Sub. H. B. No. 153 As Reported by the Senate Finance Committee

As Reported by the Senate Finance Committee

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 153

Representative Amstutz

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

A BILL

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

9.231, 9.24, 9.33, 9.331, 9.332, 9.333, 9.82,

9.823, 9.833, 9.90, 9.901, 101.532, 101.82,

102.02, 105.41, 107.09, 109.36, 109.43, 109.57,

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

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

118.06, 118.12, 118.17, 118.99, 119.032, 120.40,

121.03, 121.04, 121.22, 121.37, 121.40, 121.401,

121.402, 121.403, 121.404, 122.121, 122.171,

122.76, 123.01, 123.011, 123.10, 124.09, 124.11,

124.14, 124.141, 124.15, 124.23, 124.231, 124.24,

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

124.85, 125.021, 125.15, 125.18, 125.28, 125.89,

126.021, 126.12, 126.21, 126.24, 126.45, 126.46,

126.50, 126.503, 127.14, 127.16, 127.162, 131.02,

131.23, 131.44, 131.51, 133.01, 133.06, 133.18,

133.20, 133.55, 135.05, 135.61, 135.65, 135.66,

135.80, 145.27, 145.56, 149.01, 149.091, 149.11,

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

149.412, 149.42, 149.43, 153.01, 153.012, 153.02,

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

153.54, 153.56, 153.581, 153.65, 153.66, 153.67,

153.69, 153.70, 153.71, 153.80, 154.02, 154.07,

154.11, 166.02, 173.14, 173.21, 173.26, 173.35,

173.351, 173.36, 173.391, 173.40, 173.401,

173.403, 173.404, 173.42, 173.45, 173.46, 173.47,

173.48, 173.501, 183.30, 183.51, 185.01, 185.03,

185.06, 185.10, 187.01, 187.02, 187.03, 187.09,

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

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

307.70, 307.79, 307.791, 307.80, 307.801, 307.802,

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

307.842, 307.843, 307.846, 307.86, 308.13, 309.09,

311.29, 311.31, 317.20, 319.11, 319.301, 319.54,

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

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

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

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

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

505.105, 505.106, 505.107, 505.108, 505.109,

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

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

505.492, 505.493, 505.494, 505.495, 505.50,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

955.011, 955.012, 1309.528, 1327.46, 1327.50,

1327.51, 1327.511, 1327.54, 1327.57, 1327.62,

1327.99, 1329.04, 1329.42, 1332.24, 1345.73,

1347.08, 1501.022, 1501.40, 1503.05, 1503.141,

1505.01, 1505.04, 1505.06, 1505.09, 1505.11,

1505.99, 1506.21, 1509.01, 1509.02, 1509.021,

1509.03, 1509.04, 1509.041, 1509.05, 1509.06,

1509.061, 1509.062, 1509.07, 1509.071, 1509.072,

1509.073, 1509.08, 1509.09, 1509.10, 1509.11,

1509.12, 1509.13, 1509.14, 1509.15, 1509.17,

1509.181, 1509.19, 1509.21, 1509.22, 1509.221,

1509.222, 1509.223, 1509.224, 1509.225, 1509.226,

1509.23, 1509.24, 1509.25, 1509.26, 1509.27,

1509.28, 1509.29, 1509.31, 1509.32, 1509.33,

1509.34, 1509.36, 1509.38, 1509.40, 1509.50,

1510.01, 1510.08, 1515.08, 1515.14, 1515.24,

1517.02, 1517.03, 1531.04, 1533.10, 1533.11,

1533.111, 1533.32, 1533.731, 1533.83, 1541.05,

1545.071, 1545.09, 1545.12, 1545.131, 1545.132,

1547.30, 1547.301, 1547.302, 1547.303, 1547.304,

1551.311, 1551.32, 1551.33, 1551.35, 1555.02,

1555.03, 1555.04, 1555.05, 1555.06, 1555.08,

1555.17, 1561.06, 1561.12, 1561.13, 1561.35,

1561.49, 1563.06, 1563.24, 1563.28, 1571.01,

1571.02, 1571.03, 1571.04, 1571.05, 1571.06,

1571.08, 1571.09, 1571.10, 1571.11, 1571.14,

1571.16, 1571.18, 1571.99, 1701.07, 1702.59,

1703.031, 1703.07, 1707.11, 1707.17, 1711.05,

1711.07, 1711.18, 1711.30, 1728.06, 1728.07,

1751.01, 1751.04, 1751.11, 1751.111, 1751.12,

1751.13, 1751.15, 1751.17, 1751.20, 1751.31,

1751.34, 1751.60, 1761.04, 1776.83, 1785.06,

1901.02, 1901.06, 1901.18, 1901.261, 1901.262,

1901.41, 1905.01, 1907.13, 1907.261, 1907.262,

1907.53, 1909.11, 1923.01, 1923.02, 1923.061,

1923.15, 2105.09, 2151.011, 2151.3515, 2151.412,

2151.421, 2151.424, 2151.541, 2152.72, 2301.01,

2301.031, 2303.201, 2305.01, 2305.232, 2317.02,

2317.422, 2329.26, 2335.05, 2335.06, 2501.02,

2503.01, 2744.05, 2901.01, 2903.33, 2907.15,

2915.01, 2917.40, 2919.271, 2921.41, 2925.03,

2929.71, 2935.01, 2935.03, 2945.371, 2945.38,

2945.39, 2945.40, 2945.401, 2945.402, 2949.14,

100

2953.08, 2981.11, 2981.13, 3109.16, 3111.04,

101

3113.06, 3119.54, 3121.48, 3123.44, 3123.45,

102

3123.55, 3123.56, 3123.58, 3123.59, 3123.63,

103

3301.07, 3301.071, 3301.079, 3301.0710, 3301.0711,

104

3301.0712, 3301.0714, 3301.16, 3301.162, 3301.70,

105

3302.02, 3302.031, 3302.05, 3302.07, 3304.181,

106

3304.182, 3305.08, 3306.12, 3307.20, 3307.31,

107

3307.41, 3307.64, 3309.22, 3309.41, 3309.48,

108

3309.51, 3309.66, 3310.02, 3310.03, 3310.05,

109

3310.08, 3310.41, 3311.05, 3311.054, 3311.056,

110

3311.06, 3311.19, 3311.21, 3311.213, 3311.214,

111

3311.29, 3311.50, 3311.52, 3311.53, 3311.73,

112

3311.76, 3313.29, 3313.372, 3313.41, 3313.46,

113

3313.482, 3313.533, 3313.55, 3313.603, 3313.61,

114

3313.611, 3313.612, 3313.614, 3313.64, 3313.642,

115

3313.6410, 3313.65, 3313.75, 3313.816, 3313.842,

116

3313.843, 3313.845, 3313.911, 3313.97, 3313.975,

117

3313.976, 3313.978, 3313.979, 3313.981, 3314.012,

118

3314.015, 3314.02, 3314.021, 3314.023, 3314.03,

119

3314.05, 3314.051, 3314.07, 3314.08, 3314.087,

120

3314.088, 3314.091, 3314.10, 3314.13, 3314.19,

121

3314.22, 3314.35, 3314.36, 3315.01, 3316.041,

122

3316.06, 3316.08, 3316.20, 3317.01, 3317.013,

123

3317.014, 3317.018, 3317.02, 3317.021, 3317.022,

124

3317.023, 3317.024, 3317.025, 3317.0210,

125

3317.0211, 3317.03, 3317.031, 3317.05, 3317.051,

126

3317.053, 3317.06, 3317.061, 3317.07, 3317.08,

127

3317.081, 3317.082, 3317.09, 3317.11, 3317.12,

128

3317.16, 3317.18, 3317.19, 3317.20, 3317.201,

129

3318.011, 3318.032, 3318.034, 3318.05, 3318.051,

130

3318.08, 3318.12, 3318.31, 3318.36, 3318.37,

131

3318.38, 3318.41, 3318.44, 3319.081, 3319.17,

132

3319.19, 3319.227, 3319.26, 3319.31, 3319.311,

133

3319.39, 3319.57, 3319.71, 3323.09, 3323.091,

134

3323.14, 3323.142, 3323.31, 3324.05, 3325.08,

135

3326.11, 3326.33, 3326.39, 3327.02, 3327.04,

136

3327.05, 3329.08, 3331.01, 3333.03, 3333.043,

137

3333.31, 3333.38, 3333.66, 3333.81, 3333.82,

138

3333.83, 3333.84, 3333.85, 3333.87, 3333.90,

139

3334.19, 3345.061, 3345.14, 3345.32, 3349.29,

140

3353.04, 3354.12, 3354.16, 3355.09, 3357.16,

141

3365.01, 3365.08, 3375.41, 3381.11, 3501.03,

142

3501.17, 3505.13, 3506.05, 3701.021, 3701.023,

143

3701.07, 3701.61, 3701.74, 3701.83, 3702.59,

144

3704.06, 3704.14, 3705.24, 3709.085, 3709.09,

145

3709.092, 3709.21, 3717.01, 3717.53, 3719.141,

146

3719.41, 3721.01, 3721.011, 3721.02, 3721.031,

147

3721.04, 3721.50, 3721.51, 3721.561, 3721.58,

148

3721.99, 3722.01, 3722.011, 3722.02, 3722.021,

149

3722.022, 3722.04, 3722.041, 3722.05, 3722.06,

150

3722.07, 3722.08, 3722.09, 3722.10, 3722.11,

151

3722.12, 3722.13, 3722.14, 3722.15, 3722.151,

152

3722.16, 3722.17, 3722.18, 3729.01, 3733.02,

153

3733.021, 3733.022, 3733.024, 3733.025, 3733.03,

154

3733.04, 3733.05, 3733.06, 3733.08, 3733.09,

155

3733.091, 3733.10, 3733.101, 3733.11, 3733.12,

156

3733.121, 3733.122, 3733.123, 3733.13, 3733.14,

157

3733.15, 3733.17, 3733.18, 3733.19, 3733.20,

158

3733.21, 3733.41, 3734.02, 3734.05, 3734.06,

159

3734.18, 3734.19, 3734.20, 3734.21, 3734.22,

160

3734.23, 3734.24, 3734.25, 3734.26, 3734.27,

161

3734.28, 3734.282, 3734.57, 3734.85, 3734.901,

162

3735.36, 3735.66, 3737.73, 3737.83, 3737.841,

163

3737.87, 3737.88, 3743.06, 3743.19, 3743.52,

164

3743.53, 3743.54, 3745.015, 3745.11, 3746.02,

165

3750.081, 3767.32, 3769.08, 3769.20, 3769.26,

166

3770.05, 3772.032, 3772.062, 3781.06, 3781.183,

167

3791.043, 3793.04, 3793.06, 3793.21, 3901.3814,

168

3903.01, 3923.28, 3923.281, 3923.30, 3924.10,

169

3937.41, 3963.01, 3963.11, 4113.11, 4113.61,

170

4115.03, 4115.033, 4115.034, 4115.04, 4115.05,

171

4115.10, 4115.101, 4115.13, 4115.16, 4116.01,

172

4117.01, 4117.03, 4121.03, 4121.12, 4121.121,

173

4121.125, 4121.128, 4121.44, 4123.27, 4123.341,

174

4123.342, 4123.35, 4131.03, 4131.031, 4141.08,

175

4141.11, 4141.33, 4301.01, 4301.12, 4301.17,

176

4301.43, 4301.62, 4301.80, 4301.81, 4303.02,

177

4503.03, 4503.06, 4503.061, 4503.062, 4503.235,

178

4503.70, 4503.93, 4504.02, 4504.021, 4504.15,

179

4504.16, 4504.18, 4505.181, 4506.071, 4507.111,

180

4507.164, 4507.1612, 4507.45, 4509.101, 4509.81,

181

4510.10, 4510.22, 4510.72, 4511.191, 4511.193,

182

4513.39, 4513.60, 4513.61, 4513.62, 4513.63,

183

4513.64, 4513.66, 4517.01, 4517.02, 4517.04,

184

4517.09, 4517.10, 4517.12, 4517.13, 4517.14,

185

4517.23, 4517.24, 4517.44, 4549.17, 4561.21,

186

4582.12, 4582.31, 4585.10, 4705.021, 4725.34,

187

4725.48, 4725.50, 4725.52, 4725.57, 4729.52,

188

4731.65, 4731.71, 4733.15, 4733.151, 4735.01,

189

4735.02, 4735.03, 4735.05, 4735.052, 4735.06,

190

4735.07, 4735.09, 4735.10, 4735.13, 4735.14,

191

4735.141, 4735.142, 4735.15, 4735.16, 4735.17,

192

4735.18, 4735.181, 4735.182, 4735.19, 4735.20,

193

4735.21, 4735.211, 4735.32, 4735.55, 4735.58,

194

4735.59, 4735.62, 4735.68, 4735.71, 4735.74,

195

4736.12, 4740.14, 4743.05, 4757.31, 4776.01,

196

4781.01, 4781.02, 4781.04, 4781.07, 4781.09,

197

4781.14, 4781.15, 4781.99, 4905.90, 4906.01,

198

4911.02, 4927.17, 4928.01, 4928.20, 4929.26,

199

4929.27, 4931.40, 4931.51, 4931.52, 4931.53,

200

5101.16, 5101.181, 5101.182, 5101.183, 5101.244,

201

5101.26, 5101.27, 5101.271, 5101.272, 5101.28,

202

5101.30, 5101.342, 5101.35, 5101.37, 5101.46,

203

5101.47, 5101.50, 5101.571, 5101.573, 5101.58,

204

5101.60, 5101.61, 5101.98, 5104.01, 5104.011,

205

5104.012, 5104.013, 5104.03, 5104.04, 5104.05,

206

5104.13, 5104.30, 5104.32, 5104.34, 5104.341,

207

5104.35, 5104.37, 5104.38, 5104.39, 5104.42,

208

5104.43, 5104.99, 5111.012, 5111.013, 5111.0112,

209

5111.021, 5111.023, 5111.025, 5111.031, 5111.06,

210

5111.113, 5111.13, 5111.151, 5111.16, 5111.17,

211

5111.172, 5111.20, 5111.21, 5111.211, 5111.22,

212

5111.221, 5111.222, 5111.23, 5111.231, 5111.232,

213

5111.235, 5111.24, 5111.241, 5111.244, 5111.25,

214

5111.251, 5111.254, 5111.255, 5111.258, 5111.262,

215

5111.27, 5111.28, 5111.29, 5111.291, 5111.33,

216

5111.35, 5111.52, 5111.65, 5111.66, 5111.67,

217

5111.671, 5111.672, 5111.68, 5111.681, 5111.687,

218

5111.689, 5111.85, 5111.871, 5111.872, 5111.873,

219

5111.874, 5111.877, 5111.88, 5111.89, 5111.891,

220

5111.894, 5111.911, 5111.912, 5111.913, 5111.94,

221

5111.941, 5111.97, 5112.30, 5112.31, 5112.37,

222

5112.371, 5112.39, 5112.40, 5112.41, 5112.46,

223

5112.99, 5119.01, 5119.02, 5119.06, 5119.16,

224

5119.18, 5119.22, 5119.61, 5119.611, 5119.613,

225

5119.62, 5119.621, 5119.99, 5120.105, 5120.135,

226

5120.17, 5120.22, 5120.28, 5120.29, 5122.01,

227

5122.15, 5122.21, 5122.31, 5123.01, 5123.0412,

228

5123.0413, 5123.0417, 5123.051, 5123.171, 5123.18,

229

5123.19, 5123.191, 5123.194, 5123.352, 5123.45,

230

5123.60, 5126.01, 5126.029, 5126.04, 5126.042,

231

5126.05, 5126.054, 5126.0510, 5126.0511,

232

5126.0512, 5126.08, 5126.11, 5126.12, 5126.24,

233

5126.41, 5126.42, 5139.11, 5139.43, 5310.35,

234

5321.01, 5501.44, 5501.73, 5502.52, 5502.522,

235

5502.61, 5502.68, 5505.04, 5505.22, 5525.04,

236

5540.03, 5540.031, 5540.05, 5543.10, 5549.21,

237

5552.06, 5553.05, 5553.19, 5553.23, 5553.42,

238

5555.07, 5555.27, 5555.42, 5559.06, 5559.10,

239

5559.12, 5561.04, 5561.08, 5571.011, 5573.02,

240

5573.10, 5575.01, 5575.02, 5577.042, 5577.043,

241

5591.15, 5593.08, 5701.13, 5703.05, 5703.37,

242

5703.58, 5705.01, 5705.14, 5705.16, 5705.19,

243

5705.191, 5705.194, 5705.196, 5705.21, 5705.211,

244

5705.214, 5705.218, 5705.25, 5705.251, 5705.261,

245

5705.29, 5705.314, 5705.392, 5705.412, 5705.71,

246

5707.031, 5709.07, 5709.40, 5709.41, 5709.42,

247

5709.62, 5709.63, 5709.632, 5709.73, 5709.78,

248

5713.01, 5715.17, 5715.23, 5715.26, 5719.04,

249

5721.01, 5721.03, 5721.04, 5721.18, 5721.19,

250

5721.30, 5721.31, 5721.32, 5721.37, 5721.38,

251

5721.42, 5722.13, 5723.05, 5723.18, 5725.151,

252

5725.24, 5725.98, 5727.57, 5727.75, 5727.84,

253

5727.85, 5727.86, 5729.98, 5731.02, 5731.19,

254

5731.21, 5731.39, 5733.0610, 5733.23, 5733.351,

255

5739.01, 5739.02, 5739.021, 5739.022, 5739.026,

256

5739.07, 5739.101, 5739.19, 5739.30, 5747.01,

257

5747.058, 5747.113, 5747.451, 5747.46, 5747.51,

258

5747.53, 5748.01, 5748.02, 5748.021, 5748.04,

259

5748.05, 5748.08, 5748.081, 5751.01, 5751.011,

260

5751.20, 5751.21, 5751.22, 5751.23, 5751.50,

261

5753.01, 5901.02, 6101.16, 6103.04, 6103.05,

262

6103.06, 6103.081, 6103.31, 6105.131, 6109.21,

263

6111.038, 6111.044, 6111.46, 6115.01, 6115.20,

264

6117.05, 6117.06, 6117.07, 6117.251, 6117.49,

265

6119.10, 6119.18, 6119.22, 6119.25, and 6119.58;

266

to amend, for the purpose of adopting new section

267

numbers as indicated in parentheses, sections

268

124.85 (9.04), 173.35 (5119.69), 173.351

269

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

270

505.482 (505.481), 3306.12 (3317.0212), 3314.20

271

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

272

3722.011 (5119.701), 3722.02 (5119.71), 3722.021

273

(5119.711), 3722.022 (5119.712), 3722.03

274

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

275

3722.05 (5119.74), 3722.06 (5119.75), 3722.07

276

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

277

3722.10 (5119.79), 3722.11 (5119.80), 3722.12

278

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

279

3722.15 (5119.84), 3722.151 (5119.85), 3722.16

280

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

281

3733.02 (4781.26), 3733.021 (4781.31), 3733.022

282

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

283

3733.03 (4781.27), 3733.04 (4781.28), 3733.05

284

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

285

3733.09 (4781.36), 3733.091 (4781.37), 3733.10

286

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

287

3733.12 (4781.41), 3733.121 (4781.42), 3733.122

288

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

289

3733.14 (4781.46), 3733.15 (4781.47), 3733.16

290

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

291

3733.19 (4781.51), 3733.20 (4781.52), 3733.49

292

(3733.43), 5101.271 (5101.272), 5101.272

293

(5101.273), 5101.5110 (5101.5111), 5111.14

294

(5111.141), 5111.261 (5111.263), 5111.892

295

(5111.893), 5119.612 (5119.613), and 5119.613

296

(5119.614); to enact new sections 3314.016,

297

3314.20, 3733.42, 5101.271, 5101.5110, 5111.14,

298

5111.261, 5111.861, 5111.892, 5119.612, 5126.18,

299

and 5747.52, and sections 7.16, 9.334, 9.335,

300

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

301

113.42, 113.43, 113.44, 113.45, 113.47, 118.025,

302

118.31, 122.175, 123.101, 124.394, 125.024,

303

125.182, 125.213, 126.10, 126.141, 126.60,

304

126.601, 126.602, 126.603, 126.604, 126.605,

305

127.19, 131.024, 149.308, 149.381, 153.501,

306

153.502, 153.503, 153.504, 153.505, 153.53,

307

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

308

154.24, 154.25, 167.081, 173.41, 187.13, 305.23,

309

306.322, 306.55, 306.551, 307.093, 307.847,

310

317.06, 353.01, 353.02, 353.03, 353.04, 353.05,

311

353.06, 353.07, 353.08, 353.09, 353.10, 353.11,

312

353.12, 353.13, 353.14, 353.15, 353.16, 353.17,

313

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

314

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

315

1327.501, 1505.05, 1509.022, 1571.012, 1571.013,

316

1571.014, 2151.429, 2335.061, 3123.591, 3301.81,

317

3302.042, 3302.06, 3302.061, 3302.062, 3302.063,

318

3302.064, 3302.065, 3302.066, 3302.067, 3302.068,

319

3302.12, 3302.20, 3302.21, 3302.22, 3302.25,

320

3302.30, 3310.51, 3310.52, 3310.521, 3310.53,

321

3310.54, 3310.55, 3310.56, 3310.57, 3310.58,

322

3310.59, 3310.60, 3310.61, 3310.62, 3310.63,

323

3310.64, 3311.0510, 3313.411, 3313.538, 3313.539,

324

3313.846, 3313.88, 3314.0210, 3314.23, 3314.46,

325

3316.21, 3318.054, 3318.111, 3318.371, 3318.48,

326

3318.49, 3318.60, 3319.0810, 3319.228, 3319.229,

327

3319.58, 3323.052, 3328.01 to 3328.04, 3328.11 to

328

3328.15, 3328.17 to 3328.19, 3328.191, 3328.192,

329

3328.193, 3328.20 to 3328.26, 3328.31 to 3328.36,

330

3328.41, 3328.45, 3328.50, 3328.99, 3333.0411,

331

3333.43, 3333.93, 3333.94, 3345.023, 3345.54,

332

3345.55, 3345.81, 3353.15, 3701.0211, 3701.032,

333

3709.341, 3717.54, 3734.577, 3745.016, 3793.061,

334

3901.56, 3903.301, 4303.209, 4313.01, 4313.02,

335

4781.121, 4781.54, 4911.021, 5101.504, 5101.5210,

336

5101.57, 5111.0122, 5111.0123, 5111.0124,

337

5111.0125, 5111.0212, 5111.0213, 5111.0214,

338

5111.0215, 5111.035, 5111.051, 5111.052, 5111.053,

339

5111.054, 5111.063, 5111.086, 5111.161, 5111.1711,

340

5111.224, 5111.225, 5111.226, 5111.259, 5111.331,

341

5111.862, 5111.863, 5111.864, 5111.865, 5111.944,

342

5111.945, 5111.981, 5112.991, 5119.012, 5119.013,

343

5119.622, 5119.623, 5119.693, 5120.092, 5122.341,

344

5123.0418, 5123.0419, 5703.059, 5705.55, 5725.34,

345

5729.17, 5748.09, 5751.41, 6115.231, and 6119.061;

346

and to repeal sections 7.14, 122.0818, 122.452,

347

126.04, 126.501, 126.502, 126.507, 165.031, 181.21

348

to 181.26, 340.08, 701.04, 1501.031, 1551.13,

349

3123.52, 3123.61, 3123.612, 3123.613, 3123.614,

350

3301.82, 3306.01, 3306.011, 3306.012, 3306.02,

351

3306.03, 3306.04, 3306.05, 3306.051, 3306.052,

352

3306.06, 3306.07, 3306.08, 3306.09, 3306.091,

353

3306.10, 3306.11, 3306.13, 3306.19, 3306.191,

354

3306.192, 3306.21, 3306.22, 3306.29, 3306.291,

355

3306.292, 3306.51, 3306.52, 3306.53, 3306.54,

356

3306.55, 3306.56, 3306.57, 3306.58, 3306.59,

357

3311.059, 3314.013, 3314.014, 3314.016, 3314.017,

358

3314.082, 3314.085, 3314.11, 3314.111, 3317.011,

359

3317.016, 3317.017, 3317.0216, 3317.04, 3317.17,

360

3319.62, 3329.16, 3335.45, 3349.242, 3706.042,

361

3721.56, 3722.99, 3733.01, 3733.031, 3733.07,

362

3733.22, 3733.23, 3733.24, 3733.25, 3733.26,

363

3733.27, 3733.28, 3733.29, 3733.30, 3733.42,

364

3733.43, 3733.431, 3733.44, 3733.45, 3733.46,

365

3733.47, 3733.471, 3733.48, 3733.99, 3923.90,

366

3923.91, 4115.032, 4121.75, 4121.76, 4121.77,

367

4121.78, 4121.79, 4582.37, 4981.23, 5101.5211,

368

5101.5212, 5101.5213, 5101.5214, 5101.5215,

369

5101.5216, 5111.243, 5111.34, 5111.861, 5111.893,

370

5111.971, 5122.36, 5123.172, 5123.181, 5123.193,

371

5123.211, 5126.18, 5126.19, and 5747.52 of the

372

Revised Code; to amend Section 5 of Am. Sub. H.B.

373

1 of the 129th General Assembly, Section 205.10 of

374

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

375

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

376

Assembly, Section 5 of Am. Sub. S.B. 2 of the

377

129th General Assembly, Sections 125.10 and 753.60

378

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

379

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

380

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

381

462 of the 128th General Assembly, as subsequently

382

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

383

128th General Assembly, Section 5 of Sub. S.B. 162

384

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

385

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

386

subsequently amended, and Section 153 of Am. Sub.

387

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

388

subsequently amended; to repeal Section 6 of Sub.

389

S.B. 162 of the 128th General Assembly and Section

390

5 of Sub. H.B. 2 of the 127th General Assembly; to

391

amend the versions of sections 5122.01, 5122.31,

392

5123.19, 5123.191, and 5123.60 of the Revised Code

393

that result from Section 101.01 of this act and to

394

amend sections 3721.16, 5111.709, 5119.221,

395

5122.02, 5122.27, 5122.271, 5122.29, 5122.32,

396

5123.092, 5123.35, 5123.61, 5123.63, 5123.64,

397

5123.69, 5123.701, 5123.86, 5123.99, and 5126.33,

398

to amend section 5123.60 (5123.601) for the

399

purpose of adopting a new section number as

400

indicated in parentheses, to enact new sections

401

5123.60 and 5123.602, and to repeal sections

402

5123.601, 5123.602, 5123.603, 5123.604, and

403

5123.605 of the Revised Code on October 1, 2012;

404

and to terminate certain provisions of this act on

405

June 30, 2013, by repealing sections 126.60,

406

126.601, 126.602, 126.603, 126.604, and 126.605 of

407

the Revised Code on that date; to make operating

408

appropriations for the biennium beginning July 1,

409

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

410

authorization and conditions for the operation of

411

programs, including reforms for the efficient and

412

effective operation of state and local government.

413

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

Section 101.01. That sections 7.10, 7.11, 7.12, 9.03, 9.06,	414
9.231, 9.24, 9.33, 9.331, 9.332, 9.333, 9.82, 9.823, 9.833, 9.90,	415
9.901, 101.532, 101.82, 102.02, 105.41, 107.09, 109.36, 109.43,	416
109.57, 109.572, 109.64, 109.71, 109.801, 111.12, 111.16, 111.18,	417
117.101, 117.13, 118.023, 118.04, 118.05, 118.06, 118.12, 118.17,	418
118.99, 119.032, 120.40, 121.03, 121.04, 121.22, 121.37, 121.40,	419
121.401, 121.402, 121.403, 121.404, 122.121, 122.171, 122.76,	420
123.01, 123.011, 123.10, 124.09, 124.11, 124.14, 124.141, 124.15,	421
124.23, 124.231, 124.24, 124.25, 124.26, 124.27, 124.31, 124.34,	422
124.393, 124.85, 125.021, 125.15, 125.18, 125.28, 125.89, 126.021,	423
126.12, 126.21, 126.24, 126.45, 126.46, 126.50, 126.503, 127.14,	424
127.16, 127.162, 131.02, 131.23, 131.44, 131.51, 133.01, 133.06,	425
133.18, 133.20, 133.55, 135.05, 135.61, 135.65, 135.66, 135.80,	426
145.27, 145.56, 149.01, 149.091, 149.11, 149.311, 149.351, 149.38,	427
149.39, 149.41, 149.411, 149.412, 149.42, 149.43, 153.01, 153.012,	428
153.02, 153.03, 153.07, 153.08, 153.50, 153.51, 153.52, 153.54,	429
153.56, 153.581, 153.65, 153.66, 153.67, 153.69, 153.70, 153.71,	430
153.80, 154.02, 154.07, 154.11, 166.02, 173.14, 173.21, 173.26,	431
173.35, 173.351, 173.36, 173.391, 173.40, 173.401, 173.403,	432
173.404, 173.42, 173.45, 173.46, 173.47, 173.48, 173.501, 183.30,	433
183.51, 185.01, 185.03, 185.06, 185.10, 187.01, 187.02, 187.03,	434
187.09, 301.02, 301.15, 301.28, 305.171, 306.35, 306.43, 306.70,	435
307.022, 307.041, 307.10, 307.12, 307.676, 307.70, 307.79,	436
307.791, 307.80, 307.801, 307.802, 307.803, 307.806, 307.81,	437
307.82, 307.83, 307.84, 307.842, 307.843, 307.846, 307.86, 308.13,	438
309.09, 311.29, 311.31, 317.20, 319.11, 319.301, 319.54, 321.18,	439
321.261, 322.02, 322.021, 323.08, 323.73, 323.75, 324.02, 324.021,	440
325.20, 340.02, 340.03, 340.033, 340.05, 340.091, 340.11, 341.192,	441
343.08, 345.03, 349.03, 501.07, 503.05, 503.162, 503.41, 504.02,	442
504.03, 504.12, 504.16, 504.21, 505.101, 505.105, 505.106,	443
505.107, 505.108, 505.109, 505.17, 505.172, 505.24, 505.264,	444
505.267, 505.28, 505.373, 505.43, 505.48, 505.481, 505.49,	445
505.491, 505.492, 505.493, 505.494, 505.495, 505.50, 505.51,	446
505.511, 505.52, 505.53, 505.54, 505.541, 505.55, 505.60, 505.601,	447
505.603, 505.61, 505.67, 505.73, 507.09, 509.15, 511.01, 511.12,	448
511.23, 511.235, 511.236, 511.25, 511.28, 511.34, 513.14, 515.01,	449
515.04, 515.07, 517.06, 517.12, 517.22, 521.03, 521.05, 705.16,	450
709.43, 709.44, 711.35, 715.011, 715.47, 718.01, 718.09, 718.10,	451
719.012, 719.05, 721.03, 721.15, 721.20, 723.07, 727.011, 727.012,	452
727.08, 727.14, 727.46, 729.08, 729.11, 731.14, 731.141, 731.20,	453
731.21, 731.211, 731.22, 731.23, 731.24, 731.25, 735.05, 735.20,	454
737.04, 737.041, 737.32, 737.40, 742.41, 745.07, 747.05, 747.11,	455
747.12, 755.16, 755.29, 755.41, 755.42, 755.43, 759.47, 901.09,	456
924.52, 927.69, 951.11, 955.011, 955.012, 1309.528, 1327.46,	457
1327.50, 1327.51, 1327.511, 1327.54, 1327.57, 1327.62, 1327.99,	458
1329.04, 1329.42, 1332.24, 1345.73, 1347.08, 1501.022, 1501.40,	459
1503.05, 1503.141, 1505.01, 1505.04, 1505.06, 1505.09, 1505.11,	460
1505.99, 1506.21, 1509.01, 1509.02, 1509.021, 1509.03, 1509.04,	461
1509.041, 1509.05, 1509.06, 1509.061, 1509.062, 1509.07, 1509.071,	462
1509.072, 1509.073, 1509.08, 1509.09, 1509.10, 1509.11, 1509.12,	463
1509.13, 1509.14, 1509.15, 1509.17, 1509.181, 1509.19, 1509.21,	464
1509.22, 1509.221, 1509.222, 1509.223, 1509.224, 1509.225,	465
1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 1509.27, 1509.28,	466
1509.29, 1509.31, 1509.32, 1509.33, 1509.34, 1509.36, 1509.38,	467
1509.40, 1509.50, 1510.01, 1510.08, 1515.08, 1515.14, 1515.24,	468
1517.02, 1517.03, 1531.04, 1533.10, 1533.11, 1533.111, 1533.32,	469
1533.731, 1533.83, 1541.05, 1545.071, 1545.09, 1545.12, 1545.131,	470
1545.132, 1547.30, 1547.301, 1547.302, 1547.303, 1547.304,	471
1551.311, 1551.32, 1551.33, 1551.35, 1555.02, 1555.03, 1555.04,	472
1555.05, 1555.06, 1555.08, 1555.17, 1561.06, 1561.12, 1561.13,	473
1561.35, 1561.49, 1563.06, 1563.24, 1563.28, 1571.01, 1571.02,	474
1571.03, 1571.04, 1571.05, 1571.06, 1571.08, 1571.09, 1571.10,	475
1571.11, 1571.14, 1571.16, 1571.18, 1571.99, 1701.07, 1702.59,	476
1703.031, 1703.07, 1707.11, 1707.17, 1711.05, 1711.07, 1711.18,	477
1711.30, 1728.06, 1728.07, 1751.01, 1751.04, 1751.11, 1751.111,	478
1751.12, 1751.13, 1751.15, 1751.17, 1751.20, 1751.31, 1751.34,	479
1751.60, 1761.04, 1776.83, 1785.06, 1901.02, 1901.06, 1901.18,	480
1901.261, 1901.262, 1901.41, 1905.01, 1907.13, 1907.261, 1907.262,	481
1907.53, 1909.11, 1923.01, 1923.02, 1923.061, 1923.15, 2105.09,	482
2151.011, 2151.3515, 2151.412, 2151.421, 2151.424, 2151.541,	483
2152.72, 2301.01, 2301.031, 2303.201, 2305.01, 2305.232, 2317.02,	484
2317.422, 2329.26, 2335.05, 2335.06, 2501.02, 2503.01, 2744.05,	485
2901.01, 2903.33, 2907.15, 2915.01, 2917.40, 2919.271, 2921.41,	486
2925.03, 2929.71, 2935.01, 2935.03, 2945.371, 2945.38, 2945.39,	487
2945.40, 2945.401, 2945.402, 2949.14, 2953.08, 2981.11, 2981.13,	488
3109.16, 3111.04, 3113.06, 3119.54, 3121.48, 3123.44, 3123.45,	489
3123.55, 3123.56, 3123.58, 3123.59, 3123.63, 3301.07, 3301.071,	490
3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.16,	491
3301.162, 3301.70, 3302.02, 3302.031, 3302.05, 3302.07, 3304.181,	492
3304.182, 3305.08, 3306.12, 3307.20, 3307.31, 3307.41, 3307.64,	493
3309.22, 3309.41, 3309.48, 3309.51, 3309.66, 3310.02, 3310.03,	494
3310.05, 3310.08, 3310.41, 3311.05, 3311.054, 3311.056, 3311.06,	495
3311.19, 3311.21, 3311.213, 3311.214, 3311.29, 3311.50, 3311.52,	496
3311.53, 3311.73, 3311.76, 3313.29, 3313.372, 3313.41, 3313.46,	497
3313.482, 3313.533, 3313.55, 3313.603, 3313.61, 3313.611,	498
3313.612, 3313.614, 3313.64, 3313.642, 3313.6410, 3313.65,	499
3313.75, 3313.816, 3313.842, 3313.843, 3313.845, 3313.911,	500
3313.97, 3313.975, 3313.976, 3313.978, 3313.979, 3313.981,	501
3314.012, 3314.015, 3314.02, 3314.021, 3314.023, 3314.03, 3314.05,	502
3314.051, 3314.07, 3314.08, 3314.087, 3314.088, 3314.091, 3314.10,	503
3314.13, 3314.19, 3314.22, 3314.35, 3314.36, 3315.01, 3316.041,	504
3316.06, 3316.08, 3316.20, 3317.01, 3317.013, 3317.014, 3317.018,	505
3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.025,	506
3317.0210, 3317.0211, 3317.03, 3317.031, 3317.05, 3317.051,	507
3317.053, 3317.06, 3317.061, 3317.07, 3317.08, 3317.081, 3317.082,	508
3317.09, 3317.11, 3317.12, 3317.16, 3317.18, 3317.19, 3317.20,	509
3317.201, 3318.011, 3318.032, 3318.034, 3318.05, 3318.051,	510
3318.08, 3318.12, 3318.31, 3318.36, 3318.37, 3318.38, 3318.41,	511
3318.44, 3319.081, 3319.17, 3319.19, 3319.227, 3319.26, 3319.31,	512
3319.311, 3319.39, 3319.57, 3319.71, 3323.09, 3323.091, 3323.14,	513
3323.142, 3323.31, 3324.05, 3325.08, 3326.11, 3326.33, 3326.39,	514
3327.02, 3327.04, 3327.05, 3329.08, 3331.01, 3333.03, 3333.043,	515
3333.31, 3333.38, 3333.66, 3333.81, 3333.82, 3333.83, 3333.84,	516
3333.85, 3333.87, 3333.90, 3334.19, 3345.061, 3345.14, 3345.32,	517
3349.29, 3353.04, 3354.12, 3354.16, 3355.09, 3357.16, 3365.01,	518
3365.08, 3375.41, 3381.11, 3501.03, 3501.17, 3505.13, 3506.05,	519
3701.021, 3701.023, 3701.07, 3701.61, 3701.74, 3701.83, 3702.59,	520
3704.06, 3704.14, 3705.24, 3709.085, 3709.09, 3709.092, 3709.21,	521
3717.01, 3717.53, 3719.141, 3719.41, 3721.01, 3721.011, 3721.02,	522
3721.031, 3721.04, 3721.50, 3721.51, 3721.561, 3721.58, 3721.99,	523
3722.01, 3722.011, 3722.02, 3722.021, 3722.022, 3722.04, 3722.041,	524
3722.05, 3722.06, 3722.07, 3722.08, 3722.09, 3722.10, 3722.11,	525
3722.12, 3722.13, 3722.14, 3722.15, 3722.151, 3722.16, 3722.17,	526
3722.18, 3729.01, 3733.02, 3733.021, 3733.022, 3733.024, 3733.025,	527
3733.03, 3733.04, 3733.05, 3733.06, 3733.08, 3733.09, 3733.091,	528
3733.10, 3733.101, 3733.11, 3733.12, 3733.121, 3733.122, 3733.123,	529
3733.13, 3733.14, 3733.15, 3733.17, 3733.18, 3733.19, 3733.20,	530
3733.21, 3733.41, 3734.02, 3734.05, 3734.06, 3734.18, 3734.19,	531
3734.20, 3734.21, 3734.22, 3734.23, 3734.24, 3734.25, 3734.26,	532
3734.27, 3734.28, 3734.282, 3734.57, 3734.85, 3734.901, 3735.36,	533
3735.66, 3737.73, 3737.83, 3737.841, 3737.87, 3737.88, 3743.06,	534
3743.19, 3743.52, 3743.53, 3743.54, 3745.015, 3745.11, 3746.02,	535
3750.081, 3767.32, 3769.08, 3769.20, 3769.26, 3770.05, 3772.032,	536
3772.062, 3781.06, 3781.183, 3791.043, 3793.04, 3793.06, 3793.21,	537
3901.3814, 3903.01, 3923.28, 3923.281, 3923.30, 3924.10, 3937.41,	538
3963.01, 3963.11, 4113.11, 4113.61, 4115.03, 4115.033, 4115.034,	539
4115.04, 4115.05, 4115.10, 4115.101, 4115.13, 4115.16, 4116.01,	540
4117.01, 4117.03, 4121.03, 4121.12, 4121.121, 4121.125, 4121.128,	541
4121.44, 4123.27, 4123.341, 4123.342, 4123.35, 4131.03, 4131.031,	542
4141.08, 4141.11, 4141.33, 4301.01, 4301.12, 4301.17, 4301.43,	543
4301.62, 4301.80, 4301.81, 4303.02, 4503.03, 4503.06, 4503.061,	544
4503.062, 4503.235, 4503.70, 4503.93, 4504.02, 4504.021, 4504.15,	545
4504.16, 4504.18, 4505.181, 4506.071, 4507.111, 4507.164,	546
4507.1612, 4507.45, 4509.101, 4509.81, 4510.10, 4510.22, 4510.72,	547
4511.191, 4511.193, 4513.39, 4513.60, 4513.61, 4513.62, 4513.63,	548
4513.64, 4513.66, 4517.01, 4517.02, 4517.04, 4517.09, 4517.10,	549
4517.12, 4517.13, 4517.14, 4517.23, 4517.24, 4517.44, 4549.17,	550
4561.21, 4582.12, 4582.31, 4585.10, 4705.021, 4725.34, 4725.48,	551
4725.50, 4725.52, 4725.57, 4729.52, 4731.65, 4731.71, 4733.15,	552
4733.151, 4735.01, 4735.02, 4735.03, 4735.05, 4735.052, 4735.06,	553
4735.07, 4735.09, 4735.10, 4735.13, 4735.14, 4735.141, 4735.142,	554
4735.15, 4735.16, 4735.17, 4735.18, 4735.181, 4735.182, 4735.19,	555
4735.20, 4735.21, 4735.211, 4735.32, 4735.55, 4735.58, 4735.59,	556
4735.62, 4735.68, 4735.71, 4735.74, 4736.12, 4740.14, 4743.05,	557
4757.31, 4776.01, 4781.01, 4781.02, 4781.04, 4781.07, 4781.09,	558
4781.14, 4781.15, 4781.99, 4905.90, 4906.01, 4911.02, 4927.17,	559
4928.01, 4928.20, 4929.26, 4929.27, 4931.40, 4931.51, 4931.52,	560
4931.53, 5101.16, 5101.181, 5101.182, 5101.183, 5101.244, 5101.26,	561
5101.27, 5101.271, 5101.272, 5101.28, 5101.30, 5101.342, 5101.35,	562
5101.37, 5101.46, 5101.47, 5101.50, 5101.571, 5101.573, 5101.58,	563
5101.60, 5101.61, 5101.98, 5104.01, 5104.011, 5104.012, 5104.013,	564
5104.03, 5104.04, 5104.05, 5104.13, 5104.30, 5104.32, 5104.34,	565
5104.341, 5104.35, 5104.37, 5104.38, 5104.39, 5104.42, 5104.43,	566
5104.99, 5111.012, 5111.013, 5111.0112, 5111.021, 5111.023,	567
5111.025, 5111.031, 5111.06, 5111.113, 5111.13, 5111.151, 5111.16,	568
5111.17, 5111.172, 5111.20, 5111.21, 5111.211, 5111.22, 5111.221,	569
5111.222, 5111.23, 5111.231, 5111.232, 5111.235, 5111.24,	570
5111.241, 5111.244, 5111.25, 5111.251, 5111.254, 5111.255,	571
5111.258, 5111.262, 5111.27, 5111.28, 5111.29, 5111.291, 5111.33,	572
5111.35, 5111.52, 5111.65, 5111.66, 5111.67, 5111.671, 5111.672,	573
5111.68, 5111.681, 5111.687, 5111.689, 5111.85, 5111.871,	574
5111.872, 5111.873, 5111.874, 5111.877, 5111.88, 5111.89,	575
5111.891, 5111.894, 5111.911, 5111.912, 5111.913, 5111.94,	576
5111.941, 5111.97, 5112.30, 5112.31, 5112.37, 5112.371, 5112.39,	577
5112.40, 5112.41, 5112.46, 5112.99, 5119.01, 5119.02, 5119.06,	578
5119.16, 5119.18, 5119.22, 5119.61, 5119.611, 5119.613, 5119.62,	579
5119.621, 5119.99, 5120.105, 5120.135, 5120.17, 5120.22, 5120.28,	580
5120.29, 5122.01, 5122.15, 5122.21, 5122.31, 5123.01, 5123.0412,	581
5123.0413, 5123.0417, 5123.051, 5123.171, 5123.18, 5123.19,	582
5123.191, 5123.194, 5123.352, 5123.45, 5123.60, 5126.01, 5126.029,	583
5126.04, 5126.042, 5126.05, 5126.054, 5126.0510, 5126.0511,	584
5126.0512, 5126.08, 5126.11, 5126.12, 5126.24, 5126.41, 5126.42,	585
5139.11, 5139.43, 5310.35, 5321.01, 5501.44, 5501.73, 5502.52,	586
5502.522, 5502.61, 5502.68, 5505.04, 5505.22, 5525.04, 5540.03,	587
5540.031, 5540.05, 5543.10, 5549.21, 5552.06, 5553.05, 5553.19,	588
5553.23, 5553.42, 5555.07, 5555.27, 5555.42, 5559.06, 5559.10,	589
5559.12, 5561.04, 5561.08, 5571.011, 5573.02, 5573.10, 5575.01,	590
5575.02, 5577.042, 5577.043, 5591.15, 5593.08, 5701.13, 5703.05,	591
5703.37, 5703.58, 5705.01, 5705.14, 5705.16, 5705.19, 5705.191,	592
5705.194, 5705.196, 5705.21, 5705.211, 5705.214, 5705.218,	593
5705.25, 5705.251, 5705.261, 5705.29, 5705.314, 5705.392,	594
5705.412, 5705.71, 5707.031, 5709.07, 5709.40, 5709.41, 5709.42,	595
5709.62, 5709.63, 5709.632, 5709.73, 5709.78, 5713.01, 5715.17,	596
5715.23, 5715.26, 5719.04, 5721.01, 5721.03, 5721.04, 5721.18,	597
5721.19, 5721.30, 5721.31, 5721.32, 5721.37, 5721.38, 5721.42,	598
5722.13, 5723.05, 5723.18, 5725.151, 5725.24, 5725.98, 5727.57,	599
5727.75, 5727.84, 5727.85, 5727.86, 5729.98, 5731.02, 5731.19,	600
5731.21, 5731.39, 5733.0610, 5733.23, 5733.351, 5739.01, 5739.02,	601
5739.021, 5739.022, 5739.026, 5739.07, 5739.101, 5739.19, 5739.30,	602
5747.01, 5747.058, 5747.113, 5747.451, 5747.46, 5747.51, 5747.53,	603
5748.01, 5748.02, 5748.021, 5748.04, 5748.05, 5748.08, 5748.081,	604
5751.01, 5751.011, 5751.20, 5751.21, 5751.22, 5751.23, 5751.50,	605
5753.01, 6101.16, 6103.04, 6103.05, 6103.06, 6103.081, 6103.31,	606
6105.131, 6109.21, 6111.038, 6111.044, 6111.46, 6115.01, 6115.20,	607
6117.05, 6117.06, 6117.07, 6117.251, 6117.49, 6119.10, 6119.18,	608
6119.22, 6119.25, and 6119.58 be amended; sections 124.85 (9.04),	609
173.35 (5119.69), 173.351 (5119.691), 173.36 (5119.692), 505.481	610
(505.482), 505.482 (505.481), 3306.12 (3317.0212), 3314.20	611
(3313.473), 3721.561 (3721.56), 3722.01 (5119.70), 3722.011	612
(5119.701), 3722.02 (5119.71), 3722.021 (5119.711), 3722.022	613
(5119.712), 3722.03 (5119.72), 3722.04 (5119.73), 3722.041	614
(5119.731), 3722.05 (5119.74), 3722.06 (5119.75), 3722.07	615
(5119.76), 3722.08 (5119.77), 3722.09 (5119.78), 3722.10	616
(5119.79), 3722.11 (5119.80), 3722.12 (5119.81), 3722.13	617
(5119.82), 3722.14 (5119.83), 3722.15 (5119.84), 3722.151	618
(5119.85), 3722.16 (5119.86), 3722.17 (5119.87), 3722.18	619
(5119.88), 3733.02 (4781.26), 3733.021 (4781.31), 3733.022	620
(4781.32), 3733.024 (4781.33), 3733.025 (4781.34), 3733.03	621
(4781.27), 3733.04 (4781.28), 3733.05 (4781.29), 3733.06	622
(4781.30), 3733.08 (4781.35), 3733.09 (4781.36), 3733.091	623
(4781.37), 3733.10 (4781.38), 3733.101 (4781.39), 3733.11	624
(4781.40), 3733.12 (4781.41), 3733.121 (4781.42), 3733.122	625
(4781.43), 3733.123 (4781.44), 3733.13 (4781.45), 3733.14	626
(4781.46), 3733.15 (4781.47), 3733.16 (4781.48), 3733.17	627
(4781.49), 3733.18 (4781.50), 3733.19 (4781.51), 3733.20	628
(4781.52), 3733.49 (3733.43), 5101.271 (5101.272), 5101.272	629
(5101.273), 5101.5110 (5101.5111), 5111.14 (5111.141), 5111.261	630
(5111.263), 5111.892 (5111.893), 5119.612 (5119.613), and 5119.613	631
(5119.614) be amended for the purpose of adopting new section	632
numbers as indicated in parentheses; that new sections 3314.016,	633
3314.20, 5101.271, 5101.5110, 5111.14, 5111.261, 5111.861,	634
5111.892, 5119.612, 5126.18, and 5747.52 and sections 7.16, 9.334,	635
9.335, 9.482, 101.36, 101.711, 111.181, 111.28, 111.29, 113.42,	636
113.43, 113.44, 113.45, 113.47, 118.025, 118.31, 122.175, 123.101,	637
124.394, 125.024, 125.182, 125.213, 126.10, 126.141, 126.60,	638
126.601, 126.602, 126.603, 126.604, 126.605, 127.19, 131.024,	639
149.308, 149.381, 153.501, 153.502, 153.503, 153.504, 153.505,	640
153.53, 153.55, 153.692, 153.693, 153.694, 153.72, 153.73, 154.24,	641
154.25, 167.081, 173.41, 187.13, 305.23, 306.322, 306.55, 306.551,	642
307.093, 307.847, 317.06, 353.01, 353.02, 353.03, 353.04, 353.05,	643
353.06, 353.07, 353.08, 353.09, 353.10, 353.11, 353.12, 353.13,	644
353.14, 353.15, 353.16, 353.17, 505.483, 505.484, 505.551, 523.01,	645
523.02, 523.03, 523.04, 523.05, 523.06, 523.09, 709.451, 709.452,	646
1327.501, 1505.05, 1509.022, 1571.012, 1571.013, 1571.014,	647
2151.429, 2335.061, 3123.591, 3301.81, 3302.042, 3302.06,	648
3302.061, 3302.062, 3302.063, 3302.064, 3302.065, 3302.066,	649
3302.067, 3302.068, 3302.12, 3302.20, 3302.21, 3302.22, 3302.25,	650
3302.30, 3310.51, 3310.52, 3310.521, 3310.53, 3310.54, 3310.55,	651
3310.56, 3310.57, 3310.58, 3310.59, 3310.60, 3310.61, 3310.62,	652
3310.63, 3310.64, 3311.0510, 3313.411, 3313.538, 3313.539,	653
3313.846, 3313.88, 3314.0210, 3314.23, 3314.46, 3316.21, 3318.054,	654
3318.111, 3318.371, 3318.48, 3318.49, 3318.60, 3319.0810,	655
3319.228, 3319.229, 3319.58, 3323.052, 3328.01, 3328.02, 3328.03,	656
3328.04, 3328.11, 3328.12, 3328.13, 3328.14, 3328.15, 3328.17,	657
3328.18, 3328.19, 3328.191, 3328.192, 3328.193, 3328.20, 3328.21,	658
3328.22, 3328.23, 3328.24, 3328.25, 3328.26, 3328.31, 3328.32,	659
3328.33, 3328.34, 3328.35, 3328.36, 3328.41, 3328.45, 3328.50,	660
3328.99, 3333.0411, 3333.43, 3333.93, 3333.94, 3345.023, 3345.54,	661
3345.55, 3345.81, 3353.15, 3701.0211, 3701.032, 3709.341, 3717.54,	662
3733.42, 3743.577, 3745.016, 3793.061, 3901.56, 3903.301,	663
4303.209, 4313.01, 4313.02, 4781.121, 4781.54, 4911.021, 5101.504,	664
5101.5210, 5101.57, 5111.0122, 5111.0123, 5111.0124, 5111.0125,	665
5111.0212, 5111.0213, 5111.0214, 5111.0215, 5111.035, 5111.051,	666
5111.052, 5111.053, 5111.054, 5111.063, 5111.086, 5111.161,	667
5111.1711, 5111.224, 5111.225, 5111.226, 5111.259, 5111.331,	668
5111.862, 5111.863, 5111.864, 5111.865, 5111.944, 5111.945,	669
5111.981, 5112.991, 5119.012, 5119.013, 5119.622, 5119.623,	670
5119.693, 5120.092, 5122.341, 5123.0418, 5123.0419, 5703.059,	671
5705.55, 5725.34, 5729.17, 5748.09, 5751.41, 6115.231, and	672
6119.061 of the Revised Code be enacted to read as follows:	673

Sec. 7.10. For the publication of advertisements, notices,	674
and proclamations, except those relating to proposed amendments to	675
the Ohio ~~constitution~~Constitution, required to be published by a	676
public officer of the state, ~~county, municipal corporation,~~	677
~~township, school~~, a benevolent or other public institution, ~~or by~~	678
a trustee, assignee, executor, or administrator, or by or in any	679
court of record, except when the rate is otherwise fixed by law,	680
publishers of newspapers may charge and receive for such	681
advertisements, notices, and proclamations rates charged on annual	682
contracts by them for a like amount of space to other advertisers	683
who advertise in its general display advertising columns. ~~Legal~~	684

For the publication of advertisements, notices, or	685
proclamations required to be published by a public officer of a	686
county, municipal corporation, township, school, or other	687
political subdivision, publishers of newspapers shall establish a	688
government rate, which shall include free publication of	689
advertisements, notices, or proclamations on the newspaper's	690
internet web site, if the newspaper has one. The government rate	691
shall not exceed the lowest classified advertising rate and lowest	692
insert rate paid by other advertisers.	693

Legal advertising, except that relating to proposed	694
amendments to the Ohio ~~constitution~~Constitution, shall be set up	695
in a compact form, without unnecessary spaces, blanks, or	696
headlines, and printed in not smaller than six-point type. The	697
type used must be of such proportions that the body of the capital	698
letter M is no wider than it is high and all other letters and	699
characters are in proportion.	700

Except as provided in section 2701.09 of the Revised Code,	701
all legal advertisements or notices shall be printed in newspapers	702
~~published in the English language only~~of general circulation and	703
also shall be posted on the state public notice web site created	704
under section 125.182 of the Revised Code, and on a newspaper's	705
internet web site, if the newspaper has one.	706

Sec. 7.11. A proclamation for an election, an order fixing	707
the time of holding court, notice of the rates of taxation, bridge	708
and pike notices, notice to contractors, and such other	709
advertisements of general interest to the taxpayers as the county	710
auditor, county treasurer, probate judge, or board of county	711
commissioners deems proper shall be published in ~~two newspapers~~a	712
newspaper of ~~opposite politics of~~ general circulation, as defined	713
in section ~~5721.01~~7.12 of the Revised Code at the county seat if	714
~~there are such newspapers published thereat. If there are not two~~	715
~~newspapers of opposite politics and of general circulation~~	716
~~published in said county seat, such publication shall be made in~~	717
~~one newspaper published in said county seat and in any other~~	718
~~newspaper of general circulation in said county as defined in~~	719
~~section 5721.01 of the Revised Code, wherever published, without~~	720
~~regard to the politics of such other newspaper~~. In counties having	721
cities of eight thousand inhabitants or more, not the county seat	722
of such counties, additional publication of such notice shall be	723
made in ~~two newspapers~~a newspaper of ~~opposite politics and of~~	724
general circulation ~~in such city~~, as defined in such section, in	725
such city. ~~For purposes of this section, a newspaper independent~~	726
~~in politics is a newspaper of opposite politics to a newspaper of~~	727
~~designated political affiliation. Sections 7.10 to 7.13,~~	728
~~inclusive, of the Revised Code, do not apply to the publication of~~	729
~~notices of delinquent and forfeited land sales.~~	730

The cost of any publication authorized by this section, which	731
isshall be printed in display form, shall be the ~~commercial~~	732
government rate ~~charged~~established by such newspaper under	733
section 7.10 of the Revised Code.	734

Sec. 7.12. (A) Whenever ~~any legal publication~~a state agency	735
or a political subdivision of the state is required by law to be	736
~~made~~make any legal publication in a newspaper ~~published in a~~	737
~~municipal corporation, county, or other political subdivision~~, the	738
newspaper shall ~~also~~ be a newspaper of general circulation ~~in the~~	739
~~municipal corporation, county, or other political subdivision~~,	740
~~without further restriction or limitation upon a selection of the~~	741
~~newspaper to be used. If no newspaper is published in such~~	742
~~municipal corporation, county, or other political subdivision,~~	743
~~such legal publication shall be made in any newspaper of general~~	744
~~circulation therein. If there are less than two newspapers~~	745
~~published in any municipal corporation, county, or other political~~	746
~~subdivision in the manner defined by this section, then any legal~~	747
~~publication required by law to be made in a newspaper published in~~	748
~~a municipal corporation, county, or other political subdivision~~	749
~~may be made in any newspaper regularly issued at stated intervals~~	750
~~from a known office of publication located within the municipal~~	751
~~corporation, county, or other political subdivision. As used in~~	752
~~this section, a known office of publication is a public office~~	753
~~where the business of the newspaper is transacted during the usual~~	754
~~business hours, and such office shall be shown by the publication~~	755
~~itself~~. As used in the Revised Code,	756

~~In addition to all other requirements, a~~"newspaper" or	757
"newspaper of general circulation," except ~~those publications~~	758
daily law journals in existence on or before July 1, 2011, and	759
performing the functions described in section 2701.09 of the	760
Revised Code for a period of ~~one year~~three years immediately	761
preceding any such legal publication required to be made, ~~shall be~~	762
is a publication bearing a title or name,that is regularly issued	763
~~as frequently as~~at least once a week ~~for a definite price or~~	764
~~consideration paid for by not less than fifty per cent of those to~~	765
~~whom distribution is made, having a second class mailing~~	766
~~privilege, being not less than four pages, published continuously~~	767
~~during the immediately preceding one-year period, and circulated~~	768
~~generally in the political subdivision in which it is published.~~	769
~~Such publication must be of a type to which the general public~~	770
~~resorts for passing events of a political, religious, commercial,~~	771
~~and social nature, current happenings, announcements,~~	772
~~miscellaneous reading matter, advertisements, and other notices~~,	773
and that meets all of the following requirements:	774

(1) It is printed in the English language using standard	775
printing methods, being not less than eight pages in the	776
broadsheet format or sixteen pages in the tabloid format.	777

(2) It contains at least twenty-five per cent editorial	778
content, which includes, but is not limited to, local news,	779
political information, and local sports.	780

(3) It has been published continuously for at least three	781
years immediately preceding legal publication by the state agency	782
or political subdivision.	783

(4) The publication has the ability to add subscribers to its	784
distribution list.	785

(5) The publication is circulated generally by United States	786
mail or carrier delivery in the political subdivision responsible	787
for legal publication or in the state, if legal publication is	788
made by a state agency, by proof of the filing of a United States	789
postal service "Statement of Ownership, Management, and	790
Circulation" (PS form 3526) with the local postmaster, or by proof	791
of an independent audit of the publication performed, within the	792
twelve months immediately preceding legal publication.	793

(B) A person who disagrees that a publication is a "newspaper	794
of general circulation" in which legal publication may be made	795
under this section may deliver a written request for mediation to	796
the publisher of the publication and to the court of common pleas	797
of the county in which is located the political subdivision in	798
which the publication is circulated, or in the Franklin county	799
court of common pleas if legal publication is to be made by a	800
state agency. The court of common pleas shall appoint a mediator,	801
and the parties shall follow the procedures of the mediation	802
program operated by the court.	803

Sec. 7.16. (A) If a section of the Revised Code or an	804
administrative rule requires a state agency or a political	805
subdivision of the state to publish a notice or advertisement two	806
or more times in a newspaper of general circulation and the	807
section or administrative rule refers to this section, the first	808
publication of the notice or advertisement shall be made in its	809
entirety in a newspaper of general circulation and may be made in	810
a preprinted insert in the newspaper, but the second publication	811
otherwise required by that section or administrative rule may be	812
made in abbreviated form in a newspaper of general circulation in	813
the state or in the political subdivision, as designated in that	814
section or administrative rule, and on the newspaper's internet	815
web site, if the newspaper has one. The state agency or political	816
subdivision may eliminate any further newspaper publications	817
required by that section or administrative rule, provided that the	818
second, abbreviated notice or advertisement meets all of the	819
following requirements:	820

(1) It is published in the newspaper of general circulation	821
in which the first publication of the notice or advertisement was	822
made and is published on that newspaper's internet web site, if	823
the newspaper has one.	824

(2) It includes a title, followed by a summary paragraph or	825
statement that clearly describes the specific purpose of the	826
notice or advertisement, and includes a statement that the notice	827
or advertisement is posted in its entirety on the state public	828
notice web site established under section 125.182 of the Revised	829
Code. The notice or advertisement also may be posted on the state	830
agency's or political subdivision's internet web site.	831

(3) It includes the internet addresses of the state public	832
notice web site, and of the newspaper's and state agency's or	833
political subdivision's internet web site if the notice or	834
advertisement is posted on those web sites, and the name, address,	835
telephone number, and electronic mail address of the state agency,	836
political subdivision, or other party responsible for publication	837
of the notice or advertisement.	838

(B) A notice or advertisement published under this section on	839
an internet web site shall be published in its entirety in	840
accordance with the section of the Revised Code or the	841
administrative rule that requires the publication.	842

(C) If a state agency or political subdivision does not	843
operate and maintain, or ceases to operate and maintain, an	844
internet web site, and if the state public notice web site	845
established under section 125.182 of the Revised Code is not	846
operational, the state agency or political subdivision shall not	847
publish a notice or advertisement under this section, but instead	848
shall comply with the publication requirements of the section of	849
the Revised Code or the administrative rule that refers to this	850
section.	851

Sec. 9.03. (A) As used in this section, "political	852
subdivision" means any body corporate and politic, except a	853
municipal corporation that has adopted a charter under Section 7	854
of Article XVIII, Ohio Constitution, and except a county that has	855
adopted a charter under Sections 3 and 4 of Article X, Ohio	856
Constitution, to which both of the following apply:	857

(1) It is responsible for governmental activities only in a	858
geographic area smaller than the state.	859

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

860

(B) Except as otherwise provided in division (C) of this	861
section, the governing body of a political subdivision may use	862
public funds to publish and distribute newsletters, or to use any	863
other means, to communicate information about the plans, policies,	864
and operations of the political subdivision to members of the	865
public within the political subdivision and to other persons who	866
may be affected by the political subdivision.	867

(C) Except as otherwise provided in division (A)~~(7)~~(6) of	868
section 340.03 or division (A)(12) of section 340.033 of the	869
Revised Code, no governing body of a political subdivision shall	870
use public funds to do any of the following:	871

(1) Publish, distribute, or otherwise communicate information	872
that does any of the following:	873

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

874

(b) Promotes alcoholic beverages, cigarettes or other tobacco	875
products, or any illegal product, service, or activity;	876

(c) Promotes illegal discrimination on the basis of race,	877
color, religion, national origin, handicap, age, or ancestry;	878

(d) Supports or opposes any labor organization or any action	879
by, on behalf of, or against any labor organization;	880

(e) Supports or opposes the nomination or election of a	881
candidate for public office, the investigation, prosecution, or	882
recall of a public official, or the passage of a levy or bond	883
issue.	884

(2) Compensate any employee of the political subdivision for	885
time spent on any activity to influence the outcome of an election	886
for any of the purposes described in division (C)(1)(e) of this	887
section. Division (C)(2) of this section does not prohibit the use	888
of public funds to compensate an employee of a political	889
subdivision for attending a public meeting to present information	890
about the political subdivision's finances, activities, and	891
governmental actions in a manner that is not designed to influence	892
the outcome of an election or the passage of a levy or bond issue,	893
even though the election, levy, or bond issue is discussed or	894
debated at the meeting.	895

(D) Nothing in this section prohibits or restricts any	896
political subdivision from sponsoring, participating in, or doing	897
any of the following:	898

(1) Charitable or public service advertising that is not	899
commercial in nature;	900

(2) Advertising of exhibitions, performances, programs,	901
products, or services that are provided by employees of a	902
political subdivision or are provided at or through premises owned	903
or operated by a political subdivision;	904

(3) Licensing an interest in a name or mark that is owned or	905
controlled by the political subdivision.	906

(E) As used in this section, "cigarettes" and "tobacco	907
product" have the same meanings as in section 5743.01 of the	908
Revised Code.	909

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

910

(1) "Nontherapeutic abortion" means an abortion that is	911
performed or induced when the life of the mother would not be	912
endangered if the fetus were carried to term or when the pregnancy	913
of the mother was not the result of rape or incest reported to a	914
law enforcement agency.	915

(2) "Policy, contract, or plan" means a policy, contract, or	916
plan of one or more insurance companies, medical care	917
corporations, health care corporations, health maintenance	918
organizations, preferred provider organizations, or other entities	919
that provides health, medical, hospital, or surgical coverage,	920
benefits, or services to elected or appointed officers or	921
employees of the state~~, including~~or any political subdivision	922
thereof. "Policy, contract, or plan" includes a plan that is	923
associated with a self-insurance program and a policy, contract,	924
or plan that implements a collective bargaining agreement.	925

(3) "Political subdivision" means any body corporate and	926
politic that is responsible for governmental activities in a	927
geographic area smaller than the state, except that "political	928
subdivision" does not include either of the following:	929

(a) A municipal corporation;

930

(b) A county that has adopted a charter under Section 3 of	931
Article X, Ohio Constitution, to the extent that it is exercising	932
the powers of local self-government as provided in that charter	933
and is subject to Section 3 of Article XVIII, Ohio Constitution.	934

(4) "State" ~~has the same meaning as in section 2744.01 of the~~	935
~~Revised Code~~means the state of Ohio, including the general	936
assembly, the supreme court, the offices of all elected state	937
officers, and all departments, boards, offices, commissions,	938
agencies, colleges and universities, institutions, and other	939
instrumentalities of the state of Ohio. "State" does not include	940
political subdivisions.	941

(B) Subject to division (C) of this section, but	942
notwithstanding other provisions of the Revised Code that conflict	943
with the prohibition specified in this division, funds of the	944
state or any political subdivision thereof shall not be expended	945
directly or indirectly to pay the costs, premiums, or charges	946
associated with a policy, contract, or plan if the policy,	947
contract, or plan provides coverage, benefits, or services related	948
to a nontherapeutic abortion.	949

(C) Division (B) of this section does not preclude the state	950
or any political subdivision thereof from expending funds to pay	951
the costs, premiums, or charges associated with a policy,	952
contract, or plan that includes a rider or other provision offered	953
on an individual basis under which an elected or appointed	954
official or employee who accepts the offer of the rider or	955
provision may obtain coverage of a nontherapeutic abortion through	956
the policy, contract, or plan if the individual pays for all of	957
the costs, premiums, or charges associated with the rider or	958
provision, including all administrative expenses related to the	959
rider or provision and any claim made for a nontherapeutic	960
abortion.	961

(D) In addition to the laws specified in division (A) of	962
section 4117.10 of the Revised Code that prevail over conflicting	963
provisions of agreements between employee organizations and public	964
employers, divisions (B) and (C) of this section shall prevail	965
over conflicting provisions of that nature.	966

Sec. 9.06. (A)(1) The department of rehabilitation and	967
correction may contract for the private operation and management	968
pursuant to this section of the initial intensive program prison	969
established pursuant to section 5120.033 of the Revised Code, if	970
one or more intensive program prisons are established under that	971
section, and may contract for the private operation and management	972
of any other facility under this section. Counties and municipal	973
corporations to the extent authorized in sections 307.93, 341.35,	974
753.03, and 753.15 of the Revised Code may contract for the	975
private operation and management of a facility under this section.	976
A contract entered into under this section shall be for an initial	977
term ~~of not more than two years~~specified in the contract with an	978
option to renew for additional periods of two years.	979

(2) The department of rehabilitation and correction, by rule,	980
shall adopt minimum criteria and specifications that a person or	981
entity, other than a person or entity that satisfies the criteria	982
set forth in division (A)(3)(a) of this section and subject to	983
division (I) of this section, must satisfy in order to apply to	984
operate and manage as a contractor pursuant to this section the	985
initial intensive program prison established pursuant to section	986
5120.033 of the Revised Code, if one or more intensive program	987
prisons are established under that section.	988

(3) Subject to division (I) of this section, any person or	989
entity that applies to operate and manage a facility as a	990
contractor pursuant to this section shall satisfy one or more of	991
the following criteria:	992

(a) The person or entity ~~is accredited by the American~~	993
~~correctional association and~~, at the time of the application,	994
operates and manages one or more facilities accredited by the	995
American correctional association.	996

(b) The person or entity satisfies all of the minimum	997
criteria and specifications adopted by the department of	998
rehabilitation and correction pursuant to division (A)(2) of this	999
section, provided that this alternative shall be available only in	1000
relation to the initial intensive program prison established	1001
pursuant to section 5120.033 of the Revised Code, if one or more	1002
intensive program prisons are established under that section.	1003

(4) Subject to division (I) of this section, before a public	1004
entity may enter into a contract under this section, the	1005
contractor shall convincingly demonstrate to the public entity	1006
that it can operate the facility with the inmate capacity required	1007
by the public entity and provide the services required in this	1008
section and realize at least a five per cent savings over the	1009
projected cost to the public entity of providing these same	1010
services to operate the facility that is the subject of the	1011
contract. No out-of-state prisoners may be housed in any facility	1012
that is the subject of a contract entered into under this section.	1013

(B) Subject to division (I) of this section, any contract	1014
entered into under this section shall include all of the	1015
following:	1016

(1) A requirement that ~~the contractor retain the contractor's~~	1017
~~accreditation from the American correctional association~~	1018
~~throughout the contract term or~~, if the contractor applied	1019
pursuant to division (A)(3)(b) of this section, the contractor	1020
continue complying with the applicable criteria and specifications	1021
adopted by the department of rehabilitation and correction	1022
pursuant to division (A)(2) of this section;	1023

(2) A requirement that all of the following conditions be	1024
met:	1025

(a) The contractor begins the process of accrediting the	1026
facility with the American correctional association no later than	1027
sixty days after the facility receives its first inmate.	1028

(b) The contractor receives accreditation of the facility	1029
within twelve months after the date the contractor applies to the	1030
American correctional association for accreditation.	1031

(c) Once the accreditation is received, the contractor	1032
maintains it for the duration of the contract term.	1033

(d) If the contractor does not comply with divisions	1034
(B)(2)(a) to (c) of this section, the contractor is in violation	1035
of the contract, and the public entity may revoke the contract at	1036
its discretion.	1037

(3) A requirement that the contractor comply with all rules	1038
promulgated by the department of rehabilitation and correction	1039
that apply to the operation and management of correctional	1040
facilities, including the minimum standards for jails in Ohio and	1041
policies regarding the use of force and the use of deadly force,	1042
although the public entity may require more stringent standards,	1043
and comply with any applicable laws, rules, or regulations of the	1044
federal, state, and local governments, including, but not limited	1045
to, sanitation, food service, safety, and health regulations. The	1046
contractor shall be required to send copies of reports of	1047
inspections completed by the appropriate authorities regarding	1048
compliance with rules and regulations to the director of	1049
rehabilitation and correction or the director's designee and, if	1050
contracting with a local public entity, to the governing authority	1051
of that entity.	1052

(4) A requirement that the contractor report for	1053
investigation all crimes in connection with the facility to the	1054
public entity, to all local law enforcement agencies with	1055
jurisdiction over the place at which the facility is located, and,	1056
for a crime committed at a state correctional institution, to the	1057
state highway patrol;	1058

(5) A requirement that the contractor immediately report all	1059
escapes from the facility, and the apprehension of all escapees,	1060
by telephone and in writing to all local law enforcement agencies	1061
with jurisdiction over the place at which the facility is located,	1062
to the prosecuting attorney of the county in which the facility is	1063
located, to the state highway patrol, to a daily newspaper having	1064
general circulation in the county in which the facility is	1065
located, and, if the facility is a state correctional institution,	1066
to the department of rehabilitation and correction. The written	1067
notice may be by either facsimile transmission or mail. A failure	1068
to comply with this requirement regarding an escape is a violation	1069
of section 2921.22 of the Revised Code.	1070

(6) A requirement that, if the facility is a state	1071
correctional institution, the contractor provide a written report	1072
within specified time limits to the director of rehabilitation and	1073
correction or the director's designee of all unusual incidents at	1074
the facility as defined in rules promulgated by the department of	1075
rehabilitation and correction or, if the facility is a local	1076
correctional institution, that the contractor provide a written	1077
report of all unusual incidents at the facility to the governing	1078
authority of the local public entity;	1079

(7) A requirement that the contractor maintain proper control	1080
of inmates' personal funds pursuant to rules promulgated by the	1081
department of rehabilitation and correction for state correctional	1082
institutions or pursuant to the minimum standards for jails along	1083
with any additional standards established by the local public	1084
entity for local correctional institutions and that records	1085
pertaining to these funds be made available to representatives of	1086
the public entity for review or audit;	1087

(8) A requirement that the contractor prepare and distribute	1088
to the director of rehabilitation and correction or, if	1089
contracting with a local public entity, to the governing authority	1090
of the local entity annual budget income and expenditure	1091
statements and funding source financial reports;	1092

(9) A requirement that the public entity appoint and	1093
supervise a full-time contract monitor, that the contractor	1094
provide suitable office space for the contract monitor at the	1095
facility, and that the contractor allow the contract monitor	1096
unrestricted access to all parts of the facility and all records	1097
of the facility except the contractor's financial records;	1098

(10) A requirement that if the facility is a state	1099
correctional institution designated department of rehabilitation	1100
and correction staff members be allowed access to the facility in	1101
accordance with rules promulgated by the department;	1102

(11) A requirement that the contractor provide internal and	1103
perimeter security as agreed upon in the contract;	1104

(12) If the facility is a state correctional institution, a	1105
requirement that the contractor impose discipline on inmates	1106
housed in ~~a state correctional institution~~the facility only in	1107
accordance with rules promulgated by the department of	1108
rehabilitation and correction;	1109

(13) A requirement that the facility be staffed at all times	1110
with a staffing pattern approved by the public entity and adequate	1111
both to ensure supervision of inmates and maintenance of security	1112
within the facility and to provide for programs, transportation,	1113
security, and other operational needs. In determining security	1114
needs, the contractor shall be required to consider, among other	1115
things, the proximity of the facility to neighborhoods and	1116
schools.	1117

(14) If the contract is with a local public entity, a	1118
requirement that the contractor provide services and programs,	1119
consistent with the minimum standards for jails promulgated by the	1120
department of rehabilitation and correction under section 5120.10	1121
of the Revised Code;	1122

(15) A clear statement that no immunity from liability	1123
granted to the state, and no immunity from liability granted to	1124
political subdivisions under Chapter 2744. of the Revised Code,	1125
shall extend to the contractor or any of the contractor's	1126
employees;	1127

(16) A statement that all documents and records relevant to	1128
the facility shall be maintained in the same manner required for,	1129
and subject to the same laws, rules, and regulations as apply to,	1130
the records of the public entity;	1131

(17) Authorization for the public entity to impose a fine on	1132
the contractor from a schedule of fines included in the contract	1133
for the contractor's failure to perform its contractual duties or	1134
to cancel the contract, as the public entity considers	1135
appropriate. If a fine is imposed, the public entity may reduce	1136
the payment owed to the contractor pursuant to any invoice in the	1137
amount of the imposed fine.	1138

(18) A statement that all services provided or goods produced	1139
at the facility shall be subject to the same regulations, and the	1140
same distribution limitations, as apply to goods and services	1141
produced at other correctional institutions;	1142

(19) ~~Authorization~~If the facility is a state correctional	1143
institution, authorization for the department to establish one or	1144
more prison industries at athe facility ~~operated and managed by a~~	1145
~~contractor for the department~~;	1146

(20) A requirement that, if the facility is an intensive	1147
program prison established pursuant to section 5120.033 of the	1148
Revised Code, the facility shall comply with all criteria for	1149
intensive program prisons of that type that are set forth in that	1150
section;	1151

(21) If the ~~institution~~facility is a state correctional	1152
institution, a requirement that the contractor provide clothing	1153
for all inmates housed in the facility that is conspicuous in its	1154
color, style, or color and style, that conspicuously identifies	1155
its wearer as an inmate, and that is readily distinguishable from	1156
clothing of a nature that normally is worn outside the facility by	1157
non-inmates, that the contractor require all inmates housed in the	1158
facility to wear the clothing so provided, and that the contractor	1159
not permit any inmate, while inside or on the premises of the	1160
facility or while being transported to or from the facility, to	1161
wear any clothing of a nature that does not conspicuously identify	1162
its wearer as an inmate and that normally is worn outside the	1163
facility by non-inmates.	1164

(C) No contract entered into under this section may require,	1165
authorize, or imply a delegation of the authority or	1166
responsibility of the public entity to a contractor for any of the	1167
following:	1168

(1) Developing or implementing procedures for calculating	1169
inmate release and parole eligibility dates and recommending the	1170
granting or denying of parole, although the contractor may submit	1171
written reports that have been prepared in the ordinary course of	1172
business;	1173

(2) Developing or implementing procedures for calculating and	1174
awarding earned credits, approving the type of work inmates may	1175
perform and the wage or earned credits, if any, that may be	1176
awarded to inmates engaging in that work, and granting, denying,	1177
or revoking earned credits;	1178

(3) For inmates serving a term imposed for a felony offense	1179
committed prior to July 1, 1996, or for a misdemeanor offense,	1180
developing or implementing procedures for calculating and awarding	1181
good time, approving the good time, if any, that may be awarded to	1182
inmates engaging in work, and granting, denying, or revoking good	1183
time;	1184

(4) Classifying an inmate or placing an inmate in a more or a	1185
less restrictive custody than the custody ordered by the public	1186
entity;	1187

(5) Approving inmates for work release;

1188

(6) Contracting for local or long distance telephone services	1189
for inmates or receiving commissions from those services at a	1190
facility that is owned by or operated under a contract with the	1191
department.	1192

(D) A contractor that has been approved to operate a facility	1193
under this section, and a person or entity that enters into a	1194
contract for specialized services, as described in division (I) of	1195
this section, relative to an intensive program prison established	1196
pursuant to section 5120.033 of the Revised Code to be operated by	1197
a contractor that has been approved to operate the prison under	1198
this section, shall provide an adequate policy of insurance	1199
specifically including, but not limited to, insurance for civil	1200
rights claims as determined by a risk management or actuarial firm	1201
with demonstrated experience in public liability for state	1202
governments. The insurance policy shall provide that the state,	1203
including all state agencies, and all political subdivisions of	1204
the state with jurisdiction over the facility or in which a	1205
facility is located are named as insured, and that the state and	1206
its political subdivisions shall be sent any notice of	1207
cancellation. The contractor may not self-insure.	1208

A contractor that has been approved to operate a facility	1209
under this section, and a person or entity that enters into a	1210
contract for specialized services, as described in division (I) of	1211
this section, relative to an intensive program prison established	1212
pursuant to section 5120.033 of the Revised Code to be operated by	1213
a contractor that has been approved to operate the prison under	1214
this section, shall indemnify and hold harmless the state, its	1215
officers, agents, and employees, and any local government entity	1216
in the state having jurisdiction over the facility or ownership of	1217
the facility, shall reimburse the state for its costs in defending	1218
the state or any of its officers, agents, or employees, and shall	1219
reimburse any local government entity of that nature for its costs	1220
in defending the local government entity, from all of the	1221
following:	1222

(1) Any claims or losses for services rendered by the	1223
contractor, person, or entity performing or supplying services in	1224
connection with the performance of the contract;	1225

(2) Any failure of the contractor, person, or entity or its	1226
officers or employees to adhere to the laws, rules, regulations,	1227
or terms agreed to in the contract;	1228

(3) Any constitutional, federal, state, or civil rights claim	1229
brought against the state related to the facility operated and	1230
managed by the contractor;	1231

(4) Any claims, losses, demands, or causes of action arising	1232
out of the contractor's, person's, or entity's activities in this	1233
state;	1234

(5) Any attorney's fees or court costs arising from any	1235
habeas corpus actions or other inmate suits that may arise from	1236
any event that occurred at the facility or was a result of such an	1237
event, or arise over the conditions, management, or operation of	1238
the facility, which fees and costs shall include, but not be	1239
limited to, attorney's fees for the state's representation and for	1240
any court-appointed representation of any inmate, and the costs of	1241
any special judge who may be appointed to hear those actions or	1242
suits.	1243

(E) Private correctional officers of a contractor operating	1244
and managing a facility pursuant to a contract entered into under	1245
this section may carry and use firearms in the course of their	1246
employment only after being certified as satisfactorily completing	1247
an approved training program as described in division (A) of	1248
section 109.78 of the Revised Code.	1249

(F) Upon notification by the contractor of an escape from, or	1250
of a disturbance at, the facility that is the subject of a	1251
contract entered into under this section, the department of	1252
rehabilitation and correction and state and local law enforcement	1253
agencies shall use all reasonable means to recapture escapees or	1254
quell any disturbance. Any cost incurred by the state or its	1255
political subdivisions relating to the apprehension of an escapee	1256
or the quelling of a disturbance at the facility shall be	1257
chargeable to and borne by the contractor. The contractor shall	1258
also reimburse the state or its political subdivisions for all	1259
reasonable costs incurred relating to the temporary detention of	1260
the escapee following recapture.	1261

(G) Any offense that would be a crime if committed at a state	1262
correctional institution or jail, workhouse, prison, or other	1263
correctional facility shall be a crime if committed by or with	1264
regard to inmates at facilities operated pursuant to a contract	1265
entered into under this section.	1266

(H) A contractor operating and managing a facility pursuant	1267
to a contract entered into under this section shall pay any inmate	1268
workers at the facility at the rate approved by the public entity.	1269
Inmates working at the facility shall not be considered employees	1270
of the contractor.	1271

(I) In contracting for the private operation and management	1272
pursuant to division (A) of this section of any intensive program	1273
prison established pursuant to section 5120.033 of the Revised	1274
Code, the department of rehabilitation and correction may enter	1275
into a contract with a contractor for the general operation and	1276
management of the prison and may enter into one or more separate	1277
contracts with other persons or entities for the provision of	1278
specialized services for persons confined in the prison,	1279
including, but not limited to, security or training services or	1280
medical, counseling, educational, or similar treatment programs.	1281
If, pursuant to this division, the department enters into a	1282
contract with a contractor for the general operation and	1283
management of the prison and also enters into one or more	1284
specialized service contracts with other persons or entities, all	1285
of the following apply:	1286

(1) The contract for the general operation and management	1287
shall comply with all requirements and criteria set forth in this	1288
section, and all provisions of this section apply in relation to	1289
the prison operated and managed pursuant to the contract.	1290

(2) Divisions (A)(2), (B), and (C) of this section do not	1291
apply in relation to any specialized services contract, except to	1292
the extent that the provisions of those divisions clearly are	1293
relevant to the specialized services to be provided under the	1294
specialized services contract. Division (D) of this section	1295
applies in relation to each specialized services contract.	1296

(J) If, on or after the effective date of this amendment, a	1297
contractor enters into a contract with the department of	1298
rehabilitation and correction under this section for the operation	1299
and management of any facility described in Section 753.10 of the	1300
act in which this amendment was adopted, if the contract provides	1301
for the sale of the facility to the contractor, if the facility is	1302
sold to the contractor subsequent to the execution of the	1303
contract, and if the contractor is privately operating and	1304
managing the facility, notwithstanding the contractor's private	1305
operation and management of the facility, all of the following	1306
apply:	1307

(1) Except as expressly provided to the contrary in this	1308
section, the facility being privately operated and managed by the	1309
contractor shall be considered for purposes of the Revised Code as	1310
being under the control of, or under the jurisdiction of, the	1311
department of rehabilitation and correction.	1312

(2) Any reference in this section to "state correctional	1313
institution," any reference in Chapter 2967. of the Revised Code	1314
to "state correctional institution," other than the definition of	1315
that term set forth in section 2967.01 of the Revised Code, or to	1316
"prison," and any reference in Chapter 2929., 5120., 5145., 5147.,	1317
or 5149. or any other provision of the Revised Code to "state	1318
correctional institution" or "prison" shall be considered to	1319
include a reference to the facility being privately operated and	1320
managed by the contractor, unless the context makes the inclusion	1321
of that facility clearly inapplicable.	1322

(3) Upon the sale and conveyance of the facility, the	1323
facility shall be returned to the tax list and duplicate	1324
maintained by the county auditor, and the facility shall be	1325
subject to all real property taxes and assessments. No exemption	1326
from real property taxation pursuant to Chapter 5709. of the	1327
Revised Code shall apply to the facility conveyed. The gross	1328
receipts and income of the contractor to whom the facility is	1329
conveyed that are derived from operating and managing the facility	1330
under this section shall be subject to gross receipts and income	1331
taxes levied by the state and its subdivisions, including the	1332
taxes levied pursuant to Chapters 718., 5747., 5748., and 5751. of	1333
the Revised Code. Unless exempted under another section of the	1334
Revised Code, transactions involving a contractor as a consumer or	1335
purchaser are subject to any tax levied under Chapters 5739. and	1336
5741. of the Revised Code.	1337

(4) After the sale and conveyance of the facility, all of the	1338
following apply:	1339

(a) Before the contractor may resell or otherwise transfer	1340
the facility and the real property on which it is situated, any	1341
surrounding land that also was transferred under the contract, or	1342
both the facility and real property on which it is situated plus	1343
the surrounding land that was transferred under the contract, the	1344
contractor first must offer the state the opportunity to	1345
repurchase the facility, real property, and surrounding land that	1346
is to be resold or transferred and must sell the facility, real	1347
property, and surrounding land to the state if the state so	1348
desires, pursuant to and in accordance with the repurchase clause	1349
included in the contract.	1350

(b) Upon the default by the contractor of any financial	1351
agreement for the purchase of the facility and the real property	1352
on which it is situated, any surrounding land that also was	1353
transferred under the contract, or both the facility and real	1354
property on which it is situated plus the surrounding land that	1355
was transferred under the contract, upon the default by the	1356
contractor of any other term in the contract, or upon the	1357
financial insolvency of the contractor or inability of the	1358
contractor to meet its contractual obligations, the state may	1359
repurchase the facility, real property, and surrounding land, if	1360
the state so desires, pursuant to and in accordance with the	1361
repurchase clause included in the contract.	1362

(K) Any action asserting that section 9.06 of the Revised	1363
Code or section 753.10 of the act in which this amendment was	1364
adopted violates any provision of the Ohio constitution and any	1365
claim asserting that any action taken by the governor or the	1366
department of administrative services or the department of	1367
rehabilitation and correction pursuant to section 9.06 of the	1368
Revised Code or section 753.10 of the act in which this amendment	1369
was adopted violates any provision of the Ohio constitution or any	1370
provision of the Revised Code shall be brought in the court of	1371
common pleas of Franklin county. The court shall give any action	1372
filed pursuant to this division priority over all other civil	1373
cases pending on its docket and expeditiously make a determination	1374
on the claim. If an appeal is taken from any final order issued in	1375
a case brought pursuant to this division, the court of appeals	1376
shall give the case priority over all other civil cases pending on	1377
its docket and expeditiously make a determination on the appeal.	1378

(L) As used in this section:

1379

(1) "Public entity" means the department of rehabilitation	1380
and correction, or a county or municipal corporation or a	1381
combination of counties and municipal corporations, that has	1382
jurisdiction over a facility that is the subject of a contract	1383
entered into under this section.	1384

(2) "Local public entity" means a county or municipal	1385
corporation, or a combination of counties and municipal	1386
corporations, that has jurisdiction over a jail, workhouse, or	1387
other correctional facility used only for misdemeanants that is	1388
the subject of a contract entered into under this section.	1389

(3) "Governing authority of a local public entity" means, for	1390
a county, the board of county commissioners; for a municipal	1391
corporation, the legislative authority; for a combination of	1392
counties and municipal corporations, all the boards of county	1393
commissioners and municipal legislative authorities that joined to	1394
create the facility.	1395

(4) "Contractor" means a person or entity that enters into a	1396
contract under this section to operate and manage a jail,	1397
workhouse, or other correctional facility.	1398

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

1399

(a) The specific county, multicounty, municipal,	1400
municipal-county, or multicounty-municipal jail, workhouse,	1401
prison, or other type of correctional institution or facility used	1402
only for misdemeanants~~, or a~~that is the subject of a contract	1403
entered into under this section;	1404

(b) Any state correctional institution, that is the subject	1405
of a contract entered into under this section, including any	1406
facility described in Section 753.10 of the act in which this	1407
amendment was adopted at any time prior to or after any sale to a	1408
contractor of the state's right, title, and interest in the	1409
facility, the land situated thereon, and specified surrounding	1410
land.	1411

(6) "Person or entity" in the case of a contract for the	1412
private operation and management of a state correctional	1413
institution, includes an employee organization, as defined in	1414
section 4117.01 of the Revised Code, that represents employees at	1415
state correctional institutions.	1416

Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of	1417
this section, a governmental entity shall not disburse money	1418
totaling twenty-five thousand dollars or more to any person for	1419
the provision of services for the primary benefit of individuals	1420
or the public and not for the primary benefit of a governmental	1421
entity or the employees of a governmental entity, unless the	1422
contracting authority of the governmental entity first enters into	1423
a written contract with the person that is signed by the person or	1424
by an officer or agent of the person authorized to legally bind	1425
the person and that embodies all of the requirements and	1426
conditions set forth in sections 9.23 to 9.236 of the Revised	1427
Code. If the disbursement of money occurs over the course of a	1428
governmental entity's fiscal year, rather than in a lump sum, the	1429
contracting authority of the governmental entity shall enter into	1430
the written contract with the person at the point during the	1431
governmental entity's fiscal year that at least seventy-five	1432
thousand dollars has been disbursed by the governmental entity to	1433
the person. Thereafter, the contracting authority of the	1434
governmental entity shall enter into the written contract with the	1435
person at the beginning of the governmental entity's fiscal year,	1436
if, during the immediately preceding fiscal year, the governmental	1437
entity disbursed to that person an aggregate amount totaling at	1438
least seventy-five thousand dollars.	1439

(2) If the money referred to in division (A)(1) of this	1440
section is disbursed by or through more than one state agency to	1441
the person for the provision of services to the same population,	1442
the contracting authorities of those agencies shall determine	1443
which one of them will enter into the written contract with the	1444
person.	1445

(3) The requirements and conditions set forth in divisions	1446
(A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2)	1447
and (B) of section 9.234, divisions (A)(2) and (B) of section	1448
9.235, and sections 9.233 and 9.236 of the Revised Code do not	1449
apply with respect to the following:	1450

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

1451

(i) The amount received for the services is a set fee for	1452
each time the services are provided, is determined in accordance	1453
with a fixed rate per unit of time or per service, or is a	1454
capitated rate, and the fee or rate is established by competitive	1455
bidding or by a market rate survey of similar services provided in	1456
a defined market area. The market rate survey may be one conducted	1457
by or on behalf of the governmental entity or an independent	1458
survey accepted by the governmental entity as statistically valid	1459
and reliable.	1460

(ii) The services are provided in accordance with standards	1461
established by state or federal law, or by rules or regulations	1462
adopted thereunder, for their delivery, which standards are	1463
enforced by the federal government, a governmental entity, or an	1464
accrediting organization recognized by the federal government or a	1465
governmental entity.	1466

(iii) Payment for the services is made after the services are	1467
delivered and upon submission to the governmental entity of an	1468
invoice or other claim for payment as required by any applicable	1469
local, state, or federal law or, if no such law applies, by the	1470
terms of the contract.	1471

(b) Contracts under which the services are reimbursed through	1472
or in a manner consistent with a federal program that meets all of	1473
the following requirements:	1474

(i) The program calculates the reimbursement rate on the	1475
basis of the previous year's experience or in accordance with an	1476
alternative method set forth in rules adopted by the Ohio	1477
department of job and family services.	1478

(ii) The reimbursement rate is derived from a breakdown of	1479
direct and indirect costs.	1480

(iii) The program's guidelines describe types of expenditures	1481
that are allowable and not allowable under the program and	1482
delineate which costs are acceptable as direct costs for purposes	1483
of calculating the reimbursement rate.	1484

(iv) The program includes a uniform cost reporting system	1485
with specific audit requirements.	1486

(c) Contracts under which the services are reimbursed through	1487
or in a manner consistent with a federal program that calculates	1488
the reimbursement rate on a fee for service basis in compliance	1489
with United States office of management and budget Circular A-87,	1490
as revised May 10, 2004.	1491

(d) Contracts for services that are paid pursuant to the	1492
earmarking of an appropriation made by the general assembly for	1493
that purpose.	1494

(B) Division (A) of this section does not apply if the money	1495
is disbursed to a person pursuant to a contract with the United	1496
States or a governmental entity under any of the following	1497
circumstances:	1498

(1) The person receives the money directly or indirectly from	1499
the United States, and no governmental entity exercises any	1500
oversight or control over the use of the money.	1501

(2) The person receives the money solely in return for the	1502
performance of one or more of the following types of services:	1503

(a) Medical, therapeutic, or other health-related services	1504
provided by a person if the amount received is a set fee for each	1505
time the person provides the services, is determined in accordance	1506
with a fixed rate per unit of time, or is a capitated rate, and	1507
the fee or rate is reasonable and customary in the person's trade	1508
or profession;	1509

(b) Medicaid-funded services, including administrative and	1510
management services, provided pursuant to a contract or medicaid	1511
provider agreement that meets the requirements of the medicaid	1512
program established under Chapter 5111. of the Revised Code.	1513

(c) Services, other than administrative or management	1514
services or any of the services described in division (B)(2)(a) or	1515
(b) of this section, that are commonly purchased by the public at	1516
an hourly rate or at a set fee for each time the services are	1517
provided, unless the services are performed for the benefit of	1518
children, persons who are eligible for the services by reason of	1519
advanced age, medical condition, or financial need, or persons who	1520
are confined in a detention facility as defined in section 2921.01	1521
of the Revised Code, and the services are intended to help promote	1522
the health, safety, or welfare of those children or persons;	1523

(d) Educational services provided by a school to children	1524
eligible to attend that school. For purposes of division (B)(2)(d)	1525
of this section, "school" means any school operated by a school	1526
district board of education, any community school established	1527
under Chapter 3314. of the Revised Code, or any nonpublic school	1528
for which the state board of education prescribes minimum	1529
education standards under section 3301.07 of the Revised Code.	1530

(e) Services provided by a foster home as defined in section	1531
5103.02 of the Revised Code;	1532

(f) "Routine business services other than administrative or	1533
management services," as that term is defined by the attorney	1534
general by rule adopted in accordance with Chapter 119. of the	1535
Revised Code;	1536

(g) Services to protect the environment or promote	1537
environmental education that are provided by a nonprofit entity or	1538
services to protect the environment that are funded with federal	1539
grants or revolving loan funds and administered in accordance with	1540
federal law;	1541

~~(h) Services, including administrative and management~~	1542
~~services, provided under the children's buy-in program established~~	1543
~~under sections 5101.5211 to 5101.5216 of the Revised Code~~.	1544

(3) The person receives the money solely in return for the	1545
performance of services intended to help preserve public health or	1546
safety under circumstances requiring immediate action as a result	1547
of a natural or man-made emergency.	1548

(C) With respect to a nonprofit association, corporation, or	1549
organization established for the purpose of providing educational,	1550
technical, consulting, training, financial, or other services to	1551
its members in exchange for membership dues and other fees, any of	1552
the services provided to a member that is a governmental entity	1553
shall, for purposes of this section, be considered services "for	1554
the primary benefit of a governmental entity or the employees of a	1555
governmental entity.	1556

Sec. 9.24. (A) Except as may be allowed under division (F) of	1557
this section, no state agency and no political subdivision shall	1558
award a contract as described in division (G)(1) of this section	1559
for goods, services, or construction, paid for in whole or in part	1560
with state funds, to a person against whom a finding for recovery	1561
has been issued by the auditor of state on and after January 1,	1562
2001, if the finding for recovery is unresolved.	1563

A contract is considered to be awarded when it is entered	1564
into or executed, irrespective of whether the parties to the	1565
contract have exchanged any money.	1566

(B) For purposes of this section, a finding for recovery is	1567
unresolved unless one of the following criteria applies:	1568

(1) The money identified in the finding for recovery is paid	1569
in full to the state agency or political subdivision to whom the	1570
money was owed;	1571

(2) The debtor has entered into a repayment plan that is	1572
approved by the attorney general and the state agency or political	1573
subdivision to whom the money identified in the finding for	1574
recovery is owed. A repayment plan may include a provision	1575
permitting a state agency or political subdivision to withhold	1576
payment to a debtor for goods, services, or construction provided	1577
to or for the state agency or political subdivision pursuant to a	1578
contract that is entered into with the debtor after the date the	1579
finding for recovery was issued.	1580

(3) The attorney general waives a repayment plan described in	1581
division (B)(2) of this section for good cause;	1582

(4) The debtor and state agency or political subdivision to	1583
whom the money identified in the finding for recovery is owed have	1584
agreed to a payment plan established through an enforceable	1585
settlement agreement.	1586

(5) The state agency or political subdivision desiring to	1587
enter into a contract with a debtor certifies, and the attorney	1588
general concurs, that all of the following are true:	1589

(a) Essential services the state agency or political	1590
subdivision is seeking to obtain from the debtor cannot be	1591
provided by any other person besides the debtor;	1592

(b) Awarding a contract to the debtor for the essential	1593
services described in division (B)(5)(a) of this section is in the	1594
best interest of the state;	1595

(c) Good faith efforts have been made to collect the money	1596
identified in the finding of recovery.	1597

(6) The debtor has commenced an action to contest the finding	1598
for recovery and a final determination on the action has not yet	1599
been reached.	1600

(C) The attorney general shall submit an initial report to	1601
the auditor of state, not later than December 1, 2003, indicating	1602
the status of collection for all findings for recovery issued by	1603
the auditor of state for calendar years 2001, 2002, and 2003.	1604
Beginning on January 1, 2004, the attorney general shall submit to	1605
the auditor of state, on the first day of every January, April,	1606
July, and October, a list of all findings for recovery that have	1607
been resolved in accordance with division (B) of this section	1608
during the calendar quarter preceding the submission of the list	1609
and a description of the means of resolution. The attorney general	1610
shall notify the auditor of state when a judgment is issued	1611
against an entity described in division (F)(1) of this section.	1612

(D) The auditor of state shall maintain a database,	1613
accessible to the public, listing persons against whom an	1614
unresolved finding for recovery has been issued, and the amount of	1615
the money identified in the unresolved finding for recovery. The	1616
auditor of state shall have this database operational on or before	1617
January 1, 2004. The initial database shall contain the	1618
information required under this division for calendar years 2001,	1619
2002, and 2003.	1620

Beginning January 15, 2004, the auditor of state shall update	1621
the database by the fifteenth day of every January, April, July,	1622
and October to reflect resolved findings for recovery that are	1623
reported to the auditor of state by the attorney general on the	1624
first day of the same month pursuant to division (C) of this	1625
section.	1626

(E) Before awarding a contract as described in division	1627
(G)(1) of this section for goods, services, or construction, paid	1628
for in whole or in part with state funds, a state agency or	1629
political subdivision shall verify that the person to whom the	1630
state agency or political subdivision plans to award the contract	1631
has no unresolved finding for recovery issued against the person.	1632
A state agency or political subdivision shall verify that the	1633
person does not appear in the database described in division (D)	1634
of this section or shall obtain other proof that the person has no	1635
unresolved finding for recovery issued against the person.	1636

(F) The prohibition of division (A) of this section and the	1637
requirement of division (E) of this section do not apply with	1638
respect to the companies, payments, or agreements described in	1639
divisions (F)(1) and (2) of this section, or in the circumstance	1640
described in division (F)(3) of this section.	1641

(1) A bonding company or a company authorized to transact the	1642
business of insurance in this state, a self-insurance pool, joint	1643
self-insurance pool, risk management program, or joint risk	1644
management program, unless a court has entered a final judgment	1645
against the company and the company has not yet satisfied the	1646
final judgment.	1647

(2) To medicaid provider agreements under Chapter 5111. of	1648
the Revised Code ~~or payments or provider agreements under the~~	1649
~~children's buy-in program established under sections 5101.5211 to~~	1650
~~5101.5216 of the Revised Code~~.	1651

(3) When federal law dictates that a specified entity provide	1652
the goods, services, or construction for which a contract is being	1653
awarded, regardless of whether that entity would otherwise be	1654
prohibited from entering into the contract pursuant to this	1655
section.	1656

(G)(1) This section applies only to contracts for goods,	1657
services, or construction that satisfy the criteria in either	1658
division (G)(1)(a) or (b) of this section. This section may apply	1659
to contracts for goods, services, or construction that satisfy the	1660
criteria in division (G)(1)(c) of this section, provided that the	1661
contracts also satisfy the criteria in either division (G)(1)(a)	1662
or (b) of this section.	1663

(a) The cost for the goods, services, or construction	1664
provided under the contract is estimated to exceed twenty-five	1665
thousand dollars.	1666

(b) The aggregate cost for the goods, services, or	1667
construction provided under multiple contracts entered into by the	1668
particular state agency and a single person or the particular	1669
political subdivision and a single person within the fiscal year	1670
preceding the fiscal year within which a contract is being entered	1671
into by that same state agency and the same single person or the	1672
same political subdivision and the same single person, exceeded	1673
fifty thousand dollars.	1674

(c) The contract is a renewal of a contract previously	1675
entered into and renewed pursuant to that preceding contract.	1676

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

1677

(H) As used in this section:

1678

(1) "State agency" has the same meaning as in section 9.66 of	1679
the Revised Code.	1680

(2) "Political subdivision" means a political subdivision as	1681
defined in section 9.82 of the Revised Code that has received more	1682
than fifty thousand dollars of state money in the current fiscal	1683
year or the preceding fiscal year.	1684

(3) "Finding for recovery" means a determination issued by	1685
the auditor of state, contained in a report the auditor of state	1686
gives to the attorney general pursuant to section 117.28 of the	1687
Revised Code, that public money has been illegally expended,	1688
public money has been collected but not been accounted for, public	1689
money is due but has not been collected, or public property has	1690
been converted or misappropriated.	1691

(4) "Debtor" means a person against whom a finding for	1692
recovery has been issued.	1693

(5) "Person" means the person named in the finding for	1694
recovery.	1695

(6) "State money" does not include funds the state receives	1696
from another source and passes through to a political subdivision.	1697

Sec. 9.33. As used in sections 9.33 to ~~9.333~~9.335 of the	1698
Revised Code:	1699

(A) "Construction manager" means a person with substantial	1700
discretion and authority to plan, coordinate, manage, and direct	1701
all phases of a project for the construction, demolition,	1702
alteration, repair, or reconstruction of any public building,	1703
structure, or other improvement, but does not mean the person who	1704
provides the professional design services or who actually performs	1705
the construction, demolition, alteration, repair, or	1706
reconstruction work on the project.	1707

(B)(1) "Construction manager at risk" means a person with	1708
substantial discretion and authority to plan, coordinate, manage,	1709
direct, and construct all phases of a project for the	1710
construction, demolition, alteration, repair, or reconstruction of	1711
any public building, structure, or other improvement and who	1712
provides the public owner a guaranteed maximum price as determined	1713
in section 9.334 of the Revised Code.	1714

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

1715

(a) "Construct" includes performing, or subcontracting for	1716
performing, construction, demolition, alteration, repair, or	1717
reconstruction;	1718

(b) "Manage" includes approving bidders and awarding	1719
subcontracts for furnishing materials regarding, or for	1720
performing, construction, demolition, alteration, repair, or	1721
reconstruction.	1722

(C) "Construction management contract" means a contract	1723
between a public owner and another person obligating the person to	1724
provide construction management services.	1725

(D) "Construction management services" or "management	1726
services" means the range of services that either a construction	1727
manager or a construction manager at risk may provide.	1728

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

1729

(1) Competence to perform the required management services as	1730
indicated by the technical training, education, and experience of	1731
the construction manager's or construction manager at risk's	1732
personnel, especially the technical training, education, and	1733
experience of the construction manager's or construction manager	1734
at risk's employees who would be assigned to perform the services;	1735

(2) Ability in terms of workload and the availability of	1736
qualified personnel, equipment, and facilities to perform the	1737
required management services competently and expeditiously;	1738

(3) Past performance as reflected by the evaluations of	1739
previous clients with respect to factors such as control of costs,	1740
quality of work, and meeting of deadlines;	1741

(4) Financial responsibility as evidenced by the capability	1742
to provide a letter of credit pursuant to Chapter 1305. of the	1743
Revised Code, a surety bond, certified check, or cashier's check	1744
in an amount equal to the value of the construction management	1745
contract, or by other means acceptable to the public owner;	1746

(5) Other similar factors.

1747

~~(C) "Public~~(F)(1) Except as otherwise provided in division	1748
(F)(2) of this section, "public owner" means the state, or any	1749
county, township, municipal corporation, school district, or other	1750
political subdivision, or any instrumentality or special purpose	1751
district of the state or a political subdivision.	1752

(2) In the context of a contract with a construction manager	1753
at risk, "public owner" means a state agency, state institution of	1754
higher education, or county.	1755

(G) "Open book pricing method" means a method in which a	1756
construction manager at risk provides the public owner, at the	1757
public owner's request, all books, records, documents, and other	1758
data in its possession pertaining to the bidding, pricing, or	1759
performance of a construction management contract awarded to the	1760
construction manager at risk.	1761

(H) "State agency" means every organized body, office, or	1762
agency established by the laws of the state for the exercise of	1763
any function of state government, except the Ohio turnpike	1764
commission and any special purpose district of the state.	1765

(I) "State institution of higher education" has the same	1766
meaning as in section 3345.011 of the Revised Code.	1767

Sec. 9.331. (A) Before entering into a contract to employ a	1768
construction manager or construction manager at risk, a public	1769
owner shall advertise, in a newspaper of general circulation in	1770
the county where the contract is to be performed, notice of its	1771
intent to employ a construction manager or construction manager at	1772
risk. The notice of intent may also be advertised by electronic	1773
means pursuant to rules adopted by the director of administrative	1774
services. The notice shall invite interested parties to submit	1775
proposals for consideration and shall be published at least thirty	1776
days prior to the date for accepting the proposals. The public	1777
owner also may advertise the information contained in the notice	1778
in appropriate trade journals and otherwise notify persons	1779
believed to be interested in employment as a construction manager	1780
or construction manager at risk.	1781

(B) The advertisement shall include a general description of	1782
the project, a statement of the specific management services	1783
required, and a description of the qualifications required for the	1784
project.	1785

Sec. 9.332. ~~For every construction management contract, the~~	1786
Every public owner planning to contract for construction	1787
management services with a construction manager shall evaluate the	1788
proposals submitted and may hold discussions with individual	1789
construction managers to explore further their proposals, the	1790
scope and nature of the services they would provide, and the	1791
various technical approaches they may take regarding the project.	1792
Following this evaluation, the public owner shall:	1793

(A) Select and rank no fewer than three construction managers	1794
that it considers to be the most qualified to provide the required	1795
construction management services, except when the public owner	1796
determines in writing that fewer than three qualified construction	1797
managers are available in which case it shall select and rank	1798
them;	1799

(B) Negotiate a contract with the construction manager ranked	1800
most qualified to perform the required services at a compensation	1801
determined in writing to be fair and reasonable. Contract	1802
negotiations shall be directed toward:	1803

(1) Ensuring that the construction manager and the public	1804
owner have a mutual understanding of the essential requirements	1805
involved in providing the required services;	1806

(2) Determining that the construction manager will make	1807
available the necessary personnel, equipment, and facilities to	1808
perform the services within the required time.	1809

(C) Upon failure to negotiate a contract with the	1810
construction manager ranked most qualified, the public owner shall	1811
inform the construction manager in writing of the termination of	1812
negotiations and enter into negotiations with the construction	1813
manager ranked next most qualified. If negotiations again fail,	1814
the same procedure shall be followed with each next most qualified	1815
construction manager selected and ranked pursuant to division (A)	1816
of this section, in order of ranking, until a contract is	1817
negotiated.	1818

(D) If the public owner fails to negotiate a contract with	1819
any of the construction managers selected pursuant to division (A)	1820
of this section, the public owner shall select and rank additional	1821
construction managers, based on their qualifications, and	1822
negotiations shall continue as with the construction managers	1823
selected and ranked initially until a contract is negotiated.	1824

Sec. 9.333. (A) No public owner shall enter into a	1825
construction management contract with a construction manager	1826
unless the construction manager provides a letter of credit	1827
pursuant to Chapter 1305. of the Revised Code, a surety bond	1828
pursuant to sections 153.54 and 153.57 of the Revised Code, a	1829
certified check or cashier's check in an amount equal to the value	1830
of the construction management contract for the project, or	1831
provides other reasonable financial assurance of a nature and in	1832
an amount satisfactory to the owner. The public owner may waive	1833
this requirement for good cause.	1834

(B) Before construction begins pursuant to a construction	1835
management contract with a construction manager at risk, the	1836
construction manager at risk shall provide a surety bond to the	1837
public owner in accordance with rules adopted by the director of	1838
administrative services under Chapter 119. of the Revised Code.	1839

Sec. 9.334. (A) Every public owner planning to contract for	1840
construction management services with a construction manager at	1841
risk shall evaluate the proposals submitted and select not fewer	1842
than three construction managers at risk the public owner	1843
considers to be the most qualified to provide the required	1844
construction management services, except that the public owner	1845
shall select and rank fewer than three when the public owner	1846
determines in writing that fewer than three qualified construction	1847
managers at risk are available.	1848

(B) The public owner shall provide each construction manager	1849
at risk selected under division (A) of this section with a	1850
description of the project, including a statement of available	1851
design detail, a description of how the guaranteed maximum price	1852
for the project shall be determined, including the estimated level	1853
of design detail upon which the guaranteed maximum price shall be	1854
based, the form of the construction management contract, and a	1855
request for a pricing proposal.	1856

(C) The pricing proposal of each construction manager at risk	1857
shall include at least the following regarding the construction	1858
manager at risk:	1859

(1) A list of key personnel for the project and a staffing	1860
chart;	1861

(2) A statement of the general conditions and contingency	1862
requirements;	1863

(3) A fee proposal divided into a preconstruction fee, a	1864
construction fee, and the portion of the construction fee to be at	1865
risk in a guaranteed maximum price.	1866

(D) The public owner shall evaluate the submitted pricing	1867
proposals and may hold discussions with individual construction	1868
managers at risk to explore their proposals further, including the	1869
scope and nature of the proposed services and potential technical	1870
approaches.	1871

(E) After evaluating the pricing proposals, the public owner	1872
shall rank the selected construction managers at risk based on its	1873
evaluation of the value of each pricing proposal, with such	1874
evaluation considering the proposed cost and qualifications.	1875

(F) The public owner shall enter into negotiations for a	1876
construction management contract with the construction manager at	1877
risk whose pricing proposal the public owner determines to be the	1878
best value under division (E) of this section. Contract	1879
negotiations shall be directed toward:	1880

(1) Ensuring that the construction manager at risk and the	1881
public owner mutually understand the essential requirements	1882
involved in providing the required construction management	1883
services, including the awarding of subcontracts and their terms,	1884
the provisions for the use of contingency funds, and the possible	1885
distribution of savings in the final costs of the project;	1886

(2) Ensuring that the construction manager at risk will be	1887
able to provide the necessary personnel, equipment, and facilities	1888
to perform the construction management services within the time	1889
required by the construction management contract;	1890

(3) Agreeing upon a procedure and schedule for determining a	1891
guaranteed maximum price using an open book pricing method that	1892
shall represent the total maximum amount to be paid by the public	1893
owner to the construction manager at risk for the project and that	1894
shall include the costs of all the work, the cost of its general	1895
conditions, the contingency, and the fee payable to the	1896
construction manager at risk.	1897

(G)(1) If the public owner fails to negotiate a construction	1898
management contract with the construction manager at risk whose	1899
pricing proposal the public owner determines to be the best value	1900
under division (E) of this section, the public owner shall inform	1901
the construction manager at risk, in writing, of the termination	1902
of negotiations.	1903

(2) Upon terminating negotiations, the public owner shall	1904
enter into negotiations as provided in this section with the	1905
construction manager at risk that the public owner ranked next	1906
highest under division (E) of this section. If negotiations fail,	1907
the public owner shall enter into negotiations as provided in this	1908
section with the construction manager at risk the public owner	1909
ranked next highest under division (E) of this section.	1910

(3) If a public owner fails to negotiate a construction	1911
management contract with a construction manager at risk whose	1912
pricing proposal the public owner determines to be the best value	1913
under division (E) of this section, the public owner may select	1914
additional construction managers at risk to provide pricing	1915
proposals to the public owner pursuant to this section or may	1916
select an alternative delivery method for the project.	1917

(H) If the public owner and construction manager at risk fail	1918
to agree on a guaranteed maximum price, nothing in this section	1919
shall prohibit the public owner from allowing the construction	1920
manager at risk to provide the management services that a	1921
construction manager is authorized to provide.	1922

Sec. 9.335. The requirements set forth in sections 9.33 to	1923
9.334 of the Revised Code for the bidding, selection, and award of	1924
a construction management contract by a public owner prevail in	1925
the event of any conflict with a provision of Chapter 153. of the	1926
Revised Code.	1927

Sec. 9.482. (A) As used in this section, "political	1928
subdivision" has the meaning defined in section 2744.01 of the	1929
Revised Code.	1930

(B) When authorized by their respective legislative	1931
authorities, a political subdivision may enter into an agreement	1932
with another political subdivision whereby a contracting political	1933
subdivision agrees to exercise any power, perform any function, or	1934
render any service for another contracting recipient political	1935
subdivision that the contracting recipient political subdivision	1936
is otherwise legally authorized to exercise, perform, or render.	1937

In the absence in the agreement of provisions determining by	1938
what officer, office, department, agency, or other authority the	1939
powers and duties of a contracting political subdivision shall be	1940
exercised or performed, the legislative authority of the	1941
contracting political subdivision shall determine and assign the	1942
powers and duties.	1943

An agreement shall not suspend the possession by a	1944
contracting recipient political subdivision of any power or	1945
function that is exercised or performed on its behalf by another	1946
contracting political subdivision under the agreement.	1947

A political subdivision shall not enter into an agreement to	1948
levy any tax or to exercise, with regard to public moneys, any	1949
investment powers, perform any investment function, or render any	1950
investment service on behalf of a contracting subdivision. Nothing	1951
in this paragraph prohibits a political subdivision from entering	1952
into an agreement to collect, administer, or enforce any tax on	1953
behalf of another political subdivision or to limit the authority	1954
of political subdivisions to create and operate joint economic	1955
development zones or joint economic development districts as	1956
provided in sections 715.69 to 715.83 of the Revised Code.	1957

(C) No power shall be exercised, no function shall be	1958
performed, and no service shall be rendered by a contracting	1959
political subdivision pursuant to an agreement entered into under	1960
this section within a political subdivision that is not a party to	1961
the agreement, without first obtaining the written consent of the	1962
political subdivision that is not a party to the agreement and	1963
within which the power is to be exercised, a function is to be	1964
performed, or a service is to be rendered.	1965

(D) Chapter 2744. of the Revised Code, insofar as it applies	1966
to the operation of a political subdivision, applies to the	1967
political subdivisions that are parties to an agreement and to	1968
their employees when they are rendering a service outside the	1969
boundaries of their employing political subdivision under the	1970
agreement. Employees acting outside the boundaries of their	1971
employing political subdivision while providing a service under an	1972
agreement may participate in any pension or indemnity fund	1973
established by the political subdivision to the same extent as	1974
while they are acting within the boundaries of the political	1975
subdivision, and are entitled to all the rights and benefits of	1976
Chapter 4123. of the Revised Code to the same extent as while they	1977
are performing a service within the boundaries of the political	1978
subdivision.	1979

Sec. 9.82. As used in sections 9.82 to 9.83 of the Revised	1980
Code:	1981

(A) "State" means the state of Ohio, including, but not	1982
limited to, the general assembly, the supreme court, the offices	1983
of all elected state officers, and all departments, boards,	1984
offices, commissions, agencies, institutions, and other	1985
instrumentalities of the state of Ohio. "State" does not include	1986
political subdivisions.	1987

For purposes of the judicial liability program, "state" means	1988
the supreme court, the courts of appeals, the courts of common	1989
pleas and any division of courts of common pleas, municipal	1990
courts, and county courts.	1991

(B) "Political subdivision" means a county, city, village,	1992
township, park district, or school district.	1993

(C) "Personal property" means tangible personal property	1994
owned, leased, controlled, or possessed by a state agency and	1995
includes, but is not limited to, chattels, movable property,	1996
merchandise, furniture, goods, livestock, vehicles, watercraft,	1997
aircraft, movable machinery, movable tools, movable equipment,	1998
general operating supplies, and media.	1999

(D) "Media" means all active information processing material,	2000
including all forms of data, program material, and related	2001
engineering specifications employed in any state agency's	2002
information processing operation.	2003

(E) "Property" means real and personal property as defined in	2004
divisions (C) and (F) of this section and any other property in	2005
which the state determines it has an insurable interest.	2006

(F) "Real property" means land or interests in land whose	2007
title is vested in the state or that is under the control of the	2008
state through a lease purchase agreement, installment purchase,	2009
mortgage, lien, or otherwise, and includes, but is not limited to,	2010
all buildings, structures, improvements, machinery, equipment, or	2011
fixtures erected on, above, or under such land.	2012

(G) "State agency" means every department, bureau, board,	2013
commission, office, or other organized body established by the	2014
constitution or laws of this state for the exercise of any	2015
function of state government, the general assembly, all	2016
legislative agencies, the supreme court, and the court of claims.	2017
"State agency" does not include any state-supported institutions	2018
of higher education, the public employees retirement system, the	2019
Ohio police and ~~and Fire~~fire pension fund, the state teachers	2020
retirement system, the school employees retirement system, the	2021
state highway patrol retirement system, or the city of Cincinnati	2022
retirement system.	2023

Sec. 9.823. (A) All contributions collected by the director	2024
of administrative services under division (E) of this section	2025
shall be deposited into the state treasury to the credit of the	2026
risk management reserve fund, which is hereby created. The fund	2027
shall be used to provide insurance and self-insurance for the	2028
state under sections 9.822 and 9.83 of the Revised Code. All	2029
investment earnings of the fund shall be credited to it.	2030

(B) The director, through the office of risk management,	2031
shall operate the risk management reserve fund on an actuarially	2032
sound basis.	2033

(C) Reserves shall be maintained in the risk management	2034
reserve fund in any amount that is necessary and adequate, in the	2035
exercise of sound and prudent actuarial judgment, to cover	2036
potential liability claims, expenses, fees, or damages. Money in	2037
the fund may be applied to the payment of liability claims that	2038
are filed against the state ~~in the court of claims and determined~~	2039
~~in the manner provided for under Chapter 2743. of the Revised~~	2040
~~Code~~. The director may procure the services of a qualified	2041
actuarial firm for the purpose of recommending the specific amount	2042
of money that would be required to maintain adequate reserves for	2043
a given period of time.	2044

(D) A report of the amounts reserved and disbursements made	2045
from the reserves, together with a written report of a competent	2046
property and casualty actuary, shall be submitted, on or before	2047
the last day of March for the preceding calendar year, to the	2048
speaker of the house of representatives and the president of the	2049
senate. The actuary shall certify the adequacy of the rates of	2050
contributions, the sufficiency of excess insurance, and whether	2051
the amounts reserved conform to the requirements of this section,	2052
are computed in accordance with accepted loss reserving standards,	2053
and are fairly stated in accordance with sound loss reserving	2054
principles. The report shall include disbursements made for the	2055
administration of the fund, including claims paid, cost of legal	2056
representation of state agencies and employees, and fees paid to	2057
consultants.	2058

(E) The director shall collect from each state agency or any	2059
participating state body its contribution to the risk management	2060
reserve fund for the purpose of purchasing insurance or	2061
administering self-insurance programs for coverages authorized	2062
under sections 9.822 and 9.83 of the Revised Code. The	2063
contribution shall be determined by the director, with the	2064
approval of the director of budget and management, and shall be	2065
based upon actuarial assumptions and the relative risk and loss	2066
experience of each state agency or participating state body. The	2067
contribution shall further include a reasonable sum to cover the	2068
department's administrative costs.	2069

Sec. 9.833. (A) As used in this section, "political	2070
subdivision" ~~means a municipal corporation, township, county, or~~	2071
~~other body corporate and politic responsible for governmental~~	2072
~~activities in a geographic area smaller than that of the state,~~	2073
~~and agencies and instrumentalities of these entities~~has the	2074
meaning defined in sections 2744.01 and 3905.36 of the Revised	2075
Code. For purposes of this section, "political subdivision"	2076
includes municipal corporations as defined in section 5705.01 of	2077
the Revised Code.	2078

(B) Political subdivisions that provide health care benefits	2079
for their officers or employees may do any of the following:	2080

(1) ~~Establish~~If a self-insurance program is approved by the	2081
department of administrative services under section 9.901 of the	2082
Revised Code, establish and maintain an individual self-insurance	2083
program with public moneys to provide authorized health care	2084
benefits, including but not limited to, health care, prescription	2085
drugs, dental care, and vision care, in accordance with division	2086
(C) of this section;	2087

(2) Establish and maintain a health savings account program	2088
whereby employees or officers may establish and maintain health	2089
savings accounts in accordance with section 223 of the Internal	2090
Revenue Code. Public moneys may be used to pay for or fund	2091
federally qualified high deductible health plans that are linked	2092
to health savings accounts or to make contributions to health	2093
savings accounts. A health savings account program may be a part	2094
of a self-insurance program.	2095

(3) After establishing an individual self-insurance program,	2096
agree with other political subdivisions that have established	2097
individual self-insurance programs for health care benefits, that	2098
their programs will be jointly administered in a manner specified	2099
in the agreement pursuant to approval under section 9.901 of the	2100
Revised Code;	2101

(4) Pursuant to a written agreement, pursuant to approval	2102
under section 9.901 of the Revised Code, and in accordance with	2103
division (C) of this section, join in any combination with other	2104
political subdivisions to establish and maintain a joint	2105
self-insurance program to provide health care benefits;	2106

(5) Pursuant to a written agreement, join in any combination	2107
with other political subdivisions to procure or contract for	2108
policies, contracts, or plans of insurance to provide ~~health care~~	2109
~~benefits, which may include~~ a health savings account program, for	2110
their officers and employees subject to the agreement;	2111

(6) Use in any combination any of the policies, contracts,	2112
plans, or programs authorized under this division.	2113

(7) Any agreement made under divisions (B)(3), (4), (5), or	2114
(6) of this section shall be in writing, comply with division (C)	2115
of this section, and contain best practices established in	2116
consultation with and approved by the department of administrative	2117
services. These best practices shall provide standards upon which	2118
the program providing benefits shall adhere to in the selection	2119
and implementation of the health care plan. The best practices may	2120
be reviewed and amended at the discretion of the political	2121
subdivisions in consultation with the department. Detailed	2122
information regarding the best practices shall be made available	2123
to any employee upon that employee's request.	2124

(8) The department of administrative services may adopt rules	2125
for the adoption and enforcement of the best practices standards.	2126

(C) Except as otherwise provided in division (E) of this	2127
section or by section 9.901 of the Revised Code, the following	2128
apply to individual or joint self-insurance programs established	2129
pursuant to this section:	2130

(1) Such funds shall be reserved as are necessary, in the	2131
exercise of sound and prudent actuarial judgment, to cover	2132
potential cost of health care benefits for the officers and	2133
employees of the political subdivision. A certified audited	2134
financial statement and a report of amounts so reserved and	2135
disbursements made from such funds, together with a written report	2136
of a member of the American academy of actuaries certifying	2137
whether the amounts reserved conform to the requirements of this	2138
division, are computed in accordance with accepted loss reserving	2139
standards, and are fairly stated in accordance with sound loss	2140
reserving principles, shall be prepared and maintained, within	2141
ninety days after the last day of the fiscal year of the entity	2142
for which the report is provided for that fiscal year, in the	2143
office of the program administrator described in division (C)(3)	2144
of this section.	2145

The report required by division (C)(1) of this section shall	2146
include, but not be limited to, disbursements made for the	2147
administration of the program, including claims paid, costs of the	2148
legal representation of political subdivisions and employees, and	2149
fees paid to consultants.	2150

The program administrator described in division (C)(3) of	2151
this section shall make the report required by this division	2152
available for inspection by any person at all reasonable times	2153
during regular business hours, and, upon the request of such	2154
person, shall make copies of the report available at cost within a	2155
reasonable period of time. The program administrator shall further	2156
provide the report to the auditor of state under Chapter 117. of	2157
the Revised Code.	2158

(2) Each political subdivision shall reserve funds necessary	2159
for an individual or joint self-insurance program in a special	2160
fund that may be established for political subdivisions other than	2161
an agency or instrumentality pursuant to an ordinance or	2162
resolution of the political subdivision and not subject to section	2163
5705.12 of the Revised Code. An agency or instrumentality shall	2164
reserve the funds necessary for an individual or joint	2165
self-insurance program in a special fund established pursuant to a	2166
resolution duly adopted by the agency's or instrumentality's	2167
governing board. The political subdivision may allocate the costs	2168
of insurance or any self-insurance program, or both, among the	2169
funds or accounts established under this division on the basis of	2170
relative exposure and loss experience.	2171

(3) A contract may be awarded, without the necessity of	2172
competitive bidding, to any person, political subdivision,	2173
nonprofit corporation organized under Chapter 1702. of the Revised	2174
Code, or regional council of governments created under Chapter	2175
167. of the Revised Code for purposes of administration of an	2176
individual or joint self-insurance program. No such contract shall	2177
be entered into without full, prior, public disclosure of all	2178
terms and conditions. The disclosure shall include, at a minimum,	2179
a statement listing all representations made in connection with	2180
any possible savings and losses resulting from the contract, and	2181
potential liability of any political subdivision or employee. The	2182
proposed contract and statement shall be disclosed and presented	2183
at a meeting of the political subdivision not less than one week	2184
prior to the meeting at which the political subdivision authorizes	2185
the contract.	2186

A contract awarded to a nonprofit corporation or a regional	2187
council of governments under this division may provide that all	2188
employees of the nonprofit corporation or regional council of	2189
governments and the employees of all entities related to the	2190
nonprofit corporation or regional council of governments may be	2191
covered by the individual or joint self-insurance program under	2192
the terms and conditions set forth in the contract.	2193

(4) The individual or joint self-insurance program shall	2194
include a contract with a certified public accountant and a member	2195
of the American academy of actuaries for the preparation of the	2196
written ~~evaluation of the reserve funds~~evaluations required under	2197
division (C)(1) of this section.	2198

(5) A joint self-insurance program may allocate the costs of	2199
funding the program among the funds or accounts established under	2200
this division to the participating political subdivisions on the	2201
basis of their relative exposure and loss experience.	2202

(6) An individual self-insurance program may allocate the	2203
costs of funding the program among the funds or accounts	2204
established under this division to the political subdivision that	2205
established the program.	2206

(7) Two or more political subdivisions may also authorize the	2207
establishment and maintenance of a joint health care cost	2208
containment program, including, but not limited to, the employment	2209
of risk managers, health care cost containment specialists, and	2210
consultants, for the purpose of preventing and reducing health	2211
care costs covered by insurance, individual self-insurance, or	2212
joint self-insurance programs.	2213

(8) A political subdivision is not liable under a joint	2214
self-insurance program for any amount in excess of amounts payable	2215
pursuant to the written agreement for the participation of the	2216
political subdivision in the joint self-insurance program. Under a	2217
joint self-insurance program agreement, a political subdivision	2218
may, to the extent permitted under the written agreement, assume	2219
the risks of any other political subdivision. A joint	2220
self-insurance program established under this section is deemed a	2221
separate legal entity for the public purpose of enabling the	2222
members of the joint self-insurance program to obtain insurance or	2223
to provide for a formalized, jointly administered self-insurance	2224
fund for its members. An entity created pursuant to this section	2225
is exempt from all state and local taxes.	2226

(9) Any political subdivision, other than an agency or	2227
instrumentality, may issue general obligation bonds, or special	2228
obligation bonds that are not payable from real or personal	2229
property taxes, and may also issue notes in anticipation of such	2230
bonds, pursuant to an ordinance or resolution of its legislative	2231
authority or other governing body for the purpose of providing	2232
funds to pay expenses associated with the settlement of claims,	2233
whether by way of a reserve or otherwise, and to pay the political	2234
subdivision's portion of the cost of establishing and maintaining	2235
an individual or joint self-insurance program or to provide for	2236
the reserve in the special fund authorized by division (C)(2) of	2237
this section.	2238

In its ordinance or resolution authorizing bonds or notes	2239
under this section, a political subdivision may elect to issue	2240
such bonds or notes under the procedures set forth in Chapter 133.	2241
of the Revised Code. In the event of such an election,	2242
notwithstanding Chapter 133. of the Revised Code, the maturity of	2243
the bonds may be for any period authorized in the ordinance or	2244
resolution not exceeding twenty years, which period shall be the	2245
maximum maturity of the bonds for purposes of section 133.22 of	2246
the Revised Code.	2247

Bonds and notes issued under this section shall not be	2248
considered in calculating the net indebtedness of the political	2249
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	2250
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	2251
hereby made applicable to bonds or notes authorized under this	2252
section.	2253

(10) A joint self-insurance program is not an insurance	2254
company. Its operation does not constitute doing an insurance	2255
business and is not subject to the insurance laws of this state.	2256

(D) A political subdivision may procure group life insurance	2257
for its employees in conjunction with an individual or joint	2258
self-insurance program authorized by this section, provided that	2259
the policy of group life insurance is not self-insured.	2260

(E) ~~Divisions (C)(1), (2), and (4) of this~~This section do	2261
does not apply to individual self-insurance programs increated	2262
solely by municipal corporations~~, townships, or counties~~as	2263
defined in section 5705.01 of the Revised Code.	2264

(F) A public official or employee of a political subdivision	2265
who is or becomes a member of the governing body of the program	2266
administrator of a joint self-insurance program in which the	2267
political subdivision participates is not in violation of division	2268
(D) or (E) of section 102.03, division (C) of section 102.04, or	2269
section 2921.42 of the Revised Code as a result of either of the	2270
following:	2271

(1) The political subdivision's entering under this section	2272
into the written agreement to participate in the joint	2273
self-insurance program;	2274

(2) The political subdivision's entering under this section	2275
into any other contract with the joint self-insurance program.	2276

Sec. 9.90. (A) ~~The governing board of any public institution~~	2277
~~of higher education, including without limitation state~~	2278
~~universities and colleges, community college districts, university~~	2279
~~branch districts, technical college districts, and municipal~~	2280
~~universities,~~The following applies until the department of	2281
administrative services implements healthcare plans designed under	2282
section 9.901 of the Revised Code. If those plans do not include	2283
or address any benefits listed in this section, the following	2284
provisions continue in effect for those benefits. The board of	2285
trustees or other governing body of a state institution of higher	2286
education, as defined in section 3345.011 of the Revised Code,	2287
board of education of a school district, or governing board of an	2288
educational service center may, in addition to all other powers	2289
provided in the Revised Code:	2290

(1) Contract for, purchase, or otherwise procure from an	2291
insurer or insurers licensed to do business by the state of Ohio	2292
for or on behalf of such of its employees as it may determine,	2293
life insurance, or sickness, accident, annuity, endowment, health,	2294
medical, hospital, dental, or surgical coverage and benefits, or	2295
any combination thereof, by means of insurance plans or other	2296
types of coverage, family, group or otherwise, and may pay from	2297
funds under its control and available for such purpose all or any	2298
portion of the cost, premium, or charge for such insurance,	2299
coverage, or benefits. However, the governing board, in addition	2300
to or as an alternative to the authority otherwise granted by	2301
division (A)(1) of this section, may elect to procure coverage for	2302
health care services, for or on behalf of such of its employees as	2303
it may determine, by means of policies, contracts, certificates,	2304
or agreements issued by at least two health insuring corporations	2305
holding a certificate of authority under Chapter 1751. of the	2306
Revised Code and may pay from funds under the governing board's	2307
control and available for such purpose all or any portion of the	2308
cost of such coverage.	2309

(2) Make payments to a custodial account for investment in	2310
regulated investment company stock for the purpose of providing	2311
retirement benefits as described in section 403(b)(7) of the	2312
Internal Revenue Code of 1954, as amended. Such stock shall be	2313
purchased only from persons authorized to sell such stock in this	2314
state.	2315

Any income of an employee deferred under divisions (A)(1) and	2316
(2) of this section in a deferred compensation program eligible	2317
for favorable tax treatment under the Internal Revenue Code of	2318
1954, as amended, shall continue to be included as regular	2319
compensation for the purpose of computing the contributions to and	2320
benefits from the retirement system of such employee. Any sum so	2321
deferred shall not be included in the computation of any federal	2322
and state income taxes withheld on behalf of any such employee.	2323

(B) All or any portion of the cost, premium, or charge	2324
therefor may be paid in such other manner or combination of	2325
manners as the ~~governing~~ board or governing body may determine,	2326
including direct payment by the employee in cases under division	2327
(A)(1) of this section, and, if authorized in writing by the	2328
employee in cases under division (A)(1) or (2) of this section, by	2329
~~such governing~~the board or governing body with moneys made	2330
available by deduction from or reduction in salary or wages or by	2331
the foregoing of a salary or wage increase. Nothing in section	2332
3917.01 or section 3917.06 of the Revised Code shall prohibit the	2333
issuance or purchase of group life insurance authorized by this	2334
section by reason of payment of premiums therefor by the ~~governing~~	2335
board or governing body from its funds, and such group life	2336
insurance may be so issued and purchased if otherwise consistent	2337
with the provisions of sections 3917.01 to 3917.07 of the Revised	2338
Code.	2339

(C) The board of education of any school district may	2340
exercise any of the powers granted to the governing boards of	2341
public institutions of higher education under divisions (A) and	2342
(B) of this section, except in relation to the provision of health	2343
care benefits to employees. All health care benefits provided to	2344
persons employed by the public schools of this state shall be	2345
through health care plans that contain best practices established	2346
by the school employees health care board or the department of	2347
administrative services pursuant to section 9.901 of the Revised	2348
Code, until the department implements for public school districts	2349
the health care plans designed under section 9.901 of the Revised	2350
Code.	2351

(D) Once the department of administrative services releases	2352
in final form health care plans designed under section 9.901 of	2353
the Revised Code, all health care benefits provided to persons	2354
employed by state institutions of higher education, school	2355
districts, or educational service centers may be through those	2356
plans.	2357

Sec. 9.901. (A)(1) ~~All~~Until the department implements for	2358
public school districts the health care plans designed under this	2359
section, all health care benefits provided to persons employed by	2360
the political subdivisions and public school districts of this	2361
state shall be provided by health care plans that contain best	2362
practices established pursuant to this section by the school	2363
employees health care board or the department of administrative	2364
services. Twelve months after the release of best practices by the	2365
board all policies or contracts for health care benefits provided	2366
to public school district employees that are issued or renewed	2367
after the expiration of any applicable collective bargaining	2368
agreement must contain best practices established pursuant to this	2369
section by the board. Any or all of the health care plans that	2370
contain best practices specified by the board may be self-insured.	2371
~~As used in this section, a "public school district" means a city,~~	2372
~~local, exempted village, or joint vocational school district, and~~	2373
~~includes the educational service centers associated with those~~	2374
~~districts but not charter schools.~~	2375

(2) ~~The board shall determine what strategies are used by the~~	2376
~~existing medical plans to manage health care costs and shall study~~	2377
~~the potential benefits of state or regional consortiums of public~~	2378
~~schools offering multiple health care plans.~~Upon completion of	2379
the consultant's report under division (E) of this section and	2380
once the plans are released in final form by the department, all	2381
health care benefits provided to persons employed by political	2382
subdivisions, public school districts, and state institutions of	2383
higher education may be provided by health care plans designed	2384
under this section by the department. The department, in	2385
consultation with the superintendent of insurance, may negotiate	2386
with and, in accordance with the competitive selection procedures	2387
of Chapter 125. of the Revised Code, contract with one or more	2388
insurance companies authorized to do business in this state for	2389
the issuance of the plans. Any or all of the health care plans	2390
designed by the department may be self-insured. All self-insured	2391
plans adopted shall be administered by the department in	2392
accordance with this section. The plans shall incorporate the best	2393
practices adopted by the department under division (C)(3) of this	2394
section.	2395

(3) Before soliciting proposals from insurance companies for	2396
the issuance of health care plans, the department shall determine	2397
what geographic regions exist in the state based on the	2398
availability of providers, networks, costs, and other factors	2399
relating to providing health care benefits. The department shall	2400
then determine what health care plans offered by political	2401
subdivisions, public school districts, state institutions, and	2402
existing consortiums in the region offer the most cost-effective	2403
plan.	2404

(4) The department shall develop a request for proposals and	2405
solicit bids for health care plans for political subdivisions,	2406
public school districts, and state institutions in a region	2407
similar to the existing plans. The department shall also determine	2408
the benefits offered by existing health care plans, the employees'	2409
costs, and the cost-sharing arrangements used by political	2410
subdivisions, schools, and institutions participating in a	2411
consortium. The department shall determine what strategies are	2412
used by the existing plans to manage health care costs and shall	2413
study the potential benefits of state or regional consortiums	2414
offering multiple health care plans.	2415

(5) No political subdivision, public school district, or	2416
state institution may be required to offer the health care plans	2417
designed under this section until they are released in final form	2418
by the department.	2419

In addition, political subdivisions, public school districts,	2420
or state institutions offering employee health care benefits	2421
through a plan offered by a consortium of two or more political	2422
subdivisions, districts, or state institutions, or a consortium of	2423
one or more political subdivisions, districts, or state	2424
institutions and one or more other political subdivisions, as	2425
defined in section 9.833 of the Revised Code may request	2426
permission from the department to continue offering consortium	2427
plans to the political subdivisions', districts', or institutions'	2428
employees at the discretion of the department.	2429

(6) As used in this section:

2430

(a) "Public school district" means a city, local, exempted	2431
village, or joint vocational school district; a STEM school	2432
established under Chapter 3326. of the Revised Code; or an	2433
educational service center. "Public school district" does not mean	2434
a community school established under Chapter 3314. of the Revised	2435
Code.	2436

(b) "State institution of higher education" or "state	2437
institution" means a state institution of higher education as	2438
defined in section 3345.011 of the Revised Code.	2439

(c) "Political subdivision" has the same meaning as defined	2440
in section 9.833 of the Revised Code.	2441

(d) A "health care plan" includes group policies, contracts,	2442
and agreements that provide hospital, surgical, or medical expense	2443
coverage, including self-insured plans. A "health care plan" does	2444
not include an individual plan offered to the employees of a	2445
political subdivision, public school district, or state	2446
institution, or a plan that provides coverage only for specific	2447
disease or accidents, or a hospital indemnity, medicare	2448
supplement, or other plan that provides only supplemental	2449
benefits, paid for by the employees of a political subdivision,	2450
public school district, or state institution.	2451

~~(b)~~(e) A "health plan sponsor" means a political subdivision,	2452
public school district, a state institution of higher education, a	2453
consortium of political subdivisions, public school districts, or	2454
state institutions, or a council of governments.	2455

(B) ~~The school employees health care board is hereby created.~~	2456
~~The school employees health care board shall consist of the~~	2457
~~following twelve members and shall include individuals with~~	2458
~~experience with public school district benefit programs, health~~	2459
~~care industry providers, and health care plan beneficiaries:~~	2460

~~(1) Four members appointed by the governor, one of whom shall~~	2461
~~be representative of nonadministrative public school district~~	2462
~~employees;~~	2463

~~(2) Four members appointed by the president of the senate,~~	2464
~~one of whom shall be representative of nonadministrative public~~	2465
~~school district employees;~~	2466

~~(3) Four members appointed by the speaker of the house of~~	2467
~~representatives, one of whom shall be representative of~~	2468
~~nonadministrative public school district employees.~~	2469

~~A member of the school employees health care board shall not~~	2470
~~be employed by, represent, or in any way be affiliated with a~~	2471
~~private entity that is providing services to the board, an~~	2472
~~individual school district, employers, or employees in the state~~	2473
~~of Ohio.~~	2474

~~(C)(1) Members of the school employees health care board~~	2475
~~shall serve four-year terms, but may be reappointed, except as~~	2476
~~otherwise specified in division (B) of this section.~~	2477

~~A member shall continue to serve subsequent to the expiration~~	2478
~~of the member's term until a successor is appointed. Any vacancy~~	2479
~~occurring during a member's term shall be filled in the same~~	2480
~~manner as the original appointment, except that the person~~	2481
~~appointed to fill the vacancy shall be appointed to the remainder~~	2482
~~of the unexpired term.~~	2483

~~(2) Members shall receive compensation fixed pursuant to~~	2484
~~division (J) of section 124.15 of the Revised Code and shall be~~	2485
~~reimbursed from the school employees health care fund for actual~~	2486
~~and necessary expenses incurred in the performance of their~~	2487
~~official duties as members of the board.~~	2488

~~(3) Members may be removed by their appointing authority for~~	2489
~~misfeasance, malfeasance, incompetence, dereliction of duty, or~~	2490
~~other just cause.~~	2491

~~(D)(1) At the first meeting of the board after the first day~~	2492
~~of January of each calendar year, the board shall elect a~~	2493
~~chairperson and may elect members to other positions on the board~~	2494
~~as the board considers necessary or appropriate. The board shall~~	2495
~~meet at least nine times each calendar year and shall also meet at~~	2496
~~the call of the chairperson or four or more board members. The~~	2497
~~chairperson shall provide reasonable advance notice of the time~~	2498
~~and place of board meetings to all members.~~	2499

~~(2) A majority of the board constitutes a quorum for the~~	2500
~~transaction of business at a board meeting. A majority vote of the~~	2501
~~members present is necessary for official action.~~	2502

~~(E) The school employees health care board shall conduct its~~	2503
~~business at open meetings; however, the records of the board are~~	2504
~~not public records for purposes of section 149.43 of the Revised~~	2505
~~Code.~~	2506

~~(F)~~ The ~~school~~political subdivisions and public employees	2507
health care fund is hereby created in the state treasury. The	2508
~~board~~department shall use all funds in the ~~school~~political	2509
subdivisions and public employees health care fund solely to carry	2510
out the provisions of this section and related administrative	2511
costs.	2512

~~(G)~~(C) The ~~school employees health care board~~department	2513
shall do all of the following:	2514

(1) Include disease management and consumer education	2515
programs, which programs shall include, but are not limited to,	2516
wellness programs and other measures designed to encourage the	2517
wise use of medical plan coverage. These programs are not services	2518
or treatments for purposes of section 3901.71 of the Revised Code.	2519

(2) Design health care plans for political subdivisions,	2520
public school districts, and state institutions of higher	2521
education in accordance with division (A) of this section separate	2522
from the plans for state agencies;	2523

(3) Adopt and release a set of standards that shall be	2524
considered the best practices ~~to which public school districts~~	2525
~~shall adhere in the selection and implementation of~~for health	2526
care plans offered to employees of political subdivisions, public	2527
school districts, and state institutions.	2528

~~(2)~~(4) Require that the plans the health plan sponsors	2529
administer make readily available to the public all cost and	2530
design elements of the plan;	2531

~~(3) Work with health plan sponsors through educational~~	2532
~~outlets and consultation;~~	2533

~~(4) Maintain a commitment to transparency and public access~~	2534
~~of its meetings and activity pursuant to division (E) of this~~	2535
~~section;~~	2536

(5) Set employee and employer health care plan premiums for	2537
the plans designed under division (C)(2) of this section;	2538

(6) Promote cooperation among all organizations affected by	2539
this section in identifying the elements for the successful	2540
implementation of this section;	2541

~~(6)~~(7) Promote cost containment measures aligned with	2542
patient, plan, and provider management strategies in developing	2543
and managing health care plans;	2544

~~(7)~~(8) Prepare and disseminate to the public an annual report	2545
on the status of health plan sponsors' effectiveness in making	2546
progress to reduce the rate of increase in insurance premiums and	2547
employee out of pocket expenses, as well as progress in improving	2548
the health status of political subdivision, public school	2549
district, and state institution employees and their families.	2550

~~(H)~~(D) The sections in Chapter 3923. of the Revised Code	2551
regulating public employee benefit plans are not applicable to the	2552
health care plans designed pursuant to this section.	2553

~~(I) The board may contract with one or more independent~~	2554
~~consultants to analyze costs related to employee health care~~	2555
~~benefits provided by existing public school district plans in this~~	2556
~~state. The consultants may evaluate the benefits offered by~~	2557
~~existing health care plans, the employees' costs, and the~~	2558
~~cost-sharing arrangements used by public school districts either~~	2559
~~participating in a consortium or by other means. The consultants~~	2560
~~may evaluate what strategies are used by the existing health care~~	2561
~~plans to manage health care costs and the potential benefits of~~	2562
~~state or regional consortiums of public schools offering multiple~~	2563
~~health care plans. Based on the findings of the analysis, the~~	2564
~~consultants may submit written recommendations to the board for~~	2565
~~the development and implementation of successful best practices~~	2566
~~and programs for improving school districts' purchasing power for~~	2567
~~the acquisition of employee health care plans~~(E) Before the	2568
department's release of the initial health care plans, the	2569
department shall contract with an independent consultant to	2570
analyze costs related to employee health care benefits provided by	2571
existing political subdivision, public school district, and state	2572
institution plans. All political subdivisions shall provide	2573
information requested by the department that the department	2574
determines is needed to complete this study. The information	2575
requested shall be held confidentially by the department and shall	2576
not be considered a public record under Chapter 149. of the	2577
Revised Code. The department may release the information after	2578
redacting all personally identifiable information. The consultant	2579
shall determine the benefits offered by existing plans, the	2580
employees' costs, and the cost-sharing arrangements used by	2581
political subdivisions, schools, and institutions participating in	2582
a consortium. The consultant shall determine what strategies are	2583
used by the existing plans to manage health care costs and shall	2584
study the potential benefits of state or regional consortiums of	2585
political subdivisions, public schools, and institutions offering	2586
multiple health care plans. Based on the findings of the analysis,	2587
the consultant shall submit written recommendations to the	2588
department for the development and implementation of a successful	2589
program for pooling purchasing power for the acquisition of	2590
employee health care plans. The consultant's recommendations shall	2591
address, at a minimum, all of the following issues:	2592

(1) The development of a plan for regional coordination of	2593
the health care plans;	2594

(2) The establishment of regions for the provision of health	2595
care plans, based on the availability of providers and plans in	2596
the state at the time;	2597

(3) The viability of voluntary and mandatory participation by	2598
political subdivisions, public schools, and institutions of higher	2599
education;	2600

(4) The use of regional preferred provider and closed panel	2601
plans, health savings accounts, and alternative health care plans,	2602
to stabilize both costs and the premiums charged to political	2603
subdivisions, public school districts, and state institutions and	2604
their employees;	2605

(5) The use of the competitive bidding process for regional	2606
health care plans;	2607

(6) The use of information on claims and costs and of	2608
information reported by political subdivisions, public school	2609
districts, and state institutions pursuant to the Consolidated	2610
Omnibus Budget Reconciliation Act (COBRA) 100 Stat. 227, 29 U.S.C.	2611
1161, as amended in analyzing administrative and premium costs;	2612

(7) The experience of states that have statewide health care	2613
plans for political subdivision, public school district, and state	2614
institution employees, including the implementation strategies	2615
used by those states;	2616

(8) Recommended strategies for the use of first-year roll-in	2617
premiums in the transition from political subdivision, district,	2618
and state institution health care plans to department plans;	2619

(9) The option of allowing political subdivisions, public	2620
school districts, and state institutions to join an existing	2621
regional consortium as an alternative to department plans;	2622

(10) Mandatory and optional coverages to be offered by the	2623
department's plans;	2624

(11) Potential risks to the state from the use of plans	2625
developed under this section;	2626

(12) Any legislation needed to ensure the long-term financial	2627
solvency and stability of a health care purchasing system;	2628

(13) The potential impacts of any changes to the existing	2629
purchasing structure on all of the following:	2630

(a) Existing health care pooling and consortiums;

2631

(b) Political subdivision, school district, and state	2632
institution employees;	2633

(c) Individual political subdivisions, school districts, and	2634
state institutions.	2635

(14) Issues that could arise when political subdivisions,	2636
school districts, and state institutions transition from the	2637
existing purchasing structure to a new purchasing structure;	2638

(15) Strategies available to the department in the creation	2639
of fund reserves and the need for stop-loss insurance coverage for	2640
catastrophic losses;	2641

(16) Impact on eliminating the premium tax or excise	2642
currently received on behalf of a public employer under division	2643
(A) of section 5725.18 and division (A) of 5729.03 of the Revised	2644
Code;	2645

(17) How development of the federal health exchange in Ohio	2646
may impact public employees and the private health insurance	2647
market;	2648

(18) Impact of joint health insurance regional program on	2649
insurance carriers and agents.	2650

~~(J)~~(F) The public ~~schools~~ health care advisory committee is	2651
hereby created under the ~~school employees health care board~~	2652
department of administrative services. The committee shall make	2653
recommendations to the ~~school employees health care board related~~	2654
~~to the board's accomplishment of the duties assigned to the board~~	2655
director of administrative services or the director's designee on	2656
the development and adoption of best practices under this section.	2657
The committee shall consist of ~~eighteen~~fifteen members appointed	2658
by the speaker of the house of representatives, the president of	2659
the senate, and the governor and shall include representatives	2660
from state and local government employers, state and local	2661
government employees, insurance agents, health insurance	2662
companies, and joint purchasing arrangements currently in	2663
existence. ~~The governor shall appoint two representatives each~~	2664
~~from the Ohio education association, the Ohio school boards~~	2665
~~association, and a health insuring corporation licensed to do~~	2666
~~business in Ohio and recommended by the Ohio association of Health~~	2667
~~Plans. The speaker shall appoint two representatives each from the~~	2668
~~Ohio association of school business officials, the Ohio federation~~	2669
~~of teachers, and the buckeye association of school administrators.~~	2670
~~The president of the senate shall appoint two representatives each~~	2671
~~from the Ohio association of health underwriters, an existing~~	2672
~~health care consortium serving public schools, and the Ohio~~	2673
~~association of public school employees. The initial appointees~~	2674
~~shall serve until December 31, 2007; subsequent two-year~~	2675
~~appointments, to commence on the first day of January of each year~~	2676
~~thereafter, and shall be made in the same manner. A member shall~~	2677
~~continue to serve subsequent to the expiration of the member's~~	2678
~~term until the member's successor is appointed. Any vacancy~~	2679
~~occurring during a member's term shall be filled in the same~~	2680
~~manner as the original appointment, except that the person~~	2681
~~appointed to fill the vacancy shall be appointed to the remainder~~	2682
~~of the unexpired term. The advisory committee shall elect a~~	2683
~~chairperson at its first meeting after the first day of January~~	2684
~~each year who shall call the time and place of future committee~~	2685
~~meetings in addition to the meetings that are to be held jointly~~	2686
~~with the school employees health care board. Committee members are~~	2687
~~not subject to the conditions for eligibility set by division (B)~~	2688
~~of this section for members of the school employees health care~~	2689
~~board.~~Nothing in this section prohibits a political subdivision	2690
from adopting a delivery system of benefits that is not in	2691
accordance with the department's adopted best practices if it is	2692
considered to be most financially advantageous to the political	2693
subdivision.	2694

~~(K)~~(G) The ~~board~~department may adopt rules for the	2695
enforcement of health plan sponsors' compliance with the best	2696
practices standards adopted by the ~~board~~department pursuant to	2697
this section.	2698

~~(L) Any districts providing health care plan coverage for the~~	2699
~~employees of public school districts shall provide nonidentifiable~~	2700
~~aggregate claims data for the coverage to the school employees~~	2701
~~health care board, without charge, within sixty days after~~	2702
~~receiving a written request from the board.~~(H) Any health care	2703
plan providing coverage for the employees of political	2704
subdivisions, public school districts, or state institutions of	2705
higher education, or that have provided coverage within two years	2706
before the effective date of this amendment, shall provide	2707
nonidentifiable aggregate claims data for the coverage provided to	2708
the department, without charge, within thirty days after receiving	2709
a written request from the department. The claims data shall	2710
include data relating to employee group benefit sets,	2711
demographics, and claims experience.	2712

~~(M)~~(I)(1) The ~~school employees health care board~~department	2713
may contract with other state agencies for services as the ~~board~~	2714
department deems necessary for the implementation and operation of	2715
this section, based on demonstrated experience and expertise in	2716
administration, management, data handling, actuarial studies,	2717
quality assurance, or for other needed services. ~~The school~~	2718
~~employees health care board may contract with the department of~~	2719
~~administrative services for central services until such time the~~	2720
~~board deems itself able to obtain such services from its own staff~~	2721
~~or from other sources. The board shall reimburse the department of~~	2722
~~administrative services for the reasonable cost of those services.~~	2723

(2) The ~~board~~department shall hire staff as necessary to	2724
provide administrative support to the ~~board~~department and the	2725
public ~~school~~ employee health care plan program established by	2726
this section.	2727

~~(N)~~(J) Not more than ninety days before coverage begins for	2728
political subdivision, public school district, and state	2729
institution employees under health care plans ~~containing best~~	2730
~~practices prescribed~~designed by the ~~school employees health care~~	2731
~~board~~department, a political subdivision's governing body, public	2732
school district's board of education, and a state institution's	2733
board of trustees or managing authority shall provide detailed	2734
information about the health care plans to the employees.	2735

~~(O)~~(K) Nothing in this section shall be construed as	2736
prohibiting political subdivisions, public school districts, or	2737
state institutions from consulting with and compensating insurance	2738
agents and brokers for professional services or from establishing	2739
a self-insurance program, if the department approves that program	2740
as specified under section 9.833 of the Revised Code.	2741

~~(P)(1)~~(L) Pursuant to Chapter 117. of the Revised Code, the	2742
auditor of state shall conduct all necessary and required audits	2743
of the ~~board~~department. The auditor of state, upon request, also	2744
shall furnish to the ~~board~~department copies of audits of	2745
political subdivisions, public school districts, or consortia	2746
performed by the auditor of state.	2747

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

2748

(1) "Tax expenditure" has the same meaning as in section	2749
5703.48 of the Revised Code.	2750

(2) "Tax expenditure bill" means a bill introduced in the	2751
house of representatives or the senate that proposes to enact or	2752
modify one or more tax expenditures.	2753

(B) There is hereby created the joint tax expenditure review	2754
committee, consisting of eight members, composed of the following:	2755

(1) The chair and ranking minority member of the house of	2756
representatives committee that deals primarily with tax	2757
legislation;	2758

(2) The chair and ranking minority member of the senate	2759
committee that deals primarily with tax legislation;	2760

(3) Two members of the house of representatives appointed by	2761
the speaker of the house of representatives;	2762

(4) Two members of the senate appointed by the president of	2763
the senate.	2764

The speaker of the house of representatives and the president	2765
of the senate shall make initial appointments to the board not	2766
later than thirty days following the effective date of the	2767
enactment of this section. Thereafter, the terms of the office	2768
shall be the same as the term of each general assembly. Members	2769
may be reappointed, provided the member continues to meet all	2770
other eligibility requirements. Vacancies shall be filled in the	2771
manner provided for original appointments. Any member appointed to	2772
fill a vacancy before the expiration of the term for which the	2773
predecessor was appointed shall hold office as a member for the	2774
remainder of that term. Appointed members of the committee serve	2775
at the pleasure of the members' appointing authority and may be	2776
removed only by the appointing authority.	2777

(C) The joint tax expenditure review committee shall hold its	2778
first meeting within ninety days after the effective date of the	2779
enactment of this section. At the first meeting, the members shall	2780
elect a chairperson. Thereafter, the committee shall meet at least	2781
twice per year at the call of the chairperson. The committee is a	2782
public body for the purposes of section 121.22 of the Revised	2783
Code.	2784

A vacancy on the committee does not impair the right of the	2785
other members to exercise all the functions of the committee. The	2786
presence of a majority of the members of the committee constitutes	2787
a quorum for the conduct of business of the committee. The	2788
concurrence of at least a majority of the members of the committee	2789
is necessary for any action to be taken by the committee.	2790

The committee shall permit any person to present evidence or	2791
testimony related to tax expenditures at a meeting of the	2792
committee. Upon the committee's request, the department of	2793
taxation, department of development, office of budget and	2794
management, or other state agency shall provide any information in	2795
its possession that the committee requires to perform its duties.	2796

(D) The committee shall establish a schedule for review for	2797
each tax expenditure so that each expenditure is reviewed at least	2798
once every eight years. The schedule may provide for the review of	2799
each tax expenditure in the order the expenditures were enacted or	2800
modified, beginning with the least recently enacted or modified	2801
tax expenditure. Alternatively, the review schedule may group tax	2802
expenditures by the individuals or industries benefiting from the	2803
expenditures, the objectives of each expenditure, or the policy	2804
rationale of each expenditure. In its review, the committee shall	2805
make recommendations as to whether each tax expenditure should be	2806
continued without modification, modified, scheduled for further	2807
review at a future date to consider repealing the expenditure, or	2808
repealed outright. For each expenditure reviewed, the committee	2809
may recommend accountability standards for the future review of	2810
the expenditure. The committee may consider, when reviewing a tax	2811
expenditure, any of the relevant factors in division (F) of this	2812
section.	2813

(E) Any tax expenditure bill shall include a statement	2814
explaining the objectives of the tax expenditure or its	2815
modification and the sponsor's intent in proposing the tax	2816
expenditure or its modification. Before a tax expenditure bill may	2817
be scheduled for a vote in any legislative committee, the bill	2818
must be reviewed by the joint tax expenditure review committee.	2819
The committee shall commence its review following the introduction	2820
of the tax expenditure bill in the chamber in which the bill	2821
originates. During the committee's review, the committee may	2822
consider any of the relevant factors in division (F) of this	2823
section. The committee shall issue copies of its review to each	2824
member of the legislative committee to which the bill has been	2825
referred upon the conclusion of the committee's review.	2826

(F) In conducting reviews pursuant to division (D) or (E) of	2827
this section, the committee may consider the following factors:	2828

(1) The number and classes of persons, organizations,	2829
businesses, or types of industries that would receive the direct	2830
benefit or consequences of the tax expenditure;	2831

(2) The fiscal impact of the tax expenditure on state and	2832
local taxing authorities, including, in the case of a review under	2833
division (D) of this section, any past fiscal effects and expected	2834
future fiscal impacts of the tax expenditure in the following	2835
eight-year period;	2836

(3) Public policy objectives that might support the tax	2837
expenditure. In researching such objectives, the committee may	2838
consider the expenditure's legislative history, the tax	2839
expenditure's sponsor's intent in proposing the tax expenditure,	2840
the extent to which the tax expenditure encourages or would	2841
encourage business growth or relocation into the state, promotes	2842
or would promote growth or retention of high-wage jobs in the	2843
state, or aids or would aid community stabilization.	2844

(4) Whether the tax expenditure successfully accomplishes any	2845
of the objectives identified in division (F)(3) of this section;	2846

(5) Whether the objectives identified in division (F)(3) of	2847
this section would or could have been accomplished successfully in	2848
the absence of the tax expenditure or with less cost to the state	2849
or local governments;	2850

(6) Whether the objectives identified in division (F)(3) of	2851
this section could have been accomplished successfully through a	2852
program that requires legislative appropriations for funding;	2853

(7) The extent to which the tax expenditure may provide	2854
unintended benefits to an individual, organization, or industry	2855
other than those the legislature or sponsor intended or creates an	2856
unfair competitive advantage for its recipient with respect to	2857
other businesses in the state;	2858

(8) The extent to which terminating the tax expenditure may	2859
have negative effects on taxpayers that currently benefit from the	2860
tax expenditure;	2861

(9) The extent to which the repeal of the tax expenditure may	2862
have negative effects on the state's employment and economy;	2863

(10) The feasibility of modifying the tax expenditure to	2864
provide for adjustment or recapture of the proceeds of the tax	2865
expenditure if the objectives of the tax expenditure are not	2866
fulfilled by the recipient of the tax expenditure.	2867

(G) The committee shall annually prepare a report of its	2868
determinations under this section and, not later than the	2869
thirty-first day of December of each year, provide a copy of the	2870
report to the governor, the speaker of the house of	2871
representatives, the president of the senate, the minority leader	2872
of the house of representatives, and the minority leader of the	2873
senate. The first annual report may be submitted either in the	2874
year of the effective date of this act or in the following year.	2875

Sec. 101.532. The main operating appropriations bill shall	2876
not contain appropriations for the industrial commission~~, the~~	2877
~~workers' compensation council,~~ or the bureau of workers'	2878
compensation. Appropriations for the bureau ~~and the council~~ shall	2879
be enacted in one bill, and appropriations for the industrial	2880
commission shall be enacted in a separate bill.	2881

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

2882

(1) "Public office" has the meaning defined in section 117.01	2883
of the Revised Code.	2884

(2) "Legislative agent" has the meaning defined in section	2885
101.70 of the Revised Code.	2886

(B) No public office shall enter into a contract with a	2887
legislative agent, with a cost exceeding fifty thousand dollars in	2888
a calendar year, without the approval of the controlling board.	2889

This section does not apply to an employment contract	2890
pursuant to which an individual is employed directly by a public	2891
office as a legislative agent.	2892

Sec. 101.82. As used in sections 101.82 to 101.87 of the	2893
Revised Code:	2894

(A) "Agency" means any board, commission, committee, or	2895
council, or any other similar state public body required to be	2896
established pursuant to state statutes for the exercise of any	2897
function of state government and to which members are appointed or	2898
elected. "Agency" does not include the following:	2899

(1) The general assembly, or any commission, committee, or	2900
other body composed entirely of members of the general assembly;	2901

(2) Any court;

2902

(3) Any public body created by or directly pursuant to the	2903
constitution of this state;	2904

(4) The board of trustees of any institution of higher	2905
education financially supported in whole or in part by the state;	2906

(5) Any public body that has the authority to issue bonds or	2907
notes or that has issued bonds or notes that have not been fully	2908
repaid;	2909

(6) The public utilities commission of Ohio;

2910

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

2911

(8) The Ohio board of regents;

2912

(9) Any state board or commission that has the authority to	2913
issue any final adjudicatory order that may be appealed to the	2914
court of common pleas under Chapter 119. of the Revised Code;	2915

(10) Any board of elections;

2916

(11) The board of directors of the Ohio insurance guaranty	2917
association and the board of governors of the Ohio fair plan	2918
underwriting association;	2919

(12) The Ohio public employees deferred compensation board;

2920

(13) The Ohio retirement study council;

2921

(14) The board of trustees of the Ohio police and fire	2922
pension fund, public employees retirement board, school employees	2923
retirement board, state highway patrol retirement board, and state	2924
teachers retirement board;	2925

(15) The industrial commission;

2926

(16) The parole board;

2927

(17) The board of tax appeals;

2928

(18) The controlling board;

2929

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

2930

(20) The environmental review appeals commission;

2931

(21) The Ohio ethics commission;

2932

(22) The Ohio public works commission;

2933

(23) The self-insuring employers evaluation board;

2934

(24) The state board of deposit;

2935

(25) The state employment relations board;

2936

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

2937

(B) "Abolish" means to repeal the statutes creating and	2938
empowering an agency, remove its personnel, and transfer its	2939
records to the department of administrative services pursuant to	2940
division (E) of section 149.331 of the Revised Code.	2941

(C) "Terminate" means to amend or repeal the statutes	2942
creating and empowering an agency, remove its personnel, and	2943
reassign its functions and records to another agency or officer	2944
designated by the general assembly.	2945

(D) "Transfer" means to amend the statutes creating and	2946
empowering an agency so that its functions, records, and personnel	2947
are conveyed to another agency or officer.	2948

(E) "Renew" means to continue an agency, and may include	2949
amendment of the statutes creating and empowering the agency, or	2950
recommendations for changes in agency operation or personnel.	2951

Sec. 102.02. (A) Except as otherwise provided in division	2952
(H) of this section, all of the following shall file with the	2953
appropriate ethics commission the disclosure statement described	2954
in this division on a form prescribed by the appropriate	2955
commission: every person who is elected to or is a candidate for a	2956
state, county, or city office and every person who is appointed to	2957
fill a vacancy for an unexpired term in such an elective office;	2958
all members of the state board of education; the director,	2959
assistant directors, deputy directors, division chiefs, or persons	2960
of equivalent rank of any administrative department of the state;	2961
the president or other chief administrative officer of every state	2962
institution of higher education as defined in section 3345.011 of	2963
the Revised Code; the executive director and the members of the	2964
capitol square review and advisory board appointed or employed	2965
pursuant to section 105.41 of the Revised Code; all members of the	2966
Ohio casino control commission, the executive director of the	2967
commission, all professional employees of the commission, and all	2968
technical employees of the commission who perform an internal	2969
audit function; the individuals set forth in division (B)(2) of	2970
section 187.03 of the Revised Code; the chief executive officer	2971
and the members of the board of each state retirement system; each	2972
employee of a state retirement board who is a state retirement	2973
system investment officer licensed pursuant to section 1707.163 of	2974
the Revised Code; the members of the Ohio retirement study council	2975
appointed pursuant to division (C) of section 171.01 of the	2976
Revised Code; employees of the Ohio retirement study council,	2977
other than employees who perform purely administrative or clerical	2978
functions; the administrator of workers' compensation and each	2979
member of the bureau of workers' compensation board of directors;	2980
the bureau of workers' compensation director of investments; the	2981
chief investment officer of the bureau of workers' compensation;	2982
~~the director appointed by the workers' compensation council;~~ all	2983
members of the board of commissioners on grievances and discipline	2984
of the supreme court and the ethics commission created under	2985
section 102.05 of the Revised Code; every business manager,	2986
treasurer, or superintendent of a city, local, exempted village,	2987
joint vocational, or cooperative education school district or an	2988
educational service center; every person who is elected to or is a	2989
candidate for the office of member of a board of education of a	2990
city, local, exempted village, joint vocational, or cooperative	2991
education school district or of a governing board of an	2992
educational service center that has a total student count of	2993
twelve thousand or more as most recently determined by the	2994
department of education pursuant to section 3317.03 of the Revised	2995
Code; every person who is appointed to the board of education of a	2996
municipal school district pursuant to division (B) or (F) of	2997
section 3311.71 of the Revised Code; all members of the board of	2998
directors of a sanitary district that is established under Chapter	2999
6115. of the Revised Code and organized wholly for the purpose of	3000
providing a water supply for domestic, municipal, and public use,	3001
and that includes two municipal corporations in two counties;	3002
every public official or employee who is paid a salary or wage in	3003
accordance with schedule C of section 124.15 or schedule E-2 of	3004
section 124.152 of the Revised Code; members of the board of	3005
trustees and the executive director of the southern Ohio	3006
agricultural and community development foundation; all members	3007
appointed to the Ohio livestock care standards board under section	3008
904.02 of the Revised Code; and every other public official or	3009
employee who is designated by the appropriate ethics commission	3010
pursuant to division (B) of this section.	3011

The disclosure statement shall include all of the following:

3012

(1) The name of the person filing the statement and each	3013
member of the person's immediate family and all names under which	3014
the person or members of the person's immediate family do	3015
business;	3016

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	3017
and except as otherwise provided in section 102.022 of the Revised	3018
Code, identification of every source of income, other than income	3019
from a legislative agent identified in division (A)(2)(b) of this	3020
section, received during the preceding calendar year, in the	3021
person's own name or by any other person for the person's use or	3022
benefit, by the person filing the statement, and a brief	3023
description of the nature of the services for which the income was	3024
received. If the person filing the statement is a member of the	3025
general assembly, the statement shall identify the amount of every	3026
source of income received in accordance with the following ranges	3027
of amounts: zero or more, but less than one thousand dollars; one	3028
thousand dollars or more, but less than ten thousand dollars; ten	3029
thousand dollars or more, but less than twenty-five thousand	3030
dollars; twenty-five thousand dollars or more, but less than fifty	3031
thousand dollars; fifty thousand dollars or more, but less than	3032
one hundred thousand dollars; and one hundred thousand dollars or	3033
more. Division (A)(2)(a) of this section shall not be construed to	3034
require a person filing the statement who derives income from a	3035
business or profession to disclose the individual items of income	3036
that constitute the gross income of that business or profession,	3037
except for those individual items of income that are attributable	3038
to the person's or, if the income is shared with the person, the	3039
partner's, solicitation of services or goods or performance,	3040
arrangement, or facilitation of services or provision of goods on	3041
behalf of the business or profession of clients, including	3042
corporate clients, who are legislative agents. A person who files	3043
the statement under this section shall disclose the identity of	3044
and the amount of income received from a person who the public	3045
official or employee knows or has reason to know is doing or	3046
seeking to do business of any kind with the public official's or	3047
employee's agency.	3048

(b) If the person filing the statement is a member of the	3049
general assembly, the statement shall identify every source of	3050
income and the amount of that income that was received from a	3051
legislative agent during the preceding calendar year, in the	3052
person's own name or by any other person for the person's use or	3053
benefit, by the person filing the statement, and a brief	3054
description of the nature of the services for which the income was	3055
received. Division (A)(2)(b) of this section requires the	3056
disclosure of clients of attorneys or persons licensed under	3057
section 4732.12 of the Revised Code, or patients of persons	3058
certified under section 4731.14 of the Revised Code, if those	3059
clients or patients are legislative agents. Division (A)(2)(b) of	3060
this section requires a person filing the statement who derives	3061
income from a business or profession to disclose those individual	3062
items of income that constitute the gross income of that business	3063
or profession that are received from legislative agents.	3064

(c) Except as otherwise provided in division (A)(2)(c) of	3065
this section, division (A)(2)(a) of this section applies to	3066
attorneys, physicians, and other persons who engage in the	3067
practice of a profession and who, pursuant to a section of the	3068
Revised Code, the common law of this state, a code of ethics	3069
applicable to the profession, or otherwise, generally are required	3070
not to reveal, disclose, or use confidences of clients, patients,	3071
or other recipients of professional services except under	3072
specified circumstances or generally are required to maintain	3073
those types of confidences as privileged communications except	3074
under specified circumstances. Division (A)(2)(a) of this section	3075
does not require an attorney, physician, or other professional	3076
subject to a confidentiality requirement as described in division	3077
(A)(2)(c) of this section to disclose the name, other identity, or	3078
address of a client, patient, or other recipient of professional	3079
services if the disclosure would threaten the client, patient, or	3080
other recipient of professional services, would reveal details of	3081
the subject matter for which legal, medical, or professional	3082
advice or other services were sought, or would reveal an otherwise	3083
privileged communication involving the client, patient, or other	3084
recipient of professional services. Division (A)(2)(a) of this	3085
section does not require an attorney, physician, or other	3086
professional subject to a confidentiality requirement as described	3087
in division (A)(2)(c) of this section to disclose in the brief	3088
description of the nature of services required by division	3089
(A)(2)(a) of this section any information pertaining to specific	3090
professional services rendered for a client, patient, or other	3091
recipient of professional services that would reveal details of	3092
the subject matter for which legal, medical, or professional	3093
advice was sought or would reveal an otherwise privileged	3094
communication involving the client, patient, or other recipient of	3095
professional services.	3096

(3) The name of every corporation on file with the secretary	3097
of state that is incorporated in this state or holds a certificate	3098
of compliance authorizing it to do business in this state, trust,	3099
business trust, partnership, or association that transacts	3100
business in this state in which the person filing the statement or	3101
any other person for the person's use and benefit had during the	3102
preceding calendar year an investment of over one thousand dollars	3103
at fair market value as of the thirty-first day of December of the	3104
preceding calendar year, or the date of disposition, whichever is	3105
earlier, or in which the person holds any office or has a	3106
fiduciary relationship, and a description of the nature of the	3107
investment, office, or relationship. Division (A)(3) of this	3108
section does not require disclosure of the name of any bank,	3109
savings and loan association, credit union, or building and loan	3110
association with which the person filing the statement has a	3111
deposit or a withdrawable share account.	3112

(4) All fee simple and leasehold interests to which the	3113
person filing the statement holds legal title to or a beneficial	3114
interest in real property located within the state, excluding the	3115
person's residence and property used primarily for personal	3116
recreation;	3117

(5) The names of all persons residing or transacting business	3118
in the state to whom the person filing the statement owes, in the	3119
person's own name or in the name of any other person, more than	3120
one thousand dollars. Division (A)(5) of this section shall not be	3121
construed to require the disclosure of debts owed by the person	3122
resulting from the ordinary conduct of a business or profession or	3123
debts on the person's residence or real property used primarily	3124
for personal recreation, except that the superintendent of	3125
financial institutions shall disclose the names of all	3126
state-chartered savings and loan associations and of all service	3127
corporations subject to regulation under division (E)(2) of	3128
section 1151.34 of the Revised Code to whom the superintendent in	3129
the superintendent's own name or in the name of any other person	3130
owes any money, and that the superintendent and any deputy	3131
superintendent of banks shall disclose the names of all	3132
state-chartered banks and all bank subsidiary corporations subject	3133
to regulation under section 1109.44 of the Revised Code to whom	3134
the superintendent or deputy superintendent owes any money.	3135

(6) The names of all persons residing or transacting business	3136
in the state, other than a depository excluded under division	3137
(A)(3) of this section, who owe more than one thousand dollars to	3138
the person filing the statement, either in the person's own name	3139
or to any person for the person's use or benefit. Division (A)(6)	3140
of this section shall not be construed to require the disclosure	3141
of clients of attorneys or persons licensed under section 4732.12	3142
or 4732.15 of the Revised Code, or patients of persons certified	3143
under section 4731.14 of the Revised Code, nor the disclosure of	3144
debts owed to the person resulting from the ordinary conduct of a	3145
business or profession.	3146

(7) Except as otherwise provided in section 102.022 of the	3147
Revised Code, the source of each gift of over seventy-five	3148
dollars, or of each gift of over twenty-five dollars received by a	3149
member of the general assembly from a legislative agent, received	3150
by the person in the person's own name or by any other person for	3151
the person's use or benefit during the preceding calendar year,	3152
except gifts received by will or by virtue of section 2105.06 of	3153
the Revised Code, or received from spouses, parents, grandparents,	3154
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	3155
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	3156
fathers-in-law, mothers-in-law, or any person to whom the person	3157
filing the statement stands in loco parentis, or received by way	3158
of distribution from any inter vivos or testamentary trust	3159
established by a spouse or by an ancestor;	3160

(8) Except as otherwise provided in section 102.022 of the	3161
Revised Code, identification of the source and amount of every	3162
payment of expenses incurred for travel to destinations inside or	3163
outside this state that is received by the person in the person's	3164
own name or by any other person for the person's use or benefit	3165
and that is incurred in connection with the person's official	3166
duties, except for expenses for travel to meetings or conventions	3167
of a national or state organization to which any state agency,	3168
including, but not limited to, any legislative agency or state	3169
institution of higher education as defined in section 3345.011 of	3170
the Revised Code, pays membership dues, or any political	3171
subdivision or any office or agency of a political subdivision	3172
pays membership dues;	3173

(9) Except as otherwise provided in section 102.022 of the	3174
Revised Code, identification of the source of payment of expenses	3175
for meals and other food and beverages, other than for meals and	3176
other food and beverages provided at a meeting at which the person	3177
participated in a panel, seminar, or speaking engagement or at a	3178
meeting or convention of a national or state organization to which	3179
any state agency, including, but not limited to, any legislative	3180
agency or state institution of higher education as defined in	3181
section 3345.011 of the Revised Code, pays membership dues, or any	3182
political subdivision or any office or agency of a political	3183
subdivision pays membership dues, that are incurred in connection	3184
with the person's official duties and that exceed one hundred	3185
dollars aggregated per calendar year;	3186

(10) If the disclosure statement is filed by a public	3187
official or employee described in division (B)(2) of section	3188
101.73 of the Revised Code or division (B)(2) of section 121.63 of	3189
the Revised Code who receives a statement from a legislative	3190
agent, executive agency lobbyist, or employer that contains the	3191
information described in division (F)(2) of section 101.73 of the	3192
Revised Code or division (G)(2) of section 121.63 of the Revised	3193
Code, all of the nondisputed information contained in the	3194
statement delivered to that public official or employee by the	3195
legislative agent, executive agency lobbyist, or employer under	3196
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	3197
the Revised Code.	3198

A person may file a statement required by this section in	3199
person or by mail. A person who is a candidate for elective office	3200
shall file the statement no later than the thirtieth day before	3201
the primary, special, or general election at which the candidacy	3202
is to be voted on, whichever election occurs soonest, except that	3203
a person who is a write-in candidate shall file the statement no	3204
later than the twentieth day before the earliest election at which	3205
the person's candidacy is to be voted on. A person who holds	3206
elective office shall file the statement on or before the	3207
fifteenth day of April of each year unless the person is a	3208
candidate for office. A person who is appointed to fill a vacancy	3209
for an unexpired term in an elective office shall file the	3210
statement within fifteen days after the person qualifies for	3211
office. Other persons shall file an annual statement on or before	3212
the fifteenth day of April or, if appointed or employed after that	3213
date, within ninety days after appointment or employment. No	3214
person shall be required to file with the appropriate ethics	3215
commission more than one statement or pay more than one filing fee	3216
for any one calendar year.	3217

The appropriate ethics commission, for good cause, may extend	3218
for a reasonable time the deadline for filing a statement under	3219
this section.	3220

A statement filed under this section is subject to public	3221
inspection at locations designated by the appropriate ethics	3222
commission except as otherwise provided in this section.	3223

(B) The Ohio ethics commission, the joint legislative ethics	3224
committee, and the board of commissioners on grievances and	3225
discipline of the supreme court, using the rule-making procedures	3226
of Chapter 119. of the Revised Code, may require any class of	3227
public officials or employees under its jurisdiction and not	3228
specifically excluded by this section whose positions involve a	3229
substantial and material exercise of administrative discretion in	3230
the formulation of public policy, expenditure of public funds,	3231
enforcement of laws and rules of the state or a county or city, or	3232
the execution of other public trusts, to file an annual statement	3233
on or before the fifteenth day of April under division (A) of this	3234
section. The appropriate ethics commission shall send the public	3235
officials or employees written notice of the requirement by the	3236
fifteenth day of February of each year the filing is required	3237
unless the public official or employee is appointed after that	3238
date, in which case the notice shall be sent within thirty days	3239
after appointment, and the filing shall be made not later than	3240
ninety days after appointment.	3241

Except for disclosure statements filed by members of the	3242
board of trustees and the executive director of the southern Ohio	3243
agricultural and community development foundation, disclosure	3244
statements filed under this division with the Ohio ethics	3245
commission by members of boards, commissions, or bureaus of the	3246
state for which no compensation is received other than reasonable	3247
and necessary expenses shall be kept confidential. Disclosure	3248
statements filed with the Ohio ethics commission under division	3249
(A) of this section by business managers, treasurers, and	3250
superintendents of city, local, exempted village, joint	3251
vocational, or cooperative education school districts or	3252
educational service centers shall be kept confidential, except	3253
that any person conducting an audit of any such school district or	3254
educational service center pursuant to section 115.56 or Chapter	3255
117. of the Revised Code may examine the disclosure statement of	3256
any business manager, treasurer, or superintendent of that school	3257
district or educational service center. Disclosure statements	3258
filed with the Ohio ethics commission under division (A) of this	3259
section by the individuals set forth in division (B)(2) of section	3260
187.03 of the Revised Code shall be kept confidential. The Ohio	3261
ethics commission shall examine each disclosure statement required	3262
to be kept confidential to determine whether a potential conflict	3263
of interest exists for the person who filed the disclosure	3264
statement. A potential conflict of interest exists if the private	3265
interests of the person, as indicated by the person's disclosure	3266
statement, might interfere with the public interests the person is	3267
required to serve in the exercise of the person's authority and	3268
duties in the person's office or position of employment. If the	3269
commission determines that a potential conflict of interest	3270
exists, it shall notify the person who filed the disclosure	3271
statement and shall make the portions of the disclosure statement	3272
that indicate a potential conflict of interest subject to public	3273
inspection in the same manner as is provided for other disclosure	3274
statements. Any portion of the disclosure statement that the	3275
commission determines does not indicate a potential conflict of	3276
interest shall be kept confidential by the commission and shall	3277
not be made subject to public inspection, except as is necessary	3278
for the enforcement of Chapters 102. and 2921. of the Revised Code	3279
and except as otherwise provided in this division.	3280

(C) No person shall knowingly fail to file, on or before the	3281
applicable filing deadline established under this section, a	3282
statement that is required by this section.	3283

(D) No person shall knowingly file a false statement that is	3284
required to be filed under this section.	3285

(E)(1) Except as provided in divisions (E)(2) and (3) of this	3286
section, the statement required by division (A) or (B) of this	3287
section shall be accompanied by a filing fee of forty dollars.	3288

(2) The statement required by division (A) of this section	3289
shall be accompanied by the following filing fee to be paid by the	3290
person who is elected or appointed to, or is a candidate for, any	3291
of the following offices:	3292

For state office, except member of the		3293
state board of education	$65	3294
For office of member of general assembly	$40	3295
For county office	$40	3296
For city office	$25	3297
For office of member of the state board		3298
of education	$25	3299
For office of member of the Ohio		3300
livestock care standards board	$25	3301
For office of member of a city, local,		3302
exempted village, or cooperative		3303
education board of		3304
education or educational service		3305
center governing board	$20	3306
For position of business manager,		3307
treasurer, or superintendent of a		3308
city, local, exempted village, joint		3309
vocational, or cooperative education		3310
school district or		3311
educational service center	$20	3312

(3) No judge of a court of record or candidate for judge of a	3313
court of record, and no referee or magistrate serving a court of	3314
record, shall be required to pay the fee required under division	3315
(E)(1) or (2) or (F) of this section.	3316

(4) For any public official who is appointed to a nonelective	3317
office of the state and for any employee who holds a nonelective	3318
position in a public agency of the state, the state agency that is	3319
the primary employer of the state official or employee shall pay	3320
the fee required under division (E)(1) or (F) of this section.	3321

(F) If a statement required to be filed under this section is	3322
not filed by the date on which it is required to be filed, the	3323
appropriate ethics commission shall assess the person required to	3324
file the statement a late filing fee of ten dollars for each day	3325
the statement is not filed, except that the total amount of the	3326
late filing fee shall not exceed two hundred fifty dollars.	3327

(G)(1) The appropriate ethics commission other than the Ohio	3328
ethics commission and the joint legislative ethics committee shall	3329
deposit all fees it receives under divisions (E) and (F) of this	3330
section into the general revenue fund of the state.	3331

(2) The Ohio ethics commission shall deposit all receipts,	3332
including, but not limited to, fees it receives under divisions	3333
(E) and (F) of this section, investigative or other fees, costs,	3334
or other funds it receives as a result of court orders, and all	3335
moneys it receives from settlements under division (G) of section	3336
102.06 of the Revised Code, into the Ohio ethics commission fund,	3337
which is hereby created in the state treasury. All moneys credited	3338
to the fund shall be used solely for expenses related to the	3339
operation and statutory functions of the commission.	3340

(3) The joint legislative ethics committee shall deposit all	3341
receipts it receives from the payment of financial disclosure	3342
statement filing fees under divisions (E) and (F) of this section	3343
into the joint legislative ethics committee investigative fund.	3344

(H) Division (A) of this section does not apply to a person	3345
elected or appointed to the office of precinct, ward, or district	3346
committee member under Chapter 3517. of the Revised Code; a	3347
presidential elector; a delegate to a national convention; village	3348
or township officials and employees; any physician or psychiatrist	3349
who is paid a salary or wage in accordance with schedule C of	3350
section 124.15 or schedule E-2 of section 124.152 of the Revised	3351
Code and whose primary duties do not require the exercise of	3352
administrative discretion; or any member of a board, commission,	3353
or bureau of any county or city who receives less than one	3354
thousand dollars per year for serving in that position.	3355

Sec. 105.41. (A) There is hereby created in the legislative	3356
branch of government the capitol square review and advisory board,	3357
consisting of thirteen members as follows:	3358

(1) Two members of the senate, appointed by the president of	3359
the senate, both of whom shall not be members of the same	3360
political party;	3361

(2) Two members of the house of representatives, appointed by	3362
the speaker of the house of representatives, both of whom shall	3363
not be members of the same political party;	3364

(3) Five members appointed by the governor, with the advice	3365
and consent of the senate, not more than three of whom shall be	3366
members of the same political party, one of whom shall be the	3367
chief of staff of the governor's office, one of whom shall	3368
represent the Ohio arts council, one of whom shall represent the	3369
Ohio historical society, one of whom shall represent the Ohio	3370
building authority, and one of whom shall represent the public at	3371
large;	3372

(4) One member, who shall be a former president of the	3373
senate, appointed by the current president of the senate. If the	3374
current president of the senate, in the current president's	3375
discretion, decides for any reason not to make the appointment or	3376
if no person is eligible or available to serve, the seat shall	3377
remain vacant.	3378

(5) One member, who shall be a former speaker of the house of	3379
representatives, appointed by the current speaker of the house of	3380
representatives. If the current speaker of the house of	3381
representatives, in the current speaker's discretion, decides for	3382
any reason not to make the appointment or if no person is eligible	3383
or available to serve, the seat shall remain vacant.	3384

(6) The clerk of the senate and the clerk of the house of	3385
representatives.	3386

(B) Terms of office of each appointed member of the board	3387
shall be for three years, except that members of the general	3388
assembly appointed to the board shall be members of the board only	3389
so long as they are members of the general assembly and the chief	3390
of staff of the governor's office shall be a member of the board	3391
only so long as the appointing governor remains in office. Each	3392
member shall hold office from the date of the member's appointment	3393
until the end of the term for which the member was appointed. In	3394
case of a vacancy occurring on the board, the president of the	3395
senate, the speaker of the house of representatives, or the	3396
governor, as the case may be, shall in the same manner prescribed	3397
for the regular appointment to the commission, fill the vacancy by	3398
appointing a member. Any member appointed to fill a vacancy	3399
occurring prior to the expiration of the term for which the	3400
member's predecessor was appointed shall hold office for the	3401
remainder of the term. Any appointed member shall continue in	3402
office subsequent to the expiration date of the member's term	3403
until the member's successor takes office, or until a period of	3404
sixty days has elapsed, whichever occurs first.	3405

(C) The board shall hold meetings in a manner and at times	3406
prescribed by the rules adopted by the board. A majority of the	3407
board constitutes a quorum, and no action shall be taken by the	3408
board unless approved by at least six members or by at least seven	3409
members if a person is appointed under division (A)(4) or (5) of	3410
this section. At its first meeting, the board shall adopt rules	3411
for the conduct of its business and the election of its officers,	3412
and shall organize by selecting a chairperson and other officers	3413
as it considers necessary. Board members shall serve without	3414
compensation but shall be reimbursed for actual and necessary	3415
expenses incurred in the performance of their duties.	3416

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

3417

(1) Employ or hire on a consulting basis professional,	3418
technical, and clerical employees as are necessary for the	3419
performance of its duties;. All employees of the board are in the	3420
unclassified service and serve at the pleasure of the board. For	3421
purposes of section 4117.01 of the Revised Code, employees of the	3422
board shall be considered employees of the general assembly,	3423
except that employees who are covered by a collective bargaining	3424
agreement on the effective date of this amendment shall remain	3425
subject to the agreement until the agreement expires on its terms,	3426
and the agreement shall not be extended or renewed. Upon	3427
expiration of the agreement, the employees are considered	3428
employees of the general assembly for purposes of section 4117.01	3429
of the Revised Code and are in the unclassified service and serve	3430
at the pleasure of the board.	3431

(2) Hold public hearings at times and places as determined by	3432
the board;	3433

(3) Adopt, amend, or rescind rules necessary to accomplish	3434
the duties of the board as set forth in this section;	3435

(4) Sponsor, conduct, and support such social events as the	3436
board may authorize and consider appropriate for the employees of	3437
the board, employees and members of the general assembly,	3438
employees of persons under contract with the board or otherwise	3439
engaged to perform services on the premises of capitol square, or	3440
other persons as the board may consider appropriate. Subject to	3441
the requirements of Chapter 4303. of the Revised Code, the board	3442
may provide beer, wine, and intoxicating liquor, with or without	3443
charge, for those events and may use funds only from the sale of	3444
goods and services fund to purchase the beer, wine, and	3445
intoxicating liquor the board provides;	3446

(5) Purchase a warehouse in which to store items of the	3447
capitol collection trust and, whenever necessary, equipment or	3448
other property of the board.	3449

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

3450

(1) Have sole authority to coordinate and approve any	3451
improvements, additions, and renovations that are made to the	3452
capitol square. The improvements shall include, but not be limited	3453
to, the placement of monuments and sculpture on the capitol	3454
grounds.	3455

(2) Subject to section 3353.07 of the Revised Code, operate	3456
the capitol square, and have sole authority to regulate all uses	3457
of the capitol square. The uses shall include, but not be limited	3458
to, the casual and recreational use of the capitol square.	3459

(3) Employ, fix the compensation of, and prescribe the duties	3460
of the executive director of the board and other employees the	3461
board considers necessary for the performance of its powers and	3462
duties;	3463

(4) Establish and maintain the capitol collection trust. The	3464
capitol collection trust shall consist of furniture, antiques, and	3465
other items of personal property that the board shall store in	3466
suitable facilities until they are ready to be displayed in the	3467
capitol square.	3468

(5) Perform repair, construction, contracting, purchasing,	3469
maintenance, supervisory, and operating activities the board	3470
determines are necessary for the operation and maintenance of the	3471
capitol square;	3472

(6) Maintain and preserve the capitol square, in accordance	3473
with guidelines issued by the United States secretary of the	3474
interior for application of the secretary's standards for	3475
rehabilitation adopted in 36 C.F.R. part 67;	3476

(7) Plan and develop a center at the capitol building for the	3477
purpose of educating visitors about the history of Ohio, including	3478
its political, economic, and social development and the design and	3479
erection of the capitol building and its grounds.	3480

(F)(1) The board shall lease capital facilities improved or	3481
financed by the Ohio building authority pursuant to Chapter 152.	3482
of the Revised Code for the use of the board, and may enter into	3483
any other agreements with the authority ancillary to improvement,	3484
financing, or leasing of those capital facilities, including, but	3485
not limited to, any agreement required by the applicable bond	3486
proceedings authorized by Chapter 152. of the Revised Code. Any	3487
lease of capital facilities authorized by this section shall be	3488
governed by division (D) of section 152.24 of the Revised Code.	3489

(2) Fees, receipts, and revenues received by the board from	3490
the state underground parking garage constitute available receipts	3491
as defined in section 152.09 of the Revised Code, and may be	3492
pledged to the payment of bond service charges on obligations	3493
issued by the Ohio building authority pursuant to Chapter 152. of	3494
the Revised Code to improve, finance, or purchase capital	3495
facilities useful to the board. The authority may, with the	3496
consent of the board, provide in the bond proceedings for a pledge	3497
of all or a portion of those fees, receipts, and revenues as the	3498
authority determines. The authority may provide in the bond	3499
proceedings or by separate agreement with the board for the	3500
transfer of those fees, receipts, and revenues to the appropriate	3501
bond service fund or bond service reserve fund as required to pay	3502
the bond service charges when due, and any such provision for the	3503
transfer of those fees, receipts, and revenues shall be	3504
controlling notwithstanding any other provision of law pertaining	3505
to those fees, receipts, and revenues.	3506

(3) All moneys received by the treasurer of state on account	3507
of the board and required by the applicable bond proceedings or by	3508
separate agreement with the board to be deposited, transferred, or	3509
credited to the bond service fund or bond service reserve fund	3510
established by the bond proceedings shall be transferred by the	3511
treasurer of state to such fund, whether or not it is in the	3512
custody of the treasurer of state, without necessity for further	3513
appropriation, upon receipt of notice from the Ohio building	3514
authority as prescribed in the bond proceedings.	3515

(G) All fees, receipts, and revenues received by the board	3516
from the state underground parking garage shall be deposited into	3517
the state treasury to the credit of the underground parking garage	3518
operating fund, which is hereby created, to be used for the	3519
purposes specified in division (F) of this section and for the	3520
operation and maintenance of the garage. All investment earnings	3521
of the fund shall be credited to the fund.	3522

(H) All donations received by the board shall be deposited	3523
into the state treasury to the credit of the capitol square	3524
renovation gift fund, which is hereby created. The fund shall be	3525
used by the board as follows:	3526

(1) To provide part or all of the funding related to	3527
construction, goods, or services for the renovation of the capitol	3528
square;	3529

(2) To purchase art, antiques, and artifacts for display at	3530
the capitol square;	3531

(3) To award contracts or make grants to organizations for	3532
educating the public regarding the historical background and	3533
governmental functions of the capitol square. Chapters 125., 127.,	3534
and 153. and section 3517.13 of the Revised Code do not apply to	3535
purchases made exclusively from the fund, notwithstanding anything	3536
to the contrary in those chapters or that section. All investment	3537
earnings of the fund shall be credited to the fund.	3538

(I) Except as provided in divisions (G), (H), and (J) of this	3539
section, all fees, receipts, and revenues received by the board	3540
shall be deposited into the state treasury to the credit of the	3541
sale of goods and services fund, which is hereby created. Money	3542
credited to the fund shall be used solely to pay costs of the	3543
board other than those specified in divisions (F) and (G) of this	3544
section. All investment earnings of the fund shall be credited to	3545
the fund.	3546

(J) There is hereby created in the state treasury the capitol	3547
square improvement fund, to be used by the board to pay	3548
construction, renovation, and other costs related to the capitol	3549
square for which money is not otherwise available to the board.	3550
Whenever the board determines that there is a need to incur those	3551
costs and that the unencumbered, unobligated balance to the credit	3552
of the underground parking garage operating fund exceeds the	3553
amount needed for the purposes specified in division (F) of this	3554
section and for the operation and maintenance of the garage, the	3555
board may request the director of budget and management to	3556
transfer from the underground parking garage operating fund to the	3557
capitol square improvement fund the amount needed to pay such	3558
construction, renovation, or other costs. The director then shall	3559
transfer the amount needed from the excess balance of the	3560
underground parking garage operating fund.	3561

(K) As the operation and maintenance of the capitol square	3562
constitute essential government functions of a public purpose, the	3563
board shall not be required to pay taxes or assessments upon the	3564
square, upon any property acquired or used by the board under this	3565
section, or upon any income generated by the operation of the	3566
square.	3567

(L) As used in this section, "capitol square" means the	3568
capitol building, senate building, capitol atrium, capitol	3569
grounds, the state underground parking garage, and the warehouse	3570
owned by the board.	3571

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

3572

Sec. 107.09. Immediately after the determination of each	3573
decennial apportionment for members of the general assembly the	3574
governor shall cause such apportionment to be published for four	3575
consecutive weeks, or as provided in section 7.16 of the Revised	3576
Code, in three newspapers, one in Cincinnati, one in Cleveland,	3577
and one in Columbus.	3578

Sec. 109.36. As used in this section and sections 109.361 to	3579
109.366 of the Revised Code:	3580

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

3581

(a) A person who, at the time a cause of action against the	3582
person arises, is serving in an elected or appointed office or	3583
position with the state or is employed by the state.	3584

(b) A person that, at the time a cause of action against the	3585
person, partnership, or corporation arises, is rendering medical,	3586
nursing, dental, podiatric, optometric, physical therapeutic,	3587
psychiatric, or psychological services pursuant to a personal	3588
services contract or purchased service contract with a department,	3589
agency, or institution of the state.	3590

(c) A person that, at the time a cause of action against the	3591
person, partnership, or corporation arises, is rendering peer	3592
review, utilization review, or drug utilization review services in	3593
relation to medical, nursing, dental, podiatric, optometric,	3594
physical therapeutic, psychiatric, or psychological services	3595
pursuant to a personal services contract or purchased service	3596
contract with a department, agency, or institution of the state.	3597

(d) A person who, at the time a cause of action against the	3598
person arises, is rendering medical, nursing, dental, podiatric,	3599
optometric, physical therapeutic, psychiatric, or psychological	3600
services to patients in a state institution operated by the	3601
department of mental health~~, is a member of the institution's~~	3602
~~staff, and is performing the services~~ pursuant to an agreement	3603
~~between the state institution and a board of alcohol, drug~~	3604
~~addiction, and mental health services described in section 340.021~~	3605
~~of the Revised Code~~with the department.	3606

(2) "Officer or employee" does not include any person	3607
elected, appointed, or employed by any political subdivision of	3608
the state.	3609

(B) "State" means the state of Ohio, including but not	3610
limited to, the general assembly, the supreme court, courts of	3611
appeals, the offices of all elected state officers, and all	3612
departments, boards, offices, commissions, agencies, institutions,	3613
and other instrumentalities of the state of Ohio. "State" does not	3614
include political subdivisions.	3615

(C) "Political subdivisions" of the state means municipal	3616
corporations, townships, counties, school districts, and all other	3617
bodies corporate and politic responsible for governmental	3618
activities only in geographical areas smaller than that of the	3619
state.	3620

(D) "Employer" means the general assembly, the supreme court,	3621
courts of appeals, any office of an elected state officer, or any	3622
department, board, office, commission, agency, institution, or	3623
other instrumentality of the state of Ohio that employs or	3624
contracts with an officer or employee or to which an officer or	3625
employee is elected or appointed.	3626

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

3627

(1) "Designee" means a designee of the elected official in	3628
the public office if that elected official is the only elected	3629
official in the public office involved or a designee of all of the	3630
elected officials in the public office if the public office	3631
involved includes more than one elected official.	3632

(2) "Elected official" means an official elected to a local	3633
or statewide office. "Elected official" does not include the chief	3634
justice or a justice of the supreme court, a judge of a court of	3635
appeals, court of common pleas, municipal court, or county court,	3636
or a clerk of any of those courts.	3637

(3) "Public office" has the same meaning as in section	3638
149.011 of the Revised Code.	3639

(4) "Public record" has the same meaning as in section 149.43	3640
of the Revised Code.	3641

(B) The attorney general shall develop, provide, and certify	3642
training programs and seminars for all elected officials or their	3643
appropriate designees in order to enhance the officials' knowledge	3644
of the duty to provide access to public records as required by	3645
section 149.43 of the Revised Code. The training shall be three	3646
hours for every term of office for which the elected official was	3647
appointed or elected to the public office involved. The training	3648
shall provide elected officials or their appropriate designees	3649
with guidance in developing and updating their offices' policies	3650
as required under section 149.43 of the Revised Code. The	3651
successful completion by an elected official or by an elected	3652
official's appropriate designee of the training requirements	3653
established by the attorney general under this section shall	3654
satisfy the education requirements imposed on elected officials or	3655
their appropriate designees under division (E) of section 149.43	3656
of the Revised Code. Prior to providing the training programs and	3657
seminars under this section to satisfy the education requirements	3658
imposed on elected officials or their appropriate designees under	3659
division (E) of section 149.43 of the Revised Code, the attorney	3660
general shall ensure that the training programs and seminars are	3661
accredited by the commission on continuing legal education	3662
established by the supreme court.	3663

(C) The attorney general shall not charge any elected	3664
official or the appropriate designee of any elected official any	3665
fee for attending the training programs and seminars that the	3666
attorney general conducts under this section. The attorney general	3667
may allow the attendance of any other interested persons at any of	3668
the training programs or seminars that the attorney general	3669
conducts under this section and shall not charge the person any	3670
fee for attending the training program or seminar.	3671

(D) In addition to developing, providing, and certifying	3672
training programs and seminars as required under division (B) of	3673
this section, the attorney general may contract with one or more	3674
other state agencies, political subdivisions, or other public or	3675
private entities to conduct the training programs and seminars for	3676
elected officials or their appropriate designees under this	3677
section. The contract may provide for the attendance of any other	3678
interested persons at any of the training programs or seminars	3679
conducted by the contracting state agency, political subdivision,	3680
or other public or private entity. The contracting state agency,	3681
political subdivision, or other public or private entity may	3682
charge an elected official, an elected official's appropriate	3683
designee, or an interested person a registration fee for attending	3684
the training program or seminar conducted by that contracting	3685
agency, political subdivision, or entity pursuant to a contract	3686
entered into under this division. The attorney general shall	3687
determine a reasonable amount for the registration fee based on	3688
the actual and necessary expenses associated with the training	3689
programs and seminars. If the contracting state agency, political	3690
subdivision, or other public or private entity charges an elected	3691
official or an elected official's appropriate designee a	3692
registration fee for attending the training program or seminar	3693
conducted pursuant to a contract entered into under this division	3694
by that contracting agency, political subdivision, or entity, the	3695
public office for which the elected official was appointed or	3696
elected to represent may use the public office's own funds to pay	3697
for the cost of the registration fee.	3698

(E) The attorney general shall develop and provide to all	3699
public offices a model public records policy for responding to	3700
public records requests in compliance with section 149.43 of the	3701
Revised Code in order to provide guidance to public offices in	3702
developing their own public record policies for responding to	3703
public records requests in compliance with that section.	3704

(F) The attorney general may provide any other appropriate	3705
training or educational programs about Ohio's "Sunshine Laws,"	3706
sections 121.22, 149.38, 149.381, and 149.43 of the Revised Code,	3707
as may be developed and offered by the attorney general or by the	3708
attorney general in collaboration with one or more other state	3709
agencies, political subdivisions, or other public or private	3710
entities.	3711

(G) The auditor of state, in the course of an annual or	3712
biennial audit of a public office pursuant to Chapter 117. of the	3713
Revised Code, shall audit the public office for compliance with	3714
this section and division (E) of section 149.43 of the Revised	3715
Code.	3716

Sec. 109.57. (A)(1) The superintendent of the bureau of	3717
criminal identification and investigation shall procure from	3718
wherever procurable and file for record photographs, pictures,	3719
descriptions, fingerprints, measurements, and other information	3720
that may be pertinent of all persons who have been convicted of	3721
committing within this state a felony, any crime constituting a	3722
misdemeanor on the first offense and a felony on subsequent	3723
offenses, or any misdemeanor described in division (A)(1)(a),	3724
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	3725
of all children under eighteen years of age who have been	3726
adjudicated delinquent children for committing within this state	3727
an act that would be a felony or an offense of violence if	3728
committed by an adult or who have been convicted of or pleaded	3729
guilty to committing within this state a felony or an offense of	3730
violence, and of all well-known and habitual criminals. The person	3731
in charge of any county, multicounty, municipal, municipal-county,	3732
or multicounty-municipal jail or workhouse, community-based	3733
correctional facility, halfway house, alternative residential	3734
facility, or state correctional institution and the person in	3735
charge of any state institution having custody of a person	3736
suspected of having committed a felony, any crime constituting a	3737
misdemeanor on the first offense and a felony on subsequent	3738
offenses, or any misdemeanor described in division (A)(1)(a),	3739
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	3740
having custody of a child under eighteen years of age with respect	3741
to whom there is probable cause to believe that the child may have	3742
committed an act that would be a felony or an offense of violence	3743
if committed by an adult shall furnish such material to the	3744
superintendent of the bureau. Fingerprints, photographs, or other	3745
descriptive information of a child who is under eighteen years of	3746
age, has not been arrested or otherwise taken into custody for	3747
committing an act that would be a felony or an offense of violence	3748
who is not in any other category of child specified in this	3749
division, if committed by an adult, has not been adjudicated a	3750
delinquent child for committing an act that would be a felony or	3751
an offense of violence if committed by an adult, has not been	3752
convicted of or pleaded guilty to committing a felony or an	3753
offense of violence, and is not a child with respect to whom there	3754
is probable cause to believe that the child may have committed an	3755
act that would be a felony or an offense of violence if committed	3756
by an adult shall not be procured by the superintendent or	3757
furnished by any person in charge of any county, multicounty,	3758
municipal, municipal-county, or multicounty-municipal jail or	3759
workhouse, community-based correctional facility, halfway house,	3760
alternative residential facility, or state correctional	3761
institution, except as authorized in section 2151.313 of the	3762
Revised Code.	3763

(2) Every clerk of a court of record in this state, other	3764
than the supreme court or a court of appeals, shall send to the	3765
superintendent of the bureau a weekly report containing a summary	3766
of each case involving a felony, involving any crime constituting	3767
a misdemeanor on the first offense and a felony on subsequent	3768
offenses, involving a misdemeanor described in division (A)(1)(a),	3769
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	3770
or involving an adjudication in a case in which a child under	3771
eighteen years of age was alleged to be a delinquent child for	3772
committing an act that would be a felony or an offense of violence	3773
if committed by an adult. The clerk of the court of common pleas	3774
shall include in the report and summary the clerk sends under this	3775
division all information described in divisions (A)(2)(a) to (f)	3776
of this section regarding a case before the court of appeals that	3777
is served by that clerk. The summary shall be written on the	3778
standard forms furnished by the superintendent pursuant to	3779
division (B) of this section and shall include the following	3780
information:	3781

(a) The incident tracking number contained on the standard	3782
forms furnished by the superintendent pursuant to division (B) of	3783
this section;	3784

(b) The style and number of the case;

3785

3786

(d) The date that the person was convicted of or pleaded	3787
guilty to the offense, adjudicated a delinquent child for	3788
committing the act that would be a felony or an offense of	3789
violence if committed by an adult, found not guilty of the	3790
offense, or found not to be a delinquent child for committing an	3791
act that would be a felony or an offense of violence if committed	3792
by an adult, the date of an entry dismissing the charge, an entry	3793
declaring a mistrial of the offense in which the person is	3794
discharged, an entry finding that the person or child is not	3795
competent to stand trial, or an entry of a nolle prosequi, or the	3796
date of any other determination that constitutes final resolution	3797
of the case;	3798

(e) A statement of the original charge with the section of	3799
the Revised Code that was alleged to be violated;	3800

(f) If the person or child was convicted, pleaded guilty, or	3801
was adjudicated a delinquent child, the sentence or terms of	3802
probation imposed or any other disposition of the offender or the	3803
delinquent child.	3804

If the offense involved the disarming of a law enforcement	3805
officer or an attempt to disarm a law enforcement officer, the	3806
clerk shall clearly state that fact in the summary, and the	3807
superintendent shall ensure that a clear statement of that fact is	3808
placed in the bureau's records.	3809

(3) The superintendent shall cooperate with and assist	3810
sheriffs, chiefs of police, and other law enforcement officers in	3811
the establishment of a complete system of criminal identification	3812
and in obtaining fingerprints and other means of identification of	3813
all persons arrested on a charge of a felony, any crime	3814
constituting a misdemeanor on the first offense and a felony on	3815
subsequent offenses, or a misdemeanor described in division	3816
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	3817
Revised Code and of all children under eighteen years of age	3818
arrested or otherwise taken into custody for committing an act	3819
that would be a felony or an offense of violence if committed by	3820
an adult. The superintendent also shall file for record the	3821
fingerprint impressions of all persons confined in a county,	3822
multicounty, municipal, municipal-county, or multicounty-municipal	3823
jail or workhouse, community-based correctional facility, halfway	3824
house, alternative residential facility, or state correctional	3825
institution for the violation of state laws and of all children	3826
under eighteen years of age who are confined in a county,	3827
multicounty, municipal, municipal-county, or multicounty-municipal	3828
jail or workhouse, community-based correctional facility, halfway	3829
house, alternative residential facility, or state correctional	3830
institution or in any facility for delinquent children for	3831
committing an act that would be a felony or an offense of violence	3832
if committed by an adult, and any other information that the	3833
superintendent may receive from law enforcement officials of the	3834
state and its political subdivisions.	3835

(4) The superintendent shall carry out Chapter 2950. of the	3836
Revised Code with respect to the registration of persons who are	3837
convicted of or plead guilty to a sexually oriented offense or a	3838
child-victim oriented offense and with respect to all other duties	3839
imposed on the bureau under that chapter.	3840

(5) The bureau shall perform centralized recordkeeping	3841
functions for criminal history records and services in this state	3842
for purposes of the national crime prevention and privacy compact	3843
set forth in section 109.571 of the Revised Code and is the	3844
criminal history record repository as defined in that section for	3845
purposes of that compact. The superintendent or the	3846
superintendent's designee is the compact officer for purposes of	3847
that compact and shall carry out the responsibilities of the	3848
compact officer specified in that compact.	3849

(B) The superintendent shall prepare and furnish to every	3850
county, multicounty, municipal, municipal-county, or	3851
multicounty-municipal jail or workhouse, community-based	3852
correctional facility, halfway house, alternative residential	3853
facility, or state correctional institution and to every clerk of	3854
a court in this state specified in division (A)(2) of this section	3855
standard forms for reporting the information required under	3856
division (A) of this section. The standard forms that the	3857
superintendent prepares pursuant to this division may be in a	3858
tangible format, in an electronic format, or in both tangible	3859
formats and electronic formats.	3860

(C)(1) The superintendent may operate a center for	3861
electronic, automated, or other data processing for the storage	3862
and retrieval of information, data, and statistics pertaining to	3863
criminals and to children under eighteen years of age who are	3864
adjudicated delinquent children for committing an act that would	3865
be a felony or an offense of violence if committed by an adult,	3866
criminal activity, crime prevention, law enforcement, and criminal	3867
justice, and may establish and operate a statewide communications	3868
network to be known as the Ohio law enforcement gateway to gather	3869
and disseminate information, data, and statistics for the use of	3870
law enforcement agencies and for other uses specified in this	3871
division. The superintendent may gather, store, retrieve, and	3872
disseminate information, data, and statistics that pertain to	3873
children who are under eighteen years of age and that are gathered	3874
pursuant to sections 109.57 to 109.61 of the Revised Code together	3875
with information, data, and statistics that pertain to adults and	3876
that are gathered pursuant to those sections.	3877

(2) The superintendent or the superintendent's designee shall	3878
gather information of the nature described in division (C)(1) of	3879
this section that pertains to the offense and delinquency history	3880
of a person who has been convicted of, pleaded guilty to, or been	3881
adjudicated a delinquent child for committing a sexually oriented	3882
offense or a child-victim oriented offense for inclusion in the	3883
state registry of sex offenders and child-victim offenders	3884
maintained pursuant to division (A)(1) of section 2950.13 of the	3885
Revised Code and in the internet database operated pursuant to	3886
division (A)(13) of that section and for possible inclusion in the	3887
internet database operated pursuant to division (A)(11) of that	3888
section.	3889

(3) In addition to any other authorized use of information,	3890
data, and statistics of the nature described in division (C)(1) of	3891
this section, the superintendent or the superintendent's designee	3892
may provide and exchange the information, data, and statistics	3893
pursuant to the national crime prevention and privacy compact as	3894
described in division (A)(5) of this section.	3895

(4) The attorney general may adopt rules under Chapter 119.	3896
of the Revised Code establishing guidelines for the operation of	3897
and participation in the Ohio law enforcement gateway. The rules	3898
may include criteria for granting and restricting access to	3899
information gathered and disseminated through the Ohio law	3900
enforcement gateway. The attorney general shall permit the state	3901
medical board and board of nursing to access and view, but not	3902
alter, information gathered and disseminated through the Ohio law	3903
enforcement gateway.	3904

The attorney general may appoint a steering committee to	3905
advise the attorney general in the operation of the Ohio law	3906
enforcement gateway that is comprised of persons who are	3907
representatives of the criminal justice agencies in this state	3908
that use the Ohio law enforcement gateway and is chaired by the	3909
superintendent or the superintendent's designee.	3910

(D)(1) The following are not public records under section	3911
149.43 of the Revised Code:	3912

(a) Information and materials furnished to the superintendent	3913
pursuant to division (A) of this section;	3914

(b) Information, data, and statistics gathered or	3915
disseminated through the Ohio law enforcement gateway pursuant to	3916
division (C)(1) of this section;	3917

(c) Information and materials furnished to any board or	3918
person under division (F) or (G) of this section.	3919

(2) The superintendent or the superintendent's designee shall	3920
gather and retain information so furnished under division (A) of	3921
this section that pertains to the offense and delinquency history	3922
of a person who has been convicted of, pleaded guilty to, or been	3923
adjudicated a delinquent child for committing a sexually oriented	3924
offense or a child-victim oriented offense for the purposes	3925
described in division (C)(2) of this section.	3926

(E) The attorney general shall adopt rules, in accordance	3927
with Chapter 119. of the Revised Code, setting forth the procedure	3928
by which a person may receive or release information gathered by	3929
the superintendent pursuant to division (A) of this section. A	3930
reasonable fee may be charged for this service. If a temporary	3931
employment service submits a request for a determination of	3932
whether a person the service plans to refer to an employment	3933
position has been convicted of or pleaded guilty to an offense	3934
listed in division (A)(1), (3), (4), (5), or (6) of section	3935
109.572 of the Revised Code, the request shall be treated as a	3936
single request and only one fee shall be charged.	3937

(F)(1) As used in division (F)(2) of this section, "head	3938
start agency" means an entity in this state that has been approved	3939
to be an agency for purposes of subchapter II of the "Community	3940
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	3941
as amended.	3942

(2)(a) In addition to or in conjunction with any request that	3943
is required to be made under section 109.572, 2151.86, 3301.32,	3944
3301.541, division (C) of section 3310.58, or section 3319.39,	3945
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,	3946
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made	3947
under section 3314.41, 3319.392, or 3326.25, or 3328.20 of the	3948
Revised Code, the board of education of any school district; the	3949
director of developmental disabilities; any county board of	3950
developmental disabilities; any entity under contract with a	3951
county board of developmental disabilities; the chief	3952
administrator of any chartered nonpublic school; the chief	3953
administrator of a registered private provider that is not also a	3954
chartered nonpublic school; the chief administrator of any home	3955
health agency; the chief administrator of or person operating any	3956
child day-care center, type A family day-care home, or type B	3957
family day-care home licensed or certified under Chapter 5104. of	3958
the Revised Code; the administrator of any type C family day-care	3959
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	3960
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	3961
general assembly; the chief administrator of any head start	3962
agency; the executive director of a public children services	3963
agency; a private company described in section 3314.41, 3319.392,	3964
or 3326.25, or 3328.20 of the Revised Code; or an employer	3965
described in division (J)(2) of section 3327.10 of the Revised	3966
Code may request that the superintendent of the bureau investigate	3967
and determine, with respect to any individual who has applied for	3968
employment in any position after October 2, 1989, or any	3969
individual wishing to apply for employment with a board of	3970
education may request, with regard to the individual, whether the	3971
bureau has any information gathered under division (A) of this	3972
section that pertains to that individual. On receipt of the	3973
request, the superintendent shall determine whether that	3974
information exists and, upon request of the person, board, or	3975
entity requesting information, also shall request from the federal	3976
bureau of investigation any criminal records it has pertaining to	3977
that individual. The superintendent or the superintendent's	3978
designee also may request criminal history records from other	3979
states or the federal government pursuant to the national crime	3980
prevention and privacy compact set forth in section 109.571 of the	3981
Revised Code. Within thirty days of the date that the	3982
superintendent receives a request, the superintendent shall send	3983
to the board, entity, or person a report of any information that	3984
the superintendent determines exists, including information	3985
contained in records that have been sealed under section 2953.32	3986
of the Revised Code, and, within thirty days of its receipt, shall	3987
send the board, entity, or person a report of any information	3988
received from the federal bureau of investigation, other than	3989
information the dissemination of which is prohibited by federal	3990
law.	3991

(b) When a board of education or a registered private	3992
provider is required to receive information under this section as	3993
a prerequisite to employment of an individual pursuant to division	3994
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	3995
may accept a certified copy of records that were issued by the	3996
bureau of criminal identification and investigation and that are	3997
presented by an individual applying for employment with the	3998
district in lieu of requesting that information itself. In such a	3999
case, the board shall accept the certified copy issued by the	4000
bureau in order to make a photocopy of it for that individual's	4001
employment application documents and shall return the certified	4002
copy to the individual. In a case of that nature, a district or	4003
provider only shall accept a certified copy of records of that	4004
nature within one year after the date of their issuance by the	4005
bureau.	4006

(c) Notwithstanding division (F)(2)(a) of this section, in	4007
the case of a request under section 3319.39, 3319.391, or 3327.10	4008
of the Revised Code only for criminal records maintained by the	4009
federal bureau of investigation, the superintendent shall not	4010
determine whether any information gathered under division (A) of	4011
this section exists on the person for whom the request is made.	4012

(3) The state board of education may request, with respect to	4013
any individual who has applied for employment after October 2,	4014
1989, in any position with the state board or the department of	4015
education, any information that a school district board of	4016
education is authorized to request under division (F)(2) of this	4017
section, and the superintendent of the bureau shall proceed as if	4018
the request has been received from a school district board of	4019
education under division (F)(2) of this section.	4020

(4) When the superintendent of the bureau receives a request	4021
for information under section 3319.291 of the Revised Code, the	4022
superintendent shall proceed as if the request has been received	4023
from a school district board of education and shall comply with	4024
divisions (F)(2)(a) and (c) of this section.	4025

(5) When a recipient of a classroom reading improvement grant	4026
paid under section 3301.86 of the Revised Code requests, with	4027
respect to any individual who applies to participate in providing	4028
any program or service funded in whole or in part by the grant,	4029
the information that a school district board of education is	4030
authorized to request under division (F)(2)(a) of this section,	4031
the superintendent of the bureau shall proceed as if the request	4032
has been received from a school district board of education under	4033
division (F)(2)(a) of this section.	4034

(G) In addition to or in conjunction with any request that is	4035
required to be made under section 3701.881, 3712.09, 3721.121,	4036
5119.693, or ~~3722.151~~5119.85 of the Revised Code with respect to	4037
an individual who has applied for employment in a position that	4038
involves providing direct care to an older adult or adult	4039
resident, the chief administrator of a home health agency, hospice	4040
care program, home licensed under Chapter 3721. of the Revised	4041
Code, adult day-care program operated pursuant to rules adopted	4042
under section 3721.04 of the Revised Code, adult foster home, or	4043
adult care facility may request that the superintendent of the	4044
bureau investigate and determine, with respect to any individual	4045
who has applied after January 27, 1997, for employment in a	4046
position that does not involve providing direct care to an older	4047
adult or adult resident, whether the bureau has any information	4048
gathered under division (A) of this section that pertains to that	4049
individual.	4050

In addition to or in conjunction with any request that is	4051
required to be made under section 173.27 of the Revised Code with	4052
respect to an individual who has applied for employment in a	4053
position that involves providing ombudsperson services to	4054
residents of long-term care facilities or recipients of	4055
community-based long-term care services, the state long-term care	4056
ombudsperson, ombudsperson's designee, or director of health may	4057
request that the superintendent investigate and determine, with	4058
respect to any individual who has applied for employment in a	4059
position that does not involve providing such ombudsperson	4060
services, whether the bureau has any information gathered under	4061
division (A) of this section that pertains to that applicant.	4062

In addition to or in conjunction with any request that is	4063
required to be made under section 173.394 of the Revised Code with	4064
respect to an individual who has applied for employment in a	4065
position that involves providing direct care to an individual, the	4066
chief administrator of a community-based long-term care agency may	4067
request that the superintendent investigate and determine, with	4068
respect to any individual who has applied for employment in a	4069
position that does not involve providing direct care, whether the	4070
bureau has any information gathered under division (A) of this	4071
section that pertains to that applicant.	4072

On receipt of a request under this division, the	4073
superintendent shall determine whether that information exists	4074
and, on request of the individual requesting information, shall	4075
also request from the federal bureau of investigation any criminal	4076
records it has pertaining to the applicant. The superintendent or	4077
the superintendent's designee also may request criminal history	4078
records from other states or the federal government pursuant to	4079
the national crime prevention and privacy compact set forth in	4080
section 109.571 of the Revised Code. Within thirty days of the	4081
date a request is received, the superintendent shall send to the	4082
requester a report of any information determined to exist,	4083
including information contained in records that have been sealed	4084
under section 2953.32 of the Revised Code, and, within thirty days	4085
of its receipt, shall send the requester a report of any	4086
information received from the federal bureau of investigation,	4087
other than information the dissemination of which is prohibited by	4088
federal law.	4089

(H) Information obtained by a government entity or person	4090
under this section is confidential and shall not be released or	4091
disseminated.	4092

(I) The superintendent may charge a reasonable fee for	4093
providing information or criminal records under division (F)(2) or	4094
(G) of this section.	4095

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

4096

(1) "Sexually oriented offense" and "child-victim oriented	4097
offense" have the same meanings as in section 2950.01 of the	4098
Revised Code.	4099

(2) "Registered private provider" means a nonpublic school or	4100
entity registered with the superintendent of public instruction	4101
under section 3310.41 of the Revised Code to participate in the	4102
autism scholarship program or section 3310.58 of the Revised Code	4103
to participate in the Jon Peterson special needs scholarship	4104
program.	4105

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	4106
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	4107
a completed form prescribed pursuant to division (C)(1) of this	4108
section, and a set of fingerprint impressions obtained in the	4109
manner described in division (C)(2) of this section, the	4110
superintendent of the bureau of criminal identification and	4111
investigation shall conduct a criminal records check in the manner	4112
described in division (B) of this section to determine whether any	4113
information exists that indicates that the person who is the	4114
subject of the request previously has been convicted of or pleaded	4115
guilty to any of the following:	4116

(a) A violation of section 2903.01, 2903.02, 2903.03,	4117
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4118
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	4119
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	4120
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	4121
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	4122
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	4123
2925.06, or 3716.11 of the Revised Code, felonious sexual	4124
penetration in violation of former section 2907.12 of the Revised	4125
Code, a violation of section 2905.04 of the Revised Code as it	4126
existed prior to July 1, 1996, a violation of section 2919.23 of	4127
the Revised Code that would have been a violation of section	4128
2905.04 of the Revised Code as it existed prior to July 1, 1996,	4129
had the violation been committed prior to that date, or a	4130
violation of section 2925.11 of the Revised Code that is not a	4131
minor drug possession offense;	4132

(b) A violation of an existing or former law of this state,	4133
any other state, or the United States that is substantially	4134
equivalent to any of the offenses listed in division (A)(1)(a) of	4135
this section.	4136

(2) On receipt of a request pursuant to section 5123.081 of	4137
the Revised Code with respect to an applicant for employment in	4138
any position with the department of developmental disabilities,	4139
pursuant to section 5126.28 of the Revised Code with respect to an	4140
applicant for employment in any position with a county board of	4141
developmental disabilities, or pursuant to section 5126.281 of the	4142
Revised Code with respect to an applicant for employment in a	4143
direct services position with an entity contracting with a county	4144
board for employment, a completed form prescribed pursuant to	4145
division (C)(1) of this section, and a set of fingerprint	4146
impressions obtained in the manner described in division (C)(2) of	4147
this section, the superintendent of the bureau of criminal	4148
identification and investigation shall conduct a criminal records	4149
check. The superintendent shall conduct the criminal records check	4150
in the manner described in division (B) of this section to	4151
determine whether any information exists that indicates that the	4152
person who is the subject of the request has been convicted of or	4153
pleaded guilty to any of the following:	4154

(a) A violation of section 2903.01, 2903.02, 2903.03,	4155
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4156
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	4157
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	4158
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	4159
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	4160
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	4161
2925.03, or 3716.11 of the Revised Code;	4162

(b) An existing or former municipal ordinance or law of this	4163
state, any other state, or the United States that is substantially	4164
equivalent to any of the offenses listed in division (A)(2)(a) of	4165
this section.	4166

(3) On receipt of a request pursuant to section 173.27,	4167
173.394, 3712.09, 3721.121, 5119.693, or ~~3722.151~~5119.85 of the	4168
Revised Code, a completed form prescribed pursuant to division	4169
(C)(1) of this section, and a set of fingerprint impressions	4170
obtained in the manner described in division (C)(2) of this	4171
section, the superintendent of the bureau of criminal	4172
identification and investigation shall conduct a criminal records	4173
check with respect to any person who has applied for employment in	4174
a position for which a criminal records check is required by those	4175
sections. The superintendent shall conduct the criminal records	4176
check in the manner described in division (B) of this section to	4177
determine whether any information exists that indicates that the	4178
person who is the subject of the request previously has been	4179
convicted of or pleaded guilty to any of the following:	4180

(a) A violation of section 2903.01, 2903.02, 2903.03,	4181
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4182
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	4183
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	4184
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	4185
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	4186
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	4187
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	4188
2925.22, 2925.23, or 3716.11 of the Revised Code;	4189

(b) An existing or former law of this state, any other state,	4190
or the United States that is substantially equivalent to any of	4191
the offenses listed in division (A)(3)(a) of this section.	4192

(4) On receipt of a request pursuant to section 3701.881 of	4193
the Revised Code with respect to an applicant for employment with	4194
a home health agency as a person responsible for the care,	4195
custody, or control of a child, a completed form prescribed	4196
pursuant to division (C)(1) of this section, and a set of	4197
fingerprint impressions obtained in the manner described in	4198
division (C)(2) of this section, the superintendent of the bureau	4199
of criminal identification and investigation shall conduct a	4200
criminal records check. The superintendent shall conduct the	4201
criminal records check in the manner described in division (B) of	4202
this section to determine whether any information exists that	4203
indicates that the person who is the subject of the request	4204
previously has been convicted of or pleaded guilty to any of the	4205
following:	4206

(a) A violation of section 2903.01, 2903.02, 2903.03,	4207
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4208
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	4209
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	4210
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	4211
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	4212
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	4213
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	4214
violation of section 2925.11 of the Revised Code that is not a	4215
minor drug possession offense;	4216

(b) An existing or former law of this state, any other state,	4217
or the United States that is substantially equivalent to any of	4218
the offenses listed in division (A)(4)(a) of this section.	4219

(5) On receipt of a request pursuant to section 5111.032,	4220
5111.033, or 5111.034 of the Revised Code, a completed form	4221
prescribed pursuant to division (C)(1) of this section, and a set	4222
of fingerprint impressions obtained in the manner described in	4223
division (C)(2) of this section, the superintendent of the bureau	4224
of criminal identification and investigation shall conduct a	4225
criminal records check. The superintendent shall conduct the	4226
criminal records check in the manner described in division (B) of	4227
this section to determine whether any information exists that	4228
indicates that the person who is the subject of the request	4229
previously has been convicted of, has pleaded guilty to, or has	4230
been found eligible for intervention in lieu of conviction for any	4231
of the following, regardless of the date of the conviction, the	4232
date of entry of the guilty plea, or the date the person was found	4233
eligible for intervention in lieu of conviction:	4234

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	4235
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	4236
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	4237
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	4238
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	4239
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	4240
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	4241
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	4242
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	4243
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	4244
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	4245
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	4246
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	4247
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	4248
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	4249
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual	4250
penetration in violation of former section 2907.12 of the Revised	4251
Code, a violation of section 2905.04 of the Revised Code as it	4252
existed prior to July 1, 1996, a violation of section 2919.23 of	4253
the Revised Code that would have been a violation of section	4254
2905.04 of the Revised Code as it existed prior to July 1, 1996,	4255
had the violation been committed prior to that date;	4256

(b) A violation of an existing or former municipal ordinance	4257
or law of this state, any other state, or the United States that	4258
is substantially equivalent to any of the offenses listed in	4259
division (A)(5)(a) of this section.	4260

(6) On receipt of a request pursuant to section 3701.881 of	4261
the Revised Code with respect to an applicant for employment with	4262
a home health agency in a position that involves providing direct	4263
care to an older adult, a completed form prescribed pursuant to	4264
division (C)(1) of this section, and a set of fingerprint	4265
impressions obtained in the manner described in division (C)(2) of	4266
this section, the superintendent of the bureau of criminal	4267
identification and investigation shall conduct a criminal records	4268
check. The superintendent shall conduct the criminal records check	4269
in the manner described in division (B) of this section to	4270
determine whether any information exists that indicates that the	4271
person who is the subject of the request previously has been	4272
convicted of or pleaded guilty to any of the following:	4273

(a) A violation of section 2903.01, 2903.02, 2903.03,	4274
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4275
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	4276
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	4277
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	4278
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	4279
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	4280
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	4281
2925.22, 2925.23, or 3716.11 of the Revised Code;	4282

(b) An existing or former law of this state, any other state,	4283
or the United States that is substantially equivalent to any of	4284
the offenses listed in division (A)(6)(a) of this section.	4285

(7) When conducting a criminal records check upon a request	4286
pursuant to section 3319.39 of the Revised Code for an applicant	4287
who is a teacher, in addition to the determination made under	4288
division (A)(1) of this section, the superintendent shall	4289
determine whether any information exists that indicates that the	4290
person who is the subject of the request previously has been	4291
convicted of or pleaded guilty to any offense specified in section	4292
3319.31 of the Revised Code.	4293

(8) On receipt of a request pursuant to section 2151.86 of	4294
the Revised Code, a completed form prescribed pursuant to division	4295
(C)(1) of this section, and a set of fingerprint impressions	4296
obtained in the manner described in division (C)(2) of this	4297
section, the superintendent of the bureau of criminal	4298
identification and investigation shall conduct a criminal records	4299
check in the manner described in division (B) of this section to	4300
determine whether any information exists that indicates that the	4301
person who is the subject of the request previously has been	4302
convicted of or pleaded guilty to any of the following:	4303

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	4304
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	4305
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	4306
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	4307
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	4308
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	4309
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	4310
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	4311
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	4312
of the Revised Code, a violation of section 2905.04 of the Revised	4313
Code as it existed prior to July 1, 1996, a violation of section	4314
2919.23 of the Revised Code that would have been a violation of	4315
section 2905.04 of the Revised Code as it existed prior to July 1,	4316
1996, had the violation been committed prior to that date, a	4317
violation of section 2925.11 of the Revised Code that is not a	4318
minor drug possession offense, two or more OVI or OVUAC violations	4319
committed within the three years immediately preceding the	4320
submission of the application or petition that is the basis of the	4321
request, or felonious sexual penetration in violation of former	4322
section 2907.12 of the Revised Code;	4323

(b) A violation of an existing or former law of this state,	4324
any other state, or the United States that is substantially	4325
equivalent to any of the offenses listed in division (A)(8)(a) of	4326
this section.	4327

(9) Upon receipt of a request pursuant to section 5104.012 or	4328
5104.013 of the Revised Code, a completed form prescribed pursuant	4329
to division (C)(1) of this section, and a set of fingerprint	4330
impressions obtained in the manner described in division (C)(2) of	4331
this section, the superintendent of the bureau of criminal	4332
identification and investigation shall conduct a criminal records	4333
check in the manner described in division (B) of this section to	4334
determine whether any information exists that indicates that the	4335
person who is the subject of the request has been convicted of or	4336
pleaded guilty to any of the following:	4337

(a) A violation of section 2903.01, 2903.02, 2903.03,	4338
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	4339
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	4340
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	4341
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	4342
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	4343
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	4344
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	4345
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	4346
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	4347
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	4348
3716.11 of the Revised Code, felonious sexual penetration in	4349
violation of former section 2907.12 of the Revised Code, a	4350
violation of section 2905.04 of the Revised Code as it existed	4351
prior to July 1, 1996, a violation of section 2919.23 of the	4352
Revised Code that would have been a violation of section 2905.04	4353
of the Revised Code as it existed prior to July 1, 1996, had the	4354
violation been committed prior to that date, a violation of	4355
section 2925.11 of the Revised Code that is not a minor drug	4356
possession offense, a violation of section 2923.02 or 2923.03 of	4357
the Revised Code that relates to a crime specified in this	4358
division, or a second violation of section 4511.19 of the Revised	4359
Code within five years of the date of application for licensure or	4360
certification.	4361

(b) A violation of an existing or former law of this state,	4362
any other state, or the United States that is substantially	4363
equivalent to any of the offenses or violations described in	4364
division (A)(9)(a) of this section.	4365

(10) Upon receipt of a request pursuant to section 5153.111	4366
of the Revised Code, a completed form prescribed pursuant to	4367
division (C)(1) of this section, and a set of fingerprint	4368
impressions obtained in the manner described in division (C)(2) of	4369
this section, the superintendent of the bureau of criminal	4370
identification and investigation shall conduct a criminal records	4371
check in the manner described in division (B) of this section to	4372
determine whether any information exists that indicates that the	4373
person who is the subject of the request previously has been	4374
convicted of or pleaded guilty to any of the following:	4375

(a) A violation of section 2903.01, 2903.02, 2903.03,	4376
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4377
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	4378
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	4379
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	4380
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	4381
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	4382
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	4383
felonious sexual penetration in violation of former section	4384
2907.12 of the Revised Code, a violation of section 2905.04 of the	4385
Revised Code as it existed prior to July 1, 1996, a violation of	4386
section 2919.23 of the Revised Code that would have been a	4387
violation of section 2905.04 of the Revised Code as it existed	4388
prior to July 1, 1996, had the violation been committed prior to	4389
that date, or a violation of section 2925.11 of the Revised Code	4390
that is not a minor drug possession offense;	4391

(b) A violation of an existing or former law of this state,	4392
any other state, or the United States that is substantially	4393
equivalent to any of the offenses listed in division (A)(10)(a) of	4394
this section.	4395

(11) On receipt of a request for a criminal records check	4396
from an individual pursuant to section 4749.03 or 4749.06 of the	4397
Revised Code, accompanied by a completed copy of the form	4398
prescribed in division (C)(1) of this section and a set of	4399
fingerprint impressions obtained in a manner described in division	4400
(C)(2) of this section, the superintendent of the bureau of	4401
criminal identification and investigation shall conduct a criminal	4402
records check in the manner described in division (B) of this	4403
section to determine whether any information exists indicating	4404
that the person who is the subject of the request has been	4405
convicted of or pleaded guilty to a felony in this state or in any	4406
other state. If the individual indicates that a firearm will be	4407
carried in the course of business, the superintendent shall	4408
require information from the federal bureau of investigation as	4409
described in division (B)(2) of this section. The superintendent	4410
shall report the findings of the criminal records check and any	4411
information the federal bureau of investigation provides to the	4412
director of public safety.	4413

(12) On receipt of a request pursuant to section 1321.37,	4414
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	4415
Code, a completed form prescribed pursuant to division (C)(1) of	4416
this section, and a set of fingerprint impressions obtained in the	4417
manner described in division (C)(2) of this section, the	4418
superintendent of the bureau of criminal identification and	4419
investigation shall conduct a criminal records check with respect	4420
to any person who has applied for a license, permit, or	4421
certification from the department of commerce or a division in the	4422
department. The superintendent shall conduct the criminal records	4423
check in the manner described in division (B) of this section to	4424
determine whether any information exists that indicates that the	4425
person who is the subject of the request previously has been	4426
convicted of or pleaded guilty to any of the following: a	4427
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	4428
2925.03 of the Revised Code; any other criminal offense involving	4429
theft, receiving stolen property, embezzlement, forgery, fraud,	4430
passing bad checks, money laundering, or drug trafficking, or any	4431
criminal offense involving money or securities, as set forth in	4432
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	4433
the Revised Code; or any existing or former law of this state, any	4434
other state, or the United States that is substantially equivalent	4435
to those offenses.	4436

(13) On receipt of a request for a criminal records check	4437
from the treasurer of state under section 113.041 of the Revised	4438
Code or from an individual under section 4701.08, 4715.101,	4439
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	4440
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	4441
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	4442
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	4443
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by	4444
a completed form prescribed under division (C)(1) of this section	4445
and a set of fingerprint impressions obtained in the manner	4446
described in division (C)(2) of this section, the superintendent	4447
of the bureau of criminal identification and investigation shall	4448
conduct a criminal records check in the manner described in	4449
division (B) of this section to determine whether any information	4450
exists that indicates that the person who is the subject of the	4451
request has been convicted of or pleaded guilty to any criminal	4452
offense in this state or any other state. The superintendent shall	4453
send the results of a check requested under section 113.041 of the	4454
Revised Code to the treasurer of state and shall send the results	4455
of a check requested under any of the other listed sections to the	4456
licensing board specified by the individual in the request.	4457

(14) On receipt of a request pursuant to section 1121.23,	4458
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	4459
Code, a completed form prescribed pursuant to division (C)(1) of	4460
this section, and a set of fingerprint impressions obtained in the	4461
manner described in division (C)(2) of this section, the	4462
superintendent of the bureau of criminal identification and	4463
investigation shall conduct a criminal records check in the manner	4464
described in division (B) of this section to determine whether any	4465
information exists that indicates that the person who is the	4466
subject of the request previously has been convicted of or pleaded	4467
guilty to any criminal offense under any existing or former law of	4468
this state, any other state, or the United States.	4469

(15) On receipt of a request for a criminal records check	4470
from an appointing or licensing authority under section 3772.07 of	4471
the Revised Code, a completed form prescribed under division	4472
(C)(1) of this section, and a set of fingerprint impressions	4473
obtained in the manner prescribed in division (C)(2) of this	4474
section, the superintendent of the bureau of criminal	4475
identification and investigation shall conduct a criminal records	4476
check in the manner described in division (B) of this section to	4477
determine whether any information exists that indicates that the	4478
person who is the subject of the request previously has been	4479
convicted of or pleaded guilty or no contest to any offense under	4480
any existing or former law of this state, any other state, or the	4481
United States that is a disqualifying offense as defined in	4482
section 3772.07 of the Revised Code or substantially equivalent to	4483
such an offense.	4484

(16) Not later than thirty days after the date the	4485
superintendent receives a request of a type described in division	4486
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),	4487
(14), or (15) of this section, the completed form, and the	4488
fingerprint impressions, the superintendent shall send the person,	4489
board, or entity that made the request any information, other than	4490
information the dissemination of which is prohibited by federal	4491
law, the superintendent determines exists with respect to the	4492
person who is the subject of the request that indicates that the	4493
person previously has been convicted of or pleaded guilty to any	4494
offense listed or described in division (A)(1), (2), (3), (4),	4495
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this	4496
section, as appropriate. The superintendent shall send the person,	4497
board, or entity that made the request a copy of the list of	4498
offenses specified in division (A)(1), (2), (3), (4), (5), (6),	4499
(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as	4500
appropriate. If the request was made under section 3701.881 of the	4501
Revised Code with regard to an applicant who may be both	4502
responsible for the care, custody, or control of a child and	4503
involved in providing direct care to an older adult, the	4504
superintendent shall provide a list of the offenses specified in	4505
divisions (A)(4) and (6) of this section.	4506

Not later than thirty days after the superintendent receives	4507
a request for a criminal records check pursuant to section 113.041	4508
of the Revised Code, the completed form, and the fingerprint	4509
impressions, the superintendent shall send the treasurer of state	4510
any information, other than information the dissemination of which	4511
is prohibited by federal law, the superintendent determines exist	4512
with respect to the person who is the subject of the request that	4513
indicates that the person previously has been convicted of or	4514
pleaded guilty to any criminal offense in this state or any other	4515
state.	4516

(B) The superintendent shall conduct any criminal records	4517
check requested under section 113.041, 121.08, 173.27, 173.394,	4518
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,	4519
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	4520
3701.881, 3712.09, 3721.121, ~~3722.151,~~ 3772.07, 4701.08, 4715.101,	4521
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	4522
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	4523
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	4524
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	4525
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	4526
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,	4527
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as	4528
follows:	4529

(1) The superintendent shall review or cause to be reviewed	4530
any relevant information gathered and compiled by the bureau under	4531
division (A) of section 109.57 of the Revised Code that relates to	4532
the person who is the subject of the request, including, if the	4533
criminal records check was requested under section 113.041,	4534
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	4535
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	4536
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	4537
~~3722.151,~~ 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013,	4538
5111.032, 5111.033, 5111.034, 5119.693, 5119.85, 5123.081,	4539
5126.28, 5126.281, or 5153.111 of the Revised Code, any relevant	4540
information contained in records that have been sealed under	4541
section 2953.32 of the Revised Code;	4542

(2) If the request received by the superintendent asks for	4543
information from the federal bureau of investigation, the	4544
superintendent shall request from the federal bureau of	4545
investigation any information it has with respect to the person	4546
who is the subject of the request, including fingerprint-based	4547
checks of national crime information databases as described in 42	4548
U.S.C. 671 if the request is made pursuant to section 2151.86,	4549
5104.012, or 5104.013 of the Revised Code or if any other Revised	4550
Code section requires fingerprint-based checks of that nature, and	4551
shall review or cause to be reviewed any information the	4552
superintendent receives from that bureau. If a request under	4553
section 3319.39 of the Revised Code asks only for information from	4554
the federal bureau of investigation, the superintendent shall not	4555
conduct the review prescribed by division (B)(1) of this section.	4556

(3) The superintendent or the superintendent's designee may	4557
request criminal history records from other states or the federal	4558
government pursuant to the national crime prevention and privacy	4559
compact set forth in section 109.571 of the Revised Code.	4560

(C)(1) The superintendent shall prescribe a form to obtain	4561
the information necessary to conduct a criminal records check from	4562
any person for whom a criminal records check is requested under	4563
section 113.041 of the Revised Code or required by section 121.08,	4564
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,	4565
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	4566
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, ~~3722.151,~~ 3772.07,	4567
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	4568
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	4569
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	4570
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	4571
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	4572
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,	4573
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	4574
form that the superintendent prescribes pursuant to this division	4575
may be in a tangible format, in an electronic format, or in both	4576
tangible and electronic formats.	4577

(2) The superintendent shall prescribe standard impression	4578
sheets to obtain the fingerprint impressions of any person for	4579
whom a criminal records check is requested under section 113.041	4580
of the Revised Code or required by section 121.08, 173.27,	4581
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	4582
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	4583
3319.39, 3701.881, 3712.09, 3721.121, ~~3722.151,~~ 3772.07, 4701.08,	4584
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	4585
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	4586
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	4587
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	4588
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	4589
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,	4590
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any	4591
person for whom a records check is requested under or required by	4592
any of those sections shall obtain the fingerprint impressions at	4593
a county sheriff's office, municipal police department, or any	4594
other entity with the ability to make fingerprint impressions on	4595
the standard impression sheets prescribed by the superintendent.	4596
The office, department, or entity may charge the person a	4597
reasonable fee for making the impressions. The standard impression	4598
sheets the superintendent prescribes pursuant to this division may	4599
be in a tangible format, in an electronic format, or in both	4600
tangible and electronic formats.	4601

(3) Subject to division (D) of this section, the	4602
superintendent shall prescribe and charge a reasonable fee for	4603
providing a criminal records check requested under section	4604
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	4605
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	4606
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	4607
~~3722.151,~~ 3772.07, 4701.08, 4715.101, 4717.061, 4725.121,	4608
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	4609
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	4610
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	4611
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,	4612
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	4613
5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the	4614
Revised Code. The person making a criminal records request under	4615
any of those sections shall pay the fee prescribed pursuant to	4616
this division. A person making a request under section 3701.881 of	4617
the Revised Code for a criminal records check for an applicant who	4618
may be both responsible for the care, custody, or control of a	4619
child and involved in providing direct care to an older adult	4620
shall pay one fee for the request. In the case of a request under	4621
section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or	4622
5111.032 of the Revised Code, the fee shall be paid in the manner	4623
specified in that section.	4624

(4) The superintendent of the bureau of criminal	4625
identification and investigation may prescribe methods of	4626
forwarding fingerprint impressions and information necessary to	4627
conduct a criminal records check, which methods shall include, but	4628
not be limited to, an electronic method.	4629

(D) A determination whether any information exists that	4630
indicates that a person previously has been convicted of or	4631
pleaded guilty to any offense listed or described in division	4632
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	4633
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	4634
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15)	4635
of this section, or that indicates that a person previously has	4636
been convicted of or pleaded guilty to any criminal offense in	4637
this state or any other state regarding a criminal records check	4638
of a type described in division (A)(13) of this section, and that	4639
is made by the superintendent with respect to information	4640
considered in a criminal records check in accordance with this	4641
section is valid for the person who is the subject of the criminal	4642
records check for a period of one year from the date upon which	4643
the superintendent makes the determination. During the period in	4644
which the determination in regard to a person is valid, if another	4645
request under this section is made for a criminal records check	4646
for that person, the superintendent shall provide the information	4647
that is the basis for the superintendent's initial determination	4648
at a lower fee than the fee prescribed for the initial criminal	4649
records check.	4650

(E) When the superintendent receives a request for	4651
information from a registered private provider, the superintendent	4652
shall proceed as if the request was received from a school	4653
district board of education under section 3319.39 of the Revised	4654
Code. The superintendent shall apply division (A)(7) of this	4655
section to any such request for an applicant who is a teacher.	4656

(F) As used in this section:

4657

(1) "Criminal records check" means any criminal records check	4658
conducted by the superintendent of the bureau of criminal	4659
identification and investigation in accordance with division (B)	4660
of this section.	4661

(2) "Minor drug possession offense" has the same meaning as	4662
in section 2925.01 of the Revised Code.	4663

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

4664

(4) "OVI or OVUAC violation" means a violation of section	4665
4511.19 of the Revised Code or a violation of an existing or	4666
former law of this state, any other state, or the United States	4667
that is substantially equivalent to section 4511.19 of the Revised	4668
Code.	4669

(5) "Registered private provider" means a nonpublic school or	4670
entity registered with the superintendent of public instruction	4671
under section 3310.41 of the Revised Code to participate in the	4672
autism scholarship program or section 3310.58 of the Revised Code	4673
to participate in the Jon Peterson special needs scholarship	4674
program.	4675

Sec. 109.64. The bureau of criminal identification and	4676
investigation shall prepare a periodic information bulletin	4677
concerning missing children whom it determines may be present in	4678
this state. The bureau shall compile the bulletin from information	4679
contained in the national crime information center computer. The	4680
bulletin shall indicate the names and addresses of these minors	4681
who are the subject of missing children cases and other	4682
information that the superintendent of the bureau considers	4683
appropriate. The bulletin shall contain a reminder to law	4684
enforcement agencies of their responsibilities under section	4685
2901.30 of the Revised Code.	4686

The bureau shall send a copy of each periodic information	4687
bulletin to the missing children clearinghouse established under	4688
section 109.65 of the Revised Code for use in connection with its	4689
responsibilities under division (E) of that section. Upon receipt	4690
of each periodic information bulletin from the bureau, the missing	4691
children clearinghouse shall send a copy of the bulletin to each	4692
sheriff, marshal, police department of a municipal corporation,	4693
police force of a township police district or joint ~~township~~	4694
police district, and township constable in this state, to the	4695
board of education of each school district in this state, and to	4696
each nonpublic school in this state. The bureau shall provide a	4697
copy of the bulletin, upon request, to other persons or entities.	4698
The superintendent of the bureau, with the approval of the	4699
attorney general, may establish a reasonable fee for a copy of a	4700
bulletin provided to persons or entities other than law	4701
enforcement agencies in this or other states or of the federal	4702
government, the department of education, governmental entities of	4703
this state, and libraries in this state. The superintendent shall	4704
deposit all such fees collected ~~by him~~ into the missing children	4705
fund created by section 109.65 of the Revised Code.	4706

As used in this section, "missing children," "information,"	4707
and "minor" have the same meanings as in section 2901.30 of the	4708
Revised Code.	4709

Sec. 109.71. There is hereby created in the office of the	4710
attorney general the Ohio peace officer training commission. The	4711
commission shall consist of nine members appointed by the governor	4712
with the advice and consent of the senate and selected as follows:	4713
one member representing the public; two members who are incumbent	4714
sheriffs; two members who are incumbent chiefs of police; one	4715
member from the bureau of criminal identification and	4716
investigation; one member from the state highway patrol; one	4717
member who is the special agent in charge of a field office of the	4718
federal bureau of investigation in this state; and one member from	4719
the department of education, trade and industrial education	4720
services, law enforcement training.	4721

This section does not confer any arrest authority or any	4722
ability or authority to detain a person, write or issue any	4723
citation, or provide any disposition alternative, as granted under	4724
Chapter 2935. of the Revised Code.	4725

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

4726

(A) "Peace officer" means:

4727

(1) A deputy sheriff, marshal, deputy marshal, member of the	4728
organized police department of a township or municipal	4729
corporation, member of a township police district or joint	4730
~~township~~ police district police force, member of a police force	4731
employed by a metropolitan housing authority under division (D) of	4732
section 3735.31 of the Revised Code, or township constable, who is	4733
commissioned and employed as a peace officer by a political	4734
subdivision of this state or by a metropolitan housing authority,	4735
and whose primary duties are to preserve the peace, to protect	4736
life and property, and to enforce the laws of this state,	4737
ordinances of a municipal corporation, resolutions of a township,	4738
or regulations of a board of county commissioners or board of	4739
township trustees, or any of those laws, ordinances, resolutions,	4740
or regulations;	4741

(2) A police officer who is employed by a railroad company	4742
and appointed and commissioned by the secretary of state pursuant	4743
to sections 4973.17 to 4973.22 of the Revised Code;	4744

(3) Employees of the department of taxation engaged in the	4745
enforcement of Chapter 5743. of the Revised Code and designated by	4746
the tax commissioner for peace officer training for purposes of	4747
the delegation of investigation powers under section 5743.45 of	4748
the Revised Code;	4749

(4) An undercover drug agent;

4750

(5) Enforcement agents of the department of public safety	4751
whom the director of public safety designates under section	4752
5502.14 of the Revised Code;	4753

(6) An employee of the department of natural resources who is	4754
a natural resources law enforcement staff officer designated	4755
pursuant to section 1501.013, a park officer designated pursuant	4756
to section 1541.10, a forest officer designated pursuant to	4757
section 1503.29, a preserve officer designated pursuant to section	4758
1517.10, a wildlife officer designated pursuant to section	4759
1531.13, or a state watercraft officer designated pursuant to	4760
section 1547.521 of the Revised Code;	4761

(7) An employee of a park district who is designated pursuant	4762
to section 511.232 or 1545.13 of the Revised Code;	4763

(8) An employee of a conservancy district who is designated	4764
pursuant to section 6101.75 of the Revised Code;	4765

(9) A police officer who is employed by a hospital that	4766
employs and maintains its own proprietary police department or	4767
security department, and who is appointed and commissioned by the	4768
secretary of state pursuant to sections 4973.17 to 4973.22 of the	4769
Revised Code;	4770

(10) Veterans' homes police officers designated under section	4771
5907.02 of the Revised Code;	4772

(11) A police officer who is employed by a qualified	4773
nonprofit corporation police department pursuant to section	4774
1702.80 of the Revised Code;	4775

(12) A state university law enforcement officer appointed	4776
under section 3345.04 of the Revised Code or a person serving as a	4777
state university law enforcement officer on a permanent basis on	4778
June 19, 1978, who has been awarded a certificate by the executive	4779
director of the Ohio peace officer training commission attesting	4780
to the person's satisfactory completion of an approved state,	4781
county, municipal, or department of natural resources peace	4782
officer basic training program;	4783

(13) A special police officer employed by the department of	4784
mental health pursuant to section 5119.14 of the Revised Code or	4785
the department of developmental disabilities pursuant to section	4786
5123.13 of the Revised Code;	4787

(14) A member of a campus police department appointed under	4788
section 1713.50 of the Revised Code;	4789

(15) A member of a police force employed by a regional	4790
transit authority under division (Y) of section 306.35 of the	4791
Revised Code;	4792

(16) Investigators appointed by the auditor of state pursuant	4793
to section 117.091 of the Revised Code and engaged in the	4794
enforcement of Chapter 117. of the Revised Code;	4795

(17) A special police officer designated by the	4796
superintendent of the state highway patrol pursuant to section	4797
5503.09 of the Revised Code or a person who was serving as a	4798
special police officer pursuant to that section on a permanent	4799
basis on October 21, 1997, and who has been awarded a certificate	4800
by the executive director of the Ohio peace officer training	4801
commission attesting to the person's satisfactory completion of an	4802
approved state, county, municipal, or department of natural	4803
resources peace officer basic training program;	4804

(18) A special police officer employed by a port authority	4805
under section 4582.04 or 4582.28 of the Revised Code or a person	4806
serving as a special police officer employed by a port authority	4807
on a permanent basis on May 17, 2000, who has been awarded a	4808
certificate by the executive director of the Ohio peace officer	4809
training commission attesting to the person's satisfactory	4810
completion of an approved state, county, municipal, or department	4811
of natural resources peace officer basic training program;	4812

(19) A special police officer employed by a municipal	4813
corporation who has been awarded a certificate by the executive	4814
director of the Ohio peace officer training commission for	4815
satisfactory completion of an approved peace officer basic	4816
training program and who is employed on a permanent basis on or	4817
after March 19, 2003, at a municipal airport, or other municipal	4818
air navigation facility, that has scheduled operations, as defined	4819
in section 119.3 of Title 14 of the Code of Federal Regulations,	4820
14 C.F.R. 119.3, as amended, and that is required to be under a	4821
security program and is governed by aviation security rules of the	4822
transportation security administration of the United States	4823
department of transportation as provided in Parts 1542. and 1544.	4824
of Title 49 of the Code of Federal Regulations, as amended;	4825

(20) A police officer who is employed by an owner or operator	4826
of an amusement park that has an average yearly attendance in	4827
excess of six hundred thousand guests and that employs and	4828
maintains its own proprietary police department or security	4829
department, and who is appointed and commissioned by a judge of	4830
the appropriate municipal court or county court pursuant to	4831
section 4973.17 of the Revised Code;	4832

(21) A police officer who is employed by a bank, savings and	4833
loan association, savings bank, credit union, or association of	4834
banks, savings and loan associations, savings banks, or credit	4835
unions, who has been appointed and commissioned by the secretary	4836
of state pursuant to sections 4973.17 to 4973.22 of the Revised	4837
Code, and who has been awarded a certificate by the executive	4838
director of the Ohio peace officer training commission attesting	4839
to the person's satisfactory completion of a state, county,	4840
municipal, or department of natural resources peace officer basic	4841
training program;	4842

(22) An investigator, as defined in section 109.541 of the	4843
Revised Code, of the bureau of criminal identification and	4844
investigation who is commissioned by the superintendent of the	4845
bureau as a special agent for the purpose of assisting law	4846
enforcement officers or providing emergency assistance to peace	4847
officers pursuant to authority granted under that section;	4848

(23) A state fire marshal law enforcement officer appointed	4849
under section 3737.22 of the Revised Code or a person serving as a	4850
state fire marshal law enforcement officer on a permanent basis on	4851
or after July 1, 1982, who has been awarded a certificate by the	4852
executive director of the Ohio peace officer training commission	4853
attesting to the person's satisfactory completion of an approved	4854
state, county, municipal, or department of natural resources peace	4855
officer basic training program;	4856

(24) A gaming agent employed under section 3772.03 of the	4857
Revised Code.	4858

(B) "Undercover drug agent" has the same meaning as in	4859
division (B)(2) of section 109.79 of the Revised Code.	4860

(C) "Crisis intervention training" means training in the use	4861
of interpersonal and communication skills to most effectively and	4862
sensitively interview victims of rape.	4863

(D) "Missing children" has the same meaning as in section	4864
2901.30 of the Revised Code.	4865

Sec. 109.801. (A)(1) Each year, any of the following persons	4866
who are authorized to carry firearms in the course of their	4867
official duties shall complete successfully a firearms	4868
requalification program approved by the executive director of the	4869
Ohio peace officer training commission in accordance with rules	4870
adopted by the attorney general pursuant to section 109.743 of the	4871
Revised Code: any peace officer, sheriff, chief of police of an	4872
organized police department of a municipal corporation or	4873
township, chief of police of a township police district or joint	4874
police district police force, superintendent of the state highway	4875
patrol, state highway patrol trooper, or chief of police of a	4876
university or college police department; any parole or probation	4877
officer who carries a firearm in the course of official duties;	4878
the house of representatives sergeant at arms if the house of	4879
representatives sergeant at arms has arrest authority pursuant to	4880
division (E)(1) of section 101.311 of the Revised Code; any	4881
assistant house of representatives sergeant at arms; or any	4882
employee of the department of youth services who is designated	4883
pursuant to division (A)(2) of section 5139.53 of the Revised Code	4884
as being authorized to carry a firearm while on duty as described	4885
in that division.	4886

(2) No person listed in division (A)(1) of this section shall	4887
carry a firearm during the course of official duties if the person	4888
does not comply with division (A)(1) of this section.	4889

(B) The hours that a sheriff spends attending a firearms	4890
requalification program required by division (A) of this section	4891
are in addition to the sixteen hours of continuing education that	4892
are required by division (E) of section 311.01 of the Revised	4893
Code.	4894

(C) As used in this section, "firearm" has the same meaning	4895
as in section 2923.11 of the Revised Code.	4896

Sec. 111.12. ~~(A) Except as otherwise provided in division~~	4897
~~(B) of this section, the~~The secretary of state shall compile and	4898
publish biennially in a paper, book, or ~~other nonelectronic~~	4899
electronic format ~~twenty-five hundred copies of~~ the election	4900
statistics of Ohio, ~~four thousand copies of~~ the official roster of	4901
federal, state, and county officers, and ~~twenty-five hundred~~	4902
~~copies of~~ the official roster of township and municipal officers.	4903

~~(B) The secretary of state may compile and publish biennially~~	4904
~~the election statistics of Ohio, the official roster of federal,~~	4905
~~state, and county officers, and the official roster of township~~	4906
~~and municipal officers in an electronic format instead of~~	4907
~~compiling and publishing these documents biennially in a paper,~~	4908
~~book, or other nonelectronic format in the numbers specified in~~	4909
~~division (A) of this section. If the secretary of state does so,~~	4910
~~the secretary of state shall maintain the ability to provide~~	4911
~~copies of the election statistics of Ohio, the official roster of~~	4912
~~federal, state, and county officers, and the official roster of~~	4913
~~township and municipal officers in accordance with section 149.43~~	4914
~~of the Revised Code.~~	4915

Sec. 111.16. The secretary of state shall charge and	4916
collect, for the benefit of the state, the following fees:	4917

(A) For filing and recording articles of incorporation of a	4918
domestic corporation, including designation of agent:	4919

(1) Wherein the corporation shall not be authorized to issue	4920
any shares of capital stock, one hundred twenty-five dollars;	4921

(2) Wherein the corporation shall be authorized to issue	4922
shares of capital stock, with or without par value:	4923

(a) Ten cents for each share authorized up to and including	4924
one thousand shares;	4925

(b) Five cents for each share authorized in excess of one	4926
thousand shares up to and including ten thousand shares;	4927

(c) Two cents for each share authorized in excess of ten	4928
thousand shares up to and including fifty thousand shares;	4929

(d) One cent for each share authorized in excess of fifty	4930
thousand shares up to and including one hundred thousand shares;	4931

(e) One-half cent for each share authorized in excess of one	4932
hundred thousand shares up to and including five hundred thousand	4933
shares;	4934

(f) One-quarter cent for each share authorized in excess of	4935
five hundred thousand shares; provided no fee shall be less than	4936
one hundred twenty-five dollars or greater than one hundred	4937
thousand dollars.	4938

(B) For filing and recording a certificate of amendment to or	4939
amended articles of incorporation of a domestic corporation, or	4940
for filing and recording a certificate of reorganization, a	4941
certificate of dissolution, or an amendment to a foreign license	4942
application:	4943

(1) If the domestic corporation is not authorized to issue	4944
any shares of capital stock, fifty dollars;	4945

(2) If the domestic corporation is authorized to issue shares	4946
of capital stock, fifty dollars, and in case of any increase in	4947
the number of shares authorized to be issued, a further sum	4948
computed in accordance with the schedule set forth in division	4949
(A)(2) of this section less a credit computed in the same manner	4950
for the number of shares previously authorized to be issued by the	4951
corporation; provided no fee under division (B)(2) of this section	4952
shall be greater than one hundred thousand dollars;	4953

(3) If the foreign corporation is not authorized to issue any	4954
shares of capital stock, fifty dollars;	4955

(4) If the foreign corporation is authorized to issue shares	4956
of capital stock, fifty dollars.	4957

(C) For filing and recording articles of incorporation of a	4958
savings and loan association, one hundred twenty-five dollars; and	4959
for filing and recording a certificate of amendment to or amended	4960
articles of incorporation of a savings and loan association, fifty	4961
dollars;	4962

(D) For filing and recording a certificate of conversion,	4963
including a designation of agent, a certificate of merger, or a	4964
certificate of consolidation, one hundred twenty-five dollars and,	4965
in the case of any new corporation resulting from a consolidation	4966
or any surviving corporation that has an increased number of	4967
shares authorized to be issued resulting from a merger, an	4968
additional sum computed in accordance with the schedule set forth	4969
in division (A)(2) of this section less a credit computed in the	4970
same manner for the number of shares previously authorized to be	4971
issued or represented in this state by each of the corporations	4972
for which a consolidation or merger is effected by the	4973
certificate;	4974

(E) For filing and recording articles of incorporation of a	4975
credit union or the American credit union guaranty association,	4976
one hundred twenty-five dollars, and for filing and recording a	4977
certificate of increase in capital stock or any other amendment of	4978
the articles of incorporation of a credit union or the	4979
association, fifty dollars;	4980

(F) For filing and recording articles of organization of a	4981
limited liability company, for filing and recording an application	4982
to become a registered foreign limited liability company, for	4983
filing and recording a registration application to become a	4984
domestic limited liability partnership, or for filing and	4985
recording an application to become a registered foreign limited	4986
liability partnership, one hundred twenty-five dollars;	4987

(G) For filing and recording a certificate of limited	4988
partnership or an application for registration as a foreign	4989
limited partnership, or for filing an initial statement of	4990
partnership authority pursuant to section 1776.33 of the Revised	4991
Code, one hundred twenty-five dollars.	4992

(H) For filing a copy of papers evidencing the incorporation	4993
of a municipal corporation or of annexation of territory by a	4994
municipal corporation, five dollars, to be paid by the municipal	4995
corporation, the petitioners therefor, or their agent;	4996

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

4997

(1) A license to transact business in this state by a foreign	4998
corporation for profit pursuant to section 1703.04 of the Revised	4999
Code or a foreign nonprofit corporation pursuant to section	5000
1703.27 of the Revised Code, one hundred twenty-five dollars;	5001

(2) A biennial report or biennial statement pursuant to	5002
section 1775.63, 1776.83, or 1785.06 of the Revised Code,	5003
twenty-five dollars;	5004

(3) Except as otherwise provided in this section or any other	5005
section of the Revised Code, any other certificate or paper that	5006
is required to be filed and recorded or is permitted to be filed	5007
and recorded by any provision of the Revised Code with the	5008
secretary of state, twenty-five dollars.	5009

(J) For filing any certificate or paper not required to be	5010
recorded, five dollars;	5011

(K)(1) For making copies of any certificate or other paper	5012
filed in the office of the secretary of state, a fee not to exceed	5013
one dollar per page, except as otherwise provided in the Revised	5014
Code, and for creating and affixing the seal of the office of the	5015
secretary of state to any good standing or other certificate, five	5016
dollars. For copies of certificates or papers required by state	5017
officers for official purpose, no charge shall be made.	5018

(2) For creating and affixing the seal of the office of the	5019
secretary of state to the certificates described in division (E)	5020
of section 1701.81, division (E) of section 1701.811, division (E)	5021
of section 1705.38, division (E) of section 1705.381, division (D)	5022
of section 1702.43, division (E) of section 1775.47, division (E)	5023
of section 1775.55, division (E) of section 1776.70, division (E)	5024
of section 1776.74, division (E) of section 1782.433, or division	5025
(E) of section 1782.4310 of the Revised Code, twenty-five dollars.	5026

(L) For a minister's license to solemnize marriages, ten	5027
dollars;	5028

(M) For examining documents to be filed at a later date for	5029
the purpose of advising as to the acceptability of the proposed	5030
filing, fifty dollars;	5031

(N) Fifty dollars for filing and recording any of the	5032
following:	5033

(1) A certificate of dissolution and accompanying documents,	5034
or a certificate of cancellation, under section 1701.86, 1702.47,	5035
1705.43, 1776.65, or 1782.10 of the Revised Code;	5036

(2) A notice of dissolution of a foreign licensed corporation	5037
or a certificate of surrender of license by a foreign licensed	5038
corporation under section 1703.17 of the Revised Code;	5039

(3) The withdrawal of registration of a foreign or domestic	5040
limited liability partnership under section 1775.61, 1775.64,	5041
1776.81, or 1776.86 of the Revised Code, or the certificate of	5042
cancellation of registration of a foreign limited liability	5043
company under section 1705.57 of the Revised Code;	5044

(4) The filing of a statement of denial under section 1776.34	5045
of the Revised Code, a statement of dissociation under section	5046
1776.57 of the Revised Code, a statement of disclaimer of general	5047
partner status under Chapter 1782. of the Revised Code, or a	5048
cancellation of disclaimer of general partner status under Chapter	5049
1782. of the Revised Code.	5050

(O) For filing a statement of continued existence by a	5051
nonprofit corporation, twenty-five dollars;	5052

(P) For filing a restatement under section 1705.08 or 1782.09	5053
of the Revised Code, an amendment to a certificate of cancellation	5054
under section 1782.10 of the Revised Code, an amendment under	5055
section 1705.08 or 1782.09 of the Revised Code, or a correction	5056
under section 1705.55, 1775.61, 1775.64, 1776.12, or 1782.52 of	5057
the Revised Code, fifty dollars;	5058

(Q) For filing for reinstatement of an entity cancelled by	5059
operation of law, by the secretary of state, by order of the	5060
department of taxation, or by order of a court, twenty-five	5061
dollars;	5062

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

5063

(1) A change of agent, resignation of agent, or change of	5064
agent's address under section 1701.07, 1702.06, 1703.041, 1703.27,	5065
1705.06, 1705.55, 1746.04, 1747.03, 1776.07, or 1782.04 of the	5066
Revised Code, twenty-five dollars;	5067

(2) A multiple change of agent name or address,	5068
standardization of agent address, or resignation of agent under	5069
section 1701.07, 1702.06, 1703.041, 1703.27, 1705.06, 1705.55,	5070
1746.04, 1747.03, 1776.07, or 1782.04 of the Revised Code, one	5071
hundred twenty-five dollars, plus three dollars per entity record	5072
being changed, by the multiple agent update.	5073

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

5074

(1) An application for the exclusive right to use a name or	5075
an application to reserve a name for future use under section	5076
1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised	5077
Code, fifty dollars;	5078

(2) A trade name or fictitious name registration or report,	5079
fifty dollars;	5080

(3) An application to renew any item covered by division	5081
(S)(1) or (2) of this section that is permitted to be renewed,	5082
twenty-five dollars;	5083

(4) An assignment of rights for use of a name covered by	5084
division (S)(1), (2), or (3) of this section, the cancellation of	5085
a name registration or name reservation that is so covered, or	5086
notice of a change of address of the registrant of a name that is	5087
so covered, twenty-five dollars.	5088

(T) For filing and recording a report to operate a business	5089
trust or a real estate investment trust, either foreign or	5090
domestic, one hundred twenty-five dollars; and for filing and	5091
recording an amendment to a report or associated trust instrument,	5092
or a surrender of authority, to operate a business trust or real	5093
estate investment trust, fifty dollars;	5094

(U)(1) For filing and recording the registration of a	5095
trademark, service mark, or mark of ownership, one hundred	5096
twenty-five dollars;	5097

(2) For filing and recording the change of address of a	5098
registrant, the assignment of rights to a registration, a renewal	5099
of a registration, or the cancellation of a registration	5100
associated with a trademark, service mark, or mark of ownership,	5101
twenty-five dollars.	5102

(V) For filing a service of process with the secretary of	5103
state, five dollars, except as otherwise provided in any section	5104
of the Revised Code.	5105

Fees specified in this section may be paid by cash, check, or	5106
money order, by credit card in accordance with section 113.40 of	5107
the Revised Code, or by an alternative payment program in	5108
accordance with division (B) of section 111.18 of the Revised	5109
Code. Any credit card number or the expiration date of any credit	5110
card is not subject to disclosure under Chapter 149. of the	5111
Revised Code.	5112

Sec. 111.18. (A) The secretary of state shall keep a record	5113
of all fees collected by the secretary of state and, ~~subject to~~	5114
~~division (B) of section 1309.528 of the Revised Code and~~ except as	5115
otherwise provided in the Revised Code, shall pay them into the	5116
state treasury to the credit of the corporate and uniform	5117
commercial code filing fund created by section 1309.528 of the	5118
Revised Code.	5119

(B) The secretary of state may implement alternative payment	5120
programs that permit payment of any fee charged by the secretary	5121
of state by means other than cash, check, money order, or credit	5122
card; an alternative payment program may include, but is not	5123
limited to, one that permits a fee to be paid by electronic means	5124
of transmission. Fees paid under an alternative payment program	5125
shall be deposited to the credit of the secretary of state	5126
alternative payment program fund, which is hereby created in the	5127
state treasury. Any investment income of the secretary of state	5128
alternative payment program fund shall be credited to that fund	5129
and used to operate the alternative payment program. Within two	5130
working days following the deposit of funds to the credit of the	5131
secretary of state alternative payment program fund, the secretary	5132
of state shall pay those funds to the credit of the corporate and	5133
uniform commercial code filing fund, subject to division (B) of	5134
section 1309.401 of the Revised Code and except as otherwise	5135
provided in the Revised Code.	5136

The secretary of state shall adopt rules necessary to carry	5137
out the purposes of this division.	5138

Sec. 111.181. There is hereby created in the state treasury	5139
the information systems fund. The fund shall receive revenues from	5140
fees charged to customers for special database requests, including	5141
corporate and uniform commercial code filings. The secretary of	5142
state shall use the fund for information technology related	5143
expenses of the office.	5144

Sec. 111.28. (A) There is hereby created in the state	5145
treasury the help America vote act (HAVA) fund. All moneys	5146
received by the secretary of state from the United States election	5147
assistance commission shall be credited to the fund. The secretary	5148
of state shall use the moneys credited to the fund for activities	5149
conducted pursuant to the "Help America Vote Act of 2002," Pub. L.	5150
No. 107-252, 116 Stat. 1666. All investment earnings of the fund	5151
shall be credited to the fund.	5152

(B) There is hereby created in the state treasury the	5153
election reform/health and human services fund. All moneys	5154
received by the secretary of state from the United States	5155
department of health and human services shall be credited to the	5156
fund. The secretary of state shall use the moneys credited to the	5157
fund for activities conducted pursuant to grants awarded to the	5158
state under Title II, Subtitle D, Sections 261 to 265 of the Help	5159
America Vote Act of 2002 to assure access for individuals with	5160
disabilities. All investment earnings of the fund shall be	5161
credited to the fund.	5162

Sec. 111.29. There is hereby created in the state treasury	5163
the citizen education fund. The fund shall receive gifts, grants,	5164
fees, and donations from private individuals and entities for	5165
voter education purposes. The secretary of state shall use the	5166
moneys credited to the fund for preparing, printing, and	5167
distributing voter registration and educational materials and for	5168
conducting related workshops and conferences for public education.	5169

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

5170

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

5171

(a) Any employee of a city, vocational, exempted village, or	5172
local school district;	5173

(b) Any employee of a community college, technical college,	5174
or state community college.	5175

(2) "Supplemental employee deferral plan" means a tax	5176
deferred annuity, as described in 26 U.S.C. 403(b), including a	5177
custodial account as described in 26 U.S.C. 403(b)(7).	5178

(B) The treasurer of state may offer to all eligible school	5179
employees, and thereafter administer on behalf of participating	5180
employees, a supplemental employee deferral plan. The treasurer	5181
shall establish eligibility criteria for plan participation.	5182

The treasurer may designate third parties to act on behalf of	5183
the treasurer as the administrator of the plan. The plan may	5184
invest in such investments as are considered appropriate by the	5185
treasurer, including life insurance, annuity contracts, or mutual	5186
funds. Any investment included in the plan shall be reviewed and	5187
selected by the treasurer based on a competitive bidding process	5188
established by the treasurer and as the treasurer considers	5189
appropriate.	5190

(C) If the administrative entity of a school district,	5191
community college, technical college, or state community college	5192
elects to participate in the supplemental employee deferral plan	5193
established under this section, any school employee who meets the	5194
eligibility criteria established by the treasurer of state may	5195
participate in the plan. An election to participate in the plan	5196
shall be made in the manner and form prescribed by the treasurer	5197
of state. Notwithstanding any law to the contrary, a school	5198
district, community college, technical college, or state community	5199
college electing to participate in the supplemental employee	5200
deferral plan may elect exclusively to offer the supplemental	5201
employee deferral plan to employees or may elect to offer the	5202
supplemental employee deferral plan as one of a limited number of	5203
options.	5204

(D)(1) An election by an employee to participate in the plan	5205
authorizes the employer to make reductions from the employee's	5206
compensation for contributions to the plan. The total of the	5207
amount contributed and the employee's nondeferred income for any	5208
year shall not exceed the employee's total compensation under the	5209
existing salary schedule or classification plan applicable to the	5210
employee in that year. For purposes of this section,	5211
"compensation" includes any compensation received as a lump sum	5212
for accumulated unused vacation, personal leave, or sick leave.	5213

A deferred compensation program shall be in addition to any	5214
retirement or any other benefit program provided by law for	5215
employees of the school district or college. The treasurer of	5216
state shall adopt rules pursuant to Chapter 119. of the Revised	5217
Code to provide any necessary standards or conditions for the	5218
administration of the plan, including any limits on the portion of	5219
a participating employee's compensation that may be deferred in	5220
order to avoid adverse treatment of the plan by the internal	5221
revenue service or the occurrence of a reduction in compensation	5222
in excess of the compensation available for any pay period.	5223

Any compensation deferred under the supplemental employee	5224
deferral plan shall continue to be included as regular	5225
compensation for the purpose of computing the contributions to and	5226
benefits from the retirement system of a participating employee,	5227
if applicable. Compensation deferred shall not be included in the	5228
computation of any federal or state income taxes withheld on	5229
behalf of a participating employee.	5230

Employee contributions and earnings on those contributions	5231
are immediately vested.	5232

(2) If permitted by the plan, an employer may make employer	5233
contributions to the plan on behalf of participating employees.	5234
Employer contributions, if any, and the earnings on those	5235
contributions shall vest according to the schedule established in	5236
the plan.	5237

(E) Any administrative expenses of the plan shall be applied	5238
in any of the following ways:	5239

(1) Against earnings from investments;

5240

(2) As prorated fees charged equitably among the participants	5241
of the plan;	5242

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

5243

The treasurer may apply different methods or amounts of	5244
recovery of administrative expenses for different types of	5245
investment options provided under the plan.	5246

Sec. 113.43. Except as provided in sections 3105.171 and	5247
3105.63 and Chapters 3119., 3121., 3123., and 3125. of the Revised	5248
Code, an account, benefit, or other right accrued or accruing to	5249
any person under the supplemental employee deferral plan	5250
established under section 113.42 of the Revised Code shall not be	5251
subject to execution, garnishment, attachment, sale to satisfy a	5252
judgment or order, the operation of bankruptcy or insolvency laws,	5253
or other process of law and shall be unassignable.	5254

Sec. 113.44. Notwithstanding any provision of section 113.42	5255
or 113.43 of the Revised Code:	5256

(A) Any payment, other than a survivorship benefit, that is	5257
made to a person by the supplemental employee deferral plan is	5258
subject to any withholding order issued pursuant to section	5259
2907.15 or division (C)(2)(b) of section 2921.41 of the Revised	5260
Code. The treasurer of state or third party administering the plan	5261
shall comply with that withholding order in making payment.	5262

(B) If the plan receives a notice pursuant to section 2907.15	5263
or division (D) of section 2921.41 of the Revised Code that a	5264
person who has an account has been charged with a violation of	5265
section 2907.02, 2907.03, 2907.04, 2907.05, or 2921.41 of the	5266
Revised Code, no payment from that account shall be made prior to	5267
whichever of the following is applicable:	5268

(1) If the person is convicted of or pleads guilty to the	5269
violation, but a motion for a withholding order for purposes of	5270
restitution has not been filed under section 2907.15 or division	5271
(C)(2)(b)(i) of section 2921.41 of the Revised Code, thirty days	5272
after the day on which the person is sentenced for the violation;	5273

(2) If the person is convicted of or pleads guilty to the	5274
violation and a motion for a withholding order for purposes of	5275
restitution has been filed under section 2907.15 or division	5276
(C)(2)(b)(i) of section 2921.41 of the Revised Code, the day on	5277
which the court decides the motion;	5278

(3) If the charge is dismissed or the person found not guilty	5279
or not guilty by reason of insanity of the violation, the day on	5280
which the dismissal of the charge or the verdict is entered in the	5281
journal of the court.	5282

Sec. 113.45. There is created the supplemental employee	5283
deferral plan administration fund, which shall be in the custody	5284
of the treasurer of state but shall not be part of the state	5285
treasury. The fund shall consist of payments made to the treasurer	5286
of state with respect to a plan created under section 113.42 of	5287
the Revised Code. Money in the fund shall be used to pay the	5288
actual and necessary expenses of the treasurer of state in	5289
administering the plan.	5290

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

5291

(1) "Governmental entity" means a governmental entity, as	5292
defined in section 9.23 of the Revised Code, that pays wages, as	5293
defined in section 4111.01 of the Revised Code, to employees or	5294
elected officials.	5295

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

5296

(a) The name, title, gross pay, employer, and years of	5297
service of each employee or elected official of a governmental	5298
entity; and	5299

(b) Any cost associated with employment other than gross pay,	5300
including, but not limited to, pension, medical insurance, dental	5301
insurance, vision insurance, vacation leave, sick leave, personal	5302
time, disability leave, and any other type of leave.	5303

(B) Each governmental entity shall submit reportable	5304
information to the treasurer of state in the form and manner	5305
prescribed by the treasurer of state by the first day of March of	5306
each calendar year following the year for which reportable	5307
information is being submitted, except that reportable information	5308
for calendar year 2010 shall be submitted by September 1, 2011.	5309

(C) The treasurer of state shall make the reportable	5310
information submitted to the treasurer of state available to the	5311
public by the fifteenth day of April of each year on the treasurer	5312
of state's web site or in any other convenient and accessible	5313
manner determined by the treasurer of state.	5314

(D) The treasurer of state may adopt rules under Chapter 119.	5315
of the Revised Code to prescribe incentives to enforce compliance	5316
with the requirement set forth in division (B) of this section.	5317

Sec. 117.101. The auditor of state shall provide, operate,	5318
and maintain a uniform and compatible computerized financial	5319
management and accounting system known as the uniform accounting	5320
network. The network shall be designed to provide public offices,	5321
other than state agencies and the Ohio education computer network	5322
and public school districts, with efficient and economical access	5323
to data processing and management information facilities and	5324
expertise. In accordance with this objective, activities of the	5325
network shall include, but not be limited to, provision,	5326
maintenance, and operation of the following facilities and	5327
services:	5328

(A) A cooperative program of technical assistance for public	5329
offices, other than state agencies and the Ohio education computer	5330
network and public school districts, including, but not limited	5331
to, an adequate computer software system and a data base;	5332

(B) An information processing service center providing	5333
approved computerized financial accounting and reporting services	5334
to participating public offices.	5335

The auditor of state and any public office, other than a	5336
state agency and the Ohio education computer network and public	5337
school districts, may enter into any necessary agreements, without	5338
advertisement or bidding, for the provision of necessary goods,	5339
materials, supplies, and services to such public offices by the	5340
auditor of state through the network.	5341

The auditor of state may, by rule, provide for a system of	5342
user fees to be charged participating public offices for goods,	5343
materials, supplies, and services received from the network. All	5344
such fees shall be paid into the state treasury to the credit of	5345
the uniform accounting network fund, which is hereby created. The	5346
fund shall be used by the auditor of state to pay the costs of	5347
establishing and maintaining the network. The fund shall be	5348
assessed a proportionate share of the auditor of state's	5349
administrative costs in accordance with procedures prescribed by	5350
the auditor of state ~~and approved by the director of budget and~~	5351
~~management~~.	5352

Sec. 117.13. (A) The costs of audits of state agencies shall	5353
be recovered by the auditor of state in the following manner:	5354

(1) The costs of all audits of state agencies shall be paid	5355
to the auditor of state on statements rendered by the auditor of	5356
state. Money so received by the auditor of state shall be paid	5357
into the state treasury to the credit of the public audit expense	5358
fund--intrastate, which is hereby created, and shall be used to	5359
pay costs related to such audits. The costs of audits of a state	5360
agency shall be charged to the state agency being audited. The	5361
costs of any assistant auditor, employee, or expert employed	5362
pursuant to section 117.09 of the Revised Code called upon to	5363
testify in any legal proceedings in regard to any audit, or called	5364
upon to review or discuss any matter related to any audit, may be	5365
charged to the state agency to which the audit relates.	5366

(2) The auditor of state shall establish by rule rates to be	5367
charged to state agencies for recovering the costs of audits of	5368
state agencies.	5369

(B) As used in this division, "government auditing standards"	5370
means the government auditing standards published by the	5371
comptroller general of the United States general accounting	5372
office.	5373

(1) Except as provided in divisions (B)(2) and (3) of this	5374
section, any costs of an audit of a private institution,	5375
association, board, or corporation receiving public money for its	5376
use shall be charged to the public office providing the public	5377
money in the same manner as costs of an audit of the public	5378
office.	5379

(2) If an audit of a private child placing agency or private	5380
noncustodial agency receiving public money from a public children	5381
services agency for providing child welfare or child protection	5382
services sets forth that money has been illegally expended,	5383
converted, misappropriated, or is unaccounted for, the costs of	5384
the audit shall be charged to the agency being audited in the same	5385
manner as costs of an audit of a public office, unless the	5386
findings are inconsequential, as defined by government auditing	5387
standards.	5388

(3) If such an audit does not set forth that money has been	5389
illegally expended, converted, misappropriated, or is unaccounted	5390
for or sets forth findings that are inconsequential, as defined by	5391
government auditing standards, the costs of the audit shall be	5392
charged as follows:	5393

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

5394

(b) One-third of the costs to the public children services	5395
agency that provided the public money to the agency being audited;	5396

(c) One-third of the costs to the department of job and	5397
family services.	5398

(C) The costs of audits of local public offices shall be	5399
recovered by the auditor of state in the following manner:	5400

(1) The total amount of compensation paid assistant auditors	5401
of state, their expenses, the cost of employees assigned to assist	5402
the assistant auditors of state, the cost of experts employed	5403
pursuant to section 117.09 of the Revised Code, and the cost of	5404
typing, reviewing, and copying reports shall be borne by the	5405
public office to which such assistant auditors of state are so	5406
assigned~~, except that annual vacation and sick leave of assistant~~	5407
~~auditors of state, employees, and typists shall be financed from~~	5408
~~the general revenue fund. The necessary traveling and hotel~~	5409
~~expenses of the deputy inspectors and supervisors of public~~	5410
~~offices shall be paid from the state treasury~~. Assistant auditors	5411
of state shall be compensated by the taxing district or other	5412
public office audited for activities undertaken pursuant to	5413
division (B) of section 117.18 and section 117.24 of the Revised	5414
Code. The costs of any assistant auditor, employee, or expert	5415
employed pursuant to section 117.09 of the Revised Code called	5416
upon to testify in any legal proceedings in regard to any audit,	5417
or called upon to review or discuss any matter related to any	5418
audit, may be charged to the public office to which the audit	5419
relates.	5420

(2) The auditor of state shall certify the amount of such	5421
compensation, expenses, cost of experts, reviewing, copying, and	5422
typing to the fiscal officer of the local public office audited.	5423
The fiscal officer of the local public office shall forthwith draw	5424
a warrant upon the general fund or other appropriate funds of the	5425
local public office to the order of the auditor of state;	5426
provided, that the auditor of state is authorized to negotiate	5427
with any local public office and, upon agreement between the	5428
auditor of state and the local public office, may adopt a schedule	5429
for payment of the amount due under this section. Money so	5430
received by the auditor of state shall be paid into the state	5431
treasury to the credit of the public audit expense fund--local	5432
government, which is hereby created, and shall be used to pay the	5433
compensation, expense, cost of experts and employees, reviewing,	5434
copying, and typing of reports.	5435

(3) At the conclusion of each audit, or analysis and report	5436
made pursuant to section 117.24 of the Revised Code, the auditor	5437
of state shall furnish the fiscal officer of the local public	5438
office audited a statement showing the total cost of the audit, or	5439
of the audit and the analysis and report, and the percentage of	5440
the total cost chargeable to each fund audited. The fiscal officer	5441
may distribute such total cost to each fund audited in accordance	5442
with its percentage of the total cost.	5443

(4) The auditor of state shall provide each local public	5444
office a statement or certification of the amount due from the	5445
public office for services performed by the auditor of state under	5446
this or any other section of the Revised Code, as well as the date	5447
upon which payment is due to the auditor of state. Any local	5448
public office that does not pay the amount due to the auditor of	5449
state by that date may be assessed by the auditor of state for	5450
interest from the date upon which the payment is due at the rate	5451
per annum prescribed by section 5703.47 of the Revised Code. All	5452
interest charges assessed by the auditor of state may be collected	5453
in the same manner as audit costs pursuant to division (D) of this	5454
section.	5455

(5) The auditor of state shall establish by rule rates to be	5456
charged to local public offices for recovering the costs of audits	5457
of local public offices.	5458

(D) If the auditor of state fails to receive payment for any	5459
amount due, including, but not limited to, fines, fees, and costs,	5460
from a public office for services performed under this or any	5461
other section of the Revised Code, the auditor of state may seek	5462
payment through the office of budget and management. (Amounts due	5463
include any amount due to an independent public accountant with	5464
whom the auditor has contracted to perform services, all costs and	5465
fees associated with participation in the uniform accounting	5466
network, and all costs associated with the auditor's provision of	5467
local government services.) Upon certification by the auditor of	5468
state to the director of budget and management of any such amount	5469
due, the director shall withhold from the public office any amount	5470
available, up to and including the amount certified as due, from	5471
any funds under the director's control that belong to or are	5472
lawfully payable or due to the public office. The director shall	5473
promptly pay the amount withheld to the auditor of state. If the	5474
director determines that no funds due and payable to the public	5475
office are available or that insufficient amounts of such funds	5476
are available to cover the amount due, the director shall withhold	5477
and pay to the auditor of state the amounts available and, in the	5478
case of a local public office, certify the remaining amount to the	5479
county auditor of the county in which the local public office is	5480
located. The county auditor shall withhold from the local public	5481
office any amount available, up to and including the amount	5482
certified as due, from any funds under the county auditor's	5483
control and belonging to or lawfully payable or due to the local	5484
public office. The county auditor shall promptly pay any such	5485
amount withheld to the auditor of state.	5486

Sec. 118.023. (A) Upon determining that one or more of the	5487
conditions described in section 118.022 of the Revised Code are	5488
present, the auditor of state shall issue a written declaration of	5489
the existence of a fiscal watch to the municipal corporation,	5490
county, or township and the county budget commission. The fiscal	5491
watch shall be in effect until the auditor of state determines	5492
that none of the conditions are any longer present and cancels the	5493
watch, or until the auditor of state determines that a state of	5494
fiscal emergency exists. The auditor of state, or a designee,	5495
shall provide such technical and support services to the municipal	5496
corporation, county, or township after a fiscal watch has been	5497
declared to exist as the auditor of state considers necessary. ~~The~~	5498
~~controlling board shall provide sufficient funds for any costs~~	5499
~~that the auditor of state may incur in determining if a fiscal~~	5500
~~watch exists and for providing technical and support services.~~	5501

(B) Within one hundred twenty days after the day a written	5502
declaration of the existence of a fiscal watch is issued under	5503
division (A) of this section, the mayor of the municipal	5504
corporation, the board of county commissioners of the county, or	5505
the board of township trustees of the township for which a fiscal	5506
watch was declared shall submit to the auditor of state a	5507
financial recovery plan that shall identify actions to be taken to	5508
eliminate all of the conditions described in section 118.022 of	5509
the Revised Code, include a schedule detailing the approximate	5510
dates for beginning and completing the actions, and include a	5511
five-year forecast reflecting the effects of the actions. The	5512
financial recovery plan is subject to review and approval by the	5513
auditor of state. The auditor of state may extend the amount of	5514
time by which a financial recovery plan is required to be filed,	5515
for good cause shown.	5516

(C) If a feasible financial recovery plan for a municipal	5517
corporation, county, or township for which a fiscal watch was	5518
declared is not submitted within the time period prescribed by	5519
division (B) of this section, or within any extension of time	5520
thereof, the auditor of state shall declare that a fiscal	5521
emergency condition exists under section 118.04 of the Revised	5522
Code in the municipal corporation, county, or township.	5523

Sec. 118.025. (A) The auditor of state shall develop	5524
guidelines for identifying fiscal practices and budgetary	5525
conditions of municipal corporations, counties, and townships	5526
that, if uncorrected, could result in a future declaration of a	5527
fiscal watch or fiscal emergency.	5528

(B) If the auditor of state determines that a municipal	5529
corporation, county, or township is engaging in any of those	5530
practices or that any of those conditions exist, the auditor of	5531
state may declare the municipal corporation, county, or township	5532
to be under a fiscal caution.	5533

(C) When the auditor of state declares a fiscal caution, the	5534
auditor of state shall promptly notify the municipal corporation,	5535
county, or township of that declaration and shall request the	5536
municipal corporation, county, or township to provide written	5537
proposals for discontinuing or correcting the fiscal practices or	5538
budgetary conditions that prompted the declaration and for	5539
preventing the municipal corporation, county, or township from	5540
experiencing further fiscal difficulties that could result in a	5541
declaration of fiscal watch or fiscal emergency.	5542

(D) The auditor of state, or a designee, may visit and	5543
inspect any municipal corporation, county, or township that is	5544
declared to be under a fiscal caution. The auditor of state may	5545
provide technical assistance to the municipal corporation, county,	5546
or township in implementing proposals to eliminate the practices	5547
or budgetary conditions that prompted the declaration of fiscal	5548
caution and may make recommendations concerning those proposals.	5549

(E) If the auditor of state finds that a municipal	5550
corporation, county, or township declared to be under a fiscal	5551
caution has not made reasonable proposals or otherwise taken	5552
action to discontinue or correct the fiscal practices or budgetary	5553
conditions that prompted the declaration of fiscal caution, and if	5554
the auditor of state considers it necessary to prevent further	5555
fiscal decline, the auditor of state may determine that the	5556
municipal corporation, county, or township should be in a state of	5557
fiscal watch.	5558

Sec. 118.04. (A) The existence of a fiscal emergency	5559
condition constitutes a fiscal emergency. The existence of fiscal	5560
emergency conditions shall be determined by the auditor of state.	5561
Such determination, for purposes of this chapter, may be made only	5562
upon the filing with the auditor of state of a written request for	5563
such a determination by the governor, by the county budget	5564
commission, by the mayor of the municipal corporation, or by the	5565
presiding officer of the legislative authority of the municipal	5566
corporation when authorized by a majority of the members of such	5567
legislative authority, by the board of county commissioners, or by	5568
the board of township trustees, or upon initiation by the auditor	5569
of state. The request may designate in general or specific terms,	5570
but without thereby limiting the determination thereto, the	5571
condition or conditions to be examined to determine whether they	5572
constitute fiscal emergency conditions. Promptly upon receipt of	5573
such written request, or upon initiation by the auditor of state,	5574
the auditor of state shall transmit copies of such request or a	5575
written notice of such initiation to the mayor and the presiding	5576
officer of the legislative authority of the municipal corporation	5577
or to the board of county commissioners or the board of township	5578
trustees by personal service or certified mail. Such	5579
determinations shall be set forth in written reports and	5580
supplemental reports, which shall be filed with the mayor, fiscal	5581
officer, and presiding officer of the legislative authority of the	5582
municipal corporation, or with the board of county commissioners	5583
or the board of township trustees, and with the treasurer of	5584
state, secretary of state, governor, director of budget and	5585
management, and county budget commission, within thirty days after	5586
the request. The auditor of state shall so file an initial report	5587
immediately upon determining the existence of any fiscal emergency	5588
condition.	5589

(B) In making such determination, the auditor of state may	5590
rely on reports or other information filed or otherwise made	5591
available by the municipal corporation, county, or township,	5592
accountants' reports, or other sources and data the auditor of	5593
state considers reliable for such purpose. As to the status of	5594
funds or accounts, a determination that the amounts stated in	5595
section 118.03 of the Revised Code are exceeded may be made	5596
without need for determination of the specific amount of the	5597
excess. The auditor of state may engage the services of	5598
independent certified or registered public accountants, including	5599
public accountants engaged or previously engaged by the municipal	5600
corporation, county, or township, to conduct audits or make	5601
reports or render such opinions as the auditor of state considers	5602
desirable with respect to any aspect of the determinations to be	5603
made by the auditor of state.	5604

(C) A determination by the auditor of state under this	5605
section that a fiscal emergency condition does not exist is final	5606
and conclusive and not appealable. A determination by the auditor	5607
of state under this section that a fiscal emergency exists is	5608
final, except that the mayor of any municipal corporation affected	5609
by a determination of the existence of a fiscal emergency	5610
condition under this section, when authorized by a majority of the	5611
members of the legislative authority, or the board of county	5612
commissioners or board of township trustees, may appeal the	5613
determination of the existence of a fiscal emergency condition to	5614
the court of appeals having territorial jurisdiction over the	5615
municipal corporation, county, or township. The appeal shall be	5616
heard expeditiously by the court of appeals and for good cause	5617
shown shall take precedence over all other civil matters except	5618
earlier matters of the same character. Notice of such appeal must	5619
be filed with the auditor of state and such court within thirty	5620
days after certification by the auditor of state to the mayor and	5621
presiding officer of the legislative authority of the municipal	5622
corporation or to the board of county commissioners or board of	5623
township trustees as provided for in division (A) of this section.	5624
In such appeal, determinations of the auditor of state shall be	5625
presumed to be valid and the municipal corporation, county, or	5626
township shall have the burden of proving, by clear and convincing	5627
evidence, that each of the determinations made by the auditor of	5628
state as to the existence of a fiscal emergency condition under	5629
section 118.03 of the Revised Code was in error. If the municipal	5630
corporation, county, or township fails, upon presentation of its	5631
case, to prove by clear and convincing evidence that each such	5632
determination by the auditor of state was in error, the court	5633
shall dismiss the appeal. The municipal corporation, county, or	5634
township and the auditor of state may introduce any evidence	5635
relevant to the existence or nonexistence of such fiscal emergency	5636
conditions at the times indicated in the applicable provisions of	5637
divisions (A) and (B) of section 118.03 of the Revised Code. The	5638
pendency of any such appeal shall not affect or impede the	5639
operations of this chapter; no restraining order, temporary	5640
injunction, or other similar restraint upon actions consistent	5641
with this chapter shall be imposed by the court or any court	5642
pending determination of such appeal; and all things may be done	5643
under this chapter that may be done regardless of the pendency of	5644
any such appeal. Any action taken or contract executed pursuant to	5645
this chapter during the pendency of such appeal is valid and	5646
enforceable among all parties, notwithstanding the decision in	5647
such appeal. If the court of appeals reverses the determination of	5648
the existence of a fiscal emergency condition by the auditor of	5649
state, the determination no longer has any effect, and any	5650
procedures undertaken as a result of the determination shall be	5651
terminated.	5652

(D) All expenses incurred by the auditor of state relating to	5653
a determination or termination of a fiscal emergency under this	5654
section or, a fiscal watch under section 118.021 of the Revised	5655
Code, or a fiscal caution under section 118.025 of the Revised	5656
Code, including providing technical and support services, shall be	5657
reimbursed from an appropriation for that purpose. If necessary,	5658
the controlling board may provide sufficient funds for these	5659
purposes.	5660

Sec. 118.05. (A) Pursuant to the powers of the general	5661
assembly and for the purposes of this chapter, upon the occurrence	5662
of a fiscal emergency in any municipal corporation, county, or	5663
township, as determined pursuant to section 118.04 of the Revised	5664
Code, there is established, with respect to that municipal	5665
corporation, county, or township, a body both corporate and	5666
politic constituting an agency and instrumentality of the state	5667
and performing essential governmental functions of the state to be	5668
known as the "financial planning and supervision commission for	5669
............... (name of municipal corporation, county, or	5670
township)," which, in that name, may exercise all authority vested	5671
in such a commission by this chapter. AExcept as otherwise	5672
provided in division (L) of this section, a separate commission is	5673
established with respect to each municipal corporation, county, or	5674
township as to which there is a fiscal emergency as determined	5675
under this chapter.	5676

(B) A commission shall consist of the following voting	5677
members:	5678

(1) Four ex officio members: the treasurer of state; the	5679
director of budget and management; in the case of a municipal	5680
corporation, the mayor of the municipal corporation and the	5681
presiding officer of the legislative authority of the municipal	5682
corporation; in the case of a county, the president of the board	5683
of county commissioners and the county auditor; and in the case of	5684
a township, a member of the board of township trustees and the	5685
county auditor.	5686

The treasurer of state may designate a deputy treasurer or	5687
director within the office of the treasurer of state or any other	5688
appropriate person who is not an employee of the treasurer of	5689
state's office; the director of budget and management may	5690
designate an individual within the office of budget and management	5691
or any other appropriate person who is not an employee of the	5692
office of budget and management; ~~the mayor may designate a~~	5693
~~responsible official within the mayor's office or the fiscal~~	5694
~~officer of the municipal corporation;~~ the presiding officer of the	5695
legislative authority of the municipal corporation may designate	5696
any other member of the legislative authority; the board of county	5697
commissioners may designate any other member of the board or the	5698
fiscal officer of the county; and the board of township trustees	5699
may designate any other member of the board or the fiscal officer	5700
of the township to attend the meetings of the commission when the	5701
ex officio member is absent or unable for any reason to attend. A	5702
designee, when present, shall be counted in determining whether a	5703
quorum is present at any meeting of the commission and may vote	5704
and participate in all proceedings and actions of the commission.	5705
The designations shall be in writing, executed by the ex officio	5706
member or entity making the designation, and filed with the	5707
secretary of the commission. The designations may be changed from	5708
time to time in like manner, but due regard shall be given to the	5709
need for continuity.	5710

(2) If a municipal corporation, county, or township has a	5711
population of at least one thousand, three members nominated and	5712
appointed as follows:	5713

The mayor and presiding officer of the legislative authority	5714
of the municipal corporation, the board of county commissioners,	5715
or the board of township trustees shall, within ten days after the	5716
determination of the fiscal emergency by the auditor of state	5717
under section 118.04 of the Revised Code, submit in writing to the	5718
governor the nomination of five persons agreed to by them and	5719
meeting the qualifications set forth in this division. If the	5720
governor is not satisfied that at least three of the nominees are	5721
well qualified, the governor shall notify the mayor and presiding	5722
officer, or the board of county commissioners, or the board of	5723
township trustees to submit in writing, within five days,	5724
additional nominees agreed upon by them, not exceeding three. The	5725
governor shall appoint three members from all the agreed-upon	5726
nominees so submitted or a lesser number that the governor	5727
considers well qualified within thirty days after receipt of the	5728
nominations, and shall fill any remaining positions on the	5729
commission by appointment of any other persons meeting the	5730
qualifications set forth in this division. All appointments by the	5731
governor shall be made with the advice and consent of the senate.	5732
Each of the three appointed members shall serve during the life of	5733
the commission, subject to removal by the governor for	5734
misfeasance, nonfeasance, or malfeasance in office. In the event	5735
of the death, resignation, incapacity, removal, or ineligibility	5736
to serve of an appointed member, the governor, pursuant to the	5737
process for original appointment, shall appoint a successor.	5738

~~(3) If a municipal corporation, county, or township has a~~	5739
~~population of less than one thousand, one member nominated and~~	5740
~~appointed as follows:~~	5741

~~The mayor and presiding officer of the legislative authority~~	5742
~~of the municipal corporation, the board of county commissioners,~~	5743
~~or the board of township trustees shall, within ten days after the~~	5744
~~determination of the fiscal emergency by the auditor of state~~	5745
~~under section 118.04 of the Revised Code, submit in writing to the~~	5746
~~governor the nomination of three persons agreed to by them and~~	5747
~~meeting the qualifications set forth in this division. If the~~	5748
~~governor is not satisfied that at least one of the nominees is~~	5749
~~well qualified, the governor shall notify the mayor and presiding~~	5750
~~officer, or the board of county commissioners, or the board of~~	5751
~~township trustees to submit in writing, within five days,~~	5752
~~additional nominees agreed upon by them, not exceeding three. The~~	5753
~~governor shall appoint one member from all the agreed-upon~~	5754
~~nominees so submitted or shall fill the position on the commission~~	5755
~~by appointment of any other person meeting the qualifications set~~	5756
~~forth in this division. All appointments by the governor shall be~~	5757
~~made with the advice and consent of the senate. The appointed~~	5758
~~member shall serve during the life of the commission, subject to~~	5759
~~removal by the governor for misfeasance, nonfeasance, or~~	5760
~~malfeasance in office. In the event of the death, resignation,~~	5761
~~incapacity, removal, or ineligibility to serve of the appointed~~	5762
~~member, the governor, pursuant to the process for original~~	5763
~~appointment, shall appoint a successor.~~	5764

Each appointed member shall be an individual:

5765

(a) Who has knowledge and experience in financial matters,	5766
financial management, or business organization or operations;	5767

(b) Whose residency, office, or principal place of	5768
professional or business activity is situated within the municipal	5769
corporation, county, or township;	5770

(c) Who shall not become a candidate for elected public	5771
office while serving as a member of the commission.	5772

(C) Immediately after appointment of the initial appointed	5773
~~member or~~ members of the commission, the governor shall call the	5774
first meeting of the commission and shall cause written notice of	5775
the time, date, and place of the first meeting to be given to each	5776
member of the commission at least forty-eight hours in advance of	5777
the meeting.	5778

(D) The director of budget and management shall serve as	5779
chairperson of the commission. The commission shall elect one of	5780
its members to serve as vice-chairperson and may appoint a	5781
secretary and any other officers, who need not be members of the	5782
commission, it considers necessary. The chairperson may remove a	5783
member appointed by the governor if that member fails to attend	5784
three consecutive meetings. In that event, the governor shall fill	5785
the vacancy in the same manner as the original appointment.	5786

(E) The commission may adopt and alter bylaws and rules,	5787
which shall not be subject to section 111.15 or Chapter 119. of	5788
the Revised Code, for the conduct of its affairs and for the	5789
manner, subject to this chapter, in which its powers and functions	5790
shall be exercised and embodied.	5791

(F) Four members of a commission established pursuant to	5792
divisions (B)(1) and (2) of this section constitute a quorum of	5793
the commission. ~~The affirmative vote of a majority of the members~~	5794
~~of such a commission is necessary for any action taken by vote of~~	5795
~~the commission. Three members of a commission established pursuant~~	5796
~~to divisions (B)(1) and (3) of this section constitute a quorum of~~	5797
~~the commission.~~ The affirmative vote of a majority of the members	5798
of ~~such a~~the commission is necessary for any action taken by vote	5799
of the commission. No vacancy in the membership of the commission	5800
shall impair the rights of a quorum by such vote to exercise all	5801
the rights and perform all the duties of the commission. Members	5802
of the commission, and their designees, are not disqualified from	5803
voting by reason of the functions of the other office they hold	5804
and are not disqualified from exercising the functions of the	5805
other office with respect to the municipal corporation, county, or	5806
township, its officers, or the commission.	5807

(G) The auditor of state shall serve as the "financial	5808
supervisor" to the commission unless the auditor of state elects	5809
to contract for that service. As used in this chapter, "financial	5810
supervisor" means the auditor of state.	5811

(H) At the request of the commission, the auditor of state	5812
shall designate employees of the auditor of state's office to	5813
assist the commission and the financial supervisor and to	5814
coordinate the work of the auditor of state's office and the	5815
financial supervisor. Upon the determination of a fiscal emergency	5816
in any municipal corporation, county, or township, the municipal	5817
corporation, county, or township shall provide the commission with	5818
such reasonable office space in the principal building housing	5819
city, county, or township government, where feasible, as it	5820
determines is necessary to carry out its duties under this	5821
chapter.	5822

(I) The financial supervisor, the members of the commission,	5823
the auditor of state, and any person authorized to act on behalf	5824
of or assist them shall not be personally liable or subject to any	5825
suit, judgment, or claim for damages resulting from the exercise	5826
of or failure to exercise the powers, duties, and functions	5827
granted to them in regard to their functioning under this chapter,	5828
but the commission, the financial supervisor, the auditor of	5829
state, and those other persons shall be subject to mandamus	5830
proceedings to compel performance of their duties under this	5831
chapter and with respect to any debt obligations issued pursuant	5832
or subject to this chapter.	5833

(J) At the request of the commission, the administrative head	5834
of any state agency shall temporarily assign personnel skilled in	5835
accounting and budgeting procedures to assist the commission or	5836
the financial supervisor in its duties as financial supervisor.	5837

(K) The appointed members of the commission are not subject	5838
to section 102.02 of the Revised Code. Each appointed member of	5839
the commission shall file with the commission a signed written	5840
statement setting forth the general nature of sales of goods,	5841
property, or services or of loans to the municipal corporation,	5842
county, or township with respect to which that commission is	5843
established, in which the appointed member has a pecuniary	5844
interest or in which any member of the appointed member's	5845
immediate family, as defined in section 102.01 of the Revised	5846
Code, or any corporation, partnership, or enterprise of which the	5847
appointed member is an officer, director, or partner, or of which	5848
the appointed member or a member of the appointed member's	5849
immediate family, as so defined, owns more than a five per cent	5850
interest, has a pecuniary interest, and of which sale, loan, or	5851
interest such member has knowledge. The statement shall be	5852
supplemented from time to time to reflect changes in the general	5853
nature of any such sales or loans.	5854

(L) A commission is not established with respect to any	5855
village or township with a population of less than one thousand as	5856
of the most recent federal decennial census. Upon the occurrence	5857
of a fiscal emergency in such a village or township, the auditor	5858
of state shall serve as the financial supervisor of the village or	5859
township and shall have all the powers and responsibilities of a	5860
commission.	5861

Sec. 118.06. (A) Within one hundred twenty days after the	5862
first meeting of the commission, the mayor of the municipal	5863
corporation or the board of county commissioners or board of	5864
township trustees shall submit to the commission a detailed	5865
financial plan, as approved or amended and approved by ordinance	5866
or resolution of the legislative authority, containing the	5867
following:	5868

(1) Actions to be taken by the municipal corporation, county,	5869
or township to:	5870

(a) Eliminate all fiscal emergency conditions determined to	5871
exist pursuant to section 118.04 of the Revised Code;	5872

(b) Satisfy any judgments, past due accounts payable, and all	5873
past due and payable payroll and fringe benefits;	5874

5875

(d) Restore to construction funds and other special funds	5876
moneys from such funds that were used for purposes not within the	5877
purposes of such funds, or borrowed from such construction funds	5878
by the purchase of debt obligations of the municipal corporation,	5879
county, or township with the moneys of such funds, or missing from	5880
the construction funds or such special funds and not accounted	5881
for;	5882

(e) Balance the budgets, avoid future deficits in any funds,	5883
and maintain current payments of payroll, fringe benefits, and all	5884
accounts;	5885

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

5886

(g) Restore the ability of the municipal corporation, county,	5887
or township to market long-term general obligation bonds under	5888
provisions of law applicable to municipal corporations, counties,	5889
or townships generally.	5890

(2) The legal authorities permitting the municipal	5891
corporation, county, or township to take the actions enumerated	5892
pursuant to division (A)(1) of this section;	5893

(3) The approximate dates of the commencement, progress upon,	5894
and completion of the actions enumerated pursuant to division	5895
(A)(1) of this section, a five-year forecast reflecting the	5896
effects of those actions, and a reasonable period of time	5897
expected to be required to implement the plan. The municipal	5898
corporation, county, or township, in consultation with the	5899
commission and the financial supervisor, shall prepare a	5900
reasonable time schedule for progress toward and achievement of	5901
the requirements for the financial plan and the financial plan	5902
shall be consistent with that time schedule.	5903

(4) The amount and purpose of any issue of debt obligations	5904
that will be issued, together with assurances that any such debt	5905
obligations that will be issued will not exceed debt limits	5906
supported by appropriate certifications by the fiscal officer of	5907
the municipal corporation, county, or township and the county	5908
auditor;	5909

(5) Assurances that the municipal corporation, county, or	5910
township will establish monthly levels of expenditures and	5911
encumbrances pursuant to division (B)(2) of section 118.07 of the	5912
Revised Code;	5913

(6) Assurances that the municipal corporation, county, or	5914
township will conform to statutes with respect to tax budgets and	5915
appropriation measures;	5916

(7) The detail, the form, and the supporting information that	5917
the commission may direct.	5918

(B) The financial plan developed pursuant to division (A) of	5919
this section shall be filed with the financial supervisor and the	5920
financial planning and supervision commission and shall be updated	5921
annually. After consultation with the financial supervisor, the	5922
commission shall either approve or reject any initial or	5923
subsequent financial plan. If the commission rejects the initial	5924
or any subsequent financial plan, it shall forthwith inform the	5925
mayor and legislative authority of the municipal corporation or	5926
the board of county commissioners or board of township trustees of	5927
the reasons for its rejection. Within thirty days after the	5928
rejection of any plan, the mayor with the approval of the	5929
legislative authority by the passage of an ordinance or	5930
resolution, or the board of county commissioners or board of	5931
township trustees, shall submit another plan meeting the	5932
requirements of divisions (A)(1) to (7) of this section, to the	5933
commission and the financial supervisor for approval or rejection	5934
by the commission.	5935

(C) Any initial or subsequent financial plan passed by the	5936
municipal corporation, county, or township shall be approved by	5937
the commission if it complies with divisions (A)(1) to (7) of this	5938
section, and if the commission finds that the plan is bona fide	5939
and can reasonably be expected to be implemented within the period	5940
specified in the plan.	5941

(D) Any financial plan may be amended subsequent to its	5942
adoption in the same manner as the passage and approval of the	5943
initial or subsequent plan pursuant to divisions (A) to (C) of	5944
this section.	5945

(E) If a municipal corporation, county, or township fails to	5946
submit a financial plan as required by this section, or fails to	5947
substantially comply with an approved financial plan, upon	5948
certification of the commission, all state funding for that	5949
municipal corporation, county, or township other than benefit	5950
assistance to individuals shall be escrowed until a feasible plan	5951
is submitted and approved or substantial compliance with the plan	5952
is achieved, as the case may be.	5953

Sec. 118.12. (A) After the date by which the municipal	5954
corporation, county, or township is required to submit a financial	5955
plan or segment of a financial plan to the financial planning and	5956
supervision commission, if the municipal corporation, county, or	5957
township has failed to submit a financial plan or segment as	5958
required by this chapter, expenditures from the general fund of	5959
the municipal corporation, county, or township in any month may	5960
not exceed eighty-five per cent of expenditures from the general	5961
fund for such month in the preceding fiscal year, except the	5962
commission may authorize a higher per cent for any month upon	5963
justification of need by the municipal corporation, county, or	5964
township. If considered prudent by the commission, expenditures	5965
from any other fund of the municipal corporation, county, or	5966
township also may be limited.	5967

(B) After submission of a proposed financial plan by the	5968
municipal corporation, county, or township to the commission,	5969
until approval or disapproval no expenditure may be made contrary	5970
to such proposed financial plan.	5971

(C) After disapproval by the commission of a proposed	5972
financial plan, no expenditure may be made by the municipal	5973
corporation, county, or township inconsistent with the reasons for	5974
disapproval given pursuant to division (B) of section 118.06 of	5975
the Revised Code; and if the municipal corporation, county, or	5976
township fails to submit a revised financial plan within the time	5977
required, the expenditure limits of division (A) of this section	5978
are applicable.	5979

(D) After approval of a financial plan, or any amendment	5980
thereof, no expenditure may be made contrary to the approved	5981
financial plan, or amendment thereof, without the advance approval	5982
of the financial supervisor. The commission, by a majority vote,	5983
may overrule the decision of the financial supervisor.	5984

Sec. 118.17. (A) During a fiscal emergency period and with	5985
the approval of the financial planning and supervision commission,	5986
a municipal corporation, county, or township may issue local	5987
government fund notes, in anticipation of amounts to be allocated	5988
to it pursuant to division (B) of section 5747.50 of the Revised	5989
Code or to be apportioned to it under section 5747.51 or 5747.53	5990
of the Revised Code in a future year or years, for a period of no	5991
more than eight calendar years. The principal amount of the notes	5992
and interest on the notes due and payable in any year shall not	5993
exceed fifty per cent of the total amount of local government fund	5994
moneys so allocated or apportioned to the municipal corporation,	5995
county, or township for the year preceding the year in which the	5996
notes are issued. The notes may mature in semiannual or annual	5997
installments in such amounts as may be fixed by the commission,	5998
and need not mature in substantially equal semiannual or annual	5999
installments. The notes of a municipal corporation may be	6000
authorized and issued, subject to the approval of the commission,	6001
in the manner provided in sections 717.15 and 717.16 of the	6002
Revised Code, except that, notwithstanding division (A)(2) of	6003
section 717.16 of the Revised Code, the rate or rates of interest	6004
payable on the notes shall be the prevailing market rate or rates	6005
as determined and approved by the commission, and except that they	6006
shall not be issued in anticipation of bonds, shall not constitute	6007
general obligations of the municipal corporation, and shall not	6008
pledge the full faith and credit of the municipal corporation.	6009

(B) The principal and interest on the notes provided for in	6010
this section shall be payable, as provided in this section, solely	6011
from the portion of the local government fund that would otherwise	6012
be apportioned to the municipal corporation, county, or township	6013
and shall not be payable from or constitute a pledge of or claim	6014
upon, or require the levy, collection, or application of, any	6015
unvoted ad valorem property taxes or other taxes, or in any manner	6016
occupy any portion of the indirect debt limit.	6017

(C) Local government fund notes may be issued only to the	6018
extent needed to achieve one or more of the following objectives	6019
of the financial plan:	6020

(1) Satisfying any contractual or noncontractual judgments,	6021
past due accounts payable, and all past due and payable payroll	6022
and fringe benefits to be taken into account under section 118.03	6023
of the Revised Code;	6024

(2) Restoring to construction funds or other restricted funds	6025
any money applied from such funds to uses not within the purposes	6026
of such funds and which could not be transferred to such use under	6027
section 5705.14 of the Revised Code;	6028

(3) Eliminating deficit balances in all deficit funds,	6029
including funds that may be used to pay operating expenses.	6030

In addition to the objectives set forth in divisions (C)(1)	6031
to (3) of this section, local government fund notes may be issued	6032
and the proceeds of those notes may be used for the purpose of	6033
retiring or replacing other moneys used to retire current revenue	6034
notes issued pursuant to section 118.23 of the Revised Code to the	6035
extent that the proceeds of the current revenue notes have been or	6036
are to be used directly or to replace other moneys used to achieve	6037
one or more of the objectives of the financial plan specified in	6038
divisions (C)(1) to (3) of this section. Upon authorization of the	6039
local government fund notes by the legislative authority of the	6040
municipal corporation, county, or township, the proceeds of the	6041
local government fund notes and the proceeds of any such current	6042
revenue notes shall be deemed to be appropriated, to the extent	6043
that the proceeds have been or are to be so used, for the purposes	6044
for which the revenues anticipated by any such current revenue	6045
notes are collected and appropriated within the meaning of section	6046
133.10 of the Revised Code.	6047

(D) The need for an issue of local government fund notes for	6048
such purposes shall be determined by taking into consideration	6049
other money and sources of moneys available therefor under this	6050
chapter or other provisions of law, and calculating the respective	6051
amounts needed therefor in accordance with section 118.03 of the	6052
Revised Code, including the deductions or offsets therein	6053
provided, for determining that a fiscal emergency condition	6054
exists, and by eliminating any duplication of amounts thereunder.	6055
The respective amounts needed to achieve such objectives and the	6056
resulting aggregate net amount shall be determined initially by a	6057
certification of the fiscal officer as and to the extent approved	6058
by the financial supervisor. The principal amount of such notes	6059
shall not exceed the aggregate net amount needed for such	6060
purposes. The aggregate amount of all issues of such notes shall	6061
not exceed three times the average of the allocation or	6062
apportionment to the municipal corporation, county, or township of	6063
moneys from the local government fund in each of the three fiscal	6064
years preceding the fiscal year in which the notes are issued.	6065

(E) The proceeds of the sale of local government fund notes	6066
shall be appropriated by the municipal corporation, county, or	6067
township for and shall be applied only to the purposes, and in the	6068
respective amounts for those purposes, set forth in the	6069
certification given pursuant to division (D) of this section, as	6070
the purposes and amounts may be modified in the approval by the	6071
commission provided for in this section. The proceeds shall be	6072
deposited in separate accounts with a fiscal agent designated in	6073
the resolution referred to in division (F) of this section and	6074
released only for such respective purposes in accordance with the	6075
procedures set forth in division (D) of section 118.20 of the	6076
Revised Code. Any amounts not needed for such purposes shall be	6077
deposited with the fiscal agent designated to receive deposits for	6078
payment of the principal of and interest due on the notes.	6079

(F) An application for approval by the financial planning and	6080
supervision commission of an issue of local government fund notes	6081
shall be authorized by a preliminary resolution adopted by the	6082
legislative authority. The resolution may authorize the	6083
application as a part of the initial submission of the financial	6084
plan for approval or as a part of any proposed amendment to an	6085
approved financial plan or at any time after the approval of a	6086
financial plan, or amendment to a financial plan, that proposes	6087
the issue of such notes. The preliminary resolution shall	6088
designate a fiscal agent for the deposit of the proceeds of the	6089
sale of the notes, and shall contain a covenant of the municipal	6090
corporation, county, or township to comply with this chapter and	6091
the financial plan.	6092

The commission shall review and evaluate the application and	6093
supporting certification and financial supervisor action, and	6094
shall thereupon certify its approval or disapproval, or	6095
modification and approval, of the application.	6096

The commission shall certify the amounts, maturities,	6097
interest rates, and terms of issue of the local government fund	6098
notes approved by the commission and the purposes to which the	6099
proceeds of the sale of the notes will be applied in respective	6100
amounts.	6101

The commission shall certify a copy of its approval, of the	6102
preliminary resolution, and of the related certification and	6103
action of the financial supervisor to the fiscal officer, the	6104
financial supervisor, the county budget commission, the county	6105
auditor, the county treasurer, and the fiscal agent designated to	6106
receive and disburse the proceeds of the sale of the notes.	6107

(G) Upon the sale of any local government fund notes issued	6108
under this section, the commission shall determine a schedule for	6109
the deposit of local government fund distributions that are	6110
pledged for the payment of the principal of and interest on the	6111
notes with the fiscal agent or trustee designated in the agreement	6112
between the municipal corporation, county, or township and the	6113
holders of the notes to receive and disburse the distributions.	6114
The amounts to be deposited shall be adequate to provide for the	6115
payment of principal and interest on the notes when due and to pay	6116
all other proper charges, costs, or expenses pertaining thereto.	6117

The amount of the local government fund moneys apportioned to	6118
the municipal corporation, county, or township that is to be so	6119
deposited in each year shall not be included in the tax budget and	6120
appropriation measures of the municipal corporation, county, or	6121
township, or in certificates of estimated revenues, for that year.	6122

The commission shall certify the schedule to the officers	6123
designated in division (F) of this section.	6124

(H) Deposit of amounts with the fiscal agent or trustee	6125
pursuant to the schedule determined by the commission shall be	6126
made from local government fund distributions to or apportioned to	6127
the municipal corporation, county, or township as provided in this	6128
division. The apportionment of local government fund moneys to the	6129
municipal corporation, county, or township for any year from the	6130
undivided local government fund shall be determined as to the	6131
municipal corporation, county, or township without regard to the	6132
amounts to be deposited with the fiscal agent or trustee in that	6133
year in accordance with division (G) of this section. After the	6134
amount of the undivided local government fund apportioned to the	6135
municipal corporation, county, or township for a calendar year is	6136
determined, the county auditor and the county treasurer shall	6137
withhold from each monthly amount to be distributed to the	6138
municipal corporation, county, or township from the undivided	6139
local government fund, and transmit to the fiscal agent or trustee	6140
for deposit, one-twelfth of the amount scheduled for deposit in	6141
that year pursuant to division (G) of this section.	6142

(I) If the commission approves the application, the municipal	6143
corporation, county, or township may proceed with the issuance of	6144
the notes as approved by the commission.	6145

All notes issued under authority of this section are lawful	6146
investments for the entities enumerated in division (A)(1) of	6147
section 133.03 of the Revised Code and are eligible as security	6148
for the repayment of the deposit of public moneys.	6149

Upon the issuance of any notes under this section, the fiscal	6150
officer of the municipal corporation, county, or township shall	6151
certify the fact of the issuance to the county auditor and shall	6152
also certify to the county auditor the last calendar year in which	6153
any of the notes are scheduled to mature.	6154

(J) After the legislative authority of the municipal	6155
corporation, county, or township has passed an ordinance or	6156
resolution authorizing the issuance of local government fund notes	6157
and subsequent to the commission's preliminary or final approval	6158
of the ordinance or resolution, the director of law, prosecuting	6159
attorney, or other chief legal officer of the municipal	6160
corporation, county, or township shall certify a sample of the	6161
form and content of a note to be used to issue the local	6162
government fund notes to the commission. The commission shall	6163
determine whether the sample note is consistent with this section	6164
and the ordinance or resolution authorizing the issuance of the	6165
local government fund notes, and if the sample note is found to be	6166
consistent with this section and the ordinance, the commission	6167
shall approve the sample note for use by the municipal	6168
corporation, county, or township. The form and content of the	6169
notes to be used by the municipal corporation, county, or township	6170
in issuing the local government fund notes may be modified at any	6171
time subsequent to the commission's approval of the sample note	6172
upon the approval of the commission and the director of law,	6173
prosecuting attorney, or other chief legal officer of the	6174
municipal corporation, county, or township. The failure of the	6175
director of law, prosecuting attorney, or other chief legal	6176
officer of the municipal corporation, county, or township to make	6177
the certification required by this division shall not subject that	6178
legal officer to removal pursuant to the Revised Code or the	6179
charter of a municipal corporation. If the director of law,	6180
prosecuting attorney, or other chief legal officer fails or	6181
refuses to make the certification required by this division, or if	6182
any officer of the municipal corporation, county, or township	6183
fails or refuses to take any action required by this section or	6184
the ordinance or resolution authorizing the issuance or sale of	6185
local government fund notes, the mayor of the municipal	6186
corporation or the board of county commissioners or board of	6187
township trustees may cause the commencement of a mandamus action	6188
in the supreme court against the director of law, prosecuting	6189
attorney, or other chief legal officer to secure the certification	6190
required by this division or other action required by this section	6191
or the ordinance or resolution. If an adjudication of the matters	6192
that could be adjudicated in validation proceedings under section	6193
133.70 of the Revised Code is necessary to a determination of the	6194
mandamus action, the mayor, the board of county commissioners, or	6195
the board of township trustees or the mayor's or board's legal	6196
counsel shall name and cause to be served as defendants to the	6197
mandamus action all of the following:	6198

(1) The director of law, prosecuting attorney, or other chief	6199
legal officer, or other official of the municipal corporation,	6200
county, or township, whose failure or refusal to act necessitated	6201
the action;	6202

(2) The municipal corporation, through its mayor, or the	6203
board of county commissioners or board of township trustees;	6204

(3) The financial planning and supervision commission,	6205
through its chairperson;	6206

(4) The prosecuting attorney and auditor of each county in	6207
which the municipal corporation, county, or township is located,	6208
in whole or in part;	6209

(5) The auditor of state;

6210

(6) The property owners, taxpayers, citizens of the municipal	6211
corporation, county, or township and others having or claiming any	6212
right, title, or interest in any property or funds to be affected	6213
by the issuance of the local government fund notes by the	6214
municipal corporation, county, or township, or otherwise affected	6215
in any way thereby.	6216

Service upon all defendants described in division (J)(6) of	6217
this section shall be either by publication three times, with at	6218
least six days between each publication, in a newspaper of general	6219
circulation in Franklin county and a newspaper of general	6220
circulation in the county or counties where the municipal	6221
corporation, county, or township is located, or by publication in	6222
both such newspapers as provided in section 7.16 of the Revised	6223
Code. The publication and the notice shall indicate that the	6224
nature of the action is in mandamus, the name of the parties to	6225
the action, and that the action may result in the validation of	6226
the subject local government fund notes. Authorization to commence	6227
such an action by the legislative authority of the municipal	6228
corporation, county, or township is not required.	6229

A copy of the complaint in the mandamus action shall be	6230
served personally or by certified mail upon the attorney general.	6231
If the attorney general has reason to believe that the complaint	6232
is defective, insufficient, or untrue, or if in the attorney	6233
general's opinion the issuance of the local government fund notes	6234
is not lawful or has not been duly authorized, defense shall be	6235
made to the complaint as the attorney general considers proper.	6236

(K) The action in mandamus authorized by division (J) of this	6237
section shall take priority over all other civil cases pending in	6238
the court, except habeas corpus, and shall be determined with the	6239
least possible delay. The supreme court may determine that the	6240
local government fund notes will be consistent with the purpose	6241
and effects, including not occupying the indirect debt limit,	6242
provided for in this section and will be validly issued and	6243
acquired. Such a determination shall include a finding of	6244
validation of the subject local government fund notes if the court	6245
specifically finds that:	6246

(1) The complaint in mandamus, or subsequent pleadings,	6247
include appropriate allegations required by division (C) of	6248
section 133.70 of the Revised Code, and that the proceeding is in	6249
lieu of an action to validate under section 133.70 of the Revised	6250
Code;	6251

(2) All parties described in divisions (J)(1) to (6) of this	6252
section have been duly served with notice or are otherwise	6253
properly before the court;	6254

(3) Notice of the action has been published as required by	6255
division (J) of this section;	6256

(4) The effect of validation is required to provide a	6257
complete review and determination of the controversy in mandamus,	6258
and to avoid duplication of litigation, danger of inconsistent	6259
results, or inordinate delay in light of the fiscal emergency, or	6260
that a disposition in the mandamus action would, as a practical	6261
matter, be dispositive of any subsequent validation proceedings	6262
under section 133.70 of the Revised Code.	6263

(L) Any decision that includes a finding of validation has	6264
the same effect as a validation order established by an action	6265
under section 133.70 of the Revised Code.	6266

(M) Divisions (J) and (K) of this section do not prevent a	6267
municipal corporation, county, or township from using section	6268
133.70 of the Revised Code to validate local government fund notes	6269
by the filing of a petition for validation in the court of common	6270
pleas of the county in which the municipal corporation, county, or	6271
township is located, in whole or in part.	6272

(N) It is hereby determined by the general assembly that a	6273
validation action authorized by section 133.70 of the Revised Code	6274
is not an adequate remedy at law with respect to a municipal	6275
corporation, county, or township that is a party to a mandamus	6276
action pursuant to divisions (J) and (K) of this section and in	6277
which a fiscal emergency condition has been determined to exist	6278
pursuant to section 118.04 of the Revised Code because of, but not	6279
limited to, the following reasons:	6280

(1) It is urgently necessary for such a municipal	6281
corporation, county, or township to take prompt action to issue	6282
local government fund notes for the purposes provided in division	6283
(C) of this section;	6284

(2) The potentially ruinous effect upon the fiscal condition	6285
of a municipal corporation, county, or township by the passage of	6286
the time required to adjudicate such a separate validation action	6287
and any appeals thereof;	6288

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

6289

Sec. 118.31. (A) Upon petition of the financial supervisor	6290
and approval of the financial planning and supervision commission,	6291
if any, the attorney general shall file a court action to dissolve	6292
a municipal corporation or township if all of the following	6293
conditions apply:	6294

(1) The municipal corporation or township has a population of	6295
less than five thousand as of the most recent federal decennial	6296
census.	6297

(2) The municipal corporation or township has been under a	6298
fiscal emergency for at least four consecutive years.	6299

(3) Implementation of the financial plan of the municipal	6300
corporation or township required under this chapter cannot	6301
reasonably be expected to correct and eliminate all fiscal	6302
emergency conditions within five years.	6303

(B) If the court finds that all of the conditions described	6304
in division (A) of this section apply to the municipal corporation	6305
or township, it shall appoint a receiver. The receiver, under	6306
court supervision, shall work with executive and legislative	6307
officers of the municipal corporation or township to wind up the	6308
affairs of and dissolve the municipal corporation in accordance	6309
with section 703.21 of the Revised Code or the township in	6310
accordance with the process in section 503.02 and sections 503.17	6311
to 503.21 of the Revised Code.	6312

Sec. 118.99. (A) During the fiscal emergency period, no	6313
officer or employee of the municipal corporation, county, or	6314
township shall do any of the following:	6315

(1) Knowingly enter into any contract, financial obligation,	6316
or other liability of the municipal corporation, county, or	6317
township involving an expenditure, or make any expenditure in	6318
excess of the amount permitted by section 118.12 of the Revised	6319
Code;	6320

(2) Knowingly enter into any contract, financial obligation,	6321
or other liability of the municipal corporation, county, or	6322
township, or knowingly execute or deliver debt obligations, or	6323
transfer, advance, or borrow moneys from one fund of the municipal	6324
corporation, county, or township to or for any other fund of the	6325
municipal corporation, county, or township where any of such	6326
actions are required to be approved by the financial planning and	6327
supervision commission unless such actions have been so approved	6328
or deemed to be approved as provided in or pursuant to this	6329
chapter;	6330

(3) Knowingly fail or refuse to take any of the actions	6331
required by this chapter for the preparation or amendment of the	6332
financial plan, or knowingly prepare, present, or certify any	6333
information or report for the commission or any of its employees,	6334
advisory committees, task forces, or agents that is false or	6335
misleading or which is recklessly prepared or presented without	6336
due care for its accuracy, or, upon learning that any such	6337
information is false or misleading, or was recklessly prepared or	6338
presented, knowingly fail promptly to advise the commission, or	6339
the employee, advisory committee, task force, or agent to whom	6340
such information was given, of that fact;	6341

(4) Knowingly use or cause to be used moneys of a	6342
construction fund for purposes other than the lawful purposes of	6343
the construction fund, or knowingly use or cause to be used moneys	6344
of a fund created under this chapter for the payment of principal	6345
and interest on debt obligations, or a bond retirement fund, or	6346
sinking fund for other than the payment of the principal of and	6347
interest on debt obligations or other authorized costs or payments	6348
from such funds, or knowingly fail to perform the duty of such	6349
officer or employee to cause the prompt deposit of moneys to any	6350
of the funds referred to in this division.	6351

(B) The prohibitions set forth in division (A) of this	6352
section are in addition to any other prohibitions provided by law	6353
for a municipal corporation, county, or township, or by or	6354
pursuant to a municipal charter.	6355

(C) In addition to any other penalty or liability provided by	6356
law for a municipal corporation, county, or township, or by or	6357
pursuant to a municipal charter, a violation of division (A)(1),	6358
(2), (3), or (4) of this section is a misdemeanor of the second	6359
degree. Upon conviction of any officer or employee of a municipal	6360
corporation, county, or township for any violation under division	6361
(A)(1), (2), (3), or (4) of this section, such officer or employee	6362
shall forfeit office or employment. For the seven-year period	6363
immediately following the date of conviction, such officer shall	6364
also be ineligible to hold any public office or other position of	6365
trust in this state or be employed by any public entity in this	6366
state.	6367

Sec. 119.032. (A) As used in this section:

6368

(1) "Agency" includes both an agency as defined in division	6369
(A)(2) of section 111.15 and an agency as defined in division (A)	6370
of section 119.01 of the Revised Code.	6371

(2) "Review date" means the review date assigned to a rule by	6372
an agency under division (B) or (E)(2) of this section or under	6373
section 111.15, 119.04, or 4141.14 of the Revised Code or a review	6374
date assigned to a rule by the joint committee on agency rule	6375
review under division (B) of this section.	6376

(3)(a) "Rule" means only a rule whose adoption, amendment, or	6377
rescission is subject to review under division (D) of section	6378
111.15 or division (H) of section 119.03 of the Revised Code.	6379

(b) "Rule" does not include a rule adopted, amended, or	6380
rescinded by the department of taxation under section 5703.14 of	6381
the Revised Code, a rule of a state college or university,	6382
community college district, technical college district, or state	6383
community college, or a rule that is consistent with and	6384
equivalent to the form required by a federal law and that does not	6385
exceed the minimum scope and intent of that federal law.	6386

(B) Not later than March 25, 1997, each agency shall assign a	6387
review date to each of its rules that is currently in effect and	6388
shall notify the joint committee on agency rule review of the	6389
review date for each such rule. The agency shall assign review	6390
dates to its rules so that approximately one-fifth of the rules	6391
are scheduled for review during each calendar year of the	6392
five-year period that begins March 25, 1997, except that an	6393
agency, with the joint committee's approval, may set a review	6394
schedule for the agency's rules in which there is no requirement	6395
that approximately one-fifth of the agency's rules be assigned a	6396
review date during each calendar year of the five-year period but	6397
in which all of the agency's rules are assigned a review date	6398
during that five-year period. An agency may change the review	6399
dates it has assigned to specific rules so long as the agency	6400
complies with the five-year time deadline specified in this	6401
division.	6402

Upon the request of the agency that adopted the rule, the	6403
joint committee on agency rule review may extend a review date of	6404
a rule to a date that is not later than one hundred eighty days	6405
after the original review date assigned to the rule by the agency	6406
under this division, division (E)(2) of this section, or section	6407
111.15, 119.04, or 4141.14 of the Revised Code. The joint	6408
committee may further extend a review date that has been extended	6409
under this paragraph if appropriate under the circumstances.	6410

(C) Prior to the review date of a rule, the agency that	6411
adopted the rule shall review the rule to determine all of the	6412
following:	6413

(1) Whether the rule should be continued without amendment,	6414
be amended, or be rescinded, taking into consideration the	6415
purpose, scope, and intent of the statute under which the rule was	6416
adopted;	6417

(2) Whether the rule needs amendment or rescission to give	6418
more flexibility at the local level;	6419

(3) Whether the rule needs amendment or rescission to	6420
eliminate unnecessary paperwork, or whether the rule incorporates	6421
a text or other material by reference and, if so, whether the text	6422
or other material incorporated by reference is deposited or	6423
displayed as required by section 121.74 of the Revised Code and	6424
whether the incorporation by reference meets the standards stated	6425
in sections 121.72, 121.75, and 121.76 of the Revised Code;	6426

(4) Whether the rule duplicates, overlaps with, or conflicts	6427
with other rules;	6428

(5) Whether the rule has an adverse impact on businesses, as	6429
~~determined~~reviewing the rule as if it were a draft rule being	6430
reviewed under ~~section~~sections 107.52 and 107.53 of the Revised	6431
Code, and whether any such adverse impact has been eliminated or	6432
reduced ~~as required under section 121.82 of the Revised Code~~.	6433

(D) In making the review required under division (C) of this	6434
section, the agency shall consider the continued need for the	6435
rule, the nature of any complaints or comments received concerning	6436
the rule, and any relevant factors that have changed in the	6437
subject matter area affected by the rule.	6438

(E)(1) On or before the designated review date of a rule, the	6439
agency that adopted the rule shall proceed under division (E)(2)	6440
or (5) of this section to indicate that the agency has reviewed	6441
the rule.	6442

(2) If the agency has determined that the rule does not need	6443
to be amended or rescinded, the agency shall file all the	6444
following, in electronic form, with the joint committee on agency	6445
rule review, the secretary of state, and the director of the	6446
legislative service commission: a copy of the rule, a statement of	6447
the agency's determination, and an accurate rule summary and	6448
fiscal analysis for the rule as described in section 127.18 of the	6449
Revised Code. The agency shall assign a new review date to the	6450
rule, which shall not be later than five years after the rule's	6451
immediately preceding review date. After the joint committee has	6452
reviewed such a rule for the first time, including any rule that	6453
was in effect on September 26, 1996, the agency in its subsequent	6454
reviews of the rule may provide the same fiscal analysis it	6455
provided to the joint committee during its immediately preceding	6456
review of the rule unless any of the conditions described in	6457
division (B)(4), (5), (6), (8), (9), or (10) of section 127.18 of	6458
the Revised Code, as they relate to the rule, have appreciably	6459
changed since the joint committee's immediately preceding review	6460
of the rule. If any of these conditions, as they relate to the	6461
rule, have appreciably changed, the agency shall provide the joint	6462
committee with an updated fiscal analysis for the rule. If no	6463
review date is assigned to a rule, or if a review date assigned to	6464
a rule exceeds the five-year maximum, the review date for the rule	6465
is five years after its immediately preceding review date. The	6466
joint committee shall give public notice in the register of Ohio	6467
of the agency's determination after receiving a notice from the	6468
agency under division (E)(2) of this section. The joint committee	6469
shall transmit a copy of the notice in electronic form to the	6470
director of the legislative service commission. The director shall	6471
publish the notice in the register of Ohio for four consecutive	6472
weeks after its receipt.	6473

(3) During the ninety-day period following the date the joint	6474
committee receives a notice under division (E)(2) of this section	6475
but after the four-week period described in division (E)(2) of	6476
this section has ended, the joint committee, by a two-thirds vote	6477
of the members present, may recommend the adoption of a concurrent	6478
resolution invalidating the rule if the joint committee determines	6479
that any of the following apply:	6480

(a) The agency improperly applied the criteria described in	6481
divisions (C) and (D) of this section in reviewing the rule and in	6482
recommending its continuance without amendment or rescission.	6483

(b) The agency failed to file proper notice with the joint	6484
committee regarding the rule, or if the rule incorporates a text	6485
or other material by reference, the agency failed to file, or to	6486
deposit or display, the text or other material incorporated by	6487
reference as required by section 121.73 or 121.74 of the Revised	6488
Code or the incorporation by reference fails to meet the standards	6489
stated in section 121.72, 121.75, or 121.76 of the Revised Code.	6490

(c) The rule has an adverse impact on businesses, as	6491
determined under section 107.52 of the Revised Code, and the	6492
agency has not eliminated or reduced that impact as required under	6493
section 121.82 of the Revised Code.	6494

(4) If the joint committee does not take the action described	6495
in division (E)(3) of this section regarding a rule during the	6496
ninety-day period after the date the joint committee receives a	6497
notice under division (E)(2) of this section regarding that rule,	6498
the rule shall continue in effect without amendment and shall be	6499
next reviewed by the joint committee by the date designated by the	6500
agency in the notice provided to the joint committee under	6501
division (E)(2) of this section.	6502

(5) If the agency has determined that a rule reviewed under	6503
division (C) of this section needs to be amended or rescinded, the	6504
agency, on or before the rule's review date, shall file the rule	6505
as amended or rescinded in accordance with section 111.15, 119.03,	6506
or 4141.14 of the Revised Code, as applicable.	6507

(6) Each agency shall provide the joint committee with a copy	6508
of the rules that it has determined are rules described in	6509
division (A)(3)(b) of this section. At a time the joint committee	6510
designates, each agency shall appear before the joint committee	6511
and explain why it has determined that such rules are rules	6512
described in division (A)(3)(b) of this section. The joint	6513
committee, by a two-thirds vote of the members present, may	6514
determine that any of such rules are rules described in division	6515
(A)(3)(a) of this section. After the joint committee has made such	6516
a determination relating to a rule, the agency shall thereafter	6517
treat the rule as a rule described in division (A)(3)(a) of this	6518
section.	6519

(F) If an agency fails to provide the notice to the joint	6520
committee required under division (E)(2) of this section regarding	6521
a rule or otherwise fails by the rule's review date to take any	6522
action regarding the rule required by this section, the joint	6523
committee, by a majority vote of the members present, may	6524
recommend the adoption of a concurrent resolution invalidating the	6525
rule. The joint committee shall not recommend the adoption of such	6526
a resolution until it has afforded the agency the opportunity to	6527
appear before the joint committee to show cause why the joint	6528
committee should not recommend the adoption of such a resolution	6529
regarding that rule.	6530

(G) If the joint committee recommends adoption of a	6531
concurrent resolution invalidating a rule under division (E)(3) or	6532
(F) of this section, the adoption of the concurrent resolution	6533
shall be in the manner described in division (I) of section 119.03	6534
of the Revised Code.	6535

Sec. 120.40. (A) The pay ranges established by the board of	6536
county commissioners for the county public defender ~~and staff,~~ and	6537
those established by the joint board of county commissioners for	6538
the joint county public defender ~~and staff,~~ shall not exceed the	6539
pay ranges assigned under section ~~124.14~~325.11 of the Revised	6540
Code for ~~comparable positions of the Ohio public defender and~~	6541
~~staff~~county prosecutors.	6542

(B) The pay ranges established by the board of county	6543
commissioners for the staff of the county public defender and	6544
those established by the joint board of county commissioners for	6545
the staff of the joint county public defender shall not exceed the	6546
pay ranges assigned under section 124.14 of the Revised Code for	6547
comparable positions of the staff of the Ohio public defender.	6548

Sec. 121.03. The following administrative department heads	6549
shall be appointed by the governor, with the advice and consent of	6550
the senate, and shall hold their offices during the term of the	6551
appointing governor, and are subject to removal at the pleasure of	6552
the governor.	6553

(A) The director of budget and management;

6554

(B) The director of commerce;

6555

6556

(D) The director of agriculture;

6557

(E) The director of job and family services;

6558

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

6559

(G) The director of public safety;

6560

(H) The superintendent of insurance;

6561

(I) The director of development;

6562

(J) The tax commissioner;

6563

(K) The director of administrative services;

6564

(L) The director of natural resources;

6565

(M) The director of mental health;

6566

(N) The director of developmental disabilities;

6567

(O) The director of health;

6568

(P) The director of youth services;

6569

(Q) The director of rehabilitation and correction;

6570

(R) The director of environmental protection;

6571

(S) The director of aging;

6572

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

6573

(U) The administrator of workers' compensation who meets the	6574
qualifications required under division (A) of section 4121.121 of	6575
the Revised Code;	6576

(V) The director of veterans services who meets the	6577
qualifications required under section 5902.01 of the Revised Code;	6578

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

6579

Sec. 121.04. Offices are created within the several	6580
departments as follows:	6581

In the department of commerce:

6582

		Commissioner of securities;		6583
		Superintendent of real estate and professional licensing;		6584
		Superintendent of financial institutions;		6585
		State fire marshal;		6586
		Superintendent of labor;		6587
		Superintendent of liquor control;		6588
		Superintendent of unclaimed funds.		6589

In the department of administrative services:

6590

		State architect and engineer;		6591
		Equal employment opportunity coordinator.		6592

In the department of agriculture:

6593

Chiefs of divisions as follows:

6594

		Administration;		6595
		Animal industry;		6596
		Dairy;		6597
		Food safety;		6598
		Plant industry;		6599
		Markets;		6600
		Meat inspection;		6601
		Consumer analytical laboratory;		6602
		Amusement ride safety;		6603
		Enforcement;		6604
		Weights and measures.		6605

In the department of natural resources:

6606

Chiefs of divisions as follows:

6607

				6608
		Mineral resources management;		6609
		Oil and gas resources management;		6610
		Forestry;		6611
		Natural areas and preserves;		6612
		Wildlife;		6613
		Geological survey;		6614
		Parks and recreation;		6615
		Watercraft;		6616
		Recycling and litter prevention;		6617
		Soil and water resources;		6618
		Engineering.		6619

In the department of insurance:

6620

		Deputy superintendent of insurance;		6621
		Assistant superintendent of insurance, technical;		6622
		Assistant superintendent of insurance, administrative;		6623
		Assistant superintendent of insurance, research.		6624

Sec. 121.22. (A) This section shall be liberally construed	6625
to require public officials to take official action and to conduct	6626
all deliberations upon official business only in open meetings	6627
unless the subject matter is specifically excepted by law.	6628

(B) As used in this section:

6629

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

6630

(a) Any board, commission, committee, council, or similar	6631
decision-making body of a state agency, institution, or authority,	6632
and any legislative authority or board, commission, committee,	6633
council, agency, authority, or similar decision-making body of any	6634
county, township, municipal corporation, school district, or other	6635
political subdivision or local public institution;	6636

(b) Any committee or subcommittee of a body described in	6637
division (B)(1)(a) of this section;	6638

(c) A court of jurisdiction of a sanitary district organized	6639
wholly for the purpose of providing a water supply for domestic,	6640
municipal, and public use when meeting for the purpose of the	6641
appointment, removal, or reappointment of a member of the board of	6642
directors of such a district pursuant to section 6115.10 of the	6643
Revised Code, if applicable, or for any other matter related to	6644
such a district other than litigation involving the district. As	6645
used in division (B)(1)(c) of this section, "court of	6646
jurisdiction" has the same meaning as "court" in section 6115.01	6647
of the Revised Code.	6648

(2) "Meeting" means any prearranged discussion of the public	6649
business of the public body by a majority of its members.	6650

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

6651

(a) A student in a state or local public educational	6652
institution;	6653

(b) A person who is, voluntarily or involuntarily, an inmate,	6654
patient, or resident of a state or local institution because of	6655
criminal behavior, mental illness or retardation, disease,	6656
disability, age, or other condition requiring custodial care.	6657

(4) "Public office" has the same meaning as in section	6658
149.011 of the Revised Code.	6659

(C) All meetings of any public body are declared to be public	6660
meetings open to the public at all times. A member of a public	6661
body shall be present in person at a meeting open to the public to	6662
be considered present or to vote at the meeting and for purposes	6663
of determining whether a quorum is present at the meeting.	6664

The minutes of a regular or special meeting of any public	6665
body shall be promptly prepared, filed, and maintained and shall	6666
be open to public inspection. The minutes need only reflect the	6667
general subject matter of discussions in executive sessions	6668
authorized under division (G) or (J) of this section.	6669

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

6670

(1) A grand jury;

6671

(2) An audit conference conducted by the auditor of state or	6672
independent certified public accountants with officials of the	6673
public office that is the subject of the audit;	6674

(3) The adult parole authority when its hearings are	6675
conducted at a correctional institution for the sole purpose of	6676
interviewing inmates to determine parole or pardon;	6677

(4) The organized crime investigations commission established	6678
under section 177.01 of the Revised Code;	6679

(5) Meetings of a child fatality review board established	6680
under section 307.621 of the Revised Code and meetings conducted	6681
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	6682

(6) The state medical board when determining whether to	6683
suspend a certificate without a prior hearing pursuant to division	6684
(G) of either section 4730.25 or 4731.22 of the Revised Code;	6685

(7) The board of nursing when determining whether to suspend	6686
a license or certificate without a prior hearing pursuant to	6687
division (B) of section 4723.281 of the Revised Code;	6688

(8) The state board of pharmacy when determining whether to	6689
suspend a license without a prior hearing pursuant to division (D)	6690
of section 4729.16 of the Revised Code;	6691

(9) The state chiropractic board when determining whether to	6692
suspend a license without a hearing pursuant to section 4734.37 of	6693
the Revised Code;	6694

(10) The executive committee of the emergency response	6695
commission when determining whether to issue an enforcement order	6696
or request that a civil action, civil penalty action, or criminal	6697
action be brought to enforce Chapter 3750. of the Revised Code;	6698

(11) The board of directors of the nonprofit corporation	6699
formed under section 187.01 of the Revised Code or any committee	6700
thereof, and the board of directors of any subsidiary of that	6701
corporation or a committee thereof;	6702

(12) An audit conference conducted by the audit staff of the	6703
department of job and family services with officials of the public	6704
office that is the subject of that audit under section 5101.37 of	6705
the Revised Code.	6706

(E) The controlling board, the development financing advisory	6707
council, the industrial technology and enterprise advisory	6708
council, the tax credit authority, or the minority development	6709
financing advisory board, when meeting to consider granting	6710
assistance pursuant to Chapter 122. or 166. of the Revised Code,	6711
in order to protect the interest of the applicant or the possible	6712
investment of public funds, by unanimous vote of all board,	6713
council, or authority members present, may close the meeting	6714
during consideration of the following information confidentially	6715
received by the authority, council, or board from the applicant:	6716

(1) Marketing plans;

6717

(2) Specific business strategy;

6718

(3) Production techniques and trade secrets;

6719

(4) Financial projections;

6720

(5) Personal financial statements of the applicant or members	6721
of the applicant's immediate family, including, but not limited	6722
to, tax records or other similar information not open to public	6723
inspection.	6724

The vote by the authority, council, or board to accept or	6725
reject the application, as well as all proceedings of the	6726
authority, council, or board not subject to this division, shall	6727
be open to the public and governed by this section.	6728

(F) Every public body, by rule, shall establish a reasonable	6729
method whereby any person may determine the time and place of all	6730
regularly scheduled meetings and the time, place, and purpose of	6731
all special meetings. A public body shall not hold a special	6732
meeting unless it gives at least twenty-four hours' advance notice	6733
to the news media that have requested notification, except in the	6734
event of an emergency requiring immediate official action. In the	6735
event of an emergency, the member or members calling the meeting	6736
shall notify the news media that have requested notification	6737
immediately of the time, place, and purpose of the meeting.	6738

The rule shall provide that any person, upon request and	6739
payment of a reasonable fee, may obtain reasonable advance	6740
notification of all meetings at which any specific type of public	6741
business is to be discussed. Provisions for advance notification	6742
may include, but are not limited to, mailing the agenda of	6743
meetings to all subscribers on a mailing list or mailing notices	6744
in self-addressed, stamped envelopes provided by the person.	6745

(G) Except as provided in division (J) of this section, the	6746
members of a public body may hold an executive session only after	6747
a majority of a quorum of the public body determines, by a roll	6748
call vote, to hold an executive session and only at a regular or	6749
special meeting for the sole purpose of the consideration of any	6750
of the following matters:	6751

(1) To consider the appointment, employment, dismissal,	6752
discipline, promotion, demotion, or compensation of a public	6753
employee or official, or the investigation of charges or	6754
complaints against a public employee, official, licensee, or	6755
regulated individual, unless the public employee, official,	6756
licensee, or regulated individual requests a public hearing.	6757
Except as otherwise provided by law, no public body shall hold an	6758
executive session for the discipline of an elected official for	6759
conduct related to the performance of the elected official's	6760
official duties or for the elected official's removal from office.	6761
If a public body holds an executive session pursuant to division	6762
(G)(1) of this section, the motion and vote to hold that executive	6763
session shall state which one or more of the approved purposes	6764
listed in division (G)(1) of this section are the purposes for	6765
which the executive session is to be held, but need not include	6766
the name of any person to be considered at the meeting.	6767

(2) To consider the purchase of property for public purposes,	6768
or for the sale of property at competitive bidding, if premature	6769
disclosure of information would give an unfair competitive or	6770
bargaining advantage to a person whose personal, private interest	6771
is adverse to the general public interest. No member of a public	6772
body shall use division (G)(2) of this section as a subterfuge for	6773
providing covert information to prospective buyers or sellers. A	6774
purchase or sale of public property is void if the seller or buyer	6775
of the public property has received covert information from a	6776
member of a public body that has not been disclosed to the general	6777
public in sufficient time for other prospective buyers and sellers	6778
to prepare and submit offers.	6779

If the minutes of the public body show that all meetings and	6780
deliberations of the public body have been conducted in compliance	6781
with this section, any instrument executed by the public body	6782
purporting to convey, lease, or otherwise dispose of any right,	6783
title, or interest in any public property shall be conclusively	6784
presumed to have been executed in compliance with this section	6785
insofar as title or other interest of any bona fide purchasers,	6786
lessees, or transferees of the property is concerned.	6787

(3) Conferences with an attorney for the public body	6788
concerning disputes involving the public body that are the subject	6789
of pending or imminent court action;	6790

(4) Preparing for, conducting, or reviewing negotiations or	6791
bargaining sessions with public employees concerning their	6792
compensation or other terms and conditions of their employment;	6793

(5) Matters required to be kept confidential by federal law	6794
or regulations or state statutes;	6795

(6) Details relative to the security arrangements and	6796
emergency response protocols for a public body or a public office,	6797
if disclosure of the matters discussed could reasonably be	6798
expected to jeopardize the security of the public body or public	6799
office;	6800

(7) In the case of a county hospital operated pursuant to	6801
Chapter 339. of the Revised Code, a joint township hospital	6802
operated pursuant to Chapter 513. of the Revised Code, or a	6803
municipal hospital operated pursuant to Chapter 749. of the	6804
Revised Code, to consider trade secrets, as defined in section	6805
1333.61 of the Revised Code.	6806

If a public body holds an executive session to consider any	6807
of the matters listed in divisions (G)(2) to (7) of this section,	6808
the motion and vote to hold that executive session shall state	6809
which one or more of the approved matters listed in those	6810
divisions are to be considered at the executive session.	6811

A public body specified in division (B)(1)(c) of this section	6812
shall not hold an executive session when meeting for the purposes	6813
specified in that division.	6814

(H) A resolution, rule, or formal action of any kind is	6815
invalid unless adopted in an open meeting of the public body. A	6816
resolution, rule, or formal action adopted in an open meeting that	6817
results from deliberations in a meeting not open to the public is	6818
invalid unless the deliberations were for a purpose specifically	6819
authorized in division (G) or (J) of this section and conducted at	6820
an executive session held in compliance with this section. A	6821
resolution, rule, or formal action adopted in an open meeting is	6822
invalid if the public body that adopted the resolution, rule, or	6823
formal action violated division (F) of this section.	6824

(I)(1) Any person may bring an action to enforce this	6825
section. An action under division (I)(1) of this section shall be	6826
brought within two years after the date of the alleged violation	6827
or threatened violation. Upon proof of a violation or threatened	6828
violation of this section in an action brought by any person, the	6829
court of common pleas shall issue an injunction to compel the	6830
members of the public body to comply with its provisions.	6831

(2)(a) If the court of common pleas issues an injunction	6832
pursuant to division (I)(1) of this section, the court shall order	6833
the public body that it enjoins to pay a civil forfeiture of five	6834
hundred dollars to the party that sought the injunction and shall	6835
award to that party all court costs and, subject to reduction as	6836
described in division (I)(2) of this section, reasonable	6837
attorney's fees. The court, in its discretion, may reduce an award	6838
of attorney's fees to the party that sought the injunction or not	6839
award attorney's fees to that party if the court determines both	6840
of the following:	6841

(i) That, based on the ordinary application of statutory law	6842
and case law as it existed at the time of violation or threatened	6843
violation that was the basis of the injunction, a well-informed	6844
public body reasonably would believe that the public body was not	6845
violating or threatening to violate this section;	6846

(ii) That a well-informed public body reasonably would	6847
believe that the conduct or threatened conduct that was the basis	6848
of the injunction would serve the public policy that underlies the	6849
authority that is asserted as permitting that conduct or	6850
threatened conduct.	6851

(b) If the court of common pleas does not issue an injunction	6852
pursuant to division (I)(1) of this section and the court	6853
determines at that time that the bringing of the action was	6854
frivolous conduct, as defined in division (A) of section 2323.51	6855
of the Revised Code, the court shall award to the public body all	6856
court costs and reasonable attorney's fees, as determined by the	6857
court.	6858

(3) Irreparable harm and prejudice to the party that sought	6859
the injunction shall be conclusively and irrebuttably presumed	6860
upon proof of a violation or threatened violation of this section.	6861

(4) A member of a public body who knowingly violates an	6862
injunction issued pursuant to division (I)(1) of this section may	6863
be removed from office by an action brought in the court of common	6864
pleas for that purpose by the prosecuting attorney or the attorney	6865
general.	6866

(J)(1) Pursuant to division (C) of section 5901.09 of the	6867
Revised Code, a veterans service commission shall hold an	6868
executive session for one or more of the following purposes unless	6869
an applicant requests a public hearing:	6870

(a) Interviewing an applicant for financial assistance under	6871
sections 5901.01 to 5901.15 of the Revised Code;	6872

(b) Discussing applications, statements, and other documents	6873
described in division (B) of section 5901.09 of the Revised Code;	6874

(c) Reviewing matters relating to an applicant's request for	6875
financial assistance under sections 5901.01 to 5901.15 of the	6876
Revised Code.	6877

(2) A veterans service commission shall not exclude an	6878
applicant for, recipient of, or former recipient of financial	6879
assistance under sections 5901.01 to 5901.15 of the Revised Code,	6880
and shall not exclude representatives selected by the applicant,	6881
recipient, or former recipient, from a meeting that the commission	6882
conducts as an executive session that pertains to the applicant's,	6883
recipient's, or former recipient's application for financial	6884
assistance.	6885

(3) A veterans service commission shall vote on the grant or	6886
denial of financial assistance under sections 5901.01 to 5901.15	6887
of the Revised Code only in an open meeting of the commission. The	6888
minutes of the meeting shall indicate the name, address, and	6889
occupation of the applicant, whether the assistance was granted or	6890
denied, the amount of the assistance if assistance is granted, and	6891
the votes for and against the granting of assistance.	6892

Sec. 121.37. (A)(1) There is hereby created the Ohio family	6893
and children first cabinet council. The council shall be composed	6894
of the superintendent of public instruction, the administrator of	6895
the rehabilitation services commission, and the directors of youth	6896
services, job and family services, mental health, health, alcohol	6897
and drug addiction services, developmental disabilities, aging,	6898
rehabilitation and correction, and budget and management. The	6899
chairperson of the council shall be the governor or the governor's	6900
designee and shall establish procedures for the council's internal	6901
control and management.	6902

The purpose of the cabinet council is to help families	6903
seeking government services. This section shall not be interpreted	6904
or applied to usurp the role of parents, but solely to streamline	6905
and coordinate existing government services for families seeking	6906
assistance for their children.	6907

(2) In seeking to fulfill its purpose, the council may do any	6908
of the following:	6909

(a) Advise and make recommendations to the governor and	6910
general assembly regarding the provision of services to children;	6911

(b) Advise and assess local governments on the coordination	6912
of service delivery to children;	6913

(c) Hold meetings at such times and places as may be	6914
prescribed by the council's procedures and maintain records of the	6915
meetings, except that records identifying individual children are	6916
confidential and shall be disclosed only as provided by law;	6917

(d) Develop programs and projects, including pilot projects,	6918
to encourage coordinated efforts at the state and local level to	6919
improve the state's social service delivery system;	6920

(e) Enter into contracts with and administer grants to county	6921
family and children first councils, as well as other county or	6922
multicounty organizations to plan and coordinate service delivery	6923
between state agencies and local service providers for families	6924
and children;	6925

(f) Enter into contracts with and apply for grants from	6926
federal agencies or private organizations;	6927

(g) Enter into interagency agreements to encourage	6928
coordinated efforts at the state and local level to improve the	6929
state's social service delivery system. The agreements may include	6930
provisions regarding the receipt, transfer, and expenditure of	6931
funds;	6932

(h) Identify public and private funding sources for services	6933
provided to alleged or adjudicated unruly children and children	6934
who are at risk of being alleged or adjudicated unruly children,	6935
including regulations governing access to and use of the services;	6936

(i) Collect information provided by local communities	6937
regarding successful programs for prevention, intervention, and	6938
treatment of unruly behavior, including evaluations of the	6939
programs;	6940

(j) Identify and disseminate publications regarding alleged	6941
or adjudicated unruly children and children who are at risk of	6942
being alleged or adjudicated unruly children and regarding	6943
programs serving those types of children;	6944

(k) Maintain an inventory of strategic planning facilitators	6945
for use by government or nonprofit entities that serve alleged or	6946
adjudicated unruly children or children who are at risk of being	6947
alleged or adjudicated unruly children.	6948

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

6949

(a) Reviews of service and treatment plans for children for	6950
which such reviews are requested;	6951

(b) Assistance as the council determines to be necessary to	6952
meet the needs of children referred by county family and children	6953
first councils;	6954

(c) Monitoring and supervision of a statewide, comprehensive,	6955
coordinated, multi-disciplinary, interagency system for infants	6956
and toddlers with developmental disabilities or delays and their	6957
families, as established pursuant to federal grants received and	6958
administered by the department of health for early intervention	6959
services under the "Individuals with Disabilities Education Act of	6960
2004," 20 U.S.C.A. 1400, as amended.	6961

(4) The cabinet council shall develop and implement the	6962
following:	6963

(a) An interagency process to select the indicators that will	6964
be used to measure progress toward increasing child well-being in	6965
the state and to update the indicators on an annual basis. The	6966
indicators shall focus on expectant parents and newborns thriving;	6967
infants and toddlers thriving; children being ready for school;	6968
children and youth succeeding in school; youth choosing healthy	6969
behaviors; and youth successfully transitioning into adulthood.	6970

(b) An interagency system to offer guidance and monitor	6971
progress toward increasing child well-being in the state and in	6972
each county;	6973

(c) An annual plan that identifies state-level agency efforts	6974
taken to ensure progress towards increasing child well-being in	6975
the state.	6976

On an annual basis, the cabinet council shall submit to the	6977
governor and the general assembly a report on the status of	6978
efforts to increase child well-being in the state. This report	6979
shall be made available to any other person on request.	6980

(B)(1) Each board of county commissioners shall establish a	6981
county family and children first council. The board may invite any	6982
local public or private agency or group that funds, advocates, or	6983
provides services to children and families to have a	6984
representative become a permanent or temporary member of its	6985
county council. Each county council must include the following	6986
individuals:	6987

(a) At least three individuals who are not employed by an	6988
agency represented on the council and whose families are or have	6989
received services from an agency represented on the council or	6990
another county's council. Where possible, the number of members	6991
representing families shall be equal to twenty per cent of the	6992
council's membership.	6993

(b) The director of the board of alcohol, drug addiction, and	6994
mental health services that serves the county, or, in the case of	6995
a county that has a board of alcohol and drug addiction services	6996
and a community mental health board, the directors of both boards.	6997
If a board of alcohol, drug addiction, and mental health services	6998
covers more than one county, the director may designate a person	6999
to participate on the county's council.	7000

(c) The health commissioner, or the commissioner's designee,	7001
of the board of health of each city and general health district in	7002
the county. If the county has two or more health districts, the	7003
health commissioner membership may be limited to the commissioners	7004
of the two districts with the largest populations.	7005

(d) The director of the county department of job and family	7006
services;	7007

(e) The executive director of the public children services	7008
agency;	7009

(f) The superintendent of the county board of developmental	7010
disabilities;	7011

(g) The superintendent of the city, exempted village, or	7012
local school district with the largest number of pupils residing	7013
in the county, as determined by the department of education, which	7014
shall notify each board of county commissioners of its	7015
determination at least biennially;	7016

(h) A school superintendent representing all other school	7017
districts with territory in the county, as designated at a	7018
biennial meeting of the superintendents of those districts;	7019

(i) A representative of the municipal corporation with the	7020
largest population in the county;	7021

(j) The president of the board of county commissioners or an	7022
individual designated by the board;	7023

(k) A representative of the regional office of the department	7024
of youth services;	7025

(l) A representative of the county's head start agencies, as	7026
defined in section 3301.32 of the Revised Code;	7027

(m) A representative of the county's early intervention	7028
collaborative established pursuant to the federal early	7029
intervention program operated under the "Individuals with	7030
Disabilities Education Act of 2004";	7031

(n) A representative of a local nonprofit entity that funds,	7032
advocates, or provides services to children and families.	7033

Notwithstanding any other provision of law, the public	7034
members of a county council are not prohibited from serving on the	7035
council and making decisions regarding the duties of the council,	7036
including those involving the funding of joint projects and those	7037
outlined in the county's service coordination mechanism	7038
implemented pursuant to division (C) of this section.	7039

The cabinet council shall establish a state appeals process	7040
to resolve disputes among the members of a county council	7041
concerning whether reasonable responsibilities as members are	7042
being shared. The appeals process may be accessed only by a	7043
majority vote of the council members who are required to serve on	7044
the council. Upon appeal, the cabinet council may order that state	7045
funds for services to children and families be redirected to a	7046
county's board of county commissioners.	7047

The county's juvenile court judge senior in service or	7048
another judge of the juvenile court designated by the	7049
administrative judge or, where there is no administrative judge,	7050
by the judge senior in service shall serve as the judicial advisor	7051
to the county family and children first council. The judge may	7052
advise the county council on the court's utilization of resources,	7053
services, or programs provided by the entities represented by the	7054
members of the county council and how those resources, services,	7055
or programs assist the court in its administration of justice.	7056
Service of a judge as a judicial advisor pursuant to this section	7057
is a judicial function.	7058

(2) The purpose of the county council is to streamline and	7059
coordinate existing government services for families seeking	7060
services for their children. In seeking to fulfill its purpose, a	7061
county council shall provide for the following:	7062

(a) Referrals to the cabinet council of those children for	7063
whom the county council cannot provide adequate services;	7064

(b) Development and implementation of a process that annually	7065
evaluates and prioritizes services, fills service gaps where	7066
possible, and invents new approaches to achieve better results for	7067
families and children;	7068

(c) Participation in the development of a countywide,	7069
comprehensive, coordinated, multi-disciplinary, interagency system	7070
for infants and toddlers with developmental disabilities or delays	7071
and their families, as established pursuant to federal grants	7072
received and administered by the department of health for early	7073
intervention services under the "Individuals with Disabilities	7074
Education Act of 2004";	7075

(d) Maintenance of an accountability system to monitor the	7076
county council's progress in achieving results for families and	7077
children;	7078

(e) Establishment of a mechanism to ensure ongoing input from	7079
a broad representation of families who are receiving services	7080
within the county system.	7081

(3) A county council shall develop and implement the	7082
following:	7083

(a) An interagency process to establish local indicators and	7084
monitor the county's progress toward increasing child well-being	7085
in the county;	7086

(b) An interagency process to identify local priorities to	7087
increase child well-being. The local priorities shall focus on	7088
expectant parents and newborns thriving; infants and toddlers	7089
thriving; children being ready for school; children and youth	7090
succeeding in school; youth choosing healthy behaviors; and youth	7091
successfully transitioning into adulthood and take into account	7092
the indicators established by the cabinet council under division	7093
(A)(4)(a) of this section.	7094

(c) An annual plan that identifies the county's interagency	7095
efforts to increase child well-being in the county.	7096

On an annual basis, the county council shall submit a report	7097
on the status of efforts by the county to increase child	7098
well-being in the county to the county's board of county	7099
commissioners and the cabinet council. This report shall be made	7100
available to any other person on request.	7101

(4)(a) Except as provided in division (B)(4)(b) of this	7102
section, a county council shall comply with the policies,	7103
procedures, and activities prescribed by the rules or interagency	7104
agreements of a state department participating on the cabinet	7105
council whenever the county council performs a function subject to	7106
those rules or agreements.	7107

(b) On application of a county council, the cabinet council	7108
may grant an exemption from any rules or interagency agreements of	7109
a state department participating on the council if an exemption is	7110
necessary for the council to implement an alternative program or	7111
approach for service delivery to families and children. The	7112
application shall describe the proposed program or approach and	7113
specify the rules or interagency agreements from which an	7114
exemption is necessary. The cabinet council shall approve or	7115
disapprove the application in accordance with standards and	7116
procedures it shall adopt. If an application is approved, the	7117
exemption is effective only while the program or approach is being	7118
implemented, including a reasonable period during which the	7119
program or approach is being evaluated for effectiveness.	7120

(5)(a) Each county council shall designate an administrative	7121
agent for the council from among the following public entities:	7122
the board of alcohol, drug addiction, and mental health services,	7123
including a board of alcohol and drug addiction or a community	7124
mental health board if the county is served by separate boards;	7125
the board of county commissioners; any board of health of the	7126
county's city and general health districts; the county department	7127
of job and family services; the county agency responsible for the	7128
administration of children services pursuant to section 5153.15 of	7129
the Revised Code; the county board of developmental disabilities;	7130
any of the county's boards of education or governing boards of	7131
educational service centers; or the county's juvenile court. Any	7132
of the foregoing public entities, other than the board of county	7133
commissioners, may decline to serve as the council's	7134
administrative agent.	7135

A county council's administrative agent shall serve as the	7136
council's appointing authority for any employees of the council.	7137
The council shall file an annual budget with its administrative	7138
agent, with copies filed with the county auditor and with the	7139
board of county commissioners, unless the board is serving as the	7140
council's administrative agent. The council's administrative agent	7141
shall ensure that all expenditures are handled in accordance with	7142
policies, procedures, and activities prescribed by state	7143
departments in rules or interagency agreements that are applicable	7144
to the council's functions.	7145

The administrative agent of a county council shall send	7146
notice of a member's absence if a member listed in division (B)(1)	7147
of this section has been absent from either three consecutive	7148
meetings of the county council or a county council subcommittee,	7149
or from one-quarter of such meetings in a calendar year, whichever	7150
is less. The notice shall be sent to the board of county	7151
commissioners that establishes the county council and, for the	7152
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	7153
section, to the governing board overseeing the respective entity;	7154
for the member listed in division (B)(1)(f) of this section, to	7155
the county board of developmental disabilities that employs the	7156
superintendent; for a member listed in division (B)(1)(g) or (h)	7157
of this section, to the school board that employs the	7158
superintendent; for the member listed in division (B)(1)(i) of	7159
this section, to the mayor of the municipal corporation; for the	7160
member listed in division (B)(1)(k) of this section, to the	7161
director of youth services; and for the member listed in division	7162
(B)(1)(n) of this section, to that member's board of trustees.	7163

The administrative agent for a county council may do any of	7164
the following on behalf of the council:	7165

(i) Enter into agreements or administer contracts with public	7166
or private entities to fulfill specific council business. Such	7167
agreements and contracts are exempt from the competitive bidding	7168
requirements of section 307.86 of the Revised Code if they have	7169
been approved by the county council and they are for the purchase	7170
of family and child welfare or child protection services or other	7171
social or job and family services for families and children. The	7172
approval of the county council is not required to exempt	7173
agreements or contracts entered into under section 5139.34,	7174
5139.41, or 5139.43 of the Revised Code from the competitive	7175
bidding requirements of section 307.86 of the Revised Code.	7176

(ii) As determined by the council, provide financial	7177
stipends, reimbursements, or both, to family representatives for	7178
expenses related to council activity;	7179

(iii) Receive by gift, grant, devise, or bequest any moneys,	7180
lands, or other property for the purposes for which the council is	7181
established. The agent shall hold, apply, and dispose of the	7182
moneys, lands, or other property according to the terms of the	7183
gift, grant, devise, or bequest. Any interest or earnings shall be	7184
treated in the same manner and are subject to the same terms as	7185
the gift, grant, devise, or bequest from which it accrues.	7186

(b)(i) If the county council designates the board of county	7187
commissioners as its administrative agent, the board may, by	7188
resolution, delegate any of its powers and duties as	7189
administrative agent to an executive committee the board	7190
establishes from the membership of the county council. The board	7191
shall name to the executive committee at least the individuals	7192
described in divisions (B)(1)(b) to (h) of this section and may	7193
appoint the president of the board or another individual as the	7194
chair of the executive committee. The executive committee must	7195
include at least one family county council representative who does	7196
not have a family member employed by an agency represented on the	7197
council.	7198

(ii) The executive committee may, with the approval of the	7199
board, hire an executive director to assist the county council in	7200
administering its powers and duties. The executive director shall	7201
serve in the unclassified civil service at the pleasure of the	7202
executive committee. The executive director may, with the approval	7203
of the executive committee, hire other employees as necessary to	7204
properly conduct the county council's business.	7205

(iii) The board may require the executive committee to submit	7206
an annual budget to the board for approval and may amend or repeal	7207
the resolution that delegated to the executive committee its	7208
authority as the county council's administrative agent.	7209

(6) Two or more county councils may enter into an agreement	7210
to administer their county councils jointly by creating a regional	7211
family and children first council. A regional council possesses	7212
the same duties and authority possessed by a county council,	7213
except that the duties and authority apply regionally rather than	7214
to individual counties. Prior to entering into an agreement to	7215
create a regional council, the members of each county council to	7216
be part of the regional council shall meet to determine whether	7217
all or part of the members of each county council will serve as	7218
members of the regional council.	7219

(7) A board of county commissioners may approve a resolution	7220
by a majority vote of the board's members that requires the county	7221
council to submit a statement to the board each time the council	7222
proposes to enter into an agreement, adopt a plan, or make a	7223
decision, other than a decision pursuant to section 121.38 of the	7224
Revised Code, that requires the expenditure of funds for two or	7225
more families. The statement shall describe the proposed	7226
agreement, plan, or decision.	7227

Not later than fifteen days after the board receives the	7228
statement, it shall, by resolution approved by a majority of its	7229
members, approve or disapprove the agreement, plan, or decision.	7230
Failure of the board to pass a resolution during that time period	7231
shall be considered approval of the agreement, plan, or decision.	7232

An agreement, plan, or decision for which a statement is	7233
required to be submitted to the board shall be implemented only if	7234
it is approved by the board.	7235

(C) Each county shall develop a county service coordination	7236
mechanism. The county service coordination mechanism shall serve	7237
as the guiding document for coordination of services in the	7238
county. For children who also receive services under the help me	7239
grow program, the service coordination mechanism shall be	7240
consistent with rules adopted by the department of health under	7241
section 3701.61 of the Revised Code. All family service	7242
coordination plans shall be developed in accordance with the	7243
county service coordination mechanism. The mechanism shall be	7244
developed and approved with the participation of the county	7245
entities representing child welfare; mental retardation and	7246
developmental disabilities; alcohol, drug addiction, and mental	7247
health services; health; juvenile judges; education; the county	7248
family and children first council; and the county early	7249
intervention collaborative established pursuant to the federal	7250
early intervention program operated under the "Individuals with	7251
Disabilities Education Act of 2004." The county shall establish an	7252
implementation schedule for the mechanism. The cabinet council may	7253
monitor the implementation and administration of each county's	7254
service coordination mechanism.	7255

Each mechanism shall include all of the following:

7256

(1) A procedure for an agency, including a juvenile court, or	7257
a family voluntarily seeking service coordination, to refer the	7258
child and family to the county council for service coordination in	7259
accordance with the mechanism;	7260

(2) A procedure ensuring that a family and all appropriate	7261
staff from involved agencies, including a representative from the	7262
appropriate school district, are notified of and invited to	7263
participate in all family service coordination plan meetings;	7264

(3) A procedure that permits a family to initiate a meeting	7265
to develop or review the family's service coordination plan and	7266
allows the family to invite a family advocate, mentor, or support	7267
person of the family's choice to participate in any such meeting;	7268

(4) A procedure for ensuring that a family service	7269
coordination plan meeting is conducted for each child who receives	7270
service coordination under the mechanism and for whom an emergency	7271
out-of-home placement has been made or for whom a nonemergency	7272
out-of-home placement is being considered. The meeting shall be	7273
conducted within ten days of an emergency out-of-home placement.	7274
The meeting shall be conducted before a nonemergency out-of-home	7275
placement. The family service coordination plan shall outline how	7276
the county council members will jointly pay for services, where	7277
applicable, and provide services in the least restrictive	7278
environment.	7279

(5) A procedure for monitoring the progress and tracking the	7280
outcomes of each service coordination plan requested in the county	7281
including monitoring and tracking children in out-of-home	7282
placements to assure continued progress, appropriateness of	7283
placement, and continuity of care after discharge from placement	7284
with appropriate arrangements for housing, treatment, and	7285
education.	7286

(6) A procedure for protecting the confidentiality of all	7287
personal family information disclosed during service coordination	7288
meetings or contained in the comprehensive family service	7289
coordination plan.	7290

(7) A procedure for assessing the needs and strengths of any	7291
child or family that has been referred to the council for service	7292
coordination, including a child whose parent or custodian is	7293
voluntarily seeking services, and for ensuring that parents and	7294
custodians are afforded the opportunity to participate;	7295

(8) A procedure for development of a family service	7296
coordination plan described in division (D) of this section;	7297

(9) A local dispute resolution process to serve as the	7298
process that must be used first to resolve disputes among the	7299
agencies represented on the county council concerning the	7300
provision of services to children, including children who are	7301
abused, neglected, dependent, unruly, alleged unruly, or	7302
delinquent children and under the jurisdiction of the juvenile	7303
court and children whose parents or custodians are voluntarily	7304
seeking services. The local dispute resolution process shall	7305
comply with sections 121.38, 121.381, and 121.382 of the Revised	7306
Code. The local dispute resolution process shall be used to	7307
resolve disputes between a child's parents or custodians and the	7308
county council regarding service coordination. The county council	7309
shall inform the parents or custodians of their right to use the	7310
dispute resolution process. Parents or custodians shall use	7311
existing local agency grievance procedures to address disputes not	7312
involving service coordination. The dispute resolution process is	7313
in addition to and does not replace other rights or procedures	7314
that parents or custodians may have under other sections of the	7315
Revised Code.	7316

The cabinet council shall adopt rules in accordance with	7317
Chapter 119. of the Revised Code establishing an administrative	7318
review process to address problems that arise concerning the	7319
operation of a local dispute resolution process.	7320

Nothing in division (C)(4) of this section shall be	7321
interpreted as overriding or affecting decisions of a juvenile	7322
court regarding an out-of-home placement, long-term placement, or	7323
emergency out-of-home placement.	7324

(D) Each county shall develop a family service coordination	7325
plan that does all of the following:	7326

(1) Designates service responsibilities among the various	7327
state and local agencies that provide services to children and	7328
their families, including children who are abused, neglected,	7329
dependent, unruly, or delinquent children and under the	7330
jurisdiction of the juvenile court and children whose parents or	7331
custodians are voluntarily seeking services;	7332

(2) Designates an individual, approved by the family, to	7333
track the progress of the family service coordination plan,	7334
schedule reviews as necessary, and facilitate the family service	7335
coordination plan meeting process;	7336

(3) Ensures that assistance and services to be provided are	7337
responsive to the strengths and needs of the family, as well as	7338
the family's culture, race, and ethnic group, by allowing the	7339
family to offer information and suggestions and participate in	7340
decisions. Identified assistance and services shall be provided in	7341
the least restrictive environment possible.	7342

(4) Includes a process for dealing with a child who is	7343
alleged to be an unruly child. The process shall include methods	7344
to divert the child from the juvenile court system;	7345

(5) Includes timelines for completion of goals specified in	7346
the plan with regular reviews scheduled to monitor progress toward	7347
those goals;	7348

(6) Includes a plan for dealing with short-term crisis	7349
situations and safety concerns.	7350

(E)(1) The process provided for under division (D)(4) of this	7351
section may include, but is not limited to, the following:	7352

(a) Designation of the person or agency to conduct the	7353
assessment of the child and the child's family as described in	7354
division (C)(7) of this section and designation of the instrument	7355
or instruments to be used to conduct the assessment;	7356

(b) An emphasis on the personal responsibilities of the child	7357
and the parental responsibilities of the parents, guardian, or	7358
custodian of the child;	7359

(c) Involvement of local law enforcement agencies and	7360
officials.	7361

(2) The method to divert a child from the juvenile court	7362
system that must be included in the service coordination process	7363
may include, but is not limited to, the following:	7364

(a) The preparation of a complaint under section 2151.27 of	7365
the Revised Code alleging that the child is an unruly child and	7366
notifying the child and the parents, guardian, or custodian that	7367
the complaint has been prepared to encourage the child and the	7368
parents, guardian, or custodian to comply with other methods to	7369
divert the child from the juvenile court system;	7370

(b) Conducting a meeting with the child, the parents,	7371
guardian, or custodian, and other interested parties to determine	7372
the appropriate methods to divert the child from the juvenile	7373
court system;	7374

(c) A method to provide to the child and the child's family a	7375
short-term respite from a short-term crisis situation involving a	7376
confrontation between the child and the parents, guardian, or	7377
custodian;	7378

(d) A program to provide a mentor to the child or the	7379
parents, guardian, or custodian;	7380

(e) A program to provide parenting education to the parents,	7381
guardian, or custodian;	7382

(f) An alternative school program for children who are truant	7383
from school, repeatedly disruptive in school, or suspended or	7384
expelled from school;	7385

(g) Other appropriate measures, including, but not limited	7386
to, any alternative methods to divert a child from the juvenile	7387
court system that are identified by the Ohio family and children	7388
first cabinet council.	7389

(F) Each county may review and revise the service	7390
coordination process described in division (D) of this section	7391
based on the availability of funds under Title IV-A of the "Social	7392
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	7393
or to the extent resources are available from any other federal,	7394
state, or local funds.	7395

Sec. 121.40. (A) There is hereby created the Ohio ~~community~~	7396
commission on service ~~council~~and volunteerism consisting of	7397
twenty-one voting members including the superintendent of public	7398
instruction or the superintendent's designee, the chancellor of	7399
the Ohio board of regents or the chancellor's designee, the	7400
director of youth services or the director's designee, the	7401
director of aging or the director's designee, the chairperson of	7402
the committee of the house of representatives dealing with	7403
education or the chairperson's designee, the chairperson of the	7404
committee of the senate dealing with education or the	7405
chairperson's designee, and fifteen members who shall be appointed	7406
by the governor with the advice and consent of the senate and who	7407
shall serve terms of office of three years. The appointees shall	7408
include educators, including teachers and administrators;	7409
representatives of youth organizations; students and parents;	7410
representatives of organizations engaged in volunteer program	7411
development and management throughout the state, including youth	7412
and conservation programs; and representatives of business,	7413
government, nonprofit organizations, social service agencies,	7414
veterans organizations, religious organizations, or philanthropies	7415
that support or encourage volunteerism within the state. The	7416
director of the governor's office of faith-based and community	7417
initiatives shall serve as a nonvoting ex officio member of the	7418
~~council~~commission. Members of the ~~council~~commission shall	7419
receive no compensation, but shall be reimbursed for actual and	7420
necessary expenses incurred in the performance of their official	7421
duties.	7422

(B) The ~~council~~commission shall appoint an executive	7423
director for the ~~council~~commission, who shall be in the	7424
unclassified civil service. The governor shall be informed of the	7425
appointment of an executive director before such an appointment is	7426
made. The executive director shall supervise the ~~council's~~	7427
commission's activities and report to the ~~council~~commission on	7428
the progress of those activities. The executive director shall do	7429
all things necessary for the efficient and effective	7430
implementation of the duties of the ~~council~~commission.	7431

The responsibilities assigned to the executive director do	7432
not relieve the members of the ~~council~~commission from final	7433
responsibility for the proper performance of the requirements of	7434
this section.	7435

(C) The ~~council~~commission or its designee shall do all of	7436
the following:	7437

(1) Employ, promote, supervise, and remove all employees as	7438
needed in connection with the performance of its duties under this	7439
section and may assign duties to those employees as necessary to	7440
achieve the most efficient performance of its functions, and to	7441
that end may establish, change, or abolish positions, and assign	7442
and reassign duties and responsibilities of any employee of the	7443
~~council~~commission. Personnel employed by the ~~council~~commission	7444
who are subject to Chapter 4117. of the Revised Code shall retain	7445
all of their rights and benefits conferred pursuant to that	7446
chapter. Nothing in this chapter shall be construed as eliminating	7447
or interfering with Chapter 4117. of the Revised Code or the	7448
rights and benefits conferred under that chapter to public	7449
employees or to any bargaining unit.	7450

(2) Maintain its office in Columbus, and may hold sessions at	7451
any place within the state;	7452

(3) Acquire facilities, equipment, and supplies necessary to	7453
house the ~~council~~commission, its employees, and files and records	7454
under its control, and to discharge any duty imposed upon it by	7455
law. The expense of these acquisitions shall be audited and paid	7456
for in the same manner as other state expenses. For that purpose,	7457
the ~~council~~commission shall prepare and submit to the office of	7458
budget and management a budget for each biennium according to	7459
sections 101.532 and 107.03 of the Revised Code. The budget	7460
submitted shall cover the costs of the ~~council~~commission and its	7461
staff in the discharge of any duty imposed upon the ~~council~~	7462
commission by law. The ~~council~~commission shall not delegate any	7463
authority to obligate funds.	7464

(4) Pay its own payroll and other operating expenses from	7465
line items designated by the general assembly;	7466

(5) Retain its fiduciary responsibility as appointing	7467
authority. Any transaction instructions shall be certified by the	7468
appointing authority or its designee.	7469

(6) Establish the overall policy and management of the	7470
~~council~~commission in accordance with this chapter;	7471

(7) Assist in coordinating and preparing the state	7472
application for funds under sections 101 to 184 of the "National	7473
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	7474
U.S.C.A. 12411 to 12544, as amended, assist in administering and	7475
overseeing the "National and Community Service Trust Act of 1993,"	7476
P.L. 103-82, 107 Stat. 785, and the americorps program in this	7477
state, and assist in developing objectives for a comprehensive	7478
strategy to encourage and expand community service programs	7479
throughout the state;	7480

(8) Assist the state board of education, school districts,	7481
the chancellor of the board of regents, and institutions of higher	7482
education in coordinating community service education programs	7483
through cooperative efforts between institutions and organizations	7484
in the public and private sectors;	7485

(9) Assist the departments of natural resources, youth	7486
services, aging, and job and family services in coordinating	7487
community service programs through cooperative efforts between	7488
institutions and organizations in the public and private sectors;	7489

(10) Suggest individuals and organizations that are available	7490
to assist school districts, institutions of higher education, and	7491
the departments of natural resources, youth services, aging, and	7492
job and family services in the establishment of community service	7493
programs and assist in investigating sources of funding for	7494
implementing these programs;	7495

(11) Assist in evaluating the state's efforts in providing	7496
community service programs using standards and methods that are	7497
consistent with any statewide objectives for these programs and	7498
provide information to the state board of education, school	7499
districts, the chancellor of the board of regents, institutions of	7500
higher education, and the departments of natural resources, youth	7501
services, aging, and job and family services to guide them in	7502
making decisions about these programs;	7503

(12) Assist the state board of education in complying with	7504
section 3301.70 of the Revised Code and the chancellor of the	7505
board of regents in complying with division (B)(2) of section	7506
3333.043 of the Revised Code;	7507

(13) Advise, assist, consult with, and cooperate with, by	7508
contract or otherwise, agencies and political subdivisions of this	7509
state in establishing a statewide system for volunteers pursuant	7510
to section 121.404 of the Revised Code.	7511

(D) The ~~council~~commission shall in writing enter into an	7512
agreement with another state agency to serve as the ~~council's~~	7513
commission's fiscal agent. Before entering into such an agreement,	7514
the ~~council~~commission shall inform the governor of the terms of	7515
the agreement and of the state agency designated to serve as the	7516
~~council's~~commission's fiscal agent. The fiscal agent shall be	7517
responsible for all the ~~council's~~commission's fiscal matters and	7518
financial transactions, as specified in the agreement. Services to	7519
be provided by the fiscal agent include, but are not limited to,	7520
the following:	7521

(1) Preparing and processing payroll and other personnel	7522
documents that the ~~council~~commission executes as the appointing	7523
authority;	7524

(2) Maintaining ledgers of accounts and reports of account	7525
balances, and monitoring budgets and allotment plans in	7526
consultation with the ~~council~~commission; and	7527

(3) Performing other routine support services that the fiscal	7528
agent considers appropriate to achieve efficiency.	7529

(E)(1) The ~~council~~commission, in conjunction and	7530
consultation with the fiscal agent, has the following authority	7531
and responsibility relative to fiscal matters:	7532

(a) Sole authority to draw funds for any and all federal	7533
programs in which the ~~council~~commission is authorized to	7534
participate;	7535

(b) Sole authority to expend funds from their accounts for	7536
programs and any other necessary expenses the ~~council~~commission	7537
may incur and its subgrantees may incur; and	7538

(c) Responsibility to cooperate with and inform the fiscal	7539
agent fully of all financial transactions.	7540

(2) The ~~council~~commission shall follow all state	7541
procurement, fiscal, human resources, statutory, and	7542
administrative rule requirements.	7543

(3) The fiscal agent shall determine fees to be charged to	7544
the ~~council~~commission, which shall be in proportion to the	7545
services performed for the ~~council~~commission.	7546

(4) The ~~council~~commission shall pay fees owed to the fiscal	7547
agent from a general revenue fund of the ~~council~~commission or	7548
from any other fund from which the operating expenses of the	7549
~~council~~commission are paid. Any amounts set aside for a fiscal	7550
year for the payment of these fees shall be used only for the	7551
services performed for the ~~council~~commission by the fiscal agent	7552
in that fiscal year.	7553

(F) The ~~council~~commission may accept and administer grants	7554
from any source, public or private, to carry out any of the	7555
~~council's~~commission's functions this section establishes.	7556

Sec. 121.401. (A) As used in this section and section	7557
121.402 of the Revised Code, "organization or entity" and	7558
"unsupervised access to a child" have the same meanings as in	7559
section 109.574 of the Revised Code.	7560

(B) The Ohio ~~community~~commission on service ~~council~~and	7561
volunteerism shall adopt a set of "recommended best practices" for	7562
organizations or entities to follow when one or more volunteers of	7563
the organization or entity have unsupervised access to one or more	7564
children or otherwise interact with one or more children. The	7565
"recommended best practices" shall focus on, but shall not be	7566
limited to, the issue of the safety of the children and, in	7567
addition, the screening and supervision of volunteers. The	7568
"recommended best practices" shall include as a recommended best	7569
practice that the organization or entity subject to a criminal	7570
records check performed by the bureau of criminal identification	7571
and investigation pursuant to section 109.57, section 109.572, or	7572
rules adopted under division (E) of section 109.57 of the Revised	7573
Code, all of the following:	7574

(1) All persons who apply to serve as a volunteer in a	7575
position in which the person will have unsupervised access to a	7576
child on a regular basis.	7577

(2) All volunteers who are in a position in which the person	7578
will have unsupervised access to a child on a regular basis and	7579
who the organization or entity has not previously subjected to a	7580
criminal records check performed by the bureau of criminal	7581
identification and investigation.	7582

(C) The set of "recommended best practices" required to be	7583
adopted by this section are in addition to the educational program	7584
required to be adopted under section 121.402 of the Revised Code.	7585

Sec. 121.402. (A) The Ohio ~~community~~commission on service	7586
~~council~~and volunteerism shall establish and maintain an	7587
educational program that does all of the following:	7588

(1) Makes available to parents and guardians of children	7589
notice about the provisions of sections 109.574 to 109.577,	7590
section 121.401, and section 121.402 of the Revised Code and	7591
information about how to keep children safe when they are under	7592
the care, custody, or control of a person other than the parent or	7593
guardian;	7594

(2) Makes available to organizations and entities information	7595
regarding the best methods of screening and supervising	7596
volunteers, how to obtain a criminal records check of a volunteer,	7597
confidentiality issues relating to reports of criminal records	7598
checks, and record keeping regarding the reports;	7599

(3) Makes available to volunteers information regarding the	7600
possibility of being subjected to a criminal records check and	7601
displaying appropriate behavior to minors;	7602

(4) Makes available to children advice on personal safety and	7603
information on what action to take if someone takes inappropriate	7604
action towards a child.	7605

(B) The program shall begin making the materials described in	7606
this section available not later than March 22, 2002.	7607

Sec. 121.403. (A) The Ohio ~~community~~commission on service	7608
~~council~~and volunteerism may do any of the following:	7609

(1) Accept monetary gifts or donations;

7610

(2) Sponsor conferences, meetings, or events in furtherance	7611
of the ~~council's~~commission's purpose described in section 121.40	7612
of the Revised Code and charge fees for participation or	7613
involvement in the conferences, meetings, or events;	7614

(3) Sell promotional items in furtherance of the ~~council's~~	7615
commission's purpose described in section 121.40 of the Revised	7616
Code.	7617

(B) All monetary gifts and donations, funds from the sale of	7618
promotional items, contributions received from the issuance of	7619
Ohio "volunteer" license plates pursuant to section 4503.93 of the	7620
Revised Code, and any fees paid to the ~~council~~commission for	7621
conferences, meetings, or events sponsored by the ~~council~~	7622
commission shall be deposited into the Ohio ~~community~~commission	7623
on service ~~council~~and volunteerism gifts and donations fund,	7624
which is hereby created in the state treasury. Moneys in the fund	7625
may be used only as follows:	7626

(1) To pay operating expenses of the ~~council~~commission,	7627
including payroll, personal services, maintenance, equipment, and	7628
subsidy payments;	7629

(2) To support ~~council~~commission programs promoting	7630
volunteerism and community service in the state;	7631

(3) As matching funds for federal grants.

7632

Sec. 121.404. (A) The Ohio ~~community~~commission on service	7633
~~council~~and volunteerism shall advise, assist, consult with, and	7634
cooperate with agencies and political subdivisions of this state	7635
to establish a statewide system for recruiting, registering,	7636
training, and deploying the types of volunteers the ~~council~~	7637
commission considers advisable and reasonably necessary to respond	7638
to an emergency declared by the state or political subdivision.	7639

(B) A registered volunteer is not liable in damages to any	7640
person or government entity in tort or other civil action,	7641
including an action upon a medical, dental, chiropractic,	7642
optometric, or other health-related claim or veterinary claim, for	7643
injury, death, or loss to person or property that may arise from	7644
an act or omission of that volunteer. This division applies to a	7645
registered volunteer while providing services within the scope of	7646
the volunteer's responsibilities during an emergency declared by	7647
the state or political subdivision or in disaster-related	7648
exercises, testing, or other training activities, if the	7649
volunteer's act or omission does not constitute willful or wanton	7650
misconduct.	7651

(C) The Ohio ~~community~~commission on service ~~council~~and	7652
volunteerism shall adopt rules pursuant to Chapter 119. of the	7653
Revised Code to establish fees, procedures, standards, and	7654
requirements the ~~council~~commission considers necessary to carry	7655
out the purposes of this section.	7656

(D)(1) A registered volunteer's status as a volunteer, and	7657
any information presented in summary, statistical, or aggregate	7658
form that does not identify an individual, is a public record	7659
pursuant to section 149.43 of the Revised Code.	7660

(2) Information related to a registered volunteer's specific	7661
and unique responsibilities, assignments, or deployment plans,	7662
including but not limited to training, preparedness, readiness, or	7663
organizational assignment, is a security record for purposes of	7664
section 149.433 of the Revised Code.	7665

(3) Information related to a registered volunteer's personal	7666
information, including but not limited to contact information,	7667
medical information, or information related to family members or	7668
dependents, is not a public record pursuant to section 149.43 of	7669
the Revised Code.	7670

(E) As used in this section and section 121.40 of the Revised	7671
Code:	7672

(1) "Registered volunteer" means any individual registered as	7673
a volunteer pursuant to procedures established under this section	7674
and who serves without pay or other consideration, other than the	7675
reasonable reimbursement or allowance for expenses actually	7676
incurred or the provision of incidental benefits related to the	7677
volunteer's service, such as meals, lodging, and childcare.	7678

(2) "Political subdivision" means a county, township, or	7679
municipal corporation in this state.	7680

Sec. 122.121. (A) If an endorsing municipality or endorsing	7681
county enters into a joinder undertaking with a site selection	7682
organization, the endorsing municipality or endorsing county may	7683
apply to the director of development, on a form and in the manner	7684
prescribed by the director, for a grant based on the projected	7685
incremental increase in the receipts from the tax imposed under	7686
section 5739.02 of the Revised Code within the market area	7687
designated under division (C) of this section, for the two-week	7688
period that ends at the end of the day after the date on which a	7689
game will be held, that is directly attributable, as determined by	7690
the director, to the preparation for and presentation of the game.	7691
The director shall determine the projected incremental increase in	7692
the tax imposed under section 5739.02 of the Revised Code from	7693
information certified to the director by the endorsing	7694
municipality or the endorsing county including, but not limited	7695
to, historical attendance and ticket sales for the game, income	7696
statements showing revenue and expenditures for the game in prior	7697
years, attendance capacity at the proposed venues, event budget at	7698
the proposed venues, and projected lodging room nights based on	7699
historical attendance, attendance capacity at the proposed venues,	7700
and duration of the game and related activities. The endorsing	7701
municipality or endorsing county is eligible to receive a grant	7702
under this section only if the projected incremental increase in	7703
receipts from the tax imposed under section 5739.02 of the Revised	7704
Code, as determined by the director, exceeds two hundred fifty	7705
thousand dollars. The amount of the grant shall be determined by	7706
the director but shall not exceed five hundred thousand dollars.	7707
The director shall not issue grants with a total value of more	7708
than one million dollars in any fiscal year, and shall not issue	7709
any grant before July 1, ~~2011~~2013.	7710

(B) If the director of development approves an application	7711
for an endorsing municipality or endorsing county and that	7712
endorsing municipality or endorsing county enters into a joinder	7713
agreement with a site selection organization, the endorsing	7714
municipality or endorsing county shall file a copy of the joinder	7715
agreement with the director of development, who immediately shall	7716
notify the director of budget and management of the filing. Within	7717
thirty days after receiving the notice, the director of budget and	7718
management shall establish a schedule to disburse from the general	7719
revenue fund to such endorsing municipality or endorsing county	7720
payments that total the amount certified by the director of	7721
development under division (A) of this section, but in no event	7722
shall the total amount disbursed exceed five hundred thousand	7723
dollars, and no disbursement shall be made before July 1, ~~2011~~	7724
2013. The payments shall be used exclusively by the endorsing	7725
municipality or endorsing county to fulfill a portion of its	7726
obligations to a site selection organization under game support	7727
contracts, which obligations may include the payment of costs	7728
relating to the preparations necessary for the conduct of the	7729
game, including acquiring, renovating, or constructing facilities;	7730
to pay the costs of conducting the game; and to assist the local	7731
organizing committee, endorsing municipality, or endorsing county	7732
in providing assurances required by a site selection organization	7733
sponsoring one or more games.	7734

(C) For the purposes of division (A) of this section, the	7735
director of development, in consultation with the tax	7736
commissioner, shall designate as a market area for a game each	7737
area in which they determine there is a reasonable likelihood of	7738
measurable economic impact directly attributable to the	7739
preparation for and presentation of the game and related events,	7740
including areas likely to provide venues, accommodations, and	7741
services in connection with the game based on the information and	7742
the copy of the joinder undertaking provided to the director under	7743
divisions (A) and (B) of this section. The director and	7744
commissioner shall determine the geographic boundaries of each	7745
market area. An endorsing municipality or endorsing county that	7746
has been selected as the site for a game must be included in a	7747
market area for the game.	7748

(D) A local organizing committee, endorsing municipality, or	7749
endorsing county shall provide information required by the	7750
director of development and tax commissioner to enable the	7751
director and commissioner to fulfill their duties under this	7752
section, including annual audited statements of any financial	7753
records required by a site selection organization and data	7754
obtained by the local organizing committee, endorsing	7755
municipality, or endorsing county relating to attendance at a game	7756
and to the economic impact of the game. A local organizing	7757
committee, an endorsing municipality, or an endorsing county shall	7758
provide an annual audited financial statement if so required by	7759
the director and commissioner, not later than the end of the	7760
fourth month after the date the period covered by the financial	7761
statement ends.	7762

(E) Within sixty days after the game, the endorsing	7763
municipality or the endorsing county shall report to the director	7764
of development about the economic impact of the game. The report	7765
shall be in the form and substance required by the director,	7766
including, but not limited to, a final income statement for the	7767
event showing total revenue and expenditures and revenue and	7768
expenditures in the market area for the game, and ticket sales for	7769
the game and any related activities for which admission was	7770
charged. The director of development shall determine, based on the	7771
reported information and the exercise of reasonable judgment, the	7772
incremental increase in receipts from the tax imposed under	7773
section 5739.02 of the Revised Code directly attributable to the	7774
game. If the actual incremental increase in such receipts is less	7775
than the projected incremental increase in receipts, the director	7776
may require the endorsing municipality or the endorsing county to	7777
refund to the state all or a portion of the grant.	7778

(F) No disbursement may be made under this section if the	7779
director of development determines that it would be used for the	7780
purpose of soliciting the relocation of a professional sports	7781
franchise located in this state.	7782

(G) This section may not be construed as creating or	7783
requiring a state guarantee of obligations imposed on an endorsing	7784
municipality or endorsing county under a game support contract or	7785
any other agreement relating to hosting one or more games in this	7786
state.	7787

Sec. 122.171. (A) As used in this section:

7788

(1) "Capital investment project" means a plan of investment	7789
at a project site for the acquisition, construction, renovation,	7790
or repair of buildings, machinery, or equipment, or for	7791
capitalized costs of basic research and new product development	7792
determined in accordance with generally accepted accounting	7793
principles, but does not include any of the following:	7794

(a) Payments made for the acquisition of personal property	7795
through operating leases;	7796

(b) Project costs paid before January 1, 2002;

7797

(c) Payments made to a related member as defined in section	7798
5733.042 of the Revised Code or to a consolidated elected taxpayer	7799
or a combined taxpayer as defined in section 5751.01 of the	7800
Revised Code.	7801

(2) "Eligible business" means a taxpayer and its related	7802
members with Ohio operations satisfying all of the following:	7803

(a) The taxpayer employs at least five hundred full-time	7804
equivalent employees or has an annual payroll of at least	7805
thirty-five million dollars at the time the tax credit authority	7806
grants the tax credit under this section;	7807

(b) The taxpayer makes or causes to be made payments for the	7808
capital investment project of ~~either~~one of the following:	7809

(i) If the taxpayer is engaged at the project site primarily	7810
as a manufacturer, at least fifty million dollars in the aggregate	7811
at the project site during a period of three consecutive calendar	7812
years, including the calendar year that includes a day of the	7813
taxpayer's taxable year or tax period with respect to which the	7814
credit is granted;	7815

(ii) If the taxpayer is engaged at the project site primarily	7816
in significant corporate administrative functions, as defined by	7817
the director of development by rule, at least twenty million	7818
dollars in the aggregate at the project site during a period of	7819
three consecutive calendar years including the calendar year that	7820
includes a day of the taxpayer's taxable year or tax period with	7821
respect to which the credit is granted;	7822

(iii) If the taxpayer is applying to enter into an agreement	7823
for a tax credit authorized under division (B)(3) of this section,	7824
at least five million dollars in the aggregate at the project site	7825
during a period of three consecutive calendar years, including the	7826
calendar year that includes a day of the taxpayer's taxable year	7827
or tax period with respect to which the credit is granted.	7828

(c) The taxpayer had a capital investment project reviewed	7829
and approved by the tax credit authority as provided in divisions	7830
(C), (D), and (E) of this section.	7831

(3) "Full-time equivalent employees" means the quotient	7832
obtained by dividing the total number of hours for which employees	7833
were compensated for employment in the project by two thousand	7834
eighty. "Full-time equivalent employees" shall exclude hours that	7835
are counted for a credit under section 122.17 of the Revised Code.	7836

(4) "Income tax revenue" means the total amount withheld	7837
under section 5747.06 of the Revised Code by the taxpayer during	7838
the taxable year, or during the calendar year that includes the	7839
tax period, from the compensation of all employees employed in the	7840
project whose hours of compensation are included in calculating	7841
the number of full-time equivalent employees.	7842

(5) "Manufacturer" has the same meaning as in section	7843
5739.011 of the Revised Code.	7844

(6) "Project site" means an integrated complex of facilities	7845
in this state, as specified by the tax credit authority under this	7846
section, within a fifteen-mile radius where a taxpayer is	7847
primarily operating as an eligible business.	7848

(7) "Related member" has the same meaning as in section	7849
5733.042 of the Revised Code as that section existed on the	7850
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	7851
general assembly, September 29, 1997.	7852

(8) "Taxable year" includes, in the case of a domestic or	7853
foreign insurance company, the calendar year ending on the	7854
thirty-first day of December preceding the day the superintendent	7855
of insurance is required to certify to the treasurer of state	7856
under section 5725.20 or 5729.05 of the Revised Code the amount of	7857
taxes due from insurance companies.	7858

(B) The tax credit authority created under section 122.17 of	7859
the Revised Code may grant tax credits under this section for the	7860
purpose of fostering job retention in this state. Upon application	7861
by an eligible business and upon consideration of the	7862
recommendation of the director of budget and management, tax	7863
commissioner, the superintendent of insurance in the case of an	7864
insurance company, and director of development under division (C)	7865
of this section, the tax credit authority may grant the following	7866
credits against the tax imposed by section 5725.18, 5729.03,	7867
5733.06, 5747.02, or 5751.02 of the Revised Code:	7868

(1) A nonrefundable credit to an eligible business;

7869

(2) A refundable credit to an eligible business meeting the	7870
following conditions, provided that the director of budget and	7871
management, tax commissioner, superintendent of insurance in the	7872
case of an insurance company, and director of development have	7873
recommended the granting of the credit to the tax credit authority	7874
before July 1, 2011:	7875

(a) The business retains at least one thousand full-time	7876
equivalent employees at the project site.	7877

(b) The business makes or causes to be made payments for a	7878
capital investment project of at least twenty-five million dollars	7879
in the aggregate at the project site during a period of three	7880
consecutive calendar years, including the calendar year that	7881
includes a day of the business' taxable year or tax period with	7882
respect to which the credit is granted.	7883

(c) In 2010, the business received a written offer of	7884
financial incentives from another state of the United States that	7885
the director determines to be sufficient inducement for the	7886
business to relocate the business' operations from this state to	7887
that state.	7888

(3) A refundable credit to an eligible business with a total	7889
annual payroll of at least twenty million dollars, provided that	7890
the tax credit authority grants the tax credit on or after July 1,	7891
2011, and before January 1, 2014.	7892

The credits authorized in divisions (B)(1) ~~and~~, (2), and (3)	7893
of this section may be granted for a period up to fifteen taxable	7894
years or, in the case of the tax levied by section 5751.02 of the	7895
Revised Code, for a period of up to fifteen calendar years. The	7896
credit amount for a taxable year or a calendar year that includes	7897
the tax period for which a credit may be claimed equals the income	7898
tax revenue for that year multiplied by the percentage specified	7899
in the agreement with the tax credit authority. The percentage may	7900
not exceed seventy-five per cent. The credit shall be claimed in	7901
the order required under section 5725.98, 5729.98, 5733.98,	7902
5747.98, or 5751.98 of the Revised Code. In determining the	7903
percentage and term of the credit, the tax credit authority shall	7904
consider both the number of full-time equivalent employees and the	7905
value of the capital investment project. The credit amount may not	7906
be based on the income tax revenue for a calendar year before the	7907
calendar year in which the tax credit authority specifies the tax	7908
credit is to begin, and the credit shall be claimed only for the	7909
taxable years or tax periods specified in the eligible business'	7910
agreement with the tax credit authority. In no event shall the	7911
credit be claimed for a taxable year or tax period terminating	7912
before the date specified in the agreement. Any credit granted	7913
under this section against the tax imposed by section 5733.06 or	7914
5747.02 of the Revised Code, to the extent not fully utilized	7915
against such tax for taxable years ending prior to 2008, shall	7916
automatically be converted without any action taken by the tax	7917
credit authority to a credit against the tax levied under Chapter	7918
5751. of the Revised Code for tax periods beginning on or after	7919
July 1, 2008, provided that the person to whom the credit was	7920
granted is subject to such tax. The converted credit shall apply	7921
to those calendar years in which the remaining taxable years	7922
specified in the agreement end.	7923

If a nonrefundable credit allowed under division (B)(1) of	7924
this section for a taxable year or tax period exceeds the	7925
taxpayer's tax liability for that year or period, the excess may	7926
be carried forward for the three succeeding taxable or calendar	7927
years, but the amount of any excess credit allowed in any taxable	7928
year or tax period shall be deducted from the balance carried	7929
forward to the succeeding year or period.	7930

(C) A taxpayer that proposes a capital investment project to	7931
retain jobs in this state may apply to the tax credit authority to	7932
enter into an agreement for a tax credit under this section. The	7933
director of development shall prescribe the form of the	7934
application. After receipt of an application, the authority shall	7935
forward copies of the application to the director of budget and	7936
management, the tax commissioner, the superintendent of insurance	7937
in the case of an insurance company, and the director of	7938
development, each of whom shall review the application to	7939
determine the economic impact the proposed project would have on	7940
the state and the affected political subdivisions and shall submit	7941
a summary of their determinations and recommendations to the	7942
authority.	7943

(D) Upon review and consideration of the determinations and	7944
recommendations described in division (C) of this section, the tax	7945
credit authority may enter into an agreement with the taxpayer for	7946
a credit under this section if the authority determines all of the	7947
following:	7948

(1) The taxpayer's capital investment project will result in	7949
the retention of employment in this state.	7950

(2) The taxpayer is economically sound and has the ability to	7951
complete the proposed capital investment project.	7952

(3) The taxpayer intends to and has the ability to maintain	7953
operations at the project site for at least the greater of (a) the	7954
term of the credit plus three years, or (b) seven years.	7955

(4) Receiving the credit is a major factor in the taxpayer's	7956
decision to begin, continue with, or complete the project.	7957

(5) If the taxpayer is applying to enter into an agreement	7958
for a tax credit authorized under division (B)(3) of this section,	7959
the taxpayer's capital investment project will be located in the	7960
political subdivision in which the taxpayer maintains its	7961
principal place of business.	7962

(E) An agreement under this section shall include all of the	7963
following:	7964

(1) A detailed description of the project that is the subject	7965
of the agreement, including the amount of the investment, the	7966
period over which the investment has been or is being made, the	7967
number of full-time equivalent employees at the project site, and	7968
the anticipated income tax revenue to be generated.	7969

(2) The term of the credit, the percentage of the tax credit,	7970
the maximum annual value of tax credits that may be allowed each	7971
year, and the first year for which the credit may be claimed.	7972

(3) A requirement that the taxpayer maintain operations at	7973
the project site for at least the greater of (a) the term of the	7974
credit plus three years, or (b) seven years.	7975

(4) ~~A requirement that the taxpayer retain a specified number~~	7976
~~of full-time equivalent employees at the project site and within~~	7977
~~this state for the term of the credit, including a requirement~~	7978
~~that the taxpayer continue to employ at least five hundred~~	7979
~~full-time equivalent employees during the entire term of the~~	7980
~~agreement in the case of a credit granted under division (B)(1) of~~	7981
~~this section, and one thousand full-time equivalent employees in~~	7982
~~the case of a credit granted under division (B)(2) of this section~~	7983
(a) In the case of a credit granted under division (B)(1) of this	7984
section, a requirement that the taxpayer retain at least five	7985
hundred full-time equivalent employees at the project site and	7986
within this state for the entire term of the credit, or a	7987
requirement that the taxpayer maintain an annual payroll of at	7988
least thirty-five million dollars for the entire term of the	7989
credit;	7990

(b) In the case of a credit granted under division (B)(2) of	7991
this section, a requirement that the taxpayer retain at least one	7992
thousand full-time equivalent employees at the project site and	7993
within this state for the entire term of the credit;	7994

(c) In the case of a credit granted under division (B)(3) of	7995
this section, either of the following:	7996

(i) A requirement that the taxpayer retain at least five	7997
hundred full-time equivalent employees at the project site and	7998
within this state for the entire term of the credit and a	7999
requirement that the taxpayer maintain an annual payroll of at	8000
least twenty million dollars for the entire term of the credit;	8001

(ii) A requirement that the taxpayer maintain an annual	8002
payroll of at least thirty-five million dollars for the entire	8003
term of the credit.	8004

(5) A requirement that the taxpayer annually report to the	8005
director of development employment, tax withholding, capital	8006
investment, and other information the director needs to perform	8007
the director's duties under this section.	8008

(6) A requirement that the director of development annually	8009
review the annual reports of the taxpayer to verify the	8010
information reported under division (E)(5) of this section and	8011
compliance with the agreement. Upon verification, the director	8012
shall issue a certificate to the taxpayer stating that the	8013
information has been verified and identifying the amount of the	8014
credit for the taxable year or calendar year that includes the tax	8015
period. In determining the number of full-time equivalent	8016
employees, no position shall be counted that is filled by an	8017
employee who is included in the calculation of a tax credit under	8018
section 122.17 of the Revised Code.	8019

(7) A provision providing that the taxpayer may not relocate	8020
a substantial number of employment positions from elsewhere in	8021
this state to the project site unless the director of development	8022
determines that the taxpayer notified the legislative authority of	8023
the county, township, or municipal corporation from which the	8024
employment positions would be relocated.	8025

For purposes of this section, the movement of an employment	8026
position from one political subdivision to another political	8027
subdivision shall be considered a relocation of an employment	8028
position unless the movement is confined to the project site. The	8029
transfer of an employment position from one political subdivision	8030
to another political subdivision shall not be considered a	8031
relocation of an employment position if the employment position in	8032
the first political subdivision is replaced by another employment	8033
position.	8034

(8) A waiver by the taxpayer of any limitations periods	8035
relating to assessments or adjustments resulting from the	8036
taxpayer's failure to comply with the agreement.	8037

(F) If a taxpayer fails to meet or comply with any condition	8038
or requirement set forth in a tax credit agreement, the tax credit	8039
authority may amend the agreement to reduce the percentage or term	8040
of the credit. The reduction of the percentage or term may take	8041
effect in the current taxable or calendar year.	8042

(G) Financial statements and other information submitted to	8043
the department of development or the tax credit authority by an	8044
applicant for or recipient of a tax credit under this section, and	8045
any information taken for any purpose from such statements or	8046
information, are not public records subject to section 149.43 of	8047
the Revised Code. However, the chairperson of the authority may	8048
make use of the statements and other information for purposes of	8049
issuing public reports or in connection with court proceedings	8050
concerning tax credit agreements under this section. Upon the	8051
request of the tax commissioner, or the superintendent of	8052
insurance in the case of an insurance company, the chairperson of	8053
the authority shall provide to the commissioner or superintendent	8054
any statement or other information submitted by an applicant for	8055
or recipient of a tax credit in connection with the credit. The	8056
commissioner or superintendent shall preserve the confidentiality	8057
of the statement or other information.	8058

(H) A taxpayer claiming a tax credit under this section shall	8059
submit to the tax commissioner or, in the case of an insurance	8060
company, to the superintendent of insurance, a copy of the	8061
director of development's certificate of verification under	8062
division (E)(6) of this section with the taxpayer's tax report or	8063
return for the taxable year or for the calendar year that includes	8064
the tax period. Failure to submit a copy of the certificate with	8065
the report or return does not invalidate a claim for a credit if	8066
the taxpayer submits a copy of the certificate to the commissioner	8067
or superintendent within sixty days after the commissioner or	8068
superintendent requests it.	8069

(I) For the purposes of this section, a taxpayer may include	8070
a partnership, a corporation that has made an election under	8071
subchapter S of chapter one of subtitle A of the Internal Revenue	8072
Code, or any other business entity through which income flows as a	8073
distributive share to its owners. A partnership, S-corporation, or	8074
other such business entity may elect to pass the credit received	8075
under this section through to the persons to whom the income or	8076
profit of the partnership, S-corporation, or other entity is	8077
distributed. The election shall be made on the annual report	8078
required under division (E)(5) of this section. The election	8079
applies to and is irrevocable for the credit for which the report	8080
is submitted. If the election is made, the credit shall be	8081
apportioned among those persons in the same proportions as those	8082
in which the income or profit is distributed.	8083

(J) If the director of development determines that a taxpayer	8084
that received a tax credit under this section is not complying	8085
with the requirement under division (E)(3) of this section, the	8086
director shall notify the tax credit authority of the	8087
noncompliance. After receiving such a notice, and after giving the	8088
taxpayer an opportunity to explain the noncompliance, the	8089
authority may terminate the agreement and require the taxpayer to	8090
refund to the state all or a portion of the credit claimed in	8091
previous years, as follows:	8092

(1) If the taxpayer maintained operations at the project site	8093
for less than or equal to the term of the credit, an amount not to	8094
exceed one hundred per cent of the sum of any tax credits allowed	8095
and received under this section.	8096

(2) If the taxpayer maintained operations at the project site	8097
longer than the term of the credit, but less than the greater of	8098
(a) the term of the credit plus three years, or (b) seven years,	8099
the amount required to be refunded shall not exceed seventy-five	8100
per cent of the sum of any tax credits allowed and received under	8101
this section.	8102

In determining the portion of the credit to be refunded to	8103
this state, the authority shall consider the effect of market	8104
conditions on the taxpayer's project and whether the taxpayer	8105
continues to maintain other operations in this state. After making	8106
the determination, the authority shall certify the amount to be	8107
refunded to the tax commissioner or the superintendent of	8108
insurance. If the taxpayer is not an insurance company, the	8109
commissioner shall make an assessment for that amount against the	8110
taxpayer under Chapter 5733., 5747., or 5751. of the Revised Code.	8111
If the taxpayer is an insurance company, the superintendent of	8112
insurance shall make an assessment under section 5725.222 or	8113
5729.102 of the Revised Code. The time limitations on assessments	8114
under those chapters and sections do not apply to an assessment	8115
under this division, but the commissioner or superintendent shall	8116
make the assessment within one year after the date the authority	8117
certifies to the commissioner or superintendent the amount to be	8118
refunded.	8119

(K) The director of development, after consultation with the	8120
tax commissioner and the superintendent of insurance and in	8121
accordance with Chapter 119. of the Revised Code, shall adopt	8122
rules necessary to implement this section. The rules may provide	8123
for recipients of tax credits under this section to be charged	8124
fees to cover administrative costs of the tax credit program. The	8125
fees collected shall be credited to the tax incentive programs	8126
operating fund created in section 122.174 of the Revised Code. At	8127
the time the director gives public notice under division (A) of	8128
section 119.03 of the Revised Code of the adoption of the rules,	8129
the director shall submit copies of the proposed rules to the	8130
chairpersons of the standing committees on economic development in	8131
the senate and the house of representatives.	8132

(L) On or before the first day of August of each year, the	8133
director of development shall submit a report to the governor, the	8134
president of the senate, and the speaker of the house of	8135
representatives on the tax credit program under this section. The	8136
report shall include information on the number of agreements that	8137
were entered into under this section during the preceding calendar	8138
year, a description of the project that is the subject of each	8139
such agreement, and an update on the status of projects under	8140
agreements entered into before the preceding calendar year.	8141

(M)(1) The aggregate amount of tax credits issued under	8142
division (B)(1) of this section during any calendar year for	8143
capital investment projects reviewed and approved by the tax	8144
credit authority may not exceed the following amounts:	8145

(a) For 2010, thirteen million dollars;

8146

(b) For 2011 through 2023, the amount of the limit for the	8147
preceding calendar year plus thirteen million dollars;	8148

(c) For 2024 and each year thereafter, one hundred	8149
ninety-five million dollars.	8150

(2) The aggregate amount of tax credits ~~issued~~authorized	8151
under ~~division~~divisions (B)(2) and (3) of this section ~~during~~and	8152
allowed to be claimed by taxpayers in any calendar year for	8153
capital improvement projects reviewed and approved by the tax	8154
credit authority ~~may not exceed~~ ~~eight~~ million dollarsin 2011,	8155
2012, and 2013 combined shall not exceed twenty-five million	8156
dollars. An amount equal to the aggregate amount of credits first	8157
authorized in calendar year 2011, 2012, and 2013 may be claimed	8158
over the ensuing period up to fifteen years, subject to the terms	8159
of individual tax credit agreements.	8160

The limitations in division (M) of this section do not apply	8161
to credits for capital investment projects approved by the tax	8162
credit authority before July 1, 2009.	8163

Sec. 122.175. (A) As used in this section:

8164

(1) "Capital investment project" means a plan of investment	8165
at a project site for the acquisition, construction, renovation,	8166
expansion, replacement, or repair of a computer data center or of	8167
computer data center equipment, but does not include any of the	8168
following:	8169

(a) Project costs paid before a date determined by the tax	8170
credit authority for each capital investment project;	8171

(b) Payments made to a related member as defined in section	8172
5733.042 of the Revised Code or to a consolidated elected taxpayer	8173
or a combined taxpayer as defined in section 5751.01 of the	8174
Revised Code.	8175

(2) "Computer data center" means a facility used or to be	8176
used primarily to house computer data center equipment used or to	8177
be used in conducting a computer data center business, as	8178
determined by the tax credit authority.	8179

(3) "Computer data center business" means, as may be further	8180
determined by the tax credit authority, a business that provides	8181
electronic information services as defined in division (Y)(1)(c)	8182
of section 5739.01 of the Revised Code. "Computer data center	8183
business" does not include providing electronic publishing as	8184
defined in division (LLL) of that section.	8185

(4) "Computer data center equipment" means tangible personal	8186
property used or to be used for any of the following:	8187

(a) To conduct a computer data center business, including	8188
equipment cooling systems to manage the performance of computer	8189
data center equipment;	8190

(b) To generate, transform, transmit, distribute, or manage	8191
electricity necessary to operate the tangible personal property	8192
used or to be used in conducting a computer data center business;	8193

(c) As building and construction materials sold to	8194
construction contractors for incorporation into a computer data	8195
center.	8196

(5) "Eligible computer data center" means a computer data	8197
center that satisfies all of the following requirements:	8198

(a) The taxpayer will make payments for a capital investment	8199
project of at least one hundred million dollars in the aggregate	8200
at the project site during a period of three consecutive calendar	8201
years;	8202

(b) The taxpayer will pay annual compensation that is subject	8203
to the withholding obligation imposed under section 5747.06 of the	8204
Revised Code of at least five million dollars to employees	8205
employed at the project site for the term of the agreement.	8206

(6) "Person" has the same meaning as in section 5701.01 of	8207
the Revised Code.	8208

(7) "Project site," "related member," and "tax credit	8209
authority" have the same meanings as in sections 122.17 and	8210
122.171 of the Revised Code.	8211

(8) "Taxpayer" means any person subject to the taxes imposed	8212
under Chapters 5739. and 5741. of the Revised Code.	8213

(B) The tax credit authority may completely or partially	8214
exempt from the taxes levied under Chapters 5739. and 5741. of the	8215
Revised Code the sale, storage, use, or other consumption of	8216
computer data center equipment used or to be used at an eligible	8217
computer data center. Any such exemption shall extend to charges	8218
for the delivery, installation, or repair of the computer data	8219
center equipment subject to the exemption under this section.	8220

(C) A taxpayer that proposes a capital improvement project	8221
for an eligible computer data center in this state may apply to	8222
the tax credit authority to enter into an agreement under this	8223
section for a complete or partial exemption from the taxes imposed	8224
under Chapters 5739. and 5741. of the Revised Code on computer	8225
data center equipment used or to be used at the eligible computer	8226
data center. The director of development shall prescribe the form	8227
of the application. After receipt of an application, the authority	8228
shall forward copies of the application to the director of budget	8229
and management, the tax commissioner, and the director of	8230
development, each of whom shall review the application to	8231
determine the economic impact that the proposed eligible computer	8232
data center would have on the state and any affected political	8233
subdivisions and submit to the authority a summary of their	8234
determinations and recommendations.	8235

(D) Upon review and consideration of such determinations and	8236
recommendations, the tax credit authority may enter into an	8237
agreement with the taxpayer for a complete or partial exemption	8238
from the taxes imposed under Chapters 5739. and 5741. of the	8239
Revised Code on computer data center equipment used or to be used	8240
at an eligible computer data center if the authority determines	8241
all of the following:	8242

(1) The taxpayer's capital investment project for the	8243
eligible computer data center will increase payroll and the amount	8244
of income taxes to be withheld from employee compensation pursuant	8245
to section 5747.06 of the Revised Code.	8246

(2) The taxpayer is economically sound and has the ability to	8247
complete the proposed capital investment project.	8248

(3) The taxpayer intends to and has the ability to maintain	8249
operations at the project site for the term of the agreement.	8250

(4) Receiving the exemption is a major factor in the	8251
taxpayer's decision to begin, continue with, or complete the	8252
capital investment project.	8253

(E) An agreement entered into under this section shall	8254
include all of the following:	8255

(1) A detailed description of the capital investment project	8256
that is the subject of the agreement, including the amount of the	8257
investment, the period over which the investment has been or is	8258
being made, the annual compensation to be paid by the taxpayer to	8259
its employees at the project site, and the anticipated amount of	8260
income taxes to be withheld from employee compensation pursuant to	8261
section 5747.06 of the Revised Code.	8262

(2) The percentage of the exemption from the taxes imposed	8263
under Chapters 5739. and 5741. of the Revised Code for the	8264
computer data center equipment used or to be used at the eligible	8265
computer data center, the length of time the computer data center	8266
equipment will be exempted, and the first date on which the	8267
exemption applies.	8268

(3) A requirement that the taxpayer maintain the computer	8269
data center as an eligible computer data center during the term of	8270
the agreement and that the taxpayer maintain operations at the	8271
eligible computer data center during that term.	8272

(4) A requirement that during each year of the term of the	8273
agreement the taxpayer pay annual compensation that is subject to	8274
the withholding obligation imposed under section 5747.06 of the	8275
Revised Code of at least five million dollars to its employees at	8276
the eligible computer data center.	8277

(5) A requirement that the taxpayer annually report to the	8278
director of development employment, tax withholding, capital	8279
investment, and other information required by the director to	8280
perform the director's duties under this section.	8281

(6) A requirement that the director of development annually	8282
review the annual reports of the taxpayer to verify the	8283
information reported under division (E)(5) of this section and	8284
compliance with the agreement. Upon verification, the director	8285
shall issue a certificate to the taxpayer stating that the	8286
information has been verified and that the taxpayer remains	8287
eligible for the exemption specified in the agreement.	8288

(7) A provision providing that the taxpayer may not relocate	8289
a substantial number of employment positions from elsewhere in	8290
this state to the project site unless the director of development	8291
determines that the taxpayer notified the legislative authority of	8292
the county, township, or municipal corporation from which the	8293
employment positions would be relocated. For purposes of this	8294
paragraph, the movement of an employment position from one	8295
political subdivision to another political subdivision shall be	8296
considered a relocation of an employment position unless the	8297
movement is confined to the project site. The transfer of an	8298
employment position from one political subdivision to another	8299
political subdivision shall not be considered a relocation of an	8300
employment position if the employment position in the first	8301
political subdivision is replaced by another employment position.	8302

(8) A waiver by the taxpayer of any limitations periods	8303
relating to assessments or adjustments resulting from the	8304
taxpayer's failure to comply with the agreement.	8305

(F) The term of an agreement under this section shall be	8306
determined by the tax credit authority, and the amount of the	8307
exemption shall not exceed one hundred per cent of such taxes that	8308
would otherwise be owed in respect to the exempted computer data	8309
center equipment.	8310

(G) If a taxpayer fails to meet or comply with any condition	8311
or requirement set forth in an agreement under this section, the	8312
tax credit authority may amend the agreement to reduce the	8313
percentage of the exemption or term during which the exemption	8314
applies to the computer data center equipment used or to be used	8315
at an eligible computer data center. The reduction of the	8316
percentage or term may take effect in the current calendar year.	8317

(H) Financial statements and other information submitted to	8318
the department of development or the tax credit authority by an	8319
applicant for or recipient of an exemption under this section, and	8320
any information taken for any purpose from such statements or	8321
information, are not public records subject to section 149.43 of	8322
the Revised Code. However, the chairperson of the authority may	8323
make use of the statements and other information for purposes of	8324
issuing public reports or in connection with court proceedings	8325
concerning tax exemption agreements under this section. Upon the	8326
request of the tax commissioner, the chairperson of the authority	8327
shall provide to the tax commissioner any statement or other	8328
information submitted by an applicant for or recipient of an	8329
exemption under this section. The tax commissioner shall preserve	8330
the confidentiality of the statement or other information.	8331

(I) The tax commissioner shall issue a direct payment permit	8332
under section 5739.031 of the Revised Code to a taxpayer that	8333
enters into an agreement under this section. Such direct payment	8334
permit shall authorize the taxpayer to pay any sales and use taxes	8335
due on purchases of computer data center equipment used or to be	8336
used in an eligible computer data center and to pay any sales and	8337
use taxes due on purchases of tangible personal property or	8338
taxable services other than computer data center equipment used or	8339
to be used in an eligible computer data center directly to the tax	8340
commissioner. Each taxpayer shall pay pursuant to such direct	8341
payment permit all sales tax levied on such purchases under	8342
sections 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised	8343
Code and all use tax levied on such purchases under sections	8344
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code,	8345
consistent with the terms of the agreement entered into under this	8346
section.	8347

During the term of an agreement under this section the	8348
taxpayer shall submit to the tax commissioner a return that shows	8349
the amount of computer data center equipment purchased for use at	8350
the eligible computer data center, the amount of tangible personal	8351
property and taxable services other than computer data center	8352
equipment purchased for use at the eligible computer data center,	8353
the amount of tax under Chapter 5739. or 5741. of the Revised Code	8354
that would be due in the absence of the agreement under this	8355
section, the exemption percentage for computer data center	8356
equipment specified in the agreement, and the amount of tax due	8357
under Chapter 5739. or 5741. of the Revised Code as a result of	8358
the agreement under this section. The taxpayer shall pay the tax	8359
shown on the return to be due in the manner and at the times as	8360
may be further prescribed by the tax commissioner. The taxpayer	8361
shall include a copy of the director of development's certificate	8362
of verification issued under division (E)(6) of this section.	8363
Failure to submit a copy of the certificate with the return does	8364
not invalidate the claim for exemption if the taxpayer submits a	8365
copy of the certificate to the tax commissioner within sixty days	8366
after the tax commissioner requests it.	8367

(J) If the director of development determines that a taxpayer	8368
that received an exemption under this section is not complying	8369
with the requirement under division (E)(3) of this section, the	8370
director shall notify the tax credit authority of the	8371
noncompliance. After receiving such a notice, and after giving the	8372
taxpayer an opportunity to explain the noncompliance, the	8373
authority may terminate the agreement and require the taxpayer to	8374
pay to the state all or a portion of the taxes that would have	8375
been owed in regards to the exempt equipment in previous years,	8376
all as determined under rules adopted pursuant to division (K) of	8377
this section. In determining the portion of the taxes that would	8378
have been owed on the previously exempted equipment to be paid to	8379
this state by the taxpayer, the authority shall consider the	8380
effect of market conditions on the taxpayer's eligible computer	8381
data center and whether the taxpayer continues to maintain other	8382
operations in this state. After making the determination, the	8383
authority shall certify to the tax commissioner the amount to be	8384
paid by the taxpayer. The tax commissioner shall make an	8385
assessment for that amount against the taxpayer under Chapter	8386
5739. or 5741. of the Revised Code. The time limitations on	8387
assessments under those chapters do not apply to an assessment	8388
under this division, but the tax commissioner shall make the	8389
assessment within one year after the date the authority certifies	8390
to the tax commissioner the amount to be paid by the taxpayer.	8391

(K) The director of development, after consultation with the	8392
tax commissioner and in accordance with Chapter 119. of the	8393
Revised Code, shall adopt rules necessary to implement this	8394
section. The rules may provide for recipients of tax exemptions	8395
under this section to be charged fees to cover administrative	8396
costs incurred in the administration of this section. The fees	8397
collected shall be credited to the tax incentive programs	8398
operating fund created in section 122.174 of the Revised Code. At	8399
the time the director gives public notice under division (A) of	8400
section 119.03 of the Revised Code of the adoption of the rules,	8401
the director shall submit copies of the proposed rules to the	8402
chairpersons of the standing committees on economic development in	8403
the senate and the house of representatives.	8404

(L) On or before the first day of August of each year, the	8405
director of development shall submit a report to the governor, the	8406
president of the senate, and the speaker of the house of	8407
representatives on the tax exemption authorized under this	8408
section. The report shall include information on the number of	8409
agreements that were entered into under this section during the	8410
preceding calendar year, a description of the eligible computer	8411
data center that is the subject of each such agreement, and an	8412
update on the status of eligible computer data centers under	8413
agreements entered into before the preceding calendar year.	8414

Sec. 122.76. (A) The director of development, with	8415
controlling board approval, may lend funds to minority business	8416
enterprises and to community improvement corporations, Ohio	8417
development corporations, minority contractors business assistance	8418
organizations, and minority business supplier development councils	8419
for the purpose of loaning funds to minority business enterprises	8420
and for the purpose of procuring or improving real or personal	8421
property, or both, for the establishment, location, or expansion	8422
of industrial, distribution, commercial, or research facilities in	8423
the state, and to community development corporations that	8424
predominantly benefit minority business enterprises or are located	8425
in a census tract that has a population that is sixty per cent or	8426
more minority if the director determines, in the director's sole	8427
discretion, that all of the following apply:	8428

(1) The project is economically sound and will benefit the	8429
people of the state by increasing opportunities for employment, by	8430
strengthening the economy of the state, or expanding minority	8431
business enterprises.	8432

(2) The proposed minority business enterprise borrower is	8433
unable to finance the proposed project through ordinary financial	8434
channels at comparable terms.	8435

(3) The value of the project is or, upon completion, will be	8436
at least equal to the total amount of the money expended in the	8437
procurement or improvement of the project~~, and one or more~~	8438
~~financial institutions or other governmental entities have loaned~~	8439
~~not less than thirty per cent of that amount~~.	8440

(4) The amount to be loaned by the director will not exceed	8441
sixty per cent of the total amount expended in the procurement or	8442
improvement of the project.	8443

(5) The amount to be loaned by the director will be	8444
adequately secured by a first or second mortgage upon the project	8445
or by mortgages, leases, liens, assignments, or pledges on or of	8446
other property or contracts as the director requires, and such	8447
mortgage will not be subordinate to any other liens or mortgages	8448
except the liens securing loans or investments made by financial	8449
institutions referred to in division (A)(3) of this section, and	8450
the liens securing loans previously made by any financial	8451
institution in connection with the procurement or expansion of all	8452
or part of a project.	8453

(B) Any proposed minority business enterprise borrower	8454
submitting an application for assistance under this section shall	8455
not have defaulted on a previous loan from the director, and no	8456
full or limited partner, major shareholder, or holder of an equity	8457
interest of the proposed minority business enterprise borrower	8458
shall have defaulted on a loan from the director.	8459

(C) The proposed minority business enterprise borrower shall	8460
demonstrate to the satisfaction of the director that it is able to	8461
successfully compete in the private sector if it obtains the	8462
necessary financial, technical, or managerial support and that	8463
support is available through the director, the minority business	8464
development office of the department of development, or other	8465
identified and acceptable sources. In determining whether a	8466
minority business enterprise borrower will be able to successfully	8467
compete, the director may give consideration to such factors as	8468
the successful completion of or participation in courses of study,	8469
recognized by the board of regents as providing financial,	8470
technical, or managerial skills related to the operation of the	8471
business, by the economically disadvantaged individual, owner, or	8472
partner, and the prior success of the individual, owner, or	8473
partner in personal, career, or business activities, as well as to	8474
other factors identified by the director.	8475

(D) The director shall not lend funds for the purpose of	8476
procuring or improving motor vehicles or accounts receivable.	8477

Sec. 123.01. (A) The department of administrative services,	8478
in addition to those powers enumerated in Chapters 124. and 125.	8479
of the Revised Code and provided elsewhere by law, shall exercise	8480
the following powers:	8481

(1) To prepare, or contract to be prepared, by licensed	8482
engineers or architects, surveys, general and detailed plans,	8483
specifications, bills of materials, and estimates of cost for any	8484
projects, improvements, or public buildings to be constructed by	8485
state agencies that may be authorized by legislative	8486
appropriations or any other funds made available therefor,	8487
provided that the construction of the projects, improvements, or	8488
public buildings is a statutory duty of the department. This	8489
section does not require the independent employment of an	8490
architect or engineer as provided by section 153.01 of the Revised	8491
Code in the cases to which that section applies nor affect or	8492
alter the existing powers of the director of transportation.	8493

(2) To have general supervision over the construction of any	8494
projects, improvements, or public buildings constructed for a	8495
state agency and over the inspection of materials previous to	8496
their incorporation into those projects, improvements, or	8497
buildings;	8498

(3) To make contracts for and supervise the construction of	8499
any projects and improvements or the construction and repair of	8500
buildings under the control of a state agency, except contracts	8501
for the repair of buildings under the management and control of	8502
the departments of public safety, job and family services, mental	8503
health, developmental disabilities, rehabilitation and correction,	8504
and youth services, the bureau of workers' compensation, the	8505
rehabilitation services commission, and boards of trustees of	8506
educational and benevolent institutions and except contracts for	8507
the construction of projects that do not require the issuance of a	8508
building permit or the issuance of a certificate of occupancy and	8509
that are necessary to remediate conditions at a hazardous waste	8510
facility, solid waste facility, or other location at which the	8511
director of environmental protection has reason to believe there	8512
is a substantial threat to public health or safety or the	8513
environment. These contracts shall be made and entered into by the	8514
directors of public safety, job and family services, mental	8515
health, developmental disabilities, rehabilitation and correction,	8516
and youth services, the administrator of workers' compensation,	8517
the rehabilitation services commission, the boards of trustees of	8518
such institutions, and the director of environmental protection,	8519
respectively. All such contracts may be in whole or in part on	8520
unit price basis of maximum estimated cost, with payment computed	8521
and made upon actual quantities or units.	8522

(4) To prepare and suggest comprehensive plans for the	8523
development of grounds and buildings under the control of a state	8524
agency;	8525

(5) To acquire, by purchase, gift, devise, lease, or grant,	8526
all real estate required by a state agency, in the exercise of	8527
which power the department may exercise the power of eminent	8528
domain, in the manner provided by sections 163.01 to 163.22 of the	8529
Revised Code;	8530

(6) To make and provide all plans, specifications, and models	8531
for the construction and perfection of all systems of sewerage,	8532
drainage, and plumbing for the state in connection with buildings	8533
and grounds under the control of a state agency;	8534

(7) To erect, supervise, and maintain all public monuments	8535
and memorials erected by the state, except where the supervision	8536
and maintenance is otherwise provided by law;	8537

(8) To procure, by lease, storage accommodations for a state	8538
agency;	8539

(9) To lease or grant easements or licenses for unproductive	8540
and unused lands or other property under the control of a state	8541
agency. Such leases, easements, or licenses shall be granted for a	8542
period not to exceed fifteen years and shall be executed for the	8543
state by the director of administrative services and the governor	8544
and shall be approved as to form by the attorney general, provided	8545
that leases, easements, or licenses may be granted to any county,	8546
township, municipal corporation, port authority, water or sewer	8547
district, school district, library district, health district, park	8548
district, soil and water conservation district, conservancy	8549
district, or other political subdivision or taxing district, or	8550
any agency of the United States government, for the exclusive use	8551
of that agency, political subdivision, or taxing district, without	8552
any right of sublease or assignment, for a period not to exceed	8553
fifteen years, and provided that the director shall grant leases,	8554
easements, or licenses of university land for periods not to	8555
exceed twenty-five years for purposes approved by the respective	8556
university's board of trustees wherein the uses are compatible	8557
with the uses and needs of the university and may grant leases of	8558
university land for periods not to exceed forty years for purposes	8559
approved by the respective university's board of trustees pursuant	8560
to section 123.77 of the Revised Code.	8561

(10) To lease space for the use of a state agency;

8562

(11) To have general supervision and care of the storerooms,	8563
offices, and buildings leased for the use of a state agency;	8564

(12) To exercise general custodial care of all real property	8565
of the state;	8566

(13) To assign and group together state offices in any city	8567
in the state and to establish, in cooperation with the state	8568
agencies involved, rules governing space requirements for office	8569
or storage use;	8570

(14) To lease for a period not to exceed forty years,	8571
pursuant to a contract providing for the construction thereof	8572
under a lease-purchase plan, buildings, structures, and other	8573
improvements for any public purpose, and, in conjunction	8574
therewith, to grant leases, easements, or licenses for lands under	8575
the control of a state agency for a period not to exceed forty	8576
years. The lease-purchase plan shall provide that at the end of	8577
the lease period, the buildings, structures, and related	8578
improvements, together with the land on which they are situated,	8579
shall become the property of the state without cost.	8580

(a) Whenever any building, structure, or other improvement is	8581
to be so leased by a state agency, the department shall retain	8582
either basic plans, specifications, bills of materials, and	8583
estimates of cost with sufficient detail to afford bidders all	8584
needed information or, alternatively, all of the following plans,	8585
details, bills of materials, and specifications:	8586

(i) Full and accurate plans suitable for the use of mechanics	8587
and other builders in the improvement;	8588

(ii) Details to scale and full sized, so drawn and	8589
represented as to be easily understood;	8590

(iii) Accurate bills showing the exact quantity of different	8591
kinds of material necessary to the construction;	8592

(iv) Definite and complete specifications of the work to be	8593
performed, together with such directions as will enable a	8594
competent mechanic or other builder to carry them out and afford	8595
bidders all needed information;	8596

(v) A full and accurate estimate of each item of expense and	8597
of the aggregate cost thereof.	8598

(b) The department shall give public notice, in such	8599
newspaper, in such form, and with such phraseology as the director	8600
of administrative services prescribes, published once each week	8601
for four consecutive weeks, of the time when and place where bids	8602
will be received for entering into an agreement to lease to a	8603
state agency a building, structure, or other improvement. The last	8604
publication shall be at least eight days preceding the day for	8605
opening the bids. The bids shall contain the terms upon which the	8606
builder would propose to lease the building, structure, or other	8607
improvement to the state agency. The form of the bid approved by	8608
the department shall be used, and a bid is invalid and shall not	8609
be considered unless that form is used without change, alteration,	8610
or addition. Before submitting bids pursuant to this section, any	8611
builder shall comply with Chapter 153. of the Revised Code.	8612

(c) On the day and at the place named for receiving bids for	8613
entering into lease agreements with a state agency, the director	8614
of administrative services shall open the bids and shall publicly	8615
proceed immediately to tabulate the bids upon duplicate sheets. No	8616
lease agreement shall be entered into until the bureau of workers'	8617
compensation has certified that the person to be awarded the lease	8618
agreement has complied with Chapter 4123. of the Revised Code,	8619
until, if the builder submitting the lowest and best bid is a	8620
foreign corporation, the secretary of state has certified that the	8621
corporation is authorized to do business in this state, until, if	8622
the builder submitting the lowest and best bid is a person	8623
nonresident of this state, the person has filed with the secretary	8624
of state a power of attorney designating the secretary of state as	8625
its agent for the purpose of accepting service of summons in any	8626
action brought under Chapter 4123. of the Revised Code, and until	8627
the agreement is submitted to the attorney general and the	8628
attorney general's approval is certified thereon. Within thirty	8629
days after the day on which the bids are received, the department	8630
shall investigate the bids received and shall determine that the	8631
bureau and the secretary of state have made the certifications	8632
required by this section of the builder who has submitted the	8633
lowest and best bid. Within ten days of the completion of the	8634
investigation of the bids, the department shall award the lease	8635
agreement to the builder who has submitted the lowest and best bid	8636
and who has been certified by the bureau and secretary of state as	8637
required by this section. If bidding for the lease agreement has	8638
been conducted upon the basis of basic plans, specifications,	8639
bills of materials, and estimates of costs, upon the award to the	8640
builder the department, or the builder with the approval of the	8641
department, shall appoint an architect or engineer licensed in	8642
this state to prepare such further detailed plans, specifications,	8643
and bills of materials as are required to construct the building,	8644
structure, or improvement. The department shall adopt such rules	8645
as are necessary to give effect to this section. The department	8646
may reject any bid. Where there is reason to believe there is	8647
collusion or combination among bidders, the bids of those	8648
concerned therein shall be rejected.	8649

(15) To acquire by purchase, gift, devise, or grant and to	8650
transfer, lease, or otherwise dispose of all real property	8651
required to assist in the development of a conversion facility as	8652
defined in section 5709.30 of the Revised Code as that section	8653
existed before its repeal by Amended Substitute House Bill 95 of	8654
the 125th general assembly;	8655

(16) To lease for a period not to exceed forty years,	8656
notwithstanding any other division of this section, the	8657
state-owned property located at 408-450 East Town Street,	8658
Columbus, Ohio, formerly the state school for the deaf, to a	8659
developer in accordance with this section. "Developer," as used in	8660
this section, has the same meaning as in section 123.77 of the	8661
Revised Code.	8662

Such a lease shall be for the purpose of development of the	8663
land for use by senior citizens by constructing, altering,	8664
renovating, repairing, expanding, and improving the site as it	8665
existed on June 25, 1982. A developer desiring to lease the land	8666
shall prepare for submission to the department a plan for	8667
development. Plans shall include provisions for roads, sewers,	8668
water lines, waste disposal, water supply, and similar matters to	8669
meet the requirements of state and local laws. The plans shall	8670
also include provision for protection of the property by insurance	8671
or otherwise, and plans for financing the development, and shall	8672
set forth details of the developer's financial responsibility.	8673

The department may employ, as employees or consultants,	8674
persons needed to assist in reviewing the development plans. Those	8675
persons may include attorneys, financial experts, engineers, and	8676
other necessary experts. The department shall review the	8677
development plans and may enter into a lease if it finds all of	8678
the following:	8679

(a) The best interests of the state will be promoted by	8680
entering into a lease with the developer;	8681

(b) The development plans are satisfactory;

8682

(c) The developer has established the developer's financial	8683
responsibility and satisfactory plans for financing the	8684
development.	8685

The lease shall contain a provision that construction or	8686
renovation of the buildings, roads, structures, and other	8687
necessary facilities shall begin within one year after the date of	8688
the lease and shall proceed according to a schedule agreed to	8689
between the department and the developer or the lease will be	8690
terminated. The lease shall contain such conditions and	8691
stipulations as the director considers necessary to preserve the	8692
best interest of the state. Moneys received by the state pursuant	8693
to this lease shall be paid into the general revenue fund. The	8694
lease shall provide that at the end of the lease period the	8695
buildings, structures, and related improvements shall become the	8696
property of the state without cost.	8697

(17) To lease to any person any tract of land owned by the	8698
state and under the control of the department, or any part of such	8699
a tract, for the purpose of drilling for or the pooling of oil or	8700
gas. Such a lease shall be granted for a period not exceeding	8701
forty years, with the full power to contract for, determine the	8702
conditions governing, and specify the amount the state shall	8703
receive for the purposes specified in the lease, and shall be	8704
prepared as in other cases.	8705

(18) To manage the use of space owned and controlled by the	8706
department, including space in property under the jurisdiction of	8707
the Ohio building authority, by doing all of the following:	8708

(a) Biennially implementing, by state agency location, a	8709
census of agency employees assigned space;	8710

(b) Periodically in the discretion of the director of	8711
administrative services:	8712

(i) Requiring each state agency to categorize the use of	8713
space allotted to the agency between office space, common areas,	8714
storage space, and other uses, and to report its findings to the	8715
department;	8716

(ii) Creating and updating a master space utilization plan	8717
for all space allotted to state agencies. The plan shall	8718
incorporate space utilization metrics.	8719

(iii) Conducting a cost-benefit analysis to determine the	8720
effectiveness of state-owned buildings;	8721

(iv) Assessing the alternatives associated with consolidating	8722
the commercial leases for buildings located in Columbus.	8723

(c) Commissioning a comprehensive space utilization and	8724
capacity study in order to determine the feasibility of	8725
consolidating existing commercially leased space used by state	8726
agencies into a new state-owned facility.	8727

(B) This section and section 125.02 of the Revised Code shall	8728
not interfere with any of the following:	8729

(1) The power of the adjutant general to purchase military	8730
supplies, or with the custody of the adjutant general of property	8731
leased, purchased, or constructed by the state and used for	8732
military purposes, or with the functions of the adjutant general	8733
as director of state armories;	8734

(2) The power of the director of transportation in acquiring	8735
rights-of-way for the state highway system, or the leasing of	8736
lands for division or resident district offices, or the leasing of	8737
lands or buildings required in the maintenance operations of the	8738
department of transportation, or the purchase of real property for	8739
garage sites or division or resident district offices, or in	8740
preparing plans and specifications for and constructing such	8741
buildings as the director may require in the administration of the	8742
department;	8743

(3) The power of the director of public safety and the	8744
registrar of motor vehicles to purchase or lease real property and	8745
buildings to be used solely as locations to which a deputy	8746
registrar is assigned pursuant to division (B) of section 4507.011	8747
of the Revised Code and from which the deputy registrar is to	8748
conduct the deputy registrar's business, the power of the director	8749
of public safety to purchase or lease real property and buildings	8750
to be used as locations for division or district offices as	8751
required in the maintenance of operations of the department of	8752
public safety, and the power of the superintendent of the state	8753
highway patrol in the purchase or leasing of real property and	8754
buildings needed by the patrol, to negotiate the sale of real	8755
property owned by the patrol, to rent or lease real property owned	8756
or leased by the patrol, and to make or cause to be made repairs	8757
to all property owned or under the control of the patrol;	8758

(4) The power of the division of liquor control in the	8759
leasing or purchasing of retail outlets and warehouse facilities	8760
for the use of the division;	8761

(5) The power of the director of development to enter into	8762
leases of real property, buildings, and office space to be used	8763
solely as locations for the state's foreign offices to carry out	8764
the purposes of section 122.05 of the Revised Code;	8765

(6) The power of the director of environmental protection to	8766
enter into environmental covenants, to grant and accept easements,	8767
or to sell property pursuant to division (G) of section 3745.01 of	8768
the Revised Code.	8769

(C) Purchases for, and the custody and repair of, buildings	8770
under the management and control of the capitol square review and	8771
advisory board, the rehabilitation services commission, the bureau	8772
of workers' compensation, or the departments of public safety, job	8773
and family services, mental health, developmental disabilities,	8774
and rehabilitation and correction~~, and~~; buildings of educational	8775
and benevolent institutions under the management and control of	8776
boards of trustees,; and purchases or leases for, and the custody	8777
and repair of, office space used for the purposes of the joint	8778
legislative ethics committee are not subject to the control and	8779
jurisdiction of the department of administrative services.	8780

If the joint legislative ethics committee so requests, the	8781
committee and the director of administrative services may enter	8782
into a contract under which the department of administrative	8783
services agrees to perform any services requested by the committee	8784
that the department is authorized under this section to perform.	8785

(D) Any instrument by which real property is acquired	8786
pursuant to this section shall identify the agency of the state	8787
that has the use and benefit of the real property as specified in	8788
section 5301.012 of the Revised Code.	8789

Sec. 123.011. (A) As used in this section:

8790

(1) "Construct" includes reconstruct, improve, renovate,	8791
enlarge, or otherwise alter.	8792

(2) "Energy consumption analysis" means the evaluation of all	8793
energy consuming systems, components, and equipment by demand and	8794
type of energy, including the internal energy load imposed on a	8795
facility by its occupants and the external energy load imposed by	8796
climatic conditions.	8797

(3) "Energy performance index" means a number describing the	8798
energy requirements of a facility per square foot of floor space	8799
or per cubic foot of occupied volume as appropriate under defined	8800
internal and external ambient conditions over an entire seasonal	8801
cycle.	8802

(4) "Facility" means a building or other structure, or part	8803
of a building or other structure, that includes provision for a	8804
heating, refrigeration, ventilation, cooling, lighting, hot water,	8805
or other major energy consuming system, component, or equipment.	8806

(5) "Life-cycle cost analysis" means a general approach to	8807
economic evaluation that takes into account all dollar costs	8808
related to owning, operating, maintaining, and ultimately	8809
disposing of a project over the appropriate study period.	8810

(6) "Political subdivision" means a county, township,	8811
municipal corporation, board of education of any school district,	8812
or any other body corporate and politic that is responsible for	8813
government activities in a geographic area smaller than that of	8814
the state.	8815

(7) "State funded" means funded in whole or in part through	8816
appropriation by the general assembly or through the use of any	8817
guarantee provided by this state.	8818

~~(6)~~(8) "State institution of higher education" has the same	8819
meaning as in section 3345.011 of the Revised Code.	8820

(B) There is hereby created within the department of	8821
administrative services the office of energy services. The office	8822
shall be under the supervision of a manager, who shall be	8823
appointed by the director of administrative services. The director	8824
shall assign to the office such number of employees and furnish	8825
such equipment and supplies as are necessary for the performance	8826
of the office's duties.	8827

The office shall develop energy efficiency and conservation	8828
programs in each of the following areas:	8829

(1) New construction design and review;

8830

(2) Existing building audit and retrofit;

8831

(3) Energy efficient procurement;

8832

(4) Alternative fuel vehicles.

8833

The office may accept and administer grants from public and	8834
private sources for carrying out any of its duties under this	8835
section.	8836

(C) No state agency, department, division, bureau, office,	8837
unit, board, commission, authority, quasi-governmental entity, or	8838
institution, including those agencies otherwise excluded from the	8839
jurisdiction of the department under division (A)(3) of section	8840
123.01 of the Revised Code, shall lease, construct, or cause to be	8841
leased or constructed, within the limits prescribed in this	8842
section, a state-funded facility, without ~~having secured from the~~	8843
~~office~~ a proper life-cycle cost analysis or, in the case of a	8844
lease, an energy consumption analysis, as computed or prepared by	8845
a qualified architect or engineer in accordance with the rules	8846
required by division (D) of this section.	8847

Construction shall proceed only upon the disclosure to the	8848
office, for the facility chosen, of the life-cycle costs as	8849
determined in this section and the capitalization of the initial	8850
construction costs of the building. The results of life-cycle cost	8851
analysis shall be a primary consideration in the selection of a	8852
building design. That analysis shall be required only for	8853
construction of buildings with an area of five thousand square	8854
feet or greater. An energy consumption analysis for the term of a	8855
proposed lease shall be required only for the leasing of an area	8856
of twenty thousand square feet or greater within a given building	8857
boundary. That analysis shall be a primary consideration in the	8858
selection of a facility to be leased.	8859

Nothing in this section shall deprive or limit any state	8860
agency that has review authority over design, construction, or	8861
leasing plans from requiring a life-cycle cost analysis or energy	8862
consumption analysis.	8863

~~Whenever any state agency, department, division, bureau,~~	8864
~~office, unit, board, commission, authority, quasi-governmental~~	8865
~~entity, or institution requests release of capital improvement~~	8866
~~funds for any state-funded facility, it shall submit copies of all~~	8867
~~pertinent life-cycle cost analyses prepared pursuant to this~~	8868
~~section and in accordance with rules adopted under Chapters 3781.~~	8869
~~and 4101. of the Revised Code.~~	8870

(D) For the purposes of assisting the department in its	8871
responsibility for state-funded facilities pursuant to section	8872
123.01 of the Revised Code and of cost-effectively reducing the	8873
energy consumption of those and any other state-funded facilities,	8874
thereby promoting fiscal, economic, and environmental benefits to	8875
this state, the office shall promulgate rules specifying	8876
cost-effective, energy efficiency and conservation standards that	8877
may govern the lease, design, construction, operation, and	8878
maintenance of all state-funded facilities, except facilities of	8879
state institutions of higher education or facilities operated by a	8880
political subdivision. The office of energy efficiency in the	8881
department of development shall cooperate in providing information	8882
and technical expertise to the office of energy services to ensure	8883
promulgation of rules of maximum effectiveness. The standards	8884
prescribed by rules promulgated under this division may draw from	8885
or incorporate, by reference or otherwise and in whole or in part,	8886
standards already developed or implemented by any competent,	8887
public or private standards organization or program. The rules	8888
also may include any of the following:	8889

(1) Specifications for a life-cycle cost analysis that shall	8890
determine, for the economic life of such state-funded facility,	8891
the reasonably expected costs of facility ownership, operation,	8892
and maintenance including labor and materials. Life-cycle cost may	8893
be expressed as an annual cost for each year of the facility's	8894
use. ~~Further, the life-cycle cost analysis may demonstrate for~~	8895
~~each design how the design contributes to energy efficiency and~~	8896
~~conservation with respect to any of the following:~~	8897

~~(a) The coordination, orientation, and positioning of the~~	8898
~~facility on its physical site;~~	8899

~~(b) The amount and type of glass employed in the facility and~~	8900
~~the directions of exposure;~~	8901

~~(c) Thermal characteristics of materials incorporated into~~	8902
~~facility design, including insulation;~~	8903

~~(d) Architectural features that affect energy consumption,~~	8904
~~including the solar absorption and reflection properties of~~	8905
~~external surfaces;~~	8906

~~(e) The variable occupancy and operating conditions of the~~	8907
~~facility and portions of the facility, including illumination~~	8908
~~levels;~~	8909

~~(f) Any other pertinent, physical characteristics of the~~	8910
~~design.~~	8911

A life-cycle cost analysis additionally may include an energy	8912
consumption analysis that conforms to division (D)(2) of this	8913
section.	8914

(2) Specifications for an energy consumption analysis of the	8915
facility's heating, refrigeration, ventilation, cooling, lighting,	8916
hot water, and other major energy consuming systems, components,	8917
and equipment. ~~This analysis shall include both of the following:~~	8918

~~(a) The comparison of two or more system alternatives, one of~~	8919
~~which may be a system using solar energy;~~	8920

~~(b) The projection of the annual energy consumption of those~~	8921
~~major energy consuming systems, components, and equipment, for a~~	8922
~~range of operation of the facility over the economic life of the~~	8923
~~facility and considering their operation at other than full or~~	8924
~~rated outputs.~~	8925

A life-cycle cost analysis and energy consumption analysis	8926
shall be based on the best currently available methods of	8927
analysis, such as those of the national ~~bureau~~institute of	8928
standards and technology, the United States department of ~~housing~~	8929
~~and urban development~~energy or other federal agencies,	8930
professional societies, and directions developed by the	8931
department.	8932

(3) Specifications for energy performance indices, to be used	8933
to audit and evaluate competing design proposals submitted to the	8934
state.	8935

(4) A requirement that, not later than two years after ~~the~~	8936
~~effective date of this amendment~~April 6, 2007, each state-funded	8937
facility, except a facility of a state institution of higher	8938
education or a facility operated by a political subdivision, is	8939
managed by at least one building operator certified under the	8940
building operator certification program or any equivalent program	8941
or standards as shall be prescribed in the rules and considered	8942
reasonably equivalent.	8943

(5) An application process by which a ~~project~~ manager~~, as to~~	8944
of a specified state-funded facility, except a facility of a state	8945
institution of higher education or a facility operated by a	8946
political subdivision, may apply for a waiver of compliance with	8947
any provision of the rules required by divisions (D)(1) to (4) of	8948
this section.	8949

(E) The office of energy services shall promulgate rules to	8950
ensure that energy efficiency and conservation will be considered	8951
in the purchase of products and equipment, except motor vehicles,	8952
by any state agency, department, division, bureau, office, unit,	8953
board, commission, authority, quasi-governmental entity, or	8954
institution. Minimum energy efficiency standards for purchased	8955
products and equipment may be required, based on federal testing	8956
and labeling where available or on standards developed by the	8957
office. The rules shall apply to the competitive selection of	8958
energy consuming systems, components, and equipment under Chapter	8959
125. of the Revised Code where possible.	8960

The office also shall ensure energy efficient and energy	8961
conserving purchasing practices by doing all of the following:	8962

(1) Cooperatively with the office of energy efficiency,	8963
identifying available energy efficiency and conservation	8964
opportunities;	8965

(2) Providing for interchange of information among purchasing	8966
agencies;	8967

(3) Identifying laws, policies, rules, and procedures that	8968
need modification;	8969

(4) Monitoring experience with and the cost-effectiveness of	8970
this state's purchase and use of motor vehicles and of major	8971
energy-consuming systems, components, equipment, and products	8972
having a significant impact on energy consumption by government;	8973

(5) Cooperatively with the office of energy efficiency,	8974
providing technical assistance and training to state employees	8975
involved in the purchasing process.	8976

The department of development shall make recommendations to	8977
the office regarding planning and implementation of purchasing	8978
policies and procedures supportive of energy efficiency and	8979
conservation.	8980

(F)(1) The office of energy services shall require all state	8981
agencies, departments, divisions, bureaus, offices, units,	8982
commissions, boards, authorities, quasi-governmental entities,	8983
institutions, and state institutions of higher education to	8984
implement procedures ensuring that all their passenger automobiles	8985
acquired in each fiscal year, except for those passenger	8986
automobiles acquired for use in law enforcement or emergency	8987
rescue work, achieve a fleet average fuel economy of not less than	8988
the fleet average fuel economy for that fiscal year as shall be	8989
prescribed by the office by rule. The office shall promulgate the	8990
rule prior to the beginning of the fiscal year in accordance with	8991
the average fuel economy standards established pursuant to federal	8992
law for passenger automobiles manufactured during the model year	8993
that begins during the fiscal year.	8994

(2) Each state agency, department, division, bureau, office,	8995
unit, commission, board, authority, quasi-governmental entity,	8996
institution, and state institution of higher education shall	8997
determine its fleet average fuel economy by dividing:	8998

(a) The total number of passenger vehicles acquired during	8999
the fiscal year, except for those passenger vehicles acquired for	9000
use in law enforcement or emergency rescue work, by	9001

(b) A sum of terms, each of which is a fraction created by	9002
dividing:	9003

(i) The number of passenger vehicles of a given make, model,	9004
and year, except for passenger vehicles acquired for use in law	9005
enforcement or emergency rescue work, acquired during the fiscal	9006
year, by	9007

(ii) The fuel economy measured by the administrator of the	9008
United States environmental protection agency, for the given make,	9009
model, and year of vehicle, that constitutes an average fuel	9010
economy for combined city and highway driving.	9011

As used in division (F)(2) of this section, "acquired" means	9012
leased for a period of sixty continuous days or more, or	9013
purchased.	9014

(G) Each state agency, department, division, bureau, office,	9015
unit, board, commission, authority, quasi-governmental entity,	9016
institution, and state institution of higher education shall	9017
comply with any applicable provision of this section or of a rule	9018
promulgated pursuant to division (D) or (F) of this section.	9019

Sec. 123.10. (A) The director of administrative services	9020
shall regulate the rate of tolls to be collected on the public	9021
works of the state, and shall fix all rentals and collect all	9022
tolls, rents, fines, commissions, fees, and other revenues arising	9023
from any source in the public works, including the sale,	9024
construction, purchase, or rental of property, except that the	9025
director shall not collect a commission or fee from a real estate	9026
broker or the private owner when real property is leased or rented	9027
to the state.	9028

(B) There is hereby created in the state treasury the state	9029
architect's fund which shall consist of money received by the	9030
department of administrative services under division (A) of this	9031
section, fees paid under section 123.17 of the Revised Code,	9032
transfers of money to the fund authorized by the general assembly,	9033
and such amount of the investment earnings of the administrative	9034
building fund created in division ~~(C)~~(F) of ~~this~~ section 154.24 of	9035
the Revised Code as the director of budget and management	9036
determines to be appropriate and in excess of the amounts required	9037
to meet estimated federal arbitrage rebate requirements. Money in	9038
the fund shall be used by the department of administrative	9039
services for the following purposes:	9040

(1) To pay personnel and other administrative expenses of the	9041
department;	9042

(2) To pay the cost of conducting evaluations of public	9043
works;	9044

(3) To pay the cost of building design specifications;

9045

(4) To pay the cost of providing project management services;

9046

(5) To pay the cost of operating the local administration	9047
competency certification program prescribed by section 123.17 of	9048
the Revised Code;	9049

(6) Any other purposes that the director of administrative	9050
services determines to be necessary for the department to execute	9051
its duties under this chapter.	9052

~~(C) There is hereby created in the state treasury the~~	9053
~~administrative building fund which shall consist of proceeds of~~	9054
~~obligations authorized to pay the cost of capital facilities.~~	9055
~~Except as provided in division (B) of this section, all investment~~	9056
~~earnings of the fund shall be credited to the fund. The fund shall~~	9057
~~be used to pay the cost of capital facilities designated by or~~	9058
~~pursuant to an act of the general assembly. The director of budget~~	9059
~~and management shall approve and provide a voucher for payments of~~	9060
~~amounts from the fund that represent the portion of investment~~	9061
~~earnings to be rebated or to be paid to the federal government in~~	9062
~~order to maintain the exclusion from gross income for federal~~	9063
~~income tax purposes on interest on those obligations pursuant to~~	9064
~~section 148(f) of the Internal Revenue Code.~~	9065

~~As used in this division, "capital facilities" has the same~~	9066
~~meaning as under section 152.09 of the Revised Code.~~	9067

Sec. 123.101. (A) As used in this section:

9068

"Capital facilities project" means the construction,	9069
reconstruction, improvement, enlargement, alteration, or repair of	9070
a building by a public entity.	9071

"Public entity" includes a state agency, county, township,	9072
municipal corporation, school district, state institution of	9073
higher education, or any other political subdivision of the state.	9074

"State institution of higher education" has the same meaning	9075
as in section 3345.011 of the Revised Code.	9076

(B) Commencing not later than July 1, 2012, and upon	9077
completion of a capital facilities project that is funded wholly	9078
or in part using state funds, each public entity shall submit a	9079
report about the project to the director of administrative	9080
services. The report shall be submitted in Ohio administrative	9081
knowledge system capital improvement format or in a manner	9082
determined by the director and not later than thirty days after	9083
the project is complete. The report shall provide the total	9084
original contract bid, total cost of change orders, total actual	9085
cost of the project, total costs incurred for mediation and	9086
litigation services, and any other data requested by the director.	9087
The first report submitted pursuant to this division shall include	9088
information about any capital facilities project completed on or	9089
after July 1, 2011.	9090

(C) Commencing not later than July 1, 2012, and annually	9091
thereafter, the attorney general shall report to the director on	9092
any mediation and litigation costs associated with capital	9093
facilities projects for which a judgment has been rendered. The	9094
report shall be submitted in a manner prescribed by the director	9095
and shall contain any information requested by the director	9096
related to capital facilities project mediation and litigation	9097
costs.	9098

(D) As soon as practicable after such information is made	9099
available, the director of administrative services shall	9100
incorporate the information reported pursuant to divisions (B) and	9101
(C) of this section into the Ohio administrative knowledge system.	9102

Sec. 124.09. The director of administrative services shall	9103
do all of the following:	9104

(A) Prescribe, amend, and enforce administrative rules for	9105
the purpose of carrying out the functions, powers, and duties	9106
vested in and imposed upon the director by this chapter. Except in	9107
the case of rules adopted pursuant to section 124.14 of the	9108
Revised Code, the prescription, amendment, and enforcement of	9109
rules under this division are subject to approval, disapproval, or	9110
modification by the state personnel board of review.	9111

(B) Keep records of the director's proceedings and records of	9112
all applications for examinations and all examinations conducted	9113
by the director or the director's designee. All of those records,	9114
except examinations, proficiency assessments, and recommendations	9115
of former employers, shall be open to public inspection under	9116
reasonable regulations; provided the governor, or any person	9117
designated by the governor, may, for the purpose of investigation,	9118
have free access to all of those records, whenever the governor	9119
has reason to believe that this chapter, or the administrative	9120
rules of the director prescribed under this chapter, are being	9121
violated.	9122

(C) Prepare, continue, and keep in the office of the	9123
department of administrative services a complete roster of all	9124
persons in the classified civil service of the state who are paid	9125
directly by warrant of the director of budget and management. This	9126
roster shall be open to public inspection at all reasonable hours.	9127
It shall show in reference to each of those persons, the person's	9128
name, address, date of appointment to or employment in the	9129
classified civil service of the state, and salary or compensation,	9130
the title of the place or office that the person holds, the nature	9131
of the duties of that place or office, and, in case of the	9132
person's removal or resignation, the date of the termination of	9133
that service.	9134

(D) Approve the establishment of all new positions in the	9135
civil service of the state and the reestablishment of abolished	9136
positions;	9137

(E) Require the abolishment of any position in the civil	9138
service of the state that is not filled after a period of twelve	9139
months unless it is determined that the position is seasonal in	9140
nature or that the vacancy is otherwise justified;	9141

(F) Make investigations concerning all matters touching the	9142
enforcement and effect of this chapter and the administrative	9143
rules of the director of administrative services prescribed under	9144
this chapter. In the course of those investigations, the director	9145
or the director's deputy may administer oaths and affirmations and	9146
take testimony relative to any matter which the director has	9147
authority to investigate.	9148

(G) Have the power to subpoena and require the attendance and	9149
testimony of witnesses and the production of books, papers, public	9150
records, and other documentary evidence pertinent to the	9151
investigations, inquiries, or hearings on any matter which the	9152
director has authority to investigate, inquire into, or hear, and	9153
to examine them in relation to any matter which the director has	9154
authority to investigate, inquire into, or hear. Fees and mileage	9155
shall be allowed to witnesses and, on their certificate, duly	9156
audited, shall be paid by the treasurer of state or, in the case	9157
of municipal or civil service township civil service commissions,	9158
by the county treasurer, for attendance and traveling, as provided	9159
in section 119.094 of the Revised Code. All officers in the civil	9160
service of the state or any of the political subdivisions of the	9161
state and their deputies, clerks, and employees shall attend and	9162
testify when summoned to do so by the director or the state	9163
personnel board of review. Depositions of witnesses may be taken	9164
by the director or the board, or any member of the board, in the	9165
manner prescribed by law for like depositions in civil actions in	9166
the courts of common pleas. In case any person, in disobedience to	9167
any subpoena issued by the director or the board, or any member of	9168
the board, or the chief examiner, fails or refuses to attend and	9169
testify to any matter regarding which the person may be lawfully	9170
interrogated, or produce any documentary evidence pertinent to any	9171
investigation, inquiry, or hearing, the court of common pleas of	9172
any county, or any judge of the court of common pleas of any	9173
county, where the disobedience, failure, or refusal occurs, upon	9174
application of the director or the board, or any member of the	9175
board, or a municipal or civil service township civil service	9176
commission, or any commissioner of such a commission, or their	9177
chief examiner, shall compel obedience by attachment proceedings	9178
for contempt as in the case of disobedience of the requirements of	9179
a subpoena issued from the court or a refusal to testify in the	9180
court.	9181

(H) Make a report to the governor, on or before the first day	9182
of January of each year, showing the director's actions, the rules	9183
and all exceptions to the rules in force, and any recommendations	9184
for the more effectual accomplishment of the purposes of this	9185
chapter. The director shall also furnish any special reports to	9186
the governor whenever the governor requests them. The reports	9187
shall be printed for public distribution under the same	9188
regulations as are the reports of other state officers, boards, or	9189
commissions.	9190

Sec. 124.11. The civil service of the state and the several	9191
counties, cities, civil service townships, city health districts,	9192
general health districts, and city school districts of the state	9193
shall be divided into the unclassified service and the classified	9194
service.	9195

(A) The unclassified service shall comprise the following	9196
positions, which shall not be included in the classified service,	9197
and which shall be exempt from all examinations required by this	9198
chapter:	9199

(1) All officers elected by popular vote or persons appointed	9200
to fill vacancies in those offices;	9201

(2) All election officers as defined in section 3501.01 of	9202
the Revised Code;	9203

(3)(a) The members of all boards and commissions, and heads	9204
of principal departments, boards, and commissions appointed by the	9205
governor or by and with the governor's consent;	9206

(b) The heads of all departments appointed by a board of	9207
county commissioners;	9208

(c) The members of all boards and commissions and all heads	9209
of departments appointed by the mayor, or, if there is no mayor,	9210
such other similar chief appointing authority of any city or city	9211
school district;	9212

Except as otherwise provided in division (A)(17) or (C) of	9213
this section, this chapter does not exempt the chiefs of police	9214
departments and chiefs of fire departments of cities or civil	9215
service townships from the competitive classified service.	9216

(4) The members of county or district licensing boards or	9217
commissions and boards of revision, and not more than five deputy	9218
county auditors;	9219

(5) All officers and employees elected or appointed by either	9220
or both branches of the general assembly, and employees of the	9221
city legislative authority engaged in legislative duties;	9222

(6) All commissioned, warrant, and noncommissioned officers	9223
and enlisted persons in the Ohio organized militia, including	9224
military appointees in the adjutant general's department;	9225

(7)(a) All presidents, business managers, administrative	9226
officers, superintendents, assistant superintendents, principals,	9227
deans, assistant deans, instructors, teachers, and such employees	9228
as are engaged in educational or research duties connected with	9229
the public school system, colleges, and universities, as	9230
determined by the governing body of the public school system,	9231
colleges, and universities;	9232

(b) The library staff of any library in the state supported	9233
wholly or in part at public expense.	9234

(8) Four clerical and administrative support employees for	9235
each of the elective state officers, four clerical and	9236
administrative support employees for each board of county	9237
commissioners and one such employee for each county commissioner,	9238
and four clerical and administrative support employees for other	9239
elective officers and each of the principal appointive executive	9240
officers, boards, or commissions, except for civil service	9241
commissions, that are authorized to appoint such clerical and	9242
administrative support employees;	9243

(9) The deputies and assistants of state agencies authorized	9244
to act for and on behalf of the agency, or holding a fiduciary or	9245
administrative relation to that agency and those persons employed	9246
by and directly responsible to elected county officials or a	9247
county administrator and holding a fiduciary or administrative	9248
relationship to such elected county officials or county	9249
administrator, and the employees of such county officials whose	9250
fitness would be impracticable to determine by competitive	9251
examination, provided that division (A)(9) of this section shall	9252
not affect those persons in county employment in the classified	9253
service as of September 19, 1961. Nothing in division (A)(9) of	9254
this section applies to any position in a county department of job	9255
and family services created pursuant to Chapter 329. of the	9256
Revised Code.	9257

(10) Bailiffs, constables, official stenographers, and	9258
commissioners of courts of record, deputies of clerks of the	9259
courts of common pleas who supervise or who handle public moneys	9260
or secured documents, and such officers and employees of courts of	9261
record and such deputies of clerks of the courts of common pleas	9262
as the director of administrative services finds it impracticable	9263
to determine their fitness by competitive examination;	9264

(11) Assistants to the attorney general, special counsel	9265
appointed or employed by the attorney general, assistants to	9266
county prosecuting attorneys, and assistants to city directors of	9267
law;	9268

(12) Such teachers and employees in the agricultural	9269
experiment stations; such students in normal schools, colleges,	9270
and universities of the state who are employed by the state or a	9271
political subdivision of the state in student or intern	9272
classifications; and such unskilled labor positions as the	9273
director of administrative services or any municipal civil service	9274
commission may find it impracticable to include in the competitive	9275
classified service; provided such exemptions shall be by order of	9276
the commission or the director, duly entered on the record of the	9277
commission or the director with the reasons for each such	9278
exemption;	9279

(13) Any physician or dentist who is a full-time employee of	9280
the department of mental health, the department of developmental	9281
disabilities, or an institution under the jurisdiction of either	9282
department; and physicians who are in residency programs at the	9283
institutions;	9284

(14) Up to twenty positions at each institution under the	9285
jurisdiction of the department of mental health or the department	9286
of developmental disabilities that the department director	9287
determines to be primarily administrative or managerial; and up to	9288
fifteen positions in any division of either department, excluding	9289
administrative assistants to the director and division chiefs,	9290
which are within the immediate staff of a division chief and which	9291
the director determines to be primarily and distinctively	9292
administrative and managerial;	9293

(15) Noncitizens of the United States employed by the state,	9294
or its counties or cities, as physicians or nurses who are duly	9295
licensed to practice their respective professions under the laws	9296
of this state, or medical assistants, in mental or chronic disease	9297
hospitals, or institutions;	9298

(16) Employees of the governor's office;

9299

(17) Fire chiefs and chiefs of police in civil service	9300
townships appointed by boards of township trustees under section	9301
505.38 or 505.49 of the Revised Code;	9302

(18) Executive directors, deputy directors, and program	9303
directors employed by boards of alcohol, drug addiction, and	9304
mental health services under Chapter 340. of the Revised Code, and	9305
secretaries of the executive directors, deputy directors, and	9306
program directors;	9307

(19) Superintendents, and management employees as defined in	9308
section 5126.20 of the Revised Code, of county boards of	9309
developmental disabilities;	9310

(20) Physicians, nurses, and other employees of a county	9311
hospital who are appointed pursuant to sections 339.03 and 339.06	9312
of the Revised Code;	9313

(21) The executive director of the state medical board, who	9314
is appointed pursuant to division (B) of section 4731.05 of the	9315
Revised Code;	9316

(22) County directors of job and family services as provided	9317
in section 329.02 of the Revised Code and administrators appointed	9318
under section 329.021 of the Revised Code;	9319

(23) A director of economic development who is hired pursuant	9320
to division (A) of section 307.07 of the Revised Code;	9321

(24) Chiefs of construction and compliance, of operations and	9322
maintenance, of worker protection, and of licensing and	9323
certification in the division of labor in the department of	9324
commerce;	9325

(25) The executive director of a county transit system	9326
appointed under division (A) of section 306.04 of the Revised	9327
Code;	9328

(26) Up to five positions at each of the administrative	9329
departments listed in section 121.02 of the Revised Code and at	9330
the department of taxation, department of the adjutant general,	9331
department of education, Ohio board of regents, bureau of workers'	9332
compensation, industrial commission, state lottery commission, and	9333
public utilities commission of Ohio that the head of that	9334
administrative department or of that other state agency determines	9335
to be involved in policy development and implementation. The head	9336
of the administrative department or other state agency shall set	9337
the compensation for employees in these positions at a rate that	9338
is not less than the minimum compensation specified in pay range	9339
41 but not more than the maximum compensation specified in pay	9340
range 44 of salary schedule E-2 in section 124.152 of the Revised	9341
Code. The authority to establish positions in the unclassified	9342
service under division (A)(26) of this section is in addition to	9343
and does not limit any other authority that an administrative	9344
department or state agency has under the Revised Code to establish	9345
positions, appoint employees, or set compensation.	9346

(27) Employees of the department of agriculture employed	9347
under section 901.09 of the Revised Code;	9348

(28) For cities, counties, civil service townships, city	9349
health districts, general health districts, and city school	9350
districts, the deputies and assistants of elective or principal	9351
executive officers authorized to act for and in the place of their	9352
principals or holding a fiduciary relation to their principals;	9353

(29) Employees who receive intermittent or temporary	9354
appointments under division (B) of section 124.30 of the Revised	9355
Code;	9356

(30) Employees appointed to administrative staff positions	9357
for which an appointing authority is given specific statutory	9358
authority to set compensation;	9359

(31) Employees appointed to highway patrol cadet or highway	9360
patrol cadet candidate classifications;	9361

(32) An administrator appointed by a county board of	9362
information services and records management under section 307.847	9363
of the Revised Code;	9364

(33) Employees placed in the unclassified service by another	9365
section of the Revised Code.	9366

(B) The classified service shall comprise all persons in the	9367
employ of the state and the several counties, cities, city health	9368
districts, general health districts, and city school districts of	9369
the state, not specifically included in the unclassified service.	9370
Upon the creation by the board of trustees of a civil service	9371
township civil service commission, the classified service shall	9372
also comprise, except as otherwise provided in division (A)(17) or	9373
(C) of this section, all persons in the employ of a civil service	9374
township police or fire department having ten or more full-time	9375
paid employees. The classified service consists of two classes,	9376
which shall be designated as the competitive class and the	9377
unskilled labor class.	9378

(1) The competitive class shall include all positions and	9379
employments in the state and the counties, cities, city health	9380
districts, general health districts, and city school districts of	9381
the state, and, upon the creation by the board of trustees of a	9382
civil service township of a township civil service commission, all	9383
positions in a civil service township police or fire department	9384
having ten or more full-time paid employees, for which it is	9385
practicable to determine the merit and fitness of applicants by	9386
competitive examinations. Appointments shall be made to, or	9387
employment shall be given in, all positions in the competitive	9388
class that are not filled by promotion, reinstatement, transfer,	9389
or reduction, as provided in this chapter, and the rules of the	9390
director of administrative services, by appointment from those	9391
certified to the appointing officer in accordance with this	9392
chapter.	9393

(2) The unskilled labor class shall include ordinary	9394
unskilled laborers. Vacancies in the labor class for positions in	9395
service of the state shall be filled by appointment from lists of	9396
applicants registered by the director. Vacancies in the labor	9397
class for all other positions shall be filled by appointment from	9398
lists of applicants registered by a commission. The director or	9399
the commission, as applicable, by rule, shall require an applicant	9400
for registration in the labor class to furnish evidence or take	9401
tests as the director or commission considers proper with respect	9402
to age, residence, physical condition, ability to labor, honesty,	9403
sobriety, industry, capacity, and experience in the work or	9404
employment for which application is made. Laborers who fulfill the	9405
requirements shall be placed on the eligible list for the kind of	9406
labor or employment sought, and preference shall be given in	9407
employment in accordance with the rating received from that	9408
evidence or in those tests. Upon the request of an appointing	9409
officer, stating the kind of labor needed, the pay and probable	9410
length of employment, and the number to be employed, the director	9411
or commission, as applicable, shall certify from the highest on	9412
the list double the number to be employed; from this number, the	9413
appointing officer shall appoint the number actually needed for	9414
the particular work. If more than one applicant receives the same	9415
rating, priority in time of application shall determine the order	9416
in which their names shall be certified for appointment.	9417

(C) A municipal or civil service township civil service	9418
commission may place volunteer firefighters who are paid on a	9419
fee-for-service basis in either the classified or the unclassified	9420
civil service.	9421

(D) This division does not apply to persons in the	9422
unclassified service who have the right to resume positions in the	9423
classified service under sections 4121.121, 5119.071, 5120.38,	9424
5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised	9425
Code.	9426

An appointing authority whose employees are paid directly by	9427
warrant of the director of budget and management may appoint a	9428
person who holds a certified position in the classified service	9429
within the appointing authority's agency to a position in the	9430
unclassified service within that agency. A person appointed	9431
pursuant to this division to a position in the unclassified	9432
service shall retain the right to resume the position and status	9433
held by the person in the classified service immediately prior to	9434
the person's appointment to the position in the unclassified	9435
service, regardless of the number of positions the person held in	9436
the unclassified service. An employee's right to resume a position	9437
in the classified service may only be exercised when an appointing	9438
authority demotes the employee to a pay range lower than the	9439
employee's current pay range or revokes the employee's appointment	9440
to the unclassified service. An employee forfeits the right to	9441
resume a position in the classified service when the employee is	9442
removed from the position in the unclassified service due to	9443
incompetence, inefficiency, dishonesty, drunkenness, immoral	9444
conduct, insubordination, discourteous treatment of the public,	9445
neglect of duty, violation of this chapter or the rules of the	9446
director of administrative services, any other failure of good	9447
behavior, any other acts of misfeasance, malfeasance, or	9448
nonfeasance in office, or conviction of a felony. An employee also	9449
forfeits the right to resume a position in the classified service	9450
upon transfer to a different agency.	9451

Reinstatement to a position in the classified service shall	9452
be to a position substantially equal to that position in the	9453
classified service held previously, as certified by the director	9454
of administrative services. If the position the person previously	9455
held in the classified service has been placed in the unclassified	9456
service or is otherwise unavailable, the person shall be appointed	9457
to a position in the classified service within the appointing	9458
authority's agency that the director of administrative services	9459
certifies is comparable in compensation to the position the person	9460
previously held in the classified service. Service in the position	9461
in the unclassified service shall be counted as service in the	9462
position in the classified service held by the person immediately	9463
prior to the person's appointment to the position in the	9464
unclassified service. When a person is reinstated to a position in	9465
the classified service as provided in this division, the person is	9466
entitled to all rights, status, and benefits accruing to the	9467
position in the classified service during the person's time of	9468
service in the position in the unclassified service.	9469

Sec. 124.14. (A)(1) The director of administrative services	9470
shall establish, and may modify or rescind, ~~by rule,~~ a job	9471
classification plan for all positions, offices, and employments	9472
the salaries of which are paid in whole or in part by the state.	9473
The director shall group jobs within a classification so that the	9474
positions are similar enough in duties and responsibilities to be	9475
described by the same title, to have the same pay assigned with	9476
equity, and to have the same qualifications for selection applied.	9477
The director shall~~, by rule,~~ assign a classification title to each	9478
classification within the classification plan. However, the	9479
director shall consider in establishing classifications, including	9480
classifications with parenthetical titles, and assigning pay	9481
ranges such factors as duties performed only on one shift, special	9482
skills in short supply in the labor market, recruitment problems,	9483
separation rates, comparative salary rates, the amount of training	9484
required, and other conditions affecting employment. The director	9485
shall describe the duties and responsibilities of the class,	9486
establish the qualifications for being employed in each position	9487
in the class, and file with the secretary of state a copy of	9488
specifications for all of the classifications. The director shall	9489
file new, additional, or revised specifications with the secretary	9490
of state before they are used.	9491

The director shall~~, by rule,~~ assign each classification,	9492
either on a statewide basis or in particular counties or state	9493
institutions, to a pay range established under section 124.15 or	9494
section 124.152 of the Revised Code. The director may assign a	9495
classification to a pay range on a temporary basis for a period of	9496
six months. The director may establish~~, by rule adopted under~~	9497
~~Chapter 119. of the Revised Code,~~ experimental classification	9498
plans for some or all employees paid directly by warrant of the	9499
director of budget and management. ~~The rule~~An experimental	9500
classification plan shall include specifications for each	9501
classification within the plan and shall specifically address	9502
compensation ranges, and methods for advancing within the ranges,	9503
for the classifications, which may be assigned to pay ranges other	9504
than the pay ranges established under section 124.15 or 124.152 of	9505
the Revised Code.	9506

(2) The director of administrative services may reassign to a	9507
proper classification those positions that have been assigned to	9508
an improper classification. If the compensation of an employee in	9509
such a reassigned position exceeds the maximum rate of pay for the	9510
employee's new classification, the employee shall be placed in pay	9511
step X and shall not receive an increase in compensation until the	9512
maximum rate of pay for that classification exceeds the employee's	9513
compensation.	9514

(3) The director may reassign an exempt employee, as defined	9515
in section 124.152 of the Revised Code, to a bargaining unit	9516
classification if the director determines that the bargaining unit	9517
classification is the proper classification for that employee.	9518
Notwithstanding Chapter 4117. of the Revised Code or instruments	9519
and contracts negotiated under it, these placements are at the	9520
director's discretion.	9521

(4) The director shall~~, by rule,~~ assign related	9522
classifications, which form a career progression, to a	9523
classification series. The director shall~~, by rule,~~ assign each	9524
classification in the classification plan a five-digit number, the	9525
first four digits of which shall denote the classification series	9526
to which the classification is assigned. When a career progression	9527
encompasses more than ten classifications, the director shall~~, by~~	9528
~~rule,~~ identify the additional classifications belonging to a	9529
classification series. The additional classifications shall be	9530
part of the classification series, notwithstanding the fact that	9531
the first four digits of the number assigned to the additional	9532
classifications do not correspond to the first four digits of the	9533
numbers assigned to other classifications in the classification	9534
series.	9535

(5) The director may establish, modify, or rescind a	9536
classification plan for county agencies that elect not to use the	9537
services and facilities of a county personnel department. ~~The~~	9538
~~director shall establish any such classification plan by means of~~	9539
~~rules adopted under Chapter 119. of the Revised Code. The rules~~	9540
The classification plan shall include a methodology for the	9541
establishment of titles unique to county agencies, the use of	9542
state classification titles and classification specifications for	9543
common positions, the criteria for a county to meet in	9544
establishing its own classification plan, and the establishment of	9545
what constitutes a classification series for county agencies. The	9546
director may assess a county agency that chooses to use the	9547
classification plan a usage fee the director determines. All usage	9548
fees the department of administrative services receives shall be	9549
paid into the state treasury to the credit of the human resources	9550
fund created in section 124.07 of the Revised Code.	9551

(B) Division (A) of this section and sections 124.15 and	9552
124.152 of the Revised Code do not apply to the following persons,	9553
positions, offices, and employments:	9554

(1) Elected officials;

9555

(2) Legislative employees, employees of the legislative	9556
service commission, employees in the office of the governor,	9557
employees who are in the unclassified civil service and exempt	9558
from collective bargaining coverage in the office of the secretary	9559
of state, auditor of state, treasurer of state, and attorney	9560
general, and employees of the supreme court;	9561

(3) Employees of a county children services board that	9562
establishes compensation rates under section 5153.12 of the	9563
Revised Code;	9564

(4) Any position for which the authority to determine	9565
compensation is given by law to another individual or entity;	9566

(5) Employees of the bureau of workers' compensation whose	9567
compensation the administrator of workers' compensation	9568
establishes under division (B) of section 4121.121 of the Revised	9569
Code.	9570

(C) The director may employ a consulting agency to aid and	9571
assist the director in carrying out this section.	9572

(D)(1) When the director proposes to modify a classification	9573
or the assignment of classes to appropriate pay ranges, the	9574
director shall send written notice of the ~~proposed rule~~	9575
modification to the appointing authorities of the affected	9576
employees ~~thirty days before a hearing on the proposed rule. The~~,	9577
and the appointing authorities shall notify the affected employees	9578
regarding the ~~proposed rule~~modification thirty days before the	9579
modification occurs. The director also shall send those appointing	9580
authorities notice of any ~~final rule that is adopted~~modification	9581
within ten days after ~~adoption~~the modification.	9582

(2) When the director proposes to reclassify any employee so	9583
that the employee is adversely affected, the director shall give	9584
to the employee affected and to the employee's appointing	9585
authority a written notice setting forth the proposed new	9586
classification, pay range, and salary. Upon the request of any	9587
classified employee who is not serving in a probationary period,	9588
the director shall perform a job audit to review the	9589
classification of the employee's position to determine whether the	9590
position is properly classified. The director shall give to the	9591
employee affected and to the employee's appointing authority a	9592
written notice of the director's determination whether or not to	9593
reclassify the position or to reassign the employee to another	9594
classification. An employee or appointing authority desiring a	9595
hearing shall file a written request for the hearing with the	9596
state personnel board of review within thirty days after receiving	9597
the notice. The board shall set the matter for a hearing and	9598
notify the employee and appointing authority of the time and place	9599
of the hearing. The employee, the appointing authority, or any	9600
authorized representative of the employee who wishes to submit	9601
facts for the consideration of the board shall be afforded	9602
reasonable opportunity to do so. After the hearing, the board	9603
shall consider anew the reclassification and may order the	9604
reclassification of the employee and require the director to	9605
assign the employee to such appropriate classification as the	9606
facts and evidence warrant. As provided in division (A)(1) of	9607
section 124.03 of the Revised Code, the board may determine the	9608
most appropriate classification for the position of any employee	9609
coming before the board, with or without a job audit. The board	9610
shall disallow any reclassification or reassignment classification	9611
of any employee when it finds that changes have been made in the	9612
duties and responsibilities of any particular employee for	9613
political, religious, or other unjust reasons.	9614

(E)(1) Employees of each county department of job and family	9615
services shall be paid a salary or wage established by the board	9616
of county commissioners. The provisions of section 124.18 of the	9617
Revised Code concerning the standard work week apply to employees	9618
of county departments of job and family services. A board of	9619
county commissioners may do either of the following:	9620

(a) Notwithstanding any other section of the Revised Code,	9621
supplement the sick leave, vacation leave, personal leave, and	9622
other benefits of any employee of the county department of job and	9623
family services of that county, if the employee is eligible for	9624
the supplement under a written policy providing for the	9625
supplement;	9626

(b) Notwithstanding any other section of the Revised Code,	9627
establish alternative schedules of sick leave, vacation leave,	9628
personal leave, or other benefits for employees not inconsistent	9629
with the provisions of a collective bargaining agreement covering	9630
the affected employees.	9631

(2) Division (E)(1) of this section does not apply to	9632
employees for whom the state employment relations board	9633
establishes appropriate bargaining units pursuant to section	9634
4117.06 of the Revised Code, except in either of the following	9635
situations:	9636

(a) The employees for whom the state employment relations	9637
board establishes appropriate bargaining units elect no	9638
representative in a board-conducted representation election.	9639

(b) After the state employment relations board establishes	9640
appropriate bargaining units for such employees, all employee	9641
organizations withdraw from a representation election.	9642

(F)(1) Notwithstanding any contrary provision of sections	9643
124.01 to 124.64 of the Revised Code, the board of trustees of	9644
each state university or college, as defined in section 3345.12 of	9645
the Revised Code, shall carry out all matters of governance	9646
involving the officers and employees of the university or college,	9647
including, but not limited to, the powers, duties, and functions	9648
of the department of administrative services and the director of	9649
administrative services specified in this chapter. Officers and	9650
employees of a state university or college shall have the right of	9651
appeal to the state personnel board of review as provided in this	9652
chapter.	9653

(2) Each board of trustees shall adopt rules under section	9654
111.15 of the Revised Code to carry out the matters of governance	9655
described in division (F)(1) of this section. Until the board of	9656
trustees adopts those rules, a state university or college shall	9657
continue to operate pursuant to the applicable rules adopted by	9658
the director of administrative services under this chapter.	9659

(G)(1) Each board of county commissioners may, by a	9660
resolution adopted by a majority of its members, establish a	9661
county personnel department to exercise the powers, duties, and	9662
functions specified in division (G) of this section. As used in	9663
division (G) of this section, "county personnel department" means	9664
a county personnel department established by a board of county	9665
commissioners under division (G)(1) of this section.	9666

(2)(a) Each board of county commissioners, by a resolution	9667
adopted by a majority of its members, may designate the county	9668
personnel department of the county to exercise the powers, duties,	9669
and functions specified in sections 124.01 to 124.64 and Chapter	9670
325. of the Revised Code with regard to employees in the service	9671
of the county, except for the powers and duties of the state	9672
personnel board of review, which powers and duties shall not be	9673
construed as having been modified or diminished in any manner by	9674
division (G)(2) of this section, with respect to the employees for	9675
whom the board of county commissioners is the appointing authority	9676
or co-appointing authority.	9677

(b) Nothing in division (G)(2) of this section shall be	9678
construed to limit the right of any employee who possesses the	9679
right of appeal to the state personnel board of review to continue	9680
to possess that right of appeal.	9681

(c) Any board of county commissioners that has established a	9682
county personnel department may contract with the department of	9683
administrative services, another political subdivision, or an	9684
appropriate public or private entity to provide competitive	9685
testing services or other appropriate services.	9686

(3) After the county personnel department of a county has	9687
been established as described in division (G)(2) of this section,	9688
any elected official, board, agency, or other appointing authority	9689
of that county, upon written notification to the county personnel	9690
department, may elect to use the services and facilities of the	9691
county personnel department. Upon receipt of the notification by	9692
the county personnel department, the county personnel department	9693
shall exercise the powers, duties, and functions as described in	9694
division (G)(2) of this section with respect to the employees of	9695
that elected official, board, agency, or other appointing	9696
authority.	9697

(4) Each board of county commissioners, by a resolution	9698
adopted by a majority of its members, may disband the county	9699
personnel department.	9700

(5) Any elected official, board, agency, or appointing	9701
authority of a county may end its involvement with a county	9702
personnel department upon actual receipt by the department of a	9703
certified copy of the notification that contains the decision to	9704
no longer participate.	9705

(6) The director of administrative services may, by rule	9706
adopted in accordance with Chapter 119. of the Revised Code,	9707
prescribe criteria and procedures for the following:	9708

(a) A requirement that each county personnel department, in	9709
carrying out its duties, adhere to merit system principles with	9710
regard to employees of county departments of job and family	9711
services, child support enforcement agencies, and public child	9712
welfare agencies so that there is no threatened loss of federal	9713
funding for these agencies, and a requirement that the county be	9714
financially liable to the state for any loss of federal funds due	9715
to the action or inaction of the county personnel department. The	9716
costs associated with audits conducted to monitor compliance with	9717
division (G)(6)(a) of this section shall be reimbursed to the	9718
department of administrative services as determined by the	9719
director. All money the department receives for these audits shall	9720
be paid into the state treasury to the credit of the human	9721
resources fund created in section 124.07 of the Revised Code.	9722

(b) Authorization for the director of administrative services	9723
to conduct periodic audits and reviews of county personnel	9724
departments to guarantee the uniform application of the powers,	9725
duties, and functions exercised pursuant to division (G)(2)(a) of	9726
this section. The costs of the audits and reviews shall be	9727
reimbursed to the department of administrative services as	9728
determined by the director by the county for which the services	9729
are performed. All money the department receives shall be paid	9730
into the state treasury to the credit of the human resources fund	9731
created in section 124.07 of the Revised Code.	9732

(H) The director of administrative services shall establish	9733
the rate and method of compensation for all employees who are paid	9734
directly by warrant of the director of budget and management and	9735
who are serving in positions that the director of administrative	9736
services has determined impracticable to include in the state job	9737
classification plan. This division does not apply to elected	9738
officials, legislative employees, employees of the legislative	9739
service commission, employees who are in the unclassified civil	9740
service and exempt from collective bargaining coverage in the	9741
office of the secretary of state, auditor of state, treasurer of	9742
state, and attorney general, employees of the courts, employees of	9743
the bureau of workers' compensation whose compensation the	9744
administrator of workers' compensation establishes under division	9745
(B) of section 4121.121 of the Revised Code, or employees of an	9746
appointing authority authorized by law to fix the compensation of	9747
those employees.	9748

(I) The director shall set the rate of compensation for all	9749
intermittent, seasonal, temporary, emergency, and casual employees	9750
in the service of the state who are not considered public	9751
employees under section 4117.01 of the Revised Code. Those	9752
employees are not entitled to receive employee benefits. This rate	9753
of compensation shall be equitable in terms of the rate of	9754
employees serving in the same or similar classifications. This	9755
division does not apply to elected officials, legislative	9756
employees, employees of the legislative service commission,	9757
employees who are in the unclassified civil service and exempt	9758
from collective bargaining coverage in the office of the secretary	9759
of state, auditor of state, treasurer of state, and attorney	9760
general, employees of the courts, employees of the bureau of	9761
workers' compensation whose compensation the administrator	9762
establishes under division (B) of section 4121.121 of the Revised	9763
Code, or employees of an appointing authority authorized by law to	9764
fix the compensation of those employees.	9765

Sec. 124.141. The director of administrative services may	9766
establish~~, by rule adopted under Chapter 119. of the Revised Code,~~	9767
an appointment incentive program that allows an appointing	9768
authority to pay to an officer or employee described in division	9769
(A)(30) of section 124.11, division (B)(2) of section 124.14, or	9770
division (B) of section 126.32 of the Revised Code a salary and	9771
benefits package that differs from the salary and benefits	9772
otherwise provided by law for that officer or employee, provided	9773
that the appointment incentive program established by the director	9774
cannot include authority for an appointing authority to provide	9775
health care benefits to a covered officer or employee that are	9776
different from health care benefits otherwise provided by law for	9777
that officer or employee.	9778

Sec. 124.15. (A) Board and commission members appointed	9779
prior to July 1, 1991, shall be paid a salary or wage in	9780
accordance with the following schedules of rates:	9781

Schedule B	9782

Pay Ranges and Step Values	9783

Range		Step 1	Step 2	Step 3	Step 4	9784
23	Hourly	5.72	5.91	6.10	6.31	9785
	Annually	11897.60	12292.80	12688.00	13124.80	9786
Step 5	Step 6				9787
	Hourly	6.52	6.75			9788
	Annually	13561.60	14040.00			9789
Step 1	Step 2	Step 3	Step 4		9790
24	Hourly	6.00	6.20	6.41	6.63	9791
	Annually	12480.00	12896.00	13332.80	13790.40	9792
Step 5	Step 6				9793
	Hourly	6.87	7.10			9794
	Annually	14289.60	14768.00			9795
Step 1	Step 2	Step 3	Step 4		9796
25	Hourly	6.31	6.52	6.75	6.99	9797
	Annually	13124.80	13561.60	14040.00	14539.20	9798
Step 5	Step 6				9799
	Hourly	7.23	7.41			9800
	Annually	15038.40	15412.80			9801
Step 1	Step 2	Step 3	Step 4		9802
26	Hourly	6.63	6.87	7.10	7.32	9803
	Annually	13790.40	14289.60	14768.00	15225.60	9804
Step 5	Step 6				9805
	Hourly	7.53	7.77			9806
	Annually	15662.40	16161.60			9807
Step 1	Step 2	Step 3	Step 4		9808
27	Hourly	6.99	7.23	7.41	7.64	9809
	Annually	14534.20	15038.40	15412.80	15891.20	9810
Step 5	Step 6	Step 7			9811
	Hourly	7.88	8.15	8.46		9812
	Annually	16390.40	16952.00	17596.80		9813
Step 1	Step 2	Step 3	Step 4		9814
28	Hourly	7.41	7.64	7.88	8.15	9815
	Annually	15412.80	15891.20	16390.40	16952.00	9816
Step 5	Step 6	Step 7			9817
	Hourly	8.46	8.79	9.15		9818
	Annually	17596.80	18283.20	19032.00		9819
Step 1	Step 2	Step 3	Step 4		9820
29	Hourly	7.88	8.15	8.46	8.79	9821
	Annually	16390.40	16952.00	17596.80	18283.20	9822
Step 5	Step 6	Step 7			9823
	Hourly	9.15	9.58	10.01		9824
	Annually	19032.00	19926.40	20820.80		9825
Step 1	Step 2	Step 3	Step 4		9826
30	Hourly	8.46	8.79	9.15	9.58	9827
	Annually	17596.80	18283.20	19032.00	19926.40	9828
Step 5	Step 6	Step 7			9829
	Hourly	10.01	10.46	10.99		9830
	Annually	20820.80	21756.80	22859.20		9831
Step 1	Step 2	Step 3	Step 4		9832
31	Hourly	9.15	9.58	10.01	10.46	9833
	Annually	19032.00	19962.40	20820.80	21756.80	9834
Step 5	Step 6	Step 7			9835
	Hourly	10.99	11.52	12.09		9836
	Annually	22859.20	23961.60	25147.20		9837
Step 1	Step 2	Step 3	Step 4		9838
32	Hourly	10.01	10.46	10.99	11.52	9839
	Annually	20820.80	21756.80	22859.20	23961.60	9840
Step 5	Step 6	Step 7	Step 8		9841
	Hourly	12.09	12.68	13.29	13.94	9842
	Annually	25147.20	26374.40	27643.20	28995.20	9843
Step 1	Step 2	Step 3	Step 4		9844
33	Hourly	10.99	11.52	12.09	12.68	9845
	Annually	22859.20	23961.60	25147.20	26374.40	9846
Step 5	Step 6	Step 7	Step 8		9847
	Hourly	13.29	13.94	14.63	15.35	9848
	Annually	27643.20	28995.20	30430.40	31928.00	9849
Step 1	Step 2	Step 3	Step 4		9850
34	Hourly	12.09	12.68	13.29	13.94	9851
	Annually	25147.20	26374.40	27643.20	28995.20	9852
Step 5	Step 6	Step 7	Step 8		9853
	Hourly	14.63	15.35	16.11	16.91	9854
	Annually	30430.40	31928.00	33508.80	35172.80	9855
Step 1	Step 2	Step 3	Step 4		9856
35	Hourly	13.29	13.94	14.63	15.35	9857
	Annually	27643.20	28995.20	30430.40	31928.00	9858
Step 5	Step 6	Step 7	Step 8		9859
	Hourly	16.11	16.91	17.73	18.62	9860
	Annually	33508.80	35172.80	36878.40	38729.60	9861
Step 1	Step 2	Step 3	Step 4		9862
36	Hourly	14.63	15.35	16.11	16.91	9863
	Annually	30430.40	31928.00	33508.80	35172.80	9864
Step 5	Step 6	Step 7	Step 8		9865
	Hourly	17.73	18.62	19.54	20.51	9866
	Annually	36878.40	38729.60	40643.20	42660.80	9867

Schedule C	9868

Pay Range and Values	9869

Range		Minimum	Maximum	9870
41 Hourly		10.44	15.72	9871
	Annually	21715.20	32697.60	9872
42 Hourly		11.51	17.35	9873
	Annually	23940.80	36088.00	9874
43 Hourly		12.68	19.12	9875
	Annually	26374.40	39769.60	9876
44 Hourly		13.99	20.87	9877
	Annually	29099.20	43409.60	9878
45 Hourly		15.44	22.80	9879
	Annually	32115.20	47424.00	9880
46 Hourly		17.01	24.90	9881
	Annually	35380.80	51792.00	9882
47 Hourly		18.75	27.18	9883
	Annually	39000.00	56534.40	9884
48 Hourly		20.67	29.69	9885
	Annually	42993.60	61755.20	9886
49 Hourly		22.80	32.06	9887
	Annually	47424.00	66684.80	9888

(B) The pay schedule of all employees shall be on a biweekly	9889
basis, with amounts computed on an hourly basis.	9890

(C) Part-time employees shall be compensated on an hourly	9891
basis for time worked, at the rates shown in division (A) of this	9892
section or in section 124.152 of the Revised Code.	9893

(D) The salary and wage rates in division (A) of this section	9894
or in section 124.152 of the Revised Code represent base rates of	9895
compensation and may be augmented by the provisions of section	9896
124.181 of the Revised Code. In those cases where lodging, meals,	9897
laundry, or other personal services are furnished an employee in	9898
the service of the state, the actual costs or fair market value of	9899
the personal services shall be paid by the employee in such	9900
amounts and manner as determined by the director of administrative	9901
services and approved by the director of budget and management,	9902
and those personal services shall not be considered as a part of	9903
the employee's compensation. An appointing authority that appoints	9904
employees in the service of the state, with the approval of the	9905
director of administrative services and the director of budget and	9906
management, may establish payments to employees for uniforms,	9907
tools, equipment, and other requirements of the department and	9908
payments for the maintenance of them.	9909

The director of administrative services may review collective	9910
bargaining agreements entered into under Chapter 4117. of the	9911
Revised Code that cover employees in the service of the state and	9912
determine whether certain benefits or payments provided to the	9913
employees covered by those agreements should also be provided to	9914
employees in the service of the state who are exempt from	9915
collective bargaining coverage and are paid in accordance with	9916
section 124.152 of the Revised Code or are listed in division	9917
(B)(2) or (4) of section 124.14 of the Revised Code. On completing	9918
the review, the director of administrative services, with the	9919
approval of the director of budget and management, may provide to	9920
some or all of these employees any payment or benefit, except for	9921
salary, contained in such a collective bargaining agreement even	9922
if it is similar to a payment or benefit already provided by law	9923
to some or all of these employees. Any payment or benefit so	9924
provided shall not exceed the highest level for that payment or	9925
benefit specified in such a collective bargaining agreement. The	9926
director of administrative services shall not provide, and the	9927
director of budget and management shall not approve, any payment	9928
or benefit to such an employee under this division unless the	9929
payment or benefit is provided pursuant to a collective bargaining	9930
agreement to a state employee who is in a position with similar	9931
duties as, is supervised by, or is employed by the same appointing	9932
authority as, the employee to whom the benefit or payment is to be	9933
provided.	9934

As used in this division, "payment or benefit already	9935
provided by law" includes, but is not limited to, bereavement,	9936
personal, vacation, administrative, and sick leave, disability	9937
benefits, holiday pay, and pay supplements provided under the	9938
Revised Code, but does not include wages or salary.	9939

(E) New employees paid in accordance with schedule B of	9940
division (A) of this section or schedule E-1 of section 124.152 of	9941
the Revised Code shall be employed at the minimum rate established	9942
for the range unless otherwise provided. Employees with	9943
qualifications that are beyond the minimum normally required for	9944
the position and that are determined by the director to be	9945
exceptional may be employed in, or may be transferred or promoted	9946
to, a position at an advanced step of the range. Further, in time	9947
of a serious labor market condition when it is relatively	9948
impossible to recruit employees at the minimum rate for a	9949
particular classification, the entrance rate may be set at an	9950
advanced step in the range by the director of administrative	9951
services. This rate may be limited to geographical regions of the	9952
state. Appointments made to an advanced step under the provision	9953
regarding exceptional qualifications shall not affect the step	9954
assignment of employees already serving. However, anytime the	9955
hiring rate of an entire classification is advanced to a higher	9956
step, all incumbents of that classification being paid at a step	9957
lower than that being used for hiring, shall be advanced beginning	9958
at the start of the first pay period thereafter to the new hiring	9959
rate, and any time accrued at the lower step will be used to	9960
calculate advancement to a succeeding step. If the hiring rate of	9961
a classification is increased for only a geographical region of	9962
the state, only incumbents who work in that geographical region	9963
shall be advanced to a higher step. When an employee in the	9964
unclassified service changes from one state position to another or	9965
is appointed to a position in the classified service, or if an	9966
employee in the classified service is appointed to a position in	9967
the unclassified service, the employee's salary or wage in the new	9968
position shall be determined in the same manner as if the employee	9969
were an employee in the classified service. When an employee in	9970
the unclassified service who is not eligible for step increases is	9971
appointed to a classification in the classified service under	9972
which step increases are provided, future step increases shall be	9973
based on the date on which the employee last received a pay	9974
increase. If the employee has not received an increase during the	9975
previous year, the date of the appointment to the classified	9976
service shall be used to determine the employee's annual step	9977
advancement eligibility date. In reassigning any employee to a	9978
classification resulting in a pay range increase or to a new pay	9979
range as a result of a promotion, an increase pay range	9980
adjustment, or other classification change resulting in a pay	9981
range increase, the director shall assign such employee to the	9982
step in the new pay range that will provide an increase of	9983
approximately four per cent if the new pay range can accommodate	9984
the increase. When an employee is being assigned to a	9985
classification or new pay range as the result of a class plan	9986
change, if the employee has completed a probationary period, the	9987
employee shall be placed in a step no lower than step two of the	9988
new pay range. If the employee has not completed a probationary	9989
period, the employee may be placed in step one of the new pay	9990
range. Such new salary or wage shall become effective on such date	9991
as the director determines.	9992

(F) If employment conditions and the urgency of the work	9993
require such action, the director of administrative services may,	9994
upon the application of a department head, authorize payment at	9995
any rate established within the range for the class of work, for	9996
work of a casual or intermittent nature or on a project basis.	9997
Payment at such rates shall not be made to the same individual for	9998
more than three calendar months in any one calendar year. Any such	9999
action shall be subject to the approval of the director of budget	10000
and management as to the availability of funds. This section and	10001
sections 124.14 and 124.152 of the Revised Code do not repeal any	10002
authority of any department or public official to contract with or	10003
fix the compensation of professional persons who may be employed	10004
temporarily for work of a casual nature or for work on a project	10005
basis.	10006

(G)(1) Except as provided in divisions (G)(2) and (3) of this	10007
section, each state employee paid in accordance with schedule B of	10008
this section or schedule E-1 of section 124.152 of the Revised	10009
Code shall be eligible for advancement to succeeding steps in the	10010
range for the employee's class or grade according to the schedule	10011
established in this division. Beginning on the first day of the	10012
pay period within which the employee completes the prescribed	10013
probationary period in the employee's classification with the	10014
state, each employee shall receive an automatic salary adjustment	10015
equivalent to the next higher step within the pay range for the	10016
employee's class or grade.	10017

Except as provided in divisions (G)(2) and (3) of this	10018
section, each employee paid in accordance with schedule E-1 of	10019
section 124.152 of the Revised Code shall be eligible to advance	10020
to the next higher step until the employee reaches the top step in	10021
the range for the employee's class or grade, if the employee has	10022
maintained satisfactory performance in accordance with criteria	10023
established by the employee's appointing authority. Those step	10024
advancements shall not occur more frequently than once in any	10025
twelve-month period.	10026

When an employee is promoted, the step entry date shall be	10027
set to account for a probationary period. When an employee is	10028
reassigned to a higher pay range, the step entry date shall be set	10029
to allow an employee who is not at the highest step of the range	10030
to receive a step advancement one year from the reassignment date.	10031
Step advancement shall not be affected by demotion. A promoted	10032
employee shall advance to the next higher step of the pay range on	10033
the first day of the pay period in which the required probationary	10034
period is completed. Step advancement shall become effective at	10035
the beginning of the pay period within which the employee attains	10036
the necessary length of service. Time spent on authorized leave of	10037
absence shall be counted for this purpose.	10038

If determined to be in the best interest of the state	10039
service, the director of administrative services may, either	10040
statewide or in selected agencies, adjust the dates on which	10041
annual step advancements are received by employees paid in	10042
accordance with schedule E-1 of section 124.152 of the Revised	10043
Code.	10044

(2)(a) There shall be a moratorium on annual step	10045
advancements under division (G)(1) of this section beginning June	10046
21, 2009, through June 20, 2011. Step advancements shall resume	10047
with the pay period beginning June 21, 2011. Upon the resumption	10048
of step advancements, there shall be no retroactive step	10049
advancements for the period the moratorium was in effect. The	10050
moratorium shall not affect an employee's performance evaluation	10051
schedule.	10052

An employee who begins a probationary period before June 21,	10053
2009, shall advance to the next step in the employee's pay range	10054
at the end of probation, and then become subject to the	10055
moratorium. An employee who is hired, promoted, or reassigned to a	10056
higher pay range between June 21, 2009, through June 20, 2011,	10057
shall not advance to the next step in the employee's pay range	10058
until the next anniversary of the employee's date of hire,	10059
promotion, or reassignment that occurs on or after June 21, 2011.	10060

(b) The moratorium under division (G)(2)(a) of this section	10061
shall apply to the employees of the secretary of state, the	10062
auditor of state, the treasurer of state, and the attorney	10063
general, who are subject to this section unless the secretary of	10064
state, the auditor of state, the treasurer of state, or the	10065
attorney general decides to exempt the office's employees from the	10066
moratorium and so notifies the director of administrative services	10067
in writing on or before July 1, 2009.	10068

(3) Employees in intermittent positions shall be employed at	10069
the minimum rate established for the pay range for their	10070
classification and are not eligible for step advancements.	10071

(H) Employees in appointive managerial or professional	10072
positions paid in accordance with schedule C of this section or	10073
schedule E-2 of section 124.152 of the Revised Code may be	10074
appointed at any rate within the appropriate pay range. This rate	10075
of pay may be adjusted higher or lower within the respective pay	10076
range at any time the appointing authority so desires as long as	10077
the adjustment is based on the employee's ability to successfully	10078
administer those duties assigned to the employee. Salary	10079
adjustments shall not be made more frequently than once in any	10080
six-month period under this provision to incumbents holding the	10081
same position and classification.	10082

(I) When an employee is assigned to duty outside this state,	10083
the employee may be compensated, upon request of the department	10084
head and with the approval of the director of administrative	10085
services, at a rate not to exceed fifty per cent in excess of the	10086
employee's current base rate for the period of time spent on that	10087
duty.	10088

(J) Unless compensation for members of a board or commission	10089
is otherwise specifically provided by law, the director of	10090
administrative services shall establish the rate and method of	10091
payment for members of boards and commissions pursuant to the pay	10092
schedules listed in section 124.152 of the Revised Code.	10093

(K) Regular full-time employees in positions assigned to	10094
classes within the instruction and education administration series	10095
~~under the rules of~~by the director of administrative services,	10096
except certificated employees on the instructional staff of the	10097
state school for the blind or the state school for the deaf, whose	10098
positions are scheduled to work on the basis of an academic year	10099
rather than a full calendar year, shall be paid according to the	10100
pay range assigned by ~~such rules~~the director, but only during	10101
those pay periods included in the academic year of the school	10102
where the employee is located.	10103

(1) Part-time or substitute teachers or those whose period of	10104
employment is other than the full academic year shall be	10105
compensated for the actual time worked at the rate established by	10106
this section.	10107

(2) Employees governed by this division are exempt from	10108
sections 124.13 and 124.19 of the Revised Code.	10109

(3) Length of service for the purpose of determining	10110
eligibility for step advancements as provided by division (G) of	10111
this section and for the purpose of determining eligibility for	10112
longevity pay supplements as provided by division (E) of section	10113
124.181 of the Revised Code shall be computed on the basis of one	10114
full year of service for the completion of each academic year.	10115

(L) The superintendent of the state school for the deaf and	10116
the superintendent of the state school for the blind shall,	10117
subject to the approval of the superintendent of public	10118
instruction, carry out both of the following:	10119

(1) Annually, between the first day of April and the last day	10120
of June, establish for the ensuing fiscal year a schedule of	10121
hourly rates for the compensation of each certificated employee on	10122
the instructional staff of that superintendent's respective school	10123
constructed as follows:	10124

(a) Determine for each level of training, experience, and	10125
other professional qualification for which an hourly rate is set	10126
forth in the current schedule, the per cent that rate is of the	10127
rate set forth in such schedule for a teacher with a bachelor's	10128
degree and no experience. If there is more than one such rate for	10129
such a teacher, the lowest rate shall be used to make the	10130
computation.	10131

(b) Determine which six city, local, and exempted village	10132
school districts with territory in Franklin county have in effect	10133
on, or have adopted by, the first day of April for the school year	10134
that begins on the ensuing first day of July, teacher salary	10135
schedules with the highest minimum salaries for a teacher with a	10136
bachelor's degree and no experience;	10137

(c) Divide the sum of such six highest minimum salaries by	10138
ten thousand five hundred sixty;	10139

(d) Multiply each per cent determined in division (L)(1)(a)	10140
of this section by the quotient obtained in division (L)(1)(c) of	10141
this section;	10142

(e) One hundred five per cent of each product thus obtained	10143
shall be the hourly rate for the corresponding level of training,	10144
experience, or other professional qualification in the schedule	10145
for the ensuing fiscal year.	10146

(2) Annually, assign each certificated employee on the	10147
instructional staff of the superintendent's respective school to	10148
an hourly rate on the schedule that is commensurate with the	10149
employee's training, experience, and other professional	10150
qualifications.	10151

If an employee is employed on the basis of an academic year,	10152
the employee's annual salary shall be calculated by multiplying	10153
the employee's assigned hourly rate times one thousand seven	10154
hundred sixty. If an employee is not employed on the basis of an	10155
academic year, the employee's annual salary shall be calculated in	10156
accordance with the following formula:	10157

(a) Multiply the number of days the employee is required to	10158
work pursuant to the employee's contract by eight;	10159

(b) Multiply the product of division (L)(2)(a) of this	10160
section by the employee's assigned hourly rate.	10161

Each employee shall be paid an annual salary in biweekly	10162
installments. The amount of each installment shall be calculated	10163
by dividing the employee's annual salary by the number of biweekly	10164
installments to be paid during the year.	10165

Sections 124.13 and 124.19 of the Revised Code do not apply	10166
to an employee who is paid under this division.	10167

As used in this division, "academic year" means the number of	10168
days in each school year that the schools are required to be open	10169
for instruction with pupils in attendance. Upon completing an	10170
academic year, an employee paid under this division shall be	10171
deemed to have completed one year of service. An employee paid	10172
under this division is eligible to receive a pay supplement under	10173
division (L)(1), (2), or (3) of section 124.181 of the Revised	10174
Code for which the employee qualifies, but is not eligible to	10175
receive a pay supplement under division (L)(4) or (5) of that	10176
section. An employee paid under this division is eligible to	10177
receive a pay supplement under division (L)(6) of section 124.181	10178
of the Revised Code for which the employee qualifies, except that	10179
the supplement is not limited to a maximum of five per cent of the	10180
employee's regular base salary in a calendar year.	10181

(M) Division (A) of this section does not apply to "exempt	10182
employees," as defined in section 124.152 of the Revised Code, who	10183
are paid under that section.	10184

Notwithstanding any other provisions of this chapter, when an	10185
employee transfers between bargaining units or transfers out of or	10186
into a bargaining unit, the director of administrative services	10187
shall establish the employee's compensation and adjust the maximum	10188
leave accrual schedule as the director deems equitable.	10189

Sec. 124.23. (A) All applicants for positions and places in	10190
the classified service shall be subject to examination, except for	10191
applicants for positions as professional or certified service and	10192
paraprofessional employees of county boards of developmental	10193
disabilities, who shall be hired in the manner provided in section	10194
124.241 of the Revised Code.	10195

(B) Any examination administered under this section shall be	10196
public and be open to all citizens of the United States and those	10197
persons who have legally declared their intentions of becoming	10198
United States citizens. For examinations administered for	10199
positions in the service of the state, the director of	10200
administrative services or the director's designee may determine	10201
certain limitations as to citizenship, age, experience, education,	10202
health, habit, and moral character.	10203

(C) Any person who has completed service in the uniformed	10204
services, who has been honorably discharged from the uniformed	10205
services or transferred to the reserve with evidence of	10206
satisfactory service, and who is a resident of this state and any	10207
member of the national guard or a reserve component of the armed	10208
forces of the United States who has completed more than one	10209
hundred eighty days of active duty service pursuant to an	10210
executive order of the president of the United States or an act of	10211
the congress of the United States may file with the director a	10212
certificate of service or honorable discharge, and, upon this	10213
filing, the person shall receive additional credit of twenty per	10214
cent of the person's total grade given in the ~~regular~~ examination	10215
in which the person receives a passing grade.	10216

As used in this division, "service in the uniformed services"	10217
and "uniformed services" have the same meanings as in the	10218
"Uniformed Services Employment and Reemployment Rights Act of	10219
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	10220

(D) An examination may include an evaluation of such factors	10221
as education, training, capacity, knowledge, manual dexterity, and	10222
physical or psychological fitness. An examination shall consist of	10223
one or more tests in any combination. Tests may be written, oral,	10224
physical, demonstration of skill, or an evaluation of training and	10225
experiences and shall be designed to fairly test the relative	10226
capacity of the persons examined to discharge the particular	10227
duties of the position for which appointment is sought. Tests may	10228
include structured interviews, assessment centers, work	10229
simulations, examinations of knowledge, skills, and abilities, and	10230
any other acceptable testing methods. If minimum or maximum	10231
requirements are established for any examination, they shall be	10232
specified in the examination announcement.	10233

(E) Except as otherwise provided in sections 124.01 to 124.64	10234
of the Revised Code, when a position in the classified service of	10235
the state is to be filled, an examination shall be administered.	10236
The director of administrative services shall have control of all	10237
examinations administered for positions in the service of the	10238
state and all other examinations the director administers as	10239
provided in section 124.07 of the Revised Code, except as	10240
otherwise provided in sections 124.01 to 124.64 of the Revised	10241
Code. The director shall, by rule adopted under Chapter 119. of	10242
the Revised Code, prescribe the notification method that is to be	10243
used by an appointing authority to notify the director that a	10244
position in the classified service of the state is to be filled.	10245
In addition to the positions described in section 124.30 of the	10246
Revised Code, the director may, with sufficient justification from	10247
the appointing authority, allow the appointing authority to fill	10248
the position by noncompetitive examination. The director shall	10249
establish, by rule adopted under Chapter 119. of the Revised Code,	10250
standards that the director shall use to determine what serves as	10251
sufficient justification from an appointing authority to fill a	10252
position by noncompetitive examination.	10253

(F) No questions in any examination shall relate to political	10254
or religious opinions or affiliations. No credit for seniority,	10255
efficiency, or any other reason shall be added to an applicant's	10256
examination grade unless the applicant achieves at least the	10257
minimum passing grade on the examination without counting that	10258
extra credit.	10259

(G) Except as otherwise provided in sections 124.01 to 124.64	10260
of the Revised Code, the director of administrative services or	10261
the director's designee shall give reasonable notice of the time,	10262
place, and general scope of every competitive examination for	10263
appointment that the director or the director's designee	10264
administers for positions in the classified service of the state.	10265
The director or the director's designee shall ~~send written,~~	10266
~~printed, or electronic~~post notices via electronic media of every	10267
examination to be conducted for positions in the classified civil	10268
service of the state ~~to each agency of the type the director of~~	10269
~~job and family services specifies and, in the case of a county in~~	10270
~~which no such agency is located, to the clerk of the court of~~	10271
~~common pleas of that county and to the clerk of each city located~~	10272
~~within that county. Those notices shall be posted in conspicuous~~	10273
~~public places in the designated agencies or the courthouse, and~~	10274
~~city hall of the cities, of the counties in which no designated~~	10275
~~agency is located for at least two weeks~~. The electronic notice	10276
shall be posted on the director's internet site on the world wide	10277
web for a minimum of one week preceding any examination involved,	10278
~~and in a conspicuous place in the office of the director of~~	10279
~~administrative services for at least two weeks preceding any~~	10280
~~examination involved. In case of examinations limited by the~~	10281
~~director to a district, county, city, or department, the director~~	10282
~~shall provide by rule for adequate publicity of an examination in~~	10283
~~the district, county, city, or department within which competition~~	10284
~~is permitted~~.	10285

Sec. 124.231. (A) As used in this section, "legally blind	10286
person" means any person who qualifies as being blind under any	10287
Ohio or federal statute, or any rule adopted thereunder. As used	10288
in this section, "legally deaf person" means any person who	10289
qualifies as being deaf under any Ohio or federal statute, or any	10290
rule adopted thereunder.	10291

(B) ~~The~~When an examination is to be administered under	10292
sections 124.01 to 124.64 of the Revised Code, the director of	10293
administrative services or the director's designee shall whenever	10294
practicable arrange for special examinations to be administered to	10295
legally blind or legally deaf persons applying for ~~original~~	10296
~~appointments~~positions in the classified service to ensure that	10297
the abilities of such applicants are properly assessed and that	10298
such applicants are not subject to discrimination because they are	10299
legally blind or legally deaf persons.	10300

~~(C) The director may administer equitable programs for the~~	10301
~~employment of legally blind persons and legally deaf persons in~~	10302
~~the classified service.~~	10303

~~Nothing in this section shall be construed to prohibit the~~	10304
~~appointment of a legally blind or legally deaf person to a~~	10305
~~position in the classified service under the procedures otherwise~~	10306
~~provided in this chapter.~~	10307

Sec. 124.24. (A) Notwithstanding sections 124.01 to 124.64	10308
and Chapter 145. of the Revised Code, the examinations of	10309
applicants for the positions of deputy mine inspector,	10310
superintendent of rescue stations, assistant superintendent of	10311
rescue stations, electrical inspectors, ~~gas storage well~~	10312
~~inspector,~~ and mine chemists in the division of mineral resources	10313
management, department of natural resources, as provided in	10314
Chapters 1561., 1563., 1565., and 1567. of the Revised Code shall	10315
be provided for, conducted, and administered by the chief of the	10316
division of mineral resources management.	10317

From the returns of the examinations the chief shall prepare	10318
eligible lists of the persons whose general average standing upon	10319
examinations for such grade or class is not less than the minimum	10320
fixed by rules adopted under section 1561.05 of the Revised Code	10321
and who are otherwise eligible. All appointments to a position	10322
shall be made from ~~such~~that eligible list in the same manner as	10323
appointments are made from eligible lists prepared by the director	10324
of administrative services. Any person upon being appointed to	10325
fill one of the positions provided for in this ~~section~~division,	10326
from any such eligible list, shall have the same standing, rights,	10327
privileges, and status as other state employees in the classified	10328
service.	10329

(B) Notwithstanding sections 124.01 to 124.64 and Chapter	10330
145. of the Revised Code, the examinations of applicants for the	10331
position of gas storage well inspector in the division of oil and	10332
gas resources management, department of natural resources, as	10333
provided in Chapter 1571. of the Revised Code shall be provided	10334
for, conducted, and administered by the chief of the division of	10335
oil and gas resources management.	10336

From the returns of the examinations, the chief shall prepare	10337
an eligible list of the persons whose general average standing	10338
upon examinations for that position is not less than the minimum	10339
fixed by rules adopted under section 1571.014 of the Revised Code	10340
and who are otherwise eligible. An appointment to the position	10341
shall be made from that eligible list in the same manner as	10342
appointments are made from eligible lists prepared by the director	10343
of administrative services. Any person, upon being appointed to	10344
fill the position provided for in this division from any such	10345
eligible list, shall have the same standing, rights, privileges,	10346
and status as other state employees in the classified service.	10347

Sec. 124.25. The director of administrative services shall	10348
require persons applying for an examination for original	10349
appointment to file with the director or the director's designee,	10350
within reasonable time prior to the examination, a formal	10351
application, in which the applicant shall state the applicant's	10352
name, address, and such other information as may reasonably be	10353
required concerning the applicant's education and experience. No	10354
inquiry shall be made as to religious or political affiliations or	10355
as to racial or ethnic origin of the applicant, except as	10356
necessary to gather equal employment opportunity or other	10357
statistics that, when compiled, will not identify any specific	10358
individual.	10359

Blank forms for applications shall be furnished by the	10360
director or the director's designee without charge to any person	10361
requesting the same. The director or the director's designee may	10362
require in connection with such application such certificate of	10363
persons having knowledge of the applicant as the good of the	10364
service demands. The director or the director's designee may	10365
refuse to appoint or examine an applicant, or, after an	10366
examination, refuse to certify the applicant as eligible, who is	10367
found to lack any of the established preliminary requirements for	10368
the examination, who is addicted to the habitual use of	10369
intoxicating liquors or drugs to excess, who has a pattern of poor	10370
work habits and performance with previous employers, who has been	10371
convicted of a felony, who has been guilty of infamous or	10372
notoriously disgraceful conduct, who has been dismissed from	10373
either branch of the civil service for delinquency or misconduct,	10374
or who has made false statements of any material fact, or	10375
practiced, or attempted to practice, any deception or fraud in the	10376
application or examination, in establishing eligibility, or	10377
securing an appointment.	10378

Sec. 124.26. From the returns of the examinations, the	10379
director of administrative services or the director's designee	10380
shall prepare an eligible list of the persons whose general	10381
average standing upon examinations for the ~~grade or~~ class or	10382
position is not less than the minimum fixed by the rules of the	10383
director, and who are otherwise eligible. Those persons shall take	10384
rank upon the eligible list as candidates in the order of their	10385
relative excellence as determined by the examination without	10386
reference to priority of the time of examination. If two or more	10387
applicants receive the same mark in an open competitive	10388
examination, priority in the time of filing the application with	10389
the director or the director's designee shall determine the order	10390
in which their names shall be placed on the eligible list, except	10391
that applicants eligible for veteran's preference under section	10392
124.23 of the Revised Code shall receive priority in rank on the	10393
eligible list over nonveterans on the list with a rating equal to	10394
that of the veteran. Ties among veterans shall be decided by	10395
priority of filing the application. ~~If two or more applicants~~	10396
~~receive the same mark on a promotional examination, seniority~~	10397
~~shall determine the order in which their names shall be placed on~~	10398
~~the eligible list. The term of eligibility of each list shall be~~	10399
~~fixed by the director at not less than one or more than two years.~~	10400

~~When an eligible list is reduced to ten names or less, a new~~	10401
~~list may be prepared. The director may consolidate two or more~~	10402
~~eligible lists of the same kind by the rearranging of eligibles~~	10403
~~named in the lists, according to their grades~~. An eligible list	10404
expires upon the filling or closing of the position. An expired	10405
eligible list may be used to fill a position of the same	10406
classification within the same appointing authority for which the	10407
list was created. But, in no event shall an expired list be used	10408
more than one year past its expiration date.	10409

Sec. 124.27. (A) ~~The head of a department, office, or~~	10410
~~institution, in which a position in the classified service is to~~	10411
~~be filled, shall notify the director of administrative services of~~	10412
~~the fact, and the director shall, except as otherwise provided in~~	10413
~~this section and sections 124.30 and 124.31 of the Revised Code,~~	10414
~~certify to the appointing authority the names and addresses of the~~	10415
~~ten candidates standing highest on the eligible list for the class~~	10416
~~or grade to which the position belongs, except that the director~~	10417
~~may certify less than ten names if ten names are not available.~~	10418
~~When less than ten names are certified to an appointing authority,~~	10419
~~appointment from that list shall not be mandatory. When a position~~	10420
~~in the classified service in the department of mental health or~~	10421
~~the department of developmental disabilities is to be filled, the~~	10422
~~director of administrative services shall make such certification~~	10423
~~to the appointing authority within seven working days of the date~~	10424
~~the eligible list is requested.~~	10425

~~(B) The appointing authority shall notify the director of a~~	10426
~~position in the classified service to be filled, and the~~	10427
~~appointing authority shall fill the vacant position by appointment~~	10428
~~of one of the ten persons certified by the director. If more than~~	10429
~~one position is to be filled, the director may certify a group of~~	10430
~~names from the eligible list, and the appointing authority shall~~	10431
~~appoint in the following manner: beginning at the top of the list,~~	10432
~~each time a selection is made, it must be from one of the first~~	10433
~~ten candidates remaining on the list who is willing to accept~~	10434
~~consideration for the position. If an eligible list becomes~~	10435
~~exhausted, and until a new list can be created, or when no~~	10436
~~eligible list for a position exists, names may be certified from~~	10437
~~eligible lists most appropriate for the group or class in which~~	10438
~~the position to be filled is classified. A person who is certified~~	10439
~~from an eligible list more than three times to the same appointing~~	10440
~~authority for the same or similar positions may be omitted from~~	10441
~~future certification to that appointing authority, provided that~~	10442
~~certification for a temporary appointment shall not be counted as~~	10443
~~one of those certifications. Every person who qualifies for~~	10444
~~veteran's preference under section 124.23 of the Revised Code, who~~	10445
~~is a resident of this state, and whose name is on the eligible~~	10446
~~list for a position shall be entitled to preference in original~~	10447
~~appointments to any such competitive position in the civil service~~	10448
~~of the state and its civil divisions over all other persons~~	10449
~~eligible for those appointments and standing on the relevant~~	10450
~~eligible list with a rating equal to that of the person qualifying~~	10451
~~for veteran's preference.~~ Appointments to all positions in the	10452
classified service, that are not filled by promotion, transfer, or	10453
reduction, as provided in sections 124.01 to 124.64 of the Revised	10454
Code and the rules of the director prescribed under those	10455
sections, shall be made only from those persons whose names ~~are~~	10456
~~certified to the appointing authority~~take rank order on an	10457
eligible list, and no employment, except as provided in those	10458
sections, shall be otherwise given in the classified service of	10459
this state or any political subdivision of the state. The	10460
appointing authority shall appoint in the following manner: each	10461
time a selection is made, it shall be from one of the names that	10462
ranks in the top twenty-five per cent of the eligible list. But,	10463
in the event that ten or fewer names are on the eligible list, the	10464
appointing authority may select any of the listed candidates. Each	10465
person who qualifies for the veteran's preference under section	10466
124.23 of the Revised Code, who is a resident of this state, and	10467
whose name is on the eligible list for a position is entitled to	10468
preference in original appointment to any such competitive	10469
position in the civil service of the state and its civil divisions	10470
over all other persons who are eligible for those appointments and	10471
who are standing on the relevant eligible list with a rating equal	10472
to that of the person qualifying for the veteran's preference.	10473

~~(C)~~(B) All original and promotional appointments, including	10474
appointments made pursuant to section 124.30 of the Revised Code,	10475
but not intermittent appointments, shall be for a probationary	10476
period, not less than sixty days nor more than one year, to be	10477
fixed by the rules of the director, except as provided in section	10478
124.231 of the Revised Code, and except for original appointments	10479
to a police department as a police officer or to a fire department	10480
as a firefighter which shall be for a probationary period of one	10481
year. No appointment or promotion is final until the appointee has	10482
satisfactorily served the probationary period. If the service of	10483
the probationary employee is unsatisfactory, the employee may be	10484
removed or reduced at any time during the probationary period. If	10485
the appointing authority decides to remove a probationary employee	10486
in the service of the state, the appointing authority shall	10487
communicate the removal to the director ~~the reason for that~~	10488
~~decision~~. A probationary employee duly removed or reduced in	10489
position for unsatisfactory service does not have the right to	10490
appeal the removal or reduction under section 124.34 of the	10491
Revised Code.	10492

Sec. 124.31. ~~(A)~~ Vacancies in positions in the classified	10493
service of the state shall be filled insofar as practicable by	10494
promotions. The director of administrative services shall provide	10495
in the director's rules for keeping a record of efficiency for	10496
each employee in the classified civil service of the state, and	10497
for making promotions in the classified civil service of the state	10498
on the basis of merit~~, to be ascertained insofar as practicable by~~	10499
~~promotional examinations,~~and by conduct and capacity in office,	10500
~~and by seniority in service. The director shall provide that~~	10501
~~vacancies in positions in the classified civil service of the~~	10502
~~state shall be filled by promotion in all cases where, in the~~	10503
~~judgment of the director, it is for the best interest of the~~	10504
~~service. The director's rules shall authorize each appointing~~	10505
~~authority of a county to develop and administer in a manner it~~	10506
~~devises, an evaluation system for the employees it appoints.~~	10507

~~(B) All examinations for promotions shall be competitive and~~	10508
~~may be conducted in the same manner as examinations described in~~	10509
~~section 124.23 of the Revised Code. In promotional examinations,~~	10510
~~seniority in service shall be added to the examination grade, but~~	10511
~~no credit for seniority or any other reason shall be added to an~~	10512
~~examination grade unless the applicant achieves at least the~~	10513
~~minimum passing score on the examination without counting that~~	10514
~~extra credit. Credit for seniority shall equal, for the first four~~	10515
~~years of service, one per cent of the total grade attainable in~~	10516
~~the promotion examination, and, for each of the fifth through~~	10517
~~fourteenth years of service, six-tenths per cent of the total~~	10518
~~grade attainable.~~	10519

~~In all cases where vacancies are to be filled by promotion,~~	10520
~~the director shall certify to the appointing authority the names~~	10521
~~of the three persons having the highest rating on the eligible~~	10522
~~list. The method of examination for promotions, the manner of~~	10523
~~giving notice of the examination, and the rules governing it shall~~	10524
~~be in general the same as those provided for original~~	10525
~~examinations, except as otherwise provided in sections 124.01 to~~	10526
~~124.64 of the Revised Code~~.	10527

Sec. 124.34. (A) The tenure of every officer or employee in	10528
the classified service of the state and the counties, civil	10529
service townships, cities, city health districts, general health	10530
districts, and city school districts of the state, holding a	10531
position under this chapter, shall be during good behavior and	10532
efficient service. No officer or employee shall be reduced in pay	10533
or position, fined, suspended, or removed, or have the officer's	10534
or employee's longevity reduced or eliminated, except as provided	10535
in section 124.32 of the Revised Code, and for incompetency,	10536
inefficiency, dishonesty, drunkenness, immoral conduct,	10537
insubordination, discourteous treatment of the public, neglect of	10538
duty, violation of any policy or work rule of the officer's or	10539
employee's appointing authority, violation of this chapter or the	10540
rules of the director of administrative services or the	10541
commission, any other failure of good behavior, any other acts of	10542
misfeasance, malfeasance, or nonfeasance in office, or conviction	10543
of a felony. The denial of a one-time pay supplement or a bonus to	10544
an officer or employee is not a reduction in pay for purposes of	10545
this section.	10546

This section does not apply to any modifications or	10547
reductions in pay or work week authorized by division (Q) of	10548
section 124.181 or section 124.392 or, 124.393, or 124.394 of the	10549
Revised Code.	10550

An appointing authority may require an employee who is	10551
suspended to report to work to serve the suspension. An employee	10552
serving a suspension in this manner shall continue to be	10553
compensated at the employee's regular rate of pay for hours	10554
worked. The disciplinary action shall be recorded in the	10555
employee's personnel file in the same manner as other disciplinary	10556
actions and has the same effect as a suspension without pay for	10557
the purpose of recording disciplinary actions.	10558

A finding by the appropriate ethics commission, based upon a	10559
preponderance of the evidence, that the facts alleged in a	10560
complaint under section 102.06 of the Revised Code constitute a	10561
violation of Chapter 102., section 2921.42, or section 2921.43 of	10562
the Revised Code may constitute grounds for dismissal. Failure to	10563
file a statement or falsely filing a statement required by section	10564
102.02 of the Revised Code may also constitute grounds for	10565
dismissal. The tenure of an employee in the career professional	10566
service of the department of transportation is subject to section	10567
5501.20 of the Revised Code.	10568

Conviction of a felony is a separate basis for reducing in	10569
pay or position, suspending, or removing an officer or employee,	10570
even if the officer or employee has already been reduced in pay or	10571
position, suspended, or removed for the same conduct that is the	10572
basis of the felony. An officer or employee may not appeal to the	10573
state personnel board of review or the commission any disciplinary	10574
action taken by an appointing authority as a result of the	10575
officer's or employee's conviction of a felony. If an officer or	10576
employee removed under this section is reinstated as a result of	10577
an appeal of the removal, any conviction of a felony that occurs	10578
during the pendency of the appeal is a basis for further	10579
disciplinary action under this section upon the officer's or	10580
employee's reinstatement.	10581

A person convicted of a felony immediately forfeits the	10582
person's status as a classified employee in any public employment	10583
on and after the date of the conviction for the felony. If an	10584
officer or employee is removed under this section as a result of	10585
being convicted of a felony or is subsequently convicted of a	10586
felony that involves the same conduct that was the basis for the	10587
removal, the officer or employee is barred from receiving any	10588
compensation after the removal notwithstanding any modification or	10589
disaffirmance of the removal, unless the conviction for the felony	10590
is subsequently reversed or annulled.	10591

Any person removed for conviction of a felony is entitled to	10592
a cash payment for any accrued but unused sick, personal, and	10593
vacation leave as authorized by law. If subsequently reemployed in	10594
the public sector, the person shall qualify for and accrue these	10595
forms of leave in the manner specified by law for a newly	10596
appointed employee and shall not be credited with prior public	10597
service for the purpose of receiving these forms of leave.	10598

As used in this division, "felony" means any of the	10599
following:	10600

(1) A felony that is an offense of violence as defined in	10601
section 2901.01 of the Revised Code;	10602

(2) A felony that is a felony drug abuse offense as defined	10603
in section 2925.01 of the Revised Code;	10604

(3) A felony under the laws of this or any other state or the	10605
United States that is a crime of moral turpitude;	10606

(4) A felony involving dishonesty, fraud, or theft;

10607

(5) A felony that is a violation of section 2921.05, 2921.32,	10608
or 2921.42 of the Revised Code.	10609

(B) In case of a reduction, a suspension of more than forty	10610
work hours in the case of an employee exempt from the payment of	10611
overtime compensation, a suspension of more than twenty-four work	10612
hours in the case of an employee required to be paid overtime	10613
compensation, a fine of more than forty hours' pay in the case of	10614
an employee exempt from the payment of overtime compensation, a	10615
fine of more than twenty-four hours' pay in the case of an	10616
employee required to be paid overtime compensation, or removal,	10617
except for the reduction or removal of a probationary employee,	10618
the appointing authority shall serve the employee with a copy of	10619
the order of reduction, fine, suspension, or removal, which order	10620
shall state the reasons for the action.	10621

Within ten days following the date on which the order is	10622
served or, in the case of an employee in the career professional	10623
service of the department of transportation, within ten days	10624
following the filing of a removal order, the employee, except as	10625
otherwise provided in this section, may file an appeal of the	10626
order in writing with the state personnel board of review or the	10627
commission. For purposes of this section, the date on which an	10628
order is served is the date of hand delivery of the order or the	10629
date of delivery of the order by certified United States mail,	10630
whichever occurs first. If an appeal is filed, the board or	10631
commission shall forthwith notify the appointing authority and	10632
shall hear, or appoint a trial board to hear, the appeal within	10633
thirty days from and after its filing with the board or	10634
commission. The board, commission, or trial board may affirm,	10635
disaffirm, or modify the judgment of the appointing authority.	10636
However, in an appeal of a removal order based upon a violation of	10637
a last chance agreement, the board, commission, or trial board may	10638
only determine if the employee violated the agreement and thus	10639
affirm or disaffirm the judgment of the appointing authority.	10640

In cases of removal or reduction in pay for disciplinary	10641
reasons, either the appointing authority or the officer or	10642
employee may appeal from the decision of the state personnel board	10643
of review or the commission, and any such appeal shall be to the	10644
court of common pleas of the county in which the appointing	10645
authority is located, or to the court of common pleas of Franklin	10646
county, as provided by section 119.12 of the Revised Code.	10647

(C) In the case of the suspension for any period of time, or	10648
a fine, demotion, or removal, of a chief of police, a chief of a	10649
fire department, or any member of the police or fire department of	10650
a city or civil service township, who is in the classified civil	10651
service, the appointing authority shall furnish the chief or	10652
member with a copy of the order of suspension, fine, demotion, or	10653
removal, which order shall state the reasons for the action. The	10654
order shall be filed with the municipal or civil service township	10655
civil service commission. Within ten days following the filing of	10656
the order, the chief or member may file an appeal, in writing,	10657
with the commission. If an appeal is filed, the commission shall	10658
forthwith notify the appointing authority and shall hear, or	10659
appoint a trial board to hear, the appeal within thirty days from	10660
and after its filing with the commission, and it may affirm,	10661
disaffirm, or modify the judgment of the appointing authority. An	10662
appeal on questions of law and fact may be had from the decision	10663
of the commission to the court of common pleas in the county in	10664
which the city or civil service township is situated. The appeal	10665
shall be taken within thirty days from the finding of the	10666
commission.	10667

(D) A violation of division (A)(7) of section 2907.03 of the	10668
Revised Code is grounds for termination of employment of a	10669
nonteaching employee under this section.	10670

(E) As used in this section, "last chance agreement" means an	10671
agreement signed by both an appointing authority and an officer or	10672
employee of the appointing authority that describes the type of	10673
behavior or circumstances that, if it occurs, will automatically	10674
lead to removal of the officer or employee without the right of	10675
appeal to the state personnel board of review or the appropriate	10676
commission.	10677

Sec. 124.393. (A) As used in this section:

10678

(1) "~~County exempt~~Exempt employee" means a permanent	10679
full-time or permanent part-time county, township, or municipal	10680
corporation employee who is not subject to a collective bargaining	10681
agreement between a public employer and an exclusive	10682
representative.	10683

(2) "Fiscal emergency" means any of the following:

10684

(a) A fiscal emergency declared by the governor under section	10685
126.05 of the Revised Code.	10686

(b) A fiscal watch or fiscal emergency has been declared or	10687
determined under section 118.023 or 118.04 of the Revised Code.	10688

(c) Lack of funds as defined in section 124.321 of the	10689
Revised Code.	10690

~~(c)~~(d) Reasons of economy as described in section 124.321 of	10691
the Revised Code.	10692

(B)(1) A county, township, or municipal corporation	10693
appointing authority may establish a mandatory cost savings	10694
program applicable to its ~~county~~ exempt employees. Each ~~county~~	10695
exempt employee shall participate in the program of mandatory cost	10696
savings for not more than eighty hours, as determined by the	10697
appointing authority, in each of state fiscal years 2010 ~~and 2011~~	10698
to 2013. The program may include, but is not limited to, a loss of	10699
pay or loss of holiday pay. The program may be administered	10700
differently among employees based on their classifications,	10701
appointment categories, or other relevant distinctions.	10702

(2) After June 30, ~~2011~~2013, a county, township, or	10703
municipal corporation appointing authority may implement mandatory	10704
cost savings days as described in division (B)(1) of this section	10705
that apply to its ~~county~~ exempt employees in the event of a fiscal	10706
emergency.	10707

(C) A county, township, or municipal corporation appointing	10708
authority shall issue guidelines concerning how the appointing	10709
authority will implement the cost savings program.	10710

Sec. 124.394. (A) As used in this section:

10711

(1) "Exempt employee" means a permanent full-time or	10712
permanent part-time county employee , township, or municipal	10713
corporation who is not subject to a collective bargaining	10714
agreement between a public employer and an exclusive	10715
representative.	10716

(2) "Fiscal emergency" means any of the following:

10717

(a) A fiscal emergency declared by the governor under section	10718
126.05 of the Revised Code.	10719

(b) A fiscal watch or a fiscal emergency declared or	10720
determined by the auditor of state under section 118.023 or 118.04	10721
of the Revised Code.	10722

(c) Lack of funds as defined in section 124.321 of the	10723
Revised Code.	10724

(d) Reasons of economy as described in section 124.321 of the	10725
Revised Code.	10726

(B) A county, township, or municipal corporation appointing	10727
authority may establish a modified work week schedule program	10728
applicable to its exempt employees. Each exempt employee shall	10729
participate in any established modified work week schedule program	10730
in each of state fiscal years 2012 and 2013. The program may	10731
provide for a reduction from the usual number of hours worked	10732
during a week by exempt employees immediately before the	10733
establishment of the program by the appointing authority. The	10734
reduction in hours may include any number of hours so long as the	10735
reduction is not more than fifty per cent of the usual hours	10736
worked by exempt employees immediately before the establishment of	10737
the program. The program may be administered differently among	10738
employees based on classifications, appointment categories, or	10739
other relevant distinctions.	10740

(C) After June 30, 2013, a county, township, or municipal	10741
corporation appointing authority may implement a modified work	10742
week schedule program as described in division (B) of this section	10743
that applies to its exempt employees in the event of a fiscal	10744
emergency.	10745

Sec. 125.021. (A) Except as to the military department, the	10746
general assembly, the capitol square review advisory board, the	10747
bureau of workers' compensation, the industrial commission, and	10748
institutions administered by boards of trustees, the department of	10749
administrative services may contract for telephone, other	10750
telecommunication, and computer services for state agencies.	10751
Nothing in this division precludes the bureau or the commission	10752
from contracting with the department to authorize the department	10753
to contract for those services for the bureau or the commission.	10754

(B)(1) As used in this division:

10755

(a) "Active duty" means active duty pursuant to an executive	10756
order of the president of the United States, an act of the	10757
congress of the United States, or section 5919.29 or 5923.21 of	10758
the Revised Code.	10759

(b) "Immediate family" means a person's spouse residing in	10760
the person's household, brothers and sisters of the whole or of	10761
the half blood, children, including adopted children and	10762
stepchildren, parents, and grandparents.	10763

(2) The department of administrative services may enter into	10764
a contract to purchase bulk long distance telephone services and	10765
make them available at cost, or may make bulk long distance	10766
telephone services available at cost under any existing contract	10767
the department has entered into, to members of the immediate	10768
family of persons deployed on active duty so that those family	10769
members can communicate with the persons so deployed. If the	10770
department enters into contracts under division (B)(2) of this	10771
section, it shall do so in accordance with sections 125.01 to	10772
125.11 of the Revised Code and in a nondiscriminatory manner that	10773
does not place any potential vendor at a competitive disadvantage.	10774

(3) If the department decides to exercise either option under	10775
division (B)(2) of this section, it shall adopt, and may amend,	10776
rules under Chapter 119. of the Revised Code to implement that	10777
division.	10778

Sec. 125.024. (A) If the department of mental health provides	10779
the goods and services described in division (C)(3) of section	10780
5119.16 of the Revised Code to the persons and government entities	10781
described in that section, the department of administrative	10782
services shall issue a request for proposals for the purpose of	10783
determining whether such goods and services could be provided by a	10784
vendor, on behalf of the department of mental health, in a manner	10785
that achieves greater operational efficiencies and savings to the	10786
state than those that could be achieved if the department of	10787
mental health provides the goods and services itself. The request	10788
for proposals must be issued not later than sixty days after the	10789
effective date of this section.	10790

(B) Before issuing a request for proposals under division (A)	10791
of this section, the department of administrative services shall	10792
develop a process to be used in issuing the request for proposals,	10793
receiving responses to the request, and evaluating responses on a	10794
competitive basis.	10795

(C) If the department of administrative services determines,	10796
from a review of the proposals submitted through the process	10797
described in division (B) of this section, that a vendor is able	10798
to provide the goods and services described in division (C)(3) of	10799
section 5119.16 of the Revised Code in the manner described in	10800
division (A) of this section, the department shall enter into a	10801
contract with the vendor for the provision of such goods and	10802
services.	10803

(D) The department of administrative services shall adopt	10804
rules in accordance with Chapter 119. of the Revised Code to	10805
implement this section. At a minimum, the rules must specify the	10806
duration of a contract entered into under division (C) of this	10807
section and a process for issuing subsequent requests for	10808
proposals, receiving responses to such requests, and evaluating	10809
the responses on a competitive basis.	10810

Sec. 125.15. All state agencies required to secure any	10811
equipment, materials, supplies, or services from the department of	10812
administrative services shall make acquisition in the manner and	10813
upon forms prescribed by the director of administrative services	10814
and shall reimburse the department for the equipment, materials,	10815
supplies, or services, including a reasonable sum to cover the	10816
department's administrative costs and costs relating to energy	10817
efficiency and conservation programs, whenever reimbursement is	10818
required by the department. The money so paid shall be deposited	10819
in the state treasury to the credit of the general services fund	10820
or, the information technology fund, or the information technology	10821
governance fund, as appropriate. Those funds are hereby created.	10822

Sec. 125.18. (A) There is hereby established the office of	10823
information technology within the department of administrative	10824
services. The office shall be under the supervision of a state	10825
chief information officer to be appointed by the director of	10826
administrative services and subject to removal at the pleasure of	10827
the director. The chief information officer is an assistant	10828
director of administrative services.	10829

(B) Under the direction of the director of administrative	10830
services, the state chief information officer shall lead, oversee,	10831
and direct state agency activities related to information	10832
technology development and use. In that regard, the state chief	10833
information officer shall do all of the following:	10834

(1) Coordinate and superintend statewide efforts to promote	10835
common use and development of technology by state agencies. The	10836
office of information technology shall establish policies and	10837
standards that govern and direct state agency participation in	10838
statewide programs and initiatives.	10839

(2) Establish policies and standards for the acquisition and	10840
use of common information technology by state agencies, including,	10841
but not limited to, hardware, software, technology services, and	10842
security, and the extension of the service life of information	10843
technology systems, with which state agencies shall comply;	10844

(3) Establish criteria and review processes to identify state	10845
agency information technology projects or purchases that require	10846
alignment or oversight. As appropriate, the department of	10847
administrative services shall provide the governor and the	10848
director of budget and management with notice and advice regarding	10849
the appropriate allocation of resources for those projects. The	10850
state chief information officer may require state agencies to	10851
provide, and may prescribe the form and manner by which they must	10852
provide, information to fulfill the state chief information	10853
officer's alignment and oversight role;	10854

(4) Establish policies and procedures for the security of	10855
personal information that is maintained and destroyed by state	10856
agencies;	10857

(5) Employ a chief information security officer who is	10858
responsible for the implementation of the policies and procedures	10859
described in division (B)(4) of this section and for coordinating	10860
the implementation of those policies and procedures in all of the	10861
state agencies;	10862

(6) Employ a chief privacy officer who is responsible for	10863
advising state agencies when establishing policies and procedures	10864
for the security of personal information and developing education	10865
and training programs regarding the state's security procedures;	10866

(7) Establish policies on the purchasing, use, and	10867
reimbursement for use of handheld computing and telecommunications	10868
devices by state agency employees;	10869

(8) Establish policies for the reduction of printing and the	10870
use of electronic records by state agencies;	10871

(9) Establish policies for the reduction of energy	10872
consumption by state agencies;	10873

(10) Compute the amount of revenue attributable to the	10874
amortization of all equipment purchases and capitalized systems	10875
from information technology service delivery and major information	10876
technology purchases operating appropriation items and major	10877
computer purchases capital appropriation items that is recovered	10878
as part of the information technology services rates the	10879
department of administrative services charges and deposits into	10880
the information technology fund created in section 125.15 of the	10881
Revised Code.	10882

(C)(1) The chief information security officer shall assist	10883
each state agency with the development of an information	10884
technology security strategic plan and review that plan, and each	10885
state agency shall submit that plan to the state chief information	10886
officer. The chief information security officer may require that	10887
each state agency update its information technology security	10888
strategic plan annually as determined by the state chief	10889
information officer.	10890

(2) Prior to the implementation of any information technology	10891
data system, a state agency shall prepare or have prepared a	10892
privacy impact statement for that system.	10893

(D) When a state agency requests a purchase of information	10894
technology supplies or services under Chapter 125. of the Revised	10895
Code, the state chief information officer may review and reject	10896
the requested purchase for noncompliance with information	10897
technology direction, plans, policies, standards, or	10898
project-alignment criteria.	10899

(E) The office of information technology may operate	10900
technology services for state agencies in accordance with this	10901
chapter.	10902

(F) With the approval of the director of administrative	10903
services, the office of information technology may establish	10904
cooperative agreements with federal and local government agencies	10905
and state agencies that are not under the authority of the	10906
governor for the provision of technology services and the	10907
development of technology projects.	10908

(G) The office of information technology may operate a	10909
program to make information technology purchases. The director of	10910
administrative services may recover the cost of operating the	10911
program from all participating government entities by issuing	10912
intrastate transfer voucher billings for the procured technology	10913
or through any pass-through billing method agreed to by the	10914
director of administrative services, the director of budget and	10915
management, and the participating government entities that will	10916
receive the procured technology.	10917

If the director of administrative services chooses to recover	10918
the program costs through intrastate transfer voucher billings,	10919
the participating government entities shall process the intrastate	10920
transfer vouchers to pay for the cost. Amounts received under this	10921
section for the information technology purchase program shall be	10922
deposited to the credit of the information technology governance	10923
fund created in section 125.15 of the Revised Code.	10924

(H) Upon request from the director of administrative	10925
services, the director of budget and management may transfer cash	10926
from the information technology fund created in section 125.15 of	10927
the Revised Code to the major information technology purchases	10928
fund in an amount not to exceed the amount computed under division	10929
(B)(10) of this section. The major information technology	10930
purchases fund is hereby created in the state treasury.	10931

(I) As used in this section:

10932

(1) "Personal information" has the same meaning as in section	10933
149.45 of the Revised Code.	10934

(2) "State agency" means every organized body, office, or	10935
agency established by the laws of the state for the exercise of	10936
any function of state government, other than any state-supported	10937
institution of higher education, the office of the auditor of	10938
state, treasurer of state, secretary of state, or attorney	10939
general, the adjutant general's department, the bureau of workers'	10940
compensation, the industrial commission, the public employees	10941
retirement system, the Ohio police and fire pension fund, the	10942
state teachers retirement system, the school employees retirement	10943
system, the state highway patrol retirement system, the general	10944
assembly or any legislative agency, the capitol square review	10945
advisory board, or the courts or any judicial agency.	10946

Sec. 125.182. The office of information technology, by itself	10947
or by contract with another entity, shall establish, operate, and	10948
maintain a state public notice web site. In establishing,	10949
maintaining, and operating the state public notice web site, the	10950
office of information technology shall:	10951

(A) Use a domain name for the web site that will be easily	10952
recognizable and remembered by and understandable to users of the	10953
web site;	10954

(B) Maintain the web site so that it is fully accessible to	10955
and searchable by members of the public at all times;	10956

(C) Not charge a fee to a person who accesses, searches, or	10957
otherwise uses the web site;	10958

(D) Not charge a fee to a state agency or political	10959
subdivision for publishing a notice on the web site;	10960

(E) Ensure that notices displayed on the web site conform to	10961
the requirements that would apply to the notices if they were	10962
being published in a newspaper, as directed in section 7.16 of the	10963
Revised Code or in the relevant provision of the statute or rule	10964
that requires the notice;	10965

(F) Ensure that notices continue to be displayed on the web	10966
site for not less than the length of time required by the relevant	10967
provision of the statute or rule that requires the notice;	10968

(G) Devise and display on the web site a form that may be	10969
downloaded and used to request publication of a notice on the web	10970
site;	10971

(H) Enable responsible parties to submit notices and requests	10972
for their publication;	10973

(I) Maintain an archive of notices that no longer are	10974
displayed on the web site;	10975

(J) Enable notices, both those currently displayed and those	10976
archived, to be accessed by key word, by party name, by case	10977
number, by county, and by other useful identifiers;	10978

(K) Maintain adequate systemic security and backup features,	10979
and develop and maintain a contingency plan for coping with and	10980
recovering from power outages, systemic failures, and other	10981
unforeseeable difficulties;	10982

(L) Maintain the web site in such a manner that it will not	10983
infringe legally protected interests, so that vulnerability of the	10984
web site to interruption because of litigation or the threat of	10985
litigation is reduced; and	10986

(M) Submit a status report to the secretary of state twice	10987
annually that demonstrates compliance with statutory requirements	10988
governing publication of notices.	10989

The office of information technology shall bear the expense	10990
of maintaining the state public notice web site domain name.	10991

Sec. 125.213. There is hereby created the state employee	10992
child support fund. The fund shall be in the custody of the	10993
treasurer of state, but shall not be part of the state treasury.	10994
The fund shall consist of all money withheld or deducted from	10995
salaries and wages of state officials and employees pursuant to a	10996
withholding or deduction notice described in section 3121.03 of	10997
the Revised Code for forwarding to the office of child support in	10998
the department of job and family services pursuant to section	10999
3121.19 of the Revised Code. All money in the fund, including	11000
investment earnings thereon, shall be used only for the following	11001
purposes:	11002

(A) Forwarding to the office of child support money withheld	11003
or deducted from salaries and wages of state officials and	11004
employees pursuant to a withholding or deduction notice described	11005
in section 3121.03 of the Revised Code;	11006

(B) Paying any direct or indirect costs associated with	11007
maintaining the fund.	11008

Sec. 125.28. (A)(1) Each state agency that is supported in	11009
whole or in part by nongeneral revenue fund money and that	11010
occupies space in the James A. Rhodes or Frank J. Lausche state	11011
office tower, Toledo government center, Senator Oliver R. Ocasek	11012
government office building, Vern Riffe center for government and	11013
the arts, ~~state of Ohio computer center,~~ capitol square, or	11014
governor's mansion shall reimburse the general revenue fund for	11015
the cost of occupying the space in the ratio that the occupied	11016
space in each facility attributable to the nongeneral revenue fund	11017
money bears to the total space occupied by the state agency in the	11018
facility.	11019

(2) All agencies that occupy space in the old blind school or	11020
that occupy warehouse space in the general services facility shall	11021
reimburse the department of administrative services for the cost	11022
of occupying the space. The director of administrative services	11023
shall determine the amount of debt service, if any, to be charged	11024
to building tenants and shall collect reimbursements for it.	11025

(3) Each agency that is supported in whole or in part by	11026
nongeneral revenue fund money and that occupies space in any other	11027
facility or facilities owned and maintained by the department of	11028
administrative services or space in the general services facility	11029
other than warehouse space shall reimburse the department for the	11030
cost of occupying the space, including debt service, if any, in	11031
the ratio that the occupied space in each facility attributable to	11032
the nongeneral revenue fund money bears to the total space	11033
occupied by the state agency in the facility.	11034

(B) The director of administrative services may provide	11035
building maintenance services and skilled trades services to any	11036
state agency occupying space in a facility that is not owned by	11037
the department of administrative services and may collect	11038
reimbursements for the cost of providing those services.	11039

(C) All money collected by the department of administrative	11040
services for operating expenses of facilities owned or maintained	11041
by the department shall be deposited into the state treasury to	11042
the credit of the building management fund, which is hereby	11043
created. All money collected by the department for skilled trades	11044
services shall be deposited into the state treasury to the credit	11045
of the skilled trades fund, which is hereby created. All money	11046
collected for debt service shall be deposited into the general	11047
revenue fund.	11048

(D) The director of administrative services shall determine	11049
the reimbursable cost of space in state-owned or state-leased	11050
facilities and shall collect reimbursements for that cost.	11051

Sec. 125.89. Subject to the approval of the governor, the	11052
department of administrative services may enter into contracts,	11053
compacts, and cooperative agreements for and on behalf of the	11054
state of Ohio with the several states or the federal government,	11055
singularly or severally, in order to provide, with or without	11056
reimbursement, for the utilization by and exchange between them,	11057
singularly or severally, of property, facilities, personnel, and	11058
services of each by the other, and, for the same purpose, to enter	11059
into contracts and cooperative agreements with eligible public or	11060
private state or local authorities, institutions, organizations,	11061
or activities. ~~The department shall make, annually, a report of~~	11062
~~its actions under sections 125.84 to 125.90 of the Revised Code,~~	11063
~~in accordance with section 149.01 of the Revised Code, and file~~	11064
~~such report with the general assembly.~~	11065

Sec. 126.021. Whenever, pursuant to section 126.06 of the	11066
Revised Code, the department of ~~administrative services~~commerce	11067
files with the director of budget and management its estimate of	11068
proposed expenditures for the succeeding biennium, the department	11069
shall request, and the director of budget and management shall	11070
approve the request for, the following general revenue fund	11071
appropriations for operating the construction compliance section	11072
~~of the equal employment opportunity office~~ of the department of	11073
~~administrative services~~commerce:	11074

(A) For the first fiscal year of the biennium, an	11075
appropriation equal to fifty-three one-thousandths of one per cent	11076
of the total new capital appropriations provided for in the most	11077
recently enacted main capital appropriations act;	11078

(B) For the second fiscal year of the biennium, an	11079
appropriation equal to the amount computed under division (A) of	11080
this section, adjusted for anticipated changes in operating costs	11081
based upon the inflation/deflation factor used by the director of	11082
budget and management for that fiscal year.	11083

The amounts of the appropriations requested pursuant to	11084
divisions (A) and (B) of this section shall be in addition to the	11085
amounts provided for staff in the construction compliance section	11086
as of January 1, 1988.	11087

Sec. 126.10. No certificate of participation or any similar	11088
debt instrument may be obtained or entered into by the state	11089
without the prior approval of the general assembly.	11090

Sec. 126.12. (A)(1) The office of budget and management	11091
shall prepare and administer a statewide indirect cost allocation	11092
plan that provides for the recovery of statewide indirect costs	11093
from any fund of the state. The director of budget and management	11094
may make transfers of statewide indirect costs from the	11095
appropriate fund of the state to the general revenue fund on an	11096
intrastate transfer voucher. The director, for reasons of sound	11097
financial management, also may waive the recovery of statewide	11098
indirect costs. Prior to making a transfer in accordance with this	11099
division, the director shall notify the affected agency of the	11100
amounts to be transferred.	11101

(2) To support development and upgrade costs to the state's	11102
enterprise resource planning system, the director also may make	11103
transfers of statewide indirect costs attributable to debt service	11104
paid for the system to the OAKS support organization fund created	11105
in section 126.24 of the Revised Code. Transfers may be made from	11106
either of the following:	11107

(a) The appropriate fund of the state;

11108

(b) The general revenue fund, if the statewide indirect costs	11109
have been collected under division (A)(1) of this section and	11110
deposited in the general revenue fund.	11111

(B) As used in this section, "statewide indirect costs" means	11112
operating costs incurred by an agency in providing services to any	11113
other agency, for which there was no billing to such other agency	11114
for the services provided, and for which disbursements have been	11115
made from the general revenue fund or other funds.	11116

(C) Notwithstanding any provision of law to the contrary, in	11117
order to reduce the payment of adjustments to the federal	11118
government as determined under the plan prepared under division	11119
(A)(1) of this section, the director of budget and management	11120
shall, on or before the first day of September each fiscal year,	11121
designate such funds of the state as the director considers	11122
necessary to retain their own interest earnings.	11123

Sec. 126.141. Any request for release of capital	11124
appropriations by the director of budget and management or the	11125
controlling board for projects, the contracts of which are awarded	11126
by the department of administrative services, shall contain a	11127
contingency reserve, the amount of which shall be determined by	11128
the department of administrative services, for payment of	11129
unanticipated project expenses. Any amount deducted from the	11130
encumbrance for a contractor's contract as an assessment for	11131
liquidated damages shall be added to the encumbrance for the	11132
contingency reserve. Contingency reserve funds shall be used to	11133
pay costs resulting from unanticipated job conditions, to comply	11134
with rulings regarding building and other codes, to pay costs	11135
related to errors, omissions, or other deficiencies in contract	11136
documents, to pay costs associated with changes in the scope of	11137
work, to pay interest due on late payments, and to pay the costs	11138
of settlements and judgments related to the project.	11139

Any funds remaining upon completion of a project may, upon	11140
approval of the Controlling Board, be released for the use of the	11141
agency or instrumentality to which the appropriation was made for	11142
other capital facilities projects.	11143

Sec. 126.21. (A) The director of budget and management shall	11144
do all of the following:	11145

(1) Keep all necessary accounting records;

11146

(2) Prescribe and maintain the accounting system of the state	11147
and establish appropriate accounting procedures and charts of	11148
accounts;	11149

(3) Establish procedures for the use of written, electronic,	11150
optical, or other communications media for approving and reviewing	11151
payment vouchers;	11152

(4) Reconcile, in the case of any variation between the	11153
amount of any appropriation and the aggregate amount of items of	11154
the appropriation, with the advice and assistance of the state	11155
agency affected by it and the legislative service commission,	11156
totals so as to correspond in the aggregate with the total	11157
appropriation. In the case of a conflict between the item and the	11158
total of which it is a part, the item shall be considered the	11159
intended appropriation.	11160

(5) Evaluate on an ongoing basis and, if necessary, recommend	11161
improvements to the internal controls used in state agencies;	11162

(6) Authorize the establishment of petty cash accounts. The	11163
director may withdraw approval for any petty cash account and	11164
require the officer in charge to return to the state treasury any	11165
unexpended balance shown by the officer's accounts to be on hand.	11166
Any officer who is issued a warrant for petty cash shall render a	11167
detailed account of the expenditures of the petty cash and shall	11168
report when requested the balance of petty cash on hand at any	11169
time.	11170

(7) Process orders, invoices, vouchers, claims, and payrolls	11171
and prepare financial reports and statements;	11172

(8) Perform extensions, reviews, and compliance checks prior	11173
to or after approving a payment as the director considers	11174
necessary;	11175

(9) Issue the official comprehensive annual financial report	11176
of the state. The report shall cover all funds of the state	11177
reporting entity and shall include basic financial statements and	11178
required supplementary information prepared in accordance with	11179
generally accepted accounting principles and other information as	11180
the director provides. All state agencies, authorities,	11181
institutions, offices, retirement systems, and other component	11182
units of the state reporting entity as determined by the director	11183
shall furnish the director whatever financial statements and other	11184
information the director requests for the report, in the form, at	11185
the times, covering the periods, and with the attestation the	11186
director prescribes. The information for state institutions of	11187
higher education, as defined in section 3345.011 of the Revised	11188
Code, shall be submitted to the chancellor by the Ohio board of	11189
regents. The board shall establish a due date by which each such	11190
institution shall submit the information to the board, but no such	11191
date shall be later than one hundred twenty days after the end of	11192
the state fiscal year unless a later date is approved by the	11193
director.	11194

(B) In addition to the director's duties under division (A)	11195
of this section, the director may establish and administer one or	11196
more state payment card programs that permit or require state	11197
agencies to use a payment card to purchase equipment, materials,	11198
supplies, or services in accordance with guidelines issued by the	11199
director. The chief administrative officer of a state agency that	11200
uses a payment card for such purposes shall ensure that purchases	11201
made with the card are made in accordance with the guidelines	11202
issued by the director and do not exceed the unexpended,	11203
unencumbered, unobligated balance in the appropriation to be	11204
charged for the purchase. State agencies may participate in only	11205
those state payment card programs that the director establishes	11206
pursuant to this section.	11207

(C) In addition to the director's duties under divisions (A)	11208
and (B) of this section, the director may enter into any contract	11209
or agreement necessary for and incidental to the performance of	11210
the director's duties or the duties of the office of budget and	11211
management.	11212

(D) In consultation with the director of administrative	11213
services, the director may appoint and fix the compensation of	11214
employees of the office of budget and management whose primary	11215
duties include the consolidation of statewide financing functions	11216
and common transactional processes.	11217

(E) The director may transfer cash between funds other than	11218
the general revenue fund in order to correct an erroneous payment	11219
or deposit regardless of the fiscal year during which the	11220
erroneous payment or deposit occurred.	11221

Sec. 126.24. The OAKS support organization fund is hereby	11222
created in the state treasury for the purpose of paying the	11223
operating, development, and upgrade expenses of the state's	11224
enterprise resource planning system. The fund shall consist of	11225
~~cash~~ transfers ~~from the accounting and budgeting fund and the~~	11226
~~human resources services fund, and other~~received pursuant to	11227
division (A)(2) of section 126.12 of the Revised Code and agency	11228
payroll charge revenues that are designated to support the	11229
operating, development, and upgrade costs of the Ohio	11230
administrative knowledge system. All investment earnings of the	11231
fund shall be credited to the fund.	11232

Sec. 126.45. (A) As used in sections 126.45 to 126.48 of the	11233
Revised Code, "state agency" means the administrative departments	11234
listed in section 121.02 of the Revised Code, the department of	11235
taxation, ~~and~~ the bureau of workers' compensation, and the Ohio	11236
board of regents.	11237

(B) The office of internal auditing is hereby created in the	11238
office of budget and management to conduct internal audits of	11239
state agencies or divisions of state agencies to improve their	11240
operations in the areas of risk management, internal controls, and	11241
governance. The director of budget and management, with the	11242
approval of the governor, shall appoint for the office of internal	11243
auditing a chief internal auditor who meets the qualifications	11244
specified in division (C) of this section. The chief internal	11245
auditor shall serve at the director's pleasure and be responsible	11246
for the administration of the office of internal auditing	11247
consistent with sections 126.45 to 126.48 of the Revised Code.	11248

The office of internal auditing shall conduct programs for	11249
the internal auditing of state agencies. The programs shall	11250
include an annual internal audit plan, reviewed by the state audit	11251
committee, that utilizes risk assessment techniques and identifies	11252
the specific audits to be conducted during the year. The programs	11253
also shall include periodic audits of each state agency's major	11254
systems and controls, including those systems and controls	11255
pertaining to accounting, administration, and electronic data	11256
processing. Upon the request of the office of internal auditing,	11257
each state agency shall provide office employees access to all	11258
records and documents necessary for the performance of an internal	11259
audit.	11260

The director of budget and management shall assess a charge	11261
against each state agency for which the office of internal	11262
auditing conducts internal auditing programs under sections 126.45	11263
to 126.48 of the Revised Code so that the total amount of these	11264
charges is sufficient to cover the costs of the operation of the	11265
office of internal auditing.	11266

(C) The chief internal auditor of the office of internal	11267
auditing shall hold at least a bachelor's degree and be one of the	11268
following:	11269

(1) A certified internal auditor, a certified government	11270
auditing professional, or a certified public accountant, who also	11271
has held a PA registration or a CPA certificate authorized by	11272
Chapter 4701. of the Revised Code for at least four years and has	11273
at least six years of auditing experience;	11274

(2) An auditor who has held a PA registration or a CPA	11275
certificate authorized by Chapter 4701. of the Revised Code for at	11276
least four years and has at least ten years of auditing	11277
experience.	11278

(D) The chief internal auditor, subject to the direction and	11279
control of the director of budget and management, may appoint and	11280
maintain any staff necessary to carry out the duties assigned by	11281
sections 126.45 to 126.48 of the Revised Code to the office of	11282
internal auditing or to the chief internal auditor.	11283

Sec. 126.46. (A)(1) There is hereby created the state audit	11284
committee, consisting of the following five members: one public	11285
member appointed by the governor; two public members appointed by	11286
the speaker of the house of representatives, one of which may be a	11287
person who is recommended by the minority leader of the house of	11288
representatives; and two public members appointed by the president	11289
of the senate, one of which may be a person who is recommended by	11290
the minority leader of the senate. Not more than two of the four	11291
members appointed by the speaker of the house of representatives	11292
and the president of the senate shall belong to or be affiliated	11293
with the same political party. The member appointed by the	11294
governor shall ~~be a person who is external to the management~~	11295
~~structure associated with the preparation of financial statements~~	11296
~~of state government and shall~~ have the program and management	11297
expertise required to perform the duties of the committee's	11298
chairperson.	11299

Each member of the committee shall be external to the	11300
management structure of state government and shall serve a	11301
three-year term~~, except for the initial members. With respect to~~	11302
~~the initial appointments of the members, the first member~~	11303
~~appointed by the speaker of the house of representatives shall~~	11304
~~serve a one-year term, the second member appointed by the speaker~~	11305
~~of the house of representatives shall serve a three-year term, the~~	11306
~~initial members appointed by the president of the senate shall~~	11307
~~serve two-year terms, and the initial member appointed by the~~	11308
~~governor shall serve a three-year term~~. Each term shall commence	11309
on the first day of July and end on the thirtieth day of June. A	11310
member shall continue to serve subsequent to the expiration of the	11311
member's term until a successor is appointed. Members may be	11312
reappointed to serve one additional term.	11313

On the effective date of the amendment of this section by	11314
H.B. 153 of the 129th general assembly, the terms of the members	11315
shall be altered as follows:	11316

(a) The terms of the members appointed by the president shall	11317
expire on June 30, 2012.	11318

(b) The term of the member appointed by the speaker scheduled	11319
to expire on November 17, 2012, shall expire on June 30, 2013.	11320

(c) The term of the other member appointed by the speaker	11321
shall expire on June 30, 2014.	11322

(d) The term of the member appointed by the governor shall	11323
expire on June 30, 2014.	11324

The committee shall include one member who is a financial	11325
expert; one member who is an active, inactive, or retired	11326
certified public accountant; one member who is familiar with	11327
governmental financial accounting; and one member who is a	11328
representative of the public.	11329

Any vacancy on the committee shall be filled in the same	11330
manner as provided in this division, and, when applicable, the	11331
person appointed to fill a vacancy shall serve the remainder of	11332
the predecessor's term.	11333

(2) Members of the committee shall receive reimbursement for	11334
actual and necessary expenses incurred in the discharge of their	11335
duties.	11336

(3) The member of the committee appointed by the governor	11337
shall serve as the committee's chairperson.	11338

(4) ~~Initial appointments of committee members shall be made~~	11339
~~not later than thirty days after the effective date of this~~	11340
~~section.~~	11341

~~(5)~~ Members of the committee shall be subject to the	11342
disclosure statement requirements of section 102.02 of the Revised	11343
Code.	11344

(B) The state audit committee shall do all of the following:

11345

(1) Ensure that the internal audits conducted by the office	11346
of internal auditing in the office of budget and management	11347
conform to the institute of internal auditors' international	11348
standards for the professional practice of internal auditing and	11349
to the institute of internal auditors' code of ethics;	11350

(2) Review and comment on the process used by the office of	11351
budget and management to prepare its annual budgetary financial	11352
report and the state's comprehensive annual financial report	11353
required under division (A)(9) of section 126.21 of the Revised	11354
Code;	11355

(3) Review and comment on unaudited financial statements	11356
submitted to the auditor of state and communicate with external	11357
auditors as required by government auditing standards;	11358

(4) Perform the additional functions imposed upon it by	11359
section 126.47 of the Revised Code.	11360

(C) As used in this section, "financial expert" means a	11361
person who has all of the following:	11362

(1) An understanding of generally accepted accounting	11363
principles and financial statements;	11364

(2) The ability to assess the general application of those	11365
principles in connection with accounting for estimates, accruals,	11366
and reserves;	11367

(3) Experience preparing, auditing, analyzing, or evaluating	11368
financial statements presenting accounting issues that generally	11369
are of comparable breadth and level of complexity to those likely	11370
to be presented by a state agency's financial statements, or	11371
experience actively supervising one or more persons engaged in	11372
those activities;	11373

(4) An understanding of internal controls and procedures for	11374
financial reporting; and	11375

(5) An understanding of audit committee functions.

11376

Sec. 126.50. As used in sections ~~126.50, 126.501, 126.502,~~	11377
126.503, 126.504, 126.505, and 126.506~~, and 126.507~~ of the Revised	11378
Code:	11379

~~(A) "Critical services" means a service provided by the state~~	11380
~~the deferral or cancellation of which would cause at least one of~~	11381
~~the following:~~	11382

~~(1) An immediate risk to the health, safety, or welfare of~~	11383
~~the citizens of the state;~~	11384

~~(2) A undermining of activity aimed at creating or retaining~~	11385
~~jobs in the state;~~	11386

~~(3) An interference with the receipt of revenue to the state~~	11387
~~or the realization of savings to the state.~~	11388

~~"Critical services" does not mean a deferral or cancellation~~	11389
~~of a service provided by the state that would result in~~	11390
~~inconvenience, sustainable delay, or other similar compromise to~~	11391
~~the normal provision of state-provided services.~~	11392

~~(B)~~, "~~State~~state agency" has the same meaning as in section	11393
1.60 of the Revised Code, but does not include the elected state	11394
officers, the general assembly or any legislative agency, a court	11395
or any judicial agency, or a state institution of higher	11396
education.	11397

Sec. 126.503. All state agencies shall control nonessential	11398
travel expenses by doing all of the following:	11399

(A) Complying with any travel directives issued by the	11400
director of budget and management;	11401

(B) Using, when possible, the online travel authorization and	11402
expense reimbursement process;	11403

(C) Conducting meetings, whenever possible and in compliance	11404
with section 121.22 of the Revised Code, using conference calls,	11405
teleconferences, webinars, or other technology tools;	11406

(D) Using fleet vehicles for official state travel whenever	11407
possible; ~~and~~	11408

(E) Following restrictions set by the department of	11409
administrative services regarding mileage reimbursement pursuant	11410
to section 125.832 of the Revised Code; and	11411

(F) Requiring state agency employees to use the	11412
state-contracted, preferred rental vehicle provider for all	11413
vehicle rentals over one hundred miles.	11414

The director of budget and management shall not reimburse any	11415
state agency employee for unauthorized travel expenses.	11416

Sec. 126.60. As used in sections 126.60 to 126.605 of the	11417
Revised Code:	11418

(A) "Contract" means any purchase and sale agreement, lease,	11419
service agreement, franchise agreement, concession agreement, or	11420
other written agreement entered into under sections 126.60 to	11421
126.605 of the Revised Code with respect to the provision of	11422
highway services and any project related thereto.	11423

(B) "Highway services" means the operation or maintenance of	11424
any highway in this state, the construction of which was funded by	11425
proceeds from state revenue bonds that are to be repaid primarily	11426
from revenues derived from the operation of the highway and any	11427
related facilities and not primarily from the tax that is subject	11428
to the limitations of Article XII, Section 5a of the Ohio	11429
Constitution.	11430

(C) "Improvement" means any construction, reconstruction,	11431
rehabilitation, renovation, installation, improvement,	11432
enlargement, or extension of property or improvements to property.	11433

(D) "Private sector entity" means any corporation, whether	11434
for profit or not for profit, limited liability company,	11435
partnership, limited liability partnership, sole proprietorship,	11436
business trust, joint venture or other entity, but shall not mean	11437
the state, a political subdivision of the state, or a public or	11438
governmental entity, agency, or instrumentality of the state.	11439

(E) "Project" means real or personal property, or both, and	11440
improvements thereto or in support thereof, including undivided	11441
and other interests therein, used for or in the provision of	11442
highway services.	11443

(F) "Proposer" means a private sector entity, local or	11444
regional public entity or agency, or any group or combination	11445
thereof, in collaboration or cooperation with other private sector	11446
entities, local or regional public entities, submitting	11447
qualifications or a proposal for providing highway services.	11448

Sec. 126.601. (A) The director of budget and management and	11449
the director of transportation may make recommendations to the	11450
general assembly concerning whether to take any action under	11451
section 126.602 of the Revised Code for the provision of highway	11452
services in order to more efficiently and effectively provide	11453
those services, including by generating additional resources in	11454
support of those services and related projects. Nothing in	11455
sections 126.60 to 126.605 of Revised Code authorizes or shall be	11456
construed to authorize the sale, lease, operation under a contract	11457
with a private sector entity, other disposition of a turnpike	11458
project, as defined in section 5537.01 of the Revised Code, or	11459
other transfer of authority over a turnpike project until the	11460
general assembly approves the consideration of proposals therefor	11461
by the enactment of legislation that may include specific terms	11462
and conditions of the sale, lease, or operation that proposals for	11463
the turnpike project must contain.	11464

(B) The director of transportation, upon the enactment of	11465
legislation as described in division (A) of this section, may	11466
exercise all powers of the Ohio turnpike commission for purposes	11467
of sections 126.60 to 126.605 of the Revised Code, and may take	11468
any action and, with the director of budget and management,	11469
execute any contract necessary to effect the purposes of sections	11470
126.60 to 126.605 of the Revised Code.	11471

Sec. 126.602. (A) Pursuant to legislation enacted under	11472
section 126.601 of the Revised Code and before entering into a	11473
contract for the provision of highway services, the director of	11474
budget and management shall publish notice of its intent to enter	11475
into a contract for the highway services and any related project.	11476
The notice shall notify interested parties of the opportunity to	11477
submit their qualifications or proposals, or both, for	11478
consideration and shall be published at least thirty days prior to	11479
the deadline for submitting those qualifications or proposals. The	11480
director also may advertise the information contained in the	11481
notice in appropriate trade journals and otherwise notify parties	11482
believed to be interested in providing the highway services and in	11483
any related project. The notice shall include a general	11484
description of the highway services to be provided and any related	11485
project and of the qualifications or proposals being sought and	11486
instructions for obtaining the invitation.	11487

(B) After inviting qualifications, the director of budget and	11488
management, in consultation with the department of transportation,	11489
shall evaluate the qualifications submitted and may hold	11490
discussions with proposers to further explore their	11491
qualifications. Following this evaluation, the director, in	11492
consultation with the department, may determine a list of	11493
qualified proposers based on criteria in the invitation and invite	11494
only those proposers to submit a proposal for the provision of the	11495
highway services and any related project.	11496

(C) After inviting proposals, the director of budget and	11497
management, in consultation with the department of transportation,	11498
shall evaluate the proposals submitted and may hold discussions	11499
with proposers to further explore their proposals, the scope and	11500
nature of the highway services they would provide, and the various	11501
technical approaches they may take regarding the highway services	11502
and any related project. Following this evaluation, the director,	11503
in consultation with the department, shall:	11504

(1) Select and rank no fewer than three proposers that the	11505
director considers to be the most qualified to enter into the	11506
contract, except when the director determines that fewer than	11507
three qualified proposers are available, in which case the	11508
director shall select and rank them;	11509

(2) Negotiate a contract with the proposer ranked most	11510
qualified to provide the highway services at a compensation	11511
determined in writing to be fair and reasonable, and to purchase,	11512
lease or otherwise take a legal interest in the project.	11513

(D)(1) Upon failure to negotiate a contract with the proposer	11514
ranked most qualified, the director shall inform the proposer in	11515
writing of the termination of negotiations and may enter into	11516
negotiations with the proposer ranked next most qualified. If	11517
negotiations again fail, the same procedure may be followed with	11518
each next most qualified proposer selected and ranked, in order of	11519
ranking, until a contract is negotiated.	11520

(2) If the director, in consultation with the department,	11521
fails to negotiate a contract with any of the ranked proposers,	11522
the director, in consultation with the department, may terminate	11523
the process or select and rank additional proposers, based on	11524
their qualifications or proposals, and negotiations shall continue	11525
as with the proposers selected and ranked initially until a	11526
contract is negotiated.	11527

(E) Any contract entered into under this section may contain	11528
terms, as deemed appropriate by the director, in consultation with	11529
the department, including the duration of the contract, which	11530
shall not exceed seventy-five years, rates or fees for the highway	11531
services to be provided or methods or procedures for the	11532
determination of such rates or fees, standards for the highway	11533
services to be provided, responsibilities and standards for	11534
operation and maintenance of any related project, required	11535
financial assurances, financial and other data reporting	11536
requirements, bases and procedures for termination of the contract	11537
and retaking of possession or title to the project, and events of	11538
default and remedies upon default, including mandamus, a suit in	11539
equity, an action at law, or any combination of those remedial	11540
actions.	11541

(F) Chapter 4117. of the Revised Code shall not apply to any	11542
employees working at or on a project to provide highway services.	11543

(G) The director of budget and management may reject any and	11544
all submissions of qualifications or proposals.	11545

(H) The director may provide compensation for the preparation	11546
of a responsive proposal from unsuccessful bidders for a proposal	11547
to lease the turnpike under sections 126.60 to 126.605 of the	11548
Revised Code. The director may establish policies or procedures	11549
necessary to determine the amount of compensation to be provided	11550
for each project and the method of evaluating the value of the	11551
preliminary proposal submitted, but in no instance may the	11552
compensation exceed the value of such proposal.	11553

Sec. 126.603. (A) The director of budget and management, with	11554
the prior approval of the controlling board, may enter into a	11555
contract negotiated under sections 126.60 to 126.605 of the	11556
Revised Code. The controlling board may approve any transfer of	11557
moneys and funds necessary to support the highway services.	11558

(B) All money received by the director of budget and	11559
management under a contract executed pursuant to sections 126.60	11560
to 126.605 of the Revised Code shall be deposited into the state	11561
treasury to the credit of the highway services fund, which is	11562
hereby created. Any interest earned on money in the fund shall be	11563
credited to the fund.	11564

Sec. 126.604. The exercise of the powers granted by sections	11565
126.60 to 126.605 of the Revised Code will be for the benefit of	11566
the people of the state and shall be liberally construed to effect	11567
the purposes thereof. Any project or part thereof owned by the	11568
state and used for performing any highway services pursuant to a	11569
contract entered into under sections 126.60 to 126.605 of the	11570
Revised Code that would be exempt from real property taxes or	11571
assessments in the absence of such contract shall remain exempt	11572
from real property taxes and assessments levied by the state and	11573
its subdivisions to the same extent as if not subject to that	11574
contract. The gross receipts and income of a successful proposer	11575
derived from providing highway services under a contract through a	11576
project owned by the state shall be exempt from gross receipts and	11577
income taxes levied by the state and its subdivisions, including	11578
the tax levied pursuant to Chapter 5751. of the Revised Code. Any	11579
transfer or lease between a successful proposer and the state of a	11580
project or part thereof, or item included or to be included in the	11581
project, shall be exempt from the taxes levied pursuant to	11582
Chapters 5739. and 5741. of the Revised Code if the state is	11583
retaining ownership of the project or part thereof that is being	11584
transferred or leased.	11585

Sec. 126.605. The director of budget and management, in	11586
consultation with the department of transportation, may retain or	11587
contract for the services of commercial appraisers, engineers,	11588
investment bankers, financial advisers, accounting experts, and	11589
other consultants, independent contractors or providers of	11590
professional services as are necessary in the judgment of the	11591
director to carry out the director's powers and duties under	11592
sections 126.60 to 126.605 of the Revised Code, including the	11593
identification of highway services and any related projects to be	11594
subject to invitations for qualifications or proposals under	11595
sections 126.60 to 126.605 of the Revised Code, the development of	11596
those invitations and related evaluation criteria, the evaluation	11597
of those invitations, and negotiation of any contract under	11598
sections 126.60 to 126.605 of the Revised Code.	11599

Sec. 127.14. The controlling board may, at the request of	11600
any state agency or the director of budget and management,	11601
authorize, with respect to the provisions of any appropriation	11602
act:	11603

(A) Transfers of all or part of an appropriation within but	11604
not between state agencies, except such transfers as the director	11605
of budget and management is authorized by law to make, provided	11606
that no transfer shall be made by the director for the purpose of	11607
effecting new or changed levels of program service not authorized	11608
by the general assembly;	11609

(B) Transfers of all or part of an appropriation from one	11610
fiscal year to another;	11611

(C) Transfers of all or part of an appropriation within or	11612
between state agencies made necessary by administrative	11613
reorganization or by the abolition of an agency or part of an	11614
agency;	11615

(D) Transfers of all or part of cash balances in excess of	11616
needs from any fund of the state to the general revenue fund or to	11617
such other fund of the state to which the money would have been	11618
credited in the absence of the fund from which the transfers are	11619
authorized to be made, except that the controlling board may not	11620
authorize such transfers from the accrued leave liability fund,	11621
auto registration distribution fund, budget stabilization fund,	11622
development bond retirement fund, facilities establishment fund,	11623
gasoline excise tax fund, general revenue fund, higher education	11624
improvement fund, highway improvement bond retirement fund,	11625
highway obligations bond retirement fund, highway capital	11626
improvement fund, highway operating fund, horse racing tax fund,	11627
improvements bond retirement fund, public library fund, liquor	11628
control fund, local government fund, local transportation	11629
improvement program fund, mental health facilities improvement	11630
fund, Ohio fairs fund, parks and recreation improvement fund,	11631
public improvements bond retirement fund, school district income	11632
tax fund, state agency facilities improvement fund, state and	11633
local government highway distribution fund, state highway safety	11634
fund, state lottery fund, undivided liquor permit fund, Vietnam	11635
conflict compensation bond retirement fund, volunteer fire	11636
fighters' dependents fund, waterways safety fund, wildlife fund,	11637
workers' compensation fund, ~~workers' compensation council~~	11638
~~remuneration fund,~~ or any fund not specified in this division that	11639
the director of budget and management determines to be a bond fund	11640
or bond retirement fund;	11641

(E) Transfers of all or part of those appropriations included	11642
in the emergency purposes account of the controlling board;	11643

(F) Temporary transfers of all or part of an appropriation or	11644
other moneys into and between existing funds, or new funds, as may	11645
be established by law when needed for capital outlays for which	11646
notes or bonds will be issued;	11647

(G) Transfer or release of all or part of an appropriation to	11648
a state agency requiring controlling board approval of such	11649
transfer or release as provided by law;	11650

(H) Temporary transfer of funds included in the emergency	11651
purposes appropriation of the controlling board. Such temporary	11652
transfers may be made subject to conditions specified by the	11653
controlling board at the time temporary transfers are authorized.	11654
No transfers shall be made under this division for the purpose of	11655
effecting new or changed levels of program service not authorized	11656
by the general assembly.	11657

As used in this section, "request" means an application by a	11658
state agency or the director of budget and management seeking some	11659
action by the controlling board.	11660

When authorizing the transfer of all or part of an	11661
appropriation under this section, the controlling board may	11662
authorize the transfer to an existing appropriation item and the	11663
creation of and transfer to a new appropriation item.	11664

Whenever there is a transfer of all or part of funds included	11665
in the emergency purposes appropriation by the controlling board,	11666
pursuant to division (E) of this section, the state agency or the	11667
director of budget and management receiving such transfer shall	11668
keep a detailed record of the use of the transferred funds. At the	11669
earliest scheduled meeting of the controlling board following the	11670
accomplishment of the purposes specified in the request originally	11671
seeking the transfer, or following the total expenditure of the	11672
transferred funds for the specified purposes, the state agency or	11673
the director of budget and management shall submit a report on the	11674
expenditure of such funds to the board. The portion of any	11675
appropriation so transferred which is not required to accomplish	11676
the purposes designated in the original request to the controlling	11677
board shall be returned to the proper appropriation of the	11678
controlling board at this time.	11679

Notwithstanding any provisions of law providing for the	11680
deposit of revenues received by a state agency to the credit of a	11681
particular fund in the state treasury, whenever there is a	11682
temporary transfer of funds included in the emergency purposes	11683
appropriation of the controlling board pursuant to division (H) of	11684
this section, revenues received by any state agency receiving such	11685
a temporary transfer of funds shall, as directed by the	11686
controlling board, be transferred back to the emergency purposes	11687
appropriation.	11688

The board may delegate to the director of budget and	11689
management authority to approve transfers among items of	11690
appropriation under division (A) of this section.	11691

Sec. 127.16. (A) Upon the request of either a state agency	11692
or the director of budget and management and after the controlling	11693
board determines that an emergency or a sufficient economic reason	11694
exists, the controlling board may approve the making of a purchase	11695
without competitive selection as provided in division (B) of this	11696
section.	11697

(B) Except as otherwise provided in this section, no state	11698
agency, using money that has been appropriated to it directly,	11699
shall:	11700

(1) Make any purchase from a particular supplier, that would	11701
amount to fifty thousand dollars or more when combined with both	11702
the amount of all disbursements to the supplier during the fiscal	11703
year for purchases made by the agency and the amount of all	11704
outstanding encumbrances for purchases made by the agency from the	11705
supplier, unless the purchase is made by competitive selection or	11706
with the approval of the controlling board;	11707

(2) Lease real estate from a particular supplier, if the	11708
lease would amount to seventy-five thousand dollars or more when	11709
combined with both the amount of all disbursements to the supplier	11710
during the fiscal year for real estate leases made by the agency	11711
and the amount of all outstanding encumbrances for real estate	11712
leases made by the agency from the supplier, unless the lease is	11713
made by competitive selection or with the approval of the	11714
controlling board.	11715

(C) Any person who authorizes a purchase in violation of	11716
division (B) of this section shall be liable to the state for any	11717
state funds spent on the purchase, and the attorney general shall	11718
collect the amount from the person.	11719

(D) Nothing in division (B) of this section shall be	11720
construed as:	11721

(1) A limitation upon the authority of the director of	11722
transportation as granted in sections 5501.17, 5517.02, and	11723
5525.14 of the Revised Code;	11724

(2) Applying to medicaid provider agreements under Chapter	11725
5111. of the Revised Code;	11726

(3) Applying to the purchase of examinations from a sole	11727
supplier by a state licensing board under Title XLVII of the	11728
Revised Code;	11729

(4) Applying to entertainment contracts for the Ohio state	11730
fair entered into by the Ohio expositions commission, provided	11731
that the controlling board has given its approval to the	11732
commission to enter into such contracts and has approved a total	11733
budget amount for such contracts as agreed upon by commission	11734
action, and that the commission causes to be kept itemized records	11735
of the amounts of money spent under each contract and annually	11736
files those records with the clerk of the house of representatives	11737
and the clerk of the senate following the close of the fair;	11738

(5) Limiting the authority of the chief of the division of	11739
mineral resources management to contract for reclamation work with	11740
an operator mining adjacent land as provided in section 1513.27 of	11741
the Revised Code;	11742

(6) Applying to investment transactions and procedures of any	11743
state agency, except that the agency shall file with the board the	11744
name of any person with whom the agency contracts to make, broker,	11745
service, or otherwise manage its investments, as well as the	11746
commission, rate, or schedule of charges of such person with	11747
respect to any investment transactions to be undertaken on behalf	11748
of the agency. The filing shall be in a form and at such times as	11749
the board considers appropriate.	11750

(7) Applying to purchases made with money for the per cent	11751
for arts program established by section 3379.10 of the Revised	11752
Code;	11753

(8) Applying to purchases made by the rehabilitation services	11754
commission of services, or supplies, that are provided to persons	11755
with disabilities, or to purchases made by the commission in	11756
connection with the eligibility determinations it makes for	11757
applicants of programs administered by the social security	11758
administration;	11759

(9) Applying to payments by the department of job and family	11760
services under section 5111.13 of the Revised Code for group	11761
health plan premiums, deductibles, coinsurance, and other	11762
cost-sharing expenses;	11763

(10) Applying to any agency of the legislative branch of the	11764
state government;	11765

(11) Applying to agreements or contracts entered into under	11766
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	11767
Revised Code;	11768

(12) Applying to purchases of services by the adult parole	11769
authority under section 2967.14 of the Revised Code or by the	11770
department of youth services under section 5139.08 of the Revised	11771
Code;	11772

(13) Applying to dues or fees paid for membership in an	11773
organization or association;	11774

(14) Applying to purchases of utility services pursuant to	11775
section 9.30 of the Revised Code;	11776

(15) Applying to purchases made in accordance with rules	11777
adopted by the department of administrative services of motor	11778
vehicle, aviation, or watercraft fuel, or emergency repairs of	11779
such vehicles;	11780

(16) Applying to purchases of tickets for passenger air	11781
transportation;	11782

(17) Applying to purchases necessary to provide public	11783
notifications required by law or to provide notifications of job	11784
openings;	11785

(18) Applying to the judicial branch of state government;

11786

(19) Applying to purchases of liquor for resale by the	11787
division of liquor control;	11788

(20) Applying to purchases of motor courier and freight	11789
services made in accordance with department of administrative	11790
services rules;	11791

(21) Applying to purchases from the United States postal	11792
service and purchases of stamps and postal meter replenishment	11793
from vendors at rates established by the United States postal	11794
service;	11795

(22) Applying to purchases of books, periodicals, pamphlets,	11796
newspapers, maintenance subscriptions, and other published	11797
materials;	11798

(23) Applying to purchases from other state agencies,	11799
including state-assisted institutions of higher education;	11800

(24) Limiting the authority of the director of environmental	11801
protection to enter into contracts under division (D) of section	11802
3745.14 of the Revised Code to conduct compliance reviews, as	11803
defined in division (A) of that section;	11804

(25) Applying to purchases from a qualified nonprofit agency	11805
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	11806
the Revised Code;	11807

(26) Applying to payments by the department of job and family	11808
services to the United States department of health and human	11809
services for printing and mailing notices pertaining to the tax	11810
refund offset program of the internal revenue service of the	11811
United States department of the treasury;	11812

(27) Applying to contracts entered into by the department of	11813
developmental disabilities under section 5123.18 of the Revised	11814
Code;	11815

(28) Applying to payments made by the department of mental	11816
health under a physician recruitment program authorized by section	11817
5119.101 of the Revised Code;	11818

(29) Applying to contracts entered into with persons by the	11819
director of commerce for unclaimed funds collection and remittance	11820
efforts as provided in division (F) of section 169.03 of the	11821
Revised Code. The director shall keep an itemized accounting of	11822
unclaimed funds collected by those persons and amounts paid to	11823
them for their services.	11824

(30) Applying to purchases made by a state institution of	11825
higher education in accordance with the terms of a contract	11826
between the vendor and an inter-university purchasing group	11827
comprised of purchasing officers of state institutions of higher	11828
education;	11829

(31) Applying to the department of job and family services'	11830
purchases of health assistance services under the children's	11831
health insurance program part I provided for under section 5101.50	11832
of the Revised Code, the children's health insurance program part	11833
II provided for under section 5101.51 of the Revised Code, or the	11834
children's health insurance program part III provided for under	11835
section 5101.52 of the Revised Code~~, or the children's buy-in~~	11836
~~program provided for under sections 5101.5211 to 5101.5216 of the~~	11837
~~Revised Code~~;	11838

(32) Applying to payments by the attorney general from the	11839
reparations fund to hospitals and other emergency medical	11840
facilities for performing medical examinations to collect physical	11841
evidence pursuant to section 2907.28 of the Revised Code;	11842

(33) Applying to contracts with a contracting authority or	11843
administrative receiver under division (B) of section 5126.056 of	11844
the Revised Code;	11845

(34) Applying to purchases of goods and services by the	11846
department of veterans services in accordance with the terms of	11847
contracts entered into by the United States department of veterans	11848
affairs;	11849

(35) Applying to payments by the superintendent of the bureau	11850
of criminal identification and investigation to the federal bureau	11851
of investigation for criminal records checks pursuant to section	11852
109.572 of the Revised Code;	11853

(36) Applying to contracts entered into by the department of	11854
job and family services under section 5111.054 of the Revised	11855
Code.	11856

(E) When determining whether a state agency has reached the	11857
cumulative purchase thresholds established in divisions (B)(1) and	11858
(2) of this section, all of the following purchases by such agency	11859
shall not be considered:	11860

(1) Purchases made through competitive selection or with	11861
controlling board approval;	11862

(2) Purchases listed in division (D) of this section;

11863

(3) For the purposes of the threshold of division (B)(1) of	11864
this section only, leases of real estate.	11865

(F) As used in this section, "competitive selection,"	11866
"purchase," "supplies," and "services" have the same meanings as	11867
in section 125.01 of the Revised Code.	11868

Sec. 127.162. (A) Upon the request of a state agency or the	11869
director of budget and management, the controlling board may	11870
approve the making of a purchase as being in full compliance with	11871
competitive selection if the agency seeking to make the purchase	11872
has met both of the following requirements:	11873

(1) The agency has substantially complied with one of the	11874
following competitive selection or evaluation and selection	11875
processes:	11876

(a) The requirements for competitive sealed bidding under	11877
section 125.07 of the Revised Code;	11878

(b) The requirements for competitive sealed proposals under	11879
section 125.071 of the Revised Code;	11880

(c) The requirements for reverse auctions under section	11881
125.072 of the Revised Code;	11882

(d) The evaluation and selection requirements for	11883
professional design services under section 153.69 of the Revised	11884
Code.	11885

(2) The agency has provided in its request to the board a	11886
detailed explanation of the type of competitive selection or	11887
evaluation and selection process with which it was seeking to	11888
comply and the specific requirements of that type of competitive	11889
selection or evaluation and selection with which the agency has	11890
failed to comply.	11891

(B) The controlling board, by a majority vote, may disapprove	11892
or defer a request submitted under this section or request that	11893
the agency resubmit the request pursuant to section 127.16 of the	11894
Revised Code if the agency fails to demonstrate substantial	11895
compliance with the relevant competitive selection or evaluation	11896
and selection requirements.	11897

(C) Nothing in this section shall be construed to modify the	11898
cumulative purchasing thresholds established in divisions (B) and	11899
(E) of section 127.16 of the Revised Code.	11900

Sec. 127.19. There is hereby created in the state treasury	11901
the controlling board emergency purposes fund, consisting of	11902
transfers from the general revenue fund and any other funds	11903
appropriated by the general assembly. Moneys in the fund may be	11904
used by the controlling board at the request of a state agency or	11905
the director of budget and management for the purpose of providing	11906
disaster and emergency aid to state agencies and political	11907
subdivisions or for other purposes approved by the controlling	11908
board.	11909

Sec. 131.02. (A) Except as otherwise provided in section	11910
4123.37 and division (K) of section 4123.511 of the Revised Code,	11911
whenever any amount is payable to the state, the officer,	11912
employee, or agent responsible for administering the law under	11913
which the amount is payable shall immediately proceed to collect	11914
the amount or cause the amount to be collected and shall pay the	11915
amount into the state treasury or into the appropriate custodial	11916
fund in the manner set forth pursuant to section 113.08 of the	11917
Revised Code. Except as otherwise provided in this division, if	11918
the amount is not paid within forty-five days after payment is	11919
due, the officer, employee, or agent shall certify the amount due	11920
to the attorney general, in the form and manner prescribed by the	11921
attorney general, and notify the director of budget and management	11922
thereof. In the case of an amount payable by a student enrolled in	11923
a state institution of higher education, the amount shall be	11924
certified within the later of forty-five days after the amount is	11925
due or the tenth day after the beginning of the next academic	11926
semester, quarter, or other session following the session for	11927
which the payment is payable. The attorney general may assess the	11928
collection cost to the amount certified in such manner and amount	11929
as prescribed by the attorney general. If an amount payable to a	11930
political subdivision is past due, the political subdivision may,	11931
with the approval of the attorney general, certify the amount to	11932
the attorney general pursuant to this section.	11933

For the purposes of this section, the attorney general and	11934
the officer, employee, or agent responsible for administering the	11935
law under which the amount is payable shall agree on the time a	11936
payment is due, and that agreed upon time shall be one of the	11937
following times:	11938

(1) If a law, including an administrative rule, of this state	11939
prescribes the time a payment is required to be made or reported,	11940
when the payment is required by that law to be paid or reported.	11941

(2) If the payment is for services rendered, when the	11942
rendering of the services is completed.	11943

(3) If the payment is reimbursement for a loss, when the loss	11944
is incurred.	11945

(4) In the case of a fine or penalty for which a law or	11946
administrative rule does not prescribe a time for payment, when	11947
the fine or penalty is first assessed.	11948

(5) If the payment arises from a legal finding, judgment, or	11949
adjudication order, when the finding, judgment, or order is	11950
rendered or issued.	11951

(6) If the payment arises from an overpayment of money by the	11952
state to another person, when the overpayment is discovered.	11953

(7) The date on which the amount for which an individual is	11954
personally liable under section 5735.35, section 5739.33, or	11955
division (G) of section 5747.07 of the Revised Code is determined.	11956

(8) Upon proof of claim being filed in a bankruptcy case.

11957

(9) Any other appropriate time determined by the attorney	11958
general and the officer, employee, or agent responsible for	11959
administering the law under which the amount is payable on the	11960
basis of statutory requirements or ordinary business processes of	11961
the state agency to which the payment is owed.	11962

(B)(1) The attorney general shall give immediate notice by	11963
mail or otherwise to the party indebted of the nature and amount	11964
of the indebtedness.	11965

(2) If the amount payable to this state arises from a tax	11966
levied under Chapter 5733., 5739., 5741., 5747., or 5751. of the	11967
Revised Code, the notice also shall specify all of the following:	11968

(a) The assessment or case number;

11969

(b) The tax pursuant to which the assessment is made;

11970

(c) The reason for the liability, including, if applicable,	11971
that a penalty or interest is due;	11972

(d) An explanation of how and when interest will be added to	11973
the amount assessed;	11974

(e) That the attorney general and tax commissioner, acting	11975
together, have the authority, but are not required, to compromise	11976
the claim and accept payment over a reasonable time, if such	11977
actions are in the best interest of the state.	11978

(C) The attorney general shall collect the claim or secure a	11979
judgment and issue an execution for its collection.	11980

(D) Each claim shall bear interest, from the day on which the	11981
claim became due, at the rate per annum required by section	11982
5703.47 of the Revised Code.	11983

(E) The attorney general and the chief officer of the agency	11984
reporting a claim, acting together, may do any of the following if	11985
such action is in the best interests of the state:	11986

(1) Compromise the claim;

11987

(2) Extend for a reasonable period the time for payment of	11988
the claim by agreeing to accept monthly or other periodic	11989
payments. The agreement may require security for payment of the	11990
claim.	11991

(3) Add fees to recover the cost of processing checks or	11992
other draft instruments returned for insufficient funds and the	11993
cost of providing electronic payment options.	11994

(F)(1) Except as provided in division (F)(2) of this section,	11995
if the attorney general finds, after investigation, that any claim	11996
due and owing to the state is uncollectible, the attorney general,	11997
with the consent of the chief officer of the agency reporting the	11998
claim, may do the following:	11999

(a) Sell, convey, or otherwise transfer the claim to one or	12000
more private entities for collection;	12001

(b) Cancel the claim or cause it to be canceled.

12002

(2) The attorney general shall cancel or cause to be canceled	12003
an unsatisfied claim on the date that is forty years after the	12004
date the claim is certified.	12005

(3) No initial action shall be commenced to collect any tax	12006
payable to the state that is administered by the tax commissioner,	12007
whether or not such tax is subject to division (B) of this	12008
section, or any penalty, interest, or additional charge on such	12009
tax, after the expiration of the period ending on the later of the	12010
dates specified in divisions (F)(3)(a) and (b) of this section,	12011
provided that such period shall be extended by the period of any	12012
stay to such collection or by any other period to which the	12013
parties mutually agree. If the initial action in aid of execution	12014
is commenced before the later of the dates specified in divisions	12015
(F)(3)(a) and (b) of this section, any and all subsequent actions	12016
may be pursued in aid of execution of judgment for as long as the	12017
debt exists.	12018

(a) Seven years after the assessment of the tax, penalty,	12019
interest, or additional charge is issued.	12020

(b) Four years after the assessment of the tax, penalty,	12021
interest, or additional charge becomes final. For the purposes of	12022
division (F)(3)(b) of this section, the assessment becomes final	12023
at the latest of the following: upon expiration of the period to	12024
petition for reassessment, or if applicable, to appeal a final	12025
determination of the commissioner or decision of the board of tax	12026
appeals or a court, or, if applicable, upon decision of the United	12027
States supreme court.	12028

For the purposes of division (F)(3) of this section, an	12029
initial action to collect a tax debt is commenced at the time when	12030
any action, including any action in aid of execution on a	12031
judgment, commences after a certified copy of the tax	12032
commissioner's entry making an assessment final has been filed in	12033
the office of the clerk of court of common pleas in the county in	12034
which the taxpayer resides or has its principal place of business	12035
in this state, or in the office of the clerk of court of common	12036
pleas of Franklin county, as provided in section 5739.13, 5741.14,	12037
5747.13, or 5751.09 of the Revised Code or in any other applicable	12038
law requiring such a filing. If an assessment has not been issued	12039
and there is no time limitation on the issuance of an assessment	12040
under applicable law, an action to collect a tax debt commences	12041
when the action is filed in the courts of this state to collect	12042
the liability.	12043

(4) If information contained in a claim that is sold,	12044
conveyed, or transferred to a private entity pursuant to this	12045
section is confidential pursuant to federal law or a section of	12046
the Revised Code that implements a federal law governing	12047
confidentiality, such information remains subject to that law	12048
during and following the sale, conveyance, or transfer.	12049

Sec. 131.024. (A) The attorney general may, not later than	12050
the first day of February of each year, send to the director of	12051
commerce a request containing the name, address, and social	12052
security number of any person who owes a claim that has been	12053
certified to the attorney general under section 131.02 of the	12054
Revised Code and request that the director provide information to	12055
the attorney general as required in division (B) of this section.	12056
If the information the director provides identifies or results in	12057
identifying unclaimed funds held by the state for an obligor in	12058
default, the attorney general may file a claim under section	12059
169.08 of the Revised Code to recover the unclaimed funds. If the	12060
director allows the claim, the director shall pay the claim	12061
directly to the attorney general. The director shall not disallow	12062
a claim made by the attorney general because the attorney general	12063
is not the owner of the unclaimed funds according to the report	12064
made under section 169.03 of the Revised Code.	12065

(B) The director of commerce shall provide the attorney	12066
general, not later than the first day of March of each year, the	12067
name, address, social security number, if the social security	12068
number is available, and any other identifying information for any	12069
individual included in a request sent by the attorney general	12070
pursuant to division (A) of this section who has unclaimed funds	12071
delivered or reported to the state under Chapter 169. of the	12072
Revised Code.	12073

(C) The attorney general, in consultation with the department	12074
of commerce, may adopt rules under Chapter 119. of the Revised	12075
Code to aid in the implementation of this section.	12076

Sec. 131.23. The various political subdivisions of this	12077
state may issue bonds, and any indebtedness created by that	12078
issuance shall not be subject to the limitations or included in	12079
the calculation of indebtedness prescribed by sections 133.05,	12080
133.06, 133.07, and 133.09 of the Revised Code, but the bonds may	12081
be issued only under the following conditions:	12082

(A) The subdivision desiring to issue the bonds shall obtain	12083
from the county auditor a certificate showing the total amount of	12084
delinquent taxes due and unpayable to the subdivision at the last	12085
semiannual tax settlement.	12086

(B) The fiscal officer of that subdivision shall prepare a	12087
statement, from the books of the subdivision, verified by the	12088
fiscal officer under oath, which shall contain the following facts	12089
of the subdivision:	12090

(1) The total bonded indebtedness;

12091

(2) The aggregate amount of notes payable or outstanding	12092
accounts of the subdivision, incurred prior to the commencement of	12093
the current fiscal year, which shall include all evidences of	12094
indebtedness issued by the subdivision except notes issued in	12095
anticipation of bond issues and the indebtedness of any	12096
nontax-supported public utility;	12097

(3) Except in the case of school districts, the aggregate	12098
current year's requirement for disability financial assistance	12099
provided under Chapter 5115. of the Revised Code that the	12100
subdivision is unable to finance except by the issue of bonds;	12101

(4) The indebtedness outstanding through the issuance of any	12102
bonds or notes pledged or obligated to be paid by any delinquent	12103
taxes;	12104

(5) The total of any other indebtedness;

12105

(6) The net amount of delinquent taxes unpledged to pay any	12106
bonds, notes, or certificates, including delinquent assessments on	12107
improvements on which the bonds have been paid;	12108

(7) The budget requirements for the fiscal year for bond and	12109
note retirement;	12110

(8) The estimated revenue for the fiscal year.

12111

(C) The certificate and statement provided for in divisions	12112
(A) and (B) of this section shall be forwarded to the tax	12113
commissioner together with a request for authority to issue bonds	12114
of the subdivision in an amount not to exceed seventy per cent of	12115
the net unobligated delinquent taxes and assessments due and owing	12116
to the subdivision, as set forth in division (B)(6) of this	12117
section.	12118

(D) No subdivision may issue bonds under this section in	12119
excess of a sufficient amount to pay the indebtedness of the	12120
subdivision as shown by division (B)(2) of this section and,	12121
except in the case of school districts, to provide funds for	12122
disability financial assistance as shown by division (B)(3) of	12123
this section.	12124

(E) The tax commissioner shall grant to the subdivision	12125
authority requested by the subdivision as restricted by divisions	12126
(C) and (D) of this section and shall make a record of the	12127
certificate, statement, and grant in a record book devoted solely	12128
to such recording and which shall be open to inspection by the	12129
public.	12130

(F) The commissioner shall immediately upon issuing the	12131
authority provided in division (E) of this section notify the	12132
proper authority having charge of the retirement of bonds of the	12133
subdivision by forwarding a copy of the grant of authority and of	12134
the statement provided for in division (B) of this section.	12135

(G) Upon receipt of authority, the subdivision shall proceed	12136
according to law to issue the amount of bonds authorized by the	12137
commissioner, and authorized by the taxing authority, provided the	12138
taxing authority of that subdivision may submit, by resolution, to	12139
the electors of that subdivision the question of issuing the	12140
bonds. The resolution shall make the declarations and statements	12141
required by section 133.18 of the Revised Code. The county auditor	12142
and taxing authority shall thereupon proceed as set forth in	12143
divisions (C) and (D) of that section. The election on the	12144
question of issuing the bonds shall be held under divisions (E),	12145
(F), and (G) of that section, except that publication of the	12146
notice of the election shall be made on two separate days prior to	12147
the election in ~~one or more newspapers~~a newspaper of general	12148
circulation in the subdivision~~, and, if~~or as provided in section	12149
7.16 of the Revised Code. If the board of elections operates and	12150
maintains a web site, notice of the election also shall be posted	12151
on that web site for thirty days prior to the election. The bonds	12152
may be exchanged at their face value with creditors of the	12153
subdivision in liquidating the indebtedness described and	12154
enumerated in division (B)(2) of this section or may be sold as	12155
provided in Chapter 133. of the Revised Code, and in either event	12156
shall be uncontestable.	12157

(H) The per cent of delinquent taxes and assessments	12158
collected for and to the credit of the subdivision after the	12159
exchange or sale of bonds as certified by the commissioner shall	12160
be paid to the authority having charge of the sinking fund of the	12161
subdivision, which money shall be placed in a separate fund for	12162
the purpose of retiring the bonds so issued. The proper authority	12163
of the subdivisions shall provide for the levying of a tax	12164
sufficient in amount to pay the debt charges on all such bonds	12165
issued under this section.	12166

(I) This section is for the sole purpose of assisting the	12167
various subdivisions in paying their unsecured indebtedness, and	12168
providing funds for disability financial assistance. The bonds	12169
issued under authority of this section shall not be used for any	12170
other purpose, and any exchange for other purposes, or the use of	12171
the money derived from the sale of the bonds by the subdivision	12172
for any other purpose, is misapplication of funds.	12173

(J) The bonds authorized by this section shall be redeemable	12174
or payable in not to exceed ten years from date of issue and shall	12175
not be subject to or considered in calculating the net	12176
indebtedness of the subdivision. The budget commission of the	12177
county in which the subdivision is located shall annually allocate	12178
such portion of the then delinquent levy due the subdivision which	12179
is unpledged for other purposes to the payment of debt charges on	12180
the bonds issued under authority of this section.	12181

(K) The issue of bonds under this section shall be governed	12182
by Chapter 133. of the Revised Code, respecting the terms used,	12183
forms, manner of sale, and redemption except as otherwise provided	12184
in this section.	12185

The board of county commissioners of any county may issue	12186
bonds authorized by this section and distribute the proceeds of	12187
the bond issues to any or all of the cities and townships of the	12188
county, according to their relative needs for disability financial	12189
assistance as determined by the county.	12190

All sections of the Revised Code inconsistent with or	12191
prohibiting the exercise of the authority conferred by this	12192
section are inoperative respecting bonds issued under this	12193
section.	12194

Sec. 131.44. (A) As used in this section:

12195

(1) "Surplus revenue" means the excess, if any, of the total	12196
fund balance over the required year-end balance.	12197

(2) "Total fund balance" means the sum of the unencumbered	12198
balance in the general revenue fund on the last day of the	12199
preceding fiscal year plus the balance in the budget stabilization	12200
fund.	12201

(3) "Required year-end balance" means the sum of the	12202
following:	12203

(a) Five per cent of the general revenue fund revenues for	12204
the preceding fiscal year;	12205

(b) "Ending fund balance," which means one-half of one per	12206
cent of general revenue fund revenues for the preceding fiscal	12207
year;	12208

(c) "Carryover balance," which means, with respect to a	12209
fiscal biennium, the excess, if any, of the estimated general	12210
revenue fund appropriation and transfer requirement for the second	12211
fiscal year of the biennium over the estimated general revenue	12212
fund revenue for that fiscal year;	12213

(d) "Capital appropriation reserve," which means the amount,	12214
if any, of general revenue fund capital appropriations made for	12215
the current biennium that the director of budget and management	12216
has determined will be encumbered or disbursed;	12217

(e) "Income tax reduction impact reserve," which means an	12218
amount equal to the reduction projected by the director of budget	12219
and management in income tax revenue in the current fiscal year	12220
attributable to the previous reduction in the income tax rate made	12221
by the tax commissioner pursuant to division (B) of section	12222
5747.02 of the Revised Code.	12223

(4) "Estimated general revenue fund appropriation and	12224
transfer requirement" means the most recent adjusted	12225
appropriations made by the general assembly from the general	12226
revenue fund and includes both of the following:	12227

(a) Appropriations made and transfers of appropriations from	12228
the first fiscal year to the second fiscal year of the biennium in	12229
provisions of acts of the general assembly signed by the governor	12230
but not yet effective;	12231

(b) Transfers of ~~appropriation~~appropriations from the first	12232
fiscal year to the second fiscal year of the biennium approved by	12233
the controlling board.	12234

(5) "Estimated general revenue fund revenue" means the most	12235
recent such estimate available to the director of budget and	12236
management.	12237

(B)(1) Not later than the thirty-first day of July each year,	12238
the director of budget and management shall determine the surplus	12239
revenue that existed on the preceding thirtieth day of June and	12240
transfer from the general revenue fund, to the extent of the	12241
unobligated, unencumbered balance on the preceding thirtieth day	12242
of June in excess of one-half of one per cent of the general	12243
revenue fund revenues in the preceding fiscal year, the following:	12244

(a) First, to the budget stabilization fund, any amount	12245
necessary for the balance of the budget stabilization fund to	12246
equal five per cent of the general revenue fund revenues of the	12247
preceding fiscal year;	12248

(b) Then, to the income tax reduction fund, which is hereby	12249
created in the state treasury, an amount equal to the surplus	12250
revenue.	12251

(2) Not later than the thirty-first day of July each year,	12252
the director shall determine the percentage that the balance in	12253
the income tax reduction fund is of the amount of revenue that the	12254
director estimates will be received from the tax levied under	12255
section 5747.02 of the Revised Code in the current fiscal year	12256
without regard to any reduction under division (B) of that	12257
section. If that percentage exceeds thirty-five one hundredths of	12258
one per cent, the director shall certify the percentage to the tax	12259
commissioner not later than the thirty-first day of July.	12260

(C) The director of budget and management shall transfer	12261
money in the income tax reduction fund to the general revenue	12262
fund, the local government fund, and the public library fund as	12263
necessary to offset revenue reductions resulting from the	12264
reductions in taxes required under division (B) of section 5747.02	12265
of the Revised Code in the respective amounts and percentages	12266
prescribed by division (A) of section 5747.03 and divisions ~~(A)~~(B)	12267
and ~~(B)~~(C) of section 131.51 of the Revised Code as if the amount	12268
transferred had been collected as taxes under Chapter 5747. of the	12269
Revised Code. If no reductions in taxes are made under that	12270
division that affect revenue received in the current fiscal year,	12271
the director shall not transfer money from the income tax	12272
reduction fund to the general revenue fund, the local government	12273
fund, and the public library fund.	12274

Sec. 131.51. (A) ~~Beginning January 2008, on~~On or before	12275
July 5, 2013, the tax commissioner shall compute the following	12276
amounts and certify those amounts to the director of budget and	12277
management:	12278

(1) A percentage calculated by multiplying one hundred by the	12279
quotient obtained by dividing the total amount credited to the	12280
local government fund in fiscal year 2013 by the total amount of	12281
tax revenue credited to the general revenue fund in fiscal year	12282
2013. The percentage shall be rounded to the nearest one-hundredth	12283
of one per cent.	12284

(2) A percentage calculated by multiplying one hundred by the	12285
quotient obtained by dividing the total amount credited to the	12286
public library fund in fiscal year 2013 by the total amount of tax	12287
revenue credited to the general revenue fund in fiscal year 2013.	12288
The percentage shall be rounded to the nearest one-hundredth of	12289
one per cent.	12290

(B) On or before the ~~fifth~~seventh day of each month, the	12291
director of budget and management shall credit to the local	12292
government fund ~~three and sixty-eight one hundredths per cent of~~	12293
an amount equal to the product obtained by multiplying the	12294
percentage calculated under division (A)(1) of this section by the	12295
total tax revenue credited to the general revenue fund during the	12296
preceding month. ~~In determining the total tax revenue credited to~~	12297
~~the general revenue fund during the preceding month, the director~~	12298
~~shall include amounts transferred from that fund during the~~	12299
~~preceding month pursuant to divisions (A) and (B) of this section.~~	12300
Money shall be distributed from the local government fund as	12301
required under section 5747.50 of the Revised Code during the same	12302
month in which it is credited to the fund.	12303

~~(B) Beginning January 2008, on~~(C) On or before the ~~fifth~~	12304
seventh day of each month, the director of budget and management	12305
shall credit to the public library fund~~, two and twenty-two one~~	12306
~~hundredths per cent of~~an amount equal to the product obtained by	12307
multiplying the percentage calculated under division (A)(2) of	12308
this section by the total tax revenue credited to the general	12309
revenue fund during the preceding month. ~~In determining the total~~	12310
~~tax revenue credited to the general revenue fund during the~~	12311
~~preceding month, the director shall include amounts transferred~~	12312
~~from that fund during the preceding month pursuant to divisions~~	12313
~~(A) and (B) of this section.~~ Money shall be distributed from the	12314
public library fund as required under section 5747.47 of the	12315
Revised Code during the same month in which it is credited to the	12316
fund.	12317

~~(C)~~(D) The director of budget and management shall develop a	12318
schedule identifying the specific tax revenue sources to be used	12319
to make the monthly transfers required under divisions ~~(A)~~(B) and	12320
~~(B)~~(C) of this section. The director may, from time to time,	12321
revise the schedule as the director considers necessary.	12322

Sec. 133.01. As used in this chapter, in sections 9.95,	12323
9.96, and 2151.655 of the Revised Code, in other sections of the	12324
Revised Code that make reference to this chapter unless the	12325
context does not permit, and in related proceedings, unless	12326
otherwise expressly provided:	12327

(A) "Acquisition" as applied to real or personal property	12328
includes, among other forms of acquisition, acquisition by	12329
exercise of a purchase option, and acquisition of interests in	12330
property, including, without limitation, easements and	12331
rights-of-way, and leasehold and other lease interests initially	12332
extending or extendable for a period of at least sixty months.	12333

(B) "Anticipatory securities" means securities, including	12334
notes, issued in anticipation of the issuance of other securities.	12335

(C) "Board of elections" means the county board of elections	12336
of the county in which the subdivision is located. If the	12337
subdivision is located in more than one county, "board of	12338
elections" means the county board of elections of the county that	12339
contains the largest portion of the population of the subdivision	12340
or that otherwise has jurisdiction in practice over and	12341
customarily handles election matters relating to the subdivision.	12342

(D) "Bond retirement fund" means the bond retirement fund	12343
provided for in section 5705.09 of the Revised Code, and also	12344
means a sinking fund or any other special fund, regardless of the	12345
name applied to it, established by or pursuant to law or the	12346
proceedings for the payment of debt charges. Provision may be made	12347
in the applicable proceedings for the establishment in a bond	12348
retirement fund of separate accounts relating to debt charges on	12349
particular securities, or on securities payable from the same or	12350
common sources, and for the application of moneys in those	12351
accounts only to specified debt charges on specified securities or	12352
categories of securities. Subject to law and any provisions in the	12353
applicable proceedings, moneys in a bond retirement fund or	12354
separate account in a bond retirement fund may be transferred to	12355
other funds and accounts.	12356

(E) "Capitalized interest" means all or a portion of the	12357
interest payable on securities from their date to a date stated or	12358
provided for in the applicable legislation, which interest is to	12359
be paid from the proceeds of the securities.	12360

(F) "Chapter 133. securities" means securities authorized by	12361
or issued pursuant to or in accordance with this chapter.	12362

(G) "County auditor" means the county auditor of the county	12363
in which the subdivision is located. If the subdivision is located	12364
in more than one county, "county auditor" means the county auditor	12365
of the county that contains the highest amount of the tax	12366
valuation of the subdivision or that otherwise has jurisdiction in	12367
practice over and customarily handles property tax matters	12368
relating to the subdivision. In the case of a county that has	12369
adopted a charter, "county auditor" means the officer who	12370
generally has the duties and functions provided in the Revised	12371
Code for a county auditor.	12372

(H) "Credit enhancement facilities" means letters of credit,	12373
lines of credit, stand-by, contingent, or firm securities purchase	12374
agreements, insurance, or surety arrangements, guarantees, and	12375
other arrangements that provide for direct or contingent payment	12376
of debt charges, for security or additional security in the event	12377
of nonpayment or default in respect of securities, or for making	12378
payment of debt charges to and at the option and on demand of	12379
securities holders or at the option of the issuer or upon certain	12380
conditions occurring under put or similar arrangements, or for	12381
otherwise supporting the credit or liquidity of the securities,	12382
and includes credit, reimbursement, marketing, remarketing,	12383
indexing, carrying, interest rate hedge, and subrogation	12384
agreements, and other agreements and arrangements for payment and	12385
reimbursement of the person providing the credit enhancement	12386
facility and the security for that payment and reimbursement.	12387

(I) "Current operating expenses" or "current expenses" means	12388
the lawful expenditures of a subdivision, except those for	12389
permanent improvements and for payments of debt charges of the	12390
subdivision.	12391

(J) "Debt charges" means the principal, including any	12392
mandatory sinking fund deposits and mandatory redemption payments,	12393
interest, and any redemption premium, payable on securities as	12394
those payments come due and are payable. The use of "debt charges"	12395
for this purpose does not imply that any particular securities	12396
constitute debt within the meaning of the Ohio Constitution or	12397
other laws.	12398

(K) "Financing costs" means all costs and expenses relating	12399
to the authorization, including any required election, issuance,	12400
sale, delivery, authentication, deposit, custody, clearing,	12401
registration, transfer, exchange, fractionalization, replacement,	12402
payment, and servicing of securities, including, without	12403
limitation, costs and expenses for or relating to publication and	12404
printing, postage, delivery, preliminary and final official	12405
statements, offering circulars, and informational statements,	12406
travel and transportation, underwriters, placement agents,	12407
investment bankers, paying agents, registrars, authenticating	12408
agents, remarketing agents, custodians, clearing agencies or	12409
corporations, securities depositories, financial advisory	12410
services, certifications, audits, federal or state regulatory	12411
agencies, accounting and computation services, legal services and	12412
obtaining approving legal opinions and other legal opinions,	12413
credit ratings, redemption premiums, and credit enhancement	12414
facilities. Financing costs may be paid from any moneys available	12415
for the purpose, including, unless otherwise provided in the	12416
proceedings, from the proceeds of the securities to which they	12417
relate and, as to future financing costs, from the same sources	12418
from which debt charges on the securities are paid and as though	12419
debt charges.	12420

(L) "Fiscal officer" means the following, or, in the case of	12421
absence or vacancy in the office, a deputy or assistant authorized	12422
by law or charter to act in the place of the named officer, or if	12423
there is no such authorization then the deputy or assistant	12424
authorized by legislation to act in the place of the named officer	12425
for purposes of this chapter, in the case of the following	12426
subdivisions:	12427

(1) A county, the county auditor;

12428

(2) A municipal corporation, the city auditor or village	12429
clerk or clerk-treasurer, or the officer who, by virtue of a	12430
charter, has the duties and functions provided in the Revised Code	12431
for the city auditor or village clerk or clerk-treasurer;	12432

(3) A school district, the treasurer of the board of	12433
education;	12434

(4) A regional water and sewer district, the secretary of the	12435
board of trustees;	12436

(5) A joint township hospital district, the treasurer of the	12437
district;	12438

(6) A joint ambulance district, the clerk of the board of	12439
trustees;	12440

(7) A joint recreation district, the person designated	12441
pursuant to section 755.15 of the Revised Code;	12442

(8) A detention facility district or a district organized	12443
under section 2151.65 of the Revised Code or a combined district	12444
organized under sections 2152.41 and 2151.65 of the Revised Code,	12445
the county auditor of the county designated by law to act as the	12446
auditor of the district;	12447

(9) A township, a fire district organized under division (C)	12448
of section 505.37 of the Revised Code, or a township police	12449
district, the fiscal officer of the township;	12450

(10) A joint fire district, the clerk of the board of	12451
trustees of that district;	12452

(11) A regional or county library district, the person	12453
responsible for the financial affairs of that district;	12454

(12) A joint solid waste management district, the fiscal	12455
officer appointed by the board of directors of the district under	12456
section 343.01 of the Revised Code;	12457

(13) A joint emergency medical services district, the person	12458
appointed as fiscal officer pursuant to division (D) of section	12459
307.053 of the Revised Code;	12460

(14) A fire and ambulance district, the person appointed as	12461
fiscal officer under division (B) of section 505.375 of the	12462
Revised Code;	12463

(15) A subdivision described in division (MM)~~(17)~~(19) of this	12464
section, the officer who is designated by law as or performs the	12465
functions of its chief fiscal officer;	12466

(16) A joint police district, the treasurer of the district;

12467

(17) A lake facilities authority, the fiscal officer	12468
designated under section 353.02 of the Revised Code.	12469

(M) "Fiscal year" has the same meaning as in section 9.34 of	12470
the Revised Code.	12471

(N) "Fractionalized interests in public obligations" means	12472
participations, certificates of participation, shares, or other	12473
instruments or agreements, separate from the public obligations	12474
themselves, evidencing ownership of interests in public	12475
obligations or of rights to receive payments of, or on account of,	12476
principal or interest or their equivalents payable by or on behalf	12477
of an obligor pursuant to public obligations.	12478

(O) "Fully registered securities" means securities in	12479
certificated or uncertificated form, registered as to both	12480
principal and interest in the name of the owner.	12481

(P) "Fund" means to provide for the payment of debt charges	12482
and expenses related to that payment at or prior to retirement by	12483
purchase, call for redemption, payment at maturity, or otherwise.	12484

(Q) "General obligation" means securities to the payment of	12485
debt charges on which the full faith and credit and the general	12486
property taxing power, including taxes within the tax limitation	12487
if available to the subdivision, of the subdivision are pledged.	12488

(R) "Interest" or "interest equivalent" means those payments	12489
or portions of payments, however denominated, that constitute or	12490
represent consideration for forbearing the collection of money, or	12491
for deferring the receipt of payment of money to a future time.	12492

(S) "Internal Revenue Code" means the "Internal Revenue Code	12493
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and	12494
includes any laws of the United States providing for application	12495
of that code.	12496

(T) "Issuer" means any public issuer and any nonprofit	12497
corporation authorized to issue securities for or on behalf of any	12498
public issuer.	12499

(U) "Legislation" means an ordinance or resolution passed by	12500
a majority affirmative vote of the then members of the taxing	12501
authority unless a different vote is required by charter	12502
provisions governing the passage of the particular legislation by	12503
the taxing authority.	12504

(V) "Mandatory sinking fund redemption requirements" means	12505
amounts required by proceedings to be deposited in a bond	12506
retirement fund for the purpose of paying in any year or fiscal	12507
year by mandatory redemption prior to stated maturity the	12508
principal of securities that is due and payable, except for	12509
mandatory prior redemption requirements as provided in those	12510
proceedings, in a subsequent year or fiscal year.	12511

(W) "Mandatory sinking fund requirements" means amounts	12512
required by proceedings to be deposited in a year or fiscal year	12513
in a bond retirement fund for the purpose of paying the principal	12514
of securities that is due and payable in a subsequent year or	12515
fiscal year.	12516

(X) "Net indebtedness" has the same meaning as in division	12517
(A) of section 133.04 of the Revised Code.	12518

(Y) "Obligor," in the case of securities or fractionalized	12519
interests in public obligations issued by another person the debt	12520
charges or their equivalents on which are payable from payments	12521
made by a public issuer, means that public issuer.	12522

(Z) "One purpose" relating to permanent improvements means	12523
any one permanent improvement or group or category of permanent	12524
improvements for the same utility, enterprise, system, or project,	12525
development or redevelopment project, or for or devoted to the	12526
same general purpose, function, or use or for which	12527
self-supporting securities, based on the same or different sources	12528
of revenues, may be issued or for which special assessments may be	12529
levied by a single ordinance or resolution. "One purpose"	12530
includes, but is not limited to, in any case any off-street	12531
parking facilities relating to another permanent improvement, and:	12532

(1) Any number of roads, highways, streets, bridges,	12533
sidewalks, and viaducts;	12534

(2) Any number of off-street parking facilities;

12535

(3) In the case of a county, any number of permanent	12536
improvements for courthouse, jail, county offices, and other	12537
county buildings, and related facilities;	12538

(4) In the case of a school district, any number of	12539
facilities and buildings for school district purposes, and related	12540
facilities.	12541

(AA) "Outstanding," referring to securities, means securities	12542
that have been issued, delivered, and paid for, except any of the	12543
following:	12544

(1) Securities canceled upon surrender, exchange, or	12545
transfer, or upon payment or redemption;	12546

(2) Securities in replacement of which or in exchange for	12547
which other securities have been issued;	12548

(3) Securities for the payment, or redemption or purchase for	12549
cancellation prior to maturity, of which sufficient moneys or	12550
investments, in accordance with the applicable legislation or	12551
other proceedings or any applicable law, by mandatory sinking fund	12552
redemption requirements, mandatory sinking fund requirements, or	12553
otherwise, have been deposited, and credited for the purpose in a	12554
bond retirement fund or with a trustee or paying or escrow agent,	12555
whether at or prior to their maturity or redemption, and, in the	12556
case of securities to be redeemed prior to their stated maturity,	12557
notice of redemption has been given or satisfactory arrangements	12558
have been made for giving notice of that redemption, or waiver of	12559
that notice by or on behalf of the affected security holders has	12560
been filed with the subdivision or its agent for the purpose.	12561

(BB) "Paying agent" means the one or more banks, trust	12562
companies, or other financial institutions or qualified persons,	12563
including an appropriate office or officer of the subdivision,	12564
designated as a paying agent or place of payment of debt charges	12565
on the particular securities.	12566

(CC) "Permanent improvement" or "improvement" means any	12567
property, asset, or improvement certified by the fiscal officer,	12568
which certification is conclusive, as having an estimated life or	12569
period of usefulness of five years or more, and includes, but is	12570
not limited to, real estate, buildings, and personal property and	12571
interests in real estate, buildings, and personal property,	12572
equipment, furnishings, and site improvements, and reconstruction,	12573
rehabilitation, renovation, installation, improvement,	12574
enlargement, and extension of property, assets, or improvements so	12575
certified as having an estimated life or period of usefulness of	12576
five years or more. The acquisition of all the stock ownership of	12577
a corporation is the acquisition of a permanent improvement to the	12578
extent that the value of that stock is represented by permanent	12579
improvements. A permanent improvement for parking, highway, road,	12580
and street purposes includes resurfacing, but does not include	12581
ordinary repair.	12582

(DD) "Person" has the same meaning as in section 1.59 of the	12583
Revised Code and also includes any federal, state, interstate,	12584
regional, or local governmental agency, any subdivision, and any	12585
combination of those persons.	12586

(EE) "Proceedings" means the legislation, certifications,	12587
notices, orders, sale proceedings, trust agreement or indenture,	12588
mortgage, lease, lease-purchase agreement, assignment, credit	12589
enhancement facility agreements, and other agreements,	12590
instruments, and documents, as amended and supplemented, and any	12591
election proceedings, authorizing, or providing for the terms and	12592
conditions applicable to, or providing for the security or sale or	12593
award of, public obligations, and includes the provisions set	12594
forth or incorporated in those public obligations and proceedings.	12595

(FF) "Public issuer" means any of the following that is	12596
authorized by law to issue securities or enter into public	12597
obligations:	12598

(1) The state, including an agency, commission, officer,	12599
institution, board, authority, or other instrumentality of the	12600
state;	12601

(2) A taxing authority, subdivision, district, or other local	12602
public or governmental entity, and any combination or consortium,	12603
or public division, district, commission, authority, department,	12604
board, officer, or institution, thereof;	12605

(3) Any other body corporate and politic, or other public	12606
entity.	12607

(GG) "Public obligations" means both of the following:

12608

(1) Securities;

12609

(2) Obligations of a public issuer to make payments under	12610
installment sale, lease, lease purchase, or similar agreements,	12611
which obligations may bear interest or interest equivalent.	12612

(HH) "Refund" means to fund and retire outstanding	12613
securities, including advance refunding with or without payment or	12614
redemption prior to maturity.	12615

(II) "Register" means the books kept and maintained by the	12616
registrar for registration, exchange, and transfer of registered	12617
securities.	12618

(JJ) "Registrar" means the person responsible for keeping the	12619
register for the particular registered securities, designated by	12620
or pursuant to the proceedings.	12621

(KK) "Securities" means bonds, notes, certificates of	12622
indebtedness, commercial paper, and other instruments in writing,	12623
including, unless the context does not admit, anticipatory	12624
securities, issued by an issuer to evidence its obligation to	12625
repay money borrowed, or to pay interest, by, or to pay at any	12626
future time other money obligations of, the issuer of the	12627
securities, but not including public obligations described in	12628
division (GG)(2) of this section.	12629

(LL) "Self-supporting securities" means securities or	12630
portions of securities issued for the purpose of paying costs of	12631
permanent improvements to the extent that receipts of the	12632
subdivision, other than the proceeds of taxes levied by that	12633
subdivision, derived from or with respect to the improvements or	12634
the operation of the improvements being financed, or the	12635
enterprise, system, project, or category of improvements of which	12636
the improvements being financed are part, are estimated by the	12637
fiscal officer to be sufficient to pay the current expenses of	12638
that operation or of those improvements or enterprise, system,	12639
project, or categories of improvements and the debt charges	12640
payable from those receipts on securities issued for the purpose.	12641
Until such time as the improvements or increases in rates and	12642
charges have been in operation or effect for a period of at least	12643
six months, the receipts therefrom, for purposes of this	12644
definition, shall be those estimated by the fiscal officer, except	12645
that those receipts may include, without limitation, payments made	12646
and to be made to the subdivision under leases or agreements in	12647
effect at the time the estimate is made. In the case of an	12648
operation, improvements, or enterprise, system, project, or	12649
category of improvements without at least a six-month history of	12650
receipts, the estimate of receipts by the fiscal officer, other	12651
than those to be derived under leases and agreements then in	12652
effect, shall be confirmed by the taxing authority.	12653

(MM) "Subdivision" means any of the following:

12654

(1) A county, including a county that has adopted a charter	12655
under Article X, Ohio Constitution;	12656

(2) A municipal corporation, including a municipal	12657
corporation that has adopted a charter under Article XVIII, Ohio	12658
Constitution;	12659

(3) A school district;

12660

(4) A regional water and sewer district organized under	12661
Chapter 6119. of the Revised Code;	12662

(5) A joint township hospital district organized under	12663
section 513.07 of the Revised Code;	12664

(6) A joint ambulance district organized under section 505.71	12665
of the Revised Code;	12666

(7) A joint recreation district organized under division (C)	12667
of section 755.14 of the Revised Code;	12668

(8) A detention facility district organized under section	12669
2152.41, a district organized under section 2151.65, or a combined	12670
district organized under sections 2152.41 and 2151.65 of the	12671
Revised Code;	12672

(9) A township police district organized under section 505.48	12673
of the Revised Code;	12674

(10) A township;

12675

(11) A joint fire district organized under section 505.371 of	12676
the Revised Code;	12677

(12) A county library district created under section 3375.19	12678
or a regional library district created under section 3375.28 of	12679
the Revised Code;	12680

(13) A joint solid waste management district organized under	12681
section 343.01 or 343.012 of the Revised Code;	12682

(14) A joint emergency medical services district organized	12683
under section 307.052 of the Revised Code;	12684

(15) A fire and ambulance district organized under section	12685
505.375 of the Revised Code;	12686

(16) A fire district organized under division (C) of section	12687
505.37 of the Revised Code;	12688

(17) A joint police district organized under section 505.482	12689
of the Revised Code;	12690

(18) A lake facilities authority created under Chapter 353.	12691
of the Revised Code;	12692

(19) Any other political subdivision or taxing district or	12693
other local public body or agency authorized by this chapter or	12694
other laws to issue Chapter 133. securities.	12695

(NN) "Taxing authority" means in the case of the following	12696
subdivisions:	12697

(1) A county, a county library district, or a regional	12698
library district, the board or boards of county commissioners, or	12699
other legislative authority of a county that has adopted a charter	12700
under Article X, Ohio Constitution, but with respect to such a	12701
library district acting solely as agent for the board of trustees	12702
of that district;	12703

(2) A municipal corporation, the legislative authority;

12704

(3) A school district, the board of education;

12705

(4) A regional water and sewer district, a joint ambulance	12706
district, a joint recreation district, a fire and ambulance	12707
district, or a joint fire district, the board of trustees of the	12708
district;	12709

(5) A joint township hospital district, the joint township	12710
hospital board;	12711

(6) A detention facility district or a district organized	12712
under section 2151.65 of the Revised Code, a combined district	12713
organized under sections 2152.41 and 2151.65 of the Revised Code,	12714
or a joint emergency medical services district, the joint board of	12715
county commissioners;	12716

(7) A township, a fire district organized under division (C)	12717
of section 505.37 of the Revised Code, or a township police	12718
district, the board of township trustees;	12719

(8) A joint solid waste management district organized under	12720
section 343.01 or 343.012 of the Revised Code, the board of	12721
directors of the district;	12722

(9) A subdivision described in division (MM)~~(17)~~(19) of this	12723
section, the legislative or governing body or official;	12724

(10) A joint police district, the joint police district	12725
board;	12726

(11) A lake facilities authority, the board of directors.

12727

(OO) "Tax limitation" means the "ten-mill limitation" as	12728
defined in section 5705.02 of the Revised Code without diminution	12729
by reason of section 5705.313 of the Revised Code or otherwise,	12730
or, in the case of a municipal corporation or county with a	12731
different charter limitation on property taxes levied to pay debt	12732
charges on unvoted securities, that charter limitation. Those	12733
limitations shall be respectively referred to as the "ten-mill	12734
limitation" and the "charter tax limitation."	12735

(PP) "Tax valuation" means the aggregate of the valuations of	12736
property subject to ad valorem property taxation by the	12737
subdivision on the real property, personal property, and public	12738
utility property tax lists and duplicates most recently certified	12739
for collection, and shall be calculated without deductions of the	12740
valuations of otherwise taxable property exempt in whole or in	12741
part from taxation by reason of exemptions of certain amounts of	12742
taxable value under division (C) of section 5709.01, tax	12743
reductions under section 323.152 of the Revised Code, or similar	12744
laws now or in the future in effect.	12745

For purposes of section 133.06 of the Revised Code, "tax	12746
valuation" shall not include the valuation of tangible personal	12747
property used in business, telephone or telegraph property,	12748
interexchange telecommunications company property, or personal	12749
property owned or leased by a railroad company and used in	12750
railroad operations listed under or described in section 5711.22,	12751
division (B) or (F) of section 5727.111, or section 5727.12 of the	12752
Revised Code.	12753

(QQ) "Year" means the calendar year.

12754

(RR) "Administrative agent," "agent," "commercial paper,"	12755
"floating rate interest structure," "indexing agent," "interest	12756
rate hedge," "interest rate period," "put arrangement," and	12757
"remarketing agent" have the same meanings as in section 9.98 of	12758
the Revised Code.	12759

(SS) "Sales tax supported" means obligations to the payment	12760
of debt charges on which an additional sales tax or additional	12761
sales taxes have been pledged by the taxing authority of a county	12762
pursuant to section 133.081 of the Revised Code.	12763

Sec. 133.06. (A) A school district shall not incur, without	12764
a vote of the electors, net indebtedness that exceeds an amount	12765
equal to one-tenth of one per cent of its tax valuation, except as	12766
provided in divisions (G) and (H) of this section and in division	12767
(C) of section 3313.372 of the Revised Code, or as prescribed in	12768
section 3318.052 or 3318.44 of the Revised Code, or as provided in	12769
division (J) of this section.	12770

(B) Except as provided in divisions (E), (F), and (I) of this	12771
section, a school district shall not incur net indebtedness that	12772
exceeds an amount equal to nine per cent of its tax valuation.	12773

(C) A school district shall not submit to a vote of the	12774
electors the question of the issuance of securities in an amount	12775
that will make the district's net indebtedness after the issuance	12776
of the securities exceed an amount equal to four per cent of its	12777
tax valuation, unless the superintendent of public instruction,	12778
acting under policies adopted by the state board of education, and	12779
the tax commissioner, acting under written policies of the	12780
commissioner, consent to the submission. A request for the	12781
consents shall be made at least one hundred twenty days prior to	12782
the election at which the question is to be submitted.	12783

The superintendent of public instruction shall certify to the	12784
district the superintendent's and the tax commissioner's decisions	12785
within thirty days after receipt of the request for consents.	12786

If the electors do not approve the issuance of securities at	12787
the election for which the superintendent of public instruction	12788
and tax commissioner consented to the submission of the question,	12789
the school district may submit the same question to the electors	12790
on the date that the next special election may be held under	12791
section 3501.01 of the Revised Code without submitting a new	12792
request for consent. If the school district seeks to submit the	12793
same question at any other subsequent election, the district shall	12794
first submit a new request for consent in accordance with this	12795
division.	12796

(D) In calculating the net indebtedness of a school district,	12797
none of the following shall be considered:	12798

(1) Securities issued to acquire school buses and other	12799
equipment used in transporting pupils or issued pursuant to	12800
division (D) of section 133.10 of the Revised Code;	12801

(2) Securities issued under division (F) of this section,	12802
under section 133.301 of the Revised Code, and, to the extent in	12803
excess of the limitation stated in division (B) of this section,	12804
under division (E) of this section;	12805

(3) Indebtedness resulting from the dissolution of a joint	12806
vocational school district under section 3311.217 of the Revised	12807
Code, evidenced by outstanding securities of that joint vocational	12808
school district;	12809

(4) Loans, evidenced by any securities, received under	12810
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the	12811
Revised Code;	12812

(5) Debt incurred under section 3313.374 of the Revised Code;

12813

(6) Debt incurred pursuant to division (B)(5) of section	12814
3313.37 of the Revised Code to acquire computers and related	12815
hardware;	12816

(7) Debt incurred under section 3318.042 of the Revised Code.

12817

(E) A school district may become a special needs district as	12818
to certain securities as provided in division (E) of this section.	12819

(1) A board of education, by resolution, may declare its	12820
school district to be a special needs district by determining both	12821
of the following:	12822

(a) The student population is not being adequately serviced	12823
by the existing permanent improvements of the district.	12824

(b) The district cannot obtain sufficient funds by the	12825
issuance of securities within the limitation of division (B) of	12826
this section to provide additional or improved needed permanent	12827
improvements in time to meet the needs.	12828

(2) The board of education shall certify a copy of that	12829
resolution to the superintendent of public instruction with a	12830
statistical report showing all of the following:	12831

(a) ~~A history of and a projection of the growth of the~~	12832
~~student population;~~	12833

~~(b)~~ The history of and a projection of the growth of the tax	12834
valuation;	12835

~~(c)~~(b) The projected needs;

12836

~~(d)~~(c) The estimated cost of permanent improvements proposed	12837
to meet such projected needs.	12838

(3) The superintendent of public instruction shall certify	12839
the district as an approved special needs district if the	12840
superintendent finds both of the following:	12841

(a) The district does not have available sufficient	12842
additional funds from state or federal sources to meet the	12843
projected needs.	12844

(b) The projection of the potential average growth of tax	12845
valuation during the next five years, according to the information	12846
certified to the superintendent and any other information the	12847
superintendent obtains, indicates a likelihood of potential	12848
average growth of tax valuation of the district during the next	12849
five years of an average of not less than ~~three~~one and one-half	12850
per cent per year. The findings and certification of the	12851
superintendent shall be conclusive.	12852

(4) An approved special needs district may incur net	12853
indebtedness by the issuance of securities in accordance with the	12854
provisions of this chapter in an amount that does not exceed an	12855
amount equal to the greater of the following:	12856

(a) ~~Nine~~Twelve per cent of the sum of its tax valuation plus	12857
an amount that is the product of multiplying that tax valuation by	12858
the percentage by which the tax valuation has increased over the	12859
tax valuation on the first day of the sixtieth month preceding the	12860
month in which its board determines to submit to the electors the	12861
question of issuing the proposed securities;	12862

(b) ~~Nine~~Twelve per cent of the sum of its tax valuation plus	12863
an amount that is the product of multiplying that tax valuation by	12864
the percentage, determined by the superintendent of public	12865
instruction, by which that tax valuation is projected to increase	12866
during the next ten years.	12867

(F) A school district may issue securities for emergency	12868
purposes, in a principal amount that does not exceed an amount	12869
equal to three per cent of its tax valuation, as provided in this	12870
division.	12871

(1) A board of education, by resolution, may declare an	12872
emergency if it determines both of the following:	12873

(a) School buildings or other necessary school facilities in	12874
the district have been wholly or partially destroyed, or condemned	12875
by a constituted public authority, or that such buildings or	12876
facilities are partially constructed, or so constructed or planned	12877
as to require additions and improvements to them before the	12878
buildings or facilities are usable for their intended purpose, or	12879
that corrections to permanent improvements are necessary to remove	12880
or prevent health or safety hazards.	12881

(b) Existing fiscal and net indebtedness limitations make	12882
adequate replacement, additions, or improvements impossible.	12883

(2) Upon the declaration of an emergency, the board of	12884
education may, by resolution, submit to the electors of the	12885
district pursuant to section 133.18 of the Revised Code the	12886
question of issuing securities for the purpose of paying the cost,	12887
in excess of any insurance or condemnation proceeds received by	12888
the district, of permanent improvements to respond to the	12889
emergency need.	12890

(3) The procedures for the election shall be as provided in	12891
section 133.18 of the Revised Code, except that:	12892

(a) The form of the ballot shall describe the emergency	12893
existing, refer to this division as the authority under which the	12894
emergency is declared, and state that the amount of the proposed	12895
securities exceeds the limitations prescribed by division (B) of	12896
this section;	12897

(b) The resolution required by division (B) of section 133.18	12898
of the Revised Code shall be certified to the county auditor and	12899
the board of elections at least one hundred days prior to the	12900
election;	12901

(c) The county auditor shall advise and, not later than	12902
ninety-five days before the election, confirm that advice by	12903
certification to, the board of education of the information	12904
required by division (C) of section 133.18 of the Revised Code;	12905

(d) The board of education shall then certify its resolution	12906
and the information required by division (D) of section 133.18 of	12907
the Revised Code to the board of elections not less than ninety	12908
days prior to the election.	12909

(4) Notwithstanding division (B) of section 133.21 of the	12910
Revised Code, the first principal payment of securities issued	12911
under this division may be set at any date not later than sixty	12912
months after the earliest possible principal payment otherwise	12913
provided for in that division.	12914

(G) The board of education may contract with an architect,	12915
professional engineer, or other person experienced in the design	12916
and implementation of energy conservation measures for an analysis	12917
and recommendations pertaining to installations, modifications of	12918
installations, or remodeling that would significantly reduce	12919
energy consumption in buildings owned by the district. The report	12920
shall include estimates of all costs of such installations,	12921
modifications, or remodeling, including costs of design,	12922
engineering, installation, maintenance, repairs, and debt service,	12923
forgone residual value of materials or equipment replaced by the	12924
energy conservation measure, as defined by the Ohio school	12925
facilities commission, a baseline analysis of actual energy	12926
consumption data for the preceding five years, and estimates of	12927
the amounts by which energy consumption and resultant operational	12928
and maintenance costs, as defined by the ~~Ohio school facilities~~	12929
commission, would be reduced.	12930

If the board finds after receiving the report that the amount	12931
of money the district would spend on such installations,	12932
modifications, or remodeling is not likely to exceed the amount of	12933
money it would save in energy and resultant operational and	12934
maintenance costs over the ensuing fifteen years, the board may	12935
submit to the commission a copy of its findings and a request for	12936
approval to incur indebtedness to finance the making or	12937
modification of installations or the remodeling of buildings for	12938
the purpose of significantly reducing energy consumption.	12939

If the commission determines that the board's findings are	12940
reasonable, it shall approve the board's request. Upon receipt of	12941
the commission's approval, the district may issue securities	12942
without a vote of the electors in a principal amount not to exceed	12943
nine-tenths of one per cent of its tax valuation for the purpose	12944
of making such installations, modifications, or remodeling, but	12945
the total net indebtedness of the district without a vote of the	12946
electors incurred under this and all other sections of the Revised	12947
Code, except section 3318.052 of the Revised Code, shall not	12948
exceed one per cent of the district's tax valuation.	12949

So long as any securities issued under division (G) of this	12950
section remain outstanding, the board of education shall monitor	12951
the energy consumption and resultant operational and maintenance	12952
costs of buildings in which installations or modifications have	12953
been made or remodeling has been done pursuant to division (G) of	12954
this section and shall maintain and annually update a report	12955
documenting the reductions in energy consumption and resultant	12956
operational and maintenance cost savings attributable to such	12957
installations, modifications, or remodeling. The report shall be	12958
certified by an architect or engineer independent of any person	12959
that provided goods or services to the board in connection with	12960
the energy conservation measures that are the subject of the	12961
report. The resultant operational and maintenance cost savings	12962
shall be certified by the school district treasurer. The report	12963
shall be ~~made available~~submitted annually to the commission ~~upon~~	12964
~~request~~.	12965

(H) With the consent of the superintendent of public	12966
instruction, a school district may incur without a vote of the	12967
electors net indebtedness that exceeds the amounts stated in	12968
divisions (A) and (G) of this section for the purpose of paying	12969
costs of permanent improvements, if and to the extent that both of	12970
the following conditions are satisfied:	12971

(1) The fiscal officer of the school district estimates that	12972
receipts of the school district from payments made under or	12973
pursuant to agreements entered into pursuant to section 725.02,	12974
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	12975
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	12976
Code, or distributions under division (C) of section 5709.43 of	12977
the Revised Code, or any combination thereof, are, after	12978
accounting for any appropriate coverage requirements, sufficient	12979
in time and amount, and are committed by the proceedings, to pay	12980
the debt charges on the securities issued to evidence that	12981
indebtedness and payable from those receipts, and the taxing	12982
authority of the district confirms the fiscal officer's estimate,	12983
which confirmation is approved by the superintendent of public	12984
instruction;	12985

(2) The fiscal officer of the school district certifies, and	12986
the taxing authority of the district confirms, that the district,	12987
at the time of the certification and confirmation, reasonably	12988
expects to have sufficient revenue available for the purpose of	12989
operating such permanent improvements for their intended purpose	12990
upon acquisition or completion thereof, and the superintendent of	12991
public instruction approves the taxing authority's confirmation.	12992

The maximum maturity of securities issued under division (H)	12993
of this section shall be the lesser of twenty years or the maximum	12994
maturity calculated under section 133.20 of the Revised Code.	12995

(I) A school district may incur net indebtedness by the	12996
issuance of securities in accordance with the provisions of this	12997
chapter in excess of the limit specified in division (B) or (C) of	12998
this section when necessary to raise the school district portion	12999
of the basic project cost and any additional funds necessary to	13000
participate in a project under Chapter 3318. of the Revised Code,	13001
including the cost of items designated by the Ohio school	13002
facilities commission as required locally funded initiatives, the	13003
cost of other locally funded initiatives in an amount that does	13004
not exceed fifty per cent of the district's portion of the basic	13005
project cost, and the cost for site acquisition. The school	13006
facilities commission shall notify the superintendent of public	13007
instruction whenever a school district will exceed either limit	13008
pursuant to this division.	13009

(J) A school district whose portion of the basic project cost	13010
of its classroom facilities project under sections 3318.01 to	13011
3318.20 of the Revised Code is greater than or equal to one	13012
hundred million dollars may incur without a vote of the electors	13013
net indebtedness in an amount up to two per cent of its tax	13014
valuation through the issuance of general obligation securities in	13015
order to generate all or part of the amount of its portion of the	13016
basic project cost if the controlling board has approved the	13017
school facilities commission's conditional approval of the project	13018
under section 3318.04 of the Revised Code. The school district	13019
board and the Ohio school facilities commission shall include the	13020
dedication of the proceeds of such securities in the agreement	13021
entered into under section 3318.08 of the Revised Code. No state	13022
moneys shall be released for a project to which this section	13023
applies until the proceeds of any bonds issued under this section	13024
that are dedicated for the payment of the school district portion	13025
of the project are first deposited into the school district's	13026
project construction fund.	13027

Sec. 133.18. (A) The taxing authority of a subdivision may	13028
by legislation submit to the electors of the subdivision the	13029
question of issuing any general obligation bonds, for one purpose,	13030
that the subdivision has power or authority to issue.	13031

(B) When the taxing authority of a subdivision desires or is	13032
required by law to submit the question of a bond issue to the	13033
electors, it shall pass legislation that does all of the	13034
following:	13035

(1) Declares the necessity and purpose of the bond issue;

13036

(2) States the date of the authorized election at which the	13037
question shall be submitted to the electors;	13038

(3) States the amount, approximate date, estimated net	13039
average rate of interest, and maximum number of years over which	13040
the principal of the bonds may be paid;	13041

(4) Declares the necessity of levying a tax outside the tax	13042
limitation to pay the debt charges on the bonds and any	13043
anticipatory securities.	13044

The estimated net average interest rate shall be determined	13045
by the taxing authority based on, among other factors, then	13046
existing market conditions, and may reflect adjustments for any	13047
anticipated direct payments expected to be received by the taxing	13048
authority from the government of the United States relating to the	13049
bonds and the effect of any federal tax credits anticipated to be	13050
available to owners of all or a portion of the bonds. The	13051
estimated net average rate of interest, and any statutory or	13052
charter limit on interest rates that may then be in effect and	13053
that is subsequently amended, shall not be a limitation on the	13054
actual interest rate or rates on the securities when issued.	13055

(C)(1) The taxing authority shall certify a copy of the	13056
legislation passed under division (B) of this section to the	13057
county auditor. The county auditor shall promptly calculate and	13058
advise and, not later than seventy-five days before the election,	13059
confirm that advice by certification to, the taxing authority the	13060
estimated average annual property tax levy, expressed in cents or	13061
dollars and cents for each one hundred dollars of tax valuation	13062
and in mills for each one dollar of tax valuation, that the county	13063
auditor estimates to be required throughout the stated maturity of	13064
the bonds to pay the debt charges on the bonds. In calculating the	13065
estimated average annual property tax levy for this purpose, the	13066
county auditor shall assume that the bonds are issued in one	13067
series bearing interest and maturing in substantially equal	13068
principal amounts in each year over the maximum number of years	13069
over which the principal of the bonds may be paid as stated in	13070
that legislation, and that the amount of the tax valuation of the	13071
subdivision for the current year remains the same throughout the	13072
maturity of the bonds, except as otherwise provided in division	13073
(C)(2) of this section. If the tax valuation for the current year	13074
is not determined, the county auditor shall base the calculation	13075
on the estimated amount of the tax valuation submitted by the	13076
county auditor to the county budget commission. If the subdivision	13077
is located in more than one county, the county auditor shall	13078
obtain the assistance of the county auditors of the other	13079
counties, and those county auditors shall provide assistance, in	13080
establishing the tax valuation of the subdivision for purposes of	13081
certifying the estimated average annual property tax levy.	13082

(2) When considering the tangible personal property component	13083
of the tax valuation of the subdivision, the county auditor shall	13084
take into account the assessment percentages prescribed in section	13085
5711.22 of the Revised Code. The tax commissioner may issue rules,	13086
orders, or instructions directing how the assessment percentages	13087
must be utilized.	13088

(D) After receiving the county auditor's advice under	13089
division (C) of this section, the taxing authority by legislation	13090
may determine to proceed with submitting the question of the issue	13091
of securities, and shall, not later than the seventy-fifth day	13092
before the day of the election, file the following with the board	13093
of elections:	13094

(1) Copies of the legislation provided for in divisions (B)	13095
and (D) of this section;	13096

(2) The amount of the estimated average annual property tax	13097
levy, expressed in cents or dollars and cents for each one hundred	13098
dollars of tax valuation and in mills for each one dollar of tax	13099
valuation, as estimated and certified to the taxing authority by	13100
the county auditor.	13101

(E)(1) The board of elections shall prepare the ballots and	13102
make other necessary arrangements for the submission of the	13103
question to the electors of the subdivision. If the subdivision is	13104
located in more than one county, the board shall inform the boards	13105
of elections of the other counties of the filings with it, and	13106
those other boards shall if appropriate make the other necessary	13107
arrangements for the election in their counties. The election	13108
shall be conducted, canvassed, and certified in the manner	13109
provided in Title XXXV of the Revised Code.	13110

(2) The election shall be held at the regular places for	13111
voting in the subdivision. If the electors of only a part of a	13112
precinct are qualified to vote at the election the board of	13113
elections may assign the electors in that part to an adjoining	13114
precinct, including an adjoining precinct in another county if the	13115
board of elections of the other county consents to and approves	13116
the assignment. Each elector so assigned shall be notified of that	13117
fact prior to the election by notice mailed by the board of	13118
elections, in such manner as it determines, prior to the election.	13119

(3) The board of elections shall publish a notice of the	13120
election,once in ~~one or more newspapers~~a newspaper of general	13121
circulation in the subdivision, ~~at least once~~ no later than ten	13122
days prior to the election. The notice shall state all of the	13123
following:	13124

(a) The principal amount of the proposed bond issue;

13125

(b) The stated purpose for which the bonds are to be issued;

13126

(c) The maximum number of years over which the principal of	13127
the bonds may be paid;	13128

(d) The estimated additional average annual property tax	13129
levy, expressed in cents or dollars and cents for each one hundred	13130
dollars of tax valuation and in mills for each one dollar of tax	13131
valuation, to be levied outside the tax limitation, as estimated	13132
and certified to the taxing authority by the county auditor;	13133

(e) The first calendar year in which the tax is expected to	13134
be due.	13135

(F)(1) The form of the ballot to be used at the election	13136
shall be substantially either of the following, as applicable:	13137

(a) "Shall bonds be issued by the ............ (name of	13138
subdivision) for the purpose of ........... (purpose of the bond	13139
issue) in the principal amount of .......... (principal amount of	13140
the bond issue), to be repaid annually over a maximum period of	13141
.......... (the maximum number of years over which the principal	13142
of the bonds may be paid) years, and an annual levy of property	13143
taxes be made outside the .......... (as applicable, "ten-mill" or	13144
"...charter tax") limitation, estimated by the county auditor to	13145
average over the repayment period of the bond issue ..........	13146
(number of mills) mills for each one dollar of tax valuation,	13147
which amounts to .......... (rate expressed in cents or dollars	13148
and cents, such as "36 cents" or "$1.41") for each one hundred	13149
dollars of tax valuation, commencing in .......... (first year the	13150
tax will be levied), first due in calendar year .......... (first	13151
calendar year in which the tax shall be due), to pay the annual	13152
debt charges on the bonds, and to pay debt charges on any notes	13153
issued in anticipation of those bonds?	13154

13155

		For the bond issue			13156
		Against the bond issue	"		13157

13158

(b) In the case of an election held pursuant to legislation	13159
adopted under section 3375.43 or 3375.431 of the Revised Code:	13160

"Shall bonds be issued for .......... (name of library) for	13161
the purpose of .......... (purpose of the bond issue), in the	13162
principal amount of .......... (amount of the bond issue) by	13163
.......... (the name of the subdivision that is to issue the bonds	13164
and levy the tax) as the issuer of the bonds, to be repaid	13165
annually over a maximum period of .......... (the maximum number	13166
of years over which the principal of the bonds may be paid) years,	13167
and an annual levy of property taxes be made outside the ten-mill	13168
limitation, estimated by the county auditor to average over the	13169
repayment period of the bond issue .......... (number of mills)	13170
mills for each one dollar of tax valuation, which amounts to	13171
.......... (rate expressed in cents or dollars and cents, such as	13172
"36 cents" or "$1.41") for each one hundred dollars of tax	13173
valuation, commencing in .......... (first year the tax will be	13174
levied), first due in calendar year .......... (first calendar	13175
year in which the tax shall be due), to pay the annual debt	13176
charges on the bonds, and to pay debt charges on any notes issued	13177
in anticipation of those bonds?	13178

13179

		For the bond issue			13180
		Against the bond issue	"		13181

13182

(2) The purpose for which the bonds are to be issued shall be	13183
printed in the space indicated, in boldface type.	13184

(G) The board of elections shall promptly certify the results	13185
of the election to the tax commissioner, the county auditor of	13186
each county in which any part of the subdivision is located, and	13187
the fiscal officer of the subdivision. The election, including the	13188
proceedings for and result of the election, is incontestable other	13189
than in a contest filed under section 3515.09 of the Revised Code	13190
in which the plaintiff prevails.	13191

(H) If a majority of the electors voting upon the question	13192
vote for it, the taxing authority of the subdivision may proceed	13193
under sections 133.21 to 133.33 of the Revised Code with the	13194
issuance of the securities and with the levy and collection of a	13195
property tax outside the tax limitation during the period the	13196
securities are outstanding sufficient in amount to pay the debt	13197
charges on the securities, including debt charges on any	13198
anticipatory securities required to be paid from that tax. If	13199
legislation passed under section 133.22 or 133.23 of the Revised	13200
Code authorizing those securities is filed with the county auditor	13201
on or before the last day of November, the amount of the voted	13202
property tax levy required to pay debt charges or estimated debt	13203
charges on the securities payable in the following year shall if	13204
requested by the taxing authority be included in the taxes levied	13205
for collection in the following year under section 319.30 of the	13206
Revised Code.	13207

(I)(1) If, before any securities authorized at an election	13208
under this section are issued, the net indebtedness of the	13209
subdivision exceeds that applicable to that subdivision or those	13210
securities, then and so long as that is the case none of the	13211
securities may be issued.	13212

(2) No securities authorized at an election under this	13213
section may be initially issued after the first day of the sixth	13214
January following the election, but this period of limitation	13215
shall not run for any time during which any part of the permanent	13216
improvement for which the securities have been authorized, or the	13217
issuing or validity of any part of the securities issued or to be	13218
issued, or the related proceedings, is involved or questioned	13219
before a court or a commission or other tribunal, administrative	13220
agency, or board.	13221

(3) Securities representing a portion of the amount	13222
authorized at an election that are issued within the applicable	13223
limitation on net indebtedness are valid and in no manner affected	13224
by the fact that the balance of the securities authorized cannot	13225
be issued by reason of the net indebtedness limitation or lapse of	13226
time.	13227

(4) Nothing in this division (I) shall be interpreted or	13228
applied to prevent the issuance of securities in an amount to fund	13229
or refund anticipatory securities lawfully issued.	13230

(5) The limitations of divisions (I)(1) and (2) of this	13231
section do not apply to any securities authorized at an election	13232
under this section if at least ten per cent of the principal	13233
amount of the securities, including anticipatory securities,	13234
authorized has theretofore been issued, or if the securities are	13235
to be issued for the purpose of participating in any federally or	13236
state-assisted program.	13237

(6) The certificate of the fiscal officer of the subdivision	13238
is conclusive proof of the facts referred to in this division.	13239

Sec. 133.20. (A) This section applies to bonds that are	13240
general obligation Chapter 133. securities. If the bonds are	13241
payable as to principal by provision for annual installments, the	13242
period of limitations on their last maturity, referred to as their	13243
maximum maturity, shall be measured from a date twelve months	13244
prior to the first date on which provision for payment of	13245
principal is made. If the bonds are payable as to principal by	13246
provision for semiannual installments, the period of limitations	13247
on their last maturity shall be measured from a date six months	13248
prior to the first date on which provision for payment of	13249
principal is made.	13250

(B) Bonds issued for the following permanent improvements or	13251
for permanent improvements for the following purposes shall have	13252
maximum maturities not exceeding the number of years stated:	13253

(1) Fifty years:

13254

(a) The clearance and preparation of real property for	13255
redevelopment as an urban redevelopment project;	13256

(b) Acquiring, constructing, widening, relocating, enlarging,	13257
extending, and improving a publicly owned railroad or line of	13258
railway or a light or heavy rail rapid transit system, including	13259
related bridges, overpasses, underpasses, and tunnels, but not	13260
including rolling stock or equipment;	13261

(c) Pursuant to section 307.675 of the Revised Code,	13262
constructing or repairing a bridge using long life expectancy	13263
material for the bridge deck, and purchasing, installing, and	13264
maintaining any performance equipment to monitor the physical	13265
condition of a bridge so constructed or repaired. Additionally,	13266
the average maturity of the bonds shall not exceed the expected	13267
useful life of the bridge deck as determined by the county	13268
engineer under that section.	13269

(2) Forty years:

13270

(a) General waterworks or water system permanent	13271
improvements, including buildings, water mains, or other	13272
structures and facilities in connection therewith;	13273

(b) Sewers or sewage treatment or disposal works or	13274
facilities, including fireproof buildings or other structures in	13275
connection therewith;	13276

(c) Storm water drainage, surface water, and flood prevention	13277
facilities.	13278

(3) Thirty-five years:

13279

(a) An arena, a convention center, or a combination of an	13280
arena and convention center under section 307.695 of the Revised	13281
Code;	13282

(b) Sports facilities.

13283

(4) Thirty years:

13284

(a) Municipal recreation, excluding recreational equipment;

13285

(b) Urban redevelopment projects;

13286

(c) Acquisition of real property, except as provided in	13287
division (F) of this section;	13288

(d) Street or alley lighting purposes or relocating overhead	13289
wires, cables, and appurtenant equipment underground.	13290

(5) Twenty years: constructing, reconstructing, widening,	13291
opening, improving, grading, draining, paving, extending, or	13292
changing the line of roads, highways, expressways, freeways,	13293
streets, sidewalks, alleys, or curbs and gutters, and related	13294
bridges, viaducts, overpasses, underpasses, grade crossing	13295
eliminations, service and access highways, and tunnels.	13296

(6) Fifteen years:

13297

(a) Resurfacing roads, highways, streets, or alleys;

13298

(b) Alarm, telegraph, or other communications systems for	13299
police or fire departments or other emergency services;	13300

13301

(d) Energy conservation measures as authorized by section	13302
133.06 of the Revised Code.	13303

(7) Ten years:

13304

(a) Water meters;

13305

(b) Fire department apparatus and equipment;

13306

(c) Road rollers and other road construction and servicing	13307
vehicles;	13308

(d) Furniture, equipment, and furnishings;

13309

(e) Landscape planting and other site improvements;

13310

(f) Playground, athletic, and recreational equipment and	13311
apparatus;	13312

(g) Energy conservation measures as authorized by section	13313
505.264 of the Revised Code.	13314

(8) Five years: New motor vehicles other than those described	13315
in any other division of this section and those for which	13316
provision is made in other provisions of the Revised Code.	13317

(C) Bonds issued for any permanent improvements not within	13318
the categories set forth in division (B) of this section shall	13319
have maximum maturities of from five to thirty years as the fiscal	13320
officer estimates is the estimated life or period of usefulness of	13321
those permanent improvements. Bonds issued under section 133.51 of	13322
the Revised Code for purposes other than permanent improvements	13323
shall have the maturities, not to exceed forty years, that the	13324
taxing authority shall specify. Bonds issued for energy	13325
conservation measures under section 307.041 of the Revised Code	13326
shall have maximum maturities not exceeding the lesser of the	13327
average life of the energy conservation measures as detailed in	13328
the energy conservation report prepared under that section or	13329
thirty years.	13330

(D) Securities issued under section 505.265 of the Revised	13331
Code shall mature not later than December 31, 2035.	13332

(E) A securities issue for one purpose may include permanent	13333
improvements within two or more categories under divisions (B) and	13334
(C) of this section. The maximum maturity of such a bond issue	13335
shall not exceed the average number of years of life or period of	13336
usefulness of the permanent improvements as measured by the	13337
weighted average of the amounts expended or proposed to be	13338
expended for the categories of permanent improvements.	13339

(F) Securities issued by a school district or county to	13340
acquire or construct real property shall have a maximum maturity	13341
longer than thirty years, but not longer than forty years, if the	13342
~~school district's~~ fiscal officer of the school district or county	13343
estimates the real property's useful life to be longer than thirty	13344
years, and certifies that estimate to the board of education or	13345
board of county commissioners, respectively.	13346

Sec. 133.55. Before adopting any reassessment provided for	13347
in section 133.54 of the Revised Code, the fiscal officer shall	13348
prepare and file for public inspection a list containing the names	13349
of the owners, a tax duplicate description of each parcel of land	13350
on which the reassessment will be levied, and the total amount to	13351
be reassessed, separately stated as to each parcel, and the taxing	13352
authority shall publish notice for two consecutive weeks in a	13353
newspaper of general circulation in the political subdivision, or	13354
as provided in section 7.16 of the Revised Code, that such	13355
reassessment has been prepared by the fiscal officer and that it	13356
is on file in ~~his~~the fiscal officer's office for the inspection	13357
and examination of the persons interested therein. Sections	13358
727.13, 727.15, and 727.16 of the Revised Code do not apply to any	13359
such assessments, but any person may file objections in writing	13360
with the fiscal officer within one week after the expiration of	13361
such notice and the taxing authority shall hear and determine any	13362
such objections at its next meeting. Such objections shall be	13363
limited solely to matters of description of parcels and owners and	13364
of computations of amounts, and no matters concluded by any	13365
proceedings on the original assessments shall form the basis for	13366
any such objections. When the reassessment list is confirmed by	13367
the taxing authority, it shall be complete and final and shall be	13368
recorded in the office of the fiscal officer.	13369

Sec. 135.05. Each governing board shall, at least three	13370
weeks prior to the date when it is required by section 135.12 of	13371
the Revised Code to designate public depositories, by resolution,	13372
estimate the aggregate maximum amount of public moneys subject to	13373
its control to be awarded and be on deposit as inactive deposits.	13374
The state board of deposit shall cause a copy of such resolution,	13375
together with a notice of the date on which the meeting of the	13376
board for the designation of such depositories will be held and	13377
the period for which such inactive deposits will be awarded, to be	13378
published once a week for two consecutive weeks in two newspapers	13379
of general circulation in each of the three most populous	13380
counties. The governing board of each subdivision shall cause a	13381
copy of such resolution, together with a notice of the date on	13382
which the meeting of the board for the designation of such	13383
depositories will be held and the period for which such inactive	13384
deposits will be awarded, to be published once a week for two	13385
consecutive weeks in ~~two newspapers~~a newspaper of ~~opposite~~	13386
~~politics and of~~ general circulation in the county or as provided	13387
in section 7.16 of the Revised Code. If a subdivision is located	13388
in more than one county, such publication shall be made in	13389
~~newspapers published~~a newspaper of general circulation in the	13390
county in which the major part of such subdivision is located, and	13391
of general circulation in the subdivision. A written notice	13392
stating the aggregate maximum amount to be awarded as inactive	13393
deposits of the subdivision shall be given to each eligible	13394
depository by the governing board at the time the first	13395
publication is made in the ~~newspapers~~newspaper.	13396

All deposits of the public moneys of the state or any	13397
subdivision made during the period covered by the designation in	13398
excess of the aggregate amount so estimated shall be active	13399
deposits or interim deposits. Inactive, interim, and active	13400
deposits shall be separately awarded, made, and administered as	13401
provided by sections 135.01 to 135.21~~, inclusive,~~ of the Revised	13402
Code.	13403

Sec. 135.61. As used in sections 135.61 to 135.67 of the	13404
Revised Code:	13405

(A) "Eligible small business" means any person, including,	13406
but not limited to a person engaged in agriculture, that has all	13407
of the following characteristics:	13408

(1) Is headquartered in this state;

13409

(2) Maintains offices and operating facilities exclusively in	13410
this state and transacts business in this state;	13411

(3) Employs fewer than one hundred fifty employees, the	13412
majority of whom are residents of this state;	13413

(4) Is organized for profit.

13414

(B) "Eligible lending institution" means a financial	13415
institution that is eligible to make commercial loans, is a public	13416
depository of state funds under section 135.03 of the Revised	13417
Code, and agrees to participate in the linked deposit program.	13418

(C) "Linked deposit" means a certificate of deposit or other	13419
financial institution instrument placed by the treasurer of state	13420
with an eligible lending institution at a rate below current	13421
market rates, as determined and calculated by the treasurer of	13422
state, provided the institution agrees to lend the value of such	13423
deposit, according to the deposit agreement provided in division	13424
(C) of section 135.65 of the Revised Code, to eligible small	13425
businesses at a rate that reflects an equal percentage rate	13426
reduction below the present borrowing rate applicable to each	13427
specific business at the time of the deposit of state funds in the	13428
institution.	13429

(D) "Other financial institution instrument" has the same	13430
meaning as in section 135.81 of the Revised Code.	13431

Sec. 135.65. (A) The treasurer of state may accept or reject	13432
a linked deposit loan package or any portion thereof, based on the	13433
treasurer's evaluation of the eligible small businesses included	13434
in the package and the amount of state funds to be deposited. When	13435
evaluating the eligible small businesses, the treasurer shall give	13436
priority to the economic needs of the area where the business is	13437
located and the ratio of state funds to be deposited to jobs	13438
sustained or created and shall also consider any reports,	13439
statements, or plans applicable to the business, the overall	13440
financial need of the business, and such other factors as the	13441
treasurer considers appropriate.	13442

(B) Upon acceptance of the linked deposit loan package or any	13443
portion thereof, the treasurer of state may place certificates of	13444
deposit or other financial institution instruments with the	13445
eligible lending institution at a rate below current market rates,	13446
as determined and calculated by the treasurer of state. When	13447
necessary, the treasurer may place certificates of deposit or	13448
other financial institution instruments prior to acceptance of a	13449
linked deposit loan package.	13450

(C) The eligible lending institution shall enter into a	13451
deposit agreement with the treasurer of state, which shall include	13452
requirements necessary to carry out the purposes of sections	13453
135.61 to 135.67 of the Revised Code. Such requirements shall	13454
reflect the market conditions prevailing in the eligible lending	13455
institution's lending area. The agreement may include a	13456
specification of the period of time in which the lending	13457
institution is to lend funds upon the placement of a linked	13458
deposit, and shall include provisions for the certificates of	13459
deposit or other financial institution instruments to be placed	13460
for any maturity considered appropriate by the treasurer of state	13461
not to exceed two years, and may be renewed for up to an	13462
additional two years at the option of the treasurer. Interest	13463
shall be paid at the times determined by the treasurer of state.	13464

(D) Eligible lending institutions shall comply fully with	13465
Chapter 135. of the Revised Code.	13466

Sec. 135.66. (A) Upon the placement of a linked deposit with	13467
an eligible lending institution, such institution is required to	13468
lend such funds to each approved eligible small business listed in	13469
the linked deposit loan package required by division (D) of	13470
section 135.64 of the Revised Code and in accordance with the	13471
deposit agreement required by division (C) of section 135.65 of	13472
the Revised Code. The loan shall be at a rate that reflects a	13473
percentage rate reduction below the present borrowing rate	13474
applicable to each business that is equal to the percentage rate	13475
reduction below market rates at which the ~~certificate~~certificates	13476
of ~~deposits~~deposit or other financial institution instruments	13477
that constitute the linked deposit were placed. A certification of	13478
compliance with this section in the form and manner as prescribed	13479
by the treasurer of state shall be required of the eligible	13480
lending institution.	13481

(B) The treasurer of state shall take any and all steps	13482
necessary to implement the linked deposit program and monitor	13483
compliance of eligible lending institutions and eligible small	13484
businesses, including the development of guidelines as necessary.	13485
The treasurer of state and the department of development shall	13486
notify each other at least quarterly of the names of the	13487
businesses receiving financial assistance from their respective	13488
programs.	13489

Annually, by the first day of February, the treasurer of	13490
state shall report on the linked deposits program for the	13491
preceding calendar year to the governor, the speaker of the house	13492
of representatives, and the president of the senate. The speaker	13493
of the house shall transmit copies of this report to the	13494
chairpersons of the standing committees in the house which	13495
customarily consider legislation regarding agriculture and small	13496
business, and the president of the senate shall transmit copies of	13497
this report to the chairpersons of the standing committees in the	13498
senate which customarily consider legislation regarding	13499
agriculture and small business. The report shall set forth the	13500
linked deposits made by the treasurer of state under the program	13501
during the year and shall include information regarding the	13502
nature, terms, and amounts of the loans upon which the linked	13503
deposits were based and the eligible small businesses to which the	13504
loans were made.	13505

Sec. 135.80. (A) The legislative authority of a municipal	13506
corporation, by ordinance; the board of directors of a port	13507
authority or a lake facilities authority, by resolution; or the	13508
board of county commissioners, by resolution, may establish a	13509
linked deposit program authorizing the treasurer or governing	13510
board of the municipal corporation, the board of directors of the	13511
port authority or lake facilities authority, or the investing	13512
authority of the county, as created or designated by the ordinance	13513
or resolution, to place certificates of deposit at up to three per	13514
cent below market rates with an eligible lending institution	13515
applying for interim moneys as provided in section 135.08 of the	13516
Revised Code, selected to invest port authority or lake facilities	13517
authority moneys in linked deposit programs pursuant to section	13518
4582.54 or 353.16 of the Revised Code, or applying for inactive	13519
moneys as provided in section 135.32 of the Revised Code, provided	13520
the institution agrees to lend the value of such deposit to	13521
eligible borrowers at up to three per cent below the present	13522
borrowing rate applicable to each borrower. The ordinance or	13523
resolution shall include requirements and provisions that are	13524
necessary to establish the program, including, but not limited to:	13525

(1) Eligibility requirements for borrowers who may receive	13526
reduced rate loans under the program;	13527

(2) Application procedures for borrowers and institutions	13528
wishing to participate in the program;	13529

(3) Review procedures for applications and criteria for	13530
acceptance or rejection of applications for reduced rate loans;	13531

(4) Necessary agreements between the eligible lending	13532
institution and the treasurer or governing board of the municipal	13533
corporation, the board of directors of the port authority or lake	13534
facilities authority, or the investing authority of the county to	13535
carry out the purposes of the linked deposit program;	13536

(5) Annual reports regarding the operation of the program to	13537
be made by the treasurer or governing board to the legislative	13538
authority, the eligible lending institution to the board of	13539
directors of the port authority or lake facilities authority, or	13540
the investing authority to the board of county commissioners.	13541

(B) The municipal corporation and the treasurer or governing	13542
board, the port authority or lake facilities authority and the	13543
board of directors, and the county and the investing authority or	13544
the board of county commissioners, are not liable to any eligible	13545
lending institution in any manner for the payment of the principal	13546
or interest on any reduced rate loan made under the program, and	13547
any delay in payment or default on the part of any borrower does	13548
not in any manner affect the deposit agreement between the	13549
eligible lending institution and the treasurer or governing board,	13550
the board of directors, or the investing authority or board of	13551
county commissioners.	13552

(C) For purposes of this section~~, both of the following~~	13553
~~apply~~:	13554

(1) "Investing authority" has the same meaning as in section	13555
135.31 of the Revised Code.	13556

(2) "Port authority" means a port authority created in	13557
accordance with section 4582.22 of the Revised Code.	13558

(3) "Lake facilities authority" means a lake facilities	13559
authority created in accordance with section 353.02 of the Revised	13560
Code.	13561

Sec. 145.27. (A)(1) As used in this division, "personal	13562
history record" means information maintained by the public	13563
employees retirement board on an individual who is a member,	13564
former member, contributor, former contributor, retirant, or	13565
beneficiary that includes the address, telephone number, social	13566
security number, record of contributions, correspondence with the	13567
public employees retirement system, or other information the board	13568
determines to be confidential.	13569

(2) The records of the board shall be open to public	13570
inspection, except that the following shall be excluded, except	13571
with the written authorization of the individual concerned:	13572

(a) The individual's statement of previous service and other	13573
information as provided for in section 145.16 of the Revised Code;	13574

(b) The amount of a monthly allowance or benefit paid to the	13575
individual;	13576

13577

(B) All medical reports and recommendations required by this	13578
chapter are privileged, except as follows:	13579

(1) Copies of medical reports or recommendations shall be	13580
made available to the personal physician, attorney, or authorized	13581
agent of the individual concerned upon written release from the	13582
individual or the individual's agent, or when necessary for the	13583
proper administration of the fund, to the board assigned	13584
physician.	13585

(2) Documentation required by section 2929.193 of the Revised	13586
Code shall be provided to a court holding a hearing under that	13587
section.	13588

(C) Any person who is a member or contributor of the system	13589
shall be furnished with a statement of the amount to the credit of	13590
the individual's account upon written request. The board is not	13591
required to answer more than one such request of a person in any	13592
one year. The board may issue annual statements of accounts to	13593
members and contributors.	13594

(D) Notwithstanding the exceptions to public inspection in	13595
division (A)(2) of this section, the board may furnish the	13596
following information:	13597

(1) If a member, former member, contributor, former	13598
contributor, or retirant is subject to an order issued under	13599
section 2907.15 of the Revised Code or an order issued under	13600
division (A) or (B) of section 2929.192 of the Revised Code or is	13601
convicted of or pleads guilty to a violation of section 2921.41 of	13602
the Revised Code, on written request of a prosecutor as defined in	13603
section 2935.01 of the Revised Code, the board shall furnish to	13604
the prosecutor the information requested from the individual's	13605
personal history record.	13606

(2) Pursuant to a court or administrative order issued	13607
pursuant to Chapter 3119., 3121., 3123., or 3125. of the Revised	13608
Code, the board shall furnish to a court or child support	13609
enforcement agency the information required under that section.	13610

(3) At the written request of any person, the board shall	13611
provide to the person a list of the names and addresses of	13612
members, former members, contributors, former contributors,	13613
retirants, or beneficiaries. The costs of compiling, copying, and	13614
mailing the list shall be paid by such person.	13615

(4) Within fourteen days after receiving from the director of	13616
job and family services a list of the names and social security	13617
numbers of recipients of public assistance pursuant to section	13618
5101.181 of the Revised Code, the board shall inform the auditor	13619
of state of the name, current or most recent employer address, and	13620
social security number of each member whose name and social	13621
security number are the same as that of a person whose name or	13622
social security number was submitted by the director. The board	13623
and its employees shall, except for purposes of furnishing the	13624
auditor of state with information required by this section,	13625
preserve the confidentiality of recipients of public assistance in	13626
compliance with ~~division (A) of~~ section 5101.181 of the Revised	13627
Code.	13628

(5) The system shall comply with orders issued under section	13629
3105.87 of the Revised Code.	13630

On the written request of an alternate payee, as defined in	13631
section 3105.80 of the Revised Code, the system shall furnish to	13632
the alternate payee information on the amount and status of any	13633
amounts payable to the alternate payee under an order issued under	13634
section 3105.171 or 3105.65 of the Revised Code.	13635

(6) At the request of any person, the board shall make	13636
available to the person copies of all documents, including	13637
resumes, in the board's possession regarding filling a vacancy of	13638
an employee member or retirant member of the board. The person who	13639
made the request shall pay the cost of compiling, copying, and	13640
mailing the documents. The information described in division	13641
(D)(6) of this section is a public record.	13642

(7) The system shall provide the notice required by section	13643
145.573 of the Revised Code to the prosecutor assigned to the	13644
case.	13645

(E) A statement that contains information obtained from the	13646
system's records that is signed by the executive director or an	13647
officer of the system and to which the system's official seal is	13648
affixed, or copies of the system's records to which the signature	13649
and seal are attached, shall be received as true copies of the	13650
system's records in any court or before any officer of this state.	13651

Sec. 145.56. The right of an individual to a pension, an	13652
annuity, or a retirement allowance itself, the right of an	13653
individual to any optional benefit, any other right accrued or	13654
accruing to any individual, under this chapter, or under any	13655
municipal retirement system established subject to this chapter	13656
under the laws of this state or any charter, the various funds	13657
created by this chapter, or under such municipal retirement	13658
system, and all moneys, investments, and income from moneys or	13659
investments are exempt from any state tax, except the tax imposed	13660
by section 5747.02 of the Revised Code, and are exempt from any	13661
county, municipal, or other local tax, except income taxes imposed	13662
pursuant to section 5748.02 or, 5748.08, or 5748.09 of the Revised	13663
Code, and, except as provided in sections 145.57, 145.572,	13664
145.573, 3105.171, 3105.65, and 3115.32 and Chapters 3119., 3121.,	13665
3123., and 3125. of the Revised Code, shall not be subject to	13666
execution, garnishment, attachment, the operation of bankruptcy or	13667
insolvency laws, or other process of law whatsoever, and shall be	13668
unassignable except as specifically provided in this chapter and	13669
sections 3105.171, 3105.65, and 3115.32 and Chapters 3119., 3121.,	13670
3123., and 3125. of the Revised Code.	13671

Sec. 149.01. Each elective state officer, the adjutant	13672
general, the adult parole authority, the department of	13673
agriculture, the director of administrative services, the public	13674
utilities commission, the superintendent of insurance, the	13675
superintendent of financial institutions, the superintendent of	13676
purchases and printing, the state commissioner of soldiers'	13677
claims, the fire marshal, the industrial commission, the	13678
administrator of workers' compensation, the state department of	13679
transportation, the department of health, the state medical board,	13680
the state dental board, the board of embalmers and funeral	13681
directors, the Ohio commission for the blind, the accountancy	13682
board of Ohio, the state council of uniform state laws, the board	13683
of commissioners of the sinking fund, the department of taxation,	13684
the board of tax appeals, ~~the clerk of the supreme court,~~ the	13685
division of liquor control, the director of state armories, the	13686
trustees of the Ohio state university, and every private or	13687
quasi-public institution, association, board, or corporation	13688
receiving state money for its use and purpose shall make annually,	13689
at the end of each fiscal year, in quadruplicate, a report of the	13690
transactions and proceedings of that office or department for that	13691
fiscal year, excepting receipts and disbursements unless otherwise	13692
specifically required by law. The report shall contain a summary	13693
of the official acts of the officer, board, council, commission,	13694
institution, association, or corporation and any suggestions and	13695
recommendations that are proper. On the first day of August of	13696
each year, one of the reports shall be filed with the governor,	13697
one with the secretary of state, and one with the state library,	13698
and one shall be kept on file in the office of the officer, board,	13699
council, commission, institution, association, or corporation.	13700

Sec. 149.091. (A) ~~Except as otherwise provided in division~~	13701
~~(C) of this section, the~~The secretary of state shall compile,	13702
publish, and distribute the session laws either annually or	13703
biennially in a paper or electronic format ~~a maximum of nine~~	13704
~~hundred copies of the session laws~~. The annual or biennial	13705
publication shall contain all enrolled acts and joint resolutions.	13706
~~The secretary of state shall cause to be printed with each~~	13707
~~compilation of enrolled acts and joint resolutions distributed~~, a	13708
subject index, a table indicating Revised Code sections affected,	13709
and the secretary of state's certificate that the laws, as	13710
compiled and distributed, are true copies of the original enrolled	13711
acts or joint resolutions in the secretary of state's office.	13712

(B)(1) The secretary of state ~~shall~~may distribute the	13713
~~compilations~~paper or electronic format of the session laws in	13714
free of charge to the following ~~manner~~persons or entities:	13715

~~(1) One shall be forwarded to each~~(a) Each county auditor.

13716

~~(2) One shall be forwarded to each~~(b) Each county law	13717
library.	13718

~~(3) Two hundred may be distributed, free of charge, to~~(c)	13719
Other public officials upon request of the public official.	13720

~~(4) Remaining compilations may be sold by the secretary of~~	13721
~~state at a price that shall not exceed the actual cost of~~	13722
~~publication and distribution.~~	13723

~~(B) Notwithstanding division (C) of this section, the~~	13724
~~secretary of state shall compile, publish, and distribute, either~~	13725
~~annually or biennially, in permanently bound volumes, a minimum of~~	13726
~~twenty-five copies of the session laws. The annual or biennial~~	13727
~~volumes shall contain copies of all enrolled acts and joint~~	13728
~~resolutions. The secretary of state shall cause to be printed with~~	13729
~~each volume of enrolled acts and joint resolutions distributed a~~	13730
~~subject index, a table indicating Revised Code sections affected,~~	13731
~~and the secretary of state's certificate that the laws so~~	13732
~~assembled are true copies of the original enrolled acts or joint~~	13733
~~resolutions in the secretary of state's office.~~	13734

(2) The secretary of state shall distribute the ~~permanently~~	13735
~~bound volumes~~paper or electronic format of the session laws in	13736
free of charge to the following ~~manner~~persons or entities:	13737

~~(1) Five copies shall be forwarded to the~~(a) The clerk of	13738
the house of representatives.	13739

~~(2) Five copies shall be forwarded to the~~(b) The clerk of	13740
the senate.	13741

~~(3) Five copies shall be forwarded to the~~(c) The legislative	13742
service commission.	13743

~~(4) Two copies shall be forwarded to the~~(d) The Ohio supreme	13744
court.	13745

~~(5) Two copies shall be forwarded to the~~(e) The document	13746
division of the library of congress.	13747

~~(6) Two copies shall be forwarded to the~~(f) The state	13748
library.	13749

~~(7) Two copies shall be forwarded to the~~(g) The Ohio	13750
historical society.	13751

~~(8) Two copies shall be retained by the~~The secretary of	13752
state shall retain a paper or electronic format of the session	13753
laws.	13754

(C) ~~The secretary of state annually or biennially may~~	13755
~~compile, publish, and distribute the session laws in an electronic~~	13756
~~format instead of compiling and publishing the session laws as~~	13757
~~provided in division (A) of this section. If the secretary of~~	13758
~~state compiles and publishes the session laws in an electronic~~	13759
~~format, the following apply:~~	13760

~~(1) The session laws in electronic format shall include~~	13761
~~copies of all enrolled acts and joint resolutions and shall~~	13762
~~contain a subject index and a table indicating Revised Code~~	13763
~~sections affected.~~	13764

~~(2) Each compilation of the session laws in electronic format~~	13765
~~shall include the secretary of state's certificate that the laws~~	13766
~~so compiled and published are true copies of the original enrolled~~	13767
~~acts and joint resolutions in the secretary of state's office.~~	13768

~~(3) The session laws may be distributed in an electronic~~	13769
~~format to public officials free of charge.~~	13770

~~(4)~~ The session laws may be sold in ana paper or electronic	13771
format to individuals or entities not specified in division ~~(A) or~~	13772
(B) of this section. The price shall not exceed the actual cost of	13773
producing and distributing the session laws in ana paper or	13774
electronic format.	13775

Sec. 149.11. Any department, division, bureau, board, or	13776
commission of the state government issuing a report, pamphlet,	13777
document, or other publication intended for general public use and	13778
distribution, which publication is reproduced by duplicating	13779
processes such as mimeograph, multigraph, planograph, rotaprint,	13780
or multilith, or printed internally or through a contract awarded	13781
to any person, company, or the state printing division of the	13782
department of administrative services, shall cause to be delivered	13783
to the state library one hundred copies of the publication,	13784
subject to the provisions of section 125.42 of the Revised Code.	13785

The state library board shall distribute the publications so	13786
received as follows:	13787

(A) Retain two copies in the state library;

13788

(B) Send two copies to the document division of the library	13789
of congress;	13790

(C) Send one copy to the Ohio historical society and to each	13791
public or college library in the state designated by the state	13792
library board to be a depository for state publications. In	13793
designating which libraries shall be depositories, the board shall	13794
select those libraries that can best preserve those publications	13795
and that are so located geographically as will make the	13796
publications conveniently accessible to residents in all areas of	13797
the state.	13798

(D) Send one copy to each state in exchange for like	13799
publications of that state.	13800

The provisions of this section ~~shall~~do not apply to any	13801
publication of the general assembly or to the publications	13802
described in sections 149.07, 149.08, 149.091, and 149.17 of the	13803
Revised Code, except that the secretary of state shall forward to	13804
the document division of the library of congress two copies of all	13805
journals, two copies of the session laws ~~in bound form~~ as provided	13806
for in section 149.091 of the Revised Code, and two copies of all	13807
appropriation laws in separate form.	13808

Sec. 149.308. There is hereby created in the state treasury	13809
the Ohio historical society income tax contribution fund, which	13810
shall consist of money contributed to it under section 5747.113 of	13811
the Revised Code for taxable years beginning on or after January	13812
1, 2011, and of contributions made directly to it. Any person may	13813
contribute directly to the fund in addition to or independently of	13814
the income tax refund contribution system established in section	13815
5747.113 of the Revised Code.	13816

The Ohio historical society shall use money credited to the	13817
fund in furtherance of the public functions with which the society	13818
is charged under section 149.30 of the Revised Code.	13819

Sec. 149.311. (A) As used in this section:

13820

(1) "Historic building" means a building, including its	13821
structural components, that is located in this state and that is	13822
either individually listed on the national register of historic	13823
places under 16 U.S.C. 470a, located in a registered historic	13824
district, and certified by the state historic preservation officer	13825
as being of historic significance to the district, or is	13826
individually listed as a historic landmark designated by a local	13827
government certified under 16 U.S.C. 470a(c).	13828

(2) "Qualified rehabilitation expenditures" means	13829
expenditures paid or incurred during the rehabilitation period,	13830
and before and after that period as determined under 26 U.S.C. 47,	13831
by an owner of a historic building to rehabilitate the building.	13832
"Qualified rehabilitation expenditures" includes architectural or	13833
engineering fees paid or incurred in connection with the	13834
rehabilitation, and expenses incurred in the preparation of	13835
nomination forms for listing on the national register of historic	13836
places. "Qualified rehabilitation expenditures" does not include	13837
any of the following:	13838

(a) The cost of acquiring, expanding, or enlarging a historic	13839
building;	13840

(b) Expenditures attributable to work done to facilities	13841
related to the building, such as parking lots, sidewalks, and	13842
landscaping;	13843

13844

(3) "Owner" of a historic building means a person holding the	13845
fee simple interest in the building. "Owner" does not include the	13846
state or a state agency, or any political subdivision as defined	13847
in section 9.23 of the Revised Code.	13848

(4) "Certificate owner" means the owner of a historic	13849
building to which a rehabilitation tax credit certificate was	13850
issued under this section.	13851

(5) "Registered historic district" means a historic district	13852
listed in the national register of historic places under 16 U.S.C.	13853
470a, a historic district designated by a local government	13854
certified under 16 U.S.C. 470a(c), or a local historic district	13855
certified under 36 C.F.R. 67.8 and 67.9.	13856

(6) "Rehabilitation" means the process of repairing or	13857
altering a historic building or buildings, making possible an	13858
efficient use while preserving those portions and features of the	13859
building and its site and environment that are significant to its	13860
historic, architectural, and cultural values.	13861

(7) "Rehabilitation period" means one of the following:

13862

(a) If the rehabilitation initially was not planned to be	13863
completed in stages, a period chosen by the owner not to exceed	13864
twenty-four months during which rehabilitation occurs;	13865

(b) If the rehabilitation initially was planned to be	13866
completed in stages, a period chosen by the owner not to exceed	13867
sixty months during which rehabilitation occurs. Each stage shall	13868
be reviewed as a phase of a rehabilitation as determined under 36	13869
C.F.R. 67.7(b)(8) or a successor to that section.	13870

(8) "State historic preservation officer" or "officer" means	13871
the state historic preservation officer appointed by the governor	13872
under 16 U.S.C. 470a.	13873

~~(9) "Application period" means any of the following time~~	13874
~~periods for which an application for a rehabilitation tax credit~~	13875
~~certificate may be filed under this section:~~	13876

~~(a) July 1, 2007, through June 30, 2008;~~

13877

~~(b) July 1, 2009, through June 30, 2010;~~

13878

~~(c) July 1, 2010, through June 30, 2011.~~

13879

(B) ~~For any application period, the~~The owner of a historic	13880
building may apply to the ~~state historic preservation officer~~	13881
director of development for a rehabilitation tax credit	13882
certificate for qualified rehabilitation expenditures paid or	13883
incurred after April 4, 2007, for rehabilitation of a historic	13884
building. The form and manner of filing such applications shall be	13885
prescribed by rule of the director of development~~, and, except as~~	13886
~~otherwise provided in division (D) of this section, applications~~	13887
~~expire at the end of each application period~~. Each application	13888
shall state the amount of qualified rehabilitation expenditures	13889
the applicant estimates will be paid or incurred. The director may	13890
require applicants to furnish documentation of such estimates.	13891

The director, after consultation with the tax commissioner	13892
and in accordance with Chapter 119. of the Revised Code, shall	13893
adopt rules that establish all of the following:	13894

(1) Forms and procedures by which applicants may apply for	13895
rehabilitation tax credit certificates;	13896

(2) Criteria for reviewing, evaluating, and approving	13897
applications for certificates within the limitations under	13898
division (D) of this section, criteria for assuring that the	13899
certificates issued encompass a mixture of high and low qualified	13900
rehabilitation expenditures, and criteria for issuing certificates	13901
under division (C)(3)(b) of this section;	13902

(3) Eligibility requirements for obtaining a certificate	13903
under this section;	13904

(4) The form of rehabilitation tax credit certificates;

13905

(5) Reporting requirements and monitoring procedures;

13906

(6) Any other rules necessary to implement and administer	13907
this section.	13908

(C) The ~~state historic preservation officer shall accept~~	13909
~~applications and forward them to the~~ director of development~~, who~~	13910
shall review the applications with the assistance of the state	13911
historic preservation officer and determine whether all of the	13912
following criteria are met:	13913

(1) That the building that is the subject of the application	13914
is a historic building and the applicant is the owner of the	13915
building;	13916

(2) That the rehabilitation will satisfy standards prescribed	13917
by the United States secretary of the interior under 16 U.S.C.	13918
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	13919
that section;	13920

(3) That receiving a rehabilitation tax credit certificate	13921
under this section is a major factor in:	13922

(a) The applicant's decision to rehabilitate the historic	13923
building; or	13924

(b) To increase the level of investment in such	13925
rehabilitation.	13926

An applicant shall demonstrate to the satisfaction of the	13927
state historic preservation officer and director of development	13928
that the rehabilitation will satisfy the standards described in	13929
division (C)(2) of this section before the applicant begins the	13930
physical rehabilitation of the historic building.	13931

(D)(1) The director of development may approve an application	13932
and issue a rehabilitation tax credit certificate to an applicant	13933
only if the director determines that the criteria in divisions	13934
(C)(1), (2), and (3) of this section are met. The director shall	13935
consider the potential economic impact and the regional	13936
distributive balance of the credits throughout the state.	13937

(2) A rehabilitation tax credit certificate shall not be	13938
issued before rehabilitation of a historic building is completed	13939
or. A rehabilitation tax credit certificate shall not be issued	13940
for an amount greater than the estimated amount furnished by the	13941
applicant on the application for such certificate and approved by	13942
the director. The director shall not approve more than a total of	13943
~~sixty~~twenty-five million dollars of rehabilitation tax credits	13944
~~for an application period~~per fiscal year but the director may	13945
reallocate unused tax credits from a prior fiscal year for new	13946
applicants and such reallocated credits shall not apply toward the	13947
dollar limit of this division.	13948

(3) ~~Of the sixty million dollars approved for application~~	13949
~~periods July 1, 2009, through June 30, 2010, and July 1, 2010,~~	13950
~~through June 30, 2011, forty-five million dollars shall be~~	13951
~~reserved in each application period for the award of~~	13952
~~rehabilitation tax credit certificates to applicants who, as of~~	13953
~~March 1, 2008, had filed completed applications that met the~~	13954
~~criteria described in divisions (C)(1), (2), and (3) of this~~	13955
~~section, who have not withdrawn the application, and who have not~~	13956
~~yet been approved to receive a certificate. If the total amount of~~	13957
~~credits awarded for such applications is less than forty-five~~	13958
~~million dollars in an application period, the remainder shall be~~	13959
~~made available for other qualifying applications for that~~	13960
~~application period.~~	13961

For rehabilitations with a rehabilitation period not	13962
exceeding twenty-four months as provided in division (A)(7)(a) of	13963
this section, a rehabilitation tax credit certificate shall not be	13964
issued before the rehabilitation of the historic building is	13965
completed.	13966

(4) IfFor rehabilitations with a rehabilitation period not	13967
exceeding sixty months as provided in division (A)(7)(b) of this	13968
section, a rehabilitation tax credit certificate shall not be	13969
issued before a stage of rehabilitation is completed. After all	13970
stages of rehabilitation are completed, if the director cannot	13971
determine that the criteria in division (C) of this section are	13972
satisfied for all stages of rehabilitations, the director shall	13973
certify this finding to the tax commissioner, and any	13974
rehabilitation tax credits received by the applicant shall be	13975
repaid by the applicant and may be collected by assessment as	13976
unpaid tax by the commissioner.	13977

(5) The director of development shall require the applicant	13978
to provide a third-party cost certification by a certified public	13979
accountant of the actual costs attributed to the rehabilitation of	13980
the historic building when qualified rehabilitation expenditures	13981
exceed two hundred thousand dollars.	13982

If an applicant whose application is approved for receipt of	13983
a rehabilitation tax credit certificate fails to provide to the	13984
director of development sufficient evidence of reviewable	13985
progress, including a viable financial plan, copies of final	13986
construction drawings, and evidence that the applicant has	13987
obtained all historic approvals within twelve months after the	13988
date the applicant received notification of approval, orand if	13989
the applicant fails to provide evidence to the director of	13990
development that the applicant has secured and closed on financing	13991
for the rehabilitation within eighteen months after receiving	13992
notification of approval, the director may rescind the approval of	13993
the application. The director shall notify the applicant ~~that~~if	13994
the approval has been rescinded. Credits that would have been	13995
available to an applicant whose approval was rescinded shall be	13996
available for other qualified applicants. Nothing in this division	13997
prohibits an applicant whose approval has been rescinded from	13998
submitting a new application for a rehabilitation tax credit	13999
certificate.	14000

(E) Issuance of a certificate represents a finding by the	14001
director of development of the matters described in divisions	14002
(C)(1), (2), and (3) of this section only; issuance of a	14003
certificate does not represent a verification or certification by	14004
the director of the amount of qualified rehabilitation	14005
expenditures for which a tax credit may be claimed under section	14006
5725.151, 5725.34, 5729.17, 5733.47, or 5747.76 of the Revised	14007
Code. The amount of qualified rehabilitation expenditures for	14008
which a tax credit may be claimed is subject to inspection and	14009
examination by the tax commissioner or employees of the	14010
commissioner under section 5703.19 of the Revised Code and any	14011
other applicable law. Upon the issuance of a certificate, the	14012
director shall certify to the tax commissioner, in the form and	14013
manner requested by the tax commissioner, the name of the	14014
applicant, the amount of qualified rehabilitation expenditures	14015
shown on the certificate, and any other information required by	14016
the rules adopted under this section.	14017

(F)(1) On or before the first day of ~~December in 2007, 2008,~~	14018
~~2009, 2010, and 2011~~April each year, the director of development	14019
and tax commissioner jointly shall submit to the president of the	14020
senate and the speaker of the house of representatives a report on	14021
the tax credit program established under this section and sections	14022
5725.151, 5725.34, 5729.17, 5733.47, and 5747.76 of the Revised	14023
Code. The report shall present an overview of the program and	14024
shall include information on the number of rehabilitation tax	14025
credit certificates issued under this section during an	14026
~~application period~~the preceding fiscal year, an update on the	14027
status of each historic building for which an application was	14028
approved under this section, the dollar amount of the tax credits	14029
granted under sections 5725.151, 5725.34, 5729.17, 5733.47, and	14030
5747.76 of the Revised Code, and any other information the	14031
director and commissioner consider relevant to the topics	14032
addressed in the report.	14033

(2) On or before December 1, ~~2012~~2015, the director of	14034
development and tax commissioner jointly shall submit to the	14035
president of the senate and the speaker of the house of	14036
representatives a comprehensive report that includes the	14037
information required by division (F)(1) of this section and a	14038
detailed analysis of the effectiveness of issuing tax credits for	14039
rehabilitating historic buildings. The report shall be prepared	14040
with the assistance of an economic research organization jointly	14041
chosen by the director and commissioner.	14042

(G) There is hereby created in the state treasury the	14043
historic rehabilitation tax credit operating fund. The director of	14044
development is authorized to charge reasonable application and	14045
other fees in connection with the administration of tax credits	14046
authorized by this section and sections 5725.151, 5725.34,	14047
5729.17, 5733.44, and 5747.76 of the Revised Code. Any such fees	14048
collected shall be credited to the fund and used to pay reasonable	14049
costs incurred by the department of development in administering	14050
this section and sections 5725.151, 5725.34, 5729.17, 5733.44, and	14051
5747.76 of the Revised Code.	14052

The Ohio historic preservation office is authorized to charge	14053
reasonable fees in connection with its review and approval of	14054
applications under this section. Any such fees collected shall be	14055
credited to the fund and used to pay administrative costs incurred	14056
by the Ohio historic preservation office pursuant to this section.	14057

Sec. 149.351. (A) All records are the property of the public	14058
office concerned and shall not be removed, destroyed, mutilated,	14059
transferred, or otherwise damaged or disposed of, in whole or in	14060
part, except as provided by law or under the rules adopted by the	14061
records commissions provided for under sections 149.38 to 149.42	14062
of the Revised Code or under the records programs established by	14063
the boards of trustees of state-supported institutions of higher	14064
education under section 149.33 of the Revised Code. ~~Such~~Those	14065
records shall be delivered by outgoing officials and employees to	14066
their successors and shall not be otherwise removed, destroyed,	14067
mutilated, or transferred~~, or destroyed~~ unlawfully.	14068

(B) Any person who is aggrieved by the removal, destruction,	14069
mutilation, or transfer of, or by other damage to or disposition	14070
of a record in violation of division (A) of this section, or by	14071
threat of such removal, destruction, mutilation, transfer, or	14072
other damage to or disposition of such a record, may commence	14073
either or both of the following in the court of common pleas of	14074
the county in which division (A) of this section allegedly was	14075
violated or is threatened to be violated:	14076

(1) A civil action for injunctive relief to compel compliance	14077
with division (A) of this section, and to obtain an award of the	14078
reasonable attorney's fees incurred by the person in the civil	14079
action;	14080

(2) A civil action to recover a forfeiture in the amount of	14081
one thousand dollars for each violation, but not to exceed a	14082
cumulative total of ten thousand dollars, regardless of the number	14083
of violations, and to obtain an award of the reasonable attorney's	14084
fees incurred by the person in the civil action not to exceed the	14085
forfeiture amount recovered.	14086

(C)(1) A person is not aggrieved by a violation of division	14087
(A) of this section if clear and convincing evidence shows that	14088
the request for a record was contrived as a pretext to create	14089
potential liability under this section. The commencement of a	14090
civil action under division (B) of this section waives any right	14091
under this chapter to decline to divulge the purpose for	14092
requesting the record, but only to the extent needed to evaluate	14093
whether the request was contrived as a pretext to create potential	14094
liability under this section.	14095

(2) In a civil action under division (B) of this section, if	14096
clear and convincing evidence shows that the request for a record	14097
was a pretext to create potential liability under this section,	14098
the court may award reasonable attorney's fees to any defendant or	14099
defendants in the action.	14100

(D) Once a person recovers a forfeiture in a civil action	14101
commenced under division (B)(2) of this section, no other person	14102
may recover a forfeiture under that division for a violation of	14103
division (A) of this section involving the same record, regardless	14104
of the number of persons aggrieved by a violation of division (A)	14105
of this section or the number of civil actions commenced under	14106
this section.	14107

(E) A civil action for injunctive relief under division	14108
(B)(1) of this section or a civil action to recover a forfeiture	14109
under division (B)(2) of this section shall be commenced within	14110
five years after the day in which division (A) of this section was	14111
allegedly violated or was threatened to be violated.	14112

Sec. 149.38. (A) ~~There~~Except as otherwise provided in	14113
section 307.847 of the Revised Code, there is hereby created in	14114
each county a county records commission, composed of a member of	14115
the board of county commissioners as chairperson, the prosecuting	14116
attorney, the auditor, the recorder, and the clerk of the court of	14117
common pleas. The commission shall appoint a secretary, who may or	14118
may not be a member of the commission and who shall serve at the	14119
pleasure of the commission. The commission may employ an archivist	14120
or records manager to serve under its direction. The commission	14121
shall meet at least once every six months and upon the call of the	14122
chairperson.	14123

(B) The functions of the county records commission shall be	14124
to provide rules for retention and disposal of records of the	14125
county, and to review applications for one-time disposal of	14126
obsolete records and schedules of records retention and	14127
disposition submitted by county offices. The commission may	14128
dispose of records pursuant to the procedure outlined in this	14129
section. The commission, at any time, may review any schedule it	14130
has previously approved and, for good cause shown, may revise that	14131
schedule, subject to division (D) of this section.	14132

(C)(1) When the county records commission has approved any	14133
county application for one-time disposal of obsolete records or	14134
any schedule of records retention and disposition, the commission	14135
shall send that application or schedule to the Ohio historical	14136
society for its review. The Ohio historical society shall review	14137
the application or schedule within a period of not more than sixty	14138
days after its receipt of it. ~~Upon~~During the sixty-day review	14139
period, the Ohio historical society may select for its custody	14140
from the application for one-time disposal of obsolete records any	14141
records it considers to be of continuing historical value, and	14142
shall denote upon any schedule of records retention and	14143
disposition any records for which the Ohio historical society will	14144
require a certificate of records disposal prior to their disposal.	14145

(2) Upon completion of its review, the Ohio historical	14146
society shall forward the application for one-time disposal of	14147
obsolete records or the schedule of records retention and	14148
disposition to the auditor of state for the auditor's approval or	14149
disapproval. The auditor of state shall approve or disapprove the	14150
application or schedule within a period of not more than sixty	14151
days after receipt of it. ~~Before~~	14152

(3) Before public records are to be disposed of pursuant to	14153
an approved schedule of records retention and disposition, the	14154
county records commission shall inform the Ohio historical society	14155
of the disposal through the submission of a certificate of records	14156
disposal for only the records required by the schedule to be	14157
disposed of and shall give the society the opportunity for a	14158
period of fifteen business days to select for its custody those	14159
records, from the certificate submitted, that it considers to be	14160
of continuing historical value. Upon the expiration of the	14161
fifteen-business-day period, the county records commission also	14162
shall notify the public libraries, county historical society,	14163
state universities, and other public or quasi-public institutions,	14164
agencies, or corporations in the county that have provided the	14165
commission with their name and address for these notification	14166
purposes, that the commission has informed the Ohio historical	14167
society of the records disposal and that the notified entities,	14168
upon written agreement with the Ohio historical society pursuant	14169
to section 149.31 of the Revised Code, may select records of	14170
continuing historical value, including records that may be	14171
distributed to any of the notified entities under section 149.31	14172
of the Revised Code. Any notified entity that notifies the county	14173
records commission of its intent to review and select records of	14174
continuing historical value from certificates of records disposal	14175
is responsible for the cost of any notice given and for the	14176
transportation of those records.	14177

(D) The rules of the county records commission shall include	14178
a rule that requires any receipts, checks, vouchers, or other	14179
similar records pertaining to expenditures from the delinquent tax	14180
and assessment collection fund created in section 321.261 of the	14181
Revised Code, from the real estate assessment fund created in	14182
section 325.31 of the Revised Code, or from amounts allocated for	14183
the furtherance of justice to the county sheriff under section	14184
325.071 of the Revised Code or to the prosecuting attorney under	14185
section 325.12 of the Revised Code to be retained for at least	14186
four years.	14187

(E) No person shall knowingly violate the rule adopted under	14188
division (D) of this section. Whoever violates that rule is guilty	14189
of a misdemeanor of the first degree.	14190

Sec. 149.381. (A) As used in this section, "records	14191
commission" means a records commission created under section	14192
149.39 of the Revised Code, a school district records commission	14193
and an educational service center records commission created under	14194
section 149.41 of the Revised Code, a library records commission	14195
created under section 149.411 of the Revised Code, a special	14196
taxing district records commission created under section 149.412	14197
of the Revised Code, and a township records commission created	14198
under section 149.42 of the Revised Code.	14199

(B) When a records commission has approved an application for	14200
one-time disposal of obsolete records or any schedule of records	14201
retention and disposition, the records commission shall send that	14202
application or schedule to the Ohio historical society for its	14203
review. The Ohio historical society shall review the application	14204
or schedule within a period of not more than sixty days after its	14205
receipt of it. During the sixty-day review period, the Ohio	14206
historical society may select for its custody from the application	14207
for one-time disposal of obsolete records any records it considers	14208
to be of continuing historical value, and shall denote upon any	14209
schedule of records retention and disposition the records for	14210
which the Ohio historical society will require a certificate of	14211
records disposal prior to their disposal.	14212

(C) Upon completion of its review, the Ohio historical	14213
society shall forward the application for one-time disposal of	14214
obsolete records or the schedule of records retention and	14215
disposition to the auditor of state for the auditor of state's	14216
approval or disapproval. The auditor of state shall approve or	14217
disapprove the application or schedule within a period of not more	14218
than sixty days after receipt of it.	14219

(D) Before public records are to be disposed of pursuant to	14220
an approved schedule of records retention and disposition, the	14221
records commission shall inform the Ohio historical society of the	14222
disposal through the submission of a certificate of records	14223
disposal for only the records required by the schedule to be	14224
disposed of, and shall give the society the opportunity for a	14225
period of fifteen business days to select for its custody those	14226
public records, from the certificate submitted, that it considers	14227
to be of continuing historical value.	14228

(E) The Ohio historical society may not review or select for	14229
its custody any of the following:	14230

(1) Records the release of which is prohibited by section	14231
149.432 of the Revised Code.	14232

(2) Records containing personally identifiable information	14233
concerning any pupil attending a public school other than	14234
directory information, as defined in section 3319.321 of the	14235
Revised Code, without the written consent of the parent, guardian,	14236
or custodian of each such pupil who is less than eighteen years of	14237
age, or without the written consent of each pupil who is eighteen	14238
years of age or older.	14239

(3) Records the release of which would, according to the	14240
"Family Educational Rights and Privacy Act of 1974," 88 Stat. 571,	14241
20 U.S.C. 1232g, disqualify a school or other educational	14242
institution from receiving federal funds.	14243

Sec. 149.39. There is hereby created in each municipal	14244
corporation a records commission composed of the chief executive	14245
or the chief executive's appointed representative, as chairperson,	14246
and the chief fiscal officer, the chief legal officer, and a	14247
citizen appointed by the chief executive. The commission shall	14248
appoint a secretary, who may or may not be a member of the	14249
commission and who shall serve at the pleasure of the commission.	14250
The commission may employ an archivist or records manager to serve	14251
under its direction. The commission shall meet at least once every	14252
six months and upon the call of the chairperson.	14253

The functions of the commission shall be to provide rules for	14254
retention and disposal of records of the municipal corporation,	14255
and to review applications for one-time disposal of obsolete	14256
records and schedules of records retention and disposition	14257
submitted by municipal offices. The commission may dispose of	14258
records pursuant to the procedure outlined in ~~this~~ section 149.381	14259
of the Revised Code. The commission, at any time, may review any	14260
schedule it has previously approved and, for good cause shown, may	14261
revise that schedule under the procedure outlined in that section.	14262

~~When the municipal records commission has approved any~~	14263
~~application for one-time disposal of obsolete records or any~~	14264
~~schedule of records retention and disposition, the commission~~	14265
~~shall send that application or schedule to the Ohio historical~~	14266
~~society for its review. The Ohio historical society shall review~~	14267
~~the application or schedule within a period of not more than sixty~~	14268
~~days after its receipt of it. Upon completion of its review, the~~	14269
~~Ohio historical society shall forward the application for one-time~~	14270
~~disposal of obsolete records or the schedule of records retention~~	14271
~~and disposition to the auditor of state for the auditor's approval~~	14272
~~or disapproval. The auditor shall approve or disapprove the~~	14273
~~application or schedule within a period of not more than sixty~~	14274
~~days after receipt of it. Before public records are to be disposed~~	14275
~~of, the commission shall inform the Ohio historical society of the~~	14276
~~disposal through the submission of a certificate of records~~	14277
~~disposal and shall give the society the opportunity for a period~~	14278
~~of fifteen business days to select for its custody those public~~	14279
~~records that it considers to be of continuing historical value.~~	14280

Sec. 149.41. There is hereby created in each city, local,	14281
joint vocational, and exempted village school district a school	14282
district records commission, and in each educational service	14283
center an educational service center records commission. Each	14284
records commission shall be composed of the president, the	14285
treasurer of the board of education or governing board of the	14286
educational service center, and the superintendent of schools in	14287
each such district or educational service center. The commission	14288
shall meet at least once every twelve months.	14289

The function of the commission shall be to review	14290
applications for one-time disposal of obsolete records and	14291
schedules of records retention and disposition submitted by any	14292
employee of the school district or educational service center. The	14293
commission may dispose of records pursuant to the procedure	14294
outlined in ~~this~~ section 149.381 of the Revised Code. The	14295
commission, at any time, may review any schedule it has previously	14296
approved and, for good cause shown, may revise that schedule under	14297
the procedure outlined in that section.	14298

~~When the school district records commission or the~~	14299
~~educational service center records commission has approved any~~	14300
~~application for one-time disposal of obsolete records or any~~	14301
~~schedule of records retention and disposition, the appropriate~~	14302
~~commission shall send that application or schedule to the Ohio~~	14303
~~historical society for its review. The Ohio historical society~~	14304
~~shall review the application or schedule within a period of not~~	14305
~~more than sixty days after its receipt of it. Upon completion of~~	14306
~~its review, the Ohio historical society shall forward the~~	14307
~~application for one-time disposal of obsolete records or the~~	14308
~~schedule of records retention and disposition to the auditor of~~	14309
~~state for the auditor's approval or disapproval. The auditor shall~~	14310
~~approve or disapprove the application or schedule within a period~~	14311
~~of not more than sixty days after receipt of it. Before public~~	14312
~~records are to be disposed of, the appropriate commission shall~~	14313
~~inform the Ohio historical society of the disposal through the~~	14314
~~submission of a certificate of records disposal and shall give the~~	14315
~~society the opportunity for a period of fifteen business days to~~	14316
~~select for its custody those public records that it considers to~~	14317
~~be of continuing historical value. The society may not review or~~	14318
~~select for its custody either of the following:~~	14319

~~(A) Records containing personally identifiable information~~	14320
~~concerning any pupil attending a public school other than~~	14321
~~directory information, as defined in section 3319.321 of the~~	14322
~~Revised Code, without the written consent of the parent, guardian,~~	14323
~~or custodian of each such pupil who is less than eighteen years of~~	14324
~~age, or without the written consent of each such pupil who is~~	14325
~~eighteen years of age or older;~~	14326

~~(B) Records the release of which would, according to the~~	14327
~~"Family Educational Rights and Privacy Act of 1974," 88 Stat. 571,~~	14328
~~20 U.S.C.A. 1232g, disqualify a school or other educational~~	14329
~~institution from receiving federal funds.~~	14330

Sec. 149.411. There is hereby created in each county free	14331
public library, municipal free public library, township free	14332
public library, school district free public library as described	14333
in section 3375.15 of the Revised Code, county library district,	14334
and regional library district a library records commission	14335
composed of the members and the fiscal officer of the board of	14336
library trustees of the appropriate public library or library	14337
district. The commission shall meet at least once every twelve	14338
months.	14339

The functions of the commission shall be to review	14340
applications for one-time disposal of obsolete records and	14341
schedules of records retention and disposition submitted by any	14342
employee of the library. The commission may dispose of records	14343
pursuant to the procedure outlined in ~~this~~ section 149.381 of the	14344
Revised Code. The commission, at any time, may review any schedule	14345
it has previously approved and, for good cause shown, may revise	14346
that schedule under the procedure outlined in that section.	14347

~~When the appropriate library records commission has approved~~	14348
~~any library application for one-time disposal of obsolete records~~	14349
~~or any schedule of records retention and disposition, the~~	14350
~~commission shall send that application or schedule to the Ohio~~	14351
~~historical society for its review. The Ohio historical society~~	14352
~~shall review the application or schedule within a period of not~~	14353
~~more than sixty days after its receipt of it. Upon completion of~~	14354
~~its review, the Ohio historical society shall forward the~~	14355
~~application for one-time disposal of obsolete records or the~~	14356
~~schedule of records retention and disposition to the auditor of~~	14357
~~state for the auditor's approval or disapproval. The auditor shall~~	14358
~~approve or disapprove the application or schedule within a period~~	14359
~~of not more than sixty days after receipt of it. Before public~~	14360
~~records are to be disposed of, the commission shall inform the~~	14361
~~Ohio historical society of the disposal through the submission of~~	14362
~~a certificate of records disposal and shall give the society the~~	14363
~~opportunity for a period of fifteen business days to select for~~	14364
~~its custody those public records that it considers to be of~~	14365
~~continuing historical value. The Ohio historical society may not~~	14366
~~review or select for its custody any records pursuant to section~~	14367
~~149.432 of the Revised Code.~~	14368

Sec. 149.412. There is hereby created in each special taxing	14369
district that is a public office as defined in section 149.011 of	14370
the Revised Code and that is not specifically designated in	14371
section 149.38, 149.39, 149.41, 149.411, or 149.42 of the Revised	14372
Code a special taxing district records commission composed of, at	14373
a minimum, the chairperson, a fiscal representative, and a legal	14374
representative of the governing board of the special taxing	14375
district. The commission shall meet at least once every twelve	14376
months and upon the call of the chairperson.	14377

The functions of the commission shall be to review	14378
applications for one-time disposal of obsolete records and	14379
schedules of records retention and disposition submitted by any	14380
employee of the special taxing district. The commission may	14381
dispose of records pursuant to the procedure outlined in ~~this~~	14382
section 149.381 of the Revised Code. The commission, at any time,	14383
may review any schedule it has previously approved and, for good	14384
cause shown, may revise that schedule under the procedure outlined	14385
in that section.	14386

~~When the special taxing district records commission has~~	14387
~~approved any special taxing district application for one-time~~	14388
~~disposal of obsolete records or any schedule of records retention~~	14389
~~and disposition, the commission shall send that application or~~	14390
~~schedule to the Ohio historical society for its review. The Ohio~~	14391
~~historical society shall review the application or schedule within~~	14392
~~a period of not more than sixty days after its receipt of it. Upon~~	14393
~~completion of its review, the Ohio historical society shall~~	14394
~~forward the application for one-time disposal of obsolete records~~	14395
~~or the schedule of records retention and disposition to the~~	14396
~~auditor of state for the auditor's approval or disapproval. The~~	14397
~~auditor shall approve or disapprove the application or schedule~~	14398
~~within a period of not more than sixty days after receipt of it.~~	14399
~~Before public records are to be disposed of, the commission shall~~	14400
~~inform the Ohio historical society of the disposal through the~~	14401
~~submission of a certificate of records disposal and shall give the~~	14402
~~society the opportunity for a period of fifteen business days to~~	14403
~~select for its custody those public records that it considers to~~	14404
~~be of continuing historical value.~~	14405

Sec. 149.42. There is hereby created in each township a	14406
township records commission, composed of the chairperson of the	14407
board of township trustees and the fiscal officer of the township.	14408
The commission shall meet at least once every twelve months and	14409
upon the call of the chairperson.	14410

The function of the commission shall be to review	14411
applications for one-time disposal of obsolete records and	14412
schedules of records retention and disposition submitted by	14413
township offices. The commission may dispose of records pursuant	14414
to the procedure outlined in ~~this~~ section 149.381 of the Revised	14415
Code. The commission, at any time, may review any schedule it has	14416
previously approved and, for good cause shown, may revise that	14417
schedule under the procedure outlined in that section.	14418

~~When the township records commission has approved any~~	14419
~~township application for one-time disposal of obsolete records or~~	14420
~~any schedule of records retention and disposition, the commission~~	14421
~~shall send that application or schedule to the Ohio historical~~	14422
~~society for its review. The Ohio historical society shall review~~	14423
~~the application or schedule within a period of not more than sixty~~	14424
~~days after its receipt of it. Upon completion of its review, the~~	14425
~~Ohio historical society shall forward the application for one-time~~	14426
~~disposal of obsolete records or the schedule of records retention~~	14427
~~and disposition to the auditor of state for the auditor's approval~~	14428
~~or disapproval. The auditor shall approve or disapprove the~~	14429
~~application or schedule within a period of not more than sixty~~	14430
~~days after receipt of it. Before public records are to be disposed~~	14431
~~of, the commission shall inform the Ohio historical society of the~~	14432
~~disposal through the submission of a certificate of records~~	14433
~~disposal and shall give the society the opportunity for a period~~	14434
~~of fifteen business days to select for its custody those public~~	14435
~~records that it considers to be of continuing historical value.~~	14436

Sec. 149.43. (A) As used in this section:

14437

(1) "Public record" means records kept by any public office,	14438
including, but not limited to, state, county, city, village,	14439
township, and school district units, and records pertaining to the	14440
delivery of educational services by an alternative school in this	14441
state kept by the nonprofit or for-profit entity operating the	14442
alternative school pursuant to section 3313.533 of the Revised	14443
Code. "Public record" does not mean any of the following:	14444

(a) Medical records;

14445

(b) Records pertaining to probation and parole proceedings or	14446
to proceedings related to the imposition of community control	14447
sanctions and post-release control sanctions;	14448

(c) Records pertaining to actions under section 2151.85 and	14449
division (C) of section 2919.121 of the Revised Code and to	14450
appeals of actions arising under those sections;	14451

(d) Records pertaining to adoption proceedings, including the	14452
contents of an adoption file maintained by the department of	14453
health under section 3705.12 of the Revised Code;	14454

(e) Information in a record contained in the putative father	14455
registry established by section 3107.062 of the Revised Code,	14456
regardless of whether the information is held by the department of	14457
job and family services or, pursuant to section 3111.69 of the	14458
Revised Code, the office of child support in the department or a	14459
child support enforcement agency;	14460

(f) Records listed in division (A) of section 3107.42 of the	14461
Revised Code or specified in division (A) of section 3107.52 of	14462
the Revised Code;	14463

(g) Trial preparation records;

14464

(h) Confidential law enforcement investigatory records;

14465

(i) Records containing information that is confidential under	14466
section 2710.03 or 4112.05 of the Revised Code;	14467

(j) DNA records stored in the DNA database pursuant to	14468
section 109.573 of the Revised Code;	14469

(k) Inmate records released by the department of	14470
rehabilitation and correction to the department of youth services	14471
or a court of record pursuant to division (E) of section 5120.21	14472
of the Revised Code;	14473

(l) Records maintained by the department of youth services	14474
pertaining to children in its custody released by the department	14475
of youth services to the department of rehabilitation and	14476
correction pursuant to section 5139.05 of the Revised Code;	14477

(m) Intellectual property records;

14478

(n) Donor profile records;

14479

(o) Records maintained by the department of job and family	14480
services pursuant to section 3121.894 of the Revised Code;	14481

(p) Peace officer, parole officer, prosecuting attorney,	14482
assistant prosecuting attorney, correctional employee, youth	14483
services employee, firefighter, EMT, or investigator of the bureau	14484
of criminal identification and investigation residential and	14485
familial information;	14486

(q) In the case of a county hospital operated pursuant to	14487
Chapter 339. of the Revised Code or a municipal hospital operated	14488
pursuant to Chapter 749. of the Revised Code, information that	14489
constitutes a trade secret, as defined in section 1333.61 of the	14490
Revised Code;	14491

(r) Information pertaining to the recreational activities of	14492
a person under the age of eighteen;	14493

(s) Records provided to, statements made by review board	14494
members during meetings of, and all work products of a child	14495
fatality review board acting under sections 307.621 to 307.629 of	14496
the Revised Code, and child fatality review data submitted by the	14497
child fatality review board to the department of health or a	14498
national child death review database, other than the report	14499
prepared pursuant to division (A) of section 307.626 of the	14500
Revised Code;	14501

(t) Records provided to and statements made by the executive	14502
director of a public children services agency or a prosecuting	14503
attorney acting pursuant to section 5153.171 of the Revised Code	14504
other than the information released under that section;	14505

(u) Test materials, examinations, or evaluation tools used in	14506
an examination for licensure as a nursing home administrator that	14507
the board of examiners of nursing home administrators administers	14508
under section 4751.04 of the Revised Code or contracts under that	14509
section with a private or government entity to administer;	14510

(v) Records the release of which is prohibited by state or	14511
federal law;	14512

(w) Proprietary information of or relating to any person that	14513
is submitted to or compiled by the Ohio venture capital authority	14514
created under section 150.01 of the Revised Code;	14515

(x) Information reported and evaluations conducted pursuant	14516
to section 3701.072 of the Revised Code;	14517

(y) Financial statements and data any person submits for any	14518
purpose to the Ohio housing finance agency or the controlling	14519
board in connection with applying for, receiving, or accounting	14520
for financial assistance from the agency, and information that	14521
identifies any individual who benefits directly or indirectly from	14522
financial assistance from the agency;	14523

(z) Records listed in section 5101.29 of the Revised Code.;

14524

(aa) Discharges recorded with a county recorder under section	14525
317.24 of the Revised Code, as specified in division (B)(2) of	14526
that section;	14527

(bb) Usage information including names and addresses of	14528
specific residential and commercial customers of a municipally	14529
owned or operated public utility.	14530

(2) "Confidential law enforcement investigatory record" means	14531
any record that pertains to a law enforcement matter of a	14532
criminal, quasi-criminal, civil, or administrative nature, but	14533
only to the extent that the release of the record would create a	14534
high probability of disclosure of any of the following:	14535

(a) The identity of a suspect who has not been charged with	14536
the offense to which the record pertains, or of an information	14537
source or witness to whom confidentiality has been reasonably	14538
promised;	14539

(b) Information provided by an information source or witness	14540
to whom confidentiality has been reasonably promised, which	14541
information would reasonably tend to disclose the source's or	14542
witness's identity;	14543

(c) Specific confidential investigatory techniques or	14544
procedures or specific investigatory work product;	14545

(d) Information that would endanger the life or physical	14546
safety of law enforcement personnel, a crime victim, a witness, or	14547
a confidential information source.	14548

(3) "Medical record" means any document or combination of	14549
documents, except births, deaths, and the fact of admission to or	14550
discharge from a hospital, that pertains to the medical history,	14551
diagnosis, prognosis, or medical condition of a patient and that	14552
is generated and maintained in the process of medical treatment.	14553

(4) "Trial preparation record" means any record that contains	14554
information that is specifically compiled in reasonable	14555
anticipation of, or in defense of, a civil or criminal action or	14556
proceeding, including the independent thought processes and	14557
personal trial preparation of an attorney.	14558

(5) "Intellectual property record" means a record, other than	14559
a financial or administrative record, that is produced or	14560
collected by or for faculty or staff of a state institution of	14561
higher learning in the conduct of or as a result of study or	14562
research on an educational, commercial, scientific, artistic,	14563
technical, or scholarly issue, regardless of whether the study or	14564
research was sponsored by the institution alone or in conjunction	14565
with a governmental body or private concern, and that has not been	14566
publicly released, published, or patented.	14567

(6) "Donor profile record" means all records about donors or	14568
potential donors to a public institution of higher education	14569
except the names and reported addresses of the actual donors and	14570
the date, amount, and conditions of the actual donation.	14571

(7) "Peace officer, parole officer, prosecuting attorney,	14572
assistant prosecuting attorney, correctional employee, youth	14573
services employee, firefighter, EMT, or investigator of the bureau	14574
of criminal identification and investigation residential and	14575
familial information" means any information that discloses any of	14576
the following about a peace officer, parole officer, prosecuting	14577
attorney, assistant prosecuting attorney, correctional employee,	14578
youth services employee, firefighter, EMT, or investigator of the	14579
bureau of criminal identification and investigation:	14580

(a) The address of the actual personal residence of a peace	14581
officer, parole officer, assistant prosecuting attorney,	14582
correctional employee, youth services employee, firefighter, EMT,	14583
or an investigator of the bureau of criminal identification and	14584
investigation, except for the state or political subdivision in	14585
which the peace officer, parole officer, assistant prosecuting	14586
attorney, correctional employee, youth services employee,	14587
firefighter, EMT, or investigator of the bureau of criminal	14588
identification and investigation resides;	14589

(b) Information compiled from referral to or participation in	14590
an employee assistance program;	14591

(c) The social security number, the residential telephone	14592
number, any bank account, debit card, charge card, or credit card	14593
number, or the emergency telephone number of, or any medical	14594
information pertaining to, a peace officer, parole officer,	14595
prosecuting attorney, assistant prosecuting attorney, correctional	14596
employee, youth services employee, firefighter, EMT, or	14597
investigator of the bureau of criminal identification and	14598
investigation;	14599

(d) The name of any beneficiary of employment benefits,	14600
including, but not limited to, life insurance benefits, provided	14601
to a peace officer, parole officer, prosecuting attorney,	14602
assistant prosecuting attorney, correctional employee, youth	14603
services employee, firefighter, EMT, or investigator of the bureau	14604
of criminal identification and investigation by the peace	14605
officer's, parole officer's, prosecuting attorney's, assistant	14606
prosecuting attorney's, correctional employee's, youth services	14607
employee's, firefighter's, EMT's, or investigator of the bureau of	14608
criminal identification and investigation's employer;	14609

(e) The identity and amount of any charitable or employment	14610
benefit deduction made by the peace officer's, parole officer's,	14611
prosecuting attorney's, assistant prosecuting attorney's,	14612
correctional employee's, youth services employee's, firefighter's,	14613
EMT's, or investigator of the bureau of criminal identification	14614
and investigation's employer from the peace officer's, parole	14615
officer's, prosecuting attorney's, assistant prosecuting	14616
attorney's, correctional employee's, youth services employee's,	14617
firefighter's, EMT's, or investigator of the bureau of criminal	14618
identification and investigation's compensation unless the amount	14619
of the deduction is required by state or federal law;	14620

(f) The name, the residential address, the name of the	14621
employer, the address of the employer, the social security number,	14622
the residential telephone number, any bank account, debit card,	14623
charge card, or credit card number, or the emergency telephone	14624
number of the spouse, a former spouse, or any child of a peace	14625
officer, parole officer, prosecuting attorney, assistant	14626
prosecuting attorney, correctional employee, youth services	14627
employee, firefighter, EMT, or investigator of the bureau of	14628
criminal identification and investigation;	14629

(g) A photograph of a peace officer who holds a position or	14630
has an assignment that may include undercover or plain clothes	14631
positions or assignments as determined by the peace officer's	14632
appointing authority.	14633

As used in divisions (A)(7) and (B)(9) of this section,	14634
"peace officer" has the same meaning as in section 109.71 of the	14635
Revised Code and also includes the superintendent and troopers of	14636
the state highway patrol; it does not include the sheriff of a	14637
county or a supervisory employee who, in the absence of the	14638
sheriff, is authorized to stand in for, exercise the authority of,	14639
and perform the duties of the sheriff.	14640

As used in divisions (A)(7) and (B)(5) of this section,	14641
"correctional employee" means any employee of the department of	14642
rehabilitation and correction who in the course of performing the	14643
employee's job duties has or has had contact with inmates and	14644
persons under supervision.	14645

As used in divisions (A)(7) and (B)(5) of this section,	14646
"youth services employee" means any employee of the department of	14647
youth services who in the course of performing the employee's job	14648
duties has or has had contact with children committed to the	14649
custody of the department of youth services.	14650

As used in divisions (A)(7) and (B)(9) of this section,	14651
"firefighter" means any regular, paid or volunteer, member of a	14652
lawfully constituted fire department of a municipal corporation,	14653
township, fire district, or village.	14654

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	14655
means EMTs-basic, EMTs-I, and paramedics that provide emergency	14656
medical services for a public emergency medical service	14657
organization. "Emergency medical service organization,"	14658
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	14659
section 4765.01 of the Revised Code.	14660

As used in divisions (A)(7) and (B)(9) of this section,	14661
"investigator of the bureau of criminal identification and	14662
investigation" has the meaning defined in section 2903.11 of the	14663
Revised Code.	14664

(8) "Information pertaining to the recreational activities of	14665
a person under the age of eighteen" means information that is kept	14666
in the ordinary course of business by a public office, that	14667
pertains to the recreational activities of a person under the age	14668
of eighteen years, and that discloses any of the following:	14669

(a) The address or telephone number of a person under the age	14670
of eighteen or the address or telephone number of that person's	14671
parent, guardian, custodian, or emergency contact person;	14672

(b) The social security number, birth date, or photographic	14673
image of a person under the age of eighteen;	14674

(c) Any medical record, history, or information pertaining to	14675
a person under the age of eighteen;	14676

(d) Any additional information sought or required about a	14677
person under the age of eighteen for the purpose of allowing that	14678
person to participate in any recreational activity conducted or	14679
sponsored by a public office or to use or obtain admission	14680
privileges to any recreational facility owned or operated by a	14681
public office.	14682

(9) "Community control sanction" has the same meaning as in	14683
section 2929.01 of the Revised Code.	14684

(10) "Post-release control sanction" has the same meaning as	14685
in section 2967.01 of the Revised Code.	14686

(11) "Redaction" means obscuring or deleting any information	14687
that is exempt from the duty to permit public inspection or	14688
copying from an item that otherwise meets the definition of a	14689
"record" in section 149.011 of the Revised Code.	14690

(12) "Designee" and "elected official" have the same meanings	14691
as in section 109.43 of the Revised Code.	14692

(B)(1) Upon request and subject to division (B)(8) of this	14693
section, all public records responsive to the request shall be	14694
promptly prepared and made available for inspection to any person	14695
at all reasonable times during regular business hours. Subject to	14696
division (B)(8) of this section, upon request, a public office or	14697
person responsible for public records shall make copies of the	14698
requested public record available at cost and within a reasonable	14699
period of time. If a public record contains information that is	14700
exempt from the duty to permit public inspection or to copy the	14701
public record, the public office or the person responsible for the	14702
public record shall make available all of the information within	14703
the public record that is not exempt. When making that public	14704
record available for public inspection or copying that public	14705
record, the public office or the person responsible for the public	14706
record shall notify the requester of any redaction or make the	14707
redaction plainly visible. A redaction shall be deemed a denial of	14708
a request to inspect or copy the redacted information, except if	14709
federal or state law authorizes or requires a public office to	14710
make the redaction.	14711

(2) To facilitate broader access to public records, a public	14712
office or the person responsible for public records shall organize	14713
and maintain public records in a manner that they can be made	14714
available for inspection or copying in accordance with division	14715
(B) of this section. A public office also shall have available a	14716
copy of its current records retention schedule at a location	14717
readily available to the public. If a requester makes an ambiguous	14718
or overly broad request or has difficulty in making a request for	14719
copies or inspection of public records under this section such	14720
that the public office or the person responsible for the requested	14721
public record cannot reasonably identify what public records are	14722
being requested, the public office or the person responsible for	14723
the requested public record may deny the request but shall provide	14724
the requester with an opportunity to revise the request by	14725
informing the requester of the manner in which records are	14726
maintained by the public office and accessed in the ordinary	14727
course of the public office's or person's duties.	14728

(3) If a request is ultimately denied, in part or in whole,	14729
the public office or the person responsible for the requested	14730
public record shall provide the requester with an explanation,	14731
including legal authority, setting forth why the request was	14732
denied. If the initial request was provided in writing, the	14733
explanation also shall be provided to the requester in writing.	14734
The explanation shall not preclude the public office or the person	14735
responsible for the requested public record from relying upon	14736
additional reasons or legal authority in defending an action	14737
commenced under division (C) of this section.	14738

(4) Unless specifically required or authorized by state or	14739
federal law or in accordance with division (B) of this section, no	14740
public office or person responsible for public records may limit	14741
or condition the availability of public records by requiring	14742
disclosure of the requester's identity or the intended use of the	14743
requested public record. Any requirement that the requester	14744
disclose the requestor's identity or the intended use of the	14745
requested public record constitutes a denial of the request.	14746

(5) A public office or person responsible for public records	14747
may ask a requester to make the request in writing, may ask for	14748
the requester's identity, and may inquire about the intended use	14749
of the information requested, but may do so only after disclosing	14750
to the requester that a written request is not mandatory and that	14751
the requester may decline to reveal the requester's identity or	14752
the intended use and when a written request or disclosure of the	14753
identity or intended use would benefit the requester by enhancing	14754
the ability of the public office or person responsible for public	14755
records to identify, locate, or deliver the public records sought	14756
by the requester.	14757

(6) If any person chooses to obtain a copy of a public record	14758
in accordance with division (B) of this section, the public office	14759
or person responsible for the public record may require that	14760
person to pay in advance the cost involved in providing the copy	14761
of the public record in accordance with the choice made by the	14762
person seeking the copy under this division. The public office or	14763
the person responsible for the public record shall permit that	14764
person to choose to have the public record duplicated upon paper,	14765
upon the same medium upon which the public office or person	14766
responsible for the public record keeps it, or upon any other	14767
medium upon which the public office or person responsible for the	14768
public record determines that it reasonably can be duplicated as	14769
an integral part of the normal operations of the public office or	14770
person responsible for the public record. When the person seeking	14771
the copy makes a choice under this division, the public office or	14772
person responsible for the public record shall provide a copy of	14773
it in accordance with the choice made by the person seeking the	14774
copy. Nothing in this section requires a public office or person	14775
responsible for the public record to allow the person seeking a	14776
copy of the public record to make the copies of the public record.	14777

(7) Upon a request made in accordance with division (B) of	14778
this section and subject to division (B)(6) of this section, a	14779
public office or person responsible for public records shall	14780
transmit a copy of a public record to any person by United States	14781
mail or by any other means of delivery or transmission within a	14782
reasonable period of time after receiving the request for the	14783
copy. The public office or person responsible for the public	14784
record may require the person making the request to pay in advance	14785
the cost of postage if the copy is transmitted by United States	14786
mail or the cost of delivery if the copy is transmitted other than	14787
by United States mail, and to pay in advance the costs incurred	14788
for other supplies used in the mailing, delivery, or transmission.	14789

Any public office may adopt a policy and procedures that it	14790
will follow in transmitting, within a reasonable period of time	14791
after receiving a request, copies of public records by United	14792
States mail or by any other means of delivery or transmission	14793
pursuant to this division. A public office that adopts a policy	14794
and procedures under this division shall comply with them in	14795
performing its duties under this division.	14796

In any policy and procedures adopted under this division, a	14797
public office may limit the number of records requested by a	14798
person that the office will transmit by United States mail to ten	14799
per month, unless the person certifies to the office in writing	14800
that the person does not intend to use or forward the requested	14801
records, or the information contained in them, for commercial	14802
purposes. For purposes of this division, "commercial" shall be	14803
narrowly construed and does not include reporting or gathering	14804
news, reporting or gathering information to assist citizen	14805
oversight or understanding of the operation or activities of	14806
government, or nonprofit educational research.	14807

(8) A public office or person responsible for public records	14808
is not required to permit a person who is incarcerated pursuant to	14809
a criminal conviction or a juvenile adjudication to inspect or to	14810
obtain a copy of any public record concerning a criminal	14811
investigation or prosecution or concerning what would be a	14812
criminal investigation or prosecution if the subject of the	14813
investigation or prosecution were an adult, unless the request to	14814
inspect or to obtain a copy of the record is for the purpose of	14815
acquiring information that is subject to release as a public	14816
record under this section and the judge who imposed the sentence	14817
or made the adjudication with respect to the person, or the	14818
judge's successor in office, finds that the information sought in	14819
the public record is necessary to support what appears to be a	14820
justiciable claim of the person.	14821

(9)(a) Upon written request made and signed by a journalist	14822
on or after December 16, 1999, a public office, or person	14823
responsible for public records, having custody of the records of	14824
the agency employing a specified peace officer, parole officer,	14825
prosecuting attorney, assistant prosecuting attorney, correctional	14826
employee, youth services employee, firefighter, EMT, or	14827
investigator of the bureau of criminal identification and	14828
investigation shall disclose to the journalist the address of the	14829
actual personal residence of the peace officer, parole officer,	14830
prosecuting attorney, assistant prosecuting attorney, correctional	14831
employee, youth services employee, firefighter, EMT, or	14832
investigator of the bureau of criminal identification and	14833
investigation and, if the peace officer's, parole officer's,	14834
prosecuting attorney's, assistant prosecuting attorney's,	14835
correctional employee's, youth services employee's, firefighter's,	14836
EMT's, or investigator of the bureau of criminal identification	14837
and investigation's spouse, former spouse, or child is employed by	14838
a public office, the name and address of the employer of the peace	14839
officer's, parole officer's, prosecuting attorney's, assistant	14840
prosecuting attorney's, correctional employee's, youth services	14841
employee's, firefighter's, EMT's, or investigator of the bureau of	14842
criminal identification and investigation's spouse, former spouse,	14843
or child. The request shall include the journalist's name and	14844
title and the name and address of the journalist's employer and	14845
shall state that disclosure of the information sought would be in	14846
the public interest.	14847

(b) Division (B)(9)(a) of this section also applies to	14848
journalist requests for customer information maintained by a	14849
municipally owned or operated public utility, other than social	14850
security numbers and any private financial information such as	14851
credit reports, payment methods, credit card numbers, and bank	14852
account information.	14853

(c) As used in ~~this~~ division (B)(9) of this section,	14854
"journalist" means a person engaged in, connected with, or	14855
employed by any news medium, including a newspaper, magazine,	14856
press association, news agency, or wire service, a radio or	14857
television station, or a similar medium, for the purpose of	14858
gathering, processing, transmitting, compiling, editing, or	14859
disseminating information for the general public.	14860

(C)(1) If a person allegedly is aggrieved by the failure of a	14861
public office or the person responsible for public records to	14862
promptly prepare a public record and to make it available to the	14863
person for inspection in accordance with division (B) of this	14864
section or by any other failure of a public office or the person	14865
responsible for public records to comply with an obligation in	14866
accordance with division (B) of this section, the person allegedly	14867
aggrieved may commence a mandamus action to obtain a judgment that	14868
orders the public office or the person responsible for the public	14869
record to comply with division (B) of this section, that awards	14870
court costs and reasonable attorney's fees to the person that	14871
instituted the mandamus action, and, if applicable, that includes	14872
an order fixing statutory damages under division (C)(1) of this	14873
section. The mandamus action may be commenced in the court of	14874
common pleas of the county in which division (B) of this section	14875
allegedly was not complied with, in the supreme court pursuant to	14876
its original jurisdiction under Section 2 of Article IV, Ohio	14877
Constitution, or in the court of appeals for the appellate	14878
district in which division (B) of this section allegedly was not	14879
complied with pursuant to its original jurisdiction under Section	14880
3 of Article IV, Ohio Constitution.	14881

If a requestor transmits a written request by hand delivery	14882
or certified mail to inspect or receive copies of any public	14883
record in a manner that fairly describes the public record or	14884
class of public records to the public office or person responsible	14885
for the requested public records, except as otherwise provided in	14886
this section, the requestor shall be entitled to recover the	14887
amount of statutory damages set forth in this division if a court	14888
determines that the public office or the person responsible for	14889
public records failed to comply with an obligation in accordance	14890
with division (B) of this section.	14891

The amount of statutory damages shall be fixed at one hundred	14892
dollars for each business day during which the public office or	14893
person responsible for the requested public records failed to	14894
comply with an obligation in accordance with division (B) of this	14895
section, beginning with the day on which the requester files a	14896
mandamus action to recover statutory damages, up to a maximum of	14897
one thousand dollars. The award of statutory damages shall not be	14898
construed as a penalty, but as compensation for injury arising	14899
from lost use of the requested information. The existence of this	14900
injury shall be conclusively presumed. The award of statutory	14901
damages shall be in addition to all other remedies authorized by	14902
this section.	14903

The court may reduce an award of statutory damages or not	14904
award statutory damages if the court determines both of the	14905
following:	14906

(a) That, based on the ordinary application of statutory law	14907
and case law as it existed at the time of the conduct or	14908
threatened conduct of the public office or person responsible for	14909
the requested public records that allegedly constitutes a failure	14910
to comply with an obligation in accordance with division (B) of	14911
this section and that was the basis of the mandamus action, a	14912
well-informed public office or person responsible for the	14913
requested public records reasonably would believe that the conduct	14914
or threatened conduct of the public office or person responsible	14915
for the requested public records did not constitute a failure to	14916
comply with an obligation in accordance with division (B) of this	14917
section;	14918

(b) That a well-informed public office or person responsible	14919
for the requested public records reasonably would believe that the	14920
conduct or threatened conduct of the public office or person	14921
responsible for the requested public records would serve the	14922
public policy that underlies the authority that is asserted as	14923
permitting that conduct or threatened conduct.	14924

(2)(a) If the court issues a writ of mandamus that orders the	14925
public office or the person responsible for the public record to	14926
comply with division (B) of this section and determines that the	14927
circumstances described in division (C)(1) of this section exist,	14928
the court shall determine and award to the relator all court	14929
costs.	14930

(b) If the court renders a judgment that orders the public	14931
office or the person responsible for the public record to comply	14932
with division (B) of this section, the court may award reasonable	14933
attorney's fees subject to reduction as described in division	14934
(C)(2)(c) of this section. The court shall award reasonable	14935
attorney's fees, subject to reduction as described in division	14936
(C)(2)(c) of this section when either of the following applies:	14937

(i) The public office or the person responsible for the	14938
public records failed to respond affirmatively or negatively to	14939
the public records request in accordance with the time allowed	14940
under division (B) of this section.	14941

(ii) The public office or the person responsible for the	14942
public records promised to permit the relator to inspect or	14943
receive copies of the public records requested within a specified	14944
period of time but failed to fulfill that promise within that	14945
specified period of time.	14946

(c) Court costs and reasonable attorney's fees awarded under	14947
this section shall be construed as remedial and not punitive.	14948
Reasonable attorney's fees shall include reasonable fees incurred	14949
to produce proof of the reasonableness and amount of the fees and	14950
to otherwise litigate entitlement to the fees. The court may	14951
reduce an award of attorney's fees to the relator or not award	14952
attorney's fees to the relator if the court determines both of the	14953
following:	14954

(i) That, based on the ordinary application of statutory law	14955
and case law as it existed at the time of the conduct or	14956
threatened conduct of the public office or person responsible for	14957
the requested public records that allegedly constitutes a failure	14958
to comply with an obligation in accordance with division (B) of	14959
this section and that was the basis of the mandamus action, a	14960
well-informed public office or person responsible for the	14961
requested public records reasonably would believe that the conduct	14962
or threatened conduct of the public office or person responsible	14963
for the requested public records did not constitute a failure to	14964
comply with an obligation in accordance with division (B) of this	14965
section;	14966

(ii) That a well-informed public office or person responsible	14967
for the requested public records reasonably would believe that the	14968
conduct or threatened conduct of the public office or person	14969
responsible for the requested public records as described in	14970
division (C)(2)(c)(i) of this section would serve the public	14971
policy that underlies the authority that is asserted as permitting	14972
that conduct or threatened conduct.	14973

(D) Chapter 1347. of the Revised Code does not limit the	14974
provisions of this section.	14975

(E)(1) To ensure that all employees of public offices are	14976
appropriately educated about a public office's obligations under	14977
division (B) of this section, all elected officials or their	14978
appropriate designees shall attend training approved by the	14979
attorney general as provided in section 109.43 of the Revised	14980
Code. In addition, all public offices shall adopt a public records	14981
policy in compliance with this section for responding to public	14982
records requests. In adopting a public records policy under this	14983
division, a public office may obtain guidance from the model	14984
public records policy developed and provided to the public office	14985
by the attorney general under section 109.43 of the Revised Code.	14986
Except as otherwise provided in this section, the policy may not	14987
limit the number of public records that the public office will	14988
make available to a single person, may not limit the number of	14989
public records that it will make available during a fixed period	14990
of time, and may not establish a fixed period of time before it	14991
will respond to a request for inspection or copying of public	14992
records, unless that period is less than eight hours.	14993

(2) The public office shall distribute the public records	14994
policy adopted by the public office under division (E)(1) of this	14995
section to the employee of the public office who is the records	14996
custodian or records manager or otherwise has custody of the	14997
records of that office. The public office shall require that	14998
employee to acknowledge receipt of the copy of the public records	14999
policy. The public office shall create a poster that describes its	15000
public records policy and shall post the poster in a conspicuous	15001
place in the public office and in all locations where the public	15002
office has branch offices. The public office may post its public	15003
records policy on the internet web site of the public office if	15004
the public office maintains an internet web site. A public office	15005
that has established a manual or handbook of its general policies	15006
and procedures for all employees of the public office shall	15007
include the public records policy of the public office in the	15008
manual or handbook.	15009

(F)(1) The bureau of motor vehicles may adopt rules pursuant	15010
to Chapter 119. of the Revised Code to reasonably limit the number	15011
of bulk commercial special extraction requests made by a person	15012
for the same records or for updated records during a calendar	15013
year. The rules may include provisions for charges to be made for	15014
bulk commercial special extraction requests for the actual cost of	15015
the bureau, plus special extraction costs, plus ten per cent. The	15016
bureau may charge for expenses for redacting information, the	15017
release of which is prohibited by law.	15018

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

15019

(a) "Actual cost" means the cost of depleted supplies,	15020
records storage media costs, actual mailing and alternative	15021
delivery costs, or other transmitting costs, and any direct	15022
equipment operating and maintenance costs, including actual costs	15023
paid to private contractors for copying services.	15024

(b) "Bulk commercial special extraction request" means a	15025
request for copies of a record for information in a format other	15026
than the format already available, or information that cannot be	15027
extracted without examination of all items in a records series,	15028
class of records, or data base by a person who intends to use or	15029
forward the copies for surveys, marketing, solicitation, or resale	15030
for commercial purposes. "Bulk commercial special extraction	15031
request" does not include a request by a person who gives	15032
assurance to the bureau that the person making the request does	15033
not intend to use or forward the requested copies for surveys,	15034
marketing, solicitation, or resale for commercial purposes.	15035

(c) "Commercial" means profit-seeking production, buying, or	15036
selling of any good, service, or other product.	15037

(d) "Special extraction costs" means the cost of the time	15038
spent by the lowest paid employee competent to perform the task,	15039
the actual amount paid to outside private contractors employed by	15040
the bureau, or the actual cost incurred to create computer	15041
programs to make the special extraction. "Special extraction	15042
costs" include any charges paid to a public agency for computer or	15043
records services.	15044

(3) For purposes of divisions (F)(1) and (2) of this section,	15045
"surveys, marketing, solicitation, or resale for commercial	15046
purposes" shall be narrowly construed and does not include	15047
reporting or gathering news, reporting or gathering information to	15048
assist citizen oversight or understanding of the operation or	15049
activities of government, or nonprofit educational research.	15050

Sec. 153.01. ~~Whenever~~(A) Subject to division (B) of this	15051
section, whenever any building or structure for the use of the	15052
state or any institution supported in whole or in part by the	15053
state or in or upon the public works of the state that is	15054
administered by the director of administrative services or by any	15055
other state officer or state agency authorized by law to	15056
administer a project, including an educational institution listed	15057
in section 3345.50 of the Revised Code, is to be erected or	15058
constructed, whenever additions, alterations, or structural or	15059
other improvements are to be made, or whenever heating, cooling,	15060
or ventilating plants or other equipment is to be installed or	15061
material supplied therefor, the ~~aggregate~~estimated cost of which	15062
amounts to fifty thousand dollars or more, each officer, board, or	15063
other authority upon which devolves the duty of constructing,	15064
erecting, altering, or installing the same, referred to in	15065
sections 153.01 to 153.60 of the Revised Code as the owner, shall	15066
cause to be made, by an architect or engineer whose contract of	15067
employment shall be prepared and approved by the attorney general,	15068
the following:	15069

~~(A)~~(1) Full and accurate plans, suitable for the use of	15070
mechanics and other builders in the construction, improvement,	15071
addition, alteration, or installation;	15072

~~(B)~~(2) Details to scale and full-sized, so drawn and	15073
represented as to be easily understood;	15074

~~(C)~~(3) Accurate bills showing the exact quantity of different	15075
kinds of material necessary to the construction;	15076

~~(D)~~(4) Definite and complete specifications of the work to be	15077
performed, together with directions that will enable a competent	15078
mechanic or other builder to carry them out and afford bidders all	15079
needful information;	15080

~~(E)~~(5) A full and accurate estimate of each item of expense	15081
and the aggregate cost of those items of expense;	15082

~~(F)~~(6) A life-cycle cost analysis;

15083

~~(G)~~(7) Further data as may be required by the department of	15084
administrative services.	15085

(B) For a state agency, as defined in section 9.33 of the	15086
Revised Code, or a state institution of higher education, as	15087
defined in section 3345.011 of the Revised Code, the estimated	15088
project cost described in division (A) of this section shall be	15089
two hundred thousand dollars or more or the amount determined	15090
pursuant to section 153.53 of the Revised Code or more.	15091

(C) The data described in divisions (A)(1) to (7) of this	15092
section shall not be required with respect to any work to be	15093
performed pursuant to a construction management contract entered	15094
into with a construction manager at risk as described in section	15095
9.334 of the Revised Code or pursuant to a contract for	15096
design-build services entered into with a design-build firm as	15097
described in section 153.693 of the Revised Code.	15098

Sec. 153.012. With respect to the award of any contract for	15099
the construction, reconstruction, improvement, enlargement,	15100
alteration, repair, painting, or decoration of a public	15101
improvement, including any highway improvement, made by the state	15102
or in whole or in part supported by the state and including any	15103
subcontract awarded by a construction manager at risk as defined	15104
in section 9.33 of the Revised Code or by a design-build firm as	15105
defined in section 153.65 of the Revised Code, ~~except for~~but	15106
excluding a contract for products produced or mined in Ohio or for	15107
a contract financed in whole or in part by contributions or loans	15108
from any agency of the United States government, preference shall	15109
be given to contractors or subcontractors having their ~~principle~~	15110
principal place of business in Ohio over ~~contrctors~~contractors or	15111
subcontractors having their ~~principle~~principal place of business	15112
in a state which provides a preference in that state in favor of	15113
contractors or subcontractors of that state for the same type of	15114
work. Where a preference is provided by another state for	15115
contractors or subcontractors of that state, contractors or	15116
subcontractors having their ~~principle~~principal place of business	15117
in Ohio are to be granted in Ohio the same preference over them in	15118
the same manner and on the same basis and to the same extent as	15119
the preference is granted in letting contracts or subcontracts for	15120
the same type of work by the other state. If one party to a joint	15121
venture is a contractor or subcontractors having its ~~principle~~	15122
principal place of business in Ohio, the joint venture shall be	15123
considered as having its ~~principle~~principal place of business in	15124
Ohio.	15125

Sec. 153.02. (A) The director of administrative services, on	15126
the director's own initiative or upon request of the Ohio school	15127
facilities commission, may debar a contractor from contract awards	15128
for public improvements as referred to in section 153.01 of the	15129
Revised Code or for projects as defined in section 3318.01 of the	15130
Revised Code, upon proof that the contractor has done any of the	15131
following:	15132

(1) Defaulted on a contract requiring the execution of a	15133
takeover agreement as set forth in division (B) of section 153.17	15134
of the Revised Code;	15135

(2) Knowingly failed during the course of a contract to	15136
maintain the coverage required by the bureau of workers'	15137
compensation;	15138

(3) Knowingly failed during the course of a contract to	15139
maintain the contractor's drug-free workplace program as required	15140
by the contract;	15141

(4) Knowingly failed during the course of a contract to	15142
maintain insurance required by the contract or otherwise by law,	15143
resulting in a substantial loss to the owner, as owner is referred	15144
to in section 153.01 of the Revised Code, or to the commission and	15145
school district board, as provided in division (F) of section	15146
3318.08 of the Revised Code;	15147

(5) Misrepresented the firm's qualifications in the selection	15148
process set forth in sections 153.65 to 153.71 or section 3318.10	15149
of the Revised Code;	15150

(6) Been convicted of a criminal offense related to the	15151
application for or performance of any public or private contract,	15152
including, but not limited to, embezzlement, theft, forgery,	15153
bribery, falsification or destruction of records, receiving stolen	15154
property, and any other offense that directly reflects on the	15155
contractor's business integrity;	15156

(7) Been convicted of a criminal offense under state or	15157
federal antitrust laws;	15158

(8) Deliberately or willfully submitted false or misleading	15159
information in connection with the application for or performance	15160
of a public contract;	15161

(9) Been debarred from bidding on or participating in a	15162
contract with any state or federal agency.	15163

(B) When the director reasonably believes that grounds for	15164
debarment exist, the director shall send the contractor a notice	15165
of proposed debarment indicating the grounds for the proposed	15166
debarment and the procedure for requesting a hearing on the	15167
proposed debarment. The hearing shall be conducted in accordance	15168
with Chapter 119. of the Revised Code. If the contractor does not	15169
respond with a request for a hearing in the manner specified in	15170
Chapter 119. of the Revised Code, the director shall issue the	15171
debarment decision without a hearing and shall notify the	15172
contractor of the decision by certified mail, return receipt	15173
requested.	15174

(C) The director shall determine the length of the debarment	15175
period and may rescind the debarment at any time upon notification	15176
to the contractor. During the period of debarment, the contractor	15177
is not eligible to bid for or participate in any contract for a	15178
public improvement as referred to in section 153.01 of the Revised	15179
Code or for a project as defined in section 3318.01 of the Revised	15180
Code. After the debarment period expires, the contractor shall be	15181
eligible to bid for and participate in such contracts ~~for a public~~	15182
~~improvement as referred to in section 153.01 of the Revised Code~~.	15183

(D) The director, through the office of the state architect,	15184
shall maintain a list of all contractors currently debarred under	15185
this section. Any governmental entity awarding a contract for	15186
construction of a public improvement or project may use a	15187
contractor's presence on the debarment list to determine whether a	15188
contractor is responsible or best under section 9.312 or any other	15189
section of the Revised Code in the award of a contract.	15190

Sec. 153.03. (A) As used in this section:

15191

(1) "Contracting authority" means any state agency or other	15192
state instrumentality that is authorized to award a public	15193
improvement contract.	15194

(2) "Bidder" means a person who submits a bid to a	15195
contracting authority to perform work under a public improvement	15196
contract.	15197

(3) "Contractor" means any person with whom a contracting	15198
authority has entered into a public improvement contract to	15199
provide labor for a public improvement and includes a construction	15200
manager at risk and a design-build firm.	15201

(4) "Subcontractor" means any person who undertakes to	15202
provide any part of the labor on the site of a public improvement	15203
under a contract with any person other than the contracting	15204
authority, including all such persons in any tier.	15205

(5) "Construction manager" ~~means a person with substantial~~	15206
~~discretion and authority to plan, coordinate, manage, and direct~~	15207
~~all phases of a project for the construction, demolition,~~	15208
~~alteration, repair, or reconstruction of any public building,~~	15209
~~structure, or other improvement~~has the same meaning as in section	15210
9.33 of the Revised Code.	15211

(6) "Construction manager at risk" has the same meaning as in	15212
section 9.33 of the Revised Code.	15213

(7) "Design-build firm" has the same meaning as in section	15214
153.65 of the Revised Code.	15215

(8) "Labor" means any activity performed by a person that	15216
contributes to the direct installation of a product, component, or	15217
system, or that contributes to the direct removal of a product,	15218
component, or system.	15219

~~(7)~~(9) "Public improvement contract" means any contract that	15220
is financed in whole or in part with money appropriated by the	15221
general assembly, or that is financed in any manner by a	15222
contracting authority, and that is awarded by a contracting	15223
authority for the construction, alteration, or repair of any	15224
public building, public highway, or other public improvement.	15225

~~(8)~~(10) "State agency" means every organized body, office, or	15226
agency established by the laws of this state for the exercise of	15227
any function of state government.	15228

(B) A contracting authority shall not award a public	15229
improvement contract to a bidder, and a construction manager at	15230
risk or design-build firm shall not award a subcontract, unless	15231
the contract or subcontract contains both of the following:	15232

(1) The statements described in division (E) of this section;

15233

(2) Terms that require the contractor or subcontractor to be	15234
enrolled in and be in good standing in the drug-free workplace	15235
program of the bureau of workers' compensation or a comparable	15236
program approved by the bureau that requires an employer to do all	15237
of the following:	15238

(a) Develop, implement, and provide to all employees a	15239
written substance use policy that conveys full and fair disclosure	15240
of the employer's expectations that no employee be at work with	15241
alcohol or drugs in the employee's system, and specifies the	15242
consequences for violating the policy.	15243

(b) Conduct drug and alcohol tests on employees in accordance	15244
with division (B)(2)(c) of this section and under the following	15245
conditions:	15246

(i) Prior to an individual's employment or during an	15247
employee's probationary period for employment, which shall not	15248
exceed one hundred twenty days after the probationary period	15249
begins;	15250

(ii) At random intervals while an employee provides labor or	15251
~~onsite~~on-site supervision of labor for a public improvement	15252
contract. The employer shall use the neutral selection procedures	15253
required by the United States department of transportation to	15254
determine which employees to test and when to test those	15255
employees.	15256

(iii) After an accident at the site where labor is being	15257
performed pursuant to a public improvement contract. For purposes	15258
of this division, "accident" has the meaning established in rules	15259
the administrator of workers' compensation adopts pursuant to	15260
Chapters 4121. and 4123. of the Revised Code for the bureau's	15261
drug-free workplace program, as those rules exist on ~~the effective~~	15262
~~date of this section~~March 30, 2007.	15263

(iv) When the employer ~~or a~~, construction manager,	15264
construction manager at risk, or design-build firm has reasonable	15265
suspicion that prior to an accident an employee may be in	15266
violation of the employer's written substance use policy. For	15267
purposes of this division, "reasonable suspicion" has the meaning	15268
established in rules the administrator adopts pursuant to Chapters	15269
4121. and 4123. of the Revised Code for the bureau's drug-free	15270
workplace program, as those rules exist on ~~the effective date of~~	15271
~~this section~~March 30, 2007.	15272

(v) Prior to an employee returning to a work site to provide	15273
labor for a public improvement contract after the employee tested	15274
positive for drugs or alcohol, and again after the employee	15275
returns to that site to provide labor under that contract, as	15276
required by either the employer, ~~the~~ construction manager,	15277
construction manager at risk, design-build firm, or conditions in	15278
the contract.	15279

(c) Use the following types of tests when conducting a test	15280
on an employee under the conditions described in division	15281
(B)(2)(b) of this section:	15282

(i) Drug and alcohol testing that uses the federal testing	15283
model that the administrator has incorporated into the bureau's	15284
drug-free workplace program;	15285

(ii) Testing to determine whether the concentration of	15286
alcohol on an employee's breath is equal to or in excess of the	15287
level specified in division (A)(1)(d) or (h) of section 4511.19 of	15288
the Revised Code, which is obtained through an evidentiary breath	15289
test conducted by a breath alcohol technician using breath testing	15290
equipment that meets standards established by the United States	15291
department of transportation, or, if such technician and equipment	15292
are unavailable, a blood test may be used to determine whether the	15293
concentration of alcohol in an employee's blood is equal to or in	15294
excess of the level specified in division (A)(1)(b) or (f) of	15295
section 4511.19 of the Revised Code.	15296

(d) Require all employees to receive at least one hour of	15297
training that increases awareness of and attempts to deter	15298
substance abuse and supplies information about employee assistance	15299
to deal with substance abuse problems, and require all supervisors	15300
to receive one additional hour of training in skill building to	15301
teach a supervisor how to observe and document employee behavior	15302
and intervene when reasonable suspicion exists of substance use;	15303

(e) Require all supervisors and employees to receive the	15304
training described in division (B)(2)(d) of this section before	15305
work for a public improvement contract commences or during the	15306
term of a public improvement contract;	15307

(f) Require that the training described in division (B)(2)(d)	15308
of this section be provided using material prepared by an	15309
individual who has credentials or experience in substance abuse	15310
training;	15311

(g) Assist employees by providing, at a minimum, a list of	15312
community resources from which an employee may obtain help with	15313
substance abuse problems, except that this requirement does not	15314
preclude an employer from having a policy that allows an employer	15315
to terminate an employee's employment the first time the employee	15316
tests positive for drugs or alcohol or if an employee refuses to	15317
be tested for drugs, alcohol, or both.	15318

(C) Any time the United States department of health and human	15319
services changes the federal testing model that the administrator	15320
has incorporated into the bureau's drug-free workplace program in	15321
a manner that allows additional or new products, protocols,	15322
procedures, and standards in the model, the administrator may	15323
adopt rules establishing standards to allow employers to use those	15324
additional or new products, protocols, procedures, or standards to	15325
satisfy the requirements of division (B)(2)(c) of this section,	15326
and the bureau may approve an employer's drug-free workplace	15327
program that meets the administrator's standards and the other	15328
requirements specified in division (B)(2) of this section.	15329

(D) A contracting authority shall ensure that money	15330
appropriated by the general assembly for the contracting	15331
authority's public improvement contract or, in the case of a state	15332
institution of higher education, the institution's financing for	15333
the public improvement contract, is not expended unless the	15334
contractor for that contract is enrolled in and in good standing	15335
in a drug-free workplace program described in division (B) of this	15336
section. Prior to awarding a contract to a bidder, a contracting	15337
authority shall verify that the bidder is enrolled in and in good	15338
standing in such a program.	15339

(E) A contracting authority shall include all of the	15340
following statements in the public improvement contract entered	15341
into between the contracting authority and a contractor for the	15342
public improvement:	15343

(1) "Each contractor shall require all subcontractors with	15344
whom the contractor is in contract for the public improvement to	15345
be enrolled in and be in good standing in the Bureau of Workers'	15346
Compensation's Drug-Free Workplace Program or a comparable program	15347
approved by the Bureau that meets the requirements specified in	15348
section 153.03 of the Revised Code prior to a subcontractor	15349
providing labor at the project site of the public improvement."	15350

(2) "Each subcontractor shall require all lower-tier	15351
subcontractors with whom the subcontractor is in contract for the	15352
public improvement to be enrolled in and be in good standing in	15353
the Bureau of Workers' Compensation's Drug-Free Workplace Program	15354
or a comparable program approved by the Bureau that meets the	15355
requirements specified in section 153.03 of the Revised Code prior	15356
to a lower-tier subcontractor providing labor at the project site	15357
of the public improvement."	15358

(3) "Failure of a contractor to require a subcontractor to be	15359
enrolled in and be in good standing in the Bureau of Workers'	15360
Compensation's Drug-Free Workplace Program or a comparable program	15361
approved by the Bureau that meets the requirements specified in	15362
section 153.03 of the Revised Code prior to the time that the	15363
subcontractor provides labor at the project site will result in	15364
the contractor being found in breach of the contract and that	15365
breach shall be used in the responsibility analysis of that	15366
contractor or the subcontractor who was not enrolled in a program	15367
for future contracts with the state for five years after the date	15368
of the breach."	15369

(4) "Failure of a subcontractor to require a lower-tier	15370
subcontractor to be enrolled in and be in good standing in the	15371
Bureau of Workers' Compensation's Drug-Free Workplace Program or a	15372
comparable program approved by the Bureau that meets the	15373
requirements specified in section 153.03 of the Revised Code prior	15374
to the time that the lower-tier subcontractor provides labor at	15375
the project site will result in the subcontractor being found in	15376
breach of the contract and that breach shall be used in the	15377
responsibility analysis of that subcontractor or the lower-tier	15378
subcontractor who was not enrolled in a program for future	15379
contracts with the state for five years after the date of the	15380
breach."	15381

(F) In the event a construction manager, construction manager	15382
at risk, or design-build firm intends and is authorized to provide	15383
labor for a public improvement contract, a contracting authority	15384
shall verify, prior to awarding a contract for construction	15385
management services or design-build services, that the	15386
construction manager, construction manager at risk, or	15387
design-build firm was enrolled in and in good standing in a	15388
drug-free workplace program described in division (B) of this	15389
section prior to entering into the public improvement contract.	15390
The contracting authority shall not award a contract for	15391
construction manager services ~~to a construction manager~~or	15392
design-build services if the construction manager, construction	15393
manager at risk, or design-build firm is not enrolled in or in	15394
good standing in such a program.	15395

Sec. 153.07. The notice provided for in section 153.06 of	15396
the Revised Code shall be published once each week for three	15397
consecutive weeks in a newspaper of general circulation, or as	15398
provided in section 7.16 of the Revised Code, in the county where	15399
the activity for which bids are submitted is to occur and in such	15400
other newspapers as ordered by the department of administrative	15401
services, the last publication to be at least eight days preceding	15402
the day for opening the bids, and in such form and with such	15403
phraseology as the department orders. Copies of the plans,	15404
details, bills of material, estimates of cost, and specifications	15405
shall be open to public inspection at all business hours between	15406
the day of the first publication and the day for opening the bids,	15407
at the office of the department where the bids are received, and	15408
such other place as may be designated in such notice.	15409

Sec. 153.08. On the day and at the place named in the notice	15410
provided for in section 153.06 of the Revised Code, the owner	15411
referred to in section 153.01 of the Revised Code shall open the	15412
bids and shall publicly, with the assistance of the architect or	15413
engineer, immediately proceed to tabulate the bids upon duplicate	15414
sheets. The public bid opening may be broadcast by electronic	15415
means pursuant to rules established by the director of	15416
administrative services. A bid shall be invalid and not considered	15417
unless a bid guaranty meeting the requirements of section 153.54	15418
of the Revised Code and in the form approved by the department of	15419
administrative services is filed with such bid ~~and unless such~~.	15420
For a bid that is not filed electronically, the bid and bid	15421
guaranty ~~are~~shall be filed in one sealed envelope. If the bid	15422
and bid guaranty are filed electronically, they must be received	15423
electronically before the deadline published pursuant to section	15424
153.06 of the Revised Code. For all bids filed electronically, the	15425
original, unaltered bid guaranty shall be made available to the	15426
public owner after the public bid opening. After investigation,	15427
which shall be completed within thirty days, the contract shall be	15428
awarded by such owner to the lowest responsive and responsible	15429
bidder in accordance with section 9.312 of the Revised Code.	15430

No contract shall be entered into until the industrial	15431
commission has certified that the person so awarded the contract	15432
has complied with sections 4123.01 to 4123.94 of the Revised Code,	15433
until, if the bidder so awarded the contract is a foreign	15434
corporation, the secretary of state has certified that such	15435
corporation is authorized to do business in this state, until, if	15436
the bidder so awarded the contract is a person nonresident of this	15437
state, such person has filed with the secretary of state a power	15438
of attorney designating the secretary of state as its agent for	15439
the purpose of accepting service of summons in any action brought	15440
under section 153.05 of the Revised Code or under sections 4123.01	15441
to 4123.94 of the Revised Code, and until the contract and bond,	15442
if any, are submitted to the attorney general and the attorney	15443
general's approval certified thereon.	15444

No contract shall be entered into unless the bidder possesses	15445
a valid certificate of compliance with affirmative action programs	15446
issued pursuant to section 9.47 of the Revised Code and dated no	15447
earlier than one hundred eighty days prior to the date fixed for	15448
the opening of bids for a particular project.	15449

Sec. 153.50. (A) AnAs used in sections 153.50 to 153.52 of	15450
the Revised Code:	15451

(1) "Construction manager at risk" and "state agency" have	15452
the same meanings as in section 9.33 of the Revised Code.	15453

(2) "Design-build firm" has the same meaning as in section	15454
153.65 of the Revised Code.	15455

(3) "State institution of higher education" has the same	15456
meaning as in section 3345.011 of the Revised Code.	15457

(B) Except for contracts made with a construction manager at	15458
risk or with a design-build firm, an officer, board, or other	15459
authority of the state, a county, township, municipal corporation,	15460
or school district, or of any public institution belonging	15461
thereto, authorized to contract for the erection, repair,	15462
alteration, or rebuilding of a public building, institution,	15463
bridge, culvert, or improvement and required by law to advertise	15464
and receive bids for furnishing of materials and doing the work	15465
necessary for the erection thereof, shall require separate and	15466
distinct bids to be made for furnishing such materials or doing	15467
such work, or both, in their discretion, for each of the following	15468
branches or classes of work to be performed, and all work kindred	15469
thereto, entering into the improvement:	15470

(1) Plumbing and gas fitting;

15471

(2) Steam and hot-water heating, ventilating apparatus, and	15472
steam-power plant;	15473

(3) Electrical equipment.

15474

~~(B)~~A(C)(1) Subject to division (C)(2) of this section, a	15475
public authority is not required to solicit separate bids for a	15476
branch or class of work specified in division ~~(A)~~(B) of this	15477
section for an improvement if the estimated cost for that branch	15478
or class of work is less than five thousand dollars.	15479

(2) A public authority that is a state agency, state	15480
institution of higher education, or county, or that is a school	15481
district using assistance provided under Chapter 3318. of the	15482
Revised Code, is not required to solicit separate bids for a	15483
branch or class of work specified in division (B) of this section	15484
for an improvement if the estimated cost for that branch or class	15485
of work is less than twenty thousand dollars or the amount	15486
determined pursuant to section 153.53 of the Revised Code.	15487

Sec. 153.501. (A) When awarding subcontracts for the	15488
following services, a construction manager at risk and a	15489
design-build firm shall receive separate and distinct bids from	15490
approved bidders and award separate subcontracts, consistent with	15491
section 153.502 of the Revised Code, for each of the following	15492
branches or classes of work to be performed:	15493

(1) Plumbing and gas fitting;

15494

(2) Steam and hot-water heating, ventilating apparatus, and	15495
steam-power plant;	15496

(3) Electrical equipment.

15497

(B) A subcontract pursuant to this section shall be bid based	15498
on complete plans and specifications of the work to be performed,	15499
together with directions to enable a competent mechanic or other	15500
builder to carry out those directions and any other necessary	15501
information.	15502

(C) All subcontracts awarded pursuant to this section shall	15503
be awarded to the lowest responsive approved bidder after a public	15504
bid opening, unless no bid is lower than the estimate in the	15505
guaranteed maximum price for a branch or class of work to be	15506
performed provided by the construction manager at risk or	15507
design-build firm. If no bid is lower than the estimate in the	15508
guaranteed maximum price for a branch or class of work, then the	15509
construction manager at risk or design-build firm may either	15510
revise the scope of work for such branch or class of work and	15511
rebid, or, subject to the terms of the contract for the services	15512
of a construction manager at risk or design-build firm, utilize a	15513
contingency to pay the excess costs without any increase in the	15514
guaranteed maximum price.	15515

(D)(1) A person entering into a subcontract under this	15516
section shall have no contractual remedies against a public	15517
authority that enters into the underlying design-build contract	15518
with the design-build firm pursuant to section 153.693 of the	15519
Revised Code or a public owner that enters into the underlying	15520
construction management contract with the construction manager at	15521
risk pursuant to section 9.334 of the Revised Code.	15522

(2) Nothing in division (D)(1) of this section shall be	15523
construed as limiting any remedies otherwise available under	15524
section 153.56 or 1311.28 of the Revised Code or under the escrow	15525
requirements set forth in the subcontract.	15526

(E) If the construction manager at risk or design-build firm	15527
intends and is permitted by the public authority to self-perform a	15528
portion of the work described in division (A) of this section, or	15529
any other branch or class of work to be performed, then the	15530
construction manager at risk or design-build firm shall submit a	15531
sealed bid for the portion of the work prior to accepting and	15532
opening any bids for the same branch of work.	15533

(F) If, after a guaranteed maximum price was agreed upon, the	15534
construction manager at risk or design-build firm submits a sealed	15535
bid pursuant to this section that is no greater than the estimate	15536
for that scope of work, and a public bid opening was held pursuant	15537
to this section, then, upon verification by the public authority	15538
that no bid is lower than the estimate for that scope of work in	15539
the guaranteed maximum price, the contract shall be awarded to the	15540
construction manager at risk or design-build firm for that portion	15541
of the work. The construction manager at risk or design-build firm	15542
shall not use contingency funds negotiated in their contracts with	15543
the public authority to pay for any work that is actually	15544
performed by the construction manager at risk or design-build	15545
firm.	15546

Sec. 153.502. (A) As used in this section and sections	15547
153.503 and 153.505 of the Revised Code, "subcontract" means a	15548
contract for the branches or classes of work described in division	15549
(A) of section 153.501 of the Revised Code that is awarded by any	15550
of the following:	15551

(1) A construction manager at risk pursuant to a contract	15552
under section 9.334 of the Revised Code;	15553

(2) A design-build firm pursuant to a contract under section	15554
153.693 of the Revised Code;	15555

(3) A contractor pursuant to a contract under division (B)(2)	15556
of section 153.52 of the Revised Code.	15557

(B) A subcontract may be awarded only to a bidder on the	15558
subcontract who meets the following requirements:	15559

(1) The bidder has been certified to bid on subcontracts by	15560
the department of administrative services under rules adopted	15561
pursuant to section 153.503 of the Revised Code.	15562

(2) With respect to a subcontract to be awarded by a	15563
construction manager at risk or design-build firm, the bidder has	15564
been approved by a public owner or a public authority under rules	15565
adopted pursuant to section 153.503 of the Revised Code to bid on	15566
the specific subcontract.	15567

(C) A contract for the work described in division (B)(2) of	15568
section 153.52 of the Revised Code may be awarded only to a bidder	15569
on the contract who meets the following requirements:	15570

(1) The bidder has been certified to bid on contracts by the	15571
department of administrative services under rules adopted pursuant	15572
to section 153.503 of the Revised Code.	15573

(2) The bidder has been approved by a public owner or a	15574
public authority under rules adopted pursuant to section 153.503	15575
of the Revised Code to bid on the specific contract.	15576

Sec. 153.503. The department of administrative services,	15577
pursuant to Chapter 119. of the Revised Code and not later than	15578
June 30, 2011, shall adopt rules that do the following:	15579

(A)(1) Establish the following:

15580

(a) A program to certify bidders on contracts for the work	15581
described in division (B)(2) of section 153.52 of the Revised Code	15582
and on subcontracts. The rules shall include criteria and	15583
procedures governing the process of application and certification	15584
under the program.	15585

(b) Criteria and procedures for public owners and public	15586
authorities to follow in approving bidders on contracts for the	15587
work described in division (B)(2) of section 153.52 of the Revised	15588
Code and on subcontracts. The rules shall be consistent with the	15589
factors provided in division (A) of section 9.312 of the Revised	15590
Code and any other applicable laws for determining whether a	15591
bidder is the lowest responsible and responsive bidder.	15592

(2) The rules adopted under division (A)(1) of this section	15593
shall prohibit the certification or approval, and provide for the	15594
decertification and withdrawal of approval, of any bidder against	15595
whom there exists a tax lien or workers' compensation delinquency	15596
and the lien or delinquency is unresolved.	15597

(3) The rules adopted under division (A)(1)(a) of this	15598
section shall require, as a condition to certification of a bidder	15599
on a subcontract the price of which is two million dollars or	15600
more, that the bidder certify both of the following in writing to	15601
the department:	15602

(a) The bidder has made and will continue to make irrevocable	15603
contributions toward health care insurance and pension or	15604
retirement funds, plans, or programs for all skilled trade	15605
personnel to be used on the project pertaining to the subcontract	15606
in the branches or classes of work described in division (A) of	15607
section 153.501 of the Revised Code.	15608

(b) All skilled trade personnel to be used on the project	15609
pertaining to the subcontract in the branches or classes of work	15610
described in division (A) of section 153.501 of the Revised Code	15611
meet at least one of the following requirements:	15612

(i) They have been trained in a state or federally approved	15613
training program.	15614

(ii) They have successfully completed a comparable training	15615
program.	15616

(iii) They have a minimum of three years experience.

15617

(4) Division (A)(3) of this section shall not apply in those	15618
instances where the public owner or public authority determines	15619
that at least two bidders meeting that requirement are not readily	15620
available.	15621

(B) Establish procedures for the review, in an expedited	15622
manner, of any denial of certification or approval to bid on a	15623
contract for the work described in division (B)(2) of section	15624
153.52 of the Revised Code or a subcontract. In adopting rules	15625
governing review of the denial of approval to bid, the department	15626
shall consult with public owners and public authorities. Any	15627
review procedures established pursuant to this section shall	15628
supersede sections 119.06 to 119.13 of the Revised Code. The	15629
review procedures are not required to be consistent with, but	15630
shall be considered equivalent to, adjudicatory proceedings under	15631
those sections. The conclusions of a review shall not be	15632
overturned or altered in any manner by a court order, except on a	15633
finding of fraud or collusion.	15634

(C) Prescribe the form for contracts for the work described	15635
in division (B)(2) of section 153.52 of the Revised Code and	15636
subcontracts. Each form contract and subcontract prescribed by	15637
rule shall provide for the creation and other requirements of an	15638
escrow account for the payment of amounts required to be paid to	15639
subcontractors and sub-subcontractors.	15640

Sec. 153.504. On July 1, 2013, or as soon as possible	15641
thereafter, the director of administrative services shall choose a	15642
person that in the director's judgment would best be able to	15643
perform an independent study of the department's certification	15644
program established pursuant to rules adopted under section	15645
153.503 of the Revised Code and commission that person to perform	15646
the study. On completion of the study, the person shall provide it	15647
to the director, and the director shall promptly submit it to the	15648
governor, the speaker of the house of representatives, and the	15649
president of the senate.	15650

Sec. 153.505. A county may approve a bidder on a contract for	15651
the work described in division (B)(2) of section 153.52 of the	15652
Revised Code or a subcontract who has not been certified to bid on	15653
such a contract or subcontract by the department of administrative	15654
services under rules adopted pursuant to section 153.503 of the	15655
Revised Code, unless the reason the bidder was not certified is	15656
that there exists a tax lien or workers' compensation delinquency	15657
and the lien or delinquency is unresolved or the bidder is not in	15658
compliance with any other law applicable to the award of a public	15659
improvement contract.	15660

Sec. 153.51. (A) When more than one branch or class of work	15661
specified in division ~~(A)~~(B) of section 153.50 of the Revised Code	15662
is required, no contract for the entire job, or for a greater	15663
portion thereof than is embraced in one such branch or class of	15664
work shall be awarded, unless the separate bids do not cover all	15665
the work and materials required or the bids for the whole or for	15666
two or more kinds of work or materials are lower than the separate	15667
bids in the aggregate.	15668

(B)(1) The public authority referred to in section 153.50 of	15669
the Revised Code also may award a single, aggregate contract for	15670
the entire project pursuant to division (A) of this section. This	15671
award shall be made to the bidder who is the lowest responsive and	15672
responsible bidder or the lowest and best bidder, as applicable,	15673
as specified in section 153.52 of the Revised Code.	15674

(2) The public authority referred to in section 153.50 of the	15675
Revised Code may assign all or any portion of its interest in the	15676
contract of the lowest responsive and responsible bidder or the	15677
lowest and best bidder, as applicable, to another successful	15678
bidder as an agreed condition for an award of the contract for the	15679
amount of its respective bid. Such assignment may include, but is	15680
not limited to, the duty to schedule, coordinate, and administer	15681
the contracts.	15682

(C) A(1) Subject to division (C)(2) of this section, a	15683
public authority referred to in ~~division (A) of~~ section 153.50 of	15684
the Revised Code is not required to award separate contracts for a	15685
branch or class of work specified in division ~~(A)~~(B) of section	15686
153.50 of the Revised Code entering into an improvement if the	15687
estimated cost for that branch or class of work is less than five	15688
thousand dollars.	15689

(2) A public authority referred to in section 153.50 of the	15690
Revised Code that is a state agency, state institution of higher	15691
education, or county, or that is a school district using	15692
assistance provided under Chapter 3318. of the Revised Code, is	15693
not required to award separate contracts for a branch or class of	15694
work specified in division (B) of section 153.50 of the Revised	15695
Code entering into an improvement if the estimated cost for that	15696
branch or class of work is less than twenty thousand dollars or	15697
the amount determined pursuant to section 153.53 of the Revised	15698
Code.	15699

Sec. 153.52. (A) The contract for doing the work belonging	15700
to each separate branch or class of work specified in division	15701
~~(A)~~(B) of section 153.50 of the Revised Code, or for the	15702
furnishing of materials therefor, or both, shall be awarded by the	15703
public authority referred to in section 153.50 of the Revised	15704
Code, in its discretion, to the lowest responsive and responsible	15705
separate bidder therefor, in accordance with section 9.312 of the	15706
Revised Code in the case of any public authority of the state or	15707
any public institution belonging thereto, and to the lowest and	15708
best separate bidder in the case of a county, township, or	15709
municipal corporation, ~~or school district,~~ or any public	15710
institution belonging thereto, and to the lowest responsible	15711
bidder in the case of a school district, and shall be made	15712
directly with the bidder in the manner and upon the terms,	15713
conditions, and limitations as to giving bond or bid guaranties as	15714
prescribed by law, unless it is let as a whole, or to bidders for	15715
more than one kind of work or materials. ~~Sections~~	15716

(B)(1) Except as otherwise provided in division (B)(2) of	15717
this section, sections 153.50 to 153.51 and division (A) of	15718
section 153.52 of the Revised Code doshall not apply to the	15719
erection of buildings and other structures the estimated cost of	15720
which ~~cost~~amounts to less than fifty thousand dollars.	15721

(2) If the public authority is a state agency, state	15722
institution of higher education, or county, or if it is a school	15723
district using assistance provided under Chapter 3318. of the	15724
Revised Code, sections 153.50 and 153.51 and division (A) of	15725
section 153.52 of the Revised Code shall not apply to the	15726
erection, repair, alteration, or rebuilding of buildings or other	15727
structures the estimated cost of which amounts to six hundred	15728
thousand dollars or less or the amount determined pursuant to	15729
section 153.53 of the Revised Code or less.	15730

Sec. 153.53. (A) As used in this section "rate of inflation"	15731
has the same meaning as in section 107.032 of the Revised Code.	15732

(B) Five years after the effective date of this section and	15733
every five years thereafter, the director of administrative	15734
services shall evaluate the monetary thresholds specified in	15735
division (B) of section 153.01, division (C)(2) of section 153.50,	15736
division (C)(2) of section 153.51, and division (B)(2) of section	15737
153.52 of the Revised Code and adopt rules adjusting the amounts	15738
specified in those sections based on the average rate of inflation	15739
for each amount during each of the previous five years immediately	15740
preceding such adjustment.	15741

Sec. 153.54. (A) ~~Each~~Except with respect to a contract	15742
described in section 9.334 or 153.693 of the Revised Code, each	15743
person bidding for a contract with the state or any political	15744
subdivision, district, institution, or other agency thereof,	15745
excluding therefrom the department of transportation, for any	15746
public improvement shall file with the bid, a bid guaranty in the	15747
form of either:	15748

(1) A bond in accordance with division (B) of this section	15749
for the full amount of the bid;	15750

(2) A certified check, cashier's check, or letter of credit	15751
pursuant to Chapter 1305. of the Revised Code, in accordance with	15752
division (C) of this section. Any such letter of credit is	15753
revocable only at the option of the beneficiary state, political	15754
subdivision, district, institution, or agency. The amount of the	15755
certified check, cashier's check, or letter of credit shall be	15756
equal to ten per cent of the bid.	15757

(B) A bid guaranty filed pursuant to division (A)(1) of this	15758
section shall be conditioned to:	15759

(1) Provide that, if the bid is accepted, the bidder, after	15760
the awarding or the recommendation for the award of the contract,	15761
whichever the contracting authority designates, will enter into a	15762
proper contract in accordance with the bid, plans, details,	15763
specifications, and bills of material. If for any reason, other	15764
than as authorized by section 9.31 of the Revised Code or division	15765
(G) of this section, the bidder fails to enter into the contract,	15766
and the contracting authority awards the contract to the next	15767
lowest bidder, the bidder and the surety on the bidder's bond are	15768
liable to the state, political subdivision, district, institution,	15769
or agency for the difference between the bid and that of the next	15770
lowest bidder, or for a penal sum not to exceed ten per cent of	15771
the amount of the bond, whichever is less. If the state, political	15772
subdivision, district, institution, or agency does not award the	15773
contract to the next lowest bidder but resubmits the project for	15774
bidding, the bidder failing to enter into the contract and the	15775
surety on the bidder's bond, except as provided in division (G) of	15776
this section, are liable to the state, political subdivision,	15777
district, institution, or agency for a penal sum not to exceed ten	15778
per cent of the amount of the bid or the costs in connection with	15779
the resubmission of printing new contract documents, required	15780
advertising, and printing and mailing notices to prospective	15781
bidders, whichever is less.	15782

(2) Indemnify the state, political subdivision, district,	15783
institution, or agency against all damage suffered by failure to	15784
perform the contract according to its provisions and in accordance	15785
with the plans, details, specifications, and bills of material	15786
therefor and to pay all lawful claims of subcontractors, material	15787
suppliers, and laborers for labor performed or material furnished	15788
in carrying forward, performing, or completing the contract; and	15789
agree and assent that this undertaking is for the benefit of any	15790
subcontractor, material supplier, or laborer having a just claim,	15791
as well as for the state, political subdivision, district,	15792
institution, or agency.	15793

(C)(1) A bid guaranty filed pursuant to division (A)(2) of	15794
this section shall be conditioned to provide that if the bid is	15795
accepted, the bidder, after the awarding or the recommendation for	15796
the award of the contract, whichever the contracting authority	15797
designates, will enter into a proper contract in accordance with	15798
the bid, plans, details, specifications, and bills of material. If	15799
for any reason, other than as authorized by section 9.31 of the	15800
Revised Code or division (G) of this section, the bidder fails to	15801
enter into the contract, and the contracting authority awards the	15802
contract to the next lowest bidder, the bidder is liable to the	15803
state, political subdivision, district, institution, or agency for	15804
the difference between the bidder's bid and that of the next	15805
lowest bidder, or for a penal sum not to exceed ten per cent of	15806
the amount of the bid, whichever is less. If the state, political	15807
subdivision, district, institution, or agency does not award the	15808
contract to the next lowest bidder but resubmits the project for	15809
bidding, the bidder failing to enter into the contract, except as	15810
provided in division (G) of this section, is liable to the state,	15811
political subdivision, district, institution, or agency for a	15812
penal sum not to exceed ten per cent of the amount of the bid or	15813
the costs in connection with the resubmission, of printing new	15814
contract documents, required advertising, and printing and mailing	15815
notices to prospective bidders, whichever is less.	15816

If the bidder enters into the contract, the bidder, at the	15817
time the contract is entered to, shall file a bond for the amount	15818
of the contract to indemnify the state, political subdivision,	15819
district, institution, or agency against all damage suffered by	15820
failure to perform the contract according to its provisions and in	15821
accordance with the plans, details, specifications, and bills of	15822
material therefor and to pay all lawful claims of subcontractors,	15823
material suppliers, and laborers for labor performed or material	15824
furnished in carrying forward, performing, or completing the	15825
contract; and agree and assent that this undertaking is for the	15826
benefit of any subcontractor, material supplier, or laborer having	15827
a just claim, as well as for the state, political subdivision,	15828
district, institution, or agency.	15829

(2) A construction manager who enters into a contract	15830
pursuant to sections 9.33 to 9.333 of the Revised Code, if	15831
required by the public owner at the time the construction manager	15832
enters into the contract, shall file a letter of credit pursuant	15833
to Chapter 1305. of the Revised Code, bond, certified check, or	15834
cashier's check, for the value of the construction management	15835
contract to indemnify the state, political subdivision, district,	15836
institution, or agency against all damage suffered by the	15837
construction manager's failure to perform the contract according	15838
to its provisions, and shall agree and assent that this	15839
undertaking is for the benefit of the state, political	15840
subdivision, district, institution, or agency. A letter of credit	15841
provided by the construction manager is revocable only at the	15842
option of the beneficiary state, political subdivision, district,	15843
institution, or agency.	15844

(D) Where the state, political subdivision, district,	15845
institution, or agency accepts a bid but the bidder fails or	15846
refuses to enter into a proper contract in accordance with the	15847
bid, plans, details, specifications, and bills of material within	15848
ten days after the awarding of the contract, the bidder and the	15849
surety on any bond, except as provided in division (G) of this	15850
section, are liable for the amount of the difference between the	15851
bidder's bid and that of the next lowest bidder, but not in excess	15852
of the liability specified in division (B)(1) or (C) of this	15853
section. Where the state, political subdivision, district,	15854
institution, or agency then awards the bid to such next lowest	15855
bidder and such next lowest bidder also fails or refuses to enter	15856
into a proper contract in accordance with the bid, plans, details,	15857
specifications, and bills of material within ten days after the	15858
awarding of the contract, the liability of such next lowest	15859
bidder, except as provided in division (G) of this section, is the	15860
amount of the difference between the bids of such next lowest	15861
bidder and the third lowest bidder, but not in excess of the	15862
liability specified in division (B)(1) or (C) of this section.	15863
Liability on account of an award to any lowest bidder beyond the	15864
third lowest bidder shall be determined in like manner.	15865

(E) Notwithstanding division (C) of this section, where the	15866
state, political subdivision, district, institution, or agency	15867
resubmits the project for bidding, each bidder whose bid was	15868
accepted but who failed or refused to enter into a proper	15869
contract, except as provided in division (G) of this section, is	15870
liable for an equal share of a penal sum in connection with the	15871
resubmission, of printing new contract documents, required	15872
advertising, and printing and mailing notices to prospective	15873
bidders, but no bidder's liability shall exceed the amount of the	15874
bidder's bid guaranty.	15875

(F) All bid guaranties filed pursuant to this section shall	15876
be payable to the state, political subdivision, district,	15877
institution, or agency, be for the benefit of the state, political	15878
subdivision, district, institution, or agency or any person having	15879
a right of action thereon, and be deposited with, and held by, the	15880
board, officer, or agent contracting on behalf of the state,	15881
political subdivision, district, institution, or agency. All bonds	15882
filed pursuant to this section shall be issued by a surety company	15883
authorized to do business in this state as surety approved by the	15884
board, officer, or agent awarding the contract on behalf of the	15885
state, political subdivision, district, institution, or agency.	15886

(G) A bidder for a contract with the state or any political	15887
subdivision, district, institution, or other agency thereof,	15888
excluding therefrom the Ohio department of transportation, for a	15889
public improvement costing less than one-half million dollars may	15890
withdraw the bid from consideration if the bidder's bid for some	15891
other contract with the state or any political subdivision,	15892
district, institution, or other agency thereof, excluding	15893
therefrom the department of transportation, for the public	15894
improvement costing less than one-half million dollars has already	15895
been accepted, if the bidder certifies in good faith that the	15896
total amount of all the bidder's current contracts is less than	15897
one-half million dollars, and if the surety certifies in good	15898
faith that the bidder is unable to perform the subsequent contract	15899
because to do so would exceed the bidder's bonding capacity. If a	15900
bid is withdrawn under authority of this division, the contracting	15901
authority may award the contract to the next lowest bidder or	15902
reject all bids and resubmit the project for bidding, and neither	15903
the bidder nor the surety on the bidder's bond are liable for the	15904
difference between the bidder's bid and that of the next lowest	15905
bidder, for a penal sum, or for the costs of printing new contract	15906
documents, required advertising, and printing and mailing notices	15907
to prospective bidders.	15908

(H) Bid guaranties filed pursuant to division (A) of this	15909
section shall be returned to all unsuccessful bidders immediately	15910
after the contract is executed. The bid guaranty filed pursuant to	15911
division (A)(2) of this section shall be returned to the	15912
successful bidder upon filing of the bond required in division (C)	15913
of this section.	15914

(I) For the purposes of this section, "next lowest bidder"	15915
means, in the case of a political subdivision that has adopted the	15916
model Ohio and United States preference requirements promulgated	15917
pursuant to division (E) of section 125.11 of the Revised Code,	15918
the next lowest bidder that qualifies under those preference	15919
requirements.	15920

(J) For the purposes of this section and sections 153.56,	15921
153.57, and 153.571 of the Revised Code, "public improvement,"	15922
"subcontractor," "material supplier," "laborer," and "materials"	15923
have the same meanings as in section 1311.25 of the Revised Code.	15924

Sec. 153.55. (A) As used in this section, "public	15925
improvement project" means any construction, reconstruction,	15926
improvement, enlargement, alteration, demolition, engineering, or	15927
repair of a building, highway, drainage system, water system,	15928
road, street, alley, sewer, ditch, sewage disposal plant, water	15929
works, bridge, culvert, or any other structure or work of any	15930
nature by a public authority or public owner.	15931

(B) For purposes of calculating the amount of a project to	15932
determine whether it is subject to sections 153.01, 153.50,	15933
153.51, and 153.52 of the Revised Code, no officer, board, or	15934
other authority of the state, a county, township, municipal	15935
corporation, school district, or other political subdivision, or	15936
any public institution belonging thereto, shall subdivide a public	15937
improvement project into component parts or separate projects in	15938
order to avoid the thresholds of those sections, unless the	15939
component parts or separate projects thus created are conceptually	15940
separate and unrelated to each other, or encompass independent or	15941
unrelated needs.	15942

(C) In calculating the project amounts for purposes of the	15943
thresholds in sections 153.01, 153.50, 153.51, and 153.52 of the	15944
Revised Code, the following expenses shall be included as costs of	15945
the project:	15946

(1) Professional fees and expenses for services associated	15947
with the preparation of plans;	15948

(2) Permit costs, testing costs, and other fees associated	15949
with the work;	15950

(3) Project construction costs;

15951

(4) A contingency reserve fund.

15952

Sec. 153.56. (A) Any person to whom any money is due for	15953
labor or work performed or materials furnished in a public	15954
improvement as provided in section 153.54 of the Revised Code, at	15955
any time after performing the labor or work or furnishing the	15956
materials, but not later than ninety days after the completion of	15957
the contract by the principal contractor or design-build firm and	15958
the acceptance of the public improvement for which the bond was	15959
provided by the duly authorized board or officer, shall furnish	15960
the sureties on the bond, a statement of the amount due to the	15961
person.	15962

(B) A suit shall not be brought against sureties on the bond	15963
until after sixty days after the furnishing of the statement	15964
described in division (A) of this section. If the indebtedness is	15965
not paid in full at the expiration of that sixty days, and if the	15966
person complies with division (C) of this section, the person may	15967
bring an action in the person's own name upon the bond, as	15968
provided in sections 2307.06 and 2307.07 of the Revised Code, that	15969
action to be commenced, notwithstanding section 2305.12 of the	15970
Revised Code, not later than one year from the date of acceptance	15971
of the public improvement for which the bond was provided.	15972

(C) To exercise rights under this section, a subcontractor or	15973
materials supplier supplying labor or materials that cost more	15974
than thirty thousand dollars, who is not in direct privity of	15975
contract with the principal contractor or design-build firm for	15976
the public improvement, shall serve a notice of furnishing upon	15977
the principal contractor or design-build firm in the form provided	15978
in section 1311.261 of the Revised Code.	15979

(D) A subcontractor or materials supplier who serves a notice	15980
of furnishing under division (C) of this section as required to	15981
exercise rights under this section has the right of recovery only	15982
as to amounts owed for labor and work performed and materials	15983
furnished during and after the twenty-one days immediately	15984
preceding service of the notice of furnishing.	15985

(E) For purposes of this section~~, "principal~~:

15986

(1) "Design-build firm" has the same meaning as in section	15987
153.65 of the Revised Code.	15988

(2) "Principal contractor" has the same meaning as in section	15989
1311.25 of the Revised Code, and may include a "construction	15990
manager" and a "construction manager at risk" as defined in	15991
section 9.33 of the Revised Code.	15992

Sec. 153.581. As used in sections 153.581 and 153.591 of the	15993
Revised Code:	15994

(A) "Public works contract" means any contract awarded by a	15995
contracting authority for the construction, engineering,	15996
alteration, or repair of any public building, public highway, or	15997
other public work.	15998

(B) "Contracting authority" means the state, any township,	15999
county, municipal corporation, school board, or other governmental	16000
entity empowered to award a public works contract, and any	16001
construction manager at risk as defined in section 9.33 of the	16002
Revised Code or design-build firm as defined in section 153.65 of	16003
the Revised Code awarding a subcontract.	16004

(C) "Contractor" means any person, partnership, corporation,	16005
or association that has been awarded a public works contract.	16006

Sec. 153.65. As used in sections 153.65 to ~~153.71~~153.73 of	16007
the Revised Code:	16008

(A) ~~"Public~~(1) Except as otherwise provided in division	16009
(A)(2) of this section, "public authority" means the state, a	16010
county, township, municipal corporation, school district, or other	16011
political subdivision, or any public agency, authority, board,	16012
commission, instrumentality, or special district of the state or a	16013
county, township, municipal corporation, school district, or other	16014
political subdivision.	16015

(2) In the context of a contract for design-build services,	16016
"public authority" means a state agency, state institution of	16017
higher education, or county.	16018

(B) "Professional design firm" means any person legally	16019
engaged in rendering professional design services.	16020

(C) "Professional design services" means services within the	16021
scope of practice of an architect or landscape architect	16022
registered under Chapter 4703. of the Revised Code or a	16023
professional engineer or surveyor registered under Chapter 4733.	16024
of the Revised Code.	16025

(D) "Qualifications" means all of the following:

16026

(1) ~~Competence of the~~(a) For a professional design firm,	16027
competence to perform the required professional design services as	16028
indicated by the technical training, education, and experience of	16029
the firm's personnel, especially the technical training,	16030
education, and experience of the employees within the firm who	16031
would be assigned to perform the services;	16032

(b) For a design-build firm, competence to perform the	16033
required design-build services as indicated by the technical	16034
training, education, and experience of the design-build firm's	16035
personnel and key consultants, especially the technical training,	16036
education, and experience of the employees and consultants of the	16037
design-build firm who would be assigned to perform the services,	16038
including the proposed architect of record.	16039

(2) Ability of the firm in terms of its workload and the	16040
availability of qualified personnel, equipment, and facilities to	16041
perform the required professional design services or design-build	16042
services competently and expeditiously;	16043

(3) Past performance of the firm as reflected by the	16044
evaluations of previous clients with respect to such factors as	16045
control of costs, quality of work, and meeting of deadlines;	16046

(4) Any other relevant factors as determined by the public	16047
authority;	16048

(5) With respect to a design-build firm, compliance with	16049
sections 4703.182, 4703.332, and 4733.16 of the Revised Code,	16050
including the use of a licensed professional for all design	16051
services.	16052

(E) "Design-build firm" means a person capable of providing	16053
design-build services.	16054

(F) "Design-build services" means services that form an	16055
integrated delivery system for which a person is responsible to a	16056
public authority for both the design and construction, demolition,	16057
alteration, repair, or reconstruction of a public improvement.	16058

(G) "Architect of record" means the architect that serves as	16059
the final signatory on the plans and specifications for the	16060
design-build project.	16061

(H) "Criteria architect or engineer" means the architect or	16062
engineer retained by a public authority to prepare conceptual	16063
plans and specifications, to assist the public authority in	16064
connection with the establishment of the design criteria for a	16065
design-build project, and, if requested by the public authority,	16066
to serve as the representative of the public authority and	16067
provide, during the design-build project, other design and	16068
construction administration services on behalf of the public	16069
authority, including but not limited to, confirming that the	16070
design prepared by the design-build firm reflects the original	16071
design intent established in the design criteria package.	16072

(I) "Open book pricing method" means a method in which a	16073
design-build firm provides the public authority, at the public	16074
authority's request, all books, records, documents, and other data	16075
in its possession pertaining to the bidding, pricing, or	16076
performance of a contract for design-build services awarded to the	16077
design-build firm.	16078

(J) "State agency" means every organized body, office, or	16079
agency established by the laws of the state for the exercise of	16080
any function of state government, except the Ohio turnpike	16081
commission and any special purpose district of the state.	16082

(K) "State institution of higher education" has the same	16083
meaning as in section 3345.011 of the Revised Code.	16084

Sec. 153.66. (A) Each public authority planning to contract	16085
for professional design services or design-build services shall	16086
encourage professional design firms and design-build firms to	16087
submit a statement of qualifications and update the statements at	16088
regular intervals.	16089

(B) Notwithstanding any contrary requirements in sections	16090
153.65 to 153.70 of the Revised Code, for every design-build	16091
contract, each public authority planning to contract for	16092
design-build services shall evaluate the statements of	16093
qualifications submitted by design-build firms for the project,	16094
including the qualifications of the design-build firm's proposed	16095
architect of record, in consultation with the criteria architect	16096
or engineer before selecting a design-build firm pursuant to	16097
section 153.693 of the Revised Code.	16098

Sec. 153.67. Each public authority planning to contract for	16099
professional design services or design-build services shall	16100
publicly announce all contracts available from it for such	16101
services. The announcements shall:	16102

(A) Be made in a uniform and consistent manner and shall be	16103
made sufficiently in advance of the time that responses must be	16104
received from qualified professional design firms or design-build	16105
firms for the firms to have an adequate opportunity to submit a	16106
statement of interest in the project;	16107

(B) Include a general description of the project, a statement	16108
of the specific professional design services or design-build	16109
services required, and a description of the qualifications	16110
required for the project;	16111

(C) Indicate how qualified professional design firms or	16112
design-build firms may submit statements of qualifications in	16113
order to be considered for a contract to design or design-build	16114
the project;	16115

(D) Be sent to ~~either of~~ the following:

16116

(1) ~~Each professional design firm that has a current~~	16117
~~statement of qualifications on file with the public authority and~~	16118
~~is qualified to perform the required professional design services~~	16119
Design-build firms, including contractors or other entities that	16120
seek to perform the work as a design-build firm;	16121

(2) Architect, landscape architect, engineer, and surveyor	16122
~~trade~~ associations, the news media, and any publications or other	16123
public media that the public authority considers appropriate.	16124

Sec. 153.69. For every professional design services	16125
contract, each public authority planning to contract for	16126
professional design services shall evaluate the statements of	16127
qualifications ~~of professional design firms currently on file,~~	16128
~~together with those that are~~ submitted by ~~other~~ professional	16129
design firms specifically regarding the project, and may hold	16130
discussions with individual firms to explore further the firms'	16131
statements of qualifications, the scope and nature of the services	16132
the firms would provide, and the various technical approaches the	16133
firms may take toward the project. Following this evaluation, the	16134
public authority shall:	16135

(A) Select and rank no fewer than three firms which it	16136
considers to be the most qualified to provide the required	16137
professional design services, except when the public authority	16138
determines in writing that fewer than three qualified firms are	16139
available in which case the public authority shall select and rank	16140
those firms;	16141

(B) Negotiate a contract with the firm ranked most qualified	16142
to perform the required services at a compensation determined in	16143
writing to be fair and reasonable to the public authority.	16144
Contract negotiations shall be directed toward:	16145

(1) Ensuring that the professional design firm and the agency	16146
have a mutual understanding of the essential requirements involved	16147
in providing the required services;	16148

(2) Determining that the firm will make available the	16149
necessary personnel, equipment, and facilities to perform the	16150
services within the required time;	16151

(3) Agreeing upon compensation which is fair and reasonable,	16152
taking into account the estimated value, scope, complexity, and	16153
nature of the services.	16154

(C) If a contract is negotiated with the firm ranked to	16155
perform the required services most qualified, the public authority	16156
shall, if applicable under section 127.16 of the Revised Code,	16157
request approval of the board to make expenditures under the	16158
contract.	16159

(D) Upon failure to negotiate a contract with the firm ranked	16160
most qualified, the public authority shall inform the firm in	16161
writing of the termination of negotiations and enter into	16162
negotiations with the firm ranked next most qualified. If	16163
negotiations again fail, the same procedure shall be followed with	16164
each next most qualified firm selected and ranked pursuant to	16165
division (A) of this section, in order of ranking, until a	16166
contract is negotiated.	16167

(E) Should the public authority fail to negotiate a contract	16168
with any of the firms selected pursuant to division (A) of this	16169
section, the public authority shall select and rank additional	16170
firms, based on their qualifications, and negotiations shall	16171
continue as with the firms selected and ranked initially until a	16172
contract is negotiated.	16173

Sec. 153.692. For every design-build contract, the public	16174
authority planning to contract for design-build services shall	16175
first obtain the services of a criteria architect or engineer by	16176
doing either of the following:	16177

(A) Contracting for the services consistent with sections	16178
153.65 to 153.70 of the Revised Code;	16179

(B) Obtaining the services through an architect or engineer	16180
who is an employee of the public authority and notifying the	16181
department of administrative services before the services are	16182
performed.	16183

Sec. 153.693. (A) For every design-build contract, the	16184
public authority planning to contract for design-build services,	16185
in consultation with the criteria architect or engineer, shall	16186
evaluate the statements of qualifications submitted by	16187
design-build firms specifically regarding the project, including	16188
the design-build firm's proposed architect of record. Following	16189
this evaluation, the public authority shall:	16190

(1) Select and rank not fewer than three firms which it	16191
considers to be the most qualified to provide the required	16192
design-build services, except that the public authority shall	16193
select and rank fewer than three firms when the public authority	16194
determines in writing that fewer than three qualified firms are	16195
available;	16196

(2) Provide each selected design-build firm with all of the	16197
following:	16198

(a) A description of the project and project delivery;

16199

(b) The design criteria produced by the criteria architect or	16200
engineer under section 153.692 of the Revised Code;	16201

16202

(d) A description of any preconstruction services;

16203

(e) A description of the proposed design services;

16204

(f) A description of a guaranteed maximum price, including	16205
the estimated level of design on which such guaranteed maximum	16206
price is based;	16207

(g) The form of the design-build services contract;

16208

(h) A request for a fee proposal that shall be divided into a	16209
design services fee and a preconstruction and design-build	16210
services fee;	16211

(i) A request for a pricing proposal that shall include at	16212
least all of the following:	16213

(i) A list of key personnel and consultants for the project	16214
and the design-build firm's staffing chart;	16215

(ii) Design concepts adhering to the design criteria produced	16216
by the criteria architect or engineer under section 153.692 of the	16217
Revised Code;	16218

(iii) The design-build firm's statement of general conditions	16219
and estimated contingency requirements;	16220

(iv) A preliminary project schedule;

16221

(v) The design-build firm's fee proposal requested under	16222
division (A)(2)(h) of this section.	16223

(3) Evaluate the pricing proposal submitted by each selected	16224
firm and may hold discussions with each firm to further	16225
investigate its pricing proposal, including the scope and nature	16226
of the firm's proposed services and potential technical	16227
approaches;	16228

(4) Rank the selected firms based on the public authority's	16229
evaluation of the value of each firm's pricing proposal, with such	16230
evaluation considering each firm's proposed costs and	16231
qualifications;	16232

(5) Enter into contract negotiations for design-build	16233
services with the design-build firm whose pricing proposal the	16234
public authority determines to be the best value under this	16235
section. Contract negotiations shall be directed toward:	16236

(a) Ensuring that the design-build firm and the public	16237
authority mutually understand the essential requirements involved	16238
in providing the required design-build services, including the	16239
awarding of subcontracts under section 153.501 of the Revised	16240
Code, the provisions for the use of contingency funds, and the	16241
terms of the contract, including terms related to the possible	16242
distribution of savings in the final costs of the project;	16243

(b) Ensuring that the design-build firm shall be able to	16244
provide the necessary personnel, equipment, and facilities to	16245
perform the design-build services within the time required by the	16246
design-build construction contract;	16247

(c) Agreeing upon a procedure and schedule for determining a	16248
guaranteed maximum price using an open book pricing method that	16249
shall represent the total maximum amount to be paid by the public	16250
authority to the design-build firm for the project and that shall	16251
include the costs of all work, the cost of its general conditions,	16252
the contingency, and the fee payable to the design-build firm.	16253

(B) If the public authority fails to negotiate a contract	16254
with the design-build firm whose pricing proposal the public	16255
authority determines to be the best value as determined under this	16256
section, the public authority shall do the following:	16257

(1) Inform the design-build firm in writing of the	16258
termination of negotiations;	16259

(2) Negotiate a contract with a design-build firm ranked next	16260
highest under this section following the negotiation procedure	16261
described in this section;	16262

(3) If negotiations fail with the design-build firm under	16263
division (B)(2) of this section, negotiate a contract with the	16264
design-build firm ranked next highest under this section following	16265
the negotiation procedure described in this section and continue	16266
negotiating with the design-build firms selected under this	16267
section in the order of their ranking until a contract is	16268
negotiated.	16269

(C) If the public authority fails to negotiate a contract	16270
with a design-build firm whose pricing proposal the public	16271
authority determines to be the best value as determined under this	16272
section, it may select additional design-build firms to provide	16273
pricing proposals to the public authority pursuant to this section	16274
or may select an alternative delivery method for the project.	16275

(D) The public authority may provide a stipend for pricing	16276
proposals received from design-build firms.	16277

Sec. 153.694. If a professional design firm selected as the	16278
criteria architect or engineer creates the preliminary criteria	16279
and design criteria for a project and provides professional design	16280
services to a public authority to assist that public authority in	16281
evaluating the design-build requirements provided to the public	16282
authority by a design-build firm pursuant to section 153.692 of	16283
the Revised Code, that professional design firm shall not provide	16284
any design-build services pursuant to a design-build construction	16285
contract under section 153.693 of the Revised Code.	16286

Sec. 153.70. (A) Except for any person providing	16287
professional design services of a research or training nature, any	16288
person rendering professional design services to a public	16289
authority or to a design-build firm, including a criteria	16290
architect or engineer and person performing architect of record	16291
services, shall have and maintain, or be covered by, during the	16292
period the services are rendered, a professional liability	16293
insurance policy or policies with a company or companies that are	16294
authorized to do business in this state and that afford	16295
professional liability coverage for the professional design	16296
services rendered. The insurance shall be in amount considered	16297
sufficient by the public authority. At the public authority's	16298
discretion, the design-build firm shall carry contractor's	16299
professional liability insurance and any other insurance the	16300
public authority deems appropriate.	16301

(B) The requirement for professional liability insurance set	16302
forth in division (A) of this section may be waived by the public	16303
authority for good cause, or the public authority may allow the	16304
person providing the professional design services to provide other	16305
assurances of financial responsibility.	16306

(C) Before construction begins pursuant to a contract for	16307
design-build services with a design-build firm, the design-build	16308
firm shall provide a surety bond to the public authority in	16309
accordance with rules adopted by the director of administrative	16310
services under Chapter 119. of the Revised Code.	16311

Sec. 153.71. Any public authority planning to contract for	16312
professional design services or design-build services may adopt,	16313
amend, or rescind rules, in accordance with Chapter 119. of the	16314
Revised Code, to implement sections 153.66 to 153.70 of the	16315
Revised Code. Sections 153.66 to 153.70 do not apply to any of the	16316
following:	16317

(A) Any project with an estimated professional design fee of	16318
less than twenty-five thousand dollars;	16319

(B) Any project determined in writing by the public authority	16320
head to be an emergency requiring immediate action including, but	16321
not limited to, any projects requiring multiple contracts let as	16322
part of a program requiring a large number of professional design	16323
firms of the same type;	16324

(C) Any public authority that is not empowered by law to	16325
contract for professional design services.	16326

Sec. 153.72. A design-build firm contracted for design-build	16327
services by a public authority may do any of the following:	16328

(A) Perform design, construction, demolition, alteration,	16329
repair, or reconstruction work pursuant to such contract;	16330

(B) Approve bidders and award subcontracts pursuant to	16331
section 153.501 of the Revised Code;	16332

(C) Perform professional design services when contracted by a	16333
public authority for design-build services even if the	16334
design-build firm is not a professional design firm.	16335

Sec. 153.73. The requirements set forth in sections 153.65	16336
to 153.72 of the Revised Code for the bidding, selection, and	16337
award of a contract for professional design services or	16338
design-build services by a public authority prevail in the event	16339
of any conflict with any other provision of this chapter.	16340

Sec. 153.80. (A) A contract for the construction,	16341
demolition, alteration, repair, or reconstruction of a public	16342
improvement entered into on or after ~~the effective date of this~~	16343
~~section~~April 16, 1993, shall be deemed to include the provisions	16344
contained in division (B) of this section.	16345

(B)(1) In regard to any bond filed by the contractor for the	16346
work contracted, the contracting authority, in its sole	16347
discretion, may reduce the bond required by twenty-five per cent	16348
of the total amount of the bond after at least fifty per cent of	16349
the work contracted for has been completed and by fifty per cent	16350
after at least seventy-five per cent of the work contracted for	16351
has been completed provided that all of the following conditions	16352
are met:	16353

(a) The contracting authority determines that the percentage	16354
of the work that has been completed at the time of determination	16355
has been satisfactorily performed and meets the terms of the	16356
contract, including a provision in regard to the time when the	16357
whole or any specified portion of work contemplated in the	16358
contract must be completed;	16359

(b) The contracting authority determines that no disputed	16360
claim caused by the contractor exists or remains unresolved;	16361

(c) The successful bid upon which the contract is based was	16362
not more than ten per cent below the next lowest bid or not more	16363
than ten per cent below a cost estimate for the work as published	16364
by the contracting authority.	16365

(2) In regard to the amount of any funds retained, the	16366
contracting authority, in its sole discretion, may reduce the	16367
amount of funds retained pursuant to ~~section~~sections 153.12 and	16368
153.14 of the Revised Code for the faithful performance of work by	16369
fifty per cent of the amount of funds required to be retained	16370
pursuant to those sections, provided that the surety on the bond	16371
remains liable for all of the following that are caused due to	16372
default by the contractor:	16373

(a) Completion of the job;

16374

(b) All delay claims;

16375

16376

(d) All additional expenses incurred by the contracting	16377
authority.	16378

16379

(1) "Contracting authority" means an officer, board, or other	16380
authority of the state, a county, township, municipal corporation,	16381
or school district, or of any other political subdivision of the	16382
state, authorized to contract for the construction, demolition,	16383
alteration, repair, or reconstruction of a public improvement, and	16384
any construction manager at risk as defined in section 9.33 of the	16385
Revised Code or design-build firm as defined in section 153.65 of	16386
the Revised Code awarding a subcontract, but does not include an	16387
officer, board, or other authority of the department of	16388
transportation.	16389

(2) "Delay claim" means a claim that arises due to default on	16390
provisions in a contract in regard to the time when the whole or	16391
any specified portion of work contemplated in the contract must be	16392
completed.	16393

Sec. 154.02. (A) Pursuant to the provisions of Chapter 154.	16394
of the Revised Code, the issuing authority may issue obligations	16395
as from time to time authorized by or pursuant to act or	16396
resolution of the general assembly, consistent with such	16397
limitations thereon, subject to section 154.12 of the Revised	16398
Code, as the general assembly may thereby prescribe as to	16399
principal amount, bond service charges, or otherwise, and shall	16400
cause the proceeds thereof to be applied to those capital	16401
facilities designated by or pursuant to act of the general	16402
assembly for any of the following:	16403

(1) Mental hygiene and retardation, including housing for	16404
mental hygiene and retardation patients under Section 16 of	16405
Article VIII, Ohio Constitution;	16406

(2) State supported and assisted institutions of higher	16407
education, including community or technical ~~education~~colleges;	16408

(3) Parks and recreation;

16409

(4) Ohio cultural facilities;

16410

(5) Ohio sports facilities;

16411

(6) Housing of branches and agencies of state government.

16412

(B) The authority provided by Chapter 154. of the Revised	16413
Code is in addition to any other authority provided by law for the	16414
same or similar purposes, except as may otherwise specifically be	16415
provided in Chapter 154. of the Revised Code. In case any section	16416
or provision of Chapter 154. of the Revised Code or in case any	16417
covenant, stipulation, obligation, resolution, trust agreement,	16418
indenture, lease agreement, act, or action, or part thereof, made,	16419
assumed, entered into, or taken under Chapter 154. of the Revised	16420
Code, or any application thereof, is for any reason held to be	16421
illegal or invalid, such illegality or invalidity shall not affect	16422
the remainder thereof or any other section or provision of Chapter	16423
154. of the Revised Code or any other covenant, stipulation,	16424
obligation, resolution, trust agreement, indenture, lease,	16425
agreement, act, or action, or part thereof, made, assumed, entered	16426
into, or taken under such chapter, which shall be construed and	16427
enforced as if such illegal or invalid portion were not contained	16428
therein, nor shall such illegality or invalidity or any	16429
application thereof affect any legal and valid application	16430
thereof, and each such section, provision, covenant, stipulation,	16431
obligation, resolution, trust agreement, indenture, lease,	16432
agreement, act, or action, or part thereof, shall be deemed to be	16433
effective, operative, made, entered into or taken in the manner	16434
and to the full extent permitted by law.	16435

Sec. 154.07. For the respective purposes provided in	16436
sections 154.20, 154.21, 154.22, ~~and~~ 154.23, 154.24, and 154.25 of	16437
the Revised Code, the issuing authority may issue obligations of	16438
the state of Ohio as provided in Chapter 154. of the Revised Code,	16439
provided that the holders or owners of obligations shall have no	16440
right to have excises or taxes levied by the general assembly for	16441
the payment of the bond service charges. The right of holders and	16442
owners to payment of bond service charges shall be limited to the	16443
revenues or receipts and funds pledged thereto in accordance with	16444
Chapter 154. of the Revised Code, and each obligation shall bear	16445
on its face a statement to that effect. Chapter 154. of the	16446
Revised Code does not permit, and no provision of that chapter	16447
shall be applied to authorize or grant, a pledge of charges for	16448
the treatment or care of mental hygiene and retardation patients	16449
to bond service charges on obligations other than those issued for	16450
capital facilities for mental hygiene and retardation, or a pledge	16451
of any receipts of or on behalf of state supported or state	16452
assisted institutions of higher education to bond service charges	16453
on obligations other than those issued for capital facilities for	16454
state supported or state assisted institutions of higher	16455
education, or a pledge of receipts with respect to parks and	16456
recreation to bond service charges on obligations other than those	16457
issued for capital facilities for parks and recreation, or a	16458
pledge of revenues or receipts received by or on behalf of any	16459
state agency to bond service charges on obligations other than	16460
those issued for capital facilities which are in whole or in part	16461
useful to, constructed by, or financed by the state agency that	16462
receives the revenues or receipts so pledged.	16463

Sec. 154.11. The issuing authority may authorize and issue	16464
obligations for the refunding, including funding and retirement,	16465
of any obligations previously issued under this chapter and any	16466
bonds or notes previously issued under Chapter 152. of the Revised	16467
Code ~~to pay costs of capital facilities leased to the Ohio~~	16468
~~cultural facilities commission, formerly known as the Ohio arts~~	16469
~~and sports facilities commission~~. Such obligations may be issued	16470
in amounts sufficient for payment of the principal amount of the	16471
prior obligations, any redemption premiums thereon, principal	16472
maturities of any such obligations maturing prior to the	16473
redemption of the remaining obligations on a parity therewith,	16474
interest accrued or to accrue to the maturity dates or dates of	16475
redemption of such obligations, and any expenses incurred or to be	16476
incurred in connection with such issuance and such refunding,	16477
funding, and retirement. Subject to the bond proceedings therefor,	16478
the portion of proceeds of the sale of obligations issued under	16479
this section to be applied to bond service charges on the prior	16480
obligations shall be credited to the bond service fund for those	16481
prior obligations. Obligations authorized under this section shall	16482
be deemed to be issued for those purposes for which those prior	16483
obligations were issued and are subject to the provisions of	16484
Chapter 154. of the Revised Code pertaining to other obligations,	16485
except as otherwise indicated by this section and except for	16486
division (A) of section 154.02 of the Revised Code, provided that,	16487
unless otherwise authorized by the general assembly, any	16488
limitations imposed by the general assembly pursuant to that	16489
division with respect to bond service charges applicable to the	16490
prior obligations shall be applicable to the obligations issued	16491
under this section to refund, fund, or retire those prior	16492
obligations.	16493

Sec. 154.24. (A) In addition to the definitions provided in	16494
section 154.01 of the Revised Code:	16495

(1) "Capital facilities" includes, for purposes of this	16496
section, storage and parking facilities related to such capital	16497
facilities.	16498

(2) "Costs of capital facilities" includes, for purposes of	16499
this section, the costs of assessing, planning, and altering	16500
capital facilities, and the financing thereof, all related direct	16501
administrative expenses and allocable portions of direct costs of	16502
lessee state agencies, and all other expenses necessary or	16503
incident to the assessment, planning, alteration, maintenance,	16504
equipment, or furnishing of capital facilities and the placing of	16505
the same in use and operation, including any one, part of, or	16506
combination of such classes of costs and expenses.	16507

(3) "Governmental agency" includes, for purposes of this	16508
section, any state of the United States or any department,	16509
division, or agency of any state.	16510

(4) "State agency" includes, for purposes of this section,	16511
branches, authorities, courts, the general assembly, counties,	16512
municipal corporations, and any other governmental entities of	16513
this state that enter into leases with the commission pursuant to	16514
this section or that are designated by law as state agencies for	16515
the purpose of performing a state function that is to be housed by	16516
a capital facility for which the issuing authority is authorized	16517
to issue revenue obligations pursuant to this section.	16518

(B) Subject to authorization by the general assembly under	16519
section 154.02 of the Revised Code, the issuing authority may	16520
issue obligations pursuant to this chapter to pay costs of capital	16521
facilities for housing branches and agencies of state government,	16522
including capital facilities for the purpose of housing personnel,	16523
equipment, or functions, or any combination thereof that a state	16524
agency is responsible for housing, including obligations to pay	16525
the costs of capital facilities described in section 307.021 of	16526
the Revised Code, and the costs of capital facilities in which one	16527
or more state agencies are participating with the federal	16528
government, municipal corporations, counties, or other	16529
governmental entities, or any one or more of them, and in which	16530
that portion of the facility allocated to the participating state	16531
agencies is to be used for the purpose of housing branches and	16532
agencies of state government including housing personnel,	16533
equipment, or functions, or any combination thereof. Such	16534
participation may be by grants, loans, or contributions to other	16535
participating governmental agencies for any of those capital	16536
facilities.	16537

(C) The commission may lease any capital facilities for	16538
housing branches and agencies of state government to, and make or	16539
provide for other agreements with respect to the use or purchase	16540
of such capital facilities with, any state agency or governmental	16541
agency having authority under law to operate such capital	16542
facilities.	16543

(D)(1) For purposes of this division, "available receipts"	16544
means fees, charges, revenues, grants, subsidies, income from the	16545
investment of moneys, proceeds from the sale of goods or services,	16546
and all other revenues or receipts derived from the operation,	16547
leasing, or other disposition of capital facilities financed with	16548
obligations issued under this section or received by or on behalf	16549
of any state agency for which capital facilities are financed with	16550
obligations issued under this section or any state agency	16551
participating in or by which the capital facilities are	16552
constructed or financed; the proceeds of obligations issued under	16553
this section and sections 154.11 or 154.12 of the Revised Code;	16554
and any moneys appropriated by a governmental agency, and gifts,	16555
grants, donations, and pledges, and receipts therefrom, available	16556
for the payment of bond service charges on such obligations.	16557

(2) The issuing authority may pledge all, or such portion as	16558
it determines, of the available receipts to the payment of bond	16559
service charges on obligations issued under this section and	16560
section 154.11 or 154.12 of the Revised Code and for the	16561
establishment and maintenance of any reserves, as provided in the	16562
bond proceedings, and make other provisions therein with respect	16563
to such available receipts as authorized by this chapter, which	16564
provisions shall be controlling notwithstanding any other	16565
provision of law pertaining thereto.	16566

(E) There are hereby created in the custody of the treasurer	16567
of state, but separate and apart from and not a part of the state	16568
treasury, the administrative facilities bond service trust fund,	16569
the adult correctional facilities bond service trust fund, the	16570
juvenile correctional facilities bond service trust fund, and the	16571
public safety bond service trust fund. All money received by or on	16572
account of the issuing authority or the commission and required by	16573
the applicable bond proceedings to be deposited, transferred, or	16574
credited to any of these funds, and all other money transferred or	16575
allocated to or received for the purposes of any of these funds,	16576
shall be deposited with the treasurer of state and credited to	16577
such fund, subject to applicable provisions of the bond	16578
proceedings, but without necessity for any act or appropriation.	16579
These bond service funds are trust funds and are hereby pledged to	16580
the payment of bond service charges on the applicable obligations	16581
issued pursuant to this section and section 154.11 or 154.12 of	16582
the Revised Code to the extent provided in the applicable bond	16583
proceedings, and payment thereof from such funds shall be made or	16584
provided for by the treasurer of state in accordance with such	16585
bond proceedings without necessity for any act or appropriation.	16586

(F) There are hereby created in the state treasury the	16587
administrative building fund, the adult correctional building	16588
fund, the juvenile correctional building fund, and the public	16589
safety building fund. Subject to the bond proceedings therefor,	16590
the proceeds of the sale of obligations pursuant to this section	16591
shall be credited to the appropriate fund, except that any accrued	16592
interest shall be credited to the appropriate bond service trust	16593
fund created pursuant to this section. These funds may also	16594
consist of gifts, grants, appropriated money, and other sums and	16595
securities received to the credit of such fund. All investment	16596
earnings of each fund shall be credited to the fund. The funds	16597
shall be applied to pay the costs of capital facilities as defined	16598
in this section and set forth in the bond proceedings.	16599

(G) This section is to be applied with other applicable	16600
provisions of this chapter.	16601

Sec. 154.25. (A) As used in this section:

16602

(1) "Available community or technical college receipts" means	16603
all money received by a community or technical college or	16604
community or technical college district, including income,	16605
revenues, and receipts from the operation, ownership, or control	16606
of facilities, grants, gifts, donations, and pledges and receipts	16607
therefrom, receipts from fees and charges, the allocated state	16608
share of instruction as defined in section 3333.90 of the Revised	16609
Code, and the proceeds of the sale of obligations, including	16610
proceeds of obligations issued to refund obligations previously	16611
issued, but excluding any special fee, and receipts therefrom,	16612
charged pursuant to division (D) of section 154.21 of the Revised	16613
Code.	16614

(2) "Community or technical college," "college," "community	16615
or technical college district," and "district" have the same	16616
meanings as in section 3333.90 of the Revised Code.	16617

(3) "Community or technical college capital facilities" means	16618
auxiliary facilities, education facilities, and housing and dining	16619
facilities, as those terms are defined in section 3345.12 of the	16620
Revised Code, to the extent permitted to be financed by the	16621
issuance of obligations under division (A)(2) of section 3357.112	16622
of the Revised Code, that are authorized by sections 3354.121,	16623
3357.112, and 3358.10 of the Revised Code to be financed by	16624
obligations issued by a community or technical college district,	16625
and for which the issuing authority is authorized to issue	16626
obligations pursuant to this section, and includes any one, part	16627
of, or any combination of the foregoing, and further includes site	16628
improvements, utilities, machinery, furnishings, and any separate	16629
or connected buildings, structures, improvements, sites, open	16630
space and green space areas, utilities, or equipment to be used	16631
in, or in connection with the operation or maintenance of, or	16632
supplementing or otherwise related to the services or facilities	16633
to be provided by, such facilities.	16634

(4) "Cost of community or technical college capital	16635
facilities" means the costs of acquiring, constructing,	16636
reconstructing, rehabilitating, remodeling, renovating, enlarging,	16637
improving, equipping, or furnishing community or technical college	16638
capital facilities, and the financing thereof, including the cost	16639
of clearance and preparation of the site and of any land to be	16640
used in connection with community or technical college capital	16641
facilities, the cost of any indemnity and surety bonds and	16642
premiums on insurance, all related direct administrative expenses	16643
and allocable portions of direct costs of the commission and the	16644
issuing authority, community or technical college or community or	16645
technical college district, cost of engineering, architectural	16646
services, design, plans, specifications and surveys, estimates of	16647
cost, legal fees, fees and expenses of trustees, depositories,	16648
bond registrars, and paying agents for obligations, cost of	16649
issuance of obligations and financing costs and fees and expenses	16650
of financial advisers and consultants in connection therewith,	16651
interest on obligations from the date thereof to the time when	16652
interest is to be covered by available receipts or other sources	16653
other than proceeds of those obligations, amounts necessary to	16654
establish reserves as required by the bond proceedings, costs of	16655
audits, the reimbursements of all moneys advanced or applied by or	16656
borrowed from the community or technical college, community or	16657
technical college district, or others, from whatever source	16658
provided, including any temporary advances from state	16659
appropriations, for the payment of any item or items of cost of	16660
community or technical college facilities, and all other expenses	16661
necessary or incident to planning or determining feasibility or	16662
practicability with respect to such facilities, and such other	16663
expenses as may be necessary or incident to the acquisition,	16664
construction, reconstruction, rehabilitation, remodeling,	16665
renovation, enlargement, improvement, equipment, and furnishing of	16666
community or technical college capital facilities, the financing	16667
thereof and the placing of them in use and operation, including	16668
any one, part of, or combination of such classes of costs and	16669
expenses.	16670

(5) "Capital facilities" includes community or technical	16671
college capital facilities.	16672

(6) "Obligations" has the same meaning as in section 154.01	16673
or 3345.12 of the Revised Code, as the context requires.	16674

(B) The issuing authority is authorized to issue revenue	16675
obligations under Section 2i of Article VIII, Ohio Constitution,	16676
on behalf of a community or technical college district and shall	16677
cause the net proceeds thereof, after any deposits of accrued	16678
interest for the payment of bond service charges and after any	16679
deposit of all or such lesser portion as the issuing authority may	16680
direct of the premium received upon the sale of those obligations	16681
for the payment of the bond service charges, to be applied to the	16682
cost of community or technical college capital facilities,	16683
provided that the issuance of such obligations is subject to the	16684
execution of a written agreement in accordance with division (C)	16685
of section 3333.90 of the Revised Code for the withholding and	16686
depositing of funds otherwise due the district, or the college it	16687
operates, in respect of its allocated state share of instruction.	16688

(C) The bond service charges and all other payments required	16689
to be made by the trust agreement or indenture securing the	16690
obligations shall be payable solely from available community or	16691
technical college receipts pledged thereto as provided in the	16692
resolution. The available community or technical college receipts	16693
pledged and thereafter received by the commission are immediately	16694
subject to the lien of such pledge without any physical delivery	16695
thereof or further act, and the lien of any such pledge is valid	16696
and binding against all parties having claims of any kind against	16697
the authority, irrespective of whether those parties have notice	16698
thereof, and creates a perfected security interest for all	16699
purposes of Chapter 1309. of the Revised Code and a perfected lien	16700
for purposes of any real property interest, all without the	16701
necessity for separation or delivery of funds or for the filing or	16702
recording of the resolution, trust agreement, indenture, or other	16703
agreement by which such pledge is created or any certificate,	16704
statement, or other document with respect thereto; and the pledge	16705
of such available community or technical college receipts is	16706
effective and the money therefrom and thereof may be applied to	16707
the purposes for which pledged. Every pledge, and every covenant	16708
and agreement made with respect to the pledge, made in the	16709
resolution may therein be extended to the benefit of the owners	16710
and holders of obligations authorized by this section, and to any	16711
trustee therefor, for the further securing of the payment of the	16712
bond service charges, and all or any rights under any agreement or	16713
lease made under this section may be assigned for such purpose.	16714

(D) This section is to be applied with other applicable	16715
provisions of this chapter.	16716

Sec. 166.02. (A) The general assembly finds that many local	16717
areas throughout the state are experiencing economic stagnation or	16718
decline, and that the economic development programs provided for	16719
in this chapter will constitute deserved, necessary reinvestment	16720
by the state in those areas, materially contribute to their	16721
economic revitalization, and result in improving the economic	16722
welfare of all the people of the state. Accordingly, it is	16723
declared to be the public policy of the state, through the	16724
operations of this chapter and other applicable laws adopted	16725
pursuant to Section 2p or 13 of Article VIII, Ohio Constitution,	16726
and other authority vested in the general assembly, to assist in	16727
and facilitate the establishment or development of eligible	16728
projects or assist and cooperate with any governmental agency in	16729
achieving such purpose.	16730

(B) In furtherance of such public policy and to implement	16731
such purpose, the director of development may:	16732

(1) After consultation with appropriate governmental	16733
agencies, enter into agreements with persons engaged in industry,	16734
commerce, distribution, or research and with governmental agencies	16735
to induce such persons to acquire, construct, reconstruct,	16736
rehabilitate, renovate, enlarge, improve, equip, or furnish, or	16737
otherwise develop, eligible projects and make provision therein	16738
for project facilities and governmental actions, as authorized by	16739
this chapter and other applicable laws, subject to any required	16740
actions by the general assembly or the controlling board and	16741
subject to applicable local government laws and regulations;	16742

(2) Provide for the guarantees and loans as provided for in	16743
sections 166.06 and 166.07 of the Revised Code;	16744

(3) Subject to release of such moneys by the controlling	16745
board, contract for labor and materials needed for, or contract	16746
with others, including governmental agencies, to provide, project	16747
facilities the allowable costs of which are to be paid for or	16748
reimbursed from moneys in the facilities establishment fund, and	16749
contract for the operation of such project facilities;	16750

(4) Subject to release thereof by the controlling board, from	16751
moneys in the facilities establishment fund acquire or contract to	16752
acquire by gift, exchange, or purchase, including the obtaining	16753
and exercise of purchase options, property, and convey or	16754
otherwise dispose of, or provide for the conveyance or disposition	16755
of, property so acquired or contracted to be acquired by sale,	16756
exchange, lease, lease purchase, conditional or installment sale,	16757
transfer, or other disposition, including the grant of an option	16758
to purchase, to any governmental agency or to any other person	16759
without necessity for competitive bidding and upon such terms and	16760
conditions and manner of consideration pursuant to and as the	16761
director determines to be appropriate to satisfy the objectives of	16762
sections 166.01 to 166.11 of the Revised Code;	16763

(5) Retain the services of or employ financial consultants,	16764
appraisers, consulting engineers, superintendents, managers,	16765
construction and accounting experts, attorneys, and employees,	16766
agents, and independent contractors as are necessary in the	16767
director's judgment and fix the compensation for their services;	16768

(6) Receive and accept from any person grants, gifts, and	16769
contributions of money, property, labor, and other things of	16770
value, to be held, used and applied only for the purpose for which	16771
such grants, gifts, and contributions are made;	16772

(7) Enter into appropriate arrangements and agreements with	16773
any governmental agency for the taking or provision by that	16774
governmental agency of any governmental action;	16775

(8) Do all other acts and enter into contracts and execute	16776
all instruments necessary or appropriate to carry out the	16777
provisions of this chapter;	16778

(9) Adopt rules to implement any of the provisions of this	16779
chapter applicable to the director.	16780

(C) The determinations by the director that facilities	16781
constitute eligible projects, that facilities are project	16782
facilities, that costs of such facilities are allowable costs, and	16783
all other determinations relevant thereto or to an action taken or	16784
agreement entered into shall be conclusive for purposes of the	16785
validity and enforceability of rights of parties arising from	16786
actions taken and agreements entered into under this chapter.	16787

(D) Except as otherwise prescribed in this chapter, all	16788
expenses and obligations incurred by the director in carrying out	16789
the director's powers and in exercising the director's duties	16790
under this chapter, shall be payable solely from, as appropriate,	16791
moneys in the facilities establishment fund, the loan guarantee	16792
fund, the innovation Ohio loan guarantee fund, the innovation Ohio	16793
loan fund, the research and development loan fund, the logistics	16794
and distribution infrastructure fund, the logistics and	16795
distribution infrastructure taxable bond fund, or moneys	16796
appropriated for such purpose by the general assembly. This	16797
chapter does not authorize the director or the issuing authority	16798
under section 166.08 of the Revised Code to incur bonded	16799
indebtedness of the state or any political subdivision thereof, or	16800
to obligate or pledge moneys raised by taxation for the payment of	16801
any bonds or notes issued or guarantees made pursuant to this	16802
chapter.	16803

(E) ~~No financial assistance for project facilities shall be~~	16804
~~provided under this chapter unless the provisions of the agreement~~	16805
~~providing for such assistance specify that all wages paid to~~	16806
~~laborers and mechanics employed on such project facilities for~~	16807
~~which the assistance is granted shall be paid at the prevailing~~	16808
~~rates of wages of laborers and mechanics for the class of work~~	16809
~~called for by such project facilities, which wages shall be~~	16810
~~determined in accordance with the requirements of Chapter 4115. of~~	16811
~~the Revised Code for determination of prevailing wage rates,~~	16812
~~provided that the requirements of this division do not apply where~~	16813
~~the federal government or any of its agencies provides financing~~	16814
~~assistance as to all or any part of the funds used in connection~~	16815
~~with such project facilities and prescribes predetermined minimum~~	16816
~~wages to be paid to such laborers and mechanics; and provided~~	16817
~~further that should a nonpublic user beneficiary of the eligible~~	16818
~~project undertake, as part of the eligible project, construction~~	16819
~~to be performed by its regular bargaining unit employees who are~~	16820
~~covered under a collective bargaining agreement which was in~~	16821
~~existence prior to the date of the document authorizing such~~	16822
~~assistance then, in that event, the rate of pay provided under the~~	16823
~~collective bargaining agreement may be paid to such employees.~~	16824

~~(F)~~ Any governmental agency may enter into an agreement with	16825
the director, any other governmental agency, or a person to be	16826
assisted under this chapter, to take or provide for the purposes	16827
of this chapter any governmental action it is authorized to take	16828
or provide, and to undertake on behalf and at the request of the	16829
director any action which the director is authorized to undertake	16830
pursuant to divisions (B)(3), (4), and (5) of this section or	16831
divisions (B)(3), (4), and (5) of section 166.12 of the Revised	16832
Code. Governmental agencies of the state shall cooperate with and	16833
provide assistance to the director of development and the	16834
controlling board in the exercise of their respective functions	16835
under this chapter.	16836

Sec. 167.081. A regional council may enter into a contract	16837
that establishes a unit price for, and provides upon a per unit	16838
basis, materials, labor, services, overhead, profit, and	16839
associated expenses for the repair, enlargement, improvement, or	16840
demolition of a building or structure if the contract is awarded	16841
pursuant to a competitive bidding procedure of a county, municipal	16842
corporation, or township or a special district, school district,	16843
or other political subdivision that is a council member; a	16844
statewide consortium of which the council is a member; or a	16845
multistate consortium of which the council is a member.	16846

A public notice requirement pertaining to the contract shall	16847
be considered as having been met if the public notice is given	16848
once a week for at least two consecutive weeks in a newspaper of	16849
general circulation within a county in this state in which the	16850
council has members and if the notice is posted on the council's	16851
internet web site for at least two consecutive weeks before the	16852
date specified for receiving bids.	16853

A county, municipal corporation, or township and a special	16854
district, school district, or other political subdivision that is	16855
a council member may participate in a contract entered into under	16856
this section. Purchases under a contract entered into under this	16857
section are exempt from any competitive selection or bidding	16858
requirements otherwise required by law. A county, municipal	16859
corporation, or township or a special district, school district,	16860
or other political subdivision that is a member of the council is	16861
not entitled to participate in a contract entered into under this	16862
section if it has received bids for the same work under another	16863
contract, unless participation in a contract under this section	16864
will enable the member to obtain the same work, upon the same	16865
terms, conditions, and specifications, at a lower price.	16866

Sec. 173.14. As used in sections 173.14 to 173.27 of the	16867
Revised Code:	16868

(A)(1) Except as otherwise provided in division (A)(2) of	16869
this section, "long-term care facility" includes any residential	16870
facility that provides personal care services for more than	16871
twenty-four hours for two or more unrelated adults, including all	16872
of the following:	16873

(a) A "nursing home," "residential care facility," or "home	16874
for the aging" as defined in section 3721.01 of the Revised Code;	16875

(b) A facility authorized to provide extended care services	16876
under Title XVIII of the "Social Security Act," 49 Stat. 620	16877
(1935), 42 U.S.C. 301, as amended, including a long-term acute	16878
care hospital that provides medical and rehabilitative care to	16879
patients who require an average length of stay greater than	16880
twenty-five days and is classified by the centers for medicare and	16881
medicaid services as a long-term care hospital pursuant to 42	16882
C.F.R. 412.23(e);	16883

(c) A county home or district home operated pursuant to	16884
Chapter 5155. of the Revised Code;	16885

(d) An "adult care facility" as defined in section ~~3722.01~~	16886
5119.70 of the Revised Code;	16887

(e) A facility approved by the veterans administration under	16888
section 104(a) of the "Veterans Health Care Amendments of 1983,"	16889
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	16890
the placement and care of veterans;	16891

(f) An adult foster home certified under section ~~173.36~~	16892
5119.692 of the Revised Code.	16893

(2) "Long-term care facility" does not include a "residential	16894
facility" as defined in section 5119.22 of the Revised Code or a	16895
"residential facility" as defined in section 5123.19 of the	16896
Revised Code.	16897

(B) "Resident" means a resident of a long-term care facility	16898
and, where appropriate, includes a prospective, previous, or	16899
deceased resident of a long-term care facility.	16900

(C) "Community-based long-term care services" means health	16901
and social services provided to persons in their own homes or in	16902
community care settings, and includes any of the following:	16903

(1) Case management;

16904

(2) Home health care;

16905

(3) Homemaker services;

16906

(4) Chore services;

16907

(5) Respite care;

16908

(6) Adult day care;

16909

(7) Home-delivered meals;

16910

(8) Personal care;

16911

(9) Physical, occupational, and speech therapy;

16912

(10) Transportation;

16913

(11) Any other health and social services provided to persons	16914
that allow them to retain their independence in their own homes or	16915
in community care settings.	16916

(D) "Recipient" means a recipient of community-based	16917
long-term care services and, where appropriate, includes a	16918
prospective, previous, or deceased recipient of community-based	16919
long-term care services.	16920

(E) "Sponsor" means an adult relative, friend, or guardian	16921
who has an interest in or responsibility for the welfare of a	16922
resident or a recipient.	16923

(F) "Personal care services" has the same meaning as in	16924
section 3721.01 of the Revised Code.	16925

(G) "Regional long-term care ombudsperson program" means an	16926
entity, either public or private and nonprofit, designated as a	16927
regional long-term care ombudsperson program by the state	16928
long-term care ombudsperson.	16929

(H) "Representative of the office of the state long-term care	16930
ombudsperson program" means the state long-term care ombudsperson	16931
or a member of the ombudsperson's staff, or a person certified as	16932
a representative of the office under section 173.21 of the Revised	16933
Code.	16934

(I) "Area agency on aging" means an area agency on aging	16935
established under the "Older Americans Act of 1965," 79 Stat. 219,	16936
42 U.S.C.A. 3001, as amended.	16937

Sec. 173.21. (A) The office of the state long-term care	16938
~~ombudsman~~ombudsperson program, through the state long-term care	16939
~~ombudsman~~ombudsperson and the regional long-term care ~~ombudsman~~	16940
ombudsperson programs, shall require each representative of the	16941
office to complete a training and certification program in	16942
accordance with this section and to meet the continuing education	16943
requirements established under this section.	16944

(B) The department of aging shall adopt rules under Chapter	16945
119. of the Revised Code specifying the content of training	16946
programs for representatives of the office of the state long-term	16947
care ~~ombudsman~~ombudsperson program. Training for representatives	16948
other than those who are volunteers providing services through	16949
regional long-term care ~~ombudsman~~ombudsperson programs shall	16950
include instruction regarding federal, state, and local laws,	16951
rules, and policies on long-term care facilities and	16952
community-based long-term care services; investigative techniques;	16953
and other topics considered relevant by the department and shall	16954
consist of the following:	16955

(1) A minimum of forty clock hours of basic instruction,	16956
which shall be completed before the trainee is permitted to handle	16957
complaints without the supervision of a representative of the	16958
office certified under this section;	16959

(2) An additional sixty clock hours of instruction, which	16960
shall be completed within the first fifteen months of employment;	16961

(3) An internship of twenty clock hours, which shall be	16962
completed within the first twenty-four months of employment,	16963
including instruction in, and observation of, basic nursing care	16964
and long-term care provider operations and procedures. The	16965
internship shall be performed at a site that has been approved as	16966
an internship site by the state long-term care ~~ombudsman~~	16967
ombudsperson.	16968

(4) One of the following, which shall be completed within the	16969
first twenty-four months of employment:	16970

(a) Observation of a survey conducted by the director of	16971
health to certify a facility to receive funds under sections	16972
5111.20 to 5111.32 of the Revised Code;	16973

(b) Observation of an inspection conducted by the director of	16974
mental health to license an adult care facility under section	16975
~~3722.04~~5119.73 of the Revised Code.	16976

(5) Any other training considered appropriate by the	16977
department.	16978

(C) Persons who for a period of at least six months prior to	16979
June 11, 1990, served as ombudsmen through the long-term care	16980
~~ombudsman~~ombudsperson program established by the department of	16981
aging under division (M) of section 173.01 of the Revised Code	16982
shall not be required to complete a training program. These	16983
persons and persons who complete a training program shall take an	16984
examination administered by the department of aging. On attainment	16985
of a passing score, the person shall be certified by the	16986
department as a representative of the office. The department shall	16987
issue the person an identification card, which the representative	16988
shall show at the request of any person with whom hethe	16989
representative deals while performing ~~his~~the representative's	16990
duties and which he shall ~~surrender~~be surrendered at the time he	16991
the representative separates from the office.	16992

(D) The state ~~ombudsman~~ombudsperson and each regional	16993
program shall conduct training programs for volunteers on their	16994
respective staffs in accordance with the rules of the department	16995
of aging adopted under division (B) of this section. Training	16996
programs may be conducted that train volunteers to complete some,	16997
but not all, of the duties of a representative of the office. Each	16998
regional office shall bear the cost of training its	16999
representatives who are volunteers. On completion of a training	17000
program, the representative shall take an examination administered	17001
by the department of aging. On attainment of a passing score, hea	17002
volunteer shall be certified by the department as a representative	17003
authorized to perform services specified in the certification. The	17004
department shall issue an identification card, which the	17005
representative shall show at the request of any person with whom	17006
hethe representative deals while performing ~~his~~the	17007
representative's duties and which he shall ~~surrender~~be	17008
surrendered at the time hethe representative separates from the	17009
office. Except as a supervised part of a training program, no	17010
volunteer shall perform any duty unless he is certified as a	17011
representative having received appropriate training for that duty.	17012

(E) The state ~~ombudsman~~ombudsperson shall provide technical	17013
assistance to regional programs conducting training programs for	17014
volunteers and shall monitor the training programs.	17015

(F) Prior to scheduling an observation of a certification	17016
survey or licensing inspection for purposes of division (B)(4) of	17017
this section, the state ~~ombudsman~~ombudsperson shall obtain	17018
permission to have the survey or inspection observed from both the	17019
director of health and the long-term care facility at which the	17020
survey or inspection is to take place.	17021

(G) The department of aging shall establish continuing	17022
education requirements for representatives of the office.	17023

Sec. 173.26. (A) Each of the following facilities shall	17024
annually pay to the department of aging six dollars for each bed	17025
maintained by the facility for use by a resident during any part	17026
of the previous year:	17027

(1) Nursing homes, residential care facilities, and homes for	17028
the aging as defined in section 3721.01 of the Revised Code;	17029

(2) Facilities authorized to provide extended care services	17030
under Title XVIII of the "Social Security Act," 49 Stat. 620	17031
(1935), 42 U.S.C. 301, as amended, including a long-term acute	17032
care hospital that provides medical and rehabilitative care to	17033
patients who require an average length of stay greater than	17034
twenty-five days and is classified by the centers for medicare and	17035
medicaid services as a long-term care hospital pursuant to 42	17036
C.F.R. 412.23(e);	17037

(3) County homes and district homes operated pursuant to	17038
Chapter 5155. of the Revised Code;	17039

(4) Adult care facilities as defined in section ~~3722.01~~	17040
5119.70 of the Revised Code;	17041

(5) Facilities approved by the Veterans Administration under	17042
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	17043
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	17044
the placement and care of veterans.	17045

The department shall, by rule adopted in accordance with	17046
Chapter 119. of the Revised Code, establish deadlines for payments	17047
required by this section. A facility that fails, within ninety	17048
days after the established deadline, to pay a payment required by	17049
this section shall be assessed at two times the original invoiced	17050
payment.	17051

(B) All money collected under this section shall be deposited	17052
in the state treasury to the credit of the office of the state	17053
long-term care ombudsperson program fund, which is hereby created.	17054
Money credited to the fund shall be used solely to pay the costs	17055
of operating the regional long-term care ombudsperson programs.	17056

(C) The state long-term care ombudsperson and the regional	17057
programs may solicit and receive contributions to support the	17058
operation of the office or a regional program, except that no	17059
contribution shall be solicited or accepted that would interfere	17060
with the independence or objectivity of the office or program.	17061

Sec. 173.391. (A) The department of aging or its designee	17062
shall do all of the following in accordance with Chapter 119. of	17063
the Revised Code:	17064

(1) Certify a person or government entity to provide	17065
community-based long-term care services under a program the	17066
department administers if the person or government entity	17067
satisfies the requirements for certification established by rules	17068
adopted under division (B) of this section and pays the fee, if	17069
any, established by rules adopted under division (G) of this	17070
section;	17071

(2) When required to do so by rules adopted under division	17072
(B) of this section, take one or more of the following	17073
disciplinary actions against a person or government entity ~~issued~~	17074
~~a certificate~~certified under division (A)(1) of this section:	17075

(a) Issue a written warning;

17076

(b) Require the submission of a plan of correction or	17077
evidence of compliance with requirements identified by the	17078
department;	17079

17080

(d) Remove clients;

17081

(e) Impose a fiscal sanction such as a civil monetary penalty	17082
or an order that unearned funds be repaid;	17083

(f) Suspend the certification;

17084

(g) Revoke the ~~certificate~~certification;

17085

~~(g)~~(h) Impose another sanction.

17086

(3) ~~Hold~~Except as provided in division (E) of this section,	17087
hold hearings when there is a dispute between the department or	17088
its designee and a person or government entity concerning actions	17089
the department or its designee takes ~~or does not take~~regarding a	17090
decision not to certify the person or government entity under	17091
division (A)(1) of this section or a disciplinary action under	17092
division (A)~~(1) or~~ (2)~~(c)~~(e) to ~~(g)~~(h) of this section.	17093

(B) The director of aging shall adopt rules in accordance	17094
with Chapter 119. of the Revised Code establishing certification	17095
requirements and standards for determining which type of	17096
disciplinary action to take under division (A)(2) of this section	17097
in individual situations. The rules shall establish procedures for	17098
all of the following:	17099

(1) Ensuring that community-based long-term care agencies	17100
comply with section 173.394 of the Revised Code;	17101

(2) Evaluating the services provided by the agencies to	17102
ensure that ~~they~~the services are provided in a quality manner	17103
advantageous to the individual receiving the services;	17104

(3) Determining when to take disciplinary action under	17105
division (A)(2) of this section and which disciplinary action to	17106
take;	17107

(4) Determining what constitutes another sanction for	17108
purposes of division (A)(2)(h) of this section.	17109

(C) The procedures established in rules adopted under	17110
division (B)(2) of this section shall require that all of the	17111
following be considered as part of an evaluation described in	17112
division (B)(2) of this section:	17113

(1) The ~~service provider's~~community-based long-term care	17114
agency's experience and financial responsibility;	17115

(2) The ~~service provider's~~agency's ability to comply with	17116
standards for the community-based long-term care services that the	17117
~~provider~~agency provides under a program the department	17118
administers;	17119

(3) The ~~service provider's~~agency's ability to meet the needs	17120
of the individuals served;	17121

(4) Any other factor the director considers relevant.

17122

(D) The rules adopted under division (B)(3) of this section	17123
shall specify that the reasons disciplinary action may be taken	17124
under division (A)(2) of this section include good cause,	17125
including misfeasance, malfeasance, nonfeasance, confirmed abuse	17126
or neglect, financial irresponsibility, or other conduct the	17127
director determines is injurious, or poses a threat, to the health	17128
or safety of individuals being served.	17129

(E) Subject to division (F) of this section, the department	17130
is not required to hold hearings under division (A)(3) of this	17131
section if any of the following conditions apply:	17132

(1) Rules adopted by the director of aging pursuant to this	17133
chapter require the community-based long-term care agency to be a	17134
party to a provider agreement; hold a license, certificate, or	17135
permit; or maintain a certification, any of which is required or	17136
issued by a state or federal government entity other than the	17137
department of aging, and either of the following is the case:	17138

(a) The provider agreement has not been entered into or the	17139
license, certificate, permit, or certification has not been	17140
obtained or maintained.	17141

(b) The provider agreement, license, certificate, permit, or	17142
certification has been denied, revoked, not renewed, or suspended	17143
or has been otherwise restricted.	17144

(2) The agency's certification under this section has been	17145
denied, suspended, or revoked for any of the following reasons:	17146

(a) A government entity of this state, other than the	17147
department of aging, has terminated or refused to renew any of the	17148
following held by, or has denied any of the following sought by, a	17149
community-based long-term care agency: a provider agreement,	17150
license, certificate, permit, or certification. Division (E)(2)(a)	17151
of this section applies regardless of whether the agency has	17152
entered into a provider agreement in, or holds a license,	17153
certificate, permit, or certification issued by, another state.	17154

(b) The agency or a principal owner or manager of the agency	17155
who provides direct care has entered a guilty plea for, or has	17156
been convicted of, an offense materially related to the medicaid	17157
program.	17158

(c) The agency or a principal owner or manager of the agency	17159
who provides direct care has entered a guilty plea for, or been	17160
convicted of, an offense listed in division (C)(1)(a) of section	17161
173.394 of the Revised Code, but only if none of the personal	17162
character standards established by the department in rules adopted	17163
under division (F) of section 173.394 of the Revised Code apply.	17164

(d) The United States department of health and human services	17165
has taken adverse action against the agency and that action	17166
impacts the agency's participation in the medicaid program.	17167

(e) The agency has failed to enter into or renew a provider	17168
agreement with the PASSPORT administrative agency, as that term is	17169
defined in section 173.42 of the Revised Code, that administers	17170
programs on behalf of the department of aging in the region of the	17171
state in which the agency is certified to provide services.	17172

(f) The agency has not billed or otherwise submitted a claim	17173
to the department for payment under the medicaid program in at	17174
least two years.	17175

(g) The agency denied or failed to provide the department or	17176
its designee access to the agency's facilities during the agency's	17177
normal business hours for purposes of conducting an audit or	17178
structural compliance review.	17179

(h) The agency has ceased doing business.

17180

(i) The agency has voluntarily relinquished its certification	17181
for any reason.	17182

(3) The agency's provider agreement with the department of	17183
job and family services has been suspended under division (C) of	17184
section 5111.031 of the Revised Code.	17185

(4) The agency's provider agreement with the department of	17186
job and family services is denied or revoked because the agency or	17187
its owner, officer, authorized agent, associate, manager, or	17188
employee has been convicted of an offense that caused the provider	17189
agreement to be suspended under section 5111.031 of the Revised	17190
Code.	17191

(F) If the department does not hold hearings when any	17192
condition described in division (E) of this section applies, the	17193
department may send a notice to the agency describing a decision	17194
not to certify the agency under division (A)(1) of this section or	17195
the disciplinary action the department proposes to take under	17196
division (A)(2)(e) to (h) of this section. The notice shall be	17197
sent to the agency's address that is on record with the department	17198
and may be sent by regular mail.	17199

(G) The director of aging may adopt rules in accordance with	17200
Chapter 119. of the Revised Code establishing a fee to be charged	17201
by the department of aging or its designee for certification	17202
issued under this section.	17203

All fees collected by the department or its designee under	17204
this section shall be deposited in the state treasury to the	17205
credit of the provider certification fund, which is hereby	17206
created. Money credited to the fund shall be used to pay for	17207
community-based long-term care services, administrative costs	17208
associated with community-based long-term care agency	17209
certification under this section, and administrative costs related	17210
to the publication of the Ohio long-term care consumer guide.	17211

Sec. 173.40. (A) As used in sections 173.40 to 173.402 of	17212
the Revised Code~~, "PASSPORT~~:	17213

"Medicaid waiver component" has the same meaning as in	17214
section 5111.85 of the Revised Code.	17215

"PASSPORT program" means the program created under this	17216
section.	17217

"PASSPORT waiver" means the federal medicaid waiver granted	17218
by the United States secretary of health and human services that	17219
authorizes the medicaid-funded component of the PASSPORT program.	17220

"Unified long-term services and support medicaid waiver	17221
component" means the medicaid waiver component authorized by	17222
section 5111.864 of the Revised Code.	17223

(B) There is hereby created the preadmission screening system	17224
providing options and resources today program, or PASSPORT. The	17225
PASSPORT program shall provide home and community-based services	17226
as an alternative to nursing facility placement for individuals	17227
who are aged and disabled ~~medicaid recipients~~and meet the	17228
program's applicable eligibility requirements. ~~The~~Subject to	17229
division (C) of this section, the program shall have a	17230
medicaid-funded component and a state-funded component.	17231

(C)(1) Unless the medicaid-funded component of the PASSPORT	17232
program is terminated under division (C)(2) of this section, all	17233
of the following apply:	17234

(a) The department of aging shall administer the	17235
medicaid-funded component through a contract entered into with the	17236
department of job and family services under section 5111.91 of the	17237
Revised Code.	17238

(b) The medicaid-funded component shall be operated as a	17239
separate medicaid waiver component~~, as defined in section 5111.85~~	17240
~~of the Revised Code, until the United States secretary of health~~	17241
~~and human services approves the consolidated federal medicaid~~	17242
~~waiver sought under section 5111.861 of the Revised Code~~. ~~The~~	17243
~~program shall be part of the consolidated federal medicaid waiver~~	17244
~~sought under that section if the United States secretary approves~~	17245
~~the waiver. The department of aging shall administer the program~~	17246
~~through a contract entered into with the department of job and~~	17247
~~family services under section 5111.91 of the Revised Code. The~~	17248

(c) For an individual to be eligible for the medicaid-funded	17249
component, the individual must be a medicaid recipient and meet	17250
the additional eligibility requirements applicable to the	17251
individual established in rules adopted under division (C)(1)(d)	17252
of this section.	17253

(d) The director of job and family services shall adopt rules	17254
under section 5111.85 of the Revised Code and the director of	17255
aging shall adopt rules in accordance with Chapter 119. of the	17256
Revised Code to implement the ~~program~~medicaid-funded component.	17257

(2) If the unified long-term services and support medicaid	17258
waiver component is created, the departments of aging and job and	17259
family services shall work together to determine whether the	17260
medicaid-funded component of the PASSPORT program should continue	17261
to operate as a separate medicaid waiver component or be	17262
terminated. If the departments determine that the medicaid-funded	17263
component of the PASSPORT program should be terminated, the	17264
medicaid-funded component shall cease to exist on a date the	17265
departments shall specify.	17266

(D)(1) The department of aging shall administer the	17267
state-funded component of the PASSPORT program. The state-funded	17268
component shall not be administered as part of the medicaid	17269
program.	17270

(2) For an individual to be eligible for the state-funded	17271
component, the individual must meet one of the following	17272
requirements and meet the additional eligibility requirements	17273
applicable to the individual established in rules adopted under	17274
division (D)(4) of this section:	17275

(a) The individual must have been enrolled in the	17276
state-funded component on September 1, 1991, (as the state-funded	17277
component was authorized by uncodified law in effect at that time)	17278
and have had one or more applications for enrollment in the	17279
medicaid-funded component (or, if the medicaid-funded component is	17280
terminated under division (C)(2) of this section, the unified	17281
long-term services and support medicaid waiver component) denied.	17282

(b) The individual must have had the individual's enrollment	17283
in the medicaid-funded component (or, if the medicaid-funded	17284
component is terminated under division (C)(2) of this section, the	17285
unified long-term services and support medicaid waiver component)	17286
terminated and the individual must still need the home and	17287
community-based services provided under the PASSPORT program to	17288
protect the individual's health and safety.	17289

(c) The individual must have an application for the	17290
medicaid-funded component (or, if the medicaid-funded component is	17291
terminated under division (C)(2) of this section, the unified	17292
long-term services and support medicaid waiver component) pending	17293
and the department or the department's designee must have	17294
determined that the individual meets the nonfinancial eligibility	17295
requirements of the medicaid-funded component (or, if the	17296
medicaid-funded component is terminated under division (C)(2) of	17297
this section, the unified long-term services and support medicaid	17298
waiver component) and not have reason to doubt that the individual	17299
meets the financial eligibility requirements of the	17300
medicaid-funded component (or, if the medicaid-funded component is	17301
terminated under division (C)(2) of this section, the unified	17302
long-term services and support medicaid waiver component).	17303

(3) An individual who is eligible for the state-funded	17304
component because the individual meets the requirement of division	17305
(D)(2)(c) of this section may participate in the component for not	17306
more than three months.	17307

(4) The director of aging shall adopt rules in accordance	17308
with section 111.15 of the Revised Code to implement the	17309
state-funded component. The additional eligibility requirements	17310
established in the rules may vary for the different groups of	17311
individuals specified in divisions (D)(2)(a), (b), and (c) of this	17312
section.	17313

Sec. 173.401. (A) As used in this section:

17314

"Area agency on aging" has the same meaning as in section	17315
173.14 of the Revised Code.	17316

"Long-term care consultation program" means the program the	17317
department of aging is required to develop under section 173.42 of	17318
the Revised Code.	17319

"Long-term care consultation program administrator" or	17320
"administrator" means the department of aging or, if the	17321
department contracts with an area agency on aging or other entity	17322
to administer the long-term care consultation program for a	17323
particular area, that agency or entity.	17324

"Nursing facility" has the same meaning as in section 5111.20	17325
of the Revised Code.	17326

~~"PASSPORT waiver" means the federal medicaid waiver granted~~	17327
~~by the United States secretary of health and human services that~~	17328
~~authorizes the PASSPORT program.~~	17329

(B) ~~The~~Subject to division (C)(2) of section 173.40 of the	17330
Revised Code, the department shall establish a home first	17331
component of the PASSPORT program under which eligible individuals	17332
may be enrolled in the medicaid-funded component of the PASSPORT	17333
program in accordance with this section. An individual is eligible	17334
for the PASSPORT program's home first component if ~~all~~both of the	17335
following apply:	17336

(1) The individual ishas been determined to be eligible for	17337
the medicaid-funded component of the PASSPORT program.	17338

(2) ~~The individual is on the unified waiting list established~~	17339
~~under section 173.404 of the Revised Code.~~	17340

~~(3)~~ At least one of the following applies:

17341

(a) The individual has been admitted to a nursing facility.

17342

(b) A physician has determined and documented in writing that	17343
the individual has a medical condition that, unless the individual	17344
is enrolled in home and community-based services such as the	17345
PASSPORT program, will require the individual to be admitted to a	17346
nursing facility within thirty days of the physician's	17347
determination.	17348

(c) The individual has been hospitalized and a physician has	17349
determined and documented in writing that, unless the individual	17350
is enrolled in home and community-based services such as the	17351
PASSPORT program, the individual is to be transported directly	17352
from the hospital to a nursing facility and admitted.	17353

(d) Both of the following apply:

17354

(i) The individual is the subject of a report made under	17355
section 5101.61 of the Revised Code regarding abuse, neglect, or	17356
exploitation or such a report referred to a county department of	17357
job and family services under section 5126.31 of the Revised Code	17358
or has made a request to a county department for protective	17359
services as defined in section 5101.60 of the Revised Code.	17360

(ii) A county department of job and family services and an	17361
area agency on aging have jointly documented in writing that,	17362
unless the individual is enrolled in home and community-based	17363
services such as the PASSPORT program, the individual should be	17364
admitted to a nursing facility.	17365

(C) Each month, each area agency on aging shall identify	17366
individuals residing in the area that the agency serves who are	17367
eligible for the home first component of the PASSPORT program.	17368
When an area agency on aging identifies such an individual, the	17369
agency shall notify the long-term care consultation program	17370
administrator serving the area in which the individual resides.	17371
The administrator shall determine whether the PASSPORT program is	17372
appropriate for the individual and whether the individual would	17373
rather participate in the PASSPORT program than continue or begin	17374
to reside in a nursing facility. If the administrator determines	17375
that the PASSPORT program is appropriate for the individual and	17376
the individual would rather participate in the PASSPORT program	17377
than continue or begin to reside in a nursing facility, the	17378
administrator shall so notify the department of aging. On receipt	17379
of the notice from the administrator, the department shall approve	17380
the individual's enrollment in the medicaid-funded component of	17381
the PASSPORT program regardless of the unified waiting list	17382
established under section 173.404 of the Revised Code, unless the	17383
enrollment would cause the ~~PASSPORT program~~component to exceed	17384
any limit on the number of individuals who may be enrolled in the	17385
~~program~~component as set by the United States secretary of health	17386
and human services in the PASSPORT waiver.	17387

~~(D) Each quarter, the department of aging shall certify to~~	17388
~~the director of budget and management the estimated increase in~~	17389
~~costs of the PASSPORT program resulting from enrollment of~~	17390
~~individuals in the PASSPORT program pursuant to this section.~~	17391

Sec. 173.403. ~~"Choices~~(A) As used in this section:

17392

"Choices program" means the program created under this	17393
section.	17394

~~There~~"Medicaid waiver component" has the same meaning as in	17395
section 5111.85 of the Revised Code.	17396

"Unified long-term services and support medicaid waiver	17397
component" means the medicaid waiver component authorized by	17398
section 5111.864 of the Revised Code.	17399

(B) Subject to division (C) of this section, there is hereby	17400
created the choices program. The program shall provide home and	17401
community-based services. ~~The choices program shall be operated as~~	17402
~~a separate medicaid waiver component, as defined in section~~	17403
~~5111.85 of the Revised Code, until the United States secretary of~~	17404
~~health and human services approves the consolidated federal~~	17405
~~medicaid waiver sought under section 5111.861 of the Revised Code.~~	17406
~~The program shall be part of the consolidated federal medicaid~~	17407
~~waiver sought under that section if the United States secretary~~	17408
~~approves the waiver.~~ The department of aging shall administer the	17409
program through a contract entered into with the department of job	17410
and family services under section 5111.91 of the Revised Code.	17411
Subject to federal approval, the program shall be available	17412
statewide.	17413

(C) If the unified long-term services and support medicaid	17414
waiver component is created, the departments of aging and job and	17415
family services shall work together to determine whether the	17416
choices program should continue to operate as a separate medicaid	17417
waiver component or be terminated. If the departments determine	17418
that the choices program should be terminated, the program shall	17419
cease to exist on a date the departments shall specify.	17420

Sec. 173.404. (A) As used in this section:

17421

(1) "Department of aging-administered medicaid waiver	17422
component" means each of the following:	17423

(a) The medicaid-funded component of the PASSPORT program	17424
created under section 173.40 of the Revised Code;	17425

(b) The choices program created under section 173.403 of the	17426
Revised Code;	17427

(c) The medicaid-funded component of the assisted living	17428
program created under section 5111.89 of the Revised Code.	17429

(2) "PACE program" means the component of the medicaid	17430
program the department of aging administers pursuant to section	17431
173.50 of the Revised Code.	17432

(B) ~~The~~If the department of aging determines that there are	17433
insufficient funds to enroll all individuals who have applied and	17434
been determined eligible for department of aging-administered	17435
medicaid waiver components and the PACE program, the department of	17436
~~aging~~ shall establish a unified waiting list for ~~department of~~	17437
~~aging-administered medicaid waiver~~the components and ~~the PACE~~	17438
program. Only individuals eligible for a department of	17439
aging-administered medicaid waiver component or the PACE program	17440
may be placed on the unified waiting list. An individual who may	17441
be enrolled in a department of aging-administered medicaid waiver	17442
component or the PACE program through a home first component	17443
established under section 173.401, 173.501, or 5111.894 of the	17444
Revised Code may be so enrolled without being placed on the	17445
unified waiting list.	17446

Sec. 173.41. (A) The department of aging shall promote the	17447
development of a statewide aging and disabilities resource network	17448
through which older adults, adults with disabilities, and their	17449
caregivers are provided with both of the following:	17450

(1) Information on any long-term care service options	17451
available to the individuals;	17452

(2) Streamlined access to long-term care services, both	17453
publicly funded services and services available through private	17454
payment.	17455

(B) Area agencies on aging shall establish the network	17456
throughout the state. In doing so, the agencies shall collaborate	17457
with centers for independent living and other locally funded	17458
organizations to establish a cost-effective and consumer-friendly	17459
network that builds on existing, local infrastructures of services	17460
that support consumers in their communities.	17461

Sec. 173.42. (A) As used in sections 173.42 to 173.434 of	17462
the Revised Code:	17463

(1) "Area agency on aging" means a public or private	17464
nonprofit entity designated under section 173.011 of the Revised	17465
Code to administer programs on behalf of the department of aging.	17466

(2) "Department of aging-administered medicaid waiver	17467
component" means each of the following:	17468

(a) The medicaid-funded component of the PASSPORT program	17469
created under section 173.40 of the Revised Code;	17470

(b) The choices program created under section 173.403 of the	17471
Revised Code;	17472

(c) The medicaid-funded component of the assisted living	17473
program created under section 5111.89 of the Revised Code;	17474

(d) Any other medicaid waiver component, as defined in	17475
section 5111.85 of the Revised Code, that the department of aging	17476
administers pursuant to an interagency agreement with the	17477
department of job and family services under section 5111.91 of the	17478
Revised Code.	17479

(3) "Home and community-based services covered by medicaid	17480
components the department of aging administers" means all of the	17481
following:	17482

(a) Medicaid waiver services available to a participant in a	17483
department of aging-administered medicaid waiver component;	17484

(b) The following medicaid state plan services available to a	17485
participant in a department of aging-administered medicaid waiver	17486
component as specified in rules adopted under section 5111.02 of	17487
the Revised Code:	17488

(i) Home health services;

17489

(ii) Private duty nursing services;

17490

(iii) Durable medical equipment;

17491

(iv) Services of a clinical nurse specialist;

17492

(v) Services of a certified nurse practitioner.

17493

17494

(4) "Long-term care consultation" or "consultation" means the	17495
consultation service made available by the department of aging or	17496
a program administrator through the long-term care consultation	17497
program established pursuant to this section.	17498

(5) "Medicaid" means the medical assistance program	17499
established under Chapter 5111. of the Revised Code.	17500

(6) "Nursing facility" has the same meaning as in section	17501
5111.20 of the Revised Code.	17502

(7) "PACE program" means the component of the medicaid	17503
program the department of aging administers pursuant to section	17504
173.50 of the Revised Code.	17505

(8) "PASSPORT administrative agency" means an entity under	17506
contract with the department of aging to provide administrative	17507
services regarding the PASSPORT program.	17508

(9) "Program administrator" means an area agency on aging or	17509
other entity under contract with the department of aging to	17510
administer the long-term care consultation program in a geographic	17511
region specified in the contract.	17512

(10) "Representative" means a person acting on behalf of an	17513
individual specified in division (G) of this section. A	17514
representative may be a family member, attorney, hospital social	17515
worker, or any other person chosen to act on behalf of the	17516
individual.	17517

(B) The department of aging shall develop a long-term care	17518
consultation program whereby individuals or their representatives	17519
are provided with long-term care consultations and receive through	17520
these professional consultations information about options	17521
available to meet long-term care needs and information about	17522
factors to consider in making long-term care decisions. The	17523
long-term care consultations provided under the program may be	17524
provided at any appropriate time, as permitted or required under	17525
this section and the rules adopted under it, including either	17526
prior to or after the individual who is the subject of a	17527
consultation has been admitted to a nursing facility or granted	17528
assistance in receiving home and community-based services covered	17529
by medicaid components the department of aging administers.	17530

(C) The long-term care consultation program shall be	17531
administered by the department of aging, except that the	17532
department may have the program administered on a regional basis	17533
by one or more program administrators. The department and each	17534
program administrator shall administer the program in such a	17535
manner that all of the following are included:	17536

(1) Coordination and collaboration with respect to all	17537
available funding sources for long-term care services;	17538

(2) Assessments of individuals regarding their long-term care	17539
service needs;	17540

(3) Assessments of individuals regarding their on-going	17541
eligibility for long-term care services;	17542

(4) Procedures for assisting individuals in obtaining access	17543
to, and coordination of, health and supportive services, including	17544
department of aging-administered medicaid waiver components;	17545

(5) Priorities for using available resources efficiently and	17546
effectively.	17547

(D) The program's long-term care consultations shall be	17548
provided by individuals certified by the department under section	17549
173.422 of the Revised Code.	17550

(E) The information provided through a long-term care	17551
consultation shall be appropriate to the individual's needs and	17552
situation and shall address all of the following:	17553

(1) The availability of any long-term care options open to	17554
the individual;	17555

(2) Sources and methods of both public and private payment	17556
for long-term care services;	17557

(3) Factors to consider when choosing among the available	17558
programs, services, and benefits;	17559

(4) Opportunities and methods for maximizing independence and	17560
self-reliance, including support services provided by the	17561
individual's family, friends, and community.	17562

(F) An individual's long-term care consultation may include	17563
an assessment of the individual's functional capabilities. The	17564
consultation may incorporate portions of the determinations	17565
required under sections 5111.202, 5119.061, and 5123.021 of the	17566
Revised Code and may be provided concurrently with the assessment	17567
required under section 5111.204 of the Revised Code.	17568

(G)(1) Unless an exemption specified in division (I) of this	17569
section is applicable, each of the following shall be provided	17570
with a long-term care consultation:	17571

(a) An individual who applies or indicates an intention to	17572
apply for admission to a nursing facility, regardless of the	17573
source of payment to be used for the individual's care in a	17574
nursing facility;	17575

(b) An individual who requests a long-term care consultation;

17576

(c) An individual identified by the department or a program	17577
administrator as being likely to benefit from a long-term care	17578
consultation.	17579

(2) In addition to the individuals specified in division	17580
(G)(1) of this section, a long-term care consultation may be	17581
provided to a nursing facility resident regardless of the source	17582
of payment being used for the resident's care in the nursing	17583
facility.	17584

(H)(1) Except as provided in division (H)(2) or (3) of this	17585
section, a long-term care consultation provided pursuant to	17586
division (G) of this section shall be provided as follows:	17587

(a) If the individual for whom the consultation is being	17588
provided has applied for medicaid and the consultation is being	17589
provided concurrently with the assessment required under section	17590
5111.204 of the Revised Code, the consultation shall be completed	17591
in accordance with the applicable time frames specified in that	17592
section for providing a level of care determination based on the	17593
assessment.	17594

(b) In all other cases, the consultation shall be provided	17595
not later than five calendar days after the department or program	17596
administrator receives notice of the reason for which the	17597
consultation is to be provided pursuant to division (G) of this	17598
section.	17599

(2) An individual or the individual's representative may	17600
request that a long-term care consultation be provided on a date	17601
that is later than the date required under division (H)(1)(a) or	17602
(b) of this section.	17603

(3) If a long-term care consultation cannot be completed	17604
within the number of days required by division (H)(1) or (2) of	17605
this section, the department or program administrator may do any	17606
of the following:	17607

(a) In the case of an individual specified in division (G)(1)	17608
of this section, exempt the individual from the consultation	17609
pursuant to rules that may be adopted under division (L) of this	17610
section;	17611

(b) In the case of an applicant for admission to a nursing	17612
facility, provide the consultation after the individual is	17613
admitted to the nursing facility;	17614

(c) In the case of a resident of a nursing facility, provide	17615
the consultation as soon as practicable.	17616

(I) An individual is not required to be provided a long-term	17617
care consultation under division (G)(1) of this section if any of	17618
the following apply:	17619

(1) The department or program administrator has attempted to	17620
provide the consultation, but the individual or the individual's	17621
representative refuses to cooperate;	17622

(2) The individual is to receive care in a nursing facility	17623
under a contract for continuing care as defined in section 173.13	17624
of the Revised Code;	17625

(3) The individual has a contractual right to admission to a	17626
nursing facility operated as part of a system of continuing care	17627
in conjunction with one or more facilities that provide a less	17628
intensive level of services, including a residential care facility	17629
licensed under Chapter 3721. of the Revised Code, an adult care	17630
facility licensed under ~~Chapter 3722.~~sections 5119.70 to 5119.88	17631
of the Revised Code, or an independent living arrangement;	17632

(4) The individual is to receive continual care in a home for	17633
the aged exempt from taxation under section 5701.13 of the Revised	17634
Code;	17635

(5) The individual is seeking admission to a facility that is	17636
not a nursing facility with a provider agreement under section	17637
5111.22, 5111.671, or 5111.672 of the Revised Code;	17638

(6) The individual is exempted from the long-term care	17639
consultation requirement by the department or the program	17640
administrator pursuant to rules that may be adopted under division	17641
(L) of this section.	17642

(J) As part of the long-term care consultation program, the	17643
department or program administrator shall assist an individual or	17644
individual's representative in accessing all sources of care and	17645
services that are appropriate for the individual and for which the	17646
individual is eligible, including all available home and	17647
community-based services covered by medicaid components the	17648
department of aging administers. The assistance shall include	17649
providing for the conduct of assessments or other evaluations and	17650
the development of individualized plans of care or services under	17651
section 173.424 of the Revised Code.	17652

(K) No nursing facility for which an operator has a provider	17653
agreement under section 5111.22, 5111.671, or 5111.672 of the	17654
Revised Code shall admit any individual as a resident, unless the	17655
nursing facility has received evidence that a long-term care	17656
consultation has been completed for the individual or division (I)	17657
of this section is applicable to the individual.	17658

(L) The director of aging may adopt any rules the director	17659
considers necessary for the implementation and administration of	17660
this section. The rules shall be adopted in accordance with	17661
Chapter 119. of the Revised Code and may specify any or all of the	17662
following:	17663

(1) Procedures for providing long-term care consultations	17664
pursuant to this section;	17665

(2) Information to be provided through long-term care	17666
consultations regarding long-term care services that are	17667
available;	17668

(3) Criteria and procedures to be used to identify and	17669
recommend appropriate service options for an individual receiving	17670
a long-term care consultation;	17671

(4) Criteria for exempting individuals from the long-term	17672
care consultation requirement;	17673

(5) Circumstances under which it may be appropriate to	17674
provide an individual's long-term care consultation after the	17675
individual's admission to a nursing facility rather than before	17676
admission;	17677

(6) Criteria for identifying nursing facility residents who	17678
would benefit from the provision of a long-term care consultation;	17679

(7) A description of the types of information from a nursing	17680
facility that is needed under the long-term care consultation	17681
program to assist a resident with relocation from the facility;	17682

(8) Standards to prevent conflicts of interest relative to	17683
the referrals made by a person who performs a long-term care	17684
consultation, including standards that prohibit the person from	17685
being employed by a provider of long-term care services;	17686

(9) Procedures for providing notice and an opportunity for a	17687
hearing under division (N) of this section.	17688

(M) To assist the department and each program administrator	17689
with identifying individuals who are likely to benefit from a	17690
long-term care consultation, the department and program	17691
administrator may ask to be given access to nursing facility	17692
resident assessment data collected through the use of the resident	17693
assessment instrument specified in rules adopted under section	17694
5111.02 of the Revised Code for purposes of the medicaid program.	17695
Except when prohibited by state or federal law, the department of	17696
health, department of job and family services, or nursing facility	17697
holding the data shall grant access to the data on receipt of the	17698
request from the department of aging or program administrator.	17699

(N)(1) The director of aging, after providing notice and an	17700
opportunity for a hearing, may fine a nursing facility an amount	17701
determined by rules the director shall adopt in accordance with	17702
Chapter 119. of the Revised Code for any of the following reasons:	17703

(a) The nursing facility admits an individual, without	17704
evidence that a long-term care consultation has been provided, as	17705
required by this section;	17706

(b) The nursing facility denies a person attempting to	17707
provide a long-term care consultation access to the facility or a	17708
resident of the facility;	17709

(c) The nursing facility denies the department of aging or	17710
program administrator access to the facility or a resident of the	17711
facility, as the department or administrator considers necessary	17712
to administer the program.	17713

(2) In accordance with section 5111.62 of the Revised Code,	17714
all fines collected under division (N)(1) of this section shall be	17715
deposited into the state treasury to the credit of the residents	17716
protection fund.	17717

Sec. 173.45. As used in this section and in sections 173.46	17718
to 173.49 of the Revised Code:	17719

(A) "Adult care facility" has the same meaning as in section	17720
5119.70 of the Revised Code.	17721

(B) "Community-based long-term care services" has the same	17722
meaning as in section 173.14 of the Revised Code.	17723

(C) "Long-term care facility" means a nursing home or	17724
residential care facility.	17725

~~(B)~~(D) "Nursing home" and "residential care facility" have	17726
the same meanings as in section 3721.01 of the Revised Code.	17727

~~(C)~~(E) "Nursing facility" has the same meaning as in section	17728
5111.20 of the Revised Code.	17729

Sec. 173.46. (A) The department of aging shall develop and	17730
publish a guide to long-term care facilities for use by	17731
individuals considering long-term care facility admission and	17732
their families, friends, and advisors. The guide, which shall be	17733
titled the Ohio long-term care consumer guide, may be published in	17734
printed form or in electronic form for distribution over the	17735
internet. The guide may be developed as a continuation or	17736
modification of the guide published by the department prior to ~~the~~	17737
~~effective date of this section~~September 29, 2005, under rules	17738
adopted under section 173.02 of the Revised Code.	17739

(B) The Ohio long-term care consumer guide shall include	17740
information on each long-term care facility in this state. For	17741
each facility, the guide shall include the following information,	17742
as applicable to the facility:	17743

(1) Information regarding the facility's compliance with	17744
state statutes and rules and federal statutes and regulations;	17745

(2) Information generated by the centers for medicare and	17746
medicaid services of the United States department of health and	17747
human services from the quality measures developed as part of its	17748
nursing home quality initiative;	17749

(3) Results of the customer satisfaction surveys conducted	17750
under section 173.47 of the Revised Code;	17751

(4) Any other information the department specifies in rules	17752
adopted under section 173.49 of the Revised Code.	17753

(C) The Ohio long-term care consumer guide may include	17754
information on adult care facilities and providers of	17755
community-based long-term care services. The department may adopt	17756
rules under section 173.49 of the Revised Code to specify the	17757
information to be included in the guide pursuant to this division.	17758

Sec. 173.47. (A) For purposes of publishing the Ohio	17759
long-term care consumer guide, the department of aging shall	17760
conduct or provide for the conduct of an annual customer	17761
satisfaction survey of each long-term care facility. The results	17762
of the surveys may include information obtained from long-term	17763
care facility residents, their families, or both.	17764

(B)~~(1) The department may charge fees for the conduct of~~	17765
~~annual customer satisfaction surveys. The department may contract~~	17766
~~with any person or government entity to collect the fees on its~~	17767
~~behalf. All fees collected under this section shall be deposited~~	17768
~~in accordance with section 173.48 of the Revised Code.~~	17769

~~(2) The fees charged under this section shall not exceed the~~	17770
~~following amounts:~~	17771

~~(a) Four hundred dollars for the customer satisfaction survey~~	17772
~~of a long-term care facility that is a nursing home;~~	17773

~~(b) Three hundred dollars for the customer satisfaction~~	17774
~~survey pertaining to a long-term care facility that is a~~	17775
~~residential care facility.~~	17776

~~(3) Fees paid by a long-term care facility that is a nursing~~	17777
~~facility shall be reimbursed through the medicaid program operated~~	17778
~~under Chapter 5111. of the Revised Code.~~	17779

~~(C)~~ Each long-term care facility shall cooperate in the	17780
conduct of its annual customer satisfaction survey.	17781

Sec. 173.48. (A)(1) The department of aging may charge annual	17782
fees to long-term care facilities for the publication of the Ohio	17783
long-term care consumer guide. The department may contract with	17784
any person or government entity to collect the fees on its behalf.	17785
All fees collected under this section shall be deposited in	17786
accordance with division (B) of this section.	17787

(2) The annual fees charged under this section shall not	17788
exceed the following amounts:	17789

(a) Four hundred dollars for each long-term care facility	17790
that is a nursing home;	17791

(b) Three hundred dollars for each long-term care facility	17792
that is a residential care facility.	17793

(3) Fees paid by a long-term care facility that is a nursing	17794
facility shall be reimbursed through the medicaid program operated	17795
under Chapter 5111. of the Revised Code.	17796

(B) There is hereby created in the state treasury the	17797
long-term care consumer guide fund. Money collected from the fees	17798
charged for the ~~conduct of customer satisfaction surveys~~	17799
publication of the Ohio long-term care consumer guide under	17800
division (A) of this section ~~173.47 of the Revised Code~~ shall be	17801
credited to the fund. The department ~~of aging~~ shall use money in	17802
the fund for costs associated with publishing the Ohio long-term	17803
care consumer guide, including, but not limited to, costs incurred	17804
in conducting or providing for the conduct of customer	17805
satisfaction surveys.	17806

Sec. 173.501. (A) As used in this section:

17807

"Nursing facility" has the same meaning as in section 5111.20	17808
of the Revised Code.	17809

"PACE provider" has the same meaning as in 42 U.S.C.	17810
1396u-4(a)(3).	17811

(B) The department of aging shall establish a home first	17812
component of the PACE program under which eligible individuals may	17813
be enrolled in the PACE program in accordance with this section.	17814
An individual is eligible for the PACE program's home first	17815
component if ~~all~~both of the following apply:	17816

(1) The individual ishas been determined to be eligible for	17817
the PACE program.	17818

(2) ~~The individual is on the unified waiting list established~~	17819
~~under section 173.404 of the Revised Code.~~	17820

~~(3)~~ At least one of the following applies:

17821

(a) The individual has been admitted to a nursing facility.

17822

(b) A physician has determined and documented in writing that	17823
the individual has a medical condition that, unless the individual	17824
is enrolled in home and community-based services such as the PACE	17825
program, will require the individual to be admitted to a nursing	17826
facility within thirty days of the physician's determination.	17827

(c) The individual has been hospitalized and a physician has	17828
determined and documented in writing that, unless the individual	17829
is enrolled in home and community-based services such as the PACE	17830
program, the individual is to be transported directly from the	17831
hospital to a nursing facility and admitted.	17832

(d) Both of the following apply:

17833

(i) The individual is the subject of a report made under	17834
section 5101.61 of the Revised Code regarding abuse, neglect, or	17835
exploitation or such a report referred to a county department of	17836
job and family services under section 5126.31 of the Revised Code	17837
or has made a request to a county department for protective	17838
services as defined in section 5101.60 of the Revised Code.	17839

(ii) A county department of job and family services and an	17840
area agency on aging have jointly documented in writing that,	17841
unless the individual is enrolled in home and community-based	17842
services such as the PACE program, the individual should be	17843
admitted to a nursing facility.	17844

(C) Each month, the department of aging shall identify	17845
individuals who are eligible for the home first component of the	17846
PACE program. When the department identifies such an individual,	17847
the department shall notify the PACE provider serving the area in	17848
which the individual resides. The PACE provider shall determine	17849
whether the PACE program is appropriate for the individual and	17850
whether the individual would rather participate in the PACE	17851
program than continue or begin to reside in a nursing facility. If	17852
the PACE provider determines that the PACE program is appropriate	17853
for the individual and the individual would rather participate in	17854
the PACE program than continue or begin to reside in a nursing	17855
facility, the PACE provider shall so notify the department of	17856
aging. On receipt of the notice from the PACE provider, the	17857
department of aging shall approve the individual's enrollment in	17858
the PACE program in accordance with priorities established in	17859
rules adopted under section 173.50 of the Revised Code.	17860

~~(D) Each quarter, the department of aging shall certify to~~	17861
~~the director of budget and management the estimated increase in~~	17862
~~costs of the PACE program resulting from enrollment of individuals~~	17863
~~in the PACE program pursuant to this section.~~	17864

Sec. 183.30. ~~(A) Except as provided in division (C) of this~~	17865
~~section, no more than five per cent of the total disbursements,~~	17866
~~encumbrances, and obligations of the southern Ohio agricultural~~	17867
~~and community development foundation in a fiscal year shall be for~~	17868
~~administrative expenses of the foundation in the same fiscal year.~~	17869

~~(B) Except as provided in division (C) of this section, no~~	17870
~~more than five per cent of the total disbursements, encumbrances,~~	17871
~~and obligations of the biomedical research and technology transfer~~	17872
~~trust fund in a fiscal year shall be for expenses relating to the~~	17873
~~administration of the trust fund by the third frontier commission~~	17874
~~in the same fiscal year.~~	17875

~~(C) This section's five per cent limitation on administrative~~	17876
~~expenses does not apply to any fiscal year for which the~~	17877
~~controlling board approves a spending plan that the foundation~~ or	17878
~~commission~~ submits to the board.	17879

Payments may be made from the biomedical research and	17880
technology transfer trust fund for third frontier commission	17881
expenses related to the administration of awards made from the	17882
fund prior to the effective date of this section. No such payments	17883
shall be made after June 30, 2013.	17884

Sec. 183.51. (A) As used in this section and in the	17885
applicable bond proceedings unless otherwise provided:	17886

(1) "Bond proceedings" means the resolutions, orders,	17887
indentures, purchase and sale and trust and other agreements	17888
including any amendments or supplements to them, and credit	17889
enhancement facilities, and amendments and supplements to them, or	17890
any one or more or combination of them, authorizing, awarding, or	17891
providing for the terms and conditions applicable to or providing	17892
for the security or liquidity of, the particular obligations, and	17893
the provisions contained in those obligations.	17894

(2) "Bond service fund" means the bond service fund created	17895
in the bond proceedings for the obligations.	17896

(3) "Capital facilities" means, as applicable, capital	17897
facilities or projects as referred to in section 151.03 or 151.04	17898
of the Revised Code.	17899

(4) "Consent decree" means the consent decree and final	17900
judgment entered November 25, 1998, in the court of common pleas	17901
of Franklin county, Ohio, as the same may be amended or	17902
supplemented from time to time.	17903

(5) "Cost of capital facilities" has the same meaning as in	17904
section 151.01 of the Revised Code, as applicable.	17905

(6) "Credit enhancement facilities," "financing costs," and	17906
"interest" or "interest equivalent" have the same meanings as in	17907
section 133.01 of the Revised Code.	17908

(7) "Debt service" means principal, including any mandatory	17909
sinking fund or redemption requirements for retirement of	17910
obligations, interest and other accreted amounts, interest	17911
equivalent, and any redemption premium, payable on obligations. If	17912
not prohibited by the applicable bond proceedings, "debt service"	17913
may include costs relating to credit enhancement facilities that	17914
are related to and represent, or are intended to provide a source	17915
of payment of or limitation on, other debt service.	17916

(8) "Improvement fund" means, as applicable, the school	17917
building program assistance fund created in section 3318.25 of the	17918
Revised Code and the higher education improvement fund created in	17919
section 154.21 of the Revised Code.	17920

(9) "Issuing authority" means the buckeye tobacco settlement	17921
financing authority created in section 183.52 of the Revised Code.	17922

(10) "Net proceeds" means amounts received from the sale of	17923
obligations, excluding amounts used to refund or retire	17924
outstanding obligations, amounts required to be deposited into	17925
special funds pursuant to the applicable bond proceedings, and	17926
amounts to be used to pay financing costs.	17927

(11) "Obligations" means bonds, notes, or other evidences of	17928
obligation of the issuing authority, including any appertaining	17929
interest coupons, issued by the issuing authority under this	17930
section and Section 2i of Article VIII, Ohio Constitution, for the	17931
purpose of providing funds to the state, in exchange for the	17932
assignment and sale described in division (B) of this section, for	17933
the purpose of paying costs of capital facilities for: (a) housing	17934
branches and agencies of state government limited to facilities	17935
for a system of common schools throughout the state and (b)	17936
state-supported or state-assisted institutions of higher	17937
education.	17938

(12) "Pledged receipts" means, as and to the extent provided	17939
for in the applicable bond proceedings:	17940

(a) Pledged tobacco settlement receipts;

17941

(b) Accrued interest received from the sale of obligations;

17942

17943

(d) Additional or any other specific revenues or receipts	17944
lawfully available to be pledged, and pledged, pursuant to the	17945
bond proceedings, including but not limited to amounts received	17946
under credit enhancement facilities, to the payment of debt	17947
service.	17948

(13) "Pledged tobacco settlement receipts" means all amounts	17949
received by the issuing authority pursuant to division (B) of this	17950
section.	17951

(14) "Principal amount" means the aggregate of the amount as	17952
stated or provided for in the applicable bond proceedings as the	17953
amount on which interest or interest equivalent on particular	17954
obligations is initially calculated. "Principal amount" does not	17955
include any premium paid to the issuing authority by the initial	17956
purchaser of the obligations. "Principal amount" of a capital	17957
appreciation bond, as defined in division (C) of section 3334.01	17958
of the Revised Code, means its original face amount and not its	17959
accreted value, and "principal amount" of a zero coupon bond, as	17960
defined in division (J) of section 3334.01 of the Revised Code,	17961
means the discounted offering price at which the bond is initially	17962
sold to the public, disregarding any purchase price discount to	17963
the original purchaser, if provided in or for pursuant to the bond	17964
proceedings.	17965

(15) "Special funds" or "funds," unless the context indicates	17966
otherwise, means the bond service fund, and any other funds,	17967
including any reserve funds, created under the bond proceedings	17968
and stated to be special funds in those proceedings, including	17969
moneys and investments, and earnings from investments, credited	17970
and to be credited to the particular fund. "Special funds" does	17971
not include any improvement fund or investment earnings on amounts	17972
in any improvement fund, or other funds created by the bond	17973
proceedings that are not stated by those proceedings to be special	17974
funds.	17975

(B) The state may assign and sell to the issuing authority,	17976
and the issuing authority may accept and purchase, all or a	17977
portion of the amounts to be received by the state under the	17978
tobacco master settlement agreement for a purchase price payable	17979
by the issuing authority to the state consisting of the net	17980
proceeds of obligations and any residual interest, if any. Any	17981
such assignment and sale shall be irrevocable in accordance with	17982
its terms during the period any obligations secured by amounts so	17983
assigned and sold are outstanding under the applicable bond	17984
proceedings, and shall constitute a contractual obligation to the	17985
holders or owners of those obligations. Any such assignment and	17986
sale shall also be treated as an absolute transfer and true sale	17987
for all purposes, and not as a pledge or other security interest.	17988
The characterization of any such assignment and sale as a true	17989
sale and absolute transfer shall not be negated or adversely	17990
affected by only a portion of the amounts to be received under the	17991
tobacco master settlement agreement being transferred, the	17992
acquisition or retention by the state of a residual interest, the	17993
participation of any state officer or employee as a member or	17994
officer of, or providing staff support to, the issuing authority,	17995
any responsibility of an officer or employee of the state for	17996
collecting the amounts to be received under the tobacco master	17997
settlement agreement or otherwise enforcing that agreement or	17998
retaining any legal title to or interest in any portion of the	17999
amounts to be received under that agreement for the purpose of	18000
these collection activities, any characterization of the issuing	18001
authority or its obligations for purposes of accounting, taxation,	18002
or securities regulation, or by any other factors whatsoever. A	18003
true sale shall exist under this section regardless of whether the	18004
issuing authority has any recourse against the state or any other	18005
term of the bond proceedings or the treatment or characterization	18006
of the transfer as a financing for any purpose. Upon and following	18007
the assignment and sale, the state shall not have any right,	18008
title, or interest in the portion of the receipts under the	18009
tobacco master settlement agreement so assigned and sold, other	18010
than any residual interest that may be described in the applicable	18011
bond proceedings for those obligations, and that portion, if any,	18012
shall be the property of the issuing authority and not of the	18013
state, and shall be paid directly to the issuing authority, and	18014
shall be owned, received, held, and disbursed by the issuing	18015
authority and not by the state.	18016

The state may covenant, pledge, and agree in the bond	18017
proceedings, with and for the benefit of the issuing authority,	18018
the holders and owners of obligations, and providers of any credit	18019
enhancement facilities, that it shall: (1) maintain statutory	18020
authority for, and cause to be collected and paid directly to the	18021
issuing authority or its assignee, the pledged receipts, (2)	18022
enforce the rights of the issuing authority to receive the	18023
receipts under the tobacco master settlement agreement assigned	18024
and sold to the issuing authority, (3) not materially impair the	18025
rights of the issuing authority to fulfill the terms of its	18026
agreements with the holders or owners of outstanding obligations	18027
under the bond proceedings, (4) not materially impair the rights	18028
and remedies of the holders or owners of outstanding obligations	18029
or materially impair the security for those outstanding	18030
obligations, and (5) enforce Chapter 1346. of the Revised Code,	18031
the tobacco master settlement agreement, and the consent decree to	18032
effectuate the collection of the pledged tobacco settlement	18033
receipts. The bond proceedings may provide or authorize the manner	18034
for determining material impairment of the security for any	18035
outstanding obligations, including by assessing and evaluating the	18036
pledged receipts in the aggregate.	18037

As further provided for in division (H) of this section, the	18038
bond proceedings may also include such other covenants, pledges,	18039
and agreements by the state to protect and safeguard the security	18040
and rights of the holders and owners of the obligations, and of	18041
the providers of any credit enhancement facilities, including,	18042
without limiting the generality of the foregoing, any covenant,	18043
pledge, or agreement customary in transactions involving the	18044
issuance of securities the debt service on which is payable from	18045
or secured by amounts received under the tobacco master settlement	18046
agreement. Notwithstanding any other provision of law, any	18047
covenant, pledge, and agreement of the state, if and when made in	18048
the bond proceedings, shall be controlling and binding upon, and	18049
enforceable against the state in accordance with its terms for so	18050
long as any obligations are outstanding under the applicable bond	18051
proceedings. The bond proceedings may also include limitations on	18052
the remedies available to the issuing authority, the holders and	18053
owners of the obligations, and the providers of any credit	18054
enhancement facilities, including, without limiting the generality	18055
of the foregoing, a provision that those remedies may be limited	18056
to injunctive relief in circumstances where there has been no	18057
prior determination by a court of competent jurisdiction that the	18058
state has not enforced Chapter 1346. of the Revised Code, the	18059
tobacco master settlement agreement, or the consent decree as may	18060
have been covenanted or agreed in the bond proceedings under	18061
division (B)(5) of this section.	18062

Nothing in this section or the bond proceedings shall	18063
preclude or limit, or be construed to preclude or limit, the state	18064
from regulating or authorizing or permitting the regulation of	18065
smoking or from taxing and regulating the sale of cigarettes or	18066
other tobacco products, or from defending or prosecuting cases or	18067
other actions relating to the sale or use of cigarettes or other	18068
tobacco products. Except as otherwise may be agreed in writing by	18069
the attorney general, nothing in this section or the bond	18070
proceedings shall modify or limit, or be construed to modify or	18071
limit, the responsibility, power, judgment, and discretion of the	18072
attorney general to protect and discharge the duties, rights, and	18073
obligations of the state under the tobacco master settlement	18074
agreement, the consent decree, or Chapter 1346. of the Revised	18075
Code.	18076

The governor and the director of budget and management, in	18077
consultation with the attorney general, on behalf of the state,	18078
and any member or officer of the issuing authority as authorized	18079
by that issuing authority, on behalf of the issuing authority, may	18080
take any action and execute any documents, including any purchase	18081
and sale agreements, necessary to effect the assignment and sale	18082
and the acceptance of the assignment and title to the receipts	18083
including, providing irrevocable direction to the escrow agent	18084
acting under the tobacco master settlement agreement to transfer	18085
directly to the issuing authority the amounts to be received under	18086
that agreement that are subject to such assignment and sale. Any	18087
purchase and sale agreement or other bond proceedings may contain	18088
the terms and conditions established by the state and the issuing	18089
authority to carry out and effectuate the purposes of this	18090
section, including, without limitation, covenants binding the	18091
state in favor of the issuing authority and its assignees and the	18092
owners of the obligations. Any such purchase and sale agreement	18093
shall be sufficient to effectuate such purchase and sale without	18094
regard to any other laws governing other property sales or	18095
financial transactions by the state.	18096

Not later than two years following the date on which there	18097
are no longer any obligations outstanding under the bond	18098
proceedings, all assets of the issuing authority shall vest in the	18099
state, the issuing authority shall execute any necessary	18100
assignments or instruments, including any assignment of any right,	18101
title, or ownership to the state for receipt of amounts under the	18102
tobacco master settlement agreement, and the issuing authority	18103
shall be dissolved.	18104

(C) The issuing authority is authorized to issue and to sell	18105
obligations as provided in this section. The aggregate principal	18106
amount of obligations issued under this section shall not exceed	18107
six billion dollars, exclusive of obligations issued under	18108
division (M)(1) of this section to refund, renew, or advance	18109
refund other obligations issued or incurred. At least seventy-five	18110
per cent of the aggregate net proceeds of the obligations issued	18111
under the authority of this section, exclusive of obligations	18112
issued to refund, renew, or advance refund other obligations,	18113
shall be paid to the state for deposit into the school building	18114
program assistance fund created in section 3318.25 of the Revised	18115
Code.	18116

(D) Each issue of obligations shall be authorized by	18117
resolution or order of the issuing authority. The bond proceedings	18118
shall provide for or authorize the manner for determining the	18119
principal amount or maximum principal amount of obligations of an	18120
issue, the principal maturity or maturities, the interest rate or	18121
rates, the date of and the dates of payment of interest on the	18122
obligations, their denominations, and the place or places of	18123
payment of debt service which may be within or outside the state.	18124
Unless otherwise provided by law, the latest principal maturity	18125
may not be later than the earlier of the thirty-first day of	18126
December of the fiftieth calendar year after the year of issuance	18127
of the particular obligations or of the fiftieth calendar year	18128
after the year in which the original obligation to pay was issued	18129
or entered into. Sections 9.96, 9.98, 9.981, 9.982, and 9.983 of	18130
the Revised Code apply to the obligations.	18131

The purpose of the obligations may be stated in the bond	18132
proceedings in general terms, such as, as applicable, "paying	18133
costs of capital facilities for a system of common schools" and	18134
"paying costs of facilities for state-supported and state-assisted	18135
institutions of higher education." Unless otherwise provided in	18136
the bond proceedings or in division (C) of this section, the net	18137
proceeds from the issuance of the obligations shall be paid to the	18138
state for deposit into the applicable improvement fund. In	18139
addition to the investments authorized in Chapter 135. of the	18140
Revised Code, the net proceeds held in an improvement fund may be	18141
invested by the treasurer of state in guaranteed investment	18142
contracts with providers rated at the time of any investment in	18143
the three highest rating categories by two nationally recognized	18144
rating agencies, all subject to the terms and conditions set forth	18145
in those agreements or the bond proceedings. Notwithstanding	18146
~~division (B)(4) of section 3318.38~~anything to the contrary in	18147
Chapter 3318. of the Revised Code, net proceeds of obligations	18148
deposited into the school building program assistance fund created	18149
in section 3318.25 of the Revised Code may be used to pay basic	18150
project costs under ~~section 3318.38 of the Revised Code~~that	18151
chapter at the times determined by the Ohio school facilities	18152
commission without regard to whether those expenditures are in	18153
proportion to the state's and the school district's respective	18154
shares of that basic project cost; provided that this shall not	18155
result in any change in the state or school district shares of the	18156
basic project costs ~~provided under Chapter 3318. of the Revised~~	18157
~~Code~~as determined under that chapter. As used in the preceding	18158
sentence, "Ohio school facilities commission" and "basic project	18159
costs" have the same meanings as in section 3318.01 of the Revised	18160
Code.	18161

(E) The issuing authority may, without need for any other	18162
approval, appoint or provide for the appointment of paying agents,	18163
bond registrars, securities depositories, credit enhancement	18164
providers or counterparties, clearing corporations, and transfer	18165
agents, and retain or contract for the services of underwriters,	18166
investment bankers, financial advisers, accounting experts,	18167
marketing, remarketing, indexing, and administrative agents, other	18168
consultants, and independent contractors, including printing	18169
services, as are necessary in the judgment of the issuing	18170
authority to carry out the issuing authority's functions under	18171
this section and section 183.52 of the Revised Code. The attorney	18172
general as counsel to the issuing authority shall represent the	18173
authority in the execution of its powers and duties, and shall	18174
institute and prosecute all actions on its behalf. The issuing	18175
authority, in consultation with the attorney general, shall select	18176
counsel, and the attorney general shall appoint the counsel	18177
selected, for the purposes of carrying out the functions under	18178
this section and related sections of the Revised Code. Financing	18179
costs are payable, as may be provided in the bond proceedings,	18180
from the proceeds of the obligations, from special funds, or from	18181
other moneys available for the purpose, including as to future	18182
financing costs, from the pledged receipts.	18183

(F) The issuing authority may irrevocably pledge and assign	18184
all, or such portion as the issuing authority determines, of the	18185
pledged receipts to the payment of the debt service charges on	18186
obligations issued under this section, and for the establishment	18187
and maintenance of any reserves, as provided in the bond	18188
proceedings, and make other provisions in the bond proceedings	18189
with respect to pledged receipts as authorized by this section,	18190
which provisions are controlling notwithstanding any other	18191
provisions of law pertaining to them. Any and all pledged receipts	18192
received by the issuing authority and required by the bond	18193
proceedings, consistent with this section, to be deposited,	18194
transferred, or credited to the bond service fund, and all other	18195
money transferred or allocated to or received for the purposes of	18196
that fund, shall be deposited and credited to the bond service	18197
fund created in the bond proceedings for the obligations, subject	18198
to any applicable provisions of those bond proceedings, but	18199
without necessity for any act of appropriation. Those pledged	18200
receipts shall immediately be subject to the lien of that pledge	18201
without any physical delivery thereof or further act, and shall	18202
not be subject to other court judgments. The lien of the pledge of	18203
those pledged receipts shall be valid and binding against all	18204
parties having claims of any kind against the issuing authority,	18205
irrespective of whether those parties have notice thereof. The	18206
pledge shall create a perfected security interest for all purposes	18207
of Chapter 1309. of the Revised Code and a perfected lien for	18208
purposes of any other interest, all without the necessity for	18209
separation or delivery of funds or for the filing or recording of	18210
the applicable bond proceedings by which that pledge is created or	18211
any certificate, statement, or other document with respect	18212
thereto. The pledge of the pledged receipts shall be effective and	18213
the money therefrom and thereof may be applied to the purposes for	18214
which pledged.	18215

(G) Obligations may be further secured, as determined by the	18216
issuing authority, by an indenture or a trust agreement between	18217
the issuing authority and a corporate trustee, which may be any	18218
trust company or bank having a place of business within the state.	18219
Any indenture or trust agreement may contain the resolution or	18220
order authorizing the issuance of the obligations, any provisions	18221
that may be contained in any bond proceedings, and other	18222
provisions that are customary or appropriate in an agreement of	18223
that type, including, but not limited to:	18224

(1) Maintenance of each pledge, indenture, trust agreement,	18225
or other instrument comprising part of the bond proceedings until	18226
the issuing authority has fully paid or provided for the payment	18227
of debt service on the obligations secured by it;	18228

(2) In the event of default in any payments required to be	18229
made by the bond proceedings, enforcement of those payments or	18230
agreements by mandamus, the appointment of a receiver, suit in	18231
equity, action at law, or any combination of them;	18232

(3) The rights and remedies of the holders or owners of	18233
obligations and of the trustee and provisions for protecting and	18234
enforcing them, including limitations on rights of individual	18235
holders and owners.	18236

(H) The bond proceedings may contain additional provisions	18237
customary or appropriate to the financing or to the obligations or	18238
to particular obligations including, but not limited to,	18239
provisions for:	18240

(1) The redemption of obligations prior to maturity at the	18241
option of the issuing authority or of the holder or upon the	18242
occurrence of certain conditions, and at a particular price or	18243
prices and under particular terms and conditions;	18244

(2) The form of and other terms of the obligations;

18245

(3) The establishment, deposit, investment, and application	18246
of special funds, and the safeguarding of moneys on hand or on	18247
deposit, in lieu of the applicability of provisions of Chapter	18248
131. or 135. of the Revised Code, but subject to any special	18249
provisions of this section with respect to the application of	18250
particular funds or moneys. Any financial institution that acts as	18251
a depository of any moneys in special funds or other funds under	18252
the bond proceedings may furnish indemnifying bonds or pledge	18253
securities as required by the issuing authority.	18254

(4) Any or every provision of the bond proceedings being	18255
binding upon the issuing authority and upon such governmental	18256
agency or entity, officer, board, authority, agency, department,	18257
institution, district, or other person or body as may from time to	18258
time be authorized to take actions as may be necessary to perform	18259
all or any part of the duty required by the provision;	18260

(5) The maintenance of each pledge or instrument comprising	18261
part of the bond proceedings until the issuing authority has fully	18262
paid or provided for the payment of the debt service on the	18263
obligations or met other stated conditions;	18264

(6) In the event of default in any payments required to be	18265
made by the bond proceedings, or by any other agreement of the	18266
issuing authority made as part of a contract under which the	18267
obligations were issued or secured, including a credit enhancement	18268
facility, the enforcement of those payments by mandamus, a suit in	18269
equity, an action at law, or any combination of those remedial	18270
actions;	18271

(7) The rights and remedies of the holders or owners of	18272
obligations or of book-entry interests in them, and of third	18273
parties under any credit enhancement facility, and provisions for	18274
protecting and enforcing those rights and remedies, including	18275
limitations on rights of individual holders or owners;	18276

(8) The replacement of mutilated, destroyed, lost, or stolen	18277
obligations;	18278

(9) The funding, refunding, or advance refunding, or other	18279
provision for payment, of obligations that will then no longer be	18280
outstanding for purposes of this section or of the applicable bond	18281
proceedings;	18282

(10) Amendment of the bond proceedings;

18283

(11) Any other or additional agreements with the owners of	18284
obligations, and such other provisions as the issuing authority	18285
determines, including limitations, conditions, or qualifications,	18286
relating to any of the foregoing or the activities of the issuing	18287
authority in connection therewith.	18288

The bond proceedings shall make provision for the payment of	18289
the expenses of the enforcement activity of the attorney general	18290
referred to in division (B) of this section from the amounts from	18291
the tobacco master settlement agreement assigned and sold to the	18292
issuing authority under that division or from the proceeds of	18293
obligations, or a combination thereof, which may include provision	18294
for both annual payments and a special fund providing reserve	18295
amounts for the payment of those expenses.	18296

The issuing authority shall not, and shall covenant in the	18297
bond proceedings that it shall not, be authorized to and shall not	18298
file a voluntary petition under the United States Bankruptcy Code,	18299
11 U.S.C. 101 et seq., as amended, or voluntarily commence any	18300
similar bankruptcy proceeding under state law including, without	18301
limitation, consenting to the appointment of a receiver or trustee	18302
or making a general or specific assignment for the benefit of	18303
creditors, and neither any public officer or any organization,	18304
entity, or other person shall authorize the issuing authority to	18305
be or become a debtor under the United States Bankruptcy Code or	18306
take any of those actions under the United States Bankruptcy Code	18307
or state law. The state hereby covenants, and the issuing	18308
authority shall covenant, with the holders or owners of the	18309
obligations, that the state shall not permit the issuing authority	18310
to file a voluntary petition under the United States Bankruptcy	18311
Code or take any of those actions under the United States	18312
Bankruptcy Code or state law during the period obligations are	18313
outstanding and for any additional period for which the issuing	18314
authority covenants in the bond proceedings, which additional	18315
period may, but need not, be a period of three hundred sixty-seven	18316
days or more.	18317

(I) The obligations requiring execution by or for the issuing	18318
authority shall be signed as provided in the bond proceedings, and	18319
may bear the official seal of the issuing authority or a facsimile	18320
thereof. Any obligation may be signed by the individual who, on	18321
the date of execution, is the authorized signer even though, on	18322
the date of the obligations, that individual is not an authorized	18323
signer. In case the individual whose signature or facsimile	18324
signature appears on any obligation ceases to be an authorized	18325
signer before delivery of the obligation, that signature or	18326
facsimile is nevertheless valid and sufficient for all purposes as	18327
if that individual had remained the authorized signer until	18328
delivery.	18329

(J) Obligations are investment securities under Chapter 1308.	18330
of the Revised Code. Obligations may be issued in bearer or in	18331
registered form, registrable as to principal alone or as to both	18332
principal and interest, or both, or in certificated or	18333
uncertificated form, as the issuing authority determines.	18334
Provision may be made for the exchange, conversion, or transfer of	18335
obligations and for reasonable charges for registration, exchange,	18336
conversion, and transfer. Pending preparation of final	18337
obligations, the issuing authority may provide for the issuance of	18338
interim instruments to be exchanged for the final obligations.	18339

(K) Obligations may be sold at public sale or at private	18340
sale, in such manner, and at such price at, above, or below par,	18341
all as determined by and provided by the issuing authority in the	18342
bond proceedings.	18343

(L) Except to the extent that rights are restricted by the	18344
bond proceedings, any owner of obligations or provider of or	18345
counterparty to a credit enhancement facility may by any suitable	18346
form of legal proceedings protect and enforce any rights relating	18347
to obligations or that facility under the laws of this state or	18348
granted by the bond proceedings. Those rights include the right to	18349
compel the performance of all applicable duties of the issuing	18350
authority and the state. Each duty of the issuing authority and	18351
that issuing authority's officers, staff, and employees, and of	18352
each state entity or agency, or using district or using	18353
institution, and its officers, members, staff, or employees,	18354
undertaken pursuant to the bond proceedings, is hereby established	18355
as a duty of the entity or individual having authority to perform	18356
that duty, specifically enjoined by law and resulting from an	18357
office, trust, or station within the meaning of section 2731.01 of	18358
the Revised Code. The individuals who are from time to time	18359
members of the issuing authority, or their designees acting	18360
pursuant to section 183.52 of the Revised Code, or the issuing	18361
authority's officers, staff, agents, or employees, when acting	18362
within the scope of their employment or agency, shall not be	18363
liable in their personal capacities on any obligations or	18364
otherwise under the bond proceedings, or for otherwise exercising	18365
or carrying out any purposes or powers of the issuing authority.	18366

(M)(1) Subject to any applicable limitations in division (C)	18367
of this section, the issuing authority may also authorize and	18368
provide for the issuance of:	18369

(a) Obligations in the form of bond anticipation notes, and	18370
may authorize and provide for the renewal of those notes from time	18371
to time by the issuance of new notes. The holders of notes or	18372
appertaining interest coupons have the right to have debt service	18373
on those notes paid solely from the moneys and special funds, and	18374
all or any portion of the pledged receipts, that are or may be	18375
pledged to that payment, including the proceeds of bonds or	18376
renewal notes or both, as the issuing authority provides in the	18377
bond proceedings authorizing the notes. Notes may be additionally	18378
secured by covenants of the issuing authority to the effect that	18379
the issuing authority will do all things necessary for the	18380
issuance of bonds or renewal notes in such principal amount and	18381
upon such terms as may be necessary to provide moneys to pay when	18382
due the debt service on the notes, and apply their proceeds to the	18383
extent necessary, to make full and timely payment of debt service	18384
on the notes as provided in the applicable bond proceedings. In	18385
the bond proceedings authorizing the issuance of bond anticipation	18386
notes the issuing authority shall set forth for the bonds	18387
anticipated an estimated schedule of annual principal payments the	18388
latest of which shall be no later than provided in division (D) of	18389
this section. While the notes are outstanding there shall be	18390
deposited, as shall be provided in the bond proceedings for those	18391
notes, from the sources authorized for payment of debt service on	18392
the bonds, amounts sufficient to pay the principal of the bonds	18393
anticipated as set forth in that estimated schedule during the	18394
time the notes are outstanding, which amounts shall be used solely	18395
to pay the principal of those notes or of the bonds anticipated.	18396

(b) Obligations for the refunding, including funding and	18397
retirement, and advance refunding, with or without payment or	18398
redemption prior to maturity, of any obligations previously issued	18399
under this section and any bonds or notes previously issued for	18400
the purpose of paying costs of capital facilities for: (i)	18401
state-supported or state-assisted institutions of higher education	18402
as authorized by sections 151.01 and 151.04 of the Revised Code,	18403
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution,	18404
and (ii) housing branches and agencies of state government limited	18405
to facilities for a system of common schools throughout the state	18406
as authorized by sections 151.01 and 151.03 of the Revised Code,	18407
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution.	18408
Refunding obligations may be issued in amounts sufficient to pay	18409
or to provide for repayment of the principal amount, including	18410
principal amounts maturing prior to the redemption of the	18411
remaining prior obligations or bonds or notes, any redemption	18412
premium, and interest accrued or to accrue to the maturity or	18413
redemption date or dates, payable on the prior obligations or	18414
bonds or notes, and related financing costs and any expenses	18415
incurred or to be incurred in connection with that issuance and	18416
refunding. Subject to the applicable bond proceedings, the portion	18417
of the proceeds of the sale of refunding obligations issued under	18418
division (M)(1)(b) of this section to be applied to debt service	18419
on the prior obligations or bonds or notes shall be credited to an	18420
appropriate separate account in the bond service fund and held in	18421
trust for the purpose by the issuing authority or by a corporate	18422
trustee, and may be invested as provided in the bond proceedings.	18423
Obligations authorized under this division shall be considered to	18424
be issued for those purposes for which the prior obligations or	18425
bonds or notes were issued.	18426

(2) The principal amount of refunding, advance refunding, or	18427
renewal obligations issued pursuant to division (M) of this	18428
section shall be in addition to the amount authorized in division	18429
(C) of this section.	18430

(N) Obligations are lawful investments for banks, savings and	18431
loan associations, credit union share guaranty corporations, trust	18432
companies, trustees, fiduciaries, insurance companies, including	18433
domestic for life and domestic not for life, trustees or other	18434
officers having charge of sinking and bond retirement or other	18435
special funds of the state and political subdivisions and taxing	18436
districts of this state, notwithstanding any other provisions of	18437
the Revised Code or rules adopted pursuant to those provisions by	18438
any state agency with respect to investments by them, and are also	18439
acceptable as security for the repayment of the deposit of public	18440
moneys. The exemptions from taxation in Ohio as provided for in	18441
particular sections of the Ohio Constitution and section 5709.76	18442
of the Revised Code apply to the obligations.	18443

(O)(1) Unless otherwise provided or provided for in any	18444
applicable bond proceedings, moneys to the credit of or in a	18445
special fund shall be disbursed on the order of the issuing	18446
authority. No such order is required for the payment, from the	18447
bond service fund or other special fund, when due of debt service	18448
or required payments under credit enhancement facilities.	18449

(2) Payments received by the issuing authority under interest	18450
rate hedges entered into as credit enhancement facilities under	18451
this section shall be deposited as provided in the applicable bond	18452
proceedings.	18453

(P) The obligations shall not be general obligations of the	18454
state and the full faith and credit, revenue, and taxing power of	18455
the state shall not be pledged to the payment of debt service on	18456
them or to any guarantee of the payment of that debt service. The	18457
holders or owners of the obligations shall have no right to have	18458
any moneys obligated or pledged for the payment of debt service	18459
except as provided in this section and in the applicable bond	18460
proceedings. The rights of the holders and owners to payment of	18461
debt service are limited to all or that portion of the pledged	18462
receipts, and those special funds, pledged to the payment of debt	18463
service pursuant to the bond proceedings in accordance with this	18464
section, and each obligation shall bear on its face a statement to	18465
that effect.	18466

(Q) Each bond service fund is a trust fund and is hereby	18467
pledged to the payment of debt service on the applicable	18468
obligations. Payment of that debt service shall be made or	18469
provided for by the issuing authority in accordance with the bond	18470
proceedings without necessity for any act of appropriation. The	18471
bond proceedings may provide for the establishment of separate	18472
accounts in the bond service fund and for the application of those	18473
accounts only to debt service on specific obligations, and for	18474
other accounts in the bond service fund within the general	18475
purposes of that fund.	18476

(R) Subject to the bond proceedings pertaining to any	18477
obligations then outstanding in accordance with their terms, the	18478
issuing authority may in the bond proceedings pledge all, or such	18479
portion as the issuing authority determines, of the moneys in the	18480
bond service fund to the payment of debt service on particular	18481
obligations, and for the establishment and maintenance of any	18482
reserves for payment of particular debt service.	18483

(S)(1) Unless otherwise provided in any applicable bond	18484
proceedings, moneys to the credit of special funds may be invested	18485
by or on behalf of the issuing authority only in one or more of	18486
the following:	18487

(a) Notes, bonds, or other direct obligations of the United	18488
States or of any agency or instrumentality of the United States,	18489
or in no-front-end-load money market mutual funds consisting	18490
exclusively of those obligations, or in repurchase agreements,	18491
including those issued by any fiduciary, secured by those	18492
obligations, or in collective investment funds consisting	18493
exclusively of those obligations;	18494

(b) Obligations of this state or any political subdivision of	18495
this state;	18496

(c) Certificates of deposit of any national bank located in	18497
this state and any bank, as defined in section 1101.01 of the	18498
Revised Code, subject to inspection by the superintendent of	18499
financial institutions;	18500

(d) The treasurer of state's pooled investment program under	18501
section 135.45 of the Revised Code;	18502

(e) Other investment agreements or repurchase agreements that	18503
are consistent with the ratings on the obligations.	18504

(2) The income from investments referred to in division	18505
(S)(1) of this section shall be credited to special funds or	18506
otherwise as the issuing authority determines in the bond	18507
proceedings. Those investments may be sold or exchanged at times	18508
as the issuing authority determines, provides for, or authorizes.	18509

(T) The treasurer of state shall have responsibility for	18510
keeping records, making reports, and making payments, relating to	18511
any arbitrage rebate requirements under the applicable bond	18512
proceedings.	18513

(U) The issuing authority shall make quarterly reports to the	18514
general assembly of the amounts in, and activities of, each	18515
improvement fund, including amounts and activities on the subfund	18516
level. Each report shall include a detailed description and	18517
analysis of the amount of proceeds remaining in each fund from the	18518
sale of obligations pursuant to this section, and any other	18519
deposits, credits, interest earnings, disbursements, expenses,	18520
transfers, or activities of each fund.	18521

(V) The costs of the annual audit of the authority conducted	18522
pursuant to section 117.112 of the Revised Code are payable, as	18523
may be provided in the bond proceedings, from the proceeds of the	18524
obligations, from special funds, or from other moneys available	18525
for the purpose, including as to future financing costs, from the	18526
pledged receipts.	18527

Sec. 185.01. As used in this chapter:

18528

(A) "Advanced practice nurse" has the same meaning as in	18529
section 4723.01 of the Revised Code.	18530

(B) "Collaboration" has the same meaning as in section	18531
4723.01 of the Revised Code.	18532

(C) ~~"Health care coverage and quality council" means the~~	18533
~~entity established under section 3923.90 of the Revised Code.~~	18534

~~(D)~~ "Patient centered medical home education advisory group"	18535
means the entity established under section 185.03 of the Revised	18536
Code to implement and administer the patient centered medical home	18537
education pilot project.	18538

~~(E)~~(D) "Patient centered medical home education pilot	18539
project" means the pilot project established under section 185.02	18540
of the Revised Code.	18541

Sec. 185.03. (A) The patient centered medical home education	18542
advisory group is hereby created for the purpose of implementing	18543
and administering the patient centered medical home pilot project.	18544
The advisory group shall develop a set of expected outcomes for	18545
the pilot project.	18546

(B) The advisory group shall consist of the following voting	18547
members:	18548

(1) One individual with expertise in the training and	18549
education of primary care physicians who is appointed by the dean	18550
of the university of Toledo college of medicine;	18551

(2) One individual with expertise in the training and	18552
education of primary care physicians who is appointed by the dean	18553
of the Boonshoft school of medicine at Wright state university;	18554

(3) One individual with expertise in the training and	18555
education of primary care physicians who is appointed by the	18556
president and dean of the northeast Ohio medical university;	18557

(4) One individual with expertise in the training and	18558
education of primary care physicians who is appointed by the dean	18559
of the Ohio university college of osteopathic medicine;	18560

(5) Two individuals appointed by the governing board of the	18561
Ohio academy of family physicians;	18562

(6) One individual appointed by the governing board of the	18563
Ohio chapter of the American college of physicians;	18564

(7) One individual appointed by the governing board of the	18565
American academy of pediatrics;	18566

(8) One individual appointed by the governing board of the	18567
Ohio osteopathic association;	18568

(9) One individual with expertise in the training and	18569
education of advanced practice nurses who is appointed by the	18570
governing board of the Ohio council of deans and directors of	18571
baccalaureate and higher degree programs in nursing;	18572

(10) One individual appointed by the governing board of the	18573
Ohio nurses association;	18574

(11) One individual appointed by the governing board of the	18575
Ohio association of advanced practice nurses;	18576

(12) ~~A member of the health care coverage and quality~~	18577
~~council, other than the advisory group member specified in~~	18578
~~division (C)(2) of this section,~~One individual appointed by the	18579
governing board of the Ohio council for home care and hospice;	18580

(13) One individual appointed by the superintendent of	18581
insurance.	18582

(C) The advisory group shall consist of the following	18583
nonvoting, ex officio members:	18584

(1) The executive director of the state medical board, or the	18585
director's designee;	18586

(2) The executive director of the board of nursing or the	18587
director's designee;	18588

(3) The chancellor of the Ohio board of regents, or the	18589
chancellor's designee;	18590

(4) The individual within the department of job and family	18591
services who serves as the director of medicaid, or the director's	18592
designee;	18593

(5) The director of health or the director's designee.

18594

(D) Advisory group members who are appointed shall serve at	18595
the pleasure of their appointing authorities. Terms of office of	18596
appointed members shall be three years, except that a member's	18597
term ends if the pilot project ceases operation during the	18598
member's term.	18599

Vacancies shall be filled in the manner provided for original	18600
appointments.	18601

Members shall serve without compensation, except to the	18602
extent that serving on the advisory group is considered part of	18603
their regular employment duties.	18604

(E) The advisory group shall select from among its members a	18605
chairperson and vice-chairperson. The advisory group may select	18606
any other officers it considers necessary to conduct its business.	18607

A majority of the members of the advisory group constitutes a	18608
quorum for the transaction of official business. A majority of a	18609
quorum is necessary for the advisory group to take any action,	18610
except that when one or more members of a quorum are required to	18611
abstain from voting as provided in division (C)(1)(d) or (C)(2)(c)	18612
of section 185.05 of the Revised Code, the number of members	18613
necessary for a majority of a quorum shall be reduced accordingly.	18614

The advisory group shall meet as necessary to fulfill its	18615
duties. The times and places for the meetings shall be selected by	18616
the chairperson.	18617

(F) Sections 101.82 to 101.87 of the Revised Code do not	18618
apply to the advisory group.	18619

Sec. 185.06. (A) To be eligible for inclusion in the patient	18620
centered medical home education pilot project, a physician	18621
practice shall meet all of the following requirements:	18622

(1) Consist of physicians who are board-certified in family	18623
medicine, general pediatrics, or internal medicine, as those	18624
designations are issued by a medical specialty certifying board	18625
recognized by the American board of medical specialties or	18626
American osteopathic association;	18627

(2) Be capable of adapting the practice during the period in	18628
which the practice receives funding from the patient centered	18629
medical home education advisory group in such a manner that the	18630
practice is fully compliant with the minimum standards for	18631
operation of a patient centered medical home, as those standards	18632
are established by the advisory group;	18633

(3) ~~Comply with any reporting requirements recommended by the~~	18634
~~health care coverage and quality council under division (A)(12) of~~	18635
~~section 3923.91 of the Revised Code;~~	18636

~~(4)~~ Meet any other criteria established by the advisory group	18637
as part of the selection process.	18638

(B) To be eligible for inclusion in the pilot project, an	18639
advanced practice nurse primary care practice shall meet all of	18640
the following requirements:	18641

(1) Consist of advanced practice nurses who meet all of the	18642
following requirements:	18643

(a) Hold a certificate to prescribe issued under section	18644
4723.48 of the Revised Code;	18645

(b) Are board-certified as a family nurse practitioner or	18646
adult nurse practitioner by the American academy of nurse	18647
practitioners or American nurses credentialing center,	18648
board-certified as a geriatric nurse practitioner or women's	18649
health nurse practitioner by the American nurses credentialing	18650
center, or is board-certified as a pediatric nurse practitioner by	18651
the American nurses credentialing center or pediatric nursing	18652
certification board;	18653

(c) Has a collaboration agreement with a physician with board	18654
certification as specified in division (A)(1) of this section and	18655
who is an active participant on the health care team.	18656

(2) Be capable of adapting the primary care practice during	18657
the period in which the practice receives funding from the	18658
advisory group in such a manner that the practice is fully	18659
compliant with the minimum standards for operation of a patient	18660
centered medical home, as those standards are established by the	18661
advisory group;	18662

(3) ~~Comply with any reporting requirements recommended by the~~	18663
~~health care coverage and quality council under division (A)(12) of~~	18664
~~section 3923.91 of the Revised Code;~~	18665

~~(4)~~ Meet any other criteria established by the advisory group	18666
as part of the selection process.	18667

Sec. 185.10. The patient centered medical home education	18668
advisory group shall seek funding sources for the patient centered	18669
medical home education pilot project. In doing so, the advisory	18670
group may apply for grants, seek federal funds, seek private	18671
donations, or seek any other type of funding that may be available	18672
for the pilot project. ~~To ensure that appropriate sources of and~~	18673
~~opportunities for funding are identified and pursued, the advisory~~	18674
~~group may ask for assistance from the health care coverage and~~	18675
~~quality council.~~	18676

Sec. 187.01. As used in this chapter, "JobsOhio" means the	18677
nonprofit corporation formed under this section, and includes any	18678
subsidiary of that corporation. In any section of law that refers	18679
to the nonprofit corporation formed under this section, reference	18680
to the corporation includes reference to any such subsidiary	18681
unless otherwise specified or clearly appearing from the context.	18682

The governor is hereby authorized to form a nonprofit	18683
corporation, to be named "JobsOhio," with the purposes of	18684
promoting economic development, job creation, job retention, job	18685
training, and the recruitment of business to this state. Except as	18686
otherwise provided in this chapter, the corporation shall be	18687
organized and operated in accordance with Chapter 1702. of the	18688
Revised Code. The governor shall sign and file articles of	18689
incorporation for the corporation with the secretary of state. The	18690
legal existence of the corporation shall begin upon the filing of	18691
the articles.	18692

~~The~~In addition to meeting the requirements for articles of	18693
incorporation in Chapter 1702. of the Revised Code, the articles	18694
of incorporation for the nonprofit corporation shall set forth the	18695
following:	18696

(A) The designation of the name of the corporation as	18697
JobsOhio;	18698

(B) The creation of a board of directors consisting of ~~the~~	18699
~~governor and eight~~nine directors, to be appointed by the	18700
governor, who satisfy the qualifications prescribed by section	18701
187.02 of the Revised Code;	18702

(C) A requirement that the governor make initial appointments	18703
to the board within sixty days after the filing of the articles of	18704
incorporation. Of the initial appointments made to the board, two	18705
shall be for a term ending one year after the date the articles	18706
were filed, two shall be for a term ending two years after the	18707
date the articles were filed, and ~~four~~five shall be for a term	18708
ending four years after the date the articles were filed. The	18709
articles shall state that, following the initial appointments, the	18710
governor shall appoint directors to terms of office of four years,	18711
with each term of office ending on the same day of the same month	18712
as did the term that it succeeds. If any director dies, resigns,	18713
or the director's status changes such that any of the requirements	18714
of division (C) of section 187.02 of the Revised Code are no	18715
longer met, that director's seat on the board shall become	18716
immediately vacant. The governor shall forthwith fill the vacancy	18717
by appointment for the remainder of the term of office of the	18718
vacated seat.	18719

(D) ~~The designation of~~A requirement that the governor ~~as the~~	18720
appoint one director to be chairperson of the board and procedures	18721
for electing directors to serve as officers of the corporation and	18722
members of an executive committee;	18723

(E) A provision for the appointment of a chief investment	18724
officer of the corporation by the recommendation of the board and	18725
approval of the governor. The chief investment officer shall serve	18726
at the pleasure of the ~~governor~~board and shall have the power to	18727
execute contracts, spend corporation funds, and hire employees on	18728
behalf of the corporation. If the position of chief investment	18729
officer becomes vacant for any reason, the vacancy shall be filled	18730
in the same manner as provided in this division.	18731

(F) Provisions requiring the board to do all of the	18732
following:	18733

(1) Adopt one or more resolutions providing for compensation	18734
of the chief investment officer;	18735

(2) Approve an employee compensation plan recommended by the	18736
chief investment officer;	18737

(3) Approve a contract with the director of development for	18738
the corporation to assist the director and the department of	18739
development with providing services or otherwise carrying out the	18740
functions or duties of the department, including the operation and	18741
management of programs, offices, divisions, or boards, as may be	18742
determined by the director of development in consultation with the	18743
governor;	18744

(4) Approve all major contracts for services recommended by	18745
the chief investment officer;	18746

(5) Establish an annual strategic plan and standards of	18747
measure to be used in evaluating the corporation's success in	18748
executing the plan;	18749

(6) Establish a conflicts of interest policy that, at a	18750
minimum, complies with section 187.06 of the Revised Code;	18751

(7) Hold a minimum of four board of directors meetings per	18752
year at which a quorum of the board is physically present, and	18753
such other meetings, at which directors' physical presence is not	18754
required, as may be necessary. Meetings at which a quorum of the	18755
board is required to be physically present are subject to	18756
divisions (C), (D), and (E) of section 187.03 of the Revised Code.	18757

(8) Establish a records retention policy and present the	18758
policy, and any subsequent changes to the policy, at a meeting of	18759
the board of directors at which a quorum of the board is required	18760
to be physically present pursuant to division (F)(7) of this	18761
section;	18762

(9) Adopt standards of conduct for the directors.

18763

(G) A statement that directors shall not receive any	18764
compensation from the corporation, except that ~~governor-appointed~~	18765
directors may be reimbursed for actual and necessary expenses	18766
incurred in connection with services performed for the	18767
corporation;	18768

(H) A provision authorizing the board to amend provisions of	18769
the corporation's articles of incorporation or regulations, except	18770
provisions required by this chapter;	18771

(I) Procedures by which the corporation would be dissolved	18772
and by which all corporation rights~~, liabilities,~~ and assets would	18773
be distributed to the state or to another corporation organized	18774
under this chapter. These procedures shall incorporate any	18775
separate procedures subsequently set forth in this chapter for the	18776
dissolution of the corporation. The articles shall state that no	18777
dissolution shall take effect until the corporation has made	18778
adequate provision for the payment of any outstanding bonds,	18779
notes, or other obligations.	18780

(J) A provision establishing an audit committee to be	18781
comprised of directors. The articles shall require that the audit	18782
committee hire an independent certified public accountant to	18783
perform a financial audit of the corporation at least once every	18784
year.	18785

(K) A provision authorizing ~~the governor, as chairperson of~~	18786
~~the board,~~a majority of the disinterested directors to remove a	18787
director for misconduct, as that term may be defined in the	18788
articles or regulations of the corporation. The removal of a	18789
director under this division creates a vacancy on the board that	18790
the governor shall fill by appointment for the remainder of the	18791
term of office of the vacated seat.	18792

Sec. 187.02. (A) To qualify for appointment to the board of	18793
directors of JobsOhio, an individual must satisfy all of the	18794
following:	18795

(1) Has an understanding of generally accepted accounting	18796
principles and financial statements;	18797

(2) Possesses the ability to assess the general application	18798
of such principles in connection with the accounting for	18799
estimates, accruals, and reserves;	18800

(3) Has experience preparing, auditing, analyzing, or	18801
evaluating financial statements that present a breadth and level	18802
of complexity of accounting issues that are generally comparable	18803
to the breadth and complexity of issues that can reasonably be	18804
expected to be presented by the JobsOhio corporation's financial	18805
statements, or experience actively supervising one or more persons	18806
engaged in such activities;	18807

(4) Has an understanding of internal controls and the	18808
procedures for financial reporting;	18809

(5) Has an understanding of audit committee functions.

18810

(B) Specific experience demonstrating the qualifications	18811
required by division (A) of this section may be evidenced by any	18812
of the following:	18813

(1) Education and experience as a principal financial	18814
officer, principal accounting officer, controller, public	18815
accountant or auditor, or experience in one or more positions that	18816
involve the performance of similar functions;	18817

(2) Experience actively supervising a principal financial	18818
officer, principal accounting officer, controller, public	18819
accountant, auditor, or person performing similar functions;	18820

(3) Experience overseeing or assessing the performance of	18821
companies or public accountants with respect to the preparation,	18822
auditing, or evaluation of financial statements;	18823

~~(4) Other experience considered relevant by the governor~~	18824
~~consistent with division (A) of this section~~.	18825

(C) Each individual appointed to the board of directors shall	18826
be a citizen of the United States. At least six of the individuals	18827
appointed to the board shall be residents of or domiciled in this	18828
state.	18829

Sec. 187.03. (A) JobsOhio may perform such functions as	18830
permitted and shall perform such duties as prescribed by law, but	18831
shall not be considered a state or public department, agency,	18832
office, body, institution, or instrumentality for purposes of	18833
section 1.60 or Chapter 102., 121., 125., or 149. of the Revised	18834
Code. JobsOhio and its board of directors are not subject to the	18835
following sections of Chapter 1702. of the Revised Code: sections	18836
1702.03, 1702.08, 1702.09, 1702.21, 1702.24, 1702.26, 1702.27,	18837
1702.28, 1702.29, 1702.301, 1702.33, 1702.34, 1702.37, 1702.38,	18838
1702.40 to 1702.52, 1702.521, 1702.54, 1702.57, 1702.58, 1702.59,	18839
1702.60, 1702.80, and 1702.99. Nothing in this division shall be	18840
construed to impair the powers and duties of the Ohio ethics	18841
commission described in section 102.06 of the Revised Code to	18842
investigate and enforce section 102.02 of the Revised Code with	18843
regard to individuals required to file statements under division	18844
(B)(2) of this section.	18845

(B)(1) ~~With the exception of the governor, directors~~	18846
Directors and employees of JobsOhio are not employees or officials	18847
of the state and, except as provided in division (B)(2) of this	18848
section, are not subject to Chapter 102., 124., 145., or 4117. of	18849
the Revised Code.	18850

(2) The chief investment officer, any other officer or	18851
employee with significant administrative, supervisory,	18852
contracting, or investment authority, and any ~~governor-appointed~~	18853
director of JobsOhio shall file, with the Ohio ethics commission,	18854
a financial disclosure statement pursuant to section 102.02 of the	18855
Revised Code that includes, in place of the information required	18856
by divisions (A)(2), (7), (8), and (9) of that section, the	18857
information required by divisions (A) and (B) of section 102.022	18858
of the Revised Code. The governor shall comply with all applicable	18859
requirements of section 102.02 of the Revised Code.	18860

(3) Actual or in-kind expenditures for the travel, meals, or	18861
lodging of the governor or of any public official or employee	18862
designated by the governor for the purpose of this division shall	18863
not be considered a violation of section 102.03 of the Revised	18864
Code if the expenditures are made by the corporation, or on behalf	18865
of the corporation by any person, in connection with the	18866
governor's performance of official duties ~~as chairperson of the~~	18867
~~board of directors of~~related to JobsOhio. The governor may	18868
designate any person, including a person who is a public official	18869
or employee as defined in section 102.01 of the Revised Code, for	18870
the purpose of this division if such expenditures are made on	18871
behalf of the person in connection with the governor's performance	18872
of official duties ~~as chairperson~~related to JobsOhio. A public	18873
official or employee so designated by the governor shall comply	18874
with all applicable requirements of section 102.02 of the Revised	18875
Code.	18876

At the times and frequency agreed to under division (B)(2)(b)	18877
of section 187.04 of the Revised Code, beginning in 2012, the	18878
corporation shall file with the department of development a	18879
written report of all such expenditures paid or incurred during	18880
the preceding calendar year. The report shall state the dollar	18881
value and purpose of each expenditure, the date of each	18882
expenditure, the name of the person that paid or incurred each	18883
expenditure, and the location, if any, where services or benefits	18884
of an expenditure were received, provided that any such	18885
information that may disclose proprietary information as defined	18886
in division (C) of this section shall not be included in the	18887
report.	18888

(4) The prohibition applicable to former public officials or	18889
employees in division (A)(1) of section 102.03 of the Revised Code	18890
does not apply to any person appointed to be a director or hired	18891
as an employee of JobsOhio.	18892

(5) Notwithstanding division (A)(2) of section 145.01 of the	18893
Revised Code, any person who is a former state employee shall no	18894
longer be considered a public employee for purposes of Chapter	18895
145. of the Revised Code upon commencement of employment with	18896
JobsOhio.	18897

(6) Any director, officer, or employee of JobsOhio may	18898
request an advisory opinion from the Ohio ethics commission with	18899
regard to questions concerning the provisions of sections 102.02	18900
and 102.022 of the Revised Code to which the person is subject.	18901

(C) Meetings of the board of directors at which a quorum of	18902
the board is required to be physically present pursuant to	18903
division (F) of section 187.01 of the Revised Code shall be open	18904
to the public except, by a majority vote of the directors present	18905
at the meeting, such a meeting may be closed to the public only	18906
for one or more of the following purposes:	18907

(1) To consider business strategy of the corporation;

18908

(2) To consider proprietary information belonging to	18909
potential applicants or potential recipients of business	18910
recruitment, retention, or creation incentives. For the purposes	18911
of this division, "proprietary information" means marketing plans,	18912
specific business strategy, production techniques and trade	18913
secrets, financial projections, or personal financial statements	18914
of applicants or members of the applicants' immediate family,	18915
including, but not limited to, tax records or other similar	18916
information not open to the public inspection.	18917

(3) To consider legal matters, including litigation, in which	18918
the corporation is or may be involved;	18919

(4) To consider personnel matters related to an individual	18920
employee of the corporation.	18921

(D) The board of directors shall establish a reasonable	18922
method whereby any person may obtain the time and place of all	18923
public meetings described in division (C) of this section. The	18924
method shall provide that any person, upon request and payment of	18925
a reasonable fee, may obtain reasonable advance notification of	18926
all such meetings.	18927

(E) The board of directors shall promptly prepare, file, and	18928
maintain minutes of all public meetings described in division (C)	18929
of this section.	18930

(F) Not later than March 1, 2012, and the first day of March	18931
of each year thereafter, the chief investment officer of JobsOhio	18932
shall prepare and submit a report of the corporation's activities	18933
for the preceding year to the governor, the speaker and minority	18934
leader of the house of representatives, and the president and	18935
minority leader of the senate. The annual report shall include the	18936
following:	18937

(1) An analysis of the state's economy;

18938

(2) A description of the structure, operation, and financial	18939
status of the corporation;	18940

(3) A description of the corporation's strategy to improve	18941
the state economy and the standards of measure used to evaluate	18942
its progress;	18943

(4) An evaluation of the performance of current strategies	18944
and major initiatives;	18945

(5) An analysis of any statutory or administrative barriers	18946
to successful economic development, business recruitment, and job	18947
growth in the state identified by JobsOhio during the preceding	18948
year.	18949

Sec. 187.09. (A) Any action brought by or on behalf of	18950
JobsOhio against a director or former director in that	18951
individual's capacity as a director shall be brought in the court	18952
of common pleas of Franklin county.	18953

(B) Except as provided in division (D) of this section, any	18954
claim asserting that any one or more sections of the Revised Code	18955
amended or enacted by H.B. 1 of the 129th general assembly, any	18956
section of Chapter 4313. of the Revised Code enacted by H.B. 153	18957
of the 129th general assembly, or any portion of one or more of	18958
those sections, violates any provision of the Ohio Constitution	18959
shall be brought in the court of common pleas of Franklin county	18960
within ninety days after the effective date of the amendment of	18961
this section by H.B. 153 of the 129th general assembly.	18962

(C) Except as provided in division (D) of this section, any	18963
claim asserting that any action taken by JobsOhio violates any	18964
provision of the Ohio Constitution shall be brought in the court	18965
of common pleas of Franklin county within sixty days after the	18966
action is taken.	18967

(D) Divisions (B) and (C) of this section shall not apply to	18968
any claim within the original jurisdiction of the supreme court or	18969
a court of appeals pursuant to Article IV of the Ohio	18970
Constitution.	18971

(E) The court of common pleas of Franklin county shall give	18972
any claim filed pursuant to division (B) or (C) of this section	18973
priority over all other civil cases before the court, irrespective	18974
of position on the court's calendar, and shall make a	18975
determination on the claim expeditiously. A court of appeals shall	18976
give any appeal from a final order issued in a case brought	18977
pursuant to division (B) or (C) of this section priority over all	18978
other civil cases before the court, irrespective of position on	18979
the court's calendar, and shall make a determination on the appeal	18980
expeditiously.	18981

Sec. 187.13. (A) No person, except the nonprofit corporation	18982
formed under section 187.01 of the Revised Code or its designees,	18983
may use the name "JobsOhio" or "Jobs Ohio," or words of a similar	18984
meaning in another language, as any part of a designation or name	18985
under which the person conducts or may conduct business in this	18986
state, unless the person receives the written consent of JobsOhio.	18987
As used in this section, "person" has the same meaning as in	18988
section 1702.01 of the Revised Code.	18989

(B) The name of any subsidiary of JobsOhio shall include the	18990
name "JobsOhio" and an additional designation that differentiates	18991
the subsidiary from other JobsOhio corporations formed under	18992
section 187.01 of the Revised Code.	18993

Sec. 301.02. Previous to the presentation of a petition to	18994
the general assembly praying that a new county be erected, or for	18995
the location or relocation of a county seat, notice of the	18996
intention to present such petition shall be given, at least thirty	18997
days before the ensuing session of the general assembly, by	18998
advertisement in a newspaper ~~published~~of general circulation in	18999
each county from which such new county is intended to be taken. If	19000
no ~~paper~~newspaper is ~~printed~~of general circulation within the	19001
county, notice shall be given by advertisement affixed to the door	19002
of the house where courts are held for such county, for such	19003
period of thirty days. The notice shall set forth the boundary	19004
lines of the new county, or the place where it is proposed to	19005
locate such county seat.	19006

Sec. 301.15. Within sixty days after their appointment, the	19007
commissioners provided for by section 301.14 of the Revised Code,	19008
or any two of them, shall assemble at some convenient place in the	19009
new county. Twenty days' notice of the time, place, and purpose of	19010
such meeting shall be given by publication in a newspaper	19011
~~published in and circulated~~of general circulation in ~~such~~the	19012
county, or by being posted in three of the most public places in	19013
such county. When assembled, after having taken the oath of office	19014
prescribed by sections 3.22 and 3.23 of the Revised Code, such	19015
commissioners shall proceed to examine and select the most proper	19016
place as a seat of justice, as near the center of the county as	19017
possible, having regard to the situation, extent of population,	19018
quality of land, and the convenience and interest of the	19019
inhabitants.	19020

Sec. 301.28. (A) As used in this section:

19021

(1) "Financial transaction device" includes a credit card,	19022
debit card, charge card, or prepaid or stored value card, or	19023
automated clearinghouse network credit, debit, or e-check entry	19024
that includes, but is not limited to, accounts receivable and	19025
internet-initiated, point of purchase, and telephone-initiated	19026
applications or any other device or method for making an	19027
electronic payment or transfer of funds.	19028

(2) "County expenses" includes fees, costs, taxes,	19029
assessments, fines, penalties, payments, or any other expense a	19030
person owes to a county office under the authority of a county	19031
official other than dog registration and kennel fees required to	19032
be paid under Chapter 955. of the Revised Code.	19033

(3) "County official" includes the county auditor, county	19034
treasurer, county engineer, county recorder, county prosecuting	19035
attorney, county sheriff, county coroner, county park district and	19036
board of county commissioners, the clerk of the probate court, the	19037
clerk of the juvenile court, the clerks of court for all divisions	19038
of the courts of common pleas, and the clerk of the court of	19039
common pleas, the clerk of a county-operated municipal court, and	19040
the clerk of a county court.	19041

The term "county expenses" includes county expenses owed to	19042
the board of health of the general health district or a combined	19043
health district in the county. If the board of county	19044
commissioners authorizes county expenses to be paid by financial	19045
transaction devices under this section, then the board of health	19046
and the general health district and the combined health district	19047
may accept payments by financial transaction devices under this	19048
section as if the board were a "county official" and the district	19049
were a county office. However, in the case of a general health	19050
district formed by unification of general health districts under	19051
section 3709.10 of the Revised Code, this entitlement applies only	19052
if all the boards of county commissioners of all counties in the	19053
district have authorized payments to be accepted by financial	19054
transaction devices.	19055

(B) Notwithstanding any other section of the Revised Code and	19056
except as provided in division (D) of this section, a board of	19057
county commissioners may adopt a resolution authorizing the	19058
acceptance of payments by financial transaction devices for county	19059
expenses. The resolution shall include the following:	19060

(1) A specification of those county officials who, and of the	19061
county offices under those county officials that, are authorized	19062
to accept payments by financial transaction devices;	19063

(2) A list of county expenses that may be paid for through	19064
the use of a financial transaction device;	19065

(3) Specific identification of financial transaction devices	19066
that the board authorizes as acceptable means of payment for	19067
county expenses. Uniform acceptance of financial transaction	19068
devices among different types of county expenses is not required.	19069

(4) The amount, if any, authorized as a surcharge or	19070
convenience fee under division (E) of this section for persons	19071
using a financial transaction device. Uniform application of	19072
surcharges or convenience fees among different types of county	19073
expenses is not required.	19074

(5) A specific provision as provided in division (G) of this	19075
section requiring the payment of a penalty if a payment made by	19076
means of a financial transaction device is returned or dishonored	19077
for any reason.	19078

The board's resolution shall also designate the county	19079
treasurer as an administrative agent to solicit proposals, within	19080
guidelines established by the board in the resolution and in	19081
compliance with the procedures provided in division (C) of this	19082
section, from financial institutions, issuers of financial	19083
transaction devices, and processors of financial transaction	19084
devices, to make recommendations about those proposals to the	19085
board, and to assist county offices in implementing the county's	19086
financial transaction devices program. The county treasurer may	19087
decline this responsibility within thirty days after receiving a	19088
copy of the board's resolution by notifying the board in writing	19089
within that period. If the treasurer so notifies the board, the	19090
board shall perform the duties of the administrative agent.	19091

If the county treasurer is the administrative agent and fails	19092
to administer the county financial transaction devices program in	19093
accordance with the guidelines in the board's resolution, the	19094
board shall notify the treasurer in writing of the board's	19095
findings, explain the failures, and give the treasurer six months	19096
to correct the failures. If the treasurer fails to make the	19097
appropriate corrections within that six-month period, the board	19098
may pass a resolution declaring the board to be the administrative	19099
agent. The board may later rescind that resolution at its	19100
discretion.	19101

(C) The county shall follow the procedures provided in this	19102
division whenever it plans to contract with financial	19103
institutions, issuers of financial transaction devices, or	19104
processors of financial transaction devices for the purposes of	19105
this section. The administrative agent shall request proposals	19106
from at least three financial institutions, issuers of financial	19107
transaction devices, or processors of financial transaction	19108
devices, as appropriate in accordance with the resolution adopted	19109
under division (B) of this section. Prior to sending any financial	19110
institution, issuer, or processor a copy of any such request, the	19111
county shall advertise its intent to request proposals in a	19112
newspaper of general circulation in the county once a week for two	19113
consecutive weeks or as provided in section 7.16 of the Revised	19114
Code. The notice shall state that the county intends to request	19115
proposals; specify the purpose of the request; indicate the date,	19116
which shall be at least ten days after the second publication, on	19117
which the request for proposals will be mailed to financial	19118
institutions, issuers, or processors; and require that any	19119
financial institution, issuer, or processor, whichever is	19120
appropriate, interested in receiving the request for proposals	19121
submit written notice of this interest to the county not later	19122
than noon of the day on which the request for proposals will be	19123
mailed.	19124

Upon receiving the proposals, the administrative agent shall	19125
review them and make a recommendation to the board of county	19126
commissioners on which proposals to accept. The board of county	19127
commissioners shall consider the agent's recommendation and review	19128
all proposals submitted, and then may choose to contract with any	19129
or all of the entities submitting proposals, as appropriate. The	19130
board shall provide any financial institution, issuer, or	19131
processor that submitted a proposal, but with which the board does	19132
not enter into a contract, notice that its proposal is rejected.	19133
The notice shall state the reasons for the rejection, indicate	19134
whose proposals were accepted, and provide a copy of the terms and	19135
conditions of the successful bids.	19136

(D) A board of county commissioners adopting a resolution	19137
under this section shall send a copy of the resolution to each	19138
county official in the county who is authorized by the resolution	19139
to accept payments by financial transaction devices. After	19140
receiving the resolution and before accepting payments by	19141
financial transaction devices, a county official shall provide	19142
written notification to the board of county commissioners of the	19143
official's intent to implement the resolution within the	19144
official's office. Each county office subject to the board's	19145
resolution adopted under division (B) of this section may use only	19146
the financial institutions, issuers of financial transaction	19147
devices, and processors of financial transaction devices with	19148
which the board of county commissioners contracts, and each such	19149
office is subject to the terms of those contracts.	19150

If a county office under the authority of a county official	19151
is directly responsible for collecting one or more county expenses	19152
and the county official determines not to accept payments by	19153
financial transaction devices for one or more of those expenses,	19154
the office shall not be required to accept payments by financial	19155
transaction devices, notwithstanding the adoption of a resolution	19156
by the board of county commissioners under this section.	19157

Any office of a clerk of the court of common pleas that	19158
accepts financial transaction devices on or before July 1, 1999,	19159
and any other county office that accepted such devices before	19160
January 1, 1998, may continue to accept such devices without being	19161
subject to any resolution passed by the board of county	19162
commissioners under division (B) of this section, or any other	19163
oversight by the board of the office's financial transaction	19164
devices program. Any such office may use surcharges or convenience	19165
fees in any manner the county official in charge of the office	19166
determines to be appropriate, and, if the county treasurer	19167
consents, may appoint the county treasurer to be the office's	19168
administrative agent for purposes of accepting financial	19169
transaction devices. In order not to be subject to the resolution	19170
of the board of county commissioners adopted under division (B) of	19171
this section, a county office shall notify the board in writing	19172
within thirty days after March 30, 1999, that it accepted	19173
financial transaction devices prior to January 1, 1998, or, in the	19174
case of the office of a clerk of the court of common pleas, the	19175
clerk has accepted or will accept such devices on or before July	19176
1, 1999. Each such notification shall explain how processing costs	19177
associated with financial transaction devices are being paid and	19178
shall indicate whether surcharge or convenience fees are being	19179
passed on to consumers.	19180

(E) A board of county commissioners may establish a surcharge	19181
or convenience fee that may be imposed upon a person making	19182
payment by a financial transaction device. The surcharge or	19183
convenience fee shall not be imposed unless authorized or	19184
otherwise permitted by the rules prescribed by an agreement	19185
governing the use and acceptance of the financial transaction	19186
device.	19187

If a surcharge or convenience fee is imposed, every county	19188
office accepting payment by a financial transaction device,	19189
regardless of whether that office is subject to a resolution	19190
adopted by a board of county commissioners, shall clearly post a	19191
notice in that office and shall notify each person making a	19192
payment by such a device about the surcharge or fee. Notice to	19193
each person making a payment shall be provided regardless of the	19194
medium used to make the payment and in a manner appropriate to	19195
that medium. Each notice shall include all of the following:	19196

(1) A statement that there is a surcharge or convenience fee	19197
for using a financial transaction device;	19198

(2) The total amount of the charge or fee expressed in	19199
dollars and cents for each transaction, or the rate of the charge	19200
or fee expressed as a percentage of the total amount of the	19201
transaction, whichever is applicable;	19202

(3) A clear statement that the surcharge or convenience fee	19203
is nonrefundable.	19204

(F) If a person elects to make a payment to the county by a	19205
financial transaction device and a surcharge or convenience fee is	19206
imposed, the payment of the surcharge or fee shall be considered	19207
voluntary and the surcharge or fee is not refundable.	19208

(G) If a person makes payment by financial transaction device	19209
and the payment is returned or dishonored for any reason, the	19210
person is liable to the county for payment of a penalty over and	19211
above the amount of the expense due. The board of county	19212
commissioners shall determine the amount of the penalty, which may	19213
be either a fee not to exceed twenty dollars or payment of the	19214
amount necessary to reimburse the county for banking charges,	19215
legal fees, or other expenses incurred by the county in collecting	19216
the returned or dishonored payment. The remedies and procedures	19217
provided in this section are in addition to any other available	19218
civil or criminal remedies provided by law.	19219

(H) No person making any payment by financial transaction	19220
device to a county office shall be relieved from liability for the	19221
underlying obligation except to the extent that the county	19222
realizes final payment of the underlying obligation in cash or its	19223
equivalent. If final payment is not made by the financial	19224
transaction device issuer or other guarantor of payment in the	19225
transaction, the underlying obligation shall survive and the	19226
county shall retain all remedies for enforcement that would have	19227
applied if the transaction had not occurred.	19228

(I) A county official or employee who accepts a financial	19229
transaction device payment in accordance with this section and any	19230
applicable state or local policies or rules is immune from	19231
personal liability for the final collection of such payments.	19232

Sec. 305.171. The following applies until the department of	19233
administrative services implements for counties the health care	19234
plans under section 9.901 of the Revised Code. If those plans do	19235
not include or address any benefits listed in division (A) of this	19236
section, the following provisions continue in effect for those	19237
benefits.	19238

(A) The board of county commissioners of any county may	19239
contract for, purchase, or otherwise procure and pay all or any	19240
part of the cost of group insurance policies that may provide	19241
benefits including, but not limited to, hospitalization, surgical	19242
care, major medical care, disability, dental care, eye care,	19243
medical care, hearing aids, or prescription drugs, and that may	19244
provide sickness and accident insurance, group legal services, or	19245
group life insurance, or a combination of any of the foregoing	19246
types of insurance or coverage, for county officers and employees	19247
and their immediate dependents from the funds or budgets from	19248
which the county officers or employees are compensated for	19249
services, issued by an insurance company.	19250

(B) The board of county commissioners also may negotiate and	19251
contract for any plan or plans of health care services with health	19252
insuring corporations holding a certificate of authority under	19253
Chapter 1751. of the Revised Code, provided that each county	19254
officer or employee shall be permitted to do both of the	19255
following:	19256

(1) Exercise an option between a plan offered by an insurance	19257
company and a plan or plans offered by health insuring	19258
corporations under this division, on the condition that the county	19259
officer or employee shall pay any amount by which the cost of the	19260
plan chosen by the county officer or employee pursuant to this	19261
division exceeds the cost of the plan offered under division (A)	19262
of this section;	19263

(2) Change from one of the plans to another at a time each	19264
year as determined by the board.	19265

(C) Section 307.86 of the Revised Code does not apply to the	19266
purchase of benefits for county officers or employees under	19267
divisions (A) and (B) of this section when those benefits are	19268
provided through a jointly administered health and welfare trust	19269
fund in which the county or contracting authority and a collective	19270
bargaining representative of the county employees or contracting	19271
authority agree to participate.	19272

(D) The board of trustees of a jointly administered trust	19273
fund that receives contributions pursuant to collective bargaining	19274
agreements entered into between the board of county commissioners	19275
of any county and a collective bargaining representative of the	19276
employees of the county may provide for self-insurance of all risk	19277
in the provision of fringe benefits, and may provide through the	19278
self-insurance method specific fringe benefits as authorized by	19279
the rules of the board of trustees of the jointly administered	19280
trust fund. The fringe benefits may include, but are not limited	19281
to, hospitalization, surgical care, major medical care,	19282
disability, dental care, vision care, medical care, hearing aids,	19283
prescription drugs, group life insurance, sickness and accident	19284
insurance, group legal services, or a combination of any of the	19285
foregoing types of insurance or coverage, for county employees and	19286
their dependents.	19287

(E) The board of county commissioners may provide the	19288
benefits described in divisions (A) to (D) of this section through	19289
an individual self-insurance program or a joint self-insurance	19290
program as provided in section 9.833 of the Revised Code.	19291

(F) When a board of county commissioners offers health	19292
benefits authorized under this section to a county officer or	19293
employee, the board may offer the benefits through a cafeteria	19294
plan meeting the requirements of section 125 of the "Internal	19295
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 125, as	19296
amended, and, as part of that plan, may offer the county officer	19297
or employee the option of receiving a cash payment in any form	19298
permissible under such cafeteria plans. A cash payment made to a	19299
county officer or employee under this division shall not exceed	19300
twenty-five per cent of the cost of premiums or payments that	19301
otherwise would be paid by the board for benefits for the county	19302
officer or employee under a policy or plan.	19303

(G) The board of county commissioners may establish a policy	19304
authorizing any county appointing authority to make a cash payment	19305
to any county officer or employee in lieu of providing a benefit	19306
authorized under this section if the county officer or employee	19307
elects to take the cash payment instead of the offered benefit. A	19308
cash payment made to a county officer or employee under this	19309
division shall not exceed twenty-five per cent of the cost of	19310
premiums or payments that otherwise would be paid by the board for	19311
benefits for the county officer or employee under an offered	19312
policy or plan.	19313

(H) No cash payment in lieu of a health benefit shall be made	19314
to a county officer or employee under division (F) or (G) of this	19315
section unless the county officer or employee signs a statement	19316
affirming that the county officer or employee is covered under	19317
another health insurance or health care policy, contract, or plan,	19318
and setting forth the name of the employer, if any, that sponsors	19319
the coverage, the name of the carrier that provides the coverage,	19320
and the identifying number of the policy, contract, or plan.	19321

(I) The legislative authority of a county-operated municipal	19322
court, after consultation with the judges, or the clerk and deputy	19323
clerks, of the municipal court, shall negotiate and contract for,	19324
purchase, or otherwise procure, and pay the costs, premiums, or	19325
charges for, group health care coverage for the judges, and group	19326
health care coverage for the clerk and deputy clerks, in	19327
accordance with section 1901.111 or 1901.312 of the Revised Code.	19328

(J) As used in this section:

19329

(1) "County officer or employee" includes, but is not limited	19330
to, a member or employee of the county board of elections.	19331

(2) "County-operated municipal court" and "legislative	19332
authority" have the same meanings as in section 1901.03 of the	19333
Revised Code.	19334

(3) "Health care coverage" has the same meaning as in section	19335
1901.111 of the Revised Code.	19336

Sec. 305.23. (A) As used in this section:

19337

(1) "County office" means the offices of the county	19338
commissioner, county auditor, county treasurer, county engineer,	19339
county recorder, county prosecuting attorney, county sheriff,	19340
county coroner, county park district, veterans service commission,	19341
clerk of the juvenile court, clerks of court for all divisions of	19342
the courts of common pleas, including the clerk of the court of	19343
common pleas, clerk of a county-operated municipal court, and	19344
clerk of a county court, and any agency, department, or division	19345
under the authority of, or receiving funding in whole or in part	19346
from, any of those county offices.	19347

(2) "Human resources" means any and all functions relating to	19348
human resource management, including civil service, employee	19349
benefits administration, collective bargaining, labor relations,	19350
risk management, workers' compensation, unemployment compensation,	19351
and any human resource management function required by state or	19352
federal law, but "human resources" does not authorize a board of	19353
county commissioners to adopt a resolution establishing a	19354
centralized human resource service that requires any county office	19355
to conform to any classification and compensation plan, position	19356
descriptions, or organizational structure; to determine the rate	19357
of compensation of any employee appointed by the appointing	19358
authority of a county office or the salary ranges for positions of	19359
a county office within the aggregate limits set in the	19360
appropriation resolution of the board of county commissioners; to	19361
determine the number of or the terms of employment of any employee	19362
appointed by the appointing authority of a county office within	19363
the aggregate limits set in the board's appropriation resolution;	19364
or to exercise powers relating to the hiring, qualifications,	19365
evaluation, suspension, demotion, disciplinary action, layoff,	19366
furloughing, establishment of a modified work-week schedule, or	19367
the termination of any employee appointed by the appointing	19368
authority of any county office.	19369

(B) Subject to division (C) of this section, a board of	19370
county commissioners may adopt a resolution establishing	19371
centralized purchasing, printing, transportation, vehicle	19372
maintenance, human resources, revenue collection, and mail	19373
operation services for a county office. Before adopting a	19374
resolution under this section, the board of county commissioners,	19375
in a written notice, shall inform any other county office that	19376
will be impacted by the resolution of the board's desire to	19377
establish a centralized service or services. The written notice	19378
shall include a statement that provides the rationale and the	19379
estimated savings anticipated for centralizing a service or	19380
services. In addition, the board may request any other county	19381
office to serve as the agent and responsible party for	19382
administering a centralized service or services. That county	19383
office may enter into an agreement with the board of county	19384
commissioners to administer the centralized service or services	19385
under such terms and conditions as are included in the agreement,	19386
but nothing in this section authorizes the board of county	19387
commissioners to require a county office to serve as the agent and	19388
responsible party for administering a centralized service or	19389
services at the board's request.	19390

A resolution establishing a centralized service or services	19391
shall specify all of the following:	19392

(1) The name of the county office that will be the agent and	19393
responsible party for administering a centralized service or	19394
services, and if the agent and responsible party is not the board	19395
of county commissioners, the designation of the county office that	19396
has entered into an agreement under division (B) of this section	19397
with the board to be the agent and responsible party;	19398

(2) Which county offices are required to use the centralized	19399
services;	19400

(3) If not all of the centralized services, which centralized	19401
service each county office must use;	19402

(4) A list of rates and charges the county office shall pay	19403
for the centralized services;	19404

(5) The date upon which each county office specified in the	19405
resolution shall begin using the centralized services.	19406

Not later than ten days after a resolution is adopted under	19407
this section, the clerk of the board of county commissioners shall	19408
send a copy of the resolution to each county office that is	19409
specified in the resolution.	19410

(C) A board of county commissioners shall not adopt a	19411
resolution that establishes a centralized service or services	19412
regarding any of the following:	19413

(1) Purchases made with moneys from the special fund	19414
designated as "general fund moneys to supplement the equipment	19415
needs of the county recorder" under section 317.321 of the Revised	19416
Code, from the real estate assessment fund established under	19417
section 325.31 of the Revised Code, or from the funds that are	19418
paid out of the general fund of the county under sections 325.071	19419
and 325.12 of the Revised Code;	19420

(2) Purchases of financial software used by the county	19421
auditor;	19422

(3) The printing of county property tax bills;

19423

(4) The collection of any taxes, assessments, and fees the	19424
county treasurer is required by law to collect;	19425

(5) Purchases of computers, software, and micrographic	19426
equipment used by the county recorder.	19427

(D) Nothing in this section authorizes the board of county	19428
commissioners to have control or authority over funds that are	19429
received directly by a county office under another section of the	19430
Revised Code, or to control, or have authority regarding, the	19431
expenditure or use of such funds.	19432

Sec. 306.322. (A) For any regional transit authority that	19433
levies a property tax and that includes in its membership	19434
political subdivisions that are located in a county having a	19435
population of at least four hundred thousand according to the most	19436
recent federal census, the procedures of this section apply until	19437
November 5, 2013, and are in addition to and an alternative to	19438
those established in sections 306.32 and 306.321 for joining to	19439
the regional transit authority additional counties, municipal	19440
corporations, or townships.	19441

(B) Any municipal corporation or township may adopt a	19442
resolution or ordinance proposing to join a regional transit	19443
authority described in division (A) of this section. In its	19444
resolution or ordinance, the political subdivision may propose	19445
joining the regional transit authority for a limited period of	19446
three years or without a time limit.	19447

(C) The political subdivision proposing to join the regional	19448
transit authority shall submit a copy of its resolution or	19449
ordinance to the legislative authority of each municipal	19450
corporation and the board of trustees of each township comprising	19451
the regional transit authority. Within thirty days of receiving	19452
the resolution or ordinance for inclusion in the regional transit	19453
authority, the legislative authority of each municipal corporation	19454
and the board of trustees of each township shall consider the	19455
question of whether to include the additional subdivision in the	19456
regional transit authority, shall adopt a resolution or ordinance	19457
approving or rejecting the inclusion of the additional	19458
subdivision, and shall present its resolution or ordinance to the	19459
board of trustees of the regional transit authority.	19460

(D) If a majority of the political subdivisions comprising	19461
the regional transit authority approve the inclusion of the	19462
additional political subdivision, the board of trustees of the	19463
regional transit authority, not later than the tenth day following	19464
the day on which the last ordinance or resolution is presented,	19465
shall notify the subdivision proposing to join the regional	19466
transit authority that it may certify the proposal to the board of	19467
elections for the purpose of having the proposal placed on the	19468
ballot at the next general election or at a special election	19469
conducted on the day of the next primary election that occurs not	19470
less than ninety days after the resolution or ordinance is	19471
certified to the board of elections.	19472

(E) Upon certification of a proposal to the board of	19473
elections pursuant to this section, the board of elections shall	19474
make the necessary arrangements for the submission of the question	19475
to the electors of the territory to be included in the regional	19476
transit authority qualified to vote on the question, and the	19477
election shall be held, canvassed, and certified in the same	19478
manner as regular elections for the election of officers of the	19479
subdivision proposing to join the regional transit authority,	19480
except that, if the resolution proposed the inclusion without a	19481
time limitation the question appearing on the ballot shall read:	19482

"Shall the territory within the .........................	19483
(Name or names of political subdivisions to be joined) be added to	19484
......................... ......... (Name) regional transit	19485
authority?" and shall a(n) .......... (here insert type of tax or	19486
taxes) at a rate of taxation not to exceed ..... (here insert	19487
maximum tax rate or rates) be levied for all transit purposes?"	19488

If the resolution proposed the inclusion with a three-year	19489
time limitation, the question appearing on the ballot shall read:	19490

"Shall the territory within the .........................	19491
(Name or names of political subdivisions to be joined) be added to	19492
......................... ......... (Name) regional transit	19493
authority?" for three years and shall a(n) .......... (here insert	19494
type of tax or taxes) at a rate of taxation not to exceed .....	19495
(here insert maximum tax rate or rates) be levied for all transit	19496
purposes for three years?"	19497

(F) If the question is approved by at least a majority of the	19498
electors voting on the question, the addition of the new territory	19499
is effective six months from the date of the certification of its	19500
passage, and the regional transit authority may extend the levy of	19501
the tax against all the taxable property within the territory that	19502
was added. If the question is approved at a general election or at	19503
a special election occurring prior to the general election but	19504
after the fifteenth day of July, the regional transit authority	19505
may amend its budget and resolution adopted pursuant to section	19506
5705.34 of the Revised Code, and the levy shall be placed on the	19507
current tax list and duplicate and collected as other taxes are	19508
collected from all taxable property within the territorial	19509
boundaries of the regional transit authority, including the	19510
territory within the political subdivision added as a result of	19511
the election. If the budget of the regional transit authority is	19512
amended pursuant to this paragraph, the county auditor shall	19513
prepare and deliver an amended certificate of estimated resources	19514
to reflect the change in anticipated revenues of the regional	19515
transit authority.	19516

(G) If the question is approved by at least a majority of the	19517
electors voting on the question, the board of trustees of the	19518
regional transit authority immediately shall amend the resolution	19519
or ordinance creating the regional transit authority to include	19520
the additional political subdivision.	19521

(H) If the question approved by a majority of the electors	19522
voting on the question added the subdivision for three years, the	19523
territory of the additional municipal corporation or township in	19524
the regional transit authority shall be removed from the territory	19525
of the regional transit authority three years after the date the	19526
territory was added, as determined in the effective date of the	19527
election, and shall no longer be a part of that authority without	19528
any further action by either the political subdivisions that were	19529
included in the authority prior to submitting the question to the	19530
electors or of the political subdivision added to the authority as	19531
a result of the election. The regional transit authority reduced	19532
to its territory as it existed prior to the inclusion of the	19533
additional municipal corporation or township shall be entitled to	19534
levy and collect any property taxes that it was authorized to levy	19535
and collect prior to the enlargement of its territory and for	19536
which authorization has not expired, as if the enlargement had not	19537
occurred.	19538

Sec. 306.35. Upon the creation of a regional transit	19539
authority as provided by section 306.32 of the Revised Code, and	19540
upon the qualifying of its board of trustees and the election of a	19541
president and a vice-president, the authority shall exercise in	19542
its own name all the rights, powers, and duties vested in and	19543
conferred upon it by sections 306.30 to 306.53 of the Revised	19544
Code. Subject to any reservations, limitations, and qualifications	19545
that are set forth in those sections, the regional transit	19546
authority:	19547

(A) May sue or be sued in its corporate name;

19548

(B) May make contracts in the exercise of the rights, powers,	19549
and duties conferred upon it;	19550

(C) May adopt and at will alter a seal and use such seal by	19551
causing it to be impressed, affixed, reproduced, or otherwise	19552
used, but failure to affix the seal shall not affect the validity	19553
of any instrument;	19554

(D)(1) May adopt, amend, and repeal bylaws for the	19555
administration of its affairs and rules for the control of the	19556
administration and operation of transit facilities under its	19557
jurisdiction, and for the exercise of all of its rights of	19558
ownership in those transit facilities;	19559

(2) The regional transit authority also may adopt bylaws and	19560
rules for the following purposes:	19561

(a) To prohibit selling, giving away, or using any beer or	19562
intoxicating liquor on transit vehicles or transit property;	19563

(b) For the preservation of good order within or on transit	19564
vehicles or transit property;	19565

(c) To provide for the protection and preservation of all	19566
property and life within or on transit vehicles or transit	19567
property;	19568

(d) To regulate and enforce the collection of fares.

19569

(3) Before a bylaw or rule adopted under division (D)(2) of	19570
this section takes effect, the regional transit authority shall	19571
provide for a notice of its adoption to be published once a week	19572
for two consecutive weeks in a newspaper of general circulation	19573
within the territorial boundaries of the regional transit	19574
authority, or as provided in section 7.16 of the Revised Code.	19575

(4) No person shall violate any bylaw or rule of a regional	19576
transit authority adopted under division (D)(2) of this section.	19577

(E) May fix, alter, and collect fares, rates, and rentals and	19578
other charges for the use of transit facilities under its	19579
jurisdiction to be determined exclusively by it for the purpose of	19580
providing for the payment of the expenses of the regional transit	19581
authority, the acquisition, construction, improvement, extension,	19582
repair, maintenance, and operation of transit facilities under its	19583
jurisdiction, the payment of principal and interest on its	19584
obligations, and to fulfill the terms of any agreements made with	19585
purchasers or holders of any such obligations, or with any person	19586
or political subdivision;	19587

(F) Shall have jurisdiction, control, possession, and	19588
supervision of all property, rights, easements, licenses, moneys,	19589
contracts, accounts, liens, books, records, maps, or other	19590
property rights and interests conveyed, delivered, transferred, or	19591
assigned to it;	19592

(G) May acquire, construct, improve, extend, repair, lease,	19593
operate, maintain, or manage transit facilities within or without	19594
its territorial boundaries, considered necessary to accomplish the	19595
purposes of its organization and make charges for the use of	19596
transit facilities;	19597

(H) May levy and collect taxes as provided in sections 306.40	19598
and 306.49 of the Revised Code;	19599

(I) May issue bonds secured by its general credit as provided	19600
in section 306.40 of the Revised Code;	19601

(J) May hold, encumber, control, acquire by donation, by	19602
purchase for cash or by installment payments, by lease-purchase	19603
agreement, by lease with option to purchase, or by condemnation,	19604
and may construct, own, lease as lessee or lessor, use, and sell,	19605
real and personal property, or any interest or right in real and	19606
personal property, within or without its territorial boundaries,	19607
for the location or protection of transit facilities and	19608
improvements and access to transit facilities and improvements,	19609
the relocation of buildings, structures, and improvements situated	19610
on lands acquired by the regional transit authority, or for any	19611
other necessary purpose, or for obtaining or storing materials to	19612
be used in constructing, maintaining, and improving transit	19613
facilities under its jurisdiction;	19614

(K) May exercise the power of eminent domain to acquire	19615
property or any interest in property, within or without its	19616
territorial boundaries, that is necessary or proper for the	19617
construction or efficient operation of any transit facility or	19618
access to any transit facility under its jurisdiction in	19619
accordance with section 306.36 of the Revised Code;	19620

(L) May provide by agreement with any county, including the	19621
counties within its territorial boundaries, or any municipal	19622
corporation or any combination of counties or municipal	19623
corporations for the making of necessary surveys, appraisals, and	19624
examinations preliminary to the acquisition or construction of any	19625
transit facility and the amount of the expense for the surveys,	19626
appraisals, and examinations to be paid by each such county or	19627
municipal corporation;	19628

(M) May provide by agreement with any county, including the	19629
counties within its territorial boundaries, or any municipal	19630
corporation or any combination of those counties or municipal	19631
corporations for the acquisition, construction, improvement,	19632
extension, maintenance, or operation of any transit facility owned	19633
or to be owned and operated by it or owned or to be owned and	19634
operated by any such county or municipal corporation and the terms	19635
on which it shall be acquired, leased, constructed, maintained, or	19636
operated, and the amount of the cost and expense of the	19637
acquisition, lease, construction, maintenance, or operation to be	19638
paid by each such county or municipal corporation;	19639

(N) May issue revenue bonds for the purpose of acquiring,	19640
replacing, improving, extending, enlarging, or constructing any	19641
facility or permanent improvement that it is authorized to	19642
acquire, replace, improve, extend, enlarge, or construct,	19643
including all costs in connection with and incidental to the	19644
acquisition, replacement, improvement, extension, enlargement, or	19645
construction, and their financing, as provided by section 306.37	19646
of the Revised Code;	19647

(O) May enter into and supervise franchise agreements for the	19648
operation of a transit system;	19649

(P) May accept the assignment of and supervise an existing	19650
franchise agreement for the operation of a transit system;	19651

(Q) May exercise a right to purchase a transit system in	19652
accordance with the acquisition terms of an existing franchise	19653
agreement; and in connection with the purchase the regional	19654
transit authority may issue revenue bonds as provided by section	19655
306.37 of the Revised Code or issue bonds secured by its general	19656
credit as provided in section 306.40 of the Revised Code;	19657

(R) May apply for and accept grants or loans from the United	19658
States, the state, or any other public body for the purpose of	19659
providing for the development or improvement of transit	19660
facilities, mass transportation facilities, equipment, techniques,	19661
methods, or services, and grants or loans needed to exercise a	19662
right to purchase a transit system pursuant to agreement with the	19663
owner of those transit facilities, or for providing lawful	19664
financial assistance to existing transit systems; and may provide	19665
any consideration that may be required in order to obtain those	19666
grants or loans from the United States, the state, or other public	19667
body, either of which grants or loans may be evidenced by the	19668
issuance of revenue bonds as provided by section 306.37 of the	19669
Revised Code or general obligation bonds as provided by section	19670
306.40 of the Revised Code;	19671

(S) May employ and fix the compensation of consulting	19672
engineers, superintendents, managers, and such other engineering,	19673
construction, accounting and financial experts, attorneys, and	19674
other employees and agents necessary for the accomplishment of its	19675
purposes;	19676

(T) May procure insurance against loss to it by reason of	19677
damages to its properties resulting from fire, theft, accident, or	19678
other casualties or by reason of its liability for any damages to	19679
persons or property occurring in the construction or operation of	19680
transit facilities under its jurisdiction or the conduct of its	19681
activities;	19682

(U) May maintain funds that it considers necessary for the	19683
efficient performance of its duties;	19684

(V) May direct its agents or employees, when properly	19685
identified in writing, after at least five days' written notice,	19686
to enter upon lands within or without its territorial boundaries	19687
in order to make surveys and examinations preliminary to the	19688
location and construction of transit facilities, without liability	19689
to it or its agents or employees except for actual damage done;	19690

(W) On its own motion, may request the appropriate zoning	19691
board, as defined in section 4563.03 of the Revised Code, to	19692
establish and enforce zoning regulations pertaining to any transit	19693
facility under its jurisdiction in the manner prescribed by	19694
sections 4563.01 to 4563.21 of the Revised Code;	19695

(X) If it acquires any existing transit system, shall assume	19696
all the employer's obligations under any existing labor contract	19697
between the employees and management of the system. If the board	19698
acquires, constructs, controls, or operates any such facilities,	19699
it shall negotiate arrangements to protect the interests of	19700
employees affected by the acquisition, construction, control, or	19701
operation. The arrangements shall include, but are not limited to:	19702

(1) The preservation of rights, privileges, and benefits	19703
under existing collective bargaining agreements or otherwise, the	19704
preservation of rights and benefits under any existing pension	19705
plans covering prior service, and continued participation in	19706
social security in addition to participation in the public	19707
employees retirement system as required in Chapter 145. of the	19708
Revised Code;	19709

(2) The continuation of collective bargaining rights;

19710

(3) The protection of individual employees against a	19711
worsening of their positions with respect to their employment;	19712

(4) Assurances of employment to employees of those transit	19713
systems and priority reemployment of employees terminated or laid	19714
off;	19715

(5) Paid training or retraining programs;

19716

(6) Signed written labor agreements.

19717

The arrangements may include provisions for the submission of	19718
labor disputes to final and binding arbitration.	19719

(Y) May provide for and maintain security operations,	19720
including a transit police department, subject to section 306.352	19721
of the Revised Code. Regional transit authority police officers	19722
shall have the power and duty to act as peace officers within	19723
transit facilities owned, operated, or leased by the transit	19724
authority to protect the transit authority's property and the	19725
person and property of passengers, to preserve the peace, and to	19726
enforce all laws of the state and ordinances and regulations of	19727
political subdivisions in which the transit authority operates.	19728
Regional transit authority police officers also shall have the	19729
power and duty to act as peace officers when they render emergency	19730
assistance outside their jurisdiction to any other peace officer	19731
who is not a regional transit authority police officer and who has	19732
arrest authority under section 2935.03 of the Revised Code.	19733
Regional transit authority police officers may render emergency	19734
assistance if there is a threat of imminent physical danger to the	19735
peace officer, a threat of physical harm to another person, or any	19736
other serious emergency situation and if either the peace officer	19737
who is assisted requests emergency assistance or it appears that	19738
the peace officer who is assisted is unable to request emergency	19739
assistance and the circumstances observed by the regional transit	19740
authority police officer reasonably indicate that emergency	19741
assistance is appropriate.	19742

Before exercising powers of arrest and the other powers and	19743
duties of a peace officer, each regional transit authority police	19744
officer shall take an oath and give bond to the state in a sum	19745
that the board of trustees prescribes for the proper performance	19746
of the officer's duties.	19747

Persons employed as regional transit authority police	19748
officers shall complete training for the position to which they	19749
have been appointed as required by the Ohio peace officer training	19750
commission as authorized in section 109.77 of the Revised Code, or	19751
be otherwise qualified. The cost of the training shall be provided	19752
by the regional transit authority.	19753

(Z) May procure a policy or policies insuring members of its	19754
board of trustees against liability on account of damages or	19755
injury to persons and property resulting from any act or omission	19756
of a member in the member's official capacity as a member of the	19757
board or resulting solely out of the member's membership on the	19758
board;	19759

(AA) May enter into any agreement for the sale and leaseback	19760
or lease and leaseback of transit facilities, which agreement may	19761
contain all necessary covenants for the security and protection of	19762
any lessor or the regional transit authority including, but not	19763
limited to, indemnification of the lessor against the loss of	19764
anticipated tax benefits arising from acts, omissions, or	19765
misrepresentations of the regional transit authority. In	19766
connection with that transaction, the regional transit authority	19767
may contract for insurance and letters of credit and pay any	19768
premiums or other charges for the insurance and letters of credit.	19769
The fiscal officer shall not be required to furnish any	19770
certificate under section 5705.41 of the Revised Code in	19771
connection with the execution of any such agreement.	19772

(BB) In regard to any contract entered into on or after March	19773
19, 1993, for the rendering of services or the supplying of	19774
materials or for the construction, demolition, alteration, repair,	19775
or reconstruction of transit facilities in which a bond is	19776
required for the faithful performance of the contract, may permit	19777
the person awarded the contract to utilize a letter of credit	19778
issued by a bank or other financial institution in lieu of the	19779
bond;	19780

(CC) May enter into agreements with municipal corporations	19781
located within the territorial jurisdiction of the regional	19782
transit authority permitting regional transit authority police	19783
officers employed under division (Y) of this section to exercise	19784
full arrest powers, as provided in section 2935.03 of the Revised	19785
Code, for the purpose of preserving the peace and enforcing all	19786
laws of the state and ordinances and regulations of the municipal	19787
corporation within the areas that may be agreed to by the regional	19788
transit authority and the municipal corporation.	19789

Sec. 306.43. (A) The board of trustees of a regional transit	19790
authority or any officer or employee designated by such board may	19791
make any contract for the purchase of goods or services, the cost	19792
of which does not exceed one hundred thousand dollars. When an	19793
expenditure, other than for the acquisition of real estate, the	19794
discharge of claims, or the acquisition of goods or services under	19795
the circumstances described in division (H) of this section, is	19796
expected to exceed one hundred thousand dollars, such expenditure	19797
shall be made through full and open competition by the use of	19798
competitive procedures. The regional transit authority shall use	19799
the competitive procedure, as set forth in divisions (B), (C),	19800
(D), and (E) of this section, that is most appropriate under the	19801
circumstances of the procurement.	19802

(B) Competitive sealed bidding is the preferred method of	19803
procurement and a regional transit authority shall use that method	19804
if all of the following conditions exist:	19805

(1) A clear, complete and adequate description of the goods,	19806
services, or work is available;	19807

(2) Time permits the solicitation, submission, and evaluation	19808
of sealed bids;	19809

(3) The award will be made on the basis of price and other	19810
price-related factors;	19811

(4) It is not necessary to conduct discussions with	19812
responding offerors about their bids;	19813

(5) There is a reasonable expectation of receiving more than	19814
one sealed bid.	19815

A regional transit authority shall publish a notice calling	19816
for bids once a week for no less than two consecutive weeks in at	19817
~~least one~~a newspaper of general circulation within the	19818
territorial boundaries of the regional transit authority, or as	19819
provided in section 7.16 of the Revised Code. A regional transit	19820
authority may require that a bidder for any contract other than a	19821
construction contract provide a bid guaranty in the form, quality,	19822
and amount considered appropriate by the regional transit	19823
authority. The board may let the contract to the lowest responsive	19824
and responsible bidder. Where fewer than two responsive bids are	19825
received, a regional transit authority may negotiate price with	19826
the sole responsive bidder or may rescind the solicitation and	19827
procure under division (H)(2) of this section.	19828

(C) A regional transit authority may use two-step competitive	19829
bidding, consisting of a technical proposal and a separate,	19830
subsequent sealed price bid from those submitting acceptable	19831
technical proposals, if both of the following conditions exist:	19832

(1) A clear, complete, and adequate description of the goods,	19833
services, or work is not available, but definite criteria exist	19834
for the evaluation of technical proposals;	19835

(2) It is necessary to conduct discussions with responding	19836
offerors.	19837

A regional transit authority shall publish a notice calling	19838
for technical proposals once a week for no less than two	19839
consecutive weeks in ~~at least one~~a newspaper of general	19840
circulation within the territorial boundaries of the regional	19841
transit authority, or as provided in section 7.16 of the Revised	19842
Code. A regional transit authority may require a bid guaranty in	19843
the form, quality, and amount the regional transit authority	19844
considers appropriate. The board may let the contract to the	19845
lowest responsive and responsible bidder. Where fewer than two	19846
responsive and responsible bids are received, a regional transit	19847
authority may negotiate price with the sole responsive and	19848
responsible bidder or may rescind the solicitation and procure	19849
under division (H)(2) of this section.	19850

(D) A regional transit authority shall make a procurement by	19851
competitive proposals if competitive sealed bidding or two-step	19852
competitive bidding is not appropriate.	19853

A regional transit authority shall publish a notice calling	19854
for proposals once a week for no less than two consecutive weeks	19855
in ~~at least one~~a newspaper of general circulation within the	19856
territorial boundaries of the regional transit authority, or as	19857
provided in section 7.16 of the Revised Code. A regional transit	19858
authority may require a proposal guaranty in the form, quality,	19859
and amount considered appropriate by the regional transit	19860
authority. The board may let the contract to the proposer making	19861
the offer considered most advantageous to the authority. Where	19862
fewer than two competent proposals are received, a regional	19863
transit authority may negotiate price and terms with the sole	19864
proposer or may rescind the solicitation and procure under	19865
division (H)(2) of this section.	19866

(E)(1) A regional transit authority shall procure the	19867
services of an architect or engineer in the manner prescribed by	19868
the "Federal Mass Transportation Act of 1987," Public Law No.	19869
100-17, section 316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 1608	19870
and the services of a construction manager in the manner	19871
prescribed by sections 9.33 to 9.332 of the Revised Code.	19872

(2) A regional transit authority may procure revenue rolling	19873
stock in the manner prescribed by division (B), (C), or (D) of	19874
this section.	19875

(3) All contracts for construction in excess of one hundred	19876
thousand dollars shall be made only after the regional transit	19877
authority has published a notice calling for bids once a week for	19878
two consecutive weeks in ~~at least one~~a newspaper of general	19879
circulation within the territorial boundaries of the regional	19880
transit authority, or as provided in section 7.16 of the Revised	19881
Code. The board may award a contract to the lowest responsive and	19882
responsible bidder. Where only one responsive and responsible bid	19883
is received, the regional transit authority may negotiate price	19884
with the sole responsive bidder or may rescind the solicitation.	19885
The regional transit authority shall award construction contracts	19886
in accordance with sections 153.12 to 153.14 and 153.54 of the	19887
Revised Code. Divisions (B) and (C) of this section shall not	19888
apply to the award of contracts for construction.	19889

(F) All contracts involving expenditures in excess of one	19890
hundred thousand dollars shall be in writing and shall be	19891
accompanied by or shall refer to plans and specifications for the	19892
work to be done. The plans and specifications shall at all times	19893
be made and considered part of the contract. For all contracts	19894
other than construction contracts, a regional transit authority	19895
may require performance, payment, or maintenance guaranties or any	19896
combination of such guaranties in the form, quality, and amount it	19897
considers appropriate. The contract shall be approved by the board	19898
and signed on behalf of the regional transit authority and by the	19899
contractor.	19900

(G) In making a contract, a regional transit authority may	19901
give preference to goods produced in the United States in	19902
accordance with the Buy America requirements in the "Surface	19903
Transportation Assistance Act of 1982," Public Law No. 97-424,	19904
section 165, 96 Stat. 2097, 23 U.S.C.A. 101 note, as amended, and	19905
the rules adopted thereunder. The regional transit authority also	19906
may give preference to providers of goods produced in and services	19907
provided in labor surplus areas as defined by the United States	19908
department of labor in 41 U.S.C.A. 401 note, Executive Order No.	19909
12073, August 16, 1978, 43 Fed. Reg. 36873, as amended.	19910

(H) Competitive procedures under this section are not	19911
required in any of the following circumstances:	19912

(1) The board of trustees of a regional transit authority, by	19913
a two-thirds affirmative vote of its members, determines that a	19914
real and present emergency exists under any of the following	19915
conditions, and the board enters its determination and the reasons	19916
for it in its proceedings:	19917

(a) Affecting safety, welfare, or the ability to deliver	19918
transportation services;	19919

(b) Arising out of an interruption of contracts essential to	19920
the provision of daily transit services;	19921

(c) Involving actual physical damage to structures, supplies,	19922
equipment, or property.	19923

(2) The purchase consists of goods or services, or any	19924
combination thereof, and after reasonable inquiry the board or any	19925
officer or employee the board designates finds that only one	19926
source of supply is reasonably available.	19927

(3) The expenditure is for a renewal or renegotiation of a	19928
lease or license for telecommunications or electronic data	19929
processing equipment, services, or systems, or for the upgrade of	19930
such equipment, services, or systems, or for the maintenance	19931
thereof as supplied by the original source or its successors or	19932
assigns.	19933

(4) The purchase of goods or services is made from another	19934
political subdivision, public agency, public transit system,	19935
regional transit authority, the state, or the federal government,	19936
or as a third-party beneficiary under a state or federal	19937
procurement contract, or as a participant in a department of	19938
administrative services contract under division (B) of section	19939
125.04 of the Revised Code.	19940

(5) The sale and leaseback or lease and leaseback of transit	19941
facilities is made as provided in division (AA) of section 306.35	19942
of the Revised Code.	19943

(6) The purchase substantially involves services of a	19944
personal, professional, highly technical, or scientific nature,	19945
including but not limited to the services of an attorney,	19946
physician, surveyor, appraiser, investigator, court reporter,	19947
adjuster, advertising consultant, or licensed broker, or involves	19948
the special skills or proprietary knowledge required for the	19949
servicing of specialized equipment owned by the regional transit	19950
authority.	19951

(7) Services or supplies are available from a qualified	19952
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	19953
Revised Code.	19954

(8) The purchase consists of the product or services of a	19955
public utility.	19956

(9) The purchase is for the services of individuals with	19957
disabilities to work in the authority's commissaries or	19958
cafeterias, and those individuals are supplied by a nonprofit	19959
corporation or association whose purpose is to assist individuals	19960
with disabilities, whether or not that corporation or association	19961
is funded entirely or in part by the federal government, or the	19962
purchase is for services provided by a nonprofit corporation or	19963
association whose purpose is to assist individuals with	19964
disabilities, whether or not that corporation or association is	19965
funded entirely or in part by the federal government. For purposes	19966
of division (H)(9) of this section, "disability" has the same	19967
meaning as in section 4112.01 of the Revised Code.	19968

(I) A regional transit authority may enter into blanket	19969
purchase agreements for purchases of maintenance, operating, or	19970
repair goods or services where the item cost does not exceed five	19971
hundred dollars and the annual expenditure does not exceed one	19972
hundred thousand dollars.	19973

(J) Nothing contained in this section prohibits a regional	19974
transit authority from participating in intergovernmental	19975
cooperative purchasing arrangements.	19976

(K) Except as otherwise provided in this chapter, a regional	19977
transit authority shall make a sale or other disposition of	19978
property through full and open competition. Except as provided in	19979
division (L) of this section, all dispositions of personal	19980
property and all grants of real property for terms exceeding five	19981
years shall be made by public auction or competitive procedure.	19982

(L) The competitive procedures required by division (K) of	19983
this section are not required in any of the following	19984
circumstances:	19985

(1) The grant is a component of a joint development between	19986
public and private entities and is intended to enhance or benefit	19987
public transit.	19988

(2) The grant of a limited use or of a license affecting land	19989
is made to an owner of abutting real property.	19990

(3) The grant of a limited use is made to a public utility.

19991

(4) The grant or disposition is to a department of the	19992
federal or state government, to a political subdivision of the	19993
state, or to any other governmental entity.	19994

(5) Used equipment is traded on the purchase of equipment and	19995
the value of the used equipment is a price-related factor in the	19996
basis for award for the purchase.	19997

(6) The value of the personal property is such that	19998
competitive procedures are not appropriate and the property either	19999
is sold at its fair market value or is disposed of by gift to a	20000
nonprofit entity having the general welfare or education of the	20001
public as one of its principal objects.	20002

(M) The board of trustees of a regional transit authority,	20003
when making a contract funded exclusively by state or local moneys	20004
or any combination thereof, shall make a good faith effort to use	20005
disadvantaged business enterprise participation to the same extent	20006
required under Section 105(f) of the "Surface Transportation	20007
Assistance Act of 1982," Public Law No. 97-424, 96 Stat. 2100, and	20008
Section 106(c) of the "Surface Transportation and Uniform	20009
Relocation Assistance Act of 1987," Public Law No. 100-17, 101	20010
Stat. 145, and the rules adopted thereunder.	20011

(N) As used in this section:

20012

(1) "Goods" means all things, including specially	20013
manufactured goods, that are movable at the time of identification	20014
to the contract for sale other than the money in which the price	20015
is to be paid, investment securities, and things in action.	20016
"Goods" also includes other identified things attached to realty	20017
as described in section 1302.03 of the Revised Code.	20018

(2) "Services" means the furnishing of labor, time, or effort	20019
by a contractor, not involving the delivery of goods or reports	20020
other than goods or reports that are merely incidental to the	20021
required performance, including but not limited to insurance,	20022
bonding, or routine operation, routine repair, or routine	20023
maintenance of existing structures, buildings, real property, or	20024
equipment, but does not include employment agreements, collective	20025
bargaining agreements, or personal services.	20026

(3) "Construction" means the process of building, altering,	20027
repairing, improving, painting, decorating, or demolishing any	20028
structure or building, or other improvements of any kind to any	20029
real property owned or leased by a regional transit authority.	20030

(4) "Full and open competition" has the same meaning as in	20031
the "Office of Federal Procurement Policy Act," Public Law No.	20032
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403.	20033

(5) A bidder is "responsive" if, applying the criteria of	20034
division (A) of section 9.312 of the Revised Code, the bidder is	20035
"responsive" as described in that section.	20036

(6) A bidder is "responsible" if, applying the criteria of	20037
division ~~(A)~~(B) of section 9.312 of the Revised Code and of the	20038
"Office of Federal Procurement Policy Act," Public Law No. 98-369,	20039
section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the bidder is	20040
"responsible" as described in those sections.	20041

Sec. 306.55. Beginning July 1, 2011 and until November 5,	20042
2013, any municipal corporation or township that has created or	20043
joined a regional transit authority that levies a property tax and	20044
that includes in its membership political subdivisions that are	20045
located in a county having a population of at least four hundred	20046
thousand according to the most recent federal census, may withdraw	20047
from the regional transit authority in the manner provided in this	20048
section. The legislative authority of the municipal corporation or	20049
board of township trustees of the township proposing to withdraw	20050
shall adopt a resolution to submit the question of withdrawing	20051
from the regional transit authority to the electors of the	20052
territory to be withdrawn and shall certify the proposal to the	20053
board of elections for the purpose of having the proposal placed	20054
on the ballot at the next general election or at a special	20055
election conducted on the day of the next primary election that	20056
occurs not less than ninety days after the resolution is certified	20057
to the board of elections.	20058

Upon certification of a proposal to the board of elections	20059
pursuant to this section, the board of elections shall make the	20060
necessary arrangements for the submission of the question to the	20061
electors of the territory to be withdrawn from the regional	20062
transit authority qualified to vote on the question, and the	20063
election shall be held, canvassed, and certified in the same	20064
manner as regular elections for the election of officers of the	20065
subdivision proposing to withdraw from the regional transit	20066
authority, except that the question appearing on the ballot shall	20067
read:	20068

"Shall the territory within the .........................	20069
(Name of political subdivision to be withdrawn) be withdrawn from	20070
......................... ......... (Name) regional transit	20071
authority?"	20072

If the question is approved by at least a majority of the	20073
electors voting on the question, the withdrawal is effective six	20074
months from the date of the certification of its passage.	20075

The board of elections to which the resolution was certified	20076
shall certify the results of the election to the board or	20077
legislative authority of the subdivision that submitted the	20078
resolution to withdraw and to the board of trustees of the	20079
regional transit authority from which the subdivision proposed to	20080
withdraw.	20081

If the question of withdrawing from the regional transit	20082
authority is approved, the power of the regional transit authority	20083
to levy a tax on taxable property in the withdrawing subdivision	20084
terminates.	20085

Sec. 306.551. Any municipal corporation or township that	20086
withdraws from a regional transit authority under section 306.55	20087
of the Revised Code may enter into a contract with a regional	20088
transit authority or other provider of transit services to provide	20089
transportation service for handicapped, disabled, or elderly	20090
persons and for any other service the legislative authority of the	20091
municipal corporation or township may determine to be appropriate.	20092

Sec. 306.70. A tax proposed to be levied by a board of	20093
county commissioners or by the board of trustees of a regional	20094
transit authority pursuant to sections 5739.023 and 5741.022 of	20095
the Revised Code shall not become effective until it is submitted	20096
to the electors residing within the county or within the	20097
territorial boundaries of the regional transit authority and	20098
approved by a majority of the electors voting on it. Such question	20099
shall be submitted at a general election or at a special election	20100
on a day specified in the resolution levying the tax and occurring	20101
not less than ninety days after such resolution is certified to	20102
the board of elections, in accordance with section 3505.071 of the	20103
Revised Code.	20104

The board of elections of the county or of each county in	20105
which any territory of the regional transit authority is located	20106
shall make the necessary arrangements for the submission of such	20107
question to the electors of the county or regional transit	20108
authority, and the election shall be held, canvassed, and	20109
certified in the same manner as regular elections for the election	20110
of county officers. Notice of the election shall be published in	20111
~~one or more newspapers which in the aggregate are~~a newspaper of	20112
general circulation in the territory of the county or of the	20113
regional transit authority once a week for two consecutive weeks	20114
prior to the election ~~and, if~~or as provided in section 7.16 of	20115
the Revised Code. If the board of elections operates and maintains	20116
a web site, notice of the election also shall be posted on that	20117
web site for thirty days prior to the election. The notice shall	20118
state the type, rate, and purpose of the tax to be levied, the	20119
length of time during which the tax will be in effect, and the	20120
time and place of the election.	20121

More than one such question may be submitted at the same	20122
election. The form of the ballots cast at such election shall be:	20123

"Shall a(n) ................ (sales and use) .............	20124
tax be levied for all transit purposes of the ..................	20125
(here insert name of the county or regional transit authority) at	20126
a rate not exceeding ................... (here insert percentage)	20127
per cent for ................ (here insert number of years the tax	20128
is to be in effect, or that it is to be in effect for a continuing	20129
period of time)?"	20130

If the tax proposed to be levied is a continuation of an	20131
existing tax, whether at the same rate or at an increased or	20132
reduced rate, or an increase in the rate of an existing tax, the	20133
notice and ballot form shall so state.	20134

The board of elections to which the resolution was certified	20135
shall certify the results of the election to the county auditor of	20136
the county or secretary-treasurer of the regional transit	20137
authority levying the tax and to the tax commissioner of the	20138
state.	20139

Sec. 307.022. (A) The board of county commissioners of any	20140
county may do both of the following without following the	20141
competitive bidding requirements of section 307.86 of the Revised	20142
Code:	20143

(1) Enter into a lease, including a lease with an option to	20144
purchase, of correctional facilities for a term not in excess of	20145
forty years. Before entering into the lease, the board shall	20146
publish, once a week for three consecutive weeks in a newspaper of	20147
general circulation in the county or as provided in section 7.16	20148
of the Revised Code, a notice that the board is accepting	20149
proposals for a lease pursuant to this division. The notice shall	20150
state the date before which the proposals are required to be	20151
submitted in order to be considered by the board.	20152

(2) Subject to compliance with this section, grant leases,	20153
easements, and licenses with respect to, or sell, real property	20154
owned by the county if the real property is to be leased back by	20155
the county for use as correctional facilities.	20156

The lease under division (A)(1) of this section shall require	20157
the county to contract, in accordance with Chapter 153., sections	20158
307.86 to 307.92, and Chapter 4115. of the Revised Code, for the	20159
construction, improvement, furnishing, and equipping of	20160
correctional facilities to be leased pursuant to this section.	20161
Prior to the board's execution of the lease, it may require the	20162
lessor under the lease to cause sufficient money to be made	20163
available to the county to enable the county to comply with the	20164
certification requirements of division (D) of section 5705.41 of	20165
the Revised Code.	20166

A lease entered into pursuant to division (A)(1) of this	20167
section by a board may provide for the county to maintain and	20168
repair the correctional facility during the term of the leasehold,	20169
may provide for the county to make rental payments prior to or	20170
after occupation of the correctional facilities by the county, and	20171
may provide for the board to obtain and maintain any insurance	20172
that the lessor may require, including, but not limited to, public	20173
liability, casualty, builder's risk, and business interruption	20174
insurance. The obligations incurred under a lease entered into	20175
pursuant to division (A)(1) of this section shall not be	20176
considered to be within the debt limitations of section 133.07 of	20177
the Revised Code.	20178

(B) The correctional facilities leased under division (A)(1)	20179
of this section may include any or all of the following:	20180

(1) Facilities in which one or more other governmental	20181
entities are participating or in which other facilities of the	20182
county are included;	20183

(2) Facilities acquired, constructed, renovated, or financed	20184
by the Ohio building authority and leased to the county pursuant	20185
to section 307.021 of the Revised Code;	20186

(3) Correctional facilities that are under construction or	20187
have been completed and for which no permanent financing has been	20188
arranged.	20189

20190

(1) "Correctional facilities" includes, but is not limited	20191
to, jails, detention facilities, workhouses, community-based	20192
correctional facilities, and family court centers.	20193

(2) "Construction" has the same meaning as in division (B) of	20194
section 4115.03 of the Revised Code.	20195

Sec. 307.041. (A) As used in this section, "energy	20196
conservation measure" means an installation or modification of an	20197
installation in, or remodeling of, an existing building, to reduce	20198
energy consumption. "Energy conservation measure" includes the	20199
following:	20200

(1) Insulation of the building structure and of systems	20201
within the building;	20202

(2) Storm windows and doors, multiglazed windows and doors,	20203
heat-absorbing or heat-reflective glazed and coated window and	20204
door systems, additional glazing, reductions in glass area, and	20205
other window and door system modifications that reduce energy	20206
consumption;	20207

(3) Automatic energy control systems;

20208

(4) Heating, ventilating, or air conditioning system	20209
modifications or replacements;	20210

(5) Caulking and weatherstripping;

20211

(6) Replacement or modification of lighting fixtures to	20212
increase the energy efficiency of the system without increasing	20213
the overall illumination of a facility, unless such an increase in	20214
illumination is necessary to conform to the applicable state or	20215
local building code for the proposed lighting system;	20216

(7) Energy recovery systems;

20217

(8) Cogeneration systems that produce steam or forms of	20218
energy such as heat, as well as electricity, for use primarily	20219
within a building or complex of buildings;	20220

(9) Acquiring, constructing, furnishing, equipping, improving	20221
the site of, and otherwise improving a central utility plant to	20222
provide heating and cooling services to a building or buildings	20223
together with distribution piping and ancillary distribution	20224
controls, equipment, and related facilities from the central	20225
utility plant to the building or buildings;	20226

(10) Any other modification, installation, or remodeling	20227
approved by the board of county commissioners as an energy	20228
conservation measure.	20229

(B) For the purpose of evaluating county buildings for energy	20230
conservation measures, a county may contract with an architect,	20231
professional engineer, energy services company, contractor, or	20232
other person experienced in the design and implementation of	20233
energy conservation measures for an energy conservation report.	20234
The report shall include all of the following:	20235

(1) Analyses of the buildings' energy needs and	20236
recommendations for building installations, modifications of	20237
existing installations, or building remodeling that would	20238
significantly reduce energy consumption in the buildings owned by	20239
that county;	20240

(2) Estimates of all costs of those installations, those	20241
modifications, or that remodeling, including costs of design,	20242
engineering, installation, maintenance, and repairs;	20243

(3) Estimates of the amounts by which energy consumption	20244
could be reduced;	20245

(4) The interest rate used to estimate the costs of any	20246
energy conservation measures that are to be financed;	20247

(5) The average system life of the energy conservation	20248
measures;	20249

(6) Estimates of the likely savings that will result from the	20250
reduction in energy consumption over the average system life of	20251
the energy conservation measure, including the methods used to	20252
estimate the savings;	20253

(7) A certification under the seal of a registered	20254
professional engineer that the energy conservation report uses	20255
reasonable methods of analysis and estimation.	20256

(C)(1) A county desiring to implement energy conservation	20257
measures may proceed under either of the following methods:	20258

(a) Using a report or any part of an energy conservation	20259
report prepared under division (B) of this section, advertise for	20260
bids and, except as otherwise provided in this section, comply	20261
with sections 307.86 to 307.92 of the Revised Code;	20262

(b) Notwithstanding sections 307.86 to 307.92 of the Revised	20263
Code, request proposals from at least three vendors for the	20264
implementation of energy conservation measures. A request for	20265
proposals shall require the installer that is awarded a contract	20266
under division (C)(2)(b) of this section to prepare an energy	20267
conservation report in accordance with division (B) of this	20268
section. Prior to sending any installer of energy conservation	20269
measures a copy of any request for proposals, the county shall	20270
advertise its intent to request proposals for the installation of	20271
energy conservation measures in a newspaper of general circulation	20272
in the county once a week for two consecutive weeks or as	20273
provided in section 7.16 of the Revised Code. The notice shall	20274
state that the county intends to request proposals for the	20275
installation of energy conservation measures; indicate the date,	20276
which shall be at least ten days after the second publication, on	20277
which the request for proposals will be mailed to installers of	20278
energy conservation measures; and state that any installer of	20279
energy conservation measures interested in receiving the request	20280
for proposals shall submit written notice to the county not later	20281
than noon of the day on which the request for proposals will be	20282
mailed.	20283

(2)(a) Upon receiving bids under division (C)(1)(a) of this	20284
section, the county shall analyze them and select the lowest and	20285
best bid or bids most likely to result in the greatest energy	20286
savings considering the cost of the project and the county's	20287
ability to pay for the improvements with current revenues or by	20288
financing the improvements.	20289

(b) Upon receiving proposals under division (C)(1)(b) of this	20290
section, the county shall analyze the proposals and the	20291
installers' qualifications and select the most qualified installer	20292
to prepare an energy conservation report in accordance with	20293
division (B) of this section. After receipt and review of the	20294
energy conservation report, the county may award a contract to the	20295
selected installer to install the energy conservation measures	20296
that are most likely to result in the greatest energy savings	20297
considering the cost of the project and the county's ability to	20298
pay for the improvements with current revenues or by financing the	20299
improvements.	20300

(c) The awarding of a contract to install energy conservation	20301
measures under division (C)(2)(a) or (b) of this section shall be	20302
conditioned upon a finding by the contracting authority that the	20303
amount of money spent on the energy conservation measures is not	20304
likely to exceed the amount of money the county would save in	20305
energy, operating, maintenance, and avoided capital costs over the	20306
average system life of the energy conservation measures as	20307
specified in the energy conservation report. In making such a	20308
finding, the contracting authority may take into account increased	20309
costs due to inflation as shown in the energy conservation report.	20310
Nothing in this division prohibits a county from rejecting all	20311
bids or proposals under division (C)(1)(a) or (b) of this section	20312
or from selecting more than one bid or proposal.	20313

(D) A board of county commissioners may enter into an	20314
installment payment contract for the purchase and installation of	20315
energy conservation measures. Provisions of installment payment	20316
contracts that deal with interest charges and financing terms	20317
shall not be subject to the competitive bidding requirements of	20318
section 307.86 of the Revised Code, and shall be on the following	20319
terms:	20320

(1) Not less than a specified percentage, as determined and	20321
approved by the board of county commissioners, of the costs of the	20322
contract shall be paid within two years from the date of purchase.	20323

(2) The remaining balance of the costs of the contract shall	20324
be paid within the lesser of the average system life of the energy	20325
conservation measures as specified in the energy conservation	20326
report or thirty years.	20327

(E) The board of county commissioners may issue the notes of	20328
the county specifying the terms of a purchase of energy	20329
conservation measures under this section and securing any deferred	20330
payments provided for in division (D) of this section. The notes	20331
shall be payable at the times provided and bear interest at a rate	20332
not exceeding the rate determined as provided in section 9.95 of	20333
the Revised Code. The notes may contain an option for prepayment	20334
and shall not be subject to Chapter 133. of the Revised Code.	20335
Revenues derived from local taxes or otherwise for the purpose of	20336
conserving energy or for defraying the current operating expenses	20337
of the county may be pledged and applied to the payment of	20338
interest and the retirement of the notes. The notes may be sold at	20339
private sale or given to the contractor under an installment	20340
payment contract authorized by division (D) of this section.	20341

(F) Debt incurred under this section shall not be included in	20342
the calculation of the net indebtedness of a county under section	20343
133.07 of the Revised Code.	20344

Sec. 307.093. A board of county commissioners may enter into	20345
a sale and leaseback agreement under which the board agrees to	20346
convey a county-owned building to a purchaser who is obligated,	20347
immediately upon closing, to lease the building back to the board.	20348
The sale and leaseback agreement shall obligate the lessor to make	20349
improvements to the building, including renovations, energy	20350
conservation measures, and other measures that are necessary to	20351
improve the functionality and reduce the operating costs of the	20352
building.	20353

The authority granted by this section is not subject to the	20354
limitations imposed by sections 307.02 and 307.09 of the Revised	20355
Code.	20356

Sec. 307.10. (A) No sale of real property, or lease of real	20357
property used or to be used for the purpose of airports, landing	20358
fields, or air navigational facilities, or parts thereof, as	20359
provided by section 307.09 of the Revised Code shall be made	20360
unless it is authorized by a resolution adopted by a majority of	20361
the board of county commissioners. When a sale of real property as	20362
provided by section 307.09 of the Revised Code is authorized, the	20363
board may either deed the property to the highest responsible	20364
bidder, after advertisement once a week for four consecutive weeks	20365
in a newspaper of general circulation in the county or as provided	20366
in section 7.16 of the Revised Code, or offer the real property	20367
for sale at a public auction, after giving at least thirty days'	20368
notice of the auction by publication in a newspaper of general	20369
circulation in the county. The board may reject any and all bids.	20370
The board may, as it considers best, sell real property pursuant	20371
to this section as an entire tract or in parcels. The board, by	20372
resolution adopted by a majority of the board, may lease real	20373
property, in accordance with division (A) of section 307.09 of the	20374
Revised Code, without advertising for bids.	20375

(B) The board, by resolution, may transfer real property in	20376
fee simple belonging to the county and not needed for public use	20377
to the United States government, to the state or any department or	20378
agency thereof, to municipal corporations or other political	20379
subdivisions of the state, to the county board of developmental	20380
disabilities, or to a county land reutilization corporation	20381
organized under Chapter 1724. of the Revised Code for public	20382
purposes upon the terms and in the manner that it may determine to	20383
be in the best interests of the county, without advertising for	20384
bids. The board shall execute a deed or other proper instrument	20385
when such a transfer is approved.	20386

(C) The board, by resolution adopted by a majority of the	20387
board, may grant leases, rights, or easements to the United States	20388
government, to the state or any department or agency thereof, or	20389
to municipal corporations and other political subdivisions of the	20390
state, or to privately owned electric light and power companies,	20391
natural gas companies, or telephone or telegraph companies for	20392
purposes of rendering their several public utilities services, in	20393
accordance with division (B) of section 307.09 of the Revised	20394
Code, without advertising for bids. When such grant of lease,	20395
right, or easement is authorized, a deed or other proper	20396
instrument therefor shall be executed by the board.	20397

Sec. 307.12. (A) Except as otherwise provided in divisions	20398
(D), (E), and (G) of this section, when the board of county	20399
commissioners finds, by resolution, that the county has personal	20400
property, including motor vehicles acquired for the use of county	20401
officers and departments, and road machinery, equipment, tools, or	20402
supplies, that is not needed for public use, is obsolete, or is	20403
unfit for the use for which it was acquired, and when the fair	20404
market value of the property to be sold or donated under this	20405
division is, in the opinion of the board, in excess of two	20406
thousand five hundred dollars, the board may do either of the	20407
following:	20408

(1) Sell the property at public auction or by sealed bid to	20409
the highest bidder. Notice of the time, place, and manner of the	20410
sale shall be published in a newspaper of general circulation in	20411
the county at least ten days prior to the sale, and a typewritten	20412
or printed notice of the time, place, and manner of the sale shall	20413
be posted at least ten days before the sale in the offices of the	20414
county auditor and the board of county commissioners.	20415

If a board conducts a sale of property by sealed bid, the	20416
form of the bid shall be as prescribed by the board, and each bid	20417
shall contain the name of the person submitting it. Bids received	20418
shall be opened and tabulated at the time stated in the notice.	20419
The property shall be sold to the highest bidder, except that the	20420
board may reject all bids and hold another sale, by public auction	20421
or sealed bid, in the manner prescribed by this section.	20422

(2) Donate any motor vehicle that does not exceed four	20423
thousand five hundred dollars in value to a nonprofit organization	20424
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	20425
and (c)(3) for the purpose of meeting the transportation needs of	20426
participants in the Ohio works first program established under	20427
Chapter 5107. of the Revised Code and participants in the	20428
prevention, retention, and contingency program established under	20429
Chapter 5108. of the Revised Code.	20430

(B) When the board of county commissioners finds, by	20431
resolution, that the county has personal property, including motor	20432
vehicles acquired for the use of county officers and departments,	20433
and road machinery, equipment, tools, or supplies, that is not	20434
needed for public use, is obsolete, or is unfit for the use for	20435
which it was acquired, and when the fair market value of the	20436
property to be sold or donated under this division is, in the	20437
opinion of the board, two thousand five hundred dollars or less,	20438
the board may do either of the following:	20439

(1) Sell the property by private sale, without advertisement	20440
or public notification;	20441

(2) Donate the property to an eligible nonprofit organization	20442
that is located in this state and is exempt from federal income	20443
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating	20444
any property under this division, the board shall adopt a	20445
resolution expressing its intent to make unneeded, obsolete, or	20446
unfit-for-use county personal property available to these	20447
organizations. The resolution shall include guidelines and	20448
procedures the board considers necessary to implement a donation	20449
program under this division and shall indicate whether the county	20450
will conduct the donation program or the board will contract with	20451
a representative to conduct it. If a representative is known when	20452
the resolution is adopted, the resolution shall provide contact	20453
information such as the representative's name, address, and	20454
telephone number.	20455

The resolution shall include within its procedures a	20456
requirement that any nonprofit organization desiring to obtain	20457
donated property under this division shall submit a written notice	20458
to the board or its representative. The written notice shall	20459
include evidence that the organization is a nonprofit organization	20460
that is located in this state and is exempt from federal income	20461
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	20462
the organization's primary purpose; a description of the type or	20463
types of property the organization needs; and the name, address,	20464
and telephone number of a person designated by the organization's	20465
governing board to receive donated property and to serve as its	20466
agent.	20467

After adoption of the resolution, the board shall publish, in	20468
a newspaper of general circulation in the county, notice of its	20469
intent to donate unneeded, obsolete, or unfit-for-use county	20470
personal property to eligible nonprofit organizations. The notice	20471
shall include a summary of the information provided in the	20472
resolution and shall be published ~~at least~~ twice or as provided in	20473
section 7.16 of the Revised Code. The second and any subsequent	20474
notice shall be published not less than ten nor more than twenty	20475
days after the previous notice. A similar notice also shall be	20476
posted continually in a conspicuous place in the offices of the	20477
county auditor and the board of county commissioners~~, and, if~~. If	20478
the county maintains a web site on the internet, the notice shall	20479
be posted continually at that web site.	20480

The board or its representative shall maintain a list of all	20481
nonprofit organizations that notify the board or its	20482
representative of their desire to obtain donated property under	20483
this division and that the board or its representative determines	20484
to be eligible, in accordance with the requirements set forth in	20485
this section and in the donation program's guidelines and	20486
procedures, to receive donated property.	20487

The board or its representatives also shall maintain a list	20488
of all county personal property the board finds to be unneeded,	20489
obsolete, or unfit for use and to be available for donation under	20490
this division. The list shall be posted continually in a	20491
conspicuous location in the offices of the county auditor and the	20492
board of county commissioners, and, if the county maintains a web	20493
site on the internet, the list shall be posted continually at that	20494
web site. An item of property on the list shall be donated to the	20495
eligible nonprofit organization that first declares to the board	20496
or its representative its desire to obtain the item unless the	20497
board previously has established, by resolution, a list of	20498
eligible nonprofit organizations that shall be given priority with	20499
respect to the item's donation. Priority may be given on the basis	20500
that the purposes of a nonprofit organization have a direct	20501
relationship to specific public purposes of programs provided or	20502
administered by the board. A resolution giving priority to certain	20503
nonprofit organizations with respect to the donation of an item of	20504
property shall specify the reasons why the organizations are given	20505
that priority.	20506

(C) Members of the board of county commissioners shall	20507
consult with the Ohio ethics commission, and comply with the	20508
provisions of Chapters 102. and 2921. of the Revised Code, with	20509
respect to any sale or donation under division (A) or (B) of this	20510
section to a nonprofit organization of which a county	20511
commissioner, any member of the county commissioner's family, or	20512
any business associate of the county commissioner is a trustee,	20513
officer, board member, or employee.	20514

(D) Notwithstanding anything to the contrary in division (A),	20515
(B), or (E) of this section and regardless of the property's	20516
value, the board of county commissioners may sell or donate county	20517
personal property, including motor vehicles, to the federal	20518
government, the state, any political subdivision of the state, or	20519
a county land reutilization corporation without advertisement or	20520
public notification.	20521

(E) Notwithstanding anything to the contrary in division (A),	20522
(B), or (G) of this section and regardless of the property's	20523
value, the board of county commissioners may sell personal	20524
property, including motor vehicles acquired for the use of county	20525
officers and departments, and road machinery, equipment, tools, or	20526
supplies, that is not needed for public use, is obsolete, or is	20527
unfit for the use for which it was acquired, by internet auction.	20528
The board shall adopt, during each calendar year, a resolution	20529
expressing its intent to sell that property by internet auction.	20530
The resolution shall include a description of how the auctions	20531
will be conducted and shall specify the number of days for bidding	20532
on the property, which shall be no less than ten days, including	20533
Saturdays, Sundays, and legal holidays. The resolution shall	20534
indicate whether the county will conduct the auction or the board	20535
will contract with a representative to conduct the auction and	20536
shall establish the general terms and conditions of sale. If a	20537
representative is known when the resolution is adopted, the	20538
resolution shall provide contact information such as the	20539
representative's name, address, and telephone number.	20540

After adoption of the resolution, the board shall publish, in	20541
a newspaper of general circulation in the county, notice of its	20542
intent to sell unneeded, obsolete, or unfit-for-use county	20543
personal property by internet auction. The notice shall include a	20544
summary of the information provided in the resolution and shall be	20545
published ~~at least~~ twice or as provided in section 7.16 of the	20546
Revised Code. The second and any subsequent notice shall be	20547
published not less than ten nor more than twenty days after the	20548
previous notice. A similar notice also shall be posted continually	20549
throughout the calendar year in a conspicuous place in the offices	20550
of the county auditor and the board of county commissioners~~, and,~~	20551
if. If the county maintains a web site on the internet, the notice	20552
shall be posted continually throughout the calendar year at that	20553
web site.	20554

When property is to be sold by internet auction, the board or	20555
its representative may establish a minimum price that will be	20556
accepted for specific items and may establish any other terms and	20557
conditions for the particular sale, including requirements for	20558
pick-up or delivery, method of payment, and sales tax. This type	20559
of information shall be provided on the internet at the time of	20560
the auction and may be provided before that time upon request	20561
after the terms and conditions have been determined by the board	20562
or its representative.	20563

(F) When a county officer or department head determines that	20564
county-owned personal property under the jurisdiction of the	20565
officer or department head, including motor vehicles, road	20566
machinery, equipment, tools, or supplies, is not of immediate	20567
need, the county officer or department head may notify the board	20568
of county commissioners, and the board may lease that personal	20569
property to any municipal corporation, township, other political	20570
subdivision of the state, or to a county land reutilization	20571
corporation. The lease shall require the county to be reimbursed	20572
under terms, conditions, and fees established by the board, or	20573
under contracts executed by the board.	20574

(G) If the board of county commissioners finds, by	20575
resolution, that the county has vehicles, equipment, or machinery	20576
that is not needed, or is unfit for public use, and the board	20577
desires to sell the vehicles, equipment, or machinery to the	20578
person or firm from which it proposes to purchase other vehicles,	20579
equipment, or machinery, the board may offer to sell the vehicles,	20580
equipment, or machinery to that person or firm, and to have the	20581
selling price credited to the person or firm against the purchase	20582
price of other vehicles, equipment, or machinery.	20583

(H) If the board of county commissioners advertises for bids	20584
for the sale of new vehicles, equipment, or machinery to the	20585
county, it may include in the same advertisement a notice of the	20586
willingness of the board to accept bids for the purchase of	20587
county-owned vehicles, equipment, or machinery that is obsolete or	20588
not needed for public use, and to have the amount of those bids	20589
subtracted from the selling price of the other vehicles,	20590
equipment, or machinery as a means of determining the lowest	20591
responsible bidder.	20592

(I) If a board of county commissioners determines that county	20593
personal property is not needed for public use, or is obsolete or	20594
unfit for the use for which it was acquired, and that the property	20595
has no value, the board may discard or salvage that property.	20596

(J) A county engineer, in the engineer's discretion, may	20597
dispose of scrap construction materials on such terms as the	20598
engineer determines reasonable, including disposal without	20599
recovery of costs, if the total value of the materials does not	20600
exceed twenty-five thousand dollars. The engineer shall maintain	20601
records of all dispositions made under this division, including	20602
identification of the origin of the materials, the final	20603
disposition, and copies of all receipts resulting from the	20604
dispositions.	20605

As used in division (I) of this section, "scrap construction	20606
materials" means construction materials that result from a road or	20607
bridge improvement, remain after the improvement is completed, and	20608
are not reusable. Construction material that is metal and that	20609
results from a road or bridge improvement and remains after the	20610
improvement is completed is scrap construction material only if it	20611
cannot be used in any other road or bridge improvement or other	20612
project in its current state.	20613

Sec. 307.676. (A) As used in this section:

20614

(1) "Food and beverages" means any raw, cooked, or processed	20615
edible substance used or intended for use in whole or in part for	20616
human consumption, including ice, water, spirituous liquors, wine,	20617
mixed beverages, beer, soft drinks, soda, and other beverages.	20618

(2) "Convention facilities authority" has the same meaning as	20619
in section 351.01 of the Revised Code.	20620

(3) "Convention center" has the same meaning as in section	20621
307.695 of the Revised Code.	20622

(B) The legislative authority of a county with a population	20623
of one million or more according to the most recent federal	20624
decennial census may, by resolution adopted on or before August	20625
30, 2004, by a majority of the members of the legislative	20626
authority and with the subsequent approval of a majority of the	20627
electors of the county voting upon it, levy a tax of not more than	20628
two per cent on every retail sale in the county of food and	20629
beverages to be consumed on the premises where sold to pay the	20630
expenses of administering the tax and to provide revenues for the	20631
county general fund. Such resolution shall direct the board of	20632
elections to submit the question of levying the tax to the	20633
electors of the county at the next primary or general election in	20634
the county occurring not less than ninety days after the	20635
resolution is certified to the board of elections, and such	20636
resolution may further direct the board of elections to include	20637
upon the ballot submitted to the electors any specific purposes	20638
for which the tax will be used. The legislative authority shall	20639
establish all regulations necessary to provide for the	20640
administration and allocation of the tax. The regulations may	20641
prescribe the time for payment of the tax and may provide for	20642
imposition of a penalty, interest, or both for late payments,	20643
provided that any such penalty may not exceed ten per cent of the	20644
amount of tax due and the rate at which interest accrues may not	20645
exceed the rate per annum required under section 5703.47 of the	20646
Revised Code.	20647

(C) A tax levied under this section shall remain in effect	20648
for the period of time specified in the resolution or ordinance	20649
levying the tax, but in no case for a longer period than forty	20650
years.	20651

(D) A tax levied under this section is in addition to any	20652
other tax levied under Chapter 307., 4301., 4305., 5739., 5741.,	20653
or any other chapter of the Revised Code. "Price," as defined in	20654
sections 5739.01 and 5741.01 of the Revised Code, does not include	20655
any tax levied under this section and any tax levied under this	20656
section does not include any tax imposed under Chapter 5739. or	20657
5741. of the Revised Code.	20658

(E)(1) No amount collected from a tax levied under this	20659
section shall be contributed to a convention facilities authority,	20660
corporation, or other entity created after July 1, 2003, for the	20661
principal purpose of constructing, improving, expanding,	20662
equipping, financing, or operating a convention center unless the	20663
mayor of the municipal corporation in which the convention center	20664
is to be operated by that convention facilities authority,	20665
corporation, or other entity has consented to the creation of that	20666
convention facilities authority, corporation, or entity.	20667
Notwithstanding any contrary provision of section 351.04 of the	20668
Revised Code, if a tax is levied by a county under this section,	20669
the board of county commissioners of that county may determine the	20670
manner of selection, the qualifications, the number, and terms of	20671
office of the members of the board of directors of any convention	20672
facilities authority, corporation, or other entity described in	20673
division (E)(1) of this section.	20674

(2)(a) No amount collected from a tax levied under this	20675
section may be used for any purpose other than paying the direct	20676
and indirect costs of constructing, improving, expanding,	20677
equipping, financing, or operating a convention center and for the	20678
real and actual costs of administering the tax, unless, prior to	20679
the adoption of the resolution of the legislative authority of the	20680
county directing the board of elections to submit the question of	20681
the levy, extension, or increase to the electors of the county,	20682
the county and the mayor of the most populous municipal	20683
corporation in that county have entered into an agreement as to	20684
the use of such amounts, provided that such agreement has been	20685
approved by a majority of the mayors of the other municipal	20686
corporations in that county. The agreement shall provide that the	20687
amounts to be used for purposes other than paying the convention	20688
center or administrative costs described in division (E)(2)(a) of	20689
this section be used only for the direct and indirect costs of	20690
capital improvements in accordance with the agreement, including	20691
the financing of capital improvements. Immediately following the	20692
execution of the agreement, the county shall:	20693

(i) In accordance with section 7.12 of the Revised Code,	20694
cause the agreement to be published ~~at least~~ once in a newspaper	20695
of general circulation in that county; or	20696

(ii) Post the agreement in at least five public places in the	20697
county, as determined by the legislative authority, for a period	20698
not less than fifteen days.	20699

(b) If the county in which the tax is levied has an	20700
association of mayors and city managers, the approval of that	20701
association of an agreement described in division (E)(2)(a) of	20702
this section shall be considered to be the approval of the	20703
majority of the mayors of the other municipal corporations for	20704
purposes of that division.	20705

(F) Each year, the auditor of state shall conduct an audit of	20706
the uses of any amounts collected from taxes levied under this	20707
section and shall prepare a report of the auditor of state's	20708
findings. The auditor of state shall submit the report to the	20709
legislative authority of the county that has levied the tax, the	20710
speaker of the house of representatives, the president of the	20711
senate, and the leaders of the minority parties of the house of	20712
representatives and the senate.	20713

(G) The levy of any taxes under Chapter 5739. of the Revised	20714
Code on the same transactions subject to a tax under this section	20715
does not prevent the levy of a tax under this section.	20716

Sec. 307.70. In any county electing a county charter	20717
commission, the board of county commissioners shall appropriate	20718
money for the expenses of such commission in the preparation of a	20719
county charter, or charter amendment, and the study of problems	20720
involved. No appropriation shall be made for the compensation of	20721
members of the commission for their services. The board shall	20722
appropriate money for the printing and mailing or otherwise	20723
distributing to each elector in the county, as far as may be	20724
reasonably possible, a copy of a charter submitted to the electors	20725
of the county by a charter commission or by the board pursuant to	20726
petition as provided by Section 4 of Article X, Ohio Constitution.	20727
The copy of the charter shall be mailed or otherwise distributed	20728
at least thirty days prior to the election. The board shall	20729
appropriate money for the printing and distribution or publication	20730
of proposed amendments to a charter submitted by a charter	20731
commission pursuant to Section 4 of Article X, Ohio Constitution.	20732
Notice of amendments to a county charter shall be given by mailing	20733
or otherwise distributing a copy of each proposed amendment to	20734
each elector in the county, as far as may be reasonably possible,	20735
at least thirty days prior to the election or, if the board so	20736
determines, by publishing the full text of the proposed amendments	20737
once a week for at least two consecutive weeks in a newspaper	20738
~~published in the county. If no newspaper is published in the~~	20739
~~county or the board is unable to obtain publication in a newspaper~~	20740
~~published in the county, the proposed amendments may be published~~	20741
~~in a newspaper~~ of general circulation within the county, or as	20742
provided in section 7.16 of the Revised Code. No public officer is	20743
precluded, because of being a public officer, from also holding	20744
office as a member of a county charter commission, except that not	20745
more than four officeholders may be elected to a county charter	20746
commission at the same time. No member of a county charter	20747
commission, because of charter commission membership, is precluded	20748
from seeking or holding other public office.	20749

Sec. 307.79. (A) The board of county commissioners may	20750
adopt, amend, and rescind rules establishing technically feasible	20751
and economically reasonable standards to achieve a level of	20752
management and conservation practices that will abate wind or	20753
water erosion of the soil or abate the degradation of the waters	20754
of the state by soil sediment in conjunction with land grading,	20755
excavating, filling, or other soil disturbing activities on land	20756
used or being developed for nonfarm commercial, industrial,	20757
residential, or other nonfarm purposes, and establish criteria for	20758
determination of the acceptability of those management and	20759
conservation practices. The rules shall be designed to implement	20760
the applicable areawide waste treatment management plan prepared	20761
under section 208 of the "Federal Water Pollution Control Act," 86	20762
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement	20763
phase II of the storm water program of the national pollutant	20764
discharge elimination system established in 40 C.F.R. Part 122.	20765
The rules to implement phase II of the storm water program of the	20766
national pollutant discharge elimination system shall not be	20767
inconsistent with, more stringent than, or broader in scope than	20768
the rules or regulations adopted by the environmental protection	20769
agency under 40 C.F.R. Part 122. The rules adopted under this	20770
section shall not apply inside the limits of municipal	20771
corporations or the limits of townships with a limited home rule	20772
government that have adopted rules under section 504.21 of the	20773
Revised Code, to lands being used in a strip mine operation as	20774
defined in section 1513.01 of the Revised Code, or to land being	20775
used in a surface mine operation as defined in section 1514.01 of	20776
the Revised Code.	20777

The rules adopted under this section may require persons to	20778
file plans governing erosion control, sediment control, and water	20779
management before clearing, grading, excavating, filling, or	20780
otherwise wholly or partially disturbing one or more contiguous	20781
acres of land owned by one person or operated as one development	20782
unit for the construction of nonfarm buildings, structures,	20783
utilities, recreational areas, or other similar nonfarm uses. If	20784
the rules require plans to be filed, the rules shall do all of the	20785
following:	20786

(1) Designate the board itself, its employees, or another	20787
agency or official to review and approve or disapprove the plans;	20788

(2) Establish procedures and criteria for the review and	20789
approval or disapproval of the plans;	20790

(3) Require the designated entity to issue a permit to a	20791
person for the clearing, grading, excavating, filling, or other	20792
project for which plans are approved and to deny a permit to a	20793
person whose plans have been disapproved;	20794

(4) Establish procedures for the issuance of the permits;

20795

(5) Establish procedures under which a person may appeal the	20796
denial of a permit.	20797

Areas of less than one contiguous acre shall not be exempt	20798
from compliance with other provisions of this section or rules	20799
adopted under this section. The rules adopted under this section	20800
may impose reasonable filing fees for plan review, permit	20801
processing, and field inspections.	20802

No permit or plan shall be required for a public highway,	20803
transportation, or drainage improvement or maintenance project	20804
undertaken by a government agency or political subdivision in	20805
accordance with a statement of its standard sediment control	20806
policies that is approved by the board or the chief of the	20807
division of soil and water resources in the department of natural	20808
resources.	20809

(B) Rules or amendments may be adopted under this section	20810
only after public hearings at not fewer than two regular sessions	20811
of the board. The board of county commissioners shall cause to be	20812
published, in a newspaper of general circulation in the county,	20813
notice of the public hearings, including time, date, and place,	20814
once a week for two weeks immediately preceding the hearings, or	20815
as provided in section 7.16 of the Revised Code. The proposed	20816
rules or amendments shall be made available by the board to the	20817
public at the board office or other location indicated in the	20818
notice. The rules or amendments shall take effect on the	20819
thirty-first day following the date of their adoption.	20820

(C) The board of county commissioners may employ personnel to	20821
assist in the administration of this section and the rules adopted	20822
under it. The board also, if the action does not conflict with the	20823
rules, may delegate duties to review sediment control and water	20824
management plans to its employees, and may enter into agreements	20825
with one or more political subdivisions, other county officials,	20826
or other government agencies, in any combination, in order to	20827
obtain reviews and comments on plans governing erosion control,	20828
sediment control, and water management or to obtain other services	20829
for the administration of the rules adopted under this section.	20830

(D) The board of county commissioners or any duly authorized	20831
representative of the board may, upon identification to the owner	20832
or person in charge, enter any land upon obtaining agreement with	20833
the owner, tenant, or manager of the land in order to determine	20834
whether there is compliance with the rules adopted under this	20835
section. If the board or its duly authorized representative is	20836
unable to obtain such an agreement, the board or representative	20837
may apply for, and a judge of the court of common pleas for the	20838
county where the land is located may issue, an appropriate	20839
inspection warrant as necessary to achieve the purposes of this	20840
chapter.	20841

(E)(1) If the board of county commissioners or its duly	20842
authorized representative determines that a violation of the rules	20843
adopted under this section exists, the board or representative may	20844
issue an immediate stop work order if the violator failed to	20845
obtain any federal, state, or local permit necessary for sediment	20846
and erosion control, earth movement, clearing, or cut and fill	20847
activity. In addition, if the board or representative determines	20848
such a rule violation exists, regardless of whether or not the	20849
violator has obtained the proper permits, the board or	20850
representative may authorize the issuance of a notice of	20851
violation. If, after a period of not less than thirty days has	20852
elapsed following the issuance of the notice of violation, the	20853
violation continues, the board or its duly authorized	20854
representative shall issue a second notice of violation. Except as	20855
provided in division (E)(3) of this section, if, after a period of	20856
not less than fifteen days has elapsed following the issuance of	20857
the second notice of violation, the violation continues, the board	20858
or its duly authorized representative may issue a stop work order	20859
after first obtaining the written approval of the prosecuting	20860
attorney of the county if, in the opinion of the prosecuting	20861
attorney, the violation is egregious.	20862

Once a stop work order is issued, the board or its duly	20863
authorize representative shall request, in writing, the	20864
prosecuting attorney of the county to seek an injunction or other	20865
appropriate relief in the court of common pleas to abate excessive	20866
erosion or sedimentation and secure compliance with the rules	20867
adopted under this section. If the prosecuting attorney seeks an	20868
injunction or other appropriate relief, then, in granting relief,	20869
the court of common pleas may order the construction of sediment	20870
control improvements or implementation of other control measures	20871
and may assess a civil fine of not less than one hundred or more	20872
than five hundred dollars. Each day of violation of a rule or stop	20873
work order issued under this section shall be considered a	20874
separate violation subject to a civil fine.	20875

(2) The person to whom a stop work order is issued under this	20876
section may appeal the order to the court of common pleas of the	20877
county in which it was issued, seeking any equitable or other	20878
appropriate relief from that order.	20879

(3) No stop work order shall be issued under this section	20880
against any public highway, transportation, or drainage	20881
improvement or maintenance project undertaken by a government	20882
agency or political subdivision in accordance with a statement of	20883
its standard sediment control policies that is approved by the	20884
board or the chief of the division of soil and water resources in	20885
the department of natural resources.	20886

(F) No person shall violate any rule adopted or order issued	20887
under this section. Notwithstanding division (E) of this section,	20888
if the board of county commissioners determines that a violation	20889
of any rule adopted or administrative order issued under this	20890
section exists, the board may request, in writing, the prosecuting	20891
attorney of the county to seek an injunction or other appropriate	20892
relief in the court of common pleas to abate excessive erosion or	20893
sedimentation and secure compliance with the rules or order. In	20894
granting relief, the court of common pleas may order the	20895
construction of sediment control improvements or implementation of	20896
other control measures and may assess a civil fine of not less	20897
than one hundred or more than five hundred dollars. Each day of	20898
violation of a rule adopted or administrative order issued under	20899
this section shall be considered a separate violation subject to a	20900
civil fine.	20901

Sec. 307.791. The question of repeal of a county sediment	20902
control rule adopted under section 307.79 of the Revised Code may	20903
be initiated by filing with the board of elections of the county	20904
not less than ninety days before the general or primary election	20905
in any year a petition requesting that an election be held on such	20906
question. Such petition shall be signed by qualified electors	20907
residing in the county equal in number to ten per cent of those	20908
voting for governor at the most recent gubernatorial election in	20909
the county.	20910

After determination by it that such petition is valid, the	20911
board of elections shall submit the question to the electors of	20912
the county at the next general or primary election. The election	20913
shall be conducted, canvassed, and certified in the same manner as	20914
regular elections for county offices in the county. Notice of the	20915
election shall be published in a newspaper of general circulation	20916
in the county once a week for two consecutive weeks prior to the	20917
election ~~and, if~~or as provided in section 7.16 of the Revised	20918
Code. If the board of elections operates and maintains a web site,	20919
notice of the election also shall be posted on that web site for	20920
thirty days prior to the election. The notice shall state the	20921
purpose, time, and place of the election and ~~the complete text~~a	20922
succinct summary of each rule sought to be repealed. The form of	20923
the ballot cast at such election shall be prescribed by the	20924
secretary of state. The question covered by such petition shall be	20925
submitted as a separate proposition, but it may be printed on the	20926
same ballot with any other proposition submitted at the same	20927
election other than the election of officers. If a majority of the	20928
qualified electors voting on the question of repeal approve the	20929
repeal, the result of the election shall be certified immediately	20930
after the canvass by the board of elections to the board of county	20931
commissioners, who shall thereupon rescind the rule.	20932

Sec. 307.80. The board of county commissioners of any county	20933
may, by resolution, establish a county microfilming board. The	20934
county microfilming board shall consist of the county treasurer or	20935
~~his~~the treasurer's representative, the county auditor or ~~his~~the	20936
auditor's representative, the clerk of the court of common pleas	20937
or ~~his~~the clerk's representative, a member or representative of	20938
the board of county commissioners chosen by the board of county	20939
commissioners, and the county recorder or ~~his~~the recorder's	20940
representative who shall serve as secretary.	20941

After the initial meeting of the county microfilming board,	20942
no county office shall purchase, lease, operate, or contract for	20943
the use of any microfilming or other image processing equipment,	20944
software, or services without prior approval of the board.	20945

As used in sections 307.80 to 307.806 of the Revised Code,	20946
"county office" means any officer, department, board, commission,	20947
agency, court, or other office of the county and the court of	20948
common pleas. The county hospital shall not be considered a	20949
"county office" when the county hospital uses microfilming to	20950
record and store for future access physical and psychiatric	20951
examinations or treatment records of its patients. The county	20952
hospital shall participate, at the request of the county	20953
microfilming board, in purchasing film and equipment and in	20954
entering into contracts for services for microfilming.	20955

Sec. 307.801. Within ninety days after a county microfilming	20956
board has been established, it shall hold its initial meeting at	20957
such time as the secretary of the board determines. Thereafter,	20958
the board shall meet annually on the ~~third~~second Monday in	20959
January and at such other times and places as the secretary	20960
determines. The secretary shall, within five days after receiving	20961
a written request from any other member of the board, call the	20962
board together for a meeting. A majority of the board constitutes	20963
a quorum at any regular or special meeting.	20964

The board may, by unanimous consent, adopt such rules as it	20965
considers necessary for its operation, but no rule of the board	20966
shall derogate the authority or responsibility of any elected	20967
official.	20968

Sec. 307.802. The county microfilming board shall coordinate	20969
the use of all microfilming or image processing equipment,	20970
software, or services in use throughout the county offices at the	20971
time the board is established.	20972

The board may, in writing, authorize any county office to	20973
contract for microfilming or image processing services, or operate	20974
or acquire microfilming or image processing equipment or software,	20975
where the board determines such action is desirable. The	20976
authorization shall be signed by a majority of the members of the	20977
board and shall be filed in the office of the board of county	20978
commissioners.	20979

The county microfilming board may establish a microfilming	20980
center which shall provide a centralized system for the use of	20981
microfilming or image processing equipment, software, or services	20982
for all county offices.	20983

Sec. 307.803. The board of county commissioners may	20984
purchase, lease, or otherwise acquire any microfilming or image	20985
processing equipment, software, or services that the board	20986
determines is necessary, or that the county microfilming board or	20987
county board of information services and records management	20988
authorizes, from funds budgeted and appropriated by the board of	20989
county commissioners for such purposes.	20990

Sec. 307.806. The county microfilming board may enter into a	20991
contract with the legislative authorities of any municipal	20992
corporation, township, port authority, water or sewer district,	20993
school district, library district, county law library association,	20994
health district, park district, soil and water conservation	20995
district, conservancy district, other taxing district, regional	20996
council established pursuant to Chapter 167. of the Revised Code,	20997
or otherwise, county land reutilization corporation organized	20998
under Chapter 1724. of the Revised Code, or with the board of	20999
county commissioners or the microfilming board of any other	21000
county, or with any other federal or state governmental agency,	21001
and such authorities may enter into contracts with the county	21002
microfilming board, to provide microfilming or image processing	21003
services to any of them. The board shall establish a schedule of	21004
charges upon which the cost of providing such services shall be	21005
based. All moneys collected by the board for services rendered	21006
pursuant to contracts entered into under this section shall be	21007
deposited in the county general fund; however, such moneys may be	21008
segregated into a special fund in the county treasury until the	21009
end of the calendar year. County offices may also be charged for	21010
such services and the appropriation so charged and the	21011
appropriation of the board so credited.	21012

Sec. 307.81. (A) Where lands have been dedicated to or for	21013
the use of the public for parks or park lands, and where such	21014
lands have remained unimproved and unused by the public and there	21015
appears to be little or no possibility that such lands will be	21016
improved and used by the public, the board of county commissioners	21017
of the county in which the lands are located may, by resolution,	21018
declare such parks or park lands vacated upon the petition of a	21019
majority of the abutting freeholders. No such parks or park lands	21020
shall be vacated unless notice of the pendency and prayer of the	21021
petition is given in a newspaper of general circulation in the	21022
county in which such lands are situated for three consecutive	21023
weeks preceding action on such petition or as provided in section	21024
7.16 of the Revised Code. No such lands shall be vacated prior to	21025
a public hearing had thereon.	21026

(B) Before the board of county commissioners may act on a	21027
petition to vacate unimproved and unused parks or park lands under	21028
division (A) of this section, the board shall offer such parks or	21029
park lands to all political subdivisions described in division (C)	21030
of this section. The board shall give notice to those political	21031
subdivisions by first class mail that the parks or park lands may	21032
be declared vacated unless the board of county commissioners	21033
accepts an offer from another political subdivision to buy or	21034
lease the lands. The failure of delivery of any such notice does	21035
not invalidate any proceedings for the disposition of parks or	21036
park lands under this division. Any such political subdivision	21037
that wishes to buy or lease the parks or park lands shall make an	21038
offer for the lands to the board in writing not later than ninety	21039
days after receiving the notice. The board may reject any offer,	21040
except that if it receives an offer in which the political	21041
subdivision agrees to use the lands for park purposes and in which	21042
the board finds all of the other terms acceptable, the board shall	21043
accept that offer. No offer shall be accepted until notice of the	21044
offer is published for three consecutive weeks in a newspaper of	21045
general circulation in the county in which the lands are situated	21046
or as provided in section 7.16 of the Revised Code, and a public	21047
hearing is held. Proceeds from the sale or lease of the lands	21048
shall be placed in the general fund of the county and be disbursed	21049
as prescribed in section 307.82 of the Revised Code. Any deed	21050
conveying the lands shall be executed as provided in that section.	21051

(C) In order to receive a notice or to make an offer	21052
regarding parks or park lands under division (B) of this section,	21053
a political subdivision must meet both of the following	21054
conditions:	21055

(1) Have the authority to acquire, develop, and maintain	21056
public parks or recreation areas;	21057

(2) Contain the parks or park lands in question within its	21058
boundaries, or adjoin a political subdivision that contains those	21059
parks or park lands within its boundaries.	21060

Sec. 307.82. Upon the vacation of parks or park lands, the	21061
board of county commissioners shall offer such lands for sale at a	21062
public auction at the courthouse of the county in which such lands	21063
are situated. No lands shall be sold until the board gives notice	21064
of intention to sell such lands. Such notice shall be published	21065
once a week for four consecutive weeks in a newspaper of general	21066
circulation in the county in which sale is to be had or as	21067
provided in section 7.16 of the Revised Code. The board shall sell	21068
such lands to the highest and best bidder, provided, the board may	21069
reject any and all bids made hereunder.	21070

When such sale is made, the auditor of the county in which	21071
sale is had and in which such lands are located, shall enter into	21072
a deed, conveying said lands to the purchaser thereof. At the time	21073
of sale, the auditor shall place the lands sold hereunder on the	21074
tax duplicate of the county at a value to be established by ~~him~~	21075
the auditor as in cases where hethe auditor re-enters property	21076
which has been tax exempt on the taxable list of the county.	21077

The proceeds from the sale of lands sold pursuant to this	21078
section shall be placed in the general fund of the county in which	21079
such lands are located and may be disbursed as other general fund	21080
moneys.	21081

Sec. 307.83. When real estate which has been dedicated to or	21082
for the use of the public for parks or park lands is vacated by	21083
the board of county commissioners pursuant to division (A) of	21084
section 307.81 of the Revised Code or is to be sold or leased for	21085
nonpark use under division (B) of that section, and where	21086
reversionary interests have been set up in the event of the	21087
non-use of such lands for the dedicated purpose, such reversionary	21088
interests shall accelerate and vest in the holders thereof upon	21089
such vacation, or prior to the acceptance of an offer to buy or	21090
lease the land. Thereupon the auditor of the county shall place	21091
the lands on the tax duplicate of the county in the names of such	21092
reversioners as are known to the board of county commissioners. If	21093
the board is unable to establish the names of such reversioners,	21094
it shall fix a date on or before which claims to such real estate	21095
may be asserted and after which such real estate shall be sold or	21096
leased. The board shall give notice of such date and of the sale	21097
or lease to be held thereafter, once each week for four	21098
consecutive weeks in a newspaper of general circulation in the	21099
county wherein such lands are located or as provided in section	21100
7.16 of the Revised Code. In the event that no claims to such	21101
lands are asserted or found to be valid, the lands shall be sold	21102
pursuant to section 307.82 of the Revised Code in the case of a	21103
vacation of the lands pursuant to division (A) of section 307.81	21104
of the Revised Code, or be sold or leased pursuant to division (B)	21105
of section 307.81 of the Revised Code if an agreement with a	21106
political subdivision is entered into under that division, and the	21107
title of any holders of reversionary interests shall be	21108
extinguished.	21109

Sec. 307.84. The board of county commissioners of any county	21110
may, by resolution, establish a county automatic data processing	21111
board. The board shall consist of the county treasurer or the	21112
county treasurer's representative, the county recorder or the	21113
county recorder's representative, the clerk of the court of common	21114
pleas or the clerk's representative, a member or representative of	21115
the board of county commissioners chosen by the board, two members	21116
or representatives of the board of elections chosen by the board	21117
of elections one of whom shall be a member of the political party	21118
receiving the greatest number of votes at the most recent general	21119
election for the office of governor and one of whom shall be a	21120
member of the political party receiving the second greatest number	21121
of votes at such an election, if the board of elections desires to	21122
participate, and the county auditor or the county auditor's	21123
representative who shall serve as secretary. The members of the	21124
county automatic data processing board may by majority vote add to	21125
the board any additional members whose officers use the facilities	21126
of the board.	21127

After the initial meeting of the county automatic data	21128
processing board, no county office shall purchase, lease, operate,	21129
or contract for the use of any automatic or electronic data	21130
processing or record-keeping equipment, software, or services	21131
without prior approval of the board.	21132

As used in sections 307.84 to 307.846 of the Revised Code,	21133
"county office" means any officer, department, board, commission,	21134
agency, court, or other office of the county, other than a board	21135
of county hospital trustees.	21136

Sec. 307.842. The county automatic data processing board	21137
shall coordinate the use of all automatic or electronic data	21138
processing or record-keeping equipment, software, or services in	21139
use throughout the county offices at the time the board is	21140
established.	21141

The board may, in writing, authorize any county office to	21142
contract for automatic or electronic data processing or	21143
record-keeping services, or operate or acquire automatic or	21144
electronic data processing or record-keeping equipment, where the	21145
board determines such action is desirable. The authorization shall	21146
be signed by a majority of the members of the board and shall be	21147
filed in the office of the board of county commissioners.	21148

The county automatic data processing board may establish an	21149
automatic data processing center which shall provide a centralized	21150
system for the use of automatic or electronic data processing or	21151
record-keeping equipment, software, or services for all county	21152
offices.	21153

Sec. 307.843. The board of county commissioners may	21154
purchase, lease, or otherwise acquire any automatic or electronic	21155
data processing or record-keeping equipment, software, or services	21156
that the board determines is necessary, or that the county	21157
automatic data processing board or county board of information	21158
services and records management recommends, from funds budgeted	21159
and appropriated by the board of county commissioners for such	21160
purposes.	21161

Sec. 307.846. The county automatic data processing board may	21162
enter into a contract with the legislative authorities of any	21163
municipal corporation, township, port authority, water or sewer	21164
district, school district, library district, county law library	21165
association, health district, park district, soil and water	21166
conservation district, conservancy district, other taxing	21167
district, regional council established pursuant to Chapter 167. of	21168
the Revised Code, county land reutilization corporation organized	21169
under Chapter 1724. of the Revised Code, or otherwise or with the	21170
board of county commissioners or the automatic data processing	21171
board of any other county, or with any other federal or state	21172
governmental agency, and such authorities or entities may enter	21173
into contracts with the county automatic data processing board, to	21174
provide automatic or electronic data processing or record-keeping	21175
services to any of them. The board shall establish a schedule of	21176
charges upon which the cost of providing such services shall be	21177
based. All moneys collected by the board for services rendered	21178
pursuant to contracts entered into under this section shall be	21179
deposited in the county general fund; however, such moneys may be	21180
segregated into a special fund in the county treasury until the	21181
end of the calendar year. County offices may also be charged for	21182
such services and the appropriation so charged and the	21183
appropriation of the board so credited.	21184

Sec. 307.847. (A) In lieu of having a county records	21185
commission and a county microfilming board, a board of county	21186
commissioners may, by resolution, require the county automatic	21187
data processing board established under section 307.84 of the	21188
Revised Code to coordinate the management of information resources	21189
of the county, the records and information management operations	21190
of all county offices, and the various records and information	21191
technologies acquired and operated by county offices. The	21192
resolution requiring the board to assume these duties shall	21193
specify the date on which the county records commission and the	21194
county microfilming board no longer exist. If the duties of the	21195
county automatic data processing board are expanded under this	21196
section, the prosecuting attorney, county engineer, county	21197
coroner, sheriff, and a judge of the court of common pleas	21198
selected by a majority vote of all judges of the court shall be	21199
added to the membership of the board. Any of these additional	21200
members may designate a representative to serve on that member's	21201
behalf.	21202

After a resolution is adopted under this section, no county	21203
office shall purchase, lease, operate, or contract for the use of	21204
any automatic data processing equipment, software, or services;	21205
microfilming equipment or services; records center or archives	21206
facilities; or any other image processing or electronic data	21207
processing or record-keeping equipment, software, or services	21208
without prior approval of the board. The board may adopt such	21209
rules as it considers necessary for its operation, but no rule	21210
shall derogate the authority or responsibility of any county	21211
elected official. The board's rules may include any regulations or	21212
standards the board wishes to impose. For purposes of this	21213
section, "county office" means any officer, department, board,	21214
commission, agency, court, or other office of the county and the	21215
court of common pleas, except that in the case of microfilming	21216
equipment, "county office" does not include the county hospital	21217
when the county hospital uses microfilming to record and store for	21218
future access physical and psychiatric examinations or treatment	21219
records of its patients. The county hospital shall participate, at	21220
the request of the county automatic data processing board, in	21221
purchasing film and equipment and in entering into contracts for	21222
services for microfilming.	21223

(B) In the resolution expanding the duties of the county	21224
automatic data processing board adopted under this section, the	21225
board of county commissioners shall designate the date on which	21226
all equipment, records, files, effects, and other personal	21227
property; contractual obligations; and assets and liabilities of	21228
the county records commission and the county microfilming board	21229
shall be transferred to the county automatic data processing	21230
board.	21231

For purposes of succession of the functions, powers, duties,	21232
and obligations of the county records commission and the county	21233
microfilming board transferred and assigned to, devolved upon, and	21234
assumed by the county automatic data processing board under this	21235
section, the county automatic data processing board shall be	21236
deemed to constitute the continuation of the county records	21237
commission and the county microfilming board, as applicable.	21238

Any business, proceeding, or other matter undertaken or	21239
commenced by the county records commission or the county	21240
microfilming board pertaining to or connected with the functions,	21241
powers, duties, and obligations transferred or assigned and	21242
pending on the date of the transfer of duties to the county	21243
automatic data processing board shall be conducted, prosecuted or	21244
defended, and completed by the county automatic data processing	21245
board in the same manner and with the same effect as if conducted	21246
by the county records commission or the county microfilming board.	21247
In all such actions and proceedings, the county automatic data	21248
processing board shall be substituted as a party.	21249

All rules, acts, determinations, approvals, and decisions of	21250
the county records commission or the county microfilming board	21251
pertaining to the functions transferred and assigned under this	21252
section to the county automatic data processing board in force at	21253
the time of the transfer, assignment, assumption, or devolution	21254
shall continue in force as rules, acts, determinations, approvals,	21255
and decisions of the county automatic data processing board until	21256
duly modified or repealed by the board.	21257

Wherever the functions, powers, duties, and obligations of	21258
the county records commission or the county microfilming board are	21259
referred to or designated in any law, contract, or other document	21260
pertaining to those functions, powers, duties, and obligations,	21261
the reference or designation shall be deemed to refer to the	21262
county automatic data processing board, as appropriate.	21263

No existing right or remedy of any character shall be lost,	21264
impaired, or affected by reason of the transfer of duties to the	21265
county automatic data processing board, except insofar as those	21266
rights and remedies are administered by the county automatic data	21267
processing board.	21268

(C) Except for provisions regarding the microfilming, the	21269
county automatic data processing board shall have the powers,	21270
duties, and functions of the county records commission as provided	21271
in section 149.38 of the Revised Code and the county microfilming	21272
board as provided in section 307.802 of the Revised Code.	21273

(D) The county automatic data processing board may establish	21274
an automatic data processing center, microfilming center, records	21275
center, archives, and any other centralized or decentralized	21276
facilities it considers necessary to fulfill its duties. Any such	21277
centralized facilities shall be used by all county offices. The	21278
establishment of either centralized or decentralized facilities	21279
shall be contingent on the appropriation of funds by the board of	21280
county commissioners.	21281

The county auditor shall be the chief administrator of either	21282
centralized or decentralized facilities, as provided under section	21283
307.844 of the Revised Code.	21284

The county auditor shall prepare an annual estimate of the	21285
revenues and expenditures of the county automatic data processing	21286
board for the ensuing fiscal year and submit it to the board of	21287
county commissioners as provided in section 5705.28 of the Revised	21288
Code. The estimate shall be sufficient to take care of all the	21289
needs of the county automatic data processing board, including,	21290
but not limited to, salaries, rental, and purchase of equipment.	21291
The board's funds shall be disbursed by the county auditor's	21292
warrant drawn on the county treasury five days after receipt of a	21293
voucher approved by a majority of that board and by a majority of	21294
the board of county commissioners.	21295

On the first Monday in April of each year the county auditor	21296
shall file with the county automatic data processing board and the	21297
board of county commissioners a report of the operations of each	21298
center and a statement of each center's receipts and expenditures	21299
during the preceding calendar year.	21300

(E) With the approval of the board of county commissioners,	21301
the county automatic data processing board may enter into a	21302
contract with the legislative authority of any municipal	21303
corporation, township, port authority, water or sewer district,	21304
school district, library district, county law library association,	21305
health district, park district, soil and water conservation	21306
district, conservancy district, other taxing district, or regional	21307
council established under Chapter 167. of the Revised Code, or	21308
with the board of county commissioners or the automatic data	21309
processing board or microfilming board of any other county, or	21310
with any other federal or state governmental agency, and such	21311
authorities may enter into contracts with the county automatic	21312
data processing board to provide microfilming, automatic data	21313
processing, or other image processing or electronic data	21314
processing or record-keeping services to any of them. The board	21315
shall establish a schedule of charges upon which the cost of	21316
providing such services shall be based. All moneys collected by	21317
the board for services rendered pursuant to contracts entered into	21318
under this section shall be deposited in the county general fund,	21319
although these moneys may be segregated into a special fund in the	21320
county treasury until the end of the calendar year. County offices	21321
also may be charged for such services and the appropriations of	21322
those offices so charged and the appropriation of the county	21323
automatic data processing board so credited.	21324

Sec. 307.86. Anything to be purchased, leased, leased with	21325
an option or agreement to purchase, or constructed, including, but	21326
not limited to, any product, structure, construction,	21327
reconstruction, improvement, maintenance, repair, or service,	21328
except the services of an accountant, architect, attorney at law,	21329
physician, professional engineer, construction project manager,	21330
consultant, surveyor, or appraiser, by or on behalf of the county	21331
or contracting authority, as defined in section 307.92 of the	21332
Revised Code, at a cost in excess of twenty-five thousand dollars,	21333
except as otherwise provided in division (D) of section 713.23 and	21334
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,	21335
307.861, 339.05, 340.03, 340.033, 4115.31 to 4115.35, 5119.16,	21336
5513.01, 5543.19, 5713.01, and 6137.05 of the Revised Code, shall	21337
be obtained through competitive bidding. However, competitive	21338
bidding is not required when any of the following applies:	21339

(A) The board of county commissioners, by a unanimous vote of	21340
its members, makes a determination that a real and present	21341
emergency exists, and that determination and the reasons for it	21342
are entered in the minutes of the proceedings of the board, when	21343
either of the following applies:	21344

(1) The estimated cost is less than fifty thousand dollars.

21345

(2) There is actual physical disaster to structures, radio	21346
communications equipment, or computers.	21347

For purposes of this division, "unanimous vote" means all	21348
three members of a board of county commissioners when all three	21349
members are present, or two members of the board if only two	21350
members, constituting a quorum, are present.	21351

Whenever a contract of purchase, lease, or construction is	21352
exempted from competitive bidding under division (A)(1) of this	21353
section because the estimated cost is less than fifty thousand	21354
dollars, but the estimated cost is twenty-five thousand dollars or	21355
more, the county or contracting authority shall solicit informal	21356
estimates from no fewer than three persons who could perform the	21357
contract, before awarding the contract. With regard to each such	21358
contract, the county or contracting authority shall maintain a	21359
record of such estimates, including the name of each person from	21360
whom an estimate is solicited. The county or contracting authority	21361
shall maintain the record for the longer of at least one year	21362
after the contract is awarded or the amount of time the federal	21363
government requires.	21364

(B)(1) The purchase consists of supplies or a replacement or	21365
supplemental part or parts for a product or equipment owned or	21366
leased by the county, and the only source of supply for the	21367
supplies, part, or parts is limited to a single supplier.	21368

(2) The purchase consists of services related to information	21369
technology, such as programming services, that are proprietary or	21370
limited to a single source.	21371

(C) The purchase is from the federal government, the state,	21372
another county or contracting authority of another county, or a	21373
board of education, educational service center, township, or	21374
municipal corporation.	21375

(D) The purchase is made by a county department of job and	21376
family services under section 329.04 of the Revised Code and	21377
consists of family services duties or workforce development	21378
activities or is made by a county board of developmental	21379
disabilities under section 5126.05 of the Revised Code and	21380
consists of program services, such as direct and ancillary client	21381
services, child care, case management services, residential	21382
services, and family resource services.	21383

(E) The purchase consists of criminal justice services,	21384
social services programs, family services, or workforce	21385
development activities by the board of county commissioners from	21386
nonprofit corporations or associations under programs funded by	21387
the federal government or by state grants.	21388

(F) The purchase consists of any form of an insurance policy	21389
or contract authorized to be issued under Title XXXIX of the	21390
Revised Code or any form of health care plan authorized to be	21391
issued under Chapter 1751. of the Revised Code, or any combination	21392
of such policies, contracts, plans, or services that the	21393
contracting authority is authorized to purchase, and the	21394
contracting authority does all of the following:	21395

(1) Determines that compliance with the requirements of this	21396
section would increase, rather than decrease, the cost of the	21397
purchase;	21398

(2) Requests issuers of the policies, contracts, plans, or	21399
services to submit proposals to the contracting authority, in a	21400
form prescribed by the contracting authority, setting forth the	21401
coverage and cost of the policies, contracts, plans, or services	21402
as the contracting authority desires to purchase;	21403

(3) Negotiates with the issuers for the purpose of purchasing	21404
the policies, contracts, plans, or services at the best and lowest	21405
price reasonably possible.	21406

(G) The purchase consists of computer hardware, software, or	21407
consulting services that are necessary to implement a computerized	21408
case management automation project administered by the Ohio	21409
prosecuting attorneys association and funded by a grant from the	21410
federal government.	21411

(H) Child care services are purchased for provision to county	21412
employees.	21413

(I)(1) Property, including land, buildings, and other real	21414
property, is leased for offices, storage, parking, or other	21415
purposes, and all of the following apply:	21416

(a) The contracting authority is authorized by the Revised	21417
Code to lease the property.	21418

(b) The contracting authority develops requests for proposals	21419
for leasing the property, specifying the criteria that will be	21420
considered prior to leasing the property, including the desired	21421
size and geographic location of the property.	21422

(c) The contracting authority receives responses from	21423
prospective lessors with property meeting the criteria specified	21424
in the requests for proposals by giving notice in a manner	21425
substantially similar to the procedures established for giving	21426
notice under section 307.87 of the Revised Code.	21427

(d) The contracting authority negotiates with the prospective	21428
lessors to obtain a lease at the best and lowest price reasonably	21429
possible considering the fair market value of the property and any	21430
relocation and operational costs that may be incurred during the	21431
period the lease is in effect.	21432

(2) The contracting authority may use the services of a real	21433
estate appraiser to obtain advice, consultations, or other	21434
recommendations regarding the lease of property under this	21435
division.	21436

(J) The purchase is made pursuant to section 5139.34 or	21437
sections 5139.41 to 5139.46 of the Revised Code and is of programs	21438
or services that provide case management, treatment, or prevention	21439
services to any felony or misdemeanant delinquent, unruly youth,	21440
or status offender under the supervision of the juvenile court,	21441
including, but not limited to, community residential care, day	21442
treatment, services to children in their home, or electronic	21443
monitoring.	21444

(K) The purchase is made by a public children services agency	21445
pursuant to section 307.92 or 5153.16 of the Revised Code and	21446
consists of family services, programs, or ancillary services that	21447
provide case management, prevention, or treatment services for	21448
children at risk of being or alleged to be abused, neglected, or	21449
dependent children.	21450

(L) The purchase is to obtain the services of emergency	21451
medical service organizations under a contract made by the board	21452
of county commissioners pursuant to section 307.05 of the Revised	21453
Code with a joint emergency medical services district.	21454

(M) The county contracting authority determines that the use	21455
of competitive sealed proposals would be advantageous to the	21456
county and the contracting authority complies with section 307.862	21457
of the Revised Code.	21458

Any issuer of policies, contracts, plans, or services listed	21459
in division (F) of this section and any prospective lessor under	21460
division (I) of this section may have the issuer's or prospective	21461
lessor's name and address, or the name and address of an agent,	21462
placed on a special notification list to be kept by the	21463
contracting authority, by sending the contracting authority that	21464
name and address. The contracting authority shall send notice to	21465
all persons listed on the special notification list. Notices shall	21466
state the deadline and place for submitting proposals. The	21467
contracting authority shall mail the notices at least six weeks	21468
prior to the deadline set by the contracting authority for	21469
submitting proposals. Every five years the contracting authority	21470
may review this list and remove any person from the list after	21471
mailing the person notification of that action.	21472

Any contracting authority that negotiates a contract under	21473
division (F) of this section shall request proposals and negotiate	21474
with issuers in accordance with that division at least every three	21475
years from the date of the signing of such a contract, unless the	21476
parties agree upon terms for extensions or renewals of the	21477
contract. Such extension or renewal periods shall not exceed six	21478
years from the date the initial contract is signed.	21479

Any real estate appraiser employed pursuant to division (I)	21480
of this section shall disclose any fees or compensation received	21481
from any source in connection with that employment.	21482

Sec. 308.13. (A) The board of trustees of a regional airport	21483
authority or any officer or employee designated by such board may	21484
make any contract for the purchase of supplies or material or for	21485
labor for any work, under the supervision of the board, the cost	21486
of which shall not exceed fifteen thousand dollars. Except where	21487
the contract is for equipment, materials, or supplies available	21488
from a qualified nonprofit agency pursuant to sections 4115.31 to	21489
4115.35 of the Revised Code, when an expenditure, other than for	21490
the acquisition of real estate, the discharge of noncontractual	21491
claims, personal services, or for the product or services of	21492
public utilities, exceeds fifteen thousand dollars, such	21493
expenditure shall be made only after a notice calling for bids has	21494
been published once a week for three consecutive weeks in ~~at least~~	21495
~~one~~a newspaper of general circulation within the territorial	21496
boundaries of the regional airport authority, or as provided in	21497
section 7.16 of the Revised Code. If the bid is for a contract for	21498
the construction, demolition, alteration, repair, or	21499
reconstruction of an improvement, it shall meet the requirements	21500
of section 153.54 of the Revised Code. If the bid is for any other	21501
contract authorized by this section, it shall be accompanied by a	21502
good and approved bond with ample security conditioned on the	21503
carrying out of the contract. The board may let the contract to	21504
the lowest and best bidder. Such contract shall be in writing and	21505
shall be accompanied by or shall refer to plans and specifications	21506
for the work to be done, approved by the board. The plans and	21507
specifications shall at all times be made and considered part of	21508
the contract. Said contract shall be approved by the board and	21509
signed by its chief executive officer and by the contractor, and	21510
shall be executed in duplicate.	21511

(B) Whenever a board of trustees of a regional airport	21512
authority or any officer or employee designated by the board makes	21513
a contract for the purchase of supplies or material or for labor	21514
for any work, the cost of which is greater than one thousand	21515
dollars but no more than fifteen thousand dollars, the board or	21516
designated officer or employee shall solicit informal estimates	21517
from no fewer than three potential suppliers before awarding the	21518
contract. With regard to each such contract, the board shall	21519
maintain a record of such estimates, including the name of each	21520
person from whom an estimate is solicited, for no less than one	21521
year after the contract is awarded.	21522

Sec. 309.09. (A) The prosecuting attorney shall be the legal	21523
adviser of the board of county commissioners, board of elections,	21524
and all other county officers and boards, including all	21525
tax-supported public libraries, and any of them may require	21526
written opinions or instructions from the prosecuting attorney in	21527
matters connected with their official duties. The prosecuting	21528
attorney shall prosecute and defend all suits and actions which	21529
any such officer or board directs or to which it is a party, and	21530
no county officer may employ any other counsel or attorney at the	21531
expense of the county, except as provided in section 305.14 of the	21532
Revised Code.	21533

(B)(1) The prosecuting attorney shall be the legal adviser	21534
for all township officers, boards, and commissions, unless,	21535
subject to division (B)(2) of this section, the township has	21536
adopted a limited home rule government pursuant to Chapter 504. of	21537
the Revised Code and has not entered into a contract to have the	21538
prosecuting attorney serve as the township law director, in which	21539
case, subject to division (B)(2) of this section, the township law	21540
director, whether serving full-time or part-time, shall be the	21541
legal adviser for all township officers, boards, and commissions.	21542
When the board of township trustees finds it advisable or	21543
necessary to have additional legal counsel, it may employ an	21544
attorney other than the township law director or the prosecuting	21545
attorney of the county, either for a particular matter or on an	21546
annual basis, to represent the township and its officers, boards,	21547
and commissions in their official capacities and to advise them on	21548
legal matters. No such legal counsel may be employed, except on	21549
the order of the board of township trustees, duly entered upon its	21550
journal, in which the compensation to be paid for the legal	21551
services shall be fixed. The compensation shall be paid from the	21552
township fund.	21553

Nothing in this division confers any of the powers or duties	21554
of a prosecuting attorney under section 309.08 of the Revised Code	21555
upon a township law director.	21556

(2)(a) If any township in the county served by the	21557
prosecuting attorney has adopted any resolution regarding the	21558
operation of adult entertainment establishments pursuant to the	21559
authority that is granted under section 503.52 of the Revised Code	21560
or if a resolution of that nature has been adopted under section	21561
503.53 of the Revised Code in a township in the county served by	21562
the prosecuting attorney, all of the following apply:	21563

(i) Upon the request of a township in the county that has	21564
adopted, or in which has been adopted, a resolution of that nature	21565
that is made pursuant to division (E)(1)(c) of section 503.52 of	21566
the Revised Code, the prosecuting attorney shall prosecute and	21567
defend on behalf of the township in the trial and argument in any	21568
court or tribunal of any challenge to the validity of the	21569
resolution. If the challenge to the validity of the resolution is	21570
before a federal court, the prosecuting attorney may request the	21571
attorney general to assist the prosecuting attorney in prosecuting	21572
and defending the challenge and, upon the prosecuting attorney's	21573
making of such a request, the attorney general shall assist the	21574
prosecuting attorney in performing that service if the resolution	21575
was drafted in accordance with legal guidance provided by the	21576
attorney general as described in division (B)(2) of section 503.52	21577
of the Revised Code. The attorney general shall provide this	21578
assistance without charge to the township for which the service is	21579
performed. If a township adopts a resolution without the legal	21580
guidance of the attorney general, the attorney general is not	21581
required to provide assistance as described in this division to a	21582
prosecuting attorney.	21583

(ii) Upon the request of a township in the county that has	21584
adopted, or in which has been adopted, a resolution of that nature	21585
that is made pursuant to division (E)(1)(a) of section 503.52 of	21586
the Revised Code, the prosecuting attorney shall prosecute and	21587
defend on behalf of the township a civil action to enjoin the	21588
violation of the resolution in question.	21589

(iii) Upon the request of a township in the county that has	21590
adopted, or in which has been adopted, a resolution of that nature	21591
that is made pursuant to division (E)(1)(b) of section 503.52 of	21592
the Revised Code, the prosecuting attorney shall prosecute and	21593
defend on behalf of the township a civil action under Chapter	21594
3767. of the Revised Code to abate as a nuisance the place in the	21595
unincorporated area of the township at which the resolution is	21596
being or has been violated. Proceeds from the sale of personal	21597
property or contents seized pursuant to the action shall be	21598
applied and deposited in accordance with division (E)(1)(b) of	21599
section 503.52 of the Revised Code.	21600

(b) The provisions of division (B)(2)(a) of this section	21601
apply regarding all townships, including townships that have	21602
adopted a limited home rule government pursuant to Chapter 504. of	21603
the Revised Code, and regardless of whether a township that has so	21604
adopted a limited home rule government has entered into a contract	21605
with the prosecuting attorney as described in division (B) of	21606
section 504.15 of the Revised Code or has appointed a law director	21607
as described in division (A) of that section.	21608

The prosecuting attorney shall prosecute and defend in the	21609
actions and proceedings described in division (B)(2)(a) of this	21610
section without charge to the township for which the services are	21611
performed.	21612

(C) Whenever the board of county commissioners employs an	21613
attorney other than the prosecuting attorney of the county,	21614
without the authorization of the court of common pleas as provided	21615
in section 305.14 of the Revised Code, either for a particular	21616
matter or on an annual basis, to represent the board in its	21617
official capacity and to advise it on legal matters, the board	21618
shall enter upon its journal an order of the board in which the	21619
compensation to be paid for the legal services shall be fixed. The	21620
compensation shall be paid from the county general fund. The total	21621
compensation paid, in any year, by the board for legal services	21622
under this division shall not exceed the total annual compensation	21623
of the prosecuting attorney for that county.	21624

(D) The prosecuting attorney and the board of county	21625
commissioners jointly may contract with a board of park	21626
commissioners under section 1545.07 of the Revised Code for the	21627
prosecuting attorney to provide legal services to the park	21628
district the board of park commissioners operates.	21629

(E) The prosecuting attorney may be, in the prosecuting	21630
attorney's discretion and with the approval of the board of county	21631
commissioners, the legal adviser of a joint fire district created	21632
under section 505.371 of the Revised Code at no cost to the	21633
district or may be the legal adviser to the district under a	21634
contract that the prosecuting attorney and the district enter	21635
into, and that the board of county commissioner approves, to	21636
authorize the prosecuting attorney to provide legal services to	21637
the district.	21638

(F) The prosecuting attorney may be, in the prosecuting	21639
attorney's discretion and with the approval of the board of county	21640
commissioners, the legal adviser of a joint ambulance district	21641
created under section 505.71 of the Revised Code at no cost to the	21642
district or may be the legal adviser to the district under a	21643
contract that the prosecuting attorney and the district enter	21644
into, and that the board of county commissioners approves, to	21645
authorize the prosecuting attorney to provide legal services to	21646
the district.	21647

(G) The prosecuting attorney may be, in the prosecuting	21648
attorney's discretion and with the approval of the board of county	21649
commissioners, the legal adviser of a joint emergency medical	21650
services district created under section 307.052 of the Revised	21651
Code at no cost to the district or may be the legal adviser to the	21652
district under a contract that the prosecuting attorney and the	21653
district enter into, and that the board of county commissioners	21654
approves, to authorize the prosecuting attorney to provide legal	21655
services to the district.	21656

(H) The prosecuting attorney may be, in the prosecuting	21657
attorney's discretion and with the approval of the board of county	21658
commissioners, the legal adviser of a fire and ambulance district	21659
created under section 505.375 of the Revised Code at no cost to	21660
the district or may be the legal adviser to the district under a	21661
contract that the prosecuting attorney and the district enter	21662
into, and that the board of county commissioners approves, to	21663
authorize the prosecuting attorney to provide legal services to	21664
the district.	21665

(I) All money received pursuant to a contract entered into	21666
under division (D), (E), (F), (G), or (H) of this section shall be	21667
deposited into the prosecuting attorney's legal services fund,	21668
which shall be established in the county treasury of each county	21669
in which such a contract exists. Moneys in that fund may be	21670
appropriated only to the prosecuting attorney for the purpose of	21671
providing legal services to a park district, joint fire district,	21672
joint ambulance district, joint emergency medical services	21673
district, or a fire and ambulance district, as applicable, under a	21674
contract entered into under the applicable division.	21675

(J) The prosecuting attorney shall be the legal advisor of a	21676
lake facilities authority as provided in section 353.02 of the	21677
Revised Code.	21678

Sec. 311.29. (A) As used in this section, "Chautauqua	21679
assembly" has the same meaning as in section 4511.90 of the	21680
Revised Code.	21681

(B) The sheriff may, from time to time, enter into contracts	21682
with any municipal corporation, township, township police	21683
district, joint police district, metropolitan housing authority,	21684
port authority, water or sewer district, school district, library	21685
district, health district, park district created pursuant to	21686
section 511.18 or 1545.01 of the Revised Code, soil and water	21687
conservation district, water conservancy district, or other taxing	21688
district or with the board of county commissioners of any	21689
contiguous county with the concurrence of the sheriff of the other	21690
county, and such subdivisions, authorities, and counties may enter	21691
into agreements with the sheriff pursuant to which the sheriff	21692
undertakes and is authorized by the contracting subdivision,	21693
authority, or county to perform any police function, exercise any	21694
police power, or render any police service in behalf of the	21695
contracting subdivision, authority, or county, or its legislative	21696
authority, that the subdivision, authority, or county, or its	21697
legislative authority, may perform, exercise, or render.	21698

Upon the execution of an agreement under this division and	21699
within the limitations prescribed by it, the sheriff may exercise	21700
the same powers as the contracting subdivision, authority, or	21701
county possesses with respect to such policing that by the	21702
agreement the sheriff undertakes to perform or render, and all	21703
powers necessary or incidental thereto, as amply as such powers	21704
are possessed and exercised by the contracting subdivision,	21705
authority, or county directly.	21706

Any agreement authorized by division (A), (B), or (C) of this	21707
section shall not suspend the possession by a contracting	21708
subdivision, authority, or county of any police power performed or	21709
exercised or police service rendered in pursuance to the agreement	21710
nor limit the authority of the sheriff.	21711

(C) The sheriff may enter into contracts with any Chautauqua	21712
assembly that has grounds located within the county, and the	21713
Chautauqua assembly may enter into agreements with the sheriff	21714
pursuant to which the sheriff undertakes to perform any police	21715
function, exercise any police power, or render any police service	21716
upon the grounds of the Chautauqua assembly that the sheriff is	21717
authorized by law to perform, exercise, or render in any other	21718
part of the county within the sheriff's territorial jurisdiction.	21719
Upon the execution of an agreement under this division, the	21720
sheriff may, within the limitations prescribed by the agreement,	21721
exercise such powers with respect to such policing upon the	21722
grounds of the Chautauqua assembly, provided that any limitation	21723
contained in the agreement shall not be construed to limit the	21724
authority of the sheriff.	21725

(D) Contracts entered into under division (A), (B), or (C) of	21726
this section shall provide for the reimbursement of the county for	21727
the costs incurred by the sheriff for such policing including, but	21728
not limited to, the salaries of deputy sheriffs assigned to such	21729
policing, the current costs of funding retirement pensions and of	21730
providing workers' compensation, the cost of training, and the	21731
cost of equipment and supplies used in such policing, to the	21732
extent that such equipment and supplies are not directly furnished	21733
by the contracting subdivision, authority, county, or Chautauqua	21734
assembly. Each such contract shall provide for the ascertainment	21735
of such costs and shall be of any duration, not in excess of four	21736
years, and may contain any other terms that may be agreed upon.	21737
All payments pursuant to any such contract in reimbursement of the	21738
costs of such policing shall be made to the treasurer of the	21739
county to be credited to a special fund to be known as the	21740
"sheriff's policing revolving fund," hereby created. Any moneys	21741
coming into the fund shall be used for the purposes provided in	21742
divisions (A) to (D) of this section and paid out on vouchers by	21743
the county commissioners as other funds coming into their	21744
possession. Any moneys credited to the fund and not obligated at	21745
the termination of the contract shall be credited to the county	21746
general fund.	21747

The sheriff shall assign the number of deputies as may be	21748
provided for in any contract made pursuant to division (A), (B),	21749
or (C) of this section. The number of deputies regularly assigned	21750
to such policing shall be in addition to and an enlargement of the	21751
sheriff's regular number of deputies. Nothing in divisions (A) to	21752
(D) of this section shall preclude the sheriff from temporarily	21753
increasing or decreasing the deputies so assigned as emergencies	21754
indicate a need for shifting assignments to the extent provided by	21755
the contracts.	21756

All such deputies shall have the same powers and duties, the	21757
same qualifications, and be appointed and paid and receive the	21758
same benefits and provisions and be governed by the same laws as	21759
all other deputy sheriffs.	21760

Contracts under division (A), (B), or (C) of this section may	21761
be entered into jointly with the board of county commissioners,	21762
and sections 307.14 to 307.19 of the Revised Code apply to this	21763
section insofar as they may be applicable.	21764

(E)(1) As used in division (E) of this section:

21765

(a) "Ohio prisoner" has the same meaning as in section	21766
5120.64 of the Revised Code.	21767

(b) "Out-of-state prisoner" and "private contractor" have the	21768
same meanings as in section 9.07 of the Revised Code.	21769

(2) The sheriff may enter into a contract with a private	21770
person or entity for the return of Ohio prisoners who are the	21771
responsibility of the sheriff from outside of this state to a	21772
location in this state specified by the sheriff, if there are	21773
adequate funds appropriated by the board of county commissioners	21774
and there is a certification pursuant to division (D) of section	21775
5705.41 of the Revised Code that the funds are available for this	21776
purpose. A contract entered into under this division is within the	21777
coverage of section 325.07 of the Revised Code. If a sheriff	21778
enters into a contract as described in this division, subject to	21779
division (E)(3) of this section, the private person or entity in	21780
accordance with the contract may return Ohio prisoners from	21781
outside of this state to locations in this state specified by the	21782
sheriff. A contract entered into under this division shall include	21783
all of the following:	21784

(a) Specific provisions that assign the responsibility for	21785
costs related to medical care of prisoners while they are being	21786
returned that is not covered by insurance of the private person or	21787
entity;	21788

(b) Specific provisions that set forth the number of days,	21789
not exceeding ten, within which the private person or entity,	21790
after it receives the prisoner in the other state, must deliver	21791
the prisoner to the location in this state specified by the	21792
sheriff, subject to the exceptions adopted as described in	21793
division (E)(2)(c) of this section;	21794

(c) Any exceptions to the specified number of days for	21795
delivery specified as described in division (E)(2)(b) of this	21796
section;	21797

(d) A requirement that the private person or entity	21798
immediately report all escapes of prisoners who are being returned	21799
to this state, and the apprehension of all prisoners who are being	21800
returned and who have escaped, to the sheriff and to the local law	21801
enforcement agency of this state or another state that has	21802
jurisdiction over the place at which the escape occurs;	21803

(e) A schedule of fines that the sheriff shall impose upon	21804
the private person or entity if the private person or entity fails	21805
to perform its contractual duties, and a requirement that, if the	21806
private person or entity fails to perform its contractual duties,	21807
the sheriff shall impose a fine on the private person or entity	21808
from the schedule of fines and, in addition, may exercise any	21809
other rights the sheriff has under the contract.	21810

(f) If the contract is entered into on or after the effective	21811
date of the rules adopted by the department of rehabilitation and	21812
correction under section 5120.64 of the Revised Code, specific	21813
provisions that comport with all applicable standards that are	21814
contained in those rules.	21815

(3) If the private person or entity that enters into the	21816
contract fails to perform its contractual duties, the sheriff	21817
shall impose upon the private person or entity a fine from the	21818
schedule, the money paid in satisfaction of the fine shall be paid	21819
into the county treasury, and the sheriff may exercise any other	21820
rights the sheriff has under the contract. If a fine is imposed	21821
under this division, the sheriff may reduce the payment owed to	21822
the private person or entity pursuant to any invoice in the amount	21823
of the fine.	21824

(4) Upon the effective date of the rules adopted by the	21825
department of rehabilitation and correction under section 5120.64	21826
of the Revised Code, notwithstanding the existence of a contract	21827
entered into under division (E)(2) of this section, in no case	21828
shall the private person or entity that is a party to the contract	21829
return Ohio prisoners from outside of this state into this state	21830
for a sheriff unless the private person or entity complies with	21831
all applicable standards that are contained in the rules.	21832

(5) Divisions (E)(1) to (4) of this section do not apply	21833
regarding any out-of-state prisoner who is brought into this state	21834
to be housed pursuant to section 9.07 of the Revised Code in a	21835
correctional facility in this state that is managed and operated	21836
by a private contractor.	21837

Sec. 311.31. (A) The board of county commissioners of a	21838
county may establish, by resolution, a voluntary motor vehicle	21839
decal registration program to be controlled and conducted by the	21840
sheriff within the unincorporated areas of the county. The board	21841
may establish a fee for participation in the program in an amount	21842
sufficient to cover the cost of administering the program and the	21843
cost of the decals. The board shall coordinate its program with	21844
any pre-existing program established by a township located within	21845
the county under section 505.67 of the Revised Code.	21846

(B) Any resident of the county may enroll a motor vehicle	21847
that hethe resident owns in the program by signing a consent	21848
form, displaying the decal issued under this section, and paying	21849
the prescribed fee. The motor vehicle owner shall remove the decal	21850
to withdraw from the program and also prior to the sale or	21851
transfer of ownership of the vehicle. Any law enforcement officer	21852
may conduct, at any place within this state at which the officer	21853
would be permitted to arrest the person operating the vehicle, an	21854
investigatory stop of any motor vehicle displaying a decal issued	21855
under this section when the vehicle is being driven between the	21856
hours of one a.m. and five a.m. A law enforcement officer may	21857
conduct an investigatory stop under this division regardless of	21858
whether the officer observes a violation of law involving the	21859
vehicle or whether hethe officer has probable cause to believe	21860
that any violation of law involving the vehicle has occurred.	21861

(C) The consent form required under division (B) of this	21862
section shall:	21863

(1) Describe the conditions for participation in the program,	21864
including a description of an investigatory stop and a statement	21865
that any law enforcement officer may conduct, at any place within	21866
this state at which the officer would be permitted to arrest the	21867
person operating the vehicle, an investigatory stop of the motor	21868
vehicle when it is being driven between the hours of one a.m. and	21869
five a.m.	21870

(2) Contain other information identifying the vehicle and	21871
owner as the sheriff considers necessary.	21872

(D) The state director of public safety, in accordance with	21873
Chapter 119. of the Revised Code, shall adopt rules governing the	21874
color, size, and design of decals issued under this section and	21875
the location where the decals shall be displayed on vehicles that	21876
are enrolled in the program.	21877

(E) Divisions (A) to (D) of this section do not require a law	21878
enforcement officer to conduct an investigatory stop of a vehicle	21879
displaying a decal issued under this section.	21880

(F) As used in this section:

21881

(1) "Investigatory stop" means a temporary stop of a motor	21882
vehicle and its operator and occupants for purposes of determining	21883
the identity of the person who is operating the vehicle and, if	21884
the person who is operating it is not its owner, whether any	21885
violation of law has occurred or is occurring. An "investigatory	21886
stop" is not an arrest, but, if an officer who conducts an	21887
investigatory stop determines that illegal conduct has occurred or	21888
is ~~occuring~~occurring, an "investigatory stop" may be the basis	21889
for an arrest.	21890

(2) "Law enforcement officer" means a sheriff, deputy	21891
sheriff, constable, police officer of a township or joint ~~township~~	21892
police district, marshal, deputy marshal, municipal police	21893
officer, or state highway patrol trooper.	21894

Sec. 317.06. (A) Each county recorder who is newly elected	21895
to a full term of office shall attend and successfully complete at	21896
least fifteen hours of continuing education courses during the	21897
first year of the recorder's term of office and complete at least	21898
another eight hours of such courses each year of the remaining	21899
term. Each county recorder who is elected to a subsequent term of	21900
office shall attend and successfully complete at least eight hours	21901
of such courses in each year of any subsequent term of office. To	21902
be counted toward the continuing education hours required by this	21903
section, a course must be approved by the Ohio recorders'	21904
association. Any county recorder who teaches an approved course	21905
shall be entitled to credit for the course in the same manner as	21906
if the county recorder had attended the course.	21907

The Ohio recorders' association shall record and, upon	21908
request, verify the completion of required course work for each	21909
county recorder and issue a statement to each county recorder of	21910
the number of hours of continuing education the county recorder	21911
has successfully completed. Each year the association shall send a	21912
list of the continuing education courses, and the number of hours	21913
each county recorder has successfully completed, to the auditor of	21914
state and shall provide a copy of this list to any other	21915
individual who requests it.	21916

The association shall issue a "failure to complete notice" to	21917
any county recorder required to complete continuing education	21918
courses under this section who fails to successfully complete at	21919
least fifteen hours of continuing education courses during the	21920
first year of the county recorder's first term of office or to	21921
complete a total of at least thirty-nine hours of such courses,	21922
including the fifteen hours completed in the first year of the	21923
first term, by the end of that term. The association shall issue a	21924
"failure to complete notice" to any county recorder required to	21925
complete continuing education courses under this section who fails	21926
to successfully complete at least eight hours of continuing	21927
education courses each year of any subsequent term of office or to	21928
complete a total of at least thirty-two hours of such courses, by	21929
the end of that subsequent term. The notice is for informational	21930
purposes only and does not affect any individual's ability to hold	21931
the office of county recorder.	21932

(B) Each board of county commissioners shall approve, from	21933
money appropriated to the county recorder, a reasonable amount	21934
requested by the county recorder of its county to cover the costs	21935
the county recorder must incur to meet the requirements of	21936
division (A) of this section, including registration fees, lodging	21937
and meal expenses, and travel expenses.	21938

Sec. 317.20. (A) When, in the opinion of the board of county	21939
commissioners, sectional indexes are needed and it so directs, in	21940
addition to the alphabetical indexes provided for in section	21941
317.18 of the Revised Code, the board may provide for making, in	21942
books prepared for that purpose, sectional indexes to the records	21943
of all real estate in the county beginning with some designated	21944
year and continuing through the period of years that the board	21945
specifies. The sectional indexes shall place under the heads of	21946
the original surveyed sections or surveys, parts of a section or	21947
survey, squares, subdivisions, permanent parcel numbers provided	21948
for under section 319.28 of the Revised Code, or lots, on the	21949
left-hand page or on the upper portion of that page of the index	21950
book, the name of the grantor, then the name of the grantee, then	21951
the number and page of the record in which the instrument is found	21952
recorded, then the character of the instrument, and then a	21953
pertinent description of the interest in property conveyed by the	21954
deed, lease, or assignment of lease and shall place under similar	21955
headings on the right-hand page or on the lower portion of that	21956
page of the index book, beginning at the bottom, all the	21957
mortgages, liens, notices provided for in sections 5301.51,	21958
5301.52, and 5301.56 of the Revised Code, or other encumbrances	21959
affecting the real estate.	21960

(B) The compensation for the services rendered under this	21961
section shall be paid from the general revenue fund of the county,	21962
and no additional levy shall be made in consequence of the	21963
services.	21964

(C) If the board of county commissioners decides to have	21965
sectional indexes made, it shall advertise for three consecutive	21966
weeks in one newspaper of general circulation in the county or as	21967
provided in section 7.16 of the Revised Code for sealed proposals	21968
to do the work provided for in this section, shall contract with	21969
the lowest and best bidder, and shall require the successful	21970
bidder to give a bond for the faithful performance of the contract	21971
in the sum that the board fixes. The work shall be done to the	21972
acceptance of the auditor of state upon allowance by the board.	21973
The board may reject any and all bids for the work, provided that	21974
no more than five cents shall be paid for each entry of each tract	21975
or lot of land.	21976

(D) When the sectional indexes are brought up and completed,	21977
the county recorder shall maintain the indexes and comply with	21978
division (E) of this section in connection with registered land.	21979

(E)(1) As used in division (E) of this section, "housing	21980
accommodations" and "restrictive covenant" have the same meanings	21981
as in section 4112.01 of the Revised Code.	21982

(2) In connection with any transfer of registered land that	21983
occurs on and after ~~the effective date of this amendment~~March30,	21984
1999, in accordance with Chapters 5309. and 5310. of the Revised	21985
Code, the county recorder shall delete from the sectional indexes	21986
maintained under this section all references to any restrictive	21987
covenant that appears to apply to the transferred registered land,	21988
if any inclusion of the restrictive covenant in a transfer,	21989
rental, or lease of housing accommodations, any honoring or	21990
exercising of the restrictive covenant, or any attempt to honor or	21991
exercise the restrictive covenant constitutes an unlawful	21992
discriminatory practice under division (H)(9) of section 4112.02	21993
of the Revised Code.	21994

Sec. 319.11. The county auditor shall, on or before ninety	21995
days after the close of the fiscal year, prepare a financial	21996
report of the county for the preceding fiscal year in such form as	21997
prescribed by the auditor of state. Upon completing the report,	21998
the county auditor shall publish notice that the report has been	21999
completed and is available for public inspection at the office of	22000
the county auditor. The notice shall be published once in ~~two~~	22001
~~newspapers~~a newspaper of general circulation ~~published~~ in the	22002
county~~, except that if only one newspaper is published in the~~	22003
~~county, then publication in only one newspaper is required, and~~	22004
if. If there ~~are~~is no ~~newspapers~~newspaper of general circulation	22005
in the county, then publication is required in the newspaper of	22006
general circulation in an adjoining county that has the largest	22007
circulation in ~~the~~that adjoining county. The report shall contain	22008
at least the information required by section 117.38 of the Revised	22009
Code, and a copy shall be filed with the auditor of state.	22010

No county auditor shall fail or neglect to prepare the report	22011
or publish notice of completion of the report as required by this	22012
section.	22013

Sec. 319.301. (A) The reductions required by division (D) of	22014
this section do not apply to any of the following:	22015

(1) Taxes levied at whatever rate is required to produce a	22016
specified amount of tax money, including a tax levied under	22017
section 5705.199 or, 5705.211, or 5748.09 of the Revised Code, or	22018
an amount to pay debt charges;	22019

(2) Taxes levied within the one per cent limitation imposed	22020
by Section 2 of Article XII, Ohio Constitution;	22021

(3) Taxes provided for by the charter of a municipal	22022
corporation.	22023

(B) As used in this section:

22024

(1) "Real property" includes real property owned by a	22025
railroad.	22026

(2) "Carryover property" means all real property on the	22027
current year's tax list except:	22028

(a) Land and improvements that were not taxed by the district	22029
in both the preceding year and the current year;	22030

(b) Land and improvements that were not in the same class in	22031
both the preceding year and the current year.	22032

(3) "Effective tax rate" means with respect to each class of	22033
property:	22034

(a) The sum of the total taxes that would have been charged	22035
and payable for current expenses against real property in that	22036
class if each of the district's taxes were reduced for the current	22037
year under division (D)(1) of this section without regard to the	22038
application of division (E)(3) of this section divided by	22039

(b) The taxable value of all real property in that class.

22040

(4) "Taxes charged and payable" means the taxes charged and	22041
payable prior to any reduction required by section 319.302 of the	22042
Revised Code.	22043

(C) The tax commissioner shall make the determinations	22044
required by this section each year, without regard to whether a	22045
taxing district has territory in a county to which section 5715.24	22046
of the Revised Code applies for that year. Separate determinations	22047
shall be made for each of the two classes established pursuant to	22048
section 5713.041 of the Revised Code.	22049

(D) With respect to each tax authorized to be levied by each	22050
taxing district, the tax commissioner, annually, shall do both of	22051
the following:	22052

(1) Determine by what percentage, if any, the sums levied by	22053
such tax against the carryover property in each class would have	22054
to be reduced for the tax to levy the same number of dollars	22055
against such property in that class in the current year as were	22056
charged against such property by such tax in the preceding year	22057
subsequent to the reduction made under this section but before the	22058
reduction made under section 319.302 of the Revised Code. In the	22059
case of a tax levied for the first time that is not a renewal of	22060
an existing tax, the commissioner shall determine by what	22061
percentage the sums that would otherwise be levied by such tax	22062
against carryover property in each class would have to be reduced	22063
to equal the amount that would have been levied if the full rate	22064
thereof had been imposed against the total taxable value of such	22065
property in the preceding tax year. A tax or portion of a tax that	22066
is designated a replacement levy under section 5705.192 of the	22067
Revised Code is not a renewal of an existing tax for purposes of	22068
this division.	22069

(2) Certify each percentage determined in division (D)(1) of	22070
this section, as adjusted under division (E) of this section, and	22071
the class of property to which that percentage applies to the	22072
auditor of each county in which the district has territory. The	22073
auditor, after complying with section 319.30 of the Revised Code,	22074
shall reduce the sum to be levied by such tax against each parcel	22075
of real property in the district by the percentage so certified	22076
for its class. Certification shall be made by the first day of	22077
September except in the case of a tax levied for the first time,	22078
in which case certification shall be made within fifteen days of	22079
the date the county auditor submits the information necessary to	22080
make the required determination.	22081

(E)(1) As used in division (E)(2) of this section, "pre-1982	22082
joint vocational taxes" means, with respect to a class of	22083
property, the difference between the following amounts:	22084

(a) The taxes charged and payable in tax year 1981 against	22085
the property in that class for the current expenses of the joint	22086
vocational school district of which the school district is a part	22087
after making all reductions under this section;	22088

(b) The following percentage of the taxable value of all real	22089
property in that class:	22090

(i) In 1987, five one-hundredths of one per cent;

22091

(ii) In 1988, one-tenth of one per cent;

22092

(iii) In 1989, fifteen one-hundredths of one per cent;

22093

(iv) In 1990 and each subsequent year, two-tenths of one per	22094
cent.	22095

If the amount in division (E)(1)(b) of this section exceeds	22096
the amount in division (E)(1)(a) of this section, the pre-1982	22097
joint vocational taxes shall be zero.	22098

As used in divisions (E)(2) and (3) of this section, "taxes	22099
charged and payable" has the same meaning as in division (B)(4) of	22100
this section and excludes any tax charged and payable in 1985 or	22101
thereafter under sections 5705.194 to 5705.197 or section	22102
5705.199, 5705.213, or 5705.219, or 5748.09 of the Revised Code.	22103

(2) If in the case of a school district other than a joint	22104
vocational or cooperative education school district any percentage	22105
required to be used in division (D)(2) of this section for either	22106
class of property could cause the total taxes charged and payable	22107
for current expenses to be less than two per cent of the taxable	22108
value of all real property in that class that is subject to	22109
taxation by the district, the commissioner shall determine what	22110
percentages would cause the district's total taxes charged and	22111
payable for current expenses against that class, after all	22112
reductions that would otherwise be made under this section, to	22113
equal, when combined with the pre-1982 joint vocational taxes	22114
against that class, the lesser of the following:	22115

(a) The sum of the rates at which those taxes are authorized	22116
to be levied;	22117

(b) Two per cent of the taxable value of the property in that	22118
class. The auditor shall use such percentages in making the	22119
reduction required by this section for that class.	22120

(3)(a) If in the case of a joint vocational school district	22121
any percentage required to be used in division (D)(2) of this	22122
section for either class of property could cause the total taxes	22123
charged and payable for current expenses for that class to be less	22124
than the designated amount, the commissioner shall determine what	22125
percentages would cause the district's total taxes charged and	22126
payable for current expenses for that class, after all reductions	22127
that would otherwise be made under this section, to equal the	22128
designated amount. The auditor shall use such percentages in	22129
making the reductions required by this section for that class.	22130

(b) As used in division (E)(3)(a) of this section, the	22131
designated amount shall equal the taxable value of all real	22132
property in the class that is subject to taxation by the district	22133
times the lesser of the following:	22134

(i) Two-tenths of one per cent;

22135

(ii) The district's effective rate plus the following	22136
percentage for the year indicated:	22137

WHEN COMPUTING THE	ADD THE FOLLOWING	22138
TAXES CHARGED FOR	PERCENTAGE:	22139
1987	0.025%	22140
1988	0.05%	22141
1989	0.075%	22142
1990	0.1%	22143
1991	0.125%	22144
1992	0.15%	22145
1993	0.175%	22146
1994 and thereafter	0.2%	22147

(F) No reduction shall be made under this section in the rate	22148
at which any tax is levied.	22149

(G) The commissioner may order a county auditor to furnish	22150
any information the commissioner needs to make the determinations	22151
required under division (D) or (E) of this section, and the	22152
auditor shall supply the information in the form and by the date	22153
specified in the order. If the auditor fails to comply with an	22154
order issued under this division, except for good cause as	22155
determined by the commissioner, the commissioner shall withhold	22156
from such county or taxing district therein fifty per cent of	22157
state revenues to local governments pursuant to section 5747.50 of	22158
the Revised Code or shall direct the department of education to	22159
withhold therefrom fifty per cent of state revenues to school	22160
districts pursuant to ~~Chapters 3306. and~~Chapter 3317. of the	22161
Revised Code. The commissioner shall withhold the distribution of	22162
such revenues until the county auditor has complied with this	22163
division, and the department shall withhold the distribution of	22164
such revenues until the commissioner has notified the department	22165
that the county auditor has complied with this division.	22166

(H) If the commissioner is unable to certify a tax reduction	22167
factor for either class of property in a taxing district located	22168
in more than one county by the last day of November because	22169
information required under division (G) of this section is	22170
unavailable, the commissioner may compute and certify an estimated	22171
tax reduction factor for that district for that class. The	22172
estimated factor shall be based upon an estimate of the	22173
unavailable information. Upon receipt of the actual information	22174
for a taxing district that received an estimated tax reduction	22175
factor, the commissioner shall compute the actual tax reduction	22176
factor and use that factor to compute the taxes that should have	22177
been charged and payable against each parcel of property for the	22178
year for which the estimated reduction factor was used. The amount	22179
by which the estimated factor resulted in an overpayment or	22180
underpayment in taxes on any parcel shall be added to or	22181
subtracted from the amount due on that parcel in the ensuing tax	22182
year.	22183

A percentage or a tax reduction factor determined or computed	22184
by the commissioner under this section shall be used solely for	22185
the purpose of reducing the sums to be levied by the tax to which	22186
it applies for the year for which it was determined or computed.	22187
It shall not be used in making any tax computations for any	22188
ensuing tax year.	22189

(I) In making the determinations under division (D)(1) of	22190
this section, the tax commissioner shall take account of changes	22191
in the taxable value of carryover property resulting from	22192
complaints filed under section 5715.19 of the Revised Code for	22193
determinations made for the tax year in which such changes are	22194
reported to the commissioner. Such changes shall be reported to	22195
the commissioner on the first abstract of real property filed with	22196
the commissioner under section 5715.23 of the Revised Code	22197
following the date on which the complaint is finally determined by	22198
the board of revision or by a court or other authority with	22199
jurisdiction on appeal. The tax commissioner shall account for	22200
such changes in making the determinations only for the tax year in	22201
which the change in valuation is reported. Such a valuation change	22202
shall not be used to recompute the percentages determined under	22203
division (D)(1) of this section for any prior tax year.	22204

Sec. 319.54. (A) On all moneys collected by the county	22205
treasurer on any tax duplicate of the county, other than estate	22206
tax duplicates, and on all moneys received as advance payments of	22207
personal property and classified property taxes, the county	22208
auditor, on settlement with the treasurer and tax commissioner, on	22209
or before the date prescribed by law for such settlement or any	22210
lawful extension of such date, shall be allowed as compensation	22211
for the county auditor's services the following percentages:	22212

(1) On the first one hundred thousand dollars, two and	22213
one-half per cent;	22214

(2) On the next two million dollars, eight thousand three	22215
hundred eighteen ten-thousandths of one per cent;	22216

(3) On the next two million dollars, six thousand six hundred	22217
fifty-five ten-thousandths of one per cent;	22218

(4) On all further sums, one thousand six hundred sixty-three	22219
ten-thousandths of one per cent.	22220

If any settlement is not made on or before the date	22221
prescribed by law for such settlement or any lawful extension of	22222
such date, the aggregate compensation allowed to the auditor shall	22223
be reduced one per cent for each day such settlement is delayed	22224
after the prescribed date. No penalty shall apply if the auditor	22225
and treasurer grant all requests for advances up to ninety per	22226
cent of the settlement pursuant to section 321.34 of the Revised	22227
Code. The compensation allowed in accordance with this section on	22228
settlements made before the dates prescribed by law, or the	22229
reduced compensation allowed in accordance with this section on	22230
settlements made after the date prescribed by law or any lawful	22231
extension of such date, shall be apportioned ratably by the	22232
auditor and deducted from the shares or portions of the revenue	22233
payable to the state as well as to the county, townships,	22234
municipal corporations, and school districts.	22235

(B) For the purpose of reimbursing county auditors for the	22236
expenses associated with the increased number of applications for	22237
reductions in real property taxes under sections 323.152 and	22238
4503.065 of the Revised Code that result from the amendment of	22239
those sections by Am. Sub. H.B. 119 of the 127th general assembly,	22240
there shall be paid from the state's general revenue fund to the	22241
county treasury, to the credit of the real estate assessment fund	22242
created by section 325.31 of the Revised Code, an amount equal to	22243
one per cent of the total annual amount of property tax relief	22244
reimbursement paid to that county under sections 323.156 and	22245
4503.068 of the Revised Code for the preceding tax year. Payments	22246
made under this division shall be made at the same times and in	22247
the same manner as payments made under section 323.156 of the	22248
Revised Code.	22249

(C) From all moneys collected by the county treasurer on any	22250
tax duplicate of the county, other than estate tax duplicates, and	22251
on all moneys received as advance payments of personal property	22252
and classified property taxes, there shall be paid into the county	22253
treasury to the credit of the real estate assessment fund created	22254
by section 325.31 of the Revised Code, an amount to be determined	22255
by the county auditor, which shall not exceed the percentages	22256
prescribed in divisions (C)(1) and (2) of this section.	22257

(1) For payments made after June 30, 2007, and before 2011,	22258
the following percentages:	22259

(a) On the first five hundred thousand dollars, four per	22260
cent;	22261

(b) On the next five million dollars, two per cent;

22262

22263

(d) On all further sums not exceeding one hundred fifty	22264
million dollars, three-quarters of one per cent;	22265

(e) On amounts exceeding one hundred fifty million dollars,	22266
five hundred eighty-five thousandths of one per cent.	22267

(2) For payments made in or after 2011, the following	22268
percentages:	22269

(a) On the first five hundred thousand dollars, four per	22270
cent;	22271

(b) On the next ten million dollars, two per cent;

22272

(c) On amounts exceeding ten million five hundred thousand	22273
dollars, three-fourths of one per cent.	22274

Such compensation shall be apportioned ratably by the auditor	22275
and deducted from the shares or portions of the revenue payable to	22276
the state as well as to the county, townships, municipal	22277
corporations, and school districts.	22278

(D) Each county auditor shall receive four per cent of the	22279
amount of tax collected and paid into the county treasury, on	22280
property omitted and placed by the county auditor on the tax	22281
duplicate.	22282

(E) On all estate tax moneys collected by the county	22283
treasurer, the county auditor, on settlement semiannually with the	22284
tax commissioner, shall be allowed, as compensation for the	22285
auditor's services under Chapter 5731. of the Revised Code, the	22286
following percentages:	22287

(1) Four per cent on the first one hundred thousand dollars;

22288

(2) One-half of one per cent on all additional sums.

22289

Such percentages shall be computed upon the amount collected	22290
and reported at each semiannual settlement, and shall be for the	22291
use of the general fund of the county.	22292

(F) On all cigarette license moneys collected by the county	22293
treasurer, the county auditor, on settlement semiannually with the	22294
treasurer, shall be allowed as compensation for the auditor's	22295
services in the issuing of such licenses one-half of one per cent	22296
of such moneys, to be apportioned ratably and deducted from the	22297
shares of the revenue payable to the county and subdivisions, for	22298
the use of the general fund of the county.	22299

(G) The county auditor shall charge and receive fees as	22300
follows:	22301

(1) For deeds of land sold for taxes to be paid by the	22302
purchaser, five dollars;	22303

(2) For the transfer or entry of land, lot, or part of lot,	22304
or the transfer or entry on or after January 1, 2000, of a used	22305
manufactured home or mobile home as defined in section 5739.0210	22306
of the Revised Code, fifty cents for each transfer or entry, to be	22307
paid by the person requiring it;	22308

(3) For receiving statements of value and administering	22309
section 319.202 of the Revised Code, one dollar, or ten cents for	22310
each one hundred dollars or fraction of one hundred dollars,	22311
whichever is greater, of the value of the real property	22312
transferred or, for sales occurring on or after January 1, 2000,	22313
the value of the used manufactured home or used mobile home, as	22314
defined in section 5739.0210 of the Revised Code, transferred,	22315
except no fee shall be charged when the transfer is made:	22316

(a) To or from the United States, this state, or any	22317
instrumentality, agency, or political subdivision of the United	22318
States or this state;	22319

(b) Solely in order to provide or release security for a debt	22320
or obligation;	22321

(c) To confirm or correct a deed previously executed and	22322
recorded or when a current owner on any record made available to	22323
the general public on the internet or a publicly accessible	22324
database and the general tax list of real and public utility	22325
property and the general duplicate of real and public utility	22326
property is a peace officer, parole officer, prosecuting attorney,	22327
assistant prosecuting attorney, correctional employee, youth	22328
services employee, firefighter, EMT, or investigator of the bureau	22329
of criminal identification and investigation and is changing the	22330
current owner name listed on any record made available to the	22331
general public on the internet or a publicly accessible database	22332
and the general tax list of real and public utility property and	22333
the general duplicate of real and public utility property to the	22334
initials of the current owner as prescribed in division (B)(1) of	22335
section 319.28 of the Revised Code;	22336

(d) To evidence a gift, in trust or otherwise and whether	22337
revocable or irrevocable, between husband and wife, or parent and	22338
child or the spouse of either;	22339

(e) On sale for delinquent taxes or assessments;

22340

(f) Pursuant to court order, to the extent that such transfer	22341
is not the result of a sale effected or completed pursuant to such	22342
order;	22343

(g) Pursuant to a reorganization of corporations or	22344
unincorporated associations or pursuant to the dissolution of a	22345
corporation, to the extent that the corporation conveys the	22346
property to a stockholder as a distribution in kind of the	22347
corporation's assets in exchange for the stockholder's shares in	22348
the dissolved corporation;	22349

(h) By a subsidiary corporation to its parent corporation for	22350
no consideration, nominal consideration, or in sole consideration	22351
of the cancellation or surrender of the subsidiary's stock;	22352

(i) By lease, whether or not it extends to mineral or mineral	22353
rights, unless the lease is for a term of years renewable forever;	22354

(j) When the value of the real property or the manufactured	22355
or mobile home or the value of the interest that is conveyed does	22356
not exceed one hundred dollars;	22357

(k) Of an occupied residential property, including a	22358
manufactured or mobile home, being transferred to the builder of a	22359
new residence or to the dealer of a new manufactured or mobile	22360
home when the former residence is traded as part of the	22361
consideration for the new residence or new manufactured or mobile	22362
home;	22363

(l) To a grantee other than a dealer in real property or in	22364
manufactured or mobile homes, solely for the purpose of, and as a	22365
step in, the prompt sale of the real property or manufactured or	22366
mobile home to others;	22367

(m) To or from a person when no money or other valuable and	22368
tangible consideration readily convertible into money is paid or	22369
to be paid for the real estate or manufactured or mobile home and	22370
the transaction is not a gift;	22371

(n) Pursuant to division (B) of section 317.22 of the Revised	22372
Code, or section 2113.61 of the Revised Code, between spouses or	22373
to a surviving spouse pursuant to section 5302.17 of the Revised	22374
Code as it existed prior to April 4, 1985, between persons	22375
pursuant to section 5302.17 or 5302.18 of the Revised Code on or	22376
after April 4, 1985, to a person who is a surviving, survivorship	22377
tenant pursuant to section 5302.17 of the Revised Code on or after	22378
April 4, 1985, or pursuant to section 5309.45 of the Revised Code;	22379

(o) To a trustee acting on behalf of minor children of the	22380
deceased;	22381

(p) Of an easement or right-of-way when the value of the	22382
interest conveyed does not exceed one thousand dollars;	22383

(q) Of property sold to a surviving spouse pursuant to	22384
section 2106.16 of the Revised Code;	22385

(r) To or from an organization exempt from federal income	22386
taxation under section 501(c)(3) of the "Internal Revenue Code of	22387
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such	22388
transfer is without consideration and is in furtherance of the	22389
charitable or public purposes of such organization;	22390

(s) Among the heirs at law or devisees, including a surviving	22391
spouse, of a common decedent, when no consideration in money is	22392
paid or to be paid for the real property or manufactured or mobile	22393
home;	22394

(t) To a trustee of a trust, when the grantor of the trust	22395
has reserved an unlimited power to revoke the trust;	22396

(u) To the grantor of a trust by a trustee of the trust, when	22397
the transfer is made to the grantor pursuant to the exercise of	22398
the grantor's power to revoke the trust or to withdraw trust	22399
assets;	22400

(v) To the beneficiaries of a trust if the fee was paid on	22401
the transfer from the grantor of the trust to the trustee or if	22402
the transfer is made pursuant to trust provisions which became	22403
irrevocable at the death of the grantor;	22404

(w) To a corporation for incorporation into a sports facility	22405
constructed pursuant to section 307.696 of the Revised Code;	22406

(x) Between persons pursuant to section 5302.18 of the	22407
Revised Code;	22408

(y) From a county land reutilization corporation organized	22409
under Chapter 1724. of the Revised Code to a third party.	22410

(4) For the cost of publishing the delinquent manufactured	22411
home tax list, the delinquent tax list, and the delinquent vacant	22412
land tax list, a flat fee, as determined by the county auditor, to	22413
be charged to the owner of a home on the delinquent manufactured	22414
home tax list or the property owner of land on the delinquent tax	22415
list or the delinquent vacant land tax list.	22416

The auditor shall compute and collect the fee. The auditor	22417
shall maintain a numbered receipt system, as prescribed by the tax	22418
commissioner, and use such receipt system to provide a receipt to	22419
each person paying a fee. The auditor shall deposit the receipts	22420
of the fees on conveyances in the county treasury daily to the	22421
credit of the general fund of the county, except that fees charged	22422
and received under division (G)(3) of this section for a transfer	22423
of real property to a county land reutilization corporation shall	22424
be credited to the county land reutilization corporation fund	22425
established under section 321.263 of the Revised Code.	22426

The real property transfer fee provided for in division	22427
(G)(3) of this section shall be applicable to any conveyance of	22428
real property presented to the auditor on or after January 1,	22429
1968, regardless of its time of execution or delivery.	22430

The transfer fee for a used manufactured home or used mobile	22431
home shall be computed by and paid to the county auditor of the	22432
county in which the home is located immediately prior to the	22433
transfer.	22434

Sec. 321.18. As soon as sufficient funds are in the county	22435
treasury to redeem the warrants drawn on the treasury, and on	22436
which interest is accruing, the county treasurer shall give notice	22437
in a newspaper ~~published in and circulating~~of general circulation	22438
in ~~his~~the county that hethe treasurer is ready to redeem such	22439
warrants, and from the date of the notice the interest on such	22440
warrants shall cease.	22441

Sec. 321.261. (A) ~~Five~~In each county treasury there shall	22442
be created the treasurer's delinquent tax and assessment	22443
collection fund and the prosecuting attorney's delinquent tax and	22444
assessment collection fund. Except as otherwise provided in this	22445
division, two and one-half per cent of all delinquent real	22446
property, personal property, and manufactured and mobile home	22447
taxes and assessments collected by the county treasurer shall be	22448
deposited in the treasurer's delinquent tax and assessment	22449
collection fund, ~~which shall be created in the county treasury.~~	22450
~~Except as otherwise provided in division (D) of this section, the~~	22451
~~moneys in the fund, one-half of which shall be appropriated by the~~	22452
~~board of county commissioners to the treasurer and one-half of~~	22453
~~which shall be appropriated to the county prosecuting attorney,~~	22454
and two and one-half per cent of such delinquent taxes and	22455
assessments shall be deposited in the prosecuting attorney's	22456
delinquent tax and assessment collection fund. The board of county	22457
commissioners shall appropriate to the county treasurer from the	22458
treasurer's delinquent tax and assessment collection fund, and	22459
shall appropriate to the prosecuting attorney from the prosecuting	22460
attorney's delinquent tax and assessment collection fund, money to	22461
the credit of the respective fund, and except as provided in	22462
division (D) of this section, the appropriation shall be used only	22463
for the following purposes:	22464

(1) By the county treasurer ~~and~~or the county prosecuting	22465
attorney in connection with the collection of delinquent real	22466
property, personal property, and manufactured and mobile home	22467
taxes and assessments, including proceedings related to	22468
foreclosure of the state's lien for such taxes against such	22469
property;	22470

(2) With respect to any portion of the amount appropriated to	22471
~~the county treasurer~~from the treasurer's delinquent tax and	22472
assessment collection fund for the benefit of ~~the~~a county land	22473
reutilization corporation organized under Chapter 1724. of the	22474
Revised Code, ~~whether by transfer to or other application on~~	22475
~~behalf of,~~ the county land reutilization corporation. Upon the	22476
deposit of amounts in the treasurer's delinquent tax and	22477
assessment collection fund ~~of the county~~, any amounts allocated at	22478
the direction of the treasurer to the support of the county land	22479
reutilization corporation shall be paid out of such fund to the	22480
corporation upon a warrant of the county auditor.	22481

If the balance in the treasurer's or prosecuting attorney's	22482
delinquent tax and assessment collection fund exceeds three times	22483
the amount deposited into the fund in the preceding year, the	22484
treasurer or prosecuting attorney, on or before the twentieth day	22485
of October of the current year, may direct the county auditor to	22486
forgo the allocation of delinquent taxes and assessments to that	22487
officer's respective fund in the ensuing year. If the county	22488
auditor receives such direction, the auditor shall cause the	22489
portion of taxes and assessments that otherwise would be credited	22490
to the fund under this section in that ensuing year to be	22491
allocated and distributed among taxing units' funds as otherwise	22492
provided in this chapter and other applicable law.	22493

(B) During the period of time that a county land	22494
reutilization corporation is functioning as such on behalf of a	22495
county, the board of county commissioners, upon the request of the	22496
county treasurer, may designate by resolution that an additional	22497
amount, not exceeding five per cent of all collections of	22498
delinquent real property, personal property, and manufactured and	22499
mobile home taxes and assessments, shall be deposited in the	22500
treasurer's delinquent tax and assessment collection fund and be	22501
available for appropriation by the board for the use of the	22502
corporation. Any such amounts so deposited and appropriated under	22503
this division shall be paid out of the treasurer's delinquent tax	22504
and assessment collection fund to the corporation upon a warrant	22505
of the county auditor.	22506

(C) Annually by the first day of December, the county	22507
treasurer and the prosecuting attorney each shall submit a report	22508
to the board of county commissioners regarding the use of the	22509
moneys appropriated tofrom their respective ~~offices from the~~	22510
delinquent tax and assessment collection ~~fund~~funds. Each report	22511
shall specify the amount appropriated ~~to the office~~from the fund	22512
during the current calendar year, an estimate of the amount so	22513
appropriated that will be expended by the end of the year, a	22514
summary of how the amount appropriated has been expended in	22515
connection with delinquent tax collection activities or land	22516
reutilization, and an estimate of the amount that will be credited	22517
to the fund during the ensuing calendar year.	22518

The annual report of a county land reutilization corporation	22519
required by section 1724.05 of the Revised Code shall include	22520
information regarding the amount and use of the moneys that the	22521
corporation received from the treasurer's delinquent tax and	22522
assessment collection fund ~~of the county~~.	22523

(D)(1) In any county, if the county treasurer or prosecuting	22524
attorney determines that the ~~amount appropriated to the office~~	22525
~~from the county's~~balance to the credit of that officer's	22526
corresponding delinquent tax and assessment collection fund ~~under~~	22527
~~division (A) of this section~~ exceeds the amount required to be	22528
used as prescribed by ~~that~~ division (A) of this section, the	22529
county treasurer or prosecuting attorney may expend the excess to	22530
prevent residential mortgage foreclosures in the county and to	22531
address problems associated with other foreclosed real property.	22532
The amount used for that purpose in any year may not exceed the	22533
amount that would cause the fund to have a reserve of less than	22534
twenty per cent of the amount expended in the preceding year for	22535
the purposes of division (A) of this section. The county treasurer	22536
or prosecuting attorney may not expend any money from the	22537
officer's fund for the purpose of land reutilization unless the	22538
county treasurer or prosecuting attorney obtains the approval of	22539
the county investment advisory committee established under section	22540
135.341 of the Revised Code.	22541

Money authorized to be expended under division (D)(1) of this	22542
section shall be used to provide financial assistance in the form	22543
of loans to borrowers in default on their home mortgages,	22544
including for the payment of late fees, to clear arrearage	22545
balances, and to augment moneys used in the county's foreclosure	22546
prevention program. The money also may be used to assist municipal	22547
corporations or townships in the county, upon their application to	22548
the county treasurer, prosecuting attorney, or the county	22549
department of development, in the nuisance abatement of	22550
deteriorated residential buildings in foreclosure, or vacant,	22551
abandoned, tax-delinquent, or blighted real property, including	22552
paying the costs of boarding up such buildings, lot maintenance,	22553
and demolition.	22554

(2) In a county having a population of more than one hundred	22555
thousand according to the department of development's 2006 census	22556
estimate, if the county treasurer or prosecuting attorney	22557
determines that the ~~amount appropriated to the office from the~~	22558
~~county's~~balance to the credit of that officer's corresponding	22559
delinquent tax and assessment collection fund ~~under division (A)~~	22560
~~of this section~~ exceeds the amount required to be used as	22561
prescribed by ~~that~~ division (A) of this section, the county	22562
treasurer or prosecuting attorney may expend the excess to assist	22563
townships or municipal corporations located in the county as	22564
provided in division (D)(2) of this section, provided that the	22565
combined amount so expended each year in a county shall not exceed	22566
three million dollars. Upon application for the funds by a	22567
township or municipal corporation, the county treasurer ~~and~~or	22568
prosecuting attorney may assist the township or municipal	22569
corporation in abating foreclosed residential nuisances, including	22570
paying the costs of securing such buildings, lot maintenance, and	22571
demolition. At the prosecuting attorney's discretion, the	22572
prosecuting attorney also may apply the funds to costs of	22573
prosecuting alleged violations of criminal and civil laws	22574
governing real estate and related transactions, including fraud	22575
and abuse.	22576

Sec. 322.02. (A) For the purpose of paying the costs of	22577
enforcing and administering the tax and providing additional	22578
general revenue for the county, any county may levy and collect a	22579
tax to be known as the real property transfer tax on each deed	22580
conveying real property or any interest in real property located	22581
wholly or partially within the boundaries of the county at a rate	22582
not to exceed thirty cents per hundred dollars for each one	22583
hundred dollars or fraction thereof of the value of the real	22584
property or interest in real property located within the	22585
boundaries of the county granted, assigned, transferred, or	22586
otherwise conveyed by the deed. The tax shall be levied pursuant	22587
to a resolution adopted by the board of county commissioners of	22588
the county and, except as provided in division (A) of section	22589
322.07 of the Revised Code, shall be levied at a uniform rate upon	22590
all deeds as defined in division (D) of section 322.01 of the	22591
Revised Code. Prior to the adoption of any such resolution, the	22592
board of county commissioners shall conduct two public hearings	22593
thereon, the second hearing to be not less than three nor more	22594
than ten days after the first. Notice of the date, time, and place	22595
of the hearings shall be given by publication in a newspaper of	22596
general circulation in the county once a week on the same day of	22597
the week for two consecutive weeks~~, the~~or as provided in section	22598
7.16 of the Revised Code. The second publication ~~being~~shall be	22599
not less than ten nor more than thirty days prior to the first	22600
hearing. The tax shall be levied upon the grantor named in the	22601
deed and shall be paid by the grantor for the use of the county to	22602
the county auditor at the time of the delivery of the deed as	22603
provided in section 319.202 of the Revised Code and prior to the	22604
presentation of the deed to the recorder of the county for	22605
recording.	22606

(B) No resolution levying a real property transfer tax	22607
pursuant to this section or a manufactured home transfer tax	22608
pursuant to section 322.06 of the Revised Code shall be effective	22609
sooner than thirty days following its adoption. Such a resolution	22610
is subject to a referendum as provided in sections 305.31 to	22611
305.41 of the Revised Code, unless the resolution is adopted as an	22612
emergency measure necessary for the immediate preservation of the	22613
public peace, health, or safety, in which case it shall go into	22614
immediate effect. An emergency measure must receive an affirmative	22615
vote of all of the members of the board of commissioners, and	22616
shall state the reasons for the necessity. A resolution may direct	22617
the board of elections to submit the question of levying the tax	22618
to the electors of the county at the next primary or general	22619
election in the county occurring not less than ninety days after	22620
the resolution is certified to the board. No such resolution shall	22621
go into effect unless approved by a majority of those voting upon	22622
it.	22623

Sec. 322.021. The question of a repeal of a county	22624
permissive tax adopted as an emergency measure pursuant to	22625
division (B) of section 322.02 of the Revised Code may be	22626
initiated by filing with the board of elections of the county not	22627
less than ninety days before the general election in any year a	22628
petition requesting that an election be held on such question.	22629
Such petition shall be signed by qualified electors residing in	22630
the county equal in number to ten per cent of those voting for	22631
governor at the most recent gubernatorial election.	22632

After determination by it that such petition is valid, the	22633
board of elections shall submit the question to the electors of	22634
the county at the next general election. The election shall be	22635
conducted, canvassed, and certified in the same manner as regular	22636
elections for county offices in the county. Notice of the election	22637
shall be published in a newspaper of general circulation in the	22638
district once a week for two consecutive weeks prior to the	22639
election ~~and, if~~or as provided in section 7.16 of the Revised	22640
Code. If the board of elections operates and maintains a web site,	22641
notice of the election also shall be posted on that web site for	22642
thirty days prior to the election. The notice shall state the	22643
purpose, time, and place of the election. The form of the ballot	22644
cast at such election shall be prescribed by the secretary of	22645
state. The question covered by such petition shall be submitted as	22646
a separate proposition, but it may be printed on the same ballot	22647
with any other proposition submitted at the same election other	22648
than the election of officers. If a majority of the qualified	22649
electors voting on the question of repeal approve the repeal, the	22650
result of the election shall be certified immediately after the	22651
canvass by the board of elections to the board of county	22652
commissioners, who shall thereupon, after the current year, cease	22653
to levy the tax.	22654

Sec. 323.08. After certifying the tax list and duplicate	22655
pursuant to section 319.28 of the Revised Code, the county auditor	22656
shall deliver a list of the tax rates, tax reduction factors, and	22657
effective tax rates assessed and applied against each of the two	22658
classes of property of the county to the county treasurer, who	22659
shall immediately cause a schedule of such tax rates and effective	22660
rates to be published in a newspaper of ~~the type described in~~	22661
~~section 5721.01 of the Revised Code having~~ general circulation in	22662
the county or, in lieu of such publication, the county treasurer	22663
may insert a copy of such schedule with each tax bill mailed. Such	22664
schedule shall specify particularly the rates and effective rates	22665
of taxation levied for all purposes on the tax list and duplicate	22666
for the support of the various taxing units within the county,	22667
expressed in dollars and cents for each one thousand dollars of	22668
valuation. The effective tax rates shall be printed in boldface	22669
type.	22670

The county treasurer shall publish notice of the date of the	22671
last date for payment of each installment of taxes once a week for	22672
two successive weeks prior to such date in ~~two newspapers~~a	22673
newspaper of general circulation within the county or as provided	22674
in section 7.16 of the Revised Code. ~~If only one such newspaper~~	22675
~~exists, the notice shall be published in it.~~ The notice shall be	22676
inserted in a conspicuous place in ~~each~~the newspaper and shall	22677
also contain notice that any taxes paid after such date will	22678
accrue a penalty and interest and that failure to receive a tax	22679
bill will not avoid such penalty and interest. The notice shall	22680
contain a telephone number that may be called by taxpayers who	22681
have not received tax bills.	22682

As used in this section and section 323.131 of the Revised	22683
Code, "effective tax rate" means the effective rate after making	22684
the reduction required by section 319.301, but before making the	22685
reduction required by section 319.302 of the Revised Code.	22686

Sec. 323.73. (A) Except as provided in division (G) of this	22687
section or section 323.78 of the Revised Code, a parcel of	22688
abandoned land that is to be disposed of under this section shall	22689
be disposed of at a public auction scheduled and conducted as	22690
described in this section. At least twenty-one days prior to the	22691
date of the public auction, the clerk of court or sheriff of the	22692
county shall advertise the public auction in a newspaper of	22693
general circulation that meets the requirements of section 7.12 of	22694
the Revised Code in the county in which the land is located. The	22695
advertisement shall include the date, time, and place of the	22696
auction, the permanent parcel number of the land if a permanent	22697
parcel number system is in effect in the county as provided in	22698
section 319.28 of the Revised Code or, if a permanent parcel	22699
number system is not in effect, any other means of identifying the	22700
parcel, and a notice stating that the abandoned land is to be sold	22701
subject to the terms of sections 323.65 to 323.79 of the Revised	22702
Code.	22703

(B) The sheriff of the county or a designee of the sheriff	22704
shall conduct the public auction at which the abandoned land will	22705
be offered for sale. To qualify as a bidder, a person shall file	22706
with the sheriff on a form provided by the sheriff a written	22707
acknowledgment that the abandoned land being offered for sale is	22708
to be conveyed in fee simple to the successful bidder. At the	22709
auction, the sheriff of the county or a designee of the sheriff	22710
shall begin the bidding at an amount equal to the total of the	22711
impositions against the abandoned land, plus the costs apportioned	22712
to the land under section 323.75 of the Revised Code. The	22713
abandoned land shall be sold to the highest bidder. The county	22714
sheriff or designee may reject any and all bids not meeting the	22715
minimum bid requirements specified in this division.	22716

(C) Except as otherwise permitted under section 323.74 of the	22717
Revised Code, the successful bidder at a public auction conducted	22718
under this section shall pay the sheriff of the county or a	22719
designee of the sheriff a deposit of at least ten per cent of the	22720
purchase price in cash, or by bank draft or official bank check,	22721
at the time of the public auction, and shall pay the balance of	22722
the purchase price within thirty days after the day on which the	22723
auction was held. Notwithstanding section 321.261 of the Revised	22724
Code, with respect to any proceedings initiated pursuant to	22725
sections 323.65 to 323.79 of the Revised Code, from the total	22726
proceeds arising from the sale, transfer, or redemption of	22727
abandoned land, twenty per cent of such proceeds shall be	22728
deposited to the credit of the county treasurer's delinquent tax	22729
and assessment collection fund to reimburse the fund for costs	22730
paid from the fund for the transfer, redemption, or sale of	22731
abandoned land at public auction. Not more than one-half of the	22732
twenty per cent may be used by the treasurer for community	22733
development, nuisance abatement, foreclosure prevention,	22734
demolition, and related services or distributed by the treasurer	22735
to a land reutilization corporation. The balance of the proceeds,	22736
if any, shall be distributed to the appropriate political	22737
subdivisions and other taxing units in proportion to their	22738
respective claims for taxes, assessments, interest, and penalties	22739
on the land. Upon the sale of foreclosed lands, the clerk of court	22740
shall hold any surplus proceeds in excess of the impositions until	22741
the clerk receives an order of priority and amount of distribution	22742
of the surplus that are adjudicated by a court of competent	22743
jurisdiction or receives a certified copy of an agreement between	22744
the parties entitled to a share of the surplus providing for the	22745
priority and distribution of the surplus. Any party to the action	22746
claiming a right to distribution of surplus shall have a separate	22747
cause of action in the county or municipal court of the	22748
jurisdiction in which the land reposes, provided the board	22749
confirms the transfer or regularity of the sale. Any dispute over	22750
the distribution of the surplus shall not affect or revive the	22751
equity of redemption after the board confirms the transfer or	22752
sale.	22753

(D) Upon the sale or transfer of abandoned land pursuant to	22754
this section, the owner's fee simple interest in the land shall be	22755
conveyed to the purchaser. A conveyance under this division is	22756
free and clear of any liens and encumbrances of the parties named	22757
in the complaint for foreclosure attaching before the sale or	22758
transfer, and free and clear of any liens for taxes, except for	22759
federal tax liens and covenants and easements of record attaching	22760
before the sale.	22761

(E) The county board of revision shall reject the sale of	22762
abandoned land to any person if it is shown by a preponderance of	22763
the evidence that the person is delinquent in the payment of taxes	22764
levied by or pursuant to Chapter 307., 322., 324., 5737., 5739.,	22765
5741., or 5743. of the Revised Code or any real property taxing	22766
provision of the Revised Code. The board also shall reject the	22767
sale of abandoned land to any person if it is shown by a	22768
preponderance of the evidence that the person is delinquent in the	22769
payment of property taxes on any parcel in the county, or to a	22770
member of any of the following classes of parties connected to	22771
that person:	22772

(1) A member of that person's immediate family;

22773

(2) Any other person with a power of attorney appointed by	22774
that person;	22775

(3) A sole proprietorship owned by that person or a member of	22776
that person's immediate family;	22777

(4) A partnership, trust, business trust, corporation,	22778
association, or other entity in which that person or a member of	22779
that person's immediate family owns or controls directly or	22780
indirectly any beneficial or legal interest.	22781

(F) If the purchase of abandoned land sold pursuant to this	22782
section or section 323.74 of the Revised Code is for less than the	22783
sum of the impositions against the abandoned land and the costs	22784
apportioned to the land under division (A) of section 323.75 of	22785
the Revised Code, then, upon the sale or transfer, all liens for	22786
taxes due at the time the deed of the property is conveyed to the	22787
purchaser following the sale or transfer, and liens subordinate to	22788
liens for taxes, shall be deemed satisfied and discharged.	22789

(G) If the county board of revision finds that the total of	22790
the impositions against the abandoned land are greater than the	22791
fair market value of the abandoned land as determined by the	22792
auditor's then-current valuation of that land, the board, at any	22793
final hearing under section 323.70 of the Revised Code, may order	22794
the property foreclosed and, without an appraisal or public	22795
auction, order the sheriff to execute a deed to the certificate	22796
holder or county land reutilization corporation that filed a	22797
complaint under section 323.69 of the Revised Code, or to a	22798
community development organization, school district, municipal	22799
corporation, county, or township, whichever is applicable, as	22800
provided in section 323.74 of the Revised Code. Upon a transfer	22801
under this division, all liens for taxes due at the time the deed	22802
of the property is transferred to the certificate holder,	22803
community development organization, school district, municipal	22804
corporation, county, or township following the conveyance, and	22805
liens subordinate to liens for taxes, shall be deemed satisfied	22806
and discharged.	22807

Sec. 323.75. (A) The county treasurer or county prosecuting	22808
attorney shall apportion the costs of the proceedings with respect	22809
to abandoned lands offered for sale at a public auction held	22810
pursuant to section 323.73 or 323.74 of the Revised Code among	22811
those lands according to actual identified costs, equally, or in	22812
proportion to the fair market values of the lands. The costs of	22813
the proceedings include the costs of conducting the title search,	22814
notifying record owners or other persons required to be notified	22815
of the pending sale, advertising the sale, and any other costs	22816
incurred by the county board of revision, county treasurer, county	22817
auditor, clerk of court, prosecuting attorney, or county sheriff	22818
in performing their duties under sections 323.65 to 323.79 of the	22819
Revised Code.	22820

(B) All costs assessed in connection with proceedings under	22821
sections 323.65 to 323.79 of the Revised Code may be paid after	22822
they are incurred, as follows:	22823

(1) If the abandoned land in question is purchased at public	22824
auction, from the purchaser of the abandoned land;	22825

(2) In the case of abandoned land transferred to a community	22826
development organization, school district, municipal corporation,	22827
county, or township under section 323.74 of the Revised Code, from	22828
either of the following:	22829

(a) At the discretion of the county treasurer, in whole or in	22830
part from the delinquent tax and assessment collection ~~fund~~funds	22831
created under section 321.261 of the Revised Code, ~~in which case~~	22832
~~the amount shall be a prior charge to the fund before its equal~~	22833
~~allocation between~~allocated equally among the respective funds of	22834
the county treasurer and of the prosecuting attorney;	22835

(b) From the community development organization, school	22836
district, municipal corporation, county, or township, whichever is	22837
applicable.	22838

(3) If the abandoned land in question is transferred to a	22839
certificate holder, from the certificate holder.	22840

(C) If a parcel of abandoned land is sold or otherwise	22841
transferred pursuant to sections 323.65 to 323.79 of the Revised	22842
Code, the officer who conducted the sale or made the transfer, the	22843
prosecuting attorney, or the county treasurer may collect a	22844
recording fee from the purchaser or transferee of the parcel at	22845
the time of the sale or transfer and shall prepare the deed	22846
conveying title to the parcel or execute the deed prepared by the	22847
board for that purpose. That officer or the prosecuting attorney	22848
or treasurer is authorized to record on behalf of that purchaser	22849
or transferee the deed conveying title to the parcel,	22850
notwithstanding that the deed may not actually have been delivered	22851
to the purchaser or transferee prior to the recording of the deed.	22852
Receiving title to a parcel under sections 323.65 to 323.79 of the	22853
Revised Code constitutes the transferee's consent to an officer,	22854
prosecuting attorney, or county treasurer to file the deed to the	22855
parcel for recording. Nothing in this division shall be construed	22856
to require an officer, prosecuting attorney, or treasurer to file	22857
a deed or to relieve a transferee's obligation to file a deed.	22858
Upon confirmation of that sale or transfer, the deed shall be	22859
deemed delivered to the purchaser or transferee of the parcel.	22860

Sec. 324.02. For the purpose of providing additional general	22861
revenues for the county and paying the expense of administering	22862
such levy, any county may levy a county excise tax to be known as	22863
the utilities service tax on the charge for every utility service	22864
to customers within the county at a rate not to exceed two per	22865
cent of such charge. On utility service to customers engaged in	22866
business, the tax shall be imposed at a rate of one hundred fifty	22867
per cent of the rate imposed upon all other consumers within the	22868
county. The tax shall be levied pursuant to a resolution adopted	22869
by the board of county commissioners of the county and shall be	22870
levied at uniform rates required by this section upon all charges	22871
for utility service except as provided in section 324.03 of the	22872
Revised Code. The tax shall be levied upon the customer and shall	22873
be paid by the customer to the utility supplying the service at	22874
the time the customer pays the utility for the service. If the	22875
charge for utility service is billed to a person other than the	22876
customer at the request of such person, the tax commissioner of	22877
the state may, in accordance with section 324.04 of the Revised	22878
Code, provide for the levy of the tax against and the payment of	22879
the tax by such other person. Each utility furnishing a utility	22880
service the charge for which is subject to the tax shall set forth	22881
the tax as a separate item on each bill or statement rendered to	22882
the customer.	22883

Prior to the adoption of any resolution levying a utilities	22884
service tax the board of county commissioners shall conduct two	22885
public hearings thereon, the second hearing to be not less than	22886
three nor more than ten days after the first. Notice of the date,	22887
time, and place of such hearings shall be given by publication in	22888
a newspaper of general circulation in the county once a week on	22889
the same day of the week for two consecutive weeks~~, the~~or as	22890
provided in section 7.16 of the Revised Code. The second	22891
publication ~~being~~shall be not less than ten nor more than thirty	22892
days prior to the first hearing. No resolution levying a utilities	22893
service tax pursuant to this section of the Revised Code shall be	22894
effective sooner than thirty days following its adoption and such	22895
resolution is subject to a referendum as provided in sections	22896
305.31 to 305.41 of the Revised Code, unless such resolution is	22897
adopted as an emergency measure necessary for the immediate	22898
preservation of the public peace, health, or safety, in which case	22899
it shall go into immediate effect. Such emergency measure must	22900
receive an affirmative vote of all of the members of the board of	22901
commissioners, and shall state the reasons for such necessity. A	22902
resolution may direct the board of elections to submit the	22903
question of levying the tax to the electors of the county at the	22904
next primary or general election in the county occurring not less	22905
than ninety days after such resolution is certified to the board.	22906
No such resolution shall go into effect unless approved by a	22907
majority of those voting upon it. The tax levied by such	22908
resolution shall apply to all bills rendered subsequent to the	22909
sixtieth day after the effective date of the resolution. No bills	22910
shall be rendered out of the ordinary course of business to avoid	22911
payment of the tax.	22912

Sec. 324.021. The question of repeal of a county permissive	22913
tax adopted as an emergency measure pursuant to section 324.02 of	22914
the Revised Code may be initiated by filing with the board of	22915
elections of the county not less than ninety days before the	22916
general election in any year a petition requesting that an	22917
election be held on such question. Such petition shall be signed	22918
by qualified electors residing in the county equal in number to	22919
ten per cent of those voting for governor at the most recent	22920
gubernatorial election.	22921

After determination by it that such petition is valid, the	22922
board of elections shall submit the question to the electors of	22923
the county at the next general election. The election shall be	22924
conducted, canvassed, and certified in the same manner as regular	22925
elections for county offices in the county. Notice of the election	22926
shall be published in a newspaper of general circulation in the	22927
district once a week for two consecutive weeks prior to the	22928
election ~~and, if~~or as provided in section 7.16 of the Revised	22929
Code. If the board of elections operates and maintains a web site,	22930
notice of the election also shall be posted on that web site for	22931
thirty days prior to the election. The notice shall state the	22932
purpose, time, and place of the election. The form of the ballot	22933
cast at such election shall be prescribed by the secretary of	22934
state. The question covered by such petition shall be submitted as	22935
a separate proposition, but it may be printed on the same ballot	22936
with any other proposition submitted at the same election other	22937
than the election of officers. If a majority of the qualified	22938
electors voting on the question of repeal approve the repeal, the	22939
result of the election shall be certified immediately after the	22940
canvass by the board of elections to the board of county	22941
commissioners, who shall thereupon, after the current year, cease	22942
to levy the tax.	22943

Sec. 325.20. (A) Except as otherwise provided by law, no	22944
elected county officer and no deputy or employee of the county	22945
shall attend, at county expense, any association meeting,	22946
convention, or training sessions conducted pursuant to section	22947
901.10 of the Revised Code, unless authorized by the board of	22948
county commissioners. Before such allowance may be made, the head	22949
of the county office desiring it shall apply to the board in	22950
writing showing the necessity of such attendance and the probable	22951
costs to the county. If a majority of the members of the board	22952
approves the application, such expenses shall be paid from the	22953
moneys appropriated to such office for traveling expenses.	22954

(B) The board of county commissioners shall approve or	22955
disapprove any travel outside this state if the travel expenses	22956
will or may be in excess of one hundred dollars and will or may be	22957
paid for from funds in either of the delinquent tax and assessment	22958
collection ~~fund~~funds created in section 321.261 of the Revised	22959
Code or the real estate assessment fund created in section 325.31	22960
of the Revised Code. The head of the county office seeking	22961
approval shall apply to the board in writing showing the necessity	22962
of the travel and the probable costs to the county from either ~~the~~	22963
delinquent tax and assessment collection fund or from the real	22964
estate assessment fund. If the travel is requested by a county	22965
auditor, and the board does not approve the travel, the auditor	22966
may not apply to the tax commissioner pursuant to section 5713.01	22967
of the Revised Code for an additional allowance for such travel.	22968

Sec. 340.02. As used in this section, "mental health	22969
professional" means a person who is qualified to work with	22970
mentally ill persons, pursuant to standards established by the	22971
director of mental health under section 5119.611 of the Revised	22972
Code.	22973

For each alcohol, drug addiction, and mental health service	22974
district, there shall be appointed a board of alcohol, drug	22975
addiction, and mental health services of eighteen members. Nine	22976
members shall be interested in mental health programs and	22977
facilities and nine other members shall be interested in alcohol	22978
or drug addiction programs. All members shall be residents of the	22979
service district. The membership shall, as nearly as possible,	22980
reflect the composition of the population of the service district	22981
as to race and sex.	22982

The director of mental health shall appoint four members of	22983
the board, the director of alcohol and drug addiction services	22984
shall appoint four members, and the board of county commissioners	22985
shall appoint ten members. In a joint-county district, the county	22986
commissioners of each participating county shall appoint members	22987
in as nearly as possible the same proportion as that county's	22988
population bears to the total population of the district, except	22989
that at least one member shall be appointed from each	22990
participating county.	22991

The director of mental health shall ensure that at least one	22992
member of the board is a psychiatrist and one member of the board	22993
is a mental health professional. If the appointment of a	22994
psychiatrist is not possible, as determined under rules adopted by	22995
the director, a licensed physician may be appointed in place of	22996
the psychiatrist. If the appointment of a licensed physician is	22997
not possible, the director of mental health may waive the	22998
requirement that the psychiatrist or licensed physician be a	22999
resident of the service district and appoint a psychiatrist or	23000
licensed physician from a contiguous county. The director of	23001
mental health shall ensure that at least one member of the board	23002
is a person who has received or is receiving mental health	23003
services paid for by public funds and at least one member is a	23004
parent or other relative of such a person.	23005

The director of alcohol and drug addiction services shall	23006
ensure that at least one member of the board is a professional in	23007
the field of alcohol or drug addiction services and one member of	23008
the board is an advocate for persons receiving treatment for	23009
alcohol or drug addiction. Of the members appointed by the	23010
director of alcohol and drug addiction services, at least one	23011
shall be a person who has received or is receiving services for	23012
alcohol or drug addiction, and at least one shall be a parent or	23013
other relative of such a person.	23014

No member or employee of a board of alcohol, drug addiction,	23015
and mental health services shall serve as a member of the board of	23016
any agency with which the board of alcohol, drug addiction, and	23017
mental health services has entered into a contract for the	23018
provision of services or facilities. No member of a board of	23019
alcohol, drug addiction, and mental health services shall be an	23020
employee of any agency with which the board has entered into a	23021
contract for the provision of services or facilities, unless the	23022
board member's employment duties with the agency consist of	23023
providing, only outside the district the board serves, services	23024
for which the medicaid program pays. No person shall be an	23025
employee of a board and such an agency unless the board and agency	23026
both agree in writing.	23027

No person shall serve as a member of the board of alcohol,	23028
drug addiction, and mental health services whose spouse, child,	23029
parent, brother, sister, grandchild, stepparent, stepchild,	23030
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	23031
daughter-in-law, brother-in-law, or sister-in-law serves as a	23032
member of the board of any agency with which the board of alcohol,	23033
drug addiction, and mental health services has entered into a	23034
contract for the provision of services or facilities. No person	23035
shall serve as a member or employee of the board whose spouse,	23036
child, parent, brother, sister, stepparent, stepchild,	23037
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	23038
daughter-in-law, brother-in-law, or sister-in-law serves as a	23039
county commissioner of a county or counties in the alcohol, drug	23040
addiction, and mental health service district.	23041

Each year each board member shall attend at least one	23042
inservice training session provided or approved by the department	23043
of mental health or the department of alcohol and drug addiction	23044
services. Such training sessions shall not be considered to be	23045
regularly scheduled meetings of the board.	23046

Each member shall be appointed for a term of four years,	23047
commencing the first day of July, except that one-third of initial	23048
appointments to a newly established board, and to the extent	23049
possible to expanded boards, shall be for terms of two years,	23050
one-third of initial appointments shall be for terms of three	23051
years, and one-third of initial appointments shall be for terms of	23052
four years. No member shall serve more than two consecutive	23053
four-year terms. A member may serve for three consecutive terms	23054
only if one of the terms is for less than two years. A member who	23055
has served two consecutive four-year terms or three consecutive	23056
terms totaling less than ten years is eligible for reappointment	23057
one year following the end of the second or third term,	23058
respectively.	23059

When a vacancy occurs, appointment for the expired or	23060
unexpired term shall be made in the same manner as an original	23061
appointment. The appointing authority shall be notified by	23062
certified mail of any vacancy and shall fill the vacancy within	23063
sixty days following that notice.	23064

Any member of the board may be removed from office by the	23065
appointing authority for neglect of duty, misconduct, or	23066
malfeasance in office, and shall be removed by the appointing	23067
authority if the ~~member's spouse, child, parent, brother, sister,~~	23068
~~stepparent, stepchild, stepbrother, stepsister, father-in-law,~~	23069
~~mother-in-law, son-in-law, daughter-in-law, brother-in-law, or~~	23070
~~sister-in-law serves as a county commissioner of a county or~~	23071
~~counties in the service district or serves as a member or employee~~	23072
~~of the board of an agency with which the board of alcohol, drug~~	23073
~~addiction, and mental health services has entered a contract for~~	23074
~~the provision of services or facilities~~member is barred by this	23075
section from serving as a board member. The member shall be	23076
informed in writing of the charges and afforded an opportunity for	23077
a hearing. Upon the absence of a member within one year from	23078
either four board meetings or from two board meetings without	23079
prior notice, the board shall notify the appointing authority,	23080
which may vacate the appointment and appoint another person to	23081
complete the member's term.	23082

Members of the board shall serve without compensation, but	23083
shall be reimbursed for actual and necessary expenses incurred in	23084
the performance of their official duties, as defined by rules of	23085
the departments of mental health and alcohol and drug addiction	23086
services.	23087

Sec. 340.03. (A) Subject to rules issued by the director of	23088
mental health after consultation with relevant constituencies as	23089
required by division ~~(A)(11)~~(L) of section 5119.06 of the Revised	23090
Code, with regard to mental health services, the board of alcohol,	23091
drug addiction, and mental health services shall:	23092

(1) Serve as the community mental health planning agency for	23093
the county or counties under its jurisdiction, and in so doing it	23094
shall:	23095

(a) Evaluate the need for facilities and community mental	23096
health services;	23097

(b) In cooperation with other local and regional planning and	23098
funding bodies and with relevant ethnic organizations, assess the	23099
community mental health needs, set priorities, and develop plans	23100
for the operation of facilities and community mental health	23101
services;	23102

(c) In accordance with guidelines issued by the director of	23103
mental health after consultation with board representatives,	23104
annually develop and submit to the department of mental health~~, no~~	23105
~~later than six months prior to the conclusion of the fiscal year~~	23106
~~in which the board's current plan is scheduled to expire,~~ a	23107
community mental health plan listing community mental health	23108
needs, including the needs of all residents of the district now	23109
residing in state mental institutions and severely mentally	23110
disabled adults, children, and adolescents; all children subject	23111
to a determination made pursuant to section 121.38 of the Revised	23112
Code; and all the facilities and community mental health services	23113
that are or will be in operation or provided during the period for	23114
which the plan will be in operation in the service district to	23115
meet such needs.	23116

The plan shall include, but not be limited to, a statement of	23117
which of the services listed in section 340.09 of the Revised Code	23118
the board intends to make available. The board must include crisis	23119
intervention services for individuals in an emergency situation in	23120
the plan and explain how the board intends to make such services	23121
available. The plan must also include ~~an explanation of how the~~	23122
~~board intends to make any payments that it may be required to pay~~	23123
~~under section 5119.62 of the Revised Code,~~ a statement of the	23124
inpatient and community-based services the board proposes that the	23125
department operate, an assessment of the number and types of	23126
residential facilities needed, such other information as the	23127
department requests, and a budget for moneys the board expects to	23128
receive. The ~~board shall also submit an allocation request for~~	23129
~~state and federal funds. Within sixty days after the department's~~	23130
~~determination that the plan and allocation request are complete,~~	23131
~~the~~ department shall approve or disapprove the plan ~~and request~~,	23132
in whole or in part, according to the criteria developed pursuant	23133
to section 5119.61 of the Revised Code. The department's statement	23134
of approval or disapproval shall specify the inpatient and the	23135
community-based services that the department will operate for the	23136
board. Eligibility for state and federal funding shall be	23137
contingent upon an approved plan or relevant part of a plan.	23138

~~If the director disapproves all or part of any plan, the~~	23139
~~director shall inform the board of the reasons for the disapproval~~	23140
~~and of the criteria that must be met before the plan may be~~	23141
~~approved. The director shall provide the board an opportunity to~~	23142
~~present its case on behalf of the plan. The director shall give~~	23143
~~the board a reasonable time in which to meet the criteria, and~~	23144
~~shall offer the board technical assistance to help it meet the~~	23145
~~criteria.~~	23146

~~If the approval of a plan remains in dispute thirty days~~	23147
~~prior to the conclusion of the fiscal year in which the board's~~	23148
~~current plan is scheduled to expire, the board or the director may~~	23149
~~request that the dispute be submitted to a mutually agreed upon~~	23150
~~third-party mediator with the cost to be shared by the board and~~	23151
~~the department. The mediator shall issue to the board and the~~	23152
~~department recommendations for resolution of the dispute. Prior to~~	23153
~~the conclusion of the fiscal year in which the current plan is~~	23154
~~scheduled to expire, the director, taking into consideration the~~	23155
~~recommendations of the mediator, shall make a final determination~~	23156
~~and approve or disapprove the plan, in whole or in part.~~	23157

If a board determines that it is necessary to amend a plan or	23158
an allocation request that has been approved under division	23159
(A)(1)(c) of this section, the board shall submit a proposed	23160
amendment to the director. The director may approve or disapprove	23161
all or part of the amendment. ~~If the director does not approve all~~	23162
~~or part of the amendment within thirty days after it is submitted,~~	23163
~~the amendment or part of it shall be considered to have been~~	23164
~~approved.~~ The director shall inform the board of the reasons for	23165
disapproval of all or part of an amendment and of the criteria	23166
that must be met before the amendment may be approved. The	23167
director shall provide the board an opportunity to present its	23168
case on behalf of the amendment. The director shall give the board	23169
a reasonable time in which to meet the criteria, and shall offer	23170
the board technical assistance to help it meet the criteria.	23171

The board shall implement the plan approved by the	23172
department.	23173

(d) ~~Receive, compile, and transmit to the department of~~	23174
~~mental health applications for state reimbursement;~~	23175

~~(e)~~ Promote, arrange, and implement working agreements with	23176
social agencies, both public and private, and with judicial	23177
agencies.	23178

(2) Investigate, or request another agency to investigate,	23179
any complaint alleging abuse or neglect of any person receiving	23180
services from a community mental health agency as defined in	23181
section 5122.01 of the Revised Code, or from a residential	23182
facility licensed under section 5119.22 of the Revised Code. If	23183
the investigation substantiates the charge of abuse or neglect,	23184
the board shall take whatever action it determines is necessary to	23185
correct the situation, including notification of the appropriate	23186
authorities. Upon request, the board shall provide information	23187
about such investigations to the department.	23188

(3) For the purpose of section 5119.611 of the Revised Code,	23189
cooperate with the director of mental health in visiting and	23190
evaluating whether the services of a community mental health	23191
agency satisfy the certification standards established by rules	23192
adopted under that section;	23193

(4) In accordance with criteria established under division	23194
~~(G)~~(E) of section 5119.61 of the Revised Code, review and evaluate	23195
the quality, effectiveness, and efficiency of services provided	23196
through its community mental health plan and submit its findings	23197
and recommendations to the department of mental health;	23198

(5) In accordance with section 5119.22 of the Revised Code,	23199
review applications for residential facility licenses and	23200
recommend to the department of mental health approval or	23201
disapproval of applications;	23202

(6) ~~Audit, in accordance with rules adopted by the auditor of~~	23203
~~state pursuant to section 117.20 of the Revised Code, at least~~	23204
~~annually all programs and services provided under contract with~~	23205
~~the board. In so doing, the board may contract for or employ the~~	23206
~~services of private auditors. A copy of the fiscal audit report~~	23207
~~shall be provided to the director of mental health, the auditor of~~	23208
~~state, and the county auditor of each county in the board's~~	23209
~~district.~~	23210

~~(7)~~ Recruit and promote local financial support for mental	23211
health programs from private and public sources;	23212

~~(8)~~(7)(a) Enter into contracts with public and private	23213
facilities for the operation of facility services included in the	23214
board's community mental health plan and enter into contracts with	23215
public and private community mental health agencies for the	23216
provision of community mental health services that are listed in	23217
section 340.09 of the Revised Code and included in the board's	23218
community mental health plan. The board may not contract with a	23219
community mental health agency to provide community mental health	23220
services included in the board's community mental health plan	23221
unless the services are certified by the director of mental health	23222
under section 5119.611 of the Revised Code. Section 307.86 of the	23223
Revised Code does not apply to contracts entered into under this	23224
division. In contracting with a community mental health agency, a	23225
board shall consider the cost effectiveness of services provided	23226
by that agency and the quality and continuity of care, and may	23227
review cost elements, including salary costs, of the services to	23228
be provided. A utilization review process shall be established as	23229
part of the contract for services entered into between a board and	23230
a community mental health agency. The board may establish this	23231
process in a way that is most effective and efficient in meeting	23232
local needs. ~~In the case of~~Until July 1, 2012, a contract with a	23233
community mental health agency or facility, as defined in section	23234
5111.023 of the Revised Code, to provide services listed in	23235
division (B) of that section~~, the contract~~ shall provide for the	23236
agency or facility to be paid in accordance with the contract	23237
entered into between the departments of job and family services	23238
and mental health under section 5111.91 of the Revised Code and	23239
any rules adopted under division (A) of section 5119.61 of the	23240
Revised Code.	23241

If either the board or a facility or community mental health	23242
agency with which the board contracts under division (A)~~(8)~~(7)(a)	23243
of this section proposes not to renew the contract or proposes	23244
substantial changes in contract terms, the other party shall be	23245
given written notice at least one hundred twenty days before the	23246
expiration date of the contract. During the first sixty days of	23247
this one hundred twenty-day period, both parties shall attempt to	23248
resolve any dispute through good faith collaboration and	23249
negotiation in order to continue to provide services to persons in	23250
need. If the dispute has not been resolved sixty days before the	23251
expiration date of the contract, either party may ~~notify the~~	23252
~~department of mental health of the unresolved dispute. The~~	23253
~~director may require~~request that both parties to submit the	23254
dispute to a third party with the cost to be shared by the board	23255
and the facility or community mental health agency. The third	23256
party shall issue to the board~~, the~~and facility or agency~~, and~~	23257
~~the department~~ recommendations on how the dispute may be resolved	23258
twenty days prior to the expiration date of the contract, unless	23259
both parties agree to a time extension. ~~The director shall adopt~~	23260
~~rules establishing the procedures of this dispute resolution~~	23261
~~process.~~	23262

(b) With the prior approval of the director of mental health,	23263
a board may operate a facility or provide a community mental	23264
health service as follows, if there is no other qualified private	23265
or public facility or community mental health agency that is	23266
immediately available and willing to operate such a facility or	23267
provide the service:	23268

(i) In an emergency situation, any board may operate a	23269
facility or provide a community mental health service in order to	23270
provide essential services for the duration of the emergency;	23271

(ii) In a service district with a population of at least one	23272
hundred thousand but less than five hundred thousand, a board may	23273
operate a facility or provide a community mental health service	23274
for no longer than one year;	23275

(iii) In a service district with a population of less than	23276
one hundred thousand, a board may operate a facility or provide a	23277
community mental health service for no longer than one year,	23278
except that such a board may operate a facility or provide a	23279
community mental health service for more than one year with the	23280
prior approval of the director and the prior approval of the board	23281
of county commissioners, or of a majority of the boards of county	23282
commissioners if the district is a joint-county district.	23283

The director shall not give a board approval to operate a	23284
facility or provide a community mental health service under	23285
division (A)~~(8)~~(7)(b)(ii) or (iii) of this section unless the	23286
director determines that it is not feasible to have the department	23287
operate the facility or provide the service.	23288

The director shall not give a board approval to operate a	23289
facility or provide a community mental health service under	23290
division (A)~~(8)~~(7)(b)(iii) of this section unless the director	23291
determines that the board will provide greater administrative	23292
efficiency and more or better services than would be available if	23293
the board contracted with a private or public facility or	23294
community mental health agency.	23295

The director shall not give a board approval to operate a	23296
facility previously operated by a person or other government	23297
entity unless the board has established to the director's	23298
satisfaction that the person or other government entity cannot	23299
effectively operate the facility or that the person or other	23300
government entity has requested the board to take over operation	23301
of the facility. The director shall not give a board approval to	23302
provide a community mental health service previously provided by a	23303
community mental health agency unless the board has established to	23304
the director's satisfaction that the agency cannot effectively	23305
provide the service or that the agency has requested the board	23306
take over providing the service.	23307

The director shall review and evaluate a board's operation of	23308
a facility and provision of community mental health service under	23309
division (A)~~(8)~~(7)(b) of this section.	23310

Nothing in division (A)~~(8)~~(7)(b) of this section authorizes a	23311
board to administer or direct the daily operation of any facility	23312
or community mental health agency, but a facility or agency may	23313
contract with a board to receive administrative services or staff	23314
direction from the board under the direction of the governing body	23315
of the facility or agency.	23316

~~(9)~~(8) Approve fee schedules and related charges or adopt a	23317
unit cost schedule or other methods of payment for contract	23318
services provided by community mental health agencies in	23319
accordance with guidelines issued by the department as necessary	23320
to comply with state and federal laws pertaining to financial	23321
assistance;	23322

~~(10)~~(9) Submit to the director and the county commissioners	23323
of the county or counties served by the board, and make available	23324
to the public, an annual report of the programs under the	23325
jurisdiction of the board, including a fiscal accounting;	23326

~~(11)~~(10) Establish, to the extent resources are available, a	23327
community support system, which provides for treatment, support,	23328
and rehabilitation services and opportunities. The essential	23329
elements of the system include, but are not limited to, the	23330
following components in accordance with section 5119.06 of the	23331
Revised Code:	23332

(a) To locate persons in need of mental health services to	23333
inform them of available services and benefits mechanisms;	23334

(b) Assistance for clients to obtain services necessary to	23335
meet basic human needs for food, clothing, shelter, medical care,	23336
personal safety, and income;	23337

(c) Mental health care, including, but not limited to,	23338
outpatient, partial hospitalization, and, where appropriate,	23339
inpatient care;	23340

(d) Emergency services and crisis intervention;

23341

(e) Assistance for clients to obtain vocational services and	23342
opportunities for jobs;	23343

(f) The provision of services designed to develop social,	23344
community, and personal living skills;	23345

(g) Access to a wide range of housing and the provision of	23346
residential treatment and support;	23347

(h) Support, assistance, consultation, and education for	23348
families, friends, consumers of mental health services, and	23349
others;	23350

(i) Recognition and encouragement of families, friends,	23351
neighborhood networks, especially networks that include racial and	23352
ethnic minorities, churches, community organizations, and	23353
meaningful employment as natural supports for consumers of mental	23354
health services;	23355

(j) Grievance procedures and protection of the rights of	23356
consumers of mental health services;	23357

(k) Case management, which includes continual individualized	23358
assistance and advocacy to ensure that needed services are offered	23359
and procured.	23360

~~(12)~~(11) Designate the treatment program, agency, or facility	23361
for each person involuntarily committed to the board pursuant to	23362
Chapter 5122. of the Revised Code and authorize payment for such	23363
treatment. The board shall provide the least restrictive and most	23364
appropriate alternative that is available for any person	23365
involuntarily committed to it and shall assure that the services	23366
listed in section 340.09 of the Revised Code are available to	23367
severely mentally disabled persons residing within its service	23368
district. The board shall establish the procedure for authorizing	23369
payment for services, which may include prior authorization in	23370
appropriate circumstances. The board may provide for services	23371
directly to a severely mentally disabled person when life or	23372
safety is endangered and when no community mental health agency is	23373
available to provide the service.	23374

~~(13)~~(12) Establish a method for evaluating referrals for	23375
involuntary commitment and affidavits filed pursuant to section	23376
5122.11 of the Revised Code in order to assist the probate	23377
division of the court of common pleas in determining whether there	23378
is probable cause that a respondent is subject to involuntary	23379
hospitalization and what alternative treatment is available and	23380
appropriate, if any;	23381

~~(14)~~(13) Ensure that apartments or rooms built, subsidized,	23382
renovated, rented, owned, or leased by the board or a community	23383
mental health agency have been approved as meeting minimum fire	23384
safety standards and that persons residing in the rooms or	23385
apartments are receiving appropriate and necessary services,	23386
including culturally relevant services, from a community mental	23387
health agency. This division does not apply to residential	23388
facilities licensed pursuant to section 5119.22 of the Revised	23389
Code.	23390

~~(15)~~(14) Establish a mechanism for involvement of consumer	23391
recommendation and advice on matters pertaining to mental health	23392
services in the alcohol, drug addiction, and mental health service	23393
district;	23394

~~(16)~~(15) Perform the duties under section ~~3722.18~~5119.88 of	23395
the Revised Code required by rules adopted under section 5119.61	23396
of the Revised Code regarding referrals by the board or mental	23397
health agencies under contract with the board of individuals with	23398
mental illness or severe mental disability to adult care	23399
facilities and effective arrangements for ongoing mental health	23400
services for the individuals. The board is accountable in the	23401
manner specified in the rules for ensuring that the ongoing mental	23402
health services are effectively arranged for the individuals.	23403

(B) The board shall establish such rules, operating	23404
procedures, standards, and bylaws, and perform such other duties	23405
as may be necessary or proper to carry out the purposes of this	23406
chapter.	23407

(C) A board of alcohol, drug addiction, and mental health	23408
services may receive by gift, grant, devise, or bequest any	23409
moneys, lands, or property for the benefit of the purposes for	23410
which the board is established, and may hold and apply it	23411
according to the terms of the gift, grant, or bequest. All money	23412
received, including accrued interest, by gift, grant, or bequest	23413
shall be deposited in the treasury of the county, the treasurer of	23414
which is custodian of the alcohol, drug addiction, and mental	23415
health services funds to the credit of the board and shall be	23416
available for use by the board for purposes stated by the donor or	23417
grantor.	23418

(D) No board member or employee of a board of alcohol, drug	23419
addiction, and mental health services shall be liable for injury	23420
or damages caused by any action or inaction taken within the scope	23421
of the board member's official duties or the employee's	23422
employment, whether or not such action or inaction is expressly	23423
authorized by this section, section 340.033, or any other section	23424
of the Revised Code, unless such action or inaction constitutes	23425
willful or wanton misconduct. Chapter 2744. of the Revised Code	23426
applies to any action or inaction by a board member or employee of	23427
a board taken within the scope of the board member's official	23428
duties or employee's employment. For the purposes of this	23429
division, the conduct of a board member or employee shall not be	23430
considered willful or wanton misconduct if the board member or	23431
employee acted in good faith and in a manner that the board member	23432
or employee reasonably believed was in or was not opposed to the	23433
best interests of the board and, with respect to any criminal	23434
action or proceeding, had no reasonable cause to believe the	23435
conduct was unlawful.	23436

(E) The meetings held by any committee established by a board	23437
of alcohol, drug addiction, and mental health services shall be	23438
considered to be meetings of a public body subject to section	23439
121.22 of the Revised Code.	23440

Sec. 340.033. (A) The board of alcohol, drug addiction, and	23441
mental health services shall serve as the planning agency for	23442
alcohol and drug addiction services for the county or counties in	23443
its service district. In accordance with procedures and guidelines	23444
established by the department of alcohol and drug addiction	23445
services, the board shall do all of the following:	23446

(1) Assess alcohol and drug addiction service needs and	23447
evaluate the need for alcohol and drug addiction programs;	23448

(2) According to the needs determined under division (A)(1)	23449
of this section, set priorities and develop plans for the	23450
operation of alcohol and drug addiction programs in cooperation	23451
with other local and regional planning and funding bodies and with	23452
relevant ethnic organizations;	23453

(3) Submit the plan for alcohol and drug addiction services	23454
required by section 3793.05 of the Revised Code to the department	23455
and implement the plan as approved by the department;	23456

(4) Provide to the department information to be included in	23457
the information system or systems established by the department	23458
under section 3793.04 of the Revised Code;	23459

(5) Enter into contracts with alcohol and drug addiction	23460
programs for the provision of alcohol and drug addiction services;	23461

(6) Review and evaluate alcohol and drug addiction programs	23462
in the district~~, and conduct program audits~~;	23463

(7) Prepare and submit to the department an annual report of	23464
the alcohol and drug addiction programs in the district;	23465

(8) Receive, compile, and transmit to the department	23466
applications for funding;	23467

(9) Promote, arrange, and implement working agreements with	23468
public and private social agencies and with judicial agencies;	23469

(10) Investigate, or request another agency to investigate,	23470
any complaint alleging abuse or neglect of any person receiving	23471
services from an alcohol or drug addiction program;	23472

(11) Establish a mechanism for the involvement of persons	23473
receiving services in, and obtaining their advice on, matters	23474
pertaining to alcohol or drug addiction services;	23475

(12) Recruit and promote local financial support, from	23476
private and public sources, for alcohol and drug addiction	23477
programs;	23478

(13) Approve fee schedules and related charges, adopt a unit	23479
cost schedule, or adopt other methods of payment for services	23480
provided by programs under contract pursuant to division (A)(5) of	23481
this section, in accordance with guidelines established by the	23482
department under section 3793.04 of the Revised Code.	23483

(B) ~~In accordance with rules adopted by the auditor of state~~	23484
~~pursuant to section 117.20 of the Revised Code, at least annually~~	23485
~~the board shall audit all alcohol and drug addiction programs~~	23486
~~provided under contract with the board. The board may contract~~	23487
~~with private auditors for the performance of these audits. A copy~~	23488
~~of the fiscal audit report shall be provided to the director of~~	23489
~~alcohol and drug addiction services, the auditor of state, and the~~	23490
~~county auditor of each county in the board's district.~~	23491

~~(C)~~ In contracting with a program under division (A)(5) of	23492
this section, a board shall consider the cost effectiveness of	23493
services provided by the program and the program's quality and	23494
continuity of care. The board may review cost elements, including	23495
salary costs, of the services provided by the program.	23496

A utilization review process shall be established as part of	23497
the contract for services. The board may establish this process in	23498
any way that it considers to be the most effective and efficient	23499
in meeting local needs.	23500

~~(D)~~(C) If either the board or a program with which it	23501
contracts pursuant to division (A)(5) of this section proposes not	23502
to renew the contract or proposes substantial changes in contract	23503
terms on renewal of the contract, it shall give the other party to	23504
the contract written notice at least one hundred twenty days	23505
before the expiration date of the contract. During the first sixty	23506
days of this period, both parties shall attempt to resolve any	23507
dispute through good faith collaboration and negotiation in order	23508
that services to persons in need will be continued. If the dispute	23509
is not resolved during this time, either party may notify the	23510
department of alcohol and drug addiction services. The department	23511
may require both parties to submit the dispute to a mutually	23512
agreed upon third party with the cost to be shared by the board	23513
and the program. At least twenty days before the expiration of the	23514
contract, unless the board and the program agree to an extension,	23515
the third party shall issue to the board, program, and department,	23516
its recommendations for resolution of the dispute.	23517

The department shall adopt rules pursuant to Chapter 119. of	23518
the Revised Code establishing procedures for this dispute	23519
resolution process.	23520

~~(E)~~(D) Section 307.86 of the Revised Code does not apply to	23521
contracts entered into pursuant to division (A)(5) of this	23522
section.	23523

~~(F)~~(E)(1) With the prior approval of the department, a board	23524
of alcohol, drug addiction, and mental health services may operate	23525
an alcohol or drug addiction program as follows if there is no	23526
qualified program that is immediately available, willing to	23527
provide services, and able to obtain certification under Chapter	23528
3793. of the Revised Code:	23529

(a) In an emergency situation, any board may operate a	23530
program in order to provide essential services for the duration of	23531
the emergency;	23532

(b) In a service district with a population of at least one	23533
hundred thousand but less than five hundred thousand, a board may	23534
operate a program for no longer than one year;	23535

(c) In a service district with a population of less than one	23536
hundred thousand, a board may operate a program for no longer than	23537
one year, except that such a board may operate a program for	23538
longer than one year with the prior approval of the department and	23539
the prior approval of the board of county commissioners, or of a	23540
majority of the boards of county commissioners if the district is	23541
a joint-county district.	23542

(2) The department shall not give a board its approval to	23543
operate a program under division ~~(F)~~(E)(1)(c) of this section	23544
unless it determines that the board's program will provide greater	23545
administrative efficiency and more or better services than would	23546
be available if the board contracted with a program for provision	23547
of the services.	23548

(3) The department shall not give a board its approval to	23549
operate a program previously operated by a public or private	23550
entity unless the board has established to the department's	23551
satisfaction that the entity cannot effectively operate the	23552
program, or that the entity has requested the board to take over	23553
operation of the program.	23554

(4) The department shall review and evaluate the operation of	23555
each program operated by a board under this division.	23556

(5) Nothing in this division authorizes a board to administer	23557
or direct the daily operation of any program other than a program	23558
operated by the board under this division, but a program may	23559
contract with a board to receive administrative services or staff	23560
direction from the board under the direction of the governing body	23561
of the program.	23562

~~(G)~~(F) If an investigation conducted pursuant to division	23563
(A)(10) of this section substantiates a charge of abuse or	23564
neglect, the board shall take whatever action it determines is	23565
necessary to correct the situation, including notification of the	23566
appropriate authorities. On request, the board shall provide	23567
information about such investigations to the department.	23568

~~(H)~~(G) When the board sets priorities and develops plans for	23569
the operation of alcohol and drug addiction programs under	23570
division (A)(2) of this section, the board shall consult with the	23571
county commissioners of the counties in the board's service	23572
district regarding the services described in section 340.15 of the	23573
Revised Code and shall give a priority to those services, except	23574
that those services shall not have priority over services provided	23575
to pregnant women under programs developed in relation to the	23576
mandate established in section 3793.15 of the Revised Code. The	23577
plans shall identify funds the board and public children services	23578
agencies in the board's service district have available to fund	23579
jointly the services described in section 340.15 of the Revised	23580
Code.	23581

Sec. 340.05. A community mental health agency that receives	23582
a complaint under section ~~3722.17~~5119.87 of the Revised Code	23583
alleging abuse or neglect of an individual with mental illness or	23584
severe mental disability who resides in an adult care facility	23585
shall report the complaint to the board of alcohol, drug	23586
addiction, and mental health services serving the alcohol, drug	23587
addiction, and mental health service district in which the adult	23588
care facility is located. A board of alcohol, drug addiction, and	23589
mental health services that receives such a complaint or a report	23590
from a community mental health agency of such a complaint shall	23591
report the complaint to the director of mental health for the	23592
purpose of the director conducting an investigation under section	23593
~~3722.17~~5119.87 of the Revised Code. The board may enter the adult	23594
care facility with or without the director and, if the health and	23595
safety of a resident is in immediate danger, take any necessary	23596
action to protect the resident. The board's action shall not	23597
violate any resident's rights under section ~~3722.12~~5119.81 of the	23598
Revised Code and rules adopted by the ~~public health council~~	23599
department of mental health under ~~that chapter~~sections 5119.70 to	23600
5119.88 of the Revised Code. The board shall immediately report to	23601
the director regarding the board's actions under this section.	23602

Sec. 340.091. Each board of alcohol, drug addiction, and	23603
mental health services shall contract with a community mental	23604
health agency under division (A)~~(8)~~(7)(a) of section 340.03 of the	23605
Revised Code for the agency to do all of the following in	23606
accordance with rules adopted under section 5119.61 of the Revised	23607
Code for an individual referred to the agency under division	23608
(C)(2) of section ~~173.35~~5119.69 of the Revised Code:	23609

(A) Assess the individual to determine whether to recommend	23610
that a ~~PASSPORT~~residential state supplement administrative agency	23611
designated under section 5119.69 of the Revised Code determine	23612
that the environment in which the individual will be living while	23613
receiving residential state supplement payments is appropriate for	23614
the individual's needs and, if it determines the environment is	23615
appropriate, issue the recommendation to the ~~PASSPORT~~residential	23616
state supplement administrative agency;	23617

(B) Provide ongoing monitoring to ensure that services	23618
provided under section 340.09 of the Revised Code are available to	23619
the individual;	23620

(C) Provide discharge planning to ensure the individual's	23621
earliest possible transition to a less restrictive environment.	23622

Sec. 340.11. ~~(A)~~ A board of alcohol, drug addiction, and	23623
mental health services may procure a policy or policies of	23624
insurance insuring board members or employees of the board or	23625
agencies with which the board contracts against liability arising	23626
from the performance of their official duties. If the liability	23627
insurance is unavailable or the amount a board has procured or is	23628
able to procure is insufficient to cover the amount of a claim,	23629
the board may indemnify a board member or employee as follows:	23630

~~(1)~~(A) For any action or inaction in ~~his~~the capacity ~~as a~~of	23631
board member or employee or at the request of the board, whether	23632
or not the action or inaction is expressly authorized by this or	23633
any other section of the Revised Code, if:	23634

~~(a)~~(1) The board member or employee acted in good faith and	23635
in a manner that hethe board member or employee reasonably	23636
believed was in or was not opposed to the best interests of the	23637
board; and	23638

~~(b)~~(2) With respect to any criminal action or proceeding, the	23639
board member or employee had no reason to believe ~~his~~the board	23640
member's or employee's conduct was unlawful.	23641

~~(2)~~(B) Against any expenses, including attorneys' fees, the	23642
board member or employee actually and reasonably incurs as a	23643
result of a suit or other proceeding involving the defense of any	23644
action or inaction in ~~his~~the capacity ~~as a~~of board member or	23645
employee or at the request of the board, or in defense of any	23646
claim, issue, or matter raised in connection with the defense of	23647
such an action or inaction, to the extent that the board member or	23648
employee is successful on the merits or otherwise.	23649

~~(B) The board may utilize up to that per cent of its budget~~	23650
~~as approved by the department of mental health to purchase~~	23651
~~insurance and to pool with funds of other boards of alcohol, drug~~	23652
~~addiction, and mental health services, as provided in division (E)~~	23653
~~of section 5119.62 of the Revised Code, to pay expenditures for~~	23654
~~utilization of state hospital facilities that exceed the amount~~	23655
~~allocated to the board under the formula developed under that~~	23656
~~section.~~	23657

Sec. 341.192. (A) As used in this section:

23658

(1) "Jail" means a county jail, or a multicounty,	23659
municipal-county, or multicounty-municipal correctional center.	23660

(2) "Medical assistance program" has the same meaning as in	23661
section 2913.40 of the Revised Code.	23662

~~(2)~~(3) "Medical provider" means a physician, hospital,	23663
laboratory, pharmacy, or other health care provider that is not	23664
employed by or under contract to a county, municipal corporation,	23665
township, the department of youth services, or the department of	23666
rehabilitation and correction to provide medical services to	23667
persons confined in ~~the county~~a jail or a state correctional	23668
institution, or is in the custody of a law enforcement officer.	23669

~~(3)~~(4) "Necessary care" means medical care of a nonelective	23670
nature that cannot be postponed until after the period of	23671
confinement of a person who is confined in a ~~county~~ jail or a	23672
state correctional institution, or is in the custody of a law	23673
enforcement officer without endangering the life or health of the	23674
person.	23675

(B) If a physician employed by or under contract to a county,	23676
municipal corporation, township, the department of youth services,	23677
or the department of rehabilitation and correction to provide	23678
medical services to persons confined in ~~the county~~a jail or state	23679
correctional institution determines that a person who is confined	23680
in the ~~county~~ jail or a state correctional institution or who is	23681
in the custody of a law enforcement officer prior to the person's	23682
confinement in ~~the county~~a jail or a state correctional	23683
institution requires necessary care that the physician cannot	23684
provide, the necessary care shall be provided by a medical	23685
provider. The county, municipal corporation, township, the	23686
department of youth services, or the department of rehabilitation	23687
and correction shall pay a medical provider for necessary care an	23688
amount not exceeding the authorized reimbursement rate for the	23689
same service established by the department of job and family	23690
services under the medical assistance program.	23691

Sec. 343.08. (A) The board of county commissioners of a	23692
county solid waste management district and the board of directors	23693
of a joint solid waste management district may fix reasonable	23694
rates or charges to be paid by every person, municipal	23695
corporation, township, or other political subdivision that owns	23696
premises to which solid waste collection, storage, transfer,	23697
disposal, recycling, processing, or resource recovery service is	23698
provided by the district and may change the rates or charges	23699
whenever it considers it advisable. Charges for collection,	23700
storage, transfer, disposal, recycling, processing, or resource	23701
recovery service shall be made only against lots or parcels that	23702
are improved, or in the process of being improved, with at least	23703
one permanent, portable, or temporary building. The rates or	23704
charges may be collected by either of the following means:	23705

(1) Periodic billings made by the district directly or in	23706
conjunction with billings for public utility rates or charges by a	23707
county water district established under section 6103.02 of the	23708
Revised Code, a county sewer district established under section	23709
6117.02 of the Revised Code, or a municipal corporation or other	23710
political subdivision authorized by law to provide public utility	23711
service. When any such charges that are so billed are not paid,	23712
the board shall certify them to the county auditor of the county	23713
where the lots or parcels are located, who shall place them upon	23714
the real property duplicate against the property served by the	23715
collection, storage, transfer, disposal, recycling, processing, or	23716
resource recovery service. The charges shall be a lien on the	23717
property from the date they are placed upon the real property	23718
duplicate by the auditor and shall be collected in the same manner	23719
as other taxes.	23720

(2) Certifying the rates or charges to the county auditor of	23721
the county where the lots or parcels are located, who shall place	23722
them on the real property duplicate against the lots or parcels.	23723
The rates or charges are a lien on the property from the date they	23724
are placed upon the real property duplicate by the auditor and	23725
shall be collected in the same manner as other taxes.	23726

The county or joint district need not fix a rate or charge	23727
against property if the district does not operate a collection	23728
system.	23729

Where a county or joint district owns or operates a solid	23730
waste facility, either without a collection system or in	23731
conjunction therewith, the board of county commissioners or board	23732
of directors may fix reasonable rates or charges for the use of	23733
the facility by persons, municipal corporations, townships, and	23734
other political subdivisions, may contract with any public	23735
authority or person for the collection of solid wastes in any part	23736
of any district for collection, storage, disposal, transfer,	23737
recycling, processing, or resource recovery in any solid waste	23738
facility, or may lease the facility to any public authority or	23739
person. The cost of collection, storage, transfer, disposal,	23740
recycling, processing, or resource recovery under such contracts	23741
may be paid by rates or charges fixed and collected under this	23742
section or by rates and charges fixed under those contracts and	23743
collected by the contractors.	23744

All moneys collected by or on behalf of a county or joint	23745
district as rates or charges for solid waste collection, storage,	23746
transfer, disposal, recycling, processing, or resource recovery	23747
service in any district shall be paid to the county treasurer in a	23748
county district or to the county treasurer or other official	23749
designated by the board of directors in a joint district and kept	23750
in a separate and distinct fund to the credit of the district. The	23751
fund shall be used for the payment of the cost of the management,	23752
maintenance, and operation of the solid waste collection or other	23753
solid waste facilities of the district and, if applicable, the	23754
payment of the cost of collecting the rates or charges of the	23755
district pursuant to division (A)(1) or (2) of this section. Prior	23756
to the approval of the district's initial solid waste management	23757
plan under section 3734.55 of the Revised Code or the issuance of	23758
an order under that section requiring the district to implement an	23759
initial plan prepared by the director, as appropriate, the fund	23760
also may be used for the purposes of division (G)(1) or (3) of	23761
section 3734.57 of the Revised Code. On and after the approval of	23762
the district's initial plan under section 3734.521 or 3734.55 of	23763
the Revised Code or the issuance of an order under either of those	23764
sections, as appropriate, requiring the district to implement an	23765
initial plan prepared by the director, the fund also may be used	23766
for the purposes of divisions (G)(1) to (10) of section 3734.57 of	23767
the Revised Code. Those uses may include, in accordance with a	23768
cost allocation plan adopted under division (B) of this section,	23769
the payment of all allowable direct and indirect costs of the	23770
district, the sanitary engineer or sanitary engineering	23771
department, or a federal or state grant program, incurred for the	23772
purposes of this chapter and sections 3734.52 to 3734.572 of the	23773
Revised Code. Any surplus remaining after those uses of the fund	23774
may be used for the enlargement, modification, or replacement of	23775
such facilities and for the payment of the interest and principal	23776
on bonds and bond anticipation notes issued pursuant to section	23777
343.07 of the Revised Code. In no case shall money so collected be	23778
expended otherwise than for the use and benefit of the district.	23779

A board of county commissioners or directors, instead of	23780
operating and maintaining solid waste collection or other solid	23781
waste facilities of the district with county or joint district	23782
personnel, may enter into a contract with a municipal corporation	23783
having territory within the district pursuant to which the	23784
operation and maintenance of the facilities will be performed by	23785
the municipal corporation.	23786

The products of any solid waste collection or other solid	23787
waste facility owned under this chapter shall be sold through	23788
competitive bidding in accordance with section 307.12 of the	23789
Revised Code, except when a board of county commissioners or	23790
directors determines by resolution that it is in the public	23791
interest to sell those products in a commercially reasonable	23792
manner without competitive bidding.	23793

(B) A board of county commissioners or directors may adopt a	23794
cost allocation plan that identifies, accumulates, and distributes	23795
allowable direct and indirect costs that may be paid from the fund	23796
of the district created in division (A) of this section and	23797
prescribes methods for allocating those costs. The plan shall	23798
authorize payment from the fund for only those costs incurred by	23799
the district, the sanitary engineer or sanitary engineering	23800
department, or a federal or state grant program, and those costs	23801
incurred by the general and other funds of the county for a common	23802
or joint purpose, that are necessary and reasonable for the proper	23803
and efficient administration of the district under this chapter	23804
and sections 3734.52 to 3734.572 of the Revised Code. The plan	23805
shall not authorize payment from the fund of any general	23806
government expense required to carry out the overall governmental	23807
responsibilities of a county. The plan shall conform to United	23808
States office of management and budget Circular A-87 "Cost	23809
Principles for State and Local Governments," published January 15,	23810
1983.	23811

(C) A board of county commissioners or directors shall fix	23812
rates or charges, or enter into contracts fixing the rates or	23813
charges to be collected by the contractor, for solid waste	23814
collection, storage, transfer, disposal, recycling, processing, or	23815
resource recovery services at a public meeting held in accordance	23816
with section 121.22 of the Revised Code. In addition to fulfilling	23817
the requirements of section 121.22 of the Revised Code, the board,	23818
before fixing or changing rates or charges for solid waste	23819
collection, storage, transfer, disposal, recycling, processing, or	23820
resource recovery services, or before entering into a contract	23821
that fixes rates or charges to be collected by the contractor	23822
providing the services, shall hold at least three public hearings	23823
on the proposed rates, charges, or contract. Prior to the first	23824
public hearing, the board shall publish notice of the public	23825
hearings as provided in section 7.16 of the Revised Code or once a	23826
week for three consecutive weeks in a newspaper of general	23827
circulation in the county or counties that would be affected by	23828
the proposed rates, charges, or contract. The notice shall include	23829
a listing of the proposed rates or charges to be fixed and	23830
collected by the board or fixed pursuant to the contract and	23831
collected by the contractor, and the dates, time, and place of	23832
each of the three hearings thereon. The board shall hear any	23833
person who wishes to testify on the proposed rates, charges, or	23834
contract.	23835

Sec. 345.03. A copy of any resolution adopted under section	23836
345.01 of the Revised Code shall be certified within five days by	23837
the taxing authority and not later than four p. m. of the	23838
ninetieth day before the day of the election, to the county board	23839
of elections, and such board shall submit the proposal to the	23840
electors of the subdivision at the succeeding general election.	23841
The board shall make the necessary arrangements for the submission	23842
of such question to the electors of the subdivision, and the	23843
election shall be conducted, canvassed, and certified in like	23844
manner as regular elections in such subdivision.	23845

Notice of the election shall be published once in a newspaper	23846
of general circulation in the subdivision, ~~at least once,~~ not less	23847
than two weeks prior to such election. The notice shall set out	23848
the purpose of the proposed increase in rate, the amount of the	23849
increase expressed in dollars and cents for each one hundred	23850
dollars of valuation as well as in mills for each one dollar of	23851
property valuation, the number of years during which such increase	23852
will be in effect, and the time and place of holding such	23853
election.	23854

Sec. 349.03. (A) Proceedings for the organization of a new	23855
community authority shall be initiated by a petition filed by the	23856
developer in the office of the clerk of the board of county	23857
commissioners of one of the counties in which all or part of the	23858
proposed new community district is located. Such petition shall be	23859
signed by the developer and may be signed by each proximate city.	23860
The legislative authorities of each such proximate city shall act	23861
in behalf of such city. Such petition shall contain:	23862

(1) The name of the proposed new community authority;

23863

(2) The address where the principal office of the authority	23864
will be located or the manner in which the location will be	23865
selected;	23866

(3) A map and a full and accurate description of the	23867
boundaries of the new community district together with a	23868
description of the properties within such boundaries, if any,	23869
which will not be included in the new community district. Unless	23870
the district is wholly contained within municipalities, the total	23871
acreage included in such district shall not be less than one	23872
thousand acres, all of which acreage shall be owned by, or under	23873
the control through leases of at least seventy-five years'	23874
duration, options, or contracts to purchase, of the developer, if	23875
the developer is a private entity. Such acreage shall be	23876
developable as one functionally interrelated community. In the	23877
case of a new community authority established on or after the	23878
effective date of this amendment and before January 1, 2012, such	23879
leases may be of not less than forty years' duration, and the	23880
acreage may be developable so that the community is one	23881
functionally interrelated community.	23882

(4) A statement setting forth the zoning regulations proposed	23883
for zoning the area within the boundaries of the new community	23884
district for comprehensive development as a new community, and if	23885
the area has been zoned for such development, a certified copy of	23886
the applicable zoning regulations therefor;	23887

(5) A current plan indicating the proposed development	23888
program for the new community district, the land acquisition and	23889
land development activities, community facilities, services	23890
proposed to be undertaken by the new community authority under	23891
such program, the proposed method of financing such activities and	23892
services, including a description of the bases, timing, and manner	23893
of collecting any proposed community development charges, and the	23894
projected total residential population of, and employment within,	23895
the new community;	23896

(6) A suggested number of members, consistent with section	23897
349.04 of the Revised Code, for the board of trustees;	23898

(7) A preliminary economic feasibility analysis, including	23899
the area development pattern and demand, location and proposed new	23900
community district size, present and future socio-economic	23901
conditions, public services provision, financial plan, and the	23902
developer's management capability;	23903

(8) A statement that the development will comply with all	23904
applicable environmental laws and regulations.	23905

Upon the filing of such petition, the organizational board of	23906
commissioners shall determine whether such petition complies with	23907
the requirements of this section as to form and substance. The	23908
board in subsequent proceedings may at any time permit the	23909
petition to be amended in form and substance to conform to the	23910
facts by correcting any errors in the description of the proposed	23911
new community district or in any other particular.	23912

Upon the determination of the organizational board of	23913
commissioners that a sufficient petition has been filed in	23914
accordance with this section, the board shall fix the time and	23915
place of a hearing on the petition for the establishment of the	23916
proposed new community authority. Such hearing shall be held not	23917
less than ninety-five nor more than one hundred fifteen days after	23918
the petition filing date, except that if the petition has been	23919
signed by all proximate cities, such hearing shall be held not	23920
less than thirty nor more than forty-five days after the petition	23921
filing date. The clerk of the board of county commissioners with	23922
which the petition was filed shall give notice thereof by	23923
publication once each week for three consecutive weeks, or as	23924
provided in section 7.16 of the Revised Code, in a newspaper of	23925
general circulation in any county of which a portion is within the	23926
proposed new community district. Such clerk shall also give	23927
written notice of the date, time, and place of the hearing and	23928
furnish a certified copy of the petition to the clerk of the	23929
legislative authority of each proximate city which has not signed	23930
such petition. In the event that the legislative authority of a	23931
proximate city which did not sign the petition does not approve by	23932
ordinance, resolution, or motion the establishment of the proposed	23933
new community authority and does not deliver such ordinance,	23934
resolution, or motion to the clerk of the board of county	23935
commissioners with which the petition was filed within ninety days	23936
following the date of the first publication of the notice of the	23937
public hearing, the organizational board of commissioners shall	23938
cancel such public hearing and terminate the proceedings for the	23939
establishment of the new community authority.	23940

Upon the hearing, if the organizational board of	23941
commissioners determines by resolution that the proposed new	23942
community district will be conducive to the public health, safety,	23943
convenience, and welfare, and is intended to result in the	23944
development of a new community, the board shall by its resolution,	23945
entered of record in its journal and the journal of the board of	23946
county commissioners with which the petition was filed, declare	23947
the new community authority to be organized and a body politic and	23948
corporate with the corporate name designated in the resolution,	23949
and define the boundary of the new community district. In	23950
addition, the resolution shall provide the method of selecting the	23951
board of trustees of the new community authority and fix the	23952
surety for their bonds in accordance with section 349.04 of the	23953
Revised Code.	23954

If the organizational board of commissioners finds that the	23955
establishment of the district will not be conducive to the public	23956
health, safety, convenience, or welfare, or is not intended to	23957
result in the development of a new community, it shall reject the	23958
petition thereby terminating the proceedings for the establishment	23959
of the new community authority.	23960

(B) At any time after the creation of a new community	23961
authority, the developer may file an application with the clerk of	23962
the board of county commissioners of the county in which the	23963
original petition was filed, setting forth a general description	23964
of territory it desires to add or to delete from such district,	23965
that such change will be conducive to the public health, safety,	23966
convenience, and welfare, and will be consistent with the	23967
development of a new community and will not jeopardize the plan of	23968
the new community. If the developer is not a municipal	23969
corporation, port authority, or county, all of such an addition to	23970
such a district shall be owned by, or under the control through	23971
leases of at least seventy-five years' duration, options, or	23972
contracts to purchase, of the developer. In the case of a new	23973
community authority established on or after the effective date of	23974
this amendment and before January 1, 2012, such leases may be of	23975
not less than forty years' duration. Upon the filing of the	23976
application, the organizational board of commissioners shall	23977
follow the same procedure as required by this section in relation	23978
to the petition for the establishment of the proposed new	23979
community.	23980

(C) If all or any part of the new community district is	23981
annexed to one or more existing municipal corporations, their	23982
legislative authorities may appoint persons to replace any	23983
appointed citizen member of the board of trustees. The number of	23984
such trustees to be replaced by the municipal corporation shall be	23985
the number, rounded to the lowest integer, bearing the	23986
proportionate relationship to the number of existing appointed	23987
citizen members as the acreage of the new community district	23988
within such municipal corporation bears to the total acreage of	23989
the new community district. If any such municipal corporation	23990
chooses to replace an appointed citizen member, it shall do so by	23991
ordinance, the term of the trustee being replaced shall terminate	23992
thirty days from the date of passage of such ordinance, and the	23993
trustee to be replaced shall be determined by lot. Each newly	23994
appointed member shall assume the term of the member's	23995
predecessor.	23996

Sec. 353.01. For purposes of this chapter:

23997

(A) "Lake facilities authority" means a body corporate and	23998
politic created pursuant to section 353.02 of the Revised Code.	23999

(B) "Watershed" means a watershed as determined by the United	24000
States geological survey.	24001

(C) "Distressed watershed" means a watershed meeting all of	24002
the following conditions:	24003

(1) The last resolution necessary for the creation of a lake	24004
facilities authority under section 353.02 of the Revised Code is	24005
adopted before the end of the calendar year that includes the date	24006
that is two years after the director of natural resources	24007
designated the watershed as a "watershed in distress" pursuant to	24008
section 1511.02 of the Revised Code;	24009

(2) The watershed contains a natural or man-made lake of at	24010
least one-half square mile that has experienced levels of	24011
microcystin toxins in excess of eighty parts-per-billion, as	24012
measured by the Ohio environmental protection agency, during the	24013
twenty-four month period immediately preceding the date the last	24014
resolution necessary for the creation of a lake facilities	24015
authority under section 353.02 of the Revised Code was adopted;	24016

(3) The watershed is partially or completely located within a	24017
state park, as defined in section 154.01 of the Revised Code, that	24018
has averaged at least four hundred thousand visitors per year for	24019
the four calendar years preceding the calendar year in which the	24020
last resolution necessary for the creation of a lake facilities	24021
authority under section 353.02 of the Revised Code was adopted.	24022

(D) "Impacted lake district" means the territory of all	24023
townships and municipal corporations having territory in a	24024
distressed watershed.	24025

(E) "Cost" as applied to a lake facilities authority facility	24026
means the cost of acquisition or construction of the facility; the	24027
cost of acquisition of all land, rights-of-way, property rights,	24028
easements, franchise rights, and interests required for such	24029
acquisition; the cost of demolishing or removing any buildings or	24030
structures on land so acquired, including the cost of acquiring	24031
any lands to which such buildings or structures may be moved; the	24032
cost of acquiring or constructing and equipping a principal office	24033
of the lake facilities authority; the cost of diverting highways,	24034
interchange of highways, and access roads to private property,	24035
including the cost of land or easements for the access roads, the	24036
cost of public utility and common carrier relocation or	24037
duplication, the cost of all machinery, furnishings, and	24038
equipment, financing charges, interest prior to and during any	24039
construction and for no more than eighteen months after completion	24040
of any construction; engineering; expenses of research and	24041
development with respect to an impacted lake district; legal	24042
expenses; expenses of developing or obtaining plans,	24043
specifications, engineering surveys, studies, and estimates of	24044
cost and revenues; expenses necessary or incident to determining	24045
the feasibility or practicability of acquiring or constructing the	24046
facility or remediating the impacted lake district; administrative	24047
expense; and such other expenses as may be necessary or incident	24048
to the acquisition or construction of the facility, the	24049
remediation of the impacted lake district and other activities	24050
authorized by this chapter, the financing of such acquisition,	24051
construction or remediation, including the amount authorized in	24052
the resolution of the lake facilities authority providing for the	24053
issuance of lake facilities authority revenue bonds to be paid	24054
into any special funds from the proceeds of such bonds and the	24055
financing of the placing of the facility in operation, the cost of	24056
issuing the bonds, and the financing of remediation and other	24057
purposes authorized by this chapter.	24058

(F) "Revenues" means all rentals and other charges received	24059
by the lake facilities authority with respect to a distressed	24060
watershed; any gift or grant received with respect to any	24061
distressed watershed; money received in repayment of, and for	24062
interest on, any loans made by the authority to a person or	24063
governmental agency, whether from the United States or any	24064
department, administration, or agency thereof, or otherwise;	24065
proceeds of lake facilities authority revenue bonds to the extent	24066
the use thereof for payment of principal or of premium, if any, or	24067
interest on the bonds is authorized by the authority; proceeds	24068
from any insurance, appropriation, or guaranty pertaining to a	24069
distressed watershed or property mortgaged to secure bonds or	24070
pertaining to the financing of any activities authorized under	24071
this chapter; income and profit from the investment of the	24072
proceeds of lake facilities authority revenue bonds or of any	24073
revenues; contributions of service payments in lieu of taxes	24074
generated pursuant to section 5709.40, 5709.41, 5709.73, or	24075
5709.78 of the Revised Code, and all other nontax revenues paid or	24076
payable to the lake facilities authority; and the proceeds of	24077
charges levied pursuant to section 353.06 of the Revised Code.	24078

(G) "Lake facilities revenue bonds," unless the context	24079
indicates a different meaning or intent, includes revenue notes,	24080
revenue renewal notes, and revenue refunding bonds.	24081

(H) "Authorized purpose" means activities that remediate,	24082
rehabilitate, enhance, foster, aid, improve, provide, or promote a	24083
distressed watershed within the jurisdiction of the lake	24084
facilities authority, including, without limitation, research and	24085
development efforts related thereto.	24086

(I) "Lake facilities authority facility" or "facility" means	24087
real or personal property, or any combination thereof owned,	24088
leased, or otherwise controlled or financed by a lake facilities	24089
authority and directly related to an authorized purpose.	24090

Sec. 353.02. A lake facilities authority may be created by	24091
the board of county commissioners of a county that contains all of	24092
the territory of a distressed watershed. If the territory of a	24093
distressed watershed is contained within more than one county, a	24094
joint facilities lake authority may be created by resolution of	24095
the board of commissioners of each county in which the distressed	24096
watershed is located. A resolution creating a lake facilities	24097
authority must include a finding that the watershed sought to be	24098
improved or remediated pursuant to this chapter is a distressed	24099
watershed.	24100

A lake facilities authority created pursuant to this section	24101
is a body corporate and politic which may sue and be sued, plead	24102
and be impleaded, and has the powers and jurisdiction enumerated	24103
in this chapter. The exercise by an authority of the powers	24104
conferred upon it shall be deemed to be essential governmental	24105
functions of this state.	24106

Within sixty days after the creation of a lake facilities	24107
authority, the county engineer of each county with territory in	24108
the distressed watershed shall prepare a survey denoting the	24109
boundaries of the distressed watershed in the county. The survey	24110
shall include references to the county auditor's permanent parcel	24111
number designations as those parcel number designations correspond	24112
to the boundaries of the distressed watershed. If requested by the	24113
county engineer of each county with territory in the distressed	24114
watershed, the cost of such surveys shall be paid from the funds	24115
of the lake facilities authority pursuant to an agreement between	24116
the lake facilities authority and the county engineer of each	24117
county. Such funds may be advanced by the board of county	24118
commissioners of any county with territory in the distressed	24119
watershed.	24120

The county auditor of the county with the greatest amount of	24121
territory in the distressed watershed shall be the fiscal officer	24122
for the lake facilities authority. The county prosecutor of the	24123
county with the greatest amount of territory in the distressed	24124
watershed shall be the legal advisor of the lake facilities	24125
authority and shall prosecute and defend all suits and actions	24126
that the lake facilities authority directs or to which it is a	24127
party.	24128

Upon the creation of a lake facilities authority, no	24129
authority that is granted by law any powers or duties that are	24130
substantially the same as the powers and duties of a lake	24131
facilities authority may be created if its territorial	24132
jurisdiction includes any territory within the impacted lake	24133
district.	24134

Sec. 353.03. A lake facilities authority may do all of the	24135
following:	24136

(A) Acquire by purchase, lease, gift, or otherwise, on such	24137
terms and in such manner as it considers proper, real and personal	24138
property necessary for an authorized purpose or any estate,	24139
interest, or right therein, within or without the impacted lake	24140
district;	24141

(B) Improve, remediate, maintain, sell, lease, or otherwise	24142
dispose of real and personal property on such terms and in such	24143
manner as it considers proper;	24144

(C) Adopt, modify, and enforce reasonable rules and	24145
regulations governing distressed watersheds;	24146

(D) Employ such managers, administrative officers, agents,	24147
engineers, architects, attorneys, contractors, subcontractors, and	24148
employees as may be appropriate in the exercise of the rights,	24149
powers, and duties conferred on it, prescribe the duties and	24150
compensation for such persons, require bonds to be given by any	24151
such persons and by officers of the authority for the faithful	24152
performance of their duties, and fix the amount and surety	24153
therefor, and pay the surety;	24154

(E) Sue and be sued in its corporate name;

24155

(F)(1) Make and enter into all contracts and agreements and	24156
execute all instruments relating to the provisions of this	24157
chapter;	24158

(2) Except as provided otherwise under division (F)(2) and	24159
(3) of this section, when the cost of a contract for the	24160
construction of any building, structure, or other improvement	24161
undertaken by a lake facilities authority involves an expenditure	24162
exceeding twenty-five thousand dollars, and the lake facilities	24163
authority is the contracting authority, the lake facilities	24164
authority shall make a written contract after notice calling for	24165
bids for the award of the contract has been given by publication	24166
twice, with at least seven days between publications, in a	24167
newspaper of general circulation in the impacted lake district.	24168
Each such contract shall be awarded to the lowest responsive and	24169
responsible bidder in accordance with section 9.312 of the Revised	24170
Code. The board of directors by rule may provide criteria for the	24171
negotiation and award without competitive bidding of any contract	24172
as to which the lake facilities authority is the contracting	24173
authority for the construction of any building or structure or	24174
other improvement under any of the following circumstances:	24175

(a) There exists a real and present emergency that threatens	24176
damage to property or injury to persons of the lake facilities	24177
authority or other persons, provided that a statement specifying	24178
the nature of the emergency that is the basis for the negotiation	24179
and award of a contract without competitive bidding shall be	24180
signed at the time of the contract's execution by the officer of	24181
the lake facilities authority that executes the contract and shall	24182
be attached to the contract;	24183

(b) A commonly recognized industry or other standard or	24184
specification does not exist and cannot objectively be articulated	24185
for the improvement;	24186

(c) The contract is for any energy conservation measure as	24187
defined in section 307.041 of the Revised Code;	24188

(d) With respect to material to be incorporated into the	24189
improvement, only a single source or supplier exists for the	24190
material;	24191

(e) A single bid is received by the lake facilities authority	24192
after complying with the above provisions;	24193

(3) In addition to the exceptions to competitive bidding	24194
requirements under division (F)(2) of this section, a lake	24195
facilities authority may contract for the acquisition or	24196
construction of any property for an authorized purpose and for the	24197
leasing, subleasing, sale, or other disposition of the property in	24198
a manner determined by the lake facilities authority in its sole	24199
discretion, without necessity for competitive bidding or	24200
performance bonds.	24201

(4) With respect to any public improvement undertaken by, or	24202
under contract for, the lake facilities authority, the authority	24203
may elect to apply sections 4115.03 to 4115.21 of the Revised	24204
Code.	24205

(G) Accept aid or contributions from any source of money,	24206
property, labor, or other things of value, to be held, used, and	24207
applied only for the purposes for which the grants and	24208
contributions are made;	24209

(H) Apply for and accept grants, loans, or commitments of	24210
guarantee or insurance, including any guarantees of lake	24211
facilities authority bonds and notes, from the United States, the	24212
state, or other public body or other sources, and provide any	24213
consideration which may be required in order to obtain such	24214
grants, loans, or contracts of guarantee or insurance;	24215

(I) Procure insurance against loss to the lake facilities	24216
authority by reason of damage to its properties resulting from	24217
fire, theft, accident, or other casualties, or by reason of its	24218
liability for any damages to persons or property occurring in the	24219
construction or operation of facilities or areas under its	24220
jurisdiction or the conduct of its activities;	24221

(J) Maintain such funds or reserves as it considers necessary	24222
for the efficient performance of its duties;	24223

(K)(1) Enforce any covenants, of which the lake facilities	24224
authority is the beneficiary, running with the land, including the	24225
collection of any lake facilities development charge deemed to be	24226
a covenant running with the land and enforceable by the lake	24227
facilities authority pursuant to section 353.06 of the Revised	24228
Code;	24229

(2) Waive, reduce, or terminate any lake facilities	24230
development charge of which the lake facilities authority is the	24231
beneficiary, to the extent not needed for any of the purposes	24232
provided in section 353.06 of the Revised Code and to the extent a	24233
resolution authorizing the issuance of lake facilities authority	24234
revenue bonds or a trust agreement or indenture of mortgage	24235
securing the bonds does not prohibit such waiver, reduction, or	24236
termination. The procedure for any waiver, reduction, or	24237
termination shall be provided in the covenants.	24238

(L) Appropriate for its use, under sections 163.01 to 163.22	24239
of the Revised Code, any land, easement, rights, rights-of-way,	24240
franchises, or other property in the distressed watershed	24241
necessary for an authorized purpose;	24242

(M) Issue securities for the remediation of a distressed	24243
watershed and directly related permanent improvements in	24244
compliance with Chapter 133. of the Revised Code, except that such	24245
bonds or notes may be issued only pursuant to a vote of the	24246
electors residing within the impacted lake district. The net	24247
indebtedness incurred by a lake facilities authority pursuant to	24248
this division may not exceed one-tenth of one per cent of the	24249
total value of all property within the territory comprising the	24250
impacted lake district as listed and assessed for taxation.	24251

(N) Issue lake facilities authority revenue bonds beyond the	24252
limit of bonded indebtedness provided by law, payable solely from	24253
revenues as provided in section 353.10 of the Revised Code for the	24254
purpose of providing funds to pay costs of any facility or	24255
facilities or parts thereof;	24256

(O) Advise and provide input to political subdivisions within	24257
the impacted lake district with respect to zoning and land use	24258
planning within the impacted lake district;	24259

(P) Enter into agreements for the management, ownership,	24260
possession, or control of lands or property to be used for wetland	24261
mitigation banking;	24262

(Q) With the approval of the director of natural resources	24263
with respect to a state park, charge user fees within the	24264
distressed watershed, including, but not limited to, dock fees and	24265
campsite fees in amounts to be determined by the lake facilities	24266
authority in its sole discretion.	24267

Sec. 353.04. (A) Upon the creation of a lake facilities	24268
authority under section 353.02 of the Revised Code, a board of	24269
directors consisting of the county commissioners of each county	24270
with territory in the impacted lake district shall be created.	24271
Membership on the board is not a direct or indirect interest in a	24272
contract or expenditure of money by the county. Notwithstanding	24273
any provision of law to the contrary, no member of the board shall	24274
be disqualified from holding any public office or employment by	24275
reason of membership on the board. The board is a public body for	24276
the purposes of section 121.22 of the Revised Code and a public	24277
office for the purposes of section 149.43 of the Revised Code.	24278
Notwithstanding those sections, the board may hold closed meetings	24279
and protect the confidentiality of information under the same	24280
circumstances as authorized for a community improvement	24281
corporation under section 1724.11 of the Revised Code. Chapter	24282
2744. of the Revised Code applies to the board. Each year, the	24283
board shall prepare an annual report of its activities and make it	24284
available to the public.	24285

(B) A board of directors shall consult with the advisory	24286
council created under this division in performing the remediation	24287
and other activities authorized by this chapter.	24288

Not later than sixty days after the creation of the board of	24289
directors, the board shall provide written notice of its creation	24290
to the legislative authority of each political subdivision with	24291
territory in the impacted lake district. The notice shall describe	24292
the process for the appointment of an advisory council. Upon	24293
receipt of such notice, the legislative authority of each	24294
political subdivision with territory in the impacted lake district	24295
shall appoint one representative each to serve on the advisory	24296
council. The representative need not be an elected or appointed	24297
official of the political subdivision.	24298

Sec. 353.05. The board of directors of a lake facilities	24299
authority, by resolution, may propose the levy of a tax upon the	24300
taxable property in the impacted lake district pursuant to section	24301
5705.55 of the Revised Code.	24302

Sec. 353.06. (A) Upon the affirmative vote of at least a	24303
majority of the qualified electors in a primary or general	24304
election within the distressed watershed voting at an election	24305
held for the purpose of authorizing same, the board of directors	24306
of a lake facilities authority may, by resolution, levy a lake	24307
facilities development charge on property within the territory of	24308
the distressed watershed. The charge may be used for any costs	24309
authorized under this chapter. A charge levied under this section	24310
may not exceed one-half per cent of the true value of a parcel of	24311
real property as enhanced by the improvement for which the charge	24312
is levied. The true value shall be determined as of the date of	24313
the resolution adopted under this division. The term of the lake	24314
facilities development charge shall not exceed thirty years. The	24315
charge shall be apportioned to and levied on each tract of land or	24316
other property in the distressed watershed based on either of the	24317
following allocation methods:	24318

(1) The benefit conferred on property owners within the	24319
distressed watershed as a result of remediation activities and	24320
other capital expenditures occurring within the distressed	24321
watershed pursuant to this chapter;	24322

(2) The measurable pollution or other harm caused by the	24323
property owners within the distressed watershed.	24324

The lake facilities development charges authorized under this	24325
section shall be used for any and all costs authorized by this	24326
chapter.	24327

(B) The board of directors shall prepare a listing of the	24328
properties to be affected by the lake facilities development	24329
charge and the estimated amount of such charges. Not later than	24330
thirty days before the date of the primary or general election at	24331
which the electors will vote on the imposition of the charge, the	24332
listing shall be placed on file in the office of the lake	24333
facilities authority, and notice by publication shall be given to	24334
property owners to be assessed. Not earlier than thirty days after	24335
the approval of the charge by the electors, the board of directors	24336
shall provide property owners with a final assessment notice for	24337
the first year of the charge by mail. Any owner of real property	24338
assessed shall pay the first year of the charge to the treasurer	24339
of the lake facilities authority within thirty days after receipt	24340
of the final assessment notice.	24341

For the first year of the charge, after the expiration of the	24342
thirty-day period during which property owners shall pay the lake	24343
facilities development charges, a copy of that part of the charge	24344
record shall be filed with the county auditor of the county and	24345
placed on the tax list, and the charges shall be a lien upon the	24346
several parcels of land respectively from and after the date of	24347
the order of the board approving and levying the charge until it	24348
is paid. For all subsequent years, the charges shall be a lien	24349
upon the several parcels of land, and the county treasurer of the	24350
county shall collect the charges in the same manner and at the	24351
time as property taxes are collected, and shall pay the amounts	24352
collected, together with any interest and penalty, to the	24353
treasurer of the lake facilities authority. For the purpose of	24354
enforcing the charge, the county treasurer has the same power and	24355
authority as allowed by law for the collection of property taxes.	24356
The lien imposed under this division shall be treated in the same	24357
manner as taxes for the purposes of the lien described in section	24358
323.11 of the Revised Code, including the priority and enforcement	24359
of the lien and the collection of the charges secured by the lien.	24360

In the event the charge specified in this section is not paid	24361
within the time limits prescribed by this section, a penalty equal	24362
to ten per cent of the charge amount then due, plus interest	24363
charged at the rate provided under section 5703.47 of the Revised	24364
Code, shall be added to the balance of the charges due.	24365

The form of the ballot in an election held on the question of	24366
levying a charge proposed pursuant to this section shall be as	24367
follows or in any other form acceptable to the secretary of state:	24368

"A charge for the benefit of (name of lake facilities	24369
authority) .......... for the purpose of .......... to be based on	24370
......... (the benefit conferred on property owners within the	24371
distressed watershed as a result of remediation activities and	24372
other capital expenditures occurring within the distressed	24373
watershed or the measurable pollution or other harm caused by the	24374
property owners within the distressed watershed), but not to	24375
exceed 10 mills for each one dollar of valuation, for ............	24376
(number of years the charge is to run).	24377

24378

		For the Charge			24379
		Against the Charge	"		24380

24381

Sec. 353.07. As used in this section, "hotel" and "transient	24382
guests" have the same meanings as in section 5739.01 of the	24383
Revised Code, except that "transient guests" includes persons	24384
renting a private or public campground.	24385

A resolution creating a lake facilities authority under	24386
section 353.02 of the Revised Code, or any amendments or	24387
supplements thereto, may authorize the authority to levy an excise	24388
tax on transactions by which lodging in a hotel or rental of a	24389
private or public campground is or is to be furnished to transient	24390
guests to pay any costs authorized under this chapter; to pay	24391
principal, interest, and premium on lake facilities authority tax	24392
anticipation bonds issued to pay those costs; to pay the operating	24393
costs of the authority; and to pay the costs of administering the	24394
tax.	24395

Upon the affirmative vote of at least a majority of the	24396
qualified electors in a primary or general election within the	24397
impacted lake district voting at an election held for the purpose	24398
of authorizing the tax, the board of directors of a lake	24399
facilities authority authorized to levy a tax under this section	24400
may, by resolution, levy an additional excise tax within the	24401
territory of the impacted lake district on all transactions by	24402
which lodging in a hotel or rental of a private or public	24403
campground is or is to be furnished to transient guests. The rate	24404
of the tax, when added to the aggregate rate of excise taxes	24405
levied in the impacted lake district pursuant to section 351.021,	24406
5739.08, or 5739.09 of the Revised Code, shall not cause the total	24407
aggregate rate to exceed five per cent on any such transaction.	24408

The lake facilities authority shall provide for the	24409
administration and allocation of a tax levied pursuant to this	24410
section. All receipts arising from the tax shall be expended for	24411
the purposes provided in, and in accordance with, this section. An	24412
excise tax levied under this section shall remain in effect at the	24413
rate at which it is levied for at least the duration of the period	24414
for which the receipts from the tax have been anticipated and	24415
pledged pursuant to section 353.09 of the Revised Code.	24416

The form of the ballot in an election held on the question of	24417
levying a tax proposed pursuant to this section shall be as	24418
follows or in any other form acceptable to the secretary of state:	24419

"An excise tax on all transactions by which lodging in a	24420
hotel or rental of a private or public campground is or is to be	24421
furnished to transient guests within the territory of the (name of	24422
impacted lake district) ........... for the purpose of ..........	24423
at a rate of ......... for ............ (number of years the tax	24424
is to be levied).	24425

24426

		For the Excise Tax			24427
		Against the Excise Tax	"		24428

Sec. 353.08. The director of natural resources may transfer	24429
real property owned by the state to a lake facilities authority	24430
for the purpose of promoting wetland banking, wildlife, or	24431
sporting activities. The division of wildlife within the	24432
department of natural resources may enter into an agreement with a	24433
lake facilities authority to establish wetland or natural areas to	24434
benefit wildlife or sporting activities. The agreement may be	24435
entered as part of, or in conjunction with, a mitigation banking	24436
program.	24437

Sec. 353.09. A lake facilities authority that levies the tax	24438
or development charge authorized by sections 353.05 and 5705.55 or	24439
section 353.06 of the Revised Code may, by resolution, anticipate	24440
the proceeds of the tax or charge and issue lake facilities	24441
authority anticipation bonds, and notes anticipating the proceeds	24442
or the bonds, in the principal amount that, in the opinion of the	24443
authority, are necessary for the purpose of paying the cost of an	24444
authorized purpose, and that the authority is able to pay over the	24445
term of the issue with the interest on the bonds or notes, or in	24446
the case of notes anticipating bonds over the term of the bonds,	24447
by the estimated amount of the taxes or charges anticipated. The	24448
taxes or charges are determined by the general assembly to satisfy	24449
any applicable requirement of Section 11 of Article XII, Ohio	24450
Constitution.	24451

Every issue of outstanding anticipation bonds shall be	24452
payable out of the proceeds of the taxes or charges anticipated	24453
and other revenues of the authority that are pledged for such	24454
payment. The pledge shall be valid and binding from the time the	24455
pledge is made, and the anticipated excise taxes, charges, and	24456
revenues so pledged and thereafter received by the authority	24457
immediately shall be subject to the lien of that pledge without	24458
any physical delivery of those taxes, charges, and revenues or	24459
further act. The lien of any pledge is valid and binding as	24460
against all parties having claims of any kind in tort, contract,	24461
or otherwise against the authority, whether or not such parties	24462
have notice of the lien. Neither the resolution nor any trust	24463
agreement by which a pledge is created need be filed or recorded	24464
except in the authority's records.	24465

The anticipation bonds shall bear such date or dates, and	24466
shall mature at such time or times, in the case of any such notes	24467
or any renewals of such notes not exceeding twenty years from the	24468
date of issue of such original notes and in the case of any such	24469
bonds or any refunding bonds not exceeding forty years from the	24470
date of the original issue of notes or bonds for the purpose, and	24471
shall be executed in the manner that the resolution authorizing	24472
the bonds may provide. The anticipation bonds shall bear interest	24473
at such rates, or at variable rate or rates changing from time to	24474
time, in accordance with provisions provided in the authorizing	24475
resolution, be in such denominations and form, either coupon or	24476
registered, carry such registration privileges, be payable in such	24477
medium of payment and at such place or places, and be subject to	24478
such terms of redemption, as the authority may authorize or	24479
provide.	24480

Sec. 353.10. A lake facilities authority at any time may	24481
issue lake facilities authority revenue bonds in such principal	24482
amounts as, in the opinion of the lake facilities authority, are	24483
necessary for the purpose of paying the cost of one or more lake	24484
facilities authority facilities or parts thereof. A lake	24485
facilities authority at any time may issue renewal notes, issue	24486
bonds to retire its notes and, whenever it considers refunding	24487
expedient, refund any bonds by the issuance of lake facilities	24488
authority revenue refunding bonds, whether the bonds to be	24489
refunded have or have not matured, and issue lake facilities	24490
authority revenue bonds partly to refund outstanding bonds and	24491
partly for any other authorized purpose. The lake facilities	24492
authority revenue refunding bonds shall be sold and the proceeds	24493
applied to the purchase, redemption, or payment of the bonds to be	24494
refunded. Lake facilities authority revenue bonds shall be special	24495
obligations of the lake facilities authority payable out of the	24496
revenues of the lake facilities authority that are pledged for	24497
such payment. The pledge shall be valid and binding from the time	24498
the pledge is made and the revenues so pledged and thereafter	24499
received by the lake facilities authority immediately shall be	24500
subject to the lien of the pledge without any physical delivery	24501
thereof or further act, and the lien of the pledge is valid and	24502
binding as against all parties having claims of any kind in tort,	24503
contract, or otherwise against the lake facilities authority,	24504
irrespective of whether those parties have notice thereof. Neither	24505
the resolution nor any trust agreement by which a pledge is	24506
created need be filed or recorded except in the records of the	24507
lake facilities authority.	24508

Whether or not the lake facilities authority revenue bonds	24509
are of such form and character as to be negotiable instruments,	24510
the lake facilities authority revenue bonds shall have all the	24511
qualities and incidents of negotiable instruments, subject only to	24512
the provisions of the bonds for registration.	24513

The lake facilities authority revenue bonds shall be	24514
authorized by resolution of the lake facilities authority, and	24515
shall bear interest at such rate or rates, shall bear such date or	24516
dates, and shall mature at such time or times, and in such number	24517
of installments as may be provided in or pursuant to that	24518
resolution. The final maturity of any lake facilities authority	24519
revenue bond in the form of a note and any renewals thereof shall	24520
not exceed five years from the date of issue of the original note.	24521
The final maturity of any issue of lake facilities authority	24522
revenue bonds shall not be later than forty-five years from the	24523
date of issue of the original issue of bonds. Any such bonds or	24524
notes shall be executed in a manner as the resolution or	24525
resolutions may provide. The lake facilities authority revenue	24526
bonds shall be in such denominations, be in such form, either	24527
coupon or registered, carry such registration privileges, be	24528
payable in such medium of payment, at such place or places, and be	24529
subject to such terms of redemption as may be provided in or	24530
pursuant to the resolution authorizing their issuance. Lake	24531
facilities authority revenue bonds of the lake facilities	24532
authority may be sold by the lake facilities authority, at public	24533
or private sale, at or at not less than a price or prices as the	24534
lake facilities authority determines. In case any officer whose	24535
signature or a facsimile of whose signature appears on any bonds,	24536
notes, or coupons, ceases to be such officer before delivery of	24537
bonds or notes, the signature or facsimile shall nevertheless be	24538
sufficient for all purposes the same as if the officer had	24539
remained in office until such delivery, and in case the seal of	24540
the lake facilities authority has been changed after a facsimile	24541
has been imprinted on such bonds or notes, the facsimile seal will	24542
continue to be sufficient for all purposes.	24543

Any resolution or resolutions authorizing any lake facilities	24544
authority revenue bonds or any issue of bonds may contain	24545
provisions, subject to any agreements with bondholders as may then	24546
exist, which provisions shall be a part of the contract with the	24547
holders of bonds, as to the pledging of all or any part of the	24548
revenues of the lake facilities authority to secure the payment of	24549
the lake facilities authority bonds or of any issue of the bonds;	24550
the use and disposition of revenues of the lake facilities	24551
authority; a covenant to fix, alter, and collect rentals and other	24552
charges so that pledged revenues will be sufficient to pay costs	24553
of operation, maintenance, and repairs, pay principal of and	24554
interest on bonds secured by the pledge of such revenues, and	24555
provide any reserves that may be required by the applicable	24556
resolution or trust agreement; the setting aside of reserve funds,	24557
sinking funds, or replacement and improvement funds and the	24558
regulation and disposition thereof; the crediting of the proceeds	24559
of the sale of bonds to and among the funds referred to or	24560
provided for in or pursuant to the resolution authorizing the	24561
issuance of the bonds or notes; the use, lease, sale, or other	24562
disposition of any lake facilities authority facility or any other	24563
assets of the lake facilities authority; limitations on the	24564
purpose to which the proceeds of sale of bonds may be applied and	24565
the pledging of those proceeds to secure the payment of the bonds	24566
or of any issue of the bonds; as to notes issued in anticipation	24567
of the issuance of bonds, the agreement of the lake facilities	24568
authority to do all things necessary for the authorization,	24569
issuance, and sale of the bonds in amounts that may be necessary	24570
for the timely retirement of the notes; limitations on the	24571
issuance of additional bonds; the terms upon which additional	24572
bonds may be issued and secured; the refunding of outstanding	24573
bonds; the procedure, if any, by which the terms of any contract	24574
with bondholders may be amended or abrogated, the amount of bonds	24575
the holders of which must consent thereto, and the manner in which	24576
such consent may be given; limitations on the amount of moneys to	24577
be expended by the lake facilities authority for operating,	24578
administrative, or other expenses of the lake facilities	24579
authority; securing any bonds or notes by a trust agreement; and	24580
any other matters, of like or different character, that in any way	24581
affect the security or protection of the bonds or notes.	24582

Neither the board of directors of the lake facilities	24583
authority nor any person executing the bonds shall be liable	24584
personally on the bonds or be subject to any personal liability or	24585
accountability by reason of the issuance thereof.	24586

The issuance of lake facilities authority revenue bonds under	24587
this section need not comply with any other law applicable to the	24588
issuance of bonds or notes.	24589

Sec. 353.11. (A) With respect to facilities, and their	24590
financing, for an authorized purpose, under agreements whereby the	24591
person to whom the facility is to be leased, subleased, or sold,	24592
or to whom a loan is to be made for the facility, is to make	24593
payments sufficient to pay all of the principal of, premium, if	24594
any, and interest on the lake facilities authority revenue bonds	24595
issued for the facility, the lake facilities authority, in	24596
addition to other powers under this chapter, may do any of the	24597
following:	24598

(1) Make loans for the acquisition or construction of the	24599
facility to such person upon such terms as the lake facilities	24600
authority may determine or authorize including secured or	24601
unsecured loans, and, in connection therewith, enter into loan	24602
agreements and other agreements, accept notes and other forms of	24603
obligation to evidence such indebtedness and mortgages, liens,	24604
pledges, assignments, or other security interests to secure such	24605
indebtedness, which may be prior or subordinate to or on a parity	24606
with other indebtedness, obligations, mortgages, pledges,	24607
assignments, other security interests, or liens or encumbrances,	24608
and take actions it considers appropriate to protect such security	24609
and safeguard against losses, including, without limitation,	24610
foreclosure and the bidding upon and purchase of property upon	24611
foreclosure or other sale;	24612

(2) Sell the facility under such terms as it may determine,	24613
including, without limitation, sale by conditional sale or	24614
installment sale, under which title may pass prior to or after	24615
completion of the facility or payment or provisions for payment of	24616
all principal of, premium, if any, and interest on the bonds, or	24617
at any other time provided in the agreement pertaining to the	24618
sale, and including sale under an option to purchase at a price	24619
which may be a nominal amount or less than true value at the time	24620
of purchase;	24621

(3) Grant a mortgage, lien, or other encumbrance on, or	24622
pledge or assignment of, or other security interest with respect	24623
to, all or any part of the facility, revenues, reserve funds, or	24624
other funds established in connection with the bonds, or on, of,	24625
or with respect to any lease, sublease, sale, conditional sale or	24626
installment sale agreement, loan agreement, or other agreement	24627
pertaining to the lease, sublease, sale, or other disposition of a	24628
facility or pertaining to a loan made for a facility, or any	24629
guaranty or insurance agreement made with respect thereto, or any	24630
interest of the lake facilities authority therein, or any other	24631
interest granted, assigned, or released to secure payments of the	24632
principal of, premium, if any, or interest on the bonds or to	24633
secure any other payments to be made by the lake facilities	24634
authority, which mortgage, lien, encumbrance, pledge, assignment,	24635
or other security interest may be prior or subordinate to or on a	24636
parity with any other mortgage, assignment, or other security	24637
interest, or lien or encumbrance;	24638

(4) Provide that the interest on the bonds may be at a	24639
variable rate or rates changing from time to time in accordance	24640
with a base or formula as authorized by the lake facilities	24641
authority;	24642

(5) Contract for the acquisition or construction of the	24643
facility or any part thereof and for the leasing, subleasing,	24644
sale, or other disposition of the facility in a manner determined	24645
by the lake facilities authority in its sole discretion, without	24646
necessity for competitive bidding or performance bonds;	24647

(6) Make appropriate provision for adequate maintenance of	24648
the facility.	24649

(B) With respect to the facilities referred to in this	24650
section, the authority granted by this section is cumulative and	24651
supplementary to all other authority granted in this chapter. The	24652
authority granted by this section does not alter or impair any	24653
similar authority granted elsewhere in this chapter for or with	24654
respect to other facilities.	24655

Sec. 353.12. In the discretion of the lake facilities	24656
authority, any lake facilities authority revenue bonds issued	24657
under this chapter may be secured by a trust agreement between the	24658
lake facilities authority and a corporate trustee that may be any	24659
trust company or bank having the powers of a trust company within	24660
or without the state.	24661

The trust agreement may pledge or assign revenues of the lake	24662
facilities authority to be received and may convey or mortgage any	24663
facility or any part thereof. The trust agreement or any	24664
resolution providing for the issuance of such bonds may contain	24665
any provisions for protecting and enforcing the rights and	24666
remedies of the bondholders as are reasonable and proper and not	24667
in violation of law, including covenants setting forth the duties	24668
of the lake facilities authority in relation to the acquisition of	24669
property, the construction, improvement, maintenance, repair,	24670
operation, and insurance of the facility in connection with which	24671
the bonds are authorized, the rentals or other charges to be	24672
imposed for the use or services of any facility, the custody,	24673
safeguarding, and application of all moneys, and provisions for	24674
the employment of consulting engineers in connection with the	24675
construction or operation of the facility.	24676

Any bank or trust company incorporated under the laws of this	24677
state that may act as depository of the proceeds of bonds or of	24678
revenues may furnish any indemnifying bonds or may pledge any	24679
securities that are required by the lake facilities authority. The	24680
trust agreement may set forth the rights and remedies of the	24681
bondholders and of the trustee, and may restrict the individual	24682
right of action by bondholders as is customary in trust agreements	24683
or trust indentures securing similar bonds. The trust agreement	24684
may contain any other provisions that the lake facilities	24685
authority determines reasonable and proper for the security of the	24686
bondholders. All expenses incurred in carrying out the provisions	24687
of the trust agreement may be treated as a part of the cost of the	24688
operation of the facility.	24689

Sec. 353.13. Any holder of lake facilities authority revenue	24690
bonds issued under sections 353.10 to 353.16 of the Revised Code,	24691
or any of the coupons pertaining to those bonds, and the trustee	24692
under any trust agreement, except to the extent the rights given	24693
by those sections may be restricted by the applicable resolution	24694
or that trust agreement, may by suit, action, mandamus, or other	24695
proceedings, protect and enforce any rights under the laws of the	24696
state or granted under those sections, the trust agreement, or the	24697
resolution authorizing the issuance of the bonds, and may enforce	24698
and compel the performance of all duties required by those	24699
sections, or by the trust agreement or resolution, to be performed	24700
by the lake facilities authority or any officer of the lake	24701
facilities authority, including the fixing, charging, and	24702
collecting of rentals or other charges.	24703

Sec. 353.14. Lake facilities authority revenue bonds issued	24704
under sections 353.10 to 353.16 of the Revised Code do not	24705
constitute a debt, or a pledge of the faith and credit, of the	24706
state or any political subdivision of the state. The holders or	24707
owners of the bonds have no right to have taxes levied by the	24708
general assembly or taxing authority of any political subdivision	24709
of the state for the payment of the principal of or interest on	24710
the bonds. The bonds are payable solely from the revenues and	24711
funds pledged for their payment as authorized by this chapter,	24712
unless the revenue bonds are notes issued in anticipation of the	24713
issuance of the bonds, or the revenue bonds are refunded by	24714
refunding bonds issued under section 353.10 of the Revised Code,	24715
provided that the refunding bonds shall be payable solely from	24716
revenues and funds pledged for their payment as authorized by that	24717
section. All bonds shall contain on the face thereof a statement	24718
to the effect that the bonds, as to both principal and interest,	24719
are not debts of the state or any political subdivision of the	24720
state, but are payable solely from revenues and funds pledged for	24721
their payment.	24722

Sec. 353.15. All moneys, funds, properties, and assets	24723
acquired by the lake facilities authority under this chapter,	24724
whether as proceeds from the sale of lake facilities authority	24725
revenue bonds or as revenues, or otherwise, shall be held by it in	24726
trust for the purposes of carrying out its powers and duties,	24727
shall be used and reused as provided in this chapter, and shall at	24728
no time be part of other public funds. Such funds, except as	24729
otherwise provided in any resolution authorizing its lake	24730
facilities authority revenue bonds or in any trust agreement	24731
securing those bonds, or except when invested pursuant to section	24732
353.16 of the Revised Code, shall be kept in depositories selected	24733
by the lake facilities authority in the manner provided in Chapter	24734
135. of the Revised Code for the selection of eligible public	24735
depositories, and the deposits shall be secured as provided in	24736
that chapter. The resolution authorizing the issuance of such	24737
bonds or the trust agreement securing the bonds shall provide that	24738
any officer to whom, or any bank or trust company to which, such	24739
money is paid shall act as trustee of the money and hold and apply	24740
the money for the purposes for which the bonds are issued, subject	24741
to such conditions as Chapter 135. of the Revised Code and such	24742
resolutions or trust agreement provide.	24743

Sec. 353.16. Except as otherwise provided in any resolution	24744
authorizing the issuance of its lake facilities authority revenue	24745
bonds or in any trust agreement securing the bonds, moneys in the	24746
funds of the lake facilities authority in excess of current needs	24747
may be invested as permitted by sections 135.01 to 135.21 of the	24748
Revised Code or invested in linked deposit programs established by	24749
resolution of the board of directors in accordance with section	24750
135.80 of the Revised Code. Income from all investments of moneys	24751
in any fund shall be credited to funds as the lake facilities	24752
authority determines, subject to the provisions of any such	24753
resolution or trust agreement, and the investments may be sold at	24754
any time the lake facilities authority determines.	24755

Sec. 353.17. Bonds of a lake facilities authority and lake	24756
facilities authority revenue bonds are lawful investments of	24757
banks, societies for savings, trust companies, savings and loan	24758
associations, deposit guaranty associations, trustees,	24759
fiduciaries, trustees or other officers having charge of the bond	24760
retirement funds or sinking funds of port authorities and	24761
political subdivisions, and taxing districts of this state, the	24762
commissioners of the sinking fund of this state, the administrator	24763
of workers' compensation, the state teachers retirement system,	24764
the school employees retirement system, the public employees	24765
retirement system, the Ohio police and fire pension fund, and	24766
insurance companies, including domestic life insurance companies	24767
and domestic insurance companies other than life, and are	24768
acceptable as security for the deposit of public moneys.	24769

Sec. 501.07. Lands described in division (A) of section	24770
501.06 of the Revised Code shall continue to be leased under the	24771
terms granted until such time as the lease may expire. At the time	24772
of expiration, subject to section 501.04 of the Revised Code, the	24773
land may be leased again by the board of education of the school	24774
district for whose benefit the land has been allocated or be	24775
offered for sale by public auction or by the receipt of sealed	24776
bids with the sale awarded by the school board to the highest	24777
bidder. Prior to the offering of these lands for sale, the school	24778
board shall have an appraisal made of these lands by at least two	24779
disinterested appraisers. Notification of the sale of these lands,	24780
including the minerals in or on these or other lands, shall be	24781
advertised ~~at least~~ once a week for two consecutive weeks, or as	24782
provided in section 7.16 of the Revised Code, in a newspaper of	24783
general circulation in the county in which the land is located. No	24784
bids shall be accepted for less than the appraised value of the	24785
land.	24786

Sec. 503.05. When a boundary line between townships is in	24787
dispute, the board of county commissioners, upon application of	24788
the board of township trustees of one of such townships, and upon	24789
notice in writing to the board of township trustees of such civil	24790
township, and on thirty days' public notice printed in a newspaper	24791
~~published~~of general circulation within the county, shall	24792
establish such boundary line and make a record thereof as provided	24793
by section 503.04 of the Revised Code.	24794

Sec. 503.162. (A) After certification of a resolution as	24795
provided in section 503.161 of the Revised Code, the board of	24796
elections shall submit the question of whether the township's name	24797
shall be changed to the electors of the unincorporated area of the	24798
township in accordance with division (C) of that section, and the	24799
ballot language shall be substantially as follows:	24800

"Shall the township of .......... (name) change its name to	24801
........ (proposed name)?	24802

.......... For name change

24803

.......... Against name change"

24804

(B)(1) At least forty-five days before the election on this	24805
question, the board of township trustees shall provide notice of	24806
the election and an explanation of the proposed name change in a	24807
newspaper of general circulation in the township once a week for	24808
two consecutive weeks ~~and~~or as provided in section 7.16 of the	24809
Revised Code. The board of township trustees shall post the notice	24810
and explanation in five conspicuous places in the unincorporated	24811
area of the township.	24812

(2) If the board of elections operates and maintains a web	24813
site, notice of the election and an explanation of the proposed	24814
name change shall be posted on that web site for at least thirty	24815
days before the election on this question.	24816

(C) If a majority of the votes cast on the proposition of	24817
changing the township's name is in the affirmative, the name	24818
change is adopted and becomes effective ninety days after the	24819
board of elections certifies the election results to the fiscal	24820
officer of the township. Upon receipt of the certification of the	24821
election results from the board of elections, the fiscal officer	24822
of the township shall send a copy of that certification to the	24823
secretary of state.	24824

(D) A change in the name of a township shall not alter the	24825
rights or liabilities of the township as previously named.	24826

Sec. 503.41. (A) A board of township trustees, by	24827
resolution, may regulate and require the registration of massage	24828
establishments and their employees within the unincorporated	24829
territory of the township. In accordance with sections 503.40 to	24830
503.49 of the Revised Code, for that purpose, the board, by a	24831
majority vote of all members, may adopt, amend, administer, and	24832
enforce regulations within the unincorporated territory of the	24833
township.	24834

(B) A board may adopt regulations and amendments under this	24835
section only after public hearing at not fewer than two regular	24836
sessions of the board. The board shall cause to be published in at	24837
~~least one~~a newspaper of general circulation in the township, or	24838
as provided in section 7.16 of the Revised Code, notice of the	24839
public hearings, including the time, date, and place, once a week	24840
for two weeks immediately preceding the hearings. The board shall	24841
make available proposed regulations or amendments to the public at	24842
the office of the board.	24843

(C) Regulations or amendments adopted by the board are	24844
effective thirty days after the date of adoption unless, within	24845
thirty days after the adoption of the regulations or amendments,	24846
the township fiscal officer receives a petition, signed by a	24847
number of qualified electors residing in the unincorporated area	24848
of the township equal to not less than ten per cent of the total	24849
vote cast for all candidates for governor in the area at the most	24850
recent general election at which a governor was elected,	24851
requesting the board to submit the regulations or amendments to	24852
the electors of the area for approval or rejection at the next	24853
primary or general election occurring at least ninety days after	24854
the board receives the petition.	24855

No regulation or amendment for which the referendum vote has	24856
been requested is effective unless a majority of the votes cast on	24857
the issue is in favor of the regulation or amendment. Upon	24858
certification by the board of elections that a majority of the	24859
votes cast on the issue was in favor of the regulation or	24860
amendment, the regulation or amendment takes immediate effect.	24861

(D) The board shall make available regulations it adopts or	24862
amends to the public at the office of the board and shall cause to	24863
be published once a notice of the availability of the regulations	24864
in ~~at least one~~a newspaper of general circulation in the township	24865
within ten days after their adoption or amendment.	24866

(E) Nothing in sections 503.40 to 503.49 of the Revised Code	24867
shall be construed to allow a board of township trustees to	24868
regulate the practice of any limited branch of medicine specified	24869
in section 4731.15 of the Revised Code or the practice of	24870
providing therapeutic massage by a licensed physician, a licensed	24871
chiropractor, a licensed podiatrist, a licensed nurse, or any	24872
other licensed health professional. As used in this division,	24873
"licensed" means licensed, certified, or registered to practice in	24874
this state.	24875

Sec. 504.02. (A) After certification of a resolution as	24876
provided in division (A) of section 504.01 of the Revised Code,	24877
the board of elections shall submit the question of whether to	24878
adopt a limited home rule government to the electors of the	24879
unincorporated area of the township, and the ballot language shall	24880
be substantially as follows:	24881

"Shall the township of ........... (name) adopt a limited	24882
home rule government, under which government the board of township	24883
trustees, by resolution, may exercise limited powers of local	24884
self-government and limited police powers?	24885

......		For adoption of a limited home rule government		24886
......		Against adoption of a limited home rule government"		24887

(B)(1) At least forty-five days before the election on this	24888
question, the board of township trustees shall have notice of the	24889
election and a description of the proposed limited home rule	24890
government published in a newspaper of general circulation in the	24891
township once a week for two consecutive weeks or as provided in	24892
section 7.16 of the Revised Code, and shall have the notice and	24893
description posted in five conspicuous places in the	24894
unincorporated area of the township.	24895

(2) If a board of elections operates and maintains a web	24896
site, notice of the election and a description of the proposed	24897
limited home rule government shall be posted on that web site for	24898
at least thirty days before the election on this question.	24899

(C) If a majority of the votes cast on the proposition of	24900
adopting a limited home rule government is in the affirmative,	24901
that government is adopted and becomes the government of the	24902
township on the first day of January immediately following the	24903
election.	24904

Sec. 504.03. (A)(1) If a limited home rule government is	24905
adopted pursuant to section 504.02 of the Revised Code, it shall	24906
remain in effect for at least three years except as otherwise	24907
provided in division (B) of this section. At the end of that	24908
period, if the board of township trustees determines that that	24909
government is not in the best interests of the township, it may	24910
adopt a resolution causing the board of elections to submit to the	24911
electors of the unincorporated area of the township the question	24912
of whether the township should continue the limited home rule	24913
government. The question shall be voted upon at the next general	24914
election occurring at least ninety days after the certification of	24915
the resolution to the board of elections. After certification of	24916
the resolution, the board of elections shall submit the question	24917
to the electors of the unincorporated area of the township, and	24918
the ballot language shall be substantially as follows:	24919

"Shall the township of ........... (name) continue the	24920
limited home rule government under which it is operating?	24921

......		For continuation of the limited home rule government		24922
......		Against continuation of the limited home rule government"		24923

(2)(a) At least forty-five days before the election on the	24924
question of continuing the limited home rule government, the board	24925
of township trustees shall have notice of the election published	24926
in a newspaper of general circulation in the township once a week	24927
for two consecutive weeks or as provided in section 7.16 of the	24928
Revised Code, and shall have the notice posted in five conspicuous	24929
places in the unincorporated area of the township.	24930

(b) If a board of elections operates and maintains a web	24931
site, notice of the election shall be posted on that web site for	24932
at least thirty days before the election on the question of	24933
continuing the limited home rule government.	24934

(B) The electors of a township that has adopted a limited	24935
home rule government may propose at any time by initiative	24936
petition, in accordance with section 504.14 of the Revised Code, a	24937
resolution submitting to the electors in the unincorporated area	24938
of the township, in an election, the question set forth in	24939
division (A)(1) of this section.	24940

(C) If a majority of the votes cast under division (A) or (B)	24941
of this section on the proposition of continuing the limited home	24942
rule government is in the negative, that government is terminated	24943
effective on the first day of January immediately following the	24944
election, and a limited home rule government shall not be adopted	24945
in the unincorporated area of the township pursuant to section	24946
504.02 of the Revised Code for at least three years after that	24947
date.	24948

(D) If a limited home rule government is terminated under	24949
this section, the board of township trustees immediately shall	24950
adopt a resolution repealing all resolutions adopted pursuant to	24951
this chapter that are not authorized by any other section of the	24952
Revised Code outside this chapter, effective on the first day of	24953
January immediately following the election described in division	24954
(A) or (B) of this section. However, no resolution adopted under	24955
this division shall affect or impair the obligations of the	24956
township under any security issued or contracts entered into by	24957
the township in connection with the financing of any water supply	24958
facility or sewer improvement under sections 504.18 to 504.20 of	24959
the Revised Code or the authority of the township to collect or	24960
enforce any assessments or other revenues constituting security	24961
for or source of payments of debt service charges of those	24962
securities.	24963

(E) Upon the termination of a limited home rule government	24964
under this section, if the township had converted its board of	24965
township trustees to a five-member board before September 26,	24966
2003, the current board member who received the lowest number of	24967
votes of the current board members who were elected at the most	24968
recent election for township trustees, and the current board	24969
member who received the lowest number of votes of the current	24970
board members who were elected at the second most recent election	24971
for township trustees, shall cease to be township trustees on the	24972
date that the limited home rule government terminates. Their	24973
offices likewise shall cease to exist at that time, and the board	24974
shall continue as a three-member board as provided in section	24975
505.01 of the Revised Code.	24976

Sec. 504.12. No resolution and no section or numbered or	24977
lettered division of a section shall be revised or amended unless	24978
the new resolution contains the entire resolution, section, or	24979
division as revised or amended, and the resolution, section, or	24980
division so amended shall be repealed. This requirement does not	24981
prevent the amendment of a resolution by the addition of a new	24982
section, or division, and in this case the full text of the former	24983
resolution need not be set forth, nor does this section prevent	24984
repeals by implication. Except in the case of a codification or	24985
recodification of resolutions, a separate vote shall be taken on	24986
each resolution proposed to be amended. Resolutions that have been	24987
introduced and have received their first reading or their first	24988
and second readings, but have not been voted on for passage, may	24989
be amended or revised by a majority vote of the members of the	24990
board of township trustees, and the amended or revised resolution	24991
need not receive additional readings.	24992

The board of township trustees of a limited home rule	24993
township may revise, codify, and publish in book form the	24994
resolutions of the township in the same manner as provided in	24995
section 731.23 of the Revised Code for municipal corporations.	24996
Resolutions adopted by the board shall be published in the same	24997
manner as provided by sections 731.21, 731.22, 731.24, 731.25, and	24998
731.26 of the Revised Code for municipal corporations, except that	24999
they shall be published in ~~newspapers circulating~~a newspaper of	25000
general circulation within the township. The fiscal officer of the	25001
township shall perform the duties that the clerk of the	25002
legislative authority of a municipal corporation is required to	25003
perform under those sections.	25004

The procedures provided in this section apply only to	25005
resolutions adopted pursuant to a township's limited home rule	25006
powers as authorized by this chapter.	25007

Sec. 504.16. (A) Each township that adopts a limited home	25008
rule government shall promptly do one of the following:	25009

(1) Establish a police district pursuant to section 505.48 of	25010
the Revised Code, except that the district shall include all of	25011
the unincorporated area of the township and no other territory;	25012

(2) Establish a joint ~~township~~ police district pursuant to	25013
section ~~505.481~~505.482 of the Revised Code;	25014

(3) Contract pursuant to section 311.29, 505.43, or 505.50 of	25015
the Revised Code to obtain police protection services, including	25016
the enforcement of township resolutions adopted under this	25017
chapter, on a regular basis;	25018

(4) Designate one or more police constables under Chapter	25019
509. of the Revised Code.	25020

(B) A township that has taken an action described in division	25021
(A) of this section before adopting a limited home rule government	25022
need not take any other such action upon adopting that government.	25023

(C) The requirement that a township take one of the actions	25024
described in divisions (A)(1), (2), and (3) of this section does	25025
not prevent a township that acts under division (A)(1) or (2) of	25026
this section from contracting under division (A)(3) of this	25027
section to obtain additional police protection services on a	25028
regular basis.	25029

Sec. 504.21. (A) The board of township trustees of a	25030
township that has adopted a limited home rule government may, for	25031
the unincorporated territory in the township, adopt, amend, and	25032
rescind rules establishing technically feasible and economically	25033
reasonable standards to achieve a level of management and	25034
conservation practices that will abate wind or water erosion of	25035
the soil or abate the degradation of the waters of the state by	25036
soil sediment in conjunction with land grading, excavating,	25037
filling, or other soil disturbing activities on land used or being	25038
developed in the township for nonfarm commercial, industrial,	25039
residential, or other nonfarm purposes, and establish criteria for	25040
determination of the acceptability of those management and	25041
conservation practices. The rules shall be designed to implement	25042
the applicable areawide waste treatment management plan prepared	25043
under section 208 of the "Federal Water Pollution Control Act," 86	25044
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement	25045
phase II of the storm water program of the national pollutant	25046
discharge elimination system established in 40 C.F.R. Part 122.	25047
The rules to implement phase II of the storm water program of the	25048
national pollutant discharge elimination system shall not be	25049
inconsistent with, more stringent than, or broader in scope than	25050
the rules or regulations adopted by the environmental protection	25051
agency under 40 C.F.R. Part 122. The rules adopted under this	25052
section shall not apply inside the limits of municipal	25053
corporations, to lands being used in a strip mine operation as	25054
defined in section 1513.01 of the Revised Code, or to land being	25055
used in a surface mine operation as defined in section 1514.01 of	25056
the Revised Code.	25057

The rules adopted under this section may require persons to	25058
file plans governing erosion control, sediment control, and water	25059
management before clearing, grading, excavating, filling, or	25060
otherwise wholly or partially disturbing one or more contiguous	25061
acres of land owned by one person or operated as one development	25062
unit for the construction of nonfarm buildings, structures,	25063
utilities, recreational areas, or other similar nonfarm uses. If	25064
the rules require plans to be filed, the rules shall do all of the	25065
following:	25066

(1) Designate the board itself, its employees, or another	25067
agency or official to review and approve or disapprove the plans;	25068

(2) Establish procedures and criteria for the review and	25069
approval or disapproval of the plans;	25070

(3) Require the designated entity to issue a permit to a	25071
person for the clearing, grading, excavating, filling, or other	25072
project for which plans are approved and to deny a permit to a	25073
person whose plans have been disapproved;	25074

(4) Establish procedures for the issuance of the permits;

25075

(5) Establish procedures under which a person may appeal the	25076
denial of a permit.	25077

Areas of less than one contiguous acre shall not be exempt	25078
from compliance with other provisions of this section or rules	25079
adopted under this section. The rules adopted under this section	25080
may impose reasonable filing fees for plan review, permit	25081
processing, and field inspections.	25082

No permit or plan shall be required for a public highway,	25083
transportation, or drainage improvement or maintenance project	25084
undertaken by a government agency or political subdivision in	25085
accordance with a statement of its standard sediment control	25086
policies that is approved by the board or the chief of the	25087
division of soil and water resources in the department of natural	25088
resources.	25089

(B) Rules or amendments may be adopted under this section	25090
only after public hearings at not fewer than two regular sessions	25091
of the board of township trustees. The board shall cause to be	25092
published, in a newspaper of general circulation in the township,	25093
notice of the public hearings, including time, date, and place,	25094
once a week for two weeks immediately preceding the hearings, or	25095
as provided in section 7.16 of the Revised Code. The proposed	25096
rules or amendments shall be made available by the board to the	25097
public at the board office or other location indicated in the	25098
notice. The rules or amendments shall take effect on the	25099
thirty-first day following the date of their adoption.	25100

(C) The board of township trustees may employ personnel to	25101
assist in the administration of this section and the rules adopted	25102
under it. The board also, if the action does not conflict with the	25103
rules, may delegate duties to review sediment control and water	25104
management plans to its employees, and may enter into agreements	25105
with one or more political subdivisions, other township officials,	25106
or other government agencies, in any combination, in order to	25107
obtain reviews and comments on plans governing erosion control,	25108
sediment control, and water management or to obtain other services	25109
for the administration of the rules adopted under this section.	25110

(D) The board of township trustees or any duly authorized	25111
representative of the board may, upon identification to the owner	25112
or person in charge, enter any land upon obtaining agreement with	25113
the owner, tenant, or manager of the land in order to determine	25114
whether there is compliance with the rules adopted under this	25115
section. If the board or its duly authorized representative is	25116
unable to obtain such an agreement, the board or representative	25117
may apply for, and a judge of the court of common pleas for the	25118
county where the land is located may issue, an appropriate	25119
inspection warrant as necessary to achieve the purposes of this	25120
section.	25121

(E)(1) If the board of township trustees or its duly	25122
authorized representative determines that a violation of the rules	25123
adopted under this section exists, the board or representative may	25124
issue an immediate stop work order if the violator failed to	25125
obtain any federal, state, or local permit necessary for sediment	25126
and erosion control, earth movement, clearing, or cut and fill	25127
activity. In addition, if the board or representative determines	25128
such a rule violation exists, regardless of whether or not the	25129
violator has obtained the proper permits, the board or	25130
representative may authorize the issuance of a notice of	25131
violation. If, after a period of not less than thirty days has	25132
elapsed following the issuance of the notice of violation, the	25133
violation continues, the board or its duly authorized	25134
representative shall issue a second notice of violation. Except as	25135
provided in division (E)(3) of this section, if, after a period of	25136
not less than fifteen days has elapsed following the issuance of	25137
the second notice of violation, the violation continues, the board	25138
or its duly authorized representative may issue a stop work order	25139
after first obtaining the written approval of the prosecuting	25140
attorney of the county in which the township is located if, in the	25141
opinion of the prosecuting attorney, the violation is egregious.	25142

Once a stop work order is issued, the board or its duly	25143
authorized representative shall request, in writing, the	25144
prosecuting attorney to seek an injunction or other appropriate	25145
relief in the court of common pleas to abate excessive erosion or	25146
sedimentation and secure compliance with the rules adopted under	25147
this section. If the prosecuting attorney seeks an injunction or	25148
other appropriate relief, then, in granting relief, the court of	25149
common pleas may order the construction of sediment control	25150
improvements or implementation of other control measures and may	25151
assess a civil fine of not less than one hundred or more than five	25152
hundred dollars. Each day of violation of a rule or stop work	25153
order issued under this section shall be considered a separate	25154
violation subject to a civil fine.	25155

(2) The person to whom a stop work order is issued under this	25156
section may appeal the order to the court of common pleas of the	25157
county in which it was issued, seeking any equitable or other	25158
appropriate relief from that order.	25159

(3) No stop work order shall be issued under this section	25160
against any public highway, transportation, or drainage	25161
improvement or maintenance project undertaken by a government	25162
agency or political subdivision in accordance with a statement of	25163
its standard sediment control policies that is approved by the	25164
board or the chief of the division of soil and water resources in	25165
the department of natural resources.	25166

(F) No person shall violate any rule adopted or order issued	25167
under this section. Notwithstanding division (E) of this section,	25168
if the board of township trustees determines that a violation of	25169
any rule adopted or administrative order issued under this section	25170
exists, the board may request, in writing, the prosecuting	25171
attorney of the county in which the township is located, to seek	25172
an injunction or other appropriate relief in the court of common	25173
pleas to abate excessive erosion or sedimentation and secure	25174
compliance with the rules or order. In granting relief, the court	25175
of common pleas may order the construction of sediment control	25176
improvements or implementation of other control measures and may	25177
assess a civil fine of not less than one hundred or more than five	25178
hundred dollars. Each day of violation of a rule adopted or	25179
administrative order issued under this section shall be considered	25180
a separate violation subject to a civil fine.	25181

Sec. 505.101. The board of township trustees of any township	25182
may, by resolution, enter into a contract, without advertising or	25183
bidding, for the purchase or sale of materials, equipment, or	25184
supplies from or to any department, agency, or political	25185
subdivision of the state, for the purchase of services with a soil	25186
and water conservation district established under Chapter 1515. of	25187
the Revised Code, or for the purchase of supplies, services,	25188
materials, and equipment with a regional planning commission	25189
pursuant to division (D) of section 713.23 of the Revised Code, or	25190
for the purchase of services from an educational service center	25191
under section 3313.846 of the Revised Code. The resolution shall:	25192

(A) Set forth the maximum amount to be paid as the purchase	25193
price for the materials, equipment, supplies, or services;	25194

(B) Describe the type of materials, equipment, supplies, or	25195
services that are to be purchased;	25196

(C) Appropriate sufficient funds to pay the purchase price	25197
for the materials, equipment, supplies, or services, except that	25198
no such appropriation is necessary if funds have been previously	25199
appropriated for the purpose and remain unencumbered at the time	25200
the resolution is adopted.	25201

Sec. 505.105. Stolen or other property recovered by members	25202
of an organized police department of a township, a township police	25203
district, a joint ~~township~~ police district, or the office of a	25204
township constable shall be deposited and kept in a place	25205
designated by the head of the department, district, or office.	25206
Each article of property shall be entered in a book kept for that	25207
purpose, with the name of its owner, if ascertained, the person	25208
from whom it was taken, the place where it was found with general	25209
circumstances, the date of its receipt, and the name of the	25210
officer receiving it.	25211

An inventory of all money or other property shall be given to	25212
the party from whom it was taken, and, if it is not claimed by	25213
some person within thirty days after arrest and seizure, it shall	25214
be delivered to the person from whom it was taken, and to no other	25215
person, either attorney, agent, factor, or clerk, except by	25216
special order of the head of the department, district, or office.	25217

Sec. 505.106. No officer, or other member of an organized	25218
police department of a township, a township police district, a	25219
joint ~~township~~ police district, or the office of a township	25220
constable shall neglect or refuse to deposit property taken or	25221
found by the officer or other member in possession of a person	25222
arrested. Any conviction for a violation of this section shall	25223
vacate the office of the person so convicted.	25224

Sec. 505.107. If, within thirty days, the money or property	25225
recovered under section 505.105 of the Revised Code is claimed by	25226
any other person, it shall be retained by its custodian until	25227
after the discharge or conviction of the person from whom it was	25228
taken and as long as it is required as evidence in any case in	25229
court. If that claimant establishes to the satisfaction of the	25230
court that the claimant is the rightful owner, the money or	25231
property shall be restored to the claimant; otherwise, it shall be	25232
returned to the accused person, personally, and not to any	25233
attorney, agent, factor, or clerk of the accused person, except	25234
upon special order of the head of the organized police department	25235
of the township, township police district, joint ~~township~~ police	25236
district, or office of a township constable, as the case may be,	25237
after all liens and claims in favor of the township have first	25238
been discharged and satisfied.	25239

Sec. 505.108. Except as otherwise provided in this section	25240
and unless the property involved is required to be disposed of	25241
pursuant to another section of the Revised Code, property that is	25242
unclaimed for ninety days or more shall be sold by the chief of	25243
police or other head of the organized police department of the	25244
township, township police district, joint ~~township~~ police	25245
district, or office of a township constable at public auction,	25246
after notice of the sale has been provided by publication once a	25247
week for three successive weeks in a newspaper of general	25248
circulation, or as provided in section 7.16 of the Revised Code,	25249
in the county, or counties, if appropriate, in the case of a joint	25250
~~township~~ police district. The proceeds of the sale shall be paid	25251
to the fiscal officer of the township and credited to the township	25252
general fund, except that, in the case of a joint ~~township~~ police	25253
district, the proceeds of a sale shall be paid to the ~~fiscal~~	25254
~~officer~~treasurer of the ~~most populous participating township~~	25255
joint police district board and credited to the appropriate	25256
~~township general~~ fund ~~or funds~~ according to agreement of the	25257
participating townships and municipal corporations.	25258

If authorized to do so by a resolution adopted by the board	25259
of township trustees or, in the case of a joint ~~township~~ police	25260
district, ~~each participating~~the joint police district board of	25261
~~township trustees~~, and if the property involved is not required to	25262
be disposed of pursuant to another section of the Revised Code,	25263
the head of the department, district, or office may contribute	25264
property that is unclaimed for ninety days or more to one or more	25265
public agencies, to one or more nonprofit organizations no part of	25266
the net income of which inures to the benefit of any private	25267
shareholder or individual and no substantial part of the	25268
activities of which consists of carrying on propaganda or	25269
otherwise attempting to influence legislation, or to one or more	25270
organizations satisfying section 501(c)(3) or (c)(19) of the	25271
Internal Revenue Code of 1986.	25272

Sec. 505.109. Upon the sale of any unclaimed property as	25273
provided in section 505.108 of the Revised Code, if any of the	25274
unclaimed property was ordered removed to a place of storage or	25275
stored, or both, by or under the direction of the head of the	25276
organized police department of the township, township police	25277
district, joint ~~township~~ police district, or office of a township	25278
constable, any expenses or charges for the removal or storage, or	25279
both, and costs of sale, provided they are approved by the head of	25280
the department, district, or office, shall first be paid from the	25281
proceeds of the sale. Notice shall be given by certified mail,	25282
thirty days before the date of the sale, to the owner and	25283
mortgagee, or other lienholder, at their last known addresses.	25284

Sec. 505.17. (A) Except in a township or portion of a	25285
township that is within the limits of a municipal corporation, the	25286
board of township trustees may make regulations and orders as are	25287
necessary to control passenger car, motorcycle, and internal	25288
combustion engine noise, as permitted under section 4513.221 of	25289
the Revised Code, and all vehicle parking in the township. This	25290
authorization includes, among other powers, the power to regulate	25291
parking on established roadways proximate to buildings on private	25292
property as necessary to provide access to the property by public	25293
safety vehicles and equipment, if the property is used for	25294
commercial purposes, the public is permitted to use the parking	25295
area, and accommodation for more than ten motor vehicles is	25296
provided, and the power to authorize the issuance of orders	25297
limiting or prohibiting parking on any township street or highway	25298
during a snow emergency declared pursuant to a snow-emergency	25299
authorization adopted under this division. All such regulations	25300
and orders shall be subject to the limitations, restrictions, and	25301
exceptions in sections 4511.01 to 4511.76 and 4513.02 to 4513.37	25302
of the Revised Code.	25303

A board of township trustees may adopt a general	25304
snow-emergency authorization, which becomes effective under	25305
division (B)(1) of this section, allowing the president of the	25306
board or some other person specified in the authorization to issue	25307
an order declaring a snow emergency and limiting or prohibiting	25308
parking on any township street or highway during the snow	25309
emergency. Any such order becomes effective under division (B)(2)	25310
of this section. Each general snow-emergency authorization adopted	25311
under this division shall specify the weather conditions under	25312
which a snow emergency may be declared in that township.	25313

(B)(1) All regulations and orders, including any	25314
snow-emergency authorization established by the board under this	25315
section, except for an order declaring a snow emergency as	25316
provided in division (B)(2) of this section, shall be posted by	25317
the township fiscal officer in five conspicuous public places in	25318
the township for thirty days before becoming effective, and shall	25319
be published in a newspaper of general circulation in the township	25320
for three consecutive weeks or as provided in section 7.16 of the	25321
Revised Code. In addition to these requirements, no general	25322
snow-emergency authorization shall become effective until	25323
permanent signs giving notice that parking is limited or	25324
prohibited during a snow emergency are properly posted, in	25325
accordance with any applicable standards adopted by the department	25326
of transportation, along streets or highways specified in the	25327
authorization.	25328

(2) Pursuant to the adoption of a snow-emergency	25329
authorization under this section, an order declaring a snow	25330
emergency becomes effective two hours after the president of the	25331
board or the other person specified in the general snow-emergency	25332
authorization makes an announcement of a snow emergency to the	25333
local news media. The president or other specified person shall	25334
request the local news media to announce that a snow emergency has	25335
been declared, the time the declaration will go into effect, and	25336
whether the snow emergency will remain in effect for a specified	25337
period of time or indefinitely until canceled by a subsequent	25338
announcement to the local news media by the president or other	25339
specified person.	25340

(C) Such regulations and orders may be enforced where traffic	25341
control devices conforming to section 4511.09 of the Revised Code	25342
are prominently displayed. Parking regulations authorized by this	25343
section do not apply to any state highway unless the parking	25344
regulations are approved by the director of transportation.	25345

(D) A board of township trustees or its designated agent may	25346
order into storage any vehicle parked in violation of a township	25347
parking regulation or order, if the violation is not one that is	25348
required to be handled pursuant to Chapter 4521. of the Revised	25349
Code. The owner or any lienholder of a vehicle ordered into	25350
storage may claim the vehicle upon presentation of proof of	25351
ownership, which may be evidenced by a certificate of title to the	25352
vehicle, and payment of all expenses, charges, and fines incurred	25353
as a result of the parking violation and removal and storage of	25354
the vehicle.	25355

(E) Whoever violates any regulation or order adopted pursuant	25356
to this section is guilty of a minor misdemeanor, unless the	25357
township has enacted a regulation pursuant to division (A) of	25358
section 4521.02 of the Revised Code, that specifies that the	25359
violation shall not be considered a criminal offense and shall be	25360
handled pursuant to Chapter 4521. of the Revised Code. Fines	25361
levied and collected under this section shall be paid into the	25362
township general revenue fund.	25363

Sec. 505.172. (A) As used in this section, "law enforcement	25364
officer" means a sheriff, deputy sheriff, constable, police	25365
officer of a township or joint ~~township~~ police district, marshal,	25366
deputy marshal, or municipal police officer.	25367

(B) Except as otherwise provided in this section and section	25368
505.17 of the Revised Code, a board of township trustees may adopt	25369
regulations and orders that are necessary to control noise within	25370
the unincorporated territory of the township that is generated at	25371
any premises to which a D permit has been issued by the division	25372
of liquor control or that is generated within any areas zoned for	25373
residential use.	25374

(C) Any person who engages in any of the activities described	25375
in section 1.61 of the Revised Code is exempt from any regulation	25376
or order adopted under division (B) of this section if the noise	25377
is attributed to an activity described in section 1.61 of the	25378
Revised Code. Any person who engages in coal mining and	25379
reclamation operations, as defined in division (B) of section	25380
1513.01 of the Revised Code, or surface mining, as defined in	25381
division (A) of section 1514.01 of the Revised Code, is exempt	25382
from any regulation or order adopted under division (B) of this	25383
section if the noise is attributed to coal mining and reclamation	25384
or surface mining activities. Noise resulting from the drilling,	25385
completion, operation, maintenance, or construction of any crude	25386
oil or natural gas wells or pipelines or any appurtenances to	25387
those wells or pipelines or from the distribution, transportation,	25388
gathering, or storage of crude oil or natural gas is exempt from	25389
any regulation or order adopted under division (B) of this	25390
section.	25391

(D)(1) Except as otherwise provided in division (C) ~~or (D)(2)~~	25392
of this section, any regulation or order adopted under division	25393
(B) of this section shall apply to any business or industry in	25394
~~existence and operating on October 20, 1999, and a regulation or~~	25395
~~order so adopted shall apply to any new operation or expansion of~~	25396
~~that business or industry that results in substantially increased~~	25397
~~noise levels from those generated by that business or industry on~~	25398
~~that date.~~	25399

~~(2) Any regulation or order adopted under division (B) of~~	25400
~~this section applies~~or to any premises to which a D permit has	25401
been issued by the division of liquor control regardless of	25402
~~whether the premises was in existence and operating on October 20,~~	25403
~~1999, or whether~~when it came into existence ~~and operation after~~	25404
~~that date~~.	25405

(E) Whoever violates any regulation or order adopted under	25406
division (B) of this section is guilty of a misdemeanor of the	25407
second degree. Fines levied and collected under this section shall	25408
be paid into the township general revenue fund.	25409

(F) Any person allegedly aggrieved by another person's	25410
violation of a regulation or order adopted under division (B) of	25411
this section may seek in a civil action a declaratory judgment, an	25412
injunction, or other appropriate relief against the other person	25413
committing the act or practice that violates that regulation or	25414
order. A board of township trustees that adopts a regulation or	25415
order under division (B) of this section ~~shall~~may seek in a civil	25416
action an injunction against ~~each~~any person that commits an act	25417
or practice that violates that regulation or order. The court	25418
involved in a civil action referred to in this division may award	25419
to the prevailing party reasonable attorney's fees limited to the	25420
work reasonably performed.	25421

(G) If any law enforcement officer with jurisdiction in a	25422
township that has adopted a regulation or order under division (B)	25423
of this section has reasonable cause to believe that any premises	25424
to which a D permit has been issued by the division of liquor	25425
control has violated the regulation or order and, as a result of	25426
the violation, has caused, is causing, or is about to cause	25427
substantial and material harm, the law enforcement officer may	25428
issue an order that the premises cease and desist from the	25429
activity violating the regulation or order. The cease-and-desist	25430
order shall be served personally upon the owner, operator,	25431
manager, or other person in charge of the premises immediately	25432
after its issuance by the officer. The township thereafter may	25433
publicize or otherwise make known to all interested persons that	25434
the cease-and-desist order has been issued.	25435

The cease-and-desist order shall specify the particular	25436
conduct that is subject to the order and shall inform the person	25437
upon whom it is served that the premises will be granted a hearing	25438
in the municipal court or county court with jurisdiction over the	25439
premises regarding the operation of the order and the possible	25440
issuance of an injunction or other appropriate relief. The	25441
premises shall comply with the cease-and-desist order immediately	25442
upon receipt of the order. Upon service of the cease-and-desist	25443
order upon the owner, operator, manager, or other person in charge	25444
of the premises, the township law director or, if the township	25445
does not have a law director, the prosecuting attorney of the	25446
county in which the township is located shall file in the	25447
municipal court or county court with jurisdiction over the	25448
premises a civil action seeking to confirm the cease-and-desist	25449
order and seeking an injunction or other appropriate relief	25450
against the premises. The owner, operator, manager, or other	25451
person in charge of the premises may file a motion in that civil	25452
action for a stay of the cease-and-desist order for good cause	25453
shown, pending the court's rendering its decision in the action.	25454
The court shall set a date for a hearing, hold the hearing, and	25455
render a decision in the action not more than ten days after the	25456
date of the cease-and-desist order, or the cease-and-desist order	25457
is terminated. Division (F) of this section applies regarding an	25458
action filed as described in this division.	25459

(H) Nothing in this section authorizes a township to enforce	25460
any regulation or order adopted under division (B) of this section	25461
against a premises to which a D permit has been issued by the	25462
division of liquor control if that premises is not located in the	25463
unincorporated territory of that township.	25464

Sec. 505.24. Each township trustee is entitled to	25465
compensation as follows:	25466

(A) Except as otherwise provided in division (B) of this	25467
section, an amount for each day of service in the business of the	25468
township, to be paid from the township treasury as follows:	25469

(1) In townships having a budget of fifty thousand dollars or	25470
less, twenty dollars per day for not more than two hundred days;	25471

(2) In townships having a budget of more than fifty thousand	25472
but not more than one hundred thousand dollars, twenty-four	25473
dollars per day for not more than two hundred days;	25474

(3) In townships having a budget of more than one hundred	25475
thousand but not more than two hundred fifty thousand dollars,	25476
twenty-eight dollars and fifty cents per day for not more than two	25477
hundred days;	25478

(4) In townships having a budget of more than two hundred	25479
fifty thousand but not more than five hundred thousand dollars,	25480
thirty-three dollars per day for not more than two hundred days;	25481

(5) In townships having a budget of more than five hundred	25482
thousand but not more than seven hundred fifty thousand dollars,	25483
thirty-five dollars per day for not more than two hundred days;	25484

(6) In townships having a budget of more than seven hundred	25485
fifty thousand but not more than one million five hundred thousand	25486
dollars, forty dollars per day for not more than two hundred days;	25487

(7) In townships having a budget of more than one million	25488
five hundred thousand but not more than three million five hundred	25489
thousand dollars, forty-four dollars per day for not more than two	25490
hundred days;	25491

(8) In townships having a budget of more than three million	25492
five hundred thousand dollars but not more than six million	25493
dollars, forty-eight dollars per day for not more than two hundred	25494
days;	25495

(9) In townships having a budget of more than six million	25496
dollars, fifty-two dollars per day for not more than two hundred	25497
days.	25498

(B) Beginning in calendar year 1999, the amounts paid as	25499
specified in division (A) of this section shall be replaced by the	25500
following amounts:	25501

(1) In calendar year 1999, the amounts specified in division	25502
(A) of this section increased by three per cent;	25503

(2) In calendar year 2000, the amounts determined under	25504
division (B)(1) of this section increased by three per cent;	25505

(3) In calendar year 2001, the amounts determined under	25506
division (B)(2) of this section increased by three per cent;	25507

(4) In calendar year 2002, except in townships having a	25508
budget of more than six million dollars, the amounts determined	25509
under division (B)(3) of this section increased by three per cent;	25510
in townships having a budget of more than six million but not more	25511
than ten million dollars, seventy dollars per day for not more	25512
than two hundred days; and in townships having a budget of more	25513
than ten million dollars, ninety dollars per day for not more than	25514
two hundred days;	25515

(5) In calendar years 2003 through 2008, the amounts	25516
determined under division (B) of this section for the immediately	25517
preceding calendar year increased by the lesser of the following:	25518

(a) Three per cent;

25519

(b) The percentage increase, if any, in the consumer price	25520
index over the twelve-month period that ends on the thirtieth day	25521
of September of the immediately preceding calendar year, rounded	25522
to the nearest one-tenth of one per cent;	25523

(6) In calendar year 2009 and thereafter, the amount	25524
determined under division (B) of this section for calendar year	25525
2008.	25526

As used in division (B) of this section, "consumer price	25527
index" has the same meaning as in section 325.18 of the Revised	25528
Code.	25529

(C) Whenever members of a board of township trustees are	25530
compensated per diem and not by annual salary, the board shall	25531
establish, by resolution, a method by which each member of the	25532
board shall periodically notify the township fiscal officer of the	25533
number of days spent in the service of the township and the kinds	25534
of services rendered on those days. The per diem compensation	25535
shall be paid from the township general fund or from other	25536
township funds in such proportions as the kinds of services	25537
performed may require. The notice shall be filed with the township	25538
fiscal officer and preserved for inspection by any persons	25539
interested.	25540

By unanimous vote, a board of township trustees may adopt a	25541
method of compensation consisting of an annual salary to be paid	25542
in equal monthly payments. If the office of trustee is held by	25543
more than one person during any calendar year, each person holding	25544
the office shall receive payments for only those months, and any	25545
fractions of those months, during which the person holds the	25546
office. The amount of the annual salary approved by the board	25547
shall be no more than the maximum amount that could be received	25548
annually by a trustee if the trustee were paid on a per diem basis	25549
as specified in this division, and shall be paid from the township	25550
general fund or from other township funds in such proportions as	25551
the board may specify by resolution. Each trustee shall certify	25552
the percentage of time spent working on matters to be paid from	25553
the township general fund and from other township funds in such	25554
proportions as the kinds of services performed. A board of	25555
township trustees that has adopted a salary method of compensation	25556
may return to a method of compensation on a per diem basis as	25557
specified in this division by a majority vote. Any change in the	25558
method of compensation shall be effective on the first day of	25559
January of the year following the year during which the board has	25560
voted to change the method of compensation.	25561

Sec. 505.264. (A) As used in this section, "energy	25562
conservation measure" means an installation or modification of an	25563
installation in, or remodeling of, an existing building, to reduce	25564
energy consumption. It includes the following:	25565

(1) Insulation of the building structure and of systems	25566
within the building;	25567

(2) Storm windows and doors, multiglazed windows and doors,	25568
heat-absorbing or heat-reflective glazed and coated window and	25569
door systems, additional glazing, reductions in glass area, and	25570
other window and door system modifications that reduce energy	25571
consumption;	25572

(3) Automatic energy control systems;

25573

(4) Heating, ventilating, or air conditioning system	25574
modifications or replacements;	25575

(5) Caulking and weatherstripping;

25576

(6) Replacement or modification of lighting fixtures to	25577
increase the energy efficiency of the system without increasing	25578
the overall illumination of a facility, unless an increase in	25579
illumination is necessary to conform to the applicable state or	25580
local building code for the proposed lighting system;	25581

(7) Energy recovery systems;

25582

(8) Cogeneration systems that produce steam or forms of	25583
energy such as heat, as well as electricity, for use primarily	25584
within a building or complex of buildings;	25585

(9) Any other modification, installation, or remodeling	25586
approved by the board of township trustees as an energy	25587
conservation measure.	25588

(B) For the purpose of evaluating township buildings for	25589
energy conservation measures, a township may contract with an	25590
architect, professional engineer, energy services company,	25591
contractor, or other person experienced in the design and	25592
implementation of energy conservation measures for a report that	25593
analyzes the buildings' energy needs and presents recommendations	25594
for building installations, modifications of existing	25595
installations, or building remodeling that would significantly	25596
reduce energy consumption in the buildings owned by that township.	25597
The report shall include estimates of all costs of the	25598
installations, modifications, or remodeling, including costs of	25599
design, engineering, installation, maintenance, and repairs, and	25600
estimates of the amounts by which energy consumption could be	25601
reduced.	25602

(C) A township desiring to implement energy conservation	25603
measures may proceed under either of the following methods:	25604

(1) Using a report or any part of a report prepared under	25605
division (B) of this section, advertise for bids and comply with	25606
the bidding procedures set forth in sections 307.86 to 307.92 of	25607
the Revised Code;	25608

(2) Request proposals from at least three vendors for the	25609
implementation of energy conservation measures. Prior to sending	25610
any installer of energy conservation measures a copy of any such	25611
request, the township shall advertise its intent to request	25612
proposals for the installation of energy conservation measures in	25613
a newspaper of general circulation in the township once a week for	25614
two consecutive weeks or as provided in section 7.16 of the	25615
Revised Code. The notice shall state that the township intends to	25616
request proposals for the installation of energy conservation	25617
measures; indicate the date, which shall be at least ten days	25618
after the second publication, on which the request for proposals	25619
will be mailed to installers of energy conservation measures; and	25620
state that any installer of energy conservation measures	25621
interested in receiving the request for proposal shall submit	25622
written notice to the township not later than noon of the day on	25623
which the request for proposal will be mailed.	25624

Upon receiving the proposals, the township shall analyze them	25625
and select the proposal or proposals most likely to result in the	25626
greatest energy savings considering the cost of the project and	25627
the township's ability to pay for the improvements with current	25628
revenues or by financing the improvements. The awarding of a	25629
contract to install energy conservation measures under division	25630
(C)(2) of this section shall be conditioned upon a finding by the	25631
township that the amount of money spent on energy savings measures	25632
is not likely to exceed the amount of money the township would	25633
save in energy and operating costs over ten years or a lesser	25634
period as determined by the township or, in the case of contracts	25635
for cogeneration systems, over five years or a lesser period as	25636
determined by the township. Nothing in this section prohibits a	25637
township from rejecting all proposals or from selecting more than	25638
one proposal.	25639

(D) A board of township trustees may enter into an	25640
installment payment contract for the purchase and installation of	25641
energy conservation measures. Any provisions of those installment	25642
payment contracts that deal with interest charges and financing	25643
terms shall not be subject to the competitive bidding procedures	25644
of section 307.86 of the Revised Code. Unless otherwise approved	25645
by a resolution of the board, an installment payment contract	25646
entered into by a board of township trustees under this section	25647
shall require the board to contract in accordance with the	25648
procedures set forth in section 307.86 of the Revised Code for the	25649
installation, modification, or remodeling of energy conservation	25650
measures pursuant to this section.	25651

(E) The board may issue securities of the township specifying	25652
the terms of the purchase and securing the deferred payments,	25653
payable at the times provided and bearing interest at a rate not	25654
exceeding the rate determined as provided in section 9.95 of the	25655
Revised Code. The maximum maturity of the securities shall be as	25656
provided in division (B)(7)(g) of section 133.20 of the Revised	25657
Code. The securities may contain an option for prepayment and	25658
shall not be subject to Chapter 133. of the Revised Code. Revenues	25659
derived from local taxes or otherwise, for the purpose of	25660
conserving energy or for defraying the current operating expenses	25661
of the township, may be applied to the payment of interest and the	25662
retirement of the securities. The securities may be sold at	25663
private sale or given to the contractor under the installment	25664
payment contract authorized by division (D) of this section.	25665

(F) Debt incurred under this section shall not be included in	25666
the calculation of the net indebtedness of a township under	25667
section 133.09 of the Revised Code.	25668

Sec. 505.267. (A) As used in this section:

25669

(1) "Lease-purchase agreement" has the same meaning as a	25670
lease with an option to purchase.	25671

(2) "Public obligation" has the same meaning as in section	25672
133.01 of the Revised Code.	25673

(B) For any purpose for which a board of township trustees,	25674
~~or a board of trustees of~~ a joint ~~township~~ police district board,	25675
a township fire district, a joint fire district, or a fire and	25676
ambulance district is authorized to acquire real or personal	25677
property, that board may enter into a lease-purchase agreement in	25678
accordance with this section to acquire the property. The board's	25679
resolution authorizing the lease-purchase agreement may provide	25680
for the issuance of certificates of participation or other	25681
evidences of fractionalized interests in the lease-purchase	25682
agreement, for the purpose of financing, or refinancing or	25683
refunding, any public obligation that financed or refinanced the	25684
acquisition of the property. Sections 9.94, 133.03, and 133.30 of	25685
the Revised Code shall apply to any such fractionalized interests.	25686

The lease-purchase agreement shall provide for a series of	25687
terms in which no term extends beyond the end of the fiscal year	25688
of the township or district in which that term commences. In	25689
total, the terms provided for in the agreement shall be for not	25690
more than the useful life of the real or personal property that is	25691
the subject of the agreement. A property's useful life shall be	25692
determined either by the maximum number of installment payments	25693
permitted under the statute that authorizes the board to acquire	25694
the property or, if there is no such provision, by the maximum	25695
number of years to maturity provided for the issuance of bonds in	25696
division (B) of section 133.20 of the Revised Code for that	25697
property. If the useful life cannot be determined under either of	25698
those statutes, it shall be estimated as provided in division (C)	25699
of section 133.20 of the Revised Code.	25700

The lease-purchase agreement shall provide that, at the end	25701
of the final term in the agreement, if all obligations of the	25702
township or district have been satisfied, the title to the leased	25703
property shall vest in the township or district executing the	25704
lease-purchase agreement, if that title has not vested in the	25705
township or district before or during the lease terms; except that	25706
the lease-purchase agreement may require the township or district	25707
to pay an additional lump sum payment as a condition of obtaining	25708
that title.	25709

(C) A board of trustees that enters into a lease-purchase	25710
agreement under this section may do any of the following with the	25711
property that is the subject of the agreement:	25712

(1) If the property is personal property, assign the board's	25713
rights to that property;	25714

(2) Grant the lessor a security interest in the property;

25715

(3) If the property is real property, grant leases,	25716
easements, or licenses for underlying land or facilities under the	25717
board's control for terms not exceeding five years beyond the	25718
final term of the lease-purchase agreement.	25719

(D) The authority granted in this section is in addition to,	25720
and not in derogation of, any other financing authority provided	25721
by law.	25722

Sec. 505.28. The board of township trustees may create a	25723
waste disposal district under sections 505.27 to 505.33 of the	25724
Revised Code, by a unanimous vote of the board and give notice	25725
thereof by a publication in ~~two newspapers~~a newspaper of general	25726
circulation in the township. If, within thirty days after such	25727
publication, a protest petition is filed with the board, signed by	25728
at least fifty per cent of the electors residing in the district,	25729
the act of the board in creating such district shall be void. If a	25730
petition is filed with the board asking for the creation of such a	25731
district in the township, accompanied by a map clearly showing the	25732
boundaries of such district, and signed by at least sixty-five per	25733
cent of the electors residing therein, with addresses of such	25734
signers, the board shall, within sixty days, create such a	25735
district.	25736

Each district shall be given a name, and the entire cost of	25737
any necessary equipment and labor shall be apportioned against	25738
each district by the respective boards.	25739

Sec. 505.373. The board of township trustees may, by	25740
resolution, adopt by incorporation by reference a standard code	25741
pertaining to fire, fire hazards, and fire prevention prepared and	25742
promulgated by the state or any department, board, or other agency	25743
of the state, or any such code prepared and promulgated by a	25744
public or private organization that publishes a model or standard	25745
code.	25746

After the adoption of the code by the board, a notice clearly	25747
identifying the code, stating the purpose of the code, and stating	25748
that a complete copy of the code is on file with the township	25749
fiscal officer for inspection by the public and also on file in	25750
the law library of the county in which the township is located and	25751
that the fiscal officer has copies available for distribution to	25752
the public at cost, shall be posted by the fiscal officer in five	25753
conspicuous places in the township for thirty days before becoming	25754
effective. The notice required by this section shall also be	25755
published in a newspaper of general circulation in the township	25756
once a week for three consecutive weeks or as provided in section	25757
7.16 of the Revised Code. If the adopting township amends or	25758
deletes any provision of the code, the notice shall contain a	25759
brief summary of the deletion or amendment.	25760

If the agency that originally promulgated or published the	25761
code thereafter amends the code, any township that has adopted the	25762
code pursuant to this section may adopt the amendment or change by	25763
incorporation by reference in the same manner as provided for	25764
adoption of the original code.	25765

Sec. 505.43. In order to obtain police protection, or to	25766
obtain additional police protection, any township may enter into a	25767
contract with one or more townships, municipal corporations, park	25768
districts created pursuant to section 511.18 or 1545.01 of the	25769
Revised Code, or county sheriffs, joint police districts, or with	25770
a governmental entity of an adjoining state upon any terms that	25771
are agreed to by them, for services of police departments or use	25772
of police equipment, or the interchange of the service of police	25773
departments or use of police equipment within the several	25774
territories of the contracting subdivisions, if the contract is	25775
first authorized by respective boards of township trustees or	25776
other legislative bodies. The cost of the contract may be paid for	25777
from the township general fund or from funds received pursuant to	25778
the passage of a levy authorized pursuant to division (J) of	25779
section 5705.19 and section 5705.25 of the Revised Code.	25780

Chapter 2744. of the Revised Code, insofar as it is	25781
applicable to the operation of police departments, applies to the	25782
contracting political subdivisions and police department members	25783
when the members are rendering service outside their own	25784
subdivision pursuant to the contract.	25785

Police department members acting outside the subdivision in	25786
which they are employed may participate in any pension or	25787
indemnity fund established by their employer to the same extent as	25788
while acting within the employing subdivision, and are entitled to	25789
all the rights and benefits of Chapter 4123. of the Revised Code,	25790
to the same extent as while performing service within the	25791
subdivision.	25792

The contract may provide for a fixed annual charge to be paid	25793
at the times agreed upon and stipulated in the contract.	25794

Sec. 505.48. (A) The board of township trustees of any	25795
township may, by resolution adopted by two-thirds of the members	25796
of the board, create a township police district comprised of all	25797
or a portion of the unincorporated territory of the township as	25798
the resolution may specify. If the township police district does	25799
not include all of the unincorporated territory of the township,	25800
the resolution creating the district shall contain a complete and	25801
accurate description of the territory of the district and a	25802
separate and distinct name for the district.	25803

At any time not less than one hundred twenty days after a	25804
township police district is created and operative, the territorial	25805
limits of the district may be altered in the manner provided in	25806
division (B) of this section or, if applicable, as provided in	25807
section 505.482 of the Revised Code.	25808

(B) Except as otherwise provided in section ~~505.482~~505.481	25809
of the Revised Code, the territorial limits of a township police	25810
district may be altered by a resolution adopted by a two-thirds	25811
vote of the board of township trustees. If the township police	25812
district imposes a tax, any territory proposed for addition to the	25813
district shall become part of the district only after all of the	25814
following have occurred:	25815

(1) Adoption by two-thirds vote of the board of township	25816
trustees of a resolution approving the expansion of the	25817
territorial limits of the district;	25818

(2) Adoption by a two-thirds vote of the board of township	25819
trustees of a resolution recommending the extension of the tax to	25820
the additional territory;	25821

(3) Approval of the tax by the electors of the territory	25822
proposed for addition to the district.	25823

Each resolution of the board adopted under division (B)(2) of	25824
this section shall state the name of the township police district,	25825
a description of the territory to be added, and the rate and	25826
termination date of the tax, which shall be the rate and	25827
termination date of the tax currently in effect in the district.	25828

The board of trustees shall certify each resolution adopted	25829
under division (B)(2) of this section to the board of elections in	25830
accordance with section 5705.19 of the Revised Code. The election	25831
required under division (B)(3) of this section shall be held,	25832
canvassed, and certified in the manner provided for the submission	25833
of tax levies under section 5705.25 of the Revised Code, except	25834
that the question appearing on the ballot shall read:	25835

"Shall the territory within ..........................	25836
(description of the proposed territory to be added) be added to	25837
................ (name) township police district, and a property	25838
tax at a rate of taxation not exceeding .......... (here insert	25839
tax rate) be in effect for .......... (here insert the number of	25840
years the tax is to be in effect or "a continuing period of time,"	25841
as applicable)?"	25842

If the question is approved by at least a majority of the	25843
electors voting on it, the joinder shall be effective as of the	25844
first day of January of the year following approval, and, on that	25845
date, the township police district tax shall be extended to the	25846
taxable property within the territory that has been added.	25847

~~Sec. 505.482.~~ Sec. 505.481. (A) If a township police district does	25848
not include all the unincorporated territory of the township, the	25849
remaining unincorporated territory of the township may be added to	25850
the district by a resolution adopted by a unanimous vote of the	25851
board of township trustees to place the issue of expansion of the	25852
district on the ballot for the electors of the entire	25853
unincorporated territory of the township. The resolution shall	25854
state whether the proposed township police district initially will	25855
hire personnel as provided in section 505.49 of the Revised Code	25856
or contract for the provision of police protection services or	25857
additional police protection services as provided in section	25858
505.43 or 505.50 of the Revised Code.	25859

The ballot measure shall provide for the addition into a new	25860
district of all the unincorporated territory of the township not	25861
already included in the township police district and for the levy	25862
of any tax then imposed by the district throughout the	25863
unincorporated territory of the township. The measure shall state	25864
the rate of the tax, if any, to be imposed in the district	25865
resulting from approval of the measure, which need not be the same	25866
rate of any tax imposed by the existing district, and the last	25867
year in which the tax will be levied or that it will be levied for	25868
a continuous period of time.	25869

(B) The election on the measure shall be held, canvassed, and	25870
certified in the manner provided for the submission of tax levies	25871
under section 5705.25 of the Revised Code, except that the	25872
question appearing on the ballot shall read substantially as	25873
follows:	25874

"Shall the unincorporated territory within ............ (name	25875
of the township) not already included within the ........... (name	25876
of township police district) be added to the township police	25877
district to create the ........... (name of new township police	25878
district) township police district?"	25879

The name of the proposed township police district shall be	25880
separate and distinct from the name of the existing township	25881
police district.	25882

If a tax is imposed in the existing township police district,	25883
the question shall be modified by adding, at the end of the	25884
question, the following: ", and shall a property tax be levied in	25885
the new township police district, replacing the tax in the	25886
existing township police district, at a rate not exceeding	25887
......... mills per dollar of taxable valuation, which amounts to	25888
......... (rate expressed in dollars and cents per one thousand	25889
dollars in taxable valuation), for ....... (number of years the	25890
tax will be levied, or "a continuing period of time")."	25891

If the measure is not approved by a majority of the electors	25892
voting on it, the township police district shall continue to	25893
occupy its existing territory until altered as provided in this	25894
section or section 505.48 of the Revised Code, and any existing	25895
tax imposed under section 505.51 of the Revised Code shall remain	25896
in effect in the existing district at the existing rate and for as	25897
long as provided in the resolution under the authority of which	25898
the tax is levied.	25899

~~Sec. 505.481.~~ Sec. 505.482. (A) The boards of township trustees of	25900
any two or more contiguous townships, or the boards of township	25901
trustees of one or more contiguous townships and the legislative	25902
authorities of one or more contiguous municipal corporations,	25903
whether or not within the same county, ~~may,~~ by adoption of a joint	25904
resolution by a ~~two-thirds~~majority favorable vote of each such	25905
board and of the members of the legislative authority of each such	25906
municipal corporation, may form themselves into a joint ~~township~~	25907
police district ~~board, and such townships shall be a part of a~~	25908
~~joint township police district~~comprising all or any part of the	25909
townships or municipal corporations as are mutually agreed upon.	25910
The governing body of the joint police district shall be a joint	25911
police district board, which shall include either all of the	25912
township trustees of each township and all of the members of the	25913
legislative authority of each municipal corporation in the	25914
district, as agreed to and established in the joint resolution	25915
creating the joint police district; or an odd number of members as	25916
agreed to and established in the joint resolution, as long as the	25917
members are representatives from each board of township trustees	25918
of each township and from the legislative authority of each	25919
municipal corporation in the joint police district.	25920

~~Such~~(B) The joint ~~township~~ police district board shall	25921
organize within thirty days after the favorable vote by the last	25922
board of township trustees or the members of the legislative	25923
authority of the last municipal corporation joining itself into	25924
the joint ~~township~~ police district board. The president of the	25925
board of township trustees of the most populous participating	25926
township or the legislative authority of the most populous	25927
participating municipal corporation shall give notice of the time	25928
and place of organization to each pending member of the joint	25929
police district board ~~of township trustees of each participating~~	25930
~~township~~, as established in the joint resolution. Such notice	25931
shall be signed ~~by the president of the board of township trustees~~	25932
~~of the most populous participating township,~~ and shall be sent by	25933
certified mail to each such pending member of the board of	25934
~~township trustees of each participating township,~~ at least five	25935
days prior to the organization meeting, which meeting shall be	25936
held in one of the participating townships or municipal	25937
corporations. ~~All members of the boards of township trustees of~~	25938
~~the participating townships constitute the joint township police~~	25939
~~district board.~~ Two-thirds of ~~all~~ the ~~township trustees of the~~	25940
~~participating townships~~joint police district board members	25941
constitutes a quorum. ~~Such~~The members of the ~~boards of township~~	25942
~~trustees~~joint police district board shall, at the organization	25943
meeting ~~of the joint township police district board~~, proceed with	25944
the election of a president, a secretary, and a treasurer, and	25945
such other officers as they consider necessary and proper, and	25946
shall transact such other business as properly comes before the	25947
board.	25948

(C) In the formation of ~~such~~ a joint police district, such	25949
action may be taken by or on behalf of part of a township, by	25950
excluding that portion of the township lying within a municipal	25951
corporation. The joint ~~township~~ police district board may exercise	25952
the same powers as are granted to a board of township trustees in	25953
the operation of a township police district under sections 505.49	25954
to 505.55 of the Revised Code, including, but not limited to, the	25955
power to employ, train, and discipline personnel, to acquire	25956
equipment and buildings, to levy a tax, to issue bonds and notes,	25957
and to dissolve the district.	25958

Sec. 505.483. A township or municipal corporation, or parts	25959
thereof, may join an existing joint police district by the	25960
adoption of a resolution by the township or of an ordinance by the	25961
municipal corporation requesting participation in the district and	25962
upon approval of the existing joint police district board.	25963

Sec. 505.484. The treasurer of the joint police district	25964
board, before entering upon the duties of that office, shall	25965
execute a bond payable to the state, in the amount and with surety	25966
to be approved by the joint police district board, conditioned for	25967
the faithful performance of all the official duties required by	25968
the treasurer. The bond shall be deposited with the president of	25969
the joint police district board, and a copy thereof, certified by	25970
the president, shall be filed with the county auditor.	25971

Sec. 505.49. (A) As used in this section, "felony" has the	25972
same meaning as in section 109.511 of the Revised Code.	25973

(B)(1) The township trustees of a township police district,	25974
by a two-thirds vote of the board, or a joint police district	25975
board, by majority vote of its members, may adopt rules necessary	25976
for the operation of the township or joint police district,	25977
including a determination of the qualifications of the chief of	25978
police, patrol officers, and others to serve as members of the	25979
district police force.	25980

(2) Except as otherwise provided in division (E) of this	25981
section and subject to division (D) of this section, the township	25982
trustees of a township police district, by a two-thirds vote of	25983
the board or the joint police district board, by majority vote of	25984
its members, shall appoint a chief of police for the district,	25985
determine the number of patrol officers and other personnel	25986
required by the district, and establish salary schedules and other	25987
conditions of employment for the employees of the township or	25988
joint police district. The chief of police of the district shall	25989
serve at the pleasure of the township trustees or the joint police	25990
district board and shall appoint patrol officers and other	25991
personnel that the district may require, subject to division (D)	25992
of this section and to the rules and limits as to qualifications,	25993
salary ranges, and numbers of personnel established by the board	25994
of township trustees or the joint police district board. The	25995
township trustees may include in the township police district and	25996
under the direction and control of the chief of police any	25997
constable appointed pursuant to section 509.01 of the Revised	25998
Code, or may designate the chief of police or any patrol officer	25999
appointed by the chief of police as a constable, as provided for	26000
in section 509.01 of the Revised Code, for the township police	26001
district.	26002

(3) Except as provided in division (D) of this section, a	26003
patrol officer, other police district employee, or police	26004
constable, who has been awarded a certificate attesting to the	26005
satisfactory completion of an approved state, county, or municipal	26006
police basic training program, as required by section 109.77 of	26007
the Revised Code, may be removed or suspended only under the	26008
conditions and by the procedures in sections 505.491 to 505.495 of	26009
the Revised Code. Any other patrol officer, police district	26010
employee, or police constable shall serve at the pleasure of the	26011
township trustees or joint police district board. In case of	26012
removal or suspension of an appointee by the board of township	26013
trustees of a township police district or the joint police	26014
district board, that appointee may appeal the decision of ~~the~~	26015
either board to the court of common pleas of the county in which	26016
the district is situated to determine the sufficiency of the cause	26017
of removal or suspension. The appointee shall take the appeal	26018
within ten days of written notice to the appointee of the decision	26019
of the board.	26020

(C)(1) Division (B) of this section does not apply to a	26021
township that has a population of ten thousand or more persons	26022
residing within the township and outside of any municipal	26023
corporation, that has its own police department employing ten or	26024
more full-time paid employees, and that has a civil service	26025
commission established under division (B) of section 124.40 of the	26026
Revised Code. The township shall comply with the procedures for	26027
the employment, promotion, and discharge of police personnel	26028
provided by Chapter 124. of the Revised Code, except as otherwise	26029
provided in divisions (C)(2) and (3) of this section.	26030

(2) The board of township trustees of the township may	26031
appoint the chief of police, and a person so appointed shall be in	26032
the unclassified service under section 124.11 of the Revised Code	26033
and shall serve at the pleasure of the board. A person appointed	26034
chief of police under these conditions who is removed by the board	26035
or who resigns from the position shall be entitled to return to	26036
the classified service in the township police department, in the	26037
position that person held previous to the person's appointment as	26038
chief of police.	26039

(3) The appointing authority of an urban township, as defined	26040
in section 504.01 of the Revised Code, may appoint to a vacant	26041
position any one of the three highest scorers on the eligible list	26042
for a promotional examination.	26043

(4) The board of township trustees of a township described in	26044
this division shall determine the number of personnel required and	26045
establish salary schedules and conditions of employment not in	26046
conflict with Chapter 124. of the Revised Code.	26047

(5) Persons employed as police personnel in a township	26048
described in this division on the date a civil service commission	26049
is appointed pursuant to division (B) of section 124.40 of the	26050
Revised Code, without being required to pass a competitive	26051
examination or a police training program, shall retain their	26052
employment and any rank previously granted them by action of the	26053
township trustees or otherwise, but those persons are eligible for	26054
promotion only by compliance with Chapter 124. of the Revised	26055
Code.	26056

(6) This division does not apply to constables appointed	26057
pursuant to section 509.01 of the Revised Code. This division is	26058
subject to division (D) of this section.	26059

(D)(1) The board of township trustees or a joint police	26060
district board shall not appoint or employ a person as a chief of	26061
police, and the chief of police shall not appoint or employ a	26062
person as a patrol officer or other peace officer of a township	26063
police district ~~or a~~, township police department, or joint police	26064
district on a permanent basis, on a temporary basis, for a	26065
probationary term, or on other than a permanent basis if the	26066
person previously has been convicted of or has pleaded guilty to a	26067
felony.	26068

(2)(a) The board of township trustees or joint police	26069
district board shall terminate the appointment or employment of a	26070
chief of police, patrol officer, or other peace officer of a	26071
township police district or, township police department, or joint	26072
police district who does either of the following:	26073

(i) Pleads guilty to a felony;

26074

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	26075
plea agreement as provided in division (D) of section 2929.43 of	26076
the Revised Code in which the chief of police, patrol officer, or	26077
other peace officer of a township police district or, township	26078
police department, or joint police district agrees to surrender	26079
the certificate awarded to that chief of police, patrol officer,	26080
or other peace officer under section 109.77 of the Revised Code.	26081

(b) The board shall suspend the appointment or employment of	26082
a chief of police, patrol officer, or other peace officer of a	26083
township police district or, township police department, or joint	26084
police district who is convicted, after trial, of a felony. If ~~the~~	26085
such chief of police, patrol officer, or other peace officer ~~of a~~	26086
~~township police district or township police department~~ files an	26087
appeal from that conviction and the conviction is upheld by the	26088
highest court to which the appeal is taken, or, if no timely	26089
appeal is filed, the board shall terminate the appointment or	26090
employment of that chief of police, patrol officer, or other peace	26091
officer. If the chief of police, patrol officer, or other peace	26092
officer of a township police district or, township police	26093
department, or joint police district files an appeal that results	26094
in that chief of police's, patrol officer's, or other peace	26095
officer's acquittal of the felony or conviction of a misdemeanor,	26096
or in the dismissal of the felony charge against the chief of	26097
police, patrol officer, or other peace officer, the board shall	26098
reinstate that chief of police, patrol officer, or other peace	26099
officer. A chief of police, patrol officer, or other peace officer	26100
~~of a township police district or township police department~~ who is	26101
reinstated under division (D)(2)(b) of this section shall not	26102
receive any back pay unless the conviction of that chief of	26103
police, patrol officer, or other peace officer of the felony was	26104
reversed on appeal, or the felony charge was dismissed, because	26105
the court found insufficient evidence to convict the chief of	26106
police, patrol officer, or other peace officer of the felony.	26107

(3) Division (D) of this section does not apply regarding an	26108
offense that was committed prior to January 1, 1997.	26109

(4) The suspension or termination of the appointment or	26110
employment of a chief of police, patrol officer, or other peace	26111
officer under division (D)(2) of this section shall be in	26112
accordance with Chapter 119. of the Revised Code.	26113

(E) The board of township trustees or the joint police	26114
district board may enter into a contract under section 505.43 or	26115
505.50 of the Revised Code to obtain all police protection for the	26116
township police district or joint police district from one or more	26117
municipal corporations, county sheriffs, or other townships. If	26118
the board enters into such a contract, subject to division (D) of	26119
this section, it may, but is not required to, appoint a police	26120
chief for the district.	26121

(F) The members of the police force of a township police	26122
district of a township, or of a joint police district board	26123
comprised of a township, that adopts the limited self-government	26124
form of township government shall serve as peace officers for the	26125
township territory included in the district.	26126

(G) A chief of police or patrol officer of a township police	26127
district, ~~or of a~~ township police department, or joint police	26128
district may participate, as the director of an organized crime	26129
task force established under section 177.02 of the Revised Code or	26130
as a member of the investigatory staff of that task force, in an	26131
investigation of organized criminal activity in any county or	26132
counties in this state under sections 177.01 to 177.03 of the	26133
Revised Code.	26134

Sec. 505.491. Except as provided in division (D) of section	26135
505.49 or in division (C) of section 509.01 of the Revised Code	26136
for a board of township trustees, and except as provided in	26137
division (D) of section 505.49 of the Revised Code for a joint	26138
police district board, if the board ~~of trustees of a township~~ has	26139
reason to believe that a chief of police, patrol officer, or other	26140
township or joint police district employee appointed under	26141
division (B) of section 505.49 of the Revised Code or a police	26142
constable appointed under division (B) of section 509.01 of the	26143
Revised Code has been guilty, in the performance of the official	26144
duty of that chief of police, patrol officer, other township or	26145
joint police district employee, or police constable, of bribery,	26146
misfeasance, malfeasance, nonfeasance, misconduct in office,	26147
neglect of duty, gross immorality, habitual drunkenness,	26148
incompetence, or failure to obey orders given that person by the	26149
proper authority, the board immediately shall file written charges	26150
against that person~~, setting~~. The written charges shall set forth	26151
in detail a statement of the alleged guilt and, at the same time,	26152
or as soon thereafter as possible, serve a true copy of those	26153
charges upon the person against whom they are made. The service	26154
may be made on the person or by leaving a copy of the charges at	26155
the office or residence of that person. Return of the service	26156
shall be made to the board in the same manner that is provided for	26157
the return of the service of summons in a civil action.	26158

Sec. 505.492. Charges filed by the board of township	26159
trustees or joint police district board under section 505.491 of	26160
the Revised Code shall be heard at the next regular meeting	26161
thereof, unless the board extends the time for the hearing, which	26162
shall be done only on the application of the accused. The accused	26163
may appear in person and by counsel, examine all witnesses, and	26164
answer all charges against ~~him~~the accused.	26165

Sec. 505.493. Pending any proceedings under sections 505.491	26166
and 505.492 of the Revised Code, an accused person may be	26167
suspended by the board of township trustees or joint police	26168
district board, but such suspension shall be for a period not	26169
longer than fifteen days, unless the hearing of such charges is	26170
extended upon the application of the accused, in which event the	26171
suspension shall not exceed thirty days.	26172

Sec. 505.494. For the purpose of investigating charges filed	26173
pursuant to section 505.491 of the Revised Code, the board of	26174
township trustees or joint police district board may issue	26175
subpoenas or compulsory process to compel the attendance of	26176
persons and the production of books and papers before it and	26177
provide by resolution for exercising and enforcing this section.	26178

Sec. 505.495. In all cases in which the attendance of	26179
witnesses may be compelled for an investigation, under section	26180
505.494 of the Revised Code, any member of the board of township	26181
trustees or of the joint police district board may administer the	26182
requisite oaths. The board has the same power to compel the giving	26183
of testimony by attending witnesses as is conferred upon courts.	26184
In all such cases, witnesses shall be entitled to the same	26185
privileges and immunities as are allowed witnesses in civil cases.	26186
Witnesses shall be paid the fees and mileage provided for under	26187
section 1901.26 of the Revised Code, and the costs of all such	26188
proceedings shall be payable from the general fund of the township	26189
or joint police district.	26190

Sec. 505.50. The board of township trustees of a township or	26191
of a township police district, or a joint police district board,	26192
may purchase, lease, lease with an option to purchase, or	26193
otherwise acquire any police apparatus, equipment, including a	26194
public communications system, or materials that the township or,	26195
township police district, or joint police district requires and	26196
may build, purchase, lease, or lease with an option to purchase	26197
any building or buildings and site of the building or buildings	26198
that are necessary for the police operations of the township or	26199
either district.	26200

The boards of trustees of any two or more contiguous	26201
townships, ~~may~~or the boards of township trustees of one or more	26202
contiguous townships and the legislative authorities of one or	26203
more contiguous municipal corporations, by joint agreement, may	26204
unite in the joint purchase, lease, lease with an option to	26205
purchase, maintenance, use, and operation of police equipment for	26206
any other police purpose designated in sections 505.48 to 505.55	26207
of the Revised Code, and to prorate the expense of that joint	26208
action on terms mutually agreed upon by the trustees in each	26209
affected township and the legislative authorities of each affected	26210
municipal corporation.	26211

The board of trustees of a township or of a township police	26212
district, or a joint police district board, may enter into a	26213
contract with one or more townships, a municipal corporation, a	26214
park district created pursuant to section 511.18 or 1545.01 of the	26215
Revised Code, or the county sheriff upon any terms that are	26216
mutually agreed upon for the provision of police protection	26217
services or additional police protection services either on a	26218
regular basis or for additional protection in times of emergency.	26219
The contract shall be agreed to in each instance by the respective	26220
board or boards of township trustees, the board of county	26221
commissioners, the board of park commissioners, the joint police	26222
district board, or the legislative authority of the municipal	26223
corporation involved. The contract may provide for a fixed annual	26224
charge to be paid at the time agreed upon in the contract.	26225

Chapter 2744. of the Revised Code, insofar as it is	26226
applicable to the operation of police departments, applies to the	26227
contracting political subdivisions and police department members	26228
when the members are serving outside their own political	26229
subdivision pursuant to such a contract. Police department members	26230
acting outside the political subdivision in which they are	26231
employed may participate in any pension or indemnity fund	26232
established by their employer and are entitled to all the rights	26233
and benefits of Chapter 4123. of the Revised Code, to the same	26234
extent as while performing services within the political	26235
subdivision.	26236

Sec. 505.51. The board of trustees of a township police	26237
district or a joint police district board may levy a tax upon all	26238
of the taxable property in the township police district or joint	26239
police district, respectively, pursuant to sections 5705.19 and	26240
5705.25 of the Revised Code to defray all or a portion of expenses	26241
of the district in providing police protection.	26242

Sec. 505.511. (A) A board of township trustees that operates	26243
a township police department or, the board of township trustees of	26244
a township police district, or a joint police district board may,	26245
after police constables, the township police, a law enforcement	26246
agency with which the township contracts for police services, the	26247
joint police district police, and the county sheriff or the	26248
sheriff's deputy have answered a combined total of three false	26249
alarms from the same commercial or residential security alarm	26250
system within the township in the same calendar year, cause the	26251
township fiscal officer to mail the manager of the commercial	26252
establishment or the occupant, lessee, agent, or tenant of the	26253
residence a bill for each subsequent false alarm from the same	26254
alarm system during that year, to defray the costs incurred. The	26255
bill's amount shall be as follows:	26256

(1) For the fourth false alarm of that year ..... $50.00;

26257

(2) For the fifth false alarm of that year ..... $100.00;

26258

(3) For all false alarms in that year occurring after the	26259
fifth false alarm ..... $150.00.	26260

If payment of the bill is not received within thirty days,	26261
the township fiscal officer or joint police district treasurer	26262
shall send a notice by certified mail to the manager and to the	26263
owner, if different, of the real estate of which the commercial	26264
establishment is a part, or to the occupant, lessee, agent, or	26265
tenant and to the owner, if different, of the real estate of which	26266
the residence is a part, indicating that failure to pay the bill	26267
within thirty days, or to show just cause why the bill should not	26268
be paid, will result in the assessment of a lien upon the real	26269
estate in the amount of the bill. If payment is not received	26270
within those thirty days or if just cause is not shown, the amount	26271
of the bill shall be entered upon the tax duplicate, shall be a	26272
lien upon the real estate from the date of the entry, and shall be	26273
collected as other taxes and returned to the township treasury to	26274
be earmarked for use for police services.	26275

The board of township trustees shall not cause the township	26276
fiscal officer, or the joint police district board shall not cause	26277
the joint police district treasurer, to send a bill pursuant to	26278
this division if a bill has already been sent pursuant to division	26279
(B) of this section for the same false alarm.	26280

(B) The county sheriff may, after the county sheriff or the	26281
sheriff's deputy, police constables, the township police, the	26282
joint police district police, and a law enforcement agency with	26283
which the township contracts for police services have answered a	26284
combined total of three false alarms from the same commercial or	26285
residential security alarm system within the unincorporated area	26286
of the county in the same calendar year, mail the manager of the	26287
commercial establishment or the occupant, lessee, agent, or tenant	26288
of the residence a bill for each subsequent false alarm from the	26289
same alarm system during that year, to defray the costs incurred.	26290
The bill's amount shall be as follows:	26291

(1) For the fourth false alarm of that year ..... $50.00;

26292

(2) For the fifth false alarm of that year ..... $100.00;

26293

(3) For all false alarms in that year occurring after the	26294
fifth false alarm ..... $150.00.	26295

If payment of the bill is not received within thirty days,	26296
the sheriff shall send a notice by certified mail to the manager	26297
and to the owner, if different, of the real estate of which the	26298
commercial establishment is a part, or to the occupant, lessee,	26299
agent, or tenant and to the owner, if different, of the real	26300
estate of which the residence is a part, indicating that failure	26301
to pay the bill within thirty days, or to show just cause why the	26302
bill should not be paid, will result in the assessment of a lien	26303
upon the real estate in the amount of the bill. If payment is not	26304
received within those thirty days or if just cause is not shown,	26305
the amount of the bill shall be entered upon the tax duplicate,	26306
shall be a lien upon the real estate from the date of the entry,	26307
and shall be collected as other taxes and returned to the county	26308
treasury.	26309

The sheriff shall not send a bill pursuant to this division	26310
if a bill has already been sent pursuant to division (A) of this	26311
section for the same false alarm.	26312

(C) As used in this section, "commercial establishment" has	26313
the same meaning as in section 505.391 of the Revised Code.	26314

Sec. 505.52. The board of trustees of a township police	26315
district or a joint police district board may issue bonds for the	26316
purpose of buying police equipment in the manner provided for in	26317
section 133.18 and pursuant to Chapter 133. of the Revised Code.	26318
The proceeds of the bonds issued under this section, other than	26319
any premium and accrued interest which is credited to the sinking	26320
fund, shall be placed in the township treasury or joint police	26321
district board treasury to the credit of a fund to be known as the	26322
"police equipment fund." Money from the police equipment fund	26323
shall be paid out only upon order of the township board of	26324
trustees of the township police district or of the joint police	26325
district board.	26326

Sec. 505.53. The board of trustees of a township police	26327
district or a joint police district board may issue notes for a	26328
period not to exceed three years for the purpose of buying police	26329
equipment or a building or site to house police equipment.	26330
One-third of the purchase price of the equipment, building, or	26331
site shall be paid at the time of purchase, and the remainder of	26332
the purchase price shall be covered by notes maturing in two and	26333
three years respectively. Notes may bear interest not to exceed	26334
the rate determined as provided in section 9.95 of the Revised	26335
Code, and shall not be subject to Chapter 133. of the Revised	26336
Code. Such notes shall be offered for sale on the open market or	26337
given to a vendor if no sale is made.	26338

Sec. 505.54. The board of trustees of the township or the	26339
joint police district board may, upon nomination by the chief of	26340
police, send one or more of the officers, ~~patrolmen~~patrol	26341
officers, or other employees of the township police district or	26342
the joint police district to a school of instruction designed to	26343
provide additional training or skills related to the employees	26344
work assignment in the district. The trustees may make advance	26345
tuition payments for any employee so nominated and may defray all	26346
or a portion of the employee's expenses while receiving this	26347
instruction.	26348

Sec. 505.541. (A) The board of township trustees or a joint	26349
police district board, respectively, may establish, by resolution,	26350
a parking enforcement unit within a township police district or	26351
within a joint police district, and provide for the regulation of	26352
parking enforcement officers. The chief of police of the district	26353
shall be the executive head of the parking enforcement unit, shall	26354
make all appointments and removals of parking enforcement	26355
officers, subject to any general rules prescribed by the board of	26356
township trustees by resolution or joint police district board, as	26357
appropriate, and shall prescribe rules for the organization,	26358
training, administration, control, and conduct of the parking	26359
enforcement unit. The chief of police may appoint parking	26360
enforcement officers who agree to serve for nominal compensation,	26361
and persons with physical disabilities may receive appointments as	26362
parking enforcement officers.	26363

(B) The authority of the parking enforcement officers shall	26364
be limited to the enforcement of section 4511.69 of the Revised	26365
Code and any other parking laws specified in the resolution	26366
creating the parking enforcement unit. Parking enforcement	26367
officers shall have no other powers.	26368

(C) The training the parking enforcement officers shall	26369
receive shall include instruction in general administrative rules	26370
and procedures governing the parking enforcement unit, the role of	26371
the judicial system as it relates to parking regulation and	26372
enforcement, proper techniques and methods relating to the	26373
enforcement of parking laws, human interaction skills, and first	26374
aid.	26375

Sec. 505.55. In the event that need for a township police	26376
district ceases to exist, the township trustees by a two-thirds	26377
vote of the board shall adopt a resolution specifying the date	26378
that the township police district shall cease to exist and provide	26379
for the disposal of all property belonging to the district by	26380
public sale. Such sale must be by public auction and upon notice	26381
thereof being published once a week for three weeks in a newspaper	26382
~~published, or~~ of general circulation in such township~~, the~~or as	26383
provided in section 7.16 of the Revised Code. The last of such	26384
publications toshall be made at least five days before the date	26385
of the sale. Any moneys remaining after the dissolution of the	26386
district or received from the public sale of property shall be	26387
paid into the treasury of the township and may be expended for any	26388
public purpose when duly authorized by the township board of	26389
trustees.	26390

Sec. 505.551. (A) Any township or municipal corporation may	26391
withdraw from a joint police district created under section	26392
505.482 of the Revised Code by adopting a resolution or an	26393
ordinance, respectively, ordering withdrawal. On or after the	26394
first day of January of the year following the adoption of the	26395
resolution or ordinance of withdrawal, the township or municipal	26396
corporation withdrawing ceases to be a part of the district, and	26397
the power of the district to levy a tax upon the taxable property	26398
in the withdrawing township or municipal corporation terminates,	26399
except that the district shall continue to levy and collect taxes	26400
for the payment of indebtedness within the territory of the	26401
district as it was comprised at the time the indebtedness was	26402
incurred.	26403

(B) Upon the withdrawal of any township or municipal	26404
corporation from a joint police district, the county auditor shall	26405
ascertain, apportion, and order a division of the funds on hand	26406
and moneys and taxes in the process of collection, except for	26407
taxes levied for the payment of indebtedness, credits, and real	26408
and personal property, either in money or in kind, on the basis of	26409
the valuation of the respective tax duplicates of the withdrawing	26410
township or municipal corporation and the remaining territory of	26411
the joint police district.	26412

(C) When the number of townships or municipal corporations	26413
comprising a joint police district is reduced to one, the joint	26414
police district ceases to exist by operation of law, and the	26415
funds, credits, and property remaining after apportionments to	26416
withdrawing townships or municipal corporations shall be assumed	26417
by the one remaining township or municipal corporation. When a	26418
joint police district ceases to exist and an indebtedness remains	26419
unpaid, the board of county commissioners shall continue to levy	26420
and collect taxes for the payment of that indebtedness within the	26421
territory of the joint police district as it was comprised at the	26422
time the indebtedness was incurred.	26423

Sec. 505.60. The following applies until the department of	26424
administrative services implements for townships the health care	26425
plans under section 9.901 of the Revised Code. If those plans do	26426
not include or address any benefits listed in division (A) of this	26427
section, the following provisions continue in effect for those	26428
benefits.	26429

(A) As provided in this section and section 505.601 of the	26430
Revised Code, the board of township trustees of any township may	26431
procure and pay all or any part of the cost of insurance policies	26432
that may provide benefits for hospitalization, surgical care,	26433
major medical care, disability, dental care, eye care, medical	26434
care, hearing aids, prescription drugs, or sickness and accident	26435
insurance, or a combination of any of the foregoing types of	26436
insurance for township officers and employees. The board of	26437
township trustees of any township may negotiate and contract for	26438
the purchase of a policy of long-term care insurance for township	26439
officers and employees pursuant to section 124.841 of the Revised	26440
Code.	26441

If the board procures any insurance policies under this	26442
section, the board shall provide uniform coverage under these	26443
policies for township officers and full-time township employees	26444
and their immediate dependents, and may provide coverage under	26445
these policies for part-time township employees and their	26446
immediate dependents, from the funds or budgets from which the	26447
officers or employees are compensated for services, such policies	26448
to be issued by an insurance company duly authorized to do	26449
business in this state.	26450

(B) The board may also provide coverage for any or all of the	26451
benefits described in division (A) of this section by entering	26452
into a contract for group health care services with health	26453
insuring corporations holding certificates of authority under	26454
Chapter 1751. of the Revised Code for township officers and	26455
employees and their immediate dependents. If the board so	26456
contracts, it shall provide uniform coverage under any such	26457
contracts for township officers and full-time township employees	26458
and their immediate dependents, from the funds or budgets from	26459
which the officers or employees are compensated for services, and	26460
may provide coverage under such contracts for part-time township	26461
employees and their immediate dependents, from the funds or	26462
budgets from which the officers or employees are compensated for	26463
services, provided that each officer and employee so covered is	26464
permitted to:	26465

(1) Choose between a plan offered by an insurance company and	26466
a plan offered by a health insuring corporation, and provided	26467
further that the officer or employee pays any amount by which the	26468
cost of the plan chosen exceeds the cost of the plan offered by	26469
the board under this section;	26470

(2) Change the choice made under this division at a time each	26471
year as determined in advance by the board.	26472

An addition of a class or change of definition of coverage to	26473
the plan offered under this division by the board may be made at	26474
any time that it is determined by the board to be in the best	26475
interest of the township. If the total cost to the township of the	26476
revised plan for any trustee's coverage does not exceed that cost	26477
under the plan in effect during the prior policy year, the	26478
revision of the plan does not cause an increase in that trustee's	26479
compensation.	26480

(C) Any township officer or employee may refuse to accept any	26481
coverage authorized by this section without affecting the	26482
availability of such coverage to other township officers and	26483
employees.	26484

(D) If any township officer or employee is denied coverage	26485
under a health care plan procured under this section or if any	26486
township officer or employee elects not to participate in the	26487
township's health care plan, the township may reimburse the	26488
officer or employee for each out-of-pocket premium attributable to	26489
the coverage provided for the officer or employee for insurance	26490
benefits described in division (A) of this section that the	26491
officer or employee otherwise obtains, but not to exceed an amount	26492
equal to the average premium paid by the township for its officers	26493
and employees under any health care plan it procures under this	26494
section.	26495

(E) The board may provide the benefits authorized under this	26496
section, without competitive bidding, by contributing to a health	26497
and welfare trust fund administered through or in conjunction with	26498
a collective bargaining representative of the township employees.	26499

The board may also provide the benefits described in this	26500
section through an individual self-insurance program or a joint	26501
self-insurance program as provided in section 9.833 of the Revised	26502
Code.	26503

(F) If a board of township trustees fails to pay one or more	26504
premiums for a policy, contract, or plan of insurance or health	26505
care services authorized under this section and the failure causes	26506
a lapse, cancellation, or other termination of coverage under the	26507
policy, contract, or plan, it may reimburse a township officer or	26508
employee for, or pay on behalf of the officer or employee, any	26509
expenses incurred that would have been covered under the policy,	26510
contract, or plan.	26511

(G) As used in this section and section 505.601 of the	26512
Revised Code:	26513

(1) "Part-time township employee" means a township employee	26514
who is hired with the expectation that the employee will work not	26515
more than one thousand five hundred hours in any year.	26516

(2) "Premium" does not include any deductible or health care	26517
costs paid directly by a township officer or employee.	26518

Sec. 505.601. The following applies until the department of	26519
administrative services implements for townships the health care	26520
plans under section 9.901 of the Revised Code.	26521

If a board of township trustees does not procure an insurance	26522
policy or group health care services as provided in section 505.60	26523
of the Revised Code, the board of township trustees may reimburse	26524
any township officer or employee for each out-of-pocket premium	26525
attributable to the coverage provided for that officer or employee	26526
for insurance benefits described in division (A) of section 505.60	26527
of the Revised Code that the officer or employee otherwise	26528
obtains, if all of the following conditions are met:	26529

(A) The board of township trustees adopts a resolution that	26530
states that the township has chosen not to procure a health care	26531
plan under section 505.60 of the Revised Code and has chosen	26532
instead to reimburse its officers and employees for each	26533
out-of-pocket premium attributable to the coverage provided for	26534
them for insurance benefits described in division (A) of section	26535
505.60 of the Revised Code that they otherwise obtain.	26536

(B) That resolution provides for a uniform maximum monthly or	26537
yearly payment amount for each officer or employee to cover	26538
themselves and their immediate dependents, beyond which the	26539
township will not reimburse the officer or employee.	26540

(C) That resolution states the specific benefits listed in	26541
division (A) of section 505.60 of the Revised Code for which the	26542
township will reimburse all officers and employees of the	26543
township. The township may not reimburse officers and employees	26544
for benefits other than those listed in division (A) of section	26545
505.60 of the Revised Code.	26546

Sec. 505.603. The following applies until the department of	26547
administrative services implements for townships the health care	26548
plans under section 9.901 of the Revised Code. If those plans do	26549
not include or address any benefits incorporated in this section,	26550
the following provisions continue in effect for those benefits.	26551

In addition to or in lieu of providing benefits to township	26552
officers and employees under section 505.60, 505.601, or 505.602	26553
of the Revised Code, a board of township trustees may offer	26554
benefits to officers and employees through a cafeteria plan that	26555
meets the requirements of section 125 of the "Internal Revenue	26556
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 125, as amended, after	26557
first adopting a policy authorizing an officer or employee to	26558
receive a cash payment in lieu of a benefit otherwise offered to	26559
township officers or employees under any of those sections, but	26560
only if the cash payment does not exceed twenty-five per cent of	26561
the cost of premiums or payments that otherwise would be paid by	26562
the board for benefits for the officer or employee under an	26563
offered policy, contract, or plan. No cash payment in lieu of a	26564
benefit shall be made pursuant to this section unless the officer	26565
or employee signs a statement affirming that the officer or	26566
employee is covered under another health insurance or health care	26567
policy, contract, or plan in the case of a health benefit, or a	26568
life insurance policy in the case of a life insurance benefit, and	26569
setting forth the name of the employer, if any, that sponsors the	26570
coverage, the name of the carrier that provides the coverage, and	26571
an identifying number of the applicable policy, contract, or plan.	26572

Sec. 505.61. A board of township trustees may purchase a	26573
policy or policies of insurance to indemnify township constables	26574
appointed under Chapter 509. of the Revised Code or the chief of	26575
police, ~~patrolmen~~patrol officers, and other employees of a	26576
township police district established under sections 505.48 to	26577
505.55 of the Revised Code against liability arising from the	26578
performance of their official duties.	26579

A joint police district board may purchase a policy or	26580
policies of insurance to indemnify the chief of police, patrol	26581
officers, and other employees of a joint police district	26582
established under section 505.482 of the Revised Code against	26583
liability arising from the performance of their duties.	26584

Sec. 505.67. (A) If the board of county commissioners of the	26585
county in which a township is located has not established a motor	26586
vehicle decal registration program under section 311.31 of the	26587
Revised Code, the board of township trustees may establish, by	26588
resolution, a voluntary motor vehicle decal registration program	26589
to be controlled and conducted by the chief law enforcement	26590
officer of the township within the unincorporated areas of the	26591
township. The board may establish a fee for participation in the	26592
program in an amount sufficient to cover the cost of administering	26593
the program and the cost of the decals.	26594

(B) Any resident of the township may enroll a motor vehicle	26595
that hethe resident owns in the program by signing a consent	26596
form, displaying the decal issued under this section, and paying	26597
the prescribed fee. The motor vehicle owner shall remove the decal	26598
to withdraw from the program and also prior to the sale or	26599
transfer of ownership of the vehicle. Any law enforcement officer	26600
may conduct, at any place within this state at which the officer	26601
would be permitted to arrest the person operating the vehicle, an	26602
investigatory stop of any motor vehicle displaying a decal issued	26603
under this section when the vehicle is being driven between the	26604
hours of one a.m. and five a.m. A law enforcement officer may	26605
conduct an investigatory stop under this division regardless of	26606
whether the officer observes a violation of law involving the	26607
vehicle or whether hethe officer has probable cause to believe	26608
that any violation of law involving the vehicle has occurred.	26609

(C) The consent form required under division (B) of this	26610
section shall:	26611

(1) Describe the conditions for participation in the program,	26612
including a description of an investigatory stop and a statement	26613
that any law enforcement officer may conduct, at any place within	26614
this state at which the officer would be permitted to arrest the	26615
person operating the vehicle, an investigatory stop of the motor	26616
vehicle when it is being driven between the hours of one a.m. and	26617
five a.m.	26618

(2) Contain other information identifying the vehicle and	26619
owner as the chief law enforcement officer of the township	26620
considers necessary.	26621

(D) The state director of public safety, in accordance with	26622
Chapter 119. of the Revised Code, shall adopt rules governing the	26623
color, size, and design of decals issued under this section and	26624
the location where the decals shall be displayed on vehicles that	26625
are enrolled in the program.	26626

(E) Divisions (A) to (D) of this section do not require a law	26627
enforcement officer to conduct an investigatory stop of a vehicle	26628
displaying a decal issued under this section.	26629

(F) As used in this section:

26630

(1) "Investigatory stop" means a temporary stop of a motor	26631
vehicle and its operator and occupants for purposes of determining	26632
the identity of the person who is operating the vehicle and, if	26633
the person who is operating it is not its owner, whether any	26634
violation of law has occurred or is occurring. An "investigatory	26635
stop" is not an arrest, but, if an officer who conducts an	26636
investigatory stop determines that illegal conduct has occurred or	26637
is ~~occuring~~occurring, an "investigatory stop" may be the basis	26638
for an arrest.	26639

(2) "Law enforcement officer" means a sheriff, deputy	26640
sheriff, constable, police officer of a township or joint ~~township~~	26641
police district, marshal, deputy marshal, municipal police	26642
officer, or state highway patrol trooper.	26643

Sec. 505.73. (A) The board of township trustees may, by	26644
resolution, adopt by incorporation by reference, administer, and	26645
enforce within the unincorporated area of the township an existing	26646
structures code pertaining to the repair and continued maintenance	26647
of structures and the premises of those structures. For that	26648
purpose, the board shall adopt any model or standard code prepared	26649
and promulgated by this state, any department, board, or agency of	26650
this state, or any public or private organization that publishes a	26651
recognized model or standard code on the subject. The board shall	26652
ensure that the code adopted governs subject matter not addressed	26653
by the state residential building code and that it is fully	26654
compatible with the state residential and nonresidential building	26655
codes the board of building standards adopts pursuant to section	26656
3781.10 of the Revised Code.	26657

(B) The board shall assign the duties of administering and	26658
enforcing the existing structures code to a township officer or	26659
employee who is trained and qualified for those duties and shall	26660
establish by resolution the minimum qualifications necessary to	26661
perform those duties.	26662

(C)(1) After the board adopts an existing structures code,	26663
the township fiscal officer shall post a notice that clearly	26664
identifies the code, states the code's purpose, and states that a	26665
complete copy of the code is on file for inspection by the public	26666
with the fiscal officer and in the county law library and that the	26667
fiscal officer has copies available for distribution to the public	26668
at cost.	26669

(2) The township fiscal officer shall post the notice in five	26670
conspicuous places in the township for thirty days before the code	26671
becomes effective and shall publish the notice in a newspaper of	26672
general circulation in the township for three consecutive weeks or	26673
as provided in section 7.16 of the Revised Code. If the adopting	26674
township amends or deletes any provision of the code, the notice	26675
shall contain a brief summary of the deletion or amendment.	26676

(D) If the agency that originally promulgated or published	26677
the existing structures code amends the code, the board may adopt	26678
the amendment or change by incorporation by reference in the	26679
manner provided for the adoption of the original code.	26680

Sec. 507.09. (A) Except as otherwise provided in division	26681
(D) of this section, the township fiscal officer shall be entitled	26682
to compensation as follows:	26683

(1) In townships having a budget of fifty thousand dollars or	26684
less, three thousand five hundred dollars;	26685

(2) In townships having a budget of more than fifty thousand	26686
but not more than one hundred thousand dollars, five thousand five	26687
hundred dollars;	26688

(3) In townships having a budget of more than one hundred	26689
thousand but not more than two hundred fifty thousand dollars,	26690
seven thousand seven hundred dollars;	26691

(4) In townships having a budget of more than two hundred	26692
fifty thousand but not more than five hundred thousand dollars,	26693
nine thousand nine hundred dollars;	26694

(5) In townships having a budget of more than five hundred	26695
thousand but not more than seven hundred fifty thousand dollars,	26696
eleven thousand dollars;	26697

(6) In townships having a budget of more than seven hundred	26698
fifty thousand but not more than one million five hundred thousand	26699
dollars, thirteen thousand two hundred dollars;	26700

(7) In townships having a budget of more than one million	26701
five hundred thousand but not more than three million five hundred	26702
thousand dollars, fifteen thousand four hundred dollars;	26703

(8) In townships having a budget of more than three million	26704
five hundred thousand dollars but not more than six million	26705
dollars, sixteen thousand five hundred dollars;	26706

(9) In townships having a budget of more than six million	26707
dollars, seventeen thousand six hundred dollars.	26708

(B) Any township fiscal officer may elect to receive less	26709
than the compensation the fiscal officer is entitled to under	26710
division (A) of this section. Any township fiscal officer electing	26711
to do this shall so notify the board of township trustees in	26712
writing, and the board shall include this notice in the minutes of	26713
its next board meeting.	26714

(C) The compensation of the township fiscal officer shall be	26715
paid in equal monthly payments. If the office of township fiscal	26716
officer is held by more than one person during any calendar year,	26717
each person holding the office shall receive payments for only	26718
those months, and any fractions of those months, during which the	26719
person holds the office.	26720

A township fiscal officer may be compensated from the	26721
township general fund or from other township funds based on the	26722
proportion of time the township fiscal officer spends providing	26723
services related to each fund. A township fiscal officer must	26724
document the amount of time the township fiscal officer spends	26725
providing services related to each fund by certification	26726
specifying the percentage of time spent working on matters to be	26727
paid from the township general fund or from other township funds	26728
in such proportions as the kinds of services performed.	26729

(D) Beginning in calendar year 1999, the township fiscal	26730
officer shall be entitled to compensation as follows:	26731

(1) In calendar year 1999, the compensation specified in	26732
division (A) of this section increased by three per cent;	26733

(2) In calendar year 2000, the compensation determined under	26734
division (D)(1) of this section increased by three per cent;	26735

(3) In calendar year 2001, the compensation determined under	26736
division (D)(2) of this section increased by three per cent;	26737

(4) In calendar year 2002, except in townships having a	26738
budget of more than six million dollars, the compensation	26739
determined under division (D)(3) of this section increased by	26740
three per cent; in townships having a budget of more than six	26741
million but not more than ten million dollars, nineteen thousand	26742
eight hundred ten dollars; and in townships having a budget of	26743
more than ten million dollars, twenty thousand nine hundred	26744
dollars;	26745

(5) In calendar year 2003, the compensation determined under	26746
division (D)(4) of this section increased by three per cent or the	26747
percentage increase in the consumer price index as described in	26748
division (D)(7)(b) of this section, whichever percentage is lower;	26749

(6) In calendar year 2004, except in townships having a	26750
budget of more than six million dollars, the compensation	26751
determined under division (D)(5) of this section for the calendar	26752
year 2003 increased by three per cent or the percentage increase	26753
in the consumer price index as described in division (D)(7)(b) of	26754
this section, whichever percentage is lower; in townships having a	26755
budget of more than six million but not more than ten million	26756
dollars, twenty-two thousand eighty-seven dollars; and in	26757
townships having a budget of more than ten million dollars,	26758
twenty-five thousand five hundred fifty-three dollars;	26759

(7) In calendar years 2005 through 2008, the compensation	26760
determined under division (D) of this section for the immediately	26761
preceding calendar year increased by the lesser of the following:	26762

(a) Three per cent;

26763

(b) The percentage increase, if any, in the consumer price	26764
index over the twelve-month period that ends on the thirtieth day	26765
of September of the immediately preceding calendar year, rounded	26766
to the nearest one-tenth of one per cent;	26767

(8) In calendar year 2009 and thereafter, the amount	26768
determined under division (D) of this section for calendar year	26769
2008.	26770

As used in this division, "consumer price index" has the same	26771
meaning as in section 325.18 of the Revised Code.	26772

Sec. 509.15. The following fees and expenses shall be taxed	26773
as costs, collected from the judgment debtor, and paid to the	26774
general fund of the appropriate township or district as	26775
compensation due for services rendered by township constables or	26776
members of the police force of a township police district or joint	26777
police district:	26778

(A) Serving and making return of each of the following:

26779

(1) Order to commit to jail, order on jailer for prisoner, or	26780
order of ejectment, including copies to complete service, one	26781
dollar for each defendant named therein;	26782

(2) Search warrant or warrant of arrest, for each person	26783
named in the writ, five dollars;	26784

(3) Writ of attachment of property, except for purpose of	26785
garnishment, twenty dollars;	26786

(4) Writ of attachment for the purpose of garnishment, five	26787
dollars;	26788

(5) Writ of possession or restitution, twenty dollars;

26789

(6) Attachment for contempt, for each person named in the	26790
writ, three dollars;	26791

(7) Writ of replevin, twenty dollars;

26792

(8) Summons and writs, subpoena, venire, and notice to	26793
garnishee, including copies to complete service, three dollars for	26794
each person named therein;	26795

(9) Execution against property or person, eighty cents, and	26796
six per cent of all money thus collected;	26797

(10) Any other writ, order, or notice required by law, for	26798
each person named therein, including copies to complete service,	26799
three dollars for the first name and fifty cents for each	26800
additional name.	26801

(B) Mileage for the distance actually and necessarily	26802
traveled in serving and returning any of the preceding writs,	26803
orders, and notices, fifty cents for the first mile and for each	26804
additional mile, twenty cents;	26805

(C) For attending a criminal case during the trial or hearing	26806
and having charge of prisoners, each case, two dollars and fifty	26807
cents, but, when so acting, such constable shall not be entitled	26808
to a witness fee if called upon to testify;	26809

(D) For attending civil court during a jury trial, each case,	26810
two dollars;	26811

(E) For attending civil court during a trial without jury,	26812
each case, one dollar and fifty cents;	26813

(F) The actual amount paid solely for the transportation,	26814
meals, and lodging of prisoners, and for the moving and storage of	26815
goods and the care of animals taken on any legal process, such	26816
expense shall be specifically itemized on the back of the writs	26817
and sworn to;	26818

(G) For summoning and swearing appraisers, each case, two	26819
dollars;	26820

(H) For advertising property for sale, by posting, taken on	26821
any legal process, one dollar;	26822

(I) For taking and making return of any bond required by law,	26823
eighty cents.	26824

Notwithstanding anything to the contrary in this section, if	26825
any comparable fee or expense specified under section 311.17 of	26826
the Revised Code is increased to an amount greater than that set	26827
forth in this section, the board of township trustees, board of	26828
trustees of the township police district, or joint ~~township~~ police	26829
district board, as appropriate, may require that the amount taxed	26830
as costs under this section equal the amount specified under	26831
section 311.17 of the Revised Code.	26832

Sec. 511.01. If, in a township, a town hall is to be built,	26833
improved, enlarged, or removed at a cost greater than ~~ten~~fifty	26834
thousand dollars, the board of township trustees shall submit the	26835
question to the electors of such township and shall certify their	26836
resolution to the board of elections not later than four p.m. of	26837
the ninetieth day before the day of the election.	26838

Sec. 511.12. The board of township trustees may prepare	26839
plans and specifications and make contracts for the construction	26840
and erection of a memorial building, monument, statue, or	26841
memorial, for the purposes specified and within the amount	26842
authorized by section 511.08 of the Revised Code. If the total	26843
estimated cost of the construction and erection exceeds	26844
~~twenty-five~~fifty thousand dollars, the contract shall be let by	26845
competitive bidding. If the estimated cost is ~~twenty-five~~fifty	26846
thousand dollars or less, competitive bidding may be required at	26847
the board's discretion. In making contracts under this section,	26848
the board shall be governed as follows:	26849

(A) Contracts for construction when competitive bidding is	26850
required shall be based upon detailed plans, specifications, forms	26851
of bids, and estimates of cost, adopted by the board.	26852

(B) Contracts shall be made in writing upon concurrence of a	26853
majority of the members of the board, and shall be signed by at	26854
least two of the members and by the contractor. If competitive	26855
bidding is required, no contract shall be made or signed until an	26856
advertisement has been placed in a newspaper, published or of	26857
general circulation in the township, at least twice. The board may	26858
also cause notice to be inserted in trade papers or other	26859
publications designated by it or to be distributed by electronic	26860
means, including posting the notice on the board's internet web	26861
site. If the board posts the notice on its web site, it may	26862
eliminate the second notice otherwise required to be published in	26863
a newspaper published or of general circulation in the township,	26864
provided that the first notice published in such newspaper meets	26865
all of the following requirements:	26866

(1) It is published at least two weeks before the opening of	26867
bids.	26868

(2) It includes a statement that the notice is posted on the	26869
board's internet web site.	26870

(3) It includes the internet address of the board's internet	26871
web site.	26872

(4) It includes instructions describing how the notice may be	26873
accessed on the board's internet web site.	26874

(C) No contract shall be let by competitive bidding except to	26875
the lowest and best bidder, who shall meet the requirements of	26876
section 153.54 of the Revised Code.	26877

(D) When, in the opinion of the board, it becomes necessary	26878
in the prosecution of such work to make alterations or	26879
modifications in any contract, the alterations or modifications	26880
shall be made only by order of the board, and that order shall be	26881
of no effect until the price to be paid for the work or materials	26882
under the altered or modified contract has been agreed upon in	26883
writing and signed by the contractor and at least two members of	26884
the board.	26885

(E) No contract or alteration or modification of it shall be	26886
valid unless made in the manner provided in this section.	26887

Sec. 511.23. (A) When the vote under section 511.22 of the	26888
Revised Code is in favor of establishing one or more public parks,	26889
the board of park commissioners shall constitute a board, to be	26890
called the board of park commissioners of that township park	26891
district, and they shall be a body politic and corporate. Their	26892
office is not a township office within the meaning of section	26893
703.22 of the Revised Code but is an office of the township park	26894
district. The members of the board shall serve without	26895
compensation but shall be allowed their actual and necessary	26896
expenses incurred in the performance of their duties.	26897

(B) The board may locate, establish, improve, maintain, and	26898
operate a public park or parks in accordance with division (B) of	26899
section 511.18 of the Revised Code, with or without recreational	26900
facilities. Any township park district that contains only	26901
unincorporated territory and that operated a public park or parks	26902
outside the township immediately prior to July 18, 1990, may	26903
continue to improve, maintain, and operate these parks outside the	26904
township, but further acquisitions of land shall not affect the	26905
boundaries of the park district itself or the appointing authority	26906
for the board of park commissioners.	26907

The board may lease, accept a conveyance of, or purchase	26908
suitable lands for cash, by purchase by installment payments with	26909
or without a mortgage, by lease or lease-purchase agreements, or	26910
by lease with option to purchase, may acquire suitable lands	26911
through an exchange under section 511.241 of the Revised Code, or	26912
may appropriate suitable lands and materials for park district	26913
purposes. The board also may lease facilities from other political	26914
subdivisions or private sources. The board shall have careful	26915
surveys and plats made of the lands acquired for park district	26916
purposes and shall establish permanent monuments on the boundaries	26917
of the lands. Those plats, when executed according to sections	26918
711.01 to 711.38 of the Revised Code, shall be recorded in the	26919
office of the county recorder, and those records shall be	26920
admissible in evidence for the purpose of locating and	26921
ascertaining the true boundaries of the park or parks.	26922

(C) In furtherance of the use and enjoyment of the lands	26923
controlled by it, the board may accept donations of money or other	26924
property or act as trustees of land, money, or other property, and	26925
may use and administer the land, money, or other property as	26926
stipulated by the donor or as provided in the trust agreement.	26927

The board may receive and expend grants for park purposes	26928
from agencies and instrumentalities of the United States and this	26929
state and may enter into contracts or agreements with those	26930
agencies and instrumentalities to carry out the purposes for which	26931
the grants were furnished.	26932

(D) In exercising any powers conferred upon the board under	26933
divisions (B) and (C) of this section and for other types of	26934
assistance that the board finds necessary in carrying out its	26935
duties, the board may hire and contract for professional,	26936
technical, consulting, and other special services and may purchase	26937
goods and award contracts. The procuring of goods and awarding of	26938
contracts shall be done in accordance with the procedures	26939
established for the board of county commissioners by sections	26940
307.86 to 307.91 of the Revised Code.	26941

(E) The board may appoint an executive for the park or parks	26942
and may designate the executive or another person as the clerk of	26943
the board. It may appoint all other necessary officers and	26944
employees, fix their compensation, and prescribe their duties, or	26945
it may require the executive to appoint all other necessary	26946
officers and employees, and to fix their compensation and	26947
prescribe their duties, in accordance with guidelines and policies	26948
adopted by the board.	26949

(F) The board may adopt bylaws and rules that it considers	26950
advisable for the following purposes:	26951

(1) To prohibit selling, giving away, or using any	26952
intoxicating liquors in the park or parks;	26953

(2) For the government and control of the park or parks and	26954
the operation of motor vehicles in the park or parks;	26955

(3) To provide for the protection and preservation of all	26956
property and natural life within its jurisdiction.	26957

Before the bylaws and rules take effect, the board shall	26958
provide for a notice of their adoption to be published once a week	26959
for two consecutive weeks or as provided in section 7.16 of the	26960
Revised Code, in a newspaper of general circulation in the county	26961
within which the park district is located.	26962

No person shall violate any of the bylaws or rules. Fines	26963
levied and collected for violations shall be paid into the	26964
treasury of the township park district. The board may use moneys	26965
collected from those fines for any purpose that is not	26966
inconsistent with sections 511.18 to 511.37 of the Revised Code.	26967

(G) The board may do either of the following:

26968

(1) Establish and charge fees for the use of any facilities	26969
and services of the park or parks regardless of whether the park	26970
or parks were acquired before, on, or after ~~the effective date of~~	26971
~~this amendment~~September 21, 2000;	26972

(2) Enter into a lease agreement with an individual or	26973
organization that provides for the exclusive use of a specified	26974
portion of the park or parks within the township park district by	26975
that individual or organization for the duration of an event	26976
produced by the individual or organization. The board, for the	26977
specific portion of the park or parks covered by the lease	26978
agreement, may charge a fee to, or permit the individual or	26979
organization to charge a fee to, participants in and spectators at	26980
the event covered by the agreement.	26981

(H) If the board finds that real or personal property owned	26982
by the township park district is not currently needed for park	26983
purposes, the board may lease that property to other persons or	26984
organizations during any period of time the board determines the	26985
property will not be needed. If the board finds that competitive	26986
bidding on a lease is not feasible, it may lease the property	26987
without taking bids.	26988

(I) The board may exchange property owned by the township	26989
park district for property owned by the state, another political	26990
subdivision, or the federal government on terms that it considers	26991
desirable, without the necessity of competitive bidding.	26992

(J) Any rights or duties established under this section may	26993
be modified, shared, or assigned by an agreement pursuant to	26994
section 755.16 of the Revised Code.	26995

Sec. 511.235. The board of park commissioners of a township	26996
park district may enter into contracts with one or more townships,	26997
township police districts, joint police districts, municipal	26998
corporations, or county sheriffs of this state, with one or more	26999
park districts created pursuant to section 1545.01 of the Revised	27000
Code or other township park districts, or with a contiguous	27001
political subdivision of an adjoining state, and a township,	27002
township police district, joint police district board, municipal	27003
corporation, county sheriff, park district, or other township park	27004
district of this state may enter into a contract with a township	27005
park district upon any terms that are agreed to by them, to allow	27006
the use of the township park district law enforcement officers	27007
designated under section 511.232 of the Revised Code to perform	27008
any police function, exercise any police power, or render any	27009
police service in behalf of the contracting political subdivision	27010
that the subdivision may perform, exercise, or render.	27011

Chapter 2744. of the Revised Code, insofar as it applies to	27012
the operation of police departments, shall apply to the	27013
contracting political subdivisions and to the members of their	27014
police force or law enforcement department when they are rendering	27015
service outside their own subdivisions pursuant to that contract.	27016

Any members of the police force or law enforcement department	27017
acting pursuant to that contract outside the political subdivision	27018
in which they are employed shall be entitled to participate in any	27019
indemnity fund established by their employer to the same extent as	27020
while acting within the employing subdivision. Those members shall	27021
be entitled to all the rights and benefits of Chapter 4123. of the	27022
Revised Code, to the same extent as while performing service	27023
within the subdivision.	27024

The contracts entered into pursuant to this section may	27025
provide for the following:	27026

(A) A fixed annual charge to be paid at the times agreed upon	27027
and stipulated in the contract;	27028

(B) Compensation based upon the following:

27029

(1) A stipulated price for each call or emergency;

27030

(2) The number of members or pieces of equipment employed;

27031

(3) The elapsed time of service required in each call or	27032
emergency.	27033

(C) Compensation for loss or damage to equipment while	27034
engaged in rendering police services outside the limits of the	27035
subdivision that owns and furnishes the equipment;	27036

(D) Reimbursement of the subdivision in which the police	27037
force or law enforcement department members are employed, for any	27038
indemnity award or premium contribution assessed against the	27039
employing subdivision for workers' compensation benefits for	27040
injuries or death to members of its police force or law	27041
enforcement department occurring while engaged in rendering	27042
service pursuant to the contract.	27043

Sec. 511.236. The police force or law enforcement department	27044
of any township park district may provide police protection to any	27045
county, municipal corporation, township, or township police	27046
district, or joint police district of this state, to any other	27047
township park district or any park district created pursuant to	27048
section 1545.01 of the Revised Code, or to a governmental entity	27049
of an adjoining state without a contract to provide police	27050
protection, upon the approval, by resolution, of the board of park	27051
commissioners of the township park district in which the police	27052
force or law enforcement department is located and upon	27053
authorization by an officer or employee of the police force or	27054
department providing the police protection who is designated by	27055
title of office or position, pursuant to the resolution of the	27056
board of park commissioners, to give the authorization.	27057

Chapter 2744. of the Revised Code, insofar as it applies to	27058
the operation of police departments, shall apply to any township	27059
park district and to members of its police force or law	27060
enforcement department when those members are rendering police	27061
services pursuant to this section outside the township park	27062
district by which they are employed.	27063

Police force or law enforcement department members acting, as	27064
provided in this section, outside the township park district by	27065
which they are employed shall be entitled to participate in any	27066
pension or indemnity fund established by their employer to the	27067
same extent as while acting within the township park district by	27068
which they are employed. Those members shall be entitled to all	27069
rights and benefits of Chapter 4123. of the Revised Code to the	27070
same extent as while performing services within the township park	27071
district by which they are employed.	27072

Sec. 511.25. If the board of park commissioners of a	27073
township park district finds that any lands that the board has	27074
acquired are not necessary for the purposes for which they were	27075
acquired, it may sell and dispose of those lands upon terms that	27076
the board considers advisable and may reject any purchase bid	27077
received under this section that the board determines does not	27078
meet its terms for sale.	27079

Except as otherwise provided in this section, no lands shall	27080
be sold without first giving notice of the board's intention to	27081
sell the lands by publication once a week for four consecutive	27082
weeks in a newspaper of general circulation in the township or as	27083
provided in section 7.16 of the Revised Code. The notice shall	27084
contain an accurate description of the lands being offered for	27085
sale and shall state the time and place at which sealed bids for	27086
the lands will be received. If the board rejects all of the	27087
purchase bids, it may reoffer the lands for sale in accordance	27088
with this section.	27089

The board also may sell park lands not necessary for district	27090
purposes to another political subdivision, the state, or the	27091
federal government without giving the notices or taking bids as	27092
otherwise required by this section.	27093

No lands acquired by a township park district may be sold	27094
without the approval of the court of common pleas of the county in	27095
which the park district is located, if the court appointed the	27096
board under section 511.18 of the Revised Code, or the approval of	27097
the board of township trustees, if the board of township trustees	27098
appointed the board of park commissioners under section 511.18 of	27099
the Revised Code.	27100

Sec. 511.28. A copy of any resolution for a tax levy adopted	27101
by the township board of park commissioners as provided in section	27102
511.27 of the Revised Code shall be certified by the clerk of the	27103
board of park commissioners to the board of elections of the	27104
proper county, together with a certified copy of the resolution	27105
approving the levy, passed by the board of township trustees if	27106
such a resolution is required by division (C) of section 511.27 of	27107
the Revised Code, not less than ninety days before a general or	27108
primary election in any year. The board of elections shall submit	27109
the proposal to the electors as provided in section 511.27 of the	27110
Revised Code at the succeeding general or primary election. A	27111
resolution to renew an existing levy may not be placed on the	27112
ballot unless the question is submitted at the general election	27113
held during the last year the tax to be renewed may be extended on	27114
the real and public utility property tax list and duplicate, or at	27115
any election held in the ensuing year. The board of park	27116
commissioners shall cause notice that the vote will be taken to be	27117
published once a week for two consecutive weeks prior to the	27118
election in a newspaper of general circulation, or as provided in	27119
section 7.16 of the Revised Code, in the county within which the	27120
park district is located. Additionally, if the board of elections	27121
operates and maintains a web site, the board of elections shall	27122
post that notice on its web site for thirty days prior to the	27123
election. The notice shall state the purpose of the proposed levy,	27124
the annual rate proposed expressed in dollars and cents for each	27125
one hundred dollars of valuation as well as in mills for each one	27126
dollar of valuation, the number of consecutive years during which	27127
the levy shall be in effect, and the time and place of the	27128
election.	27129

The form of the ballots cast at the election shall be: "An	27130
additional tax for the benefit of (name of township park district)	27131
.......... for the purpose of (purpose stated in the order of the	27132
board) .......... at a rate not exceeding .......... mills for	27133
each one dollar of valuation, which amounts to (rate expressed in	27134
dollars and cents) .......... for each one hundred dollars of	27135
valuation, for (number of years the levy is to run) ..........	27136

27137

		FOR THE TAX LEVY			27138
		AGAINST THE TAX LEVY	"		27139

27140

If the levy submitted is a proposal to renew, increase, or	27141
decrease an existing levy, the form of the ballot specified in	27142
this section may be changed by substituting for the words "An	27143
additional" at the beginning of the form, the words "A renewal of	27144
a" in the case of a proposal to renew an existing levy in the same	27145
amount; the words "A renewal of .......... mills and an increase	27146
of .......... mills to constitute a" in the case of an increase;	27147
or the words "A renewal of part of an existing levy, being a	27148
reduction of .......... mills, to constitute a" in the case of a	27149
decrease in the rate of the existing levy.	27150

If the tax is to be placed on the current tax list, the form	27151
of the ballot shall be modified by adding, after the statement of	27152
the number of years the levy is to run, the phrase ", commencing	27153
in .......... (first year the tax is to be levied), first due in	27154
calendar year .......... (first calendar year in which the tax	27155
shall be due)."	27156

The question covered by the order shall be submitted as a	27157
separate proposition, but may be printed on the same ballot with	27158
any other proposition submitted at the same election, other than	27159
the election of officers. More than one such question may be	27160
submitted at the same election.	27161

Sec. 511.34. In townships composed of islands, and on one of	27162
which islands lands have been conveyed in trust for the benefit of	27163
the inhabitants of the island for use as a park, and a board of	27164
park trustees has been provided for the control of the park, the	27165
board of township trustees may create a tax district of the island	27166
to raise funds by taxation as provided under divisions (A) and (B)	27167
of this section.	27168

(A) For the care and maintenance of parks on the island, the	27169
board of township trustees annually may levy a tax, not to exceed	27170
one mill, upon all the taxable property in the district. The tax	27171
shall be in addition to all other levies authorized by law, and	27172
subject to no limitation on tax rates except as provided in this	27173
division.	27174

The proceeds of the tax levy shall be expended by the board	27175
of township trustees for the purpose of the care and maintenance	27176
of the parks, and shall be paid out of the township treasury upon	27177
the orders of the board of park trustees.	27178

(B) For the purpose of acquiring additional land for use as a	27179
park, the board of township trustees may levy a tax in excess of	27180
the ten-mill limitation on all taxable property in the district.	27181
The tax shall be proposed by resolution adopted by two-thirds of	27182
the members of the board of township trustees. The resolution	27183
shall specify the purpose and rate of the tax and the number of	27184
years the tax will be levied, which shall not exceed five years,	27185
and which may include a levy on the current tax list and	27186
duplicate. The resolution shall go into immediate effect upon its	27187
passage, and no publication of the resolution is necessary other	27188
than that provided for in the notice of election. The board of	27189
township trustees shall certify a copy of the resolution to the	27190
proper board of elections not later than ninety days before the	27191
primary or general election in the township, and the board of	27192
elections shall submit the question of the tax to the voters of	27193
the district at the succeeding primary or general election. The	27194
board of elections shall make the necessary arrangements for the	27195
submission of the question to the electors of the district, and	27196
the election shall be conducted, canvassed, and certified in the	27197
same manner as regular elections in the township for the election	27198
of officers. Notice of the election shall be published in a	27199
newspaper of general circulation in the township once a week for	27200
two consecutive weeks, or as provided in section 7.16 of the	27201
Revised Code prior to the election ~~and, if~~. If the board of	27202
elections operates and maintains a web site, notice of the	27203
election also shall be posted on that web site for thirty days	27204
prior to the election. The notice shall state the purpose of the	27205
tax, the proposed rate of the tax expressed in dollars and cents	27206
for each one hundred dollars of valuation and mills for each one	27207
dollar of valuation, the number of years the tax will be in	27208
effect, the first year the tax will be levied, and the time and	27209
place of the election.	27210

The form of the ballots cast at an election held under this	27211
division shall be as follows:	27212

"An additional tax for the benefit of ......... (name of the	27213
township) for the purpose of acquiring additional park land at a	27214
rate of ......... mills for each one dollar of valuation, which	27215
amounts to ........ (rate expressed in dollars and cents) for each	27216
one hundred dollars of valuation, for ......... (number of years	27217
the levy is to run) beginning in ........... (first year the tax	27218
will be levied).	27219

27220

		FOR THE TAX LEVY			27221
		AGAINST THE TAX LEVY	"		27222

27223

The question shall be submitted as a separate proposition but	27224
may be printed on the same ballot with any other proposition	27225
submitted at the same election other than the election of	27226
officers. More than one such question may be submitted at the same	27227
election.	27228

If the levy is approved by a majority of electors voting on	27229
the question, the board of elections shall certify the result of	27230
the election to the tax commissioner. In the first year of the	27231
levy, the tax shall be extended on the tax lists after the	27232
February settlement following the election. If the tax is to be	27233
placed on the tax lists of the current year as specified in the	27234
resolution, the board of elections shall certify the result of the	27235
election immediately after the canvass to the board of township	27236
trustees, which shall forthwith make the necessary levy and	27237
certify the levy to the county auditor, who shall extend the levy	27238
on the tax lists for collection. After the first year of the levy,	27239
the levy shall be included in the annual tax budget that is	27240
certified to the county budget commission.	27241

Sec. 513.14. The board of elections shall advertise the	27242
proposed tax levy question mentioned in section 513.13 of the	27243
Revised Code in ~~two newspapers of opposite political faith, if two~~	27244
~~such newspapers are published in the joint township hospital~~	27245
~~district, or otherwise in one~~a newspaper~~, published or~~ of general	27246
circulation in the proposed township hospital district, once a	27247
week for two consecutive weeks, or as provided in section 7.16 of	27248
the Revised Code, prior to the election ~~and, if~~. If the board	27249
operates and maintains a web site, the board also shall advertise	27250
that proposed tax levy question on its web site for thirty days	27251
prior to the election.	27252

Sec. 515.01. The board of township trustees may provide	27253
artificial lights for any road, highway, public place, or building	27254
under its supervision or control, or for any territory within the	27255
township and outside the boundaries of any municipal corporation,	27256
when the board determines that the public safety or welfare	27257
requires that the road, highway, public place, building, or	27258
territory shall be lighted. The lighting may be procured either by	27259
the township installing a lighting system or by contracting with	27260
any person or corporation to furnish lights.	27261

If lights are furnished under contract, the contract may	27262
provide that the equipment employed may be owned by the township	27263
or by the person or corporation supplying the lights.	27264

If the board determines to procure lighting by contract and	27265
the total estimated cost of the contract exceeds ~~twenty-five~~fifty	27266
thousand dollars, the board shall prepare plans and specifications	27267
for the lighting equipment and shall, for two weeks, advertise for	27268
bids for furnishing the lighting equipment, either by posting the	27269
advertisement in three conspicuous places in the township or by	27270
publication of the advertisement once a week, for two consecutive	27271
weeks, in a newspaper of general circulation in the township. Any	27272
such contract for lighting shall be made with the lowest and best	27273
bidder.	27274

The board may also cause notice to be inserted in trade	27275
papers or other publications designated by it or to be distributed	27276
by electronic means, including posting the notice on the board's	27277
internet web site. If the board posts the notice on its web site,	27278
it may eliminate the second notice otherwise required to be	27279
published in a newspaper of general circulation in the township,	27280
provided that the first notice published in such newspaper meets	27281
all of the following requirements:	27282

(A) It is published at least two weeks before the opening of	27283
bids.	27284

(B) It includes a statement that the notice is posted on the	27285
board's internet web site.	27286

(C) It includes the internet address of the board's internet	27287
web site.	27288

(D) It includes instructions describing how the notice may be	27289
accessed on the board's internet web site.	27290

No lighting contract awarded by the board shall be made to	27291
cover a period of more than twenty years. The cost of installing	27292
and operating any lighting system or any light furnished under	27293
contract shall be paid from the general fund of the township	27294
treasury.	27295

Sec. 515.04. The township fiscal officer shall fix a day,	27296
not more than thirty days from the date of notice to the board of	27297
township trustees, for the hearing of the petition authorized by	27298
section 515.02 or 515.16 of the Revised Code. The township fiscal	27299
officer or the fiscal officer's designee shall prepare and deliver	27300
to any of the petitioners a notice in writing directed to the lot	27301
and land owners and to the corporations, either public or private,	27302
affected by the improvement. The notice shall set forth the	27303
substance, pendency, and prayer of the petition and the time and	27304
place of the hearing on it.	27305

A copy of the notice shall be served upon each lot or land	27306
owner or left at the lot or land owner's usual place of residence,	27307
and upon an officer or agent of each corporation having its place	27308
of business in the district or area, at least fifteen days before	27309
the date set for the hearing. On or before the day of the hearing,	27310
the person serving the notice shall make return on it, under oath,	27311
of the time and manner of service and shall file the return with	27312
the township fiscal officer.	27313

The township fiscal officer or the fiscal officer's designee	27314
shall give the notice to each nonresident lot or land owner, by	27315
publication once, in a newspaper ~~published in and~~ of general	27316
circulation in the county in which the district or area is	27317
situated, at least two weeks before the day set for hearing. The	27318
notice shall be verified by affidavit of the printer or other	27319
person knowing the fact and shall be filed with the township	27320
fiscal officer or the fiscal officer's designee on or before the	27321
day of hearing. No further notice of the petition or the	27322
proceedings under it shall thereafter be required.	27323

Sec. 515.07. If the total estimated cost of any lighting	27324
improvement provided for in section 515.06 of the Revised Code is	27325
~~twenty-five~~fifty thousand dollars or less, the contract may be	27326
let without competitive bidding. When competitive bidding is	27327
required, the board of township trustees shall post, in three of	27328
the most conspicuous public places in the district, a notice	27329
specifying the number, candle power, and location of lights and	27330
the kind of supports for the lights as provided by section 515.06	27331
of the Revised Code, as well as the time, which shall not be less	27332
than thirty days from the posting of the notices, and the place	27333
the board will receive bids to furnish the lights. The board shall	27334
accept the lowest and best bid, if the successful bidder meets the	27335
requirements of section 153.54 of the Revised Code. The board may	27336
reject all bids.	27337

Sec. 517.06. The board of township trustees shall have the	27338
cemetery laid out in lots, avenues, and paths, shall number the	27339
lots, and shall have a suitable plat of the lots made, which plat	27340
shall be carefully kept by the township fiscal officer. The board	27341
shall make and enforce all needful rules and regulations for the	27342
division of the cemetery into lots, for the allotment of lots to	27343
families or individuals, and for the care, supervision, and	27344
improvement of the lots. The board also may make and enforce all	27345
needful rules and regulations for burial, interment, reinterment,	27346
or disinterment. The board shall require the grass and weeds in	27347
the cemetery to be cut and destroyed at least twice each year.	27348
Suitable provision shall be made in the cemetery for persons whose	27349
burial is at the expense of the township.	27350

Sec. 517.12. The board of township trustees may make rules	27351
specifying the times when cemeteries under its control shall be	27352
closed to the public. The board shall cause the rules to be	27353
published once a week for two consecutive weeks in a newspaper of	27354
general circulation within the township or as provided in section	27355
7.16 of the Revised Code, and may post appropriate notice in the	27356
township as considered necessary.	27357

The purposes of such rules shall be to assure a reasonable	27358
time of access to the cemeteries in view of the differences in	27359
attendance anticipated from past experience as to each, to exclude	27360
attendance at times when no proper purposes could normally be	27361
expected, to permit exceptions to the normal hours of access on	27362
reasonable request with adequate reason provided, and to	27363
facilitate the task of protecting the premises from vandalism,	27364
desecration, and other improper usage.	27365

Whoever violates these rules is guilty of a minor	27366
misdemeanor.	27367

Sec. 517.22. The board of township trustees or the trustees	27368
or directors of a cemetery association, after notice has first	27369
been given in ~~two newspapers~~a newspaper of general circulation in	27370
the county, may dispose of, at public sale, and convey any	27371
cemetery under their control that they have determined to	27372
discontinue as burial grounds, but possession of the cemetery	27373
shall not be given to a grantee until after the remains buried in	27374
that cemetery, together with stones and monuments, have been	27375
removed as provided by section 517.21 of the Revised Code.	27376

Sec. 521.03. On receiving a petition filed under section	27377
521.02 of the Revised Code, or at the request of the board of	27378
township trustees, the township fiscal officer shall fix a time,	27379
not more than thirty days after the date of giving notice of the	27380
filing to the board or the date of receiving the request from the	27381
board, and place for a hearing on the issue of repair or	27382
maintenance of the tiles. The township fiscal officer shall	27383
prepare a notice in writing directed to the lot and land owners	27384
and to the corporations, either public or private, affected by the	27385
improvement. The notice shall set forth the substance of the	27386
petition or board request, and the time and place of the hearing	27387
on it.	27388

If the hearing is to be held in response to a petition, the	27389
township fiscal officer shall deliver a copy of the notice to any	27390
of the petitioners, who shall see that the notice is served on	27391
each lot or land owner or left at the lot or land owner's usual	27392
place of residence, and served on an officer or agent of each	27393
corporation affected by the improvement, at least fifteen days	27394
before the date set for the hearing. If the hearing is to be held	27395
at the request of the board, the board shall see that the notice	27396
is so served. On or before the day of the hearing, the person	27397
serving the notice shall certify, under oath, the time and manner	27398
of service, and shall file this certification with the township	27399
fiscal officer.	27400

The township fiscal officer shall give notice of the hearing	27401
to each nonresident lot or land owner, by publication once, in a	27402
newspaper ~~published in and~~ of general circulation in the county in	27403
which the township is situated, at least two weeks before the day	27404
set for the hearing. This notice shall be verified by affidavit of	27405
the printer or other person knowing the fact, and shall be filed	27406
with the township fiscal officer on or before the day of the	27407
hearing. No further notice of the petition or the proceedings	27408
under it shall thereafter be required.	27409

Sec. 521.05. (A) If the total estimated cost of any	27410
improvement provided for in section 521.04 of the Revised Code is	27411
~~twenty-five~~fifty thousand dollars or less, the contract may be	27412
let without competitive bidding. When competitive bidding is	27413
required, the board of township trustees shall post, in three of	27414
the most conspicuous public places in the township, a notice	27415
specifying the improvement to be made and the time, which shall be	27416
at least thirty days after the posting of the notices, and the	27417
place the board will receive bids to make the improvement. The	27418
board shall accept the lowest and best bid, if the successful	27419
bidder meets the requirements of section 153.54 of the Revised	27420
Code. The board may reject all bids.	27421

(B) On accepting a bid, the board shall enter into a contract	27422
with the successful bidder for making the improvement according to	27423
specifications. The contract shall not be for a term longer than	27424
ten years.	27425

Sec. 523.01. The territory of one or more townships may be	27426
merged with that of a contiguous township to create a new	27427
township, in the manner provided under this chapter. The new	27428
township shall have all of, and only, the rights, powers, and	27429
responsibilities afforded by law to townships.	27430

Sec. 523.02. (A) A resolution for a merger under this	27431
chapter may be proposed by initiative petition by the electors of	27432
each township being proposed for merger, and adopted by election	27433
by these electors under the same circumstances, in the same	27434
manner, and subject to the same penalties as provided by sections	27435
731.28 to 731.40 and 731.99 of the Revised Code for municipal	27436
corporations, except that all of the following apply:	27437

(1) Each board of township trustees shall perform the duties	27438
imposed on the legislative authority of the municipal corporation	27439
under those sections;	27440

(2) Initiative petitions shall be filed with the township	27441
fiscal officer of each township proposed for merger, who shall	27442
perform the duties imposed under those sections upon the city	27443
auditor or village clerk;	27444

(3) Initiative petitions shall contain the signatures of not	27445
less than ten per cent of the total number of electors in a	27446
township proposed for merger who voted for the office of governor	27447
at the most recent general election in the township for that	27448
office;	27449

(4) Each signer of an initiative petition shall be an elector	27450
of the township in which the election on the proposed resolution	27451
is to be held.	27452

(B) The merger shall take effect one hundred twenty days	27453
after certification by the board or boards of elections that the	27454
merger has been approved by the electors of each township proposed	27455
for merger.	27456

Sec. 523.03. (A) The boards of township trustees of two or	27457
more townships, by adopting resolutions by unanimous vote of the	27458
board of township trustees of each township, may cause the	27459
appropriate board of elections for each township to submit to the	27460
electors of each township the question of merger under section	27461
523.01 of the Revised Code. The question shall be voted upon at	27462
the next general election occurring not less than ninety days	27463
after the certification of the resolutions to the appropriate	27464
board of elections.	27465

(B) In submitting to the electors of each township the	27466
question of merger, the board of elections shall submit the	27467
question in language substantially as follows:	27468

"Shall the townships of ................ (Names of all of the	27469
townships to be merged) be merged to create the new township of	27470
............... (Name of the new township)?"	27471

(C) The merger shall take effect one hundred twenty days	27472
after certification by the board or boards of elections that the	27473
merger has been approved by the electors of each township proposed	27474
for merger.	27475

Sec. 523.04. (A) Within one hundred twenty days after	27476
approval of the merger by the electors under section 523.02 or	27477
523.03 of the Revised Code, each board of township trustees of the	27478
townships merged, by adopting a joint resolution approved by a	27479
majority of the members of each board, shall enter into a merger	27480
agreement that contains the specific terms and conditions of the	27481
merger. At a minimum, the merger agreement shall set forth all of	27482
the following:	27483

(1) The names of the former townships that were merged;

27484

(2) The name of the new township;

27485

(3) The place in which the principal office of the new	27486
township will be located or the manner in which it may be	27487
selected;	27488

(4) The territorial boundaries of the new township;

27489

(5) The date on which the merger took effect;

27490

(6) The governmental operations and organization for the new	27491
township, including a plan for electing officers at the next	27492
general election that is held not later than ninety days after the	27493
merger agreement is finalized;	27494

(7) A procedure for the efficient and timely transition of	27495
specific services, functions, and responsibilities from each	27496
township and its respective offices to the new township;	27497

(8) Terms for the disposition of the assets and property of	27498
each township, if necessary;	27499

(9) The liquidation of existing indebtedness for each	27500
township, if necessary;	27501

(10) A plan for the common administration and enforcement of	27502
resolutions of the townships merged, to be enforced uniformly	27503
within the new township;	27504

(11) A provision that specifies whether there will be any	27505
zoning changes as a result of the merger, if applicable;	27506

(12) A plan to conform the boundaries of an existing special	27507
purpose district with the new township, to dissolve the special	27508
purpose district, or to absorb the special purpose district into	27509
the new township. As used in this division, "special purpose	27510
district" has the meaning in division (F) of section 523.06 of the	27511
Revised Code.	27512

(B) A copy of the joint resolution and the merger agreement	27513
adopted under this section shall be filed with the township fiscal	27514
officer of the new township. The merger agreement shall take	27515
effect on the day on which such filing is made.	27516

(C) If no merger agreement, or if only a partial merger	27517
agreement, is entered into within the time period prescribed by	27518
division (A) of this section, the new township shall comply with	27519
and operate under a merger agreement that contains the terms and	27520
conditions required by section 523.06 of the Revised Code.	27521

Sec. 523.05. (A) A new township created under this chapter	27522
shall succeed to the following interests of each township merged:	27523

(1) All money, taxes, and special assessments, whether in the	27524
township treasury or in the process of collection;	27525

(2) All property and interests in property, whether real or	27526
personal;	27527

(3) All rights and interests in contracts, or in securities,	27528
bonds, notes, or other instruments;	27529

(4) All accounts receivable and rights of action;

27530

(5) All other matters not included in this section that are	27531
not addressed in the merger agreement.	27532

(B) A new township created under this chapter is legally	27533
obligated for all outstanding franchises, contracts, debts, and	27534
other legally binding obligations for each township merged into	27535
the new township. A new township created under this chapter is	27536
legally responsible for maintaining, defending, or otherwise	27537
resolving any and all legal claims or actions of each township	27538
merged into the new township.	27539

Sec. 523.06. If a merger agreement is entered into as	27540
required by section 523.04 of the Revised Code, this section does	27541
not apply. If a merger agreement is not entered into under section	27542
523.04 of the Revised Code, the merger agreement shall contain all	27543
of the terms and conditions specified in this section. If a	27544
partial merger agreement is entered into under section 523.04 of	27545
the Revised Code, this section applies only to the extent any term	27546
or condition that is required by section 523.04 of the Revised	27547
Code to be addressed in the merger agreement is not addressed	27548
therein.	27549

The terms and conditions of a merger agreement to which this	27550
section applies shall be as follows:	27551

(A) All members of each board of township trustees shall	27552
serve as board members of the new township. At the first general	27553
election for township officers occurring not less than ninety days	27554
after a merger is approved, the electors of the new township shall	27555
elect three township trustees with staggered terms of office. The	27556
first terms of office following the election shall be modified to	27557
an even number of years not to exceed four to allow subsequent	27558
elections for the office to be held in the same year as other	27559
township officers.	27560

(B) The township fiscal officer of the largest township, by	27561
population, shall be the township fiscal officer for the new	27562
township. At the first general election for township officers	27563
occurring not less than ninety days after the merger, the electors	27564
shall elect a township fiscal officer, whose first term of office	27565
shall be modified to an even number of years not to exceed four to	27566
allow subsequent elections for that office to be held in the same	27567
year as other township fiscal officers.	27568

(C) Voted property tax levies shall remain in effect for the	27569
parcels of real property to which they applied prior to the	27570
merger, and the merger shall not affect the proceeds of a tax levy	27571
pledged for the retirement of any debt obligation. Upon expiration	27572
of a property tax levy, the levy may only be replaced or renewed	27573
by vote of the electors in the manner provided by law, to apply to	27574
real property within the boundaries of the new township. If the	27575
millage levied inside the ten-mill limitation of each township	27576
merged is different, the board of township trustees of the new	27577
township shall immediately equalize the millage for the entire new	27578
township.	27579

(D) For purposes of the retirement of all debt obligations of	27580
each township merged, the township fiscal officer shall continue	27581
to track parcels of real property and the tax revenue generated on	27582
those parcels by the tax districts that were in place prior to the	27583
merger, and shall provide that information on an annual basis to	27584
the board of township trustees of the new township. Debt	27585
obligations that existed at the time of the merger shall be	27586
retired from the revenue generated from the parcels of real	27587
property that made up the township that incurred the debt before	27588
the merger.	27589

(E)(1) With respect to any agreement entered into under	27590
Chapter 4117. of the Revised Code that covers any of the employees	27591
of the townships merged under this chapter, the state employment	27592
relations board, within one hundred twenty days after the date the	27593
merger is approved, shall designate the appropriate bargaining	27594
units for the employees of the new township in accordance with	27595
section 4117.06 of the Revised Code. Notwithstanding the	27596
recognition procedures prescribed in section 4117.05 and division	27597
(A) of section 4117.07 of the Revised Code, the board shall	27598
conduct a representation election with respect to each bargaining	27599
unit designated under this division in accordance with divisions	27600
(B) and (C) of section 4117.07 of the Revised Code. If an	27601
exclusive representative is selected through this election, the	27602
exclusive representative shall negotiate and enter into an	27603
agreement with the new township in accordance with Chapter 4117.	27604
of the Revised Code. Until the parties reach an agreement, any	27605
agreement in effect on the date of the merger shall apply to the	27606
employees that were in the bargaining unit that is covered by the	27607
agreement. An agreement in existence on the date of the merger is	27608
terminated on the effective date of an agreement negotiated under	27609
this division.	27610

(2) If an exclusive representative is not selected, any	27611
agreement in effect on the date of the merger shall apply to the	27612
employees that were in the bargaining unit that is covered by the	27613
agreement and shall expire on its terms.	27614

(3) Each agreement entered into under Chapter 4117. of the	27615
Revised Code on or after the effective date of this section	27616
involving a new township shall contain a provision regarding the	27617
designation of an exclusive representative and bargaining units	27618
for the new township as described in division (E) of this section.	27619

(4) In addition to the laws listed in division (A) of section	27620
4117.10 of the Revised Code that prevail over conflicting	27621
agreements between employee organizations and public employers,	27622
division (E) of this section prevails over any conflicting	27623
provisions of agreements between employee organizations and public	27624
employers that are entered into on or after the effective date of	27625
this section pursuant to Chapter 4117. of the Revised Code.	27626

(5) As used in division (E) of this section, "employee	27627
organization" and "exclusive representative" have the same	27628
meanings as in section 4117.01 of the Revised Code.	27629

(F)(1) If the boundaries of the new township are not	27630
coextensive with a special purpose district, the new township	27631
shall remain in the existing special purpose district as a	27632
successor to the original township, unless the special purpose	27633
district is dissolved. The board of township trustees of the new	27634
township may place a question on the ballot at the next general	27635
election held after the merger to conform the boundaries, dissolve	27636
the special purpose district, or absorb the special purpose	27637
district into the new township on the terms specified in the	27638
resolution that places the question on the ballot for approval of	27639
the electors of the new township.	27640

(2) As used in division (F) of this section, "special purpose	27641
district" means any geographic or political jurisdiction that is	27642
created under law by a township merged.	27643

(G) Zoning codes that existed at the time of the merger shall	27644
remain in effect after the merger, and the townships that existed	27645
before the merger shall be treated as administrative districts	27646
within the new township for the purposes of zoning.	27647

Sec. 523.09. If a merger is disapproved by a majority of	27648
those voting on it in the townships proposed to be merged, an	27649
identical merger shall not be considered for at least three years	27650
after the date of the disapproval.	27651

Sec. 705.16. (A) All ordinances or resolutions shall be in	27652
effect after thirty days from the date of their passage, except as	27653
provided in section 705.75 of the Revised Code.	27654

(B) ~~Notwithstanding any conflicting provision of section 7.12~~	27655
~~of the Revised Code,~~A succinct summary of each ordinance and	27656
resolution of a general nature, or providing for public	27657
improvements, or assessing property~~, or a succinct summary of each~~	27658
~~such ordinance or resolution,~~ shall, upon passage of the ordinance	27659
or resolution, be promptly published one time in ~~not more than two~~	27660
~~newspapers~~a newspaper of general circulation in the municipal	27661
corporation. Such publication shall be made in the body type of	27662
the paper under headlines in eighteen point type, which headlines	27663
shall specify the nature of such legislation. ~~If a summary of an~~	27664
~~ordinance or resolution is published, the~~The publication shall	27665
contain notice that the complete text of each such ordinance or	27666
resolution may be obtained or viewed at the office of the clerk of	27667
the legislative authority of the municipal corporation and may be	27668
viewed at any other location designated by the legislative	27669
authority of the municipal corporation. The city director of law,	27670
village solicitor, or other chief legal officer of the municipal	27671
corporation shall review ~~any~~the summary of an ordinance or	27672
resolution published under this section prior to forwarding it to	27673
the clerk for publication, to ensure that the summary is legally	27674
accurate and sufficient.	27675

(C) Upon publication of a summary of an ordinance or	27676
resolution in accordance with this section, the clerk of the	27677
legislative authority shall supply a copy of the complete text of	27678
each such ordinance or resolution to any person, upon request, and	27679
may charge a reasonable fee, set by the legislative authority, for	27680
each copy supplied. The clerk shall post a copy of the text at ~~his~~	27681
the clerk's office and at every other location designated by the	27682
legislative authority.	27683

(D) No newspaper shall be paid a higher price for the	27684
publication of summaries of ordinances than its ~~maximum bona fide~~	27685
~~commercial~~government rate established under section 7.10 of the	27686
Revised Code.	27687

Sec. 709.43. As used in sections 709.43 to 709.48 of the	27688
Revised Code, "merger" means the annexation, one to another, of	27689
existing municipal corporations or of the unincorporated area of a	27690
township with one or more municipal corporations, or the merger of	27691
one or more municipal corporations with the unincorporated area of	27692
a township.	27693

Sec. 709.44. The territory of one or more municipal	27694
corporations, whether or not adjacent to one another, may be	27695
merged with that of an adjacent municipal corporation, and the	27696
unincorporated area of a township may be merged with one or more	27697
municipal corporations, or one or more municipal corporations,	27698
whether or not adjacent to one another, may be merged with that of	27699
an adjacent unincorporated area of a township, in the manner	27700
provided in sections 709.43 to 709.48 of the Revised Code.	27701

Sec. 709.451. (A) In lieu of filing a petition under section	27702
709.45 of the Revised Code, if the legislative authorities of each	27703
political subdivision that may be merged as provided in section	27704
709.44 of the Revised Code agree to a merger and adopt, by a	27705
two-thirds vote of each legislative authority, an ordinance or	27706
resolution approving a merger, no election of a commission to draw	27707
up a statement of conditions for merger of the political	27708
subdivisions shall be held. Instead, the legislative authorities	27709
of those political subdivisions shall have one hundred twenty days	27710
to enter into a merger agreement that specifies the conditions of	27711
the proposed merger, in identical ordinances or a resolution	27712
adopted by a simple majority vote of each legislative authority.	27713
At a minimum, the proposed merger agreement shall include all of	27714
the following:	27715

(1) The names of the municipal corporations and township, if	27716
any, agreeing to the merger;	27717

(2) The territorial boundaries of the resulting municipal	27718
corporation or township;	27719

(3) The date that the merger will take effect;

27720

(4) A procedure for the efficient and timely transition to	27721
the resulting municipal corporation or township of specified	27722
services, functions, and responsibilities from each municipal	27723
corporation or township and its respective departments and	27724
agencies;	27725

(5) A transition plan and schedule.

27726

(B) The merger shall become effective on the one hundred	27727
twentieth day after the adoption of the last ordinance or	27728
resolution supporting the proposed merger unless, prior to the	27729
expiration of the one hundred twenty-day period, a referendum	27730
petition is filed under division (C) of this section.	27731

(C)(1) A qualified elector of a municipal corporation or	27732
township proposed for merger, not later than one hundred twenty	27733
days after the last ordinance or resolution is adopted under	27734
division (B) of this section, may present to the legislative	27735
authority of that municipal corporation or township a referendum	27736
petition, signed by a number of qualified electors residing in the	27737
municipal corporation or township, equal in number to not less	27738
than ten per cent of the total vote cast in the municipal	27739
corporation or township for governor at the most recent general	27740
election at which a governor was elected, requesting the	27741
legislative authority to submit the question of the merger to the	27742
electors of the municipal corporation or township for approval or	27743
rejection at a special election to be held on the day of the next	27744
primary or general election occurring at least ninety days after	27745
the petition is submitted. The referendum petition shall be	27746
governed by section 3501.38 of the Revised Code.	27747

(2) The referendum petition shall be filed with the clerk of	27748
the legislative authority of the municipal corporation that is the	27749
subject of the petition and the township clerk of the township	27750
that is the subject of the petition. The person presenting the	27751
petition shall be given a receipt containing the time of the day,	27752
the date, and the purpose of the petition. The clerk shall cause	27753
the appropriate board of elections to check the sufficiency of	27754
signatures on the referendum petition and if the signatures are	27755
found to be sufficient, shall present the petition to the	27756
legislative authority at a meeting of the legislative authority	27757
that occurs not later than thirty days following the filing of the	27758
petition.	27759

(3) Upon presentation to the legislative authority of a	27760
referendum petition, the legislative authority shall promptly	27761
certify the petition to the board of elections for the purpose of	27762
having the question of the merger placed on the ballot at a	27763
special election to be held on the day of the next general or	27764
primary election that occurs not less than ninety days after the	27765
date of the meeting of the legislative authority, the date of	27766
which shall be specified in the certification.	27767

(4) Signatures on a referendum petition may be withdrawn up	27768
to and including the meeting of the legislative authority	27769
certifying the proposal to the appropriate board of elections.	27770

(5) Upon certification of the referendum petition to the	27771
appropriate board of elections, the board of elections shall make	27772
the necessary arrangements for the submission of the question of	27773
merger to the qualified electors of the municipal corporation or	27774
township proposed for merger that is the subject of the petition.	27775
The election shall be conducted, canvassed, and certified in the	27776
same manner as regular elections in the municipal corporation or	27777
township for the election of officers. Notice of the election	27778
shall be published in a newspaper of general circulation in the	27779
municipal corporation or township once a week for two consecutive	27780
weeks prior to the election. If the board of elections operates	27781
and maintains a web site, the board shall post notice of the	27782
election on the web site for thirty days prior to the election.	27783
The notice shall state the necessity for merger, the municipal	27784
corporations and township, if any, that are proposed for merger,	27785
the boundaries of the entity created as the result of the merger,	27786
and the time and place of the election. The form of the ballots	27787
cast at the election shall read as follows:	27788

"Shall the municipal corporations or township of	27789
................. (Names of all municipal corporations or of the	27790
township to be merged) be merged into the ............ (municipal	27791
corporation or township) of ............ (Name of the municipal	27792
corporation or township into which the municipal corporations or	27793
township are to be merged), as provided in section 709.44 of the	27794
Revised Code?"	27795

(6) No merger for which a referendum vote has been requested	27796
shall be put into effect unless a majority of the votes cast on	27797
the issue in the municipal corporation or township that is the	27798
subject of the referendum petition is in favor of the merger. Upon	27799
certification by the board of elections that the merger has been	27800
approved by the electors, the merger shall take immediate effect.	27801

(D) On the effective date of the merger, a municipal	27802
corporation merging into a township only has the rights, powers,	27803
and responsibilities afforded by law to townships, and all other	27804
authority ceases to exist.	27805

(E) If an existing charter of a municipal corporation	27806
proposed for merger under this section conflicts with the	27807
processes and procedures specified in this section, the processes	27808
and procedures for merger addressed in the municipal corporation's	27809
charter apply.	27810

Sec. 709.452. (A) The legislative authority of each	27811
municipal corporation or township proposed for merger as provided	27812
in section 709.44 of the Revised Code that adopts a merger	27813
agreement under section 709.451 of the Revised Code may submit the	27814
question of merger to the electors of the municipal corporations	27815
and township proposed for merger. The legislative authorities may	27816
certify the ordinances or resolution that adopted the merger	27817
agreement to the board or boards of elections, if the territory	27818
proposed for merger is located in more than one county, directing	27819
the submission of the question of merger to the electors of the	27820
municipal corporations and township proposed for merger at a	27821
special election to be held on the day of the next primary or	27822
general election in the county or counties that occurs not less	27823
than ninety days after the ordinances or resolution are certified	27824
to the board or boards of elections. The question shall be put on	27825
the ballot and voted upon, separately, in each municipal	27826
corporation or township proposed for merger.	27827

(B) The ordinances or resolution specifying the merger	27828
conditions agreed to by the municipal corporations and township	27829
proposed for merger shall be posted on the web sites of those	27830
municipal corporations and township, and shall be published in a	27831
newspaper of general circulation in the municipal corporations and	27832
township once a week for two consecutive weeks prior to the	27833
election.	27834

(C) If the merger is approved by a majority of those voting	27835
on it in each municipal corporation or township proposed to be	27836
merged, the merger agreement shall take immediate effect.	27837

(D) If an existing charter of a municipal corporation	27838
proposed for merger under this section conflicts with the	27839
processes and procedures specified in this section, the processes	27840
and procedures for merger addressed in the municipal corporation's	27841
charter apply.	27842

Sec. 711.35. Upon the filing of the application provided for	27843
in section 711.34 of the Revised Code, the county auditor shall	27844
give notice of the filing, by publication, for two consecutive	27845
weeks in a newspaper ~~published and~~ of general circulation in the	27846
county~~, of the filing thereof, and~~or as provided in section 7.16	27847
of the Revised Code. The county auditor shall also notify the	27848
board of county commissioners of such filing.	27849

Sec. 715.011. Each municipal corporation may lease for a	27850
period not to exceed forty years, pursuant to a contract providing	27851
for the construction thereof under a lease-purchase plan,	27852
buildings, structures, and other improvements for any authorized	27853
municipal purpose, and in conjunction therewith, may grant leases,	27854
easements, or licenses for lands under the control of the	27855
municipal corporation for a period not to exceed forty years. The	27856
lease shall provide that at the end of the lease period the	27857
buildings, structures, and related improvements together with the	27858
land on which they are situate shall become the property of the	27859
municipal corporation without cost.	27860

Whenever any building, structure, or other improvement is to	27861
be so leased by a municipal corporation, the appropriate	27862
contracting officer of the municipal corporation shall file with	27863
the clerk of the council such basic plans, specifications, bills	27864
of materials, and estimates of cost with sufficient detail to	27865
afford bidders all needed information, or alternatively, shall	27866
file the following plans, details, bills of materials, and	27867
specifications:	27868

(A) Full and accurate plans, suitable for the use of	27869
mechanics and other builders in such construction, improvement,	27870
addition, alteration, or installation;	27871

(B) Details to scale and full sized, so drawn and represented	27872
as to be easily understood;	27873

(C) Accurate bills showing the exact quantity of different	27874
kinds of material necessary to the construction;	27875

(D) Definite and complete specifications of the work to be	27876
performed, together with such directions as will enable a	27877
competent mechanic or other builder to carry them out and afford	27878
bidders all needed information;	27879

(E) A full and accurate estimate of each item of expense and	27880
of the aggregate cost thereof.	27881

The council of the municipal corporation shall give public	27882
notice, in ~~the~~a newspaper of general circulation in the municipal	27883
corporation, and in the form and with the phraseology as the	27884
council orders, published once each week for four consecutive	27885
weeks or as provided in section 7.16 of the Revised Code, of the	27886
time and place, when and where bids will be received for entering	27887
into an agreement to lease to the municipal corporation a	27888
building, structure, or other improvement, the last publication to	27889
be at least eight days preceding the day for opening the bids. The	27890
bids shall contain the terms upon which the builder would propose	27891
to lease the building, structure, or other improvement to the	27892
municipal corporation. The form of the bid approved by the council	27893
of the municipal corporation shall be used and a bid shall be	27894
invalid and not considered unless such form is used without	27895
change, alteration, or addition. Before submitting bids pursuant	27896
to this section, any builder shall have complied with sections	27897
153.50 to 153.52 of the Revised Code.	27898

On the day and at the place named for receiving bids for	27899
entering into lease agreements with the municipal corporation, the	27900
appropriate contracting officer of the municipal corporation shall	27901
open the bids, and shall publicly proceed immediately to tabulate	27902
the bids upon triplicate sheets, one of each of which sheets shall	27903
be filed with the clerk of the council. No lease agreement shall	27904
be entered into until the bureau of workers' compensation has	27905
certified that the corporation, partnership, or person to be	27906
awarded the lease agreement has complied with Chapter 4123. of the	27907
Revised Code, and until, if the builder submitting the lowest and	27908
best bid is a foreign corporation, the secretary of state has	27909
certified that the corporation is authorized to do business in	27910
this state, and until, if the builder submitting the lowest and	27911
best bid is a person or partnership nonresident of this state, the	27912
person or partnership has filed with the secretary of state a	27913
power of attorney designating the secretary of state as its agent	27914
for the purpose of accepting service of summons in any action	27915
brought under Chapter 4123. of the Revised Code, and until the	27916
agreement is submitted to the village solicitor or city director	27917
of law of the municipal corporation and ~~his~~the solicitor's or	27918
director's approval is certified thereon. Within thirty days after	27919
the day on which the bids are received, the council shall	27920
investigate the bids received and shall determine that the bureau	27921
and the secretary of state have made the certifications required	27922
by this section of the builder who has submitted the lowest and	27923
best bid. Within ten days of the completion of the investigation	27924
of the bids the council may award the lease agreement to the	27925
builder who has submitted the lowest and best bid and who has been	27926
certified by the bureau and secretary of state as required by this	27927
section. If bidding for the lease agreement has been conducted	27928
upon the basis of basic plans, specifications, bills of materials,	27929
and estimates of costs, upon the award to the builder, the	27930
council, or the builder with the approval of the council, shall	27931
appoint an architect or engineer licensed in this state to prepare	27932
such further detailed plans, specifications, and bills of	27933
materials as are required to construct the building, structure, or	27934
improvement.	27935

The council may reject any bid. Where there is reason to	27936
believe there is collusion or combination among bidders, the bids	27937
of those concerned therein shall be rejected.	27938

Sec. 715.47. A municipal corporation may fill or drain any	27939
lot or land within its limits on which water at any time becomes	27940
stagnant, remove all putrid substances from any lot, and remove	27941
all obstructions from culverts, covered drains, or private	27942
property, laid in any natural watercourse, creek, brook, or	27943
branch, which obstruct the water naturally flowing therein,	27944
causing it to flow back or become stagnant, in a way prejudicial	27945
to the health, comfort, or convenience of any of the citizens of	27946
the neighborhood. If such culverts or drains are of insufficient	27947
capacity, the municipal corporation may make them of such capacity	27948
as reasonably to accommodate the flow of such water at all times.	27949
The legislative authority of such municipal corporation may, by	27950
resolution, direct the owner to fill or drain such lot, remove	27951
such putrid substance or such obstructions, and if necessary,	27952
enlarge such culverts or covered drains to meet the requirements	27953
thereof.	27954

After service of a copy of such resolution, or after a	27955
publication thereof, in a newspaper of general circulation in such	27956
municipal corporation or as provided in section 7.16 of the	27957
Revised Code, for two consecutive weeks, such owner, or ~~his~~such	27958
owner's agent or attorney, shall comply with the directions of the	27959
resolution within the time therein specified.	27960

In case of the failure or refusal of such owner to comply	27961
with the resolution, the work required thereby may be done at the	27962
expense of the municipal corporation, and the amount of money so	27963
expended shall be recovered from the owner before any court of	27964
competent jurisdiction. Such expense from the time of the adoption	27965
of the resolution shall be a lien on such lot, which may be	27966
enforced by suit in the court of common pleas, and like	27967
proceedings may be had as directed in relation to the improvement	27968
of streets.	27969

The officers connected with the health department of every	27970
such municipal corporation shall see that this section is strictly	27971
and promptly enforced.	27972

Sec. 718.01. (A) As used in this chapter:

27973

(1) "Adjusted federal taxable income" means a C corporation's	27974
federal taxable income before net operating losses and special	27975
deductions as determined under the Internal Revenue Code, adjusted	27976
as follows:	27977

(a) Deduct intangible income to the extent included in	27978
federal taxable income. The deduction shall be allowed regardless	27979
of whether the intangible income relates to assets used in a trade	27980
or business or assets held for the production of income.	27981

(b) Add an amount equal to five per cent of intangible income	27982
deducted under division (A)(1)(a) of this section, but excluding	27983
that portion of intangible income directly related to the sale,	27984
exchange, or other disposition of property described in section	27985
1221 of the Internal Revenue Code;	27986

(c) Add any losses allowed as a deduction in the computation	27987
of federal taxable income if the losses directly relate to the	27988
sale, exchange, or other disposition of an asset described in	27989
section 1221 or 1231 of the Internal Revenue Code;	27990

(d)(i) Except as provided in division (A)(1)(d)(ii) of this	27991
section, deduct income and gain included in federal taxable income	27992
to the extent the income and gain directly relate to the sale,	27993
exchange, or other disposition of an asset described in section	27994
1221 or 1231 of the Internal Revenue Code;	27995

(ii) Division (A)(1)(d)(i) of this section does not apply to	27996
the extent the income or gain is income or gain described in	27997
section 1245 or 1250 of the Internal Revenue Code.	27998

(e) Add taxes on or measured by net income allowed as a	27999
deduction in the computation of federal taxable income;	28000

(f) In the case of a real estate investment trust and	28001
regulated investment company, add all amounts with respect to	28002
dividends to, distributions to, or amounts set aside for or	28003
credited to the benefit of investors and allowed as a deduction in	28004
the computation of federal taxable income;	28005

(g) IfDeduct, to the extent not otherwise deducted or	28006
excluded in computing federal taxable income, any income derived	28007
from providing public services under a contract through a project	28008
owned by the state, as described in section 126.604 of the Revised	28009
Code or derived from a transfer agreement or from the enterprise	28010
transferred under that agreement under section 4313.02 of the	28011
Revised Code.	28012

If the taxpayer is not a C corporation and is not an	28013
individual, the taxpayer shall compute adjusted federal taxable	28014
income as if the taxpayer were a C corporation, except:guaranteed	28015

~~(i) Guaranteed~~ payments and other similar amounts paid or	28016
accrued to a partner, former partner, member, or former member	28017
shall not be allowed as a deductible expense; ~~and~~amounts	28018

~~(ii) Amounts~~ paid or accrued to a qualified self-employed	28019
retirement plan with respect to an owner or owner-employee of the	28020
taxpayer, amounts paid or accrued to or for health insurance for	28021
an owner or owner-employee, and amounts paid or accrued to or for	28022
life insurance for an owner or owner-employee shall not be allowed	28023
as a deduction.	28024

Nothing in division (A)(1) of this section shall be construed	28025
as allowing the taxpayer to add or deduct any amount more than	28026
once or shall be construed as allowing any taxpayer to deduct any	28027
amount paid to or accrued for purposes of federal self-employment	28028
tax.	28029

Nothing in this chapter shall be construed as limiting or	28030
removing the ability of any municipal corporation to administer,	28031
audit, and enforce the provisions of its municipal income tax.	28032

(2) "Internal Revenue Code" means the Internal Revenue Code	28033
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.	28034

(3) "Schedule C" means internal revenue service schedule C	28035
filed by a taxpayer pursuant to the Internal Revenue Code.	28036

(4) "Form 2106" means internal revenue service form 2106	28037
filed by a taxpayer pursuant to the Internal Revenue Code.	28038

(5) "Intangible income" means income of any of the following	28039
types: income yield, interest, capital gains, dividends, or other	28040
income arising from the ownership, sale, exchange, or other	28041
disposition of intangible property including, but not limited to,	28042
investments, deposits, money, or credits as those terms are	28043
defined in Chapter 5701. of the Revised Code, and patents,	28044
copyrights, trademarks, tradenames, investments in real estate	28045
investment trusts, investments in regulated investment companies,	28046
and appreciation on deferred compensation. "Intangible income"	28047
does not include prizes, awards, or other income associated with	28048
any lottery winnings or other similar games of chance.	28049

(6) "S corporation" means a corporation that has made an	28050
election under subchapter S of Chapter 1 of Subtitle A of the	28051
Internal Revenue Code for its taxable year.	28052

(7) For taxable years beginning on or after January 1, 2004,	28053
"net profit" for a taxpayer other than an individual means	28054
adjusted federal taxable income and "net profit" for a taxpayer	28055
who is an individual means the individual's profit required to be	28056
reported on schedule C, schedule E, or schedule F, other than any	28057
amount allowed as a deduction under division (E)(2) or (3) of this	28058
section or amounts described in division (H) of this section.	28059

(8) "Taxpayer" means a person subject to a tax on income	28060
levied by a municipal corporation. Except as provided in division	28061
(L) of this section, "taxpayer" does not include any person that	28062
is a disregarded entity or a qualifying subchapter S subsidiary	28063
for federal income tax purposes, but "taxpayer" includes any other	28064
person who owns the disregarded entity or qualifying subchapter S	28065
subsidiary.	28066

(9) "Taxable year" means the corresponding tax reporting	28067
period as prescribed for the taxpayer under the Internal Revenue	28068
Code.	28069

(10) "Tax administrator" means the individual charged with	28070
direct responsibility for administration of a tax on income levied	28071
by a municipal corporation and includes:	28072

(a) The central collection agency and the regional income tax	28073
agency and their successors in interest, and other entities	28074
organized to perform functions similar to those performed by the	28075
central collection agency and the regional income tax agency;	28076

(b) A municipal corporation acting as the agent of another	28077
municipal corporation; and	28078

(c) Persons retained by a municipal corporation to administer	28079
a tax levied by the municipal corporation, but only if the	28080
municipal corporation does not compensate the person in whole or	28081
in part on a contingency basis.	28082

(11) "Person" includes individuals, firms, companies,	28083
business trusts, estates, trusts, partnerships, limited liability	28084
companies, associations, corporations, governmental entities, and	28085
any other entity.	28086

(12) "Schedule E" means internal revenue service schedule E	28087
filed by a taxpayer pursuant to the Internal Revenue Code.	28088

(13) "Schedule F" means internal revenue service schedule F	28089
filed by a taxpayer pursuant to the Internal Revenue Code.	28090

(B) No municipal corporation shall tax income at other than a	28091
uniform rate.	28092

(C) No municipal corporation shall levy a tax on income at a	28093
rate in excess of one per cent without having obtained the	28094
approval of the excess by a majority of the electors of the	28095
municipality voting on the question at a general, primary, or	28096
special election. The legislative authority of the municipal	28097
corporation shall file with the board of elections at least ninety	28098
days before the day of the election a copy of the ordinance	28099
together with a resolution specifying the date the election is to	28100
be held and directing the board of elections to conduct the	28101
election. The ballot shall be in the following form: "Shall the	28102
Ordinance providing for a ... per cent levy on income for (Brief	28103
description of the purpose of the proposed levy) be passed?	28104

28105

		FOR THE INCOME TAX			28106
		AGAINST THE INCOME TAX	"		28107

28108

In the event of an affirmative vote, the proceeds of the levy	28109
may be used only for the specified purpose.	28110

(D)(1) Except as otherwise provided in this section, no	28111
municipal corporation shall exempt from a tax on income	28112
compensation for personal services of individuals over eighteen	28113
years of age or the net profit from a business or profession.	28114

(2)(a) For taxable years beginning on or after January 1,	28115
2004, no municipal corporation shall tax the net profit from a	28116
business or profession using any base other than the taxpayer's	28117
adjusted federal taxable income.	28118

(b) Division (D)(2)(a) of this section does not apply to any	28119
taxpayer required to file a return under section 5745.03 of the	28120
Revised Code or to the net profit from a sole proprietorship.	28121

(E)(1) The legislative authority of a municipal corporation	28122
may, by ordinance or resolution, exempt from withholding and from	28123
a tax on income the following:	28124

(a) Compensation arising from the sale, exchange, or other	28125
disposition of a stock option, the exercise of a stock option, or	28126
the sale, exchange, or other disposition of stock purchased under	28127
a stock option; or	28128

(b) Compensation attributable to a nonqualified deferred	28129
compensation plan or program described in section 3121(v)(2)(C) of	28130
the Internal Revenue Code.	28131

(2) The legislative authority of a municipal corporation may	28132
adopt an ordinance or resolution that allows a taxpayer who is an	28133
individual to deduct, in computing the taxpayer's municipal income	28134
tax liability, an amount equal to the aggregate amount the	28135
taxpayer paid in cash during the taxable year to a health savings	28136
account of the taxpayer, to the extent the taxpayer is entitled to	28137
deduct that amount on internal revenue service form 1040.	28138

(3) The legislative authority of a municipal corporation may	28139
adopt an ordinance or resolution that allows a taxpayer who has a	28140
net profit from a business or profession that is operated as a	28141
sole proprietorship to deduct from that net profit the amount that	28142
the taxpayer paid during the taxable year for medical care	28143
insurance premiums for the taxpayer, the taxpayer's spouse, and	28144
dependents as defined in section 5747.01 of the Revised Code. The	28145
deduction shall be allowed to the same extent the taxpayer is	28146
entitled to deduct the premiums on internal revenue service form	28147
1040. The deduction allowed under this division shall be net of	28148
any related premium refunds, related premium reimbursements, or	28149
related insurance premium dividends received by the taxpayer	28150
during the taxable year.	28151

(F) If an individual's taxable income includes income against	28152
which the taxpayer has taken a deduction for federal income tax	28153
purposes as reportable on the taxpayer's form 2106, and against	28154
which a like deduction has not been allowed by the municipal	28155
corporation, the municipal corporation shall deduct from the	28156
taxpayer's taxable income an amount equal to the deduction shown	28157
on such form allowable against such income, to the extent not	28158
otherwise so allowed as a deduction by the municipal corporation.	28159

(G)(1) In the case of a taxpayer who has a net profit from a	28160
business or profession that is operated as a sole proprietorship,	28161
no municipal corporation may tax or use as the base for	28162
determining the amount of the net profit that shall be considered	28163
as having a taxable situs in the municipal corporation, an amount	28164
other than the net profit required to be reported by the taxpayer	28165
on schedule C or F from such sole proprietorship for the taxable	28166
year.	28167

(2) In the case of a taxpayer who has a net profit from	28168
rental activity required to be reported on schedule E, no	28169
municipal corporation may tax or use as the base for determining	28170
the amount of the net profit that shall be considered as having a	28171
taxable situs in the municipal corporation, an amount other than	28172
the net profit from rental activities required to be reported by	28173
the taxpayer on schedule E for the taxable year.	28174

(H) A municipal corporation shall not tax any of the	28175
following:	28176

(1) The military pay or allowances of members of the armed	28177
forces of the United States and of members of their reserve	28178
components, including the Ohio national guard;	28179

(2) The income of religious, fraternal, charitable,	28180
scientific, literary, or educational institutions to the extent	28181
that such income is derived from tax-exempt real estate,	28182
tax-exempt tangible or intangible property, or tax-exempt	28183
activities;	28184

(3) Except as otherwise provided in division (I) of this	28185
section, intangible income;	28186

(4) Compensation paid under section 3501.28 or 3501.36 of the	28187
Revised Code to a person serving as a precinct election official,	28188
to the extent that such compensation does not exceed one thousand	28189
dollars annually. Such compensation in excess of one thousand	28190
dollars may be subjected to taxation by a municipal corporation. A	28191
municipal corporation shall not require the payer of such	28192
compensation to withhold any tax from that compensation.	28193

(5) Compensation paid to an employee of a transit authority,	28194
regional transit authority, or regional transit commission created	28195
under Chapter 306. of the Revised Code for operating a transit bus	28196
or other motor vehicle for the authority or commission in or	28197
through the municipal corporation, unless the bus or vehicle is	28198
operated on a regularly scheduled route, the operator is subject	28199
to such a tax by reason of residence or domicile in the municipal	28200
corporation, or the headquarters of the authority or commission is	28201
located within the municipal corporation;	28202

(6) The income of a public utility, when that public utility	28203
is subject to the tax levied under section 5727.24 or 5727.30 of	28204
the Revised Code, except a municipal corporation may tax the	28205
following, subject to Chapter 5745. of the Revised Code:	28206

(a) Beginning January 1, 2002, the income of an electric	28207
company or combined company;	28208

(b) Beginning January 1, 2004, the income of a telephone	28209
company.	28210

As used in division (H)(6) of this section, "combined	28211
company," "electric company," and "telephone company" have the	28212
same meanings as in section 5727.01 of the Revised Code.	28213

(7) On and after January 1, 2003, items excluded from federal	28214
gross income pursuant to section 107 of the Internal Revenue Code;	28215

(8) On and after January 1, 2001, compensation paid to a	28216
nonresident individual to the extent prohibited under section	28217
718.011 of the Revised Code;	28218

(9)(a) Except as provided in division (H)(9)(b) and (c) of	28219
this section, an S corporation shareholder's distributive share of	28220
net profits of the S corporation, other than any part of the	28221
distributive share of net profits that represents wages as defined	28222
in section 3121(a) of the Internal Revenue Code or net earnings	28223
from self-employment as defined in section 1402(a) of the Internal	28224
Revenue Code.	28225

(b) If, pursuant to division (H) of former section 718.01 of	28226
the Revised Code as it existed before March 11, 2004, a majority	28227
of the electors of a municipal corporation voted in favor of the	28228
question at an election held on November 4, 2003, the municipal	28229
corporation may continue after 2002 to tax an S corporation	28230
shareholder's distributive share of net profits of an S	28231
corporation.	28232

(c) If, on December 6, 2002, a municipal corporation was	28233
imposing, assessing, and collecting a tax on an S corporation	28234
shareholder's distributive share of net profits of the S	28235
corporation to the extent the distributive share would be	28236
allocated or apportioned to this state under divisions (B)(1) and	28237
(2) of section 5733.05 of the Revised Code if the S corporation	28238
were a corporation subject to taxes imposed under Chapter 5733. of	28239
the Revised Code, the municipal corporation may continue to impose	28240
the tax on such distributive shares to the extent such shares	28241
would be so allocated or apportioned to this state only until	28242
December 31, 2004, unless a majority of the electors of the	28243
municipal corporation voting on the question of continuing to tax	28244
such shares after that date vote in favor of that question at an	28245
election held November 2, 2004. If a majority of those electors	28246
vote in favor of the question, the municipal corporation may	28247
continue after December 31, 2004, to impose the tax on such	28248
distributive shares only to the extent such shares would be so	28249
allocated or apportioned to this state.	28250

(d) For the purposes of division (D) of section 718.14 of the	28251
Revised Code, a municipal corporation shall be deemed to have	28252
elected to tax S corporation shareholders' distributive shares of	28253
net profits of the S corporation in the hands of the shareholders	28254
if a majority of the electors of a municipal corporation vote in	28255
favor of a question at an election held under division (H)(9)(b)	28256
or (c) of this section. The municipal corporation shall specify by	28257
ordinance or rule that the tax applies to the distributive share	28258
of a shareholder of an S corporation in the hands of the	28259
shareholder of the S corporation.	28260

(10) Employee compensation that is not "qualifying wages" as	28261
defined in section 718.03 of the Revised Code;	28262

(11) Beginning August 1, 2007, compensation paid to a person	28263
employed within the boundaries of a United States air force base	28264
under the jurisdiction of the United States air force that is used	28265
for the housing of members of the United States air force and is a	28266
center for air force operations, unless the person is subject to	28267
taxation because of residence or domicile. If the compensation is	28268
subject to taxation because of residence or domicile, municipal	28269
income tax shall be payable only to the municipal corporation of	28270
residence or domicile.	28271

(I) Any municipal corporation that taxes any type of	28272
intangible income on March 29, 1988, pursuant to Section 3 of	28273
Amended Substitute Senate Bill No. 238 of the 116th general	28274
assembly, may continue to tax that type of income after 1988 if a	28275
majority of the electors of the municipal corporation voting on	28276
the question of whether to permit the taxation of that type of	28277
intangible income after 1988 vote in favor thereof at an election	28278
held on November 8, 1988.	28279

(J) Nothing in this section or section 718.02 of the Revised	28280
Code shall authorize the levy of any tax on income that a	28281
municipal corporation is not authorized to levy under existing	28282
laws or shall require a municipal corporation to allow a deduction	28283
from taxable income for losses incurred from a sole proprietorship	28284
or partnership.	28285

(K)(1) Nothing in this chapter prohibits a municipal	28286
corporation from allowing, by resolution or ordinance, a net	28287
operating loss carryforward.	28288

(2) Nothing in this chapter requires a municipal corporation	28289
to allow a net operating loss carryforward.	28290

(L)(1) A single member limited liability company that is a	28291
disregarded entity for federal tax purposes may elect to be a	28292
separate taxpayer from its single member in all Ohio municipal	28293
corporations in which it either filed as a separate taxpayer or	28294
did not file for its taxable year ending in 2003, if all of the	28295
following conditions are met:	28296

(a) The limited liability company's single member is also a	28297
limited liability company;	28298

(b) The limited liability company and its single member were	28299
formed and doing business in one or more Ohio municipal	28300
corporations for at least five years before January 1, 2004;	28301

(c) Not later than December 31, 2004, the limited liability	28302
company and its single member each make an election to be treated	28303
as a separate taxpayer under division (L) of this section;	28304

(d) The limited liability company was not formed for the	28305
purpose of evading or reducing Ohio municipal corporation income	28306
tax liability of the limited liability company or its single	28307
member;	28308

(e) The Ohio municipal corporation that is the primary place	28309
of business of the sole member of the limited liability company	28310
consents to the election.	28311

(2) For purposes of division (L)(1)(e) of this section, a	28312
municipal corporation is the primary place of business of a	28313
limited liability company if, for the limited liability company's	28314
taxable year ending in 2003, its income tax liability is greater	28315
in that municipal corporation than in any other municipal	28316
corporation in Ohio, and that tax liability to that municipal	28317
corporation for its taxable year ending in 2003 is at least four	28318
hundred thousand dollars.	28319

Sec. 718.09. (A) This section applies to either of the	28320
following:	28321

(1) A municipal corporation that shares the same territory as	28322
a city, local, or exempted village school district, to the extent	28323
that not more than five per cent of the territory of the municipal	28324
corporation is located outside the school district and not more	28325
than five per cent of the territory of the school district is	28326
located outside the municipal corporation;	28327

(2) A municipal corporation that shares the same territory as	28328
a city, local, or exempted village school district, to the extent	28329
that not more than five per cent of the territory of the municipal	28330
corporation is located outside the school district, more than five	28331
per cent but not more than ten per cent of the territory of the	28332
school district is located outside the municipal corporation, and	28333
that portion of the territory of the school district that is	28334
located outside the municipal corporation is located entirely	28335
within another municipal corporation having a population of four	28336
hundred thousand or more according to the federal decennial census	28337
most recently completed before the agreement is entered into under	28338
division (B) of this section.	28339

(B) The legislative authority of a municipal corporation to	28340
which this section applies may propose to the electors an income	28341
tax, one of the purposes of which shall be to provide financial	28342
assistance to the school district through payment to the district	28343
of not less than twenty-five per cent of the revenue generated by	28344
the tax, except that the legislative authority may not propose to	28345
levy the income tax on the incomes of nonresident individuals.	28346
Prior to proposing the tax, the legislative authority shall	28347
negotiate and enter into a written agreement with the board of	28348
education of the school district specifying the tax rate, the	28349
percentage of tax revenue to be paid to the school district, the	28350
purpose for which the school district will use the money, the	28351
first year the tax will be levied, the date of the special	28352
election on the question of the tax, and the method and schedule	28353
by which the municipal corporation will make payments to the	28354
school district. The special election shall be held on a day	28355
specified in division (D) of section 3501.01 of the Revised Code,	28356
except that the special election may not be held on the day for	28357
holding a primary election as authorized by the municipal	28358
corporation's charter unless the municipal corporation is to have	28359
a primary election on that day.	28360

After the legislative authority and board of education have	28361
entered into the agreement, the legislative authority shall	28362
provide for levying the tax by ordinance. The ordinance shall	28363
state the tax rate, the percentage of tax revenue to be paid to	28364
the school district, the purpose for which the municipal	28365
corporation will use its share of the tax revenue, the first year	28366
the tax will be levied, and that the question of the income tax	28367
will be submitted to the electors of the municipal corporation.	28368
The legislative authority also shall adopt a resolution specifying	28369
the regular or special election date the election will be held and	28370
directing the board of elections to conduct the election. At least	28371
ninety days before the date of the election, the legislative	28372
authority shall file certified copies of the ordinance and	28373
resolution with the board of elections.	28374

(C) The board of elections shall make the necessary	28375
arrangements for the submission of the question to the electors of	28376
the municipal corporation, and shall conduct the election in the	28377
same manner as any other municipal income tax election. Notice of	28378
the election shall be published in a newspaper of general	28379
circulation in the municipal corporation once a week for four	28380
consecutive weeks, or as provided in section 7.16 of the Revised	28381
Code, prior to the election, and shall include statements of the	28382
rate and municipal corporation and school district purposes of the	28383
income tax, the percentage of tax revenue that will be paid to the	28384
school district, and the first year the tax will be levied. The	28385
ballot shall be in the following form:	28386

"Shall the ordinance providing for a ..... per cent levy on	28387
income for (brief description of the municipal corporation and	28388
school district purposes of the levy, including a statement of the	28389
percentage of tax revenue that will be paid to the school	28390
district) be passed? The income tax, if approved, will not be	28391
levied on the incomes of individuals who do not reside in (the	28392
name of the municipal corporation).	28393

28394

		For the income tax			28395
		Against the income tax	"		28396

28397

(D) If the question is approved by a majority of the	28398
electors, the municipal corporation shall impose the income tax	28399
beginning in the year specified in the ordinance. The proceeds of	28400
the levy may be used only for the specified purposes, including	28401
payment of the specified percentage to the school district.	28402

Sec. 718.10. (A) This section applies to a group of two or	28403
more municipal corporations that, taken together, share the same	28404
territory as a single city, local, or exempted village school	28405
district, to the extent that not more than five per cent of the	28406
territory of the municipal corporations as a group is located	28407
outside the school district and not more than five per cent of the	28408
territory of the school district is located outside the municipal	28409
corporations as a group.	28410

(B) The legislative authorities of the municipal corporations	28411
in a group of municipal corporations to which this section applies	28412
each may propose to the electors an income tax, to be levied in	28413
concert with income taxes in the other municipal corporations of	28414
the group, except that a legislative authority may not propose to	28415
levy the income tax on the incomes of individuals who do not	28416
reside in the municipal corporation. One of the purposes of such a	28417
tax shall be to provide financial assistance to the school	28418
district through payment to the district of not less than	28419
twenty-five per cent of the revenue generated by the tax. Prior to	28420
proposing the taxes, the legislative authorities shall negotiate	28421
and enter into a written agreement with each other and with the	28422
board of education of the school district specifying the tax rate,	28423
the percentage of the tax revenue to be paid to the school	28424
district, the first year the tax will be levied, and the date of	28425
the election on the question of the tax, all of which shall be the	28426
same for each municipal corporation. The agreement also shall	28427
state the purpose for which the school district will use the	28428
money, and specify the method and schedule by which each municipal	28429
corporation will make payments to the school district. The special	28430
election shall be held on a day specified in division (D) of	28431
section 3501.01 of the Revised Code, including a day on which all	28432
of the municipal corporations are to have a primary election.	28433

After the legislative authorities and board of education have	28434
entered into the agreement, each legislative authority shall	28435
provide for levying its tax by ordinance. Each ordinance shall	28436
state the rate of the tax, the percentage of tax revenue to be	28437
paid to the school district, the purpose for which the municipal	28438
corporation will use its share of the tax revenue, and the first	28439
year the tax will be levied. Each ordinance also shall state that	28440
the question of the income tax will be submitted to the electors	28441
of the municipal corporation on the same date as the submission of	28442
questions of an identical tax to the electors of each of the other	28443
municipal corporations in the group, and that unless the electors	28444
of all of the municipal corporations in the group approve the tax	28445
in their respective municipal corporations, none of the municipal	28446
corporations in the group shall levy the tax. Each legislative	28447
authority also shall adopt a resolution specifying the regular or	28448
special election date the election will be held and directing the	28449
board of elections to conduct the election. At least ninety days	28450
before the date of the election, each legislative authority shall	28451
file certified copies of the ordinance and resolution with the	28452
board of elections.	28453

(C) For each of the municipal corporations, the board of	28454
elections shall make the necessary arrangements for the submission	28455
of the question to the electors, and shall conduct the election in	28456
the same manner as any other municipal income tax election. For	28457
each of the municipal corporations, notice of the election shall	28458
be published in a newspaper of general circulation in the	28459
municipal corporation once a week for four consecutive weeks, or	28460
as provided in section 7.16 of the Revised Code, prior to the	28461
election. The notice shall include a statement of the rate and	28462
municipal corporation and school district purposes of the income	28463
tax, the percentage of tax revenue that will be paid to the school	28464
district, and the first year the tax will be levied, and an	28465
explanation that the tax will not be levied unless an identical	28466
tax is approved by the electors of each of the other municipal	28467
corporations in the group. The ballot shall be in the following	28468
form:	28469

"Shall the ordinance providing for a ... per cent levy on	28470
income for (brief description of the municipal corporation and	28471
school district purposes of the levy, including a statement of the	28472
percentage of income tax revenue that will be paid to the school	28473
district) be passed? The income tax, if approved, will not be	28474
levied on the incomes of individuals who do not reside in (the	28475
name of the municipal corporation). In order for the income tax to	28476
be levied, the voters of (the other municipal corporations in the	28477
group), which are also in the (name of the school district) school	28478
district, must approve an identical income tax and agree to pay	28479
the same percentage of the tax revenue to the school district.	28480

28481

		For the income tax			28482
		Against the income tax	"		28483

28484

(D) If the question is approved by a majority of the electors	28485
and identical taxes are approved by a majority of the electors in	28486
each of the other municipal corporations in the group, the	28487
municipal corporation shall impose the tax beginning in the year	28488
specified in the ordinance. The proceeds of the levy may be used	28489
only for the specified purposes, including payment of the	28490
specified percentage to the school district.	28491

Sec. 719.012. In order to rehabilitate a building or	28492
structure that a municipal corporation determines to be a blighted	28493
property as defined in section 1.08 of the Revised Code, a	28494
municipal corporation may appropriate, in the manner provided in	28495
sections 163.01 to 163.22 of the Revised Code, any such building	28496
or structure and the real property of which it is a part. The	28497
municipal corporation shall rehabilitate the building or structure	28498
or cause it to be rehabilitated within two years after the	28499
appropriation, so that the building or structure is no longer a	28500
public nuisance, insecure, unsafe, structurally defective,	28501
unhealthful, or unsanitary, or a threat to the public health,	28502
safety, or welfare, or in violation of a building code or	28503
ordinance adopted under section 731.231 of the Revised Code. Any	28504
building or structure appropriated pursuant to this section which	28505
is not rehabilitated within two years shall be demolished.	28506

If during the rehabilitation process the municipal	28507
corporation retains title to the building or structure and the	28508
real property of which it is a part, then within one hundred	28509
eighty days after the rehabilitation is complete, the municipal	28510
corporation shall appraise the rehabilitated building or structure	28511
and the real property of which it is a part, and shall sell the	28512
building or structure and property at public auction. The	28513
municipal corporation shall advertise the public auction in a	28514
newspaper of general circulation in the municipal corporation once	28515
a week for three consecutive weeks, or as provided in section 7.16	28516
of the Revised Code, prior to the date of sale. The municipal	28517
corporation shall sell the building or structure and real property	28518
to the highest and best bidder. No property that a municipal	28519
corporation acquires pursuant to this section shall be leased.	28520

Sec. 719.05. The mayor of a municipal corporation shall,	28521
immediately upon the passage of a resolution under section 719.04	28522
of the Revised Code, declaring an intent to appropriate property,	28523
for which but one reading is necessary, cause written notice to be	28524
given to the owner of, person in possession of, or person having	28525
an interest of record in, every piece of property sought to be	28526
appropriated, or to ~~his~~the authorized agent of the owner or other	28527
such person. Such notice shall be served by a person designated	28528
for the purpose and return made in the manner provided for the	28529
service and return of summons in civil actions. If such owner,	28530
person, or agent cannot be found, notice shall be given by	28531
publication once a week for three consecutive weeks in a newspaper	28532
of general circulation in the municipal corporation or as provided	28533
in section 7.16 of the Revised Code, and the legislative authority	28534
may thereupon pass an ordinance by a two-thirds vote of all	28535
members elected thereto, directing such appropriation to proceed.	28536

Sec. 721.03. No contract, except as provided in section	28537
721.28 of the Revised Code, for the sale or lease of real estate	28538
belonging to a municipal corporation shall be made unless	28539
authorized by an ordinance, approved by a two-thirds vote of the	28540
members of the legislative authority of such municipal	28541
corporation, and by the board or officer having supervision or	28542
management of such real estate. When the contract is so	28543
authorized, it shall be made in writing by such board or officer,	28544
and, except as provided in section 721.27 of the Revised Code,	28545
only with the highest bidder, after advertisement once a week for	28546
five consecutive weeks in a newspaper of general circulation	28547
within the municipal corporation or as provided in section 7.16 of	28548
the Revised Code. Such board or officer may reject any bids and	28549
readvertise until all such real estate is sold or leased.	28550

Sec. 721.15. (A) Personal property not needed for municipal	28551
purposes, the estimated value of which is less than one thousand	28552
dollars, may be sold by the board or officer having supervision or	28553
management of that property. If the estimated value of that	28554
property is one thousand dollars or more, it shall be sold only	28555
when authorized by an ordinance of the legislative authority of	28556
the municipal corporation and approved by the board, officer, or	28557
director having supervision or management of that property. When	28558
so authorized, the board, officer, or director shall make a	28559
written contract with the highest and best bidder after	28560
advertisement for not less than two ornor more than four	28561
consecutive weeks in a newspaper of general circulation within the	28562
municipal corporation or as provided in section 7.16 of the	28563
Revised Code, or with a board of county commissioners upon such	28564
lawful terms as are agreed upon, as provided by division (B)(1) of	28565
section 721.27 of the Revised Code.	28566

(B) When the legislative authority finds, by resolution, that	28567
the municipal corporation has vehicles, equipment, or machinery	28568
which is obsolete, or is not needed or is unfit for public use,	28569
that the municipal corporation has need of other vehicles,	28570
equipment, or machinery of the same type, and that it will be in	28571
the best interest of the municipal corporation that the sale of	28572
obsolete, unneeded, or unfit vehicles, equipment, or machinery be	28573
made simultaneously with the purchase of the new vehicles,	28574
equipment, or machinery of the same type, the legislative	28575
authority may offer to sell, or authorize a board, officer, or	28576
director of the municipal corporation having supervision or	28577
management of the property to offer to sell, those vehicles,	28578
equipment, or machinery and to have the selling price credited	28579
against the purchase price of other vehicles, equipment, or	28580
machinery and to consummate the sale and purchase by a single	28581
contract with the lowest and best bidder to be determined by	28582
subtracting from the selling price of the vehicles, equipment, or	28583
machinery to be purchased by the municipal corporation the	28584
purchase price offered for the municipally-owned vehicles,	28585
equipment, or machinery. When the legislative authority or the	28586
authorized board, officer, or director of a municipal corporation	28587
advertises for bids for the sale of new vehicles, equipment, or	28588
machinery to the municipal corporation, they may include in the	28589
same advertisement a notice of willingness to accept bids for the	28590
purchase of municipally-owned vehicles, equipment, or machinery	28591
which is obsolete, or is not needed or is unfit for public use,	28592
and to have the amount of those bids subtracted from the selling	28593
price as a means of determining the lowest and best bidder.	28594

(C) If the legislative authority of the municipal corporation	28595
determines that municipal personal property is not needed for	28596
public use, or is obsolete or unfit for the use for which it was	28597
acquired, and that the property has no value, the legislative	28598
authority may discard or salvage that property.	28599

(D) Notwithstanding anything to the contrary in division (A)	28600
or (B) of this section and regardless of the property's value, the	28601
legislative authority of a municipal corporation may sell personal	28602
property, including motor vehicles acquired for the use of	28603
municipal officers and departments, and road machinery, equipment,	28604
tools, or supplies, which is not needed for public use, or is	28605
obsolete or unfit for the use for which it was acquired, by	28606
internet auction. The legislative authority shall adopt, during	28607
each calendar year, a resolution expressing its intent to sell	28608
that property by internet auction. The resolution shall include a	28609
description of how the auctions will be conducted and shall	28610
specify the number of days for bidding on the property, which	28611
shall be no less than ten days, including Saturdays, Sundays, and	28612
legal holidays. The resolution shall indicate whether the	28613
municipal corporation will conduct the auction or the legislative	28614
authority will contract with a representative to conduct the	28615
auction and shall establish the general terms and conditions of	28616
sale. If a representative is known when the resolution is adopted,	28617
the resolution shall provide contact information such as the	28618
representative's name, address, and telephone number.	28619

After adoption of the resolution, the legislative authority	28620
shall publish, in a newspaper of general circulation in the	28621
municipal corporation or as provided in section 7.16 of the	28622
Revised Code, notice of its intent to sell unneeded, obsolete, or	28623
unfit municipal personal property by internet auction. The notice	28624
shall include a summary of the information provided in the	28625
resolution and shall be published ~~at least~~ twice. The second ~~and~~	28626
~~any subsequent~~ notice shall be published not less than ten nor	28627
more than twenty days after the previous notice. A similar notice	28628
also shall be posted continually throughout the calendar year in a	28629
conspicuous place in the offices of the village clerk or city	28630
auditor, and the legislative authority~~, and, if~~. If the municipal	28631
corporation maintains a ~~website~~web site on the internet, the	28632
notice shall be posted continually throughout the calendar year at	28633
that ~~website~~web site.	28634

When the property is to be sold by internet auction, the	28635
legislative authority or its representative may establish a	28636
minimum price that will be accepted for specific items and may	28637
establish any other terms and conditions for the particular sale,	28638
including requirements for pick-up or delivery, method of payment,	28639
and sales tax. This type of information shall be provided on the	28640
internet at the time of the auction and may be provided before	28641
that time upon request after the terms and conditions have been	28642
determined by the legislative authority or its representative.	28643

Sec. 721.20. Notice of the filing, pendency, and prayer of	28644
the petition provided for by section 721.19 of the Revised Code	28645
shall be published for four consecutive weeks or as provided in	28646
section 7.16 of the Revised Code, prior to the day of hearing, in	28647
a newspaper ~~published in the municipal corporation, or if there is~~	28648
~~none, then in a newspaper published in the county, and~~ of general	28649
circulation in such municipal corporation.	28650

Sec. 723.07. No street or alley shall be vacated or narrowed	28651
unless notice of the pendency and prayer of the petition under	28652
section 723.04 of the Revised Code is given by publishing, in a	28653
newspaper ~~published or~~ of general circulation in such municipal	28654
corporation, for six consecutive weeks preceding action on such	28655
petition, or~~, where~~as provided in section 7.16 of the Revised	28656
Code preceding action on the petition. Where no newspaper is	28657
~~published~~of general circulation in the municipal corporation,	28658
notice shall be given by posting the notice in three public places	28659
therein six weeks preceding such action. Action thereon shall take	28660
place within three months after the completion of the notice.	28661

Sec. 727.011. For the purpose of controlling the blight and	28662
disease of shade trees within public rights-of-way, and for	28663
planting, maintaining, trimming, and removing shade trees in and	28664
along the streets of a municipality, the legislative authority of	28665
such municipal corporation may establish one or more districts in	28666
the municipality designating the boundaries thereof, and may each	28667
year thereafter, by ordinance, designate the district in which	28668
such control, planting, care, and maintenance shall be effected,	28669
setting forth an estimate of the cost and providing for the levy	28670
of a special assessment upon all the real property in the	28671
district, in the amount and in the manner provided in section	28672
727.01 of the Revised Code, for planting, maintaining, trimming,	28673
and removing shade trees. The ordinance shall be adopted ~~and~~	28674
~~published~~ as other ordinances and a succinct summary of the	28675
ordinance shall be published in the manner provided in section	28676
731.21 of the Revised Code. Bonds and anticipatory notes may be	28677
issued in anticipation of the collection of such special	28678
assessments, under section 133.17 of the Revised Code.	28679

Sec. 727.012. For the purpose of constructing, maintaining,	28680
repairing, cleaning, and enclosing ditches, the legislative	28681
authority of such municipal corporation may establish one or more	28682
districts in the municipality designating the boundaries thereof,	28683
and may each year thereafter, by ordinance, designate the district	28684
in which such constructing, maintaining, repairing, cleaning, and	28685
enclosing of ditches shall be effected, setting forth an estimate	28686
of the cost and providing for the levying of a special assessment	28687
upon all the real property in the district, in the amount and in	28688
the manner provided in section 727.01 of the Revised Code, for	28689
constructing, maintaining, repairing, cleaning, and enclosing	28690
ditches. The ordinance shall be adopted ~~and published~~ as other	28691
ordinances and a succinct summary of the ordinance shall be	28692
published in the manner provided in section 731.21 of the Revised	28693
Code. Bonds and anticipatory notes may be issued in anticipation	28694
of the collection of such special assessments, under section	28695
133.17 of the Revised Code.	28696

Sec. 727.08. The cost of any public improvement to be paid	28697
for directly or indirectly, in whole or in part, by funds derived	28698
from special assessments may include but not be limited to:	28699

(A) The purchase price of real estate or any interest therein	28700
when acquired by purchase, or not more than fifty per cent of the	28701
cost of acquiring such real estate or any interest therein when	28702
acquired by appropriation;	28703

(B) The cost of preliminary and other surveys;

28704

(C) The cost of preparing plans, specifications, profiles,	28705
and estimates except, to the extent that costs of plans,	28706
specifications, and estimates of cost have been paid for by the	28707
levy of assessments under section 729.11 of the Revised Code, such	28708
costs shall not be included in determining the cost of the	28709
improvement under this section;	28710

(D) The cost of printing, serving, and publishing notices,	28711
and summaries of resolutions, and ordinances;	28712

(E) The cost of all special proceedings;

28713

(F) The cost of labor and material, whether furnished by	28714
contract or otherwise;	28715

(G) Interest on securities issued in anticipation of the levy	28716
and collection of the special assessments or, if securities in	28717
anticipation of the levy of the special assessments are not	28718
issued, interest, at a rate to be determined by the legislative	28719
authority in the resolution of necessity adopted pursuant to	28720
section 727.12 of the Revised Code, on moneys advanced by the	28721
municipal corporation for the cost of the public improvement in	28722
anticipation of the levy of the special assessments;	28723

(H) The total amount of damages, resulting from the	28724
improvement, assessed in favor of any owner of lands affected by	28725
the improvement, and interest thereon;	28726

(I) The cost incurred in connection with the preparation,	28727
levy, and collection of the special assessments, including legal	28728
expenses incurred by reason of the improvement;	28729

(J) Incidental costs directly connected with the improvement.

28730

Sec. 727.14. In lieu of the procedure provided in section	28731
727.13 of the Revised Code, the legislative authority may provide	28732
for notice of the passage of a resolution of necessity providing	28733
for the lighting, sprinkling, sweeping, or cleaning of any street,	28734
alley, public road, or place, or parts thereof or for treating the	28735
surface of the same with dust-laying or preservative substances,	28736
or for the planting, maintaining, and removing of shade trees, or	28737
for the constructing, maintaining, repairing, cleaning, and	28738
enclosing of ditches, and the filing of the estimated assessment	28739
under section 727.12 of the Revised Code, to be given by	28740
publication of such notice once a week for two consecutive weeks	28741
in a newspaper of general circulation in the municipal corporation	28742
or as provided in section 7.16 of the Revised Code. When it	28743
appears from the estimated assessment filed as provided by section	28744
727.12 of the Revised Code, that the assessment against the owner	28745
of any lot or parcel of land will exceed two hundred fifty	28746
dollars, such owner shall be notified of the assessment in the	28747
manner provided in section 727.13 of the Revised Code.	28748

Sec. 727.46. When a general plan has been prepared under	28749
section 727.44 of the Revised Code and reported to the legislative	28750
authority, it shall be filed with the clerk of the legislative	28751
authority and the legislative authority shall cause its clerk to	28752
publish, once a week for two consecutive weeks in a newspaper of	28753
general circulation in the municipal corporation or as provided in	28754
section 7.16 of the Revised Code, a notice stating that such	28755
general plan has been prepared and is on file in the office of the	28756
clerk of the legislative authority for examination by interested	28757
persons and that written objections to such plan may be filed in	28758
the office of such clerk before the date specified in the notice,	28759
which shall not be earlier than the seventeenth day following the	28760
date of the first publication in said newspaper. Any person having	28761
an objection to the general plan shall file such objection in	28762
writing, with the clerk of the legislative authority within the	28763
time specified.	28764

Sec. 729.08. The legislative authority of the municipal	28765
corporation shall cause a notice to be published for three	28766
consecutive weeks in a newspaper of general circulation in the	28767
municipal corporation or as provided in section 7.16 of the	28768
Revised Code, stating that such list of estimated assessments has	28769
been made and is on file in the office of the clerk of the	28770
legislative authority for the inspection and examination of	28771
persons interested therein.	28772

If any person objects to an assessment on such list, hethe	28773
person shall file ~~his~~the objection in writing with the clerk of	28774
the legislative authority within two weeks after the expiration of	28775
the notice provided in this section.	28776

Sec. 729.11. In addition to the power conferred upon	28777
municipal corporations under section 727.01 of the Revised Code to	28778
levy and collect special assessments, the legislative authority of	28779
a municipal corporation may, whenever it has determined by	28780
ordinance that it is necessary to construct, enlarge, or improve a	28781
system of storm or sanitary sewerage for the municipal corporation	28782
or any part thereof, including sewage disposal works, treatment	28783
plants, and sewage pumping stations, or a water supply system for	28784
the municipal corporation or any part thereof including mains,	28785
dams, reservoirs, wells, intakes, purification works, and pumping	28786
stations, and that any such improvement shall be constructed,	28787
enlarged, or improved, may levy upon property to be benefited in	28788
the municipal corporation or any designated part thereof, which	28789
property shall be described in the ordinance, a preliminary	28790
assessment upon the benefited lots and lands within the	28791
corporation or such part thereof, apportioned according to	28792
benefits or to the tax valuation or partly by one method and	28793
partly by the other, as the legislative authority determines for	28794
the purpose of paying the costs of general and detailed plans,	28795
specifications, estimates, preparation of the tentative	28796
assessment, financing, and legal services incident to the	28797
preparation of such plans, and a plan for financing the proposed	28798
improvements.	28799

Prior to the adoption of such ordinance, the legislative	28800
authority of such municipal corporation shall give notice of the	28801
pendency thereof and of the proposed determination of the	28802
necessity of the improvement therein generally described, which	28803
notice shall set forth the description of the benefited property	28804
as designated in the ordinance and the time and place of hearing	28805
of objections to and endorsements of the improvement. Such notice	28806
shall be given by publication in a newspaper of general	28807
circulation in the municipal corporation once a week for two	28808
consecutive weeks or as provided in section 7.16 of the Revised	28809
Code, the first publication to be at least two weeks prior to the	28810
date set for the hearing. At such hearing, or at any adjournment	28811
thereof, of which no further published notice need be given, the	28812
legislative authority shall hear all persons whose properties are	28813
proposed to be assessed, and such evidence as is deemed to be	28814
necessary, and shall then determine the necessity of the proposed	28815
improvement and in addition shall determine whether the	28816
improvement shall be made by the municipal corporation, and shall	28817
direct the preparation of tentative assessments upon the benefited	28818
properties and by whom they shall be prepared.	28819

Such assessments shall be in the amount determined to be	28820
necessary by the legislative authority to pay the costs of general	28821
and detailed plans, specifications, estimates of cost, preparation	28822
of the tentative assessment, financing and legal services incident	28823
to the preparation of such plans, and a plan of financing the	28824
proposed improvements, and shall be payable in such number of	28825
years as the legislative authority determines, not to exceed	28826
twenty, together with interest on any notes which may be issued in	28827
anticipation of the collection of such assessments.	28828

The legislative authority may at any time levy additional	28829
assessments according to benefits or to tax valuation or partly by	28830
one method and partly by the other as the legislative authority	28831
determines for such purposes upon such properties to complete the	28832
payment of such costs or to pay the cost of any additional plans,	28833
specifications, estimates of cost, tentative assessments, and the	28834
cost of financing and legal services incident to the preparation	28835
of such plans and such plan of financing, which additional	28836
assessments shall be payable in such number of years as the	28837
legislative authority determines, not to exceed twenty years,	28838
together with interest on any notes and bonds which may be issued	28839
in anticipation of the collection thereof.	28840

Upon completion of the tentative assessments or any	28841
additional assessments, they shall be filed with the clerk of the	28842
legislative authority and shall be and remain open to public	28843
inspection, and thereupon, the legislative authority shall give at	28844
least ten days' notice of the filing thereof in one newspaper of	28845
general circulation in the municipal corporation, or shall give	28846
notice as provided in section 7.16 of the Revised Code, which	28847
notice shall state the time and place when and where such	28848
tentative assessments shall be taken up for consideration. At such	28849
time and place or at any adjournment thereof, of which no further	28850
published notice need be given, the legislative authority shall	28851
hear all persons whose properties are proposed to be assessed,	28852
shall correct any errors and make any revisions that appear to be	28853
necessary or just, and may then pass an ordinance levying upon the	28854
properties determined to be benefited such assessments as so	28855
corrected and revised.	28856

The assessments levied by such ordinance shall be certified	28857
to the county auditor for collection as other taxes in the year or	28858
years in which they are payable; provided any such assessment in	28859
the amount of five dollars or less, or any unpaid balance of any	28860
such assessment which is five dollars or less, shall be paid in	28861
full, and not in installments, at the time the first or next	28862
installment would otherwise become due and payable.	28863

Upon the adoption of such ordinance levying assessments the	28864
legislative authority may authorize contracts to carry out the	28865
purposes for which such assessments have been levied without the	28866
prior issuance of notes and bonds; provided that the payments due	28867
by the municipal corporation do not fall due prior to the times in	28868
which such assessments shall be collected. The municipal	28869
corporation may also issue and sell its bonds with a maximum	28870
maturity of twenty years in anticipation of the collection of such	28871
assessments and may issue its notes in anticipation of the	28872
issuance of such bonds, which notes and bonds shall be issued and	28873
sold as provided in Chapter 133. of the Revised Code.	28874

Sec. 731.14. All contracts made by the legislative authority	28875
of a village shall be executed in the name of the village and	28876
signed on its behalf by the mayor and clerk. Except where the	28877
contract is for equipment, services, materials, or supplies to be	28878
purchased under division (D) of section 713.23 or section 125.04	28879
or 5513.01 of the Revised Code, available from a qualified	28880
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	28881
Revised Code, or required to be purchased from a qualified	28882
nonprofit agency under sections 125.60 to 125.6012 of the Revised	28883
Code, when any expenditure, other than the compensation of persons	28884
employed in the village, exceeds ~~twenty-five~~fifty thousand	28885
dollars, such contracts shall be in writing and made with the	28886
lowest and best bidder after advertising once a week for not less	28887
than two consecutive weeks in a newspaper of general circulation	28888
within the village. The legislative authority may also cause	28889
notice to be inserted in trade papers or other publications	28890
designated by it or to be distributed by electronic means,	28891
including posting the notice on the legislative authority's	28892
internet web site. If the legislative authority posts the notice	28893
on its web site, it may eliminate the second notice otherwise	28894
required to be published in a newspaper of general circulation	28895
within the village, provided that the first notice published in	28896
such newspaper meets all of the following requirements:	28897

(A) It is published at least two weeks before the opening of	28898
bids.	28899

(B) It includes a statement that the notice is posted on the	28900
legislative authority's internet web site.	28901

(C) It includes the internet address of the legislative	28902
authority's internet web site.	28903

(D) It includes instructions describing how the notice may be	28904
accessed on the legislative authority's internet web site.	28905

The bids shall be opened and shall be publicly read by the	28906
clerk of the village or a person designated by the clerk at the	28907
time, date, and place specified in the advertisement to bidders or	28908
specifications. The time, date, and place of bid openings may be	28909
extended to a later date by the legislative authority of the	28910
village, provided that written or oral notice of the change shall	28911
be given to all persons who have received or requested	28912
specifications no later than ninety-six hours prior to the	28913
original time and date fixed for the opening. This section does	28914
not apply to those villages that have provided for the appointment	28915
of a village administrator under section 735.271 of the Revised	28916
Code.	28917

Sec. 731.141. In those villages that have established the	28918
position of village administrator, as provided by section 735.271	28919
of the Revised Code, the village administrator shall make	28920
contracts, purchase supplies and materials, and provide labor for	28921
any work under the administrator's supervision involving not more	28922
than twenty-five thousand dollars. When an expenditure, other than	28923
the compensation of persons employed by the village, exceeds	28924
twenty-five thousand dollars, the expenditure shall first be	28925
authorized and directed by ordinance of the legislative authority	28926
of the village. When so authorized and directed, except where the	28927
contract is for equipment, services, materials, or supplies to be	28928
purchased under division (D) of section 713.23 or section 125.04	28929
or 5513.01 of the Revised Code, available from a qualified	28930
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	28931
Revised Code, or required to be purchased from a qualified	28932
nonprofit agency under sections 125.60 to 125.6012 of the Revised	28933
Code, the village administrator shall make a written contract with	28934
the lowest and best bidder after advertisement for not less than	28935
two nor more than four consecutive weeks in a newspaper of general	28936
circulation within the village or as provided in section 7.16 of	28937
the Revised Code. The bids shall be opened and shall be publicly	28938
read by the village administrator or a person designated by the	28939
village administrator at the time, date, and place as specified in	28940
the advertisement to bidders or specifications. The time, date,	28941
and place of bid openings may be extended to a later date by the	28942
village administrator, provided that written or oral notice of the	28943
change shall be given to all persons who have received or	28944
requested specifications no later than ninety-six hours prior to	28945
the original time and date fixed for the opening. All contracts	28946
shall be executed in the name of the village and signed on its	28947
behalf by the village administrator and the clerk.	28948

The legislative authority of a village may provide, by	28949
ordinance, for central purchasing for all offices, departments,	28950
divisions, boards, and commissions of the village, under the	28951
direction of the village administrator, who shall make contracts,	28952
purchase supplies or materials, and provide labor for any work of	28953
the village in the manner provided by this section.	28954

Sec. 731.20. Ordinances, resolutions, and bylaws shall be	28955
authenticated by the signature of the presiding officer and clerk	28956
of the legislative authority of the municipal corporation.	28957
~~Ordinances~~A succinct summary of ordinances of a general nature or	28958
providing for improvements shall be published as provided by	28959
sections 731.21 and 731.22 of the Revised Code before going into	28960
operation. No ordinance shall take effect until the expiration of	28961
ten days after the first publication of such notice. As soon as a	28962
bylaw, resolution, or ordinance is passed and signed, it shall be	28963
recorded by the clerk in a book furnished by the legislative	28964
authority for that purpose.	28965

Sec. 731.21. (A) ~~Notwithstanding any conflicting provision~~	28966
~~of section 7.12 of the Revised Code,~~A succinct summary of each	28967
municipal ordinance or resolution~~, or a succinct summary of each~~	28968
~~municipal ordinance and resolution,~~ and all statements, orders,	28969
proclamations, notices, and reports required by law or ordinance	28970
to be published shall be published ~~as follows:~~	28971

~~(1) In two English language newspapers of opposite politics,~~	28972
~~published and~~in a newspaper of general circulation in the	28973
municipal corporation~~, if there are any such newspapers;~~	28974

~~(2) If two English language newspapers of opposite politics~~	28975
~~are not published and of general circulation in the municipal~~	28976
~~corporation, then in one such political newspaper and one other~~	28977
~~English language newspaper published and of general circulation~~	28978
~~therein;~~	28979

~~(3) If only one english language newspaper is published and~~	28980
~~of general circulation in the municipal corporation, then in that~~	28981
~~newspaper;~~	28982

~~(4) If no english language newspaper is published and of~~	28983
~~general circulation in the municipal corporation, then in any~~	28984
~~English language newspaper of general circulation therein or by~~	28985
~~posting as provided in section 731.25 of the Revised Code, at the~~	28986
~~option of the legislative authority of such municipal corporation~~.	28987
Proof of the publication and required circulation of any newspaper	28988
used as a medium of publication as provided by this section shall	28989
be made by affidavit of the proprietor of ~~either of such~~	28990
~~newspapers~~the newspaper, and shall be filed with the clerk of the	28991
legislative authority.	28992

(B) ~~If a summary of an ordinance or resolution is published~~	28993
~~under division (A) of this section, the~~The publication shall	28994
contain notice that the complete text of each such ordinance or	28995
resolution may be obtained or viewed at the office of the clerk of	28996
the legislative authority of the municipal corporation and may be	28997
viewed at any other location designated by the legislative	28998
authority of the municipal corporation. The city director of law,	28999
village solicitor, or other chief legal officer of the municipal	29000
corporation shall review ~~any~~the summary of an ordinance or	29001
resolution published under this section prior to forwarding it to	29002
the clerk for publication, to ensure that the summary is legally	29003
accurate and sufficient.	29004

(C) Upon publication of a summary of an ordinance or	29005
resolution in accordance with this section, the clerk of the	29006
legislative authority shall supply a copy of the complete text of	29007
each such ordinance or resolution to any person, upon request, and	29008
may charge a reasonable fee, set by the legislative authority, for	29009
each copy supplied. The clerk shall post a copy of the text at ~~his~~	29010
the clerk's office and at every other location designated by the	29011
legislative authority.	29012

Sec. 731.211. In accordance with Section 9 of Article XVIII,	29013
Ohio Constitution, notice of proposed amendments to municipal	29014
charters shall be given in one of the following ways:	29015

(A) Not less than thirty days prior to the election at which	29016
the amendment is to be submitted to the electors, the clerk of the	29017
municipality shall mail a copy of the proposed charter amendment	29018
to each elector whose name appears upon the poll or registration	29019
books of the last regular or general election held therein.	29020

(B) The full text of the proposed charter amendment shall be	29021
published once a week for not less than two consecutive weeks in a	29022
newspaper ~~published~~of general circulation in the municipal	29023
corporation or as provided in section 7.16 of the Revised Code,	29024
with the first publication being at least fifteen days prior to	29025
the election at which the amendment is to be submitted to the	29026
electors. ~~If no newspaper is published in the municipal~~	29027
~~corporation, then such publication shall be made in a newspaper of~~	29028
~~general circulation within the municipal corporation.~~	29029

Sec. 731.22. The publication required in section 731.21 of	29030
the Revised Code shall be for the following times:	29031

(A) ~~Ordinances and resolutions, or summaries~~Summaries of	29032
ordinances or resolutions, and proclamations of elections, once a	29033
week for two consecutive weeks or as provided in section 7.16 of	29034
the Revised Code;	29035

(B) Notices, not less than two nor more than four consecutive	29036
weeks or as provided in section 7.16 of the Revised Code;	29037

29038

Sec. 731.23. When ordinances are revised, codified,	29039
rearranged, published in book form, and certified as correct by	29040
the clerk of the legislative authority of a municipal corporation	29041
and the mayor, such publication shall be a sufficient publication,	29042
and the ordinances so published, under appropriate titles,	29043
chapters, and sections, shall be held the same in law as though	29044
they had been published in a newspaper. A new ordinance so	29045
published in book form, a summary of which has not been published	29046
as required by sections 731.21 and 731.22 of the Revised Code, and	29047
which contains entirely new matter, shall be published as required	29048
by such sections. If such revision or codification is made by a	29049
municipal corporation and contains new matter, it shall be a	29050
sufficient publication of such codification, including the new	29051
matter, to publish, in the manner required by such sections, a	29052
notice of the enactment of such codifying ordinance, containing	29053
the title of the ordinance and a summary of the new matters	29054
covered by it. Such revision and codification may be made under	29055
appropriate titles, chapters, and sections and in one ordinance	29056
containing one or more subjects.	29057

Except as provided by this section, a succinct summary of all	29058
ordinances, including emergency ordinances, shall be published in	29059
accordance with section 731.21 of the Revised Code.	29060

Sec. 731.24. Immediately after the expiration of the period	29061
of publication ~~for ordinances or~~of summaries of ordinances	29062
required by section 731.22 of the Revised Code, the clerk of the	29063
legislative authority of a municipal corporation shall enter on	29064
the record of ordinances, in a blank to be left for such purpose	29065
under the recorded ordinance, a certificate stating in which	29066
newspaper and on what dates such publication was made, and shall	29067
sign ~~his~~the clerk's name thereto officially. Such certificate	29068
shall be prima-facie evidence that legal publication of the	29069
~~ordinance or~~ summary of the ordinance was made.	29070

Sec. 731.25. ~~Notwithstanding any conflicting provision of~~	29071
~~section 7.12 of the Revised Code, in~~In municipal corporations in	29072
which no newspaper is ~~published~~generally circulated, publication	29073
of ~~ordinances and resolutions, or~~ summaries of ordinances and	29074
resolutions, and publication of all statements, orders,	29075
proclamations, notices, and reports, required by law or ordinance	29076
to be published, shall be accomplished ~~in either of the following~~	29077
~~methods, as determined by the legislative authority:~~	29078

~~(A) By~~by posting copies in not less than five of the most	29079
public places in the municipal corporation, as determined by the	29080
legislative authority, for a period of not less than fifteen days	29081
prior to the effective date thereof;	29082

~~(B) By publication in any newspaper printed in this state and~~	29083
~~of general circulation in such municipal corporation~~.	29084

Notices to bidders for the construction of public	29085
improvements and notices of the sale of bonds shall be published	29086
in ~~not more than two newspapers, printed in this state and~~a	29087
newspaper of general circulation in such municipal corporation,	29088
for the time prescribed in section 731.22 of the Revised Code.	29089

Where such publication is by posting, the clerk shall make a	29090
certificate as to such posting, and as to the times when and the	29091
places where such posting is done, in the manner provided in	29092
section 731.24 of the Revised Code, and such certificate shall be	29093
prima-facie evidence that the copies were posted as required.	29094

Sec. 735.05. The director of public service may make any	29095
contract, purchase supplies or material, or provide labor for any	29096
work under the supervision of the department of public service	29097
involving not more than twenty-five thousand dollars. When an	29098
expenditure within the department, other than the compensation of	29099
persons employed in the department, exceeds twenty-five thousand	29100
dollars, the expenditure shall first be authorized and directed by	29101
ordinance of the city legislative authority. When so authorized	29102
and directed, except where the contract is for equipment,	29103
services, materials, or supplies to be purchased under division	29104
(D) of section 713.23 or section 125.04 or 5513.01 of the Revised	29105
Code or available from a qualified nonprofit agency pursuant to	29106
sections 4115.31 to 4115.35 of the Revised Code, the director	29107
shall make a written contract with the lowest and best bidder	29108
after advertisement for not less than two nor more than four	29109
consecutive weeks in a newspaper of general circulation within the	29110
city or as provided in section 7.16 of the Revised Code.	29111

Sec. 735.20. When a whole plan, or any portion thereof, as	29112
provided in section 735.19 of the Revised Code is completed, or	29113
when the location of any avenue, street, roadway, or alley has	29114
been finally determined by the platting commissioner of a city, a	29115
plat of the plan, avenue, street, roadway, or alley shall be	29116
placed in the office of the city engineer for the inspection of	29117
persons interested, and notice that it is ready for inspection	29118
shall be published in ~~one or more newspapers,~~a newspaper of	29119
general circulation within the city, for six consecutive weeks, or	29120
as provided in section 7.16 of the Revised Code.	29121

Sec. 737.04. The legislative authority of any municipal	29122
corporation, in order to obtain police protection or to obtain	29123
additional police protection, or to allow its police officers to	29124
work in multijurisdictional drug, gang, or career criminal task	29125
forces, may enter into contracts with one or more municipal	29126
corporations, townships, township police districts, joint police	29127
districts, or county sheriffs in this state, with one or more park	29128
districts created pursuant to section 511.18 or 1545.01 of the	29129
Revised Code, with one or more port authorities, or with a	29130
contiguous municipal corporation in an adjoining state, upon any	29131
terms that are agreed upon, for services of police departments or	29132
the use of police equipment or for the interchange of services of	29133
police departments or police equipment within the several	29134
territories of the contracting subdivisions.	29135

Chapter 2744. of the Revised Code, insofar as it applies to	29136
the operation of police departments, shall apply to the	29137
contracting political subdivisions and to the police department	29138
members when they are rendering service outside their own	29139
subdivisions pursuant to the contracts.	29140

Police department members acting outside the subdivision in	29141
which they are employed, pursuant to a contract entered into under	29142
this section, shall be entitled to participate in any indemnity	29143
fund established by their employer to the same extent as while	29144
acting within the employing subdivision. Those members shall be	29145
entitled to all the rights and benefits of Chapter 4123. of the	29146
Revised Code, to the same extent as while performing service	29147
within the subdivision.	29148

The contracts may provide for:

29149

(A) A fixed annual charge to be paid at the times agreed upon	29150
and stipulated in the contract;	29151

(B) Compensation based upon:

29152

(1) A stipulated price for each call or emergency;

29153

(2) The number of members or pieces of equipment employed;

29154

(3) The elapsed time of service required in each call or	29155
emergency.	29156

(C) Compensation for loss or damage to equipment while	29157
engaged in rendering police services outside the limits of the	29158
subdivision owning and furnishing the equipment;	29159

(D) Reimbursement of the subdivision in which the police	29160
department members are employed for any indemnity award or premium	29161
contribution assessed against the employing subdivision for	29162
workers' compensation benefits for injuries or death of its police	29163
department members occurring while engaged in rendering police	29164
services pursuant to the contract.	29165

Sec. 737.041. The police department of any municipal	29166
corporation may provide police protection to any county, municipal	29167
corporation, township, or township police district, or joint	29168
police district of this state, to a park district created pursuant	29169
to section 511.18 or 1545.01 of the Revised Code, to a port	29170
authority, to any multijurisdictional drug, gang, or career	29171
criminal task force, or to a governmental entity of an adjoining	29172
state without a contract to provide police protection, upon the	29173
approval, by resolution, of the legislative authority of the	29174
municipal corporation in which the department is located and upon	29175
authorization by an officer or employee of the police department	29176
providing the police protection who is designated by title of	29177
office or position, pursuant to the resolution of the legislative	29178
authority of the municipal corporation, to give the authorization.	29179

Chapter 2744. of the Revised Code, insofar as it applies to	29180
the operation of police departments, shall apply to any municipal	29181
corporation and to members of its police department when the	29182
members are rendering police services pursuant to this section	29183
outside the municipal corporation by which they are employed.	29184

Police department members acting, as provided in this	29185
section, outside the municipal corporation by which they are	29186
employed shall be entitled to participate in any pension or	29187
indemnity fund established by their employer to the same extent as	29188
while acting within the municipal corporation by which they are	29189
employed. Those members shall be entitled to all the rights and	29190
benefits of Chapter 4123. of the Revised Code to the same extent	29191
as while performing services within the municipal corporation by	29192
which they are employed.	29193

Sec. 737.32. Except as otherwise provided in this section	29194
and unless the property involved is required to be disposed of	29195
pursuant to another section of the Revised Code, property that is	29196
unclaimed for ninety days or more shall be sold by the chief of	29197
police of the municipal corporation, marshal of the village, or	29198
licensed auctioneer at public auction, after notice of the sale	29199
has been provided by publication once a week for three successive	29200
weeks in a newspaper of general circulation in the county or as	29201
provided in section 7.16 of the Revised Code. The proceeds of the	29202
sale shall be paid to the treasurer of the municipal corporation	29203
and shall be credited to the general fund of the municipal	29204
corporation.	29205

If authorized to do so by an ordinance adopted by the	29206
legislative authority of the municipal corporation and if the	29207
property involved is not required to be disposed of pursuant to	29208
another section of the Revised Code, the chief of police or	29209
marshal may contribute property that is unclaimed for ninety days	29210
or more to one or more public agencies, to one or more nonprofit	29211
organizations no part of the net income of which inures to the	29212
benefit of any private shareholder or individual and no	29213
substantial part of the activities of which consists of carrying	29214
on propaganda or otherwise attempting to influence legislation, or	29215
to one or more organizations satisfying section 501(c)(3) or	29216
(c)(19) of the Internal Revenue Code of 1986.	29217

Sec. 737.40. (A) The legislative authority of a municipal	29218
corporation may establish, by ordinance or resolution, a voluntary	29219
motor vehicle decal registration program to be controlled by the	29220
director of public safety of the municipal corporation and	29221
conducted by the police department of the municipal corporation.	29222
The legislative authority may establish a fee for participation in	29223
the program in an amount sufficient to cover the cost of	29224
administering the program and the cost of the decals.	29225

(B) Any resident of the municipal corporation may enroll a	29226
motor vehicle that he owns in the program by signing a consent	29227
form, displaying the decal issued under this section, and paying	29228
the prescribed fee. The motor vehicle owner shall remove the decal	29229
to withdraw from the program and also prior to the sale or	29230
transfer of ownership of the vehicle. Any law enforcement officer	29231
may conduct, at any place within this state at which the officer	29232
would be permitted to arrest the person operating the vehicle, an	29233
investigatory stop of any motor vehicle displaying a decal issued	29234
under this section when the vehicle is being driven between the	29235
hours of one a.m. and five a.m. A law enforcement officer may	29236
conduct an investigatory stop under this division regardless of	29237
whether the officer observes a violation of law involving the	29238
vehicle or whether he has probable cause to believe that any	29239
violation of law involving the vehicle has occurred.	29240

(C) The consent form required under division (B) of this	29241
section shall:	29242

(1) Describe the conditions for participation in the program,	29243
including a description of an investigatory stop and a statement	29244
that any law enforcement officer may conduct, at any place within	29245
this state at which the officer would be permitted to arrest the	29246
person operating the vehicle, an investigatory stop of the motor	29247
vehicle when it is being driven between the hours of one a.m. and	29248
five a.m.	29249

(2) Contain other information identifying the vehicle and	29250
owner as the director of public safety of the municipal	29251
corporation or the chief of police considers necessary.	29252

(D) The state director of public safety, in accordance with	29253
Chapter 119. of the Revised Code, shall adopt rules governing the	29254
color, size, and design of decals issued under this section and	29255
the location where the decals shall be displayed on vehicles that	29256
are enrolled in the program.	29257

(E) Divisions (A) to (D) and (G) of this section do not	29258
require a law enforcement officer to conduct an investigatory stop	29259
of a vehicle displaying a decal issued under this section or under	29260
a program described in division (G) of this section.	29261

(F) As used in this section:

29262

(1) "Investigatory stop" means a temporary stop of a motor	29263
vehicle and its operator and occupants for purposes of determining	29264
the identity of the person who is operating the vehicle and, if	29265
the person who is operating it is not its owner, whether any	29266
violation of law has occurred or is occurring. An "investigatory	29267
stop" is not an arrest, but, if an officer who conducts an	29268
investigatory stop determines that illegal conduct has occurred or	29269
is occurring, an "investigatory stop" may be the basis for an	29270
arrest.	29271

(2) "Law enforcement officer" means a sheriff, deputy	29272
sheriff, constable, police officer of a township or joint ~~township~~	29273
police district, marshal, deputy marshal, municipal police	29274
officer, or state highway patrol trooper.	29275

(G) Any motor vehicle decal registration program that was in	29276
existence on June 1, 1993, and administered by a municipal	29277
corporation shall not be required to conform in any manner to this	29278
section and may continue to be administered in the manner in which	29279
it was administered on that date.	29280

Sec. 742.41. (A) As used in this section:

29281

(1) "Other system retirant" has the same meaning as in	29282
section 742.26 of the Revised Code.	29283

(2) "Personal history record" includes a member's, former	29284
member's, or other system retirant's name, address, telephone	29285
number, social security number, record of contributions,	29286
correspondence with the Ohio police and fire pension fund, status	29287
of any application for benefits, and any other information deemed	29288
confidential by the trustees of the fund.	29289

(B) The treasurer of state shall furnish annually to the	29290
board of trustees of the fund a sworn statement of the amount of	29291
the funds in the treasurer of state's custody belonging to the	29292
Ohio police and fire pension fund. The records of the fund shall	29293
be open for public inspection except for the following, which	29294
shall be excluded, except with the written authorization of the	29295
individual concerned:	29296

(1) The individual's personal history record;

29297

(2) Any information identifying, by name and address, the	29298
amount of a monthly allowance or benefit paid to the individual.	29299

(C) All medical reports and recommendations required are	29300
privileged, except as follows:	29301

(1) Copies of medical reports or recommendations shall be	29302
made available to the personal physician, attorney, or authorized	29303
agent of the individual concerned upon written release received	29304
from the individual or the individual's agent or, when necessary	29305
for the proper administration of the fund, to the board-assigned	29306
physician.	29307

(2) Documentation required by section 2929.193 of the Revised	29308
Code shall be provided to a court holding a hearing under that	29309
section.	29310

(D) Any person who is a member of the fund or an other system	29311
retirant shall be furnished with a statement of the amount to the	29312
credit of the person's individual account upon the person's	29313
written request. The fund need not answer more than one such	29314
request of a person in any one year.	29315

(E) Notwithstanding the exceptions to public inspection in	29316
division (B) of this section, the fund may furnish the following	29317
information:	29318

(1) If a member, former member, or other system retirant is	29319
subject to an order issued under section 2907.15 of the Revised	29320
Code or an order issued under division (A) or (B) of section	29321
2929.192 of the Revised Code or is convicted of or pleads guilty	29322
to a violation of section 2921.41 of the Revised Code, on written	29323
request of a prosecutor as defined in section 2935.01 of the	29324
Revised Code, the fund shall furnish to the prosecutor the	29325
information requested from the individual's personal history	29326
record.	29327

(2) Pursuant to a court order issued pursuant to Chapter	29328
3119., 3121., 3123., or 3125. of the Revised Code, the fund shall	29329
furnish to a court or child support enforcement agency the	29330
information required under that section.	29331

(3) At the request of any organization or association of	29332
members of the fund, the fund shall provide a list of the names	29333
and addresses of members of the fund and other system retirants.	29334
The fund shall comply with the request of such organization or	29335
association at least once a year and may impose a reasonable	29336
charge for the list.	29337

(4) Within fourteen days after receiving from the director of	29338
job and family services a list of the names and social security	29339
numbers of recipients of public assistance pursuant to section	29340
5101.181 of the Revised Code, the fund shall inform the auditor of	29341
state of the name, current or most recent employer address, and	29342
social security number of each member or other system retirant	29343
whose name and social security number are the same as that of a	29344
person whose name or social security number was submitted by the	29345
director. The fund and its employees shall, except for purposes of	29346
furnishing the auditor of state with information required by this	29347
section, preserve the confidentiality of recipients of public	29348
assistance in compliance with ~~division (A) of~~ section 5101.181 of	29349
the Revised Code.	29350

(5) The fund shall comply with orders issued under section	29351
3105.87 of the Revised Code.	29352

On the written request of an alternate payee, as defined in	29353
section 3105.80 of the Revised Code, the fund shall furnish to the	29354
alternate payee information on the amount and status of any	29355
amounts payable to the alternate payee under an order issued under	29356
section 3105.171 or 3105.65 of the Revised Code.	29357

(6) At the request of any person, the fund shall make	29358
available to the person copies of all documents, including	29359
resumes, in the fund's possession regarding filling a vacancy of a	29360
police officer employee member, firefighter employee member,	29361
police retirant member, or firefighter retirant member of the	29362
board of trustees. The person who made the request shall pay the	29363
cost of compiling, copying, and mailing the documents. The	29364
information described in this division is a public record.	29365

(7) The fund shall provide the notice required by section	29366
742.464 of the Revised Code to the prosecutor assigned to the	29367
case.	29368

(F) A statement that contains information obtained from the	29369
fund's records that is signed by the secretary of the board of	29370
trustees of the Ohio police and fire pension fund and to which the	29371
board's official seal is affixed, or copies of the fund's records	29372
to which the signature and seal are attached, shall be received as	29373
true copies of the fund's records in any court or before any	29374
officer of this state.	29375

Sec. 745.07. An ordinance passed pursuant to section 745.06	29376
of the Revised Code shall not take effect until submitted to the	29377
electors of the municipal corporation, at a special or general	29378
election held in the municipal corporation at such time as the	29379
legislative authority determines, and approved by a majority of	29380
the electors voting on it. The ordinance shall be passed by an	29381
affirmative vote of not less than a majority of the members of the	29382
legislative authority and shall be subject to the approval of the	29383
mayor as provided by law. The ordinance shall specify the form or	29384
phrasing of the question to be placed upon the ballot. Thirty	29385
days' notice of the election shall be given by publication once a	29386
week for two consecutive weeks in ~~two daily or weekly newspapers~~	29387
~~published or circulated~~a newspaper of general circulation in the	29388
municipal corporation ~~and, if~~or as provided in section 7.16 of	29389
the Revised Code. If the board of elections operates and maintains	29390
a web site, notice of the election also shall be posted on that	29391
web site for thirty days prior to the election. The notice shall	29392
contain the full form or phrasing of the question to be submitted.	29393
The clerk of the legislative authority shall certify the passage	29394
of the ordinance to the officers having control of elections in	29395
the municipal corporation, who shall cause the question to be	29396
voted on at the general or special election as specified in the	29397
ordinance.	29398

Sec. 747.05. The board of rapid transit commissioners shall	29399
have control of the expenditure of all moneys appropriated by the	29400
legislative authority of the city, received from the sale of bonds	29401
provided for in sections 747.01 to 747.13~~, inclusive,~~ of the	29402
Revised Code, or from any other source, for the purchase,	29403
construction, improvement, maintenance, equipment, or enjoyment of	29404
all such rapid transit property, but no liability shall be	29405
incurred or expenditure made unless the money required therefor is	29406
in the city treasury to the credit of the board of rapid transit	29407
commissioners' fund and not appropriated for any other purpose.	29408
Moneys to be derived from the sale of bonds, the issue of which	29409
has been authorized, shall be deemed to be in the treasury to the	29410
credit of such fund.	29411

All moneys expended for the construction and acquisition of	29412
parkways or boulevards, as authorized by such sections, shall be	29413
provided for partly by special appropriation or bond issue and	29414
partly by assessments, as specified in section 747.06 of the	29415
Revised Code, and such funds shall be separately accounted for,	29416
and such expenditure shall not be considered a part of the rapid	29417
transit expenditure authorized by this section. The board may let	29418
contracts for any part of the work to the lowest and best bidder	29419
after three weeks' advertisement in ~~two newspapers~~a newspaper of	29420
general circulation in the city or as provided in section 7.16 of	29421
the Revised Code.	29422

The board may reject any bid, and the proceedings for such	29423
contracts and payment therefor shall be the same as provided for	29424
the director of public service except the requirement of the	29425
approval of the board of control.	29426

Sec. 747.11. The board of rapid transit commissioners may	29427
grant to any corporation organized for street or interurban	29428
railway purposes the right to operate, by lease or otherwise, the	29429
depots, terminals, and railways mentioned in section 747.08 of the	29430
Revised Code upon such terms as the board is authorized by	29431
ordinance to agree upon with such corporation, subject to the	29432
approval of a majority of the electors of the city voting on the	29433
question.	29434

The board of rapid transit commissioners shall certify such	29435
lease or agreement to the board of elections, which shall then	29436
submit the question of the approval of such lease or agreement to	29437
the qualified electors of the city at either a special or general	29438
election as the ordinance specifies. Thirty days' notice of the	29439
election shall be given by publication in ~~one or more of the~~	29440
~~newspapers published~~a newspaper of general circulation in the	29441
city once a week for two consecutive weeks prior to the election,	29442
~~and, if~~or as provided in section 7.16 of the Revised Code. If the	29443
board of elections operates and maintains a web site, the board of	29444
elections shall post notice of the election for thirty days prior	29445
to the election on its web site. The notice shall set forth the	29446
terms of the lease or agreement and the time of holding the	29447
election. On the approval by a majority of the voters voting at	29448
the election, the corporation may operate such depots, terminals,	29449
and railways as provided in the lease or agreement, and	29450
corporations organized under the laws of this state for street or	29451
interurban railway purposes may lease and operate such depots,	29452
terminals, and railways.	29453

Sec. 747.12. Whenever the board of rapid transit	29454
commissioners of a city declares by resolution that real estate of	29455
the city acquired for rapid transit purposes is not needed for the	29456
proper conduct and maintenance of such rapid transit system, such	29457
real estate may be sold or leased by the board to the highest	29458
bidder after advertisement once a week for three consecutive weeks	29459
in a newspaper of general circulation within the city or as	29460
provided in section 7.16 of the Revised Code. The board may reject	29461
any bid and readvertise until all such property is sold or leased.	29462
When the board has twice so offered to sell or lease such	29463
property, and it is not sold or leased, the board may privately	29464
sell or lease it.	29465

Moneys arising from such sales or leases shall be deposited	29466
in the treasury of the city to the credit of the board of rapid	29467
transit commissioners' fund, and may be expended for the purchase,	29468
construction, improvement, maintenance, equipment, and enjoyment	29469
of the city's rapid transit property, as such board directs.	29470

Contracts, leases, deeds, bills of sale, or other instruments	29471
in writing pertaining to such sales or leases shall be executed on	29472
behalf of the city by the board, by its president and secretary.	29473

Sec. 755.16. (A) Any ~~municipal corporation, township,~~	29474
~~township park district, county, or school district~~contracting	29475
subdivision, jointly with one or more other ~~municipal~~	29476
~~corporations, townships, township park districts, counties, or~~	29477
~~school districts or with an educational service center~~contracting	29478
subdivisions, in any combination, ~~and a joint recreation district,~~	29479
may acquire property for, construct, operate, and maintain any	29480
parks, playgrounds, playfields, gymnasiums, public baths, swimming	29481
pools, indoor recreation centers, educational facilities, or	29482
community centers. Any school district or, educational service	29483
center, or state institution of higher education may provide by	29484
the erection of any school or, educational service center, or	29485
state institution of higher education building or premises, or by	29486
the enlargement of, addition to, or reconstruction or improvement	29487
of any school or, educational service center, or state institution	29488
of higher education building or premises, for the inclusion of any	29489
such parks, recreational facilities, educational facilities, and	29490
community centers to be jointly acquired, constructed, operated,	29491
and maintained. Any ~~municipal corporation, township, township park~~	29492
~~district, county, or school district~~contracting subdivision,	29493
jointly with one or more other ~~municipal corporations, townships,~~	29494
~~township park districts, counties, or school districts or with an~~	29495
~~educational service center~~contracting subdivisions, in any	29496
combination, ~~and a joint recreation district,~~ may equip, operate,	29497
and maintain those parks, recreational facilities, educational	29498
facilities, and community centers and may appropriate money for	29499
~~them~~those purposes. ~~An educational service center also may~~	29500
~~appropriate money for purposes of equipping, operating, and~~	29501
~~maintaining those parks, recreational facilities, and community~~	29502
~~centers.~~	29503

Any ~~municipal corporation, township, township park district,~~	29504
~~county, school district, or educational service center~~contracting	29505
subdivision agreeing to jointly acquire, construct, operate, or	29506
maintain parks, recreational facilities, educational facilities,	29507
and community centers pursuant to this section may contribute	29508
lands, money, other personal property, or services to the joint	29509
venture, as may be agreed upon. Any agreement shall specify the	29510
rights of the parties in any lands or personal property	29511
contributed.	29512

Any lands acquired by a township park district pursuant to	29513
Chapter 511. of the Revised Code and established as a public park	29514
or parks may be contributed to a joint venture authorized by this	29515
section. Fees may be charged in connection with the use of any	29516
recreational facilities, educational facilities, and community	29517
centers that may be constructed on those lands.	29518

(B) Any township may, jointly with a private land owner,	29519
construct, operate, equip, and maintain free public playgrounds	29520
and playfields. Any equipment provided by a township pursuant to	29521
this division shall remain township property and shall be used	29522
subject to a right of removal by the township.	29523

(C) As used in this section and in sections 755.17 and 755.18	29524
of the Revised Code:	29525

(1) "Community centers" means facilities characterized by all	29526
of the following:	29527

(a) They are acquired, constructed, operated, or maintained	29528
by ~~political~~contracting subdivisions ~~or an educational service~~	29529
~~center~~ pursuant to division (A) of this section.	29530

(b) They may be used for governmental, civic, or educational	29531
operations or purposes, or recreational activities.	29532

(c) They may be used only by the ~~entities~~contracting	29533
subdivisions that acquire, construct, operate, or maintain them or	29534
by any other person upon terms and conditions determined by those	29535
~~entities~~contracting subdivisions.	29536

(2) "Educational service center" has the same meaning as in	29537
division (A) of section 3311.05 of the Revised Code.	29538

(3) "Contracting subdivision" means a municipal corporation,	29539
township, joint recreation district, township park district,	29540
county, school district, educational service center, or state	29541
institution of higher education.	29542

(4) "School district" means any of the school districts or	29543
joint vocational school districts referred to in section 3311.01	29544
of the Revised Code.	29545

(5) "State institution of higher education" has the same	29546
meaning as in section 3345.011 of the Revised Code.	29547

Sec. 755.29. The board of park trustees, before entering	29548
into any contract for the performance of any work, the cost of	29549
which exceeds ~~ten~~twenty-five thousand dollars, shall cause plans	29550
and specifications and forms of bids to be prepared, and when	29551
adopted by the board, it shall have them printed for distribution	29552
among bidders.	29553

Sec. 755.41. When lands lying within the limits of a	29554
municipal corporation have been dedicated to or for the use of the	29555
public for parks or park lands, and where such lands have remained	29556
unimproved and unused by the public for a period of twenty-one	29557
years and there appears to be little or no possibility that such	29558
lands will be improved and used by the public, the legislative	29559
authority of a municipal corporation in which said lands are	29560
located may, by ordinance, declare such parks or park lands	29561
vacated upon the petition of a majority of the abutting	29562
freeholders. No such parks or park lands shall be vacated unless	29563
notice of the pendency and prayer of the petition is given, in a	29564
newspaper of general circulation in the municipal corporation in	29565
which such lands are situated for three consecutive weeks, or as	29566
provided in section 7.16 of the Revised Code, preceding action on	29567
such petition. No such lands shall be vacated prior to a public	29568
hearing had thereon.	29569

Sec. 755.42. Upon the vacation of parks or park lands as	29570
provided by section 755.41 of the Revised Code, the legislative	29571
authority of a municipal corporation shall offer such lands for	29572
sale at a public auction. No lands shall be sold until the	29573
legislative authority of such municipal corporation gives notice	29574
of intention to sell such lands. Such notice shall be published as	29575
provided in section 7.16 of the Revised Code or once a week for	29576
four consecutive weeks in a newspaper of general circulation in a	29577
municipal corporation in which the sale is to be had. The	29578
legislative authority of such municipal corporation or the board	29579
or officer having supervision or management of such real estate	29580
shall sell such lands to the highest and best bidder, provided	29581
that any and all bids made hereunder may be rejected.	29582

When such sale is made, the mayor or other officer of a	29583
municipal corporation in which sale is had and in which such lands	29584
are located, shall enter into a deed, conveying said lands to the	29585
purchaser thereof. At or after the time of sale, the auditor of	29586
the county shall place the lands sold hereunder on the tax	29587
duplicate of the county at a value to be established by ~~him~~the	29588
auditor as in cases where hethe auditor re-enters property which	29589
has been tax exempt on the taxable list of the county.	29590

The proceeds from the sale of lands sold pursuant to this	29591
section shall be placed in the general fund of the treasury of the	29592
municipal corporation in which such lands are located and may be	29593
disbursed as other general fund moneys.	29594

Sec. 755.43. When real estate ~~which~~that has been dedicated	29595
to or for the use of the public for parks or park lands is vacated	29596
by the legislative authority of a municipal corporation pursuant	29597
to section 755.41 of the Revised Code, and where reversionary	29598
interests have been set up in the event of the non-use of such	29599
lands for the dedicated purpose, such reversionary interests shall	29600
accelerate and vest in the holders thereof upon such vacation.	29601
Thereupon, the auditor of the county shall place the lands on the	29602
tax duplicate of the county in the names of such reversionaries as	29603
are known to and supplied by the legislative authority of the	29604
municipal corporation or the board or officer having supervision	29605
or management of such real estate. If the legislative authority of	29606
such board or officer is unable to furnish the names of such	29607
reversioners, the legislative authority of a municipal corporation	29608
shall fix a date on or before which claims to such real estate may	29609
be asserted and after which such real estate shall be sold. Notice	29610
shall be given of such date and of the sale to be held thereafter,	29611
as provided in section 7.16 of the Revised Code or once each week	29612
for four consecutive weeks in a newspaper of general circulation	29613
in the municipal corporation wherein such lands are located. In	29614
the event that no claims to such lands are asserted or found to be	29615
valid, the lands shall be sold pursuant to section 755.42 of the	29616
Revised Code, and the title of any holders of reversionary	29617
interests shall be extinguished.	29618

Nothing contained in sections 755.41, 755.42, or 755.43 of	29619
the Revised Code shall be construed as limiting any of the home	29620
rule powers conferred upon municipalities by Article XVIII of the	29621
Constitution of the State of Ohio.	29622

Sec. 759.47. Land belonging to a public cemetery and used	29623
for an approach thereto, and which is, in the judgment of a	29624
majority of the officers having control or management thereof,	29625
unnecessary for cemetery purposes, may be sold by them at public	29626
sale to the highest bidder after advertisement as provided in	29627
section 7.16 of the Revised Code or once a week for five	29628
consecutive weeks in a newspaper of general circulation within the	29629
county in which the cemetery is situated. The board of township	29630
trustees or board of cemetery trustees of a municipal corporation	29631
making such sale shall execute in the name of the township or	29632
municipal corporation owning such cemetery proper conveyances for	29633
the land so sold.	29634

Sec. 901.09. (A) The director of agriculture may employ and	29635
establish a compensation rate for seasonal produce graders and	29636
seasonal gypsy mothtrap tenders, who shall be in the unclassified	29637
civil service.	29638

(B) In lieu of employing seasonal gypsy moth tenders as	29639
provided in division (A) of this section, the director may	29640
contract with qualified individuals or entities to perform gypsy	29641
moth trapping.	29642

Sec. 924.52. (A) The Ohio grape industries committee may:

29643

(1) Conduct, and contract with others to conduct, research,	29644
including the study, analysis, dissemination, and accumulation of	29645
information obtained from the research or elsewhere, concerning	29646
the marketing and distribution of grapes and grape products, the	29647
storage, refrigeration, processing, and transportation of them,	29648
and the production and product development of grapes and grape	29649
products. The committee shall expend for these activities ~~no less~~	29650
~~than thirty per cent and~~ no more than seventy per cent of all	29651
money it receives from the Ohio grape industries fund created	29652
under section 924.54 of the Revised Code.	29653

(2) Provide the wholesale and retail trade with information	29654
relative to proper methods of handling and selling grapes and	29655
grape products;	29656

(3) Make or contract for market surveys and analyses,	29657
undertake any other similar activities that it determines are	29658
appropriate for the maintenance and expansion of present markets	29659
and the creation of new and larger markets for grapes and grape	29660
products, and make, in the name of the committee, contracts to	29661
render service in formulating and conducting plans and programs	29662
and such other contracts or agreements as the committee considers	29663
necessary for the promotion of the sale of grapes and grape	29664
products. The committee shall expend for these activities ~~no less~~	29665
~~than thirty per cent and~~ no more than seventy per cent of all	29666
money it receives from the fund.	29667

(4) Publish and distribute to producers and others	29668
information relating to the grape and grape product industries;	29669

(5) Propose to the director of agriculture for adoption,	29670
rescission, or amendment, pursuant to Chapter 119. of the Revised	29671
Code, rules necessary for the exercise of its powers and the	29672
performance of its duties;	29673

(6) Advertise for, post notices seeking, or otherwise solicit	29674
applicants to serve in administrative positions in the department	29675
of agriculture as employees who support the administrative	29676
functions of the committee. Applications shall be submitted to the	29677
committee. The committee shall select applicants that it wishes to	29678
recommend for employment and shall submit a list of the	29679
recommended applicants to the director.	29680

(B) The committee shall:

29681

(1) Promote the sale of grapes and grape products for the	29682
purpose of maintaining and expanding present markets and creating	29683
new and larger intrastate, interstate, and foreign markets for	29684
grapes and grape products, and inform the public of the uses and	29685
benefits of grapes and grape products;	29686

(2) Perform all acts and exercise all powers incidental to,	29687
in connection with, or considered reasonably necessary, proper, or	29688
advisable to effectuate the purposes of this section.	29689

Sec. 927.69. To effect the purpose of sections 927.51 to	29690
927.73 of the Revised Code, the director of agriculture or the	29691
director's authorized representative may:	29692

(A) Make reasonable inspection of any premises in this state	29693
and any property therein or thereon;	29694

(B) Stop and inspect in a reasonable manner, any means of	29695
conveyance moving within this state upon probable cause to believe	29696
it contains or carries any pest, host, commodity, or other article	29697
that is subject to sections 927.51 to 927.72 of the Revised Code;	29698

(C) Conduct inspections of agricultural products that are	29699
required by other states, the United States department of	29700
agriculture, other federal agencies, or foreign countries to	29701
determine whether the products are infested. If, upon making such	29702
an inspection, the director or the director's authorized	29703
representative determines that an agricultural product is not	29704
infested, the director or the director's authorized representative	29705
may issue a certificate, as required by other states, the United	29706
States department of agriculture, other federal agencies, or	29707
foreign countries, indicating that the product is not infested.	29708

If the director charges fees for any of the certificates,	29709
agreements, or inspections specified in this section, the fees	29710
shall be as follows:	29711

(1) ~~Phyto sanitary~~Phytosanitary certificates, twenty-five	29712
dollars for ~~those collectors or dealers that are licensed under~~	29713
~~section 927.53 of the Revised Code~~shipments comprised exclusively	29714
of nursery stock;	29715

(2) ~~Phyto sanitary~~Phytosanitary certificates, one hundred	29716
dollars for all others;	29717

(3) Phytosanitary certificates, twenty-five dollars for	29718
replacement of an issued certificate because of a mistake on the	29719
certificate or a change made by the shipper if no additional	29720
inspection is required;	29721

(4) Compliance agreements, forty dollars;

29722

~~(4)~~(5) Agricultural products and their conveyances	29723
inspections, an amount equal to the hourly rate of pay in the	29724
highest step in the pay range, including fringe benefits, of a	29725
plant pest control specialist multiplied by the number of hours	29726
worked by such a specialist in conducting an inspection.	29727

The director may adopt rules under section 927.52 of the	29728
Revised Code that define the certificates, agreements, and	29729
inspections.	29730

The fees shall be credited to the plant pest program fund	29731
created in section 927.54 of the Revised Code.	29732

Sec. 951.11. A person finding an animal at large in	29733
violation of section 951.01 or 951.02 of the Revised Code, may,	29734
and a law enforcement officer of a county, township, city, or	29735
village, on view or information, shall, take and confine such	29736
animal, forthwith giving notice thereof to the owner or keeper, if	29737
known, and, if not known, by publishing a notice describing such	29738
animal ~~at least~~ once in a newspaper of general circulation in the	29739
county, township, city, or village wherein the animal was found.	29740
If the owner or keeper does not appear and claim the animal and	29741
pay the compensation prescribed in section 951.13 of the Revised	29742
Code for so taking, advertising, and keeping it within ten days	29743
from the date of such notice, such person or the county shall have	29744
a lien therefor and the animal may be sold at public auction as	29745
provided in section 1311.49 of the Revised Code, and the residue	29746
of the proceeds of sale shall be paid and deposited by the	29747
treasurer in the general fund of the county.	29748

Sec. 955.011. (A) When an application is made for	29749
registration of an assistance dog and the owner can show proof by	29750
certificate or other means that the dog is an assistance dog, the	29751
owner of the dog shall be exempt from any fee for the	29752
registration. Registration for an assistance dog shall be	29753
permanent and not subject to annual renewal so long as the dog is	29754
an assistance dog. Certificates and tags stamped "Ohio Assistance	29755
Dog-Permanent Registration," with registration number, shall be	29756
issued upon registration of such a dog. Any certificate and tag	29757
stamped "Ohio Guide Dog-Permanent Registration" or "Ohio Hearing	29758
Dog-Permanent Registration," with registration number, that was	29759
issued for a dog in accordance with this section as it existed	29760
prior to July 4, 1984, any certificate and tag stamped "Ohio	29761
Handicapped Assistance Dog-Permanent Registration," with	29762
registration number, that was issued for a dog in accordance with	29763
this section as it existed on and after July 5, 1984, but prior to	29764
November 26, 2004, and any certificate and tag stamped "Ohio	29765
Service Dog-Permanent Registration," with registration number,	29766
that was issued for a dog in accordance with this section as it	29767
existed on and after November 26, 2004, but prior to ~~the effective~~	29768
~~date of this amendment~~June 30, 2006, shall remain in effect as	29769
valid proof of the registration of the dog on and after November	29770
26, 2004. Duplicate certificates and tags for a dog registered in	29771
accordance with this section, upon proper proof of loss, shall be	29772
issued and no fee required. Each duplicate certificate and tag	29773
that is issued shall be stamped "Ohio Assistance Dog-Permanent	29774
Registration."	29775

(B) As used in this section and in sections 955.16 and 955.43	29776
of the Revised Code:	29777

(1) "Mobility impaired person" means any person, regardless	29778
of age, who is subject to a physiological defect or deficiency	29779
regardless of its cause, nature, or extent that renders the person	29780
unable to move about without the aid of crutches, a wheelchair, or	29781
any other form of support, or that limits the person's functional	29782
ability to ambulate, climb, descend, sit, rise, or perform any	29783
related function. "Mobility impaired person" includes a person	29784
with a neurological or psychological disability that limits the	29785
person's functional ability to ambulate, climb, descend, sit,	29786
rise, or perform any related function. "Mobility impaired person"	29787
also includes a person with a seizure disorder and a person who is	29788
diagnosed with autism.	29789

(2) "Blind" means either of the following:

29790

(a) Vision twenty/two hundred or less in the better eye with	29791
proper correction;	29792

(b) Field defect in the better eye with proper correction	29793
that contracts the peripheral field so that the diameter of the	29794
visual field subtends an angle no greater than twenty degrees.	29795

(3) "Assistance dog" means a guide dog, hearing dog, or	29796
service dog that has been trained by a nonprofit special agency.	29797

(4) "Guide dog" means a dog that has been trained or is in	29798
training to assist a blind person.	29799

(5) "Hearing dog" means a dog that has been trained or is in	29800
training to assist a deaf or hearing-impaired person.	29801

(6) "Service dog" means a dog that has been trained or is in	29802
training to assist a mobility impaired person.	29803

Sec. 955.012. (A) As used in this section:

29804

(1) "Controlled substance" has the same meaning as in section	29805
3719.01 of the Revised Code.	29806

(2) "Law enforcement agency" means the state highway patrol,	29807
the office of a county sheriff, the police department of a	29808
municipal corporation or township, or a township or joint ~~township~~	29809
police district.	29810

(3) "Law enforcement canine" means a dog regularly utilized	29811
by a law enforcement agency for general law enforcement purposes,	29812
tracking, or detecting the presence of a controlled substance or	29813
explosive.	29814

(B) Instead of obtaining an annual registration under section	29815
955.01 of the Revised Code, a law enforcement agency owning,	29816
keeping, or harboring a law enforcement canine may obtain an	29817
annual registration for the dog as a law enforcement canine under	29818
this section. The application for a law enforcement canine	29819
registration shall be submitted to the county auditor of the	29820
county in which the central office of the law enforcement agency	29821
that owns, keeps, or harbors the dog is located, except that for a	29822
dog owned, kept, or harbored by the state highway patrol, the	29823
application shall be submitted to the county auditor of the county	29824
in which is located the state highway patrol post to which the dog	29825
and its handler primarily are assigned. The application shall be	29826
submitted on or after the first day of December immediately	29827
preceding the beginning of the registration year and before the	29828
thirty-first day of January of that year. If the period for filing	29829
registration applications under division (A)(1) of section 955.01	29830
of the Revised Code is extended in the county in which a law	29831
enforcement canine is to be registered, an application for	29832
registration under this section shall be submitted to the county	29833
auditor not later than the registration deadline for that year, as	29834
so extended.	29835

The application for registration of a law enforcement canine	29836
shall state the age, sex, hair color, character of hair, whether	29837
short or long, and breed, if known, of the dog, the name and	29838
address of the owner of the dog, and, if the law enforcement	29839
agency keeping or harboring the dog is different from the owner,	29840
the name of that law enforcement agency. For a dog owned, kept, or	29841
harbored by the police department of a municipal corporation or	29842
township or by a township or joint ~~township~~ police district, the	29843
application shall be signed by the chief of the police department	29844
or district. For a dog owned, kept, or harbored by the office of a	29845
county sheriff, the application shall be signed by the sheriff.	29846
For a dog owned, kept, or harbored by the state highway patrol,	29847
the application shall be signed by the officer in charge of the	29848
post of the state highway patrol to which the dog and its handler	29849
primarily are assigned. The application shall include a	29850
certification by the chief of the police department or district,	29851
sheriff, or officer of the state highway patrol post, as	29852
applicable, that the dog described in the application has been	29853
properly trained to carry out one or more of the purposes	29854
described in division (A)(3) of this section and actually is used	29855
for one or more of those purposes by the law enforcement agency	29856
making the application.	29857

No fee is required for issuance of a law enforcement canine	29858
registration. Upon proper proof of loss, a duplicate certificate	29859
and tag shall be issued for a dog registered under this section,	29860
and no fee shall be required.	29861

If an application for registration of a law enforcement	29862
canine is not filed under this section on or before the	29863
thirty-first day of January of the registration year, or the	29864
extended registration deadline established under division (A)(1)	29865
of section 955.01 of the Revised Code, as applicable, the law	29866
enforcement canine shall be registered under that section, and the	29867
registration fee and late registration penalty applicable under	29868
divisions (A) and (B) of that section shall accompany the	29869
application.	29870

(C) If a law enforcement agency becomes the owner, keeper, or	29871
harborer of a law enforcement canine or brings a law enforcement	29872
canine into the state after the thirty-first day of January of a	29873
registration year or the extended registration deadline	29874
established under division (A)(1) of section 955.01 of the Revised	29875
Code, as applicable, the law enforcement agency, within thirty	29876
days after becoming the owner, keeper, or harborer or bringing the	29877
dog into the state, may submit an application for registration of	29878
the dog under this section. Upon submission of the application,	29879
the law enforcement agency shall be issued such a registration in	29880
the manner provided in division (B) of this section. If such an	29881
application is not filed within the thirty-day period, the dog	29882
shall be registered under section 955.05 of the Revised Code, and	29883
the registration fee and late registration penalty applicable	29884
under that section or section 955.06 of the Revised Code shall	29885
accompany the application.	29886

Sec. 1309.528. ~~(A)~~ All fees collected by the secretary of	29887
state for filings under Title XIII or XVII of the Revised Code	29888
shall be deposited into the state treasury to the credit of the	29889
corporate and uniform commercial code filing fund, which is hereby	29890
created. All moneys credited to the fund~~, subject to division (B)~~	29891
~~of this section,~~ shall be used for the purpose of paying for the	29892
operations of the office of the secretary of state and for the	29893
purpose of paying for expenses relating to the processing of	29894
filings under Title XIII or XVII of the Revised Code.	29895

~~(B) There is hereby created in the state treasury the~~	29896
~~secretary of state business technology fund. One per cent of the~~	29897
~~money credited to the corporate and uniform commercial code filing~~	29898
~~fund created in division (A) of this section shall be transferred~~	29899
~~to the credit of this fund. All moneys credited to this fund shall~~	29900
~~be used only for the upkeep, improvement, or replacement of~~	29901
~~equipment, or for the purpose of training employees in the use of~~	29902
~~equipment, used to conduct business of the secretary of state's~~	29903
~~office under Title XIII or XVII of the Revised Code.~~	29904

Sec. 1327.46. ~~(A)~~As used in sections 1327.46 to 1327.61 of	29905
the Revised Code:	29906

(A) "Weights and measures" means all weights and measures of	29907
every kind, instruments and devices for weighing and measuring,	29908
and any appliances and accessories associated with any such	29909
instruments and devices, except that ~~the term~~"weights and	29910
measures" shall not be construed to include meters for the	29911
measurement of electricity, gas, whether natural or manufactured,	29912
or water when the same are operated in a public utility system.	29913
Such electricity, gas, and water meters, and appliances or	29914
accessories associated therewith, are specifically excluded from	29915
the purview of the weights and measures laws.	29916

(B) "Intrastate commerce" means all commerce or trade that is	29917
begun, carried on, and completed wholly within the limits of this	29918
state, and "introduced into intrastate commerce" defines the time	29919
and place in which the first sale and delivery of a commodity is	29920
made within the state, the delivery being made either directly to	29921
the purchaser or to a common carrier for shipment to the	29922
purchaser.	29923

(C) "Package" means any commodity put up or packaged in any	29924
manner in advance of sale in units suitable for either wholesale	29925
or retail sale.	29926

(D) "Consumer package" means a package that is customarily	29927
produced or distributed for sale through a retail sales agency for	29928
consumption by an individual or use by an individual.	29929

(E) "Weight" as used in connection with any commodity means	29930
net weight.	29931

(F) "Correct" as used in connection with weights and measures	29932
means conformity with all applicable requirements of sections	29933
1327.46 to 1327.61 of the Revised Code and rules adopted pursuant	29934
to those sections.	29935

(G) "Primary standards" means the physical standards of the	29936
state that serve as the legal reference from which all other	29937
standards and weights and measures are derived.	29938

(H) "Secondary standards" means the physical standards that	29939
are traceable to the primary standards through comparisons, using	29940
acceptable laboratory procedures, and used in the enforcement of	29941
weights and measures laws and rules.	29942

(I) "Sale from bulk" means the sale of commodities when the	29943
quantity is determined at the time of sale.	29944

(J) "Net weight" means the weight of a commodity, excluding	29945
any materials, substances, or items not considered to be a part of	29946
the commodity. Materials, substances, or items not considered to	29947
be part of the commodity include, but are not limited to,	29948
containers, conveyances, bags, wrappers, packaging materials,	29949
labels, individual piece coverings, decorative accompaniments, and	29950
coupons.	29951

(K) "Random weight package" means a package that is one of a	29952
lot, shipment, or delivery of packages of the same commodity with	29953
no fixed pattern of weights.	29954

(L) "Sold" includes keeping, offering, or exposing for sale.

29955

(M) "Commercially used weighing and measuring device" means a	29956
device described in the national institute of standards and	29957
technology handbook 44 or its supplements and revisions and any	29958
other weighing and measuring device designated by rules adopted	29959
under division (C) of section 1327.50 of the Revised Code.	29960
"Commercially used weighing and measuring device" includes, but is	29961
not limited to, a livestock scale, vehicle scale, railway scale,	29962
vehicle tank meter, bulk rack meter, and LPG meter.	29963

(N) "Livestock scale" means a scale equipped with stock racks	29964
and gates that is adapted to weighing livestock standing on the	29965
scale platform.	29966

(O) "Vehicle scale" means a scale that is adapted to weighing	29967
highway, farm, or other large industrial vehicles other than	29968
railroad cars.	29969

(P) "Railway scale" means a rail scale that is designed to	29970
weigh railroad cars.	29971

(Q) "Vehicle tank meter" means a vehicle mounted device that	29972
is designed for the measurement and delivery of liquid products	29973
from a tank.	29974

(R) "Bulk rack meter" means a wholesale device, usually	29975
mounted on a rack, that is designed for the measurement and	29976
delivery of liquid products.	29977

(S) "LPG meter" means a system, including a mechanism or	29978
machine of the meter type, that is designed to measure and deliver	29979
liquefied petroleum gas in the liquid state by a definite quantity	29980
whether installed in a permanent location or mounted on a vehicle.	29981

Sec. 1327.50. The director of agriculture shall:

29982

(A) Maintain traceability of the state standards to those of	29983
the national institute of standards and technology;	29984

(B) Enforce sections 1327.46 to 1327.61 of the Revised Code;

29985

(C) Issue reasonable rules for the uniform enforcement of	29986
sections 1327.46 to 1327.61 of the Revised Code, which rules shall	29987
have the force and effect of law;	29988

(D) Establish standards of weight, measure, or count,	29989
reasonable standards of fill, and standards for the voluntary	29990
presentation of cost per unit information for any package;	29991

(E) Grant any exemptions from sections 1327.46 to 1327.61 of	29992
the Revised Code, or any rules adopted under those sections, when	29993
appropriate to the maintenance of good commercial practices in the	29994
state;	29995

(F) Conduct investigations to ensure compliance with sections	29996
1327.46 to 1327.61 of the Revised Code;	29997

(G) Delegate to appropriate personnel any of these	29998
responsibilities for the proper administration of the director's	29999
office;	30000

(H) Test as often as is prescribed by rule the standards of	30001
weight and measure used by any municipal corporation or county	30002
within the state, and approve the same when found to be correct;	30003

(I) Inspect and test weights and measures ~~kept, offered, or~~	30004
~~exposed for sale~~that are sold;	30005

(J) Inspect and test to ascertain if they are correct,	30006
weights and measures commercially used either:	30007

(1) In determining the weight, measure, or count of	30008
commodities or things sold~~, or offered or exposed for sale,~~ on the	30009
basis of weight, measure, or count;	30010

(2) In computing the basic charge or payment for goods or	30011
services rendered on the basis of weight, measure, or count.	30012

(K) Test all weights and measures used in checking the	30013
receipt or disbursement of supplies in every institution, for the	30014
maintenance of which funds are appropriated by the general	30015
assembly;	30016

(L) Approve for use, and may mark, such weights and measures	30017
as the director finds to be correct, and shall reject and mark as	30018
rejected such weights and measures as the director finds to be	30019
incorrect. Weights and measures that have been rejected may be	30020
seized if not corrected within the time specified or if used or	30021
disposed of in a manner not specifically authorized, and may be	30022
condemned and seized if found to be incorrect and not capable of	30023
being made correct.	30024

(M) Weigh, measure, or inspect packaged commodities ~~kept,~~	30025
~~offered, or exposed for sale,~~that are sold, or in the process of	30026
delivery to determine whether they contain the amounts represented	30027
and whether they are ~~kept, offered, or exposed for sale~~sold in	30028
accordance with sections 1327.46 to 1327.61 of the Revised Code or	30029
rules adopted under those sections. In carrying out this section,	30030
the director shall employ recognized sampling procedures, such as	30031
those designated in the national institute of standards and	30032
technology handbook 133 "checking the net contents of packaged	30033
goods."	30034

(N) Prescribe by rule the appropriate term or unit of weight	30035
or measure to be used, whenever the director determines in the	30036
case of a specific commodity that an existing practice of	30037
declaring the quantity by weight, measure, numerical count, or	30038
combination thereof, does not facilitate value comparisons by	30039
consumers, or offers an opportunity for consumer confusion;	30040

(O) Allow reasonable variations from the stated quantity of	30041
contents, which shall include those caused by unavoidable	30042
deviations in good manufacturing practice and by loss or gain of	30043
moisture during the course of good distribution practice, only	30044
after the commodity has entered intrastate commerce;	30045

(P) Provide for the weights and measures training of	30046
inspector personnel and establish minimum training requirements,	30047
which shall be met by all inspector personnel, whether county,	30048
municipal, or state;	30049

(Q) Prescribe the methods of tests and inspections to be	30050
employed in the enforcement of sections 1327.46 to 1327.61 of the	30051
Revised Code. The director may prescribe the official test and	30052
inspection forms to be used.	30053

(R) Provide by rule for voluntary registration with the	30054
director of private weighing and measuring device servicing	30055
agencies, and personnel;	30056

(S) In conjunction with the national institute of standards	30057
and technology, operate a type evaluation program for	30058
certification of weighing and measuring devices as part of the	30059
national type evaluation program. The director shall establish a	30060
schedule of fees for services rendered by the department of	30061
agriculture for type evaluation services. The director may require	30062
any weighing or measuring instrument or device to be traceable to	30063
a national type evaluation program certificate of conformance	30064
prior to use for commercial or law enforcement purposes.	30065

Sec. 1327.501. (A) No person shall operate in this state a	30066
commercially used weighing and measuring device that provides the	30067
final quantity and final cost of a transaction and for which a fee	30068
is established in division (G) of this section unless the operator	30069
of the device obtains a permit issued by the director of	30070
agriculture or the director's designee.	30071

(B) An application for a permit shall be submitted to the	30072
director on a form that the director prescribes and provides. The	30073
applicant shall include with the application any information that	30074
is specified on the application form as well as the application	30075
fee established in this section.	30076

(C) Upon receipt of a completed application and the required	30077
fee from an applicant, the director or the director's designee	30078
shall issue or deny the permit to operate the commercially used	30079
weighing and measuring device that was the subject of the	30080
application.	30081

(D) A permit issued under this section expires on the	30082
thirtieth day of June of the year following its issuance and may	30083
be renewed annually on or before the first day of July of that	30084
year upon payment of a permit renewal fee established in this	30085
section.	30086

(E) If a permit renewal fee is more than sixty days past due,	30087
the director may assess a late penalty in an amount established	30088
under this section.	30089

(F) The director shall do both of the following:

30090

(1) Establish procedures and requirements governing the	30091
issuance or denial of permits under this section;	30092

(2) Establish late penalties to be assessed for the late	30093
payment of a permit renewal fee and fees for the replacement of	30094
lost or destroyed permits.	30095

(G) An applicant for a permit to operate under this section	30096
shall pay an application fee in the following applicable amount:	30097

(1) Seventy-five dollars for a livestock scale;

30098

(2) Seventy-five dollars for a vehicle scale;

30099

(3) Seventy-five dollars for a railway scale;

30100

(4) Seventy-five dollars for a vehicle tank meter;

30101

(5) Seventy-five dollars for a bulk rack meter;

30102

(6) Seventy-five dollars for a LPG meter.

30103

A person who is issued a permit under this section and who	30104
seeks to renew that permit shall pay an annual permit renewal fee.	30105
The amount of a permit renewal fee shall be equal to the	30106
application fee for that permit established in this division.	30107

(H) All money collected through the payment of fees and the	30108
imposition of penalties under this section shall be credited to	30109
the metrology and scale certification and device permitting fund	30110
created in section 1327.511 of the Revised Code.	30111

Sec. 1327.51. (A) When necessary for the enforcement of	30112
sections 1327.46 to 1327.61 of the Revised Code or rules adopted	30113
pursuant thereto, the director of agriculture and any weights and	30114
measures official acting under the authority of section 1327.52 of	30115
the Revised Code may do any of the following:	30116

(1) Enter any commercial premises during normal business	30117
hours, except that in the event such premises are not open to the	30118
public, hethe director or official shall first present ~~his~~the	30119
director's or official's credentials and obtain consent before	30120
making entry thereto, unless a search warrant previously has been	30121
obtained;	30122

(2) Issue stop-use, hold, and removal orders with respect to	30123
any weights and measures commercially used, and stop-sale, hold,	30124
and removal orders with respect to any packaged commodities or	30125
bulk commodity observed to be or believed to be ~~kept, offered, or~~	30126
~~exposed for sale~~sold;	30127

(3) Seize for use as evidence any incorrect or unapproved	30128
weight or measure or any package or commodity found to be used,	30129
retained, ~~offered or exposed for sale,~~ or sold in violation of	30130
sections 1327.46 to 1327.61 of the Revised Code or rules	30131
~~promulgated~~adopted pursuant thereto.	30132

(B) The director shall afford an opportunity for a hearing in	30133
accordance with Chapter 119. of the Revised Code to any owner or	30134
operator whose property is seized by the ~~Ohio~~ department of	30135
agriculture.	30136

Sec. 1327.511. All money collected under ~~section~~sections	30137
1327.50 and 1327.501 of the Revised Code from fees and for	30138
services rendered by the department of agriculture in operating	30139
the type evaluation program, a metrology laboratory program, and	30140
the device permitting program shall be deposited in the state	30141
treasury to the credit of the metrology and scale certification	30142
and device permitting fund, which is hereby created. Money	30143
credited to the fund shall be used to pay operating costs incurred	30144
by the department in administering the ~~program~~programs.	30145

Sec. 1327.54. No person shall misrepresent the price of any	30146
commodity or service sold~~, offered, exposed,~~ or advertised for	30147
sale by weight, measure, or count, nor represent the price in any	30148
manner calculated or tending to mislead or in any way deceive a	30149
person.	30150

Sec. 1327.57. (A) Except as otherwise provided by law, any	30151
consumer package or commodity in package form introduced or	30152
delivered for introduction into or received in intrastate	30153
commerce~~, kept for the purpose of sale, or offered~~ or ~~exposed for~~	30154
~~sale~~sold in intrastate commerce shall bear on the outside of the	30155
package a definite, plain, and conspicuous declaration, as may be	30156
prescribed by rule adopted by the director of agriculture, of any	30157
of the following, as applicable:	30158

(1) The identity of the commodity in the package unless the	30159
same can easily be identified through the wrapper or container;	30160

(2) The net quantity of the contents in terms of weight,	30161
measure, or count;	30162

(3) In the case of any package ~~kept, or offered or exposed~~	30163
~~for sale, or~~ sold at any place other than on the premises where	30164
packed, the name and place of business of the manufacturer,	30165
packer, or distributor.	30166

This section does not apply to beer or intoxicating liquor as	30167
defined in section 4301.01 of the Revised Code, or packages	30168
thereof, or to malt or brewer's wort, or packages thereof.	30169

(B) Under division (A)(2) of this section, neither the	30170
qualifying term "when packed" or any words of similar import, nor	30171
any term qualifying a unit of weight, measure, or count that tends	30172
to exaggerate the amount of commodity in a package, shall be used.	30173

(C) In addition to the declarations required by division (A)	30174
of this section, any package or commodity in package form, if the	30175
package is one of a lot containing random weights, measures, or	30176
counts of the same commodity and bears the total selling price of	30177
the package, shall bear on the outside of the package a plain and	30178
conspicuous declaration of the price per single unit of weight,	30179
measure, or count.	30180

(D) No package or commodity in package form shall be so	30181
wrapped, nor shall it be in a container so made, formed, or	30182
filled, as to mislead the purchaser as to the quantity of the	30183
contents of the package, and the contents of a container shall not	30184
fall below any reasonable standard of fill that may have been	30185
prescribed for the commodity in question by the director.	30186

Sec. 1327.62. Whenever the director of agriculture, or ~~his~~	30187
the director's designee, has cause to believe that any person has	30188
violated, or is violating~~, section~~any provision of sections	30189
~~1327.54 or~~1327.46 to 1327.61 of the Revised Code or a rule	30190
adopted under them, hethe director, or ~~his~~the director's	30191
designee, may conduct a hearing in accordance with Chapter 119. of	30192
the Revised Code to determine whether a violation has occurred. If	30193
the director or ~~his~~the director's designee determines that the	30194
person has violated or is violating ~~section 1327.54 or~~any	30195
provision of sections 1327.46 to 1327.61 of the Revised Code or a	30196
rule adopted under it, hethe director or the director's designee	30197
may assess a civil penalty against the person. The person is	30198
liable for a civil penalty of not more than five hundred dollars	30199
for a first violation; for a second violation the person is liable	30200
for a civil penalty of not more than two thousand five hundred	30201
dollars; for each subsequent violation that occurs within five	30202
years after the second violation, the person is liable for a civil	30203
penalty of not more than ten thousand dollars.	30204

Any person assessed a civil penalty under this section shall	30205
pay the amount prescribed to the department of agriculture. The	30206
department shall remit all moneys collected under this section to	30207
the treasurer of state for deposit in the general revenue fund.	30208

Sec. 1327.99. Whoever violates section 1327.501 or 1327.54	30209
or division (A), (B), (C), or (D) of section 1327.61 of the	30210
Revised Code or a rule adopted under sections 1327.46 to 1327.61	30211
of the Revised Code is guilty of a misdemeanor of the second	30212
degree on a first offense; on each subsequent offense within seven	30213
years after the first offense, such person is guilty of a	30214
misdemeanor of the first degree.	30215

Sec. 1329.04. Registration of a trade name or report of a	30216
fictitious name, under sections 1329.01 to 1329.10 of the Revised	30217
Code, shall be effective for a term of five years from the date of	30218
registration or report. Upon application filed within six months	30219
prior to the expiration of such term, on a form furnished by the	30220
secretary of state, the registration or report may be renewed at	30221
the end of each five-year period for a like term, provided that a	30222
general partnership shall renew its registration or report	30223
whenever any partner named on its registration or report ceases to	30224
be a partner. Such a renewal shall extend the registration or	30225
report for five years, unless further changes occur in the	30226
interim. The renewal fee specified in division (S)(3) of section	30227
111.16 of the Revised Code, payable to the secretary of state,	30228
shall accompany the application for renewal of the registration or	30229
report.	30230

The secretary of state shall notify persons who have	30231
registered trade names or reported fictitious names, within the	30232
six months next preceding the expiration of the five years from	30233
the date of registration or report, of the necessity of renewal by	30234
~~writing~~ordinary or electronic mail to the last known physical or	30235
electronic mail address of such persons.	30236

Sec. 1329.42. A person who uses in this state a name, mark,	30237
or device to indicate ownership of articles or supplies may file	30238
in the office of the secretary of state, on a form to be	30239
prescribed by the secretary of state, a verified statement setting	30240
forth, but not limited to, the following information:	30241

(A) The name and business address of the person filing the	30242
statement; and, if a corporation, the state of incorporation;	30243

(B) The nature of the business of the applicant;

30244

(C) The type of articles or supplies in connection with which	30245
the name, mark, or device is used.	30246

The statement shall include or be accompanied by a specimen	30247
evidencing actual use of the name, mark, or device, together with	30248
the filing fee specified in division (U)(1) of section 111.16 of	30249
the Revised Code. The registration of a name, mark, or device	30250
pursuant to this section is effective for a ten-year period	30251
beginning on the date of registration. If an application for	30252
renewal is filed within six months prior to the expiration of the	30253
ten-year period on a form prescribed by the secretary of state,	30254
the registration may be renewed at the end of each ten-year period	30255
for an additional ten-year period. The renewal fee specified in	30256
division (U)(2) of section 111.16 of the Revised Code shall	30257
accompany the application for renewal. The secretary of state	30258
shall notify a registrant within the six months next preceding the	30259
expiration of ten years from the date of registration of the	30260
necessity of renewal by ~~writing~~ordinary or electronic mail to the	30261
last known physical or electronic mail address of the registrant.	30262

Sec. 1332.24. (A)(1) In accordance with section 1332.25 of	30263
the Revised Code, the director of commerce may issue to any	30264
person, or renew, a video service authorization, which	30265
authorization confers on the person the authority, subject to	30266
sections 1332.21 to 1332.34 of the Revised Code, to provide video	30267
service in its video service area; construct and operate a video	30268
service network in, along, across, or on public rights-of-way for	30269
the provision of video service; and, when necessary to provide	30270
that service, exercise the power of a telephone company under	30271
section 4931.04 of the Revised Code. The term of a video service	30272
authorization or authorization renewal shall be ten years.	30273

(2) For the purposes of the "Cable Communications Policy Act	30274
of 1984," Pub. L. No. 98-549, 98 Stat. 2779, 47 U.S.C. 521 et	30275
seq., a video service authorization shall constitute a franchise	30276
under that law, and the director shall be the sole franchising	30277
authority under that law for video service authorizations in this	30278
state.	30279

(3) The director may impose upon and collect an annual	30280
assessment on video service providers. All money collected under	30281
division (A)(3) of this section shall be deposited in the state	30282
treasury to the credit of the ~~division of administration~~video	30283
service authorization fund created under section ~~121.08~~1332.25	30284
of the Revised Code. The total amount assessed in a fiscal year	30285
shall not exceed the lesser of four hundred fifty thousand dollars	30286
or, as shall be determined annually by the director, the	30287
department's actual, current fiscal year administrative costs in	30288
carrying out its duties under sections 1332.21 to 1332.34 of the	30289
Revised Code. The director shall allocate that total amount	30290
proportionately among the video service providers to be assessed,	30291
using a formula based on subscriber counts as of the thirty-first	30292
day of December of the preceding calendar year, which counts shall	30293
be submitted to the director not later than the thirty-first day	30294
of January of each year, via a notarized statement signed by an	30295
authorized officer. Any information submitted by a video service	30296
provider to the director for the purpose of determining subscriber	30297
counts shall be considered trade secret information, shall not be	30298
disclosed except by court order, and shall not constitute a public	30299
record under section 149.43 of the Revised Code. On or about the	30300
first day of June of each year, the director shall send to each	30301
video service provider to be assessed written notice of its	30302
proportional amount of the total assessment. The provider shall	30303
pay that amount on a quarterly basis not later than forty-five	30304
days after the end of each calendar quarter. After the initial	30305
assessment, the director annually shall reconcile the amount	30306
collected with the total, current amount assessed pursuant to this	30307
section, and either shall charge each assessed video service	30308
provider its respective proportion of any insufficiency or	30309
proportionately credit the provider's next assessment for any	30310
excess collected.	30311

(B)(1) The director may investigate alleged violations of or	30312
failures to comply with division (A) of section 1332.23, division	30313
(A) of this section, division (C) of section 1332.25, division (C)	30314
or (D) of section 1332.26, division (A), (B), or (C) of section	30315
1332.27, division (A) of section 1332.28, division (A) or (B) of	30316
section 1332.29, or section 1332.30 or 1332.31 of the Revised	30317
Code, or complaints concerning any such violation or failure.	30318
Except as provided in this section, the director has no authority	30319
to regulate video service in this state, including, but not	30320
limited to, the rates, terms, or conditions of that service.	30321

(2) In conducting an investigation under division (B)(1) of	30322
this section, the director, by subpoena, may compel witnesses to	30323
testify in relation to any matter over which the director has	30324
jurisdiction and may require the production of any book, record,	30325
or other document pertaining to that matter. If a person fails to	30326
file any statement or report, obey any subpoena, give testimony,	30327
produce any book, record, or other document as required by a	30328
subpoena, or permit photocopying of any book, record, or other	30329
document subpoenaed, the court of common pleas of any county in	30330
this state, upon application made to it by the director, shall	30331
compel obedience by attachment proceedings for contempt, as in the	30332
case of disobedience of the requirements of a subpoena issued from	30333
the court or a refusal to testify.	30334

(C)(1) If the director finds that a person has violated or	30335
failed to comply with division (A) of section 1332.23, division	30336
(A) of this section, division (C) of section 1332.25, division (C)	30337
or (D) of section 1332.26, division (A), (B), or (C) of section	30338
1332.27, division (A) of section 1332.28, division (A) or (B) of	30339
section 1332.29, or section 1332.30 or 1332.31 of the Revised	30340
Code, and the person has failed to cure the violation or failure	30341
after reasonable, written notice and reasonable time to cure, the	30342
director may do any of the following:	30343

(a) Apply to the court of common pleas of any county in this	30344
state for an order enjoining the activity or requiring compliance.	30345
Such an action shall be commenced not later than three years after	30346
the date the alleged violation or failure occurred or was	30347
reasonably discovered. Upon a showing by the director that the	30348
person has engaged in a violation or failure to comply, the court	30349
shall grant an injunction, restraining order, or other appropriate	30350
relief.	30351

(b) Enter into a written assurance of voluntary compliance	30352
with the person;	30353

(c) Pursuant to an adjudication under Chapter 119. of the	30354
Revised Code, assess a civil penalty in an amount determined by	30355
the director, including for any failure to comply with an	30356
assurance of voluntary compliance under division (C)(1)(b) of this	30357
section. The amount shall be not more than one thousand dollars	30358
for each day of violation or noncompliance, not to exceed a total	30359
of ten thousand dollars, counting all subscriber impacts as a	30360
single violation or act of noncompliance. In determining whether a	30361
civil penalty is appropriate under division (C)(1)(c) of this	30362
section, the director shall consider all of the following factors:	30363

(i) The seriousness of the noncompliance;

30364

(ii) The good faith efforts of the person to comply;

30365

(iii) The person's history of noncompliance;

30366

(iv) The financial resources of the person;

30367

(v) Any other matter that justice requires.

30368

Civil penalties collected pursuant to division (C)(1)(c) of	30369
this section shall be deposited to the credit of the video service	30370
enforcement fund in the state treasury, which is hereby created,	30371
to be used by the department of commerce in carrying out its	30372
duties under this section.	30373

(2) Pursuant to an adjudication under Chapter 119. of the	30374
Revised Code, the director may revoke, in whole or in part, the	30375
video service authorization of any person that has repeatedly and	30376
knowingly violated or failed to comply with division (A) of	30377
section 1332.23, division (A) of this section, division (C) of	30378
section 1332.25, division (C) or (D) of section 1332.26, division	30379
(A), (B), or (C) of section 1332.27, division (A) of section	30380
1332.28, division (A) or (B) of section 1332.29, or section	30381
1332.30 or 1332.31 of the Revised Code and that has failed to cure	30382
the violations or noncompliances after reasonable written notice	30383
and reasonable time to cure. Such person acts knowingly,	30384
regardless of the person's purpose, when the person is aware that	30385
the person's conduct will probably cause a certain result or will	30386
probably be of a certain nature. A person has knowledge of	30387
circumstances when the person is aware that such circumstances	30388
probably exist.	30389

(3) The court shall conduct a de novo review in any appeal	30390
from an adjudication under division (C)(1)(c) or (C)(2) of this	30391
section.	30392

(D) The public utilities commission has no authority over a	30393
video service provider in its offering of video service or a cable	30394
operator in its offering of cable or video service, or over any	30395
person in its offering of video service pursuant to a competitive	30396
video service agreement.	30397

Sec. 1345.73. It(A) Except as provided in division (B) of	30398
this section, it shall be presumed that a reasonable number of	30399
attempts have been undertaken by the manufacturer, its dealer, or	30400
its authorized agent to conform a motor vehicle to any applicable	30401
express warranty if, during the period of one year following the	30402
date of original delivery or during the first eighteen thousand	30403
miles of operation, whichever is earlier, any of the following	30404
apply:	30405

~~(A)~~(1) Substantially the same nonconformity has been subject	30406
to repair three or more times and either continues to exist or	30407
recurs;	30408

~~(B)~~(2) The vehicle is out of service by reason of repair for	30409
a cumulative total of thirty or more calendar days;	30410

~~(C)~~(3) There have been eight or more attempts to repair any	30411
nonconformity;	30412

~~(D)~~(4) There has been at least one attempt to repair a	30413
nonconformity that results in a condition that is likely to cause	30414
death or serious bodily injury if the vehicle is driven, and the	30415
nonconformity either continues to exist or recurs.	30416

(B)(1) Any period of time described in division (A) of this	30417
section shall be extended by any period of time during which the	30418
vehicle could not be reasonably repaired due to war, invasion,	30419
civil unrest, strike, fire, flood, or natural disaster.	30420

(2) If an extension of time is necessitated under division	30421
(B)(1) of this section due to the conditions described in that	30422
division, the manufacturer shall arrange for the use of a vehicle	30423
for the consumer whose vehicle is out of service at no cost to the	30424
consumer. If the manufacturer utilizes or contracts with a motor	30425
vehicle dealer or other third party to provide the vehicle, the	30426
manufacturer shall reimburse the motor vehicle dealer or other	30427
third party at a reasonable rate for the use of the vehicle.	30428

Sec. 1347.08. (A) Every state or local agency that maintains	30429
a personal information system, upon the request and the proper	30430
identification of any person who is the subject of personal	30431
information in the system, shall:	30432

(1) Inform the person of the existence of any personal	30433
information in the system of which the person is the subject;	30434

(2) Except as provided in divisions (C) and (E)(2) of this	30435
section, permit the person, the person's legal guardian, or an	30436
attorney who presents a signed written authorization made by the	30437
person, to inspect all personal information in the system of which	30438
the person is the subject;	30439

(3) Inform the person about the types of uses made of the	30440
personal information, including the identity of any users usually	30441
granted access to the system.	30442

(B) Any person who wishes to exercise a right provided by	30443
this section may be accompanied by another individual of the	30444
person's choice.	30445

(C)(1) A state or local agency, upon request, shall disclose	30446
medical, psychiatric, or psychological information to a person who	30447
is the subject of the information or to the person's legal	30448
guardian, unless a physician, psychiatrist, or psychologist	30449
determines for the agency that the disclosure of the information	30450
is likely to have an adverse effect on the person, in which case	30451
the information shall be released to a physician, psychiatrist, or	30452
psychologist who is designated by the person or by the person's	30453
legal guardian.	30454

(2) Upon the signed written request of either a licensed	30455
attorney at law or a licensed physician designated by the inmate,	30456
together with the signed written request of an inmate of a	30457
correctional institution under the administration of the	30458
department of rehabilitation and correction, the department shall	30459
disclose medical information to the designated attorney or	30460
physician as provided in division (C) of section 5120.21 of the	30461
Revised Code.	30462

(D) If an individual who is authorized to inspect personal	30463
information that is maintained in a personal information system	30464
requests the state or local agency that maintains the system to	30465
provide a copy of any personal information that the individual is	30466
authorized to inspect, the agency shall provide a copy of the	30467
personal information to the individual. Each state and local	30468
agency may establish reasonable fees for the service of copying,	30469
upon request, personal information that is maintained by the	30470
agency.	30471

(E)(1) This section regulates access to personal information	30472
that is maintained in a personal information system by persons who	30473
are the subject of the information, but does not limit the	30474
authority of any person, including a person who is the subject of	30475
personal information maintained in a personal information system,	30476
to inspect or have copied, pursuant to section 149.43 of the	30477
Revised Code, a public record as defined in that section.	30478

(2) This section does not provide a person who is the subject	30479
of personal information maintained in a personal information	30480
system, the person's legal guardian, or an attorney authorized by	30481
the person, with a right to inspect or have copied, or require an	30482
agency that maintains a personal information system to permit the	30483
inspection of or to copy, a confidential law enforcement	30484
investigatory record or trial preparation record, as defined in	30485
divisions (A)(2) and (4) of section 149.43 of the Revised Code.	30486

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

30487

(1) The contents of an adoption file maintained by the	30488
department of health under section 3705.12 of the Revised Code;	30489

(2) Information contained in the putative father registry	30490
established by section 3107.062 of the Revised Code, regardless of	30491
whether the information is held by the department of job and	30492
family services or, pursuant to section 3111.69 of the Revised	30493
Code, the office of child support in the department or a child	30494
support enforcement agency;	30495

(3) Papers, records, and books that pertain to an adoption	30496
and that are subject to inspection in accordance with section	30497
3107.17 of the Revised Code;	30498

(4) Records listed in division (A) of section 3107.42 of the	30499
Revised Code or specified in division (A) of section 3107.52 of	30500
the Revised Code;	30501

(5) Records that identify an individual described in division	30502
~~(A)~~(B)(1) of section 3721.031 of the Revised Code, or that would	30503
tend to identify such an individual;	30504

(6) Files and records that have been expunged under division	30505
(D)(1) or (2) of section 3721.23 of the Revised Code;	30506

(7) Records that identify an individual described in division	30507
(A)(1) of section 3721.25 of the Revised Code, or that would tend	30508
to identify such an individual;	30509

(8) Records that identify an individual described in division	30510
(A)(1) of section 5111.61 of the Revised Code, or that would tend	30511
to identify such an individual;	30512

(9) Test materials, examinations, or evaluation tools used in	30513
an examination for licensure as a nursing home administrator that	30514
the board of examiners of nursing home administrators administers	30515
under section 4751.04 of the Revised Code or contracts under that	30516
section with a private or government entity to administer;	30517

(10) Information contained in a database established and	30518
maintained pursuant to section 5101.13 of the Revised Code.	30519

Sec. 1501.022. There is hereby created in the state treasury	30520
the injection well review fund consisting of moneys transferred to	30521
it under section 6111.046 of the Revised Code. Moneys in the fund	30522
shall be used by the chiefs of the divisions of mineral resources	30523
management, oil and gas resources management, geological survey,	30524
and soil and water resources in the department of natural	30525
resources exclusively for the purpose of executing their duties	30526
under sections 6111.043 to 6111.047 of the Revised Code.	30527

Sec. 1501.40. The department of natural resources is the	30528
designated state agency responsible for the coordination and	30529
administration of sections 120 to 136 of the "National and	30530
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.A.	30531
12401 to 12456, as amended. With the assistance of the Ohio	30532
~~community~~commission on service ~~council~~and volunteerism created	30533
in section 121.40 of the Revised Code, the director of natural	30534
resources shall coordinate with other state agencies to apply for	30535
funding under the act when appropriate and shall administer any	30536
federal funds the state receives under sections 120 to 136 of the	30537
act.	30538

Sec. 1503.05. (A) The chief of the division of forestry may	30539
sell timber and other forest products from the state forest and	30540
state forest nurseries whenever the chief considers such a sale	30541
desirable and, with the approval of the attorney general and the	30542
director of natural resources, may sell portions of the state	30543
forest lands when such a sale is advantageous to the state.	30544

(B) Except as otherwise provided in this section, a timber	30545
sale agreement shall not be executed unless the person or	30546
governmental entity bidding on the sale executes and files a	30547
surety bond conditioned on completion of the timber sale in	30548
accordance with the terms of the agreement in an amount equal to	30549
twenty-five per cent of the highest value cutting section. All	30550
bonds shall be given in a form prescribed by the chief and shall	30551
run to the state as obligee.	30552

The chief shall not approve any bond until it is personally	30553
signed and acknowledged by both principal and surety, or as to	30554
either by the attorney in fact thereof, with a certified copy of	30555
the power of attorney attached. The chief shall not approve the	30556
bond unless there is attached a certificate of the superintendent	30557
of insurance that the company is authorized to transact a fidelity	30558
and surety business in this state.	30559

In lieu of a bond, the bidder may deposit any of the	30560
following:	30561

(1) Cash in an amount equal to the amount of the bond;

30562

(2) United States government securities having a par value	30563
equal to or greater than the amount of the bond;	30564

(3) Negotiable certificates of deposit or irrevocable letters	30565
of credit issued by any bank organized or transacting business in	30566
this state having a par value equal to or greater than the amount	30567
of the bond.	30568

The cash or securities shall be deposited on the same terms	30569
as bonds. If one or more certificates of deposit are deposited in	30570
lieu of a bond, the chief shall require the bank that issued any	30571
of the certificates to pledge securities of the aggregate market	30572
value equal to the amount of the certificate or certificates that	30573
is in excess of the amount insured by the federal deposit	30574
insurance corporation. The securities to be pledged shall be those	30575
designated as eligible under section 135.18 of the Revised Code.	30576
The securities shall be security for the repayment of the	30577
certificate or certificates of deposit.	30578

Immediately upon a deposit of cash, securities, certificates	30579
of deposit, or letters of credit, the chief shall deliver them to	30580
the treasurer of state, who shall hold them in trust for the	30581
purposes for which they have been deposited. The treasurer of	30582
state is responsible for the safekeeping of the deposits. A bidder	30583
making a deposit of cash, securities, certificates of deposit, or	30584
letters of credit may withdraw and receive from the treasurer of	30585
state, on the written order of the chief, all or any portion of	30586
the cash, securities, certificates of deposit, or letters of	30587
credit upon depositing with the treasurer of state cash, other	30588
United States government securities, or other negotiable	30589
certificates of deposit or irrevocable letters of credit issued by	30590
any bank organized or transacting business in this state, equal in	30591
par value to the par value of the cash, securities, certificates	30592
of deposit, or letters of credit withdrawn.	30593

A bidder may demand and receive from the treasurer of state	30594
all interest or other income from any such securities or	30595
certificates as it becomes due. If securities so deposited with	30596
and in the possession of the treasurer of state mature or are	30597
called for payment by their issuer, the treasurer of state, at the	30598
request of the bidder who deposited them, shall convert the	30599
proceeds of the redemption or payment of the securities into other	30600
United States government securities, negotiable certificates of	30601
deposit, or cash as the bidder designates.	30602

When the chief finds that a person or governmental agency has	30603
failed to comply with the conditions of the person's or	30604
governmental agency's bond, the chief shall make a finding of that	30605
fact and declare the bond, cash, securities, certificates, or	30606
letters of credit forfeited. The chief thereupon shall certify the	30607
total forfeiture to the attorney general, who shall proceed to	30608
collect the amount of the bond, cash, securities, certificates, or	30609
letters of credit.	30610

In lieu of total forfeiture, the surety, at its option, may	30611
cause the timber sale to be completed or pay to the treasurer of	30612
state the cost thereof.	30613

All moneys collected as a result of forfeitures of bonds,	30614
cash, securities, certificates, and letters of credit under this	30615
section shall be credited to the state forest fund created in this	30616
section.	30617

(C) The chief may grant easements and leases on portions of	30618
the state forest lands and state forest nurseries under terms that	30619
are advantageous to the state, and the chief may grant mineral	30620
rights on a royalty basis on those lands and nurseries, with the	30621
approval of the attorney general and the director.	30622

(D) All moneys received from the sale of state forest lands,	30623
or in payment for easements or leases on or as rents from those	30624
lands or from state forest nurseries, shall be paid into the state	30625
treasury to the credit of the state forest fund, which is hereby	30626
created. In addition, all moneys received from federal grants,	30627
payments, and reimbursements, from the sale of reforestation tree	30628
stock, from the sale of forest products, other than standing	30629
timber, and from the sale of minerals taken from the state forest	30630
lands and state forest nurseries, together with royalties from	30631
mineral rights, shall be paid into the state treasury to the	30632
credit of the state forest fund. Any other revenues derived from	30633
the operation of the state forests and related facilities or	30634
equipment also shall be paid into the state treasury to the credit	30635
of the state forest fund, as shall contributions received for the	30636
issuance of Smokey Bear license plates under section 4503.574 of	30637
the Revised Code and any other moneys required by law to be	30638
deposited in the fund.	30639

The state forest fund shall not be expended for any purpose	30640
other than the administration, operation, maintenance,	30641
development, or utilization of the state forests, forest	30642
nurseries, and forest programs, for facilities or equipment	30643
incident to them, or for the further purchase of lands for state	30644
forest or forest nursery purposes and, in the case of	30645
contributions received pursuant to section 4503.574 of the Revised	30646
Code, for fire prevention purposes.	30647

All moneys received from the sale of standing timber taken	30648
from state forest lands and state forest nurseries shall be	30649
deposited into the state treasury to the credit of the forestry	30650
holding account redistribution fund, which is hereby created. The	30651
moneys shall remain in the fund until they are redistributed in	30652
accordance with this division.	30653

The redistribution shall occur at least once each year. To	30654
begin the redistribution, the chief first shall determine the	30655
amount of all standing timber sold from state forest lands and	30656
state forest nurseries, together with the amount of the total sale	30657
proceeds, in each county, in each township within the county, and	30658
in each school district within the county. The chief next shall	30659
determine the amount of the direct costs that the division of	30660
forestry incurred in association with the sale of that standing	30661
timber. The amount of the direct costs shall be subtracted from	30662
the amount of the total sale proceeds and shall be transferred	30663
from the forestry holding account redistribution fund to the state	30664
forest fund.	30665

The remaining amount of the total sale proceeds equals the	30666
net value of the standing timber that was sold. The chief shall	30667
determine the net value of standing timber sold from state forest	30668
lands and state forest nurseries in each county, in each township	30669
within the county, and in each school district within the county	30670
and shall send to each county treasurer a copy of the	30671
determination at the time that moneys are paid to the county	30672
treasurer under this division.	30673

~~Twenty-five~~Thirty-five per cent of the net value of standing	30674
timber sold from state forest lands and state forest nurseries	30675
located in a county shall be transferred from the forestry holding	30676
account redistribution fund to the state forest fund. ~~Ten per cent~~	30677
~~of that net value shall be transferred from the forestry holding~~	30678
~~account redistribution fund to the general revenue fund.~~ The	30679
remaining sixty-five per cent of the net value shall be	30680
transferred from the forestry holding account redistribution fund	30681
and paid to the county treasurer for the use of the general fund	30682
of that county.	30683

The county auditor shall do all of the following:

30684

(1) Retain for the use of the general fund of the county	30685
one-fourth of the amount received by the county under division (D)	30686
of this section;	30687

(2) Pay into the general fund of any township located within	30688
the county and containing such lands and nurseries one-fourth of	30689
the amount received by the county from standing timber sold from	30690
lands and nurseries located in the township;	30691

(3) Request the board of education of any school district	30692
located within the county and containing such lands and nurseries	30693
to identify which fund or funds of the district should receive the	30694
moneys available to the school district under division (D)(3) of	30695
this section. After receiving notice from the board, the county	30696
auditor shall pay into the fund or funds so identified one-half of	30697
the amount received by the county from standing timber sold from	30698
lands and nurseries located in the school district, distributed	30699
proportionately as identified by the board.	30700

The division of forestry shall not supply logs, lumber, or	30701
other forest products or minerals, taken from the state forest	30702
lands or state forest nurseries, to any other agency or	30703
subdivision of the state unless payment is made therefor in the	30704
amount of the actual prevailing value thereof. This section is	30705
applicable to the moneys so received.	30706

(E) The chief may enter into a personal service contract for	30707
consulting services to assist the chief with the sale of timber or	30708
other forest products and related inventory. Compensation for	30709
consulting services shall be paid from the proceeds of the sale of	30710
timber or other forest products and related inventory that are the	30711
subject of the personal service contract.	30712

Sec. 1503.141. There is hereby created in the state treasury	30713
the wildfire suppression fund. The fund shall consist of any	30714
federal moneys received for the purposes of this section and	30715
donations, gifts, bequests, and other moneys received for those	30716
purposes. In addition, the chief of the division of forestry	30717
annually may request that the director of budget and management	30718
transfer, and, if so requested, the director shall transfer, not	30719
more than one hundred thousand dollars to the wildfire suppression	30720
fund from the ~~general revenue~~state forest fund created in section	30721
1503.05 of the Revised Code. The amount transferred shall consist	30722
only of money deposited into the ~~general revenue~~state forest fund	30723
from the sale of standing timber taken from state forest lands as	30724
set forth in that section ~~1503.05 of the Revised Code~~.	30725

The chief shall use moneys in the wildfire suppression fund	30726
to reimburse firefighting agencies and private fire companies for	30727
their costs incurred in the suppression of wildfires. The chief	30728
shall provide such reimbursement pursuant to agreements and	30729
contracts entered into under section 1503.14 of the Revised Code	30730
and in accordance with the following schedule:	30731

(A) For wildfire suppression on private land, an initial	30732
seventy-dollar payment to the firefighting agency or private fire	30733
company;	30734

(B) For wildfire suppression on land under the administration	30735
or care of the department of natural resources or on land that is	30736
part of any national forest administered by the United States	30737
department of agriculture forest service, an initial	30738
one-hundred-dollar payment to the firefighting agency or private	30739
fire company;	30740

(C) For any wildfire suppression on land specified in	30741
division (A) or (B) of this section lasting more than two hours,	30742
an additional payment of thirty-five dollars per hour.	30743

If at any time moneys in the fund exceed two hundred thousand	30744
dollars, the chief shall disburse the moneys that exceed that	30745
amount to the firefighting agencies and private fire companies in	30746
accordance with rules that the chief shall adopt in accordance	30747
with Chapter 119. of the Revised Code. The rules shall establish	30748
requirements and procedures that are similar in purpose and	30749
operation to the federal rural community fire protection program	30750
established under the "Cooperative Forestry Assistance Act of	30751
1978," 92 Stat. 365, 16 U.S.C.A. 2101, as amended.	30752

As used in this section, "firefighting agency" and "private	30753
fire company" have the same meanings as in section 9.60 of the	30754
Revised Code.	30755

Sec. 1505.01. The division of geological survey:

30756

(A) Shall collect, study, and interpret all available	30757
information pertaining to the geomorphology, stratigraphy,	30758
paleontology, mineralogy, and geologic structure of the state and	30759
shall publish reports on the same;	30760

(B) Shall collect, study, and interpret all available data	30761
pertaining to the origin, distribution, extent, use, and valuation	30762
of mineralogical and geological raw materials and natural	30763
resources such as: clays, coals, building stones, gypsum, salt,	30764
limestones ~~and~~, dolomite, aggregates, sand, gravel, shales ~~for~~	30765
~~cement and other uses, petroleum~~, oil, natural gas, brines, ~~saline~~	30766
~~deposits,~~ molding sands, and other natural substances of use and	30767
value, excluding only those pertaining to water usable as such for	30768
agricultural, industrial, commercial, and domestic purposes, but	30769
not excluding other rock fluids such as natural and artificial	30770
brines and oil-well fluids;	30771

(C) Shall make special studies and reports of resources of	30772
geological nature within the state ~~which~~that in its discretion	30773
are of current or potential economic, environmental, or	30774
educational significance or of significance to the health,	30775
welfare, and safety of the public;	30776

(D) May examine the technological processes by which mining,	30777
quarrying, or other extracting processes may be improved, or by	30778
which materials now uneconomical to exploit may be extracted and	30779
used commercially for the public welfare;	30780

(E) Shall make, store, catalog, and have available ~~for~~	30781
~~distribution~~in perpetuity data, maps, diagrams, records, rock	30782
cores, samples, profiles, and geologic sections portraying the	30783
geological characteristics and topography of the state, both of	30784
general nature and of specific localities;	30785

(F) May~~, or at the request of other agencies of the state~~	30786
~~government shall,~~ advise ~~and~~, consult, or collaborate with	30787
representatives of ~~those~~ agencies of the state, other state	30788
governments, or the United States government on problems or issues	30789
of a geological nature;	30790

(G) Shall advise, consult, or collaborate with	30791
representatives of agencies of the state, other state governments,	30792
or the United States government on problems or issues of a	30793
geological nature when requested by such an agency or government;	30794

(H) May create custom maps, custom data sets, or other custom	30795
products for government agencies, colleges and universities, and	30796
persons;	30797

(I) May provide information on the geological nature of the	30798
state to government agencies, colleges and universities, and	30799
persons.	30800

Sec. 1505.04. (A) Any person, firm, government agency, or	30801
corporation who, for hire, or by its own forces for economic use	30802
or exploration, drills, bores, or digs within the state a well for	30803
the production or extraction of any gas or liquid, excluding only	30804
water to be used as such, but including natural or artificial	30805
brines and oil-filled waters, or who drills ~~wells~~, bores, or digs	30806
within the state a well to explore geological formations, shall	30807
keep a careful and accurate log of ~~such~~the activity and report	30808
the same together with the results of any rock or fluid analyses	30809
or of any production ~~test results~~or pressure tests in such form	30810
as is designated by the division of geological survey to the chief	30811
of the division of geological survey.	30812

(B) The division may file such well logs and establish and	30813
observe such regulations regarding their availability and use as	30814
will meet the legitimate requirements of the owner or lessee of	30815
the well. Personnel of the division of may examine any such well	30816
during its construction to confirm the accuracy of the log and to	30817
collect samples of the cores, chips, fluids, gases, or sludge.	30818

(C) No person, firm, agency, or corporation shall fail to	30819
keep an accurate log or file a report as required in division (A)	30820
of this section.	30821

Sec. 1505.05. (A) Notwithstanding any other provision of the	30822
Revised Code to the contrary, the chief of the division of	30823
geological survey shall adopt rules under Chapter 119. of the	30824
Revised Code that establish a fee schedule for requests for	30825
manipulated, interpreted, or analyzed data from the geologic	30826
records, data, maps, rock cores, and samples archived by the	30827
division. The fee schedule may include the cost of specialized	30828
storage requirements, programming, labor, research, retrieval,	30829
data manipulation, and copying and mailing of records requested	30830
from the archives. In addition, the rules shall establish	30831
procedures for the levying and collection of the fees in the fee	30832
schedule.	30833

(B) For purposes of divisions (H) and (I) of section 1505.01	30834
of the Revised Code, the chief shall adopt rules under Chapter	30835
119. of the Revised Code that establish a fee schedule to be paid	30836
for creating custom maps, custom data sets, and other custom	30837
products and for providing geological information of the state.	30838
The fee schedule may include the costs of labor, research,	30839
analysis, equipment, and technology. In addition, the rules shall	30840
establish procedures for the levying and collection of the fees in	30841
the fee schedule.	30842

(C) The chief may reduce or waive a fee in a fee schedule	30843
established in rules adopted under division (A) or (B) of this	30844
section for a student that is enrolled in an institution of higher	30845
education.	30846

(D) Any revision to a fee schedule established in rules	30847
adopted under division (A) or (B) of this section shall be	30848
established in rules adopted under Chapter 119. of the Revised	30849
Code. A revision to a fee schedule is subject to review by the	30850
Ohio geology advisory council created in section 1505.11 of the	30851
Revised Code and to approval by the director of natural resources.	30852

(E) All fees collected under this section shall be credited	30853
to the geological mapping fund created in section 1505.09 of the	30854
Revised Code.	30855

Sec. 1505.06. The chief of the division of geological survey	30856
in the discharge of ~~his~~official duties under ~~section~~sections	30857
1505.01 to 1505.08~~, inclusive,~~ of the Revised Code, may call to	30858
~~his~~the chief's assistance, temporarily, any engineers or other	30859
employees in any state department, or in the Ohio state	30860
university, or other educational institutions financed wholly or	30861
in part by the state, for the purpose of making studies, surveys,	30862
maps, and plans for ~~erosion~~economic development or geologic	30863
hazards projects.	30864

Such engineers and employees shall not receive any additional	30865
compensation over that which they receive from the departments by	30866
which they are employed, but they shall be reimbursed for their	30867
actual necessary expenses incurred while working under the	30868
direction of the chief on ~~erosion~~the projects.	30869

Sec. 1505.09. There is hereby created in the state treasury	30870
the geological mapping fund, to be administered by the chief of	30871
the division of geological survey. The fund shall be used	30872
~~exclusively~~ for the purposes of performing the necessary field,	30873
laboratory, and administrative tasks to map and make public	30874
reports on the geology, geologic hazards, and energy and mineral	30875
resources ~~of each county~~ of the state. The source of moneys for	30876
the fund shall include, but not be limited to, the mineral	30877
severance tax as specified in section 5749.02 of the Revised Code	30878
and the fees collected under rules adopted under section 1505.05	30879
of the Revised Code. The chief may seek federal or other moneys in	30880
addition to the mineral severance tax and fees to carry out the	30881
purposes of this section. If the chief receives federal moneys for	30882
the purposes of this section, hethe chief shall deposit those	30883
moneys into the state treasury to the credit of a fund ~~which shall~~	30884
be created ~~at that time~~ by the controlling board to carry out	30885
those purposes. Other moneys received by the chief for the	30886
purposes of this section in addition to the mineral severance tax,	30887
fees, and federal moneys shall be credited to the geological	30888
mapping fund.	30889

Sec. 1505.11. There is hereby created in the department of	30890
natural resources the Ohio geology advisory council consisting of	30891
seven members to be appointed by the governor with the advice and	30892
consent of the senate. No more than four of the members shall be	30893
of the same political party. Members shall be persons who have a	30894
demonstrated interest in ~~Ohio~~the geology and mineral resources of	30895
this state and whose expertise reflects the various	30896
responsibilities of the division of geological survey. The council	30897
shall include at least one representative from each of the	30898
following: the oil and gas industry, the industrial minerals	30899
industry, the coal industry, hydrogeology interests, environmental	30900
geology interests, and an institution of higher education in this	30901
state. The chief of the division of geological survey may	30902
participate in the deliberations of the council, but shall not	30903
vote.	30904

Within ninety days after ~~the effective date of this section~~	30905
May 3, 1990, the governor shall make initial appointments to the	30906
council. Of the initial appointments, three shall be for a term	30907
ending one year after ~~the effective date of this section~~May 3,	30908
1990, three shall be for a term ending two years after ~~the~~	30909
~~effective date of this section~~May 3, 1990, and one shall be for a	30910
term ending three years after ~~the effective date of this section~~	30911
May 3, 1990. Thereafter, terms of office shall be for three years,	30912
with each term ending on the same day of the same month as did the	30913
term that it succeeds. Members may be reappointed. The governor	30914
may remove any member at any time for inefficiency, neglect of	30915
duty, or malfeasance in office. Vacancies shall be filled in the	30916
manner provided for original appointments. Any member appointed to	30917
fill a vacancy prior to the expiration date of the term for which	30918
~~his~~the member's predecessor was appointed shall hold office as a	30919
member for the remainder of that term. A member shall continue in	30920
office subsequent to the expiration date of ~~his~~the member's term	30921
until ~~his~~the member's successor takes office or until a period of	30922
sixty days has elapsed, whichever occurs first.	30923

Serving as an appointed member on the council does not	30924
constitute holding a public office or position of employment under	30925
the laws of this state and does not constitute grounds for removal	30926
of public officers or employees from their offices or positions of	30927
employment.	30928

Members shall serve without compensation, but shall be	30929
reimbursed for their actual and necessary expenses incurred in the	30930
performance of their official duties from moneys appropriated to	30931
the division.	30932

The council annually shall select from its members a ~~chairman~~	30933
chairperson and a ~~vice-chairman~~vice-chairperson. The council	30934
shall hold at least one meeting each calendar quarter and shall	30935
keep a record of its proceedings, which shall be open to public	30936
inspection. Special meetings may be called by the ~~chairman~~	30937
chairperson and shall be called upon the written request of two or	30938
more members. A majority of the members constitutes a quorum. The	30939
division shall furnish clerical, technical, legal, and other	30940
services required by the council in the performance of its duties.	30941

The council shall do all of the following:

30942

(A) Advise the chief ~~of the division of geological survey~~ in	30943
carrying out the duties of the division under this chapter;	30944

(B) Recommend policy and legislation with respect to geology,	30945
resource analysis, and management that will promote the economic	30946
and industrial development of the state while minimizing threats	30947
to the natural environment of the state;	30948

(C) Review and make recommendations on the development of	30949
plans and programs for long-term, comprehensive geologic mapping	30950
and analysis throughout the state;	30951

(D) Recommend ways to enhance cooperation among governmental	30952
agencies having an interest in ~~Ohio~~the geology of the state to	30953
encourage wise use and management of the geology and mineral	30954
resources of the state. To this end, the council shall request	30955
nonvoting representation from appropriate governmental agencies.	30956

(E) Review and make recommendations with respect to changes	30957
in the fee schedules established in rules adopted under section	30958
1505.05 of the Revised Code.	30959

Sec. 1505.99. (A) Whoever violates section 1505.07 of the	30960
Revised Code shall be fined not less than one thousand nor more	30961
than two thousand dollars on a first offense; on each subsequent	30962
offense, the person shall be fined not less than two thousand nor	30963
more than five thousand dollars.	30964

(B) Whoever violates section 1505.04 or 1505.10 of the	30965
Revised Code shall be fined not less than one hundred nor more	30966
than one thousand dollars on a first offense; on each subsequent	30967
offense, the person shall be fined not less than one thousand nor	30968
more than two thousand dollars. Notwithstanding any section of the	30969
Revised Code relating to the distribution or crediting of fines	30970
for violations of the Revised Code, all fines imposed under this	30971
division shall be paid into the geological mapping fund created in	30972
section 1505.09 of the Revised Code.	30973

Sec. 1506.21. (A) There is hereby created the Ohio Lake Erie	30974
commission, consisting of the directors of environmental	30975
protection, natural resources, health, agriculture, and	30976
transportation, or their designees, and five additional members	30977
appointed by the governor who shall serve at the pleasure of the	30978
governor. The members of the commission annually shall designate a	30979
chairperson, who shall preside at the meetings of the commission,	30980
and a secretary.	30981

The commission shall hold at least one meeting every three	30982
months. The secretary of the commission shall keep a record of its	30983
proceedings. Special meetings shall be held at the call of the	30984
chairperson or upon the request of four members of the commission.	30985
All meetings and records of the commission shall be open to the	30986
public. ~~Three~~Six members of the commission constitute a quorum.	30987
The agencies represented on the commission shall furnish clerical,	30988
technical, and other services required by the commission in the	30989
performance of its duties.	30990

(B) The commission shall do all of the following:

30991

(1) Ensure the coordination of state and local policies and	30992
programs pertaining to Lake Erie water quality, toxic pollution	30993
control, and resource protection;	30994

(2) Review, and make recommendations concerning, the	30995
development and implementation of policies, programs, and issues	30996
for long-term, comprehensive protection of Lake Erie water	30997
resources and water quality that are consistent with the great	30998
lakes water quality agreement and the great lakes toxic substances	30999
control agreement;	31000

(3) Recommend policies and programs to modify the coastal	31001
management program of this state;	31002

(4) At each regular meeting, consider matters relating to the	31003
implementation of sections 1506.22 and 1506.23 of the Revised	31004
Code;	31005

(5) Publish and submit the Lake Erie protection agenda in	31006
accordance with division (C) of section 1506.23 of the Revised	31007
Code;	31008

(6) Ensure the implementation of a basinwide approach to Lake	31009
Erie issues;	31010

(7) Increase representation of the interests of this state in	31011
state, regional, national, and international forums pertaining to	31012
the resources and water quality of Lake Erie and the Lake Erie	31013
basin;	31014

(8) Promote education concerning the wise management of the	31015
resources of Lake Erie;	31016

(9) Establish public advisory councils as considered	31017
necessary to assist in programs established under this section and	31018
sections 1506.22 and 1506.23 of the Revised Code. Members of the	31019
public advisory councils shall represent a broad cross section of	31020
interests, shall have experience or expertise in the subject for	31021
which the advisory council was established, and shall serve	31022
without compensation.	31023

(10) Prepare and submit the report required under division	31024
(D) of section 1506.23 of the Revised Code.	31025

(C) Each state agency, upon the request of the commission,	31026
shall cooperate in the implementation of this section and sections	31027
1506.22 and 1506.23 of the Revised Code.	31028

Sec. 1509.01. As used in this chapter:

31029

(A) "Well" means any borehole, whether drilled or bored,	31030
within the state for production, extraction, or injection of any	31031
gas or liquid mineral, excluding potable water to be used as such,	31032
but including natural or artificial brines and oil field waters.	31033

(B) "Oil" means crude petroleum oil and all other	31034
hydrocarbons, regardless of gravity, that are produced in liquid	31035
form by ordinary production methods, but does not include	31036
hydrocarbons that were originally in a gaseous phase in the	31037
reservoir.	31038

(C) "Gas" means all natural gas and all other fluid	31039
hydrocarbons that are not oil, including condensate.	31040

(D) "Condensate" means liquid hydrocarbons that were	31041
originally in the gaseous phase in the reservoir.	31042

(E) "Pool" means an underground reservoir containing a common	31043
accumulation of oil or gas, or both, but does not include a gas	31044
storage reservoir. Each zone of a geological structure that is	31045
completely separated from any other zone in the same structure may	31046
contain a separate pool.	31047

(F) "Field" means the general area underlaid by one or more	31048
pools.	31049

(G) "Drilling unit" means the minimum acreage on which one	31050
well may be drilled, but does not apply to a well for injecting	31051
gas into or removing gas from a gas storage reservoir.	31052

(H) "Waste" includes all of the following:

31053

(1) Physical waste, as that term generally is understood in	31054
the oil and gas industry;	31055

(2) Inefficient, excessive, or improper use, or the	31056
unnecessary dissipation, of reservoir energy;	31057

(3) Inefficient storing of oil or gas;

31058

(4) Locating, drilling, equipping, operating, or producing an	31059
oil or gas well in a manner that reduces or tends to reduce the	31060
quantity of oil or gas ultimately recoverable under prudent and	31061
proper operations from the pool into which it is drilled or that	31062
causes or tends to cause unnecessary or excessive surface loss or	31063
destruction of oil or gas;	31064

(5) Other underground or surface waste in the production or	31065
storage of oil, gas, or condensate, however caused.	31066

(I) "Correlative rights" means the reasonable opportunity to	31067
every person entitled thereto to recover and receive the oil and	31068
gas in and under the person's tract or tracts, or the equivalent	31069
thereof, without having to drill unnecessary wells or incur other	31070
unnecessary expense.	31071

(J) "Tract" means a single, individually taxed parcel of land	31072
appearing on the tax list.	31073

(K) "Owner," unless referring to a mine, means the person who	31074
has the right to drill on a tract or drilling unit, to drill into	31075
and produce from a pool, and to appropriate the oil or gas	31076
produced therefrom either for the person or for others, except	31077
that a person ceases to be an owner with respect to a well when	31078
the well has been plugged in accordance with applicable rules	31079
adopted and orders issued under this chapter. "Owner" does not	31080
include a person who obtains a lease of the mineral rights for oil	31081
and gas on a parcel of land if the person does not attempt to	31082
produce or produce oil or gas from a well or obtain a permit under	31083
this chapter for a well or if the entire interest of a well is	31084
transferred to the person in accordance with division (B) of	31085
section 1509.31 of the Revised Code.	31086

(L) "Royalty interest" means the fee holder's share in the	31087
production from a well.	31088

(M) "Discovery well" means the first well capable of	31089
producing oil or gas in commercial quantities from a pool.	31090

(N) "Prepared clay" means a clay that is plastic and is	31091
thoroughly saturated with fresh water to a weight and consistency	31092
great enough to settle through saltwater in the well in which it	31093
is to be used, except as otherwise approved by the chief of the	31094
division of ~~mineral~~oil and gas resources management.	31095

(O) "Rock sediment" means the combined cutting and residue	31096
from drilling sedimentary rocks and formation.	31097

(P) "Excavations and workings," "mine," and "pillar" have the	31098
same meanings as in section 1561.01 of the Revised Code.	31099

(Q) "Coal bearing township" means a township designated as	31100
such by the chief of the division of mineral resources management	31101
under section 1561.06 of the Revised Code.	31102

(R) "Gas storage reservoir" means a continuous area of a	31103
subterranean porous sand or rock stratum or strata into which gas	31104
is or may be injected for the purpose of storing it therein and	31105
removing it therefrom and includes a gas storage reservoir as	31106
defined in section 1571.01 of the Revised Code.	31107

(S) "Safe Drinking Water Act" means the "Safe Drinking Water	31108
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the	31109
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42	31110
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986,"	31111
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water	31112
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and	31113
regulations adopted under those acts.	31114

(T) "Person" includes any political subdivision, department,	31115
agency, or instrumentality of this state; the United States and	31116
any department, agency, or instrumentality thereof; and any legal	31117
entity defined as a person under section 1.59 of the Revised Code.	31118

(U) "Brine" means all saline geological formation water	31119
resulting from, obtained from, or produced in connection with	31120
exploration, drilling, well stimulation, production of oil or gas,	31121
or plugging of a well.	31122

(V) "Waters of the state" means all streams, lakes, ponds,	31123
marshes, watercourses, waterways, springs, irrigation systems,	31124
drainage systems, and other bodies of water, surface or	31125
underground, natural or artificial, that are situated wholly or	31126
partially within this state or within its jurisdiction, except	31127
those private waters that do not combine or effect a junction with	31128
natural surface or underground waters.	31129

(W) "Exempt Mississippian well" means a well that meets all	31130
of the following criteria:	31131

(1) Was drilled and completed before January 1, 1980;

31132

(2) Is located in an unglaciated part of the state;

31133

(3) Was completed in a reservoir no deeper than the	31134
Mississippian Big Injun sandstone in areas underlain by	31135
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea	31136
sandstone in areas directly underlain by Permian stratigraphy;	31137

(4) Is used primarily to provide oil or gas for domestic use.

31138

(X) "Exempt domestic well" means a well that meets all of the	31139
following criteria:	31140

(1) Is owned by the owner of the surface estate of the tract	31141
on which the well is located;	31142

(2) Is used primarily to provide gas for the owner's domestic	31143
use;	31144

(3) Is located more than two hundred feet horizontal distance	31145
from any inhabited private dwelling house other than an inhabited	31146
private dwelling house located on the tract on which the well is	31147
located;	31148

(4) Is located more than two hundred feet horizontal distance	31149
from any public building that may be used as a place of resort,	31150
assembly, education, entertainment, lodging, trade, manufacture,	31151
repair, storage, traffic, or occupancy by the public.	31152

(Y) "Urbanized area" means an area where a well or production	31153
facilities of a well are located within a municipal corporation or	31154
within a township that has an unincorporated population of more	31155
than five thousand in the most recent federal decennial census	31156
prior to the issuance of the permit for the well or production	31157
facilities.	31158

(Z) "Well stimulation" or "stimulation of a well" means the	31159
process of enhancing well productivity, including hydraulic	31160
fracturing operations.	31161

(AA) "Production operation" means all operations and	31162
activities and all related equipment, facilities, and other	31163
structures that may be used in or associated with the exploration	31164
and production of oil, gas, or other mineral resources that are	31165
regulated under this chapter, including operations and activities	31166
associated with site preparation, site construction, access ~~roads~~	31167
road construction, well drilling, well completion, well	31168
stimulation, well ~~operation~~site activities, ~~site~~ reclamation,	31169
and ~~well~~ plugging. "Production operation" also includes all of the	31170
following:	31171

(1) The piping ~~and~~, equipment, and facilities used for the	31172
production and preparation of hydrocarbon gas or liquids for	31173
transportation or delivery;	31174

(2) The processes of extraction and recovery, lifting,	31175
stabilization, treatment, separation, production processing,	31176
storage, waste disposal, and measurement of hydrocarbon gas and	31177
liquids, including related equipment and facilities;	31178

(3) The processes and related equipment and facilities	31179
associated with production compression, gas lift, gas injection,	31180
~~and~~ fuel gas supply, well drilling, well stimulation, and well	31181
completion activities, including dikes, pits, and earthen and	31182
other impoundments used for the temporary storage of fluids and	31183
waste substances associated with well drilling, well stimulation,	31184
and well completion activities.	31185

(BB) "Annular overpressurization" means the accumulation of	31186
fluids within an annulus with sufficient pressure to allow	31187
migration of annular fluids into underground sources of drinking	31188
water.	31189

(CC) "Idle and orphaned well" means a well for which a bond	31190
has been forfeited or an abandoned well for which no money is	31191
available to plug the well in accordance with this chapter and	31192
rules adopted under it.	31193

(DD) "Temporarily inactive well" means a well that has been	31194
granted temporary inactive status under section 1509.062 of the	31195
Revised Code.	31196

(EE) "Material and substantial violation" means any of the	31197
following:	31198

(1) Failure to obtain a permit to drill, reopen, convert,	31199
plugback, or plug a well under this chapter;	31200

(2) Failure to obtain or maintain insurance coverage that is	31201
required under this chapter;	31202

(3) Failure to obtain or maintain a surety bond that is	31203
required under this chapter;	31204

(4) Failure to plug an abandoned well or idle and orphaned	31205
well unless the well has been granted temporary inactive status	31206
under section 1509.062 of the Revised Code or the chief of the	31207
division of oil and gas resources management has approved another	31208
option concerning the abandoned well or idle and orphaned well;	31209

(5) Failure to restore a disturbed land surface as required	31210
by section 1509.072 of the Revised Code;	31211

(6) Failure to reimburse the oil and gas well fund pursuant	31212
to a final order issued under section 1509.071 of the Revised	31213
Code;	31214

(7) Failure to comply with a final nonappealable order of the	31215
chief issued under section 1509.04 of the Revised Code.	31216

(FF) "Severer" has the same meaning as in section 5749.01 of	31217
the Revised Code.	31218

Sec. 1509.02. There is hereby created in the department of	31219
natural resources the division of ~~mineral~~oil and gas resources	31220
management, which shall be administered by the chief of the	31221
division of ~~mineral~~oil and gas resources management. The	31222
division has sole and exclusive authority to regulate the	31223
permitting, location, and spacing of oil and gas wells and	31224
production operations within the state, excepting only those	31225
activities regulated under federal laws for which oversight has	31226
been delegated to the environmental protection agency and	31227
activities regulated under sections 6111.02 to 6111.029 of the	31228
Revised Code. The regulation of oil and gas activities is a matter	31229
of general statewide interest that requires uniform statewide	31230
regulation, and this chapter and rules adopted under it constitute	31231
a comprehensive plan with respect to all aspects of the locating,	31232
drilling, well stimulation, completing, and operating of oil and	31233
gas wells within this state, including site construction and	31234
restoration, permitting related to those activities, and the	31235
disposal of wastes from those wells. Nothing in this section	31236
affects the authority granted to the director of transportation	31237
and local authorities in section 723.01 or 4513.34 of the Revised	31238
Code, provided that the authority granted under those sections	31239
shall not be exercised in a manner that discriminates against,	31240
unfairly impedes, or obstructs oil and gas activities and	31241
operations regulated under this chapter.	31242

The chief shall not hold any other public office, nor shall	31243
the chief be engaged in any occupation or business that might	31244
interfere with or be inconsistent with the duties as chief.	31245

All moneys collected by the chief pursuant to sections	31246
1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.221,	31247
1509.222, 1509.34, and 1509.50 of the Revised Code, ninety per	31248
cent of moneys received by the treasurer of state from the tax	31249
levied in divisions (A)(5) and (6) of section 5749.02 of the	31250
Revised Code, all civil penalties paid under section 1509.33 of	31251
the Revised Code, and, notwithstanding any section of the Revised	31252
Code relating to the distribution or crediting of fines for	31253
violations of the Revised Code, all fines imposed under divisions	31254
(A) and (B) of section 1509.99 of the Revised Code and fines	31255
imposed under divisions (C) and (D) of section 1509.99 of the	31256
Revised Code for all violations prosecuted by the attorney general	31257
and for violations prosecuted by prosecuting attorneys that do not	31258
involve the transportation of brine by vehicle shall be deposited	31259
into the state treasury to the credit of the oil and gas well	31260
fund, which is hereby created. Fines imposed under divisions (C)	31261
and (D) of section 1509.99 of the Revised Code for violations	31262
prosecuted by prosecuting attorneys that involve the	31263
transportation of brine by vehicle and penalties associated with a	31264
compliance agreement entered into pursuant to this chapter shall	31265
be paid to the county treasury of the county where the violation	31266
occurred.	31267

The fund shall be used solely and exclusively for the	31268
purposes enumerated in division (B) of section 1509.071 of the	31269
Revised Code, for the expenses of the division associated with the	31270
administration of this chapter and Chapter 1571. of the Revised	31271
Code and rules adopted under them, and for expenses that are	31272
critical and necessary for the protection of human health and	31273
safety and the environment related to oil and gas production in	31274
this state. The expenses of the division in excess of the moneys	31275
available in the fund shall be paid from general revenue fund	31276
appropriations to the department.	31277

Sec. 1509.021. On and after ~~the effective date of this~~	31278
~~section~~June 30, 2010, all of the following apply:	31279

(A) The surface location of a new well or a tank battery of a	31280
well shall not be within one hundred fifty feet of an occupied	31281
dwelling that is located in an urbanized area unless the owner of	31282
the land on which the occupied dwelling is located consents in	31283
writing to the surface location of the well or tank battery of a	31284
well less than one hundred fifty feet from the occupied dwelling	31285
and the chief of the division of ~~mineral~~oil and gas resources	31286
management approves the written consent of that owner. However,	31287
the chief shall not approve the written consent of such an owner	31288
when the surface location of a new well or a tank battery of a	31289
well will be within one hundred feet of an occupied dwelling that	31290
is located in an urbanized area.	31291

(B) The surface location of a new well shall not be within	31292
one hundred fifty feet from the property line of a parcel of land	31293
that is not in the drilling unit of the well if the parcel of land	31294
is located in an urbanized area and directional drilling will be	31295
used to drill the new well unless the owner of the parcel of land	31296
consents in writing to the surface location of the well less than	31297
one hundred fifty feet from the property line of the parcel of	31298
land and the chief approves the written consent of that owner.	31299
However, the chief shall not approve the written consent of such	31300
an owner when the surface location of a new well will be less than	31301
one hundred feet from the property line of the owner's parcel of	31302
land that is not in the drilling unit of the well if the parcel of	31303
land is located in an urbanized area and directional drilling will	31304
be used.	31305

(C) The surface location of a new well shall not be within	31306
two hundred feet of an occupied dwelling that is located in an	31307
urbanized area and that is located on land that has become part of	31308
the drilling unit of the well pursuant to a mandatory pooling	31309
order issued under section 1509.27 of the Revised Code unless the	31310
owner of the land on which the occupied dwelling is located	31311
consents in writing to the surface location of the well at a	31312
distance that is less than two hundred feet from the occupied	31313
dwelling. However, if the owner of the land on which the occupied	31314
dwelling is located provides such written consent, the surface	31315
location of the well shall not be within one hundred feet of the	31316
occupied dwelling.	31317

If an applicant cannot identify an owner of land or if an	31318
owner of land is not responsive to attempts by the applicant to	31319
contact the owner, the applicant may submit an affidavit to the	31320
chief attesting to such an unidentifiable owner or to such	31321
unresponsiveness of an owner and attempts by the applicant to	31322
contact the owner and include a written request to reduce the	31323
distance of the location of the well from the occupied dwelling to	31324
less than two hundred feet. If the chief receives such an	31325
affidavit and written request, the chief shall reduce the distance	31326
of the location of the well from the occupied dwelling to a	31327
distance of not less than one hundred feet.	31328

(D) Except as otherwise provided in division (L) of this	31329
section, the surface location of a new well shall not be within	31330
one hundred fifty feet of the property line of a parcel of land	31331
that is located in an urbanized area and that has become part of	31332
the drilling unit of the well pursuant to a mandatory pooling	31333
order issued under section 1509.27 of the Revised Code unless the	31334
owner of the land consents in writing to the surface location of	31335
the well at a distance that is less than one hundred fifty feet	31336
from the owner's property line. However, if the owner of the land	31337
provides such written consent, the surface location of the well	31338
shall not be within seventy-five feet of the property line of the	31339
owner's parcel of land.	31340

If an applicant cannot identify an owner of land or if an	31341
owner of land is not responsive to attempts by the applicant to	31342
contact the owner, the applicant may submit an affidavit to the	31343
chief attesting to such an unidentifiable owner or to such	31344
unresponsiveness of an owner and attempts by the applicant to	31345
contact the owner and include a written request to reduce the	31346
distance of the location of the well from the property line of the	31347
owner's parcel of land to less than one hundred fifty feet. If the	31348
chief receives such an affidavit and written request, the chief	31349
shall reduce the distance of the location of the well from the	31350
property line to a distance of not less than seventy-five feet.	31351

(E) The surface location of a new tank battery of a well	31352
shall not be within one hundred fifty feet of an occupied dwelling	31353
that is located in an urbanized area and that is located on land	31354
that has become part of the drilling unit of the well pursuant to	31355
a mandatory pooling order issued under section 1509.27 of the	31356
Revised Code unless the owner of the land on which the occupied	31357
dwelling is located consents in writing to the location of the	31358
tank battery at a distance that is less than one hundred fifty	31359
feet from the occupied dwelling. However, if the owner of the land	31360
on which the occupied dwelling is located provides such written	31361
consent, the location of the tank battery shall not be within one	31362
hundred feet of the occupied dwelling.	31363

If an applicant cannot identify an owner of land or if an	31364
owner of land is not responsive to attempts by the applicant to	31365
contact the owner, the applicant may submit an affidavit to the	31366
chief attesting to such an unidentifiable owner or to such	31367
unresponsiveness of an owner and attempts by the applicant to	31368
contact the owner and include a written request to reduce the	31369
distance of the location of the tank battery from the occupied	31370
dwelling to less than one hundred fifty feet. If the chief	31371
receives such an affidavit and written request, the chief shall	31372
reduce the distance of the location of the tank battery from the	31373
occupied dwelling to a distance of not less than one hundred feet.	31374

(F) Except as otherwise provided in division (L) of this	31375
section, the location of a new tank battery of a well shall not be	31376
within seventy-five feet of the property line of a parcel of land	31377
that is located in an urbanized area and that has become part of	31378
the drilling unit of the well pursuant to a mandatory pooling	31379
order issued under section 1509.27 of the Revised Code unless the	31380
owner of the land consents in writing to the location of the tank	31381
battery at a distance that is less than seventy-five feet from the	31382
owner's property line. However, if the owner of the land provides	31383
such written consent, the location of the tank battery shall not	31384
be within the property line of the owner's parcel of land.	31385

If an applicant cannot identify an owner of land or if an	31386
owner of land is not responsive to attempts by the applicant to	31387
contact the owner, the applicant may submit an affidavit to the	31388
chief attesting to such an unidentifiable owner or to such	31389
unresponsiveness of an owner and attempts by the applicant to	31390
contact the owner and include a written request to reduce the	31391
distance of the location of the tank battery from the property	31392
line of the owner's parcel of land to less than seventy-five feet.	31393
If the chief receives such an affidavit and written request, the	31394
chief shall reduce the distance of the location of the tank	31395
battery from the property line, provided that the tank battery	31396
shall not be within the property line of the owner's parcel of	31397
land.	31398

(G) For purposes of divisions (C) to (F) of this section,	31399
written consent of an owner of land may be provided by any of the	31400
following:	31401

(1) A copy of an original lease agreement as recorded in the	31402
office of the county recorder of the county in which the occupied	31403
dwelling or property is located that expressly provides for the	31404
reduction of the distance of the location of a well or a tank	31405
battery, as applicable, from an occupied dwelling or a property	31406
line;	31407

(2) A copy of a deed severing the oil or gas mineral rights,	31408
as applicable, from the owner's parcel of land as recorded in the	31409
office of the county recorder of the county in which the property	31410
is located that expressly provides for the reduction of the	31411
distance of the location of a well or a tank battery, as	31412
applicable, from an occupied dwelling or a property line;	31413

(3) A written statement that consents to the proposed	31414
location of a well or a tank battery, as applicable, and that is	31415
approved by the chief. For purposes of division (G)(3) of this	31416
section, an applicant shall submit a copy of a written statement	31417
to the chief.	31418

(H) For areas that are not urbanized areas, the surface	31419
location of a new well shall not be within one hundred feet of an	31420
occupied private dwelling or of a public building that may be used	31421
as a place of assembly, education, entertainment, lodging, trade,	31422
manufacture, repair, storage, or occupancy by the public. This	31423
division does not apply to a building or other structure that is	31424
incidental to agricultural use of the land on which the building	31425
or other structure is located unless the building or other	31426
structure is used as an occupied private dwelling or for retail	31427
trade.	31428

(I) The surface location of a new well shall not be within	31429
one hundred feet of any other well. However, an applicant may	31430
submit a written statement to request the chief to authorize a new	31431
well to be located at a distance that is less than one hundred	31432
feet from another well. If the chief receives such a written	31433
statement, the chief may authorize a new well to be located within	31434
one hundred feet of another well if the chief determines that the	31435
applicant satisfactorily has demonstrated that the location of the	31436
new well at a distance that is less than one hundred feet from	31437
another well is necessary to reduce impacts to the owner of the	31438
land on which the well is to be located or to the surface of the	31439
land on which the well is to be located.	31440

(J) For areas that are not urbanized areas, the location of a	31441
new tank battery of a well shall not be within one hundred feet of	31442
an existing inhabited structure.	31443

(K) The location of a new tank battery of a well shall not be	31444
within fifty feet of any other well.	31445

(L) The location of a new well or a new tank battery of a	31446
well shall not be within fifty feet of a stream, river,	31447
watercourse, water well, pond, lake, or other body of water.	31448
However, the chief may authorize a new well or a new tank battery	31449
of a well to be located at a distance that is less than fifty feet	31450
from a stream, river, watercourse, water well, pond, lake, or	31451
other body of water if the chief determines that the reduction in	31452
the distance is necessary to reduce impacts to the owner of the	31453
land on which the well or tank battery of a well is to be located	31454
or to protect public safety or the environment.	31455

(M) The surface location of a new well or a new tank battery	31456
of a well shall not be within fifty feet of a railroad track or of	31457
the traveled portion of a public street, road, or highway. This	31458
division applies regardless of whether the public street, road, or	31459
highway has become part of the drilling unit of the well pursuant	31460
to a mandatory pooling order issued under section 1509.27 of the	31461
Revised Code.	31462

~~(M)~~(N) A new oil tank shall not be within three feet of	31463
another oil tank.	31464

~~(N)~~(O) The surface location of a mechanical separator shall	31465
not be within any of the following:	31466

(1) Fifty feet of a well;

31467

(2) Ten feet of an oil tank;

31468

(3) One hundred feet of an existing inhabited structure.

31469

~~(O)~~(P) A vessel that is equipped in such a manner that the	31470
contents of the vessel may be heated shall not be within any of	31471
the following:	31472

(1) Fifty feet of an oil production tank;

31473

(2) Fifty feet of a well;

31474

(3) One hundred feet of an existing inhabited structure;

31475

(4) If the contents of the vessel are heated by a direct fire	31476
heater, fifty feet of a mechanical separator.	31477

Sec. 1509.022. Except as provided in section 1509.021 of the	31478
Revised Code, the surface location of a new well that will be	31479
drilled using directional drilling may be located on a parcel of	31480
land that is not in the drilling unit of the well.	31481

Sec. 1509.03. (A) The chief of the division of ~~mineral~~oil	31482
and gas resources management shall adopt, rescind, and amend, in	31483
accordance with Chapter 119. of the Revised Code, rules for the	31484
administration, implementation, and enforcement of this chapter.	31485
The rules shall include an identification of the subjects that the	31486
chief shall address when attaching terms and conditions to a	31487
permit with respect to a well and production facilities of a well	31488
that are located within an urbanized area. The subjects shall	31489
include all of the following:	31490

(1) Safety concerning the drilling or operation of a well;

31491

(2) Protection of the public and private water supply;

31492

(3) Fencing and screening of surface facilities of a well;

31493

(4) Containment and disposal of drilling and production	31494
wastes;	31495

(5) Construction of access roads for purposes of the drilling	31496
and operation of a well;	31497

(6) Noise mitigation for purposes of the drilling of a well	31498
and the operation of a well, excluding safety and maintenance	31499
operations.	31500

No person shall violate any rule of the chief adopted under	31501
this chapter.	31502

(B) Any order issuing, denying, or modifying a permit or	31503
notices required to be made by the chief pursuant to this chapter	31504
shall be made in compliance with Chapter 119. of the Revised Code,	31505
except that personal service may be used in lieu of service by	31506
mail. Every order issuing, denying, or modifying a permit under	31507
this chapter and described as such shall be considered an	31508
adjudication order for purposes of Chapter 119. of the Revised	31509
Code.	31510

Where notice to the owners is required by this chapter, the	31511
notice shall be given as prescribed by a rule adopted by the chief	31512
to govern the giving of notices. The rule shall provide for notice	31513
by publication except in those cases where other types of notice	31514
are necessary in order to meet the requirements of the law.	31515

(C) The chief or the chief's authorized representative may at	31516
any time enter upon lands, public or private, for the purpose of	31517
administration or enforcement of this chapter, the rules adopted	31518
or orders made thereunder, or terms or conditions of permits or	31519
registration certificates issued thereunder and may examine and	31520
copy records pertaining to the drilling, conversion, or operation	31521
of a well for injection of fluids and logs required by division	31522
(C) of section 1509.223 of the Revised Code. No person shall	31523
prevent or hinder the chief or the chief's authorized	31524
representative in the performance of official duties. If entry is	31525
prevented or hindered, the chief or the chief's authorized	31526
representative may apply for, and the court of common pleas may	31527
issue, an appropriate inspection warrant necessary to achieve the	31528
purposes of this chapter within the court's territorial	31529
jurisdiction.	31530

(D) The chief may issue orders to enforce this chapter, rules	31531
adopted thereunder, and terms or conditions of permits issued	31532
thereunder. Any such order shall be considered an adjudication	31533
order for the purposes of Chapter 119. of the Revised Code. No	31534
person shall violate any order of the chief issued under this	31535
chapter. No person shall violate a term or condition of a permit	31536
or registration certificate issued under this chapter.	31537

(E) Orders of the chief denying, suspending, or revoking a	31538
registration certificate; approving or denying approval of an	31539
application for revision of a registered transporter's plan for	31540
disposal; or to implement, administer, or enforce division (A) of	31541
section 1509.224 and sections 1509.22, 1509.222, 1509.223,	31542
1509.225, and 1509.226 of the Revised Code pertaining to the	31543
transportation of brine by vehicle and the disposal of brine so	31544
transported are not adjudication orders for purposes of Chapter	31545
119. of the Revised Code. The chief shall issue such orders under	31546
division (A) or (B) of section 1509.224 of the Revised Code, as	31547
appropriate.	31548

Sec. 1509.04. (A) The chief of the division of ~~mineral~~oil	31549
and gas resources management, or the chief's authorized	31550
representatives, shall enforce this chapter and the rules, terms	31551
and conditions of permits and registration certificates, and	31552
orders adopted or issued pursuant thereto, except that any peace	31553
officer, as defined in section 2935.01 of the Revised Code, may	31554
arrest for violations of this chapter involving transportation of	31555
brine by vehicle. The enforcement authority of the chief includes	31556
the authority to issue compliance notices and to enter into	31557
compliance agreements.	31558

(B)(1) The chief or the chief's authorized representative may	31559
issue an administrative order to an owner for a violation of this	31560
chapter or rules adopted under it, terms and conditions of a	31561
permit issued under it, a registration certificate that is	31562
required under this chapter, or orders issued under this chapter.	31563

(2) The chief may issue an order finding that an owner has	31564
committed a material and substantial violation.	31565

(C) The chief, by order, immediately may suspend drilling,	31566
operating, or plugging activities that are related to a material	31567
and substantial violation and suspend and revoke an unused permit	31568
after finding either of the following:	31569

(1) An owner has failed to comply with an order issued under	31570
division (B)(2) of this section that is final and nonappealable.	31571

(2) An owner is causing, engaging in, or maintaining a	31572
condition or activity that the chief determines presents an	31573
imminent danger to the health or safety of the public or that	31574
results in or is likely to result in immediate substantial damage	31575
to the natural resources of this state.	31576

(D)(1) The chief may issue an order under division (C) of	31577
this section without prior notification if reasonable attempts to	31578
notify the owner have failed or if the owner is currently in	31579
material breach of a prior order, but in such an event	31580
notification shall be given as soon thereafter as practical.	31581

(2) Not later than five days after the issuance of an order	31582
under division (C) of this section, the chief shall provide the	31583
owner an opportunity to be heard and to present evidence that one	31584
of the following applies:	31585

(a) The condition or activity does not present an imminent	31586
danger to the public health or safety or is not likely to result	31587
in immediate substantial damage to natural resources.	31588

(b) Required records, reports, or logs have been submitted.

31589

(3) If the chief, after considering evidence presented by the	31590
owner under division (D)(2)(a) of this section, determines that	31591
the activities do not present such a threat or that the required	31592
records, reports, or logs have been submitted under division	31593
(D)(2)(b) of this section, the chief shall revoke the order. The	31594
owner may appeal an order to the court of common pleas of the	31595
county in which the activity that is the subject of the order is	31596
located.	31597

(E) The chief may issue a bond forfeiture order pursuant to	31598
section 1509.071 of the Revised Code for failure to comply with a	31599
final nonappealable order issued or compliance agreement entered	31600
into under this section.	31601

(F) The chief may notify drilling contractors, transporters,	31602
service companies, or other similar entities of the compliance	31603
status of an owner.	31604

If the owner fails to comply with a prior enforcement action	31605
of the chief, the chief may issue a suspension order without prior	31606
notification, but in such an event the chief shall give notice as	31607
soon thereafter as practical. Not later than five calendar days	31608
after the issuance of an order, the chief shall provide the owner	31609
an opportunity to be heard and to present evidence that required	31610
records, reports, or logs have been submitted. If the chief, after	31611
considering the evidence presented by the owner, determines that	31612
the requirements have been satisfied, the chief shall revoke the	31613
suspension order. The owner may appeal a suspension order to the	31614
court of common pleas of the county in which the activity that is	31615
the subject of the suspension order is located.	31616

(G) The prosecuting attorney of the county or the attorney	31617
general, upon the request of the chief, may apply to the court of	31618
common pleas in the county in which any of the provisions of this	31619
chapter or any rules, terms or conditions of a permit or	31620
registration certificate, or orders adopted or issued pursuant to	31621
this chapter are being violated for a temporary restraining order,	31622
preliminary injunction, or permanent injunction restraining any	31623
person from such violation.	31624

Sec. 1509.041. The chief of the division of ~~mineral~~oil and	31625
gas resources management shall maintain a database on the division	31626
of ~~mineral~~oil and gas resources management's web site that is	31627
accessible to the public. The database shall list each final	31628
nonappealable order issued for a material and substantial	31629
violation under this chapter. The list shall identify the	31630
violator, the date on which the violation occurred, and the date	31631
on which the violation was corrected.	31632

Sec. 1509.05. No person shall drill a new well, drill an	31633
existing well any deeper, reopen a well, convert a well to any use	31634
other than its original purpose, or plug back a well to a source	31635
of supply different from the existing pool, without having a	31636
permit to do so issued by the chief of the division of ~~mineral~~oil	31637
and gas resources management, and until the original permit or a	31638
photostatic copy thereof is posted or displayed in a conspicuous	31639
and easily accessible place at the well site, with the name,	31640
current address, and telephone number of the permit holder and the	31641
telephone numbers for fire and emergency medical services	31642
maintained on the posted permit or copy. The permit or a copy	31643
shall be continuously displayed in that manner at all times during	31644
the work authorized by the permit.	31645

Sec. 1509.06. (A) An application for a permit to drill a new	31646
well, drill an existing well deeper, reopen a well, convert a well	31647
to any use other than its original purpose, or plug back a well to	31648
a different source of supply, including associated production	31649
operations, shall be filed with the chief of the division of	31650
~~mineral~~oil and gas resources management upon such form as the	31651
chief prescribes and shall contain each of the following that is	31652
applicable:	31653

(1) The name and address of the owner and, if a corporation,	31654
the name and address of the statutory agent;	31655

(2) The signature of the owner or the owner's authorized	31656
agent. When an authorized agent signs an application, it shall be	31657
accompanied by a certified copy of the appointment as such agent.	31658

(3) The names and addresses of all persons holding the	31659
royalty interest in the tract upon which the well is located or is	31660
to be drilled or within a proposed drilling unit;	31661

(4) The location of the tract or drilling unit on which the	31662
well is located or is to be drilled identified by section or lot	31663
number, city, village, township, and county;	31664

(5) Designation of the well by name and number;

31665

(6) The geological formation to be tested or used and the	31666
proposed total depth of the well;	31667

(7) The type of drilling equipment to be used;

31668

(8) If the well is for the injection of a liquid, identity of	31669
the geological formation to be used as the injection zone and the	31670
composition of the liquid to be injected;	31671

(9) For an application for a permit to drill a new well	31672
within an urbanized area, a sworn statement that the applicant has	31673
provided notice by regular mail of the application to the owner of	31674
each parcel of real property that is located within five hundred	31675
feet of the surface location of the well and to the executive	31676
authority of the municipal corporation or the board of township	31677
trustees of the township, as applicable, in which the well is to	31678
be located. In addition, the notice shall contain a statement that	31679
informs an owner of real property who is required to receive the	31680
notice under division (A)(9) of this section that within five days	31681
of receipt of the notice, the owner is required to provide notice	31682
under section 1509.60 of the Revised Code to each residence in an	31683
occupied dwelling that is located on the owner's parcel of real	31684
property. The notice shall contain a statement that an application	31685
has been filed with the division of ~~mineral~~oil and gas resources	31686
management, identify the name of the applicant and the proposed	31687
well location, include the name and address of the division, and	31688
contain a statement that comments regarding the application may be	31689
sent to the division. The notice may be provided by hand delivery	31690
or regular mail. The identity of the owners of parcels of real	31691
property shall be determined using the tax records of the	31692
municipal corporation or county in which a parcel of real property	31693
is located as of the date of the notice.	31694

(10) A plan for restoration of the land surface disturbed by	31695
drilling operations. The plan shall provide for compliance with	31696
the restoration requirements of division (A) of section 1509.072	31697
of the Revised Code and any rules adopted by the chief pertaining	31698
to that restoration.	31699

(11) A description by name or number of the county, township,	31700
and municipal corporation roads, streets, and highways that the	31701
applicant anticipates will be used for access to and egress from	31702
the well site;	31703

(12) Such other relevant information as the chief prescribes	31704
by rule.	31705

Each application shall be accompanied by a map, on a scale	31706
not smaller than four hundred feet to the inch, prepared by an	31707
Ohio registered surveyor, showing the location of the well and	31708
containing such other data as may be prescribed by the chief. If	31709
the well is or is to be located within the excavations and	31710
workings of a mine, the map also shall include the location of the	31711
mine, the name of the mine, and the name of the person operating	31712
the mine.	31713

(B) The chief shall cause a copy of the weekly circular	31714
prepared by the division to be provided to the county engineer of	31715
each county that contains active or proposed drilling activity.	31716
The weekly circular shall contain, in the manner prescribed by the	31717
chief, the names of all applicants for permits, the location of	31718
each well or proposed well, the information required by division	31719
(A)(11) of this section, and any additional information the chief	31720
prescribes. In addition, the chief promptly shall transfer an	31721
electronic copy or facsimile, or if those methods are not	31722
available to a municipal corporation or township, a copy via	31723
regular mail, of a drilling permit application to the clerk of the	31724
legislative authority of the municipal corporation or to the clerk	31725
of the township in which the well or proposed well is or is to be	31726
located if the legislative authority of the municipal corporation	31727
or the board of township trustees has asked to receive copies of	31728
such applications and the appropriate clerk has provided the chief	31729
an accurate, current electronic mailing address or facsimile	31730
number, as applicable.	31731

(C)(1) Except as provided in division (C)(2) of this section,	31732
the chief shall not issue a permit for at least ten days after the	31733
date of filing of the application for the permit unless, upon	31734
reasonable cause shown, the chief waives that period or a request	31735
for expedited review is filed under this section. However, the	31736
chief shall issue a permit within twenty-one days of the filing of	31737
the application unless the chief denies the application by order.	31738

(2) If the location of a well or proposed well will be or is	31739
within an urbanized area, the chief shall not issue a permit for	31740
at least eighteen days after the date of filing of the application	31741
for the permit unless, upon reasonable cause shown, the chief	31742
waives that period or the chief at the chief's discretion grants a	31743
request for an expedited review. However, the chief shall issue a	31744
permit for a well or proposed well within an urbanized area within	31745
thirty days of the filing of the application unless the chief	31746
denies the application by order.	31747

(D) An applicant may file a request with the chief for	31748
expedited review of a permit application if the well is not or is	31749
not to be located in a gas storage reservoir or reservoir	31750
protective area, as "reservoir protective area" is defined in	31751
section 1571.01 of the Revised Code. If the well is or is to be	31752
located in a coal bearing township, the application shall be	31753
accompanied by the affidavit of the landowner prescribed in	31754
section 1509.08 of the Revised Code.	31755

In addition to a complete application for a permit that meets	31756
the requirements of this section and the permit fee prescribed by	31757
this section, a request for expedited review shall be accompanied	31758
by a separate nonrefundable filing fee of two hundred fifty	31759
dollars. Upon the filing of a request for expedited review, the	31760
chief shall cause the county engineer of the county in which the	31761
well is or is to be located to be notified of the filing of the	31762
permit application and the request for expedited review by	31763
telephone or other means that in the judgment of the chief will	31764
provide timely notice of the application and request. The chief	31765
shall issue a permit within seven days of the filing of the	31766
request unless the chief denies the application by order.	31767
Notwithstanding the provisions of this section governing expedited	31768
review of permit applications, the chief may refuse to accept	31769
requests for expedited review if, in the chief's judgment, the	31770
acceptance of the requests would prevent the issuance, within	31771
twenty-one days of their filing, of permits for which applications	31772
are pending.	31773

(E) A well shall be drilled and operated in accordance with	31774
the plans, sworn statements, and other information submitted in	31775
the approved application.	31776

(F) The chief shall issue an order denying a permit if the	31777
chief finds that there is a substantial risk that the operation	31778
will result in violations of this chapter or rules adopted under	31779
it that will present an imminent danger to public health or safety	31780
or damage to the environment, provided that where the chief finds	31781
that terms or conditions to the permit can reasonably be expected	31782
to prevent such violations, the chief shall issue the permit	31783
subject to those terms or conditions, including, if applicable,	31784
terms and conditions regarding subjects identified in rules	31785
adopted under section 1509.03 of the Revised Code. The issuance of	31786
a permit shall not be considered an order of the chief.	31787

(G) Each application for a permit required by section 1509.05	31788
of the Revised Code, except an application to plug back an	31789
existing well that is required by that section and an application	31790
for a well drilled or reopened for purposes of section 1509.22 of	31791
the Revised Code, also shall be accompanied by a nonrefundable fee	31792
as follows:	31793

(1) Five hundred dollars for a permit to conduct activities	31794
in a township with a population of fewer than ten thousand;	31795

(2) Seven hundred fifty dollars for a permit to conduct	31796
activities in a township with a population of ten thousand or	31797
more, but fewer than fifteen thousand;	31798

(3) One thousand dollars for a permit to conduct activities	31799
in either of the following:	31800

(a) A township with a population of fifteen thousand or more;

31801

(b) A municipal corporation regardless of population.

31802

(4) If the application is for a permit that requires	31803
mandatory pooling, an additional five thousand dollars.	31804

For purposes of calculating fee amounts, populations shall be	31805
determined using the most recent federal decennial census.	31806

Each application for the revision or reissuance of a permit	31807
shall be accompanied by a nonrefundable fee of two hundred fifty	31808
dollars.	31809

(H) Prior to the issuance of a permit to drill a proposed	31810
well that is to be located in an urbanized area, the division	31811
shall conduct a site review to identify and evaluate any	31812
site-specific terms and conditions that may be attached to the	31813
permit. At the site review, a representative of the division shall	31814
consider fencing, screening, and landscaping requirements, if any,	31815
for similar structures in the community in which the well is	31816
proposed to be located. The terms and conditions that are attached	31817
to the permit shall include the establishment of fencing,	31818
screening, and landscaping requirements for the surface facilities	31819
of the proposed well, including a tank battery of the well.	31820

(I) A permit shall be issued by the chief in accordance with	31821
this chapter. A permit issued under this section for a well that	31822
is or is to be located in an urbanized area shall be valid for	31823
twelve months, and all other permits issued under this section	31824
shall be valid for twenty-four months.	31825

(J) A permittee or a permittee's authorized representative	31826
shall notify an inspector from the division ~~of mineral resources~~	31827
~~management~~ at least twenty-four hours, or another time period	31828
agreed to by the chief's authorized representative, prior to the	31829
commencement of drilling, reopening, converting, well stimulation,	31830
or plugback operations.	31831

Sec. 1509.061. An owner of a well who has been issued a	31832
permit under section 1509.06 of the Revised Code may submit to the	31833
chief of the division of ~~mineral~~oil and gas resources management,	31834
on a form prescribed by the chief, a request to revise an existing	31835
tract upon which exists a producing or idle well. The chief shall	31836
adopt, and may amend and rescind, rules under section 1509.03 of	31837
the Revised Code that are necessary for the administration of this	31838
section. The rules at least shall stipulate the information to be	31839
included on the request form and shall establish a fee to be paid	31840
by the person submitting the request, which fee shall not exceed	31841
two hundred fifty dollars.	31842

The chief shall approve a request submitted under this	31843
section unless it would result in a violation of this chapter or	31844
rules adopted under it, including provisions establishing spacing	31845
or minimum acreage requirements.	31846

Sec. 1509.062. (A)(1) The owner of a well that has not been	31847
completed, a well that has not produced within one year after	31848
completion, or an existing well that has no reported production	31849
for two consecutive reporting periods as reported in accordance	31850
with section 1509.11 of the Revised Code shall plug the well in	31851
accordance with section 1509.12 of the Revised Code, obtain	31852
temporary inactive well status for the well in accordance with	31853
this section, or perform another activity regarding the well that	31854
is approved by the chief of the division of ~~mineral~~oil and gas	31855
resources management.	31856

(2) If a well has a reported annual production that is less	31857
than one hundred thousand cubic feet of natural gas or fifteen	31858
barrels of crude oil, or a combination thereof, the chief may	31859
require the owner of the well to submit an application for	31860
temporary inactive well status under this section for the well.	31861

(B) In order for the owner of a well to submit an application	31862
for temporary inactive well status for the well under this	31863
division, the owner and the well shall be in compliance with this	31864
chapter and rules adopted under it, any terms and conditions of	31865
the permit for the well, and applicable orders issued by the	31866
chief. An application for temporary inactive status for a well	31867
shall be submitted to the chief on a form prescribed and provided	31868
by the chief and shall contain all of the following:	31869

(1) The owner's name and address and, if the owner is a	31870
corporation, the name and address of the corporation's statutory	31871
agent;	31872

(2) The signature of the owner or of the owner's authorized	31873
agent. When an authorized agent signs an application, the	31874
application shall be accompanied by a certified copy of the	31875
appointment as such agent.	31876

(3) The permit number assigned to the well. If the well has	31877
not been assigned a permit number, the chief shall assign a permit	31878
number to the well.	31879

(4) A map, on a scale not smaller than four hundred feet to	31880
the inch, that shows the location of the well and the tank	31881
battery, that includes the latitude and longitude of the well, and	31882
that contains all other data that are required by the chief;	31883

(5) A demonstration that the well is of future utility and	31884
that the applicant has a viable plan to utilize the well within a	31885
reasonable period of time;	31886

(6) A demonstration that the well poses no threat to the	31887
health or safety of persons, property, or the environment;	31888

(7) Any other relevant information that the chief prescribes	31889
by rule.	31890

The chief may waive any of the requirements established in	31891
divisions (B)(1) to (6) of this section if the division of ~~mineral~~	31892
oil and gas resources management possesses a current copy of the	31893
information or document that is required in the applicable	31894
division.	31895

(C) Upon receipt of an application for temporary inactive	31896
well status, the chief shall review the application and shall	31897
either deny the application by issuing an order or approve the	31898
application. The chief shall approve the application only if the	31899
chief determines that the well that is the subject of the	31900
application poses no threat to the health or safety of persons,	31901
property, or the environment. If the chief approves the	31902
application, the chief shall notify the applicant of the chief's	31903
approval. Upon receipt of the chief's approval, the owner shall	31904
shut in the well and empty all liquids and gases from all storage	31905
tanks, pipelines, and other equipment associated with the well. In	31906
addition, the owner shall maintain the well, other equipment	31907
associated with the well, and the surface location of the well in	31908
a manner that prevents hazards to the health and safety of people	31909
and the environment. The owner shall inspect the well at least	31910
every six months and submit to the chief within fourteen days	31911
after the inspection a record of inspection on a form prescribed	31912
and provided by the chief.	31913

(D) Not later than thirty days prior to the expiration of	31914
temporary inactive well status or a renewal of temporary inactive	31915
well status approved by the chief for a well, the owner of the	31916
well may submit to the chief an application for renewal of the	31917
temporary inactive well status on a form prescribed and provided	31918
by the chief. The application shall include a detailed plan that	31919
describes the ultimate disposition of the well, the time frames	31920
for that disposition, and any other information that the chief	31921
determines is necessary. The chief shall either deny an	31922
application by order or approve the application. If the chief	31923
approves the application, the chief shall notify the owner of the	31924
well of the chief's approval.	31925

(E) An application for temporary inactive well status shall	31926
be accompanied by a nonrefundable fee of one hundred dollars. An	31927
application for a renewal of temporary inactive well status shall	31928
be accompanied by a nonrefundable fee of two hundred fifty dollars	31929
for the first renewal and five hundred dollars for each subsequent	31930
renewal.	31931

(F) After a third renewal, the chief may require an owner to	31932
provide a surety bond in an amount not to exceed ten thousand	31933
dollars for each of the owner's wells that has been approved by	31934
the chief for temporary inactive well status.	31935

(G) Temporary inactive well status approved by the chief	31936
expires one year after the date of approval of the application for	31937
temporary inactive well status or production from the well	31938
commences, whichever occurs sooner. In addition, a renewal of a	31939
temporary inactive well status expires one year after the	31940
expiration date of the initial temporary inactive well status or	31941
one year after the expiration date of the previous renewal of the	31942
temporary inactive well status, as applicable, or production from	31943
the well commences, whichever occurs sooner.	31944

(H) The owner of a well that has been approved by the chief	31945
for temporary inactive well status may commence production from	31946
the well at any time. Not later than sixty days after the	31947
commencement of production from such a well, the owner shall	31948
notify the chief of the commencement of production.	31949

(I) This chapter and rules adopted under it, any terms and	31950
conditions of the permit for a well, and applicable orders issued	31951
by the chief apply to a well that has been approved by the chief	31952
for temporary inactive well status or renewal of that status.	31953

Sec. 1509.07. An owner of any well, except an exempt	31954
Mississippian well or an exempt domestic well, shall obtain	31955
liability insurance coverage from a company authorized to do	31956
business in this state in an amount of not less than one million	31957
dollars bodily injury coverage and property damage coverage to pay	31958
damages for injury to persons or damage to property caused by the	31959
drilling, operation, or plugging of all the owner's wells in this	31960
state. However, if any well is located within an urbanized area,	31961
the owner shall obtain liability insurance coverage in an amount	31962
of not less than three million dollars for bodily injury coverage	31963
and property damage coverage to pay damages for injury to persons	31964
or damage to property caused by the drilling, operation, or	31965
plugging of all of the owner's wells in this state. The owner	31966
shall maintain the coverage until all the owner's wells are	31967
plugged and abandoned or are transferred to an owner who has	31968
obtained insurance as required under this section and who is not	31969
under a notice of material and substantial violation or under a	31970
suspension order. The owner shall provide proof of liability	31971
insurance coverage to the chief of the division of ~~mineral~~oil and	31972
gas resources management upon request. Upon failure of the owner	31973
to provide that proof when requested, the chief may order the	31974
suspension of any outstanding permits and operations of the owner	31975
until the owner provides proof of the required insurance coverage.	31976

Except as otherwise provided in this section, an owner of any	31977
well, before being issued a permit under section 1509.06 of the	31978
Revised Code or before operating or producing from a well, shall	31979
execute and file with the division of ~~mineral~~oil and gas	31980
resources management a surety bond conditioned on compliance with	31981
the restoration requirements of section 1509.072, the plugging	31982
requirements of section 1509.12, the permit provisions of section	31983
1509.13 of the Revised Code, and all rules and orders of the chief	31984
relating thereto, in an amount set by rule of the chief.	31985

The owner may deposit with the chief, instead of a surety	31986
bond, cash in an amount equal to the surety bond as prescribed	31987
pursuant to this section or negotiable certificates of deposit or	31988
irrevocable letters of credit, issued by any bank organized or	31989
transacting business in this state or by any savings and loan	31990
association as defined in section 1151.01 of the Revised Code,	31991
having a cash value equal to or greater than the amount of the	31992
surety bond as prescribed pursuant to this section. Cash or	31993
certificates of deposit shall be deposited upon the same terms as	31994
those upon which surety bonds may be deposited. If certificates of	31995
deposit are deposited with the chief instead of a surety bond, the	31996
chief shall require the bank or savings and loan association that	31997
issued any such certificate to pledge securities of a cash value	31998
equal to the amount of the certificate that is in excess of the	31999
amount insured by any of the agencies and instrumentalities	32000
created under the "Federal Deposit Insurance Act," 64 Stat. 873	32001
(1950), 12 U.S.C. 1811, as amended, and regulations adopted under	32002
it, including at least the federal deposit insurance corporation,	32003
bank insurance fund, and savings association insurance fund. The	32004
securities shall be security for the repayment of the certificate	32005
of deposit.	32006

Immediately upon a deposit of cash, certificates of deposit,	32007
or letters of credit with the chief, the chief shall deliver them	32008
to the treasurer of state who shall hold them in trust for the	32009
purposes for which they have been deposited.	32010

Instead of a surety bond, the chief may accept proof of	32011
financial responsibility consisting of a sworn financial statement	32012
showing a net financial worth within this state equal to twice the	32013
amount of the bond for which it substitutes and, as may be	32014
required by the chief, a list of producing properties of the owner	32015
within this state or other evidence showing ability and intent to	32016
comply with the law and rules concerning restoration and plugging	32017
that may be required by rule of the chief. The owner of an exempt	32018
Mississippian well is not required to file scheduled updates of	32019
the financial documents, but shall file updates of those documents	32020
if requested to do so by the chief. The owner of a nonexempt	32021
Mississippian well shall file updates of the financial documents	32022
in accordance with a schedule established by rule of the chief.	32023
The chief, upon determining that an owner for whom the chief has	32024
accepted proof of financial responsibility instead of bond cannot	32025
demonstrate financial responsibility, shall order that the owner	32026
execute and file a bond or deposit cash, certificates of deposit,	32027
or irrevocable letters of credit as required by this section for	32028
the wells specified in the order within ten days of receipt of the	32029
order. If the order is not complied with, all wells of the owner	32030
that are specified in the order and for which no bond is filed or	32031
cash, certificates of deposit, or letters of credit are deposited	32032
shall be plugged. No owner shall fail or refuse to plug such a	32033
well. Each day on which such a well remains unplugged thereafter	32034
constitutes a separate offense.	32035

The surety bond provided for in this section shall be	32036
executed by a surety company authorized to do business in this	32037
state.	32038

The chief shall not approve any bond until it is personally	32039
signed and acknowledged by both principal and surety, or as to	32040
either by the principal's or surety's attorney in fact, with a	32041
certified copy of the power of attorney attached thereto. The	32042
chief shall not approve a bond unless there is attached a	32043
certificate of the superintendent of insurance that the company is	32044
authorized to transact a fidelity and surety business in this	32045
state.	32046

All bonds shall be given in a form to be prescribed by the	32047
chief and shall run to the state as obligee.	32048

An owner of an exempt Mississippian well or an exempt	32049
domestic well, in lieu of filing a surety bond, cash in an amount	32050
equal to the surety bond, certificates of deposit, irrevocable	32051
letters of credit, or a sworn financial statement, may file a	32052
one-time fee of fifty dollars, which shall be deposited in the oil	32053
and gas well plugging fund created in section 1509.071 of the	32054
Revised Code.	32055

An owner, operator, producer, or other person shall not	32056
operate a well or produce from a well at any time if the owner,	32057
operator, producer, or other person has not satisfied the	32058
requirements established in this section.	32059

Sec. 1509.071. (A) When the chief of the division of ~~mineral~~	32060
oil and gas resources management finds that an owner has failed to	32061
comply with a final nonappealable order issued or compliance	32062
agreement entered into under section 1509.04, the restoration	32063
requirements of section 1509.072, plugging requirements of section	32064
1509.12, or permit provisions of section 1509.13 of the Revised	32065
Code, or rules and orders relating thereto, the chief shall make a	32066
finding of that fact and declare any surety bond filed to ensure	32067
compliance with those sections and rules forfeited in the amount	32068
set by rule of the chief. The chief thereupon shall certify the	32069
total forfeiture to the attorney general, who shall proceed to	32070
collect the amount of the forfeiture. In addition, the chief may	32071
require an owner, operator, producer, or other person who	32072
forfeited a surety bond to post a new surety bond in the amount of	32073
fifteen thousand dollars for a single well, thirty thousand	32074
dollars for two wells, or fifty thousand dollars for three or more	32075
wells.	32076

In lieu of total forfeiture, the surety or owner, at the	32077
surety's or owner's option, may cause the well to be properly	32078
plugged and abandoned and the area properly restored or pay to the	32079
treasurer of state the cost of plugging and abandonment.	32080

(B) All moneys collected because of forfeitures of bonds as	32081
provided in this section shall be deposited in the state treasury	32082
to the credit of the oil and gas well fund created in section	32083
1509.02 of the Revised Code.	32084

The chief annually shall spend not less than fourteen per	32085
cent of the revenue credited to the fund during the previous	32086
fiscal year for the following purposes:	32087

(1) In accordance with division (D) of this section, to plug	32088
idle and orphaned wells or to restore the land surface properly as	32089
required in section 1509.072 of the Revised Code;	32090

(2) In accordance with division (E) of this section, to	32091
correct conditions that the chief reasonably has determined are	32092
causing imminent health or safety risks at an idle and orphaned	32093
well or a well for which the owner cannot be contacted in order to	32094
initiate a corrective action within a reasonable period of time as	32095
determined by the chief.	32096

Expenditures from the fund shall be made only for lawful	32097
purposes. In addition, expenditures from the fund shall not be	32098
made to purchase real property or to remove a dwelling in order to	32099
access a well.	32100

(C)(1) Upon determining that the owner of a well has failed	32101
to properly plug and abandon it or to properly restore the land	32102
surface at the well site in compliance with the applicable	32103
requirements of this chapter and applicable rules adopted and	32104
orders issued under it or that a well is an abandoned well for	32105
which no funds are available to plug the well in accordance with	32106
this chapter, the chief shall do all of the following:	32107

(a) Determine from the records in the office of the county	32108
recorder of the county in which the well is located the identity	32109
of the owner of the land on which the well is located, the	32110
identity of the owner of the oil or gas lease under which the well	32111
was drilled or the identity of each person owning an interest in	32112
the lease, and the identities of the persons having legal title	32113
to, or a lien upon, any of the equipment appurtenant to the well;	32114

(b) Mail notice to the owner of the land on which the well is	32115
located informing the landowner that the well is to be plugged. If	32116
the owner of the oil or gas lease under which the well was drilled	32117
is different from the owner of the well or if any persons other	32118
than the owner of the well own interests in the lease, the chief	32119
also shall mail notice that the well is to be plugged to the owner	32120
of the lease or to each person owning an interest in the lease, as	32121
appropriate.	32122

(c) Mail notice to each person having legal title to, or a	32123
lien upon, any equipment appurtenant to the well, informing the	32124
person that the well is to be plugged and offering the person the	32125
opportunity to plug the well and restore the land surface at the	32126
well site at the person's own expense in order to avoid forfeiture	32127
of the equipment to this state.	32128

(2) If none of the persons described in division (C)(1)(c) of	32129
this section plugs the well within sixty days after the mailing of	32130
the notice required by that division, all equipment appurtenant to	32131
the well is hereby declared to be forfeited to this state without	32132
compensation and without the necessity for any action by the state	32133
for use to defray the cost of plugging and abandoning the well and	32134
restoring the land surface at the well site.	32135

(D) Expenditures from the fund for the purpose of division	32136
(B)(1) of this section shall be made in accordance with either of	32137
the following:	32138

(1) The expenditures may be made pursuant to contracts	32139
entered into by the chief with persons who agree to furnish all of	32140
the materials, equipment, work, and labor as specified and	32141
provided in such a contract for activities associated with the	32142
restoration or plugging of a well as determined by the chief. The	32143
activities may include excavation to uncover a well, geophysical	32144
methods to locate a buried well when clear evidence of leakage	32145
from the well exists, cleanout of wellbores to remove material	32146
from a failed plugging of a well, plugging operations,	32147
installation of vault and vent systems, including associated	32148
engineering certifications and permits, restoration of property,	32149
and repair of damage to property that is caused by such	32150
activities. Expenditures shall not be used for salaries,	32151
maintenance, equipment, or other administrative purposes, except	32152
for costs directly attributed to the plugging of an idle and	32153
orphaned well. Agents or employees of persons contracting with the	32154
chief for a restoration or plugging project may enter upon any	32155
land, public or private, on which the well is located for the	32156
purpose of performing the work. Prior to such entry, the chief	32157
shall give to the following persons written notice of the	32158
existence of a contract for a project to restore or plug a well,	32159
the names of the persons with whom the contract is made, and the	32160
date that the project will commence: the owner of the well, the	32161
owner of the land upon which the well is located, the owner or	32162
agents of adjoining land, and, if the well is located in the same	32163
township as or in a township adjacent to the excavations and	32164
workings of a mine and the owner or lessee of that mine has	32165
provided written notice identifying those townships to the chief	32166
at any time during the immediately preceding three years, the	32167
owner or lessee of the mine.	32168

(2)(a) The owner of the land on which a well is located who	32169
has received notice under division (C)(1)(b) of this section may	32170
plug the well and be reimbursed by the division of oil and gas	32171
resources management for the reasonable cost of plugging the well.	32172
In order to plug the well, the landowner shall submit an	32173
application to the chief on a form prescribed by the chief and	32174
approved by the technical advisory council on oil and gas created	32175
in section 1509.38 of the Revised Code. The application, at a	32176
minimum, shall require the landowner to provide the same	32177
information as is required to be included in the application for a	32178
permit to plug and abandon under section 1509.13 of the Revised	32179
Code. The application shall be accompanied by a copy of a proposed	32180
contract to plug the well prepared by a contractor regularly	32181
engaged in the business of plugging oil and gas wells. The	32182
proposed contract shall require the contractor to furnish all of	32183
the materials, equipment, work, and labor necessary to plug the	32184
well properly and shall specify the price for doing the work,	32185
including a credit for the equipment appurtenant to the well that	32186
was forfeited to the state through the operation of division	32187
(C)(2) of this section. Expenditures under division (D)(2)(a) of	32188
this section shall be consistent with the expenditures for	32189
activities described in division (D)(1) of this section. The	32190
application also shall be accompanied by the permit fee required	32191
by section 1509.13 of the Revised Code unless the chief, in the	32192
chief's discretion, waives payment of the permit fee. The	32193
application constitutes an application for a permit to plug and	32194
abandon the well for the purposes of section 1509.13 of the	32195
Revised Code.	32196

(b) Within thirty days after receiving an application and	32197
accompanying proposed contract under division (D)(2)(a) of this	32198
section, the chief shall determine whether the plugging would	32199
comply with the applicable requirements of this chapter and	32200
applicable rules adopted and orders issued under it and whether	32201
the cost of the plugging under the proposed contract is	32202
reasonable. If the chief determines that the proposed plugging	32203
would comply with those requirements and that the proposed cost of	32204
the plugging is reasonable, the chief shall notify the landowner	32205
of that determination and issue to the landowner a permit to plug	32206
and abandon the well under section 1509.13 of the Revised Code.	32207
Upon approval of the application and proposed contract, the chief	32208
shall transfer ownership of the equipment appurtenant to the well	32209
to the landowner. The chief may disapprove an application	32210
submitted under division (D)(2)(a) of this section if the chief	32211
determines that the proposed plugging would not comply with the	32212
applicable requirements of this chapter and applicable rules	32213
adopted and orders issued under it, that the cost of the plugging	32214
under the proposed contract is unreasonable, or that the proposed	32215
contract is not a bona fide, ~~arms~~arm's length contract.	32216

(c) After receiving the chief's notice of the approval of the	32217
application and permit to plug and abandon a well under division	32218
(D)(2)(b) of this section, the landowner shall enter into the	32219
proposed contract to plug the well.	32220

(d) Upon determining that the plugging has been completed in	32221
compliance with the applicable requirements of this chapter and	32222
applicable rules adopted and orders issued under it, the chief	32223
shall reimburse the landowner for the cost of the plugging as set	32224
forth in the proposed contract approved by the chief. The	32225
reimbursement shall be paid from the oil and gas well fund. If the	32226
chief determines that the plugging was not completed in accordance	32227
with the applicable requirements, the chief shall not reimburse	32228
the landowner for the cost of the plugging, and the landowner or	32229
the contractor, as applicable, promptly shall transfer back to	32230
this state title to and possession of the equipment appurtenant to	32231
the well that previously was transferred to the landowner under	32232
division (D)(2)(b) of this section. If any such equipment was	32233
removed from the well during the plugging and sold, the landowner	32234
shall pay to the chief the proceeds from the sale of the	32235
equipment, and the chief promptly shall pay the moneys so received	32236
to the treasurer of state for deposit into the oil and gas well	32237
fund.	32238

The chief may establish an annual limit on the number of	32239
wells that may be plugged under division (D)(2) of this section or	32240
an annual limit on the expenditures to be made under that	32241
division.	32242

As used in division (D)(2) of this section, "plug" and	32243
"plugging" include the plugging of the well and the restoration of	32244
the land surface disturbed by the plugging.	32245

(E) Expenditures from the oil and gas well fund for the	32246
purpose of division (B)(2) of this section may be made pursuant to	32247
contracts entered into by the chief with persons who agree to	32248
furnish all of the materials, equipment, work, and labor as	32249
specified and provided in such a contract. The competitive bidding	32250
requirements of Chapter 153. of the Revised Code do not apply if	32251
the chief reasonably determines that correction of the applicable	32252
health or safety risk requires immediate action. The chief,	32253
designated representatives of the chief, and agents or employees	32254
of persons contracting with the chief under this division may	32255
enter upon any land, public or private, for the purpose of	32256
performing the work.	32257

(F) Contracts entered into by the chief under this section	32258
are not subject to either of the following:	32259

(1) Chapter 4115. of the Revised Code;

32260

(2) Section 153.54 of the Revised Code, except that the	32261
contractor shall obtain and provide to the chief as a bid guaranty	32262
a surety bond or letter of credit in an amount equal to ten per	32263
cent of the amount of the contract.	32264

(G) The owner of land on which a well is located who has	32265
received notice under division (C)(1)(b) of this section, in lieu	32266
of plugging the well in accordance with division (D)(2) of this	32267
section, may cause ownership of the well to be transferred to an	32268
owner who is lawfully doing business in this state and who has met	32269
the financial responsibility requirements established under	32270
section 1509.07 of the Revised Code, subject to the approval of	32271
the chief. The transfer of ownership also shall be subject to the	32272
landowner's filing the appropriate forms required under section	32273
1509.31 of the Revised Code and providing to the chief sufficient	32274
information to demonstrate the landowner's or owner's right to	32275
produce a formation or formations. That information may include a	32276
deed, a lease, or other documentation of ownership or property	32277
rights.	32278

The chief shall approve or disapprove the transfer of	32279
ownership of the well. If the chief approves the transfer, the	32280
owner is responsible for operating the well in accordance with	32281
this chapter and rules adopted under it, including, without	32282
limitation, all of the following:	32283

(1) Filing an application with the chief under section	32284
1509.06 of the Revised Code if the owner intends to drill deeper	32285
or produce a formation that is not listed in the records of the	32286
division for that well;	32287

(2) Taking title to and possession of the equipment	32288
appurtenant to the well that has been identified by the chief as	32289
having been abandoned by the former owner;	32290

(3) Complying with all applicable requirements that are	32291
necessary to drill deeper, plug the well, or plug back the well.	32292

(H) The chief shall issue an order that requires the owner of	32293
a well to pay the actual documented costs of a corrective action	32294
that is described in division (B)(2) of this section concerning	32295
the well. The chief shall transmit the money so recovered to the	32296
treasurer of state who shall deposit the money in the state	32297
treasury to the credit of the oil and gas well fund.	32298

Sec. 1509.072. No oil or gas well owner or agent of an oil	32299
or gas well owner shall fail to restore the land surface within	32300
the area disturbed in siting, drilling, completing, and producing	32301
the well as required in this section.	32302

(A) Within fourteen days after the date upon which the	32303
drilling of a well is completed to total depth in an urbanized	32304
area and within two months after the date upon which the drilling	32305
of a well is completed in all other areas, the owner or the	32306
owner's agent, in accordance with the restoration plan filed under	32307
division (A)(10) of section 1509.06 of the Revised Code, shall	32308
fill all the pits for containing brine and other waste substances	32309
resulting, obtained, or produced in connection with exploration or	32310
drilling for oil or gas that are not required by other state or	32311
federal law or regulation, and remove all drilling supplies and	32312
drilling equipment. Unless the chief of the division of ~~mineral~~	32313
oil and gas resources management approves a longer time period,	32314
within three months after the date upon which the surface drilling	32315
of a well is commenced in an urbanized area and within six months	32316
after the date upon which the surface drilling of a well is	32317
commenced in all other areas, the owner or the owner's agent shall	32318
grade or terrace and plant, seed, or sod the area disturbed that	32319
is not required in production of the well where necessary to bind	32320
the soil and prevent substantial erosion and sedimentation. If the	32321
chief finds that a pit used for containing brine, other waste	32322
substances, or oil is in violation of section 1509.22 of the	32323
Revised Code or rules adopted or orders issued under it, the chief	32324
may require the pit to be emptied and closed before expiration of	32325
the fourteen-day or three-month restoration period.	32326

(B) Within three months after a well that has produced oil or	32327
gas is plugged in an urbanized area and within six months after a	32328
well that has produced oil or gas is plugged in all other areas,	32329
or after the plugging of a dry hole, unless the chief approves a	32330
longer time period, the owner or the owner's agent shall remove	32331
all production and storage structures, supplies, and equipment,	32332
and any oil, salt water, and debris, and fill any remaining	32333
excavations. Within that period the owner or the owner's agent	32334
shall grade or terrace and plant, seed, or sod the area disturbed	32335
where necessary to bind the soil and prevent substantial erosion	32336
and sedimentation.	32337

The owner shall be released from responsibility to perform	32338
any or all restoration requirements of this section on any part or	32339
all of the area disturbed upon the filing of a request for a	32340
waiver with and obtaining the written approval of the chief, which	32341
request shall be signed by the surface owner to certify the	32342
approval of the surface owner of the release sought. The chief	32343
shall approve the request unless the chief finds upon inspection	32344
that the waiver would be likely to result in substantial damage to	32345
adjoining property, substantial contamination of surface or	32346
underground water, or substantial erosion or sedimentation.	32347

The chief, by order, may shorten the time periods provided	32348
for under division (A) or (B) of this section if failure to	32349
shorten the periods would be likely to result in damage to public	32350
health or the waters or natural resources of the state.	32351

The chief, upon written application by an owner or an owner's	32352
agent showing reasonable cause, may extend the period within which	32353
restoration shall be completed under divisions (A) and (B) of this	32354
section, but not to exceed a further six-month period, except	32355
under extraordinarily adverse weather conditions or when essential	32356
equipment, fuel, or labor is unavailable to the owner or the	32357
owner's agent.	32358

If the chief refuses to approve a request for waiver or	32359
extension, the chief shall do so by order.	32360

Sec. 1509.073. A person that is issued a permit under this	32361
chapter to drill a new well or drill an existing well deeper in an	32362
urbanized area shall establish fluid drilling conditions prior to	32363
penetration of the Onondaga limestone and continue to use fluid	32364
drilling until total depth of the well is achieved unless the	32365
chief of the division of ~~mineral~~oil and gas resources management	32366
authorizes such drilling without using fluid.	32367

Sec. 1509.08. Upon receipt of an application for a permit	32368
required by section 1509.05 of the Revised Code, or upon receipt	32369
of an application for a permit to plug and abandon under section	32370
1509.13 of the Revised Code, the chief of the division of ~~mineral~~	32371
oil and gas resources management shall determine whether the well	32372
is or is to be located in a coal bearing township.	32373

Whether or not the well is or is to be located in a coal	32374
bearing township, the chief, by order, may refuse to issue a	32375
permit required by section 1509.05 of the Revised Code to any	32376
applicant who at the time of applying for the permit is in	32377
material or substantial violation of this chapter or rules adopted	32378
or orders issued under it. The chief shall refuse to issue a	32379
permit to any applicant who at the time of applying for the permit	32380
has been found liable by a final nonappealable order of a court of	32381
competent jurisdiction for damage to streets, roads, highways,	32382
bridges, culverts, or drainways pursuant to section 4513.34 or	32383
5577.12 of the Revised Code until the applicant provides the chief	32384
with evidence of compliance with the order. No applicant shall	32385
attempt to circumvent this provision by applying for a permit	32386
under a different name or business organization name, by	32387
transferring responsibility to another person or entity, by	32388
abandoning the well or lease, or by any other similar act.	32389

If the well is not or is not to be located in a coal bearing	32390
township, or if it is to be located in a coal bearing township,	32391
but the landowner submits an affidavit attesting to ownership of	32392
the property in fee simple, including the coal, and has no	32393
objection to the well, the chief shall issue the permit.	32394

If the application to drill, reopen, or convert concerns a	32395
well that is or is to be located in a coal bearing township, the	32396
chief shall transmit to the chief of the division of mineral	32397
resources management two copies of the application and three	32398
copies of the map required in section 1509.06 of the Revised Code,	32399
except that, when the affidavit with the waiver of objection	32400
described above is submitted, the chief of the division of oil and	32401
gas resources management shall not transmit the copies.	32402

The chief of the division of mineral resources management	32403
immediately shall notify the owner or lessee of any affected mine	32404
that the application has been filed and send to the owner or	32405
lessee two copies of the map accompanying the application setting	32406
forth the location of the well.	32407

If the owner or lessee objects to the location of the well or	32408
objects to any location within fifty feet of the original location	32409
as a possible site for relocation of the well, the owner or lessee	32410
shall notify the chief of the division of mineral resources	32411
management of the objection, giving the reasons for the objection	32412
and, if applicable, indicating on a copy of the map the particular	32413
location or locations within fifty feet of the original location	32414
to which the owner or lessee objects as a site for possible	32415
relocation of the well, within six days after the receipt of the	32416
notice. If the chief receives no objections from the owner or	32417
lessee of the mine within ten days after the receipt of the notice	32418
by the owner or lessee, or if in the opinion of the chief the	32419
objections offered by the owner or lessee are not sufficiently	32420
well founded, the chief immediately shall notify the owner or	32421
lessee of those findings. The owner or lessee may appeal the	32422
decision of the chief to the reclamation commission under section	32423
1513.13 of the Revised Code. The appeal shall be filed within	32424
fifteen days, notwithstanding provisions in divisions (A)(1) of	32425
section 1513.13 of the Revised Code, to the contrary, from the	32426
date on which the owner or lessee receives the notice. If the	32427
appeal is not filed within that time, the chief immediately shall	32428
approve the application ~~and~~, retain a copy of the application and	32429
map, and return a copy of the application to the chief of the	32430
division of oil and gas resources management with the approval	32431
noted on it. The chief of the division of oil and gas resources	32432
management then shall issue the permit if the provisions of this	32433
chapter pertaining to the issuance of such a permit have been	32434
complied with.	32435

If the chief of the division of mineral resources management	32436
receives an objection from the owner or lessee of the mine as to	32437
the location of the well within ten days after receipt of the	32438
notice by the owner or lessee, and if in the opinion of the chief	32439
the objection is well founded, the chief shall disapprove the	32440
application and ~~suggest~~immediately return it to the chief of the	32441
division of oil and gas resources management together with the	32442
reasons for disapproval and a suggestion for a new location for	32443
the well, provided that the suggested new location shall not be a	32444
location within fifty feet of the original location to which the	32445
owner or lessee has objected as a site for possible relocation of	32446
the well if the chief of the division of mineral resources	32447
management has determined that the objection is well founded. The	32448
chief of the division of oil and gas resources management	32449
immediately shall notify the applicant for the permit of the	32450
disapproval and any suggestion made by the chief of the division	32451
of mineral resources management as to a new location for the well.	32452
The applicant may withdraw the application or amend the	32453
application to drill the well at the location suggested by the	32454
chief, or the applicant may appeal the disapproval of the	32455
application by the chief to the reclamation commission.	32456

If the chief of the division of mineral resources management	32457
receives no objection from the owner or lessee of a mine as to the	32458
location of the well, but does receive an objection from the owner	32459
or lessee as to one or more locations within fifty feet of the	32460
original location as possible sites for relocation of the well	32461
within ten days after receipt of the notice by the owner or	32462
lessee, and if in the opinion of the chief the objection is well	32463
founded, the chief nevertheless shall approve the application and	32464
shall return it immediately to the chief of the division of oil	32465
and gas resources management together with the reasons for	32466
disapproving any of the locations to which the owner or lessee	32467
objects as possible sites for the relocation of the well. The	32468
chief of the division of oil and gas resources management then	32469
shall issue a permit if the provisions of this chapter pertaining	32470
to the issuance of such a permit have been complied with,	32471
incorporating as a term or condition of the permit that the	32472
applicant is prohibited from commencing drilling at any location	32473
within fifty feet of the original location that has been	32474
disapproved by the chief of the division of mineral resources	32475
management. The applicant may appeal to the reclamation commission	32476
the terms and conditions of the permit prohibiting the	32477
commencement of drilling at any such location disapproved by the	32478
chief of the division of mineral resources management.	32479

Any such appeal shall be filed within fifteen days,	32480
notwithstanding provisions in division (A)(1) of section 1513.13	32481
of the Revised Code to the contrary, from the date the applicant	32482
receives notice of the disapproval of the application, any other	32483
location within fifty feet of the original location, or terms or	32484
conditions of the permit, or the owner or lessee receives notice	32485
of the chief's decision. No approval or disapproval of an	32486
application shall be delayed by the chief of the division of	32487
mineral resources management for more than fifteen days from the	32488
date of sending the notice of the application to the mine owner or	32489
lessee as required by this section.	32490

All appeals provided for in this section shall be treated as	32491
expedited appeals. The reclamation commission shall hear any such	32492
appeal in accordance with section 1513.13 of the Revised Code and	32493
issue a decision within thirty days of the filing of the notice of	32494
appeal.	32495

The chief of the division of oil and gas resources management	32496
shall not issue a permit to drill a new well or reopen a well that	32497
is or is to be located within three hundred feet of any opening of	32498
any mine used as a means of ingress, egress, or ventilation for	32499
persons employed in the mine, nor within one hundred feet of any	32500
building or inflammable structure connected with the mine and	32501
actually used as a part of the operating equipment of the mine,	32502
unless the chief of the division of mineral resources management	32503
determines that life or property will not be endangered by	32504
drilling and operating the well in that location.	32505

The chief of the division of mineral resources management may	32506
suspend the drilling or reopening of a well in a coal bearing	32507
township after determining that the drilling or reopening	32508
activities present an imminent and substantial threat to public	32509
health or safety or to miners' health or safety and having been	32510
unable to contact the chief of the division of oil and gas	32511
resources management to request an order of suspension under	32512
section 1509.06 of the Revised Code. Before issuing a suspension	32513
order for that purpose, the chief of the division of mineral	32514
resources management shall notify the owner in a manner that in	32515
the chief's judgment would provide reasonable notification that	32516
the chief intends to issue a suspension order. The chief may issue	32517
such an order without prior notification if reasonable attempts to	32518
notify the owner have failed, but in that event notification shall	32519
be given as soon thereafter as practical. Within five calendar	32520
days after the issuance of the order, the chief shall provide the	32521
owner an opportunity to be heard and to present evidence that the	32522
activities do not present an imminent and substantial threat to	32523
public health or safety or to miners' health or safety. If, after	32524
considering the evidence presented by the owner, the chief	32525
determines that the activities do not present such a threat, the	32526
chief shall revoke the suspension order. An owner may appeal a	32527
suspension order issued by the chief of the division of mineral	32528
resources management under this section to the reclamation	32529
commission in accordance with section 1513.13 of the Revised Code	32530
or may appeal the order directly to the court of common pleas of	32531
the county in which the well is located.	32532

Sec. 1509.09. A well may be drilled under a permit only at	32533
the location designated on the map required in section 1509.06 of	32534
the Revised Code. The location of a well may be changed after the	32535
issuance of a permit only with the approval of the chief of the	32536
division of ~~mineral~~oil and gas resources management and, if the	32537
well is located in a coal bearing township, with the approval of	32538
the chief of the division of mineral resources management using	32539
the procedures required in section 1509.08 of the Revised Code for	32540
a permit to drill a well unless the permit holder requests the	32541
issuance of an emergency drilling permit under this section due to	32542
a lost hole under such circumstances that completion of the well	32543
is not feasible at the original location. If a permit holder	32544
requests a change of location, the permit holder shall return the	32545
original permit and file an amended map indicating the proposed	32546
new location.	32547

Drilling shall not be commenced at a new location until the	32548
original permit bearing a notation of approval by the chief or	32549
chiefs is posted at the well site. However, a permit holder may	32550
commence drilling at a new location without first receiving the	32551
prior approval required by this section, if all of the following	32552
conditions are met:	32553

(A) Within one working day after spudding the new well, the	32554
permit holder files a request for an emergency drilling permit and	32555
submits to the chief of the division of oil and gas resources	32556
management an application for a permit that meets the requirements	32557
of section 1509.06 of the Revised Code, including the permit fee	32558
required by that section, with an amended map showing the new	32559
location;.	32560

(B) ~~A mineral~~An oil and gas resources inspector is present	32561
before spudding operations are commenced at the location;.	32562

(C) The original well is plugged prior to the skidding of the	32563
drilling rig to the new location, and the plugging is witnessed or	32564
verified by ~~a mineral~~an oil and gas resources inspector or, if	32565
the well is located in a coal bearing township, both a deputy mine	32566
inspector and ~~a mineral~~an oil and gas resources inspector unless	32567
the chief or the chief's authorized representative temporarily	32568
waives the requirement, but in any event the original well shall	32569
be plugged before the drilling rig is moved from the location;.	32570

(D) The new location is within fifty feet of the original	32571
location unless, upon request of the permit holder, the chief,	32572
with the approval of the chief of the division of mineral	32573
resources management if the well is located in a coal bearing	32574
township, agrees to a new location farther than fifty feet from	32575
the original location;.	32576

(E) The new location meets all the distance and spacing	32577
requirements prescribed by rules adopted under sections 1509.23	32578
and 1509.24 of the Revised Code;.	32579

(F) If the well is located in a coal bearing township, use of	32580
the new well location has not been disapproved by the chief of the	32581
division of mineral resources management and has not been	32582
prohibited as a term or condition of the permit under section	32583
1509.08 of the Revised Code.	32584

If the chief of the division of oil and gas resources	32585
management approves the change of location, the chief shall issue	32586
an emergency permit within two working days after the filing of	32587
the request for the emergency permit. If the chief disapproves the	32588
change of location, the chief shall, by order, deny the request	32589
and may issue an appropriate enforcement order under section	32590
1509.03 of the Revised Code.	32591

Sec. 1509.10. (A) Any person drilling within the state	32592
shall, within sixty days after the completion of drilling	32593
operations to the proposed total depth or after a determination	32594
that a well is a dry or lost hole, file with the division of	32595
~~mineral~~oil and gas resources management all wireline electric	32596
logs and an accurate well completion record on a form that is	32597
approved by the chief of the division of ~~mineral~~oil and gas	32598
resources management that designates:	32599

(1) The purpose for which the well was drilled;

32600

(2) The character, depth, and thickness of geological units	32601
encountered, including coal seams, mineral beds, associated fluids	32602
such as fresh water, brine, and crude oil, natural gas, and sour	32603
gas, if such seams, beds, fluids, or gases are known;	32604

(3) The dates on which drilling operations were commenced and	32605
completed;	32606

(4) The types of drilling tools used and the name of the	32607
person that drilled the well;	32608

(5) The length in feet of the various sizes of casing and	32609
tubing used in drilling the well, the amount removed after	32610
completion, the type and setting depth of each packer, all other	32611
data relating to cementing in the annular space behind such casing	32612
or tubing, and data indicating completion as a dry, gas, oil,	32613
combination oil and gas, brine injection, or artificial brine well	32614
or a stratigraphic test;	32615

(6) The number of perforations in the casing and the	32616
intervals of the perforations;	32617

(7) The elevation above mean sea level of the point from	32618
which the depth measurements were made, stating also the height of	32619
the point above ground level at the well, the total depth of the	32620
well, and the deepest geological unit that was penetrated in the	32621
drilling of the well;	32622

(8) If applicable, the type, volume, and concentration of	32623
acid, and the date on which acid was used in acidizing the well;	32624

(9) If applicable, the type and volume of fluid used to	32625
stimulate the reservoir of the well, the reservoir breakdown	32626
pressure, the method used for the containment of fluids recovered	32627
from the fracturing of the well, the methods used for the	32628
containment of fluids when pulled from the wellbore from swabbing	32629
the well, the average pumping rate of the well, and the name of	32630
the person that performed the well stimulation. In addition, the	32631
owner shall include a copy of the log from the stimulation of the	32632
well, a copy of the invoice for each of the procedures and methods	32633
described in division (A)(9) of this section that were used on a	32634
well, and a copy of the pumping pressure and rate graphs. However,	32635
the owner may redact from the copy of each invoice that is	32636
required to be included under division (A)(9) of this section the	32637
costs of and charges for the procedures and methods described in	32638
division (A)(9) of this section that were used on a well.	32639

(10) The name of the company that performed the logging of	32640
the well and the types of wireline electric logs performed on the	32641
well.	32642

The well completion record shall be submitted in duplicate.	32643
The first copy shall be retained as a permanent record in the	32644
files of the division, and the second copy shall be transmitted by	32645
the chief to the division of geological survey.	32646

(B)(1) Not later than sixty days after the completion of the	32647
drilling operations to the proposed total depth, the owner shall	32648
file all wireline electric logs with the division of ~~mineral~~oil	32649
and gas resources management and the chief shall transmit such	32650
logs electronically, if available, to the division of geological	32651
survey. Such logs may be retained by the owner for a period of not	32652
more than six months, or such additional time as may be granted by	32653
the chief in writing, after the completion of the well	32654
substantially to the depth shown in the application required by	32655
section 1509.06 of the Revised Code.	32656

(2) If a well is not completed within sixty days after the	32657
completion of drilling operations, the owner shall file with the	32658
division of oil and gas resources management a supplemental well	32659
completion record that includes all of the information required	32660
under this section within sixty days after the completion of the	32661
well.	32662

(C) Upon request in writing by the chief of the division of	32663
geological survey prior to the beginning of drilling of the well,	32664
the person drilling the well shall make available a complete set	32665
of cuttings accurately identified as to depth.	32666

(D) The form of the well completion record required by this	32667
section shall be one that has been approved by the chief of the	32668
division of ~~mineral~~oil and gas resources management and the chief	32669
of the division of geological survey. The filing of a log as	32670
required by this section fulfills the requirement of filing a log	32671
with the chief of the division of geological survey in section	32672
1505.04 of the Revised Code.	32673

(E) If there is a material listed on the invoice that is	32674
required by division (A)(9) of this section for which the division	32675
of ~~mineral~~oil and gas resources management does not have a	32676
material safety data sheet, the chief shall obtain a copy of the	32677
material safety data sheet for the material and post a copy of the	32678
material safety data sheet on the division's web site.	32679

Sec. 1509.11. The owner of any well producing or capable of	32680
producing oil or gas shall file with the chief of the division of	32681
~~mineral~~oil and gas resources management, on or before the	32682
thirty-first day of March, a statement of production of oil, gas,	32683
and brine for the last preceding calendar year in such form as the	32684
chief may prescribe. An owner that has more than one hundred wells	32685
in this state shall submit electronically the statement of	32686
production in a format that is approved by the chief. The chief	32687
shall include on the form, at the minimum, a request for the	32688
submittal of the information that a person who is regulated under	32689
this chapter is required to submit under the "Emergency Planning	32690
and Community Right-To-Know Act of 1986," 100 Stat. 1728, 42	32691
U.S.C.A. 11001, and regulations adopted under it, and that the	32692
division does not obtain through other reporting mechanisms.	32693

Sec. 1509.12. (A) No owner of any well shall construct a	32694
well, or permit defective casing in a well to leak fluids or	32695
gases, that causes damage to other permeable strata, underground	32696
sources of drinking water, or the surface of the land or that	32697
threatens the public health and safety or the environment. Upon	32698
the discovery that the casing in a well is defective or that a	32699
well was not adequately constructed, the owner of the well shall	32700
notify the chief of the division of ~~mineral~~oil and gas resources	32701
management within twenty-four hours of the discovery, and the	32702
owner shall immediately repair the casing, correct the	32703
construction inadequacies, or plug and abandon the well.	32704

(B) When the chief finds that a well should be plugged, the	32705
chief shall notify the owner to that effect by order in writing	32706
and shall specify in the order a reasonable time within which to	32707
comply. No owner shall fail or refuse to plug a well within the	32708
time specified in the order. Each day on which such a well remains	32709
unplugged thereafter constitutes a separate offense.	32710

Where the plugging method prescribed by rules adopted	32711
pursuant to section 1509.15 of the Revised Code cannot be applied	32712
or if applied would be ineffective in carrying out the protection	32713
that the law is meant to give, the chief may designate a different	32714
method of plugging. The abandonment report shall show the manner	32715
in which the well was plugged.	32716

(C) In case of oil or gas wells abandoned prior to September	32717
1, 1978, the board of county commissioners of the county in which	32718
the wells are located may submit to the electors of the county the	32719
question of establishing a special fund, by general levy, by	32720
general bond issue, or out of current funds, which shall be	32721
approved by a majority of the electors voting upon that question	32722
for the purpose of plugging the wells. The fund shall be	32723
administered by the board and the plugging of oil and gas wells	32724
shall be under the supervision of the chief, and the board shall	32725
let contracts for that purpose, provided that the fund shall not	32726
be used for the purpose of plugging oil and gas wells that were	32727
abandoned subsequent to September 1, 1978.	32728

Sec. 1509.13. (A) No person shall plug and abandon a well	32729
without having a permit to do so issued by the chief of the	32730
division of ~~mineral~~oil and gas resources management. The permit	32731
shall be issued by the chief in accordance with this chapter and	32732
shall be valid for a period of twenty-four months from the date of	32733
issue.	32734

(B) Application by the owner for a permit to plug and abandon	32735
shall be filed as many days in advance as will be necessary for a	32736
~~mineral~~an oil and gas resources inspector or, if the well is	32737
located in a coal bearing township, both a deputy mine inspector	32738
and ~~a mineral~~an oil and gas resources inspector to be present at	32739
the plugging. The application shall be filed with the chief upon a	32740
form that the chief prescribes and shall contain the following	32741
information:	32742

(1) The name and address of the owner;

32743

(2) The signature of the owner or the owner's authorized	32744
agent. When an authorized agent signs an application, it shall be	32745
accompanied by a certified copy of the appointment as that agent.	32746

(3) The location of the well identified by section or lot	32747
number, city, village, township, and county;	32748

(4) Designation of well by name and number;

32749

(5) The total depth of the well to be plugged;

32750

(6) The date and amount of last production from the well;

32751

(7) Other data that the chief may require.

32752

(C) If oil or gas has been produced from the well, the	32753
application shall be accompanied by a fee of two hundred fifty	32754
dollars. If a well has been drilled in accordance with law and the	32755
permit is still valid, the permit holder may receive approval to	32756
plug the well from ~~a mineral~~an oil and gas resources inspector so	32757
that the well can be plugged and abandoned without undue delay.	32758
Unless waived by ~~a mineral~~an oil and gas resources inspector,	32759
the owner of a well or the owner's authorized representative shall	32760
notify ~~a mineral~~an oil and gas resources inspector at least	32761
twenty-four hours prior to the commencement of the plugging of a	32762
well. No well shall be plugged and abandoned without ~~a mineral~~an	32763
oil and gas resources inspector present unless permission has been	32764
granted by the chief. The owner of a well that has produced oil or	32765
gas shall give written notice at the same time to the owner of the	32766
land upon which the well is located and to all lessors that	32767
receive gas from the well pursuant to a lease agreement. If the	32768
well penetrates or passes within one hundred feet of the	32769
excavations and workings of a mine, the owner of the well shall	32770
give written notice to the owner or lessee of that mine, of the	32771
well owner's intention to abandon the well and of the time when	32772
the well owner will be prepared to commence plugging it.	32773

(D) An applicant may file a request with the chief for	32774
expedited review of an application for a permit to plug and	32775
abandon a well. The chief may refuse to accept a request for	32776
expedited review if, in the chief's judgment, acceptance of the	32777
request will prevent the issuance, within twenty-one days of	32778
filing, of permits for which applications filed under section	32779
1509.06 of the Revised Code are pending. In addition to a complete	32780
application for a permit that meets the requirements of this	32781
section and the permit fee prescribed by this section, if	32782
applicable, a request shall be accompanied by a nonrefundable	32783
filing fee of five hundred dollars unless the chief has ordered	32784
the applicant to plug and abandon the well. When a request for	32785
expedited review is filed, the chief shall immediately begin to	32786
process the application and shall issue a permit within seven days	32787
of the filing of the request unless the chief, by order, denies	32788
the application.	32789

(E) This section does not apply to a well plugged or	32790
abandoned in compliance with section 1571.05 of the Revised Code.	32791

Sec. 1509.14. Any person who abandons a well, when written	32792
permission has been granted by the chief of the division of	32793
~~mineral~~oil and gas resources management to abandon and plug the	32794
well without an inspector being present to supervise the plugging,	32795
shall make a written report of the abandonment to the chief. The	32796
report shall be submitted not later than thirty days after the	32797
date of abandonment and shall include all of the following:	32798

(A) The date of abandonment;

32799

(B) The name of the owner or operator of the well at the time	32800
of abandonment and the post-office address of the owner or	32801
operator;	32802

(C) The location of the well as to township and county and	32803
the name of the owner of the surface upon which the well is	32804
drilled, with the address thereof;	32805

(D) The date of the permit to drill;

32806

(E) The date when drilled;

32807

(F) The depth of the well;

32808

(G) The depth of the top of the formation to which the well	32809
was drilled;	32810

(H) The depth of each seam of coal drilled through, if known;

32811

(I) A detailed report as to how the well was plugged, giving	32812
in particular the manner in which the coal and various formations	32813
were plugged, and the date of the plugging of the well, including	32814
the names of those who witnessed the plugging of the well.	32815

The report shall be signed by the owner or operator, or the	32816
agent of the owner or operator, who abandons and plugs the well	32817
and verified by the oath of the party so signing. For the purposes	32818
of this section, the ~~mineral~~oil and gas resources inspectors may	32819
take acknowledgments and administer oaths to the parties signing	32820
the report.	32821

Sec. 1509.15. When any well is to be abandoned, it shall	32822
first be plugged in accordance with a method of plugging adopted	32823
by rule by the chief of the division of ~~mineral~~oil and gas	32824
resources management. The abandonment report shall show the manner	32825
in which the well was plugged.	32826

Sec. 1509.17. (A) A well shall be constructed in a manner	32827
that is approved by the chief of the division of ~~mineral~~oil and	32828
gas resources management as specified in the permit using	32829
materials that comply with industry standards for the type and	32830
depth of the well and the anticipated fluid pressures that are	32831
associated with the well. In addition, a well shall be constructed	32832
using sufficient steel or conductor casing in a manner that	32833
supports unconsolidated sediments, that protects and isolates all	32834
underground sources of drinking water as defined by the Safe	32835
Drinking Water Act, and that provides a base for a blowout	32836
preventer or other well control equipment that is necessary to	32837
control formation pressures and fluids during the drilling of the	32838
well and other operations to complete the well. Using steel	32839
production casing with sufficient cement, an oil and gas reservoir	32840
shall be isolated during well stimulation and during the	32841
productive life of the well. In addition, sour gas zones and gas	32842
bearing zones that have sufficient pressure and volume to	32843
over-pressurize the surface production casing annulus resulting in	32844
annular overpressurization shall be isolated using approved	32845
cementing, casing, and well construction practices. However,	32846
isolating an oil and gas reservoir shall not exclude open-hole	32847
completion. A well shall not be perforated for purposes of well	32848
stimulation in any zone that is located around casing that	32849
protects underground sources of drinking water without written	32850
authorization from the chief in accordance with division (D) of	32851
this section. When the well penetrates the excavations of a mine,	32852
the casing shall remain intact as provided in section 1509.18 of	32853
the Revised Code and be plugged and abandoned in accordance with	32854
section 1509.15 of the Revised Code.	32855

(B) The chief may adopt rules in accordance with Chapter 119.	32856
of the Revised Code that are consistent with division (A) of this	32857
section and that establish standards for constructing a well, for	32858
evaluating the quality of well construction materials, and for	32859
completing remedial cementing. In addition, the standards	32860
established in the rules shall consider local geology and various	32861
drilling conditions and shall require the use of reasonable	32862
methods that are based on sound engineering principles.	32863

(C) An owner or an owner's authorized representative shall	32864
notify ~~a mineral~~an oil and gas resources inspector each time that	32865
the owner or the authorized representative notifies a person to	32866
perform the cementing of the conductor casing, the surface casing,	32867
or the production casing. In addition, not later than sixty days	32868
after the completion of the cementing of the production casing, an	32869
owner shall submit to the chief a copy of the cement tickets for	32870
each cemented string of casing and a copy of all logs that were	32871
used to evaluate the quality of the cementing.	32872

(D) The chief shall grant an exemption from this section and	32873
rules adopted under it for a well if the chief determines that a	32874
cement bond log confirms zonal isolation and there is a minimum of	32875
five hundred feet between the uppermost perforation of the casing	32876
and the lowest depth of an underground source of drinking water.	32877

Sec. 1509.181. (A) The chief of the division of mineral	32878
resources management may order the immediate suspension of the	32879
drilling or reopening of a well in a coal bearing township after	32880
determining that the drilling or reopening activities present an	32881
imminent and substantial threat to public health or safety or to a	32882
miner's health or safety.	32883

(B) Before issuing an order under division (A) of this	32884
section, the chief shall notify the chief of the division of oil	32885
and gas resources management and the owner in any manner that the	32886
chief of the division of mineral resources management determines	32887
would provide reasonable notification of the chief's intent to	32888
issue a suspension order. However, the chief may order the	32889
immediate suspension of the drilling or reopening of a well in a	32890
coal bearing township without prior notification to the owner if	32891
the chief has made reasonable attempts to notify the owner and the	32892
attempts have failed. If the chief orders the immediate suspension	32893
of such drilling or reopening, the chief shall provide the chief	32894
of the division of oil and gas resources management and the owner	32895
notice of the order as soon as practical.	32896

(C) Not later than five days after the issuance of an order	32897
under division (A) of this section to immediately suspend the	32898
drilling or reopening of a well in a coal bearing township, the	32899
chief of the division of mineral resources management shall	32900
provide the owner an opportunity to be heard and to present	32901
evidence that the drilling or reopening activities will not likely	32902
result in an imminent and substantial threat to public health or	32903
safety or to a miner's health or safety, as applicable. If the	32904
chief, after considering all evidence presented by the owner,	32905
determines that the activities do not present such a threat, the	32906
chief shall revoke the suspension order.	32907

(D) Notwithstanding any other provision of this chapter, an	32908
owner may appeal a suspension order issued under this section to	32909
the reclamation commission in accordance with section 1513.13 of	32910
the Revised Code.	32911

Sec. 1509.19. An owner who elects to stimulate a well shall	32912
stimulate the well in a manner that will not endanger underground	32913
sources of drinking water. Not later than twenty-four hours before	32914
commencing the stimulation of a well, the owner or the owner's	32915
authorized representative shall notify ~~a mineral~~an oil and gas	32916
resources inspector. If during the stimulation of a well damage to	32917
the production casing or cement occurs and results in the	32918
circulation of fluids from the annulus of the surface production	32919
casing, the owner shall immediately terminate the stimulation of	32920
the well and notify the chief of the division of ~~mineral~~oil and	32921
gas resources management. If the chief determines that the casing	32922
and the cement may be remediated in a manner that isolates the oil	32923
and gas bearing zones of the well, the chief may authorize the	32924
completion of the stimulation of the well. If the chief determines	32925
that the stimulation of a well resulted in irreparable damage to	32926
the well, the chief shall order that the well be plugged and	32927
abandoned within thirty days of the issuance of the order.	32928

For purposes of determining the integrity of the remediation	32929
of the casing or cement of a well that was damaged during the	32930
stimulation of the well, the chief may require the owner of the	32931
well to submit cement evaluation logs, temperature surveys,	32932
pressure tests, or a combination of such logs, surveys, and tests.	32933

Sec. 1509.21. No person shall, without first having obtained	32934
a permit from the chief of the division of ~~mineral~~oil and gas	32935
resources management, conduct secondary or additional recovery	32936
operations, including any underground injection of fluids or	32937
carbon dioxide for the secondary or tertiary recovery of oil or	32938
natural gas or for the storage of hydrocarbons that are liquid at	32939
standard temperature or pressure, unless a rule of the chief	32940
expressly authorizes such operations without a permit. The permit	32941
shall be in addition to any permit required by section 1509.05 of	32942
the Revised Code. Secondary or additional recovery operations	32943
shall be conducted in accordance with rules and orders of the	32944
chief and any terms or conditions of the permit authorizing such	32945
operations. In addition, the chief may authorize tests to evaluate	32946
whether fluids or carbon dioxide may be injected in a reservoir	32947
and to determine the maximum allowable injection pressure. The	32948
tests shall be conducted in accordance with methods prescribed in	32949
rules of the chief or conditions of the permit. Rules adopted	32950
under this section shall include provisions regarding applications	32951
for and the issuance of permits; the terms and conditions of	32952
permits; entry to conduct inspections and to examine records to	32953
ascertain compliance with this section and rules, orders, and	32954
terms and conditions of permits adopted or issued thereunder; the	32955
provision and maintenance of information through monitoring,	32956
recordkeeping, and reporting; and other provisions in furtherance	32957
of the goals of this section and the Safe Drinking Water Act. To	32958
implement the goals of the Safe Drinking Water Act, the chief	32959
shall not issue a permit for the underground injection of fluids	32960
for the secondary or tertiary recovery of oil or natural gas or	32961
for the storage of hydrocarbons that are liquid at standard	32962
temperature and pressure, unless the chief concludes that the	32963
applicant has demonstrated that the injection will not result in	32964
the presence of any contaminant in underground water that supplies	32965
or can be reasonably expected to supply any public water system,	32966
such that the presence of any such contaminant may result in the	32967
system's not complying with any national primary drinking water	32968
regulation or may otherwise adversely affect the health of	32969
persons. Rules, orders, and terms or conditions of permits adopted	32970
or issued under this section shall be construed to be no more	32971
stringent than required for compliance with the Safe Drinking	32972
Water Act, unless essential to ensure that underground sources of	32973
drinking water will not be endangered.	32974

Sec. 1509.22. (A) Except when acting in accordance with	32975
section 1509.226 of the Revised Code, no person shall place or	32976
cause to be placed brine, crude oil, natural gas, or other fluids	32977
associated with the exploration or development of oil and gas	32978
resources in surface or ground water or in or on the land in such	32979
quantities or in such manner as actually causes or could	32980
reasonably be anticipated to cause either of the following:	32981

(1) Water used for consumption by humans or domestic animals	32982
to exceed the standards of the Safe Drinking Water Act;	32983

(2) Damage or injury to public health or safety or the	32984
environment.	32985

(B) No person shall store or dispose of brine in violation of	32986
a plan approved under division (A) of section 1509.222 or section	32987
1509.226 of the Revised Code, in violation of a resolution	32988
submitted under section 1509.226 of the Revised Code, or in	32989
violation of rules or orders applicable to those plans or	32990
resolutions.	32991

(C) The chief of the division of ~~mineral~~oil and gas	32992
resources management shall adopt rules and issue orders regarding	32993
storage and disposal of brine and other waste substances; however,	32994
the storage and disposal of brine and other waste substances and	32995
the chief's rules relating to storage and disposal are subject to	32996
all of the following standards:	32997

(1) Brine from any well except an exempt Mississippian well	32998
shall be disposed of only by injection into an underground	32999
formation, including annular disposal if approved by rule of the	33000
chief, which injection shall be subject to division (D) of this	33001
section; by surface application in accordance with section	33002
1509.226 of the Revised Code; in association with a method of	33003
enhanced recovery as provided in section 1509.21 of the Revised	33004
Code; or by other methods approved by the chief for testing or	33005
implementing a new technology or method of disposal. Brine from	33006
exempt Mississippian wells shall not be discharged directly into	33007
the waters of the state.	33008

(2) Muds, cuttings, and other waste substances shall not be	33009
disposed of in violation of any rule.	33010

(3) Pits or steel tanks shall be used as authorized by the	33011
chief for containing brine and other waste substances resulting	33012
from, obtained from, or produced in connection with drilling, well	33013
stimulation, reworking, reconditioning, plugging back, or plugging	33014
operations. The pits and steel tanks shall be constructed and	33015
maintained to prevent the escape of brine and other waste	33016
substances.	33017

(4) A dike or pit may be used for spill prevention and	33018
control. A dike or pit so used shall be constructed and maintained	33019
to prevent the escape of brine and crude oil, and the reservoir	33020
within such a dike or pit shall be kept reasonably free of brine,	33021
crude oil, and other waste substances.	33022

(5) Earthen impoundments constructed pursuant to the	33023
division's specifications may be used for the temporary storage of	33024
fluids used in the stimulation of a well.	33025

(6) No pit, earthen impoundment, or dike shall be used for	33026
the temporary storage of brine or other substances except in	33027
accordance with divisions (C)(3) to (5) of this section.	33028

(7) No pit or dike shall be used for the ultimate disposal of	33029
brine or other liquid waste substances.	33030

(D) No person, without first having obtained a permit from	33031
the chief, shall inject brine or other waste substances resulting	33032
from, obtained from, or produced in connection with oil or gas	33033
drilling, exploration, or production into an underground formation	33034
unless a rule of the chief expressly authorizes the injection	33035
without a permit. The permit shall be in addition to any permit	33036
required by section 1509.05 of the Revised Code, and the permit	33037
application shall be accompanied by a permit fee of one thousand	33038
dollars. The chief shall adopt rules in accordance with Chapter	33039
119. of the Revised Code regarding the injection into wells of	33040
brine and other waste substances resulting from, obtained from, or	33041
produced in connection with oil or gas drilling, exploration, or	33042
production. The rules may authorize tests to evaluate whether	33043
fluids or carbon dioxide may be injected in a reservoir and to	33044
determine the maximum allowable injection pressure, which shall be	33045
conducted in accordance with methods prescribed in the rules or in	33046
accordance with conditions of the permit. In addition, the rules	33047
shall include provisions regarding applications for and issuance	33048
of the permits required by this division; entry to conduct	33049
inspections and to examine and copy records to ascertain	33050
compliance with this division and rules, orders, and terms and	33051
conditions of permits adopted or issued under it; the provision	33052
and maintenance of information through monitoring, recordkeeping,	33053
and reporting; and other provisions in furtherance of the goals of	33054
this section and the Safe Drinking Water Act. To implement the	33055
goals of the Safe Drinking Water Act, the chief shall not issue a	33056
permit for the injection of brine or other waste substances	33057
resulting from, obtained from, or produced in connection with oil	33058
or gas drilling, exploration, or production unless the chief	33059
concludes that the applicant has demonstrated that the injection	33060
will not result in the presence of any contaminant in ground water	33061
that supplies or can reasonably be expected to supply any public	33062
water system, such that the presence of the contaminant may result	33063
in the system's not complying with any national primary drinking	33064
water regulation or may otherwise adversely affect the health of	33065
persons. This division and rules, orders, and terms and conditions	33066
of permits adopted or issued under it shall be construed to be no	33067
more stringent than required for compliance with the Safe Drinking	33068
Water Act unless essential to ensure that underground sources of	33069
drinking water will not be endangered.	33070

(E) The owner holding a permit, or an assignee or transferee	33071
who has assumed the obligations and liabilities imposed by this	33072
chapter and any rules adopted or orders issued under it pursuant	33073
to section 1509.31 of the Revised Code, and the operator of a well	33074
shall be liable for a violation of this section or any rules	33075
adopted or orders or terms or conditions of a permit issued under	33076
it.	33077

(F) An owner shall replace the water supply of the holder of	33078
an interest in real property who obtains all or part of the	33079
holder's supply of water for domestic, agricultural, industrial,	33080
or other legitimate use from an underground or surface source	33081
where the supply has been substantially disrupted by	33082
contamination, diminution, or interruption proximately resulting	33083
from the owner's oil or gas operation, or the owner may elect to	33084
compensate the holder of the interest in real property for the	33085
difference between the fair market value of the interest before	33086
the damage occurred to the water supply and the fair market value	33087
after the damage occurred if the cost of replacing the water	33088
supply exceeds this difference in fair market values. However,	33089
during the pendency of any order issued under this division, the	33090
owner shall obtain for the holder or shall reimburse the holder	33091
for the reasonable cost of obtaining a water supply from the time	33092
of the contamination, diminution, or interruption by the operation	33093
until the owner has complied with an order of the chief for	33094
compliance with this division or such an order has been revoked or	33095
otherwise becomes not effective. If the owner elects to pay the	33096
difference in fair market values, but the owner and the holder	33097
have not agreed on the difference within thirty days after the	33098
chief issues an order for compliance with this division, within	33099
ten days after the expiration of that thirty-day period, the owner	33100
and the chief each shall appoint an appraiser to determine the	33101
difference in fair market values, except that the holder of the	33102
interest in real property may elect to appoint and compensate the	33103
holder's own appraiser, in which case the chief shall not appoint	33104
an appraiser. The two appraisers appointed shall appoint a third	33105
appraiser, and within thirty days after the appointment of the	33106
third appraiser, the three appraisers shall hold a hearing to	33107
determine the difference in fair market values. Within ten days	33108
after the hearing, the appraisers shall make their determination	33109
by majority vote and issue their final determination of the	33110
difference in fair market values. The chief shall accept a	33111
determination of the difference in fair market values made by	33112
agreement of the owner and holder or by appraisers under this	33113
division and shall make and dissolve orders accordingly. This	33114
division does not affect in any way the right of any person to	33115
enforce or protect, under applicable law, the person's interest in	33116
water resources affected by an oil or gas operation.	33117

(G) In any action brought by the state for a violation of	33118
division (A) of this section involving any well at which annular	33119
disposal is used, there shall be a rebuttable presumption	33120
available to the state that the annular disposal caused the	33121
violation if the well is located within a one-quarter-mile radius	33122
of the site of the violation.	33123

Sec. 1509.221. (A) No person, without first having obtained	33124
a permit from the chief of the division of ~~mineral~~oil and gas	33125
resources management, shall drill a well or inject a substance	33126
into a well for the exploration for or extraction of minerals or	33127
energy, other than oil or natural gas, including, but not limited	33128
to, the mining of sulfur by the Frasch process, the solution	33129
mining of minerals, the in situ combustion of fossil fuel, or the	33130
recovery of geothermal energy to produce electric power, unless a	33131
rule of the chief expressly authorizes the activity without a	33132
permit. The permit shall be in addition to any permit required by	33133
section 1509.05 of the Revised Code. The chief shall adopt rules	33134
in accordance with Chapter 119. of the Revised Code governing the	33135
issuance of permits under this section. The rules shall include	33136
provisions regarding the matters the applicant for a permit shall	33137
demonstrate to establish eligibility for a permit; the form and	33138
content of applications for permits; the terms and conditions of	33139
permits; entry to conduct inspections and to examine and copy	33140
records to ascertain compliance with this section and rules,	33141
orders, and terms and conditions of permits adopted or issued	33142
thereunder; provision and maintenance of information through	33143
monitoring, recordkeeping, and reporting; and other provisions in	33144
furtherance of the goals of this section and the Safe Drinking	33145
Water Act. To implement the goals of the Safe Drinking Water Act,	33146
the chief shall not issue a permit under this section, unless the	33147
chief concludes that the applicant has demonstrated that the	33148
drilling, injection of a substance, and extraction of minerals or	33149
energy will not result in the presence of any contaminant in	33150
underground water that supplies or can reasonably be expected to	33151
supply any public water system, such that the presence of the	33152
contaminant may result in the system's not complying with any	33153
national primary drinking water regulation or may otherwise	33154
adversely affect the health of persons. The chief may issue,	33155
without a prior adjudication hearing, orders requiring compliance	33156
with this section and rules, orders, and terms and conditions of	33157
permits adopted or issued thereunder. This section and rules,	33158
orders, and terms and conditions of permits adopted or issued	33159
thereunder shall be construed to be no more stringent than	33160
required for compliance with the Safe Drinking Water Act, unless	33161
essential to ensure that underground sources of drinking water	33162
will not be endangered.	33163

(B)(1) There is levied on the owner of an injection well who	33164
has been issued a permit under division (D) of section 1509.22 of	33165
the Revised Code the following fees:	33166

(a) Five cents per barrel of each substance that is delivered	33167
to a well to be injected in the well when the substance is	33168
produced within the division of ~~mineral~~oil and gas resources	33169
management regulatory district in which the well is located or	33170
within an adjoining ~~mineral~~oil and gas resources management	33171
regulatory district;	33172

(b) Twenty cents per barrel of each substance that is	33173
delivered to a well to be injected in the well when the substance	33174
is not produced within the division of ~~mineral~~oil and gas	33175
resources management regulatory district in which the well is	33176
located or within an adjoining ~~mineral~~oil and gas resources	33177
management regulatory district.	33178

(2) The maximum number of barrels of substance per injection	33179
well in a calendar year on which a fee may be levied under	33180
division (B) of this section is five hundred thousand. If in a	33181
calendar year the owner of an injection well receives more than	33182
five hundred thousand barrels of substance to be injected in the	33183
owner's well and if the owner receives at least one substance that	33184
is produced within the division's regulatory district in which the	33185
well is located or within an adjoining regulatory district and at	33186
least one substance that is not produced within the division's	33187
regulatory district in which the well is located or within an	33188
adjoining regulatory district, the fee shall be calculated first	33189
on all of the barrels of substance that are not produced within	33190
the division's regulatory district in which the well is located or	33191
within an adjoining district at the rate established in division	33192
(B)(2) of this section. The fee then shall be calculated on the	33193
barrels of substance that are produced within the division's	33194
regulatory district in which the well is located or within an	33195
adjoining district at the rate established in division (B)(1) of	33196
this section until the maximum number of barrels established in	33197
division (B)(2) of this section has been attained.	33198

(3) The owner of an injection well who is issued a permit	33199
under division (D) of section 1509.22 of the Revised Code shall	33200
collect the fee levied by division (B) of this section on behalf	33201
of the division of ~~mineral~~oil and gas resources management and	33202
forward the fee to the division. The chief shall transmit all	33203
money received under division (B) of this section to the treasurer	33204
of state who shall deposit the money in the state treasury to the	33205
credit of the oil and gas well fund created in section 1509.02 of	33206
the Revised Code. The owner of an injection well who collects the	33207
fee levied by this division may retain up to three per cent of the	33208
amount that is collected.	33209

(4) The chief shall adopt rules in accordance with Chapter	33210
119. of the Revised Code establishing requirements and procedures	33211
for collection of the fee levied by division (B) of this section.	33212

(C) In an action under section 1509.04 or 1509.33 of the	33213
Revised Code to enforce this section, the court shall grant	33214
preliminary and permanent injunctive relief and impose a civil	33215
penalty upon the showing that the person against whom the action	33216
is brought has violated, is violating, or will violate this	33217
section or rules, orders, or terms or conditions of permits	33218
adopted or issued thereunder. The court shall not require, prior	33219
to granting such preliminary and permanent injunctive relief or	33220
imposing a civil penalty, proof that the violation was, is, or	33221
will be the result of intentional conduct or negligence. In any	33222
such action, any person may intervene as a plaintiff upon the	33223
demonstration that the person has an interest that is or may be	33224
adversely affected by the activity for which injunctive relief or	33225
a civil penalty is sought.	33226

Sec. 1509.222. (A)(1) Except as provided in section 1509.226	33227
of the Revised Code, no person shall transport brine by vehicle in	33228
this state unless the business entity that employs the person	33229
first registers with and obtains a registration certificate and	33230
identification number from the chief of the division of ~~mineral~~	33231
oil and gas resources management.	33232

(2) No more than one registration certificate shall be	33233
required of any business entity. Registration certificates issued	33234
under this section are not transferable. An applicant shall file	33235
an application with the chief, containing such information in such	33236
form as the chief prescribes, but including a plan for disposal	33237
that provides for compliance with the requirements of this chapter	33238
and rules of the chief pertaining to the transportation of brine	33239
by vehicle and the disposal of brine so transported and that lists	33240
all disposal sites that the applicant intends to use, the bond	33241
required by section 1509.225 of the Revised Code, and a	33242
certificate issued by an insurance company authorized to do	33243
business in this state certifying that the applicant has in force	33244
a liability insurance policy in an amount not less than three	33245
hundred thousand dollars bodily injury coverage and three hundred	33246
thousand dollars property damage coverage to pay damages for	33247
injury to persons or property caused by the collecting, handling,	33248
transportation, or disposal of brine. The policy shall be	33249
maintained in effect during the term of the registration	33250
certificate. The policy or policies providing the coverage shall	33251
require the insurance company to give notice to the chief if the	33252
policy or policies lapse for any reason. Upon such termination of	33253
the policy, the chief may suspend the registration certificate	33254
until proper insurance coverage is obtained. Each application for	33255
a registration certificate shall be accompanied by a nonrefundable	33256
fee of five hundred dollars.	33257

(3) If a business entity that has been issued a registration	33258
certificate under this section changes its name due to a business	33259
reorganization or merger, the business entity shall revise the	33260
bond or certificates of deposit required by section 1509.225 of	33261
the Revised Code and obtain a new certificate from an insurance	33262
company in accordance with division (A)(2) of this section to	33263
reflect the change in the name of the business entity.	33264

(B) The chief shall issue an order denying an application for	33265
a registration certificate if the chief finds that either of the	33266
following applies:	33267

(1) The applicant, at the time of applying for the	33268
registration certificate, has been found liable by a final	33269
nonappealable order of a court of competent jurisdiction for	33270
damage to streets, roads, highways, bridges, culverts, or	33271
drainways pursuant to section 4513.34 or 5577.12 of the Revised	33272
Code until the applicant provides the chief with evidence of	33273
compliance with the order.	33274

(2) The applicant's plan for disposal does not provide for	33275
compliance with the requirements of this chapter and rules of the	33276
chief pertaining to the transportation of brine by vehicle and the	33277
disposal of brine so transported.	33278

(C) No applicant shall attempt to circumvent division (B) of	33279
this section by applying for a registration certificate under a	33280
different name or business organization name, by transferring	33281
responsibility to another person or entity, or by any similar act.	33282

(D) A registered transporter shall apply to revise a disposal	33283
plan under procedures that the chief shall prescribe by rule.	33284
However, at a minimum, an application for a revision shall list	33285
all sources and disposal sites of brine currently transported. The	33286
chief shall deny any application for a revision of a plan under	33287
this division if the chief finds that the proposed revised plan	33288
does not provide for compliance with the requirements of this	33289
chapter and rules of the chief pertaining to the transportation of	33290
brine by vehicle and the disposal of brine so transported.	33291
Approvals and denials of revisions shall be by order of the chief.	33292

(E) The chief may adopt rules, issue orders, and attach terms	33293
and conditions to registration certificates as may be necessary to	33294
administer, implement, and enforce sections 1509.222 to 1509.226	33295
of the Revised Code for protection of public health or safety or	33296
conservation of natural resources.	33297

Sec. 1509.223. (A) No permit holder or owner of a well shall	33298
enter into an agreement with or permit any person to transport	33299
brine produced from the well who is not registered pursuant to	33300
section 1509.222 of the Revised Code or exempt from registration	33301
under section 1509.226 of the Revised Code.	33302

(B) Each registered transporter shall file with the chief of	33303
the division of ~~mineral~~oil and gas resources management, on or	33304
before the fifteenth day of April, a statement concerning brine	33305
transported, including quantities transported and source and	33306
delivery points, during the last preceding calendar year, and such	33307
other information in such form as the chief may prescribe.	33308

(C) Each registered transporter shall keep on each vehicle	33309
used to transport brine a daily log and have it available upon the	33310
request of the chief or an authorized representative of the chief	33311
or a peace officer. The log shall, at a minimum, include all of	33312
the following information:	33313

(1) The name of the owner or owners of the well or wells	33314
producing the brine to be transported;	33315

(2) The date and time the brine is loaded;

33316

(3) The name of the driver;

33317

(4) The amount of brine loaded at each collection point;

33318

(5) The disposal location;

33319

(6) The date and time the brine is disposed of and the amount	33320
of brine disposed of at each location.	33321

No registered transporter shall falsify or fail to keep or	33322
submit the log required by this division.	33323

(D) Each registered transporter shall legibly identify with	33324
reflective paints all vehicles employed in transporting or	33325
disposing of brine. Letters shall be no less than four inches in	33326
height and shall indicate the identification number issued by the	33327
chief, the word "brine," and the name and telephone number of the	33328
transporter.	33329

(E) The chief shall maintain and keep a current list of	33330
persons registered to transport brine under section 1509.222 of	33331
the Revised Code. The list shall be open to public inspection. It	33332
is an affirmative defense to a charge under division (A) of this	33333
section that at the time the permit holder or owner of a well	33334
entered into an agreement with or permitted a person to transport	33335
brine, the person was shown on the list as currently registered to	33336
transport brine.	33337

Sec. 1509.224. (A) In addition to any other remedies	33338
provided in this chapter, if the chief of the division of ~~mineral~~	33339
oil and gas resources management has reason to believe that a	33340
pattern of the same or similar violations of any requirements of	33341
~~sections~~section 1509.22, 1509.222, or 1509.223 of the Revised	33342
Code, or any rule adopted thereunder or term or condition of the	33343
registration certificate issued thereunder exists or has existed,	33344
and the violations are caused by the transporter's indifference,	33345
lack of diligence, or lack of reasonable care, or are willfully	33346
caused by the transporter, the chief shall immediately issue an	33347
order to the transporter to show cause why the certificate should	33348
not be suspended or revoked. After the issuance of the order, the	33349
chief shall provide the transporter an opportunity to be heard and	33350
to present evidence at an informal hearing conducted by the chief.	33351
If, at the conclusion of the hearing, the chief finds that such a	33352
pattern of violations exists or has existed, the chief shall issue	33353
an order suspending or revoking the transporter's registration	33354
certificate. An order suspending or revoking a certificate under	33355
this section may be appealed under sections 1509.36 and 1509.37 of	33356
the Revised Code, or notwithstanding any other provision of this	33357
chapter, may be appealed directly to the court of common pleas of	33358
Franklin county.	33359

(B) Before issuing an order denying a registration	33360
certificate; approving or denying approval of an application for	33361
revision of a registered transporter's plan for disposal; or to	33362
implement, administer, or enforce section 1509.22, 1509.222,	33363
1509.223, 1509.225, or 1509.226 of the Revised Code and rules and	33364
terms and conditions of registration certificates adopted or	33365
issued thereunder pertaining to the transportation of brine by	33366
vehicle and the disposal of brine so transported, the chief shall	33367
issue a preliminary order indicating the chief's intent to issue a	33368
final order. The preliminary order shall clearly state the nature	33369
of the chief's proposed action and the findings on which it is	33370
based and shall state that the preliminary order becomes a final	33371
order thirty days after its issuance unless the person to whom the	33372
preliminary order is directed submits to the chief a written	33373
request for an informal hearing before the chief within that	33374
thirty-day period. At the hearing the person may present evidence	33375
as to why the preliminary order should be revoked or modified.	33376
Based upon the findings from the informal hearing, the chief shall	33377
revoke, issue, or modify and issue the preliminary order as a	33378
final order. A final order may be appealed under sections 1509.36	33379
and 1509.37 of the Revised Code.	33380

Sec. 1509.225. (A) Before being issued a registration	33381
certificate under section 1509.222 of the Revised Code, an	33382
applicant shall execute and file with the division of ~~mineral~~oil	33383
and gas resources management a surety bond for fifteen thousand	33384
dollars to provide compensation for damage and injury resulting	33385
from transporters' violations of sections 1509.22, 1509.222, and	33386
1509.223 of the Revised Code, all rules and orders of the chief of	33387
the division of ~~mineral resource~~oil and gas resources management	33388
relating thereto, and all terms and conditions of the registration	33389
certificate imposed thereunder. The applicant may deposit with the	33390
chief, in lieu of a surety bond, cash in an amount equal to the	33391
surety bond as prescribed in this section, or negotiable	33392
certificates of deposit issued by any bank organized or	33393
transacting business in this state, or certificates of deposit	33394
issued by any building and loan association as defined in section	33395
1151.01 of the Revised Code, having a cash value equal to or	33396
greater than the amount of the surety bond as prescribed in this	33397
section. Cash or certificates of deposit shall be deposited upon	33398
the same terms as those upon which surety bonds may be deposited.	33399
If certificates of deposit are deposited with the chief in lieu of	33400
a surety bond, the chief shall require the bank or building and	33401
loan association that issued any such certificate to pledge	33402
securities of a cash value equal to the amount of the certificate	33403
that is in excess of the amount insured by any of the agencies and	33404
instrumentalities created under the "Federal Deposit Insurance	33405
Act," 64 Stat. 873 (1950), 12 U.S.C. 1811, as amended, and	33406
regulations adopted under it, including at least the federal	33407
deposit insurance corporation, bank insurance fund, and savings	33408
association insurance fund.	33409

Such securities shall be security for the repayment of the	33410
certificate of deposit. Immediately upon a deposit of cash or	33411
certificates with the chief, the chief shall deliver it to the	33412
treasurer of state who shall hold it in trust for the purposes for	33413
which it has been deposited.	33414

(B) The surety bond provided for in this section shall be	33415
executed by a surety company authorized to do business in this	33416
state. The chief shall not approve any bond until it is personally	33417
signed and acknowledged by both principal and surety, or as to	33418
either by an attorney in fact, with a certified copy of the power	33419
of attorney attached thereto. The chief shall not approve the bond	33420
unless there is attached a certificate of the superintendent of	33421
insurance that the company is authorized to transact a fidelity	33422
and surety business in this state. All bonds shall be given in a	33423
form to be prescribed by the chief.	33424

(C) If a registered transporter is found liable for a	33425
violation of section 1509.22, 1509.222, or 1509.223 of the Revised	33426
Code or a rule, order, or term or condition of a certificate	33427
involving, in any case, damage or injury to persons or property,	33428
or both, the court may order the forfeiture of any portion of the	33429
bond, cash, or other securities required by this section in full	33430
or partial payment of damages to the person to whom the damages	33431
are due. The treasurer of state and the chief shall deliver the	33432
bond or any cash or other securities deposited in lieu of bond, as	33433
specified in the court's order, to the person to whom the damages	33434
are due; however, execution against the bond, cash, or other	33435
securities, if necessary, is the responsibility of the person to	33436
whom the damages are due. The chief shall not release the bond,	33437
cash, or securities required by this section except by court order	33438
or until the registration is terminated.	33439

Sec. 1509.226. (A) If a board of county commissioners, a	33440
board of township trustees, or the legislative authority of a	33441
municipal corporation wishes to permit the surface application of	33442
brine to roads, streets, highways, and other similar land surfaces	33443
it owns or has the right to control for control of dust or ice, it	33444
may adopt a resolution permitting such application as provided in	33445
this section. If a board or legislative authority does not adopt	33446
such a resolution, then no such surface application of brine is	33447
permitted on such roads, streets, highways, and other similar	33448
surfaces. If a board or legislative authority votes on a proposed	33449
resolution to permit such surface application of brine, but the	33450
resolution fails to receive the affirmative vote of a majority of	33451
the board or legislative authority, the board or legislative	33452
authority shall not adopt such a resolution for one year following	33453
the date on which the vote was taken. A board or legislative	33454
authority shall hold at least one public hearing on any proposal	33455
to permit surface application of brine under this division and may	33456
hold additional hearings. The board or legislative authority shall	33457
publish notice of the time and place of each such public hearing	33458
in a newspaper of general circulation in the political subdivision	33459
at least five days before the day on which the hearing is to be	33460
held.	33461

(B) If a board or legislative authority adopts a resolution	33462
permitting the surface application of brine to roads, streets,	33463
highways, and other similar land surfaces under division (A) of	33464
this section, the board or legislative authority shall, within	33465
thirty days after the adoption of the resolution, prepare and	33466
submit to the chief of the division of ~~mineral~~oil and gas	33467
resources management a copy of the resolution. Any department,	33468
agency, or instrumentality of this state or the United States that	33469
wishes to permit the surface application of brine to roads,	33470
streets, highways, and other similar land surfaces it owns or has	33471
a right to control shall prepare and submit guidelines for such	33472
application, but need not adopt a resolution under division (A) of	33473
this section permitting such surface application.	33474

All resolutions and guidelines shall be subject to the	33475
following standards:	33476

(1) Brine shall not be applied:

33477

(a) To a water-saturated surface;

33478

(b) Directly to vegetation near or adjacent to surfaces being	33479
treated;	33480

(c) Within twelve feet of structures crossing bodies of water	33481
or crossing drainage ditches;	33482

(d) Between sundown and sunrise, except for ice control.

33483

(2) The discharge of brine through the spreader bar shall	33484
stop when the application stops.	33485

(3) The applicator vehicle shall be moving at least five	33486
miles per hour at all times while the brine is being applied.	33487

(4) The maximum spreader bar nozzle opening shall be	33488
three-quarters of an inch in diameter.	33489

(5) The maximum uniform application rate of brine shall be	33490
three thousand gallons per mile on a twelve-foot-wide road or	33491
three gallons per sixty square feet on unpaved lots.	33492

(6) The applicator vehicle discharge valve shall be closed	33493
between the brine collection point and the specific surfaces that	33494
have been approved for brine application.	33495

(7) Any valves that provide for tank draining other than	33496
through the spreader bar shall be closed during the brine	33497
application and transport.	33498

(8) The angle of discharge from the applicator vehicle	33499
spreader bar shall not be greater than sixty degrees from the	33500
perpendicular to the unpaved surface.	33501

(9) Only the last twenty-five per cent of an applicator	33502
vehicle's contents shall be allowed to have a pressure greater	33503
than atmospheric pressure; therefore, the first seventy-five per	33504
cent of the applicator vehicle's contents shall be discharged	33505
under atmospheric pressure.	33506

(10) Only brine that is produced from a well shall be allowed	33507
to be spread on a road. Fluids from the drilling of a well,	33508
flowback from the stimulation of a well, and other fluids used to	33509
treat a well shall not be spread on a road.	33510

If a resolution or guidelines contain only the standards	33511
listed in ~~division~~divisions (B)(1) to (10) of this section,	33512
without addition or qualification, the resolution or guidelines	33513
shall be deemed effective when submitted to the chief without	33514
further action by the chief. All other resolutions and guidelines	33515
shall comply with and be no less stringent than this chapter,	33516
rules concerning surface application that the chief shall adopt	33517
under division (C) of section 1509.22 of the Revised Code, and	33518
other rules of the chief. Within fifteen days after receiving such	33519
other resolutions and guidelines, the chief shall review them for	33520
compliance with the law and rules and disapprove them if they do	33521
not comply.	33522

The board, legislative authority, or department, agency, or	33523
instrumentality may revise and resubmit any resolutions or	33524
guidelines that the chief disapproves after each disapproval, and	33525
the chief shall again review and approve or disapprove them within	33526
fifteen days after receiving them. The board, legislative	33527
authority, or department, agency, or instrumentality may amend any	33528
resolutions or guidelines previously approved by the chief and	33529
submit them, as amended, to the chief. The chief shall receive,	33530
review, and approve or disapprove the amended resolutions or	33531
guidelines on the same basis and in the same time as original	33532
resolutions or guidelines. The board, legislative authority, or	33533
department, agency, or instrumentality shall not implement amended	33534
resolutions or guidelines until they are approved by the chief	33535
under this division.	33536

(C) Any person, other than a political subdivision required	33537
to adopt a resolution under division (A) of this section or a	33538
department, agency, or instrumentality of this state or the United	33539
States, who owns or has a legal right or obligation to maintain a	33540
road, street, highway, or other similar land surface may file with	33541
the board of county commissioners a written plan for the	33542
application of brine to the road, street, highway, or other	33543
surface. The board need not approve any such plans, but if it	33544
approves a plan, the plan shall comply with this chapter, rules	33545
adopted thereunder, and the board's resolutions, if any.	33546
Disapproved plans may be revised and resubmitted for the board's	33547
approval. Approved plans may also be revised and submitted to the	33548
board. A plan or revised plan shall do all of the following:	33549

(1) Identify the sources of brine to be used under the plan;

33550

(2) Identify by name, address, and registration certificate,	33551
if applicable, any transporters of the brine;	33552

(3) Specifically identify the places to which the brine will	33553
be applied;	33554

(4) Specifically describe the method, rate, and frequency of	33555
application.	33556

(D) The board may attach terms and conditions to approval of	33557
a plan, or revised plan, and may revoke approval for any violation	33558
of this chapter, rules adopted thereunder, resolutions adopted by	33559
the board, or terms or conditions attached by the board. The board	33560
shall conduct at least one public hearing before approving a plan	33561
or revised plan, publishing notice of the time and place of each	33562
such public hearing in a newspaper of general circulation in the	33563
county at least five days before the day on which the hearing is	33564
to be held. The board shall record the filings of all plans and	33565
revised plans in its journal. The board shall approve, disapprove,	33566
or revoke approval of a plan or revised plan by the adoption of a	33567
resolution. Upon approval of a plan or revised plan, the board	33568
shall send a copy of the plan to the chief. Upon revoking approval	33569
of a plan or revised plan, the board shall notify the chief of the	33570
revocation.	33571

(E) No person shall:

33572

(1) Apply brine to a water-saturated surface;

33573

(2) Apply brine directly to vegetation adjacent to the	33574
surface of roads, streets, highways, and other surfaces to which	33575
brine may be applied.	33576

(F) Each political subdivision that adopts a resolution under	33577
divisions (A) and (B) of this section, each department, agency, or	33578
instrumentality of this state or the United States that submits	33579
guidelines under division (B) of this section, and each person who	33580
files a plan under divisions (C) and (D) of this section shall, on	33581
or before the fifteenth day of April of each year, file a report	33582
with the chief concerning brine applied within the person's or	33583
governmental entity's jurisdiction, including the quantities	33584
transported and the sources and application points during the last	33585
preceding calendar year and such other information in such form as	33586
the chief requires.	33587

(G) Any political subdivision or department, agency, or	33588
instrumentality of this state or the United States that applies	33589
brine under this section may do so with its own personnel,	33590
vehicles, and equipment without registration under or compliance	33591
with section 1509.222 or 1509.223 of the Revised Code and without	33592
the necessity for filing the surety bond or other security	33593
required by section 1509.225 of the Revised Code. However, each	33594
such entity shall legibly identify vehicles used to apply brine	33595
with reflective paint in letters no less than four inches in	33596
height, indicating the word "brine" and that the vehicle is a	33597
vehicle of the political subdivision, department, agency, or	33598
instrumentality. Except as stated in this division, such entities	33599
shall transport brine in accordance with sections 1509.22 to	33600
1509.226 of the Revised Code.	33601

(H) A surface application plan filed for approval under	33602
division (C) of this section shall be accompanied by a	33603
nonrefundable fee of fifty dollars, which shall be credited to the	33604
general fund of the county. An approved plan is valid for one year	33605
from the date of its approval unless it is revoked before that	33606
time. An approved revised plan is valid for the remainder of the	33607
term of the plan it supersedes unless it is revoked before that	33608
time. Any person who has filed such a plan or revised plan and had	33609
it approved may renew it by refiling it in accordance with	33610
divisions (C) and (D) of this section within thirty days before	33611
any anniversary of the date on which the original plan was	33612
approved. The board shall notify the chief of renewals and	33613
nonrenewals of plans. Even if a renewed plan is approved under	33614
those divisions, the plan is not effective until notice is	33615
received by the chief, and until notice is received, the chief	33616
shall enforce this chapter and rules adopted thereunder with	33617
regard to the affected roads, streets, highways, and other similar	33618
land surfaces as if the plan had not been renewed.	33619

(I) A resolution adopted under division (A) of this section	33620
by a board or legislative authority shall be effective for one	33621
year following the date of its adoption and from month to month	33622
thereafter until the board or legislative authority, by	33623
resolution, terminates the authority granted in the original	33624
resolution. The termination shall be effective not less than seven	33625
days after enactment of the resolution, and a copy of the	33626
resolution shall be sent to the chief.	33627

Sec. 1509.23. (A) Rules of the chief of the division of	33628
~~mineral~~oil and gas resources management may specify practices to	33629
be followed in the drilling and treatment of wells, production of	33630
oil and gas, and plugging of wells for protection of public health	33631
or safety or to prevent damage to natural resources, including	33632
specification of the following:	33633

(1) Appropriate devices;

33634

(2) Minimum distances that wells and other excavations,	33635
structures, and equipment shall be located from water wells,	33636
streets, roads, highways, rivers, lakes, streams, ponds, other	33637
bodies of water, railroad tracks, public or private recreational	33638
areas, zoning districts, and buildings or other structures. Rules	33639
adopted under division (A)(2) of this section shall not conflict	33640
with section 1509.021 of the Revised Code.	33641

(3) Other methods of operation;

33642

(4) Procedures, methods, and equipment and other requirements	33643
for equipment to prevent and contain discharges of oil and brine	33644
from oil production facilities and oil drilling and workover	33645
facilities consistent with and equivalent in scope, content, and	33646
coverage to section 311(j)(1)(c) of the "Federal Water Pollution	33647
Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251,	33648
as amended, and regulations adopted under it. In addition, the	33649
rules may specify procedures, methods, and equipment and other	33650
requirements for equipment to prevent and contain surface and	33651
subsurface discharges of fluids, condensates, and gases.	33652

(5) Notifications.

33653

(B) The chief, in consultation with the emergency response	33654
commission created in section 3750.02 of the Revised Code, shall	33655
adopt rules in accordance with Chapter 119. of the Revised Code	33656
that specify the information that shall be included in an	33657
electronic database that the chief shall create and host. The	33658
information shall be that which the chief considers to be	33659
appropriate for the purpose of responding to emergency situations	33660
that pose a threat to public health or safety or the environment.	33661
At the minimum, the information shall include that which a person	33662
who is regulated under this chapter is required to submit under	33663
the "Emergency Planning and Community Right-To-Know Act of 1986,"	33664
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under	33665
it.	33666

In addition, the rules shall specify whether and to what	33667
extent the database and the information that it contains will be	33668
made accessible to the public. The rules shall ensure that the	33669
database will be made available via the internet or a system of	33670
computer disks to the emergency response commission and to every	33671
local emergency planning committee and fire department in this	33672
state.	33673

Sec. 1509.24. (A) The chief of the division of ~~mineral~~oil	33674
and gas resources management, with the approval of the technical	33675
advisory council on oil and gas created in section 1509.38 of the	33676
Revised Code, may adopt, amend, or rescind rules relative to	33677
minimum acreage requirements for drilling units and minimum	33678
distances from which a new well may be drilled or an existing well	33679
deepened, plugged back, or reopened to a source of supply	33680
different from the existing pool from boundaries of tracts,	33681
drilling units, and other wells for the purpose of conserving oil	33682
and gas reserves. The rules relative to minimum acreage	33683
requirements for drilling units shall require a drilling unit to	33684
be compact and composed of contiguous land.	33685

(B) Rules adopted under this section and special orders made	33686
under section 1509.25 of the Revised Code shall apply only to new	33687
wells to be drilled or existing wells to be deepened, plugged	33688
back, or reopened to a source of supply different from the	33689
existing pool for the purpose of extracting oil or gas in their	33690
natural state.	33691

Sec. 1509.25. The chief of the division of ~~mineral~~oil and	33692
gas resources management, upon the chief's own motion or upon	33693
application of an owner, may hold a hearing to consider the need	33694
or desirability of adopting a special order for drilling unit	33695
requirements in a particular pool different from those established	33696
under section 1509.24 of the Revised Code. The chief shall notify	33697
every owner of land within the area proposed to be included within	33698
the order, of the date, time, and place of the hearing and the	33699
nature of the order being considered at least thirty days prior to	33700
the date of the hearing. Each application for such an order shall	33701
be accompanied by such information as the chief may request. If	33702
the chief finds that the pool can be defined with reasonable	33703
certainty, that the pool is in the initial state of development,	33704
and that the establishment of such different requirements for	33705
drilling a well on a tract or drilling unit in ~~such~~the pool is	33706
reasonably necessary to protect correlative rights or to provide	33707
effective development, use, or conservation of oil and gas, the	33708
chief, with the written approval of the technical advisory council	33709
on oil and gas created in section 1509.38 of the Revised Code,	33710
shall make a special order designating the area covered by the	33711
order, and specifying the acreage requirements for drilling a well	33712
on a tract or drilling unit in ~~such~~the area, which acreage	33713
requirements shall be uniform for the entire pool. The order shall	33714
specify minimum distances from the boundary of the tract or	33715
drilling unit for the drilling of wells and minimum distances from	33716
other wells and allow exceptions for wells drilled or drilling in	33717
a particular pool at the time of the filing of the application.	33718
The chief may exempt the discovery well from minimum acreage and	33719
distance requirements in the order. After the date of the notice	33720
for a hearing called to make ~~such~~the order, no additional well	33721
shall be commenced in the pool for a period of sixty days or until	33722
an order has been made pursuant to the application, whichever is	33723
earlier. The chief, upon the chief's own motion or upon	33724
application of an owner, after a hearing and with the approval of	33725
the technical advisory council on oil and gas, may include	33726
additional lands determined to be underlaid by a particular pool	33727
or to exclude lands determined not to be underlaid by a particular	33728
pool, and may modify the spacing and acreage requirements of the	33729
order.	33730

Nothing in this section permits the chief to establish	33731
drilling units in a pool by requiring the use of a survey grid	33732
coordinate system with fixed or established unit boundaries.	33733

Sec. 1509.26. The owners of adjoining tracts may agree to	33734
pool ~~such~~the tracts to form a drilling unit that conforms to the	33735
minimum acreage and distance requirements of the division of	33736
~~mineral~~oil and gas resources management under section 1509.24 or	33737
1509.25 of the Revised Code. ~~Such~~The agreement shall be in	33738
writing, a copy of which shall be submitted to the division with	33739
the application for a permit required by section 1509.05 of the	33740
Revised Code. Parties to the agreement shall designate one of	33741
their number as the applicant for ~~such~~the permit.	33742

Sec. 1509.27. If a tract of land is of insufficient size or	33743
shape to meet the requirements for drilling a well thereon as	33744
provided in section 1509.24 or 1509.25 of the Revised Code,	33745
whichever is applicable, and the owner of the tract who also is	33746
the owner of the mineral interest has been unable to form a	33747
drilling unit under agreement as provided in section 1509.26 of	33748
the Revised Code, on a just and equitable basis, such an owner may	33749
make application to the division of ~~mineral~~oil and gas resources	33750
management for a mandatory pooling order.	33751

The application shall include information as shall be	33752
reasonably required by the chief of the division of ~~mineral~~oil	33753
and gas resources management and shall be accompanied by an	33754
application for a permit as required by section 1509.05 of the	33755
Revised Code. The chief shall notify all owners of land within the	33756
area proposed to be included within the drilling unit of the	33757
filing of the application and of their right to a hearing. After	33758
the hearing or after the expiration of thirty days from the date	33759
notice of application was mailed to such owners, the chief, if	33760
satisfied that the application is proper in form and that	33761
mandatory pooling is necessary to protect correlative rights and	33762
to provide effective development, use, and conservation of oil and	33763
gas, shall issue a drilling permit and a mandatory pooling order	33764
complying with the requirements for drilling a well as provided in	33765
section 1509.24 or 1509.25 of the Revised Code, whichever is	33766
applicable. The mandatory pooling order shall:	33767

(A) Designate the boundaries of the drilling unit within	33768
which the well shall be drilled;	33769

(B) Designate the proposed production site;

33770

(C) Describe each separately owned tract or part thereof	33771
pooled by the order;	33772

(D) Allocate on a surface acreage basis a pro rata portion of	33773
the production to the owner of each tract pooled by the order. The	33774
pro rata portion shall be in the same proportion that the	33775
percentage of the owner's acreage is to the state minimum acreage	33776
requirements established in rules adopted under this chapter for a	33777
drilling unit unless the applicant demonstrates to the chief using	33778
geological evidence that the geologic structure containing the oil	33779
or gas is larger than the minimum acreage requirement in which	33780
case the pro rata portion shall be in the same proportion that the	33781
percentage of the owner's acreage is to the geologic structure.	33782

(E) Specify the basis upon which each owner of a tract pooled	33783
by the order shall share all reasonable costs and expenses of	33784
drilling and producing if the owner elects to participate in the	33785
drilling and operation of the well;	33786

(F) Designate the person to whom the permit shall be issued.

33787

A person shall not submit more than five applications for	33788
mandatory pooling orders per year under this section unless	33789
otherwise approved by the chief.	33790

No surface operations or disturbances to the surface of the	33791
land shall occur on a tract pooled by an order without the written	33792
consent of or a written agreement with the owner of the tract that	33793
approves the operations or disturbances.	33794

If an owner of a tract pooled by the order does not elect to	33795
participate in the risk and cost of the drilling and operation of	33796
a well, the owner shall be designated as a nonparticipating owner	33797
in the drilling and operation of the well on a limited or carried	33798
basis and is subject to terms and conditions determined by the	33799
chief to be just and reasonable. In addition, if an owner is	33800
designated as a nonparticipating owner, the owner is not liable	33801
for actions or conditions associated with the drilling or	33802
operation of the well. If the applicant bears the costs of	33803
drilling, equipping, and operating a well for the benefit of a	33804
nonparticipating owner, as provided for in the pooling order, then	33805
the applicant shall be entitled to the share of production from	33806
the drilling unit accruing to the interest of that	33807
nonparticipating owner, exclusive of the nonparticipating owner's	33808
proportionate share of the royalty interest until there has been	33809
received the share of costs charged to that nonparticipating owner	33810
plus such additional percentage of the share of costs as the chief	33811
shall determine. The total amount receivable hereunder shall in no	33812
event exceed two hundred per cent of the share of costs charged to	33813
that nonparticipating owner. After receipt of that share of costs	33814
by such an applicant, a nonparticipating owner shall receive a	33815
proportionate share of the working interest in the well in	33816
addition to a proportionate share of the royalty interest, if any.	33817

If there is a dispute as to costs of drilling, equipping, or	33818
operating a well, the chief shall determine those costs.	33819

Sec. 1509.28. (A) The chief of the division of ~~mineral~~oil	33820
and gas resources management, upon the chief's own motion or upon	33821
application by the owners of sixty-five per cent of the land area	33822
overlying the pool, shall hold a hearing to consider the need for	33823
the operation as a unit of an entire pool or part thereof. An	33824
application by owners shall be accompanied by such information as	33825
the chief may request.	33826

The chief shall make an order providing for the unit	33827
operation of a pool or part thereof if the chief finds that such	33828
operation is reasonably necessary to increase substantially the	33829
ultimate recovery of oil and gas, and the value of the estimated	33830
additional recovery of oil or gas exceeds the estimated additional	33831
cost incident to conducting ~~such~~the operation. The order shall be	33832
upon terms and conditions that are just and reasonable and shall	33833
prescribe a plan for unit operations that shall include:	33834

(1) A description of the unitized area, termed the unit area;

33835

(2) A statement of the nature of the operations contemplated;

33836

(3) An allocation to the separately owned tracts in the unit	33837
area of all the oil and gas that is produced from the unit area	33838
and is saved, being the production that is not used in the conduct	33839
of operations on the unit area or not unavoidably lost. The	33840
allocation shall be in accord with the agreement, if any, of the	33841
interested parties. If there is no such agreement, the chief shall	33842
determine the value, from the evidence introduced at the hearing,	33843
of each separately owned tract in the unit area, exclusive of	33844
physical equipment, for development of oil and gas by unit	33845
operations, and the production allocated to each tract shall be	33846
the proportion that the value of each tract so determined bears to	33847
the value of all tracts in the unit area.	33848

(4) A provision for the credits and charges to be made in the	33849
adjustment among the owners in the unit area for their respective	33850
investments in wells, tanks, pumps, machinery, materials, and	33851
equipment contributed to the unit operations;	33852

(5) A provision providing how the expenses of unit	33853
operations, including capital investment, shall be determined and	33854
charged to the separately owned tracts and how the expenses shall	33855
be paid;	33856

(6) A provision, if necessary, for carrying or otherwise	33857
financing any person who is unable to meet the person's financial	33858
obligations in connection with the unit, allowing a reasonable	33859
interest charge for such service;	33860

(7) A provision for the supervision and conduct of the unit	33861
operations, in respect to which each person shall have a vote with	33862
a value corresponding to the percentage of the expenses of unit	33863
operations chargeable against the interest of ~~such~~that person;	33864

(8) The time when the unit operations shall commence, and the	33865
manner in which, and the circumstances under which, the unit	33866
operations shall terminate;	33867

(9) Such additional provisions as are found to be appropriate	33868
for carrying on the unit operations, and for the protection or	33869
adjustment of correlative rights.	33870

(B) No order of the chief providing for unit operations shall	33871
become effective unless and until the plan for unit operations	33872
prescribed by the chief has been approved in writing by those	33873
owners who, under the chief's order, will be required to pay at	33874
least sixty-five per cent of the costs of the unit operation, and	33875
also by the royalty or, with respect to unleased acreage, fee	33876
owners of sixty-five per cent of the acreage to be included in the	33877
unit. If the plan for unit operations has not been so approved by	33878
owners and royalty owners at the time the order providing for unit	33879
operations is made, the chief shall upon application and notice	33880
hold such supplemental hearings as may be required to determine if	33881
and when the plan for unit operations has been so approved. If the	33882
owners and royalty owners, or either, owning the required	33883
percentage of interest in the unit area do not approve the plan	33884
for unit operations within a period of six months from the date on	33885
which the order providing for unit operations is made, ~~such~~the	33886
order shall cease to be of force and shall be revoked by the	33887
chief.	33888

An order providing for unit operations may be amended by an	33889
order made by the chief, in the same manner and subject to the	33890
same conditions as an original order providing for unit	33891
operations, provided that:	33892

(1) If such an amendment affects only the rights and	33893
interests of the owners, the approval of the amendment by the	33894
royalty owners shall not be required.	33895

(2) No such order of amendment shall change the percentage	33896
for allocation of oil and gas as established for any separately	33897
owned tract by the original order, except with the consent of all	33898
persons owning interest in ~~such~~the tract.	33899

The chief, by an order, may provide for the unit operation of	33900
a pool or a part thereof that embraces a unit area established by	33901
a previous order of the chief. Such an order, in providing for the	33902
allocation of unit production, shall first treat the unit area	33903
previously established as a single tract, and the portion of the	33904
unit production so allocated thereto shall then be allocated among	33905
the separately owned tracts included in ~~such~~the previously	33906
established unit area in the same proportions as those specified	33907
in the previous order.	33908

Oil and gas allocated to a separately owned tract shall be	33909
deemed, for all purposes, to have been actually produced from ~~such~~	33910
the tract, and all operations, including, but not limited to, the	33911
commencement, drilling, operation of, or production from a well	33912
upon any portion of the unit area shall be deemed for all purposes	33913
the conduct of such operations and production from any lease or	33914
contract for lands any portion of which is included in the unit	33915
area. The operations conducted pursuant to the order of the chief	33916
shall constitute a fulfillment of all the express or implied	33917
obligations of each lease or contract covering lands in the unit	33918
area to the extent that compliance with such obligations cannot be	33919
had because of the order of the chief.	33920

Oil and gas allocated to any tract, and the proceeds from the	33921
sale thereof, shall be the property and income of the several	33922
persons to whom, or to whose credit, the same are allocated or	33923
payable under the order providing for unit operations.	33924

No order of the chief or other contract relating to the sale	33925
or purchase of production from a separately owned tract shall be	33926
terminated by the order providing for unit operations, but shall	33927
remain in force and apply to oil and gas allocated to ~~such~~the	33928
tract until terminated in accordance with the provisions thereof.	33929

Except to the extent that the parties affected so agree, no	33930
order providing for unit operations shall be construed to result	33931
in a transfer of all or any part of the title of any person to the	33932
oil and gas rights in any tract in the unit area. All property,	33933
whether real or personal, that may be acquired for the account of	33934
the owners within the unit area shall be the property of such	33935
owners in the proportion that the expenses of unit operations are	33936
charged.	33937

Sec. 1509.29. Upon application by an owner of a tract for	33938
which a drilling permit may not be issued, and a showing by the	33939
owner that the owner is unable to enter a voluntary pooling	33940
agreement and that the owner would be unable to participate under	33941
a mandatory pooling order, the chief of the division of ~~mineral~~	33942
oil and gas resources management shall issue a permit and order	33943
establishing the tract as an exception tract if the chief finds	33944
that ~~such~~the owner would otherwise be precluded from producing	33945
oil or gas from the owner's tract because of minimum acreage or	33946
distance requirements. The order shall set a percentage of the	33947
maximum daily potential production at which the well may be	33948
produced. The percentage shall be the same as the percentage that	33949
the number of acres in the tract bears to the number of acres in	33950
the minimum acreage requirement that has been established under	33951
section 1509.24 or 1509.25 of the Revised Code, whichever is	33952
applicable, but if the well drilled on ~~such~~the tract is located	33953
nearer to the boundary of the tract than the required minimum	33954
distance, the percentage may not exceed the percentage determined	33955
by dividing the distance from the well to the boundary by the	33956
minimum distance requirement. Within ten days after completion of	33957
the well, the maximum daily potential production of the well shall	33958
be determined by such drill stem, open flow, or other tests as may	33959
be required by the chief. The chief shall require such tests, at	33960
least once every three months, as are necessary to determine the	33961
maximum daily potential production at that time.	33962

Sec. 1509.31. (A) Whenever the entire interest of an oil and	33963
gas lease is assigned or otherwise transferred, the assignor or	33964
transferor shall notify the holders of the royalty interests, and,	33965
if a well or wells exist on the lease, the division of ~~mineral~~oil	33966
and gas resources management, of the name and address of the	33967
assignee or transferee by certified mail, return receipt	33968
requested, not later than thirty days after the date of the	33969
assignment or transfer. When notice of any such assignment or	33970
transfer is required to be provided to the division, it shall be	33971
provided on a form prescribed and provided by the division and	33972
verified by both the assignor or transferor and by the assignee or	33973
transferee and shall be accompanied by a nonrefundable fee of one	33974
hundred dollars for each well. The notice form applicable to	33975
assignments or transfers of a well to the owner of the surface	33976
estate of the tract on which the well is located shall contain a	33977
statement informing the landowner that the well may require	33978
periodic servicing to maintain its productivity; that, upon	33979
assignment or transfer of the well to the landowner, the landowner	33980
becomes responsible for compliance with the requirements of this	33981
chapter and rules adopted under it, including, without limitation,	33982
the proper disposal of brine obtained from the well, the plugging	33983
of the well when it becomes incapable of producing oil or gas, and	33984
the restoration of the well site; and that, upon assignment or	33985
transfer of the well to the landowner, the landowner becomes	33986
responsible for the costs of compliance with the requirements of	33987
this chapter and rules adopted under it and the costs for	33988
operating and servicing the well.	33989

(B) When the entire interest of a well is proposed to be	33990
assigned or otherwise transferred to the landowner for use as an	33991
exempt domestic well, the owner who has been issued a permit under	33992
this chapter for the well shall submit to the chief of the	33993
division of oil and gas resources management an application for	33994
the assignment or transfer that contains all documents that the	33995
chief requires and a nonrefundable fee of one hundred dollars. The	33996
application for such an assignment or transfer shall be prescribed	33997
and provided by the chief. The chief may approve the application	33998
if the application is accompanied by a release of all of the oil	33999
and gas leases that are included in the applicable formation of	34000
the drilling unit, the release is in a form such that the well	34001
ownership merges with the fee simple interest of the surface	34002
tract, and the release is in a form that may be recorded. However,	34003
if the owner of the well does not release the oil and gas leases	34004
associated with the well that is proposed to be assigned or	34005
otherwise transferred or if the fee simple tract that results from	34006
the merger of the well ownership with the fee simple interest of	34007
the surface tract is less than five acres, the proposed exempt	34008
domestic well owner shall post a five thousand dollar bond with	34009
the division ~~of mineral resources management~~ prior to the	34010
assignment or transfer of the well to ensure that the well will be	34011
properly plugged. The chief, for good cause, may modify the	34012
requirements of this section governing the assignment or transfer	34013
of the interests of a well to the landowner. Upon the assignment	34014
or transfer of the well, the owner of an exempt domestic well is	34015
not subject to the severance tax levied under section 5749.02 of	34016
the Revised Code, but is subject to all applicable fees	34017
established in this chapter.	34018

(C) The owner holding a permit under section 1509.05 of the	34019
Revised Code is responsible for all obligations and liabilities	34020
imposed by this chapter and any rules, orders, and terms and	34021
conditions of a permit adopted or issued under it, and no	34022
assignment or transfer by the owner relieves the owner of the	34023
obligations and liabilities until and unless the assignee or	34024
transferee files with the division the information described in	34025
divisions (A)(1), (2), (3), (4), (5), (10), (11), and (12) of	34026
section 1509.06 of the Revised Code; obtains liability insurance	34027
coverage required by section 1509.07 of the Revised Code, except	34028
when none is required by that section; and executes and files a	34029
surety bond, negotiable certificates of deposit or irrevocable	34030
letters of credit, or cash, as described in that section. Instead	34031
of a bond, but only upon acceptance by the chief ~~of the division~~	34032
~~of mineral resources management~~, the assignee or transferee may	34033
file proof of financial responsibility, described in section	34034
1509.07 of the Revised Code. Section 1509.071 of the Revised Code	34035
applies to the surety bond, cash, and negotiable certificates of	34036
deposit and irrevocable letters of credit described in this	34037
section. Unless the chief approves a modification, each assignee	34038
or transferee shall operate in accordance with the plans and	34039
information filed by the permit holder pursuant to section 1509.06	34040
of the Revised Code.	34041

(D) If a mortgaged property that is being foreclosed is	34042
subject to an oil or gas lease, pipeline agreement, or other	34043
instrument related to the production or sale of oil or natural gas	34044
and the lease, agreement, or other instrument was recorded	34045
subsequent to the mortgage, and if the lease, agreement, or other	34046
instrument is not in default, the oil or gas lease, pipeline	34047
agreement, or other instrument, as applicable, has priority over	34048
all other liens, claims, or encumbrances on the property so that	34049
the oil or gas lease, pipeline agreement, or other instrument is	34050
not terminated or extinguished upon the foreclosure sale of the	34051
mortgaged property. If the owner of the mortgaged property was	34052
entitled to oil and gas royalties before the foreclosure sale, the	34053
oil or gas royalties shall be paid to the purchaser of the	34054
foreclosed property.	34055

Sec. 1509.32. Any person adversely affected may file with	34056
the chief of the division of ~~mineral~~oil and gas resources	34057
management a written complaint alleging failure to restore	34058
disturbed land surfaces in violation of section 1509.072 or	34059
1509.22 of the Revised Code or a rule adopted thereunder.	34060

Upon receipt of a complaint, the chief shall cause an	34061
investigation to be made of the lands where the alleged violation	34062
has occurred and send copies of the investigation report to the	34063
person who filed the complaint and to the owner. Upon finding a	34064
violation the chief shall order the owner to eliminate the	34065
violation within a specified time. If the owner fails to eliminate	34066
the violation within the time specified, the chief may request the	34067
prosecuting attorney of the county in which the violation occurs	34068
or the attorney general to bring appropriate action to secure	34069
compliance with ~~such~~those sections. If the chief fails to bring	34070
an appropriate action to secure compliance with ~~such~~those	34071
sections within twenty days after the time specified, the person	34072
filing the complaint may request the prosecuting attorney of the	34073
county in which the violation occurs to bring an appropriate	34074
action to secure compliance with ~~such~~those sections. The division	34075
of ~~mineral~~oil and gas resources management may cooperate with any	34076
state or local agency to provide technical advice or minimum	34077
standards for the restoration of various soils and land surfaces	34078
or to assist in any investigation.	34079

Sec. 1509.33. (A) Whoever violates sections 1509.01 to	34080
1509.31 of the Revised Code, or any rules adopted or orders or	34081
terms or conditions of a permit or registration certificate issued	34082
pursuant to these sections for which no specific penalty is	34083
provided in this section, shall pay a civil penalty of not more	34084
than four thousand dollars for each offense.	34085

(B) Whoever violates section 1509.221 of the Revised Code or	34086
any rules adopted or orders or terms or conditions of a permit	34087
issued thereunder shall pay a civil penalty of not more than two	34088
thousand five hundred dollars for each violation.	34089

(C) Whoever violates division (D) of section 1509.22 or	34090
division (A)(1) of section 1509.222 of the Revised Code shall pay	34091
a civil penalty of not less than two thousand five hundred dollars	34092
nor more than twenty thousand dollars for each violation.	34093

(D) Whoever violates division (A) of section 1509.22 of the	34094
Revised Code shall pay a civil penalty of not less than two	34095
thousand five hundred dollars nor more than ten thousand dollars	34096
for each violation.	34097

(E) Whoever violates division (A) of section 1509.223 of the	34098
Revised Code shall pay a civil penalty of not more than ten	34099
thousand dollars for each violation.	34100

(F) Whoever violates section 1509.072 of the Revised Code or	34101
any rules adopted or orders issued to administer, implement, or	34102
enforce that section shall pay a civil penalty of not more than	34103
five thousand dollars for each violation.	34104

(G) In addition to any other penalties provided in this	34105
chapter, whoever violates division (B) of section 1509.22 or	34106
division (A)(1) of section 1509.222 or knowingly violates division	34107
(A) of section 1509.223 of the Revised Code is liable for any	34108
damage or injury caused by the violation and for the cost of	34109
rectifying the violation and conditions caused by the violation.	34110
If two or more persons knowingly violate one or more of ~~such~~those	34111
divisions in connection with the same event, activity, or	34112
transaction, they are jointly and severally liable under this	34113
division.	34114

(H) The attorney general, upon the request of the chief of	34115
the division of ~~mineral~~oil and gas resources management, shall	34116
commence an action under this section against any person who	34117
violates sections 1509.01 to 1509.31 of the Revised Code, or any	34118
rules adopted or orders or terms or conditions of a permit or	34119
registration certificate issued pursuant to these sections. Any	34120
action under this section is a civil action, governed by the Rules	34121
of Civil Procedure and other rules of practice and procedure	34122
applicable to civil actions. The remedy provided in this division	34123
is cumulative and concurrent with any other remedy provided in	34124
this chapter, and the existence or exercise of one remedy does not	34125
prevent the exercise of any other, except that no person shall be	34126
subject to both a civil penalty under division (A), (B), (C), or	34127
(D) of this section and a criminal penalty under section 1509.99	34128
of the Revised Code for the same offense.	34129

Sec. 1509.34. (A)(1) If an owner fails to pay the fees	34130
imposed by this chapter, or if the chief of the division of	34131
~~mineral~~oil and gas resources management incurs costs under	34132
division (E) of section 1509.071 of the Revised Code to correct	34133
conditions associated with the owner's well that the chief	34134
reasonably has determined are causing imminent health or safety	34135
risks, the division of ~~mineral~~oil and gas resources management	34136
shall have a priority lien against that owner's interest in the	34137
applicable well in front of all other creditors for the amount of	34138
any such unpaid fees and costs incurred. The chief shall file a	34139
statement in the office of the county recorder of the county in	34140
which the applicable well is located of the amount of the unpaid	34141
fees and costs incurred as described in this division. The	34142
statement shall constitute a lien on the owner's interest in the	34143
well as of the date of the filing. The lien shall remain in force	34144
so long as any portion of the lien remains unpaid or until the	34145
chief issues a certificate of release of the lien. If the chief	34146
issues a certificate of release of the lien, the chief shall file	34147
the certificate of release in the office of the applicable county	34148
recorder.	34149

(2) A lien imposed under division (A)(1) of this section	34150
shall be in addition to any lien imposed by the attorney general	34151
for failure to pay the assessment imposed by section 1509.50 of	34152
the Revised Code or the tax levied under division (A)(5) or (6) of	34153
section 5749.02 of the Revised Code, as applicable.	34154

(3) If the attorney general cannot collect from a severer or	34155
an owner for an outstanding balance of amounts due under section	34156
1509.50 of the Revised Code or of unpaid taxes levied under	34157
division (A)(5) or (6) of section 5749.02 of the Revised Code, as	34158
applicable, the tax commissioner may request the chief to impose a	34159
priority lien against the owner's interest in the applicable well.	34160
Such a lien has priority in front of all other creditors.	34161

(B) The chief promptly shall issue a certificate of release	34162
of a lien under either of the following circumstances:	34163

(1) Upon the repayment in full of the amount of unpaid fees	34164
imposed by this chapter or costs incurred by the chief under	34165
division (E) of section 1509.071 of the Revised Code to correct	34166
conditions associated with the owner's well that the chief	34167
reasonably has determined are causing imminent health or safety	34168
risks;	34169

(2) Any other circumstance that the chief determines to be in	34170
the best interests of the state.	34171

(C) The chief may modify the amount of a lien under this	34172
section. If the chief modifies a lien, the chief shall file a	34173
statement in the office of the county recorder of the applicable	34174
county of the new amount of the lien.	34175

(D) An owner regarding which the division has recorded a lien	34176
against the owner's interest in a well in accordance with this	34177
section shall not transfer a well, lease, or mineral rights to	34178
another owner or person until the chief issues a certificate of	34179
release for each lien against the owner's interest in the well.	34180

(E) All money from the collection of liens under this section	34181
shall be deposited in the state treasury to the credit of the oil	34182
and gas well fund created in section 1509.02 of the Revised Code.	34183

Sec. 1509.36. Any person adversely affected by an order by	34184
the chief of the division of ~~mineral~~oil and gas resources	34185
management may appeal to the oil and gas commission for an order	34186
vacating or modifying the order.	34187

The person so appealing to the commission shall be known as	34188
appellant and the chief shall be known as appellee. Appellant and	34189
appellee shall be deemed to be parties to the appeal.	34190

The appeal shall be in writing and shall set forth the order	34191
complained of and the grounds upon which the appeal is based. The	34192
appeal shall be filed with the commission within thirty days after	34193
the date upon which the appellant received notice by certified	34194
mail and, for all other persons adversely affected by the order,	34195
within thirty days after the date of the order complained of.	34196
Notice of the filing of the appeal shall be filed with the chief	34197
within three days after the appeal is filed with the commission.	34198

Upon the filing of the appeal the commission promptly shall	34199
fix the time and place at which the hearing on the appeal will be	34200
held, and shall give the appellant and the chief at least ten	34201
days' written notice thereof by mail. The commission may postpone	34202
or continue any hearing upon its own motion or upon application of	34203
the appellant or of the chief.	34204

The filing of an appeal provided for in this section does not	34205
automatically suspend or stay execution of the order appealed	34206
from, but upon application by the appellant the commission may	34207
suspend or stay the execution pending determination of the appeal	34208
upon such terms as the commission considers proper.	34209

Either party to the appeal or any interested person who,	34210
pursuant to commission rules has been granted permission to	34211
appear, may submit such evidence as the commission considers	34212
admissible.	34213

For the purpose of conducting a hearing on an appeal, the	34214
commission may require the attendance of witnesses and the	34215
production of books, records, and papers, and it may, and at the	34216
request of any party it shall, issue subpoenas for witnesses or	34217
subpoenas duces tecum to compel the production of any books,	34218
records, or papers, directed to the sheriffs of the counties where	34219
the witnesses are found. The subpoenas shall be served and	34220
returned in the same manner as subpoenas in criminal cases are	34221
served and returned. The fees of sheriffs shall be the same as	34222
those allowed by the court of common pleas in criminal cases.	34223
Witnesses shall be paid the fees and mileage provided for under	34224
section 119.094 of the Revised Code. Such fees and mileage	34225
expenses incurred at the request of appellant shall be paid in	34226
advance by the appellant, and the remainder of those expenses	34227
shall be paid out of funds appropriated for the expenses of the	34228
division of ~~mineral~~oil and gas resources management.	34229

In case of disobedience or neglect of any subpoena served on	34230
any person, or the refusal of any witness to testify to any matter	34231
regarding which the witness may be lawfully interrogated, the	34232
court of common pleas of the county in which the disobedience,	34233
neglect, or refusal occurs, or any judge thereof, on application	34234
of the commission or any member thereof, shall compel obedience by	34235
attachment proceedings for contempt as in the case of disobedience	34236
of the requirements of a subpoena issued from that court or a	34237
refusal to testify therein. Witnesses at such hearings shall	34238
testify under oath, and any member of the commission may	34239
administer oaths or affirmations to persons who so testify.	34240

At the request of any party to the appeal, a stenographic	34241
record of the testimony and other evidence submitted shall be	34242
taken by an official court shorthand reporter at the expense of	34243
the party making the request therefor. The record shall include	34244
all of the testimony and other evidence and the rulings on the	34245
admissibility thereof presented at the hearing. The commission	34246
shall pass upon the admissibility of evidence, but any party may	34247
at the time object to the admission of any evidence and except to	34248
the rulings of the commission thereon, and if the commission	34249
refuses to admit evidence the party offering same may make a	34250
proffer thereof, and such proffer shall be made a part of the	34251
record of the hearing.	34252

If upon completion of the hearing the commission finds that	34253
the order appealed from was lawful and reasonable, it shall make a	34254
written order affirming the order appealed from; if the commission	34255
finds that the order was unreasonable or unlawful, it shall make a	34256
written order vacating the order appealed from and making the	34257
order that it finds the chief should have made. Every order made	34258
by the commission shall contain a written finding by the	34259
commission of the facts upon which the order is based.	34260

Notice of the making of the order shall be given forthwith to	34261
each party to the appeal by mailing a certified copy thereof to	34262
each such party by certified mail.	34263

The order of the commission is final unless vacated by the	34264
court of common pleas of Franklin county in an appeal as provided	34265
for in section 1509.37 of the Revised Code. Sections 1509.01 to	34266
1509.37 of the Revised Code, providing for appeals relating to	34267
orders by the chief or by the commission, or relating to rules	34268
adopted by the chief, do not constitute the exclusive procedure	34269
that any person who believes the person's rights to be unlawfully	34270
affected by those sections or any official action taken thereunder	34271
must pursue in order to protect and preserve those rights, nor do	34272
those sections constitute a procedure that that person must pursue	34273
before that person may lawfully appeal to the courts to protect	34274
and preserve those rights.	34275

Sec. 1509.38. There is hereby created in the division of	34276
~~mineral~~oil and gas resources management a technical advisory	34277
council on oil and gas, which shall consist of eight members to be	34278
appointed by the governor with the advice and consent of the	34279
senate. Three members shall be independent oil or gas producers,	34280
operators, or their representatives, operating and producing	34281
primarily in this state, three members shall be oil or gas	34282
producers, operators, or their representatives having substantial	34283
oil and gas producing operations in this state and at least one	34284
other state, one member shall represent the public, and one member	34285
shall represent persons having landowners' royalty interests in	34286
oil and gas production. All members shall be residents of this	34287
state, and all members, except the members representing the public	34288
and persons having landowners' royalty interests, shall have at	34289
least five years of practical or technical experience in oil or	34290
gas drilling and production. Not more than one member may	34291
represent any one company, producer, or operator.	34292

Terms of office shall be for three years, commencing on the	34293
first day of February and ending on the thirty-first day of	34294
January. Each member shall hold office from the date of	34295
appointment until the end of the term for which the member was	34296
appointed. A vacancy in the office of a member shall be filled by	34297
the governor, with the advice and consent of the senate. Any	34298
member appointed to fill a vacancy occurring prior to the	34299
expiration of the term for which the member's predecessor was	34300
appointed shall hold office for the remainder of that term. Any	34301
member shall continue in office subsequent to the expiration date	34302
of the member's term until the member's successor takes office, or	34303
until a period of sixty days has elapsed, whichever occurs first.	34304

The council shall select from among its members a	34305
chairperson, a vice-chairperson, and a secretary. All members are	34306
entitled to their actual and necessary expenses incurred in the	34307
performance of their duties as members, payable from the	34308
appropriations for the division.	34309

The governor may remove any member for inefficiency, neglect	34310
of duty, or malfeasance in office.	34311

The council shall hold at least one regular meeting in each	34312
quarter of a calendar year and shall keep a record of its	34313
proceedings. Special meetings may be called by the chairperson and	34314
shall be called by the chairperson upon receipt of a written	34315
request signed by two or more members of the council. A written	34316
notice of the time and place of each meeting shall be sent to each	34317
member of the council. Five members constitute a quorum, and no	34318
action of the council is valid unless five members concur.	34319

The council, when requested by the chief of the division of	34320
~~mineral~~oil and gas resources management, shall consult with and	34321
advise the chief and perform other duties that may be lawfully	34322
delegated to it by the chief. The council may participate in	34323
hearings held by the chief under this chapter and has powers of	34324
approval as provided in sections 1509.24 and 1509.25 of the	34325
Revised Code. The council shall conduct the activities required,	34326
and exercise the authority granted, under Chapter 1510. of the	34327
Revised Code.	34328

The council, upon receiving a request from the chairperson of	34329
the oil and gas commission under division (C) of section 1509.35	34330
of the Revised Code, immediately shall prepare and provide to the	34331
chairperson a list of its members who may serve as temporary	34332
members of the oil and gas commission as provided in that	34333
division.	34334

Sec. 1509.40. Except as provided in section 1509.29 of the	34335
Revised Code, no authority granted in this chapter shall be	34336
construed as authorizing a limitation on the amount that any well,	34337
leasehold, or field is permitted to produce under proration orders	34338
of the division of ~~mineral~~oil and gas resources management.	34339

Sec. 1509.50. (A) An oil and gas regulatory cost recovery	34340
assessment is hereby imposed by this section on an owner. An owner	34341
shall pay the assessment in the same manner as a severer who is	34342
required to file a return under section 5749.06 of the Revised	34343
Code. However, an owner may designate a severer who shall pay the	34344
owner's assessment on behalf of the owner on the return that the	34345
severer is required to file under that section. If a severer so	34346
pays an owner's assessment, the severer may recoup from the owner	34347
the amount of the assessment. Except for an exempt domestic well,	34348
the assessment imposed shall be in addition to the taxes levied on	34349
the severance of oil and gas under section 5749.02 of the Revised	34350
Code.	34351

(B)(1) Except for an exempt domestic well, the oil and gas	34352
regulatory cost recovery assessment shall be calculated on a	34353
quarterly basis and shall be one of the following:	34354

(a) If the sum of ten cents per barrel of oil for all of the	34355
wells of the owner, one-half of one cent per one thousand cubic	34356
feet of natural gas for all of the wells of the owner, and the	34357
amount of the severance tax levied on each severer for all of the	34358
wells of the owner under divisions (A)(5) and (6) of section	34359
5749.02 of the Revised Code, as applicable, is greater than the	34360
sum of fifteen dollars for each well owned by the owner, the	34361
amount of the assessment is the sum of ten cents per barrel of oil	34362
for all of the wells of the owner and one-half of one cent per one	34363
thousand cubic feet of natural gas for all of the wells of the	34364
owner.	34365

(b) If the sum of ten cents per barrel of oil for all of the	34366
wells of the owner, one-half of one cent per one thousand cubic	34367
feet of natural gas for all of the wells of the owner, and the	34368
amount of the severance tax levied on each severer for all of the	34369
wells of the owner under divisions (A)(5) and (6) of section	34370
5749.02 of the Revised Code, as applicable, is less than the sum	34371
of fifteen dollars for each well owned by the owner, the amount of	34372
the assessment is the sum of fifteen dollars for each well owned	34373
by the owner less the amount of the tax levied on each severer for	34374
all of the wells of the owner under divisions (A)(5) and (6) of	34375
section 5749.02 of the Revised Code, as applicable.	34376

(2) The oil and gas regulatory cost recovery assessment for a	34377
well that becomes an exempt domestic well on and after ~~the~~	34378
~~effective date of this section~~June 30, 2010, shall be sixty	34379
dollars to be paid to the division of ~~mineral~~oil and gas	34380
resources management on the first day of July of each year.	34381

(C) All money collected pursuant to this section shall be	34382
deposited in the state treasury to the credit of the oil and gas	34383
well fund created in section 1509.02 of the Revised Code.	34384

(D) Except for purposes of revenue distribution as specified	34385
in division (B) of section 5749.02 of the Revised Code, the oil	34386
and gas regulatory cost recovery assessment imposed by this	34387
section shall be treated the same and equivalent for all purposes	34388
as the taxes levied on the severance of oil and gas under that	34389
section. However, the assessment imposed by this section is not a	34390
tax under Chapter 5749. of the Revised Code.	34391

Sec. 1510.01. As used in this chapter:

34392

(A) "First purchaser" means:

34393

(1) With regard to crude oil, the person to whom title first	34394
is transferred beyond the gathering tank or tanks, beyond the	34395
facility from which the crude oil was first produced, or both;	34396

(2) With regard to natural gas, the person to whom title	34397
first is transferred beyond the inlet side of the measurement	34398
station from which the natural gas was first produced.	34399

(B) "Independent producer" means a person who complies with	34400
both of the following:	34401

(1) Produces oil or natural gas and is not engaged in	34402
refining either product;	34403

(2) Derives a majority of income from ownership in properties	34404
producing oil or natural gas.	34405

(C) "Qualified independent producer association" means an	34406
association that complies with all of the following:	34407

(1) It is in existence on December 18, 1997.

34408

(2) It is organized and operating within this state.

34409

(3) A majority of the members of its governing body are	34410
independent producers.	34411

(D) "Technical advisory council" or "council" means the	34412
technical advisory council created in the division of ~~mineral~~oil	34413
and gas resources management under section 1509.38 of the Revised	34414
Code.	34415

Sec. 1510.08. (A)(1) Except as provided in division (A)(2)	34416
of this section, an operating committee may levy assessments on	34417
the production of oil and natural gas in this state for the	34418
purposes of a marketing program established under this chapter.	34419

(2) An operating committee shall not levy an assessment that	34420
was not approved by independent producers or that exceeds the	34421
amount authorized under division (B)(1) of section 1510.04 of the	34422
Revised Code. An operating committee shall not levy an assessment	34423
against an independent producer who is not eligible to vote in a	34424
referendum for the marketing program that the operating committee	34425
administers, as determined under division (C) of section 1510.02	34426
of the Revised Code.	34427

(B) The technical advisory council may require a first	34428
purchaser to withhold assessments from any amounts that the first	34429
purchaser owes to independent producers and, notwithstanding	34430
division (A)(2) of this section, to remit them to the chairperson	34431
of the council at the office of the division of ~~mineral~~oil and	34432
gas resources management. A first purchaser who pays an assessment	34433
that is levied pursuant to this section for an independent	34434
producer may deduct the amount of the assessment from any moneys	34435
that the first purchaser owes the independent producer.	34436

(C) A marketing program shall require a refund of assessments	34437
collected under this section after receiving an application for a	34438
refund from an independent producer. An application for a refund	34439
shall be made on a form furnished by the council. The operating	34440
committee shall ensure that refund forms are available where	34441
assessments for its program are withheld.	34442

An independent producer who desires a refund shall submit a	34443
request for a refund not later than the thirty-first day of March	34444
of the year in which the request is submitted. The council shall	34445
refund the assessment to the independent producer not later than	34446
the thirtieth day of June of the year in which the request for the	34447
refund is submitted.	34448

(D) An operating committee shall not use moneys from any	34449
assessments that it levies for any political or legislative	34450
purpose or for preferential treatment of one person to the	34451
detriment of another person who is affected by the marketing	34452
program that the operating committee administers.	34453

Sec. 1515.08. The supervisors of a soil and water	34454
conservation district have the following powers in addition to	34455
their other powers:	34456

(A) To conduct surveys, investigations, and research relating	34457
to the character of soil erosion, floodwater and sediment damages,	34458
and the preventive and control measures and works of improvement	34459
for flood prevention and the conservation, development,	34460
utilization, and disposal of water needed within the district, and	34461
to publish the results of those surveys, investigations, or	34462
research, provided that no district shall initiate any research	34463
program except in cooperation or after consultation with the Ohio	34464
agricultural research and development center;	34465

(B) To develop plans for the conservation of soil resources,	34466
for the control and prevention of soil erosion, and for works of	34467
improvement for flood prevention and the conservation,	34468
development, utilization, and disposal of water within the	34469
district, and to publish those plans and information;	34470

(C) To implement, construct, repair, maintain, and operate	34471
preventive and control measures and other works of improvement for	34472
natural resource conservation and development and flood	34473
prevention, and the conservation, development, utilization, and	34474
disposal of water within the district on lands owned or controlled	34475
by this state or any of its agencies and on any other lands within	34476
the district, which works may include any facilities authorized	34477
under state or federal programs, and to acquire, by purchase or	34478
gift, to hold, encumber, or dispose of, and to lease real and	34479
personal property or interests in such property for those	34480
purposes;	34481

(D) To cooperate or enter into agreements with any occupier	34482
of lands within the district in the carrying on of natural	34483
resource conservation operations and works of improvement for	34484
flood prevention and the conservation, development, utilization,	34485
and management of natural resources within the district, subject	34486
to such conditions as the supervisors consider necessary;	34487

(E) To accept donations, gifts, grants, and contributions in	34488
money, service, materials, or otherwise, and to use or expend them	34489
according to their terms;	34490

(F) To adopt, amend, and rescind rules to carry into effect	34491
the purposes and powers of the district;	34492

(G) To sue and plead in the name of the district, and be sued	34493
and impleaded in the name of the district, with respect to its	34494
contracts and, as indicated in section 1515.081 of the Revised	34495
Code, certain torts of its officers, employees, or agents acting	34496
within the scope of their employment or official responsibilities,	34497
or with respect to the enforcement of its obligations and	34498
covenants made under this chapter;	34499

(H) To make and enter into all contracts, leases, and	34500
agreements and execute all instruments necessary or incidental to	34501
the performance of the duties and the execution of the powers of	34502
the district under this chapter, provided that all of the	34503
following apply:	34504

(1) Except as provided in section 307.86 of the Revised Code	34505
regarding expenditures by boards of county commissioners, when the	34506
cost under any such contract, lease, or agreement, other than	34507
compensation for personal services or rental of office space,	34508
involves an expenditure of more than the amount established in	34509
that section regarding expenditures by boards of county	34510
commissioners, the supervisors shall make a written contract with	34511
the lowest and best bidder after advertisement, for not less than	34512
two nor more than four consecutive weeks preceding the day of the	34513
opening of bids, in a newspaper of general circulation within the	34514
district or as provided in section 7.16 of the Revised Code and in	34515
such other publications as the supervisors determine. The notice	34516
shall state the general character of the work and materials to be	34517
furnished, the place where plans and specifications may be	34518
examined, and the time and place of receiving bids.	34519

(2) Each bid for a contract shall contain the full name of	34520
every person interested in it.	34521

(3) Each bid for a contract for the construction, demolition,	34522
alteration, repair, or reconstruction of an improvement shall meet	34523
the requirements of section 153.54 of the Revised Code.	34524

(4) Each bid for a contract, other than a contract for the	34525
construction, demolition, alteration, repair, or reconstruction of	34526
an improvement, at the discretion of the supervisors, may be	34527
accompanied by a bond or certified check on a solvent bank in an	34528
amount not to exceed five per cent of the bid, conditioned that,	34529
if the bid is accepted, a contract shall be entered into.	34530

(5) The supervisors may reject any and all bids.

34531

(I) To make agreements with the department of natural	34532
resources giving it control over lands of the district for the	34533
purpose of construction of improvements by the department under	34534
section 1501.011 of the Revised Code;	34535

(J) To charge, alter, and collect rentals and other charges	34536
for the use or services of any works of the district;	34537

(K) To enter, either in person or by designated	34538
representatives, upon lands, private or public, in the necessary	34539
discharge of their duties;	34540

(L) To enter into agreements or contracts with the department	34541
for the determination, implementation, inspection, and funding of	34542
agricultural pollution abatement and urban sediment pollution	34543
abatement measures whereby landowners, operators, managers, and	34544
developers may meet adopted state standards for a quality	34545
environment, except that failure of a district board of	34546
supervisors to negotiate an agreement or contract with the	34547
department shall authorize the division of soil and water	34548
resources to implement the required program;	34549

(M) To conduct demonstrations and provide information to the	34550
public regarding practices and methods for natural resource	34551
conservation, development, and utilization;	34552

(N) To enter into contracts or agreements with the chief of	34553
the division of soil and water resources to implement and	34554
administer a program for urban sediment pollution abatement and to	34555
receive and expend moneys provided by the chief for that purpose;	34556

(O) To develop operation and management plans, as defined in	34557
section 1511.01 of the Revised Code, as necessary;	34558

(P) To determine whether operation and management plans	34559
developed under division (A) of section 1511.021 of the Revised	34560
Code comply with the standards established under division (E)(1)	34561
of section 1511.02 of the Revised Code and to approve or	34562
disapprove the plans, based on such compliance. If an operation	34563
and management plan is disapproved, the board shall provide a	34564
written explanation to the person who submitted the plan. The	34565
person may appeal the plan disapproval to the chief, who shall	34566
afford the person a hearing. Following the hearing, the chief	34567
shall uphold the plan disapproval or reverse it. If the chief	34568
reverses the plan disapproval, the plan shall be deemed approved	34569
under this division. In the event that any person operating or	34570
owning agricultural land or a concentrated animal feeding	34571
operation in accordance with an approved operation and management	34572
plan who, in good faith, is following that plan, causes	34573
agricultural pollution, the plan shall be revised in a fashion	34574
necessary to mitigate the agricultural pollution, as determined	34575
and approved by the board of supervisors of the soil and water	34576
conservation district.	34577

(Q) With regard to composting conducted in conjunction with	34578
agricultural operations, to do all of the following:	34579

(1) Upon request or upon their own initiative, inspect	34580
composting at any such operation to determine whether the	34581
composting is being conducted in accordance with section 1511.022	34582
of the Revised Code;	34583

(2) If the board determines that composting is not being so	34584
conducted, request the chief to issue an order under division (G)	34585
of section 1511.02 of the Revised Code requiring the person who is	34586
conducting the composting to prepare a composting plan in	34587
accordance with rules adopted under division (E)(8)(c) of that	34588
section and to operate in accordance with that plan or to operate	34589
in accordance with a previously prepared plan, as applicable;	34590

(3) In accordance with rules adopted under division (E)(8)(c)	34591
of section 1511.02 of the Revised Code, review and approve or	34592
disapprove any such composting plan. If a plan is disapproved, the	34593
board shall provide a written explanation to the person who	34594
submitted the plan.	34595

As used in division (Q) of this section, "composting" has the	34596
same meaning as in section 1511.01 of the Revised Code.	34597

(R) With regard to conservation activities that are conducted	34598
in conjunction with agricultural operations, to assist the county	34599
auditor, upon request, in determining whether a conservation	34600
activity is a conservation practice for purposes of Chapter 929.	34601
or sections 5713.30 to 5713.37 and 5715.01 of the Revised Code.	34602

As used in this division, "conservation practice" has the	34603
same meaning as in section 5713.30 of the Revised Code.	34604

(S) To do all acts necessary or proper to carry out the	34605
powers granted in this chapter.	34606

The director of natural resources shall make recommendations	34607
to reduce the adverse environmental effects of each project that a	34608
soil and water conservation district plans to undertake under	34609
division (A), (B), (C), or (D) of this section and that will be	34610
funded in whole or in part by moneys authorized under section	34611
1515.16 of the Revised Code and shall disapprove any such project	34612
that the director finds will adversely affect the environment	34613
without equal or greater benefit to the public. The director's	34614
disapproval or recommendations, upon the request of the district	34615
filed in accordance with rules adopted by the Ohio soil and water	34616
conservation commission, shall be reviewed by the commission,	34617
which may confirm the director's decision, modify it, or add	34618
recommendations to or approve a project the director has	34619
disapproved.	34620

Any instrument by which real property is acquired pursuant to	34621
this section shall identify the agency of the state that has the	34622
use and benefit of the real property as specified in section	34623
5301.012 of the Revised Code.	34624

Sec. 1515.14. Within the limits of funds appropriated to the	34625
department of natural resources and the soil and water	34626
conservation district assistance fund created in this section,	34627
there shall be paid in each calendar year to each local soil and	34628
water conservation district an amount not to exceed one dollar for	34629
each one dollar received in accordance with section 1515.10 of the	34630
Revised Code, received from tax levies in excess of the ten-mill	34631
levy limitation approved for the benefit of local soil and water	34632
conservation districts, or received from an appropriation by a	34633
municipal corporation or a township to a maximum of eight thousand	34634
dollars, provided that the Ohio soil and water conservation	34635
commission may approve payment to a district in an amount in	34636
excess of eight thousand dollars in any calendar year upon receipt	34637
of a request and justification from the district. The county	34638
auditor shall credit such payments to the special fund established	34639
pursuant to section 1515.10 of the Revised Code for the local soil	34640
and water conservation district. The department may make advances	34641
at least quarterly to each district on the basis of the estimated	34642
contribution of the state to each district. Moneys received by	34643
each district shall be expended for the purposes of the district.	34644

For the purpose of providing money to soil and water	34645
conservation districts under this section, there is hereby created	34646
in the state treasury the soil and water conservation district	34647
assistance fund consisting of money credited to it under sections	34648
3714.073 and 3734.901 and division (A)~~(5)~~(4) of section 3734.57 of	34649
the Revised Code.	34650

Sec. 1515.24. (A) Following receipt of a certification made	34651
by the supervisors of a soil and water conservation district	34652
pursuant to section 1515.19 of the Revised Code together with	34653
receipt of all plans, specifications, and estimates submitted	34654
under that section and upon completion of a schedule of estimated	34655
assessments in accordance with section 1515.211 of the Revised	34656
Code, the board of county commissioners may adopt a resolution	34657
levying upon the property within the project area an assessment at	34658
a uniform or varied rate based upon the benefit to the area	34659
certified by the supervisors, as necessary to pay the cost of	34660
construction of the improvement not otherwise funded and to repay	34661
advances made for purposes of the improvement from the fund	34662
created by section 1515.15 of the Revised Code. The board of	34663
county commissioners shall direct the person or authority	34664
preparing assessments to give primary consideration, in	34665
determining a parcel's estimated assessments relating to the	34666
disposal of water, to the potential increase in productivity that	34667
the parcel may experience as a result of the improvement and also	34668
to give consideration to the amount of water disposed of, the	34669
location of the property relative to the project, the value of the	34670
project to the watershed, and benefits. The part of the assessment	34671
that is found to benefit state, county, or township roads or	34672
highways or municipal streets shall be assessed against the state,	34673
county, township, or municipal corporation, respectively, payable	34674
from motor vehicle revenues. The part of the assessment that is	34675
found to benefit property owned by any public corporation, any	34676
political subdivision of the state, or the state shall be assessed	34677
against the public corporation, the political subdivision, or the	34678
state and shall be paid out of the general funds or motor vehicle	34679
revenues of the public corporation, the political subdivision of	34680
the state, or the state, except as otherwise provided by law.	34681

(B) The assessment shall be certified to the county auditor	34682
and by the county auditor to the county treasurer. The collection	34683
of the assessment shall conform in all matters to Chapter 323. of	34684
the Revised Code.	34685

(C) Any land owned and managed by the department of natural	34686
resources for wildlife, recreation, nature preserve, or forestry	34687
purposes is exempt from assessments if the director of natural	34688
resources determines that the land derives no benefit from the	34689
improvement. In making such a determination, the director shall	34690
consider the purposes for which the land is owned and managed and	34691
any relevant articles of dedication or existing management plans	34692
for the land. If the director determines that the land derives no	34693
benefit from the improvement, the director shall notify the board	34694
of county commissioners, within thirty days after receiving the	34695
assessment notification required by this section, indicating that	34696
the director has determined that the land is to be exempt and	34697
explaining the specific reason for making this determination. The	34698
board of county commissioners, within thirty days after receiving	34699
the director's exemption notification, may appeal the	34700
determination to the court of common pleas. If the court of common	34701
pleas finds in favor of the board of county commissioners, the	34702
department of natural resources shall pay all court costs and	34703
legal fees.	34704

(D)(1) The board shall give notice by first class mail to	34705
every public and private property owner whose property is subject	34706
to assessment, at the tax mailing or other known address of the	34707
owner. The notice shall contain a statement of the amount to be	34708
assessed against the property of the addressee, a description of	34709
the method used to determine the necessity for and the amount of	34710
the proposed assessment, a description of any easement on the	34711
property that is necessary for purposes of the improvement, and a	34712
statement that the addressee may file an objection in writing at	34713
the office of the board of county commissioners within thirty days	34714
after the mailing of notice. If the residence of any owner cannot	34715
be ascertained, or if any mailed notice is returned undelivered,	34716
the board shall publish the notice to all such owners in a	34717
newspaper of general circulation within the project area, ~~at least~~	34718
once each week for three weeks~~, which~~or as provided in section	34719
7.16 of the Revised Code. The notice shall include the information	34720
contained in the mailed notice, but shall state that the owner may	34721
file an objection in writing at the office of the board of county	34722
commissioners within thirty days after the last publication of the	34723
notice.	34724

(2) Upon receipt of objections as provided in this section,	34725
the board shall proceed within thirty days to hold a final hearing	34726
on the objections by fixing a date and giving notice by first	34727
class mail to the objectors at the address provided in filing the	34728
objection. If any mailed notice is returned undelivered, the board	34729
shall give due notice to the objectors in a newspaper of general	34730
circulation in the project area or as provided in section 7.16 of	34731
the Revised Code, stating the time, place, and purpose of the	34732
hearing. Upon hearing the objectors, the board may adopt a	34733
resolution amending and approving the final schedule of	34734
assessments and shall enter it in the journal.	34735

(3) Any owner whose objection is not allowed may appeal	34736
within thirty days to the court of common pleas of the county in	34737
which the property is located.	34738

(4) The board of county commissioners shall make an order	34739
approving the levying of the assessment and shall proceed under	34740
section 6131.23 of the Revised Code after one of the following has	34741
occurred, as applicable:	34742

(a) Final notice is provided by mail or publication.

34743

(b) The imposition of assessments is upheld in the final	34744
disposition of an appeal that is filed pursuant to division (D)(3)	34745
of this section.	34746

(c) The resolution levying the assessments is approved in a	34747
referendum that is held pursuant to section 305.31 of the Revised	34748
Code.	34749

(5) The county treasurer shall deposit the proceeds of the	34750
assessment in the fund designated by the board and shall report to	34751
the county auditor the amount of money from the assessment that is	34752
collected by the treasurer. Moneys shall be expended from the fund	34753
for purposes of the improvement.	34754

(E) Any moneys collected in excess of the amount needed for	34755
construction of the improvement and the subsequent first year's	34756
maintenance may be maintained in a fund to be used for maintenance	34757
of the improvement. In any year subsequent to a year in which an	34758
assessment for construction of an improvement levied under this	34759
section has been collected, and upon determination by the board of	34760
county commissioners that funds are not otherwise available for	34761
maintenance or repair of the improvement, the board shall levy on	34762
the property within the project area an assessment for maintenance	34763
at a uniform percentage of all construction costs based upon the	34764
assessment schedule used in determining the construction	34765
assessment. The assessment is not subject to the provisions	34766
concerning notice and petition contained in this section. An	34767
assessment for maintenance shall not be levied in any year in	34768
which the unencumbered balance of funds available for maintenance	34769
of the improvement exceeds twenty per cent of the cost of	34770
construction of the improvement, except that the board may adjust	34771
the level of assessment within the twenty per cent limitation, or	34772
suspend temporarily the levying of an assessment, for maintenance	34773
purposes as maintenance funds are needed.	34774

For the purpose of levying an assessment for maintenance of	34775
an improvement, a board may use the procedures established in	34776
Chapter 6137. of the Revised Code regarding maintenance of	34777
improvements as defined in section 6131.01 of the Revised Code in	34778
lieu of using the procedures established under this section.	34779

(F) The board of county commissioners may issue bonds and	34780
notes as authorized by section 131.23 or 133.17 of the Revised	34781
Code.	34782

Sec. 1517.02. There is hereby created in the department of	34783
natural resources the division of natural areas and preserves,	34784
which shall be administered by the chief of the division of	34785
natural areas and preserves. The chief shall take an oath of	34786
office and shall file in the office of the secretary of state a	34787
bond signed by the chief and by a surety approved by the governor	34788
for a sum fixed pursuant to section 121.11 of the Revised Code.	34789

The chief shall administer a system of nature preserves. The	34790
chief shall establish a system of nature preserves through	34791
acquisition and dedication of natural areas of state or national	34792
significance, which shall include, but not be limited to, areas	34793
that represent characteristic examples of Ohio's natural landscape	34794
types and its natural vegetation and geological history. The chief	34795
shall encourage landowners to dedicate areas of unusual	34796
significance as nature preserves, and shall establish and maintain	34797
a registry of natural areas of unusual significance.	34798

The chief may participate in watershed planning activities	34799
with other states or federal agencies.	34800

The chief shall do the following:

34801

(A) Formulate policies and plans for the acquisition, use,	34802
management, and protection of nature preserves;	34803

(B) Formulate policies for the selection of areas suitable	34804
for registration;	34805

(C) Formulate policies for the dedication of areas as nature	34806
preserves;	34807

(D) Prepare and maintain surveys and inventories of natural	34808
areas, rare and endangered species of plants and animals, and	34809
other unique natural features. The information shall be ~~stored~~	34810
entered in the Ohio natural heritage database, established	34811
~~pursuant to this division, and may be made available to any~~	34812
~~individual or private or public agency for research, educational,~~	34813
~~environmental, land management, or other similar purposes that are~~	34814
~~not detrimental to the conservation of a species or feature.~~	34815
~~Information regarding sensitive site locations of species that are~~	34816
~~listed pursuant to section 1518.01 of the Revised Code and of~~	34817
~~unique natural features that are included in the Ohio natural~~	34818
~~heritage database is not subject to section 149.43 of the Revised~~	34819
~~Code if the chief determines that the release of the information~~	34820
~~could be detrimental to the conservation of a species or unique~~	34821
~~natural feature~~under section 1531.04 of the Revised Code.	34822

(E) Adopt rules for the use, visitation, and protection of	34823
nature preserves and natural areas owned or managed through	34824
easement, license, or lease by the department and administered by	34825
the division in accordance with Chapter 119. of the Revised Code;	34826

(F) Provide facilities and improvements within the state	34827
system of nature preserves that are necessary for their	34828
visitation, use, restoration, and protection and do not impair	34829
their natural character;	34830

(G) Provide interpretive programs and publish and disseminate	34831
information pertaining to nature preserves and natural areas for	34832
their visitation and use;	34833

(H) Conduct and grant permits to qualified persons for the	34834
conduct of scientific research and investigations within nature	34835
preserves;	34836

(I) Establish an appropriate system for marking nature	34837
preserves;	34838

(J) Publish and submit to the governor and the general	34839
assembly a biennial report of the status and condition of each	34840
nature preserve, activities conducted within each preserve, and	34841
plans and recommendations for natural area preservation.	34842

Sec. 1517.03. (A) There is hereby created the Ohio natural	34843
areas council to advise the ~~chief of the division~~director of	34844
natural ~~areas and preserves~~resources or the director's designee	34845
on the administration of nature preserves and the preservation of	34846
natural areas.	34847

(B) The council shall ~~have no fewer than five members as~~	34848
~~determined by the director of natural resources. The members shall~~	34849
~~be appointed by the director.~~	34850

~~Not later than thirty days after the effective date of this~~	34851
~~section, the director shall make initial appointments to the~~	34852
~~council. The director shall establish the terms of office of the~~	34853
~~members of the council~~be composed of the following members	34854
appointed by the governor with the advice and consent of the	34855
senate:	34856

(1) One member representing natural history museums;

34857

(2) One member representing metropolitan park districts;

34858

(3) One member representing colleges and universities;

34859

(4) One member representing outdoor education programs in	34860
primary and secondary education;	34861

(5) One member representing nature centers;

34862

(6) Two members representing the public.

34863

Each appointed member shall be active or interested in	34864
natural area preservation. Not more than four of the appointed	34865
members shall belong to the same political party.	34866

The director or the director's designee shall be a nonvoting	34867
ex officio member of the council.	34868

(C) Not later than thirty days after the effective date of	34869
this amendment, the governor shall make appointments to the	34870
council. Of the initial appointments, two shall be for terms	34871
ending on the first Monday in February 2012, two shall be for	34872
terms ending on the first Monday in February 2013, two shall be	34873
for terms ending on the first Monday in February 2014, and one	34874
shall be for a term ending on the first Monday in February 2015.	34875
Thereafter, terms of office shall be for four years, with each	34876
term ending on the same day of the same month as did the term that	34877
it succeeds. A member shall hold office from the date of	34878
appointment until the end of the term for which the member was	34879
appointed. Members may be reappointed. Vacancies shall be filled	34880
in the manner provided for original appointments. A member	34881
appointed to fill a vacancy occurring prior to the expiration date	34882
of the term for which the member's predecessor was appointed shall	34883
hold office for the remainder of that term. A member shall	34884
continue in office subsequent to the expiration date of the	34885
member's term until the member's successor takes office or until a	34886
period of sixty days has elapsed, whichever occurs first.	34887

(D) The council annually shall select from among its members	34888
a chairperson and a secretary. ~~Members~~The department of natural	34889
resources shall furnish clerical, technical, legal, and other	34890
services required by the council in the performance of its duties.	34891

Members of the council shall receive no compensation and	34892
shall not be reimbursed for expenses incurred as members of the	34893
council.	34894

(E) The council shall hold at least one regular meeting in	34895
~~each calendar year~~every three months. Special meetings may be	34896
called by the chairperson and shall be called by the chairperson	34897
upon written request by two or more members of the council. A	34898
written notice of the time and place of each meeting shall be sent	34899
to each member and to the director. A majority of the members of	34900
the council constitutes a quorum. The council shall keep a record	34901
of its proceedings at each meeting and shall send a copy of the	34902
record to the director. The record shall be open to the public for	34903
inspection.	34904

Sec. 1531.04. The division of wildlife, at the direction of	34905
the chief of the division, shall do all of the following:	34906

(A) Plan, develop, and institute programs and policies based	34907
on the best available information, including biological	34908
information derived from professionally accepted practices in	34909
wildlife and fisheries management, with the approval of the	34910
director of natural resources;	34911

(B) Have and take the general care, protection, and	34912
supervision of the wildlife in the state parks known as Lake St.	34913
Marys, The Portage Lakes, Lake Loramie, Indian Lake, Buckeye Lake,	34914
Guilford Lake, such part of Pymatuning reservoir as lies in this	34915
state, and all other state parks and lands owned by the state or	34916
in which it is interested or may acquire or become interested,	34917
except lands and lakes the care and supervision of which are	34918
vested in some other officer, body, board, association, or	34919
organization;	34920

(C) Enforce by proper legal action or proceeding the laws of	34921
the state and division rules for the protection, preservation,	34922
propagation, and management of wild animals and sanctuaries and	34923
refuges for the propagation of those wild animals, and adopt and	34924
carry into effect such measures as it considers necessary in the	34925
performance of its duties;	34926

(D) Promote, educate, and inform the citizens of the state	34927
about conservation and the values of fishing, hunting, and	34928
trapping, with the approval of the director;	34929

(E) Prepare and maintain surveys and inventories of rare and	34930
endangered species of plants and animals and other unique natural	34931
features. The information shall be stored in the Ohio natural	34932
heritage database, established pursuant to this division, and may	34933
be made available to any individual or private or public agency	34934
for research, educational, environmental, land management, or	34935
other similar purposes that are not detrimental to the	34936
conservation of a species or feature. Information regarding	34937
sensitive site locations of species that are listed pursuant to	34938
section 1518.01 of the Revised Code and of unique natural features	34939
that are included in the Ohio natural heritage database is not	34940
subject to section 149.43 of the Revised Code if the chief	34941
determines that the release of the information could be	34942
detrimental to the conservation of a species or unique natural	34943
feature.	34944

Sec. 1533.10. Except as provided in this section or division	34945
(A)(2) of section 1533.12 of the Revised Code, no person shall	34946
hunt any wild bird or wild quadruped without a hunting license.	34947
Each day that any person hunts within the state without procuring	34948
such a license constitutes a separate offense. Except as otherwise	34949
provided in this section, every applicant for a hunting license	34950
who is a resident of the state and eighteen years of age or more	34951
shall procure a resident hunting license or an apprentice resident	34952
hunting license, the fee for which shall be eighteen dollars	34953
unless the rules adopted under division (B) of section 1533.12 of	34954
the Revised Code provide for issuance of a resident hunting	34955
license to the applicant free of charge. Except as provided in	34956
rules adopted under division (B)(2) of that section, each	34957
applicant who is a resident of this state and who at the time of	34958
application is sixty-six years of age or older shall procure a	34959
special senior hunting license, the fee for which shall be	34960
one-half of the regular hunting license fee. Every applicant who	34961
is under the age of eighteen years shall procure a special youth	34962
hunting license or an apprentice youth hunting license, the fee	34963
for which shall be one-half of the regular hunting license fee.	34964
~~The owner of~~	34965

A resident of this state who owns lands in the state and the	34966
owner's children of any age and grandchildren under eighteen years	34967
of age may hunt on the lands without a hunting license. If the	34968
owner of land in this state is a limited liability company or a	34969
limited liability partnership that consists of three or fewer	34970
individual members or partners, as applicable, an individual	34971
member or partner who is a resident of this state and the member's	34972
or partner's children of any age and grandchildren under eighteen	34973
years of age may hunt on the land owned by the limited liability	34974
company or limited liability partnership without a hunting	34975
license. In addition, if the owner of land in this state is a	34976
trust that has a total of three or fewer trustees and	34977
beneficiaries, an individual who is a trustee or beneficiary and	34978
who is a resident of this state and the individual's children of	34979
any age and grandchildren under eighteen years of age may hunt on	34980
the land owned by the trust without a hunting license. The tenant	34981
and children of the tenant, residing on lands in the state, may	34982
hunt on them without a hunting license. ~~Except~~	34983

Except as otherwise provided in division (A)(1) of section	34984
1533.12 of the Revised Code, every applicant for a hunting license	34985
who is a nonresident of the state and who is eighteen years of age	34986
or older shall procure a nonresident hunting license or an	34987
apprentice nonresident hunting license, the fee for which shall be	34988
one hundred twenty-four dollars unless the applicant is a resident	34989
of a state that is a party to an agreement under section 1533.91	34990
of the Revised Code, in which case the fee shall be eighteen	34991
dollars. Apprentice resident hunting licenses, apprentice youth	34992
hunting licenses, and apprentice nonresident hunting licenses are	34993
subject to the requirements established under section 1533.102 of	34994
the Revised Code and rules adopted pursuant to it.	34995

The chief of the division of wildlife may issue a small game	34996
hunting license expiring three days from the effective date of the	34997
license to a nonresident of the state, the fee for which shall be	34998
thirty-nine dollars. No person shall take or possess deer, wild	34999
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame	35000
animal while possessing only a small game hunting license. A small	35001
game hunting license or an apprentice nonresident hunting license	35002
does not authorize the taking or possessing of ducks, geese, or	35003
brant without having obtained, in addition to the small game	35004
hunting license or the apprentice nonresident hunting license, a	35005
wetlands habitat stamp as provided in section 1533.112 of the	35006
Revised Code. A small game hunting license or an apprentice	35007
nonresident hunting license does not authorize the taking or	35008
possessing of deer, wild turkeys, or fur-bearing animals. A	35009
nonresident of the state who wishes to take or possess deer, wild	35010
turkeys, or fur-bearing animals in this state shall procure,	35011
respectively, a deer or wild turkey permit as provided in section	35012
1533.11 of the Revised Code or a fur taker permit as provided in	35013
section 1533.111 of the Revised Code in addition to a nonresident	35014
hunting license, an apprentice nonresident hunting license, a	35015
special youth hunting license, or an apprentice youth hunting	35016
license, as applicable, as provided in this section.	35017

No person shall procure or attempt to procure a hunting	35018
license by fraud, deceit, misrepresentation, or any false	35019
statement.	35020

This section does not authorize the taking and possessing of	35021
deer or wild turkeys without first having obtained, in addition to	35022
the hunting license required by this section, a deer or wild	35023
turkey permit as provided in section 1533.11 of the Revised Code	35024
or the taking and possessing of ducks, geese, or brant without	35025
first having obtained, in addition to the hunting license required	35026
by this section, a wetlands habitat stamp as provided in section	35027
1533.112 of the Revised Code.	35028

This section does not authorize the hunting or trapping of	35029
fur-bearing animals without first having obtained, in addition to	35030
a hunting license required by this section, a fur taker permit as	35031
provided in section 1533.111 of the Revised Code.	35032

No hunting license shall be issued unless it is accompanied	35033
by a written explanation of the law in section 1533.17 of the	35034
Revised Code and the penalty for its violation, including a	35035
description of terms of imprisonment and fines that may be	35036
imposed.	35037

No hunting license, other than an apprentice hunting license,	35038
shall be issued unless the applicant presents to the agent	35039
authorized to issue the license a previously held hunting license	35040
or evidence of having held such a license in content and manner	35041
approved by the chief, a certificate of completion issued upon	35042
completion of a hunter education and conservation course approved	35043
by the chief, or evidence of equivalent training in content and	35044
manner approved by the chief. A previously held apprentice hunting	35045
license does not satisfy the requirement concerning the	35046
presentation of a previously held hunting license or evidence of	35047
it.	35048

No person shall issue a hunting license, except an apprentice	35049
hunting license, to any person who fails to present the evidence	35050
required by this section. No person shall purchase or obtain a	35051
hunting license, other than an apprentice hunting license, without	35052
presenting to the issuing agent the evidence required by this	35053
section. Issuance of a hunting license in violation of the	35054
requirements of this section is an offense by both the purchaser	35055
of the illegally obtained hunting license and the clerk or agent	35056
who issued the hunting license. Any hunting license issued in	35057
violation of this section is void.	35058

The chief, with approval of the wildlife council, shall adopt	35059
rules prescribing a hunter education and conservation course for	35060
first-time hunting license buyers, other than buyers of apprentice	35061
hunting licenses, and for volunteer instructors. The course shall	35062
consist of subjects including, but not limited to, hunter safety	35063
and health, use of hunting implements, hunting tradition and	35064
ethics, the hunter and conservation, the law in section 1533.17 of	35065
the Revised Code along with the penalty for its violation,	35066
including a description of terms of imprisonment and fines that	35067
may be imposed, and other law relating to hunting. Authorized	35068
personnel of the division or volunteer instructors approved by the	35069
chief shall conduct such courses with such frequency and at such	35070
locations throughout the state as to reasonably meet the needs of	35071
license applicants. The chief shall issue a certificate of	35072
completion to each person who successfully completes the course	35073
and passes an examination prescribed by the chief.	35074

Sec. 1533.11. (A) Except as provided in this section, no	35075
person shall hunt deer on lands of another without first obtaining	35076
an annual deer permit. Except as provided in this section, no	35077
person shall hunt wild turkeys on lands of another without first	35078
obtaining an annual wild turkey permit. Each applicant for a deer	35079
or wild turkey permit shall pay an annual fee of twenty-three	35080
dollars for each permit unless the rules adopted under division	35081
(B) of section 1533.12 of the Revised Code provide for issuance of	35082
a deer or wild turkey permit to the applicant free of charge.	35083
Except as provided in rules adopted under division (B)(2) of that	35084
section, each applicant who is a resident of this state and who at	35085
the time of application is sixty-six years of age or older shall	35086
procure a senior deer or wild turkey permit, the fee for which	35087
shall be one-half of the regular deer or wild turkey permit fee.	35088
Each applicant who is under the age of eighteen years shall	35089
procure a youth deer or wild turkey permit, the fee for which	35090
shall be one-half of the regular deer or wild turkey permit fee.	35091
Except as provided in division (A)(2) of section 1533.12 of the	35092
Revised Code, a deer or wild turkey permit shall run concurrently	35093
with the hunting license. The money received shall be paid into	35094
the state treasury to the credit of the wildlife fund, created in	35095
section 1531.17 of the Revised Code, exclusively for the use of	35096
the division of wildlife in the acquisition and development of	35097
land for deer or wild turkey management, for investigating deer or	35098
wild turkey problems, and for the stocking, management, and	35099
protection of deer or wild turkey. Every person, while hunting	35100
deer or wild turkey on lands of another, shall carry the person's	35101
deer or wild turkey permit and exhibit it to any enforcement	35102
officer so requesting. Failure to so carry and exhibit such a	35103
permit constitutes an offense under this section. The chief of the	35104
division of wildlife shall adopt any additional rules the chief	35105
considers necessary to carry out this section and section 1533.10	35106
of the Revised Code.	35107

~~The~~An owner who is a resident of this state and the children	35108
of the owner of lands in this state may hunt deer or wild turkey	35109
thereon without a deer or wild turkey permit. If the owner of land	35110
in this state is a limited liability company or a limited	35111
liability partnership that consists of three or fewer individual	35112
members or partners, as applicable, an individual member or	35113
partner who is a resident of this state and the member's or	35114
partner's children of any age may hunt deer or wild turkey on the	35115
land owned by the limited liability company or limited liability	35116
partnership without a deer or wild turkey permit. In addition, if	35117
the owner of land in this state is a trust that has a total of	35118
three or fewer trustees and beneficiaries, an individual who is a	35119
trustee or beneficiary and who is a resident of this state and the	35120
individual's children of any age may hunt deer or wild turkey on	35121
the land owned by the trust without a deer or wild turkey permit.	35122
The tenant and children of the tenant may hunt deer or wild turkey	35123
on lands where they reside without a deer or wild turkey permit.	35124

(B) A deer or wild turkey permit is not transferable. No	35125
person shall carry a deer or wild turkey permit issued in the name	35126
of another person.	35127

(C) The wildlife refunds fund is hereby created in the state	35128
treasury. The fund shall consist of money received from	35129
application fees for deer permits that are not issued. Money in	35130
the fund shall be used to make refunds of such application fees.	35131

(D) If the division establishes a system for the electronic	35132
submission of information regarding deer or wild turkey that are	35133
taken, the division shall allow the owner and the children of the	35134
owner of lands in this state to use the owner's name or address	35135
for purposes of submitting that information electronically via	35136
that system.	35137

Sec. 1533.111. Except as provided in this section or	35138
division (A)(2) of section 1533.12 of the Revised Code, no person	35139
shall hunt or trap fur-bearing animals on land of another without	35140
first obtaining some type of an annual fur taker permit. Each	35141
applicant for a fur taker permit or an apprentice fur taker permit	35142
shall pay an annual fee of fourteen dollars for the permit, except	35143
as otherwise provided in this section or unless the rules adopted	35144
under division (B) of section 1533.12 of the Revised Code provide	35145
for issuance of a fur taker permit to the applicant free of	35146
charge. Except as provided in rules adopted under division (B)(2)	35147
of that section, each applicant who is a resident of this state	35148
and who at the time of application is sixty-six years of age or	35149
older shall procure a special senior fur taker permit, the fee for	35150
which shall be one-half of the regular fur taker permit fee. Each	35151
applicant under the age of eighteen years shall procure a special	35152
youth fur taker permit or an apprentice youth fur taker permit,	35153
the fee for which shall be one-half of the regular fur taker	35154
permit fee. Each type of fur taker permit shall run concurrently	35155
with the hunting license. The money received shall be paid into	35156
the state treasury to the credit of the fund established in	35157
section 1533.15 of the Revised Code. Apprentice fur taker permits	35158
and apprentice youth fur taker permits are subject to the	35159
requirements established under section 1533.102 of the Revised	35160
Code and rules adopted pursuant to it.	35161

No fur taker permit shall be issued unless it is accompanied	35162
by a written explanation of the law in section 1533.17 of the	35163
Revised Code and the penalty for its violation, including a	35164
description of terms of imprisonment and fines that may be	35165
imposed.	35166

No fur taker permit, other than an apprentice fur taker	35167
permit or an apprentice youth fur taker permit, shall be issued	35168
unless the applicant presents to the agent authorized to issue a	35169
fur taker permit a previously held hunting license or trapping or	35170
fur taker permit or evidence of having held such a license or	35171
permit in content and manner approved by the chief of the division	35172
of wildlife, a certificate of completion issued upon completion of	35173
a trapper education course approved by the chief, or evidence of	35174
equivalent training in content and manner approved by the chief. A	35175
previously held apprentice hunting license, apprentice fur taker	35176
permit, or apprentice youth fur taker permit does not satisfy the	35177
requirement concerning the presentation of a previously held	35178
hunting license or fur taker permit or evidence of such a license	35179
or permit.	35180

No person shall issue a fur taker permit, other than an	35181
apprentice fur taker permit or an apprentice youth fur taker	35182
permit, to any person who fails to present the evidence required	35183
by this section. No person shall purchase or obtain a fur taker	35184
permit, other than an apprentice fur taker permit or an apprentice	35185
youth fur taker permit, without presenting to the issuing agent	35186
the evidence required by this section. Issuance of a fur taker	35187
permit in violation of the requirements of this section is an	35188
offense by both the purchaser of the illegally obtained permit and	35189
the clerk or agent who issued the permit. Any fur taker permit	35190
issued in violation of this section is void.	35191

The chief, with approval of the wildlife council, shall adopt	35192
rules prescribing a trapper education course for first-time fur	35193
taker permit buyers, other than buyers of apprentice fur taker	35194
permits or apprentice youth fur taker permits, and for volunteer	35195
instructors. The course shall consist of subjects that include,	35196
but are not limited to, trapping techniques, animal habits and	35197
identification, trapping tradition and ethics, the trapper and	35198
conservation, the law in section 1533.17 of the Revised Code along	35199
with the penalty for its violation, including a description of	35200
terms of imprisonment and fines that may be imposed, and other law	35201
relating to trapping. Authorized personnel of the division of	35202
wildlife or volunteer instructors approved by the chief shall	35203
conduct the courses with such frequency and at such locations	35204
throughout the state as to reasonably meet the needs of permit	35205
applicants. The chief shall issue a certificate of completion to	35206
each person who successfully completes the course and passes an	35207
examination prescribed by the chief.	35208

Every person, while hunting or trapping fur-bearing animals	35209
on lands of another, shall carry the person's fur taker permit	35210
with the person's signature written on the permit. Failure to	35211
carry such a signed permit constitutes an offense under this	35212
section. The chief shall adopt any additional rules the chief	35213
considers necessary to carry out this section.	35214

~~The~~An owner who is a resident of this state and the children	35215
of the owner of lands in this state may hunt or trap fur-bearing	35216
animals thereon without a fur taker permit. If the owner of land	35217
in this state is a limited liability company or a limited	35218
liability partnership that consists of three or fewer individual	35219
members or partners, as applicable, an individual member or	35220
partner who is a resident of this state and the member's or	35221
partner's children of any age may hunt or trap fur-bearing animals	35222
on the land owned by the limited liability company or limited	35223
liability partnership without a fur taker permit. In addition, if	35224
the owner of land in this state is a trust that has a total of	35225
three or fewer trustees and beneficiaries, an individual who is a	35226
trustee or beneficiary and who is a resident of this state and the	35227
individual's children of any age may hunt or trap fur-bearing	35228
animals on the land owned by the trust without a fur taker permit.	35229
The tenant and children of the tenant may hunt or trap fur-bearing	35230
animals on lands where they reside without a fur taker permit.	35231

A fur taker permit is not transferable. No person shall carry	35232
a fur taker permit issued in the name of another person.	35233

A fur taker permit entitles a nonresident to take from this	35234
state fur-bearing animals taken and possessed by the nonresident	35235
as provided by law or division rule.	35236

Sec. 1533.32. Except as provided in this section or division	35237
(A)(2) or (C) of section 1533.12 of the Revised Code, no person,	35238
including nonresidents, shall take or catch any fish by angling in	35239
any of the waters in the state or engage in fishing in those	35240
waters without a license. No person shall take or catch frogs or	35241
turtles without a valid fishing license, except as provided in	35242
this section. Persons fishing in privately owned ponds, lakes, or	35243
reservoirs to or from which fish are not accustomed to migrate are	35244
exempt from the license requirements set forth in this section.	35245
Persons fishing in privately owned ponds, lakes, or reservoirs	35246
that are open to public fishing through an agreement or lease with	35247
the division of wildlife shall comply with the license	35248
requirements set forth in this section.	35249

The fee for an annual license shall be thirty-nine dollars	35250
for a resident of a state that is not a party to an agreement	35251
under section 1533.91 of the Revised Code. The fee for an annual	35252
license shall be eighteen dollars for a resident of a state that	35253
is a party to such an agreement. The fee for an annual license for	35254
residents of this state shall be eighteen dollars unless the rules	35255
adopted under division (B) of section 1533.12 of the Revised Code	35256
provide for issuance of a resident fishing license to the	35257
applicant free of charge. Except as provided in rules adopted	35258
under division (B)(2) of that section, each applicant who is a	35259
resident of this state and who at the time of application is	35260
sixty-six years of age or older shall procure a special senior	35261
fishing license, the fee for which shall be one-half of the annual	35262
resident fishing license fee.	35263

Any person under the age of sixteen years may take or catch	35264
frogs and turtles and take or catch fish by angling without a	35265
license.	35266

The chief of the division of wildlife may issue a tourist's	35267
license expiring three days from the effective date of the license	35268
to a resident of a state that is not a party to an agreement under	35269
section 1533.91 of the Revised Code. The fee for a tourist's	35270
license shall be eighteen dollars.	35271

The chief shall adopt rules under section 1531.10 of the	35272
Revised Code providing for the issuance of a one-day fishing	35273
license to a resident of this state or of any other state. The fee	35274
for such a license shall be fifty-five per cent of the amount	35275
established under this section for a tourist's license, rounded up	35276
to the nearest whole dollar. A one-day fishing license shall allow	35277
the holder to take or catch fish by angling in the waters in the	35278
state, engage in fishing in those waters, or take or catch frogs	35279
or turtles in those waters for one day without obtaining an annual	35280
license or a tourist's license under this section. At the request	35281
of a holder of a one-day fishing license who wishes to obtain an	35282
annual license, a clerk or agent authorized to issue licenses	35283
under section 1533.13 of the Revised Code, not later than the last	35284
day on which the one-day license would be valid if it were an	35285
annual license, shall credit the amount of the fee paid for the	35286
one-day license toward the fee charged for the annual license if	35287
so authorized by the chief. The clerk or agent shall issue the	35288
annual license upon presentation of the one-day license and	35289
payment of a fee in an amount equal to the difference between the	35290
fee for the annual license and the fee for the one-day license.	35291

Unless otherwise provided by division rule, each annual	35292
license shall begin on the first day of March of the current year	35293
and expire on the last day of February of the following year.	35294

No person shall alter a fishing license or possess a fishing	35295
license that has been altered.	35296

No person shall procure or attempt to procure a fishing	35297
license by fraud, deceit, misrepresentation, or any false	35298
statement.	35299

~~Owners of~~A resident of this state who owns land over,	35300
through, upon, or along which any water flows or stands, except	35301
where the land is in or borders on state parks or state-owned	35302
lakes, together with the members of the immediate families of such	35303
owners, may take frogs and turtles and may take or catch fish of	35304
the kind permitted to be taken or caught therefrom without	35305
procuring a license provided for in this section. This exemption	35306
extends to tenants actually residing upon such lands and to the	35307
members of the immediate families of the tenants. If the owner of	35308
such land in this state is a limited liability company or a	35309
limited liability partnership that consists of three or fewer	35310
individual members or partners, as applicable, an individual	35311
member or partner who is a resident of this state and the member's	35312
or partner's children of any age may take frogs and turtles and	35313
may take or catch fish of the kind permitted to be taken or caught	35314
therefrom without procuring a license provided for in this	35315
section. In addition, if the owner of such land in this state is a	35316
trust that has a total of three or fewer trustees and	35317
beneficiaries, an individual who is a trustee or beneficiary and	35318
who is a resident of this state and the individual's children of	35319
any age may take frogs and turtles and may take or catch fish of	35320
the kind permitted to be taken or caught therefrom without	35321
procuring a license provided for in this section. Residents of	35322
state or county institutions, charitable institutions, and	35323
military homes in this state may take frogs and turtles without	35324
procuring the required license, provided that a member of the	35325
institution or home has an identification card, which shall be	35326
carried on that person when fishing.	35327

Every fisher required to be licensed, while fishing or taking	35328
or attempting to take frogs or turtles, shall carry the license	35329
and exhibit it to any person. Failure to so carry and exhibit the	35330
license constitutes an offense under this section.	35331

Sec. 1533.731. (A) No wild animal hunting preserve shall be	35332
less than eighty acres in area. Each such preserve shall be in one	35333
continuous block of land, except that the block of land may be	35334
intersected by highways or roads. No wild animal hunting preserve	35335
shall be located within ~~three~~one thousand five hundred feet of	35336
another such preserve or of a commercial bird shooting preserve	35337
licensed under section 1533.72 of the Revised Code.	35338

The boundaries of each wild animal hunting preserve shall be	35339
clearly defined by posting, at intervals of not more than ~~two~~four	35340
hundred feet, with signs prescribed by the division of wildlife.	35341
Each wild animal hunting preserve shall be surrounded by a fence	35342
at least six feet in height that is constructed of a woven wire	35343
mesh, or such other enclosure approved by the chief of the	35344
division of wildlife.	35345

(B)(1) Except as provided in divisions (B)(2) and (3) of this	35346
section, game and nonnative wildlife that have been approved by	35347
the chief for such use, that have been legally acquired or	35348
propagated under the authority of a propagating license issued	35349
under section 1533.71 of the Revised Code, and that are marked and	35350
tagged as provided in division (C) of this section may be released	35351
and hunted within the confines of the licensed wild animal hunting	35352
preserve between sunrise and sunset, without regard to sex, bag	35353
limit, or open season, by licensed hunters authorized by the	35354
holder of the wild animal hunting preserve license to hunt on	35355
those lands. The chief shall establish, by rule, the allowable	35356
methods of taking game and nonnative wildlife in a wild animal	35357
hunting preserve.	35358

(2) No game or nonnative wildlife on the federal endangered	35359
species list established in accordance with the "Endangered	35360
Species Act of 1973," 87 Stat. 884, 16 U.S.C.A. 1531, as amended,	35361
or the state endangered species list established in rules adopted	35362
under section 1531.25 of the Revised Code, no bears native to	35363
North America, and no large carnivores of the family Felidae shall	35364
be released for hunting or hunted in any wild animal hunting	35365
preserve in this state.	35366

(3) No person shall release for hunting or hunt within a wild	35367
animal hunting preserve any game or nonnative wildlife not listed	35368
in the application for a license for that preserve.	35369

(C) All game and nonnative wildlife released on a wild animal	35370
hunting preserve shall be identified with a tag that shall bear	35371
upon it a symbol identifying the preserve.	35372

(D) For the purposes of division (B) of section 1533.02 of	35373
the Revised Code, the owner or operator of a wild animal hunting	35374
preserve shall furnish each person who takes any game or nonnative	35375
wildlife from the preserve a certificate bearing a description of	35376
the animal, the date the animal was taken, and the name of the	35377
preserve.	35378

(E) The chief shall adopt rules under section 1531.10 of the	35379
Revised Code that provide for the safety of the public and for the	35380
protection of the game and nonnative wildlife to be hunted in a	35381
wild animal hunting preserve prior to their release in the	35382
preserve.	35383

(F) No holder of a wild animal hunting preserve license shall	35384
violate Chapter 1531. or this chapter of the Revised Code or any	35385
division rule.	35386

(G) This section does not authorize the hunting of game birds	35387
in a licensed wild animal hunting preserve.	35388

Sec. 1533.83. As used in sections 1533.83 to 1533.85 of the	35389
Revised Code:	35390

(A) "Political subdivision" means a municipal corporation,	35391
township, county, or other body corporate and politic responsible	35392
for governmental activities in a geographic area smaller than that	35393
of the state.	35394

(B) "Shooting range" means a facility operated for the	35395
purpose of shooting with firearms or archery equipment, whether	35396
publicly or privately owned and whether or not operated for	35397
profit, including, but not limited to, commercial bird shooting	35398
preserves and wild animal hunting preserves established pursuant	35399
to this chapter. "Shooting range" does not include a facility	35400
owned or operated by a municipal corporation, county, or township	35401
police district, or joint police district.	35402

(C) "Harm" means injury, death, or loss to person or	35403
property.	35404

(D) "The chief's noise rules" means the rules of the chief of	35405
the division of wildlife that are adopted pursuant to section	35406
1533.84 of the Revised Code and that pertain to the limitation or	35407
suppression of noise at a shooting range or to the hours of	35408
operation of shooting ranges.	35409

(E) "The chief's public safety rules" means the rules of the	35410
chief of the division of wildlife that are adopted pursuant to	35411
section 1533.84 of the Revised Code and that pertain to public	35412
safety, including standards for the reconstruction, enlargement,	35413
remodeling, or repair of any structure or facility that is part of	35414
a shooting range.	35415

Sec. 1541.05. (A) The chief of the division of parks and	35416
recreation, with the approval of the director of natural	35417
resources, may dispose of any of the following by sale, donation,	35418
trade, trade-in, recycling, or any other lawful means, in a manner	35419
that will benefit the division:	35420

(1) Standing timber that as a result of wind, storm,	35421
pestilence, or any other natural occurrence may present a hazard	35422
to life or property, timber that has weakened or fallen on lands	35423
under the control and management of the division, or any timber or	35424
other forest products that ~~requires~~require management to improve	35425
wildlife habitat, protect against wildfires, provide access to	35426
recreational facilities, implement sustainable forestry practices,	35427
or improve the safety, quality, or appearance of any state park	35428
area;	35429

(2) Spoils of a dredging operation conducted by the division	35430
in waters under the control and management of the division. Prior	35431
to the disposition of any spoils under this division, the chief	35432
shall notify the director of environmental protection of the	35433
chief's intent so that the director may determine if the spoils	35434
constitute solid wastes or hazardous waste, as those terms are	35435
defined in section 3734.01 of the Revised Code, that must be	35436
disposed of in accordance with Chapter 3734. of the Revised Code.	35437
If the director does not notify the chief within thirty days after	35438
receiving notice of the disposition that the spoils must be	35439
disposed of in accordance with Chapter 3734. of the Revised Code,	35440
the chief may proceed with the disposition.	35441

(3) Notwithstanding sections 125.12 to 125.14 of the Revised	35442
Code, excess supplies and surplus supplies, as those terms are	35443
defined in section 125.12 of the Revised Code;	35444

(4) Agricultural products that are grown or raised by the	35445
division. As used in this division, "agricultural products"	35446
includes products of apiculture, animal husbandry, or poultry	35447
husbandry, field crops, fruits, and vegetables.	35448

(5) Abandoned personal property, including golf balls that	35449
are found on property under the control and management of the	35450
division.	35451

(B) In accordance with Chapter 119. of the Revised Code, the	35452
chief shall adopt, and may amend and rescind, such rules as are	35453
necessary to administer this section.	35454

(C) ~~Proceeds~~Except as provided in division (D) of this	35455
section, proceeds from the disposition of items under this section	35456
shall be deposited in the state treasury to the credit of the	35457
state park fund created in section 1541.22 of the Revised Code.	35458

(D) The chief of the division of parks and recreation may	35459
enter into a memorandum of understanding with the chief of the	35460
division of forestry to allow the division of forestry to	35461
administer the sale of timber and forest products on lands that	35462
are owned or controlled by the division of parks and recreation.	35463
Proceeds from the sale of timber or forest products pursuant to	35464
the memorandum of understanding shall be apportioned as follows:	35465

(1) Seventy-five per cent of the proceeds shall be deposited	35466
in the state treasury to the credit of the state park fund.	35467

(2) Twenty-five per cent of the proceeds shall be deposited	35468
in the state treasury to the credit of the state forest fund	35469
created in section 1503.05 of the Revised Code.	35470

Sec. 1545.071. The following applies until the department of	35471
administrative services implements for park districts the health	35472
care plans under section 9.901 of the Revised Code. If those plans	35473
do not include or address any benefits listed in this section, the	35474
following provisions continue in effect for those benefits.	35475

The board of park commissioners of any park district may	35476
procure and pay all or any part of the cost of group insurance	35477
policies that may provide benefits for hospitalization, surgical	35478
care, major medical care, disability, dental care, eye care,	35479
medical care, hearing aids, or prescription drugs, or sickness and	35480
accident insurance or a combination of any of the foregoing types	35481
of insurance or coverage for park district officers and employees	35482
and their immediate dependents issued by an insurance company duly	35483
authorized to do business in this state.	35484

The board may procure and pay all or any part of the cost of	35485
group life insurance to insure the lives of park district	35486
employees.	35487

The board also may contract for group health care services	35488
with health insuring corporations holding a certificate of	35489
authority under Chapter 1751. of the Revised Code provided that	35490
each officer or employee is permitted to:	35491

(A) Choose between a plan offered by an insurance company and	35492
a plan offered by a health insuring corporation and provided	35493
further that the officer or employee pays any amount by which the	35494
cost of the plan chosen by the officer or employee exceeds the	35495
cost of the plan offered by the board under this section;	35496

(B) Change the choice made under division (A) of this section	35497
at a time each year as determined in advance by the board.	35498

Any appointed member of the board of park commissioners and	35499
the spouse and dependent children of the member may be covered, at	35500
the option and expense of the member, as a noncompensated employee	35501
of the park district under any benefit plan described in division	35502
(A) of this section. The member shall pay to the park district the	35503
amount certified to it by the benefit provider as the provider's	35504
charge for the coverage the member has chosen under division (A)	35505
of this section. Payments for coverage shall be made, in advance,	35506
in a manner prescribed by the board. The member's exercise of an	35507
option to be covered under this section shall be in writing,	35508
announced at a regular public meeting of the board, and recorded	35509
as a public record in the minutes of the board.	35510

The board may provide the benefits authorized in this section	35511
by contributing to a health and welfare trust fund administered	35512
through or in conjunction with a collective bargaining	35513
representative of the park district employees.	35514

The board may provide the benefits described in this section	35515
through an individual self-insurance program or a joint	35516
self-insurance program as provided in section 9.833 of the Revised	35517
Code.	35518

Sec. 1545.09. (A) The board of park commissioners shall adopt	35519
such bylaws and rules as the board considers advisable for the	35520
preservation of good order within and adjacent to parks and	35521
reservations of land, and for the protection and preservation of	35522
the parks, parkways, and other reservations of land under its	35523
jurisdiction and control and of property and natural life therein.	35524
The board shall also adopt bylaws or rules establishing a	35525
procedure for contracting for professional, technical, consulting,	35526
and other special services. Any competitive bidding procedures of	35527
the board do not apply to the purchase of benefits for park	35528
district officers or employees when such benefits are provided	35529
through a health and welfare trust fund administered through or in	35530
conjunction with a collective bargaining representative of the	35531
park district employees, as authorized in section 1545.071 of the	35532
Revised Code. ~~The~~Summaries of the bylaws and rules shall be	35533
published as provided in the case of ordinances of municipal	35534
corporations under section 731.21 of the Revised Code before	35535
taking effect.	35536

(B)(1) As used in division (B)(2) of this section, "similar	35537
violation under state law" means a violation of any section of the	35538
Revised Code, other than division (C) of this section, that is	35539
similar to a violation of a bylaw or rule adopted under division	35540
(A) of this section.	35541

(2) The board of park commissioners may adopt by bylaw a	35542
penalty for a violation of any bylaw or rule adopted under	35543
division (A) of this section, and any penalty so adopted shall not	35544
exceed in severity whichever of the following is applicable:	35545

(a) The penalty designated under the Revised Code for a	35546
violation of the state law that is similar to the bylaw or rule	35547
for which the board adopted the penalty;	35548

(b) For a violation of a bylaw or rule adopted under division	35549
(A) of this section for which the similar violation under state	35550
law does not bear a penalty or for which there is no similar	35551
violation under state law, a fine of not more than one hundred	35552
fifty dollars for a first offense and not more than one thousand	35553
dollars for each subsequent offense.	35554

(3) ~~Any~~A summary of any bylaw adopted under division (B)(2)	35555
of this section shall be published as provided in the case of	35556
ordinances of municipal corporations under section 731.21 of the	35557
Revised Code before taking effect.	35558

(C) No person shall violate any bylaws or rules adopted under	35559
division (A) of this section. All fines collected for any	35560
violation of this section shall be paid into the treasury of such	35561
park board.	35562

Sec. 1545.12. (A) Except as provided in division (B) of this	35563
section, if the board of park commissioners finds that any lands	35564
that it has acquired are not necessary for the purposes for which	35565
they were acquired by the board, it may sell and dispose of the	35566
lands upon terms the board considers advisable. The board also may	35567
lease or permit the use of any lands for purposes not inconsistent	35568
with the purposes for which the lands were acquired, and upon	35569
terms the board considers advisable. No lands shall be sold	35570
pursuant to this division without first giving notice of the	35571
board's intention to sell the lands by publication once a week for	35572
four consecutive weeks in ~~not less than two English newspapers~~a	35573
newspaper of general circulation in the district or as provided in	35574
section 7.16 of the Revised Code. The notice shall contain an	35575
accurate description of the lands and shall state the time and	35576
place at which sealed bids will be received for the purchase of	35577
the lands, and the lands shall not thereafter be sold at private	35578
sale for less than the best and highest bid received without	35579
giving further notice as specified in this division.	35580

(B)(1) After compliance with division (B)(2) of this section,	35581
the board of park commissioners may sell land upon terms the board	35582
considers advisable to any park district established under section	35583
511.18 or Chapter 1545. of the Revised Code, any political	35584
subdivision of the state, the state or any department or agency of	35585
the state, or any department or agency of the federal government	35586
for conservation uses or for park or recreation purposes without	35587
the necessity of having to comply with division (A) of this	35588
section.	35589

(2) Before the board of park commissioners may sell land	35590
under division (B)(1) of this section, the board shall offer the	35591
land for sale to each of the following public agencies that is	35592
authorized to acquire, develop, and maintain land for conservation	35593
uses or for park or recreation purposes: each park district	35594
established under section 511.18 or Chapter 1545. of the Revised	35595
Code or political subdivision in which the land is located, each	35596
park district that is so established and that adjoins or each	35597
political subdivision that adjoins a park district so established	35598
or political subdivision in which the land is located, and each	35599
agency or department of the state or of the federal government	35600
that operates parks or conservation or recreation areas near the	35601
land. The board shall make the offer by giving a written notice	35602
that the land is available for sale, by first class mail, to these	35603
public agencies. A failure of delivery of the written notice to	35604
any of these public agencies does not invalidate any proceedings	35605
for the sale of land under this division. Any public agency that	35606
is so notified and that wishes to purchase the land shall make an	35607
offer to the board in writing not later than sixty days after	35608
receiving the written notice.	35609

If there is only one offer to purchase the land made in that	35610
sixty-day period, the board need not hold a public hearing on the	35611
offer. The board shall accept the offer only if it determines that	35612
acceptance of the offer will result in the best public use of the	35613
land.	35614

If there is more than one offer to purchase the land made in	35615
that sixty-day period, the board shall not accept any offer until	35616
the board holds a public hearing on the offers. If, after the	35617
hearing, the board decides to accept an offer, it shall accept the	35618
offer that it determines will result in the best public use of the	35619
land.	35620

(C) No lands shall be sold under this section at either	35621
public or private sale without the approval of the probate court	35622
of the county in which the lands are situated.	35623

Sec. 1545.131. The board of park commissioners of a park	35624
district may enter into contracts with one or more townships,	35625
township police districts, joint police districts, municipal	35626
corporations, or county sheriffs of this state, with one or more	35627
township park districts created pursuant to section 511.18 of the	35628
Revised Code or other park districts, with one or more state	35629
universities or colleges, as defined in section 3345.12 of the	35630
Revised Code, or with a contiguous political subdivision of an	35631
adjoining state, and a township, township police district, joint	35632
police district, municipal corporation, county sheriff, township	35633
park district, other park district, or state university or college	35634
may enter into a contract with a park district upon any terms that	35635
are agreed to by them, to allow the use of the park district	35636
police or law enforcement officers designated under section	35637
1545.13 of the Revised Code to perform any police function,	35638
exercise any police power, or render any police service on behalf	35639
of the contracting entity that the entity may perform, exercise,	35640
or render.	35641

Chapter 2744. of the Revised Code, insofar as it applies to	35642
the operation of police departments, applies to the contracting	35643
entities and to the members of the police force or law enforcement	35644
department when they are rendering service outside their own	35645
subdivisions pursuant to that contract.	35646

Members of the police force or law enforcement department	35647
acting outside the political subdivision in which they are	35648
employed, pursuant to that contract, shall be entitled to	35649
participate in any indemnity fund established by their employer to	35650
the same extent as while acting within the employing subdivision.	35651
Those members shall be entitled to all the rights and benefits of	35652
Chapter 4123. of the Revised Code, to the same extent as while	35653
performing service within the subdivision.	35654

The contracts entered into pursuant to this section may	35655
provide for the following:	35656

(A) A fixed annual charge to be paid at the times agreed upon	35657
and stipulated in the contract;	35658

(B) Compensation based upon the following:

35659

(1) A stipulated price for each call or emergency;

35660

(2) The number of members or pieces of equipment employed;

35661

(3) The elapsed time of service required in each call or	35662
emergency.	35663

(C) Compensation for loss or damage to equipment while	35664
engaged in rendering police services outside the limits of the	35665
subdivision that owns and furnishes the equipment;	35666

(D) Reimbursement of the subdivision in which the police	35667
force or law enforcement department members are employed for any	35668
indemnity award or premium contribution assessed against the	35669
employing subdivision for workers' compensation benefits for	35670
injuries or death of its police force or law enforcement	35671
department members occurring while engaged in rendering police	35672
services pursuant to the contract.	35673

Sec. 1545.132. The police force or law enforcement	35674
department of any park district may provide police protection to	35675
any county, municipal corporation, township, or township police	35676
district, or joint police district of this state, to any other	35677
park district or any township park district created pursuant to	35678
section 511.18 of the Revised Code, or to a governmental entity of	35679
an adjoining state without a contract to provide police	35680
protection, upon the approval, by resolution, of the board of park	35681
commissioners of the park district in which the police force or	35682
law enforcement department is located and upon authorization by an	35683
officer or employee of the police force or department providing	35684
the police protection who is designated by title of office or	35685
position, pursuant to the resolution of the board of park	35686
commissioners, to give the authorization.	35687

Chapter 2744. of the Revised Code, insofar as it applies to	35688
the operation of police departments, shall apply to any park	35689
district and to members of its police force or law enforcement	35690
department when those members are rendering police services	35691
pursuant to this section outside the park district by which they	35692
are employed.	35693

Police force or law enforcement department members acting, as	35694
provided in this section, outside the park district by which they	35695
are employed shall be entitled to participate in any pension or	35696
indemnity fund established by their employer to the same extent as	35697
while acting within the park district by which they are employed.	35698
Those members shall be entitled to all rights and benefits of	35699
Chapter 4123. of the Revised Code to the same extent as while	35700
performing services within the park district by which they are	35701
employed.	35702

Sec. 1547.30. (A) As used in this section and sections	35703
1547.301, 1547.302, and 1547.304 of the Revised Code:	35704

(1) "Vessel or outboard motor" excludes an abandoned junk	35705
vessel or outboard motor, as defined in section 1547.303 of the	35706
Revised Code, or any watercraft or outboard motor under section	35707
4585.31 of the Revised Code.	35708

(2) "Law enforcement agency" means any organization or unit	35709
comprised of law enforcement officers, as defined in section	35710
2901.01 of the Revised Code.	35711

(B)(1) The sheriff of a county, chief of police of a	35712
municipal corporation, township, or township police district, or	35713
joint police district, or other chief of a law enforcement agency,	35714
within the sheriff's or chief's respective territorial	35715
jurisdiction, upon complaint of any person adversely affected, may	35716
order into storage any vessel or outboard motor that has been left	35717
on private property, other than a private dock or mooring facility	35718
or structure, for at least seventy-two hours without the	35719
permission of the person having the right to the possession of the	35720
property. The sheriff or chief, upon complaint of the owner of a	35721
marine repair facility or place of storage, may order into storage	35722
any vessel or outboard motor that has been left at the facility or	35723
place of storage for a longer period than that agreed upon. The	35724
place of storage shall be designated by the sheriff or chief. When	35725
ordering a vessel or motor into storage under division (B)(1) of	35726
this section, a sheriff or chief, whenever possible, shall arrange	35727
for the removal of the vessel or motor by a private tow truck	35728
operator or towing company.	35729

(2)(a) Except as provided in division (B)(2)(d) of this	35730
section, no person, without the consent of the owner or other	35731
person authorized to give consent, shall moor, anchor, or tie a	35732
vessel or outboard motor at a private dock or mooring facility or	35733
structure owned by another person if the owner has posted, in a	35734
conspicuous manner, a prohibition against the mooring, anchoring,	35735
or tying of vessels or outboard motors at the dock, facility, or	35736
structure by any person not having the consent of the owner or	35737
other person authorized to give consent.	35738

(b) If the owner of a private dock or mooring facility or	35739
structure has posted at the dock, facility, or structure, in a	35740
conspicuous manner, conditions and regulations under which the	35741
mooring, anchoring, or tying of vessels or outboard motors is	35742
permitted at the dock, facility, or structure, no person, except	35743
as provided in division (B)(2)(d) of this section, shall moor,	35744
anchor, or tie a vessel or outboard motor at the dock, facility,	35745
or structure in violation of the posted conditions and	35746
regulations.	35747

(c) The owner of a private dock or mooring facility or	35748
structure may order towed into storage any vessel or outboard	35749
motor found moored, anchored, or tied in violation of division	35750
(B)(2)(a) or (b) of this section, provided that the owner of the	35751
dock, facility, or structure posts on it a sign that states that	35752
the dock, facility, or structure is private, is visible from all	35753
entrances to the dock, facility, or structure, and contains all of	35754
the following information:	35755

(i) The information specified in division (B)(2)(a) or (b) of	35756
this section, as applicable;	35757

(ii) A notice that violators will be towed and that violators	35758
are responsible for paying the cost of the towing;	35759

(iii) The telephone number of the person from whom a towed	35760
vessel or outboard motor may be recovered, and the address of the	35761
place to which the vessel or outboard motor will be taken and the	35762
place from which it may be recovered.	35763

(d) Divisions (B)(2)(a) and (b) of this section do not	35764
prohibit a person from mooring, anchoring, or tying a vessel or	35765
outboard motor at a private dock or mooring facility or structure	35766
if either of the following applies:	35767

(i) The vessel or outboard motor is disabled due to a	35768
mechanical or structural malfunction, provided that the person	35769
immediately removes the vessel or outboard motor from the dock,	35770
facility, or structure when the malfunction is corrected or when a	35771
reasonable attempt has been made to correct it;	35772

(ii) Weather conditions are creating an imminent threat to	35773
safe operation of the vessel or outboard motor, provided that the	35774
person immediately removes the vessel or outboard motor from the	35775
dock, facility, or structure when the weather conditions permit	35776
safe operation of the vessel or outboard motor.	35777

(e) A person whose vessel or outboard motor is towed into	35778
storage under division (B)(2)(c) of this section either shall pay	35779
the costs of the towing of the vessel or outboard motor or shall	35780
reimburse the owner of the dock or mooring facility or structure	35781
for the costs that the owner incurs in towing the vessel or	35782
outboard motor.	35783

(3) Subject to division (C) of this section, the owner of a	35784
vessel or motor that has been removed under division (B) of this	35785
section may recover the vessel or motor only in accordance with	35786
division (F) of this section.	35787

(C) If the owner or operator of a vessel or outboard motor	35788
that has been ordered into storage under division (B) of this	35789
section arrives after the vessel or motor has been prepared for	35790
removal, but prior to its actual removal from the property, the	35791
owner or operator shall be given the opportunity to pay a fee of	35792
not more than one-half of the charge for the removal of vessels or	35793
motors under division (B) of this section that normally is	35794
assessed by the person who has prepared the vessel or motor for	35795
removal, in order to obtain release of the vessel or motor. Upon	35796
payment of that fee, the vessel or motor shall be released to the	35797
owner or operator, and upon its release, the owner or operator	35798
immediately shall move it so that it is not on the private	35799
property without the permission of the person having the right to	35800
possession of the property, or is not at the facility or place of	35801
storage without the permission of the owner, whichever is	35802
applicable.	35803

(D) Each county sheriff, each chief of police of a municipal	35804
corporation, township, or township police district, or joint	35805
police district, and each other chief of a law enforcement agency	35806
shall maintain a record of vessels or outboard motors that are	35807
ordered into storage under division (B)(1) of this section. The	35808
record shall include an entry for each such vessel or motor that	35809
identifies the vessel's hull identification number or serial	35810
number, if any, the vessel's or motor's make, model, and color,	35811
the location from which it was removed, the date and time of its	35812
removal, the telephone number of the person from whom it may be	35813
recovered, and the address of the place to which it has been taken	35814
and from which it may be recovered. Any information in the record	35815
that pertains to a particular vessel or motor shall be provided to	35816
any person who, pursuant to a statement the person makes either in	35817
person or by telephone, is identified as the owner or operator of	35818
the vessel or motor and requests information pertaining to its	35819
location.	35820

(E) Any person who registers a complaint that is the basis of	35821
a sheriff's or chief's order for the removal and storage of a	35822
vessel or outboard motor under division (B)(1) of this section	35823
shall provide the identity of the law enforcement agency with	35824
which the complaint was registered to any person who, pursuant to	35825
a statement the person makes, is identified as the owner or	35826
operator of the vessel or motor and requests information	35827
pertaining to its location.	35828

(F)(1) The owner of a vessel or outboard motor that is	35829
ordered into storage under division (B) of this section may	35830
reclaim it upon payment of any expenses or charges incurred in its	35831
removal, in an amount not to exceed two hundred dollars, and	35832
storage, in an amount not to exceed five dollars per	35833
twenty-four-hour period, and upon presentation of proof of	35834
ownership, which may be evidenced by a certificate of title to the	35835
vessel or motor, certificate of United States coast guard	35836
documentation, or certificate of registration if the vessel or	35837
motor is not subject to titling under section 1548.01 of the	35838
Revised Code.	35839

(2) If a vessel or outboard motor that is ordered into	35840
storage under division (B)(1) of this section remains unclaimed by	35841
the owner for thirty days, the procedures established by sections	35842
1547.301 and 1547.302 of the Revised Code shall apply.	35843

(3) If a vessel or outboard motor ordered into storage under	35844
division (B)(2) of this section remains unclaimed for seventy-two	35845
hours after being stored, the tow truck operator or towing company	35846
that removed the vessel or outboard motor shall provide notice of	35847
the removal and storage to the sheriff of a county, chief of	35848
police of a municipal corporation, township, or township police	35849
district, or joint police district, or other chief of a law	35850
enforcement agency within whose territorial jurisdiction the	35851
vessel or outboard motor had been moored, anchored, or tied in	35852
violation of division (B)(2) of this section. The notice shall be	35853
in writing and include the vessel's hull identification number or	35854
serial number, if any, the vessel's or outboard motor's make,	35855
model, and color, the location from which it was removed, the date	35856
and time of its removal, the telephone number of the person from	35857
whom it may be recovered, and the address of the place to which it	35858
has been taken and from which it may be recovered.	35859

Upon receipt of the notice, the sheriff or chief immediately	35860
shall cause a search to be made of the records of the division of	35861
watercraft to ascertain the owner and any lienholder of the vessel	35862
or outboard motor, and, if known, shall send notice to the owner	35863
and lienholder, if any, at the owner's and lienholder's last known	35864
address by certified mail, return receipt requested, that the	35865
vessel or outboard motor will be declared a nuisance and disposed	35866
of if not claimed not later than thirty days after the date of the	35867
mailing of the notice.	35868

If the owner or lienholder makes no claim to the vessel or	35869
outboard motor within thirty days of the date of the mailing of	35870
the notice, the sheriff or chief shall file with the clerk of	35871
courts of the county in which the place of storage is located an	35872
affidavit showing compliance with the requirements of division	35873
(F)(3) of this section, and the vessel or outboard motor shall be	35874
disposed of in accordance with section 1547.302 of the Revised	35875
Code.	35876

(G) No person shall remove, or cause the removal of, any	35877
vessel or outboard motor from private property other than in	35878
accordance with division (B) of this section or section 1547.301	35879
of the Revised Code.	35880

Sec. 1547.301. The sheriff of a county, chief of police of a	35881
municipal corporation, township, or township police district, or	35882
joint police district, or other chief of a law enforcement agency,	35883
within ~~his~~the sheriff's or chief's respective territorial	35884
jurisdiction, or a state highway patrol trooper, upon notification	35885
to the sheriff or chief of such action and of the location of the	35886
place of storage, may order into storage any vessel or outboard	35887
motor that has been left in a sunken, beached, or drifting	35888
condition for any period of time, or in a docked condition, on a	35889
public street or other property open to the public, or upon or	35890
within the right-of-way of any waterway, road, or highway, for	35891
forty-eight hours or longer without notification to the sheriff or	35892
chief of the reasons for leaving the vessel or motor in any such	35893
place or condition. The sheriff or chief shall designate the place	35894
of storage of any vessel or motor ordered removed by ~~him~~the	35895
sheriff or chief.	35896

The sheriff or chief shall immediately cause a search to be	35897
made of the records of the division of watercraft to ascertain the	35898
owner and any lienholder of a vessel or outboard motor ordered	35899
into storage by the sheriff or chief, and, if known, shall send	35900
notice to the owner and lienholder, if any, at ~~his~~the owner's or	35901
lienholder's last known address by certified mail, return receipt	35902
requested, that the vessel or motor will be declared a nuisance	35903
and disposed of if not claimed within ten days of the date of	35904
mailing of the notice. The owner or lienholder of the vessel or	35905
motor may reclaim it upon payment of any expenses or charges	35906
incurred in its removal and storage, and presentation of proof of	35907
ownership, which may be evidenced by a certificate of title to the	35908
vessel or motor, certificate of United States coast guard	35909
documentation, or certificate of registration if the vessel or	35910
motor is not subject to titling under section 1548.01 of the	35911
Revised Code.	35912

If the owner or lienholder makes no claim to the vessel or	35913
outboard motor within ten days of the date of mailing of the	35914
notice, and if the vessel or motor is to be disposed of at public	35915
auction as provided in section 1547.302 of the Revised Code, the	35916
sheriff or chief shall file with the clerk of courts of the county	35917
in which the place of storage is located an affidavit showing	35918
compliance with the requirements of this section. Upon	35919
presentation of the affidavit, the clerk of courts shall without	35920
charge issue a salvage certificate of title, free and clear of all	35921
liens and encumbrances, to the sheriff or chief and shall send a	35922
copy of the affidavit to the chief of the division of watercraft.	35923
If the vessel or motor is to be disposed of to a marine salvage	35924
dealer or other facility as provided in section 1547.302 of the	35925
Revised Code, the sheriff or chief shall execute in triplicate an	35926
affidavit, as prescribed by the chief of the division of	35927
watercraft, describing the vessel or motor and the manner in which	35928
it was disposed of, and that all requirements of this section have	35929
been complied with. The sheriff or chief shall retain the original	35930
of the affidavit for ~~his~~the sheriff's or chief's records and	35931
shall furnish two copies to the marine salvage dealer or other	35932
facility. Upon presentation of a copy of the affidavit by the	35933
marine salvage dealer or other facility, the clerk of courts shall	35934
issue to such owner a salvage certificate of title, free and clear	35935
of all liens and encumbrances.	35936

Whenever the marine salvage dealer or other facility receives	35937
an affidavit for the disposal of a vessel or outboard motor as	35938
provided in this section, such owner shall not be required to	35939
obtain an Ohio certificate of title to the vessel or motor in ~~his~~	35940
the owner's own name if the vessel or motor is dismantled or	35941
destroyed and both copies of the affidavit are delivered to the	35942
clerk of courts. Upon receipt of such an affidavit, the clerk of	35943
courts shall send one copy of it to the chief of the division of	35944
watercraft.	35945

Sec. 1547.302. (A) Unclaimed vessels or outboard motors	35946
ordered into storage under division (B) of section 1547.30 or	35947
section 1547.301 of the Revised Code shall be disposed of at the	35948
order of the sheriff of the county, the chief of police of the	35949
municipal corporation, township, or township police district, or	35950
another chief of a law enforcement agency in any of the following	35951
ways:	35952

(1) To a marine salvage dealer;

35953

(2) To any other facility owned, operated, or under contract	35954
with the state or the county, municipal corporation, township, or	35955
other political subdivision;	35956

(3) To a charitable organization, religious organization, or	35957
similar organization not used and operated for profit;	35958

(4) By sale at public auction by the sheriff, the chief, or	35959
an auctioneer licensed under Chapter 4707. of the Revised Code,	35960
after giving notice of the auction by advertisement, published	35961
once a week for two consecutive weeks in a newspaper of general	35962
circulation in the county or as provided in section 7.16 of the	35963
Revised Code.	35964

(B) Any moneys accruing from the disposition of an unclaimed	35965
vessel or motor that are in excess of the expenses resulting from	35966
the removal and storage of the vessel or motor shall be credited	35967
to the general revenue fund or to the general fund of the county,	35968
municipal corporation, township, or other political subdivision,	35969
as appropriate.	35970

(C) As used in this section, "charitable organization" has	35971
the same meaning as in section 1716.01 of the Revised Code.	35972

Sec. 1547.303. (A) As used in this section and section	35973
1547.304 of the Revised Code:	35974

(1) "Abandoned junk vessel or outboard motor" means any	35975
vessel or outboard motor meeting all of the following	35976
requirements:	35977

(a) It has been left on private property for at least	35978
seventy-two hours without the permission of the person having the	35979
right to the possession of the property; left in a sunken,	35980
beached, or drifting condition for any period of time; or left in	35981
a docked condition, on a public street or other property open to	35982
the public, or upon or within the right-of-way of any waterway,	35983
road, or highway, for forty-eight hours or longer without	35984
notification to the sheriff of the county, the chief of police of	35985
the municipal corporation, township, or township police district,	35986
or joint police district, or other chief of a law enforcement	35987
agency, having territorial jurisdiction with respect to the	35988
location of the vessel or motor, of the reasons for leaving the	35989
vessel or motor in any such place or condition;	35990

(b) It is three years old, or older;

35991

(c) It is extensively damaged, such damage including but not	35992
limited to any of the following: missing deck, hull, transom,	35993
gunwales, motor, or outdrive;	35994

(d) It is apparently inoperable;

35995

(e) It has a fair market value of two hundred dollars or	35996
less.	35997

(2) "Law enforcement agency" means any organization or unit	35998
comprised of law enforcement officers, as defined in section	35999
2901.01 of the Revised Code.	36000

(B) The sheriff of a county, chief of police of a municipal	36001
corporation, township, or township police district, or joint	36002
police district, or other chief of a law enforcement agency,	36003
within the sheriff's or chief's respective territorial	36004
jurisdiction, or a state highway patrol trooper, upon notification	36005
to the sheriff or chief of such action, shall order any abandoned	36006
junk vessel or outboard motor to be photographed by a law	36007
enforcement officer. The officer shall record the make of vessel	36008
or motor, the hull identification number or serial number when	36009
available, and shall also detail the damage or missing equipment	36010
to substantiate the value of two hundred dollars or less. The	36011
sheriff or chief shall thereupon immediately dispose of the	36012
abandoned junk vessel or outboard motor to a marine salvage dealer	36013
or other facility owned, operated, or under contract to the state,	36014
the county, township, or municipal corporation for the destruction	36015
of such vessels or motors. The records and photographs relating to	36016
the abandoned junk vessel or outboard motor shall be retained by	36017
the law enforcement agency ordering the disposition of the vessel	36018
or motor for a period of at least two years. The law enforcement	36019
agency shall execute in quadruplicate an affidavit, as prescribed	36020
by the chief of the division of watercraft, describing the vessel	36021
or motor and the manner in which it was disposed of, and that all	36022
requirements of this section have been complied with, and shall	36023
sign and file the same with the clerk of courts of the county in	36024
which the vessel or motor was abandoned. The clerk of courts shall	36025
retain the original of the affidavit for the clerk's files, shall	36026
furnish one copy thereof to the chief of the division of	36027
watercraft, one copy to the marine salvage dealer or other	36028
facility handling the disposal of the vessel or motor, and one	36029
copy to the law enforcement agency ordering the disposal, who	36030
shall file such copy with the records and photographs relating to	36031
the disposal. Any moneys arising from the disposal of an abandoned	36032
junk vessel or outboard motor shall be credited to the general	36033
revenue fund, or to the general fund of the county, township,	36034
municipal corporation, or other political subdivision, as	36035
appropriate.	36036

Notwithstanding section 1547.301 of the Revised Code, any	36037
vessel or outboard motor meeting the requirements of divisions	36038
(A)(1)(c) to (e) of this section which has remained unclaimed by	36039
the owner or lienholder for a period of ten days or longer	36040
following notification as provided in section 1547.301 of the	36041
Revised Code may be disposed of as provided in this section.	36042

Sec. 1547.304. No person shall purposely leave an abandoned	36043
junk vessel or outboard motor on private property for more than	36044
seventy-two hours without the permission of the person having the	36045
right to the possession of the property; in a sunken, beached, or	36046
drifting condition for any period of time; or in a docked	36047
condition, on a public street or other property open to the	36048
public, or upon or within the right-of-way of any waterway, road,	36049
or highway, for forty-eight hours or longer without notification	36050
to the sheriff of the county, chief of police of the municipal	36051
corporation, township, or township police district, or joint	36052
police district, or other chief of a law enforcement agency,	36053
having territorial jurisdiction with respect to the location of	36054
the vessel or motor, of the reasons for leaving the vessel or	36055
motor in any such place or condition.	36056

For purposes of this section, the fact that an abandoned junk	36057
vessel or outboard motor has been so left without permission or	36058
notification is prima-facie evidence of abandonment.	36059

Nothing in sections 1547.30, 1547.301, and 1547.303 of the	36060
Revised Code invalidates the provisions of any ordinance of a	36061
municipal corporation regulating or prohibiting the abandonment of	36062
vessels or outboard motors on waterways, beaches, docks, streets,	36063
highways, public property, or private property within the	36064
boundaries of the municipal corporation.	36065

Sec. 1551.311. The general assembly hereby finds and	36066
declares that the future of the Ohio coal industry lies in the	36067
development of clean coal technology and that the disproportionate	36068
economic impact on the state under Title IV of the "Clean Air Act	36069
Amendments of 1990," 104 Stat. 2584, 42 U.S.C.A. 7651, warrants	36070
maximum federal assistance to this state for such development. It	36071
is therefore imperative that the ~~Ohio air quality~~department of	36072
development ~~authority created under Chapter 3706. of the Revised~~	36073
~~Code~~, its Ohio coal development office, the Ohio coal industry,	36074
the Ohio Washington office in the office of the governor, and the	36075
state's congressional delegation make every effort to acquire any	36076
federal assistance available for the development of clean coal	36077
technology, including assisting entities eligible for grants in	36078
their acquisition. The Ohio coal development agenda required by	36079
section 1551.34 of the Revised Code shall include, in addition to	36080
the other information required by that section, a description of	36081
such efforts and a description of the current status of the	36082
development of clean coal technology in this state and elsewhere.	36083

Sec. 1551.32. (A) There is hereby established within the	36084
~~Ohio air quality~~department of development ~~authority~~ the Ohio coal	36085
development office whose purposes are to do all of the following:	36086

(1) Encourage, promote, and support siting, financing,	36087
construction, and operation of commercially available or scaled	36088
facilities and technologies, including, without limitation,	36089
commercial-scale demonstration facilities and, when necessary or	36090
appropriate to demonstrate the commercial acceptability of a	36091
specific technology, up to three installations within this state	36092
utilizing the specific technology, to more efficiently produce,	36093
beneficiate, market, or use Ohio coal;	36094

(2) Encourage, promote, and support the market acceptance and	36095
increased market use of Ohio coal through technology and market	36096
development;	36097

(3) Assist in the financing of coal development facilities;

36098

(4) Encourage, promote, and support, in state-owned	36099
buildings, facilities, and operations, use of Ohio coal and	36100
electricity sold by utilities and others in this state that use	36101
Ohio coal for generation;	36102

(5) Improve environmental quality, particularly through	36103
cleaner use of Ohio coal;	36104

(6) Assist and cooperate with governmental agencies,	36105
universities and colleges, coal producers, coal miners, electric	36106
utilities and other coal users, public and private sector coal	36107
development interests, and others in achieving these purposes.	36108

(B) The office shall give priority to improvement or	36109
reconstruction of existing facilities and equipment when	36110
economically feasible, to construction and operation of	36111
commercial-scale facilities, and to technologies, equipment, and	36112
other techniques that enable maximum use of Ohio coal in an	36113
environmentally acceptable, cost-effective manner.	36114

Sec. 1551.33. (A) The ~~Ohio air quality~~director of	36115
development ~~authority, by the affirmative vote of a majority of~~	36116
~~its members,~~ shall appoint and fix the compensation of the	36117
director of the Ohio coal development office. The director shall	36118
serve at the pleasure of the ~~authority~~director of development.	36119

(B) The director of the office shall do all of the following:

36120

(1) Biennially prepare and maintain the Ohio coal development	36121
agenda required under section 1551.34 of the Revised Code;	36122

(2) Propose and support policies for the office consistent	36123
with the Ohio coal development agenda and develop means to	36124
implement the agenda;	36125

(3) Initiate, undertake, and support projects to carry out	36126
the office's purposes and ensure that the projects are consistent	36127
with and meet the selection criteria established by the Ohio coal	36128
development agenda;	36129

(4) Actively encourage joint participation in and, when	36130
feasible, joint funding of the office's projects with governmental	36131
agencies, electric utilities, universities and colleges, other	36132
public or private interests, or any other person;	36133

(5) Establish a table of organization for and employ such	36134
employees and agents as are necessary for the administration and	36135
operation of the office. Any such employees shall be in the	36136
unclassified service and shall serve at the pleasure of the	36137
~~authority~~director of development.	36138

(6) Appoint specified members of and convene the technical	36139
advisory committee established under section 1551.35 of the	36140
Revised Code;	36141

(7) Review, with the assistance of the technical advisory	36142
committee, proposed coal research and development projects as	36143
defined in section 1555.01 of the Revised Code, and coal	36144
development projects, submitted to the office by public utilities	36145
for the purpose of section 4905.304 of the Revised Code. If the	36146
director and the advisory committee determine that any such	36147
facility or project has as its purpose the enhanced use of Ohio	36148
coal in an environmentally acceptable, cost effective manner,	36149
promotes energy conservation, is cost effective, and is	36150
environmentally sound, the director shall submit to the public	36151
utilities commission a report recommending that the commission	36152
allow the recovery of costs associated with the facility or	36153
project under section 4905.304 of the Revised Code and including	36154
the reasons for the recommendation.	36155

(8) Establish such policies, procedures, and guidelines as	36156
are necessary to achieve the office's purposes.	36157

(C) ~~By the affirmative vote of a majority of the members of~~	36158
~~the Ohio air quality development authority, the~~The director of	36159
the office may exercise any of the powers and duties ~~of the~~	36160
~~director of development as the authority and~~that the director of	36161
the office ~~consider~~considers appropriate or desirable to achieve	36162
the office's purposes, including, but not limited to, the powers	36163
and duties enumerated in sections 1551.11, 1551.12, ~~1551.13,~~ and	36164
1551.15 of the Revised Code.	36165

Additionally, the director of the office may make loans to	36166
governmental agencies or persons for projects to carry out the	36167
office's purposes. Fees, charges, rates of interest, times of	36168
payment of interest and principal, and other terms, conditions,	36169
and provisions of the loans shall be such as the director of the	36170
office determines to be appropriate and in furtherance of the	36171
purposes for which the loans are made. The mortgage lien securing	36172
any moneys lent by the director of the office may be subordinate	36173
to the mortgage lien securing any moneys lent or invested by a	36174
financial institution, but shall be superior to that securing any	36175
moneys lent or expended by any other person. The moneys used in	36176
making the loans shall be disbursed upon order of the director of	36177
the office.	36178

Sec. 1551.35. (A) There is hereby established a technical	36179
advisory committee to assist the director of the Ohio coal	36180
development office in achieving the office's purposes. The	36181
director shall appoint to the committee one member of the public	36182
utilities commission and one representative each of coal	36183
production companies, the united mine workers of America, electric	36184
utilities, manufacturers that use Ohio coal, and environmental	36185
organizations, as well as two people with a background in coal	36186
research and development technology, one of whom is employed at	36187
the time of the member's appointment by a state university, as	36188
defined in section 3345.011 of the Revised Code. In addition, the	36189
committee shall include four legislative members. The speaker and	36190
minority leader of the house of representatives each shall appoint	36191
one member of the house of representatives, and the president and	36192
minority leader of the senate each shall appoint one member of the	36193
senate, to the committee. The director of environmental protection	36194
~~and the director of development~~ shall serve on the committee as an	36195
ex officio ~~members~~member. Any member of the committee may	36196
designate in writing a substitute to serve in the member's absence	36197
on the committee. The director of environmental protection may	36198
designate in writing the chief of the air pollution control	36199
division of the agency to represent the agency. Members shall	36200
serve on the committee at the pleasure of their appointing	36201
authority. Members of the committee appointed by the director of	36202
the office and, notwithstanding section 101.26 of the Revised	36203
Code, legislative members of the committee, when engaged in their	36204
official duties as members of the committee, shall be compensated	36205
on a per diem basis in accordance with division (J) of section	36206
124.15 of the Revised Code, except that the member of the public	36207
utilities commission and, while employed by a state university,	36208
the member with a background in coal research, shall not be so	36209
compensated. Members shall receive their actual and necessary	36210
expenses incurred in the performance of their duties.	36211

(B) The technical advisory committee shall review and make	36212
recommendations concerning the Ohio coal development agenda	36213
required under section 1551.34 of the Revised Code, project	36214
proposals, research and development projects submitted to the	36215
office by public utilities for the purpose of section 4905.304 of	36216
the Revised Code, proposals for grants, loans, and loan guarantees	36217
for purposes of sections 1555.01 to 1555.06 of the Revised Code,	36218
and such other topics as the director of the office considers	36219
appropriate.	36220

(C) The technical advisory committee may hold an executive	36221
session at any regular or special meeting for the purpose of	36222
considering research and development project proposals or	36223
applications for assistance submitted to the Ohio coal development	36224
office under section 1551.33, or sections 1555.01 to 1555.06, of	36225
the Revised Code, to the extent that the proposals or applications	36226
consist of trade secrets or other proprietary information.	36227

Any materials or data submitted to, made available to, or	36228
received by the ~~Ohio air quality~~department of development	36229
~~authority~~ or the director of the Ohio coal development office in	36230
connection with agreements for assistance entered into under this	36231
chapter or Chapter 1555. of the Revised Code, or any information	36232
taken from those materials or data for any purpose, to the extent	36233
that the materials or data consist of trade secrets or other	36234
proprietary information, are not public records for the purposes	36235
of section 149.43 of the Revised Code.	36236

As used in this division, "trade secrets" has the same	36237
meaning as in section 1333.61 of the Revised Code.	36238

Sec. 1555.02. It is hereby declared to be the public policy	36239
of this state through the operations of the Ohio coal development	36240
office under this chapter to contribute toward one or more of the	36241
following: to provide for the comfort, health, safety, and general	36242
welfare of all employees and other inhabitants of this state	36243
through research and development directed toward the discovery of	36244
new technologies or the demonstration or application of existing	36245
technologies to enable the conversion or use of Ohio coal as a	36246
fuel or chemical feedstock in an environmentally acceptable manner	36247
thereby enhancing the marketability and fostering the use of this	36248
state's vast reserves of coal, to assist in the financing of coal	36249
research and development and coal research and development	36250
projects or facilities for persons doing business in this state	36251
and educational and scientific institutions located in this state,	36252
to create or preserve jobs and employment opportunities or improve	36253
the economic welfare of the people of this state, or to assist and	36254
cooperate with such persons and educational and scientific	36255
institutions in conducting coal research and development. In	36256
furtherance of this public policy, the Ohio coal development	36257
office, with the advice of the technical advisory committee	36258
created in section 1551.35 of the Revised Code ~~and the affirmative~~	36259
~~vote of a majority of the members of the Ohio air quality~~	36260
~~development authority~~, may make loans, guarantee loans, and make	36261
grants to persons doing business in this state or to educational	36262
or scientific institutions located in this state for coal research	36263
and development projects by such persons or educational or	36264
scientific institutions; may, with the advice of the technical	36265
advisory committee ~~and the affirmative vote of a majority of the~~	36266
~~members of the Ohio air quality development authority~~, request the	36267
issuance of coal research and development general obligations	36268
under section 151.07 of the Revised Code to provide funds for	36269
making such loans, loan guarantees, and grants; and may, with the	36270
advice of the technical advisory committee ~~and the affirmative~~	36271
~~vote of a majority of the members of the Ohio air quality~~	36272
~~development authority~~, expend moneys credited to the coal research	36273
and development fund created in section 1555.15 of the Revised	36274
Code for the purpose of making such loans, loan guarantees, and	36275
grants. Determinations by the director of the Ohio coal	36276
development office that coal research and development or a coal	36277
research and development facility is a coal research and	36278
development project under this chapter and is consistent with the	36279
purposes of Section 15 of Article VIII, Ohio Constitution, and	36280
this chapter shall be conclusive as to the validity and	36281
enforceability of the coal research and development general	36282
obligations issued to finance such project and of the	36283
authorizations, trust agreements or indentures, loan agreements,	36284
loan guarantee agreements, or grant agreements, and other	36285
agreements made in connection therewith, all in accordance with	36286
their terms.	36287

Sec. 1555.03. For the purposes of this chapter, the director	36288
of the Ohio coal development office may:	36289

(A) With the advice of the technical advisory committee	36290
created in section 1551.35 of the Revised Code ~~and the affirmative~~	36291
~~vote of a majority of the members of the Ohio air quality~~	36292
~~development authority~~, make loans, guarantee loans, and make	36293
grants to persons doing business in this state or to educational	36294
or scientific institutions located in this state for coal research	36295
and development projects by any such person or educational or	36296
scientific institution and adopt rules under Chapter 119. of the	36297
Revised Code for making such loans, guarantees, and grants.	36298

(B) In making loans, loan guarantees, and grants under	36299
division (A) of this section and section 1555.04 of the Revised	36300
Code, the director of the office shall ensure that an adequate	36301
portion of the total amount of those loans, loan guarantees, and	36302
grants, as determined by the director with the advice of the	36303
technical advisory committee, is used for conducting research on	36304
fundamental scientific problems related to the utilization of Ohio	36305
coal and shall ensure, to the maximum feasible extent, joint	36306
financial participation by the federal government or other	36307
investors or interested parties in conjunction with any such loan,	36308
loan guarantee, or grant. The director, in each grant agreement or	36309
contract under division (A) of this section, loan contract or	36310
agreement under this division or section 1555.04 of the Revised	36311
Code, and contract of guarantee under section 1555.05 of the	36312
Revised Code, shall require that the facility or project be	36313
maintained and kept in good condition and repair by the person or	36314
educational or scientific institution to whom the grant or loan	36315
was made or for whom the guarantee was made.	36316

(C) From time to time, with the advice of the technical	36317
advisory committee ~~and the affirmative vote of a majority of the~~	36318
~~members of the Ohio air quality development authority~~, request the	36319
issuance of coal research and development general obligations	36320
under section 151.07 of the Revised Code, for any of the purposes	36321
set forth in Section 15 of Article VIII, Ohio Constitution, and	36322
subject to the limitations therein upon the aggregate total amount	36323
of obligations that may be outstanding at any time.	36324

(D) Include as a condition of any loan, loan guarantee, or	36325
grant contract or agreement with any such person or educational or	36326
scientific institution that the director of the office receive, in	36327
addition to payments of principal and interest on any such loan or	36328
service charges for any such guarantee, as appropriate, as	36329
authorized by Section 15, Article VIII, Ohio Constitution, a	36330
reasonable royalty or portion of the income or profits arising out	36331
of the developments, discoveries, or inventions, including patents	36332
or copyrights, that result in whole or in part from coal research	36333
and development projects conducted under any such contract or	36334
agreement, in such amounts and for such period of years as may be	36335
negotiated and provided by the contract or agreement in advance of	36336
the making of the grant, loan, or loan guarantee. Moneys received	36337
by the director of the office under this section may be credited	36338
to the coal research and development bond service fund or used to	36339
make additional loans, loan guarantees, grants, or agreements	36340
under this section.	36341

(E) Employ managers, superintendents, and other employees and	36342
retain or contract with consulting engineers, financial	36343
consultants, accounting experts, architects, and such other	36344
consultants and independent contractors as are necessary in the	36345
judgment of the director of the office to carry out this chapter,	36346
and fix the compensation thereof.	36347

(F) Receive and accept from any federal agency, subject to	36348
the approval of the governor, grants for or in aid of the	36349
construction or operation of any coal research and development	36350
project or for coal research and development, and receive and	36351
accept aid or contributions from any source of money, property,	36352
labor, or other things of value, to be held, used, and applied	36353
only for the purposes for which such grants and contributions are	36354
made.	36355

(G) Purchase fire and extended coverage and liability	36356
insurance for any coal research and development project, insurance	36357
protecting the office and its officers and employees against	36358
liability for damage to property or injury to or death of persons	36359
arising from its operations, and any other insurance the director	36360
of the office determines necessary or proper under this chapter.	36361
Any moneys received by the director from the proceeds of any such	36362
insurance with respect to a coal research and development project	36363
and any moneys received by the director from the proceeds of any	36364
settlement, judgment, foreclosure, or other insurance with respect	36365
to a coal research and development project or facility shall be	36366
credited to the coal research and development bond service fund.	36367

(H) In the exercise of the powers of the director of the	36368
office under this chapter, call to the director's assistance,	36369
temporarily, from time to time, any engineers, technical experts,	36370
financial experts, and other employees in any state department,	36371
agency, or commission, or in the Ohio state university, or other	36372
educational institutions financed wholly or partially by this	36373
state for purposes of assisting the director of the office with	36374
reviewing and evaluating applications for financial assistance	36375
under this chapter, monitoring performance of coal research and	36376
development projects receiving financial assistance under this	36377
chapter, and reviewing and evaluating the progress and findings of	36378
those projects. Such engineers, experts, and employees shall not	36379
receive any additional compensation over that which they receive	36380
from the department, agency, commission, or educational	36381
institution by which they are employed, but they shall be	36382
reimbursed for their actual and necessary expenses incurred while	36383
working under the direction of the director.	36384

(I) Do all acts necessary or proper to carry out the powers	36385
expressly granted in this chapter.	36386

Sec. 1555.04. (A) With respect to coal research and	36387
development projects financed wholly or partially from a loan or	36388
loan guarantee under this chapter, the director of the Ohio coal	36389
development office, in addition to other powers under this	36390
chapter, with the advice of the technical advisory committee	36391
created in section 1551.35 of the Revised Code ~~and the affirmative~~	36392
~~vote of a majority of the members of the Ohio air quality~~	36393
~~development authority~~, may enter into loan agreements, accept	36394
notes and other forms of obligation to evidence such indebtedness	36395
and mortgages, liens, pledges, assignments, or other security	36396
interests to secure such indebtedness, which may be prior or	36397
subordinate to or on a parity with other indebtedness,	36398
obligations, mortgages, pledges, assignments, other security	36399
interests, or liens or encumbrances, and take such actions as the	36400
director of the office considers appropriate to protect such	36401
security and safeguard against losses, including, without	36402
limitation, foreclosure and the bidding upon and purchase of	36403
property upon foreclosure or other sale.	36404

(B) The authority granted by this section is cumulative and	36405
supplementary to all other authority granted in this chapter. The	36406
authority granted by this section does not alter or impair any	36407
similar authority granted elsewhere in this chapter with respect	36408
to other projects.	36409

Sec. 1555.05. (A) Subject to any limitations as to aggregate	36410
amounts thereof that may from time to time be prescribed by the	36411
general assembly and to other applicable provisions of this	36412
chapter, and subject to the one-hundred-million-dollar limitation	36413
provided in Section 15 of Article VIII, Ohio Constitution, the	36414
director of the Ohio coal development office, on behalf of this	36415
state, with the advice of the technical advisory committee created	36416
in section 1551.35 of the Revised Code ~~and the affirmative vote of~~	36417
~~a majority of the members of the Ohio air quality development~~	36418
~~authority~~, may enter into contracts to guarantee the repayment or	36419
payment of the unpaid principal amount of loans made to pay the	36420
costs of coal research and development projects.	36421

(B) The contract of guarantee may make provision for the	36422
conditions of, time for, and manner of fulfillment of the	36423
guarantee commitment, subrogation of this state to the rights of	36424
the parties guaranteed and exercise of such parties' rights by the	36425
state, giving the state the option of making payment of the	36426
principal amount guaranteed in one or more installments and, if	36427
deferred, to pay interest thereon from the source specified in	36428
division (A) of this section, and any other terms or conditions	36429
customary to such guarantees and as the director of the office may	36430
approve, and may contain provisions for securing the guarantee in	36431
the manner consistent with this section, covenants on behalf of	36432
this state to issue obligations under section 1555.08 of the	36433
Revised Code to provide moneys to fulfill such guarantees and	36434
covenants, and covenants restricting the aggregate amount of	36435
guarantees that may be contracted under this section and	36436
obligations that may be issued under section 151.07 of the Revised	36437
Code, and terms pertinent to either, to better secure the parties	36438
guaranteed.	36439

(C) The director of the office may fix service charges for	36440
making a guarantee. Such charges shall be payable at such times	36441
and place and in such amounts and manner as may be prescribed by	36442
the director. Moneys received from such charges shall be credited	36443
to the coal research and development bond service fund.	36444

(D) Any guaranteed parties under this section, by any	36445
suitable form of legal proceedings and except to the extent that	36446
their rights are restricted by the guarantee documents, may	36447
protect and enforce any rights under the laws of this state or	36448
granted by such guarantee or guarantee documents. Such rights	36449
include the right to compel the performance of all duties of the	36450
office required by this section or the guarantee or guarantee	36451
documents; and in the event of default with respect to the payment	36452
of any guarantees, to apply to a court having jurisdiction of the	36453
cause to appoint a receiver to receive and administer the moneys	36454
pledged to such guarantee with full power to pay, and to provide	36455
for payment of, such guarantee, and with such powers, subject to	36456
the direction of the court, as are accorded receivers in general	36457
equity cases, excluding any power to pledge or apply additional	36458
revenues or receipts or other income or moneys of this state. Each	36459
duty of the office and its director and employees required or	36460
undertaken under this section or a guarantee made under this	36461
section is hereby established as a duty of the office and of its	36462
director and each such employee having authority to perform such	36463
duty, specifically enjoined by the law resulting from an office,	36464
trust, or station within the meaning of section 2731.01 of the	36465
Revised Code. The persons who are at the time the director of the	36466
office, or its employees, are not liable in their personal	36467
capacities on any guarantees or contracts to make guarantees by	36468
the director.	36469

Sec. 1555.06. Upon application by the director of the Ohio	36470
coal development office ~~with the affirmative vote of a majority of~~	36471
~~the members of the Ohio air quality development authority~~, the	36472
controlling board, from appropriations available to the board, may	36473
provide funds for surveys or studies by the office of any proposed	36474
coal research and development project subject to repayment by the	36475
office from funds available to it, within the time fixed by the	36476
board. Funds to be repaid shall be charged by the office to the	36477
appropriate coal research and development project and the amount	36478
thereof shall be a cost of the project. This section does not	36479
abrogate the authority of the controlling board to otherwise	36480
provide funds for use by the office in the exercise of the powers	36481
granted to it by this chapter.	36482

Sec. 1555.08. (A) Subject to the limitations provided in	36483
Section 15 of Article VIII, Ohio Constitution, the commissioners	36484
of the sinking fund, upon certification by the director of the	36485
Ohio coal development office of the amount of moneys or additional	36486
moneys needed in the coal research and development fund for the	36487
purpose of making grants or loans for allowable costs, or needed	36488
for capitalized interest, for funding reserves, and for paying	36489
costs and expenses incurred in connection with the issuance,	36490
carrying, securing, paying, redeeming, or retirement of the	36491
obligations or any obligations refunded thereby, including payment	36492
of costs and expenses relating to letters of credit, lines of	36493
credit, insurance, put agreements, standby purchase agreements,	36494
indexing, marketing, remarketing and administrative arrangements,	36495
interest swap or hedging agreements, and any other credit	36496
enhancement, liquidity, remarketing, renewal, or refunding	36497
arrangements, all of which are authorized by this section, or	36498
providing moneys for loan guarantees, shall issue obligations of	36499
the state under this section in amounts authorized by the general	36500
assembly; provided that such obligations may be issued to the	36501
extent necessary to satisfy the covenants in contracts of	36502
guarantee made under section 1555.05 of the Revised Code to issue	36503
obligations to meet such guarantees, notwithstanding limitations	36504
otherwise applicable to the issuance of obligations under this	36505
section except the one-hundred-million-dollar limitation provided	36506
in Section 15 of Article VIII, Ohio Constitution. The proceeds of	36507
such obligations, except for the portion to be deposited in the	36508
coal research and development bond service fund as may be provided	36509
in the bond proceedings, shall as provided in the bond proceedings	36510
be deposited in the coal research and development fund. The	36511
commissioners of the sinking fund may appoint trustees, paying	36512
agents, and transfer agents and may retain the services of	36513
financial advisors, accounting experts, and attorneys, and retain	36514
or contract for the services of marketing, remarketing, indexing,	36515
and administrative agents, other consultants, and independent	36516
contractors, including printing services, as are necessary in	36517
their judgment to carry out this section.	36518

(B) The full faith and credit of the state of Ohio is hereby	36519
pledged to obligations issued under this section. The right of the	36520
holders and owners to payment of bond service charges is limited	36521
to all or that portion of the moneys pledged thereto pursuant to	36522
the bond proceedings in accordance with this section, and each	36523
such obligation shall bear on its face a statement to that effect.	36524

(C) Obligations shall be authorized by resolution of the	36525
commissioners of the sinking fund on request of the director of	36526
the Ohio coal development office as provided in section 1555.02 of	36527
the Revised Code and the bond proceedings shall provide for the	36528
purpose thereof and the principal amount or amounts, and shall	36529
provide for or authorize the manner or agency for determining the	36530
principal maturity or maturities, not exceeding forty years from	36531
the date of issuance, the interest rate or rates or the maximum	36532
interest rate, the date of the obligations and the dates of	36533
payment of interest thereon, their denomination, and the	36534
establishment within or without the state of a place or places of	36535
payment of bond service charges. Sections 9.98 to 9.983 of the	36536
Revised Code apply to obligations issued under this section. The	36537
purpose of such obligations may be stated in the bond proceedings	36538
in terms describing the general purpose or purposes to be served.	36539
The bond proceedings shall also provide, subject to the provisions	36540
of any other applicable bond proceedings, for the pledge of all,	36541
or such part as the commissioners of the sinking fund may	36542
determine, of the moneys credited to the coal research and	36543
development bond service fund to the payment of bond service	36544
charges, which pledges may be made either prior or subordinate to	36545
other expenses, claims, or payments and may be made to secure the	36546
obligations on a parity with obligations theretofore or thereafter	36547
issued, if and to the extent provided in the bond proceedings. The	36548
moneys so pledged and thereafter received by the state are	36549
immediately subject to the lien of such pledge without any	36550
physical delivery thereof or further act, and the lien of any such	36551
pledges is valid and binding against all parties having claims of	36552
any kind against the state or any governmental agency of the	36553
state, irrespective of whether such parties have notice thereof,	36554
and shall create a perfected security interest for all purposes of	36555
Chapter 1309. of the Revised Code, without the necessity for	36556
separation or delivery of funds or for the filing or recording of	36557
the bond proceedings by which such pledge is created or any	36558
certificate, statement, or other document with respect thereto;	36559
and the pledge of such moneys is effective and the money therefrom	36560
and thereof may be applied to the purposes for which pledged	36561
without necessity for any act of appropriation. Every pledge, and	36562
every covenant and agreement made with respect thereto, made in	36563
the bond proceedings may therein be extended to the benefit of the	36564
owners and holders of obligations authorized by this section, and	36565
to any trustee therefor, for the further security of the payment	36566
of the bond service charges.	36567

(D) The bond proceedings may contain additional provisions as	36568
to:	36569

(1) The redemption of obligations prior to maturity at the	36570
option of the commissioners of the sinking fund at such price or	36571
prices and under such terms and conditions as are provided in the	36572
bond proceedings;	36573

(2) Other terms of the obligations;

36574

(3) Limitations on the issuance of additional obligations;

36575

(4) The terms of any trust agreement or indenture securing	36576
the obligations or under which the obligations may be issued;	36577

(5) The deposit, investment, and application of the coal	36578
research and development bond service fund, and the safeguarding	36579
of moneys on hand or on deposit, without regard to Chapter 131. or	36580
135. of the Revised Code, but subject to any special provisions of	36581
this chapter, with respect to particular moneys; provided, that	36582
any bank or trust company which acts as depository of any moneys	36583
in the fund may furnish such indemnifying bonds or may pledge such	36584
securities as required by the commissioners of the sinking fund;	36585

(6) Any other provision of the bond proceedings being binding	36586
upon the commissioners of the sinking fund, or such other body or	36587
person as may from time to time have the authority under law to	36588
take such actions as may be necessary to perform all or any part	36589
of the duty required by such provision;	36590

(7) Any provision which may be made in a trust agreement or	36591
indenture;	36592

(8) Any other or additional agreements with the holders of	36593
the obligations, or the trustee therefor, relating to the	36594
obligations or the security therefor, including the assignment of	36595
mortgages or other security obtained or to be obtained for loans	36596
under this chapter.	36597

(E) The obligations may have the great seal of the state or a	36598
facsimile thereof affixed thereto or printed thereon. The	36599
obligations shall be signed by such members of the commissioners	36600
of the sinking fund as are designated in the resolution	36601
authorizing the obligations or bear the facsimile signatures of	36602
such members. Any coupons attached to the obligations shall bear	36603
the facsimile signature of the treasurer of state. Any obligations	36604
may be executed by the persons who, on the date of execution, are	36605
the commissioners although on the date of such bonds the persons	36606
were not the commissioners. Any coupons may be executed by the	36607
person who, on the date of execution, is the treasurer of state	36608
although on the date of such coupons the person was not the	36609
treasurer of state. In case any officer or commissioner whose	36610
signature or a facsimile of whose signature appears on any such	36611
obligations or any coupons ceases to be such officer or	36612
commissioner before delivery thereof, such signature or facsimile	36613
is nevertheless valid and sufficient for all purposes as if the	36614
individual had remained such officer or commissioner until such	36615
delivery; and in case the seal to be affixed to obligations has	36616
been changed after a facsimile of the seal has been imprinted on	36617
such obligations, such facsimile seal shall continue to be	36618
sufficient as to such obligations and obligations issued in	36619
substitution or exchange therefor.	36620

(F) All obligations except loan guarantees are negotiable	36621
instruments and securities under Chapter 1308. of the Revised	36622
Code, subject to the provisions of the bond proceedings as to	36623
registration. The obligations may be issued in coupon or in	36624
registered form, or both, as the commissioners of the sinking fund	36625
determine. Provision may be made for the registration of any	36626
obligations with coupons attached thereto as to principal alone or	36627
as to both principal and interest, their exchange for obligations	36628
so registered, and for the conversion or reconversion into	36629
obligations with coupons attached thereto of any obligations	36630
registered as to both principal and interest, and for reasonable	36631
charges for such registration, exchange, conversion, and	36632
reconversion.	36633

(G) Obligations may be sold at public sale or at private	36634
sale, as determined in the bond proceedings.	36635

(H) Pending preparation of definitive obligations, the	36636
commissioners of the sinking fund may issue interim receipts or	36637
certificates which shall be exchanged for such definitive	36638
obligations.	36639

(I) In the discretion of the commissioners of the sinking	36640
fund, obligations may be secured additionally by a trust agreement	36641
or indenture between the commissioners and a corporate trustee,	36642
which may be any trust company or bank having a place of business	36643
within the state. Any such agreement or indenture may contain the	36644
resolution authorizing the issuance of the obligations, any	36645
provisions that may be contained in any bond proceedings, and	36646
other provisions that are customary or appropriate in an agreement	36647
or indenture of such type, including, but not limited to:	36648

(1) Maintenance of each pledge, trust agreement, indenture,	36649
or other instrument comprising part of the bond proceedings until	36650
the state has fully paid the bond service charges on the	36651
obligations secured thereby, or provision therefor has been made;	36652

(2) In the event of default in any payments required to be	36653
made by the bond proceedings, or any other agreement of the	36654
commissioners of the sinking fund made as a part of the contract	36655
under which the obligations were issued, enforcement of such	36656
payments or agreement by mandamus, the appointment of a receiver,	36657
suit in equity, action at law, or any combination of the	36658
foregoing;	36659

(3) The rights and remedies of the holders of obligations and	36660
of the trustee, and provisions for protecting and enforcing them,	36661
including limitations on rights of individual holders of	36662
obligations;	36663

(4) The replacement of any obligations that become mutilated	36664
or are destroyed, lost, or stolen;	36665

(5) Such other provisions as the trustee and the	36666
commissioners of the sinking fund agree upon, including	36667
limitations, conditions, or qualifications relating to any of the	36668
foregoing.	36669

(J) Any holder of obligations or a trustee under the bond	36670
proceedings, except to the extent that the holder's rights are	36671
restricted by the bond proceedings, may by any suitable form of	36672
legal proceedings protect and enforce any rights under the laws of	36673
this state or granted by such bond proceedings. Such rights	36674
include the right to compel the performance of all duties of the	36675
commissioners of the sinking fund, the ~~Ohio air quality~~department	36676
of development ~~authority~~, or the Ohio coal development office	36677
required by this chapter and Chapter 1551. of the Revised Code or	36678
the bond proceedings; to enjoin unlawful activities; and in the	36679
event of default with respect to the payment of any bond service	36680
charges on any obligations or in the performance of any covenant	36681
or agreement on the part of the commissioners, the ~~authority~~	36682
department, or the office in the bond proceedings, to apply to a	36683
court having jurisdiction of the cause to appoint a receiver to	36684
receive and administer the moneys pledged, other than those in the	36685
custody of the treasurer of state, that are pledged to the payment	36686
of the bond service charges on such obligations or that are the	36687
subject of the covenant or agreement, with full power to pay, and	36688
to provide for payment of bond service charges on, such	36689
obligations, and with such powers, subject to the direction of the	36690
court, as are accorded receivers in general equity cases,	36691
excluding any power to pledge additional revenues or receipts or	36692
other income or moneys of the commissioners of the sinking fund or	36693
the state or governmental agencies of the state to the payment of	36694
such principal and interest and excluding the power to take	36695
possession of, mortgage, or cause the sale or otherwise dispose of	36696
any project.	36697

Each duty of the commissioners of the sinking fund and their	36698
employees, and of each governmental agency and its officers,	36699
members, or employees, undertaken pursuant to the bond proceedings	36700
or any grant, loan, or loan guarantee agreement made under	36701
authority of this chapter, and in every agreement by or with the	36702
commissioners, is hereby established as a duty of the	36703
commissioners, and of each such officer, member, or employee	36704
having authority to perform such duty, specifically enjoined by	36705
the law resulting from an office, trust, or station within the	36706
meaning of section 2731.01 of the Revised Code.	36707

The persons who are at the time the commissioners of the	36708
sinking fund, or their employees, are not liable in their personal	36709
capacities on any obligations issued by the commissioners or any	36710
agreements of or with the commissioners.	36711

(K) Obligations issued under this section are lawful	36712
investments for banks, societies for savings, savings and loan	36713
associations, deposit guarantee associations, trust companies,	36714
trustees, fiduciaries, insurance companies, including domestic for	36715
life and domestic not for life, trustees or other officers having	36716
charge of sinking and bond retirement or other special funds of	36717
political subdivisions and taxing districts of this state, the	36718
commissioners of the sinking fund of the state, the administrator	36719
of workers' compensation, the state teachers retirement system,	36720
the public employees retirement system, the school employees	36721
retirement system, and the Ohio police and fire pension fund,	36722
notwithstanding any other provisions of the Revised Code or rules	36723
adopted pursuant thereto by any governmental agency of the state	36724
with respect to investments by them, and are also acceptable as	36725
security for the deposit of public moneys.	36726

(L) If the law or the instrument creating a trust pursuant to	36727
division (I) of this section expressly permits investment in	36728
direct obligations of the United States or an agency of the United	36729
States, unless expressly prohibited by the instrument, such moneys	36730
also may be invested in no-front-end-load money market mutual	36731
funds consisting exclusively of obligations of the United States	36732
or an agency of the United States and in repurchase agreements,	36733
including those issued by the fiduciary itself, secured by	36734
obligations of the United States or an agency of the United	36735
States; and in collective investment funds established in	36736
accordance with section 1111.14 of the Revised Code and consisting	36737
exclusively of any such securities, notwithstanding division	36738
(A)(1)(c) of that section. The income from such investments shall	36739
be credited to such funds as the commissioners of the sinking fund	36740
determine, and such investments may be sold at such times as the	36741
commissioners determine or authorize.	36742

(M) Provision may be made in the applicable bond proceedings	36743
for the establishment of separate accounts in the bond service	36744
fund and for the application of such accounts only to the	36745
specified bond service charges on obligations pertinent to such	36746
accounts and bond service fund and for other accounts therein	36747
within the general purposes of such fund. Moneys to the credit of	36748
the bond service fund shall be disbursed on the order of the	36749
treasurer of state; provided, that no such order is required for	36750
the payment from the bond service fund when due of bond service	36751
charges on obligations.	36752

(N) The commissioners of the sinking fund may pledge all, or	36753
such portion as they determine, of the receipts of the bond	36754
service fund to the payment of bond service charges on obligations	36755
issued under this section, and for the establishment and	36756
maintenance of any reserves, as provided in the bond proceedings,	36757
and make other provisions therein with respect to pledged receipts	36758
as authorized by this chapter, which provisions control	36759
notwithstanding any other provisions of law pertaining thereto.	36760

(O) The commissioners of the sinking fund may covenant in the	36761
bond proceedings, and any such covenants control notwithstanding	36762
any other provision of law, that the state and applicable officers	36763
and governmental agencies of the state, including the general	36764
assembly, so long as any obligations are outstanding, shall:	36765

(1) Maintain statutory authority for and cause to be levied	36766
and collected taxes so that the pledged receipts are sufficient in	36767
amount to meet bond service charges, and the establishment and	36768
maintenance of any reserves and other requirements provided for in	36769
the bond proceedings, and, as necessary, to meet covenants	36770
contained in any loan guarantees made under this chapter;	36771

(2) Take or permit no action, by statute or otherwise, that	36772
would impair the exemption from federal income taxation of the	36773
interest on the obligations.	36774

(P) All moneys received by or on account of the state and	36775
required by the applicable bond proceedings, consistent with this	36776
section, to be deposited, transferred, or credited to the coal	36777
research and development bond service fund, and all other moneys	36778
transferred or allocated to or received for the purposes of the	36779
fund, shall be credited to such fund and to any separate accounts	36780
therein, subject to applicable provisions of the bond proceedings,	36781
but without necessity for any act of appropriation. During the	36782
period beginning with the date of the first issuance of	36783
obligations and continuing during such time as any such	36784
obligations are outstanding, and so long as moneys in the bond	36785
service fund are insufficient to pay all bond service charges on	36786
such obligations becoming due in each year, a sufficient amount of	36787
moneys of the state are committed and shall be paid to the bond	36788
service fund in each year for the purpose of paying the bond	36789
service charges becoming due in that year without necessity for	36790
further act of appropriation for such purpose. The bond service	36791
fund is a trust fund and is hereby pledged to the payment of bond	36792
service charges to the extent provided in the applicable bond	36793
proceedings, and payment thereof from such fund shall be made or	36794
provided for by the treasurer of state in accordance with such	36795
bond proceedings without necessity for any act of appropriation.	36796
All investment earnings of the fund shall be credited to the fund.	36797

(Q) For purposes of establishing the limitations contained in	36798
Section 15 of Article VIII, Ohio Constitution, the "principal	36799
amount" refers to the aggregate of the offering price of the bonds	36800
or notes. "Principal amount" does not refer to the aggregate value	36801
at maturity or redemption of the bonds or notes.	36802

(R) This section applies only with respect to obligations	36803
issued and delivered prior to September 30, 2000.	36804

Sec. 1555.17. All final actions of the director of the Ohio	36805
coal development office shall be journalized and such journal	36806
shall be open to inspection of the public at all reasonable times.	36807
Any materials or data, to the extent that they consist of trade	36808
secrets, as defined in section 1333.61 of the Revised Code, or	36809
other proprietary information, that are submitted or made	36810
available to, or received by, the ~~Ohio air quality~~department of	36811
development ~~authority~~ or the director of the Ohio coal development	36812
office, in connection with agreements for assistance entered into	36813
under this chapter or Chapter 1551. of the Revised Code, or any	36814
information taken from those materials or data, are not public	36815
records for the purposes of section 149.43 of the Revised Code.	36816

Sec. 1561.06. The chief of the division of mineral resources	36817
management shall designate the townships in which mineable or	36818
quarryable coal or other mineral is or may be mined or quarried,	36819
which townships shall be considered coal or mineral bearing	36820
townships. The chief shall divide the coal or other mineral	36821
bearing townships into such districts as the chief deems best for	36822
inspection purposes, and the chief may change such districts	36823
whenever, in the chief's judgment, the best interests of the	36824
service require.	36825

The chief shall designate as provided in this section as coal	36826
or mineral bearing townships those townships in which coal is	36827
being mined or in which coal is found in such thickness as to make	36828
the mining of ~~such~~the coal or mineral probable at some future	36829
time, and shall designate ~~such~~the township as a unit. As used in	36830
this chapter and Chapters 1563., 1565., and 1567. of the Revised	36831
Code, "coal or mineral bearing township" means a township that has	36832
been so designated by the chief under this section.	36833

The chief shall also designate the townships in which coal is	36834
being mined or in which coal is found in such thickness as to make	36835
the mining of ~~such~~the coal probable at some future time as "coal	36836
bearing townships" as ~~such~~that term is used in Chapter 1509. of	36837
the Revised Code. The chief shall certify to the chief of the	36838
division of oil and gas resources management the townships that	36839
are designated as coal bearing townships.	36840

Sec. 1561.12. An applicant for any examination or	36841
certificate under this section shall, before being examined,	36842
register the applicant's name with the chief of the division of	36843
mineral resources management and file with the chief an affidavit	36844
as to all matters of fact establishing the applicant's right to	36845
receive the examination, a certificate of good character and	36846
temperate habits signed by at least three reputable citizens of	36847
the community in which the applicant resides, and a certificate	36848
from a reputable and disinterested physician as to the physical	36849
condition of ~~such~~the applicant showing that the applicant is	36850
physically capable of performing the duties of the office or	36851
position.	36852

Each applicant for examination for any of the following	36853
positions shall present evidence satisfactory to the chief that	36854
the applicant has been a resident and citizen of this state for	36855
two years next preceding the date of application:	36856

(A) An applicant for the position of deputy mine inspector of	36857
underground mines shall have had actual practical experience of	36858
not less than six years, at least two of which shall have been in	36859
the underground workings of mines in this state. In the case of an	36860
applicant who would inspect underground coal mines, the two years	36861
shall consist of actual practical experience in underground coal	36862
mines. In the case of an applicant who would inspect noncoal	36863
mines, the two years shall consist of actual practical experience	36864
in noncoal mines. In lieu of two years of the actual practical	36865
experience required, the chief may accept as the equivalent	36866
thereof a certificate evidencing graduation from an accredited	36867
school of mines or mining, after a four-year course of study, but	36868
such credit shall not apply as to the two years' actual practical	36869
experience required in the mines in this state.	36870

The applicant shall pass an examination as to the applicant's	36871
practical and technological knowledge of mine surveying, mining	36872
machinery, and appliances; the proper development and operation of	36873
mines; the best methods of working and ventilating mines; the	36874
nature, properties, and powers of noxious, poisonous, and	36875
explosive gases, particularly methane; the best means and methods	36876
of detecting, preventing, and removing the accumulation of such	36877
gases; the use and operation of gas detecting devices and	36878
appliances; first aid to the injured; and the uses and dangers of	36879
electricity as applied and used in, at, and around mines. ~~Such~~The	36880
applicant shall also hold a certificate for foreperson of gaseous	36881
mines issued by the chief.	36882

(B) An applicant for the position of deputy mine inspector of	36883
surface mines shall have had actual practical mining experience of	36884
not less than six years, at least two of which shall have been in	36885
surface mines in this state. In lieu of two years of the actual	36886
practical experience required, the chief may accept as the	36887
equivalent thereof a certificate evidencing graduation from an	36888
accredited school of mines or mining, after a four-year course of	36889
study, but that credit shall not apply as to the two years' actual	36890
practical experience required in the mines in this state. The	36891
applicant shall pass an examination as to the applicant's	36892
practical and technological knowledge of surface mine surveying,	36893
machinery, and appliances; the proper development and operations	36894
of surface mines; first aid to the injured; and the use and	36895
dangers of explosives and electricity as applied and used in, at,	36896
and around surface mines. The applicant shall also hold a surface	36897
mine foreperson certificate issued by the chief.	36898

(C) An applicant for the position of electrical inspector	36899
shall have had at least five years' practical experience in the	36900
installation and maintenance of electrical circuits and equipment	36901
in mines, and the applicant shall be thoroughly familiar with the	36902
principles underlying the safety features of permissible and	36903
approved equipment as authorized and used in mines.	36904

The applicant shall be required to pass the examination	36905
required for deputy mine inspectors and an examination testing and	36906
determining the applicant's qualification and ability to	36907
competently inspect and administer the mining law that relates to	36908
electricity used in and around mines and mining in this state.	36909

(D) An applicant for the position of superintendent or	36910
assistant superintendent of rescue stations shall possess the same	36911
qualifications as those required for a deputy mine inspector. In	36912
addition, the applicant shall present evidence satisfactory to the	36913
chief that the applicant is sufficiently qualified and trained to	36914
organize, supervise, and conduct group training classes in first	36915
aid, safety, and rescue work.	36916

The applicant shall pass the examination required for deputy	36917
mine inspectors and shall be tested as to the applicant's	36918
practical and technological experience and training in first aid,	36919
safety, and mine rescue work.	36920

(E) An applicant for the position of mine chemist shall have	36921
such educational training as is represented by the degree MS in	36922
chemistry from a university of recognized standing, and at least	36923
five years of actual practical experience in research work in	36924
chemistry or as an assistant chemist. The chief may provide that	36925
an equivalent combination of education and experience together	36926
with a wide knowledge of the methods of and skill in chemical	36927
analysis and research may be accepted in lieu of the above	36928
qualifications. It is preferred that ~~such~~the chemist shall have	36929
had actual experience in mineralogy and metallurgy.	36930

~~(F) An applicant for the position of gas storage well~~	36931
~~inspector shall possess the same qualifications as an applicant~~	36932
~~for the position of deputy mine inspector and shall have a~~	36933
~~practical knowledge and experience of and in the operation,~~	36934
~~location, drilling, maintenance, and abandonment of oil and gas~~	36935
~~wells, especially in coal or mineral bearing townships, and shall~~	36936
~~have a thorough knowledge of the latest and best method of~~	36937
~~plugging and sealing abandoned oil and gas wells.~~	36938

~~Such applicant for gas storage well inspector shall pass an~~	36939
~~examination conducted by the chief to determine the applicant's~~	36940
~~fitness to act as a gas storage well inspector before being~~	36941
~~eligible for appointment.~~	36942

Sec. 1561.13. The chief of the division of mineral resources	36943
management shall conduct examinations for offices and positions in	36944
the division of mineral resources management, and for mine	36945
forepersons, mine electricians, shot firers, surface mine	36946
blasters, and fire bosses, as follows:	36947

(A) Division of mineral resources management:

36948

(1) Deputy mine inspectors of underground mines;

36949

(2) Deputy mine inspectors of surface mines;

36950

(3) Electrical inspectors;

36951

(4) Superintendent of rescue stations;

36952

(5) Assistant superintendents of rescue stations;

36953

(6) Mine chemists at a division laboratory if the chief	36954
chooses to operate a laboratory;	36955

~~(7) Gas storage well inspector~~.

36956

(B) Mine forepersons:

36957

(1) Mine foreperson of gaseous mines;

36958

(2) Mine foreperson of nongaseous mines;

36959

(3) Mine foreperson of surface mines.

36960

36961

(1) Foreperson of gaseous mines;

36962

(2) Foreperson of nongaseous mines;

36963

(3) Foreperson of surface maintenance facilities at	36964
underground or surface mines;	36965

(4) Foreperson of surface mines.

36966

(D) Fire bosses.

36967

(E) Mine electricians.

36968

(F) Surface mine blasters.

36969

(G) Shot firers.

36970

The chief annually shall provide for the examination of	36971
candidates for appointment or promotion as deputy mine inspectors	36972
and such other positions and offices set forth in division (A) of	36973
this section as are necessary. Special examinations may be held	36974
whenever it becomes necessary to make appointments to any of those	36975
positions.	36976

The chief shall provide for the examination of persons	36977
seeking certificates of competency as mine forepersons,	36978
forepersons, mine electricians, shot firers, surface mine	36979
blasters, and fire bosses quarterly or more often as required, at	36980
such times and places within the state as shall, in the judgment	36981
of the chief, afford the best facilities to the greatest number of	36982
applicants. Public notice shall be given through the press or	36983
otherwise, not less than ten days in advance, announcing the time	36984
and place at which examinations under this section are to be held.	36985

The examinations provided for in this section shall be	36986
conducted under rules adopted under section 1561.05 of the Revised	36987
Code and conditions prescribed by the chief. Any rules that relate	36988
to particular candidates shall, upon application of any candidate,	36989
be furnished to the candidate by the chief; they shall also be of	36990
uniform application to all candidates in the several groups.	36991

Sec. 1561.35. If the deputy mine inspector finds that any	36992
matter, thing, or practice connected with any mine and not	36993
prohibited specifically by law is dangerous or hazardous, or that	36994
from a rigid enforcement of this chapter and Chapters ~~1509.,~~	36995
1563., 1565., and 1567. and applicable provisions of Chapter 1509.	36996
of the Revised Code, the matter, thing, or practice would become	36997
dangerous and hazardous so as to tend to the bodily injury of any	36998
person, the deputy mine inspector forthwith shall give notice in	36999
writing to the owner, lessee, or agent of the mine of the	37000
particulars in which the deputy mine inspector considers the mine	37001
or any matter, thing, or practice connected therewith is dangerous	37002
or hazardous and recommend changes that the conditions require,	37003
and forthwith shall mail a copy of the report and the deputy mine	37004
inspector's recommendations to the chief of the division of	37005
mineral resources management. Upon receipt of the report and	37006
recommendations, the chief forthwith shall make a finding thereon	37007
and mail a copy to the owner, operator, lessee, or agent of the	37008
mine, and to the deputy mine inspector; a copy of the finding of	37009
the chief shall be posted upon the bulletin board of the mine.	37010
Where the miners have a mine safety committee, one additional copy	37011
shall be posted on the bulletin board for the use and possession	37012
of the committee.	37013

The owner, operator, lessee, or agent of the mine, or the	37014
authorized representative of the workers of the mine, within ten	37015
days may appeal to the reclamation commission for a review and	37016
redetermination of the finding of the chief in the matter in	37017
accordance with section 1513.13 of the Revised Code,	37018
notwithstanding division (A)(1) of that section, which provides	37019
for appeals within thirty days. A copy of the decision of the	37020
commission shall be mailed as required by this section for the	37021
mailing of the finding by the chief on the deputy mine inspector's	37022
report.	37023

Sec. 1561.49. The chief of the division of mineral resources	37024
management may designate not more than thirty deputy mine	37025
inspectors, at least one of whom shall be classified and appointed	37026
as electrical inspector provided for in division (B) of section	37027
1561.12 of the Revised Code; ~~one gas storage well inspector;~~ one	37028
superintendent of rescue stations; three assistant superintendents	37029
of rescue stations; three chemists; and such clerks,	37030
stenographers, and other employees as are necessary for the	37031
administration of this chapter and Chapters 1563., 1565., and	37032
1567., and applicable provisions of Chapter 1509. of the Revised	37033
Code.	37034

Such officers, employees, and personnel shall be appointed	37035
and employed under such conditions and qualifications as set forth	37036
in ~~such~~those chapters.	37037

Sec. 1563.06. For the purpose of making the examinations	37038
provided for in this chapter and Chapters ~~1509.,~~ 1561., 1565., and	37039
1567. and applicable provisions of Chapter 1509. of the Revised	37040
Code, the chief of the division of mineral resources management,	37041
and each deputy mine inspector, may enter any mine at a reasonable	37042
time, by day or by night, but in such manner as will not	37043
necessarily impede the working of the mine, and the owner, lessee,	37044
or agent thereof shall furnish the means necessary for such entry	37045
and examination.	37046

Sec. 1563.24. In all mines generating methane in such	37047
quantities as to be considered a gaseous mine under section	37048
1563.02 of the Revised Code, the mine foreperson of such a mine	37049
shall:	37050

(A) Employ a sufficient number of competent persons holding	37051
foreperson of gaseous mines or fire boss certificates, except as	37052
provided in section 1565.02 of the Revised Code, to examine the	37053
working places whether they are in actual course of working or	37054
not, and the traveling ways and entrances to old workings with	37055
approved flame safety lamps, all of which shall be done not more	37056
than three hours prior to the time fixed for the employees to	37057
enter ~~such~~the mine;	37058

(B) Have all old parts of the mine not in the actual course	37059
of working, but that are open and safe to travel, examined not	37060
less than once each three days by a competent person who holds a	37061
foreperson of gaseous mines or a fire boss certificate;	37062

(C) See that all parts of the mine not sealed off as provided	37063
in section 1563.41 of the Revised Code are kept free from standing	37064
gas, and upon the discovery of any standing gas, see that the	37065
entrance to the place where the gas is so discovered is fenced off	37066
and marked with a sign upon which is written the word "danger,"	37067
and ~~such~~the sign shall so remain until ~~such~~the gas has been	37068
removed;	37069

(D) Have the mine examined on all idle days, holidays, and	37070
Sundays on which employees are required to work therein;	37071

(E) If more than three hours elapse between shifts, have the	37072
places in which the succeeding shift works examined by a competent	37073
person who holds a foreperson of gaseous mines or fire boss	37074
certificate;	37075

(F) See that this chapter and Chapters ~~1509.,~~ 1561., 1565.,	37076
and 1567. and applicable provisions of Chapter 1509. of the	37077
Revised Code, with regard to examination of working places,	37078
removal of standing gas, and fencing off of dangerous places, are	37079
complied with before the employees employed by the mine foreperson	37080
for this particular work are permitted to do any other work;	37081

(G) Have a report made on the blackboard provided for in	37082
section 1567.06 of the Revised Code, which report shall show the	37083
condition of the mine as to the presence of gas and the place	37084
where such gas is present, if there is any, before the mine	37085
foreperson permits the employees to enter the mine;	37086

(H) Have reports of the duties and activities enumerated in	37087
this section signed by the person who makes ~~such~~the examination.	37088
The reports so signed shall be sent once each week to the deputy	37089
mine inspector of the district in which the mine is located on	37090
blanks furnished by the division of mineral resources management	37091
for that purpose, and a copy of ~~such~~the report shall be kept on	37092
file at the mine.	37093

(I) Have the fire boss record a report after each	37094
examination, in ink, in the fire boss' record book, which book	37095
shall show the time taken in making the examination and also	37096
clearly state the nature and location of any danger that was	37097
discovered in any room, entry, or other place in the mine, and, if	37098
any danger was discovered, the fire boss shall immediately report	37099
the location thereof to the mine foreperson.	37100

No person shall enter the mine until the fire bosses return	37101
to the mine office on the surface, or to a station located in the	37102
mine, where a record book as provided for in this section shall be	37103
kept and signed by the person making the examination, and report	37104
to the oncoming mine foreperson that the mine is in safe condition	37105
for the employees to enter. When a station is located in any mine,	37106
the fire bosses shall sign also the report entered in the record	37107
book in the mine office on the surface. The record books of the	37108
fire bosses shall at all times during working hours be accessible	37109
to the deputy mine inspector and the employees of the mine.	37110

In every mine generating explosive gas in quantities	37111
sufficient to be detected by an approved flame safety lamp, when	37112
the working portions are one mile or more from the entrance to the	37113
mine or from the bottom of the shaft or slope, a permanent station	37114
of suitable dimensions may be erected by the mine foreperson,	37115
provided that the location is approved by the deputy mine	37116
inspector, for the use of the fire bosses, and a fireproof vault	37117
of ample strength shall be erected in ~~such~~the station of brick,	37118
stone, or concrete, in which the temporary record book of the fire	37119
bosses, as described in this section, shall be kept. No person,	37120
except a mine foreperson of gaseous mines, and in case of	37121
necessity such other persons as are designated by the mine	37122
foreperson, shall pass beyond the permanent station and danger	37123
signal until the mine has been examined by a fire boss, and the	37124
mine or certain portions thereof reported by the fire boss to be	37125
safe.	37126

This section does not prevent a mine foreperson or foreperson	37127
of gaseous mines from being qualified to act and acting in the	37128
capacity of fire boss. The record book shall be supplied by the	37129
division and purchased by the operator.	37130

No mine foreperson or person delegated by the mine	37131
foreperson, or any operator of a mine, or other person, shall	37132
refuse or neglect to comply with this section.	37133

Sec. 1563.28. The ~~man~~worker performing the duties of fire	37134
boss shall, in an approved manner, use a flame safety lamp when	37135
making examinations under this chapter and Chapters ~~1509.,~~ 1561.,	37136
1565., and 1567. and applicable provisions of Chapter 1509. of the	37137
Revised Code. As evidence of such examinations hethe fire boss	37138
shall mark with chalk, upon the face of the coal or in some other	37139
conspicuous place, ~~his~~the fire boss's initials and the date of	37140
the month that ~~such~~the examination is made, and shall fully	37141
comply with all the law relating to gas and ~~his~~the fire boss's	37142
duties as to making such examinations. After making ~~his~~such an	37143
examination and report, prior to employees entering the mine for	37144
the oncoming shift, hethe fire boss who made the examination or	37145
another fire boss shall return to the working places with the	37146
employees at the starting time of the oncoming shift.	37147

No person shall refuse or neglect to comply with this	37148
section.	37149

Sec. 1571.01. As used in this chapter, unless other meaning	37150
is clearly indicated in the context:	37151

(A) "Gas storage reservoir" or "storage reservoir" or	37152
"reservoir" means a continuous area of a subterranean porous sand	37153
or rock stratum or strata, any part of which or of the protective	37154
area of which, is within a coal bearing township, into which gas	37155
is or may be injected for the purpose of storing it therein and	37156
removing it therefrom, or for the purpose of testing whether such	37157
stratum is suitable for such storage purposes.	37158

(B) "Gas" means any natural, manufactured, or by-product gas	37159
or any mixture thereof.	37160

(C) "Reservoir operator" or "operator," when used in	37161
referring to the operator of a gas storage reservoir, means a	37162
person who is engaged in the work of preparing to inject, or who	37163
injects gas into, or who stores gas in, or who removes gas from, a	37164
gas storage reservoir, and who owns the right to do so.	37165

(D)(1) "Boundary," when used in referring to the boundary of	37166
a gas storage reservoir, means the boundary of such reservoir as	37167
shown on the map or maps thereof on file in the division of	37168
~~mineral~~oil and gas resources management as required by this	37169
chapter.	37170

(2) "Boundary," when used in referring to the boundary of a	37171
reservoir protective area, means the boundary of such reservoir	37172
protective area as shown on the map or maps thereof on file in the	37173
division as required by this chapter.	37174

(E) "Reservoir protective area" or "reservoir's protective	37175
area" means the area of land outside the boundary of a gas storage	37176
reservoir shown as such on the map or maps thereof on file in the	37177
division as required by this chapter. The area of land shown on	37178
such map or maps as such reservoir protective area shall be	37179
outside the boundary of such reservoir, and shall encircle such	37180
reservoir and touch all parts of the boundary of such reservoir,	37181
and no part of the outside boundary of such protective area shall	37182
be less than two thousand nor more than five thousand linear feet	37183
distant from the boundary of such reservoir.	37184

(F) "Coal bearing township" means a township designated as a	37185
coal bearing township by the chief of the division of mineral	37186
resources management as required by section 1561.06 of the Revised	37187
Code.	37188

(G) "Coal mine" means the underground excavations of a mine	37189
that are being used or are usable or are being developed for use	37190
in connection with the extraction of coal from its natural deposit	37191
in the earth. "Underground excavations," when used in referring to	37192
the underground excavations of a coal mine, includes the abandoned	37193
underground excavations of such mine. It also includes the	37194
underground excavations of an abandoned coal mine if such	37195
abandoned mine is connected with underground excavations of a coal	37196
mine. "Coal mine" does not mean or include:	37197

(1) A mine in which coal is extracted from its natural	37198
deposit in the earth by strip or open pit mining methods or by	37199
other methods by which individuals are not required to go	37200
underground in connection with the extraction of coal from its	37201
natural deposit in the earth;	37202

(2) A mine in which not more than fourteen individuals are	37203
regularly employed underground.	37204

(H) "Operator," when used in referring to the operator of a	37205
coal mine, means a person who engages in the work of developing	37206
such mine for use in extracting coal from its natural deposit in	37207
the earth, or who so uses such mine, and who owns the right to do	37208
so.	37209

(I) "Boundary," when used in referring to the boundary of a	37210
coal mine, means the boundary of the underground excavations of	37211
such mine as shown on the maps of such mine on file in the	37212
division of mineral resources management as required by sections	37213
1563.03 to 1563.05 and 1571.03 of the Revised Code.	37214

(J) "Mine protective area" or "mine's protective area" means	37215
the area of land that the operator of a coal mine designates and	37216
shows as such on the map or maps of such coal mine filed with the	37217
division as required by sections 1563.03 to 1563.05 and 1571.03 of	37218
the Revised Code. Such area of land shall be outside of the	37219
boundary of such coal mine, but some part of the boundary of such	37220
area of land shall abut upon a part of the boundary of such coal	37221
mine. Such area of land shall be comprised of such tracts of land	37222
in which such coal mine operator owns the right to extract coal	37223
therefrom by underground mining methods and in which underground	37224
excavations of such coal mine are likely to be made within the	37225
ensuing year for use in connection with the extraction of coal	37226
therefrom.	37227

(K) "Pillar" means a solid block of coal or other material	37228
left unmined to support the overlying strata in a coal mine, or to	37229
protect a well.	37230

(L) "Retreat mining" means the removal of pillars and ribs	37231
and stumps and other coal remaining in a section of a coal mine	37232
after the development mining has been completed in such section.	37233

(M) "Linear feet," when used to indicate distance between two	37234
points that are not in the same plane, means the length in feet of	37235
the shortest horizontal line that connects two lines projected	37236
vertically upward or downward from the two points.	37237

(N) "Map" means a graphic representation of the location and	37238
size of the existing or proposed items it is made to represent,	37239
accurately drawn according to a given scale.	37240

(O) "Well" means any hole, drilled or bored, or being drilled	37241
or bored, into the earth, whether for the purpose of, or whether	37242
used for:	37243

(1) Producing or extracting any gas or liquid mineral, or	37244
natural or artificial brines, or oil field waters;	37245

(2) Injecting gas into or removing gas from an underground	37246
gas storage reservoir;	37247

(3) Introducing water or other liquid pressure into an oil	37248
bearing sand to recover oil contained in such sand, provided that	37249
"well" does not mean a hole drilled or bored, or being drilled or	37250
bored, into the earth, whether for the purpose of, or whether used	37251
for, producing or extracting potable water to be used as such.	37252

(P) "Testing" means injecting gas into, or storing gas in or	37253
removing gas from, a gas storage reservoir for the sole purpose of	37254
determining whether such reservoir is suitable for use as a gas	37255
storage reservoir.	37256

(Q) "Casing" means a string or strings of pipe commonly	37257
placed in a well.	37258

(R) "Inactivate" means to shut off temporarily all flow of	37259
gas from a well at a point below the horizon of the coal mine that	37260
might be affected by such flow of gas, by means of a plug or other	37261
suitable device or by injecting water, bentonite, or some other	37262
equally nonporous material into the well, or any other method	37263
approved by ~~the mineral~~an oil and gas resources inspector.	37264

(S) "Gas storage well inspector" means the gas storage well	37265
inspector in the division.	37266

(T) The verb "open" or the noun "opening," when used in	37267
clauses relating to the time when a coal mine operator intends to	37268
open a new coal mine, or the time when a new coal mine is opened,	37269
or the time of the opening of a new coal mine, or when used in	37270
other similar clauses to convey like meanings, means that time and	37271
condition in the initial development of a new coal mine when the	37272
second opening required by section 1563.14 of the Revised Code is	37273
completed in such mine.	37274

Sec. 1571.012. An applicant for the position of gas storage	37275
well inspector shall register the applicant's name with the chief	37276
of the division of oil and gas resources management and file with	37277
the chief an affidavit as to all matters of fact establishing the	37278
applicant's right to take the examination for that position, a	37279
certificate of good character and temperate habits signed by at	37280
least three reputable citizens of the community in which the	37281
applicant resides, and a certificate from a reputable and	37282
disinterested physician as to the physical condition of the	37283
applicant showing that the applicant is physically capable of	37284
performing the duties of the position. The applicant also shall	37285
present evidence satisfactory to the chief that the applicant has	37286
been a resident and citizen of this state for at least two years	37287
next preceding the date of application.	37288

An applicant shall possess the same qualifications as an	37289
applicant for the position of deputy mine inspector established in	37290
section 1561.12 of the Revised Code. In addition, the applicant	37291
shall have practical knowledge and experience of and in the	37292
operation, location, drilling, maintenance, and abandonment of oil	37293
and gas wells, especially in coal or mineral bearing townships,	37294
and shall have a thorough knowledge of the latest and best method	37295
of plugging and sealing abandoned oil and gas wells.	37296

An applicant for gas storage well inspector shall pass an	37297
examination conducted by the chief to determine the applicant's	37298
fitness to act as gas storage well inspector before being eligible	37299
for appointment.	37300

Sec. 1571.013. (A) The chief of the division of oil and gas	37301
resources management shall conduct examinations for the position	37302
of gas storage well inspector. The chief annually shall provide	37303
for the examination of candidates for appointment as gas storage	37304
well inspector. Special examinations may be held whenever it	37305
becomes necessary to make an appointment of gas storage well	37306
inspector.	37307

(B) Public notice shall be given through the press or	37308
otherwise, not less than ten days in advance, announcing the time	37309
and place at which examinations under this section are to be held.	37310

(C) The examinations provided for in this section shall be	37311
conducted in accordance with rules adopted under section 1571.014	37312
of the Revised Code and conditions prescribed by the chief.	37313

Sec. 1571.014. The chief of the division of oil and gas	37314
resources management shall appoint a gas storage well inspector	37315
from the eligible list of candidates for that position that is	37316
prepared under section 124.24 of the Revised Code. If a vacancy	37317
occurs in the position of gas storage well inspector, the chief	37318
shall fill the position by selecting a person from that list.	37319

The chief shall adopt rules in accordance with Chapter 119.	37320
of the Revised Code that are necessary for conducting examinations	37321
for the position of gas storage well inspector.	37322

Sec. 1571.02. (A) Any reservoir operator who, on September	37323
9, 1957, is injecting gas into, storing gas in, or removing gas	37324
from a reservoir shall within sixty days after such date file with	37325
the division of ~~mineral~~oil and gas resources management a map	37326
thereof as described in division (C) of this section, provided	37327
that if a reservoir operator is, on September 9, 1957, injecting	37328
gas into or storing gas in a reservoir solely for testing, the	37329
reservoir operator shall at once file such map with the division.	37330

(B) If the injection of gas into or storage of gas in a gas	37331
storage reservoir is begun after September 9, 1957, the operator	37332
of such reservoir shall file with the division a map thereof as	37333
described in division (C) of this section, on the same day and not	37334
less than three months prior to beginning such injection or	37335
storage.	37336

(C) Each map filed with the division pursuant to this section	37337
shall be prepared by a registered surveyor, registered engineer,	37338
or competent geologist. It shall show both of the following:	37339

(1) The location of the boundary of such reservoir and the	37340
boundary of such reservoir's protective area, and the known fixed	37341
monuments, corner stones, or other permanent markers in such	37342
boundary lines;	37343

(2) The boundary lines of the counties, townships, and	37344
sections or lots that are within the limits of such map, and the	37345
name of each such county and township and the number of each such	37346
section or lot clearly indicated thereon. The legend of the map	37347
shall indicate the stratum or strata in which the gas storage	37348
reservoir is located.	37349

The location of the boundary of the gas storage reservoir as	37350
shown on the map shall be defined by the location of those wells	37351
around the periphery of such reservoir that had no gas production	37352
when drilled into the storage stratum of such reservoir, provided	37353
that if the operator of such reservoir, upon taking into	37354
consideration the number and nature of such wells, the geological	37355
and production knowledge of the storage stratum, its character,	37356
permeability, and distribution, and operating experience,	37357
determines that the location of the boundary of such reservoir	37358
should be differently defined, the reservoir operator may, on such	37359
map, show the boundary of such reservoir to be located at a	37360
location different than the location defined by the location of	37361
those wells around the periphery of such reservoir that had no gas	37362
production when drilled into the storage stratum.	37363

Whenever the operator of a gas storage reservoir determines	37364
that the location of the boundary of such reservoir as shown on	37365
the most recent map thereof on file in the division pursuant to	37366
this section is incorrect, the reservoir operator shall file with	37367
the division an amended map showing the boundary of such reservoir	37368
to be located at the location that the reservoir operator then	37369
considers to be correct.	37370

(D) Each operator of a gas storage reservoir who files with	37371
the division a map as required by this section shall, at the end	37372
of each six-month period following the date of such filing, file	37373
with the division an amended map showing changes, if any, in the	37374
boundary line of such reservoir or of such reservoir's protective	37375
area that have occurred in the six-month period. Nothing in this	37376
division shall be construed to require such a reservoir operator	37377
to file an amended map at the end of any such six-month period if	37378
no such boundary changes have occurred in such period.	37379

An operator of a gas storage reservoir who is required by	37380
this section to file an amended map with the division shall not be	37381
required to so file such an amended map after such time when the	37382
reservoir operator files with the division a map pertaining to	37383
such reservoir, as provided in section 1571.04 of the Revised	37384
Code.	37385

Sec. 1571.03. (A) Every operator of a coal mine who is	37386
required by sections 1563.03 to 1563.05 of the Revised Code, to	37387
file maps of such mine, shall cause to be shown on each of such	37388
maps, in addition to the boundary lines of each tract under which	37389
excavations are likely to be made during the ensuing year, as	37390
referred to in section 1563.03 of the Revised Code:	37391

(1) The boundary of such coal mine in accordance with the	37392
meaning of the term "boundary" ~~when used in referring to the~~	37393
~~boundary of a coal mine, and the term "coal mine" as those terms~~	37394
~~are defined~~ in section 1571.01 of the Revised Code;	37395

(2) The boundary of the mine protective area of such mine.

37396

This division shall not be construed to amend or repeal any	37397
provisions of sections 1563.03 to 1563.05 of the Revised Code,	37398
either by implication or otherwise.	37399

This division is intended only to add to existing statutory	37400
requirements pertaining to the filing of coal mine maps with the	37401
division of mineral resources management, the requirements	37402
established in this division.	37403

(B) Every operator of a coal mine who believes that any part	37404
of the boundary of such mine is within two thousand linear feet of	37405
a well that is drilled through the horizon of such coal mine and	37406
into or through the storage stratum or strata of a gas storage	37407
reservoir within the boundary of such reservoir or within its	37408
protective area, shall at once send notice to that effect by	37409
registered mail to the operator of such reservoir, the division of	37410
mineral resources management, and to the division of oil and gas	37411
resources management.	37412

(C) Every operator of a coal mine who expects that any part	37413
of the boundary of such mine will, on a date after September 9,	37414
1957, be extended beyond its location on such date to a point	37415
within two thousand linear feet of a well that is drilled through	37416
the horizon of such mine and into or through the stratum or strata	37417
of a gas storage reservoir within the boundary of such reservoir	37418
or within its protective area, shall send at least nine months'	37419
notice of such date and of the location of such well by registered	37420
mail to the operator of such reservoir, the division of mineral	37421
resources management, and to the division of oil and gas resources	37422
management. If at the end of three years after the date stated in	37423
the notice by an operator of a coal mine to an operator of a	37424
storage reservoir as the date upon which part of the boundary of	37425
such coal mine is expected to be extended to a point within two	37426
thousand linear feet of such well, no part of such coal mine is so	37427
extended, the operator of such coal mine shall be liable to the	37428
operator of such storage reservoir for all expenses incurred by	37429
such reservoir operator in doing the plugging or reconditioning of	37430
such well as the reservoir operator is required to do in such	37431
cases as provided in section 1571.05 of the Revised Code. Such	37432
mine operator shall in no event be liable to such reservoir	37433
operator:	37434

(1) For expenses of plugging or reconditioning such well	37435
incurred prior to receipt by such reservoir operator from such	37436
mine operator of a notice as provided for in this division;	37437

(2) For any expenses of plugging or reconditioning such well	37438
if any part of the work of plugging or reconditioning was	37439
commenced prior to receipt by such reservoir operator from such	37440
mine operator of a notice as provided for in this division.	37441

(D) If a person intends to open a new coal mine after	37442
September 9, 1957, and if at the time of its opening any part of	37443
the boundary of such mine will be within two thousand linear feet	37444
of a well that is drilled through the horizon of such mine and	37445
into or through the storage stratum or strata of a gas storage	37446
reservoir within the boundary of such reservoir or within its	37447
protective area, such person shall send by registered mail to the	37448
operator of such storage reservoir, the division of mineral	37449
resources management, and to the division of oil and gas resources	37450
management at least nine months' notice of the date upon which the	37451
person intends to open such mine, and of the location of such	37452
well. If at the end of nine months after the date stated in the	37453
notice by an operator of a coal mine to an operator of a storage	37454
reservoir, the division of mineral resources management, and to	37455
the division of oil and gas resources management, as the date upon	37456
which such coal mine operator intends to open such new mine, such	37457
new mine is not opened, the operator of such coal mine shall be	37458
liable to the operator of such storage reservoir for all expenses	37459
incurred by such reservoir operator in doing the plugging or	37460
reconditioning of such well as the reservoir operator is required	37461
to do in such cases as provided in section 1571.05 of the Revised	37462
Code, provided:	37463

(1) That such mine operator may, prior to the end of nine	37464
months after the date stated in such mine operator's notice to	37465
such reservoir operator, the division of mineral resources	37466
management, and the division of oil and gas resources management	37467
as the date upon which the mine operator intended to open such new	37468
mine, notify such reservoir operator, the division of mineral	37469
resources management, and the division of oil and gas resources	37470
management in writing by registered mail, that the opening of such	37471
new mine will be delayed beyond the end of such nine-month period	37472
of time, and that the mine operator requests that a conference be	37473
held as provided in section 1571.10 of the Revised Code for the	37474
purpose of endeavoring to reach an agreement establishing a date	37475
subsequent to the end of such nine-month period of time, on or	37476
before which such mine operator may open such new mine without	37477
being liable to pay such reservoir operator expenses incurred by	37478
such reservoir operator in plugging or reconditioning such well as	37479
in this division provided;	37480

(2) That if such mine operator sends to such reservoir	37481
operator, the division of mineral resources management, and to the	37482
division of oil and gas resources management a notice and request	37483
for a conference as provided in division (D)(1) of this section,	37484
such mine operator shall not be liable to pay such reservoir	37485
operator for expenses incurred by such reservoir operator in	37486
plugging and reconditioning such well, unless such mine operator	37487
fails to open such new mine within the period of time fixed by an	37488
approved agreement reached in such conference, or fixed by an	37489
order by the chief of the division of ~~mineral~~oil and gas	37490
resources management upon a hearing held in the matter in the	37491
event of failure to reach an approved agreement in the	37492
conference;. After issuing an order under this division, the chief	37493
shall notify the chief of the division of mineral resources	37494
management and send a copy of the order to the chief.	37495

(3) That such mine operator shall in no event be liable to	37496
such reservoir operator:	37497

(a) For expense of plugging or reconditioning such well	37498
incurred prior to the receipt by such reservoir operator from such	37499
mine operator of the notice of the date upon which such mine	37500
operator intends to open such new mine;	37501

(b) For any expense of plugging or reconditioning such well	37502
if any part of the work of plugging or reconditioning was	37503
commenced prior to receipt by such reservoir operator from such	37504
mine operator of such notice.	37505

Sec. 1571.04. (A) Upon the filing of each map or amended map	37506
with the division of ~~mineral~~oil and gas resources management by	37507
operators of gas storage reservoirs as required by this chapter,	37508
and each coal mine map with the division of mineral resources	37509
management as required by sections 1563.03 to 1563.05 and division	37510
(A) of section 1571.03 of the Revised Code, the gas storage well	37511
inspector shall cause an examination to be made of all maps on	37512
file in ~~the division~~those divisions as the gas storage well	37513
inspector may deem necessary to ascertain whether any part of a	37514
reservoir protective area as shown on any such map is within ten	37515
thousand linear feet of any part of the boundary of a coal mine as	37516
shown on any such map. If, upon making that examination, the gas	37517
storage well inspector finds that any part of such a reservoir	37518
protective area is within ten thousand linear feet of any part of	37519
the boundary of such a coal mine, the gas storage well inspector	37520
shall promptly send by registered mail notice to that effect to	37521
the operator of the reservoir and to the operator of the coal	37522
mine.	37523

(B) Within sixty days after receipt by an operator of a gas	37524
storage reservoir of a notice from the gas storage well inspector	37525
under division (A) of this section, such operator shall file on	37526
the same day with both the division ~~a map~~of mineral resources	37527
management and the division of oil and gas resources management	37528
identical maps prepared by a registered surveyor, registered	37529
engineer, or competent geologist, which shall do all of the	37530
following:	37531

(1) Indicate the stratum or strata in which such gas storage	37532
reservoir is located;	37533

(2) Show the location of the boundary of the reservoir and	37534
the boundary of its protective area, and the known fixed	37535
monuments, corner stones, or other permanent markers in such	37536
boundary lines;	37537

(3) Show the boundary lines of the counties, townships, and	37538
sections or lots that are within the limits of such maps, and the	37539
name of each such county and township and the number of each such	37540
section or lot clearly indicated thereon;	37541

(4) Show the location of all oil or gas wells known to the	37542
operator of such reservoir that have been drilled within the	37543
boundary of the reservoir or within its protective area, and	37544
indicate which of such wells, if any, have been or are to be	37545
plugged or reconditioned for use in the operation of such	37546
reservoir.	37547

The location of the boundary of the gas storage reservoir as	37548
shown on the maps shall be defined by the location of those wells	37549
around the periphery of the reservoir that had no gas production	37550
when drilled into the storage stratum of the reservoir, provided	37551
that, if the operator of the reservoir, upon taking into	37552
consideration the number and nature of such wells, the geological	37553
and production knowledge of the storage stratum, its character,	37554
permeability, and distribution, and operating experience,	37555
determines that the location of the boundary of the reservoir	37556
should be differently defined, the reservoir operator may, on the	37557
maps, show the boundary of the reservoir to be located at a	37558
location different from the location defined by the location of	37559
those wells around the periphery of the reservoir that had no gas	37560
production when drilled into the storage stratum.	37561

(C) Any coal mine operator who receives from the gas storage	37562
well inspector a copy of a map as provided by division (E) of this	37563
section may request the gas storage well inspector to furnish the	37564
coal mine operator with:	37565

(1) The name of the original operator of any well shown on	37566
such map;	37567

(2) The date drilling of such well was completed;

37568

(3) The total depth of such well;

37569

(4) The depth at which oil or gas was encountered in such	37570
well if it was productive of oil or gas;	37571

(5) The initial rock pressure of such well;

37572

(6) A copy of the log of the driller of such well or other	37573
similar data;	37574

(7) The location of such well in respect to the property	37575
lines of the tract of land on which it is located;	37576

(8) A statement as to whether the well is inactive or active:

37577

(a) If inactive, the date of plugging and other pertinent	37578
data;	37579

(b) If active, whether it is being used for test purposes or	37580
storage purposes;.	37581

(9) A statement of the maximum injection pressure	37582
contemplated by the operator of the reservoir shown on such map.	37583

Upon receipt of such a request, the gas storage well	37584
inspector shall promptly furnish the coal mine operator the	37585
information requested. If the information is not ascertainable	37586
from the files in the division of oil and gas resources	37587
management, the gas storage well inspector shall request the	37588
reservoir operator to furnish the division with such information	37589
to the extent that the reservoir operator has knowledge thereof.	37590
Upon receipt of such a request, the reservoir operator shall	37591
promptly furnish such information to the division. Thereupon the	37592
gas storage well inspector shall promptly transmit such	37593
information to the mine operator who requested it.	37594

Whenever the operator of a gas storage reservoir determines	37595
that the location of the boundary of the reservoir as shown on the	37596
most recent map thereof on file in the division pursuant to this	37597
section is incorrect, the reservoir operator shall file with the	37598
division an amended map showing the boundary of the reservoir to	37599
be located at the location that the reservoir operator then	37600
considers to be correct.	37601

(D) Each operator of a gas storage reservoir who files ~~a map~~	37602
with the division of mineral resources management and the division	37603
of oil and gas resources management maps as required by this	37604
section shall, at the end of each six-month period following the	37605
date of such filing, file with ~~the~~each division anidentical	37606
amended ~~map~~maps showing changes in the boundary line of the	37607
reservoir or of the reservoir's protective area that have occurred	37608
in the six-month period, and further showing or describing any	37609
other occurrences within that six-month period that cause the most	37610
recent ~~map~~maps on file and pertaining to the reservoir to no	37611
longer be correct. Nothing in this division shall be construed to	37612
require such a reservoir operator to file an amended map at the	37613
end of any such six-month period if no boundary changes or other	37614
occurrences have occurred in that period. The operator of the	37615
reservoir shall also file with the division of mineral resources	37616
management and the division of oil and gas resources management,	37617
subsequent to the filing of ~~a map~~maps as provided for in division	37618
(B) of this section, a statement whenever changing the maximum	37619
injection pressure is contemplated, stating for each affected well	37620
within the boundary of the reservoir or its protective area, the	37621
amount of change of injection pressure contemplated. The location	37622
or drilling of new wells or the abandonment or reconditioning of	37623
wells shall not be considered to be occurrences requiring the	37624
filing of an amended map or statement.	37625

(E) Promptly upon the filing with the division of oil and gas	37626
resources management of a map or an amended map pertaining to a	37627
gas storage reservoir under this section, the gas storage well	37628
inspector shall send by registered mail to the operator of the	37629
coal mine a part of the boundary of which is within ten thousand	37630
linear feet of any part of the boundary of the reservoir or of the	37631
outside boundary of the reservoir's protective area, notice of the	37632
filing together with a copy of the map.	37633

(F) When the operator of a gas storage reservoir files with	37634
the division ~~a map~~of mineral resources management and the	37635
division of oil and gas resources management maps or an amended	37636
~~map~~maps under this section, the reservoir operator shall file as	37637
many copies of the ~~map~~maps as ~~the~~each division may require for	37638
its files and as are needed for sending a copy to each coal mine	37639
operator under division (E) of this section.	37640

Sec. 1571.05. (A) Whenever any part of a gas storage	37641
reservoir or any part of its protective area underlies any part of	37642
a coal mine, or is, or within nine months is expected or intended	37643
to be, within two thousand linear feet of the boundary of a coal	37644
mine that is operating in a coal seam any part of which extends	37645
over any part of the storage reservoir or its protective area, the	37646
operator of the reservoir, if the reservoir operator or some other	37647
reservoir operator has not theretofore done so, shall:	37648

(1) Use every known method that is reasonable under the	37649
circumstance for discovering and locating all wells drilled within	37650
the area of the reservoir or its protective area that underlie any	37651
part of the coal mine or its protective area;	37652

(2) Plug or recondition all known wells drilled within the	37653
area of the reservoir or its protective area that underlie any	37654
part of the coal mine.	37655

(B) Whenever an operator of a gas storage reservoir is	37656
notified by the operator of a coal mine, as provided in division	37657
(B) of section 1571.03 of the Revised Code, that the coal mine	37658
operator believes that part of the boundary of the mine is within	37659
two thousand linear feet of a well that is drilled through the	37660
horizon of the coal mine and into or through the storage stratum	37661
or strata of the reservoir within the boundary of the reservoir or	37662
within its protective area, the reservoir operator shall plug or	37663
recondition the well as in this section prescribed, unless it is	37664
agreed in a conference or is ordered by the chief of the division	37665
of ~~mineral~~oil and gas resources management after a hearing, as	37666
provided in section 1571.10 of the Revised Code, that the well	37667
referred to in the notice is not such a well as is described in	37668
division (B) of section 1571.03 of the Revised Code.	37669

Whenever an operator of a gas storage reservoir is notified	37670
by the operator of a coal mine as provided in division (C) or (D)	37671
of section 1571.03 of the Revised Code, that part of the boundary	37672
of the mine is, or within nine months is intended or expected to	37673
be, within two thousand linear feet of a well that is drilled	37674
through the horizon of the mine and into or through the storage	37675
stratum or strata of the reservoir within the boundary of the	37676
reservoir or within its protective area, the reservoir operator	37677
shall plug or recondition the well as in this section prescribed.	37678

Whenever the operator of a coal mine considers that the use	37679
of a well such as in this section described, if used for injecting	37680
gas into, or storing gas in, or removing gas from, a gas storage	37681
reservoir, would be hazardous to the safety of persons or property	37682
on or in the vicinity of the premises of the coal mine or the	37683
reservoir or well, the coal mine operator may file with the	37684
division objections to the use of the well for such purposes, and	37685
a request that a conference be held as provided in section 1571.10	37686
of the Revised Code, to discuss and endeavor to resolve by mutual	37687
agreement whether or not the well shall or shall not be used for	37688
such purposes, and whether or not the well shall be reconditioned,	37689
inactivated, or plugged. The request shall set forth the mine	37690
operator's reasons for such objections. If no approved agreement	37691
is reached in the conference, the gas storage well inspector shall	37692
within ten days after the termination of the conference, file with	37693
the chief a request that the chief hear and determine the matters	37694
considered at the conference as provided in section 1571.10 of the	37695
Revised Code. Upon conclusion of the hearing, the chief shall find	37696
and determine whether or not the safety of persons or of the	37697
property on or in the vicinity of the premises of the coal mine,	37698
or the reservoir, or the well requires that the well be	37699
reconditioned, inactivated, or plugged, and shall make an order	37700
consistent with that determination, provided that the chief shall	37701
not order a well plugged unless the chief first finds that there	37702
is underground leakage of gas therefrom.	37703

The plugging or reconditioning of each well described in a	37704
notice from a coal mine operator to a reservoir operator as	37705
provided in division (B) of section 1571.03 of the Revised Code,	37706
which must be plugged or reconditioned, shall be completed within	37707
such time as the gas storage well inspector may fix in the case of	37708
each such well. The plugging or reconditioning of each well	37709
described in a notice from a coal mine operator to a reservoir	37710
operator as provided in division (C) of section 1571.03 of the	37711
Revised Code, which must be plugged or reconditioned, shall be	37712
completed by the time the well, by reason of the extension of the	37713
boundary of the coal mine, is within two thousand linear feet of	37714
any part of the boundary of the mine. The plugging or	37715
reconditioning of each well described in a notice from a coal mine	37716
operator to a reservoir operator, as provided in division (D) of	37717
section 1571.03 of the Revised Code, which must be plugged or	37718
reconditioned, shall be completed by the time the well, by reason	37719
of the opening of the new mine, is within two thousand linear feet	37720
of any part of the boundary of the new mine. A reservoir operator	37721
who is required to complete the plugging or reconditioning of a	37722
well within a period of time fixed as in this division prescribed,	37723
may prior to the end of that period of time, notify the division	37724
and the mine operator from whom the reservoir operator received a	37725
notice as provided in division (B), (C), or (D) of section 1571.03	37726
of the Revised Code, in writing by registered mail, that the	37727
completion of the plugging or reconditioning of the well referred	37728
to in the notice will be delayed beyond the end of the period of	37729
time fixed therefor as in this section provided, and that the	37730
reservoir operator requests that a conference be held for the	37731
purpose of endeavoring to reach an agreement establishing a date	37732
subsequent to the end of that period of time, on or before which	37733
the reservoir operator may complete the plugging or reconditioning	37734
without incurring any penalties for failure to do so as provided	37735
in this chapter. If such a reservoir operator sends to such a mine	37736
operator and to the division a notice and request for a conference	37737
as in this division provided, the reservoir operator shall not	37738
incur any penalties for failure to complete the plugging or	37739
reconditioning of the well within the period of time fixed as in	37740
this division prescribed, unless the reservoir operator fails to	37741
complete the plugging or reconditioning of the well within the	37742
period of time fixed by an approved agreement reached in the	37743
conference, or fixed by an order by the chief upon a hearing held	37744
in the matter in the event of failure to reach an approved	37745
agreement in the conference.	37746

Whenever, in compliance with this division, a well is to be	37747
plugged by a reservoir operator, the operator shall give to the	37748
division notice thereof, as many days in advance as will be	37749
necessary for the gas storage well inspector or a deputy mine	37750
inspector to be present at the plugging. The notification shall be	37751
made on blanks furnished by the division and shall show the	37752
following information:	37753

(1) Name and address of the applicant;

37754

(2) The location of the well identified by section or lot	37755
number, city or village, and township and county;	37756

(3) The well name and number of each well to be plugged.

37757

(C) The operator shall give written notice at the same time	37758
to the owner of the land upon which the well is located, the	37759
owners or agents of the adjoining land, and adjoining well owners	37760
or agents of the operator's intention to abandon the well, and of	37761
the time when the operator will be prepared to commence plugging	37762
and filling the same. In addition to giving such notices, the	37763
reservoir operator shall also at the same time send a copy of the	37764
notice by registered mail to the coal mine operator, if any, who	37765
sent to the reservoir operator the notice as provided in division	37766
(B), (C), or (D) of section 1571.03 of the Revised Code, in order	37767
that the coal mine operator or the coal mine operator's designated	37768
representative may attend and observe the manner in which the	37769
plugging of the well is done.	37770

If the reservoir operator plugs the well without anthe gas	37771
storage well inspector ~~from the division~~or a deputy mine	37772
inspector being present to supervise the plugging, the reservoir	37773
operator shall send to the division and to the coal mine operator	37774
a copy of the report of the plugging of the well, including in the	37775
report:	37776

(1) The date of abandonment;

37777

(2) The name of the owner or operator of the well at the time	37778
of abandonment and the well owner's or operator's post office	37779
address;	37780

(3) The location of the well as to township and county and	37781
the name of the owner of the surface upon which the well is	37782
drilled, with the address thereof;	37783

(4) The date of the permit to drill;

37784

(5) The date when drilled;

37785

(6) Whether the well has been mapped;

37786

(7) The depth of the well;

37787

(8) The depth of the top of the sand to which the well was	37788
drilled;	37789

(9) The depth of each seam of coal drilled through;

37790

(10) A detailed report as to how the well was plugged, giving	37791
in particular the manner in which the coal and various sands were	37792
plugged, and the date of the plugging of the well, including	37793
therein the names of those who witnessed the plugging of the well.	37794

The report shall be signed by the operator or the operator's	37795
agent who plugged the well and verified by the oath of the party	37796
so signing. For the purposes of this section, a deputy mine	37797
inspector may take acknowledgements and administer oaths to the	37798
parties signing the report.	37799

Whenever, in compliance with this division, a well is to be	37800
reconditioned by a reservoir operator, the operator shall give to	37801
the division notice thereof as many days before the reconditioning	37802
is begun as will be necessary for the gas storage well inspector,	37803
or a deputy mine inspector, to be present at the reconditioning.	37804
No well shall be reconditioned if an inspector of the division is	37805
not present unless permission to do so has been granted by the	37806
chief. The reservoir operator, at the time of giving notice to the	37807
division as in this section required, also shall send a copy of	37808
the notice by registered mail to the coal mine operator, if any,	37809
who sent to the reservoir operator the notice as provided in	37810
division (B), (C), or (D) of section 1571.03 of the Revised Code,	37811
in order that the coal mine operator or the coal mine operator's	37812
designated representative may attend and observe the manner in	37813
which the reconditioning of the well is done.	37814

If the reservoir operator reconditions the well when nothe	37815
gas storage well inspector ~~of the division~~or a deputy mine	37816
inspector is not present to supervise the reconditioning, the	37817
reservoir operator shall make written report to the division	37818
describing the manner in which the reconditioning was done, and	37819
shall send to the coal mine operator a copy of the report by	37820
registered mail.	37821

(D) Wells that are required by this section to be plugged	37822
shall be plugged in the manner specified in sections 1509.13 to	37823
1509.17 of the Revised Code, and the operator shall give the	37824
notifications and reports required by divisions (B) and (C) of	37825
this section. No such well shall be plugged or abandoned without	37826
the written approval of the division, and no such well shall be	37827
mudded, plugged, or abandoned without the gas storage well	37828
inspector or a deputy mine inspector present unless written	37829
permission has been granted by the chief or the gas storage well	37830
inspector. For purposes of this section, the chief of the division	37831
of mineral resources management has the authority given the chief	37832
of the division of oil and gas resources management in sections	37833
1509.15 and 1509.17 of the Revised Code. If such a well has been	37834
plugged prior to the time plugging thereof is required by this	37835
section, and, on the basis of the data, information, and other	37836
evidence available it is determined that the plugging was done in	37837
the manner required by this section, or was done in accordance	37838
with statutes prescribing the manner of plugging wells in effect	37839
at the time the plugging was done, and that there is no evidence	37840
of leakage of gas from the well either at or below the surface,	37841
and that the plugging is sufficiently effective to prevent the	37842
leakage of gas from the well, the obligations imposed upon the	37843
reservoir operator by this section as to plugging the well shall	37844
be considered fully satisfied. The operator of a coal mine any	37845
part of the boundary of which is, or within nine months is	37846
expected or intended to be, within two thousand linear feet of the	37847
well may at any time raise a question as to whether the plugging	37848
of the well is sufficiently effective to prevent the leakage of	37849
gas therefrom, and the issue so made shall be determined by a	37850
conference or hearing as provided in section 1571.10 of the	37851
Revised Code.	37852

(E) Wells that are to be reconditioned as required by this	37853
section shall be, or shall be made to be:	37854

(1) Cased in accordance with the statutes of this state in	37855
effect at the time the wells were drilled, with the casing being,	37856
or made to be, sufficiently effective in that there is no evidence	37857
of any leakage of gas therefrom;	37858

(2) Equipped with a producing string and well head composed	37859
of new pipe, or pipe as good as new, and fittings designed to	37860
operate with safety and to contain the stored gas at maximum	37861
pressures contemplated.	37862

When a well that is to be reconditioned as required by this	37863
section has been reconditioned for use in the operation of the	37864
reservoir prior to the time prescribed in this section, and on the	37865
basis of the data, information, and other evidence available it is	37866
determined that at the time the well was so reconditioned the	37867
requirements prescribed in this division were met, and that there	37868
is no evidence of underground leakage of gas from the well, and	37869
that the reconditioning is sufficiently effective to prevent	37870
underground leakage from the well, the obligations imposed upon	37871
the reservoir operator by this section as to reconditioning the	37872
well shall be considered fully satisfied. Any operator of a coal	37873
mine any part of the boundary of which is, or within nine months	37874
is expected or intended to be, within two thousand linear feet of	37875
the well may at any time raise a question as to whether the	37876
reconditioning of the well is sufficiently effective to prevent	37877
underground leakage of gas therefrom, and the issue so made shall	37878
be determined by a conference or hearing as provided in section	37879
1571.10 of the Revised Code.	37880

If the gas storage well inspector at any time finds that a	37881
well that is drilled through the horizon of a coal mine and into	37882
or through the storage stratum or strata of a reservoir within the	37883
boundary of the reservoir or within its protective area is located	37884
within the boundary of the coal mine or within two thousand linear	37885
feet of the mine boundary, and was drilled prior to the time the	37886
statutes of this state required that wells be cased, and that the	37887
well fails to meet the casing and equipping requirements	37888
prescribed in this division, the gas storage well inspector shall	37889
promptly notify the operator of the reservoir thereof in writing,	37890
and the reservoir operator upon receipt of the notice shall	37891
promptly recondition the well in the manner prescribed in this	37892
division for reconditioning wells, unless, in a conference or	37893
hearing as provided in section 1571.10 of the Revised Code, a	37894
different course of action is agreed upon or ordered.	37895

(F)(1) When a well within the boundary of a gas storage	37896
reservoir or within the reservoir's protective area penetrates the	37897
storage stratum or strata of the reservoir, but does not penetrate	37898
the coal seam within the boundary of a coal mine, the gas storage	37899
well inspector may, upon application of the operator of the	37900
storage reservoir, exempt the well from the requirements of this	37901
section. Either party affected by the action of the gas storage	37902
well inspector may request a conference and hearing with respect	37903
to the exemption.	37904

(2) When a well located within the boundary of a storage	37905
reservoir or a reservoir's protective area is a producing well in	37906
a stratum above or below the storage stratum, the obligations	37907
imposed by this section shall not begin until the well ceases to	37908
be a producing well.	37909

(G) When retreat mining reaches a point in a coal mine when	37910
the operator of the mine expects that within ninety days retreat	37911
work will be at the location of a pillar surrounding an active	37912
storage reservoir well, the operator of the mine shall promptly	37913
send by registered mail notice to that effect to the operator of	37914
the reservoir. Thereupon the operators may by agreement determine	37915
whether it is necessary or advisable to temporarily inactivate the	37916
well. If inactivated, the well shall not be reactivated until a	37917
reasonable period of time has elapsed, such period of time to be	37918
determined by agreement by the operators. In the event that the	37919
parties cannot agree upon either of the foregoing matters, the	37920
question shall be submitted to the gas storage well inspector for	37921
a conference in accordance with section 1571.10 of the Revised	37922
Code.	37923

(H)(1) The provisions of this section that require the	37924
plugging or reconditioning of wells shall not apply to such wells	37925
as are used to inject gas into, store gas in, or remove gas from a	37926
gas storage reservoir when the sole purpose of the injection,	37927
storage, or removal is testing. The operator of a gas storage	37928
reservoir who injects gas into, stores gas in, or removes gas from	37929
a reservoir for the sole purpose of testing shall be subject to	37930
all other provisions of this chapter that are applicable to	37931
operators of reservoirs.	37932

(2) If the injection of gas into, or storage of gas in, a gas	37933
storage reservoir any part of which, or of the protective area of	37934
which, is within the boundary of a coal mine is begun after	37935
September 9, 1957, and if the injection or storage of gas is for	37936
the sole purpose of testing, the operator of the reservoir shall	37937
send by registered mail to the operator of the coal mine, the	37938
division of oil and gas resources management, and to the division	37939
of mineral resources management at least sixty days' notice of the	37940
date upon which the testing will be begun.	37941

If at any time within the period of time during which testing	37942
of a reservoir is in progress, any part of the reservoir or of its	37943
protective area comes within any part of the boundary of a coal	37944
mine, the operator of the reservoir shall promptly send notice to	37945
that effect by registered mail to the operator of the mine, the	37946
division of oil and gas resources management, and to the division	37947
of mineral resources management.	37948

(3) Any coal mine operator who receives a notice as provided	37949
for in division (H)(2) of this section may within thirty days of	37950
the receipt thereof file with the division objections to the	37951
testing. The gas storage well inspector also may, within the time	37952
within which a coal mine operator may file an objection, place in	37953
the files of the division objections to the testing. The reservoir	37954
operator shall comply throughout the period of the testing	37955
operations with all conditions and requirements agreed upon and	37956
approved in the conference on such objections conducted as	37957
provided in section 1571.10 of the Revised Code, or in an order	37958
made by the chief following a hearing in the matter as provided in	37959
section 1571.10 of the Revised Code. If in complying with the	37960
agreement or order either the reservoir operator or the coal mine	37961
operator encounters or discovers conditions that were not known to	37962
exist at the time of the conference or hearing and that materially	37963
affect the agreement or order, or the ability of the reservoir	37964
operator to comply therewith, either operator may apply for a	37965
rehearing or modification of the order.	37966

(I) In addition to complying with all other provisions of	37967
this chapter and any lawful orders issued thereunder, the operator	37968
of each gas storage reservoir shall keep all wells drilled into or	37969
through the storage stratum or strata within the boundary of the	37970
operator's reservoir or within the reservoir's protective area in	37971
such condition, and operate the same in such manner, as to prevent	37972
the escape of gas therefrom into any coal mine, and shall operate	37973
and maintain the storage reservoir and its facilities in such	37974
manner and at such pressures as will prevent gas from escaping	37975
from the reservoir or its facilities into any coal mine.	37976

Sec. 1571.06. (A) Distances between boundaries of gas	37977
storage reservoirs, reservoir protective areas, coal mines, coal	37978
mine protective areas, and wells, as shown on the most recent maps	37979
of storage reservoirs and of coal mines filed with the division of	37980
oil and gas resources management or the division of mineral	37981
resources management as required by this chapter and sections	37982
1563.03 to 1563.05 of the Revised Code, may be accepted and relied	37983
upon as being accurate and correct, by operators of coal mines and	37984
operators of reservoirs. Data, statements, and reports filed with	37985
~~the~~either division as required by this chapter and sections	37986
1563.03 to 1563.05 of the Revised Code may be likewise accepted	37987
and relied upon. However, the gas storage well inspector or any	37988
reservoir operator or coal mine operator, or any other person	37989
having a direct interest in the matter, may at any time question	37990
the accuracy or correctness of any map, data, statement, or report	37991
so filed, with ~~the~~either division by notifying ~~the division~~both	37992
divisions thereof in writing. Such notice shall state the reasons	37993
why the question is raised. When any such notice is so filed, the	37994
gas storage well inspector shall proceed promptly to hold a	37995
conference on the question thus raised, as provided in section	37996
1571.10 of the Revised Code.	37997

(B) If, in any proceeding under this chapter, the accuracy or	37998
correctness of any map, data, statement, or report, filed by any	37999
person pursuant to the requirements of this chapter is in	38000
question, the person so filing the same shall have the burden of	38001
proving the accuracy or correctness thereof.	38002

(C) The operator of a gas storage reservoir shall, at all	38003
reasonable times, be permitted to inspect the premises and	38004
facilities of any coal mine any part of the boundary of which is	38005
within any part of the boundary of such gas storage reservoir or	38006
within its protective area, and the operator of a coal mine shall,	38007
at all reasonable times, be permitted to inspect the premises and	38008
facilities of any gas storage reservoir any part of the boundary	38009
of which or any part of the protective area of which is within the	38010
boundary of such coal mine. In the event that either such	38011
reservoir operator or such coal mine operator denies permission to	38012
make any such inspection, the chief of the division of ~~mineral~~oil	38013
and gas resources management on the chief's own motion, or on an	38014
application by the operator desiring to make such inspection, upon	38015
a hearing thereon if requested by either operator, after	38016
reasonable notice of such hearing, may make an order providing for	38017
such inspection.	38018

Sec. 1571.08. (A) Whenever in this chapter, the method or	38019
material to be used in discharging any obligations imposed by this	38020
chapter is specified, an alternative method or material may be	38021
used if approved by the gas storage well inspector or the chief of	38022
the division of ~~mineral~~oil and gas resources management. A person	38023
desiring to use such alternative method or material shall file	38024
with the division of ~~mineral~~oil and gas resources management an	38025
application for permission to do so. Such application shall	38026
describe such alternative method or material in reasonable detail.	38027
The gas storage well inspector shall promptly send by registered	38028
mail notice of the filing of such application to any coal mine	38029
operator or reservoir operator whose mine or reservoir may be	38030
directly affected thereby. Any such coal mine operator or	38031
reservoir operator may within ten days following receipt of such	38032
notice, file with the division objections to such application. The	38033
gas storage well inspector may also file with the division an	38034
objection to such application at any time during which coal mine	38035
operators or reservoir operators are permitted to file objections.	38036
If no objections are filed within the ten-day period of time, the	38037
gas storage well inspector shall thereupon issue a permit	38038
approving the use of such alternative method or material. If any	38039
such objections are filed by any coal mine operator or reservoir	38040
operator, or by the gas storage well inspector, the question as to	38041
whether or not the use of such alternative method or material, or	38042
a modification thereof is approved, shall be determined by a	38043
conference or hearing as provided in section 1571.10 of the	38044
Revised Code.	38045

(B) Whenever in this chapter, provision is made for the	38046
filing of objections with the division, such objections shall be	38047
in writing and shall state as definitely as is reasonably possible	38048
the reasons for such objections. Upon the filing of any such	38049
objection the gas storage well inspector shall promptly fix the	38050
time and place for holding a conference for the purpose of	38051
discussing and endeavoring to resolve by mutual agreement the	38052
issue raised by such objection. The gas storage well inspector	38053
shall send written notice thereof by registered mail to each	38054
person having a direct interest therein. Thereupon the issue made	38055
by such objection shall be determined by a conference or hearing	38056
in accordance with the procedures for conferences and hearings as	38057
provided in section 1571.10 of the Revised Code.	38058

Sec. 1571.09. (A) The chief of the division of ~~mineral~~oil	38059
and gas resources management or any officer or employee of the	38060
division thereunto duly authorized by the chief may investigate,	38061
inspect, or examine records and facilities of any coal mine	38062
operator or reservoir operator, for the purpose of determining the	38063
accuracy or correctness of any map, data, statement, report, or	38064
other item or article, filed with or otherwise received by the	38065
division pursuant to this chapter. When a material question is	38066
raised by any reservoir operator or coal mine operator as to the	38067
accuracy or correctness of any such map, data, statement, report,	38068
or other item or article, which may directly affect the reservoir	38069
operator or coal mine operator, the matter shall be determined by	38070
a conference or hearing as provided in section 1571.10 of the	38071
Revised Code.	38072

(B) The division of ~~mineral~~oil and gas resources management	38073
shall keep all maps, data, statements, reports, well logs,	38074
notices, or other items or articles filed with or otherwise	38075
received by it pursuant to this chapter in a safe place and	38076
conveniently accessible to persons entitled to examine them. It	38077
shall maintain indexes of all such items and articles so that any	38078
of them may be promptly located. None of such items or articles	38079
shall be open to public inspection, but: (1) any of such items or	38080
articles pertaining to a mine may be examined by: the operator,	38081
owner, lessee, or agent of such mine; persons financially	38082
interested in such mine; owners of land adjoining such mine; the	38083
operator, owner, lessee, or agent of a mine adjoining such mine;	38084
authorized representatives of the persons employed to work in such	38085
mine; the operator of a gas storage reservoir any part of the	38086
boundary of which or of the boundary of its protective area is	38087
within ten thousand linear feet of the boundary of such mine, or	38088
the agent of such reservoir operator thereunto authorized by such	38089
reservoir operator; or any employee of the division of geological	38090
survey in the department of natural resources thereunto duly	38091
authorized by the chief of that division; and (2) any of such	38092
items or articles pertaining to a gas storage reservoir may be	38093
examined by: the operator of such reservoir; the operator of a	38094
coal mine any part of the boundary of which is within ten thousand	38095
linear feet of the boundary of a gas storage reservoir or of the	38096
boundary of its protective area, or the agent of such mine	38097
operator thereunto authorized by such mine operator, or the	38098
authorized representatives of the persons employed to work in such	38099
mine; or any employee of the division of geological survey	38100
thereunto duly authorized by the chief of that division. The	38101
division of ~~mineral~~oil and gas resources management shall not	38102
permit any of such items or articles to be removed from its	38103
office, and it shall not furnish copies of any such items or	38104
articles to any person other than as provided in this chapter.	38105

The division shall keep a docket of all proceedings arising	38106
under this chapter, in which shall be entered the dates of any	38107
notice received or issued, the names of all persons to whom it	38108
sends a notice, and the address of each, the dates of conferences	38109
and hearings, and all findings, determinations, decisions,	38110
rulings, and orders, or other actions by the division.	38111

(C) Whenever any provision of this chapter requires the	38112
division to give notice to the operator of a coal mine of any	38113
proceeding to be held pursuant to this chapter, the division shall	38114
simultaneously give a copy of such notice to the authorized	38115
representatives of the persons employed to work in such mine.	38116

Sec. 1571.10. (A) The gas storage well inspector or any	38117
person having a direct interest in the administration of this	38118
chapter may at any time file with the division of ~~mineral~~oil and	38119
gas resources management a written request that a conference be	38120
held for the purpose of discussing and endeavoring to resolve by	38121
mutual agreement any question or issue relating to the	38122
administration of this chapter, or to compliance with its	38123
provisions, or to any violation thereof. Such request shall	38124
describe the matter concerning which the conference is requested.	38125
Thereupon the gas storage well inspector shall promptly fix the	38126
time and place for the holding of such conference and shall send	38127
written notice thereof to each person having a direct interest	38128
therein. At such conference the gas storage well inspector or a	38129
representative of the division designated by the gas storage well	38130
inspector shall be in attendance, and shall preside at the	38131
conference, and the gas storage well inspector or designated	38132
representative may make such recommendations as the gas storage	38133
well inspector or designated representative deems proper. Any	38134
agreement reached at such conference shall be consistent with the	38135
requirements of this chapter and, if approved by the gas storage	38136
well inspector, it shall be reduced to writing and shall be	38137
effective. Any such agreement approved by the gas storage well	38138
inspector shall be kept on file in the division and a copy thereof	38139
shall be furnished to each of the persons having a direct interest	38140
therein. The conference shall be deemed terminated as of the date	38141
an approved agreement is reached or when any person having a	38142
direct interest therein refuses to confer thereafter. Such a	38143
conference shall be held in all cases prior to the holding of a	38144
hearing as provided in this section.	38145

(B) Within ten days after the termination of a conference at	38146
which no approved agreement is reached, any person who	38147
participated in such conference and who has a direct interest in	38148
the subject matter thereof, or the gas storage well inspector, may	38149
file with the chief of the division of ~~mineral~~oil and gas	38150
resources management a request that the chief hear and determine	38151
the matter or matters, or any part thereof considered at the	38152
conference. Thereupon the chief shall promptly fix the time and	38153
place for the holding of such hearing and shall send written	38154
notice thereof to each person having a direct interest therein.	38155
The form of the request for such hearing and the conduct of the	38156
hearing shall be in accordance with rules that the chief adopts	38157
under section 1571.11 of the Revised Code. Consistent with the	38158
requirement for reasonable notice each such hearing shall be held	38159
promptly after the filing of the request therefor. Any person	38160
having a direct interest in the matter to be heard shall be	38161
entitled to appear and be heard in person or by attorney. The	38162
division may present at such hearing any evidence that is material	38163
to the matter being heard and that has come to the division's	38164
attention in any investigation or inspection made pursuant to this	38165
chapter.	38166

(C) For the purpose of conducting such a hearing the chief	38167
may require the attendance of witnesses and the production of	38168
books, records, and papers, and the chief may, and at the request	38169
of any person having a direct interest in the matter being heard,	38170
the chief shall, issue subpoenas for witnesses or subpoenas duces	38171
tecum to compel the production of any books, records, or papers,	38172
directed to the sheriffs of the counties where such witnesses are	38173
found, which subpoenas shall be served and returned in the same	38174
manner as subpoenas in criminal cases are served and returned. The	38175
fees of sheriffs shall be the same as those allowed by the court	38176
of common pleas in criminal cases. Witnesses shall be paid the	38177
fees and mileage provided for under section 119.094 of the Revised	38178
Code. Such fee and mileage expenses shall be paid in advance by	38179
the persons at whose request they are incurred, and the remainder	38180
of such expenses shall be paid out of funds appropriated for the	38181
expenses of the division.	38182

In case of disobedience or neglect of any subpoena served on	38183
any person, or the refusal of any witness to testify to any matter	38184
regarding which the witness may be lawfully interrogated, the	38185
court of common pleas of the county in which such disobedience,	38186
neglect, or refusal occurs, or any judge thereof, on application	38187
of the chief, shall compel obedience by attachment proceedings for	38188
contempt as in the case of disobedience of the requirements of a	38189
subpoena issued from such court or a refusal to testify therein.	38190
Witnesses at such hearings shall testify under oath, and the chief	38191
may administer oaths or affirmations to persons who so testify.	38192

(D) With the consent of the chief, the testimony of any	38193
witness may be taken by deposition at the instance of a party to	38194
any hearing before the chief at any time after hearing has been	38195
formally commenced. The chief may, of the chief's own motion,	38196
order testimony to be taken by deposition at any stage in any	38197
hearing, proceeding, or investigation pending before the chief.	38198
Such deposition shall be taken in the manner prescribed by the	38199
laws of this state for taking depositions in civil cases in courts	38200
of record.	38201

(E) After the conclusion of a hearing the chief shall make a	38202
determination and finding of facts. Every adjudication,	38203
determination, or finding by the chief shall be made by written	38204
order and shall contain a written finding by the chief of the	38205
facts upon which the adjudication, determination, or finding is	38206
based. Notice of the making of such order shall be given to the	38207
persons whose rights, duties, or privileges are affected thereby,	38208
by sending a certified copy thereof by registered mail to each of	38209
such persons.	38210

Adjudications, determinations, findings, and orders made by	38211
the chief shall not be governed by, or be subject to, Chapter 119.	38212
of the Revised Code.	38213

Sec. 1571.11. The chief of the division of ~~mineral~~oil and	38214
gas resources management shall adopt rules governing	38215
administrative procedures to be followed in the administration of	38216
this chapter, which shall be of general application in all matters	38217
and to all persons affected by this chapter.	38218

No rule adopted by the chief pursuant to this section shall	38219
be effective until the tenth day after a certified copy thereof	38220
has been filed in the office of the secretary of state.	38221

All rules filed in the office of the secretary of state	38222
pursuant to this section shall be recorded by the secretary of	38223
state under a heading entitled "Regulations relating to the	38224
storage of gas in underground gas storage reservoirs" and shall be	38225
numbered consecutively under such heading and shall bear the date	38226
of filing. Such rules shall be public records open to public	38227
inspection.	38228

No rule filed in the office of the secretary of state	38229
pursuant to this section shall be amended except by a rule that	38230
contains the entire rule as amended and that repeals the rule	38231
amended. Each rule that amends a rule shall bear the same	38232
consecutive rule number as the number of the rule that it amends,	38233
and it shall bear the date of filing.	38234

No rule filed in the office of the secretary of state	38235
pursuant to this section shall be repealed except by a rule. Each	38236
rule that repeals a rule shall bear the same consecutive rule	38237
number as the number of the rule that it repeals, and it shall	38238
bear the date of filing.	38239

The authority and the duty of the chief to adopt rules as	38240
provided in this section shall not be governed by, or be subject	38241
to Chapter 119. of the Revised Code.	38242

The chief shall have available at all times copies of all	38243
rules adopted pursuant to this section, and shall furnish same	38244
free of charge to any person requesting same.	38245

Sec. 1571.14. Any person claiming to be aggrieved or	38246
adversely affected by an order of the chief of the division of	38247
~~mineral~~oil and gas resources management made as provided in	38248
section 1571.10 or 1571.16 of the Revised Code may appeal to the	38249
director of natural resources for an order vacating or modifying	38250
such order. Upon receipt of the appeal, the director shall appoint	38251
an individual who has knowledge of the laws and rules regarding	38252
the underground storage of gas and who shall act as a hearing	38253
officer in accordance with Chapter 119. of the Revised Code in	38254
hearing the appeal.	38255

The person appealing to the director shall be known as	38256
appellant and the chief shall be known as appellee. The appellant	38257
and the appellee shall be deemed parties to the appeal.	38258

The appeal shall be in writing and shall set forth the order	38259
complained of and the grounds upon which the appeal is based. The	38260
appeal shall be filed with the director within thirty days after	38261
the date upon which appellant received notice by registered mail	38262
of the making of the order complained of, as required by section	38263
1571.10 of the Revised Code. Notice of the filing of such appeal	38264
shall be delivered by appellant to the chief within three days	38265
after the appeal is filed with the director.	38266

Within seven days after receipt of the notice of appeal the	38267
chief shall prepare and certify to the director at the expense of	38268
appellant a complete transcript of the proceedings out of which	38269
the appeal arises, including a transcript of the testimony	38270
submitted to the chief.	38271

Upon the filing of the appeal the director shall fix the time	38272
and place at which the hearing on the appeal will be held, and	38273
shall give appellant and the chief at least ten days' written	38274
notice thereof by mail. The director may postpone or continue any	38275
hearing upon the director's own motion or upon application of	38276
appellant or of the chief.	38277

The filing of an appeal provided for in this section does not	38278
automatically suspend or stay execution of the order appealed	38279
from, but upon application by the appellant the director may	38280
suspend or stay such execution pending determination of the appeal	38281
upon such terms as the director deems proper.	38282

The hearing officer appointed by the director shall hear the	38283
appeal de novo, and either party to the appeal may submit such	38284
evidence as the hearing officer deems admissible.	38285

For the purpose of conducting a hearing on an appeal, the	38286
hearing officer may require the attendance of witnesses and the	38287
production of books, records, and papers, and may, and at the	38288
request of any party shall, issue subpoenas for witnesses or	38289
subpoenas duces tecum to compel the production of any books,	38290
records, or papers, directed to the sheriffs of the counties where	38291
such witnesses are found, which subpoenas shall be served and	38292
returned in the same manner as subpoenas in criminal cases are	38293
served and returned. The fees of sheriffs shall be the same as	38294
those allowed by the court of common pleas in criminal cases.	38295
Witnesses shall be paid the fees and mileage provided for under	38296
section 119.094 of the Revised Code. Such fee and mileage expenses	38297
incurred at the request of appellant shall be paid in advance by	38298
appellant, and the remainder of such expenses shall be paid out of	38299
funds appropriated for the expenses of the division of ~~mineral~~oil	38300
and gas resources management.	38301

In case of disobedience or neglect of any subpoena served on	38302
any person, or the refusal of any witness to testify to any matter	38303
regarding which the witness may be lawfully interrogated, the	38304
court of common pleas of the county in which such disobedience,	38305
neglect, or refusal occurs, or any judge thereof, on application	38306
of the director, shall compel obedience by attachment proceedings	38307
for contempt as in the case of disobedience of the requirements of	38308
a subpoena issued from such court or a refusal to testify therein.	38309
Witnesses at such hearings shall testify under oath, and the	38310
hearing officer may administer oaths or affirmations to persons	38311
who so testify.	38312

At the request of any party to the appeal, a stenographic	38313
record of the testimony and other evidence submitted shall be	38314
taken by an official court shorthand reporter at the expense of	38315
the party making the request therefor. The record shall include	38316
all of the testimony and other evidence and the rulings on the	38317
admissibility thereof presented at the hearing. The hearing	38318
officer shall pass upon the admissibility of evidence, but any	38319
party may at the time object to the admission of any evidence and	38320
except to the ruling of the hearing officer thereon, and if the	38321
hearing officer refuses to admit evidence, the party offering same	38322
may make a proffer thereof, and such proffer shall be made a part	38323
of the record of such hearing.	38324

If upon completion of the hearing the hearing officer finds	38325
that the order appealed from was lawful and reasonable, the	38326
hearing officer shall make a written order affirming the order	38327
appealed from. If the hearing officer finds that such order was	38328
unreasonable or unlawful, the hearing officer shall make a written	38329
order vacating the order appealed from and making the order that	38330
it finds the chief should have made. Every order made by the	38331
hearing officer shall contain a written finding by the hearing	38332
officer of the facts upon which the order is based. Notice of the	38333
making of such order shall be given forthwith to each party to the	38334
appeal by mailing a certified copy thereof to each such party by	38335
registered mail.	38336

Sec. 1571.16. (A) The gas storage well inspector or any	38337
person having a direct interest in the subject matter of this	38338
chapter may file with the division of ~~mineral~~oil and gas	38339
resources management a complaint in writing stating that a person	38340
is violating, or is about to violate, a provision or provisions of	38341
this chapter, or has done, or is about to do, an act, matter, or	38342
thing therein prohibited or declared to be unlawful, or has	38343
failed, omitted, neglected, or refused, or is about to fail, omit,	38344
neglect, or refuse, to perform a duty enjoined upon the person by	38345
this chapter. Upon the filing of such a complaint, the chief of	38346
the division of ~~mineral~~oil and gas resources management shall	38347
promptly fix the time for the holding of a hearing on such	38348
complaint and shall send by registered mail to the person so	38349
complained of, a copy of such complaint together with at least	38350
five days' notice of the time and place at which such hearing will	38351
be held. Such notice of such hearing shall also be given to all	38352
persons having a direct interest in the matters complained of in	38353
such complaint. Such hearing shall be conducted in the same	38354
manner, and the chief and persons having a direct interest in the	38355
matter being heard, shall have the same powers, rights, and duties	38356
as provided in divisions (B), (C), (D), and (E) of section 1571.10	38357
of the Revised Code, in connection with hearings by the chief,	38358
provided that if after conclusion of the hearing the chief finds	38359
that the charges against the person complained of, as stated in	38360
such complaint, have not been sustained by a preponderance of	38361
evidence, the chief shall make an order dismissing the complaint,	38362
and if the chief finds that the charges have been so sustained,	38363
the chief shall by appropriate order require compliance with those	38364
provisions.	38365

(B) Whenever the chief is of the opinion that any person is	38366
violating, or is about to violate, any provision of this chapter,	38367
or has done, or is about to do, any act, matter, or thing therein	38368
prohibited or declared to be unlawful, or has failed, omitted,	38369
neglected, or refused, or is about to fail, omit, neglect, or	38370
refuse, to perform any duty enjoined upon the person by this	38371
chapter, or has failed, omitted, neglected, or refused, or is	38372
about to fail, omit, neglect, or refuse, to obey any lawful	38373
requirement or order made by the chief, or any final judgment,	38374
order, or decree made by any court pursuant to this chapter, then	38375
and in every such case, the chief may institute in a court of	38376
competent jurisdiction of the county or counties wherein the	38377
operation is situated, an action to enjoin or restrain such	38378
violations or to enforce obedience with law or the orders of the	38379
chief. No injunction bond shall be required to be filed in any	38380
such proceeding. Such persons or corporations as the court may	38381
deem necessary or proper to be joined as parties in order to make	38382
its judgment, order, or writ effective may be joined as parties.	38383
An appeal may be taken as in other civil actions.	38384

(C) In addition to the other remedies as provided in	38385
divisions (A) and (B) of this section, any reservoir operator or	38386
coal mine operator affected by this chapter may proceed by	38387
injunction or other appropriate remedy to restrain violations or	38388
threatened violations of this chapter or of orders of the chief,	38389
or of the hearing officer appointed under section 1571.14 of the	38390
Revised Code, or the judgments, orders, or decrees of any court or	38391
to enforce obedience therewith.	38392

(D) Each remedy prescribed in divisions (A), (B), and (C) of	38393
this section is deemed concurrent or contemporaneous with each	38394
other remedy prescribed therein, and the existence or exercise of	38395
any one such remedy shall not prevent the exercise of any other	38396
such remedy.	38397

(E) The provisions of this chapter providing for conferences,	38398
hearings by the chief, appeals to the hearing officer from orders	38399
of the chief, and appeals to the court of common pleas from orders	38400
of the hearing officer, and the remedies prescribed in divisions	38401
(A), (B), (C), and (D) of this section, do not constitute the	38402
exclusive procedure that a person, who deems the person's rights	38403
to be unlawfully affected by any official action taken thereunder,	38404
must pursue in order to protect and preserve such rights, nor does	38405
this chapter constitute a procedure that such a person must pursue	38406
before the person may lawfully proceed by other actions, legal or	38407
equitable, to protect and preserve such rights.	38408

Sec. 1571.18. After ~~the effective date of this section~~June	38409
30, 2010, and not later than the thirty-first day of March each	38410
year, the owner of a well that is used for gas storage or of a	38411
well that is used to monitor a gas storage reservoir and that is	38412
located in a reservoir protective area shall pay to the chief of	38413
the division of ~~mineral~~oil and gas resources management a gas	38414
storage well regulatory fee of one hundred twenty-five dollars for	38415
each well that the owner owned as of the thirty-first day of	38416
December of the previous year for the purposes of administering	38417
this chapter and Chapter 1509. of the Revised Code. The chief may	38418
prescribe and provide a form for the collection of the fee imposed	38419
by this section and may adopt rules in accordance with Chapter	38420
119. of the Revised Code that are necessary for the administration	38421
of this section.	38422

All money collected under this section shall be deposited in	38423
the state treasury to the credit of the oil and gas well fund	38424
created in section 1509.02 of the Revised Code.	38425

Sec. 1571.99. Any person who purposely violates any order of	38426
the chief of the division of ~~mineral~~oil and gas resources	38427
management, of a hearing officer appointed by the director of	38428
natural resources under section 1571.14 of the Revised Code, or of	38429
the director, made pursuant to this chapter shall be punished by a	38430
fine not exceeding two thousand dollars, or imprisoned in jail for	38431
a period not exceeding twelve months, or both, in the discretion	38432
of the court.	38433

Sec. 1701.07. (A) Every corporation shall have and maintain	38434
an agent, sometimes referred to as the "statutory agent," upon	38435
whom any process, notice, or demand required or permitted by	38436
statute to be served upon a corporation may be served. The agent	38437
may be a natural person who is a resident of this state or may be	38438
a domestic corporation or a foreign corporation holding a license	38439
as such under the laws of this state, that is authorized by its	38440
articles of incorporation to act as such agent and that has a	38441
business address in this state.	38442

(B) The secretary of state shall not accept original articles	38443
for filing unless there is filed with the articles a written	38444
appointment of an agent that is signed by the incorporators of the	38445
corporation or a majority of them and a written acceptance of the	38446
appointment that is signed by the agent. In all other cases, the	38447
corporation shall appoint the agent and shall file in the office	38448
of the secretary of state a written appointment of the agent that	38449
is signed by any authorized officer of the corporation and a	38450
written acceptance of the appointment that is either the original	38451
acceptance signed by the agent or a photocopy, facsimile, or	38452
similar reproduction of the original acceptance signed by the	38453
agent.	38454

(C) The written appointment of an agent shall set forth the	38455
name and address in this state of the agent, including the street	38456
and number or other particular description, and shall otherwise be	38457
in such form as the secretary of state prescribes. The secretary	38458
of state shall keep a record of the names of corporations, and the	38459
names and addresses of their respective agents.	38460

(D) If any agent dies, removes from the state, or resigns,	38461
the corporation shall forthwith appoint another agent and file	38462
with the secretary of state, on a form prescribed by the secretary	38463
of state, a written appointment of the agent.	38464

(E) If the agent changes the agent's address from that	38465
appearing upon the record in the office of the secretary of state,	38466
the corporation or the agent shall forthwith file with the	38467
secretary of state, on a form prescribed by the secretary of	38468
state, a written statement setting forth the new address.	38469

(F) An agent may resign by filing with the secretary of	38470
state, on a form prescribed by the secretary of state, a written	38471
notice to that effect that is signed by the agent and by sending a	38472
copy of the notice to the corporation at the current or last known	38473
address of its principal office on or prior to the date the notice	38474
is filed with the secretary of state. The notice shall set forth	38475
the name of the corporation, the name and current address of the	38476
agent, the current or last known address, including the street and	38477
number or other particular description, of the corporation's	38478
principal office, the resignation of the agent, and a statement	38479
that a copy of the notice has been sent to the corporation within	38480
the time and in the manner prescribed by this division. Upon the	38481
expiration of thirty days after the filing, the authority of the	38482
agent shall terminate.	38483

(G) A corporation may revoke the appointment of an agent by	38484
filing with the secretary of state, on a form prescribed by the	38485
secretary of state, a written appointment of another agent and a	38486
statement that the appointment of the former agent is revoked.	38487

(H) Any process, notice, or demand required or permitted by	38488
statute to be served upon a corporation may be served upon the	38489
corporation by delivering a copy of it to its agent, if a natural	38490
person, or by delivering a copy of it at the address of its agent	38491
in this state, as the address appears upon the record in the	38492
office of the secretary of state. If (1) the agent cannot be	38493
found, or (2) the agent no longer has that address, or (3) the	38494
corporation has failed to maintain an agent as required by this	38495
section, and if in any such case the party desiring that the	38496
process, notice, or demand be served, or the agent or	38497
representative of the party, shall have filed with the secretary	38498
of state an affidavit stating that one of the foregoing conditions	38499
exists and stating the most recent address of the corporation that	38500
the party after diligent search has been able to ascertain, then	38501
service of process, notice, or demand upon the secretary of state,	38502
as the agent of the corporation, may be initiated by delivering to	38503
the secretary of state or at the secretary of state's office	38504
quadruplicate copies of such process, notice, or demand and by	38505
paying to the secretary of state a fee of five dollars. The	38506
secretary of state shall forthwith give notice of the delivery to	38507
the corporation at its principal office as shown upon the record	38508
in the secretary of state's office and at any different address	38509
shown on its last franchise tax report filed in this state, or to	38510
the corporation at any different address set forth in the above	38511
mentioned affidavit, and shall forward to the corporation at said	38512
addresses, by certified mail, with request for return receipt, a	38513
copy of the process, notice, or demand; and thereupon service upon	38514
the corporation shall be deemed to have been made.	38515

(I) The secretary of state shall keep a record of each	38516
process, notice, and demand delivered to the secretary of state or	38517
at the secretary of state's office under this section or any other	38518
law of this state that authorizes service upon the secretary of	38519
state, and shall record the time of the delivery and the action	38520
thereafter with respect thereto.	38521

(J) This section does not limit or affect the right to serve	38522
any process, notice, or demand upon a corporation in any other	38523
manner permitted by law.	38524

(K) Every corporation shall state in each annual report filed	38525
by it with the department of taxation the name and address of its	38526
statutory agent.	38527

(L) Except when an original appointment of an agent is filed	38528
with the original articles, a written appointment of an agent or a	38529
written statement filed by a corporation with the secretary of	38530
state shall be signed by any authorized officer of the corporation	38531
or by the incorporators of the corporation or a majority of them	38532
if no directors have been elected.	38533

(M) For filing a written appointment of an agent other than	38534
one filed with original articles, and for filing a statement of	38535
change of address of an agent, the secretary of state shall charge	38536
and collect the fee specified in division (R) of section 111.16 of	38537
the Revised Code.	38538

(N) Upon the failure of a corporation to appoint another	38539
agent or to file a statement of change of address of an agent, the	38540
secretary of state shall give notice thereof by ~~certified~~ordinary	38541
or electronic mail to the corporation at the electronic mail	38542
address provided to the secretary of state, or at the address set	38543
forth in the notice of resignation or on the last franchise tax	38544
return filed in this state by the corporation. Unless the default	38545
is cured within thirty days after the mailing by the secretary of	38546
state of the notice or within any further period of time that the	38547
secretary of state grants, upon the expiration of that period of	38548
time from the date of the mailing, the articles of the corporation	38549
shall be canceled without further notice or action by the	38550
secretary of state. The secretary of state shall make a notation	38551
of the cancellation on the secretary of state's records.	38552

A corporation whose articles have been canceled may be	38553
reinstated by filing, on a form prescribed by the secretary of	38554
state, an application for reinstatement and the required	38555
appointment of agent or required statement, and by paying the	38556
filing fee specified in division (Q) of section 111.16 of the	38557
Revised Code. The rights, privileges, and franchises of a	38558
corporation whose articles have been reinstated are subject to	38559
section 1701.922 of the Revised Code. The secretary of state shall	38560
furnish the tax commissioner a monthly list of all corporations	38561
canceled and reinstated under this division.	38562

(O) This section does not apply to banks, trust companies,	38563
insurance companies, or any corporation defined under the laws of	38564
this state as a public utility for taxation purposes.	38565

Sec. 1702.59. (A) Every nonprofit corporation, incorporated	38566
under the general corporation laws of this state, or previous	38567
laws, or under special provisions of the Revised Code, or created	38568
before September 1, 1851, which corporation has expressedly or	38569
impliedly elected to be governed by the laws passed since that	38570
date, and whose articles or other documents are filed with the	38571
secretary of state, shall file with the secretary of state a	38572
verified statement of continued existence, signed by a director,	38573
officer, or three members in good standing, setting forth the	38574
corporate name, the place where the principal office of the	38575
corporation is located, the date of incorporation, the fact that	38576
the corporation is still actively engaged in exercising its	38577
corporate privileges, and the name and address of its agent	38578
appointed pursuant to section 1702.06 of the Revised Code.	38579

(B) Each corporation required to file a statement of	38580
continued existence shall file it with the secretary of state	38581
within each five years after the date of incorporation or of the	38582
last corporate filing.	38583

(C) Corporations specifically exempted by division (N) of	38584
section 1702.06 of the Revised Code, or whose activities are	38585
regulated or supervised by another state official, agency, bureau,	38586
department, or commission are exempted from this section.	38587

(D) The secretary of state shall give notice ~~in writing~~by	38588
ordinary or electronic mail and provide a form for compliance with	38589
this section to each corporation required by this section to file	38590
the statement of continued existence, such notice and form to be	38591
mailed to the last known physical or electronic mail address of	38592
the corporation as it appears on the records of the secretary of	38593
state or which the secretary of state may ascertain upon a	38594
reasonable search.	38595

(E) If any nonprofit corporation required by this section to	38596
file a statement of continued existence fails to file the	38597
statement required every fifth year, then the secretary of state	38598
shall cancel the articles of such corporation, make a notation of	38599
the cancellation on the records, and mail to the corporation a	38600
certificate of the action so taken.	38601

(F) A corporation whose articles have been canceled may be	38602
reinstated by filing an application for reinstatement and paying	38603
to the secretary of state the fee specified in division (Q) of	38604
section 111.16 of the Revised Code. The name of a corporation	38605
whose articles have been canceled shall be reserved for a period	38606
of one year after the date of cancellation. If the reinstatement	38607
is not made within one year from the date of the cancellation of	38608
its articles of incorporation and it appears that a corporate	38609
name, limited liability company name, limited liability	38610
partnership name, limited partnership name, or trade name has been	38611
filed, the name of which is not distinguishable upon the record as	38612
provided in section 1702.06 of the Revised Code, the applicant for	38613
reinstatement shall be required by the secretary of state, as a	38614
condition prerequisite to such reinstatement, to amend its	38615
articles by changing its name. A certificate of reinstatement may	38616
be filed in the recorder's office of any county in the state, for	38617
which the recorder shall charge and collect a base fee of one	38618
dollar for services and a housing trust fund fee of one dollar	38619
pursuant to section 317.36 of the Revised Code. The rights,	38620
privileges, and franchises of a corporation whose articles have	38621
been reinstated are subject to section 1702.60 of the Revised	38622
Code.	38623

(G) The secretary of state shall furnish the tax commissioner	38624
a list of all corporations failing to file the required statement	38625
of continued existence.	38626

Sec. 1703.031. (A) If the laws of the United States	38627
prohibit, preempt, or otherwise eliminate the licensing	38628
requirement of sections 1703.01 to 1703.31 of the Revised Code	38629
with respect to a corporation that is a bank, savings bank, or	38630
savings and loan association chartered under the laws of the	38631
United States, the main office of which is located in another	38632
state, the bank, savings bank, or savings and loan association	38633
shall notify the secretary of state that it is transacting	38634
business in this state by submitting a notice in such form as the	38635
secretary of state prescribes. The notice shall be verified by the	38636
oath of the president, vice-president, secretary, or treasurer of	38637
the bank, savings bank, or savings and loan association, and shall	38638
set forth all of the following:	38639

(1) The name of the corporation and any trade name under	38640
which it will do business in this state;	38641

(2) The location and complete address, including the county,	38642
of its main office in another state and its principal office, if	38643
any, in this state;	38644

(3) The appointment of a designated agent and the complete	38645
address of such agent in this state, which agent may be a natural	38646
person who is a resident of this state, or may be a domestic	38647
corporation for profit or a foreign corporation for profit holding	38648
a license as such under the laws of this state, provided that the	38649
domestic or foreign corporation has a business address in this	38650
state and is authorized by its articles of incorporation to act as	38651
such agent;	38652

(4) The irrevocable consent of the corporation to service of	38653
process on such agent so long as the authority of the agent	38654
continues and to service of process upon the secretary of state in	38655
the events provided for in section 1703.19 of the Revised Code;	38656

(5) A brief summary of the business to be transacted within	38657
this state.	38658

(B) The notice required by this section shall be accompanied	38659
by a certificate of good standing or subsistence, dated not	38660
earlier than sixty days prior to the submission of the notice,	38661
under the seal of the proper official of the agency of the United	38662
States that incorporated the bank, savings bank, or savings and	38663
loan association, setting forth the exact corporate title, the	38664
date of incorporation, and the fact that the bank, savings bank,	38665
or savings and loan association is in good standing or is a	38666
subsisting bank, savings bank, or savings and loan association.	38667

(C) Upon submission of the notice, a bank, savings bank, or	38668
savings and loan association shall pay a filing fee ~~of one hundred~~	38669
~~dollars~~ to the secretary of state as required by section 111.16 of	38670
the Revised Code.	38671

(D)(1) No such notice shall be accepted for filing if it	38672
appears that the name of the bank, savings bank, or savings and	38673
loan association is any of the following:	38674

(a) Prohibited by law;

38675

(b) Not distinguishable upon the records in the office of the	38676
secretary of state from the name of a limited liability company,	38677
whether domestic or foreign, or any other corporation, whether	38678
nonprofit or for profit and whether that of a domestic corporation	38679
or of a foreign corporation authorized to transact business in	38680
this state, unless there is also filed with the secretary of state	38681
the consent of the other limited liability company or corporation	38682
to the use of the name, evidenced in a writing signed by any	38683
authorized representative or authorized officer of the other	38684
limited liability company or corporation;	38685

(c) Not distinguishable upon the records in the office of the	38686
secretary of state from a trade name, the exclusive right to which	38687
is at the time in question registered in the manner provided in	38688
Chapter 1329. of the Revised Code, unless there also is filed with	38689
the secretary of state the consent of the other corporation or	38690
person to the use of the name, evidenced in a writing signed by	38691
any authorized officer of the other corporation or authorized	38692
party of the other person owning the exclusive right to the	38693
registered trade name.	38694

(2) Notwithstanding division (D)(1)(b) of this section, if a	38695
notice is not acceptable for filing solely because the name of the	38696
bank, savings bank, or savings and loan association is not	38697
distinguishable from the name of another corporation or registered	38698
trade name, the bank, savings bank, or savings and loan	38699
association may be authorized to transact business in this state	38700
by filing with the secretary of state, in addition to those items	38701
otherwise prescribed by this section, a statement signed by an	38702
authorized officer directing the bank, savings bank, or savings	38703
and loan association to transact business in this state under an	38704
assumed business name or names that comply with the requirements	38705
of division (D) of this section and stating that the bank, savings	38706
bank, or savings and loan association will transact business in	38707
this state only under the assumed name or names.	38708

(E) The secretary of state shall provide evidence of receipt	38709
of notice to each bank, savings bank, or savings and loan	38710
association that submits a notice required by this section.	38711

Sec. 1703.07. If a foreign corporation has merged or	38712
consolidated with one or more foreign corporations, it shall file	38713
with the secretary of state a certificate setting forth the fact	38714
of merger or consolidation, certified by the secretary of state,	38715
or other proper official, of the state under the laws of which the	38716
foreign corporation was incorporated.	38717

The secretary of state, before filing a certificate	38718
evidencing a foreign corporation's merger or consolidation, shall	38719
charge and collect from the foreign corporation a filing fee of	38720
~~ten dollars~~as required by section 111.16 of the Revised Code.	38721

Sec. 1707.11. (A) Each person that is not organized under	38722
the laws of this state, that is not licensed under section 1703.03	38723
of the Revised Code, or that does not have its principal place of	38724
business in this state, shall submit to the division of securities	38725
an irrevocable consent to service of process, as described in	38726
division (B) of this section, in connection with any of the	38727
following:	38728

(1) Filings to claim any of the exemptions enumerated in	38729
division (Q), (W), ~~(X),~~ or (Y) of section 1707.03 of the Revised	38730
Code;	38731

(2) Applications for registration by description,	38732
qualification, or coordination;	38733

(3) Notice filings pursuant to section 1707.092 of the	38734
Revised Code.	38735

(B) The irrevocable written consent shall be executed and	38736
acknowledged by an individual duly authorized to give the consent	38737
and shall do all of the following:	38738

(1) Designate the secretary of state as agent for service of	38739
process or pleadings;	38740

(2) State that actions growing out of the sale of such	38741
securities, the giving of investment advice, or fraud committed by	38742
a person on whose behalf the consent is submitted may be commenced	38743
against the person, in the proper court of any county in this	38744
state in which a cause of action may arise or in which the	38745
plaintiff in the action may reside, by serving on the secretary of	38746
state any proper process or pleading authorized by the laws of	38747
this state;	38748

(3) Stipulate that service of process or pleading on the	38749
secretary of state shall be taken in all courts to be as valid and	38750
binding as if service had been made upon the person on whose	38751
behalf the consent is submitted.	38752

(C) Notwithstanding any application, form, or other material	38753
filed with or submitted to the division that purports to appoint	38754
as agent for service of process a person other than the secretary	38755
of state, the application, form, or other material shall be	38756
considered to appoint the secretary of state as agent for service	38757
of process.	38758

(D) Service of any process or pleadings may be made on the	38759
secretary of state by duplicate copies, of which one shall be	38760
filed in the office of the secretary of state, and the other	38761
immediately forwarded by the secretary of state by certified mail	38762
to the principal place of business of the person on whose behalf	38763
the consent is submitted or to the last known address as shown on	38764
the filing made with the division. However, failure to mail such	38765
copy does not invalidate the service.	38766

(E) Notwithstanding any provision of this chapter, or of any	38767
rule adopted by the division of securities under this chapter,	38768
that requires the submission of a consent to service of process,	38769
the division may provide by rule for the electronic filing or	38770
submission of a consent to service of process.	38771

Sec. 1707.17. (A)(1) The license of every dealer in and	38772
salesperson of securities shall expire on the thirty-first day of	38773
December of each year, and may be renewed upon the filing with the	38774
division of securities of an application for renewal, and the	38775
payment of the fee prescribed in this section. The division shall	38776
give notice, without unreasonable delay, of its action on any	38777
application for renewal of a dealer's or salesperson's license.	38778

(2) The license of every investment adviser and investment	38779
adviser representative licensed under section 1707.141 or 1707.161	38780
of the Revised Code shall expire on the thirty-first day of	38781
December of each year. The licenses may be renewed upon the filing	38782
with the division of an application for renewal, and the payment	38783
of the fee prescribed in division (B) of this section. The	38784
division shall give notice, without unreasonable delay, of its	38785
action on any application for renewal.	38786

(3) An investment adviser required to make a notice filing	38787
under division (B) of section 1707.141 of the Revised Code	38788
annually shall file with the division the notice filing and the	38789
fee prescribed in division (B) of this section, no later than the	38790
thirty-first day of December of each year.	38791

(4) The license of every state retirement system investment	38792
officer licensed under section 1707.163 of the Revised Code and	38793
the license of a bureau of workers' compensation chief investment	38794
officer issued under section 1707.165 of the Revised Code shall	38795
expire on the thirtieth day of June of each year. The licenses may	38796
be renewed on the filing with the division of an application for	38797
renewal, and the payment of the fee prescribed in division (B) of	38798
this section. The division shall give notice, without unreasonable	38799
delay, of its action on any application for renewal.	38800

(B)(1) The fee for each dealer's license, and for each annual	38801
renewal thereof, shall be two hundred dollars.	38802

(2) The fee for each salesperson's license, and for each	38803
annual renewal thereof, shall be sixty dollars.	38804

(3) The fee for each investment adviser's license, and for	38805
each annual renewal thereof, shall be one hundred dollars.	38806

(4) The fee for each investment adviser notice filing	38807
required by division (B) of section 1707.141 of the Revised Code	38808
shall be one hundred dollars.	38809

(5) The fee for each investment adviser representative's	38810
license, and for each annual renewal thereof, shall be thirty-five	38811
dollars.	38812

(6) The fee for each state retirement system investment	38813
officer's license, and for each annual renewal thereof, shall be	38814
fifty dollars.	38815

(7) The fee for a bureau of workers' compensation chief	38816
investment officer's license, and for each annual renewal thereof,	38817
shall be fifty dollars.	38818

(C) A dealer's, salesperson's, investment adviser's,	38819
investment adviser representative's, bureau of workers'	38820
compensation chief investment officer's, or state retirement	38821
system investment officer's license may be issued at any time for	38822
the remainder of the calendar year. In that event, the annual fee	38823
shall not be reduced.	38824

(D) The division may, by rule or order, waive, in whole or in	38825
part, any of the fee requirements of this section for any person	38826
or class of persons if, in the same calendar year, the person or	38827
class of persons is required to pay an additional fee as a result	38828
of changes in federal law and regulations implemented under Title	38829
IV of the "Dodd-Frank Wall Street Reform and Consumer Protection	38830
Act of 2010," 124 Stat. 1576 (2010), 15 U.S.C. 80b-3a(a), under	38831
which a person or class of persons formerly subject to regulation	38832
under the United States securities and exchange commission is	38833
subject to state regulation under Chapter 1707. of the Revised	38834
Code.	38835

Sec. 1711.05. Every county agricultural society annually	38836
shall publish an abstract of its treasurer's account in a	38837
newspaper of general circulation in the county and make a report	38838
of its proceedings during the year. It shall also make, in	38839
accordance with the rules of the department of agriculture, a	38840
synopsis of its awards for improvement in agriculture and in	38841
household manufactures and forward such synopsis to the director	38842
of agriculture at or before the annual meeting of the directors of	38843
the society with the director of agriculture, as provided for in	38844
section 901.06 of the Revised Code. No payment after such date	38845
shall be made from the county treasury to such society unless a	38846
certificate from the director is presented to the county auditor	38847
showing that such reports have been made.	38848

Sec. 1711.07. The board of directors of a county or	38849
independent agricultural society shall consist of at least eight	38850
members. An employee of the Ohio state university extension	38851
service and the county school superintendent shall be members ex	38852
officio. Their terms of office shall be determined by the rules of	38853
the department of agriculture. Any vacancy in the board caused by	38854
death, resignation, refusal to qualify, removal from county, or	38855
other cause may be filled by the board until the society's next	38856
annual election, when a director shall be elected for the	38857
unexpired term. There shall be an annual election of directors by	38858
ballot at a time and a place fixed by the board, but this election	38859
shall not be held later than the first Saturday in December 1994,	38860
and not later than the fifteenth day of November each year	38861
thereafter, beginning in 1995. The secretary of the society shall	38862
give notice of such election, for three weeks prior to the holding	38863
thereof, in ~~at least two newspapers~~a newspaper of ~~opposite~~	38864
~~politics and of~~ general circulation in the county or as provided	38865
in section 7.16 of the Revised Code, or by letter mailed to each	38866
member of the society. Only persons holding membership	38867
certificates at the close of the annual county fair, or at least	38868
fifteen calendar days before the date of election, as may be fixed	38869
by the board, may vote, unless such election is held on the	38870
fairground during the fair, in which case all persons holding	38871
membership certificates on the date and hour of the election may	38872
vote. When the election is to be held during the fair, notice of	38873
such election must be prominently mentioned in the premium list,	38874
in addition to the notice required in ~~newspapers~~a newspaper. The	38875
terms of office of the retiring directors shall expire, and those	38876
of the directors-elect shall begin, not later than the first	38877
Saturday in January 1995, and not later than the thirtieth day of	38878
November each year thereafter, beginning in 1995.	38879

The secretary of such society shall send the name and address	38880
of each member of its board to the director of agriculture within	38881
ten days after the election.	38882

Sec. 1711.18. In a county in which there is a county	38883
agricultural society indebted fifteen thousand dollars or more,	38884
and such society has purchased a fairground or title to such	38885
fairground is vested in fee in the county, the board of county	38886
commissioners, upon the presentation of a petition signed by not	38887
less than five hundred resident electors of the county praying for	38888
the submission to the electors of the county of the question	38889
whether or not county bonds shall be issued and sold to liquidate	38890
such indebtedness, shall, by resolution within ten days	38891
thereafter, fix a date, which shall be within thirty days, upon	38892
which the question of issuing and selling such bonds, in the	38893
necessary amount and denomination, shall be submitted to the	38894
electors of the county. The board also shall cause a copy of such	38895
resolution to be certified to the county board of elections and	38896
such board of elections, within ten days after such certification,	38897
shall proceed to make the necessary arrangements for the	38898
submission of such question to such electors at the time fixed by	38899
such resolution.	38900

Such election shall be held at the regular places of voting	38901
in the county and shall be conducted, canvassed, and certified,	38902
except as otherwise provided by law, as are elections of county	38903
officers. The county board of elections must give fifteen days'	38904
notice of such submission by publication in ~~one or more newspapers~~	38905
~~published~~a newspaper of general circulation in the county once a	38906
week for two consecutive weeks or as provided in section 7.16 of	38907
the Revised Code, stating the amount of bonds to be issued, the	38908
purpose for which they are to be issued, and the time and places	38909
of holding such election. Those who vote in favor of the	38910
proposition shall have written or printed on their ballots "for	38911
the issue of bonds" and those who vote against it shall have	38912
written or printed on their ballots "against the issue of bonds."	38913
If a majority of those voting upon the question of issuing the	38914
bonds vote in favor thereof, then and only then shall they be	38915
issued and the tax provided for in section 1711.20 of the Revised	38916
Code be levied.	38917

Sec. 1711.30. Before issuing bonds under section 1711.28 of	38918
the Revised Code, the board of county commissioners, by	38919
resolution, shall submit to the qualified electors of the county	38920
at the next general election for county officers, held not less	38921
than ninety days after receiving from the county agricultural	38922
society the notice provided for in section 1711.25 of the Revised	38923
Code, the question of issuing and selling such bonds in such	38924
amount and denomination as are necessary for the purpose in view,	38925
and shall certify a copy of such resolution to the county board of	38926
elections.	38927

The county board of elections shall place the question of	38928
issuing and selling such bonds upon the ballot and make all other	38929
necessary arrangements for the submission, at the time fixed by	38930
such resolution, of such question to such electors. The votes cast	38931
at such election upon such question must be counted, canvassed,	38932
and certified in the same manner, except as provided by law, as	38933
votes cast for county officers. Fifteen days' notice of such	38934
submission shall be given by the county board of elections, by	38935
publication once a week for two consecutive weeks in ~~two or more~~	38936
~~newspapers published~~a newspaper of general circulation in the	38937
county or as provided in section 7.16 of the Revised Code, stating	38938
the amount of bonds to be issued, the purpose for which they are	38939
to be issued, and the time and places of holding such election.	38940
Such question must be stated on the ballot as follows: "For the	38941
issue of county fair bonds, yes"; "For the issue of county fair	38942
bonds, no." If the majority of those voting upon the question of	38943
issuing the bonds vote in favor thereof, then and only then shall	38944
they be issued and the tax provided for in section 1711.29 of the	38945
Revised Code be levied.	38946

Sec. 1728.06. Every community urban redevelopment	38947
corporation qualifying under this chapter, before proceeding with	38948
any project authorized in this chapter, shall make written	38949
application to the municipal corporation for approval thereof. The	38950
application shall be in such form and shall certify to such facts	38951
and data as shall be required by the municipal corporation, and	38952
may include but not be limited to:	38953

(A) A general statement of the nature of the proposed	38954
project, that the undertaking conforms to all applicable municipal	38955
ordinances, that its completion will meet an existing need, and	38956
that the project accords with the master plan or official map, if	38957
any, of the municipal corporation;	38958

(B) A description of the proposed project outlining the area	38959
included and a description of each unit thereof if the project is	38960
to be undertaken in units and setting out such architectural and	38961
site plans as may be required;	38962

(C) A statement of the estimated cost of the proposed project	38963
in such detail as may be required, including the estimated cost of	38964
each unit if it is to be so undertaken;	38965

(D) The source, method, and amount of money to be subscribed	38966
through the investment of private capital, setting forth the	38967
amount of stock or other securities to be issued therefor;	38968

(E) A fiscal plan for the project outlining a schedule of	38969
rents, the estimated expenditures for operation and maintenance,	38970
payments for interest, amortization of debt and reserves, and	38971
payments to the municipal corporation to be made pursuant to a	38972
financial agreement to be entered into with the municipal	38973
corporation;	38974

(F) A relocation plan providing for the relocation of	38975
persons, including families, business concerns, and others,	38976
displaced by the project, which relocation plan shall include, but	38977
not be limited to, the proposed method for the relocation of	38978
residents who will be displaced from their dwelling accommodations	38979
in decent, safe, and sanitary dwelling accommodations within their	38980
means, or with provision for adjustment payments to bring such	38981
accommodations within their means, and without undue hardship, and	38982
reasonable moving costs;	38983

(G) The names and tax mailing addresses, as determined from	38984
the records of the county auditor not more than five days prior to	38985
the submission of the application to the mayor of the municipal	38986
corporation, of the owners of all property which the corporation	38987
proposes in its application to acquire.	38988

Such application shall be addressed and submitted to the	38989
mayor of the municipal corporation, who shall, within sixty days	38990
after receipt thereof, submit it with ~~his~~the mayor's	38991
recommendations to the governing body. The application shall be a	38992
matter of public record upon receipt by the mayor.	38993

The governing body shall by notice published once a week for	38994
two consecutive weeks in a newspaper of general circulation in the	38995
municipal corporation or as provided in section 7.16 of the	38996
Revised Code, by written notice, by certified mail or personal	38997
service, to the owners of property which the corporation proposes	38998
in its application to purchase at the tax mailing address as set	38999
forth in the corporation's application, by the putting up of signs	39000
in at least five places within the area covered by the	39001
application, and by giving written notice, by certified mail or	39002
personal service, to community organizations known by the clerk of	39003
the governing body to represent a substantial number of the	39004
residents of the area covered by the application, advise that the	39005
application is on file in the office of the clerk of the governing	39006
body of the municipal corporation and is available for inspection	39007
by the general public during business hours and advise that a	39008
public hearing shall be held thereon, stating the place and time	39009
of the public hearing, which time shall be not less than fourteen	39010
days after the first publication, or after sending the mailed	39011
notice, or after the putting up of the signs, whichever is later.	39012

Following the public hearing and after complying with section	39013
5709.83 of the Revised Code, the governing body, taking into	39014
consideration the financial impact on the community, shall by	39015
resolution approve or disapprove the application, approval to be	39016
by an affirmative vote of not less than three-fifths of the	39017
governing body, but in the event of disapproval, changes may be	39018
suggested to secure its approval.	39019

An application may be revised or resubmitted in the same	39020
manner and subject to the same procedures as an original	39021
application. The clerk of the governing body shall diligently	39022
discharge the duties imposed on the clerk by this division,	39023
provided failure of the clerk to send written notices to all	39024
community organizations, in a good faith effort by the clerk to	39025
give the required notice, shall not invalidate any proceedings	39026
under this chapter. The failure of delivery of notice given by	39027
certified mail under this division shall not invalidate any	39028
proceedings under this chapter.	39029

Sec. 1728.07. Every approved project shall be evidenced by a	39030
financial agreement between the municipal corporation and the	39031
community urban redevelopment corporation. Such agreement shall be	39032
prepared by the community urban redevelopment corporation and	39033
submitted as a separate part of its application for project	39034
approval.	39035

The financial agreement shall be in the form of a contract	39036
requiring full performance within twenty years from the date of	39037
completion of the project and shall, as a minimum, include the	39038
following:	39039

(A) That all improvements in the project to be constructed or	39040
acquired by the corporation shall be exempt from taxation, subject	39041
to section 1728.10 of the Revised Code;	39042

(B) That the corporation shall make payments in lieu of real	39043
estate taxes not less than the amount as provided by section	39044
1728.11 of the Revised Code; or if the municipal corporation is an	39045
impacted city, not less than the amount as provided by section	39046
1728.111 of the Revised Code;	39047

(C) That the corporation, its successors and assigns, shall	39048
use, develop, and redevelop the real property of the project in	39049
accordance with, and for the period of, the community development	39050
plan approved by the governing body of the municipal corporation	39051
for the blighted area in which the project is situated and shall	39052
so bind its successors and assigns by appropriate agreements and	39053
covenants running with the land enforceable by the municipal	39054
corporation.	39055

(D) If the municipal corporation is an impacted city, the	39056
extent of the undertakings and activities of the corporation for	39057
the elimination and for the prevention of the development or	39058
spread of blight.	39059

(E) That the corporation or the municipal corporation, or	39060
both, shall provide for carrying out relocation of persons,	39061
families, business concerns, and others displaced by the project,	39062
pursuant to a relocation plan, including the method for the	39063
relocation of residents in decent, safe, and sanitary dwelling	39064
accommodations, and reasonable moving costs, determined to be	39065
feasible by the governing body of the municipal corporation. Where	39066
the relocation plan is carried out by the corporation, its	39067
officers, employees, agents, or lessees, the municipal corporation	39068
shall enforce and supervise the corporation's compliance with the	39069
relocation plan. If the corporation refuses or fails to comply	39070
with the relocation plan and the municipal corporation fails or	39071
refuses to enforce compliance with such plan, the director of	39072
development may request the attorney general to commence a civil	39073
action against the municipality and the corporation to require	39074
compliance with such relocation plan. Prior to requesting action	39075
by the attorney general the director shall give notice of the	39076
proposed action to the municipality and the corporation, provide	39077
an opportunity to such municipality and corporation for	39078
discussions on the matter, and allow a reasonable time in which	39079
the corporation may begin compliance with the relocation plan, or	39080
the municipality may commence enforcement of the relocation plan.	39081

(F) That the corporation shall submit annually, within ninety	39082
days after the close of its fiscal year, its auditor's reports to	39083
the mayor and governing body of the municipal corporation;	39084

(G) That the corporation shall, upon request, permit	39085
inspection of property, equipment, buildings, and other facilities	39086
of the corporation, and also permit examination and audit of its	39087
books, contracts, records, documents, and papers by authorized	39088
representatives of the municipal corporation;	39089

(H) That in the event of any dispute between the parties the	39090
matters in controversy shall be resolved by arbitration in the	39091
manner provided therein;	39092

(I) That operation under the financial agreement is	39093
terminable by the corporation in the manner provided by Chapter	39094
1728. of the Revised Code;	39095

(J) That the corporation shall, at all times prior to the	39096
expiration or other termination of the financial agreement, remain	39097
bound by Chapter 1728. of the Revised Code;	39098

(K) ~~That all wages paid to laborers and mechanics employed~~	39099
~~for work on such projects, other than for residential structures~~	39100
~~containing seven or less family units, shall be paid at the~~	39101
~~prevailing rates of wages of laborers and mechanics for the class~~	39102
~~of work called for by the project, which wages shall be determined~~	39103
~~in accordance with the requirements of Chapter 4115. of the~~	39104
~~Revised Code for determination of prevailing wage rates, provided~~	39105
~~that the requirements of this division do not apply where the~~	39106
~~federal government or any of its agencies furnishes by law or~~	39107
~~grant all or any part of the funds used in connection with such~~	39108
~~project and prescribes predetermined minimum wages to be paid to~~	39109
~~such laborers and mechanics.~~	39110

Modifications of the financial agreement may from time to	39111
time be made by agreement between the governing body of the	39112
municipal corporation and the community urban redevelopment	39113
corporation.	39114

Sec. 1751.01. As used in this chapter:

39115

(A)(1) "Basic health care services" means the following	39116
services when medically necessary:	39117

(a) Physician's services, except when such services are	39118
supplemental under division (B) of this section;	39119

(b) Inpatient hospital services;

39120

39121

(d) Emergency health services;

39122

(e) Urgent care services;

39123

(f) Diagnostic laboratory services and diagnostic and	39124
therapeutic radiologic services;	39125

(g) Diagnostic and treatment services, other than	39126
prescription drug services, for biologically based mental	39127
illnesses;	39128

(h) Preventive health care services, including, but not	39129
limited to, voluntary family planning services, infertility	39130
services, periodic physical examinations, prenatal obstetrical	39131
care, and well-child care;	39132

(i) Routine patient care for patients enrolled in an eligible	39133
cancer clinical trial pursuant to section 3923.80 of the Revised	39134
Code.	39135

"Basic health care services" does not include experimental	39136
procedures.	39137

Except as provided by divisions (A)(2) and (3) of this	39138
section in connection with the offering of coverage for diagnostic	39139
and treatment services for biologically based mental illnesses, a	39140
health insuring corporation shall not offer coverage for a health	39141
care service, defined as a basic health care service by this	39142
division, unless it offers coverage for all listed basic health	39143
care services. However, this requirement does not apply to the	39144
coverage of beneficiaries enrolled in medicare pursuant to a	39145
medicare contract, or to the coverage of beneficiaries enrolled in	39146
the federal employee health benefits program pursuant to 5	39147
U.S.C.A. 8905, or to the coverage of medicaid recipients, ~~or to~~	39148
~~the coverage of participants of the children's buy-in program,~~ or	39149
to the coverage of beneficiaries under any federal health care	39150
program regulated by a federal regulatory body, or to the coverage	39151
of beneficiaries under any contract covering officers or employees	39152
of the state that has been entered into by the department of	39153
administrative services.	39154

(2) A health insuring corporation may offer coverage for	39155
diagnostic and treatment services for biologically based mental	39156
illnesses without offering coverage for all other basic health	39157
care services. A health insuring corporation may offer coverage	39158
for diagnostic and treatment services for biologically based	39159
mental illnesses alone or in combination with one or more	39160
supplemental health care services. However, a health insuring	39161
corporation that offers coverage for any other basic health care	39162
service shall offer coverage for diagnostic and treatment services	39163
for biologically based mental illnesses in combination with the	39164
offer of coverage for all other listed basic health care services.	39165

(3) A health insuring corporation that offers coverage for	39166
basic health care services is not required to offer coverage for	39167
diagnostic and treatment services for biologically based mental	39168
illnesses in combination with the offer of coverage for all other	39169
listed basic health care services if all of the following apply:	39170

(a) The health insuring corporation submits documentation	39171
certified by an independent member of the American academy of	39172
actuaries to the superintendent of insurance showing that incurred	39173
claims for diagnostic and treatment services for biologically	39174
based mental illnesses for a period of at least six months	39175
independently caused the health insuring corporation's costs for	39176
claims and administrative expenses for the coverage of basic	39177
health care services to increase by more than one per cent per	39178
year.	39179

(b) The health insuring corporation submits a signed letter	39180
from an independent member of the American academy of actuaries to	39181
the superintendent of insurance opining that the increase in costs	39182
described in division (A)(3)(a) of this section could reasonably	39183
justify an increase of more than one per cent in the annual	39184
premiums or rates charged by the health insuring corporation for	39185
the coverage of basic health care services.	39186

(c) The superintendent of insurance makes the following	39187
determinations from the documentation and opinion submitted	39188
pursuant to divisions (A)(3)(a) and (b) of this section:	39189

(i) Incurred claims for diagnostic and treatment services for	39190
biologically based mental illnesses for a period of at least six	39191
months independently caused the health insuring corporation's	39192
costs for claims and administrative expenses for the coverage of	39193
basic health care services to increase by more than one per cent	39194
per year.	39195

(ii) The increase in costs reasonably justifies an increase	39196
of more than one per cent in the annual premiums or rates charged	39197
by the health insuring corporation for the coverage of basic	39198
health care services.	39199

Any determination made by the superintendent under this	39200
division is subject to Chapter 119. of the Revised Code.	39201

(B)(1) "Supplemental health care services" means any health	39202
care services other than basic health care services that a health	39203
insuring corporation may offer, alone or in combination with	39204
either basic health care services or other supplemental health	39205
care services, and includes:	39206

(a) Services of facilities for intermediate or long-term	39207
care, or both;	39208

(b) Dental care services;

39209

(c) Vision care and optometric services including lenses and	39210
frames;	39211

(d) Podiatric care or foot care services;

39212

(e) Mental health services, excluding diagnostic and	39213
treatment services for biologically based mental illnesses;	39214

(f) Short-term outpatient evaluative and crisis-intervention	39215
mental health services;	39216

(g) Medical or psychological treatment and referral services	39217
for alcohol and drug abuse or addiction;	39218

(h) Home health services;

39219

(i) Prescription drug services;

39220

(j) Nursing services;

39221

(k) Services of a dietitian licensed under Chapter 4759. of	39222
the Revised Code;	39223

(l) Physical therapy services;

39224

(m) Chiropractic services;

39225

(n) Any other category of services approved by the	39226
superintendent of insurance.	39227

(2) If a health insuring corporation offers prescription drug	39228
services under this division, the coverage shall include	39229
prescription drug services for the treatment of biologically based	39230
mental illnesses on the same terms and conditions as other	39231
physical diseases and disorders.	39232

(C) "Specialty health care services" means one of the	39233
supplemental health care services listed in division (B) of this	39234
section, when provided by a health insuring corporation on an	39235
outpatient-only basis and not in combination with other	39236
supplemental health care services.	39237

(D) "Biologically based mental illnesses" means	39238
schizophrenia, schizoaffective disorder, major depressive	39239
disorder, bipolar disorder, paranoia and other psychotic	39240
disorders, obsessive-compulsive disorder, and panic disorder, as	39241
these terms are defined in the most recent edition of the	39242
diagnostic and statistical manual of mental disorders published by	39243
the American psychiatric association.	39244

(E) ~~"Children's buy-in program" has the same meaning as in~~	39245
~~section 5101.5211 of the Revised Code.~~	39246

~~(F)~~ "Closed panel plan" means a health care plan that	39247
requires enrollees to use participating providers.	39248

~~(G)~~(F) "Compensation" means remuneration for the provision of	39249
health care services, determined on other than a fee-for-service	39250
or discounted-fee-for-service basis.	39251

~~(H)~~(G) "Contractual periodic prepayment" means the formula	39252
for determining the premium rate for all subscribers of a health	39253
insuring corporation.	39254

~~(I)~~(H) "Corporation" means a corporation formed under Chapter	39255
1701. or 1702. of the Revised Code or the similar laws of another	39256
state.	39257

~~(J)~~(I) "Emergency health services" means those health care	39258
services that must be available on a seven-days-per-week,	39259
twenty-four-hours-per-day basis in order to prevent jeopardy to an	39260
enrollee's health status that would occur if such services were	39261
not received as soon as possible, and includes, where appropriate,	39262
provisions for transportation and indemnity payments or service	39263
agreements for out-of-area coverage.	39264

~~(K)~~(J) "Enrollee" means any natural person who is entitled to	39265
receive health care benefits provided by a health insuring	39266
corporation.	39267

~~(L)~~(K) "Evidence of coverage" means any certificate,	39268
agreement, policy, or contract issued to a subscriber that sets	39269
out the coverage and other rights to which such person is entitled	39270
under a health care plan.	39271

~~(M)~~(L) "Health care facility" means any facility, except a	39272
health care practitioner's office, that provides preventive,	39273
diagnostic, therapeutic, acute convalescent, rehabilitation,	39274
mental health, mental retardation, intermediate care, or skilled	39275
nursing services.	39276

~~(N)~~(M) "Health care services" means basic, supplemental, and	39277
specialty health care services.	39278

~~(O)~~(N) "Health delivery network" means any group of providers	39279
or health care facilities, or both, or any representative thereof,	39280
that have entered into an agreement to offer health care services	39281
in a panel rather than on an individual basis.	39282

~~(P)~~(O) "Health insuring corporation" means a corporation, as	39283
defined in division ~~(I)~~(H) of this section, that, pursuant to a	39284
policy, contract, certificate, or agreement, pays for, reimburses,	39285
or provides, delivers, arranges for, or otherwise makes available,	39286
basic health care services, supplemental health care services, or	39287
specialty health care services, or a combination of basic health	39288
care services and either supplemental health care services or	39289
specialty health care services, through either an open panel plan	39290
or a closed panel plan.	39291

"Health insuring corporation" does not include a limited	39292
liability company formed pursuant to Chapter 1705. of the Revised	39293
Code, an insurer licensed under Title XXXIX of the Revised Code if	39294
that insurer offers only open panel plans under which all	39295
providers and health care facilities participating receive their	39296
compensation directly from the insurer, a corporation formed by or	39297
on behalf of a political subdivision or a department, office, or	39298
institution of the state, or a public entity formed by or on	39299
behalf of a board of county commissioners, a county board of	39300
developmental disabilities, an alcohol and drug addiction services	39301
board, a board of alcohol, drug addiction, and mental health	39302
services, or a community mental health board, as those terms are	39303
used in Chapters 340. and 5126. of the Revised Code. Except as	39304
provided by division (D) of section 1751.02 of the Revised Code,	39305
or as otherwise provided by law, no board, commission, agency, or	39306
other entity under the control of a political subdivision may	39307
accept insurance risk in providing for health care services.	39308
However, nothing in this division shall be construed as	39309
prohibiting such entities from purchasing the services of a health	39310
insuring corporation or a third-party administrator licensed under	39311
Chapter 3959. of the Revised Code.	39312

~~(Q)~~(P) "Intermediary organization" means a health delivery	39313
network or other entity that contracts with licensed health	39314
insuring corporations or self-insured employers, or both, to	39315
provide health care services, and that enters into contractual	39316
arrangements with other entities for the provision of health care	39317
services for the purpose of fulfilling the terms of its contracts	39318
with the health insuring corporations and self-insured employers.	39319

~~(R)~~(Q) "Intermediate care" means residential care above the	39320
level of room and board for patients who require personal	39321
assistance and health-related services, but who do not require	39322
skilled nursing care.	39323

~~(S)~~(R) "Medicaid" has the same meaning as in section 5111.01	39324
of the Revised Code.	39325

~~(T)~~(S) "Medical record" means the personal information that	39326
relates to an individual's physical or mental condition, medical	39327
history, or medical treatment.	39328

~~(U)~~(T) "Medicare" means the program established under Title	39329
XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.	39330
1395, as amended.	39331

~~(V)~~(U)(1) "Open panel plan" means a health care plan that	39332
provides incentives for enrollees to use participating providers	39333
and that also allows enrollees to use providers that are not	39334
participating providers.	39335

(2) No health insuring corporation may offer an open panel	39336
plan, unless the health insuring corporation is also licensed as	39337
an insurer under Title XXXIX of the Revised Code, the health	39338
insuring corporation, on June 4, 1997, holds a certificate of	39339
authority or license to operate under Chapter 1736. or 1740. of	39340
the Revised Code, or an insurer licensed under Title XXXIX of the	39341
Revised Code is responsible for the out-of-network risk as	39342
evidenced by both an evidence of coverage filing under section	39343
1751.11 of the Revised Code and a policy and certificate filing	39344
under section 3923.02 of the Revised Code.	39345

~~(W)~~(V) "Panel" means a group of providers or health care	39346
facilities that have joined together to deliver health care	39347
services through a contractual arrangement with a health insuring	39348
corporation, employer group, or other payor.	39349

~~(X)~~(W) "Person" has the same meaning as in section 1.59 of	39350
the Revised Code, and, unless the context otherwise requires,	39351
includes any insurance company holding a certificate of authority	39352
under Title XXXIX of the Revised Code, any subsidiary and	39353
affiliate of an insurance company, and any government agency.	39354

~~(Y)~~(X) "Premium rate" means any set fee regularly paid by a	39355
subscriber to a health insuring corporation. A "premium rate" does	39356
not include a one-time membership fee, an annual administrative	39357
fee, or a nominal access fee, paid to a managed health care system	39358
under which the recipient of health care services remains solely	39359
responsible for any charges accessed for those services by the	39360
provider or health care facility.	39361

~~(Z)~~(Y) "Primary care provider" means a provider that is	39362
designated by a health insuring corporation to supervise,	39363
coordinate, or provide initial care or continuing care to an	39364
enrollee, and that may be required by the health insuring	39365
corporation to initiate a referral for specialty care and to	39366
maintain supervision of the health care services rendered to the	39367
enrollee.	39368

~~(AA)~~(Z) "Provider" means any natural person or partnership of	39369
natural persons who are licensed, certified, accredited, or	39370
otherwise authorized in this state to furnish health care	39371
services, or any professional association organized under Chapter	39372
1785. of the Revised Code, provided that nothing in this chapter	39373
or other provisions of law shall be construed to preclude a health	39374
insuring corporation, health care practitioner, or organized	39375
health care group associated with a health insuring corporation	39376
from employing certified nurse practitioners, certified nurse	39377
anesthetists, clinical nurse specialists, certified nurse	39378
midwives, dietitians, physician assistants, dental assistants,	39379
dental hygienists, optometric technicians, or other allied health	39380
personnel who are licensed, certified, accredited, or otherwise	39381
authorized in this state to furnish health care services.	39382

~~(BB)~~(AA) "Provider sponsored organization" means a	39383
corporation, as defined in division ~~(I)~~(H) of this section, that	39384
is at least eighty per cent owned or controlled by one or more	39385
hospitals, as defined in section 3727.01 of the Revised Code, or	39386
one or more physicians licensed to practice medicine or surgery or	39387
osteopathic medicine and surgery under Chapter 4731. of the	39388
Revised Code, or any combination of such physicians and hospitals.	39389
Such control is presumed to exist if at least eighty per cent of	39390
the voting rights or governance rights of a provider sponsored	39391
organization are directly or indirectly owned, controlled, or	39392
otherwise held by any combination of the physicians and hospitals	39393
described in this division.	39394

~~(CC)~~(BB) "Solicitation document" means the written materials	39395
provided to prospective subscribers or enrollees, or both, and	39396
used for advertising and marketing to induce enrollment in the	39397
health care plans of a health insuring corporation.	39398

~~(DD)~~(CC) "Subscriber" means a person who is responsible for	39399
making payments to a health insuring corporation for participation	39400
in a health care plan, or an enrollee whose employment or other	39401
status is the basis of eligibility for enrollment in a health	39402
insuring corporation.	39403

~~(EE)~~(DD) "Urgent care services" means those health care	39404
services that are appropriately provided for an unforeseen	39405
condition of a kind that usually requires medical attention	39406
without delay but that does not pose a threat to the life, limb,	39407
or permanent health of the injured or ill person, and may include	39408
such health care services provided out of the health insuring	39409
corporation's approved service area pursuant to indemnity payments	39410
or service agreements.	39411

Sec. 1751.04. (A) Except as provided by division (D) of this	39412
section, upon the receipt by the superintendent of insurance of a	39413
complete application for a certificate of authority to establish	39414
or operate a health insuring corporation, which application sets	39415
forth or is accompanied by the information and documents required	39416
by division (A) of section 1751.03 of the Revised Code, the	39417
superintendent shall review the application and accompanying	39418
documents and make findings as to whether the applicant for a	39419
certificate of authority has done all of the following with	39420
respect to any basic health care services and supplemental health	39421
care services to be furnished:	39422

(1) Demonstrated the willingness and potential ability to	39423
ensure that all basic health care services and supplemental health	39424
care services described in the evidence of coverage will be	39425
provided to all its enrollees as promptly as is appropriate and in	39426
a manner that assures continuity;	39427

(2) Made effective arrangements to ensure that its enrollees	39428
have reliable access to qualified providers in those specialties	39429
that are generally available in the geographic area or areas to be	39430
served by the applicant and that are necessary to provide all	39431
basic health care services and supplemental health care services	39432
described in the evidence of coverage;	39433

(3) Made appropriate arrangements for the availability of	39434
short-term health care services in emergencies within the	39435
geographic area or areas to be served by the applicant,	39436
twenty-four hours per day, seven days per week, and for the	39437
provision of adequate coverage whenever an out-of-area emergency	39438
arises;	39439

(4) Made appropriate arrangements for an ongoing evaluation	39440
and assurance of the quality of health care services provided to	39441
enrollees, including, if applicable, the development of a quality	39442
assurance program complying with the requirements of sections	39443
1751.73 to 1751.75 of the Revised Code, and the adequacy of the	39444
personnel, facilities, and equipment by or through which the	39445
services are rendered;	39446

(5) Developed a procedure to gather and report statistics	39447
relating to the cost and effectiveness of its operations, the	39448
pattern of utilization of its services, and the quality,	39449
availability, and accessibility of its services.	39450

(B) Based upon the information provided in the application	39451
for issuance of a certificate of authority, the superintendent	39452
shall determine whether or not the applicant meets the	39453
requirements of division (A) of this section. If the	39454
superintendent determines that the applicant does not meet these	39455
requirements, the superintendent shall specify in what respects it	39456
is deficient. However, the superintendent shall not deny an	39457
application because the requirements of this section are not met	39458
unless the applicant has been given an opportunity for a hearing	39459
on that issue.	39460

(C) If the applicant requests a hearing, the superintendent	39461
shall hold a hearing before denying an application because the	39462
applicant does not meet the requirements of this section. The	39463
hearing shall be held in accordance with Chapter 119. of the	39464
Revised Code.	39465

(D) Nothing in this section requires the superintendent to	39466
review or make findings with regard to an application and	39467
accompanying documents to establish or operate any of the	39468
following:	39469

(1) A health insuring corporation to cover solely medicaid	39470
recipients;	39471

(2) A health insuring corporation to cover solely medicare	39472
beneficiaries;	39473

(3) A health insuring corporation to cover solely medicaid	39474
recipients and medicare beneficiaries;	39475

~~(4) A health insuring corporation to cover solely~~	39476
~~participants of the children's buy-in program;~~	39477

~~(5) A health insuring corporation to cover solely medicaid~~	39478
~~recipients and participants of the children's buy-in program;~~	39479

~~(6) A health insuring corporation to cover solely medicaid~~	39480
~~recipients, medicare beneficiaries, and participants of the~~	39481
~~children's buy-in program~~.	39482

Sec. 1751.11. (A) Every subscriber of a health insuring	39483
corporation is entitled to an evidence of coverage for the health	39484
care plan under which health care benefits are provided.	39485

(B) Every subscriber of a health insuring corporation that	39486
offers basic health care services is entitled to an identification	39487
card or similar document that specifies the health insuring	39488
corporation's name as stated in its articles of incorporation, and	39489
any trade or fictitious names used by the health insuring	39490
corporation. The identification card or document shall list at	39491
least one toll-free telephone number that provides the subscriber	39492
with access, to information on a twenty-four-hours-per-day,	39493
seven-days-per-week basis, as to how health care services may be	39494
obtained. The identification card or document shall also list at	39495
least one toll-free number that, during normal business hours,	39496
provides the subscriber with access to information on the coverage	39497
available under the subscriber's health care plan and information	39498
on the health care plan's internal and external review processes.	39499

(C) No evidence of coverage, or amendment to the evidence of	39500
coverage, shall be delivered, issued for delivery, renewed, or	39501
used, until the form of the evidence of coverage or amendment has	39502
been filed by the health insuring corporation with the	39503
superintendent of insurance. If the superintendent does not	39504
disapprove the evidence of coverage or amendment within sixty days	39505
after it is filed it shall be deemed approved, unless the	39506
superintendent sooner gives approval for the evidence of coverage	39507
or amendment. With respect to an amendment to an approved evidence	39508
of coverage, the superintendent only may disapprove provisions	39509
amended or added to the evidence of coverage. If the	39510
superintendent determines within the sixty-day period that any	39511
evidence of coverage or amendment fails to meet the requirements	39512
of this section, the superintendent shall so notify the health	39513
insuring corporation and it shall be unlawful for the health	39514
insuring corporation to use such evidence of coverage or	39515
amendment. At any time, the superintendent, upon at least thirty	39516
days' written notice to a health insuring corporation, may	39517
withdraw an approval, deemed or actual, of any evidence of	39518
coverage or amendment on any of the grounds stated in this	39519
section. Such disapproval shall be effected by a written order,	39520
which shall state the grounds for disapproval and shall be issued	39521
in accordance with Chapter 119. of the Revised Code.	39522

(D) No evidence of coverage or amendment shall be delivered,	39523
issued for delivery, renewed, or used:	39524

(1) If it contains provisions or statements that are	39525
inequitable, untrue, misleading, or deceptive;	39526

(2) Unless it contains a clear, concise, and complete	39527
statement of the following:	39528

(a) The health care services and insurance or other benefits,	39529
if any, to which an enrollee is entitled under the health care	39530
plan;	39531

(b) Any exclusions or limitations on the health care	39532
services, type of health care services, benefits, or type of	39533
benefits to be provided, including copayments and deductibles;	39534

(c) An enrollee's personal financial obligation for	39535
noncovered services;	39536

(d) Where and in what manner general information and	39537
information as to how health care services may be obtained is	39538
available, including a toll-free telephone number;	39539

(e) The premium rate with respect to individual and	39540
conversion contracts, and relevant copayment and deductible	39541
provisions with respect to all contracts. The statement of the	39542
premium rate, however, may be contained in a separate insert.	39543

(f) The method utilized by the health insuring corporation	39544
for resolving enrollee complaints;	39545

(g) The utilization review, internal review, and external	39546
review procedures established under sections 1751.77 to 1751.85 of	39547
the Revised Code.	39548

(3) Unless it provides for the continuation of an enrollee's	39549
coverage, in the event that the enrollee's coverage under the	39550
group policy, contract, certificate, or agreement terminates while	39551
the enrollee is receiving inpatient care in a hospital. This	39552
continuation of coverage shall terminate at the earliest	39553
occurrence of any of the following:	39554

(a) The enrollee's discharge from the hospital;

39555

(b) The determination by the enrollee's attending physician	39556
that inpatient care is no longer medically indicated for the	39557
enrollee; however, nothing in division (D)(3)(b) of this section	39558
precludes a health insuring corporation from engaging in	39559
utilization review as described in the evidence of coverage.	39560

(c) The enrollee's reaching the limit for contractual	39561
benefits;	39562

(d) The effective date of any new coverage.

39563

(4) Unless it contains a provision that states, in substance,	39564
that the health insuring corporation is not a member of any	39565
guaranty fund, and that in the event of the health insuring	39566
corporation's insolvency, an enrollee is protected only to the	39567
extent that the hold harmless provision required by section	39568
1751.13 of the Revised Code applies to the health care services	39569
rendered;	39570

(5) Unless it contains a provision that states, in substance,	39571
that in the event of the insolvency of the health insuring	39572
corporation, an enrollee may be financially responsible for health	39573
care services rendered by a provider or health care facility that	39574
is not under contract to the health insuring corporation, whether	39575
or not the health insuring corporation authorized the use of the	39576
provider or health care facility.	39577

(E) Notwithstanding divisions (C) and (D) of this section, a	39578
health insuring corporation may use an evidence of coverage that	39579
provides for the coverage of beneficiaries enrolled in medicare	39580
pursuant to a medicare contract, or an evidence of coverage that	39581
provides for the coverage of beneficiaries enrolled in the federal	39582
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	39583
an evidence of coverage that provides for the coverage of medicaid	39584
recipients, ~~or an evidence of coverage that provides for coverage~~	39585
~~of participants of the children's buy-in program,~~ or an evidence	39586
of coverage that provides for the coverage of beneficiaries under	39587
any other federal health care program regulated by a federal	39588
regulatory body, or an evidence of coverage that provides for the	39589
coverage of beneficiaries under any contract covering officers or	39590
employees of the state that has been entered into by the	39591
department of administrative services, if both of the following	39592
apply:	39593

(1) The evidence of coverage has been approved by the United	39594
States department of health and human services, the United States	39595
office of personnel management, the Ohio department of job and	39596
family services, or the department of administrative services.	39597

(2) The evidence of coverage is filed with the superintendent	39598
of insurance prior to use and is accompanied by documentation of	39599
approval from the United States department of health and human	39600
services, the United States office of personnel management, the	39601
Ohio department of job and family services, or the department of	39602
administrative services.	39603

Sec. 1751.111. (A)(1) This section applies to both of the	39604
following:	39605

(a) A health insuring corporation that issues or requires the	39606
use of a standardized identification card or an electronic	39607
technology for submission and routing of prescription drug claims	39608
pursuant to a policy, contract, or agreement for health care	39609
services;	39610

(b) A person or entity that a health insuring corporation	39611
contracts with to issue a standardized identification card or an	39612
electronic technology described in division (A)(1)(a) of this	39613
section.	39614

(2) Notwithstanding division (A)(1) of this section, this	39615
section does not apply to the issuance or required use of a	39616
standardized identification card or an electronic technology for	39617
submission and routing of prescription drug claims in connection	39618
with any of the following:	39619

(a) Coverage provided under the medicare advantage program	39620
operated pursuant to Part C of Title XVIII of the "Social Security	39621
Act," 49 Stat. 62 (1935), 42 U.S.C. 301, as amended.	39622

(b) Coverage provided under medicaid.

39623

39624

~~(d)~~ Coverage provided under an employer's self-insurance plan	39625
or by any of its administrators, as defined in section 3959.01 of	39626
the Revised Code, to the extent that federal law supersedes,	39627
preempts, prohibits, or otherwise precludes the application of	39628
this section to the plan and its administrators.	39629

(B) A standardized identification card or an electronic	39630
technology issued or required to be used as provided in division	39631
(A)(1) of this section shall contain uniform prescription drug	39632
information in accordance with either division (B)(1) or (2) of	39633
this section.	39634

(1) The standardized identification card or the electronic	39635
technology shall be in a format and contain information fields	39636
approved by the national council for prescription drug programs or	39637
a successor organization, as specified in the council's or	39638
successor organization's pharmacy identification card	39639
implementation guide in effect on the first day of October most	39640
immediately preceding the issuance or required use of the	39641
standardized identification card or the electronic technology.	39642

(2) If the health insuring corporation or the person under	39643
contract with the corporation to issue a standardized	39644
identification card or an electronic technology requires the	39645
information for the submission and routing of a claim, the	39646
standardized identification card or the electronic technology	39647
shall contain any of the following information:	39648

(a) The health insuring corporation's name;

39649

(b) The subscriber's name, group number, and identification	39650
number;	39651

(c) A telephone number to inquire about pharmacy-related	39652
issues;	39653

(d) The issuer's international identification number, labeled	39654
as "ANSI BIN" or "RxBIN";	39655

(e) The processor's control number, labeled as "RxPCN";

39656

(f) The subscriber's pharmacy benefits group number if	39657
different from the subscriber's medical group number, labeled as	39658
"RxGrp."	39659

(C) If the standardized identification card or the electronic	39660
technology issued or required to be used as provided in division	39661
(A)(1) of this section is also used for submission and routing of	39662
nonpharmacy claims, the designation "Rx" is required to be	39663
included as part of the labels identified in divisions (B)(2)(d)	39664
and (e) of this section if the issuer's international	39665
identification number or the processor's control number is	39666
different for medical and pharmacy claims.	39667

(D) Each health insuring corporation described in division	39668
(A) of this section shall annually file a certificate with the	39669
superintendent of insurance certifying that it or any person it	39670
contracts with to issue a standardized identification card or	39671
electronic technology for submission and routing of prescription	39672
drug claims complies with this section.	39673

(E)(1) Except as provided in division (E)(2) of this section,	39674
if there is a change in the information contained in the	39675
standardized identification card or the electronic technology	39676
issued to a subscriber, the health insuring corporation or person	39677
under contract with the corporation to issue a standardized	39678
identification card or an electronic technology shall issue a new	39679
card or electronic technology to the subscriber.	39680

(2) A health insuring corporation or person under contract	39681
with the corporation is not required under division (E)(1) of this	39682
section to issue a new card or electronic technology to a	39683
subscriber more than once during a twelve-month period.	39684

(F) Nothing in this section shall be construed as requiring a	39685
health insuring corporation to produce more than one standardized	39686
identification card or one electronic technology for use by	39687
subscribers accessing health care benefits provided under a	39688
policy, contract, or agreement for health care services.	39689

Sec. 1751.12. (A)(1) No contractual periodic prepayment and	39690
no premium rate for nongroup and conversion policies for health	39691
care services, or any amendment to them, may be used by any health	39692
insuring corporation at any time until the contractual periodic	39693
prepayment and premium rate, or amendment, have been filed with	39694
the superintendent of insurance, and shall not be effective until	39695
the expiration of sixty days after their filing unless the	39696
superintendent sooner gives approval. The filing shall be	39697
accompanied by an actuarial certification in the form prescribed	39698
by the superintendent. The superintendent shall disapprove the	39699
filing, if the superintendent determines within the sixty-day	39700
period that the contractual periodic prepayment or premium rate,	39701
or amendment, is not in accordance with sound actuarial principles	39702
or is not reasonably related to the applicable coverage and	39703
characteristics of the applicable class of enrollees. The	39704
superintendent shall notify the health insuring corporation of the	39705
disapproval, and it shall thereafter be unlawful for the health	39706
insuring corporation to use the contractual periodic prepayment or	39707
premium rate, or amendment.	39708

(2) No contractual periodic prepayment for group policies for	39709
health care services shall be used until the contractual periodic	39710
prepayment has been filed with the superintendent. The filing	39711
shall be accompanied by an actuarial certification in the form	39712
prescribed by the superintendent. The superintendent may reject a	39713
filing made under division (A)(2) of this section at any time,	39714
with at least thirty days' written notice to a health insuring	39715
corporation, if the contractual periodic prepayment is not in	39716
accordance with sound actuarial principles or is not reasonably	39717
related to the applicable coverage and characteristics of the	39718
applicable class of enrollees.	39719

(3) At any time, the superintendent, upon at least thirty	39720
days' written notice to a health insuring corporation, may	39721
withdraw the approval given under division (A)(1) of this section,	39722
deemed or actual, of any contractual periodic prepayment or	39723
premium rate, or amendment, based on information that either of	39724
the following applies:	39725

(a) The contractual periodic prepayment or premium rate, or	39726
amendment, is not in accordance with sound actuarial principles.	39727

(b) The contractual periodic prepayment or premium rate, or	39728
amendment, is not reasonably related to the applicable coverage	39729
and characteristics of the applicable class of enrollees.	39730

(4) Any disapproval under division (A)(1) of this section,	39731
any rejection of a filing made under division (A)(2) of this	39732
section, or any withdrawal of approval under division (A)(3) of	39733
this section, shall be effected by a written notice, which shall	39734
state the specific basis for the disapproval, rejection, or	39735
withdrawal and shall be issued in accordance with Chapter 119. of	39736
the Revised Code.	39737

(B) Notwithstanding division (A) of this section, a health	39738
insuring corporation may use a contractual periodic prepayment or	39739
premium rate for policies used for the coverage of beneficiaries	39740
enrolled in medicare pursuant to a medicare risk contract or	39741
medicare cost contract, or for policies used for the coverage of	39742
beneficiaries enrolled in the federal employees health benefits	39743
program pursuant to 5 U.S.C.A. 8905, or for policies used for the	39744
coverage of medicaid recipients, ~~or for policies used for coverage~~	39745
~~of participants of the children's buy-in program,~~ or for policies	39746
used for the coverage of beneficiaries under any other federal	39747
health care program regulated by a federal regulatory body, or for	39748
policies used for the coverage of beneficiaries under any contract	39749
covering officers or employees of the state that has been entered	39750
into by the department of administrative services, if both of the	39751
following apply:	39752

(1) The contractual periodic prepayment or premium rate has	39753
been approved by the United States department of health and human	39754
services, the United States office of personnel management, the	39755
department of job and family services, or the department of	39756
administrative services.	39757

(2) The contractual periodic prepayment or premium rate is	39758
filed with the superintendent prior to use and is accompanied by	39759
documentation of approval from the United States department of	39760
health and human services, the United States office of personnel	39761
management, the department of job and family services, or the	39762
department of administrative services.	39763

(C) The administrative expense portion of all contractual	39764
periodic prepayment or premium rate filings submitted to the	39765
superintendent for review must reflect the actual cost of	39766
administering the product. The superintendent may require that the	39767
administrative expense portion of the filings be itemized and	39768
supported.	39769

(D)(1) Copayments must be reasonable and must not be a	39770
barrier to the necessary utilization of services by enrollees.	39771

(2) A health insuring corporation, in order to ensure that	39772
copayments are reasonable and not a barrier to the necessary	39773
utilization of basic health care services by enrollees, may do one	39774
of the following:	39775

(a) Impose copayment charges on any single covered basic	39776
health care service that does not exceed forty per cent of the	39777
average cost to the health insuring corporation of providing the	39778
service;	39779

(b) Impose copayment charges that annually do not exceed	39780
twenty per cent of the total annual cost to the health insuring	39781
corporation of providing all covered basic health care services,	39782
including physician office visits, urgent care services, and	39783
emergency health services, when aggregated as to all persons	39784
covered under the filed product in question. In addition, annual	39785
copayment charges as to each enrollee shall not exceed twenty per	39786
cent of the total annual cost to the health insuring corporation	39787
of providing all covered basic health care services, including	39788
physician office visits, urgent care services, and emergency	39789
health services, as to such enrollee. The total annual cost of	39790
providing a health care service is the cost to the health insuring	39791
corporation of providing the health care service to its enrollees	39792
as reduced by any applicable provider discount.	39793

(3) To ensure that copayments are reasonable and not a	39794
barrier to the utilization of basic health care services, a health	39795
insuring corporation may not impose, in any contract year, on any	39796
subscriber or enrollee, copayments that exceed two hundred per	39797
cent of the average annual premium rate to subscribers or	39798
enrollees.	39799

(4) For purposes of division (D) of this section, both of the	39800
following apply:	39801

(a) Copayments imposed by health insuring corporations in	39802
connection with a high deductible health plan that is linked to a	39803
health savings account are reasonable and are not a barrier to the	39804
necessary utilization of services by enrollees.	39805

(b) Divisions (D)(2) and (3) of this section do not apply to	39806
a high deductible health plan that is linked to a health savings	39807
account.	39808

(E) A health insuring corporation shall not impose lifetime	39809
maximums on basic health care services. However, a health insuring	39810
corporation may establish a benefit limit for inpatient hospital	39811
services that are provided pursuant to a policy, contract,	39812
certificate, or agreement for supplemental health care services.	39813

(F) A health insuring corporation may require that an	39814
enrollee pay an annual deductible that does not exceed one	39815
thousand dollars per enrollee or two thousand dollars per family,	39816
except that:	39817

(1) A health insuring corporation may impose higher	39818
deductibles for high deductible health plans that are linked to	39819
health savings accounts;	39820

(2) The superintendent may adopt rules allowing different	39821
annual deductible amounts for plans with a medical savings	39822
account, health reimbursement arrangement, flexible spending	39823
account, or similar account;	39824

(3) A health insuring corporation may impose higher	39825
deductibles under health plans if requested by the group contract,	39826
policy, certificate, or agreement holder, or an individual seeking	39827
coverage under an individual health plan. This shall not be	39828
construed as requiring the health insuring corporation to create	39829
customized health plans for group contract holders or individuals.	39830

(G) As used in this section, "health savings account" and	39831
"high deductible health plan" have the same meanings as in the	39832
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as	39833
amended.	39834

Sec. 1751.13. (A)(1)(a) A health insuring corporation shall,	39835
either directly or indirectly, enter into contracts for the	39836
provision of health care services with a sufficient number and	39837
types of providers and health care facilities to ensure that all	39838
covered health care services will be accessible to enrollees from	39839
a contracted provider or health care facility.	39840

(b) A health insuring corporation shall not refuse to	39841
contract with a physician for the provision of health care	39842
services or refuse to recognize a physician as a specialist on the	39843
basis that the physician attended an educational program or a	39844
residency program approved or certified by the American	39845
osteopathic association. A health insuring corporation shall not	39846
refuse to contract with a health care facility for the provision	39847
of health care services on the basis that the health care facility	39848
is certified or accredited by the American osteopathic association	39849
or that the health care facility is an osteopathic hospital as	39850
defined in section 3702.51 of the Revised Code.	39851

(c) Nothing in division (A)(1)(b) of this section shall be	39852
construed to require a health insuring corporation to make a	39853
benefit payment under a closed panel plan to a physician or health	39854
care facility with which the health insuring corporation does not	39855
have a contract, provided that none of the bases set forth in that	39856
division are used as a reason for failing to make a benefit	39857
payment.	39858

(2) When a health insuring corporation is unable to provide a	39859
covered health care service from a contracted provider or health	39860
care facility, the health insuring corporation must provide that	39861
health care service from a noncontracted provider or health care	39862
facility consistent with the terms of the enrollee's policy,	39863
contract, certificate, or agreement. The health insuring	39864
corporation shall either ensure that the health care service be	39865
provided at no greater cost to the enrollee than if the enrollee	39866
had obtained the health care service from a contracted provider or	39867
health care facility, or make other arrangements acceptable to the	39868
superintendent of insurance.	39869

(3) Nothing in this section shall prohibit a health insuring	39870
corporation from entering into contracts with out-of-state	39871
providers or health care facilities that are licensed, certified,	39872
accredited, or otherwise authorized in that state.	39873

(B)(1) A health insuring corporation shall, either directly	39874
or indirectly, enter into contracts with all providers and health	39875
care facilities through which health care services are provided to	39876
its enrollees.	39877

(2) A health insuring corporation, upon written request,	39878
shall assist its contracted providers in finding stop-loss or	39879
reinsurance carriers.	39880

(C) A health insuring corporation shall file an annual	39881
certificate with the superintendent certifying that all provider	39882
contracts and contracts with health care facilities through which	39883
health care services are being provided contain the following:	39884

(1) A description of the method by which the provider or	39885
health care facility will be notified of the specific health care	39886
services for which the provider or health care facility will be	39887
responsible, including any limitations or conditions on such	39888
services;	39889

(2) The specific hold harmless provision specifying	39890
protection of enrollees set forth as follows:	39891

"[Provider/Health Care Facility] agrees that in no event,	39892
including but not limited to nonpayment by the health insuring	39893
corporation, insolvency of the health insuring corporation, or	39894
breach of this agreement, shall [Provider/Health Care Facility]	39895
bill, charge, collect a deposit from, seek remuneration or	39896
reimbursement from, or have any recourse against, a subscriber,	39897
enrollee, person to whom health care services have been provided,	39898
or person acting on behalf of the covered enrollee, for health	39899
care services provided pursuant to this agreement. This does not	39900
prohibit [Provider/Health Care Facility] from collecting	39901
co-insurance, deductibles, or copayments as specifically provided	39902
in the evidence of coverage, or fees for uncovered health care	39903
services delivered on a fee-for-service basis to persons	39904
referenced above, nor from any recourse against the health	39905
insuring corporation or its successor."	39906

(3) Provisions requiring the provider or health care facility	39907
to continue to provide covered health care services to enrollees	39908
in the event of the health insuring corporation's insolvency or	39909
discontinuance of operations. The provisions shall require the	39910
provider or health care facility to continue to provide covered	39911
health care services to enrollees as needed to complete any	39912
medically necessary procedures commenced but unfinished at the	39913
time of the health insuring corporation's insolvency or	39914
discontinuance of operations. The completion of a medically	39915
necessary procedure shall include the rendering of all covered	39916
health care services that constitute medically necessary follow-up	39917
care for that procedure. If an enrollee is receiving necessary	39918
inpatient care at a hospital, the provisions may limit the	39919
required provision of covered health care services relating to	39920
that inpatient care in accordance with division (D)(3) of section	39921
1751.11 of the Revised Code, and may also limit such required	39922
provision of covered health care services to the period ending	39923
thirty days after the health insuring corporation's insolvency or	39924
discontinuance of operations.	39925

The provisions required by division (C)(3) of this section	39926
shall not require any provider or health care facility to continue	39927
to provide any covered health care service after the occurrence of	39928
any of the following:	39929

(a) The end of the thirty-day period following the entry of a	39930
liquidation order under Chapter 3903. of the Revised Code;	39931

(b) The end of the enrollee's period of coverage for a	39932
contractual prepayment or premium;	39933

(c) The enrollee obtains equivalent coverage with another	39934
health insuring corporation or insurer, or the enrollee's employer	39935
obtains such coverage for the enrollee;	39936

(d) The enrollee or the enrollee's employer terminates	39937
coverage under the contract;	39938

(e) A liquidator effects a transfer of the health insuring	39939
corporation's obligations under the contract under division (A)(8)	39940
of section 3903.21 of the Revised Code.	39941

(4) A provision clearly stating the rights and	39942
responsibilities of the health insuring corporation, and of the	39943
contracted providers and health care facilities, with respect to	39944
administrative policies and programs, including, but not limited	39945
to, payments systems, utilization review, quality assurance,	39946
assessment, and improvement programs, credentialing,	39947
confidentiality requirements, and any applicable federal or state	39948
programs;	39949

(5) A provision regarding the availability and	39950
confidentiality of those health records maintained by providers	39951
and health care facilities to monitor and evaluate the quality of	39952
care, to conduct evaluations and audits, and to determine on a	39953
concurrent or retrospective basis the necessity of and	39954
appropriateness of health care services provided to enrollees. The	39955
provision shall include terms requiring the provider or health	39956
care facility to make these health records available to	39957
appropriate state and federal authorities involved in assessing	39958
the quality of care or in investigating the grievances or	39959
complaints of enrollees, and requiring the provider or health care	39960
facility to comply with applicable state and federal laws related	39961
to the confidentiality of medical or health records.	39962

(6) A provision that states that contractual rights and	39963
responsibilities may not be assigned or delegated by the provider	39964
or health care facility without the prior written consent of the	39965
health insuring corporation;	39966

(7) A provision requiring the provider or health care	39967
facility to maintain adequate professional liability and	39968
malpractice insurance. The provision shall also require the	39969
provider or health care facility to notify the health insuring	39970
corporation not more than ten days after the provider's or health	39971
care facility's receipt of notice of any reduction or cancellation	39972
of such coverage.	39973

(8) A provision requiring the provider or health care	39974
facility to observe, protect, and promote the rights of enrollees	39975
as patients;	39976

(9) A provision requiring the provider or health care	39977
facility to provide health care services without discrimination on	39978
the basis of a patient's participation in the health care plan,	39979
age, sex, ethnicity, religion, sexual preference, health status,	39980
or disability, and without regard to the source of payments made	39981
for health care services rendered to a patient. This requirement	39982
shall not apply to circumstances when the provider or health care	39983
facility appropriately does not render services due to limitations	39984
arising from the provider's or health care facility's lack of	39985
training, experience, or skill, or due to licensing restrictions.	39986

(10) A provision containing the specifics of any obligation	39987
on the primary care provider to provide, or to arrange for the	39988
provision of, covered health care services twenty-four hours per	39989
day, seven days per week;	39990

(11) A provision setting forth procedures for the resolution	39991
of disputes arising out of the contract;	39992

(12) A provision stating that the hold harmless provision	39993
required by division (C)(2) of this section shall survive the	39994
termination of the contract with respect to services covered and	39995
provided under the contract during the time the contract was in	39996
effect, regardless of the reason for the termination, including	39997
the insolvency of the health insuring corporation;	39998

(13) A provision requiring those terms that are used in the	39999
contract and that are defined by this chapter, be used in the	40000
contract in a manner consistent with those definitions.	40001

This division does not apply to the coverage of beneficiaries	40002
enrolled in medicare pursuant to a medicare risk contract or	40003
medicare cost contract, or to the coverage of beneficiaries	40004
enrolled in the federal employee health benefits program pursuant	40005
to 5 U.S.C.A. 8905, or to the coverage of medicaid recipients, or	40006
to the coverage of beneficiaries under any federal health care	40007
program regulated by a federal regulatory body, ~~or to the coverage~~	40008
~~of participants of the children's buy-in program,~~ or to the	40009
coverage of beneficiaries under any contract covering officers or	40010
employees of the state that has been entered into by the	40011
department of administrative services.	40012

(D)(1) No health insuring corporation contract with a	40013
provider or health care facility shall contain any of the	40014
following:	40015

(a) A provision that directly or indirectly offers an	40016
inducement to the provider or health care facility to reduce or	40017
limit medically necessary health care services to a covered	40018
enrollee;	40019

(b) A provision that penalizes a provider or health care	40020
facility that assists an enrollee to seek a reconsideration of the	40021
health insuring corporation's decision to deny or limit benefits	40022
to the enrollee;	40023

(c) A provision that limits or otherwise restricts the	40024
provider's or health care facility's ethical and legal	40025
responsibility to fully advise enrollees about their medical	40026
condition and about medically appropriate treatment options;	40027

(d) A provision that penalizes a provider or health care	40028
facility for principally advocating for medically necessary health	40029
care services;	40030

(e) A provision that penalizes a provider or health care	40031
facility for providing information or testimony to a legislative	40032
or regulatory body or agency. This shall not be construed to	40033
prohibit a health insuring corporation from penalizing a provider	40034
or health care facility that provides information or testimony	40035
that is libelous or slanderous or that discloses trade secrets	40036
which the provider or health care facility has no privilege or	40037
permission to disclose.	40038

(f) A provision that violates Chapter 3963. of the Revised	40039
Code.	40040

(2) Nothing in this division shall be construed to prohibit a	40041
health insuring corporation from doing either of the following:	40042

(a) Making a determination not to reimburse or pay for a	40043
particular medical treatment or other health care service;	40044

(b) Enforcing reasonable peer review or utilization review	40045
protocols, or determining whether a particular provider or health	40046
care facility has complied with these protocols.	40047

(E) Any contract between a health insuring corporation and an	40048
intermediary organization shall clearly specify that the health	40049
insuring corporation must approve or disapprove the participation	40050
of any provider or health care facility with which the	40051
intermediary organization contracts.	40052

(F) If an intermediary organization that is not a health	40053
delivery network contracting solely with self-insured employers	40054
subcontracts with a provider or health care facility, the	40055
subcontract with the provider or health care facility shall do all	40056
of the following:	40057

(1) Contain the provisions required by divisions (C) and (G)	40058
of this section, as made applicable to an intermediary	40059
organization, without the inclusion of inducements or penalties	40060
described in division (D) of this section;	40061

(2) Acknowledge that the health insuring corporation is a	40062
third-party beneficiary to the agreement;	40063

(3) Acknowledge the health insuring corporation's role in	40064
approving the participation of the provider or health care	40065
facility, pursuant to division (E) of this section.	40066

(G) Any provider contract or contract with a health care	40067
facility shall clearly specify the health insuring corporation's	40068
statutory responsibility to monitor and oversee the offering of	40069
covered health care services to its enrollees.	40070

(H)(1) A health insuring corporation shall maintain its	40071
provider contracts and its contracts with health care facilities	40072
at one or more of its places of business in this state, and shall	40073
provide copies of these contracts to facilitate regulatory review	40074
upon written notice by the superintendent of insurance.	40075

(2) Any contract with an intermediary organization that	40076
accepts compensation shall include provisions requiring the	40077
intermediary organization to provide the superintendent with	40078
regulatory access to all books, records, financial information,	40079
and documents related to the provision of health care services to	40080
subscribers and enrollees under the contract. The contract shall	40081
require the intermediary organization to maintain such books,	40082
records, financial information, and documents at its principal	40083
place of business in this state and to preserve them for at least	40084
three years in a manner that facilitates regulatory review.	40085

(I)(1) A health insuring corporation shall notify its	40086
affected enrollees of the termination of a contract for the	40087
provision of health care services between the health insuring	40088
corporation and a primary care physician or hospital, by mail,	40089
within thirty days after the termination of the contract.	40090

(a) Notice shall be given to subscribers of the termination	40091
of a contract with a primary care physician if the subscriber, or	40092
a dependent covered under the subscriber's health care coverage,	40093
has received health care services from the primary care physician	40094
within the previous twelve months or if the subscriber or	40095
dependent has selected the physician as the subscriber's or	40096
dependent's primary care physician within the previous twelve	40097
months.	40098

(b) Notice shall be given to subscribers of the termination	40099
of a contract with a hospital if the subscriber, or a dependent	40100
covered under the subscriber's health care coverage, has received	40101
health care services from that hospital within the previous twelve	40102
months.	40103

(2) The health insuring corporation shall pay, in accordance	40104
with the terms of the contract, for all covered health care	40105
services rendered to an enrollee by a primary care physician or	40106
hospital between the date of the termination of the contract and	40107
five days after the notification of the contract termination is	40108
mailed to a subscriber at the subscriber's last known address.	40109

(J) Divisions (A) and (B) of this section do not apply to any	40110
health insuring corporation that, on June 4, 1997, holds a	40111
certificate of authority or license to operate under Chapter 1740.	40112
of the Revised Code.	40113

(K) Nothing in this section shall restrict the governing body	40114
of a hospital from exercising the authority granted it pursuant to	40115
section 3701.351 of the Revised Code.	40116

Sec. 1751.15. (A) Each health insuring corporation shall	40117
accept individuals for open enrollment coverage as provided in	40118
sections 3923.58 and 3923.581 of the Revised Code. A health	40119
insuring corporation may reinsure coverage of any individual	40120
acquired under those sections with the open enrollment reinsurance	40121
program in accordance with division (G) of section 3924.11 of the	40122
Revised Code. Fixed periodic prepayment rates charged for coverage	40123
reinsured by the program shall be established in accordance with	40124
section 3924.12 of the Revised Code.	40125

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

40126

(1) Any health insuring corporation that offers only	40127
supplemental health care services or specialty health care	40128
services;	40129

(2) Any health insuring corporation that offers plans only	40130
through medicare,or medicaid~~, or the children's buy-in program~~	40131
and that has no other commercial enrollment;	40132

(3) Any health insuring corporation that offers plans only	40133
through other federal health care programs regulated by federal	40134
regulatory bodies and that has no other commercial enrollment;	40135

(4) Any health insuring corporation that offers plans only	40136
through contracts covering officers or employees of the state that	40137
have been entered into by the department of administrative	40138
services and that has no other commercial enrollment.	40139

Sec. 1751.17. (A) As used in this section, "nongroup	40140
contract" means a contract issued by a health insuring corporation	40141
to an individual who makes direct application for coverage under	40142
the contract and who, if required by the health insuring	40143
corporation, submits to medical underwriting. "Nongroup contract"	40144
does not include group conversion coverage, coverage obtained	40145
through open enrollment, or coverage issued on the basis of	40146
membership in a group.	40147

(B) Except as provided in division (C) of this section, every	40148
nongroup contract that is issued by a health insuring corporation	40149
and that makes available basic health care services shall provide	40150
an option for conversion to a contract issued on a direct-payment	40151
basis to an enrollee covered by the nongroup contract. The option	40152
for conversion shall be available:	40153

(1) Upon the death of the subscriber, to the surviving spouse	40154
with respect to the spouse or dependents who were then covered by	40155
the nongroup contract;	40156

(2) Upon the divorce, dissolution, or annulment of the	40157
marriage of the subscriber, to the divorced spouse, or, in the	40158
event of annulment, to the former spouse of the subscriber;	40159

(3) To a child solely with respect to the child, upon the	40160
child's attaining the limiting age of coverage under the nongroup	40161
contract while covered as a dependent under the contract.	40162

(C) The direct payment contract offered pursuant to division	40163
(B) of this section shall not be made available to an enrollee if	40164
any of the following applies:	40165

(1) The enrollee is, or is eligible to be, covered for	40166
benefits at least comparable to the nongroup contract under any of	40167
the following:	40168

(a) Medicaid;

40169

(b) ~~The children's buy-in program;~~

40170

~~(c)~~ Medicare;

40171

~~(d)~~(c) Any act of congress or law under this or any other	40172
state of the United States providing coverage at least comparable	40173
to the benefits offered under division (C)(1)(a),or (b)~~, or (c)~~	40174
of this section.	40175

(2) The nongroup contract under which the enrollee was	40176
covered was terminated due to nonpayment of a premium rate.	40177

(3) The enrollee is eligible for group coverage provided by,	40178
or available through, an employer or association and the group	40179
coverage provides benefits comparable to the benefits provided	40180
under a direct payment contract.	40181

(D) The direct payment contract offered pursuant to division	40182
(B) of this section shall provide benefits that are at least	40183
comparable to the benefits provided by the nongroup contract under	40184
which the enrollee was covered at the time of the occurrence of	40185
any of the events set forth in division (B) of this section. The	40186
coverage provided under the direct payment contract shall be	40187
continuous, provided that the enrollee makes the required premium	40188
rate payment within the thirty-day period immediately following	40189
the occurrence of the event, and may be terminated for nonpayment	40190
of any required premium rate payment.	40191

(E) The evidence of coverage of every nongroup contract shall	40192
contain notice that an option for conversion to a contract issued	40193
on a direct-payment basis is available, in accordance with this	40194
section, to any enrollee covered by the contract.	40195

(F) Benefits otherwise payable to an enrollee under a direct	40196
payment contract shall be reduced by the amount of any benefits	40197
available to the enrollee under any applicable group health	40198
insuring corporation contract or group sickness and accident	40199
insurance policy.	40200

(G) Nothing in this section shall be construed as requiring a	40201
health insuring corporation to offer nongroup contracts.	40202

(H) This section does not apply to any nongroup contract	40203
offering only supplemental health care services or specialty	40204
health care services.	40205

Sec. 1751.20. (A) No health insuring corporation, or agent,	40206
employee, or representative of a health insuring corporation,	40207
shall use any advertisement or solicitation document, or shall	40208
engage in any activity, that is unfair, untrue, misleading, or	40209
deceptive.	40210

(B) No health insuring corporation shall use a name that is	40211
deceptively similar to the name or description of any insurance or	40212
surety corporation doing business in this state.	40213

(C) All solicitation documents, advertisements, evidences of	40214
coverage, and enrollee identification cards used by a health	40215
insuring corporation shall contain the health insuring	40216
corporation's name. The use of a trade name, an insurance group	40217
designation, the name of a parent company, the name of a division	40218
of an affiliated insurance company, a service mark, a slogan, a	40219
symbol, or other device, without the name of the health insuring	40220
corporation as stated in its articles of incorporation, shall not	40221
satisfy this requirement if the usage would have the capacity and	40222
tendency to mislead or deceive persons as to the true identity of	40223
the health insuring corporation.	40224

(D) No solicitation document or advertisement used by a	40225
health insuring corporation shall contain any words, symbols, or	40226
physical materials that are so similar in content, phraseology,	40227
shape, color, or other characteristic to those used by an agency	40228
of the federal government or this state, that prospective	40229
enrollees may be led to believe that the solicitation document or	40230
advertisement is connected with an agency of the federal	40231
government or this state.	40232

(E) A health insuring corporation that provides basic health	40233
care services may use the phrase "health maintenance organization"	40234
or the abbreviation "HMO" in its marketing name, advertising,	40235
solicitation documents, or marketing literature, or in reference	40236
to the phrase "doing business as" or the abbreviation "DBA."	40237

(F) This section does not apply to the coverage of	40238
beneficiaries enrolled in medicare pursuant to a medicare risk	40239
contract or medicare cost contract, or to the coverage of	40240
beneficiaries enrolled in the federal employee health benefits	40241
program pursuant to 5 U.S.C.A. 8905, or to the coverage of	40242
medicaid recipients~~, or to the coverage of participants of the~~	40243
~~children's buy-in program,~~ or to the coverage of beneficiaries	40244
under any federal health care program regulated by a federal	40245
regulatory body, or to the coverage of beneficiaries under any	40246
contract covering officers or employees of the state that has been	40247
entered into by the department of administrative services.	40248

Sec. 1751.31. (A) Any changes in a health insuring	40249
corporation's solicitation document shall be filed with the	40250
superintendent of insurance. The superintendent, within sixty days	40251
of filing, may disapprove any solicitation document or amendment	40252
to it on any of the grounds stated in this section. Such	40253
disapproval shall be effected by written notice to the health	40254
insuring corporation. The notice shall state the grounds for	40255
disapproval and shall be issued in accordance with Chapter 119. of	40256
the Revised Code.	40257

(B) The solicitation document shall contain all information	40258
necessary to enable a consumer to make an informed choice as to	40259
whether or not to enroll in the health insuring corporation. The	40260
information shall include a specific description of the health	40261
care services to be available and the approximate number and type	40262
of full-time equivalent medical practitioners. The information	40263
shall be presented in the solicitation document in a manner that	40264
is clear, concise, and intelligible to prospective applicants in	40265
the proposed service area.	40266

(C) Every potential applicant whose subscription to a health	40267
care plan is solicited shall receive, at or before the time of	40268
solicitation, a solicitation document approved by the	40269
superintendent.	40270

(D) Notwithstanding division (A) of this section, a health	40271
insuring corporation may use a solicitation document that the	40272
corporation uses in connection with policies for medicare	40273
beneficiaries pursuant to a medicare risk contract or medicare	40274
cost contract, or for policies for beneficiaries of the federal	40275
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	40276
for policies for medicaid recipients, or for policies for	40277
beneficiaries of any other federal health care program regulated	40278
by a federal regulatory body, ~~or for policies for participants of~~	40279
~~the children's buy-in program,~~ or for policies for beneficiaries	40280
of contracts covering officers or employees of the state entered	40281
into by the department of administrative services, if both of the	40282
following apply:	40283

(1) The solicitation document has been approved by the United	40284
States department of health and human services, the United States	40285
office of personnel management, the department of job and family	40286
services, or the department of administrative services.	40287

(2) The solicitation document is filed with the	40288
superintendent of insurance prior to use and is accompanied by	40289
documentation of approval from the United States department of	40290
health and human services, the United States office of personnel	40291
management, the department of job and family services, or the	40292
department of administrative services.	40293

(E) No health insuring corporation, or its agents or	40294
representatives, shall use monetary or other valuable	40295
consideration, engage in misleading or deceptive practices, or	40296
make untrue, misleading, or deceptive representations to induce	40297
enrollment. Nothing in this division shall prohibit incentive	40298
forms of remuneration such as commission sales programs for the	40299
health insuring corporation's employees and agents.	40300

(F) Any person obligated for any part of a premium rate in	40301
connection with an enrollment agreement, in addition to any right	40302
otherwise available to revoke an offer, may cancel such agreement	40303
within seventy-two hours after having signed the agreement or	40304
offer to enroll. Cancellation occurs when written notice of the	40305
cancellation is given to the health insuring corporation or its	40306
agents or other representatives. A notice of cancellation mailed	40307
to the health insuring corporation shall be considered to have	40308
been filed on its postmark date.	40309

(G) Nothing in this section shall prohibit healthy lifestyle	40310
programs.	40311

Sec. 1751.34. (A) Each health insuring corporation and each	40312
applicant for a certificate of authority under this chapter shall	40313
be subject to examination by the superintendent of insurance in	40314
accordance with section 3901.07 of the Revised Code. Section	40315
3901.07 of the Revised Code shall govern every aspect of the	40316
examination, including the circumstances under and frequency with	40317
which it is conducted, the authority of the superintendent and any	40318
examiner or other person appointed by the superintendent, the	40319
liability for the assessment of expenses incurred in conducting	40320
the examination, and the remittance of the assessment to the	40321
superintendent's examination fund.	40322

(B) The superintendent shall make an examination concerning	40323
the matters subject to the superintendent's consideration in	40324
section 1751.04 of the Revised Code as often as the superintendent	40325
considers it necessary for the protection of the interests of the	40326
people of this state. The expenses of such examinations shall be	40327
assessed against the health insuring corporation being examined in	40328
the manner in which expenses of examinations are assessed against	40329
an insurance company under section 3901.07 of the Revised Code.	40330
Nothing in this division requires the superintendent to make an	40331
examination of any of the following:	40332

(1) A health insuring corporation that covers solely medicaid	40333
recipients;	40334

(2) A health insuring corporation that covers solely medicare	40335
beneficiaries;	40336

(3) A health insuring corporation that covers solely medicaid	40337
recipients and medicare beneficiaries;	40338

~~(4) A health insuring corporation that covers solely~~	40339
~~participants of the children's buy-in program;~~	40340

~~(5) A health insuring corporation that covers solely medicaid~~	40341
~~recipients and participants of the children's buy-in program;~~	40342

~~(6) A health insuring corporation that covers solely medicaid~~	40343
~~recipients, medicare beneficiaries, and participants of the~~	40344
~~children's buy-in program~~.	40345

(C) An examination, pursuant to section 3901.07 of the	40346
Revised Code, of an insurance company holding a certificate of	40347
authority under this chapter to organize and operate a health	40348
insuring corporation shall include an examination of the health	40349
insuring corporation pursuant to this section and the examination	40350
shall satisfy the requirements of divisions (A) and (B) of this	40351
section.	40352

(D) The superintendent may conduct market conduct	40353
examinations pursuant to section 3901.011 of the Revised Code of	40354
any health insuring corporation as often as the superintendent	40355
considers it necessary for the protection of the interests of	40356
subscribers and enrollees. The expenses of such market conduct	40357
examinations shall be assessed against the health insuring	40358
corporation being examined. All costs, assessments, or fines	40359
collected under this division shall be paid into the state	40360
treasury to the credit of the department of insurance operating	40361
fund.	40362

Sec. 1751.60. (A) Except as provided for in divisions (E)	40363
and (F) of this section, every provider or health care facility	40364
that contracts with a health insuring corporation to provide	40365
health care services to the health insuring corporation's	40366
enrollees or subscribers shall seek compensation for covered	40367
services solely from the health insuring corporation and not,	40368
under any circumstances, from the enrollees or subscribers, except	40369
for approved copayments and deductibles.	40370

(B) No subscriber or enrollee of a health insuring	40371
corporation is liable to any contracting provider or health care	40372
facility for the cost of any covered health care services, if the	40373
subscriber or enrollee has acted in accordance with the evidence	40374
of coverage.	40375

(C) Except as provided for in divisions (E) and (F) of this	40376
section, every contract between a health insuring corporation and	40377
provider or health care facility shall contain a provision	40378
approved by the superintendent of insurance requiring the provider	40379
or health care facility to seek compensation solely from the	40380
health insuring corporation and not, under any circumstances, from	40381
the subscriber or enrollee, except for approved copayments and	40382
deductibles.	40383

(D) Nothing in this section shall be construed as preventing	40384
a provider or health care facility from billing the enrollee or	40385
subscriber of a health insuring corporation for noncovered	40386
services.	40387

(E) Upon application by a health insuring corporation and a	40388
provider or health care facility, the superintendent may waive the	40389
requirements of divisions (A) and (C) of this section when, in	40390
addition to the reserve requirements contained in section 1751.28	40391
of the Revised Code, the health insuring corporation provides	40392
sufficient assurances to the superintendent that the provider or	40393
health care facility has been provided with financial guarantees.	40394
No waiver of the requirements of divisions (A) and (C) of this	40395
section is effective as to enrollees or subscribers for whom the	40396
health insuring corporation is compensated under a provider	40397
agreement or risk contract entered into pursuant to Chapter 5111.	40398
or 5115. of the Revised Code ~~or under the children's buy-in~~	40399
~~program~~.	40400

(F) The requirements of divisions (A) to (C) of this section	40401
apply only to health care services provided to an enrollee or	40402
subscriber prior to the effective date of a termination of a	40403
contract between the health insuring corporation and the provider	40404
or health care facility.	40405

Sec. 1761.04. (A) The licensing and operation of a credit	40406
union share guaranty corporation is subject to the regulation of	40407
the superintendent of insurance pursuant to Chapters 3901., 3903.,	40408
3905., 3925., 3927., 3929., 3937., 3941., and 3999. of the Revised	40409
Code to the extent such laws are otherwise applicable and are not	40410
in conflict with this chapter.	40411

(B) A credit union share guaranty corporation shall pay, by	40412
the fifteenth day of April of each year, to the superintendent of	40413
credit unions, an annual fee of one-half of one per cent of its	40414
guarantee fund as shown by the corporation's last annual financial	40415
report, but in no event shall such payment exceed ~~five~~twenty-five	40416
thousand dollars in any calendar year.	40417

(C) In addition to the specific powers and duties given the	40418
superintendent of insurance and the superintendent of credit	40419
unions under this chapter, the superintendents may independently,	40420
pursuant to Chapter 119. of the Revised Code, adopt, amend, and	40421
rescind such rules as are necessary to implement the requirements	40422
of this chapter.	40423

Sec. 1776.83. (A) A limited liability partnership and a	40424
foreign limited liability partnership authorized to transact	40425
business in this state shall file a biennial report in the office	40426
of the secretary of state. The report shall contain all of the	40427
following:	40428

(1) The name of the limited liability partnership and the	40429
state or other jurisdiction under whose laws the foreign limited	40430
liability partnership is formed;	40431

(2) The street address of the partnership's chief executive	40432
office and, if the partnership's chief executive office is not in	40433
this state, the street address of any office of the partnership in	40434
this state;	40435

(3) If the partnership does not have an office in this state,	40436
the name and street address of the partnership's current agent for	40437
service of process.	40438

(B) A partnership shall file a biennial report between the	40439
first day of April and the first day of July of each odd-numbered	40440
year that follows the calendar year in which the partnership files	40441
a statement of qualification or a foreign partnership becomes	40442
authorized to transact business in this state.	40443

(C) The secretary of state may revoke the statement of	40444
qualification of any partnership that fails to file a biennial	40445
report when due or pay the required filing fee. To revoke a	40446
statement, the secretary of state shall provide the partnership at	40447
least sixty days' written notice of the intent to revoke, mailed	40448
to the partnership at its chief executive office set forth in the	40449
last filed statement of qualification or biennial report or sent	40450
by electronic mail to the last electronic mail address provided to	40451
the secretary of state. The notice shall specify the report that	40452
the partnership failed to file, the unpaid fee, and the effective	40453
date of the revocation. The revocation is not effective if the	40454
partnership files the report and pays the fee before the effective	40455
date of the revocation.	40456

(D) A revocation under division (C) of this section affects	40457
only a partnership's status as a limited liability partnership and	40458
is not an event of dissolution of the partnership.	40459

(E) A partnership whose statement of qualification is revoked	40460
may apply to the secretary of state for reinstatement within two	40461
years after the effective date of the revocation. The application	40462
for reinstatement shall state the name of the partnership, the	40463
effective date of the revocation, and that the ground for	40464
revocation either did not exist or has been corrected.	40465

(F) A reinstatement under division (E) of this section	40466
relates back to and takes effect as of the effective date of the	40467
revocation, and the partnership's status as a limited liability	40468
partnership continues as if the revocation had never occurred.	40469

Sec. 1785.06. A professional association, within thirty days	40470
after the thirtieth day of June in each even-numbered year, shall	40471
furnish a statement to the secretary of state showing the names	40472
and post-office addresses of all of the shareholders in the	40473
association and certifying that all of the shareholders are duly	40474
licensed, certificated, or otherwise legally authorized to render	40475
within this state the same professional service for which the	40476
association was organized or, in the case of a combination of	40477
professional services described in division (B) of section 1785.01	40478
of the Revised Code, to render within this state any of the	40479
applicable types of professional services for which the	40480
association was organized. This statement shall be made on a form	40481
that the secretary of state shall prescribe, shall be signed by an	40482
officer of the association, and shall be filed in the office of	40483
the secretary of state.	40484

If any professional association fails to file the biennial	40485
statement within the time required by this section, the secretary	40486
of state shall give notice of the failure by ~~certified~~ordinary or	40487
electronic mail~~, return receipt requested,~~ to the last known	40488
physical or electronic address of the association or its agent. If	40489
the biennial statement is not filed within thirty days after the	40490
mailing of the notice, the secretary of state, upon the expiration	40491
of that period, shall cancel the association's articles of	40492
incorporation, give notice of the cancellation to the association	40493
by ordinary or electronic mail sent to the last known physical or	40494
electronic address of the association or its agent, and make a	40495
notation of the cancellation on the records of the secretary of	40496
state.	40497

A professional association whose articles have been canceled	40498
pursuant to this section may be reinstated by filing an	40499
application for reinstatement and the required biennial statement	40500
or statements and by paying the reinstatement fee specified in	40501
division (Q) of section 111.16 of the Revised Code. The rights,	40502
privileges, and franchises of a professional association whose	40503
articles have been reinstated are subject to section 1701.922 of	40504
the Revised Code. The secretary of state shall inform the tax	40505
commissioner of all cancellations and reinstatements under this	40506
section.	40507

Sec. 1901.02. (A) The municipal courts established by	40508
section 1901.01 of the Revised Code have jurisdiction within the	40509
corporate limits of their respective municipal corporations, or,	40510
for the Clermont county municipal court, the Columbiana county	40511
municipal court, and, effective January 1, 2008, the Erie county	40512
municipal court, within the municipal corporation or	40513
unincorporated territory in which they are established, and are	40514
courts of record. Each of the courts shall be styled	40515
".................................. municipal court," inserting	40516
the name of the municipal corporation, except the following	40517
courts, which shall be styled as set forth below:	40518

(1) The municipal court established in Chesapeake that shall	40519
be styled and known as the "Lawrence county municipal court";	40520

(2) The municipal court established in Cincinnati that shall	40521
be styled and known as the "Hamilton county municipal court";	40522

(3) The municipal court established in Ravenna that shall be	40523
styled and known as the "Portage county municipal court";	40524

(4) The municipal court established in Athens that shall be	40525
styled and known as the "Athens county municipal court";	40526

(5) The municipal court established in Columbus that shall be	40527
styled and known as the "Franklin county municipal court";	40528

(6) The municipal court established in London that shall be	40529
styled and known as the "Madison county municipal court";	40530

(7) The municipal court established in Newark that shall be	40531
styled and known as the "Licking county municipal court";	40532

(8) The municipal court established in Wooster that shall be	40533
styled and known as the "Wayne county municipal court";	40534

(9) The municipal court established in Wapakoneta that shall	40535
be styled and known as the "Auglaize county municipal court";	40536

(10) The municipal court established in Troy that shall be	40537
styled and known as the "Miami county municipal court";	40538

(11) The municipal court established in Bucyrus that shall be	40539
styled and known as the "Crawford county municipal court";	40540

(12) The municipal court established in Logan that shall be	40541
styled and known as the "Hocking county municipal court";	40542

(13) The municipal court established in Urbana that shall be	40543
styled and known as the "Champaign county municipal court";	40544

(14) The municipal court established in Jackson that shall be	40545
styled and known as the "Jackson county municipal court";	40546

(15) The municipal court established in Springfield that	40547
shall be styled and known as the "Clark county municipal court";	40548

(16) The municipal court established in Kenton that shall be	40549
styled and known as the "Hardin county municipal court";	40550

(17) The municipal court established within Clermont county	40551
in Batavia or in any other municipal corporation or unincorporated	40552
territory within Clermont county that is selected by the	40553
legislative authority of that court that shall be styled and known	40554
as the "Clermont county municipal court";	40555

(18) The municipal court established in Wilmington that,	40556
beginning July 1, 1992, shall be styled and known as the "Clinton	40557
county municipal court";	40558

(19) The municipal court established in Port Clinton that	40559
shall be styled and known as "the Ottawa county municipal court";	40560

(20) The municipal court established in Lancaster that,	40561
beginning January 2, 2000, shall be styled and known as the	40562
"Fairfield county municipal court";	40563

(21) The municipal court established within Columbiana county	40564
in Lisbon or in any other municipal corporation or unincorporated	40565
territory selected pursuant to division (I) of section 1901.021 of	40566
the Revised Code, that shall be styled and known as the	40567
"Columbiana county municipal court";	40568

(22) The municipal court established in Georgetown that,	40569
beginning February 9, 2003, shall be styled and known as the	40570
"Brown county municipal court";	40571

(23) The municipal court established in Mount Gilead that,	40572
beginning January 1, 2003, shall be styled and known as the	40573
"Morrow county municipal court";	40574

(24) The municipal court established in Greenville that,	40575
beginning January 1, 2005, shall be styled and known as the "Darke	40576
county municipal court";	40577

(25) The municipal court established in Millersburg that,	40578
beginning January 1, 2007, shall be styled and known as the	40579
"Holmes county municipal court";	40580

(26) The municipal court established in Carrollton that,	40581
beginning January 1, 2007, shall be styled and known as the	40582
"Carroll county municipal court";	40583

(27) The municipal court established within Erie county in	40584
Milan or established in any other municipal corporation or	40585
unincorporated territory that is within Erie county, is within the	40586
territorial jurisdiction of that court, and is selected by the	40587
legislative authority of that court that, beginning January 1,	40588
2008, shall be styled and known as the "Erie county municipal	40589
court";	40590

(28) The municipal court established in Ottawa that,	40591
beginning January 1, 2011, shall be styled and known as the	40592
"Putnam county municipal court";	40593

(29) The municipal court established within Montgomery county	40594
in any municipal corporation or unincorporated territory within	40595
Montgomery county, except the municipal corporations of	40596
Centerville, Clayton, Dayton, Englewood, Germantown, Kettering,	40597
Miamisburg, Moraine, Oakwood, Union, Vandalia, and West Carrollton	40598
and Butler, German, Harrison, Miami, and Washington townships,	40599
that is selected by the legislative authority of that court and	40600
that, beginning July 1, 2010, shall be styled and known as the	40601
"Montgomery county municipal court."	40602

(B) In addition to the jurisdiction set forth in division (A)	40603
of this section, the municipal courts established by section	40604
1901.01 of the Revised Code have jurisdiction as follows:	40605

The Akron municipal court has jurisdiction within Bath,	40606
Richfield, and Springfield townships, and within the municipal	40607
corporations of Fairlawn, Lakemore, and Mogadore, in Summit	40608
county.	40609

The Alliance municipal court has jurisdiction within	40610
Lexington, Marlboro, Paris, and Washington townships in Stark	40611
county.	40612

The Ashland municipal court has jurisdiction within Ashland	40613
county.	40614

The Ashtabula municipal court has jurisdiction within	40615
Ashtabula, Plymouth, and Saybrook townships in Ashtabula county.	40616

The Athens county municipal court has jurisdiction within	40617
Athens county.	40618

The Auglaize county municipal court has jurisdiction within	40619
Auglaize county.	40620

The Avon Lake municipal court has jurisdiction within the	40621
municipal corporations of Avon and Sheffield in Lorain county.	40622

The Barberton municipal court has jurisdiction within	40623
Coventry, Franklin, and Green townships, within all of Copley	40624
township except within the municipal corporation of Fairlawn, and	40625
within the municipal corporations of Clinton and Norton, in Summit	40626
county.	40627

The Bedford municipal court has jurisdiction within the	40628
municipal corporations of Bedford Heights, Oakwood, Glenwillow,	40629
Solon, Bentleyville, Chagrin Falls, Moreland Hills, Orange,	40630
Warrensville Heights, North Randall, and Woodmere, and within	40631
Warrensville and Chagrin Falls townships, in Cuyahoga county.	40632

The Bellefontaine municipal court has jurisdiction within	40633
Logan county.	40634

The Bellevue municipal court has jurisdiction within Lyme and	40635
Sherman townships in Huron county and within York township in	40636
Sandusky county.	40637

The Berea municipal court has jurisdiction within the	40638
municipal corporations of Strongsville, Middleburgh Heights, Brook	40639
Park, Westview, and Olmsted Falls, and within Olmsted township, in	40640
Cuyahoga county.	40641

The Bowling Green municipal court has jurisdiction within the	40642
municipal corporations of Bairdstown, Bloomdale, Bradner, Custar,	40643
Cygnet, Grand Rapids, Haskins, Hoytville, Jerry City, Milton	40644
Center, North Baltimore, Pemberville, Portage, Rising Sun,	40645
Tontogany, Wayne, West Millgrove, and Weston, and within Bloom,	40646
Center, Freedom, Grand Rapids, Henry, Jackson, Liberty, Middleton,	40647
Milton, Montgomery, Plain, Portage, Washington, Webster, and	40648
Weston townships in Wood county.	40649

Beginning February 9, 2003, the Brown county municipal court	40650
has jurisdiction within Brown county.	40651

The Bryan municipal court has jurisdiction within Williams	40652
county.	40653

The Cambridge municipal court has jurisdiction within	40654
Guernsey county.	40655

The Campbell municipal court has jurisdiction within	40656
Coitsville township in Mahoning county.	40657

The Canton municipal court has jurisdiction within Canton,	40658
Lake, Nimishillen, Osnaburg, Pike, Plain, and Sandy townships in	40659
Stark county.	40660

The Carroll county municipal court has jurisdiction within	40661
Carroll county.	40662

The Celina municipal court has jurisdiction within Mercer	40663
county.	40664

The Champaign county municipal court has jurisdiction within	40665
Champaign county.	40666

The Chardon municipal court has jurisdiction within Geauga	40667
county.	40668

The Chillicothe municipal court has jurisdiction within Ross	40669
county.	40670

The Circleville municipal court has jurisdiction within	40671
Pickaway county.	40672

The Clark county municipal court has jurisdiction within	40673
Clark county.	40674

The Clermont county municipal court has jurisdiction within	40675
Clermont county.	40676

The Cleveland municipal court has jurisdiction within the	40677
municipal corporation of Bratenahl in Cuyahoga county.	40678

Beginning July 1, 1992, the Clinton county municipal court	40679
has jurisdiction within Clinton county.	40680

The Columbiana county municipal court has jurisdiction within	40681
all of Columbiana county except within the municipal corporation	40682
of East Liverpool and except within Liverpool and St. Clair	40683
townships.	40684

The Coshocton municipal court has jurisdiction within	40685
Coshocton county.	40686

The Crawford county municipal court has jurisdiction within	40687
Crawford county.	40688

Until December 31, 2008, the Cuyahoga Falls municipal court	40689
has jurisdiction within Boston, Hudson, Northfield Center,	40690
Sagamore Hills, and Twinsburg townships, and within the municipal	40691
corporations of Boston Heights, Hudson, Munroe Falls, Northfield,	40692
Peninsula, Reminderville, Silver Lake, Stow, Tallmadge, Twinsburg,	40693
and Macedonia, in Summit county.	40694

Beginning January 1, 2005, the Darke county municipal court	40695
has jurisdiction within Darke county except within the municipal	40696
corporation of Bradford.	40697

The Defiance municipal court has jurisdiction within Defiance	40698
county.	40699

The Delaware municipal court has jurisdiction within Delaware	40700
county.	40701

The East Liverpool municipal court has jurisdiction within	40702
Liverpool and St. Clair townships in Columbiana county.	40703

The Eaton municipal court has jurisdiction within Preble	40704
county.	40705

The Elyria municipal court has jurisdiction within the	40706
municipal corporations of Grafton, LaGrange, and North Ridgeville,	40707
and within Elyria, Carlisle, Eaton, Columbia, Grafton, and	40708
LaGrange townships, in Lorain county.	40709

Beginning January 1, 2008, the Erie county municipal court	40710
has jurisdiction within Erie county except within the townships of	40711
Florence, Huron, Perkins, and Vermilion and the municipal	40712
corporations of Bay View, Castalia, Huron, Sandusky, and	40713
Vermilion.	40714

The Fairborn municipal court has jurisdiction within the	40715
municipal corporation of Beavercreek and within Bath and	40716
Beavercreek townships in Greene county.	40717

Beginning January 2, 2000, the Fairfield county municipal	40718
court has jurisdiction within Fairfield county.	40719

The Findlay municipal court has jurisdiction within all of	40720
Hancock county except within Washington township.	40721

The Fostoria municipal court has jurisdiction within Loudon	40722
and Jackson townships in Seneca county, within Washington township	40723
in Hancock county, and within Perry township, except within the	40724
municipal corporation of West Millgrove, in Wood county.	40725

The Franklin municipal court has jurisdiction within Franklin	40726
township in Warren county.	40727

The Franklin county municipal court has jurisdiction within	40728
Franklin county.	40729

The Fremont municipal court has jurisdiction within Ballville	40730
and Sandusky townships in Sandusky county.	40731

The Gallipolis municipal court has jurisdiction within Gallia	40732
county.	40733

The Garfield Heights municipal court has jurisdiction within	40734
the municipal corporations of Maple Heights, Walton Hills, Valley	40735
View, Cuyahoga Heights, Newburgh Heights, Independence, and	40736
Brecksville in Cuyahoga county.	40737

The Girard municipal court has jurisdiction within Liberty,	40738
Vienna, and Hubbard townships in Trumbull county.	40739

The Hamilton municipal court has jurisdiction within Ross and	40740
St. Clair townships in Butler county.	40741

The Hamilton county municipal court has jurisdiction within	40742
Hamilton county.	40743

The Hardin county municipal court has jurisdiction within	40744
Hardin county.	40745

The Hillsboro municipal court has jurisdiction within all of	40746
Highland county except within Madison township.	40747

The Hocking county municipal court has jurisdiction within	40748
Hocking county.	40749

The Holmes county municipal court has jurisdiction within	40750
Holmes county.	40751

The Huron municipal court has jurisdiction within all of	40752
Huron township in Erie county except within the municipal	40753
corporation of Sandusky.	40754

The Ironton municipal court has jurisdiction within Aid,	40755
Decatur, Elizabeth, Hamilton, Lawrence, Upper, and Washington	40756
townships in Lawrence county.	40757

The Jackson county municipal court has jurisdiction within	40758
Jackson county.	40759

The Kettering municipal court has jurisdiction within the	40760
municipal corporations of Centerville and Moraine, and within	40761
Washington township, in Montgomery county.	40762

Until January 2, 2000, the Lancaster municipal court has	40763
jurisdiction within Fairfield county.	40764

The Lawrence county municipal court has jurisdiction within	40765
the townships of Fayette, Mason, Perry, Rome, Symmes, Union, and	40766
Windsor in Lawrence county.	40767

The Lebanon municipal court has jurisdiction within	40768
Turtlecreek township in Warren county.	40769

The Licking county municipal court has jurisdiction within	40770
Licking county.	40771

The Lima municipal court has jurisdiction within Allen	40772
county.	40773

The Lorain municipal court has jurisdiction within the	40774
municipal corporation of Sheffield Lake, and within Sheffield	40775
township, in Lorain county.	40776

The Lyndhurst municipal court has jurisdiction within the	40777
municipal corporations of Mayfield Heights, Gates Mills, Mayfield,	40778
Highland Heights, and Richmond Heights in Cuyahoga county.	40779

The Madison county municipal court has jurisdiction within	40780
Madison county.	40781

The Mansfield municipal court has jurisdiction within	40782
Madison, Springfield, Sandusky, Franklin, Weller, Mifflin, Troy,	40783
Washington, Monroe, Perry, Jefferson, and Worthington townships,	40784
and within sections 35-36-31 and 32 of Butler township, in	40785
Richland county.	40786

The Marietta municipal court has jurisdiction within	40787
Washington county.	40788

The Marion municipal court has jurisdiction within Marion	40789
county.	40790

The Marysville municipal court has jurisdiction within Union	40791
county.	40792

The Mason municipal court has jurisdiction within Deerfield	40793
township in Warren county.	40794

The Massillon municipal court has jurisdiction within	40795
Bethlehem, Perry, Sugar Creek, Tuscarawas, Lawrence, and Jackson	40796
townships in Stark county.	40797

The Maumee municipal court has jurisdiction within the	40798
municipal corporations of Waterville and Whitehouse, within	40799
Waterville and Providence townships, and within those portions of	40800
Springfield, Monclova, and Swanton townships lying south of the	40801
northerly boundary line of the Ohio turnpike, in Lucas county.	40802

The Medina municipal court has jurisdiction within the	40803
municipal corporations of Briarwood Beach, Brunswick,	40804
Chippewa-on-the-Lake, and Spencer and within the townships of	40805
Brunswick Hills, Chatham, Granger, Hinckley, Lafayette,	40806
Litchfield, Liverpool, Medina, Montville, Spencer, and York	40807
townships, in Medina county.	40808

The Mentor municipal court has jurisdiction within the	40809
municipal corporation of Mentor-on-the-Lake in Lake county.	40810

The Miami county municipal court has jurisdiction within	40811
Miami county and within the part of the municipal corporation of	40812
Bradford that is located in Darke county.	40813

The Miamisburg municipal court has jurisdiction within the	40814
municipal corporations of Germantown and West Carrollton, and	40815
within German and Miami townships in Montgomery county.	40816

The Middletown municipal court has jurisdiction within	40817
Madison township, and within all of Lemon township, except within	40818
the municipal corporation of Monroe, in Butler county.	40819

Beginning July 1, 2010, the Montgomery county municipal court	40820
has jurisdiction within all of Montgomery county except for the	40821
municipal corporations of Centerville, Clayton, Dayton, Englewood,	40822
Germantown, Kettering, Miamisburg, Moraine, Oakwood, Union,	40823
Vandalia, and West Carrollton and Butler, German, Harrison, Miami,	40824
and Washington townships.	40825

Beginning January 1, 2003, the Morrow county municipal court	40826
has jurisdiction within Morrow county.	40827

The Mount Vernon municipal court has jurisdiction within Knox	40828
county.	40829

The Napoleon municipal court has jurisdiction within Henry	40830
county.	40831

The New Philadelphia municipal court has jurisdiction within	40832
the municipal corporation of Dover, and within Auburn, Bucks,	40833
Fairfield, Goshen, Jefferson, Warren, York, Dover, Franklin,	40834
Lawrence, Sandy, Sugarcreek, and Wayne townships in Tuscarawas	40835
county.	40836

The Newton Falls municipal court has jurisdiction within	40837
Bristol, Bloomfield, Lordstown, Newton, Braceville, Southington,	40838
Farmington, and Mesopotamia townships in Trumbull county.	40839

The Niles municipal court has jurisdiction within the	40840
municipal corporation of McDonald, and within Weathersfield	40841
township in Trumbull county.	40842

The Norwalk municipal court has jurisdiction within all of	40843
Huron county except within the municipal corporation of Bellevue	40844
and except within Lyme and Sherman townships.	40845

The Oberlin municipal court has jurisdiction within the	40846
municipal corporations of Amherst, Kipton, Rochester, South	40847
Amherst, and Wellington, and within Henrietta, Russia, Camden,	40848
Pittsfield, Brighton, Wellington, Penfield, Rochester, and	40849
Huntington townships, and within all of Amherst township except	40850
within the municipal corporation of Lorain, in Lorain county.	40851

The Oregon municipal court has jurisdiction within the	40852
municipal corporation of Harbor View, and within Jerusalem	40853
township, in Lucas county, and north within Maumee Bay and Lake	40854
Erie to the boundary line between Ohio and Michigan between the	40855
easterly boundary of the court and the easterly boundary of the	40856
Toledo municipal court.	40857

The Ottawa county municipal court has jurisdiction within	40858
Ottawa county.	40859

The Painesville municipal court has jurisdiction within	40860
Painesville, Perry, Leroy, Concord, and Madison townships in Lake	40861
county.	40862

The Parma municipal court has jurisdiction within the	40863
municipal corporations of Parma Heights, Brooklyn, Linndale, North	40864
Royalton, Broadview Heights, Seven Hills, and Brooklyn Heights in	40865
Cuyahoga county.	40866

The Perrysburg municipal court has jurisdiction within the	40867
municipal corporations of Luckey, Millbury, Northwood, Rossford,	40868
and Walbridge, and within Perrysburg, Lake, and Troy townships, in	40869
Wood county.	40870

The Portage county municipal court has jurisdiction within	40871
Portage county.	40872

The Portsmouth municipal court has jurisdiction within Scioto	40873
county.	40874

The Putnam county municipal court has jurisdiction within	40875
Putnam county.	40876

The Rocky River municipal court has jurisdiction within the	40877
municipal corporations of Bay Village, Westlake, Fairview Park,	40878
and North Olmsted, and within Riveredge township, in Cuyahoga	40879
county.	40880

The Sandusky municipal court has jurisdiction within the	40881
municipal corporations of Castalia and Bay View, and within	40882
Perkins township, in Erie county.	40883

The Shaker Heights municipal court has jurisdiction within	40884
the municipal corporations of University Heights, Beachwood,	40885
Pepper Pike, and Hunting Valley in Cuyahoga county.	40886

The Shelby municipal court has jurisdiction within Sharon,	40887
Jackson, Cass, Plymouth, and Blooming Grove townships, and within	40888
all of Butler township except sections 35-36-31 and 32, in	40889
Richland county.	40890

The Sidney municipal court has jurisdiction within Shelby	40891
county.	40892

Beginning January 1, 2009, the Stow municipal court has	40893
jurisdiction within Boston, Hudson, Northfield Center, Sagamore	40894
Hills, and Twinsburg townships, and within the municipal	40895
corporations of Boston Heights, Cuyahoga Falls, Hudson, Munroe	40896
Falls, Northfield, Peninsula, Reminderville, Silver Lake, Stow,	40897
Tallmadge, Twinsburg, and Macedonia, in Summit county.	40898

The Struthers municipal court has jurisdiction within the	40899
municipal corporations of Lowellville, New Middleton, and Poland,	40900
and within Poland and Springfield townships in Mahoning county.	40901

The Sylvania municipal court has jurisdiction within the	40902
municipal corporations of Berkey and Holland, and within Sylvania,	40903
Richfield, Spencer, and Harding townships, and within those	40904
portions of Swanton, Monclova, and Springfield townships lying	40905
north of the northerly boundary line of the Ohio turnpike, in	40906
Lucas county.	40907

The Tiffin municipal court has jurisdiction within Adams, Big	40908
Spring, Bloom, Clinton, Eden, Hopewell, Liberty, Pleasant, Reed,	40909
Scipio, Seneca, Thompson, and Venice townships in Seneca county.	40910

The Toledo municipal court has jurisdiction within Washington	40911
township, and within the municipal corporation of Ottawa Hills, in	40912
Lucas county.	40913

The Upper Sandusky municipal court has jurisdiction within	40914
Wyandot county.	40915

The Vandalia municipal court has jurisdiction within the	40916
municipal corporations of Clayton, Englewood, and Union, and	40917
within Butler, Harrison, and Randolph townships, in Montgomery	40918
county.	40919

The Van Wert municipal court has jurisdiction within Van Wert	40920
county.	40921

The Vermilion municipal court has jurisdiction within the	40922
townships of Vermilion and Florence in Erie county and within all	40923
of Brownhelm township except within the municipal corporation of	40924
Lorain, in Lorain county.	40925

The Wadsworth municipal court has jurisdiction within the	40926
municipal corporations of Gloria Glens Park, Lodi, Seville, and	40927
Westfield Center, and within Guilford, Harrisville, Homer, Sharon,	40928
Wadsworth, and Westfield townships in Medina county.	40929

The Warren municipal court has jurisdiction within Warren and	40930
Champion townships, and within all of Howland township except	40931
within the municipal corporation of Niles, in Trumbull county.	40932

The Washington Court House municipal court has jurisdiction	40933
within Fayette county.	40934

The Wayne county municipal court has jurisdiction within	40935
Wayne county.	40936

The Willoughby municipal court has jurisdiction within the	40937
municipal corporations of Eastlake, Wickliffe, Willowick,	40938
Willoughby Hills, Kirtland, Kirtland Hills, Waite Hill,	40939
Timberlake, and Lakeline, and within Kirtland township, in Lake	40940
county.	40941

Through June 30, 1992, the Wilmington municipal court has	40942
jurisdiction within Clinton county.	40943

The Xenia municipal court has jurisdiction within	40944
Caesarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross,	40945
Silvercreek, Spring Valley, Sugarcreek, and Xenia townships in	40946
Greene county.	40947

40948

(1) "Within a township" includes all land, including, but not	40949
limited to, any part of any municipal corporation, that is	40950
physically located within the territorial boundaries of that	40951
township, whether or not that land or municipal corporation is	40952
governmentally a part of the township.	40953

(2) "Within a municipal corporation" includes all land within	40954
the territorial boundaries of the municipal corporation and any	40955
townships that are coextensive with the municipal corporation.	40956

Sec. 1901.06. A municipal judge during the judge's term of	40957
office shall be a qualified elector and a resident of the	40958
territory of the court to which the judge is elected or appointed.	40959
A municipal judge shall have been admitted to the practice of law	40960
in this state and shall have been, for a total of at least six	40961
years preceding appointment or the commencement of the judge's	40962
term, engaged in the practice of law ~~in this state~~ or served as a	40963
judge of a court of record in any jurisdiction in the United	40964
States, or both. At least two of the years of practice or service	40965
that qualify a judge shall have been in this state.	40966

Except as provided in section 1901.08 of the Revised Code,	40967
the first election of any newly created office of a municipal	40968
judge shall be held at the next regular municipal election	40969
occurring not less than one hundred days after the creation of the	40970
office. Except as otherwise provided in division (G) of section	40971
1901.01 of the Revised Code, the institution of a new municipal	40972
court shall take place on the first day of January next after the	40973
first election for the court.	40974

Sec. 1901.18. (A) Except as otherwise provided in this	40975
division or section 1901.181 of the Revised Code, subject to the	40976
monetary jurisdiction of municipal courts as set forth in section	40977
1901.17 of the Revised Code, a municipal court has original	40978
jurisdiction within its territory in all of the following actions	40979
or proceedings and to perform all of the following functions:	40980

(1) In any civil action, of whatever nature or remedy, of	40981
which judges of county courts have jurisdiction;	40982

(2) In any action or proceeding at law for the recovery of	40983
money or personal property of which the court of common pleas has	40984
jurisdiction;	40985

(3) In any action at law based on contract, to determine,	40986
preserve, and enforce all legal and equitable rights involved in	40987
the contract, to decree an accounting, reformation, or	40988
cancellation of the contract, and to hear and determine all legal	40989
and equitable remedies necessary or proper for a complete	40990
determination of the rights of the parties to the contract;	40991

(4) In any action or proceeding for the sale of personal	40992
property under chattel mortgage, lien, encumbrance, or other	40993
charge, for the foreclosure and marshalling of liens on personal	40994
property of that nature, and for the rendering of personal	40995
judgment in the action or proceeding;	40996

(5) In any action or proceeding to enforce the collection of	40997
its own judgments or the judgments rendered by any court within	40998
the territory to which the municipal court has succeeded, and to	40999
subject the interest of a judgment debtor in personal property to	41000
satisfy judgments enforceable by the municipal court;	41001

(6) In any action or proceeding in the nature of	41002
interpleader;	41003

(7) In any action of replevin;

41004

(8) In any action of forcible entry and detainer;

41005

(9) In any action concerning the issuance and enforcement of	41006
temporary protection orders pursuant to section 2919.26 of the	41007
Revised Code or protection orders pursuant to section 2903.213 of	41008
the Revised Code or the enforcement of protection orders issued by	41009
courts of another state, as defined in section 2919.27 of the	41010
Revised Code;	41011

(10) If the municipal court has a housing or environmental	41012
division, in any action over which the division is given	41013
jurisdiction by section 1901.181 of the Revised Code, provided	41014
that, except as specified in division (B) of that section, no	41015
judge of the court other than the judge of the division shall hear	41016
or determine any action over which the division has jurisdiction;	41017

(11) In any action brought pursuant to division (I) of	41018
section ~~3733.11~~4781.40 of the Revised Code, if the residential	41019
premises that are the subject of the action are located within the	41020
territorial jurisdiction of the court;	41021

(12) In any civil action as described in division (B)(1) of	41022
section 3767.41 of the Revised Code that relates to a public	41023
nuisance, and, to the extent any provision of this chapter	41024
conflicts or is inconsistent with a provision of that section, the	41025
provision of that section shall control in the civil action.	41026

(B) The Cleveland municipal court also shall have	41027
jurisdiction within its territory in all of the following actions	41028
or proceedings and to perform all of the following functions:	41029

(1) In all actions and proceedings for the sale of real	41030
property under lien of a judgment of the municipal court or a lien	41031
for machinery, material, or fuel furnished or labor performed,	41032
irrespective of amount, and, in those actions and proceedings, the	41033
court may proceed to foreclose and marshal all liens and all	41034
vested or contingent rights, to appoint a receiver, and to render	41035
personal judgment irrespective of amount in favor of any party.	41036

(2) In all actions for the foreclosure of a mortgage on real	41037
property given to secure the payment of money or the enforcement	41038
of a specific lien for money or other encumbrance or charge on	41039
real property, when the amount claimed by the plaintiff does not	41040
exceed fifteen thousand dollars and the real property is situated	41041
within the territory, and, in those actions, the court may proceed	41042
to foreclose all liens and all vested and contingent rights and	41043
may proceed to render judgments and make findings and orders	41044
between the parties in the same manner and to the same extent as	41045
in similar actions in the court of common pleas.	41046

(3) In all actions for the recovery of real property situated	41047
within the territory to the same extent as courts of common pleas	41048
have jurisdiction;	41049

(4) In all actions for injunction to prevent or terminate	41050
violations of the ordinances and regulations of the city of	41051
Cleveland enacted or promulgated under the police power of the	41052
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio	41053
Constitution, over which the court of common pleas has or may have	41054
jurisdiction, and, in those actions, the court may proceed to	41055
render judgments and make findings and orders in the same manner	41056
and to the same extent as in similar actions in the court of	41057
common pleas.	41058

Sec. 1901.261. (A)(1) A municipal court may determine that	41059
for the efficient operation of the court additional funds are	41060
required to computerize the court, to make available computerized	41061
legal research services, or to do both. Upon making a	41062
determination that additional funds are required for either or	41063
both of those purposes, the court shall include in its schedule of	41064
fees and costs under section 1901.26 of the Revised Code one	41065
additional fee not to exceed three dollars on the filing of each	41066
cause of action or appeal equivalent to one described in division	41067
(A), (Q), or (U) of section 2303.20 of the Revised Code and shall	41068
direct the clerk of the court to charge the fee.	41069

(2) All fees collected under this section shall be paid to	41070
the county treasurer if the court is a county-operated municipal	41071
court or to the city treasurer if the court is not a	41072
county-operated municipal court. The treasurer shall place the	41073
funds from the fees in a separate fund to be disbursed upon an	41074
order of the court, subject to an appropriation by the board of	41075
county commissioners if the court is a county-operated municipal	41076
court or by the legislative authority of the municipal corporation	41077
if the court is not a county-operated municipal court, in an	41078
amount not greater than the actual cost to the court of	41079
computerizing the court, procuring and maintaining computerized	41080
legal research services, or both.	41081

(3) If the court determines that the funds in the fund	41082
described in division (A)(2) of this section are more than	41083
sufficient to satisfy the purpose for which the additional fee	41084
described in division (A)(1) of this section was imposed, the	41085
court may declare a surplus in the fund and, subject to an	41086
appropriation by the board of county commissioners if the court is	41087
a county-operated municipal court or by the legislative authority	41088
of the municipal corporation if the court is not a county-operated	41089
municipal court, expend those surplus funds for other appropriate	41090
technological expenses of the court.	41091

(B)(1) A municipal court may determine that, for the	41092
efficient operation of the court, additional funds are required to	41093
computerize the office of the clerk of the court and, upon that	41094
determination, may include in its schedule of fees and costs under	41095
section 1901.26 of the Revised Code an additional fee not to	41096
exceed ten dollars on the filing of each cause of action or	41097
appeal, on the filing, docketing, and endorsing of each	41098
certificate of judgment, or on the docketing and indexing of each	41099
aid in execution or petition to vacate, revive, or modify a	41100
judgment that is equivalent to one described in division (A), (P),	41101
(Q), (T), or (U) of section 2303.20 of the Revised Code. Subject	41102
to division (B)(2) of this section, all moneys collected under	41103
division (B)(1) of this section shall be paid to the county	41104
treasurer if the court is a county-operated municipal court or to	41105
the city treasurer if the court is not a county-operated municipal	41106
court. The treasurer shall place the funds from the fees in a	41107
separate fund to be disbursed, upon an order of the municipal	41108
court and subject to an appropriation by the board of county	41109
commissioners if the court is a county-operated municipal court or	41110
by the legislative authority of the municipal corporation if the	41111
court is not a county-operated municipal court, in an amount no	41112
greater than the actual cost to the court of procuring and	41113
maintaining computer systems for the office of the clerk of the	41114
municipal court.	41115

(2) If a municipal court makes the determination described in	41116
division (B)(1) of this section, the board of county commissioners	41117
of the county if the court is a county-operated municipal court or	41118
the legislative authority of the municipal corporation if the	41119
court is not a county-operated municipal court, may issue one or	41120
more general obligation bonds for the purpose of procuring and	41121
maintaining the computer systems for the office of the clerk of	41122
the municipal court. In addition to the purposes stated in	41123
division (B)(1) of this section for which the moneys collected	41124
under that division may be expended, the moneys additionally may	41125
be expended to pay debt charges and financing costs related to any	41126
general obligation bonds issued pursuant to division (B)(2) of	41127
this section as they become due. General obligation bonds issued	41128
pursuant to division (B)(2) of this section are Chapter 133.	41129
securities.	41130

Sec. 1901.262. (A) A municipal court may establish by rule	41131
procedures for the resolution of disputes between parties. Any	41132
procedures so adopted shall include, but are not limited to,	41133
mediation. If the court establishes any procedures under this	41134
division, the court may include in the court's schedule of fees	41135
and costs under section 1901.26 of the Revised Code a reasonable	41136
fee, that is to be collected on the filing of each civil or	41137
criminal action or proceeding, and that is to be used to implement	41138
the procedures, and the court shall direct the clerk of the court	41139
to charge the fee.	41140

(B) All fees collected under division (A) of this section	41141
shall be paid to the county treasurer if the court is a	41142
county-operated municipal court or to the city treasurer if the	41143
court is not a county-operated municipal court. The treasurer	41144
shall place the funds from the fees in a separate fund to be	41145
disbursed upon an order of the court, subject to an appropriation	41146
by the board of county commissioners if the court is a	41147
county-operated municipal court or by the legislative authority of	41148
the municipal corporation if the court is not a county-operated	41149
municipal court.	41150

(C) If the court determines that the amount of the moneys in	41151
the fund described in division (B) of this section is more than	41152
the amount sufficient to satisfy the purpose for which the	41153
additional fee described in division (A) of this section was	41154
imposed, the court may declare a surplus in the fund and, subject	41155
to an appropriation by the board of county commissioners if the	41156
court is a county-operated municipal court or by the legislative	41157
authority of the municipal corporation if the court is not a	41158
county-operated municipal court, expend the surplus moneys for	41159
other appropriate expenses of the court.	41160

Sec. 1901.41. (A) Notwithstanding ~~section~~sections 149.381	41161
and 149.39 of the Revised Code and subject to division (E) of this	41162
section, each municipal court, by rule, may order the destruction	41163
or other disposition of the files of cases that have been finally	41164
disposed of by the court for at least five years as follows:	41165

(1) If a case has been finally disposed of for at least five	41166
years, but less than fifteen years prior to the adoption of the	41167
rule of court for destruction or other disposition of the files,	41168
the court may order the files destroyed or otherwise disposed of	41169
only if the court first complies with division (B)(1) of this	41170
section;	41171

(2) If a case has been finally disposed of for fifteen years	41172
or more prior to the adoption of the rule of court for destruction	41173
or other disposition of the files, the court may order the files	41174
destroyed or otherwise disposed of without having copied or	41175
reproduced the files prior to their destruction.	41176

(B)(1) Except as otherwise provided in this division, all	41177
files destroyed or otherwise disposed of under division (A)(1) of	41178
this section shall be copied or reproduced prior to their	41179
destruction or disposition in the manner and according to the	41180
procedure prescribed in section 9.01 of the Revised Code. The	41181
copies or reproductions of the files made pursuant to section 9.01	41182
of the Revised Code shall be retained and preserved by the court	41183
for a period of ten years after the destruction of the original	41184
files in accordance with this section, after which the copies or	41185
reproductions themselves may be destroyed or otherwise disposed	41186
of.	41187

Files destroyed or otherwise disposed of under division	41188
(A)(1) of this section that are solely concerned with criminal	41189
prosecutions for minor misdemeanor offenses or that are concerned	41190
solely with minor misdemeanor traffic prosecutions do not have to	41191
be copied or reproduced in any manner or under any procedure prior	41192
to their destruction or disposition as provided in this section.	41193

(2) Files destroyed or otherwise disposed of under division	41194
(A)(2) of this section do not have to be copied or reproduced in	41195
any manner or under any procedure prior to their destruction or	41196
disposition.	41197

(C) Nothing in this section permits or shall be construed as	41198
permitting the destruction or other disposition of the files in	41199
the Cleveland municipal court of cases involving the following	41200
actions and proceedings:	41201

(1) The sale of real property in an action to foreclose and	41202
marshal all liens on the real property;	41203

(2) The sale of real property in an action to foreclose a	41204
mortgage on the real property;	41205

(3) The determination of rights in the title to real property	41206
either in the form of a creditor's bill or in any other action	41207
intended to determine or adjudicate the right, title, and interest	41208
of a person or persons in the ownership of a parcel or parcels of	41209
real property or any interest therein.	41210

(D) All dockets, indexes, journals, and cash books of the	41211
court shall be retained and preserved by the court for at least	41212
twenty-five years unless they are reproduced in the manner and	41213
according to the procedure prescribed in section 9.01 of the	41214
Revised Code, in which case the reproductions shall be retained	41215
and preserved by the court at least until the expiration of the	41216
twenty-five year period for which the originals would have had to	41217
have been retained. Court dockets, indexes, journals, and cash	41218
books, and all other court records also shall be subject to	41219
destruction or other disposition under section ~~149.39~~149.381 of	41220
the Revised Code.	41221

(E) Notwithstanding ~~section~~sections 149.381 and 149.39 of	41222
the Revised Code, each clerk of a municipal court shall retain	41223
documentation regarding each criminal conviction and plea of	41224
guilty involving a case that is or was before the court. The	41225
documentation shall be in a form that is admissible as evidence in	41226
a criminal proceeding as evidence of a prior conviction or that is	41227
readily convertible to or producible in a form that is admissible	41228
as evidence in a criminal proceeding as evidence of a prior	41229
conviction and may be retained in any form authorized by section	41230
9.01 of the Revised Code. The clerk shall retain this	41231
documentation for a period of fifty years after the entry of	41232
judgment in the case, except that documentation regarding cases	41233
solely concerned with minor misdemeanor offenses or minor	41234
misdemeanor traffic offenses shall be retained as provided in	41235
divisions (A) and (B) of this section, and documentation regarding	41236
other misdemeanor traffic offenses shall be retained for a period	41237
of twenty-five years after the entry of judgment in the case. This	41238
section shall apply to records currently retained and to records	41239
created on or after September 23, 2004.	41240

Sec. 1905.01. (A) In Georgetown in Brown county, in Mount	41241
Gilead in Morrow county, and in all other municipal corporations	41242
having a population of more than one hundred fifty, other than	41243
Batavia in Clermont county, not being the site of a municipal	41244
court nor a place where a judge of the Auglaize county, Crawford	41245
county, Jackson county, Miami county, Montgomery county, Portage	41246
county, or Wayne county municipal court sits as required pursuant	41247
to section 1901.021 of the Revised Code or by designation of the	41248
judges pursuant to section 1901.021 of the Revised Code, the mayor	41249
of the municipal corporation has jurisdiction, except as provided	41250
in divisions (B), (C), and (E) of this section and subject to the	41251
limitation contained in section 1905.03 and the limitation	41252
contained in section 1905.031 of the Revised Code, to hear and	41253
determine any prosecution for the violation of an ordinance of the	41254
municipal corporation, to hear and determine any case involving a	41255
violation of a vehicle parking or standing ordinance of the	41256
municipal corporation unless the violation is required to be	41257
handled by a parking violations bureau or joint parking violations	41258
bureau pursuant to Chapter 4521. of the Revised Code, and to hear	41259
and determine all criminal causes involving any moving traffic	41260
violation occurring on a state highway located within the	41261
boundaries of the municipal corporation, subject to the	41262
limitations of sections 2937.08 and 2938.04 of the Revised Code.	41263

(B)(1) In Georgetown in Brown county, in Mount Gilead in	41264
Morrow county, and in all other municipal corporations having a	41265
population of more than one hundred fifty, other than Batavia in	41266
Clermont county, not being the site of a municipal court nor a	41267
place where a judge of a court listed in division (A) of this	41268
section sits as required pursuant to section 1901.021 of the	41269
Revised Code or by designation of the judges pursuant to section	41270
1901.021 of the Revised Code, the mayor of the municipal	41271
corporation has jurisdiction, subject to the limitation contained	41272
in section 1905.03 of the Revised Code, to hear and determine	41273
prosecutions involving a violation of an ordinance of the	41274
municipal corporation relating to operating a vehicle while under	41275
the influence of alcohol, a drug of abuse, or a combination of	41276
them or relating to operating a vehicle with a prohibited	41277
concentration of alcohol, a controlled substance, or a metabolite	41278
of a controlled substance in the whole blood, blood serum or	41279
plasma, breath, or urine, and to hear and determine criminal	41280
causes involving a violation of section 4511.19 of the Revised	41281
Code that occur on a state highway located within the boundaries	41282
of the municipal corporation, subject to the limitations of	41283
sections 2937.08 and 2938.04 of the Revised Code, only if the	41284
person charged with the violation, within six years of the date of	41285
the violation charged, has not been convicted of or pleaded guilty	41286
to any of the following:	41287

(a) A violation of an ordinance of any municipal corporation	41288
relating to operating a vehicle while under the influence of	41289
alcohol, a drug of abuse, or a combination of them or relating to	41290
operating a vehicle with a prohibited concentration of alcohol, a	41291
controlled substance, or a metabolite of a controlled substance in	41292
the whole blood, blood serum or plasma, breath, or urine;	41293

(b) A violation of section 4511.19 of the Revised Code;

41294

(c) A violation of any ordinance of any municipal corporation	41295
or of any section of the Revised Code that regulates the operation	41296
of vehicles, streetcars, and trackless trolleys upon the highways	41297
or streets, to which all of the following apply:	41298

(i) The person, in the case in which the conviction was	41299
obtained or the plea of guilty was entered, had been charged with	41300
a violation of an ordinance of a type described in division	41301
(B)(1)(a) of this section, or with a violation of section 4511.19	41302
of the Revised Code;	41303

(ii) The charge of the violation described in division	41304
(B)(1)(c)(i) of this section was dismissed or reduced;	41305

(iii) The violation of which the person was convicted or to	41306
which the person pleaded guilty arose out of the same facts and	41307
circumstances and the same act as did the charge that was	41308
dismissed or reduced.	41309

(d) A violation of a statute of the United States or of any	41310
other state or a municipal ordinance of a municipal corporation	41311
located in any other state that is substantially similar to	41312
section 4511.19 of the Revised Code.	41313

(2) The mayor of a municipal corporation does not have	41314
jurisdiction to hear and determine any prosecution or criminal	41315
cause involving a violation described in division (B)(1)(a) or (b)	41316
of this section, regardless of where the violation occurred, if	41317
the person charged with the violation, within six years of the	41318
violation charged, has been convicted of or pleaded guilty to any	41319
violation listed in division (B)(1)(a), (b), (c), or (d) of this	41320
section.	41321

If the mayor of a municipal corporation, in hearing a	41322
prosecution involving a violation of an ordinance of the municipal	41323
corporation the mayor serves relating to operating a vehicle while	41324
under the influence of alcohol, a drug of abuse, or a combination	41325
of them or relating to operating a vehicle with a prohibited	41326
concentration of alcohol, a controlled substance, or a metabolite	41327
of a controlled substance in the whole blood, blood serum or	41328
plasma, breath, or urine, or in hearing a criminal cause involving	41329
a violation of section 4511.19 of the Revised Code, determines	41330
that the person charged, within six years of the violation	41331
charged, has been convicted of or pleaded guilty to any violation	41332
listed in division (B)(1)(a), (b), (c), or (d) of this section,	41333
the mayor immediately shall transfer the case to the county court	41334
or municipal court with jurisdiction over the violation charged,	41335
in accordance with section 1905.032 of the Revised Code.	41336

(C)(1) In Georgetown in Brown county, in Mount Gilead in	41337
Morrow county, and in all other municipal corporations having a	41338
population of more than one hundred fifty, other than Batavia in	41339
Clermont county, not being the site of a municipal court and not	41340
being a place where a judge of a court listed in division (A) of	41341
this section sits as required pursuant to section 1901.021 of the	41342
Revised Code or by designation of the judges pursuant to section	41343
1901.021 of the Revised Code, the mayor of the municipal	41344
corporation, subject to sections 1901.031, 2937.08, and 2938.04 of	41345
the Revised Code, has jurisdiction to hear and determine	41346
prosecutions involving a violation of a municipal ordinance that	41347
is substantially equivalent to division (A) of section 4510.14 or	41348
section 4510.16 of the Revised Code and to hear and determine	41349
criminal causes that involve a moving traffic violation, that	41350
involve a violation of division (A) of section 4510.14 or section	41351
4510.16 of the Revised Code, and that occur on a state highway	41352
located within the boundaries of the municipal corporation only if	41353
all of the following apply regarding the violation and the person	41354
charged:	41355

(a) Regarding a violation of section 4510.16 of the Revised	41356
Code or a violation of a municipal ordinance that is substantially	41357
equivalent to that division, the person charged with the	41358
violation, within six years of the date of the violation charged,	41359
has not been convicted of or pleaded guilty to any of the	41360
following:	41361

(i) A violation of section 4510.16 of the Revised Code;

41362

(ii) A violation of a municipal ordinance that is	41363
substantially equivalent to section 4510.16 of the Revised Code;	41364

(iii) A violation of any municipal ordinance or section of	41365
the Revised Code that regulates the operation of vehicles,	41366
streetcars, and trackless trolleys upon the highways or streets,	41367
in a case in which, after a charge against the person of a	41368
violation of a type described in division (C)(1)(a)(i) or (ii) of	41369
this section was dismissed or reduced, the person is convicted of	41370
or pleads guilty to a violation that arose out of the same facts	41371
and circumstances and the same act as did the charge that was	41372
dismissed or reduced.	41373

(b) Regarding a violation of division (A) of section 4510.14	41374
of the Revised Code or a violation of a municipal ordinance that	41375
is substantially equivalent to that division, the person charged	41376
with the violation, within six years of the date of the violation	41377
charged, has not been convicted of or pleaded guilty to any of the	41378
following:	41379

(i) A violation of division (A) of section 4510.14 of the	41380
Revised Code;	41381

(ii) A violation of a municipal ordinance that is	41382
substantially equivalent to division (A) of section 4510.14 of the	41383
Revised Code;	41384

(iii) A violation of any municipal ordinance or section of	41385
the Revised Code that regulates the operation of vehicles,	41386
streetcars, and trackless trolleys upon the highways or streets in	41387
a case in which, after a charge against the person of a violation	41388
of a type described in division (C)(1)(b)(i) or (ii) of this	41389
section was dismissed or reduced, the person is convicted of or	41390
pleads guilty to a violation that arose out of the same facts and	41391
circumstances and the same act as did the charge that was	41392
dismissed or reduced.	41393

(2) The mayor of a municipal corporation does not have	41394
jurisdiction to hear and determine any prosecution or criminal	41395
cause involving a violation described in division (C)(1)(a)(i) or	41396
(ii) of this section if the person charged with the violation,	41397
within six years of the violation charged, has been convicted of	41398
or pleaded guilty to any violation listed in division	41399
(C)(1)(a)(i), (ii), or (iii) of this section and does not have	41400
jurisdiction to hear and determine any prosecution or criminal	41401
cause involving a violation described in division (C)(1)(b)(i) or	41402
(ii) of this section if the person charged with the violation,	41403
within six years of the violation charged, has been convicted of	41404
or pleaded guilty to any violation listed in division	41405
(C)(1)(b)(i), (ii), or (iii) of this section.	41406

(3) If the mayor of a municipal corporation, in hearing a	41407
prosecution involving a violation of an ordinance of the municipal	41408
corporation the mayor serves that is substantially equivalent to	41409
division (A) of section 4510.14 or section 4510.16 of the Revised	41410
Code or a violation of division (A) of section 4510.14 or section	41411
4510.16 of the Revised Code, determines that, under division	41412
(C)(2) of this section, mayors do not have jurisdiction of the	41413
prosecution, the mayor immediately shall transfer the case to the	41414
county court or municipal court with jurisdiction over the	41415
violation in accordance with section 1905.032 of the Revised Code.	41416

(D) If the mayor of a municipal corporation has jurisdiction	41417
pursuant to division (B)(1) of this section to hear and determine	41418
a prosecution or criminal cause involving a violation described in	41419
division (B)(1)(a) or (b) of this section, the authority of the	41420
mayor to hear or determine the prosecution or cause is subject to	41421
the limitation contained in division (C) of section 1905.03 of the	41422
Revised Code. If the mayor of a municipal corporation has	41423
jurisdiction pursuant to division (A) or (C) of this section to	41424
hear and determine a prosecution or criminal cause involving a	41425
violation other than a violation described in division (B)(1)(a)	41426
or (b) of this section, the authority of the mayor to hear or	41427
determine the prosecution or cause is subject to the limitation	41428
contained in division (C) of section 1905.031 of the Revised Code.	41429

(E)(1) The mayor of a municipal corporation does not have	41430
jurisdiction to hear and determine any prosecution or criminal	41431
cause involving any of the following:	41432

(a) A violation of section 2919.25 or 2919.27 of the Revised	41433
Code;	41434

(b) A violation of section 2903.11, 2903.12, 2903.13,	41435
2903.211, or 2911.211 of the Revised Code that involves a person	41436
who was a family or household member of the defendant at the time	41437
of the violation;	41438

(c) A violation of a municipal ordinance that is	41439
substantially equivalent to an offense described in division	41440
(E)(1)(a) or (b) of this section and that involves a person who	41441
was a family or household member of the defendant at the time of	41442
the violation.	41443

(2) The mayor of a municipal corporation does not have	41444
jurisdiction to hear and determine a motion filed pursuant to	41445
section 2919.26 of the Revised Code or filed pursuant to a	41446
municipal ordinance that is substantially equivalent to that	41447
section or to issue a protection order pursuant to that section or	41448
a substantially equivalent municipal ordinance.	41449

(3) As used in this section, "family or household member" has	41450
the same meaning as in section 2919.25 of the Revised Code.	41451

(F) In keeping a docket and files, the mayor, and a mayor's	41452
court magistrate appointed under section 1905.05 of the Revised	41453
Code, shall be governed by the laws pertaining to county courts.	41454

Sec. 1907.13. A county court judge, at the time of filing a	41455
nominating petition for the office or at the time of appointment	41456
to the office and during the judge's term of office, shall be a	41457
qualified elector and a resident of the county court district in	41458
which the judge is elected or appointed. A county court judge does	41459
not have to be a resident of an area of separate jurisdiction in	41460
the county court district to which the judge may be assigned	41461
pursuant to section 1907.15 of the Revised Code. Every county	41462
court judge shall have been admitted to the practice of law in	41463
this state and shall have been engaged, for a total of at least	41464
six years preceding the judge's appointment or the commencement of	41465
the judge's term, in the practice of law in ~~this state~~any	41466
jurisdiction in the United States, except that the six-year	41467
practice requirement does not apply to a county court judge who is	41468
holding office on ~~the effective date of this amendment~~July 2,	41469
2010, and who subsequently is a candidate for that office. At	41470
least two of the years of practice that qualify a judge shall have	41471
been in this state.	41472

Judges shall be elected by the electors of the county court	41473
district at the general election in even-numbered years as set	41474
forth in section 1907.11 of the Revised Code for a term of six	41475
years commencing on the first day of January following the	41476
election for the county court or on the dates specified in section	41477
1907.11 of the Revised Code for particular county court judges.	41478
Their successors shall be elected in even-numbered years every six	41479
years.	41480

All candidates for county court judge shall be nominated by	41481
petition. The nominating petition shall be in the general form and	41482
signed and verified as prescribed by section 3513.261 of the	41483
Revised Code and shall be signed by the lesser of fifty qualified	41484
electors of the county court district or a number of qualified	41485
electors of the county court district not less than one per cent	41486
of the number of electors who voted for governor at the most	41487
recent regular state election in the district. A nominating	41488
petition shall not be accepted for filing or filed if it appears	41489
on its face to contain signatures aggregating in number more than	41490
twice the minimum aggregate number of signatures required by this	41491
section. A nominating petition shall be filed with the board of	41492
elections not later than four p.m. of the ninetieth day before the	41493
day of the general election.	41494

Sec. 1907.261. (A)(1) A county court may determine that for	41495
the efficient operation of the court additional funds are required	41496
to computerize the court, to make available computerized legal	41497
research services, or to do both. Upon making a determination that	41498
additional funds are required for either or both of those	41499
purposes, the court shall include in its schedule of fees and	41500
costs under section 1907.24 of the Revised Code one additional fee	41501
not to exceed three dollars on the filing of each cause of action	41502
or appeal equivalent to one described in division (A), (Q), or (U)	41503
of section 2303.20 of the Revised Code and shall direct the clerk	41504
of the court to charge the fee.	41505

(2) All fees collected under this section shall be paid to	41506
the county treasurer. The treasurer shall place the funds from the	41507
fees in a separate fund to be disbursed upon an order of the	41508
court, subject to an appropriation by the board of county	41509
commissioners, in an amount not greater than the actual cost to	41510
the court of computerizing the court, procuring and maintaining	41511
computerized legal research services, or both.	41512

(3) If the court determines that the funds in the fund	41513
described in division (A)(2) of this section are more than	41514
sufficient to satisfy the purpose for which the additional fee	41515
described in division (A)(1) of this section was imposed, the	41516
court may declare a surplus in the fund and, subject to an	41517
appropriation by the board of county commissioners, expend those	41518
surplus funds for other appropriate technological expenses of the	41519
court.	41520

(B)(1) A county court may determine that, for the efficient	41521
operation of the court, additional funds are required to	41522
computerize the office of the clerk of the court and, upon that	41523
determination, may include in its schedule of fees and costs under	41524
section 1907.24 of the Revised Code an additional fee not to	41525
exceed ten dollars on the filing of each cause of action or	41526
appeal, on the filing, docketing, and endorsing of each	41527
certificate of judgment, or on the docketing and indexing of each	41528
aid in execution or petition to vacate, revive, or modify a	41529
judgment that is equivalent to one described in division (A), (P),	41530
(Q), (T), or (U) of section 2303.20 of the Revised Code. Subject	41531
to division (B)(2) of this section, all moneys collected under	41532
division (B)(1) of this section shall be paid to the county	41533
treasurer. The treasurer shall place the funds from the fees in a	41534
separate fund to be disbursed, upon an order of the county court	41535
and subject to an appropriation by the board of county	41536
commissioners, in an amount no greater than the actual cost to the	41537
court of procuring and maintaining computer systems for the office	41538
of the clerk of the county court.	41539

(2) If a county court makes the determination described in	41540
division (B)(1) of this section, the board of county commissioners	41541
of that county may issue one or more general obligation bonds for	41542
the purpose of procuring and maintaining the computer systems for	41543
the office of the clerk of the county court. In addition to the	41544
purposes stated in division (B)(1) of this section for which the	41545
moneys collected under that division may be expended, the moneys	41546
additionally may be expended to pay debt charges and financing	41547
costs related to any general obligation bonds issued pursuant to	41548
division (B)(2) of this section as they become due. General	41549
obligation bonds issued pursuant to division (B)(2) of this	41550
section are Chapter 133. securities.	41551

Sec. 1907.262. (A) A county court may establish by rule	41552
procedures for the resolution of disputes between parties. Any	41553
procedures so adopted shall include, but are not limited to,	41554
mediation. If the court establishes any procedures under this	41555
division, the court may include in the court's schedule of fees	41556
and costs under section 1907.24 of the Revised Code a reasonable	41557
fee, that is to be collected on the filing of each civil or	41558
criminal action or proceeding, and that is to be used to implement	41559
the procedures, and the court shall direct the clerk of the court	41560
to charge the fee.	41561

(B) All fees collected under division (A) of this section	41562
shall be paid to the county treasurer. The treasurer shall place	41563
the funds from the fees in a separate fund to be disbursed upon an	41564
order of the court, subject to an appropriation by the board of	41565
county commissioners.	41566

(C) If the court determines that the amount of the moneys in	41567
the fund described in division (B) of this section is more than	41568
the amount sufficient to satisfy the purpose for which the	41569
additional fee described in division (A) of this section was	41570
imposed, the court may declare a surplus in the fund and, subject	41571
to an appropriation by the board of county commissioners, expend	41572
the surplus moneys for other appropriate expenses of the court.	41573

Sec. 1907.53. (A)(1) Each judge of a county court may	41574
appoint a bailiff on a full-time or part-time basis. The bailiff	41575
shall receive compensation as prescribed by the appointing judge,	41576
and the compensation is payable in semimonthly installments from	41577
the treasury of the county or other authorized fund. Before	41578
entering upon the duties of the office, a bailiff shall take an	41579
oath to faithfully perform those duties and shall give a bond of	41580
not less than three thousand dollars, as the appointing judge	41581
prescribes, conditioned on the faithful performance of the duties	41582
as bailiff.	41583

(2) The board of county commissioners may purchase motor	41584
vehicles for the use of the bailiff that the court determines	41585
necessary to perform the duties of the office. The board, upon	41586
approval by the court, shall pay all expenses, maintenance, and	41587
upkeep of the vehicles from the county treasury or other	41588
authorized fund. Any allowances, costs, and expenses for the	41589
operation of private motor vehicles by the bailiffs for official	41590
duties, including the cost of oil, gasoline, and maintenance,	41591
shall be prescribed by the court and subject to the approval of	41592
the board and shall be paid from the county treasury or other	41593
authorized fund.	41594

(B)(1) In a county court district in which no bailiff is	41595
appointed pursuant to division (A)(1) of this section, every	41596
deputy sheriff of the county, every police officer of a municipal	41597
corporation within the jurisdiction of the court, every member of	41598
a township or joint ~~township~~ police district police force, and	41599
every police constable of a township within the county court	41600
district is ex officio a bailiff of the court in and for the	41601
county, municipal corporation, or township within which the deputy	41602
sheriff, police officer, police force member, or police constable	41603
is commissioned and shall perform, in respect to cases within that	41604
jurisdiction and without additional compensation, any duties that	41605
are required by a judge of the court or by the clerk of the court.	41606

(2) At the request of a county court judge, a deputy sheriff	41607
or constable shall attend the county court while a trial is in	41608
progress.	41609

(C)(1) A bailiff and an ex officio bailiff shall perform for	41610
the county court services similar to those performed by the	41611
sheriff for the court of common pleas and shall perform any other	41612
duties that are required by rule of court.	41613

(2) The bailiff may administer oaths to witnesses and jurors	41614
and receive verdicts in the same manner and form and to the same	41615
extent as the clerk or deputy clerks of the county court. The	41616
bailiff may approve all undertakings and bonds given in actions of	41617
replevin and all redelivery bonds in attachments.	41618

(D) Bailiffs and deputy bailiffs are in the unclassified	41619
civil service.	41620

Sec. 1909.11. A county court judge has jurisdiction in any	41621
action brought pursuant to division (I) of section ~~3733.11~~4781.40	41622
of the Revised Code if the residential premises that are the	41623
subject of the action are located within the territorial	41624
jurisdiction of the judge's county court district.	41625

Sec. 1923.01. (A) As provided in this chapter, any judge of	41626
a county or municipal court or a court of common pleas, within the	41627
judge's proper area of jurisdiction, may inquire about persons who	41628
make unlawful and forcible entry into lands or tenements and	41629
detain them, and about persons who make a lawful and peaceable	41630
entry into lands or tenements and hold them unlawfully and by	41631
force. If, upon the inquiry, it is found that an unlawful and	41632
forcible entry has been made and the lands or tenements are	41633
detained, or that, after a lawful entry, lands or tenements are	41634
held unlawfully and by force, a judge shall cause the plaintiff in	41635
an action under this chapter to have restitution of the lands or	41636
tenements.	41637

(B) An action shall be brought under this chapter within two	41638
years after the cause of action accrues.	41639

41640

(1) "Tenant" means a person who is entitled under a rental	41641
agreement to the use or occupancy of premises, other than premises	41642
located in a manufactured home park, to the exclusion of others,	41643
except that as used in division (A)(6) of section 1923.02 and	41644
section 1923.051 of the Revised Code, "tenant" includes a	41645
manufactured home park resident.	41646

(2) "Landlord" means the owner, lessor, or sublessor of	41647
premises, or the agent or person the landlord authorizes to manage	41648
premises or to receive rent from a tenant under a rental	41649
agreement, except, if required by the facts of the action to which	41650
the term is applied, "landlord" means a park operator.	41651

(3) "Resident" has the same meaning as in section ~~3733.01~~	41652
4781.01 of the Revised Code.	41653

(4) "Residential premises" has the same meaning as in section	41654
5321.01 of the Revised Code, except, if required by the facts of	41655
the action to which the term is applied, "residential premises"	41656
has the same meaning as in section ~~3733.01~~4781.01 of the Revised	41657
Code.	41658

(5) "Rental agreement" means any agreement or lease, written	41659
or oral, that establishes or modifies the terms, conditions,	41660
rules, or other provisions concerning the use or occupancy of	41661
premises by one of the parties to the agreement or lease, except	41662
that "rental agreement," as used in division (A)(13) of section	41663
1923.02 of the Revised Code and where the context requires as used	41664
in this chapter, means a rental agreement as defined in division	41665
(D) of section 5322.01 of the Revised Code.	41666

(6) "Controlled substance" has the same meaning as in section	41667
3719.01 of the Revised Code.	41668

(7) "School premises" has the same meaning as in section	41669
2925.01 of the Revised Code.	41670

(8) "Sexually oriented offense" and "child-victim oriented	41671
offense" have the same meanings as in section 2950.01 of the	41672
Revised Code.	41673

(9) "Recreational vehicle" and "mobile home" have the same	41674
meanings as in section 4501.01 of the Revised Code.	41675

(10) "Manufactured home" has the same meaning as in section	41676
3781.06 of the Revised Code.	41677

(11) "Manufactured home park" has the same meaning as in	41678
section ~~3733.01~~4781.01 of the Revised Code and also means any	41679
tract of land upon which one or two manufactured or mobile homes	41680
used for habitation are parked, either free of charge or for	41681
revenue purposes, pursuant to rental agreements between the owners	41682
of the manufactured or mobile homes and the owner of the tract of	41683
land.	41684

(12) "Park operator" has the same meaning as in section	41685
~~3733.01~~4781.01 of the Revised Code and also means a landlord of	41686
premises upon which one or two manufactured or mobile homes used	41687
for habitation are parked, either free of charge or for revenue	41688
purposes, pursuant to rental agreements between the owners of the	41689
manufactured or mobile homes and a landlord who is not licensed as	41690
a manufactured home park operator pursuant to Chapter ~~3733.~~4781.	41691
of the Revised Code.	41692

(13) "Personal property" means tangible personal property	41693
other than a manufactured home, mobile home, or recreational	41694
vehicle that is the subject of an action under this chapter.	41695

(14) "Preschool or child day-care center premises" has the	41696
same meaning as in section 2950.034 of the Revised Code.	41697

Sec. 1923.02. (A) Proceedings under this chapter may be had	41698
as follows:	41699

(1) Against tenants or manufactured home park residents	41700
holding over their terms;	41701

(2) Against tenants or manufactured home park residents in	41702
possession under an oral tenancy, who are in default in the	41703
payment of rent as provided in division (B) of this section;	41704

(3) In sales of real estate, on executions, orders, or other	41705
judicial process, when the judgment debtor was in possession at	41706
the time of the rendition of the judgment or decree, by virtue of	41707
which the sale was made;	41708

(4) In sales by executors, administrators, or guardians, and	41709
on partition, when any of the parties to the complaint were in	41710
possession at the commencement of the action, after the sales, so	41711
made on execution or otherwise, have been examined by the proper	41712
court and adjudged legal;	41713

(5) When the defendant is an occupier of lands or tenements,	41714
without color of title, and the complainant has the right of	41715
possession to them;	41716

(6) In any other case of the unlawful and forcible detention	41717
of lands or tenements. For purposes of this division, in addition	41718
to any other type of unlawful and forcible detention of lands or	41719
tenements, such a detention may be determined to exist when both	41720
of the following apply:	41721

(a) A tenant fails to vacate residential premises within	41722
three days after both of the following occur:	41723

(i) The tenant's landlord has actual knowledge of or has	41724
reasonable cause to believe that the tenant, any person in the	41725
tenant's household, or any person on the premises with the consent	41726
of the tenant previously has or presently is engaged in a	41727
violation of Chapter 2925. or 3719. of the Revised Code, or of a	41728
municipal ordinance that is substantially similar to any section	41729
in either of those chapters, which involves a controlled substance	41730
and which occurred in, is occurring in, or otherwise was or is	41731
connected with the premises, whether or not the tenant or other	41732
person has been charged with, has pleaded guilty to or been	41733
convicted of, or has been determined to be a delinquent child for	41734
an act that, if committed by an adult, would be a violation as	41735
described in this division. For purposes of this division, a	41736
landlord has "actual knowledge of or has reasonable cause to	41737
believe" that a tenant, any person in the tenant's household, or	41738
any person on the premises with the consent of the tenant	41739
previously has or presently is engaged in a violation as described	41740
in this division if a search warrant was issued pursuant to	41741
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	41742
affidavit presented to obtain the warrant named or described the	41743
tenant or person as the individual to be searched and particularly	41744
described the tenant's premises as the place to be searched, named	41745
or described one or more controlled substances to be searched for	41746
and seized, stated substantially the offense under Chapter 2925.	41747
or 3719. of the Revised Code or the substantially similar	41748
municipal ordinance that occurred in, is occurring in, or	41749
otherwise was or is connected with the tenant's premises, and	41750
states the factual basis for the affiant's belief that the	41751
controlled substances are located on the tenant's premises; the	41752
warrant was properly executed by a law enforcement officer and any	41753
controlled substance described in the affidavit was found by that	41754
officer during the search and seizure; and, subsequent to the	41755
search and seizure, the landlord was informed by that or another	41756
law enforcement officer of the fact that the tenant or person has	41757
or presently is engaged in a violation as described in this	41758
division and it occurred in, is occurring in, or otherwise was or	41759
is connected with the tenant's premises.	41760

(ii) The landlord gives the tenant the notice required by	41761
division (C) of section 5321.17 of the Revised Code.	41762

(b) The court determines, by a preponderance of the evidence,	41763
that the tenant, any person in the tenant's household, or any	41764
person on the premises with the consent of the tenant previously	41765
has or presently is engaged in a violation as described in	41766
division (A)(6)(a)(i) of this section.	41767

(7) In cases arising out of Chapter 5313. of the Revised	41768
Code. In those cases, the court has the authority to declare a	41769
forfeiture of the vendee's rights under a land installment	41770
contract and to grant any other claims arising out of the	41771
contract.	41772

(8) Against tenants who have breached an obligation that is	41773
imposed by section 5321.05 of the Revised Code, other than the	41774
obligation specified in division (A)(9) of that section, and that	41775
materially affects health and safety. Prior to the commencement of	41776
an action under this division, notice shall be given to the tenant	41777
and compliance secured with section 5321.11 of the Revised Code.	41778

(9) Against tenants who have breached an obligation imposed	41779
upon them by a written rental agreement;	41780

(10) Against manufactured home park residents who have	41781
defaulted in the payment of rent or breached the terms of a rental	41782
agreement with a park operator. Nothing in this division precludes	41783
the commencement of an action under division (A)(12) of this	41784
section when the additional circumstances described in that	41785
division apply.	41786

(11) Against manufactured home park residents who have	41787
committed two material violations of the rules of the manufactured	41788
home park, of the ~~public health council~~manufactured homes	41789
commission, or of applicable state and local health and safety	41790
codes and who have been notified of the violations in compliance	41791
with section ~~3733.13~~4781.45 of the Revised Code;	41792

(12) Against a manufactured home park resident, or the estate	41793
of a manufactured home park resident, who as a result of death or	41794
otherwise has been absent from the manufactured home park for a	41795
period of thirty consecutive days prior to the commencement of an	41796
action under this division and whose manufactured home or mobile	41797
home, or recreational vehicle that is parked in the manufactured	41798
home park, has been left unoccupied for that thirty-day period,	41799
without notice to the park operator and without payment of rent	41800
due under the rental agreement with the park operator;	41801

(13) Against occupants of self-service storage facilities, as	41802
defined in division (A) of section 5322.01 of the Revised Code,	41803
who have breached the terms of a rental agreement or violated	41804
section 5322.04 of the Revised Code;	41805

(14) Against any resident or occupant who, pursuant to a	41806
rental agreement, resides in or occupies residential premises	41807
located within one thousand feet of any school premises or	41808
preschool or child day-care center premises and to whom both of	41809
the following apply:	41810

(a) The resident's or occupant's name appears on the state	41811
registry of sex offenders and child-victim offenders maintained	41812
under section 2950.13 of the Revised Code.	41813

(b) The state registry of sex offenders and child-victim	41814
offenders indicates that the resident or occupant was convicted of	41815
or pleaded guilty to a sexually oriented offense or a child-victim	41816
oriented offense in a criminal prosecution and was not sentenced	41817
to a serious youthful offender dispositional sentence for that	41818
offense.	41819

(15) Against any tenant who permits any person to occupy	41820
residential premises located within one thousand feet of any	41821
school premises or preschool or child day-care center premises if	41822
both of the following apply to the person:	41823

(a) The person's name appears on the state registry of sex	41824
offenders and child-victim offenders maintained under section	41825
2950.13 of the Revised Code.	41826

(b) The state registry of sex offenders and child-victim	41827
offenders indicates that the person was convicted of or pleaded	41828
guilty to a sexually oriented offense or a child-victim oriented	41829
offense in a criminal prosecution and was not sentenced to a	41830
serious youthful offender dispositional sentence for that offense.	41831

(B) If a tenant or manufactured home park resident holding	41832
under an oral tenancy is in default in the payment of rent, the	41833
tenant or resident forfeits the right of occupancy, and the	41834
landlord may, at the landlord's option, terminate the tenancy by	41835
notifying the tenant or resident, as provided in section 1923.04	41836
of the Revised Code, to leave the premises, for the restitution of	41837
which an action may then be brought under this chapter.	41838

(C)(1) If a tenant or any other person with the tenant's	41839
permission resides in or occupies residential premises that are	41840
located within one thousand feet of any school premises and is a	41841
resident or occupant of the type described in division (A)(14) of	41842
this section or a person of the type described in division (A)(15)	41843
of this section, the landlord for those residential premises, upon	41844
discovery that the tenant or other person is a resident, occupant,	41845
or person of that nature, may terminate the rental agreement or	41846
tenancy for those residential premises by notifying the tenant and	41847
all other occupants, as provided in section 1923.04 of the Revised	41848
Code, to leave the premises.	41849

(2) If a landlord is authorized to terminate a rental	41850
agreement or tenancy pursuant to division (C)(1) of this section	41851
but does not so terminate the rental agreement or tenancy, the	41852
landlord is not liable in a tort or other civil action in damages	41853
for any injury, death, or loss to person or property that	41854
allegedly result from that decision.	41855

(D) This chapter does not apply to a student tenant as	41856
defined by division (H) of section 5321.01 of the Revised Code	41857
when the college or university proceeds to terminate a rental	41858
agreement pursuant to section 5321.031 of the Revised Code.	41859

Sec. 1923.061. (A) Any defense in an action under this	41860
chapter may be asserted at trial.	41861

(B) In an action for possession of residential premises based	41862
upon nonpayment of the rent or in an action for rent when the	41863
tenant or manufactured home park resident is in possession, the	41864
tenant or resident may counterclaim for any amount hethe tenant	41865
or resident may recover under the rental agreement or under	41866
Chapter ~~3733.~~4781. or 5321. of the Revised Code. In that event,	41867
the court from time to time may order the tenant or resident to	41868
pay into court all or part of the past due rent and rent becoming	41869
due during the pendency of the action. After trial and judgment,	41870
the party to whom a net judgment is owed shall be paid first from	41871
the money paid into court, and any balance shall be satisfied as	41872
any other judgment. If no rent remains due after application of	41873
this division, judgment shall be entered for the tenant or	41874
resident in the action for possession. If the tenant or resident	41875
has paid into court an amount greater than that necessary to	41876
satisfy a judgment obtained by the landlord, the balance shall be	41877
returned by the court to the tenant or resident.	41878

Sec. 1923.15. During any proceeding involving residential	41879
premises under this chapter, the court may order an appropriate	41880
governmental agency to inspect the residential premises. If the	41881
agency determines and the court finds conditions which constitute	41882
a violation of section ~~3733.10~~4781.38 or 5321.04 of the Revised	41883
Code, and if the premises have been vacated or are to be restored	41884
to the landlord, the court may issue an order forbidding the	41885
re-rental of the property until such conditions are corrected. If	41886
the agency determines and the court finds such conditions, and if	41887
the court finds that the tenant or manufactured home park resident	41888
may remain in possession, the court may order such conditions	41889
corrected. If such conditions have been caused by the tenant or	41890
resident, the court may award damages to the landlord equal to the	41891
reasonable cost of correcting such conditions.	41892

Sec. 2105.09. (A) The county auditor, unless hethe auditor	41893
acts pursuant to division (C) of this section, shall take	41894
possession of real property escheated to the state that is located	41895
in ~~his~~the auditor's county and outside the incorporated area of a	41896
city. The auditor shall take possession in the name of the state	41897
and sell the property at public auction, at the county seat of the	41898
county, to the highest bidder, after having given thirty days'	41899
notice of the intended sale in a newspaper ~~published within~~of	41900
general circulation in the county or as provided in section 7.16	41901
of the Revised Code.	41902

On the application of the auditor, the court of common pleas	41903
shall appoint three disinterested freeholders of the county to	41904
appraise the real property. The freeholders shall be governed by	41905
the same rule as appraisers in sheriffs' or administrators' sales.	41906
The auditor shall sell the property at not less than two thirds of	41907
its appraised value and may sell it for cash, or for one-third	41908
cash and the balance in equal annual payments, the deferred	41909
payments to be amply secured. Upon payment of the whole	41910
consideration, the auditor shall execute a deed to the purchaser,	41911
in the name and on behalf of the state. The proceeds of the sale	41912
shall be paid by the auditor to the county treasurer.	41913

If there is a regularly organized agricultural society within	41914
the county, the treasurer shall pay the greater of six hundred	41915
dollars or five per cent of the proceeds, in any case, to the	41916
society. The excess of the proceeds, or the whole thereof if there	41917
is no regularly organized agricultural society within the county,	41918
shall be distributed as follows:	41919

(1) Twenty-five per cent shall be paid equally to the	41920
townships of the county;	41921

(2) Seventy per cent shall be paid into the state treasury to	41922
the credit of the agro Ohio fund created under section 901.04 of	41923
the Revised Code;	41924

(3) Five per cent shall be credited to the county general	41925
fund for such lawful purposes as the board of county commissioners	41926
provides.	41927

(B) The legislative authority of a city within which are	41928
lands escheated to the state, unless it acts pursuant to division	41929
(C) of this section, shall take possession of the lands for the	41930
city, and the title to the lands shall vest in the city. The city	41931
shall use the premises primarily for health, welfare, or	41932
recreational purposes, or may lease them at such prices and for	41933
such purposes as it considers proper. With the approval of the tax	41934
commissioner, the city may sell the lands or any undivided	41935
interest in the lands, in the same manner as is provided in the	41936
sale of land not needed for any municipal purposes; provided, that	41937
the net proceeds from the rent or sale of the premises shall be	41938
devoted to health, welfare, or recreational purposes.	41939

(C) As an alternative to the procedure prescribed in	41940
divisions (A) and (B) of this section, the county auditor, or if	41941
the real property is located within the incorporated area of a	41942
city, the legislative authority of that city by an affirmative	41943
vote of at least a majority of its members, may request the	41944
probate court to direct the administrator or executor of the	41945
estate that contains the escheated property to commence an action	41946
in the probate court for authority to sell the real property in	41947
the manner provided in Chapter 2127. of the Revised Code. The	41948
proceeds from the sale of real property that is located outside	41949
the incorporated area of a city shall be distributed by the court	41950
in the same manner as the proceeds are distributed under division	41951
(A) of this section. The proceeds from the sale of real property	41952
that is located within the incorporated area of a city shall be	41953
distributed by the court in the same manner as the proceeds are	41954
distributed under division (B) of this section.	41955

Sec. 2151.011. (A) As used in the Revised Code:

41956

(1) "Juvenile court" means whichever of the following is	41957
applicable that has jurisdiction under this chapter and Chapter	41958
2152. of the Revised Code:	41959

(a) The division of the court of common pleas specified in	41960
section 2101.022 or 2301.03 of the Revised Code as having	41961
jurisdiction under this chapter and Chapter 2152. of the Revised	41962
Code or as being the juvenile division or the juvenile division	41963
combined with one or more other divisions;	41964

(b) The juvenile court of Cuyahoga county or Hamilton county	41965
that is separately and independently created by section 2151.08 or	41966
Chapter 2153. of the Revised Code and that has jurisdiction under	41967
this chapter and Chapter 2152. of the Revised Code;	41968

(c) If division (A)(1)(a) or (b) of this section does not	41969
apply, the probate division of the court of common pleas.	41970

(2) "Juvenile judge" means a judge of a court having	41971
jurisdiction under this chapter.	41972

(3) "Private child placing agency" means any association, as	41973
defined in section 5103.02 of the Revised Code, that is certified	41974
under section 5103.03 of the Revised Code to accept temporary,	41975
permanent, or legal custody of children and place the children for	41976
either foster care or adoption.	41977

(4) "Private noncustodial agency" means any person,	41978
organization, association, or society certified by the department	41979
of job and family services that does not accept temporary or	41980
permanent legal custody of children, that is privately operated in	41981
this state, and that does one or more of the following:	41982

(a) Receives and cares for children for two or more	41983
consecutive weeks;	41984

(b) Participates in the placement of children in certified	41985
foster homes;	41986

(c) Provides adoption services in conjunction with a public	41987
children services agency or private child placing agency.	41988

(B) As used in this chapter:

41989

(1) "Adequate parental care" means the provision by a child's	41990
parent or parents, guardian, or custodian of adequate food,	41991
clothing, and shelter to ensure the child's health and physical	41992
safety and the provision by a child's parent or parents of	41993
specialized services warranted by the child's physical or mental	41994
needs.	41995

(2) "Adult" means an individual who is eighteen years of age	41996
or older.	41997

(3) "Agreement for temporary custody" means a voluntary	41998
agreement authorized by section 5103.15 of the Revised Code that	41999
transfers the temporary custody of a child to a public children	42000
services agency or a private child placing agency.	42001

(4) "Alternative response" means the public children services	42002
agency's response to a report of child abuse or neglect that	42003
engages the family in a comprehensive evaluation of child safety,	42004
risk of subsequent harm, and family strengths and needs and that	42005
does not include a determination as to whether child abuse or	42006
neglect occurred.	42007

(5) "Certified foster home" means a foster home, as defined	42008
in section 5103.02 of the Revised Code, certified under section	42009
5103.03 of the Revised Code.	42010

~~(5)~~(6) "Child" means a person who is under eighteen years of	42011
age, except that the juvenile court has jurisdiction over any	42012
person who is adjudicated an unruly child prior to attaining	42013
eighteen years of age until the person attains twenty-one years of	42014
age, and, for purposes of that jurisdiction related to that	42015
adjudication, a person who is so adjudicated an unruly child shall	42016
be deemed a "child" until the person attains twenty-one years of	42017
age.	42018

~~(6)~~(7) "Child day camp," "child care," "child day-care	42019
center," "part-time child day-care center," "type A family	42020
day-care home," "certified type B family day-care home," "type B	42021
home," "administrator of a child day-care center," "administrator	42022
of a type A family day-care home," "in-home aide," and "authorized	42023
provider" have the same meanings as in section 5104.01 of the	42024
Revised Code.	42025

~~(7)~~(8) "Child care provider" means an individual who is a	42026
child-care staff member or administrator of a child day-care	42027
center, a type A family day-care home, or a type B family day-care	42028
home, or an in-home aide or an individual who is licensed, is	42029
regulated, is approved, operates under the direction of, or	42030
otherwise is certified by the department of job and family	42031
services, department of developmental disabilities, or the early	42032
childhood programs of the department of education.	42033

~~(8)~~(9) "Chronic truant" has the same meaning as in section	42034
2152.02 of the Revised Code.	42035

~~(9)~~(10) "Commit" means to vest custody as ordered by the	42036
court.	42037

~~(10)~~(11) "Counseling" includes both of the following:

42038

(a) General counseling services performed by a public	42039
children services agency or shelter for victims of domestic	42040
violence to assist a child, a child's parents, and a child's	42041
siblings in alleviating identified problems that may cause or have	42042
caused the child to be an abused, neglected, or dependent child.	42043

(b) Psychiatric or psychological therapeutic counseling	42044
services provided to correct or alleviate any mental or emotional	42045
illness or disorder and performed by a licensed psychiatrist,	42046
licensed psychologist, or a person licensed under Chapter 4757. of	42047
the Revised Code to engage in social work or professional	42048
counseling.	42049

~~(11)~~(12) "Custodian" means a person who has legal custody of	42050
a child or a public children services agency or private child	42051
placing agency that has permanent, temporary, or legal custody of	42052
a child.	42053

~~(12)~~(13) "Delinquent child" has the same meaning as in	42054
section 2152.02 of the Revised Code.	42055

~~(13)~~(14) "Detention" means the temporary care of children	42056
pending court adjudication or disposition, or execution of a court	42057
order, in a public or private facility designed to physically	42058
restrict the movement and activities of children.	42059

~~(14)~~(15) "Developmental disability" has the same meaning as	42060
in section 5123.01 of the Revised Code.	42061

~~(15)~~(16) "Differential response approach" means an approach	42062
that a public children services agency may use to respond to	42063
accepted reports of child abuse or neglect with either an	42064
alternative response or a traditional response.	42065

(17) "Foster caregiver" has the same meaning as in section	42066
5103.02 of the Revised Code.	42067

~~(16)~~(18) "Guardian" means a person, association, or	42068
corporation that is granted authority by a probate court pursuant	42069
to Chapter 2111. of the Revised Code to exercise parental rights	42070
over a child to the extent provided in the court's order and	42071
subject to the residual parental rights of the child's parents.	42072

~~(17)~~(19) "Habitual truant" means any child of compulsory	42073
school age who is absent without legitimate excuse for absence	42074
from the public school the child is supposed to attend for five or	42075
more consecutive school days, seven or more school days in one	42076
school month, or twelve or more school days in a school year.	42077

~~(18)~~(20) "Juvenile traffic offender" has the same meaning as	42078
in section 2152.02 of the Revised Code.	42079

~~(19)~~(21) "Legal custody" means a legal status that vests in	42080
the custodian the right to have physical care and control of the	42081
child and to determine where and with whom the child shall live,	42082
and the right and duty to protect, train, and discipline the child	42083
and to provide the child with food, shelter, education, and	42084
medical care, all subject to any residual parental rights,	42085
privileges, and responsibilities. An individual granted legal	42086
custody shall exercise the rights and responsibilities personally	42087
unless otherwise authorized by any section of the Revised Code or	42088
by the court.	42089

~~(20)~~(22) A "legitimate excuse for absence from the public	42090
school the child is supposed to attend" includes, but is not	42091
limited to, any of the following:	42092

(a) The fact that the child in question has enrolled in and	42093
is attending another public or nonpublic school in this or another	42094
state;	42095

(b) The fact that the child in question is excused from	42096
attendance at school for any of the reasons specified in section	42097
3321.04 of the Revised Code;	42098

(c) The fact that the child in question has received an age	42099
and schooling certificate in accordance with section 3331.01 of	42100
the Revised Code.	42101

~~(21)~~(23) "Mental illness" and "mentally ill person subject to	42102
hospitalization by court order" have the same meanings as in	42103
section 5122.01 of the Revised Code.	42104

~~(22)~~(24) "Mental injury" means any behavioral, cognitive,	42105
emotional, or mental disorder in a child caused by an act or	42106
omission that is described in section 2919.22 of the Revised Code	42107
and is committed by the parent or other person responsible for the	42108
child's care.	42109

~~(23)~~(25) "Mentally retarded person" has the same meaning as	42110
in section 5123.01 of the Revised Code.	42111

~~(24)~~(26) "Nonsecure care, supervision, or training" means	42112
care, supervision, or training of a child in a facility that does	42113
not confine or prevent movement of the child within the facility	42114
or from the facility.	42115

~~(25)~~(27) "Of compulsory school age" has the same meaning as	42116
in section 3321.01 of the Revised Code.	42117

~~(26)~~(28) "Organization" means any institution, public,	42118
semipublic, or private, and any private association, society, or	42119
agency located or operating in the state, incorporated or	42120
unincorporated, having among its functions the furnishing of	42121
protective services or care for children, or the placement of	42122
children in certified foster homes or elsewhere.	42123

~~(27)~~(29) "Out-of-home care" means detention facilities,	42124
shelter facilities, certified children's crisis care facilities,	42125
certified foster homes, placement in a prospective adoptive home	42126
prior to the issuance of a final decree of adoption,	42127
organizations, certified organizations, child day-care centers,	42128
type A family day-care homes, child care provided by type B family	42129
day-care home providers and by in-home aides, group home	42130
providers, group homes, institutions, state institutions,	42131
residential facilities, residential care facilities, residential	42132
camps, day camps, public schools, chartered nonpublic schools,	42133
educational service centers, hospitals, and medical clinics that	42134
are responsible for the care, physical custody, or control of	42135
children.	42136

~~(28)~~(30) "Out-of-home care child abuse" means any of the	42137
following when committed by a person responsible for the care of a	42138
child in out-of-home care:	42139

(a) Engaging in sexual activity with a child in the person's	42140
care;	42141

(b) Denial to a child, as a means of punishment, of proper or	42142
necessary subsistence, education, medical care, or other care	42143
necessary for a child's health;	42144

(c) Use of restraint procedures on a child that cause injury	42145
or pain;	42146

(d) Administration of prescription drugs or psychotropic	42147
medication to the child without the written approval and ongoing	42148
supervision of a licensed physician;	42149

(e) Commission of any act, other than by accidental means,	42150
that results in any injury to or death of the child in out-of-home	42151
care or commission of any act by accidental means that results in	42152
an injury to or death of a child in out-of-home care and that is	42153
at variance with the history given of the injury or death.	42154

~~(29)~~(31) "Out-of-home care child neglect" means any of the	42155
following when committed by a person responsible for the care of a	42156
child in out-of-home care:	42157

(a) Failure to provide reasonable supervision according to	42158
the standards of care appropriate to the age, mental and physical	42159
condition, or other special needs of the child;	42160

(b) Failure to provide reasonable supervision according to	42161
the standards of care appropriate to the age, mental and physical	42162
condition, or other special needs of the child, that results in	42163
sexual or physical abuse of the child by any person;	42164

42165

(i) Administration of prescription drugs or psychotropic	42166
drugs for the child;	42167

(ii) Assuring that the instructions of the licensed physician	42168
who prescribed a drug for the child are followed;	42169

(iii) Reporting to the licensed physician who prescribed the	42170
drug all unfavorable or dangerous side effects from the use of the	42171
drug.	42172

(d) Failure to provide proper or necessary subsistence,	42173
education, medical care, or other individualized care necessary	42174
for the health or well-being of the child;	42175

(e) Confinement of the child to a locked room without	42176
monitoring by staff;	42177

(f) Failure to provide ongoing security for all prescription	42178
and nonprescription medication;	42179

(g) Isolation of a child for a period of time when there is	42180
substantial risk that the isolation, if continued, will impair or	42181
retard the mental health or physical well-being of the child.	42182

~~(30)~~(32) "Permanent custody" means a legal status that vests	42183
in a public children services agency or a private child placing	42184
agency, all parental rights, duties, and obligations, including	42185
the right to consent to adoption, and divests the natural parents	42186
or adoptive parents of all parental rights, privileges, and	42187
obligations, including all residual rights and obligations.	42188

~~(31)~~(33) "Permanent surrender" means the act of the parents	42189
or, if a child has only one parent, of the parent of a child, by a	42190
voluntary agreement authorized by section 5103.15 of the Revised	42191
Code, to transfer the permanent custody of the child to a public	42192
children services agency or a private child placing agency.	42193

~~(32)~~(34) "Person" means an individual, association,	42194
corporation, or partnership and the state or any of its political	42195
subdivisions, departments, or agencies.	42196

~~(33)~~(35) "Person responsible for a child's care in	42197
out-of-home care" means any of the following:	42198

(a) Any foster caregiver, in-home aide, or provider;

42199

(b) Any administrator, employee, or agent of any of the	42200
following: a public or private detention facility; shelter	42201
facility; certified children's crisis care facility; organization;	42202
certified organization; child day-care center; type A family	42203
day-care home; certified type B family day-care home; group home;	42204
institution; state institution; residential facility; residential	42205
care facility; residential camp; day camp; school district;	42206
community school; chartered nonpublic school; educational service	42207
center; hospital; or medical clinic;	42208

(c) Any person who supervises or coaches children as part of	42209
an extracurricular activity sponsored by a school district, public	42210
school, or chartered nonpublic school;	42211

(d) Any other person who performs a similar function with	42212
respect to, or has a similar relationship to, children.	42213

~~(34)~~(36) "Physically impaired" means having one or more of	42214
the following conditions that substantially limit one or more of	42215
an individual's major life activities, including self-care,	42216
receptive and expressive language, learning, mobility, and	42217
self-direction:	42218

(a) A substantial impairment of vision, speech, or hearing;

42219

(b) A congenital orthopedic impairment;

42220

(c) An orthopedic impairment caused by disease, rheumatic	42221
fever or any other similar chronic or acute health problem, or	42222
amputation or another similar cause.	42223

~~(35)~~(37) "Placement for adoption" means the arrangement by a	42224
public children services agency or a private child placing agency	42225
with a person for the care and adoption by that person of a child	42226
of whom the agency has permanent custody.	42227

~~(36)~~(38) "Placement in foster care" means the arrangement by	42228
a public children services agency or a private child placing	42229
agency for the out-of-home care of a child of whom the agency has	42230
temporary custody or permanent custody.	42231

~~(37)~~(39) "Planned permanent living arrangement" means an	42232
order of a juvenile court pursuant to which both of the following	42233
apply:	42234

(a) The court gives legal custody of a child to a public	42235
children services agency or a private child placing agency without	42236
the termination of parental rights.	42237

(b) The order permits the agency to make an appropriate	42238
placement of the child and to enter into a written agreement with	42239
a foster care provider or with another person or agency with whom	42240
the child is placed.	42241

~~(38)~~(40) "Practice of social work" and "practice of	42242
professional counseling" have the same meanings as in section	42243
4757.01 of the Revised Code.	42244

~~(39)~~(41) "Sanction, service, or condition" means a sanction,	42245
service, or condition created by court order following an	42246
adjudication that a child is an unruly child that is described in	42247
division (A)(4) of section 2152.19 of the Revised Code.	42248

~~(40)~~(42) "Protective supervision" means an order of	42249
disposition pursuant to which the court permits an abused,	42250
neglected, dependent, or unruly child to remain in the custody of	42251
the child's parents, guardian, or custodian and stay in the	42252
child's home, subject to any conditions and limitations upon the	42253
child, the child's parents, guardian, or custodian, or any other	42254
person that the court prescribes, including supervision as	42255
directed by the court for the protection of the child.	42256

~~(41)~~(43) "Psychiatrist" has the same meaning as in section	42257
5122.01 of the Revised Code.	42258

~~(42)~~(44) "Psychologist" has the same meaning as in section	42259
4732.01 of the Revised Code.	42260

~~(43)~~(45) "Residential camp" means a program in which the	42261
care, physical custody, or control of children is accepted	42262
overnight for recreational or recreational and educational	42263
purposes.	42264

~~(44)~~(46) "Residential care facility" means an institution,	42265
residence, or facility that is licensed by the department of	42266
mental health under section 5119.22 of the Revised Code and that	42267
provides care for a child.	42268

~~(45)~~(47) "Residential facility" means a home or facility that	42269
is licensed by the department of developmental disabilities under	42270
section 5123.19 of the Revised Code and in which a child with a	42271
developmental disability resides.	42272

~~(46)~~(48) "Residual parental rights, privileges, and	42273
responsibilities" means those rights, privileges, and	42274
responsibilities remaining with the natural parent after the	42275
transfer of legal custody of the child, including, but not	42276
necessarily limited to, the privilege of reasonable visitation,	42277
consent to adoption, the privilege to determine the child's	42278
religious affiliation, and the responsibility for support.	42279

~~(47)~~(49) "School day" means the school day established by the	42280
state board of education pursuant to section 3313.48 of the	42281
Revised Code.	42282

~~(48)~~(50) "School month" and "school year" have the same	42283
meanings as in section 3313.62 of the Revised Code.	42284

~~(49)~~(51) "Secure correctional facility" means a facility	42285
under the direction of the department of youth services that is	42286
designed to physically restrict the movement and activities of	42287
children and used for the placement of children after adjudication	42288
and disposition.	42289

~~(50)~~(52) "Sexual activity" has the same meaning as in section	42290
2907.01 of the Revised Code.	42291

~~(51)~~(53) "Shelter" means the temporary care of children in	42292
physically unrestricted facilities pending court adjudication or	42293
disposition.	42294

~~(52)~~(54) "Shelter for victims of domestic violence" has the	42295
same meaning as in section 3113.33 of the Revised Code.	42296

~~(53)~~(55) "Temporary custody" means legal custody of a child	42297
who is removed from the child's home, which custody may be	42298
terminated at any time at the discretion of the court or, if the	42299
legal custody is granted in an agreement for temporary custody, by	42300
the person who executed the agreement.	42301

(56) "Traditional response" means a public children services	42302
agency's response to a report of child abuse or neglect that	42303
encourages engagement of the family in a comprehensive evaluation	42304
of the child's current and future safety needs and a fact-finding	42305
process to determine whether child abuse or neglect occurred and	42306
the circumstances surrounding the alleged harm or risk of harm.	42307

(C) For the purposes of this chapter, a child shall be	42308
presumed abandoned when the parents of the child have failed to	42309
visit or maintain contact with the child for more than ninety	42310
days, regardless of whether the parents resume contact with the	42311
child after that period of ninety days.	42312

Sec. 2151.3515. As used in sections 2151.3515 to 2151.3530	42313
of the Revised Code:	42314

(A) "Deserted child" means a child whose parent has	42315
voluntarily delivered the child to an emergency medical service	42316
worker, peace officer, or hospital employee without expressing an	42317
intent to return for the child.	42318

(B) "Emergency medical service organization," "emergency	42319
medical technician-basic," "emergency medical	42320
technician-intermediate," "first responder," and "paramedic" have	42321
the same meanings as in section 4765.01 of the Revised Code.	42322

(C) "Emergency medical service worker" means a first	42323
responder, emergency medical technician-basic, emergency medical	42324
technician-intermediate, or paramedic.	42325

(D) "Hospital" has the same meaning as in section 3727.01 of	42326
the Revised Code.	42327

(E) "Hospital employee" means any of the following persons:

42328

(1) A physician who has been granted privileges to practice	42329
at the hospital;	42330

(2) A nurse, physician assistant, or nursing assistant	42331
employed by the hospital;	42332

(3) An authorized person employed by the hospital who is	42333
acting under the direction of a physician described in division	42334
(E)(1) of this section.	42335

(F) "Law enforcement agency" means an organization or entity	42336
made up of peace officers.	42337

(G) "Nurse" means a person who is licensed under Chapter	42338
4723. of the Revised Code to practice as a registered nurse or	42339
licensed practical nurse.	42340

(H) "Nursing assistant" means a person designated by a	42341
hospital as a nurse aide or nursing assistant whose job is to aid	42342
nurses, physicians, and physician assistants in the performance of	42343
their duties.	42344

(I) "Peace officer" means a sheriff, deputy sheriff,	42345
constable, police officer of a township or joint ~~township~~ police	42346
district, marshal, deputy marshal, municipal police officer, or a	42347
state highway patrol trooper.	42348

(J) "Physician" and "physician assistant" have the same	42349
meanings as in section 4730.01 of the Revised Code.	42350

Sec. 2151.412. (A) Each public children services agency and	42351
private child placing agency shall prepare and maintain a case	42352
plan for any child to whom the agency is providing services and to	42353
whom any of the following applies:	42354

(1) The agency filed a complaint pursuant to section 2151.27	42355
of the Revised Code alleging that the child is an abused,	42356
neglected, or dependent child;	42357

(2) The agency has temporary or permanent custody of the	42358
child;	42359

(3) The child is living at home subject to an order for	42360
protective supervision;	42361

(4) The child is in a planned permanent living arrangement.

42362

Except as provided by division (A)(2) of section 5103.153 of	42363
the Revised Code, a private child placing agency providing	42364
services to a child who is the subject of a voluntary permanent	42365
custody surrender agreement entered into under division (B)(2) of	42366
section 5103.15 of the Revised Code is not required to prepare and	42367
maintain a case plan for that child.	42368

(B) Each public children services agency shall prepare and	42369
maintain a case plan or a family service plan for any child for	42370
whom the agency is providing in-home services pursuant to an	42371
alternative response.	42372

(C)(1) The director of job and family services shall adopt	42373
rules pursuant to Chapter 119. of the Revised Code setting forth	42374
the content and format of case plans required by division (A) of	42375
this section and establishing procedures for developing,	42376
implementing, and changing the case plans. The rules shall at a	42377
minimum comply with the requirements of Title IV-E of the "Social	42378
Security Act," 94 Stat. 501, 42 U.S.C. 671 (1980), as amended.	42379

(2) The director of job and family services shall adopt rules	42380
pursuant to Chapter 119. of the Revised Code requiring public	42381
children services agencies and private child placing agencies to	42382
maintain case plans for children and their families who are	42383
receiving services in their homes from the agencies and for whom	42384
case plans are not required by division (A) of this section. The	42385
rules for public children services agencies shall include the	42386
requirements for case plans or family service plans maintained for	42387
children and their families who are receiving services in their	42388
homes from public children services agencies pursuant to an	42389
alternative response. The agencies shall maintain case plans and	42390
family service plans as required by those rules; however, the case	42391
plans and family service plans shall not be subject to any other	42392
provision of this section except as specifically required by the	42393
rules.	42394

~~(C)~~(D) Each public children services agency and private child	42395
placing agency that is required by division (A) of this section to	42396
maintain a case plan shall file the case plan with the court prior	42397
to the child's adjudicatory hearing but no later than thirty days	42398
after the earlier of the date on which the complaint in the case	42399
was filed or the child was first placed into shelter care. If the	42400
agency does not have sufficient information prior to the	42401
adjudicatory hearing to complete any part of the case plan, the	42402
agency shall specify in the case plan the additional information	42403
necessary to complete each part of the case plan and the steps	42404
that will be taken to obtain that information. All parts of the	42405
case plan shall be completed by the earlier of thirty days after	42406
the adjudicatory hearing or the date of the dispositional hearing	42407
for the child.	42408

~~(D)~~(E) Any agency that is required by division (A) of this	42409
section to prepare a case plan shall attempt to obtain an	42410
agreement among all parties, including, but not limited to, the	42411
parents, guardian, or custodian of the child and the guardian ad	42412
litem of the child regarding the content of the case plan. If all	42413
parties agree to the content of the case plan and the court	42414
approves it, the court shall journalize it as part of its	42415
dispositional order. If the agency cannot obtain an agreement upon	42416
the contents of the case plan or the court does not approve it,	42417
the parties shall present evidence on the contents of the case	42418
plan at the dispositional hearing. The court, based upon the	42419
evidence presented at the dispositional hearing and the best	42420
interest of the child, shall determine the contents of the case	42421
plan and journalize it as part of the dispositional order for the	42422
child.	42423

~~(E)~~(F)(1) All parties, including the parents, guardian, or	42424
custodian of the child, are bound by the terms of the journalized	42425
case plan. A party that fails to comply with the terms of the	42426
journalized case plan may be held in contempt of court.	42427

(2) Any party may propose a change to a substantive part of	42428
the case plan, including, but not limited to, the child's	42429
placement and the visitation rights of any party. A party	42430
proposing a change to the case plan shall file the proposed change	42431
with the court and give notice of the proposed change in writing	42432
before the end of the day after the day of filing it to all	42433
parties and the child's guardian ad litem. All parties and the	42434
guardian ad litem shall have seven days from the date the notice	42435
is sent to object to and request a hearing on the proposed change.	42436

(a) If it receives a timely request for a hearing, the court	42437
shall schedule a hearing pursuant to section 2151.417 of the	42438
Revised Code to be held no later than thirty days after the	42439
request is received by the court. The court shall give notice of	42440
the date, time, and location of the hearing to all parties and the	42441
guardian ad litem. The agency may implement the proposed change	42442
after the hearing, if the court approves it. The agency shall not	42443
implement the proposed change unless it is approved by the court.	42444

(b) If it does not receive a timely request for a hearing,	42445
the court may approve the proposed change without a hearing. If	42446
the court approves the proposed change without a hearing, it shall	42447
journalize the case plan with the change not later than fourteen	42448
days after the change is filed with the court. If the court does	42449
not approve the proposed change to the case plan, it shall	42450
schedule a hearing to be held pursuant to section 2151.417 of the	42451
Revised Code no later than thirty days after the expiration of the	42452
fourteen-day time period and give notice of the date, time, and	42453
location of the hearing to all parties and the guardian ad litem	42454
of the child. If, despite the requirements of division ~~(E)~~(F)(2)	42455
of this section, the court neither approves and journalizes the	42456
proposed change nor conducts a hearing, the agency may implement	42457
the proposed change not earlier than fifteen days after it is	42458
submitted to the court.	42459

(3) If an agency has reasonable cause to believe that a child	42460
is suffering from illness or injury and is not receiving proper	42461
care and that an appropriate change in the child's case plan is	42462
necessary to prevent immediate or threatened physical or emotional	42463
harm, to believe that a child is in immediate danger from the	42464
child's surroundings and that an immediate change in the child's	42465
case plan is necessary to prevent immediate or threatened physical	42466
or emotional harm to the child, or to believe that a parent,	42467
guardian, custodian, or other member of the child's household has	42468
abused or neglected the child and that the child is in danger of	42469
immediate or threatened physical or emotional harm from that	42470
person unless the agency makes an appropriate change in the	42471
child's case plan, it may implement the change without prior	42472
agreement or a court hearing and, before the end of the next day	42473
after the change is made, give all parties, the guardian ad litem	42474
of the child, and the court notice of the change. Before the end	42475
of the third day after implementing the change in the case plan,	42476
the agency shall file a statement of the change with the court and	42477
give notice of the filing accompanied by a copy of the statement	42478
to all parties and the guardian ad litem. All parties and the	42479
guardian ad litem shall have ten days from the date the notice is	42480
sent to object to and request a hearing on the change.	42481

(a) If it receives a timely request for a hearing, the court	42482
shall schedule a hearing pursuant to section 2151.417 of the	42483
Revised Code to be held no later than thirty days after the	42484
request is received by the court. The court shall give notice of	42485
the date, time, and location of the hearing to all parties and the	42486
guardian ad litem. The agency shall continue to administer the	42487
case plan with the change after the hearing, if the court approves	42488
the change. If the court does not approve the change, the court	42489
shall make appropriate changes to the case plan and shall	42490
journalize the case plan.	42491

(b) If it does not receive a timely request for a hearing,	42492
the court may approve the change without a hearing. If the court	42493
approves the change without a hearing, it shall journalize the	42494
case plan with the change within fourteen days after receipt of	42495
the change. If the court does not approve the change to the case	42496
plan, it shall schedule a hearing under section 2151.417 of the	42497
Revised Code to be held no later than thirty days after the	42498
expiration of the fourteen-day time period and give notice of the	42499
date, time, and location of the hearing to all parties and the	42500
guardian ad litem of the child.	42501

~~(F)~~(G)(1) All case plans for children in temporary custody	42502
shall have the following general goals:	42503

(a) Consistent with the best interest and special needs of	42504
the child, to achieve a safe out-of-home placement in the least	42505
restrictive, most family-like setting available and in close	42506
proximity to the home from which the child was removed or the home	42507
in which the child will be permanently placed;	42508

(b) To eliminate with all due speed the need for the	42509
out-of-home placement so that the child can safely return home.	42510

(2) The director of job and family services shall adopt rules	42511
pursuant to Chapter 119. of the Revised Code setting forth the	42512
general goals of case plans for children subject to dispositional	42513
orders for protective supervision, a planned permanent living	42514
arrangement, or permanent custody.	42515

~~(G)~~(H) In the agency's development of a case plan and the	42516
court's review of the case plan, the child's health and safety	42517
shall be the paramount concern. The agency and the court shall be	42518
guided by the following general priorities:	42519

(1) A child who is residing with or can be placed with the	42520
child's parents within a reasonable time should remain in their	42521
legal custody even if an order of protective supervision is	42522
required for a reasonable period of time;	42523

(2) If both parents of the child have abandoned the child,	42524
have relinquished custody of the child, have become incapable of	42525
supporting or caring for the child even with reasonable	42526
assistance, or have a detrimental effect on the health, safety,	42527
and best interest of the child, the child should be placed in the	42528
legal custody of a suitable member of the child's extended family;	42529

(3) If a child described in division ~~(G)~~(H)(2) of this	42530
section has no suitable member of the child's extended family to	42531
accept legal custody, the child should be placed in the legal	42532
custody of a suitable nonrelative who shall be made a party to the	42533
proceedings after being given legal custody of the child;	42534

(4) If the child has no suitable member of the child's	42535
extended family to accept legal custody of the child and no	42536
suitable nonrelative is available to accept legal custody of the	42537
child and, if the child temporarily cannot or should not be placed	42538
with the child's parents, guardian, or custodian, the child should	42539
be placed in the temporary custody of a public children services	42540
agency or a private child placing agency;	42541

(5) If the child cannot be placed with either of the child's	42542
parents within a reasonable period of time or should not be placed	42543
with either, if no suitable member of the child's extended family	42544
or suitable nonrelative is available to accept legal custody of	42545
the child, and if the agency has a reasonable expectation of	42546
placing the child for adoption, the child should be committed to	42547
the permanent custody of the public children services agency or	42548
private child placing agency;	42549

(6) If the child is to be placed for adoption or foster care,	42550
the placement shall not be delayed or denied on the basis of the	42551
child's or adoptive or foster family's race, color, or national	42552
origin.	42553

~~(H)~~(I) The case plan for a child in temporary custody shall	42554
include at a minimum the following requirements if the child is or	42555
has been the victim of abuse or neglect or if the child witnessed	42556
the commission in the child's household of abuse or neglect	42557
against a sibling of the child, a parent of the child, or any	42558
other person in the child's household:	42559

(1) A requirement that the child's parents, guardian, or	42560
custodian participate in mandatory counseling;	42561

(2) A requirement that the child's parents, guardian, or	42562
custodian participate in any supportive services that are required	42563
by or provided pursuant to the child's case plan.	42564

~~(I)~~(J) A case plan may include, as a supplement, a plan for	42565
locating a permanent family placement. The supplement shall not be	42566
considered part of the case plan for purposes of division ~~(D)~~(E)	42567
of this section.	42568

Sec. 2151.421. (A)(1)(a) No person described in division	42569
(A)(1)(b) of this section who is acting in an official or	42570
professional capacity and knows, or has reasonable cause to	42571
suspect based on facts that would cause a reasonable person in a	42572
similar position to suspect, that a child under eighteen years of	42573
age or a mentally retarded, developmentally disabled, or	42574
physically impaired child under twenty-one years of age has	42575
suffered or faces a threat of suffering any physical or mental	42576
wound, injury, disability, or condition of a nature that	42577
reasonably indicates abuse or neglect of the child shall fail to	42578
immediately report that knowledge or reasonable cause to suspect	42579
to the entity or persons specified in this division. Except as	42580
provided in section 5120.173 of the Revised Code, the person	42581
making the report shall make it to the public children services	42582
agency or a municipal or county peace officer in the county in	42583
which the child resides or in which the abuse or neglect is	42584
occurring or has occurred. In the circumstances described in	42585
section 5120.173 of the Revised Code, the person making the report	42586
shall make it to the entity specified in that section.	42587

(b) Division (A)(1)(a) of this section applies to any person	42588
who is an attorney; physician, including a hospital intern or	42589
resident; dentist; podiatrist; practitioner of a limited branch of	42590
medicine as specified in section 4731.15 of the Revised Code;	42591
registered nurse; licensed practical nurse; visiting nurse; other	42592
health care professional; licensed psychologist; licensed school	42593
psychologist; independent marriage and family therapist or	42594
marriage and family therapist; speech pathologist or audiologist;	42595
coroner; administrator or employee of a child day-care center;	42596
administrator or employee of a residential camp or child day camp;	42597
administrator or employee of a certified child care agency or	42598
other public or private children services agency; school teacher;	42599
school employee; school authority; person engaged in social work	42600
or the practice of professional counseling; agent of a county	42601
humane society; person, other than a cleric, rendering spiritual	42602
treatment through prayer in accordance with the tenets of a	42603
well-recognized religion; employee of a county department of job	42604
and family services who is a professional and who works with	42605
children and families; superintendent, board member, or employee	42606
of a county board of developmental disabilities; investigative	42607
agent contracted with by a county board of developmental	42608
disabilities; employee of the department of developmental	42609
disabilities; employee of a facility or home that provides respite	42610
care in accordance with section 5123.171 of the Revised Code;	42611
employee of a home health agency; employee of an entity that	42612
provides homemaker services; a person performing the duties of an	42613
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	42614
or third party employed by a public children services agency to	42615
assist in providing child or family related services.	42616

(2) Except as provided in division (A)(3) of this section, an	42617
attorney or a physician is not required to make a report pursuant	42618
to division (A)(1) of this section concerning any communication	42619
the attorney or physician receives from a client or patient in an	42620
attorney-client or physician-patient relationship, if, in	42621
accordance with division (A) or (B) of section 2317.02 of the	42622
Revised Code, the attorney or physician could not testify with	42623
respect to that communication in a civil or criminal proceeding.	42624

(3) The client or patient in an attorney-client or	42625
physician-patient relationship described in division (A)(2) of	42626
this section is deemed to have waived any testimonial privilege	42627
under division (A) or (B) of section 2317.02 of the Revised Code	42628
with respect to any communication the attorney or physician	42629
receives from the client or patient in that attorney-client or	42630
physician-patient relationship, and the attorney or physician	42631
shall make a report pursuant to division (A)(1) of this section	42632
with respect to that communication, if all of the following apply:	42633

(a) The client or patient, at the time of the communication,	42634
is either a child under eighteen years of age or a mentally	42635
retarded, developmentally disabled, or physically impaired person	42636
under twenty-one years of age.	42637

(b) The attorney or physician knows, or has reasonable cause	42638
to suspect based on facts that would cause a reasonable person in	42639
similar position to suspect, as a result of the communication or	42640
any observations made during that communication, that the client	42641
or patient has suffered or faces a threat of suffering any	42642
physical or mental wound, injury, disability, or condition of a	42643
nature that reasonably indicates abuse or neglect of the client or	42644
patient.	42645

(c) The abuse or neglect does not arise out of the client's	42646
or patient's attempt to have an abortion without the notification	42647
of her parents, guardian, or custodian in accordance with section	42648
2151.85 of the Revised Code.	42649

(4)(a) No cleric and no person, other than a volunteer,	42650
designated by any church, religious society, or faith acting as a	42651
leader, official, or delegate on behalf of the church, religious	42652
society, or faith who is acting in an official or professional	42653
capacity, who knows, or has reasonable cause to believe based on	42654
facts that would cause a reasonable person in a similar position	42655
to believe, that a child under eighteen years of age or a mentally	42656
retarded, developmentally disabled, or physically impaired child	42657
under twenty-one years of age has suffered or faces a threat of	42658
suffering any physical or mental wound, injury, disability, or	42659
condition of a nature that reasonably indicates abuse or neglect	42660
of the child, and who knows, or has reasonable cause to believe	42661
based on facts that would cause a reasonable person in a similar	42662
position to believe, that another cleric or another person, other	42663
than a volunteer, designated by a church, religious society, or	42664
faith acting as a leader, official, or delegate on behalf of the	42665
church, religious society, or faith caused, or poses the threat of	42666
causing, the wound, injury, disability, or condition that	42667
reasonably indicates abuse or neglect shall fail to immediately	42668
report that knowledge or reasonable cause to believe to the entity	42669
or persons specified in this division. Except as provided in	42670
section 5120.173 of the Revised Code, the person making the report	42671
shall make it to the public children services agency or a	42672
municipal or county peace officer in the county in which the child	42673
resides or in which the abuse or neglect is occurring or has	42674
occurred. In the circumstances described in section 5120.173 of	42675
the Revised Code, the person making the report shall make it to	42676
the entity specified in that section.	42677

(b) Except as provided in division (A)(4)(c) of this section,	42678
a cleric is not required to make a report pursuant to division	42679
(A)(4)(a) of this section concerning any communication the cleric	42680
receives from a penitent in a cleric-penitent relationship, if, in	42681
accordance with division (C) of section 2317.02 of the Revised	42682
Code, the cleric could not testify with respect to that	42683
communication in a civil or criminal proceeding.	42684

(c) The penitent in a cleric-penitent relationship described	42685
in division (A)(4)(b) of this section is deemed to have waived any	42686
testimonial privilege under division (C) of section 2317.02 of the	42687
Revised Code with respect to any communication the cleric receives	42688
from the penitent in that cleric-penitent relationship, and the	42689
cleric shall make a report pursuant to division (A)(4)(a) of this	42690
section with respect to that communication, if all of the	42691
following apply:	42692

(i) The penitent, at the time of the communication, is either	42693
a child under eighteen years of age or a mentally retarded,	42694
developmentally disabled, or physically impaired person under	42695
twenty-one years of age.	42696

(ii) The cleric knows, or has reasonable cause to believe	42697
based on facts that would cause a reasonable person in a similar	42698
position to believe, as a result of the communication or any	42699
observations made during that communication, the penitent has	42700
suffered or faces a threat of suffering any physical or mental	42701
wound, injury, disability, or condition of a nature that	42702
reasonably indicates abuse or neglect of the penitent.	42703

(iii) The abuse or neglect does not arise out of the	42704
penitent's attempt to have an abortion performed upon a child	42705
under eighteen years of age or upon a mentally retarded,	42706
developmentally disabled, or physically impaired person under	42707
twenty-one years of age without the notification of her parents,	42708
guardian, or custodian in accordance with section 2151.85 of the	42709
Revised Code.	42710

(d) Divisions (A)(4)(a) and (c) of this section do not apply	42711
in a cleric-penitent relationship when the disclosure of any	42712
communication the cleric receives from the penitent is in	42713
violation of the sacred trust.	42714

(e) As used in divisions (A)(1) and (4) of this section,	42715
"cleric" and "sacred trust" have the same meanings as in section	42716
2317.02 of the Revised Code.	42717

(B) Anyone who knows, or has reasonable cause to suspect	42718
based on facts that would cause a reasonable person in similar	42719
circumstances to suspect, that a child under eighteen years of age	42720
or a mentally retarded, developmentally disabled, or physically	42721
impaired person under twenty-one years of age has suffered or	42722
faces a threat of suffering any physical or mental wound, injury,	42723
disability, or other condition of a nature that reasonably	42724
indicates abuse or neglect of the child may report or cause	42725
reports to be made of that knowledge or reasonable cause to	42726
suspect to the entity or persons specified in this division.	42727
Except as provided in section 5120.173 of the Revised Code, a	42728
person making a report or causing a report to be made under this	42729
division shall make it or cause it to be made to the public	42730
children services agency or to a municipal or county peace	42731
officer. In the circumstances described in section 5120.173 of the	42732
Revised Code, a person making a report or causing a report to be	42733
made under this division shall make it or cause it to be made to	42734
the entity specified in that section.	42735

(C) Any report made pursuant to division (A) or (B) of this	42736
section shall be made forthwith either by telephone or in person	42737
and shall be followed by a written report, if requested by the	42738
receiving agency or officer. The written report shall contain:	42739

(1) The names and addresses of the child and the child's	42740
parents or the person or persons having custody of the child, if	42741
known;	42742

(2) The child's age and the nature and extent of the child's	42743
injuries, abuse, or neglect that is known or reasonably suspected	42744
or believed, as applicable, to have occurred or of the threat of	42745
injury, abuse, or neglect that is known or reasonably suspected or	42746
believed, as applicable, to exist, including any evidence of	42747
previous injuries, abuse, or neglect;	42748

(3) Any other information that might be helpful in	42749
establishing the cause of the injury, abuse, or neglect that is	42750
known or reasonably suspected or believed, as applicable, to have	42751
occurred or of the threat of injury, abuse, or neglect that is	42752
known or reasonably suspected or believed, as applicable, to	42753
exist.	42754

Any person, who is required by division (A) of this section	42755
to report child abuse or child neglect that is known or reasonably	42756
suspected or believed to have occurred, may take or cause to be	42757
taken color photographs of areas of trauma visible on a child and,	42758
if medically indicated, cause to be performed radiological	42759
examinations of the child.	42760

(D) As used in this division, "children's advocacy center"	42761
and "sexual abuse of a child" have the same meanings as in section	42762
2151.425 of the Revised Code.	42763

(1) When a municipal or county peace officer receives a	42764
report concerning the possible abuse or neglect of a child or the	42765
possible threat of abuse or neglect of a child, upon receipt of	42766
the report, the municipal or county peace officer who receives the	42767
report shall refer the report to the appropriate public children	42768
services agency.	42769

(2) When a public children services agency receives a report	42770
pursuant to this division or division (A) or (B) of this section,	42771
upon receipt of the report, the public children services agency	42772
shall do both of the following:	42773

(a) Comply with section 2151.422 of the Revised Code;

42774

(b) If the county served by the agency is also served by a	42775
children's advocacy center and the report alleges sexual abuse of	42776
a child or another type of abuse of a child that is specified in	42777
the memorandum of understanding that creates the center as being	42778
within the center's jurisdiction, comply regarding the report with	42779
the protocol and procedures for referrals and investigations, with	42780
the coordinating activities, and with the authority or	42781
responsibility for performing or providing functions, activities,	42782
and services stipulated in the interagency agreement entered into	42783
under section 2151.428 of the Revised Code relative to that	42784
center.	42785

(E) No township, municipal, or county peace officer shall	42786
remove a child about whom a report is made pursuant to this	42787
section from the child's parents, stepparents, or guardian or any	42788
other persons having custody of the child without consultation	42789
with the public children services agency, unless, in the judgment	42790
of the officer, and, if the report was made by physician, the	42791
physician, immediate removal is considered essential to protect	42792
the child from further abuse or neglect. The agency that must be	42793
consulted shall be the agency conducting the investigation of the	42794
report as determined pursuant to section 2151.422 of the Revised	42795
Code.	42796

(F)(1) Except as provided in section 2151.422 of the Revised	42797
Code or in an interagency agreement entered into under section	42798
2151.428 of the Revised Code that applies to the particular	42799
report, the public children services agency shall investigate,	42800
within twenty-four hours, each report of child abuse or child	42801
neglect that is known or reasonably suspected or believed to have	42802
occurred and of a threat of child abuse or child neglect that is	42803
known or reasonably suspected or believed to exist that is	42804
referred to it under this section to determine the circumstances	42805
surrounding the injuries, abuse, or neglect or the threat of	42806
injury, abuse, or neglect, the cause of the injuries, abuse,	42807
neglect, or threat, and the person or persons responsible. The	42808
investigation shall be made in cooperation with the law	42809
enforcement agency and in accordance with the memorandum of	42810
understanding prepared under division (J) of this section. A	42811
representative of the public children services agency shall, at	42812
the time of initial contact with the person subject to the	42813
investigation, inform the person of the specific complaints or	42814
allegations made against the person. The information shall be	42815
given in a manner that is consistent with division (H)(1) of this	42816
section and protects the rights of the person making the report	42817
under this section.	42818

A failure to make the investigation in accordance with the	42819
memorandum is not grounds for, and shall not result in, the	42820
dismissal of any charges or complaint arising from the report or	42821
the suppression of any evidence obtained as a result of the report	42822
and does not give, and shall not be construed as giving, any	42823
rights or any grounds for appeal or post-conviction relief to any	42824
person. The public children services agency shall report each case	42825
to the uniform statewide automated child welfare information	42826
system that the department of job and family services shall	42827
maintain in accordance with section 5101.13 of the Revised Code.	42828
The public children services agency shall submit a report of its	42829
investigation, in writing, to the law enforcement agency.	42830

(2) The public children services agency shall make any	42831
recommendations to the county prosecuting attorney or city	42832
director of law that it considers necessary to protect any	42833
children that are brought to its attention.	42834

(G)(1)(a) Except as provided in division (H)(3) of this	42835
section, anyone or any hospital, institution, school, health	42836
department, or agency participating in the making of reports under	42837
division (A) of this section, anyone or any hospital, institution,	42838
school, health department, or agency participating in good faith	42839
in the making of reports under division (B) of this section, and	42840
anyone participating in good faith in a judicial proceeding	42841
resulting from the reports, shall be immune from any civil or	42842
criminal liability for injury, death, or loss to person or	42843
property that otherwise might be incurred or imposed as a result	42844
of the making of the reports or the participation in the judicial	42845
proceeding.	42846

(b) Notwithstanding section 4731.22 of the Revised Code, the	42847
physician-patient privilege shall not be a ground for excluding	42848
evidence regarding a child's injuries, abuse, or neglect, or the	42849
cause of the injuries, abuse, or neglect in any judicial	42850
proceeding resulting from a report submitted pursuant to this	42851
section.	42852

(2) In any civil or criminal action or proceeding in which it	42853
is alleged and proved that participation in the making of a report	42854
under this section was not in good faith or participation in a	42855
judicial proceeding resulting from a report made under this	42856
section was not in good faith, the court shall award the	42857
prevailing party reasonable attorney's fees and costs and, if a	42858
civil action or proceeding is voluntarily dismissed, may award	42859
reasonable attorney's fees and costs to the party against whom the	42860
civil action or proceeding is brought.	42861

(H)(1) Except as provided in divisions (H)(4) and (N) of this	42862
section, a report made under this section is confidential. The	42863
information provided in a report made pursuant to this section and	42864
the name of the person who made the report shall not be released	42865
for use, and shall not be used, as evidence in any civil action or	42866
proceeding brought against the person who made the report. Nothing	42867
in this division shall preclude the use of reports of other	42868
incidents of known or suspected abuse or neglect in a civil action	42869
or proceeding brought pursuant to division (M) of this section	42870
against a person who is alleged to have violated division (A)(1)	42871
of this section, provided that any information in a report that	42872
would identify the child who is the subject of the report or the	42873
maker of the report, if the maker of the report is not the	42874
defendant or an agent or employee of the defendant, has been	42875
redacted. In a criminal proceeding, the report is admissible in	42876
evidence in accordance with the Rules of Evidence and is subject	42877
to discovery in accordance with the Rules of Criminal Procedure.	42878

(2) No person shall permit or encourage the unauthorized	42879
dissemination of the contents of any report made under this	42880
section.	42881

(3) A person who knowingly makes or causes another person to	42882
make a false report under division (B) of this section that	42883
alleges that any person has committed an act or omission that	42884
resulted in a child being an abused child or a neglected child is	42885
guilty of a violation of section 2921.14 of the Revised Code.	42886

(4) If a report is made pursuant to division (A) or (B) of	42887
this section and the child who is the subject of the report dies	42888
for any reason at any time after the report is made, but before	42889
the child attains eighteen years of age, the public children	42890
services agency or municipal or county peace officer to which the	42891
report was made or referred, on the request of the child fatality	42892
review board, shall submit a summary sheet of information	42893
providing a summary of the report to the review board of the	42894
county in which the deceased child resided at the time of death.	42895
On the request of the review board, the agency or peace officer	42896
may, at its discretion, make the report available to the review	42897
board. If the county served by the public children services agency	42898
is also served by a children's advocacy center and the report of	42899
alleged sexual abuse of a child or another type of abuse of a	42900
child is specified in the memorandum of understanding that creates	42901
the center as being within the center's jurisdiction, the agency	42902
or center shall perform the duties and functions specified in this	42903
division in accordance with the interagency agreement entered into	42904
under section 2151.428 of the Revised Code relative to that	42905
advocacy center.	42906

(5) A public children services agency shall advise a person	42907
alleged to have inflicted abuse or neglect on a child who is the	42908
subject of a report made pursuant to this section, including a	42909
report alleging sexual abuse of a child or another type of abuse	42910
of a child referred to a children's advocacy center pursuant to an	42911
interagency agreement entered into under section 2151.428 of the	42912
Revised Code, in writing of the disposition of the investigation.	42913
The agency shall not provide to the person any information that	42914
identifies the person who made the report, statements of	42915
witnesses, or police or other investigative reports.	42916

(I) Any report that is required by this section, other than a	42917
report that is made to the state highway patrol as described in	42918
section 5120.173 of the Revised Code, shall result in protective	42919
services and emergency supportive services being made available by	42920
the public children services agency on behalf of the children	42921
about whom the report is made, in an effort to prevent further	42922
neglect or abuse, to enhance their welfare, and, whenever	42923
possible, to preserve the family unit intact. The agency required	42924
to provide the services shall be the agency conducting the	42925
investigation of the report pursuant to section 2151.422 of the	42926
Revised Code.	42927

(J)(1) Each public children services agency shall prepare a	42928
memorandum of understanding that is signed by all of the	42929
following:	42930

(a) If there is only one juvenile judge in the county, the	42931
juvenile judge of the county or the juvenile judge's	42932
representative;	42933

(b) If there is more than one juvenile judge in the county, a	42934
juvenile judge or the juvenile judges' representative selected by	42935
the juvenile judges or, if they are unable to do so for any	42936
reason, the juvenile judge who is senior in point of service or	42937
the senior juvenile judge's representative;	42938

42939

(d) All chief municipal peace officers within the county;

42940

(e) Other law enforcement officers handling child abuse and	42941
neglect cases in the county;	42942

(f) The prosecuting attorney of the county;

42943

(g) If the public children services agency is not the county	42944
department of job and family services, the county department of	42945
job and family services;	42946

(h) The county humane society;

42947

(i) If the public children services agency participated in	42948
the execution of a memorandum of understanding under section	42949
2151.426 of the Revised Code establishing a children's advocacy	42950
center, each participating member of the children's advocacy	42951
center established by the memorandum.	42952

(2) A memorandum of understanding shall set forth the normal	42953
operating procedure to be employed by all concerned officials in	42954
the execution of their respective responsibilities under this	42955
section and division (C) of section 2919.21, division (B)(1) of	42956
section 2919.22, division (B) of section 2919.23, and section	42957
2919.24 of the Revised Code and shall have as two of its primary	42958
goals the elimination of all unnecessary interviews of children	42959
who are the subject of reports made pursuant to division (A) or	42960
(B) of this section and, when feasible, providing for only one	42961
interview of a child who is the subject of any report made	42962
pursuant to division (A) or (B) of this section. A failure to	42963
follow the procedure set forth in the memorandum by the concerned	42964
officials is not grounds for, and shall not result in, the	42965
dismissal of any charges or complaint arising from any reported	42966
case of abuse or neglect or the suppression of any evidence	42967
obtained as a result of any reported child abuse or child neglect	42968
and does not give, and shall not be construed as giving, any	42969
rights or any grounds for appeal or post-conviction relief to any	42970
person.	42971

(3) A memorandum of understanding shall include all of the	42972
following:	42973

(a) The roles and responsibilities for handling emergency and	42974
nonemergency cases of abuse and neglect;	42975

(b) Standards and procedures to be used in handling and	42976
coordinating investigations of reported cases of child abuse and	42977
reported cases of child neglect, methods to be used in	42978
interviewing the child who is the subject of the report and who	42979
allegedly was abused or neglected, and standards and procedures	42980
addressing the categories of persons who may interview the child	42981
who is the subject of the report and who allegedly was abused or	42982
neglected.	42983

(4) If a public children services agency participated in the	42984
execution of a memorandum of understanding under section 2151.426	42985
of the Revised Code establishing a children's advocacy center, the	42986
agency shall incorporate the contents of that memorandum in the	42987
memorandum prepared pursuant to this section.	42988

(5) The clerk of the court of common pleas in the county may	42989
sign the memorandum of understanding prepared under division	42990
(J)(1) of this section. If the clerk signs the memorandum of	42991
understanding, the clerk shall execute all relevant	42992
responsibilities as required of officials specified in the	42993
memorandum.	42994

(K)(1) Except as provided in division (K)(4) of this section,	42995
a person who is required to make a report pursuant to division (A)	42996
of this section may make a reasonable number of requests of the	42997
public children services agency that receives or is referred the	42998
report, or of the children's advocacy center that is referred the	42999
report if the report is referred to a children's advocacy center	43000
pursuant to an interagency agreement entered into under section	43001
2151.428 of the Revised Code, to be provided with the following	43002
information:	43003

(a) Whether the agency or center has initiated an	43004
investigation of the report;	43005

(b) Whether the agency or center is continuing to investigate	43006
the report;	43007

(c) Whether the agency or center is otherwise involved with	43008
the child who is the subject of the report;	43009

(d) The general status of the health and safety of the child	43010
who is the subject of the report;	43011

(e) Whether the report has resulted in the filing of a	43012
complaint in juvenile court or of criminal charges in another	43013
court.	43014

(2) A person may request the information specified in	43015
division (K)(1) of this section only if, at the time the report is	43016
made, the person's name, address, and telephone number are	43017
provided to the person who receives the report.	43018

When a municipal or county peace officer or employee of a	43019
public children services agency receives a report pursuant to	43020
division (A) or (B) of this section the recipient of the report	43021
shall inform the person of the right to request the information	43022
described in division (K)(1) of this section. The recipient of the	43023
report shall include in the initial child abuse or child neglect	43024
report that the person making the report was so informed and, if	43025
provided at the time of the making of the report, shall include	43026
the person's name, address, and telephone number in the report.	43027

Each request is subject to verification of the identity of	43028
the person making the report. If that person's identity is	43029
verified, the agency shall provide the person with the information	43030
described in division (K)(1) of this section a reasonable number	43031
of times, except that the agency shall not disclose any	43032
confidential information regarding the child who is the subject of	43033
the report other than the information described in those	43034
divisions.	43035

(3) A request made pursuant to division (K)(1) of this	43036
section is not a substitute for any report required to be made	43037
pursuant to division (A) of this section.	43038

(4) If an agency other than the agency that received or was	43039
referred the report is conducting the investigation of the report	43040
pursuant to section 2151.422 of the Revised Code, the agency	43041
conducting the investigation shall comply with the requirements of	43042
division (K) of this section.	43043

(L) The director of job and family services shall adopt rules	43044
in accordance with Chapter 119. of the Revised Code to implement	43045
this section. The department of job and family services may enter	43046
into a plan of cooperation with any other governmental entity to	43047
aid in ensuring that children are protected from abuse and	43048
neglect. The department shall make recommendations to the attorney	43049
general that the department determines are necessary to protect	43050
children from child abuse and child neglect.	43051

(M) Whoever violates division (A) of this section is liable	43052
for compensatory and exemplary damages to the child who would have	43053
been the subject of the report that was not made. A person who	43054
brings a civil action or proceeding pursuant to this division	43055
against a person who is alleged to have violated division (A)(1)	43056
of this section may use in the action or proceeding reports of	43057
other incidents of known or suspected abuse or neglect, provided	43058
that any information in a report that would identify the child who	43059
is the subject of the report or the maker of the report, if the	43060
maker is not the defendant or an agent or employee of the	43061
defendant, has been redacted.	43062

(N)(1) As used in this division:

43063

(a) "Out-of-home care" includes a nonchartered nonpublic	43064
school if the alleged child abuse or child neglect, or alleged	43065
threat of child abuse or child neglect, described in a report	43066
received by a public children services agency allegedly occurred	43067
in or involved the nonchartered nonpublic school and the alleged	43068
perpetrator named in the report holds a certificate, permit, or	43069
license issued by the state board of education under section	43070
3301.071 or Chapter 3319. of the Revised Code.	43071

(b) "Administrator, director, or other chief administrative	43072
officer" means the superintendent of the school district if the	43073
out-of-home care entity subject to a report made pursuant to this	43074
section is a school operated by the district.	43075

(2) No later than the end of the day following the day on	43076
which a public children services agency receives a report of	43077
alleged child abuse or child neglect, or a report of an alleged	43078
threat of child abuse or child neglect, that allegedly occurred in	43079
or involved an out-of-home care entity, the agency shall provide	43080
written notice of the allegations contained in and the person	43081
named as the alleged perpetrator in the report to the	43082
administrator, director, or other chief administrative officer of	43083
the out-of-home care entity that is the subject of the report	43084
unless the administrator, director, or other chief administrative	43085
officer is named as an alleged perpetrator in the report. If the	43086
administrator, director, or other chief administrative officer of	43087
an out-of-home care entity is named as an alleged perpetrator in a	43088
report of alleged child abuse or child neglect, or a report of an	43089
alleged threat of child abuse or child neglect, that allegedly	43090
occurred in or involved the out-of-home care entity, the agency	43091
shall provide the written notice to the owner or governing board	43092
of the out-of-home care entity that is the subject of the report.	43093
The agency shall not provide witness statements or police or other	43094
investigative reports.	43095

(3) No later than three days after the day on which a public	43096
children services agency that conducted the investigation as	43097
determined pursuant to section 2151.422 of the Revised Code makes	43098
a disposition of an investigation involving a report of alleged	43099
child abuse or child neglect, or a report of an alleged threat of	43100
child abuse or child neglect, that allegedly occurred in or	43101
involved an out-of-home care entity, the agency shall send written	43102
notice of the disposition of the investigation to the	43103
administrator, director, or other chief administrative officer and	43104
the owner or governing board of the out-of-home care entity. The	43105
agency shall not provide witness statements or police or other	43106
investigative reports.	43107

(O) As used in this section, "investigation" means the public	43108
children services agency's response to an accepted report of child	43109
abuse or neglect through either an alternative response or a	43110
traditional response.	43111

Sec. 2151.424. (A) If a child has been placed in a certified	43112
foster home or is in the custody of a relative of the child, other	43113
than a parent of the child, a court, prior to conducting any	43114
hearing pursuant to division ~~(E)~~(F)(2) or (3) of section 2151.412	43115
or section 2151.28, 2151.33, 2151.35, 2151.414, 2151.415,	43116
2151.416, or 2151.417 of the Revised Code with respect to the	43117
child, shall notify the foster caregiver or relative of the date,	43118
time, and place of the hearing. At the hearing, the foster	43119
caregiver or relative shall have the right to present evidence.	43120

(B) If a public children services agency or private child	43121
placing agency has permanent custody of a child and a petition to	43122
adopt the child has been filed under Chapter 3107. of the Revised	43123
Code, the agency, prior to conducting a review under section	43124
2151.416 of the Revised Code, or a court, prior to conducting a	43125
hearing under division ~~(E)~~(F)(2) or (3) of section 2151.412 or	43126
section 2151.416 or 2151.417 of the Revised Code, shall notify the	43127
prospective adoptive parent of the date, time, and place of the	43128
review or hearing. At the review or hearing, the prospective	43129
adoptive parent shall have the right to present evidence.	43130

(C) The notice and the opportunity to present evidence do not	43131
make the foster caregiver, relative, or prospective adoptive	43132
parent a party in the action or proceeding pursuant to which the	43133
review or hearing is conducted.	43134

Sec. 2151.429. (A) The differential response approach, as	43135
defined in section 2151.011 of the Revised Code, pursued by a	43136
public children services agency shall include two response	43137
pathways, the traditional response pathway and the alternative	43138
response pathway. The director of job and family services shall	43139
adopt rules pursuant to Chapter 119. of the Revised Code setting	43140
forth the procedures and criteria for public children services	43141
agencies to assign and reassign response pathways.	43142

(B) The agency shall use the traditional response for the	43143
following types of accepted reports:	43144

(1) Physical abuse resulting in serious injury or that	43145
creates a serious and immediate risk to a child's health and	43146
safety.	43147

(2) Sexual abuse.

43148

(3) Child fatality.

43149

(4) Reports requiring a specialized assessment as identified	43150
by rule adopted by the department.	43151

(5) Reports requiring a third party investigative procedure	43152
as identified by rule adopted by the department.	43153

(C) For all other child abuse and neglect reports, an	43154
alternative response shall be the preferred response, whenever	43155
appropriate and in accordance with rules adopted by the	43156
department.	43157

Sec. 2151.541. (A)(1) The juvenile judge may determine that,	43158
for the efficient operation of the juvenile court, additional	43159
funds are required to computerize the court, to make available	43160
computerized legal research services, or both. Upon making a	43161
determination that additional funds are required for either or	43162
both of those purposes, the judge shall do one of the following:	43163

(a) If hethe judge is clerk of the court, charge one	43164
additional fee not to exceed three dollars on the filing of each	43165
cause of action or appeal under division (A), (Q), or (U) of	43166
section 2303.20 of the Revised Code;	43167

(b) If the clerk of the court of common pleas serves as the	43168
clerk of the juvenile court pursuant to section 2151.12 of the	43169
Revised Code, authorize and direct the clerk to charge one	43170
additional fee not to exceed three dollars on the filing of each	43171
cause of action or appeal under division (A), (Q), or (U) of	43172
section 2303.20 of the Revised Code.	43173

(2) All moneys collected under division (A)(1) of this	43174
section shall be paid to the county treasurer. The treasurer shall	43175
place the moneys from the fees in a separate fund to be disbursed,	43176
upon an order of the juvenile judge, subject to an appropriation	43177
by the board of county commissioners, in an amount no greater than	43178
the actual cost to the court of procuring and maintaining	43179
computerization of the court, computerized legal research	43180
services, or both.	43181

(3) If the court determines that the funds in the fund	43182
described in division (A)(2) of this section are more than	43183
sufficient to satisfy the purpose for which the additional fee	43184
described in division (A)(1) of this section was imposed, the	43185
court may declare a surplus in the fund and, subject to an	43186
appropriation by the board of county commissioners, expend those	43187
surplus funds for other appropriate technological expenses of the	43188
court.	43189

(B)(1) If the juvenile judge is the clerk of the juvenile	43190
court, hethe judge may determine that, for the efficient	43191
operation of ~~his~~the juvenile court, additional funds are required	43192
to computerize the clerk's office and, upon that determination,	43193
may charge an additional fee, not to exceed ten dollars, on the	43194
filing of each cause of action or appeal, on the filing,	43195
docketing, and endorsing of each certificate of judgment, or on	43196
the docketing and indexing of each aid in execution or petition to	43197
vacate, revive, or modify a judgment under divisions (A), (P),	43198
(Q), (T), and (U) of section 2303.20 of the Revised Code. Subject	43199
to division (B)(2) of this section, all moneys collected under	43200
this division shall be paid to the county treasurer to be	43201
disbursed, upon an order of the juvenile judge and subject to	43202
appropriation by the board of county commissioners, in an amount	43203
no greater than the actual cost to the juvenile court of procuring	43204
and maintaining computer systems for the clerk's office.	43205

(2) If the juvenile judge makes the determination described	43206
in division (B)(1) of this section, the board of county	43207
commissioners may issue one or more general obligation bonds for	43208
the purpose of procuring and maintaining the computer systems for	43209
the office of the clerk of the juvenile court. In addition to the	43210
purposes stated in division (B)(1) of this section for which the	43211
moneys collected under that division may be expended, the moneys	43212
additionally may be expended to pay debt charges on and financing	43213
costs related to any general obligation bonds issued pursuant to	43214
this division as they become due. General obligation bonds issued	43215
pursuant to this division are Chapter 133. securities.	43216

Sec. 2152.72. (A) This section applies only to a child who	43217
is or previously has been adjudicated a delinquent child for an	43218
act to which any of the following applies:	43219

(1) The act is a violation of section 2903.01, 2903.02,	43220
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or	43221
2907.05 of the Revised Code.	43222

(2) The act is a violation of section 2923.01 of the Revised	43223
Code and involved an attempt to commit aggravated murder or	43224
murder.	43225

(3) The act would be a felony if committed by an adult, and	43226
the court determined that the child, if an adult, would be guilty	43227
of a specification found in section 2941.141, 2941.144, or	43228
2941.145 of the Revised Code or in another section of the Revised	43229
Code that relates to the possession or use of a firearm during the	43230
commission of the act for which the child was adjudicated a	43231
delinquent child.	43232

(4) The act would be an offense of violence that is a felony	43233
if committed by an adult, and the court determined that the child,	43234
if an adult, would be guilty of a specification found in section	43235
2941.1411 of the Revised Code or in another section of the Revised	43236
Code that relates to the wearing or carrying of body armor during	43237
the commission of the act for which the child was adjudicated a	43238
delinquent child.	43239

(B)(1) Except as provided in division (E) of this section, a	43240
public children services agency, private child placing agency,	43241
private noncustodial agency, or court, the department of youth	43242
services, or another private or government entity shall not place	43243
a child in a certified foster home or for adoption until it	43244
provides the foster caregivers or prospective adoptive parents	43245
with all of the following:	43246

(a) A written report describing the child's social history;

43247

(b) A written report describing all the acts committed by the	43248
child the entity knows of that resulted in the child being	43249
adjudicated a delinquent child and the disposition made by the	43250
court, unless the records pertaining to the acts have been sealed	43251
pursuant to section 2151.356 of the Revised Code;	43252

(c) A written report describing any other violent act	43253
committed by the child of which the entity is aware;	43254

(d) The substantial and material conclusions and	43255
recommendations of any psychiatric or psychological examination	43256
conducted on the child or, if no psychological or psychiatric	43257
examination of the child is available, the substantial and	43258
material conclusions and recommendations of an examination to	43259
detect mental and emotional disorders conducted in compliance with	43260
the requirements of Chapter 4757. of the Revised Code by an	43261
independent social worker, social worker, professional clinical	43262
counselor, or professional counselor licensed under that chapter.	43263
The entity shall not provide any part of a psychological,	43264
psychiatric, or mental and emotional disorder examination to the	43265
foster caregivers or prospective adoptive parents other than the	43266
substantial and material conclusions.	43267

(2) Notwithstanding sections 2151.356 to 2151.358 of the	43268
Revised Code, if records of an adjudication that a child is a	43269
delinquent child have been sealed pursuant to those sections and	43270
an entity knows the records have been sealed, the entity shall	43271
provide the foster caregivers or prospective adoptive parents a	43272
written statement that the records of a prior adjudication have	43273
been sealed.	43274

(C)(1) The entity that places the child in a certified foster	43275
home or for adoption shall conduct a psychological examination of	43276
the child unless either of the following applies:	43277

(a) An entity is not required to conduct the examination if	43278
an examination was conducted no more than one year prior to the	43279
child's placement, and division (C)(1)(b) of this section does not	43280
apply.	43281

(b) An entity is not required to conduct the examination if a	43282
foster caregiver seeks to adopt the foster caregiver's foster	43283
child, and an examination was conducted no more than two years	43284
prior to the date the foster caregiver seeks to adopt the child.	43285

(2) No later than sixty days after placing the child, the	43286
entity shall provide the foster caregiver or prospective adoptive	43287
parents a written report detailing the substantial and material	43288
conclusions and recommendations of the examination conducted	43289
pursuant to this division.	43290

(D)(1) Except as provided in divisions (D)(2) and (3) of this	43291
section, the expenses of conducting the examinations and preparing	43292
the reports and assessment required by division (B) or (C) of this	43293
section shall be paid by the entity that places the child in the	43294
certified foster home or for adoption.	43295

(2) When a juvenile court grants temporary or permanent	43296
custody of a child pursuant to any section of the Revised Code,	43297
including section 2151.33, 2151.353, 2151.354, or 2152.19 of the	43298
Revised Code, to a public children services agency or private	43299
child placing agency, the court shall provide the agency the	43300
information described in division (B) of this section, pay the	43301
expenses of preparing that information, and, if a new examination	43302
is required to be conducted, pay the expenses of conducting the	43303
examination described in division (C) of this section. On receipt	43304
of the information described in division (B) of this section, the	43305
agency shall provide to the court written acknowledgment that the	43306
agency received the information. The court shall keep the	43307
acknowledgment and provide a copy to the agency. On the motion of	43308
the agency, the court may terminate the order granting temporary	43309
or permanent custody of the child to that agency, if the court	43310
does not provide the information described in division (B) of this	43311
section.	43312

(3) If one of the following entities is placing a child in a	43313
certified foster home or for adoption with the assistance of or by	43314
contracting with a public children services agency, private child	43315
placing agency, or a private noncustodial agency, the entity shall	43316
provide the agency with the information described in division (B)	43317
of this section, pay the expenses of preparing that information,	43318
and, if a new examination is required to be conducted, pay the	43319
expenses of conducting the examination described in division (C)	43320
of this section:	43321

(a) The department of youth services if the placement is	43322
pursuant to any section of the Revised Code including section	43323
2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised	43324
Code;	43325

(b) A juvenile court with temporary or permanent custody of a	43326
child pursuant to section 2151.354 or 2152.19 of the Revised Code;	43327

(c) A public children services agency or private child	43328
placing agency with temporary or permanent custody of the child.	43329

The agency receiving the information described in division	43330
(B) of this section shall provide the entity described in division	43331
(D)(3)(a) to (c) of this section that sent the information written	43332
acknowledgment that the agency received the information and	43333
provided it to the foster caregivers or prospective adoptive	43334
parents. The entity shall keep the acknowledgment and provide a	43335
copy to the agency. An entity that places a child in a certified	43336
foster home or for adoption with the assistance of or by	43337
contracting with an agency remains responsible to provide the	43338
information described in division (B) of this section to the	43339
foster caregivers or prospective adoptive parents unless the	43340
entity receives written acknowledgment that the agency provided	43341
the information.	43342

(E) If a child is placed in a certified foster home as a	43343
result of an emergency removal of the child from home pursuant to	43344
division (D) of section 2151.31 of the Revised Code, an emergency	43345
change in the child's case plan pursuant to division ~~(E)~~(F)(3) of	43346
section 2151.412 of the Revised Code, or an emergency placement by	43347
the department of youth services pursuant to this chapter or	43348
Chapter 5139. of the Revised Code, the entity that places the	43349
child in the certified foster home shall provide the information	43350
described in division (B) of this section no later than ninety-six	43351
hours after the child is placed in the certified foster home.	43352

(F) On receipt of the information described in divisions (B)	43353
and (C) of this section, the foster caregiver or prospective	43354
adoptive parents shall provide to the entity that places the child	43355
in the foster caregiver's or prospective adoptive parents' home a	43356
written acknowledgment that the foster caregiver or prospective	43357
adoptive parents received the information. The entity shall keep	43358
the acknowledgment and provide a copy to the foster caregiver or	43359
prospective adoptive parents.	43360

(G) No person employed by an entity subject to this section	43361
and made responsible by that entity for the child's placement in a	43362
certified foster home or for adoption shall fail to provide the	43363
foster caregivers or prospective adoptive parents with the	43364
information required by divisions (B) and (C) of this section.	43365

(H) It is not a violation of any duty of confidentiality	43366
provided for in the Revised Code or a code of professional	43367
responsibility for a person or government entity to provide the	43368
substantial and material conclusions and recommendations of a	43369
psychiatric or psychological examination, or an examination to	43370
detect mental and emotional disorders, in accordance with division	43371
(B)(1)(d) or (C) of this section.	43372

(I) As used in this section:

43373

(1) "Body armor" has the same meaning as in section 2941.1411	43374
of the Revised Code.	43375

(2) "Firearm" has the same meaning as in section 2923.11 of	43376
the Revised Code.	43377

Sec. 2301.01. There shall be a court of common pleas in each	43378
county held by one or more judges, each of whom has been admitted	43379
to practice as an attorney at law in this state and has, for a	43380
total of at least six years preceding the judge's appointment or	43381
commencement of the judge's term, engaged in the practice of law	43382
~~in this state~~ or served as a judge of a court of record in any	43383
jurisdiction in the United States, or both, resides in ~~said~~the	43384
county, and is elected by the electors therein. At least two of	43385
the years of practice or service that qualify a judge shall have	43386
been in this state. Each judge shall be elected for six years at	43387
the general election immediately preceding the year in which the	43388
term, as provided in sections 2301.02 and 2301.03 of the Revised	43389
Code, commences, and the judge's successor shall be elected at the	43390
general election immediately preceding the expiration of ~~such~~that	43391
term.	43392

Sec. 2301.031. (A)(1) The domestic relations judges of a	43393
domestic relations division created by section 2301.03 of the	43394
Revised Code may determine that, for the efficient operation of	43395
their division, additional funds are required to computerize the	43396
division, to make available computerized legal research services,	43397
or both. Upon making a determination that additional funds are	43398
required for either or both of those purposes, the judges shall do	43399
one of the following:	43400

(a) Authorize and direct the clerk or a deputy clerk of the	43401
division to charge one additional fee not to exceed three dollars	43402
on the filing of each cause of action or appeal under division	43403
(A), (Q), or (U) of section 2303.20 of the Revised Code;	43404

(b) If the clerk of the court of common pleas serves as the	43405
clerk of the division, authorize and direct the clerk of the court	43406
of common pleas to charge one additional fee not to exceed three	43407
dollars on the filing of each cause of action or appeal under	43408
division (A), (Q), or (U) of section 2303.20 of the Revised Code.	43409

(2) All moneys collected under division (A)(1) of this	43410
section shall be paid to the county treasurer. The treasurer shall	43411
place the moneys from the fees in a separate fund to be disbursed,	43412
upon an order of the domestic relations judges, subject to an	43413
appropriation by the board of county commissioners, in an amount	43414
no greater than the actual cost to the division of procuring and	43415
maintaining computerization of the court, computerized legal	43416
research services, or both.	43417

(3) If the court determines that the funds in the fund	43418
described in division (A)(2) of this section are more than	43419
sufficient to satisfy the purpose for which the additional fee	43420
described in division (A)(1) of this section was imposed, the	43421
court may declare a surplus in the fund and, subject to an	43422
appropriation by the board of county commissioners, expend those	43423
surplus funds for other appropriate technological expenses of the	43424
court.	43425

(B)(1) If the clerk of the court of common pleas is not	43426
serving as the clerk of a juvenile or domestic relations division	43427
created by section 2301.03 of the Revised Code, the juvenile or	43428
domestic relations judges may determine that, for the efficient	43429
operation of their division, additional funds are required to	43430
computerize the office of the clerk of their division and, upon	43431
that determination, may authorize and direct the clerk or a deputy	43432
clerk of their division to charge an additional fee, not to exceed	43433
ten dollars, on the filing of each cause of action or appeal, on	43434
the filing, docketing, and endorsing of each certificate of	43435
judgment, or on the docketing and indexing of each aid in	43436
execution or petition to vacate, revive, or modify a judgment	43437
under divisions (A), (P), (Q), (T), and (U) of section 2303.20 of	43438
the Revised Code. Subject to division (B)(2) of this section, all	43439
moneys collected under this division shall be paid to the county	43440
treasurer to be disbursed, upon an order of the juvenile or	43441
domestic relations judges and subject to appropriation by the	43442
board of county commissioners, in an amount no greater than the	43443
actual cost to the juvenile or domestic relations division of	43444
procuring and maintaining computer systems for the clerk's office.	43445

(2) If juvenile or domestic relations judges make the	43446
determination described in division (B)(1) of this section, the	43447
board of county commissioners may issue one or more general	43448
obligation bonds for the purpose of procuring and maintaining the	43449
computer systems for the office of the clerk of the juvenile or	43450
domestic relations division. In addition to the purposes stated in	43451
division (B)(1) of this section for which the moneys collected	43452
under that division may be expended, the moneys additionally may	43453
be expended to pay debt charges on and financing costs related to	43454
any general obligation bonds issued pursuant to this division as	43455
they become due. General obligation bonds issued pursuant to this	43456
division are Chapter 133. securities.	43457

Sec. 2303.201. (A)(1) The court of common pleas of any	43458
county may determine that for the efficient operation of the court	43459
additional funds are required to computerize the court, to make	43460
available computerized legal research services, or to do both.	43461
Upon making a determination that additional funds are required for	43462
either or both of those purposes, the court shall authorize and	43463
direct the clerk of the court of common pleas to charge one	43464
additional fee, not to exceed three dollars, on the filing of each	43465
cause of action or appeal under divisions (A), (Q), and (U) of	43466
section 2303.20 of the Revised Code.	43467

(2) All fees collected under division (A)(1) of this section	43468
shall be paid to the county treasurer. The treasurer shall place	43469
the funds from the fees in a separate fund to be disbursed, upon	43470
an order of the court, subject to an appropriation by the board of	43471
county commissioners, in an amount not greater than the actual	43472
cost to the court of procuring and maintaining computerization of	43473
the court, computerized legal research services, or both.	43474

(3) If the court determines that the funds in the fund	43475
described in division (A)(2) of this section are more than	43476
sufficient to satisfy the purpose for which the additional fee	43477
described in division (A)(1) of this section was imposed, the	43478
court may declare a surplus in the fund and, subject to an	43479
appropriation by the board of county commissioners, expend those	43480
surplus funds for other appropriate technological expenses of the	43481
court.	43482

(B)(1) The court of common pleas of any county may determine	43483
that, for the efficient operation of the court, additional funds	43484
are required to computerize the office of the clerk of the court	43485
of common pleas and, upon that determination, authorize and direct	43486
the clerk of the court of common pleas to charge an additional	43487
fee, not to exceed ten dollars, on the filing of each cause of	43488
action or appeal, on the filing, docketing, and endorsing of each	43489
certificate of judgment, or on the docketing and indexing of each	43490
aid in execution or petition to vacate, revive, or modify a	43491
judgment under divisions (A), (P), (Q), (T), and (U) of section	43492
2303.20 of the Revised Code. Subject to division (B)(2) of this	43493
section, all moneys collected under division (B)(1) of this	43494
section shall be paid to the county treasurer to be disbursed,	43495
upon an order of the court of common pleas and subject to	43496
appropriation by the board of county commissioners, in an amount	43497
no greater than the actual cost to the court of procuring and	43498
maintaining computer systems for the office of the clerk of the	43499
court of common pleas.	43500

(2) If the court of common pleas of a county makes the	43501
determination described in division (B)(1) of this section, the	43502
board of county commissioners of that county may issue one or more	43503
general obligation bonds for the purpose of procuring and	43504
maintaining the computer systems for the office of the clerk of	43505
the court of common pleas. In addition to the purposes stated in	43506
division (B)(1) of this section for which the moneys collected	43507
under that division may be expended, the moneys additionally may	43508
be expended to pay debt charges on and financing costs related to	43509
any general obligation bonds issued pursuant to division (B)(2) of	43510
this section as they become due. General obligation bonds issued	43511
pursuant to division (B)(2) of this section are Chapter 133.	43512
securities.	43513

(C) The court of common pleas shall collect the sum of	43514
twenty-six dollars as additional filing fees in each new civil	43515
action or proceeding for the charitable public purpose of	43516
providing financial assistance to legal aid societies that operate	43517
within the state and to support the office of the state public	43518
defender. This division does not apply to proceedings concerning	43519
annulments, dissolutions of marriage, divorces, legal separation,	43520
spousal support, marital property or separate property	43521
distribution, support, or other domestic relations matters; to a	43522
juvenile division of a court of common pleas; to a probate	43523
division of a court of common pleas, except that the additional	43524
filing fees shall apply to name change, guardianship, adoption,	43525
and decedents' estate proceedings; or to an execution on a	43526
judgment, proceeding in aid of execution, or other post-judgment	43527
proceeding arising out of a civil action. The filing fees required	43528
to be collected under this division shall be in addition to any	43529
other filing fees imposed in the action or proceeding and shall be	43530
collected at the time of the filing of the action or proceeding.	43531
The court shall not waive the payment of the additional filing	43532
fees in a new civil action or proceeding unless the court waives	43533
the advanced payment of all filing fees in the action or	43534
proceeding. All such moneys collected during a month except for an	43535
amount equal to up to one per cent of those moneys retained to	43536
cover administrative costs shall be transmitted on or before the	43537
twentieth day of the following month by the clerk of the court to	43538
the treasurer of state in a manner prescribed by the treasurer of	43539
state or by the Ohio legal assistance foundation. The treasurer of	43540
state shall deposit four per cent of the funds collected under	43541
this division to the credit of the civil case filing fee fund	43542
established under section 120.07 of the Revised Code and	43543
ninety-six per cent of the funds collected under this division to	43544
the credit of the legal aid fund established under section 120.52	43545
of the Revised Code.	43546

The court may retain up to one per cent of the moneys it	43547
collects under this division to cover administrative costs,	43548
including the hiring of any additional personnel necessary to	43549
implement this division. If the court fails to transmit to the	43550
treasurer of state the moneys the court collects under this	43551
division in a manner prescribed by the treasurer of state or by	43552
the Ohio legal assistance foundation, the court shall forfeit the	43553
moneys the court retains under this division to cover	43554
administrative costs, including the hiring of any additional	43555
personnel necessary to implement this division, and shall transmit	43556
to the treasurer of state all moneys collected under this	43557
division, including the forfeited amount retained for	43558
administrative costs, for deposit in the legal aid fund.	43559

(D) On and after the thirtieth day after December 9, 1994,	43560
the court of common pleas shall collect the sum of thirty-two	43561
dollars as additional filing fees in each new action or proceeding	43562
for annulment, divorce, or dissolution of marriage for the purpose	43563
of funding shelters for victims of domestic violence pursuant to	43564
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	43565
required to be collected under this division shall be in addition	43566
to any other filing fees imposed in the action or proceeding and	43567
shall be collected at the time of the filing of the action or	43568
proceeding. The court shall not waive the payment of the	43569
additional filing fees in a new action or proceeding for	43570
annulment, divorce, or dissolution of marriage unless the court	43571
waives the advanced payment of all filing fees in the action or	43572
proceeding. On or before the twentieth day of each month, all	43573
moneys collected during the immediately preceding month pursuant	43574
to this division shall be deposited by the clerk of the court into	43575
the county treasury in the special fund used for deposit of	43576
additional marriage license fees as described in section 3113.34	43577
of the Revised Code. Upon their deposit into the fund, the moneys	43578
shall be retained in the fund and expended only as described in	43579
section 3113.34 of the Revised Code.	43580

(E)(1) The court of common pleas may determine that, for the	43581
efficient operation of the court, additional funds are necessary	43582
to acquire and pay for special projects of the court, including,	43583
but not limited to, the acquisition of additional facilities or	43584
the rehabilitation of existing facilities, the acquisition of	43585
equipment, the hiring and training of staff, community service	43586
programs, mediation or dispute resolution services, the employment	43587
of magistrates, the training and education of judges, acting	43588
judges, and magistrates, and other related services. Upon that	43589
determination, the court by rule may charge a fee, in addition to	43590
all other court costs, on the filing of each criminal cause, civil	43591
action or proceeding, or judgment by confession.	43592

If the court of common pleas offers a special program or	43593
service in cases of a specific type, the court by rule may assess	43594
an additional charge in a case of that type, over and above court	43595
costs, to cover the special program or service. The court shall	43596
adjust the special assessment periodically, but not retroactively,	43597
so that the amount assessed in those cases does not exceed the	43598
actual cost of providing the service or program.	43599

All moneys collected under division (E) of this section shall	43600
be paid to the county treasurer for deposit into either a general	43601
special projects fund or a fund established for a specific special	43602
project. Moneys from a fund of that nature shall be disbursed upon	43603
an order of the court, subject to an appropriation by the board of	43604
county commissioners, in an amount no greater than the actual cost	43605
to the court of a project. If a specific fund is terminated	43606
because of the discontinuance of a program or service established	43607
under division (E) of this section, the court may order, subject	43608
to an appropriation by the board of county commissioners, that	43609
moneys remaining in the fund be transferred to an account	43610
established under this division for a similar purpose.	43611

(2) As used in division (E) of this section:

43612

(a) "Criminal cause" means a charge alleging the violation of	43613
a statute or ordinance, or subsection of a statute or ordinance,	43614
that requires a separate finding of fact or a separate plea before	43615
disposition and of which the defendant may be found guilty,	43616
whether filed as part of a multiple charge on a single summons,	43617
citation, or complaint or as a separate charge on a single	43618
summons, citation, or complaint. "Criminal cause" does not include	43619
separate violations of the same statute or ordinance, or	43620
subsection of the same statute or ordinance, unless each charge is	43621
filed on a separate summons, citation, or complaint.	43622

(b) "Civil action or proceeding" means any civil litigation	43623
that must be determined by judgment entry.	43624

Sec. 2305.01. Except as otherwise provided by this section	43625
or section 2305.03 of the Revised Code, the court of common pleas	43626
has original jurisdiction in all civil cases in which the sum or	43627
matter in dispute exceeds the exclusive original jurisdiction of	43628
county courts and appellate jurisdiction from the decisions of	43629
boards of county commissioners. The court of common pleas shall	43630
not have jurisdiction, in any tort action to which the amounts	43631
apply, to award punitive or exemplary damages that exceed the	43632
amounts set forth in section 2315.21 of the Revised Code. The	43633
court of common pleas shall not have jurisdiction in any tort	43634
action to which the limits apply to enter judgment on an award of	43635
compensatory damages for noneconomic loss in excess of the limits	43636
set forth in section 2315.18 of the Revised Code.	43637

The court of common pleas may on its own motion transfer for	43638
trial any action in the court to any municipal court in the county	43639
having concurrent jurisdiction of the subject matter of, and the	43640
parties to, the action, if the amount sought by the plaintiff does	43641
not exceed one thousand dollars and if the judge or presiding	43642
judge of the municipal court concurs in the proposed transfer.	43643
Upon the issuance of an order of transfer, the clerk of courts	43644
shall remove to the designated municipal court the entire case	43645
file. Any untaxed portion of the common pleas deposit for court	43646
costs shall be remitted to the municipal court by the clerk of	43647
courts to be applied in accordance with section 1901.26 of the	43648
Revised Code, and the costs taxed by the municipal court shall be	43649
added to any costs taxed in the common pleas court.	43650

The court of common pleas has jurisdiction in any action	43651
brought pursuant to division (I) of section ~~3733.11~~4781.40 of the	43652
Revised Code if the residential premises that are the subject of	43653
the action are located within the territorial jurisdiction of the	43654
court.	43655

The courts of common pleas of Adams, Athens, Belmont, Brown,	43656
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence,	43657
Meigs, Monroe, Scioto, and Washington counties have jurisdiction	43658
beyond the north or northwest shore of the Ohio river extending to	43659
the opposite shore line, between the extended boundary lines of	43660
any adjacent counties or adjacent state. Each of those courts of	43661
common pleas has concurrent jurisdiction on the Ohio river with	43662
any adjacent court of common pleas that borders on that river and	43663
with any court of Kentucky or of West Virginia that borders on the	43664
Ohio river and that has jurisdiction on the Ohio river under the	43665
law of Kentucky or the law of West Virginia, whichever is	43666
applicable, or under federal law.	43667

Sec. 2305.232. (A) No person who gives aid or advice in an	43668
emergency situation relating to the prevention of an imminent	43669
release of hazardous material, to the clean-up or disposal of	43670
hazardous material that has been released, or to the related	43671
mitigation of the effects of a release of hazardous material, nor	43672
the public or private employer of such a person, is liable in	43673
civil damages as a result of the aid or advice if all of the	43674
following apply:	43675

(1) The aid or advice was given at the request of:

43676

(a) A sheriff, the chief of police or other chief officer of	43677
the law enforcement agency of a municipal corporation, the chief	43678
of police of a township police district or joint police district,	43679
the chief of a fire department, the state fire marshal, the	43680
director of environmental protection, the chairperson of the	43681
public utilities commission, the superintendent of the state	43682
highway patrol, the executive director of the emergency management	43683
agency, the chief executive of a municipal corporation, or the	43684
authorized representative of any such official, or the legislative	43685
authority of a township or county; or	43686

(b) The owner or manufacturer of the hazardous material, an	43687
association of manufacturers of the hazardous material, or a	43688
hazardous material mutual aid group.	43689

(2) The person giving the aid or advice acted without	43690
anticipating remuneration for self or the person's employer from	43691
the governmental official, authority, or agency that requested the	43692
aid or advice;	43693

(3) The person giving the aid or advice was specially	43694
qualified by training or experience to give the aid or advice;	43695

(4) Neither the person giving the aid or advice nor the	43696
public or private employer of the person giving the aid or advice	43697
was responsible for causing the release or threat of release nor	43698
would otherwise be liable for damages caused by the release;	43699

(5) The person giving the aid or advice did not engage in	43700
willful, wanton, or reckless misconduct or grossly negligent	43701
conduct in giving the aid or advice;	43702

(6) The person giving the aid or advice notified the	43703
emergency response section of the environmental protection agency	43704
prior to giving the aid or advice.	43705

(B) The immunity conferred by this section does not limit the	43706
liability of any person whose action caused or contributed to the	43707
release of hazardous material. That person is liable for any	43708
enhancement of damages caused by the person giving aid or advice	43709
under this section unless the enhancement of damages was caused by	43710
the willful, wanton, or reckless misconduct or grossly negligent	43711
conduct of the person giving aid or advice.	43712

(C) This section does not apply to any person rendering care,	43713
assistance, or advice in response to a discharge of oil when that	43714
person's immunity from liability is subject to determination under	43715
section 2305.39 of the Revised Code.	43716

(D) As used in this section:

43717

(1) "Hazardous material" means any material designated as	43718
such under the "Hazardous Materials Transportation Act," 88 Stat.	43719
2156 (1975), 49 U.S.C.A. 1803, as amended.	43720

(2) "Mutual aid group" means any group formed at the federal,	43721
state, regional, or local level whose members agree to respond to	43722
incidents involving hazardous material whether or not they	43723
shipped, transported, manufactured, or were at all connected with	43724
the hazardous material involved in a particular incident.	43725

(3) "Discharge" and "oil" have the same meanings as in	43726
section 2305.39 of the Revised Code.	43727

Sec. 2317.02. The following persons shall not testify in	43728
certain respects:	43729

(A)(1) An attorney, concerning a communication made to the	43730
attorney by a client in that relation or the attorney's advice to	43731
a client, except that the attorney may testify by express consent	43732
of the client or, if the client is deceased, by the express	43733
consent of the surviving spouse or the executor or administrator	43734
of the estate of the deceased client. However, if the client	43735
voluntarily testifies or is deemed by section 2151.421 of the	43736
Revised Code to have waived any testimonial privilege under this	43737
division, the attorney may be compelled to testify on the same	43738
subject.	43739

The testimonial privilege established under this division	43740
does not apply concerning a communication between a client who has	43741
since died and the deceased client's attorney if the communication	43742
is relevant to a dispute between parties who claim through that	43743
deceased client, regardless of whether the claims are by testate	43744
or intestate succession or by inter vivos transaction, and the	43745
dispute addresses the competency of the deceased client when the	43746
deceased client executed a document that is the basis of the	43747
dispute or whether the deceased client was a victim of fraud,	43748
undue influence, or duress when the deceased client executed a	43749
document that is the basis of the dispute.	43750

(2) An attorney, concerning a communication made to the	43751
attorney by a client in that relationship or the attorney's advice	43752
to a client, except that if the client is an insurance company,	43753
the attorney may be compelled to testify, subject to an in camera	43754
inspection by a court, about communications made by the client to	43755
the attorney or by the attorney to the client that are related to	43756
the attorney's aiding or furthering an ongoing or future	43757
commission of bad faith by the client, if the party seeking	43758
disclosure of the communications has made a prima facie showing of	43759
bad faith, fraud, or criminal misconduct by the client.	43760

(B)(1) A physician or a dentist concerning a communication	43761
made to the physician or dentist by a patient in that relation or	43762
the physician's or dentist's advice to a patient, except as	43763
otherwise provided in this division, division (B)(2), and division	43764
(B)(3) of this section, and except that, if the patient is deemed	43765
by section 2151.421 of the Revised Code to have waived any	43766
testimonial privilege under this division, the physician may be	43767
compelled to testify on the same subject.	43768

The testimonial privilege established under this division	43769
does not apply, and a physician or dentist may testify or may be	43770
compelled to testify, in any of the following circumstances:	43771

(a) In any civil action, in accordance with the discovery	43772
provisions of the Rules of Civil Procedure in connection with a	43773
civil action, or in connection with a claim under Chapter 4123. of	43774
the Revised Code, under any of the following circumstances:	43775

(i) If the patient or the guardian or other legal	43776
representative of the patient gives express consent;	43777

(ii) If the patient is deceased, the spouse of the patient or	43778
the executor or administrator of the patient's estate gives	43779
express consent;	43780

(iii) If a medical claim, dental claim, chiropractic claim,	43781
or optometric claim, as defined in section 2305.113 of the Revised	43782
Code, an action for wrongful death, any other type of civil	43783
action, or a claim under Chapter 4123. of the Revised Code is	43784
filed by the patient, the personal representative of the estate of	43785
the patient if deceased, or the patient's guardian or other legal	43786
representative.	43787

(b) In any civil action concerning court-ordered treatment or	43788
services received by a patient, if the court-ordered treatment or	43789
services were ordered as part of a case plan journalized under	43790
section 2151.412 of the Revised Code or the court-ordered	43791
treatment or services are necessary or relevant to dependency,	43792
neglect, or abuse or temporary or permanent custody proceedings	43793
under Chapter 2151. of the Revised Code.	43794

(c) In any criminal action concerning any test or the results	43795
of any test that determines the presence or concentration of	43796
alcohol, a drug of abuse, a combination of them, a controlled	43797
substance, or a metabolite of a controlled substance in the	43798
patient's whole blood, blood serum or plasma, breath, urine, or	43799
other bodily substance at any time relevant to the criminal	43800
offense in question.	43801

(d) In any criminal action against a physician or dentist. In	43802
such an action, the testimonial privilege established under this	43803
division does not prohibit the admission into evidence, in	43804
accordance with the Rules of Evidence, of a patient's medical or	43805
dental records or other communications between a patient and the	43806
physician or dentist that are related to the action and obtained	43807
by subpoena, search warrant, or other lawful means. A court that	43808
permits or compels a physician or dentist to testify in such an	43809
action or permits the introduction into evidence of patient	43810
records or other communications in such an action shall require	43811
that appropriate measures be taken to ensure that the	43812
confidentiality of any patient named or otherwise identified in	43813
the records is maintained. Measures to ensure confidentiality that	43814
may be taken by the court include sealing its records or deleting	43815
specific information from its records.	43816

(e)(i) If the communication was between a patient who has	43817
since died and the deceased patient's physician or dentist, the	43818
communication is relevant to a dispute between parties who claim	43819
through that deceased patient, regardless of whether the claims	43820
are by testate or intestate succession or by inter vivos	43821
transaction, and the dispute addresses the competency of the	43822
deceased patient when the deceased patient executed a document	43823
that is the basis of the dispute or whether the deceased patient	43824
was a victim of fraud, undue influence, or duress when the	43825
deceased patient executed a document that is the basis of the	43826
dispute.	43827

(ii) If neither the spouse of a patient nor the executor or	43828
administrator of that patient's estate gives consent under	43829
division (B)(1)(a)(ii) of this section, testimony or the	43830
disclosure of the patient's medical records by a physician,	43831
dentist, or other health care provider under division (B)(1)(e)(i)	43832
of this section is a permitted use or disclosure of protected	43833
health information, as defined in 45 C.F.R. 160.103, and an	43834
authorization or opportunity to be heard shall not be required.	43835

(iii) Division (B)(1)(e)(i) of this section does not require	43836
a mental health professional to disclose psychotherapy notes, as	43837
defined in 45 C.F.R. 164.501.	43838

(iv) An interested person who objects to testimony or	43839
disclosure under division (B)(1)(e)(i) of this section may seek a	43840
protective order pursuant to Civil Rule 26.	43841

(v) A person to whom protected health information is	43842
disclosed under division (B)(1)(e)(i) of this section shall not	43843
use or disclose the protected health information for any purpose	43844
other than the litigation or proceeding for which the information	43845
was requested and shall return the protected health information to	43846
the covered entity or destroy the protected health information,	43847
including all copies made, at the conclusion of the litigation or	43848
proceeding.	43849

(2)(a) If any law enforcement officer submits a written	43850
statement to a health care provider that states that an official	43851
criminal investigation has begun regarding a specified person or	43852
that a criminal action or proceeding has been commenced against a	43853
specified person, that requests the provider to supply to the	43854
officer copies of any records the provider possesses that pertain	43855
to any test or the results of any test administered to the	43856
specified person to determine the presence or concentration of	43857
alcohol, a drug of abuse, a combination of them, a controlled	43858
substance, or a metabolite of a controlled substance in the	43859
person's whole blood, blood serum or plasma, breath, or urine at	43860
any time relevant to the criminal offense in question, and that	43861
conforms to section 2317.022 of the Revised Code, the provider,	43862
except to the extent specifically prohibited by any law of this	43863
state or of the United States, shall supply to the officer a copy	43864
of any of the requested records the provider possesses. If the	43865
health care provider does not possess any of the requested	43866
records, the provider shall give the officer a written statement	43867
that indicates that the provider does not possess any of the	43868
requested records.	43869

(b) If a health care provider possesses any records of the	43870
type described in division (B)(2)(a) of this section regarding the	43871
person in question at any time relevant to the criminal offense in	43872
question, in lieu of personally testifying as to the results of	43873
the test in question, the custodian of the records may submit a	43874
certified copy of the records, and, upon its submission, the	43875
certified copy is qualified as authentic evidence and may be	43876
admitted as evidence in accordance with the Rules of Evidence.	43877
Division (A) of section 2317.422 of the Revised Code does not	43878
apply to any certified copy of records submitted in accordance	43879
with this division. Nothing in this division shall be construed to	43880
limit the right of any party to call as a witness the person who	43881
administered the test to which the records pertain, the person	43882
under whose supervision the test was administered, the custodian	43883
of the records, the person who made the records, or the person	43884
under whose supervision the records were made.	43885

(3)(a) If the testimonial privilege described in division	43886
(B)(1) of this section does not apply as provided in division	43887
(B)(1)(a)(iii) of this section, a physician or dentist may be	43888
compelled to testify or to submit to discovery under the Rules of	43889
Civil Procedure only as to a communication made to the physician	43890
or dentist by the patient in question in that relation, or the	43891
physician's or dentist's advice to the patient in question, that	43892
related causally or historically to physical or mental injuries	43893
that are relevant to issues in the medical claim, dental claim,	43894
chiropractic claim, or optometric claim, action for wrongful	43895
death, other civil action, or claim under Chapter 4123. of the	43896
Revised Code.	43897

(b) If the testimonial privilege described in division (B)(1)	43898
of this section does not apply to a physician or dentist as	43899
provided in division (B)(1)(c) of this section, the physician or	43900
dentist, in lieu of personally testifying as to the results of the	43901
test in question, may submit a certified copy of those results,	43902
and, upon its submission, the certified copy is qualified as	43903
authentic evidence and may be admitted as evidence in accordance	43904
with the Rules of Evidence. Division (A) of section 2317.422 of	43905
the Revised Code does not apply to any certified copy of results	43906
submitted in accordance with this division. Nothing in this	43907
division shall be construed to limit the right of any party to	43908
call as a witness the person who administered the test in	43909
question, the person under whose supervision the test was	43910
administered, the custodian of the results of the test, the person	43911
who compiled the results, or the person under whose supervision	43912
the results were compiled.	43913

(4) The testimonial privilege described in division (B)(1) of	43914
this section is not waived when a communication is made by a	43915
physician to a pharmacist or when there is communication between a	43916
patient and a pharmacist in furtherance of the physician-patient	43917
relation.	43918

(5)(a) As used in divisions (B)(1) to (4) of this section,	43919
"communication" means acquiring, recording, or transmitting any	43920
information, in any manner, concerning any facts, opinions, or	43921
statements necessary to enable a physician or dentist to diagnose,	43922
treat, prescribe, or act for a patient. A "communication" may	43923
include, but is not limited to, any medical or dental, office, or	43924
hospital communication such as a record, chart, letter,	43925
memorandum, laboratory test and results, x-ray, photograph,	43926
financial statement, diagnosis, or prognosis.	43927

(b) As used in division (B)(2) of this section, "health care	43928
provider" means a hospital, ambulatory care facility, long-term	43929
care facility, pharmacy, emergency facility, or health care	43930
practitioner.	43931

43932

(i) "Ambulatory care facility" means a facility that provides	43933
medical, diagnostic, or surgical treatment to patients who do not	43934
require hospitalization, including a dialysis center, ambulatory	43935
surgical facility, cardiac catheterization facility, diagnostic	43936
imaging center, extracorporeal shock wave lithotripsy center, home	43937
health agency, inpatient hospice, birthing center, radiation	43938
therapy center, emergency facility, and an urgent care center.	43939
"Ambulatory health care facility" does not include the private	43940
office of a physician or dentist, whether the office is for an	43941
individual or group practice.	43942

(ii) "Emergency facility" means a hospital emergency	43943
department or any other facility that provides emergency medical	43944
services.	43945

(iii) "Health care practitioner" has the same meaning as in	43946
section 4769.01 of the Revised Code.	43947

(iv) "Hospital" has the same meaning as in section 3727.01 of	43948
the Revised Code.	43949

(v) "Long-term care facility" means a nursing home,	43950
residential care facility, or home for the aging, as those terms	43951
are defined in section 3721.01 of the Revised Code; an adult care	43952
facility, as defined in section ~~3722.01~~5119.70 of the Revised	43953
Code; a nursing facility or intermediate care facility for the	43954
mentally retarded, as those terms are defined in section 5111.20	43955
of the Revised Code; a facility or portion of a facility certified	43956
as a skilled nursing facility under Title XVIII of the "Social	43957
Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	43958

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	43959
the Revised Code.	43960

(d) As used in divisions (B)(1) and (2) of this section,	43961
"drug of abuse" has the same meaning as in section 4506.01 of the	43962
Revised Code.	43963

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	43964
apply to doctors of medicine, doctors of osteopathic medicine,	43965
doctors of podiatry, and dentists.	43966

(7) Nothing in divisions (B)(1) to (6) of this section	43967
affects, or shall be construed as affecting, the immunity from	43968
civil liability conferred by section 307.628 of the Revised Code	43969
or the immunity from civil liability conferred by section 2305.33	43970
of the Revised Code upon physicians who report an employee's use	43971
of a drug of abuse, or a condition of an employee other than one	43972
involving the use of a drug of abuse, to the employer of the	43973
employee in accordance with division (B) of that section. As used	43974
in division (B)(7) of this section, "employee," "employer," and	43975
"physician" have the same meanings as in section 2305.33 of the	43976
Revised Code.	43977

(C)(1) A cleric, when the cleric remains accountable to the	43978
authority of that cleric's church, denomination, or sect,	43979
concerning a confession made, or any information confidentially	43980
communicated, to the cleric for a religious counseling purpose in	43981
the cleric's professional character. The cleric may testify by	43982
express consent of the person making the communication, except	43983
when the disclosure of the information is in violation of a sacred	43984
trust and except that, if the person voluntarily testifies or is	43985
deemed by division (A)(4)(c) of section 2151.421 of the Revised	43986
Code to have waived any testimonial privilege under this division,	43987
the cleric may be compelled to testify on the same subject except	43988
when disclosure of the information is in violation of a sacred	43989
trust.	43990

(2) As used in division (C) of this section:

43991

(a) "Cleric" means a member of the clergy, rabbi, priest,	43992
Christian Science practitioner, or regularly ordained, accredited,	43993
or licensed minister of an established and legally cognizable	43994
church, denomination, or sect.	43995

(b) "Sacred trust" means a confession or confidential	43996
communication made to a cleric in the cleric's ecclesiastical	43997
capacity in the course of discipline enjoined by the church to	43998
which the cleric belongs, including, but not limited to, the	43999
Catholic Church, if both of the following apply:	44000

(i) The confession or confidential communication was made	44001
directly to the cleric.	44002

(ii) The confession or confidential communication was made in	44003
the manner and context that places the cleric specifically and	44004
strictly under a level of confidentiality that is considered	44005
inviolate by canon law or church doctrine.	44006

(D) Husband or wife, concerning any communication made by one	44007
to the other, or an act done by either in the presence of the	44008
other, during coverture, unless the communication was made, or act	44009
done, in the known presence or hearing of a third person competent	44010
to be a witness; and such rule is the same if the marital relation	44011
has ceased to exist;	44012

(E) A person who assigns a claim or interest, concerning any	44013
matter in respect to which the person would not, if a party, be	44014
permitted to testify;	44015

(F) A person who, if a party, would be restricted under	44016
section 2317.03 of the Revised Code, when the property or thing is	44017
sold or transferred by an executor, administrator, guardian,	44018
trustee, heir, devisee, or legatee, shall be restricted in the	44019
same manner in any action or proceeding concerning the property or	44020
thing.	44021

(G)(1) A school guidance counselor who holds a valid educator	44022
license from the state board of education as provided for in	44023
section 3319.22 of the Revised Code, a person licensed under	44024
Chapter 4757. of the Revised Code as a professional clinical	44025
counselor, professional counselor, social worker, independent	44026
social worker, marriage and family therapist or independent	44027
marriage and family therapist, or registered under Chapter 4757.	44028
of the Revised Code as a social work assistant concerning a	44029
confidential communication received from a client in that relation	44030
or the person's advice to a client unless any of the following	44031
applies:	44032

(a) The communication or advice indicates clear and present	44033
danger to the client or other persons. For the purposes of this	44034
division, cases in which there are indications of present or past	44035
child abuse or neglect of the client constitute a clear and	44036
present danger.	44037

(b) The client gives express consent to the testimony.

44038

(c) If the client is deceased, the surviving spouse or the	44039
executor or administrator of the estate of the deceased client	44040
gives express consent.	44041

(d) The client voluntarily testifies, in which case the	44042
school guidance counselor or person licensed or registered under	44043
Chapter 4757. of the Revised Code may be compelled to testify on	44044
the same subject.	44045

(e) The court in camera determines that the information	44046
communicated by the client is not germane to the counselor-client,	44047
marriage and family therapist-client, or social worker-client	44048
relationship.	44049

(f) A court, in an action brought against a school, its	44050
administration, or any of its personnel by the client, rules after	44051
an in-camera inspection that the testimony of the school guidance	44052
counselor is relevant to that action.	44053

(g) The testimony is sought in a civil action and concerns	44054
court-ordered treatment or services received by a patient as part	44055
of a case plan journalized under section 2151.412 of the Revised	44056
Code or the court-ordered treatment or services are necessary or	44057
relevant to dependency, neglect, or abuse or temporary or	44058
permanent custody proceedings under Chapter 2151. of the Revised	44059
Code.	44060

(2) Nothing in division (G)(1) of this section shall relieve	44061
a school guidance counselor or a person licensed or registered	44062
under Chapter 4757. of the Revised Code from the requirement to	44063
report information concerning child abuse or neglect under section	44064
2151.421 of the Revised Code.	44065

(H) A mediator acting under a mediation order issued under	44066
division (A) of section 3109.052 of the Revised Code or otherwise	44067
issued in any proceeding for divorce, dissolution, legal	44068
separation, annulment, or the allocation of parental rights and	44069
responsibilities for the care of children, in any action or	44070
proceeding, other than a criminal, delinquency, child abuse, child	44071
neglect, or dependent child action or proceeding, that is brought	44072
by or against either parent who takes part in mediation in	44073
accordance with the order and that pertains to the mediation	44074
process, to any information discussed or presented in the	44075
mediation process, to the allocation of parental rights and	44076
responsibilities for the care of the parents' children, or to the	44077
awarding of parenting time rights in relation to their children;	44078

(I) A communications assistant, acting within the scope of	44079
the communication assistant's authority, when providing	44080
telecommunications relay service pursuant to section 4931.06 of	44081
the Revised Code or Title II of the "Communications Act of 1934,"	44082
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	44083
made through a telecommunications relay service. Nothing in this	44084
section shall limit the obligation of a communications assistant	44085
to divulge information or testify when mandated by federal law or	44086
regulation or pursuant to subpoena in a criminal proceeding.	44087

Nothing in this section shall limit any immunity or privilege	44088
granted under federal law or regulation.	44089

(J)(1) A chiropractor in a civil proceeding concerning a	44090
communication made to the chiropractor by a patient in that	44091
relation or the chiropractor's advice to a patient, except as	44092
otherwise provided in this division. The testimonial privilege	44093
established under this division does not apply, and a chiropractor	44094
may testify or may be compelled to testify, in any civil action,	44095
in accordance with the discovery provisions of the Rules of Civil	44096
Procedure in connection with a civil action, or in connection with	44097
a claim under Chapter 4123. of the Revised Code, under any of the	44098
following circumstances:	44099

(a) If the patient or the guardian or other legal	44100
representative of the patient gives express consent.	44101

(b) If the patient is deceased, the spouse of the patient or	44102
the executor or administrator of the patient's estate gives	44103
express consent.	44104

(c) If a medical claim, dental claim, chiropractic claim, or	44105
optometric claim, as defined in section 2305.113 of the Revised	44106
Code, an action for wrongful death, any other type of civil	44107
action, or a claim under Chapter 4123. of the Revised Code is	44108
filed by the patient, the personal representative of the estate of	44109
the patient if deceased, or the patient's guardian or other legal	44110
representative.	44111

(2) If the testimonial privilege described in division (J)(1)	44112
of this section does not apply as provided in division (J)(1)(c)	44113
of this section, a chiropractor may be compelled to testify or to	44114
submit to discovery under the Rules of Civil Procedure only as to	44115
a communication made to the chiropractor by the patient in	44116
question in that relation, or the chiropractor's advice to the	44117
patient in question, that related causally or historically to	44118
physical or mental injuries that are relevant to issues in the	44119
medical claim, dental claim, chiropractic claim, or optometric	44120
claim, action for wrongful death, other civil action, or claim	44121
under Chapter 4123. of the Revised Code.	44122

(3) The testimonial privilege established under this division	44123
does not apply, and a chiropractor may testify or be compelled to	44124
testify, in any criminal action or administrative proceeding.	44125

(4) As used in this division, "communication" means	44126
acquiring, recording, or transmitting any information, in any	44127
manner, concerning any facts, opinions, or statements necessary to	44128
enable a chiropractor to diagnose, treat, or act for a patient. A	44129
communication may include, but is not limited to, any	44130
chiropractic, office, or hospital communication such as a record,	44131
chart, letter, memorandum, laboratory test and results, x-ray,	44132
photograph, financial statement, diagnosis, or prognosis.	44133

(K)(1) Except as provided under division (K)(2) of this	44134
section, a critical incident stress management team member	44135
concerning a communication received from an individual who	44136
receives crisis response services from the team member, or the	44137
team member's advice to the individual, during a debriefing	44138
session.	44139

(2) The testimonial privilege established under division	44140
(K)(1) of this section does not apply if any of the following are	44141
true:	44142

(a) The communication or advice indicates clear and present	44143
danger to the individual who receives crisis response services or	44144
to other persons. For purposes of this division, cases in which	44145
there are indications of present or past child abuse or neglect of	44146
the individual constitute a clear and present danger.	44147

(b) The individual who received crisis response services	44148
gives express consent to the testimony.	44149

(c) If the individual who received crisis response services	44150
is deceased, the surviving spouse or the executor or administrator	44151
of the estate of the deceased individual gives express consent.	44152

(d) The individual who received crisis response services	44153
voluntarily testifies, in which case the team member may be	44154
compelled to testify on the same subject.	44155

(e) The court in camera determines that the information	44156
communicated by the individual who received crisis response	44157
services is not germane to the relationship between the individual	44158
and the team member.	44159

(f) The communication or advice pertains or is related to any	44160
criminal act.	44161

(3) As used in division (K) of this section:

44162

(a) "Crisis response services" means consultation, risk	44163
assessment, referral, and on-site crisis intervention services	44164
provided by a critical incident stress management team to	44165
individuals affected by crisis or disaster.	44166

(b) "Critical incident stress management team member" or	44167
"team member" means an individual specially trained to provide	44168
crisis response services as a member of an organized community or	44169
local crisis response team that holds membership in the Ohio	44170
critical incident stress management network.	44171

(c) "Debriefing session" means a session at which crisis	44172
response services are rendered by a critical incident stress	44173
management team member during or after a crisis or disaster.	44174

(L)(1) Subject to division (L)(2) of this section and except	44175
as provided in division (L)(3) of this section, an employee	44176
assistance professional, concerning a communication made to the	44177
employee assistance professional by a client in the employee	44178
assistance professional's official capacity as an employee	44179
assistance professional.	44180

(2) Division (L)(1) of this section applies to an employee	44181
assistance professional who meets either or both of the following	44182
requirements:	44183

(a) Is certified by the employee assistance certification	44184
commission to engage in the employee assistance profession;	44185

(b) Has education, training, and experience in all of the	44186
following:	44187

(i) Providing workplace-based services designed to address	44188
employer and employee productivity issues;	44189

(ii) Providing assistance to employees and employees'	44190
dependents in identifying and finding the means to resolve	44191
personal problems that affect the employees or the employees'	44192
performance;	44193

(iii) Identifying and resolving productivity problems	44194
associated with an employee's concerns about any of the following	44195
matters: health, marriage, family, finances, substance abuse or	44196
other addiction, workplace, law, and emotional issues;	44197

(iv) Selecting and evaluating available community resources;

44198

(v) Making appropriate referrals;

44199

(vi) Local and national employee assistance agreements;

44200

(vii) Client confidentiality.

44201

(3) Division (L)(1) of this section does not apply to any of	44202
the following:	44203

(a) A criminal action or proceeding involving an offense	44204
under sections 2903.01 to 2903.06 of the Revised Code if the	44205
employee assistance professional's disclosure or testimony relates	44206
directly to the facts or immediate circumstances of the offense;	44207

(b) A communication made by a client to an employee	44208
assistance professional that reveals the contemplation or	44209
commission of a crime or serious, harmful act;	44210

(c) A communication that is made by a client who is an	44211
unemancipated minor or an adult adjudicated to be incompetent and	44212
indicates that the client was the victim of a crime or abuse;	44213

(d) A civil proceeding to determine an individual's mental	44214
competency or a criminal action in which a plea of not guilty by	44215
reason of insanity is entered;	44216

(e) A civil or criminal malpractice action brought against	44217
the employee assistance professional;	44218

(f) When the employee assistance professional has the express	44219
consent of the client or, if the client is deceased or disabled,	44220
the client's legal representative;	44221

(g) When the testimonial privilege otherwise provided by	44222
division (L)(1) of this section is abrogated under law.	44223

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	44224
2317.41 of the Revised Code but subject to division (B) of this	44225
section, the records, or copies or photographs of the records, of	44226
a hospital, homes required to be licensed pursuant to section	44227
3721.01 of the Revised Code, and adult care facilities required to	44228
be licensed pursuant to Chapter ~~3722.~~5119. of the Revised Code,	44229
in lieu of the testimony in open court of their custodian, person	44230
who made them, or person under whose supervision they were made,	44231
may be qualified as authentic evidence if any such person endorses	44232
thereon the person's verified certification identifying such	44233
records, giving the mode and time of their preparation, and	44234
stating that they were prepared in the usual course of the	44235
business of the institution. Such records, copies, or photographs	44236
may not be qualified by certification as provided in this section	44237
unless the party intending to offer them delivers a copy of them,	44238
or of their relevant portions, to the attorney of record for each	44239
adverse party not less than five days before trial. Nothing in	44240
this section shall be construed to limit the right of any party to	44241
call the custodian, person who made such records, or person under	44242
whose supervision they were made, as a witness.	44243

(B) Division (A) of this section does not apply to any	44244
certified copy of the results of any test given to determine the	44245
presence or concentration of alcohol, a drug of abuse, a	44246
combination of them, a controlled substance, or a metabolite of a	44247
controlled substance in a patient's whole blood, blood serum or	44248
plasma, breath, or urine at any time relevant to a criminal	44249
offense that is submitted in a criminal action or proceeding in	44250
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	44251
of the Revised Code.	44252

Sec. 2329.26. (A) Lands and tenements taken in execution	44253
shall not be sold until all of the following occur:	44254

(1)(a) Except as otherwise provided in division (A)(1)(b) of	44255
this section, the judgment creditor who seeks the sale of the	44256
lands and tenements or the judgment creditor's attorney does both	44257
of the following:	44258

(i) Causes a written notice of the date, time, and place of	44259
the sale to be served in accordance with divisions (A) and (B) of	44260
Civil Rule 5 upon the judgment debtor and upon each other party to	44261
the action in which the judgment giving rise to the execution was	44262
rendered;	44263

(ii) At least seven calendar days prior to the date of the	44264
sale, files with the clerk of the court that rendered the judgment	44265
giving rise to the execution a copy of the written notice	44266
described in division (A)(1)(a)(i) of this section with proof of	44267
service endorsed on the copy in the form described in division (D)	44268
of Civil Rule 5.	44269

(b) Service of the written notice described in division	44270
(A)(1)(a)(i) of this section is not required to be made upon any	44271
party who is in default for failure to appear in the action in	44272
which the judgment giving rise to the execution was rendered.	44273

(2) The officer taking the lands and tenements gives public	44274
notice of the date, time, and place of the sale once a week for at	44275
least three consecutive weeks before the day of sale by	44276
advertisement in a newspaper ~~published in and~~ of general	44277
circulation in the county. The newspaper shall meet the	44278
requirements of section 7.12 of the Revised Code. The court	44279
ordering the sale may designate in the order of sale the newspaper	44280
in which this public notice shall be published~~, and this public~~	44281
~~notice is subject to division (A) of section 2329.27 of the~~	44282
~~Revised Code~~.	44283

(3) The officer taking the lands and tenements shall collect	44284
the purchaser's information required by section 2329.271 of the	44285
Revised Code.	44286

(B) A sale of lands and tenements taken in execution may be	44287
set aside in accordance with division (A) or (B) of section	44288
2329.27 of the Revised Code.	44289

Sec. 2335.05. In all cases or proceedings not specified in	44290
sections 2335.06 and 2335.08 of the Revised Code, except as	44291
otherwise provided in section 2335.061 of the Revised Code, each	44292
person subpoenaed as a witness shall be allowed one dollar for	44293
each day's attendance and the mileage allowed in courts of record.	44294
~~When~~If not subpoenaed each person called upon to testify in a	44295
case or proceeding shall receive twenty-five cents. Such fee shall	44296
be taxed in the bill of costs, and if incurred in a state or	44297
ordinance case, or in a proceeding before a public officer, board,	44298
or commission, the fee shall be paid out of the proper public	44299
treasury, upon the certificate of the court, officer, board, or	44300
commission conducting the proceeding.	44301

Sec. 2335.06. ~~Each~~(A) Except as otherwise provided in	44302
section 2335.061 of the Revised Code, each witness in civil cases	44303
shall receive the following fees:	44304

~~(A)~~(1) Twelve dollars for each full day's attendance and six	44305
dollars for each half day's attendance at a court of record,	44306
mayor's court, or before a person authorized to take depositions,	44307
to be taxed in the bill of costs. Each witness shall also receive	44308
reimbursement for each mile necessarily traveled to and from the	44309
witness's place of residence to the place of giving testimony, to	44310
be taxed in the bill of costs. The board of county commissioners	44311
of each county shall set the reimbursement rate for each mile	44312
necessarily traveled by a witness in a civil case in the common	44313
pleas court, any division of the common pleas court, a county	44314
court, or a county-operated municipal court. The rate shall not	44315
exceed fifty and one-half cents for each mile.	44316

~~(B)~~(2) For attending a coroner's inquest, the same fees and	44317
mileage provided by division (A)(1) of this section, payable from	44318
the county treasury on the certificate of the coroner.	44319

~~(C)~~(B) As used in this section, "full day's attendance" means	44320
a day on which a witness is required or requested to be present at	44321
proceedings before and after twelve noon regardless of whether the	44322
witness actually testifies; "half day's attendance" means a day on	44323
which a witness is required or requested to be present at	44324
proceedings either before or after twelve noon, but not both,	44325
regardless of whether the witness actually testifies.	44326

Sec. 2335.061. (A) As used in this section:

44327

(1) "Coroner" has the same meaning as in section 313.01 of	44328
the Revised Code, and includes the following:	44329

(a) The coroner of a county other than a county in which the	44330
death occurred or the dead human body was found if the coroner of	44331
that other county performed services for the county in which the	44332
death occurred or the dead human body was found;	44333

(b) A medical examiner appointed by the governing authority	44334
of a county to perform the duties of a coroner set forth in	44335
Chapter 313. of the Revised Code.	44336

(2) "Deposition fee" means the amount derived by multiplying	44337
the hourly rate by the number of hours a coroner or deputy coroner	44338
spent preparing for and giving expert testimony at a deposition in	44339
a civil action pursuant to this section.	44340

(3) "Deputy coroner" means a pathologist serving as a deputy	44341
coroner.	44342

(4) "Expert testimony" means testimony given by a coroner or	44343
deputy coroner as an expert witness pursuant to this section and	44344
the Rules of Evidence.	44345

(5) "Fact testimony" means testimony given by a coroner or	44346
deputy coroner regarding the performance of the duties of the	44347
coroner as set forth in Chapter 313. of the Revised Code. "Fact	44348
testimony" does not include expert testimony.	44349

(6) "Hourly rate" means the compensation established in	44350
sections 325.15 and 325.18 of the Revised Code for a coroner	44351
without a private practice of medicine at the class 8 level for	44352
calendar year 2001 and thereafter, divided by two thousand eighty.	44353

(7) "Testimonial fee" means the amount derived by multiplying	44354
the hourly rate by six and multiplying the product by the number	44355
of hours that a coroner or deputy coroner spent preparing for and	44356
giving expert testimony at a trial or hearing in a civil action	44357
pursuant to this section.	44358

(B)(1) A party may subpoena a coroner or deputy coroner to	44359
give expert testimony at a trial, hearing, or deposition in a	44360
civil action only upon filing with the court a notice that	44361
includes all of the following:	44362

(a) The name of the coroner or deputy coroner whose testimony	44363
is sought;	44364

(b) A brief statement of the issues upon which the party	44365
seeks expert testimony from the coroner or deputy coroner;	44366

(c) An acknowledgment by the party that the giving of expert	44367
testimony by the coroner or deputy coroner at the trial, hearing,	44368
or deposition is governed by this section and that the party will	44369
comply with all of the requirements of this section;	44370

(d) A statement of the obligations of the coroner or deputy	44371
coroner under division (C) of this section.	44372

(2) The notice under division (B)(1) of this section shall be	44373
served together with the subpoena.	44374

(C) A party that obtains the expert testimony of a coroner or	44375
deputy coroner at a trial, hearing, or deposition in a civil	44376
action pursuant to division (B) or (D) of this section shall pay	44377
to the treasury of the county in which the coroner or deputy	44378
coroner holds office or is appointed or employed a testimonial fee	44379
or deposition fee, whichever is applicable, within thirty days	44380
after receiving the statement described in this division. Upon the	44381
conclusion of the coroner's or deputy coroner's expert testimony,	44382
the coroner or deputy coroner shall file a statement with the	44383
court on behalf of the county in which the coroner or deputy	44384
coroner holds office or is appointed or employed showing the fee	44385
due and how the coroner or deputy coroner calculated the fee. The	44386
coroner or deputy coroner shall serve a copy of the statement on	44387
each of the parties.	44388

(D) For good cause shown, the court may permit a coroner or	44389
deputy coroner who has not been served with a subpoena under	44390
division (B) of this section to give expert testimony at a trial,	44391
hearing, or deposition in a civil action. Unless good cause is	44392
shown, the failure of a party to file with the court the notice	44393
described in division (B)(1) of this section prohibits the party	44394
from having a coroner or deputy coroner subpoenaed to give expert	44395
testimony at a trial, hearing, or deposition in a civil action or	44396
from otherwise calling the coroner or a deputy coroner to give	44397
expert testimony at a trial, hearing, or deposition in a civil	44398
action.	44399

(E) In the event of a dispute as to the contents of the	44400
notice filed by a party under division (B) of this section or as	44401
to the nature of the testimony sought from or given by a coroner	44402
or a deputy coroner at a trial, hearing, or deposition in a civil	44403
action, the court shall determine whether the testimony sought	44404
from or given by the coroner or deputy coroner is expert testimony	44405
or fact testimony. In making this determination, the court shall	44406
consider all of the following:	44407

(1) The definitions of "expert testimony" and "fact	44408
testimony" set forth in this section;	44409

(2) All applicable rules of evidence;

44410

(3) Any other information that the court considers relevant.

44411

(F) Nothing in this section shall be construed to alter,	44412
amend, or supersede the requirements of the Rules of Civil	44413
Procedure or the Rules of Evidence.	44414

Sec. 2501.02. Each judge of a court of appeals shall have	44415
been admitted to practice as an attorney at law in this state and	44416
have, for a total of six years preceding the judge's appointment	44417
or commencement of the judge's term, engaged in the practice of	44418
law ~~in this state~~ or served as a judge of a court of record in any	44419
jurisdiction in the United States, or both. At least two of the	44420
years of practice or service that qualify a judge shall have been	44421
in this state. One judge shall be chosen in each court of appeals	44422
district every two years, and shall hold office for six years,	44423
beginning on the ninth day of February next after the judge's	44424
election.	44425

In addition to the original jurisdiction conferred by Section	44426
3 of Article IV, Ohio Constitution, the court shall have	44427
jurisdiction upon an appeal upon questions of law to review,	44428
affirm, modify, set aside, or reverse judgments or final orders of	44429
courts of record inferior to the court of appeals within the	44430
district, including the finding, order, or judgment of a juvenile	44431
court that a child is delinquent, neglected, abused, or dependent,	44432
for prejudicial error committed by such lower court.	44433

The court, on good cause shown, may issue writs of	44434
supersedeas in any case, and all other writs, not specially	44435
provided for or prohibited by statute, necessary to enforce the	44436
administration of justice.	44437

Sec. 2503.01. The supreme court shall consist of a chief	44438
justice and six justices, each of whom has been admitted to	44439
practice as an attorney at law in this state and has, for a total	44440
of at least six years preceding ~~his~~ appointment or commencement of	44441
~~his~~the justice's term, engaged in the practice of law ~~in this~~	44442
~~state~~ or served as a judge of a court of record in any	44443
jurisdiction of the United States, or both. At least two of the	44444
years of practice or service that qualify a justice shall have	44445
been in this state.	44446

Sec. 2744.05. Notwithstanding any other provisions of the	44447
Revised Code or rules of a court to the contrary, in an action	44448
against a political subdivision to recover damages for injury,	44449
death, or loss to person or property caused by an act or omission	44450
in connection with a governmental or proprietary function:	44451

(A) Punitive or exemplary damages shall not be awarded.

44452

(B)(1) If a claimant receives or is entitled to receive	44453
benefits for injuries or loss allegedly incurred from a policy or	44454
policies of insurance or any other source, the benefits shall be	44455
disclosed to the court, and the amount of the benefits shall be	44456
deducted from any award against a political subdivision recovered	44457
by that claimant. No insurer or other person is entitled to bring	44458
an action under a subrogation provision in an insurance or other	44459
contract against a political subdivision with respect to those	44460
benefits.	44461

The amount of the benefits shall be deducted from an award	44462
against a political subdivision under division (B)(1) of this	44463
section regardless of whether the claimant may be under an	44464
obligation to pay back the benefits upon recovery, in whole or in	44465
part, for the claim. A claimant whose benefits have been deducted	44466
from an award under division (B)(1) of this section is not	44467
considered fully compensated and shall not be required to	44468
reimburse a subrogated claim for benefits deducted from an award	44469
pursuant to division (B)(1) of this section.	44470

(2) Nothing in division (B)(1) of this section shall be	44471
construed to do either of the following:	44472

(a) Limit the rights of a beneficiary under a life insurance	44473
policy or the rights of sureties under fidelity or surety bonds;	44474

(b) Prohibit the department of job and family services from	44475
recovering from the political subdivision, pursuant to section	44476
5101.58 of the Revised Code, the cost of medical assistance	44477
benefits provided under ~~sections 5101.5211 to 5101.5216 or~~ Chapter	44478
5107., or 5111. of the Revised Code.	44479

(C)(1) There shall not be any limitation on compensatory	44480
damages that represent the actual loss of the person who is	44481
awarded the damages. However, except in wrongful death actions	44482
brought pursuant to Chapter 2125. of the Revised Code, damages	44483
that arise from the same cause of action, transaction or	44484
occurrence, or series of transactions or occurrences and that do	44485
not represent the actual loss of the person who is awarded the	44486
damages shall not exceed two hundred fifty thousand dollars in	44487
favor of any one person. The limitation on damages that do not	44488
represent the actual loss of the person who is awarded the damages	44489
provided in this division does not apply to court costs that are	44490
awarded to a plaintiff, or to interest on a judgment rendered in	44491
favor of a plaintiff, in an action against a political	44492
subdivision.	44493

(2) As used in this division, "the actual loss of the person	44494
who is awarded the damages" includes all of the following:	44495

(a) All wages, salaries, or other compensation lost by the	44496
person injured as a result of the injury, including wages,	44497
salaries, or other compensation lost as of the date of a judgment	44498
and future expected lost earnings of the person injured;	44499

(b) All expenditures of the person injured or another person	44500
on behalf of the person injured for medical care or treatment, for	44501
rehabilitation services, or for other care, treatment, services,	44502
products, or accommodations that were necessary because of the	44503
injury;	44504

(c) All expenditures to be incurred in the future, as	44505
determined by the court, by the person injured or another person	44506
on behalf of the person injured for medical care or treatment, for	44507
rehabilitation services, or for other care, treatment, services,	44508
products, or accommodations that will be necessary because of the	44509
injury;	44510

(d) All expenditures of a person whose property was injured	44511
or destroyed or of another person on behalf of the person whose	44512
property was injured or destroyed in order to repair or replace	44513
the property that was injured or destroyed;	44514

(e) All expenditures of the person injured or of the person	44515
whose property was injured or destroyed or of another person on	44516
behalf of the person injured or of the person whose property was	44517
injured or destroyed in relation to the actual preparation or	44518
presentation of the claim involved;	44519

(f) Any other expenditures of the person injured or of the	44520
person whose property was injured or destroyed or of another	44521
person on behalf of the person injured or of the person whose	44522
property was injured or destroyed that the court determines	44523
represent an actual loss experienced because of the personal or	44524
property injury or property loss.	44525

"The actual loss of the person who is awarded the damages"	44526
does not include any fees paid or owed to an attorney for any	44527
services rendered in relation to a personal or property injury or	44528
property loss, and does not include any damages awarded for pain	44529
and suffering, for the loss of society, consortium, companionship,	44530
care, assistance, attention, protection, advice, guidance,	44531
counsel, instruction, training, or education of the person	44532
injured, for mental anguish, or for any other intangible loss.	44533

Sec. 2901.01. (A) As used in the Revised Code:

44534

(1) "Force" means any violence, compulsion, or constraint	44535
physically exerted by any means upon or against a person or thing.	44536

(2) "Deadly force" means any force that carries a substantial	44537
risk that it will proximately result in the death of any person.	44538

(3) "Physical harm to persons" means any injury, illness, or	44539
other physiological impairment, regardless of its gravity or	44540
duration.	44541

(4) "Physical harm to property" means any tangible or	44542
intangible damage to property that, in any degree, results in loss	44543
to its value or interferes with its use or enjoyment. "Physical	44544
harm to property" does not include wear and tear occasioned by	44545
normal use.	44546

(5) "Serious physical harm to persons" means any of the	44547
following:	44548

(a) Any mental illness or condition of such gravity as would	44549
normally require hospitalization or prolonged psychiatric	44550
treatment;	44551

(b) Any physical harm that carries a substantial risk of	44552
death;	44553

(c) Any physical harm that involves some permanent	44554
incapacity, whether partial or total, or that involves some	44555
temporary, substantial incapacity;	44556

(d) Any physical harm that involves some permanent	44557
disfigurement or that involves some temporary, serious	44558
disfigurement;	44559

(e) Any physical harm that involves acute pain of such	44560
duration as to result in substantial suffering or that involves	44561
any degree of prolonged or intractable pain.	44562

(6) "Serious physical harm to property" means any physical	44563
harm to property that does either of the following:	44564

(a) Results in substantial loss to the value of the property	44565
or requires a substantial amount of time, effort, or money to	44566
repair or replace;	44567

(b) Temporarily prevents the use or enjoyment of the property	44568
or substantially interferes with its use or enjoyment for an	44569
extended period of time.	44570

(7) "Risk" means a significant possibility, as contrasted	44571
with a remote possibility, that a certain result may occur or that	44572
certain circumstances may exist.	44573

(8) "Substantial risk" means a strong possibility, as	44574
contrasted with a remote or significant possibility, that a	44575
certain result may occur or that certain circumstances may exist.	44576

(9) "Offense of violence" means any of the following:

44577

(a) A violation of section 2903.01, 2903.02, 2903.03,	44578
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,	44579
2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03,	44580
2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11,	44581
2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04,	44582
2921.34, or 2923.161, of division (A)(1), (2), or (3) of section	44583
2911.12, or of division (B)(1), (2), (3), or (4) of section	44584
2919.22 of the Revised Code or felonious sexual penetration in	44585
violation of former section 2907.12 of the Revised Code;	44586

(b) A violation of an existing or former municipal ordinance	44587
or law of this or any other state or the United States,	44588
substantially equivalent to any section, division, or offense	44589
listed in division (A)(9)(a) of this section;	44590

(c) An offense, other than a traffic offense, under an	44591
existing or former municipal ordinance or law of this or any other	44592
state or the United States, committed purposely or knowingly, and	44593
involving physical harm to persons or a risk of serious physical	44594
harm to persons;	44595

(d) A conspiracy or attempt to commit, or complicity in	44596
committing, any offense under division (A)(9)(a), (b), or (c) of	44597
this section.	44598

(10)(a) "Property" means any property, real or personal,	44599
tangible or intangible, and any interest or license in that	44600
property. "Property" includes, but is not limited to, cable	44601
television service, other telecommunications service,	44602
telecommunications devices, information service, computers, data,	44603
computer software, financial instruments associated with	44604
computers, other documents associated with computers, or copies of	44605
the documents, whether in machine or human readable form, trade	44606
secrets, trademarks, copyrights, patents, and property protected	44607
by a trademark, copyright, or patent. "Financial instruments	44608
associated with computers" include, but are not limited to,	44609
checks, drafts, warrants, money orders, notes of indebtedness,	44610
certificates of deposit, letters of credit, bills of credit or	44611
debit cards, financial transaction authorization mechanisms,	44612
marketable securities, or any computer system representations of	44613
any of them.	44614

(b) As used in division (A)(10) of this section, "trade	44615
secret" has the same meaning as in section 1333.61 of the Revised	44616
Code, and "telecommunications service" and "information service"	44617
have the same meanings as in section 2913.01 of the Revised Code.	44618

(c) As used in divisions (A)(10) and (13) of this section,	44619
"cable television service," "computer," "computer software,"	44620
"computer system," "computer network," "data," and	44621
"telecommunications device" have the same meanings as in section	44622
2913.01 of the Revised Code.	44623

(11) "Law enforcement officer" means any of the following:

44624

(a) A sheriff, deputy sheriff, constable, police officer of a	44625
township or joint ~~township~~ police district, marshal, deputy	44626
marshal, municipal police officer, member of a police force	44627
employed by a metropolitan housing authority under division (D) of	44628
section 3735.31 of the Revised Code, or state highway patrol	44629
trooper;	44630

(b) An officer, agent, or employee of the state or any of its	44631
agencies, instrumentalities, or political subdivisions, upon whom,	44632
by statute, a duty to conserve the peace or to enforce all or	44633
certain laws is imposed and the authority to arrest violators is	44634
conferred, within the limits of that statutory duty and authority;	44635

(c) A mayor, in the mayor's capacity as chief conservator of	44636
the peace within the mayor's municipal corporation;	44637

(d) A member of an auxiliary police force organized by	44638
county, township, or municipal law enforcement authorities, within	44639
the scope of the member's appointment or commission;	44640

(e) A person lawfully called pursuant to section 311.07 of	44641
the Revised Code to aid a sheriff in keeping the peace, for the	44642
purposes and during the time when the person is called;	44643

(f) A person appointed by a mayor pursuant to section 737.01	44644
of the Revised Code as a special patrolling officer during riot or	44645
emergency, for the purposes and during the time when the person is	44646
appointed;	44647

(g) A member of the organized militia of this state or the	44648
armed forces of the United States, lawfully called to duty to aid	44649
civil authorities in keeping the peace or protect against domestic	44650
violence;	44651

(h) A prosecuting attorney, assistant prosecuting attorney,	44652
secret service officer, or municipal prosecutor;	44653

(i) A veterans' home police officer appointed under section	44654
5907.02 of the Revised Code;	44655

(j) A member of a police force employed by a regional transit	44656
authority under division (Y) of section 306.35 of the Revised	44657
Code;	44658

(k) A special police officer employed by a port authority	44659
under section 4582.04 or 4582.28 of the Revised Code;	44660

(l) The house of representatives sergeant at arms if the	44661
house of representatives sergeant at arms has arrest authority	44662
pursuant to division (E)(1) of section 101.311 of the Revised Code	44663
and an assistant house of representatives sergeant at arms;	44664

(m) A special police officer employed by a municipal	44665
corporation at a municipal airport, or other municipal air	44666
navigation facility, that has scheduled operations, as defined in	44667
section 119.3 of Title 14 of the Code of Federal Regulations, 14	44668
C.F.R. 119.3, as amended, and that is required to be under a	44669
security program and is governed by aviation security rules of the	44670
transportation security administration of the United States	44671
department of transportation as provided in Parts 1542. and 1544.	44672
of Title 49 of the Code of Federal Regulations, as amended.	44673

(12) "Privilege" means an immunity, license, or right	44674
conferred by law, bestowed by express or implied grant, arising	44675
out of status, position, office, or relationship, or growing out	44676
of necessity.	44677

(13) "Contraband" means any property that is illegal for a	44678
person to acquire or possess under a statute, ordinance, or rule,	44679
or that a trier of fact lawfully determines to be illegal to	44680
possess by reason of the property's involvement in an offense.	44681
"Contraband" includes, but is not limited to, all of the	44682
following:	44683

(a) Any controlled substance, as defined in section 3719.01	44684
of the Revised Code, or any device or paraphernalia;	44685

(b) Any unlawful gambling device or paraphernalia;

44686

44687

(14) A person is "not guilty by reason of insanity" relative	44688
to a charge of an offense only if the person proves, in the manner	44689
specified in section 2901.05 of the Revised Code, that at the time	44690
of the commission of the offense, the person did not know, as a	44691
result of a severe mental disease or defect, the wrongfulness of	44692
the person's acts.	44693

(B)(1)(a) Subject to division (B)(2) of this section, as used	44694
in any section contained in Title XXIX of the Revised Code that	44695
sets forth a criminal offense, "person" includes all of the	44696
following:	44697

(i) An individual, corporation, business trust, estate,	44698
trust, partnership, and association;	44699

(ii) An unborn human who is viable.

44700

(b) As used in any section contained in Title XXIX of the	44701
Revised Code that does not set forth a criminal offense, "person"	44702
includes an individual, corporation, business trust, estate,	44703
trust, partnership, and association.	44704

44705

(i) "Unborn human" means an individual organism of the	44706
species Homo sapiens from fertilization until live birth.	44707

(ii) "Viable" means the stage of development of a human fetus	44708
at which there is a realistic possibility of maintaining and	44709
nourishing of a life outside the womb with or without temporary	44710
artificial life-sustaining support.	44711

(2) Notwithstanding division (B)(1)(a) of this section, in no	44712
case shall the portion of the definition of the term "person" that	44713
is set forth in division (B)(1)(a)(ii) of this section be applied	44714
or construed in any section contained in Title XXIX of the Revised	44715
Code that sets forth a criminal offense in any of the following	44716
manners:	44717

(a) Except as otherwise provided in division (B)(2)(a) of	44718
this section, in a manner so that the offense prohibits or is	44719
construed as prohibiting any pregnant woman or her physician from	44720
performing an abortion with the consent of the pregnant woman,	44721
with the consent of the pregnant woman implied by law in a medical	44722
emergency, or with the approval of one otherwise authorized by law	44723
to consent to medical treatment on behalf of the pregnant woman.	44724
An abortion that violates the conditions described in the	44725
immediately preceding sentence may be punished as a violation of	44726
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,	44727
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22	44728
of the Revised Code, as applicable. An abortion that does not	44729
violate the conditions described in the second immediately	44730
preceding sentence, but that does violate section 2919.12,	44731
division (B) of section 2919.13, or section 2919.151, 2919.17, or	44732
2919.18 of the Revised Code, may be punished as a violation of	44733
section 2919.12, division (B) of section 2919.13, or section	44734
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.	44735
Consent is sufficient under this division if it is of the type	44736
otherwise adequate to permit medical treatment to the pregnant	44737
woman, even if it does not comply with section 2919.12 of the	44738
Revised Code.	44739

(b) In a manner so that the offense is applied or is	44740
construed as applying to a woman based on an act or omission of	44741
the woman that occurs while she is or was pregnant and that	44742
results in any of the following:	44743

(i) Her delivery of a stillborn baby;

44744

(ii) Her causing, in any other manner, the death in utero of	44745
a viable, unborn human that she is carrying;	44746

(iii) Her causing the death of her child who is born alive	44747
but who dies from one or more injuries that are sustained while	44748
the child is a viable, unborn human;	44749

(iv) Her causing her child who is born alive to sustain one	44750
or more injuries while the child is a viable, unborn human;	44751

(v) Her causing, threatening to cause, or attempting to	44752
cause, in any other manner, an injury, illness, or other	44753
physiological impairment, regardless of its duration or gravity,	44754
or a mental illness or condition, regardless of its duration or	44755
gravity, to a viable, unborn human that she is carrying.	44756

44757

(1) "School safety zone" consists of a school, school	44758
building, school premises, school activity, and school bus.	44759

(2) "School," "school building," and "school premises" have	44760
the same meanings as in section 2925.01 of the Revised Code.	44761

(3) "School activity" means any activity held under the	44762
auspices of a board of education of a city, local, exempted	44763
village, joint vocational, or cooperative education school	44764
district; a governing authority of a community school established	44765
under Chapter 3314. of the Revised Code; a governing board of an	44766
educational service center, or the governing body of a school for	44767
which the state board of education prescribes minimum standards	44768
under section 3301.07 of the Revised Code.	44769

(4) "School bus" has the same meaning as in section 4511.01	44770
of the Revised Code.	44771

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	44772
Revised Code:	44773

(A) "Care facility" means any of the following:

44774

(1) Any "home" as defined in section 3721.10 or 5111.20 of	44775
the Revised Code;	44776

(2) Any "residential facility" as defined in section 5123.19	44777
of the Revised Code;	44778

(3) Any institution or facility operated or provided by the	44779
department of mental health or by the department of developmental	44780
disabilities pursuant to sections 5119.02 and 5123.03 of the	44781
Revised Code;	44782

(4) Any "residential facility" as defined in section 5119.22	44783
of the Revised Code;	44784

(5) Any unit of any hospital, as defined in section 3701.01	44785
of the Revised Code, that provides the same services as a nursing	44786
home, as defined in section 3721.01 of the Revised Code;	44787

(6) Any institution, residence, or facility that provides,	44788
for a period of more than twenty-four hours, whether for a	44789
consideration or not, accommodations to one individual or two	44790
unrelated individuals who are dependent upon the services of	44791
others;	44792

(7) Any "adult care facility" as defined in section ~~3722.01~~	44793
5119.70 of the Revised Code;	44794

(8) Any adult foster home certified ~~by the department of~~	44795
~~aging or its designee~~ under section ~~173.36~~5119.692 of the Revised	44796
Code.	44797

(B) "Abuse" means knowingly causing physical harm or	44798
recklessly causing serious physical harm to a person by physical	44799
contact with the person or by the inappropriate use of a physical	44800
or chemical restraint, medication, or isolation on the person.	44801

(C)(1) "Gross neglect" means knowingly failing to provide a	44802
person with any treatment, care, goods, or service that is	44803
necessary to maintain the health or safety of the person when the	44804
failure results in physical harm or serious physical harm to the	44805
person.	44806

(2) "Neglect" means recklessly failing to provide a person	44807
with any treatment, care, goods, or service that is necessary to	44808
maintain the health or safety of the person when the failure	44809
results in serious physical harm to the person.	44810

(D) "Inappropriate use of a physical or chemical restraint,	44811
medication, or isolation" means the use of physical or chemical	44812
restraint, medication, or isolation as punishment, for staff	44813
convenience, excessively, as a substitute for treatment, or in	44814
quantities that preclude habilitation and treatment.	44815

Sec. 2907.15. (A) As used in this section:

44816

(1) "Public retirement system" means the public employees	44817
retirement system, state teachers retirement system, school	44818
employees retirement system, Ohio police and fire pension fund,	44819
state highway patrol retirement system, or a municipal retirement	44820
system of a municipal corporation of this state.	44821

(2) "Government deferred compensation program" means such a	44822
program offered by the Ohio public employees deferred compensation	44823
board; a municipal corporation; or a governmental unit, as defined	44824
in section 148.06 of the Revised Code, or a program styled as a	44825
supplemental employee deferral plan offered by the treasurer of	44826
state.	44827

(3) "Deferred compensation program participant" means a	44828
"participating employee" or "continuing member," as defined in	44829
section 148.01 of the Revised Code, or any other public employee	44830
who has funds in a government deferred compensation program.	44831

(4) "Alternative retirement plan" means an alternative	44832
retirement plan provided pursuant to Chapter 3305. of the Revised	44833
Code.	44834

(5) "Prosecutor" has the same meaning as in section 2935.01	44835
of the Revised Code.	44836

In any case in which a sentencing court orders restitution to	44837
the victim under section 2929.18 or 2929.28 of the Revised Code	44838
for a violation of section 2907.02, 2907.03, 2907.04, or 2907.05	44839
of the Revised Code and in which the offender is a government	44840
deferred compensation program participant, is an electing	44841
employee, as defined in section 3305.01 of the Revised Code, or is	44842
a member of, or receiving a pension, benefit, or allowance, other	44843
than a survivorship benefit, from, a public retirement system and	44844
committed the offense against a child, student, patient, or other	44845
person with whom the offender had contact in the context of the	44846
offender's public employment, at the request of the victim the	44847
prosecutor shall file a motion with the sentencing court	44848
specifying the government deferred compensation program,	44849
alternative retirement plan, or public retirement system and	44850
requesting that the court issue an order requiring the government	44851
deferred compensation program, alternative retirement plan, or	44852
public retirement system to withhold the amount required as	44853
restitution from one or more of the following: any payment to be	44854
made from a government deferred compensation program, any payment	44855
or benefit under an alternative retirement plan, or under a	44856
pension, annuity, allowance, or any other benefit, other than a	44857
survivorship benefit, that has been or is in the future granted to	44858
the offender; from any payment of accumulated employee	44859
contributions standing to the offender's credit with the	44860
government deferred compensation program, alternative retirement	44861
plan, or public retirement system; or from any payment of any	44862
other amounts to be paid to the offender pursuant to section	44863
113.42 or Chapter 145., 148., 742., 3307., 3309., or 5505. of the	44864
Revised Code on withdrawal of contributions. The motion may be	44865
filed at any time subsequent to the conviction of the offender or	44866
entry of a guilty plea. On the filing of the motion, the clerk of	44867
the court in which the motion is filed shall notify the offender	44868
and the government deferred compensation program, alternative	44869
retirement plan, or public retirement system, in writing, of all	44870
of the following: that the motion was filed; that the offender	44871
will be granted a hearing on the issuance of the requested order	44872
if the offender files a written request for a hearing with the	44873
clerk prior to the expiration of thirty days after the offender	44874
receives the notice; that, if a hearing is requested, the court	44875
will schedule a hearing as soon as possible and notify the	44876
offender and the government deferred compensation program,	44877
alternative retirement plan, or public retirement system of the	44878
date, time, and place of the hearing; that, if a hearing is	44879
conducted, it will be limited to a consideration of whether the	44880
offender can show good cause why the order should not be issued;	44881
that, if a hearing is conducted, the court will not issue the	44882
order if the court determines, based on evidence presented at the	44883
hearing by the offender, that there is good cause for the order	44884
not to be issued; that the court will issue the order if a hearing	44885
is not requested or if a hearing is conducted but the court does	44886
not determine, based on evidence presented at the hearing by the	44887
offender, that there is good cause for the order not to be issued;	44888
and that, if the order is issued, the government deferred	44889
compensation program, alternative retirement plan, or public	44890
retirement system specified in the motion will be required to	44891
withhold the amount required as restitution from payments to the	44892
offender.	44893

(B) In any case in which a motion requesting the issuance of	44894
a withholding order as described in division (A) of this section	44895
is filed, the offender may receive a hearing on the motion by	44896
delivering a written request for a hearing to the court prior to	44897
the expiration of thirty days after the offender's receipt of the	44898
notice provided pursuant to division (A) of this section. If the	44899
offender requests a hearing within the prescribed time, the court	44900
shall schedule a hearing as soon as possible after the request is	44901
made and notify the offender and the government deferred	44902
compensation program, alternative retirement plan, or public	44903
retirement system of the date, time, and place of the hearing. A	44904
hearing scheduled under this division shall be limited to a	44905
consideration of whether there is good cause, based on evidence	44906
presented by the offender, for the requested order not to be	44907
issued. If the court determines, based on evidence presented by	44908
the offender, that there is good cause for the order not to be	44909
issued, the court shall deny the motion and shall not issue the	44910
order. Good cause for not issuing the order includes a	44911
determination by the court that the order would severely impact	44912
the offender's ability to support the offender's dependents.	44913

If the offender does not request a hearing within the	44914
prescribed time or the court conducts a hearing but does not	44915
determine, based on evidence presented by the offender, that there	44916
is good cause for the order not to be issued, the court shall	44917
order the government deferred compensation program, alternative	44918
retirement plan, or public retirement system to withhold the	44919
amount required as restitution from one or more of the following:	44920
any payments to be made from a government deferred compensation	44921
program, any payment or benefit under an alternative retirement	44922
plan, or under a pension, annuity, allowance, or under any other	44923
benefit, other than a survivorship benefit, that has been or is in	44924
the future granted to the offender; from any payment of	44925
accumulated employee contributions standing to the offender's	44926
credit with the government deferred compensation program,	44927
alternative retirement plan, or public retirement system; or from	44928
any payment of any other amounts to be paid to the offender upon	44929
withdrawal of contributions pursuant to Chapter 145., 148., 742.,	44930
3307., 3309., or 5505. of the Revised Code and to continue the	44931
withholding for that purpose, in accordance with the order, out of	44932
each payment to be made on or after the date of issuance of the	44933
order, until further order of the court. On receipt of an order	44934
issued under this division, the government deferred compensation	44935
program, alternative retirement plan, or public retirement system	44936
shall withhold the amount required as restitution, in accordance	44937
with the order, from any such payments and immediately forward the	44938
amount withheld to the clerk of the court in which the order was	44939
issued for payment to the person to whom restitution is to be	44940
made. The order shall not apply to any portion of payments made	44941
from a government deferred compensation program, alternative	44942
retirement plan, or public retirement system to a person other	44943
than the offender pursuant to a previously issued domestic court	44944
order.	44945

(C) Service of a notice required by division (A) or (B) of	44946
this section shall be effected in the same manner as provided in	44947
the Rules of Civil Procedure for the service of process.	44948

(D) Upon the filing of charges under section 2907.02,	44949
2907.03, 2907.04, or 2907.05 of the Revised Code against a person	44950
who is a deferred compensation program participant, an electing	44951
employee participating in an alternative retirement plan, or a	44952
member of, or receiving a pension benefit, or allowance, other	44953
than a survivorship benefit, from a public retirement system for	44954
an offense against a child, student, patient, or other person with	44955
whom the offender had contact in the context of the offender's	44956
public employment, the prosecutor shall send written notice that	44957
charges have been filed against that person to the appropriate	44958
government deferred compensation program, alternative retirement	44959
plan, or public retirement system. The notice shall specifically	44960
identify the person charged.	44961

Sec. 2915.01. As used in this chapter:

44962

(A) "Bookmaking" means the business of receiving or paying	44963
off bets.	44964

(B) "Bet" means the hazarding of anything of value upon the	44965
result of an event, undertaking, or contingency, but does not	44966
include a bona fide business risk.	44967

(C) "Scheme of chance" means a slot machine, lottery, numbers	44968
game, pool conducted for profit, or other scheme in which a	44969
participant gives a valuable consideration for a chance to win a	44970
prize, but does not include bingo, a skill-based amusement	44971
machine, or a pool not conducted for profit.	44972

(D) "Game of chance" means poker, craps, roulette, or other	44973
game in which a player gives anything of value in the hope of	44974
gain, the outcome of which is determined largely by chance, but	44975
does not include bingo.	44976

(E) "Game of chance conducted for profit" means any game of	44977
chance designed to produce income for the person who conducts or	44978
operates the game of chance, but does not include bingo.	44979

(F) "Gambling device" means any of the following:

44980

(1) A book, totalizer, or other equipment for recording bets;

44981

(2) A ticket, token, or other device representing a chance,	44982
share, or interest in a scheme of chance or evidencing a bet;	44983

(3) A deck of cards, dice, gaming table, roulette wheel, slot	44984
machine, or other apparatus designed for use in connection with a	44985
game of chance;	44986

(4) Any equipment, device, apparatus, or paraphernalia	44987
specially designed for gambling purposes;	44988

(5) Bingo supplies sold or otherwise provided, or used, in	44989
violation of this chapter.	44990

(G) "Gambling offense" means any of the following:

44991

(1) A violation of section 2915.02, 2915.03, 2915.04,	44992
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09,	44993
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;	44994

(2) A violation of an existing or former municipal ordinance	44995
or law of this or any other state or the United States	44996
substantially equivalent to any section listed in division (G)(1)	44997
of this section or a violation of section 2915.06 of the Revised	44998
Code as it existed prior to July 1, 1996;	44999

(3) An offense under an existing or former municipal	45000
ordinance or law of this or any other state or the United States,	45001
of which gambling is an element;	45002

(4) A conspiracy or attempt to commit, or complicity in	45003
committing, any offense under division (G)(1), (2), or (3) of this	45004
section.	45005

(H) Except as otherwise provided in this chapter, "charitable	45006
organization" means any tax exempt religious, educational,	45007
veteran's, fraternal, sporting, service, nonprofit medical,	45008
volunteer rescue service, volunteer firefighter's, senior	45009
citizen's, historic railroad educational, youth athletic, amateur	45010
athletic, or youth athletic park organization. An organization is	45011
tax exempt if the organization is, and has received from the	45012
internal revenue service a determination letter that currently is	45013
in effect stating that the organization is, exempt from federal	45014
income taxation under subsection 501(a) and described in	45015
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	45016
501(c)(19) of the Internal Revenue Code, or if the organization is	45017
a sporting organization that is exempt from federal income	45018
taxation under subsection 501(a) and is described in subsection	45019
501(c)(7) of the Internal Revenue Code. To qualify as a charitable	45020
organization, an organization, except a volunteer rescue service	45021
or volunteer firefighter's organization, shall have been in	45022
continuous existence as such in this state for a period of two	45023
years immediately preceding either the making of an application	45024
for a bingo license under section 2915.08 of the Revised Code or	45025
the conducting of any game of chance as provided in division (D)	45026
of section 2915.02 of the Revised Code. A charitable organization	45027
that is exempt from federal income taxation under subsection	45028
501(a) and described in subsection 501(c)(3) of the Internal	45029
Revenue Code and that is created by a veteran's organization, a	45030
fraternal organization, or a sporting organization does not have	45031
to have been in continuous existence as such in this state for a	45032
period of two years immediately preceding either the making of an	45033
application for a bingo license under section 2915.08 of the	45034
Revised Code or the conducting of any game of chance as provided	45035
in division (D) of section 2915.02 of the Revised Code.	45036

(I) "Religious organization" means any church, body of	45037
communicants, or group that is not organized or operated for	45038
profit and that gathers in common membership for regular worship	45039
and religious observances.	45040

(J) "Educational organization" means any organization within	45041
this state that is not organized for profit, the primary purpose	45042
of which is to educate and develop the capabilities of individuals	45043
through instruction by means of operating or contributing to the	45044
support of a school, academy, college, or university.	45045

(K) "Veteran's organization" means any individual post or	45046
state headquarters of a national veteran's association or an	45047
auxiliary unit of any individual post of a national veteran's	45048
association, which post, state headquarters, or auxiliary unit is	45049
incorporated as a nonprofit corporation and either has received a	45050
letter from the state headquarters of the national veteran's	45051
association indicating that the individual post or auxiliary unit	45052
is in good standing with the national veteran's association or has	45053
received a letter from the national veteran's association	45054
indicating that the state headquarters is in good standing with	45055
the national veteran's association. As used in this division,	45056
"national veteran's association" means any veteran's association	45057
that has been in continuous existence as such for a period of at	45058
least five years and either is incorporated by an act of the	45059
United States congress or has a national dues-paying membership of	45060
at least five thousand persons.	45061

(L) "Volunteer firefighter's organization" means any	45062
organization of volunteer firefighters, as defined in section	45063
146.01 of the Revised Code, that is organized and operated	45064
exclusively to provide financial support for a volunteer fire	45065
department or a volunteer fire company and that is recognized or	45066
ratified by a county, municipal corporation, or township.	45067

(M) "Fraternal organization" means any society, order, state	45068
headquarters, or association within this state, except a college	45069
or high school fraternity, that is not organized for profit, that	45070
is a branch, lodge, or chapter of a national or state	45071
organization, that exists exclusively for the common business or	45072
sodality of its members.	45073

(N) "Volunteer rescue service organization" means any	45074
organization of volunteers organized to function as an emergency	45075
medical service organization, as defined in section 4765.01 of the	45076
Revised Code.	45077

(O) "Service organization" means either of the following:

45078

(1) Any organization, not organized for profit, that is	45079
organized and operated exclusively to provide, or to contribute to	45080
the support of organizations or institutions organized and	45081
operated exclusively to provide, medical and therapeutic services	45082
for persons who are crippled, born with birth defects, or have any	45083
other mental or physical defect or those organized and operated	45084
exclusively to protect, or to contribute to the support of	45085
organizations or institutions organized and operated exclusively	45086
to protect, animals from inhumane treatment or provide immediate	45087
shelter to victims of domestic violence;	45088

(2) Any organization that is described in subsection	45089
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	45090
and is either a governmental unit or an organization that is tax	45091
exempt under subsection 501(a) and described in subsection	45092
501(c)(3) of the Internal Revenue Code and that is an	45093
organization, not organized for profit, that is organized and	45094
operated primarily to provide, or to contribute to the support of	45095
organizations or institutions organized and operated primarily to	45096
provide, medical and therapeutic services for persons who are	45097
crippled, born with birth defects, or have any other mental or	45098
physical defect.	45099

(P) "Nonprofit medical organization" means either of the	45100
following:	45101

(1) Any organization that has been incorporated as a	45102
nonprofit corporation for at least five years and that has	45103
continuously operated and will be operated exclusively to provide,	45104
or to contribute to the support of organizations or institutions	45105
organized and operated exclusively to provide, hospital, medical,	45106
research, or therapeutic services for the public;	45107

(2) Any organization that is described and qualified under	45108
subsection 501(c)(3) of the Internal Revenue Code, that has been	45109
incorporated as a nonprofit corporation for at least five years,	45110
and that has continuously operated and will be operated primarily	45111
to provide, or to contribute to the support of organizations or	45112
institutions organized and operated primarily to provide,	45113
hospital, medical, research, or therapeutic services for the	45114
public.	45115

(Q) "Senior citizen's organization" means any private	45116
organization, not organized for profit, that is organized and	45117
operated exclusively to provide recreational or social services	45118
for persons who are fifty-five years of age or older and that is	45119
described and qualified under subsection 501(c)(3) of the Internal	45120
Revenue Code.	45121

(R) "Charitable bingo game" means any bingo game described in	45122
division (S)(1) or (2) of this section that is conducted by a	45123
charitable organization that has obtained a license pursuant to	45124
section 2915.08 of the Revised Code and the proceeds of which are	45125
used for a charitable purpose.	45126

(S) "Bingo" means either of the following:

45127

(1) A game with all of the following characteristics:

45128

(a) The participants use bingo cards or sheets, including	45129
paper formats and electronic representation or image formats, that	45130
are divided into twenty-five spaces arranged in five horizontal	45131
and five vertical rows of spaces, with each space, except the	45132
central space, being designated by a combination of a letter and a	45133
number and with the central space being designated as a free	45134
space.	45135

(b) The participants cover the spaces on the bingo cards or	45136
sheets that correspond to combinations of letters and numbers that	45137
are announced by a bingo game operator.	45138

(c) A bingo game operator announces combinations of letters	45139
and numbers that appear on objects that a bingo game operator	45140
selects by chance, either manually or mechanically, from a	45141
receptacle that contains seventy-five objects at the beginning of	45142
each game, each object marked by a different combination of a	45143
letter and a number that corresponds to one of the seventy-five	45144
possible combinations of a letter and a number that can appear on	45145
the bingo cards or sheets.	45146

(d) The winner of the bingo game includes any participant who	45147
properly announces during the interval between the announcements	45148
of letters and numbers as described in division (S)(1)(c) of this	45149
section, that a predetermined and preannounced pattern of spaces	45150
has been covered on a bingo card or sheet being used by the	45151
participant.	45152

(2) Instant bingo, punch boards, and raffles.

45153

(T) "Conduct" means to back, promote, organize, manage, carry	45154
on, sponsor, or prepare for the operation of bingo or a game of	45155
chance.	45156

(U) "Bingo game operator" means any person, except security	45157
personnel, who performs work or labor at the site of bingo,	45158
including, but not limited to, collecting money from participants,	45159
handing out bingo cards or sheets or objects to cover spaces on	45160
bingo cards or sheets, selecting from a receptacle the objects	45161
that contain the combination of letters and numbers that appear on	45162
bingo cards or sheets, calling out the combinations of letters and	45163
numbers, distributing prizes, selling or redeeming instant bingo	45164
tickets or cards, supervising the operation of a punch board,	45165
selling raffle tickets, selecting raffle tickets from a receptacle	45166
and announcing the winning numbers in a raffle, and preparing,	45167
selling, and serving food or beverages.	45168

(V) "Participant" means any person who plays bingo.

45169

(W) "Bingo session" means a period that includes both of the	45170
following:	45171

(1) Not to exceed five continuous hours for the conduct of	45172
one or more games described in division (S)(1) of this section,	45173
instant bingo, and seal cards;	45174

(2) A period for the conduct of instant bingo and seal cards	45175
for not more than two hours before and not more than two hours	45176
after the period described in division (W)(1) of this section.	45177

(X) "Gross receipts" means all money or assets, including	45178
admission fees, that a person receives from bingo without the	45179
deduction of any amounts for prizes paid out or for the expenses	45180
of conducting bingo. "Gross receipts" does not include any money	45181
directly taken in from the sale of food or beverages by a	45182
charitable organization conducting bingo, or by a bona fide	45183
auxiliary unit or society of a charitable organization conducting	45184
bingo, provided all of the following apply:	45185

(1) The auxiliary unit or society has been in existence as a	45186
bona fide auxiliary unit or society of the charitable organization	45187
for at least two years prior to conducting bingo.	45188

(2) The person who purchases the food or beverage receives	45189
nothing of value except the food or beverage and items customarily	45190
received with the purchase of that food or beverage.	45191

(3) The food and beverages are sold at customary and	45192
reasonable prices.	45193

(Y) "Security personnel" includes any person who either is a	45194
sheriff, deputy sheriff, marshal, deputy marshal, township	45195
constable, or member of an organized police department of a	45196
municipal corporation or has successfully completed a peace	45197
officer's training course pursuant to sections 109.71 to 109.79 of	45198
the Revised Code and who is hired to provide security for the	45199
premises on which bingo is conducted.	45200

(Z) "Charitable purpose" means that the net profit of bingo,	45201
other than instant bingo, is used by, or is given, donated, or	45202
otherwise transferred to, any of the following:	45203

(1) Any organization that is described in subsection	45204
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	45205
and is either a governmental unit or an organization that is tax	45206
exempt under subsection 501(a) and described in subsection	45207
501(c)(3) of the Internal Revenue Code;	45208

(2) A veteran's organization that is a post, chapter, or	45209
organization of veterans, or an auxiliary unit or society of, or a	45210
trust or foundation for, any such post, chapter, or organization	45211
organized in the United States or any of its possessions, at least	45212
seventy-five per cent of the members of which are veterans and	45213
substantially all of the other members of which are individuals	45214
who are spouses, widows, or widowers of veterans, or such	45215
individuals, provided that no part of the net earnings of such	45216
post, chapter, or organization inures to the benefit of any	45217
private shareholder or individual, and further provided that the	45218
net profit is used by the post, chapter, or organization for the	45219
charitable purposes set forth in division (B)(12) of section	45220
5739.02 of the Revised Code, is used for awarding scholarships to	45221
or for attendance at an institution mentioned in division (B)(12)	45222
of section 5739.02 of the Revised Code, is donated to a	45223
governmental agency, or is used for nonprofit youth activities,	45224
the purchase of United States or Ohio flags that are donated to	45225
schools, youth groups, or other bona fide nonprofit organizations,	45226
promotion of patriotism, or disaster relief;	45227

(3) A fraternal organization that has been in continuous	45228
existence in this state for fifteen years and that uses the net	45229
profit exclusively for religious, charitable, scientific,	45230
literary, or educational purposes, or for the prevention of	45231
cruelty to children or animals, if contributions for such use	45232
would qualify as a deductible charitable contribution under	45233
subsection 170 of the Internal Revenue Code;	45234

(4) A volunteer firefighter's organization that uses the net	45235
profit for the purposes set forth in division (L) of this section.	45236

(AA) "Internal Revenue Code" means the "Internal Revenue Code	45237
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	45238
amended.	45239

(BB) "Youth athletic organization" means any organization,	45240
not organized for profit, that is organized and operated	45241
exclusively to provide financial support to, or to operate,	45242
athletic activities for persons who are twenty-one years of age or	45243
younger by means of sponsoring, organizing, operating, or	45244
contributing to the support of an athletic team, club, league, or	45245
association.	45246

(CC) "Youth athletic park organization" means any	45247
organization, not organized for profit, that satisfies both of the	45248
following:	45249

(1) It owns, operates, and maintains playing fields that	45250
satisfy both of the following:	45251

(a) The playing fields are used at least one hundred days per	45252
year for athletic activities by one or more organizations, not	45253
organized for profit, each of which is organized and operated	45254
exclusively to provide financial support to, or to operate,	45255
athletic activities for persons who are eighteen years of age or	45256
younger by means of sponsoring, organizing, operating, or	45257
contributing to the support of an athletic team, club, league, or	45258
association.	45259

(b) The playing fields are not used for any profit-making	45260
activity at any time during the year.	45261

(2) It uses the proceeds of bingo it conducts exclusively for	45262
the operation, maintenance, and improvement of its playing fields	45263
of the type described in division (CC)(1) of this section.	45264

(DD) "Amateur athletic organization" means any organization,	45265
not organized for profit, that is organized and operated	45266
exclusively to provide financial support to, or to operate,	45267
athletic activities for persons who are training for amateur	45268
athletic competition that is sanctioned by a national governing	45269
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	45270
3045, 36 U.S.C.A. 373.	45271

(EE) "Bingo supplies" means bingo cards or sheets; instant	45272
bingo tickets or cards; electronic bingo aids; raffle tickets;	45273
punch boards; seal cards; instant bingo ticket dispensers; and	45274
devices for selecting or displaying the combination of bingo	45275
letters and numbers or raffle tickets. Items that are "bingo	45276
supplies" are not gambling devices if sold or otherwise provided,	45277
and used, in accordance with this chapter. For purposes of this	45278
chapter, "bingo supplies" are not to be considered equipment used	45279
to conduct a bingo game.	45280

(FF) "Instant bingo" means a form of bingo that uses folded	45281
or banded tickets or paper cards with perforated break-open tabs,	45282
a face of which is covered or otherwise hidden from view to	45283
conceal a number, letter, or symbol, or set of numbers, letters,	45284
or symbols, some of which have been designated in advance as prize	45285
winners. "Instant bingo" includes seal cards. "Instant bingo" does	45286
not include any device that is activated by the insertion of a	45287
coin, currency, token, or an equivalent, and that contains as one	45288
of its components a video display monitor that is capable of	45289
displaying numbers, letters, symbols, or characters in winning or	45290
losing combinations.	45291

(GG) "Seal card" means a form of instant bingo that uses	45292
instant bingo tickets in conjunction with a board or placard that	45293
contains one or more seals that, when removed or opened, reveal	45294
predesignated winning numbers, letters, or symbols.	45295

(HH) "Raffle" means a form of bingo in which the one or more	45296
prizes are won by one or more persons who have purchased a raffle	45297
ticket. The one or more winners of the raffle are determined by	45298
drawing a ticket stub or other detachable section from a	45299
receptacle containing ticket stubs or detachable sections	45300
corresponding to all tickets sold for the raffle. "Raffle" does	45301
not include the drawing of a ticket stub or other detachable	45302
section of a ticket purchased to attend a professional sporting	45303
event if both of the following apply:	45304

(1) The ticket stub or other detachable section is used to	45305
select the winner of a free prize given away at the professional	45306
sporting event; and	45307

(2) The cost of the ticket is the same as the cost of a	45308
ticket to the professional sporting event on days when no free	45309
prize is given away.	45310

(II) "Punch board" means a board containing a number of holes	45311
or receptacles of uniform size in which are placed, mechanically	45312
and randomly, serially numbered slips of paper that may be punched	45313
or drawn from the hole or receptacle when used in conjunction with	45314
instant bingo. A player may punch or draw the numbered slips of	45315
paper from the holes or receptacles and obtain the prize	45316
established for the game if the number drawn corresponds to a	45317
winning number or, if the punch board includes the use of a seal	45318
card, a potential winning number.	45319

(JJ) "Gross profit" means gross receipts minus the amount	45320
actually expended for the payment of prize awards.	45321

(KK) "Net profit" means gross profit minus expenses.

45322

(LL) "Expenses" means the reasonable amount of gross profit	45323
actually expended for all of the following:	45324

(1) The purchase or lease of bingo supplies;

45325

(2) The annual license fee required under section 2915.08 of	45326
the Revised Code;	45327

(3) Bank fees and service charges for a bingo session or game	45328
account described in section 2915.10 of the Revised Code;	45329

(4) Audits and accounting services;

45330

(5) Safes;

45331

(6) Cash registers;

45332

(7) Hiring security personnel;

45333

(8) Advertising bingo;

45334

(9) Renting premises in which to conduct a bingo session;

45335

(10) Tables and chairs;

45336

(11) Expenses for maintaining and operating a charitable	45337
organization's facilities, including, but not limited to, a post	45338
home, club house, lounge, tavern, or canteen and any grounds	45339
attached to the post home, club house, lounge, tavern, or canteen;	45340

(12) Payment of real property taxes and assessments that are	45341
levied on a premises on which bingo is conducted;	45342

(13) Any other product or service directly related to the	45343
conduct of bingo that is authorized in rules adopted by the	45344
attorney general under division (B)(1) of section 2915.08 of the	45345
Revised Code.	45346

(MM) "Person" has the same meaning as in section 1.59 of the	45347
Revised Code and includes any firm or any other legal entity,	45348
however organized.	45349

(NN) "Revoke" means to void permanently all rights and	45350
privileges of the holder of a license issued under section	45351
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	45352
gaming license issued by another jurisdiction.	45353

(OO) "Suspend" means to interrupt temporarily all rights and	45354
privileges of the holder of a license issued under section	45355
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	45356
gaming license issued by another jurisdiction.	45357

(PP) "Distributor" means any person who purchases or obtains	45358
bingo supplies and who does either of the following:	45359

(1) Sells, offers for sale, or otherwise provides or offers	45360
to provide the bingo supplies to another person for use in this	45361
state;	45362

(2) Modifies, converts, adds to, or removes parts from the	45363
bingo supplies to further their promotion or sale for use in this	45364
state.	45365

(QQ) "Manufacturer" means any person who assembles completed	45366
bingo supplies from raw materials, other items, or subparts or who	45367
modifies, converts, adds to, or removes parts from bingo supplies	45368
to further their promotion or sale.	45369

(RR) "Gross annual revenues" means the annual gross receipts	45370
derived from the conduct of bingo described in division (S)(1) of	45371
this section plus the annual net profit derived from the conduct	45372
of bingo described in division (S)(2) of this section.	45373

(SS) "Instant bingo ticket dispenser" means a mechanical	45374
device that dispenses an instant bingo ticket or card as the sole	45375
item of value dispensed and that has the following	45376
characteristics:	45377

(1) It is activated upon the insertion of United States	45378
currency.	45379

(2) It performs no gaming functions.

45380

(3) It does not contain a video display monitor or generate	45381
noise.	45382

(4) It is not capable of displaying any numbers, letters,	45383
symbols, or characters in winning or losing combinations.	45384

(5) It does not simulate or display rolling or spinning	45385
reels.	45386

(6) It is incapable of determining whether a dispensed bingo	45387
ticket or card is a winning or nonwinning ticket or card and	45388
requires a winning ticket or card to be paid by a bingo game	45389
operator.	45390

(7) It may provide accounting and security features to aid in	45391
accounting for the instant bingo tickets or cards it dispenses.	45392

(8) It is not part of an electronic network and is not	45393
interactive.	45394

(TT)(1) "Electronic bingo aid" means an electronic device	45395
used by a participant to monitor bingo cards or sheets purchased	45396
at the time and place of a bingo session and that does all of the	45397
following:	45398

(a) It provides a means for a participant to input numbers	45399
and letters announced by a bingo caller.	45400

(b) It compares the numbers and letters entered by the	45401
participant to the bingo faces previously stored in the memory of	45402
the device.	45403

45404

(2) "Electronic bingo aid" does not include any device into	45405
which a coin, currency, token, or an equivalent is inserted to	45406
activate play.	45407

(UU) "Deal of instant bingo tickets" means a single game of	45408
instant bingo tickets all with the same serial number.	45409

(VV)(1) "Slot machine" means either of the following:

45410

(a) Any mechanical, electronic, video, or digital device that	45411
is capable of accepting anything of value, directly or indirectly,	45412
from or on behalf of a player who gives the thing of value in the	45413
hope of gain;	45414

(b) Any mechanical, electronic, video, or digital device that	45415
is capable of accepting anything of value, directly or indirectly,	45416
from or on behalf of a player to conduct bingo or a scheme or game	45417
of chance.	45418

(2) "Slot machine" does not include a skill-based amusement	45419
machine or an instant bingo ticket dispenser.	45420

(WW) "Net profit from the proceeds of the sale of instant	45421
bingo" means gross profit minus the ordinary, necessary, and	45422
reasonable expense expended for the purchase of instant bingo	45423
supplies.	45424

(XX) "Charitable instant bingo organization" means an	45425
organization that is exempt from federal income taxation under	45426
subsection 501(a) and described in subsection 501(c)(3) of the	45427
Internal Revenue Code and is a charitable organization as defined	45428
in this section. A "charitable instant bingo organization" does	45429
not include a charitable organization that is exempt from federal	45430
income taxation under subsection 501(a) and described in	45431
subsection 501(c)(3) of the Internal Revenue Code and that is	45432
created by a veteran's organization, a fraternal organization, or	45433
a sporting organization in regards to bingo conducted or assisted	45434
by a veteran's organization, a fraternal organization, or a	45435
sporting organization pursuant to section 2915.13 of the Revised	45436
Code.	45437

(YY) "Game flare" means the board or placard that accompanies	45438
each deal of instant bingo tickets and that has printed on or	45439
affixed to it the following information for the game:	45440

(1) The name of the game;

45441

(2) The manufacturer's name or distinctive logo;

45442

(3) The form number;

45443

(4) The ticket count;

45444

(5) The prize structure, including the number of winning	45445
instant bingo tickets by denomination and the respective winning	45446
symbol or number combinations for the winning instant bingo	45447
tickets;	45448

(6) The cost per play;

45449

(7) The serial number of the game.

45450

(ZZ) "Historic railroad educational organization" means an	45451
organization that is exempt from federal income taxation under	45452
subsection 501(a) and described in subsection 501(c)(3) of the	45453
Internal Revenue Code, that owns in fee simple the tracks and the	45454
right-of-way of a historic railroad that the organization restores	45455
or maintains and on which the organization provides excursions as	45456
part of a program to promote tourism and educate visitors	45457
regarding the role of railroad transportation in Ohio history, and	45458
that received as donations from a charitable organization that	45459
holds a license to conduct bingo under this chapter an amount	45460
equal to at least fifty per cent of that licensed charitable	45461
organization's net proceeds from the conduct of bingo during each	45462
of the five years preceding June 30, 2003. "Historic railroad"	45463
means all or a portion of the tracks and right-of-way of a	45464
railroad that was owned and operated by a for-profit common	45465
carrier in this state at any time prior to January 1, 1950.	45466

(AAA)(1) "Skill-based amusement machine" means a mechanical,	45467
video, digital, or electronic device that rewards the player or	45468
players, if at all, only with merchandise prizes or with	45469
redeemable vouchers redeemable only for merchandise prizes,	45470
provided that with respect to rewards for playing the game all of	45471
the following apply:	45472

(a) The wholesale value of a merchandise prize awarded as a	45473
result of the single play of a machine does not exceed ten	45474
dollars;	45475

(b) Redeemable vouchers awarded for any single play of a	45476
machine are not redeemable for a merchandise prize with a	45477
wholesale value of more than ten dollars;	45478

(c) Redeemable vouchers are not redeemable for a merchandise	45479
prize that has a wholesale value of more than ten dollars times	45480
the fewest number of single plays necessary to accrue the	45481
redeemable vouchers required to obtain that prize; and	45482

(d) Any redeemable vouchers or merchandise prizes are	45483
distributed at the site of the skill-based amusement machine at	45484
the time of play.	45485

A card for the purchase of gasoline is a redeemable voucher	45486
for purposes of division (AAA)(1) of this section even if the	45487
skill-based amusement machine for the play of which the card is	45488
awarded is located at a place where gasoline may not be legally	45489
distributed to the public or the card is not redeemable at the	45490
location of, or at the time of playing, the skill-based amusement	45491
machine.	45492

(2) A device shall not be considered a skill-based amusement	45493
machine and shall be considered a slot machine if it pays cash or	45494
one or more of the following apply:	45495

(a) The ability of a player to succeed at the game is	45496
impacted by the number or ratio of prior wins to prior losses of	45497
players playing the game.	45498

(b) Any reward of redeemable vouchers is not based solely on	45499
the player achieving the object of the game or the player's score;	45500

(c) The outcome of the game, or the value of the redeemable	45501
voucher or merchandise prize awarded for winning the game, can be	45502
controlled by a source other than any player playing the game.	45503

(d) The success of any player is or may be determined by a	45504
chance event that cannot be altered by player actions.	45505

(e) The ability of any player to succeed at the game is	45506
determined by game features not visible or known to the player.	45507

(f) The ability of the player to succeed at the game is	45508
impacted by the exercise of a skill that no reasonable player	45509
could exercise.	45510

(3) All of the following apply to any machine that is	45511
operated as described in division (AAA)(1) of this section:	45512

(a) As used in this section, "game" and "play" mean one event	45513
from the initial activation of the machine until the results of	45514
play are determined without payment of additional consideration.	45515
An individual utilizing a machine that involves a single game,	45516
play, contest, competition, or tournament may be awarded	45517
redeemable vouchers or merchandise prizes based on the results of	45518
play.	45519

(b) Advance play for a single game, play, contest,	45520
competition, or tournament participation may be purchased. The	45521
cost of the contest, competition, or tournament participation may	45522
be greater than a single noncontest, competition, or tournament	45523
play.	45524

(c) To the extent that the machine is used in a contest,	45525
competition, or tournament, that contest, competition, or	45526
tournament has a defined starting and ending date and is open to	45527
participants in competition for scoring and ranking results toward	45528
the awarding of redeemable vouchers or merchandise prizes that are	45529
stated prior to the start of the contest, competition, or	45530
tournament.	45531

(4) For purposes of division (AAA)(1) of this section, the	45532
mere presence of a device, such as a pin-setting, ball-releasing,	45533
or scoring mechanism, that does not contribute to or affect the	45534
outcome of the play of the game does not make the device a	45535
skill-based amusement machine.	45536

(BBB) "Merchandise prize" means any item of value, but shall	45537
not include any of the following:	45538

(1) Cash, gift cards, or any equivalent thereof;

45539

(2) Plays on games of chance, state lottery tickets, bingo,	45540
or instant bingo;	45541

(3) Firearms, tobacco, or alcoholic beverages; or

45542

(4) A redeemable voucher that is redeemable for any of the	45543
items listed in division (BBB)(1), (2), or (3) of this section.	45544

(CCC) "Redeemable voucher" means any ticket, token, coupon,	45545
receipt, or other noncash representation of value.	45546

(DDD) "Pool not conducted for profit" means a scheme in which	45547
a participant gives a valuable consideration for a chance to win a	45548
prize and the total amount of consideration wagered is distributed	45549
to a participant or participants.	45550

(EEE) "Sporting organization" means a hunting, fishing, or	45551
trapping organization, other than a college or high school	45552
fraternity or sorority, that is not organized for profit, that is	45553
affiliated with a state or national sporting organization,	45554
including but not limited to, the Ohio league of sportsmen, and	45555
that has been in continuous existence in this state for a period	45556
of three years.	45557

(FFF) "Community action agency" has the same meaning as in	45558
section 122.66 of the Revised Code.	45559

Sec. 2917.40. (A) As used in this section:

45560

(1) "Live entertainment performance" means any live speech;	45561
any live musical performance, including a concert; any live	45562
dramatic performance; any live variety show; and any other live	45563
performance with respect to which the primary intent of the	45564
audience can be construed to be viewing the performers. A "live	45565
entertainment performance" does not include any form of	45566
entertainment with respect to which the person purchasing a ticket	45567
routinely participates in amusements as well as views performers.	45568

(2) "Restricted entertainment area" means any wholly or	45569
partially enclosed area, whether indoors or outdoors, that has	45570
limited access through established entrances, or established	45571
~~turnstyles~~turnstiles or similar devices.	45572

(3) "Concert" means a musical performance of which the	45573
primary component is a presentation by persons singing or playing	45574
musical instruments, that is intended by its sponsors mainly, but	45575
not necessarily exclusively, for the listening enjoyment of the	45576
audience, and that is held in a facility. A "concert" does not	45577
include any performance in which music is a part of the	45578
presentation and the primary component of which is acting,	45579
dancing, a motion picture, a demonstration of skills or talent	45580
other than singing or playing an instrument, an athletic event, an	45581
exhibition, or a speech.	45582

(4) "Facility" means any structure that has a roof or partial	45583
roof and that has walls that wholly surround the area on all	45584
sides, including, but not limited to, a stadium, hall, arena,	45585
armory, auditorium, ballroom, exhibition hall, convention center,	45586
or music hall.	45587

(5) "Person" includes, in addition to an individual or entity	45588
specified in division (C) of section 1.59 of the Revised Code, any	45589
governmental entity.	45590

(B)(1) No person shall sell, offer to sell, or offer in	45591
return for a donation any ticket that is not numbered and that	45592
does not correspond to a specific seat for admission to either of	45593
the following:	45594

(a) A live entertainment performance that is not exempted	45595
under division (D) of this section, that is held in a restricted	45596
entertainment area, and for which more than eight thousand tickets	45597
are offered to the public;	45598

(b) A concert that is not exempted under division (D) of this	45599
section and for which more than three thousand tickets are offered	45600
to the public.	45601

(2) No person shall advertise any live entertainment	45602
performance as described in division (B)(1)(a) of this section or	45603
any concert as described in division (B)(1)(b) of this section,	45604
unless the advertisement contains the words "Reserved Seats Only."	45605

(C) Unless exempted by division (D)(1) of this section, no	45606
person who owns or operates any restricted entertainment area	45607
shall fail to open, maintain, and properly staff at least the	45608
number of entrances designated under division (E) of this section	45609
for a minimum of ninety minutes prior to the scheduled start of	45610
any live entertainment performance that is held in the restricted	45611
entertainment area and for which more than three thousand tickets	45612
are sold, offered for sale, or offered in return for a donation.	45613

(D)(1) A live entertainment performance, other than a	45614
concert, is exempted from the provisions of divisions (B) and (C)	45615
of this section if both of the following apply:	45616

(a) The restricted entertainment area in which the	45617
performance is held has at least eight entrances or, if both	45618
entrances and separate admission ~~turnstyles~~turnstiles or similar	45619
devices are used, has at least eight ~~turnstyles~~turnstiles or	45620
similar devices;	45621

(b) The eight entrances or, if applicable, the eight	45622
~~turnstyles~~turnstiles or similar devices are opened, maintained,	45623
and properly staffed at least one hour prior to the scheduled	45624
start of the performance.	45625

(2)(a) The chief of the police department of a township	45626
police district or joint police district in the case of a facility	45627
located within the district, the officer responsible for public	45628
safety within a municipal corporation in the case of a facility	45629
located within the municipal corporation, or the county sheriff in	45630
the case of a facility located outside the boundaries of a	45631
township or joint police district or municipal corporation may,	45632
upon application of the sponsor of a concert covered by division	45633
(B) of this section, exempt the concert from the provisions of	45634
that division if the official finds that the health, safety, and	45635
welfare of the participants and spectators would not be	45636
substantially affected by failure to comply with the provisions of	45637
that division.	45638

In determining whether to grant an exemption, the official	45639
shall consider the following factors:	45640

(i) The size and design of the facility in which the concert	45641
is scheduled;	45642

(ii) The size, age, and anticipated conduct of the crowd	45643
expected to attend the concert;	45644

(iii) The ability of the sponsor to manage and control the	45645
expected crowd.	45646

If the sponsor of any concert desires to obtain an exemption	45647
under this division, the sponsor shall apply to the appropriate	45648
official on a form prescribed by that official. The official shall	45649
issue an order that grants or denies the exemption within five	45650
days after receipt of the application. The sponsor may appeal any	45651
order that denies an exemption to the court of common pleas of the	45652
county in which the facility is located.	45653

(b) If an official grants an exemption under division	45654
(D)(2)(a) of this section, the official shall designate an on-duty	45655
law enforcement officer to be present at the concert. The	45656
designated officer has authority to issue orders to all security	45657
personnel at the concert to protect the health, safety, and	45658
welfare of the participants and spectators.	45659

(3) Notwithstanding division (D)(2) of this section, in the	45660
case of a concert held in a facility located on the campus of an	45661
educational institution covered by section 3345.04 of the Revised	45662
Code, a state university law enforcement officer appointed	45663
pursuant to sections 3345.04 and 3345.21 of the Revised Code shall	45664
do both of the following:	45665

(a) Exercise the authority to grant exemptions provided by	45666
division (D)(2)(a) of this section in lieu of an official	45667
designated in that division;	45668

(b) If the officer grants an exemption under division	45669
(D)(3)(a) of this section, designate an on-duty state university	45670
law enforcement officer to be present at the concert. The	45671
designated officer has authority to issue orders to all security	45672
personnel at the concert to protect the health, safety, and	45673
welfare of the participants and spectators.	45674

(E)(1) Unless a live entertainment performance is exempted by	45675
division (D)(1) of this section, the chief of the police	45676
department of a township police district or joint police district	45677
in the case of a restricted entertainment area located within the	45678
district, the officer responsible for public safety within a	45679
municipal corporation in the case of a restricted entertainment	45680
area located within the municipal corporation, or the county	45681
sheriff in the case of a restricted entertainment area located	45682
outside the boundaries of a township or joint police district or	45683
municipal corporation shall designate, for purposes of division	45684
(C) of this section, the minimum number of entrances required to	45685
be opened, maintained, and staffed at each live entertainment	45686
performance so as to permit crowd control and reduce congestion at	45687
the entrances. The designation shall be based on such factors as	45688
the size and nature of the crowd expected to attend the live	45689
entertainment performance, the length of time prior to the live	45690
entertainment performance that crowds are expected to congregate	45691
at the entrances, and the amount of security provided at the	45692
restricted entertainment area.	45693

(2) Notwithstanding division (E)(1) of this section, a state	45694
university law enforcement officer appointed pursuant to sections	45695
3345.04 and 3345.21 of the Revised Code shall designate the number	45696
of entrances required to be opened, maintained, and staffed in the	45697
case of a live entertainment performance that is held at a	45698
restricted entertainment area located on the campus of an	45699
educational institution covered by section 3345.04 of the Revised	45700
Code.	45701

(F) No person shall enter into any contract for a live	45702
entertainment performance, that does not permit or require	45703
compliance with this section.	45704

(G)(1) This section does not apply to a live entertainment	45705
performance held in a restricted entertainment area if one	45706
admission ticket entitles the holder to view or participate in	45707
three or more different games, rides, activities, or live	45708
entertainment performances occurring simultaneously at different	45709
sites within the restricted entertainment area and if the initial	45710
admittance entrance to the restricted entertainment area, for	45711
which the ticket is required, is separate from the entrance to any	45712
specific live entertainment performance and an additional ticket	45713
is not required for admission to the particular live entertainment	45714
performance.	45715

(2) This section does not apply to a symphony orchestra	45716
performance, a ballet performance, horse races, dances, or fairs.	45717

(H) This section does not prohibit the legislative authority	45718
of any municipal corporation from imposing additional	45719
requirements, not in conflict with this section, for the promotion	45720
or holding of live entertainment performances.	45721

(I) Whoever violates division (B), (C), or (F) of this	45722
section is guilty of a misdemeanor of the first degree. If any	45723
individual suffers physical harm to ~~his~~the individual's person as	45724
a result of a violation of this section, the sentencing court	45725
shall consider this factor in favor of imposing a term of	45726
imprisonment upon the offender.	45727

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	45728
violation of section 2919.27 of the Revised Code or of a municipal	45729
ordinance that is substantially similar to that section, the court	45730
may order an evaluation of the mental condition of the defendant	45731
if the court determines that either of the following criteria	45732
apply:	45733

(i) If the alleged violation is a violation of a protection	45734
order issued or consent agreement approved pursuant to section	45735
2919.26 or 3113.31 of the Revised Code, that the violation	45736
allegedly involves conduct by the defendant that caused physical	45737
harm to the person or property of a family or household member	45738
covered by the order or agreement, or conduct by the defendant	45739
that caused a family or household member to believe that the	45740
defendant would cause physical harm to that member or that	45741
member's property.	45742

(ii) If the alleged violation is a violation of a protection	45743
order issued pursuant to section 2903.213 or 2903.214 of the	45744
Revised Code or a protection order issued by a court of another	45745
state, that the violation allegedly involves conduct by the	45746
defendant that caused physical harm to the person or property of	45747
the person covered by the order, or conduct by the defendant that	45748
caused the person covered by the order to believe that the	45749
defendant would cause physical harm to that person or that	45750
person's property.	45751

(b) If a defendant is charged with a violation of section	45752
2903.211 of the Revised Code or of a municipal ordinance that is	45753
substantially similar to that section, the court may order an	45754
evaluation of the mental condition of the defendant.	45755

(2) An evaluation ordered under division (A)(1) of this	45756
section shall be completed no later than thirty days from the date	45757
the order is entered pursuant to that division. In that order, the	45758
court shall do either of the following:	45759

(a) Order that the evaluation of the mental condition of the	45760
defendant be preceded by an examination conducted either by a	45761
forensic center that is designated by the department of mental	45762
health to conduct examinations and make evaluations of defendants	45763
charged with violations of section 2903.211 or 2919.27 of the	45764
Revised Code or of substantially similar municipal ordinances in	45765
the area in which the court is located, or by any other program or	45766
facility that is designated by the department of mental health or	45767
the department of developmental disabilities to conduct	45768
examinations and make evaluations of defendants charged with	45769
violations of section 2903.211 or 2919.27 of the Revised Code or	45770
of substantially similar municipal ordinances, and that is	45771
operated by either department or is certified by either department	45772
as being in compliance with the standards established under	45773
division ~~(I)~~(H) of section 5119.01 of the Revised Code or division	45774
(C) of section 5123.04 of the Revised Code.	45775

(b) Designate a center, program, or facility other than one	45776
designated by the department of mental health or the department of	45777
developmental disabilities, as described in division (A)(2)(a) of	45778
this section, to conduct the evaluation and preceding examination	45779
of the mental condition of the defendant.	45780

Whether the court acts pursuant to division (A)(2)(a) or (b)	45781
of this section, the court may designate examiners other than the	45782
personnel of the center, program, facility, or department involved	45783
to make the evaluation and preceding examination of the mental	45784
condition of the defendant.	45785

(B) If the court considers that additional evaluations of the	45786
mental condition of a defendant are necessary following the	45787
evaluation authorized by division (A) of this section, the court	45788
may order up to two additional similar evaluations. These	45789
evaluations shall be completed no later than thirty days from the	45790
date the applicable court order is entered. If more than one	45791
evaluation of the mental condition of the defendant is ordered	45792
under this division, the prosecutor and the defendant may	45793
recommend to the court an examiner whom each prefers to perform	45794
one of the evaluations and preceding examinations.	45795

(C)(1) The court may order a defendant who has been released	45796
on bail to submit to an examination under division (A) or (B) of	45797
this section. The examination shall be conducted either at the	45798
detention facility in which the defendant would have been confined	45799
if the defendant had not been released on bail, or, if so	45800
specified by the center, program, facility, or examiners involved,	45801
at the premises of the center, program, or facility. Additionally,	45802
the examination shall be conducted at the times established by the	45803
examiners involved. If such a defendant refuses to submit to an	45804
examination or a complete examination as required by the court or	45805
the center, program, facility, or examiners involved, the court	45806
may amend the conditions of the bail of the defendant and order	45807
the sheriff to take the defendant into custody and deliver the	45808
defendant to the detention facility in which the defendant would	45809
have been confined if the defendant had not been released on bail,	45810
or, if so specified by the center, program, facility, or examiners	45811
involved, to the premises of the center, program, or facility, for	45812
purposes of the examination.	45813

(2) A defendant who has not been released on bail shall be	45814
examined at the detention facility in which the defendant is	45815
confined or, if so specified by the center, program, facility, or	45816
examiners involved, at the premises of the center, program, or	45817
facility.	45818

(D) The examiner of the mental condition of a defendant under	45819
division (A) or (B) of this section shall file a written report	45820
with the court within thirty days after the entry of an order for	45821
the evaluation of the mental condition of the defendant. The	45822
report shall contain the findings of the examiner; the facts in	45823
reasonable detail on which the findings are based; the opinion of	45824
the examiner as to the mental condition of the defendant; the	45825
opinion of the examiner as to whether the defendant represents a	45826
substantial risk of physical harm to other persons as manifested	45827
by evidence of recent homicidal or other violent behavior,	45828
evidence of recent threats that placed other persons in reasonable	45829
fear of violent behavior and serious physical harm, or evidence of	45830
present dangerousness; and the opinion of the examiner as to the	45831
types of treatment or counseling that the defendant needs. The	45832
court shall provide copies of the report to the prosecutor and	45833
defense counsel.	45834

(E) The costs of any evaluation and preceding examination of	45835
a defendant that is ordered pursuant to division (A) or (B) of	45836
this section shall be taxed as court costs in the criminal case.	45837

(F) If the examiner considers it necessary in order to make	45838
an accurate evaluation of the mental condition of a defendant, an	45839
examiner under division (A) or (B) of this section may request any	45840
family or household member of the defendant to provide the	45841
examiner with information. A family or household member may, but	45842
is not required to, provide information to the examiner upon	45843
receipt of the request.	45844

(G) As used in this section:

45845

(1) "Bail" includes a recognizance.

45846

(2) "Examiner" means a psychiatrist, a licensed independent	45847
social worker who is employed by a forensic center that is	45848
certified as being in compliance with the standards established	45849
under division ~~(I)~~(H) of section 5119.01 or division (C) of	45850
section 5123.04 of the Revised Code, a licensed professional	45851
clinical counselor who is employed at a forensic center that is	45852
certified as being in compliance with such standards, or a	45853
licensed clinical psychologist, except that in order to be an	45854
examiner, a licensed clinical psychologist shall meet the criteria	45855
of division (I)(1) of section 5122.01 of the Revised Code or be	45856
employed to conduct examinations by the department of mental	45857
health or by a forensic center certified as being in compliance	45858
with the standards established under division ~~(I)~~(H) of section	45859
5119.01 or division (C) of section 5123.04 of the Revised Code	45860
that is designated by the department of mental health.	45861

(3) "Family or household member" has the same meaning as in	45862
section 2919.25 of the Revised Code.	45863

(4) "Prosecutor" has the same meaning as in section 2935.01	45864
of the Revised Code.	45865

(5) "Psychiatrist" and "licensed clinical psychologist" have	45866
the same meanings as in section 5122.01 of the Revised Code.	45867

(6) "Protection order issued by a court of another state" has	45868
the same meaning as in section 2919.27 of the Revised Code.	45869

Sec. 2921.41. (A) No public official or party official shall	45870
commit any theft offense, as defined in division (K) of section	45871
2913.01 of the Revised Code, when either of the following applies:	45872

(1) The offender uses the offender's office in aid of	45873
committing the offense or permits or assents to its use in aid of	45874
committing the offense;	45875

(2) The property or service involved is owned by this state,	45876
any other state, the United States, a county, a municipal	45877
corporation, a township, or any political subdivision, department,	45878
or agency of any of them, is owned by a political party, or is	45879
part of a political campaign fund.	45880

(B) Whoever violates this section is guilty of theft in	45881
office. Except as otherwise provided in this division, theft in	45882
office is a felony of the fifth degree. If the value of property	45883
or services stolen is five hundred dollars or more and is less	45884
than five thousand dollars, theft in office is a felony of the	45885
fourth degree. If the value of property or services stolen is five	45886
thousand dollars or more, theft in office is a felony of the third	45887
degree.	45888

(C)(1) A public official or party official who pleads guilty	45889
to theft in office and whose plea is accepted by the court or a	45890
public official or party official against whom a verdict or	45891
finding of guilt for committing theft in office is returned is	45892
forever disqualified from holding any public office, employment,	45893
or position of trust in this state.	45894

(2)(a) A court that imposes sentence for a violation of this	45895
section based on conduct described in division (A)(2) of this	45896
section shall require the public official or party official who is	45897
convicted of or pleads guilty to the offense to make restitution	45898
for all of the property or the service that is the subject of the	45899
offense, in addition to the term of imprisonment and any fine	45900
imposed. A court that imposes sentence for a violation of this	45901
section based on conduct described in division (A)(1) of this	45902
section and that determines at trial that this state or a	45903
political subdivision of this state if the offender is a public	45904
official, or a political party in the United States or this state	45905
if the offender is a party official, suffered actual loss as a	45906
result of the offense shall require the offender to make	45907
restitution to the state, political subdivision, or political	45908
party for all of the actual loss experienced, in addition to the	45909
term of imprisonment and any fine imposed.	45910

(b)(i) In any case in which a sentencing court is required to	45911
order restitution under division (C)(2)(a) of this section and in	45912
which the offender, at the time of the commission of the offense	45913
or at any other time, was a member of the public employees	45914
retirement system, the Ohio police and fire pension fund, the	45915
state teachers retirement system, the school employees retirement	45916
system, or the state highway patrol retirement system; was an	45917
electing employee, as defined in section 3305.01 of the Revised	45918
Code, participating in an alternative retirement plan provided	45919
pursuant to Chapter 3305. of the Revised Code; was a participating	45920
employee or continuing member, as defined in section 148.01 of the	45921
Revised Code, in a deferred compensation program offered by the	45922
Ohio public employees deferred compensation board; was an officer	45923
or employee of a municipal corporation who was a participant in a	45924
deferred compensation program offered by that municipal	45925
corporation; was an officer or employee of a government unit, as	45926
defined in section 148.06 of the Revised Code, who was a	45927
participant in a deferred compensation program offered by that	45928
government unit, was a participant in a deferred compensation	45929
program styled as a supplemental employee deferral plan offered by	45930
the treasurer of state, or was a participating employee,	45931
continuing member, or participant in any deferred compensation	45932
program described in this division and a member of a retirement	45933
system specified in this division or a retirement system of a	45934
municipal corporation, the entity to which restitution is to be	45935
made may file a motion with the sentencing court specifying any	45936
retirement system, any provider as defined in section 3305.01 of	45937
the Revised Code, and any deferred compensation program of which	45938
the offender was a member, electing employee, participating	45939
employee, continuing member, or participant and requesting the	45940
court to issue an order requiring the specified retirement system,	45941
the specified provider under the alternative retirement plan, or	45942
the specified deferred compensation program, or, if more than one	45943
is specified in the motion, the applicable combination of these,	45944
to withhold the amount required as restitution from any payment	45945
that is to be made under a pension, annuity, or allowance, under	45946
an option in the alternative retirement plan, under a participant	45947
account, as defined in section 148.01 of the Revised Code, or	45948
under any other type of benefit, other than a survivorship	45949
benefit, that has been or is in the future granted to the	45950
offender, from any payment of accumulated employee contributions	45951
standing to the offender's credit with that retirement system,	45952
that provider of the option under the alternative retirement plan,	45953
or that deferred compensation program, or, if more than one is	45954
specified in the motion, the applicable combination of these, and	45955
from any payment of any other amounts to be paid to the offender	45956
upon the offender's withdrawal of the offender's contributions	45957
pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of	45958
the Revised Code. A motion described in this division may be filed	45959
at any time subsequent to the conviction of the offender or entry	45960
of a guilty plea. Upon the filing of the motion, the clerk of the	45961
court in which the motion is filed shall notify the offender, the	45962
specified retirement system, the specified provider under the	45963
alternative retirement plan, or the specified deferred	45964
compensation program, or, if more than one is specified in the	45965
motion, the applicable combination of these, in writing, of all of	45966
the following: that the motion was filed; that the offender will	45967
be granted a hearing on the issuance of the requested order if the	45968
offender files a written request for a hearing with the clerk	45969
prior to the expiration of thirty days after the offender receives	45970
the notice; that, if a hearing is requested, the court will	45971
schedule a hearing as soon as possible and notify the offender,	45972
any specified retirement system, any specified provider under an	45973
alternative retirement plan, and any specified deferred	45974
compensation program of the date, time, and place of the hearing;	45975
that, if a hearing is conducted, it will be limited only to a	45976
consideration of whether the offender can show good cause why the	45977
requested order should not be issued; that, if a hearing is	45978
conducted, the court will not issue the requested order if the	45979
court determines, based on evidence presented at the hearing by	45980
the offender, that there is good cause for the requested order not	45981
to be issued; that the court will issue the requested order if a	45982
hearing is not requested or if a hearing is conducted but the	45983
court does not determine, based on evidence presented at the	45984
hearing by the offender, that there is good cause for the	45985
requested order not to be issued; and that, if the requested order	45986
is issued, any retirement system, any provider under an	45987
alternative retirement plan, and any deferred compensation program	45988
specified in the motion will be required to withhold the amount	45989
required as restitution from payments to the offender.	45990

(ii) In any case in which a sentencing court is required to	45991
order restitution under division (C)(2)(a) of this section and in	45992
which a motion requesting the issuance of a withholding order as	45993
described in division (C)(2)(b)(i) of this section is filed, the	45994
offender may receive a hearing on the motion by delivering a	45995
written request for a hearing to the court prior to the expiration	45996
of thirty days after the offender's receipt of the notice provided	45997
pursuant to division (C)(2)(b)(i) of this section. If a request	45998
for a hearing is made by the offender within the prescribed time,	45999
the court shall schedule a hearing as soon as possible after the	46000
request is made and shall notify the offender, the specified	46001
retirement system, the specified provider under the alternative	46002
retirement plan, or the specified deferred compensation program,	46003
or, if more than one is specified in the motion, the applicable	46004
combination of these, of the date, time, and place of the hearing.	46005
A hearing scheduled under this division shall be limited to a	46006
consideration of whether there is good cause, based on evidence	46007
presented by the offender, for the requested order not to be	46008
issued. If the court determines, based on evidence presented by	46009
the offender, that there is good cause for the order not to be	46010
issued, the court shall deny the motion and shall not issue the	46011
requested order. If the offender does not request a hearing within	46012
the prescribed time or if the court conducts a hearing but does	46013
not determine, based on evidence presented by the offender, that	46014
there is good cause for the order not to be issued, the court	46015
shall order the specified retirement system, the specified	46016
provider under the alternative retirement plan, or the specified	46017
deferred compensation program, or, if more than one is specified	46018
in the motion, the applicable combination of these, to withhold	46019
the amount required as restitution under division (C)(2)(a) of	46020
this section from any payments to be made under a pension,	46021
annuity, or allowance, under a participant account, as defined in	46022
section 148.01 of the Revised Code, under an option in the	46023
alternative retirement plan, or under any other type of benefit,	46024
other than a survivorship benefit, that has been or is in the	46025
future granted to the offender, from any payment of accumulated	46026
employee contributions standing to the offender's credit with that	46027
retirement system, that provider under the alternative retirement	46028
plan, or that deferred compensation program, or, if more than one	46029
is specified in the motion, the applicable combination of these,	46030
and from any payment of any other amounts to be paid to the	46031
offender upon the offender's withdrawal of the offender's	46032
contributions pursuant to Chapter 145., 148., 742., 3307., 3309.,	46033
or 5505. of the Revised Code, and to continue the withholding for	46034
that purpose, in accordance with the order, out of each payment to	46035
be made on or after the date of issuance of the order, until	46036
further order of the court. Upon receipt of an order issued under	46037
this division, the public employees retirement system, the Ohio	46038
police and fire pension fund, the state teachers retirement	46039
system, the school employees retirement system, the state highway	46040
patrol retirement system, a municipal corporation retirement	46041
system, the provider under the alternative retirement plan, and	46042
the deferred compensation program offered by the Ohio public	46043
employees deferred compensation board, treasurer of state, a	46044
municipal corporation, or a government unit, as defined in section	46045
148.06 of the Revised Code, whichever are applicable, shall	46046
withhold the amount required as restitution, in accordance with	46047
the order, from any such payments and immediately shall forward	46048
the amount withheld to the clerk of the court in which the order	46049
was issued for payment to the entity to which restitution is to be	46050
made.	46051

(iii) Service of a notice required by division (C)(2)(b)(i)	46052
or (ii) of this section shall be effected in the same manner as	46053
provided in the Rules of Civil Procedure for the service of	46054
process.	46055

(D) Upon the filing of charges against a person under this	46056
section, the prosecutor, as defined in section 2935.01 of the	46057
Revised Code, who is assigned the case shall send written notice	46058
that charges have been filed against that person to the public	46059
employees retirement system, the Ohio police and fire pension	46060
fund, the state teachers retirement system, the school employees	46061
retirement system, the state highway patrol retirement system, the	46062
provider under an alternative retirement plan, any municipal	46063
corporation retirement system in this state, and the deferred	46064
compensation program offered by the Ohio public employees deferred	46065
compensation board, treasurer of state, a municipal corporation,	46066
or a government unit, as defined in section 148.06 of the Revised	46067
Code. The written notice shall specifically identify the person	46068
charged.	46069

Sec. 2925.03. (A) No person shall knowingly do any of the	46070
following:	46071

(1) Sell or offer to sell a controlled substance;

46072

(2) Prepare for shipment, ship, transport, deliver, prepare	46073
for distribution, or distribute a controlled substance, when the	46074
offender knows or has reasonable cause to believe that the	46075
controlled substance is intended for sale or resale by the	46076
offender or another person.	46077

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

46078

(1) Manufacturers, licensed health professionals authorized	46079
to prescribe drugs, pharmacists, owners of pharmacies, and other	46080
persons whose conduct is in accordance with Chapters 3719., 4715.,	46081
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	46082

(2) If the offense involves an anabolic steroid, any person	46083
who is conducting or participating in a research project involving	46084
the use of an anabolic steroid if the project has been approved by	46085
the United States food and drug administration;	46086

(3) Any person who sells, offers for sale, prescribes,	46087
dispenses, or administers for livestock or other nonhuman species	46088
an anabolic steroid that is expressly intended for administration	46089
through implants to livestock or other nonhuman species and	46090
approved for that purpose under the "Federal Food, Drug, and	46091
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	46092
and is sold, offered for sale, prescribed, dispensed, or	46093
administered for that purpose in accordance with that act.	46094

(C) Whoever violates division (A) of this section is guilty	46095
of one of the following:	46096

(1) If the drug involved in the violation is any compound,	46097
mixture, preparation, or substance included in schedule I or	46098
schedule II, with the exception of marihuana, formaldehyde,	46099
cocaine, L.S.D., heroin, and hashish, whoever violates division	46100
(A) of this section is guilty of aggravated trafficking in drugs.	46101
The penalty for the offense shall be determined as follows:	46102

(a) Except as otherwise provided in division (C)(1)(b), (c),	46103
(d), (e), or (f) of this section, aggravated trafficking in drugs	46104
is a felony of the fourth degree, and division (C) of section	46105
2929.13 of the Revised Code applies in determining whether to	46106
impose a prison term on the offender.	46107

(b) Except as otherwise provided in division (C)(1)(c), (d),	46108
(e), or (f) of this section, if the offense was committed in the	46109
vicinity of a school or in the vicinity of a juvenile, aggravated	46110
trafficking in drugs is a felony of the third degree, and division	46111
(C) of section 2929.13 of the Revised Code applies in determining	46112
whether to impose a prison term on the offender.	46113

(c) Except as otherwise provided in this division, if the	46114
amount of the drug involved equals or exceeds the bulk amount but	46115
is less than five times the bulk amount, aggravated trafficking in	46116
drugs is a felony of the third degree, and the court shall impose	46117
as a mandatory prison term one of the prison terms prescribed for	46118
a felony of the third degree. If the amount of the drug involved	46119
is within that range and if the offense was committed in the	46120
vicinity of a school or in the vicinity of a juvenile, aggravated	46121
trafficking in drugs is a felony of the second degree, and the	46122
court shall impose as a mandatory prison term one of the prison	46123
terms prescribed for a felony of the second degree.	46124

(d) Except as otherwise provided in this division, if the	46125
amount of the drug involved equals or exceeds five times the bulk	46126
amount but is less than fifty times the bulk amount, aggravated	46127
trafficking in drugs is a felony of the second degree, and the	46128
court shall impose as a mandatory prison term one of the prison	46129
terms prescribed for a felony of the second degree. If the amount	46130
of the drug involved is within that range and if the offense was	46131
committed in the vicinity of a school or in the vicinity of a	46132
juvenile, aggravated trafficking in drugs is a felony of the first	46133
degree, and the court shall impose as a mandatory prison term one	46134
of the prison terms prescribed for a felony of the first degree.	46135

(e) If the amount of the drug involved equals or exceeds	46136
fifty times the bulk amount but is less than one hundred times the	46137
bulk amount and regardless of whether the offense was committed in	46138
the vicinity of a school or in the vicinity of a juvenile,	46139
aggravated trafficking in drugs is a felony of the first degree,	46140
and the court shall impose as a mandatory prison term one of the	46141
prison terms prescribed for a felony of the first degree.	46142

(f) If the amount of the drug involved equals or exceeds one	46143
hundred times the bulk amount and regardless of whether the	46144
offense was committed in the vicinity of a school or in the	46145
vicinity of a juvenile, aggravated trafficking in drugs is a	46146
felony of the first degree, the offender is a major drug offender,	46147
and the court shall impose as a mandatory prison term the maximum	46148
prison term prescribed for a felony of the first degree and may	46149
impose an additional prison term prescribed for a major drug	46150
offender under division (D)(3)(b) of section 2929.14 of the	46151
Revised Code.	46152

(2) If the drug involved in the violation is any compound,	46153
mixture, preparation, or substance included in schedule III, IV,	46154
or V, whoever violates division (A) of this section is guilty of	46155
trafficking in drugs. The penalty for the offense shall be	46156
determined as follows:	46157

(a) Except as otherwise provided in division (C)(2)(b), (c),	46158
(d), or (e) of this section, trafficking in drugs is a felony of	46159
the fifth degree, and division (C) of section 2929.13 of the	46160
Revised Code applies in determining whether to impose a prison	46161
term on the offender.	46162

(b) Except as otherwise provided in division (C)(2)(c), (d),	46163
or (e) of this section, if the offense was committed in the	46164
vicinity of a school or in the vicinity of a juvenile, trafficking	46165
in drugs is a felony of the fourth degree, and division (C) of	46166
section 2929.13 of the Revised Code applies in determining whether	46167
to impose a prison term on the offender.	46168

(c) Except as otherwise provided in this division, if the	46169
amount of the drug involved equals or exceeds the bulk amount but	46170
is less than five times the bulk amount, trafficking in drugs is a	46171
felony of the fourth degree, and there is a presumption for a	46172
prison term for the offense. If the amount of the drug involved is	46173
within that range and if the offense was committed in the vicinity	46174
of a school or in the vicinity of a juvenile, trafficking in drugs	46175
is a felony of the third degree, and there is a presumption for a	46176
prison term for the offense.	46177

(d) Except as otherwise provided in this division, if the	46178
amount of the drug involved equals or exceeds five times the bulk	46179
amount but is less than fifty times the bulk amount, trafficking	46180
in drugs is a felony of the third degree, and there is a	46181
presumption for a prison term for the offense. If the amount of	46182
the drug involved is within that range and if the offense was	46183
committed in the vicinity of a school or in the vicinity of a	46184
juvenile, trafficking in drugs is a felony of the second degree,	46185
and there is a presumption for a prison term for the offense.	46186

(e) Except as otherwise provided in this division, if the	46187
amount of the drug involved equals or exceeds fifty times the bulk	46188
amount, trafficking in drugs is a felony of the second degree, and	46189
the court shall impose as a mandatory prison term one of the	46190
prison terms prescribed for a felony of the second degree. If the	46191
amount of the drug involved equals or exceeds fifty times the bulk	46192
amount and if the offense was committed in the vicinity of a	46193
school or in the vicinity of a juvenile, trafficking in drugs is a	46194
felony of the first degree, and the court shall impose as a	46195
mandatory prison term one of the prison terms prescribed for a	46196
felony of the first degree.	46197

(3) If the drug involved in the violation is marihuana or a	46198
compound, mixture, preparation, or substance containing marihuana	46199
other than hashish, whoever violates division (A) of this section	46200
is guilty of trafficking in marihuana. The penalty for the offense	46201
shall be determined as follows:	46202

(a) Except as otherwise provided in division (C)(3)(b), (c),	46203
(d), (e), (f), or (g) of this section, trafficking in marihuana is	46204
a felony of the fifth degree, and division (C) of section 2929.13	46205
of the Revised Code applies in determining whether to impose a	46206
prison term on the offender.	46207

(b) Except as otherwise provided in division (C)(3)(c), (d),	46208
(e), (f), or (g) of this section, if the offense was committed in	46209
the vicinity of a school or in the vicinity of a juvenile,	46210
trafficking in marihuana is a felony of the fourth degree, and	46211
division (C) of section 2929.13 of the Revised Code applies in	46212
determining whether to impose a prison term on the offender.	46213

(c) Except as otherwise provided in this division, if the	46214
amount of the drug involved equals or exceeds two hundred grams	46215
but is less than one thousand grams, trafficking in marihuana is a	46216
felony of the fourth degree, and division (C) of section 2929.13	46217
of the Revised Code applies in determining whether to impose a	46218
prison term on the offender. If the amount of the drug involved is	46219
within that range and if the offense was committed in the vicinity	46220
of a school or in the vicinity of a juvenile, trafficking in	46221
marihuana is a felony of the third degree, and division (C) of	46222
section 2929.13 of the Revised Code applies in determining whether	46223
to impose a prison term on the offender.	46224

(d) Except as otherwise provided in this division, if the	46225
amount of the drug involved equals or exceeds one thousand grams	46226
but is less than five thousand grams, trafficking in marihuana is	46227
a felony of the third degree, and division (C) of section 2929.13	46228
of the Revised Code applies in determining whether to impose a	46229
prison term on the offender. If the amount of the drug involved is	46230
within that range and if the offense was committed in the vicinity	46231
of a school or in the vicinity of a juvenile, trafficking in	46232
marihuana is a felony of the second degree, and there is a	46233
presumption that a prison term shall be imposed for the offense.	46234

(e) Except as otherwise provided in this division, if the	46235
amount of the drug involved equals or exceeds five thousand grams	46236
but is less than twenty thousand grams, trafficking in marihuana	46237
is a felony of the third degree, and there is a presumption that a	46238
prison term shall be imposed for the offense. If the amount of the	46239
drug involved is within that range and if the offense was	46240
committed in the vicinity of a school or in the vicinity of a	46241
juvenile, trafficking in marihuana is a felony of the second	46242
degree, and there is a presumption that a prison term shall be	46243
imposed for the offense.	46244

(f) Except as otherwise provided in this division, if the	46245
amount of the drug involved equals or exceeds twenty thousand	46246
grams, trafficking in marihuana is a felony of the second degree,	46247
and the court shall impose as a mandatory prison term the maximum	46248
prison term prescribed for a felony of the second degree. If the	46249
amount of the drug involved equals or exceeds twenty thousand	46250
grams and if the offense was committed in the vicinity of a school	46251
or in the vicinity of a juvenile, trafficking in marihuana is a	46252
felony of the first degree, and the court shall impose as a	46253
mandatory prison term the maximum prison term prescribed for a	46254
felony of the first degree.	46255

(g) Except as otherwise provided in this division, if the	46256
offense involves a gift of twenty grams or less of marihuana,	46257
trafficking in marihuana is a minor misdemeanor upon a first	46258
offense and a misdemeanor of the third degree upon a subsequent	46259
offense. If the offense involves a gift of twenty grams or less of	46260
marihuana and if the offense was committed in the vicinity of a	46261
school or in the vicinity of a juvenile, trafficking in marihuana	46262
is a misdemeanor of the third degree.	46263

(4) If the drug involved in the violation is cocaine or a	46264
compound, mixture, preparation, or substance containing cocaine,	46265
whoever violates division (A) of this section is guilty of	46266
trafficking in cocaine. The penalty for the offense shall be	46267
determined as follows:	46268

(a) Except as otherwise provided in division (C)(4)(b), (c),	46269
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	46270
felony of the fifth degree, and division (C) of section 2929.13 of	46271
the Revised Code applies in determining whether to impose a prison	46272
term on the offender.	46273

(b) Except as otherwise provided in division (C)(4)(c), (d),	46274
(e), (f), or (g) of this section, if the offense was committed in	46275
the vicinity of a school or in the vicinity of a juvenile,	46276
trafficking in cocaine is a felony of the fourth degree, and	46277
division (C) of section 2929.13 of the Revised Code applies in	46278
determining whether to impose a prison term on the offender.	46279

(c) Except as otherwise provided in this division, if the	46280
amount of the drug involved equals or exceeds five grams but is	46281
less than ten grams of cocaine that is not crack cocaine or equals	46282
or exceeds one gram but is less than five grams of crack cocaine,	46283
trafficking in cocaine is a felony of the fourth degree, and there	46284
is a presumption for a prison term for the offense. If the amount	46285
of the drug involved is within one of those ranges and if the	46286
offense was committed in the vicinity of a school or in the	46287
vicinity of a juvenile, trafficking in cocaine is a felony of the	46288
third degree, and there is a presumption for a prison term for the	46289
offense.	46290

(d) Except as otherwise provided in this division, if the	46291
amount of the drug involved equals or exceeds ten grams but is	46292
less than one hundred grams of cocaine that is not crack cocaine	46293
or equals or exceeds five grams but is less than ten grams of	46294
crack cocaine, trafficking in cocaine is a felony of the third	46295
degree, and the court shall impose as a mandatory prison term one	46296
of the prison terms prescribed for a felony of the third degree.	46297
If the amount of the drug involved is within one of those ranges	46298
and if the offense was committed in the vicinity of a school or in	46299
the vicinity of a juvenile, trafficking in cocaine is a felony of	46300
the second degree, and the court shall impose as a mandatory	46301
prison term one of the prison terms prescribed for a felony of the	46302
second degree.	46303

(e) Except as otherwise provided in this division, if the	46304
amount of the drug involved equals or exceeds one hundred grams	46305
but is less than five hundred grams of cocaine that is not crack	46306
cocaine or equals or exceeds ten grams but is less than	46307
twenty-five grams of crack cocaine, trafficking in cocaine is a	46308
felony of the second degree, and the court shall impose as a	46309
mandatory prison term one of the prison terms prescribed for a	46310
felony of the second degree. If the amount of the drug involved is	46311
within one of those ranges and if the offense was committed in the	46312
vicinity of a school or in the vicinity of a juvenile, trafficking	46313
in cocaine is a felony of the first degree, and the court shall	46314
impose as a mandatory prison term one of the prison terms	46315
prescribed for a felony of the first degree.	46316

(f) If the amount of the drug involved equals or exceeds five	46317
hundred grams but is less than one thousand grams of cocaine that	46318
is not crack cocaine or equals or exceeds twenty-five grams but is	46319
less than one hundred grams of crack cocaine and regardless of	46320
whether the offense was committed in the vicinity of a school or	46321
in the vicinity of a juvenile, trafficking in cocaine is a felony	46322
of the first degree, and the court shall impose as a mandatory	46323
prison term one of the prison terms prescribed for a felony of the	46324
first degree.	46325

(g) If the amount of the drug involved equals or exceeds one	46326
thousand grams of cocaine that is not crack cocaine or equals or	46327
exceeds one hundred grams of crack cocaine and regardless of	46328
whether the offense was committed in the vicinity of a school or	46329
in the vicinity of a juvenile, trafficking in cocaine is a felony	46330
of the first degree, the offender is a major drug offender, and	46331
the court shall impose as a mandatory prison term the maximum	46332
prison term prescribed for a felony of the first degree and may	46333
impose an additional mandatory prison term prescribed for a major	46334
drug offender under division (D)(3)(b) of section 2929.14 of the	46335
Revised Code.	46336

(5) If the drug involved in the violation is L.S.D. or a	46337
compound, mixture, preparation, or substance containing L.S.D.,	46338
whoever violates division (A) of this section is guilty of	46339
trafficking in L.S.D. The penalty for the offense shall be	46340
determined as follows:	46341

(a) Except as otherwise provided in division (C)(5)(b), (c),	46342
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	46343
felony of the fifth degree, and division (C) of section 2929.13 of	46344
the Revised Code applies in determining whether to impose a prison	46345
term on the offender.	46346

(b) Except as otherwise provided in division (C)(5)(c), (d),	46347
(e), (f), or (g) of this section, if the offense was committed in	46348
the vicinity of a school or in the vicinity of a juvenile,	46349
trafficking in L.S.D. is a felony of the fourth degree, and	46350
division (C) of section 2929.13 of the Revised Code applies in	46351
determining whether to impose a prison term on the offender.	46352

(c) Except as otherwise provided in this division, if the	46353
amount of the drug involved equals or exceeds ten unit doses but	46354
is less than fifty unit doses of L.S.D. in a solid form or equals	46355
or exceeds one gram but is less than five grams of L.S.D. in a	46356
liquid concentrate, liquid extract, or liquid distillate form,	46357
trafficking in L.S.D. is a felony of the fourth degree, and there	46358
is a presumption for a prison term for the offense. If the amount	46359
of the drug involved is within that range and if the offense was	46360
committed in the vicinity of a school or in the vicinity of a	46361
juvenile, trafficking in L.S.D. is a felony of the third degree,	46362
and there is a presumption for a prison term for the offense.	46363

(d) Except as otherwise provided in this division, if the	46364
amount of the drug involved equals or exceeds fifty unit doses but	46365
is less than two hundred fifty unit doses of L.S.D. in a solid	46366
form or equals or exceeds five grams but is less than twenty-five	46367
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	46368
distillate form, trafficking in L.S.D. is a felony of the third	46369
degree, and the court shall impose as a mandatory prison term one	46370
of the prison terms prescribed for a felony of the third degree.	46371
If the amount of the drug involved is within that range and if the	46372
offense was committed in the vicinity of a school or in the	46373
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	46374
second degree, and the court shall impose as a mandatory prison	46375
term one of the prison terms prescribed for a felony of the second	46376
degree.	46377

(e) Except as otherwise provided in this division, if the	46378
amount of the drug involved equals or exceeds two hundred fifty	46379
unit doses but is less than one thousand unit doses of L.S.D. in a	46380
solid form or equals or exceeds twenty-five grams but is less than	46381
one hundred grams of L.S.D. in a liquid concentrate, liquid	46382
extract, or liquid distillate form, trafficking in L.S.D. is a	46383
felony of the second degree, and the court shall impose as a	46384
mandatory prison term one of the prison terms prescribed for a	46385
felony of the second degree. If the amount of the drug involved is	46386
within that range and if the offense was committed in the vicinity	46387
of a school or in the vicinity of a juvenile, trafficking in	46388
L.S.D. is a felony of the first degree, and the court shall impose	46389
as a mandatory prison term one of the prison terms prescribed for	46390
a felony of the first degree.	46391

(f) If the amount of the drug involved equals or exceeds one	46392
thousand unit doses but is less than five thousand unit doses of	46393
L.S.D. in a solid form or equals or exceeds one hundred grams but	46394
is less than five hundred grams of L.S.D. in a liquid concentrate,	46395
liquid extract, or liquid distillate form and regardless of	46396
whether the offense was committed in the vicinity of a school or	46397
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	46398
of the first degree, and the court shall impose as a mandatory	46399
prison term one of the prison terms prescribed for a felony of the	46400
first degree.	46401

(g) If the amount of the drug involved equals or exceeds five	46402
thousand unit doses of L.S.D. in a solid form or equals or exceeds	46403
five hundred grams of L.S.D. in a liquid concentrate, liquid	46404
extract, or liquid distillate form and regardless of whether the	46405
offense was committed in the vicinity of a school or in the	46406
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	46407
first degree, the offender is a major drug offender, and the court	46408
shall impose as a mandatory prison term the maximum prison term	46409
prescribed for a felony of the first degree and may impose an	46410
additional mandatory prison term prescribed for a major drug	46411
offender under division (D)(3)(b) of section 2929.14 of the	46412
Revised Code.	46413

(6) If the drug involved in the violation is heroin or a	46414
compound, mixture, preparation, or substance containing heroin,	46415
whoever violates division (A) of this section is guilty of	46416
trafficking in heroin. The penalty for the offense shall be	46417
determined as follows:	46418

(a) Except as otherwise provided in division (C)(6)(b), (c),	46419
(d), (e), (f), or (g) of this section, trafficking in heroin is a	46420
felony of the fifth degree, and division (C) of section 2929.13 of	46421
the Revised Code applies in determining whether to impose a prison	46422
term on the offender.	46423

(b) Except as otherwise provided in division (C)(6)(c), (d),	46424
(e), (f), or (g) of this section, if the offense was committed in	46425
the vicinity of a school or in the vicinity of a juvenile,	46426
trafficking in heroin is a felony of the fourth degree, and	46427
division (C) of section 2929.13 of the Revised Code applies in	46428
determining whether to impose a prison term on the offender.	46429

(c) Except as otherwise provided in this division, if the	46430
amount of the drug involved equals or exceeds ten unit doses but	46431
is less than fifty unit doses or equals or exceeds one gram but is	46432
less than five grams, trafficking in heroin is a felony of the	46433
fourth degree, and there is a presumption for a prison term for	46434
the offense. If the amount of the drug involved is within that	46435
range and if the offense was committed in the vicinity of a school	46436
or in the vicinity of a juvenile, trafficking in heroin is a	46437
felony of the third degree, and there is a presumption for a	46438
prison term for the offense.	46439

(d) Except as otherwise provided in this division, if the	46440
amount of the drug involved equals or exceeds fifty unit doses but	46441
is less than one hundred unit doses or equals or exceeds five	46442
grams but is less than ten grams, trafficking in heroin is a	46443
felony of the third degree, and there is a presumption for a	46444
prison term for the offense. If the amount of the drug involved is	46445
within that range and if the offense was committed in the vicinity	46446
of a school or in the vicinity of a juvenile, trafficking in	46447
heroin is a felony of the second degree, and there is a	46448
presumption for a prison term for the offense.	46449

(e) Except as otherwise provided in this division, if the	46450
amount of the drug involved equals or exceeds one hundred unit	46451
doses but is less than five hundred unit doses or equals or	46452
exceeds ten grams but is less than fifty grams, trafficking in	46453
heroin is a felony of the second degree, and the court shall	46454
impose as a mandatory prison term one of the prison terms	46455
prescribed for a felony of the second degree. If the amount of the	46456
drug involved is within that range and if the offense was	46457
committed in the vicinity of a school or in the vicinity of a	46458
juvenile, trafficking in heroin is a felony of the first degree,	46459
and the court shall impose as a mandatory prison term one of the	46460
prison terms prescribed for a felony of the first degree.	46461

(f) If the amount of the drug involved equals or exceeds five	46462
hundred unit doses but is less than two thousand five hundred unit	46463
doses or equals or exceeds fifty grams but is less than two	46464
hundred fifty grams and regardless of whether the offense was	46465
committed in the vicinity of a school or in the vicinity of a	46466
juvenile, trafficking in heroin is a felony of the first degree,	46467
and the court shall impose as a mandatory prison term one of the	46468
prison terms prescribed for a felony of the first degree.	46469

(g) If the amount of the drug involved equals or exceeds two	46470
thousand five hundred unit doses or equals or exceeds two hundred	46471
fifty grams and regardless of whether the offense was committed in	46472
the vicinity of a school or in the vicinity of a juvenile,	46473
trafficking in heroin is a felony of the first degree, the	46474
offender is a major drug offender, and the court shall impose as a	46475
mandatory prison term the maximum prison term prescribed for a	46476
felony of the first degree and may impose an additional mandatory	46477
prison term prescribed for a major drug offender under division	46478
(D)(3)(b) of section 2929.14 of the Revised Code.	46479

(7) If the drug involved in the violation is hashish or a	46480
compound, mixture, preparation, or substance containing hashish,	46481
whoever violates division (A) of this section is guilty of	46482
trafficking in hashish. The penalty for the offense shall be	46483
determined as follows:	46484

(a) Except as otherwise provided in division (C)(7)(b), (c),	46485
(d), (e), or (f) of this section, trafficking in hashish is a	46486
felony of the fifth degree, and division (C) of section 2929.13 of	46487
the Revised Code applies in determining whether to impose a prison	46488
term on the offender.	46489

(b) Except as otherwise provided in division (C)(7)(c), (d),	46490
(e), or (f) of this section, if the offense was committed in the	46491
vicinity of a school or in the vicinity of a juvenile, trafficking	46492
in hashish is a felony of the fourth degree, and division (C) of	46493
section 2929.13 of the Revised Code applies in determining whether	46494
to impose a prison term on the offender.	46495

(c) Except as otherwise provided in this division, if the	46496
amount of the drug involved equals or exceeds ten grams but is	46497
less than fifty grams of hashish in a solid form or equals or	46498
exceeds two grams but is less than ten grams of hashish in a	46499
liquid concentrate, liquid extract, or liquid distillate form,	46500
trafficking in hashish is a felony of the fourth degree, and	46501
division (C) of section 2929.13 of the Revised Code applies in	46502
determining whether to impose a prison term on the offender. If	46503
the amount of the drug involved is within that range and if the	46504
offense was committed in the vicinity of a school or in the	46505
vicinity of a juvenile, trafficking in hashish is a felony of the	46506
third degree, and division (C) of section 2929.13 of the Revised	46507
Code applies in determining whether to impose a prison term on the	46508
offender.	46509

(d) Except as otherwise provided in this division, if the	46510
amount of the drug involved equals or exceeds fifty grams but is	46511
less than two hundred fifty grams of hashish in a solid form or	46512
equals or exceeds ten grams but is less than fifty grams of	46513
hashish in a liquid concentrate, liquid extract, or liquid	46514
distillate form, trafficking in hashish is a felony of the third	46515
degree, and division (C) of section 2929.13 of the Revised Code	46516
applies in determining whether to impose a prison term on the	46517
offender. If the amount of the drug involved is within that range	46518
and if the offense was committed in the vicinity of a school or in	46519
the vicinity of a juvenile, trafficking in hashish is a felony of	46520
the second degree, and there is a presumption that a prison term	46521
shall be imposed for the offense.	46522

(e) Except as otherwise provided in this division, if the	46523
amount of the drug involved equals or exceeds two hundred fifty	46524
grams but is less than one thousand grams of hashish in a solid	46525
form or equals or exceeds fifty grams but is less than two hundred	46526
grams of hashish in a liquid concentrate, liquid extract, or	46527
liquid distillate form, trafficking in hashish is a felony of the	46528
third degree, and there is a presumption that a prison term shall	46529
be imposed for the offense. If the amount of the drug involved is	46530
within that range and if the offense was committed in the vicinity	46531
of a school or in the vicinity of a juvenile, trafficking in	46532
hashish is a felony of the second degree, and there is a	46533
presumption that a prison term shall be imposed for the offense.	46534

(f) Except as otherwise provided in this division, if the	46535
amount of the drug involved equals or exceeds one thousand grams	46536
of hashish in a solid form or equals or exceeds two hundred grams	46537
of hashish in a liquid concentrate, liquid extract, or liquid	46538
distillate form, trafficking in hashish is a felony of the second	46539
degree, and the court shall impose as a mandatory prison term the	46540
maximum prison term prescribed for a felony of the second degree.	46541
If the amount of the drug involved is within that range and if the	46542
offense was committed in the vicinity of a school or in the	46543
vicinity of a juvenile, trafficking in hashish is a felony of the	46544
first degree, and the court shall impose as a mandatory prison	46545
term the maximum prison term prescribed for a felony of the first	46546
degree.	46547

(8) If the drug involved in the violation is formaldehyde,	46548
whoever violates division (A) of this section is guilty of	46549
trafficking in formaldehyde. The penalty for the offense shall be	46550
determined as follows:	46551

(a) Except as otherwise provided in this division, if the	46552
amount of the drug involved is more than twenty grams of	46553
formaldehyde, in liquid concentrate, liquid extract, or liquid	46554
distillate form, trafficking in formaldehyde is a felony of the	46555
fourth degree, and division (C) of section 2929.13 of the Revised	46556
Code applies in determining whether to impose a prison term on the	46557
offender. If the offense was committed in the vicinity of a school	46558
or in the vicinity of a juvenile, trafficking in formaldehyde is a	46559
felony of the third degree, and division (C) of section 2929.13 of	46560
the Revised Code applies in determining whether to impose a prison	46561
term on the offender.	46562

(b) If the amount of the drug involved is twenty grams or	46563
less of formaldehyde, in liquid concentrate, liquid extract, or	46564
liquid distillate form, trafficking in formaldehyde is a minor	46565
misdemeanor on the first offense and a misdemeanor of the third	46566
degree upon a subsequent offense.	46567

(D) In addition to any prison term authorized or required by	46568
division (C) of this section and sections 2929.13 and 2929.14 of	46569
the Revised Code, and in addition to any other sanction imposed	46570
for the offense under this section or sections 2929.11 to 2929.18	46571
of the Revised Code, the court that sentences an offender who is	46572
convicted of or pleads guilty to a violation of division (A) of	46573
this section shall do all of the following that are applicable	46574
regarding the offender:	46575

(1) If the violation of division (A) of this section is a	46576
felony of the first, second, or third degree, the court shall	46577
impose upon the offender the mandatory fine specified for the	46578
offense under division (B)(1) of section 2929.18 of the Revised	46579
Code unless, as specified in that division, the court determines	46580
that the offender is indigent. Except as otherwise provided in	46581
division (H)(1) of this section, a mandatory fine or any other	46582
fine imposed for a violation of this section is subject to	46583
division (F) of this section. If a person is charged with a	46584
violation of this section that is a felony of the first, second,	46585
or third degree, posts bail, and forfeits the bail, the clerk of	46586
the court shall pay the forfeited bail pursuant to divisions	46587
(D)(1) and (F) of this section, as if the forfeited bail was a	46588
fine imposed for a violation of this section. If any amount of the	46589
forfeited bail remains after that payment and if a fine is imposed	46590
under division (H)(1) of this section, the clerk of the court	46591
shall pay the remaining amount of the forfeited bail pursuant to	46592
divisions (H)(2) and (3) of this section, as if that remaining	46593
amount was a fine imposed under division (H)(1) of this section.	46594

(2) The court shall suspend the driver's or commercial	46595
driver's license or permit of the offender in accordance with	46596
division (G) of this section.	46597

(3) If the offender is a professionally licensed person, the	46598
court immediately shall comply with section 2925.38 of the Revised	46599
Code.	46600

(E) When a person is charged with the sale of or offer to	46601
sell a bulk amount or a multiple of a bulk amount of a controlled	46602
substance, the jury, or the court trying the accused, shall	46603
determine the amount of the controlled substance involved at the	46604
time of the offense and, if a guilty verdict is returned, shall	46605
return the findings as part of the verdict. In any such case, it	46606
is unnecessary to find and return the exact amount of the	46607
controlled substance involved, and it is sufficient if the finding	46608
and return is to the effect that the amount of the controlled	46609
substance involved is the requisite amount, or that the amount of	46610
the controlled substance involved is less than the requisite	46611
amount.	46612

(F)(1) Notwithstanding any contrary provision of section	46613
3719.21 of the Revised Code and except as provided in division (H)	46614
of this section, the clerk of the court shall pay any mandatory	46615
fine imposed pursuant to division (D)(1) of this section and any	46616
fine other than a mandatory fine that is imposed for a violation	46617
of this section pursuant to division (A) or (B)(5) of section	46618
2929.18 of the Revised Code to the county, township, municipal	46619
corporation, park district, as created pursuant to section 511.18	46620
or 1545.04 of the Revised Code, or state law enforcement agencies	46621
in this state that primarily were responsible for or involved in	46622
making the arrest of, and in prosecuting, the offender. However,	46623
the clerk shall not pay a mandatory fine so imposed to a law	46624
enforcement agency unless the agency has adopted a written	46625
internal control policy under division (F)(2) of this section that	46626
addresses the use of the fine moneys that it receives. Each agency	46627
shall use the mandatory fines so paid to subsidize the agency's	46628
law enforcement efforts that pertain to drug offenses, in	46629
accordance with the written internal control policy adopted by the	46630
recipient agency under division (F)(2) of this section.	46631

(2)(a) Prior to receiving any fine moneys under division	46632
(F)(1) of this section or division (B) of section 2925.42 of the	46633
Revised Code, a law enforcement agency shall adopt a written	46634
internal control policy that addresses the agency's use and	46635
disposition of all fine moneys so received and that provides for	46636
the keeping of detailed financial records of the receipts of those	46637
fine moneys, the general types of expenditures made out of those	46638
fine moneys, and the specific amount of each general type of	46639
expenditure. The policy shall not provide for or permit the	46640
identification of any specific expenditure that is made in an	46641
ongoing investigation. All financial records of the receipts of	46642
those fine moneys, the general types of expenditures made out of	46643
those fine moneys, and the specific amount of each general type of	46644
expenditure by an agency are public records open for inspection	46645
under section 149.43 of the Revised Code. Additionally, a written	46646
internal control policy adopted under this division is such a	46647
public record, and the agency that adopted it shall comply with	46648
it.	46649

(b) Each law enforcement agency that receives in any calendar	46650
year any fine moneys under division (F)(1) of this section or	46651
division (B) of section 2925.42 of the Revised Code shall prepare	46652
a report covering the calendar year that cumulates all of the	46653
information contained in all of the public financial records kept	46654
by the agency pursuant to division (F)(2)(a) of this section for	46655
that calendar year, and shall send a copy of the cumulative	46656
report, no later than the first day of March in the calendar year	46657
following the calendar year covered by the report, to the attorney	46658
general. Each report received by the attorney general is a public	46659
record open for inspection under section 149.43 of the Revised	46660
Code. Not later than the fifteenth day of April in the calendar	46661
year in which the reports are received, the attorney general shall	46662
send to the president of the senate and the speaker of the house	46663
of representatives a written notification that does all of the	46664
following:	46665

(i) Indicates that the attorney general has received from law	46666
enforcement agencies reports of the type described in this	46667
division that cover the previous calendar year and indicates that	46668
the reports were received under this division;	46669

(ii) Indicates that the reports are open for inspection under	46670
section 149.43 of the Revised Code;	46671

(iii) Indicates that the attorney general will provide a copy	46672
of any or all of the reports to the president of the senate or the	46673
speaker of the house of representatives upon request.	46674

(3) As used in division (F) of this section:

46675

(a) "Law enforcement agencies" includes, but is not limited	46676
to, the state board of pharmacy and the office of a prosecutor.	46677

(b) "Prosecutor" has the same meaning as in section 2935.01	46678
of the Revised Code.	46679

(G) When required under division (D)(2) of this section or	46680
any other provision of this chapter, the court shall suspend for	46681
not less than six months or more than five years the driver's or	46682
commercial driver's license or permit of any person who is	46683
convicted of or pleads guilty to any violation of this section or	46684
any other specified provision of this chapter. If an offender's	46685
driver's or commercial driver's license or permit is suspended	46686
pursuant to this division, the offender, at any time after the	46687
expiration of two years from the day on which the offender's	46688
sentence was imposed or from the day on which the offender finally	46689
was released from a prison term under the sentence, whichever is	46690
later, may file a motion with the sentencing court requesting	46691
termination of the suspension; upon the filing of such a motion	46692
and the court's finding of good cause for the termination, the	46693
court may terminate the suspension.	46694

(H)(1) In addition to any prison term authorized or required	46695
by division (C) of this section and sections 2929.13 and 2929.14	46696
of the Revised Code, in addition to any other penalty or sanction	46697
imposed for the offense under this section or sections 2929.11 to	46698
2929.18 of the Revised Code, and in addition to the forfeiture of	46699
property in connection with the offense as prescribed in Chapter	46700
2981. of the Revised Code, the court that sentences an offender	46701
who is convicted of or pleads guilty to a violation of division	46702
(A) of this section may impose upon the offender an additional	46703
fine specified for the offense in division (B)(4) of section	46704
2929.18 of the Revised Code. A fine imposed under division (H)(1)	46705
of this section is not subject to division (F) of this section and	46706
shall be used solely for the support of one or more eligible	46707
alcohol and drug addiction programs in accordance with divisions	46708
(H)(2) and (3) of this section.	46709

(2) The court that imposes a fine under division (H)(1) of	46710
this section shall specify in the judgment that imposes the fine	46711
one or more eligible alcohol and drug addiction programs for the	46712
support of which the fine money is to be used. No alcohol and drug	46713
addiction program shall receive or use money paid or collected in	46714
satisfaction of a fine imposed under division (H)(1) of this	46715
section unless the program is specified in the judgment that	46716
imposes the fine. No alcohol and drug addiction program shall be	46717
specified in the judgment unless the program is an eligible	46718
alcohol and drug addiction program and, except as otherwise	46719
provided in division (H)(2) of this section, unless the program is	46720
located in the county in which the court that imposes the fine is	46721
located or in a county that is immediately contiguous to the	46722
county in which that court is located. If no eligible alcohol and	46723
drug addiction program is located in any of those counties, the	46724
judgment may specify an eligible alcohol and drug addiction	46725
program that is located anywhere within this state.	46726

(3) Notwithstanding any contrary provision of section 3719.21	46727
of the Revised Code, the clerk of the court shall pay any fine	46728
imposed under division (H)(1) of this section to the eligible	46729
alcohol and drug addiction program specified pursuant to division	46730
(H)(2) of this section in the judgment. The eligible alcohol and	46731
drug addiction program that receives the fine moneys shall use the	46732
moneys only for the alcohol and drug addiction services identified	46733
in the application for certification under section 3793.06 of the	46734
Revised Code or in the application for a license under section	46735
3793.11 of the Revised Code filed with the department of alcohol	46736
and drug addiction services by the alcohol and drug addiction	46737
program specified in the judgment.	46738

(4) Each alcohol and drug addiction program that receives in	46739
a calendar year any fine moneys under division (H)(3) of this	46740
section shall file an annual report covering that calendar year	46741
with the court of common pleas and the board of county	46742
commissioners of the county in which the program is located, with	46743
the court of common pleas and the board of county commissioners of	46744
each county from which the program received the moneys if that	46745
county is different from the county in which the program is	46746
located, and with the attorney general. The alcohol and drug	46747
addiction program shall file the report no later than the first	46748
day of March in the calendar year following the calendar year in	46749
which the program received the fine moneys. The report shall	46750
include statistics on the number of persons served by the alcohol	46751
and drug addiction program, identify the types of alcohol and drug	46752
addiction services provided to those persons, and include a	46753
specific accounting of the purposes for which the fine moneys	46754
received were used. No information contained in the report shall	46755
identify, or enable a person to determine the identity of, any	46756
person served by the alcohol and drug addiction program. Each	46757
report received by a court of common pleas, a board of county	46758
commissioners, or the attorney general is a public record open for	46759
inspection under section 149.43 of the Revised Code.	46760

(5) As used in divisions (H)(1) to (5) of this section:

46761

(a) "Alcohol and drug addiction program" and "alcohol and	46762
drug addiction services" have the same meanings as in section	46763
3793.01 of the Revised Code.	46764

(b) "Eligible alcohol and drug addiction program" means an	46765
alcohol and drug addiction program that is certified under section	46766
3793.06 of the Revised Code or licensed under section 3793.11 of	46767
the Revised Code by the department of alcohol and drug addiction	46768
services.	46769

(I) As used in this section, "drug" includes any substance	46770
that is represented to be a drug.	46771

Sec. 2929.71. (A) As used in this section:

46772

(1) "Agency" means any law enforcement agency, other public	46773
agency, or public official involved in the investigation or	46774
prosecution of the offender or in the investigation of the fire or	46775
explosion in an aggravated arson, arson, or criminal damaging or	46776
endangering case. An "agency" includes, but is not limited to, a	46777
sheriff's office, a municipal corporation, township, or township	46778
or joint police district police department, the office of a	46779
prosecuting attorney, city director of law, village solicitor, or	46780
similar chief legal officer of a municipal corporation, the fire	46781
marshal's office, a municipal corporation, township, or township	46782
fire district fire department, the office of a fire prevention	46783
officer, and any state, county, or municipal corporation crime	46784
laboratory.	46785

(2) "Assets" includes all forms of real or personal property.

46786

(3) "Itemized statement" means the statement of costs	46787
described in division (B) of this section.	46788

(4) "Offender" means the person who has been convicted of or	46789
pleaded guilty to committing, attempting to commit, or complicity	46790
in committing a violation of section 2909.02 or 2909.03 of the	46791
Revised Code, or, when the means used are fire or explosion,	46792
division (A)(2) of section 2909.06 of the Revised Code.	46793

(5) "Costs" means the reasonable value of the time spent by	46794
an officer or employee of an agency on the aggravated arson,	46795
arson, or criminal damaging or endangering case, any moneys spent	46796
by the agency on that case, and the reasonable fair market value	46797
of resources used or expended by the agency on that case.	46798

(B) Prior to the sentencing of an offender, the court shall	46799
enter an order that directs agencies that wish to be reimbursed by	46800
the offender for the costs they incurred in the investigation or	46801
prosecution of the offender or in the investigation of the fire or	46802
explosion involved in the case, to file with the court within a	46803
specified time an itemized statement of those costs. The order	46804
also shall require that a copy of the itemized statement be given	46805
to the offender or offender's attorney within the specified time.	46806
Only itemized statements so filed and given shall be considered at	46807
the hearing described in division (C) of this section.	46808

(C) The court shall set a date for a hearing on all the	46809
itemized statements filed with it and given to the offender or the	46810
offender's attorney in accordance with division (B) of this	46811
section. The hearing shall be held prior to the sentencing of the	46812
offender, but may be held on the same day as the sentencing.	46813
Notice of the hearing date shall be given to the offender or the	46814
offender's attorney and to the agencies whose itemized statements	46815
are involved. At the hearing, each agency has the burden of	46816
establishing by a preponderance of the evidence that the costs set	46817
forth in its itemized statement were incurred in the investigation	46818
or prosecution of the offender or in the investigation of the fire	46819
or explosion involved in the case, and of establishing by a	46820
preponderance of the evidence that the offender has assets	46821
available for the reimbursement of all or a portion of the costs.	46822

The offender may cross-examine all witnesses and examine all	46823
documentation presented by the agencies at the hearing, and the	46824
offender may present at the hearing witnesses and documentation	46825
the offender has obtained without a subpoena or a subpoena duces	46826
tecum or, in the case of documentation, that belongs to the	46827
offender. The offender also may issue subpoenas and subpoenas	46828
duces tecum for, and present and examine at the hearing, witnesses	46829
and documentation, subject to the following applying to the	46830
witnesses or documentation subpoenaed:	46831

(1) The testimony of witnesses subpoenaed or documentation	46832
subpoenaed is material to the preparation or presentation by the	46833
offender of the offender's defense to the claims of the agencies	46834
for a reimbursement of costs;	46835

(2) If witnesses to be subpoenaed are personnel of an agency	46836
or documentation to be subpoenaed belongs to an agency, the	46837
personnel or documentation may be subpoenaed only if the agency	46838
involved has indicated, pursuant to this division, that it intends	46839
to present the personnel as witnesses or use the documentation at	46840
the hearing. The offender shall submit, in writing, a request to	46841
an agency as described in this division to ascertain whether the	46842
agency intends to present various personnel as witnesses or to use	46843
particular documentation. The request shall indicate that the	46844
offender is considering issuing subpoenas to personnel of the	46845
agency who are specifically named or identified by title or	46846
position, or for documentation of the agency that is specifically	46847
described or generally identified, and shall request the agency to	46848
indicate, in writing, whether it intends to present such personnel	46849
as witnesses or to use such documentation at the hearing. The	46850
agency shall promptly reply to the request of the offender. An	46851
agency is prohibited from presenting personnel as witnesses or	46852
from using documentation at the hearing if it indicates to the	46853
offender it does not intend to do so in response to a request of	46854
the offender under this division, or if it fails to reply or	46855
promptly reply to such a request.	46856

(D) Following the hearing, the court shall determine which of	46857
the agencies established by a preponderance of the evidence that	46858
costs set forth in their itemized statements were incurred as	46859
described in division (C) of this section and that the offender	46860
has assets available for reimbursement purposes. The court also	46861
shall determine whether the offender has assets available to	46862
reimburse all such agencies, in whole or in part, for their	46863
established costs, and if it determines that the assets are	46864
available, it shall order the offender, as part of the offender's	46865
sentence, to reimburse the agencies from the offender's assets for	46866
all or a specified portion of their established costs.	46867

Sec. 2935.01. As used in this chapter:

46868

(A) "Magistrate" has the same meaning as in section 2931.01	46869
of the Revised Code.	46870

(B) "Peace officer" includes, except as provided in section	46871
2935.081 of the Revised Code, a sheriff; deputy sheriff; marshal;	46872
deputy marshal; member of the organized police department of any	46873
municipal corporation, including a member of the organized police	46874
department of a municipal corporation in an adjoining state	46875
serving in Ohio under a contract pursuant to section 737.04 of the	46876
Revised Code; member of a police force employed by a metropolitan	46877
housing authority under division (D) of section 3735.31 of the	46878
Revised Code; member of a police force employed by a regional	46879
transit authority under division (Y) of section 306.05 of the	46880
Revised Code; state university law enforcement officer appointed	46881
under section 3345.04 of the Revised Code; enforcement agent of	46882
the department of public safety designated under section 5502.14	46883
of the Revised Code; employee of the department of taxation to	46884
whom investigation powers have been delegated under section	46885
5743.45 of the Revised Code; employee of the department of natural	46886
resources who is a natural resources law enforcement staff officer	46887
designated pursuant to section 1501.013 of the Revised Code, a	46888
forest officer designated pursuant to section 1503.29 of the	46889
Revised Code, a preserve officer designated pursuant to section	46890
1517.10 of the Revised Code, a wildlife officer designated	46891
pursuant to section 1531.13 of the Revised Code, a park officer	46892
designated pursuant to section 1541.10 of the Revised Code, or a	46893
state watercraft officer designated pursuant to section 1547.521	46894
of the Revised Code; individual designated to perform law	46895
enforcement duties under section 511.232, 1545.13, or 6101.75 of	46896
the Revised Code; veterans' home police officer appointed under	46897
section 5907.02 of the Revised Code; special police officer	46898
employed by a port authority under section 4582.04 or 4582.28 of	46899
the Revised Code; police constable of any township; police officer	46900
of a township or joint ~~township~~ police district; a special police	46901
officer employed by a municipal corporation at a municipal	46902
airport, or other municipal air navigation facility, that has	46903
scheduled operations, as defined in section 119.3 of Title 14 of	46904
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and	46905
that is required to be under a security program and is governed by	46906
aviation security rules of the transportation security	46907
administration of the United States department of transportation	46908
as provided in Parts 1542. and 1544. of Title 49 of the Code of	46909
Federal Regulations, as amended; the house of representatives	46910
sergeant at arms if the house of representatives sergeant at arms	46911
has arrest authority pursuant to division (E)(1) of section	46912
101.311 of the Revised Code; and an assistant house of	46913
representatives sergeant at arms; officer or employee of the	46914
bureau of criminal identification and investigation established	46915
pursuant to section 109.51 of the Revised Code who has been	46916
awarded a certificate by the executive director of the Ohio peace	46917
officer training commission attesting to the officer's or	46918
employee's satisfactory completion of an approved state, county,	46919
municipal, or department of natural resources peace officer basic	46920
training program and who is providing assistance upon request to a	46921
law enforcement officer or emergency assistance to a peace officer	46922
pursuant to section 109.54 or 109.541 of the Revised Code; a state	46923
fire marshal law enforcement officer described in division (A)(23)	46924
of section 109.71 of the Revised Code; and, for the purpose of	46925
arrests within those areas, for the purposes of Chapter 5503. of	46926
the Revised Code, and the filing of and service of process	46927
relating to those offenses witnessed or investigated by them, the	46928
superintendent and troopers of the state highway patrol.	46929

(C) "Prosecutor" includes the county prosecuting attorney and	46930
any assistant prosecutor designated to assist the county	46931
prosecuting attorney, and, in the case of courts inferior to	46932
courts of common pleas, includes the village solicitor, city	46933
director of law, or similar chief legal officer of a municipal	46934
corporation, any such officer's assistants, or any attorney	46935
designated by the prosecuting attorney of the county to appear for	46936
the prosecution of a given case.	46937

(D) "Offense," except where the context specifically	46938
indicates otherwise, includes felonies, misdemeanors, and	46939
violations of ordinances of municipal corporations and other	46940
public bodies authorized by law to adopt penal regulations.	46941

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	46942
deputy marshal, municipal police officer, township constable,	46943
police officer of a township or joint ~~township~~ police district,	46944
member of a police force employed by a metropolitan housing	46945
authority under division (D) of section 3735.31 of the Revised	46946
Code, member of a police force employed by a regional transit	46947
authority under division (Y) of section 306.35 of the Revised	46948
Code, state university law enforcement officer appointed under	46949
section 3345.04 of the Revised Code, veterans' home police officer	46950
appointed under section 5907.02 of the Revised Code, special	46951
police officer employed by a port authority under section 4582.04	46952
or 4582.28 of the Revised Code, or a special police officer	46953
employed by a municipal corporation at a municipal airport, or	46954
other municipal air navigation facility, that has scheduled	46955
operations, as defined in section 119.3 of Title 14 of the Code of	46956
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	46957
required to be under a security program and is governed by	46958
aviation security rules of the transportation security	46959
administration of the United States department of transportation	46960
as provided in Parts 1542. and 1544. of Title 49 of the Code of	46961
Federal Regulations, as amended, shall arrest and detain, until a	46962
warrant can be obtained, a person found violating, within the	46963
limits of the political subdivision, metropolitan housing	46964
authority housing project, regional transit authority facilities	46965
or areas of a municipal corporation that have been agreed to by a	46966
regional transit authority and a municipal corporation located	46967
within its territorial jurisdiction, college, university,	46968
veterans' home operated under Chapter 5907. of the Revised Code,	46969
port authority, or municipal airport or other municipal air	46970
navigation facility, in which the peace officer is appointed,	46971
employed, or elected, a law of this state, an ordinance of a	46972
municipal corporation, or a resolution of a township.	46973

(2) A peace officer of the department of natural resources, a	46974
state fire marshal law enforcement officer described in division	46975
(A)(23) of section 109.71 of the Revised Code, or an individual	46976
designated to perform law enforcement duties under section	46977
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	46978
detain, until a warrant can be obtained, a person found violating,	46979
within the limits of the peace officer's, state fire marshal law	46980
enforcement officer's, or individual's territorial jurisdiction, a	46981
law of this state.	46982

(3) The house sergeant at arms, if the house sergeant at arms	46983
has arrest authority pursuant to division (E)(1) of section	46984
101.311 of the Revised Code, and an assistant house sergeant at	46985
arms shall arrest and detain, until a warrant can be obtained, a	46986
person found violating, within the limits of the sergeant at	46987
arms's or assistant sergeant at arms's territorial jurisdiction	46988
specified in division (D)(1)(a) of section 101.311 of the Revised	46989
Code or while providing security pursuant to division (D)(1)(f) of	46990
section 101.311 of the Revised Code, a law of this state, an	46991
ordinance of a municipal corporation, or a resolution of a	46992
township.	46993

(B)(1) When there is reasonable ground to believe that an	46994
offense of violence, the offense of criminal child enticement as	46995
defined in section 2905.05 of the Revised Code, the offense of	46996
public indecency as defined in section 2907.09 of the Revised	46997
Code, the offense of domestic violence as defined in section	46998
2919.25 of the Revised Code, the offense of violating a protection	46999
order as defined in section 2919.27 of the Revised Code, the	47000
offense of menacing by stalking as defined in section 2903.211 of	47001
the Revised Code, the offense of aggravated trespass as defined in	47002
section 2911.211 of the Revised Code, a theft offense as defined	47003
in section 2913.01 of the Revised Code, or a felony drug abuse	47004
offense as defined in section 2925.01 of the Revised Code, has	47005
been committed within the limits of the political subdivision,	47006
metropolitan housing authority housing project, regional transit	47007
authority facilities or those areas of a municipal corporation	47008
that have been agreed to by a regional transit authority and a	47009
municipal corporation located within its territorial jurisdiction,	47010
college, university, veterans' home operated under Chapter 5907.	47011
of the Revised Code, port authority, or municipal airport or other	47012
municipal air navigation facility, in which the peace officer is	47013
appointed, employed, or elected or within the limits of the	47014
territorial jurisdiction of the peace officer, a peace officer	47015
described in division (A) of this section may arrest and detain	47016
until a warrant can be obtained any person who the peace officer	47017
has reasonable cause to believe is guilty of the violation.	47018

(2) For purposes of division (B)(1) of this section, the	47019
execution of any of the following constitutes reasonable ground to	47020
believe that the offense alleged in the statement was committed	47021
and reasonable cause to believe that the person alleged in the	47022
statement to have committed the offense is guilty of the	47023
violation:	47024

(a) A written statement by a person alleging that an alleged	47025
offender has committed the offense of menacing by stalking or	47026
aggravated trespass;	47027

(b) A written statement by the administrator of the	47028
interstate compact on mental health appointed under section	47029
5119.51 of the Revised Code alleging that a person who had been	47030
hospitalized, institutionalized, or confined in any facility under	47031
an order made pursuant to or under authority of section 2945.37,	47032
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	47033
Revised Code has escaped from the facility, from confinement in a	47034
vehicle for transportation to or from the facility, or from	47035
supervision by an employee of the facility that is incidental to	47036
hospitalization, institutionalization, or confinement in the	47037
facility and that occurs outside of the facility, in violation of	47038
section 2921.34 of the Revised Code;	47039

(c) A written statement by the administrator of any facility	47040
in which a person has been hospitalized, institutionalized, or	47041
confined under an order made pursuant to or under authority of	47042
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	47043
2945.402 of the Revised Code alleging that the person has escaped	47044
from the facility, from confinement in a vehicle for	47045
transportation to or from the facility, or from supervision by an	47046
employee of the facility that is incidental to hospitalization,	47047
institutionalization, or confinement in the facility and that	47048
occurs outside of the facility, in violation of section 2921.34 of	47049
the Revised Code.	47050

(3)(a) For purposes of division (B)(1) of this section, a	47051
peace officer described in division (A) of this section has	47052
reasonable grounds to believe that the offense of domestic	47053
violence or the offense of violating a protection order has been	47054
committed and reasonable cause to believe that a particular person	47055
is guilty of committing the offense if any of the following	47056
occurs:	47057

(i) A person executes a written statement alleging that the	47058
person in question has committed the offense of domestic violence	47059
or the offense of violating a protection order against the person	47060
who executes the statement or against a child of the person who	47061
executes the statement.	47062

(ii) No written statement of the type described in division	47063
(B)(3)(a)(i) of this section is executed, but the peace officer,	47064
based upon the peace officer's own knowledge and observation of	47065
the facts and circumstances of the alleged incident of the offense	47066
of domestic violence or the alleged incident of the offense of	47067
violating a protection order or based upon any other information,	47068
including, but not limited to, any reasonably trustworthy	47069
information given to the peace officer by the alleged victim of	47070
the alleged incident of the offense or any witness of the alleged	47071
incident of the offense, concludes that there are reasonable	47072
grounds to believe that the offense of domestic violence or the	47073
offense of violating a protection order has been committed and	47074
reasonable cause to believe that the person in question is guilty	47075
of committing the offense.	47076

(iii) No written statement of the type described in division	47077
(B)(3)(a)(i) of this section is executed, but the peace officer	47078
witnessed the person in question commit the offense of domestic	47079
violence or the offense of violating a protection order.	47080

(b) If pursuant to division (B)(3)(a) of this section a peace	47081
officer has reasonable grounds to believe that the offense of	47082
domestic violence or the offense of violating a protection order	47083
has been committed and reasonable cause to believe that a	47084
particular person is guilty of committing the offense, it is the	47085
preferred course of action in this state that the officer arrest	47086
and detain that person pursuant to division (B)(1) of this section	47087
until a warrant can be obtained.	47088

If pursuant to division (B)(3)(a) of this section a peace	47089
officer has reasonable grounds to believe that the offense of	47090
domestic violence or the offense of violating a protection order	47091
has been committed and reasonable cause to believe that family or	47092
household members have committed the offense against each other,	47093
it is the preferred course of action in this state that the	47094
officer, pursuant to division (B)(1) of this section, arrest and	47095
detain until a warrant can be obtained the family or household	47096
member who committed the offense and whom the officer has	47097
reasonable cause to believe is the primary physical aggressor.	47098
There is no preferred course of action in this state regarding any	47099
other family or household member who committed the offense and	47100
whom the officer does not have reasonable cause to believe is the	47101
primary physical aggressor, but, pursuant to division (B)(1) of	47102
this section, the peace officer may arrest and detain until a	47103
warrant can be obtained any other family or household member who	47104
committed the offense and whom the officer does not have	47105
reasonable cause to believe is the primary physical aggressor.	47106

(c) If a peace officer described in division (A) of this	47107
section does not arrest and detain a person whom the officer has	47108
reasonable cause to believe committed the offense of domestic	47109
violence or the offense of violating a protection order when it is	47110
the preferred course of action in this state pursuant to division	47111
(B)(3)(b) of this section that the officer arrest that person, the	47112
officer shall articulate in the written report of the incident	47113
required by section 2935.032 of the Revised Code a clear statement	47114
of the officer's reasons for not arresting and detaining that	47115
person until a warrant can be obtained.	47116

(d) In determining for purposes of division (B)(3)(b) of this	47117
section which family or household member is the primary physical	47118
aggressor in a situation in which family or household members have	47119
committed the offense of domestic violence or the offense of	47120
violating a protection order against each other, a peace officer	47121
described in division (A) of this section, in addition to any	47122
other relevant circumstances, should consider all of the	47123
following:	47124

(i) Any history of domestic violence or of any other violent	47125
acts by either person involved in the alleged offense that the	47126
officer reasonably can ascertain;	47127

(ii) If violence is alleged, whether the alleged violence was	47128
caused by a person acting in self-defense;	47129

(iii) Each person's fear of physical harm, if any, resulting	47130
from the other person's threatened use of force against any person	47131
or resulting from the other person's use or history of the use of	47132
force against any person, and the reasonableness of that fear;	47133

(iv) The comparative severity of any injuries suffered by the	47134
persons involved in the alleged offense.	47135

(e)(i) A peace officer described in division (A) of this	47136
section shall not require, as a prerequisite to arresting or	47137
charging a person who has committed the offense of domestic	47138
violence or the offense of violating a protection order, that the	47139
victim of the offense specifically consent to the filing of	47140
charges against the person who has committed the offense or sign a	47141
complaint against the person who has committed the offense.	47142

(ii) If a person is arrested for or charged with committing	47143
the offense of domestic violence or the offense of violating a	47144
protection order and if the victim of the offense does not	47145
cooperate with the involved law enforcement or prosecuting	47146
authorities in the prosecution of the offense or, subsequent to	47147
the arrest or the filing of the charges, informs the involved law	47148
enforcement or prosecuting authorities that the victim does not	47149
wish the prosecution of the offense to continue or wishes to drop	47150
charges against the alleged offender relative to the offense, the	47151
involved prosecuting authorities, in determining whether to	47152
continue with the prosecution of the offense or whether to dismiss	47153
charges against the alleged offender relative to the offense and	47154
notwithstanding the victim's failure to cooperate or the victim's	47155
wishes, shall consider all facts and circumstances that are	47156
relevant to the offense, including, but not limited to, the	47157
statements and observations of the peace officers who responded to	47158
the incident that resulted in the arrest or filing of the charges	47159
and of all witnesses to that incident.	47160

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	47161
this section whether to arrest a person pursuant to division	47162
(B)(1) of this section, a peace officer described in division (A)	47163
of this section shall not consider as a factor any possible	47164
shortage of cell space at the detention facility to which the	47165
person will be taken subsequent to the person's arrest or any	47166
possibility that the person's arrest might cause, contribute to,	47167
or exacerbate overcrowding at that detention facility or at any	47168
other detention facility.	47169

(g) If a peace officer described in division (A) of this	47170
section intends pursuant to divisions (B)(3)(a) to (g) of this	47171
section to arrest a person pursuant to division (B)(1) of this	47172
section and if the officer is unable to do so because the person	47173
is not present, the officer promptly shall seek a warrant for the	47174
arrest of the person.	47175

(h) If a peace officer described in division (A) of this	47176
section responds to a report of an alleged incident of the offense	47177
of domestic violence or an alleged incident of the offense of	47178
violating a protection order and if the circumstances of the	47179
incident involved the use or threatened use of a deadly weapon or	47180
any person involved in the incident brandished a deadly weapon	47181
during or in relation to the incident, the deadly weapon that was	47182
used, threatened to be used, or brandished constitutes contraband,	47183
and, to the extent possible, the officer shall seize the deadly	47184
weapon as contraband pursuant to Chapter 2981. of the Revised	47185
Code. Upon the seizure of a deadly weapon pursuant to division	47186
(B)(3)(h) of this section, section 2981.12 of the Revised Code	47187
shall apply regarding the treatment and disposition of the deadly	47188
weapon. For purposes of that section, the "underlying criminal	47189
offense" that was the basis of the seizure of a deadly weapon	47190
under division (B)(3)(h) of this section and to which the deadly	47191
weapon had a relationship is any of the following that is	47192
applicable:	47193

(i) The alleged incident of the offense of domestic violence	47194
or the alleged incident of the offense of violating a protection	47195
order to which the officer who seized the deadly weapon responded;	47196

(ii) Any offense that arose out of the same facts and	47197
circumstances as the report of the alleged incident of the offense	47198
of domestic violence or the alleged incident of the offense of	47199
violating a protection order to which the officer who seized the	47200
deadly weapon responded.	47201

(4) If, in the circumstances described in divisions (B)(3)(a)	47202
to (g) of this section, a peace officer described in division (A)	47203
of this section arrests and detains a person pursuant to division	47204
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	47205
this section, a peace officer described in division (A) of this	47206
section seizes a deadly weapon, the officer, to the extent	47207
described in and in accordance with section 9.86 or 2744.03 of the	47208
Revised Code, is immune in any civil action for damages for	47209
injury, death, or loss to person or property that arises from or	47210
is related to the arrest and detention or the seizure.	47211

(C) When there is reasonable ground to believe that a	47212
violation of division (A)(1), (2), (3), (4), or (5) of section	47213
4506.15 or a violation of section 4511.19 of the Revised Code has	47214
been committed by a person operating a motor vehicle subject to	47215
regulation by the public utilities commission of Ohio under Title	47216
XLIX of the Revised Code, a peace officer with authority to	47217
enforce that provision of law may stop or detain the person whom	47218
the officer has reasonable cause to believe was operating the	47219
motor vehicle in violation of the division or section and, after	47220
investigating the circumstances surrounding the operation of the	47221
vehicle, may arrest and detain the person.	47222

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	47223
municipal police officer, member of a police force employed by a	47224
metropolitan housing authority under division (D) of section	47225
3735.31 of the Revised Code, member of a police force employed by	47226
a regional transit authority under division (Y) of section 306.35	47227
of the Revised Code, special police officer employed by a port	47228
authority under section 4582.04 or 4582.28 of the Revised Code,	47229
special police officer employed by a municipal corporation at a	47230
municipal airport or other municipal air navigation facility	47231
described in division (A) of this section, township constable,	47232
police officer of a township or joint ~~township~~ police district,	47233
state university law enforcement officer appointed under section	47234
3345.04 of the Revised Code, peace officer of the department of	47235
natural resources, individual designated to perform law	47236
enforcement duties under section 511.232, 1545.13, or 6101.75 of	47237
the Revised Code, the house sergeant at arms if the house sergeant	47238
at arms has arrest authority pursuant to division (E)(1) of	47239
section 101.311 of the Revised Code, or an assistant house	47240
sergeant at arms is authorized by division (A) or (B) of this	47241
section to arrest and detain, within the limits of the political	47242
subdivision, metropolitan housing authority housing project,	47243
regional transit authority facilities or those areas of a	47244
municipal corporation that have been agreed to by a regional	47245
transit authority and a municipal corporation located within its	47246
territorial jurisdiction, port authority, municipal airport or	47247
other municipal air navigation facility, college, or university in	47248
which the officer is appointed, employed, or elected or within the	47249
limits of the territorial jurisdiction of the peace officer, a	47250
person until a warrant can be obtained, the peace officer, outside	47251
the limits of that territory, may pursue, arrest, and detain that	47252
person until a warrant can be obtained if all of the following	47253
apply:	47254

(1) The pursuit takes place without unreasonable delay after	47255
the offense is committed;	47256

(2) The pursuit is initiated within the limits of the	47257
political subdivision, metropolitan housing authority housing	47258
project, regional transit authority facilities or those areas of a	47259
municipal corporation that have been agreed to by a regional	47260
transit authority and a municipal corporation located within its	47261
territorial jurisdiction, port authority, municipal airport or	47262
other municipal air navigation facility, college, or university in	47263
which the peace officer is appointed, employed, or elected or	47264
within the limits of the territorial jurisdiction of the peace	47265
officer;	47266

(3) The offense involved is a felony, a misdemeanor of the	47267
first degree or a substantially equivalent municipal ordinance, a	47268
misdemeanor of the second degree or a substantially equivalent	47269
municipal ordinance, or any offense for which points are	47270
chargeable pursuant to section 4510.036 of the Revised Code.	47271

(E) In addition to the authority granted under division (A)	47272
or (B) of this section:	47273

(1) A sheriff or deputy sheriff may arrest and detain, until	47274
a warrant can be obtained, any person found violating section	47275
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	47276
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	47277
portion of any street or highway that is located immediately	47278
adjacent to the boundaries of the county in which the sheriff or	47279
deputy sheriff is elected or appointed.	47280

(2) A member of the police force of a township police	47281
district created under section 505.48 of the Revised Code, a	47282
member of the police force of a joint ~~township~~ police district	47283
created under section ~~505.481~~505.482 of the Revised Code, or a	47284
township constable appointed in accordance with section 509.01 of	47285
the Revised Code, who has received a certificate from the Ohio	47286
peace officer training commission under section 109.75 of the	47287
Revised Code, may arrest and detain, until a warrant can be	47288
obtained, any person found violating any section or chapter of the	47289
Revised Code listed in division (E)(1) of this section, other than	47290
sections 4513.33 and 4513.34 of the Revised Code, on the portion	47291
of any street or highway that is located immediately adjacent to	47292
the boundaries of the township police district or joint ~~township~~	47293
police district, in the case of a member of a township police	47294
district or joint ~~township~~ police district police force, or the	47295
unincorporated territory of the township, in the case of a	47296
township constable. However, if the population of the township	47297
that created the township police district served by the member's	47298
police force, or the townships and municipal corporations that	47299
created the joint ~~township~~ police district served by the member's	47300
police force, or the township that is served by the township	47301
constable, is sixty thousand or less, the member of the township	47302
police district or joint police district police force or the	47303
township constable may not make an arrest under division (E)(2) of	47304
this section on a state highway that is included as part of the	47305
interstate system.	47306

(3) A police officer or village marshal appointed, elected,	47307
or employed by a municipal corporation may arrest and detain,	47308
until a warrant can be obtained, any person found violating any	47309
section or chapter of the Revised Code listed in division (E)(1)	47310
of this section on the portion of any street or highway that is	47311
located immediately adjacent to the boundaries of the municipal	47312
corporation in which the police officer or village marshal is	47313
appointed, elected, or employed.	47314

(4) A peace officer of the department of natural resources, a	47315
state fire marshal law enforcement officer described in division	47316
(A)(23) of section 109.71 of the Revised Code, or an individual	47317
designated to perform law enforcement duties under section	47318
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	47319
detain, until a warrant can be obtained, any person found	47320
violating any section or chapter of the Revised Code listed in	47321
division (E)(1) of this section, other than sections 4513.33 and	47322
4513.34 of the Revised Code, on the portion of any street or	47323
highway that is located immediately adjacent to the boundaries of	47324
the lands and waters that constitute the territorial jurisdiction	47325
of the peace officer or state fire marshal law enforcement	47326
officer.	47327

(F)(1) A department of mental health special police officer	47328
or a department of developmental disabilities special police	47329
officer may arrest without a warrant and detain until a warrant	47330
can be obtained any person found committing on the premises of any	47331
institution under the jurisdiction of the particular department a	47332
misdemeanor under a law of the state.	47333

A department of mental health special police officer or a	47334
department of developmental disabilities special police officer	47335
may arrest without a warrant and detain until a warrant can be	47336
obtained any person who has been hospitalized, institutionalized,	47337
or confined in an institution under the jurisdiction of the	47338
particular department pursuant to or under authority of section	47339
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	47340
2945.402 of the Revised Code and who is found committing on the	47341
premises of any institution under the jurisdiction of the	47342
particular department a violation of section 2921.34 of the	47343
Revised Code that involves an escape from the premises of the	47344
institution.	47345

(2)(a) If a department of mental health special police	47346
officer or a department of developmental disabilities special	47347
police officer finds any person who has been hospitalized,	47348
institutionalized, or confined in an institution under the	47349
jurisdiction of the particular department pursuant to or under	47350
authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,	47351
2945.401, or 2945.402 of the Revised Code committing a violation	47352
of section 2921.34 of the Revised Code that involves an escape	47353
from the premises of the institution, or if there is reasonable	47354
ground to believe that a violation of section 2921.34 of the	47355
Revised Code has been committed that involves an escape from the	47356
premises of an institution under the jurisdiction of the	47357
department of mental health or the department of developmental	47358
disabilities and if a department of mental health special police	47359
officer or a department of developmental disabilities special	47360
police officer has reasonable cause to believe that a particular	47361
person who has been hospitalized, institutionalized, or confined	47362
in the institution pursuant to or under authority of section	47363
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	47364
2945.402 of the Revised Code is guilty of the violation, the	47365
special police officer, outside of the premises of the	47366
institution, may pursue, arrest, and detain that person for that	47367
violation of section 2921.34 of the Revised Code, until a warrant	47368
can be obtained, if both of the following apply:	47369

(i) The pursuit takes place without unreasonable delay after	47370
the offense is committed;	47371

(ii) The pursuit is initiated within the premises of the	47372
institution from which the violation of section 2921.34 of the	47373
Revised Code occurred.	47374

(b) For purposes of division (F)(2)(a) of this section, the	47375
execution of a written statement by the administrator of the	47376
institution in which a person had been hospitalized,	47377
institutionalized, or confined pursuant to or under authority of	47378
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	47379
2945.402 of the Revised Code alleging that the person has escaped	47380
from the premises of the institution in violation of section	47381
2921.34 of the Revised Code constitutes reasonable ground to	47382
believe that the violation was committed and reasonable cause to	47383
believe that the person alleged in the statement to have committed	47384
the offense is guilty of the violation.	47385

(G) As used in this section:

47386

(1) A "department of mental health special police officer"	47387
means a special police officer of the department of mental health	47388
designated under section 5119.14 of the Revised Code who is	47389
certified by the Ohio peace officer training commission under	47390
section 109.77 of the Revised Code as having successfully	47391
completed an approved peace officer basic training program.	47392

(2) A "department of developmental disabilities special	47393
police officer" means a special police officer of the department	47394
of developmental disabilities designated under section 5123.13 of	47395
the Revised Code who is certified by the Ohio peace officer	47396
training council under section 109.77 of the Revised Code as	47397
having successfully completed an approved peace officer basic	47398
training program.	47399

(3) "Deadly weapon" has the same meaning as in section	47400
2923.11 of the Revised Code.	47401

(4) "Family or household member" has the same meaning as in	47402
section 2919.25 of the Revised Code.	47403

(5) "Street" or "highway" has the same meaning as in section	47404
4511.01 of the Revised Code.	47405

(6) "Interstate system" has the same meaning as in section	47406
5516.01 of the Revised Code.	47407

(7) "Peace officer of the department of natural resources"	47408
means an employee of the department of natural resources who is a	47409
natural resources law enforcement staff officer designated	47410
pursuant to section 1501.013 of the Revised Code, a forest officer	47411
designated pursuant to section 1503.29 of the Revised Code, a	47412
preserve officer designated pursuant to section 1517.10 of the	47413
Revised Code, a wildlife officer designated pursuant to section	47414
1531.13 of the Revised Code, a park officer designated pursuant to	47415
section 1541.10 of the Revised Code, or a state watercraft officer	47416
designated pursuant to section 1547.521 of the Revised Code.	47417

(8) "Portion of any street or highway" means all lanes of the	47418
street or highway irrespective of direction of travel, including	47419
designated turn lanes, and any berm, median, or shoulder.	47420

Sec. 2945.371. (A) If the issue of a defendant's competence	47421
to stand trial is raised or if a defendant enters a plea of not	47422
guilty by reason of insanity, the court may order one or more	47423
evaluations of the defendant's present mental condition or, in the	47424
case of a plea of not guilty by reason of insanity, of the	47425
defendant's mental condition at the time of the offense charged.	47426
An examiner shall conduct the evaluation.	47427

(B) If the court orders more than one evaluation under	47428
division (A) of this section, the prosecutor and the defendant may	47429
recommend to the court an examiner whom each prefers to perform	47430
one of the evaluations. If a defendant enters a plea of not guilty	47431
by reason of insanity and if the court does not designate an	47432
examiner recommended by the defendant, the court shall inform the	47433
defendant that the defendant may have independent expert	47434
evaluation and that, if the defendant is unable to obtain	47435
independent expert evaluation, it will be obtained for the	47436
defendant at public expense if the defendant is indigent.	47437

(C) If the court orders an evaluation under division (A) of	47438
this section, the defendant shall be available at the times and	47439
places established by the examiners who are to conduct the	47440
evaluation. The court may order a defendant who has been released	47441
on bail or recognizance to submit to an evaluation under this	47442
section. If a defendant who has been released on bail or	47443
recognizance refuses to submit to a complete evaluation, the court	47444
may amend the conditions of bail or recognizance and order the	47445
sheriff to take the defendant into custody and deliver the	47446
defendant to a center, program, or facility operated or certified	47447
by the department of mental health or the department of	47448
developmental disabilities where the defendant may be held for	47449
evaluation for a reasonable period of time not to exceed twenty	47450
days.	47451

(D) A defendant who has not been released on bail or	47452
recognizance may be evaluated at the defendant's place of	47453
detention. Upon the request of the examiner, the court may order	47454
the sheriff to transport the defendant to a program or facility	47455
operated or certified by the department of mental health or the	47456
department of developmental disabilities, where the defendant may	47457
be held for evaluation for a reasonable period of time not to	47458
exceed twenty days, and to return the defendant to the place of	47459
detention after the evaluation. A municipal court may make an	47460
order under this division only upon the request of a certified	47461
forensic center examiner.	47462

(E) If a court orders the evaluation to determine a	47463
defendant's mental condition at the time of the offense charged,	47464
the court shall inform the examiner of the offense with which the	47465
defendant is charged.	47466

(F) In conducting an evaluation of a defendant's mental	47467
condition at the time of the offense charged, the examiner shall	47468
consider all relevant evidence. If the offense charged involves	47469
the use of force against another person, the relevant evidence to	47470
be considered includes, but is not limited to, any evidence that	47471
the defendant suffered, at the time of the commission of the	47472
offense, from the "battered woman syndrome."	47473

(G) The examiner shall file a written report with the court	47474
within thirty days after entry of a court order for evaluation,	47475
and the court shall provide copies of the report to the prosecutor	47476
and defense counsel. The report shall include all of the	47477
following:	47478

(1) The examiner's findings;

47479

(2) The facts in reasonable detail on which the findings are	47480
based;	47481

(3) If the evaluation was ordered to determine the	47482
defendant's competence to stand trial, all of the following	47483
findings or recommendations that are applicable:	47484

(a) Whether the defendant is capable of understanding the	47485
nature and objective of the proceedings against the defendant or	47486
of assisting in the defendant's defense;	47487

(b) If the examiner's opinion is that the defendant is	47488
incapable of understanding the nature and objective of the	47489
proceedings against the defendant or of assisting in the	47490
defendant's defense, whether the defendant presently is mentally	47491
ill or mentally retarded and, if the examiner's opinion is that	47492
the defendant presently is mentally retarded, whether the	47493
defendant appears to be a mentally retarded person subject to	47494
institutionalization by court order;	47495

(c) If the examiner's opinion is that the defendant is	47496
incapable of understanding the nature and objective of the	47497
proceedings against the defendant or of assisting in the	47498
defendant's defense, the examiner's opinion as to the likelihood	47499
of the defendant becoming capable of understanding the nature and	47500
objective of the proceedings against the defendant and of	47501
assisting in the defendant's defense within one year if the	47502
defendant is provided with a course of treatment;	47503

(d) If the examiner's opinion is that the defendant is	47504
incapable of understanding the nature and objective of the	47505
proceedings against the defendant or of assisting in the	47506
defendant's defense and that the defendant presently is mentally	47507
ill or mentally retarded, the examiner's recommendation as to the	47508
least restrictive ~~treatment~~placement or commitment alternative,	47509
consistent with the defendant's treatment needs for restoration to	47510
competency and with the safety of the community;	47511

(e) If the defendant is charged with a misdemeanor offense	47512
that is not an offense of violence and the examiner's opinion is	47513
that the defendant is incapable of understanding the nature and	47514
objective of the proceedings against the defendant or of assisting	47515
in the defendant's defense and that the defendant is presently	47516
mentally ill or mentally retarded, the examiner's recommendation	47517
as to whether the defendant is amenable to engagement in mental	47518
health treatment or developmental disability services.	47519

(4) If the evaluation was ordered to determine the	47520
defendant's mental condition at the time of the offense charged,	47521
the examiner's findings as to whether the defendant, at the time	47522
of the offense charged, did not know, as a result of a severe	47523
mental disease or defect, the wrongfulness of the defendant's acts	47524
charged.	47525

(H) If the examiner's report filed under division (G) of this	47526
section indicates that in the examiner's opinion the defendant is	47527
incapable of understanding the nature and objective of the	47528
proceedings against the defendant or of assisting in the	47529
defendant's defense and that in the examiner's opinion the	47530
defendant appears to be a mentally retarded person subject to	47531
institutionalization by court order, the court shall order the	47532
defendant to undergo a separate mental retardation evaluation	47533
conducted by a psychologist designated by the director of	47534
developmental disabilities. Divisions (C) to (F) of this section	47535
apply in relation to a separate mental retardation evaluation	47536
conducted under this division. The psychologist appointed under	47537
this division to conduct the separate mental retardation	47538
evaluation shall file a written report with the court within	47539
thirty days after the entry of the court order requiring the	47540
separate mental retardation evaluation, and the court shall	47541
provide copies of the report to the prosecutor and defense	47542
counsel. The report shall include all of the information described	47543
in divisions (G)(1) to (4) of this section. If the court orders a	47544
separate mental retardation evaluation of a defendant under this	47545
division, the court shall not conduct a hearing under divisions	47546
(B) to (H) of section 2945.37 of the Revised Code regarding that	47547
defendant until a report of the separate mental retardation	47548
evaluation conducted under this division has been filed. Upon the	47549
filing of that report, the court shall conduct the hearing within	47550
the period of time specified in division (C) of section 2945.37 of	47551
the Revised Code.	47552

(I) An examiner appointed under divisions (A) and (B) of this	47553
section or under division (H) of this section to evaluate a	47554
defendant to determine the defendant's competence to stand trial	47555
also may be appointed to evaluate a defendant who has entered a	47556
plea of not guilty by reason of insanity, but an examiner of that	47557
nature shall prepare separate reports on the issue of competence	47558
to stand trial and the defense of not guilty by reason of	47559
insanity.	47560

(J) No statement that a defendant makes in an evaluation or	47561
hearing under divisions (A) to (H) of this section relating to the	47562
defendant's competence to stand trial or to the defendant's mental	47563
condition at the time of the offense charged shall be used against	47564
the defendant on the issue of guilt in any criminal action or	47565
proceeding, but, in a criminal action or proceeding, the	47566
prosecutor or defense counsel may call as a witness any person who	47567
evaluated the defendant or prepared a report pursuant to a	47568
referral under this section. Neither the appointment nor the	47569
testimony of an examiner appointed under this section precludes	47570
the prosecutor or defense counsel from calling other witnesses or	47571
presenting other evidence on competency or insanity issues.	47572

(K) Persons appointed as examiners under divisions (A) and	47573
(B) of this section or under division (H) of this section shall be	47574
paid a reasonable amount for their services and expenses, as	47575
certified by the court. The certified amount shall be paid by the	47576
county in the case of county courts and courts of common pleas and	47577
by the legislative authority, as defined in section 1901.03 of the	47578
Revised Code, in the case of municipal courts.	47579

Sec. 2945.38. (A) If the issue of a defendant's competence	47580
to stand trial is raised and if the court, upon conducting the	47581
hearing provided for in section 2945.37 of the Revised Code, finds	47582
that the defendant is competent to stand trial, the defendant	47583
shall be proceeded against as provided by law. If the court finds	47584
the defendant competent to stand trial and the defendant is	47585
receiving psychotropic drugs or other medication, the court may	47586
authorize the continued administration of the drugs or medication	47587
or other appropriate treatment in order to maintain the	47588
defendant's competence to stand trial, unless the defendant's	47589
attending physician advises the court against continuation of the	47590
drugs, other medication, or treatment.	47591

(B)(1)(a) If, after taking into consideration all relevant	47592
reports, information, and other evidence, the court finds that the	47593
defendant is incompetent to stand trial and that there is a	47594
substantial probability that the defendant will become competent	47595
to stand trial within one year if the defendant is provided with a	47596
course of treatment, the court shall order the defendant to	47597
undergo treatment. If the defendant has been charged with a felony	47598
offense and if, after taking into consideration all relevant	47599
reports, information, and other evidence, the court finds that the	47600
defendant is incompetent to stand trial, but the court is unable	47601
at that time to determine whether there is a substantial	47602
probability that the defendant will become competent to stand	47603
trial within one year if the defendant is provided with a course	47604
of treatment, the court shall order continuing evaluation and	47605
treatment of the defendant for a period not to exceed four months	47606
to determine whether there is a substantial probability that the	47607
defendant will become competent to stand trial within one year if	47608
the defendant is provided with a course of treatment.	47609

(b) The court order for the defendant to undergo treatment or	47610
continuing evaluation and treatment under division (B)(1)(a) of	47611
this section shall specify that the defendant, if determined to	47612
require mental health treatment or continuing evaluation and	47613
treatment, shall be committed to the department of mental health	47614
for treatment or continuing evaluation and treatment ~~shall occur~~	47615
at a hospital, facility, or agency, as determined to be clinically	47616
appropriate by the department of mental health and, if determined	47617
to require treatment or continuing evaluation and treatment for a	47618
developmental disability, shall receive treatment or continuing	47619
evaluation and treatment at an institution or facility operated by	47620
the department of ~~mental health or the department of~~ developmental	47621
disabilities, at a facility certified by ~~either of those~~	47622
~~departments~~the department of developmental disabilities as being	47623
qualified to treat ~~mental illness or~~ mental retardation, at a	47624
public or private community mental ~~health or mental~~ retardation	47625
facility, or by a ~~psychiatrist or another~~ mental ~~health or mental~~	47626
retardation professional. The order may restrict the defendant's	47627
freedom of movement as the court considers necessary. The	47628
prosecutor in the defendant's case shall send to the chief	47629
clinical officer of the hospital or, facility, or agency where	47630
the defendant is placed by the department of mental health, or to	47631
the managing officer of the institution, the director of the	47632
~~program~~facility, or the person to which the defendant is	47633
committed, copies of relevant police reports and other background	47634
information that pertains to the defendant and is available to the	47635
prosecutor unless the prosecutor determines that the release of	47636
any of the information in the police reports or any of the other	47637
background information to unauthorized persons would interfere	47638
with the effective prosecution of any person or would create a	47639
substantial risk of harm to any person.	47640

In committing the defendant to the department of mental	47641
health, the court shall consider the extent to which the person is	47642
a danger to the person and to others, the need for security, and	47643
the type of crime involved and, if the court finds that	47644
restrictions on the defendant's freedom of movement are necessary,	47645
shall specify the least restrictive limitations on the person's	47646
freedom of movement determined to be necessary to protect public	47647
safety. In determining ~~placement~~commitment alternatives for	47648
defendants determined to require treatment or continuing	47649
evaluation and treatment for developmental disabilities, the court	47650
shall consider the extent to which the person is a danger to the	47651
person and to others, the need for security, and the type of crime	47652
involved and shall order the least restrictive alternative	47653
available that is consistent with public safety and treatment	47654
goals. In weighing these factors, the court shall give preference	47655
to protecting public safety.	47656

(c) If the defendant is found incompetent to stand trial, if	47657
the chief clinical officer of the hospital or, facility, or agency	47658
where the defendant is placed, or the managing officer of the	47659
institution, the director of the ~~program~~facility, or the person	47660
to which the defendant is committed for treatment or continuing	47661
evaluation and treatment under division (B)(1)(b) of this section	47662
determines that medication is necessary to restore the defendant's	47663
competency to stand trial, and if the defendant lacks the capacity	47664
to give informed consent or refuses medication, the chief clinical	47665
officer of the hospital, facility, or agency where the defendant	47666
is placed, or the managing officer of the institution, the	47667
director of the facility, or the person to which the defendant is	47668
committed for treatment or continuing evaluation and treatment may	47669
petition the court for authorization for the involuntary	47670
administration of medication. The court shall hold a hearing on	47671
the petition within five days of the filing of the petition if the	47672
petition was filed in a municipal court or a county court	47673
regarding an incompetent defendant charged with a misdemeanor or	47674
within ten days of the filing of the petition if the petition was	47675
filed in a court of common pleas regarding an incompetent	47676
defendant charged with a felony offense. Following the hearing,	47677
the court may authorize the involuntary administration of	47678
medication or may dismiss the petition.	47679

(d) If the defendant is charged with a misdemeanor offense	47680
that is not an offense of violence, the prosecutor may hold the	47681
charges in abeyance while the defendant engages in mental health	47682
treatment or developmental disability services.	47683

(2) If the court finds that the defendant is incompetent to	47684
stand trial and that, even if the defendant is provided with a	47685
course of treatment, there is not a substantial probability that	47686
the defendant will become competent to stand trial within one	47687
year, the court shall order the discharge of the defendant, unless	47688
upon motion of the prosecutor or on its own motion, the court	47689
either seeks to retain jurisdiction over the defendant pursuant to	47690
section 2945.39 of the Revised Code or files an affidavit in the	47691
probate court for the civil commitment of the defendant pursuant	47692
to Chapter 5122. or 5123. of the Revised Code alleging that the	47693
defendant is a mentally ill person subject to hospitalization by	47694
court order or a mentally retarded person subject to	47695
institutionalization by court order. If an affidavit is filed in	47696
the probate court, the trial court shall send to the probate court	47697
copies of all written reports of the defendant's mental condition	47698
that were prepared pursuant to section 2945.371 of the Revised	47699
Code.	47700

The trial court may issue the temporary order of detention	47701
that a probate court may issue under section 5122.11 or 5123.71 of	47702
the Revised Code, to remain in effect until the probable cause or	47703
initial hearing in the probate court. Further proceedings in the	47704
probate court are civil proceedings governed by Chapter 5122. or	47705
5123. of the Revised Code.	47706

(C) No defendant shall be required to undergo treatment,	47707
including any continuing evaluation and treatment, under division	47708
(B)(1) of this section for longer than whichever of the following	47709
periods is applicable:	47710

(1) One year, if the most serious offense with which the	47711
defendant is charged is one of the following offenses:	47712

(a) Aggravated murder, murder, or an offense of violence for	47713
which a sentence of death or life imprisonment may be imposed;	47714

(b) An offense of violence that is a felony of the first or	47715
second degree;	47716

(c) A conspiracy to commit, an attempt to commit, or	47717
complicity in the commission of an offense described in division	47718
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	47719
complicity is a felony of the first or second degree.	47720

(2) Six months, if the most serious offense with which the	47721
defendant is charged is a felony other than a felony described in	47722
division (C)(1) of this section;	47723

(3) Sixty days, if the most serious offense with which the	47724
defendant is charged is a misdemeanor of the first or second	47725
degree;	47726

(4) Thirty days, if the most serious offense with which the	47727
defendant is charged is a misdemeanor of the third or fourth	47728
degree, a minor misdemeanor, or an unclassified misdemeanor.	47729

(D) Any defendant who is committed pursuant to this section	47730
shall not voluntarily admit the defendant or be voluntarily	47731
admitted to a hospital or institution pursuant to section 5122.02,	47732
5122.15, 5123.69, or 5123.76 of the Revised Code.	47733

(E) Except as otherwise provided in this division, a	47734
defendant who is charged with an offense and is committed by the	47735
court under this section to ~~a hospital~~the department of mental	47736
health with restrictions on the defendant's freedom of movement or	47737
~~other~~is committed to an institution ~~by the court under this~~	47738
~~section~~or facility for the treatment of developmental	47739
disabilities shall not be granted unsupervised on-grounds	47740
movement, supervised off-grounds movement, or nonsecured status	47741
except in accordance with the court order. The court may grant a	47742
defendant supervised off-grounds movement to obtain medical	47743
treatment or specialized habilitation treatment services if the	47744
person who supervises the treatment or the continuing evaluation	47745
and treatment of the defendant ordered under division (B)(1)(a) of	47746
this section informs the court that the treatment or continuing	47747
evaluation and treatment cannot be provided at the hospital or	47748
facility where the defendant is placed by the department of mental	47749
health or the institution or facility to which the defendant is	47750
committed. The chief clinical officer of the hospital or facility	47751
where the defendant is placed by the department of mental health	47752
or the managing officer of the institution or director of the	47753
facility to which the defendant is committed, or a designee of	47754
~~either~~any of those persons, may grant a defendant movement to a	47755
medical facility for an emergency medical situation with	47756
appropriate supervision to ensure the safety of the defendant,	47757
staff, and community during that emergency medical situation. The	47758
chief clinical officer of the hospital or facility where the	47759
defendant is placed by the department of mental health or the	47760
managing officer of the institution or director of the facility to	47761
which the defendant is committed shall notify the court within	47762
twenty-four hours of the defendant's movement to the medical	47763
facility for an emergency medical situation under this division.	47764

(F) The person who supervises the treatment or continuing	47765
evaluation and treatment of a defendant ordered to undergo	47766
treatment or continuing evaluation and treatment under division	47767
(B)(1)(a) of this section shall file a written report with the	47768
court at the following times:	47769

(1) Whenever the person believes the defendant is capable of	47770
understanding the nature and objective of the proceedings against	47771
the defendant and of assisting in the defendant's defense;	47772

(2) For a felony offense, fourteen days before expiration of	47773
the maximum time for treatment as specified in division (C) of	47774
this section and fourteen days before the expiration of the	47775
maximum time for continuing evaluation and treatment as specified	47776
in division (B)(1)(a) of this section, and, for a misdemeanor	47777
offense, ten days before the expiration of the maximum time for	47778
treatment, as specified in division (C) of this section;	47779

(3) At a minimum, after each six months of treatment;

47780

(4) Whenever the person who supervises the treatment or	47781
continuing evaluation and treatment of a defendant ordered under	47782
division (B)(1)(a) of this section believes that there is not a	47783
substantial probability that the defendant will become capable of	47784
understanding the nature and objective of the proceedings against	47785
the defendant or of assisting in the defendant's defense even if	47786
the defendant is provided with a course of treatment.	47787

(G) A report under division (F) of this section shall contain	47788
the examiner's findings, the facts in reasonable detail on which	47789
the findings are based, and the examiner's opinion as to the	47790
defendant's capability of understanding the nature and objective	47791
of the proceedings against the defendant and of assisting in the	47792
defendant's defense. If, in the examiner's opinion, the defendant	47793
remains incapable of understanding the nature and objective of the	47794
proceedings against the defendant and of assisting in the	47795
defendant's defense and there is a substantial probability that	47796
the defendant will become capable of understanding the nature and	47797
objective of the proceedings against the defendant and of	47798
assisting in the defendant's defense if the defendant is provided	47799
with a course of treatment, if in the examiner's opinion the	47800
defendant remains mentally ill or mentally retarded, and if the	47801
maximum time for treatment as specified in division (C) of this	47802
section has not expired, the report also shall contain the	47803
examiner's recommendation as to the least restrictive ~~treatment~~	47804
placement or commitment alternative that is consistent with the	47805
defendant's treatment needs for restoration to competency and with	47806
the safety of the community. The court shall provide copies of the	47807
report to the prosecutor and defense counsel.	47808

(H) If a defendant is committed pursuant to division (B)(1)	47809
of this section, within ten days after the treating physician of	47810
the defendant or the examiner of the defendant who is employed or	47811
retained by the treating facility advises that there is not a	47812
substantial probability that the defendant will become capable of	47813
understanding the nature and objective of the proceedings against	47814
the defendant or of assisting in the defendant's defense even if	47815
the defendant is provided with a course of treatment, within ten	47816
days after the expiration of the maximum time for treatment as	47817
specified in division (C) of this section, within ten days after	47818
the expiration of the maximum time for continuing evaluation and	47819
treatment as specified in division (B)(1)(a) of this section,	47820
within thirty days after a defendant's request for a hearing that	47821
is made after six months of treatment, or within thirty days after	47822
being advised by the treating physician or examiner that the	47823
defendant is competent to stand trial, whichever is the earliest,	47824
the court shall conduct another hearing to determine if the	47825
defendant is competent to stand trial and shall do whichever of	47826
the following is applicable:	47827

(1) If the court finds that the defendant is competent to	47828
stand trial, the defendant shall be proceeded against as provided	47829
by law.	47830

(2) If the court finds that the defendant is incompetent to	47831
stand trial, but that there is a substantial probability that the	47832
defendant will become competent to stand trial if the defendant is	47833
provided with a course of treatment, and the maximum time for	47834
treatment as specified in division (C) of this section has not	47835
expired, the court, after consideration of the examiner's	47836
recommendation, shall order that treatment be continued, may	47837
change the ~~facility or program at which the treatment is to be~~	47838
~~continued~~least restrictive limitations on the defendant's freedom	47839
of movement, and, if applicable, shall specify whether the	47840
treatment for developmental disabilities is to be continued at the	47841
same or a different facility or ~~program~~institution.	47842

(3) If the court finds that the defendant is incompetent to	47843
stand trial, if the defendant is charged with an offense listed in	47844
division (C)(1) of this section, and if the court finds that there	47845
is not a substantial probability that the defendant will become	47846
competent to stand trial even if the defendant is provided with a	47847
course of treatment, or if the maximum time for treatment relative	47848
to that offense as specified in division (C) of this section has	47849
expired, further proceedings shall be as provided in sections	47850
2945.39, 2945.401, and 2945.402 of the Revised Code.	47851

(4) If the court finds that the defendant is incompetent to	47852
stand trial, if the most serious offense with which the defendant	47853
is charged is a misdemeanor or a felony other than a felony listed	47854
in division (C)(1) of this section, and if the court finds that	47855
there is not a substantial probability that the defendant will	47856
become competent to stand trial even if the defendant is provided	47857
with a course of treatment, or if the maximum time for treatment	47858
relative to that offense as specified in division (C) of this	47859
section has expired, the court shall dismiss the indictment,	47860
information, or complaint against the defendant. A dismissal under	47861
this division is not a bar to further prosecution based on the	47862
same conduct. The court shall discharge the defendant unless the	47863
court or prosecutor files an affidavit in probate court for civil	47864
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	47865
If an affidavit for civil commitment is filed, the court may	47866
detain the defendant for ten days pending civil commitment. All of	47867
the following provisions apply to persons charged with a	47868
misdemeanor or a felony other than a felony listed in division	47869
(C)(1) of this section who are committed by the probate court	47870
subsequent to the court's or prosecutor's filing of an affidavit	47871
for civil commitment under authority of this division:	47872

(a) The chief clinical officer of the entity, hospital, or	47873
facility, the managing officer of the institution~~, the director of~~	47874
~~the program~~, or the person to which the defendant is committed or	47875
admitted shall do all of the following:	47876

(i) Notify the prosecutor, in writing, of the discharge of	47877
the defendant, send the notice at least ten days prior to the	47878
discharge unless the discharge is by the probate court, and state	47879
in the notice the date on which the defendant will be discharged;	47880

(ii) Notify the prosecutor, in writing, when the defendant is	47881
absent without leave or is granted unsupervised, off-grounds	47882
movement, and send this notice promptly after the discovery of the	47883
absence without leave or prior to the granting of the	47884
unsupervised, off-grounds movement, whichever is applicable;	47885

(iii) Notify the prosecutor, in writing, of the change of the	47886
defendant's commitment or admission to voluntary status, send the	47887
notice promptly upon learning of the change to voluntary status,	47888
and state in the notice the date on which the defendant was	47889
committed or admitted on a voluntary status.	47890

(b) Upon receiving notice that the defendant will be granted	47891
unsupervised, off-grounds movement, the prosecutor either shall	47892
re-indict the defendant or promptly notify the court that the	47893
prosecutor does not intend to prosecute the charges against the	47894
defendant.	47895

(I) If a defendant is convicted of a crime and sentenced to a	47896
jail or workhouse, the defendant's sentence shall be reduced by	47897
the total number of days the defendant is confined for evaluation	47898
to determine the defendant's competence to stand trial or	47899
treatment under this section and sections 2945.37 and 2945.371 of	47900
the Revised Code or by the total number of days the defendant is	47901
confined for evaluation to determine the defendant's mental	47902
condition at the time of the offense charged.	47903

Sec. 2945.39. (A) If a defendant who is charged with an	47904
offense described in division (C)(1) of section 2945.38 of the	47905
Revised Code is found incompetent to stand trial, after the	47906
expiration of the maximum time for treatment as specified in	47907
division (C) of that section or after the court finds that there	47908
is not a substantial probability that the defendant will become	47909
competent to stand trial even if the defendant is provided with a	47910
course of treatment, one of the following applies:	47911

(1) The court or the prosecutor may file an affidavit in	47912
probate court for civil commitment of the defendant in the manner	47913
provided in Chapter 5122. or 5123. of the Revised Code. If the	47914
court or prosecutor files an affidavit for civil commitment, the	47915
court may detain the defendant for ten days pending civil	47916
commitment. If the probate court commits the defendant subsequent	47917
to the court's or prosecutor's filing of an affidavit for civil	47918
commitment, the chief clinical officer of the entity, hospital, or	47919
facility, the managing officer of the institution, ~~the director of~~	47920
~~the program,~~ or the person to which the defendant is committed or	47921
admitted shall send to the prosecutor the notices described in	47922
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	47923
Code within the periods of time and under the circumstances	47924
specified in those divisions.	47925

(2) On the motion of the prosecutor or on its own motion, the	47926
court may retain jurisdiction over the defendant if, at a hearing,	47927
the court finds both of the following by clear and convincing	47928
evidence:	47929

(a) The defendant committed the offense with which the	47930
defendant is charged.	47931

(b) The defendant is a mentally ill person subject to	47932
hospitalization by court order or a mentally retarded person	47933
subject to institutionalization by court order.	47934

(B) In making its determination under division (A)(2) of this	47935
section as to whether to retain jurisdiction over the defendant,	47936
the court may consider all relevant evidence, including, but not	47937
limited to, any relevant psychiatric, psychological, or medical	47938
testimony or reports, the acts constituting the offense charged,	47939
and any history of the defendant that is relevant to the	47940
defendant's ability to conform to the law.	47941

(C) If the court conducts a hearing as described in division	47942
(A)(2) of this section and if the court does not make both	47943
findings described in divisions (A)(2)(a) and (b) of this section	47944
by clear and convincing evidence, the court shall dismiss the	47945
indictment, information, or complaint against the defendant. Upon	47946
the dismissal, the court shall discharge the defendant unless the	47947
court or prosecutor files an affidavit in probate court for civil	47948
commitment of the defendant pursuant to Chapter 5122. or 5123. of	47949
the Revised Code. If the court or prosecutor files an affidavit	47950
for civil commitment, the court may order that the defendant be	47951
detained for up to ten days pending the civil commitment. If the	47952
probate court commits the defendant subsequent to the court's or	47953
prosecutor's filing of an affidavit for civil commitment, the	47954
chief clinical officer of the entity, hospital, or facility, the	47955
managing officer of the institution, ~~the director of the program,~~	47956
or the person to which the defendant is committed or admitted	47957
shall send to the prosecutor the notices described in divisions	47958
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	47959
within the periods of time and under the circumstances specified	47960
in those divisions. A dismissal of charges under this division is	47961
not a bar to further criminal proceedings based on the same	47962
conduct.	47963

(D)(1) If the court conducts a hearing as described in	47964
division (A)(2) of this section and if the court makes the	47965
findings described in divisions (A)(2)(a) and (b) of this section	47966
by clear and convincing evidence, the court shall commit the	47967
defendant, if determined to require mental health treatment, to a	47968
~~hospital operated by~~ the department of mental health for treatment	47969
at a hospital, facility, or agency as determined clinically	47970
appropriate by the department of mental health or, if determined	47971
to require treatment for developmental disabilities, to a facility	47972
operated by the department of developmental disabilities, or	47973
another ~~medical or psychiatric~~ facility, as appropriate. In	47974
committing the defendant to the department of mental health, the	47975
court shall specify the least restrictive limitations on the	47976
defendant's freedom of movement determined to be necessary to	47977
protect public safety. In determining the place and nature of the	47978
commitment to a facility operated by the department of	47979
developmental disabilities or another facility for treatment of	47980
developmental disabilities, the court shall order the least	47981
restrictive commitment alternative available that is consistent	47982
with public safety and the welfare of the defendant. In weighing	47983
these factors, the court shall give preference to protecting	47984
public safety.	47985

(2) If a court makes a commitment of a defendant under	47986
division (D)(1) of this section, the prosecutor shall send to the	47987
hospital, facility, or agency where the defendant is placed by the	47988
department of mental health or to the defendant's place of	47989
commitment all reports of the defendant's current mental condition	47990
and, except as otherwise provided in this division, any other	47991
relevant information, including, but not limited to, a transcript	47992
of the hearing held pursuant to division (A)(2) of this section,	47993
copies of relevant police reports, and copies of any prior arrest	47994
and conviction records that pertain to the defendant and that the	47995
prosecutor possesses. The prosecutor shall send the reports of the	47996
defendant's current mental condition in every case of commitment,	47997
and, unless the prosecutor determines that the release of any of	47998
the other relevant information to unauthorized persons would	47999
interfere with the effective prosecution of any person or would	48000
create a substantial risk of harm to any person, the prosecutor	48001
also shall send the other relevant information. ~~Upon admission of~~	48002
~~a defendant committed under division (D)(1) of this section, the~~	48003
~~place of commitment shall send to the board of alcohol, drug~~	48004
~~addiction, and mental health services or the community mental~~	48005
~~health board serving the county in which the charges against the~~	48006
~~defendant were filed a copy of all reports of the defendant's~~	48007
~~current mental condition and a copy of the other relevant~~	48008
~~information provided by the prosecutor under this division,~~	48009
~~including, if provided, a transcript of the hearing held pursuant~~	48010
~~to division (A)(2) of this section, the relevant police reports,~~	48011
~~and the prior arrest and conviction records that pertain to the~~	48012
~~defendant and that the prosecutor possesses.~~	48013

(3) If a court makes a commitment under division (D)(1) of	48014
this section, all further proceedings shall be in accordance with	48015
sections 2945.401 and 2945.402 of the Revised Code.	48016

Sec. 2945.40. (A) If a person is found not guilty by reason	48017
of insanity, the verdict shall state that finding, and the trial	48018
court shall conduct a full hearing to determine whether the person	48019
is a mentally ill person subject to hospitalization by court order	48020
or a mentally retarded person subject to institutionalization by	48021
court order. Prior to the hearing, if the trial judge believes	48022
that there is probable cause that the person found not guilty by	48023
reason of insanity is a mentally ill person subject to	48024
hospitalization by court order or mentally retarded person subject	48025
to institutionalization by court order, the trial judge may issue	48026
a temporary order of detention for that person to remain in effect	48027
for ten court days or until the hearing, whichever occurs first.	48028

Any person detained pursuant to a temporary order of	48029
detention issued under this division shall be held in a suitable	48030
facility, taking into consideration the place and type of	48031
confinement prior to and during trial.	48032

(B) The court shall hold the hearing under division (A) of	48033
this section to determine whether the person found not guilty by	48034
reason of insanity is a mentally ill person subject to	48035
hospitalization by court order or a mentally retarded person	48036
subject to institutionalization by court order within ten court	48037
days after the finding of not guilty by reason of insanity.	48038
Failure to conduct the hearing within the ten-day period shall	48039
cause the immediate discharge of the respondent, unless the judge	48040
grants a continuance for not longer than ten court days for good	48041
cause shown or for any period of time upon motion of the	48042
respondent.	48043

(C) If a person is found not guilty by reason of insanity,	48044
the person has the right to attend all hearings conducted pursuant	48045
to sections 2945.37 to 2945.402 of the Revised Code. At any	48046
hearing conducted pursuant to one of those sections, the court	48047
shall inform the person that the person has all of the following	48048
rights:	48049

(1) The right to be represented by counsel and to have that	48050
counsel provided at public expense if the person is indigent, with	48051
the counsel to be appointed by the court under Chapter 120. of the	48052
Revised Code or under the authority recognized in division (C) of	48053
section 120.06, division (E) of section 120.16, division (E) of	48054
section 120.26, or section 2941.51 of the Revised Code;	48055

(2) The right to have independent expert evaluation and to	48056
have that independent expert evaluation provided at public expense	48057
if the person is indigent;	48058

(3) The right to subpoena witnesses and documents, to present	48059
evidence on the person's behalf, and to cross-examine witnesses	48060
against the person;	48061

(4) The right to testify in the person's own behalf and to	48062
not be compelled to testify;	48063

(5) The right to have copies of any relevant medical or	48064
mental health document in the custody of the state or of any place	48065
of commitment other than a document for which the court finds that	48066
the release to the person of information contained in the document	48067
would create a substantial risk of harm to any person.	48068

(D) The hearing under division (A) of this section shall be	48069
open to the public, and the court shall conduct the hearing in	48070
accordance with the Rules of Civil Procedure. The court shall make	48071
and maintain a full transcript and record of the hearing	48072
proceedings. The court may consider all relevant evidence,	48073
including, but not limited to, any relevant psychiatric,	48074
psychological, or medical testimony or reports, the acts	48075
constituting the offense in relation to which the person was found	48076
not guilty by reason of insanity, and any history of the person	48077
that is relevant to the person's ability to conform to the law.	48078

(E) Upon completion of the hearing under division (A) of this	48079
section, if the court finds there is not clear and convincing	48080
evidence that the person is a mentally ill person subject to	48081
hospitalization by court order or a mentally retarded person	48082
subject to institutionalization by court order, the court shall	48083
discharge the person, unless a detainer has been placed upon the	48084
person by the department of rehabilitation and correction, in	48085
which case the person shall be returned to that department.	48086

(F) If, at the hearing under division (A) of this section,	48087
the court finds by clear and convincing evidence that the person	48088
is a mentally ill person subject to hospitalization by court order	48089
or, the court shall commit the person to the department of mental	48090
health for placement in a hospital, facility, or agency as	48091
determined clinically appropriate by the department of mental	48092
health. If, at the hearing under division (A) of this section, the	48093
court finds by clear and convincing evidence that the person is a	48094
mentally retarded person subject to institutionalization by court	48095
order, it shall commit the person to a ~~hospital operated by the~~	48096
~~department of mental health, a~~ facility operated by the department	48097
of developmental disabilities, or another ~~medical or psychiatric~~	48098
facility, as appropriate~~, and further~~. Further proceedings shall	48099
be in accordance with sections 2945.401 and 2945.402 of the	48100
Revised Code. In committing the person to the department of mental	48101
health, the court shall specify the least restrictive limitations	48102
to the defendant's freedom of movement determined to be necessary	48103
to protect public safety. In determining the place and nature of	48104
the commitment of a mentally retarded person subject to	48105
institutionalization by court order, the court shall order the	48106
least restrictive commitment alternative available that is	48107
consistent with public safety and the welfare of the person. In	48108
weighing these factors, the court shall give preference to	48109
protecting public safety.	48110

(G) If a court makes a commitment of a person under division	48111
(F) of this section, the prosecutor shall send to the hospital,	48112
facility, or agency where the person is placed by the department	48113
of mental health or to the defendant's place of commitment all	48114
reports of the person's current mental condition, and, except as	48115
otherwise provided in this division, any other relevant	48116
information, including, but not limited to, a transcript of the	48117
hearing held pursuant to division (A) of this section, copies of	48118
relevant police reports, and copies of any prior arrest and	48119
conviction records that pertain to the person and that the	48120
prosecutor possesses. The prosecutor shall send the reports of the	48121
person's current mental condition in every case of commitment,	48122
and, unless the prosecutor determines that the release of any of	48123
the other relevant information to unauthorized persons would	48124
interfere with the effective prosecution of any person or would	48125
create a substantial risk of harm to any person, the prosecutor	48126
also shall send the other relevant information. ~~Upon admission of~~	48127
~~a person committed under division (F) of this section, the place~~	48128
~~of commitment shall send to the board of alcohol, drug addiction,~~	48129
~~and mental health services or the community mental health board~~	48130
~~serving the county in which the charges against the person were~~	48131
~~filed a copy of all reports of the person's current mental~~	48132
~~condition and a copy of the other relevant information provided by~~	48133
~~the prosecutor under this division, including, if provided, a~~	48134
~~transcript of the hearing held pursuant to division (A) of this~~	48135
~~section, the relevant police reports, and the prior arrest and~~	48136
~~conviction records that pertain to the person and that the~~	48137
~~prosecutor possesses.~~	48138

(H) A person who is committed pursuant to this section shall	48139
not voluntarily admit the person or be voluntarily admitted to a	48140
hospital or institution pursuant to section 5122.02, 5122.15,	48141
5123.69, or 5123.76 of the Revised Code.	48142

Sec. 2945.401. (A) A defendant found incompetent to stand	48143
trial and committed pursuant to section 2945.39 of the Revised	48144
Code or a person found not guilty by reason of insanity and	48145
committed pursuant to section 2945.40 of the Revised Code shall	48146
remain subject to the jurisdiction of the trial court pursuant to	48147
that commitment, and to the provisions of this section, until the	48148
final termination of the commitment as described in division	48149
(J)(1) of this section. If the jurisdiction is terminated under	48150
this division because of the final termination of the commitment	48151
resulting from the expiration of the maximum prison term or term	48152
of imprisonment described in division (J)(1)(b) of this section,	48153
the court or prosecutor may file an affidavit for the civil	48154
commitment of the defendant or person pursuant to Chapter 5122. or	48155
5123. of the Revised Code.	48156

(B) A hearing conducted under any provision of sections	48157
2945.37 to 2945.402 of the Revised Code shall not be conducted in	48158
accordance with Chapters 5122. and 5123. of the Revised Code. Any	48159
person who is committed pursuant to section 2945.39 or 2945.40 of	48160
the Revised Code shall not voluntarily admit the person or be	48161
voluntarily admitted to a hospital or institution pursuant to	48162
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	48163
All other provisions of Chapters 5122. and 5123. of the Revised	48164
Code regarding hospitalization or institutionalization shall apply	48165
to the extent they are not in conflict with this chapter. A	48166
commitment under section 2945.39 or 2945.40 of the Revised Code	48167
shall not be terminated and the conditions of the commitment shall	48168
not be changed except as otherwise provided in division (D)(2) of	48169
this section with respect to a mentally retarded person subject to	48170
institutionalization by court order or except by order of the	48171
trial court.	48172

(C) The ~~hospital,~~department of mental health or the	48173
institution or facility~~, or program~~ to which a defendant or person	48174
has been committed under section 2945.39 or 2945.40 of the Revised	48175
Code shall report in writing to the trial court, at the times	48176
specified in this division, as to whether the defendant or person	48177
remains a mentally ill person subject to hospitalization by court	48178
order or a mentally retarded person subject to	48179
institutionalization by court order and, in the case of a	48180
defendant committed under section 2945.39 of the Revised Code, as	48181
to whether the defendant remains incompetent to stand trial. The	48182
~~hospital~~department, institution, or facility~~, or program~~ shall	48183
make the reports after the initial six months of treatment and	48184
every two years after the initial report is made. The trial court	48185
shall provide copies of the reports to the prosecutor and to the	48186
counsel for the defendant or person. Within thirty days after its	48187
receipt pursuant to this division of a report from ~~a hospital~~the	48188
department, institution, or facility~~, or program~~, the trial court	48189
shall hold a hearing on the continued commitment of the defendant	48190
or person or on any changes in the conditions of the commitment of	48191
the defendant or person. The defendant or person may request a	48192
change in the conditions of confinement, and the trial court shall	48193
conduct a hearing on that request if six months or more have	48194
elapsed since the most recent hearing was conducted under this	48195
section.	48196

(D)(1) Except as otherwise provided in division (D)(2) of	48197
this section, when a defendant or person has been committed under	48198
section 2945.39 or 2945.40 of the Revised Code, at any time after	48199
evaluating the risks to public safety and the welfare of the	48200
defendant or person, the ~~chief clinical officer~~designee of the	48201
department of mental health or the managing officer of the	48202
institution or director of the ~~hospital,~~ facility~~, or program~~ to	48203
which the defendant or person is committed may recommend a	48204
termination of the defendant's or person's commitment or a change	48205
in the conditions of the defendant's or person's commitment.	48206

Except as otherwise provided in division (D)(2) of this	48207
section, if the ~~chief clinical officer~~designee of the department	48208
of mental health recommends on-grounds unsupervised movement,	48209
off-grounds supervised movement, or nonsecured status for the	48210
defendant or person or termination of the defendant's or person's	48211
commitment, the following provisions apply:	48212

(a) If the ~~chief clinical officer~~department's designee	48213
recommends on-grounds unsupervised movement or off-grounds	48214
supervised movement, the ~~chief clinical officer~~department's	48215
designee shall file with the trial court an application for	48216
approval of the movement and shall send a copy of the application	48217
to the prosecutor. Within fifteen days after receiving the	48218
application, the prosecutor may request a hearing on the	48219
application and, if a hearing is requested, shall so inform the	48220
~~chief clinical officer~~department's designee. If the prosecutor	48221
does not request a hearing within the fifteen-day period, the	48222
trial court shall approve the application by entering its order	48223
approving the requested movement or, within five days after the	48224
expiration of the fifteen-day period, shall set a date for a	48225
hearing on the application. If the prosecutor requests a hearing	48226
on the application within the fifteen-day period, the trial court	48227
shall hold a hearing on the application within thirty days after	48228
the hearing is requested. If the trial court, within five days	48229
after the expiration of the fifteen-day period, sets a date for a	48230
hearing on the application, the trial court shall hold the hearing	48231
within thirty days after setting the hearing date. At least	48232
fifteen days before any hearing is held under this division, the	48233
trial court shall give the prosecutor written notice of the date,	48234
time, and place of the hearing. At the conclusion of each hearing	48235
conducted under this division, the trial court either shall	48236
approve or disapprove the application and shall enter its order	48237
accordingly.	48238

(b) If the ~~chief clinical officer~~department's designee	48239
recommends termination of the defendant's or person's commitment	48240
at any time or if the ~~chief clinical officer~~department's designee	48241
recommends the first of any nonsecured status for the defendant or	48242
person, the ~~chief clinical officer~~department's designee shall	48243
send written notice of this recommendation to the trial court and	48244
to the local forensic center. The local forensic center shall	48245
evaluate the committed defendant or person and, within thirty days	48246
after its receipt of the written notice, shall submit to the trial	48247
court and the ~~chief clinical officer~~department's designee a	48248
written report of the evaluation. The trial court shall provide a	48249
copy of the ~~chief clinical officer's~~department's designee's	48250
written notice and of the local forensic center's written report	48251
to the prosecutor and to the counsel for the defendant or person.	48252
Upon the local forensic center's submission of the report to the	48253
trial court and the ~~chief clinical officer~~department's designee,	48254
all of the following apply:	48255

(i) If the forensic center disagrees with the recommendation	48256
of the ~~chief clinical officer~~department's designee, it shall	48257
inform the ~~chief clinical officer~~department's designee and the	48258
trial court of its decision and the reasons for the decision. The	48259
~~chief clinical officer~~department's designee, after consideration	48260
of the forensic center's decision, shall either withdraw, proceed	48261
with, or modify and proceed with the recommendation. If the ~~chief~~	48262
~~clinical officer~~department's designee proceeds with, or modifies	48263
and proceeds with, the recommendation, the ~~chief clinical officer~~	48264
department's designee shall proceed in accordance with division	48265
(D)(1)(b)(iii) of this section.	48266

(ii) If the forensic center agrees with the recommendation of	48267
the ~~chief clinical officer~~department's designee, it shall inform	48268
the ~~chief clinical officer~~department's designee and the trial	48269
court of its decision and the reasons for the decision, and the	48270
~~chief clinical officer~~department's designee shall proceed in	48271
accordance with division (D)(1)(b)(iii) of this section.	48272

(iii) If the forensic center disagrees with the	48273
recommendation of the ~~chief clinical officer~~ department's	48274
designee and the ~~chief clinical officer~~department's designee	48275
proceeds with, or modifies and proceeds with, the recommendation	48276
or if the forensic center agrees with the recommendation of the	48277
~~chief clinical officer~~department's designee, the ~~chief clinical~~	48278
~~officer~~department's designee shall work with ~~the board~~community	48279
mental health agencies, programs, facilities, or boards of	48280
alcohol, drug addiction, and mental health services ~~or community~~	48281
~~mental health board serving the area, as appropriate,~~ to develop a	48282
plan to implement the recommendation. If the defendant or person	48283
is on medication, the plan shall include, but shall not be limited	48284
to, a system to monitor the defendant's or person's compliance	48285
with the prescribed medication treatment plan. The system shall	48286
include a schedule that clearly states when the defendant or	48287
person shall report for a medication compliance check. The	48288
medication compliance checks shall be based upon the effective	48289
duration of the prescribed medication, taking into account the	48290
route by which it is taken, and shall be scheduled at intervals	48291
sufficiently close together to detect a potential increase in	48292
mental illness symptoms that the medication is intended to	48293
prevent.	48294

The ~~chief clinical officer, after consultation with the board~~	48295
~~of alcohol, drug addiction, and mental health services or the~~	48296
~~community mental health board serving the area,~~department's	48297
designee shall send the recommendation and plan developed under	48298
division (D)(1)(b)(iii) of this section, in writing, to the trial	48299
court, the prosecutor and the counsel for the committed defendant	48300
or person. The trial court shall conduct a hearing on the	48301
recommendation and plan developed under division (D)(1)(b)(iii) of	48302
this section. Divisions (D)(1)(c) and (d) and (E) to (J) of this	48303
section apply regarding the hearing.	48304

(c) If the ~~chief clinical officer's~~department's designee's	48305
recommendation is for nonsecured status or termination of	48306
commitment, the prosecutor may obtain an independent expert	48307
evaluation of the defendant's or person's mental condition, and	48308
the trial court may continue the hearing on the recommendation for	48309
a period of not more than thirty days to permit time for the	48310
evaluation.	48311

The prosecutor may introduce the evaluation report or present	48312
other evidence at the hearing in accordance with the Rules of	48313
Evidence.	48314

(d) The trial court shall schedule the hearing on a ~~chief~~	48315
~~clinical officer's~~department's designee's recommendation for	48316
nonsecured status or termination of commitment and shall give	48317
reasonable notice to the prosecutor and the counsel for the	48318
defendant or person. Unless continued for independent evaluation	48319
at the prosecutor's request or for other good cause, the hearing	48320
shall be held within thirty days after the trial court's receipt	48321
of the recommendation and plan.	48322

(2)(a) Division (D)(1) of this section does not apply to	48323
on-grounds unsupervised movement of a defendant or person who has	48324
been committed under section 2945.39 or 2945.40 of the Revised	48325
Code, who is a mentally retarded person subject to	48326
institutionalization by court order, and who is being provided	48327
residential habilitation, care, and treatment in a facility	48328
operated by the department of developmental disabilities.	48329

(b) If, pursuant to section 2945.39 of the Revised Code, the	48330
trial court commits a defendant who is found incompetent to stand	48331
trial and who is a mentally retarded person subject to	48332
institutionalization by court order, if the defendant is being	48333
provided residential habilitation, care, and treatment in a	48334
facility operated by the department of developmental disabilities,	48335
if an individual who is conducting a survey for the department of	48336
health to determine the facility's compliance with the	48337
certification requirements of the medicaid program under Chapter	48338
5111. of the Revised Code and Title XIX of the "Social Security	48339
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, cites the	48340
defendant's receipt of the residential habilitation, care, and	48341
treatment in the facility as being inappropriate under the	48342
certification requirements, if the defendant's receipt of the	48343
residential habilitation, care, and treatment in the facility	48344
potentially jeopardizes the facility's continued receipt of	48345
federal medicaid moneys, and if as a result of the citation the	48346
chief clinical officer of the facility determines that the	48347
conditions of the defendant's commitment should be changed, the	48348
department of developmental disabilities may cause the defendant	48349
to be removed from the particular facility and, after evaluating	48350
the risks to public safety and the welfare of the defendant and	48351
after determining whether another type of placement is consistent	48352
with the certification requirements, may place the defendant in	48353
another facility that the department selects as an appropriate	48354
facility for the defendant's continued receipt of residential	48355
habilitation, care, and treatment and that is a no less secure	48356
setting than the facility in which the defendant had been placed	48357
at the time of the citation. Within three days after the	48358
defendant's removal and alternative placement under the	48359
circumstances described in division (D)(2)(b) of this section, the	48360
department of developmental disabilities shall notify the trial	48361
court and the prosecutor in writing of the removal and alternative	48362
placement.	48363

The trial court shall set a date for a hearing on the removal	48364
and alternative placement, and the hearing shall be held within	48365
twenty-one days after the trial court's receipt of the notice from	48366
the department of developmental disabilities. At least ten days	48367
before the hearing is held, the trial court shall give the	48368
prosecutor, the department of developmental disabilities, and the	48369
counsel for the defendant written notice of the date, time, and	48370
place of the hearing. At the hearing, the trial court shall	48371
consider the citation issued by the individual who conducted the	48372
survey for the department of health to be prima-facie evidence of	48373
the fact that the defendant's commitment to the particular	48374
facility was inappropriate under the certification requirements of	48375
the medicaid program under Chapter 5111. of the Revised Code and	48376
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	48377
U.S.C.A. 301, as amended, and potentially jeopardizes the	48378
particular facility's continued receipt of federal medicaid	48379
moneys. At the conclusion of the hearing, the trial court may	48380
approve or disapprove the defendant's removal and alternative	48381
placement. If the trial court approves the defendant's removal and	48382
alternative placement, the department of developmental	48383
disabilities may continue the defendant's alternative placement.	48384
If the trial court disapproves the defendant's removal and	48385
alternative placement, it shall enter an order modifying the	48386
defendant's removal and alternative placement, but that order	48387
shall not require the department of developmental disabilities to	48388
replace the defendant for purposes of continued residential	48389
habilitation, care, and treatment in the facility associated with	48390
the citation issued by the individual who conducted the survey for	48391
the department of health.	48392

(E) In making a determination under this section regarding	48393
nonsecured status or termination of commitment, the trial court	48394
shall consider all relevant factors, including, but not limited	48395
to, all of the following:	48396

(1) Whether, in the trial court's view, the defendant or	48397
person currently represents a substantial risk of physical harm to	48398
the defendant or person or others;	48399

(2) Psychiatric and medical testimony as to the current	48400
mental and physical condition of the defendant or person;	48401

(3) Whether the defendant or person has insight into the	48402
dependant's or person's condition so that the defendant or person	48403
will continue treatment as prescribed or seek professional	48404
assistance as needed;	48405

(4) The grounds upon which the state relies for the proposed	48406
commitment;	48407

(5) Any past history that is relevant to establish the	48408
defendant's or person's degree of conformity to the laws, rules,	48409
regulations, and values of society;	48410

(6) If there is evidence that the defendant's or person's	48411
mental illness is in a state of remission, the medically suggested	48412
cause and degree of the remission and the probability that the	48413
defendant or person will continue treatment to maintain the	48414
remissive state of the defendant's or person's illness should the	48415
defendant's or person's commitment conditions be altered.	48416

(F) At any hearing held pursuant to division (C) or (D)(1) or	48417
(2) of this section, the defendant or the person shall have all	48418
the rights of a defendant or person at a commitment hearing as	48419
described in section 2945.40 of the Revised Code.	48420

(G) In a hearing held pursuant to division (C) or (D)(1) of	48421
this section, the prosecutor has the burden of proof as follows:	48422

(1) For a recommendation of termination of commitment, to	48423
show by clear and convincing evidence that the defendant or person	48424
remains a mentally ill person subject to hospitalization by court	48425
order or a mentally retarded person subject to	48426
institutionalization by court order;	48427

(2) For a recommendation for a change in the conditions of	48428
the commitment to a less restrictive status, to show by clear and	48429
convincing evidence that the proposed change represents a threat	48430
to public safety or a threat to the safety of any person.	48431

(H) In a hearing held pursuant to division (C) or (D)(1) or	48432
(2) of this section, the prosecutor shall represent the state or	48433
the public interest.	48434

(I) At the conclusion of a hearing conducted under division	48435
(D)(1) of this section regarding a recommendation from the ~~chief~~	48436
~~clinical officer~~designee of the department of mental health,	48437
managing officer of the institution, or director of a ~~hospital,~~	48438
~~program, or~~ facility, the trial court may approve, disapprove, or	48439
modify the recommendation and shall enter an order accordingly.	48440

(J)(1) A defendant or person who has been committed pursuant	48441
to section 2945.39 or 2945.40 of the Revised Code continues to be	48442
under the jurisdiction of the trial court until the final	48443
termination of the commitment. For purposes of division (J) of	48444
this section, the final termination of a commitment occurs upon	48445
the earlier of one of the following:	48446

(a) The defendant or person no longer is a mentally ill	48447
person subject to hospitalization by court order or a mentally	48448
retarded person subject to institutionalization by court order, as	48449
determined by the trial court;	48450

(b) The expiration of the maximum prison term or term of	48451
imprisonment that the defendant or person could have received if	48452
the defendant or person had been convicted of the most serious	48453
offense with which the defendant or person is charged or in	48454
relation to which the defendant or person was found not guilty by	48455
reason of insanity;	48456

(c) The trial court enters an order terminating the	48457
commitment under the circumstances described in division	48458
(J)(2)(a)(ii) of this section.	48459

(2)(a) If a defendant is found incompetent to stand trial and	48460
committed pursuant to section 2945.39 of the Revised Code, if	48461
neither of the circumstances described in divisions (J)(1)(a) and	48462
(b) of this section applies to that defendant, and if a report	48463
filed with the trial court pursuant to division (C) of this	48464
section indicates that the defendant presently is competent to	48465
stand trial or if, at any other time during the period of the	48466
defendant's commitment, the prosecutor, the counsel for the	48467
defendant, or the ~~chief clinical officer~~designee of the	48468
department of mental health or the managing officer of the	48469
institution or director of the ~~hospital,~~ facility~~, or program~~ to	48470
which the defendant is committed files an application with the	48471
trial court alleging that the defendant presently is competent to	48472
stand trial and requesting a hearing on the competency issue or	48473
the trial court otherwise has reasonable cause to believe that the	48474
defendant presently is competent to stand trial and determines on	48475
its own motion to hold a hearing on the competency issue, the	48476
trial court shall schedule a hearing on the competency of the	48477
defendant to stand trial, shall give the prosecutor, the counsel	48478
for the defendant, and the ~~chief clinical officer~~department's	48479
designee or the managing officer of the institution or the	48480
director of the facility to which the defendant is committed	48481
notice of the date, time, and place of the hearing at least	48482
fifteen days before the hearing, and shall conduct the hearing	48483
within thirty days of the filing of the application or of its own	48484
motion. If, at the conclusion of the hearing, the trial court	48485
determines that the defendant presently is capable of	48486
understanding the nature and objective of the proceedings against	48487
the defendant and of assisting in the defendant's defense, the	48488
trial court shall order that the defendant is competent to stand	48489
trial and shall be proceeded against as provided by law with	48490
respect to the applicable offenses described in division (C)(1) of	48491
section 2945.38 of the Revised Code and shall enter whichever of	48492
the following additional orders is appropriate:	48493

(i) If the trial court determines that the defendant remains	48494
a mentally ill person subject to hospitalization by court order or	48495
a mentally retarded person subject to institutionalization by	48496
court order, the trial court shall order that the defendant's	48497
commitment to the ~~hospital,~~department of mental health or to an	48498
institution or facility~~, or program~~for the treatment of	48499
developmental disabilities be continued during the pendency of the	48500
trial on the applicable offenses described in division (C)(1) of	48501
section 2945.38 of the Revised Code.	48502

(ii) If the trial court determines that the defendant no	48503
longer is a mentally ill person subject to hospitalization by	48504
court order or a mentally retarded person subject to	48505
institutionalization by court order, the trial court shall order	48506
that the defendant's commitment to the ~~hospital,~~department of	48507
mental health or to an institution or facility~~, or program~~for the	48508
treatment of developmental disabilities shall not be continued	48509
during the pendency of the trial on the applicable offenses	48510
described in division (C)(1) of section 2945.38 of the Revised	48511
Code. This order shall be a final termination of the commitment	48512
for purposes of division (J)(1)(c) of this section.	48513

(b) If, at the conclusion of the hearing described in	48514
division (J)(2)(a) of this section, the trial court determines	48515
that the defendant remains incapable of understanding the nature	48516
and objective of the proceedings against the defendant or of	48517
assisting in the defendant's defense, the trial court shall order	48518
that the defendant continues to be incompetent to stand trial,	48519
that the defendant's commitment to the ~~hospital,~~department of	48520
mental health or to an institution or facility~~, or program~~for the	48521
treatment of developmental disabilities shall be continued, and	48522
that the defendant remains subject to the jurisdiction of the	48523
trial court pursuant to that commitment, and to the provisions of	48524
this section, until the final termination of the commitment as	48525
described in division (J)(1) of this section.	48526

Sec. 2945.402. (A) In approving a conditional release, the	48527
trial court may set any conditions on the release with respect to	48528
the treatment, evaluation, counseling, or control of the defendant	48529
or person that the court considers necessary to protect the public	48530
safety and the welfare of the defendant or person. The trial court	48531
may revoke a defendant's or person's conditional release and order	48532
~~rehospitalization~~reinstatement of the previous placement or	48533
reinstitutionalization at any time the conditions of the release	48534
have not been satisfied, provided that the revocation shall be in	48535
accordance with this section.	48536

(B) A conditional release is a commitment. The hearings on	48537
continued commitment as described in section 2945.401 of the	48538
Revised Code apply to a defendant or person on conditional	48539
release.	48540

(C) A person, agency, or facility that is assigned to monitor	48541
a defendant or person on conditional release immediately shall	48542
notify the trial court on learning that the defendant or person	48543
being monitored has violated the terms of the conditional release.	48544
Upon learning of any violation of the terms of the conditional	48545
release, the trial court may issue a temporary order of detention	48546
or, if necessary, an arrest warrant for the defendant or person.	48547
Within ten court days after the defendant's or person's detention	48548
or arrest, the trial court shall conduct a hearing to determine	48549
whether the conditional release should be modified or terminated.	48550
At the hearing, the defendant or person shall have the same rights	48551
as are described in division (C) of section 2945.40 of the Revised	48552
Code. The trial court may order a continuance of the ten-court-day	48553
period for no longer than ten days for good cause shown or for any	48554
period on motion of the defendant or person. If the trial court	48555
fails to conduct the hearing within the ten-court-day period and	48556
does not order a continuance in accordance with this division, the	48557
defendant or person shall be restored to the prior conditional	48558
release status.	48559

(D) The trial court shall give all parties reasonable notice	48560
of a hearing conducted under this section. At the hearing, the	48561
prosecutor shall present the case demonstrating that the defendant	48562
or person violated the terms of the conditional release. If the	48563
court finds by a preponderance of the evidence that the defendant	48564
or person violated the terms of the conditional release, the court	48565
may continue, modify, or terminate the conditional release and	48566
shall enter its order accordingly.	48567

Sec. 2949.14. Upon conviction of a nonindigent person for a	48568
felony, the clerk of the court of common pleas shall make and	48569
certify under ~~his~~the clerk's hand and seal of the court, a	48570
complete itemized bill of the costs made in such prosecution,	48571
including the sum paid by the board of county commissioners,	48572
certified by the county auditor, for the arrest and return of the	48573
person on the requisition of the governor, or on the request of	48574
the governor to the president of the United States, or on the	48575
return of the fugitive by a designated agent pursuant to a waiver	48576
of extradition except in cases of parole violation. ~~Such bill of~~	48577
~~costs shall be presented by such clerk to the prosecuting~~	48578
~~attorney, who shall examine each item therein charged and certify~~	48579
~~to it if correct and legal. Upon certification by the prosecuting~~	48580
~~attorney, the~~The clerk shall attempt to collect the costs from	48581
the person convicted.	48582

Sec. 2953.08. (A) In addition to any other right to appeal	48583
and except as provided in division (D) of this section, a	48584
defendant who is convicted of or pleads guilty to a felony may	48585
appeal as a matter of right the sentence imposed upon the	48586
defendant on one of the following grounds:	48587

(1) The sentence consisted of or included the maximum prison	48588
term allowed for the offense by division (A) of section 2929.14 or	48589
section 2929.142 of the Revised Code, the sentence was not imposed	48590
pursuant to division (D)(3)(b) of section 2929.14 of the Revised	48591
Code, the maximum prison term was not required for the offense	48592
pursuant to Chapter 2925. or any other provision of the Revised	48593
Code, and the court imposed the sentence under one of the	48594
following circumstances:	48595

(a) The sentence was imposed for only one offense.

48596

(b) The sentence was imposed for two or more offenses arising	48597
out of a single incident, and the court imposed the maximum prison	48598
term for the offense of the highest degree.	48599

(2) The sentence consisted of or included a prison term, the	48600
offense for which it was imposed is a felony of the fourth or	48601
fifth degree or is a felony drug offense that is a violation of a	48602
provision of Chapter 2925. of the Revised Code and that is	48603
specified as being subject to division (B) of section 2929.13 of	48604
the Revised Code for purposes of sentencing, and the court did not	48605
specify at sentencing that it found one or more factors specified	48606
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised	48607
Code to apply relative to the defendant. If the court specifies	48608
that it found one or more of those factors to apply relative to	48609
the defendant, the defendant is not entitled under this division	48610
to appeal as a matter of right the sentence imposed upon the	48611
offender.	48612

(3) The person was convicted of or pleaded guilty to a	48613
violent sex offense or a designated homicide, assault, or	48614
kidnapping offense, was adjudicated a sexually violent predator in	48615
relation to that offense, and was sentenced pursuant to division	48616
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	48617
of the indefinite term imposed pursuant to division (A)(3) of	48618
section 2971.03 of the Revised Code is the longest term available	48619
for the offense from among the range of terms listed in section	48620
2929.14 of the Revised Code. As used in this division, "designated	48621
homicide, assault, or kidnapping offense" and "violent sex	48622
offense" have the same meanings as in section 2971.01 of the	48623
Revised Code. As used in this division, "adjudicated a sexually	48624
violent predator" has the same meaning as in section 2929.01 of	48625
the Revised Code, and a person is "adjudicated a sexually violent	48626
predator" in the same manner and the same circumstances as are	48627
described in that section.	48628

(4) The sentence is contrary to law.

48629

(5) The sentence consisted of an additional prison term of	48630
ten years imposed pursuant to division (D)(2)(a) of section	48631
2929.14 of the Revised Code.	48632

(6) The sentence consisted of an additional prison term of	48633
ten years imposed pursuant to division (D)(3)(b) of section	48634
2929.14 of the Revised Code.	48635

(B) In addition to any other right to appeal and except as	48636
provided in division (D) of this section, a prosecuting attorney,	48637
a city director of law, village solicitor, or similar chief legal	48638
officer of a municipal corporation, or the attorney general, if	48639
one of those persons prosecuted the case, may appeal as a matter	48640
of right a sentence imposed upon a defendant who is convicted of	48641
or pleads guilty to a felony or, in the circumstances described in	48642
division (B)(3) of this section the modification of a sentence	48643
imposed upon such a defendant, on any of the following grounds:	48644

(1) The sentence did not include a prison term despite a	48645
presumption favoring a prison term for the offense for which it	48646
was imposed, as set forth in section 2929.13 or Chapter 2925. of	48647
the Revised Code.	48648

(2) The sentence is contrary to law.

48649

(3) The sentence is a modification under section 2929.20 of	48650
the Revised Code of a sentence that was imposed for a felony of	48651
the first or second degree.	48652

(C)(1) In addition to the right to appeal a sentence granted	48653
under division (A) or (B) of this section, a defendant who is	48654
convicted of or pleads guilty to a felony may seek leave to appeal	48655
a sentence imposed upon the defendant on the basis that the	48656
sentencing judge has imposed consecutive sentences under division	48657
(E)(3) or (4) of section 2929.14 of the Revised Code and that the	48658
consecutive sentences exceed the maximum prison term allowed by	48659
division (A) of that section for the most serious offense of which	48660
the defendant was convicted. Upon the filing of a motion under	48661
this division, the court of appeals may grant leave to appeal the	48662
sentence if the court determines that the allegation included as	48663
the basis of the motion is true.	48664

(2) A defendant may seek leave to appeal an additional	48665
sentence imposed upon the defendant pursuant to division (D)(2)(a)	48666
or (b) of section 2929.14 of the Revised Code if the additional	48667
sentence is for a definite prison term that is longer than five	48668
years.	48669

(D)(1) A sentence imposed upon a defendant is not subject to	48670
review under this section if the sentence is authorized by law,	48671
has been recommended jointly by the defendant and the prosecution	48672
in the case, and is imposed by a sentencing judge.	48673

(2) Except as provided in division (C)(2) of this section, a	48674
sentence imposed upon a defendant is not subject to review under	48675
this section if the sentence is imposed pursuant to division	48676
(D)(2)(b) of section 2929.14 of the Revised Code. Except as	48677
otherwise provided in this division, a defendant retains all	48678
rights to appeal as provided under this chapter or any other	48679
provision of the Revised Code. A defendant has the right to appeal	48680
under this chapter or any other provision of the Revised Code the	48681
court's application of division (D)(2)(c) of section 2929.14 of	48682
the Revised Code.	48683

(3) A sentence imposed for aggravated murder or murder	48684
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not	48685
subject to review under this section.	48686

(E) A defendant, prosecuting attorney, city director of law,	48687
village solicitor, or chief municipal legal officer shall file an	48688
appeal of a sentence under this section to a court of appeals	48689
within the time limits specified in Rule 4(B) of the Rules of	48690
Appellate Procedure, provided that if the appeal is pursuant to	48691
division (B)(3) of this section, the time limits specified in that	48692
rule shall not commence running until the court grants the motion	48693
that makes the sentence modification in question. A sentence	48694
appeal under this section shall be consolidated with any other	48695
appeal in the case. If no other appeal is filed, the court of	48696
appeals may review only the portions of the trial record that	48697
pertain to sentencing.	48698

(F) On the appeal of a sentence under this section, the	48699
record to be reviewed shall include all of the following, as	48700
applicable:	48701

(1) Any presentence, psychiatric, or other investigative	48702
report that was submitted to the court in writing before the	48703
sentence was imposed. An appellate court that reviews a	48704
presentence investigation report prepared pursuant to section	48705
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	48706
connection with the appeal of a sentence under this section shall	48707
comply with division (D)(3) of section 2951.03 of the Revised Code	48708
when the appellate court is not using the presentence	48709
investigation report, and the appellate court's use of a	48710
presentence investigation report of that nature in connection with	48711
the appeal of a sentence under this section does not affect the	48712
otherwise confidential character of the contents of that report as	48713
described in division (D)(1) of section 2951.03 of the Revised	48714
Code and does not cause that report to become a public record, as	48715
defined in section 149.43 of the Revised Code, following the	48716
appellate court's use of the report.	48717

(2) The trial record in the case in which the sentence was	48718
imposed;	48719

(3) Any oral or written statements made to or by the court at	48720
the sentencing hearing at which the sentence was imposed;	48721

(4) Any written findings that the court was required to make	48722
in connection with the modification of the sentence pursuant to a	48723
judicial release under division (I) of section 2929.20 of the	48724
Revised Code.	48725

(G)(1) If the sentencing court was required to make the	48726
findings required by division (B) or (D) of section 2929.13,	48727
division (D)(2)(e) or (E)(4) of section 2929.14, or division (I)	48728
of section 2929.20 of the Revised Code relative to the imposition	48729
or modification of the sentence, and if the sentencing court	48730
failed to state the required findings on the record, the court	48731
hearing an appeal under division (A), (B), or (C) of this section	48732
shall remand the case to the sentencing court and instruct the	48733
sentencing court to state, on the record, the required findings.	48734

(2) The court hearing an appeal under division (A), (B), or	48735
(C) of this section shall review the record, including the	48736
findings underlying the sentence or modification given by the	48737
sentencing court.	48738

The appellate court may increase, reduce, or otherwise modify	48739
a sentence that is appealed under this section or may vacate the	48740
sentence and remand the matter to the sentencing court for	48741
resentencing. The appellate court's standard for review is not	48742
whether the sentencing court abused its discretion. The appellate	48743
court may take any action authorized by this division if it	48744
clearly and convincingly finds either of the following:	48745

(a) That the record does not support the sentencing court's	48746
findings under division (B) or (D) of section 2929.13, division	48747
(D)(2)(e) or (E)(4) of section 2929.14, or division (I) of section	48748
2929.20 of the Revised Code, whichever, if any, is relevant;	48749

(b) That the sentence is otherwise contrary to law.

48750

(H) A judgment or final order of a court of appeals under	48751
this section may be appealed, by leave of court, to the supreme	48752
court.	48753

(I)(1) There is hereby established the felony sentence appeal	48754
cost oversight committee, consisting of eight members. One member	48755
shall be the chief justice of the supreme court or a	48756
representative of the court designated by the chief justice, one	48757
member shall be a member of the senate appointed by the president	48758
of the senate, one member shall be a member of the house of	48759
representatives appointed by the speaker of the house of	48760
representatives, one member shall be the director of budget and	48761
management or a representative of the office of budget and	48762
management designated by the director, one member shall be a judge	48763
of a court of appeals, court of common pleas, municipal court, or	48764
county court appointed by the chief justice of the supreme court,	48765
one member shall be the state public defender or a representative	48766
of the office of the state public defender designated by the state	48767
public defender, one member shall be a prosecuting attorney	48768
appointed by the Ohio prosecuting attorneys association, and one	48769
member shall be a county commissioner appointed by the county	48770
commissioners association of Ohio. No more than three of the	48771
appointed members of the committee may be members of the same	48772
political party.	48773

The president of the senate, the speaker of the house of	48774
representatives, the chief justice of the supreme court, the Ohio	48775
prosecuting attorneys association, and the county commissioners	48776
association of Ohio shall make the initial appointments to the	48777
committee of the appointed members no later than ninety days after	48778
July 1, 1996. Of those initial appointments to the committee, the	48779
members appointed by the speaker of the house of representatives	48780
and the Ohio prosecuting attorneys association shall serve a term	48781
ending two years after July 1, 1996, the member appointed by the	48782
chief justice of the supreme court shall serve a term ending three	48783
years after July 1, 1996, and the members appointed by the	48784
president of the senate and the county commissioners association	48785
of Ohio shall serve terms ending four years after July 1, 1996.	48786
Thereafter, terms of office of the appointed members shall be for	48787
four years, with each term ending on the same day of the same	48788
month as did the term that it succeeds. Members may be	48789
reappointed. Vacancies shall be filled in the same manner provided	48790
for original appointments. A member appointed to fill a vacancy	48791
occurring prior to the expiration of the term for which that	48792
member's predecessor was appointed shall hold office as a member	48793
for the remainder of the predecessor's term. An appointed member	48794
shall continue in office subsequent to the expiration date of that	48795
member's term until that member's successor takes office or until	48796
a period of sixty days has elapsed, whichever occurs first.	48797

If the chief justice of the supreme court, the director of	48798
the office of budget and management, or the state public defender	48799
serves as a member of the committee, that person's term of office	48800
as a member shall continue for as long as that person holds office	48801
as chief justice, director of the office of budget and management,	48802
or state public defender. If the chief justice of the supreme	48803
court designates a representative of the court to serve as a	48804
member, the director of budget and management designates a	48805
representative of the office of budget and management to serve as	48806
a member, or the state public defender designates a representative	48807
of the office of the state public defender to serve as a member,	48808
the person so designated shall serve as a member of the commission	48809
for as long as the official who made the designation holds office	48810
as chief justice, director of the office of budget and management,	48811
or state public defender or until that official revokes the	48812
designation.	48813

The chief justice of the supreme court or the representative	48814
of the supreme court appointed by the chief justice shall serve as	48815
chairperson of the committee. The committee shall meet within two	48816
weeks after all appointed members have been appointed and shall	48817
organize as necessary. Thereafter, the committee shall meet at	48818
least once every six months or more often upon the call of the	48819
chairperson or the written request of three or more members,	48820
provided that the committee shall not meet unless moneys have been	48821
appropriated to the judiciary budget administered by the supreme	48822
court specifically for the purpose of providing financial	48823
assistance to counties under division (I)(2) of this section and	48824
the moneys so appropriated then are available for that purpose.	48825

The members of the committee shall serve without	48826
compensation, but, if moneys have been appropriated to the	48827
judiciary budget administered by the supreme court specifically	48828
for the purpose of providing financial assistance to counties	48829
under division (I)(2) of this section, each member shall be	48830
reimbursed out of the moneys so appropriated that then are	48831
available for actual and necessary expenses incurred in the	48832
performance of official duties as a committee member.	48833

(2) The ~~state criminal sentencing commission periodically~~	48834
~~shall provide to the felony sentence appeal cost oversight~~	48835
~~committee all data the commission collects pursuant to division~~	48836
~~(A)(5) of section 181.25 of the Revised Code. Upon receipt of the~~	48837
~~data from the state criminal sentencing commission, the~~ felony	48838
sentence appeal cost oversight committee periodically shall ~~review~~	48839
~~the data;~~ determine whether any money has been appropriated to the	48840
judiciary budget administered by the supreme court specifically	48841
for the purpose of providing state financial assistance to	48842
counties in accordance with this division for the increase in	48843
expenses the counties experience as a result of the felony	48844
sentence appeal provisions set forth in this section or as a	48845
result of a postconviction relief proceeding brought under	48846
division (A)(2) of section 2953.21 of the Revised Code or an	48847
appeal of a judgment in that proceeding; if it determines that any	48848
money has been so appropriated, determine the total amount of	48849
moneys that have been so appropriated specifically for that	48850
purpose and that then are available for that purpose; and develop	48851
a recommended method of distributing those moneys to the counties.	48852
The committee shall send a copy of its recommendation to the	48853
supreme court. Upon receipt of the committee's recommendation, the	48854
supreme court shall distribute to the counties, based upon that	48855
recommendation, the moneys that have been so appropriated	48856
specifically for the purpose of providing state financial	48857
assistance to counties under this division and that then are	48858
available for that purpose.	48859

Sec. 2981.11. (A)(1) Any property that has been lost,	48860
abandoned, stolen, seized pursuant to a search warrant, or	48861
otherwise lawfully seized or forfeited and that is in the custody	48862
of a law enforcement agency shall be kept safely by the agency,	48863
pending the time it no longer is needed as evidence or for another	48864
lawful purpose, and shall be disposed of pursuant to sections	48865
2981.12 and 2981.13 of the Revised Code.	48866

(2) This chapter does not apply to the custody and disposal	48867
of any of the following:	48868

(a) Vehicles subject to forfeiture under Title XLV of the	48869
Revised Code, except as provided in division (A)(6) of section	48870
2981.12 of the Revised Code;	48871

(b) Abandoned junk motor vehicles or other property of	48872
negligible value;	48873

(c) Property held by a department of rehabilitation and	48874
correction institution that is unclaimed, that does not have an	48875
identified owner, that the owner agrees to dispose of, or that is	48876
identified by the department as having little value;	48877

(d) Animals taken, and devices used in unlawfully taking	48878
animals, under section 1531.20 of the Revised Code;	48879

(e) Controlled substances sold by a peace officer in the	48880
performance of the officer's official duties under section	48881
3719.141 of the Revised Code;	48882

(f) Property recovered by a township law enforcement agency	48883
under sections 505.105 to 505.109 of the Revised Code;	48884

(g) Property held and disposed of under an ordinance of the	48885
municipal corporation or under sections 737.29 to 737.33 of the	48886
Revised Code, except that a municipal corporation that has	48887
received notice of a citizens' reward program as provided in	48888
division (F) of section 2981.12 of the Revised Code and disposes	48889
of property under an ordinance shall pay twenty-five per cent of	48890
any moneys acquired from any sale or auction to the citizens'	48891
reward program.	48892

(B)(1) Each law enforcement agency that has custody of any	48893
property that is subject to this section shall adopt and comply	48894
with a written internal control policy that does all of the	48895
following:	48896

(a) Provides for keeping detailed records as to the amount of	48897
property acquired by the agency and the date property was	48898
acquired;	48899

(b) Provides for keeping detailed records of the disposition	48900
of the property, which shall include, but not be limited to, both	48901
of the following:	48902

(i) The manner in which it was disposed, the date of	48903
disposition, detailed financial records concerning any property	48904
sold, and the name of any person who received the property. The	48905
record shall not identify or enable identification of the	48906
individual officer who seized any item of property.	48907

(ii) The general types of expenditures made with amounts that	48908
are gained from the sale of the property and that are retained by	48909
the agency, including the specific amount expended on each general	48910
type of expenditure, except that the policy shall not provide for	48911
or permit the identification of any specific expenditure that is	48912
made in an ongoing investigation.	48913

(c) Complies with section 2981.13 of the Revised Code if the	48914
agency has a law enforcement trust fund or similar fund created	48915
under that section.	48916

(2) Each law enforcement agency that during any calendar year	48917
has any seized or forfeited property covered by this section in	48918
its custody, including amounts distributed under section 2981.13	48919
of the Revised Code to its law enforcement trust fund or a similar	48920
fund created for the state highway patrol, department of public	48921
safety, department of taxation, or state board of pharmacy, shall	48922
prepare a report covering the calendar year that cumulates all of	48923
the information contained in all of the public records kept by the	48924
agency pursuant to this section for that calendar year. The agency	48925
shall send a copy of the cumulative report to the attorney general	48926
not later than the first day of March in the calendar year	48927
following the calendar year covered by the report.	48928

(3) The records kept under the internal control policy shall	48929
be open to public inspection during the agency's regular business	48930
hours. The policy adopted under this section and each report	48931
received by the attorney general is a public record open for	48932
inspection under section 149.43 of the Revised Code.	48933

(4) Not later than the fifteenth day of April in each	48934
calendar year in which reports are sent to the attorney general	48935
under division (B)(2) of this section, the attorney general shall	48936
send to the president of the senate and the speaker of the house	48937
of representatives a written notice that indicates that the	48938
attorney general received reports that cover the previous calendar	48939
year, that the reports are open for inspection under section	48940
149.43 of the Revised Code, and that the attorney general will	48941
provide a copy of any or all of the reports to the president of	48942
the senate or the speaker of the house of representatives upon	48943
request.	48944

(C) A law enforcement agency with custody of property to be	48945
disposed of under section 2981.12 or 2981.13 of the Revised Code	48946
shall make a reasonable effort to locate persons entitled to	48947
possession of the property, to notify them of when and where it	48948
may be claimed, and to return the property to them at the earliest	48949
possible time. In the absence of evidence identifying persons	48950
entitled to possession, it is sufficient notice to advertise in a	48951
newspaper of general circulation in the county and to briefly	48952
describe the nature of the property in custody and inviting	48953
persons to view and establish their right to it.	48954

(D) As used in sections 2981.11 to 2981.13 of the Revised	48955
Code:	48956

(1) "Citizens' reward program" has the same meaning as in	48957
section 9.92 of the Revised Code.	48958

(2) "Law enforcement agency" includes correctional	48959
institutions.	48960

(3) "Township law enforcement agency" means an organized	48961
police department of a township, a township police district, a	48962
joint ~~township~~ police district, or the office of a township	48963
constable.	48964

Sec. 2981.13. (A) Except as otherwise provided in this	48965
section, property ordered forfeited as contraband, proceeds, or an	48966
instrumentality pursuant to this chapter shall be disposed of,	48967
used, or sold pursuant to section 2981.12 of the Revised Code. If	48968
the property is to be sold under that section, the prosecutor	48969
shall cause notice of the proposed sale to be given in accordance	48970
with law.	48971

(B) If the contraband or instrumentality forfeited under this	48972
chapter is sold, any moneys acquired from a sale and any proceeds	48973
forfeited under this chapter shall be applied in the following	48974
order:	48975

(1) First, to pay costs incurred in the seizure, storage,	48976
maintenance, security, and sale of the property and in the	48977
forfeiture proceeding;	48978

(2) Second, in a criminal forfeiture case, to satisfy any	48979
restitution ordered to the victim of the offense or, in a civil	48980
forfeiture case, to satisfy any recovery ordered for the person	48981
harmed, unless paid from other assets;	48982

(3) Third, to pay the balance due on any security interest	48983
preserved under this chapter;	48984

(4) Fourth, apply the remaining amounts as follows:

48985

(a) If the forfeiture was ordered by a juvenile court, ten	48986
per cent to one or more certified alcohol and drug addiction	48987
treatment programs as provided in division (D) of section 2981.12	48988
of the Revised Code;	48989

(b) If the forfeiture was ordered in a juvenile court, ninety	48990
per cent, and if the forfeiture was ordered in a court other than	48991
a juvenile court, one hundred per cent to the law enforcement	48992
trust fund of the prosecutor and to the following fund supporting	48993
the law enforcement agency that substantially conducted the	48994
investigation: the law enforcement trust fund of the county	48995
sheriff, municipal corporation, township, or park district created	48996
under section 511.18 or 1545.01 of the Revised Code; the state	48997
highway patrol contraband, forfeiture, and other fund; the	48998
department of public safety investigative unit contraband,	48999
forfeiture, and other fund; the department of taxation enforcement	49000
fund; the board of pharmacy drug law enforcement fund created by	49001
division (B)(1) of section 4729.65 of the Revised Code; the	49002
medicaid fraud investigation and prosecution fund; or the	49003
treasurer of state for deposit into the peace officer training	49004
commission fund if any other state law enforcement agency	49005
substantially conducted the investigation. In the case of property	49006
forfeited for medicaid fraud, any remaining amount shall be used	49007
by the attorney general to investigate and prosecute medicaid	49008
fraud offenses.	49009

If the prosecutor declines to accept any of the remaining	49010
amounts, the amounts shall be applied to the fund of the agency	49011
that substantially conducted the investigation.	49012

(c) If more than one law enforcement agency is substantially	49013
involved in the seizure of property forfeited under this chapter,	49014
the court ordering the forfeiture shall equitably divide the	49015
amounts, after calculating any distribution to the law enforcement	49016
trust fund of the prosecutor pursuant to division (B)(4) of this	49017
section, among the entities that the court determines were	49018
substantially involved in the seizure.	49019

(C)(1) A law enforcement trust fund shall be established by	49020
the prosecutor of each county who intends to receive any remaining	49021
amounts pursuant to this section, by the sheriff of each county,	49022
by the legislative authority of each municipal corporation, by the	49023
board of township trustees of each township that has a township	49024
police department, township or joint police district police force,	49025
or office of the constable, and by the board of park commissioners	49026
of each park district created pursuant to section 511.18 or	49027
1545.01 of the Revised Code that has a park district police force	49028
or law enforcement department, for the purposes of this section.	49029

There is hereby created in the state treasury the state	49030
highway patrol contraband, forfeiture, and other fund, the	49031
department of public safety investigative unit contraband,	49032
forfeiture, and other fund, the medicaid fraud investigation and	49033
prosecution fund, the department of taxation enforcement fund, and	49034
the peace officer training commission fund, for the purposes of	49035
this section.	49036

Amounts distributed to any municipal corporation, township,	49037
or park district law enforcement trust fund shall be allocated	49038
from the fund by the legislative authority only to the police	49039
department of the municipal corporation, by the board of township	49040
trustees only to the township police department, township police	49041
district police force, or office of the constable, by the joint	49042
police district board only to the joint police district, and by	49043
the board of park commissioners only to the park district police	49044
force or law enforcement department.	49045

(2)(a) No amounts shall be allocated to a fund created under	49046
this section or used by an agency unless the agency has adopted a	49047
written internal control policy that addresses the use of moneys	49048
received from the appropriate fund. The appropriate fund shall be	49049
expended only in accordance with that policy and, subject to the	49050
requirements specified in this section, only for the following	49051
purposes:	49052

(i) To pay the costs of protracted or complex investigations	49053
or prosecutions;	49054

(ii) To provide reasonable technical training or expertise;

49055

(iii) To provide matching funds to obtain federal grants to	49056
aid law enforcement, in the support of DARE programs or other	49057
programs designed to educate adults or children with respect to	49058
the dangers associated with the use of drugs of abuse;	49059

(iv) To pay the costs of emergency action taken under section	49060
3745.13 of the Revised Code relative to the operation of an	49061
illegal methamphetamine laboratory if the forfeited property or	49062
money involved was that of a person responsible for the operation	49063
of the laboratory;	49064

(v) For other law enforcement purposes that the	49065
superintendent of the state highway patrol, department of public	49066
safety, prosecutor, county sheriff, legislative authority,	49067
department of taxation, board of township trustees, or board of	49068
park commissioners determines to be appropriate.	49069

(b) The board of pharmacy drug law enforcement fund shall be	49070
expended only in accordance with the written internal control	49071
policy so adopted by the board and only in accordance with section	49072
4729.65 of the Revised Code, except that it also may be expended	49073
to pay the costs of emergency action taken under section 3745.13	49074
of the Revised Code relative to the operation of an illegal	49075
methamphetamine laboratory if the forfeited property or money	49076
involved was that of a person responsible for the operation of the	49077
laboratory.	49078

(c) The state highway patrol contraband, forfeiture, and	49079
other fund, the department of public safety investigative unit	49080
contraband, forfeiture, and other fund, the department of taxation	49081
enforcement fund, the board of pharmacy drug law enforcement fund,	49082
and a law enforcement trust fund shall not be used to meet the	49083
operating costs of the state highway patrol, of the investigative	49084
unit of the department of public safety, of the state board of	49085
pharmacy, of any political subdivision, or of any office of a	49086
prosecutor or county sheriff that are unrelated to law	49087
enforcement.	49088

(d) Forfeited moneys that are paid into the state treasury to	49089
be deposited into the peace officer training commission fund shall	49090
be used by the commission only to pay the costs of peace officer	49091
training.	49092

(3) Any of the following offices or agencies that receive	49093
amounts under this section during any calendar year shall file a	49094
report with the specified entity, not later than the thirty-first	49095
day of January of the next calendar year, verifying that the	49096
moneys were expended only for the purposes authorized by this	49097
section or other relevant statute and specifying the amounts	49098
expended for each authorized purpose:	49099

(a) Any sheriff or prosecutor shall file the report with the	49100
county auditor.	49101

(b) Any municipal corporation police department shall file	49102
the report with the legislative authority of the municipal	49103
corporation.	49104

(c) Any township police department, township or joint police	49105
district police force, or office of the constable shall file the	49106
report with the board of township trustees of the township.	49107

(d) Any park district police force or law enforcement	49108
department shall file the report with the board of park	49109
commissioners of the park district.	49110

(e) The superintendent of the state highway patrol and the	49111
tax commissioner shall file the report with the attorney general.	49112

(f) The executive director of the state board of pharmacy	49113
shall file the report with the attorney general, verifying that	49114
cash and forfeited proceeds paid into the board of pharmacy drug	49115
law enforcement fund were used only in accordance with section	49116
4729.65 of the Revised Code.	49117

(g) The peace officer training commission shall file a report	49118
with the attorney general, verifying that cash and forfeited	49119
proceeds paid into the peace officer training commission fund	49120
pursuant to this section during the prior calendar year were used	49121
by the commission during the prior calendar year only to pay the	49122
costs of peace officer training.	49123

(D) The written internal control policy of a county sheriff,	49124
prosecutor, municipal corporation police department, township	49125
police department, township or joint police district police force,	49126
office of the constable, or park district police force or law	49127
enforcement department shall provide that at least ten per cent of	49128
the first one hundred thousand dollars of amounts deposited during	49129
each calendar year in the agency's law enforcement trust fund	49130
under this section, and at least twenty per cent of the amounts	49131
exceeding one hundred thousand dollars that are so deposited,	49132
shall be used in connection with community preventive education	49133
programs. The manner of use shall be determined by the sheriff,	49134
prosecutor, department, police force, or office of the constable	49135
after receiving and considering advice on appropriate community	49136
preventive education programs from the county's board of alcohol,	49137
drug addiction, and mental health services, from the county's	49138
alcohol and drug addiction services board, or through appropriate	49139
community dialogue.	49140

The financial records kept under the internal control policy	49141
shall specify the amount deposited during each calendar year in	49142
the portion of that amount that was used pursuant to this	49143
division, and the programs in connection with which the portion of	49144
that amount was so used.	49145

As used in this division, "community preventive education	49146
programs" include, but are not limited to, DARE programs and other	49147
programs designed to educate adults or children with respect to	49148
the dangers associated with using drugs of abuse.	49149

(E) Upon the sale, under this section or section 2981.12 of	49150
the Revised Code, of any property that is required by law to be	49151
titled or registered, the state shall issue an appropriate	49152
certificate of title or registration to the purchaser. If the	49153
state is vested with title and elects to retain property that is	49154
required to be titled or registered under law, the state shall	49155
issue an appropriate certificate of title or registration.	49156

(F) Any failure of a law enforcement officer or agency,	49157
prosecutor, court, or the attorney general to comply with this	49158
section in relation to any property seized does not affect the	49159
validity of the seizure and shall not be considered to be the	49160
basis for suppressing any evidence resulting from the seizure,	49161
provided the seizure itself was lawful.	49162

Sec. 3109.16. (A) The children's trust fund board, upon the	49163
recommendation of the director of job and family services, shall	49164
approve the employment of an executive director who will	49165
administer the programs of the board. ~~The~~	49166

(B) The department of job and family services shall provide	49167
budgetary, procurement, accounting, and other related management	49168
functions for the board and may adopt rules in accordance with	49169
Chapter 119. of the Revised Code for these purposes. An amount not	49170
to exceed three per cent of the total amount of fees deposited in	49171
the children's trust fund in each fiscal year may be used for	49172
costs directly related to these administrative functions of the	49173
department. Each fiscal year, the board shall approve a budget for	49174
administrative expenditures for the next fiscal year.	49175

(C) The board may request that the department adopt rules the	49176
board considers necessary for the purpose of carrying out the	49177
board's responsibilities under this section, and the department	49178
may adopt those rules. The department may, after consultation with	49179
the board and the executive director, adopt any other rules to	49180
assist the board in carrying out its responsibilities under this	49181
section. In either case, the rules shall be adopted under Chapter	49182
119. of the Revised Code.	49183

(D) The board shall meet at least quarterly at the call of	49184
the chairperson to conduct its official business. All business	49185
transactions of the board shall be conducted in public meetings.	49186
Eight members of the board constitute a quorum. A majority of the	49187
board members is required to adopt the state plan for the	49188
allocation of funds from the children's trust fund. A majority of	49189
the quorum is required to make all other decisions of the board.	49190

~~The~~(E) With respect to funding, all of the following apply:

49191

(1) The board may apply for and accept federal and other	49192
funds for the purpose of funding child abuse and child neglect	49193
prevention programs. ~~In addition, the~~	49194

(2) The board may solicit and accept gifts, money, and other	49195
donations from any public or private source, including	49196
individuals, philanthropic foundations or organizations,	49197
corporations, or corporation endowments. ~~The~~	49198

(3) The board may develop private-public partnerships to	49199
support the mission of the children's trust fund.	49200

(4) The acceptance and use of federal and other funds shall	49201
not entail any commitment or pledge of state funds, nor obligate	49202
the general assembly to continue the programs or activities for	49203
which the federal and other funds are made available. ~~All~~	49204

(5) All funds received in the manner described in this	49205
section shall be transmitted to the treasurer of state, who shall	49206
credit them to the children's trust fund created in section	49207
3109.14 of the Revised Code.	49208

Sec. 3111.04. (A) An action to determine the existence or	49209
nonexistence of the father and child relationship may be brought	49210
by the child or the child's personal representative, the child's	49211
mother or her personal representative, a man alleged or alleging	49212
himself to be the child's father, the child support enforcement	49213
agency of the county in which the child resides if the child's	49214
mother, father, or alleged father is a recipient of public	49215
assistance or of services under Title IV-D of the "Social Security	49216
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the	49217
alleged father's personal representative.	49218

(B) An agreement does not bar an action under this section.

49219

(C) If an action under this section is brought before the	49220
birth of the child and if the action is contested, all	49221
proceedings, except service of process and the taking of	49222
depositions to perpetuate testimony, may be stayed until after the	49223
birth.	49224

(D) A recipient of public assistance or of services under	49225
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	49226
U.S.C.A. 651, as amended, shall cooperate with the child support	49227
enforcement agency of the county in which a child resides to	49228
obtain an administrative determination pursuant to sections	49229
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	49230
determination pursuant to sections 3111.01 to 3111.18 of the	49231
Revised Code, of the existence or nonexistence of a parent and	49232
child relationship between the father and the child. If the	49233
recipient fails to cooperate, the agency may commence an action to	49234
determine the existence or nonexistence of a parent and child	49235
relationship between the father and the child pursuant to sections	49236
3111.01 to 3111.18 of the Revised Code.	49237

(E) As used in this section, "public assistance" means all of	49238
the following:	49239

(1) Medicaid under Chapter 5111. of the Revised Code;

49240

(2) Ohio works first under Chapter 5107. of the Revised Code;

49241

(3) Disability financial assistance under Chapter 5115. of	49242
the Revised Code;	49243

~~(4) Children's buy-in program under sections 5101.5211 to~~	49244
~~5101.5216 of the Revised Code~~.	49245

Sec. 3113.06. No father, or mother when she is charged with	49246
the maintenance, of a child under eighteen years of age, or a	49247
mentally or physically handicapped child under age twenty-one, who	49248
is legally a ward of a public children services agency or is the	49249
recipient of aid pursuant to ~~sections 5101.5211 to 5101.5216 or~~	49250
Chapter 5107. or 5115. of the Revised Code, shall neglect or	49251
refuse to pay such agency the reasonable cost of maintaining such	49252
child when such father or mother is able to do so by reason of	49253
property, labor, or earnings.	49254

An offense under this section shall be held committed in the	49255
county in which the agency is located. The agency shall file	49256
charges against any parent who violates this section, unless the	49257
agency files charges under section 2919.21 of the Revised Code, or	49258
unless charges of nonsupport are filed by a relative or guardian	49259
of the child, or unless an action to enforce support is brought	49260
under Chapter 3115. of the Revised Code.	49261

Sec. 3119.54. A party to a child support order issued in	49262
accordance with section 3119.30 of the Revised Code shall notify	49263
any physician, hospital, or other provider of medical services	49264
that provides medical services to the child who is the subject of	49265
the child support order of the number of any health insurance or	49266
health care policy, contract, or plan that covers the child if the	49267
child is eligible for medical assistance under ~~sections 5101.5211~~	49268
~~to 5101.5216 or~~ Chapter 5111. of the Revised Code. The party shall	49269
include in the notice the name and address of the insurer. Any	49270
physician, hospital, or other provider of medical services for	49271
which medical assistance is available under ~~sections 5101.5211 to~~	49272
~~5101.5216 or~~ Chapter 5111. of the Revised Code who is notified	49273
under this section of the existence of a health insurance or	49274
health care policy, contract, or plan with coverage for children	49275
who are eligible for medical assistance shall first bill the	49276
insurer for any services provided for those children. If the	49277
insurer fails to pay all or any part of a claim filed under this	49278
section and the services for which the claim is filed are covered	49279
by ~~sections 5101.5211 to 5101.5216 or~~ Chapter 5111. of the Revised	49280
Code, the physician, hospital, or other medical services provider	49281
shall bill the remaining unpaid costs of the services in	49282
accordance with ~~sections 5101.5211 to 5101.5216 or~~ Chapter 5111.	49283
of the Revised Code.	49284

Sec. 3121.48. The office of child support shall ~~maintain~~	49285
administer a ~~separate account~~fund for the deposit of support	49286
payments it receives as trustee for remittance to the persons	49287
entitled to receive the support payments. The fund shall be in the	49288
custody of the treasurer of state, but shall not be part of the	49289
state treasury.	49290

Sec. 3123.44. (A) Notice shall be sent to an individual	49291
described in section 3123.42 of the Revised Code in compliance	49292
with section 3121.23 of the Revised Code. The notice shall specify	49293
that a court or child support enforcement agency has determined	49294
the individual to be in default under a child support order or	49295
that the individual is an obligor who has failed to comply with a	49296
subpoena or warrant issued by a court or agency with respect to a	49297
proceeding to enforce a child support order, that a notice	49298
containing the individual's name and social security number or	49299
other identification number may be sent to every board that has	49300
authority to issue or has issued the individual a license, and	49301
that, if the board receives that notice and determines that the	49302
individual is the individual named in that notice and the board	49303
has not received notice under section 3123.45 or 3123.46 of the	49304
Revised Code, all of the following will occur:	49305

~~(A)~~(1) The board will not issue any license to the individual	49306
or renew any license of the individual.	49307

~~(B)~~(2) The board will suspend any license of the individual	49308
if it determines that the individual is the individual named in	49309
the notice sent to the board under section 3123.43 of the Revised	49310
Code.	49311

~~(C)~~(3) If the individual is the individual named in the	49312
notice, the board will not issue any license to the individual,	49313
and will not reinstate a suspended license, until the board	49314
receives a notice under section 3123.45 or 3123.46 of the Revised	49315
Code.	49316

(B) If an agency makes the determination described in	49317
division (A) of section 3123.42 of the Revised Code, it shall not	49318
send the notice described in division (A) of this section unless	49319
both of the following are the case:	49320

(1) At least ninety days have elapsed since the final and	49321
enforceable determination of default;	49322

(2) In the preceding ninety days, the obligor has failed to	49323
pay at least fifty per cent of the arrearage through means other	49324
than those described in sections 3123.81 to 3123.85 of the Revised	49325
Code.	49326

(C) The department of job and family services shall adopt	49327
rules pursuant to section 3123.63 of the Revised Code establishing	49328
a uniform pre-suspension notice form that shall be used by	49329
agencies that send notice as required by this section.	49330

Sec. 3123.45. A child support enforcement agency that sent a	49331
notice to a board of an individual's default under a child support	49332
order shall send to each board to which the agency sent the notice	49333
a further notice that the individual is not in default if it	49334
determines that the individual is not in default or any of the	49335
following occurs:	49336

(A) The individual makes full payment to the office of child	49337
support in the department of job and family services or, pursuant	49338
to sections 3125.27 to 3125.30 of the Revised Code, the child	49339
support enforcement agency of the arrearage that was the basis for	49340
the court or agency determination that the individual was in	49341
default.	49342

(B) AnThe individual has presented to the agency sufficient	49343
evidence of current employment or of an account in a financial	49344
institution, the agency has confirmed the individual's employment	49345
or the existence of the account, and an appropriate withholding or	49346
deduction notice ~~or other appropriate order~~ described in section	49347
3121.03~~, 3121.04, 3121.05, 3121.06, or 3121.12~~ of the Revised Code	49348
has been issued to collect current support and any arrearage due	49349
under the child support order that was in default~~, and the~~	49350
~~individual is complying with the notice or order~~.	49351

(C) ~~A new child support order has been issued or the child~~	49352
~~support order that was in default, has been modified to collect~~	49353
~~current support and any arrearage due under the child support~~	49354
~~order that was in default, and the individual is complying with~~	49355
~~the new or modified child support order~~The individual presents	49356
evidence to the agency sufficient to establish that the individual	49357
is unable to work due to circumstances beyond the individual's	49358
control.	49359

The agency shall send the notice under this section not later	49360
than seven days after the agency determines the individual is not	49361
in default or that any of the circumstances specified in this	49362
section has occurred.	49363

Sec. 3123.55. (A) Notice shall be sent to the individual	49364
described in section ~~3123.54~~3123.53 of the Revised Code in	49365
compliance with section 3121.23 of the Revised Code. The notice	49366
shall specify that a court or child support enforcement agency has	49367
determined the individual to be in default under a child support	49368
order or that the individual is an obligor under a child support	49369
order who has failed to comply with a subpoena or warrant issued	49370
by a court or agency with respect to a proceeding to enforce a	49371
child support order, that a notice containing the individual's	49372
name and social security number or other identification number may	49373
be sent to the registrar of motor vehicles, and that, if the	49374
registrar receives that notice and determines that the individual	49375
is the individual named in that notice and the registrar has not	49376
received notice under section 3123.56 or 3123.57 of the Revised	49377
Code, all of the following will occur:	49378

~~(A)~~(1) The registrar and all deputy registrars will be	49379
prohibited from issuing to the individual a driver's or commercial	49380
driver's license, motorcycle operator's license or endorsement, or	49381
temporary instruction permit or commercial driver's temporary	49382
instruction permit.	49383

~~(B)~~(2) The registrar and all deputy registrars will be	49384
prohibited from renewing for the individual a driver's or	49385
commercial driver's license, motorcycle operator's license or	49386
endorsement, or commercial driver's temporary instruction permit.	49387

~~(C)~~(3) If the individual holds a driver's or commercial	49388
driver's license, motorcycle operator's license or endorsement, or	49389
temporary instruction permit or commercial driver's temporary	49390
instruction permit, the registrar will impose a class F suspension	49391
under division (B)(6) of section 4510.02 of the Revised Code if	49392
the registrar determines that the individual is the individual	49393
named in the notice sent pursuant to section 3123.54 of the	49394
Revised Code.	49395

~~(D)~~(4) If the individual is the individual named in the	49396
notice, the individual will not be issued or have renewed any	49397
license, endorsement, or permit, and no suspension will be lifted	49398
with respect to any license, endorsement, or permit listed in this	49399
section until the registrar receives a notice under section	49400
3123.56 or 3123.57 of the Revised Code.	49401

(B) If an agency makes the determination described in	49402
division (A) of section 3123.53 of the Revised Code, it shall not	49403
send the notice described in division (A) of this section unless	49404
both of the following are the case:	49405

(1) At least ninety days have elapsed since the final and	49406
enforceable determination of default;	49407

(2) In the preceding ninety days, the obligor has failed to	49408
pay at least fifty per cent of the arrearage through means other	49409
than those described in sections 3123.81 to 3123.85 of the Revised	49410
Code.	49411

(C) The department of job and family services shall adopt	49412
rules pursuant to section 3123.63 of the Revised Code establishing	49413
a uniform pre-suspension notice form that shall be used by	49414
agencies that send notice as required by this section.	49415

Sec. 3123.56. A child support enforcement agency that sent a	49416
notice under section 3123.54 of the Revised Code of an	49417
individual's default under a child support order shall send to the	49418
registrar of motor vehicles a notice that the individual is not in	49419
default if it determines that the individual is not in default or	49420
any of the following occurs:	49421

(A) The individual makes full payment to the office of child	49422
support or, pursuant to sections 3125.27 to 3125.30 of the Revised	49423
Code, to the child support enforcement agency of the arrearage	49424
that was the basis for the court or agency determination that the	49425
individual was in default.	49426

(B) AnThe individual has presented to the agency sufficient	49427
evidence of current employment or of an account in a financial	49428
institution, the agency has confirmed the individual's employment	49429
or the existence of the account, and an appropriate withholding or	49430
deduction notice ~~or other appropriate order~~ described in section	49431
3121.03~~, 3121.04, 3121.05, 3121.06, or 3121.12~~ of the Revised Code	49432
has been issued to collect current support and any arrearage due	49433
under the child support order that was in default~~, and the~~	49434
~~individual is complying with the notice or order~~.	49435

(C) ~~A new child support order has been issued or the child~~	49436
~~support order that was in default has been modified to collect~~	49437
~~current support and any arrearage due under the child support~~	49438
~~order that was in default, and the individual is complying with~~	49439
~~the new or modified child support order~~The individual presents	49440
evidence to the agency sufficient to establish that the individual	49441
is unable to work due to circumstances beyond the individual's	49442
control.	49443

The agency shall send the notice under this section not later	49444
than seven days after it determines the individual is not in	49445
default or that any of the circumstances specified in this section	49446
has occurred.	49447

Sec. 3123.58. (A) On receipt of a notice pursuant to section	49448
3123.54 of the Revised Code, the registrar of motor vehicles shall	49449
determine whether the individual named in the notice holds or has	49450
applied for a driver's license or commercial driver's license,	49451
motorcycle operator's license or endorsement, or temporary	49452
instruction permit or commercial driver's temporary instruction	49453
permit. If the registrar determines that the individual holds or	49454
has applied for a license, permit, or endorsement and the	49455
individual is the individual named in the notice and does not	49456
receive a notice pursuant to section 3123.56 or 3123.57 of the	49457
Revised Code, the registrar immediately shall provide notice of	49458
the determination to each deputy registrar. The registrar or a	49459
deputy registrar may not issue to the individual a driver's or	49460
commercial driver's license, motorcycle operator's license or	49461
endorsement, or temporary instruction permit or commercial	49462
driver's temporary instruction permit and may not renew for the	49463
individual a driver's or commercial driver's license, motorcycle	49464
operator's license or endorsement, or commercial driver's	49465
temporary instruction permit. The registrar or a deputy registrar	49466
also shall impose a class F suspension of the license, permit, or	49467
endorsement held by the individual under division (B)(6) of	49468
section 4510.02 of the Revised Code.	49469

~~(B) Prior to the date specified in section 3123.52 of the~~	49470
~~Revised Code, the registrar of motor vehicles or a deputy~~	49471
~~registrar shall do only the following with respect to an~~	49472
~~individual if the registrar makes the determination required under~~	49473
~~division (A) of this section and no notice is received concerning~~	49474
~~the individual under section 3123.56 or 3123.57 of the Revised~~	49475
~~Code:~~	49476

~~(1) Refuse to issue or renew the individual's commercial~~	49477
~~driver's license or commercial driver's temporary instruction~~	49478
~~permit;~~	49479

~~(2) Impose a class F suspension under division (B)(6) of~~	49480
~~section 4510.02 of the Revised Code on the individual with respect~~	49481
~~to the license or permit held by the individual.~~	49482

Sec. 3123.59. Not later than seven days after receipt of a	49483
notice pursuant to section 3123.56 or 3123.57 of the Revised Code,	49484
the registrar of motor vehicles shall notify each deputy registrar	49485
of the notice. The registrar and each deputy registrar shall then,	49486
if the individual otherwise is eligible for the license, permit,	49487
or endorsement and wants the license, permit, or endorsement,	49488
issue a license, permit, or endorsement to, or renew a license,	49489
permit, or endorsement of, the individual, or, if the registrar	49490
imposed a class F suspension of the individual's license, permit,	49491
or endorsement pursuant to division (A) of section 3123.58 of the	49492
Revised Code, remove the suspension. ~~On and after the date~~	49493
~~specified in section 3123.52 of the Revised Code, the registrar or~~	49494
~~a deputy registrar shall remove, after receipt of a notice under~~	49495
~~section 3123.56 or 3123.57 of the Revised Code, a class F~~	49496
~~suspension imposed on an individual with respect to a license or~~	49497
~~permit pursuant to division (B) of section 3123.58 of the Revised~~	49498
~~Code.~~ The registrar or a deputy registrar may charge a fee of not	49499
more than twenty-five dollars for issuing or renewing or removing	49500
the suspension of a license, permit, or endorsement pursuant to	49501
this section. The fees collected by the registrar pursuant to this	49502
section shall be paid into the state bureau of motor vehicles fund	49503
established in section 4501.25 of the Revised Code.	49504

Sec. 3123.591. A child support enforcement agency may,	49505
pursuant to rules adopted under section 3123.63 of the Revised	49506
Code, direct the registrar of motor vehicles to eliminate from the	49507
abstract maintained by the bureau of motor vehicles any reference	49508
to the suspension of an individual's license, permit, or	49509
endorsement imposed under section 3123.58 of the Revised Code.	49510

Sec. 3123.63. The director of job and family services ~~may~~	49511
shall adopt rules in accordance with Chapter 119. of the Revised	49512
Code to implement sections 3123.41 to 3123.50, ~~3123.52~~3123.53 to	49513
~~3123.614~~3123.60, and 3123.62 of the Revised Code. The rules shall	49514
include both of the following:	49515

(A) Requirements concerning the contents of, and the	49516
conditions for issuance of, a notice required by section 3123.44	49517
or 3123.55 of the Revised Code. The rules shall require the	49518
contents of the notice to include information about the effect of	49519
a license suspension and appropriate steps that an individual can	49520
take to avoid license suspension.	49521

(B) Requirements concerning the authority of a child support	49522
enforcement agency to direct the registrar of motor vehicles to	49523
eliminate from the abstract maintained by the bureau of motor	49524
vehicles any reference to the suspension of an individual's	49525
license, permit, or endorsement imposed under section 3123.58 of	49526
the Revised Code.	49527

Sec. 3301.07. The state board of education shall exercise	49528
under the acts of the general assembly general supervision of the	49529
system of public education in the state. In addition to the powers	49530
otherwise imposed on the state board under the provisions of law,	49531
the board shall have the powers described in this section.	49532

(A) The state board shall exercise policy forming, planning,	49533
and evaluative functions for the public schools of the state	49534
except as otherwise provided by law.	49535

(B)(1) The state board shall exercise leadership in the	49536
improvement of public education in this state, and administer the	49537
educational policies of this state relating to public schools, and	49538
relating to instruction and instructional material, building and	49539
equipment, transportation of pupils, administrative	49540
responsibilities of school officials and personnel, and finance	49541
and organization of school districts, educational service centers,	49542
and territory. Consultative and advisory services in such matters	49543
shall be provided by the board to school districts and educational	49544
service centers of this state.	49545

(2) The state board also shall develop a standard of	49546
financial reporting which shall be used by each school district	49547
board of education and educational service center governing board	49548
to make its financial information and annual budgets for each	49549
school building under its control available to the public in a	49550
format understandable by the average citizen. The format shall	49551
show, among other things, at the district and educational service	49552
center level or at the school building level, as determined	49553
appropriate by the department of education, revenue by source;	49554
expenditures for salaries, wages, and benefits of employees,	49555
showing such amounts separately for classroom teachers, other	49556
employees required to hold licenses issued pursuant to sections	49557
3319.22 to 3319.31 of the Revised Code, and all other employees;	49558
expenditures other than for personnel, by category, including	49559
utilities, textbooks and other educational materials, equipment,	49560
permanent improvements, pupil transportation, extracurricular	49561
athletics, and other extracurricular activities; and per pupil	49562
expenditures.	49563

(C) The state board shall administer and supervise the	49564
allocation and distribution of all state and federal funds for	49565
public school education under the provisions of law, and may	49566
prescribe such systems of accounting as are necessary and proper	49567
to this function. It may require county auditors and treasurers,	49568
boards of education, educational service center governing boards,	49569
treasurers of such boards, teachers, and other school officers and	49570
employees, or other public officers or employees, to file with it	49571
such reports as it may prescribe relating to such funds, or to the	49572
management and condition of such funds.	49573

(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,	49574
XLVII, and LI of the Revised Code a reference is made to standards	49575
prescribed under this section or division (D) of this section,	49576
that reference shall be construed to refer to the standards	49577
prescribed under division (D)(2) of this section, unless the	49578
context specifically indicates a different meaning or intent.	49579

(2) The state board shall formulate and prescribe minimum	49580
standards to be applied to all elementary and secondary schools in	49581
this state for the purpose of requiring a general education of	49582
high quality. Such standards shall provide adequately for: the	49583
licensing of teachers, administrators, and other professional	49584
personnel and their assignment according to training and	49585
qualifications; efficient and effective instructional materials	49586
and equipment, including library facilities; the proper	49587
organization, administration, and supervision of each school,	49588
including regulations for preparing all necessary records and	49589
reports and the preparation of a statement of policies and	49590
objectives for each school; buildings, grounds, health and	49591
sanitary facilities and services; admission of pupils, and such	49592
requirements for their promotion from grade to grade as will	49593
assure that they are capable and prepared for the level of study	49594
to which they are certified; requirements for graduation; and such	49595
other factors as the board finds necessary.	49596

In the formulation and administration of such standards for	49597
nonpublic schools the board shall also consider the particular	49598
needs, methods and objectives of those schools, provided they do	49599
not conflict with the provision of a general education of a high	49600
quality and provided that regular procedures shall be followed for	49601
promotion from grade to grade of pupils who have met the	49602
educational requirements prescribed.	49603

In the formulation and administration of such standards as	49604
they relate to instructional materials and equipment in public	49605
schools, including library materials, the board shall require that	49606
the material and equipment be aligned with and promote skills	49607
expected under the statewide academic standards adopted under	49608
section 3301.079 of the Revised Code.	49609

(3) In addition to the minimum standards required by division	49610
(D)(2) of this section, the state board ~~shall~~may formulate and	49611
prescribe the following additional minimum operating standards for	49612
school districts:	49613

(a) Standards for the effective and efficient organization,	49614
administration, and supervision of each school district so that it	49615
becomes a thinking and learning organization according to	49616
principles of systems design and collaborative professional	49617
learning communities research as defined by the superintendent of	49618
public instruction, including a focus on the personalized and	49619
individualized needs of each student; a shared responsibility	49620
among school boards, administrators, faculty, and staff to develop	49621
a common vision, mission, and set of guiding principles; a shared	49622
responsibility among school boards, administrators, faculty, and	49623
staff to engage in a process of collective inquiry, action	49624
orientation, and experimentation to ensure the academic success of	49625
all students; commitment to teaching and learning strategies that	49626
utilize technological tools and emphasize inter-disciplinary,	49627
real-world, project-based, and technology-oriented learning	49628
experiences to meet the individual needs of every student;	49629
commitment to high expectations for every student and commitment	49630
to closing the achievement gap so that all students achieve core	49631
knowledge and skills in accordance with the statewide academic	49632
standards adopted under section 3301.079 of the Revised Code;	49633
commitment to the use of assessments to diagnose the needs of each	49634
student; effective connections and relationships with families and	49635
others that support student success; and commitment to the use of	49636
positive behavior intervention supports throughout a district to	49637
ensure a safe and secure learning environment for all students;	49638

(b) Standards for the establishment of business advisory	49639
councils under section 3313.82 of the Revised Code;	49640

(c) Standards for school district ~~organizational units, as~~	49641
~~defined in sections 3306.02 and 3306.04 of the Revised Code,~~	49642
buildings that may require:	49643

(i) The effective and efficient organization, administration,	49644
and supervision of each school district ~~organizational unit~~	49645
building so that it becomes a thinking and learning organization	49646
according to principles of systems design and collaborative	49647
professional learning communities research as defined by the state	49648
superintendent, including a focus on the personalized and	49649
individualized needs of each student; a shared responsibility	49650
among ~~organizational unit~~building administrators, faculty, and	49651
staff to develop a common vision, mission, and set of guiding	49652
principles; a shared responsibility among ~~organizational unit~~	49653
building administrators, faculty, and staff to engage in a process	49654
of collective inquiry, action orientation, and experimentation to	49655
ensure the academic success of all students; commitment to job	49656
embedded professional development and professional mentoring and	49657
coaching; established periods of time for teachers to pursue	49658
planning time for the development of lesson plans, professional	49659
development, and shared learning; commitment to effective	49660
management strategies that allow administrators reasonable access	49661
to classrooms for observation and professional development	49662
experiences; commitment to teaching and learning strategies that	49663
utilize technological tools and emphasize inter-disciplinary,	49664
real-world, project-based, and technology-oriented learning	49665
experiences to meet the individual needs of every student;	49666
commitment to high expectations for every student and commitment	49667
to closing the achievement gap so that all students achieve core	49668
knowledge and skills in accordance with the statewide academic	49669
standards adopted under section 3301.079 of the Revised Code;	49670
commitment to the use of assessments to diagnose the needs of each	49671
student; effective connections and relationships with families and	49672
others that support student success; commitment to the use of	49673
positive behavior intervention supports throughout the	49674
~~organizational unit~~building to ensure a safe and secure learning	49675
environment for all students;	49676

(ii) A school ~~organizational unit~~building leadership team to	49677
coordinate positive behavior intervention supports, learning	49678
environments, thinking and learning systems, collaborative	49679
planning, planning time, student academic interventions, student	49680
extended learning opportunities, and other activities identified	49681
by the team and approved by the district board of education. The	49682
team shall include the building principal, representatives from	49683
each collective bargaining unit, ~~the building lead~~a classroom	49684
teacher, parents, business representatives, and others that	49685
support student success.	49686

(E) The state board may require as part of the health	49687
curriculum information developed under section 2108.34 of the	49688
Revised Code promoting the donation of anatomical gifts pursuant	49689
to Chapter 2108. of the Revised Code and may provide the	49690
information to high schools, educational service centers, and	49691
joint vocational school district boards of education;	49692

(F) The state board shall prepare and submit annually to the	49693
governor and the general assembly a report on the status, needs,	49694
and major problems of the public schools of the state, with	49695
recommendations for necessary legislative action and a ten-year	49696
projection of the state's public and nonpublic school enrollment,	49697
by year and by grade level.	49698

(G) The state board shall prepare and submit to the director	49699
of budget and management the biennial budgetary requests of the	49700
state board of education, for its agencies and for the public	49701
schools of the state.	49702

(H) The state board shall cooperate with federal, state, and	49703
local agencies concerned with the health and welfare of children	49704
and youth of the state.	49705

(I) The state board shall require such reports from school	49706
districts and educational service centers, school officers, and	49707
employees as are necessary and desirable. The superintendents and	49708
treasurers of school districts and educational service centers	49709
shall certify as to the accuracy of all reports required by law or	49710
state board or state department of education rules to be submitted	49711
by the district or educational service center and which contain	49712
information necessary for calculation of state funding. Any	49713
superintendent who knowingly falsifies such report shall be	49714
subject to license revocation pursuant to section 3319.31 of the	49715
Revised Code.	49716

(J) In accordance with Chapter 119. of the Revised Code, the	49717
state board shall adopt procedures, standards, and guidelines for	49718
the education of children with disabilities pursuant to Chapter	49719
3323. of the Revised Code, including procedures, standards, and	49720
guidelines governing programs and services operated by county	49721
boards of developmental disabilities pursuant to section 3323.09	49722
of the Revised Code.	49723

(K) For the purpose of encouraging the development of special	49724
programs of education for academically gifted children, the state	49725
board shall employ competent persons to analyze and publish data,	49726
promote research, advise and counsel with boards of education, and	49727
encourage the training of teachers in the special instruction of	49728
gifted children. The board may provide financial assistance out of	49729
any funds appropriated for this purpose to boards of education and	49730
educational service center governing boards for developing and	49731
conducting programs of education for academically gifted children.	49732

(L) The state board shall require that all public schools	49733
emphasize and encourage, within existing units of study, the	49734
teaching of energy and resource conservation as recommended to	49735
each district board of education by leading business persons	49736
involved in energy production and conservation, beginning in the	49737
primary grades.	49738

(M) The state board shall formulate and prescribe minimum	49739
standards requiring the use of phonics as a technique in the	49740
teaching of reading in grades kindergarten through three. In	49741
addition, the state board shall provide in-service training	49742
programs for teachers on the use of phonics as a technique in the	49743
teaching of reading in grades kindergarten through three.	49744

(N) The state board may adopt rules necessary for carrying	49745
out any function imposed on it by law, and may provide rules as	49746
are necessary for its government and the government of its	49747
employees, and may delegate to the superintendent of public	49748
instruction the management and administration of any function	49749
imposed on it by law. It may provide for the appointment of board	49750
members to serve on temporary committees established by the board	49751
for such purposes as are necessary. Permanent or standing	49752
committees shall not be created.	49753

(O) Upon application from the board of education of a school	49754
district, the superintendent of public instruction may issue a	49755
waiver exempting the district from compliance with the standards	49756
adopted under divisions (B)(2) and (D) of this section, as they	49757
relate to the operation of a school operated by the district. The	49758
state board shall adopt standards for the approval or disapproval	49759
of waivers under this division. The state superintendent shall	49760
consider every application for a waiver, and shall determine	49761
whether to grant or deny a waiver in accordance with the state	49762
board's standards. For each waiver granted, the state	49763
superintendent shall specify the period of time during which the	49764
waiver is in effect, which shall not exceed five years. A district	49765
board may apply to renew a waiver.	49766

Sec. 3301.071. (A)(1) In the case of nontax-supported	49767
schools, standards for teacher certification prescribed under	49768
section 3301.07 of the Revised Code shall provide for	49769
certification, without further educational requirements, of any	49770
administrator, supervisor, or teacher who has attended and	49771
received a bachelor's degree from a college or university	49772
accredited by a national or regional association in the United	49773
States except that, at the discretion of the state board of	49774
education, this requirement may be met by having an equivalent	49775
degree from a foreign college or university of comparable	49776
standing.	49777

(2) In the case of nonchartered, nontax-supported schools,	49778
the standards for teacher certification prescribed under section	49779
3301.07 of the Revised Code shall provide for certification,	49780
without further educational requirements, of any administrator,	49781
supervisor, or teacher who has attended and received a diploma	49782
from a "bible college" or "bible institute" described in division	49783
(E) of section 1713.02 of the Revised Code.	49784

(3) A certificate issued under division (A)(3) of this	49785
section shall be valid only for teaching foreign language, music,	49786
religion, computer technology, or fine arts.	49787

Notwithstanding division (A)(1) of this section, the	49788
standards for teacher certification prescribed under section	49789
3301.07 of the Revised Code shall provide for certification of a	49790
person as a teacher upon receipt by the state board of an	49791
affidavit signed by the chief administrative officer of a	49792
chartered nonpublic school seeking to employ the person, stating	49793
that the person meets one of the following conditions:	49794

(a) The person has specialized knowledge, skills, or	49795
expertise that qualifies the person to provide instruction.	49796

(b) The person has provided to the chief administrative	49797
officer evidence of at least three years of teaching experience in	49798
a public or nonpublic school.	49799

(c) The person has provided to the chief administrative	49800
officer evidence of completion of a teacher training program named	49801
in the affidavit.	49802

(B) Each person applying for a certificate under this section	49803
for purposes of serving in a nonpublic school chartered by the	49804
state board under section 3301.16 of the Revised Code shall pay a	49805
fee in the amount established under division (A) of section	49806
3319.51 of the Revised Code. Any fees received under this division	49807
shall be paid into the state treasury to the credit of the state	49808
board of education certification fund established under division	49809
(B) of section 3319.51 of the Revised Code.	49810

(C) A person applying for or holding any certificate pursuant	49811
to this section for purposes of serving in a nonpublic school	49812
chartered by the state board is subject to sections 3123.41 to	49813
3123.50 of the Revised Code and any applicable rules adopted under	49814
section 3123.63 of the Revised Code and sections 3319.31 and	49815
3319.311 of the Revised Code.	49816

(D) Divisions (B) and (C) of this section and sections	49817
3319.291, 3319.31, and 3319.311 of the Revised Code do not apply	49818
to any administrators, supervisors, or teachers in nonchartered,	49819
nontax-supported schools.	49820

Sec. 3301.079. (A)(1) Not later than June 30, 2010, and at	49821
~~least once every five years~~periodically thereafter, the state	49822
board of education shall adopt statewide academic standards with	49823
emphasis on coherence, focus, and rigor for each of grades	49824
kindergarten through twelve in English language arts, mathematics,	49825
science, and social studies.	49826

The standards shall specify the following:

49827

(a) The core academic content and skills that students are	49828
expected to know and be able to do at each grade level that will	49829
allow each student to be prepared for postsecondary instruction	49830
and the workplace for success in the twenty-first century;	49831

(b) ~~The development of skill sets as they relate to~~	49832
~~creativity and innovation, critical thinking and problem solving,~~	49833
~~and communication and collaboration;~~	49834

~~(c)~~ The development of skill sets that promote information,	49835
media, and technological literacy;	49836

~~(d) The development of skill sets that promote personal~~	49837
~~management, productivity and accountability, and leadership and~~	49838
~~responsibility;~~	49839

~~(e)~~(c) Interdisciplinary, project-based, real-world learning	49840
opportunities.	49841

(2) After completing the standards required by division	49842
(A)(1) of this section, the state board shall adopt standards and	49843
model curricula for instruction in ~~computer literacy~~technology,	49844
financial literacy and entrepreneurship, fine arts, and foreign	49845
language for grades kindergarten through twelve. The standards	49846
shall meet the same requirements prescribed in divisions (A)(1)(a)	49847
to ~~(e)~~(c) of this section.	49848

(3) The state board shall adopt the most recent standards	49849
developed by the national association for sport and physical	49850
education for physical education in grades kindergarten through	49851
twelve or shall adopt its own standards for physical education in	49852
those grades and revise and update them periodically.	49853

The department shall employ a full-time physical education	49854
coordinator to provide guidance and technical assistance to	49855
districts, community schools, and STEM schools in implementing the	49856
physical education standards adopted under this division. The	49857
superintendent of public instruction shall determine that the	49858
person employed as coordinator is qualified for the position, as	49859
demonstrated by possessing an adequate combination of education,	49860
license, and experience.	49861

(4) When academic standards have been completed for any	49862
subject area required by this section, the state board shall	49863
inform all school districts, all community schools established	49864
under Chapter 3314. of the Revised Code, all STEM schools	49865
established under Chapter 3326. of the Revised Code, and all	49866
nonpublic schools required to administer the assessments	49867
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	49868
of the content of those standards.	49869

(B) Not later than March 31, 2011, the state board shall	49870
adopt a model curriculum for instruction in each subject area for	49871
which updated academic standards are required by division (A)(1)	49872
of this section and for each of grades kindergarten through twelve	49873
that is sufficient to meet the needs of students in every	49874
community. The model curriculum shall be aligned with the	49875
standards, to ensure that the academic content and skills	49876
specified for each grade level are taught to students, and shall	49877
demonstrate vertical articulation and emphasize coherence, focus,	49878
and rigor. When any model curriculum has been completed, the state	49879
board shall inform all school districts, community schools, and	49880
STEM schools of the content of that model curriculum.	49881

All school districts, community schools, and STEM schools may	49882
utilize the state standards and the model curriculum established	49883
by the state board, together with other relevant resources,	49884
examples, or models to ensure that students have the opportunity	49885
to attain the academic standards. Upon request, the department of	49886
education shall provide technical assistance to any district,	49887
community school, or STEM school in implementing the model	49888
curriculum.	49889

Nothing in this section requires any school district to	49890
utilize all or any part of a model curriculum developed under this	49891
division.	49892

(C) The state board shall develop achievement assessments	49893
aligned with the academic standards and model curriculum for each	49894
of the subject areas and grade levels required by divisions (A)(1)	49895
and (B)(1) of section 3301.0710 of the Revised Code.	49896

When any achievement assessment has been completed, the state	49897
board shall inform all school districts, community schools, STEM	49898
schools, and nonpublic schools required to administer the	49899
assessment of its completion, and the department of education	49900
shall make the achievement assessment available to the districts	49901
and schools.	49902

(D)(1) The state board shall adopt a diagnostic assessment	49903
aligned with the academic standards and model curriculum for each	49904
of grades kindergarten through two in English language arts and	49905
mathematics and for grade three in English language arts. The	49906
diagnostic assessment shall be designed to measure student	49907
comprehension of academic content and mastery of related skills	49908
for the relevant subject area and grade level. Any diagnostic	49909
assessment shall not include components to identify gifted	49910
students. Blank copies of diagnostic assessments shall be public	49911
records.	49912

(2) When each diagnostic assessment has been completed, the	49913
state board shall inform all school districts of its completion	49914
and the department of education shall make the diagnostic	49915
assessment available to the districts at no cost to the district.	49916
School districts shall administer the diagnostic assessment	49917
pursuant to section 3301.0715 of the Revised Code beginning the	49918
first school year following the development of the assessment.	49919

(E) The state board shall not adopt a diagnostic or	49920
achievement assessment for any grade level or subject area other	49921
than those specified in this section.	49922

(F) Whenever the state board or the department of education	49923
consults with persons for the purpose of drafting or reviewing any	49924
standards, diagnostic assessments, achievement assessments, or	49925
model curriculum required under this section, the state board or	49926
the department shall first consult with parents of students in	49927
kindergarten through twelfth grade and with active Ohio classroom	49928
teachers, other school personnel, and administrators with	49929
expertise in the appropriate subject area. Whenever practicable,	49930
the state board and department shall consult with teachers	49931
recognized as outstanding in their fields.	49932

If the department contracts with more than one outside entity	49933
for the development of the achievement assessments required by	49934
this section, the department shall ensure the interchangeability	49935
of those assessments.	49936

(G) The fairness sensitivity review committee, established by	49937
rule of the state board of education, shall not allow any question	49938
on any achievement or diagnostic assessment developed under this	49939
section or any proficiency test prescribed by former section	49940
3301.0710 of the Revised Code, as it existed prior to September	49941
11, 2001, to include, be written to promote, or inquire as to	49942
individual moral or social values or beliefs. The decision of the	49943
committee shall be final. This section does not create a private	49944
cause of action.	49945

(H) Not later than forty-five days prior to the initial	49946
deadline established under division (A)(1) of this section and the	49947
deadline established under division (B) of this section, the	49948
superintendent of public instruction shall present the academic	49949
standards or model curricula, as applicable, to the respective	49950
committees of the house of representatives and senate that	49951
consider education legislation.	49952

(I) As used in this section:

49953

(1) "Coherence" means a reflection of the structure of the	49954
discipline being taught.	49955

(2) "Focus" means limiting the number of items included in a	49956
curriculum to allow for deeper exploration of the subject matter.	49957

(3) "Rigor" means more challenging and demanding when	49958
compared to international standards.	49959

(4) "Vertical articulation" means key academic concepts and	49960
skills associated with mastery in particular content areas should	49961
be articulated and reinforced in a developmentally appropriate	49962
manner at each grade level so that over time students acquire a	49963
depth of knowledge and understanding in the core academic	49964
disciplines.	49965

Sec. 3301.0710. The state board of education shall adopt	49966
rules establishing a statewide program to assess student	49967
achievement. The state board shall ensure that all assessments	49968
administered under the program are aligned with the academic	49969
standards and model curricula adopted by the state board and are	49970
created with input from Ohio parents, Ohio classroom teachers,	49971
Ohio school administrators, and other Ohio school personnel	49972
pursuant to section 3301.079 of the Revised Code.	49973

The assessment program shall be designed to ensure that	49974
students who receive a high school diploma demonstrate at least	49975
high school levels of achievement in English language arts,	49976
mathematics, science, and social studies~~, and other skills~~	49977
~~necessary in the twenty-first century~~.	49978

(A)(1) The state board shall prescribe all of the following:

49979

(a) Two statewide achievement assessments, one each designed	49980
to measure the level of English language arts and mathematics	49981
skill expected at the end of third grade;	49982

(b) Two statewide achievement assessments, one each designed	49983
to measure the level of English language arts and mathematics	49984
skill expected at the end of fourth grade;	49985

(c) Four statewide achievement assessments, one each designed	49986
to measure the level of English language arts, mathematics,	49987
science, and social studies skill expected at the end of fifth	49988
grade;	49989

(d) Two statewide achievement assessments, one each designed	49990
to measure the level of English language arts and mathematics	49991
skill expected at the end of sixth grade;	49992

(e) Two statewide achievement assessments, one each designed	49993
to measure the level of English language arts and mathematics	49994
skill expected at the end of seventh grade;	49995

(f) Four statewide achievement assessments, one each designed	49996
to measure the level of English language arts, mathematics,	49997
science, and social studies skill expected at the end of eighth	49998
grade.	49999

(2) The state board shall determine and designate at least	50000
three ranges of scores on each of the achievement assessments	50001
described in divisions (A)(1) and (B)(1) of this section. Each	50002
range of scores shall be deemed to demonstrate a level of	50003
achievement so that any student attaining a score within such	50004
range has achieved one of the following:	50005

(a) An advanced level of skill;

50006

(b) A proficient level of skill;

50007

50008

(B)(1) The assessments prescribed under division (B)(1) of	50009
this section shall collectively be known as the Ohio graduation	50010
tests. The state board shall prescribe five statewide high school	50011
achievement assessments, one each designed to measure the level of	50012
reading, writing, mathematics, science, and social studies skill	50013
expected at the end of tenth grade. The state board shall	50014
designate a score in at least the range designated under division	50015
(A)(2)(b) of this section on each such assessment that shall be	50016
deemed to be a passing score on the assessment as a condition	50017
toward granting high school diplomas under sections 3313.61,	50018
3313.611, 3313.612, and 3325.08 of the Revised Code until the	50019
assessment system prescribed by section 3301.0712 of the Revised	50020
Code is implemented in accordance with rules adopted by the state	50021
board under division ~~(E)~~(D) of that section.	50022

(2) The state board shall prescribe an assessment system in	50023
accordance with section 3301.0712 of the Revised Code that shall	50024
replace the Ohio graduation tests in the manner prescribed by	50025
rules adopted by the state board under division ~~(E)~~(D) of that	50026
section.	50027

(3) The state board may enter into a reciprocal agreement	50028
with the appropriate body or agency of any other state that has	50029
similar statewide achievement assessment requirements for	50030
receiving high school diplomas, under which any student who has	50031
met an achievement assessment requirement of one state is	50032
recognized as having met the similar requirement of the other	50033
state for purposes of receiving a high school diploma. For	50034
purposes of this section and sections 3301.0711 and 3313.61 of the	50035
Revised Code, any student enrolled in any public high school in	50036
this state who has met an achievement assessment requirement	50037
specified in a reciprocal agreement entered into under this	50038
division shall be deemed to have attained at least the applicable	50039
score designated under this division on each assessment required	50040
by division (B)(1) or (2) of this section that is specified in the	50041
agreement.	50042

(C) The superintendent of public instruction shall designate	50043
dates and times for the administration of the assessments	50044
prescribed by divisions (A) and (B) of this section.	50045

In prescribing administration dates pursuant to this	50046
division, the superintendent shall designate the dates in such a	50047
way as to allow a reasonable length of time between the	50048
administration of assessments prescribed under this section and	50049
any administration of the national assessment of educational	50050
progress given to students in the same grade level pursuant to	50051
section 3301.27 of the Revised Code or federal law.	50052

(D) The state board shall prescribe a practice version of	50053
each Ohio graduation test described in division (B)(1) of this	50054
section that is of comparable length to the actual test.	50055

(E) Any committee established by the department of education	50056
for the purpose of making recommendations to the state board	50057
regarding the state board's designation of scores on the	50058
assessments described by this section shall inform the state board	50059
of the probable percentage of students who would score in each of	50060
the ranges established under division (A)(2) of this section on	50061
the assessments if the committee's recommendations are adopted by	50062
the state board. To the extent possible, these percentages shall	50063
be disaggregated by gender, major racial and ethnic groups,	50064
limited English proficient students, economically disadvantaged	50065
students, students with disabilities, and migrant students.	50066

If the state board intends to make any change to the	50067
committee's recommendations, the state board shall explain the	50068
intended change to the Ohio accountability task force established	50069
by section 3302.021 of the Revised Code. The task force shall	50070
recommend whether the state board should proceed to adopt the	50071
intended change. Nothing in this division shall require the state	50072
board to designate assessment scores based upon the	50073
recommendations of the task force.	50074

Sec. 3301.0711. (A) The department of education shall:

50075

(1) Annually furnish to, grade, and score all assessments	50076
required by divisions (A)(1) and (B)(1) of section 3301.0710 of	50077
the Revised Code to be administered by city, local, exempted	50078
village, and joint vocational school districts, except that each	50079
district shall score any assessment administered pursuant to	50080
division (B)(10) of this section. Each assessment so furnished	50081
shall include the data verification code of the student to whom	50082
the assessment will be administered, as assigned pursuant to	50083
division (D)(2) of section 3301.0714 of the Revised Code. In	50084
furnishing the practice versions of Ohio graduation tests	50085
prescribed by division (D) of section 3301.0710 of the Revised	50086
Code, the department shall make the tests available on its web	50087
site for reproduction by districts. In awarding contracts for	50088
grading assessments, the department shall give preference to	50089
Ohio-based entities employing Ohio residents.	50090

(2) Adopt rules for the ethical use of assessments and	50091
prescribing the manner in which the assessments prescribed by	50092
section 3301.0710 of the Revised Code shall be administered to	50093
students.	50094

(B) Except as provided in divisions (C) and (J) of this	50095
section, the board of education of each city, local, and exempted	50096
village school district shall, in accordance with rules adopted	50097
under division (A) of this section:	50098

(1) Administer the English language arts assessments	50099
prescribed under division (A)(1)(a) of section 3301.0710 of the	50100
Revised Code twice annually to all students in the third grade who	50101
have not attained the score designated for that assessment under	50102
division (A)(2)(b) of section 3301.0710 of the Revised Code.	50103

(2) Administer the mathematics assessment prescribed under	50104
division (A)(1)(a) of section 3301.0710 of the Revised Code at	50105
least once annually to all students in the third grade.	50106

(3) Administer the assessments prescribed under division	50107
(A)(1)(b) of section 3301.0710 of the Revised Code at least once	50108
annually to all students in the fourth grade.	50109

(4) Administer the assessments prescribed under division	50110
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	50111
annually to all students in the fifth grade.	50112

(5) Administer the assessments prescribed under division	50113
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	50114
annually to all students in the sixth grade.	50115

(6) Administer the assessments prescribed under division	50116
(A)(1)(e) of section 3301.0710 of the Revised Code at least once	50117
annually to all students in the seventh grade.	50118

(7) Administer the assessments prescribed under division	50119
(A)(1)(f) of section 3301.0710 of the Revised Code at least once	50120
annually to all students in the eighth grade.	50121

(8) Except as provided in division (B)(9) of this section,	50122
administer any assessment prescribed under division (B)(1) of	50123
section 3301.0710 of the Revised Code as follows:	50124

(a) At least once annually to all tenth grade students and at	50125
least twice annually to all students in eleventh or twelfth grade	50126
who have not yet attained the score on that assessment designated	50127
under that division;	50128

(b) To any person who has successfully completed the	50129
curriculum in any high school or the individualized education	50130
program developed for the person by any high school pursuant to	50131
section 3323.08 of the Revised Code but has not received a high	50132
school diploma and who requests to take such assessment, at any	50133
time such assessment is administered in the district.	50134

(9) In lieu of the board of education of any city, local, or	50135
exempted village school district in which the student is also	50136
enrolled, the board of a joint vocational school district shall	50137
administer any assessment prescribed under division (B)(1) of	50138
section 3301.0710 of the Revised Code at least twice annually to	50139
any student enrolled in the joint vocational school district who	50140
has not yet attained the score on that assessment designated under	50141
that division. A board of a joint vocational school district may	50142
also administer such an assessment to any student described in	50143
division (B)(8)(b) of this section.	50144

(10) If the district has been declared to be under an	50145
academic watch or in a state of academic emergency pursuant to	50146
section 3302.03 of the Revised Code or has a three-year average	50147
graduation rate of not more than seventy-five per cent, administer	50148
each assessment prescribed by division (D) of section 3301.0710 of	50149
the Revised Code in September to all ninth grade students,	50150
beginning in the school year that starts July 1, 2005.	50151

Except as provided in section 3313.614 of the Revised Code	50152
for administration of an assessment to a person who has fulfilled	50153
the curriculum requirement for a high school diploma but has not	50154
passed one or more of the required assessments, the assessments	50155
prescribed under division (B)(1) of section 3301.0710 of the	50156
Revised Code and the practice assessments prescribed under	50157
division (D) of that section and required to be administered under	50158
divisions (B)(8), (9), and (10) of this section shall not be	50159
administered after the assessment system prescribed by division	50160
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised	50161
Code is implemented under rule of the state board adopted under	50162
division ~~(E)~~(D)(1) of section 3301.0712 of the Revised Code.	50163

(11) Administer the assessments prescribed by division (B)(2)	50164
of section 3301.0710 and section 3301.0712 of the Revised Code in	50165
accordance with the timeline and plan for implementation of those	50166
assessments prescribed by rule of the state board adopted under	50167
division ~~(E)~~(D)(1) of section 3301.0712 of the Revised Code.	50168

(C)(1)(a) ~~Any~~In the case of a student receiving special	50169
education services under Chapter 3323. of the Revised Code, the	50170
individualized education program developed for the student under	50171
that chapter shall specify the manner in which the student will	50172
participate in the assessments administered under this section.	50173
The individualized education program may ~~be excused~~excuse the	50174
student from taking any particular assessment required to be	50175
administered under this section if ~~the individualized education~~	50176
~~program developed for the student pursuant to section 3323.08 of~~	50177
~~the Revised Code excuses the student from taking that assessment~~	50178
~~and~~it instead specifies an alternate assessment method approved	50179
by the department of education as conforming to requirements of	50180
federal law for receipt of federal funds for disadvantaged pupils.	50181
To the extent possible, the individualized education program shall	50182
not excuse the student from taking an assessment unless no	50183
reasonable accommodation can be made to enable the student to take	50184
the assessment.	50185

(b) Any alternate assessment approved by the department for a	50186
student under this division shall produce measurable results	50187
comparable to those produced by the assessment it replaces in	50188
order to allow for the student's results to be included in the	50189
data compiled for a school district or building under section	50190
3302.03 of the Revised Code.	50191

(c) Any student enrolled in a chartered nonpublic school who	50192
has been identified, based on an evaluation conducted in	50193
accordance with section 3323.03 of the Revised Code or section 504	50194
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	50195
794, as amended, as a child with a disability shall be excused	50196
from taking any particular assessment required to be administered	50197
under this section if a plan developed for the student pursuant to	50198
rules adopted by the state board excuses the student from taking	50199
that assessment. In the case of any student so excused from taking	50200
an assessment, the chartered nonpublic school shall not prohibit	50201
the student from taking the assessment.	50202

(2) A district board may, for medical reasons or other good	50203
cause, excuse a student from taking an assessment administered	50204
under this section on the date scheduled, but that assessment	50205
shall be administered to the excused student not later than nine	50206
days following the scheduled date. The district board shall	50207
annually report the number of students who have not taken one or	50208
more of the assessments required by this section to the state	50209
board of education not later than the thirtieth day of June.	50210

(3) As used in this division, "limited English proficient	50211
student" has the same meaning as in 20 U.S.C. 7801.	50212

No school district board shall excuse any limited English	50213
proficient student from taking any particular assessment required	50214
to be administered under this section, except that any limited	50215
English proficient student who has been enrolled in United States	50216
schools for less than one full school year shall not be required	50217
to take any reading, writing, or English language arts assessment.	50218
However, no board shall prohibit a limited English proficient	50219
student who is not required to take an assessment under this	50220
division from taking the assessment. A board may permit any	50221
limited English proficient student to take an assessment required	50222
to be administered under this section with appropriate	50223
accommodations, as determined by the department. For each limited	50224
English proficient student, each school district shall annually	50225
assess that student's progress in learning English, in accordance	50226
with procedures approved by the department.	50227

The governing authority of a chartered nonpublic school may	50228
excuse a limited English proficient student from taking any	50229
assessment administered under this section. However, no governing	50230
authority shall prohibit a limited English proficient student from	50231
taking the assessment.	50232

(D)(1) In the school year next succeeding the school year in	50233
which the assessments prescribed by division (A)(1) or (B)(1) of	50234
section 3301.0710 of the Revised Code or former division (A)(1),	50235
(A)(2), or (B) of section 3301.0710 of the Revised Code as it	50236
existed prior to September 11, 2001, are administered to any	50237
student, the board of education of any school district in which	50238
the student is enrolled in that year shall provide to the student	50239
intervention services commensurate with the student's performance,	50240
including any intensive intervention required under section	50241
3313.608 of the Revised Code, in any skill in which the student	50242
failed to demonstrate at least a score at the proficient level on	50243
the assessment.	50244

(2) Following any administration of the assessments	50245
prescribed by division (D) of section 3301.0710 of the Revised	50246
Code to ninth grade students, each school district that has a	50247
three-year average graduation rate of not more than seventy-five	50248
per cent shall determine for each high school in the district	50249
whether the school shall be required to provide intervention	50250
services to any students who took the assessments. In determining	50251
which high schools shall provide intervention services based on	50252
the resources available, the district shall consider each school's	50253
graduation rate and scores on the practice assessments. The	50254
district also shall consider the scores received by ninth grade	50255
students on the English language arts and mathematics assessments	50256
prescribed under division (A)(1)(f) of section 3301.0710 of the	50257
Revised Code in the eighth grade in determining which high schools	50258
shall provide intervention services.	50259

Each high school selected to provide intervention services	50260
under this division shall provide intervention services to any	50261
student whose results indicate that the student is failing to make	50262
satisfactory progress toward being able to attain scores at the	50263
proficient level on the Ohio graduation tests. Intervention	50264
services shall be provided in any skill in which a student	50265
demonstrates unsatisfactory progress and shall be commensurate	50266
with the student's performance. Schools shall provide the	50267
intervention services prior to the end of the school year, during	50268
the summer following the ninth grade, in the next succeeding	50269
school year, or at any combination of those times.	50270

(E) Except as provided in section 3313.608 of the Revised	50271
Code and division (M) of this section, no school district board of	50272
education shall utilize any student's failure to attain a	50273
specified score on an assessment administered under this section	50274
as a factor in any decision to deny the student promotion to a	50275
higher grade level. However, a district board may choose not to	50276
promote to the next grade level any student who does not take an	50277
assessment administered under this section or make up an	50278
assessment as provided by division (C)(2) of this section and who	50279
is not exempt from the requirement to take the assessment under	50280
division (C)(3) of this section.	50281

(F) No person shall be charged a fee for taking any	50282
assessment administered under this section.	50283

(G)(1) Each school district board shall designate one	50284
location for the collection of assessments administered in the	50285
spring under division (B)(1) of this section and those	50286
administered under divisions (B)(2) to (7) of this section. Each	50287
district board shall submit the assessments to the entity with	50288
which the department contracts for the scoring of the assessments	50289
as follows:	50290

(a) If the district's total enrollment in grades kindergarten	50291
through twelve during the first full school week of October was	50292
less than two thousand five hundred, not later than the Friday	50293
after all of the assessments have been administered;	50294

(b) If the district's total enrollment in grades kindergarten	50295
through twelve during the first full school week of October was	50296
two thousand five hundred or more, but less than seven thousand,	50297
not later than the Monday after all of the assessments have been	50298
administered;	50299

(c) If the district's total enrollment in grades kindergarten	50300
through twelve during the first full school week of October was	50301
seven thousand or more, not later than the Tuesday after all of	50302
the assessments have been administered.	50303

However, any assessment that a student takes during the	50304
make-up period described in division (C)(2) of this section shall	50305
be submitted not later than the Friday following the day the	50306
student takes the assessment.	50307

(2) The department or an entity with which the department	50308
contracts for the scoring of the assessment shall send to each	50309
school district board a list of the individual scores of all	50310
persons taking an assessment prescribed by division (A)(1) or	50311
(B)(1) of section 3301.0710 of the Revised Code within sixty days	50312
after its administration, but in no case shall the scores be	50313
returned later than the fifteenth day of June following the	50314
administration. For assessments administered under this section by	50315
a joint vocational school district, the department or entity shall	50316
also send to each city, local, or exempted village school district	50317
a list of the individual scores of any students of such city,	50318
local, or exempted village school district who are attending	50319
school in the joint vocational school district.	50320

(H) Individual scores on any assessments administered under	50321
this section shall be released by a district board only in	50322
accordance with section 3319.321 of the Revised Code and the rules	50323
adopted under division (A) of this section. No district board or	50324
its employees shall utilize individual or aggregate results in any	50325
manner that conflicts with rules for the ethical use of	50326
assessments adopted pursuant to division (A) of this section.	50327

(I) Except as provided in division (G) of this section, the	50328
department or an entity with which the department contracts for	50329
the scoring of the assessment shall not release any individual	50330
scores on any assessment administered under this section. The	50331
state board of education shall adopt rules to ensure the	50332
protection of student confidentiality at all times. The rules may	50333
require the use of the data verification codes assigned to	50334
students pursuant to division (D)(2) of section 3301.0714 of the	50335
Revised Code to protect the confidentiality of student scores.	50336

(J) Notwithstanding division (D) of section 3311.52 of the	50337
Revised Code, this section does not apply to the board of	50338
education of any cooperative education school district except as	50339
provided under rules adopted pursuant to this division.	50340

(1) In accordance with rules that the state board of	50341
education shall adopt, the board of education of any city,	50342
exempted village, or local school district with territory in a	50343
cooperative education school district established pursuant to	50344
divisions (A) to (C) of section 3311.52 of the Revised Code may	50345
enter into an agreement with the board of education of the	50346
cooperative education school district for administering any	50347
assessment prescribed under this section to students of the city,	50348
exempted village, or local school district who are attending	50349
school in the cooperative education school district.	50350

(2) In accordance with rules that the state board of	50351
education shall adopt, the board of education of any city,	50352
exempted village, or local school district with territory in a	50353
cooperative education school district established pursuant to	50354
section 3311.521 of the Revised Code shall enter into an agreement	50355
with the cooperative district that provides for the administration	50356
of any assessment prescribed under this section to both of the	50357
following:	50358

(a) Students who are attending school in the cooperative	50359
district and who, if the cooperative district were not	50360
established, would be entitled to attend school in the city,	50361
local, or exempted village school district pursuant to section	50362
3313.64 or 3313.65 of the Revised Code;	50363

(b) Persons described in division (B)(8)(b) of this section.

50364

Any assessment of students pursuant to such an agreement	50365
shall be in lieu of any assessment of such students or persons	50366
pursuant to this section.	50367

(K)(1) As a condition of compliance with section 3313.612 of	50368
the Revised Code, each chartered nonpublic school that educates	50369
students in grades nine through twelve shall administer the	50370
assessments prescribed by divisions (B)(1) and (2) of section	50371
3301.0710 of the Revised Code. Any chartered nonpublic school may	50372
participate in the assessment program by administering any of the	50373
assessments prescribed by division (A) of section 3301.0710 of the	50374
Revised Code. The chief administrator of the school shall specify	50375
which assessments the school will administer. Such specification	50376
shall be made in writing to the superintendent of public	50377
instruction prior to the first day of August of any school year in	50378
which assessments are administered and shall include a pledge that	50379
the nonpublic school will administer the specified assessments in	50380
the same manner as public schools are required to do under this	50381
section and rules adopted by the department.	50382

(2) The department of education shall furnish the assessments	50383
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	50384
to each chartered nonpublic school that participates under this	50385
division.	50386

(L)(1) The superintendent of the state school for the blind	50387
and the superintendent of the state school for the deaf shall	50388
administer the assessments described by sections 3301.0710 and	50389
3301.0712 of the Revised Code. Each superintendent shall	50390
administer the assessments in the same manner as district boards	50391
are required to do under this section and rules adopted by the	50392
department of education and in conformity with division (C)(1)(a)	50393
of this section.	50394

(2) The department of education shall furnish the assessments	50395
described by sections 3301.0710 and 3301.0712 of the Revised Code	50396
to each superintendent.	50397

(M) Notwithstanding division (E) of this section, a school	50398
district may use a student's failure to attain a score in at least	50399
the proficient range on the mathematics assessment described by	50400
division (A)(1)(a) of section 3301.0710 of the Revised Code or on	50401
an assessment described by division (A)(1)(b), (c), (d), (e), or	50402
(f) of section 3301.0710 of the Revised Code as a factor in	50403
retaining that student in the current grade level.	50404

(N)(1) In the manner specified in divisions (N)(3) and (4) of	50405
this section, the assessments required by division (A)(1) of	50406
section 3301.0710 of the Revised Code shall become public records	50407
pursuant to section 149.43 of the Revised Code on the first day of	50408
July following the school year that the assessments were	50409
administered.	50410

(2) The department may field test proposed questions with	50411
samples of students to determine the validity, reliability, or	50412
appropriateness of questions for possible inclusion in a future	50413
year's assessment. The department also may use anchor questions on	50414
assessments to ensure that different versions of the same	50415
assessment are of comparable difficulty.	50416

Field test questions and anchor questions shall not be	50417
considered in computing scores for individual students. Field test	50418
questions and anchor questions may be included as part of the	50419
administration of any assessment required by division (A)(1) or	50420
(B)(1) of section 3301.0710 of the Revised Code.	50421

(3) Any field test question or anchor question administered	50422
under division (N)(2) of this section shall not be a public	50423
record. Such field test questions and anchor questions shall be	50424
redacted from any assessments which are released as a public	50425
record pursuant to division (N)(1) of this section.	50426

(4) This division applies to the assessments prescribed by	50427
division (A) of section 3301.0710 of the Revised Code.	50428

(a) The first administration of each assessment, as specified	50429
in former section 3301.0712 of the Revised Code, shall be a public	50430
record.	50431

(b) For subsequent administrations of each assessment prior	50432
to the 2011-2012 school year, not less than forty per cent of the	50433
questions on the assessment that are used to compute a student's	50434
score shall be a public record. The department shall determine	50435
which questions will be needed for reuse on a future assessment	50436
and those questions shall not be public records and shall be	50437
redacted from the assessment prior to its release as a public	50438
record. However, for each redacted question, the department shall	50439
inform each city, local, and exempted village school district of	50440
the statewide academic standard adopted by the state board of	50441
education under section 3301.079 of the Revised Code and the	50442
corresponding benchmark to which the question relates. The	50443
preceding sentence does not apply to field test questions that are	50444
redacted under division (N)(3) of this section.	50445

(c) The administrations of each assessment in the 2011-2012	50446
school year and later shall not be a public record.	50447

(5) Each assessment prescribed by division (B)(1) of section	50448
3301.0710 of the Revised Code shall not be a public record.	50449

(O) As used in this section:

50450

(1) "Three-year average" means the average of the most recent	50451
consecutive three school years of data.	50452

(2) "Dropout" means a student who withdraws from school	50453
before completing course requirements for graduation and who is	50454
not enrolled in an education program approved by the state board	50455
of education or an education program outside the state. "Dropout"	50456
does not include a student who has departed the country.	50457

(3) "Graduation rate" means the ratio of students receiving a	50458
diploma to the number of students who entered ninth grade four	50459
years earlier. Students who transfer into the district are added	50460
to the calculation. Students who transfer out of the district for	50461
reasons other than dropout are subtracted from the calculation. If	50462
a student who was a dropout in any previous year returns to the	50463
same school district, that student shall be entered into the	50464
calculation as if the student had entered ninth grade four years	50465
before the graduation year of the graduating class that the	50466
student joins.	50467

Sec. 3301.0712. (A) The state board of education, the	50468
superintendent of public instruction, and the chancellor of the	50469
Ohio board of regents shall develop a system of college and work	50470
ready assessments as described in divisions (B)(1) ~~to (3)~~and (2)	50471
of this section to assess whether each student upon graduating	50472
from high school is ready to enter college or the workforce. The	50473
system shall replace the Ohio graduation tests prescribed in	50474
division (B)(1) of section 3301.0710 of the Revised Code as a	50475
measure of student academic performance and a prerequisite for	50476
eligibility for a high school diploma in the manner prescribed by	50477
rule of the state board adopted under division ~~(E)~~(D) of this	50478
section.	50479

(B) The college and work ready assessment system shall	50480
consist of the following:	50481

(1) A nationally standardized assessment that measures	50482
~~competencies in science, mathematics, and English language arts~~	50483
college and career readiness selected jointly by the state	50484
superintendent and the chancellor.	50485

(2) A series of end-of-course examinations in the areas of	50486
science, mathematics, English language arts, and social studies	50487
selected jointly by the state superintendent and the chancellor in	50488
consultation with faculty in the appropriate subject areas at	50489
institutions of higher education of the university system of Ohio.	50490
For each subject area, the state superintendent and chancellor	50491
shall select multiple assessments that school districts, public	50492
schools, and chartered nonpublic schools may use as end-of-course	50493
examinations. Those assessments shall include nationally	50494
recognized subject area assessments, such as advanced placement	50495
examinations, SAT subject tests, international baccalaureate	50496
examinations, and other assessments of college and work readiness.	50497

~~(3) A senior project completed by a student or a group of~~	50498
~~students. The purpose of the senior project is to assess the~~	50499
~~student's:~~	50500

~~(a) Mastery of core knowledge in a subject area chosen by the~~	50501
~~student;~~	50502

~~(b) Written and verbal communication skills;~~

50503

~~(c) Critical thinking and problem-solving skills;~~

50504

~~(d) Real-world and interdisciplinary learning;~~

50505

~~(e) Creative and innovative thinking;~~

50506

~~(f) Acquired technology, information, and media skills;~~

50507

~~(g) Personal management skills such as self-direction, time~~	50508
~~management, work ethic, enthusiasm, and the desire to produce a~~	50509
~~high quality product.~~	50510

~~The state superintendent and the chancellor jointly shall~~	50511
~~develop standards for the senior project for students~~	50512
~~participating in dual enrollment programs.~~	50513

(C)~~(1) The state superintendent and the chancellor jointly~~	50514
~~shall designate the scoring rubrics and the required overall~~	50515
~~composite score for the assessment system to assess whether each~~	50516
~~student is college or work ready.~~	50517

~~(2) Each senior project shall be judged by the student's high~~	50518
~~school in accordance with rubrics designated by the state~~	50519
~~superintendent and the chancellor.~~	50520

~~(D)~~ Not later than thirty days after the state board adopts	50521
the model curricula required by division (B) of section 3301.079	50522
of the Revised Code, the state board shall convene a group of	50523
national experts, state experts, and local practitioners to	50524
provide advice, guidance, and recommendations for the alignment of	50525
standards and model curricula to the assessments and in the design	50526
of the end-of-course examinations ~~and scoring rubrics~~ prescribed	50527
by this section.	50528

~~(E)~~(D) Upon completion of the development of the assessment	50529
system, the state board shall adopt rules prescribing all of the	50530
following:	50531

(1) A timeline and plan for implementation of the assessment	50532
system, including a phased implementation if the state board	50533
determines such a phase-in is warranted;	50534

(2) The date after which a person entering ninth grade shall	50535
~~attain at least the composite score for~~meet the requirements of	50536
the entire assessment system as a prerequisite for a high school	50537
diploma under ~~sections~~section 3313.61, 3313.612, or 3325.08 of	50538
the Revised Code;	50539

(3) The date after which a person shall ~~attain at least the~~	50540
~~composite score for~~meet the requirements of the entire assessment	50541
system as a prerequisite for a diploma of adult education under	50542
section 3313.611 of the Revised Code;	50543

(4) Whether and the extent to which a person may be excused	50544
from a social studies end-of-course examination under division (H)	50545
of section 3313.61 and division (B)(2) of section 3313.612 of the	50546
Revised Code;	50547

(5) The date after which a person who has fulfilled the	50548
curriculum requirement for a diploma but has not passed one or	50549
more of the required assessments at the time the person fulfilled	50550
the curriculum requirement shall ~~attain at least the composite~~	50551
~~score for~~meet the requirements of the entire assessment system as	50552
a prerequisite for a high school diploma under division (B) of	50553
section 3313.614 of the Revised Code;	50554

(6) The extent to which the assessment system applies to	50555
students enrolled in a dropout recovery and prevention program for	50556
purposes of division (F) of section 3313.603 and section 3314.36	50557
of the Revised Code.	50558

No rule adopted under this division shall be effective	50559
earlier than one year after the date the rule is filed in final	50560
form pursuant to Chapter 119. of the Revised Code.	50561

~~(F)~~(E) Not later than forty-five days prior to the state	50562
board's adoption of a resolution directing the department of	50563
education to file the rules prescribed by division ~~(E)~~(D) of this	50564
section in final form under section 119.04 of the Revised Code,	50565
the superintendent of public instruction shall present the	50566
assessment system developed under this section to the respective	50567
committees of the house of representatives and senate that	50568
consider education legislation.	50569

Sec. 3301.0714. (A) The state board of education shall adopt	50570
rules for a statewide education management information system. The	50571
rules shall require the state board to establish guidelines for	50572
the establishment and maintenance of the system in accordance with	50573
this section and the rules adopted under this section. The	50574
guidelines shall include:	50575

(1) Standards identifying and defining the types of data in	50576
the system in accordance with divisions (B) and (C) of this	50577
section;	50578

(2) Procedures for annually collecting and reporting the data	50579
to the state board in accordance with division (D) of this	50580
section;	50581

(3) Procedures for annually compiling the data in accordance	50582
with division (G) of this section;	50583

(4) Procedures for annually reporting the data to the public	50584
in accordance with division (H) of this section.	50585

(B) The guidelines adopted under this section shall require	50586
the data maintained in the education management information system	50587
to include at least the following:	50588

(1) Student participation and performance data, for each	50589
grade in each school district as a whole and for each grade in	50590
each school building in each school district, that includes:	50591

(a) The numbers of students receiving each category of	50592
instructional service offered by the school district, such as	50593
regular education instruction, vocational education instruction,	50594
specialized instruction programs or enrichment instruction that is	50595
part of the educational curriculum, instruction for gifted	50596
students, instruction for students with disabilities, and remedial	50597
instruction. The guidelines shall require instructional services	50598
under this division to be divided into discrete categories if an	50599
instructional service is limited to a specific subject, a specific	50600
type of student, or both, such as regular instructional services	50601
in mathematics, remedial reading instructional services,	50602
instructional services specifically for students gifted in	50603
mathematics or some other subject area, or instructional services	50604
for students with a specific type of disability. The categories of	50605
instructional services required by the guidelines under this	50606
division shall be the same as the categories of instructional	50607
services used in determining cost units pursuant to division	50608
(C)(3) of this section.	50609

(b) The numbers of students receiving support or	50610
extracurricular services for each of the support services or	50611
extracurricular programs offered by the school district, such as	50612
counseling services, health services, and extracurricular sports	50613
and fine arts programs. The categories of services required by the	50614
guidelines under this division shall be the same as the categories	50615
of services used in determining cost units pursuant to division	50616
(C)(4)(a) of this section.	50617

(c) Average student grades in each subject in grades nine	50618
through twelve;	50619

(d) Academic achievement levels as assessed under sections	50620
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	50621

(e) The number of students designated as having a disabling	50622
condition pursuant to division (C)(1) of section 3301.0711 of the	50623
Revised Code;	50624

(f) The numbers of students reported to the state board	50625
pursuant to division (C)(2) of section 3301.0711 of the Revised	50626
Code;	50627

(g) Attendance rates and the average daily attendance for the	50628
year. For purposes of this division, a student shall be counted as	50629
present for any field trip that is approved by the school	50630
administration.	50631

(h) Expulsion rates;

50632

(i) Suspension rates;

50633

(j) Dropout rates;

50634

(k) Rates of retention in grade;

50635

(l) For pupils in grades nine through twelve, the average	50636
number of carnegie units, as calculated in accordance with state	50637
board of education rules;	50638

(m) Graduation rates, to be calculated in a manner specified	50639
by the department of education that reflects the rate at which	50640
students who were in the ninth grade three years prior to the	50641
current year complete school and that is consistent with	50642
nationally accepted reporting requirements;	50643

(n) Results of diagnostic assessments administered to	50644
kindergarten students as required under section 3301.0715 of the	50645
Revised Code to permit a comparison of the academic readiness of	50646
kindergarten students. However, no district shall be required to	50647
report to the department the results of any diagnostic assessment	50648
administered to a kindergarten student if the parent of that	50649
student requests the district not to report those results.	50650

(2) Personnel and classroom enrollment data for each school	50651
district, including:	50652

(a) The total numbers of licensed employees and nonlicensed	50653
employees and the numbers of full-time equivalent licensed	50654
employees and nonlicensed employees providing each category of	50655
instructional service, instructional support service, and	50656
administrative support service used pursuant to division (C)(3) of	50657
this section. The guidelines adopted under this section shall	50658
require these categories of data to be maintained for the school	50659
district as a whole and, wherever applicable, for each grade in	50660
the school district as a whole, for each school building as a	50661
whole, and for each grade in each school building.	50662

(b) The total number of employees and the number of full-time	50663
equivalent employees providing each category of service used	50664
pursuant to divisions (C)(4)(a) and (b) of this section, and the	50665
total numbers of licensed employees and nonlicensed employees and	50666
the numbers of full-time equivalent licensed employees and	50667
nonlicensed employees providing each category used pursuant to	50668
division (C)(4)(c) of this section. The guidelines adopted under	50669
this section shall require these categories of data to be	50670
maintained for the school district as a whole and, wherever	50671
applicable, for each grade in the school district as a whole, for	50672
each school building as a whole, and for each grade in each school	50673
building.	50674

(c) The total number of regular classroom teachers teaching	50675
classes of regular education and the average number of pupils	50676
enrolled in each such class, in each of grades kindergarten	50677
through five in the district as a whole and in each school	50678
building in the school district.	50679

(d) The number of lead teachers employed by each school	50680
district and each school building.	50681

(3)(a) Student demographic data for each school district,	50682
including information regarding the gender ratio of the school	50683
district's pupils, the racial make-up of the school district's	50684
pupils, the number of limited English proficient students in the	50685
district, and an appropriate measure of the number of the school	50686
district's pupils who reside in economically disadvantaged	50687
households. The demographic data shall be collected in a manner to	50688
allow correlation with data collected under division (B)(1) of	50689
this section. Categories for data collected pursuant to division	50690
(B)(3) of this section shall conform, where appropriate, to	50691
standard practices of agencies of the federal government.	50692

(b) With respect to each student entering kindergarten,	50693
whether the student previously participated in a public preschool	50694
program, a private preschool program, or a head start program, and	50695
the number of years the student participated in each of these	50696
programs.	50697

(4) Any data required to be collected pursuant to federal	50698
law.	50699

(C) The education management information system shall include	50700
cost accounting data for each district as a whole and for each	50701
school building in each school district. The guidelines adopted	50702
under this section shall require the cost data for each school	50703
district to be maintained in a system of mutually exclusive cost	50704
units and shall require all of the costs of each school district	50705
to be divided among the cost units. The guidelines shall require	50706
the system of mutually exclusive cost units to include at least	50707
the following:	50708

(1) Administrative costs for the school district as a whole.	50709
The guidelines shall require the cost units under this division	50710
(C)(1) to be designed so that each of them may be compiled and	50711
reported in terms of average expenditure per pupil in formula ADM	50712
in the school district, as determined pursuant to section 3317.03	50713
of the Revised Code.	50714

(2) Administrative costs for each school building in the	50715
school district. The guidelines shall require the cost units under	50716
this division (C)(2) to be designed so that each of them may be	50717
compiled and reported in terms of average expenditure per	50718
full-time equivalent pupil receiving instructional or support	50719
services in each building.	50720

(3) Instructional services costs for each category of	50721
instructional service provided directly to students and required	50722
by guidelines adopted pursuant to division (B)(1)(a) of this	50723
section. The guidelines shall require the cost units under	50724
division (C)(3) of this section to be designed so that each of	50725
them may be compiled and reported in terms of average expenditure	50726
per pupil receiving the service in the school district as a whole	50727
and average expenditure per pupil receiving the service in each	50728
building in the school district and in terms of a total cost for	50729
each category of service and, as a breakdown of the total cost, a	50730
cost for each of the following components:	50731

(a) The cost of each instructional services category required	50732
by guidelines adopted under division (B)(1)(a) of this section	50733
that is provided directly to students by a classroom teacher;	50734

(b) The cost of the instructional support services, such as	50735
services provided by a speech-language pathologist, classroom	50736
aide, multimedia aide, or librarian, provided directly to students	50737
in conjunction with each instructional services category;	50738

(c) The cost of the administrative support services related	50739
to each instructional services category, such as the cost of	50740
personnel that develop the curriculum for the instructional	50741
services category and the cost of personnel supervising or	50742
coordinating the delivery of the instructional services category.	50743

(4) Support or extracurricular services costs for each	50744
category of service directly provided to students and required by	50745
guidelines adopted pursuant to division (B)(1)(b) of this section.	50746
The guidelines shall require the cost units under division (C)(4)	50747
of this section to be designed so that each of them may be	50748
compiled and reported in terms of average expenditure per pupil	50749
receiving the service in the school district as a whole and	50750
average expenditure per pupil receiving the service in each	50751
building in the school district and in terms of a total cost for	50752
each category of service and, as a breakdown of the total cost, a	50753
cost for each of the following components:	50754

(a) The cost of each support or extracurricular services	50755
category required by guidelines adopted under division (B)(1)(b)	50756
of this section that is provided directly to students by a	50757
licensed employee, such as services provided by a guidance	50758
counselor or any services provided by a licensed employee under a	50759
supplemental contract;	50760

(b) The cost of each such services category provided directly	50761
to students by a nonlicensed employee, such as janitorial	50762
services, cafeteria services, or services of a sports trainer;	50763

(c) The cost of the administrative services related to each	50764
services category in division (C)(4)(a) or (b) of this section,	50765
such as the cost of any licensed or nonlicensed employees that	50766
develop, supervise, coordinate, or otherwise are involved in	50767
administering or aiding the delivery of each services category.	50768

(D)(1) The guidelines adopted under this section shall	50769
require school districts to collect information about individual	50770
students, staff members, or both in connection with any data	50771
required by division (B) or (C) of this section or other reporting	50772
requirements established in the Revised Code. The guidelines may	50773
also require school districts to report information about	50774
individual staff members in connection with any data required by	50775
division (B) or (C) of this section or other reporting	50776
requirements established in the Revised Code. The guidelines shall	50777
not authorize school districts to request social security numbers	50778
of individual students. The guidelines shall prohibit the	50779
reporting under this section of a student's name, address, and	50780
social security number to the state board of education or the	50781
department of education. The guidelines shall also prohibit the	50782
reporting under this section of any personally identifiable	50783
information about any student, except for the purpose of assigning	50784
the data verification code required by division (D)(2) of this	50785
section, to any other person unless such person is employed by the	50786
school district or the information technology center operated	50787
under section 3301.075 of the Revised Code and is authorized by	50788
the district or technology center to have access to such	50789
information or is employed by an entity with which the department	50790
contracts for the scoring of assessments administered under	50791
section 3301.0711 of the Revised Code. The guidelines may require	50792
school districts to provide the social security numbers of	50793
individual staff members.	50794

(2) The guidelines shall provide for each school district or	50795
community school to assign a data verification code that is unique	50796
on a statewide basis over time to each student whose initial Ohio	50797
enrollment is in that district or school and to report all	50798
required individual student data for that student utilizing such	50799
code. The guidelines shall also provide for assigning data	50800
verification codes to all students enrolled in districts or	50801
community schools on the effective date of the guidelines	50802
established under this section.	50803

Individual student data shall be reported to the department	50804
through the information technology centers utilizing the code but,	50805
except as provided in sections 3310.11, 3310.42, 3313.978,	50806
3310.63, and 3317.20 of the Revised Code, at no time shall the	50807
state board or the department have access to information that	50808
would enable any data verification code to be matched to	50809
personally identifiable student data.	50810

Each school district shall ensure that the data verification	50811
code is included in the student's records reported to any	50812
subsequent school district, community school, or state institution	50813
of higher education, as defined in section 3345.011 of the Revised	50814
Code, in which the student enrolls. Any such subsequent district	50815
or school shall utilize the same identifier in its reporting of	50816
data under this section.	50817

The director of health shall request and receive, pursuant to	50818
sections 3301.0723 and 3701.62 of the Revised Code, a data	50819
verification code for a child who is receiving services under	50820
division (A)(2) of section 3701.61 of the Revised Code.	50821

(E) The guidelines adopted under this section may require	50822
school districts to collect and report data, information, or	50823
reports other than that described in divisions (A), (B), and (C)	50824
of this section for the purpose of complying with other reporting	50825
requirements established in the Revised Code. The other data,	50826
information, or reports may be maintained in the education	50827
management information system but are not required to be compiled	50828
as part of the profile formats required under division (G) of this	50829
section or the annual statewide report required under division (H)	50830
of this section.	50831

(F) Beginning with the school year that begins July 1, 1991,	50832
the board of education of each school district shall annually	50833
collect and report to the state board, in accordance with the	50834
guidelines established by the board, the data required pursuant to	50835
this section. A school district may collect and report these data	50836
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	50837

(G) The state board shall, in accordance with the procedures	50838
it adopts, annually compile the data reported by each school	50839
district pursuant to division (D) of this section. The state board	50840
shall design formats for profiling each school district as a whole	50841
and each school building within each district and shall compile	50842
the data in accordance with these formats. These profile formats	50843
shall:	50844

(1) Include all of the data gathered under this section in a	50845
manner that facilitates comparison among school districts and	50846
among school buildings within each school district;	50847

(2) Present the data on academic achievement levels as	50848
assessed by the testing of student achievement maintained pursuant	50849
to division (B)(1)(d) of this section.	50850

(H)(1) The state board shall, in accordance with the	50851
procedures it adopts, annually prepare a statewide report for all	50852
school districts and the general public that includes the profile	50853
of each of the school districts developed pursuant to division (G)	50854
of this section. Copies of the report shall be sent to each school	50855
district.	50856

(2) The state board shall, in accordance with the procedures	50857
it adopts, annually prepare an individual report for each school	50858
district and the general public that includes the profiles of each	50859
of the school buildings in that school district developed pursuant	50860
to division (G) of this section. Copies of the report shall be	50861
sent to the superintendent of the district and to each member of	50862
the district board of education.	50863

(3) Copies of the reports received from the state board under	50864
divisions (H)(1) and (2) of this section shall be made available	50865
to the general public at each school district's offices. Each	50866
district board of education shall make copies of each report	50867
available to any person upon request and payment of a reasonable	50868
fee for the cost of reproducing the report. The board shall	50869
annually publish in a newspaper of general circulation in the	50870
school district, at least twice during the two weeks prior to the	50871
week in which the reports will first be available, a notice	50872
containing the address where the reports are available and the	50873
date on which the reports will be available.	50874

(I) Any data that is collected or maintained pursuant to this	50875
section and that identifies an individual pupil is not a public	50876
record for the purposes of section 149.43 of the Revised Code.	50877

(J) As used in this section:

50878

(1) "School district" means any city, local, exempted	50879
village, or joint vocational school district and, in accordance	50880
with section 3314.17 of the Revised Code, any community school. As	50881
used in division (L) of this section, "school district" also	50882
includes any educational service center or other educational	50883
entity required to submit data using the system established under	50884
this section.	50885

(2) "Cost" means any expenditure for operating expenses made	50886
by a school district excluding any expenditures for debt	50887
retirement except for payments made to any commercial lending	50888
institution for any loan approved pursuant to section 3313.483 of	50889
the Revised Code.	50890

(K) Any person who removes data from the information system	50891
established under this section for the purpose of releasing it to	50892
any person not entitled under law to have access to such	50893
information is subject to section 2913.42 of the Revised Code	50894
prohibiting tampering with data.	50895

(L)(1) In accordance with division (L)(2) of this section and	50896
the rules adopted under division (L)(10) of this section, the	50897
department of education may sanction any school district that	50898
reports incomplete or inaccurate data, reports data that does not	50899
conform to data requirements and descriptions published by the	50900
department, fails to report data in a timely manner, or otherwise	50901
does not make a good faith effort to report data as required by	50902
this section.	50903

(2) If the department decides to sanction a school district	50904
under this division, the department shall take the following	50905
sequential actions:	50906

(a) Notify the district in writing that the department has	50907
determined that data has not been reported as required under this	50908
section and require the district to review its data submission and	50909
submit corrected data by a deadline established by the department.	50910
The department also may require the district to develop a	50911
corrective action plan, which shall include provisions for the	50912
district to provide mandatory staff training on data reporting	50913
procedures.	50914

(b) Withhold up to ten per cent of the total amount of state	50915
funds due to the district for the current fiscal year and, if not	50916
previously required under division (L)(2)(a) of this section,	50917
require the district to develop a corrective action plan in	50918
accordance with that division;	50919

(c) Withhold an additional amount of up to twenty per cent of	50920
the total amount of state funds due to the district for the	50921
current fiscal year;	50922

(d) Direct department staff or an outside entity to	50923
investigate the district's data reporting practices and make	50924
recommendations for subsequent actions. The recommendations may	50925
include one or more of the following actions:	50926

(i) Arrange for an audit of the district's data reporting	50927
practices by department staff or an outside entity;	50928

(ii) Conduct a site visit and evaluation of the district;

50929

(iii) Withhold an additional amount of up to thirty per cent	50930
of the total amount of state funds due to the district for the	50931
current fiscal year;	50932

(iv) Continue monitoring the district's data reporting;

50933

(v) Assign department staff to supervise the district's data	50934
management system;	50935

(vi) Conduct an investigation to determine whether to suspend	50936
or revoke the license of any district employee in accordance with	50937
division (N) of this section;	50938

(vii) If the district is issued a report card under section	50939
3302.03 of the Revised Code, indicate on the report card that the	50940
district has been sanctioned for failing to report data as	50941
required by this section;	50942

(viii) If the district is issued a report card under section	50943
3302.03 of the Revised Code and incomplete or inaccurate data	50944
submitted by the district likely caused the district to receive a	50945
higher performance rating than it deserved under that section,	50946
issue a revised report card for the district;	50947

(ix) Any other action designed to correct the district's data	50948
reporting problems.	50949

(3) Any time the department takes an action against a school	50950
district under division (L)(2) of this section, the department	50951
shall make a report of the circumstances that prompted the action.	50952
The department shall send a copy of the report to the district	50953
superintendent or chief administrator and maintain a copy of the	50954
report in its files.	50955

(4) If any action taken under division (L)(2) of this section	50956
resolves a school district's data reporting problems to the	50957
department's satisfaction, the department shall not take any	50958
further actions described by that division. If the department	50959
withheld funds from the district under that division, the	50960
department may release those funds to the district, except that if	50961
the department withheld funding under division (L)(2)(c) of this	50962
section, the department shall not release the funds withheld under	50963
division (L)(2)(b) of this section and, if the department withheld	50964
funding under division (L)(2)(d) of this section, the department	50965
shall not release the funds withheld under division (L)(2)(b) or	50966
(c) of this section.	50967

(5) Notwithstanding anything in this section to the contrary,	50968
the department may use its own staff or an outside entity to	50969
conduct an audit of a school district's data reporting practices	50970
any time the department has reason to believe the district has not	50971
made a good faith effort to report data as required by this	50972
section. If any audit conducted by an outside entity under	50973
division (L)(2)(d)(i) or (5) of this section confirms that a	50974
district has not made a good faith effort to report data as	50975
required by this section, the district shall reimburse the	50976
department for the full cost of the audit. The department may	50977
withhold state funds due to the district for this purpose.	50978

(6) Prior to issuing a revised report card for a school	50979
district under division (L)(2)(d)(viii) of this section, the	50980
department may hold a hearing to provide the district with an	50981
opportunity to demonstrate that it made a good faith effort to	50982
report data as required by this section. The hearing shall be	50983
conducted by a referee appointed by the department. Based on the	50984
information provided in the hearing, the referee shall recommend	50985
whether the department should issue a revised report card for the	50986
district. If the referee affirms the department's contention that	50987
the district did not make a good faith effort to report data as	50988
required by this section, the district shall bear the full cost of	50989
conducting the hearing and of issuing any revised report card.	50990

(7) If the department determines that any inaccurate data	50991
reported under this section caused a school district to receive	50992
excess state funds in any fiscal year, the district shall	50993
reimburse the department an amount equal to the excess funds, in	50994
accordance with a payment schedule determined by the department.	50995
The department may withhold state funds due to the district for	50996
this purpose.	50997

(8) Any school district that has funds withheld under	50998
division (L)(2) of this section may appeal the withholding in	50999
accordance with Chapter 119. of the Revised Code.	51000

(9) In all cases of a disagreement between the department and	51001
a school district regarding the appropriateness of an action taken	51002
under division (L)(2) of this section, the burden of proof shall	51003
be on the district to demonstrate that it made a good faith effort	51004
to report data as required by this section.	51005

(10) The state board of education shall adopt rules under	51006
Chapter 119. of the Revised Code to implement division (L) of this	51007
section.	51008

(M) No information technology center or school district shall	51009
acquire, change, or update its student administration software	51010
package to manage and report data required to be reported to the	51011
department unless it converts to a student software package that	51012
is certified by the department.	51013

(N) The state board of education, in accordance with sections	51014
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	51015
license as defined under division (A) of section 3319.31 of the	51016
Revised Code that has been issued to any school district employee	51017
found to have willfully reported erroneous, inaccurate, or	51018
incomplete data to the education management information system.	51019

(O) No person shall release or maintain any information about	51020
any student in violation of this section. Whoever violates this	51021
division is guilty of a misdemeanor of the fourth degree.	51022

(P) The department shall disaggregate the data collected	51023
under division (B)(1)(n) of this section according to the race and	51024
socioeconomic status of the students assessed. No data collected	51025
under that division shall be included on the report cards required	51026
by section 3302.03 of the Revised Code.	51027

(Q) If the department cannot compile any of the information	51028
required by division (C)(5) of section 3302.03 of the Revised Code	51029
based upon the data collected under this section, the department	51030
shall develop a plan and a reasonable timeline for the collection	51031
of any data necessary to comply with that division.	51032

Sec. 3301.16. Pursuant to standards prescribed by the state	51033
board of education as provided in division (D) of section 3301.07	51034
of the Revised Code, the state board shall classify and charter	51035
school districts and individual schools within each district	51036
except that no charter shall be granted to a nonpublic school	51037
unless the school complies with section 3313.612 of the Revised	51038
Code.	51039

In the course of considering the charter of a new school	51040
district created under section 3311.26 or 3311.38 of the Revised	51041
Code, the state board shall require the party proposing creation	51042
of the district to submit to the board a map, certified by the	51043
county auditor of the county in which the proposed new district is	51044
located, showing the boundaries of the proposed new district. In	51045
the case of a proposed new district located in more than one	51046
county, the map shall be certified by the county auditor of each	51047
county in which the proposed district is located.	51048

The state board shall revoke the charter of any school	51049
district or school which fails to meet the standards for	51050
elementary and high schools as prescribed by the board. The state	51051
board shall also revoke the charter of any nonpublic school that	51052
does not comply with section 3313.612 of the Revised Code. ~~The~~	51053
~~state board may revoke the charter of any school district that~~	51054
~~fails to meet the operating standards established under division~~	51055
~~(D)(3) of section 3301.07 of the Revised Code.~~	51056

In the issuance and revocation of school district or school	51057
charters, the state board shall be governed by the provisions of	51058
Chapter 119. of the Revised Code.	51059

No school district, or individual school operated by a school	51060
district, shall operate without a charter issued by the state	51061
board under this section.	51062

In case a school district charter is revoked pursuant to this	51063
section, the state board may dissolve the school district and	51064
transfer its territory to one or more adjacent districts. An	51065
equitable division of the funds, property, and indebtedness of the	51066
school district shall be made by the state board among the	51067
receiving districts. The board of education of a receiving	51068
district shall accept such territory pursuant to the order of the	51069
state board. Prior to dissolving the school district, the state	51070
board shall notify the appropriate educational service center	51071
governing board and all adjacent school district boards of	51072
education of its intention to do so. Boards so notified may make	51073
recommendations to the state board regarding the proposed	51074
dissolution and subsequent transfer of territory. Except as	51075
provided in section 3301.161 of the Revised Code, the transfer	51076
ordered by the state board shall become effective on the date	51077
specified by the state board, but the date shall be at least	51078
thirty days following the date of issuance of the order.	51079

A high school is one of higher grade than an elementary	51080
school, in which instruction and training are given in accordance	51081
with sections 3301.07 and 3313.60 of the Revised Code and which	51082
also offers other subjects of study more advanced than those	51083
taught in the elementary schools and such other subjects as may be	51084
approved by the state board of education.	51085

An elementary school is one in which instruction and training	51086
are given in accordance with sections 3301.07 and 3313.60 of the	51087
Revised Code and which offers such other subjects as may be	51088
approved by the state board of education. In districts wherein a	51089
junior high school is maintained, the elementary schools in that	51090
district may be considered to include only the work of the first	51091
six school years inclusive, plus the kindergarten year.	51092

~~A high school or an elementary school may consist of less~~	51093
~~than one or more than one organizational unit, as defined in~~	51094
~~sections 3306.02 and 3306.04 of the Revised Code.~~	51095

Sec. 3301.162. (A) If the governing authority of a chartered	51096
nonpublic school intends to close the school, the governing	51097
authority shall notify all of the following of that intent prior	51098
to closing the school:	51099

(1) The department of education;

51100

(2) The school district that receives auxiliary services	51101
funding under division ~~(I)~~(E) of section 3317.024 of the Revised	51102
Code on behalf of the students enrolled in the school;	51103

(3) The accrediting association that most recently accredited	51104
the school for purposes of chartering the school in accordance	51105
with the rules of the state board of education, if applicable.	51106

The notice shall include the school year and, if possible,	51107
the actual date the school will close.	51108

(B) The chief administrator of each chartered nonpublic	51109
school that closes shall deposit the school's records with either:	51110

(1) The accrediting association that most recently accredited	51111
the school for purposes of chartering the school in accordance	51112
with the rules of the state board, if applicable;	51113

(2) The school district that received auxiliary services	51114
funding under division ~~(I)~~(E) of section 3317.024 of the Revised	51115
Code on behalf of the students enrolled in the school.	51116

The school district that receives the records may charge for	51117
and receive a one-time reimbursement from auxiliary services	51118
funding under division ~~(I)~~(E) of section 3317.024 of the Revised	51119
Code for costs the district incurred to store the records.	51120

Sec. 3301.70. (A) The state board of education is the	51121
designated state agency responsible for the coordination and	51122
administration of sections 110 to 118 of the "National and	51123
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.	51124
12401 to 12431, as amended. With the assistance of the Ohio	51125
~~community~~commission on service ~~council~~and volunteerism created	51126
in section 121.40 of the Revised Code, the state board shall	51127
coordinate with other state agencies to apply for funding under	51128
the act when appropriate.	51129

(B) With the assistance of the Ohio ~~community~~commission on	51130
service ~~council~~and volunteerism, the state board of education	51131
shall develop a plan to assist school districts in the	51132
implementation of section 3313.605 of the Revised Code and other	51133
community service activities of school districts. The state board	51134
shall encourage the development of school district programs	51135
meeting the requirements for funding under the National and	51136
Community Service Act of 1990. The plan shall include the	51137
investigation of funding from all available sources for school	51138
community service education programs, including funds available	51139
under the National and Community Service Act of 1990, and the	51140
provision of technical assistance to school districts for the	51141
implementation of community service education programs. The plan	51142
shall also provide for technical assistance to be given to school	51143
boards to assist in obtaining funds for community service	51144
education programs from any source.	51145

(C) With the assistance of the Ohio ~~community~~commission on	51146
service ~~council~~and volunteerism, the state board of education	51147
shall do all of the following:	51148

(1) Disseminate information about school district community	51149
service education programs to other school districts and to	51150
statewide organizations involved with or promoting volunteerism;	51151

(2) Recruit additional school districts to develop community	51152
service education programs;	51153

(3) Identify or develop model community service programs,	51154
teacher training courses, and community service curricula and	51155
teaching materials for possible use by school districts in their	51156
programs.	51157

Sec. 3301.81. (A) As used in this division:

51158

(1) "Qualifying school" means either of the following:

51159

(a) A school operated by a challenged school district;

51160

(b) A community school that provides or proposes to provide	51161
classroom-based instruction at a site located within a challenged	51162
school district or a school district adjacent to a challenged	51163
school district.	51164

(2) "Challenged school district" has the same meaning as in	51165
section 3314.02 of the Revised Code.	51166

(B)(1) Not later than sixty days after the effective date of	51167
this section, the department of education shall issue a request	51168
for proposals from qualifying schools that wish to operate as a	51169
hybrid school in accordance with this section to provide students	51170
with a combination of technology-based instruction, including	51171
internet- or computer-based instruction, and classroom-based	51172
instruction. Each proposal submitted to the department shall	51173
contain the following information:	51174

(a) A description of the proposed hybrid nature of the	51175
school's instructional program;	51176

(b) An academic accountability plan, which shall include a	51177
commitment that the school will evaluate student performance at	51178
least three times a year and publish the results of each	51179
evaluation;	51180

51181

(2) The department shall develop a rigorous process for the	51182
evaluation of submitted proposals. As part of this process, if the	51183
department receives more than five proposals, the department shall	51184
select finalists from among the qualified responders. The	51185
finalists shall be required to make a public presentation to a	51186
panel of experts selected by the department on the merits of the	51187
school's plan and the likelihood of student success under the	51188
plan.	51189

(3) Within one hundred eighty days following the issuance of	51190
the request for proposals, the department shall select up to five	51191
schools from among the qualified responders. The selected schools	51192
may begin operating as a hybrid school in the next school year	51193
commencing after the approval of the school's proposal. If any of	51194
the selected schools is a community school established on or after	51195
the effective date of this section, the contract adopted under	51196
section 3314.03 of the Revised Code shall conform with the	51197
provisions of the school's proposal as approved by the department.	51198
If any of the selected schools is a community school established	51199
prior to the effective date of this section, the governing	51200
authority and sponsor of the school shall amend the contract	51201
adopted under section 3314.03 of the Revised Code prior to the	51202
first date of July of the school year in which the school will	51203
begin operating as a hybrid school to conform with the provisions	51204
of the school's proposal as approved by the department.	51205

(4) In the third school year after the schools selected under	51206
division (B)(3) of this section commence operations as hybrid	51207
schools, the department shall conduct a study of the academic	51208
performance of students attending the hybrid schools and determine	51209
any best practices utilized by the schools. The department shall	51210
issue a report on the results of this study to the governor, the	51211
president of the senate, and the speaker of the house of	51212
representatives.	51213

At the conclusion of the study, the department may issue a	51214
second request for proposals and select up to five additional	51215
schools that may operate as hybrid schools in accordance with this	51216
section. The department may modify the request for proposals or	51217
evaluation process from those previously used based on the results	51218
of the study conducted pursuant to this division.	51219

(C)(1) The board of education of each school district	51220
operating a hybrid school, or the governing authority of each	51221
community school operating as a hybrid school, shall require each	51222
student enrolled in the school to do both of the following:	51223

(a) Attend a designated site maintained by the board of	51224
education or governing authority to receive traditional	51225
classroom-based instruction that does not rely primarily on the	51226
use of computers or other electronic, digital, or wireless	51227
technology for the percentage of required instructional time	51228
determined under division (C)(2) of this section;	51229

(b) For the period of time the student does not attend the	51230
site maintained by the board of education or governing authority,	51231
work primarily from the student's residence on assignments in	51232
nonclassroom-based learning opportunities provided via a	51233
technology-based instructional method.	51234

(2) Before the beginning of each school year, the education	51235
team of each student enrolled in a hybrid school shall determine	51236
the percentage of the required instructional time that should be	51237
devoted to traditional classroom-based instruction and	51238
technology-based instruction to best meet the student's	51239
educational needs. As used in this division, "education team"	51240
includes, but is not limited to, the chief administrative officer	51241
or principal of the school, the student, the student's parent or	51242
guardian, and any teacher requested by the chief administrative	51243
officer or principal, student, or parent or guardian.	51244

(D) In the case of a community school operating as a hybrid	51245
school, the designated site maintained by the school's governing	51246
authority for the provision of classroom-based instruction shall	51247
be located in a challenged school district or an adjacent school	51248
district. However, the challenged school district shall be	51249
considered the school district in which the school is located for	51250
all purposes of Chapter 3314. of the Revised Code, including	51251
adopting an admission policy under division (A)(19) of section	51252
3314.03 of the Revised Code.	51253

(E) Except as provided in section 3314.091 of the Revised	51254
Code, the board of education of each city, local, and exempted	51255
village school district shall provide for its district's native	51256
students, in accordance with section 3327.01 of the Revised Code,	51257
transportation to and from a community school operating as a	51258
hybrid school pursuant to this section on each weekday the	51259
students are required to attend school at that site.	51260

As used in this division, "native student" has the same	51261
meaning as in section 3314.09 of the Revised Code.	51262

(F) A community school operating as a hybrid school pursuant	51263
to this section is not an internet- or computer-based community	51264
school for purposes of Chapter 3314. of the Revised Code.	51265
Nevertheless, except as otherwise provided in this section, a	51266
hybrid community school shall comply with all requirements of that	51267
chapter, including any provisions that apply solely to an	51268
internet- or computer-based community school.	51269

Sec. 3302.02. Not later than one year after the adoption of	51270
rules under division ~~(E)~~(D) of section 3301.0712 of the Revised	51271
Code and at least every sixth year thereafter, upon	51272
recommendations of the superintendent of public instruction, the	51273
state board of education shall establish performance indicators	51274
for the report cards required by division (C) of section 3302.03	51275
of the Revised Code. In establishing these indicators, the	51276
superintendent shall consider inclusion of student performance on	51277
assessments prescribed under section 3301.0710 or 3301.0712 of the	51278
Revised Code, rates of student improvement on such assessments,	51279
student attendance, the breadth of coursework available within the	51280
district, and other indicators of student success. Not later than	51281
December 31, 2011, the state board, upon recommendation of the	51282
superintendent, shall establish a performance indicator reflecting	51283
the level of services provided to, and the performance of,	51284
students identified as gifted under Chapter 3324. of the Revised	51285
Code.	51286

The superintendent shall inform the Ohio accountability task	51287
force established under section 3302.021 of the Revised Code of	51288
the performance indicators the superintendent establishes under	51289
this section and the rationale for choosing each indicator and for	51290
determining how a school district or building meets that	51291
indicator.	51292

The superintendent shall not establish any performance	51293
indicator for passage of the third or fourth grade English	51294
language arts assessment that is solely based on the assessment	51295
given in the fall for the purpose of determining whether students	51296
have met the reading guarantee provisions of section 3313.608 of	51297
the Revised Code.	51298

Sec. 3302.031. In addition to the report cards required under	51299
section 3302.03 of the Revised Code, the department of education	51300
shall annually prepare the following reports for each school	51301
district and make a copy of each report available to the	51302
superintendent of each district:	51303

(A) A funding and expenditure accountability report which	51304
shall consist of the amount of state aid payments the school	51305
district will receive during the fiscal year under ~~Chapters 3306.~~	51306
~~and~~Chapter 3317. of the Revised Code and any other fiscal data	51307
the department determines is necessary to inform the public about	51308
the financial status of the district;	51309

(B) A school safety and discipline report which shall consist	51310
of statistical information regarding student safety and discipline	51311
in each school building, including the number of suspensions and	51312
expulsions disaggregated according to race and gender;	51313

(C) A student equity report which shall consist of at least a	51314
description of the status of teacher qualifications, library and	51315
media resources, textbooks, classroom materials and supplies, and	51316
technology resources for each district. To the extent possible,	51317
the information included in the report required under this	51318
division shall be disaggregated according to grade level, race,	51319
gender, disability, and scores attained on assessments required	51320
under section 3301.0710 of the Revised Code.	51321

(D) A school enrollment report which shall consist of	51322
information about the composition of classes within each district	51323
by grade and subject disaggregated according to race, gender, and	51324
scores attained on assessments required under section 3301.0710 of	51325
the Revised Code;	51326

(E) A student retention report which shall consist of the	51327
number of students retained in their respective grade levels in	51328
the district disaggregated by grade level, subject area, race,	51329
gender, and disability;	51330

(F) A school district performance report which shall describe	51331
for the district and each building within the district the extent	51332
to which the district or building meets each of the applicable	51333
performance indicators established under section 3302.02 of the	51334
Revised Code, the number of performance indicators that have been	51335
achieved, and the performance index score. In calculating the	51336
rates of achievement on the performance indicators and the	51337
performance index scores for each report, the department shall	51338
exclude all students with disabilities.	51339

Sec. 3302.042. (A) This section shall operate as a pilot	51340
project that applies to any school that has been ranked according	51341
to performance index score under section 3302.21 of the Revised	51342
Code in the lowest five per cent of performance index scores of	51343
all schools of all city, exempted village, and local school	51344
districts statewide for three or more consecutive school years and	51345
is operated by the Columbus city school district.	51346

(B) Except as provided in division (D) of this section, if	51347
the parents or guardians of at least fifty per cent of the	51348
students enrolled in a school to which this section applies, or if	51349
the parents or guardians of at least fifty per cent of the total	51350
number of students enrolled in that school and the schools of	51351
lower grade levels whose students typically matriculate into that	51352
school, sign and file with the school district treasurer a	51353
petition requesting the district board of education to implement	51354
one of the following reforms in the school, and if the validity	51355
and sufficiency of the petition is certified in accordance with	51356
division (C) of this section, the board shall implement the	51357
requested reform in the next school year:	51358

(1) Reopen the school as a community school under Chapter	51359
3314. of the Revised Code;	51360

(2) Replace at least seventy per cent of the school's	51361
personnel who are related to the school's poor academic	51362
performance or, at the request of the petitioners, retain not more	51363
than thirty per cent of the personnel;	51364

(3) Contract with another school district or a nonprofit or	51365
for-profit entity with a demonstrated record of effectiveness to	51366
operate the school;	51367

(4) Turn operation of the school over to the department;

51368

(5) Any other major restructuring of the school that makes	51369
fundamental reforms in the school's staffing or governance.	51370

(C) Not later than thirty days after receipt of a petition	51371
under division (B) of this section, the district treasurer shall	51372
verify the validity and sufficiency of the signatures on the	51373
petition and certify to the district board whether the petition	51374
contains the necessary number of valid signatures to require the	51375
board to implement the reform requested by the petitioners. If the	51376
treasurer certifies to the district board that the petition does	51377
not contain the necessary number of valid signatures, any person	51378
who signed the petition may file an appeal with the county auditor	51379
within ten days after the certification. Not later than thirty	51380
days after the filing of an appeal, the county auditor shall	51381
conduct an independent verification of the validity and	51382
sufficiency of the signatures on the petition and certify to the	51383
district board whether the petition contains the necessary number	51384
of valid signatures to require the board to implement the	51385
requested reform. If the treasurer or county auditor certifies	51386
that the petition contains the necessary number of valid	51387
signatures, the district board shall notify the superintendent of	51388
public instruction and the state board of education of the	51389
certification.	51390

(D) The district board shall not implement the reform	51391
requested by the petitioners in any of the following	51392
circumstances:	51393

(1) The district board has determined that the request is for	51394
reasons other than improving student academic achievement or	51395
student safety.	51396

(2) The state superintendent has determined that	51397
implementation of the requested reform would not comply with the	51398
model of differentiated accountability described in section	51399
3302.041 of the Revised Code.	51400

(3) The petitioners have requested the district board to	51401
implement the reform described in division (B)(4) of this section	51402
and the department has not agreed to take over the school's	51403
operation.	51404

(4) When all of the following have occurred:

51405

(a) After a public hearing on the matter, the district board	51406
issued a written statement explaining the reasons that it is	51407
unable to implement the requested reform and agreeing to implement	51408
one of the other reforms described in division (B) of this	51409
section.	51410

(b) The district board submitted its written statement to the	51411
state superintendent and the state board along with evidence	51412
showing how the alternative reform the district board has agreed	51413
to implement will enable the school to improve its academic	51414
performance.	51415

(c) Both the state superintendent and the state board have	51416
approved implementation of the alternative reform.	51417

(E) Beginning not later than six months after the first	51418
petition under this section has been resolved, the department of	51419
education shall annually evaluate the pilot program and submit a	51420
report to the general assembly under section 101.68 of the Revised	51421
Code. Such reports shall contain its recommendations to the	51422
general assembly with respect to the continuation of the pilot	51423
program, its expansion to other school districts, or the enactment	51424
of further legislation establishing the program statewide under	51425
permanent law.	51426

Sec. 3302.05. The state board of education shall adopt rules	51427
freeing school districts declared to be excellent under division	51428
(B)(1) or effective under division (B)(2) of section 3302.03 of	51429
the Revised Code from specified state mandates. Any mandates	51430
included in the rules shall be only those statutes or rules	51431
pertaining to state education requirements. The rules shall not	51432
exempt districts ~~from any standard or requirement of section~~	51433
~~3306.09 of the Revised Code or~~ from any operating standard adopted	51434
under division (D)(3) of section 3301.07 of the Revised Code.	51435

Sec. 3302.06. (A) Any school of a city, exempted village, or	51436
local school district may apply to the district board of education	51437
to be designated as an innovation school. Each application shall	51438
include an innovation plan that contains the following:	51439

(1) A statement of the school's mission and an explanation of	51440
how the designation would enhance the school's ability to fulfill	51441
its mission;	51442

(2) A description of the innovations the school would	51443
implement;	51444

(3) An explanation of how implementation of the innovations	51445
described in division (A)(2) of this section would affect the	51446
school's programs and policies, including any of the following	51447
that apply:	51448

(a) The school's educational program;

51449

(b) The length of the school day and the school year;

51450

51451

(d) The school's plan for the assessment of students;

51452

(e) The school's budget;

51453

(f) The school's staffing levels.

51454

(4) A description of the improvements in student academic	51455
performance that the school expects to achieve by implementing the	51456
innovations described in division (A)(2) of this section;	51457

(5) An estimate of the cost savings and increased	51458
efficiencies, if any, that the school expects to achieve by	51459
implementing the innovations described in division (A)(2) of this	51460
section;	51461

(6) A description of any laws in Title XXXIII of the Revised	51462
Code, rules adopted by the state board of education, or	51463
requirements enacted by the district board that would need to be	51464
waived to implement the innovations described in division (A)(2)	51465
of this section;	51466

(7) A description of any provisions of a collective	51467
bargaining agreement covering personnel of the school that would	51468
need to be waived to implement the innovations described in	51469
division (A)(2) of this section;	51470

(8) Evidence that a majority of the administrators assigned	51471
to the school and a majority of the teachers assigned to the	51472
school consent to seeking the designation and a statement of the	51473
level of support for seeking the designation demonstrated by other	51474
staff working in the school, students enrolled in the school and	51475
their parents, and members of the community in which the school is	51476
located.	51477

(B) Two or more schools of the district may apply to the	51478
district board to be designated as an innovation school zone, if	51479
the schools share common interests based on factors such as	51480
geographical proximity or similar educational programs or if the	51481
schools serve the same classes of students as they advance to	51482
higher grade levels. Each application shall include an innovation	51483
plan that contains the information prescribed by divisions (A)(1)	51484
to (8) of this section for each participating school and the	51485
following additional information:	51486

(1) A description of how innovations in the participating	51487
schools would be integrated to achieve results that would be less	51488
likely to be achieved by each participating school alone;	51489

(2) An estimate of any economies of scale that would be	51490
realized by implementing innovations jointly.	51491

Sec. 3302.061. (A) A school district board of education shall	51492
review each application received under section 3302.06 of the	51493
Revised Code and, within sixty days after receipt of the	51494
application, shall approve or disapprove the application. In	51495
reviewing applications, the board shall give preference to	51496
applications that propose innovations in one or more of the	51497
following areas:	51498

(1) Curriculum;

51499

(2) Student assessments, other than the assessments	51500
prescribed by sections 3301.0710 and 3301.0712 of the Revised	51501
Code;	51502

(3) Class scheduling;

51503

(4) Accountability measures, including innovations that	51504
expand the number and variety of measures used in order to collect	51505
more complete data about student academic performance. For this	51506
purpose, schools may consider use of measures such as	51507
end-of-course examinations, portfolios of student work, nationally	51508
or internationally normed assessments, the percentage of students	51509
enrolling in post-secondary education, or the percentage of	51510
students simultaneously obtaining a high school diploma and an	51511
associate's degree or certification to work in an industry or	51512
career field.	51513

(5) Provision of student services, including services for	51514
students who are disabled, identified as gifted under Chapter	51515
3324. of the Revised Code, limited English proficient, at risk of	51516
academic failure or dropping out, or at risk of suspension or	51517
expulsion;	51518

(6) Provision of health, counseling, or other social services	51519
to students;	51520

(7) Preparation of students for transition to higher	51521
education or the workforce;	51522

(8) Teacher recruitment, employment, and evaluation;

51523

(9) Compensation for school personnel;

51524

(10) Professional development;

51525

(11) School governance and the roles and responsibilities of	51526
principals;	51527

(12) Use of financial or other resources.

51528

(B)(1) If the board approves an application seeking	51529
designation as an innovation school, it shall so designate the	51530
school that submitted the application. If the board approves an	51531
application seeking designation as an innovation school zone, it	51532
shall so designate the participating schools that submitted the	51533
application.	51534

(2) If the board disapproves an application, it shall provide	51535
a written explanation of the basis for its decision to the school	51536
or schools that submitted the application. The school or schools	51537
may reapply for designation as an innovation school or innovation	51538
school zone at any time.	51539

(C) The board may approve an application that allows an	51540
innovation school or a school participating in an innovation	51541
school zone to determine the compensation of board employees	51542
working in the school, but the total compensation for all such	51543
employees shall not exceed the financial resources allocated to	51544
the school by the board. The school shall not be required to	51545
comply with the salary schedule adopted by the board under section	51546
3317.14 of the Revised Code. The board may approve an application	51547
that allows an innovation school or a school participating in an	51548
innovation school zone to remove board employees from the school,	51549
but no employee shall be terminated except as provided in section	51550
3319.081 or 3319.16 of the Revised Code.	51551

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

51552

(1) Designate a school as an innovation school by creating an	51553
innovation plan for that school and offering the school an	51554
opportunity to participate in the plan's creation;	51555

(2) Designate as an innovation school zone two or more	51556
schools that share common interests based on factors such as	51557
geographical proximity or similar educational programs or that	51558
serve the same classes of students as they advance to higher grade	51559
levels, by creating an innovation plan for those schools and	51560
offering the schools an opportunity to participate in the plan's	51561
creation.	51562

Sec. 3302.062. (A) If a school district board of education	51563
approves an application under division (B)(1) of section 3302.061	51564
of the Revised Code or designates an innovation school or	51565
innovation school zone under division (D) of that section, the	51566
district board shall apply to the state board of education for	51567
designation as a school district of innovation by submitting to	51568
the state board the innovation plan included in the approved	51569
application or created by the district board.	51570

Within sixty days after receipt of the application, the state	51571
board shall designate the district as a school district of	51572
innovation, unless the state board determines that the submitted	51573
innovation plan is not financially feasible or will likely result	51574
in decreased academic achievement. If the state board so	51575
determines, it shall provide a written explanation of the basis	51576
for its determination to the district board. If the district is	51577
not designated as a school district of innovation, the district	51578
board shall not implement the innovation plan. However, the	51579
district board may reapply for designation as a school district of	51580
innovation at any time.	51581

(B) A district board may request the state board to make a	51582
preliminary review of an innovation plan prior to the district	51583
board's formal application for designation as a school district of	51584
innovation. In that case, the state board shall review the	51585
innovation plan and, within sixty days after the request,	51586
recommend to the district board any changes or additions that the	51587
state board believes will improve the plan, which may include	51588
further innovations or measures to increase the likelihood that	51589
the innovations will result in higher academic achievement. The	51590
district board may revise the innovation plan prior to making	51591
formal application for designation as a school district of	51592
innovation.	51593

Sec. 3302.063. (A) Except as provided in division (B) of this	51594
section, upon designation of a school district of innovation under	51595
section 3302.062 of the Revised Code, the state board of education	51596
shall waive any laws in Title XXXIII of the Revised Code or rules	51597
adopted by the state board that are specified in the innovation	51598
plan submitted by the district board of education as needing to be	51599
waived to implement the plan. The waiver shall apply only to the	51600
school or schools participating in the innovation plan and shall	51601
not apply to the district as a whole, unless each of the	51602
district's schools is a participating school. The waiver shall	51603
cease to apply to a school if the school's designation as an	51604
innovation school is revoked or the innovation school zone in	51605
which the school participates has its designation revoked under	51606
section 3302.065 of the Revised Code, or if the school is removed	51607
from an innovation school zone under that section or section	51608
3302.064 of the Revised Code.	51609

(B) The state board shall not waive any law or rule regarding	51610
the following:	51611

(1) Funding for school districts under Chapter 3317. of the	51612
Revised Code;	51613

(2) The requirements of Chapters 3323. and 3324. of the	51614
Revised Code for the provision of services to students with	51615
disabilities and gifted students;	51616

(3) Requirements related to the provision of career-technical	51617
education that are necessary to comply with federal law or	51618
maintenance of effort provisions;	51619

(4) Administration of the assessments prescribed by sections	51620
3301.0710, 3301.0712, and 3301.0715 of the Revised Code;	51621

(5) Requirements related to the issuance of report cards and	51622
the assignment of performance ratings under section 3302.03 of the	51623
Revised Code;	51624

(6) Implementation of the model of differentiated	51625
accountability under section 3302.041 of the Revised Code;	51626

(7) Requirements for the reporting of data to the department	51627
of education;	51628

(8) Criminal records checks of school employees;

51629

(9) The requirements of Chapters 3307. and 3309. regarding	51630
the retirement systems for teachers and school employees.	51631

(C) If a district board's revisions to an innovation plan	51632
under section 3302.066 of the Revised Code require a waiver of	51633
additional laws or state board rules, the state board shall grant	51634
a waiver from those laws or rules upon evidence that	51635
administrators and teachers have consented to the revisions as	51636
required by that section.	51637

Sec. 3302.064. (A) Each collective bargaining agreement	51638
entered into by a school district board of education under Chapter	51639
4117. of the Revised Code on or after the effective date of this	51640
section shall allow for the waiver of any provision of the	51641
agreement specified in the innovation plan approved or created	51642
under section 3302.061 of the Revised Code as needing to be waived	51643
to implement the plan, in the event the district is designated as	51644
a school district of innovation.	51645

(B)(1) In the case of an innovation school, waiver of the	51646
provisions specified in the innovation plan shall be contingent	51647
upon at least sixty per cent of the members of the bargaining unit	51648
covered by the collective bargaining agreement who work in the	51649
school voting, by secret ballot, to approve the waiver.	51650

(2) In the case of an innovation school zone, waiver of the	51651
provisions specified in the innovation plan shall be contingent	51652
upon, in each participating school, at least sixty per cent of the	51653
members of the bargaining unit covered by the collective	51654
bargaining agreement who work in that school voting, by secret	51655
ballot, to approve the waiver. If at least sixty per cent of the	51656
members of the bargaining unit in a participating school do not	51657
vote to approve the waiver, the board may revise the innovation	51658
plan to remove that school from the innovation school zone.	51659

(3) If a board's revisions to an innovation plan under	51660
section 3302.066 of the Revised Code require a waiver of	51661
additional provisions of the collective bargaining agreement, that	51662
waiver shall be contingent upon approval under division (B)(1) or	51663
(2) of this section in the same manner as the initial waiver.	51664

(C) A waiver approved under division (B) of this section	51665
shall continue to apply relative to any substantially similar	51666
provision of a collective bargaining agreement entered into after	51667
the approval of the waiver.	51668

(D) A waiver approved under division (B) of this section	51669
shall cease to apply to a school if the school's designation as an	51670
innovation school is revoked or the innovation school zone in	51671
which the school participates has its designation revoked under	51672
section 3302.065 of the Revised Code, or if the school is removed	51673
from an innovation school zone under that section.	51674

(E) An employee working in an innovation school or a school	51675
participating in an innovation school zone who is a member of a	51676
bargaining unit that approves a waiver under division (B) of this	51677
section may request the board to transfer the employee to another	51678
school of the district. The board shall make every reasonable	51679
effort to accommodate the employee's request.	51680

Sec. 3302.065. Not later than three years after obtaining	51681
designation as a school district of innovation under section	51682
3302.062 of the Revised Code, and every three years thereafter,	51683
the district board of education shall review the performance of	51684
the innovation school or innovation school zone and determine if	51685
it is achieving, or making sufficient progress toward achieving,	51686
the improvements in student academic performance that were	51687
described in its innovation plan. If the board finds that an	51688
innovation school is not achieving, or not making sufficient	51689
progress toward achieving, those improvements in student academic	51690
performance, the board may revoke the designation as an innovation	51691
school. If the board finds that a school participating in an	51692
innovation school zone is not achieving, or not making sufficient	51693
progress toward achieving, those improvements in student academic	51694
performance, the board may remove that school from the innovation	51695
school zone or may revoke the designation of all participating	51696
schools as an innovation school zone.	51697

Sec. 3302.066. A school district board of education may	51698
revise an innovation plan approved or created under section	51699
3302.061 of the Revised Code, in collaboration with the school or	51700
schools participating in the plan, to further improve student	51701
academic performance. The revisions may include identifying	51702
additional laws in Title XXXIII of the Revised Code, rules adopted	51703
by the state board of education, requirements enacted by the	51704
district board, or provisions of a collective bargaining agreement	51705
that need to be waived. Any revisions to an innovation plan shall	51706
require the consent, in each school participating in the plan, of	51707
a majority of the administrators assigned to that school and a	51708
majority of the teachers assigned to that school.	51709

Sec. 3302.067. The board of education of any district	51710
designated as a school district of innovation or any school	51711
participating in an innovation plan may accept, receive, and	51712
expend gifts, grants, or donations from any public or private	51713
entity to support the implementation of the plan.	51714

Sec. 3302.068. Not later than the first day of July each	51715
year, the department of education shall issue, and post on its web	51716
site, a report on school districts of innovation. The report shall	51717
include the following information:	51718

(A) The number of districts designated as school districts of	51719
innovation in the preceding school year and the total number of	51720
school districts of innovation statewide;	51721

(B) The number of innovation schools in each school district	51722
of innovation and the number of district students served by the	51723
schools, expressed as a total number and as a percentage of the	51724
district's total student population;	51725

(C) The number of innovation school zones in each school	51726
district of innovation, the number of schools participating in	51727
each zone, and the number of district students served by the	51728
participating schools, expressed as a total number and as a	51729
percentage of the district's total student population;	51730

(D) An overview of the innovations implemented in innovation	51731
schools and innovation school zones;	51732

(E) Data on the academic performance of the students enrolled	51733
in an innovation school or an innovation school zone in each	51734
school district of innovation, including a comparison of the	51735
students' academic performance before and after the district's	51736
designation as a school district of innovation;	51737

(F) Recommendations for legislative changes based on the	51738
innovations implemented or to enhance the ability of schools and	51739
districts to implement innovations.	51740

Sec. 3302.07. (A) The board of education of any school	51741
district, the governing board of any educational service center,	51742
or the administrative authority of any chartered nonpublic school	51743
may submit to the state board of education an application	51744
proposing an innovative education pilot program the implementation	51745
of which requires exemptions from specific statutory provisions or	51746
rules. If a district or service center board employs teachers	51747
under a collective bargaining agreement adopted pursuant to	51748
Chapter 4117. of the Revised Code, any application submitted under	51749
this division shall include the written consent of the teachers'	51750
employee representative designated under division (B) of section	51751
4117.04 of the Revised Code. The exemptions requested in the	51752
application shall be limited to any requirement of Title XXXIII of	51753
the Revised Code or of any rule of the state board adopted	51754
pursuant to that title except that the application may not propose	51755
an exemption from any requirement of or rule adopted pursuant to	51756
~~section 3306.09,~~ Chapter 3307. or 3309., sections 3319.07 to	51757
3319.21, or Chapter 3323. of the Revised Code. Furthermore, an	51758
exemption from any operating standard adopted under division	51759
(B)(2) or (D)~~(3)~~ of section 3301.07 of the Revised Code shall be	51760
granted only pursuant to a waiver granted by the superintendent of	51761
public instruction under division (O) of that section.	51762

(B) The state board of education shall accept any application	51763
submitted in accordance with division (A) of this section. The	51764
superintendent of public instruction shall approve or disapprove	51765
the application in accordance with standards for approval, which	51766
shall be adopted by the state board.	51767

(C) The superintendent of public instruction shall exempt	51768
each district or service center board or chartered nonpublic	51769
school administrative authority with an application approved under	51770
division (B) of this section for a specified period from the	51771
statutory provisions or rules specified in the approved	51772
application. The period of exemption shall not exceed the period	51773
during which the pilot program proposed in the application is	51774
being implemented and a reasonable period to allow for evaluation	51775
of the effectiveness of the program.	51776

Sec. 3302.12. (A) For any school building that is ranked	51777
according to performance index score under section 3302.21 of the	51778
Revised Code in the lowest five per cent of all school district	51779
buildings statewide for three consecutive years and is declared to	51780
be under an academic watch or in a state of academic emergency	51781
under section 3302.03 of the Revised Code, the district board of	51782
education shall do one of the following at the conclusion of the	51783
school year in which the building first becomes subject to this	51784
division:	51785

(1) Close the school and direct the district superintendent	51786
to reassign the students enrolled in the school to other school	51787
buildings that demonstrate higher academic achievement;	51788

(2) Contract with another school district or a nonprofit or	51789
for-profit entity with a demonstrated record of effectiveness to	51790
operate the school;	51791

(3) Replace the principal and all teaching staff of the	51792
school and, upon request from the new principal, exempt the school	51793
from all requested policies and regulations of the board regarding	51794
curriculum and instruction. The board also shall distribute	51795
funding to the school in an amount that is at least equal to the	51796
product of the per pupil amount of state and local revenues	51797
received by the district multiplied by the student population of	51798
the school.	51799

(4) Reopen the school as a conversion community school under	51800
Chapter 3314. of the Revised Code.	51801

(B) If an action taken by the board under division (A) of	51802
this section causes the district to no longer maintain all grades	51803
kindergarten through twelve, as required by section 3311.29 of the	51804
Revised Code, the board shall enter into a contract with another	51805
school district pursuant to section 3327.04 of the Revised Code	51806
for enrollment of students in the schools of that other district	51807
to the extent necessary to comply with the requirement of section	51808
3311.29 of the Revised Code. Notwithstanding any provision of the	51809
Revised Code to the contrary, if the board enters into and	51810
maintains a contract under section 3327.04 of the Revised Code,	51811
the district shall not be considered to have failed to comply with	51812
the requirement of section 3311.29 of the Revised Code. If,	51813
however, the district board fails to or is unable to enter into or	51814
maintain such a contract, the state board of education shall take	51815
all necessary actions to dissolve the district as provided in	51816
division (A) of section 3311.29 of the Revised Code.	51817

Sec. 3302.20. (A) The department of education shall develop	51818
standards for determining, from the existing data reported in	51819
accordance with sections 3301.0714 and 3314.17 of the Revised	51820
Code, the amount of annual operating expenditures for classroom	51821
instructional purposes and for nonclassroom purposes for each	51822
city, exempted village, local, and joint vocational school	51823
district, each community school established under Chapter 3314.	51824
that is not an internet- or computer-based community school, each	51825
internet- or computer-based community school, and each STEM school	51826
established under Chapter 3326. of the Revised Code. Not later	51827
than January 1, 2012, the department shall present those standards	51828
to the state board of education for consideration. In developing	51829
the standards, the department shall adapt existing standards used	51830
by professional organizations, research organizations, and other	51831
state governments.	51832

The state board shall consider the proposed standards and	51833
adopt a final set of standards not later than July 1, 2012.	51834

(B)(1) The department shall categorize all city, exempted	51835
village, and local school districts into not less than three nor	51836
more than five groups based primarily on average daily student	51837
enrollment as reported on the most recent report card issued for	51838
each district under section 3302.03 of the Revised Code.	51839

(2) The department shall categorize all joint vocational	51840
school districts into not less than three nor more than five	51841
groups based primarily on average daily membership as reported	51842
under division (D) of section 3317.03 of the Revised Code rounded	51843
to the nearest whole number.	51844

(3) The department shall categorize all community schools	51845
that are not internet- or computer-based community schools into	51846
not less than three nor more than five groups based primarily on	51847
average daily student enrollment as reported on the most recent	51848
report card issued for each community school under sections	51849
3302.03 and 3314.012 of the Revised Code.	51850

(4) The department shall categorize all internet- or	51851
computer-based community schools into a single category.	51852

(5) The department shall categorize all STEM schools into a	51853
single category.	51854

(C) Using the standards adopted under division (A) of this	51855
section and the data reported under sections 3301.0714 and 3314.17	51856
of the Revised Code, the department shall compute, for fiscal	51857
years 2008 through 2012, and annually for each fiscal year	51858
thereafter, the following:	51859

(1) The percentage of each district's, community school's, or	51860
STEM school's total operating budget spent for classroom	51861
instructional purposes;	51862

(2) The statewide average percentage for all districts,	51863
community schools, and STEM schools combined spent for classroom	51864
instructional purposes;	51865

(3) The average percentage for each of the categories of	51866
districts and schools established under division (B) of this	51867
section spent for classroom instructional purposes;	51868

(4) The ranking of each district, community school, or STEM	51869
school within its respective category established under division	51870
(B) of this section according to the following:	51871

(a) From highest to lowest percentage spent for classroom	51872
instructional purposes;	51873

(b) From lowest to highest percentage spent for	51874
noninstructional purposes.	51875

(D) In its display of rankings within each category under	51876
division (C)(4) of this section, the department shall make the	51877
following notations:	51878

(1) Within each category of city, exempted village, and local	51879
school districts, the department shall denote each district that	51880
is:	51881

(a) Among the twenty per cent of all city, exempted village,	51882
and local school districts statewide with the lowest total	51883
operating expenditures per pupil;	51884

(b) Among the twenty per cent of all city, exempted village,	51885
and local school districts statewide with the highest performance	51886
index scores.	51887

(2) Within each category of joint vocational school	51888
districts, the department shall denote each district that is:	51889

(a) Among the twenty per cent of all joint vocational school	51890
districts statewide with the lowest total operating expenditures	51891
per pupil;	51892

(b) Among the twenty per cent of all joint vocational school	51893
districts statewide with the highest performance measures required	51894
for career-technical education under 20 U.S.C. 2323, as ranked	51895
under division (A)(3) of section 3302.21 of the Revised Code.	51896

(3) Within each category of community schools that are not	51897
internet- or computer-based community schools, the department	51898
shall denote each school that is:	51899

(a) Among the twenty per cent of all such community schools	51900
statewide with the lowest total operating expenditures per pupil;	51901

(b) Among the twenty per cent of all such community schools	51902
statewide with the highest performance index scores.	51903

(4) Within the category of internet- or computer-based	51904
community schools, the department shall denote each school that	51905
is:	51906

(a) Among the twenty per cent of all such community schools	51907
statewide with the lowest total operating expenditures per pupil;	51908

(b) Among the twenty per cent of all such community schools	51909
statewide with the highest performance index scores.	51910

(5) Within the category of STEM schools, the department shall	51911
denote each school that is:	51912

(a) Among the twenty per cent of all STEM schools statewide	51913
with the lowest total operating expenditures per pupil;	51914

(b) Among the twenty per cent of all STEM schools statewide	51915
with the highest performance index scores.	51916

(E) The department shall post in a prominent location on its	51917
web site the information prescribed by divisions (C) and (D) of	51918
this section. The department also shall include on each	51919
district's, community school's, and STEM school's annual report	51920
card issued under section 3302.03 of the Revised Code the	51921
respective information computed for the district or school under	51922
divisions (C)(1) and (4) of this section, the statewide	51923
information computed under division (C)(2) of this section, and	51924
the information computed for the district's or school's category	51925
under division (C)(3) of this section.	51926

(F) As used in this section:

51927

(1) "Internet- or computer-based community school" has the	51928
same meaning as in section 3314.02 of the Revised Code.	51929

(2) A school district's, community school's, or STEM school's	51930
performance index score rank is its performance index score rank	51931
as computed under section 3302.21 of the Revised Code.	51932

Sec. 3302.21. (A) The department of education shall develop	51933
a system to rank order all city, exempted village, local, and	51934
joint vocational school districts, community schools established	51935
under Chapter 3314., and STEM schools established under Chapter	51936
3326. of the Revised Code according to the following measures:	51937

(1) Performance index score for each school district,	51938
community school, and STEM school and for each separate building	51939
of a district, community school, or STEM school. For districts,	51940
schools, or buildings to which the performance index score does	51941
not apply, the superintendent of public instruction shall develop	51942
another measure of student academic performance and use that	51943
measure to include those buildings in the ranking so that all	51944
districts, schools, and buildings may be reliably compared to each	51945
other.	51946

(2) Student performance growth from year to year, using the	51947
value-added progress dimension, if applicable, and other measures	51948
of student performance growth designated by the superintendent of	51949
public instruction for subjects and grades not covered by the	51950
value-added progress dimension;	51951

(3) Performance measures required for career-technical	51952
education under 20 U.S.C. 2323, if applicable. If a school	51953
district is a "VEPD" or "lead district" as those terms are defined	51954
in section 3317.023 of the Revised Code, the district's ranking	51955
shall be based on the performance of career-technical students	51956
from that district and all other districts served by that	51957
district, and such fact, including the identity of the other	51958
districts served by that district, shall be noted on the report	51959
required by division (B) of this section.	51960

(4) Current operating expenditures per pupil;

51961

(5) Of total current operating expenditures, percentage spent	51962
for classroom instruction as determined under standards adopted by	51963
the state board of education;	51964

(6) Performance of, and opportunities provided to, students	51965
identified as gifted using value-added progress dimensions, if	51966
applicable, and other relevant measures as designated by the	51967
superintendent of public instruction.	51968

The department shall rank each district, community school,	51969
and STEM school annually in accordance with the system developed	51970
under this section.	51971

(B) In addition to the reports required by sections 3302.03	51972
and 3302.031 of the Revised Code, not later than the first day of	51973
September each year, the department shall issue a report for each	51974
city, exempted village, local, and joint vocational school	51975
district, each community school, and each STEM school indicating	51976
the district's or school's rank on each measure described in	51977
divisions (A)(1) to (5) of this section, including each separate	51978
building's rank according to performance index score under	51979
division (A)(1) of this section.	51980

Sec. 3302.22. (A) The governor's effective and efficient	51981
schools recognition program is hereby created. Each year, the	51982
governor shall recognize, in a manner deemed appropriate by the	51983
governor, the top ten per cent of all public schools in this	51984
state, including schools of city, exempted village, local, or	51985
joint vocational school districts, community schools established	51986
under Chapter 3314. of the Revised Code, and STEM schools	51987
established under Chapter 3326. of the Revised Code.	51988

(B) The top ten per cent of schools shall be determined by	51989
the department of education according to standards established by	51990
the department. The standards shall include, but need not be	51991
limited to, both of the following:	51992

(1) Student performance, as determined by factors including,	51993
but not limited to, performance indicators under section 3302.02	51994
of the Revised Code, report cards issued under section 3302.03 of	51995
the Revised Code, performance index score rankings under section	51996
3302.21 of the Revised Code, and any other statewide or national	51997
assessment or student performance recognition program the	51998
department selects;	51999

(2) Fiscal performance, including cost-effective measures	52000
taken by the school.	52001

Sec. 3302.25. (A) In accordance with standards prescribed by	52002
the state board of education for categorization of school district	52003
expenditures adopted under division (A) of section 3302.20 of the	52004
Revised Code, the department of education annually shall determine	52005
all of the following for the previous fiscal year:	52006

(1) For each school district, the ratio of the district's	52007
operating expenditures for instructional purposes compared to its	52008
operating expenditures for administrative purposes;	52009

(2) For each school district, the per pupil amount of the	52010
district's expenditures for instructional purposes;	52011

(3) For each school district, the per pupil amount of the	52012
district's operating expenditures for administrative purposes;	52013

(4) For each school district, the percentage of the	52014
district's operating expenditures attributable to school district	52015
funds;	52016

(5) The statewide average among all school districts for each	52017
of the items described in divisions (A)(1) to (4) of this section.	52018

(B) The department annually shall submit a report to each	52019
school district indicating the district's information for each of	52020
the items described in divisions (A)(1) to (4) of this section and	52021
the statewide averages described in division (A)(5) of this	52022
section.	52023

(C) Each school district, upon receipt of the report	52024
prescribed by division (B) of this section, shall publish the	52025
information contained in that report in a prominent location on	52026
the district's web site and publish the report in another fashion	52027
so that it is available to all parents of students enrolled in the	52028
district and to taxpayers of the district.	52029

Sec. 3302.30. (A) The superintendent of public instruction	52030
shall establish a pilot project in Columbiana county under which	52031
one or more school districts in that county shall offer a	52032
multiple-track high school curriculum for students with differing	52033
career plans. The superintendent shall solicit and select	52034
districts to participate in the pilot project. Selected districts	52035
shall begin offering their career track curricula not later than	52036
the school year that begins at least six months after the	52037
effective date of this section. No district shall be required to	52038
participate in the pilot project.	52039

The curricula provided under the pilot project at each	52040
participating district shall offer at least three distinct career	52041
tracks, including at least a college preparatory track and a	52042
career-technical track. Each track shall comply with the	52043
curriculum requirements of section 3313.603 of the Revised Code.	52044
The different tracks may be offered at different campuses. Two or	52045
more participating districts may offer some or all of their	52046
respective curriculum tracks through a cooperative agreement	52047
entered into under section 3313.842 of the Revised Code.	52048

The department of education shall provide technical	52049
assistance to participating districts in developing the curriculum	52050
tracks to offer to students under the pilot project.	52051

Part or all of selected curriculum materials or services may	52052
be purchased from other public or private sources.	52053

The state superintendent shall apply for private and other	52054
nonstate funds, and may use other available state funds, to	52055
support the pilot project. If nonstate funds cannot be obtained or	52056
the superintendent of public instruction determines that	52057
sufficient funds are not available to support the pilot project,	52058
implementation of this section may be postponed until such time as	52059
the superintendent determines that sufficient funds are available.	52060

(B) Each participating school district shall report to the	52061
state superintendent data about the operation and results of the	52062
pilot project, as required by the superintendent.	52063

(C) Not later than the thirty-first day of December of the	52064
third school year in which the pilot project is operating, the	52065
state superintendent shall submit a report to the general	52066
assembly, in accordance with section 101.68 of the Revised Code,	52067
containing the superintendent's evaluation of the results of the	52068
pilot project and legislative recommendations whether to continue,	52069
expand, or make changes to the pilot project.	52070

Sec. 3304.181. If the total of all funds available from	52071
nonfederal sources to support the activities of the rehabilitation	52072
services commission does not comply with the expenditure	52073
requirements of 34 C.F.R. 361.60 and 361.62 for those activities	52074
or would cause the state to lose an allotment or fail to receive a	52075
reallotment under 34 C.F.R. 361.65, the commission shall solicit	52076
additional funds from, and enter into agreements for the use of	52077
those funds with, private or public entities, including local	52078
government entities of this state. The commission shall continue	52079
to solicit additional funds and enter into agreements until the	52080
total funding available is sufficient for the commission to	52081
receive federal funds at the maximum amount and in the most	52082
advantageous proportion possible.	52083

Any agreement entered into between the commission and a	52084
private or public entity to provide funds under this section shall	52085
be in accordance with 34 C.F.R. 361.28 and section 3304.182 of the	52086
Revised Code.	52087

Sec. 3304.182. Any agreement between the rehabilitation	52088
services commission and a private or public entity providing funds	52089
under section 3304.181 of the Revised Code may permit the	52090
commission to receive a specified percentage of the funds ~~for~~	52091
~~administration~~, but the percentage shall be not more than thirteen	52092
per cent of the total funds available under the agreement. The	52093
agreement shall not be for less than six months or be discontinued	52094
by the commission without the commission first providing three	52095
months notice of intent to discontinue the agreement. The	52096
commission may terminate an agreement only for good cause.	52097

Any services provided under an agreement entered into under	52098
section 3304.181 of the Revised Code shall be provided by a person	52099
or government entity that meets the accreditation standards	52100
established in rules adopted by the commission under section	52101
3304.16 of the Revised Code.	52102

Sec. 3305.08. Any payment, benefit, or other right accruing	52103
to any electing employee under a contract entered into for	52104
purposes of an alternative retirement plan and all moneys,	52105
investments, and income of those contracts are exempt from any	52106
state tax, except the tax imposed by section 5747.02 of the	52107
Revised Code, are exempt from any county, municipal, or other	52108
local tax, except income taxes imposed pursuant to section 5748.02	52109
or, 5748.08, or 5748.09 of the Revised Code, and, except as	52110
provided in sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81,	52111
3121.02, 3121.03, 3123.06, 3305.09, and 3305.12 of the Revised	52112
Code, shall not be subject to execution, garnishment, attachment,	52113
the operation of bankruptcy or the insolvency law, or other	52114
process of law, and shall be unassignable except as specifically	52115
provided in this section and sections 3105.171, 3105.65, 3119.80,	52116
3119.81, 3121.02, 3121.03, 3115.32, and 3123.06 of the Revised	52117
Code or in any contract the electing employee has entered into for	52118
purposes of an alternative retirement plan.	52119

Sec. 3307.20. (A) As used in this section:

52120

(1) "Personal history record" means information maintained by	52121
the state teachers retirement board on an individual who is a	52122
member, former member, contributor, former contributor, retirant,	52123
or beneficiary that includes the address, telephone number, social	52124
security number, record of contributions, correspondence with the	52125
state teachers retirement system, or other information the board	52126
determines to be confidential.	52127

(2) "Retirant" has the same meaning as in section 3307.50 of	52128
the Revised Code.	52129

(B) The records of the board shall be open to public	52130
inspection, except for the following, which shall be excluded,	52131
except with the written authorization of the individual concerned:	52132

(1) The individual's personal records provided for in section	52133
3307.23 of the Revised Code;	52134

(2) The individual's personal history record;

52135

(3) Any information identifying, by name and address, the	52136
amount of a monthly allowance or benefit paid to the individual.	52137

(C) All medical reports and recommendations under sections	52138
3307.62, 3307.64, and 3307.66 of the Revised Code are privileged,	52139
except as follows:	52140

(1) Copies of medical reports or recommendations shall be	52141
made available to the personal physician, attorney, or authorized	52142
agent of the individual concerned upon written release received	52143
from the individual or the individual's agent, or, when necessary	52144
for the proper administration of the fund, to the board assigned	52145
physician.	52146

(2) Documentation required by section 2929.193 of the Revised	52147
Code shall be provided to a court holding a hearing under that	52148
section.	52149

(D) Any person who is a member or contributor of the system	52150
shall be furnished, on written request, with a statement of the	52151
amount to the credit of the person's account. The board need not	52152
answer more than one request of a person in any one year.	52153

(E) Notwithstanding the exceptions to public inspection in	52154
division (B) of this section, the board may furnish the following	52155
information:	52156

(1) If a member, former member, retirant, contributor, or	52157
former contributor is subject to an order issued under section	52158
2907.15 of the Revised Code or an order issued under division (A)	52159
or (B) of section 2929.192 of the Revised Code or is convicted of	52160
or pleads guilty to a violation of section 2921.41 of the Revised	52161
Code, on written request of a prosecutor as defined in section	52162
2935.01 of the Revised Code, the board shall furnish to the	52163
prosecutor the information requested from the individual's	52164
personal history record.	52165

(2) Pursuant to a court or administrative order issued under	52166
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the	52167
Revised Code, the board shall furnish to a court or child support	52168
enforcement agency the information required under that section.	52169

(3) At the written request of any person, the board shall	52170
provide to the person a list of the names and addresses of	52171
members, former members, retirants, contributors, former	52172
contributors, or beneficiaries. The costs of compiling, copying,	52173
and mailing the list shall be paid by such person.	52174

(4) Within fourteen days after receiving from the director of	52175
job and family services a list of the names and social security	52176
numbers of recipients of public assistance pursuant to section	52177
5101.181 of the Revised Code, the board shall inform the auditor	52178
of state of the name, current or most recent employer address, and	52179
social security number of each member whose name and social	52180
security number are the same as that of a person whose name or	52181
social security number was submitted by the director. The board	52182
and its employees shall, except for purposes of furnishing the	52183
auditor of state with information required by this section,	52184
preserve the confidentiality of recipients of public assistance in	52185
compliance with ~~division (A) of~~ section 5101.181 of the Revised	52186
Code.	52187

(5) The system shall comply with orders issued under section	52188
3105.87 of the Revised Code.	52189

On the written request of an alternate payee, as defined in	52190
section 3105.80 of the Revised Code, the system shall furnish to	52191
the alternate payee information on the amount and status of any	52192
amounts payable to the alternate payee under an order issued under	52193
section 3105.171 or 3105.65 of the Revised Code.	52194

(6) At the request of any person, the board shall make	52195
available to the person copies of all documents, including	52196
resumes, in the board's possession regarding filling a vacancy of	52197
a contributing member or retired teacher member of the board. The	52198
person who made the request shall pay the cost of compiling,	52199
copying, and mailing the documents. The information described in	52200
this division is a public record.	52201

(7) The system shall provide the notice required by section	52202
3307.373 of the Revised Code to the prosecutor assigned to the	52203
case.	52204

(F) A statement that contains information obtained from the	52205
system's records that is signed by an officer of the retirement	52206
system and to which the system's official seal is affixed, or	52207
copies of the system's records to which the signature and seal are	52208
attached, shall be received as true copies of the system's records	52209
in any court or before any officer of this state.	52210

Sec. 3307.31. (A) Payments by boards of education and	52211
governing authorities of community schools to the state teachers	52212
retirement system, as provided in sections 3307.29 and 3307.291 of	52213
the Revised Code, shall be made from the amount allocated under	52214
section 3314.08~~, Chapter 3306.,~~ or Chapter 3317. of the Revised	52215
Code prior to its distribution to the individual school districts	52216
or community schools. The amount due from each school district or	52217
community school shall be certified by the secretary of the system	52218
to the superintendent of public instruction monthly, or at such	52219
times as may be determined by the state teachers retirement board.	52220

The superintendent shall deduct, from the amount allocated to	52221
each district or community school under section 3314.08~~, Chapter~~	52222
~~3306.,~~ or Chapter 3317. of the Revised Code, the entire amounts	52223
due to the system from such district or school upon the	52224
certification to the superintendent by the secretary thereof.	52225

The superintendent shall certify to the director of budget	52226
and management the amounts thus due the system for payment.	52227

(B) Payments to the state teachers retirement system by a	52228
science, technology, engineering, and mathematics school shall be	52229
deducted from the amount allocated under section 3326.33 of the	52230
Revised Code and shall be made in the same manner as payments by	52231
boards of education under this section.	52232

Sec. 3307.41. The right of an individual to a pension, an	52233
annuity, or a retirement allowance itself, the right of an	52234
individual to any optional benefit, or any other right or benefit	52235
accrued or accruing to any individual under this chapter, the	52236
various funds created by section 3307.14 of the Revised Code, and	52237
all moneys, investments, and income from moneys or investments are	52238
exempt from any state tax, except the tax imposed by section	52239
5747.02 of the Revised Code, and are exempt from any county,	52240
municipal, or other local tax, except income taxes imposed	52241
pursuant to section 5748.02 or, 5748.08, or 5748.09 of the Revised	52242
Code, and, except as provided in sections 3105.171, 3105.65,	52243
3115.32, 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, 3307.37,	52244
3307.372, and 3307.373 of the Revised Code, shall not be subject	52245
to execution, garnishment, attachment, the operation of bankruptcy	52246
or insolvency laws, or any other process of law whatsoever, and	52247
shall be unassignable except as specifically provided in this	52248
chapter or sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81,	52249
3121.02, 3121.03, and 3123.06 of the Revised Code.	52250

Sec. 3307.64. A disability benefit recipient,	52251
notwithstanding section 3319.13 of the Revised Code, shall retain	52252
membership in the state teachers retirement system and shall be	52253
considered on leave of absence during the first five years	52254
following the effective date of a disability benefit.	52255

The state teachers retirement board shall require any	52256
disability benefit recipient to submit to an annual medical	52257
examination by a physician selected by the board, except that the	52258
board may waive the medical examination if the board's physician	52259
certifies that the recipient's disability is ongoing. If a	52260
disability benefit recipient refuses to submit to a medical	52261
examination, the recipient's disability benefit shall be suspended	52262
until the recipient withdraws the refusal. If the refusal	52263
continues for one year, all the recipient's rights under and to	52264
the disability benefit shall be terminated as of the effective	52265
date of the original suspension.	52266

After the examination, the examiner shall report and certify	52267
to the board whether the disability benefit recipient is no longer	52268
physically and mentally incapable of resuming the service from	52269
which the recipient was found disabled. If the board concurs in a	52270
report by the examining physician that the disability benefit	52271
recipient is no longer incapable, the payment of a disability	52272
benefit shall be terminated not later than the following	52273
thirty-first day of August or upon employment as a teacher prior	52274
thereto. If the leave of absence has not expired, the board shall	52275
so certify to the disability benefit recipient's last employer	52276
before being found disabled that the recipient is no longer	52277
physically and mentally incapable of resuming service that is the	52278
same or similar to that from which the recipient was found	52279
disabled. If the recipient was under contract at the time the	52280
recipient was found disabled, the employer by the first day of the	52281
next succeeding year shall restore the recipient to the	52282
recipient's previous position and salary or to a position and	52283
salary similar thereto, unless the recipient was dismissed or	52284
resigned in lieu of dismissal for dishonesty, misfeasance,	52285
malfeasance, or conviction of a felony.	52286

A disability benefit shall terminate if the disability	52287
benefit recipient becomes employed as a teacher in any public or	52288
private school or institution in this state or elsewhere. An	52289
individual receiving a disability benefit from the system shall be	52290
ineligible for any employment as a teacher and it shall be	52291
unlawful for any employer to employ the individual as a teacher.	52292
If any employer should employ or reemploy the individual prior to	52293
the termination of a disability benefit, the employer shall file	52294
notice of employment with the board designating the date of the	52295
employment. If the individual should be paid both a disability	52296
benefit and also compensation for teaching service for all or any	52297
part of the same month, the secretary of the board shall certify	52298
to the employer or to the superintendent of public instruction the	52299
amount of the disability benefit received by the individual during	52300
the employment, which amount shall be deducted from any amount due	52301
the employing district under ~~Chapters 3306. and~~Chapter 3317. of	52302
the Revised Code or shall be paid by the employer to the annuity	52303
and pension reserve fund.	52304

Each disability benefit recipient shall file with the board	52305
an annual statement of earnings, current medical information on	52306
the recipient's condition, and any other information required in	52307
rules adopted by the board. The board may waive the requirement	52308
that a disability benefit recipient file an annual statement of	52309
earnings or current medical information if the board's physician	52310
certifies that the recipient's disability is ongoing.	52311

The board shall annually examine the information submitted by	52312
the recipient. If a disability benefit recipient refuses to file	52313
the statement or information, the disability benefit shall be	52314
suspended until the statement and information are filed. If the	52315
refusal continues for one year, the recipient's right to the	52316
disability benefit shall be terminated as of the effective date of	52317
the original suspension.	52318

A disability benefit also may be terminated by the board at	52319
the request of the disability benefit recipient.	52320

If disability retirement under section 3307.63 of the Revised	52321
Code is terminated for any reason, the annuity and pension	52322
reserves at that time in the annuity and pension reserve fund	52323
shall be transferred to the teachers' savings fund and the	52324
employers' trust fund, respectively. If the total disability	52325
benefit paid was less than the amount of the accumulated	52326
contributions of the member transferred to the annuity and pension	52327
reserve fund at the time of the member's disability retirement,	52328
then the difference shall be transferred from the annuity and	52329
pension reserve fund to another fund as required. In determining	52330
the amount of a member's account following the termination of	52331
disability retirement for any reason, the total amount paid shall	52332
be charged against the member's refundable account.	52333

If a disability allowance paid under section 3307.631 of the	52334
Revised Code is terminated for any reason, the reserve on the	52335
allowance at that time in the annuity and pension reserve fund	52336
shall be transferred from that fund to the employers' trust fund.	52337

If a former disability benefit recipient again becomes a	52338
contributor, other than as an other system retirant under section	52339
3307.35 of the Revised Code, to this retirement system, the school	52340
employees retirement system, or the public employees retirement	52341
system, and completes at least two additional years of service	52342
credit, the former disability benefit recipient shall receive	52343
credit for the period as a disability benefit recipient.	52344

Sec. 3309.22. (A)(1) As used in this division, "personal	52345
history record" means information maintained by the board on an	52346
individual who is a member, former member, contributor, former	52347
contributor, retirant, or beneficiary that includes the address,	52348
telephone number, social security number, record of contributions,	52349
correspondence with the system, and other information the board	52350
determines to be confidential.	52351

(2) The records of the board shall be open to public	52352
inspection, except for the following, which shall be excluded,	52353
except with the written authorization of the individual concerned:	52354

(a) The individual's statement of previous service and other	52355
information as provided for in section 3309.28 of the Revised	52356
Code;	52357

(b) Any information identifying by name and address the	52358
amount of a monthly allowance or benefit paid to the individual;	52359

52360

(B) All medical reports and recommendations required by the	52361
system are privileged except as follows:	52362

(1) Copies of medical reports or recommendations shall be	52363
made available to the personal physician, attorney, or authorized	52364
agent of the individual concerned upon written release received	52365
from the individual or the individual's agent, or when necessary	52366
for the proper administration of the fund, to the board assigned	52367
physician.	52368

(2) Documentation required by section 2929.193 of the Revised	52369
Code shall be provided to a court holding a hearing under that	52370
section.	52371

(C) Any person who is a contributor of the system shall be	52372
furnished, on written request, with a statement of the amount to	52373
the credit of the person's account. The board need not answer more	52374
than one such request of a person in any one year.	52375

(D) Notwithstanding the exceptions to public inspection in	52376
division (A)(2) of this section, the board may furnish the	52377
following information:	52378

(1) If a member, former member, contributor, former	52379
contributor, or retirant is subject to an order issued under	52380
section 2907.15 of the Revised Code or an order issued under	52381
division (A) or (B) of section 2929.192 of the Revised Code or is	52382
convicted of or pleads guilty to a violation of section 2921.41 of	52383
the Revised Code, on written request of a prosecutor as defined in	52384
section 2935.01 of the Revised Code, the board shall furnish to	52385
the prosecutor the information requested from the individual's	52386
personal history record.	52387

(2) Pursuant to a court or administrative order issued under	52388
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the	52389
Revised Code, the board shall furnish to a court or child support	52390
enforcement agency the information required under that section.	52391

(3) At the written request of any person, the board shall	52392
provide to the person a list of the names and addresses of	52393
members, former members, retirants, contributors, former	52394
contributors, or beneficiaries. The costs of compiling, copying,	52395
and mailing the list shall be paid by such person.	52396

(4) Within fourteen days after receiving from the director of	52397
job and family services a list of the names and social security	52398
numbers of recipients of public assistance pursuant to section	52399
5101.181 of the Revised Code, the board shall inform the auditor	52400
of state of the name, current or most recent employer address, and	52401
social security number of each contributor whose name and social	52402
security number are the same as that of a person whose name or	52403
social security number was submitted by the director. The board	52404
and its employees shall, except for purposes of furnishing the	52405
auditor of state with information required by this section,	52406
preserve the confidentiality of recipients of public assistance in	52407
compliance with ~~division (A) of~~ section 5101.181 of the Revised	52408
Code.	52409

(5) The system shall comply with orders issued under section	52410
3105.87 of the Revised Code.	52411

On the written request of an alternate payee, as defined in	52412
section 3105.80 of the Revised Code, the system shall furnish to	52413
the alternate payee information on the amount and status of any	52414
amounts payable to the alternate payee under an order issued under	52415
section 3105.171 or 3105.65 of the Revised Code.	52416

(6) At the request of any person, the board shall make	52417
available to the person copies of all documents, including	52418
resumes, in the board's possession regarding filling a vacancy of	52419
an employee member or retirant member of the board. The person who	52420
made the request shall pay the cost of compiling, copying, and	52421
mailing the documents. The information described in this division	52422
is a public record.	52423

(7) The system shall provide the notice required by section	52424
3309.673 of the Revised Code to the prosecutor assigned to the	52425
case.	52426

(E) A statement that contains information obtained from the	52427
system's records that is signed by an officer of the retirement	52428
system and to which the system's official seal is affixed, or	52429
copies of the system's records to which the signature and seal are	52430
attached, shall be received as true copies of the system's records	52431
in any court or before any officer of this state.	52432

Sec. 3309.41. (A) A disability benefit recipient shall	52433
retain membership status and shall be considered on leave of	52434
absence from employment during the first five years following the	52435
effective date of a disability benefit, notwithstanding any	52436
contrary provisions in Chapter 124. or 3319. of the Revised Code.	52437

(B) The school employees retirement board shall require a	52438
disability benefit recipient to undergo an annual medical	52439
examination, except that the board may waive the medical	52440
examination if the board's physician or physicians certify that	52441
the recipient's disability is ongoing. Should any disability	52442
benefit recipient refuse to submit to a medical examination, the	52443
recipient's disability benefit shall be suspended until withdrawal	52444
of the refusal. Should the refusal continue for one year, all the	52445
recipient's rights in and to the disability benefit shall be	52446
terminated as of the effective date of the original suspension.	52447

(C) On completion of the examination by an examining	52448
physician or physicians selected by the board, the physician or	52449
physicians shall report and certify to the board whether the	52450
disability benefit recipient is no longer physically and mentally	52451
incapable of resuming the service from which the recipient was	52452
found disabled. If the board concurs in the report that the	52453
disability benefit recipient is no longer incapable, the payment	52454
of the disability benefit shall be terminated not later than three	52455
months after the date of the board's concurrence or upon	52456
employment as an employee. If the leave of absence has not	52457
expired, the retirement board shall certify to the disability	52458
benefit recipient's last employer before being found disabled that	52459
the recipient is no longer physically and mentally incapable of	52460
resuming service that is the same or similar to that from which	52461
the recipient was found disabled. The employer shall restore the	52462
recipient to the recipient's previous position and salary or to a	52463
position and salary similar thereto not later than the first day	52464
of the first month following termination of the disability	52465
benefit, unless the recipient was dismissed or resigned in lieu of	52466
dismissal for dishonesty, misfeasance, malfeasance, or conviction	52467
of a felony.	52468

(D) Each disability benefit recipient shall file with the	52469
board an annual statement of earnings, current medical information	52470
on the recipient's condition, and any other information required	52471
in rules adopted by the board. The board may waive the requirement	52472
that a disability benefit recipient file an annual statement of	52473
earnings or current medical information on the recipient's	52474
condition if the board's physician or physicians certify that the	52475
recipient's disability is ongoing.	52476

The board shall annually examine the information submitted by	52477
the recipient. If a disability benefit recipient refuses to file	52478
the statement or information, the disability benefit shall be	52479
suspended until the statement and information are filed. If the	52480
refusal continues for one year, the recipient's right to the	52481
disability benefit shall be terminated as of the effective date of	52482
the original suspension.	52483

(E) If a disability benefit recipient is employed by an	52484
employer covered by this chapter, the recipient's disability	52485
benefit shall cease.	52486

(F) If disability retirement under section 3309.40 of the	52487
Revised Code is terminated for any reason, the annuity and pension	52488
reserves at that time in the annuity and pension reserve fund	52489
shall be transferred to the employees' savings fund and the	52490
employers' trust fund, respectively. If the total disability	52491
benefit paid is less than the amount of the accumulated	52492
contributions of the member transferred into the annuity and	52493
pension reserve fund at the time of the member's disability	52494
retirement, the difference shall be transferred from the annuity	52495
and pension reserve fund to another fund as may be required. In	52496
determining the amount of a member's account following the	52497
termination of disability retirement for any reason, the amount	52498
paid shall be charged against the member's refundable account.	52499

If a disability allowance paid under section 3309.401 of the	52500
Revised Code is terminated for any reason, the reserve on the	52501
allowance at that time in the annuity and pension reserve fund	52502
shall be transferred from that fund to the employers' trust fund.	52503

The board may terminate a disability benefit at the request	52504
of the recipient.	52505

(G) If a disability benefit is terminated and a former	52506
disability benefit recipient again becomes a contributor, other	52507
than as an other system retirant as defined in section 3309.341 of	52508
the Revised Code, to this system, the public employees retirement	52509
system, or the state teachers retirement system, and completes an	52510
additional two years of service credit after the termination of	52511
the disability benefit, the former disability benefit recipient	52512
shall be entitled to full service credit for the period as a	52513
disability benefit recipient.	52514

(H) If any employer employs any member who is receiving a	52515
disability benefit, the employer shall file notice of employment	52516
with the retirement board, designating the date of employment. In	52517
case the notice is not filed, the total amount of the benefit paid	52518
during the period of employment prior to notice shall be paid from	52519
amounts allocated under ~~Chapters 3306. and~~Chapter 3317. of the	52520
Revised Code prior to its distribution to the school district in	52521
which the disability benefit recipient was so employed.	52522

Sec. 3309.48. Any employee who left the service of an	52523
employer after attaining age sixty-five or over and such employer	52524
had failed or refused to deduct and transmit to the school	52525
employees retirement system the employee contributions as required	52526
by section 3309.47 of the Revised Code during any year for which	52527
membership was compulsory as determined by the school employees	52528
retirement board, shall be granted service credit without cost,	52529
which shall be considered as total service credit for the purposes	52530
of meeting the qualifications for service retirement provided by	52531
the law in effect on and retroactive to the first eligible	52532
retirement date following the date such employment terminated, but	52533
shall not be paid until formal application for such allowance on a	52534
form provided by the retirement board is received in the office of	52535
the retirement system. The total service credit granted under this	52536
section shall not exceed ten years for any such employee.	52537

The liability incurred by the retirement board because of the	52538
service credit granted under this section shall be determined by	52539
the retirement board, the cost of which shall be equal to an	52540
amount that is determined by applying the combined employee and	52541
employer rates of contribution against the compensation of such	52542
employee at the rates of contribution and maximum salary	52543
provisions in effect during such employment for each year for	52544
which credit is granted, together with interest at the rate to be	52545
credited accumulated contributions at retirement, compounded	52546
annually from the first day of the month payment was due the	52547
retirement system to and including the month of deposit, the total	52548
amount of which shall be collected from the employer. Such amounts	52549
shall be certified by the retirement board to the superintendent	52550
of public instruction, who shall deduct the amount due the system	52551
from any funds due the affected school district under ~~Chapters~~	52552
~~3306. and~~Chapter 3317. of the Revised Code. The superintendent	52553
shall certify to the director of budget and management the amount	52554
due the system for payment. The total amount paid shall be	52555
deposited into the employers' trust fund, and shall not be	52556
considered as accumulated contributions of the employee in the	52557
event of the employee's death or withdrawal of funds.	52558

Sec. 3309.51. (A) Each employer shall pay annually into the	52559
employers' trust fund, in such monthly or less frequent	52560
installments as the school employees retirement board requires, an	52561
amount certified by the school employees retirement board, which	52562
shall be as required by Chapter 3309. of the Revised Code.	52563

Payments by school district boards of education to the	52564
employers' trust fund of the school employees retirement system	52565
may be made from the amounts allocated under ~~Chapters 3306. and~~	52566
Chapter 3317. of the Revised Code prior to their distribution to	52567
the individual school districts. The amount due from each school	52568
district may be certified by the secretary of the system to the	52569
superintendent of public instruction monthly, or at such times as	52570
is determined by the school employees retirement board.	52571

Payments by governing authorities of community schools to the	52572
employers' trust fund of the school employees retirement system	52573
shall be made from the amounts allocated under section 3314.08 of	52574
the Revised Code prior to their distribution to the individual	52575
community schools. The amount due from each community school shall	52576
be certified by the secretary of the system to the superintendent	52577
of public instruction monthly, or at such times as determined by	52578
the school employees retirement board.	52579

Payments by a science, technology, engineering, and	52580
mathematics school to the employers' trust fund of the school	52581
employees retirement system shall be made from the amounts	52582
allocated under section 3326.33 of the Revised Code prior to their	52583
distribution to the school. The amount due from a science,	52584
technology, engineering, and mathematics school shall be certified	52585
by the secretary of the school employees retirement system to the	52586
superintendent of public instruction monthly, or at such times as	52587
determined by the school employees retirement board.	52588

(B) The superintendent shall deduct from the amount allocated	52589
to each community school under section 3314.08 of the Revised	52590
Code, to each school district under ~~Chapters 3306. and~~Chapter	52591
3317. of the Revised Code, or to each science, technology,	52592
engineering, and mathematics school under section 3326.33 of the	52593
Revised Code the entire amounts due to the school employees	52594
retirement system from such school or school district upon the	52595
certification to the superintendent by the secretary thereof.	52596

(C) Where an employer fails or has failed or refuses to make	52597
payments to the employers' trust fund, as provided for under	52598
Chapter 3309. of the Revised Code, the secretary of the school	52599
employees retirement system may certify to the state	52600
superintendent of public instruction, monthly or at such times as	52601
is determined by the school employees retirement board, the amount	52602
due from such employer, and the superintendent shall deduct from	52603
the amount allocated to the employer under section 3314.08 or	52604
3326.33 or Chapter ~~3306. or~~ 3317. of the Revised Code, as	52605
applicable, the entire amounts due to the system from the employer	52606
upon the certification to the superintendent by the secretary of	52607
the school employees retirement system.	52608

(D) The superintendent shall certify to the director of	52609
budget and management the amounts thus due the system for payment.	52610

Sec. 3309.66. The right of an individual to a pension, an	52611
annuity, or a retirement allowance itself, the right of an	52612
individual to any optional benefit, any other right accrued or	52613
accruing to any individual under this chapter, the various funds	52614
created by section 3309.60 of the Revised Code, and all moneys,	52615
investments, and income from moneys and investments are exempt	52616
from any state tax, except the tax imposed by section 5747.02 of	52617
the Revised Code, and are exempt from any county, municipal, or	52618
other local tax, except income taxes imposed pursuant to section	52619
5748.02 or, 5748.08, or 5748.09 of the Revised Code, and, except	52620
as provided in sections 3105.171, 3105.65, 3115.32, 3119.80,	52621
3119.81, 3121.02, 3121.03, 3123.06, 3309.67, 3309.672, and	52622
3309.673 of the Revised Code, shall not be subject to execution,	52623
garnishment, attachment, the operation of bankruptcy or insolvency	52624
laws, or any other process of law whatsoever, and shall be	52625
unassignable except as specifically provided in this chapter and	52626
in sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 3121.02,	52627
3121.03, and 3123.06 of the Revised Code.	52628

Sec. 3310.02. (A) The educational choice scholarship pilot	52629
program is hereby established. Under the program, the department	52630
of education annually shall pay scholarships to attend chartered	52631
nonpublic schools in accordance with section 3310.08 of the	52632
Revised Code for up to ~~fourteen thousand~~the following number of	52633
eligible students:	52634

(1) Thirty thousand in the 2011-2012 school year;

52635

(2) Sixty thousand in the 2012-2013 school year and	52636
thereafter. If	52637

(B) If the number of students who apply for a scholarship	52638
exceeds ~~fourteen thousand~~the number of scholarships available	52639
under division (A) of this section for the applicable school year,	52640
the department shall award scholarships in the following order of	52641
priority:	52642

~~(A)~~(1) First, to eligible students who received scholarships	52643
in the prior school year;	52644

~~(B)~~(2) Second, to eligible students with family incomes at or	52645
below two hundred per cent of the federal poverty guidelines, as	52646
defined in section 5101.46 of the Revised Code, who qualify under	52647
division (A) of section 3310.03 of the Revised Code. If the number	52648
of students described in ~~this~~ division (B)(2) of this section who	52649
apply for a scholarship exceeds the number of available	52650
scholarships after awards are made under division ~~(A)~~(B)(1) of	52651
this section, the department shall select students described in	52652
~~this~~ division (B)(2) of this section by lot to receive any	52653
remaining scholarships.	52654

~~(C)~~(3) Third, to other eligible students who qualify under	52655
division (A) of section 3310.03 of the Revised Code. If the number	52656
of students described in ~~this~~ division (B)(3) of this section who	52657
apply for a scholarship exceeds the number of available	52658
scholarships after awards are made under divisions ~~(A)~~(B)(1) and	52659
~~(B)~~(2) of this section, the department shall select students	52660
described in ~~this~~ division (B)(3) of this section by lot to	52661
receive any remaining scholarships.	52662

(4) Fourth, to eligible students with family incomes at or	52663
below two hundred per cent of the federal poverty guidelines who	52664
qualify under division (B) of section 3310.03 of the Revised Code.	52665
If the number of students described in division (B)(4) of this	52666
section who apply for a scholarship exceeds the number of	52667
available scholarships after awards are made under divisions	52668
(B)(1) to (3) of this section, the department shall select	52669
students described in division (B)(4) of this section by lot to	52670
receive any remaining scholarships.	52671

(5) Fifth, to other eligible students who qualify under	52672
division (B) of section 3310.03 of the Revised Code. If the number	52673
of students described in division (B)(5) of this section who apply	52674
for a scholarship exceeds the number of available scholarships	52675
after awards are made under divisions (B)(1) to (4) of this	52676
section, the department shall select students described in	52677
division (B)(5) of this section by lot to receive any remaining	52678
scholarships.	52679

Sec. 3310.03. ~~(A)~~ A student is an "eligible student" for	52680
purposes of the educational choice scholarship pilot program if	52681
the student's resident district is not a school district in which	52682
the pilot project scholarship program is operating under sections	52683
3313.974 to 3313.979 of the Revised Code and the student satisfies	52684
one of the ~~following~~ conditions in division (A) or (B) of this	52685
section:	52686

(A)(1) The student is enrolled in a school building that is	52687
operated by the student's resident district and to which both of	52688
the following apply:	52689

(a) The building was declared, in at least two of the three	52690
most recent ratings of school buildings published prior to the	52691
first day of July of the school year for which a scholarship is	52692
sought, to be in a state of academic emergency or academic watch	52693
under section 3302.03 of the Revised Code;	52694

(b) The building was not declared to be excellent or	52695
effective under that section in the most recent rating published	52696
prior to the first day of July of the school year for which a	52697
scholarship is sought.	52698

(2) The student is eligible to enroll in kindergarten in the	52699
school year for which a scholarship is sought and otherwise would	52700
be assigned under section 3319.01 of the Revised Code to a school	52701
building described in division (A)(1) of this section.	52702

(3) The student is enrolled in a community school established	52703
under Chapter 3314. of the Revised Code but otherwise would be	52704
assigned under section 3319.01 of the Revised Code to a building	52705
described in division (A)(1) of this section.	52706

(4) The student is enrolled in a school building that is	52707
operated by the student's resident district or in a community	52708
school established under Chapter 3314. of the Revised Code and	52709
otherwise would be assigned under section 3319.01 of the Revised	52710
Code to a school building described in division (A)(1) of this	52711
section in the school year for which the scholarship is sought.	52712

(5) The student is eligible to enroll in kindergarten in the	52713
school year for which a scholarship is sought, or is enrolled in a	52714
community school established under Chapter 3314. of the Revised	52715
Code, and all of the following apply to the student's resident	52716
district:	52717

(a) The district has in force an intradistrict open	52718
enrollment policy under which no student in kindergarten or the	52719
community school student's grade level, respectively, is	52720
automatically assigned to a particular school building;	52721

(b) In at least two of the three most recent ratings of	52722
school districts published prior to the first day of July of the	52723
school year for which a scholarship is sought, the district was	52724
declared to be in a state of academic emergency under section	52725
3302.03 of the Revised Code;	52726

(c) The district was not declared to be excellent or	52727
effective under that section in the most recent rating published	52728
prior to the first day of July of the school year for which a	52729
scholarship is sought.	52730

(B)(1) The student is enrolled in a school building that is	52731
operated by the student's resident district and to which both of	52732
the following apply:	52733

(a) The building was ranked, for at least two of the three	52734
most recent rankings published under section 3302.21 of the	52735
Revised Code prior to the first day of July of the school year for	52736
which a scholarship is sought, in the lowest ten per cent of	52737
school district buildings according to performance index score.	52738

(b) The building was not declared to be excellent or	52739
effective under section 3302.03 of the Revised Code in the most	52740
recent rating published prior to the first day of July of the	52741
school year for which a scholarship is sought.	52742

(2) The student is eligible to enroll in kindergarten in the	52743
school year for which a scholarship is sought and otherwise would	52744
be assigned under section 3319.01 of the Revised Code to a school	52745
building described in division (B)(1) of this section.	52746

(3) The student is enrolled in a community school established	52747
under Chapter 3314. of the Revised Code but otherwise would be	52748
assigned under section 3319.01 of the Revised Code to a building	52749
described in division (B)(1) of this section.	52750

(4) The student is enrolled in a school building that is	52751
operated by the student's resident district or in a community	52752
school established under Chapter 3314. of the Revised Code and	52753
otherwise would be assigned under section 3319.01 of the Revised	52754
Code to a school building described in division (B)(1) of this	52755
section in the school year for which the scholarship is sought.	52756

(C) A student who receives a scholarship under the	52757
educational choice scholarship pilot program remains an eligible	52758
student and may continue to receive scholarships in subsequent	52759
school years until the student completes grade twelve, so long as	52760
all of the following apply:	52761

(1) The student's resident district remains the same, or the	52762
student transfers to a new resident district and otherwise would	52763
be assigned in the new resident district to a school building	52764
described in division (A)(1) or ~~(6)~~(B)(1) of this section;	52765

(2) The student takes each assessment prescribed for the	52766
student's grade level under section 3301.0710 or 3301.0712 of the	52767
Revised Code while enrolled in a chartered nonpublic school;	52768

(3) In each school year that the student is enrolled in a	52769
chartered nonpublic school, the student is absent from school for	52770
not more than twenty days that the school is open for instruction,	52771
not including excused absences.	52772

~~(C)~~(D)(1) The department shall cease awarding first-time	52773
scholarships pursuant to divisions (A)(1) to (4) of this section	52774
with respect to a school building that, in the most recent ratings	52775
of school buildings published under section 3302.03 of the Revised	52776
Code prior to the first day of July of the school year, ceases to	52777
meet the criteria in division (A)(1) of this section. The	52778
department shall cease awarding first-time scholarships pursuant	52779
to division (A)(5) of this section with respect to a school	52780
district that, in the most recent ratings of school districts	52781
published under section 3302.03 of the Revised Code prior to the	52782
first day of July of the school year, ceases to meet the criteria	52783
in division (A)(5) of this section. ~~However~~	52784

(2) The department shall cease awarding first-time	52785
scholarships pursuant to divisions (B)(1) to (4) of this section	52786
with respect to a school building that, in the most recent ratings	52787
of school buildings under section 3302.03 of the Revised Code	52788
prior to the first day of July of the school year, ceases to meet	52789
the criteria in division (B)(1) of this section.	52790

(3) However, students who have received scholarships in the	52791
prior school year remain eligible students pursuant to division	52792
~~(B)~~(C) of this section.	52793

~~(D)~~(E) The state board of education shall adopt rules	52794
defining excused absences for purposes of division ~~(B)~~(C)(3) of	52795
this section.	52796

Sec. 3310.05. A scholarship under the educational choice	52797
scholarship pilot program is not available for any student whose	52798
resident district is a school district in which the pilot project	52799
scholarship program is operating under sections 3313.974 to	52800
3313.979 of the Revised Code. The two pilot programs are separate	52801
and distinct~~. The general assembly has prescribed separate~~	52802
~~scholarship amounts for the two pilot programs in recognition of~~	52803
~~their~~, with differing eligibility criteria. The pilot project	52804
scholarship program operating under sections 3313.974 to 3313.979	52805
of the Revised Code is a district-wide program that may award	52806
scholarships to students who do not attend district schools that	52807
face academic challenges, whereas the educational choice	52808
scholarship pilot program established under sections 3310.01 to	52809
3310.17 of the Revised Code is limited to students of individual	52810
district school buildings that face academic challenges.	52811

Sec. 3310.08. (A) The amount paid for an eligible student	52812
under the educational choice scholarship pilot program shall be	52813
the lesser of the tuition of the chartered nonpublic school in	52814
which the student is enrolled or the maximum amount prescribed in	52815
section 3310.09 of the Revised Code.	52816

(B)(1) The department shall pay to the parent of each	52817
eligible student for whom a scholarship is awarded under the	52818
program, or to the student if at least eighteen years of age,	52819
periodic partial payments of the scholarship.	52820

(2) The department shall proportionately reduce or terminate	52821
the payments for any student who withdraws from a chartered	52822
nonpublic school prior to the end of the school year.	52823

(C)(1) The department shall deduct ~~five thousand two hundred~~	52824
~~dollars~~ from the payments made to each school district under	52825
~~Chapters 3306. and~~Chapter 3317., and, if necessary, sections	52826
321.24 and 323.156 of the Revised Code, the amount paid under	52827
division (B) of this section for each eligible student awarded a	52828
scholarship under the ~~educational choice scholarship pilot~~ program	52829
who is entitled under section 3313.64 or 3313.65 of the Revised	52830
Code to attend school in the district.	52831

~~The amount deducted under division (C)(1) of this section~~	52832
~~funds scholarships for students under both the educational choice~~	52833
~~scholarship pilot program and the pilot project scholarship~~	52834
~~program under sections 3313.974 to 3313.979 of the Revised Code.~~	52835

(2) If the department reduces or terminates payments to a	52836
parent or a student, as prescribed in division (B)(2) of this	52837
section, and the student enrolls in the schools of the student's	52838
resident district or in a community school, established under	52839
Chapter 3314. of the Revised Code, before the end of the school	52840
year, the department shall proportionally restore to the resident	52841
district the amount deducted for that student under division	52842
(C)(1) of this section.	52843

~~(D) In the case of any school district from which a deduction~~	52844
~~is made under division (C) of this section, the department shall~~	52845
~~disclose on the district's SF-3 form, or any successor to that~~	52846
~~form used to calculate a district's state funding for operating~~	52847
~~expenses, a comparison of the following:~~	52848

~~(1) The district's state share of the adequacy amount~~	52849
~~payment, as calculated under section 3306.13 of the Revised Code~~	52850
~~with the scholarship students included in the district's formula~~	52851
~~ADM;~~	52852

~~(2) What the district's state share of the adequacy amount~~	52853
~~payment would have been, as calculated under that section if the~~	52854
~~scholarship students were not included in the district's formula~~	52855
~~ADM.~~	52856

~~This comparison shall display both the aggregate difference~~	52857
~~between the amounts described in divisions (D)(1) and (2) of this~~	52858
~~section, and the quotient of that aggregate difference divided by~~	52859
~~the number of eligible students for whom deductions are made under~~	52860
~~division (C) of this section.~~	52861

Sec. 3310.41. (A) As used in this section:

52862

(1) "Alternative public provider" means either of the	52863
following providers that agrees to enroll a child in the	52864
provider's special education program to implement the child's	52865
individualized education program and to which the child's parent	52866
owes fees for the services provided to the child:	52867

(a) A school district that is not the school district in	52868
which the child is entitled to attend school;	52869

(b) A public entity other than a school district.

52870

(2) "Entitled to attend school" means entitled to attend	52871
school in a school district under section 3313.64 or 3313.65 of	52872
the Revised Code.	52873

(3) "Formula ADM" and "category six special education ADM"	52874
have the same meanings as in section 3317.02 of the Revised Code.	52875

(4) "Preschool child with a disability" and "individualized	52876
education program" have the same meanings as in section 3323.01 of	52877
the Revised Code.	52878

(5) "Parent" has the same meaning as in section 3313.64 of	52879
the Revised Code, except that "parent" does not mean a parent	52880
whose custodial rights have been terminated.	52881

(6) "Preschool scholarship ADM" means the number of preschool	52882
children with disabilities reported under division (B)(3)(h) of	52883
section 3317.03 of the Revised Code.	52884

(7) "Qualified special education child" is a child for whom	52885
all of the following conditions apply:	52886

(a) The school district in which the child is entitled to	52887
attend school has identified the child as autistic. A child who	52888
has been identified as having a "pervasive developmental disorder	52889
- not otherwise specified (PPD-NOS)" shall be considered to be an	52890
autistic child for purposes of this section.	52891

(b) The school district in which the child is entitled to	52892
attend school has developed an individualized education program	52893
under Chapter 3323. of the Revised Code for the child.	52894

52895

(i) Was enrolled in the school district in which the child is	52896
entitled to attend school in any grade from preschool through	52897
twelve in the school year prior to the year in which a scholarship	52898
under this section is first sought for the child; or	52899

(ii) Is eligible to enter school in any grade preschool	52900
through twelve in the school district in which the child is	52901
entitled to attend school in the school year in which a	52902
scholarship under this section is first sought for the child.	52903

(8) "Registered private provider" means a nonpublic school or	52904
other nonpublic entity that has been approved by the department of	52905
education to participate in the program established under this	52906
section.	52907

(9) "Special education program" means a school or facility	52908
that provides special education and related services to children	52909
with disabilities.	52910

(B) There is hereby established the autism scholarship	52911
program. Under the program, the department of education shall pay	52912
a scholarship to the parent of each qualified special education	52913
child upon application of that parent pursuant to procedures and	52914
deadlines established by rule of the state board of education.	52915
Each scholarship shall be used only to pay tuition for the child	52916
on whose behalf the scholarship is awarded to attend a special	52917
education program that implements the child's individualized	52918
education program and that is operated by an alternative public	52919
provider or by a registered private provider. Each scholarship	52920
shall be in an amount not to exceed the lesser of the tuition	52921
charged for the child by the special education program or twenty	52922
thousand dollars. The purpose of the scholarship is to permit the	52923
parent of a qualified special education child the choice to send	52924
the child to a special education program, instead of the one	52925
operated by or for the school district in which the child is	52926
entitled to attend school, to receive the services prescribed in	52927
the child's individualized education program once the	52928
individualized education program is finalized. AThe services	52929
provided under the scholarship shall include an educational	52930
component.	52931

A scholarship under this section shall not be awarded to the	52932
parent of a child while the child's individualized education	52933
program is being developed by the school district in which the	52934
child is entitled to attend school, or while any administrative or	52935
judicial mediation or proceedings with respect to the content of	52936
the child's individualized education program are pending. A	52937
scholarship under this section shall not be used for a child to	52938
attend a public special education program that operates under a	52939
contract, compact, or other bilateral agreement between the school	52940
district in which the child is entitled to attend school and	52941
another school district or other public provider, or for a child	52942
to attend a community school established under Chapter 3314. of	52943
the Revised Code. However, nothing in this section or in any rule	52944
adopted by the state board shall prohibit a parent whose child	52945
attends a public special education program under a contract,	52946
compact, or other bilateral agreement, or a parent whose child	52947
attends a community school, from applying for and accepting a	52948
scholarship under this section so that the parent may withdraw the	52949
child from that program or community school and use the	52950
scholarship for the child to attend a special education program	52951
for which the parent is required to pay for services for the	52952
child. A	52953

A child attending a special education program with a	52954
scholarship under this section shall continue to be entitled to	52955
transportation to and from that program in the manner prescribed	52956
by law.	52957

(C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and	52958
(B)(10) of section 3317.03 of the Revised Code, a child who is not	52959
a preschool child with a disability for whom a scholarship is	52960
awarded under this section shall be counted in the formula ADM and	52961
the category six special education ADM of the district in which	52962
the child is entitled to attend school and not in the formula ADM	52963
and the category six special education ADM of any other school	52964
district. As prescribed in divisions (B)(3)(h) and (B)(10) of	52965
section 3317.03 of the Revised Code, a child who is a preschool	52966
child with a disability for whom a scholarship is awarded under	52967
this section shall be counted in the preschool scholarship ADM and	52968
category six special education ADM of the school district in which	52969
the child is entitled to attend school and not in the preschool	52970
scholarship ADM or category six special education ADM of any other	52971
school district.	52972

(2) In each fiscal year, the department shall deduct from the	52973
amounts paid to each school district under ~~Chapters 3306. and~~	52974
Chapter 3317. of the Revised Code, and, if necessary, sections	52975
321.24 and 323.156 of the Revised Code, the aggregate amount of	52976
scholarships awarded under this section for qualified special	52977
education children included in the formula ADM, or preschool	52978
scholarship ADM, and in the category six special education ADM of	52979
that school district as provided in division (C)(1) of this	52980
section. ~~When computing the school district's instructional~~	52981
~~services support under section 3306.05 of the Revised Code, the~~	52982
~~department shall add the district's preschool scholarship ADM to~~	52983
~~the district's formula ADM.~~	52984

The scholarships deducted shall be considered as an approved	52985
special education and related services expense of the school	52986
district.	52987

(3) From time to time, the department shall make a payment to	52988
the parent of each qualified special education child for whom a	52989
scholarship has been awarded under this section. The scholarship	52990
amount shall be proportionately reduced in the case of any such	52991
child who is not enrolled in the special education program for	52992
which a scholarship was awarded under this section for the entire	52993
school year. The department shall make no payments to the parent	52994
of a child while any administrative or judicial mediation or	52995
proceedings with respect to the content of the child's	52996
individualized education program are pending.	52997

(D) A scholarship shall not be paid to a parent for payment	52998
of tuition owed to a nonpublic entity unless that entity is a	52999
registered private provider. The department shall approve entities	53000
that meet the standards established by rule of the state board for	53001
the program established under this section.	53002

(E) The state board shall adopt rules under Chapter 119. of	53003
the Revised Code prescribing procedures necessary to implement	53004
this section, including, but not limited to, procedures and	53005
deadlines for parents to apply for scholarships, standards for	53006
registered private providers, and procedures for approval of	53007
entities as registered private providers.	53008

Sec. 3310.51. As used in sections 3310.51 to 3310.64 of the	53009
Revised Code:	53010

(A) "Alternative public provider" means either of the	53011
following providers that agrees to enroll a child in the	53012
provider's special education program to implement the child's	53013
individualized education program and to which the eligible	53014
applicant owes fees for the services provided to the child:	53015

(1) A school district that is not the school district in	53016
which the child is entitled to attend school or the child's school	53017
district of residence, if different;	53018

(2) A public entity other than a school district.

53019

(B) "Child with a disability" and "individualized education	53020
program" have the same meanings as in section 3323.01 of the	53021
Revised Code.	53022

53023

(1) Either of the natural or adoptive parents of a qualified	53024
special education child, except as otherwise specified in this	53025
division. When the marriage of the natural or adoptive parents of	53026
the student has been terminated by a divorce, dissolution of	53027
marriage, or annulment, or when the natural or adoptive parents of	53028
the student are living separate and apart under a legal separation	53029
decree, and a court has issued an order allocating the parental	53030
rights and responsibilities with respect to the child, "eligible	53031
applicant" means the residential parent as designated by the	53032
court. If the court issues a shared parenting decree, "eligible	53033
applicant" means either parent. "Eligible applicant" does not mean	53034
a parent whose custodial rights have been terminated.	53035

(2) The custodian of a qualified special education child,	53036
when a court has granted temporary, legal, or permanent custody of	53037
the child to an individual other than either of the natural or	53038
adoptive parents of the child or to a government agency;	53039

(3) The guardian of a qualified special education child, when	53040
a court has appointed a guardian for the child;	53041

(4) The grandparent of a qualified special education child,	53042
when the grandparent is the child's attorney in fact under a power	53043
of attorney executed under sections 3109.51 to 3109.62 of the	53044
Revised Code or when the grandparent has executed a caregiver	53045
authorization affidavit under sections 3109.65 to 3109.73 of the	53046
Revised Code;	53047

(5) The surrogate parent appointed for a qualified special	53048
education child pursuant to division (B) of section 3323.05 and	53049
section 3323.051 of the Revised Code;	53050

(6) A qualified special education child, if the child does	53051
not have a custodian or guardian and the child is at least	53052
eighteen years of age.	53053

(D) "Entitled to attend school" means entitled to attend	53054
school in a school district under sections 3313.64 and 3313.65 of	53055
the Revised Code.	53056

(E) "Formula ADM" and "formula amount" have the same meanings	53057
as in section 3317.02 of the Revised Code.	53058

(F) "Qualified special education child" is a child for whom	53059
all of the following conditions apply:	53060

(1) The child is at least five years of age and less than	53061
twenty-two years of age.	53062

(2) The school district in which the child is entitled to	53063
attend school, or the child's school district of residence if	53064
different, has identified the child as a child with a disability.	53065

(3) The school district in which the child is entitled to	53066
attend school, or the child's school district of residence if	53067
different, has developed an individualized education program under	53068
Chapter 3323. of the Revised Code for the child.	53069

(4) The child either:

53070

(a) Was enrolled in the schools of the school district in	53071
which the child is entitled to attend school in any grade from	53072
kindergarten through twelve in the school year prior to the school	53073
year in which a scholarship is first sought for the child;	53074

(b) Is eligible to enter school in any grade kindergarten	53075
through twelve in the school district in which the child is	53076
entitled to attend school in the school year in which a	53077
scholarship is first sought for the child.	53078

(5) The department of education has not approved a	53079
scholarship for the child under the educational choice scholarship	53080
pilot program, under sections 3310.01 to 3310.17 of the Revised	53081
Code, or the autism scholarship program, under section 3310.41 of	53082
the Revised Code, for the same school year in which a scholarship	53083
under the Jon Peterson special needs scholarship program is	53084
sought.	53085

(6) The child and the child's parents are in compliance with	53086
the state compulsory attendance law under Chapter 3321. of the	53087
Revised Code.	53088

(G) "Registered private provider" means a nonpublic school or	53089
other nonpublic entity that has been registered by the	53090
superintendent of public instruction under section 3310.58 of the	53091
Revised Code.	53092

(H) "Scholarship" means a scholarship awarded under the Jon	53093
Peterson special needs scholarship program pursuant to sections	53094
3310.51 to 3310.64 of the Revised Code.	53095

(I) "School district of residence" has the same meaning as in	53096
section 3323.01 of the Revised Code. A community school	53097
established under Chapter 3314. of the Revised Code is not a	53098
"school district of residence" for purposes of sections 3310.51 to	53099
3310.64 of the Revised Code.	53100

(J) "School year" has the same meaning as in section 3313.62	53101
of the Revised Code.	53102

(K) "Special education program" means a school or facility	53103
that provides special education and related services to children	53104
with disabilities.	53105

Sec. 3310.52. (A) The Jon Peterson special needs scholarship	53106
program is hereby established. Under the program, subject to	53107
division (B) of this section, the department of education annually	53108
shall pay a scholarship to an eligible applicant for services	53109
provided by an alternative public provider or a registered private	53110
provider for a qualified special education child. The scholarship	53111
shall be used only to pay all or part of the fees for the child to	53112
attend the special education program operated by the alternative	53113
public provider or registered private provider to implement the	53114
child's individualized education program, in lieu of the child's	53115
attending the special education program operated by the school	53116
district in which the child is entitled to attend school, and	53117
other services agreed to by the provider and eligible applicant	53118
that are not included in the individualized education program but	53119
are associated with educating the child. Upon agreement with the	53120
eligible applicant, the alternative public provider or registered	53121
private provider may modify the services provided to the child.	53122

(B) The number of scholarships awarded under the program in	53123
any fiscal year shall not exceed five per cent of the total number	53124
of students residing in the state identified as children with	53125
disabilities during the previous fiscal year.	53126

(C) No scholarship or renewal of a scholarship shall be	53127
awarded to an eligible applicant on behalf of a qualified special	53128
education child for the next school year, unless on or before the	53129
application deadline the eligible applicant completes the	53130
application for the scholarship or renewal, in the manner	53131
prescribed by the department, and notifies the school district in	53132
which the child is entitled to attend school that the eligible	53133
applicant has applied for the scholarship or renewal.	53134

The application deadline for academic terms that begin	53135
between the first day of July and the thirty-first day of December	53136
shall be the fifteenth day of April that precedes the first day of	53137
instruction. The application deadline for academic terms that	53138
begin between the first day of January and the thirtieth day of	53139
June shall be the fifteenth day of November that precedes the	53140
first day of instruction.	53141

Sec. 3310.521. (A) As a condition of receiving payments for a	53142
scholarship, each eligible applicant shall attest to receipt of	53143
the profile prescribed by division (B) of this section. Such	53144
attestation shall be made and submitted to the department of	53145
education in the form and manner as required by the department.	53146

(B) The alternative public provider or registered private	53147
provider that enrolls a qualified special education child shall	53148
submit in writing to the eligible applicant to whom a scholarship	53149
is awarded on behalf of that child a profile of the provider's	53150
special education program, in a form as prescribed by the	53151
department, that shall contain the following:	53152

(1) Methods of instruction that will be utilized by the	53153
provider to provide services to the qualified special education	53154
child;	53155

(2) Qualifications of teachers, instructors, and other	53156
persons who will be engaged by the provider to provide services to	53157
the qualified special education child.	53158

Sec. 3310.53. (A) Except for development of the child's	53159
individualized education program, as specified in division (B) of	53160
this section, the school district in which a qualified special	53161
education child is entitled to attend school and the child's	53162
school district of residence, if different, are not obligated to	53163
provide the child with a free appropriate public education under	53164
Chapter 3323. of the Revised Code for as long as the child	53165
continues to attend the special education program operated by	53166
either an alternative public provider or a registered private	53167
provider for which a scholarship is awarded under the Jon Peterson	53168
special needs scholarship program. If at any time, the eligible	53169
applicant for the child decides no longer to accept scholarship	53170
payments and enrolls the child in the special education program of	53171
the school district in which the child is entitled to attend	53172
school, that district shall provide the child with a free	53173
appropriate public education under Chapter 3323. of the Revised	53174
Code.	53175

(B) Each eligible applicant and each qualified special	53176
education child have a continuing right to the development of an	53177
individualized education program for the child that complies with	53178
Chapter 3323. of the Revised Code, 20 U.S.C. 1400 et seq., and	53179
administrative rules or guidelines adopted by the Ohio department	53180
of education or the United States department of education. The	53181
school district in which a qualified special education child is	53182
entitled to attend school, or the child's school district of	53183
residence if different, shall develop each individualized	53184
education program for the child in accordance with those	53185
provisions.	53186

(C) Each school district shall notify an eligible applicant	53187
of the applicant's and qualified special education child's rights	53188
under sections 3310.51 to 3310.64 of the Revised Code by providing	53189
to each eligible applicant the comparison document prescribed in	53190
section 3323.052 of the Revised Code. An eligible applicant's	53191
receipt of that document, as acknowledged in a format prescribed	53192
by the department of education, shall constitute notice that the	53193
eligible applicant has been informed of those rights. Upon receipt	53194
of that document, subsequent acceptance of a scholarship	53195
constitutes the eligible applicant's informed consent to the	53196
provisions of sections 3310.51 to 3310.64 of the Revised Code.	53197

Sec. 3310.54. A qualified special education child in any of	53198
grades kindergarten through twelve for whom a scholarship is	53199
awarded under the Jon Peterson special needs scholarship program	53200
shall be counted in the formula ADM and category one through six	53201
special education ADM, as appropriate, of the school district in	53202
which the child is entitled to attend school. A qualified special	53203
education child shall not be counted in the formula ADM or	53204
category one through six special education ADM of any other school	53205
district.	53206

Sec. 3310.55. The department of education shall deduct from	53207
a school district's state education aid, as defined in section	53208
3317.02 of the Revised Code, and if necessary, from its payment	53209
under sections 321.24 and 323.156 of the Revised Code, the	53210
aggregate amount of scholarships paid under section 3310.57 of the	53211
Revised Code for qualified special education children included in	53212
the formula ADM and the category one through six special education	53213
ADM of that school district.	53214

Sec. 3310.56. (A) The amount of the scholarship awarded and	53215
paid to an eligible applicant for services for a qualified special	53216
education child under the Jon Peterson special needs scholarship	53217
program in each school year shall be the least of the amounts	53218
prescribed in divisions (A)(1), (2), or (3) of this section, as	53219
follows:	53220

(1) The amount of fees charged for that school year by the	53221
alternative public provider or registered private provider;	53222

(2) The sum of the amounts calculated under divisions	53223
(A)(2)(a) and (b) of this section:	53224

(a) The sum of the formula amount plus the per pupil amount	53225
of the base funding supplements specified in divisions (C)(1) to	53226
(4) of section 3317.012 of the Revised Code for fiscal year 2009;	53227

(b) The formula amount times the following multiple	53228
prescribed for the child's disability:	53229

(i) For a student in category one, 0.2892;

53230

(ii) For a student in category two, 0.3691;

53231

(iii) For a student in category three, 1.7695;

53232

(iv) For a student in category four, 2.3646;

53233

(v) For a student in category five, 3.1129;

53234

(vi) For a student in category six, 4.7342.

53235

Before applying the multiples specified in divisions	53236
(A)(2)(b)(i) to (vi) of this section, they first shall be adjusted	53237
by multiplying them by 0.80.	53238

(3) Twenty thousand dollars.

53239

(B) As used in division (A)(2)(b) of this section, a child	53240
with a disability is in:	53241

(1) "Category one" if the child's primary or only identified	53242
disability is a speech and language disability, as this term is	53243
defined pursuant to Chapter 3323. of the Revised Code;	53244

(2) "Category two" if the child is identified as specific	53245
learning disabled or developmentally disabled, as these terms are	53246
defined pursuant to Chapter 3323. of the Revised Code, or as	53247
having an other health impairment-minor, as defined in section	53248
3317.02 of the Revised Code;	53249

(3) "Category three" if the child is identified as vision	53250
impaired, hearing disabled, or severe behavior disabled, as these	53251
terms are defined pursuant to Chapter 3323. of the Revised Code;	53252

(4) "Category four" if the child is identified as	53253
orthopedically disabled, as this term is defined pursuant to	53254
Chapter 3323. of the Revised Code, or as having an other health	53255
impairment-major, as defined in section 3317.02 of the Revised	53256
Code;	53257

(5) "Category five" if the child is identified as having	53258
multiple disabilities, as this term is defined pursuant to Chapter	53259
3323. of the Revised Code;	53260

(6) "Category six" if the child is identified as autistic,	53261
having traumatic brain injuries, or both visually and hearing	53262
impaired, as these terms are defined pursuant to Chapter 3323. of	53263
the Revised Code.	53264

Sec. 3310.57. The department of education shall make	53265
periodic payments to an eligible applicant for services for each	53266
qualified special education child for whom a scholarship has been	53267
awarded. The total of all payments made to an applicant in each	53268
school year shall not exceed the amount calculated for the child	53269
under section 3310.56 of the Revised Code.	53270

The department shall proportionately reduce the scholarship	53271
amount in the case of a child who is not enrolled in the special	53272
education program of an alternative public provider or a	53273
registered private provider for the entire school year.	53274

In accordance with division (A) of section 3310.62 of the	53275
Revised Code, the department shall make no payments to an	53276
applicant for a first-time scholarship for a qualified special	53277
education child while any administrative or judicial mediation or	53278
proceedings with respect to the content of the child's	53279
individualized education program are pending.	53280

Sec. 3310.58. No nonpublic school or entity shall receive	53281
payments from an eligible applicant for services for a qualified	53282
special education child under the Jon Peterson special needs	53283
scholarship program until the school or entity registers with the	53284
superintendent of public instruction. The superintendent shall	53285
register and designate as a registered private provider any	53286
nonpublic school or entity that meets the following requirements:	53287

(A) The school or entity complies with the antidiscrimination	53288
provisions of 42 U.S.C. 2000d, regardless of whether the school or	53289
entity receives federal financial assistance.	53290

(B) If the school or entity is not chartered by the state	53291
board under section 3301.16 of the Revised Code, the school or	53292
entity agrees to comply with sections 3319.39, 3319.391, and	53293
3319.392 of the Revised Code as if it were a school district.	53294

(C) The teaching and nonteaching professionals employed by	53295
the school or entity, or employed by any subcontractors of the	53296
school or entity, hold credentials determined by the state board	53297
to be appropriate for the qualified special education children	53298
enrolled in the special education program it operates.	53299

(D) The school's or entity's educational program shall be	53300
approved by the department of education.	53301

(E) The school or entity meets applicable health and safety	53302
standards established by law.	53303

(F) The school or entity agrees to retain on file	53304
documentation as required by the department of education.	53305

(G) The school or entity agrees to provide a record of the	53306
implementation of the individualized education program for each	53307
qualified special education child enrolled in the school's or	53308
entity's special education program, including evaluation of the	53309
child's progress, to the school district in which the child is	53310
entitled to attend school, in the form and manner prescribed by	53311
the department.	53312

(H) The school or entity agrees that, if it declines to	53313
enroll a particular qualified special education child, it will	53314
notify in writing the eligible applicant of its reasons for	53315
declining to enroll the child.	53316

Sec. 3310.59. The superintendent of public instruction shall	53317
revoke the registration of any school or entity if, after a	53318
hearing, the superintendent determines that the school or entity	53319
is in violation of any provision of section 3310.58 of the Revised	53320
Code.	53321

Sec. 3310.60. A qualified special education child attending	53322
a special education program at an alternative public provider or a	53323
registered private provider with a scholarship shall be entitled	53324
to transportation to and from that program in the manner	53325
prescribed by law for any child with a disability attending a	53326
nonpublic special education program.	53327

Sec. 3310.61. An eligible applicant on behalf of a child who	53328
currently attends a public special education program under a	53329
contract, compact, or other bilateral agreement, or on behalf of a	53330
child who currently attends a community school, shall not be	53331
prohibited from applying for and accepting a scholarship so that	53332
the applicant may withdraw the child from that program or	53333
community school and use the scholarship for the child to attend a	53334
special education program operated by an alternative public	53335
provider or a registered private provider.	53336

Sec. 3310.62. (A) A scholarship under the Jon Peterson	53337
special needs scholarship program shall not be awarded for the	53338
first time to an eligible applicant on behalf of a qualified	53339
special education child while the child's individualized education	53340
program is being developed by the school district in which the	53341
child is entitled to attend school, or by the child's school	53342
district of residence if different, or while any administrative or	53343
judicial mediation or proceedings with respect to the content of	53344
that individualized education program are pending.	53345

(B) Development of individualized education programs	53346
subsequent to the one developed for the child the first time a	53347
scholarship was awarded on behalf of the child and the	53348
prosecuting, by the eligible applicant on behalf of the child, of	53349
administrative or judicial mediation or proceedings with respect	53350
to any of those subsequent individualized education programs do	53351
not affect the applicant's and the child's continued eligibility	53352
for scholarship payments.	53353

(C) In the case of any child for whom a scholarship has been	53354
awarded, if the school district in which the child is entitled to	53355
attend school has agreed to provide some services for the child	53356
under an agreement entered into with the eligible applicant or	53357
with the alternative public provider or registered private	53358
provider implementing the child's individualized education	53359
program, or if the district is required by law to provide some	53360
services for the child, including transportation services under	53361
sections 3310.60 and 3327.01 of the Revised Code, the district	53362
shall not discontinue the services it is providing pending	53363
completion of any administrative proceedings regarding those	53364
services. The prosecuting, by the eligible applicant on behalf of	53365
the child, of administrative proceedings regarding the services	53366
provided by the district does not affect the applicant's and the	53367
child's continued eligibility for scholarship payments.	53368

(D) The department of education shall continue to make	53369
payments to the eligible applicant under section 3310.57 of the	53370
Revised Code while either of the following are pending:	53371

(1) Administrative or judicial mediation or proceedings with	53372
respect to a subsequent individualized education program for the	53373
child referred to in division (B) of this section;	53374

(2) Administrative proceedings regarding services provided by	53375
the district under division (C) of this section.	53376

Sec. 3310.63. (A) Only for the purpose of administering the	53377
Jon Peterson special needs scholarship program, the department of	53378
education may request from any of the following entities the data	53379
verification code assigned under division (D)(2) of section	53380
3301.0714 of the Revised Code to any qualified special education	53381
child for whom a scholarship is sought under the program:	53382

(1) The school district in which the child is entitled to	53383
attend school;	53384

(2) If applicable, the community school in which the child is	53385
enrolled;	53386

(3) The independent contractor engaged to create and maintain	53387
data verification codes.	53388

(B) Upon a request by the department under division (A) of	53389
this section for the data verification code of a qualified special	53390
education child or a request by the eligible applicant for the	53391
child for that code, the school district or community school shall	53392
submit that code to the department or applicant in the manner	53393
specified by the department. If the child has not been assigned a	53394
code, because the child will be entering kindergarten during the	53395
school year for which the scholarship is sought, the district	53396
shall assign a code to that child and submit the code to the	53397
department or applicant by a date specified by the department. If	53398
the district does not assign a code to the child by the specified	53399
date, the department shall assign a code to the child.	53400

The department annually shall submit to each school district	53401
the name and data verification code of each child residing in the	53402
district who is entering kindergarten, who has been awarded a	53403
scholarship under the program, and for whom the department has	53404
assigned a code under this division.	53405

(C) The department shall not release any data verification	53406
code that it receives under this section to any person except as	53407
provided by law.	53408

(D) Any document relative to the Jon Peterson special needs	53409
scholarship program that the department holds in its files that	53410
contains both a qualified special education child's name or other	53411
personally identifiable information and the child's data	53412
verification code shall not be a public record under section	53413
149.43 of the Revised Code.	53414

Sec. 3310.64. The state board of education shall adopt rules	53415
in accordance with Chapter 119. of the Revised Code prescribing	53416
procedures necessary to implement sections 3310.51 to 3310.63 of	53417
the Revised Code including, but not limited to, procedures for	53418
parents to apply for scholarships, standards for registered	53419
private providers, and procedures for registration of private	53420
providers.	53421

Sec. 3311.05. (A) The territory within the territorial	53422
limits of a county, or the territory included in a district formed	53423
under ~~either~~ section 3311.053 ~~or 3311.059~~ of the Revised Code,	53424
exclusive of the territory embraced in any city school district or	53425
exempted village school district, and excluding the territory	53426
detached therefrom for school purposes and including the territory	53427
attached thereto for school purposes constitutes an educational	53428
service center.	53429

(B) A county school financing district created under section	53430
3311.50 of the Revised Code is not the school district described	53431
in division (A) of this section or any other school district but	53432
is a taxing district.	53433

Sec. 3311.054. (A) The initial members of any new governing	53434
board of an educational service center established in accordance	53435
with this section shall be all of the members of the governing	53436
boards of the former educational service centers whose territory	53437
comprises the new educational service center. The initial members	53438
of any such governing board shall serve until the first Monday of	53439
January immediately following the first election of governing	53440
board members conducted under division (C) of this section.	53441

Notwithstanding section 3313.11 of the Revised Code, that	53442
section shall not apply to the filling of any vacancy among the	53443
initial members of any governing board established in accordance	53444
with this section. Any such vacancy shall be filled for the	53445
remainder of the term by a majority vote of all the remaining	53446
members of the governing board.	53447

(B) Prior to the next first day of April in an odd-numbered	53448
year that occurs at least ninety days after the date on which any	53449
new governing board of an educational service center is initially	53450
established in accordance with this section, the governing board	53451
or, at the governing board's option, an executive committee of the	53452
governing board appointed by the governing board shall do both of	53453
the following:	53454

(1) Designate the number of elected members comprising all	53455
subsequent governing boards of the educational service center,	53456
which number shall be an odd number not to exceed nine.	53457

(2) Divide the educational service center into a number of	53458
subdistricts equal to the number of governing board members	53459
designated under division (B)(1) of this section and number the	53460
subdistricts. Each subdistrict shall be as nearly equal in	53461
population as possible and shall be composed of adjacent and	53462
compact territory. To the extent possible, each subdistrict shall	53463
be composed only of territory located in one county. In addition,	53464
the subdistricts shall be bounded as far as possible by	53465
corporation lines, streets, alleys, avenues, public grounds,	53466
canals, watercourses, ward boundaries, voting precinct boundaries,	53467
or school district boundaries.	53468

If the new governing board fails to divide the territory of	53469
the educational service center in accordance with this division,	53470
the superintendent of public instruction shall establish the	53471
subdistricts within thirty days.	53472

(C) At the next regular municipal election following the	53473
deadline for creation of the subdistricts of an educational	53474
service center under division (B) of this section, an entire new	53475
governing board shall be elected. All members of such governing	53476
board shall be elected from those subdistricts.	53477

(D) Within ninety days after the official announcement of the	53478
results of each successive federal decennial census, each	53479
governing board of an educational service center established in	53480
accordance with this section shall redistrict the educational	53481
service center's territory into a number of subdistricts equal to	53482
the number of board members designated under division (B)(1) of	53483
this section and number the subdistricts. Each such redistricting	53484
shall be done in accordance with the standards for subdistricts in	53485
division (B)(2) of this section. At the next regular municipal	53486
election following the announcement of the results of each such	53487
successive census, all elected governing board members shall again	53488
be elected from the subdistricts most recently created under this	53489
division.	53490

If a governing board fails to redistrict the territory of its	53491
educational service center in accordance with this division, the	53492
superintendent of public instruction shall redistrict the service	53493
center within thirty days.	53494

(E) All members elected pursuant to this section shall take	53495
office on the first Monday of January immediately following the	53496
election. Whenever all elected governing board members are elected	53497
at one election under division (C) or (D) of this section, the	53498
terms of each of the members elected from even-numbered	53499
subdistricts shall be for two years and the terms of each of the	53500
members elected from odd-numbered subdistricts shall be for four	53501
years. Thereafter, successors shall be elected for four-year terms	53502
in the same manner as is provided by law for the election of	53503
members of school boards except that any successor elected at a	53504
regular municipal election immediately preceding any election at	53505
which an entire new governing board is elected shall be elected	53506
for a two-year term.	53507

Sec. 3311.056. After at least one election of board members	53508
has occurred under division (B) of section 3313.053, division (C)	53509
of section 3311.054, or section 3311.057 of the Revised Code, the	53510
elected governing board members of an educational service center	53511
created under division (A) of section 3311.053 of the Revised Code	53512
may by resolution adopt a plan for adding appointed members to	53513
that governing board. A plan may provide for adding to the board a	53514
number of appointed members that is up to one less than the number	53515
of elected members on the board except that the total number of	53516
elected and appointed board members shall be an odd number. A plan	53517
shall provide for the terms of the appointed board members. The	53518
appointed board members in each plan shall be appointed by a	53519
majority vote of the full number of elected members on the board	53520
and vacancies shall be filled as provided in the plan. Each plan	53521
shall specify the qualifications for the appointed board members	53522
of an educational service center ~~and shall at least require~~	53523
~~appointed board members to be electors residing in the service~~	53524
~~center~~. Appointed members may be representative of the client	53525
school districts of the service center. As used in this section,	53526
"client school district" has the same meaning as in section	53527
3317.11 of the Revised Code.	53528

A governing board adopting a plan under this section shall	53529
submit the plan to the state board of education for approval. The	53530
state board may approve or disapprove a plan or make	53531
recommendations for modifications in a plan. A plan shall take	53532
effect thirty days after approval by the state board and, when	53533
effective, appointments to the board shall be made in accordance	53534
with the plan.	53535

The elected members of the governing board of an educational	53536
service center with a plan in effect under this section may adopt,	53537
by unanimous vote of all the elected members, a resolution to	53538
revise or rescind the plan in effect under this section. All	53539
revisions shall comply with the requirements in this section for	53540
appointed board members. A resolution revising or rescinding a	53541
plan shall specify the dates and manner in which the revision or	53542
rescission is to take place. The revision or rescission of a plan	53543
shall be submitted to the state board of education for approval.	53544
The state board may approve or disapprove a revision or rescission	53545
of a plan or make recommendations for modifications. Upon approval	53546
of a revision or rescission by the state board, the revised plan	53547
or rescission of the plan shall go into effect as provided in the	53548
revision or rescission.	53549

Sec. 3311.0510. (A) If all of the local school districts	53550
that make up the territory of an educational service center have	53551
severed from the territory of that service center, upon the	53552
effective date of the severance of the last remaining local school	53553
district to make up the territory of the service center, the	53554
governing board of that service center shall be abolished and such	53555
service center shall be dissolved by order of the superintendent	53556
of public instruction. The superintendent's order shall provide	53557
for the equitable division and disposition of the assets,	53558
property, debts, and obligations of the service center among the	53559
local school districts, of which the territory of the service	53560
center is or previously was made up, and the city and exempted	53561
village school districts with which the service center had	53562
agreements under section 3313.843 of the Revised Code for the	53563
service center's last fiscal year of operation. The	53564
superintendent's order shall provide that the tax duplicate of	53565
each of those school districts shall be bound for and assume the	53566
district's equitable share of the outstanding indebtedness of the	53567
service center. The superintendent's order is final and is not	53568
appealable.	53569

Immediately upon the abolishment of the service center	53570
governing board pursuant to this section, the superintendent of	53571
public instruction shall appoint a qualified individual to	53572
administer the dissolution of the service center and to implement	53573
the terms of the superintendent's dissolution order.	53574

Prior to distributing assets to any school district under	53575
this section, but after paying in full other debts and obligations	53576
of the service center under this section, the superintendent of	53577
public instruction may assess against the remaining assets of the	53578
service center the amount of the costs incurred by the department	53579
of education in performing the superintendent's duties under this	53580
division, including the fees, if any, owed to the individual	53581
appointed to administer the superintendent's dissolution order.	53582
Any excess cost incurred by the department under this division	53583
shall be divided equitably among the local school districts, of	53584
which the territory of the service center is or previously was	53585
made up, and the city and exempted village school districts with	53586
which the service center had agreements under section 3313.843 of	53587
the Revised Code for the service center's last fiscal year of	53588
operation. Each district's share of that excess cost shall be	53589
bound against the tax duplicate of that district.	53590

(B) A final audit of the former service center shall be	53591
performed in accordance with procedures established by the auditor	53592
of state.	53593

(C) The public records of an educational service center that	53594
is dissolved under this section shall be transferred in accordance	53595
with this division. Public records maintained by the service	53596
center in connection with services provided by the service center	53597
to local school districts shall be transferred to each of the	53598
respective local school districts. Public records maintained by	53599
the service center in connection with services provided under an	53600
agreement with a city or exempted village school district pursuant	53601
to section 3313.843 of the Revised Code shall be transferred to	53602
each of the respective city or exempted village school districts.	53603
All other public records maintained by the service center at the	53604
time the service center ceases operations shall be transferred to	53605
the Ohio historical society for analysis and disposition by the	53606
society in its capacity as archives administrator for the state	53607
and its political subdivisions pursuant to division (C) of section	53608
149.30 and section 149.31 of the Revised Code.	53609

Sec. 3311.06. (A) As used in this section:

53610

(1) "Annexation" and "annexed" mean annexation for municipal	53611
purposes under sections 709.02 to 709.37 of the Revised Code.	53612

(2) "Annexed territory" means territory that has been annexed	53613
for municipal purposes to a city served by an urban school	53614
district, but on September 24, 1986, has not been transferred to	53615
the urban school district.	53616

(3) "Urban school district" means a city school district with	53617
an average daily membership for the 1985-1986 school year in	53618
excess of twenty thousand that is the school district of a city	53619
that contains annexed territory.	53620

(4) "Annexation agreement" means an agreement entered into	53621
under division (F) of this section that has been approved by the	53622
state board of education or an agreement entered into prior to	53623
September 24, 1986, that meets the requirements of division (F) of	53624
this section and has been filed with the state board.	53625

(B) The territory included within the boundaries of a city,	53626
local, exempted village, or joint vocational school district shall	53627
be contiguous except where a natural island forms an integral part	53628
of the district, where the state board of education authorizes a	53629
noncontiguous school district, as provided in division (E)(1) of	53630
this section, or where a local school district is created pursuant	53631
to section 3311.26 of the Revised Code from one or more local	53632
school districts, one of which has entered into an agreement under	53633
section 3313.42 of the Revised Code.	53634

(C)(1) When all of the territory of a school district is	53635
annexed to a city or village, such territory thereby becomes a	53636
part of the city school district or the school district of which	53637
the village is a part, and the legal title to school property in	53638
such territory for school purposes shall be vested in the board of	53639
education of the city school district or the school district of	53640
which the village is a part.	53641

(2) When the territory so annexed to a city or village	53642
comprises part but not all of the territory of a school district,	53643
the said territory becomes part of the city school district or the	53644
school district of which the village is a part only upon approval	53645
by the state board of education, unless the district in which the	53646
territory is located is a party to an annexation agreement with	53647
the city school district.	53648

Any urban school district that has not entered into an	53649
annexation agreement with any other school district whose	53650
territory would be affected by any transfer under this division	53651
and that desires to negotiate the terms of transfer with any such	53652
district shall conduct any negotiations under division (F) of this	53653
section as part of entering into an annexation agreement with such	53654
a district.	53655

Any school district, except an urban school district,	53656
desiring state board approval of a transfer under this division	53657
shall make a good faith effort to negotiate the terms of transfer	53658
with any other school district whose territory would be affected	53659
by the transfer. Before the state board may approve any transfer	53660
of territory to a school district, except an urban school	53661
district, under this section, it must receive the following:	53662

(a) A resolution requesting approval of the transfer, passed	53663
by at least one of the school districts whose territory would be	53664
affected by the transfer;	53665

(b) Evidence determined to be sufficient by the state board	53666
to show that good faith negotiations have taken place or that the	53667
district requesting the transfer has made a good faith effort to	53668
hold such negotiations;	53669

(c) If any negotiations took place, a statement signed by all	53670
boards that participated in the negotiations, listing the terms	53671
agreed on and the points on which no agreement could be reached.	53672

(D) The state board of education shall adopt rules governing	53673
negotiations held by any school district except an urban school	53674
district pursuant to division (C)(2) of this section. The rules	53675
shall encourage the realization of the following goals:	53676

(1) A discussion by the negotiating districts of the present	53677
and future educational needs of the pupils in each district;	53678

(2) The educational, financial, and territorial stability of	53679
each district affected by the transfer;	53680

(3) The assurance of appropriate educational programs,	53681
services, and opportunities for all the pupils in each	53682
participating district, and adequate planning for the facilities	53683
needed to provide these programs, services, and opportunities.	53684

Districts involved in negotiations under such rules may agree	53685
to share revenues from the property included in the territory to	53686
be transferred, establish cooperative programs between the	53687
participating districts, and establish mechanisms for the	53688
settlement of any future boundary disputes.	53689

(E)(1) If territory annexed after September 24, 1986, is part	53690
of a school district that is a party to an annexation agreement	53691
with the urban school district serving the annexing city, the	53692
transfer of such territory shall be governed by the agreement. If	53693
the agreement does not specify how the territory is to be dealt	53694
with, the boards of education of the district in which the	53695
territory is located and the urban school district shall negotiate	53696
with regard to the transfer of the territory which shall be	53697
transferred to the urban school district unless, not later than	53698
ninety days after the effective date of municipal annexation, the	53699
boards of education of both districts, by resolution adopted by a	53700
majority of the members of each board, agree that the territory	53701
will not be transferred and so inform the state board of	53702
education.	53703

If territory is transferred under this division the transfer	53704
shall take effect on the first day of July occurring not sooner	53705
than ninety-one days after the effective date of the municipal	53706
annexation. Territory transferred under this division need not be	53707
contiguous to the district to which it is transferred.	53708

(2) Territory annexed prior to September 24, 1986, by a city	53709
served by an urban school district shall not be subject to	53710
transfer under this section if the district in which the territory	53711
is located is a party to an annexation agreement or becomes a	53712
party to such an agreement not later than ninety days after	53713
September 24, 1986. If the district does not become a party to an	53714
annexation agreement within the ninety-day period, transfer of	53715
territory shall be governed by division (C)(2) of this section. If	53716
the district subsequently becomes a party to an agreement,	53717
territory annexed prior to September 24, 1986, other than	53718
territory annexed under division (C)(2) of this section prior to	53719
the effective date of the agreement, shall not be subject to	53720
transfer under this section.	53721

(F) An urban school district may enter into a comprehensive	53722
agreement with one or more school districts under which transfers	53723
of territory annexed by the city served by the urban school	53724
district after September 24, 1986, shall be governed by the	53725
agreement. Such agreement must provide for the establishment of a	53726
cooperative education program under section 3313.842 of the	53727
Revised Code in which all the parties to the agreement are	53728
participants and must be approved by resolution of the majority of	53729
the members of each of the boards of education of the school	53730
districts that are parties to it. An agreement may provide for	53731
interdistrict payments based on local revenue growth resulting	53732
from development in any territory annexed by the city served by	53733
the urban school district.	53734

An agreement entered into under this division may be altered,	53735
modified, or terminated only by agreement, by resolution approved	53736
by the majority of the members of each board of education, of all	53737
school districts that are parties to the agreement, except that	53738
with regard to any provision that affects only the urban school	53739
district and one of the other districts that is a party, that	53740
district and the urban district may modify or alter the agreement	53741
by resolution approved by the majority of the members of the board	53742
of that district and the urban district. Alterations,	53743
modifications, terminations, and extensions of an agreement	53744
entered into under this division do not require approval of the	53745
state board of education, but shall be filed with the board after	53746
approval and execution by the parties.	53747

If an agreement provides for interdistrict payments, each	53748
party to the agreement, except any school district specifically	53749
exempted by the agreement, shall agree to make an annual payment	53750
to the urban school district with respect to any of its territory	53751
that is annexed territory in an amount not to exceed the amount	53752
certified for that year under former section 3317.029 of the	53753
Revised Code as that section existed prior to July 1, 1998; except	53754
that such limitation of annual payments to amounts certified under	53755
former section 3317.029 of the Revised Code does not apply to	53756
agreements or extensions of agreements entered into on or after	53757
June 1, 1992, unless such limitation is expressly agreed to by the	53758
parties. The agreement may provide that all or any part of the	53759
payment shall be waived if the urban school district receives its	53760
payment with respect to such annexed territory under former	53761
section 3317.029 of the Revised Code and that all or any part of	53762
such payment may be waived if the urban school district does not	53763
receive its payment with respect to such annexed territory under	53764
such section.	53765

With respect to territory that is transferred to the urban	53766
school district after September 24, 1986, the agreement may	53767
provide for annual payments by the urban school district to the	53768
school district whose territory is transferred to the urban school	53769
district subsequent to annexation by the city served by the urban	53770
school district.	53771

(G) In the event territory is transferred from one school	53772
district to another under this section, an equitable division of	53773
the funds and indebtedness between the districts involved shall be	53774
made under the supervision of the state board of education and	53775
that board's decision shall be final. Such division shall not	53776
include funds payable to or received by a school district under	53777
Chapter ~~3306. or~~ 3317. of the Revised Code or payable to or	53778
received by a school district from the United States or any	53779
department or agency thereof. In the event such transferred	53780
territory includes real property owned by a school district, the	53781
state board of education, as part of such division of funds and	53782
indebtedness, shall determine the true value in money of such real	53783
property and all buildings or other improvements thereon. The	53784
board of education of the school district receiving such territory	53785
shall forthwith pay to the board of education of the school	53786
district losing such territory such true value in money of such	53787
real property, buildings, and improvements less such percentage of	53788
the true value in money of each school building located on such	53789
real property as is represented by the ratio of the total	53790
enrollment in day classes of the pupils residing in the territory	53791
transferred enrolled at such school building in the school year in	53792
which such annexation proceedings were commenced to the total	53793
enrollment in day classes of all pupils residing in the school	53794
district losing such territory enrolled at such school building in	53795
such school year. The school district receiving such payment shall	53796
place the proceeds thereof in its sinking fund or bond retirement	53797
fund.	53798

(H) The state board of education, before approving such	53799
transfer of territory, shall determine that such payment has been	53800
made and shall apportion to the acquiring school district such	53801
percentage of the indebtedness of the school district losing the	53802
territory as is represented by the ratio that the assessed	53803
valuation of the territory transferred bears to the total assessed	53804
valuation of the entire school district losing the territory as of	53805
the effective date of the transfer, provided that in ascertaining	53806
the indebtedness of the school district losing the territory the	53807
state board of education shall disregard such percentage of the	53808
par value of the outstanding and unpaid bonds and notes of said	53809
school district issued for construction or improvement of the	53810
school building or buildings for which payment was made by the	53811
acquiring district as is equal to the percentage by which the true	53812
value in money of such building or buildings was reduced in fixing	53813
the amount of said payment.	53814

(I) No transfer of school district territory or division of	53815
funds and indebtedness incident thereto, pursuant to the	53816
annexation of territory to a city or village shall be completed in	53817
any other manner than that prescribed by this section regardless	53818
of the date of the commencement of such annexation proceedings,	53819
and this section applies to all proceedings for such transfers and	53820
divisions of funds and indebtedness pending or commenced on or	53821
after October 2, 1959.	53822

Sec. 3311.19. (A) The management and control of a joint	53823
vocational school district shall be vested in the joint vocational	53824
school district board of education. Where a joint vocational	53825
school district is composed only of two or more local school	53826
districts located in one county, or when all the participating	53827
districts are in one county and the boards of such participating	53828
districts so choose, the educational service center governing	53829
board of the county in which the joint vocational school district	53830
is located shall serve as the joint vocational school district	53831
board of education. Where a joint vocational school district is	53832
composed of local school districts of more than one county, or of	53833
any combination of city, local, or exempted village school	53834
districts or educational service centers, unless administration by	53835
the educational service center governing board has been chosen by	53836
all the participating districts in one county pursuant to this	53837
section, the board of education of the joint vocational school	53838
district shall be composed of one or more persons who are members	53839
of the boards of education from each of the city or exempted	53840
village school districts or members of the educational service	53841
centers' governing boards affected to be appointed by the boards	53842
of education or governing boards of such school districts and	53843
educational service centers. In such joint vocational school	53844
districts the number and terms of members of the joint vocational	53845
school district board of education and the allocation of a given	53846
number of members to each of the city and exempted village	53847
districts and educational service centers shall be determined in	53848
the plan for such district, provided that each such joint	53849
vocational school district board of education shall be composed of	53850
an odd number of members.	53851

(B) Notwithstanding division (A) of this section, a governing	53852
board of an educational service center that has members of its	53853
governing board serving on a joint vocational school district	53854
board of education may make a request to the joint vocational	53855
district board that the joint vocational school district plan be	53856
revised to provide for one or more members of boards of education	53857
of local school districts that are within the territory of the	53858
educational service district and within the joint vocational	53859
school district to serve in the place of or in addition to its	53860
educational service center governing board members. If agreement	53861
is obtained among a majority of the boards of education and	53862
governing boards that have a member serving on the joint	53863
vocational school district board of education and among a majority	53864
of the local school district boards of education included in the	53865
district and located within the territory of the educational	53866
service center whose board requests the substitution or addition,	53867
the state board of education may revise the joint vocational	53868
school district plan to conform with such agreement.	53869

(C) If the board of education of any school district or	53870
educational service center governing board included within a joint	53871
vocational district that has had its board or governing board	53872
membership revised under division (B) of this section requests the	53873
joint vocational school district board to submit to the state	53874
board of education a revised plan under which one or more joint	53875
vocational board members chosen in accordance with a plan revised	53876
under such division would again be chosen in the manner prescribed	53877
by division (A) of this section, the joint vocational board shall	53878
submit the revised plan to the state board of education, provided	53879
the plan is agreed to by a majority of the boards of education	53880
represented on the joint vocational board, a majority of the local	53881
school district boards included within the joint vocational	53882
district, and each educational service center governing board	53883
affected by such plan. The state board of education may revise the	53884
joint vocational school district plan to conform with the revised	53885
plan.	53886

(D) The vocational schools in such joint vocational school	53887
district shall be available to all youth of school age within the	53888
joint vocational school district subject to the rules adopted by	53889
the joint vocational school district board of education in regard	53890
to the standards requisite to admission. A joint vocational school	53891
district board of education shall have the same powers, duties,	53892
and authority for the management and operation of such joint	53893
vocational school district as is granted by law, except by this	53894
chapter and Chapters 124., ~~3306.,~~ 3317., 3323., and 3331. of the	53895
Revised Code, to a board of education of a city school district,	53896
and shall be subject to all the provisions of law that apply to a	53897
city school district, except such provisions in this chapter and	53898
Chapters 124., ~~3306.,~~ 3317., 3323., and 3331. of the Revised Code.	53899

(E) Where a governing board of an educational service center	53900
has been designated to serve as the joint vocational school	53901
district board of education, the educational service center	53902
superintendent shall be the executive officer for the joint	53903
vocational school district, and the governing board may provide	53904
for additional compensation to be paid to the educational service	53905
center superintendent by the joint vocational school district, but	53906
the educational service center superintendent shall have no	53907
continuing tenure other than that of educational service center	53908
superintendent. The superintendent of schools of a joint	53909
vocational school district shall exercise the duties and authority	53910
vested by law in a superintendent of schools pertaining to the	53911
operation of a school district and the employment and supervision	53912
of its personnel. The joint vocational school district board of	53913
education shall appoint a treasurer of the joint vocational school	53914
district who shall be the fiscal officer for such district and who	53915
shall have all the powers, duties, and authority vested by law in	53916
a treasurer of a board of education. Where a governing board of an	53917
educational service center has been designated to serve as the	53918
joint vocational school district board of education, such board	53919
may appoint the educational service center superintendent as the	53920
treasurer of the joint vocational school district.	53921

(F) Each member of a joint vocational school district board	53922
of education may be paid such compensation as the board provides	53923
by resolution, but it shall not exceed one hundred twenty-five	53924
dollars per member for each meeting attended plus mileage, at the	53925
rate per mile provided by resolution of the board, to and from	53926
meetings of the board.	53927

The board may provide by resolution for the deduction of	53928
amounts payable for benefits under section 3313.202 of the Revised	53929
Code.	53930

Each member of a joint vocational school district board may	53931
be paid such compensation as the board provides by resolution for	53932
attendance at an approved training program, provided that such	53933
compensation shall not exceed sixty dollars per day for attendance	53934
at a training program three hours or fewer in length and one	53935
hundred twenty-five dollars a day for attendance at a training	53936
program longer than three hours in length. However, no board	53937
member shall be compensated for the same training program under	53938
this section and section 3313.12 of the Revised Code.	53939

Sec. 3311.21. (A) In addition to the resolutions authorized	53940
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of	53941
the Revised Code, the board of education of a joint vocational or	53942
cooperative education school district by a vote of two-thirds of	53943
its full membership may at any time adopt a resolution declaring	53944
the necessity to levy a tax in excess of the ten-mill limitation	53945
for a period not to exceed ten years to provide funds for any one	53946
or more of the following purposes, which may be stated in the	53947
following manner in such resolution, the ballot, and the notice of	53948
election: purchasing a site or enlargement thereof and for the	53949
erection and equipment of buildings; for the purpose of enlarging,	53950
improving, or rebuilding thereof; for the purpose of providing for	53951
the current expenses of the joint vocational or cooperative school	53952
district; or for a continuing period for the purpose of providing	53953
for the current expenses of the joint vocational or cooperative	53954
education school district. The resolution shall specify the amount	53955
of the proposed rate and, if a renewal, whether the levy is to	53956
renew all, or a portion of, the existing levy, and shall specify	53957
the first year in which the levy will be imposed. If the levy	53958
provides for but is not limited to current expenses, the	53959
resolution shall apportion the annual rate of the levy between	53960
current expenses and the other purpose or purposes. Such	53961
apportionment may but need not be the same for each year of the	53962
levy, but the respective portions of the rate actually levied each	53963
year for current expenses and the other purpose or purposes shall	53964
be limited by such apportionment. The portion of any such rate	53965
actually levied for current expenses of a joint vocational or	53966
cooperative education school district shall be used in applying	53967
~~division (A)(1) of section 3306.01 and~~ division (A) of section	53968
3317.01 of the Revised Code. The portion of any such rate not	53969
apportioned to the current expenses of a joint vocational or	53970
cooperative education school district shall be used in applying	53971
division (B) of this section. On the adoption of such resolution,	53972
the joint vocational or cooperative education school district	53973
board of education shall certify the resolution to the board of	53974
elections of the county containing the most populous portion of	53975
the district, which board shall receive resolutions for filing and	53976
send them to the boards of elections of each county in which	53977
territory of the district is located, furnish all ballots for the	53978
election as provided in section 3505.071 of the Revised Code, and	53979
prepare the election notice; and the board of elections of each	53980
county in which the territory of such district is located shall	53981
make the other necessary arrangements for the submission of the	53982
question to the electors of the joint vocational or cooperative	53983
education school district at the next primary or general election	53984
occurring not less than ninety days after the resolution was	53985
received from the joint vocational or cooperative education school	53986
district board of education, or at a special election to be held	53987
at a time designated by the district board of education consistent	53988
with the requirements of section 3501.01 of the Revised Code,	53989
which date shall not be earlier than ninety days after the	53990
adoption and certification of the resolution.	53991

The board of elections of the county or counties in which	53992
territory of the joint vocational or cooperative education school	53993
district is located shall cause to be published in ~~one or more~~	53994
~~newspapers~~a newspaper of general circulation in that district an	53995
advertisement of the proposed tax levy question, together with a	53996
statement of the amount of the proposed levy once a week for two	53997
consecutive weeks or as provided in section 7.16 of the Revised	53998
Code, prior to the election at which the question is to appear on	53999
the ballot~~, and, if~~. If the board of elections operates and	54000
maintains a web site, the board also shall post ~~a similar~~the	54001
advertisement on its web site for thirty days prior to that	54002
election.	54003

If a majority of the electors voting on the question of	54004
levying such tax vote in favor of the levy, the joint vocational	54005
or cooperative education school district board of education shall	54006
annually make the levy within the district at the rate specified	54007
in the resolution and ballot or at any lesser rate, and the county	54008
auditor of each affected county shall annually place the levy on	54009
the tax list and duplicate of each school district in the county	54010
having territory in the joint vocational or cooperative education	54011
school district. The taxes realized from the levy shall be	54012
collected at the same time and in the same manner as other taxes	54013
on the duplicate, and the taxes, when collected, shall be paid to	54014
the treasurer of the joint vocational or cooperative education	54015
school district and deposited to a special fund, which shall be	54016
established by the joint vocational or cooperative education	54017
school district board of education for all revenue derived from	54018
any tax levied pursuant to this section and for the proceeds of	54019
anticipation notes which shall be deposited in such fund. After	54020
the approval of the levy, the joint vocational or cooperative	54021
education school district board of education may anticipate a	54022
fraction of the proceeds of the levy and from time to time, during	54023
the life of the levy, but in any year prior to the time when the	54024
tax collection from the levy so anticipated can be made for that	54025
year, issue anticipation notes in an amount not exceeding fifty	54026
per cent of the estimated proceeds of the levy to be collected in	54027
each year up to a period of five years after the date of the	54028
issuance of the notes, less an amount equal to the proceeds of the	54029
levy obligated for each year by the issuance of anticipation	54030
notes, provided that the total amount maturing in any one year	54031
shall not exceed fifty per cent of the anticipated proceeds of the	54032
levy for that year. Each issue of notes shall be sold as provided	54033
in Chapter 133. of the Revised Code, and shall, except for such	54034
limitation that the total amount of such notes maturing in any one	54035
year shall not exceed fifty per cent of the anticipated proceeds	54036
of the levy for that year, mature serially in substantially equal	54037
installments, during each year over a period not to exceed five	54038
years after their issuance.	54039

(B) Prior to the application of section 319.301 of the	54040
Revised Code, the rate of a levy that is limited to, or to the	54041
extent that it is apportioned to, purposes other than current	54042
expenses shall be reduced in the same proportion in which the	54043
district's total valuation increases during the life of the levy	54044
because of additions to such valuation that have resulted from	54045
improvements added to the tax list and duplicate.	54046

(C) The form of ballot cast at an election under division (A)	54047
of this section shall be as prescribed by section 5705.25 of the	54048
Revised Code.	54049

Sec. 3311.213. (A) With the approval of the board of	54050
education of a joint vocational school district ~~which~~that is in	54051
existence, any school district in the county or counties	54052
comprising the joint vocational school district or any school	54053
district in a county adjacent to a county comprising part of a	54054
joint vocational school district may become a part of the joint	54055
vocational school district. On the adoption of a resolution of	54056
approval by the board of education of the joint vocational school	54057
district, it shall advertise a copy of such resolution in a	54058
newspaper of general circulation in the school district proposing	54059
to become a part of such joint vocational school district once	54060
each week for ~~at least~~ two weeks, or as provided in section 7.16	54061
of the Revised Code, immediately following the date of the	54062
adoption of such resolution. Such resolution shall not become	54063
effective until the later of the sixty-first day after its	54064
adoption or until the board of elections certifies the results of	54065
an election in favor of joining of the school district to the	54066
joint vocational school district if such an election is held under	54067
division (B) of this section.	54068

(B) During the sixty-day period following the date of the	54069
adoption of a resolution to join a school district to a joint	54070
vocational school district under division (A) of this section, the	54071
electors of the school district that proposes joining the joint	54072
vocational school district may petition for a referendum vote on	54073
the resolution. The question whether to approve or disapprove the	54074
resolution shall be submitted to the electors of such school	54075
district if a number of qualified electors equal to twenty per	54076
cent of the number of electors in the school district who voted	54077
for the office of governor at the most recent general election for	54078
that office sign a petition asking that the question of whether	54079
the resolution shall be disapproved be submitted to the electors.	54080
The petition shall be filed with the board of elections of the	54081
county in which the school district is located. If the school	54082
district is located in more than one county, the petition shall be	54083
filed with the board of elections of the county in which the	54084
majority of the territory of the school district is located. The	54085
board shall certify the validity and sufficiency of the signatures	54086
on the petition.	54087

The board of elections shall immediately notify the board of	54088
education of the joint vocational school district and the board of	54089
education of the school district that proposes joining the joint	54090
vocational school district that the petition has been filed.	54091

The effect of the resolution shall be stayed until the board	54092
of elections certifies the validity and sufficiency of the	54093
signatures on the petition. If the board of elections determines	54094
that the petition does not contain a sufficient number of valid	54095
signatures and sixty days have passed since the adoption of the	54096
resolution, the resolution shall become effective.	54097

If the board of elections certifies that the petition	54098
contains a sufficient number of valid signatures, the board shall	54099
submit the question to the qualified electors of the school	54100
district on the day of the next general or primary election held	54101
at least ninety days after but no later than six months after the	54102
board of elections certifies the validity and sufficiency of	54103
signatures on the petition. If there is no general or primary	54104
election held at least ninety days after but no later than six	54105
months after the board of elections certifies the validity and	54106
sufficiency of signatures on the petition, the board shall submit	54107
the question to the electors at a special election to be held on	54108
the next day specified for special elections in division (D) of	54109
section 3501.01 of the Revised Code that occurs at least ninety	54110
days after the board certifies the validity and sufficiency of	54111
signatures on the petition. The election shall be conducted and	54112
canvassed and the results shall be certified in the same manner as	54113
in regular elections for the election of members of a board of	54114
education.	54115

If a majority of the electors voting on the question	54116
disapprove the resolution, the resolution shall not become	54117
effective.	54118

(C) If the resolution becomes effective, the board of	54119
education of the joint vocational school district shall notify the	54120
county auditor of the county in which the school district becoming	54121
a part of the joint vocational school district is located, who	54122
shall thereupon have any outstanding levy for building purposes,	54123
bond retirement, or current expenses in force in the joint	54124
vocational school district spread over the territory of the school	54125
district becoming a part of the joint vocational school district.	54126
On the addition of a city or exempted village school district or	54127
an educational service center to the joint vocational school	54128
district, pursuant to this section, the board of education of such	54129
joint vocational school district shall submit to the state board	54130
of education a proposal to enlarge the membership of such board by	54131
the addition of one or more persons at least one of whom shall be	54132
a member of the board of education or governing board of such	54133
additional school district or educational service center, and the	54134
term of each such additional member. On the addition of a local	54135
school district to the joint vocational school district, pursuant	54136
to this section, the board of education of such joint vocational	54137
school district may submit to the state board of education a	54138
proposal to enlarge the membership of such board by the addition	54139
of one or more persons who are members of the educational service	54140
center governing board of such additional local school district.	54141
On approval by the state board of education additional members	54142
shall be added to such joint vocational school district board of	54143
education.	54144

Sec. 3311.214. (A) With the approval of the state board of	54145
education, the boards of education of any two or more joint	54146
vocational school districts may, by the adoption of identical	54147
resolutions by a majority of the members of each such board,	54148
propose that one new joint vocational school district be created	54149
by adding together all of the territory of each of the districts	54150
and dissolving such districts. A copy of each resolution shall be	54151
filed with the state board of education for its approval or	54152
disapproval. The resolutions shall include a provision that the	54153
board of education of the new district shall be composed of the	54154
members from the same boards of education that composed the	54155
membership of the board of each of the districts to be dissolved,	54156
except that, if an even number of districts are to be dissolved,	54157
one additional member shall be added, who may be from any school	54158
district included in the territory of any of the districts to be	54159
dissolved as designated in the resolutions. The members of the new	54160
board shall have the same terms of office as they had under the	54161
respective plans of the districts adopting the resolutions, except	54162
that, if the new board has an additional member, hethe additional	54163
member shall have a term as specified in the resolutions.	54164

If the state board approves the resolutions, the board of	54165
education of each district to be dissolved shall advertise a copy	54166
of the resolution in a newspaper of general circulation in its	54167
district once each week for ~~at least~~ two weeks, or as provided in	54168
section 7.16 of the Revised Code, immediately following the date	54169
the resolutions are approved by the state board. The resolutions	54170
shall become effective on the first day of July next succeeding	54171
the sixtieth day following approval by the state board unless	54172
prior to the expiration of such sixty-day period, qualified	54173
electors residing in one of the districts to be dissolved equal in	54174
number to a majority of the qualified electors of that district	54175
voting at the last general election file with the state board a	54176
petition of remonstrance against creation of the proposed new	54177
district.	54178

(B) When a resolution becomes effective under division (A) of	54179
this section, each district in which a resolution was adopted and	54180
the board of each such district are dissolved. The territory of	54181
each dissolved district becomes a part of the new joint vocational	54182
school district. The net indebtedness of each dissolved district	54183
shall be assumed in full by the new district and the funds and	54184
property of each dissolved district shall become in full the funds	54185
and property of the new district. All existing contracts of each	54186
dissolved board shall be honored by the board of the new district	54187
until their expiration dates. The board of the new district shall	54188
notify the county auditor of each county in which each dissolved	54189
district was located that a resolution has become effective and a	54190
new district has been created and shall certify to each auditor	54191
any changes that might be required in the tax rate as a result of	54192
the creation of the new district.	54193

(C) As used in this section, "net indebtedness" means the	54194
difference between the par value of the outstanding and unpaid	54195
bonds and notes of the school district and the amount held in the	54196
sinking fund and other indebtedness retirement funds for their	54197
redemption.	54198

Sec. 3311.29. (A) Except as provided under division (B) or	54199
(C) of this section, no school district shall be created and no	54200
school district shall exist which does not maintain within such	54201
district public schools consisting of grades kindergarten through	54202
twelve and any such existing school district not maintaining such	54203
schools shall be dissolved and its territory joined with another	54204
school district or districts by order of the state board of	54205
education if no agreement is made among the surrounding districts	54206
voluntarily, which order shall provide an equitable division of	54207
the funds, property, and indebtedness of the dissolved school	54208
district among the districts receiving its territory. The state	54209
board of education may authorize exceptions to school districts	54210
where topography, sparsity of population, and other factors make	54211
compliance impracticable.	54212

The superintendent of public instruction is without authority	54213
to distribute funds under Chapter ~~3306. or~~ 3317. of the Revised	54214
Code to any school district that does not maintain schools with	54215
grades kindergarten through twelve and to which no exception has	54216
been granted by the state board of education.	54217

(B) Division (A) of this section does not apply to any joint	54218
vocational school district or any cooperative education school	54219
district established pursuant to divisions (A) to (C) of section	54220
3311.52 of the Revised Code.	54221

(C)(1)(a) Except as provided in division (C)(3) of this	54222
section, division (A) of this section does not apply to any	54223
cooperative education school district established pursuant to	54224
section 3311.521 of the Revised Code nor to the city, exempted	54225
village, or local school districts that have territory within such	54226
a cooperative education district.	54227

(b) The cooperative district and each city, exempted village,	54228
or local district with territory within the cooperative district	54229
shall maintain the grades that the resolution adopted or amended	54230
pursuant to section 3311.521 of the Revised Code specifies.	54231

(2) Any cooperative education school district described under	54232
division (C)(1) of this section that fails to maintain the grades	54233
it is specified to operate shall be dissolved by order of the	54234
state board of education unless prior to such an order the	54235
cooperative district is dissolved pursuant to section 3311.54 of	54236
the Revised Code. Any such order shall provide for the equitable	54237
adjustment, division, and disposition of the assets, property,	54238
debts, and obligations of the district among each city, local, and	54239
exempted village school district whose territory is in the	54240
cooperative district and shall provide that the tax duplicate of	54241
each city, local, and exempted village school district whose	54242
territory is in the cooperative district shall be bound for and	54243
assume its share of the outstanding indebtedness of the	54244
cooperative district.	54245

(3) If any city, exempted village, or local school district	54246
described under division (C)(1) of this section fails to maintain	54247
the grades it is specified to operate the cooperative district	54248
within which it has territory shall be dissolved in accordance	54249
with division (C)(2) of this section and upon that dissolution any	54250
city, exempted village, or local district failing to maintain	54251
grades kindergarten through twelve shall be subject to the	54252
provisions for dissolution in division (A) of this section.	54253

Sec. 3311.50. (A) As used in this section, "county school	54254
financing district" means a taxing district consisting of the	54255
following territory:	54256

(1) The territory that constitutes the educational service	54257
center on the date that the governing board of that educational	54258
service center adopts a resolution under division (B) of this	54259
section declaring that the territory of the educational service	54260
center is a county school financing district, exclusive of any	54261
territory subsequently withdrawn from the district under division	54262
(D) of this section;	54263

(2) Any territory that has been added to the county school	54264
financing district under this section.	54265

A county school financing district may include the territory	54266
of a city, local, or exempted village school district whose	54267
territory also is included in the territory of one or more other	54268
county school financing districts.	54269

(B) The governing board of any educational service center	54270
may, by resolution, declare that the territory of the educational	54271
service center is a county school financing district. The	54272
resolution shall state the purpose for which the county school	54273
financing district is created which may be for any one or more of	54274
the following purposes:	54275

(1) To levy taxes for the provision of special education by	54276
the school districts that are a part of the district, including	54277
taxes for permanent improvements for special education;	54278

(2) To levy taxes for the provision of specified educational	54279
programs and services by the school districts that are a part of	54280
the district, as identified in the resolution creating the	54281
district, including the levying of taxes for permanent	54282
improvements for those programs and services;	54283

(3) To levy taxes for permanent improvements of school	54284
districts that are a part of the district.	54285

The governing board of the educational service center that	54286
creates a county school financing district shall serve as the	54287
taxing authority of the district and may use educational service	54288
center governing board employees to perform any of the functions	54289
necessary in the performance of its duties as a taxing authority.	54290
A county school financing district shall not employ any personnel.	54291

With the approval of a majority of the members of the board	54292
of education of each school district within the territory of the	54293
county school financing district, the taxing authority of the	54294
financing district may amend the resolution creating the district	54295
to broaden or narrow the purposes for which it was created.	54296

A governing board of an educational service center may create	54297
more than one county school financing district. If a governing	54298
board of an educational service center creates more than one such	54299
district, it shall clearly distinguish among the districts it	54300
creates by including a designation of each district's purpose in	54301
the district's name.	54302

(C) A majority of the members of a board of education of a	54303
city, local, or exempted village school district may adopt a	54304
resolution requesting that its territory be joined with the	54305
territory of any county school financing district. Copies of the	54306
resolution shall be filed with the state board of education and	54307
the taxing authority of the county school financing district.	54308
Within sixty days of its receipt of such a resolution, the county	54309
school financing district's taxing authority shall vote on the	54310
question of whether to accept the school district's territory as	54311
part of the county school financing district. If a majority of the	54312
members of the taxing authority vote to accept the territory, the	54313
school district's territory shall thereupon become a part of the	54314
county school financing district unless the county school	54315
financing district has in effect a tax imposed under section	54316
5705.211 of the Revised Code. If the county school financing	54317
district has such a tax in effect, the taxing authority shall	54318
certify a copy of its resolution accepting the school district's	54319
territory to the school district's board of education, which may	54320
then adopt a resolution, with the affirmative vote of a majority	54321
of its members, proposing the submission to the electors of the	54322
question of whether the district's territory shall become a part	54323
of the county school financing district and subject to the taxes	54324
imposed by the financing district. The resolution shall set forth	54325
the date on which the question shall be submitted to the electors,	54326
which shall be at a special election held on a date specified in	54327
the resolution, which shall not be earlier than ninety days after	54328
the adoption and certification of the resolution. A copy of the	54329
resolution shall immediately be certified to the board of	54330
elections of the proper county, which shall make arrangements for	54331
the submission of the proposal to the electors of the school	54332
district. The board of the joining district shall publish notice	54333
of the election in ~~one or more newspapers~~a newspaper of general	54334
circulation in the county once a week for two consecutive weeks,	54335
or as provided in section 7.16 of the Revised Code, prior to the	54336
election. Additionally, if the board of elections operates and	54337
maintains a web site, the board of elections shall post notice of	54338
the election on its web site for thirty days prior to the	54339
election. The question appearing on the ballot shall read:	54340

"Shall the territory within .......... (name of the school	54341
district proposing to join the county school financing district)	54342
.......... be added to .......... (name) .......... county school	54343
financing district, and a property tax for the purposes of	54344
......... (here insert purposes) .......... at a rate of taxation	54345
not exceeding .......... (here insert the outstanding tax rate)	54346
........... be in effect for .......... (here insert the number of	54347
years the tax is to be in effect or "a continuing period of time,"	54348
as applicable) ..........?"	54349

If the proposal is approved by a majority of the electors	54350
voting on it, the joinder shall take effect on the first day of	54351
July following the date of the election, and the county board of	54352
elections shall notify the county auditor of each county in which	54353
the school district joining its territory to the county school	54354
financing district is located.	54355

(D) The board of any city, local, or exempted village school	54356
district whose territory is part of a county school financing	54357
district may withdraw its territory from the county school	54358
financing district thirty days after submitting to the governing	54359
board that is the taxing authority of the district and the state	54360
board a resolution proclaiming such withdrawal, adopted by a	54361
majority vote of its members, but any county school financing	54362
district tax levied in such territory on the effective date of the	54363
withdrawal shall remain in effect in such territory until such tax	54364
expires or is renewed. No board may adopt a resolution withdrawing	54365
from a county school financing district that would take effect	54366
during the forty-five days preceding the date of an election at	54367
which a levy proposed under section 5705.215 of the Revised Code	54368
is to be voted upon.	54369

(E) A city, local, or exempted village school district does	54370
not lose its separate identity or legal existence by reason of	54371
joining its territory to a county school financing district under	54372
this section and an educational service center does not lose its	54373
separate identity or legal existence by reason of creating a	54374
county school financing district that accepts or loses territory	54375
under this section.	54376

Sec. 3311.52. A cooperative education school district may be	54377
established pursuant to divisions (A) to (C) of this section or	54378
pursuant to section 3311.521 of the Revised Code.	54379

(A) A cooperative education school district may be	54380
established upon the adoption of identical resolutions within a	54381
sixty-day period by a majority of the members of the board of	54382
education of each city, local, and exempted village school	54383
district that is within the territory of a county school financing	54384
district.	54385

A copy of each resolution shall be filed with the governing	54386
board of the educational service center which created the county	54387
school financing district. Upon the filing of the last such	54388
resolution, the educational service center governing board shall	54389
immediately notify each board of education filing such a	54390
resolution of the date on which the last resolution was filed.	54391

Ten days after the date on which the last resolution is filed	54392
with the educational service center governing board or ten days	54393
after the last of any notices required under division (C) of this	54394
section is received by the educational service center governing	54395
board, whichever is later, the county school financing district	54396
shall be dissolved and the new cooperative education school	54397
district and the board of education of the cooperative education	54398
school district shall be established.	54399

On the date that any county school financing district is	54400
dissolved and a cooperative education school district is	54401
established under this section, each of the following shall apply:	54402

(1) The territory of the dissolved district becomes the	54403
territory of the new district.	54404

(2) Any outstanding tax levy in force in the dissolved	54405
district shall be spread over the territory of the new district	54406
and shall remain in force in the new district until the levy	54407
expires or is renewed.	54408

(3) Any funds of the dissolved district shall be paid over in	54409
full to the new district.	54410

(4) Any net indebtedness of the dissolved district shall be	54411
assumed in full by the new district. As used in division (A)(4) of	54412
this section, "net indebtedness" means the difference between the	54413
par value of the outstanding and unpaid bonds and notes of the	54414
dissolved district and the amount held in the sinking fund and	54415
other indebtedness retirement funds for their redemption.	54416

When a county school financing district is dissolved and a	54417
cooperative education school district is established under this	54418
section, the governing board of the educational service center	54419
that created the dissolved district shall give written notice of	54420
this fact to the county auditor and the board of elections of each	54421
county having any territory in the new district.	54422

(B) The resolutions adopted under division (A) of this	54423
section shall include all of the following provisions:	54424

(1) Provision that the governing board of the educational	54425
service center which created the county school financing district	54426
shall be the board of education of the cooperative education	54427
school district, except that provision may be made for the	54428
composition, selection, and terms of office of an alternative	54429
board of education of the cooperative district, which board shall	54430
include at least one member selected from or by the members of the	54431
board of education of each city, local, and exempted village	54432
school district and at least one member selected from or by the	54433
members of the educational service center governing board within	54434
the territory of the cooperative district;	54435

(2) Provision that the treasurer and superintendent of the	54436
educational service center which created the county school	54437
financing district shall be the treasurer and superintendent of	54438
the cooperative education school district, except that provision	54439
may be made for the selection of a treasurer or superintendent of	54440
the cooperative district other than the treasurer or	54441
superintendent of the educational service center, which provision	54442
shall require one of the following:	54443

(a) The selection of one person as both the treasurer and	54444
superintendent of the cooperative district, which provision may	54445
require such person to be the treasurer or superintendent of any	54446
city, local, or exempted village school district or educational	54447
service center within the territory of the cooperative district;	54448

(b) The selection of one person as the treasurer and another	54449
person as the superintendent of the cooperative district, which	54450
provision may require either one or both such persons to be	54451
treasurers or superintendents of any city, local, or exempted	54452
village school districts or educational service center within the	54453
territory of the cooperative district.	54454

(3) A statement of the educational program the board of	54455
education of the cooperative education school district will	54456
conduct, including but not necessarily limited to the type of	54457
educational program, the grade levels proposed for inclusion in	54458
the program, the timetable for commencing operation of the	54459
program, and the facilities proposed to be used or constructed to	54460
be used by the program;	54461

(4) A statement of the annual amount, or the method for	54462
determining that amount, of funds or services or facilities that	54463
each city, local, and exempted village school district within the	54464
territory of the cooperative district is required to pay to or	54465
provide for the use of the board of education of the cooperative	54466
education school district;	54467

(5) Provision for adopting amendments to the provisions of	54468
divisions (B)(2) to (4) of this section.	54469

(C) If the resolutions adopted under division (A) of this	54470
section provide for a board of education of the cooperative	54471
education school district that is not the governing board of the	54472
educational service center that created the county school	54473
financing district, each board of education of each city, local,	54474
or exempted village school district and the governing board of the	54475
educational service center within the territory of the cooperative	54476
district shall, within thirty days after the date on which the	54477
last resolution is filed with the educational service center	54478
governing board under division (A) of this section, select one or	54479
more members of the board of education of the cooperative district	54480
as provided in the resolutions filed with the educational service	54481
center governing board. Each such board shall immediately notify	54482
the educational service center governing board of each such	54483
selection.	54484

(D) Except for the powers and duties in this chapter and	54485
Chapters 124., ~~3306.,~~ 3317., 3318., 3323., and 3331. of the	54486
Revised Code, a cooperative education school district established	54487
pursuant to divisions (A) to (C) of this section or pursuant to	54488
section 3311.521 of the Revised Code has all the powers of a city	54489
school district and its board of education has all the powers and	54490
duties of a board of education of a city school district with	54491
respect to the educational program specified in the resolutions	54492
adopted under division (A) of this section. All laws applicable to	54493
a city school district or the board of education or the members of	54494
the board of education of a city school district, except such laws	54495
in this chapter and Chapters 124., ~~3306.,~~ 3317., 3318., 3323., and	54496
3331. of the Revised Code, are applicable to a cooperative	54497
education school district and its board.	54498

The treasurer and superintendent of a cooperative education	54499
school district shall have the same respective duties and powers	54500
as a treasurer and superintendent of a city school district,	54501
except for any powers and duties in this chapter and Chapters	54502
124., ~~3306.,~~ 3317., 3318., 3323., and 3331. of the Revised Code.	54503

(E) For purposes of this title, any student included in the	54504
formula ADM certified for any city, exempted village, or local	54505
school district under section 3317.03 of the Revised Code by	54506
virtue of being counted, in whole or in part, in the average daily	54507
membership of a cooperative education school district under	54508
division (A)(2)(f) of that section shall be construed to be	54509
enrolled both in that city, exempted village, or local school	54510
district and in that cooperative education school district. This	54511
division shall not be construed to mean that any such individual	54512
student may be counted more than once for purposes of determining	54513
the average daily membership of any one school district.	54514

Sec. 3311.53. (A)(1) The board of education of any city,	54515
local, or exempted village school district that wishes to become	54516
part of a cooperative education school district established	54517
pursuant to divisions (A) to (C) of section 3311.52 of the Revised	54518
Code may adopt a resolution proposing to become a part of the	54519
cooperative education school district.	54520

(2) The board of education of any city, local, or exempted	54521
village school district that is contiguous to a cooperative	54522
education school district established pursuant to section 3311.521	54523
of the Revised Code and that wishes to become part of that	54524
cooperative district may adopt a resolution proposing to become	54525
part of that cooperative district.	54526

(B) If, after the adoption of a resolution in accordance with	54527
division (A) of this section, the board of education of the	54528
cooperative education school district named in that resolution	54529
also adopts a resolution accepting the new district, the board of	54530
the district wishing to become part of the cooperative district	54531
shall advertise a copy of the cooperative district board's	54532
resolution in a newspaper of general circulation in the school	54533
district proposing to become a part of the cooperative education	54534
school district once each week for ~~at least~~ two weeks, or as	54535
provided in section 7.16 of the Revised Code, immediately	54536
following the date of the adoption of the resolution. The	54537
resolution shall become legally effective on the sixtieth day	54538
after its adoption, unless prior to the expiration of that	54539
sixty-day period qualified electors residing in the school	54540
district proposed to become a part of the cooperative education	54541
school district equal in number to a majority of the qualified	54542
electors voting at the last general election file with the board	54543
of education a petition of remonstrance against the transfer. If	54544
the resolution becomes legally effective, both of the following	54545
shall apply:	54546

(1) The resolution that established the cooperative education	54547
school district pursuant to divisions (A) to (C) of section	54548
3311.52 or section 3311.521 of the Revised Code shall be amended	54549
to reflect the addition of the new district to the cooperative	54550
district.	54551

(2) The board of education of the cooperative education	54552
school district shall give written notice of this fact to the	54553
county auditor and the board of elections of each county in which	54554
the school district becoming a part of the cooperative education	54555
school district has territory. Any such county auditor shall	54556
thereupon have any outstanding levy for building purposes, bond	54557
retirement, or current expenses in force in the cooperative	54558
education school district spread over the territory of the school	54559
district becoming a part of the cooperative education school	54560
district.	54561

(C) If the board of education of the cooperative education	54562
school district is not the governing board of an educational	54563
service center, the board of education of the cooperative	54564
education school district shall, on the addition of a city, local,	54565
or exempted village school district to the district pursuant to	54566
this section, submit to the state board of education a proposal to	54567
enlarge the membership of the board. In the case of a cooperative	54568
district established pursuant to divisions (A) to (C) of section	54569
3311.52 of the Revised Code, the proposal shall add one or more	54570
persons to the district's board, at least one of whom shall be a	54571
member of or selected by the board of education of the additional	54572
school district, and shall specify the term of each such	54573
additional member. In the case of a cooperative district	54574
established pursuant to section 3311.521 of the Revised Code, the	54575
proposal shall add two or more persons to the district's board, at	54576
least two of whom shall be a member of or selected by the board of	54577
education of the additional school district, and shall specify the	54578
term of each such additional member. On approval by the state	54579
board of education, the additional members shall be added to the	54580
cooperative education school district board of education.	54581

Sec. 3311.73. (A) No later than ninety days before the	54582
general election held in the first even-numbered year occurring at	54583
least four years after the date it assumed control of the	54584
municipal school district pursuant to division (B) of section	54585
3311.71 of the Revised Code, the board of education appointed	54586
under that division shall notify the board of elections of each	54587
county containing territory of the municipal school district of	54588
the referendum election required by division (B) of this section.	54589

(B) At the general election held in the first even-numbered	54590
year occurring at least four years after the date the new board	54591
assumed control of a municipal school district pursuant to	54592
division (B) of section 3311.71 of the Revised Code, the following	54593
question shall be submitted to the electors residing in the school	54594
district:	54595

"Shall the mayor of ..... (here insert the name of the	54596
applicable municipal corporation) continue to appoint the members	54597
of the board of education of the ..... (here insert the name of	54598
the municipal school district)?"	54599

The board of elections of the county in which the majority of	54600
the school district's territory is located shall make all	54601
necessary arrangements for the submission of the question to the	54602
electors, and the election shall be conducted, canvassed, and	54603
certified in the same manner as regular elections in the district	54604
for the election of county officers, provided that in any such	54605
election in which only part of the electors of a precinct are	54606
qualified to vote, the board of elections may assign voters in	54607
such part to an adjoining precinct. Such an assignment may be made	54608
to an adjoining precinct in another county with the consent and	54609
approval of the board of elections of such other county. Notice of	54610
the election shall be published in a newspaper of general	54611
circulation in the school district once a week for two consecutive	54612
weeks, or as provided in section 7.16 of the Revised Code, prior	54613
to the election~~, and, if~~. If the board of elections operates and	54614
maintains a web site, the board of elections shall post notice of	54615
the election on its web site for thirty days prior to the	54616
election. The notice shall state the question on which the	54617
election is being held. The ballot shall be in the form prescribed	54618
by the secretary of state. Costs of submitting the question to the	54619
electors shall be charged to the municipal school district in	54620
accordance with section 3501.17 of the Revised Code.	54621

(C) If a majority of electors voting on the issue proposed in	54622
division (B) of this section approve the question, the mayor shall	54623
appoint a new board on the immediately following first day of July	54624
pursuant to division (F) of section 3311.71 of the Revised Code.	54625

(D) If a majority of electors voting on the issue proposed in	54626
division (B) of this section disapprove the question, a new	54627
seven-member board of education shall be elected at the next	54628
regular election occurring in November of an odd-numbered year. At	54629
such election, four members shall be elected for terms of four	54630
years and three members shall be elected for terms of two years.	54631
Thereafter, their successors shall be elected in the same manner	54632
and for the same terms as members of boards of education of a city	54633
school district. All members of the board of education of a	54634
municipal school district appointed pursuant to division (B) of	54635
section 3311.71 of the Revised Code shall continue to serve after	54636
the end of the terms to which they were appointed until their	54637
successors are qualified and assume office in accordance with	54638
section 3313.09 of the Revised Code.	54639

Sec. 3311.76. (A) Notwithstanding Chapters 3302.~~, 3306.,~~ and	54640
3317. of the Revised Code, upon written request of the district	54641
chief executive officer the state superintendent of public	54642
instruction may exempt a municipal school district from any rules	54643
adopted under Title XXXIII of the Revised Code except for any rule	54644
adopted under Chapter 3307. or 3309., sections 3319.07 to 3319.21,	54645
or Chapter 3323. of the Revised Code, and may authorize a	54646
municipal school district to apply funds allocated to the district	54647
under ~~Chapters 3306. and~~Chapter 3317. of the Revised Code, except	54648
those specifically allocated to purposes other than current	54649
expenses, to the payment of debt charges on the district's public	54650
obligations. The request must specify the provisions from which	54651
the district is seeking exemption or the application requested and	54652
the reasons for the request. The state superintendent shall	54653
approve the request if the superintendent finds the requested	54654
exemption or application is in the best interest of the district's	54655
students. The superintendent shall approve or disapprove the	54656
request within thirty days and shall notify the district board and	54657
the district chief executive officer of approval or reasons for	54658
disapproving the request.	54659

(B) In addition to the rights, authority, and duties	54660
conferred upon a municipal school district and its board of	54661
education in sections 3311.71 to 3311.76 of the Revised Code, a	54662
municipal school district and its board shall have all of the	54663
rights, authority, and duties conferred upon a city school	54664
district and its board by law that are not inconsistent with	54665
sections 3311.71 to 3311.76 of the Revised Code.	54666

Sec. 3313.29. The treasurer of each board of education shall	54667
keep an account of all school funds of the district. The treasurer	54668
shall receive all vouchers for payments and disbursements made to	54669
and by the board and preserve such vouchers for a period of ten	54670
years unless copied or reproduced according to the procedure	54671
prescribed in section 9.01 of the Revised Code. Thereafter, such	54672
vouchers may be destroyed by the treasurer upon applying to and	54673
obtaining an order from the school district records commission in	54674
the manner prescribed by section ~~149.41~~149.381 of the Revised	54675
Code, except that it shall not be necessary to copy or reproduce	54676
such vouchers before their destruction. The treasurer shall render	54677
a statement to the board and to the superintendent of the school	54678
district, monthly, or more often if required, showing the revenues	54679
and receipts from whatever sources derived, the various	54680
appropriations made by the board, the expenditures and	54681
disbursements therefrom, the purposes thereof, the balances	54682
remaining in each appropriation, and the assets and liabilities of	54683
the school district. At the end of the fiscal year such statement	54684
shall be a complete exhibit of the financial affairs of the school	54685
district which may be published and distributed with the approval	54686
of the board. All monthly and yearly statements as required in	54687
this section shall be available for examination by the public.	54688

On request of the principal or other chief administrator of	54689
any nonpublic school located within the school district's	54690
territory, the treasurer shall provide such principal or	54691
administrator with an account of the moneys received by the	54692
district under division ~~(I)~~(E) of section 3317.024 of the Revised	54693
Code as reported to the district's board in the treasurer's most	54694
recent monthly statement.	54695

Sec. 3313.372. (A) As used in this section, "energy	54696
conservation measure" means an installation or modification of an	54697
installation in, or remodeling of, a building, to reduce energy	54698
consumption. It includes:	54699

(1) Insulation of the building structure and systems within	54700
the building;	54701

(2) Storm windows and doors, multiglazed windows and doors,	54702
heat absorbing or heat reflective glazed and coated window and	54703
door systems, additional glazing, reductions in glass area, and	54704
other window and door system modifications that reduce energy	54705
consumption;	54706

(3) Automatic energy control systems;

54707

(4) Heating, ventilating, or air conditioning system	54708
modifications or replacements;	54709

(5) Caulking and weatherstripping;

54710

(6) Replacement or modification of lighting fixtures to	54711
increase the energy efficiency of the system without increasing	54712
the overall illumination of a facility, unless such increase in	54713
illumination is necessary to conform to the applicable state or	54714
local building code for the proposed lighting system;	54715

(7) Energy recovery systems;

54716

(8) Cogeneration systems that produce steam or forms of	54717
energy such as heat, as well as electricity, for use primarily	54718
within a building or complex of buildings;	54719

(9) Any other modification, installation, or remodeling	54720
approved by the Ohio school facilities commission as an energy	54721
conservation measure.	54722

(B) A board of education of a city, exempted village, local,	54723
or joint vocational school district may enter into an installment	54724
payment contract for the purchase and installation of energy	54725
conservation measures. The provisions of such installment payment	54726
contracts dealing with interest charges and financing terms shall	54727
not be subject to the competitive bidding requirements of section	54728
3313.46 of the Revised Code, and shall be on the following terms:	54729

(1) Not less than one-fifteenth of the costs thereof shall be	54730
paid within two years from the date of purchase.	54731

(2) The remaining balance of the costs thereof shall be paid	54732
within fifteen years from the date of purchase.	54733

An installment payment contract entered into by a board of	54734
education under this section shall require the board to contract	54735
in accordance with division (A) of section 3313.46 of the Revised	54736
Code for the installation, modification, or remodeling of energy	54737
conservation measures unless division (A) of section 3313.46 of	54738
the Revised Code does not apply pursuant to division (B)(3) of	54739
that section.	54740

(C) The board may issue the notes of the school district	54741
signed by the president and the treasurer of the board and	54742
specifying the terms of the purchase and securing the deferred	54743
payments provided in this section, payable at the times provided	54744
and bearing interest at a rate not exceeding the rate determined	54745
as provided in section 9.95 of the Revised Code. The notes may	54746
contain an option for prepayment and shall not be subject to	54747
Chapter 133. of the Revised Code. In the resolution authorizing	54748
the notes, the board may provide, without the vote of the electors	54749
of the district, for annually levying and collecting taxes in	54750
amounts sufficient to pay the interest on and retire the notes,	54751
except that the total net indebtedness of the district without a	54752
vote of the electors incurred under this and all other sections of	54753
the Revised Code, except section 3318.052 of the Revised Code,	54754
shall not exceed one per cent of the district's tax valuation.	54755
Revenues derived from local taxes or otherwise, for the purpose of	54756
conserving energy or for defraying the current operating expenses	54757
of the district, may be applied to the payment of interest and the	54758
retirement of such notes. The notes may be sold at private sale or	54759
given to the contractor under the installment payment contract	54760
authorized by division (B) of this section.	54761

(D) Debt incurred under this section shall not be included in	54762
the calculation of the net indebtedness of a school district under	54763
section 133.06 of the Revised Code.	54764

(E) No school district board shall enter into an installment	54765
payment contract under division (B) of this section unless it	54766
first obtains a report of the costs of the energy conservation	54767
measures and the savings thereof as described under division (G)	54768
of section 133.06 of the Revised Code as a requirement for issuing	54769
energy securities, makes a finding that the amount spent on such	54770
measures is not likely to exceed the amount of money it would save	54771
in energy costs and resultant operational and maintenance costs as	54772
described in that division, except that that finding shall cover	54773
the ensuing fifteen years, and the Ohio school facilities	54774
commission determines that the district board's findings are	54775
reasonable and approves the contract as described in that	54776
division.	54777

The district board shall monitor the savings and maintain a	54778
report of those savings, which shall be ~~available~~submitted to the	54779
commission in the same manner as required by division (G) of	54780
section 133.06 of the Revised Code in the case of energy	54781
securities.	54782

Sec. 3313.41. (A) Except as provided in divisions (C), (D),	54783
(F), and (G) of this section, when a board of education decides to	54784
dispose of real or personal property that it owns in its corporate	54785
capacity and that exceeds in value ten thousand dollars, it shall	54786
sell the property at public auction, after giving at least thirty	54787
days' notice of the auction by publication in a newspaper of	54788
general circulation in the school district, by publication as	54789
provided in section 7.16 of the Revised Code, or by posting	54790
notices in five of the most public places in the school district	54791
in which the property, if it is real property, is situated, or, if	54792
it is personal property, in the school district of the board of	54793
education that owns the property. The board may offer real	54794
property for sale as an entire tract or in parcels.	54795

(B) When the board of education has offered real or personal	54796
property for sale at public auction at least once pursuant to	54797
division (A) of this section, and the property has not been sold,	54798
the board may sell it at a private sale. Regardless of how it was	54799
offered at public auction, at a private sale, the board shall, as	54800
it considers best, sell real property as an entire tract or in	54801
parcels, and personal property in a single lot or in several lots.	54802

(C) If a board of education decides to dispose of real or	54803
personal property that it owns in its corporate capacity and that	54804
exceeds in value ten thousand dollars, it may sell the property to	54805
the adjutant general; to any subdivision or taxing authority as	54806
respectively defined in divisions (A) and (C) of section 5705.01	54807
of the Revised Code, township park district, board of park	54808
commissioners established under Chapter 755. of the Revised Code,	54809
or park district established under Chapter 1545. of the Revised	54810
Code; to a wholly or partially tax-supported university,	54811
university branch, or college; or to the board of trustees of a	54812
school district library, upon such terms as are agreed upon. The	54813
sale of real or personal property to the board of trustees of a	54814
school district library is limited, in the case of real property,	54815
to a school district library within whose boundaries the real	54816
property is situated, or, in the case of personal property, to a	54817
school district library whose boundaries lie in whole or in part	54818
within the school district of the selling board of education.	54819

(D) When a board of education decides to trade as a part or	54820
an entire consideration, an item of personal property on the	54821
purchase price of an item of similar personal property, it may	54822
trade the same upon such terms as are agreed upon by the parties	54823
to the trade.	54824

(E) The president and the treasurer of the board of education	54825
shall execute and deliver deeds or other necessary instruments of	54826
conveyance to complete any sale or trade under this section.	54827

(F) When a board of education has identified a parcel of real	54828
property that it determines is needed for school purposes, the	54829
board may, upon a majority vote of the members of the board,	54830
acquire that property by exchanging real property that the board	54831
owns in its corporate capacity for the identified real property or	54832
by using real property that the board owns in its corporate	54833
capacity as part or an entire consideration for the purchase price	54834
of the identified real property. Any exchange or acquisition made	54835
pursuant to this division shall be made by a conveyance executed	54836
by the president and the treasurer of the board.	54837

(G)~~(1)~~ When a school district board of education decides to	54838
dispose of real property suitable for use as classroom space,	54839
prior to disposing of that property under divisions (A) to (F) of	54840
this section, it shall first offer that property for sale to the	54841
governing authorities of the start-up community schools	54842
established under Chapter 3314. of the Revised Code located within	54843
the territory of the school district, at a price that is not	54844
higher than the appraised fair market value of that property. If	54845
more than one community school governing authority accepts the	54846
offer made by the school district board, the board shall sell the	54847
property to the governing authority that accepted the offer first	54848
in time. If no community school governing authority accepts the	54849
offer within sixty days after the offer is made by the school	54850
district board, the board may dispose of the property in the	54851
applicable manner prescribed under divisions (A) to (F) of this	54852
section.	54853

~~(2) When a school district board of education has not used~~	54854
~~real property suitable for classroom space for academic~~	54855
~~instruction, administration, storage, or any other educational~~	54856
~~purpose for one full school year and has not adopted a resolution~~	54857
~~outlining a plan for using that property for any of those purposes~~	54858
~~within the next three school years, it shall offer that property~~	54859
~~for sale to the governing authorities of the start-up community~~	54860
~~schools established under Chapter 3314. of the Revised Code~~	54861
~~located within the territory of the school district, at a price~~	54862
~~that is not higher than the appraised fair market value of that~~	54863
~~property. If more than one community school governing authority~~	54864
~~accepts the offer made by the school district board, the board~~	54865
~~shall sell the property to the governing authority that accepted~~	54866
~~the offer first in time.~~	54867

(H) When a school district board of education has property	54868
that the board, by resolution, finds is not needed for school	54869
district use, is obsolete, or is unfit for the use for which it	54870
was acquired, the board may donate that property in accordance	54871
with this division if the fair market value of the property is, in	54872
the opinion of the board, two thousand five hundred dollars or	54873
less.	54874

The property may be donated to an eligible nonprofit	54875
organization that is located in this state and is exempt from	54876
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3).	54877
Before donating any property under this division, the board shall	54878
adopt a resolution expressing its intent to make unneeded,	54879
obsolete, or unfit-for-use school district property available to	54880
these organizations. The resolution shall include guidelines and	54881
procedures the board considers to be necessary to implement the	54882
donation program and shall indicate whether the school district	54883
will conduct the donation program or the board will contract with	54884
a representative to conduct it. If a representative is known when	54885
the resolution is adopted, the resolution shall provide contact	54886
information such as the representative's name, address, and	54887
telephone number.	54888

The resolution shall include within its procedures a	54889
requirement that any nonprofit organization desiring to obtain	54890
donated property under this division shall submit a written notice	54891
to the board or its representative. The written notice shall	54892
include evidence that the organization is a nonprofit organization	54893
that is located in this state and is exempt from federal income	54894
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	54895
the organization's primary purpose; a description of the type or	54896
types of property the organization needs; and the name, address,	54897
and telephone number of a person designated by the organization's	54898
governing board to receive donated property and to serve as its	54899
agent.	54900

After adoption of the resolution, the board shall publish, in	54901
a newspaper of general circulation in the school district or as	54902
provided in section 7.16 of the Revised Code, notice of its intent	54903
to donate unneeded, obsolete, or unfit-for-use school district	54904
property to eligible nonprofit organizations. The notice shall	54905
include a summary of the information provided in the resolution	54906
and shall be published ~~at least~~ twice. The second ~~and any~~	54907
~~subsequent~~ notice shall be published not less than ten nor more	54908
than twenty days after the previous notice. A similar notice also	54909
shall be posted continually in the board's office~~, and, if~~. If the	54910
school district maintains a web site on the internet, the notice	54911
shall be posted continually at that web site.	54912

The board or its representatives shall maintain a list of all	54913
nonprofit organizations that notify the board or its	54914
representative of their desire to obtain donated property under	54915
this division and that the board or its representative determines	54916
to be eligible, in accordance with the requirements set forth in	54917
this section and in the donation program's guidelines and	54918
procedures, to receive donated property.	54919

The board or its representative also shall maintain a list of	54920
all school district property the board finds to be unneeded,	54921
obsolete, or unfit for use and to be available for donation under	54922
this division. The list shall be posted continually in a	54923
conspicuous location in the board's office, and, if the school	54924
district maintains a web site on the internet, the list shall be	54925
posted continually at that web site. An item of property on the	54926
list shall be donated to the eligible nonprofit organization that	54927
first declares to the board or its representative its desire to	54928
obtain the item unless the board previously has established, by	54929
resolution, a list of eligible nonprofit organizations that shall	54930
be given priority with respect to the item's donation. Priority	54931
may be given on the basis that the purposes of a nonprofit	54932
organization have a direct relationship to specific school	54933
district purposes of programs provided or administered by the	54934
board. A resolution giving priority to certain nonprofit	54935
organizations with respect to the donation of an item of property	54936
shall specify the reasons why the organizations are given that	54937
priority.	54938

Members of the board shall consult with the Ohio ethics	54939
commission, and comply with Chapters 102. and 2921. of the Revised	54940
Code, with respect to any donation under this division to a	54941
nonprofit organization of which a board member, any member of a	54942
board member's family, or any business associate of a board member	54943
is a trustee, officer, board member, or employee.	54944

Sec. 3313.411. (A) As used in this section, "unused school	54945
facilities" means any real property that has been used by a school	54946
district for school operations, including, but not limited to,	54947
academic instruction or administration, since July 1, 1998, but	54948
has not been used in that capacity for two years.	54949

(B) On and after the effective date of this section, any	54950
school district board of education shall offer any unused school	54951
facilities it owns in its corporate capacity for lease to the	54952
governing authorities of community schools established under	54953
Chapter 3314. of the Revised Code that are located within the	54954
territory of the school district. If more than one community	54955
school governing authority accepts the offer to lease that	54956
property, the district board shall lease the property to the	54957
governing authority of the community school with the highest	54958
ranking according to performance index score, as defined in	54959
section 3302.01 of the Revised Code.	54960

The price offered by the district board shall be as follows:

54961

(1) For community schools ranked in the top fifty per cent of	54962
all school district buildings, community schools, and STEM schools	54963
statewide, one dollar;	54964

(2) For all other community schools, an amount not higher	54965
than the fair market value of the leasehold in the neighborhood	54966
and community.	54967

If no community school governing authority accepts the offer	54968
to lease the property within sixty days after the offer is made,	54969
the district board may offer the property for lease to any other	54970
entity.	54971

(C) Notwithstanding division (B) of this section, a school	54972
district board may renew any agreement it originally entered into	54973
prior to the effective date of this section to lease real property	54974
to an entity other than a community school. Nothing in this	54975
section shall affect the leasehold arrangements between the	54976
district board and that other entity.	54977

Sec. 3313.46. (A) In addition to any other law governing the	54978
bidding for contracts by the board of education of any school	54979
district, when any such board determines to build, repair,	54980
enlarge, improve, or demolish any school building, the cost of	54981
which will exceed twenty-five thousand dollars, except in cases of	54982
urgent necessity, or for the security and protection of school	54983
property, and except as otherwise provided in division (D) of	54984
section 713.23 and in section 125.04 of the Revised Code, all of	54985
the following shall apply:	54986

(1) The board shall cause to be prepared the plans,	54987
specifications, and related information as required in divisions	54988
(A)~~, (B)~~(1), (2), and ~~(D)~~(4) of section 153.01 of the Revised Code	54989
unless the board determines that other information is sufficient	54990
to inform any bidders of the board's requirements. However, if the	54991
board determines that such other information is sufficient for	54992
bidding a project, the board shall not engage in the construction	54993
of any such project involving the practice of professional	54994
engineering, professional surveying, or architecture, for which	54995
plans, specifications, and estimates have not been made by, and	54996
the construction thereof inspected by, a licensed professional	54997
engineer, licensed professional surveyor, or registered architect.	54998

(2) The board shall advertise for bids once each week for a	54999
period of not less than two consecutive weeks, or as provided in	55000
section 7.16 of the Revised Code, in a newspaper of general	55001
circulation in the district before the date specified by the board	55002
for receiving bids. The board may also cause notice to be inserted	55003
in trade papers or other publications designated by it or to be	55004
distributed by electronic means, including posting the notice on	55005
the board's internet web site. If the board posts the notice on	55006
its web site, it may eliminate the second notice otherwise	55007
required to be published in a newspaper of general circulation	55008
within the school district, provided that the first notice	55009
published in such newspaper meets all of the following	55010
requirements:	55011

(a) It is published at least two weeks before the opening of	55012
bids.	55013

(b) It includes a statement that the notice is posted on the	55014
board of education's internet web site.	55015

(c) It includes the internet address of the board's internet	55016
web site.	55017

(d) It includes instructions describing how the notice may be	55018
accessed on the board's internet web site.	55019

(3) Unless the board extends the time for the opening of bids	55020
they shall be opened at the time and place specified by the board	55021
in the advertisement for the bids.	55022

(4) Each bid shall contain the name of every person	55023
interested therein. Each bid shall meet the requirements of	55024
section 153.54 of the Revised Code.	55025

(5) When both labor and materials are embraced in the work	55026
bid for, the board may require that each be separately stated in	55027
the bid, with the price thereof, or may require that bids be	55028
submitted without such separation.	55029

(6) None but the lowest responsible bid shall be accepted.	55030
The board may reject all the bids, or accept any bid for both	55031
labor and material for such improvement or repair, which is the	55032
lowest in the aggregate. In all other respects, the award of	55033
contracts for improvement or repair, but not for purchases made	55034
under section 3327.08 of the Revised Code, shall be pursuant to	55035
section 153.12 of the Revised Code.	55036

(7) The contract shall be between the board and the bidders.	55037
The board shall pay the contract price for the work pursuant to	55038
sections 153.13 and 153.14 of the Revised Code. The board shall	55039
approve and retain the estimates referred to in section 153.13 of	55040
the Revised Code and make them available to the auditor of state	55041
upon request.	55042

(8) When two or more bids are equal, in the whole, or in any	55043
part thereof, and are lower than any others, either may be	55044
accepted, but in no case shall the work be divided between such	55045
bidders.	55046

(9) When there is reason to believe there is collusion or	55047
combination among the bidders, or any number of them, the bids of	55048
those concerned therein shall be rejected.	55049

(B) Division (A) of this section does not apply to the board	55050
of education of any school district in any of the following	55051
situations:	55052

(1) The acquisition of educational materials used in	55053
teaching.	55054

(2) If the board determines and declares by resolution	55055
adopted by two-thirds of all its members that any item is	55056
available and can be acquired only from a single source.	55057

(3) If the board declares by resolution adopted by two-thirds	55058
of all its members that division (A) of this section does not	55059
apply to any installation, modification, or remodeling involved in	55060
any energy conservation measure undertaken through an installment	55061
payment contract under section 3313.372 of the Revised Code or	55062
undertaken pursuant to division (G) of section 133.06 of the	55063
Revised Code.	55064

(4) The acquisition of computer software for instructional	55065
purposes and computer hardware for instructional purposes pursuant	55066
to division (B)(4) of section 3313.37 of the Revised Code.	55067

(C) No resolution adopted pursuant to division (B)(2) or (3)	55068
of this section shall have any effect on whether sections 153.12	55069
to 153.14 and 153.54 of the Revised Code apply to the board of	55070
education of any school district with regard to any item.	55071

~~Sec. 3314.20.~~ Sec. 3313.473. This section does not apply to any	55072
school district declared to be excellent or effective pursuant to	55073
division (B)(1) or (2) of section 3302.03 of the Revised Code.	55074

(A) The state board of education shall adopt rules requiring	55075
school districts with a total student count of over five thousand,	55076
as determined pursuant to section 3317.03 of the Revised Code, to	55077
designate one school building to be operated by a site-based	55078
management council. The rules shall specify the composition of the	55079
council and the manner in which members of the council are to be	55080
selected and removed.	55081

(B) The rules adopted under division (A) of this section	55082
shall specify those powers, duties, functions, and	55083
responsibilities that shall be vested in the management council	55084
and that would otherwise be exercised by the district board of	55085
education. The rules shall also establish a mechanism for	55086
resolving any differences between the council and the district	55087
board if there is disagreement as to their respective powers,	55088
duties, functions, and responsibilities.	55089

(C) The board of education of any school district described	55090
by division (A) of this section may, in lieu of complying with the	55091
rules adopted under this section, file with the department of	55092
education an alternative structure for a district site-based	55093
management program in at least one of its school buildings. The	55094
proposal shall specify the composition of the council, which shall	55095
include an equal number of parents and teachers and the building	55096
principal, and the method of selection and removal of the council	55097
members. The proposal shall also clearly delineate the respective	55098
powers, duties, functions, and responsibilities of the district	55099
board and the council. The district's proposal shall comply	55100
substantially with the rules adopted under division (A) of this	55101
section.	55102

Sec. 3313.482. (A) Annually, prior to the first day of	55103
September, the board of education of each city, local, and	55104
exempted village school district shall adopt a resolution	55105
specifying a contingency plan under which the district's students	55106
will make up days on which it was necessary to close schools for	55107
any of the reasons specified in ~~division (A)(2) of section 3306.01~~	55108
~~and~~ division (B) of section 3317.01 of the Revised Code, if any	55109
such days must be made up in order to comply with the requirements	55110
of sections ~~3306.01,~~ 3313.48, 3313.481, and 3317.01 of the Revised	55111
Code. The plan shall provide for making up at least five school	55112
days. The plan may provide for making up some or all of the days a	55113
school is closed by increasing the length of other school days in	55114
the manner authorized in division (B) of this section. No	55115
resolution adopted pursuant to this division shall conflict with	55116
any collective bargaining agreement into which a board has entered	55117
pursuant to Chapter 4117. of the Revised Code and that is in	55118
effect in the district.	55119

(B) Notwithstanding anything to the contrary in the	55120
contingency plan it adopts under division (A) of this section, if	55121
a school district closes or evacuates any school building for any	55122
of the reasons specified in ~~division (A)(2) of section 3306.01 and~~	55123
division (B) of section 3317.01 of the Revised Code, or as a	55124
result of a bomb threat or any other report of an alleged or	55125
impending explosion, and if, as a result of the closing or	55126
evacuation, the school district would be unable to meet the	55127
requirements of sections ~~3306.01,~~ 3313.48, 3313.481, and 3317.01	55128
of the Revised Code regarding the number of days schools must be	55129
open for instruction or the requirements of the state minimum	55130
standards for the school day that are established by the	55131
department of education regarding the number of hours there must	55132
be in the school day, the school district may increase the length	55133
of one or more other school days for the school that was closed or	55134
evacuated, in increments of one-half hour, to make up the number	55135
of hours or days that the school building in question was so	55136
closed or evacuated for the purpose of satisfying the requirements	55137
of those sections.	55138

A school district that makes up, as described in this	55139
division, all of the hours or days that its school buildings were	55140
closed or evacuated for any of the reasons identified in this	55141
division shall be deemed to have complied with the requirements of	55142
sections ~~3306.01,~~ 3313.48, 3313.481, and 3317.01 of the Revised	55143
Code regarding the number of days schools must be open for	55144
instruction and the requirements of the state minimum standards	55145
regarding the number of hours there must be in the school day.	55146

Sec. 3313.533. (A) The board of education of a city,	55147
exempted village, or local school district may adopt a resolution	55148
to establish and maintain an alternative school in accordance with	55149
this section. The resolution shall specify, but not necessarily be	55150
limited to, all of the following:	55151

(1) The purpose of the school, which purpose shall be to	55152
serve students who are on suspension, who are having truancy	55153
problems, who are experiencing academic failure, who have a	55154
history of class disruption, who are exhibiting other academic or	55155
behavioral problems specified in the resolution, or who have been	55156
discharged or released from the custody of the department of youth	55157
services under section 5139.51 of the Revised Code;	55158

(2) The grades served by the school, which may include any of	55159
grades kindergarten through twelve;	55160

(3) A requirement that the school be operated in accordance	55161
with this section. The board of education adopting the resolution	55162
under division (A) of this section shall be the governing board of	55163
the alternative school. The board shall develop and implement a	55164
plan for the school in accordance with the resolution establishing	55165
the school and in accordance with this section. Each plan shall	55166
include, but not necessarily be limited to, all of the following:	55167

(a) Specification of the reasons for which students will be	55168
accepted for assignment to the school and any criteria for	55169
admission that are to be used by the board to approve or	55170
disapprove the assignment of students to the school;	55171

(b) Specification of the criteria and procedures that will be	55172
used for returning students who have been assigned to the school	55173
back to the regular education program of the district;	55174

(c) An evaluation plan for assessing the effectiveness of the	55175
school and its educational program and reporting the results of	55176
the evaluation to the public.	55177

(B) Notwithstanding any provision of Title XXXIII of the	55178
Revised Code to the contrary, the alternative school plan may	55179
include any of the following:	55180

(1) A requirement that on each school day students must	55181
attend school or participate in other programs specified in the	55182
plan or by the chief administrative officer of the school for a	55183
period equal to the minimum school day set by the state board of	55184
education under section 3313.48 of the Revised Code plus any	55185
additional time required in the plan or by the chief	55186
administrative officer;	55187

(2) Restrictions on student participation in extracurricular	55188
or interscholastic activities;	55189

(3) A requirement that students wear uniforms prescribed by	55190
the district board of education.	55191

(C) In accordance with the alternative school plan, the	55192
district board of education may employ teachers and nonteaching	55193
employees necessary to carry out its duties and fulfill its	55194
responsibilities or may contract with a nonprofit or for profit	55195
entity to operate the alternative school, including the provision	55196
of personnel, supplies, equipment, or facilities.	55197

(D) An alternative school may be established in all or part	55198
of a school building.	55199

(E) If a district board of education elects under this	55200
section, or is required by section 3313.534 of the Revised Code,	55201
to establish an alternative school, the district board may join	55202
with the board of education of one or more other districts to form	55203
a joint alternative school by forming a cooperative education	55204
school district under section 3311.52 or 3311.521 of the Revised	55205
Code, or a joint educational program under section 3313.842 of the	55206
Revised Code. The authority to employ personnel or to contract	55207
with a nonprofit or for profit entity under division (C) of this	55208
section applies to any alternative school program established	55209
under this division.	55210

(F) Any individual employed as a teacher at an alternative	55211
school operated by a nonprofit or for profit entity under this	55212
section shall be licensed and shall be subject to background	55213
checks, as described in section 3319.39 of the Revised Code, in	55214
the same manner as an individual employed by a school district.	55215

(G) Division (G) of this section applies only to any	55216
alternative school that is operated by a nonprofit or for profit	55217
entity under contract with the school district.	55218

(1) In addition to the specifications authorized under	55219
division (B) of this section, any plan adopted under that division	55220
for an alternative school to which division (G) of this section	55221
also applies shall include the following:	55222

(a) A description of the educational program provided at the	55223
alternative school, which shall include:	55224

(i) Provisions for the school to be configured in clusters or	55225
small learning communities;	55226

(ii) Provisions for the incorporation of education technology	55227
into the curriculum;	55228

(iii) Provisions for accelerated learning programs in reading	55229
and mathematics.	55230

(b) A method to determine the reading and mathematics level	55231
of each student assigned to the alternative school and a method to	55232
continuously monitor each student's progress in those areas. The	55233
methods employed under this division shall be aligned with the	55234
curriculum adopted by the school district board of education under	55235
section 3313.60 of the Revised Code.	55236

(c) A plan for social services to be provided at the	55237
alternative school, such as, but not limited to, counseling	55238
services, psychological support services, and enrichment programs;	55239

(d) A plan for a student's transition from the alternative	55240
school back to a school operated by the school district;	55241

(e) A requirement that the alternative school maintain	55242
financial records in a manner that is compatible with the form	55243
prescribed for school districts by the auditor of state to enable	55244
the district to comply with any rules adopted by the auditor of	55245
state.	55246

(2) Notwithstanding division (A)(2) of this section, any	55247
alternative school to which division (G) of this section applies	55248
shall include only grades six through twelve.	55249

(3) Notwithstanding anything in division (A)(3)(a) of this	55250
section to the contrary, the characteristics of students who may	55251
be assigned to an alternative school to which division (G) of this	55252
section applies shall include only disruptive and low-performing	55253
students.	55254

(H) When any district board of education determines to	55255
contract with a nonprofit or for profit entity to operate an	55256
alternative school under this section, the board shall use the	55257
procedure set forth in this division.	55258

(1) The board shall publish notice of a request for proposals	55259
in a newspaper of general circulation in the district once each	55260
week for a period of ~~at least~~ two consecutive weeks, or as	55261
provided in section 7.16 of the Revised Code, prior to the date	55262
specified by the board for receiving proposals. Notices of	55263
requests for proposals shall contain a general description of the	55264
subject of the proposed contract and the location where the	55265
request for proposals may be obtained. The request for proposals	55266
shall include all of the following information:	55267

(a) Instructions and information to respondents concerning	55268
the submission of proposals, including the name and address of the	55269
office where proposals are to be submitted;	55270

(b) Instructions regarding communications, including at least	55271
the names, titles, and telephone numbers of persons to whom	55272
questions concerning a proposal may be directed;	55273

(c) A description of the performance criteria that will be	55274
used to evaluate whether a respondent to which a contract is	55275
awarded is meeting the district's educational standards or the	55276
method by which such performance criteria will be determined;	55277

(d) Factors and criteria to be considered in evaluating	55278
proposals, the relative importance of each factor or criterion,	55279
and a description of the evaluation procedures to be followed;	55280

(e) Any terms or conditions of the proposed contract,	55281
including any requirement for a bond and the amount of such bond;	55282

(f) Documents that may be incorporated by reference into the	55283
request for proposals, provided that the request for proposals	55284
specifies where such documents may be obtained and that such	55285
documents are readily available to all interested parties.	55286

(2) After the date specified for receiving proposals, the	55287
board shall evaluate the submitted proposals and may hold	55288
discussions with any respondent to ensure a complete understanding	55289
of the proposal and the qualifications of such respondent to	55290
execute the proposed contract. Such qualifications shall include,	55291
but are not limited to, all of the following:	55292

(a) Demonstrated competence in performance of the required	55293
services as indicated by effective implementation of educational	55294
programs in reading and mathematics and at least three years of	55295
experience successfully serving a student population similar to	55296
the student population assigned to the alternative school;	55297

(b) Demonstrated performance in the areas of cost	55298
containment, the provision of educational services of a high	55299
quality, and any other areas determined by the board;	55300

(c) Whether the respondent has the resources to undertake the	55301
operation of the alternative school and to provide qualified	55302
personnel to staff the school;	55303

(d) Financial responsibility.

55304

(3) The board shall select for further review at least three	55305
proposals from respondents the board considers qualified to	55306
operate the alternative school in the best interests of the	55307
students and the district. If fewer than three proposals are	55308
submitted, the board shall select each proposal submitted. The	55309
board may cancel a request for proposals or reject all proposals	55310
at any time prior to the execution of a contract.	55311

The board may hold discussions with any of the three selected	55312
respondents to clarify or revise the provisions of a proposal or	55313
the proposed contract to ensure complete understanding between the	55314
board and the respondent of the terms under which a contract will	55315
be entered. Respondents shall be accorded fair and equal treatment	55316
with respect to any opportunity for discussion regarding	55317
clarifications or revisions. The board may terminate or	55318
discontinue any further discussion with a respondent upon written	55319
notice.	55320

(4) Upon further review of the three proposals selected by	55321
the board, the board shall award a contract to the respondent the	55322
board considers to have the most merit, taking into consideration	55323
the scope, complexity, and nature of the services to be performed	55324
by the respondent under the contract.	55325

(5) Except as provided in division (H)(6) of this section,	55326
the request for proposals, submitted proposals, and related	55327
documents shall become public records under section 149.43 of the	55328
Revised Code after the award of the contract.	55329

(6) Any respondent may request in writing that the board not	55330
disclose confidential or proprietary information or trade secrets	55331
contained in the proposal submitted by the respondent to the	55332
board. Any such request shall be accompanied by an offer of	55333
indemnification from the respondent to the board. The board shall	55334
determine whether to agree to the request and shall inform the	55335
respondent in writing of its decision. If the board agrees to	55336
nondisclosure of specified information in a proposal, such	55337
information shall not become a public record under section 149.43	55338
of the Revised Code. If the respondent withdraws its proposal at	55339
any time prior to the execution of a contract, the proposal shall	55340
not be a public record under section 149.43 of the Revised Code.	55341

(I) Upon a recommendation from the department and in	55342
accordance with section 3301.16 of the Revised Code, the state	55343
board of education may revoke the charter of any alternative	55344
school operated by a school district that violates this section.	55345

Sec. 3313.538. (A) No student who attends school in this	55346
state shall be denied the opportunity to participate in	55347
interscholastic athletics solely because the student's parents do	55348
not reside in this state, if the student resides in this state	55349
with the student's grandparent, uncle, aunt, or sibling who has	55350
legal or temporary custody of the student or is the guardian of	55351
the student.	55352

(B) No school district, school, interscholastic conference,	55353
or organization that regulates interscholastic conferences or	55354
events shall have a rule, bylaw, or other regulation that	55355
conflicts with this section.	55356

(C) As used in this section, "legal custody," "temporary	55357
custody," and "guardian" have the same meanings as in section	55358
2151.011 of the Revised Code.	55359

Sec. 3313.539. (A) As used in this section, "extracurricular	55360
activity" has the same meaning as in section 3313.537 of the	55361
Revised Code.	55362

(B) A student who is receiving home instruction in accordance	55363
with division (A)(2) of section 3321.04 of the Revised Code shall	55364
be afforded the opportunity to participate in any extracurricular	55365
activity offered at the traditional public school that is operated	55366
by the school district in which the student is entitled to attend	55367
school pursuant to section 3313.64 or 3313.65 of the Revised Code	55368
and to which the student otherwise would be assigned. If more than	55369
one such school operated by the school district serves the	55370
student's grade level, as determined by the district	55371
superintendent based on the student's age and academic	55372
performance, the student shall be afforded the opportunity to	55373
participate in any extracurricular activity offered at the school	55374
to which the student would be assigned by the superintendent	55375
pursuant to section 3319.01 of the Revised Code.	55376

(C) In order to participate in an extracurricular activity	55377
under this section, the student shall fulfill the same nonacademic	55378
and financial requirements as any other participant and shall	55379
fulfill either of the following academic requirements:	55380

(1) If the student received home instruction in the preceding	55381
school year, the student shall meet any academic requirements	55382
established by the state board of education for continuation of	55383
home instruction.	55384

(2) If the student did not receive home instruction in the	55385
preceding school year, the student's academic performance during	55386
the preceding school year shall have met any academic standards	55387
for eligibility to participate in the activity established by the	55388
school district.	55389

Any student who commences home instruction after the	55390
beginning of a school year and who is, at the time home	55391
instruction commences, ineligible to participate in	55392
extracurricular activities due to failure to meet academic	55393
standards or any other requirements of the district shall not	55394
participate in extracurricular activities under this section for	55395
the remainder of the school year.	55396

(D) No school or school district shall impose fees for a	55397
student to participate under this section that exceed any fees	55398
charged to other students participating in the same	55399
extracurricular activity.	55400

(E) No school district, interscholastic conference, or	55401
organization that regulates interscholastic conferences or events	55402
shall require a student who is eligible to participate in	55403
extracurricular activities under this section to meet eligibility	55404
requirements that conflict with this section.	55405

Sec. 3313.55. The board of education of any school district	55406
in which is located a state, district, county, or municipal	55407
hospital for children with epilepsy or any public institution,	55408
except state institutions for the care and treatment of	55409
delinquent, unstable, or socially maladjusted children, shall make	55410
provision for the education of all educable children therein;	55411
except that in the event another school district within the same	55412
county or an adjoining county is the source of sixty per cent or	55413
more of the children in said hospital or institution, the board of	55414
that school district shall make provision for the education of all	55415
the children therein. In any case in which a board provides	55416
educational facilities under this section, the board that provides	55417
the facilities shall be entitled to all moneys authorized for the	55418
attendance of pupils as provided in Chapter ~~3306. or~~ 3317. of the	55419
Revised Code, tuition as provided in section 3317.08 of the	55420
Revised Code, and such additional compensation as is provided for	55421
crippled children in sections 3323.01 to 3323.12 of the Revised	55422
Code. Any board that provides the educational facilities for	55423
children in county or municipal institutions established for the	55424
care and treatment of children who are delinquent, unstable, or	55425
socially maladjusted shall not be entitled to any moneys provided	55426
for crippled children in sections 3323.01 to 3323.12 of the	55427
Revised Code.	55428

Sec. 3313.603. (A) As used in this section:

55429

(1) "One unit" means a minimum of one hundred twenty hours of	55430
course instruction, except that for a laboratory course, "one	55431
unit" means a minimum of one hundred fifty hours of course	55432
instruction.	55433

(2) "One-half unit" means a minimum of sixty hours of course	55434
instruction, except that for physical education courses, "one-half	55435
unit" means a minimum of one hundred twenty hours of course	55436
instruction.	55437

(B) Beginning September 15, 2001, except as required in	55438
division (C) of this section and division (C) of section 3313.614	55439
of the Revised Code, the requirements for graduation from every	55440
high school shall include twenty units earned in grades nine	55441
through twelve and shall be distributed as follows:	55442

(1) English language arts, four units;

55443

(2) Health, one-half unit;

55444

(3) Mathematics, three units;

55445

(4) Physical education, one-half unit;

55446

(5) Science, two units until September 15, 2003, and three	55447
units thereafter, which at all times shall include both of the	55448
following:	55449

(a) Biological sciences, one unit;

55450

(b) Physical sciences, one unit.

55451

(6) Social studies, three units, which shall include both of	55452
the following:	55453

(a) American history, one-half unit;

55454

(b) American government, one-half unit.

55455

(7) Elective units, seven units until September 15, 2003, and	55456
six units thereafter.	55457

Each student's electives shall include at least one unit, or	55458
two half units, chosen from among the areas of	55459
business/technology, fine arts, and/or foreign language.	55460

(C) Beginning with students who enter ninth grade for the	55461
first time on or after July 1, 2010, except as provided in	55462
divisions (D) to (F) of this section, the requirements for	55463
graduation from every public and chartered nonpublic high school	55464
shall include twenty units that are designed to prepare students	55465
for the workforce and college. The units shall be distributed as	55466
follows:	55467

(1) English language arts, four units;

55468

(2) Health, one-half unit, which shall include instruction in	55469
nutrition and the benefits of nutritious foods and physical	55470
activity for overall health;	55471

(3) Mathematics, four units, which shall include one unit of	55472
algebra II or the equivalent of algebra II;	55473

(4) Physical education, one-half unit;

55474

(5) Science, three units with inquiry-based laboratory	55475
experience that engages students in asking valid scientific	55476
questions and gathering and analyzing information, which shall	55477
include the following, or their equivalent:	55478

(a) Physical sciences, one unit;

55479

(b) Life sciences, one unit;

55480

(c) Advanced study in one or more of the following sciences,	55481
one unit:	55482

(i) Chemistry, physics, or other physical science;

55483

(ii) Advanced biology or other life science;

55484

(iii) Astronomy, physical geology, or other earth or space	55485
science.	55486

(6) Social studies, three units, which shall include both of	55487
the following:	55488

(a) American history, one-half unit;

55489

(b) American government, one-half unit.

55490

Each school shall integrate the study of economics and	55491
financial literacy, as expressed in the social studies academic	55492
content standards adopted by the state board of education under	55493
division (A)(1) of section 3301.079 of the Revised Code and the	55494
academic content standards for financial literacy and	55495
entrepreneurship adopted under division (A)(2) of that section,	55496
into one or more existing social studies credits required under	55497
division (C)(6) of this section, or into the content of another	55498
class, so that every high school student receives instruction in	55499
those concepts. In developing the curriculum required by this	55500
paragraph, schools shall use available public-private partnerships	55501
and resources and materials that exist in business, industry, and	55502
through the centers for economics education at institutions of	55503
higher education in the state.	55504

(7) Five units consisting of one or any combination of	55505
foreign language, fine arts, business, career-technical education,	55506
family and consumer sciences, technology, agricultural education,	55507
a junior reserve officer training corps (JROTC) program approved	55508
by the congress of the United States under title 10 of the United	55509
States Code, or English language arts, mathematics, science, or	55510
social studies courses not otherwise required under division (C)	55511
of this section.	55512

Ohioans must be prepared to apply increased knowledge and	55513
skills in the workplace and to adapt their knowledge and skills	55514
quickly to meet the rapidly changing conditions of the	55515
twenty-first century. National studies indicate that all high	55516
school graduates need the same academic foundation, regardless of	55517
the opportunities they pursue after graduation. The goal of Ohio's	55518
system of elementary and secondary education is to prepare all	55519
students for and seamlessly connect all students to success in	55520
life beyond high school graduation, regardless of whether the next	55521
step is entering the workforce, beginning an apprenticeship,	55522
engaging in post-secondary training, serving in the military, or	55523
pursuing a college degree.	55524

The Ohio core curriculum is the standard expectation for all	55525
students entering ninth grade for the first time at a public or	55526
chartered nonpublic high school on or after July 1, 2010. A	55527
student may satisfy this expectation through a variety of methods,	55528
including, but not limited to, integrated, applied,	55529
career-technical, and traditional coursework.	55530

Whereas teacher quality is essential for student success in	55531
completing the Ohio core curriculum, the general assembly shall	55532
appropriate funds for strategic initiatives designed to strengthen	55533
schools' capacities to hire and retain highly qualified teachers	55534
in the subject areas required by the curriculum. Such initiatives	55535
are expected to require an investment of $120,000,000 over five	55536
years.	55537

Stronger coordination between high schools and institutions	55538
of higher education is necessary to prepare students for more	55539
challenging academic endeavors and to lessen the need for academic	55540
remediation in college, thereby reducing the costs of higher	55541
education for Ohio's students, families, and the state. The state	55542
board and the chancellor of the Ohio board of regents shall	55543
develop policies to ensure that only in rare instances will	55544
students who complete the Ohio core curriculum require academic	55545
remediation after high school.	55546

School districts, community schools, and chartered nonpublic	55547
schools shall integrate technology into learning experiences	55548
~~whenever practicable~~ across the curriculum in order to maximize	55549
efficiency, enhance learning, and prepare students for success in	55550
the technology-driven twenty-first century. Districts and schools	55551
~~may~~shall use distance and web-based course delivery as a method	55552
of providing or augmenting all instruction required under this	55553
division, including laboratory experience in science. Districts	55554
and schools shall ~~whenever practicable~~ utilize technology access	55555
and electronic learning opportunities provided by the eTech Ohio	55556
commission, the Ohio learning network, education technology	55557
centers, public television stations, and other public and private	55558
providers.	55559

(D) Except as provided in division (E) of this section, a	55560
student who enters ninth grade on or after July 1, 2010, and	55561
before July 1, 2014, may qualify for graduation from a public or	55562
chartered nonpublic high school even though the student has not	55563
completed the Ohio core curriculum prescribed in division (C) of	55564
this section if all of the following conditions are satisfied:	55565

(1) After the student has attended high school for two years,	55566
as determined by the school, the student and the student's parent,	55567
guardian, or custodian sign and file with the school a written	55568
statement asserting the parent's, guardian's, or custodian's	55569
consent to the student's graduating without completing the Ohio	55570
core curriculum and acknowledging that one consequence of not	55571
completing the Ohio core curriculum is ineligibility to enroll in	55572
most state universities in Ohio without further coursework.	55573

(2) The student and parent, guardian, or custodian fulfill	55574
any procedural requirements the school stipulates to ensure the	55575
student's and parent's, guardian's, or custodian's informed	55576
consent and to facilitate orderly filing of statements under	55577
division (D)(1) of this section.	55578

(3) The student and the student's parent, guardian, or	55579
custodian and a representative of the student's high school	55580
jointly develop an individual career plan for the student that	55581
specifies the student matriculating to a two-year degree program,	55582
acquiring a business and industry credential, or entering an	55583
apprenticeship.	55584

(4) The student's high school provides counseling and support	55585
for the student related to the plan developed under division	55586
(D)(3) of this section during the remainder of the student's high	55587
school experience.	55588

(5) The student successfully completes, at a minimum, the	55589
curriculum prescribed in division (B) of this section.	55590

The department of education, in collaboration with the	55591
chancellor, shall analyze student performance data to determine if	55592
there are mitigating factors that warrant extending the exception	55593
permitted by division (D) of this section to high school classes	55594
beyond those entering ninth grade before July 1, 2014. The	55595
department shall submit its findings and any recommendations not	55596
later than August 1, 2014, to the speaker and minority leader of	55597
the house of representatives, the president and minority leader of	55598
the senate, the chairpersons and ranking minority members of the	55599
standing committees of the house of representatives and the senate	55600
that consider education legislation, the state board of education,	55601
and the superintendent of public instruction.	55602

(E) Each school district and chartered nonpublic school	55603
retains the authority to require an even more rigorous minimum	55604
curriculum for high school graduation than specified in division	55605
(B) or (C) of this section. A school district board of education,	55606
through the adoption of a resolution, or the governing authority	55607
of a chartered nonpublic school may stipulate any of the	55608
following:	55609

(1) A minimum high school curriculum that requires more than	55610
twenty units of academic credit to graduate;	55611

(2) An exception to the district's or school's minimum high	55612
school curriculum that is comparable to the exception provided in	55613
division (D) of this section but with additional requirements,	55614
which may include a requirement that the student successfully	55615
complete more than the minimum curriculum prescribed in division	55616
(B) of this section;	55617

(3) That no exception comparable to that provided in division	55618
(D) of this section is available.	55619

(F) A student enrolled in a dropout prevention and recovery	55620
program, which program has received a waiver from the department,	55621
may qualify for graduation from high school by successfully	55622
completing a competency-based instructional program administered	55623
by the dropout prevention and recovery program in lieu of	55624
completing the Ohio core curriculum prescribed in division (C) of	55625
this section. The department shall grant a waiver to a dropout	55626
prevention and recovery program, within sixty days after the	55627
program applies for the waiver, if the program meets all of the	55628
following conditions:	55629

(1) The program serves only students not younger than sixteen	55630
years of age and not older than twenty-one years of age.	55631

(2) The program enrolls students who, at the time of their	55632
initial enrollment, either, or both, are at least one grade level	55633
behind their cohort age groups or experience crises that	55634
significantly interfere with their academic progress such that	55635
they are prevented from continuing their traditional programs.	55636

(3) The program requires students to attain at least the	55637
applicable score designated for each of the assessments prescribed	55638
under division (B)(1) of section 3301.0710 of the Revised Code or,	55639
to the extent prescribed by rule of the state board under division	55640
~~(E)~~(D)(6) of section 3301.0712 of the Revised Code, division	55641
(B)(2) of that section.	55642

(4) The program develops an individual career plan for the	55643
student that specifies the student's matriculating to a two-year	55644
degree program, acquiring a business and industry credential, or	55645
entering an apprenticeship.	55646

(5) The program provides counseling and support for the	55647
student related to the plan developed under division (F)(4) of	55648
this section during the remainder of the student's high school	55649
experience.	55650

(6) The program requires the student and the student's	55651
parent, guardian, or custodian to sign and file, in accordance	55652
with procedural requirements stipulated by the program, a written	55653
statement asserting the parent's, guardian's, or custodian's	55654
consent to the student's graduating without completing the Ohio	55655
core curriculum and acknowledging that one consequence of not	55656
completing the Ohio core curriculum is ineligibility to enroll in	55657
most state universities in Ohio without further coursework.	55658

(7) Prior to receiving the waiver, the program has submitted	55659
to the department an instructional plan that demonstrates how the	55660
academic content standards adopted by the state board under	55661
section 3301.079 of the Revised Code will be taught and assessed.	55662

If the department does not act either to grant the waiver or	55663
to reject the program application for the waiver within sixty days	55664
as required under this section, the waiver shall be considered to	55665
be granted.	55666

(G) Every high school may permit students below the ninth	55667
grade to take advanced work. If a high school so permits, it shall	55668
award high school credit for successful completion of the advanced	55669
work and shall count such advanced work toward the graduation	55670
requirements of division (B) or (C) of this section if the	55671
advanced work was both:	55672

(1) Taught by a person who possesses a license or certificate	55673
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	55674
Code that is valid for teaching high school;	55675

(2) Designated by the board of education of the city, local,	55676
or exempted village school district, the board of the cooperative	55677
education school district, or the governing authority of the	55678
chartered nonpublic school as meeting the high school curriculum	55679
requirements.	55680

Each high school shall record on the student's high school	55681
transcript all high school credit awarded under division (G) of	55682
this section. In addition, if the student completed a seventh- or	55683
eighth-grade fine arts course described in division (K) of this	55684
section and the course qualified for high school credit under that	55685
division, the high school shall record that course on the	55686
student's high school transcript.	55687

(H) The department shall make its individual academic career	55688
plan available through its Ohio career information system web site	55689
for districts and schools to use as a tool for communicating with	55690
and providing guidance to students and families in selecting high	55691
school courses.	55692

(I) Units earned in English language arts, mathematics,	55693
science, and social studies that are delivered through integrated	55694
academic and career-technical instruction are eligible to meet the	55695
graduation requirements of division (B) or (C) of this section.	55696

(J) The state board, in consultation with the chancellor,	55697
shall adopt a statewide plan implementing methods for students to	55698
earn units of high school credit based on a demonstration of	55699
subject area competency, instead of or in combination with	55700
completing hours of classroom instruction. The state board shall	55701
adopt the plan not later than March 31, 2009, and commence phasing	55702
in the plan during the 2009-2010 school year. The plan shall	55703
include a standard method for recording demonstrated proficiency	55704
on high school transcripts. Each school district,and community	55705
school~~, and chartered nonpublic school~~ shall comply with the state	55706
board's plan adopted under this division and award units of high	55707
school credit in accordance with the plan. The state board may	55708
adopt existing methods for earning high school credit based on a	55709
demonstration of subject area competency as necessary prior to the	55710
2009-2010 school year.	55711

(K) This division does not apply to students who qualify for	55712
graduation from high school under division (D) or (F) of this	55713
section, or to students pursuing a career-technical instructional	55714
track as determined by the school district board of education or	55715
the chartered nonpublic school's governing authority.	55716
Nevertheless, the general assembly encourages such students to	55717
consider enrolling in a fine arts course as an elective.	55718

Beginning with students who enter ninth grade for the first	55719
time on or after July 1, 2010, each student enrolled in a public	55720
or chartered nonpublic high school shall complete two semesters or	55721
the equivalent of fine arts to graduate from high school. The	55722
coursework may be completed in any of grades seven to twelve. Each	55723
student who completes a fine arts course in grade seven or eight	55724
may elect to count that course toward the five units of electives	55725
required for graduation under division (C)(7) of this section, if	55726
the course satisfied the requirements of division (G) of this	55727
section. In that case, the high school shall award the student	55728
high school credit for the course and count the course toward the	55729
five units required under division (C)(7) of this section. If the	55730
course in grade seven or eight did not satisfy the requirements of	55731
division (G) of this section, the high school shall not award the	55732
student high school credit for the course but shall count the	55733
course toward the two semesters or the equivalent of fine arts	55734
required by this division.	55735

(L) Notwithstanding anything to the contrary in this section,	55736
the board of education of each school district and the governing	55737
authority of each chartered nonpublic school may adopt a policy to	55738
excuse from the high school physical education requirement each	55739
student who, during high school, has participated in	55740
interscholastic athletics, marching band, or cheerleading for at	55741
least two full seasons or in the junior reserve officer training	55742
corps for at least two full school years. If the board or	55743
authority adopts such a policy, the board or authority shall not	55744
require the student to complete any physical education course as a	55745
condition to graduate. However, the student shall be required to	55746
complete one-half unit, consisting of at least sixty hours of	55747
instruction, in another course of study. In the case of a student	55748
who has participated in the junior reserve officer training corps	55749
for at least two full school years, credit received for that	55750
participation may be used to satisfy the requirement to complete	55751
one-half unit in another course of study.	55752

Sec. 3313.61. (A) A diploma shall be granted by the board of	55753
education of any city, exempted village, or local school district	55754
that operates a high school to any person to whom all of the	55755
following apply:	55756

(1) The person has successfully completed the curriculum in	55757
any high school or the individualized education program developed	55758
for the person by any high school pursuant to section 3323.08 of	55759
the Revised Code, or has qualified under division (D) or (F) of	55760
section 3313.603 of the Revised Code, provided that no school	55761
district shall require a student to remain in school for any	55762
specific number of semesters or other terms if the student	55763
completes the required curriculum early;	55764

(2) Subject to section 3313.614 of the Revised Code, the	55765
person has met the assessment requirements of division (A)(2)(a)	55766
or (b) of this section, as applicable.	55767

(a) If the person entered the ninth grade prior to the date	55768
prescribed by rule of the state board of education under division	55769
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person	55770
either:	55771

(i) Has attained at least the applicable scores designated	55772
under division (B)(1) of section 3301.0710 of the Revised Code on	55773
all the assessments required by that division unless the person	55774
was excused from taking any such assessment pursuant to section	55775
3313.532 of the Revised Code or unless division (H) or (L) of this	55776
section applies to the person;	55777

(ii) Has satisfied the alternative conditions prescribed in	55778
section 3313.615 of the Revised Code.	55779

(b) If the person entered the ninth grade on or after the	55780
date prescribed by rule of the state board under division	55781
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person has	55782
~~attained on~~met the requirements of the entire assessment system	55783
prescribed under division (B)(2) of section 3301.0710 of the	55784
Revised Code ~~at least the required passing composite score,~~	55785
~~designated under division (C)(1) of section 3301.0712 of the~~	55786
~~Revised Code~~, except to the extent that the person is excused from	55787
some portion of that assessment system pursuant to section	55788
3313.532 of the Revised Code or division (H) or (L) of this	55789
section.	55790

(3) The person is not eligible to receive an honors diploma	55791
granted pursuant to division (B) of this section.	55792

Except as provided in divisions (C), (E), (J), and (L) of	55793
this section, no diploma shall be granted under this division to	55794
anyone except as provided under this division.	55795

(B) In lieu of a diploma granted under division (A) of this	55796
section, an honors diploma shall be granted, in accordance with	55797
rules of the state board, by any such district board to anyone who	55798
accomplishes all of the following:	55799

(1) Successfully completes the curriculum in any high school	55800
or the individualized education program developed for the person	55801
by any high school pursuant to section 3323.08 of the Revised	55802
Code;	55803

(2) Subject to section 3313.614 of the Revised Code, has met	55804
the assessment requirements of division (B)(2)(a) or (b) of this	55805
section, as applicable.	55806

(a) If the person entered the ninth grade prior to the date	55807
prescribed by rule of the state board of education under division	55808
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person	55809
either:	55810

(i) Has attained at least the applicable scores designated	55811
under division (B)(1) of section 3301.0710 of the Revised Code on	55812
all the assessments required by that division;	55813

(ii) Has satisfied the alternative conditions prescribed in	55814
section 3313.615 of the Revised Code.	55815

(b) If the person entered the ninth grade on or after the	55816
date prescribed by rule of the state board under division	55817
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person has	55818
~~attained on~~met the requirements of the entire assessment system	55819
prescribed under division (B)(2) of section 3301.0710 of the	55820
Revised Code ~~at least the required passing composite score,~~	55821
~~designated under division (C)(1) of section 3301.0712 of the~~	55822
~~Revised Code~~.	55823

(3) Has met additional criteria established by the state	55824
board for the granting of such a diploma.	55825

An honors diploma shall not be granted to a student who is	55826
subject to the Ohio core curriculum prescribed in division (C) of	55827
section 3313.603 of the Revised Code but elects the option of	55828
division (D) or (F) of that section. Except as provided in	55829
divisions (C), (E), and (J) of this section, no honors diploma	55830
shall be granted to anyone failing to comply with this division	55831
and no more than one honors diploma shall be granted to any	55832
student under this division.	55833

The state board shall adopt rules prescribing the granting of	55834
honors diplomas under this division. These rules may prescribe the	55835
granting of honors diplomas that recognize a student's achievement	55836
as a whole or that recognize a student's achievement in one or	55837
more specific subjects or both. The rules may prescribe the	55838
granting of an honors diploma recognizing technical expertise for	55839
a career-technical student. In any case, the rules shall designate	55840
two or more criteria for the granting of each type of honors	55841
diploma the board establishes under this division and the number	55842
of such criteria that must be met for the granting of that type of	55843
diploma. The number of such criteria for any type of honors	55844
diploma shall be at least one less than the total number of	55845
criteria designated for that type and no one or more particular	55846
criteria shall be required of all persons who are to be granted	55847
that type of diploma.	55848

(C) Any district board administering any of the assessments	55849
required by section 3301.0710 of the Revised Code to any person	55850
requesting to take such assessment pursuant to division (B)(8)(b)	55851
of section 3301.0711 of the Revised Code shall award a diploma to	55852
such person if the person attains at least the applicable scores	55853
designated under division (B)(1) of section 3301.0710 of the	55854
Revised Code on all the assessments administered and if the person	55855
has previously attained the applicable scores on all the other	55856
assessments required by division (B)(1) of that section or has	55857
been exempted or excused from attaining the applicable score on	55858
any such assessment pursuant to division (H) or (L) of this	55859
section or from taking any such assessment pursuant to section	55860
3313.532 of the Revised Code.	55861

(D) Each diploma awarded under this section shall be signed	55862
by the president and treasurer of the issuing board, the	55863
superintendent of schools, and the principal of the high school.	55864
Each diploma shall bear the date of its issue, be in such form as	55865
the district board prescribes, and be paid for out of the	55866
district's general fund.	55867

(E) A person who is a resident of Ohio and is eligible under	55868
state board of education minimum standards to receive a high	55869
school diploma based in whole or in part on credits earned while	55870
an inmate of a correctional institution operated by the state or	55871
any political subdivision thereof, shall be granted such diploma	55872
by the correctional institution operating the programs in which	55873
such credits were earned, and by the board of education of the	55874
school district in which the inmate resided immediately prior to	55875
the inmate's placement in the institution. The diploma granted by	55876
the correctional institution shall be signed by the director of	55877
the institution, and by the person serving as principal of the	55878
institution's high school and shall bear the date of issue.	55879

(F) Persons who are not residents of Ohio but who are inmates	55880
of correctional institutions operated by the state or any	55881
political subdivision thereof, and who are eligible under state	55882
board of education minimum standards to receive a high school	55883
diploma based in whole or in part on credits earned while an	55884
inmate of the correctional institution, shall be granted a diploma	55885
by the correctional institution offering the program in which the	55886
credits were earned. The diploma granted by the correctional	55887
institution shall be signed by the director of the institution and	55888
by the person serving as principal of the institution's high	55889
school and shall bear the date of issue.	55890

(G) The state board of education shall provide by rule for	55891
the administration of the assessments required by section	55892
3301.0710 of the Revised Code to inmates of correctional	55893
institutions.	55894

(H) Any person to whom all of the following apply shall be	55895
exempted from attaining the applicable score on the assessment in	55896
social studies designated under division (B)(1) of section	55897
3301.0710 of the Revised Code, any social studies end-of-course	55898
examination required under division (B)(2) of that section if such	55899
an exemption is prescribed by rule of the state board under	55900
division ~~(E)~~(D)(4) of section 3301.0712 of the Revised Code, or	55901
the test in citizenship designated under former division (B) of	55902
section 3301.0710 of the Revised Code as it existed prior to	55903
September 11, 2001:	55904

(1) The person is not a citizen of the United States;

55905

(2) The person is not a permanent resident of the United	55906
States;	55907

(3) The person indicates no intention to reside in the United	55908
States after the completion of high school.	55909

(I) Notwithstanding division (D) of section 3311.19 and	55910
division (D) of section 3311.52 of the Revised Code, this section	55911
and section 3311.611 of the Revised Code do not apply to the board	55912
of education of any joint vocational school district or any	55913
cooperative education school district established pursuant to	55914
divisions (A) to (C) of section 3311.52 of the Revised Code.	55915

(J) Upon receipt of a notice under division (D) of section	55916
3325.08 of division (D) of section 3328.25 of the Revised Code	55917
that a student has received a diploma under ~~that~~either section,	55918
the board of education receiving the notice may grant a high	55919
school diploma under this section to the student, except that such	55920
board shall grant the student a diploma if the student meets the	55921
graduation requirements that the student would otherwise have had	55922
to meet to receive a diploma from the district. The diploma	55923
granted under this section shall be of the same type the notice	55924
indicates the student received under section 3325.08 or 3328.25 of	55925
the Revised Code.	55926

(K) As used in this division, "limited English proficient	55927
student" has the same meaning as in division (C)(3) of section	55928
3301.0711 of the Revised Code.	55929

Notwithstanding division (C)(3) of section 3301.0711 of the	55930
Revised Code, no limited English proficient student who has not	55931
either attained the applicable scores designated under division	55932
(B)(1) of section 3301.0710 of the Revised Code on all the	55933
assessments required by that division, or ~~attained the composite~~	55934
~~score designated for~~met the requirements of the assessments	55935
required by division (B)(2) of that section, shall be awarded a	55936
diploma under this section.	55937

(L) Any student described by division (A)(1) of this section	55938
may be awarded a diploma without attaining the applicable scores	55939
designated on the assessments prescribed under division (B) of	55940
section 3301.0710 of the Revised Code provided an individualized	55941
education program specifically exempts the student from attaining	55942
such scores. This division does not negate the requirement for	55943
such a student to take all such assessments or alternate	55944
assessments required by division (C)(1) of section 3301.0711 of	55945
the Revised Code for the purpose of assessing student progress as	55946
required by federal law.	55947

Sec. 3313.611. (A) The state board of education shall adopt,	55948
by rule, standards for awarding high school credit equivalent to	55949
credit for completion of high school academic and vocational	55950
education courses to applicants for diplomas under this section.	55951
The standards may permit high school credit to be granted to an	55952
applicant for any of the following:	55953

(1) Work experiences or experiences as a volunteer;

55954

(2) Completion of academic, vocational, or self-improvement	55955
courses offered to persons over the age of twenty-one by a	55956
chartered public or nonpublic school;	55957

(3) Completion of academic, vocational, or self-improvement	55958
courses offered by an organization, individual, or educational	55959
institution other than a chartered public or nonpublic school;	55960

(4) Other life experiences considered by the board to provide	55961
knowledge and learning experiences comparable to that gained in a	55962
classroom setting.	55963

(B) The board of education of any city, exempted village, or	55964
local school district that operates a high school shall grant a	55965
diploma of adult education to any applicant if all of the	55966
following apply:	55967

(1) The applicant is a resident of the district;

55968

(2) The applicant is over the age of twenty-one and has not	55969
been issued a diploma as provided in section 3313.61 of the	55970
Revised Code;	55971

(3) Subject to section 3313.614 of the Revised Code, the	55972
applicant has met the assessment requirements of division	55973
(B)(3)(a) or (b) of this section, as applicable.	55974

(a) Prior to the date prescribed by rule of the state board	55975
under division ~~(E)~~(D)(3) of section 3301.0712 of the Revised Code,	55976
the applicant either:	55977

(i) Has attained the applicable scores designated under	55978
division (B)(1) of section 3301.0710 of the Revised Code on all of	55979
the assessments required by that division or was excused or	55980
exempted from any such assessment pursuant to section 3313.532 or	55981
was exempted from attaining the applicable score on any such	55982
assessment pursuant to division (H) or (L) of section 3313.61 of	55983
the Revised Code;	55984

(ii) Has satisfied the alternative conditions prescribed in	55985
section 3313.615 of the Revised Code.	55986

(b) On or after the date prescribed by rule of the state	55987
board under division ~~(E)~~(D)(3) of section 3301.0712 of the	55988
Revised Code, has ~~attained on~~met the requirements of the entire	55989
assessment system prescribed under division (B)(2) of section	55990
3301.0710 of the Revised Code ~~at least the required passing~~	55991
~~composite score, designated under division (C)(1) of section~~	55992
~~3301.0712 of the Revised Code~~, except and only to the extent that	55993
the applicant is excused from some portion of that assessment	55994
system pursuant to section 3313.532 of the Revised Code or	55995
division (H) or (L) of section 3313.61 of the Revised Code.	55996

(4) The district board determines, in accordance with the	55997
standards adopted under division (A) of this section, that the	55998
applicant has attained sufficient high school credits, including	55999
equivalent credits awarded under such standards, to qualify as	56000
having successfully completed the curriculum required by the	56001
district for graduation.	56002

(C) If a district board determines that an applicant is not	56003
eligible for a diploma under division (B) of this section, it	56004
shall inform the applicant of the reason the applicant is	56005
ineligible and shall provide a list of any courses required for	56006
the diploma for which the applicant has not received credit. An	56007
applicant may reapply for a diploma under this section at any	56008
time.	56009

(D) If a district board awards an adult education diploma	56010
under this section, the president and treasurer of the board and	56011
the superintendent of schools shall sign it. Each diploma shall	56012
bear the date of its issuance, be in such form as the district	56013
board prescribes, and be paid for from the district's general	56014
fund, except that the state board may by rule prescribe standard	56015
language to be included on each diploma.	56016

(E) As used in this division, "limited English proficient	56017
student" has the same meaning as in division (C)(3) of section	56018
3301.0711 of the Revised Code.	56019

Notwithstanding division (C)(3) of section 3301.0711 of the	56020
Revised Code, no limited English proficient student who has not	56021
either attained the applicable scores designated under division	56022
(B)(1) of section 3301.0710 of the Revised Code on all the	56023
assessments required by that division, or ~~attained the composite~~	56024
~~score designated for~~has not met the requirements of the	56025
assessments required by division (B)(2) of that section, shall be	56026
awarded a diploma under this section.	56027

Sec. 3313.612. (A) No nonpublic school chartered by the	56028
state board of education shall grant a high school diploma to any	56029
person unless, subject to section 3313.614 of the Revised Code,	56030
the person has met the assessment requirements of division (A)(1)	56031
or (2) of this section, as applicable.	56032

(1) If the person entered the ninth grade prior to the date	56033
prescribed by rule of the state board under division ~~(E)~~(D)(2) of	56034
section 3301.0712 of the Revised Code, the person has attained at	56035
least the applicable scores designated under division (B)(1) of	56036
section 3301.0710 of the Revised Code on all the assessments	56037
required by that division, or has satisfied the alternative	56038
conditions prescribed in section 3313.615 of the Revised Code.	56039

(2) If the person entered the ninth grade on or after the	56040
date prescribed by rule of the state board under division (E)(2)	56041
of section 3301.0712 of the Revised Code, the person has ~~attained~~	56042
onmet the requirements of the entire assessment system	56043
prescribed under division (B)(2) of section 3301.0710 of the	56044
Revised Code ~~at least the required passing composite score,~~	56045
~~designated under division (C)(1) of section 3301.0712 of the~~	56046
~~Revised Code~~.	56047

(B) This section does not apply to either of the following:

56048

(1) Any person with regard to any assessment from which the	56049
person was excused pursuant to division (C)(1)(c) of section	56050
3301.0711 of the Revised Code;	56051

(2) Any person with regard to the social studies assessment	56052
under division (B)(1) of section 3301.0710 of the Revised Code,	56053
any social studies end-of-course examination required under	56054
division (B)(2) of that section if such an exemption is prescribed	56055
by rule of the state board of education under division ~~(E)~~(D)(4)	56056
of section 3301.0712 of the Revised Code, or the citizenship test	56057
under former division (B) of section 3301.0710 of the Revised Code	56058
as it existed prior to September 11, 2001, if all of the following	56059
apply:	56060

(a) The person is not a citizen of the United States;

56061

(b) The person is not a permanent resident of the United	56062
States;	56063

(c) The person indicates no intention to reside in the United	56064
States after completion of high school.	56065

(C) As used in this division, "limited English proficient	56066
student" has the same meaning as in division (C)(3) of section	56067
3301.0711 of the Revised Code.	56068

Notwithstanding division (C)(3) of section 3301.0711 of the	56069
Revised Code, no limited English proficient student who has not	56070
either attained the applicable scores designated under division	56071
(B)(1) of section 3301.0710 of the Revised Code on all the	56072
assessments required by that division, or ~~attained the composite~~	56073
~~score designated for~~met the requirements of the assessments	56074
~~required by~~under division (B)(2) of that section, shall be	56075
awarded a diploma under this section.	56076

Sec. 3313.614. (A) As used in this section, a person	56077
"fulfills the curriculum requirement for a diploma" at the time	56078
one of the following conditions is satisfied:	56079

(1) The person successfully completes the high school	56080
curriculum of a school district, a community school, a chartered	56081
nonpublic school, or a correctional institution.	56082

(2) The person successfully completes the individualized	56083
education program developed for the person under section 3323.08	56084
of the Revised Code.	56085

(3) A board of education issues its determination under	56086
section 3313.611 of the Revised Code that the person qualifies as	56087
having successfully completed the curriculum required by the	56088
district.	56089

(B) This division specifies the assessment requirements that	56090
must be fulfilled as a condition toward granting high school	56091
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	56092
of the Revised Code.	56093

(1) A person who fulfills the curriculum requirement for a	56094
diploma before September 15, 2000, is not required to pass any	56095
proficiency test or achievement test in science as a condition to	56096
receiving a diploma.	56097

(2) A person who began ninth grade prior to July 1, 2003, is	56098
not required to pass the Ohio graduation test prescribed under	56099
division (B)(1) of section 3301.0710 or any assessment prescribed	56100
under division (B)(2) of that section in any subject as a	56101
condition to receiving a diploma once the person has passed the	56102
ninth grade proficiency test in the same subject, so long as the	56103
person passed the ninth grade proficiency test prior to September	56104
15, 2008. However, any such person who passes the Ohio graduation	56105
test in any subject prior to passing the ninth grade proficiency	56106
test in the same subject shall be deemed to have passed the ninth	56107
grade proficiency test in that subject as a condition to receiving	56108
a diploma. For this purpose, the ninth grade proficiency test in	56109
citizenship substitutes for the Ohio graduation test in social	56110
studies. If a person began ninth grade prior to July 1, 2003, but	56111
does not pass a ninth grade proficiency test or the Ohio	56112
graduation test in a particular subject before September 15, 2008,	56113
and passage of a test in that subject is a condition for the	56114
person to receive a diploma, the person must pass the Ohio	56115
graduation test instead of the ninth grade proficiency test in	56116
that subject to receive a diploma.	56117

(3) A person who begins ninth grade on or after July 1, 2003,	56118
in a school district, community school, or chartered nonpublic	56119
school is not eligible to receive a diploma based on passage of	56120
ninth grade proficiency tests. Each such person who begins ninth	56121
grade prior to the date prescribed by the state board of education	56122
under division ~~(E)~~(D)(5) of section 3301.0712 of the Revised Code	56123
must pass Ohio graduation tests to meet the assessment	56124
requirements applicable to that person as a condition to receiving	56125
a diploma.	56126

(4) A person who begins ninth grade on or after the date	56127
prescribed by the state board of education under division	56128
~~(E)~~(D)(5) of section 3301.0712 of the Revised Code is not eligible	56129
to receive a diploma based on passage of the Ohio graduation	56130
tests. Each such person must ~~attain on~~meet the requirements of	56131
the entire assessment system prescribed under division (B)(2) of	56132
section 3301.0710 of the Revised Code ~~at least the required~~	56133
~~passing composite score, designated under division (C)(1) of~~	56134
~~section 3301.0712 of the Revised Code~~.	56135

(C) This division specifies the curriculum requirement that	56136
shall be completed as a condition toward granting high school	56137
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	56138
of the Revised Code.	56139

(1) A person who is under twenty-two years of age when the	56140
person fulfills the curriculum requirement for a diploma shall	56141
complete the curriculum required by the school district or school	56142
issuing the diploma for the first year that the person originally	56143
enrolled in high school, except for a person who qualifies for	56144
graduation from high school under either division (D) or (F) of	56145
section 3313.603 of the Revised Code.	56146

(2) Once a person fulfills the curriculum requirement for a	56147
diploma, the person is never required, as a condition of receiving	56148
a diploma, to meet any different curriculum requirements that take	56149
effect pending the person's passage of proficiency tests or	56150
achievement tests or assessments, including changes mandated by	56151
section 3313.603 of the Revised Code, the state board, a school	56152
district board of education, or a governing authority of a	56153
community school or chartered nonpublic school.	56154

Sec. 3313.64. (A) As used in this section and in section	56155
3313.65 of the Revised Code:	56156

(1)(a) Except as provided in division (A)(1)(b) of this	56157
section, "parent" means either parent, unless the parents are	56158
separated or divorced or their marriage has been dissolved or	56159
annulled, in which case "parent" means the parent who is the	56160
residential parent and legal custodian of the child. When a child	56161
is in the legal custody of a government agency or a person other	56162
than the child's natural or adoptive parent, "parent" means the	56163
parent with residual parental rights, privileges, and	56164
responsibilities. When a child is in the permanent custody of a	56165
government agency or a person other than the child's natural or	56166
adoptive parent, "parent" means the parent who was divested of	56167
parental rights and responsibilities for the care of the child and	56168
the right to have the child live with the parent and be the legal	56169
custodian of the child and all residual parental rights,	56170
privileges, and responsibilities.	56171

(b) When a child is the subject of a power of attorney	56172
executed under sections 3109.51 to 3109.62 of the Revised Code,	56173
"parent" means the grandparent designated as attorney in fact	56174
under the power of attorney. When a child is the subject of a	56175
caretaker authorization affidavit executed under sections 3109.64	56176
to 3109.73 of the Revised Code, "parent" means the grandparent	56177
that executed the affidavit.	56178

(2) "Legal custody," "permanent custody," and "residual	56179
parental rights, privileges, and responsibilities" have the same	56180
meanings as in section 2151.011 of the Revised Code.	56181

(3) "School district" or "district" means a city, local, or	56182
exempted village school district and excludes any school operated	56183
in an institution maintained by the department of youth services.	56184

(4) Except as used in division (C)(2) of this section, "home"	56185
means a home, institution, foster home, group home, or other	56186
residential facility in this state that receives and cares for	56187
children, to which any of the following applies:	56188

(a) The home is licensed, certified, or approved for such	56189
purpose by the state or is maintained by the department of youth	56190
services.	56191

(b) The home is operated by a person who is licensed,	56192
certified, or approved by the state to operate the home for such	56193
purpose.	56194

(c) The home accepted the child through a placement by a	56195
person licensed, certified, or approved to place a child in such a	56196
home by the state.	56197

(d) The home is a children's home created under section	56198
5153.21 or 5153.36 of the Revised Code.	56199

(5) "Agency" means all of the following:

56200

(a) A public children services agency;

56201

(b) An organization that holds a certificate issued by the	56202
Ohio department of job and family services in accordance with the	56203
requirements of section 5103.03 of the Revised Code and assumes	56204
temporary or permanent custody of children through commitment,	56205
agreement, or surrender, and places children in family homes for	56206
the purpose of adoption;	56207

(c) Comparable agencies of other states or countries that	56208
have complied with applicable requirements of section 2151.39 of	56209
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	56210
5103.23 to 5103.237 of the Revised Code.	56211

(6) A child is placed for adoption if either of the following	56212
occurs:	56213

(a) An agency to which the child has been permanently	56214
committed or surrendered enters into an agreement with a person	56215
pursuant to section 5103.16 of the Revised Code for the care and	56216
adoption of the child.	56217

(b) The child's natural parent places the child pursuant to	56218
section 5103.16 of the Revised Code with a person who will care	56219
for and adopt the child.	56220

(7) "Preschool child with a disability" has the same meaning	56221
as in section 3323.01 of the Revised Code.	56222

(8) "Child," unless otherwise indicated, includes preschool	56223
children with disabilities.	56224

(9) "Active duty" means active duty pursuant to an executive	56225
order of the president of the United States, an act of the	56226
congress of the United States, or section 5919.29 or 5923.21 of	56227
the Revised Code.	56228

(B) Except as otherwise provided in section 3321.01 of the	56229
Revised Code for admittance to kindergarten and first grade, a	56230
child who is at least five but under twenty-two years of age and	56231
any preschool child with a disability shall be admitted to school	56232
as provided in this division.	56233

(1) A child shall be admitted to the schools of the school	56234
district in which the child's parent resides.	56235

(2) A child who does not reside in the district where the	56236
child's parent resides shall be admitted to the schools of the	56237
district in which the child resides if any of the following	56238
applies:	56239

(a) The child is in the legal or permanent custody of a	56240
government agency or a person other than the child's natural or	56241
adoptive parent.	56242

(b) The child resides in a home.

56243

56244

(3) A child who is not entitled under division (B)(2) of this	56245
section to be admitted to the schools of the district where the	56246
child resides and who is residing with a resident of this state	56247
with whom the child has been placed for adoption shall be admitted	56248
to the schools of the district where the child resides unless	56249
either of the following applies:	56250

(a) The placement for adoption has been terminated.

56251

(b) Another school district is required to admit the child	56252
under division (B)(1) of this section.	56253

Division (B) of this section does not prohibit the board of	56254
education of a school district from placing a child with a	56255
disability who resides in the district in a special education	56256
program outside of the district or its schools in compliance with	56257
Chapter 3323. of the Revised Code.	56258

(C) A district shall not charge tuition for children admitted	56259
under division (B)(1) or (3) of this section. If the district	56260
admits a child under division (B)(2) of this section, tuition	56261
shall be paid to the district that admits the child as provided in	56262
divisions (C)(1) to (3) of this section, unless division (C)(4) of	56263
this section applies to the child:	56264

(1) If the child receives special education in accordance	56265
with Chapter 3323. of the Revised Code, the school district of	56266
residence, as defined in section 3323.01 of the Revised Code,	56267
shall pay tuition for the child in accordance with section	56268
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	56269
regardless of who has custody of the child or whether the child	56270
resides in a home.	56271

(2) For a child that does not receive special education in	56272
accordance with Chapter 3323. of the Revised Code, except as	56273
otherwise provided in division (C)(2)(d) of this section, if the	56274
child is in the permanent or legal custody of a government agency	56275
or person other than the child's parent, tuition shall be paid by:	56276

(a) The district in which the child's parent resided at the	56277
time the court removed the child from home or at the time the	56278
court vested legal or permanent custody of the child in the person	56279
or government agency, whichever occurred first;	56280

(b) If the parent's residence at the time the court removed	56281
the child from home or placed the child in the legal or permanent	56282
custody of the person or government agency is unknown, tuition	56283
shall be paid by the district in which the child resided at the	56284
time the child was removed from home or placed in legal or	56285
permanent custody, whichever occurred first;	56286

(c) If a school district cannot be established under division	56287
(C)(2)(a) or (b) of this section, tuition shall be paid by the	56288
district determined as required by section 2151.362 of the Revised	56289
Code by the court at the time it vests custody of the child in the	56290
person or government agency;	56291

(d) If at the time the court removed the child from home or	56292
vested legal or permanent custody of the child in the person or	56293
government agency, whichever occurred first, one parent was in a	56294
residential or correctional facility or a juvenile residential	56295
placement and the other parent, if living and not in such a	56296
facility or placement, was not known to reside in this state,	56297
tuition shall be paid by the district determined under division	56298
(D) of section 3313.65 of the Revised Code as the district	56299
required to pay any tuition while the parent was in such facility	56300
or placement;	56301

(e) If the department of education has determined, pursuant	56302
to division (A)(2) of section 2151.362 of the Revised Code, that a	56303
school district other than the one named in the court's initial	56304
order, or in a prior determination of the department, is	56305
responsible to bear the cost of educating the child, the district	56306
so determined shall be responsible for that cost.	56307

(3) If the child is not in the permanent or legal custody of	56308
a government agency or person other than the child's parent and	56309
the child resides in a home, tuition shall be paid by one of the	56310
following:	56311

(a) The school district in which the child's parent resides;

56312

(b) If the child's parent is not a resident of this state,	56313
the home in which the child resides.	56314

(4) Division (C)(4) of this section applies to any child who	56315
is admitted to a school district under division (B)(2) of this	56316
section, resides in a home that is not a foster home or a home	56317
maintained by the department of youth services, receives	56318
educational services at the home in which the child resides	56319
pursuant to a contract between the home and the school district	56320
providing those services, and does not receive special education.	56321

In the case of a child to which division (C)(4) of this	56322
section applies, the total educational cost to be paid for the	56323
child shall be determined by a formula approved by the department	56324
of education, which formula shall be designed to calculate a per	56325
diem cost for the educational services provided to the child for	56326
each day the child is served and shall reflect the total actual	56327
cost incurred in providing those services. The department shall	56328
certify the total educational cost to be paid for the child to	56329
both the school district providing the educational services and,	56330
if different, the school district that is responsible to pay	56331
tuition for the child. The department shall deduct the certified	56332
amount from the state basic aid funds payable under Chapter 3317.	56333
of the Revised Code to the district responsible to pay tuition and	56334
shall pay that amount to the district providing the educational	56335
services to the child.	56336

(D) Tuition required to be paid under divisions (C)(2) and	56337
(3)(a) of this section shall be computed in accordance with	56338
section 3317.08 of the Revised Code. Tuition required to be paid	56339
under division (C)(3)(b) of this section shall be computed in	56340
accordance with section 3317.081 of the Revised Code. If a home	56341
fails to pay the tuition required by division (C)(3)(b) of this	56342
section, the board of education providing the education may	56343
recover in a civil action the tuition and the expenses incurred in	56344
prosecuting the action, including court costs and reasonable	56345
attorney's fees. If the prosecuting attorney or city director of	56346
law represents the board in such action, costs and reasonable	56347
attorney's fees awarded by the court, based upon the prosecuting	56348
attorney's, director's, or one of their designee's time spent	56349
preparing and presenting the case, shall be deposited in the	56350
county or city general fund.	56351

(E) A board of education may enroll a child free of any	56352
tuition obligation for a period not to exceed sixty days, on the	56353
sworn statement of an adult resident of the district that the	56354
resident has initiated legal proceedings for custody of the child.	56355

(F) In the case of any individual entitled to attend school	56356
under this division, no tuition shall be charged by the school	56357
district of attendance and no other school district shall be	56358
required to pay tuition for the individual's attendance.	56359
Notwithstanding division (B), (C), or (E) of this section:	56360

(1) All persons at least eighteen but under twenty-two years	56361
of age who live apart from their parents, support themselves by	56362
their own labor, and have not successfully completed the high	56363
school curriculum or the individualized education program	56364
developed for the person by the high school pursuant to section	56365
3323.08 of the Revised Code, are entitled to attend school in the	56366
district in which they reside.	56367

(2) Any child under eighteen years of age who is married is	56368
entitled to attend school in the child's district of residence.	56369

(3) A child is entitled to attend school in the district in	56370
which either of the child's parents is employed if the child has a	56371
medical condition that may require emergency medical attention.	56372
The parent of a child entitled to attend school under division	56373
(F)(3) of this section shall submit to the board of education of	56374
the district in which the parent is employed a statement from the	56375
child's physician certifying that the child's medical condition	56376
may require emergency medical attention. The statement shall be	56377
supported by such other evidence as the board may require.	56378

(4) Any child residing with a person other than the child's	56379
parent is entitled, for a period not to exceed twelve months, to	56380
attend school in the district in which that person resides if the	56381
child's parent files an affidavit with the superintendent of the	56382
district in which the person with whom the child is living resides	56383
stating all of the following:	56384

(a) That the parent is serving outside of the state in the	56385
armed services of the United States;	56386

(b) That the parent intends to reside in the district upon	56387
returning to this state;	56388

(c) The name and address of the person with whom the child is	56389
living while the parent is outside the state.	56390

(5) Any child under the age of twenty-two years who, after	56391
the death of a parent, resides in a school district other than the	56392
district in which the child attended school at the time of the	56393
parent's death is entitled to continue to attend school in the	56394
district in which the child attended school at the time of the	56395
parent's death for the remainder of the school year, subject to	56396
approval of that district board.	56397

(6) A child under the age of twenty-two years who resides	56398
with a parent who is having a new house built in a school district	56399
outside the district where the parent is residing is entitled to	56400
attend school for a period of time in the district where the new	56401
house is being built. In order to be entitled to such attendance,	56402
the parent shall provide the district superintendent with the	56403
following:	56404

(a) A sworn statement explaining the situation, revealing the	56405
location of the house being built, and stating the parent's	56406
intention to reside there upon its completion;	56407

(b) A statement from the builder confirming that a new house	56408
is being built for the parent and that the house is at the	56409
location indicated in the parent's statement.	56410

(7) A child under the age of twenty-two years residing with a	56411
parent who has a contract to purchase a house in a school district	56412
outside the district where the parent is residing and who is	56413
waiting upon the date of closing of the mortgage loan for the	56414
purchase of such house is entitled to attend school for a period	56415
of time in the district where the house is being purchased. In	56416
order to be entitled to such attendance, the parent shall provide	56417
the district superintendent with the following:	56418

(a) A sworn statement explaining the situation, revealing the	56419
location of the house being purchased, and stating the parent's	56420
intent to reside there;	56421

(b) A statement from a real estate broker or bank officer	56422
confirming that the parent has a contract to purchase the house,	56423
that the parent is waiting upon the date of closing of the	56424
mortgage loan, and that the house is at the location indicated in	56425
the parent's statement.	56426

The district superintendent shall establish a period of time	56427
not to exceed ninety days during which the child entitled to	56428
attend school under division (F)(6) or (7) of this section may	56429
attend without tuition obligation. A student attending a school	56430
under division (F)(6) or (7) of this section shall be eligible to	56431
participate in interscholastic athletics under the auspices of	56432
that school, provided the board of education of the school	56433
district where the student's parent resides, by a formal action,	56434
releases the student to participate in interscholastic athletics	56435
at the school where the student is attending, and provided the	56436
student receives any authorization required by a public agency or	56437
private organization of which the school district is a member	56438
exercising authority over interscholastic sports.	56439

(8) A child whose parent is a full-time employee of a city,	56440
local, or exempted village school district, or of an educational	56441
service center, may be admitted to the schools of the district	56442
where the child's parent is employed, or in the case of a child	56443
whose parent is employed by an educational service center, in the	56444
district that serves the location where the parent's job is	56445
primarily located, provided the district board of education	56446
establishes such an admission policy by resolution adopted by a	56447
majority of its members. Any such policy shall take effect on the	56448
first day of the school year and the effective date of any	56449
amendment or repeal may not be prior to the first day of the	56450
subsequent school year. The policy shall be uniformly applied to	56451
all such children and shall provide for the admission of any such	56452
child upon request of the parent. No child may be admitted under	56453
this policy after the first day of classes of any school year.	56454

(9) A child who is with the child's parent under the care of	56455
a shelter for victims of domestic violence, as defined in section	56456
3113.33 of the Revised Code, is entitled to attend school free in	56457
the district in which the child is with the child's parent, and no	56458
other school district shall be required to pay tuition for the	56459
child's attendance in that school district.	56460

The enrollment of a child in a school district under this	56461
division shall not be denied due to a delay in the school	56462
district's receipt of any records required under section 3313.672	56463
of the Revised Code or any other records required for enrollment.	56464
Any days of attendance and any credits earned by a child while	56465
enrolled in a school district under this division shall be	56466
transferred to and accepted by any school district in which the	56467
child subsequently enrolls. The state board of education shall	56468
adopt rules to ensure compliance with this division.	56469

(10) Any child under the age of twenty-two years whose parent	56470
has moved out of the school district after the commencement of	56471
classes in the child's senior year of high school is entitled,	56472
subject to the approval of that district board, to attend school	56473
in the district in which the child attended school at the time of	56474
the parental move for the remainder of the school year and for one	56475
additional semester or equivalent term. A district board may also	56476
adopt a policy specifying extenuating circumstances under which a	56477
student may continue to attend school under division (F)(10) of	56478
this section for an additional period of time in order to	56479
successfully complete the high school curriculum for the	56480
individualized education program developed for the student by the	56481
high school pursuant to section 3323.08 of the Revised Code.	56482

(11) As used in this division, "grandparent" means a parent	56483
of a parent of a child. A child under the age of twenty-two years	56484
who is in the custody of the child's parent, resides with a	56485
grandparent, and does not require special education is entitled to	56486
attend the schools of the district in which the child's	56487
grandparent resides, provided that, prior to such attendance in	56488
any school year, the board of education of the school district in	56489
which the child's grandparent resides and the board of education	56490
of the school district in which the child's parent resides enter	56491
into a written agreement specifying that good cause exists for	56492
such attendance, describing the nature of this good cause, and	56493
consenting to such attendance.	56494

In lieu of a consent form signed by a parent, a board of	56495
education may request the grandparent of a child attending school	56496
in the district in which the grandparent resides pursuant to	56497
division (F)(11) of this section to complete any consent form	56498
required by the district, including any authorization required by	56499
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	56500
Code. Upon request, the grandparent shall complete any consent	56501
form required by the district. A school district shall not incur	56502
any liability solely because of its receipt of a consent form from	56503
a grandparent in lieu of a parent.	56504

Division (F)(11) of this section does not create, and shall	56505
not be construed as creating, a new cause of action or substantive	56506
legal right against a school district, a member of a board of	56507
education, or an employee of a school district. This section does	56508
not affect, and shall not be construed as affecting, any	56509
immunities from defenses to tort liability created or recognized	56510
by Chapter 2744. of the Revised Code for a school district,	56511
member, or employee.	56512

(12) A child under the age of twenty-two years is entitled to	56513
attend school in a school district other than the district in	56514
which the child is entitled to attend school under division (B),	56515
(C), or (E) of this section provided that, prior to such	56516
attendance in any school year, both of the following occur:	56517

(a) The superintendent of the district in which the child is	56518
entitled to attend school under division (B), (C), or (E) of this	56519
section contacts the superintendent of another district for	56520
purposes of this division;	56521

(b) The superintendents of both districts enter into a	56522
written agreement that consents to the attendance and specifies	56523
that the purpose of such attendance is to protect the student's	56524
physical or mental well-being or to deal with other extenuating	56525
circumstances deemed appropriate by the superintendents.	56526

While an agreement is in effect under this division for a	56527
student who is not receiving special education under Chapter 3323.	56528
of the Revised Code and notwithstanding Chapter 3327. of the	56529
Revised Code, the board of education of neither school district	56530
involved in the agreement is required to provide transportation	56531
for the student to and from the school where the student attends.	56532

A student attending a school of a district pursuant to this	56533
division shall be allowed to participate in all student	56534
activities, including interscholastic athletics, at the school	56535
where the student is attending on the same basis as any student	56536
who has always attended the schools of that district while of	56537
compulsory school age.	56538

(13) All school districts shall comply with the	56539
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	56540
seq., for the education of homeless children. Each city, local,	56541
and exempted village school district shall comply with the	56542
requirements of that act governing the provision of a free,	56543
appropriate public education, including public preschool, to each	56544
homeless child.	56545

When a child loses permanent housing and becomes a homeless	56546
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	56547
such a homeless person changes temporary living arrangements, the	56548
child's parent or guardian shall have the option of enrolling the	56549
child in either of the following:	56550

(a) The child's school of origin, as defined in 42 U.S.C.A.	56551
11432(g)(3)(C);	56552

(b) The school that is operated by the school district in	56553
which the shelter where the child currently resides is located and	56554
that serves the geographic area in which the shelter is located.	56555

(14) A child under the age of twenty-two years who resides	56556
with a person other than the child's parent is entitled to attend	56557
school in the school district in which that person resides if both	56558
of the following apply:	56559

(a) That person has been appointed, through a military power	56560
of attorney executed under section 574(a) of the "National Defense	56561
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	56562
U.S.C. 1044b, or through a comparable document necessary to	56563
complete a family care plan, as the parent's agent for the care,	56564
custody, and control of the child while the parent is on active	56565
duty as a member of the national guard or a reserve unit of the	56566
armed forces of the United States or because the parent is a	56567
member of the armed forces of the United States and is on a duty	56568
assignment away from the parent's residence.	56569

(b) The military power of attorney or comparable document	56570
includes at least the authority to enroll the child in school.	56571

The entitlement to attend school in the district in which the	56572
parent's agent under the military power of attorney or comparable	56573
document resides applies until the end of the school year in which	56574
the military power of attorney or comparable document expires.	56575

(G) A board of education, after approving admission, may	56576
waive tuition for students who will temporarily reside in the	56577
district and who are either of the following:	56578

(1) Residents or domiciliaries of a foreign nation who	56579
request admission as foreign exchange students;	56580

(2) Residents or domiciliaries of the United States but not	56581
of Ohio who request admission as participants in an exchange	56582
program operated by a student exchange organization.	56583

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	56584
3327.04, and 3327.06 of the Revised Code, a child may attend	56585
school or participate in a special education program in a school	56586
district other than in the district where the child is entitled to	56587
attend school under division (B) of this section.	56588

(I)(1) Notwithstanding anything to the contrary in this	56589
section or section 3313.65 of the Revised Code, a child under	56590
twenty-two years of age may attend school in the school district	56591
in which the child, at the end of the first full week of October	56592
of the school year, was entitled to attend school as otherwise	56593
provided under this section or section 3313.65 of the Revised	56594
Code, if at that time the child was enrolled in the schools of the	56595
district but since that time the child or the child's parent has	56596
relocated to a new address located outside of that school district	56597
and within the same county as the child's or parent's address	56598
immediately prior to the relocation. The child may continue to	56599
attend school in the district, and at the school to which the	56600
child was assigned at the end of the first full week of October of	56601
the current school year, for the balance of the school year.	56602
Division (I)(1) of this section applies only if both of the	56603
following conditions are satisfied:	56604

(a) The board of education of the school district in which	56605
the child was entitled to attend school at the end of the first	56606
full week in October and of the district to which the child or	56607
child's parent has relocated each has adopted a policy to enroll	56608
children described in division (I)(1) of this section.	56609

(b) The child's parent provides written notification of the	56610
relocation outside of the school district to the superintendent of	56611
each of the two school districts.	56612

(2) At the beginning of the school year following the school	56613
year in which the child or the child's parent relocated outside of	56614
the school district as described in division (I)(1) of this	56615
section, the child is not entitled to attend school in the school	56616
district under that division.	56617

(3) Any person or entity owing tuition to the school district	56618
on behalf of the child at the end of the first full week in	56619
October, as provided in division (C) of this section, shall	56620
continue to owe such tuition to the district for the child's	56621
attendance under division (I)(1) of this section for the lesser of	56622
the balance of the school year or the balance of the time that the	56623
child attends school in the district under division (I)(1) of this	56624
section.	56625

(4) A pupil who may attend school in the district under	56626
division (I)(1) of this section shall be entitled to	56627
transportation services pursuant to an agreement between the	56628
district and the district in which the child or child's parent has	56629
relocated unless the districts have not entered into such	56630
agreement, in which case the child shall be entitled to	56631
transportation services in the same manner as a pupil attending	56632
school in the district under interdistrict open enrollment as	56633
described in division (H) of section 3313.981 of the Revised Code,	56634
regardless of whether the district has adopted an open enrollment	56635
policy as described in division (B)(1)(b) or (c) of section	56636
3313.98 of the Revised Code.	56637

(J) This division does not apply to a child receiving special	56638
education.	56639

A school district required to pay tuition pursuant to	56640
division (C)(2) or (3) of this section or section 3313.65 of the	56641
Revised Code shall have an amount deducted under division ~~(F)~~(C)	56642
of section 3317.023 of the Revised Code equal to its own tuition	56643
rate for the same period of attendance. A school district entitled	56644
to receive tuition pursuant to division (C)(2) or (3) of this	56645
section or section 3313.65 of the Revised Code shall have an	56646
amount credited under division ~~(F)~~(C) of section 3317.023 of the	56647
Revised Code equal to its own tuition rate for the same period of	56648
attendance. If the tuition rate credited to the district of	56649
attendance exceeds the rate deducted from the district required to	56650
pay tuition, the department of education shall pay the district of	56651
attendance the difference from amounts deducted from all	56652
districts' payments under division ~~(F)~~(C) of section 3317.023 of	56653
the Revised Code but not credited to other school districts under	56654
such division and from appropriations made for such purpose. The	56655
treasurer of each school district shall, by the fifteenth day of	56656
January and July, furnish the superintendent of public instruction	56657
a report of the names of each child who attended the district's	56658
schools under divisions (C)(2) and (3) of this section or section	56659
3313.65 of the Revised Code during the preceding six calendar	56660
months, the duration of the attendance of those children, the	56661
school district responsible for tuition on behalf of the child,	56662
and any other information that the superintendent requires.	56663

Upon receipt of the report the superintendent, pursuant to	56664
division ~~(F)~~(C) of section 3317.023 of the Revised Code, shall	56665
deduct each district's tuition obligations under divisions (C)(2)	56666
and (3) of this section or section 3313.65 of the Revised Code and	56667
pay to the district of attendance that amount plus any amount	56668
required to be paid by the state.	56669

(K) In the event of a disagreement, the superintendent of	56670
public instruction shall determine the school district in which	56671
the parent resides.	56672

(L) Nothing in this section requires or authorizes, or shall	56673
be construed to require or authorize, the admission to a public	56674
school in this state of a pupil who has been permanently excluded	56675
from public school attendance by the superintendent of public	56676
instruction pursuant to sections 3301.121 and 3313.662 of the	56677
Revised Code.	56678

(M) In accordance with division (B)(1) of this section, a	56679
child whose parent is a member of the national guard or a reserve	56680
unit of the armed forces of the United States and is called to	56681
active duty, or a child whose parent is a member of the armed	56682
forces of the United States and is ordered to a temporary duty	56683
assignment outside of the district, may continue to attend school	56684
in the district in which the child's parent lived before being	56685
called to active duty or ordered to a temporary duty assignment	56686
outside of the district, as long as the child's parent continues	56687
to be a resident of that district, and regardless of where the	56688
child lives as a result of the parent's active duty status or	56689
temporary duty assignment. However, the district is not	56690
responsible for providing transportation for the child if the	56691
child lives outside of the district as a result of the parent's	56692
active duty status or temporary duty assignment.	56693

Sec. 3313.642. (A) Except as provided in division (B) of	56694
this section and notwithstanding the provisions of sections	56695
3313.48 and 3313.64 of the Revised Code, the board of education of	56696
a city, exempted village, or local school district shall not be	56697
required to furnish, free of charge, to the pupils attending the	56698
public schools any materials used in a course of instruction with	56699
the exception of the necessary textbooks or electronic textbooks	56700
required to be furnished without charge pursuant to section	56701
3329.06 of the Revised Code. The board may, however, make	56702
provision by appropriations transferred from the general fund of	56703
the district or otherwise for furnishing free of charge any	56704
materials used in a course of instruction to such pupils as it	56705
determines are in serious financial need of such materials.	56706

(B) No board of education of a school district shall charge a	56707
fee to a pupil who is eligible for a free lunch under the	56708
"National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751,	56709
as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885,	56710
42 U.S.C. 1771, as amended, for any materials needed to enable the	56711
pupil to participate fully in a course of instruction. The	56712
prohibition in this division against charging a fee does not apply	56713
to any fee charged for any of the following:	56714

(1) Any materials needed to enable a pupil to participate	56715
fully in extracurricular activities or in any pupil enrichment	56716
program that is not a course of instruction;	56717

(2) Any tools, equipment, and materials that are necessary	56718
for workforce-readiness training within a career-technical	56719
education program that, to the extent the tools, equipment, and	56720
materials are not consumed, may be retained by the student upon	56721
course completion.	56722

(C) Boards of education may adopt rules and regulations	56723
prescribing a schedule of fees for materials used in a course of	56724
instruction and prescribing a schedule of charges which may be	56725
imposed upon pupils for the loss, damage, or destruction of school	56726
apparatus, equipment, musical instruments, library material,	56727
textbooks, or electronic textbooks required to be furnished	56728
without charge, and for damage to school buildings, and may	56729
enforce the payment of such fees and charges by withholding the	56730
grades and credits of the pupils concerned.	56731

Sec. 3313.6410. This section applies to any school that is	56732
operated by a school district and in which the enrolled students	56733
work primarily on assignments in nonclassroom-based learning	56734
opportunities provided via an internet- or other computer-based	56735
instructional method.	56736

(A) Any school to which this section applies shall withdraw	56737
from the school any student who, for two consecutive school years,	56738
has failed to participate in the spring administration of any	56739
assessment prescribed under section 3301.0710 or 3301.0712 of the	56740
Revised Code for the student's grade level and was not excused	56741
from the assessment pursuant to division (C)(1) or (3) of section	56742
3301.0711 of the Revised Code, regardless of whether a waiver was	56743
granted for the student under division (E) of section 3317.03 of	56744
the Revised Code. The school shall report any such student's data	56745
verification code, as assigned pursuant to section 3301.0714 of	56746
the Revised Code, to the department of education to be added to	56747
the list maintained by the department under section 3314.26 of the	56748
Revised Code.	56749

(B) No school to which this section applies shall receive any	56750
state funds under Chapter ~~3306. or~~ 3317. of the Revised Code for	56751
any enrolled student whose data verification code appears on the	56752
list maintained by the department under section 3314.26 of the	56753
Revised Code. Notwithstanding any provision of the Revised Code to	56754
the contrary, the parent of any such student shall pay tuition to	56755
the school district that operates the school in an amount equal to	56756
the state funds the district otherwise would receive for that	56757
student, as determined by the department. A school to which this	56758
section applies may withdraw any student for whom the parent does	56759
not pay tuition as required by this division.	56760

Sec. 3313.65. (A) As used in this section and section	56761
3313.64 of the Revised Code:	56762

(1) A person is "in a residential facility" if the person is	56763
a resident or a resident patient of an institution, home, or other	56764
residential facility that is:	56765

(a) Licensed as a nursing home, residential care facility, or	56766
home for the aging by the director of health under section 3721.02	56767
of the Revised Code;	56768

(b) Licensed as an adult care facility by the director of	56769
mental health under ~~Chapter 3722.~~sections 5119.70 to 5119.88 of	56770
the Revised Code;	56771

(c) Maintained as a county home or district home by the board	56772
of county commissioners or a joint board of county commissioners	56773
under Chapter 5155. of the Revised Code;	56774

(d) Operated or administered by a board of alcohol, drug	56775
addiction, and mental health services under section 340.03 or	56776
340.06 of the Revised Code, or provides residential care pursuant	56777
to contracts made under section 340.03 or 340.033 of the Revised	56778
Code;	56779

(e) Maintained as a state institution for the mentally ill	56780
under Chapter 5119. of the Revised Code;	56781

(f) Licensed by the department of mental health under section	56782
5119.20 or 5119.22 of the Revised Code;	56783

(g) Licensed as a residential facility by the department of	56784
developmental disabilities under section 5123.19 of the Revised	56785
Code;	56786

(h) Operated by the veteran's administration or another	56787
agency of the United States government;	56788

(i) ~~The~~Operated by the Ohio ~~soldiers' and sailors'~~veterans'	56789
home.	56790

(2) A person is "in a correctional facility" if any of the	56791
following apply:	56792

(a) The person is an Ohio resident and is:

56793

(i) Imprisoned, as defined in section 1.05 of the Revised	56794
Code;	56795

(ii) Serving a term in a community-based correctional	56796
facility or a district community-based correctional facility;	56797

(iii) Required, as a condition of parole, a post-release	56798
control sanction, a community control sanction, transitional	56799
control, or early release from imprisonment, as a condition of	56800
shock parole or shock probation granted under the law in effect	56801
prior to July 1, 1996, or as a condition of a furlough granted	56802
under the version of section 2967.26 of the Revised Code in effect	56803
prior to March 17, 1998, to reside in a halfway house or other	56804
community residential center licensed under section 2967.14 of the	56805
Revised Code or a similar facility designated by the court of	56806
common pleas that established the condition or by the adult parole	56807
authority.	56808

(b) The person is imprisoned in a state correctional	56809
institution of another state or a federal correctional institution	56810
but was an Ohio resident at the time the sentence was imposed for	56811
the crime for which the person is imprisoned.	56812

(3) A person is "in a juvenile residential placement" if the	56813
person is an Ohio resident who is under twenty-one years of age	56814
and has been removed, by the order of a juvenile court, from the	56815
place the person resided at the time the person became subject to	56816
the court's jurisdiction in the matter that resulted in the	56817
person's removal.	56818

(4) "Community control sanction" has the same meaning as in	56819
section 2929.01 of the Revised Code.	56820

(5) "Post-release control sanction" has the same meaning as	56821
in section 2967.01 of the Revised Code.	56822

(B) If the circumstances described in division (C) of this	56823
section apply, the determination of what school district must	56824
admit a child to its schools and what district, if any, is liable	56825
for tuition shall be made in accordance with this section, rather	56826
than section 3313.64 of the Revised Code.	56827

(C) A child who does not reside in the school district in	56828
which the child's parent resides and for whom a tuition obligation	56829
previously has not been established under division (C)(2) of	56830
section 3313.64 of the Revised Code shall be admitted to the	56831
schools of the district in which the child resides if at least one	56832
of the child's parents is in a residential or correctional	56833
facility or a juvenile residential placement and the other parent,	56834
if living and not in such a facility or placement, is not known to	56835
reside in this state.	56836

(D) Regardless of who has custody or care of the child,	56837
whether the child resides in a home, or whether the child receives	56838
special education, if a district admits a child under division (C)	56839
of this section, tuition shall be paid to that district as	56840
follows:	56841

(1) If the child's parent is in a juvenile residential	56842
placement, by the district in which the child's parent resided at	56843
the time the parent became subject to the jurisdiction of the	56844
juvenile court;	56845

(2) If the child's parent is in a correctional facility, by	56846
the district in which the child's parent resided at the time the	56847
sentence was imposed;	56848

(3) If the child's parent is in a residential facility, by	56849
the district in which the parent resided at the time the parent	56850
was admitted to the residential facility, except that if the	56851
parent was transferred from another residential facility, tuition	56852
shall be paid by the district in which the parent resided at the	56853
time the parent was admitted to the facility from which the parent	56854
first was transferred;	56855

(4) In the event of a disagreement as to which school	56856
district is liable for tuition under division (C)(1), (2), or (3)	56857
of this section, the superintendent of public instruction shall	56858
determine which district shall pay tuition.	56859

(E) If a child covered by division (D) of this section	56860
receives special education in accordance with Chapter 3323. of the	56861
Revised Code, the tuition shall be paid in accordance with section	56862
3323.13 or 3323.14 of the Revised Code. Tuition for children who	56863
do not receive special education shall be paid in accordance with	56864
division (J) of section 3313.64 of the Revised Code.	56865

Sec. 3313.75. (A) The board of education of a city, exempted	56866
village, or local school district may authorize the opening of	56867
schoolhouses for any lawful purposes. ~~This~~	56868

(B) In accordance with this section and section 3313.77 of	56869
the Revised Code, a district board may rent or lease facilities	56870
under its control to any public or nonpublic institution of higher	56871
education for the institution's use in providing evening and	56872
summer classes.	56873

(C) This section does not authorize a board to rent or lease	56874
a schoolhouse when such rental or lease interferes with the public	56875
schools in such district, or for any purpose other than is	56876
authorized by law.	56877

Sec. 3313.816. ~~(A)~~ No public or chartered nonpublic school	56878
shall permit the sale of a la carte beverage items other than the	56879
following during the regular and extended school day:	56880

~~(1)~~(A) For a school in which the majority of grades offered	56881
are in the range from kindergarten to grade four:	56882

~~(a)~~(1) Water;

56883

~~(b)(i) Prior to January 1, 2014, eight ounces or less of~~	56884
~~low-fat or fat-free milk, including flavored milk, that contains~~	56885
~~not more than one hundred seventy calories per eight ounces;~~	56886

~~(ii) Beginning January 1, 2014, eight ounces or less of~~	56887
~~low-fat or fat-free milk, including flavored milk, that contains~~	56888
~~not more than one hundred fifty calories per eight ounces.~~	56889

~~(c)~~(2) Milk;

56890

(3) Eight ounces or less of one hundred per cent fruit juice,	56891
or a one hundred per cent fruit juice and water blend with no	56892
added sweeteners, that contains not more than one hundred sixty	56893
calories per eight ounces.	56894

~~(2)~~(B) For a school in which the majority of grades offered	56895
are in the range from grade five to grade eight:	56896

~~(a)~~(1) Water;

56897

~~(b)(i) Prior to January 1, 2014, eight ounces or less of~~	56898
~~low-fat or fat-free milk, including flavored milk, that contains~~	56899
~~not more than one hundred seventy calories per eight ounces;~~	56900

~~(ii) Beginning January 1, 2014, eight ounces or less of~~	56901
~~low-fat or fat-free milk, including flavored milk, that contains~~	56902
~~not more than one hundred fifty calories per eight ounces.~~	56903

~~(c)~~(2) Milk;

56904

(3) Ten ounces or less of one hundred per cent fruit juice,	56905
or a one hundred per cent fruit juice and water blend with no	56906
added sweeteners, that contains not more than one hundred sixty	56907
calories per eight ounces.	56908

~~(3)~~(C) For a school in which the majority of grades offered	56909
are in the range from grade nine to grade twelve:	56910

~~(a)~~(1) Water;

56911

~~(b)(i) Prior to January 1, 2014, sixteen ounces or less of~~	56912
~~low-fat or fat-free milk, including flavored milk, that contains~~	56913
~~not more than one hundred seventy calories per eight ounces;~~	56914

~~(ii) Beginning January 1, 2014, sixteen ounces or less of~~	56915
~~low-fat or fat-free milk, including flavored milk, that contains~~	56916
~~not more than one hundred fifty calories per eight ounces.~~	56917

~~(c)~~(2) Milk;

56918

(3) Twelve ounces or less of one hundred per cent fruit	56919
juice, or a one hundred per cent fruit juice and water blend with	56920
no added sweeteners, that contains not more than one hundred sixty	56921
calories per eight ounces;	56922

~~(d)~~(4) Twelve ounces or less of any beverage that contains	56923
not more than sixty-six calories per eight ounces;	56924

~~(e)~~(5) Any size of a beverage that contains not more than ten	56925
calories per eight ounces, which may include caffeinated beverages	56926
and beverages with added sweeteners, carbonation, or artificial	56927
flavoring.	56928

~~(B) Each public and chartered nonpublic school shall require~~	56929
~~at least fifty per cent of the a la carte beverage items available~~	56930
~~for sale from each of the following sources during the regular and~~	56931
~~extended school day to be water or other beverages that contain~~	56932
~~not more than ten calories per eight ounces:~~	56933

~~(1) A school food service program;~~

56934

~~(2) A vending machine located on school property that does~~	56935
~~not sell only milk or reimbursable meals;~~	56936

~~(3) A store operated by the school, a student association, or~~	56937
~~other school-sponsored organization.~~	56938

Sec. 3313.842. (A) The boards of education or governing	56939
authorities of any two or more school districts or community	56940
schools may enter into an agreement for joint or cooperative	56941
establishment and operation of any educational program including	56942
any class, course, or program that may be included in a school	56943
district's or community school's graded course of study and staff	56944
development programs for teaching and nonteaching school	56945
employees. Each school district or community school that is party	56946
to such an agreement may contribute funds of the district or	56947
school in support of the agreement and for the establishment and	56948
operation of any educational program established under the	56949
agreement. The agreement shall designate one of the districts or	56950
community schools as ~~the district~~ responsible for receiving and	56951
disbursing the funds contributed by the ~~districts that are~~ parties	56952
to the agreement.	56953

(B) Notwithstanding sections 3313.48 and 3313.64 of the	56954
Revised Code, any school district that is party to an agreement	56955
for joint or cooperative establishment and operation of an	56956
educational program may charge fees or tuition for students who	56957
participate in the program and are entitled to attend school in	56958
the district under section 3313.64 or 3313.65 of the Revised Code.	56959
Except as otherwise provided in division (H) of section 3321.01 of	56960
the Revised Code, no community school that is party to the	56961
agreement shall charge fees or tuition for students who	56962
participate in the program and are reported by the school under	56963
division (B)(2) of section 3314.08 of the Revised Code.	56964

Sec. 3313.843. (A) Notwithstanding division (D) of section	56965
3311.52 of the Revised Code, this section does not apply to ~~either~~	56966
~~of the following:~~	56967

~~(1) Any~~any cooperative education school district;

56968

~~(2) Any city or exempted village school district with a total~~	56969
~~student count of thirteen thousand or more determined pursuant to~~	56970
~~section 3317.03 of the Revised Code that has not entered into one~~	56971
~~or more agreements pursuant to this section prior to July 1, 1993,~~	56972
~~unless the district's total student count did not exceed thirteen~~	56973
~~thousand at the time it entered into an initial agreement under~~	56974
~~this section~~.	56975

(B)(1) The board of education of aeach city or, exempted	56976
village, or local school district ~~and~~with a student count of	56977
sixteen thousand or less, as defined in section 3301.011 of the	56978
Revised Code, shall enter into an agreement with the governing	56979
board of an educational service center ~~may enter into an~~	56980
~~agreement, through adoption of identical resolutions~~, under which	56981
the educational service center governing board will provide	56982
services to the ~~city or exempted village school~~ district.	56983

(2) The board of education of a city, exempted village, or	56984
local school district with a student count of more than sixteen	56985
thousand may enter into an agreement with the governing board of	56986
an educational service center, under which the educational service	56987
center governing board will provide services to the district.	56988

(3) Services provided under ~~the~~an agreement entered into	56989
under division (B)(1) or (2) of this section shall be specified in	56990
the agreement, and may include any ~~one or a combination~~ of the	56991
following: supervisory teachers; in-service and continuing	56992
education programs for ~~city or exempted village school~~ district	56993
personnel; curriculum services ~~as provided to the local school~~	56994
~~districts under the supervision of the service center governing~~	56995
~~board~~; research and development programs; academic instruction for	56996
which the governing board employs teachers pursuant to section	56997
3319.02 of the Revised Code; ~~and~~ assistance in the provision of	56998
special accommodations and classes for students with disabilities;	56999
or any other services the district board and service center	57000
governing board agree can be better provided by the service center	57001
and are not provided under an agreement entered into under section	57002
3313.845 of the Revised Code. Services included in the agreement	57003
shall be provided to the ~~city or exempted village~~ district in the	57004
~~same~~ manner ~~they are provided to local school districts under the~~	57005
~~governing board's supervision, unless otherwise~~ specified in the	57006
agreement. The ~~city or exempted village~~district board of	57007
education shall reimburse the educational service center governing	57008
board pursuant to section 3317.11 of the Revised Code.	57009

(C) ~~If an educational service center received funding under~~	57010
~~division (B) of former section 3317.11 or division (F) of section~~	57011
~~3317.11 of the Revised Code for an agreement under this section~~	57012
~~involving a city school district whose total student count was~~	57013
~~less than thirteen thousand, the service center may continue to~~	57014
~~receive funding under that division for such an agreement in any~~	57015
~~subsequent year if the city district's total student count exceeds~~	57016
~~thirteen thousand. However, only the first thirteen thousand~~	57017
~~pupils in the formula ADM of such district shall be included in~~	57018
~~determining the amount of the per pupil subsidy the service center~~	57019
~~shall receive under division (F) of section 3317.11 of the Revised~~	57020
~~Code.~~	57021

~~(D)~~ Any agreement entered into pursuant to this section shall	57022
be ~~valid only if a copy is~~ filed with the department of education	57023
by the first day of July of the school year for which the	57024
agreement is in effect.	57025

(D)(1) An agreement for services from an educational service	57026
center entered into under this section may be terminated by the	57027
school district board of education, at its option, by notifying	57028
the governing board of the service center by January 1, 2012, or	57029
by the first day of January of any odd-numbered year thereafter,	57030
that the district board intends to terminate the agreement in that	57031
year, and that termination shall be effective on the thirtieth day	57032
of June of that year. The failure of a district board to notify an	57033
educational service center of its intent to terminate an agreement	57034
by the first day of January of an odd-numbered year shall result	57035
in renewal of the existing agreement for the following two school	57036
years.	57037

(2) If the school district that terminates an agreement for	57038
services under division (D)(1) of this section is also subject to	57039
the requirement of division (B)(1) of this section, the district	57040
board shall enter into a new agreement with a different	57041
educational service center so that the new agreement is effective	57042
on the first day of July of that same year.	57043

Sec. 3313.845. The board of education of a city, exempted	57044
village, or local school district and the governing board of an	57045
educational service center may enter into an agreement~~, through~~	57046
~~adoption of identical resolutions,~~ under which the educational	57047
service center will provide services to the school district.	57048
Services provided under the agreement and the amount to be paid	57049
for such services shall be mutually agreed to by the district	57050
board of education and the service center governing board, and	57051
shall be specified in the agreement. Payment for services	57052
specified in the agreement shall be made pursuant to division (D)	57053
of section 3317.11 of the Revised Code and shall not include any	57054
deduction under division (B), (C), or (F) of that section. Any	57055
agreement entered into pursuant to this section shall be valid	57056
only if a copy is filed with the department of education by the	57057
first day of the school year for which the agreement is in effect.	57058

The authority granted under this section to the boards of	57059
education of city ~~and~~, exempted village, and local school	57060
districts is in addition to the authority granted to such boards	57061
under section 3313.843 of the Revised Code. ~~No city or exempted~~	57062
~~village district that is eligible to receive services from an~~	57063
~~educational service center under section 3313.843 of the Revised~~	57064
~~Code may receive any of the services described in division (B) of~~	57065
~~that section pursuant to an agreement entered into with an~~	57066
~~educational service center under this section.~~	57067

~~If a local school district enters into an agreement with an~~	57068
~~educational service center under this section and the district is~~	57069
~~not located within the territory of the service center, the~~	57070
~~agreement shall not require the district to receive any~~	57071
~~supervisory services described in division (B) of section 3317.11~~	57072
~~of the Revised Code from the service center. The supervisory~~	57073
~~services described in that section shall be provided to the~~	57074
~~district by the educational service center of the territory in~~	57075
~~which the district is located.~~	57076

Sec. 3313.846. The governing board of an educational service	57077
center may enter into a contract with any political subdivision as	57078
defined in section 2744.01 of the Revised Code, not including	57079
school districts, community schools, or STEM schools contracting	57080
for services under section 3313.843, 3313.844, 3313.845, or	57081
3326.45 of the Revised Code, under which the educational service	57082
center will provide services to the political subdivision.	57083
Services provided under the contract and the amount to be paid for	57084
such services shall be mutually agreed to by the parties and shall	57085
be specified in the contract. The political subdivision shall	57086
directly pay an educational service center for services specified	57087
in the contract. The board of the educational service center shall	57088
file a copy of each contract entered into under this section with	57089
the department of education by the first day the contract is in	57090
effect.	57091

Sec. 3313.88. (A)(1) Prior to the first day of August of	57092
each school year, the board of education of any school district or	57093
the governing authority of any chartered nonpublic school may	57094
submit to the department of education a plan to require students	57095
to access and complete classroom lessons posted on the district's	57096
or nonpublic school's web portal or web site in order to make up	57097
days in that school year on which it is necessary to close schools	57098
for any of the reasons specified in division (B) of section	57099
3317.01 of the Revised Code in excess of the number of days	57100
permitted under sections 3313.48, 3313.481, and 3317.01 of the	57101
Revised Code.	57102

Prior to the first day of August of each school year, the	57103
governing authority of any community school established under	57104
Chapter 3314. that is not an internet- or computer-based community	57105
school, as defined in section 3314.02 of the Revised Code, may	57106
submit to the department a plan to require students to access and	57107
complete classroom lessons posted on the school's web portal or	57108
web site in order to make up days or hours in that school year on	57109
which it is necessary to close the school for any of the reasons	57110
specified in division (L)(4) of section 3314.08 of the Revised	57111
Code so that the school is in compliance with the minimum number	57112
of hours required under Chapter 3314. of the Revised Code.	57113

A plan submitted by a school district board or chartered	57114
nonpublic school governing authority shall provide for making up	57115
any number of days, up to a maximum of three days. A plan	57116
submitted by a community school governing authority shall provide	57117
for making up any number of hours, up to a maximum of the	57118
equivalent of three days. Provided the plan meets all requirements	57119
of this section, the department shall permit the board or	57120
governing authority to implement the plan for the applicable	57121
school year.	57122

(2) Each plan submitted under this section by a school	57123
district board of education shall include the written consent of	57124
the teachers' employee representative designated under division	57125
(B) of section 4117.04 of the Revised Code.	57126

(3) Each plan submitted under this section shall provide for	57127
the following:	57128

(a) Not later than the first day of November of the school	57129
year, each classroom teacher shall develop a sufficient number of	57130
lessons for each course taught by the teacher that school year to	57131
cover the number of make-up days or hours specified in the plan.	57132
The teacher shall designate the order in which the lessons are to	57133
be posted on the district's, community school's, or nonpublic	57134
school's web portal or web site in the event of a school closure.	57135
Teachers may be granted up to one professional development day to	57136
create lesson plans for those lessons.	57137

(b) To the extent possible and necessary, a classroom teacher	57138
shall update or replace, based on current instructional progress,	57139
one or more of the lesson plans developed under division (A)(3)(a)	57140
of this section before they are posted on the web portal or web	57141
site under division (A)(3)(c) of this section or distributed under	57142
division (B) of this section.	57143

(c) As soon as practicable after a school closure, a district	57144
or school employee responsible for web portal or web site	57145
operations shall make the designated lessons available to students	57146
on the district's, community school's, or nonpublic school's	57147
portal or site. A lesson shall be posted for each course that was	57148
scheduled to meet on the day or hours of the closure.	57149

(d) Each student enrolled in a course for which a lesson is	57150
posted on the portal or site shall be granted a two-week period	57151
from the date of posting to complete the lesson. The student's	57152
classroom teacher shall grade the lesson in the same manner as	57153
other lessons. The student may receive an incomplete or failing	57154
grade if the lesson is not completed on time.	57155

(e) If a student does not have access to a computer at the	57156
student's residence and the plan does not include blizzard bags	57157
under division (B) of this section, the student shall be permitted	57158
to work on the posted lessons at school after the student's school	57159
reopens. If the lessons were posted prior to the reopening, the	57160
student shall be granted a two-week period from the date of the	57161
reopening, rather than from the date of posting as otherwise	57162
required under division (A)(3)(d) of this section, to complete the	57163
lessons. The district board or community school or nonpublic	57164
school governing authority may provide the student access to a	57165
computer before, during, or after the regularly scheduled school	57166
day or may provide a substantially similar paper lesson in order	57167
to complete the lessons.	57168

(B)(1) In addition to posting classroom lessons online under	57169
division (A) of this section, the board of education of any school	57170
district or governing authority of any community or chartered	57171
nonpublic school may include in the plan distribution of "blizzard	57172
bags," which are paper copies of the lessons posted online.	57173

(2) If a school opts to use blizzard bags, teachers shall	57174
prepare paper copies in conjunction with the lessons to be posted	57175
online and update the paper copies whenever the teacher updates	57176
the online lesson plans.	57177

(3) The board of education of any school district or	57178
governing authority of any community or chartered nonpublic school	57179
that opts to use blizzard bags shall specify in the plan the	57180
method of distribution of blizzard bag lessons, which may include,	57181
but not be limited to, requiring distribution by a specific	57182
deadline or requiring distribution prior to anticipated school	57183
closure as directed by the superintendent of a school district or	57184
the principal, director, chief administrative officer, or the	57185
equivalent, of a school.	57186

(4) Students shall turn in completed lessons in accordance	57187
with division (A)(3)(d) of this section.	57188

(C)(1) No school district that implements a plan in	57189
accordance with this section shall be considered to have failed to	57190
comply with division (B) of section 3317.01 of the Revised Code	57191
with respect to the number of make-up days specified in the plan.	57192

(2) No community school that implements a plan in accordance	57193
with this section shall be considered to have failed to comply	57194
with the minimum number of hours required under Chapter 3314. of	57195
the Revised Code with respect to the number of make-up hours	57196
specified in the plan.	57197

Sec. 3313.911. The state board of education may adopt a	57198
resolution assigning a city, exempted village, or local school	57199
district that is not a part of a joint vocational school district	57200
to membership in a joint vocational school district. A copy of the	57201
resolution shall be certified to the board of education of the	57202
joint vocational school district and the board of education of the	57203
district proposed to be assigned. The board of education of the	57204
joint vocational school district shall advertise a copy of the	57205
resolution in a newspaper of general circulation in the district	57206
proposed to be assigned once each week for ~~at least~~ two weeks, or	57207
as provided in section 7.16 of the Revised Code, immediately	57208
following the certification of the resolution to the board. The	57209
assignment shall take effect on the ninety-first day after the	57210
state board adopts the resolution, unless prior to that date	57211
qualified electors residing in the school district proposed for	57212
assignment, equal in number to ten per cent of the qualified	57213
electors of that district voting at the last general election,	57214
file a petition against the assignment.	57215

The petition of referendum shall be filed with the treasurer	57216
of the board of education of the district proposed to be assigned	57217
to the joint vocational school district. The treasurer shall give	57218
the person presenting the petition a receipt showing the time of	57219
day, date, and purpose of the petition. The treasurer shall cause	57220
the board of elections to determine the sufficiency of signatures	57221
on the petition and if the signatures are found to be sufficient,	57222
shall present the petition to the board of education of the	57223
district. The board of education shall promptly certify the	57224
question to the board of elections for the purpose of having the	57225
question placed on the ballot at the next general, primary, or	57226
special election not earlier than sixty days after the date of the	57227
certification.	57228

Only those qualified electors residing in the district	57229
proposed for assignment to the joint vocational school district	57230
are qualified to vote on the question. If a majority of the	57231
electors voting on the question vote against the assignment, it	57232
shall not take place, and the state board of education shall	57233
require the district to contract with the joint vocational school	57234
district or another school district as authorized by section	57235
3313.91 of the Revised Code.	57236

If a majority of the electors voting on the question do not	57237
vote against the assignment, the assignment shall take immediate	57238
effect, and the board of education of the joint vocational school	57239
district shall notify the county auditor of the county in which	57240
the school district becoming a part of the joint vocational school	57241
district is located to have any outstanding levy of the joint	57242
vocational school district spread over the territory of the school	57243
district that has become a part of the joint vocational school	57244
district.	57245

The assignment of a school district to a joint vocational	57246
school district pursuant to this section is subject to any	57247
agreements made between the board of education of the assigned	57248
school district and the board of education of the joint vocational	57249
school district. Such an agreement may include provisions for a	57250
payment by the assigned school district to the joint vocational	57251
school district of an amount to be contributed toward the cost of	57252
the existing facilities of the joint vocational school district.	57253

On the assignment of a school district to a joint vocational	57254
school district pursuant to this section, the joint vocational	57255
school district's board of education shall submit a proposal to	57256
the state board of education to enlarge or reorganize the	57257
membership of the joint vocational school district's board of	57258
education if expansion or reorganization of the board is necessary	57259
in order to comply with section 3311.19 of the Revised Code.	57260

Sec. 3313.97. Notwithstanding division (D) of section	57261
3311.19 and division (D) of section 3311.52 of the Revised Code,	57262
this section does not apply to any joint vocational or cooperative	57263
education school district.	57264

(A) As used in this section:

57265

(1) "Parent" has the same meaning as in section 3313.64 of	57266
the Revised Code.	57267

(2) "Alternative school" means a school building other than	57268
the one to which a student is assigned by the district	57269
superintendent.	57270

(3) "IEP" has the same meaning as in section 3323.01 of the	57271
Revised Code.	57272

(B) The board of education of each city, local, and exempted	57273
village school district shall adopt an open enrollment policy	57274
allowing students entitled to attend school in the district	57275
pursuant to section 3313.64 or 3313.65 of the Revised Code to	57276
enroll in an alternative school. Each policy shall provide for the	57277
following:	57278

(1) Application procedures, including deadlines for	57279
application and for notification of students and principals of	57280
alternative schools whenever a student's application is accepted.	57281
The policy shall require a student to apply only if the student	57282
wishes to attend an alternative school.	57283

(2) The establishment of district capacity limits by grade	57284
level, school building, and education program;	57285

(3) A requirement that students enrolled in a school building	57286
or living in any attendance area of the school building	57287
established by the superintendent or board be given preference	57288
over applicants;	57289

(4) Procedures to ensure that an appropriate racial balance	57290
is maintained in the district schools.	57291

Each policy may permit a student to permanently transfer to	57292
an alternative school so that the student need not reapply	57293
annually for permission to attend the alternative school.	57294

(C) Except as provided in section 3313.982 of the Revised	57295
Code, the procedures for admitting applicants to alternative	57296
schools shall not include:	57297

(1) Any requirement of academic ability, or any level of	57298
athletic, artistic, or other extracurricular skills;	57299

(2) Limitations on admitting applicants because of disabling	57300
conditions, except that a board may require a student receiving	57301
services under Chapter 3323. of the Revised Code to attend school	57302
where the services described in the student's IEP are available;	57303

(3) A requirement that the student be proficient in the	57304
English language;	57305

(4) Rejection of any applicant because the student has been	57306
subject to disciplinary proceedings, except that if an applicant	57307
has been suspended or expelled for ten consecutive days or more in	57308
the term for which admission is sought or in the term immediately	57309
preceding the term for which admission is sought, the procedures	57310
may include a provision denying admission of such applicant to an	57311
alternative school.	57312

(D)(1) Notwithstanding Chapter 3327. of the Revised Code, and	57313
except as provided in division (D)(2) of this section, a district	57314
board is not required to provide transportation to a nondisabled	57315
student enrolled in an alternative school unless such student can	57316
be picked up and dropped off at a regular school bus stop	57317
designated in accordance with the board's transportation policy or	57318
unless the board is required to provide additional transportation	57319
to the student in accordance with a court-approved desegregation	57320
plan.	57321

(2) A district board shall provide transportation to any	57322
student described in 20 U.S.C. 6316(b)(1)(F) to the extent	57323
required by division (E) of section 3302.04 of the Revised Code,	57324
except that no district board shall be required to provide	57325
transportation to any such student after the school in which the	57326
student was enrolled immediately prior to enrolling in the	57327
alternative school makes adequate yearly progress, as defined in	57328
section 3302.01 of the Revised Code, for two consecutive school	57329
years.	57330

(E) Each school board shall provide information about the	57331
policy adopted under this section and the application procedures	57332
and deadlines to the parent of each student in the district and to	57333
the general public.	57334

(F) The state board of education shall monitor school	57335
districts to ensure compliance with this section and the	57336
districts' policies.	57337

Sec. 3313.975. As used in this section and in sections	57338
3313.975 to 3313.979 of the Revised Code, "the pilot project	57339
school district" or "the district" means any school district	57340
included in the pilot project scholarship program pursuant to this	57341
section.	57342

(A) The superintendent of public instruction shall establish	57343
a pilot project scholarship program and shall include in such	57344
program any school districts that are or have ever been under	57345
federal court order requiring supervision and operational	57346
management of the district by the state superintendent. The	57347
program shall provide for a number of students residing in any	57348
such district to receive scholarships to attend alternative	57349
schools, and for an equal number of students to receive tutorial	57350
assistance grants while attending public school in any such	57351
district.	57352

(B) The state superintendent shall establish an application	57353
process and deadline for accepting applications from students	57354
residing in the district to participate in the scholarship	57355
program. In the initial year of the program students may only use	57356
a scholarship to attend school in grades kindergarten through	57357
third.	57358

The state superintendent shall award as many scholarships and	57359
tutorial assistance grants as can be funded given the amount	57360
appropriated for the program. In no case, however, shall more than	57361
fifty per cent of all scholarships awarded be used by students who	57362
were enrolled in a nonpublic school during the school year of	57363
application for a scholarship.	57364

(C)(1) The pilot project program shall continue in effect	57365
each year that the general assembly has appropriated sufficient	57366
money to fund scholarships and tutorial assistance grants. In each	57367
year the program continues, no new students may receive	57368
scholarships ~~unless they are enrolled~~ in grades kindergarten to	57369
~~eight~~twelve. ~~However, any~~A student who has received a	57370
scholarship ~~the preceding year~~ may continue to receive one until	57371
the student has completed grade ~~ten. Beginning in the 2005-2006~~	57372
~~academic year, a student who previously has received a scholarship~~	57373
~~may receive a scholarship in grade eleven. Beginning in the~~	57374
~~2006-2007 academic year, a student who previously has received a~~	57375
~~scholarship may receive a scholarship in grade~~ twelve.	57376

(2) If the general assembly discontinues the scholarship	57377
program, all students who are attending an alternative school	57378
under the pilot project shall be entitled to continued admittance	57379
to that specific school through all grades that are provided in	57380
such school, under the same conditions as when they were	57381
participating in the pilot project. The state superintendent shall	57382
continue to make scholarship payments in accordance with division	57383
(A) or (B) of section 3313.979 of the Revised Code for students	57384
who remain enrolled in an alternative school under this provision	57385
in any year that funds have been appropriated for this purpose.	57386

If funds are not appropriated, the tuition charged to the	57387
parents of a student who remains enrolled in an alternative school	57388
under this provision shall not be increased beyond the amount	57389
equal to the amount of the scholarship plus any additional amount	57390
charged that student's parent in the most recent year of	57391
attendance as a participant in the pilot project, except that	57392
tuition for all the students enrolled in such school may be	57393
increased by the same percentage.	57394

(D) Notwithstanding sections 124.39, 3307.54, and 3319.17 of	57395
the Revised Code, if the pilot project school district experiences	57396
a decrease in enrollment due to participation in a state-sponsored	57397
scholarship program pursuant to sections 3313.974 to 3313.979 of	57398
the Revised Code, the district board of education may enter into	57399
an agreement with any teacher it employs to provide to that	57400
teacher severance pay or early retirement incentives, or both, if	57401
the teacher agrees to terminate the employment contract with the	57402
district board, provided any collective bargaining agreement in	57403
force pursuant to Chapter 4117. of the Revised Code does not	57404
prohibit such an agreement for termination of a teacher's	57405
employment contract.	57406

Sec. 3313.976. (A) No private school may receive scholarship	57407
payments from parents pursuant to section 3313.979 of the Revised	57408
Code until the chief administrator of the private school registers	57409
the school with the superintendent of public instruction. The	57410
state superintendent shall register any school that meets the	57411
following requirements:	57412

(1) The school is located within the boundaries of the pilot	57413
project school district;	57414

(2) The school indicates in writing its commitment to follow	57415
all requirements for a state-sponsored scholarship program	57416
specified under sections 3313.974 to 3313.979 of the Revised Code,	57417
including, but not limited to, the requirements for admitting	57418
students pursuant to section 3313.977 of the Revised Code;	57419

(3) The school meets all state minimum standards for	57420
chartered nonpublic schools in effect on July 1, 1992, except that	57421
the state superintendent at the superintendent's discretion may	57422
register nonchartered nonpublic schools meeting the other	57423
requirements of this division;	57424

(4) The school does not discriminate on the basis of race,	57425
religion, or ethnic background;	57426

(5) The school enrolls a minimum of ten students per class or	57427
a sum of at least twenty-five students in all the classes offered;	57428

(6) The school does not advocate or foster unlawful behavior	57429
or teach hatred of any person or group on the basis of race,	57430
ethnicity, national origin, or religion;	57431

(7) The school does not provide false or misleading	57432
information about the school to parents, students, or the general	57433
public;	57434

(8) For students in grades kindergarten through eight with	57435
family incomes at or below two hundred per cent of the federal	57436
poverty guidelines, as defined in section 5104.46 of the Revised	57437
Code, the school agrees not to charge any tuition ~~to low-income~~	57438
~~families receiving ninety per cent of the scholarship amount~~	57439
~~through the scholarship program, pursuant to division (A) of~~	57440
~~section 3313.978 of the Revised Code,~~ in excess of ~~ten per cent of~~	57441
the scholarship amount established pursuant to division (C)(1) of	57442
section 3313.978 of the Revised Code, excluding any increase	57443
described in division (C)(2) of that section. ~~The school shall~~	57444
~~permit any such tuition, at the discretion of the parent, to be~~	57445
~~satisfied by the low-income family's provision of in-kind~~	57446
~~contributions or services.~~	57447

(9) For students in grades kindergarten through eight with	57448
family incomes above two hundred per cent of the federal poverty	57449
guidelines, whose scholarship amounts are less than the actual	57450
tuition charge of the school, the school agrees not to charge any	57451
tuition ~~to low-income families receiving a seventy-five per cent~~	57452
~~scholarship amount through the scholarship program, pursuant to~~	57453
~~division (A) of section 3313.978 of the Revised Code,~~ in excess of	57454
the difference between the actual tuition charge of the school and	57455
~~seventy-five per cent of~~ the scholarship amount established	57456
pursuant to division (C)(1) of section 3313.978 of the Revised	57457
Code, excluding any increase described in division (C)(2) of that	57458
section. The school shall permit such tuition, at the discretion	57459
of the parent, to be satisfied by the ~~low-income~~ family's	57460
provision of in-kind contributions or services.	57461

(10) The school agrees not to charge any tuition to families	57462
of students in grades nine through twelve receiving a scholarship	57463
in excess of the actual tuition charge of the school less	57464
~~seventy-five or ninety per cent of~~ the scholarship amount	57465
established pursuant to division (C)(1) of section 3313.978 of the	57466
Revised Code, ~~as applicable,~~ excluding any increase described in	57467
division (C)(2) of that section.	57468

(11) Notwithstanding division (K) of section 3301.0711 of the	57469
Revised Code, the school annually administers the assessments	57470
prescribed by section 3301.0710 of the Revised Code to each	57471
scholarship student enrolled in the school in accordance with	57472
section 3301.0711 of the Revised Code and reports to the	57473
department of education the results of each such assessment	57474
administered to each scholarship student.	57475

(B) The state superintendent shall revoke the registration of	57476
any school if, after a hearing, the superintendent determines that	57477
the school is in violation of any of the provisions of division	57478
(A) of this section.	57479

(C) Any public school located in a school district adjacent	57480
to the pilot project district may receive scholarship payments on	57481
behalf of parents pursuant to section 3313.979 of the Revised Code	57482
if the superintendent of the district in which such public school	57483
is located notifies the state superintendent prior to the first	57484
day of March that the district intends to admit students from the	57485
pilot project district for the ensuing school year pursuant to	57486
section 3327.06 of the Revised Code.	57487

(D) Any parent wishing to purchase tutorial assistance from	57488
any person or governmental entity pursuant to the pilot project	57489
program under sections 3313.974 to 3313.979 of the Revised Code	57490
shall apply to the state superintendent. The state superintendent	57491
shall approve providers who appear to possess the capability of	57492
furnishing the instructional services they are offering to	57493
provide.	57494

Sec. 3313.978. (A) Annually by the first day of November,	57495
the superintendent of public instruction shall notify the pilot	57496
project school district of the number of initial scholarships that	57497
the state superintendent will be awarding in each of grades	57498
kindergarten through ~~eight~~twelve.	57499

The state superintendent shall provide information about the	57500
scholarship program to all students residing in the district,	57501
shall accept applications from any such students until such date	57502
as shall be established by the state superintendent as a deadline	57503
for applications, and shall establish criteria for the selection	57504
of students to receive scholarships from among all those applying	57505
prior to the deadline, which criteria shall give preference to	57506
students from low-income families. ~~For each student selected, the~~	57507
~~state superintendent shall also determine whether the student~~	57508
~~qualifies for seventy-five or ninety per cent of the scholarship~~	57509
~~amount. Students whose family income is at or above two hundred~~	57510
~~per cent of the maximum income level established by the state~~	57511
~~superintendent for low-income families shall qualify for~~	57512
~~seventy-five per cent of the scholarship amount and students whose~~	57513
~~family income is below two hundred per cent of that maximum income~~	57514
~~level shall qualify for ninety per cent of the scholarship amount.~~	57515
The state superintendent shall notify students of their selection	57516
prior to the fifteenth day of January ~~and whether they qualify for~~	57517
~~seventy-five or ninety per cent of the scholarship amount~~.	57518

(1) A student receiving a pilot project scholarship may	57519
utilize it at an alternative public school by notifying the	57520
district superintendent, at any time before the beginning of the	57521
school year, of the name of the public school in an adjacent	57522
school district to which the student has been accepted pursuant to	57523
section 3327.06 of the Revised Code.	57524

(2) A student may decide to utilize a pilot project	57525
scholarship at a registered private school in the district if all	57526
of the following conditions are met:	57527

(a) By the fifteenth day of February of the preceding school	57528
year, or at any time prior to the start of the school year, the	57529
parent makes an application on behalf of the student to a	57530
registered private school.	57531

(b) The registered private school notifies the parent and the	57532
state superintendent as follows that the student has been	57533
admitted:	57534

(i) By the fifteenth day of March of the preceding school	57535
year if the student filed an application by the fifteenth day of	57536
February and was admitted by the school pursuant to division (A)	57537
of section 3313.977 of the Revised Code;	57538

(ii) Within one week of the decision to admit the student if	57539
the student is admitted pursuant to division (C) of section	57540
3313.977 of the Revised Code.	57541

(c) The student actually enrolls in the registered private	57542
school to which the student was first admitted or in another	57543
registered private school in the district or in a public school in	57544
an adjacent school district.	57545

(B) The state superintendent shall also award in any school	57546
year tutorial assistance grants to a number of students equal to	57547
the number of students who receive scholarships under division (A)	57548
of this section. Tutorial assistance grants shall be awarded	57549
solely to students who are enrolled in the public schools of the	57550
district in a grade level covered by the pilot project. Tutorial	57551
assistance grants may be used solely to obtain tutorial assistance	57552
from a provider approved pursuant to division (D) of section	57553
3313.976 of the Revised Code.	57554

All students wishing to obtain tutorial assistance grants	57555
shall make application to the state superintendent by the first	57556
day of the school year in which the assistance will be used. The	57557
state superintendent shall award assistance grants in accordance	57558
with criteria the superintendent shall establish. ~~For each student~~	57559
~~awarded a grant, the state superintendent shall also determine~~	57560
~~whether the student qualifies for seventy-five or ninety per cent~~	57561
~~of the grant amount and so notify the student. Students whose~~	57562
~~family income is at or above two hundred per cent of the maximum~~	57563
~~income level established by the state superintendent for~~	57564
~~low-income families shall qualify for seventy-five per cent of the~~	57565
~~grant amount and students whose family income is below two hundred~~	57566
~~per cent of that maximum income level shall qualify for ninety per~~	57567
~~cent of the grant amount.~~	57568

(C)(1) In the case of basic scholarships for students in	57569
grades kindergarten through eight, the scholarship amount shall	57570
not exceed the lesser of the tuition charges of the alternative	57571
school the scholarship recipient attends or three thousand dollars	57572
before fiscal year 2007 ~~and~~, three thousand four hundred fifty	57573
dollars in fiscal year 2007 through fiscal year 2011, and four	57574
thousand two hundred fifty dollars in fiscal year 2012 and	57575
thereafter.	57576

In the case of basic scholarships for students in grades nine	57577
through twelve, the scholarship amount shall not exceed the lesser	57578
of the tuition charges of the alternative school the scholarship	57579
recipient attends or two thousand seven hundred dollars before	57580
fiscal year 2007 ~~and~~, three thousand four hundred fifty dollars in	57581
fiscal year 2007 through fiscal year 2011, and five thousand	57582
dollars in fiscal year 2012 and thereafter.	57583

(2) The state superintendent shall provide for an increase in	57584
the basic scholarship amount in the case of any student who is a	57585
mainstreamed student with a disability and shall further increase	57586
such amount in the case of any separately educated student with a	57587
disability. Such increases shall take into account the	57588
instruction, related services, and transportation costs of	57589
educating such students.	57590

(3) In the case of tutorial assistance grants, the grant	57591
amount shall not exceed the lesser of the provider's actual	57592
charges for such assistance or:	57593

(a) Before fiscal year 2007, a percentage established by the	57594
state superintendent, not to exceed twenty per cent, of the amount	57595
of the pilot project school district's average basic scholarship	57596
amount;	57597

(b) In fiscal year 2007 and thereafter, four hundred dollars.

57598

~~(4) No scholarship or tutorial assistance grant shall be~~	57599
~~awarded unless the state superintendent determines that~~	57600
~~twenty-five or ten per cent, as applicable, of the amount~~	57601
~~specified for such scholarship or grant pursuant to division~~	57602
~~(C)(1), (2), or (3) of this section will be furnished by a~~	57603
~~political subdivision, a private nonprofit or for profit entity,~~	57604
~~or another person. Only seventy-five or ninety per cent of such~~	57605
~~amounts, as applicable, shall be paid from state funds pursuant to~~	57606
~~section 3313.979 of the Revised Code.~~	57607

(D)(1) Annually by the first day of November, the state	57608
superintendent shall estimate the maximum per-pupil scholarship	57609
amounts for the ensuing school year. The state superintendent	57610
shall make this estimate available to the general public at the	57611
offices of the district board of education together with the forms	57612
required by division (D)(2) of this section.	57613

(2) Annually by the fifteenth day of January, the chief	57614
administrator of each registered private school located in the	57615
pilot project district and the principal of each public school in	57616
such district shall complete a parental information form and	57617
forward it to the president of the board of education. The	57618
parental information form shall be prescribed by the department of	57619
education and shall provide information about the grade levels	57620
offered, the numbers of students, tuition amounts, achievement	57621
test results, and any sectarian or other organizational	57622
affiliations.	57623

(E)(1) Only for the purpose of administering the pilot	57624
project scholarship program, the department may request from any	57625
of the following entities the data verification code assigned	57626
under division (D)(2) of section 3301.0714 of the Revised Code to	57627
any student who is seeking a scholarship under the program:	57628

(a) The school district in which the student is entitled to	57629
attend school under section 3313.64 or 3313.65 of the Revised	57630
Code;	57631

(b) If applicable, the community school in which the student	57632
is enrolled;	57633

(c) The independent contractor engaged to create and maintain	57634
data verification codes.	57635

(2) Upon a request by the department under division (E)(1) of	57636
this section for the data verification code of a student seeking a	57637
scholarship or a request by the student's parent for that code,	57638
the school district or community school shall submit that code to	57639
the department or parent in the manner specified by the	57640
department. If the student has not been assigned a code, because	57641
the student will be entering kindergarten during the school year	57642
for which the scholarship is sought, the district shall assign a	57643
code to that student and submit the code to the department or	57644
parent by a date specified by the department. If the district does	57645
not assign a code to the student by the specified date, the	57646
department shall assign a code to the student.	57647

The department annually shall submit to each school district	57648
the name and data verification code of each student residing in	57649
the district who is entering kindergarten, who has been awarded a	57650
scholarship under the program, and for whom the department has	57651
assigned a code under this division.	57652

(3) The department shall not release any data verification	57653
code that it receives under division (E) of this section to any	57654
person except as provided by law.	57655

(F) Any document relative to the pilot project scholarship	57656
program that the department holds in its files that contains both	57657
a student's name or other personally identifiable information and	57658
the student's data verification code shall not be a public record	57659
under section 149.43 of the Revised Code.	57660

(G)(1) The department annually shall compile the scores	57661
attained by scholarship students enrolled in registered private	57662
schools on the assessments administered to the students pursuant	57663
to division (A)(11) of section 3313.976 of the Revised Code. The	57664
scores shall be aggregated as follows:	57665

(a) By school district, which shall include all scholarship	57666
students residing in the pilot project school district who are	57667
enrolled in a registered private school and were required to take	57668
an assessment pursuant to division (A)(11) of section 3313.976 of	57669
the Revised Code;	57670

(b) By registered private school, which shall include all	57671
scholarship students enrolled in that school who were required to	57672
take an assessment pursuant to division (A)(11) of section	57673
3313.976 of the Revised Code.	57674

(2) The department shall disaggregate the student performance	57675
data described in division (G)(1) of this section according to the	57676
following categories:	57677

(a) Age;

57678

(b) Race and ethnicity;

57679

57680

(d) Students who have participated in the scholarship program	57681
for three or more years;	57682

(e) Students who have participated in the scholarship program	57683
for more than one year and less than three years;	57684

(f) Students who have participated in the scholarship program	57685
for one year or less;	57686

(g) Economically disadvantaged students.

57687

(3) The department shall post the student performance data	57688
required under divisions (G)(1) and (2) of this section on its web	57689
site and shall include that data in the information about the	57690
scholarship program provided to students under division (A) of	57691
this section. In reporting student performance data under this	57692
division, the department shall not include any data that is	57693
statistically unreliable or that could result in the	57694
identification of individual students. For this purpose, the	57695
department shall not report performance data for any group that	57696
contains less than ten students.	57697

(4) The department shall provide the parent of each	57698
scholarship student enrolled in a registered private school with	57699
information comparing the student's performance on the assessments	57700
administered pursuant to division (A)(11) of section 3313.976 of	57701
the Revised Code with the average performance of similar students	57702
enrolled in the building operated by the pilot project school	57703
district that the scholarship student would otherwise attend. In	57704
calculating the performance of similar students, the department	57705
shall consider age, grade, race and ethnicity, gender, and	57706
socioeconomic status.	57707

Sec. 3313.979. Each scholarship to be used for payments to a	57708
registered private school is payable to the parents of the student	57709
entitled to the scholarship. Each scholarship to be used for	57710
payments to a public school in an adjacent school district is	57711
payable to the school district of attendance by the superintendent	57712
of public instruction. Each grant to be used for payments to an	57713
approved tutorial assistance provider is payable to the approved	57714
tutorial assistance provider.	57715

(A)(1) By the fifteenth day of each month of the school year	57716
that any scholarship students are enrolled in a registered private	57717
school, the chief administrator of that school shall notify the	57718
state superintendent of:	57719

(a) The number of scholarship students who were reported to	57720
the school district as having been admitted by that private school	57721
pursuant to division (A)(2)(b) of section 3313.978 of the Revised	57722
Code and who were still enrolled in the private school as of the	57723
first day of such month~~, and the numbers of such students who~~	57724
~~qualify for seventy-five and ninety per cent of the scholarship~~	57725
~~amount~~;	57726

(b) The number of scholarship students who were reported to	57727
the school district as having been admitted by another private	57728
school pursuant to division (A)(2)(b) of section 3313.978 of the	57729
Revised Code and since the date of admission have transferred to	57730
the school providing the notification under division (A)(1) of	57731
this section~~, and the numbers of such students who qualify for~~	57732
~~seventy-five and ninety per cent of the scholarship amount~~.	57733

(2) From time to time, the state superintendent shall make a	57734
payment to the parent of each student entitled to a scholarship.	57735
Each payment shall include for each student reported under	57736
division (A)(1) of this section, a portion of ~~seventy-five or~~	57737
~~ninety per cent, as applicable, of~~ the scholarship amount	57738
specified in divisions (C)(1) and (2) of section 3313.978 of the	57739
Revised Code. This amount shall be proportionately reduced in the	57740
case of any such student who is not enrolled in a registered	57741
private school for the entire school year.	57742

(3) The first payment under this division shall be made by	57743
the last day of November and shall equal one-third of ~~seventy-five~~	57744
~~or ninety per cent, as applicable, of~~ the estimated total amount	57745
that will be due to the parent for the school year pursuant to	57746
division (A)(2) of this section.	57747

(B) The state superintendent, on behalf of the parents of a	57748
scholarship student enrolled in a public school in an adjacent	57749
school district pursuant to section 3327.06 of the Revised Code,	57750
shall make the tuition payments required by that section to the	57751
school district admitting the student, except that,	57752
notwithstanding sections 3323.13, 3323.14, and 3327.06 of the	57753
Revised Code, the total payments in any school year shall not	57754
exceed ~~seventy-five or ninety per cent, as applicable, of~~ the	57755
scholarship amount provided in divisions (C)(1) and (2) of section	57756
3313.978 of the Revised Code.	57757

(C) Whenever an approved provider provides tutorial	57758
assistance to a student, the state superintendent shall pay the	57759
approved provider for such costs upon receipt of a statement	57760
specifying the services provided and the costs of the services,	57761
which statement shall be signed by the provider and verified by	57762
the chief administrator having supervisory control over the	57763
tutoring site. The total payments to any approved provider under	57764
this division for all provider services to any individual student	57765
in any school year shall not exceed ~~seventy-five or ninety per~~	57766
~~cent, as applicable, of~~ the grant amount provided in division	57767
(C)(3) of section 3313.978 of the Revised Code.	57768

Sec. 3313.981. (A) The state board of education shall adopt	57769
rules requiring all of the following:	57770

(1) The board of education of each city, exempted village,	57771
and local school district to annually report to the department of	57772
education all of the following:	57773

(a) The number of adjacent district or other district	57774
students, as applicable, and adjacent district or other district	57775
joint vocational students, as applicable, enrolled in the district	57776
and the number of native students enrolled in adjacent or other	57777
districts, in accordance with a policy adopted under division (B)	57778
of section 3313.98 of the Revised Code;	57779

(b) Each adjacent district or other district student's or	57780
adjacent district or other district joint vocational student's	57781
date of enrollment in the district;	57782

(c) The full-time equivalent number of adjacent district or	57783
other district students enrolled in vocational education programs	57784
or classes described in division (A) of section 3317.014 of the	57785
Revised Code and the full-time equivalent number of such students	57786
enrolled in vocational education programs or classes described in	57787
division (B) of that section;	57788

(d) Each native student's date of enrollment in an adjacent	57789
or other district.	57790

(2) The board of education of each joint vocational school	57791
district to annually report to the department all of the	57792
following:	57793

(a) The number of adjacent district or other district joint	57794
vocational students, as applicable, enrolled in the district;	57795

(b) The full-time equivalent number of adjacent district or	57796
other district joint vocational students enrolled in vocational	57797
education programs or classes described in division (A) of section	57798
3317.014 of the Revised Code and the full-time equivalent number	57799
of such students enrolled in vocational education programs or	57800
classes described in division (B) of that section;	57801

(c) For each adjacent district or other district joint	57802
vocational student, the city, exempted village, or local school	57803
district in which the student is also enrolled.	57804

(3) Prior to the first full school week in October each year,	57805
the superintendent of each city, local, or exempted village school	57806
district that admits adjacent district or other district students	57807
or adjacent district or other district joint vocational students	57808
in accordance with a policy adopted under division (B) of section	57809
3313.98 of the Revised Code to notify each adjacent or other	57810
district where those students are entitled to attend school under	57811
section 3313.64 or 3313.65 of the Revised Code of the number of	57812
the adjacent or other district's native students who are enrolled	57813
in the superintendent's district under the policy.	57814

The rules shall provide for the method of counting students	57815
who are enrolled for part of a school year in an adjacent or other	57816
district or as an adjacent district or other district joint	57817
vocational student.	57818

(B) From the payments made to a city, exempted village, or	57819
local school district under Chapter ~~3306.~~3317. of the Revised	57820
Code and, if necessary, from the payments made to the district	57821
under sections 321.24 and 323.156 of the Revised Code, the	57822
department of education shall annually subtract both of the	57823
following:	57824

(1) An amount equal to the number of the district's native	57825
students reported under division (A)(1) of this section who are	57826
enrolled in adjacent or other school districts pursuant to	57827
policies adopted by such districts under division (B) of section	57828
3313.98 of the Revised Code multiplied by the adjusted formula	57829
amount;	57830

(2) The excess costs computed in accordance with division (E)	57831
of this section for any such native students receiving special	57832
education and related services in adjacent or other school	57833
districts or as an adjacent district or other district joint	57834
vocational student;	57835

(3) For the full-time equivalent number of the district's	57836
native students reported under division (A)(1)(c) or (2)(b) of	57837
this section as enrolled in vocational education programs or	57838
classes described in section 3317.014 of the Revised Code, an	57839
amount equal to ~~the formula amount~~$5,732 times the applicable	57840
multiple prescribed by that section.	57841

(C) To the payments made to a city, exempted village, or	57842
local school district under Chapter ~~3306.~~3317. of the Revised	57843
Code, the department of education shall annually add all of the	57844
following:	57845

(1) An amount equal to the adjusted formula amount multiplied	57846
by the remainder obtained by subtracting the number of adjacent	57847
district or other district joint vocational students from the	57848
number of adjacent district or other district students enrolled in	57849
the district, as reported under division (A)(1) of this section;	57850

(2) The excess costs computed in accordance with division (E)	57851
of this section for any adjacent district or other district	57852
students, except for any adjacent or other district joint	57853
vocational students, receiving special education and related	57854
services in the district;	57855

(3) For the full-time equivalent number of the adjacent or	57856
other district students who are not adjacent district or other	57857
district joint vocational students and are reported under division	57858
(A)(1)(c) of this section as enrolled in vocational education	57859
programs or classes described in section 3317.014 of the Revised	57860
Code, an amount equal to ~~the formula amount~~$5,732 times the	57861
applicable multiple prescribed by that section;	57862

(4) An amount equal to the number of adjacent district or	57863
other district joint vocational students reported under division	57864
(A)(1) of this section multiplied by an amount equal to twenty per	57865
cent of the adjusted formula amount.	57866

(D) To the payments made to a joint vocational school	57867
district under Chapter 3317. of the Revised Code, the department	57868
of education shall add, for each adjacent district or other	57869
district joint vocational student reported under division (A)(2)	57870
of this section, both of the following:	57871

(1) The adjusted formula amount;

57872

(2) An amount equal to the full-time equivalent number of	57873
students reported pursuant to division (A)(2)(b) of this section	57874
times ~~the formula amount~~$5,732 times the applicable multiple	57875
prescribed by section 3317.014 of the Revised Code.	57876

(E)(1) A city, exempted village, or local school board	57877
providing special education and related services to an adjacent or	57878
other district student in accordance with an IEP shall, pursuant	57879
to rules of the state board, compute the excess costs to educate	57880
such student as follows:	57881

(a) Subtract the adjusted formula amount from the actual	57882
costs to educate the student;	57883

(b) From the amount computed under division (E)(1)(a) of this	57884
section subtract the amount of any funds received by the district	57885
under Chapter ~~3306.~~3317. of the Revised Code to provide special	57886
education and related services to the student.	57887

(2) The board shall report the excess costs computed under	57888
this division to the department of education.	57889

(3) If any student for whom excess costs are computed under	57890
division (E)(1) of this section is an adjacent or other district	57891
joint vocational student, the department of education shall add	57892
the amount of such excess costs to the payments made under Chapter	57893
~~3306.~~3317. of the Revised Code to the joint vocational school	57894
district enrolling the student.	57895

(F) As provided in division (D)(1)(b) of section 3317.03 of	57896
the Revised Code, no joint vocational school district shall count	57897
any adjacent or other district joint vocational student enrolled	57898
in the district in its formula ADM certified under section 3317.03	57899
of the Revised Code.	57900

(G) No city, exempted village, or local school district shall	57901
receive a payment under division (C) of this section for a	57902
student, and no joint vocational school district shall receive a	57903
payment under division (D) of this section for a student, if for	57904
the same school year that student is counted in the district's	57905
formula ADM certified under section 3317.03 of the Revised Code.	57906

(H) Upon request of a parent, and provided the board offers	57907
transportation to native students of the same grade level and	57908
distance from school under section 3327.01 of the Revised Code, a	57909
city, exempted village, or local school board enrolling an	57910
adjacent or other district student shall provide transportation	57911
for the student within the boundaries of the board's district,	57912
except that the board shall be required to pick up and drop off a	57913
nonhandicapped student only at a regular school bus stop	57914
designated in accordance with the board's transportation policy.	57915
Pursuant to rules of the state board of education, such board may	57916
reimburse the parent from funds received for pupil transportation	57917
under section ~~3306.12~~3317.0212 of the Revised Code, or other	57918
provisions of law, for the reasonable cost of transportation from	57919
the student's home to the designated school bus stop if the	57920
student's family has an income below the federal poverty line.	57921

Sec. 3314.012. (A) Within ninety days of September 28, 1999,	57922
the superintendent of public instruction shall appoint	57923
representatives of the department of education, including	57924
employees who work with the education management information	57925
system ~~and employees of the office of community schools~~	57926
~~established by section 3314.11 of the Revised Code~~, to a committee	57927
to develop report card models for community schools. ~~The director~~	57928
~~of the legislative office of education oversight shall also~~	57929
~~appoint representatives to the committee.~~ The committee shall	57930
design model report cards appropriate for the various types of	57931
community schools approved to operate in the state. Sufficient	57932
models shall be developed to reflect the variety of grade levels	57933
served and the missions of the state's community schools. All	57934
models shall include both financial and academic data. The initial	57935
models shall be developed by March 31, 2000.	57936

(B) The department of education shall issue an annual report	57937
card for each community school, regardless of how long the school	57938
has been in operation. The report card shall report the academic	57939
and financial performance of the school utilizing one of the	57940
models developed under division (A) of this section. The report	57941
card shall include all information applicable to school buildings	57942
under division (A) of section 3302.03 of the Revised Code. The	57943
ratings a community school receives under section 3302.03 of the	57944
Revised Code for its first two full school years shall not be	57945
considered toward automatic closure of the school under section	57946
3314.35 of the Revised Code or any other matter that is based on	57947
report card ratings.	57948

(C) Upon receipt of a copy of a contract between a sponsor	57949
and a community school entered into under this chapter, the	57950
department of education shall notify the community school of the	57951
specific model report card that will be used for that school.	57952

(D) Report cards shall be distributed to the parents of all	57953
students in the community school, to the members of the board of	57954
education of the school district in which the community school is	57955
located, and to any person who requests one from the department.	57956

Sec. 3314.015. (A) The department of education shall be	57957
responsible for the oversight of any and all sponsors of the	57958
community schools established under this chapter and shall provide	57959
technical assistance to schools and sponsors in their compliance	57960
with applicable laws and the terms of the contracts entered into	57961
under section 3314.03 of the Revised Code and in the development	57962
and start-up activities of those schools. In carrying out its	57963
duties under this section, the department shall do all of the	57964
following:	57965

(1) In providing technical assistance to proposing parties,	57966
governing authorities, and sponsors, conduct training sessions and	57967
distribute informational materials;	57968

(2) Approve entities to be sponsors of community schools;

57969

(3) Monitor the effectiveness of any and all sponsors in	57970
their oversight of the schools with which they have contracted;	57971

(4) By December thirty-first of each year, issue a report to	57972
the governor, the speaker of the house of representatives, the	57973
president of the senate, and the chairpersons of the house and	57974
senate committees principally responsible for education matters	57975
regarding the effectiveness of academic programs, operations, and	57976
legal compliance and of the financial condition of all community	57977
schools established under this chapter and on the performance of	57978
community school sponsors;	57979

(5) From time to time, make legislative recommendations to	57980
the general assembly designed to enhance the operation and	57981
performance of community schools.	57982

(B)(1) Except as provided in sections 3314.021 and 3314.027	57983
of the Revised Code, no entity listed in division (C)(1) of	57984
section 3314.02 of the Revised Code shall enter into a preliminary	57985
agreement under division (C)(2) of section 3314.02 of the Revised	57986
Code until it has received approval from the department of	57987
education to sponsor community schools under this chapter and has	57988
entered into a written agreement with the department regarding the	57989
manner in which the entity will conduct such sponsorship. The	57990
department shall adopt in accordance with Chapter 119. of the	57991
Revised Code rules containing criteria, procedures, and deadlines	57992
for processing applications for such approval, for oversight of	57993
sponsors, for revocation of the approval of sponsors, and for	57994
entering into written agreements with sponsors. The rules shall	57995
require an entity to submit evidence of the entity's ability and	57996
willingness to comply with the provisions of division (D) of	57997
section 3314.03 of the Revised Code. The rules also shall require	57998
entities approved as sponsors on and after June 30, 2005, to	57999
demonstrate a record of financial responsibility and successful	58000
implementation of educational programs. If an entity seeking	58001
approval on or after June 30, 2005, to sponsor community schools	58002
in this state sponsors or operates schools in another state, at	58003
least one of the schools sponsored or operated by the entity must	58004
be comparable to or better than the performance of Ohio schools in	58005
need of continuous improvement under section 3302.03 of the	58006
Revised Code, as determined by the department.	58007

AnSubject to section 3314.016 of the Revised Code, an entity	58008
that sponsors community schools may enter into preliminary	58009
agreements and sponsor up to one hundred schools ~~as follows~~,	58010
provided each school and the contract for sponsorship meets the	58011
requirements of this chapter:	58012

~~(a) An entity that sponsored fifty or fewer schools that were~~	58013
~~open for operation as of May 1, 2005, may sponsor not more than~~	58014
~~fifty schools.~~	58015

~~(b) An entity that sponsored more than fifty but not more~~	58016
~~than seventy-five schools that were open for operation as of May~~	58017
~~1, 2005, may sponsor not more than the number of schools the~~	58018
~~entity sponsored that were open for operation as of May 1, 2005.~~	58019

~~(c) Until June 30, 2006, an entity that sponsored more than~~	58020
~~seventy-five schools that were open for operation as of May 1,~~	58021
~~2005, may sponsor not more than the number of schools the entity~~	58022
~~sponsored that were open for operation as of May 1, 2005. After~~	58023
~~June 30, 2006, such an entity may sponsor not more than~~	58024
~~seventy-five schools.~~	58025

~~Upon approval of an entity to be a sponsor under this~~	58026
~~division, the department shall notify the entity of the number of~~	58027
~~schools the entity may sponsor.~~	58028

~~The limit imposed on an entity to which division (B)(1) of~~	58029
~~this section applies shall be decreased by one for each school~~	58030
~~sponsored by the entity that permanently closes.~~	58031

~~If at any time an entity exceeds the number of schools it may~~	58032
~~sponsor under this division, the department shall assist the~~	58033
~~schools in excess of the entity's limit in securing new sponsors.~~	58034
~~If a school is unable to secure a new sponsor, the department~~	58035
~~shall assume sponsorship of the school in accordance with division~~	58036
~~(C) of this section. Those schools for which another sponsor or~~	58037
~~the department assumes sponsorship shall be the schools that most~~	58038
~~recently entered into contracts with the entity under section~~	58039
~~3314.03 of the Revised Code~~.	58040

(2) The department of education shall determine, pursuant to	58041
criteria adopted by rule of the department, whether the mission	58042
proposed to be specified in the contract of a community school to	58043
be sponsored by a state university board of trustees or the	58044
board's designee under division (C)(1)(e) of section 3314.02 of	58045
the Revised Code complies with the requirements of that division.	58046
Such determination of the department is final.	58047

(3) The department of education shall determine, pursuant to	58048
criteria adopted by rule of the department, if any tax-exempt	58049
entity under section 501(c)(3) of the Internal Revenue Code that	58050
is proposed to be a sponsor of a community school is an	58051
education-oriented entity for purpose of satisfying the condition	58052
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the	58053
Revised Code. Such determination of the department is final.	58054

(C) If at any time the state board of education finds that a	58055
sponsor is not in compliance or is no longer willing to comply	58056
with its contract with any community school or with the	58057
department's rules for sponsorship, the state board or designee	58058
shall conduct a hearing in accordance with Chapter 119. of the	58059
Revised Code on that matter. If after the hearing, the state board	58060
or designee has confirmed the original finding, the department of	58061
education may revoke the sponsor's approval to sponsor community	58062
schools and may assume the sponsorship of any schools with which	58063
the sponsor has contracted until the earlier of the expiration of	58064
two school years or until a new sponsor as described in division	58065
(C)(1) of section 3314.02 of the Revised Code is secured by the	58066
school's governing authority. The department may extend the term	58067
of the contract in the case of a school for which it has assumed	58068
sponsorship under this division as necessary to accommodate the	58069
term of the department's authorization to sponsor the school	58070
specified in this division.	58071

(D) The decision of the department to disapprove an entity	58072
for sponsorship of a community school or to revoke approval for	58073
such sponsorship under division (C) of this section, may be	58074
appealed by the entity in accordance with section 119.12 of the	58075
Revised Code.	58076

(E) The department shall adopt procedures for use by a	58077
community school governing authority and sponsor when the school	58078
permanently closes and ceases operation, which shall include at	58079
least procedures for data reporting to the department, handling of	58080
student records, distribution of assets in accordance with section	58081
3314.074 of the Revised Code, and other matters related to ceasing	58082
operation of the school.	58083

(F) In carrying out its duties under this chapter, the	58084
department shall not impose requirements on community schools or	58085
their sponsors that are not permitted by law or duly adopted	58086
rules.	58087

Sec. 3314.016. This section applies to any entity that	58088
sponsors a community school, regardless of whether section	58089
3314.021 or 3314.027 of the Revised Code exempts the entity from	58090
the requirement to be approved for sponsorship under divisions	58091
(A)(2) and (B)(1) of section 3314.015 of the Revised Code.	58092

(A) An entity that sponsors a community school shall be	58093
permitted to enter into contracts under section 3314.03 of the	58094
Revised Code to sponsor additional community schools only if the	58095
entity meets both of the following criteria:	58096

(1) The entity is in compliance with all provisions of this	58097
chapter requiring sponsors of community schools to report data or	58098
information to the department of education.	58099

(2) The entity has had at least eighty per cent of the	58100
community schools it sponsors ranked, based on performance index	58101
score as defined in section 3302.01 of the Revised Code, in the	58102
highest ninety-five per cent of all public schools statewide for	58103
three consecutive years, beginning with the ranking based on data	58104
from the 2009-2010 school year.	58105

(B) If the governing authority of a community school enters	58106
into a contract with a sponsor prior to the date on which the	58107
sponsor is prohibited from sponsoring additional schools under	58108
division (A) of this section and the school has not opened for	58109
operation as of that date, that contract shall be void and the	58110
school shall not open until the governing authority secures a new	58111
sponsor by entering into a contract with the new sponsor under	58112
section 3314.03 of the Revised Code.	58113

Sec. 3314.02. (A) As used in this chapter:

58114

(1) "Sponsor" means an entity listed in division (C)(1) of	58115
this section, which has been approved by the department of	58116
education to sponsor community schools and with which the	58117
governing authority of the proposed community school enters into a	58118
contract pursuant to this section.	58119

(2) "Pilot project area" means the school districts included	58120
in the territory of the former community school pilot project	58121
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	58122
the 122nd general assembly.	58123

(3) "Challenged school district" means any of the following:

58124

(a) A school district that is part of the pilot project area;

58125

(b) A school district that is either in a state of academic	58126
emergency or in a state of academic watch under section 3302.03 of	58127
the Revised Code;	58128

58129

(d) A school district ranked in the lowest five per cent	58130
according to performance index score under section 3302.21 of the	58131
Revised Code.	58132

(4) "Big eight school district" means a school district that	58133
for fiscal year 1997 had both of the following:	58134

(a) A percentage of children residing in the district and	58135
participating in the predecessor of Ohio works first greater than	58136
thirty per cent, as reported pursuant to section 3317.10 of the	58137
Revised Code;	58138

(b) An average daily membership greater than twelve thousand,	58139
as reported pursuant to former division (A) of section 3317.03 of	58140
the Revised Code.	58141

(5) "New start-up school" means a community school other than	58142
one created by converting all or part of an existing public school	58143
or educational service center building, as designated in the	58144
school's contract pursuant to division (A)(17) of section 3314.03	58145
of the Revised Code.	58146

(6) "Urban school district" means one of the state's	58147
twenty-one urban school districts as defined in division (O) of	58148
section 3317.02 of the Revised Code as that section existed prior	58149
to July 1, 1998.	58150

(7) "Internet- or computer-based community school" means a	58151
community school established under this chapter in which the	58152
enrolled students work primarily from their residences on	58153
assignments in nonclassroom-based learning opportunities provided	58154
via an internet- or other computer-based instructional method that	58155
does not rely on regular classroom instruction or via	58156
comprehensive instructional methods that include internet-based,	58157
other computer-based, and noncomputer-based learning	58158
opportunities.	58159

(8) "Operator" means either of the following:

58160

(a) An individual or organization that manages the daily	58161
operations of a community school pursuant to a contract between	58162
the operator and the school's governing authority;	58163

(b) A nonprofit organization that provides programmatic	58164
oversight and support to a community school under a contract with	58165
the school's governing authority and that retains the right to	58166
terminate its affiliation with the school if the school fails to	58167
meet the organization's quality standards.	58168

(B) Any person or group of individuals may initially propose	58169
under this division the conversion of all or a portion of a public	58170
school or a building operated by an educational service center to	58171
a community school. The proposal shall be made to the board of	58172
education of the city, local, exempted village, or joint	58173
vocational school district in which the public school is proposed	58174
to be converted or, in the case of the conversion of a building	58175
operated by an educational service center, to the governing board	58176
of the service center. Upon receipt of a proposal, a board may	58177
enter into a preliminary agreement with the person or group	58178
proposing the conversion of the public school or service center	58179
building, indicating the intention of the board to support the	58180
conversion to a community school. A proposing person or group that	58181
has a preliminary agreement under this division may proceed to	58182
finalize plans for the school, establish a governing authority for	58183
the school, and negotiate a contract with the board. Provided the	58184
proposing person or group adheres to the preliminary agreement and	58185
all provisions of this chapter, the board shall negotiate in good	58186
faith to enter into a contract in accordance with section 3314.03	58187
of the Revised Code and division (C) of this section.	58188

(C)(1) Any person or group of individuals may propose under	58189
this division the establishment of a new start-up school to be	58190
located in a challenged school district. The proposal may be made	58191
to any of the following entities:	58192

(a) The board of education of the district in which the	58193
school is proposed to be located;	58194

(b) The board of education of any joint vocational school	58195
district with territory in the county in which is located the	58196
majority of the territory of the district in which the school is	58197
proposed to be located;	58198

(c) The board of education of any other city, local, or	58199
exempted village school district having territory in the same	58200
county where the district in which the school is proposed to be	58201
located has the major portion of its territory;	58202

(d) The governing board of any educational service center~~, as~~	58203
~~long as the proposed school will be located in a county within the~~	58204
~~territory of the service center or in a county contiguous to such~~	58205
~~county~~;	58206

(e) A sponsoring authority designated by the board of	58207
trustees of any of the thirteen state universities listed in	58208
section 3345.011 of the Revised Code or the board of trustees	58209
itself as long as a mission of the proposed school to be specified	58210
in the contract under division (A)(2) of section 3314.03 of the	58211
Revised Code and as approved by the department of education under	58212
division (B)(2) of section 3314.015 of the Revised Code will be	58213
the practical demonstration of teaching methods, educational	58214
technology, or other teaching practices that are included in the	58215
curriculum of the university's teacher preparation program	58216
approved by the state board of education;	58217

(f) Any qualified tax-exempt entity under section 501(c)(3)	58218
of the Internal Revenue Code as long as all of the following	58219
conditions are satisfied:	58220

(i) The entity has been in operation for at least five years	58221
prior to applying to be a community school sponsor.	58222

(ii) The entity has assets of at least five hundred thousand	58223
dollars and a demonstrated record of financial responsibility.	58224

(iii) The department of education has determined that the	58225
entity is an education-oriented entity under division (B)(3) of	58226
section 3314.015 of the Revised Code and the entity has a	58227
demonstrated record of successful implementation of educational	58228
programs.	58229

(iv) The entity is not a community school.

58230

Any entity described in division (C)(1) of this section may	58231
enter into a preliminary agreement pursuant to division (C)(2) of	58232
this section with the proposing person or group.	58233

(2) A preliminary agreement indicates the intention of an	58234
entity described in division (C)(1) of this section to sponsor the	58235
community school. A proposing person or group that has such a	58236
preliminary agreement may proceed to finalize plans for the	58237
school, establish a governing authority as described in division	58238
(E) of this section for the school, and negotiate a contract with	58239
the entity. Provided the proposing person or group adheres to the	58240
preliminary agreement and all provisions of this chapter, the	58241
entity shall negotiate in good faith to enter into a contract in	58242
accordance with section 3314.03 of the Revised Code.	58243

(3) A new start-up school that is established in a school	58244
district while that district is either in a state of academic	58245
emergency or in a state of academic watch under section 3302.03 of	58246
the Revised Code or ranked in the lowest five per cent according	58247
to performance index score under section 3302.21 of the Revised	58248
Code may continue in existence once the school district is no	58249
longer in a state of academic emergency or academic watch or	58250
ranked in the lowest five per cent according to performance index	58251
score, provided there is a valid contract between the school and a	58252
sponsor.	58253

(4) A copy of every preliminary agreement entered into under	58254
this division shall be filed with the superintendent of public	58255
instruction.	58256

(D) A majority vote of the board of a sponsoring entity and a	58257
majority vote of the members of the governing authority of a	58258
community school shall be required to adopt a contract and convert	58259
the public school or educational service center building to a	58260
community school or establish the new start-up school. Beginning	58261
September 29, 2005, adoption of the contract shall occur not later	58262
than the fifteenth day of March, and signing of the contract shall	58263
occur not later than the fifteenth day of May, prior to the school	58264
year in which the school will open. The governing authority shall	58265
notify the department of education when the contract has been	58266
signed. Subject to sections ~~3314.013, 3314.014,~~ 3314.016, and	58267
~~3314.017~~3314.20 of the Revised Code, an unlimited number of	58268
community schools may be established in any school district	58269
provided that a contract is entered into for each community school	58270
pursuant to this chapter.	58271

(E)(1) As used in this division, "immediate relatives" are	58272
limited to spouses, children, parents, grandparents, siblings, and	58273
in-laws.	58274

Each new start-up community school established under this	58275
chapter shall be under the direction of a governing authority	58276
which shall consist of a board of not less than five individuals.	58277

No person shall serve on the governing authority or operate	58278
the community school under contract with the governing authority	58279
so long as the person owes the state any money or is in a dispute	58280
over whether the person owes the state any money concerning the	58281
operation of a community school that has closed.	58282

(2) No person shall serve on the governing authorities of	58283
more than two start-up community schools at the same time.	58284

(3) No present or former member, or immediate relative of a	58285
present or former member, of the governing authority of any	58286
community school established under this chapter shall be an owner,	58287
employee, or consultant of any ~~nonprofit~~sponsor or ~~for-profit~~	58288
operator of a community school, unless at least one year has	58289
elapsed since the conclusion of the person's membership.	58290

(F)(1) A new start-up school that is established prior to	58291
August 15, 2003, in an urban school district that is not also a	58292
big-eight school district may continue to operate after that date	58293
and the contract between the school's governing authority and the	58294
school's sponsor may be renewed, as provided under this chapter,	58295
after that date, but no additional new start-up schools may be	58296
established in such a district unless the district is a challenged	58297
school district as defined in this section as it exists on and	58298
after that date.	58299

(2) A community school that was established prior to June 29,	58300
1999, and is located in a county contiguous to the pilot project	58301
area and in a school district that is not a challenged school	58302
district may continue to operate after that date, provided the	58303
school complies with all provisions of this chapter. The contract	58304
between the school's governing authority and the school's sponsor	58305
may be renewed, but no additional start-up community school may be	58306
established in that district unless the district is a challenged	58307
school district.	58308

~~(3) Any educational service center that, on June 30, 2007,~~	58309
~~sponsors a community school that is not located in a county within~~	58310
~~the territory of the service center or in a county contiguous to~~	58311
~~such county may continue to sponsor that community school on and~~	58312
~~after June 30, 2007, and may renew its contract with the school.~~	58313
~~However, the educational service center shall not enter into a~~	58314
~~contract with any additional community school unless the school is~~	58315
~~located in a county within the territory of the service center or~~	58316
~~in a county contiguous to such county.~~	58317

(G) Notwithstanding anything to the contrary in this section,	58318
a person or group of individuals may propose the establishment of	58319
a new start-up school to be located in a school district that is	58320
not a challenged school district and, upon obtaining a sponsor in	58321
accordance with divisions (C)(1) and (2) of this section, may	58322
proceed to establish the school, if all of the following	58323
conditions are met:	58324

(1) The school will be established as a public benefit	58325
corporation in accordance with division (A)(1)(b) of section	58326
3314.03 of the Revised Code;	58327

(2) At least seventy-five per cent of the school's total	58328
enrollment will be children with disabilities, as defined in	58329
section 3323.01 of the Revised Code, or at least seventy-five per	58330
cent of the school's total enrollment will be children identified	58331
as gifted under Chapter 3324. of the Revised Code;	58332

(3) Either the school district in which the school will be	58333
located or the department of education has certified that there is	58334
a need in that region for a school serving children with	58335
disabilities or a school serving children identified as gifted.	58336

Sec. 3314.021. (A) This section applies to any entity that is	58337
exempt from taxation under section 501(c)(3) of the Internal	58338
Revenue Code and that satisfies the conditions specified in	58339
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the	58340
Revised Code but does not satisfy the condition specified in	58341
division (C)(1)(f)(i) of that section.	58342

(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02	58343
of the Revised Code, an entity described in division (A) of this	58344
section may do both of the following without obtaining the	58345
department of education's initial approval of its sponsorship	58346
under divisions (A)(2) and (B)(1) of section 3314.015 of the	58347
Revised Code:	58348

(1) Succeed the board of trustees of a state university	58349
located in the pilot project area or that board's designee as the	58350
sponsor of a community school established under this chapter;	58351

(2) Continue to sponsor that school in conformance with the	58352
terms of the contract between the board of trustees or its	58353
designee and the governing authority of the community school and	58354
renew that contract as provided in division (E) of section 3314.03	58355
of the Revised Code.	58356

(C) The entity that succeeds the board of trustees or the	58357
board's designee as sponsor of a community school under division	58358
(B) of this section also may enter into contracts to sponsor other	58359
community schools located in any challenged school district,	58360
without obtaining the department's initial approval of its	58361
sponsorship of those schools under divisions (A)(2) and (B)(1) of	58362
section 3314.015 of the Revised Code~~, and not subject to the~~	58363
~~restriction of division (A)(7) of section 3314.013 of the Revised~~	58364
~~Code,~~ as long as the contracts conform with and the entity	58365
complies with all other requirements of this chapter.	58366

(D) Regardless of the entity's authority to sponsor community	58367
schools without the initial approval of the department, the entity	58368
is under the continuing oversight of the department in accordance	58369
with rules adopted under section 3314.015 of the Revised Code.	58370

Sec. 3314.023. In order to provide monitoring and technical	58371
assistance, ~~the sponsor of a community school shall be located or~~	58372
~~have representatives located within fifty miles of the location of~~	58373
~~the community school, or in the case of an internet- or~~	58374
~~computer-based community school, within fifty miles of the~~	58375
~~school's base of operation. A~~a representative of the sponsor of a	58376
community school shall meet with the governing authority or	58377
treasurer of the school and shall review the financial and	58378
enrollment records of the school at least once every ~~two months~~	58379
month.	58380

Not later than one hundred eighty days after the effective	58381
date of this amendment, the state board of education shall adopt	58382
rules under Chapter 119. of the Revised Code that define what	58383
records constitute financial records for purposes of this section.	58384

Sec. 3314.0210. (A) Notwithstanding anything to the contrary	58385
in this chapter, any organization whose membership consists solely	58386
of entities described in divisions (C)(1)(a) to (f) of section	58387
3314.02 of the Revised Code may sponsor community schools,	58388
provided that, in accordance with division (B) of section 3314.015	58389
of the Revised Code, the department of education approves the	58390
organization as a sponsor and the organization enters into a	58391
written agreement with the department regarding the manner in	58392
which the organization will conduct its sponsorship.	58393

(B) An organization approved under division (A) of this	58394
section may do all of the following:	58395

(1) Assume the sponsorship of any community school with which	58396
a member of the organization has entered into a contract under	58397
section 3314.03 of the Revised Code, provided the transfer of the	58398
sponsorship authority takes effect only at the beginning of a	58399
school year and one of the following conditions is met:	58400

(a) If the contract has expired, the governing authority of	58401
the community school enters into a successor contract with the	58402
organization under section 3314.03 of the Revised Code.	58403

(b) If the contract has not expired, both the governing	58404
authority of the community school and the governing body of the	58405
member adopt a resolution consenting to the organization becoming	58406
the school's sponsor prior to the expiration of the contract, and	58407
the governing authority and the organization amend the contract to	58408
reflect the transfer of the school's sponsorship to the	58409
organization.	58410

(2) Enter into a preliminary agreement with a person or group	58411
proposing to convert all or a portion of a building operated by a	58412
school district or educational service center that is a member of	58413
the organization into a community school and, if the district	58414
board of education or service center governing board adopts a	58415
resolution approving the conversion, enter into a contract with	58416
the governing authority of the school under section 3314.03 of the	58417
Revised Code;	58418

(3) Enter into a preliminary agreement with a person or group	58419
proposing the establishment of a new start-up school to be located	58420
in a challenged school district and enter into a contract with the	58421
governing authority of the school under section 3314.03 of the	58422
Revised Code.	58423

(C) An organization approved under division (A) of this	58424
section shall comply with all applicable requirements of this	58425
chapter in the same manner as any other sponsor.	58426

(D) Nothing in this section prohibits a member of an	58427
organization approved under division (A) of this section from	58428
sponsoring a community school on its own in its capacity as an	58429
autonomous entity authorized to sponsor community schools under	58430
section 3314.02 of the Revised Code.	58431

Sec. 3314.03. A copy of every contract entered into under	58432
this section shall be filed with the superintendent of public	58433
instruction.	58434

(A) Each contract entered into between a sponsor and the	58435
governing authority of a community school shall specify the	58436
following:	58437

(1) That the school shall be established as either of the	58438
following:	58439

(a) A nonprofit corporation established under Chapter 1702.	58440
of the Revised Code, if established prior to April 8, 2003;	58441

(b) A public benefit corporation established under Chapter	58442
1702. of the Revised Code, if established after April 8, 2003.	58443

(2) The education program of the school, including the	58444
school's mission, the characteristics of the students the school	58445
is expected to attract, the ages and grades of students, and the	58446
focus of the curriculum;	58447

(3) The academic goals to be achieved and the method of	58448
measurement that will be used to determine progress toward those	58449
goals, which shall include the statewide achievement assessments;	58450

(4) Performance standards by which the success of the school	58451
will be evaluated by the sponsor;	58452

(5) The admission standards of section 3314.06 of the Revised	58453
Code and, if applicable, section 3314.061 of the Revised Code;	58454

(6)(a) Dismissal procedures;

58455

(b) A requirement that the governing authority adopt an	58456
attendance policy that includes a procedure for automatically	58457
withdrawing a student from the school if the student without a	58458
legitimate excuse fails to participate in one hundred five	58459
consecutive hours of the learning opportunities offered to the	58460
student.	58461

(7) The ways by which the school will achieve racial and	58462
ethnic balance reflective of the community it serves;	58463

(8) Requirements for financial audits by the auditor of	58464
state. The contract shall require financial records of the school	58465
to be maintained in the same manner as are financial records of	58466
school districts, pursuant to rules of the auditor of state.	58467
Audits shall be conducted in accordance with section 117.10 of the	58468
Revised Code.	58469

(9) The facilities to be used and their locations;

58470

(10) Qualifications of teachers, including the following:

58471

(a) A requirement that the school's classroom teachers be	58472
licensed in accordance with sections 3319.22 to 3319.31 of the	58473
Revised Code, except that a community school may engage	58474
noncertificated persons to teach up to twelve hours per week	58475
pursuant to section 3319.301 of the Revised Code;	58476

(b) A requirement that each classroom teacher initially hired	58477
by the school on or after July 1, 2013, and employed to provide	58478
instruction in physical education hold a valid license issued	58479
pursuant to section 3319.22 of the Revised Code for teaching	58480
physical education.	58481

(11) That the school will comply with the following	58482
requirements:	58483

(a) The school will provide learning opportunities to a	58484
minimum of twenty-five students for a minimum of nine hundred	58485
twenty hours per school year.	58486

(b) The governing authority will purchase liability	58487
insurance, or otherwise provide for the potential liability of the	58488
school.	58489

(c) The school will be nonsectarian in its programs,	58490
admission policies, employment practices, and all other	58491
operations, and will not be operated by a sectarian school or	58492
religious institution.	58493

(d) The school will comply with sections 9.90, 9.91, 109.65,	58494
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	58495
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	58496
3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 3313.648,	58497
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	58498
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	58499
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, ~~3314.817~~	58500
3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391,	58501
3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18,	58502
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	58503
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	58504
and 4167. of the Revised Code as if it were a school district and	58505
will comply with section 3301.0714 of the Revised Code in the	58506
manner specified in section 3314.17 of the Revised Code.	58507

(e) The school shall comply with Chapter 102. and section	58508
2921.42 of the Revised Code.	58509

(f) The school will comply with sections 3313.61, 3313.611,	58510
and 3313.614 of the Revised Code, except that for students who	58511
enter ninth grade for the first time before July 1, 2010, the	58512
requirement in sections 3313.61 and 3313.611 of the Revised Code	58513
that a person must successfully complete the curriculum in any	58514
high school prior to receiving a high school diploma may be met by	58515
completing the curriculum adopted by the governing authority of	58516
the community school rather than the curriculum specified in Title	58517
XXXIII of the Revised Code or any rules of the state board of	58518
education. Beginning with students who enter ninth grade for the	58519
first time on or after July 1, 2010, the requirement in sections	58520
3313.61 and 3313.611 of the Revised Code that a person must	58521
successfully complete the curriculum of a high school prior to	58522
receiving a high school diploma shall be met by completing the	58523
Ohio core curriculum prescribed in division (C) of section	58524
3313.603 of the Revised Code, unless the person qualifies under	58525
division (D) or (F) of that section. Each school shall comply with	58526
the plan for awarding high school credit based on demonstration of	58527
subject area competency, adopted by the state board of education	58528
under division (J) of section 3313.603 of the Revised Code.	58529

(g) The school governing authority will submit within four	58530
months after the end of each school year a report of its	58531
activities and progress in meeting the goals and standards of	58532
divisions (A)(3) and (4) of this section and its financial status	58533
to the sponsor and the parents of all students enrolled in the	58534
school.	58535

(h) The school, unless it is an internet- or computer-based	58536
community school, will comply with ~~sections 3313.674 and~~section	58537
3313.801 of the Revised Code as if it were a school district.	58538

(12) Arrangements for providing health and other benefits to	58539
employees;	58540

(13) The length of the contract, which shall begin at the	58541
beginning of an academic year. No contract shall exceed five years	58542
unless such contract has been renewed pursuant to division (E) of	58543
this section.	58544

(14) The governing authority of the school, which shall be	58545
responsible for carrying out the provisions of the contract;	58546

(15) A financial plan detailing an estimated school budget	58547
for each year of the period of the contract and specifying the	58548
total estimated per pupil expenditure amount for each such year.	58549
The plan shall specify for each year the base formula amount that	58550
will be used for purposes of funding calculations under section	58551
3314.08 of the Revised Code. This base formula amount for any year	58552
shall not exceed the formula amount defined under section 3317.02	58553
of the Revised Code. The plan may also specify for any year a	58554
percentage figure to be used for reducing the per pupil amount of	58555
the subsidy calculated pursuant to section 3317.029 of the Revised	58556
Code the school is to receive that year under section 3314.08 of	58557
the Revised Code.	58558

(16) Requirements and procedures regarding the disposition of	58559
employees of the school in the event the contract is terminated or	58560
not renewed pursuant to section 3314.07 of the Revised Code;	58561

(17) Whether the school is to be created by converting all or	58562
part of an existing public school or educational service center	58563
building or is to be a new start-up school, and if it is a	58564
converted public school or service center building, specification	58565
of any duties or responsibilities of an employer that the board of	58566
education or service center governing board that operated the	58567
school or building before conversion is delegating to the	58568
governing authority of the community school with respect to all or	58569
any specified group of employees provided the delegation is not	58570
prohibited by a collective bargaining agreement applicable to such	58571
employees;	58572

(18) Provisions establishing procedures for resolving	58573
disputes or differences of opinion between the sponsor and the	58574
governing authority of the community school;	58575

(19) A provision requiring the governing authority to adopt a	58576
policy regarding the admission of students who reside outside the	58577
district in which the school is located. That policy shall comply	58578
with the admissions procedures specified in sections 3314.06 and	58579
3314.061 of the Revised Code and, at the sole discretion of the	58580
authority, shall do one of the following:	58581

(a) Prohibit the enrollment of students who reside outside	58582
the district in which the school is located;	58583

(b) Permit the enrollment of students who reside in districts	58584
adjacent to the district in which the school is located;	58585

(c) Permit the enrollment of students who reside in any other	58586
district in the state.	58587

(20) A provision recognizing the authority of the department	58588
of education to take over the sponsorship of the school in	58589
accordance with the provisions of division (C) of section 3314.015	58590
of the Revised Code;	58591

(21) A provision recognizing the sponsor's authority to	58592
assume the operation of a school under the conditions specified in	58593
division (B) of section 3314.073 of the Revised Code;	58594

(22) A provision recognizing both of the following:

58595

(a) The authority of public health and safety officials to	58596
inspect the facilities of the school and to order the facilities	58597
closed if those officials find that the facilities are not in	58598
compliance with health and safety laws and regulations;	58599

(b) The authority of the department of education as the	58600
community school oversight body to suspend the operation of the	58601
school under section 3314.072 of the Revised Code if the	58602
department has evidence of conditions or violations of law at the	58603
school that pose an imminent danger to the health and safety of	58604
the school's students and employees and the sponsor refuses to	58605
take such action;	58606

(23) A description of the learning opportunities that will be	58607
offered to students including both classroom-based and	58608
non-classroom-based learning opportunities that is in compliance	58609
with criteria for student participation established by the	58610
department under division (L)(2) of section 3314.08 of the Revised	58611
Code;	58612

(24) The school will comply with sections 3302.04 and	58613
3302.041 of the Revised Code, except that any action required to	58614
be taken by a school district pursuant to those sections shall be	58615
taken by the sponsor of the school. However, the sponsor shall not	58616
be required to take any action described in division (F) of	58617
section 3302.04 of the Revised Code.	58618

(25) Beginning in the 2006-2007 school year, the school will	58619
open for operation not later than the thirtieth day of September	58620
each school year, unless the mission of the school as specified	58621
under division (A)(2) of this section is solely to serve dropouts.	58622
In its initial year of operation, if the school fails to open by	58623
the thirtieth day of September, or within one year after the	58624
adoption of the contract pursuant to division (D) of section	58625
3314.02 of the Revised Code if the mission of the school is solely	58626
to serve dropouts, the contract shall be void.	58627

(B) The community school shall also submit to the sponsor a	58628
comprehensive plan for the school. The plan shall specify the	58629
following:	58630

(1) The process by which the governing authority of the	58631
school will be selected in the future;	58632

(2) The management and administration of the school;

58633

(3) If the community school is a currently existing public	58634
school or educational service center building, alternative	58635
arrangements for current public school students who choose not to	58636
attend the converted school and for teachers who choose not to	58637
teach in the school or building after conversion;	58638

(4) The instructional program and educational philosophy of	58639
the school;	58640

(5) Internal financial controls.

58641

(C) A contract entered into under section 3314.02 of the	58642
Revised Code between a sponsor and the governing authority of a	58643
community school may provide for the community school governing	58644
authority to make payments to the sponsor, which is hereby	58645
authorized to receive such payments as set forth in the contract	58646
between the governing authority and the sponsor. The total amount	58647
of such payments for oversight and monitoring of the school shall	58648
not exceed three per cent of the total amount of payments for	58649
operating expenses that the school receives from the state.	58650

(D) The contract shall specify the duties of the sponsor	58651
which shall be in accordance with the written agreement entered	58652
into with the department of education under division (B) of	58653
section 3314.015 of the Revised Code and shall include the	58654
following:	58655

(1) Monitor the community school's compliance with all laws	58656
applicable to the school and with the terms of the contract;	58657

(2) Monitor and evaluate the academic and fiscal performance	58658
and the organization and operation of the community school on at	58659
least an annual basis;	58660

(3) Report on an annual basis the results of the evaluation	58661
conducted under division (D)(2) of this section to the department	58662
of education and to the parents of students enrolled in the	58663
community school;	58664

(4) Provide technical assistance to the community school in	58665
complying with laws applicable to the school and terms of the	58666
contract;	58667

(5) Take steps to intervene in the school's operation to	58668
correct problems in the school's overall performance, declare the	58669
school to be on probationary status pursuant to section 3314.073	58670
of the Revised Code, suspend the operation of the school pursuant	58671
to section 3314.072 of the Revised Code, or terminate the contract	58672
of the school pursuant to section 3314.07 of the Revised Code as	58673
determined necessary by the sponsor;	58674

(6) Have in place a plan of action to be undertaken in the	58675
event the community school experiences financial difficulties or	58676
closes prior to the end of a school year.	58677

(E) Upon the expiration of a contract entered into under this	58678
section, the sponsor of a community school may, with the approval	58679
of the governing authority of the school, renew that contract for	58680
a period of time determined by the sponsor, but not ending earlier	58681
than the end of any school year, if the sponsor finds that the	58682
school's compliance with applicable laws and terms of the contract	58683
and the school's progress in meeting the academic goals prescribed	58684
in the contract have been satisfactory. Any contract that is	58685
renewed under this division remains subject to the provisions of	58686
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	58687

(F) If a community school fails to open for operation within	58688
one year after the contract entered into under this section is	58689
adopted pursuant to division (D) of section 3314.02 of the Revised	58690
Code or permanently closes prior to the expiration of the	58691
contract, the contract shall be void and the school shall not	58692
enter into a contract with any other sponsor. A school shall not	58693
be considered permanently closed because the operations of the	58694
school have been suspended pursuant to section 3314.072 of the	58695
Revised Code. ~~Any contract that becomes void under this division~~	58696
~~shall not count toward any statewide limit on the number of such~~	58697
~~contracts prescribed by section 3314.013 of the Revised Code.~~	58698

Sec. 3314.05. (A) The contract between the community school	58699
and the sponsor shall specify the facilities to be used for the	58700
community school and the method of acquisition. Except as provided	58701
in ~~division~~divisions (B)(3) and (4) of this section, no community	58702
school shall be established in more than one school district under	58703
the same contract.	58704

(B) Division (B) of this section shall not apply to internet-	58705
or computer-based community schools.	58706

(1) A community school may be located in multiple facilities	58707
under the same contract only if the limitations on availability of	58708
space prohibit serving all the grade levels specified in the	58709
contract in a single facility or division (B)(2) or, (3), or (4)	58710
of this section applies to the school. The school shall not offer	58711
the same grade level classrooms in more than one facility.	58712

(2) A community school may be located in multiple facilities	58713
under the same contract and, notwithstanding division (B)(1) of	58714
this section, may assign students in the same grade level to	58715
multiple facilities, as long as all of the following apply:	58716

(a) The governing authority of the community school filed a	58717
copy of its contract with the school's sponsor under section	58718
3314.03 of the Revised Code with the superintendent of public	58719
instruction on or before May 15, 2008.	58720

(b) The school was not open for operation prior to July 1,	58721
2008.	58722

(c) The governing authority has entered into and maintains a	58723
contract with an operator of the type described in division	58724
(A)~~(2)~~(8)(b) of section ~~3314.014~~3314.02 of the Revised Code.	58725

(d) The contract with that operator qualified the school to	58726
be established pursuant to division (A) of former section 3314.016	58727
of the Revised Code.	58728

(e) The school's rating under section 3302.03 of the Revised	58729
Code does not fall below "in need of continuous improvement" for	58730
two or more consecutive years.	58731

(3) A new start-up community school may be established in two	58732
school districts under the same contract if all of the following	58733
apply:	58734

(a) At least one of the school districts in which the school	58735
is established is a challenged school district;	58736

(b) The school operates not more than one facility in each	58737
school district and, in accordance with division (B)(1) of this	58738
section, the school does not offer the same grade level classrooms	58739
in both facilities; and	58740

(c) Transportation between the two facilities does not	58741
require more than thirty minutes of direct travel time as measured	58742
by school bus.	58743

In the case of a community school to which division (B)(3) of	58744
this section applies, if only one of the school districts in which	58745
the school is established is a challenged school district, that	58746
district shall be considered the school's primary location and the	58747
district in which the school is located for the purposes of	58748
division (A)(19) of section 3314.03 and divisions (C) and (H) of	58749
section 3314.06 of the Revised Code and for all other purposes of	58750
this chapter. If both of the school districts in which the school	58751
is established are challenged school districts, the school's	58752
governing authority shall designate one of those districts to be	58753
considered the school's primary location and the district in which	58754
the school is located for the purposes of those divisions and all	58755
other purposes of this chapter and shall notify the department of	58756
education of that designation.	58757

(4) A community school may be located in multiple facilities	58758
under the same contract and, notwithstanding division (B)(1) of	58759
this section, may assign students in the same grade level to	58760
multiple facilities, as long as both of the following apply:	58761

(a) The facilities are all located in the same county.

58762

(b) The governing authority has entered into and maintains a	58763
contract with an operator.	58764

In the case of a community school to which division (B)(4) of	58765
this section applies and that maintains facilities in more than	58766
one school district, the school's governing authority shall	58767
designate one of those districts to be considered the school's	58768
primary location and the district in which the school is located	58769
for the purposes of division (A)(19) of section 3314.03 and	58770
divisions (C) and (H) of section 3314.06 of the Revised Code and	58771
for all other purposes of this chapter and shall notify the	58772
department of that designation.	58773

(5) Any facility used for a community school shall meet all	58774
health and safety standards established by law for school	58775
buildings.	58776

(C) In the case where a community school is proposed to be	58777
located in a facility owned by a school district or educational	58778
service center, the facility may not be used for such community	58779
school unless the district or service center board owning the	58780
facility enters into an agreement for the community school to	58781
utilize the facility. Use of the facility may be under any terms	58782
and conditions agreed to by the district or service center board	58783
and the school.	58784

(D) Two or more separate community schools may be located in	58785
the same facility.	58786

Sec. 3314.051. (A) When the governing authority of a	58787
community school that acquired real property from a school	58788
district pursuant to former division (G)(2) of section 3313.41 of	58789
the Revised Code decides to dispose of that property, it first	58790
shall offer that property for sale to the school district board of	58791
education from which it acquired the property, at a price that is	58792
not higher than the appraised fair market value of that property.	58793
If the district board does not accept the offer within sixty days	58794
after the offer is made, the community school may dispose of the	58795
property in another lawful manner.	58796

(B) When a community school that acquired real property from	58797
a school district pursuant to former division (G)(2) of section	58798
3313.41 of the Revised Code permanently closes, in distributing	58799
the school's assets under section 3314.074 of the Revised Code,	58800
that property first shall be offered for sale to the school	58801
district board of education from which the community school	58802
acquired the property, at a price that is not higher than the	58803
appraised fair market value of that property. If the district	58804
board does not accept the offer within sixty days after the offer	58805
is made, the property may be disposed in another lawful manner.	58806

Sec. 3314.07. (A) The expiration of the contract for a	58807
community school between a sponsor and a school shall be the date	58808
provided in the contract. A successor contract may be entered into	58809
pursuant to division (E) of section 3314.03 of the Revised Code	58810
unless the contract is terminated or not renewed pursuant to this	58811
section.	58812

(B)(1) A sponsor may choose not to renew a contract at its	58813
expiration or may choose to terminate a contract prior to its	58814
expiration for any of the following reasons:	58815

(a) Failure to meet student performance requirements stated	58816
in the contract;	58817

(b) Failure to meet generally accepted standards of fiscal	58818
management;	58819

(c) Violation of any provision of the contract or applicable	58820
state or federal law;	58821

(d) Other good cause.

58822

(2) A sponsor may choose to terminate a contract prior to its	58823
expiration if the sponsor has suspended the operation of the	58824
contract under section 3314.072 of the Revised Code.	58825

(3) ~~At least ninety days prior to the termination or~~	58826
~~nonrenewal of a~~Not later than the first day of March in the year	58827
in which the sponsor intends to terminate or take actions not to	58828
renew the community school's contract, the sponsor shall notify	58829
the school of the proposed action in writing. The notice shall	58830
include the reasons for the proposed action in detail, the	58831
effective date of the termination or nonrenewal, and a statement	58832
that the school may, within fourteen days of receiving the notice,	58833
request an informal hearing before the sponsor. Such request must	58834
be in writing. The informal hearing shall be held within ~~seventy~~	58835
fourteen days of the receipt of a request for the hearing.	58836
~~Promptly following~~Not later than fourteen days after the informal	58837
hearing, the sponsor shall issue a written decision either	58838
affirming or rescinding the decision to terminate or not renew the	58839
contract.	58840

(4) A decision by the sponsor to terminate a contract may be	58841
appealed to the state board of education. The notice of appeal	58842
shall be filed with the state board not later than fourteen days	58843
following receipt of the sponsor's written decision to terminate	58844
the contract. Within sixty days of receipt of the notice of	58845
appeal, the state board shall conduct a hearing and issue a	58846
written decision on the appeal. The written decision of the state	58847
board shall include the reasons for affirming or rescinding the	58848
decision of the sponsor. The decision by the state board	58849
pertaining to an appeal under this division is final. If the	58850
sponsor is the state board, its decision to terminate a contract	58851
under division (B)(3) of this section shall be final.	58852

(5) The termination of a contract under this section shall be	58853
effective upon the occurrence of the later of the following	58854
events:	58855

(a) ~~Ninety days following the~~The date the sponsor notifies	58856
the school of its decision to terminate the contract as prescribed	58857
in division (B)(3) of this section;	58858

(b) If an informal hearing is requested under division (B)(3)	58859
of this section and as a result of that hearing the sponsor	58860
affirms its decision to terminate the contract, the effective date	58861
of the termination specified in the notice issued under division	58862
(B)(3) of this section, or if that decision is appealed to the	58863
state board under division (B)(4) of this section and the state	58864
board affirms that decision, the date established in the	58865
resolution of the state board affirming the sponsor's decision.	58866

(6) Any community school whose contract is terminated under	58867
division (B) of this section shall close permanently at the end of	58868
the current school year or on a date specified in the notification	58869
of termination under (B)(3) of this section. Any community school	58870
whose contract is terminated under this division shall not enter	58871
into a contract with any other sponsor.	58872

(C) A child attending a community school whose contract has	58873
been terminated, nonrenewed, or suspended or that closes for any	58874
reason shall be admitted to the schools of the district in which	58875
the child is entitled to attend under section 3313.64 or 3313.65	58876
of the Revised Code. Any deadlines established for the purpose of	58877
admitting students under section 3313.97 or 3313.98 of the Revised	58878
Code shall be waived for students to whom this division pertains.	58879

(D) If a community school does not intend to renew a contract	58880
with its sponsor, the community school shall notify its sponsor in	58881
writing of that fact at least one hundred eighty days prior to the	58882
expiration of the contract. Such a community school may enter into	58883
a contract with a new sponsor in accordance with section 3314.03	58884
of the Revised Code upon the expiration of the previous contract.	58885

(E) A sponsor of a community school and the officers,	58886
directors, or employees of such a sponsor are immune from civil	58887
liability for any action authorized under this chapter or the	58888
contract entered into with the school under section 3314.03 of the	58889
Revised Code that is taken to fulfill the sponsor's responsibility	58890
to oversee and monitor the school. The sponsor and its officers,	58891
directors, or employees are not liable in damages in a tort or	58892
other civil action for harm allegedly arising from either of the	58893
following:	58894

(1) A failure of the community school or any of its officers,	58895
directors, or employees to perform any statutory or common law	58896
duty or responsibility or any other legal obligation;	58897

(2) An action or omission of the community school or any of	58898
its officers, directors, or employees that results in harm.	58899

(F) As used in this section:

58900

(1) "Harm" means injury, death, or loss to person or	58901
property.	58902

(2) "Tort action" means a civil action for damages for	58903
injury, death, or loss to person or property other than a civil	58904
action for damages for a breach of contract or another agreement	58905
between persons.	58906

Sec. 3314.08. The deductions under division (C) and the	58907
payments under division (D) of this section for fiscal years ~~2010~~	58908
2012 and ~~2011~~2013 shall be made in accordance with section	58909
3314.088 of the Revised Code.	58910

(A) As used in this section:

58911

(1) "Base formula amount" means the amount specified as such	58912
in a community school's financial plan for a school year pursuant	58913
to division (A)(15) of section 3314.03 of the Revised Code.	58914

(2) "IEP" has the same meaning as in section 3323.01 of the	58915
Revised Code.	58916

(3) "Applicable special education weight" means the multiple	58917
specified in section 3317.013 of the Revised Code for a disability	58918
described in that section.	58919

(4) "Applicable vocational education weight" means:

58920

(a) For a student enrolled in vocational education programs	58921
or classes described in division (A) of section 3317.014 of the	58922
Revised Code, the multiple specified in that division;	58923

(b) For a student enrolled in vocational education programs	58924
or classes described in division (B) of section 3317.014 of the	58925
Revised Code, the multiple specified in that division.	58926

(5) "Entitled to attend school" means entitled to attend	58927
school in a district under section 3313.64 or 3313.65 of the	58928
Revised Code.	58929

(6) A community school student is "included in the poverty	58930
student count" of a school district if the student is entitled to	58931
attend school in the district and the student's family receives	58932
assistance under the Ohio works first program.	58933

(7) "Poverty-based assistance reduction factor" means the	58934
percentage figure, if any, for reducing the per pupil amount of	58935
poverty-based assistance a community school is entitled to receive	58936
pursuant to divisions (D)(5) to (9) of this section in any year,	58937
as specified in the school's financial plan for the year pursuant	58938
to division (A)(15) of section 3314.03 of the Revised Code.	58939

(8) "All-day kindergarten" has the same meaning as in section	58940
~~3317.029~~3321.05 of the Revised Code.	58941

(9) "State education aid" has the same meaning as in section	58942
5751.20 of the Revised Code.	58943

(B) The state board of education shall adopt rules requiring	58944
both of the following:	58945

(1) The board of education of each city, exempted village,	58946
and local school district to annually report the number of	58947
students entitled to attend school in the district who are	58948
enrolled in grades one through twelve in a community school	58949
established under this chapter, the number of students entitled to	58950
attend school in the district who are enrolled in kindergarten in	58951
a community school, the number of those kindergartners who are	58952
enrolled in all-day kindergarten in their community school, and	58953
for each child, the community school in which the child is	58954
enrolled.	58955

(2) The governing authority of each community school	58956
established under this chapter to annually report all of the	58957
following:	58958

(a) The number of students enrolled in grades one through	58959
twelve and the number of students enrolled in kindergarten in the	58960
school who are not receiving special education and related	58961
services pursuant to an IEP;	58962

(b) The number of enrolled students in grades one through	58963
twelve and the number of enrolled students in kindergarten, who	58964
are receiving special education and related services pursuant to	58965
an IEP;	58966

(c) The number of students reported under division (B)(2)(b)	58967
of this section receiving special education and related services	58968
pursuant to an IEP for a disability described in each of divisions	58969
(A) to (F) of section 3317.013 of the Revised Code;	58970

(d) The full-time equivalent number of students reported	58971
under divisions (B)(2)(a) and (b) of this section who are enrolled	58972
in vocational education programs or classes described in each of	58973
divisions (A) and (B) of section 3317.014 of the Revised Code that	58974
are provided by the community school;	58975

(e) Twenty per cent of the number of students reported under	58976
divisions (B)(2)(a) and (b) of this section who are not reported	58977
under division (B)(2)(d) of this section but who are enrolled in	58978
vocational education programs or classes described in each of	58979
divisions (A) and (B) of section 3317.014 of the Revised Code at a	58980
joint vocational school district under a contract between the	58981
community school and the joint vocational school district and are	58982
entitled to attend school in a city, local, or exempted village	58983
school district whose territory is part of the territory of the	58984
joint vocational school district;	58985

(f) The number of enrolled preschool children with	58986
disabilities receiving special education services in a	58987
state-funded unit;	58988

(g) The community school's base formula amount;

58989

(h) For each student, the city, exempted village, or local	58990
school district in which the student is entitled to attend school;	58991

(i) Any poverty-based assistance reduction factor that	58992
applies to a school year.	58993

(C) From the state education aid calculated for a city,	58994
exempted village, or local school district and, if necessary, from	58995
the payment made to the district under sections 321.24 and 323.156	58996
of the Revised Code, the department of education shall annually	58997
subtract the sum of the amounts described in divisions (C)(1) to	58998
(9) of this section. However, when deducting payments on behalf of	58999
students enrolled in internet- or computer-based community	59000
schools, the department shall deduct only those amounts described	59001
in divisions (C)(1) and (2) of this section. Furthermore, the	59002
aggregate amount deducted under this division shall not exceed the	59003
sum of the district's state education aid and its payment under	59004
sections 321.24 and 323.156 of the Revised Code.	59005

(1) An amount equal to the sum of the amounts obtained when,	59006
for each community school where the district's students are	59007
enrolled, the number of the district's students reported under	59008
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	59009
in grades one through twelve, and one-half the number of students	59010
reported under those divisions who are enrolled in kindergarten,	59011
in that community school is multiplied by the sum of the base	59012
formula amount of that community school plus the per pupil amount	59013
of the base funding supplements specified in divisions (C)(1) to	59014
(4) of section 3317.012 of the Revised Code.	59015

(2) The sum of the amounts calculated under divisions	59016
(C)(2)(a) and (b) of this section:	59017

(a) For each of the district's students reported under	59018
division (B)(2)(c) of this section as enrolled in a community	59019
school in grades one through twelve and receiving special	59020
education and related services pursuant to an IEP for a disability	59021
described in section 3317.013 of the Revised Code, the product of	59022
the applicable special education weight times the community	59023
school's base formula amount;	59024

(b) For each of the district's students reported under	59025
division (B)(2)(c) of this section as enrolled in kindergarten in	59026
a community school and receiving special education and related	59027
services pursuant to an IEP for a disability described in section	59028
3317.013 of the Revised Code, one-half of the amount calculated as	59029
prescribed in division (C)(2)(a) of this section.	59030

(3) For each of the district's students reported under	59031
division (B)(2)(d) of this section for whom payment is made under	59032
division (D)(4) of this section, the amount of that payment;	59033

(4) An amount equal to the sum of the amounts obtained when,	59034
for each community school where the district's students are	59035
enrolled, the number of the district's students enrolled in that	59036
community school who are included in the district's poverty	59037
student count is multiplied by the per pupil amount of	59038
poverty-based assistance the school district receives that year	59039
pursuant to division (C) of section 3317.029 of the Revised Code,	59040
as adjusted by any poverty-based assistance reduction factor of	59041
that community school. The per pupil amount of that aid for the	59042
district shall be calculated by the department.	59043

(5) An amount equal to the sum of the amounts obtained when,	59044
for each community school where the district's students are	59045
enrolled, the district's per pupil amount of aid received under	59046
division (E) of section 3317.029 of the Revised Code, as adjusted	59047
by any poverty-based assistance reduction factor of the community	59048
school, is multiplied by the sum of the following:	59049

(a) The number of the district's students reported under	59050
division (B)(2)(a) of this section who are enrolled in grades one	59051
to three in that community school and who are not receiving	59052
special education and related services pursuant to an IEP;	59053

(b) One-half of the district's students who are enrolled in	59054
all-day or any other kindergarten class in that community school	59055
and who are not receiving special education and related services	59056
pursuant to an IEP;	59057

(c) One-half of the district's students who are enrolled in	59058
all-day kindergarten in that community school and who are not	59059
receiving special education and related services pursuant to an	59060
IEP.	59061

The district's per pupil amount of aid under division (E) of	59062
section 3317.029 of the Revised Code is the quotient of the amount	59063
the district received under that division divided by the	59064
district's kindergarten through third grade ADM, as defined in	59065
that section.	59066

(6) An amount equal to the sum of the amounts obtained when,	59067
for each community school where the district's students are	59068
enrolled, the district's per pupil amount received under division	59069
(F) of section 3317.029 of the Revised Code, as adjusted by any	59070
poverty-based assistance reduction factor of that community	59071
school, is multiplied by the number of the district's students	59072
enrolled in the community school who are identified as	59073
limited-English proficient.	59074

(7) An amount equal to the sum of the amounts obtained when,	59075
for each community school where the district's students are	59076
enrolled, the district's per pupil amount received under division	59077
(G) of section 3317.029 of the Revised Code, as adjusted by any	59078
poverty-based assistance reduction factor of that community	59079
school, is multiplied by the sum of the following:	59080

(a) The number of the district's students enrolled in grades	59081
one through twelve in that community school;	59082

(b) One-half of the number of the district's students	59083
enrolled in kindergarten in that community school.	59084

The district's per pupil amount under division (G) of section	59085
3317.029 of the Revised Code is the district's amount per teacher	59086
calculated under division (G)(1) or (2) of that section divided by	59087
17.	59088

(8) An amount equal to the sum of the amounts obtained when,	59089
for each community school where the district's students are	59090
enrolled, the district's per pupil amount received under divisions	59091
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	59092
by any poverty-based assistance reduction factor of that community	59093
school, is multiplied by the sum of the following:	59094

(a) The number of the district's students enrolled in grades	59095
one through twelve in that community school;	59096

(b) One-half of the number of the district's students	59097
enrolled in kindergarten in that community school.	59098

The district's per pupil amount under divisions (H) and (I)	59099
of section 3317.029 of the Revised Code is the amount calculated	59100
under each division divided by the district's formula ADM, as	59101
defined in section 3317.02 of the Revised Code.	59102

(9) An amount equal to the per pupil state parity aid funding	59103
calculated for the school district under either division (C) or	59104
(D) of section 3317.0217 of the Revised Code multiplied by the sum	59105
of the number of students in grades one through twelve, and	59106
one-half of the number of students in kindergarten, who are	59107
entitled to attend school in the district and are enrolled in a	59108
community school as reported under division (B)(1) of this	59109
section.	59110

(D) The department shall annually pay to a community school	59111
established under this chapter the sum of the amounts described in	59112
divisions (D)(1) to (10) of this section. However, the department	59113
shall calculate and pay to each internet- or computer-based	59114
community school only the amounts described in divisions (D)(1) to	59115
(3) of this section. Furthermore, the sum of the payments to all	59116
community schools under divisions (D)(1), (2), and (4) to (10) of	59117
this section for the students entitled to attend school in any	59118
particular school district shall not exceed the sum of that	59119
district's state education aid and its payment under sections	59120
321.24 and 323.156 of the Revised Code. If the sum of the payments	59121
calculated under those divisions for the students entitled to	59122
attend school in a particular school district exceeds the sum of	59123
that district's state education aid and its payment under sections	59124
321.24 and 323.156 of the Revised Code, the department shall	59125
calculate and apply a proration factor to the payments to all	59126
community schools under those divisions for the students entitled	59127
to attend school in that district.	59128

(1) ~~Subject to section 3314.085 of the Revised Code, an~~An	59129
amount equal to the sum of the amounts obtained when the number of	59130
students enrolled in grades one through twelve, plus one-half of	59131
the kindergarten students in the school, reported under divisions	59132
(B)(2)(a), (b), and (e) of this section who are not receiving	59133
special education and related services pursuant to an IEP for a	59134
disability described in section 3317.013 of the Revised Code is	59135
multiplied by the sum of the community school's base formula	59136
amount plus the per pupil amount of the base funding supplements	59137
specified in divisions (C)(1) to (4) of section 3317.012 of the	59138
Revised Code.	59139

(2) ~~Prior to fiscal year 2007, the greater of the amount~~	59140
~~calculated under division (D)(2)(a) or (b) of this section, and in~~	59141
~~fiscal year 2007 and thereafter, the amount calculated under~~	59142
~~division (D)(2)(b) of this section:~~	59143

~~(a) The aggregate amount that the department paid to the~~	59144
~~community school in fiscal year 1999 for students receiving~~	59145
~~special education and related services pursuant to IEPs, excluding~~	59146
~~federal funds and state disadvantaged pupil impact aid funds;~~	59147

~~(b)~~ The sum of the following amounts ~~calculated under~~	59148
~~divisions (D)(2)(b)(i) and (ii) of this section~~:	59149

~~(i)~~(a) For each student reported under division (B)(2)(c) of	59150
this section as enrolled in the school in grades one through	59151
twelve and receiving special education and related services	59152
pursuant to an IEP for a disability described in section 3317.013	59153
of the Revised Code, the following amount:	59154

(the school's base formula amount plus	59155

the per pupil amount of the base funding supplements specified in	59156

divisions (C)(1) to (4) of section 3317.012 of the Revised Code)	59157

+ (the applicable special education weight X the	59158

community school's base formula amount);	59159

~~(ii)~~(b) For each student reported under division (B)(2)(c) of	59160
this section as enrolled in kindergarten and receiving special	59161
education and related services pursuant to an IEP for a disability	59162
described in section 3317.013 of the Revised Code, one-half of the	59163
amount calculated under the formula prescribed in division	59164
(D)(2)~~(b)(i)~~(a) of this section.	59165

(3) An amount received from federal funds to provide special	59166
education and related services to students in the community	59167
school, as determined by the superintendent of public instruction.	59168

(4) For each student reported under division (B)(2)(d) of	59169
this section as enrolled in vocational education programs or	59170
classes that are described in section 3317.014 of the Revised	59171
Code, are provided by the community school, and are comparable as	59172
determined by the superintendent of public instruction to school	59173
district vocational education programs and classes eligible for	59174
state weighted funding under section 3317.014 of the Revised Code,	59175
an amount equal to the applicable vocational education weight	59176
times the community school's base formula amount times the	59177
percentage of time the student spends in the vocational education	59178
programs or classes.	59179

(5) An amount equal to the sum of the amounts obtained when,	59180
for each school district where the community school's students are	59181
entitled to attend school, the number of that district's students	59182
enrolled in the community school who are included in the	59183
district's poverty student count is multiplied by the per pupil	59184
amount of poverty-based assistance that school district receives	59185
that year pursuant to division (C) of section 3317.029 of the	59186
Revised Code, as adjusted by any poverty-based assistance	59187
reduction factor of the community school. The per pupil amount of	59188
aid shall be determined as described in division (C)(4) of this	59189
section.	59190

(6) An amount equal to the sum of the amounts obtained when,	59191
for each school district where the community school's students are	59192
entitled to attend school, the district's per pupil amount of aid	59193
received under division (E) of section 3317.029 of the Revised	59194
Code, as adjusted by any poverty-based assistance reduction factor	59195
of the community school, is multiplied by the sum of the	59196
following:	59197

(a) The number of the district's students reported under	59198
division (B)(2)(a) of this section who are enrolled in grades one	59199
to three in that community school and who are not receiving	59200
special education and related services pursuant to an IEP;	59201

(b) One-half of the district's students who are enrolled in	59202
all-day or any other kindergarten class in that community school	59203
and who are not receiving special education and related services	59204
pursuant to an IEP;	59205

(c) One-half of the district's students who are enrolled in	59206
all-day kindergarten in that community school and who are not	59207
receiving special education and related services pursuant to an	59208
IEP.	59209

The district's per pupil amount of aid under division (E) of	59210
section 3317.029 of the Revised Code shall be determined as	59211
described in division (C)(5) of this section.	59212

(7) An amount equal to the sum of the amounts obtained when,	59213
for each school district where the community school's students are	59214
entitled to attend school, the number of that district's students	59215
enrolled in the community school who are identified as	59216
limited-English proficient is multiplied by the district's per	59217
pupil amount received under division (F) of section 3317.029 of	59218
the Revised Code, as adjusted by any poverty-based assistance	59219
reduction factor of the community school.	59220

(8) An amount equal to the sum of the amounts obtained when,	59221
for each school district where the community school's students are	59222
entitled to attend school, the district's per pupil amount	59223
received under division (G) of section 3317.029 of the Revised	59224
Code, as adjusted by any poverty-based assistance reduction factor	59225
of the community school, is multiplied by the sum of the	59226
following:	59227

(a) The number of the district's students enrolled in grades	59228
one through twelve in that community school;	59229

(b) One-half of the number of the district's students	59230
enrolled in kindergarten in that community school.	59231

The district's per pupil amount under division (G) of section	59232
3317.029 of the Revised Code shall be determined as described in	59233
division (C)(7) of this section.	59234

(9) An amount equal to the sum of the amounts obtained when,	59235
for each school district where the community school's students are	59236
entitled to attend school, the district's per pupil amount	59237
received under divisions (H) and (I) of section 3317.029 of the	59238
Revised Code, as adjusted by any poverty-based assistance	59239
reduction factor of the community school, is multiplied by the sum	59240
of the following:	59241

(a) The number of the district's students enrolled in grades	59242
one through twelve in that community school;	59243

(b) One-half of the number of the district's students	59244
enrolled in kindergarten in that community school.	59245

The district's per pupil amount under divisions (H) and (I)	59246
of section 3317.029 of the Revised Code shall be determined as	59247
described in division (C)(8) of this section.	59248

(10) An amount equal to the sum of the amounts obtained when,	59249
for each school district where the community school's students are	59250
entitled to attend school, the district's per pupil amount of	59251
state parity aid funding calculated under either division (C) or	59252
(D) of section 3317.0217 of the Revised Code is multiplied by the	59253
sum of the number of that district's students enrolled in grades	59254
one through twelve, and one-half of the number of that district's	59255
students enrolled in kindergarten, in the community school as	59256
reported under ~~division~~divisions (B)(2)(a) and (b) of this	59257
section.	59258

(E)(1) If a community school's costs for a fiscal year for a	59259
student receiving special education and related services pursuant	59260
to an IEP for a disability described in divisions (B) to (F) of	59261
section 3317.013 of the Revised Code exceed the threshold	59262
catastrophic cost for serving the student as specified in division	59263
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	59264
submit to the superintendent of public instruction documentation,	59265
as prescribed by the superintendent, of all its costs for that	59266
student. Upon submission of documentation for a student of the	59267
type and in the manner prescribed, the department shall pay to the	59268
community school an amount equal to the school's costs for the	59269
student in excess of the threshold catastrophic costs.	59270

(2) The community school shall only report under division	59271
(E)(1) of this section, and the department shall only pay for, the	59272
costs of educational expenses and the related services provided to	59273
the student in accordance with the student's individualized	59274
education program. Any legal fees, court costs, or other costs	59275
associated with any cause of action relating to the student may	59276
not be included in the amount.	59277

(F) A community school may apply to the department of	59278
education for preschool children with disabilities ~~or gifted~~ unit	59279
funding the school would receive if it were a school district.	59280
Upon request of its governing authority, a community school that	59281
received such unit funding as a school district-operated school	59282
before it became a community school shall retain any units awarded	59283
to it as a school district-operated school provided the school	59284
continues to meet eligibility standards for the unit.	59285

A community school shall be considered a school district and	59286
its governing authority shall be considered a board of education	59287
for the purpose of applying to any state or federal agency for	59288
grants that a school district may receive under federal or state	59289
law or any appropriations act of the general assembly. The	59290
governing authority of a community school may apply to any private	59291
entity for additional funds.	59292

(G) A board of education sponsoring a community school may	59293
utilize local funds to make enhancement grants to the school or	59294
may agree, either as part of the contract or separately, to	59295
provide any specific services to the community school at no cost	59296
to the school.	59297

(H) A community school may not levy taxes or issue bonds	59298
secured by tax revenues.	59299

(I) No community school shall charge tuition for the	59300
enrollment of any student.	59301

(J)(1)(a) A community school may borrow money to pay any	59302
necessary and actual expenses of the school in anticipation of the	59303
receipt of any portion of the payments to be received by the	59304
school pursuant to division (D) of this section. The school may	59305
issue notes to evidence such borrowing. The proceeds of the notes	59306
shall be used only for the purposes for which the anticipated	59307
receipts may be lawfully expended by the school.	59308

(b) A school may also borrow money for a term not to exceed	59309
fifteen years for the purpose of acquiring facilities.	59310

(2) Except for any amount guaranteed under section 3318.50 of	59311
the Revised Code, the state is not liable for debt incurred by the	59312
governing authority of a community school.	59313

(K) For purposes of determining the number of students for	59314
which divisions (D)(5) and (6) of this section applies in any	59315
school year, a community school may submit to the department of	59316
job and family services, no later than the first day of March, a	59317
list of the students enrolled in the school. For each student on	59318
the list, the community school shall indicate the student's name,	59319
address, and date of birth and the school district where the	59320
student is entitled to attend school. Upon receipt of a list under	59321
this division, the department of job and family services shall	59322
determine, for each school district where one or more students on	59323
the list is entitled to attend school, the number of students	59324
residing in that school district who were included in the	59325
department's report under section 3317.10 of the Revised Code. The	59326
department shall make this determination on the basis of	59327
information readily available to it. Upon making this	59328
determination and no later than ninety days after submission of	59329
the list by the community school, the department shall report to	59330
the state department of education the number of students on the	59331
list who reside in each school district who were included in the	59332
department's report under section 3317.10 of the Revised Code. In	59333
complying with this division, the department of job and family	59334
services shall not report to the state department of education any	59335
personally identifiable information on any student.	59336

(L) The department of education shall adjust the amounts	59337
subtracted and paid under divisions (C) and (D) of this section to	59338
reflect any enrollment of students in community schools for less	59339
than the equivalent of a full school year. The state board of	59340
education within ninety days after April 8, 2003, shall adopt in	59341
accordance with Chapter 119. of the Revised Code rules governing	59342
the payments to community schools under this section and section	59343
3314.13 of the Revised Code including initial payments in a school	59344
year and adjustments and reductions made in subsequent periodic	59345
payments to community schools and corresponding deductions from	59346
school district accounts as provided under divisions (C) and (D)	59347
of this section and section 3314.13 of the Revised Code. For	59348
purposes of this section and section 3314.13 of the Revised Code:	59349

(1) A student shall be considered enrolled in the community	59350
school for any portion of the school year the student is	59351
participating at a college under Chapter 3365. of the Revised	59352
Code.	59353

(2) A student shall be considered to be enrolled in a	59354
community school ~~during a school year~~ for the period of time	59355
beginning on the later of the date on which the school both has	59356
received documentation of the student's enrollment from a parent	59357
and the student has commenced participation in learning	59358
opportunities as defined in the contract with the sponsor, or	59359
thirty days prior to the date on which the student is entered into	59360
the education management information system established under	59361
section 3301.0714 of the Revised Code. For purposes of applying	59362
this division and divisions (L)(3) and (4) of this section to a	59363
community school student, "learning opportunities" shall be	59364
defined in the contract, which shall describe both classroom-based	59365
and non-classroom-based learning opportunities and shall be in	59366
compliance with criteria and documentation requirements for	59367
student participation which shall be established by the	59368
department. Any student's instruction time in non-classroom-based	59369
learning opportunities shall be certified by an employee of the	59370
community school. A student's enrollment shall be considered to	59371
cease on the date on which any of the following occur:	59372

(a) The community school receives documentation from a parent	59373
terminating enrollment of the student.	59374

(b) The community school is provided documentation of a	59375
student's enrollment in another public or private school.	59376

(c) The community school ceases to offer learning	59377
opportunities to the student pursuant to the terms of the contract	59378
with the sponsor or the operation of any provision of this	59379
chapter.	59380

(3) The department shall determine each community school	59381
student's percentage of full-time equivalency based on the	59382
percentage of learning opportunities offered by the community	59383
school to that student, reported either as number of hours or	59384
number of days, is of the total learning opportunities offered by	59385
the community school to a student who attends for the school's	59386
entire school year. However, no internet- or computer-based	59387
community school shall be credited for any time a student spends	59388
participating in learning opportunities beyond ten hours within	59389
any period of twenty-four consecutive hours. Whether it reports	59390
hours or days of learning opportunities, each community school	59391
shall offer not less than nine hundred twenty hours of learning	59392
opportunities during the school year.	59393

(4) With respect to the calculation of full-time equivalency	59394
under division (L)(3) of this section, the department shall waive	59395
the number of hours or days of learning opportunities not offered	59396
to a student because the community school was closed during the	59397
school year due to disease epidemic, hazardous weather conditions,	59398
inoperability of school buses or other equipment necessary to the	59399
school's operation, damage to a school building, or other	59400
temporary circumstances due to utility failure rendering the	59401
school building unfit for school use, so long as the school was	59402
actually open for instruction with students in attendance during	59403
that school year for not less than the minimum number of hours	59404
required by this chapter. The department shall treat the school as	59405
if it were open for instruction with students in attendance during	59406
the hours or days waived under this division.	59407

(M) The department of education shall reduce the amounts paid	59408
under division (D) of this section to reflect payments made to	59409
colleges under division (B) of section 3365.07 of the Revised Code	59410
or through alternative funding agreements entered into under rules	59411
adopted under section 3365.12 of the Revised Code.	59412

(N)(1) No student shall be considered enrolled in any	59413
internet- or computer-based community school or, if applicable to	59414
the student, in any community school that is required to provide	59415
the student with a computer pursuant to division (C) of section	59416
3314.22 of the Revised Code, unless both of the following	59417
conditions are satisfied:	59418

(a) The student possesses or has been provided with all	59419
required hardware and software materials and all such materials	59420
are operational so that the student is capable of fully	59421
participating in the learning opportunities specified in the	59422
contract between the school and the school's sponsor as required	59423
by division (A)(23) of section 3314.03 of the Revised Code;	59424

(b) The school is in compliance with division (A) of section	59425
3314.22 of the Revised Code, relative to such student.	59426

(2) In accordance with policies adopted jointly by the	59427
superintendent of public instruction and the auditor of state, the	59428
department shall reduce the amounts otherwise payable under	59429
division (D) of this section to any community school that includes	59430
in its program the provision of computer hardware and software	59431
materials to any student, if such hardware and software materials	59432
have not been delivered, installed, and activated for each such	59433
student in a timely manner or other educational materials or	59434
services have not been provided according to the contract between	59435
the individual community school and its sponsor.	59436

The superintendent of public instruction and the auditor of	59437
state shall jointly establish a method for auditing any community	59438
school to which this division pertains to ensure compliance with	59439
this section.	59440

The superintendent, auditor of state, and the governor shall	59441
jointly make recommendations to the general assembly for	59442
legislative changes that may be required to assure fiscal and	59443
academic accountability for such schools.	59444

(O)(1) If the department determines that a review of a	59445
community school's enrollment is necessary, such review shall be	59446
completed and written notice of the findings shall be provided to	59447
the governing authority of the community school and its sponsor	59448
within ninety days of the end of the community school's fiscal	59449
year, unless extended for a period not to exceed thirty additional	59450
days for one of the following reasons:	59451

(a) The department and the community school mutually agree to	59452
the extension.	59453

(b) Delays in data submission caused by either a community	59454
school or its sponsor.	59455

(2) If the review results in a finding that additional	59456
funding is owed to the school, such payment shall be made within	59457
thirty days of the written notice. If the review results in a	59458
finding that the community school owes moneys to the state, the	59459
following procedure shall apply:	59460

(a) Within ten business days of the receipt of the notice of	59461
findings, the community school may appeal the department's	59462
determination to the state board of education or its designee.	59463

(b) The board or its designee shall conduct an informal	59464
hearing on the matter within thirty days of receipt of such an	59465
appeal and shall issue a decision within fifteen days of the	59466
conclusion of the hearing.	59467

(c) If the board has enlisted a designee to conduct the	59468
hearing, the designee shall certify its decision to the board. The	59469
board may accept the decision of the designee or may reject the	59470
decision of the designee and issue its own decision on the matter.	59471

(d) Any decision made by the board under this division is	59472
final.	59473

(3) If it is decided that the community school owes moneys to	59474
the state, the department shall deduct such amount from the	59475
school's future payments in accordance with guidelines issued by	59476
the superintendent of public instruction.	59477

(P) The department shall not subtract from a school	59478
district's state aid account under division (C) of this section	59479
and shall not pay to a community school under division (D) of this	59480
section any amount for any of the following:	59481

(1) Any student who has graduated from the twelfth grade of a	59482
public or nonpublic high school;	59483

(2) Any student who is not a resident of the state;

59484

(3) Any student who was enrolled in the community school	59485
during the previous school year when assessments were administered	59486
under section 3301.0711 of the Revised Code but did not take one	59487
or more of the assessments required by that section and was not	59488
excused pursuant to division (C)(1) or (3) of that section, unless	59489
the superintendent of public instruction grants the student a	59490
waiver from the requirement to take the assessment and a parent is	59491
not paying tuition for the student pursuant to section 3314.26 of	59492
the Revised Code. The superintendent may grant a waiver only for	59493
good cause in accordance with rules adopted by the state board of	59494
education.	59495

(4) Any student who has attained the age of twenty-two years,	59496
except for veterans of the armed services whose attendance was	59497
interrupted before completing the recognized twelve-year course of	59498
the public schools by reason of induction or enlistment in the	59499
armed forces and who apply for enrollment in a community school	59500
not later than four years after termination of war or their	59501
honorable discharge. If, however, any such veteran elects to	59502
enroll in special courses organized for veterans for whom tuition	59503
is paid under federal law, or otherwise, the department shall not	59504
subtract from a school district's state aid account under division	59505
(C) of this section and shall not pay to a community school under	59506
division (D) of this section any amount for that veteran.	59507

Sec. 3314.087. (A) As used in this section:

59508

(1) "Career-technical program" means vocational programs or	59509
classes described in division (A) or (B) of section 3317.014 of	59510
the Revised Code in which a student is enrolled.	59511

(2) "Formula ADM," "category one or two vocational education	59512
ADM," and "FTE basis" have the same meanings as in section 3317.02	59513
of the Revised Code.	59514

(3) "Resident school district" means the city, exempted	59515
village, or local school district in which a student is entitled	59516
to attend school under section 3313.64 or 3313.65 of the Revised	59517
Code.	59518

(B) Notwithstanding anything to the contrary in this chapter	59519
or Chapter ~~3306. or~~ 3317. of the Revised Code, a student enrolled	59520
in a community school may simultaneously enroll in the	59521
career-technical program operated by the student's resident school	59522
district. On an FTE basis, the student's resident school district	59523
shall count the student in the category one or two vocational	59524
education ADM for the proportion of the time the student is	59525
enrolled in the district's career-technical program and,	59526
accordingly, the department of education shall calculate funds	59527
under ~~Chapters 3306. and~~Chapter 3317. for the district	59528
attributable to the student for the proportion of time the student	59529
attends the career-technical program. The community school shall	59530
count the student in its enrollment report under section 3314.08	59531
of the Revised Code and shall report to the department the	59532
proportion of time that the student attends classes at the	59533
community school. The department shall pay the community school	59534
and deduct from the student's resident school district the amount	59535
computed for the student under section 3314.08 of the Revised Code	59536
in proportion to the fraction of the time on an FTE basis that the	59537
student attends classes at the community school. "Full-time	59538
equivalency" for a community school student, as defined in	59539
division (L) of section 3314.08 of the Revised Code, does not	59540
apply to the student.	59541

Sec. 3314.088. ~~(A)~~ For purposes of applying sections 3314.08	59542
and 3314.13 of the Revised Code to fiscal years ~~2010~~2012 and ~~2011~~	59543
2013:	59544

~~(1)~~(A) The base formula amount for community schools for each	59545
of fiscal ~~year 2010 is $5,718 and for fiscal year 2011 is $5,703.~~	59546
~~These respective amounts~~years 2012 and 2013 is $5,653. That	59547
amount shall be applied wherein sections 3314.08 and 3314.13 of	59548
the Revised Code the base formula amount is specified, except for	59549
deducting and paying amounts for special education weighted	59550
funding and vocational education weighted funding.	59551

~~(2)~~(B) The base funding supplements under section 3317.012 of	59552
the Revised Code shall be deemed in each year to be the amounts	59553
specified in that section for fiscal year 2009. Accordingly, when	59554
computing the per-pupil base funding supplements for a community	59555
school under that section for fiscal years 2012 and 2013, the	59556
department of education shall substitute $5,732 for the "formula	59557
amount" as used in divisions (C)(2), (3), and (4) of that section.	59558

~~(3)~~(C) Special education additional weighted funding shall be	59559
calculated by first grouping children with disabilities into the	59560
appropriate disability categories prescribed by section 3317.013	59561
of the Revised Code as amended by H.B. 153 of the 129th general	59562
assembly, and then by multiplying the ~~applicable weight~~respective	59563
multiple specified for fiscal year 2009 in that section ~~3317.013~~	59564
~~of the Revised Code~~, as it existed for that fiscal year ~~2009~~,	59565
times $5,732.	59566

~~(4)~~(D) Vocational education additional weighted funding shall	59567
be calculated by multiplying the applicable weight specified in	59568
section 3317.014 of the Revised Code for fiscal year 2009 times	59569
$5,732.	59570

~~(5)~~(E) The per pupil amounts paid to a school district under	59571
sections 3317.029 and 3317.0217 of the Revised Code shall be	59572
deemed to be the respective per pupil amounts paid under those	59573
sections to that district for fiscal year 2009.	59574

~~(6)~~(F) A community school may receive all-day kindergarten	59575
payments under section 3314.13 of the Revised Code only for	59576
all-day kindergarten students who are entitled to attend school in	59577
school districts that, for fiscal year 2009, met the eligibility	59578
requirements of division (D) of section 3317.029 of the Revised	59579
Code. For students entitled to attend school in such school	59580
districts that actually received payment for all-day kindergarten	59581
for fiscal year 2009, the payments to community schools under	59582
section 3314.13 of the Revised Code shall be deducted from the	59583
school district's state education aid. For students entitled to	59584
attend school in such school districts that did not receive	59585
payment for all-day kindergarten for fiscal year 2009, the	59586
payments to community schools under section 3314.13 of the Revised	59587
Code shall be paid out of the funds appropriated under	59588
appropriation item 200550, foundation funding~~, as appropriated in~~	59589
~~section 265.10 of Am. Sub. H.B. 1 of the 128th General Assembly~~.	59590
As used in this division, "entitled to attend school" has the same	59591
meaning as in section 3314.08 of the Revised Code.	59592

~~(B) For purposes of applying section 3314.085 of the Revised~~	59593
~~Code to fiscal years 2010 and 2011, the minimum per pupil~~	59594
~~expenditure required for pupil instruction under that section is~~	59595
~~$2,931, which equals the minimum amount required by that section~~	59596
~~for fiscal year 2009.~~	59597

Sec. 3314.091. (A) A school district is not required to	59598
provide transportation for any native student enrolled in a	59599
community school if the district board of education has entered	59600
into an agreement with the community school's governing authority	59601
that designates the community school as responsible for providing	59602
or arranging for the transportation of the district's native	59603
students to and from the community school. For any such agreement	59604
to be effective, it must be certified by the superintendent of	59605
public instruction as having met all of the following	59606
requirements:	59607

(1) It is submitted to the department of education by a	59608
deadline which shall be established by the department.	59609

(2) In accordance with divisions (C)(1) and (2) of this	59610
section, it specifies qualifications, such as residing a minimum	59611
distance from the school, for students to have their	59612
transportation provided or arranged.	59613

(3) The transportation provided by the community school is	59614
subject to all provisions of the Revised Code and all rules	59615
adopted under the Revised Code pertaining to pupil transportation.	59616

(4) The sponsor of the community school also has signed the	59617
agreement.	59618

(B)(1) For the school year that begins on July 1, 2007, a	59619
school district is not required to provide transportation for any	59620
native student enrolled in a community school, if the community	59621
school during the previous school year transported the students	59622
enrolled in the school or arranged for the students'	59623
transportation, even if that arrangement consisted of having	59624
parents transport their children to and from the school, but did	59625
not enter into an agreement to transport or arrange for	59626
transportation for those students under division (A) of this	59627
section, and if the governing authority of the community school by	59628
July 15, 2007, submits written notification to the district board	59629
of education stating that the governing authority is accepting	59630
responsibility for providing or arranging for the transportation	59631
of the district's native students to and from the community	59632
school.	59633

(2) For any school year subsequent to the school year that	59634
begins on July 1, 2007, a school district is not required to	59635
provide transportation for any native student enrolled in a	59636
community school if the governing authority of the community	59637
school, by the thirty-first day of January of the previous school	59638
year, submits written notification to the district board of	59639
education stating that the governing authority is accepting	59640
responsibility for providing or arranging for the transportation	59641
of the district's native students to and from the community	59642
school. If the governing authority of the community school has	59643
previously accepted responsibility for providing or arranging for	59644
the transportation of a district's native students to and from the	59645
community school, under division (B)(1) or (2) of this section,	59646
and has since relinquished that responsibility under division	59647
(B)(3) of this section, the governing authority shall not accept	59648
that responsibility again unless the district board consents to	59649
the governing authority's acceptance of that responsibility.	59650

(3) A governing authority's acceptance of responsibility	59651
under division (B)(1) or (2) of this section shall cover an entire	59652
school year, and shall remain in effect for subsequent school	59653
years unless the governing authority submits written notification	59654
to the district board that the governing authority is	59655
relinquishing the responsibility. However, a governing authority	59656
shall not relinquish responsibility for transportation before the	59657
end of a school year, and shall submit the notice relinquishing	59658
responsibility by the thirty-first day of January, in order to	59659
allow the school district reasonable time to prepare	59660
transportation for its native students enrolled in the school.	59661

(C)(1) A community school governing authority that enters	59662
into an agreement under division (A) of this section, or that	59663
accepts responsibility under division (B) of this section, shall	59664
provide or arrange transportation free of any charge for each of	59665
its enrolled students who is required to be transported under	59666
section 3327.01 of the Revised Code or who would otherwise be	59667
transported by the school district under the district's	59668
transportation policy. The governing authority shall report to the	59669
department of education the number of students transported or for	59670
whom transportation is arranged under this section in accordance	59671
with rules adopted by the state board of education.	59672

(2) The governing authority may provide or arrange	59673
transportation for any other enrolled student who is not eligible	59674
for transportation in accordance with division (C)(1) of this	59675
section and may charge a fee for such service up to the actual	59676
cost of the service.	59677

(3) Notwithstanding anything to the contrary in division	59678
(C)(1) or (2) of this section, a community school governing	59679
authority shall provide or arrange transportation free of any	59680
charge for any disabled student enrolled in the school for whom	59681
the student's individualized education program developed under	59682
Chapter 3323. of the Revised Code specifies transportation.	59683

(D)(1) If a school district board and a community school	59684
governing authority elect to enter into an agreement under	59685
division (A) of this section, the department of education shall	59686
make payments to the community school according to the terms of	59687
the agreement for each student actually transported under division	59688
(C)(1) of this section.	59689

If a community school governing authority accepts	59690
transportation responsibility under division (B) of this section,	59691
the department shall make payments to the community school for	59692
each student actually transported or for whom transportation is	59693
arranged by the community school under division (C)(1) of this	59694
section, calculated as follows:	59695

(a) For any fiscal year which the general assembly has	59696
specified that transportation payments to school districts be	59697
based on an across-the-board percentage of the district's payment	59698
for the previous school year, the per pupil payment to the	59699
community school shall be the following quotient:	59700

(i) The total amount calculated for the school district in	59701
which the child is entitled to attend school for student	59702
transportation other than transportation of children with	59703
disabilities; divided by	59704

(ii) The number of students included in the district's	59705
transportation ADM for the current fiscal year, as reported under	59706
division (B)(13) of section 3317.03 of the Revised Code, plus the	59707
number of students enrolled in the community school not counted in	59708
the district's transportation ADM who are transported under	59709
division (B)(1) or (2) of this section.	59710

(b) For any fiscal year which the general assembly has	59711
specified that the transportation payments to school districts be	59712
calculated in accordance with section ~~3306.12~~3317.0212 of the	59713
Revised Code and any rules of the state board of education	59714
implementing that section, the payment to the community school	59715
shall be the amount so calculated that otherwise would be paid to	59716
the school district in which the student is entitled to attend	59717
school by the method of transportation the district would have	59718
used. The community school, however, is not required to use the	59719
same method to transport that student.	59720

(c) Divisions (D)(1)(a) and (b) of this section do not apply	59721
to fiscal years 2012 and 2013. Rather, for each of those fiscal	59722
years, the per pupil payment to a community school for	59723
transporting a student shall be the total amount paid under former	59724
section 3306.12 of the Revised Code for fiscal year 2011 to the	59725
school district in which the child is entitled to attend school	59726
divided by that district's "qualifying ridership," as defined in	59727
that section for fiscal year 2011.	59728

As used in this division "entitled to attend school" means	59729
entitled to attend school under section 3313.64 or 3313.65 of the	59730
Revised Code.	59731

(2) The department shall deduct the payment under division	59732
(D)(1) of this section from the state education aid, as defined in	59733
section 3314.08 of the Revised Code, and, if necessary, the	59734
payment under sections 321.14 and 323.156 of the Revised Code,	59735
that is otherwise paid to the school district in which the student	59736
enrolled in the community school is entitled to attend school. The	59737
department shall include the number of the district's native	59738
students for whom payment is made to a community school under	59739
division (D)(1) of this section in the calculation of the	59740
district's transportation payment under section ~~3306.12~~3317.0212	59741
of the Revised Code and the operating appropriations act.	59742

(3) A community school shall be paid under division (D)(1) of	59743
this section only for students who are eligible as specified in	59744
section 3327.01 of the Revised Code and division (C)(1) of this	59745
section, and whose transportation to and from school is actually	59746
provided, who actually utilized transportation arranged, or for	59747
whom a payment in lieu of transportation is made by the community	59748
school's governing authority. To qualify for the payments, the	59749
community school shall report to the department, in the form and	59750
manner required by the department, data on the number of students	59751
transported or whose transportation is arranged, the number of	59752
miles traveled, cost to transport, and any other information	59753
requested by the department.	59754

(4) A community school shall use payments received under this	59755
section solely to pay the costs of providing or arranging for the	59756
transportation of students who are eligible as specified in	59757
section 3327.01 of the Revised Code and division (C)(1) of this	59758
section, which may include payments to a parent, guardian, or	59759
other person in charge of a child in lieu of transportation.	59760

(E) Except when arranged through payment to a parent,	59761
guardian, or person in charge of a child, transportation provided	59762
or arranged for by a community school pursuant to an agreement	59763
under this section is subject to all provisions of the Revised	59764
Code, and all rules adopted under the Revised Code, pertaining to	59765
the construction, design, equipment, and operation of school buses	59766
and other vehicles transporting students to and from school. The	59767
drivers and mechanics of the vehicles are subject to all	59768
provisions of the Revised Code, and all rules adopted under the	59769
Revised Code, pertaining to drivers and mechanics of such	59770
vehicles. The community school also shall comply with sections	59771
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)	59772
of section 3327.16 of the Revised Code and, subject to division	59773
(C)(1) of this section, sections 3327.01 and 3327.02 of the	59774
Revised Code, as if it were a school district.	59775

Sec. 3314.10. (A)(1) The governing authority of any	59776
community school established under this chapter may employ	59777
teachers and nonteaching employees necessary to carry out its	59778
mission and fulfill its contract.	59779

(2) Except as provided under division (A)(3) of this section,	59780
employees hired under this section may organize and collectively	59781
bargain pursuant to Chapter 4117. of the Revised Code.	59782
Notwithstanding division (D)(1) of section 4117.06 of the Revised	59783
Code, a unit containing teaching and nonteaching employees	59784
employed under this section shall be considered an appropriate	59785
unit. As applicable, employment under this section is subject to	59786
either Chapter 3307. or 3309. of the Revised Code.	59787

(3) If a school is created by converting all or part of an	59788
existing public school rather than by establishment of a new	59789
start-up school, at the time of conversion, the employees of the	59790
governing authority community school shall remain part of any	59791
collective bargaining unit in which they were included immediately	59792
prior to the conversion and shall remain subject to any collective	59793
bargaining agreement for that unit in effect on the first day of	59794
July of the year in which the community school initially begins	59795
operation and shall be subject to any subsequent collective	59796
bargaining agreement for that unit, unless a petition is certified	59797
as sufficient under division (A)(6) of this section with regard to	59798
those employees. Any new employees of the community school	59799
governing authority shall also be included in the unit to which	59800
they would have been assigned had not the conversion taken place	59801
and shall be subject to the collective bargaining agreement for	59802
that unit unless a petition is certified as sufficient under	59803
division (A)(6) of this section with regard to those employees.	59804

Notwithstanding division (B) of section 4117.01 of the	59805
Revised Code, the board of education of a school district and not	59806
the governing authority of a community school shall be regarded,	59807
for purposes of Chapter 4117. of the Revised Code, as the "public	59808
employer" of the employees of a conversion community school	59809
subject to a collective bargaining agreement pursuant to division	59810
(A)(3) of this section unless a petition is certified under	59811
division (A)(6) of this section with regard to those employees.	59812
Only on and after the effective date of a petition certified as	59813
sufficient under division (A)(6) of this section shall division	59814
(A)(2) of this section apply to those employees of that community	59815
school and only on and after the effective date of that petition	59816
shall Chapter 4117. of the Revised Code apply to the governing	59817
authority of that community school with regard to those employees.	59818

(4) Notwithstanding sections 4117.03 to 4117.18 of the	59819
Revised Code and Section 4 of Amended Substitute Senate Bill No.	59820
133 of the 115th general assembly, the employees of a conversion	59821
community school who are subject to a collective bargaining	59822
agreement pursuant to division (A)(3) of this section shall cease	59823
to be subject to that agreement and all subsequent agreements	59824
pursuant to that division and shall cease to be part of the	59825
collective bargaining unit that is subject to that and all	59826
subsequent agreements, if a majority of the employees of that	59827
community school who are subject to that collective bargaining	59828
agreement sign and submit to the state employment relations board	59829
a petition requesting all of the following:	59830

(a) That all the employees of the community school who are	59831
subject to that agreement be removed from the bargaining unit that	59832
is subject to that agreement and be designated by the state	59833
employment relations board as a new and separate bargaining unit	59834
for purposes of Chapter 4117. of the Revised Code;	59835

(b) That the employee organization certified as the exclusive	59836
representative of the employees of the bargaining unit from which	59837
the employees are to be removed be certified as the exclusive	59838
representative of the new and separate bargaining unit for	59839
purposes of Chapter 4117. of the Revised Code;	59840

(c) That the governing authority of the community school be	59841
regarded as the "public employer" of these employees for purposes	59842
of Chapter 4117. of the Revised Code.	59843

(5) Notwithstanding sections 4117.03 to 4117.18 of the	59844
Revised Code and Section 4 of Amended Substitute Senate Bill No.	59845
133 of the 115th general assembly, the employees of a conversion	59846
community school who are subject to a collective bargaining	59847
agreement pursuant to division (A)(3) of this section shall cease	59848
to be subject to that agreement and all subsequent agreements	59849
pursuant to that division, shall cease to be part of the	59850
collective bargaining unit that is subject to that and all	59851
subsequent agreements, and shall cease to be represented by any	59852
exclusive representative of that collective bargaining unit, if a	59853
majority of the employees of the community school who are subject	59854
to that collective bargaining agreement sign and submit to the	59855
state employment relations board a petition requesting all of the	59856
following:	59857

(a) That all the employees of the community school who are	59858
subject to that agreement be removed from the bargaining unit that	59859
is subject to that agreement;	59860

(b) That any employee organization certified as the exclusive	59861
representative of the employees of that bargaining unit be	59862
decertified as the exclusive representative of the employees of	59863
the community school who are subject to that agreement;	59864

(c) That the governing authority of the community school be	59865
regarded as the "public employer" of these employees for purposes	59866
of Chapter 4117. of the Revised Code.	59867

(6) Upon receipt of a petition under division (A)(4) or (5)	59868
of this section, the state employment relations board shall check	59869
the sufficiency of the signatures on the petition. If the	59870
signatures are found sufficient, the board shall certify the	59871
sufficiency of the petition and so notify the parties involved,	59872
including the board of education, the governing authority of the	59873
community school, and any exclusive representative of the	59874
bargaining unit. The changes requested in a certified petition	59875
shall take effect on the first day of the month immediately	59876
following the date on which the sufficiency of the petition is	59877
certified under division (A)(6) of this section.	59878

(B)(1) The board of education of each city, local, and	59879
exempted village school district sponsoring a community school and	59880
the governing board of each educational service center in which a	59881
community school is located shall adopt a policy that provides a	59882
leave of absence of at least three years to each teacher or	59883
nonteaching employee of the district or service center who is	59884
employed by a conversion or new start-up community school	59885
sponsored by the district or located in the district or center for	59886
the period during which the teacher or employee is continuously	59887
employed by the community school. The policy shall also provide	59888
that any teacher or nonteaching employee may return to employment	59889
by the district or service center if the teacher or employee	59890
leaves or is discharged from employment with the community school	59891
for any reason, unless, in the case of a teacher, the board of the	59892
district or service center determines that the teacher was	59893
discharged for a reason for which the board would have sought to	59894
discharge the teacher under section 3319.16 of the Revised Code,	59895
in which case the board may proceed to discharge the teacher	59896
utilizing the procedures of that section. Upon termination of such	59897
a leave of absence, any seniority that is applicable to the person	59898
shall be calculated to include all of the following: all	59899
employment by the district or service center prior to the leave of	59900
absence; all employment by the community school during the leave	59901
of absence; and all employment by the district or service center	59902
after the leave of absence. The policy shall also provide that if	59903
any teacher holding valid certification returns to employment by	59904
the district or service center upon termination of such a leave of	59905
absence, the teacher shall be restored to the previous position	59906
and salary or to a position and salary similar thereto. If, as a	59907
result of teachers returning to employment upon termination of	59908
such leaves of absence, a school district or educational service	59909
center reduces the number of teachers it employs, it shall make	59910
such reductions in accordance with section ~~3319.17 or, if~~	59911
~~applicable,~~ 3319.171 of the Revised Code.	59912

Unless a collective bargaining agreement providing otherwise	59913
is in effect for an employee of a conversion community school	59914
pursuant to division (A)(3) of this section, an employee on a	59915
leave of absence pursuant to this division shall remain eligible	59916
for any benefits that are in addition to benefits under Chapter	59917
3307. or 3309. of the Revised Code provided by the district or	59918
service center to its employees provided the employee pays the	59919
entire cost associated with such benefits, except that personal	59920
leave and vacation leave cannot be accrued for use as an employee	59921
of a school district or service center while in the employ of a	59922
community school unless the district or service center board	59923
adopts a policy expressly permitting this accrual.	59924

(2) While on a leave of absence pursuant to division (B)(1)	59925
of this section, a conversion community school shall permit a	59926
teacher to use sick leave accrued while in the employ of the	59927
school district from which the leave of absence was taken and	59928
prior to commencing such leave. If a teacher who is on such a	59929
leave of absence uses sick leave so accrued, the cost of any	59930
salary paid by the community school to the teacher for that time	59931
shall be reported to the department of education. The cost of	59932
employing a substitute teacher for that time shall be paid by the	59933
community school. The department of education shall add amounts to	59934
the payments made to a community school under this chapter as	59935
necessary to cover the cost of salary reported by a community	59936
school as paid to a teacher using sick leave so accrued pursuant	59937
to this section. The department shall subtract the amounts of any	59938
payments made to community schools under this division from	59939
payments made to such sponsoring school district under ~~Chapters~~	59940
~~3306. and~~Chapter 3317. of the Revised Code.	59941

A school district providing a leave of absence and employee	59942
benefits to a person pursuant to this division is not liable for	59943
any action of that person while the person is on such leave and	59944
employed by a community school.	59945

Sec. 3314.13. Payments and deductions under this section for	59946
fiscal years ~~2010~~2012 and ~~2011~~2013 shall be made in accordance	59947
with section 3314.088 of the Revised Code.	59948

(A) As used in this section:

59949

(1) "All-day kindergarten" has the same meaning as in section	59950
3317.029 of the Revised Code.	59951

(2) "Formula amount" has the same meaning as in section	59952
3317.02 of the Revised Code.	59953

(B) Except as provided in division (C) of this section, the	59954
department of education annually shall pay each community school	59955
established under this chapter one-half of the formula amount for	59956
each student to whom both of the following apply:	59957

(1) The student is entitled to attend school under section	59958
3313.64 or 3313.65 of the Revised Code in a school district that	59959
is eligible to receive a payment under division (D) of section	59960
3317.029 of the Revised Code if it provides all-day kindergarten;	59961

(2) The student is reported by the community school as	59962
enrolled in all-day kindergarten at the community school.	59963

(C) The department shall make no payments under this section	59964
to any internet- or computer-based community school.	59965

(D) If a student for whom payment is made under division (B)	59966
of this section is entitled to attend school in a district that	59967
receives any payment for all-day kindergarten under division (D)	59968
of section 3317.029 of the Revised Code, the department shall	59969
deduct the payment to the community school under this section from	59970
the amount paid that school district under that division. If that	59971
school district does not receive payment for all-day kindergarten	59972
under that division because it does not provide all-day	59973
kindergarten, the department shall pay the community school from	59974
state funds appropriated generally for poverty-based assistance to	59975
school districts.	59976

(E) The department shall adjust the amounts deducted from	59977
school districts and paid to community schools under this section	59978
to reflect any enrollments of students in all-day kindergarten in	59979
community schools for less than the equivalent of a full school	59980
year.	59981

Sec. 3314.19. The sponsor of each community school annually	59982
shall provide the following assurances in writing to the	59983
department of education not later than ten business days prior to	59984
the opening of the school:	59985

(A) That a current copy of the contract between the sponsor	59986
and the governing authority of the school entered into under	59987
section 3314.03 of the Revised Code has been filed with the ~~state~~	59988
~~office of community schools established under section 3314.11 of~~	59989
~~the Revised Code~~department and that any subsequent modifications	59990
to that contract will be filed with the ~~office~~department;	59991

(B) That the school has submitted to the sponsor a plan for	59992
providing special education and related services to students with	59993
disabilities and has demonstrated the capacity to provide those	59994
services in accordance with Chapter 3323. of the Revised Code and	59995
federal law;	59996

(C) That the school has a plan and procedures for	59997
administering the achievement and diagnostic assessments	59998
prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the	59999
Revised Code;	60000

(D) That school personnel have the necessary training,	60001
knowledge, and resources to properly use and submit information to	60002
all databases maintained by the department for the collection of	60003
education data, including the education management information	60004
system established under section 3301.0714 of the Revised Code in	60005
accordance with methods and timelines established under section	60006
3314.17 of the Revised Code;	60007

(E) That all required information about the school has been	60008
submitted to the Ohio education directory system or any successor	60009
system;	60010

(F) That the school will enroll at least the minimum number	60011
of students required by division (A)(11)(a) of section 3314.03 of	60012
the Revised Code in the school year for which the assurances are	60013
provided;	60014

(G) That all classroom teachers are licensed in accordance	60015
with sections 3319.22 to 3319.31 of the Revised Code, except for	60016
noncertificated persons engaged to teach up to twelve hours per	60017
week pursuant to section 3319.301 of the Revised Code;	60018

(H) That the school's fiscal officer is in compliance with	60019
section 3314.011 of the Revised Code;	60020

(I) That the school has complied with sections 3319.39 and	60021
3319.391 of the Revised Code with respect to all employees and	60022
that the school has conducted a criminal records check of each of	60023
its governing authority members;	60024

(J) That the school holds all of the following:

60025

(1) Proof of property ownership or a lease for the facilities	60026
used by the school;	60027

(2) A certificate of occupancy;

60028

(3) Liability insurance for the school, as required by	60029
division (A)(11)(b) of section 3314.03 of the Revised Code, that	60030
the sponsor considers sufficient to indemnify the school's	60031
facilities, staff, and governing authority against risk;	60032

(4) A satisfactory health and safety inspection;

60033

(5) A satisfactory fire inspection;

60034

(6) A valid food permit, if applicable.

60035

(K) That the sponsor has conducted a pre-opening site visit	60036
to the school for the school year for which the assurances are	60037
provided;	60038

(L) That the school has designated a date it will open for	60039
the school year for which the assurances are provided that is in	60040
compliance with division (A)(25) of section 3314.03 of the Revised	60041
Code;	60042

(M) That the school has met all of the sponsor's requirements	60043
for opening and any other requirements of the sponsor.	60044

Sec. 3314.20. On and after the effective date of this	60045
section, no new internet- or computer-based community school shall	60046
open for operation in this state unless the school, for at least	60047
the three years preceding its opening in this state, operated in	60048
another state and performed at a level higher than academic watch,	60049
as determined by the department of education.	60050

Sec. 3314.22. (A)(1) Each child enrolled in an internet- or	60051
computer-based community school is entitled to a computer supplied	60052
by the school; however, the parent of any child enrolled in the	60053
school may waive this entitlement in the manner specified in	60054
division (A)(3) of this section. In no case shall an internet- or	60055
computer-based community school provide a stipend or other	60056
substitute to an enrolled child or the child's parent in lieu of	60057
supplying a computer to the child. The prohibition contained in	60058
the preceding sentence is intended to clarify the meaning of this	60059
division as it existed prior to September 29, 2005, and is not	60060
intended to change that meaning in any way.	60061

(2) Notwithstanding division (A)(1) of this section, if more	60062
than one child living in a single residence is enrolled in an	60063
internet- or computer-based community school, at the option of the	60064
parent of those children, the school may supply less than one	60065
computer per child, as long as at least one computer is supplied	60066
to the residence. An internet- or computer-based community school	60067
may supply no computer at all only if the parent has waived the	60068
entitlement prescribed in division (A)(1) of this section in the	60069
manner specified in division (A)(3) of this section. The parent	60070
may amend the decision to accept less than one computer per child	60071
anytime during the school year, and, in such case, within thirty	60072
days after the parent notifies the school of such amendment, the	60073
school shall provide any additiona1 computers requested by the	60074
parent up to the number necessary to comply with division (A)(1)	60075
of this section.	60076

(3) The parent of any child enrolled in an internet- or	60077
computer-based community school may waive the entitlement to one	60078
computer per child, and have no computer at all supplied by the	60079
school, if the school and parent set forth that waiver in writing	60080
with both parties attesting that there is a computer available to	60081
the child in the child's residence with sufficient hardware,	60082
software, programming, and connectivity so that the child may	60083
fully participate in all of the learning opportunities offered to	60084
the child by the school. The parent may amend the decision to	60085
waive the entitlement at any time during the school year and, in	60086
such case, within thirty days after the parent notifies the school	60087
of that decision, the school shall provide any additional	60088
computers requested by the parent up to the number necessary to	60089
comply with division (A)(1) of this section, regardless of whether	60090
there is any change in the conditions attested to in the waiver.	60091

(4) A copy of a waiver executed under division (A)(3) of this	60092
section shall be retained by the internet- or computer-based	60093
community school and the parent who attested to the conditions	60094
prescribed in that division. The school shall submit a copy of the	60095
waiver to the ~~office of community schools, established under~~	60096
~~section 3314.11 of the Revised Code,~~department of education	60097
immediately upon execution of the waiver.	60098

(5) The school shall notify the ~~office of community schools~~	60099
department of education, in the manner specified by the ~~office~~	60100
department, of any parent's decision under division (A)(2) of this	60101
section to accept less than one computer per child or the parent's	60102
amendment to that decision, and of any parent's decision to amend	60103
the waiver executed under division (A)(3) of this section.	60104

(B) Each internet- or computer-based community school shall	60105
provide to each parent who is considering enrolling the parent's	60106
child in the school and to the parent of each child already	60107
enrolled in the school a written notice of the provisions	60108
prescribed in division (A) of this section.	60109

(C) If a community school that is not an internet- or	60110
computer-based community school provides any of its enrolled	60111
students with nonclassroom-based learning opportunities provided	60112
via an internet- or other computer-based instructional method and	60113
requires such students to participate in any of those learning	60114
opportunities from their residences, the school shall be subject	60115
to this section and division (C)(1) of section 3314.21 of the	60116
Revised Code relative to each such student in the same manner as	60117
an internet- or computer-based community school, unless both of	60118
the following conditions apply to the student:	60119

(1) The nonclassroom-based learning opportunities in which	60120
the student is required to participate from the student's	60121
residence are supplemental in nature or do not constitute a	60122
significant portion of the total classroom-based and	60123
nonclassroom-based learning opportunities provided to the student	60124
by the school;	60125

(2) The student's residence is equipped with a computer	60126
available for the student's use.	60127

Sec. 3314.23. (A) The state board of education shall adopt	60128
rules under Chapter 119. of the Revised Code establishing	60129
operating standards for internet- and computer-based community	60130
schools based on standards developed by the international	60131
association for K-12 online learning. The rules shall include a	60132
method by which the department of education shall monitor schools'	60133
compliance with the standards adopted under this section.	60134

(B) Internet- and computer-based community schools operating	60135
on the effective date of this section shall have three years after	60136
the initial adoption of rules under division (A) of this section	60137
to be in compliance with those rules.	60138

Sec. 3314.35. (A)(1) ~~Except as provided in division (A)(3)~~	60139
~~of this section, this section applies to any community school that~~	60140
~~meets one of the following criteria after July 1, 2008, but before~~	60141
~~July 1, 2009:~~	60142

~~(a) The school does not offer a grade level higher than three~~	60143
~~and has been declared to be in a state of academic emergency under~~	60144
~~section 3302.03 of the Revised Code for four consecutive school~~	60145
~~years.~~	60146

~~(b) The school satisfies all of the following conditions:~~

60147

~~(i) The school offers any of grade levels four to eight but~~	60148
~~does not offer a grade level higher than nine.~~	60149

~~(ii) The school has been declared to be in a state of~~	60150
~~academic emergency under section 3302.03 of the Revised Code for~~	60151
~~three consecutive school years.~~	60152

~~(iii) For two of those school years, the school showed less~~	60153
~~than one standard year of academic growth in either reading or~~	60154
~~mathematics, as determined by the department of education in~~	60155
~~accordance with rules adopted under division (A) of section~~	60156
~~3302.021 of the Revised Code.~~	60157

~~(c) The school satisfies all of the following conditions:~~

60158

~~(i) The school offers any of grade levels ten to twelve.~~

60159

~~(ii) The school has been declared to be in a state of~~	60160
~~academic emergency under section 3302.03 of the Revised Code for~~	60161
~~three consecutive school years.~~	60162

~~(iii) For two of those school years, the school showed less~~	60163
~~than two standard years of academic growth in either reading or~~	60164
~~mathematics, as determined by the department in accordance with~~	60165
~~rules adopted under division (A) of section 3302.021 of the~~	60166
~~Revised Code.~~	60167

~~(2)~~ Except as provided in division (A)(3) of this section,	60168
this section applies to any community school that meets one of the	60169
following criteria after July 1, 2009, but before July 1, 2011:	60170

(a) The school does not offer a grade level higher than three	60171
and has been declared to be in a state of academic emergency under	60172
section 3302.03 of the Revised Code for three of the four most	60173
recent school years.	60174

(b) The school satisfies all of the following conditions:

60175

(i) The school offers any of grade levels four to eight but	60176
does not offer a grade level higher than nine.	60177

(ii) The school has been declared to be in a state of	60178
academic emergency under section 3302.03 of the Revised Code for	60179
two of the three most recent school years.	60180

(iii) In at least two of the three most recent school years,	60181
the school showed less than one standard year of academic growth	60182
in either reading or mathematics, as determined by the department	60183
of education in accordance with rules adopted under division (A)	60184
of section 3302.021 of the Revised Code.	60185

(c) The school offers any of grade levels ten to twelve and	60186
has been declared to be in a state of academic emergency under	60187
section 3302.03 of the Revised Code for three of the four most	60188
recent school years.	60189

(2) Except as provided in division (A)(3) of this section,	60190
this section applies to any community school that meets one of the	60191
following criteria after July 1, 2011:	60192

(a) The school does not offer a grade level higher than three	60193
and has been declared to be in a state of academic emergency under	60194
section 3302.03 of the Revised Code for two of the three most	60195
recent school years.	60196

(b) The school satisfies all of the following conditions:

60197

(i) The school offers any of grade levels four to eight but	60198
does not offer a grade level higher than nine.	60199

(ii) The school has been declared to be in a state of	60200
academic emergency under section 3302.03 of the Revised Code for	60201
two of the three most recent school years.	60202

(iii) In at least two of the three most recent school years,	60203
the school showed less than one standard year of academic growth	60204
in either reading or mathematics, as determined by the department	60205
in accordance with rules adopted under division (A) of section	60206
3302.021 of the Revised Code.	60207

(c) The school offers any of grade levels ten to twelve and	60208
has been declared to be in a state of academic emergency under	60209
section 3302.03 of the Revised Code for two of the three most	60210
recent school years.	60211

(3) This section does not apply to either of the following:

60212

(a) Any community school in which a majority of the students	60213
are enrolled in a dropout prevention and recovery program that is	60214
operated by the school and that has been granted a waiver under	60215
section 3314.36 of the Revised Code;	60216

(b) Any community school in which a majority of the enrolled	60217
students are children with disabilities receiving special	60218
education and related services in accordance with Chapter 3323. of	60219
the Revised Code.	60220

(B) Any community school to which this section applies shall	60221
permanently close at the conclusion of the school year in which	60222
the school first becomes subject to this section. The sponsor and	60223
governing authority of the school shall comply with all procedures	60224
for closing a community school adopted by the department under	60225
division (E) of section 3314.015 of the Revised Code. The	60226
governing authority of the school shall not enter into a contract	60227
with any other sponsor under section 3314.03 of the Revised Code	60228
after the school closes.	60229

(C) ~~Not later than July 1, 2008, the department shall~~	60230
~~determine the feasibility of using the value-added progress~~	60231
~~dimension, as defined in section 3302.01 of the Revised Code, as a~~	60232
~~factor in evaluating the academic performance of community schools~~	60233
~~described in division (A)(1)(c)(i) of this section.~~	60234
~~Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section,~~	60235
~~if the department determines that using the value-added progress~~	60236
~~dimension to evaluate community schools described in division~~	60237
~~(A)(1)(c)(i) of this section is not feasible, a community school~~	60238
~~described in that division shall be required to permanently close~~	60239
~~under this section only if it has been declared to be in a state~~	60240
~~of academic emergency under section 3302.03 of the Revised Code~~	60241
~~for four consecutive school years.~~	60242

~~(D)~~ In accordance with division (B) of section 3314.012 of	60243
the Revised Code, the department shall not consider the	60244
performance ratings assigned to a community school for its first	60245
two years of operation when determining whether the school meets	60246
the criteria prescribed by division (A)(1) or (2) of this section.	60247
~~The department shall reevaluate each community school that the~~	60248
~~department directed to close at the conclusion of the 2009-2010~~	60249
~~school year to determine if the school still meets the criteria~~	60250
~~prescribed by division (A)(2) of this section when the school's~~	60251
~~performance ratings for its first two years of operation are not~~	60252
~~considered and, if the school no longer meets those criteria, the~~	60253
~~department shall not require the school to close at the conclusion~~	60254
~~of that school year.~~	60255

Sec. 3314.36. (A) Section 3314.35 of the Revised Code does	60256
not apply to any community school in which a majority of the	60257
students are enrolled in a dropout prevention and recovery program	60258
that is operated by the school and that has been granted a waiver	60259
by the department of education. The department shall grant a	60260
waiver to a dropout prevention and recovery program, within sixty	60261
days after the program applies for the waiver, if the program	60262
meets all of the following conditions:	60263

(1) The program serves only students not younger than sixteen	60264
years of age and not older than twenty-one years of age.	60265

(2) The program enrolls students who, at the time of their	60266
initial enrollment, either, or both, are at least one grade level	60267
behind their cohort age groups or experience crises that	60268
significantly interfere with their academic progress such that	60269
they are prevented from continuing their traditional programs.	60270

(3) The program requires students to attain at least the	60271
applicable score designated for each of the assessments prescribed	60272
under division (B)(1) of section 3301.0710 of the Revised Code or,	60273
to the extent prescribed by rule of the state board of education	60274
under division ~~(E)~~(D)(6) of section 3301.0712 of the Revised	60275
Code, division (B)(2) of that section.	60276

(4) The program develops an individual career plan for the	60277
student that specifies the student's matriculating to a two-year	60278
degree program, acquiring a business and industry credential, or	60279
entering an apprenticeship.	60280

(5) The program provides counseling and support for the	60281
student related to the plan developed under division (A)(4) of	60282
this section during the remainder of the student's high school	60283
experience.	60284

(6) Prior to receiving the waiver, the program has submitted	60285
to the department an instructional plan that demonstrates how the	60286
academic content standards adopted by the state board of education	60287
under section 3301.079 of the Revised Code will be taught and	60288
assessed.	60289

If the department does not act either to grant the waiver or	60290
to reject the program application for the waiver within sixty days	60291
as required under this section, the waiver shall be considered to	60292
be granted.	60293

(B) Notwithstanding division (A) of this section, the	60294
department shall not grant a waiver to any community school that	60295
did not qualify for a waiver under this section when it initially	60296
began operations, unless the state board of education approves the	60297
waiver.	60298

Sec. 3314.46. As used in this section, "sponsor" includes any	60299
officer, director, employee, agent, representative, subsidiary, or	60300
independent contractor of the sponsor of a community school.	60301

(A) Except as provided in division (B) of this section, no	60302
sponsor of a community school shall sell any goods or services to	60303
any community school it sponsors.	60304

(B) If the sponsor of a community school entered into a	60305
contract prior to the effective date of this section that involves	60306
the sale of goods or services to a community school it sponsors,	60307
the sponsor shall not be required to comply with division (A) of	60308
this section with respect to that school until the expiration of	60309
the contract.	60310

Sec. 3315.01. (A) Except as provided in division (B) of this	60311
section and notwithstanding sections 3315.12 and 3315.14 of the	60312
Revised Code, the board of education of any school district may	60313
adopt a resolution requiring the treasurer of the district to	60314
credit the earnings made on the investment of the principal of the	60315
moneys specified in the resolution to the fund from which the	60316
earnings arose or any other fund of the district as the board	60317
specifies in its resolution.	60318

(B) This section does not apply to the earnings made on the	60319
investment of the bond retirement fund, the sinking fund, a	60320
project construction fund established pursuant to sections 3318.01	60321
to 3318.20 of the Revised Code, or the payments received by school	60322
districts pursuant to division ~~(I)~~(E) of section 3317.024 of the	60323
Revised Code.	60324

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	60325
133. or sections 3313.483 to 3313.4811 of the Revised Code, and	60326
subject to the approval of the superintendent of public	60327
instruction, a school district that is in a state of fiscal watch	60328
declared under section 3316.03 of the Revised Code may restructure	60329
or refinance loans obtained or in the process of being obtained	60330
under section 3313.483 of the Revised Code if all of the following	60331
requirements are met:	60332

(1) The operating deficit certified for the school district	60333
for the current or preceding fiscal year under section 3313.483 of	60334
the Revised Code exceeds fifteen per cent of the district's	60335
general revenue fund for the fiscal year preceding the year for	60336
which the certification of the operating deficit is made.	60337

(2) The school district voters have, during the period of the	60338
fiscal watch, approved the levy of a tax under section 718.09,	60339
718.10, 5705.194, 5705.21, or 5748.02, or 5748.09 of the Revised	60340
Code that is not a renewal or replacement levy, or a levy under	60341
section 5705.199 of the Revised Code, and that will provide new	60342
operating revenue.	60343

(3) The board of education of the school district has adopted	60344
or amended the financial plan required by section 3316.04 of the	60345
Revised Code to reflect the restructured or refinanced loans, and	60346
sets forth the means by which the district will bring projected	60347
operating revenues and expenditures, and projected debt service	60348
obligations, into balance for the life of any such loan.	60349

(B) Subject to the approval of the superintendent of public	60350
instruction, the school district may issue securities to evidence	60351
the restructuring or refinancing authorized by this section. Such	60352
securities may extend the original period for repayment not to	60353
exceed ten years, and may alter the frequency and amount of	60354
repayments, interest or other financing charges, and other terms	60355
or agreements under which the loans were originally contracted,	60356
provided the loans received under sections 3313.483 of the Revised	60357
Code are repaid from funds the district would otherwise receive	60358
under Chapter ~~3306.~~3317. of the Revised Code, as required under	60359
division (E)(3) of section 3313.483 of the Revised Code.	60360
Securities issued for the purpose of restructuring or refinancing	60361
under this section shall be repaid in equal payments and at equal	60362
intervals over the term of the debt and are not eligible to be	60363
included in any subsequent proposal to restructure or refinance.	60364

(C) Unless the district is declared to be in a state of	60365
fiscal emergency under division (D) of section 3316.04 of the	60366
Revised Code, a school district shall remain in a state of fiscal	60367
watch for the duration of the repayment period of any loan	60368
restructured or refinanced under this section.	60369

Sec. 3316.06. (A) Within one hundred twenty days after the	60370
first meeting of a school district financial planning and	60371
supervision commission, the commission shall adopt a financial	60372
recovery plan regarding the school district for which the	60373
commission was created. During the formulation of the plan, the	60374
commission shall seek appropriate input from the school district	60375
board and from the community. This plan shall contain the	60376
following:	60377

(1) Actions to be taken to:

60378

(a) Eliminate all fiscal emergency conditions declared to	60379
exist pursuant to division (B) of section 3316.03 of the Revised	60380
Code;	60381

(b) Satisfy any judgments, past-due accounts payable, and all	60382
past-due and payable payroll and fringe benefits;	60383

(c) Eliminate the deficits in all deficit funds, except that	60384
any prior year deficits in the capital and maintenance fund	60385
established pursuant to section 3315.18 of the Revised Code shall	60386
be forgiven;	60387

(d) Restore to special funds any moneys from such funds that	60388
were used for purposes not within the purposes of such funds, or	60389
borrowed from such funds by the purchase of debt obligations of	60390
the school district with the moneys of such funds, or missing from	60391
the special funds and not accounted for, if any;	60392

(e) Balance the budget, avoid future deficits in any funds,	60393
and maintain on a current basis payments of payroll, fringe	60394
benefits, and all accounts;	60395

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

60396

(g) Restore the ability of the school district to market	60397
long-term general obligation bonds under provisions of law	60398
applicable to school districts generally.	60399

(2) The management structure that will enable the school	60400
district to take the actions enumerated in division (A)(1) of this	60401
section. The plan shall specify the level of fiscal and management	60402
control that the commission will exercise within the school	60403
district during the period of fiscal emergency, and shall	60404
enumerate respectively, the powers and duties of the commission	60405
and the powers and duties of the school board during that period.	60406
The commission may elect to assume any of the powers and duties of	60407
the school board it considers necessary, including all powers	60408
related to personnel, curriculum, and legal issues in order to	60409
successfully implement the actions described in division (A)(1) of	60410
this section.	60411

(3) The target dates for the commencement, progress upon, and	60412
completion of the actions enumerated in division (A)(1) of this	60413
section and a reasonable period of time expected to be required to	60414
implement the plan. The commission shall prepare a reasonable time	60415
schedule for progress toward and achievement of the requirements	60416
for the plan, and the plan shall be consistent with that time	60417
schedule.	60418

(4) The amount and purpose of any issue of debt obligations	60419
that will be issued, together with assurances that any such debt	60420
obligations that will be issued will not exceed debt limits	60421
supported by appropriate certifications by the fiscal officer of	60422
the school district and the county auditor. Debt obligations	60423
issued pursuant to section 133.301 of the Revised Code shall	60424
include assurances that such debt shall be in an amount not to	60425
exceed the amount certified under division (B) of such section. If	60426
the commission considers it necessary in order to maintain or	60427
improve educational opportunities of pupils in the school	60428
district, the plan may include a proposal to restructure or	60429
refinance outstanding debt obligations incurred by the board under	60430
section 3313.483 of the Revised Code contingent upon the approval,	60431
during the period of the fiscal emergency, by district voters of a	60432
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	60433
5748.02, or 5748.08, or 5748.09 of the Revised Code that is not a	60434
renewal or replacement levy, or a levy under section 5705.199 of	60435
the Revised Code, and that will provide new operating revenue.	60436
Notwithstanding any provision of Chapter 133. or sections 3313.483	60437
to 3313.4811 of the Revised Code, following the required approval	60438
of the district voters and with the approval of the commission,	60439
the school district may issue securities to evidence the	60440
restructuring or refinancing. Those securities may extend the	60441
original period for repayment, not to exceed ten years, and may	60442
alter the frequency and amount of repayments, interest or other	60443
financing charges, and other terms of agreements under which the	60444
debt originally was contracted, at the discretion of the	60445
commission, provided that any loans received pursuant to section	60446
3313.483 of the Revised Code shall be paid from funds the district	60447
would otherwise receive under Chapter ~~3306.~~3317. of the Revised	60448
Code, as required under division (E)(3) of section 3313.483 of the	60449
Revised Code. The securities issued for the purpose of	60450
restructuring or refinancing the debt shall be repaid in equal	60451
payments and at equal intervals over the term of the debt and are	60452
not eligible to be included in any subsequent proposal for the	60453
purpose of restructuring or refinancing debt under this section.	60454

(B) Any financial recovery plan may be amended subsequent to	60455
its adoption. Each financial recovery plan shall be updated	60456
annually.	60457

(C) Each school district financial planning and supervision	60458
commission shall submit the financial recovery plan it adopts or	60459
updates under this section to the state superintendent of public	60460
instruction for approval immediately following its adoption or	60461
updating. The state superintendent shall evaluate the plan and	60462
either approve or disapprove it within thirty calendar days from	60463
the date of its submission. If the plan is disapproved, the state	60464
superintendent shall recommend modifications that will render it	60465
acceptable. No financial planning and supervision commission shall	60466
implement a financial recovery plan that is adopted or updated on	60467
or after April 10, 2001, unless the state superintendent has	60468
approved it.	60469

Sec. 3316.08. During a school district's fiscal emergency	60470
period, the auditor of state shall determine annually, or at any	60471
other time upon request of the financial planning and supervision	60472
commission, whether the school district will incur an operating	60473
deficit. If the auditor of state determines that a school district	60474
will incur an operating deficit, the auditor of state shall	60475
certify that determination to the superintendent of public	60476
instruction, the financial planning and supervision commission,	60477
and the board of education of the school district. Upon receiving	60478
the auditor of state's certification, the commission shall adopt a	60479
resolution requesting that the board of education work with the	60480
county auditor or tax commissioner to estimate the amount and rate	60481
of a tax levy that is needed under section 5705.194, 5709.199, or	60482
5705.21 or Chapter 5748. of the Revised Code to produce a positive	60483
fund balance not later than the fifth year of the five-year	60484
forecast submitted under section 5705.391 of the Revised Code.	60485

The board of education shall recommend to the commission	60486
whether the board supports or opposes a tax levy under section	60487
5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised	60488
Code and shall provide supporting documentation to the commission	60489
of its recommendation.	60490

After considering the board of education's recommendation and	60491
supporting documentation, the commission shall adopt a resolution	60492
to either submit a ballot question proposing a tax levy or not to	60493
submit such a question.	60494

Except as otherwise provided in this division, the tax shall	60495
be levied in the manner prescribed for a tax levied under section	60496
5705.194, 5709.199, or 5705.21 or under Chapter 5748. of the	60497
Revised Code. If the commission decides that a tax should be	60498
levied, the tax shall be levied for the purpose of paying current	60499
operating expenses of the school district. The rate of a property	60500
tax levied under section 5705.194, 5709.199, or 5705.21, or	60501
5748.09 of the Revised Code shall be determined by the county	60502
auditor, and the rate of aan income tax levied under section	60503
5748.02 or, 5748.08, or 5748.09 of the Revised Code shall be	60504
determined by the tax commissioner, upon the request of the	60505
commission. The commission, in consultation with the board of	60506
education, shall determine the election at which the question of	60507
the tax shall appear on the ballot, and the commission shall	60508
submit a copy of its resolution to the board of elections not	60509
later than ninety days prior to the day of that election. The	60510
board of elections conducting the election shall certify the	60511
results of the election to the board of education and to the	60512
financial planning and supervision commission.	60513

Sec. 3316.20. (A)(1) The school district solvency assistance	60514
fund is hereby created in the state treasury, to consist of such	60515
amounts designated for the purposes of the fund by the general	60516
assembly. The fund shall be used to provide assistance and grants	60517
to school districts to enable them to remain solvent and to pay	60518
unforeseeable expenses of a temporary or emergency nature that	60519
they are unable to pay from existing resources.	60520

(2) There is hereby created within the fund an account known	60521
as the school district shared resource account, which shall	60522
consist of money appropriated to it by the general assembly. The	60523
money in the account shall be used solely for solvency assistance	60524
to school districts that have been declared under division (B) of	60525
section 3316.03 of the Revised Code to be in a state of fiscal	60526
emergency.	60527

(3) There is hereby created within the fund an account known	60528
as the catastrophic expenditures account, which shall consist of	60529
money appropriated to the account by the general assembly plus all	60530
investment earnings of the fund. Money in the account shall be	60531
used solely for the following:	60532

(a) Solvency assistance to school districts that have been	60533
declared under division (B) of section 3316.03 of the Revised Code	60534
to be in a state of fiscal emergency, in the event that all money	60535
in the shared resource account is utilized for solvency	60536
assistance;	60537

(b) Grants to school districts under division (C) of this	60538
section.	60539

(B) Solvency assistance payments under division (A)(2) or	60540
(3)(a) of this section shall be made from the fund by the	60541
superintendent of public instruction in accordance with rules	60542
adopted by the director of budget and management, after consulting	60543
with the superintendent, specifying approval criteria and	60544
procedures necessary for administering the fund.	60545

The fund shall be reimbursed for any solvency assistance	60546
amounts paid under division (A)(2) or (3)(a) of this section not	60547
later than the end of the ~~second~~fourth fiscal year following the	60548
fiscal year in which the solvency assistance payment was made,	60549
except that the fund may be reimbursed not later than the end of	60550
the tenth fiscal year following the fiscal year in which the	60551
solvency assistance payment was made upon the approval of the	60552
director of budget and management and the superintendent of public	60553
instruction. If not made directly by the school district, such	60554
reimbursement shall be made by the director of budget and	60555
management from the amounts the school district would otherwise	60556
receive pursuant to Chapter ~~3306.~~3317. of the Revised Code, or	60557
from any other funds appropriated for the district by the general	60558
assembly. Reimbursements shall be credited to the respective	60559
account from which the solvency assistance paid to the district	60560
was deducted.	60561

(C) The superintendent of public instruction may make	60562
recommendations, and the controlling board may grant money from	60563
the catastrophic expenditures account to any school district that	60564
suffers an unforeseen catastrophic event that severely depletes	60565
the district's financial resources. The superintendent shall make	60566
recommendations for the grants in accordance with rules adopted by	60567
the director of budget and management, after consulting with the	60568
superintendent. A school district shall not be required to repay	60569
any grant awarded to the district under this division, unless the	60570
district receives money from this state or a third party,	60571
including an agency of the government of the United States,	60572
specifically for the purpose of compensating the district for	60573
revenue lost or expenses incurred as a result of the unforeseen	60574
catastrophic event. If a school district receives a grant from the	60575
catastrophic expenditures account on the basis of the same	60576
circumstances for which an adjustment or recomputation is	60577
authorized under section 3317.025, 3317.026, 3317.027, 3317.028,	60578
3317.0210, or 3317.0211 of the Revised Code, the department of	60579
education shall reduce the adjustment or recomputation by an	60580
amount not to exceed the total amount of the grant, and an amount	60581
equal to the reduction shall be transferred, from the funding	60582
source from which the adjustment or recomputation would be paid,	60583
to the catastrophic expenditures account. Any adjustment or	60584
recomputation under such sections that is in excess of the total	60585
amount of the grant shall be paid to the school district.	60586

Sec. 3316.21. (A) If a school district has been declared to	60587
be in a state of fiscal emergency by the auditor of state under	60588
section 3316.03 of the Revised Code, and if the auditor of state	60589
has further determined upon examination of the district's	60590
financial recovery plan that implementing that plan cannot	60591
reasonably be expected to correct and eliminate all of the	60592
district's fiscal emergency conditions within five fiscal years,	60593
the auditor of state shall notify the superintendent of public	60594
instruction of that determination.	60595

(B) Not later than ninety days after the state superintendent	60596
receives the auditor of state's notification under division (A) of	60597
this section, the state superintendent shall develop an operations	60598
plan for the district and submit that plan to the state board of	60599
education for approval. Upon approval of the plan, the state board	60600
shall suspend the charter of the district and shall take over the	60601
operation of the district. The state board shall continue to	60602
operate the school district until such time as the district's	60603
board and its financial planning and supervision commission submit	60604
an acceptable financial recovery plan to the state superintendent	60605
and the auditor of state has determined that the district does	60606
have a plan that can reasonably be expected to correct and	60607
eliminate the district's fiscal emergency conditions within five	60608
fiscal years.	60609

(C) While the state board is operating the district, all of	60610
the following apply:	60611

(1) The state board shall exercise all powers granted to the	60612
school district board under the Revised Code for management and	60613
control of the schools of the district, except for the power to	60614
propose property tax or school district income tax levies under	60615
Title LVII of the Revised Code, and shall carry out such powers in	60616
the place of the district board.	60617

(2) Subject to approval of the state board, the district	60618
board shall continue to propose tax levies necessary to operate	60619
the district and to resolve the district's fiscal emergency	60620
conditions.	60621

(3) Employees and officers of the district shall be deemed	60622
employees of the state board.	60623

(4) The state board may delegate any management and control	60624
functions of the district to the district's financial planning and	60625
supervision commission.	60626

(5) The state board shall not revoke the charter of the	60627
district or transfer its territory to other districts.	60628

Sec. 3317.01. As used in this section ~~and section 3317.011~~	60629
~~of the Revised Code~~, "school district," unless otherwise	60630
specified, means any city, local, exempted village, joint	60631
vocational, or cooperative education school district and any	60632
educational service center.	60633

This chapter shall be administered by the state board of	60634
education. The superintendent of public instruction shall	60635
calculate the amounts payable to each school district and shall	60636
certify the amounts payable to each eligible district to the	60637
treasurer of the district as provided by this chapter. As soon as	60638
possible after such amounts are calculated, the superintendent	60639
shall certify to the treasurer of each school district the	60640
district's adjusted charge-off increase, as defined in section	60641
5705.211 of the Revised Code. No moneys shall be distributed	60642
pursuant to this chapter without the approval of the controlling	60643
board.	60644

The state board of education shall, in accordance with	60645
appropriations made by the general assembly, meet the financial	60646
obligations of this chapter.	60647

Moneys distributed pursuant to this chapter shall be	60648
calculated and paid on a fiscal year basis, beginning with the	60649
first day of July and extending through the thirtieth day of June.	60650
The moneys appropriated for each fiscal year shall be distributed	60651
periodically to each school district unless otherwise provided	60652
for. The state board, in June of each year, shall submit ~~a yearly~~	60653
~~distribution plan~~ to the controlling board ~~at its first meeting in~~	60654
~~July. The state board shall submit any proposed midyear revision~~	60655
~~of the plan to the controlling board in January. Any year-end~~	60656
~~revision of the plan shall be submitted to the controlling board~~	60657
~~in June. If moneys appropriated for each fiscal year are~~	60658
~~distributed other than monthly, such distribution shall be on the~~	60659
~~same basis for each school district~~the state board's year-end	60660
distributions pursuant to this chapter.	60661

Except as otherwise provided, payments under this chapter	60662
shall be made only to those school districts in which:	60663

(A) The school district, except for any educational service	60664
center and any joint vocational or cooperative education school	60665
district, levies for current operating expenses at least twenty	60666
mills. Levies for joint vocational or cooperative education school	60667
districts or county school financing districts, limited to or to	60668
the extent apportioned to current expenses, shall be included in	60669
this qualification requirement. School district income tax levies	60670
under Chapter 5748. of the Revised Code, limited to or to the	60671
extent apportioned to current operating expenses, shall be	60672
included in this qualification requirement to the extent	60673
determined by the tax commissioner under division (D) of section	60674
3317.021 of the Revised Code.	60675

(B) The school year next preceding the fiscal year for which	60676
such payments are authorized meets the requirement of section	60677
3313.48 or 3313.481 of the Revised Code, with regard to the	60678
minimum number of days or hours school must be open for	60679
instruction with pupils in attendance, for individualized	60680
parent-teacher conference and reporting periods, and for	60681
professional meetings of teachers. This requirement shall be	60682
waived by the superintendent of public instruction if it had been	60683
necessary for a school to be closed because of disease epidemic,	60684
hazardous weather conditions, inoperability of school buses or	60685
other equipment necessary to the school's operation, damage to a	60686
school building, or other temporary circumstances due to utility	60687
failure rendering the school building unfit for school use,	60688
provided that for those school districts operating pursuant to	60689
section 3313.48 of the Revised Code the number of days the school	60690
was actually open for instruction with pupils in attendance and	60691
for individualized parent-teacher conference and reporting periods	60692
is not less than one hundred seventy-five, or for those school	60693
districts operating on a trimester plan the number of days the	60694
school was actually open for instruction with pupils in attendance	60695
not less than seventy-nine days in any trimester, for those school	60696
districts operating on a quarterly plan the number of days the	60697
school was actually open for instruction with pupils in attendance	60698
not less than fifty-nine days in any quarter, or for those school	60699
districts operating on a pentamester plan the number of days the	60700
school was actually open for instruction with pupils in attendance	60701
not less than forty-four days in any pentamester.	60702

A school district shall not be considered to have failed to	60703
comply with this division or section 3313.481 of the Revised Code	60704
because schools were open for instruction but either twelfth grade	60705
students were excused from attendance for up to three days or only	60706
a portion of the kindergarten students were in attendance for up	60707
to three days in order to allow for the gradual orientation to	60708
school of such students.	60709

The superintendent of public instruction shall waive the	60710
requirements of this section with reference to the minimum number	60711
of days or hours school must be in session with pupils in	60712
attendance for the school year succeeding the school year in which	60713
a board of education initiates a plan of operation pursuant to	60714
section 3313.481 of the Revised Code. The minimum requirements of	60715
this section shall again be applicable to such a district	60716
beginning with the school year commencing the second July	60717
succeeding the initiation of one such plan, and for each school	60718
year thereafter.	60719

A school district shall not be considered to have failed to	60720
comply with this division or section 3313.48 or 3313.481 of the	60721
Revised Code because schools were open for instruction but the	60722
length of the regularly scheduled school day, for any number of	60723
days during the school year, was reduced by not more than two	60724
hours due to hazardous weather conditions.	60725

(C) The school district has on file, and is paying in	60726
accordance with, a teachers' salary schedule which complies with	60727
section 3317.13 of the Revised Code.	60728

A board of education or governing board of an educational	60729
service center which has not conformed with other law and the	60730
rules pursuant thereto, shall not participate in the distribution	60731
of funds authorized by ~~sections 3317.022 to 3317.0211, 3317.11,~~	60732
~~3317.16, 3317.17, and 3317.19 of the Revised Code~~this chapter,	60733
except for good and sufficient reason established to the	60734
satisfaction of the state board of education and the state	60735
controlling board.	60736

All funds allocated to school districts under this chapter,	60737
except those specifically allocated for other purposes, shall be	60738
used to pay current operating expenses only.	60739

Sec. 3317.013. Except for a preschool child with a	60740
disability for whom a scholarship has been awarded under section	60741
3310.41 of the Revised Code, this section does not apply to	60742
preschool children with disabilities.	60743

Analysis of special education cost data has resulted in a	60744
finding that the average special education additional cost per	60745
pupil, including the costs of related services, can be expressed	60746
as a multiple of the ~~base cost per pupil calculated under section~~	60747
~~3317.012 of the Revised Code~~formula amount. The multiples for the	60748
following categories of special education programs, as these	60749
programs are defined for purposes of Chapter 3323. of the Revised	60750
Code, and adjusted as provided in this section, are as follows:	60751

(A) A multiple of ~~0.2892~~0.2906 for students whose primary or	60752
only identified disability is a speech and language disability, as	60753
this term is defined pursuant to Chapter 3323. of the Revised	60754
Code;	60755

(B) A multiple of ~~0.3691~~0.7374 for students identified as	60756
specific learning disabled or developmentally disabled, as these	60757
terms are defined pursuant to Chapter 3323. of the Revised Code,	60758
or as having an other health impairment-minor;	60759

(C) A multiple of ~~1.7695~~1.7716 for students identified as	60760
hearing disabled~~, vision impaired,~~ or severe behavior disabled, as	60761
these terms are defined pursuant to Chapter 3323. of the Revised	60762
Code;	60763

(D) A multiple of ~~2.3646~~2.3643 for students identified as	60764
~~orthopedically disabled~~vision impaired, as this term is defined	60765
pursuant to Chapter 3323. of the Revised Code, or as having an	60766
other health impairment-major;	60767

(E) A multiple of ~~3.1129~~3.2022 for students identified as	60768
orthopedically disabled or as having multiple disabilities, as	60769
~~this term is~~these terms are defined pursuant to Chapter 3323. of	60770
the Revised Code;	60771

(F) A multiple of ~~4.7342~~4.7205 for students identified as	60772
autistic, having traumatic brain injuries, or as both visually and	60773
hearing impaired, as these terms are defined pursuant to Chapter	60774
3323. of the Revised Code.	60775

In fiscal years 2008, 2009, 2010, ~~and~~ 2011, 2012, and 2013,	60776
the multiples specified in divisions (A) to (F) of this section	60777
shall be adjusted by multiplying them by 0.90.	60778

~~Not later than the thirtieth day of December in 2007, 2008,~~	60779
~~and 2009, the department of education shall submit to the office~~	60780
~~of budget and management a report that specifies for each city,~~	60781
~~local, exempted village, and joint vocational school district the~~	60782
~~fiscal year allocation of the state and local shares of special~~	60783
~~education and related services additional weighted funding and~~	60784
~~federal special education funds passed through to the district.~~	60785

Sec. 3317.014. The ~~average~~ vocational education additional	60786
cost per pupil can be expressed as a multiple of the ~~base cost per~~	60787
~~pupil calculated under section 3317.012 of the Revised Code~~	60788
formula amount. The multiples for the following categories of	60789
vocational education programs are as follows:	60790

(A) A multiple of 0.57 for students enrolled in vocational	60791
education job-training and workforce development programs approved	60792
by the department of education in accordance with rules adopted	60793
under section 3313.90 of the Revised Code.	60794

(B) A multiple of 0.28 for students enrolled in vocational	60795
education classes other than job-training and workforce	60796
development programs.	60797

Vocational education associated services costs can be	60798
expressed as a multiple of 0.05 of the ~~base cost per pupil~~	60799
~~calculated under section 3317.012 of the Revised Code~~formula	60800
amount.	60801

~~By the thirtieth day of each December, the department of~~	60802
~~education shall report to the office of budget and management and~~	60803
~~the general assembly the amount of weighted funding for vocational~~	60804
~~education and associated services that was spent by each city,~~	60805
~~local, exempted village, and joint vocational school district~~	60806
~~specifically for vocational educational and associated services~~	60807
~~during the previous fiscal year.~~	60808

Sec. 3317.018. (A) The department of education shall make no	60809
calculations or payments under ~~Chapter 3317. of the Revised Code~~	60810
this chapter for any fiscal year except as prescribed in this	60811
section. The payments authorized under this section are in	60812
addition to payments computed and paid for fiscal years 2012 and	60813
2013 under the section of H.B. 153 of the 129th general assembly	60814
entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL SCHOOL	60815
DISTRICTS."	60816

(B) School districts shall report student enrollment data as	60817
prescribed by section 3317.03 of the Revised Code, which data the	60818
department shall use to make payments under ~~Chapters 3306. and~~	60819
~~3317. of the Revised Code.~~this chapter and the section of H.B.	60820
153 of the 129th general assembly entitled "FUNDING FOR CITY,	60821
EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICTS."	60822

(C) The tax commissioner shall report data regarding tax	60823
valuation and receipts for school districts as prescribed by	60824
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027,	60825
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division ~~(M)~~(K)	60826
of section 3317.02 of the Revised Code, which data the department	60827
shall use to make payments under ~~Chapters 3306. and 3317. of the~~	60828
~~Revised Code.~~this chapter and the section of H.B. 153 of the	60829
129th general assembly entitled "FUNDING FOR CITY, EXEMPTED	60830
VILLAGE, AND LOCAL SCHOOL DISTRICTS."	60831

(D) Unless otherwise specified by another provision of law,	60832
~~in addition to the payments prescribed by Chapter 3306. of the~~	60833
~~Revised Code,~~ the department shall continue to make payments to or	60834
adjustments for school districts in fiscal years after fiscal year	60835
2009 under the following provisions of ~~Chapter 3317. of the~~	60836
~~Revised Code~~this chapter:	60837

(1) The catastrophic cost reimbursement under division (C)(3)	60838
of section 3317.022 of the Revised Code; however, when computing	60839
that payment, the department shall use the disability categories	60840
and multiples specified in section 3317.013 of the Revised Code as	60841
that section existed prior to the effective date of this	60842
amendment. No other payments shall be made under ~~that~~ section	60843
3317.022 of the Revised Code.	60844

(2) All payments or adjustments under section 3317.023 of the	60845
Revised Code~~, except no payments or adjustments shall be made~~	60846
~~under divisions (B), (C), and (D) of that section.~~;	60847

(3) All payments or adjustments under section 3317.024 of the	60848
Revised Code~~, except no payments or adjustments shall be made~~	60849
~~under divisions (F) and (N) of that section for fiscal years after~~	60850
~~fiscal year 2009 or under division (L) of that section for fiscal~~	60851
~~years 2010 and 2011.~~;	60852

(4) All payments and adjustments under sections 3317.025,	60853
3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the	60854
Revised Code;	60855

(5) ~~Payments under section 3317.04 of the Revised Code;~~

60856

~~(6)~~ Unit payments under sections 3317.05, 3317.051, 3317.052,	60857
and 3317.053 of the Revised Code, except that no units for gifted	60858
funding are authorized ~~for~~after fiscal ~~years 2010 and 2011~~year	60859
2009.	60860

~~(7)~~(6) Payments under sections 3317.06, 3317.063, and	60861
3317.064 of the Revised Code;	60862

~~(8) Payments under section 3317.07 of the Revised Code;~~

60863

~~(9)~~(7) Payments to educational service centers under section	60864
3317.11 of the Revised Code;	60865

~~(10)~~(8) The catastrophic cost reimbursement under division	60866
(E) of section 3317.16 of the Revised Code and excess cost	60867
reimbursements under division (G) of that section; however, when	60868
computing that payment, the department shall use the disability	60869
categories and multiples specified in section 3317.013 of the	60870
Revised Code as that section existed prior to the effective date	60871
of this amendment. No other payments shall be made under ~~that~~	60872
section;3317.16 of the Revised Code.	60873

~~(11) Payments under section 3317.17 of the Revised Code;~~

60874

~~(12)~~(9) Adjustments under section 3317.18 of the Revised	60875
Code;	60876

~~(13)~~(10) Payments to cooperative education school districts	60877
under section 3317.19 of the Revised Code;	60878

~~(14)~~(11) Payments to county ~~MR/DD~~DD boards under section	60879
3317.20 of the Revised Code;	60880

~~(15)~~(12) Payments to state institutions for weighted special	60881
education funding under section 3317.201 of the Revised Code.	60882

(E) ~~Sections 3317.016 and 3317.017 shall not apply to fiscal~~	60883
~~years after fiscal year 2009.~~	60884

~~(F)~~ This section does not affect the provisions of sections	60885
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08,	60886
3317.081, 3317.082, 3317.09, 3317.12, 3317.13, 3317.14, 3317.141,	60887
3317.15, 3317.50, and 3317.51~~, 3317.62, 3317.63, and 3317.64~~ of	60888
the Revised Code.	60889

(F) The department shall make no payments for fiscal years	60890
2012 or 2013 under section 3317.0212 of the Revised Code.	60891

Sec. 3317.02. As used in this chapter:

60892

(A) Unless otherwise specified, "school district" means city,	60893
local, and exempted village school districts.	60894

(B) "Formula amount" means ~~$5,732~~$5,653 for fiscal year ~~2010~~	60895
2012 and fiscal year ~~2011~~2013.	60896

(C) "FTE basis" means a count of students based on full-time	60897
equivalency, in accordance with rules adopted by the department of	60898
education pursuant to section 3317.03 of the Revised Code. In	60899
adopting its rules under this division, the department shall	60900
provide for counting any student in category one, two, three,	60901
four, five, or six special education ADM or in category one or two	60902
vocational education ADM in the same proportion the student is	60903
counted in formula ADM.	60904

(D)(1) "Formula ADM" means, for a city, local, or exempted	60905
village school district, ~~"formula ADM" as defined in section~~	60906
~~3306.02 of the Revised Code.~~the average daily membership	60907
described in division (A) of section 3317.03 of the Revised Code,	60908
as verified by the superintendent of public instruction and	60909
adjusted if so ordered under division (K) of that section, and as	60910
further adjusted by the department of education, as follows:	60911

(a) Count only twenty per cent of the number of joint	60912
vocational school district students counted under division (A)(3)	60913
of section 3317.03 of the Revised Code;	60914

(b) Add twenty per cent of the number of students who are	60915
entitled to attend school in the district under section 3313.64 or	60916
3313.65 of the Revised Code and are enrolled in another school	60917
district under a career-technical educational compact.	60918

(2) "Formula ADM" means, for a joint vocational school	60919
district, the final number verified by the superintendent of	60920
public instruction, based on the number reported pursuant to	60921
division (D) of section 3317.03 of the Revised Code, as adjusted,	60922
if so ordered, under division (K) of that section. ~~For purposes~~	60923
~~of the calculation of payments to or adjustments for a city,~~	60924
~~exempted village, local, or joint vocational school district under~~	60925
~~this chapter or under Chapter 3306. of the Revised Code,~~	60926
~~calculations required under Chapter 3318. of the Revised Code, or~~	60927
~~adjustments required under Chapter 3365. of the Revised Code, the~~	60928
~~department of education shall use the district's formula ADM for~~	60929
~~the previous fiscal year, unless the district's average daily~~	60930
~~membership reported and verified for the current fiscal year is at~~	60931
~~least two per cent greater than the formula ADM reported for the~~	60932
~~previous fiscal year, in which case the department shall use the~~	60933
~~district's formula ADM for the current fiscal year.~~	60934

(E) "Three-year average formula ADM" means the average of	60935
formula ADMs for the preceding three fiscal years.	60936

(F)(1) "Category one special education ADM" means the average	60937
daily membership of children with disabilities receiving special	60938
education services for the disability specified in division	60939
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code and	60940
reported under division (B)(5) or (D)(2)(b) of section 3317.03 of	60941
the Revised Code.	60942

(2) "Category two special education ADM" means the average	60943
daily membership of children with disabilities receiving special	60944
education services for those disabilities specified in division	60945
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code and	60946
reported under division (B)(6) or (D)(2)(c) of section 3317.03 of	60947
the Revised Code.	60948

(3) "Category three special education ADM" means the average	60949
daily membership of students receiving special education services	60950
for those disabilities specified in division ~~(D)(3)~~(C) of section	60951
~~3306.02~~3317.013 of the Revised Code, and reported under division	60952
(B)(7) or (D)(2)(d) of section 3317.03 of the Revised Code.	60953

(4) "Category four special education ADM" means the average	60954
daily membership of students receiving special education services	60955
for those disabilities specified in division (D)~~(4)~~ of section	60956
~~3306.02~~3317.013 of the Revised Code and reported under division	60957
(B)(8) or (D)(2)(e) of section 3317.03 of the Revised Code.	60958

(5) "Category five special education ADM" means the average	60959
daily membership of students receiving special education services	60960
for the disabilities specified in division ~~(D)(5)~~(E) of section	60961
~~3306.02~~3317.013 of the Revised Code and reported under division	60962
(B)(9) or (D)(2)(f) of section 3317.03 of the Revised Code.	60963

(6) "Category six special education ADM" means the average	60964
daily membership of students receiving special education services	60965
for the disabilities specified in division ~~(D)(6)~~(F) of section	60966
~~3306.02~~3317.013 of the Revised Code and reported under division	60967
(B)(10) or (D)(2)(g) of section 3317.03 of the Revised Code.	60968

(7) "Category one vocational education ADM" means the average	60969
daily membership of students receiving vocational education	60970
services described in division (A) of section 3317.014 of the	60971
Revised Code and reported under division (B)(11) or (D)(2)(h) of	60972
section 3317.03 of the Revised Code.	60973

(8) "Category two vocational education ADM" means the average	60974
daily membership of students receiving vocational education	60975
services described in division (B) of section 3317.014 of the	60976
Revised Code and reported under division (B)(12) or (D)(2)(i) of	60977
section 3317.03 of the Revised Code.	60978

(G) "Preschool child with a disability" means a child with a	60979
disability, as defined in section 3323.01 of the Revised Code, who	60980
is at least age three but is not of compulsory school age, as	60981
defined in section 3321.01 of the Revised Code, and who is not	60982
currently enrolled in kindergarten.	60983

(H) "County DD board" means a county board of developmental	60984
disabilities.	60985

(I) "Recognized valuation" means the amount calculated for a	60986
school district pursuant to section 3317.015 of the Revised Code.	60987

(J) ~~"Transportation ADM" means the number of children~~	60988
~~reported under division (B)(13) of section 3317.03 of the Revised~~	60989
~~Code.~~	60990

~~(K) "Average efficient transportation use cost per student"~~	60991
~~means a statistical representation of transportation costs as~~	60992
~~calculated under division (D)(2) of section 3317.022 of the~~	60993
~~Revised Code.~~	60994

~~(L)~~ "Taxes charged and payable" means the taxes charged and	60995
payable against real and public utility property after making the	60996
reduction required by section 319.301 of the Revised Code, plus	60997
the taxes levied against tangible personal property.	60998

~~(M)~~(K) "Total taxable value" means the sum of the amounts	60999
certified for a city, local, exempted village, or joint vocational	61000
school district under divisions (A)(1) and (2) of section 3317.021	61001
of the Revised Code.	61002

~~(N)~~(L) "Tax exempt value" of a school district means the	61003
amount certified for a school district under division (A)(4) of	61004
section 3317.021 of the Revised Code.	61005

~~(O)~~(M) "Potential value" of a school district means the	61006
recognized valuation of a school district plus the tax exempt	61007
value of the district.	61008

~~(P)~~(N) "District median income" means the median Ohio	61009
adjusted gross income certified for a school district. On or	61010
before the first day of July of each year, the tax commissioner	61011
shall certify to the department of education and the office of	61012
budget and management for each city, exempted village, and local	61013
school district the median Ohio adjusted gross income of the	61014
residents of the school district determined on the basis of tax	61015
returns filed for the second preceding tax year by the residents	61016
of the district.	61017

~~(Q)~~(O) "Statewide median income" means the median district	61018
median income of all city, exempted village, and local school	61019
districts in the state.	61020

~~(R)~~(P) "Income factor" for a city, exempted village, or local	61021
school district means the quotient obtained by dividing that	61022
district's median income by the statewide median income.	61023

~~(S)~~(Q) "Medically fragile child" means a child to whom all of	61024
the following apply:	61025

(1) The child requires the services of a doctor of medicine	61026
or osteopathic medicine at least once a week due to the	61027
instability of the child's medical condition.	61028

(2) The child requires the services of a registered nurse on	61029
a daily basis.	61030

(3) The child is at risk of institutionalization in a	61031
hospital, skilled nursing facility, or intermediate care facility	61032
for the mentally retarded.	61033

~~(T)~~(R) A child may be identified as having an "other health	61034
impairment-major" if the child's condition meets the definition of	61035
"other health impaired" established in rules adopted by the state	61036
board of education prior to July 1, 2001, and if either of the	61037
following apply:	61038

(1) The child is identified as having a medical condition	61039
that is among those listed by the superintendent of public	61040
instruction as conditions where a substantial majority of cases	61041
fall within the definition of "medically fragile child." The	61042
superintendent of public instruction shall issue an initial list	61043
no later than September 1, 2001.	61044

(2) The child is determined by the superintendent of public	61045
instruction to be a medically fragile child. A school district	61046
superintendent may petition the superintendent of public	61047
instruction for a determination that a child is a medically	61048
fragile child.	61049

~~(U)~~(S) A child may be identified as having an "other health	61050
impairment-minor" if the child's condition meets the definition of	61051
"other health impaired" established in rules adopted by the state	61052
board of education prior to July 1, 2001, but the child's	61053
condition does not meet either of the conditions specified in	61054
division ~~(T)~~(R)(1) or (2) of this section.	61055

~~(V)~~(T) "State education aid" has the same meaning as in	61056
section 5751.20 of the Revised Code.	61057

~~(W)~~(U) "Property exemption value" means zero in fiscal year	61058
2006, and in fiscal year 2007 and each fiscal year thereafter, the	61059
amount certified for a school district under divisions (A)(6) and	61060
(7) of section 3317.021 of the Revised Code.	61061

~~(X)~~(V) "Internet- or computer-based community school" has the	61062
same meaning as in section 3314.02 of the Revised Code.	61063

~~(Y)~~(W) "State share percentage~~" has the same meaning as in~~,"	61064
for a city, exempted village, or local school district, for fiscal	61065
years 2012 and 2013, means the district's state share percentage	61066
as computed for fiscal year 2011 under former section 3306.02 of	61067
the Revised Code. "State share percentage," for a joint vocational	61068
school district, for fiscal years 2012 and 2013, means the	61069
district's state share percentage as computed for fiscal year 2009	61070
under section 3317.16 of the Revised Code as that section existed	61071
for that fiscal year.	61072

Sec. 3317.021. ~~The information certified under this section~~	61073
~~shall be used to calculate payments under this chapter and Chapter~~	61074
~~3306. of the Revised Code.~~	61075

(A) On or before the first day of June of each year, the tax	61076
commissioner shall certify to the department of education and the	61077
office of budget and management the information described in	61078
divisions (A)(1) to (7) of this section for each city, exempted	61079
village, and local school district, and the information required	61080
by divisions (A)(1) and (2) of this section for each joint	61081
vocational school district, and it shall be used, along with the	61082
information certified under division (B) of this section, in	61083
making the computations for the district under this chapter ~~and~~	61084
~~Chapter 3306. of the Revised Code~~.	61085

(1) The taxable value of real and public utility real	61086
property in the school district subject to taxation in the	61087
preceding tax year, by class and by county of location.	61088

(2) The taxable value of tangible personal property,	61089
including public utility personal property, subject to taxation by	61090
the district for the preceding tax year.	61091

(3)(a) The total property tax rate and total taxes charged	61092
and payable for the current expenses for the preceding tax year	61093
and the total property tax rate and the total taxes charged and	61094
payable to a joint vocational district for the preceding tax year	61095
that are limited to or to the extent apportioned to current	61096
expenses.	61097

(b) The portion of the amount of taxes charged and payable	61098
reported for each city, local, and exempted village school	61099
district under division (A)(3)(a) of this section attributable to	61100
a joint vocational school district.	61101

(4) The value of all real and public utility real property in	61102
the school district exempted from taxation minus both of the	61103
following:	61104

(a) The value of real and public utility real property in the	61105
district owned by the United States government and used	61106
exclusively for a public purpose;	61107

(b) The value of real and public utility real property in the	61108
district exempted from taxation under Chapter 725. or 1728. or	61109
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	61110
5709.73, or 5709.78 of the Revised Code.	61111

(5) The total federal adjusted gross income of the residents	61112
of the school district, based on tax returns filed by the	61113
residents of the district, for the most recent year for which this	61114
information is available.	61115

(6) The sum of the school district compensation value as	61116
indicated on the list of exempted property for the preceding tax	61117
year under section 5713.08 of the Revised Code as if such property	61118
had been assessed for taxation that year and the other	61119
compensation value for the school district, minus the amounts	61120
described in divisions (A)(6)(c) to (i) of this section. The	61121
portion of school district compensation value or other	61122
compensation value attributable to an incentive district exemption	61123
may be subtracted only once even if that incentive district	61124
satisfies more than one of the criteria in divisions (A)(6)(c) to	61125
(i) of this section.	61126

(a) "School district compensation value" means the aggregate	61127
value of real property in the school district exempted from	61128
taxation pursuant to an ordinance or resolution adopted under	61129
division (C) of section 5709.40, division (C) of section 5709.73,	61130
or division (B) of section 5709.78 of the Revised Code to the	61131
extent that the exempted value results in the charging of payments	61132
in lieu of taxes required to be paid to the school district under	61133
division (D)(1) or (2) of section 5709.40, division (D) of section	61134
5709.73, or division (C) of section 5709.78 of the Revised Code.	61135

(b) "Other compensation value" means the quotient that	61136
results from dividing (i) the dollar value of compensation	61137
received by the school district during the preceding tax year	61138
pursuant to division (B), (C), or (D) of section 5709.82 of the	61139
Revised Code and the amounts received pursuant to an agreement as	61140
specified in division (D)(2) of section 5709.40, division (D) of	61141
section 5709.73, or division (C) of section 5709.78 of the Revised	61142
Code to the extent those amounts were not previously reported or	61143
included in division (A)(6)(a) of this section, and so that any	61144
such amount is reported only once under division (A)(6)(b) of this	61145
section, in relation to exemptions from taxation granted pursuant	61146
to an ordinance or resolution adopted under division (C) of	61147
section 5709.40, division (C) of section 5709.73, or division (B)	61148
of section 5709.78 of the Revised Code, by (ii) the real property	61149
tax rate in effect for the preceding tax year for	61150
nonresidential/agricultural real property after making the	61151
reductions required by section 319.301 of the Revised Code.	61152

(c) The portion of school district compensation value or	61153
other compensation value that was exempted from taxation pursuant	61154
to such an ordinance or resolution for the preceding tax year, if	61155
the ordinance or resolution is adopted prior to January 1, 2006,	61156
and the legislative authority or board of township trustees or	61157
county commissioners, prior to January 1, 2006, executes a	61158
contract or agreement with a developer, whether for-profit or	61159
not-for-profit, with respect to the development of a project	61160
undertaken or to be undertaken and identified in the ordinance or	61161
resolution, and upon which parcels such project is being, or will	61162
be, undertaken;	61163

(d) The portion of school district compensation value that	61164
was exempted from taxation for the preceding tax year and for	61165
which payments in lieu of taxes for the preceding tax year were	61166
provided to the school district under division (D)(1) of section	61167
5709.40 of the Revised Code.	61168

(e) The portion of school district compensation value that	61169
was exempted from taxation for the preceding tax year pursuant to	61170
such an ordinance or resolution, if and to the extent that, on or	61171
before April 1, 2006, the fiscal officer of the municipal	61172
corporation that adopted the ordinance, or of the township or	61173
county that adopted the resolution, certifies and provides	61174
appropriate supporting documentation to the tax commissioner and	61175
the director of development that, based on hold-harmless	61176
provisions in any agreement between the school district and the	61177
legislative authority of the municipal corporation, board of	61178
township trustees, or board of county commissioners that was	61179
entered into on or before June 1, 2005, the ability or obligation	61180
of the municipal corporation, township, or county to repay bonds,	61181
notes, or other financial obligations issued or entered into prior	61182
to January 1, 2006, will be impaired, including obligations to or	61183
of any other body corporate and politic with whom the legislative	61184
authority of the municipal corporation or board of township	61185
trustees or county commissioners has entered into an agreement	61186
pertaining to the use of service payments derived from the	61187
improvements exempted;	61188

(f) The portion of school district compensation value that	61189
was exempted from taxation for the preceding tax year pursuant to	61190
such an ordinance or resolution, if the ordinance or resolution is	61191
adopted prior to January 1, 2006, in a municipal corporation with	61192
a population that exceeds one hundred thousand, as shown by the	61193
most recent federal decennial census, that includes a major	61194
employment center and that is adjacent to historically distressed	61195
neighborhoods, if the legislative authority of the municipal	61196
corporation that exempted the property prepares an economic	61197
analysis that demonstrates that all taxes generated within the	61198
incentive district accruing to the state by reason of improvements	61199
constructed within the district during its existence exceed the	61200
amount the state pays the school district under section 3317.022	61201
of the Revised Code attributable to such property exemption from	61202
the school district's recognized valuation. The analysis shall be	61203
submitted to and approved by the department of development prior	61204
to January 1, 2006, and the department shall not unreasonably	61205
withhold approval.	61206

(g) The portion of school district compensation value that	61207
was exempted from taxation for the preceding tax year under such	61208
an ordinance or resolution, if the ordinance or resolution is	61209
adopted prior to January 1, 2006, and if service payments have	61210
been pledged to be used for mixed-use riverfront entertainment	61211
development in any county with a population that exceeds six	61212
hundred thousand, as shown by the most recent federal decennial	61213
census;	61214

(h) The portion of school district compensation value that	61215
was exempted from taxation for the preceding tax year under such	61216
an ordinance or resolution, if, prior to January 1, 2006, the	61217
legislative authority of a municipal corporation, board of	61218
township trustees, or board of county commissioners has pledged	61219
service payments for a designated transportation capacity project	61220
approved by the transportation review advisory council under	61221
Chapter 5512. of the Revised Code;	61222

(i) The portion of school district compensation value that	61223
was exempted from taxation for the preceding tax year under such	61224
an ordinance or resolution if the legislative authority of a	61225
municipal corporation, board of township trustees, or board of	61226
county commissioners have, by January 1, 2006, pledged proceeds	61227
for designated transportation improvement projects that involve	61228
federal funds for which the proceeds are used to meet a local	61229
share match requirement for such funding.	61230

As used in division (A)(6) of this section, "project" has the	61231
same meaning as in section 5709.40 of the Revised Code.	61232

(7) The aggregate value of real property in the school	61233
district for which an exemption from taxation is granted by an	61234
ordinance or resolution adopted on or after January 1, 2006, under	61235
Chapter 725. or 1728., sections 3735.65 to 3735.70, or section	61236
5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised	61237
Code, as indicated on the list of exempted property for the	61238
preceding tax year under section 5713.08 of the Revised Code and	61239
as if such property had been assessed for taxation that year,	61240
minus the product determined by multiplying (a) the aggregate	61241
value of the real property in the school district exempted from	61242
taxation for the preceding tax year under any of the chapters or	61243
sections specified in this division, by (b) a fraction, the	61244
numerator of which is the difference between (i) the amount of	61245
anticipated revenue such school district would have received for	61246
the preceding tax year if the real property exempted from taxation	61247
had not been exempted from taxation and (ii) the aggregate amount	61248
of payments in lieu of taxes on the exempt real property for the	61249
preceding tax year and other compensation received for the	61250
preceding tax year by the school district pursuant to any	61251
agreements entered into on or after January 1, 2006, under section	61252
5709.82 of the Revised Code between the school district and the	61253
legislative authority of a political subdivision that acted under	61254
the authority of a chapter or statute specified in this division,	61255
that were entered into in relation to such exemption, and the	61256
denominator of which is the amount of anticipated revenue such	61257
school district would have received in the preceding fiscal year	61258
if the real property exempted from taxation had not been exempted.	61259

(B) On or before the first day of May each year, the tax	61260
commissioner shall certify to the department of education and the	61261
office of budget and management the total taxable real property	61262
value of railroads and, separately, the total taxable tangible	61263
personal property value of all public utilities for the preceding	61264
tax year, by school district and by county of location.	61265

(C) If a public utility has properly and timely filed a	61266
petition for reassessment under section 5727.47 of the Revised	61267
Code with respect to an assessment issued under section 5727.23 of	61268
the Revised Code affecting taxable property apportioned by the tax	61269
commissioner to a school district, the taxable value of public	61270
utility tangible personal property included in the certification	61271
under divisions (A)(2) and (B) of this section for the school	61272
district shall include only the amount of taxable value on the	61273
basis of which the public utility paid tax for the preceding year	61274
as provided in division (B)(1) or (2) of section 5727.47 of the	61275
Revised Code.	61276

(D) If on the basis of the information certified under	61277
division (A) of this section, the department determines that any	61278
district fails in any year to meet the qualification requirement	61279
specified in ~~division (A)(1) of section 3306.01 and~~ division (A)	61280
of section 3317.01 of the Revised Code, the department shall	61281
immediately request the tax commissioner to determine the extent	61282
to which any school district income tax levied by the district	61283
under Chapter 5748. of the Revised Code shall be included in	61284
meeting that requirement. Within five days of receiving such a	61285
request from the department, the tax commissioner shall make the	61286
determination required by this division and report the quotient	61287
obtained under division (D)(3) of this section to the department	61288
and the office of budget and management. This quotient represents	61289
the number of mills that the department shall include in	61290
determining whether the district meets the qualification	61291
requirement of ~~division (A)(1) of section 3306.01 and~~ division (A)	61292
of section 3317.01 of the Revised Code.	61293

The tax commissioner shall make the determination required by	61294
this division as follows:	61295

(1) Multiply one mill times the total taxable value of the	61296
district as determined in divisions (A)(1) and (2) of this	61297
section;	61298

(2) Estimate the total amount of tax liability for the	61299
current tax year under taxes levied by Chapter 5748. of the	61300
Revised Code that are apportioned to current operating expenses of	61301
the district, excluding any income tax receipts allocated for the	61302
project cost, debt service, or maintenance set-aside associated	61303
with a state-assisted classroom facilities project as authorized	61304
by section 3318.052 of the Revised Code;	61305

(3) Divide the amount estimated under division (D)(2) of this	61306
section by the product obtained under division (D)(1) of this	61307
section.	61308

(E)(1) On or before June 1, 2006, and the first day of April	61309
of each year thereafter, the director of development shall report	61310
to the department of education, the tax commissioner, and the	61311
director of budget and management the total amounts of payments	61312
received by each city, local, exempted village, or joint	61313
vocational school district for the preceding tax year pursuant to	61314
division (D) of section 5709.40, division (D) of section 5709.73,	61315
division (C) of section 5709.78, or division (B)(1), (B)(2), (C),	61316
or (D) of section 5709.82 of the Revised Code in relation to	61317
exemptions from taxation granted pursuant to an ordinance adopted	61318
by the legislative authority of a municipal corporation under	61319
division (C) of section 5709.40 of the Revised Code, or a	61320
resolution adopted by a board of township trustees or board of	61321
county commissioners under division (C) of section 5709.73 or	61322
division (B) of section 5709.78 of the Revised Code, respectively.	61323
On or before April 1, 2006, and the first day of March of each	61324
year thereafter, the treasurer of each city, local, exempted	61325
village, or joint vocational school district that has entered into	61326
such an agreement shall report to the director of development the	61327
total amounts of such payments the district received for the	61328
preceding tax year as provided in this section. The state board of	61329
education, in accordance with sections 3319.31 and 3319.311 of the	61330
Revised Code, may suspend or revoke the license of a treasurer	61331
found to have willfully reported erroneous, inaccurate, or	61332
incomplete data under this division.	61333

(2) On or before April 1, 2007, and the first day of April of	61334
each year thereafter, the director of development shall report to	61335
the department of education, the tax commissioner, and the	61336
director of budget and management the total amounts of payments	61337
received by each city, local, exempted village, or joint	61338
vocational school district for the preceding tax year pursuant to	61339
divisions (B), (C), and (D) of section 5709.82 of the Revised Code	61340
in relation to exemptions from taxation granted pursuant to	61341
ordinances or resolutions adopted on or after January 1, 2006,	61342
under Chapter 725. or 1728., sections 3735.65 to 3735.70, or	61343
section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the	61344
Revised Code. On or before March 1, 2007, and the first day of	61345
March of each year thereafter, the treasurer of each city, local,	61346
exempted village, or joint vocational school district that has	61347
entered into such an agreement shall report to the director of	61348
development the total amounts of such payments the district	61349
received for the preceding tax year as provided by this section.	61350
The state board of education, in accordance with sections 3319.31	61351
and 3319.311 of the Revised Code, may suspend or revoke the	61352
license of a treasurer found to have willfully reported erroneous,	61353
inaccurate, or incomplete data under this division.	61354

Sec. 3317.022. (A)(1) The department of education shall	61355
compute and distribute state base cost funding to each eligible	61356
school district for the fiscal year, using the information	61357
obtained under section 3317.021 of the Revised Code in the	61358
calendar year in which the fiscal year begins, according to the	61359
following formula:	61360

{[the formula amount X (formula ADM +	61361

preschool scholarship ADM)] +	61362

the sum of the base funding supplements	61363

prescribed in divisions (C)(1) to (4)	61364

of section 3317.012 of the Revised Code} -	61365

[.023 x (the sum of recognized valuation	61366

and property exemption value)] +	61367

the amounts calculated for the district under	61368

sections 3317.029 and 3317.0217 of the Revised Code	61369

If the difference obtained is a negative number, the	61370
district's computation shall be zero.	61371

(2)(a) For each school district for which the tax exempt	61372
value of the district equals or exceeds twenty-five per cent of	61373
the potential value of the district, the department of education	61374
shall calculate the difference between the district's tax exempt	61375
value and twenty-five per cent of the district's potential value.	61376

(b) For each school district to which division (A)(2)(a) of	61377
this section applies, the department shall adjust the recognized	61378
valuation used in the calculation under division (A)(1) of this	61379
section by subtracting from it the amount calculated under	61380
division (A)(2)(a) of this section.	61381

(B) As used in this section:

61382

(1) The "total special education weight" for a district means	61383
the sum of the following amounts:	61384

(a) The district's category one special education ADM	61385
multiplied by the multiple specified in division (A) of section	61386
3317.013 of the Revised Code;	61387

(b) The district's category two special education ADM	61388
multiplied by the multiple specified in division (B) of section	61389
3317.013 of the Revised Code;	61390

(c) The district's category three special education ADM	61391
multiplied by the multiple specified in division (C) of section	61392
3317.013 of the Revised Code;	61393

(d) The district's category four special education ADM	61394
multiplied by the multiple specified in division (D) of section	61395
3317.013 of the Revised Code;	61396

(e) The district's category five special education ADM	61397
multiplied by the multiple specified in division (E) of section	61398
3317.013 of the Revised Code;	61399

(f) The district's category six special education ADM	61400
multiplied by the multiple specified in division (F) of section	61401
3317.013 of the Revised Code.	61402

(2) "Related services" includes:

61403

(a) Child study, special education supervisors and	61404
coordinators, speech and hearing services, adaptive physical	61405
development services, occupational or physical therapy, teacher	61406
assistants for children with disabilities whose disabilities are	61407
described in division (B) of section 3317.013 or division (F)(3)	61408
of section 3317.02 of the Revised Code, behavioral intervention,	61409
interpreter services, work study, nursing services, and	61410
specialized integrative services as those terms are defined by the	61411
department;	61412

(b) Speech and language services provided to any student with	61413
a disability, including any student whose primary or only	61414
disability is a speech and language disability;	61415

(c) Any related service not specifically covered by other	61416
state funds but specified in federal law, including but not	61417
limited to, audiology and school psychological services;	61418

(d) Any service included in units funded under former	61419
division (O)(1) of section 3317.024 of the Revised Code;	61420

(e) Any other related service needed by children with	61421
disabilities in accordance with their individualized education	61422
programs.	61423

(3) The "total vocational education weight" for a district	61424
means the sum of the following amounts:	61425

(a) The district's category one vocational education ADM	61426
multiplied by the multiple specified in division (A) of section	61427
3317.014 of the Revised Code;	61428

(b) The district's category two vocational education ADM	61429
multiplied by the multiple specified in division (B) of section	61430
3317.014 of the Revised Code.	61431

(4) "Preschool scholarship ADM" means the number of preschool	61432
children with disabilities reported under division (B)(3)(h) of	61433
section 3317.03 of the Revised Code.	61434

(C)(1) The department shall compute and distribute state	61435
special education and related services additional weighted costs	61436
funds to each school district in accordance with the following	61437
formula:	61438

The district's state share percentage X	61439

the formula amount for the year for which	61440

the aid is calculated X the district's	61441

total special education weight	61442

(2) The attributed local share of special education and	61443
related services additional weighted costs equals:	61444

(1 - the district's state share percentage) X the district's	61445

total special education weight X the formula amount	61446

(3)(a) The department shall compute and pay in accordance	61447
with this division additional state aid to school districts for	61448
students in categories two through six special education ADM. If a	61449
district's costs for the fiscal year for a student in its	61450
categories two through six special education ADM exceed the	61451
threshold catastrophic cost for serving the student, the district	61452
may submit to the superintendent of public instruction	61453
documentation, as prescribed by the superintendent, of all its	61454
costs for that student. Upon submission of documentation for a	61455
student of the type and in the manner prescribed, the department	61456
shall pay to the district an amount equal to the sum of the	61457
following:	61458

(i) One-half of the district's costs for the student in	61459
excess of the threshold catastrophic cost;	61460

(ii) The product of one-half of the district's costs for the	61461
student in excess of the threshold catastrophic cost multiplied by	61462
the district's state share percentage.	61463

(b) For purposes of division (C)(3)(a) of this section, the	61464
threshold catastrophic cost for serving a student equals:	61465

(i) For a student in the school district's category two,	61466
three, four, or five special education ADM, twenty-seven thousand	61467
three hundred seventy-five dollars;	61468

(ii) For a student in the district's category six special	61469
education ADM, thirty-two thousand eight hundred fifty dollars.	61470

(c) The district shall only report under division (C)(3)(a)	61471
of this section, and the department shall only pay for, the costs	61472
of educational expenses and the related services provided to the	61473
student in accordance with the student's individualized education	61474
program. Any legal fees, court costs, or other costs associated	61475
with any cause of action relating to the student may not be	61476
included in the amount.	61477

(4)(a) As used in this division, the "personnel allowance"	61478
means thirty thousand dollars in fiscal years 2008 and 2009.	61479

(b) For the provision of speech language pathology services	61480
to students, including students who do not have individualized	61481
education programs prepared for them under Chapter 3323. of the	61482
Revised Code, and for no other purpose, the department of	61483
education shall pay each school district an amount calculated	61484
under the following formula:	61485

(formula ADM divided by 2000) X	61486

the personnel allowance X	61487

the state share percentage	61488

(5) In any fiscal year, a school district shall spend for	61489
purposes that the department designates as approved for special	61490
education and related services expenses at least the amount	61491
calculated as follows:	61492

(formula amount X the sum of categories	61493

one through six special education ADM) +	61494

(total special education weight X formula amount)	61495

The purposes approved by the department for special education	61496
expenses shall include, but shall not be limited to,	61497
identification of children with disabilities, compliance with	61498
state rules governing the education of children with disabilities	61499
and prescribing the continuum of program options for children with	61500
disabilities, provision of speech language pathology services, and	61501
the portion of the school district's overall administrative and	61502
overhead costs that are attributable to the district's special	61503
education student population.	61504

The scholarships deducted from the school district's account	61505
under section 3310.41 of the Revised Code shall be considered to	61506
be an approved special education and related services expense for	61507
the purpose of the school district's compliance with division	61508
(C)(5) of this section.	61509

The department shall require school districts to report data	61510
annually to allow for monitoring compliance with division (C)(5)	61511
of this section. The department shall annually report to the	61512
governor and the general assembly the amount of money spent by	61513
each school district for special education and related services.	61514

(6) In any fiscal year, a school district shall spend for the	61515
provision of speech language pathology services not less than the	61516
sum of the amount calculated under division (C)(1) of this section	61517
for the students in the district's category one special education	61518
ADM and the amount calculated under division (C)(4) of this	61519
section.	61520

(D)(1) ~~As used in this division:~~

61521

~~(a) "Daily bus miles per student" equals the number of bus~~	61522
~~miles traveled per day, divided by transportation base.~~	61523

~~(b) "Transportation base" equals total student count as~~	61524
~~defined in section 3301.011 of the Revised Code, minus the number~~	61525
~~of students enrolled in units for preschool children with~~	61526
~~disabilities, plus the number of nonpublic school students~~	61527
~~included in transportation ADM.~~	61528

~~(c) "Transported student percentage" equals transportation~~	61529
~~ADM divided by transportation base.~~	61530

~~(d) "Transportation cost per student" equals total operating~~	61531
~~costs for board-owned or contractor-operated school buses divided~~	61532
~~by transportation base.~~	61533

~~(2) Analysis of student transportation cost data has resulted~~	61534
~~in a finding that an average efficient transportation use cost per~~	61535
~~student can be calculated by means of a regression formula that~~	61536
~~has as its two independent variables the number of daily bus miles~~	61537
~~per student and the transported student percentage. For fiscal~~	61538
~~year 1998 transportation cost data, the average efficient~~	61539
~~transportation use cost per student is expressed as follows:~~	61540

~~51.79027 + (139.62626 X daily bus miles per student) +~~	61541

~~(116.25573 X transported student percentage)~~	61542

~~The department of education shall annually determine the~~	61543
~~average efficient transportation use cost per student in~~	61544
~~accordance with the principles stated in division (D)(2) of this~~	61545
~~section, updating the intercept and regression coefficients of the~~	61546
~~regression formula modeled in this division, based on an annual~~	61547
~~statewide analysis of each school district's daily bus miles per~~	61548
~~student, transported student percentage, and transportation cost~~	61549
~~per student data. The department shall conduct the annual update~~	61550
~~using data, including daily bus miles per student, transported~~	61551
~~student percentage, and transportation cost per student data, from~~	61552
~~the prior fiscal year. The department shall notify the office of~~	61553
~~budget and management of such update by the fifteenth day of~~	61554
~~February of each year.~~	61555

~~(3) In addition to funds paid under divisions (A), (C), and~~	61556
~~(E) of this section, each district with a transported student~~	61557
~~percentage greater than zero shall receive a payment equal to a~~	61558
~~percentage of the product of the district's transportation base~~	61559
~~from the prior fiscal year times the annually updated average~~	61560
~~efficient transportation use cost per student, times an inflation~~	61561
~~factor of two and eight-tenths per cent to account for the~~	61562
~~one-year difference between the data used in updating the formula~~	61563
~~and calculating the payment and the year in which the payment is~~	61564
~~made. The percentage shall be the following percentage of that~~	61565
~~product specified for the corresponding fiscal year:~~	61566

~~FISCAL YEAR~~	~~PERCENTAGE~~	61567
~~2000~~	~~52.5%~~	61568
~~2001~~	~~55%~~	61569
~~2002~~	~~57.5%~~	61570
~~2003 and thereafter~~	~~The greater of 60% or the district's state share percentage~~	61571

~~The payments made under division (D)(3) of this section each~~	61572
~~year shall be calculated based on all of the same prior year's~~	61573
~~data used to update the formula.~~	61574

~~(4) In addition to funds paid under divisions (D)(2) and (3)~~	61575
~~of this section, a school district shall receive a rough road~~	61576
~~subsidy if both of the following apply:~~	61577

~~(a) Its county rough road percentage is higher than the~~	61578
~~statewide rough road percentage, as those terms are defined in~~	61579
~~division (D)(5) of this section;~~	61580

~~(b) Its district student density is lower than the statewide~~	61581
~~student density, as those terms are defined in that division.~~	61582

~~(5) The rough road subsidy paid to each district meeting the~~	61583
~~qualifications of division (D)(4) of this section shall be~~	61584
~~calculated in accordance with the following formula:~~	61585

~~(per rough mile subsidy X total rough road miles)~~	61586

~~X density multiplier~~	61587

~~where:~~

61588

~~(a) "Per rough mile subsidy" equals the amount calculated in~~	61589
~~accordance with the following formula:~~	61590

~~0.75 - {0.75 X [(maximum rough road percentage -~~	61591

~~county rough road percentage)/(maximum rough road~~	61592

~~percentage - statewide rough road percentage)]}~~	61593

~~(i) "Maximum rough road percentage" means the highest county~~	61594
~~rough road percentage in the state.~~	61595

~~(ii) "County rough road percentage" equals the percentage of~~	61596
~~the mileage of state, municipal, county, and township roads that~~	61597
~~is rated by the department of transportation as type A, B, C, E2,~~	61598
~~or F in the county in which the school district is located or, if~~	61599
~~the district is located in more than one county, the county to~~	61600
~~which it is assigned for purposes of determining its~~	61601
~~cost-of-doing-business factor.~~	61602

~~(iii) "Statewide rough road percentage" means the percentage~~	61603
~~of the statewide total mileage of state, municipal, county, and~~	61604
~~township roads that is rated as type A, B, C, E2, or F by the~~	61605
~~department of transportation.~~	61606

~~(b) "Total rough road miles" means a school district's total~~	61607
~~bus miles traveled in one year times its county rough road~~	61608
~~percentage.~~	61609

~~(c) "Density multiplier" means a figure calculated in~~	61610
~~accordance with the following formula:~~	61611

~~1 - [(minimum student density - district student~~	61612

~~density)/(minimum student density -~~	61613

~~statewide student density)]~~	61614

~~(i) "Minimum student density" means the lowest district~~	61615
~~student density in the state.~~	61616

~~(ii) "District student density" means a school district's~~	61617
~~transportation base divided by the number of square miles in the~~	61618
~~district.~~	61619

~~(iii) "Statewide student density" means the sum of the~~	61620
~~transportation bases for all school districts divided by the sum~~	61621
~~of the square miles in all school districts.~~	61622

~~(6) In addition to funds paid under divisions (D)(2) to (5)~~	61623
~~of this section, each district shall receive in accordance with~~	61624
~~rules adopted by the state board of education a payment for~~	61625
~~students transported by means other than board-owned or~~	61626
~~contractor-operated buses and whose transportation is not funded~~	61627
~~under division (G) of section 3317.024 of the Revised Code. The~~	61628
~~rules shall include provisions for school district reporting of~~	61629
~~such students.~~	61630

~~(E)(1)~~ The department shall compute and distribute state	61631
vocational education additional weighted costs funds to each	61632
school district in accordance with the following formula:	61633

state share percentage X	61634

the formula amount X	61635

total vocational education weight	61636

In any fiscal year, a school district receiving funds under	61637
division ~~(E)~~(D)(1) of this section shall spend those funds only	61638
for the purposes that the department designates as approved for	61639
vocational education expenses. Vocational educational expenses	61640
approved by the department shall include only expenses connected	61641
to the delivery of career-technical programming to	61642
career-technical students. The department shall require the school	61643
district to report data annually so that the department may	61644
monitor the district's compliance with the requirements regarding	61645
the manner in which funding received under division ~~(E)~~(D)(1) of	61646
this section may be spent.	61647

(2) The department shall compute for each school district	61648
state funds for vocational education associated services in	61649
accordance with the following formula:	61650

state share percentage X .05 X the formula amount X	61651

the sum of categories one and two vocational education ADM	61652

In any fiscal year, a school district receiving funds under	61653
division ~~(E)~~(D)(2) of this section, or through a transfer of funds	61654
pursuant to division ~~(L)~~(I) of section 3317.023 of the Revised	61655
Code, shall spend those funds only for the purposes that the	61656
department designates as approved for vocational education	61657
associated services expenses, which may include such purposes as	61658
apprenticeship coordinators, coordinators for other vocational	61659
education services, vocational evaluation, and other purposes	61660
designated by the department. The department may deny payment	61661
under division ~~(E)~~(D)(2) of this section to any district that the	61662
department determines is not operating those services or is using	61663
funds paid under division ~~(E)~~(D)(2) of this section, or through a	61664
transfer of funds pursuant to division ~~(L)~~(I) of section 3317.023	61665
of the Revised Code, for other purposes.	61666

~~(F)~~(E) The actual local share in any fiscal year for the	61667
combination of special education and related services additional	61668
weighted costs funding calculated under division (C)(1) of this	61669
section, transportation ~~funding~~base payment calculated under	61670
divisions ~~(D)(2) and (3)~~division (E) of ~~this~~ section 3317.0212 of	61671
the Revised Code, and vocational education and associated services	61672
additional weighted costs funding calculated under divisions	61673
~~(E)~~(D)(1) and (2) of this section shall not exceed for any school	61674
district the product of three and three-tenths mills times the	61675
district's recognized valuation. The department annually shall pay	61676
each school district as an excess cost supplement any amount by	61677
which the sum of the district's attributed local shares for that	61678
funding exceeds that product. For purposes of calculating the	61679
excess cost supplement:	61680

(1) The attributed local share for special education and	61681
related services additional weighted costs funding is the amount	61682
specified in division (C)(2) of this section.	61683

(2) The attributed local share of the district's	61684
transportation ~~funding~~base payment equals the difference of the	61685
total amount calculated for the district ~~using the formula~~	61686
~~developed~~ under division ~~(D)(2)~~(E) of ~~this~~ section 3317.0212 of	61687
the Revised Code minus the actual amount paid to the district	61688
after applying the percentage specified in division ~~(D)~~(E)(3) of	61689
~~this~~that section.	61690

(3) The attributed local share of vocational education and	61691
associated services additional weighted costs funding is the	61692
amount determined as follows:	61693

(1 - state share percentage) X	61694

[(total vocational education weight X	61695

the formula amount) + the payment under	61696

division ~~(E)~~(D)(2) of this section]	61697

Sec. 3317.023. (A) The amounts required to be paid to a	61698
district under this chapter ~~and Chapter 3306. of the Revised Code~~	61699
shall be adjusted by the amount of the computations made under	61700
divisions (B) to ~~(N)~~(K) of this section. ~~The department of~~	61701
~~education shall not make payments or adjustments under divisions~~	61702
~~(B), (C), and (D) of this section for any fiscal year after fiscal~~	61703
~~year 2009.~~	61704

As used in this section:

61705

(1) ~~"Classroom teacher" means a licensed employee who~~	61706
~~provides direct instruction to pupils, excluding teachers funded~~	61707
~~from money paid to the district from federal sources; educational~~	61708
~~service personnel; and vocational and special education teachers.~~	61709

~~(2) "Educational service personnel" shall not include such~~	61710
~~specialists funded from money paid to the district from federal~~	61711
~~sources or assigned full-time to vocational or special education~~	61712
~~students and classes and may only include those persons employed~~	61713
~~in the eight specialist areas in a pattern approved by the~~	61714
~~department of education under guidelines established by the state~~	61715
~~board of education.~~	61716

~~(3) "Annual salary" means the annual base salary stated in~~	61717
~~the state minimum salary schedule for the performance of the~~	61718
~~teacher's regular teaching duties that the teacher earns for~~	61719
~~services rendered for the first full week of October of the fiscal~~	61720
~~year for which the adjustment is made under division (C) of this~~	61721
~~section. It shall not include any salary payments for supplemental~~	61722
~~teachers contracts.~~	61723

~~(4) "Regular student population" means the formula ADM plus~~	61724
~~the number of students reported as enrolled in the district~~	61725
~~pursuant to division (A)(1) of section 3313.981 of the Revised~~	61726
~~Code; minus the number of students reported under division (A)(2)~~	61727
~~of section 3317.03 of the Revised Code; minus the FTE of students~~	61728
~~reported under division (B)(6), (7), (8), (9), (10), (11), or (12)~~	61729
~~of that section who are enrolled in a vocational education class~~	61730
~~or receiving special education; and minus twenty per cent of the~~	61731
~~students enrolled concurrently in a joint vocational school~~	61732
~~district.~~	61733

~~(5)~~ "VEPD" means a school district or group of school	61734
districts designated by the department of education as being	61735
responsible for the planning for and provision of vocational	61736
education services to students within the district or group.	61737

~~(6)~~(2) "Lead district" means a school district, including a	61738
joint vocational school district, designated by the department as	61739
a VEPD, or designated to provide primary vocational education	61740
leadership within a VEPD composed of a group of districts.	61741

(B) ~~If the district employs less than one full-time~~	61742
~~equivalent classroom teacher for each twenty-five pupils in the~~	61743
~~regular student population in any school district, deduct the sum~~	61744
~~of the amounts obtained from the following computations:~~	61745

~~(1) Divide the number of the district's full-time equivalent~~	61746
~~classroom teachers employed by one twenty-fifth;~~	61747

~~(2) Subtract the quotient in (1) from the district's regular~~	61748
~~student population;~~	61749

~~(3) Multiply the difference in (2) by seven hundred fifty-two~~	61750
~~dollars.~~	61751

~~(C) If a positive amount, add one-half of the amount obtained~~	61752
~~by multiplying the number of full-time equivalent classroom~~	61753
~~teachers by:~~	61754

~~(1) The mean annual salary of all full-time equivalent~~	61755
~~classroom teachers employed by the district at their respective~~	61756
~~training and experience levels minus;~~	61757

~~(2) The mean annual salary of all such teachers at their~~	61758
~~respective levels in all school districts receiving payments under~~	61759
~~this section.~~	61760

~~The number of full-time equivalent classroom teachers used in~~	61761
~~this computation shall not exceed one twenty-fifth of the~~	61762
~~district's regular student population. In calculating the~~	61763
~~district's mean salary under this division, those full-time~~	61764
~~equivalent classroom teachers with the highest training level~~	61765
~~shall be counted first, those with the next highest training level~~	61766
~~second, and so on, in descending order. Within the respective~~	61767
~~training levels, teachers with the highest years of service shall~~	61768
~~be counted first, the next highest years of service second, and so~~	61769
~~on, in descending order.~~	61770

~~(D) This division does not apply to a school district that~~	61771
~~has entered into an agreement under division (A) of section~~	61772
~~3313.42 of the Revised Code. Deduct the amount obtained from the~~	61773
~~following computations if the district employs fewer than five~~	61774
~~full-time equivalent educational service personnel, including~~	61775
~~elementary school art, music, and physical education teachers,~~	61776
~~counselors, librarians, visiting teachers, school social workers,~~	61777
~~and school nurses for each one thousand pupils in the regular~~	61778
~~student population:~~	61779

~~(1) Divide the number of full-time equivalent educational~~	61780
~~service personnel employed by the district by five~~	61781
~~one-thousandths;~~	61782

~~(2) Subtract the quotient in (1) from the district's regular~~	61783
~~student population;~~	61784

~~(3) Multiply the difference in (2) by ninety-four dollars.~~

61785

~~(E)~~ If a local school district, or a city or exempted village	61786
school district to which a governing board of an educational	61787
service center provides services pursuant to section 3313.843 of	61788
the Revised Code, deduct the amount of the payment required for	61789
the reimbursement of the governing board under section 3317.11 of	61790
the Revised Code.	61791

~~(F)~~(C)(1) If the district is required to pay to or entitled	61792
to receive tuition from another school district under division	61793
(C)(2) or (3) of section 3313.64 or section 3313.65 of the Revised	61794
Code, or if the superintendent of public instruction is required	61795
to determine the correct amount of tuition and make a deduction or	61796
credit under section 3317.08 of the Revised Code, deduct and	61797
credit such amounts as provided in division (J) of section 3313.64	61798
or section 3317.08 of the Revised Code.	61799

(2) For each child for whom the district is responsible for	61800
tuition or payment under division (A)(1) of section 3317.082 or	61801
section 3323.091 of the Revised Code, deduct the amount of tuition	61802
or payment for which the district is responsible.	61803

~~(G)~~(D) If the district has been certified by the	61804
superintendent of public instruction under section 3313.90 of the	61805
Revised Code as not in compliance with the requirements of that	61806
section, deduct an amount equal to ten per cent of the amount	61807
computed for the district under ~~Chapter 3306. of the Revised Code~~	61808
this chapter.	61809

~~(H)~~(E) If the district has received a loan from a commercial	61810
lending institution for which payments are made by the	61811
superintendent of public instruction pursuant to division (E)(3)	61812
of section 3313.483 of the Revised Code, deduct an amount equal to	61813
such payments.	61814

~~(I)~~(F)(1) If the district is a party to an agreement entered	61815
into under division (D), (E), or (F) of section 3311.06 or	61816
division (B) of section 3311.24 of the Revised Code and is	61817
obligated to make payments to another district under such an	61818
agreement, deduct an amount equal to such payments if the district	61819
school board notifies the department in writing that it wishes to	61820
have such payments deducted.	61821

(2) If the district is entitled to receive payments from	61822
another district that has notified the department to deduct such	61823
payments under division ~~(I)~~(F)(1) of this section, add the amount	61824
of such payments.	61825

~~(J)~~(G) If the district is required to pay an amount of funds	61826
to a cooperative education district pursuant to a provision	61827
described by division (B)(4) of section 3311.52 or division (B)(8)	61828
of section 3311.521 of the Revised Code, deduct such amounts as	61829
provided under that provision and credit those amounts to the	61830
cooperative education district for payment to the district under	61831
division (B)(1) of section 3317.19 of the Revised Code.	61832

~~(K)~~(H)(1) If a district is educating a student entitled to	61833
attend school in another district pursuant to a shared education	61834
contract, compact, or cooperative education agreement other than	61835
an agreement entered into pursuant to section 3313.842 of the	61836
Revised Code, credit to that educating district on an FTE basis	61837
both of the following:	61838

(a) An amount equal to the formula amount.

61839

(b) An amount equal to ~~the current formula amount~~$5,732	61840
times the state share percentage times any multiple applicable to	61841
the student for fiscal year 2009 pursuant to section ~~3306.11~~	61842
3317.013 or 3317.014 of the Revised Code, as those sections	61843
existed for that fiscal year.	61844

(2) Deduct any amount credited pursuant to division ~~(K)~~(H)(1)	61845
of this section from amounts paid to the school district in which	61846
the student is entitled to attend school pursuant to section	61847
3313.64 or 3313.65 of the Revised Code.	61848

(3) If the district is required by a shared education	61849
contract, compact, or cooperative education agreement to make	61850
payments to an educational service center, deduct the amounts from	61851
payments to the district and add them to the amounts paid to the	61852
service center pursuant to section 3317.11 of the Revised Code.	61853

~~(L)~~(I)(1) If a district, including a joint vocational school	61854
district, is a lead district of a VEPD, credit to that district	61855
the following amounts calculated for all the school districts	61856
within that VEPD ~~pursuant to~~:	61857

(a) In any fiscal year except fiscal year 2012 or 2013, the	61858
amount computed under division ~~(E)~~(D)(2) of section 3317.022 of	61859
the Revised Code.;	61860

(b) In fiscal years 2012 and 2013, an amount equal to the	61861
following:	61862

state share percentage X .05 X $5,732 X	61863

the sum of categories one	61864

and two vocational education ADM	61865

(2) Deduct from each appropriate district that is not a lead	61866
district, the amount attributable to that district that is	61867
credited to a lead district under division ~~(L)~~(I)(1) of this	61868
section.	61869

~~(M)~~(J) If the department pays a joint vocational school	61870
district under division (G)(4) of section 3317.16 of the Revised	61871
Code for excess costs of providing special education and related	61872
services to a student with a disability, as calculated under	61873
division (G)(2) of that section, the department shall deduct the	61874
amount of that payment from the city, local, or exempted village	61875
school district that is responsible as specified in that section	61876
for the excess costs.	61877

~~(N)~~(K)(1) If the district reports an amount of excess cost	61878
for special education services for a child under division (C) of	61879
section 3323.14 of the Revised Code, the department shall pay that	61880
amount to the district.	61881

(2) If the district reports an amount of excess cost for	61882
special education services for a child under division (C) of	61883
section 3323.14 of the Revised Code, the department shall deduct	61884
that amount from the district of residence of that child.	61885

Sec. 3317.024. The following shall be distributed monthly,	61886
quarterly, or annually as may be determined by the state board of	61887
education~~, except that the department of education shall not make~~	61888
~~payments under divisions (F) and (N) of this section for any~~	61889
~~fiscal year after fiscal year 2009 or under division (L) of this~~	61890
~~section for fiscal year 2010 or 2011~~:	61891

(A) An amount for each island school district and each joint	61892
state school district for the operation of each high school and	61893
each elementary school maintained within such district and for	61894
capital improvements for such schools. Such amounts shall be	61895
determined on the basis of standards adopted by the state board of	61896
education. However, for fiscal years 2012 and 2013, an island	61897
district shall receive the lesser of its actual cost of operation,	61898
as certified to the department of education, or ninety-three per	61899
cent of the amount the district received in state operating	61900
funding for fiscal year 2011. If an island district received no	61901
funding for fiscal year 2011, it shall receive no funding for	61902
either of fiscal year 2012 or 2013.	61903

(B) ~~An amount for each school district operating classes for~~	61904
~~children of migrant workers who are unable to be in attendance in~~	61905
~~an Ohio school during the entire regular school year. The amounts~~	61906
~~shall be determined on the basis of standards adopted by the state~~	61907
~~board of education, except that payment shall be made only for~~	61908
~~subjects regularly offered by the school district providing the~~	61909
~~classes.~~	61910

~~(C) An amount for each school district with guidance,~~	61911
~~testing, and counseling programs approved by the state board of~~	61912
~~education. The amount shall be determined on the basis of~~	61913
~~standards adopted by the state board of education.~~	61914

~~(D) An amount for the emergency purchase of school buses as~~	61915
~~provided for in section 3317.07 of the Revised Code;~~	61916

~~(E)~~ An amount for each school district required to pay	61917
tuition for a child in an institution maintained by the department	61918
of youth services pursuant to section 3317.082 of the Revised	61919
Code, provided the child was not included in the calculation of	61920
the district's average daily membership for the preceding school	61921
year.	61922

~~(F) An amount for adult basic literacy education for each~~	61923
~~district participating in programs approved by the state board of~~	61924
~~education. The amount shall be determined on the basis of~~	61925
~~standards adopted by the state board of education.~~	61926

~~(G)~~(C) An amount for the approved cost of transporting	61927
eligible pupils with disabilities attending a special education	61928
program approved by the department of education whom it is	61929
impossible or impractical to transport by regular school bus in	61930
the course of regular route transportation provided by the school	61931
district or educational service center. No district or service	61932
center is eligible to receive a payment under this division for	61933
the cost of transporting any pupil whom it transports by regular	61934
school bus and who is included in the district's transportation	61935
ADM. The state board of education shall establish standards and	61936
guidelines for use by the department of education in determining	61937
the approved cost of such transportation for each district or	61938
service center.	61939

~~(H)~~(D) An amount to each school district, including each	61940
cooperative education school district, pursuant to section 3313.81	61941
of the Revised Code to assist in providing free lunches to needy	61942
children ~~and an amount to assist needy school districts in~~	61943
~~purchasing necessary equipment for food preparation~~. The amounts	61944
shall be determined on the basis of rules adopted by the state	61945
board of education.	61946

~~(I)~~(E) An amount to each school district, for each pupil	61947
attending a chartered nonpublic elementary or high school within	61948
the district. The amount shall equal the amount appropriated for	61949
the implementation of section 3317.06 of the Revised Code divided	61950
by the average daily membership in grades kindergarten through	61951
twelve in nonpublic elementary and high schools within the state	61952
as determined during the first full week in October of each school	61953
year.	61954

~~(J)~~(F) An amount for each county DD board, distributed on the	61955
basis of standards adopted by the state board of education, for	61956
the approved cost of transportation required for children	61957
attending special education programs operated by the county DD	61958
board under section 3323.09 of the Revised Code;	61959

~~(K) An amount for each school district that establishes a~~	61960
~~mentor teacher program that complies with rules of the state board~~	61961
~~of education. No school district shall be required to establish or~~	61962
~~maintain such a program in any year unless sufficient funds are~~	61963
~~appropriated to cover the district's total costs for the program.~~	61964

~~(L) An amount to each school district or educational service~~	61965
~~center for the total number of gifted units approved pursuant to~~	61966
~~section 3317.05 of the Revised Code. The amount for each such unit~~	61967
~~shall be the sum of the minimum salary for the teacher of the~~	61968
~~unit, calculated on the basis of the teacher's training level and~~	61969
~~years of experience pursuant to the salary schedule prescribed in~~	61970
~~the version of section 3317.13 of the Revised Code in effect prior~~	61971
~~to July 1, 2001, plus fifteen per cent of that minimum salary~~	61972
~~amount, plus two thousand six hundred seventy-eight dollars.~~	61973

~~(M)~~(G) An amount to each institution defined under section	61974
3317.082 of the Revised Code providing elementary or secondary	61975
education to children other than children receiving special	61976
education under section 3323.091 of the Revised Code. This amount	61977
for any institution in any fiscal year shall equal the total of	61978
all tuition amounts required to be paid to the institution under	61979
division (A)(1) of section 3317.082 of the Revised Code.	61980

~~(N) A grant to each school district and joint vocational~~	61981
~~school district that operates a "graduation, reality, and~~	61982
~~dual-role skills" (GRADS) program for pregnant and parenting~~	61983
~~students that is approved by the department. The amount of the~~	61984
~~payment shall be the district's state share percentage, as defined~~	61985
~~in section 3317.022 or 3317.16 of the Revised Code, times the~~	61986
~~GRADS personnel allowance times the full-time-equivalent number of~~	61987
~~GRADS teachers approved by the department. The GRADS personnel~~	61988
~~allowance is $47,555 in fiscal years 2008 and 2009. The GRADS~~	61989
~~program shall include instruction on adoption as an option for~~	61990
~~unintended pregnancies.~~	61991

The state board of education or any other board of education	61992
or governing board may provide for any resident of a district or	61993
educational service center territory any educational service for	61994
which funds are made available to the board by the United States	61995
under the authority of public law, whether such funds come	61996
directly or indirectly from the United States or any agency or	61997
department thereof or through the state or any agency, department,	61998
or political subdivision thereof.	61999

Sec. 3317.025. On or before the first day of June of each	62000
year, the tax commissioner shall certify the following information	62001
to the department of education and the office of budget and	62002
management, for each school district in which the value of the	62003
property described under division (A) of this section exceeds one	62004
per cent of the taxable value of all real and tangible personal	62005
property in the district or in which is located tangible personal	62006
property designed for use or used in strip mining operations,	62007
whose taxable value exceeds five million dollars, and the taxes	62008
upon which the district is precluded from collecting by virtue of	62009
legal proceedings to determine the value of such property:	62010

(A) The total taxable value of all property in the district	62011
owned by a public utility or railroad that has filed a petition	62012
for reorganization under the "Bankruptcy Act," 47 Stat. 1474	62013
(1898), 11 U.S.C. 205, as amended, and all tangible personal	62014
property in the district designed for use or used in strip mining	62015
operations whose taxable value exceeds five million dollars upon	62016
which have not been paid in full on or before the first day of	62017
April of that calendar year all real and tangible personal	62018
property taxes levied for the preceding calendar year and which	62019
the district was precluded from collecting by virtue of	62020
proceedings under section 205 of said act or by virtue of legal	62021
proceedings to determine the tax liability of such strip mining	62022
equipment;	62023

(B) The percentage of the total operating taxes charged and	62024
payable for school district purposes levied against such valuation	62025
for the preceding calendar year that have not been paid by such	62026
date;	62027

(C) The product obtained by multiplying the value certified	62028
under division (A) of this section by the percentage certified	62029
under division (B) of this section. If the value certified under	62030
division (A) of this section includes taxable property owned by a	62031
public utility or railroad that has filed a petition for	62032
reorganization under the bankruptcy act, the amount used in making	62033
the calculation under this division shall be reduced by one per	62034
cent of the total value of all real and tangible personal property	62035
in the district or the value of the utility's or railroad's	62036
property, whichever is less.	62037

Upon receipt of the certification, the department shall	62038
recompute the payments required under ~~Chapter 3306. of the~~	62039
~~Revised Code~~this chapter in the manner the payments would have	62040
been computed if:	62041

(1) The amount certified under division (C) of this section	62042
was not subject to taxation by the district and was not included	62043
in the certification made under division (A)(1), (A)(2), or (D) of	62044
section 3317.021 of the Revised Code.	62045

(2) The amount of taxes charged and payable and unpaid and	62046
used to make the computation under division (B) of this section	62047
had not been levied and had not been used in the computation	62048
required by division (B) of section 3317.021 of the Revised Code.	62049
The department shall pay the district that amount in the ensuing	62050
fiscal year in lieu of the amounts computed under ~~Chapter 3306. of~~	62051
~~the Revised Code~~this chapter.	62052

If a school district received a grant from the catastrophic	62053
expenditures account pursuant to division (C) of section 3316.20	62054
of the Revised Code on the basis of the same circumstances for	62055
which a recomputation is made under this section, the amount of	62056
the recomputation shall be reduced and transferred in accordance	62057
with division (C) of section 3316.20 of the Revised Code.	62058

Sec. 3317.0210. (A) As used in this section:

62059

(1) "Bankruptcy Reform Act" means the "Bankruptcy Reform Act	62060
of 1978," 92 Stat. 2558, 11 U.S.C. 301, as amended.	62061

(2) "Chapter 11 corporation" means a corporation, company, or	62062
other business organization that has filed a petition for	62063
reorganization under Chapter 11 of the "Bankruptcy Reform Act," 92	62064
Stat. 2626, 11 U.S.C. 1101, as amended.	62065

(3) "Uncollectable taxes" means property taxes payable in a	62066
calendar year by a Chapter 11 corporation on its property that a	62067
school district is precluded from collecting by virtue of	62068
proceedings under the Bankruptcy Reform Act.	62069

(4) "Basic state aid" means ~~the~~a school district's state	62070
education aid ~~calculated for a school district under Chapter 3306.~~	62071
~~of the Revised Code~~.	62072

(5) "Effective value" means the amount obtained by	62073
multiplying the total taxable value certified in a calendar year	62074
under section 3317.021 of the Revised Code by a fraction, the	62075
numerator of which is the total taxes charged and payable in that	62076
calendar year exclusive of the uncollectable taxes payable in that	62077
year, and the denominator of which is the total taxes charged and	62078
payable in that year.	62079

(6) "Total taxes charged and payable" has the same meaning	62080
given "taxes charged and payable" in section 3317.02 of the	62081
Revised Code.	62082

(B)(1) Between the first day of January and the first day of	62083
February of any year, a school district shall notify the	62084
department of education if it has uncollectable taxes payable in	62085
the preceding calendar year from one Chapter 11 corporation.	62086

(2) The department shall verify whether the district has such	62087
uncollectable taxes from such a corporation, and if the district	62088
does, shall immediately request the tax commissioner to certify	62089
the district's total taxes charged and payable in the preceding	62090
calendar year, and the tax commissioner shall certify that	62091
information to the department within thirty days after receiving	62092
the request. For the purposes of this section, taxes are payable	62093
in the calendar year that includes the day prescribed by law for	62094
their payment, including any lawful extension thereof.	62095

(C) Upon receiving the certification from the tax	62096
commissioner, the department shall determine whether the amount of	62097
uncollectable taxes from the corporation equals at least one per	62098
cent of the total taxes charged and payable as certified by the	62099
tax commissioner. If it does, the department shall compute the	62100
district's effective value and shall recompute the basic state aid	62101
payable to the district for the current fiscal year using the	62102
effective value in lieu of the total taxable value used to compute	62103
the basic state aid for the current fiscal year. The difference	62104
between the basic state aid amount originally computed for the	62105
district for the current fiscal year and the recomputed amount	62106
shall be paid to the district from the lottery profits education	62107
fund before the end of the current fiscal year.	62108

(D) Except as provided in division (E) of this section,	62109
amounts received by a school district under division (C) of this	62110
section shall be repaid to the department of education in any	62111
future year to the extent the district receives payments of	62112
uncollectable taxes in such future year. The district shall notify	62113
the department of any amount owed under this division.	62114

(E) If a school district received a grant from the	62115
catastrophic expenditures account pursuant to division (C) of	62116
section 3316.20 of the Revised Code on the basis of the same	62117
circumstances for which a recomputation is made under this	62118
section, the amount of the recomputation shall be reduced and	62119
transferred in accordance with division (C) of section 3316.20 of	62120
the Revised Code.	62121

Sec. 3317.0211. (A) As used in this section:

62122

(1) "Port authority" means any port authority as defined in	62123
section 4582.01 or 4582.21 of the Revised Code.	62124

(2) "Real property" includes public utility real property and	62125
"personal property" includes public utility personal property.	62126

(3) "Uncollected taxes" means property taxes charged and	62127
payable against the property of a port authority for a tax year	62128
that a school district has not collected.	62129

(4) "Basic state aid" means ~~the~~a school district's state	62130
education aid ~~calculated for a school district under Chapter 3306.~~	62131
~~of the Revised Code~~.	62132

(5) "Effective value" means the sum of the effective	62133
residential/agricultural real property value, the effective	62134
nonresidential/agricultural real property value, and the effective	62135
personal value.	62136

(6) "Effective residential/agricultural real property value"	62137
means, for a tax year, the amount obtained by multiplying the	62138
value for that year of residential/agricultural real property	62139
subject to taxation in the district by a fraction, the numerator	62140
of which is the total taxes charged and payable for that year	62141
against the residential/agricultural real property subject to	62142
taxation in the district, exclusive of the uncollected taxes for	62143
that year on all real property subject to taxation in the	62144
district, and the denominator of which is the total taxes charged	62145
and payable for that year against the residential/agricultural	62146
real property subject to taxation in the district.	62147

(7) "Effective nonresidential/agricultural real property	62148
value" means, for a tax year, the amount obtained by multiplying	62149
the value for that year of nonresidential/agricultural real	62150
property subject to taxation in the district by a fraction, the	62151
numerator of which is the total taxes charged and payable for that	62152
year against the nonresidential/agricultural real property subject	62153
to taxation in the district, exclusive of the uncollected taxes	62154
for that year on all real property subject to taxation in the	62155
district, and the denominator of which is the total taxes charged	62156
and payable for that year against the nonresidential/agricultural	62157
real property subject to taxation in the district.	62158

(8) "Effective personal value" means, for a tax year, the	62159
amount obtained by multiplying the value for that year certified	62160
under division (A)(2) of section 3317.021 of the Revised Code by a	62161
fraction, the numerator of which is the total taxes charged and	62162
payable for that year against personal property subject to	62163
taxation in the district, exclusive of the uncollected taxes for	62164
that year on that property, and the denominator of which is the	62165
total taxes charged and payable for that year against personal	62166
property subject to taxation in the district.	62167

(9) "Nonresidential/agricultural real property value" means,	62168
for a tax year, the sum of the values certified for a school	62169
district for that year under division (B)(2)(a) of this section,	62170
and "residential/agricultural real property value" means, for a	62171
tax year, the sum of the values certified for a school district	62172
under division (B)(2)(b) of this section.	62173

(10) "Taxes charged and payable against real property" means	62174
the taxes charged and payable against that property after making	62175
the reduction required by section 319.301 of the Revised Code.	62176

(11) "Total taxes charged and payable" has the same meaning	62177
given "taxes charged and payable" in section 3317.02 of the	62178
Revised Code.	62179

(B)(1) By the first day of August of any calendar year, a	62180
school district shall notify the department of education if it has	62181
any uncollected taxes from one port authority for the second	62182
preceding tax year whose taxes charged and payable represent at	62183
least one-half of one per cent of the district's total taxes	62184
charged and payable for that tax year.	62185

(2) The department shall verify whether the district has such	62186
uncollected taxes by the first day of September, and if the	62187
district does, shall immediately request the county auditor of	62188
each county in which the school district has territory to certify	62189
the following information concerning the district's property	62190
values and taxes for the second preceding tax year, and each such	62191
auditor shall certify that information to the department within	62192
thirty days of receiving the request:	62193

(a) The value of the property subject to taxation in the	62194
district that was classified as nonresidential/agricultural real	62195
property pursuant to section 5713.041 of the Revised Code, and the	62196
taxes charged and payable on that property; and	62197

(b) The value of the property subject to taxation in the	62198
district that was classified as residential/agricultural real	62199
property under section 5713.041 of the Revised Code.	62200

(C) By the fifteenth day of November, the department shall	62201
compute the district's effective nonresidential/agricultural real	62202
property value, effective residential/agricultural real property	62203
value, effective personal value, and effective value, and shall	62204
determine whether the school district's effective value for the	62205
second preceding tax year is at least one per cent less than its	62206
total value for that year certified under divisions (A)(1) and (2)	62207
of section 3317.021 of the Revised Code. If it is, the department	62208
shall recompute the basic state aid payable to the district for	62209
the immediately preceding fiscal year using the effective value in	62210
lieu of the amounts previously certified under section 3317.021 of	62211
the Revised Code. The difference between the original basic state	62212
aid amount computed for the district for the preceding fiscal year	62213
and the recomputed amount shall be paid to the district from the	62214
lottery profits education fund before the end of the current	62215
fiscal year.	62216

(D) Except as provided in division (E) of this section,	62217
amounts received by a school district under division (C) of this	62218
section shall be repaid to the department of education in any	62219
future year to the extent the district receives payments of	62220
uncollectable taxes in such future year. The department shall	62221
notify a district of any amount owed under this division.	62222

(E) If a school district received a grant from the	62223
catastrophic expenditures account pursuant to division (C) of	62224
section 3316.20 of the Revised Code on the basis of the same	62225
circumstances for which a recomputation is made under this	62226
section, the amount of the recomputation shall be reduced and	62227
transferred in accordance with division (C) of section 3316.20 of	62228
the Revised Code.	62229

~~Sec. 3306.12.~~ Sec. 3317.0212. ~~(A)~~The department of education shall	62230
make no payments under this section for fiscal year 2012 or 2013.	62231

(A) As used in this section:

62232

(1) "Assigned bus" means a school bus used to transport	62233
qualifying riders.	62234

(2) "Nontraditional ridership" means the average number of	62235
qualifying riders who are enrolled in a community school	62236
established under Chapter 3314. of the Revised Code, in a STEM	62237
school established under Chapter 3326. of the Revised Code, or in	62238
a nonpublic school and are provided school bus service by a school	62239
district during the first full week of October.	62240

(3) "Qualifying riders" means resident students enrolled in	62241
regular education in grades kindergarten to twelve who are	62242
provided school bus service by a school district and who live more	62243
than one mile from the school they attend, including students with	62244
dual enrollment in a joint vocational school district or a	62245
cooperative education school district, and students enrolled in a	62246
community school, STEM school, or nonpublic school.	62247

(4) "Qualifying ridership" means the average number of	62248
qualifying riders who are provided school bus service by a school	62249
district during the first full week of October.	62250

(5) "Rider density" means the number of qualifying riders per	62251
square mile of a school district.	62252

(6) "School bus service" means a school district's	62253
transportation of qualifying riders in any of the following types	62254
of vehicles:	62255

(a) School buses owned or leased by the district;

62256

(b) School buses operated by a private contractor hired by	62257
the district;	62258

(c) School buses operated by another school district or	62259
entity with which the district has contracted, either as part of a	62260
consortium for the provision of transportation or otherwise.	62261

(B) Not later than the fifteenth day of October each year,	62262
each city, local, and exempted village school district shall	62263
report to the department of education its qualifying ridership,	62264
nontraditional ridership, number of qualifying riders per assigned	62265
bus, and any other information requested by the department.	62266
Subsequent adjustments to the reported numbers shall be made only	62267
in accordance with rules adopted by the department.	62268

(C) The department shall calculate the statewide	62269
transportation cost per student as follows:	62270

(1) Determine each city, local, and exempted village school	62271
district's transportation cost per student by dividing the	62272
district's total costs for school bus service in the previous	62273
fiscal year by its qualifying ridership in the previous fiscal	62274
year.	62275

(2) After excluding districts that do not provide school bus	62276
service and the ten districts with the highest transportation	62277
costs per student and the ten districts with the lowest	62278
transportation costs per student, divide the aggregate cost for	62279
school bus service for the remaining districts in the previous	62280
fiscal year by the aggregate qualifying ridership of those	62281
districts in the previous fiscal year.	62282

(D) The department shall calculate the statewide	62283
transportation cost per mile as follows:	62284

(1) Determine each city, local, and exempted village school	62285
district's transportation cost per mile by dividing the district's	62286
total costs for school bus service in the previous fiscal year by	62287
its total number of miles driven for school bus service in the	62288
previous fiscal year.	62289

(2) After excluding districts that do not provide school bus	62290
service and the ten districts with the highest transportation	62291
costs per mile and the ten districts with the lowest	62292
transportation costs per mile, divide the aggregate cost for	62293
school bus service for the remaining districts in the previous	62294
fiscal year by the aggregate miles driven for school bus service	62295
in those districts in the previous fiscal year.	62296

(E) The department shall calculate each city, local, and	62297
exempted village school district's transportation base payment as	62298
follows:	62299

(1) Multiply the statewide transportation cost per student by	62300
the district's qualifying ridership for the current fiscal year.	62301

(2) Multiply the statewide transportation cost per mile by	62302
the district's total number of miles driven for school bus service	62303
in the current fiscal year.	62304

(3) Multiply the greater of the amounts calculated under	62305
divisions (E)(1) and (2) of this section by the greater of sixty	62306
per cent or the district's state share percentage, as defined in	62307
section 3317.02 of the Revised Code.	62308

(F) The department shall calculate each city, local, and	62309
exempted village school district's nontraditional ridership	62310
adjustment according to the following formula:	62311

(nontraditional ridership for the current fiscal year /	62312

qualifying ridership for the current fiscal year) X 0.1 X	62313

transportation base payment	62314

(G) If a city, local, ~~and~~or exempted village school district	62315
offers school bus service to all resident students who are	62316
enrolled in regular education in district schools in grades nine	62317
to twelve and who live more than one mile from the school they	62318
attend, the department shall calculate the district's high school	62319
ridership adjustment according to the following formula:	62320

0.025 X transportation base payment	62321

(H) If a city, local, ~~and~~or exempted village school district	62322
offers school bus service to students enrolled in grades	62323
kindergarten to eight who live more than one mile, but two miles	62324
or less, from the school they attend, the department shall	62325
calculate an additional adjustment according to the following	62326
formula:	62327

0.025 X transportation base payment	62328

(I)(1) The department annually shall establish a target	62329
number of qualifying riders per assigned bus for each city, local,	62330
and exempted village school district. The department shall use the	62331
most recently available data in establishing the target number.	62332
The target number shall be based on the statewide median number of	62333
qualifying riders per assigned bus as adjusted to reflect the	62334
district's rider density in comparison to the rider density of all	62335
other districts. The department shall post on the department's web	62336
site each district's target number of qualifying riders per	62337
assigned bus and a description of how the target number was	62338
determined.	62339

(2) The department shall determine each school district's	62340
efficiency index by dividing the district's median number of	62341
qualifying riders per assigned bus by its target number of	62342
qualifying riders per assigned bus.	62343

(3) The department shall determine each city, local, and	62344
exempted village school district's efficiency adjustment as	62345
follows:	62346

(a) If the district's efficiency index is equal to or greater	62347
than 1.5, the efficiency adjustment shall be calculated according	62348
to the following formula:	62349

0.1 X transportation base payment	62350

(b) If the district's efficiency index is less than 1.5 but	62351
equal to or greater than 1.0, the efficiency adjustment shall be	62352
calculated according to the following formula:	62353

[(efficiency index – 1) / 5] X transportation base payment	62354

(c) If the district's efficiency index is less than 1.0, the	62355
efficiency adjustment shall be zero.	62356

(J) The department shall pay each city, local, and exempted	62357
village school district the lesser of the following:	62358

(1) The sum of the amounts calculated under divisions (E) to	62359
(H) and (I)(3) of this section;	62360

(2) The district's total costs for school bus service for the	62361
prior fiscal year.	62362

(K) In addition to funds paid under division (J) of this	62363
section, each city, local, and exempted village district shall	62364
receive in accordance with rules adopted by the state board of	62365
education a payment for students transported by means other than	62366
school bus service and whose transportation is not funded under	62367
division ~~(G)~~(C) of section 3317.024 of the Revised Code. The rules	62368
shall include provisions for school district reporting of such	62369
students.	62370

~~(L)(1) In fiscal years 2010 and 2011, the department shall~~	62371
~~pay each district a pro rata portion of the amounts calculated~~	62372
~~under division (J) of this section and described in division (K)~~	62373
~~of this section, based on state appropriations.~~	62374

~~(2) In addition to the prorated payment under division (L)(1)~~	62375
~~of this section, in fiscal years 2010 and 2011, the department~~	62376
~~shall pay each school district that meets the conditions~~	62377
~~prescribed in division (L)(3) of this section an additional amount~~	62378
~~equal to the following product:~~	62379

~~(a) The difference of (i) the amounts calculated under~~	62380
~~division (J) of this section and prescribed in division (K) of~~	62381
~~this section minus (ii) that prorated payment; times~~	62382

~~(b) 0.30 in fiscal year 2010 and 0.70 in fiscal year 2011.~~

62383

~~(3) Division (L)(2) of this section applies to each school~~	62384
~~district that meets all of the following conditions:~~	62385

~~(a) The district qualifies for the calculation of a payment~~	62386
~~under division (J) of this section because it transports students~~	62387
~~on board-owned or contractor-owned school buses.~~	62388

~~(b) The district's local wealth per pupil, calculated as~~	62389
~~prescribed in section 3317.0217 of the Revised Code, is at or~~	62390
~~below the median local wealth per pupil of all districts that~~	62391
~~qualify for calculation of a payment under division (J) of this~~	62392
~~section.~~	62393

~~(c) The district's rider density is at or below the median~~	62394
~~rider density of all districts that qualify for calculation of a~~	62395
~~payment under division (J) of this section.~~	62396

Sec. 3317.03. ~~The information certified and verified under~~	62397
~~this section shall be used to calculate payments under this~~	62398
~~chapter and Chapter 3306. of the Revised Code.~~	62399

(A) The superintendent of each city, local, and exempted	62400
village school district and of each educational service center	62401
shall, for the schools under the superintendent's supervision,	62402
certify to the state board of education on or before the fifteenth	62403
day of October in each year for the first full school week in	62404
October the average daily membership of students receiving	62405
services from schools under the superintendent's supervision, and	62406
the numbers of other students entitled to attend school in the	62407
district under section 3313.64 or 3313.65 of the Revised Code the	62408
superintendent is required to report under this section, so that	62409
the department of education can calculate the district's formula	62410
ADM. If a school under the superintendent's supervision is closed	62411
for one or more days during that week due to hazardous weather	62412
conditions or other circumstances described in the first paragraph	62413
of division (B) of section 3317.01 of the Revised Code, the	62414
superintendent may apply to the superintendent of public	62415
instruction for a waiver, under which the superintendent of public	62416
instruction may exempt the district superintendent from certifying	62417
the average daily membership for that school for that week and	62418
specify an alternate week for certifying the average daily	62419
membership of that school.	62420

The average daily membership during such week shall consist	62421
of the sum of the following:	62422

(1) On an FTE basis, the number of students in grades	62423
kindergarten through twelve receiving any educational services	62424
from the district, except that the following categories of	62425
students shall not be included in the determination:	62426

(a) Students enrolled in adult education classes;

62427

(b) Adjacent or other district students enrolled in the	62428
district under an open enrollment policy pursuant to section	62429
3313.98 of the Revised Code;	62430

(c) Students receiving services in the district pursuant to a	62431
compact, cooperative education agreement, or a contract, but who	62432
are entitled to attend school in another district pursuant to	62433
section 3313.64 or 3313.65 of the Revised Code;	62434

(d) Students for whom tuition is payable pursuant to sections	62435
3317.081 and 3323.141 of the Revised Code;	62436

(e) Students receiving services in the district through a	62437
scholarship awarded under either section 3310.41 or sections	62438
3310.51 to 3310.64 of the Revised Code.	62439

(2) On an FTE basis, the number of students entitled to	62440
attend school in the district pursuant to section 3313.64 or	62441
3313.65 of the Revised Code, but receiving educational services in	62442
grades kindergarten through twelve from one or more of the	62443
following entities:	62444

(a) A community school pursuant to Chapter 3314. of the	62445
Revised Code, including any participation in a college pursuant to	62446
Chapter 3365. of the Revised Code while enrolled in such community	62447
school;	62448

(b) An alternative school pursuant to sections 3313.974 to	62449
3313.979 of the Revised Code as described in division (I)(2)(a) or	62450
(b) of this section;	62451

(c) A college pursuant to Chapter 3365. of the Revised Code,	62452
except when the student is enrolled in the college while also	62453
enrolled in a community school pursuant to Chapter 3314. or a	62454
science, technology, engineering, and mathematics school	62455
established under Chapter 3326. of the Revised Code;	62456

(d) An adjacent or other school district under an open	62457
enrollment policy adopted pursuant to section 3313.98 of the	62458
Revised Code;	62459

(e) An educational service center or cooperative education	62460
district;	62461

(f) Another school district under a cooperative education	62462
agreement, compact, or contract;	62463

(g) A chartered nonpublic school with a scholarship paid	62464
under section 3310.08 of the Revised Code;	62465

(h) An alternative public provider or a registered private	62466
provider with a scholarship awarded under either section 3310.41	62467
or sections 3310.51 to 3310.64 of the Revised Code.	62468

As used in this section, "alternative public provider" and	62469
"registered private provider" have the same meanings as in section	62470
3310.41 or 3310.51 of the Revised Code, as applicable.	62471

(i) A science, technology, engineering, and mathematics	62472
school established under Chapter 3326. of the Revised Code,	62473
including any participation in a college pursuant to Chapter 3365.	62474
of the Revised Code while enrolled in the school;	62475

(j) A college-preparatory boarding school established under	62476
Chapter 3328. of the Revised Code.	62477

(3) The number of students enrolled in a joint vocational	62478
school district or under a vocational education compact, excluding	62479
any students entitled to attend school in the district under	62480
section 3313.64 or 3313.65 of the Revised Code who are enrolled in	62481
another school district through an open enrollment policy as	62482
reported under division (A)(2)(d) of this section and then enroll	62483
in a joint vocational school district or under a vocational	62484
education compact;	62485

(4) The number of children with disabilities, other than	62486
preschool children with disabilities, entitled to attend school in	62487
the district pursuant to section 3313.64 or 3313.65 of the Revised	62488
Code who are placed by the district with a county DD board, minus	62489
the number of such children placed with a county DD board in	62490
fiscal year 1998. If this calculation produces a negative number,	62491
the number reported under division (A)(4) of this section shall be	62492
zero.	62493

(B) To enable the department of education to obtain the data	62494
needed to complete the calculation of payments pursuant to this	62495
chapter ~~and Chapter 3306. of the Revised Code~~, in addition to the	62496
average daily membership, each superintendent shall report	62497
separately the following student counts for the same week for	62498
which average daily membership is certified:	62499

(1) The total average daily membership in regular learning	62500
day classes included in the report under division (A)(1) or (2) of	62501
this section for each of the individual grades kindergarten	62502
through twelve in schools under the superintendent's supervision;	62503

(2) The number of all preschool children with disabilities	62504
enrolled as of the first day of December in classes in the	62505
district that are eligible for approval under division (B) of	62506
section 3317.05 of the Revised Code and the number of those	62507
classes, which shall be reported not later than the fifteenth day	62508
of December, in accordance with rules adopted under that section;	62509

(3) The number of children entitled to attend school in the	62510
district pursuant to section 3313.64 or 3313.65 of the Revised	62511
Code who are:	62512

(a) Participating in a pilot project scholarship program	62513
established under sections 3313.974 to 3313.979 of the Revised	62514
Code as described in division (I)(2)(a) or (b) of this section;	62515

(b) Enrolled in a college under Chapter 3365. of the Revised	62516
Code, except when the student is enrolled in the college while	62517
also enrolled in a community school pursuant to Chapter 3314. or a	62518
science, technology, engineering, and mathematics school	62519
established under Chapter 3326. of the Revised Code;	62520

(c) Enrolled in an adjacent or other school district under	62521
section 3313.98 of the Revised Code;	62522

(d) Enrolled in a community school established under Chapter	62523
3314. of the Revised Code that is not an internet- or	62524
computer-based community school as defined in section 3314.02 of	62525
the Revised Code, including any participation in a college	62526
pursuant to Chapter 3365. of the Revised Code while enrolled in	62527
such community school;	62528

(e) Enrolled in an internet- or computer-based community	62529
school, as defined in section 3314.02 of the Revised Code,	62530
including any participation in a college pursuant to Chapter 3365.	62531
of the Revised Code while enrolled in the school;	62532

(f) Enrolled in a chartered nonpublic school with a	62533
scholarship paid under section 3310.08 of the Revised Code;	62534

(g) Enrolled in kindergarten through grade twelve in an	62535
alternative public provider or a registered private provider with	62536
a scholarship awarded under section 3310.41 of the Revised Code;	62537

(h) Enrolled as a preschool child with a disability in an	62538
alternative public provider or a registered private provider with	62539
a scholarship awarded under section 3310.41 of the Revised Code;	62540

(i) Participating in a program operated by a county DD board	62541
or a state institution;	62542

(j) Enrolled in a science, technology, engineering, and	62543
mathematics school established under Chapter 3326. of the Revised	62544
Code, including any participation in a college pursuant to Chapter	62545
3365. of the Revised Code while enrolled in the school;	62546

(k) Enrolled in a college-preparatory boarding school	62547
established under Chapter 3328. of the Revised Code.	62548

(4) The number of pupils enrolled in joint vocational	62549
schools;	62550

(5) The combined average daily membership of children with	62551
disabilities reported under division (A)(1) or (2) of this section	62552
receiving special education services for the category one	62553
disability described in division ~~(D)(1)~~(A) of section ~~3306.02~~	62554
3317.013 of the Revised Code, including children attending a	62555
special education program operated by an alternative public	62556
provider or a registered private provider with a scholarship	62557
awarded under sections 3310.51 to 3310.64 of the Revised Code;	62558

(6) The combined average daily membership of children with	62559
disabilities reported under division (A)(1) or (2) of this section	62560
receiving special education services for category two disabilities	62561
described in division ~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the	62562
Revised Code, including children attending a special education	62563
program operated by an alternative public provider or a registered	62564
private provider with a scholarship awarded under sections 3310.51	62565
to 3310.64 of the Revised Code;	62566

(7) The combined average daily membership of children with	62567
disabilities reported under division (A)(1) or (2) of this section	62568
receiving special education services for category three	62569
disabilities described in division ~~(D)(3)~~(C) of section ~~3306.02~~	62570
3317.013 of the Revised Code, including children attending a	62571
special education program operated by an alternative public	62572
provider or a registered private provider with a scholarship	62573
awarded under sections 3310.51 to 3310.64 of the Revised Code;	62574

(8) The combined average daily membership of children with	62575
disabilities reported under division (A)(1) or (2) of this section	62576
receiving special education services for category four	62577
disabilities described in division (D)~~(4)~~ of section ~~3306.02~~	62578
3317.013 of the Revised Code, including children attending a	62579
special education program operated by an alternative public	62580
provider or a registered private provider with a scholarship	62581
awarded under sections 3310.51 to 3310.64 of the Revised Code;	62582

(9) The combined average daily membership of children with	62583
disabilities reported under division (A)(1) or (2) of this section	62584
receiving special education services for the category five	62585
disabilities described in division ~~(D)(5)~~(E) of section ~~3306.02~~	62586
3317.013 of the Revised Code, including children attending a	62587
special education program operated by an alternative public	62588
provider or a registered private provider with a scholarship	62589
awarded under sections 3310.51 to 3310.64 of the Revised Code;	62590

(10) The combined average daily membership of children with	62591
disabilities reported under division (A)(1) or (2) and under	62592
division (B)(3)(h) of this section receiving special education	62593
services for category six disabilities described in division	62594
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code,	62595
including children attending a special education program operated	62596
by an alternative public provider or a registered private provider	62597
with a scholarship awarded under either section 3310.41 or	62598
sections 3310.51 to 3310.64 of the Revised Code;	62599

(11) The average daily membership of pupils reported under	62600
division (A)(1) or (2) of this section enrolled in category one	62601
vocational education programs or classes, described in division	62602
(A) of section 3317.014 of the Revised Code, operated by the	62603
school district or by another district, other than a joint	62604
vocational school district, or by an educational service center,	62605
excluding any student reported under division (B)(3)(e) of this	62606
section as enrolled in an internet- or computer-based community	62607
school, notwithstanding division (C) of section 3317.02 of the	62608
Revised Code and division (C)(3) of this section;	62609

(12) The average daily membership of pupils reported under	62610
division (A)(1) or (2) of this section enrolled in category two	62611
vocational education programs or services, described in division	62612
(B) of section 3317.014 of the Revised Code, operated by the	62613
school district or another school district, other than a joint	62614
vocational school district, or by an educational service center,	62615
excluding any student reported under division (B)(3)(e) of this	62616
section as enrolled in an internet- or computer-based community	62617
school, notwithstanding division (C) of section 3317.02 of the	62618
Revised Code and division (C)(3) of this section;	62619

Beginning with fiscal year 2010, vocational education ADM	62620
shall not be used to calculate a district's funding but shall be	62621
reported under divisions (B)(11) and (12) of this section for	62622
statistical purposes.	62623

(13) The average number of children transported by the school	62624
district on board-owned or contractor-owned and -operated buses,	62625
reported in accordance with rules adopted by the department of	62626
education;	62627

(14)(a) The number of children, other than preschool children	62628
with disabilities, the district placed with a county DD board in	62629
fiscal year 1998;	62630

(b) The number of children with disabilities, other than	62631
preschool children with disabilities, placed with a county DD	62632
board in the current fiscal year to receive special education	62633
services for the category one disability described in division	62634
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code;	62635

(c) The number of children with disabilities, other than	62636
preschool children with disabilities, placed with a county DD	62637
board in the current fiscal year to receive special education	62638
services for category two disabilities described in division	62639
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code;	62640

(d) The number of children with disabilities, other than	62641
preschool children with disabilities, placed with a county DD	62642
board in the current fiscal year to receive special education	62643
services for category three disabilities described in division	62644
~~(D)(3)~~(C) of section ~~3306.02~~3317.013 of the Revised Code;	62645

(e) The number of children with disabilities, other than	62646
preschool children with disabilities, placed with a county DD	62647
board in the current fiscal year to receive special education	62648
services for category four disabilities described in division	62649
(D)~~(4)~~ of section ~~3306.02~~3317.013 of the Revised Code;	62650

(f) The number of children with disabilities, other than	62651
preschool children with disabilities, placed with a county DD	62652
board in the current fiscal year to receive special education	62653
services for the category five disabilities described in division	62654
~~(D)(5)~~(E) of section ~~3306.02~~3317.013 of the Revised Code;	62655

(g) The number of children with disabilities, other than	62656
preschool children with disabilities, placed with a county DD	62657
board in the current fiscal year to receive special education	62658
services for category six disabilities described in division	62659
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code.	62660

(C)(1) The average daily membership in divisions (B)(1) to	62661
(12) of this section shall be based upon the number of full-time	62662
equivalent students. The state board of education shall adopt	62663
rules defining full-time equivalent students and for determining	62664
the average daily membership therefrom for the purposes of	62665
divisions (A), (B), and (D) of this section.	62666

(2) A student enrolled in a community school established	62667
under Chapter 3314. or, a science, technology, engineering, and	62668
mathematics school established under Chapter 3326., or a	62669
college-preparatory boarding school established under Chapter	62670
3328. of the Revised Code shall be counted in the formula ADM and,	62671
if applicable, the category one, two, three, four, five, or six	62672
special education ADM of the school district in which the student	62673
is entitled to attend school under section 3313.64 or 3313.65 of	62674
the Revised Code for the same proportion of the school year that	62675
the student is counted in the enrollment of the community school	62676
or, the science, technology, engineering, and mathematics school,	62677
or the college-preparatory boarding school for purposes of section	62678
3314.08 or, 3326.33, or 3328.24 of the Revised Code.	62679
Notwithstanding the number of students reported pursuant to	62680
division (B)(3)(d), (e), or (j), or (k) of this section, the	62681
department may adjust the formula ADM of a school district to	62682
account for students entitled to attend school in the district	62683
under section 3313.64 or 3313.65 of the Revised Code who are	62684
enrolled in a community school or, a science, technology,	62685
engineering, and mathematics school, or a college-preparatory	62686
boarding school for only a portion of the school year.	62687

(3) No child shall be counted as more than a total of one	62688
child in the sum of the average daily memberships of a school	62689
district under division (A), divisions (B)(1) to (12), or division	62690
(D) of this section, except as follows:	62691

(a) A child with a disability described in ~~division (D) of~~	62692
section ~~3306.02~~3317.013 of the Revised Code may be counted both	62693
in formula ADM and in category one, two, three, four, five, or six	62694
special education ADM and, if applicable, in category one or two	62695
vocational education ADM. As provided in division (C) of section	62696
3317.02 of the Revised Code, such a child shall be counted in	62697
category one, two, three, four, five, or six special education ADM	62698
in the same proportion that the child is counted in formula ADM.	62699

(b) A child enrolled in vocational education programs or	62700
classes described in section 3317.014 of the Revised Code may be	62701
counted both in formula ADM and category one or two vocational	62702
education ADM and, if applicable, in category one, two, three,	62703
four, five, or six special education ADM. Such a child shall be	62704
counted in category one or two vocational education ADM in the	62705
same proportion as the percentage of time that the child spends in	62706
the vocational education programs or classes.	62707

(4) Based on the information reported under this section, the	62708
department of education shall determine the total student count,	62709
as defined in section 3301.011 of the Revised Code, for each	62710
school district.	62711

(D)(1) The superintendent of each joint vocational school	62712
district shall certify to the superintendent of public instruction	62713
on or before the fifteenth day of October in each year for the	62714
first full school week in October the formula ADM, for purposes of	62715
section 3318.42 of the Revised Code and for any other purpose	62716
prescribed by law for which "formula ADM" of the joint vocational	62717
district is a factor. If a school operated by the joint vocational	62718
school district is closed for one or more days during that week	62719
due to hazardous weather conditions or other circumstances	62720
described in the first paragraph of division (B) of section	62721
3317.01 of the Revised Code, the superintendent may apply to the	62722
superintendent of public instruction for a waiver, under which the	62723
superintendent of public instruction may exempt the district	62724
superintendent from certifying the formula ADM for that school for	62725
that week and specify an alternate week for certifying the formula	62726
ADM of that school.	62727

The formula ADM, except as otherwise provided in this	62728
division, shall consist of the average daily membership during	62729
such week, on an FTE basis, of the number of students receiving	62730
any educational services from the district, including students	62731
enrolled in a community school established under Chapter 3314. or	62732
a science, technology, engineering, and mathematics school	62733
established under Chapter 3326. of the Revised Code who are	62734
attending the joint vocational district under an agreement between	62735
the district board of education and the governing authority of the	62736
community school or the governing body of the science, technology,	62737
engineering, and mathematics school and are entitled to attend	62738
school in a city, local, or exempted village school district whose	62739
territory is part of the territory of the joint vocational	62740
district.	62741

The following categories of students shall not be included in	62742
the determination made under division (D)(1) of this section:	62743

(a) Students enrolled in adult education classes;

62744

(b) Adjacent or other district joint vocational students	62745
enrolled in the district under an open enrollment policy pursuant	62746
to section 3313.98 of the Revised Code;	62747

(c) Students receiving services in the district pursuant to a	62748
compact, cooperative education agreement, or a contract, but who	62749
are entitled to attend school in a city, local, or exempted	62750
village school district whose territory is not part of the	62751
territory of the joint vocational district;	62752

(d) Students for whom tuition is payable pursuant to sections	62753
3317.081 and 3323.141 of the Revised Code.	62754

(2) InTo enable the department of education to obtain the	62755
data needed to complete the calculation of payments pursuant to	62756
this chapter, in addition to the formula ADM, each superintendent	62757
shall report separately the average daily membership included in	62758
the report under division (D)(1) of this section for each of the	62759
following categories of students for the same week for which	62760
formula ADM is certified:	62761

(a) Students enrolled in each individual grade included in	62762
the joint vocational district schools;	62763

(b) Children with disabilities receiving special education	62764
services for the category one disability described in division	62765
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code;	62766

(c) Children with disabilities receiving special education	62767
services for the category two disabilities described in division	62768
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code;	62769

(d) Children with disabilities receiving special education	62770
services for category three disabilities described in division	62771
~~(D)(3)~~(C) of section ~~3306.02~~3317.013 of the Revised Code;	62772

(e) Children with disabilities receiving special education	62773
services for category four disabilities described in division	62774
(D)~~(4)~~ of section ~~3306.02~~3317.013 of the Revised Code;	62775

(f) Children with disabilities receiving special education	62776
services for the category five disabilities described in division	62777
~~(D)(5)~~(E) of section ~~3306.02~~3317.013 of the Revised Code;	62778

(g) Children with disabilities receiving special education	62779
services for category six disabilities described in division	62780
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code;	62781

(h) Students receiving category one vocational education	62782
services, described in division (A) of section 3317.014 of the	62783
Revised Code;	62784

(i) Students receiving category two vocational education	62785
services, described in division (B) of section 3317.014 of the	62786
Revised Code.	62787

The superintendent of each joint vocational school district	62788
shall also indicate the city, local, or exempted village school	62789
district in which each joint vocational district pupil is entitled	62790
to attend school pursuant to section 3313.64 or 3313.65 of the	62791
Revised Code.	62792

(E) In each school of each city, local, exempted village,	62793
joint vocational, and cooperative education school district there	62794
shall be maintained a record of school membership, which record	62795
shall accurately show, for each day the school is in session, the	62796
actual membership enrolled in regular day classes. For the purpose	62797
of determining average daily membership, the membership figure of	62798
any school shall not include any pupils except those pupils	62799
described by division (A) of this section. The record of	62800
membership for each school shall be maintained in such manner that	62801
no pupil shall be counted as in membership prior to the actual	62802
date of entry in the school and also in such manner that where for	62803
any cause a pupil permanently withdraws from the school that pupil	62804
shall not be counted as in membership from and after the date of	62805
such withdrawal. There shall not be included in the membership of	62806
any school any of the following:	62807

(1) Any pupil who has graduated from the twelfth grade of a	62808
public or nonpublic high school;	62809

(2) Any pupil who is not a resident of the state;

62810

(3) Any pupil who was enrolled in the schools of the district	62811
during the previous school year when assessments were administered	62812
under section 3301.0711 of the Revised Code but did not take one	62813
or more of the assessments required by that section and was not	62814
excused pursuant to division (C)(1) or (3) of that section;	62815

(4) Any pupil who has attained the age of twenty-two years,	62816
except for veterans of the armed services whose attendance was	62817
interrupted before completing the recognized twelve-year course of	62818
the public schools by reason of induction or enlistment in the	62819
armed forces and who apply for reenrollment in the public school	62820
system of their residence not later than four years after	62821
termination of war or their honorable discharge.	62822

If, however, any veteran described by division (E)(4) of this	62823
section elects to enroll in special courses organized for veterans	62824
for whom tuition is paid under the provisions of federal laws, or	62825
otherwise, that veteran shall not be included in average daily	62826
membership.	62827

Notwithstanding division (E)(3) of this section, the	62828
membership of any school may include a pupil who did not take an	62829
assessment required by section 3301.0711 of the Revised Code if	62830
the superintendent of public instruction grants a waiver from the	62831
requirement to take the assessment to the specific pupil and a	62832
parent is not paying tuition for the pupil pursuant to section	62833
3313.6410 of the Revised Code. The superintendent may grant such a	62834
waiver only for good cause in accordance with rules adopted by the	62835
state board of education.	62836

Except as provided in divisions (B)(2) and (F) of this	62837
section, the average daily membership figure of any local, city,	62838
exempted village, or joint vocational school district shall be	62839
determined by dividing the figure representing the sum of the	62840
number of pupils enrolled during each day the school of attendance	62841
is actually open for instruction during the week for which the	62842
average daily membership is being certified by the total number of	62843
days the school was actually open for instruction during that	62844
week. For purposes of state funding, "enrolled" persons are only	62845
those pupils who are attending school, those who have attended	62846
school during the current school year and are absent for	62847
authorized reasons, and those children with disabilities currently	62848
receiving home instruction.	62849

The average daily membership figure of any cooperative	62850
education school district shall be determined in accordance with	62851
rules adopted by the state board of education.	62852

(F)(1) If the formula ADM for the first full school week in	62853
February is at least three per cent greater than that certified	62854
for the first full school week in the preceding October, the	62855
superintendent of schools of any city, exempted village, or joint	62856
vocational school district or educational service center shall	62857
certify such increase to the superintendent of public instruction.	62858
Such certification shall be submitted no later than the fifteenth	62859
day of February. For the balance of the fiscal year, beginning	62860
with the February payments, the superintendent of public	62861
instruction shall use the increased formula ADM in calculating or	62862
recalculating the amounts to be allocated in accordance with	62863
section 3317.022 or 3317.16 of the Revised Code. In no event shall	62864
the superintendent use an increased membership certified to the	62865
superintendent after the fifteenth day of February. Division	62866
(F)(1) of this section does not apply after fiscal year 2006.	62867

(2) If on the first school day of April the total number of	62868
classes or units for preschool children with disabilities that are	62869
eligible for approval under division (B) of section 3317.05 of the	62870
Revised Code exceeds the number of units that have been approved	62871
for the year under that division, the superintendent of schools of	62872
any city, exempted village, or cooperative education school	62873
district or educational service center shall make the	62874
certifications required by this section for that day. If the	62875
department determines additional units can be approved for the	62876
fiscal year within any limitations set forth in the acts	62877
appropriating moneys for the funding of such units, the department	62878
shall approve additional units for the fiscal year on the basis of	62879
such average daily membership. For each unit so approved, the	62880
department shall pay an amount computed in the manner prescribed	62881
in section 3317.052 or 3317.19 and section 3317.053 of the Revised	62882
Code.	62883

(3) If a student attending a community school under Chapter	62884
3314. or, a science, technology, engineering, and mathematics	62885
school established under Chapter 3326., or a college-preparatory	62886
boarding school established under Chapter 3328. of the Revised	62887
Code is not included in the formula ADM certified for the school	62888
district in which the student is entitled to attend school under	62889
section 3313.64 or 3313.65 of the Revised Code, the department of	62890
education shall adjust the formula ADM of that school district to	62891
include the student in accordance with division (C)(2) of this	62892
section, and shall recalculate the school district's payments	62893
under this chapter ~~and Chapter 3306. of the Revised Code~~ for the	62894
entire fiscal year on the basis of that adjusted formula ADM. This	62895
requirement applies regardless of whether the student was	62896
enrolled, as defined in division (E) of this section, in the	62897
community school or, the science, technology, engineering, and	62898
mathematics school, or the college-preparatory boarding school	62899
during the week for which the formula ADM is being certified.	62900

(4) If a student awarded an educational choice scholarship is	62901
not included in the formula ADM of the school district from which	62902
the department deducts funds for the scholarship under section	62903
3310.08 of the Revised Code, the department shall adjust the	62904
formula ADM of that school district to include the student to the	62905
extent necessary to account for the deduction, and shall	62906
recalculate the school district's payments under this chapter ~~and~~	62907
~~Chapter 3306. of the Revised Code~~ for the entire fiscal year on	62908
the basis of that adjusted formula ADM. This requirement applies	62909
regardless of whether the student was enrolled, as defined in	62910
division (E) of this section, in the chartered nonpublic school,	62911
the school district, or a community school during the week for	62912
which the formula ADM is being certified.	62913

(5) If a student awarded a scholarship under the Jon Peterson	62914
special needs scholarship program is not included in the formula	62915
ADM of the school district from which the department deducts funds	62916
for the scholarship under section 3310.55 of the Revised Code, the	62917
department shall adjust the formula ADM of that school district to	62918
include the student to the extent necessary to account for the	62919
deduction, and shall recalculate the school district's payments	62920
under this chapter for the entire fiscal year on the basis of that	62921
adjusted formula ADM. This requirement applies regardless of	62922
whether the student was enrolled, as defined in division (E) of	62923
this section, in an alternative public provider, a registered	62924
private provider, or the school district during the week for which	62925
the formula ADM is being certified.	62926

(G)(1)(a) The superintendent of an institution operating a	62927
special education program pursuant to section 3323.091 of the	62928
Revised Code shall, for the programs under such superintendent's	62929
supervision, certify to the state board of education, in the	62930
manner prescribed by the superintendent of public instruction,	62931
both of the following:	62932

(i) The average daily membership of all children with	62933
disabilities other than preschool children with disabilities	62934
receiving services at the institution for each category of	62935
disability described in divisions ~~(D)(1) to (6)~~(A) to (F) of	62936
section ~~3306.02~~3317.013 of the Revised Code;	62937

(ii) The average daily membership of all preschool children	62938
with disabilities in classes or programs approved annually by the	62939
department of education for unit funding under section 3317.05 of	62940
the Revised Code.	62941

(b) The superintendent of an institution with vocational	62942
education units approved under division (A) of section 3317.05 of	62943
the Revised Code shall, for the units under the superintendent's	62944
supervision, certify to the state board of education the average	62945
daily membership in those units, in the manner prescribed by the	62946
superintendent of public instruction.	62947

(2) The superintendent of each county DD board that maintains	62948
special education classes under section 3317.20 of the Revised	62949
Code or units approved pursuant to section 3317.05 of the Revised	62950
Code shall do both of the following:	62951

(a) Certify to the state board, in the manner prescribed by	62952
the board, the average daily membership in classes under section	62953
3317.20 of the Revised Code for each school district that has	62954
placed children in the classes;	62955

(b) Certify to the state board, in the manner prescribed by	62956
the board, the number of all preschool children with disabilities	62957
enrolled as of the first day of December in classes eligible for	62958
approval under division (B) of section 3317.05 of the Revised	62959
Code, and the number of those classes.	62960

(3)(a) If on the first school day of April the number of	62961
classes or units maintained for preschool children with	62962
disabilities by the county DD board that are eligible for approval	62963
under division (B) of section 3317.05 of the Revised Code is	62964
greater than the number of units approved for the year under that	62965
division, the superintendent shall make the certification required	62966
by this section for that day.	62967

(b) If the department determines that additional classes or	62968
units can be approved for the fiscal year within any limitations	62969
set forth in the acts appropriating moneys for the funding of the	62970
classes and units described in division (G)(3)(a) of this section,	62971
the department shall approve and fund additional units for the	62972
fiscal year on the basis of such average daily membership. For	62973
each unit so approved, the department shall pay an amount computed	62974
in the manner prescribed in sections 3317.052 and 3317.053 of the	62975
Revised Code.	62976

(H) Except as provided in division (I) of this section, when	62977
any city, local, or exempted village school district provides	62978
instruction for a nonresident pupil whose attendance is	62979
unauthorized attendance as defined in section 3327.06 of the	62980
Revised Code, that pupil's membership shall not be included in	62981
that district's membership figure used in the calculation of that	62982
district's formula ADM or included in the determination of any	62983
unit approved for the district under section 3317.05 of the	62984
Revised Code. The reporting official shall report separately the	62985
average daily membership of all pupils whose attendance in the	62986
district is unauthorized attendance, and the membership of each	62987
such pupil shall be credited to the school district in which the	62988
pupil is entitled to attend school under division (B) of section	62989
3313.64 or section 3313.65 of the Revised Code as determined by	62990
the department of education.	62991

(I)(1) A city, local, exempted village, or joint vocational	62992
school district admitting a scholarship student of a pilot project	62993
district pursuant to division (C) of section 3313.976 of the	62994
Revised Code may count such student in its average daily	62995
membership.	62996

(2) In any year for which funds are appropriated for pilot	62997
project scholarship programs, a school district implementing a	62998
state-sponsored pilot project scholarship program that year	62999
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	63000
count in average daily membership:	63001

(a) All children residing in the district and utilizing a	63002
scholarship to attend kindergarten in any alternative school, as	63003
defined in section 3313.974 of the Revised Code;	63004

(b) All children who were enrolled in the district in the	63005
preceding year who are utilizing a scholarship to attend ~~any such~~	63006
an alternative school.	63007

(J) The superintendent of each cooperative education school	63008
district shall certify to the superintendent of public	63009
instruction, in a manner prescribed by the state board of	63010
education, the applicable average daily memberships for all	63011
students in the cooperative education district, also indicating	63012
the city, local, or exempted village district where each pupil is	63013
entitled to attend school under section 3313.64 or 3313.65 of the	63014
Revised Code.	63015

(K) If the superintendent of public instruction determines	63016
that a component of the average daily membership certified or	63017
reported by a district superintendent, or other reporting entity,	63018
is not correct, the superintendent of public instruction may order	63019
that the formula ADM used for the purposes of payments under any	63020
section of Title XXXIII of the Revised Code be adjusted in the	63021
amount of the error.	63022

Sec. 3317.031. A membership record shall be kept by grade	63023
level in each city, local, exempted village, joint vocational, and	63024
cooperative education school district and such a record shall be	63025
kept by grade level in each educational service center that	63026
provides academic instruction to pupils, classes for pupils with	63027
disabilities, or any other direct instructional services to	63028
pupils. Such membership record shall show the following	63029
information for each pupil enrolled: Name, date of birth, name of	63030
parent, date entered school, date withdrawn from school, days	63031
present, days absent, and the number of days school was open for	63032
instruction while the pupil was enrolled. At the end of the school	63033
year this membership record shall show the total days present, the	63034
total days absent, and the total days due for all pupils in each	63035
grade. Such membership record shall show the pupils that are	63036
transported to and from school and it shall also show the pupils	63037
that are transported living within one mile of the school	63038
attended. This membership record shall also show any other	63039
information prescribed by the state board of education.	63040

This membership record shall be kept intact for at least five	63041
years and shall be made available to the state board of education	63042
or its representative in making an audit of the average daily	63043
membership or the transportation of the district or educational	63044
service center. ~~The membership records of local school districts~~	63045
~~shall be filed at the close of each school year in the office of~~	63046
~~the educational service center superintendent.~~	63047

The state board of education may withhold any money due any	63048
school district or educational service center under this chapter	63049
~~and Chapter 3306. of the Revised Code~~ until it has satisfactory	63050
evidence that the board of education or educational service center	63051
governing board has fully complied with all of the provisions of	63052
this section.	63053

Nothing in this section shall require any person to release,	63054
or to permit access to, public school records in violation of	63055
section 3319.321 of the Revised Code.	63056

Sec. 3317.05. (A) For the purpose of calculating payments	63057
under sections 3317.052 and 3317.053 of the Revised Code, the	63058
department of education shall determine for each institution, by	63059
the last day of January of each year and based on information	63060
certified under section 3317.03 of the Revised Code, the number of	63061
vocational education units or fractions of units approved by the	63062
department on the basis of standards and rules adopted by the	63063
state board of education. As used in this division, "institution"	63064
means an institution operated by a department specified in section	63065
3323.091 of the Revised Code and that provides vocational	63066
education programs under the supervision of the division of	63067
vocational education of the department that meet the standards and	63068
rules for these programs, including licensure of professional	63069
staff involved in the programs, as established by the state board.	63070

(B) For the purpose of calculating payments under sections	63071
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	63072
department shall determine, based on information certified under	63073
section 3317.03 of the Revised Code, the following by the last day	63074
of January of each year for each educational service center, for	63075
each school district, including each cooperative education school	63076
district, for each institution eligible for payment under section	63077
3323.091 of the Revised Code, and for each county DD board: the	63078
number of classes operated by the school district, service center,	63079
institution, or county DD board for preschool children with	63080
disabilities, or fraction thereof, including in the case of a	63081
district or service center that is a funding agent, classes taught	63082
by a licensed teacher employed by that district or service center	63083
under section 3313.841 of the Revised Code, approved annually by	63084
the department on the basis of standards and rules adopted by the	63085
state board.	63086

(C) For the purpose of calculating payments under sections	63087
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	63088
department shall determine, based on information certified under	63089
section 3317.03 of the Revised Code, the following by the last day	63090
of January of each year for each school district, including each	63091
cooperative education school district, for each institution	63092
eligible for payment under section 3323.091 of the Revised Code,	63093
and for each county DD board: the number of units for related	63094
services, as defined in section 3323.01 of the Revised Code, for	63095
preschool children with disabilities approved annually by the	63096
department on the basis of standards and rules adopted by the	63097
state board.	63098

(D) All of the arithmetical calculations made under this	63099
section shall be carried to the second decimal place. The total	63100
number of units for school districts, service centers, and	63101
institutions approved annually under this section shall not exceed	63102
the number of units included in the estimate of cost for these	63103
units and appropriations made for them by the general assembly.	63104

In the case of units for preschool children with disabilities	63105
described in division (B) of this section, the department shall	63106
approve only preschool units for children who are under age six on	63107
the thirtieth day of September of the academic year, or on the	63108
first day of August of the academic year if the school district in	63109
which the child is enrolled has adopted a resolution under	63110
division (A)(3) of section 3321.01 of the Revised Code, but not	63111
less than age three on the first day of December of the academic	63112
year, except that such a unit may include one or more children who	63113
are under age three or are age six or over on the applicable date,	63114
as reported under division (B)(2) or (G)(2)(b) of section 3317.03	63115
of the Revised Code, if such children have been admitted to the	63116
unit pursuant to rules of the state board. The number of units for	63117
county DD boards and institutions eligible for payment under	63118
section 3323.091 of the Revised Code approved under this section	63119
shall not exceed the number that can be funded with appropriations	63120
made for such purposes by the general assembly.	63121

No unit shall be approved under divisions (B) and (C) of this	63122
section unless a plan has been submitted and approved under	63123
Chapter 3323. of the Revised Code.	63124

~~(E) The department shall approve units or fractions thereof~~	63125
~~for gifted children on the basis of standards and rules adopted by~~	63126
~~the state board.~~	63127

Sec. 3317.051. ~~(A)(1) Notwithstanding sections 3317.05 and~~	63128
~~3317.11 of the Revised Code, a unit funded pursuant to division~~	63129
~~(L) of section 3317.024 or division (A)(2) of section 3317.052 of~~	63130
~~the Revised Code shall not be approved for state funding in one~~	63131
~~school district, including any cooperative education school~~	63132
~~district or any educational service center, to the extent that~~	63133
~~such unit provides programs in or services to another district~~	63134
~~which receives payment pursuant to section 3317.04 of the Revised~~	63135
~~Code.~~	63136

~~(2)~~ Any city, local, exempted village, or cooperative	63137
education school district or any educational service center may	63138
combine partial unit eligibility for programs for preschool	63139
children with disabilities pursuant to section 3317.05 of the	63140
Revised Code, and such combined partial units may be approved for	63141
state funding in one school district or service center.	63142

~~(B) After units have been initially approved for any fiscal~~	63143
~~year under section 3317.05 of the Revised Code, no unit shall be~~	63144
~~subsequently transferred from a school district or educational~~	63145
~~service center to another city, exempted village, local, or~~	63146
~~cooperative education school district or educational service~~	63147
~~center or to an institution or county DD board solely for the~~	63148
~~purpose of reducing the financial obligations of the school~~	63149
~~district in a fiscal year it receives payment pursuant to section~~	63150
~~3317.04 of the Revised Code.~~	63151

Sec. 3317.053. (A) As used in this section:

63152

(1) "State share percentage" has the same meaning as in	63153
section 3317.022 of the Revised Code.	63154

(2) "Dollar amount" means the amount shown in the following	63155
table for the corresponding type of unit:	63156

TYPE OF UNIT	DOLLAR AMOUNT	63157
Division (B) of section 3317.05		63158
of the Revised Code	$8,334	63159
Division (C) of that section	$3,234	63160
~~Division (E) of that section~~	~~$5,550~~	63161

(3) "Average unit amount" means the amount shown in the	63162
following table for the corresponding type of unit:	63163

TYPE OF UNIT	AVERAGE UNIT AMOUNT	63164
Division (B) of section 3317.05		63165
of the Revised Code	$7,799	63166
Division (C) of that section	$2,966	63167
~~Division (E) of that section~~	~~$5,251~~	63168

(B) In the case of each unit described in division (B),or	63169
(C)~~, or (E)~~ of section 3317.05 of the Revised Code and allocated	63170
to a city, local, or exempted village school district, the	63171
department of education, in addition to the amounts specified in	63172
~~division (L) of section 3317.024 and~~ sections 3317.052 and 3317.19	63173
of the Revised Code, shall pay a supplemental unit allowance equal	63174
to the sum of the following amounts:	63175

(1) An amount equal to 50% of the average unit amount for the	63176
unit;	63177

(2) An amount equal to the percentage of the dollar amount	63178
for the unit that equals the district's state share percentage.	63179

If, prior to the fifteenth day of May of a fiscal year, a	63180
school district's aid computed under section 3317.022 of the	63181
Revised Code is recomputed pursuant to section 3317.027 or	63182
3317.028 of the Revised Code, the department shall also recompute	63183
the district's entitlement to payment under this section utilizing	63184
a new state share percentage. Such new state share percentage	63185
shall be determined using the district's recomputed basic aid	63186
amount pursuant to section 3317.027 or 3317.028 of the Revised	63187
Code. During the last six months of the fiscal year, the	63188
department shall pay the district a sum equal to one-half of the	63189
recomputed payment in lieu of one-half the payment otherwise	63190
calculated under this section.	63191

(C)(1) In the case of each unit allocated to an institution	63192
pursuant to division (A) of section 3317.05 of the Revised Code,	63193
the department, in addition to the amount specified in section	63194
3317.052 of the Revised Code, shall pay a supplemental unit	63195
allowance of $7,227.	63196

(2) In the case of each unit described in division (B) of	63197
section 3317.05 of the Revised Code that is allocated to any	63198
entity other than a city, exempted village, or local school	63199
district, the department, in addition to the amount specified in	63200
section 3317.052 of the Revised Code, shall pay a supplemental	63201
unit allowance of $7,799.	63202

(3) In the case of each unit described in division (C) of	63203
section 3317.05 of the Revised Code and allocated to any entity	63204
other than a city, exempted village, or local school district, the	63205
department, in addition to the amounts specified in section	63206
3317.052 of the Revised Code, shall pay a supplemental unit	63207
allowance of $2,966.	63208

~~(4) In the case of each unit described in division (E) of~~	63209
~~section 3317.05 of the Revised Code and allocated to an~~	63210
~~educational service center, the department, in addition to the~~	63211
~~amounts specified in division (L) of section 3317.024 of the~~	63212
~~Revised Code, shall pay a supplemental unit allowance of $5,251.~~	63213

Sec. 3317.06. Moneys paid to school districts under division	63214
~~(I)~~(E) of section 3317.024 of the Revised Code shall be used for	63215
the following independent and fully severable purposes:	63216

(A) To purchase such secular textbooks or electronic	63217
textbooks as have been approved by the superintendent of public	63218
instruction for use in public schools in the state and to loan	63219
such textbooks or electronic textbooks to pupils attending	63220
nonpublic schools within the district or to their parents and to	63221
hire clerical personnel to administer such lending program. Such	63222
loans shall be based upon individual requests submitted by such	63223
nonpublic school pupils or parents. Such requests shall be	63224
submitted to the school district in which the nonpublic school is	63225
located. Such individual requests for the loan of textbooks or	63226
electronic textbooks shall, for administrative convenience, be	63227
submitted by the nonpublic school pupil or the pupil's parent to	63228
the nonpublic school, which shall prepare and submit collective	63229
summaries of the individual requests to the school district. As	63230
used in this section:	63231

(1) "Textbook" means any book or book substitute that a pupil	63232
uses as a consumable or nonconsumable text, text substitute, or	63233
text supplement in a particular class or program in the school the	63234
pupil regularly attends.	63235

(2) "Electronic textbook" means ~~computer software,~~	63236
~~interactive videodisc, magnetic media, CD-ROM, computer~~	63237
~~courseware, local and remote computer assisted instruction,~~	63238
~~on-line service, electronic medium, or other means of conveying~~	63239
~~information to the student or otherwise contributing~~any book or	63240
book substitute that a student accesses through the use of a	63241
computer or other electronic medium or that is available through	63242
an internet-based provider of course content, or any other	63243
material that contributes to the learning process through	63244
electronic means.	63245

(B) To provide speech and hearing diagnostic services to	63246
pupils attending nonpublic schools within the district. Such	63247
service shall be provided in the nonpublic school attended by the	63248
pupil receiving the service.	63249

(C) To provide physician, nursing, dental, and optometric	63250
services to pupils attending nonpublic schools within the	63251
district. Such services shall be provided in the school attended	63252
by the nonpublic school pupil receiving the service.	63253

(D) To provide diagnostic psychological services to pupils	63254
attending nonpublic schools within the district. Such services	63255
shall be provided in the school attended by the pupil receiving	63256
the service.	63257

(E) To provide therapeutic psychological and speech and	63258
hearing services to pupils attending nonpublic schools within the	63259
district. Such services shall be provided in the public school, in	63260
nonpublic schools, in public centers, or in mobile units located	63261
on or off of the nonpublic premises. If such services are provided	63262
in the public school or in public centers, transportation to and	63263
from such facilities shall be provided by the school district in	63264
which the nonpublic school is located.	63265

(F) To provide guidance, counseling, and social work services	63266
to pupils attending nonpublic schools within the district. Such	63267
services shall be provided in the public school, in nonpublic	63268
schools, in public centers, or in mobile units located on or off	63269
of the nonpublic premises. If such services are provided in the	63270
public school or in public centers, transportation to and from	63271
such facilities shall be provided by the school district in which	63272
the nonpublic school is located.	63273

(G) To provide remedial services to pupils attending	63274
nonpublic schools within the district. Such services shall be	63275
provided in the public school, in nonpublic schools, in public	63276
centers, or in mobile units located on or off of the nonpublic	63277
premises. If such services are provided in the public school or in	63278
public centers, transportation to and from such facilities shall	63279
be provided by the school district in which the nonpublic school	63280
is located.	63281

(H) To supply for use by pupils attending nonpublic schools	63282
within the district such standardized tests and scoring services	63283
as are in use in the public schools of the state;	63284

(I) To provide programs for children who attend nonpublic	63285
schools within the district and are children with disabilities as	63286
defined in section 3323.01 of the Revised Code or gifted children.	63287
Such programs shall be provided in the public school, in nonpublic	63288
schools, in public centers, or in mobile units located on or off	63289
of the nonpublic premises. If such programs are provided in the	63290
public school or in public centers, transportation to and from	63291
such facilities shall be provided by the school district in which	63292
the nonpublic school is located.	63293

(J) To hire clerical personnel to assist in the	63294
administration of programs pursuant to divisions (B), (C), (D),	63295
(E), (F), (G), and (I) of this section and to hire supervisory	63296
personnel to supervise the providing of services and textbooks	63297
pursuant to this section.	63298

(K) To purchase or lease any secular, neutral, and	63299
nonideological computer application software ~~(including~~designed	63300
to assist students in performing a single task or multiple related	63301
tasks, device management software, learning management software,	63302
site-licensing), ~~prerecorded video laserdiscs,~~ digital video on	63303
demand (DVD), ~~compact discs, and video cassette cartridges,~~ wide	63304
area connectivity and related technology as it relates to internet	63305
access, mathematics or science equipment and materials,	63306
instructional materials, and school library materials that are in	63307
general use in the public schools of the state and loan such items	63308
to pupils attending nonpublic schools within the district or to	63309
their parents, and to hire clerical personnel to administer the	63310
lending program. Only such items that are incapable of diversion	63311
to religious use and that are susceptible of loan to individual	63312
pupils and are furnished for the use of individual pupils shall be	63313
purchased and loaned under this division. As used in this section,	63314
"instructional materials" means prepared learning materials that	63315
are secular, neutral, and nonideological in character and are of	63316
benefit to the instruction of school children, and may include	63317
educational resources and services developed by the eTech Ohio	63318
commission.	63319

(L) To purchase or lease instructional equipment, including	63320
computer hardware and related equipment in general use in the	63321
public schools of the state, for use by pupils attending nonpublic	63322
schools within the district and to loan such items to pupils	63323
attending nonpublic schools within the district or to their	63324
parents, and to hire clerical personnel to administer the lending	63325
program. "Computer hardware and related equipment" includes	63326
desktop computers and workstations; laptop computers, computer	63327
tablets, and other mobile handheld devices; and their operating	63328
systems and accessories.	63329

(M) To purchase mobile units to be used for the provision of	63330
services pursuant to divisions (E), (F), (G), and (I) of this	63331
section and to pay for necessary repairs and operating costs	63332
associated with these units.	63333

(N) To reimburse costs the district incurred to store the	63334
records of a chartered nonpublic school that closes.	63335
Reimbursements under this division shall be made one time only for	63336
each chartered nonpublic school that closes.	63337

(O) To purchase life-saving medical or other emergency	63338
equipment for placement in nonpublic schools within the district	63339
or to maintain such equipment.	63340

Clerical and supervisory personnel hired pursuant to division	63341
(J) of this section shall perform their services in the public	63342
schools, in nonpublic schools, public centers, or mobile units	63343
where the services are provided to the nonpublic school pupil,	63344
except that such personnel may accompany pupils to and from the	63345
service sites when necessary to ensure the safety of the children	63346
receiving the services.	63347

All services provided pursuant to this section may be	63348
provided under contract with educational service centers, the	63349
department of health, city or general health districts, or private	63350
agencies whose personnel are properly licensed by an appropriate	63351
state board or agency.	63352

Transportation of pupils provided pursuant to divisions (E),	63353
(F), (G), and (I) of this section shall be provided by the school	63354
district from its general funds and not from moneys paid to it	63355
under division ~~(I)~~(E) of section 3317.024 of the Revised Code	63356
unless a special transportation request is submitted by the parent	63357
of the child receiving service pursuant to such divisions. If such	63358
an application is presented to the school district, it may pay for	63359
the transportation from moneys paid to it under division ~~(I)~~(E) of	63360
section 3317.024 of the Revised Code.	63361

No school district shall provide health or remedial services	63362
to nonpublic school pupils as authorized by this section unless	63363
such services are available to pupils attending the public schools	63364
within the district.	63365

Materials, equipment, computer hardware or software,	63366
textbooks, electronic textbooks, and health and remedial services	63367
provided for the benefit of nonpublic school pupils pursuant to	63368
this section and the admission of pupils to such nonpublic schools	63369
shall be provided without distinction as to race, creed, color, or	63370
national origin of such pupils or of their teachers.	63371

No school district shall provide services, materials, or	63372
equipment that contain religious content for use in religious	63373
courses, devotional exercises, religious training, or any other	63374
religious activity.	63375

As used in this section, "parent" includes a person standing	63376
in loco parentis to a child.	63377

Notwithstanding section 3317.01 of the Revised Code, payments	63378
shall be made under this section to any city, local, or exempted	63379
village school district within which is located one or more	63380
nonpublic elementary or high schools and any payments made to	63381
school districts under division ~~(I)~~(E) of section 3317.024 of the	63382
Revised Code for purposes of this section may be disbursed without	63383
submission to and approval of the controlling board.	63384

The allocation of payments for materials, equipment,	63385
textbooks, electronic textbooks, health services, and remedial	63386
services to city, local, and exempted village school districts	63387
shall be on the basis of the state board of education's estimated	63388
annual average daily membership in nonpublic elementary and high	63389
schools located in the district.	63390

Payments made to city, local, and exempted village school	63391
districts under this section shall be equal to specific	63392
appropriations made for the purpose. All interest earned by a	63393
school district on such payments shall be used by the district for	63394
the same purposes and in the same manner as the payments may be	63395
used.	63396

The department of education shall adopt guidelines and	63397
procedures under which such programs and services shall be	63398
provided, under which districts shall be reimbursed for	63399
administrative costs incurred in providing such programs and	63400
services, and under which any unexpended balance of the amounts	63401
appropriated by the general assembly to implement this section may	63402
be transferred to the auxiliary services personnel unemployment	63403
compensation fund established pursuant to section 4141.47 of the	63404
Revised Code. The department shall also adopt guidelines and	63405
procedures limiting the purchase and loan of the items described	63406
in division (K) of this section to items that are in general use	63407
in the public schools of the state, that are incapable of	63408
diversion to religious use, and that are susceptible to individual	63409
use rather than classroom use. Within thirty days after the end of	63410
each biennium, each board of education shall remit to the	63411
department all moneys paid to it under division ~~(I)~~(E) of section	63412
3317.024 of the Revised Code and any interest earned on those	63413
moneys that are not required to pay expenses incurred under this	63414
section during the biennium for which the money was appropriated	63415
and during which the interest was earned. If a board of education	63416
subsequently determines that the remittal of moneys leaves the	63417
board with insufficient money to pay all valid expenses incurred	63418
under this section during the biennium for which the remitted	63419
money was appropriated, the board may apply to the department of	63420
education for a refund of money, not to exceed the amount of the	63421
insufficiency. If the department determines the expenses were	63422
lawfully incurred and would have been lawful expenditures of the	63423
refunded money, it shall certify its determination and the amount	63424
of the refund to be made to the director of job and family	63425
services who shall make a refund as provided in section 4141.47 of	63426
the Revised Code.	63427

Each school district shall label materials, equipment,	63428
computer hardware or software, textbooks, and electronic textbooks	63429
purchased or leased for loan to a nonpublic school under this	63430
section, acknowledging that they were purchased or leased with	63431
state funds under this section. However, a district need not label	63432
materials, equipment, computer hardware or software, textbooks, or	63433
electronic textbooks that the district determines are consumable	63434
in nature or have a value of less than two hundred dollars.	63435

Sec. 3317.061. The superintendent of each school district,	63436
including each cooperative education and joint vocational school	63437
district and the superintendent of each educational service	63438
center, shall, on forms prescribed and furnished by the state	63439
board of education, certify to the state board of education, on or	63440
before the fifteenth day of October of each year, the name of each	63441
licensed employee employed, on an annual salary, in each school	63442
under such superintendent's supervision during the first full	63443
school week of said month of October, the number of years of	63444
recognized college training such licensed employee has completed,	63445
the college degrees from a recognized college earned by such	63446
licensed employee, the type of teaching license held by such	63447
licensed employee, the number of months such licensed employee is	63448
employed in the school district, the annual salary of such	63449
licensed employee, and such other information as the state board	63450
of education may request. For the purposes of ~~Chapters 3306. and~~	63451
Chapter 3317. of the Revised Code, a licensed employee is any	63452
employee in a position that requires a license issued pursuant to	63453
sections 3319.22 to 3319.31 of the Revised Code.	63454

Pursuant to standards adopted by the state board of	63455
education, experience of vocational teachers in trade and industry	63456
shall be recognized by such board for the purpose of complying	63457
with the requirements of recognized college training provided by	63458
~~Chapters 3306. and~~Chapter 3317. of the Revised Code.	63459

Sec. 3317.07. ~~The state board of education shall establish~~	63460
~~rules for the purpose of distributing subsidies for the purchase~~	63461
~~of school buses under division (D) of section 3317.024 of the~~	63462
~~Revised Code.~~	63463

~~No school bus subsidy payments shall be paid to any district~~	63464
~~unless such district can demonstrate that pupils residing more~~	63465
~~than one mile from the school could not be transported without~~	63466
~~such additional aid.~~	63467

~~The amount paid to a county DD board for buses purchased for~~	63468
~~transportation of children in special education programs operated~~	63469
~~by the board shall be based on a per pupil allocation for eligible~~	63470
~~students.~~	63471

~~The amount paid to a school district for buses purchased for~~	63472
~~transportation of pupils with disabilities and nonpublic school~~	63473
~~pupils shall be determined by a per pupil allocation based on the~~	63474
~~number of special education and nonpublic school pupils for whom~~	63475
~~transportation is provided.~~	63476

~~The state board of education shall adopt a formula to~~	63477
~~determine the amount of payments that shall be distributed to~~	63478
~~school districts to purchase school buses for pupils other than~~	63479
~~pupils with disabilities or nonpublic school pupils.~~	63480

~~If any district or county DD board obtains bus services for~~	63481
~~pupil transportation pursuant to a contract, such district or~~	63482
~~board may use payments received under this section to defray the~~	63483
~~costs of contracting for bus services in lieu of for purchasing~~	63484
~~buses.~~	63485

If the department of education determines that a county DD	63486
board no longer needs a school bus because the board no longer	63487
transports children to a special education program operated by the	63488
board, or if the department determines that a school district no	63489
longer needs a school bus to transport pupils to a nonpublic	63490
school or special education program, the department may reassign a	63491
bus that was funded with payments provided pursuant to the version	63492
of this section in effect prior to the effective date of this	63493
amendment for the purpose of transporting such pupils. The	63494
department may reassign a bus to a county DD board or school	63495
district that transports children to a special education program	63496
designated in the children's individualized education plans, or to	63497
a school district that transports pupils to a nonpublic school,	63498
and needs an additional school bus.	63499

Sec. 3317.08. A board of education may admit to its schools	63500
a child it is not required by section 3313.64 or 3313.65 of the	63501
Revised Code to admit, if tuition is paid for the child.	63502

Unless otherwise provided by law, tuition shall be computed	63503
in accordance with this section. A district's tuition charge for a	63504
school year shall be one of the following:	63505

(A) For any child, except a preschool child with a disability	63506
described in division (B) of this section, the quotient obtained	63507
by dividing the sum of the amounts described in divisions (A)(1)	63508
and (2) of this section by the district's formula ADM.	63509

(1) The district's total taxes charged and payable for	63510
current expenses for the tax year preceding the tax year in which	63511
the school year begins as certified under division (A)(3) of	63512
section 3317.021 of the Revised Code.	63513

(2) The district's total taxes collected for current expenses	63514
under a school district income tax adopted pursuant to section	63515
5748.03 or, 5748.08, or 5748.09 of the Revised Code that are	63516
disbursed to the district during the fiscal year, excluding any	63517
income tax receipts allocated for the project cost, debt service,	63518
or maintenance set-aside associated with a state-assisted	63519
classroom facilities project as authorized by section 3318.052 of	63520
the Revised Code. On or before the first day of June of each year,	63521
the tax commissioner shall certify the amount to be used in the	63522
calculation under this division for the next fiscal year to the	63523
department of education and the office of budget and management	63524
for each city, local, and exempted village school district that	63525
levies a school district income tax.	63526

(B) For any preschool child with a disability not included in	63527
a unit approved under division (B) of section 3317.05 of the	63528
Revised Code, an amount computed for the school year as follows:	63529

(1) For each type of special education service provided to	63530
the child for whom tuition is being calculated, determine the	63531
amount of the district's operating expenses in providing that type	63532
of service to all preschool children with disabilities not	63533
included in units approved under division (B) of section 3317.05	63534
of the Revised Code;	63535

(2) For each type of special education service for which	63536
operating expenses are determined under division (B)(1) of this	63537
section, determine the amount of such operating expenses that was	63538
paid from any state funds received under this chapter;	63539

(3) For each type of special education service for which	63540
operating expenses are determined under division (B)(1) of this	63541
section, divide the difference between the amount determined under	63542
division (B)(1) of this section and the amount determined under	63543
division (B)(2) of this section by the total number of preschool	63544
children with disabilities not included in units approved under	63545
division (B) of section 3317.05 of the Revised Code who received	63546
that type of service;	63547

(4) Determine the sum of the quotients obtained under	63548
division (B)(3) of this section for all types of special education	63549
services provided to the child for whom tuition is being	63550
calculated.	63551

The state board of education shall adopt rules defining the	63552
types of special education services and specifying the operating	63553
expenses to be used in the computation under this section.	63554

If any child for whom a tuition charge is computed under this	63555
section for any school year is enrolled in a district for only	63556
part of that school year, the amount of the district's tuition	63557
charge for the child for the school year shall be computed in	63558
proportion to the number of school days the child is enrolled in	63559
the district during the school year.	63560

Except as otherwise provided in division (J) of section	63561
3313.64 of the Revised Code, whenever a district admits a child to	63562
its schools for whom tuition computed in accordance with this	63563
section is an obligation of another school district, the amount of	63564
the tuition shall be certified by the treasurer of the board of	63565
education of the district of attendance, to the board of education	63566
of the district required to pay tuition for its approval and	63567
payment. If agreement as to the amount payable or the district	63568
required to pay the tuition cannot be reached, or the board of	63569
education of the district required to pay the tuition refuses to	63570
pay that amount, the board of education of the district of	63571
attendance shall notify the superintendent of public instruction.	63572
The superintendent shall determine the correct amount and the	63573
district required to pay the tuition and shall deduct that amount,	63574
if any, under division ~~(G)~~(D) of section 3317.023 of the Revised	63575
Code, from the district required to pay the tuition and add that	63576
amount to the amount allocated to the district attended under such	63577
division. The superintendent of public instruction shall send to	63578
the district required to pay the tuition an itemized statement	63579
showing such deductions at the time of such deduction.	63580

When a political subdivision owns and operates an airport,	63581
welfare, or correctional institution or other project or facility	63582
outside its corporate limits, the territory within which the	63583
facility is located is exempt from taxation by the school district	63584
within which such territory is located, and there are school age	63585
children residing within such territory, the political subdivision	63586
owning such tax exempt territory shall pay tuition to the district	63587
in which such children attend school. The tuition for these	63588
children shall be computed as provided for in this section.	63589

Sec. 3317.081. (A) Tuition shall be computed in accordance	63590
with this section if:	63591

(1) The tuition is required by division (C)(3)(b) of section	63592
3313.64 of the Revised Code; or	63593

(2) Neither the child nor the child's parent resides in this	63594
state and tuition is required by section 3327.06 of the Revised	63595
Code.	63596

(B) Tuition computed in accordance with this section shall	63597
equal the attendance district's tuition rate computed under	63598
section 3317.08 of the Revised Code plus the amount in state	63599
education aid that district would have received for the child	63600
~~pursuant to Chapter 3306. and sections 3317.023 and 3317.025 to~~	63601
~~3317.0211~~ of the Revised Code during the school year had the	63602
attendance district been authorized to count the child in its	63603
formula ADM for that school year under section 3317.03 of the	63604
Revised Code.	63605

Sec. 3317.082. As used in this section, "institution" means	63606
a residential facility that receives and cares for children	63607
maintained by the department of youth services and that operates a	63608
school chartered by the state board of education under section	63609
3301.16 of the Revised Code.	63610

(A) On or before the thirty-first day of each January and	63611
July, the superintendent of each institution that during the	63612
six-month period immediately preceding each January or July	63613
provided an elementary or secondary education for any child, other	63614
than a child receiving special education under section 3323.091 of	63615
the Revised Code, shall prepare and submit to the department of	63616
education, a statement for each such child indicating the child's	63617
name, any school district responsible to pay tuition for the child	63618
as determined by the superintendent in accordance with division	63619
(C)(2) or (3) of section 3313.64 of the Revised Code, and the	63620
period of time during that six-month period that the child	63621
received an elementary or secondary education. If any school	63622
district is responsible to pay tuition for any such child, the	63623
department of education, no later than the immediately succeeding	63624
last day of February or August, as applicable, shall calculate the	63625
amount of the tuition of the district under section 3317.08 of the	63626
Revised Code for the period of time indicated on the statement and	63627
do one of the following:	63628

(1) If the tuition amount is equal to or less than the ~~amount~~	63629
~~of state basic aid funds payable to the district under Chapter~~	63630
~~3306. and section 3317.023 of the Revised Code~~district's state	63631
education aid, pay to the institution submitting the statement an	63632
amount equal to the tuition amount, as provided under division	63633
~~(M)~~(G) of section 3317.024 of the Revised Code, and deduct the	63634
tuition amount from the state basic aid funds payable to the	63635
district, as provided under division ~~(F)~~(C)(2) of section 3317.023	63636
of the Revised Code;	63637

(2) If the tuition amount is greater than the ~~amount of state~~	63638
~~basic aid funds payable to the district under Chapter 3306. and~~	63639
~~section 3317.023 of the Revised Code~~district's state education	63640
aid, require the district to pay to the institution submitting the	63641
statement an amount equal to the tuition amount.	63642

(B) In the case of any disagreement about the school district	63643
responsible to pay tuition for a child pursuant to this section,	63644
the superintendent of public instruction shall make the	63645
determination in any such case in accordance with division (C)(2)	63646
or (3) of section 3313.64 of the Revised Code.	63647

Sec. 3317.09. All moneys distributed to a school district,	63648
including any cooperative education or joint vocational school	63649
district and all moneys distributed to any educational service	63650
center, by the state whether from a state or federal source, shall	63651
be accounted for by the division of school finance of the	63652
department of education. All moneys distributed shall be coded as	63653
to county, school district or educational service center, source,	63654
and other pertinent information, and at the end of each month, a	63655
report of such distribution shall be made by such division of	63656
school finance to each school district and educational service	63657
center. If any board of education fails to make the report	63658
required in section 3319.33 of the Revised Code, the	63659
superintendent of public instruction shall be without authority to	63660
distribute funds to that school district or educational service	63661
center ~~pursuant to sections 3317.022 to 3317.0211, 3317.11,~~	63662
~~3317.16, 3317.17, or 3317.19 of the Revised Code~~under this	63663
chapter until such time as the required reports are filed with all	63664
specified officers, boards, or agencies.	63665

Sec. 3317.11. (A) As used in this section:

63666

(1) "Client school district" means a city or exempted village	63667
school district that has entered into an agreement under section	63668
3313.843 of the Revised Code to receive any services from an	63669
educational service center.	63670

(2) "Service center ADM" means the sum of the total student	63671
counts of all local school districts within an educational service	63672
center's territory and all of the service center's client school	63673
districts.	63674

(3) "STEM school" means a science, technology, engineering,	63675
and mathematics school established under Chapter 3326. of the	63676
Revised Code.	63677

(4) "Total student count" has the same meaning as in section	63678
3301.011 of the Revised Code.	63679

(B)(1) The governing board of each educational service center	63680
shall provide supervisory services to each local school district	63681
within the service center's territory. Each city or exempted	63682
village school district that enters into an agreement under	63683
section 3313.843 of the Revised Code for a governing board to	63684
provide any services also is considered to be provided supervisory	63685
services by the governing board. Except as provided in division	63686
(B)(2) of this section, the supervisory services shall not exceed	63687
one supervisory teacher for the first fifty classroom teachers	63688
required to be employed in the districts, as calculated in the	63689
manner prescribed under former division (B) of section 3317.023	63690
of the Revised Code, as that division existed prior to the	63691
effective date of this amendment, and one for each additional one	63692
hundred required classroom teachers, as so calculated.	63693

The supervisory services shall be financed annually through	63694
supervisory units. Except as provided in division (B)(2) of this	63695
section, the number of supervisory units assigned to each district	63696
shall not exceed one unit for the first fifty classroom teachers	63697
required to be employed in the district, as calculated in the	63698
manner prescribed under former division (B) of section 3317.023	63699
of the Revised Code, as that division existed prior to the	63700
effective date of this amendment, and one for each additional one	63701
hundred required classroom teachers, as so calculated. The cost of	63702
each supervisory unit shall be the sum of:	63703

(a) The minimum salary prescribed by section 3317.13 of the	63704
Revised Code for the licensed supervisory employee of the	63705
governing board;	63706

(b) An amount equal to fifteen per cent of ~~the~~that salary	63707
~~prescribed by section 3317.13 of the Revised Code~~;	63708

(c) An allowance for necessary travel expenses, limited to	63709
the lesser of two hundred twenty-three dollars and sixteen cents	63710
per month or two thousand six hundred seventy-eight dollars per	63711
year.	63712

(2) If a majority of the boards of education, or	63713
superintendents acting on behalf of the boards, of the local and	63714
client school districts receiving services from the educational	63715
service center agree to receive additional supervisory services	63716
and to pay the cost of a corresponding number of supervisory units	63717
in excess of the services and units specified in division (B)(1)	63718
of this section, the service center shall provide the additional	63719
services as agreed to by the majority of districts to, and the	63720
department of education shall apportion the cost of the	63721
corresponding number of additional supervisory units pursuant to	63722
division (B)(3) of this section among, all of the service center's	63723
local and client school districts.	63724

(3) The department shall apportion the total cost for all	63725
supervisory units among the service center's local and client	63726
school districts based on each district's total student count. The	63727
department shall deduct each district's apportioned share pursuant	63728
to division ~~(E)~~(B) of section 3317.023 of the Revised Code and pay	63729
the apportioned share to the service center.	63730

(C) The department annually shall deduct from each local and	63731
client school district of each educational service center,	63732
pursuant to division ~~(E)~~(B) of section 3317.023 of the Revised	63733
Code, and pay to the service center an amount equal to six dollars	63734
and fifty cents times the school district's total student count.	63735
The board of education, or the superintendent acting on behalf of	63736
the board, of any local or client school district may agree to pay	63737
an amount in excess of six dollars and fifty cents per student in	63738
total student count. If a majority of the boards of education, or	63739
superintendents acting on behalf of the boards, of the local	63740
school districts within a service center's territory approve an	63741
amount in excess of six dollars and fifty cents per student in	63742
total student count, the department shall deduct the approved	63743
excess per student amount from all of the local school districts	63744
within the service center's territory and pay the excess amount to	63745
the service center.	63746

(D) The department shall pay each educational service center	63747
the amounts due to it from school districts pursuant to contracts,	63748
compacts, or agreements under which the service center furnishes	63749
services to the districts or their students. In order to receive	63750
payment under this division, an educational service center shall	63751
furnish either a copy of the contract, compact, or agreement	63752
clearly indicating the amounts of the payments, or a written	63753
statement that clearly indicates the payments owed and is signed	63754
by the superintendent or treasurer of the responsible school	63755
district. The amounts paid to service centers under this division	63756
shall be deducted from payments to school districts pursuant to	63757
division ~~(K)~~(H)(3) of section 3317.023 of the Revised Code.	63758

(E) Each school district's deduction under this section and	63759
divisions ~~(E)~~(B) and ~~(K)~~(H)(3) of section 3317.023 of the Revised	63760
Code shall be made from the total payment computed for the	63761
district under this chapter, after making any other adjustments in	63762
that payment required by law.	63763

(F)(1) Except as provided in division (F)(2) of this section,	63764
the department annually shall pay the governing board of each	63765
educational service center state funds equal to thirty-seven	63766
dollars times its service center ADM.	63767

(2) The department annually shall pay state funds equal to	63768
forty dollars and fifty-two cents times the service center ADM to	63769
each educational service center comprising territory that was	63770
included in the territory of at least three former service centers	63771
or county school districts, which former centers or districts	63772
engaged in one or more mergers under section 3311.053 of the	63773
Revised Code to form the present center.	63774

(G) Each city, exempted village, local, joint vocational, or	63775
cooperative education school district shall pay to the governing	63776
board of an educational service center any amounts agreed to for	63777
each child enrolled in the district who receives special education	63778
and related services or career-technical education from the	63779
educational service center, unless these educational services are	63780
provided pursuant to a contract, compact, or agreement for which	63781
the department deducts and transfers payments under division (D)	63782
of this section and division ~~(K)~~(H)(3) of section 3317.023 of the	63783
Revised Code.	63784

(H) The department annually shall pay the governing board of	63785
each educational service center that has entered into a contract	63786
with a STEM school for the provision of services described in	63787
division (B) of section 3326.45 of the Revised Code state funds	63788
equal to the per-pupil amount specified in the contract for the	63789
provision of those services times the number of students enrolled	63790
in the STEM school.	63791

(I) An educational service center:

63792

(1) May provide special education and career-technical	63793
education to students in its local or client school districts;	63794

(2) Is eligible for transportation funding under division	63795
~~(G)~~(C) of section 3317.024 of the Revised Code ~~and for state~~	63796
~~subsidies for the purchase of school buses under section 3317.07~~	63797
~~of the Revised Code~~;	63798

(3) May apply for and receive gifted education units and	63799
provide gifted education services to students in its local or	63800
client school districts;	63801

(4) May conduct driver education for high school students in	63802
accordance with Chapter 4508. of the Revised Code.	63803

Sec. 3317.12. Any board of education participating in funds	63804
distributed under ~~Chapters 3306. and~~Chapter 3317. of the Revised	63805
Code shall annually adopt a salary schedule for nonteaching school	63806
employees based upon training, experience, and qualifications with	63807
initial salaries no less than the salaries in effect on October	63808
13, 1967. Each board of education shall prepare and may amend from	63809
time to time, specifications descriptive of duties,	63810
responsibilities, requirements, and desirable qualifications of	63811
the classifications of employees required to perform the duties	63812
specified in the salary schedule. All nonteaching school employees	63813
are to be notified of the position classification to which they	63814
are assigned and the salary for the classification. The	63815
compensation of all employees working for a particular school	63816
board shall be uniform for like positions except as compensation	63817
would be affected by salary increments based upon length of	63818
service.	63819

On the fifteenth day of October each year the salary schedule	63820
and the list of job classifications and salaries in effect on that	63821
date shall be filed by each board of education with the	63822
superintendent of public instruction. If such salary schedule and	63823
classification plan is not filed the superintendent of public	63824
instruction shall order the board to file such schedules	63825
forthwith. If this condition is not corrected within ten days	63826
after receipt of the order from the superintendent of public	63827
instruction, no money shall be distributed to the district under	63828
~~Chapters 3306. and~~Chapter 3317. of the Revised Code until the	63829
superintendent has satisfactory evidence of the board of	63830
education's full compliance with such order.	63831

Sec. 3317.16. (A) As used in this section:

63832

(1) The "total special education weight" for a joint	63833
vocational school district shall be calculated in the same manner	63834
as prescribed in section 3317.022 of the Revised Code.	63835

(2) The "total vocational education weight" for a joint	63836
vocational school district shall be calculated in the same manner	63837
as prescribed in section 3317.022 of the Revised Code.	63838

(3) The "total recognized valuation" of a joint vocational	63839
school district shall be determined by adding the recognized	63840
valuations of all its constituent school districts that were	63841
subject to the joint vocational school district's tax levies for	63842
both the current and preceding tax years.	63843

(4) "Resident district" means the city, local, or exempted	63844
village school district in which a student is entitled to attend	63845
school under section 3313.64 or 3313.65 of the Revised Code.	63846

(5) "Community school" means a community school established	63847
under Chapter 3314. of the Revised Code.	63848

(B) The department of education shall compute and distribute	63849
state base cost funding to each joint vocational school district	63850
for the fiscal year in accordance with the following formula:	63851

(formula amount X formula ADM) -	63852

(.0005 X total recognized valuation)	63853

If the difference obtained under this division is a negative	63854
number, the district's computation shall be zero.	63855

(C)(1) The department shall compute and distribute state	63856
vocational education additional weighted costs funds to each joint	63857
vocational school district in accordance with the following	63858
formula:	63859

state share percentage X formula amount X	63860

total vocational education weight	63861

In each fiscal year, a joint vocational school district	63862
receiving funds under division (C)(1) of this section shall spend	63863
those funds only for the purposes the department designates as	63864
approved for vocational education expenses. Vocational educational	63865
expenses approved by the department shall include only expenses	63866
connected to the delivery of career-technical programming to	63867
career-technical students. The department shall require the joint	63868
vocational school district to report data annually so that the	63869
department may monitor the district's compliance with the	63870
requirements regarding the manner in which funding received under	63871
division (C)(1) of this section may be spent.	63872

(2) The department shall compute for each joint vocational	63873
school district state funds for vocational education associated	63874
services costs in accordance with the following formula:	63875

state share percentage X .05 X	63876

the formula amount X the sum of	63877

categories one and two vocational	63878

education ADM	63879

In any fiscal year, a joint vocational school district	63880
receiving funds under division (C)(2) of this section, or through	63881
a transfer of funds pursuant to division ~~(L)~~(I) of section	63882
3317.023 of the Revised Code, shall spend those funds only for the	63883
purposes that the department designates as approved for vocational	63884
education associated services expenses, which may include such	63885
purposes as apprenticeship coordinators, coordinators for other	63886
vocational education services, vocational evaluation, and other	63887
purposes designated by the department. The department may deny	63888
payment under division (C)(2) of this section to any district that	63889
the department determines is not operating those services or is	63890
using funds paid under division (C)(2) of this section, or through	63891
a transfer of funds pursuant to division ~~(L)~~(I) of section	63892
3317.023 of the Revised Code, for other purposes.	63893

(D)(1) The department shall compute and distribute state	63894
special education and related services additional weighted costs	63895
funds to each joint vocational school district in accordance with	63896
the following formula:	63897

state share percentage X formula amount X	63898

total special education weight	63899

(2)(a) As used in this division, the "personnel allowance"	63900
means thirty thousand dollars in fiscal years 2008 and 2009.	63901

(b) For the provision of speech language pathology services	63902
to students, including students who do not have individualized	63903
education programs prepared for them under Chapter 3323. of the	63904
Revised Code, and for no other purpose, the department shall pay	63905
each joint vocational school district an amount calculated under	63906
the following formula:	63907

(formula ADM divided by 2000) X the personnel	63908

allowance X state share percentage	63909

(3) In any fiscal year, a joint vocational school district	63910
shall spend for purposes that the department designates as	63911
approved for special education and related services expenses at	63912
least the amount calculated as follows:	63913

(formula amount X	63914

the sum of categories one through	63915

six special education ADM) +	63916

(total special education weight X	63917

formula amount)	63918

The purposes approved by the department for special education	63919
expenses shall include, but shall not be limited to, compliance	63920
with state rules governing the education of children with	63921
disabilities, providing services identified in a student's	63922
individualized education program as defined in section 3323.01 of	63923
the Revised Code, provision of speech language pathology services,	63924
and the portion of the district's overall administrative and	63925
overhead costs that are attributable to the district's special	63926
education student population.	63927

The department shall require joint vocational school	63928
districts to report data annually to allow for monitoring	63929
compliance with division (D)(3) of this section. The department	63930
shall annually report to the governor and the general assembly the	63931
amount of money spent by each joint vocational school district for	63932
special education and related services.	63933

(4) In any fiscal year, a joint vocational school district	63934
shall spend for the provision of speech language pathology	63935
services not less than the sum of the amount calculated under	63936
division (D)(1) of this section for the students in the district's	63937
category one special education ADM and the amount calculated under	63938
division (D)(2) of this section.	63939

(E)(1) If a joint vocational school district's costs for a	63940
fiscal year for a student in its categories two through six	63941
special education ADM exceed the threshold catastrophic cost for	63942
serving the student, as specified in division (C)(3)(b) of section	63943
3317.022 of the Revised Code, the district may submit to the	63944
superintendent of public instruction documentation, as prescribed	63945
by the superintendent, of all of its costs for that student. Upon	63946
submission of documentation for a student of the type and in the	63947
manner prescribed, the department shall pay to the district an	63948
amount equal to the sum of the following:	63949

(a) One-half of the district's costs for the student in	63950
excess of the threshold catastrophic cost;	63951

(b) The product of one-half of the district's costs for the	63952
student in excess of the threshold catastrophic cost multiplied by	63953
the district's state share percentage.	63954

(2) The district shall only report under division (E)(1) of	63955
this section, and the department shall only pay for, the costs of	63956
educational expenses and the related services provided to the	63957
student in accordance with the student's individualized education	63958
program. Any legal fees, court costs, or other costs associated	63959
with any cause of action relating to the student may not be	63960
included in the amount.	63961

(F) Each fiscal year, the department shall pay each joint	63962
vocational school district an amount for adult technical and	63963
vocational education and specialized consultants.	63964

(G)(1) A joint vocational school district's local share of	63965
special education and related services additional weighted costs	63966
equals:	63967

(1 - state share percentage) X	63968

Total special education weight X	63969

~~the formula amount~~ $5,732	63970

(2) For each student with a disability receiving special	63971
education and related services under an individualized education	63972
program, as defined in section 3323.01 of the Revised Code, at a	63973
joint vocational district, the resident district or, if the	63974
student is enrolled in a community school, the community school	63975
shall be responsible for the amount of any costs of providing	63976
those special education and related services to that student that	63977
exceed the sum of the amount calculated for those services	63978
attributable to that student under divisions (B), (D), (E), and	63979
(G)(1) of this section.	63980

Those excess costs shall be calculated by subtracting the sum	63981
of the following from the actual cost to provide special education	63982
and related services to the student:	63983

(a) The formula amount;

63984

(b) The product of ~~the formula amount~~$5,732 times the	63985
applicable multiple specified in section ~~3306.11~~3317.013 of the	63986
Revised Code as that section existed prior to the effective date	63987
of this amendment;	63988

(c) Any funds paid under division (E) of this section for the	63989
student;	63990

(d) Any other funds received by the joint vocational school	63991
district under this chapter to provide special education and	63992
related services to the student, not including the amount	63993
calculated under division (G)(2) of this section.	63994

(3) The board of education of the joint vocational school	63995
district may report the excess costs calculated under division	63996
(G)(2) of this section to the department of education.	63997

(4) If the board of education of the joint vocational school	63998
district reports excess costs under division (G)(3) of this	63999
section, the department shall pay the amount of excess cost	64000
calculated under division (G)(2) of this section to the joint	64001
vocational school district and shall deduct that amount as	64002
provided in division (G)(4)(a) or (b) of this section, as	64003
applicable:	64004

(a) If the student is not enrolled in a community school, the	64005
department shall deduct the amount from the account of the	64006
student's resident district pursuant to division ~~(M)~~(J) of section	64007
3317.023 of the Revised Code.	64008

(b) If the student is enrolled in a community school, the	64009
department shall deduct the amount from the account of the	64010
community school pursuant to section 3314.083 of the Revised Code.	64011

Sec. 3317.18. (A) As used in this section, the terms	64012
"Chapter 133. securities," "credit enhancement facilities," "debt	64013
charges," "general obligation," "legislation," "public	64014
obligations," and "securities" have the same meanings as in	64015
section 133.01 of the Revised Code.	64016

(B) The board of education of any school district authorizing	64017
the issuance of securities under section 133.10, 133.301, or	64018
3313.372 of the Revised Code or general obligation Chapter 133.	64019
securities may adopt legislation requesting the state department	64020
of education to approve, and enter into an agreement with the	64021
school district and the primary paying agent or fiscal agent for	64022
such securities providing for, the withholding and deposit of	64023
funds, otherwise due the district under ~~Chapters 3306. and~~Chapter	64024
3317. of the Revised Code, for the payment of debt service charges	64025
on such securities.	64026

The board of education shall deliver to the state department	64027
a copy of such resolution and any additional pertinent information	64028
the state department may require.	64029

The department of education and the office of budget and	64030
management shall evaluate each request received from a school	64031
district under this section and the department, with the advice	64032
and consent of the director of budget and management, shall	64033
approve or deny each request based on all of the following:	64034

(1) Whether approval of the request will enhance the	64035
marketability of the securities for which the request is made;	64036

(2) Any other pertinent factors or limitations established in	64037
rules made under division (I) of this section, including:	64038

(a) Current and projected obligations of funds due to the	64039
requesting school district under ~~Chapters 3306. and~~Chapter 3317.	64040
of the Revised Code including obligations of those funds to public	64041
obligations or relevant credit enhancement facilities under this	64042
section, Chapter 133. and section 3313.483 of the Revised Code,	64043
and under any other similar provisions of law;	64044

(b) Whether the department of education or the office of	64045
budget and management has any reason to believe the requesting	64046
school district will be unable to pay when due the debt charges on	64047
the securities for which the request is made.	64048

The department may require a school district to establish	64049
schedules for the payment of all debt charges that take into	64050
account the amount and timing of anticipated distributions of	64051
funds to the district under Chapter 3317. of the Revised Code.	64052

(C) If the department approves the request of a school	64053
district to withhold and deposit funds pursuant to this section,	64054
the department shall enter into a written agreement with the	64055
district and the primary paying agent or fiscal agent for the	64056
securities which shall provide for the withholding of funds	64057
pursuant to this section for the payment of debt charges on those	64058
securities, and may include both of the following:	64059

(1) Provisions for certification by the district to the	64060
department, at a time prior to any date for the payment of	64061
applicable debt charges, whether the district is able to pay those	64062
debt charges when due;	64063

(2) Requirements that the district deposit amounts for the	64064
payment of debt charges on the securities with the primary paying	64065
agent or fiscal agent for the securities prior to the date on	64066
which those debt charge payments are due to the owners or holders	64067
of the securities.	64068

(D) Whenever a district notifies the department of education	64069
that it will be unable to pay debt charges when they are due,	64070
subject to the withholding provisions of this section, or whenever	64071
the applicable paying agent or fiscal agent notifies the	64072
department that it has not timely received from a school district	64073
the full amount needed for the payment when due of those debt	64074
charges to the holders or owners of such securities, the	64075
department shall immediately contact the school district and the	64076
paying agent or fiscal agent to confirm or determine whether the	64077
district is unable to make the required payment by the date on	64078
which it is due.	64079

Upon demand of the treasurer of state while holding a school	64080
district obligation purchased under division (G)(1) of section	64081
135.143 of the Revised Code, the state department of education,	64082
without a request of the school district, shall withhold and	64083
deposit funds pursuant to this section for payment of debt service	64084
charges on that obligation.	64085

If the department confirms or determines that the district	64086
will be unable to make such payment and payment will not be made	64087
pursuant to a credit enhancement facility, the department shall	64088
promptly pay to the applicable primary paying agent or fiscal	64089
agent the lesser of the amount due for debt charges or the amount	64090
due the district for the remainder of the fiscal year under	64091
Chapter 3317. of the Revised Code. If this amount is insufficient	64092
to pay the total amount then due the agent for the payment of debt	64093
charges, the department shall pay to the agent each fiscal year	64094
thereafter, and until the full amount due the agent for unpaid	64095
debt charges is paid in full, the lesser of the remaining amount	64096
due the agent for debt charges or the amount due the district for	64097
the fiscal year under Chapter 3317. of the Revised Code.	64098

(E) The state department may make any payments under this	64099
division by direct deposit of funds by electronic transfer.	64100

Any amount received by a paying agent or fiscal agent under	64101
this section shall be applied only to the payment of debt charges	64102
on the securities of the school district subject to this section	64103
or to the reimbursement to the provider of a credit enhancement	64104
facility that has paid such debt charges.	64105

(F) To the extent a school district whose securities are	64106
subject to this section is unable to pay applicable debt charges	64107
because of the failure to collect property taxes levied for the	64108
payment of those debt charges, the district may transfer to or	64109
deposit into any fund that would have received payments under	64110
~~3306. or~~Chapter 3317. of the Revised Code that were withheld	64111
under this section any such delinquent property taxes when later	64112
collected, provided that transfer or deposit shall be limited to	64113
the amounts withheld from that fund under this section.	64114

(G) The department may make payments under this section to	64115
paying agents or fiscal agents only from and to the extent that	64116
money is appropriated by the general assembly for Chapter 3317. of	64117
the Revised Code or for the purposes of this section. No	64118
securities of a school district to which this section is made	64119
applicable constitute an obligation or a debt or a pledge of the	64120
faith, credit, or taxing power of the state, and the holders or	64121
owners of such securities have no right to have taxes levied or	64122
appropriations made by the general assembly for the payment of	64123
debt charges on those securities, and those securities, if the	64124
department requires, shall contain a statement to that effect. The	64125
agreement for or the actual withholding and payment of moneys	64126
under this section does not constitute the assumption by the state	64127
of any debt of a school district.	64128

(H) In the case of securities subject to the withholding	64129
provisions of this section, the issuing board of education shall	64130
appoint a paying agent or fiscal agent who is not an officer or	64131
employee of the school district.	64132

(I) The department of education, with the advice of the	64133
office of budget and management, may adopt reasonable rules not	64134
inconsistent with this section for the implementation of this	64135
section and division (B) of section 133.25 of the Revised Code as	64136
it relates to the withholding and depositing of payments under	64137
~~Chapters 3306. and~~Chapter 3317. of the Revised Code to secure	64138
payment of debt charges on school district securities. Those rules	64139
shall include criteria for the evaluation and approval or denial	64140
of school district requests for withholding under this section and	64141
limits on the obligation for the purpose of paying debt charges or	64142
reimbursing credit enhancement facilities of funds otherwise to be	64143
paid to school districts under Chapter 3317. of the Revised Code.	64144

(J) The authority granted by this section is in addition to	64145
and not a limitation on any other authorizations granted by or	64146
pursuant to law for the same or similar purposes.	64147

Sec. 3317.19. (A) As used in this section, "total unit	64148
allowance" means an amount equal to the sum of the following:	64149

(1) The total of the salary allowances for the teachers	64150
employed in the cooperative education school district for all	64151
units approved under division (B) or (C) of section 3317.05 of the	64152
Revised Code. The salary allowance for each unit shall equal the	64153
minimum salary for the teacher of the unit calculated on the basis	64154
of the teacher's training level and years of experience pursuant	64155
to the salary schedule prescribed in the version of section	64156
3317.13 of the Revised Code in effect prior to July 1, 2001.	64157

(2) Fifteen per cent of the total computed under division	64158
(A)(1) of this section;	64159

(3) The total of the unit operating allowances for all	64160
approved units. The amount of each allowance shall equal one of	64161
the following:	64162

(a) Eight thousand twenty-three dollars times the number of	64163
units for preschool children with disabilities or fraction thereof	64164
approved for the year under division (B) of section 3317.05 of the	64165
Revised Code;	64166

(b) Two thousand one hundred thirty-two dollars times the	64167
number of units or fraction thereof approved for the year under	64168
division (C) of section 3317.05 of the Revised Code.	64169

(B) The state board of education shall compute and distribute	64170
to each cooperative education school district for each fiscal year	64171
an amount equal to the sum of the following:	64172

(1) An amount equal to the total of the amounts credited to	64173
the cooperative education school district pursuant to division	64174
~~(K)~~(H) of section 3317.023 of the Revised Code;	64175

(2) The total unit allowance;

64176

(3) An amount for assisting in providing free lunches to	64177
needy children ~~and an amount for assisting needy school districts~~	64178
~~in purchasing necessary equipment for food preparation~~ pursuant to	64179
division ~~(H)~~(D) of section 3317.024 of the Revised Code.	64180

(C) If a cooperative education school district has had	64181
additional special education units approved for the year under	64182
division (F)(2) of section 3317.03 of the Revised Code, the	64183
district shall receive an additional amount during the last half	64184
of the fiscal year. For each unit, the additional amount shall	64185
equal fifty per cent of the amount computed under division (A) of	64186
this section for a unit approved under division (B) of section	64187
3317.05 of the Revised Code.	64188

Sec. 3317.20. This section does not apply to preschool	64189
children with disabilities.	64190

(A) As used in this section:

64191

(1) "Applicable weight" means the multiple specified in	64192
section ~~3306.11~~3317.013 of the Revised Code for a disability	64193
described in that section.	64194

(2) "Child's school district" means the school district in	64195
which a child is entitled to attend school pursuant to section	64196
3313.64 or 3313.65 of the Revised Code.	64197

(3) "State share percentage" means the state share percentage	64198
of the child's school district.	64199

(B) Except as provided in division (C) of this section, the	64200
department shall annually pay each county DD board for each child	64201
with a disability, other than a preschool child with a disability,	64202
for whom the county DD board provides special education and	64203
related services an amount equal to the formula amount + (state	64204
share percentage X formula amount X the applicable weight).	64205

(C) If any school district places with a county DD board more	64206
children with disabilities than it had placed with a county DD	64207
board in fiscal year 1998, the department shall not make a payment	64208
under division (B) of this section for the number of children	64209
exceeding the number placed in fiscal year 1998. The department	64210
instead shall deduct from the district's payments under this	64211
chapter ~~and Chapter 3306. of the Revised Code~~, and pay to the	64212
county DD board, an amount calculated in accordance with the	64213
formula prescribed in division (B) of this section for each child	64214
over the number of children placed in fiscal year 1998.	64215

(D) The department shall calculate for each county DD board	64216
receiving payments under divisions (B) and (C) of this section the	64217
following amounts:	64218

(1) The amount received by the county DD board for approved	64219
special education and related services units, other than units	64220
for preschool children with disabilities, in fiscal year 1998,	64221
divided by the total number of children served in the units that	64222
year;	64223

(2) The product of the quotient calculated under division	64224
(D)(1) of this section times the number of children for whom	64225
payments are made under divisions (B) and (C) of this section.	64226

If the amount calculated under division (D)(2) of this	64227
section is greater than the total amount calculated under	64228
divisions (B) and (C) of this section, the department shall pay	64229
the county DD board one hundred per cent of the difference in	64230
addition to the payments under divisions (B) and (C) of this	64231
section.	64232

(E) Each county DD board shall report to the department, in	64233
the manner specified by the department, the name of each child for	64234
whom the county DD board provides special education and related	64235
services and the child's school district.	64236

(F)(1) For the purpose of verifying the accuracy of the	64237
payments under this section, the department may request from	64238
either of the following entities the data verification code	64239
assigned under division (D)(2) of section 3301.0714 of the Revised	64240
Code to any child who is placed with a county DD board:	64241

(a) The child's school district;

64242

(b) The independent contractor engaged to create and maintain	64243
data verification codes.	64244

(2) Upon a request by the department under division (F)(1) of	64245
this section for the data verification code of a child, the	64246
child's school district shall submit that code to the department	64247
in the manner specified by the department. If the child has not	64248
been assigned a code, the district shall assign a code to that	64249
child and submit the code to the department by a date specified by	64250
the department. If the district does not assign a code to the	64251
child by the specified date, the department shall assign a code to	64252
the child.	64253

The department annually shall submit to each school district	64254
the name and data verification code of each child residing in the	64255
district for whom the department has assigned a code under this	64256
division.	64257

(3) The department shall not release any data verification	64258
code that it receives under division (F) of this section to any	64259
person except as provided by law.	64260

(G) Any document relative to special education and related	64261
services provided by a county DD board that the department holds	64262
in its files that contains both a student's name or other	64263
personally identifiable information and the student's data	64264
verification code shall not be a public record under section	64265
149.43 of the Revised Code.	64266

Sec. 3317.201. This section does not apply to preschool	64267
children with disabilities.	64268

(A) As used in this section, the "total special education	64269
weight" for an institution means the sum of the following amounts:	64270

(1) The number of children reported by the institution under	64271
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	64272
receiving services for a disability described in division	64273
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code	64274
multiplied by the multiple specified in that division;	64275

(2) The number of children reported by the institution under	64276
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	64277
receiving services for a disability described in division	64278
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code	64279
multiplied by the multiple specified in that division;	64280

(3) The number of children reported by the institution under	64281
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	64282
receiving services for a disability described in division	64283
~~(D)(3)~~(C) of section ~~3306.02~~3317.013 of the Revised Code	64284
multiplied by the multiple specified in that division;	64285

(4) The number of children reported by the institution under	64286
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	64287
receiving services for a disability described in division (D)~~(4)~~	64288
of section ~~3306.02~~3317.013 of the Revised Code multiplied by the	64289
multiple specified in that division;	64290

(5) The number of children reported by the institution under	64291
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	64292
receiving services for a disability described in division	64293
~~(D)(5)~~(E) of section ~~3306.02~~3317.013 of the Revised Code	64294
multiplied by the multiple specified in that division;	64295

(6) The number of children reported by the institution under	64296
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	64297
receiving services for a disability described in division	64298
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code	64299
multiplied by the multiple specified in that division.	64300

(B) For each fiscal year, the department of education shall	64301
pay each state institution required to provide special education	64302
services under division (A) of section 3323.091 of the Revised	64303
Code an amount equal to the greater of:	64304

(1) The formula amount times the institution's total special	64305
education weight;	64306

(2) The aggregate amount of special education and related	64307
services unit funding the institution received for all children	64308
with disabilities other than preschool children with disabilities	64309
in fiscal year 2005 under sections 3317.052 and 3317.053 of the	64310
Revised Code, as those sections existed prior to June 30, 2005.	64311

Sec. 3318.011. For purposes of providing assistance under	64312
sections 3318.01 to 3318.20 of the Revised Code, the department of	64313
education shall annually do all of the following:	64314

(A) Calculate the adjusted valuation per pupil of each city,	64315
local, and exempted village school district according to the	64316
following formula:	64317

The district's valuation per pupil -	64318

[$30,000 X (1 - the district's income factor)].	64319

For purposes of this calculation:

64320

(1) Except for a district with an open enrollment net gain	64321
that is ten per cent or more of its formula ADM, "valuation per	64322
pupil" for a district means its average taxable value, divided by	64323
its formula ADM for the previous fiscal year. "Valuation per	64324
pupil," for a district with an open enrollment net gain that is	64325
ten per cent or more of its formula ADM, means its average taxable	64326
value, divided by the sum of its formula ADM for the previous	64327
fiscal year plus its open enrollment net gain for the previous	64328
fiscal year.	64329

(2) ~~"Average~~Except for a tangible personal property	64330
phase-out impacted district, "average taxable value" means the	64331
average of the sum of the amounts certified for a district under	64332
divisions (A)(1) and (2) of section 3317.021 of the Revised Code	64333
in the second, third, and fourth preceding fiscal years. For a	64334
tangible personal property phase-out impacted district, "average	64335
taxable value" means the average of the sum of the amounts	64336
certified for the district under division (A)(1) and as public	64337
utility personal property under division (A)(2) of section	64338
3317.021 of the Revised Code in the second, third, and fourth	64339
preceding fiscal years.	64340

(3) "Entitled to attend school" means entitled to attend	64341
school in a city, local, or exempted village school district under	64342
section 3313.64 or 3313.65 of the Revised Code.	64343

(4) "Formula ADM" and "income factor" have the same meanings	64344
as in section 3317.02 of the Revised Code.	64345

(5) "Native student" has the same meaning as in section	64346
3313.98 of the Revised Code.	64347

(6) "Open enrollment net gain" for a district means (a) the	64348
number of the students entitled to attend school in another	64349
district but who are enrolled in the schools of the district under	64350
its open enrollment policy minus (b) the number of the district's	64351
native students who are enrolled in the schools of another	64352
district under the other district's open enrollment policy, both	64353
numbers as certified to the department under section 3313.981 of	64354
the Revised Code. If the difference is a negative number, the	64355
district's "open enrollment net gain" is zero.	64356

(7) "Open enrollment policy" means an interdistrict open	64357
enrollment policy adopted under section 3313.98 of the Revised	64358
Code.	64359

(8) "Tangible personal property phase-out impacted district"	64360
means a school district for which the taxable value of its	64361
tangible personal property certified under division (A)(2) of	64362
section 3317.021 of the Revised Code for tax year 2005, excluding	64363
the taxable value of public utility personal property, made up	64364
eighteen per cent or more of its total taxable value for tax year	64365
2005 as certified under that section.	64366

(B) Calculate for each district the three-year average of the	64367
adjusted valuations per pupil calculated for the district for the	64368
current and two preceding fiscal years;	64369

(C) Rank all such districts in order of adjusted valuation	64370
per pupil from the district with the lowest three-year average	64371
adjusted valuation per pupil to the district with the highest	64372
three-year average adjusted valuation per pupil;	64373

(D) Divide such ranking into percentiles with the first	64374
percentile containing the one per cent of school districts having	64375
the lowest three-year average adjusted valuations per pupil and	64376
the one-hundredth percentile containing the one per cent of school	64377
districts having the highest three-year average adjusted	64378
valuations per pupil;	64379

(E) Determine the school districts that have three-year	64380
average adjusted valuations per pupil that are greater than the	64381
median three-year average adjusted valuation per pupil for all	64382
school districts in the state;	64383

(F) On or before the first day of September, certify the	64384
information described in divisions (A) to (E) of this section to	64385
the Ohio school facilities commission.	64386

Sec. 3318.032. (A) Except as otherwise provided in divisions	64387
(C) and (D) of this section, the portion of the basic project cost	64388
supplied by the school district shall be the greater of:	64389

(1) The required percentage of the basic project costs;

64390

(2)(a) For all districts except a district that opts to	64391
divide its entire classroom facilities needs into segments to be	64392
completed separately as authorized by section 3318.034 of the	64393
Revised Code, an amount necessary to raise the school district's	64394
net bonded indebtedness, as of the date the controlling board	64395
approved the project, to within five thousand dollars of the	64396
required level of indebtedness;	64397

(b) For a district that opts to divide its entire classroom	64398
facilities needs into segments to be completed separately as	64399
authorized by section 3318.034 of the Revised Code, an amount	64400
necessary to raise the school district's net bonded indebtedness,	64401
as of the date the controlling board approved the project, to	64402
within five thousand dollars of the following:	64403

The required level of indebtedness X (the basic	64404

project cost of the segment as approved	64405

by the controlling board / the estimated basic	64406

project cost of the district's entire classroom facilities	64407

needs as determined jointly by the staff of the Ohio	64408

school facilities commission and the district)	64409

(B) The amount of the district's share determined under this	64410
section shall be calculated only as of the date the controlling	64411
board approved the project, and that amount applies throughout the	64412
~~one-year~~thirteen-month period permitted under section 3318.05 of	64413
the Revised Code for the district's electors to approve the	64414
propositions described in that section. If the amount reserved and	64415
encumbered for a project is released because the electors do not	64416
approve those propositions within that ~~year~~period, and the school	64417
district later receives the controlling board's approval for the	64418
project, subject to a new project scope and estimated costs under	64419
section 3318.054 of the Revised Code, the district's portion shall	64420
be recalculated in accordance with this section as of the date of	64421
the controlling board's subsequent approval.	64422

(C) At no time shall a school district's portion of the basic	64423
project cost be greater than ninety-five per cent of the total	64424
basic project cost.	64425

(D) If the controlling board approves a project under	64426
sections 3318.01 to 3318.20 of the Revised Code for a school	64427
district that previously received assistance under those sections	64428
or section 3318.37 of the Revised Code within the twenty-year	64429
period prior to the date on which the controlling board approves	64430
the new project, the district's portion of the basic project cost	64431
for the new project shall be the lesser of the following:	64432

(1) The portion calculated under division (A) of this	64433
section;	64434

(2) The greater of the following:

64435

(a) The required percentage of the basic project costs for	64436
the new project;	64437

(b) The percentage of the basic project cost paid by the	64438
district for the previous project.	64439

Sec. 3318.034. (A) This section applies to both of the	64440
following:	64441

(1) Any school district that has not executed an agreement	64442
for a project under sections 3318.01 to 3318.20 of the Revised	64443
Code prior to ~~the effective date of this section~~June 24, 2008;	64444

(2) Any school district that is eligible for additional	64445
assistance under sections 3318.01 to 3318.20 of the Revised Code	64446
pursuant to division (B)(2) of section 3318.04 of the Revised	64447
Code.	64448

Notwithstanding any provision of this chapter to the	64449
contrary, with the approval of the Ohio school facilities	64450
commission, any school district to which this section applies may	64451
opt to divide the district's entire classroom facilities needs, as	64452
those needs are jointly determined by the staff of the commission	64453
and the school district, into discrete segments and shall comply	64454
with all of the provisions of those sections unless otherwise	64455
provided in this section.	64456

(B) ~~Each~~Except as provided in division (C) of this section,	64457
each segment shall comply with all of the following:	64458

(1) The segment shall consist of the new construction of one	64459
or more entire buildings or the complete renovation of one or more	64460
entire existing buildings, with any necessary additions to that	64461
building.	64462

(2) The segment shall not include any construction of or	64463
renovation or repair to any building that does not complete the	64464
needs of the district with respect to that particular building at	64465
the time the segment is completed.	64466

(3) The segment shall consist of new construction,	64467
renovations, additions, reconstruction, or repair of classroom	64468
facilities to the extent that the school district portion, as	64469
determined under section 3318.032 of the Revised Code, is an	64470
amount not less than the product of 0.040 times the district's	64471
valuation at the time the agreement for the segment is executed,	64472
unless the district previously has undertaken a segment under this	64473
section and the district's portion of the estimated basic project	64474
cost of the remainder of its entire classroom facilities needs, as	64475
determined jointly by the staff of the commission and the	64476
district, is less than the amount otherwise required by this	64477
division.	64478

(C) A district described in division (A)(2) of this section	64479
that has not received the additional assistance authorized under	64480
division (B)(2) of section 3318.04 of the Revised Code may	64481
undertake a segment, with commission approval, for the purpose of	64482
renovating or replacing work performed on a facility under the	64483
district's prior project. The commission may approve that segment	64484
if the commission determines that the renovation or replacement is	64485
necessary to protect the facility. The basic project cost of the	64486
segment shall be allocated between the state and the district in	64487
accordance with section 3318.032 of the Revised Code. However, the	64488
requirements of division (B) of this section shall not apply to a	64489
segment undertaken under this division.	64490

(D) The commission shall conditionally approve and seek	64491
controlling board approval in accordance with division (A) of	64492
section 3318.04 of the Revised Code of each segment.	64493

~~(D)~~(E) The school district's maintenance levy requirement, as	64494
defined in section 3318.18 of the Revised Code, shall run for	64495
twenty-three years from the date the first segment is undertaken;	64496
however, the maintenance levy requirement does not apply to a	64497
segment undertaken under division (C) of this section.	64498

Sec. 3318.05. The conditional approval of the Ohio school	64499
facilities commission for a project shall lapse and the amount	64500
reserved and encumbered for such project shall be released unless	64501
the school district board accepts such conditional approval within	64502
one hundred twenty days following the date of certification of the	64503
conditional approval to the school district board and the electors	64504
of the school district vote favorably on both of the propositions	64505
described in divisions (A) and (B) of this section within ~~one year~~	64506
thirteen months of the date of such certification, except that a	64507
school district described in division (C) of this section does not	64508
need to submit the proposition described in division (B) of this	64509
section. The propositions described in divisions (A) and (B) of	64510
this section shall be combined in a single proposal. If the	64511
district board or the district's electors fail to meet such	64512
requirements and the amount reserved and encumbered for the	64513
district's project is released, the district shall be given first	64514
priority for project funding as such funds become available,	64515
subject to section 3318.054 of the Revised Code.	64516

(A) On the question of issuing bonds of the school district	64517
board, for the school district's portion of the basic project	64518
cost, in an amount equal to the school district's portion of the	64519
basic project cost less the amount of the proceeds of any	64520
securities authorized or to be authorized under division (J) of	64521
section 133.06 of the Revised Code and dedicated by the school	64522
district board to payment of the district's portion of the basic	64523
project cost; and	64524

(B) On the question of levying a tax the proceeds of which	64525
shall be used to pay the cost of maintaining the classroom	64526
facilities included in the project. Such tax shall be at the rate	64527
of not less than one-half mill for each dollar of valuation for a	64528
period of twenty-three years, subject to any extension approved	64529
under section 3318.061 of the Revised Code.	64530

(C) If a school district has in place a tax levied under	64531
section 5705.21 of the Revised Code for general permanent	64532
improvements for a continuing period of time and the proceeds of	64533
such tax can be used for maintenance, or if a district agrees to	64534
the transfers described in section 3318.051 of the Revised Code,	64535
the school district need not levy the additional tax required	64536
under division (B) of this section, provided the school district	64537
board includes in the agreement entered into under section 3318.08	64538
of the Revised Code provisions either:	64539

(1) Earmarking an amount from the proceeds of that permanent	64540
improvement tax for maintenance of classroom facilities equivalent	64541
to the amount of the additional tax and for the equivalent number	64542
of years otherwise required under this section;	64543

(2) Requiring the transfer of money in accordance with	64544
section 3318.051 of the Revised Code.	64545

The district board subsequently may rescind the agreement to	64546
make the transfers under section 3318.051 of the Revised Code only	64547
so long as the electors of the district have approved, in	64548
accordance with section 3318.063 of the Revised Code, the levy of	64549
a tax for the maintenance of the classroom facilities acquired	64550
under the district's project and that levy continues to be	64551
collected as approved by the electors.	64552

(D) Proceeds of the tax to be used for maintenance of the	64553
classroom facilities under either division (B) or (C)(1) of this	64554
section, and transfers of money in accordance with section	64555
3318.051 of the Revised Code shall be deposited into a separate	64556
fund established by the school district for such purpose.	64557

Sec. 3318.051. (A) Any city, exempted village, or local	64558
school district that commences a project under sections 3318.01 to	64559
3318.20, 3318.36, 3318.37, or 3318.38 of the Revised Code on or	64560
after September 5, 2006, need not levy the tax otherwise required	64561
under division (B) of section 3318.05 of the Revised Code, if the	64562
district board of education adopts a resolution petitioning the	64563
Ohio school facilities commission to approve the transfer of money	64564
in accordance with this section and the commission approves that	64565
transfer. If so approved, the commission and the district board	64566
shall enter into an agreement under which the board, in each of	64567
twenty-three consecutive years beginning in the year in which the	64568
board and the commission enter into the project agreement under	64569
section 3318.08 of the Revised Code, shall transfer into the	64570
maintenance fund required by division (D) of section 3318.05 of	64571
the Revised Code not less than an amount equal to one-half mill	64572
for each dollar of the district's valuation unless and until the	64573
agreement to make those transfers is rescinded by the district	64574
board pursuant to division (F) of this section.	64575

(B) On the first day of July each year, or on an alternative	64576
date prescribed by the commission, the district treasurer shall	64577
certify to the commission and the auditor of state that the amount	64578
required for the year has been transferred. The auditor of state	64579
shall include verification of the transfer as part of any audit of	64580
the district under section 117.11 of the Revised Code. If the	64581
auditor of state finds that less than the required amount has been	64582
deposited into a district's maintenance fund, the auditor of state	64583
shall notify the district board of education in writing of that	64584
fact and require the board to deposit into the fund, within ninety	64585
days after the date of the notice, the amount by which the fund is	64586
deficient for the year. If the district board fails to demonstrate	64587
to the auditor of state's satisfaction that the board has made the	64588
deposit required in the notice, the auditor of state shall notify	64589
the department of education. At that time, the department shall	64590
withhold an amount equal to ten per cent of the district's funds	64591
calculated for the current fiscal year under ~~Chapters 3306. and~~	64592
Chapter 3317. of the Revised Code until the auditor of state	64593
notifies the department that the auditor of state is satisfied	64594
that the board has made the required transfer.	64595

(C) Money transferred to the maintenance fund shall be used	64596
for the maintenance of the facilities acquired under the	64597
district's project.	64598

(D) The transfers to the maintenance fund under this section	64599
does not affect a district's obligation to establish and maintain	64600
a capital and maintenance fund under section 3315.18 of the	64601
Revised Code.	64602

(E) Any decision by the commission to approve or not approve	64603
the transfer of money under this section is final and not subject	64604
to appeal. The commission shall not be responsible for errors or	64605
miscalculations made in deciding whether to approve a petition to	64606
make transfers under this section.	64607

(F) If the district board determines that it no longer can	64608
continue making the transfers agreed to under this section, the	64609
board may rescind the agreement only so long as the electors of	64610
the district have approved, in accordance with section 3318.063 of	64611
the Revised Code, the levy of a tax for the maintenance of the	64612
classroom facilities acquired under the district's project and	64613
that levy continues to be collected as approved by the electors.	64614
That levy shall be for a number of years that is equal to the	64615
difference between twenty-three years and the number of years that	64616
the district made transfers under this section and shall be at the	64617
rate of not less than one-half mill for each dollar of the	64618
district's valuation. The district board shall continue to make	64619
the transfers agreed to under this section until that levy has	64620
been approved by the electors.	64621

Sec. 3318.054. (A) If conditional approval of a city,	64622
exempted village, or local school district's project lapses as	64623
provided in section 3318.05 of the Revised Code, or if conditional	64624
approval of a joint vocational school district's project lapses as	64625
provided in division (D) of section 3318.41 of the Revised Code,	64626
because the district's electors have not approved the ballot	64627
measures necessary to generate the district's portion of the basic	64628
project cost, and if the district board desires to seek a new	64629
conditional approval of the project, the district board shall	64630
request that the Ohio school facilities commission set the scope,	64631
basic project cost, and school district portion of the basic	64632
project cost prior to resubmitting the ballot measures to the	64633
electors. To do so, the commission shall use the district's	64634
current assessed tax valuation and the district's percentile for	64635
the prior fiscal year. For a district that has entered into an	64636
agreement under section 3318.36 of the Revised Code and desires to	64637
proceed with a project under sections 3318.01 to 3318.20 of the	64638
Revised Code, the district's portion of the basic project cost	64639
shall be the percentage specified in that agreement. The project	64640
scope and basic costs established under this division shall be	64641
valid for one year from the date the commission approves them.	64642

(B) Upon the commission's approval under division (A) of this	64643
section, the district board may submit the ballot measures to the	64644
district's electors for approval of the project based on the new	64645
project scope and estimated costs. Upon electoral approval of	64646
those measures, the district shall be given first priority for	64647
project funding as such funds become available.	64648

(C) When the commission determines that funds are available	64649
for the district's project, the commission shall do all of the	64650
following:	64651

(1) Determine the school district portion of the basic	64652
project cost under section 3318.032 of the Revised Code, in the	64653
case of a city, exempted village, or local school district, or	64654
under section 3318.42 of the Revised Code, in the case of a joint	64655
vocational school district;	64656

(2) Conditionally approve the project and submit it to the	64657
controlling board for approval pursuant to section 3318.04 of the	64658
Revised Code;	64659

(3) Encumber funds for the project under section 3318.11 of	64660
the Revised Code;	64661

(4) Enter into an agreement with the district board under	64662
section 3318.08 of the Revised Code.	64663

Sec. 3318.08. Except in the case of a joint vocational	64664
school district that receives assistance under sections 3318.40 to	64665
3318.45 of the Revised Code, if the requisite favorable vote on	64666
the election is obtained, or if the school district board has	64667
resolved to apply the proceeds of a property tax levy or the	64668
proceeds of an income tax, or a combination of proceeds from such	64669
taxes, as authorized in section 3318.052 of the Revised Code, the	64670
Ohio school facilities commission, upon certification to it of	64671
either the results of the election or the resolution under section	64672
3318.052 of the Revised Code, shall enter into a written agreement	64673
with the school district board for the construction and sale of	64674
the project. In the case of a joint vocational school district	64675
that receives assistance under sections 3318.40 to 3318.45 of the	64676
Revised Code, if the school district board of education and the	64677
school district electors have satisfied the conditions prescribed	64678
in division (D)(1) of section 3318.41 of the Revised Code, the	64679
commission shall enter into an agreement with the school district	64680
board for the construction and sale of the project. In either	64681
case, the agreement shall include, but need not be limited to, the	64682
following provisions:	64683

(A) The sale and issuance of bonds or notes in anticipation	64684
thereof, as soon as practicable after the execution of the	64685
agreement, in an amount equal to the school district's portion of	64686
the basic project cost, including any securities authorized under	64687
division (J) of section 133.06 of the Revised Code and dedicated	64688
by the school district board to payment of the district's portion	64689
of the basic project cost of the project; provided, that if at	64690
that time the county treasurer of each county in which the school	64691
district is located has not commenced the collection of taxes on	64692
the general duplicate of real and public utility property for the	64693
year in which the controlling board approved the project, the	64694
school district board shall authorize the issuance of a first	64695
installment of bond anticipation notes in an amount specified by	64696
the agreement, which amount shall not exceed an amount necessary	64697
to raise the net bonded indebtedness of the school district as of	64698
the date of the controlling board's approval to within five	64699
thousand dollars of the required level of indebtedness for the	64700
preceding year. In the event that a first installment of bond	64701
anticipation notes is issued, the school district board shall, as	64702
soon as practicable after the county treasurer of each county in	64703
which the school district is located has commenced the collection	64704
of taxes on the general duplicate of real and public utility	64705
property for the year in which the controlling board approved the	64706
project, authorize the issuance of a second and final installment	64707
of bond anticipation notes or a first and final issue of bonds.	64708

The combined value of the first and second installment of	64709
bond anticipation notes or the value of the first and final issue	64710
of bonds shall be equal to the school district's portion of the	64711
basic project cost. The proceeds of any such bonds shall be used	64712
first to retire any bond anticipation notes. Otherwise, the	64713
proceeds of such bonds and of any bond anticipation notes, except	64714
the premium and accrued interest thereon, shall be deposited in	64715
the school district's project construction fund. In determining	64716
the amount of net bonded indebtedness for the purpose of fixing	64717
the amount of an issue of either bonds or bond anticipation notes,	64718
gross indebtedness shall be reduced by moneys in the bond	64719
retirement fund only to the extent of the moneys therein on the	64720
first day of the year preceding the year in which the controlling	64721
board approved the project. Should there be a decrease in the tax	64722
valuation of the school district so that the amount of	64723
indebtedness that can be incurred on the tax duplicates for the	64724
year in which the controlling board approved the project is less	64725
than the amount of the first installment of bond anticipation	64726
notes, there shall be paid from the school district's project	64727
construction fund to the school district's bond retirement fund to	64728
be applied against such notes an amount sufficient to cause the	64729
net bonded indebtedness of the school district, as of the first	64730
day of the year following the year in which the controlling board	64731
approved the project, to be within five thousand dollars of the	64732
required level of indebtedness for the year in which the	64733
controlling board approved the project. The maximum amount of	64734
indebtedness to be incurred by any school district board as its	64735
share of the cost of the project is either an amount that will	64736
cause its net bonded indebtedness, as of the first day of the year	64737
following the year in which the controlling board approved the	64738
project, to be within five thousand dollars of the required level	64739
of indebtedness, or an amount equal to the required percentage of	64740
the basic project costs, whichever is greater. All bonds and bond	64741
anticipation notes shall be issued in accordance with Chapter 133.	64742
of the Revised Code, and notes may be renewed as provided in	64743
section 133.22 of the Revised Code.	64744

(B) The transfer of such funds of the school district board	64745
available for the project, together with the proceeds of the sale	64746
of the bonds or notes, except premium, accrued interest, and	64747
interest included in the amount of the issue, to the school	64748
district's project construction fund;	64749

(C) For all school districts except joint vocational school	64750
districts that receive assistance under sections 3318.40 to	64751
3318.45 of the Revised Code, the following provisions as	64752
applicable:	64753

(1) If section 3318.052 of the Revised Code applies, the	64754
earmarking of the proceeds of a tax levied under section 5705.21	64755
of the Revised Code for general permanent improvements or under	64756
section 5705.218 of the Revised Code for the purpose of permanent	64757
improvements, or the proceeds of a school district income tax	64758
levied under Chapter 5748. of the Revised Code, or the proceeds	64759
from a combination of those two taxes, in an amount to pay all or	64760
part of the service charges on bonds issued to pay the school	64761
district portion of the project and an amount equivalent to all or	64762
part of the tax required under division (B) of section 3318.05 of	64763
the Revised Code;	64764

(2) If section 3318.052 of the Revised Code does not apply,	64765
one of the following:	64766

(a) The levy of the tax authorized at the election for the	64767
payment of maintenance costs, as specified in division (B) of	64768
section 3318.05 of the Revised Code;	64769

(b) If the school district electors have approved a	64770
continuing tax for general permanent improvements under section	64771
5705.21 of the Revised Code and that tax can be used for	64772
maintenance, the earmarking of an amount of the proceeds from such	64773
tax for maintenance of classroom facilities as specified in	64774
division (B) of section 3318.05 of the Revised Code;	64775

(c) If, in lieu of the tax otherwise required under division	64776
(B) of section 3318.05 of the Revised Code, the commission has	64777
approved the transfer of money to the maintenance fund in	64778
accordance with section 3318.051 of the Revised Code, a	64779
requirement that the district board comply with the provisions	64780
that section. The district board may rescind the provision	64781
prescribed under division (C)(2)(c) of this section only so long	64782
as the electors of the district have approved, in accordance with	64783
section 3318.063 of the Revised Code, the levy of a tax for the	64784
maintenance of the classroom facilities acquired under the	64785
district's project and that levy continues to be collected as	64786
approved by the electors.	64787

(D) For joint vocational school districts that receive	64788
assistance under sections 3318.40 to 3318.45 of the Revised Code,	64789
provision for deposit of school district moneys dedicated to	64790
maintenance of the classroom facilities acquired under those	64791
sections as prescribed in section 3318.43 of the Revised Code;	64792

(E) Dedication of any local donated contribution as provided	64793
for under section 3318.084 of the Revised Code, including a	64794
schedule for depositing such moneys applied as an offset of the	64795
district's obligation to levy the tax described in division (B) of	64796
section 3318.05 of the Revised Code as required under division	64797
(D)(2) of section 3318.084 of the Revised Code;	64798

(F) Ownership of or interest in the project during the period	64799
of construction, which shall be divided between the commission and	64800
the school district board in proportion to their respective	64801
contributions to the school district's project construction fund;	64802

(G) Maintenance of the state's interest in the project until	64803
any obligations issued for the project under section 3318.26 of	64804
the Revised Code are no longer outstanding;	64805

(H) The insurance of the project by the school district from	64806
the time there is an insurable interest therein and so long as the	64807
state retains any ownership or interest in the project pursuant to	64808
division (F) of this section, in such amounts and against such	64809
risks as the commission shall require; provided, that the cost of	64810
any required insurance until the project is completed shall be a	64811
part of the basic project cost;	64812

(I) The certification by the director of budget and	64813
management that funds are available and have been set aside to	64814
meet the state's share of the basic project cost as approved by	64815
the controlling board pursuant to either section 3318.04 or	64816
division (B)(1) of section 3318.41 of the Revised Code;	64817

(J) Authorization of the school district board to advertise	64818
for and receive construction bids for the project, for and on	64819
behalf of the commission, and to award contracts in the name of	64820
the state subject to approval by the commission;	64821

(K) Provisions for the disbursement of moneys from the school	64822
district's project account upon issuance by the commission or the	64823
commission's designated representative of vouchers for work done	64824
to be certified to the commission by the treasurer of the school	64825
district board;	64826

(L) Disposal of any balance left in the school district's	64827
project construction fund upon completion of the project;	64828

(M) Limitations upon use of the project or any part of it so	64829
long as any obligations issued to finance the project under	64830
section 3318.26 of the Revised Code are outstanding;	64831

(N) Provision for vesting the state's interest in the project	64832
to the school district board when the obligations issued to	64833
finance the project under section 3318.26 of the Revised Code are	64834
outstanding;	64835

(O) Provision for deposit of an executed copy of the	64836
agreement in the office of the commission;	64837

(P) Provision for termination of the contract and release of	64838
the funds encumbered at the time of the conditional approval, if	64839
the proceeds of the sale of the bonds of the school district board	64840
are not paid into the school district's project construction fund	64841
and if bids for the construction of the project have not been	64842
taken within such period after the execution of the agreement as	64843
may be fixed by the commission;	64844

(Q) Provision for the school district to maintain the project	64845
in accordance with a plan approved by the commission;	64846

(R)~~(1) For all school districts except a district undertaking~~	64847
~~a project under section 3318.38 of the Revised Code or a joint~~	64848
~~vocational school district undertaking a project under sections~~	64849
~~3318.40 to 3318.45 of the Revised Code, provision~~Provision that	64850
all state funds reserved and encumbered to pay the state share of	64851
the cost of the project ~~pursuant to section 3318.03 of the Revised~~	64852
~~Code be spent on the construction or acquisition of the project~~	64853
~~prior to the expenditure of any~~and the funds provided by the	64854
school district to pay for its share of the project cost, ~~unless~~	64855
including the respective shares of the cost of a segment if the	64856
project is divided into segments, be spent on the construction and	64857
acquisition of the project or segment simultaneously in proportion	64858
to the state's and the school district's respective shares of that	64859
basic project cost as determined under section 3318.032 of the	64860
Revised Code or, if the district is a joint vocational school	64861
district, under section 3318.42 of the Revised Code. However, if	64862
the school district certifies to the commission that expenditure	64863
by the school district is necessary to maintain the federal tax	64864
status or tax-exempt status of notes or bonds issued by the school	64865
district to pay for its share of the project cost or to comply	64866
with applicable temporary investment periods or spending	64867
exceptions to rebate as provided for under federal law in regard	64868
to those notes or bonds, ~~in which cases,~~ the school district may	64869
commit to spend, or spend, a greater portion of the funds it	64870
provides;	64871

~~(2) For a school district undertaking a project under section~~	64872
~~3318.38 of the Revised Code or a joint vocational school district~~	64873
~~undertaking a project under sections 3318.40 to 3318.45 of the~~	64874
~~Revised Code, provision that the state funds reserved and~~	64875
~~encumbered and the funds provided by the school district to pay~~	64876
~~the basic project cost of any segment of the project, or of the~~	64877
~~entire project if it is not divided into segments, be spent on the~~	64878
~~construction and acquisition of the project simultaneously in~~	64879
~~proportion to the state's and the school district's respective~~	64880
~~shares of that basic project cost as determined under section~~	64881
~~3318.032 of the Revised Code or, if the district is a joint~~	64882
~~vocational school district, under section 3318.42 of the Revised~~	64883
~~Code~~during any specific period than would otherwise be required	64884
under this division.	64885

(S) A provision stipulating that the commission may prohibit	64886
the district from proceeding with any project if the commission	64887
determines that the site is not suitable for construction	64888
purposes. The commission may perform soil tests in its	64889
determination of whether a site is appropriate for construction	64890
purposes.	64891

(T) A provision stipulating that, unless otherwise authorized	64892
by the commission, any contingency reserve portion of the	64893
construction budget prescribed by the commission shall be used	64894
only to pay costs resulting from unforeseen job conditions, to	64895
comply with rulings regarding building and other codes, to pay	64896
costs related to design clarifications or corrections to contract	64897
documents, and to pay the costs of settlements or judgments	64898
related to the project as provided under section 3318.086 of the	64899
Revised Code;	64900

(U) Provision stipulating that for continued release of	64901
project funds the school district board shall comply with section	64902
3313.41 of the Revised Code throughout the project and shall	64903
notify the department of education and the Ohio community school	64904
association when the board plans to dispose of facilities by sale	64905
under that section;	64906

(V) Provision that the commission shall not approve a	64907
contract for demolition of a facility until the school district	64908
board has complied with section 3313.41 of the Revised Code	64909
relative to that facility, unless demolition of that facility is	64910
to clear a site for construction of a replacement facility	64911
included in the district's project.	64912

Sec. 3318.111. For a contract for the construction of a	64913
project using assistance provided under this chapter, a school	64914
district board, with the approval of the Ohio school facilities	64915
commission, may enter into a contract with a construction manager	64916
at risk pursuant to section 9.334 of the Revised Code or a	64917
design-build firm pursuant to section 153.693 of the Revised Code,	64918
or a contract for the work described in division (B)(2) of section	64919
153.52 of the Revised Code, provided that any such contract	64920
entered into by the school district adheres to a11 applicable	64921
requirements imposed on such a contract pursuant to sections 9.33	64922
to 9.335 and Chapter 153. of the Revised Code.	64923

Sec. 3318.12. (A) The Ohio school facilities commission shall	64924
cause to be transferred to the school district's project	64925
construction fund the necessary amounts from amounts appropriated	64926
by the general assembly and set aside for such purpose, from time	64927
to time as may be necessary to pay obligations chargeable to such	64928
fund when due. All investment earnings of a school district's	64929
project construction fund shall be credited to the fund.	64930

(B)(1) The treasurer of the school district board shall	64931
disburse funds from the school district's project construction	64932
fund, including investment earnings credited to the fund, only	64933
upon the approval of the commission or the commission's designated	64934
representative. The commission or the commission's designated	64935
representative shall issue vouchers against such fund, in such	64936
amounts, and at such times as required by the contracts for	64937
construction of the project.	64938

(2) Notwithstanding anything to the contrary in division	64939
(B)(1) of this section, the school district board may, by a duly	64940
adopted resolution, choose to use all or part of the investment	64941
earnings of the district's project construction fund that are	64942
attributable to the district's contribution to the fund to pay the	64943
cost of classroom facilities or portions or components of	64944
classroom facilities that are not included in the district's basic	64945
project cost but that are related to the district's project. If	64946
the district board adopts a resolution in favor of using those	64947
investment earnings as authorized under division (B)(2) of this	64948
section, the treasurer shall disburse the amount as designated and	64949
directed by the board. However, if the district board chooses to	64950
use any part of the investment earnings for classroom facilities	64951
or portions or components of classroom facilities that are not	64952
included in the basic project cost, as authorized under division	64953
(B)(2) of this section, and, subsequently, the cost of the project	64954
exceeds the amount in the project construction fund, the district	64955
board shall restore to the project construction fund the full	64956
amount of the investment earnings used under division (B)(2) of	64957
this section before any additional state moneys shall be released	64958
for the project.	64959

(C) After ~~the~~a certificate of completion has been issued for	64960
a project ~~has been completed~~under section 3318.48 of the Revised	64961
Code:	64962

(1) At the discretion of the school district board, any	64963
investment earnings remaining in the project construction fund	64964
that are attributable to the school district's contribution to the	64965
fund shall be:	64966

(a) Retained in the project construction fund for future	64967
projects;	64968

(b) Transferred to the district's maintenance fund required	64969
by division (B) of section 3318.05 or section 3318.43 of the	64970
Revised Code, and the money so transferred shall be used solely	64971
for maintaining the classroom facilities included in the project;	64972

64973

(2) Any investment earnings remaining in the project	64974
construction fund that are attributable to the state's	64975
contribution to the fund shall be transferred to the commission	64976
for expenditure pursuant to sections 3318.01 to 3318.20 or	64977
sections 3318.40 to 3318.45 of the Revised Code.	64978

(3) Any other surplus remaining in the school district's	64979
project construction fund ~~after the project has been completed~~	64980
shall be transferred to the commission and the school district	64981
board in proportion to their respective contributions to the fund.	64982
The commission shall use the money transferred to it under this	64983
division for expenditure pursuant to sections 3318.01 to 3318.20	64984
or sections 3318.40 to 3318.45 of the Revised Code.	64985

(D) Pursuant to appropriations of the general assembly, any	64986
moneys transferred to the commission under division (C)(2) or (3)	64987
of this section from a project construction fund for a project	64988
under sections 3318.40 to 3318.45 of the Revised Code may be used	64989
for future expenditures for projects under sections 3318.40 to	64990
3318.45 of the Revised Code, notwithstanding the two per cent	64991
annual limit specified in division (B) of section 3318.40 of the	64992
Revised Code.	64993

Sec. 3318.31. (A) The Ohio school facilities commission may	64994
perform any act and ensure the performance of any function	64995
necessary or appropriate to carry out the purposes of, and	64996
exercise the powers granted under, Chapter 3318. of the Revised	64997
Code, including any of the following:	64998

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	64999
the Revised Code, rules for the administration of programs	65000
authorized under Chapter 3318. of the Revised Code.	65001

(2) Contract with, retain the services of, or designate, and	65002
fix the compensation of, such agents, accountants, consultants,	65003
advisers, and other independent contractors as may be necessary or	65004
desirable to carry out the programs authorized under Chapter 3318.	65005
of the Revised Code, or authorize the executive director to	65006
perform such powers and duties.	65007

(3) Receive and accept any gifts, grants, donations, and	65008
pledges, and receipts therefrom, to be used for the programs	65009
authorized under Chapter 3318. of the Revised Code.	65010

(4) Make and enter into all contracts, commitments, and	65011
agreements, and execute all instruments, necessary or incidental	65012
to the performance of its duties and the execution of its rights	65013
and powers under Chapter 3318. of the Revised Code, or authorize	65014
the executive director to perform such powers and duties.	65015

(5) Request the director of administrative services to debar	65016
a contractor as provided in section 153.02 of the Revised Code.	65017

(B) The commission shall appoint and fix the compensation of	65018
an executive director who shall serve at the pleasure of the	65019
commission. The executive director shall supervise the operations	65020
of the commission and perform such other duties as delegated by	65021
the commission. The executive director also shall employ and fix	65022
the compensation of such employees as will facilitate the	65023
activities and purposes of the commission, who shall serve at the	65024
pleasure of the executive director. The employees of the	65025
commission shall be exempt from Chapter 4117. of the Revised Code	65026
and shall not be public employees as defined in section 4117.01 of	65027
the Revised Code.	65028

(C) The attorney general shall serve as the legal	65029
representative for the commission and may appoint other counsel as	65030
necessary for that purpose in accordance with section 109.07 of	65031
the Revised Code.	65032

Sec. 3318.36. (A)(1) As used in this section:

65033

(a) "Ohio school facilities commission," "classroom	65034
facilities," "school district," "school district board," "net	65035
bonded indebtedness," "required percentage of the basic project	65036
costs," "basic project cost," "valuation," and "percentile" have	65037
the same meanings as in section 3318.01 of the Revised Code.	65038

(b) "Required level of indebtedness" means five per cent of	65039
the school district's valuation for the year preceding the year in	65040
which the commission and school district enter into an agreement	65041
under division (B) of this section, plus [two one-hundredths of	65042
one per cent multiplied by (the percentile in which the district	65043
ranks minus one)].	65044

(c) "Local resources" means any moneys generated in any	65045
manner permitted for a school district board to raise the school	65046
district portion of a project undertaken with assistance under	65047
sections 3318.01 to 3318.20 of the Revised Code.	65048

(d) "Tangible personal property phase-out impacted district"	65049
has the same meaning as in section 3318.11 of the Revised Code.	65050

(2) For purposes of determining the required level of	65051
indebtedness, the required percentage of the basic project costs	65052
under division (C)(1) of this section, and priority for assistance	65053
under sections 3318.01 to 3318.20 of the Revised Code, the	65054
percentile ranking of a school district with which the commission	65055
has entered into an agreement under this section between the first	65056
day of July and the thirty-first day of August in each fiscal year	65057
is the percentile ranking calculated for that district for the	65058
immediately preceding fiscal year, and the percentile ranking of a	65059
school district with which the commission has entered into such	65060
agreement between the first day of September and the thirtieth day	65061
of June in each fiscal year is the percentile ranking calculated	65062
for that district for the current fiscal year. However, in the	65063
case of a tangible personal property phase-out impacted district,	65064
the district's priority for assistance under sections 3318.01 to	65065
3318.20 of the Revised Code and its portion of the basic project	65066
cost under those sections shall be determined in the manner	65067
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of	65068
this section.	65069

(B)(1) There is hereby established the school building	65070
assistance expedited local partnership program. Under the program,	65071
the Ohio school facilities commission may enter into an agreement	65072
with the school district board of any school district under which	65073
the school district board may proceed with the new construction or	65074
major repairs of a part of the school district's classroom	65075
facilities needs, as determined under sections 3318.01 to 3318.20	65076
of the Revised Code, through the expenditure of local resources	65077
prior to the school district's eligibility for state assistance	65078
under those sections and may apply that expenditure toward meeting	65079
the school district's portion of the basic project cost of the	65080
total of the school district's classroom facilities needs, as	65081
determined under sections 3318.01 to 3318.20 of the Revised Code	65082
and as recalculated under division (E) of this section, that are	65083
eligible for state assistance under sections 3318.01 to 3318.20 of	65084
the Revised Code when the school district becomes eligible for	65085
that assistance. Any school district that is reasonably expected	65086
to receive assistance under sections 3318.01 to 3318.20 of the	65087
Revised Code within two fiscal years from the date the school	65088
district adopts its resolution under division (B) of this section	65089
shall not be eligible to participate in the program established	65090
under this section.	65091

(2) To participate in the program, a school district board	65092
shall first adopt a resolution certifying to the commission the	65093
board's intent to participate in the program.	65094

The resolution shall specify the approximate date that the	65095
board intends to seek elector approval of any bond or tax measures	65096
or to apply other local resources to use to pay the cost of	65097
classroom facilities to be constructed under this section. The	65098
resolution may specify the application of local resources or	65099
elector-approved bond or tax measures after the resolution is	65100
adopted by the board, and in such case the board may proceed with	65101
a discrete portion of its project under this section as soon as	65102
the commission and the controlling board have approved the basic	65103
project cost of the district's classroom facilities needs as	65104
specified in division (D) of this section. The board shall submit	65105
its resolution to the commission not later than ten days after the	65106
date the resolution is adopted by the board.	65107

The commission shall not consider any resolution that is	65108
submitted pursuant to division (B)(2) of this section, as amended	65109
by this amendment, sooner than September 14, 2000.	65110

(3) For purposes of determining when a district that enters	65111
into an agreement under this section becomes eligible for	65112
assistance under sections 3318.01 to 3318.20 of the Revised Code,	65113
the commission shall use one of the following as applicable:	65114

(a) Except for a tangible personal property phase-out	65115
impacted district, the district's percentile ranking determined at	65116
the time the district entered into the agreement under this	65117
section, as prescribed by division (A)(2) of this section;	65118

(b) For a tangible personal property phase-out impacted	65119
district, the least of (i) the district's percentile ranking	65120
determined at the time the district entered into the agreement	65121
under this section, as prescribed by division (A)(2) of this	65122
section, (ii) the district's current percentile ranking under	65123
section 3318.011 of the Revised Code, or (iii) for a project	65124
approved for fiscal year 2012, the district's percentile ranking	65125
under the alternate equity list prescribed by Section 387.70 of	65126
H.B. 153 of the 129th general assembly.	65127

(4) Any project under this section shall comply with section	65128
3318.03 of the Revised Code and with any specifications for plans	65129
and materials for classroom facilities adopted by the commission	65130
under section 3318.04 of the Revised Code.	65131

(5) If a school district that enters into an agreement under	65132
this section has not begun a project applying local resources as	65133
provided for under that agreement at the time the district is	65134
notified by the commission that it is eligible to receive state	65135
assistance under sections 3318.01 to 3318.20 of the Revised Code,	65136
all assessment and agreement documents entered into under this	65137
section are void.	65138

(6) Only construction of or repairs to classroom facilities	65139
that have been approved by the commission and have been therefore	65140
included as part of a district's basic project cost qualify for	65141
application of local resources under this section.	65142

(C) Based on the results of on-site visits and assessment,	65143
the commission shall determine the basic project cost of the	65144
school district's classroom facilities needs. The commission shall	65145
determine the school district's portion of such basic project	65146
cost, which shall be the greater of:	65147

(1) The required percentage of the basic project costs,	65148
determined based on the school district's percentile ranking;	65149

(2) An amount necessary to raise the school district's net	65150
bonded indebtedness, as of the fiscal year the commission and the	65151
school district enter into the agreement under division (B) of	65152
this section, to within five thousand dollars of the required	65153
level of indebtedness.	65154

(D)(1) When the commission determines the basic project cost	65155
of the classroom facilities needs of a school district and the	65156
school district's portion of that basic project cost under	65157
division (C) of this section, the project shall be conditionally	65158
approved. Such conditional approval shall be submitted to the	65159
controlling board for approval thereof. The controlling board	65160
shall forthwith approve or reject the commission's determination,	65161
conditional approval, and the amount of the state's portion of the	65162
basic project cost; however, no state funds shall be encumbered	65163
under this section. Upon approval by the controlling board, the	65164
school district board may identify a discrete part of its	65165
classroom facilities needs, which shall include only new	65166
construction of or additions or major repairs to a particular	65167
building, to address with local resources. Upon identifying a part	65168
of the school district's basic project cost to address with local	65169
resources, the school district board may allocate any available	65170
school district moneys to pay the cost of that identified part,	65171
including the proceeds of an issuance of bonds if approved by the	65172
electors of the school district.	65173

All local resources utilized under this division shall first	65174
be deposited in the project construction account required under	65175
section 3318.08 of the Revised Code.	65176

(2) Unless the school district board exercises its option	65177
under division (D)(3) of this section, for a school district to	65178
qualify for participation in the program authorized under this	65179
section, one of the following conditions shall be satisfied:	65180

(a) The electors of the school district by a majority vote	65181
shall approve the levy of taxes outside the ten-mill limitation	65182
for a period of twenty-three years at the rate of not less than	65183
one-half mill for each dollar of valuation to be used to pay the	65184
cost of maintaining the classroom facilities included in the basic	65185
project cost as determined by the commission. The form of the	65186
ballot to be used to submit the question whether to approve the	65187
tax required under this division to the electors of the school	65188
district shall be the form for an additional levy of taxes	65189
prescribed in section 3318.361 of the Revised Code, which may be	65190
combined in a single ballot question with the questions prescribed	65191
under section 5705.218 of the Revised Code.	65192

(b) As authorized under division (C) of section 3318.05 of	65193
the Revised Code, the school district board shall earmark from the	65194
proceeds of a permanent improvement tax levied under section	65195
5705.21 of the Revised Code, an amount equivalent to the	65196
additional tax otherwise required under division (D)(2)(a) of this	65197
section for the maintenance of the classroom facilities included	65198
in the basic project cost as determined by the commission.	65199

(c) As authorized under section 3318.051 of the Revised Code,	65200
the school district board shall, if approved by the commission,	65201
annually transfer into the maintenance fund required under section	65202
3318.05 of the Revised Code the amount prescribed in section	65203
3318.051 of the Revised Code in lieu of the tax otherwise required	65204
under division (D)(2)(a) of this section for the maintenance of	65205
the classroom facilities included in the basic project cost as	65206
determined by the commission.	65207

(d) If the school district board has rescinded the agreement	65208
to make transfers under section 3318.051 of the Revised Code, as	65209
provided under division (F) of that section, the electors of the	65210
school district, in accordance with section 3318.063 of the	65211
Revised Code, first shall approve the levy of taxes outside the	65212
ten-mill limitation for the period specified in that section at a	65213
rate of not less than one-half mill for each dollar of valuation.	65214

(e) The school district board shall apply the proceeds of a	65215
tax to leverage bonds as authorized under section 3318.052 of the	65216
Revised Code or dedicate a local donated contribution in the	65217
manner described in division (B) of section 3318.084 of the	65218
Revised Code in an amount equivalent to the additional tax	65219
otherwise required under division (D)(2)(a) of this section for	65220
the maintenance of the classroom facilities included in the basic	65221
project cost as determined by the commission.	65222

(3) A school district board may opt to delay taking any of	65223
the actions described in division (D)(2) of this section until the	65224
school district becomes eligible for state assistance under	65225
sections 3318.01 to 3318.20 of the Revised Code. In order to	65226
exercise this option, the board shall certify to the commission a	65227
resolution indicating the board's intent to do so prior to	65228
entering into an agreement under division (B) of this section.	65229

(4) If pursuant to division (D)(3) of this section a district	65230
board opts to delay levying an additional tax until the district	65231
becomes eligible for state assistance, it shall submit the	65232
question of levying that tax to the district electors as follows:	65233

(a) In accordance with section 3318.06 of the Revised Code if	65234
it will also be necessary pursuant to division (E) of this section	65235
to submit a proposal for approval of a bond issue;	65236

(b) In accordance with section 3318.361 of the Revised Code	65237
if it is not necessary to also submit a proposal for approval of a	65238
bond issue pursuant to division (E) of this section.	65239

(5) No state assistance under sections 3318.01 to 3318.20 of	65240
the Revised Code shall be released until a school district board	65241
that adopts and certifies a resolution under division (D) of this	65242
section also demonstrates to the satisfaction of the commission	65243
compliance with the provisions of division (D)(2) of this section.	65244

Any amount required for maintenance under division (D)(2) of	65245
this section shall be deposited into a separate fund as specified	65246
in division (B) of section 3318.05 of the Revised Code.	65247

(E)(1) If the school district becomes eligible for state	65248
assistance under sections 3318.01 to 3318.20 of the Revised Code	65249
based on its percentile ranking under division (B)(3) of this	65250
section, the commission shall conduct a new assessment of the	65251
school district's classroom facilities needs and shall recalculate	65252
the basic project cost based on this new assessment. The basic	65253
project cost recalculated under this division shall include the	65254
amount of expenditures made by the school district board under	65255
division (D)(1) of this section. The commission shall then	65256
recalculate the school district's portion of the new basic project	65257
cost, which shall be one of the following as applicable:	65258

(a) Except for a tangible personal property phase-out	65259
impacted district, the percentage of the original basic project	65260
cost assigned to the school district as its portion under division	65261
(C) of this section;	65262

(b) For a tangible personal property phase-out impacted	65263
district, the least of (i) the percentage of the original basic	65264
project cost assigned to the school district as its portion under	65265
division (C) of this section, (ii) the percentage of the new basic	65266
project cost determined under section 3318.032 of the Revised Code	65267
using the district's current percentile ranking under section	65268
3318.011 of the Revised Code, or (iii) for a project approved for	65269
fiscal year 2012, the percentage of the new basic project cost	65270
determined under section 3318.032 of the Revised Code using the	65271
district's percentile ranking under the alternate equity list	65272
prescribed by Section 387.70 of H.B. 153 of the 129th general	65273
assembly. ~~The~~	65274

The commission shall deduct the expenditure of school	65275
district moneys made under division (D)(1) of this section from	65276
the school district's portion of the basic project cost as	65277
recalculated under this division. If the amount of school district	65278
resources applied by the school district board to the school	65279
district's portion of the basic project cost under this section is	65280
less than the total amount of such portion as recalculated under	65281
this division, the school district board by a majority vote of all	65282
of its members shall, if it desires to seek state assistance under	65283
sections 3318.01 to 3318.20 of the Revised Code, adopt a	65284
resolution as specified in section 3318.06 of the Revised Code to	65285
submit to the electors of the school district the question of	65286
approval of a bond issue in order to pay any additional amount of	65287
school district portion required for state assistance. Any tax	65288
levy approved under division (D) of this section satisfies the	65289
requirements to levy the additional tax under section 3318.06 of	65290
the Revised Code.	65291

(2) If the amount of school district resources applied by the	65292
school district board to the school district's portion of the	65293
basic project cost under this section is more than the total	65294
amount of such portion as recalculated under ~~this~~ division (E)(1)	65295
of this section, within one year after the school district's	65296
portion is so recalculated ~~under division (E)(1) of this section~~	65297
the commission may grant to the school district the difference	65298
between the two calculated portions, but at no time shall the	65299
commission expend any state funds on a project in an amount	65300
greater than the state's portion of the basic project cost as	65301
recalculated under ~~this~~ division (E)(1) of this section.	65302

Any reimbursement under this division shall be only for local	65303
resources the school district has applied toward construction cost	65304
expenditures for the classroom facilities approved by the	65305
commission, which shall not include any financing costs associated	65306
with that construction.	65307

The school district board shall use any moneys reimbursed to	65308
the district under this division to pay off any debt service the	65309
district owes for classroom facilities constructed under its	65310
project under this section before such moneys are applied to any	65311
other purpose. However, the district board first may deposit	65312
moneys reimbursed under this division into the district's general	65313
fund or a permanent improvement fund to replace local resources	65314
the district withdrew from those funds, as long as, and to the	65315
extent that, those local resources were used by the district for	65316
constructing classroom facilities included in the district's basic	65317
project cost.	65318

(3) A tangible personal property phase-out impacted district	65319
shall receive credit under division (E) of this section for the	65320
expenditure of local resources pursuant to any prior agreement	65321
authorized by this section, notwithstanding any recalculation of	65322
its average taxable value.	65323

Sec. 3318.37. (A)(1) As used in this section:

65324

(a) "Large land area school district" means a school district	65325
with a territory of greater than three hundred square miles in any	65326
percentile as determined under section 3318.011 of the Revised	65327
Code.	65328

(b) "Low wealth school district" means a school district in	65329
the first through seventy-fifth percentiles as determined under	65330
section 3318.011 of the Revised Code.	65331

(c) A "school district with an exceptional need for immediate	65332
classroom facilities assistance" means a low wealth or large land	65333
area school district with an exceptional need for new facilities	65334
in order to protect the health and safety of all or a portion of	65335
its students.	65336

(2) ~~No school district reasonably expected to be eligible for~~	65337
~~state assistance under sections 3318.01 to 3318.20 of the Revised~~	65338
~~Code within three fiscal years after the year of the application~~	65339
~~for assistance under this section shall be eligible for assistance~~	65340
~~under this section, unless the district's entire classroom~~	65341
~~facilities plan consists of only a single building designed to~~	65342
~~house grades kindergarten through twelve and the district~~	65343
~~satisfies the conditions prescribed in divisions (A)(3)(a) and (b)~~	65344
~~of this section.~~	65345

~~(3)~~ No school district that participates in the school	65346
building assistance expedited local partnership program under	65347
section 3318.36 of the Revised Code shall receive assistance under	65348
the program established under this section unless the following	65349
conditions are satisfied:	65350

(a) The district board adopted a resolution certifying its	65351
intent to participate in the school building assistance expedited	65352
local partnership program under section 3318.36 of the Revised	65353
Code prior to September 14, 2000.	65354

(b) The district was selected by the Ohio school facilities	65355
commission for participation in the school building assistance	65356
expedited local partnership program under section 3318.36 of the	65357
Revised Code in the manner prescribed by the commission under that	65358
section as it existed prior to September 14, 2000.	65359

(B)(1) There is hereby established the exceptional needs	65360
school facilities assistance program. Under the program, the Ohio	65361
school facilities commission may set aside from the moneys	65362
annually appropriated to it for classroom facilities assistance	65363
projects up to twenty-five per cent for assistance to school	65364
districts with exceptional needs for immediate classroom	65365
facilities assistance.	65366

(2)(a) After consulting with education and construction	65367
experts, the commission shall adopt guidelines for identifying	65368
school districts with an exceptional need for immediate classroom	65369
facilities assistance.	65370

(b) The guidelines shall include application forms and	65371
instructions for school districts to use in applying for	65372
assistance under this section.	65373

(3) The commission shall evaluate the classroom facilities,	65374
and the need for replacement classroom facilities from the	65375
applications received under this section. The commission,	65376
utilizing the guidelines adopted under division (B)(2)(a) of this	65377
section, shall prioritize the school districts to be assessed.	65378

Notwithstanding section 3318.02 of the Revised Code, the	65379
commission may conduct on-site evaluation of the school districts	65380
prioritized under this section and approve and award funds until	65381
such time as all funds set aside under division (B)(1) of this	65382
section have been encumbered. However, the commission need not	65383
conduct the evaluation of facilities if the commission determines	65384
that a district's assessment conducted under section 3318.36 of	65385
the Revised Code is sufficient for purposes of this section.	65386

(4) Notwithstanding division (A) of section 3318.05 of the	65387
Revised Code, the school district's portion of the basic project	65388
cost under this section shall be the "required percentage of the	65389
basic project costs," as defined in division (K) of section	65390
3318.01 of the Revised Code.	65391

(5) Except as otherwise specified in this section, any	65392
project undertaken with assistance under this section shall comply	65393
with all provisions of sections 3318.01 to 3318.20 of the Revised	65394
Code. A school district may receive assistance under sections	65395
3318.01 to 3318.20 of the Revised Code for the remainder of the	65396
district's classroom facilities needs as assessed under this	65397
section when the district is eligible for such assistance pursuant	65398
to section 3318.02 of the Revised Code, but any classroom facility	65399
constructed with assistance under this section shall not be	65400
included in a district's project at that time unless the	65401
commission determines the district has experienced the increased	65402
enrollment specified in division (B)(1) of section 3318.04 of the	65403
Revised Code.	65404

(C) No school district shall receive assistance under this	65405
section for a classroom facility that has been included in the	65406
discrete part of the district's classroom facilities needs	65407
identified and addressed in the district's project pursuant to an	65408
agreement entered into under section 3318.36 of the Revised Code,	65409
unless the district's entire classroom facilities plan consists of	65410
only a single building designed to house grades kindergarten	65411
through twelve.	65412

Sec. 3318.371. The Ohio school facilities commission may	65413
provide assistance under the exceptional needs school facilities	65414
program established by section 3318.37 of the Revised Code to any	65415
school district for the purpose of the relocation or replacement	65416
of classroom facilities required as a result of any contamination	65417
of air, soil, or water that impacts the occupants of the facility.	65418
Assistance under this section is not limited to school districts	65419
in the first through seventy-fifth percentiles as determined under	65420
section 3318.011 of the Revised Code.	65421

The commission shall make a determination in accordance with	65422
guidelines adopted by the commission regarding eligibility and	65423
funding for projects under this section. The commission may	65424
contract with an independent environmental consultant to conduct a	65425
study to assist the commission in making the determination.	65426

If the federal government or other public or private entity	65427
provides funds for restitution of costs incurred by the state or	65428
school district in the relocation or replacement of the classroom	65429
facilities, the school district shall use such funds in excess of	65430
the school district's share to refund the state for the state's	65431
contribution to the environmental contamination portion of the	65432
project. The school district may apply an amount of such	65433
restitution funds up to an amount equal to the school district's	65434
portion of the project, as defined by the commission, toward	65435
paying its portion of that project to reduce the amount of bonds	65436
the school district otherwise must issue to receive state	65437
assistance under sections 3318.01 to 3318.20 of the Revised Code.	65438

Sec. 3318.38. (A) As used in this section, "big-eight school	65439
district" has the same meaning as in section 3314.02 of the	65440
Revised Code.	65441

(B) There is hereby established the accelerated urban school	65442
building assistance program. Under the program, notwithstanding	65443
section 3318.02 of the Revised Code, any big-eight school district	65444
that has not been approved to receive assistance under sections	65445
3318.01 to 3318.20 of the Revised Code by July 1, 2002, may	65446
beginning on that date apply for approval of and be approved for	65447
such assistance. Except as otherwise provided in this section, any	65448
project approved and undertaken pursuant to this section shall	65449
comply with all provisions of sections 3318.01 to 3318.20 of the	65450
Revised Code.	65451

The Ohio school facilities commission shall provide	65452
assistance to any big-eight school district eligible for	65453
assistance under this section in the following manner:	65454

(1) Notwithstanding section 3318.02 of the Revised Code:

65455

(a) Not later than June 30, 2002, the commission shall	65456
conduct an on-site visit and shall assess the classroom facilities	65457
needs of each big-eight school district eligible for assistance	65458
under this section;	65459

(b) Beginning July 1, 2002, any big-eight school district	65460
eligible for assistance under this section may apply to the	65461
commission for conditional approval of its project as determined	65462
by the assessment conducted under division (B)(1)(a) of this	65463
section. The commission may conditionally approve that project and	65464
submit it to the controlling board for approval pursuant to	65465
section 3318.04 of the Revised Code.	65466

(2) If the controlling board approves the project of a	65467
big-eight school district eligible for assistance under this	65468
section, the commission and the school district shall enter into	65469
an agreement as prescribed in section 3318.08 of the Revised Code.	65470
Any agreement executed pursuant to this division shall include any	65471
applicable segmentation provisions as approved by the commission	65472
under division (B)(3) of this section.	65473

(3) Notwithstanding any provision to the contrary in sections	65474
3318.05, 3318.06, and 3318.08 of the Revised Code, a big-eight	65475
school district eligible for assistance under this section may	65476
with the approval of the commission opt to divide the project as	65477
approved under division (B)(1)(b) of this section into discrete	65478
segments to be completed sequentially. Any project divided into	65479
segments shall comply with all other provisions of sections	65480
3318.05, 3318.06, and 3318.08 of the Revised Code except as	65481
otherwise specified in this division.	65482

If a project is divided into segments under this division:

65483

(a) The school district need raise only the amount equal to	65484
its proportionate share, as determined under section 3318.032 of	65485
the Revised Code, of each segment at any one time and may seek	65486
voter approval of each segment separately;	65487

(b) The state's proportionate share, as determined under	65488
section 3318.032 of the Revised Code, of only the segment which	65489
has been approved by the school district electors or for which the	65490
district has applied a local donated contribution under section	65491
3318.084 of the Revised Code shall be encumbered in accordance	65492
with section 3318.11 of the Revised Code. Encumbrance of	65493
additional amounts to cover the state's proportionate share of	65494
later segments shall be approved separately as they are approved	65495
by the school district electors or as the district applies a local	65496
donated contribution to the segments under section 3318.084 of the	65497
Revised Code.	65498

(c) The school district's maintenance levy requirement, as	65499
defined in section 3318.18 of the Revised Code, shall run for	65500
twenty-three years from the date the first segment is undertaken.	65501

~~(4) For any project under this section~~(C) In accordance with	65502
division (R) of section 3318.08 of the Revised Code, the state	65503
funds reserved and encumbered and the funds provided by the school	65504
district to pay the basic project cost of any segment of the	65505
project under this section, or of the entire project if it is not	65506
divided into segments, shall be spent on the construction and	65507
acquisition of the project simultaneously in proportion to the	65508
state's and the school district's respective shares of that basic	65509
project cost as determined under section 3318.032 of the Revised	65510
Code.	65511

Sec. 3318.41. (A)(1) The Ohio school facilities commission	65512
annually shall assess the classroom facilities needs of the number	65513
of joint vocational school districts that the commission	65514
reasonably expects to be able to provide assistance to in a fiscal	65515
year, based on the amount set aside for that fiscal year under	65516
division (B) of section 3318.40 of the Revised Code and the order	65517
of priority prescribed in division (B) of section 3318.42 of the	65518
Revised Code, except that in fiscal year 2004 the commission shall	65519
conduct at least the five assessments prescribed in division (E)	65520
of section 3318.40 of the Revised Code.	65521

Upon conducting an assessment of the classroom facilities	65522
needs of a school district, the commission shall make a	65523
determination of all of the following:	65524

(a) The number of classroom facilities to be included in a	65525
project and the basic project cost of acquiring the classroom	65526
facilities included in the project. The number of facilities and	65527
basic project cost shall be determined in accordance with the	65528
specifications adopted under section 3318.311 of the Revised Code	65529
except to the extent that compliance with such specifications is	65530
waived by the commission pursuant to the rule of the commission	65531
adopted under division (F) of section 3318.40 of the Revised Code.	65532

(b) The school district's portion of the basic project cost	65533
as determined under division (C) of section 3318.42 of the Revised	65534
Code;	65535

(c) The remaining portion of the basic project cost that	65536
shall be supplied by the state;	65537

(d) The amount of the state's portion of the basic project	65538
cost to be encumbered in accordance with section 3318.11 of the	65539
Revised Code in the current and subsequent fiscal years from funds	65540
set aside under division (B) of section 3318.40 of the Revised	65541
Code.	65542

(2) Divisions (A), (C), and (D) of section 3318.03 of the	65543
Revised Code apply to any project under sections 3318.40 to	65544
3318.45 of the Revised Code.	65545

(B)(1) If the commission makes a determination under division	65546
(A) of this section in favor of the acquisition of classroom	65547
facilities for a project under sections 3318.40 to 3318.45 of the	65548
Revised Code, such project shall be conditionally approved. Such	65549
conditional approval shall be submitted to the controlling board	65550
for approval. The controlling board shall immediately approve or	65551
reject the commission's determination, conditional approval, the	65552
amount of the state's portion of the basic project cost, and the	65553
amount of the state's portion of the basic project cost to be	65554
encumbered in the current fiscal year. In the event of approval	65555
by the controlling board, the commission shall certify the	65556
conditional approval to the joint vocational school district board	65557
of education and shall encumber the approved funds for the current	65558
fiscal year.	65559

(2) No school district that receives assistance under	65560
sections 3318.40 to 3318.45 of the Revised Code shall have another	65561
such project conditionally approved until the expiration of twenty	65562
years after the school district's prior project was conditionally	65563
approved, unless the school district board demonstrates to the	65564
satisfaction of the commission that the school district has	65565
experienced since conditional approval of its prior project an	65566
exceptional increase in enrollment or program requirements	65567
significantly above the school district's design capacity under	65568
that prior project as determined by rule of the commission. Any	65569
rule adopted by the commission to implement this division shall be	65570
tailored to address the classroom facilities needs of joint	65571
vocational school districts.	65572

(C) In addition to generating the amount of the school	65573
district's portion of the basic project cost as determined under	65574
division (C) of section 3318.42 of the Revised Code, in order for	65575
a school district to receive assistance under sections 3318.40 to	65576
3318.45 of the Revised Code, the school district board shall set	65577
aside school district moneys for the maintenance of the classroom	65578
facilities included in the school district's project in the amount	65579
and manner prescribed in section 3318.43 of the Revised Code.	65580

(D)(1) The conditional approval for a project certified under	65581
division (B)(1) of this section shall lapse and the amount	65582
reserved and encumbered for such project shall be released unless	65583
both of the following conditions are satisfied:	65584

(a) Within one hundred twenty days following the date of	65585
certification of the conditional approval to the joint vocational	65586
school district board, the school district board accepts the	65587
conditional approval and certifies to the commission the school	65588
district board's plan to generate the school district's portion of	65589
the basic project cost, as determined under division (C) of	65590
section 3318.42 of the Revised Code, and to set aside moneys for	65591
maintenance of the classroom facilities acquired under the	65592
project, as prescribed in section 3318.43 of the Revised Code.	65593

(b) Within ~~one year~~thirteen months following the date of	65594
certification of the conditional approval to the school district	65595
board, the electors of the school district vote favorably on any	65596
ballot measures proposed by the school district board to generate	65597
the school district's portion of the basic project cost.	65598

(2) If the school district board or electors fail to satisfy	65599
the conditions prescribed in division (D)(1) of this section and	65600
the amount reserved and encumbered for the school district's	65601
project is released, the school district shall be given first	65602
priority over other joint vocational school districts for project	65603
funding under sections 3318.40 to 3318.45 of the Revised Code as	65604
such funds become available, subject to section 3318.054 of the	65605
Revised Code.	65606

(E) If the conditions prescribed in division (D)(1) of this	65607
section are satisfied, the commission and the school district	65608
board shall enter into an agreement as prescribed in section	65609
3318.08 of the Revised Code and shall proceed with the development	65610
of plans, cost estimates, designs, drawings, and specifications as	65611
prescribed in section 3318.091 of the Revised Code.	65612

(F) Costs in excess of those approved by the commission under	65613
section 3318.091 of the Revised Code shall be payable only as	65614
provided in sections 3318.042 and 3318.083 of the Revised Code.	65615

(G) Advertisement for bids and the award of contracts for	65616
construction of any project under sections 3318.40 to 3318.45 of	65617
the Revised Code shall be conducted in accordance with section	65618
3318.10 of the Revised Code.	65619

(H) ~~The~~In accordance with division (R) of section 3318.08 of	65620
the Revised Code, the state funds reserved and encumbered and the	65621
funds provided by the school district to pay the basic project	65622
cost of a project under sections 3318.40 to 3318.45 of the Revised	65623
Code shall be spent simultaneously in proportion to the state's	65624
and the school district's respective portions of that basic	65625
project cost.	65626

(I) Sections 3318.13, 3318.14, and 3318.16 of the Revised	65627
Code apply to projects under sections 3318.40 to 3318.45 of the	65628
Revised Code.	65629

Sec. 3318.44. (A) A joint vocational school district board of	65630
education may generate the school district's portion of the basic	65631
project cost of its project under sections 3318.40 to 3318.45 of	65632
the Revised Code using any combination of the following means if	65633
lawfully employed for the acquisition of classroom facilities:	65634

(1) The issuance of securities in accordance with Chapter	65635
133. and section 3311.20 of the Revised Code;	65636

(2) Local donated contributions as authorized under section	65637
3318.084 of the Revised Code;	65638

(3) A levy for permanent improvements under section 3311.21	65639
or 5705.21 of the Revised Code;	65640

(4) Bonds issued pursuant to division (B) of this section.

65641

(B) By resolution adopted by a majority of all its members, a	65642
school district board, in order to pay all or part of the school	65643
district's portion of its basic project cost, or portions or	65644
components of classroom facilities that are not included in the	65645
school district's basic project cost but that are related to the	65646
school district's project, may apply the proceeds of a tax levied	65647
under either section 3311.21 of the Revised Code for ten years or	65648
section 5705.21 of the Revised Code for ~~general permanent~~	65649
~~improvements~~a continuing period of time, if the proceeds of that	65650
levy lawfully may be used for general construction, renovation,	65651
repair, or maintenance of classroom facilities to pay debt charges	65652
on and financing costs related to bonds issued to pay all or part	65653
of the school district portion of the basic project cost of the	65654
school district's project under sections 3318.40 to 3318.45 of the	65655
Revised Code, or portions or components of classroom facilities	65656
that are not included in the school district's basic project cost	65657
but that are related to the school district's project, or to	65658
generate an amount equivalent to all or part of the amount	65659
required under section 3318.43 of the Revised Code to be used for	65660
maintenance of classroom facilities acquired under the project.	65661
Bonds issued under this division shall be Chapter 133. securities,	65662
and may be issued as general obligation securities, but the	65663
issuance of the bonds shall not be subject to a vote of the	65664
electors of the school district as long as the tax proceeds	65665
earmarked for payment of the debt charges on the bonds may	65666
lawfully be used for that purpose. Such bonds shall not be	65667
included in the calculation of net indebtedness under section	65668
133.06 of the Revised Code if the resolution authorizing their	65669
issuance includes covenants to appropriate annually, from lawfully	65670
available proceeds of a property tax levied under either section	65671
3311.21 or 5705.21 of the Revised Code, and to continue to levy	65672
that tax in amounts necessary to pay the debt charges on and	65673
financing costs related to the bonds as they become due. No	65674
property tax levied under section 5705.21 of the Revised Code that	65675
is pledged, or that the school district has covenanted to levy,	65676
collect, and appropriate annually to pay the debt charges on and	65677
financing costs related to the bonds under this section may be	65678
repealed while those bonds are outstanding. If such a tax is	65679
reduced by electors of the district or by the board of education	65680
while the bonds are outstanding, the board of education shall	65681
continue to levy and collect the tax under the authority of the	65682
original election authorizing the tax at a rate in each year that	65683
the board reasonably estimates will produce an amount in that year	65684
equal to the debt charges on the bonds in that year.	65685

No state moneys shall be released for a project to which this	65686
division applies until the proceeds of any bonds issued under this	65687
division that are dedicated for payment of the school district's	65688
portion of the basic project cost are first deposited into the	65689
school district's project construction fund.	65690

(C) A school district board of education may adopt a	65691
resolution proposing that any of the following questions be	65692
combined with a question specified in section 3318.45 of the	65693
Revised Code:	65694

(1) A bond issue question under section 133.18 of the Revised	65695
Code;	65696

(2) A tax levy question under section 3311.21 of the Revised	65697
Code;	65698

(3) A tax levy question under either section 3311.21 or	65699
5705.21 of the Revised Code.	65700

Any question described in divisions (C)(1) to (3) of this	65701
section that is combined with a question proposed under section	65702
3318.45 of the Revised Code shall be for the purpose of either	65703
paying for any permanent improvement, as defined in section 133.01	65704
of the Revised Code, or generating operating revenue specifically	65705
for the facilities acquired under the school district's project	65706
under Chapter 3318. of the Revised Code or for both to the extent	65707
such purposes are permitted by the sections of law under which	65708
each is proposed.	65709

(D) The board of education of a joint vocational school	65710
district that receives assistance under this section may enter	65711
into an agreement for joint issuance of bonds as provided for in	65712
section 3318.085 of the Revised Code.	65713

Sec. 3318.48. (A) When all of the following have occurred, a	65714
project undertaken by a school district pursuant to this chapter	65715
shall be considered complete and the Ohio school facilities	65716
commission shall issue a certificate of completion to the district	65717
board of education:	65718

(1) All facilities to be constructed under the project, as	65719
specified in the project agreement entered into under section	65720
3318.08 of the Revised Code, have been completed and the board has	65721
received a permanent certificate of occupancy for each of those	65722
facilities.	65723

(2) The commission has issued certificates of contract	65724
completion on all prime construction contracts entered into by the	65725
board under section 3318.10 of the Revised Code.	65726

(3) The commission has completed a final accounting of the	65727
district's project construction fund and has determined that all	65728
payments from the fund were made in compliance with all policies	65729
of the commission.	65730

(4) Any litigation concerning the project has been finally	65731
resolved with no chance of appeal.	65732

(5) All construction management services typically provided	65733
by the commission to school districts have been delivered and the	65734
commission has canceled any remaining encumbrance of funds for	65735
those services.	65736

(B) The commission may issue a certificate of completion to a	65737
district board prior to all of the conditions described in	65738
division (A) of this section being satisfied, if the commission	65739
determines that the circumstances preventing the conditions from	65740
being satisfied are so minor in nature that the project should be	65741
considered complete. When issuing a certificate of completion	65742
under this division, the commission may specify any of the	65743
following:	65744

(1) Any construction or work that has yet to be completed and	65745
the manner in which the board shall oversee its completion, which	65746
may include procedures for reporting progress to the commission	65747
and for accounting of expenditures;	65748

(2) Terms and conditions for the resolution of any pending	65749
litigation;	65750

(3) Any remaining responsibilities of the construction	65751
manager regarding the project.	65752

(C) The commission may issue a certificate of completion to a	65753
district board that does not voluntarily participate in the	65754
process of closing out the district's project, if the construction	65755
manager for the project verifies that all facilities to be	65756
constructed under the project, as specified in the project	65757
agreement entered into under section 3318.08 of the Revised Code,	65758
have been completed and the commission determines that those	65759
facilities have been occupied for at least one year. In that case,	65760
all funds due to the commission under division (C) of section	65761
3318.12 of the Revised Code shall be returned to the commission	65762
not later than thirty days after receipt of the certificate of	65763
completion. If the funds due to the commission have not been	65764
returned within sixty days after receipt of the certificate of	65765
completion, the auditor of state shall issue a finding for	65766
recovery against the school district and shall request legal	65767
action under section 117.42 of the Revised Code.	65768

(D) Upon issuance of a certificate of completion under this	65769
section, the commission's ownership of and interest in the	65770
project, as specified in division (F) of section 3318.08 of the	65771
Revised Code, shall cease. This cessation shall not alter or	65772
otherwise affect the state's or commission's interest in the	65773
project or any limitations on the use of the project as specified	65774
in the project agreement pursuant to divisions (G), (M), and (N)	65775
of that section or as specified in section 3318.16 of the Revised	65776
Code.	65777

Sec. 3318.49. (A) The corrective action program is hereby	65778
established to provide funding for the correction of work, in	65779
connection with a project funded under sections 3318.01 to 3318.20	65780
or sections 3318.40 to 3318.45 of the Revised Code, that is found	65781
after occupancy of the facility to be defective or to have been	65782
omitted.	65783

(B) The Ohio school facilities commission may provide funding	65784
under this section only if the school district notifies the	65785
executive director of the commission of the defective or omitted	65786
work within five years after occupancy of the facility for which	65787
the district seeks the funding.	65788

(C) The commission shall establish procedures and deadlines	65789
for school districts to follow in applying for assistance under	65790
this section. The procedures shall include definitions of	65791
"defective" and "omitted," and shall require that remediation	65792
efforts focus first on engaging the respective contractors that	65793
designed and constructed the areas that have design or	65794
construction-related issues. The commission shall consider	65795
applications on a case-by-case basis, taking into account the	65796
amount of money appropriated and available for purposes of this	65797
section.	65798

(D) The commission may provide funding assistance necessary	65799
to take corrective measures after evaluating the defective or	65800
omitted work.	65801

(1) If the work to be corrected or remediated is part of a	65802
project not yet completed, the commission may amend the project	65803
agreement to increase the project budget and use corrective action	65804
funding to provide the state portion of the amendment. If the work	65805
to be corrected or remediated is part of a completed project and	65806
funds were retained or transferred pursuant to division (C) of	65807
section 3318.12 of the Revised Code, the commission may enter into	65808
a new agreement to address the corrective action.	65809

(2) Whether or not the project is completed, the district	65810
shall contribute a portion of the cost of the corrective action,	65811
to be determined in accordance with section 3318.032 of the	65812
Revised Code or, if the district is a joint vocational school	65813
district, section 3318.42 of the Revised Code. A district that is	65814
unable to provide its portion so that remediation can proceed may	65815
apply to the commission for additional assistance under section	65816
3318.042 of the Revised Code.	65817

(E) The commission shall assess responsibility for the	65818
defective or omitted work and seek cost recovery from responsible	65819
parties, if applicable. Any recovery of the expense of remediation	65820
shall be applied first to the district portion of the cost of the	65821
corrective action. Any remaining funds shall be applied to the	65822
state portion and deposited into the school building program	65823
assistance fund established under section 3318.25 of the Revised	65824
Code.	65825

Sec. 3318.60. (A) As used in this section:

65826

(1) "Acquisition of classroom facilities" means constructing,	65827
reconstructing, repairing, or making additions to classroom	65828
facilities.	65829

(2) "Ohio school facilities commission" and "classroom	65830
facilities" have the same meanings as in section 3318.01 of the	65831
Revised Code.	65832

(B) There is hereby established the college-preparatory	65833
boarding school facilities program. Under the program, the Ohio	65834
school facilities commission shall provide assistance to the	65835
boards of trustees of college-preparatory boarding schools	65836
established under Chapter 3328. of the Revised Code for the	65837
acquisition of classroom facilities.	65838

(C) To be eligible for assistance under this program, a board	65839
of trustees shall secure at least twenty million dollars of	65840
private money to satisfy its share of facilities acquisition. A	65841
board of trustees that receives assistance under the program shall	65842
fund the acquisition of residential facilities and any other	65843
facilities other than classroom facilities through private means.	65844

(D) The lease payments made by the boards of trustees of	65845
college-preparatory boarding schools receiving assistance under	65846
the program shall be deposited into the state treasury and	65847
credited to the common schools capital facilities bond service	65848
fund created in section 151.03 of the Revised Code.	65849

(E) The acquisition of classroom facilities with assistance	65850
provided under the program shall not be subject to sections	65851
3318.01 to 3318.20 of the Revised Code.	65852

(F) Within the ninety-day period immediately following the	65853
effective date of this section, the commission shall adopt rules	65854
necessary for the implementation and administration of the	65855
program.	65856

Sec. 3319.081. Except as otherwise provided in division (G)	65857
of this section, in all school districts wherein the provisions of	65858
Chapter 124. of the Revised Code do not apply, the following	65859
employment contract system shall control for employees whose	65860
contracts of employment are not otherwise provided by law:	65861

(A) Newly hired regular nonteaching school employees,	65862
including regular hourly rate and per diem employees, shall enter	65863
into written contracts for their employment which shall be for a	65864
period of not more than one year. If such employees are rehired,	65865
their subsequent contract shall be for a period of two years.	65866

(B) After the termination of the two-year contract provided	65867
in division (A) of this section, if the contract of a nonteaching	65868
employee is renewed, the employee shall be continued in	65869
employment, and the salary provided in the contract may be	65870
increased but not reduced unless such reduction is a part of a	65871
uniform plan affecting the nonteaching employees of the entire	65872
district.	65873

(C) The contracts as provided for in this section may be	65874
terminated by a majority vote of the board of education. Except as	65875
provided in ~~section~~sections 3319.0810 and 3319.172 of the Revised	65876
Code, the contracts may be terminated only for violation of	65877
written rules and regulations as set forth by the board of	65878
education or for incompetency, inefficiency, dishonesty,	65879
drunkenness, immoral conduct, insubordination, discourteous	65880
treatment of the public, neglect of duty, or any other acts of	65881
misfeasance, malfeasance, or nonfeasance. In addition to the right	65882
of the board of education to terminate the contract of an	65883
employee, the board may suspend an employee for a definite period	65884
of time or demote the employee for the reasons set forth in this	65885
division. The action of the board of education terminating the	65886
contract of an employee or suspending or demoting the employee	65887
shall be served upon the employee by certified mail. Within ten	65888
days following the receipt of such notice by the employee, the	65889
employee may file an appeal, in writing, with the court of common	65890
pleas of the county in which such school board is situated. After	65891
hearing the appeal the common pleas court may affirm, disaffirm,	65892
or modify the action of the school board.	65893

A violation of division (A)(7) of section 2907.03 of the	65894
Revised Code is grounds for termination of employment of a	65895
nonteaching employee under this division.	65896

(D) All employees who have been employed by a school district	65897
where the provisions of Chapter 124. of the Revised Code do not	65898
apply, for a period of at least three years on November 24, 1967,	65899
shall hold continuing contracts of employment pursuant to this	65900
section.	65901

(E) Any nonteaching school employee may terminate the	65902
nonteaching school employee's contract of employment thirty days	65903
subsequent to the filing of a written notice of such termination	65904
with the treasurer of the board.	65905

(F) A person hired exclusively for the purpose of replacing a	65906
nonteaching school employee while such employee is on leave of	65907
absence granted under section 3319.13 of the Revised Code is not a	65908
regular nonteaching school employee under this section.	65909

(G) All nonteaching employees employed pursuant to this	65910
section and Chapter 124. of the Revised Code shall be paid for all	65911
time lost when the schools in which they are employed are closed	65912
owing to an epidemic or other public calamity. Nothing in this	65913
division shall be construed as requiring payment in excess of an	65914
employee's regular wage rate or salary for any time worked while	65915
the school in which the employee is employed is officially closed	65916
for the reasons set forth in this division.	65917

Sec. 3319.0810. (A) The board of education of any school	65918
district wherein the provisions of Chapter 124. of the Revised	65919
Code do not apply may terminate any of its transportation staff	65920
positions for reasons of economy and efficiency if the board	65921
instead of employing its own staff to transport some or all of the	65922
students enrolled in the district schools enters into a contract	65923
with an independent agent for the provision of transportation	65924
services for such students. Such a contract may be entered into	65925
only if all of the following conditions are satisfied:	65926

(1) Any collective bargaining agreement between the employee	65927
organization representing the employees whose positions are	65928
terminated under this section and the board has expired or will	65929
expire within sixty days and has not been renewed in conformance	65930
with provisions of that agreement and with Chapter 4117. of the	65931
Revised Code, or the agreement contains provisions permitting the	65932
termination of positions for reasons of economy and efficiency	65933
while the agreement is in force and the board is in conformance	65934
with those provisions.	65935

(2) The board permits any employee whose position is	65936
terminated under this section to fill any vacancy within the	65937
district's organization for which the employee is qualified. The	65938
board shall select from among similarly qualified employees to	65939
fill such vacancies pursuant to procedures established under any	65940
collective bargaining agreement between the employee organization	65941
representing the terminated employees and the board that is in	65942
force at the time of the termination, or in absence of such	65943
provisions on the basis of seniority of employment by the board	65944
with the employee with the greatest seniority having highest	65945
priority.	65946

(3) Unless a collective bargaining agreement between the	65947
employee organization representing the terminated employees and	65948
the board that is in force at the time of the termination provides	65949
otherwise, the board permits any employee whose position is	65950
terminated under this section to fill the employee's former	65951
position in the event that the board reinstates that position	65952
within one year after the date the position is terminated under	65953
this section.	65954

(4) The board permits any employee whose position is	65955
terminated under this section to appeal in accordance with section	65956
119.12 of the Revised Code the board's decision to terminate the	65957
employee's position, not to hire that employee for another	65958
position pursuant to division (A)(2) of this section, or not to	65959
rehire that employee for the position if it is reinstated within	65960
one year after the position is terminated pursuant to division	65961
(A)(3) of this section.	65962

(5) The contract entered into by the board and an independent	65963
agent for the provision of transportation services contains a	65964
stipulation requiring the agent to consider hiring any employees	65965
of the school district whose positions are terminated under this	65966
section for similar positions within the agent's organization.	65967

(6) The contract entered into by the board and an independent	65968
agent for the provision of transportation services contains a	65969
stipulation requiring the agent to recognize for purposes of	65970
employee representation in collective bargaining any employee	65971
organization that represented the employees whose positions are	65972
terminated under this section in collective bargaining with the	65973
board at the time of the termination provided:	65974

(a) A majority of all employees in the bargaining unit agree	65975
to such representation;	65976

(b) Such representation is not prohibited by federal law,	65977
including any ruling of the national labor relations board;	65978

(c) The employee organization is not prohibited from	65979
representing nonpublic employees by other provisions of law or its	65980
own governing instruments.	65981

However, any employee whose position is terminated under this	65982
section shall not be compelled to be included in such bargaining	65983
unit if there is another bargaining unit within the agent's	65984
organization that is applicable to the employee.	65985

(B) If after terminating any positions of employment under	65986
this section the board fails to comply with any condition	65987
prescribed in division (A) of this section or fails to enforce on	65988
the agent its contractual obligations prescribed in divisions	65989
(A)(5) and (6) of this section, the terminations shall be void and	65990
the board shall reinstate the positions and fill them with the	65991
employees who filled those positions just prior to the	65992
terminations. Such employees shall be compensated at a rate equal	65993
to their rate of compensation in those positions just prior to the	65994
terminations plus any increases paid since the terminations to	65995
other nonteaching employees. The employees shall also be entitled	65996
to back pay at such rate for the period from the date of the	65997
terminations to the date of the reinstatements minus any pay	65998
received by the employees during any time the board was in	65999
compliance with such conditions or during any time the board	66000
enforced those obligations.	66001

Any employee aggrieved by the failure of the board to comply	66002
with any condition prescribed in division (A) of this section or	66003
to enforce on the agent its contractual obligations prescribed in	66004
divisions (A)(5) and (6) of this section shall have the right to	66005
sue the board for reinstatement of the employee's former position	66006
as provided for in this division in the court of common pleas for	66007
the county in which the school district is located or, if the	66008
school district is located in more than one county, in the court	66009
of common pleas for the county in which the majority of the	66010
territory of the school district is located.	66011

Sec. 3319.17. (A) As used in this section, "interdistrict	66012
contract" means any contract or agreement entered into by an	66013
educational service center governing board and another board or	66014
other public entity pursuant to section 3313.17, 3313.841,	66015
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the	66016
Revised Code, including any such contract or agreement for the	66017
provision of services funded under division ~~(I)~~(E) of section	66018
3317.024 of the Revised Code or provided in any unit approved	66019
under section 3317.05 of the Revised Code.	66020

(B) When, for any of the following reasons that apply to any	66021
city, exempted village, local, or joint vocational school district	66022
or any educational service center, the board decides that it will	66023
be necessary to reduce the number of teachers it employs, it may	66024
make a reasonable reduction:	66025

(1) In the case of any district or service center, return to	66026
duty of regular teachers after leaves of absence including ~~leaves~~	66027
~~provided pursuant to division (B) of section 3314.10 of the~~	66028
~~Revised Code,~~ suspension of schools, territorial changes affecting	66029
the district or center, or financial reasons;	66030

(2) In the case of any city, exempted village, local, or	66031
joint vocational school district, decreased enrollment of pupils	66032
in the district;	66033

(3) In the case of any governing board of a service center	66034
providing any particular service directly to pupils pursuant to	66035
one or more interdistrict contracts requiring such service,	66036
reduction in the total number of pupils the governing board is	66037
required to provide with the service under all interdistrict	66038
contracts as a result of the termination or nonrenewal of one or	66039
more of these interdistrict contracts;	66040

(4) In the case of any governing board providing any	66041
particular service that it does not provide directly to pupils	66042
pursuant to one or more interdistrict contracts requiring such	66043
service, reduction in the total level of the service the governing	66044
board is required to provide under all interdistrict contracts as	66045
a result of the termination or nonrenewal of one or more of these	66046
interdistrict contracts.	66047

(C) In making any such reduction, ~~any city, exempted village,~~	66048
~~local, or joint vocational school~~the district board or service	66049
center governing board shall proceed to suspend contracts in	66050
accordance with the recommendation of the superintendent of	66051
schools who shall, within each teaching field affected, give	66052
preference first to teachers on continuing contracts and then to	66053
teachers who have greater seniority. In making any such reduction,	66054
any governing board of a service center shall proceed to suspend	66055
contracts in accordance with the recommendation of the	66056
superintendent who shall, within each teaching field or service	66057
area affected, give preference first to teachers on continuing	66058
contracts and then to teachers who have greater seniority.	66059

On a case-by-case basis, in lieu of suspending a contract in	66060
whole, a board may suspend a contract in part, so that an	66061
individual is required to work a percentage of the time the	66062
employee otherwise is required to work under the contract and	66063
receives a commensurate percentage of the full compensation the	66064
employee otherwise would receive under the contract.	66065

The teachers whose continuing contracts are suspended by any	66066
board pursuant to this section shall have the right of restoration	66067
to continuing service status by that board in the order of	66068
seniority of service in the district or service center if and when	66069
teaching positions become vacant or are created for which any of	66070
such teachers are or become qualified. No teacher whose continuing	66071
contract has been suspended pursuant to this section shall lose	66072
that right of restoration to continuing service status by reason	66073
of having declined recall to a position that is less than	66074
full-time or, if the teacher was not employed full-time just prior	66075
to suspension of the teacher's continuing contract, to a position	66076
requiring a lesser percentage of full-time employment than the	66077
position the teacher last held while employed in the district or	66078
service center.	66079

(D) Notwithstanding any provision to the contrary in Chapter	66080
4117. of the Revised Code, the requirements of this section	66081
prevail over any conflicting provisions of agreements between	66082
employee organizations and public employers entered into after	66083
September 29, 2005.	66084

Sec. 3319.19. (A) Except as provided in division (D) of this	66085
section or division (A)(2) of section 3313.37 of the Revised Code,	66086
upon request, the board of county commissioners shall provide and	66087
equip offices in the county for the use of the superintendent of	66088
an educational service center, and shall provide heat, light,	66089
water, and janitorial services for such offices. Such offices	66090
shall be the permanent headquarters of the superintendent and	66091
shall be used by the governing board of the service center when it	66092
is in session. Except as provided in division (B) of this section,	66093
such offices shall be located in the county seat or, upon the	66094
approval of the governing board, may be located outside of the	66095
county seat.	66096

(B) In the case of a service center formed under section	66097
3311.053 ~~or 3311.059~~ of the Revised Code, the governing board	66098
shall designate the site of its offices. Except as provided in	66099
division (D) of this section or division (A)(2) of section 3313.37	66100
of the Revised Code, the board of county commissioners of the	66101
county in which the designated site is located shall provide and	66102
equip the offices as under division (A) of this section, but the	66103
costs of such offices and equipment shall be apportioned among the	66104
boards of county commissioners of all counties having any	66105
territory in the area under the control of the governing board,	66106
according to the proportion of local school district pupils under	66107
the supervision of such board residing in the respective counties.	66108
Where there is a dispute as to the amount any board of county	66109
commissioners is required to pay, the probate judge of the county	66110
in which the greatest number of pupils under the supervision of	66111
the governing board reside shall apportion such costs among the	66112
boards of county commissioners and notify each such board of its	66113
share of the costs.	66114

(C) As used in division (C) of this section, in the case of a	66115
building, facility, or office space that a board of county	66116
commissioners leases or rents, "actual cost per square foot" means	66117
all cost on a per square foot basis incurred by the board under	66118
the lease or rental agreement. In the case of a building,	66119
facility, or office space that the board owns in fee simple,	66120
"actual cost per square foot" means the fair rental value on a per	66121
square foot basis of the building, facility, or office space	66122
either as compared to a similarly situated building, facility, or	66123
office space in the general vicinity or as calculated under a	66124
formula that accounts for depreciation, amortization of	66125
improvements, and other reasonable factors, including, but not	66126
limited to, parking space and other amenities.	66127

Not later than the thirty-first day of March of 2002, 2003,	66128
2004, and 2005 a board of county commissioners required to provide	66129
or equip offices pursuant to division (A) or (B) of this section	66130
shall make a written estimate of the total cost it will incur for	66131
the ensuing fiscal year to provide and equip the offices and to	66132
provide heat, light, water, and janitorial services for such	66133
offices. The total estimate of cost shall include:	66134

(1) The total square feet of space to be utilized by the	66135
educational service center;	66136

(2) The total square feet of any common areas that should be	66137
reasonably allocated to the center and the methodology for making	66138
this allocation;	66139

(3) The actual cost per square foot for both the space	66140
utilized by and the common area allocated to the center;	66141

(4) An explanation of the methodology used to determine the	66142
actual cost per square foot;	66143

(5) The estimated cost of providing heat, light, and water,	66144
including an explanation of how these costs were determined;	66145

(6) The estimated cost of providing janitorial services	66146
including an explanation of the methodology used to determine this	66147
cost;	66148

(7) Any other estimated costs that the board anticipates it	66149
will ~~occur~~incur and a detailed explanation of the costs and the	66150
rationale used to determine such costs.	66151

A copy of the total estimate of costs under this division	66152
shall be sent to the superintendent of the educational service	66153
center not later than the fifth day of April. The superintendent	66154
shall review the total estimate and shall notify the board of	66155
county commissioners not later than twenty days after receipt of	66156
the estimate of either agreement with the estimate or any specific	66157
objections to the estimates and the reasons for the objections. If	66158
the superintendent agrees with the estimate, it shall become the	66159
final total estimate of cost. Failure of the superintendent to	66160
make objections to the estimate by the twentieth day after receipt	66161
of it shall be deemed to mean that the superintendent is in	66162
agreement with the estimate.	66163

If the superintendent provides specific objections to the	66164
board of county commissioners, the board shall review the	66165
objections and may modify the original estimate and shall send a	66166
revised total estimate to the superintendent within ten days after	66167
the receipt of the superintendent's objections. The superintendent	66168
shall respond to the revised estimate within ten days after its	66169
receipt. If the superintendent agrees with it, it shall become the	66170
final total estimated cost. If the superintendent fails to respond	66171
within the required time, the superintendent shall be deemed to	66172
have agreed with the revised estimate. If the superintendent	66173
disagrees with the revised estimate, the superintendent shall send	66174
specific objections to the county commissioners.	66175

If a superintendent has sent specific objections to the	66176
revised estimate within the required time, the probate judge of	66177
the county which has the greatest number of resident local school	66178
district pupils under the supervision of the educational service	66179
center shall determine the final estimated cost and certify this	66180
amount to the superintendent and the board of county commissioners	66181
prior to the first day of July.	66182

(D)(1) A board of county commissioners shall be responsible	66183
for the following percentages of the final total estimated cost	66184
established by division (C) of this section:	66185

(a) Eighty per cent for fiscal year 2003;

66186

(b) Sixty per cent for fiscal year 2004;

66187

66188

(d) Twenty per cent for fiscal year 2006.

66189

In fiscal years 2003, 2004, 2005, and 2006 the educational	66190
service center shall be responsible for the remainder of any costs	66191
in excess of the amounts specified in division (D)(1)(a),(b), (c),	66192
or (d) of this section, as applicable, associated with the	66193
provision and equipment of offices for the educational service	66194
center and for provision of heat, light, water, and janitorial	66195
services for such offices, including any unanticipated or	66196
unexpected increases in the costs beyond the final estimated cost	66197
amount.	66198

Beginning in fiscal year 2007, no board of county	66199
commissioners shall have any obligation to provide and equip	66200
offices for an educational service center or to provide heat,	66201
light, water, or janitorial services for such offices.	66202

(2) Nothing in this section shall prohibit the board of	66203
county commissioners and the governing board of an educational	66204
service center from entering into a contract for providing and	66205
equipping offices for the use of an educational service center and	66206
for providing heat, light, water, and janitorial services for such	66207
offices. The term of any such contract shall not exceed a period	66208
of four years and may be renewed for additional periods not to	66209
exceed four years. Any such contract shall supersede the	66210
provisions of division (D)(1) of this section and no educational	66211
service center may be charged, at any time, any additional amount	66212
for the county's provision of an office and equipment, heat,	66213
light, water, and janitorial services beyond the amount specified	66214
in such contract.	66215

(3) No contract entered into under division (D)(2) of this	66216
section in any year prior to fiscal year 2007 between an	66217
educational service center formed under section 3311.053 or	66218
~~3311.059~~ of the Revised Code and the board of county commissioners	66219
required to provide and equip its office pursuant to division (B)	66220
of this section shall take effect unless the boards of county	66221
commissioners of all other counties required to participate in the	66222
funding for such offices pursuant to division (B) of this section	66223
adopt resolutions approving the contract.	66224

Sec. 3319.227. (A) Notwithstanding any other provision of	66225
the Revised Code or any rule adopted by the state board of	66226
education to the contrary, the state board shall issue a resident	66227
educator license under section 3319.22 of the Revised Code to each	66228
person who is assigned to teach in this state as a participant in	66229
the teach for America program and who meets the following	66230
conditions:	66231

(1) Holds a bachelor's degree from an accredited institution	66232
of higher education;	66233

(2) Maintained a cumulative undergraduate grade point average	66234
of at least 2.5 out of 4.0, or its equivalent;	66235

(3) Has passed an examination prescribed by the state board	66236
in the subject area to be taught;	66237

(4) Has successfully completed the summer training institute	66238
operated by teach for America.	66239

(B) The state board shall issue a resident educator license	66240
under this section for teaching in any grade level or subject area	66241
for which a person may obtain a resident educator license under	66242
section 3319.22 of the Revised Code. The state board shall not	66243
adopt rules establishing any additional qualifications for the	66244
license beyond those specified in this section.	66245

(C) Notwithstanding any other provision of the Revised Code	66246
or any rule adopted by the state board to the contrary, the state	66247
board shall issue a resident educator license under section	66248
3319.22 of the Revised Code to any applicant who has completed at	66249
least two years of teaching in another state as a participant in	66250
the teach for America program and meets all of the conditions of	66251
divisions (A)(1) to (4) of this section. The state board shall	66252
credit an applicant under this division as having completed two	66253
years of the teacher residency program under section 3319.223 of	66254
the Revised Code.	66255

(D) In order to place teachers in this state, the ~~Teach~~teach	66256
for America program shall enter into an agreement with one or more	66257
accredited four-year public or private institutions of higher	66258
education in the state to provide optional training of ~~Teach~~teach	66259
for America participants for the purpose of enabling those	66260
participants to complete an optional master's degree or an	66261
equivalent amount of coursework. Nothing in this division shall	66262
require any ~~Teach~~teach for America participant to complete a	66263
master's degree as a condition of holding a license issued under	66264
this section.	66265

Sec. 3319.228. (A) This section applies only to a person who	66266
meets the following conditions:	66267

(1) Holds a minimum of a baccalaureate degree;

66268

(2) Has been licensed and employed as a teacher in another	66269
state for each of the preceding five years;	66270

(3) Was initially licensed as a teacher in any state within	66271
the preceding fifteen years;	66272

(4) Has not had a teacher's license suspended or revoked in	66273
any state.	66274

(B)(1) Not later than July 1, 2012, the superintendent of	66275
public instruction shall develop a list of states that the	66276
superintendent considers to have standards for teacher licensure	66277
that are inadequate to ensure that a person to whom this section	66278
applies and who was most recently licensed to teach in that state	66279
is qualified for a professional educator license issued under	66280
section 3319.22 of the Revised Code.	66281

(2) Following development of the list, the superintendent	66282
shall establish a panel of experts to evaluate the adequacy of the	66283
teacher licensure standards of each state on the list. Each person	66284
selected by the superintendent to be a member of the panel shall	66285
be approved by the state board of education. In evaluating the	66286
superintendent's list, the panel shall provide an opportunity for	66287
representatives of the department of education, or similar	66288
state-level agency, of each state on the list to provide evidence	66289
to refute the state's placement on the list.	66290

Not later than April 1, 2013, the panel shall recommend to	66291
the state board that the list be approved without changes or that	66292
specified states be removed from the list prior to approval. Not	66293
later than July 1, 2013, the state board shall approve a final	66294
list of states with standards for teacher licensure that are	66295
inadequate to ensure that a person to whom this section applies	66296
and who was most recently licensed to teach in that state is	66297
qualified for a professional educator license issued under section	66298
3319.22 of the Revised Code.	66299

(C) Except as otherwise provided in division (E)(1) of this	66300
section, until the date on which the state board approves a final	66301
list of states with inadequate teacher licensure standards under	66302
division (B)(2) of this section, the state board shall issue a	66303
one-year provisional educator license to any applicant to whom	66304
this section applies. On and after that date, neither the state	66305
board nor the department of education shall be party to any	66306
reciprocity agreement with a state on that list that requires the	66307
state board to issue a person to whom this section applies any	66308
type of professional educator license on the basis of the person's	66309
licensure and teaching experience in that state.	66310

(D) Upon the expiration of a provisional license issued to a	66311
person under division (C) of this section, the state board shall	66312
issue the person a professional educator license, if the person	66313
satisfies either of the following conditions:	66314

(1) The person was issued the provisional license prior to	66315
the development of the list by the state superintendent under	66316
division (B)(1) of this section and, prior to issuance of the	66317
provisional license, the person was most recently licensed to	66318
teach by a state not on the superintendent's list or, if the final	66319
list of states with inadequate teacher licensure standards has	66320
been approved by the state board under division (B)(2) of this	66321
section, by a state not on that list.	66322

(2) All of the following apply to the person:

66323

(a) Prior to obtaining the provisional license, the person	66324
was most recently licensed to teach by a state on the	66325
superintendent's list or, if the final list of states with	66326
inadequate teacher licensure standards has been approved by the	66327
state board under division (B)(2) of this section, by a state on	66328
that list.	66329

(b) The person was employed under the provisional license by	66330
a school district; community school established under Chapter	66331
3314. of the Revised Code; science, technology, engineering, and	66332
mathematics school established under Chapter 3326. of the Revised	66333
Code; or an entity contracted by such a district or school to	66334
provide internet- or computer-based instruction or distance	66335
learning programs to students.	66336

(c) The district or school certifies to the state board that	66337
the person's teaching was satisfactory while employed or	66338
contracted by the district or school.	66339

(E)(1) From July 1, 2012, until the date on which the state	66340
board approves a final list of states with inadequate teacher	66341
licensure standards under division (B)(2) of this section, the	66342
state board shall issue a professional educator license to any	66343
applicant to whom this section applies and who was most recently	66344
licensed to teach by a state that is not on the list developed by	66345
the state superintendent under division (B)(1) of this section.	66346

(2) Beginning on the date on which the state board approves a	66347
final list of states with inadequate teacher licensure standards	66348
under division (B)(2) of this section, the state board shall issue	66349
a professional educator license to any applicant to whom this	66350
section applies and who was most recently licensed to teach by a	66351
state that is not on that list.	66352

Sec. 3319.229. The rules adopted under section 3319.22 of	66353
the Revised Code shall include requirements for the issuance and	66354
renewal of professional career-technical teaching licenses,	66355
including, but not limited to, requirements relating to life	66356
experience, professional certification, and practical ability.	66357
Nothing in sections 3319.22 to 3319.31 of the Revised Code	66358
requires, and the state board of education shall not adopt a rule	66359
requiring, completion of a degree applicable to the career field,	66360
classroom teaching, or an area of licensure for the issuance or	66361
renewal of a professional career-technical teaching license.	66362

Sec. 3319.26. (A) The state board of education shall adopt	66363
rules establishing the standards and requirements for obtaining an	66364
alternative resident educator license for teaching in grades ~~four~~	66365
kindergarten to twelve, or the equivalent, in a designated subject	66366
area~~. However, an alternative resident educator license~~or in the	66367
area of intervention specialist, as defined by rule of the state	66368
board~~, shall be valid for teaching in grades kindergarten to~~	66369
~~twelve~~.	66370

(B) The superintendent of public instruction and the	66371
chancellor of the Ohio board of regents jointly shall develop an	66372
intensive pedagogical training institute to provide instruction in	66373
the principles and practices of teaching for individuals seeking	66374
an alternative resident educator license. The instruction shall	66375
cover such topics as student development and learning, pupil	66376
assessment procedures, curriculum development, classroom	66377
management, and teaching methodology.	66378

(C) The rules adopted under this section shall require	66379
applicants for the alternative resident educator license to	66380
satisfy the following conditions prior to issuance of the license,	66381
but they shall not require applicants to have completed a major in	66382
the subject area for which application is being made:	66383

(1) Hold a minimum of a baccalaureate degree;

66384

(2) Successfully complete the pedagogical training institute	66385
described in division (B) of this section;or a summer training	66386
institute provided to participants of a teacher preparation	66387
program that is operated by a nonprofit organization and has been	66388
approved by the chancellor. The chancellor shall approve any such	66389
program that requires participants to hold a bachelor's degree;	66390
have a cumulative undergraduate grade point average of at least	66391
2.5 out of 4.0, or its equivalent; and successfully complete the	66392
program's summer training institute.	66393

(3) Pass an examination in the subject area for which	66394
application is being made.	66395

(D) An alternative resident educator license shall be valid	66396
for four years, except that the state board, on a case-by-case	66397
basis, may extend the license's duration as necessary to enable	66398
the license holder to complete the Ohio teacher residency program	66399
established under section 3319.223 of the Revised Code.	66400

(E) The rules shall require the holder of an alternative	66401
resident educator license, as a condition of continuing to hold	66402
the license, to do all of the following:	66403

(1) Participate in the Ohio teacher residency program;

66404

(2) Show satisfactory progress in taking and successfully	66405
completing atone of the following:	66406

(a) At least twelve additional semester hours, or the	66407
equivalent, of college coursework in the principles and practices	66408
of teaching in such topics as student development and learning,	66409
pupil assessment procedures, curriculum development, classroom	66410
management, and teaching methodology;	66411

(b) Professional development provided by a teacher	66412
preparation program that has been approved by the chancellor under	66413
division (C)(2) of this section.	66414

(3) Take an assessment of professional knowledge in the	66415
second year of teaching under the license.	66416

(F) The rules shall provide for the granting of a	66417
professional educator license to a holder of an alternative	66418
resident educator license upon successfully completing all of the	66419
following:	66420

(1) Four years of teaching under the alternative license;

66421

(2) The ~~twelve semester hours, or the equivalent, of the~~	66422
additional college coursework or professional development	66423
described in division (E)(2) of this section;	66424

(3) The assessment of professional knowledge described in	66425
division (E)(3) of this section. The standards for successfully	66426
completing this assessment and the manner of conducting the	66427
assessment shall be the same as for any other individual who is	66428
required to take the assessment pursuant to rules adopted by the	66429
state board under section 3319.22 of the Revised Code.	66430

(4) The Ohio teacher residency program;

66431

(5) All other requirements for a professional educator	66432
license adopted by the state board under section 3319.22 of the	66433
Revised Code.	66434

(G) A person who is assigned to teach in this state as a	66435
participant in the teach for America program or who has completed	66436
two years of teaching in another state as a participant in that	66437
program shall be eligible for a license only under section	66438
3319.227 of the Revised Code and shall not be eligible for a	66439
license under this section.	66440

Sec. 3319.31. (A) As used in this section and sections	66441
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	66442
means a certificate, license, or permit described in this chapter	66443
or in division (B) of section 3301.071 or in section 3301.074 of	66444
the Revised Code.	66445

(B) For any of the following reasons, the state board of	66446
education, in accordance with Chapter 119. and section 3319.311 of	66447
the Revised Code, may refuse to issue a license to an applicant;	66448
may limit a license it issues to an applicant; may suspend,	66449
revoke, or limit a license that has been issued to any person; or	66450
may revoke a license that has been issued to any person and has	66451
expired:	66452

(1) Engaging in an immoral act, incompetence, negligence, or	66453
conduct that is unbecoming to the applicant's or person's	66454
position;	66455

(2) A plea of guilty to, a finding of guilt by a jury or	66456
court of, or a conviction of any of the following:	66457

(a) A felony other than a felony listed in division (C) of	66458
this section;	66459

(b) An offense of violence other than an offense of violence	66460
listed in division (C) of this section;	66461

(c) A theft offense, as defined in section 2913.01 of the	66462
Revised Code, other than a theft offense listed in division (C) of	66463
this section;	66464

(d) A drug abuse offense, as defined in section 2925.01 of	66465
the Revised Code, that is not a minor misdemeanor, other than a	66466
drug abuse offense listed in division (C) of this section;	66467

(e) A violation of an ordinance of a municipal corporation	66468
that is substantively comparable to an offense listed in divisions	66469
(B)(2)(a) to (d) of this section.	66470

(3) A judicial finding of eligibility for intervention in	66471
lieu of conviction under section 2951.041 of the Revised Code, or	66472
agreeing to participate in a pre-trial diversion program under	66473
section 2935.36 of the Revised Code, or a similar diversion	66474
program under rules of a court, for any offense listed in division	66475
(B)(2) or (C) of this section;	66476

(4) Failure to comply with section 3314.40, 3319.313,	66477
3326.24, 3328.19, or 5126.253 of the Revised Code.	66478

(C) Upon learning of a plea of guilty to, a finding of guilt	66479
by a jury or court of, or a conviction of any of the offenses	66480
listed in this division by a person who holds a current or expired	66481
license or is an applicant for a license or renewal of a license,	66482
the state board or the superintendent of public instruction, if	66483
the state board has delegated the duty pursuant to division (D) of	66484
this section, shall by a written order revoke the person's license	66485
or deny issuance or renewal of the license to the person. The	66486
state board or the superintendent shall revoke a license that has	66487
been issued to a person to whom this division applies and has	66488
expired in the same manner as a license that has not expired.	66489

Revocation of a license or denial of issuance or renewal of a	66490
license under this division is effective immediately at the time	66491
and date that the board or superintendent issues the written order	66492
and is not subject to appeal in accordance with Chapter 119. of	66493
the Revised Code. Revocation of a license or denial of issuance or	66494
renewal of license under this division remains in force during the	66495
pendency of an appeal by the person of the plea of guilty, finding	66496
of guilt, or conviction that is the basis of the action taken	66497
under this division.	66498

The state board or superintendent shall take the action	66499
required by this division for a violation of division (B)(1), (2),	66500
(3), or (4) of section 2919.22 of the Revised Code; a violation of	66501
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11,	66502
2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02,	66503
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22,	66504
2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32,	66505
2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22,	66506
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.44,	66507
2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12, 2919.121,	66508
2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11, 2921.34,	66509
2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02,	66510
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22,	66511
2925.23, 2925.24, 2925.32, 2925.36, 2925.37, 2927.24, or 3716.11	66512
of the Revised Code; a violation of section 2905.04 of the Revised	66513
Code as it existed prior to July 1, 1996; a violation of section	66514
2919.23 of the Revised Code that would have been a violation of	66515
section 2905.04 of the Revised Code as it existed prior to July 1,	66516
1996, had the violation been committed prior to that date;	66517
felonious sexual penetration in violation of former section	66518
2907.12 of the Revised Code; or a violation of an ordinance of a	66519
municipal corporation that is substantively comparable to an	66520
offense listed in this paragraph.	66521

(D) The state board may delegate to the superintendent of	66522
public instruction the authority to revoke a person's license or	66523
to deny issuance or renewal of a license to a person under	66524
division (C) or (F) of this section.	66525

(E)(1) If the plea of guilty, finding of guilt, or conviction	66526
that is the basis of the action taken under division (B)(2) or (C)	66527
of this section, or under the version of division (F) of section	66528
3319.311 of the Revised Code in effect prior to ~~the effective date~~	66529
~~of this amendment~~September 12, 2008, is overturned on appeal,	66530
upon exhaustion of the criminal appeal, the clerk of the court	66531
that overturned the plea, finding, or conviction or, if	66532
applicable, the clerk of the court that accepted an appeal from	66533
the court that overturned the plea, finding, or conviction, shall	66534
notify the state board that the plea, finding, or conviction has	66535
been overturned. Within thirty days after receiving the	66536
notification, the state board shall initiate proceedings to	66537
reconsider the revocation or denial of the person's license in	66538
accordance with division (E)(2) of this section. In addition, the	66539
person whose license was revoked or denied may file with the state	66540
board a petition for reconsideration of the revocation or denial	66541
along with appropriate court documents.	66542

(2) Upon receipt of a court notification or a petition and	66543
supporting court documents under division (E)(1) of this section,	66544
the state board, after offering the person an opportunity for an	66545
adjudication hearing under Chapter 119. of the Revised Code, shall	66546
determine whether the person committed the act in question in the	66547
prior criminal action against the person that is the basis of the	66548
revocation or denial and may continue the revocation or denial,	66549
may reinstate the person's license, with or without limits, or may	66550
grant the person a new license, with or without limits. The	66551
decision of the board shall be based on grounds for revoking,	66552
denying, suspending, or limiting a license adopted by rule under	66553
division (G) of this section and in accordance with the	66554
evidentiary standards the board employs for all other licensure	66555
hearings. The decision of the board under this division is subject	66556
to appeal under Chapter 119. of the Revised Code.	66557

(3) A person whose license is revoked or denied under	66558
division (C) of this section shall not apply for any license if	66559
the plea of guilty, finding of guilt, or conviction that is the	66560
basis of the revocation or denial, upon completion of the criminal	66561
appeal, either is upheld or is overturned but the state board	66562
continues the revocation or denial under division (E)(2) of this	66563
section and that continuation is upheld on final appeal.	66564

(F) The state board may take action under division (B) of	66565
this section, and the state board or the superintendent shall take	66566
the action required under division (C) of this section, on the	66567
basis of substantially comparable conduct occurring in a	66568
jurisdiction outside this state or occurring before a person	66569
applies for or receives any license.	66570

(G) The state board may adopt rules in accordance with	66571
Chapter 119. of the Revised Code to carry out this section and	66572
section 3319.311 of the Revised Code.	66573

Sec. 3319.311. (A)(1) The state board of education, or the	66574
superintendent of public instruction on behalf of the board, may	66575
investigate any information received about a person that	66576
reasonably appears to be a basis for action under section 3319.31	66577
of the Revised Code, including information received pursuant to	66578
section 3314.40, 3319.291, 3319.313, 3326.24, 3328.19, 5126.253,	66579
or 5153.176 of the Revised Code. Except as provided in division	66580
(A)(2) of this section, the board shall contract with the office	66581
of the Ohio attorney general to conduct any investigation of that	66582
nature. The board shall pay for the costs of the contract only	66583
from moneys in the state board of education licensure fund	66584
established under section 3319.51 of the Revised Code. Except as	66585
provided in division (A)(2) of this section, all information	66586
received pursuant to section 3314.40, 3319.291, 3319.313, 3326.24,	66587
3328.19, 5126.253, or 5153.176 of the Revised Code, and all	66588
information obtained during an investigation is confidential and	66589
is not a public record under section 149.43 of the Revised Code.	66590
If an investigation is conducted under this division regarding	66591
information received about a person and no action is taken against	66592
the person under this section or section 3319.31 of the Revised	66593
Code within two years of the completion of the investigation, all	66594
records of the investigation shall be expunged.	66595

(2) In the case of a person about whom the board has learned	66596
of a plea of guilty to, finding of guilt by a jury or court of, or	66597
a conviction of an offense listed in division (C) of section	66598
3319.31 of the Revised Code, or substantially comparable conduct	66599
occurring in a jurisdiction outside this state, the board or the	66600
superintendent of public instruction need not conduct any further	66601
investigation and shall take the action required by division (C)	66602
or (F) of that section. Except as provided in division (G) of this	66603
section, all information obtained by the board or the	66604
superintendent of public instruction pertaining to the action is a	66605
public record under section 149.43 of the Revised Code.	66606

(B) The superintendent of public instruction shall review the	66607
results of each investigation of a person conducted under division	66608
(A)(1) of this section and shall determine, on behalf of the state	66609
board, whether the results warrant initiating action under	66610
division (B) of section 3319.31 of the Revised Code. The	66611
superintendent shall advise the board of such determination at a	66612
meeting of the board. Within fourteen days of the next meeting of	66613
the board, any member of the board may ask that the question of	66614
initiating action under section 3319.31 of the Revised Code be	66615
placed on the board's agenda for that next meeting. Prior to	66616
initiating that action against any person, the person's name and	66617
any other personally identifiable information shall remain	66618
confidential.	66619

(C) The board shall take no action against a person under	66620
division (B) of section 3319.31 of the Revised Code without	66621
providing the person with written notice of the charges and with	66622
an opportunity for a hearing in accordance with Chapter 119. of	66623
the Revised Code.	66624

(D) For purposes of an investigation under division (A)(1) of	66625
this section or a hearing under division (C) of this section or	66626
under division (E)(2) of section 3319.31 of the Revised Code, the	66627
board, or the superintendent on behalf of the board, may	66628
administer oaths, order the taking of depositions, issue	66629
subpoenas, and compel the attendance of witnesses and the	66630
production of books, accounts, papers, records, documents, and	66631
testimony. The issuance of subpoenas under this division may be by	66632
certified mail or personal delivery to the person.	66633

(E) The superintendent, on behalf of the board, may enter	66634
into a consent agreement with a person against whom action is	66635
being taken under division (B) of section 3319.31 of the Revised	66636
Code. The board may adopt rules governing the superintendent's	66637
action under this division.	66638

(F) No surrender of a license shall be effective until the	66639
board takes action to accept the surrender unless the surrender is	66640
pursuant to a consent agreement entered into under division (E) of	66641
this section.	66642

(G) The name of any person who is not required to report	66643
information under section 3314.40, 3319.313, 3326.24, 3328.19,	66644
5126.253, or 5153.176 of the Revised Code, but who in good faith	66645
provides information to the state board or superintendent of	66646
public instruction about alleged misconduct committed by a person	66647
who holds a license or has applied for issuance or renewal of a	66648
license, shall be confidential and shall not be released. Any such	66649
person shall be immune from any civil liability that otherwise	66650
might be incurred or imposed for injury, death, or loss to person	66651
or property as a result of the provision of that information.	66652

(H)(1) No person shall knowingly make a false report to the	66653
superintendent of public instruction or the state board of	66654
education alleging misconduct by an employee of a public or	66655
chartered nonpublic school or an employee of the operator of a	66656
community school established under Chapter 3314. or a	66657
college-preparatory boarding school established under Chapter	66658
3328. of the Revised Code.	66659

(2)(a) In any civil action brought against a person in which	66660
it is alleged and proved that the person violated division (H)(1)	66661
of this section, the court shall award the prevailing party	66662
reasonable attorney's fees and costs that the prevailing party	66663
incurred in the civil action or as a result of the false report	66664
that was the basis of the violation.	66665

(b) If a person is convicted of or pleads guilty to a	66666
violation of division (H)(1) of this section, if the subject of	66667
the false report that was the basis of the violation was charged	66668
with any violation of a law or ordinance as a result of the false	66669
report, and if the subject of the false report is found not to be	66670
guilty of the charges brought against the subject as a result of	66671
the false report or those charges are dismissed, the court that	66672
sentences the person for the violation of division (H)(1) of this	66673
section, as part of the sentence, shall order the person to pay	66674
restitution to the subject of the false report, in an amount equal	66675
to reasonable attorney's fees and costs that the subject of the	66676
false report incurred as a result of or in relation to the	66677
charges.	66678

Sec. 3319.39. (A)(1) Except as provided in division	66679
(F)(2)(b) of section 109.57 of the Revised Code, the appointing or	66680
hiring officer of the board of education of a school district, the	66681
governing board of an educational service center, or of a	66682
chartered nonpublic school shall request the superintendent of the	66683
bureau of criminal identification and investigation to conduct a	66684
criminal records check with respect to any applicant who has	66685
applied to the school district, educational service center, or	66686
school for employment in any position. The appointing or hiring	66687
officer shall request that the superintendent include information	66688
from the federal bureau of investigation in the criminal records	66689
check, unless all of the following apply to the applicant:	66690

(a) The applicant is applying to be an instructor of adult	66691
education.	66692

(b) The duties of the position for which the applicant is	66693
applying do not involve routine interaction with a child or	66694
regular responsibility for the care, custody, or control of a	66695
child or, if the duties do involve such interaction or	66696
responsibility, during any period of time in which the applicant,	66697
if hired, has such interaction or responsibility, another employee	66698
of the school district, educational service center, or chartered	66699
nonpublic school will be present in the same room with the child	66700
or, if outdoors, will be within a thirty-yard radius of the child	66701
or have visual contact with the child.	66702

(c) The applicant presents proof that the applicant has been	66703
a resident of this state for the five-year period immediately	66704
prior to the date upon which the criminal records check is	66705
requested or provides evidence that within that five-year period	66706
the superintendent has requested information about the applicant	66707
from the federal bureau of investigation in a criminal records	66708
check.	66709

(2) A person required by division (A)(1) of this section to	66710
request a criminal records check shall provide to each applicant a	66711
copy of the form prescribed pursuant to division (C)(1) of section	66712
109.572 of the Revised Code, provide to each applicant a standard	66713
impression sheet to obtain fingerprint impressions prescribed	66714
pursuant to division (C)(2) of section 109.572 of the Revised	66715
Code, obtain the completed form and impression sheet from each	66716
applicant, and forward the completed form and impression sheet to	66717
the superintendent of the bureau of criminal identification and	66718
investigation at the time the person requests a criminal records	66719
check pursuant to division (A)(1) of this section.	66720

(3) An applicant who receives pursuant to division (A)(2) of	66721
this section a copy of the form prescribed pursuant to division	66722
(C)(1) of section 109.572 of the Revised Code and a copy of an	66723
impression sheet prescribed pursuant to division (C)(2) of that	66724
section and who is requested to complete the form and provide a	66725
set of fingerprint impressions shall complete the form or provide	66726
all the information necessary to complete the form and shall	66727
provide the impression sheet with the impressions of the	66728
applicant's fingerprints. If an applicant, upon request, fails to	66729
provide the information necessary to complete the form or fails to	66730
provide impressions of the applicant's fingerprints, the board of	66731
education of a school district, governing board of an educational	66732
service center, or governing authority of a chartered nonpublic	66733
school shall not employ that applicant for any position.	66734

(4) Notwithstanding any provision of this section to the	66735
contrary, an applicant who meets the conditions prescribed in	66736
divisions (A)(1)(a) and (b) of this section and who, within the	66737
two-year period prior to the date of application, was the subject	66738
of a criminal records check under this section prior to being	66739
hired for short-term employment with the school district,	66740
educational service center, or chartered nonpublic school to which	66741
application is being made shall not be required to undergo a	66742
criminal records check prior to the applicant's rehiring by that	66743
district, service center, or school.	66744

(B)(1) Except as provided in rules adopted by the department	66745
of education in accordance with division (E) of this section and	66746
as provided in division (B)(3) of this section, no board of	66747
education of a school district, no governing board of an	66748
educational service center, and no governing authority of a	66749
chartered nonpublic school shall employ a person if the person	66750
previously has been convicted of or pleaded guilty to any of the	66751
following:	66752

(a) A violation of section 2903.01, 2903.02, 2903.03,	66753
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	66754
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	66755
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	66756
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	66757
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	66758
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	66759
2925.06, or 3716.11 of the Revised Code, a violation of section	66760
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	66761
violation of section 2919.23 of the Revised Code that would have	66762
been a violation of section 2905.04 of the Revised Code as it	66763
existed prior to July 1, 1996, had the violation been committed	66764
prior to that date, a violation of section 2925.11 of the Revised	66765
Code that is not a minor drug possession offense, or felonious	66766
sexual penetration in violation of former section 2907.12 of the	66767
Revised Code;	66768

(b) A violation of an existing or former law of this state,	66769
another state, or the United States that is substantially	66770
equivalent to any of the offenses or violations described in	66771
division (B)(1)(a) of this section.	66772

(2) A board, governing board of an educational service	66773
center, or a governing authority of a chartered nonpublic school	66774
may employ an applicant conditionally until the criminal records	66775
check required by this section is completed and the board or	66776
governing authority receives the results of the criminal records	66777
check. If the results of the criminal records check indicate that,	66778
pursuant to division (B)(1) of this section, the applicant does	66779
not qualify for employment, the board or governing authority shall	66780
release the applicant from employment.	66781

(3) No board and no governing authority of a chartered	66782
nonpublic school shall employ a teacher who previously has been	66783
convicted of or pleaded guilty to any of the offenses listed in	66784
section 3319.31 of the Revised Code.	66785

(C)(1) Each board and each governing authority of a chartered	66786
nonpublic school shall pay to the bureau of criminal	66787
identification and investigation the fee prescribed pursuant to	66788
division (C)(3) of section 109.572 of the Revised Code for each	66789
criminal records check conducted in accordance with that section	66790
upon the request pursuant to division (A)(1) of this section of	66791
the appointing or hiring officer of the board or governing	66792
authority.	66793

(2) A board and the governing authority of a chartered	66794
nonpublic school may charge an applicant a fee for the costs it	66795
incurs in obtaining a criminal records check under this section. A	66796
fee charged under this division shall not exceed the amount of	66797
fees the board or governing authority pays under division (C)(1)	66798
of this section. If a fee is charged under this division, the	66799
board or governing authority shall notify the applicant at the	66800
time of the applicant's initial application for employment of the	66801
amount of the fee and that, unless the fee is paid, the board or	66802
governing authority will not consider the applicant for	66803
employment.	66804

(D) The report of any criminal records check conducted by the	66805
bureau of criminal identification and investigation in accordance	66806
with section 109.572 of the Revised Code and pursuant to a request	66807
under division (A)(1) of this section is not a public record for	66808
the purposes of section 149.43 of the Revised Code and shall not	66809
be made available to any person other than the applicant who is	66810
the subject of the criminal records check or the applicant's	66811
representative, the board or governing authority requesting the	66812
criminal records check or its representative, and any court,	66813
hearing officer, or other necessary individual involved in a case	66814
dealing with the denial of employment to the applicant.	66815

(E) The department of education shall adopt rules pursuant to	66816
Chapter 119. of the Revised Code to implement this section,	66817
including rules specifying circumstances under which the board or	66818
governing authority may hire a person who has been convicted of an	66819
offense listed in division (B)(1) or (3) of this section but who	66820
meets standards in regard to rehabilitation set by the department.	66821

The department shall amend rule 3301-83-23 of the Ohio	66822
Administrative Code that took effect August 27, 2009, and that	66823
specifies the offenses that disqualify a person for employment as	66824
a school bus or school van driver and establishes rehabilitation	66825
standards for school bus and school van drivers.	66826

(F) Any person required by division (A)(1) of this section to	66827
request a criminal records check shall inform each person, at the	66828
time of the person's initial application for employment, of the	66829
requirement to provide a set of fingerprint impressions and that a	66830
criminal records check is required to be conducted and	66831
satisfactorily completed in accordance with section 109.572 of the	66832
Revised Code if the person comes under final consideration for	66833
appointment or employment as a precondition to employment for the	66834
school district, educational service center, or school for that	66835
position.	66836

(G) As used in this section:

66837

(1) "Applicant" means a person who is under final	66838
consideration for appointment or employment in a position with a	66839
board of education, governing board of an educational service	66840
center, or a chartered nonpublic school, except that "applicant"	66841
does not include a person already employed by a board or chartered	66842
nonpublic school who is under consideration for a different	66843
position with such board or school.	66844

(2) "Teacher" means a person holding an educator license or	66845
permit issued under section 3319.22 or 3319.301 of the Revised	66846
Code and teachers in a chartered nonpublic school.	66847

(3) "Criminal records check" has the same meaning as in	66848
section 109.572 of the Revised Code.	66849

(4) "Minor drug possession offense" has the same meaning as	66850
in section 2925.01 of the Revised Code.	66851

(H) If the board of education of a local school district	66852
adopts a resolution requesting the assistance of the educational	66853
service center in which the local district has territory in	66854
conducting criminal records checks of substitute teachers and	66855
substitutes for other district employees under this section, the	66856
appointing or hiring officer of such educational service center	66857
shall serve for purposes of this section as the appointing or	66858
hiring officer of the local board in the case of hiring substitute	66859
teachers and other substitute employees for the local district.	66860

Sec. 3319.57. (A) A grant program is hereby established	66861
under which the department of education shall award grants to	66862
assist certain schools in a city, exempted village, local, or	66863
joint vocational school district in implementing one of the	66864
following innovations:	66865

(1) The use of instructional specialists to mentor and	66866
support classroom teachers;	66867

(2) The use of building managers to supervise the	66868
administrative functions of school operation so that a school	66869
principal can focus on supporting instruction, providing	66870
instructional leadership, and engaging teachers as part of the	66871
instructional leadership team;	66872

(3) The reconfiguration of school leadership structure in a	66873
manner that allows teachers to serve in leadership roles so that	66874
teachers may share the responsibility for making and implementing	66875
school decisions;	66876

(4) The adoption of new models for restructuring the school	66877
day or school year, such as including teacher planning and	66878
collaboration time as part of the school day;	66879

(5) The creation of smaller schools or smaller units within	66880
larger schools for the purpose of facilitating teacher	66881
collaboration to improve and advance the professional practice of	66882
teaching;	66883

(6) The implementation of "grow your own" recruitment	66884
strategies that are designed to assist individuals who show a	66885
commitment to education become licensed teachers, to assist	66886
experienced teachers obtain licensure in subject areas for which	66887
there is need, and to assist teachers in becoming principals;	66888

(7) The provision of better conditions for new teachers, such	66889
as reduced teaching load and reduced class size;	66890

(8) The provision of incentives to attract qualified	66891
mathematics, science, or special education teachers;	66892

(9) The development and implementation of a partnership with	66893
teacher preparation programs at colleges and universities to help	66894
attract teachers qualified to teach in shortage areas;	66895

(10) The implementation of a program to increase the cultural	66896
competency of both new and veteran teachers;	66897

(11) The implementation of a program to increase the subject	66898
matter competency of veteran teachers.	66899

(B) To qualify for a grant to implement one of the	66900
innovations described in division (A) of this section, a school	66901
must meet both of the following criteria:	66902

(1) Be hard to staff, as defined by the department.

66903

(2) Use existing school district funds for the implementation	66904
of the innovation in an amount equal to the grant amount	66905
multiplied by (1 - the district's state share percentage for the	66906
fiscal year in which the grant is awarded).	66907

For purposes of division (B)(2) of this section, "state share	66908
percentage" has the same meaning as in section ~~3306.02~~3317.02 of	66909
the Revised Code.	66910

(C) The amount and number of grants awarded under this	66911
section shall be determined by the department based on any	66912
appropriations made by the general assembly for grants under this	66913
section.	66914

(D) The state board of education shall adopt rules for the	66915
administration of this grant program.	66916

Sec. 3319.58. (A) As used in this section, "core subject	66917
area" has the same meaning as in section 3319.074 of the Revised	66918
Code.	66919

(B) Each year, the board of education of each city, exempted	66920
village, and local school district, governing authority of each	66921
community school established under Chapter 3314. of the Revised	66922
Code, and governing body of each STEM school established under	66923
Chapter 3326. of the Revised Code with a building in the lowest	66924
ten percentiles of performance index score, as ranked under	66925
section 3302.21 of the Revised Code, shall require each classroom	66926
teacher teaching in a core subject area in such a building to	66927
register for and take all written examinations prescribed by the	66928
state board of education for licensure to teach that core subject	66929
area and the grade level to which the teacher is assigned under	66930
section 3319.22 of the Revised Code. However, if a teacher who	66931
takes a prescribed examination under this division passes that	66932
examination and provides proof of that passage to the teacher's	66933
employer, the teacher shall not be required to take the	66934
examination again for three years, regardless of the performance	66935
index score ranking of the building in which the teacher teaches.	66936
No teacher shall be responsible for the cost of taking an	66937
examination under this division.	66938

(C) Each district board of education, each community school	66939
governing authority, and each STEM school governing body may use	66940
the results of a teacher's examinations required under division	66941
(B) of this section in developing and revising professional	66942
development plans and in deciding whether or not to continue	66943
employing the teacher in accordance with the provisions of this	66944
chapter or Chapter 3314. or 3326. of the Revised Code. However, no	66945
decision to terminate or not to renew a teacher's employment	66946
contract shall be made solely on the basis of the results of a	66947
teacher's examination under this section until and unless the	66948
teacher has not attained a passing score on the same required	66949
examination for at least three consecutive administrations of that	66950
examination.	66951

Sec. 3319.71. (A) The school health services advisory council	66952
shall make recommendations on the following topics:	66953

(1) The content of the course of instruction required to	66954
obtain a school nurse license under section 3319.221 of the	66955
Revised Code;	66956

(2) The content of the course of instruction required to	66957
obtain a school nurse wellness coordinator license under section	66958
3319.221 of the Revised Code;	66959

(3) Best practices for the use of school nurses and school	66960
nurse wellness coordinators in providing health and wellness	66961
programs for students and employees of school districts, community	66962
schools established under Chapter 3314. of the Revised Code, and	66963
STEM schools established under Chapter 3326. of the Revised Code.	66964

(B) The council shall issue its initial recommendations not	66965
later than March 31, 2010, and may issue subsequent	66966
recommendations as it considers necessary. Copies of all	66967
recommendations shall be provided to the state board of education,	66968
the chancellor of the Ohio board of regents, and the board of	66969
nursing~~, and the health care coverage and quality council~~.	66970

Sec. 3323.052. Not later than sixty days after the effective	66971
date of this section, the department of education shall develop a	66972
document that compares a parent's and child's rights under this	66973
chapter and 20 U.S.C. 1400 et seq. with the parent's and child's	66974
rights under the Jon Peterson special needs scholarship program,	66975
established in sections 3310.51 to 3310.64 of the Revised Code,	66976
including the deadline for application for a scholarship or	66977
renewal of a scholarship and notice of that application to the	66978
child's school district, prescribed in division (C) of section	66979
3310.52 of the Revised Code, and the provisions of divisions (A)	66980
and (B) of section 3310.53 of the Revised Code. The department	66981
shall revise that document as necessary to reflect any pertinent	66982
changes in state or federal statutory law, rule, or regulation	66983
enacted or adopted after the initial document is developed. The	66984
department and each school district shall ensure that the document	66985
prescribed in this section is included in, appended to, or	66986
otherwise distributed in conjunction with the notice required	66987
under 20 U.S.C. 1415(d), and any provision of the Code of Federal	66988
Regulations implementing that requirement, in the manner and at	66989
all the times specified for such notice in federal law or	66990
regulation. As used in this section, a "child's school district"	66991
means the school district in which the child is entitled to attend	66992
school under section 3313.64 or 3313.65 of the Revised Code.	66993

Sec. 3323.09. (A) As used in this section:

66994

(1) "Home" has the meaning given in section 3313.64 of the	66995
Revised Code.	66996

(2) "Preschool child" means a child who is at least age three	66997
but under age six on the thirtieth day of September of an academic	66998
year.	66999

(B) Each county DD board shall establish special education	67000
programs for all children with disabilities who in accordance with	67001
section 3323.04 of the Revised Code have been placed in special	67002
education programs operated by the county board and for preschool	67003
children who are developmentally delayed or at risk of being	67004
developmentally delayed. The board annually shall submit to the	67005
department of education a plan for the provision of these programs	67006
and, if applicable, a request for approval of units under section	67007
3317.05 of the Revised Code. The superintendent of public	67008
instruction shall review the plan and approve or modify it in	67009
accordance with rules adopted by the state board of education	67010
under section 3301.07 of the Revised Code. The superintendent of	67011
public instruction shall compile the plans submitted by county	67012
boards and shall submit a comprehensive plan to the state board.	67013

A county DD board may combine transportation for children	67014
enrolled in classes funded under section 3317.20 or units approved	67015
under section 3317.05 with transportation for children and adults	67016
enrolled in programs and services offered by the board under	67017
~~section 5126.12~~Chapter 5126. of the Revised Code.	67018

(C) A county DD board that during the school year provided	67019
special education pursuant to this section for any child with	67020
mental disabilities under twenty-two years of age shall prepare	67021
and submit the following reports and statements:	67022

(1) The board shall prepare a statement for each child who at	67023
the time of receiving such special education was a resident of a	67024
home and was not in the legal or permanent custody of an Ohio	67025
resident or a government agency in this state, and whose natural	67026
or adoptive parents are not known to have been residents of this	67027
state subsequent to the child's birth. The statement shall contain	67028
the child's name, the name of the child's school district of	67029
residence, the name of the county board providing the special	67030
education, and the number of months, including any fraction of a	67031
month, it was provided. Not later than the thirtieth day of June,	67032
the board shall forward a certified copy of such statement to both	67033
the director of developmental disabilities and to the home.	67034

Within thirty days after its receipt of a statement, the home	67035
shall pay tuition to the county board computed in the manner	67036
prescribed by section 3323.141 of the Revised Code.	67037

(2) The board shall prepare a report for each school district	67038
that is the school district of residence of one or more of such	67039
children for whom statements are not required by division (C)(1)	67040
of this section. The report shall contain the name of the county	67041
board providing special education, the name of each child	67042
receiving special education, the number of months, including	67043
fractions of a month, that the child received it, and the name of	67044
the child's school district of residence. Not later than the	67045
thirtieth day of June, the board shall forward certified copies of	67046
each report to the school district named in the report, the	67047
superintendent of public instruction, and the director of	67048
developmental disabilities.	67049

Sec. 3323.091. (A) The department of mental health, the	67050
department of developmental disabilities, the department of youth	67051
services, and the department of rehabilitation and correction	67052
shall establish and maintain special education programs for	67053
children with disabilities in institutions under their	67054
jurisdiction according to standards adopted by the state board of	67055
education.	67056

(B) The superintendent of each state institution required to	67057
provide services under division (A) of this section, and each	67058
county DD board, providing special education for preschool	67059
children with disabilities under this chapter may apply to the	67060
state department of education for unit funding, which shall be	67061
paid in accordance with sections 3317.052 and 3317.053 of the	67062
Revised Code.	67063

The superintendent of each state institution required to	67064
provide services under division (A) of this section may apply to	67065
the department of education for special education and related	67066
services weighted funding for children with disabilities other	67067
than preschool children with disabilities, calculated in	67068
accordance with section 3317.201 of the Revised Code.	67069

Each county DD board providing special education for children	67070
with disabilities other than preschool children with disabilities	67071
may apply to the department of education for base cost and special	67072
education and related services weighted funding calculated in	67073
accordance with section 3317.20 of the Revised Code.	67074

(C) In addition to the authorization to apply for state	67075
funding described in division (B) of this section, each state	67076
institution required to provide services under division (A) of	67077
this section is entitled to tuition payments calculated in the	67078
manner described in division (C) of this section.	67079

On or before the thirtieth day of June of each year, the	67080
superintendent of each institution that during the school year	67081
provided special education pursuant to this section shall prepare	67082
a statement for each child with a disability under twenty-two	67083
years of age who has received special education. The statement	67084
shall contain the child's data verification code assigned pursuant	67085
to division (D)(2) of section 3301.0714 of the Revised Code and	67086
the name of the child's school district of residence. Within sixty	67087
days after receipt of such statement, the department of education	67088
shall perform one of the following:	67089

(1) For any child except a preschool child with a disability	67090
described in division (C)(2) of this section, pay to the	67091
institution submitting the statement an amount equal to the	67092
tuition calculated under division (A) of section 3317.08 of the	67093
Revised Code for the period covered by the statement, and deduct	67094
the same from the amount of state funds, if any, payable under	67095
~~sections 3306.13 and 3317.023~~Chapter 3317. of the Revised Code,	67096
to the child's school district of residence or, if the amount of	67097
such state funds is insufficient, require the child's school	67098
district of residence to pay the institution submitting the	67099
statement an amount equal to the amount determined under this	67100
division.	67101

(2) For any preschool child with a disability not included in	67102
a unit approved under division (B) of section 3317.05 of the	67103
Revised Code, perform the following:	67104

(a) Pay to the institution submitting the statement an amount	67105
equal to the tuition calculated under division (B) of section	67106
3317.08 of the Revised Code for the period covered by the	67107
statement, except that in calculating the tuition under that	67108
section the operating expenses of the institution submitting the	67109
statement under this section shall be used instead of the	67110
operating expenses of the school district of residence;	67111

(b) Deduct from the amount of state funds, if any, payable	67112
under ~~sections 3317.022 or 3306.13 and 3317.023~~Chapter 3317. of	67113
the Revised Code to the child's school district of residence an	67114
amount equal to the amount paid under division (C)(2)(a) of this	67115
section.	67116

Sec. 3323.14. This section does not apply to any preschool	67117
child with a disability except if included in a unit approved	67118
under division (B) of section 3317.05 of the Revised Code.	67119

(A) Where a child who is a school resident of one school	67120
district receives special education from another district and the	67121
per capita cost to the educating district for that child exceeds	67122
the sum of the amount received by the educating district for that	67123
child under division (A) of section 3317.08 of the Revised Code	67124
and the amount received by the district from the state board of	67125
education for that child, then the board of education of the	67126
district of residence shall pay to the board of the school	67127
district that is providing the special education such excess cost	67128
as is determined by using a formula approved by the department of	67129
education and agreed upon in contracts entered into by the boards	67130
of the districts concerned at the time the district providing such	67131
special education accepts the child for enrollment. The department	67132
shall certify the amount of the payments under ~~Chapters 3306. and~~	67133
Chapter 3317. of the Revised Code for such pupils with	67134
disabilities for each school year ending on the thirtieth day of	67135
July.	67136

(B) In the case of a child described in division (A) of this	67137
section who has been placed in a home, as defined in section	67138
3313.64 of the Revised Code, pursuant to the order of a court and	67139
who is not subject to section 3323.141 of the Revised Code, the	67140
district providing the child with special education and related	67141
services may charge to the child's district of residence the	67142
excess cost determined by formula approved by the department,	67143
regardless of whether the district of residence has entered into a	67144
contract with the district providing the services. If the district	67145
providing the services chooses to charge excess costs, the	67146
district may report the amount calculated under this division to	67147
the department.	67148

(C) If a district providing special education for a child	67149
reports an amount for the excess cost of those services, as	67150
authorized and calculated under division (A) or (B) of this	67151
section, the department shall pay that amount of excess cost to	67152
the district providing the services and shall deduct that amount	67153
from the child's district of residence in accordance with division	67154
~~(N)~~(K) of section 3317.023 of the Revised Code.	67155

Sec. 3323.142. This section does not apply to any preschool	67156
child with a disability except if included in a unit approved	67157
under division (B) of section 3317.05 of the Revised Code.	67158

As used in this section, "per pupil amount" for a preschool	67159
child with a disability included in such an approved unit means	67160
the amount determined by dividing the amount received for the	67161
classroom unit in which the child has been placed by the number of	67162
children in the unit. For any other child, "per pupil amount"	67163
means the amount paid for the child under section 3317.20 of the	67164
Revised Code.	67165

When a school district places or has placed a child with a	67166
county DD board for special education, but another district is	67167
responsible for tuition under section 3313.64 or 3313.65 of the	67168
Revised Code and the child is not a resident of the territory	67169
served by the county DD board, the board may charge the district	67170
responsible for tuition with the educational costs in excess of	67171
the per pupil amount received by the board under ~~Chapters 3306.~~	67172
~~and~~Chapter 3317. of the Revised Code. The amount of the excess	67173
cost shall be determined by the formula established by rule of the	67174
department of education under section 3323.14 of the Revised Code,	67175
and the payment for such excess cost shall be made by the school	67176
district directly to the county DD board.	67177

A school district board of education and the county DD board	67178
that serves the school district may negotiate and contract, at or	67179
after the time of placement, for payments by the board of	67180
education to the county DD board for additional services provided	67181
to a child placed with the county DD board and whose	67182
individualized education program established pursuant to section	67183
3323.08 of the Revised Code requires additional services that are	67184
not routinely provided children in the county DD board's program	67185
but are necessary to maintain the child's enrollment and	67186
participation in the program. Additional services may include, but	67187
are not limited to, specialized supplies and equipment for the	67188
benefit of the child and instruction, training, or assistance	67189
provided by staff members other than staff members for which	67190
funding is received under Chapter ~~3306. or~~ 3317. of the Revised	67191
Code.	67192

Sec. 3323.31. The Franklin county educational service center	67193
shall establish the Ohio ~~Center~~center for ~~Autism~~autism and ~~Low~~	67194
~~Incidence~~low incidence. The ~~Center~~center shall administer	67195
programs and coordinate services for infants, preschool and	67196
school-age children, and adults with autism and low incidence	67197
disabilities. The ~~Center's~~center's principal focus shall be	67198
programs and services for persons with autism. The ~~Center~~center	67199
shall be under the direction of an executive director, appointed	67200
by the superintendent of the service center in consultation with	67201
the advisory board established under section 3323.33 of the	67202
Revised Code.	67203

In addition to its other duties, the Ohio ~~Center~~center for	67204
~~Autism~~autism and ~~Low Incidence~~low incidence shall participate	67205
as a member of anthe interagency workgroup on autism, as it is	67206
established by the ~~department~~director of developmental	67207
disabilities ~~and~~under section 5123.0419 of the Revised Code. The	67208
center shall provide technical assistance and support to the	67209
department of developmental disabilities in the department's	67210
leadership role to develop and implement the ~~initiatives~~	67211
~~identified by~~projects and activities of the workgroup.	67212

Sec. 3324.05. (A) Each school district shall submit an	67213
annual report to the department of education specifying the number	67214
of students in each of grades kindergarten through ~~twelfth~~twelve	67215
screened, the number assessed, and the number identified as gifted	67216
in each category specified in section 3324.03 of the Revised Code.	67217

(B) The department of education shall audit each school	67218
district's identification numbers at least once every three years	67219
and may select any district at random or upon complaint or	67220
suspicion of noncompliance for a further audit to determine	67221
compliance with sections 3324.03 to 3324.06 of the Revised Code.	67222

(C) The department shall provide technical assistance to any	67223
district found in noncompliance under division (B) of this	67224
section. The department may reduce funds received by the district	67225
under ~~Chapters 3306. and~~Chapter 3317. of the Revised Code by any	67226
amount if the district continues to be noncompliant.	67227

Sec. 3325.08. (A) A diploma shall be granted by the	67228
superintendent of the state school for the blind and the	67229
superintendent of the state school for the deaf to any student	67230
enrolled in one of these state schools to whom all of the	67231
following apply:	67232

(1) The student has successfully completed the individualized	67233
education program developed for the student for the student's high	67234
school education pursuant to section 3323.08 of the Revised Code;	67235

(2) Subject to section 3313.614 of the Revised Code, the	67236
student has met the assessment requirements of division (A)(2)(a)	67237
or (b) of this section, as applicable.	67238

(a) If the student entered the ninth grade prior to the date	67239
prescribed by rule of the state board of education under division	67240
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the student	67241
either:	67242

(i) Has attained at least the applicable scores designated	67243
under division (B)(1) of section 3301.0710 of the Revised Code on	67244
all the assessments prescribed by that division unless division	67245
(L) of section 3313.61 of the Revised Code applies to the student;	67246

(ii) Has satisfied the alternative conditions prescribed in	67247
section 3313.615 of the Revised Code.	67248

(b) If the student entered the ninth grade on or after the	67249
date prescribed by rule of the state board under division	67250
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the student	67251
has ~~attained on~~met the requirements of the entire assessment	67252
system prescribed under division (B)(2) of section 3301.0710 of	67253
the Revised Code ~~at least the required passing composite score,~~	67254
~~designated under division (C)(1) of section 3301.0712 of the~~	67255
~~Revised Code~~, except to the extent that division (L) of section	67256
3313.61 of the Revised Code applies to the student.	67257

(3) The student is not eligible to receive an honors diploma	67258
granted pursuant to division (B) of this section.	67259

No diploma shall be granted under this division to anyone	67260
except as provided under this division.	67261

(B) In lieu of a diploma granted under division (A) of this	67262
section, the superintendent of the state school for the blind and	67263
the superintendent of the state school for the deaf shall grant an	67264
honors diploma, in the same manner that the boards of education of	67265
school districts grant such diplomas under division (B) of section	67266
3313.61 of the Revised Code, to any student enrolled in one of	67267
these state schools who accomplishes all of the following:	67268

(1) Successfully completes the individualized education	67269
program developed for the student for the student's high school	67270
education pursuant to section 3323.08 of the Revised Code;	67271

(2) Subject to section 3313.614 of the Revised Code, has met	67272
the assessment requirements of division (B)(2)(a) or (b) of this	67273
section, as applicable.	67274

(a) If the student entered the ninth grade prior to the date	67275
prescribed by rule of the state board under division ~~(E)~~(D)(2) of	67276
section 3301.0712 of the Revised Code, the student either:	67277

(i) Has attained at least the applicable scores designated	67278
under division (B)(1) of section 3301.0710 of the Revised Code on	67279
all the assessments prescribed under that division;	67280

(ii) Has satisfied the alternative conditions prescribed in	67281
section 3313.615 of the Revised Code.	67282

(b) If the student entered the ninth grade on or after the	67283
date prescribed by rule of the state board under division	67284
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the student	67285
has ~~attained on~~met the requirements of the entire assessment	67286
system prescribed under division (B)(2) of section 3301.0710 of	67287
the Revised Code ~~at least the required passing composite score,~~	67288
~~designated under division (C)(1) of section 3301.0712 of the~~	67289
~~Revised Code~~.	67290

(3) Has met additional criteria for granting an honors	67291
diploma.	67292

These additional criteria shall be the same as those	67293
prescribed by the state board under division (B) of section	67294
3313.61 of the Revised Code for the granting of such diplomas by	67295
school districts. No honors diploma shall be granted to anyone	67296
failing to comply with this division and not more than one honors	67297
diploma shall be granted to any student under this division.	67298

(C) A diploma or honors diploma awarded under this section	67299
shall be signed by the superintendent of public instruction and	67300
the superintendent of the state school for the blind or the	67301
superintendent of the state school for the deaf, as applicable.	67302
Each diploma shall bear the date of its issue and be in such form	67303
as the school superintendent prescribes.	67304

(D) Upon granting a diploma to a student under this section,	67305
the superintendent of the state school in which the student is	67306
enrolled shall provide notice of receipt of the diploma to the	67307
board of education of the school district where the student is	67308
entitled to attend school under section 3313.64 or 3313.65 of the	67309
Revised Code when not residing at the state school for the blind	67310
or the state school for the deaf. The notice shall indicate the	67311
type of diploma granted.	67312

Sec. 3326.11. Each science, technology, engineering, and	67313
mathematics school established under this chapter and its	67314
governing body shall comply with sections 9.90, 9.91, 109.65,	67315
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	67316
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	67317
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	67318
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	67319
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	67320
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	67321
3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71,	67322
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	67323
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,	67324
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	67325
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	67326
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	67327
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	67328
4123., 4141., and 4167. of the Revised Code as if it were a school	67329
district.	67330

Sec. 3326.33. Payments and deductions under this section for	67331
fiscal years ~~2010~~2012 and ~~2011~~2013 shall be made in accordance	67332
with section 3326.39 of the Revised Code.	67333

For each student enrolled in a science, technology,	67334
engineering, and mathematics school established under this	67335
chapter, the department of education annually shall deduct from	67336
the state education aid of a student's resident school district	67337
and, if necessary, from the payment made to the district under	67338
sections 321.24 and 323.156 of the Revised Code and pay to the	67339
school the sum of the following:	67340

(A) The sum of the formula amount plus the per pupil amount	67341
of the base funding supplements specified in divisions (C)(1) to	67342
(4) of section 3317.012 of the Revised Code.	67343

(B) If the student is receiving special education and related	67344
services pursuant to an IEP, the product of the applicable special	67345
education weight times the formula amount;	67346

(C) If the student is enrolled in vocational education	67347
programs or classes that are described in section 3317.014 of the	67348
Revised Code, are provided by the school, and are comparable as	67349
determined by the superintendent of public instruction to school	67350
district vocational education programs and classes eligible for	67351
state weighted funding under section 3317.014 of the Revised Code,	67352
the product of the applicable vocational education weight times	67353
the formula amount times the percentage of time the student spends	67354
in the vocational education programs or classes;	67355

(D) If the student is included in the poverty student count	67356
of the student's resident district, the per pupil amount of the	67357
district's payment under division (C) of section 3317.029 of the	67358
Revised Code;	67359

(E) If the student is identified as limited English	67360
proficient and the student's resident district receives a payment	67361
for services to limited English proficient students under division	67362
(F) of section 3317.029 of the Revised Code, the per pupil amount	67363
of the district's payment under that division, calculated in the	67364
same manner as per pupil payments are calculated under division	67365
(C)(6) of section 3314.08 of the Revised Code;	67366

(F) If the student's resident district receives a payment	67367
under division (G), (H), or (I) of section 3317.029 of the Revised	67368
Code, the per pupil amount of the district's payments under each	67369
division, calculated in the same manner as per pupil payments are	67370
calculated under divisions (C)(7) and (8) of section 3314.08 of	67371
the Revised Code;	67372

(G) If the student's resident district receives a parity aid	67373
payment under section 3317.0217 of the Revised Code, the per pupil	67374
amount calculated for the district under division (C) or (D) of	67375
that section.	67376

Sec. 3326.39. For purposes of applying sections 3326.31 to	67377
3326.37 of the Revised Code to fiscal years ~~2010~~2012 and ~~2011~~	67378
2013:	67379

(A) The formula amount for STEM schools for each of fiscal	67380
~~year 2010 is $5,718, and for fiscal year 2011 is $5,703. These~~	67381
~~respective amounts~~years 2012 and 2013 is $5,653. That amount	67382
shall be applied wherein sections 3326.31 to 3326.37 of the	67383
Revised Code the formula amount is specified, except for deducting	67384
and paying amounts for special education weighted funding and	67385
vocational education weighted funding.	67386

(B) The base funding supplements under section 3317.012 of	67387
the Revised Code shall be deemed in each year to be the amounts	67388
specified in that section for fiscal year 2009. Accordingly, when	67389
computing the per-pupil base funding supplements for a STEM school	67390
under that section for fiscal years 2012 and 2013, the department	67391
of education shall substitute $5,732 for the "formula amount" as	67392
used in divisions (C)(2), (3), and (4) of that section.	67393

(C) Special education additional weighted funding shall be	67394
calculated by first grouping children with disabilities into the	67395
appropriate disability categories prescribed by section 3317.013	67396
of the Revised Code as amended by H.B. 153 of the 129th general	67397
assembly, and then by multiplying the ~~applicable weight~~respective	67398
multiple specified for fiscal year 2009 in that section ~~3317.013~~	67399
~~of the Revised Code~~, as it existed for that fiscal year ~~2009~~,	67400
times $5,732.	67401

(D) Vocational education additional weighted funding shall be	67402
calculated by multiplying the applicable weight specified in	67403
section 3317.014 of the Revised Code for fiscal year 2009 times	67404
$5,732.	67405

(E) The per pupil amounts paid to a school district under	67406
sections 3317.029 and 3317.0217 of the Revised Code shall be	67407
deemed to be the respective per pupil amounts paid under those	67408
sections to that district for fiscal year 2009.	67409

Sec. 3327.02. (A) After considering each of the following	67410
factors, the board of education of a city, exempted village, or	67411
local school district may determine that it is impractical to	67412
transport a pupil who is eligible for transportation to and from a	67413
school under section 3327.01 of the Revised Code:	67414

(1) The time and distance required to provide the	67415
transportation;	67416

(2) The number of pupils to be transported;

67417

(3) The cost of providing transportation in terms of	67418
equipment, maintenance, personnel, and administration;	67419

(4) Whether similar or equivalent service is provided to	67420
other pupils eligible for transportation;	67421

(5) Whether and to what extent the additional service	67422
unavoidably disrupts current transportation schedules;	67423

(6) Whether other reimbursable types of transportation are	67424
available.	67425

(B)(1) Based on its consideration of the factors established	67426
in division (A) of this section, the board may pass a resolution	67427
declaring the impracticality of transportation. The resolution	67428
shall include each pupil's name and the reason for impracticality.	67429

(2) The board shall report its determination to the state	67430
board of education in a manner determined by the state board.	67431

(3) The board of education of a local school district	67432
additionally shall submit the resolution for concurrence to the	67433
educational service center that contains the local district's	67434
territory. If the educational service center governing board	67435
considers transportation by school conveyance practicable, it	67436
shall so inform the local board and transportation shall be	67437
provided by such local board. If the educational service center	67438
board agrees with the view of the local board, the local board may	67439
offer payment in lieu of transportation as provided in this	67440
section.	67441

(C) After passing the resolution declaring the impracticality	67442
of transportation, the district board shall offer to provide	67443
payment in lieu of transportation by doing the following:	67444

(1) In accordance with guidelines established by the	67445
department of education, informing the pupil's parent, guardian,	67446
or other person in charge of the pupil of both of the following:	67447

(a) The board's resolution;

67448

(b) The right of the pupil's parent, guardian, or other	67449
person in charge of the pupil to accept the offer of payment in	67450
lieu of transportation or to reject the offer and instead request	67451
the department to initiate mediation procedures.	67452

(2) Issuing the pupil's parent, guardian, or other person in	67453
charge of the pupil a contract or other form on which the parent,	67454
guardian, or other person in charge of the pupil is given the	67455
option to accept or reject the board's offer of payment in lieu of	67456
transportation.	67457

(D) If the parent, guardian, or other person in charge of the	67458
pupil accepts the offer of payment in lieu of providing	67459
transportation, the board shall pay the parent, guardian, or other	67460
person in charge of the ~~child~~pupil an amount that shall be not	67461
less than the amount determined by the department of education as	67462
the minimum for payment in lieu of transportation, and not more	67463
than the amount determined by the department as the average cost	67464
of pupil transportation for the previous school year. Payment may	67465
be prorated if the time period involved is only a part of the	67466
school year.	67467

(E)(1)(a) Upon the request of a parent, guardian, or other	67468
person in charge of the pupil who rejected the payment in lieu of	67469
transportation, the department shall conduct mediation procedures.	67470

(b) If the mediation does not resolve the dispute, the state	67471
board of education shall conduct a hearing in accordance with	67472
Chapter 119. of the Revised Code. The state board may approve the	67473
payment in lieu of transportation or may order the board of	67474
education to provide transportation. The decision of the state	67475
board is binding in subsequent years and on future parties in	67476
interest provided the facts of the determination remain	67477
comparable.	67478

(2) The school district shall provide transportation for the	67479
pupil from the time the parent, guardian, or other person in	67480
charge of the pupil requests mediation until the matter is	67481
resolved under division (E)(1)(a) or (b) of this section.	67482

(F)(1) If the department determines that a school district	67483
board has failed or is failing to provide transportation as	67484
required by division (E)(2) of this section or as ordered by the	67485
state board under division (E)(1)(b) of this section, the	67486
department shall order the school district board to pay to the	67487
pupil's parent, guardian, or other person in charge of the pupil,	67488
an amount equal to the state average daily cost of transportation	67489
as determined by the state board of education for the previous	67490
year. The school district board shall make payments on a schedule	67491
ordered by the department.	67492

(2) If the department subsequently finds that a school	67493
district board is not in compliance with an order issued under	67494
division (F)(1) of this section and the affected pupils are	67495
enrolled in a nonpublic or community school, the department shall	67496
deduct the amount that the board is required to pay under that	67497
order from any pupil transportation payments the department makes	67498
to the school district board under section ~~3306.12~~3317.0212 of	67499
the Revised Code or other provisions of law. The department shall	67500
use the moneys so deducted to make payments to the nonpublic or	67501
community school attended by the pupil. The department shall	67502
continue to make the deductions and payments required under this	67503
division until the school district board either complies with the	67504
department's order issued under division (F)(1) of this section or	67505
begins providing transportation.	67506

(G) A nonpublic or community school that receives payments	67507
from the department under division (F)(2) of this section shall do	67508
either of the following:	67509

(1) Disburse the entire amount of the payments to the parent,	67510
guardian, or other person in ~~control~~charge of the pupil affected	67511
by the failure of the school district of residence to provide	67512
transportation;	67513

(2) Use the entire amount of the payments to provide	67514
acceptable transportation for the affected pupil.	67515

Sec. 3327.04. (A) The board of education of any city,	67516
exempted village, or local school district may contract with the	67517
board of another district for the admission or transportation, or	67518
both, of pupils into any school in such other district, on terms	67519
agreed upon by such boards.	67520

(B) The boards of two school districts may enter into a	67521
contract under this section to share the provision of	67522
transportation to a child who resides in one school district and	67523
attends school in the other district. Under such an agreement, one	67524
district may claim the total transportation subsidy available for	67525
such child under section ~~3306.12~~3317.0212 of the Revised Code or	67526
other provisions of law and may agree to pay any portion of such	67527
subsidy to the other district sharing the provision of	67528
transportation to that child. The contract shall delineate the	67529
transportation responsibilities of each district.	67530

A school district that enters into a contract under this	67531
section is not liable for any injury, death, or loss to the person	67532
or property of a student that may occur while the student is being	67533
furnished transportation by the other school district that is a	67534
party to the contract.	67535

(C) Whenever a board not maintaining a high school enters	67536
into an agreement with one or more boards maintaining such school	67537
for the schooling of all its high school pupils, the board making	67538
such agreement is exempt from the payment of tuition at other high	67539
schools of pupils living within three miles of the school	67540
designated in the agreement. In case no such agreement is entered	67541
into, the high school to be attended can be selected by the pupil	67542
holding an eighth grade diploma, and the tuition shall be paid by	67543
the board of the district of school residence.	67544

Sec. 3327.05. (A) Except as provided in division (B) of this	67545
section, no board of education of any school district shall	67546
provide transportation for any pupil who is a school resident of	67547
another school district unless the pupil is enrolled pursuant to	67548
section 3313.98 of the Revised Code or the board of the other	67549
district has given its written consent thereto. If the board of	67550
any school district files with the state board of education a	67551
written complaint that transportation for resident pupils is being	67552
provided by the board of another school district contrary to this	67553
division, the state board of education shall make an investigation	67554
of such complaint. If the state board of education finds that	67555
transportation is being provided contrary to this section, it may	67556
withdraw from state funds due the offending district any part of	67557
the amount that has been approved for transportation pursuant to	67558
section ~~3306.12~~3317.0212 of the Revised Code or other provisions	67559
of law.	67560

(B) Notwithstanding division (D) of section 3311.19 and	67561
division (D) of section 3311.52 of the Revised Code, this division	67562
does not apply to any joint vocational or cooperative education	67563
school district.	67564

A board of education may provide transportation to and from	67565
the nonpublic school of attendance if both of the following apply:	67566

(1) The parent, guardian, or other person in charge of the	67567
pupil agrees to pay the board for all costs incurred in providing	67568
the transportation that are not reimbursed pursuant to Chapter	67569
~~3306. or~~ 3317. of the Revised Code;	67570

(2) The pupil's school district of residence does not provide	67571
transportation for public school pupils of the same grade as the	67572
pupil being transported under this division, or that district is	67573
not required under section 3327.01 of the Revised Code to	67574
transport the pupil to and from the nonpublic school because the	67575
direct travel time to the nonpublic school is more than thirty	67576
minutes.	67577

Upon receipt of the request to provide transportation, the	67578
board shall review the request and determine whether the board	67579
will accommodate the request. If the board agrees to transport the	67580
pupil, the board may transport the pupil to and from the nonpublic	67581
school and a collection point in the district, as determined by	67582
the board. If the board transports the pupil, the board may	67583
include the pupil in the district's transportation ADM reported to	67584
the department of education under section 3317.03 of the Revised	67585
Code and, accordingly, may receive a state payment under section	67586
~~3306.12~~3317.0212 of the Revised Code or other provisions of law	67587
for transporting the pupil.	67588

If the board declines to transport the pupil, the board, in a	67589
written communication to the parent, guardian, or other person in	67590
charge of the pupil, shall state the reasons for declining the	67591
request.	67592

Sec. 3328.01. As used in this chapter:

67593

(A) "Child with a disability," "IEP," and "school district of	67594
residence" have the same meanings as in section 3323.01 of the	67595
Revised Code.	67596

(B) "Eligible student" means a student who is entitled to	67597
attend school in a participating school district; is at risk of	67598
academic failure; is from a family whose income is below two	67599
hundred per cent of the federal poverty guidelines, as defined in	67600
section 5101.46 of the Revised Code; meets any additional criteria	67601
prescribed by agreement between the state board of education and	67602
the operator of the college-preparatory boarding school in which	67603
the student seeks enrollment; and meets at least two of the	67604
following additional conditions:	67605

(1) The student has a record of in-school disciplinary	67606
actions, suspensions, expulsions, or truancy.	67607

(2) The student has not attained at least a proficient score	67608
on the state achievement assessments in English language arts,	67609
reading, or mathematics prescribed under section 3301.0710 of the	67610
Revised Code, after those assessments have been administered to	67611
the student at least once, or the student has not attained at	67612
least a score designated by the board of trustees of the	67613
college-preparatory boarding school in which the student seeks	67614
enrollment under this chapter on an end-of-course examination in	67615
English language arts or mathematics prescribed under section	67616
3301.0712 of the Revised Code.	67617

(3) The student is a child with a disability.

67618

(4) The student has been referred for academic intervention	67619
services.	67620

(5) The student's head of household is a single parent. As	67621
used in this division and in division (B)(6) of this section,	67622
"head of household" means a person who occupies the same household	67623
as the student and who is financially responsible for the student.	67624

(6) The student's head of household is not the student's	67625
custodial parent.	67626

(7) A member of the student's family has been imprisoned, as	67627
defined in section 1.05 of the Revised Code.	67628

(C) "Entitled to attend school" means entitled to attend	67629
school in a school district under section 3313.64 or 3313.65 of	67630
the Revised Code.	67631

(D) "Formula ADM" and "category one through six special	67632
education ADM" have the same meanings as in section 3306.02 of the	67633
Revised Code.	67634

(E) "Operator" means the operator of a college-preparatory	67635
boarding school selected under section 3328.11 of the Revised	67636
Code.	67637

(F) "Participating school district" means either of the	67638
following:	67639

(1) The school district in which a college-preparatory	67640
boarding school established under this chapter is located;	67641

(2) A school district other than one described in division	67642
(F)(1) of this section that, pursuant to procedures adopted by the	67643
state board of education under section 3328.04 of the Revised	67644
Code, agrees to be a participating school district so that	67645
eligible students entitled to attend school in that district may	67646
enroll in a college-preparatory boarding school established under	67647
this chapter.	67648

(G) "State education aid" has the same meaning as in section	67649
3317.02 of the Revised Code.	67650

Sec. 3328.02. Each college-preparatory boarding school	67651
established under this chapter is a public school and is part of	67652
the state's program of education, subject to a charter granted by	67653
the state board of education under section 3301.16 of the Revised	67654
Code.	67655

Sec. 3328.03. In accordance with Section 22 of Article II,	67656
Ohio Constitution, no agreement or contract entered into under	67657
this chapter shall create an obligation of state funds for a	67658
period longer than two years; however, the general assembly, every	67659
two years, may authorize renewal of any such obligation.	67660

Sec. 3328.04. The city, exempted village, or local school	67661
district in which a college-preparatory boarding school	67662
established under this chapter is located is a participating	67663
school district under this chapter. Any other city, exempted	67664
village, or local school district may agree to be a participating	67665
school district. The state board of education shall adopt	67666
procedures for districts to agree to be participating school	67667
districts.	67668

Sec. 3328.11. (A) In accordance with the procedures	67669
prescribed in division (B) of this section, the state board of	67670
education shall select a private nonprofit corporation that meets	67671
the following qualifications to operate each college-preparatory	67672
boarding school established under this chapter:	67673

(1) The corporation has experience operating a school or	67674
program similar to the schools authorized under this chapter.	67675

(2) The school or program described in division (A)(1) of	67676
this section has demonstrated to the satisfaction of the state	67677
board success in improving the academic performance of students.	67678

(3) The corporation has demonstrated to the satisfaction of	67679
the state board that the corporation has the capacity to secure	67680
private funds for the development of the school authorized under	67681
this chapter.	67682

(B)(1) Not later than sixty days after the effective date of	67683
this section, the state board shall issue a request for proposals	67684
from private nonprofit corporations qualified to operate a	67685
college-preparatory boarding school established under this	67686
chapter. If the state board subsequently determines that the	67687
establishment of one or more additional college-preparatory	67688
boarding schools is advisable, the state board shall issue	67689
requests for proposals from private nonprofit corporations	67690
qualified to operate those additional schools.	67691

In all cases, the state board shall select the school's	67692
operator from among the qualified responders within one hundred	67693
eighty days after the issuance of the request for proposals. If no	67694
qualified responder submits a proposal, the state board may issue	67695
another request for proposals.	67696

(2) Each proposal submitted to the state board shall contain	67697
the following information:	67698

(a) The proposed location of the college-preparatory boarding	67699
school, which may differ from any location recommended by the	67700
state board in the request for proposals;	67701

(b) A plan for offering grade six in the school's initial	67702
year of operation and a plan for increasing the grade levels	67703
offered by the school in subsequent years;	67704

(c) Any other information about the proposed educational	67705
program, facilities, or operations of the school considered	67706
necessary by the state board.	67707

Sec. 3328.12. The state board of education shall enter into	67708
a contract with the operator of each college-preparatory boarding	67709
school established under this chapter. The contract shall	67710
stipulate the following:	67711

(A) The school may operate only if and to the extent the	67712
school holds a valid charter granted by the state board under	67713
section 3301.16 of the Revised Code.	67714

(B) The operator shall oversee the acquisition of a facility	67715
for the school.	67716

(C) The operator shall operate the school in accordance with	67717
the terms of the proposal accepted by the state board under	67718
section 3328.11 of the Revised Code, including the plan for	67719
increasing the grade levels offered by the school.	67720

(D) The school shall comply with the provisions of this	67721
chapter.	67722

(E) The school shall comply with any other provisions of law	67723
specified in the contract, the charter granted by the state board,	67724
and the rules adopted by the state board under section 3328.50 of	67725
the Revised Code.	67726

(F) The school shall comply with the bylaws adopted by the	67727
operator under section 3328.13 of the Revised Code.	67728

(G) The school shall meet the academic goals and other	67729
performance standards specified in the contract.	67730

(H) The state board or the operator may terminate the	67731
contract in accordance with the procedures specified in the	67732
contract, which shall include at least a requirement that the	67733
party seeking termination give prior notice of the intent to	67734
terminate the contract and a requirement that the party receiving	67735
such notice be granted an opportunity to redress any grievances	67736
cited in the notice prior to the termination.	67737

(I) If the school closes for any reason, the school's board	67738
of trustees shall execute the closing in the manner specified in	67739
the contract.	67740

Sec. 3328.13. Each operator of a college-preparatory boarding	67741
school established under this chapter shall adopt bylaws for the	67742
oversight and operation of the school that are consistent with the	67743
provisions of this chapter, the rules adopted under section	67744
3328.50 of the Revised Code, the contract between the operator and	67745
the state board of education, and the charter granted to the	67746
school by the state board. The bylaws shall include procedures for	67747
the appointment of members of the school's board of trustees,	67748
whose terms of office shall be as prescribed in section 3328.15 of	67749
the Revised Code. The bylaws also shall include standards for the	67750
admission of students to the school and their dismissal from the	67751
school. The bylaws shall be subject to the approval of the state	67752
board.	67753

Sec. 3328.14. Each operator of a college-preparatory boarding	67754
school established under this chapter shall adopt a program of	67755
outreach to inform every city, local, and exempted village school	67756
district about the school and the procedures for admission to the	67757
school and for becoming a participating school district.	67758

Sec. 3328.15. (A) Each college-preparatory boarding school	67759
established under this chapter shall be governed by a board of	67760
trustees consisting of up to twenty-five members. Five of those	67761
members shall be appointed by the governor, with the advice and	67762
consent of the senate. The governor's appointments may be based on	67763
nonbinding recommendations made by the superintendent of public	67764
instruction. The remaining members shall be appointed pursuant to	67765
the bylaws adopted under section 3328.13 of the Revised Code.	67766

(B) The terms of office of the initial members shall be as	67767
follows:	67768

(1) Two members appointed by the governor shall serve for an	67769
initial term of three years.	67770

(2) Two members appointed by the governor shall serve for an	67771
initial term of two years.	67772

(3) One member appointed by the governor shall serve for an	67773
initial term of one year.	67774

(4) One-third of the members appointed pursuant to the	67775
bylaws, rounded down to the nearest whole number, shall serve for	67776
an initial term of three years.	67777

(5) One-third of the members appointed pursuant to the	67778
bylaws, rounded down to the nearest whole number, shall serve for	67779
an initial term of two years.	67780

(6) One-third of the members appointed pursuant to the	67781
bylaws, rounded down to the nearest whole number, shall serve for	67782
an initial term of one year.	67783

(7) Any remaining members appointed pursuant to the bylaws	67784
shall serve for an initial term of one year.	67785

Thereafter the terms of office of all members shall be for	67786
three years.	67787

The beginning date and ending date of terms of office shall	67788
be as prescribed in the bylaws adopted under section 3328.13 of	67789
the Revised Code.	67790

(C) Vacancies on the board shall be filled in the same manner	67791
as the initial appointments. A member appointed to an unexpired	67792
term shall serve for the remainder of that term and may be	67793
reappointed subject to division (D) of this section.	67794

(D) No member may serve for more than three consecutive	67795
three-year terms.	67796

(E) The officers of the board shall be selected by and from	67797
among the members of the board.	67798

(F) Compensation for the members of the board, if any, shall	67799
be as prescribed in the bylaws adopted under section 3328.13 of	67800
the Revised Code.	67801

Sec. 3328.17. Employees of a college-preparatory boarding	67802
school established under this chapter may organize and	67803
collectively bargain pursuant to Chapter 4117. of the Revised	67804
Code. Notwithstanding division (D)(1) of section 4117.06 of the	67805
Revised Code, a unit containing teaching and nonteaching employees	67806
employed under this section may be considered an appropriate unit.	67807

Sec. 3328.18. (A) As used in this section, "license" has the	67808
same meaning as in section 3319.31 of the Revised Code.	67809

(B) If a person who is employed by a college-preparatory	67810
boarding school established under this chapter or its operator is	67811
arrested, summoned, or indicted for an alleged violation of an	67812
offense listed in division (C) of section 3319.31 of the Revised	67813
Code, if the person holds a license, or an offense listed in	67814
division (B)(1) of section 3319.39 of the Revised Code, if the	67815
person does not hold a license, the chief administrator of the	67816
school in which that person works shall suspend that person from	67817
all duties that require the care, custody, or control of a child	67818
during the pendency of the criminal action against the person. If	67819
the person who is arrested, summoned, or indicted for an alleged	67820
violation of an offense listed in division (C) of section 3319.31	67821
or division (B)(1) of section 3319.39 of the Revised Code is the	67822
chief administrator of the school, the board of trustees of the	67823
school shall suspend the chief administrator from all duties that	67824
require the care, custody, or control of a child.	67825

(C) When a person who holds a license is suspended in	67826
accordance with this section, the chief administrator or board	67827
that imposed the suspension promptly shall report the person's	67828
suspension to the department of education. The report shall	67829
include the offense for which the person was arrested, summoned,	67830
or indicted.	67831

Sec. 3328.19. (A) As used in this section:

67832

(1) "Conduct unbecoming to the teaching profession" shall be	67833
as described in rules adopted by the state board of education.	67834

(2) "Intervention in lieu of conviction" means intervention	67835
in lieu of conviction under section 2951.041 of the Revised Code.	67836

(3) "License" has the same meaning as in section 3319.31 of	67837
the Revised Code.	67838

(4) "Pre-trial diversion program" means a pre-trial diversion	67839
program under section 2935.36 of the Revised Code or a similar	67840
diversion program under rules of a court.	67841

(B) The chief administrator of each college-preparatory	67842
boarding school established under this chapter, or the president	67843
or chairperson of the board of trustees of the school if division	67844
(C) of this section applies, shall promptly submit to the	67845
superintendent of public instruction the information prescribed in	67846
division (D) of this section when any of the following conditions	67847
applies to a person employed to work in the school who holds a	67848
license issued by the state board of education:	67849

(1) The chief administrator, or president or chairperson,	67850
knows that the employee has pleaded guilty to, has been found	67851
guilty by a jury or court of, has been convicted of, has been	67852
found to be eligible for intervention in lieu of conviction for,	67853
or has agreed to participate in a pre-trial diversion program for	67854
an offense described in division (B)(2) or (C) of section 3319.31	67855
or division (B)(1) of section 3319.39 of the Revised Code.	67856

(2) The board of trustees of the school, or the operator, has	67857
initiated termination or nonrenewal proceedings against, has	67858
terminated, or has not renewed the contract of the employee	67859
because the board or operator has reasonably determined that the	67860
employee has committed an act that is unbecoming to the teaching	67861
profession or an offense described in division (B)(2) or (C) of	67862
section 3319.31 or division (B)(1) of section 3319.39 of the	67863
Revised Code.	67864

(3) The employee has resigned under threat of termination or	67865
nonrenewal as described in division (B)(2) of this section.	67866

(4) The employee has resigned because of or in the course of	67867
an investigation by the board or operator regarding whether the	67868
employee has committed an act that is unbecoming to the teaching	67869
profession or an offense described in division (B)(2) or (C) of	67870
section 3319.31 or division (B)(1) of section 3319.39 of the	67871
Revised Code.	67872

(C) If the employee to whom any of the conditions prescribed	67873
in divisions (B)(1) to (4) of this section applies is the chief	67874
administrator of the school, the president or chairperson of the	67875
board of trustees of the school shall make the report required	67876
under this section.	67877

(D) If a report is required under this section, the chief	67878
administrator, or president or chairperson, shall submit to the	67879
superintendent of public instruction the name and social security	67880
number of the employee about whom the information is required and	67881
a factual statement regarding any of the conditions prescribed in	67882
divisions (B)(1) to (4) of this section that apply to the	67883
employee.	67884

(E) A determination made by the board or operator as	67885
described in division (B)(2) of this section or a termination,	67886
nonrenewal, resignation, or other separation described in	67887
divisions (B)(2) to (4) of this section does not create a	67888
presumption of the commission or lack of the commission by the	67889
employee of an act unbecoming to the teaching profession or an	67890
offense described in division (B)(2) or (C) of section 3319.31 or	67891
division (B)(1) of section 3319.39 of the Revised Code.	67892

(F) No individual required to submit a report under division	67893
(B) of this section shall knowingly fail to comply with that	67894
division.	67895

(G) An individual who provides information to the	67896
superintendent of public instruction in accordance with this	67897
section in good faith shall be immune from any civil liability	67898
that otherwise might be incurred or imposed for injury, death, or	67899
loss to person or property as a result of the provision of that	67900
information.	67901

Sec. 3328.191. The board of trustees of each	67902
college-preparatory boarding school established under this chapter	67903
shall require that the reports of any investigation by the board	67904
or by the school's operator of an employee who works in the	67905
school, regarding whether the employee has committed an act or	67906
offense for which the chief administrator of the school or the	67907
president or chairperson of the board is required to make a report	67908
to the superintendent of public instruction under section 3328.19	67909
of the Revised Code, be kept in the employee's personnel file. If,	67910
after an investigation under division (A) of section 3319.311 of	67911
the Revised Code, the superintendent of public instruction	67912
determines that the results of that investigation do not warrant	67913
initiating action under section 3319.31 of the Revised Code, the	67914
board shall require the reports of the investigation to be moved	67915
from the employee's personnel file to a separate public file.	67916

Sec. 3328.192. Notwithstanding any provision to the contrary	67917
in Chapter 4117. of the Revised Code, the provisions of sections	67918
3328.19 and 3328.191 of the Revised Code prevail over any	67919
conflicting provisions of a collective bargaining agreement or	67920
contract for employment entered into on or after the effective	67921
date of this section.	67922

Sec. 3328.193. (A) As used in this section, "license" has	67923
the same meaning as in section 3319.31 of the Revised Code.	67924

(B) No employee of a college-preparatory boarding school	67925
established under this chapter or its operator shall do either of	67926
the following:	67927

(1) Knowingly make a false report to the chief administrator	67928
of the school, or the chief administrator's designee, alleging	67929
misconduct by another employee of the school or its operator;	67930

(2) Knowingly cause the chief administrator, or the chief	67931
administrator's designee, to make a false report of the alleged	67932
misconduct to the superintendent of public instruction or the	67933
state board of education.	67934

(C) Any employee of a college-preparatory boarding school	67935
established under this chapter or its operator who in good faith	67936
reports to the chief administrator of the school, or the chief	67937
administrator's designee, information about alleged misconduct	67938
committed by another employee of the school or operator shall be	67939
immune from any civil liability that otherwise might be incurred	67940
or imposed for injury, death, or loss to person or property as a	67941
result of the reporting of that information.	67942

If the alleged misconduct involves a person who holds a	67943
license but the chief administrator is not required to submit a	67944
report to the superintendent of public instruction under section	67945
3328.19 of the Revised Code and the chief administrator, or the	67946
chief administrator's designee, in good faith reports the alleged	67947
misconduct to the superintendent of public instruction or the	67948
state board, the chief administrator, or the chief administrator's	67949
designee, shall be immune from any civil liability that otherwise	67950
might be incurred or imposed for injury, death, or loss to person	67951
or property as a result of the reporting of that information.	67952

(D)(1) In any civil action brought against a person in which	67953
it is alleged and proved that the person violated division (B) of	67954
this section, the court shall award the prevailing party	67955
reasonable attorney's fees and costs that the prevailing party	67956
incurred in the civil action or as a result of the false report	67957
that was the basis of the violation.	67958

(2) If a person is convicted of or pleads guilty to a	67959
violation of division (B) of this section, if the subject of the	67960
false report that was the basis of the violation was charged with	67961
any violation of a law or ordinance as a result of the false	67962
report, and if the subject of the false report is found not to be	67963
guilty of the charges brought against the subject as a result of	67964
the false report or those charges are dismissed, the court that	67965
sentences the person for the violation of division (B) of this	67966
section, as part of the sentence, shall order the person to pay	67967
restitution to the subject of the false report, in an amount equal	67968
to reasonable attorney's fees and costs that the subject of the	67969
false report incurred as a result of or in relation to the	67970
charges.	67971

Sec. 3328.20. (A) As used in this section:

67972

(1) "Designated official" means the chief administrator of a	67973
college-preparatory boarding school established under this	67974
chapter, or the chief administrator's designee.	67975

(2) "Essential school services" means services provided by a	67976
private company under contract with a college-preparatory boarding	67977
school established under this chapter that the chief administrator	67978
of the school has determined are necessary for the operation of	67979
the school and that would need to be provided by persons employed	67980
by the school or its operator if the services were not provided by	67981
the private company.	67982

(3) "License" has the same meaning as in section 3319.31 of	67983
the Revised Code.	67984

(B) This section applies to any person who is an employee of	67985
a private company under contract with a college-preparatory	67986
boarding school established under this chapter to provide	67987
essential school services and who will work in the school in a	67988
position that does not require a license issued by the state board	67989
of education, is not for the operation of a vehicle for pupil	67990
transportation, and that involves routine interaction with a child	67991
or regular responsibility for the care, custody, or control of a	67992
child.	67993

(C) No college-preparatory boarding school established under	67994
this chapter shall permit a person to whom this section applies to	67995
work in the school, unless one of the following applies to the	67996
person:	67997

(1) The person's employer presents proof of both of the	67998
following to the designated official:	67999

(a) That the person has been the subject of a criminal	68000
records check conducted in accordance with division (D) of this	68001
section within the five-year period immediately prior to the date	68002
on which the person will begin working in the school;	68003

(b) That the criminal records check indicates that the person	68004
has not been convicted of or pleaded guilty to any offense	68005
described in division (B)(1) of section 3319.39 of the Revised	68006
Code.	68007

(2) During any period of time in which the person will have	68008
routine interaction with a child or regular responsibility for the	68009
care, custody, or control of a child, the designated official has	68010
arranged for an employee of the school to be present in the same	68011
room with the child or, if outdoors, to be within a thirty-yard	68012
radius of the child or to have visual contact with the child.	68013

(D) Any private company that has been hired or seeks to be	68014
hired by a college-preparatory boarding school established under	68015
this chapter to provide essential school services may request the	68016
bureau of criminal identification and investigation to conduct a	68017
criminal records check of any of its employees for the purpose of	68018
complying with division (C)(1) of this section. Each request for a	68019
criminal records check under this division shall be made to the	68020
superintendent of the bureau in the manner prescribed in section	68021
3319.39 of the Revised Code. Upon receipt of a request, the bureau	68022
shall conduct the criminal records check in accordance with	68023
section 109.572 of the Revised Code as if the request had been	68024
made under section 3319.39 of the Revised Code.	68025

Notwithstanding division (H) of section 109.57 of the Revised	68026
Code, the private company may share the results of any criminal	68027
records check conducted under this division with the designated	68028
official for the purpose of complying with division (C)(1) of this	68029
section, but in no case shall the designated official release that	68030
information to any other person.	68031

Sec. 3328.21. (A) Any eligible student may apply for	68032
admission to a college-preparatory boarding school established	68033
under this chapter in a grade level offered by the school that is	68034
appropriate for the student and shall be admitted to the school in	68035
that grade level to the extent the student's admission is within	68036
the capacity of the school as established by the school's board of	68037
trustees, subject to division (B) of this section. If more	68038
eligible students apply for admission than the number of students	68039
permitted by the capacity established by the board of trustees,	68040
admission shall be by lot.	68041

(B) In the first year of operation, each school established	68042
under this chapter shall offer only grade six and shall not admit	68043
more than eighty students to the school. In each subsequent year	68044
of operation, the school may add additional grade levels as	68045
specified in the contract under section 3328.12 of the Revised	68046
Code, but at no time shall the school's total student population	68047
exceed four hundred students.	68048

Sec. 3328.22. The educational program of a	68049
college-preparatory boarding school established under this chapter	68050
shall include at least all of the following:	68051

(A) A remedial curriculum for students in grades lower than	68052
grade nine;	68053

(B) A college-preparatory curriculum for high school students	68054
that, at a minimum, shall comply with section 3313.603 of the	68055
Revised Code as that section applies to school districts;	68056

(C) Extracurricular activities, including athletic and	68057
cultural activities;	68058

(D) College admission counseling;

68059

(E) Health and mental health services;

68060

(F) Tutoring services;

68061

(G) Community services opportunities;

68062

(H) A residential student life program.

68063

Sec. 3328.23. (A) A college-preparatory boarding school	68064
established under this chapter and the school's operator shall	68065
comply with Chapter 3323. of the Revised Code as if the school	68066
were a school district. For each child with a disability enrolled	68067
in the school for whom an IEP has been developed, the school and	68068
its operator shall verify in the manner prescribed by the	68069
department of education that the school is providing the services	68070
required under the child's IEP.	68071

(B) The school district in which a child with a disability	68072
enrolled in the college-preparatory boarding school is entitled to	68073
attend school and the child's school district of residence, if	68074
different, are not obligated to provide the student with a free	68075
appropriate public education under Chapter 3323. of the Revised	68076
Code for as long as the child is enrolled in the	68077
college-preparatory boarding school.	68078

Sec. 3328.24. A college-preparatory boarding school	68079
established under this chapter, its operator, and its board of	68080
trustees shall comply with sections 3301.0710, 3301.0711,	68081
3301.0712, 3301.0714, 3319.39, and 3319.391 of the Revised Code as	68082
if the school and the operator were a school district and the	68083
school's board of trustees were a district board of education.	68084

Sec. 3328.25. (A) The board of trustees of a	68085
college-preparatory boarding school established under this chapter	68086
shall grant a diploma to any student enrolled in the school to	68087
whom all of the following apply:	68088

(1) The student has successfully completed the school's high	68089
school curriculum or the IEP developed for the student by the	68090
school pursuant to section 3323.08 of the Revised Code or has	68091
qualified under division (D) or (F) of section 3313.603 of the	68092
Revised Code, provided that the school shall not require a student	68093
to remain in school for any specific number of semesters or other	68094
terms if the student completes the required curriculum early.	68095

(2) Subject to section 3313.614 of the Revised Code, the	68096
student has met the assessment requirements of division (A)(2)(a)	68097
or (b) of this section, as applicable.	68098

(a) If the student entered ninth grade prior to the date	68099
prescribed by rule of the state board of education under division	68100
(D)(2) of section 3301.0712 of the Revised Code, the student	68101
either:	68102

(i) Has attained at least the applicable scores designated	68103
under division (B)(1) of section 3301.0710 of the Revised Code on	68104
all the assessments prescribed by that division unless division	68105
(L) of section 3313.61 of the Revised Code applies to the student;	68106

(ii) Has satisfied the alternative conditions prescribed in	68107
section 3313.615 of the Revised Code.	68108

(b) If the person entered ninth grade on or after the date	68109
prescribed by rule of the state board under division (D)(2) of	68110
section 3301.0712 of the Revised Code, the student has met the	68111
requirements of the entire assessment system prescribed under	68112
division (B)(2) of section 3301.0710 of the Revised Code, except	68113
to the extent that the student is excused from some portion of	68114
that assessment system pursuant to division (L) of section 3313.61	68115
of the Revised Code.	68116

(3) The student is not eligible to receive an honors diploma	68117
granted under division (B) of this section.	68118

No diploma shall be granted under this division to anyone	68119
except as provided in this division.	68120

(B) In lieu of a diploma granted under division (A) of this	68121
section, the board of trustees shall grant an honors diploma, in	68122
the same manner that boards of education of school districts grant	68123
honors diplomas under division (B) of section 3313.61 of the	68124
Revised Code, to any student enrolled in the school who	68125
accomplishes all of the following:	68126

(1) Successfully completes the school's high school	68127
curriculum or the IEP developed for the student by the school	68128
pursuant to section 3323.08 of the Revised Code;	68129

(2) Subject to section 3313.614 of the Revised Code, has met	68130
the assessment requirements of division (B)(2)(a) or (b) of this	68131
section, as applicable.	68132

(a) If the student entered ninth grade prior to the date	68133
prescribed by rule of the state board under division (D)(2) of	68134
section 3301.0712 of the Revised Code, the student either:	68135

(i) Has attained at least the applicable scores designated	68136
under division (B)(1) of section 3301.0710 of the Revised Code on	68137
all the assessments prescribed under that division;	68138

(ii) Has satisfied the alternative conditions prescribed in	68139
section 3313.615 of the Revised Code.	68140

(b) If the person entered ninth grade on or after the date	68141
prescribed by rule of the state board under division (D)(2) of	68142
section 3301.0712 of the Revised Code, the student has met the	68143
requirements of the entire assessment system prescribed under	68144
division (B)(2) of section 3301.0710 of the Revised Code.	68145

(3) Has met the additional criteria for granting an honors	68146
diploma prescribed by the state board under division (B) of	68147
section 3313.61 of the Revised Code for the granting of honors	68148
diplomas by school districts.	68149

An honors diploma shall not be granted to a student who is	68150
subject to the Ohio core curriculum prescribed in division (C) of	68151
section 3313.603 of the Revised Code but elects the option of	68152
division (D) or (F) of that section. No honors diploma shall be	68153
granted to anyone failing to comply with this division, and not	68154
more than one honors diploma shall be granted to any student under	68155
this division.	68156

(C) A diploma or honors diploma awarded under this section	68157
shall be signed by the presiding officer of the board of trustees.	68158
Each diploma shall bear the date of its issue and be in such form	68159
as the board of trustees prescribes.	68160

(D) Upon granting a diploma to a student under this section,	68161
the presiding officer of the board of trustees shall provide	68162
notice of receipt of the diploma to the board of education of the	68163
city, exempted village, or local school district where the student	68164
is entitled to attend school when not residing at the	68165
college-preparatory boarding school. The notice shall indicate the	68166
type of diploma granted.	68167

Sec. 3328.26. (A) The department of education shall issue an	68168
annual report card for each college-preparatory boarding school	68169
established under this chapter that includes all information	68170
applicable to school buildings under section 3302.03 of the	68171
Revised Code.	68172

(B) For each student enrolled in the school, the department	68173
shall combine data regarding the academic performance of that	68174
student with comparable data from the school district in which the	68175
student is entitled to attend school for the purpose of	68176
calculating the performance of the district as a whole on the	68177
report card issued for the district under section 3302.03 of the	68178
Revised Code.	68179

(C) Each college-preparatory boarding school and its operator	68180
shall comply with sections 3302.04 and 3302.041 of the Revised	68181
Code, except that any action required to be taken by a school	68182
district pursuant to those sections shall be taken by the school.	68183

Sec. 3328.31. Each college-preparatory boarding school	68184
established under this chapter shall report to the department of	68185
education, in the form and manner prescribed by the department,	68186
the following information:	68187

(A) The total number of students enrolled in the school;

68188

(B) The number of students enrolled in the school who are	68189
receiving special education and related services pursuant to an	68190
IEP;	68191

(C) The city, exempted village, or local school district in	68192
which each student reported under division (A) of this section is	68193
entitled to attend school;	68194

(D) Any additional information the department determines	68195
necessary to make payments to the school under this chapter.	68196

Sec. 3328.32. The city, exempted village, or local school	68197
district in which each child enrolled in a college-preparatory	68198
boarding school established under this chapter is entitled to	68199
attend school shall count that child in the district's average	68200
daily membership and in the district's category one through six	68201
special education ADM, as appropriate, as reported under divisions	68202
(A) and (B)(5) to (10) of section 3317.03 of the Revised Code.	68203

The department of education shall count that child in the	68204
district's formula ADM.	68205

Sec. 3328.33. For each child enrolled in a	68206
college-preparatory boarding school, as reported under section	68207
3328.31 of the Revised Code, the department of education shall	68208
deduct from the state education aid and, if necessary, from the	68209
payment under sections 321.24 and 323.156 of the Revised Code, for	68210
the city, exempted village, or local school district in which the	68211
child is entitled to attend school an amount equal to eighty-five	68212
per cent of the operating expenditure per pupil of that district.	68213

As used in this section, a district's "operating expenditure	68214
per pupil" is the total amount of state payments and other	68215
nonfederal revenue spent by the district for operating expenses	68216
during the previous fiscal year, divided by the district's formula	68217
ADM for the previous fiscal year.	68218

Sec. 3328.34. (A) For each child enrolled in a	68219
college-preparatory boarding school, as reported under section	68220
3328.31 of the Revised Code, the department of education shall pay	68221
to the school the sum of the amount deducted from a participating	68222
school district's account for that child under section 3328.33 of	68223
the Revised Code plus the per-pupil boarding amount specified in	68224
division (B) of this section.	68225

(B) For the first fiscal year in which a college-preparatory	68226
boarding school may be established under this chapter, the	68227
"per-pupil boarding amount" is twenty-five thousand dollars. For	68228
each fiscal year thereafter, that amount shall be adjusted by the	68229
rate of inflation, as measured by the consumer price index (all	68230
urban consumers, all items) prepared by the bureau of labor	68231
statistics of the United States department of labor, for the	68232
previous twelve-month period.	68233

(C) The state board of education may accept funds from	68234
federal and state noneducation support services programs for the	68235
purpose of funding the per pupil boarding amount prescribed in	68236
division (B) of this section. Notwithstanding any other provision	68237
of the Revised Code, the state board shall coordinate and	68238
streamline any noneducation program requirements in order to	68239
eliminate redundant or conflicting requirements, licensing	68240
provisions, and oversight by government programs or agencies. The	68241
applicable regulatory entities shall, to the maximum extent	68242
possible, use independent reports and financial audits provided by	68243
the operator and coordinated by the department of education to	68244
eliminate or reduce contract and administrative reviews.	68245
Regulatory entities other than the state board may suggest	68246
reasonable additional items to be included in such independent	68247
reports and financial audits to meet any requirements of federal	68248
law. Reporting paperwork prepared for the state board shall be	68249
shared with and accepted by other state and local entities to the	68250
maximum extent feasible.	68251

(D)(1) Notwithstanding division (A) of this section, if, in	68252
any fiscal year, the operator of a college-preparatory boarding	68253
school receives federal funds for the purpose of supporting the	68254
school's operations, the amount of those federal funds shall be	68255
deducted from the total per-pupil boarding amount for all enrolled	68256
students paid by the department to the school for that fiscal	68257
year, unless the operator and the department determine otherwise	68258
in a written agreement. Any portion of the total per-pupil	68259
boarding amount for all enrolled students remaining after the	68260
deduction of the federal funds shall be paid by the department to	68261
the school from state funds appropriated to the department.	68262

(2) Notwithstanding division (A) of this section, if, in any	68263
fiscal year, the department receives federal funds for the purpose	68264
of supporting the operations of a college-preparatory boarding	68265
school, the department shall use those federal funds first to pay	68266
the school the total per-pupil boarding amount for all enrolled	68267
students for that fiscal year. Any portion of the total per-pupil	68268
boarding amount for all enrolled students remaining after the use	68269
of the federal funds shall be paid by the department to the school	68270
from state funds appropriated to the department.	68271

(3) If any federal funds are used for the purpose prescribed	68272
in division (D)(1) or (2) of this section, the department shall	68273
comply with all requirements upon which the acceptance of the	68274
federal funds is conditioned, including any requirements set forth	68275
in the funding application submitted by the operator or the	68276
department and, to the extent sufficient funds are appropriated by	68277
the general assembly, any requirements regarding maintenance of	68278
effort in expenditures.	68279

Sec. 3328.35. To the extent permitted by federal law, the	68280
department of education shall include college-preparatory boarding	68281
schools established under this chapter in its annual allocation of	68282
federal moneys under Title I of the "Elementary and Secondary	68283
Education Act of 1965," 20 U.S.C. 6301, et seq. The department may	68284
apply for any other federal moneys that may be used to support the	68285
operations of college-preparatory boarding schools established	68286
under this chapter.	68287

Sec. 3328.36. A college-preparatory boarding school	68288
established under this chapter shall be considered a school	68289
district and its board of trustees, on behalf of the school's	68290
operator, shall be considered a board of education for the purpose	68291
of applying to any state or federal agency for grants that a	68292
school district or public school may receive under federal or	68293
state law or any appropriations act of the general assembly. The	68294
college-preparatory boarding school and its operator may apply to	68295
any private entity to receive and accept funds.	68296

Sec. 3328.41. Each participating school district shall be	68297
responsible for providing transportation on a weekly basis for	68298
each student enrolled in a college-preparatory boarding school	68299
established under this chapter who is entitled to attend school in	68300
the district to and from that college-preparatory boarding school.	68301

Sec. 3328.45. (A) If the state board of education determines	68302
that a college-preparatory boarding school established under this	68303
chapter is not in compliance with any provision of this chapter or	68304
the terms of the contract entered into under section 3328.12 of	68305
the Revised Code, or that the school has failed to meet the	68306
academic goals or performance standards specified in that	68307
contract, the state board may initiate the termination procedures	68308
specified in the contract. No termination shall take effect prior	68309
to the end of a school year. Upon the effective date of a	68310
termination, the school shall close.	68311

(B) If a college-preparatory boarding school is required to	68312
close under division (A) of this section or closes for any other	68313
reason, the school's board of trustees shall execute the closing	68314
as provided in the contract under section 3328.12 of the Revised	68315
Code.	68316

Sec. 3328.50. The state board of education shall adopt rules	68317
in accordance with Chapter 119. of the Revised Code prescribing	68318
procedures necessary for the implementation of this chapter.	68319

Sec. 3328.99. (A) Whoever violates division (F) of section	68320
3328.19 of the Revised Code shall be punished as follows:	68321

(1) Except as otherwise provided in division (A)(2) of this	68322
section, the person is guilty of a misdemeanor of the fourth	68323
degree.	68324

(2) The person is guilty of a misdemeanor of the first degree	68325
if both of the following conditions apply:	68326

(a) The employee who is the subject of the report that the	68327
person fails to submit was required to be reported for the	68328
commission or alleged commission of an act or offense involving	68329
the infliction on a child of any physical or mental wound, injury,	68330
disability, or condition of a nature that constitutes abuse or	68331
neglect of the child.	68332

(b) During the period between the violation of division (F)	68333
of section 3328.19 of the Revised Code and the conviction of or	68334
plea of guilty by the person for that violation, the employee who	68335
is the subject of the report that the person fails to submit	68336
inflicts on any child attending a school district, educational	68337
service center, public or nonpublic school, or county board of	68338
developmental disabilities where the employee works any physical	68339
or mental wound, injury, disability, or condition of a nature that	68340
constitutes abuse or neglect of the child.	68341

(B) Whoever violates division (B) of section 3328.193 of the	68342
Revised Code is guilty of a misdemeanor of the first degree.	68343

Sec. 3329.08. At any regular meeting, the board of education	68344
of each local ~~school district, from lists adopted by the~~	68345
~~educational service center governing board, and the board of~~	68346
~~education of each~~, city, and exempted village school district	68347
shall determine by a majority vote of all members elected or	68348
appointed under division (B) or (F) of section 3311.71 of the	68349
Revised Code which of such textbooks or electronic textbooks so	68350
filed shall be used in the schools under its control.	68351

Sec. 3331.01. (A) As used in this chapter:

68352

(1) "Superintendent" or "superintendent of schools" of a	68353
school district means the person employed as the superintendent or	68354
that person's designee. ~~In the case of a local school district,~~	68355
~~such designee may be the superintendent of the educational service~~	68356
~~center to which the school district belongs.~~	68357

(2) "Chief administrative officer" means the chief	68358
administrative officer of a nonpublic or community school or that	68359
person's designee.	68360

(B)(1) Except as provided in division (B)(2) of this section,	68361
an age and schooling certificate may be issued only by the	68362
superintendent of the city, local, joint vocational, or exempted	68363
village school district in which the child in whose name such	68364
certificate is issued resides or by the chief administrative	68365
officer of the nonpublic or community school the child attends,	68366
and only upon satisfactory proof that the child to whom the	68367
certificate is issued is at least fourteen years of age.	68368

(2) A child who resides in this state shall apply for an age	68369
and schooling certificate to the superintendent of the school	68370
district in which the child resides, or to the chief	68371
administrative officer of the school that the child attends.	68372
Residents of other states who work in Ohio shall apply to the	68373
superintendent of the school district in which the place of	68374
employment is located, as a condition of employment or service.	68375

(C) Any such age and schooling certificate may be issued only	68376
upon satisfactory proof that the employment contemplated by the	68377
child is not prohibited by any law regulating the employment of	68378
such children. Section 4113.08 of the Revised Code does not apply	68379
to such employer in respect to such child while engaged in an	68380
employment legal for a child of the age stated therein.	68381

(D) Age and schooling certificate forms shall be approved by	68382
the state board of education, including forms submitted	68383
electronically. Forms shall not display the social security number	68384
of the child. Except as otherwise provided in this section, every	68385
application for an age and schooling certificate must be signed in	68386
the presence of the officer issuing it by the child in whose name	68387
it is issued.	68388

(E) A child shall furnish the superintendent or chief	68389
administrative officer all information required by this chapter in	68390
support of the issuance of a certificate.	68391

(F) On and after September 1, 2002, each superintendent and	68392
chief administrative officer who issues an age and schooling	68393
certificate shall file electronically the certificate with the	68394
director of commerce in accordance with rules adopted by the	68395
director of administrative services pursuant to section 1306.21 of	68396
the Revised Code. On and after September 1, 2002, only	68397
electronically filed certificates are valid to satisfy the	68398
requirements of Chapter 4109. of the Revised Code.	68399

Sec. 3333.03. (A) The governor, with the advice and consent	68400
of the senate, shall appoint the chancellor of the Ohio board of	68401
regents. ~~The governor may remove the chancellor in accordance with~~	68402
~~section 3.04 of the Revised Code, except that the removal shall~~	68403
~~not require the advice and consent of the senate.~~ The chancellor	68404
shall serve at the pleasure of the governor, and the governor	68405
shall prescribe the chancellor's duties in addition to the	68406
chancellor's duties prescribed by law. ~~In no case shall the~~	68407
~~chancellor assume any duties prescribed by the governor or law~~	68408
~~until the senate has consented to the chancellor's appointment.~~	68409
The governor shall fix the compensation for the chancellor. The	68410
chancellor shall be a member of the governor's cabinet.	68411

(B) ~~The term of office of the chancellor shall be five years.~~	68412
~~Any person appointed chancellor to fill a vacancy occurring prior~~	68413
~~to the expiration of the term for which the predecessor was~~	68414
~~appointed shall hold office for the remainder of that term. Any~~	68415
~~vacancy in the office shall be filled within sixty days after the~~	68416
~~vacancy occurs. Each chancellor shall continue in office~~	68417
~~subsequent to the expiration date of the term for which the~~	68418
~~chancellor was appointed until a successor takes office, or until~~	68419
~~a period of sixty days has elapsed, whichever occurs first. The~~	68420
~~chancellor may be reappointed.~~The term of the chancellor in	68421
office on the effective date of this amendment shall coincide with	68422
the term of that chancellor's appointing governor. Subsequent	68423
appointments to the office of chancellor shall be made pursuant to	68424
division (A) of this section.	68425

(C) The chancellor is responsible for appointing and fixing	68426
the compensation of all professional, administrative, and clerical	68427
employees and staff members necessary to assist in the performance	68428
of the chancellor's duties. All employees and staff shall serve at	68429
the chancellor's pleasure.	68430

(D) The chancellor shall be a person qualified by training	68431
and experience to understand the problems and needs of the state	68432
in the field of higher education and to devise programs, plans,	68433
and methods of solving the problems and meeting the needs.	68434

(E) Neither the chancellor nor any staff member or employee	68435
of the chancellor shall be a trustee, officer, or employee of any	68436
public or private college or university while serving as	68437
chancellor, staff member, or employee.	68438

Sec. 3333.043. (A) As used in this section:

68439

(1) "Institution of higher education" means the state	68440
universities listed in section 3345.011 of the Revised Code,	68441
municipal educational institutions established under Chapter 3349.	68442
of the Revised Code, community colleges established under Chapter	68443
3354. of the Revised Code, university branches established under	68444
Chapter 3355. of the Revised Code, technical colleges established	68445
under Chapter 3357. of the Revised Code, state community colleges	68446
established under Chapter 3358. of the Revised Code, any	68447
institution of higher education with a certificate of registration	68448
from the state board of career colleges and schools, and any	68449
institution for which the chancellor of the Ohio board of regents	68450
receives a notice pursuant to division (C) of this section.	68451

(2) "Community service" has the same meaning as in section	68452
3313.605 of the Revised Code.	68453

(B)(1) The board of trustees or other governing entity of	68454
each institution of higher education shall encourage and promote	68455
participation of students in community service through a program	68456
appropriate to the mission, student population, and environment of	68457
each institution. The program may include, but not be limited to,	68458
providing information about community service opportunities during	68459
student orientation or in student publications; providing awards	68460
for exemplary community service; encouraging faculty members to	68461
incorporate community service into students' academic experiences	68462
wherever appropriate to the curriculum; encouraging recognized	68463
student organizations to undertake community service projects as	68464
part of their purposes; and establishing advisory committees of	68465
students, faculty members, and community and business leaders to	68466
develop cooperative programs that benefit the community and	68467
enhance student experience. The program shall be flexible in	68468
design so as to permit participation by the greatest possible	68469
number of students, including part-time students and students for	68470
whom participation may be difficult due to financial, academic,	68471
personal, or other considerations. The program shall emphasize	68472
community service opportunities that can most effectively use the	68473
skills of students, such as tutoring or literacy programs. The	68474
programs shall encourage students to perform services that will	68475
not supplant the hiring of, result in the displacement of, or	68476
impair any existing employment contracts of any particular	68477
employee of any private or governmental entity for which services	68478
are performed.	68479

(2) The chancellor of the Ohio board of regents shall	68480
encourage all institutions of higher education in the development	68481
of community service programs. With the assistance of the Ohio	68482
~~community~~commission on service ~~council~~and volunteerism created	68483
in section 121.40 of the Revised Code, the chancellor shall make	68484
available information about higher education community service	68485
programs to institutions of higher education and to statewide	68486
organizations involved with or promoting volunteerism, including	68487
information about model community service programs, teacher	68488
training courses, and community service curricula and teaching	68489
materials for possible use by institutions of higher education in	68490
their programs. The chancellor shall encourage institutions of	68491
higher education to jointly coordinate higher education community	68492
service programs through consortia of institutions or other	68493
appropriate means of coordination.	68494

(C) The board of trustees of any nonprofit institution with a	68495
certificate of authorization issued pursuant to Chapter 1713. of	68496
the Revised Code or the governing authority of a private	68497
institution exempt from regulation under Chapter 3332. of the	68498
Revised Code as prescribed in section 3333.046 of the Revised Code	68499
may notify the chancellor that it is making itself subject to	68500
divisions (A) and (B) of this section. Upon receipt of such a	68501
notice, these divisions shall apply to that institution.	68502

Sec. 3333.0411. Not later than December 31, 2012, and	68503
annually thereafter, the chancellor of the Ohio board of regents	68504
shall report aggregate academic growth data for students assigned	68505
to graduates of teacher preparation programs approved under	68506
section 3333.048 of the Revised Code who teach English language	68507
arts or mathematics in any of grades four to eight in a public	68508
school in Ohio. For this purpose, the chancellor shall use the	68509
value-added progress dimension prescribed by section 3302.021 of	68510
the Revised Code. The chancellor shall aggregate the data by	68511
graduating class for each approved teacher preparation program,	68512
except that if a particular class has ten or fewer graduates to	68513
which this section applies, the chancellor shall report the data	68514
for a group of classes over a three-year period. In no case shall	68515
the report identify any individual graduate. The department of	68516
education shall share any data necessary for the report with the	68517
chancellor.	68518

Sec. 3333.31. (A) For state subsidy and tuition surcharge	68519
purposes, status as a resident of Ohio shall be defined by the	68520
chancellor of the Ohio board of regents by rule promulgated	68521
pursuant to Chapter 119. of the Revised Code. No adjudication as	68522
to the status of any person under such rule, however, shall be	68523
required to be made pursuant to Chapter 119. of the Revised Code.	68524
The term "resident" for these purposes shall not be equated with	68525
the definition of that term as it is employed elsewhere under the	68526
laws of this state and other states, and shall not carry with it	68527
any of the legal connotations appurtenant thereto. Rather, except	68528
as provided in ~~division~~divisions (B) and (D) of this section, for	68529
such purposes, the rule promulgated under this section shall have	68530
the objective of excluding from treatment as residents those who	68531
are present in the state primarily for the purpose of attending a	68532
state-supported or state-assisted institution of higher education,	68533
and may prescribe presumptive rules, rebuttable or conclusive, as	68534
to such purpose based upon the source or sources of support of the	68535
student, residence prior to first enrollment, evidence of	68536
intention to remain in the state after completion of studies, or	68537
such other factors as the chancellor deems relevant.	68538

(B) The rules of the chancellor for determining student	68539
residency shall grant residency status to a veteran and to the	68540
veteran's spouse and any dependent of the veteran, if both of the	68541
following conditions are met:	68542

(1) The veteran either:

68543

(a) Served one or more years on active military duty and was	68544
honorably discharged or received a medical discharge that was	68545
related to the military service;	68546

(b) Was killed while serving on active military duty or has	68547
been declared to be missing in action or a prisoner of war.	68548

(2) If the veteran seeks residency status for tuition	68549
surcharge purposes, the veteran has established domicile in this	68550
state as of the first day of a term of enrollment in an	68551
institution of higher education. If the spouse or a dependent of	68552
the veteran seeks residency status for tuition surcharge purposes,	68553
the veteran and the spouse or dependent seeking residency status	68554
have established domicile in this state as of the first day of a	68555
term of enrollment in an institution of higher education, except	68556
that if the veteran was killed while serving on active military	68557
duty or has been declared to be missing in action or a prisoner of	68558
war, only the spouse or dependent seeking residency status shall	68559
be required to have established domicile in accordance with this	68560
division.	68561

(C) The rules of the chancellor for determining student	68562
residency shall not deny residency status to a student who is	68563
either a dependent child of a parent, or the spouse of a person	68564
who, as of the first day of a term of enrollment in an institution	68565
of higher education, has accepted full-time employment and	68566
established domicile in this state for reasons other than gaining	68567
the benefit of favorable tuition rates.	68568

Documentation of full-time employment and domicile shall	68569
include both of the following documents:	68570

(1) A sworn statement from the employer or the employer's	68571
representative on the letterhead of the employer or the employer's	68572
representative certifying that the parent or spouse of the student	68573
is employed full-time in Ohio;	68574

(2) A copy of the lease under which the parent or spouse is	68575
the lessee and occupant of rented residential property in the	68576
state, a copy of the closing statement on residential real	68577
property of which the parent or spouse is the owner and occupant	68578
in this state or, if the parent or spouse is not the lessee or	68579
owner of the residence in which the parent or spouse has	68580
established domicile, a letter from the owner of the residence	68581
certifying that the parent or spouse resides at that residence.	68582

Residency officers may also evaluate, in accordance with the	68583
chancellor's rule, requests for immediate residency status from	68584
dependent students whose parents are not living and whose domicile	68585
follows that of a legal guardian who has accepted full-time	68586
employment and established domicile in the state for reasons other	68587
than gaining the benefit of favorable tuition rates.	68588

(D)(1) The rules of the chancellor for determining student	68589
residency shall grant residency status to a person who, while a	68590
resident of this state for state subsidy and tuition surcharge	68591
purposes, graduated from a high school in this state, if the	68592
person enrolls in an institution of higher education and	68593
establishes domicile in this state within ten years after	68594
graduating from high school, regardless of the student's residence	68595
prior to that enrollment.	68596

(2) The rules of the chancellor for determining student	68597
residency shall not grant residency status to an alien if the	68598
alien is not also an immigrant or a nonimmigrant.	68599

(E) As used in this section:

68600

(1) "Dependent," "domicile," "institution of higher	68601
education," and "residency officer" have the meanings ascribed in	68602
the chancellor's rules adopted under this section.	68603

(2) "Alien" means a person who is not a United States citizen	68604
or a United States national.	68605

(3) "Immigrant" means an alien who has been granted the right	68606
by the United States bureau of citizenship and immigration	68607
services to reside permanently in the United States and to work	68608
without restrictions in the United States.	68609

(4) "Nonimmigrant" means an alien who has been granted the	68610
right by the United States bureau of citizenship and immigration	68611
services to reside temporarily in the United States.	68612

Sec. 3333.38. (A) As used in this section:

68613

(1) "Institution of higher education" includes all of the	68614
following:	68615

(a) A state institution of higher education, as defined in	68616
section 3345.011 of the Revised Code;	68617

(b) A nonprofit institution issued a certificate of	68618
authorization under Chapter 1713. of the Revised Code;	68619

(c) A private institution exempt from regulation under	68620
Chapter 3332. of the Revised Code, as prescribed in section	68621
3333.046 of the Revised Code;	68622

(d) An institution of higher education with a certificate of	68623
registration from the state board of career colleges and schools	68624
under Chapter 3332. of the Revised Code.	68625

(2) "Student financial assistance supported by state funds"	68626
includes assistance granted under sections 3315.33, 3333.12,	68627
3333.122, 3333.21, 3333.26, 3333.28, 3333.372, 3333.391, 3333.93,	68628
5910.03, 5910.032, and 5919.34 of the Revised Code, financed by an	68629
award under the choose Ohio first scholarship program established	68630
under section 3333.61 of the Revised Code, or financed by an award	68631
under the Ohio co-op/internship program established under section	68632
3333.72 of the Revised Code, and any other post-secondary student	68633
financial assistance supported by state funds.	68634

(B) An individual who is convicted of, pleads guilty to, or	68635
is adjudicated a delinquent child for one of the following	68636
violations shall be ineligible to receive any student financial	68637
assistance supported by state funds at an institution of higher	68638
education for two calendar years from the time the individual	68639
applies for assistance of that nature:	68640

(1) A violation of section 2917.02 or 2917.03 of the Revised	68641
Code;	68642

(2) A violation of section 2917.04 of the Revised Code that	68643
is a misdemeanor of the fourth degree;	68644

(3) A violation of section 2917.13 of the Revised Code that	68645
is a misdemeanor of the fourth or first degree and occurs within	68646
the proximate area where four or more others are acting in a	68647
course of conduct in violation of section 2917.11 of the Revised	68648
Code.	68649

(C) If an individual is convicted of, pleads guilty to, or is	68650
adjudicated a delinquent child for committing a violation of	68651
section 2917.02 or 2917.03 of the Revised Code, and if the	68652
individual is enrolled in a state-supported institution of higher	68653
education, the institution in which the individual is enrolled	68654
shall immediately dismiss the individual. No state-supported	68655
institution of higher education shall admit an individual of that	68656
nature for one academic year after the individual applies for	68657
admission to a state-supported institution of higher education.	68658
This division does not limit or affect the ability of a	68659
state-supported institution of higher education to suspend or	68660
otherwise discipline its students.	68661

Sec. 3333.43. This section does not apply to any	68662
baccalaureate degree program that is a cooperative education	68663
program, as defined in section 3333.71 of the Revised Code.	68664

(A) The chancellor of the Ohio board of regents shall require	68665
all state institutions of higher education that offer	68666
baccalaureate degrees, as a condition of reauthorization for	68667
certification of each baccalaureate program offered by the	68668
institution, to submit a statement describing how each major for	68669
which the school offers a baccalaureate degree may be completed	68670
within three academic years. The chronology of the statement shall	68671
begin with the fall semester of a student's first year of the	68672
baccalaureate program.	68673

(B) The statement required under this section may include,	68674
but not be limited to, any of the following methods to contribute	68675
to earning a baccalaureate degree in three years:	68676

(1) Advanced placement credit;

68677

(2) International baccalaureate program credit;

68678

(3) A waiver of degree and credit-hour requirements by	68679
completion of courses that are widely available at community	68680
colleges in the state or through online programs offered by state	68681
institutions of higher education or private nonprofit institutions	68682
of higher education holding certificates of authorization under	68683
Chapter 1713. of the Revised Code, and through courses taken by	68684
the student through the post-secondary enrollment options program	68685
under Chapter 3365. of the Revised Code;	68686

(4) Completion of coursework during summer sessions;

68687

(5) A waiver of foreign-language degree requirements based on	68688
a proficiency examination specified by the institution.	68689

(C)(1) Not later than October 15, 2012, each state	68690
institution of higher education shall provide statements required	68691
under this section for ten per cent of all baccalaureate degree	68692
programs offered by the institution.	68693

(2) Not later than June 30, 2014, each state institution of	68694
higher education shall provide statements required under this	68695
section for sixty per cent of all baccalaureate degree programs	68696
offered by the institution.	68697

(D) Each state institution of higher education required to	68698
submit statements under this section shall post its three-year	68699
option on its web site and also provide that information to the	68700
department of education. The department shall distribute that	68701
information to the superintendent, high school principal, and	68702
guidance counselor, or equivalents, of each school district,	68703
community school established under Chapter 3314. of the Revised	68704
Code, and STEM school established under Chapter 3326. of the	68705
Revised Code.	68706

(E) Nothing in this section requires an institution to take	68707
any action that would violate the requirements of any independent	68708
association accrediting baccalaureate degree programs.	68709

Sec. 3333.66. (A)(1) Except as provided in division (A)(2) of	68710
this section, in each academic year, no student who receives a	68711
choose Ohio first scholarship shall receive less than one thousand	68712
five hundred dollars or more than one-half of the highest in-state	68713
undergraduate instructional and general fees charged by all state	68714
universities. For this purpose, if Miami university is	68715
implementing the pilot tuition restructuring plan originally	68716
recognized in Am. Sub. H.B. 95 of the 125th general assembly, that	68717
university's instructional and general fees shall be considered to	68718
be the average full-time in-state undergraduate instructional and	68719
general fee amount after taking into account the Ohio resident and	68720
Ohio leader scholarships and any other credit provided to all Ohio	68721
residents.	68722

(2) The chancellor of the Ohio board of regents may authorize	68723
a state university or college or a nonpublic Ohio institution of	68724
higher education to award a choose Ohio first scholarship in an	68725
amount greater than one-half of the highest in-state undergraduate	68726
instructional and general fees charged by all state universities	68727
to either of the following:	68728

(a) Any undergraduate student who qualifies for a scholarship	68729
and is enrolled in a program leading to a teaching profession in	68730
science, technology, engineering, mathematics, or medicine;	68731

(b) Any graduate student who qualifies for a scholarship, if	68732
any initiatives are selected for award under division (B) of this	68733
section.	68734

(B) The chancellor shall encourage state universities and	68735
colleges, alone or in collaboration with other state institutions	68736
of higher education, nonpublic Ohio universities and colleges, or	68737
other public or private Ohio entities, to submit proposals under	68738
the choose Ohio first scholarship program for initiatives that	68739
recruit either of the following:	68740

(1) Ohio residents who enrolled in colleges and universities	68741
in other states or other countries to return to Ohio and enroll in	68742
state universities or colleges as graduate students in the fields	68743
of science, technology, engineering, mathematics, and medicine, or	68744
in the fields of science, technology, engineering, mathematics, or	68745
medical education. If such proposals are submitted and meet the	68746
chancellor's competitive criteria for awards, the chancellor,	68747
subject to approval by the controlling board, shall give at least	68748
one of the proposals preference for an award.	68749

(2) Graduates, or undergraduates who will graduate in time to	68750
participate in the program described in this division by the	68751
subsequent school year, from an Ohio college or university who	68752
received, or will receive, a degree in science, technology,	68753
engineering, mathematics, or medicine to participate in a	68754
graduate-level teacher education masters program in one of those	68755
fields that requires the student to establish a domicile in the	68756
state and to commit to teach for a minimum of three years in a	68757
hard-to-staff school district in the state upon completion of the	68758
master's degree program. The chancellor may require a college or	68759
university to give priority to qualified candidates who graduated	68760
from a high school in this state.	68761

"Hard-to-staff" shall be as defined by the department of	68762
education.	68763

(C) The general assembly intends that money appropriated for	68764
the choose Ohio first scholarship program in each fiscal year be	68765
used for scholarships in the following academic year.	68766

Sec. 3333.81. As used in sections 3333.81 to 3333.88 of the	68767
Revised Code:	68768

(A) "Clearinghouse" means the clearinghouse established under	68769
section 3333.82 of the Revised Code.	68770

(B) "Community school" means a community school established	68771
under Chapter 3314. of the Revised Code.	68772

(C) "Common statewide platform" means a software program that	68773
facilitates the delivery of courses via computers from multiple	68774
course providers to multiple end users, tracks the progress of the	68775
end user, and includes an integrated searchable database of	68776
standards-based course content.	68777

(D) "Course provider" means a school district, community	68778
school, STEM school, state institution of higher education,	68779
private college or university, or nonprofit or for-profit private	68780
entity that creates or is an agent of the creator of original	68781
course content for a course offered through the clearinghouse.	68782

(E) "Instructor" means an individual who holds a license	68783
issued by the state board of education, as defined in section	68784
3319.31 of the Revised Code, or an individual employed as an	68785
instructor or professor by a state institution of higher education	68786
or a private college or university.	68787

(F) "State institution of higher education" has the same	68788
meaning as in section 3345.011 of the Revised Code.	68789

(G) "STEM school" means a science, technology, engineering,	68790
and mathematics school established under Chapter 3326. of the	68791
Revised Code.	68792

(H) A "student's community school" means the community school	68793
in which the student is enrolled instead of being enrolled in a	68794
school operated by a school district.	68795

(I) A "student's school district" means the school district	68796
operating the school in which the student is lawfully enrolled.	68797

(J) "A student's STEM school" means the STEM school in which	68798
the student is enrolled instead of being enrolled in a school	68799
operated by a school district.	68800

(K) "School district" means a city, exempted village, local,	68801
or joint vocational school district.	68802

Sec. 3333.82. (A) The chancellor of the Ohio board of	68803
regents shall establish a clearinghouse of interactive distance	68804
learning courses and other distance learning courses delivered via	68805
a computer-based method offered by school districts, community	68806
schools, STEM schools, state institutions of higher education,	68807
private colleges and universities, and other nonprofit and	68808
for-profit course providers for sharing with other school	68809
districts, community schools, STEM schools, state institutions of	68810
higher education, private colleges and universities, and	68811
individuals for the fee set pursuant to section 3333.84 of the	68812
Revised Code. The chancellor shall not be responsible for the	68813
content of courses offered through the clearinghouse; however, all	68814
such courses shall be delivered only in accordance with technical	68815
specifications approved by the chancellor and on a common	68816
statewide platform administered by the chancellor.	68817

The clearinghouse's distance learning program for students in	68818
grades kindergarten to twelve shall be based on the following	68819
principles:	68820

(1) All Ohio students shall have access to high quality	68821
distance learning courses at any point in their educational	68822
careers.	68823

(2) All students shall be able to customize their education	68824
using distance learning courses offered through the clearinghouse	68825
and no student shall be denied access to any course in the	68826
clearinghouse in which the student is eligible to enroll.	68827

(3) Students may take distance learning courses for all or	68828
any portion of their curriculum requirements and may utilize a	68829
combination of distance learning courses and courses taught in a	68830
traditional classroom setting.	68831

(4) Students may earn an unlimited number of academic credits	68832
through distance learning courses.	68833

(5) Students may take distance learning courses at any time	68834
of the calendar year.	68835

(6) Student advancement to higher coursework shall be based	68836
on a demonstration of subject area competency instead of	68837
completion of any particular number of hours of instruction.	68838

(B) To offer a course through the clearinghouse, a course	68839
provider shall apply to the chancellor in a form and manner	68840
prescribed by the chancellor. The application for each course	68841
shall describe the course of study in as much detail as required	68842
by the chancellor, whether an instructor is provided, the	68843
qualification and credentials of the instructor, the number of	68844
hours of instruction, and any other information required by the	68845
chancellor. The chancellor may require course providers to include	68846
in their applications information recommended by the state board	68847
of education under former section 3353.30 of the Revised Code.	68848

(C) The chancellor shall review the technical specifications	68849
of each application submitted under division (B) of this section.	68850
In reviewing applications, the chancellor may consult with the	68851
department of education; however, the responsibility to either	68852
approve or not approve a course for the clearinghouse belongs to	68853
the chancellor. The chancellor may request additional information	68854
from a course provider that submits an application under division	68855
(B) of this section, if the chancellor determines that such	68856
information is necessary. The chancellor may negotiate changes in	68857
the proposal to offer a course, if the chancellor determines that	68858
changes are necessary in order to approve the course.	68859

(D) The chancellor shall catalog each course approved for the	68860
clearinghouse, through a print or electronic medium, displaying	68861
the following:	68862

(1) Information necessary for a student and the student's	68863
parent, guardian, or custodian and the student's school district,	68864
community school, STEM school, college, or university to decide	68865
whether to enroll in or subscribe to the course;	68866

(2) Instructions for enrolling in that course, including	68867
deadlines for enrollment.	68868

(E) Any expenses related to the installation of a course into	68869
the common statewide platform shall be borne by the course	68870
provider.	68871

(F) ~~The chancellor may contract with an entity to perform any~~	68872
~~or all of the chancellor's duties under sections 3333.81 to~~	68873
~~3333.88 of the Revised Code.~~The eTech Ohio commission, in	68874
consultation with the chancellor and the state board, shall	68875
distribute information to students and parents describing the	68876
clearinghouse. The information shall be provided in an easily	68877
understandable format.	68878

Sec. 3333.83. (A) ~~A student who is enrolled in a school~~	68879
~~operated by a school district or in a community school or STEM~~	68880
~~school may enroll in a course through the clearinghouse only if~~	68881
~~both of the following conditions are satisfied:~~	68882

~~(1) The student's enrollment in the course is approved by the~~	68883
~~student's school district, community school, or STEM school.~~	68884

~~(2) The student's school district, community school, or STEM~~	68885
~~school agrees to accept for credit the grade assigned by the~~	68886
~~course provider, if that provider is another school district,~~	68887
~~community school, or STEM school~~Each school district, community	68888
school, and STEM school shall encourage students to take advantage	68889
of the distance learning opportunities offered through the	68890
clearinghouse and shall assist any student electing to participate	68891
in the clearinghouse with the selection and scheduling of courses	68892
that satisfy the district's or school's curriculum requirements	68893
and promote the student's post-secondary college or career plans.	68894

(B) For each student enrolled in a school operated by a	68895
school district or in a community school or STEM school who is	68896
enrolling in a course provided through the clearinghouse by	68897
another school district, community school, or STEM school, the	68898
student's school district, community school, or STEM school shall	68899
transmit the student's name to the course provider.	68900

The course provider may request from the student's school	68901
district, community school, or STEM school other information from	68902
the student's school record. The district or school shall provide	68903
the requested information only in accordance with section 3319.321	68904
of the Revised Code.	68905

(C) The student's school district, community school, or STEM	68906
school shall determine the manner in which and facilities at which	68907
the student shall participate in the course consistent with	68908
specifications for technology and connectivity adopted by the	68909
chancellor of the Ohio board of regents.	68910

(D) A student may withdraw from a course prior to the end of	68911
the course only by a date and in a manner prescribed by the	68912
student's school district, community school, or STEM school.	68913

(E) A student who is enrolled in a school operated by a	68914
school district or in a community school or STEM school and who	68915
takes a course through the clearinghouse shall be counted in the	68916
formula ADM of a school district under section 3317.03 of the	68917
Revised Code as if the student were taking the course from the	68918
student's school district, community school, or STEM school.	68919

Sec. 3333.84. (A) The fee charged for any course offered	68920
through the clearinghouse shall be set by the course provider.	68921

(B) The chancellor of the Ohio board of regents shall	68922
prescribe the manner in which the fee for a course shall be	68923
collected or deducted from the school district, school, college or	68924
university, or individual subscribing to the course and in which	68925
manner the fee shall be paid to the course provider.	68926

(C) The chancellor may retain a percentage of the fee charged	68927
for a course to offset the cost of maintaining and operating the	68928
clearinghouse, including the payment of compensation for an entity	68929
or a private entity that is under contract with the chancellor	68930
under division (F) of section 3333.82 of the Revised Code. The	68931
percentage retained shall be determined by the chancellor.	68932

(D) Nothing in this section shall be construed to require the	68933
school district, community school, or STEM school in which a	68934
student is enrolled to pay the fee charged for a course taken by	68935
the student.	68936

Sec. 3333.85. (A) The grade for a student enrolled in a	68937
school operated by a school district or in a community school or	68938
STEM school for a course provided through the clearinghouse by	68939
another school district, community school, or STEM school shall be	68940
assigned by the course provider and shall be transmitted to the	68941
student's school district, community school, or STEM school.	68942

(B) The district or school enrolling the student shall award	68943
the student credit for successful completion of the course. The	68944
credit awarded shall be equivalent to any credit that would be	68945
granted for successful completion of a similar course offered by	68946
the district or school.	68947

(C) No district or school shall prohibit or otherwise limit	68948
any student's access to or participation in courses offered	68949
through the clearinghouse, or refuse to recognize such courses as	68950
fulfilling curriculum requirements, including the requirements for	68951
a high school diploma under section 3313.603 of the Revised Code.	68952

Sec. 3333.87. The chancellor of the Ohio board of regents	68953
and the state board of education jointly, and in consultation with	68954
the director of the governor's office of 21st century education,	68955
shall adopt rules in accordance with Chapter 119. of the Revised	68956
Code prescribing procedures for the implementation of sections	68957
3333.81 to 3333.86 of the Revised Code.	68958

Sec. 3333.90. (A) As used in this section:

68959

(1) "Allocated state share of instruction" means, for any	68960
fiscal year, the amount of the state share of instruction	68961
appropriated to the Ohio board of regents by the general assembly	68962
that is allocated to a community or technical college or community	68963
or technical college district for such fiscal year.	68964

(2) "~~Authority~~Issuing authority" ~~means the Ohio building~~	68965
~~authority~~has the same meaning as in section 154.01 of the Revised	68966
Code.	68967

(3) "Bond service charges" has the same meaning as in section	68968
~~152.09~~154.01 of the Revised Code.	68969

(4) "Chancellor" means the chancellor of the Ohio board of	68970
regents.	68971

(5) "Community or technical college" or "college" means any	68972
of the following state-supported or state-assisted institutions of	68973
higher education:	68974

(a) A community college as defined in section 3354.01 of the	68975
Revised Code;	68976

(b) A technical college as defined in section 3357.01 of the	68977
Revised Code;	68978

(c) A state community college as defined in section 3358.01	68979
of the Revised Code.	68980

(6) "Community or technical college district" or "district"	68981
means any of the following institutions of higher education that	68982
are state-supported or state-assisted:	68983

(a) A community college district as defined in section	68984
3354.01 of the Revised Code;	68985

(b) A technical college district as defined in section	68986
3357.01 of the Revised Code;	68987

(c) A state community college district as defined in section	68988
3358.01 of the Revised Code.	68989

(7) "Credit enhancement facilities" has the same meaning as	68990
in section 133.01 of the Revised Code.	68991

(8) "Obligations" has the meaning as in section ~~152.09~~154.01	68992
or 3345.12 of the Revised Code, as the context requires.	68993

(B) The board of trustees of any community or technical	68994
college district authorizing the issuance of obligations under	68995
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the	68996
Revised Code, or for whose benefit and on whose behalf the issuing	68997
authority proposes to issue obligations under ~~division (G) of~~	68998
section ~~152.09~~154.25 of the Revised Code, may adopt a resolution	68999
requesting the chancellor to enter into an agreement with the	69000
community or technical college district and the primary paying	69001
agent or fiscal agent for such obligations, providing for the	69002
withholding and deposit of funds otherwise due the district or the	69003
community or technical college it operates in respect of its	69004
allocated state share of instruction, for the payment of bond	69005
service charges on such obligations.	69006

The board of trustees shall deliver to the chancellor a copy	69007
of the resolution and any additional pertinent information the	69008
chancellor may require.	69009

The chancellor and the office of budget and management, and	69010
the issuing authority in the case of obligations to be issued by	69011
the issuing authority, shall evaluate each request received from a	69012
community or technical college district under this section. The	69013
chancellor, with the advice and consent of the director of budget	69014
and management and the issuing authority in the case of	69015
obligations to be issued by the issuing authority, shall approve	69016
each request if all of the following conditions are met:	69017

(1) Approval of the request will enhance the marketability of	69018
the obligations for which the request is made;	69019

(2) The chancellor and the office of budget and management,	69020
and the issuing authority in the case of obligations to be issued	69021
by the issuing authority, have no reason to believe the requesting	69022
community or technical college district or the community or	69023
technical college it operates will be unable to pay when due the	69024
bond service charges on the obligations for which the request is	69025
made, and bond service charges on those obligations are therefore	69026
not anticipated to be paid pursuant to this section from the	69027
allocated state share of instruction for purposes of Section 17 of	69028
Article VIII, Ohio Constitution.	69029

(3) Any other pertinent conditions established in rules	69030
adopted under division (H) of this section.	69031

(C) If the chancellor approves the request of a community or	69032
technical college district to withhold and deposit funds pursuant	69033
to this section, the chancellor shall enter into a written	69034
agreement with the district and the primary paying agent or fiscal	69035
agent for the obligations, which agreement shall provide for the	69036
withholding of funds pursuant to this section for the payment of	69037
bond service charges on those obligations. The agreement may also	69038
include both of the following:	69039

(1) Provisions for certification by the district to the	69040
chancellor, prior to the deadline for payment of the applicable	69041
bond service charges, whether the district and the community or	69042
technical college it operates are able to pay those bond service	69043
charges when due;	69044

(2) Requirements that the district or the community or	69045
technical college it operates deposits amounts for the payment of	69046
those bond service charges with the primary paying agent or fiscal	69047
agent for the obligations prior to the date on which the bond	69048
service charges are due to the owners or holders of the	69049
obligations.	69050

(D) Whenever a district or the community or technical college	69051
it operates notifies the chancellor that it will not be able to	69052
pay the bond service charges when they are due, subject to the	69053
withholding provisions of this section, or whenever the applicable	69054
paying agent or fiscal agent notifies the chancellor that it has	69055
not timely received from a district or from the college it	69056
operates the full amount needed for payment of the bond service	69057
charges when due to the holders or owners of such obligations, the	69058
chancellor shall immediately contact the district or college and	69059
the paying agent or fiscal agent to confirm that the district and	69060
the college are not able to make the required payment by the date	69061
on which it is due.	69062

If the chancellor confirms that the district and the college	69063
are not able to make the payment and the payment will not be made	69064
pursuant to a credit enhancement facility, the chancellor shall	69065
promptly pay to the applicable primary paying agent or fiscal	69066
agent the lesser of the amount due for bond service charges or the	69067
amount of the next periodic distribution scheduled to be made to	69068
the district or to the college in respect of its allocated state	69069
share of instruction. If this amount is insufficient to pay the	69070
total amount then due the agent for the payment of bond service	69071
charges, the chancellor shall continue to pay to the agent from	69072
each periodic distribution thereafter, and until the full amount	69073
due the agent for unpaid bond service charges is paid in full, the	69074
lesser of the remaining amount due the agent for bond service	69075
charges or the amount of the next periodic distribution scheduled	69076
to be made to the district or college in respect of its allocated	69077
state share of instruction.	69078

(E) The chancellor may make any payments under this section	69079
by direct deposit of funds by electronic transfer.	69080

Any amount received by a paying agent or fiscal agent under	69081
this section shall be applied only to the payment of bond service	69082
charges on the obligations of the community or technical college	69083
district or community or technical college subject to this section	69084
or to the reimbursement of the provider of a credit enhancement	69085
facility that has paid the bond service charges.	69086

(F) The chancellor may make payments under this section to	69087
paying agents or fiscal agents during any fiscal biennium of the	69088
state only from and to the extent that money is appropriated to	69089
the board of regents by the general assembly for distribution	69090
during such biennium for the state share of instruction and only	69091
to the extent that a portion of the state share of instruction has	69092
been allocated to the community or technical college district or	69093
community or technical college. Obligations of the issuing	69094
authority or of a community or technical college district to which	69095
this section is made applicable do not constitute an obligation or	69096
a debt or a pledge of the faith, credit, or taxing power of the	69097
state, and the holders or owners of those obligations have no	69098
right to have excises or taxes levied or appropriations made by	69099
the general assembly for the payment of bond service charges on	69100
the obligations, and the obligations shall contain a statement to	69101
that effect. The agreement for or the actual withholding and	69102
payment of money under this section does not constitute the	69103
assumption by the state of any debt of a community or technical	69104
college district or a community or technical college, and bond	69105
service charges on the related obligations are not anticipated to	69106
be paid from the state general revenue fund for purposes of	69107
Section 17 of Article VIII, Ohio Constitution.	69108

(G) In the case of obligations subject to the withholding	69109
provisions of this section, the issuing community or technical	69110
college district, or the issuing authority in the case of	69111
obligations issued by the issuing authority, shall appoint a	69112
paying agent or fiscal agent who is not an officer or employee of	69113
the district or college.	69114

(H) The chancellor, with the advice and consent of the office	69115
of budget and management, may adopt reasonable rules not	69116
inconsistent with this section for the implementation of this	69117
section to secure payment of bond service charges on obligations	69118
issued by a community or technical college district or by the	69119
issuing authority for the benefit of a community or technical	69120
college district or the community or technical college it	69121
operates. Those rules shall include criteria for the evaluation	69122
and approval or denial of community or technical college district	69123
requests for withholding under this section.	69124

(I) The authority granted by this section is in addition to	69125
and not a limitation on any other authorizations granted by or	69126
pursuant to law for the same or similar purposes.	69127

Sec. 3333.93. (A) The Ohio out-of-state tuition surcharge	69128
forgiveness program is hereby created. The chancellor of the Ohio	69129
board of regents shall defer payment of the out-of-state tuition	69130
surcharge for nonresident undergraduate and graduate students	69131
enrolled in a state institution of higher education who qualify	69132
for the program. In order to receive such a deferment, nonresident	69133
students must commit to living and working in the state for five	69134
years after receiving a degree from a state institution of higher	69135
education. For each year a deferment recipient lives and works in	69136
Ohio, a percentage of the total amount of out-of-state tuition	69137
owed by the recipient shall be forgiven until the end of the fifth	69138
year of employment and residency in the state after graduation, at	69139
which time the remaining amount owed shall be forgiven under	69140
division (C) of section 3333.94 of the Revised Code.	69141

(B) The chancellor shall adopt rules in accordance with	69142
Chapter 119. of the Revised Code to establish and administer the	69143
program. Such rules shall include, but not be limited to, all of	69144
the following:	69145

(1) Student eligibility to receive a deferment, and any	69146
academic requirements to continue receiving the deferment;	69147

(2) An application, selection, and award process for	69148
deferments;	69149

(3) A process for accounting for the amount of out-of-state	69150
tuition owed by the deferment recipient, calculated in conjunction	69151
with state institutions of higher education;	69152

(4) The maximum amount of out-of-state tuition surcharges a	69153
recipient may defer;	69154

(5) A procedure for recipients who transfer to other state	69155
institutions of higher education;	69156

(6) Conditions under which a deferment shall be canceled.

69157

The chancellor shall require that all applicants to the	69158
deferment program shall file a statement of selective service	69159
status in compliance with section 3345.32 of the Revised Code, if	69160
applicable, and that all applicants have not been convicted of,	69161
plead guilty to, or adjudicated a delinquent child for any	69162
violation listed in section 3333.38 of the Revised Code.	69163

(C)(1) Tuition surcharge deferment recipients shall reside	69164
and work in the state for not less than five years immediately	69165
subsequent to receiving a degree from a state institution of	69166
higher education.	69167

(2) If a student who receives a deferral under this section	69168
as an undergraduate enrolls in a graduate program at a state	69169
institution of higher education in the academic year subsequent to	69170
graduation, division (C)(1) of this section shall not apply until	69171
the student graduates from the graduate program in which that	69172
student is enrolled.	69173

(D) The board of trustees of any state institution of higher	69174
education may do either of the following:	69175

(1) Limit the number of nonresident students enrolled in that	69176
state institution who may participate in the program established	69177
in this section;	69178

(2) Establish eligibility standards for students enrolled in	69179
that state institution to qualify for and to continue	69180
participating in the program established under this section.	69181

Sec. 3333.94. (A) Each recipient who accepts an out-of-state	69182
tuition surcharge payment deferment under section 3333.93 of the	69183
Revised Code, or the recipient's parent if the recipient is	69184
younger than eighteen years of age, shall sign a promissory note	69185
payable to the state in the event the recipient does not satisfy	69186
the requirements of division (C) of section 3333.93 of the Revised	69187
Code or the deferment is terminated. The amount payable under the	69188
note shall be the amount of deferred total out-of-state tuition	69189
surcharge accrued by the recipient. The period of repayment under	69190
the note shall be determined by the chancellor of the Ohio board	69191
of regents. The note shall stipulate that the obligation to make	69192
payments under the note is canceled after the recipient has lived	69193
and worked in the state for five years after graduation in	69194
accordance with division (C) of section 3333.93 of the Revised	69195
Code, or if the recipient dies or becomes totally and permanently	69196
disabled.	69197

(B) Repayment of the principal amount of the deferred	69198
surcharge and interest accrued shall be deferred while the	69199
recipient is enrolled in a state institution of higher education,	69200
while the recipient is seeking employment to fulfill the	69201
employment obligation, for a period not to exceed six months, or	69202
while the recipient lives and works in the state.	69203

(C) During the five-year period following the recipient's	69204
graduation from a state institution of higher education, the	69205
chancellor shall deduct from the outstanding balance that may be	69206
converted to a loan an amount as follows at the end of each year	69207
the recipient lives and works in the state:	69208

(1) Ten per cent of the total amount deferred, at the end of	69209
the first year of employment and residence after graduation;	69210

(2) Twenty per cent of the total amount deferred, at the end	69211
of the second year of employment and residence;	69212

(3) Thirty per cent of the total amount deferred, at the end	69213
of the third year of employment and residence after graduation;	69214

(4) Fifty per cent of the total amount deferred, at the end	69215
of the fourth year of employment and residence after graduation;	69216

(5) One hundred per cent of the total amount deferred, at the	69217
end of the fifth year of employment and residence after	69218
graduation.	69219

(D) The chancellor may terminate the deferment in accordance	69220
with the rules adopted under section 3333.93 of the Revised Code,	69221
in which case the amount deferred shall be converted to a loan to	69222
be repaid under division (A) of this section.	69223

(E) Except as provided in division (B)(5) of section 3333.93	69224
of the Revised Code, the deferment shall be deemed terminated upon	69225
the recipient's withdrawal from school or the recipient's failure	69226
to meet the standards of the deferment, as determined by the	69227
chancellor or the state institution of higher education from which	69228
the recipient received a degree, and shall be converted to a loan	69229
to be repaid under division (A) of this section.	69230

(F) The chancellor and the attorney general shall collect	69231
payments on the converted loan in accordance with section 131.02	69232
of the Revised Code.	69233

Sec. 3334.19. (A) The Ohio tuition trust authority shall	69234
adopt an investment plan that sets forth investment policies and	69235
guidelines to be utilized in administering the variable college	69236
savings program and investment options offered by the authority.	69237
The investment options shall include a default option to benefit	69238
contributors who are first-time investors or have low to moderate	69239
incomes. Except as provided in section 3334.20 of the Revised	69240
Code, the authority shall contract with one or more insurance	69241
companies, banks, or other financial institutions to act as its	69242
investment agents and to provide such services as the authority	69243
considers appropriate to the investment plan, including:	69244

(1) Purchase, control, and safekeeping of assets;

69245

(2) Record keeping and accounting for individual accounts and	69246
for the program as a whole;	69247

(3) Provision of consolidated statements of account.

69248

(B) The authority or its investment agents shall maintain a	69249
separate account for the beneficiary of each contract entered into	69250
under the variable college savings program. If a beneficiary has	69251
more than one such account, the authority or its agents shall	69252
track total contributions and earnings and provide a consolidated	69253
system of account distributions to institutions of higher	69254
education.	69255

(C) The authority or its investment agents may place assets	69256
of the program in savings accounts and may purchase fixed or	69257
variable life insurance or annuity contracts, securities, evidence	69258
of indebtedness, or other investment products pursuant to the	69259
investment plan.	69260

(D) Contributors shall not direct the investment of their	69261
contributions under the investment plan. The authority shall	69262
impose other limits on contributors' investment discretion to the	69263
extent required under section 529 of the Internal Revenue Code.	69264

(E) The investment agents with which the authority contracts	69265
shall discharge their duties with respect to program funds with	69266
the care and diligence that a prudent person familiar with such	69267
matters and with the character and aims of the program would use.	69268

(F) The assets of the program shall be preserved, invested,	69269
and expended solely for the purposes of this chapter and shall not	69270
be loaned or otherwise transferred or used by the state for any	69271
other purpose. This section shall not be construed to prohibit the	69272
investment agents of the authority from investing, by purchase or	69273
otherwise, in bonds, notes, or other obligations of the state or	69274
any agency or instrumentality of the state. Unless otherwise	69275
specified by the authority, assets of the program shall be	69276
expended in the following order of priority:	69277

(1) To make payments on behalf of beneficiaries;

69278

(2) To make refunds upon termination of variable college	69279
savings program contracts;	69280

(3) To pay the authority's costs of administering the	69281
program;	69282

(4) To pay or cover any other expenditure or disbursement the	69283
authority determines necessary or appropriate.	69284

(G) Fees, charges, and other costs imposed or collected by	69285
the authority in connection with the variable college savings	69286
program, including any fees or other payments that the authority	69287
requires an investment agent to pay to the authority, shall be	69288
credited to either the variable operating fund or the index	69289
operating fund at the discretion of the authority. These funds are	69290
hereby created in the state treasury. Expenses incurred in the	69291
administration of the variable college savings program, as well as	69292
other expenses, disbursements, or payments the authority considers	69293
appropriate for the benefit of any college savings programs	69294
administered by the authority, the state of Ohio and its citizens,	69295
shall be paid from the variable operating fund or the index	69296
operating fund at the discretion of the authority.	69297

(H) No records of the authority indicating the identity of	69298
purchasers, contributors, and beneficiaries under the program or	69299
amounts contributed to, earned by, or distributed from program	69300
accounts are public records within the meaning of section 149.43	69301
of the Revised Code.	69302

Sec. 3345.023. (A) No state institution of higher education	69303
shall take any action or enforce any policy that would deny a	69304
religious student group any benefit available to any other student	69305
group based on the religious student group's requirement that its	69306
leaders or members adhere to its sincerely held religious beliefs	69307
or standards of conduct.	69308

(B) As used in this section:

69309

(1) "Benefits" include, without limitation:

69310

(a) Recognition;

69311

(b) Registration;

69312

(c) The use of facilities of the state institution of higher	69313
education for meetings or speaking purposes, subject to section	69314
3345.021 of the Revised Code;	69315

(d) The use of channels of communication of the state	69316
institution of higher education;	69317

(e) Funding sources that are otherwise available to any other	69318
student group in the state institution of higher education.	69319

(2) "State institution of higher education" has the same	69320
meaning as in section 3345.011 of the Revised Code.	69321

Sec. 3345.061. (A) Ohio's two-year institutions of higher	69322
education are respected points of entry for students embarking on	69323
post-secondary careers and courses completed at those institutions	69324
are transferable to state universities in accordance with	69325
articulation and transfer agreements developed under sections	69326
3333.16, 3333.161, and 3333.162 of the Revised Code.	69327

(B) Beginning with undergraduate students who commence	69328
undergraduate studies in the 2014-2015 academic year, no state	69329
university listed in section 3345.011 of the Revised Code, except	69330
Central state university, Shawnee state university, and Youngstown	69331
state university, shall receive any state operating subsidies for	69332
any academic remedial or developmental courses for undergraduate	69333
students, including courses prescribed in the Ohio core curriculum	69334
for high school graduation under division (C) of section 3313.603	69335
of the Revised Code, offered at its main campus, except as	69336
provided in divisions (B)(1) to (4) of this section.	69337

(1) In the 2014-2015 and 2015-2016 academic years, a state	69338
university may receive state operating subsidies for academic	69339
remedial or developmental courses for not more than three per cent	69340
of the total undergraduate credit hours provided by the university	69341
at its main campus.	69342

(2) In the 2016-2017 academic year, a state university may	69343
receive state operating subsidies for academic remedial or	69344
developmental courses for not more than fifteen per cent of the	69345
first-year students who have graduated from high school within the	69346
previous twelve months and who are enrolled in the university at	69347
its main campus, as calculated on a full-time-equivalent basis.	69348

(3) In the 2017-2018 academic year, a state university may	69349
receive state operating subsidies for academic remedial or	69350
developmental courses for not more than ten per cent of the	69351
first-year students who have graduated from high school within the	69352
previous twelve months and who are enrolled in the university at	69353
its main campus, as calculated on a full-time-equivalent basis.	69354

(4) In the 2018-2019 academic year, a state university may	69355
receive state operating subsidies for academic remedial or	69356
developmental courses for not more than five per cent of the	69357
first-year students who have graduated from high school within the	69358
previous twelve months and who are enrolled in the university at	69359
its main campus, as calculated on a full-time-equivalent basis.	69360

Each state university may continue to offer academic remedial	69361
and developmental courses at its main campus beyond the extent for	69362
which state operating subsidies may be paid under this division	69363
and may continue to offer such courses beyond the 2018-2019	69364
academic year. However, the university shall not receive any state	69365
operating subsidies for such courses above the maximum amounts	69366
permitted in this division.	69367

(C) Except as otherwise provided in division (B) of this	69368
section, beginning with students who commence undergraduate	69369
studies in the 2014-2015 academic year, state operating subsidies	69370
for academic remedial or developmental courses offered by state	69371
institutions of higher education may be paid only to Central state	69372
university, Shawnee state university, Youngstown state university,	69373
any university branch, any community college, any state community	69374
college, or any technical college.	69375

(D) Each state university shall grant credit for academic	69376
remedial or developmental courses successfully completed at an	69377
institution described in division (C) of this section pursuant to	69378
any applicable articulation and transfer agreements the university	69379
has entered into in accordance with policies and procedures	69380
adopted under section 3333.16, 3333.161, or 3333.162 of the	69381
Revised Code.	69382

(E) The chancellor of the Ohio board of regents shall do all	69383
of the following:	69384

(1) Withhold state operating subsidies for academic remedial	69385
or developmental courses provided by a state university as	69386
required in order to conform to divisions (B) and (C) of this	69387
section;	69388

(2) Adopt uniform statewide standards for academic remedial	69389
and developmental courses offered by all state institutions of	69390
higher education~~, as defined in section 3345.011 of the Revised~~	69391
~~Code~~;	69392

(3) Encourage and assist in the design and establishment of	69393
academic remedial and developmental courses by institutions of	69394
higher education;	69395

(4) Define "academic year" for purposes of this section and	69396
section 3345.06 of the Revised Code;	69397

(5) Encourage and assist in the development of articulation	69398
and transfer agreements between state universities and other	69399
institutions of higher education in accordance with policies and	69400
procedures adopted under sections 3333.16, 3333.161, and 3333.162	69401
of the Revised Code.	69402

(F) Not later than December 31, 2012, the presidents, or	69403
equivalent position, of all state institutions of higher	69404
education, or their designees, jointly shall establish uniform	69405
statewide standards in mathematics, science, reading, and writing	69406
each student enrolled in a state institution of higher education	69407
must meet to be considered in remediation-free status. The	69408
presidents also shall establish assessments, if they deem	69409
necessary, to determine if a student meets the standards adopted	69410
under this division. Each institution is responsible for assessing	69411
the needs of its enrolled students in the manner adopted by the	69412
presidents. The board of trustees or managing authority of each	69413
state institution of higher education shall adopt the	69414
remediation-free status standard, and any related assessments,	69415
into the institution's policies.	69416

The chancellor shall assist in coordinating the work of the	69417
presidents under this division.	69418

(G) Each year, not later than a date established by the	69419
chancellor, each state institution of higher education shall	69420
report to the governor, the general assembly, the chancellor, and	69421
the superintendent of public instruction all of the following for	69422
the prior academic year:	69423

(1) The institution's aggregate costs for providing academic	69424
remedial or developmental courses;	69425

(2) The amount of those costs disaggregated according to the	69426
city, local, or exempted village school districts from which the	69427
students taking those courses received their high school diplomas;	69428

(3) Any other information with respect to academic remedial	69429
and developmental courses that the chancellor considers	69430
appropriate.	69431

(H) Not later than December 31, 2011, and the thirty-first	69432
day of each December thereafter, the chancellor and the	69433
superintendent of public instruction shall issue a report	69434
recommending policies and strategies for reducing the need for	69435
academic remediation and developmental courses at state	69436
institutions of higher education.	69437

(I) As used in this section, "state institution of higher	69438
education" has the same meaning as in section 3345.011 of the	69439
Revised Code.	69440

Sec. 3345.14. (A) As used in this section, "state college or	69441
university" means any state university or college defined in	69442
division (A)(1) of section 3345.12 of the Revised Code, and any	69443
other institution of higher education defined in division (A)(2)	69444
of that section.	69445

(B) All rights to and interests in discoveries, inventions,	69446
or patents which result from research or investigation conducted	69447
in any experiment station, bureau, laboratory, research facility,	69448
or other facility of any state college or university, or by	69449
employees of any state college or university acting within the	69450
scope of their employment or with funding, equipment, or	69451
infrastructure provided by or through any state college or	69452
university, shall be the sole property of that college or	69453
university. No person, firm, association, corporation, or	69454
governmental agency which uses the facilities of such college or	69455
university in connection with such research or investigation and	69456
no faculty member, employee, or student of such college or	69457
university participating in or making such discoveries or	69458
inventions, shall have any rights to or interests in such	69459
discoveries or inventions, including income therefrom, except as	69460
may, by determination of the board of trustees of such college or	69461
university, be assigned, licensed, transferred, or paid to such	69462
persons or entities in accordance with division (C) of this	69463
section or in accordance with rules adopted under division (D) of	69464
this section.	69465

(C) As may be determined from time to time by the board of	69466
trustees of any state college or university, the college or	69467
university may retain, assign, license, transfer, sell, or	69468
otherwise dispose of, in whole or in part and upon such terms as	69469
the board of trustees may direct, any and all rights to, interests	69470
in, or income from any such discoveries, inventions, or patents	69471
which the college or university owns or may acquire. Such	69472
dispositions may be to any individual, firm, association,	69473
corporation, or governmental agency, or to any faculty member,	69474
employee, or student of the college or university as the board of	69475
trustees may direct. Any and all income or proceeds derived or	69476
retained from such dispositions shall be applied to the general or	69477
special use of the college or university as determined by the	69478
board of trustees of such college or university.	69479

(D)(1) Notwithstanding any provision of the Revised Code to	69480
the contrary, including but not limited to sections 102.03,	69481
102.04, 2921.42, and 2921.43 of the Revised Code, the board of	69482
trustees of any state college or university may adopt rules in	69483
accordance with section 111.15 of the Revised Code that set forth	69484
circumstances under which an employee of the college or university	69485
may solicit or accept, and under which a person may give or	69486
promise to give to such an employee, a financial interest in any	69487
firm, corporation, or other association to which the board has	69488
assigned, licensed, transferred, or sold the college or	69489
university's interests in its intellectual property, including	69490
discoveries or inventions made or created by that employee or in	69491
patents issued to that employee.	69492

(2) Rules established under division (D)(1) of this section	69493
shall include the following:	69494

(a) A requirement that each college or university employee	69495
disclose to the college or university board of trustees any	69496
financial interest the employee holds in a firm, corporation, or	69497
other association as described in division (D)(1) of this section;	69498

(b) A requirement that all disclosures made under division	69499
(D)(2)(a) of this section are reviewed by officials designated by	69500
the college or university board of trustees. The officials	69501
designated under this division shall determine the information	69502
that shall be disclosed and safeguards that shall be applied in	69503
order to manage, reduce, or eliminate any actual or potential	69504
conflict of interest.	69505

(c) A requirement that in implementing division (D) of this	69506
section all members of the college or university board of trustees	69507
shall be governed by Chapter 102. and sections 2921.42 and 2921.43	69508
of the Revised Code.	69509

(d) Guidelines to ensure that any financial interest held by	69510
any employee of the college or university does not result in	69511
misuse of the students, employees, or resources of the college or	69512
university for the benefit of the firm, corporation, or other	69513
association in which such interest is held or does not otherwise	69514
interfere with the duties and responsibilities of the employee who	69515
holds such an interest.	69516

(3) Rules established under division (D)(1) of this section	69517
may include other provisions at the discretion of the college or	69518
university board of trustees.	69519

(E) Notwithstanding division (D) of this section, the Ohio	69520
ethics commission retains authority to provide assistance to a	69521
college or university board of trustees in the implementation of	69522
division (D)(2) of this section and to address any matter that is	69523
outside the scope of the exception to division (B) of this section	69524
as set forth in division (D) of this section or as set forth in	69525
rules established under division (D) of this section.	69526

Sec. 3345.32. (A) As used in this section:

69527

(1) "State university or college" means the institutions	69528
described in section 3345.27 of the Revised Code and the northeast	69529
Ohio medical university.	69530

(2) "Resident" has the meaning specified by rule of the	69531
chancellor of the Ohio board of regents.	69532

(3) "Statement of selective service status" means a statement	69533
certifying one of the following:	69534

(a) That the individual filing the statement has registered	69535
with the selective service system in accordance with the "Military	69536
Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as	69537
amended;	69538

(b) That the individual filing the statement is not required	69539
to register with the selective service for one of the following	69540
reasons:	69541

(i) The individual is under eighteen or over twenty-six years	69542
of age.	69543

(ii) The individual is on active duty with the armed forces	69544
of the United States other than for training in a reserve or	69545
national guard unit.	69546

(iii) The individual is a nonimmigrant alien lawfully in the	69547
United States in accordance with section 101 (a)(15) of the	69548
"Immigration and Nationality Act," 8 U.S.C. 1101, as amended.	69549

(iv) The individual is not a citizen of the United States and	69550
is a permanent resident of the Trust Territory of the Pacific	69551
Islands or the Northern Mariana Islands.	69552

(4) "Institution of higher education" means any eligible	69553
institution approved by the United States department of education	69554
pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as	69555
amended, or any institution whose students are eligible for	69556
financial assistance under any of the programs described by	69557
division (E) of this section.	69558

(B) The chancellor shall, by rule, specify the form of	69559
statements of selective service status to be filed in compliance	69560
with divisions (C) to (E) of this section. Each statement of	69561
selective service status shall contain a section wherein a male	69562
student born after December 31, 1959, certifies that the student	69563
has registered with the selective service system in accordance	69564
with the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C.	69565
App. 453, as amended. For those students not required to register	69566
with the selective service, as specified in divisions (A)(2)(b)(i)	69567
to (iv) of this section, a section shall be provided on the	69568
statement of selective service status for the certification of	69569
nonregistration and for an explanation of the reason for the	69570
exemption. The chancellor may require that such statements be	69571
accompanied by documentation specified by rule of the chancellor.	69572

(C) A state university or college that enrolls in any course,	69573
class, or program a male student born after December 31, 1959, who	69574
has not filed a statement of selective service status with the	69575
university or college shall, regardless of the student's	69576
residency, charge the student any tuition surcharge charged	69577
students who are not residents of this state.	69578

(D) No male born after December 31, 1959, shall be eligible	69579
to receive any loan, grant, scholarship, or other financial	69580
assistance for educational expenses granted under section 3315.33,	69581
3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.391, 3333.93,	69582
5910.03, 5910.032, or 5919.34 of the Revised Code, financed by an	69583
award under the choose Ohio first scholarship program established	69584
under section 3333.61 of the Revised Code, or financed by an award	69585
under the Ohio co-op/internship program established under section	69586
3333.72 of the Revised Code, unless that person has filed a	69587
statement of selective service status with that person's	69588
institution of higher education.	69589

(E) If an institution of higher education receives a	69590
statement from an individual certifying that the individual has	69591
registered with the selective service system in accordance with	69592
the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App.	69593
453, as amended, or that the individual is exempt from	69594
registration for a reason other than that the individual is under	69595
eighteen years of age, the institution shall not require the	69596
individual to file any further statements. If it receives a	69597
statement certifying that the individual is not required to	69598
register because the individual is under eighteen years of age,	69599
the institution shall require the individual to file a new	69600
statement of selective service status each time the individual	69601
seeks to enroll for a new academic term or makes application for a	69602
new loan or loan guarantee or for any form of financial assistance	69603
for educational expenses, until it receives a statement certifying	69604
that the individual has registered with the selective service	69605
system or is exempt from registration for a reason other than that	69606
the individual is under eighteen years of age.	69607

Sec. 3345.54. (A) As used in this section:

69608

(1) "Auxiliary facilities" has the same meaning as in section	69609
3345.12 of the Revised Code.	69610

(2) "Conduit entity" means an organization described in	69611
section 501(c)(3) of the Internal Revenue Code qualified as a	69612
public charity under section 509(a)(2) or 509(a)(3) of the	69613
Internal Revenue Code, whose corporate purpose allows it to	69614
perform the functions and obligations of a conduit entity pursuant	69615
to the terms of a financing agreement.	69616

(3) "Conveyed property" means auxiliary facilities conveyed	69617
by a state institution to a conduit entity pursuant to a financing	69618
agreement.	69619

(4) "Financing agreement" means a contract described in	69620
division (C) of this section.	69621

(5) "Independent funding source" means a private entity that	69622
enters into a financing agreement with a conduit entity and a	69623
state institution.	69624

(6) "State institution" means a state institution of higher	69625
education as defined in section 3345.011 of the Revised Code.	69626

(B) The board of trustees of a state institution, with the	69627
approval of the chancellor of the Ohio board of regents and the	69628
controlling board, may enter into a financing agreement with a	69629
conduit entity and an independent funding source selected either	69630
through a competitive selection process or by direct negotiations,	69631
and may convey to the conduit entity title to any auxiliary	69632
facilities owned by the state institution pursuant to the terms of	69633
a financing agreement.	69634

(C) A financing agreement under this section is a written	69635
contract entered into among a state institution, a conduit entity,	69636
and an independent funding source that provides for:	69637

(1) The conveyance of auxiliary facilities owned by a state	69638
institution to the conduit entity for consideration deemed	69639
adequate by the state institution;	69640

(2) The lease of the conveyed property by the conduit entity	69641
to the independent funding source and leaseback of the conveyed	69642
property to the conduit entity for a term not to exceed	69643
ninety-nine years;	69644

(3) Such other terms and conditions that may be negotiated	69645
and agreed upon by the parties, including, but not limited to,	69646
terms regarding:	69647

(a) Payment to the state institution by the conduit entity of	69648
revenues received by it from the operations of the conveyed	69649
property in excess of the payments it is required to make to the	69650
independent funding source under the lease-leaseback arrangement	69651
described in division (C)(2) of this section;	69652

(b) Pledge, assignment, or creation of a lien in favor of the	69653
independent funding source by the conduit entity of any revenues	69654
derived from the conveyed property;	69655

(c) Reverter or conveyance of title to the conveyed property	69656
to the state institution when the conveyed property is no longer	69657
subject to a lease with the independent funding source.	69658

(4) Terms and conditions required by the chancellor or the	69659
controlling board as a condition of approval of the financing	69660
agreement.	69661

(D) The state institution and the conduit entity may enter	69662
into such other management agreements or other contracts regarding	69663
the conveyed property the parties deem appropriate, including	69664
agreements pursuant to which the state institution may maintain or	69665
administer the conveyed property and collect and disburse revenues	69666
from the conveyed property on behalf of the conduit entity.	69667

(E) The parties may modify or extend the term of the	69668
financing agreement with the approval of the chancellor and the	69669
controlling board.	69670

(F) The conveyed property shall retain its exemption from	69671
property taxes and assessments as though title to the conveyed	69672
property were held by the state institution during any part of a	69673
tax year that title is held by the state institution or the	69674
conduit entity and, if held by the conduit entity, remains subject	69675
to the lease-leaseback arrangement described in division (C)(2) of	69676
this section. However, as a condition of the continued exemption	69677
of the conveyed property during the term of the lease-leaseback	69678
arrangement the conduit entity shall apply for and maintain the	69679
exemption as provided by law.	69680

(G) Nothing in this section is intended to abrogate, amend,	69681
limit, or replace any existing authority state institutions may	69682
have with respect to the conveyance, lease, lease-leaseback,	69683
finance, or acquisition of auxiliary facilities including, but not	69684
limited to, authority granted under sections 3345.07, 3345.11, and	69685
3345.12 of the Revised Code.	69686

Sec. 3345.55. (A) For purposes of this section, "university"	69687
includes a state institution of higher education as defined in	69688
section 3345.011 of the Revised Code and a university housing	69689
commission created under section 3347.01 of the Revised Code.	69690

(B) Each university may enter into a lease agreement with a	69691
nonpublic vendor to provide housing services in campus housing	69692
facilities to students of the university. The lease agreement may	69693
require the vendor to construct new campus housing facilities to	69694
serve students. The vendor with whom the university enters into an	69695
agreement shall be responsible for the operation and maintenance	69696
of the housing facilities. The lease shall be for a term of at	69697
least twenty years but shall not exceed thirty years. The lease	69698
agreement shall specify that the vendor is required to lease	69699
housing units to students of the university. Any university	69700
housing policies shall extend to and be enforced by the vendors	69701
with whom the university contracts.	69702

(C) If the vendors with whom the university has entered into	69703
a lease agreement violate the terms of the lease, the university	69704
may revoke the lease and regain operational control over the	69705
dormitory.	69706

Sec. 3345.81. (A) The chancellor of the Ohio board of regents	69707
shall develop a plan for designating public institutions of higher	69708
education as charter universities. In developing the plan, the	69709
chancellor shall:	69710

(1) Study the administrative and financial relationships	69711
between the state and its public institutions of higher education	69712
to determine the extent to which public colleges and universities	69713
can manage their operations more effectively when accorded	69714
flexibility through selected delegation of authority;	69715

(2) Examine legal and other issues related to the feasibility	69716
and practicability of restructuring the administrative and	69717
financial relationships between the state and its public	69718
institutions of higher education;	69719

(3) Consult with the presidents of the institutions of higher	69720
education of the university system of Ohio.	69721

(B) The office of budget and management, the department of	69722
administrative services, and each state institution of higher	69723
education shall provide the chancellor, upon the chancellor's	69724
request, with research assistance, fiscal and policy analysis, and	69725
other services in conducting the study and developing the plan	69726
under this section. Each state agency shall provide the chancellor	69727
with any other assistance requested by the chancellor in	69728
conducting the study and developing the plan.	69729

69730

(1) The manner in which a state institution of higher	69731
education may become eligible for restructured financial and	69732
operational authority, and performance measures and criteria to	69733
determine eligibility. The performance measures and criteria shall	69734
address the institution's ability to manage successfully its	69735
administrative and financial operations without jeopardizing the	69736
financial integrity and stability of the institution.	69737

(2) Specific areas of financial and operational authority	69738
that are subject to increased flexibility;	69739

(3) The nature and term of the management agreement required	69740
between the state and an institution.	69741

(D) Not later than August 15, 2011, the chancellor shall	69742
submit to the general assembly and the governor a report of	69743
findings and recommendations for use in developing policy,	69744
statutory, and administrative rule changes necessary to implement	69745
the plan. No institution shall be designated a charter university	69746
until the general assembly, after considering the chancellor's	69747
plan, has enacted legislation establishing a procedure for making	69748
the designation. The chancellor shall not adopt, amend, or rescind	69749
any rules with respect to designating institutions as charter	69750
universities until that legislation is enacted. The general	69751
assembly intends that the general assembly, governor, and	69752
chancellor will take actions necessary for implementation of the	69753
plan for charter universities to commence July 1, 2012.	69754

Sec. 3349.29. An agreement made pursuant to sections 3349.27	69755
and 3349.28 of the Revised Code is not effective unless it has	69756
been approved by the legislative authority of the municipal	69757
corporation with which the municipal university is identified,	69758
upon such legislative authority's determination that such	69759
agreement will be beneficial to the municipal corporation, and	69760
also approved by the Ohio board of regents, and, if required by	69761
any applicable appropriation measure, by the state controlling	69762
board, and any payment from state tax moneys provided for in the	69763
agreement will be subject to appropriations made by the general	69764
assembly. If provision is to be made under such agreement for the	69765
transfer of, or grant of the right to use, all or a substantial	69766
part of the assets of the municipal university to the state	69767
university and assumption by the state university of educational	69768
functions of the municipal university, such agreement shall not	69769
become effective, under sections 3349.27 to 3349.30 of the Revised	69770
Code until the electors of the municipal corporation have approved	69771
such transfer or grant.	69772

The legislative authority of the municipal corporation shall,	69773
by ordinance, submit the question to the electors at a general,	69774
primary, or a special election to be held on the date specified in	69775
the ordinance. The ordinance shall be certified to the board of	69776
elections not later than the forty-fifth day preceding the date of	69777
the election. Notice of the election shall be published in one or	69778
~~more newspapers~~newspaper of general circulation in the municipal	69779
corporation once a week for two consecutive weeks or as provided	69780
in section 7.16 of the Revised Code, prior to the election ~~and,~~	69781
if. If the board of elections operates and maintains a web site,	69782
notice of the election also shall be posted on that web site for	69783
thirty days prior to the election. The form of the ballot to be	69784
used at the election shall be substantially as follows, with such	69785
variations as may be appropriate to reflect the general nature of	69786
the transfer or grant of use of assets and the transfer of	69787
educational functions contemplated:	69788

"Shall assets of the municipal university known as	69789
.......................... be transferred to (make available for	69790
use by) a state university known as ...........................	69791
and the state university assume educational functions of the	69792
municipal university and provide higher education in (or in close	69793
proximity to) the city of .......................... to the	69794
residents of the city of ........................ and of the state	69795
of Ohio and such others as shall be admitted?"	69796

The favorable vote of a majority of those voting on the	69797
proposition constitutes such approval as is required by this	69798
section.	69799

Sec. 3353.04. (A) The eTech Ohio commission may perform any	69800
act necessary to carry out the functions of this chapter,	69801
including any of the following:	69802

(1) Make grants to institutions and other organizations as	69803
prescribed by the general assembly for the provision of technical	69804
assistance, professional development, and other support services	69805
to enable school districts, community schools established under	69806
Chapter 3314. of the Revised Code, other educational institutions,	69807
and affiliates to utilize educational technology;	69808

(2) Establish a reporting system for school districts,	69809
community schools, other educational institutions, affiliates, and	69810
educational technology organizations that receive financial	69811
assistance from the commission. The system may require the	69812
reporting of information regarding the manner in which the	69813
assistance was expended, the manner in which the equipment or	69814
services purchased with the assistance is being utilized, the	69815
results or outcome of the utilization, the manner in which the	69816
utilization is compatible with the statewide academic standards	69817
adopted by the state board of education pursuant to section	69818
3301.079 of the Revised Code, and any other information determined	69819
by the commission.	69820

(3) Ensure that, where appropriate, products produced by any	69821
entity to which the commission provides financial assistance for	69822
use in elementary and secondary education are aligned with the	69823
statewide academic standards adopted by the state board pursuant	69824
to section 3301.079 of the Revised Code;	69825

(4) Promote accessibility to educational products aligned	69826
with the statewide academic standards, adopted by the state board	69827
pursuant to section 3301.079 of the Revised Code, for school	69828
districts, community schools, and other entities serving grades	69829
kindergarten through twelve;	69830

(5) Own or operate transmission facilities and	69831
interconnection facilities, or contract for transmission	69832
facilities and interconnection facilities, for an educational	69833
television, radio, or radio reading service network;	69834

(6) Establish standards for interconnection facilities used	69835
by the commission in the transmission of educational television,	69836
radio, or radio reading service programming;	69837

(7) Enter into agreements with noncommercial educational	69838
television or radio broadcasting stations or radio reading	69839
services for the operation of the interconnection;	69840

(8) Enter into agreements with noncommercial educational	69841
television or radio broadcasting stations or radio reading	69842
services for the production and use of educational television,	69843
radio, or radio reading service programs to be transmitted by the	69844
educational telecommunications network;	69845

(9) Execute contracts and other agreements necessary and	69846
desirable to carry out the purposes of this chapter and other	69847
duties prescribed to the commission by law or authorize the	69848
executive director of the commission to execute such contracts and	69849
agreements on the commission's behalf;	69850

(10) Act as consultant with educational television and	69851
educational radio stations and radio reading services toward	69852
coordination within the state of the distribution of federal funds	69853
that may become available for equipment for educational	69854
broadcasting or radio reading services;	69855

(11) Make payments to noncommercial Ohio educational	69856
television or radio broadcasting stations or radio reading	69857
services to sustain the operation of such stations or services;	69858

(12) In consultation with participants in programs	69859
administered by the commission, establish guidelines governing	69860
purchasing and procurement that facilitate the timely and	69861
effective implementation of such programs;	69862

(13) In consultation with participants in programs	69863
administered by the commission, consider the efficiency and cost	69864
savings of statewide procurement prior to allocating and releasing	69865
funds for such programs;	69866

(14) In consultation with participants in programs	69867
administered by the commission, establish a systems support	69868
network to facilitate the timely implementation of the programs	69869
and other projects and activities for which the commission	69870
provides assistance.	69871

(B) Chapters 123., 124., 125., and 153. of the Revised Code	69872
and sections 9.331~~, 9.332, and 9.333~~to 9.335 of the Revised Code	69873
do not apply to contracts, programs, projects, or activities of	69874
the commission.	69875

Sec. 3353.15. There is hereby created in the state treasury	69876
the information technology service fund. The fund shall consist of	69877
money received by the eTech Ohio commission pursuant to agreements	69878
with educational entities for the provision of information	69879
technology services to support initiatives to align education from	69880
preschool through college, and any other money deposited into the	69881
fund by the commission. Money in the fund shall be used to provide	69882
the services specified in the agreements, including implementation	69883
and maintenance of an electronic clearinghouse for student	69884
transcript transfers and development of the education data	69885
repository described in section 3301.94 of the Revised Code.	69886
Investment earnings of the fund shall be credited to the fund.	69887

Sec. 3354.12. (A) Upon the request by resolution approved by	69888
the board of trustees of a community college district, and upon	69889
certification to the board of elections not less than ninety days	69890
prior to the election, the boards of elections of the county or	69891
counties comprising such district shall place upon the ballot in	69892
their respective counties the question of levying a tax on all the	69893
taxable property in the community college district outside the	69894
ten-mill limitation, for a specified period of years or for a	69895
continuing period of time, to provide funds for any one or more of	69896
the following purposes: the acquisition of sites, the erection,	69897
furnishing, and equipment of buildings, the acquisition,	69898
construction, or improvement of any property which the board of	69899
trustees of a community college district is authorized to acquire,	69900
construct, or improve and which has an estimated life of	69901
usefulness of five years or more as certified by the fiscal	69902
officer, and the payment of operating costs. Not more than two	69903
special elections shall be held in any one calendar year. Levies	69904
for a continuing period of time adopted under this section may be	69905
reduced in accordance with section 5705.261 of the Revised Code.	69906

If such proposal is to be or include the renewal of an	69907
existing levy at the expiration thereof, the ballot for such	69908
election shall state whether it is a renewal of a tax; a renewal	69909
of a stated number of mills and an increase of a stated number of	69910
mills, or a renewal of a part of an existing levy with a reduction	69911
of a stated number of mills; the year of the tax duplicate on	69912
which such renewal will first be made; and if earlier, the year of	69913
the tax duplicate on which such additional levy will first be	69914
made, which may include the tax duplicate for the current year	69915
unless the election is to be held after the first Tuesday after	69916
the first Monday in November of the current tax year. The ballot	69917
shall also state the period of years for such levy or that it is	69918
for a continuing period of time. If a levy for a continuing period	69919
of time provides for but is not limited to current expenses, the	69920
resolution of the board of trustees providing for the election on	69921
such levy shall apportion the annual rate of the levy between	69922
current expenses and the other purpose or purposes. Such	69923
apportionment need not be the same for each year of the levy, but	69924
the respective portions of the rate actually levied each year for	69925
current expenses and the other purpose or purposes shall be	69926
limited by such apportionment. The portion of the rate apportioned	69927
to the other purpose or purposes shall be reduced as provided in	69928
division (B) of this section.	69929

If a majority of the electors in such district voting on such	69930
question approve thereof, the county auditor or auditors of the	69931
county or counties comprising such district shall annually, for	69932
the applicable years, place such levy on the tax duplicate in such	69933
district, in an amount determined by the board of trustees, but	69934
not to exceed the amount set forth in the proposition approved by	69935
the electors.	69936

The boards of trustees of a community college district shall	69937
establish a special fund for all revenue derived from any tax	69938
levied pursuant to this section.	69939

The boards of elections of the county or counties comprising	69940
the district shall cause to be published in a newspaper of general	69941
circulation in each such county an advertisement of the proposed	69942
tax levy question once a week for two consecutive weeks, or as	69943
provided in section 7.16 of the Revised Code, prior to the	69944
election at which the question is to appear on the ballot~~, and,~~	69945
if. If a board of elections operates and maintains a web site,	69946
that board also shall post ~~a similar~~the advertisement on its web	69947
site for thirty days prior to that election.	69948

After the approval of such levy by vote, the board of	69949
trustees of a community college district may anticipate a fraction	69950
of the proceeds of such levy and from time to time issue	69951
anticipation notes having such maturity or maturities that the	69952
aggregate principal amount of all such notes maturing in any	69953
calendar year shall not exceed seventy-five per cent of the	69954
anticipated proceeds from such levy for such year, and that no	69955
note shall mature later than the thirty-first day of December of	69956
the tenth calendar year following the calendar year in which such	69957
note is issued. Each issue of notes shall be sold as provided in	69958
Chapter 133. of the Revised Code.	69959

The amount of bonds or anticipatory notes authorized pursuant	69960
to Chapter 3354. of the Revised Code, may include sums to repay	69961
moneys previously borrowed, advanced, or granted and expended for	69962
the purposes of such bond or anticipatory note issues, whether	69963
such moneys were advanced from the available funds of the	69964
community college district or by other persons, and the community	69965
college district may restore and repay to such funds or persons	69966
from the proceeds of such issues the moneys so borrowed, advanced	69967
or granted.	69968

All operating costs of such community college may be paid out	69969
of any gift or grant from the state, pursuant to division (K) of	69970
section 3354.09 of the Revised Code; out of student fees and	69971
tuition collected pursuant to division (G) of section 3354.09 of	69972
the Revised Code; or out of unencumbered funds from any other	69973
source of the community college income not prohibited by law.	69974

(B) Prior to the application of section 319.301 of the	69975
Revised Code, the rate of a levy that is limited to, or to the	69976
extent that it is apportioned to, purposes other than current	69977
expenses shall be reduced in the same proportion in which the	69978
district's total valuation increases during the life of the levy	69979
because of additions to such valuation that have resulted from	69980
improvements added to the tax list and duplicate.	69981

Sec. 3354.16. (A) When the board of trustees of a community	69982
college district has by resolution determined to let by contract	69983
the work of improvements pursuant to the official plan of such	69984
district, contracts in amounts exceeding a dollar amount set by	69985
the board, which dollar amount shall not exceed ~~fifty~~two hundred	69986
thousand dollars, shall be advertised after notices calling for	69987
bids have been published once a week for three consecutive weeks	69988
or as provided in section 7.16 of the Revised Code, in ~~at least~~	69989
~~one~~a newspaper of general circulation within the community	69990
college district wherein the work is to be done. Subject to	69991
section 3354.10 of the Revised Code, the board of trustees of the	69992
district may let such contract to the lowest responsive and	69993
responsible bidder, in accordance with section 9.312 of the	69994
Revised Code, who meets the requirements of section 153.54 of the	69995
Revised Code. Such contract shall be in writing and shall be	69996
accompanied by or shall refer to plans and specifications for the	69997
work to be done. Such contract shall be approved by the board of	69998
trustees and signed by the president of the board and by the	69999
contractor.	70000

(B) On the first day of January of every even-numbered year,	70001
the chancellor of the board of regents shall adjust the ~~fifty~~two	70002
hundred thousand dollar contract limit set forth in division (A)	70003
of this section, as adjusted in any previous year pursuant to this	70004
division. The chancellor shall adjust the limit according to the	70005
average increase or decrease for each of the two years immediately	70006
preceding the adjustment as set forth in the United States	70007
department of commerce, bureau of economic analysis implicit price	70008
deflator for gross domestic product, nonresidential structures, or	70009
an alternative if the federal government ceases to publish this	70010
metric, provided that no increase or decrease for any year shall	70011
exceed three per cent of the contract limit in existence at the	70012
time of the adjustment. Notwithstanding division (A) of this	70013
section, the limit adjusted under this division shall be used	70014
thereafter in lieu of the limit in division (A) of this section.	70015

(C) Before entering into an improvement pursuant to division	70016
(A) of this section, the board of trustees of a community college	70017
district shall require separate and distinct proposals to be made	70018
for furnishing materials or doing work on the improvement, or	70019
both, in the board's discretion, for each separate and distinct	70020
branch or class of work entering into the improvement. The board	70021
of trustees also may require a single, combined proposal for the	70022
entire project for materials or doing work, or both, in the	70023
board's discretion, that includes each separate and distinct	70024
branch or class of work entering into the improvement. The board	70025
of trustees need not solicit separate proposals for a branch or	70026
class of work for an improvement if the estimate cost for that	70027
branch or class of work is less than ~~five~~twenty thousand	70028
dollars.	70029

(D) When more than one branch or class of work is required,	70030
no contract for the entire job, or for a greater portion thereof	70031
than is embraced in one such branch or class of work shall be	70032
awarded, unless the separate bids do not cover all the work and	70033
materials required or the bids for the whole or for two or more	70034
kinds of work or materials are lower than the separate bids in the	70035
aggregate. The board of trustees need not award separate contracts	70036
for a branch or class of work entering into an improvement if the	70037
estimated cost for that branch or class of work is less than ~~five~~	70038
twenty thousand dollars.	70039

Sec. 3355.09. Upon receipt of a request from the university	70040
branch district managing authority, the boards of elections of the	70041
county or counties comprising such district shall place upon the	70042
ballot in the district at the next primary or general election	70043
occurring not less than ninety days after submission of such	70044
request by such managing authority, the question of levying a tax	70045
outside the ten-mill limitation, for a specified period of years,	70046
to provide funds for any of the following purposes:	70047

(A) Purchasing a site or enlargement thereof;

70048

(B) The erection and equipment of buildings;

70049

70050

(D) The acquisition, construction, or improvement of any	70051
property which the university branch district managing authority	70052
is authorized to acquire, construct, or improve and which has been	70053
certified by the fiscal officer to have an estimated useful life	70054
of five or more years.	70055

If a majority of the electors in such district voting on such	70056
question approve, the county auditor of the county or counties	70057
comprising such district shall annually place such levy on the tax	70058
duplicate in such district, in the amount set forth in the	70059
proposition approved by the electors.	70060

The managing authority of the university branch district	70061
shall establish a special fund pursuant to section 3355.07 of the	70062
Revised Code for all revenue derived from any tax levied pursuant	70063
to provisions of this section.	70064

The boards of election of the county or counties comprising	70065
the district shall cause to be published in a newspaper of general	70066
circulation in each such county an advertisement of the proposed	70067
tax levy question once a week for two consecutive weeks, or as	70068
provided in section 7.16 of the Revised Code, prior to the	70069
election at which the question is to appear on the ballot~~, and,~~	70070
if. If a board of elections operates and maintains a web site,	70071
that board also shall post ~~a similar~~the advertisement on its web	70072
site for thirty days prior to the election.	70073

After the approval of such levy by vote, the managing	70074
authority of the university branch district may anticipate a	70075
fraction of the proceeds of such levy and from time to time,	70076
during the life of such levy, issue anticipation notes in an	70077
amount not to exceed seventy-five per cent of the estimated	70078
proceeds of such levy to be collected in each year over a period	70079
of five years after the date of the issuance of such notes, less	70080
an amount equal to the proceeds of such levy previously obligated	70081
for such year by the issuance of anticipation notes, provided,	70082
that the total amount maturing in any one year shall not exceed	70083
seventy-five per cent of the anticipated proceeds of such levy for	70084
that year.	70085

Each issue of notes shall be sold as provided in Chapter 133.	70086
of the Revised Code and shall mature serially in substantially	70087
equal amounts, during each remaining year of the levy, not to	70088
exceed five, after their issuance.	70089

Sec. 3357.16. (A) When the board of trustees of a technical	70090
college district has by resolution determined to let by contract	70091
the work of improvements pursuant to the official plan of such	70092
district, contracts in amounts exceeding a dollar amount set by	70093
the board, which dollar amount shall not exceed ~~fifty~~two hundred	70094
thousand dollars, shall be advertised after notice calling for	70095
bids has been published once a week for three consecutive weeks or	70096
as provided in section 7.16 of the Revised Code, in ~~at least one~~a	70097
newspaper of general circulation within the technical college	70098
district where the work is to be done. The board of trustees of	70099
the technical college district may let such contract to the lowest	70100
responsive and responsible bidder, in accordance with section	70101
9.312 of the Revised Code, who meets the requirements of section	70102
153.54 of the Revised Code. Such contract shall be in writing and	70103
shall be accompanied by or shall refer to plans and specifications	70104
for the work to be done. Such contract shall be approved by the	70105
board of trustees and signed by the president of the board and by	70106
the contractor.	70107

(B) On the first day of January of every even-numbered year,	70108
the chancellor of the board of regents shall adjust the ~~fifty~~two	70109
hundred thousand dollar contract limit set forth in division (A)	70110
of this section, as adjusted in any previous year pursuant to this	70111
division. The chancellor shall adjust the limit according to the	70112
average increase or decrease for each of the two years immediately	70113
preceding the adjustment as set forth in the United States	70114
department of commerce, bureau of economic analysis implicit price	70115
deflator for gross domestic product, nonresidential structures, or	70116
an alternative if the federal government ceases to publish this	70117
metric, provided that no increase or decrease for any year shall	70118
exceed three per cent of the contract limit in existence at the	70119
time of the adjustment. Notwithstanding division (A) of this	70120
section, the limit adjusted under this division shall be used	70121
thereafter in lieu of the limit in division (A) of this section.	70122

(C) Before entering into an improvement pursuant to division	70123
(A) of this section, the board of trustees of a technical college	70124
district shall require separate and distinct proposals to be made	70125
for furnishing materials or doing work on the improvement, or	70126
both, in the board's discretion, for each separate and distinct	70127
branch or class of work entering into the improvement. The board	70128
of trustees also may require a single, combined proposal for the	70129
entire project for materials or doing work, or both, in the	70130
board's discretion, that includes each separate and distinct	70131
branch or class of work entering into the improvement. The board	70132
of trustees need not solicit separate proposals for a branch or	70133
class of work for an improvement if the estimate cost for that	70134
branch or class of work is less than ~~five~~twenty thousand	70135
dollars.	70136

(D) When more than one branch or class of work is required,	70137
no contract for the entire job, or for a greater portion thereof	70138
than is embraced in one such branch or class of work shall be	70139
awarded, unless the separate bids do not cover all the work and	70140
materials required or the bids for the whole or for two or more	70141
kinds of work or materials are lower than the separate bids in the	70142
aggregate. The board of trustees need not award separate contracts	70143
for a branch or class of work entering into an improvement if the	70144
estimated cost for that branch or class of work is less than ~~five~~	70145
twenty thousand dollars.	70146

Sec. 3365.01. As used in this chapter:

70147

(A) "College" means any state-assisted college or university	70148
described in section 3333.041 of the Revised Code, any nonprofit	70149
institution holding a certificate of authorization pursuant to	70150
Chapter 1713. of the Revised Code, any private institution exempt	70151
from regulation under Chapter 3332. of the Revised Code as	70152
prescribed in section 3333.046 of the Revised Code, and any	70153
institution holding a certificate of registration from the state	70154
board of career colleges and schools and program authorization for	70155
an associate or bachelor's degree program issued under section	70156
3332.05 of the Revised Code.	70157

(B) "School district," except as specified in division (G) of	70158
this section, means any school district to which a student is	70159
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	70160
the Revised Code and does not include a joint vocational or	70161
cooperative education school district.	70162

(C) "Parent" has the same meaning as in section 3313.64 of	70163
the Revised Code.	70164

(D) "Participant" means a student enrolled in a college under	70165
the post-secondary enrollment options program established by this	70166
chapter.	70167

(E) "Secondary grade" means the ninth through twelfth grades.

70168

(F) "School foundation payments" means the amount required to	70169
be paid to a school district for a fiscal year under ~~Chapters~~	70170
~~3306. and~~Chapter 3317. of the Revised Code.	70171

(G) "Tuition base" means, with respect to a participant's	70172
school district, the sum of the formula amount plus the per pupil	70173
amount of the base funding supplements specified in divisions	70174
(C)(1) to (4) of section 3317.012 of the Revised Code for fiscal	70175
year 2009.	70176

The participant's "school district" in the case of a	70177
participant enrolled in a community school shall be the school	70178
district in which the student is entitled to attend school under	70179
section 3313.64 or 3313.65 of the Revised Code.	70180

(H) "Educational program" means enrollment in one or more	70181
school districts, in a nonpublic school, or in a college under	70182
division (B) of section 3365.04 of the Revised Code.	70183

(I) "Nonpublic school" means a chartered or nonchartered	70184
school for which minimum standards are prescribed by the state	70185
board of education pursuant to division (D) of section 3301.07 of	70186
the Revised Code.	70187

(J) "School year" means the year beginning on the first day	70188
of July and ending on the thirtieth day of June.	70189

(K) "Community school" means any school established pursuant	70190
to Chapter 3314. of the Revised Code that includes secondary	70191
grades.	70192

(L) "STEM school" means a science, technology, engineering,	70193
and mathematics school established under Chapter 3326. of the	70194
Revised Code.	70195

Sec. 3365.08. (A) A college that expects to receive or	70196
receives reimbursement under section 3365.07 of the Revised Code	70197
or through alternative funding agreements entered into under rules	70198
adopted under section 3365.12 of the Revised Code shall furnish to	70199
a participant all textbooks and materials directly related to a	70200
course taken by the participant under division (B) of section	70201
3365.04 of the Revised Code. No college shall charge such	70202
participant for tuition, textbooks, materials, or other fees	70203
directly related to any such course.	70204

(B) No student enrolled under this chapter in a course for	70205
which credit toward high school graduation is awarded shall	70206
receive direct financial aid through any state or federal program.	70207

(C) If a school district provides transportation for resident	70208
school students in grades eleven and twelve under section 3327.01	70209
of the Revised Code, a parent of a pupil enrolled in a course	70210
under division (A)(2) or (B) of section 3365.04 of the Revised	70211
Code may apply to the board of education for full or partial	70212
reimbursement for the necessary costs of transporting the student	70213
between the secondary school the student attends and the college	70214
in which the student is enrolled. Reimbursement may be paid solely	70215
from funds received by the district for pupil transportation under	70216
section ~~3306.12~~3317.0212 of the Revised Code or other provisions	70217
of law. The state board of education shall establish guidelines,	70218
based on financial need, under which a district may provide such	70219
reimbursement.	70220

(D) If a community school provides or arranges transportation	70221
for its pupils in grades nine through twelve under section	70222
3314.091 of the Revised Code, a parent of a pupil of the community	70223
school who is enrolled in a course under division (A)(2) or (B) of	70224
section 3365.04 of the Revised Code may apply to the governing	70225
authority of the community school for full or partial	70226
reimbursement of the necessary costs of transporting the student	70227
between the community school and the college. The governing	70228
authority may pay the reimbursement in accordance with the state	70229
board's rules adopted under division (C) of this section solely	70230
from funds paid to it under section 3314.091 of the Revised Code.	70231

Sec. 3375.41. When a board of library trustees appointed	70232
pursuant to section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,	70233
or 3375.30 of the Revised Code determines to construct, demolish,	70234
alter, repair, or reconstruct a library or make any improvements	70235
or repairs, the cost of which will exceed twenty-five thousand	70236
dollars, except in cases of urgent necessity or for the security	70237
and protection of library property, it shall proceed as follows:	70238

(A) The board shall advertise for a period of two weeks for	70239
sealed bids in ~~some~~a newspaper of general circulation in the	70240
district~~, and, if there are two such newspapers, the board shall~~	70241
~~advertise in both of them~~or as provided in section 7.16 of the	70242
Revised Code. If no newspaper has a general circulation in the	70243
district, the board shall post the advertisement in three public	70244
places in the district. The advertisement shall be entered in full	70245
by the fiscal officer on the record of proceedings of the board.	70246

(B) The sealed bids shall be filed with the fiscal officer by	70247
twelve noon of the last day stated in the advertisement.	70248

(C) The sealed bids shall be opened at the next meeting of	70249
the board, shall be publicly read by the fiscal officer, and shall	70250
be entered in full on the records of the board; provided that the	70251
board, by resolution, may provide for the public opening and	70252
reading of the bids by the fiscal officer, immediately after the	70253
time for their filing has expired, at the usual place of meeting	70254
of the board, and for the tabulation of the bids and a report of	70255
the tabulation to the board at its next meeting.	70256

(D) Each sealed bid shall contain the name of every person	70257
interested in it and shall meet the requirements of section 153.54	70258
of the Revised Code.	70259

(E) When both labor and materials are embraced in the work	70260
bid for, the board may require that each be separately stated in	70261
the sealed bid, with their price, or may require that bids be	70262
submitted without the separation.	70263

(F) None but the lowest responsible bid shall be accepted.	70264
The board may reject all the bids or accept any bid for both labor	70265
and material for the improvement or repair which is the lowest in	70266
the aggregate.	70267

(G) The contract shall be between the board and the bidders.	70268
The board shall pay the contract price for the work in cash at the	70269
times and in the amounts as provided by sections 153.12, 153.13,	70270
and 153.14 of the Revised Code.	70271

(H) When two or more bids are equal, in whole or in part, and	70272
are lower than any others, either may be accepted, but in no case	70273
shall the work be divided between these bidders.	70274

(I) When there is reason to believe there is collusion or	70275
combination among the bidders, the bids of those concerned in the	70276
collusion or combination shall be rejected.	70277

Sec. 3381.11. The board of trustees of a regional arts and	70278
cultural district or any officer or employee designated by such	70279
board may make any contract for the purchase of supplies or	70280
material or for labor for any work, under the supervision of the	70281
board, the cost of which shall not exceed ten thousand dollars.	70282
When an expenditure, other than for the acquisition of real	70283
estate, the discharge of noncontractual claims, personal services,	70284
or for the product or services of public utilities, exceeds ten	70285
thousand dollars, such expenditure shall be made only after a	70286
notice calling for bids has been published once a week for two	70287
consecutive weeks in ~~at least~~ one newspaper of general circulation	70288
within the territory of the district or as provided in section	70289
7.16 of the Revised Code. The board may then let said contract to	70290
the lowest and best bidder, who shall give a good and approved	70291
bond with ample security conditioned on the carrying out of the	70292
contract. Such contract shall be in writing and shall be	70293
accompanied by or shall refer to plans and specifications for the	70294
work to be done, approved by the board. The plans and	70295
specifications shall at all times be made and considered part of	70296
the contract. The contract shall be approved by the board and	70297
signed on behalf of the district and by the contractor. No sale of	70298
any real or personal property or a lease thereof having a term	70299
thereof in excess of five years shall be made except with the	70300
highest and best bidder after publication of notice for bids in	70301
the manner above provided.	70302

Competitive bidding under this section is not required when:

70303

(A) The board, by a two-thirds affirmative vote of its	70304
members, determines that a real and present emergency exists and	70305
such determination and the reasons therefor are entered in the	70306
proceedings of the board, when:	70307

(1) The estimated cost is less than fifteen thousand dollars;	70308
or	70309

(2) There is actual physical damage to structures or	70310
equipment.	70311

(B) Such purchase consists of supplies or a replacement or	70312
supplemental part or parts for a product or equipment owned or	70313
leased by the district and the only source of supply for such	70314
supplies, part, or parts is limited to a single supplier;	70315

(C) The lease is a renewal of a lease for electronic data	70316
processing equipment, services, or systems;	70317

(D) Services or supplies are available from a qualified	70318
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	70319
Revised Code;	70320

(E) With respect to any contract, agreement, or lease by a	70321
district with any arts or cultural organization or any	70322
governmental body or agency.	70323

Sec. 3501.03. At least ten days before the time for holding	70324
an election the board of elections shall give public notice by a	70325
proclamation, posted in a conspicuous place in the courthouse and	70326
city hall, or by one insertion in a newspaper ~~published~~of general	70327
circulation in the county~~, but if no newspaper is published in~~	70328
~~such county, then in a newspaper of general circulation therein~~.	70329

The board shall have authority to publicize information	70330
relative to registration or elections.	70331

Sec. 3501.17. (A) The expenses of the board of elections	70332
shall be paid from the county treasury, in pursuance of	70333
appropriations by the board of county commissioners, in the same	70334
manner as other county expenses are paid. If the board of county	70335
commissioners fails to appropriate an amount sufficient to provide	70336
for the necessary and proper expenses of the board of elections	70337
pertaining to the conduct of elections, the board of elections may	70338
apply to the court of common pleas within the county, which shall	70339
fix the amount necessary to be appropriated and the amount shall	70340
be appropriated. Payments shall be made upon vouchers of the board	70341
of elections certified to by its chairperson or acting chairperson	70342
and the director or deputy director, upon warrants of the county	70343
auditor.	70344

The board of elections shall not incur any obligation	70345
involving the expenditure of money unless there are moneys	70346
sufficient in the funds appropriated therefor to meet the	70347
obligation. If the board of elections requests a transfer of funds	70348
from one of its appropriation items to another, the board of	70349
county commissioners shall adopt a resolution providing for the	70350
transfer except as otherwise provided in section 5705.40 of the	70351
Revised Code. The expenses of the board of elections shall be	70352
apportioned among the county and the various subdivisions as	70353
provided in this section, and the amount chargeable to each	70354
subdivision shall be withheld by the county auditor from the	70355
moneys payable thereto at the time of the next tax settlement. At	70356
the time of submitting budget estimates in each year, the board of	70357
elections shall submit to the taxing authority of each	70358
subdivision, upon the request of the subdivision, an estimate of	70359
the amount to be withheld from the subdivision during the next	70360
fiscal year.	70361

A board of township trustees may, by resolution, request that	70362
the county auditor withhold expenses charged to the township from	70363
a specified township fund that is to be credited with revenue at a	70364
tax settlement. The resolution shall specify the tax levy ballot	70365
issue, the date of the election on the levy issue, and the	70366
township fund from which the expenses the board of elections	70367
incurs related to that ballot issue shall be withheld.	70368

(B) Except as otherwise provided in division (F) of this	70369
section, the compensation of the members of the board of elections	70370
and of the director, deputy director, and regular employees in the	70371
board's offices, other than compensation for overtime worked; the	70372
expenditures for the rental, furnishing, and equipping of the	70373
office of the board and for the necessary office supplies for the	70374
use of the board; the expenditures for the acquisition, repair,	70375
care, and custody of the polling places, booths, guardrails, and	70376
other equipment for polling places; the cost of tally sheets,	70377
maps, flags, ballot boxes, and all other permanent records and	70378
equipment; the cost of all elections held in and for the state and	70379
county; and all other expenses of the board which are not	70380
chargeable to a political subdivision in accordance with this	70381
section shall be paid in the same manner as other county expenses	70382
are paid.	70383

(C) The compensation of judges of elections and intermittent	70384
employees in the board's offices; the cost of renting, moving,	70385
heating, and lighting polling places and of placing and removing	70386
ballot boxes and other fixtures and equipment thereof, including	70387
voting machines, marking devices, and automatic tabulating	70388
equipment; the cost of printing and delivering ballots, cards of	70389
instructions, registration lists required under section 3503.23 of	70390
the Revised Code, and other election supplies, including the	70391
supplies required to comply with division (H) of section 3506.01	70392
of the Revised Code; the cost of contractors engaged by the board	70393
to prepare, program, test, and operate voting machines, marking	70394
devices, and automatic tabulating equipment; and all other	70395
expenses of conducting primaries and elections in the odd-numbered	70396
years shall be charged to the subdivisions in and for which such	70397
primaries or elections are held. The charge for each primary or	70398
general election in odd-numbered years for each subdivision shall	70399
be determined in the following manner: first, the total cost of	70400
all chargeable items used in conducting such elections shall be	70401
ascertained; second, the total charge shall be divided by the	70402
number of precincts participating in such election, in order to	70403
fix the cost per precinct; third, the cost per precinct shall be	70404
prorated by the board of elections to the subdivisions conducting	70405
elections for the nomination or election of offices in such	70406
precinct; fourth, the total cost for each subdivision shall be	70407
determined by adding the charges prorated to it in each precinct	70408
within the subdivision.	70409

(D) The entire cost of special elections held on a day other	70410
than the day of a primary or general election, both in	70411
odd-numbered or in even-numbered years, shall be charged to the	70412
subdivision. Where a special election is held on the same day as a	70413
primary or general election in an even-numbered year, the	70414
subdivision submitting the special election shall be charged only	70415
for the cost of ballots and advertising. Where a special election	70416
is held on the same day as a primary or general election in an	70417
odd-numbered year, the subdivision submitting the special election	70418
shall be charged for the cost of ballots and advertising for such	70419
special election, in addition to the charges prorated to such	70420
subdivision for the election or nomination of candidates in each	70421
precinct within the subdivision, as set forth in the preceding	70422
paragraph.	70423

(E) Where a special election is held on the day specified by	70424
division (E) of section 3501.01 of the Revised Code for the	70425
holding of a primary election, for the purpose of submitting to	70426
the voters of the state constitutional amendments proposed by the	70427
general assembly, and a subdivision conducts a special election on	70428
the same day, the entire cost of the special election shall be	70429
divided proportionally between the state and the subdivision based	70430
upon a ratio determined by the number of issues placed on the	70431
ballot by each, except as otherwise provided in division (G) of	70432
this section. Such proportional division of cost shall be made	70433
only to the extent funds are available for such purpose from	70434
amounts appropriated by the general assembly to the secretary of	70435
state. If a primary election is also being conducted in the	70436
subdivision, the costs shall be apportioned as otherwise provided	70437
in this section.	70438

(F) When a precinct is open during a general, primary, or	70439
special election solely for the purpose of submitting to the	70440
voters a statewide ballot issue, the state shall bear the entire	70441
cost of the election in that precinct and shall reimburse the	70442
county for all expenses incurred in opening the precinct.	70443

(G)(1) The state shall bear the entire cost of advertising in	70444
newspapers statewide ballot issues, explanations of those issues,	70445
and arguments for or against those issues, as required by Section	70446
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	70447
and any other section of law. Appropriations made to the	70448
controlling board shall be used to reimburse the secretary of	70449
state for all expenses the secretary of state incurs for such	70450
advertising under division (G) of section 3505.062 of the Revised	70451
Code.	70452

(2) There is hereby created in the state treasury the	70453
statewide ballot advertising fund. The fund shall receive	70454
transfers approved by the controlling board, and shall be used by	70455
the secretary of state to pay the costs of advertising state	70456
ballot issues as required under division (G)(1) of this section.	70457
Any such transfers may be requested from and approved by the	70458
controlling board prior to placing the advertising, in order to	70459
facilitate timely provision of the required advertising.	70460

(H) The cost of renting, heating, and lighting registration	70461
places; the cost of the necessary books, forms, and supplies for	70462
the conduct of registration; and the cost of printing and posting	70463
precinct registration lists shall be charged to the subdivision in	70464
which such registration is held.	70465

(I) At the request of a majority of the members of the board	70466
of elections, the board of county commissioners may, by	70467
resolution, establish an elections revenue fund. Except as	70468
otherwise provided in this division, the purpose of the fund shall	70469
be to accumulate revenue withheld by or paid to the county under	70470
this section for the payment of any expense related to the duties	70471
of the board of elections specified in section 3501.11 of the	70472
Revised Code, upon approval of a majority of the members of the	70473
board of elections. The fund shall not accumulate any revenue	70474
withheld by or paid to the county under this section for the	70475
compensation of the members of the board of elections or of the	70476
director, deputy director, or other regular employees in the	70477
board's offices, other than compensation for overtime worked.	70478

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	70479
Revised Code, the board of county commissioners may, by	70480
resolution, transfer money to the elections revenue fund from any	70481
other fund of the political subdivision from which such payments	70482
lawfully may be made. Following an affirmative vote of a majority	70483
of the members of the board of elections, the board of county	70484
commissioners may, by resolution, rescind an elections revenue	70485
fund established under this division. If an elections revenue fund	70486
is rescinded, money that has accumulated in the fund shall be	70487
transferred to the county general fund.	70488

(J) As used in this section:

70489

(1) "Political subdivision" and "subdivision" mean any board	70490
of county commissioners, board of township trustees, legislative	70491
authority of a municipal corporation, board of education, or any	70492
other board, commission, district, or authority that is empowered	70493
to levy taxes or permitted to receive the proceeds of a tax levy,	70494
regardless of whether the entity receives tax settlement moneys as	70495
described in division (A) of this section;	70496

(2) "Statewide ballot issue" means any ballot issue, whether	70497
proposed by the general assembly or by initiative or referendum,	70498
that is submitted to the voters throughout the state.	70499

Sec. 3505.13. A contract for the printing of ballots	70500
involving a cost in excess of ten thousand dollars shall not be	70501
let until after five days' notice published once in a ~~leading~~	70502
newspaper ~~published~~of general circulation in the county or upon	70503
notice given by mail by the board of elections, addressed to the	70504
responsible printing offices within the state. Except as otherwise	70505
provided in this section, each bid for such printing must be	70506
accompanied by a bond with at least two sureties, or a surety	70507
company, satisfactory to the board, in a sum double the amount of	70508
the bid, conditioned upon the faithful performance of the contract	70509
for such printing as is awarded and for the payment as damages by	70510
such bidder to the board of any excess of cost over the bid which	70511
it may be obliged to pay for such work by reason of the failure of	70512
the bidder to complete the contract. No bid unaccompanied by such	70513
bond shall be considered by the board. The board may, however,	70514
waive the requirement that each bid be accompanied by a bond if	70515
the cost of the contract is ten thousand dollars or less. The	70516
contract shall be let to the lowest responsible bidder in the	70517
state. All ballots shall be printed within the state.	70518

Sec. 3506.05. (A) As used in this section, except when used	70519
as part of the phrase "tabulating equipment" or "automatic	70520
tabulating equipment":	70521

(1) "Equipment" means a voting machine, marking device,	70522
automatic tabulating equipment, or software.	70523

(2) "Vendor" means the person that owns, manufactures,	70524
distributes, or has the legal right to control the use of	70525
equipment, or the person's agent.	70526

(B) No voting machine, marking device, automatic tabulating	70527
equipment, or software for the purpose of casting or tabulating	70528
votes or for communications among systems involved in the	70529
tabulation, storage, or casting of votes shall be purchased,	70530
leased, put in use, or continued to be used, except for	70531
experimental use as provided in division (B) of section 3506.04 of	70532
the Revised Code, unless it, a manual of procedures governing its	70533
use, and training materials, service, and other support	70534
arrangements have been certified by the secretary of state and	70535
unless the board of elections of each county where the equipment	70536
will be used has assured that a demonstration of the use of the	70537
equipment has been made available to all interested electors. The	70538
secretary of state shall appoint a board of voting machine	70539
examiners to examine and approve equipment and its related manuals	70540
and support arrangements. The board shall consist of four members,	70541
who shall be appointed as follows:	70542

(1) Two members appointed by the secretary of state.

70543

(2) One member appointed by either the speaker of the house	70544
of representatives or the minority leader of the house of	70545
representatives, whichever is a member of the opposite political	70546
party from the one to which the secretary of state belongs.	70547

(3) One member appointed by either the president of the	70548
senate or the minority leader of the senate, whichever is a member	70549
of the opposite political party from the one to which the	70550
secretary of state belongs.	70551

In all cases of a tie vote or a disagreement in the board, if	70552
no decision can be arrived at, the board shall submit the matter	70553
in controversy to the secretary of state, who shall summarily	70554
decide the question, and the secretary of state's decision shall	70555
be final. Each member of the board shall be a competent and	70556
experienced election officer or a person who is knowledgeable	70557
about the operation of voting equipment and shall serve during the	70558
secretary of state's term. Any vacancy on the board shall be	70559
filled in the same manner as the original appointment. The	70560
secretary of state shall provide staffing assistance to the board,	70561
at the board's request.	70562

For the member's service, each member of the board shall	70563
receive three hundred dollars per day for each combination of	70564
marking device, tabulating equipment, and voting machine examined	70565
and reported, but in no event shall a member receive more than six	70566
hundred dollars to examine and report on any one marking device,	70567
item of tabulating equipment, or voting machine. Each member of	70568
the board shall be reimbursed for expenses the member incurs	70569
during an examination or during the performance of any related	70570
duties that may be required by the secretary of state.	70571
Reimbursement of these expenses shall be made in accordance with,	70572
and shall not exceed, the rates provided for under section 126.31	70573
of the Revised Code.	70574

Neither the secretary of state nor the board, nor any public	70575
officer who participates in the authorization, examination,	70576
testing, or purchase of equipment, shall have any pecuniary	70577
interest in the equipment or any affiliation with the vendor.	70578

(C)(1) A vendor who desires to have the secretary of state	70579
certify equipment shall first submit the equipment, all current	70580
related procedural manuals, and a current description of all	70581
related support arrangements to the board of voting machine	70582
examiners for examination, testing, and approval. The submission	70583
shall be accompanied by a fee of ~~eighteen~~two thousand four	70584
hundred dollars and a detailed explanation of the construction and	70585
method of operation of the equipment, a full statement of its	70586
advantages, and a list of the patents and copyrights used in	70587
operations essential to the processes of vote recording and	70588
tabulating, vote storage, system security, and other crucial	70589
operations of the equipment as may be determined by the board. An	70590
additional fee, in an amount to be set by rules promulgated by the	70591
board, may be imposed to pay for the costs of alternative testing	70592
or testing by persons other than board members, record-keeping,	70593
and other extraordinary costs incurred in the examination process.	70594
Moneys not used shall be returned to the person or entity	70595
submitting the equipment for examination.	70596

(2) Fees collected by the secretary of state under this	70597
section shall be deposited into the state treasury to the credit	70598
of the board of voting machine examiners fund, which is hereby	70599
created. All moneys credited to this fund shall be used solely for	70600
the purpose of paying for the services and expenses of each member	70601
of the board or for other expenses incurred relating to the	70602
examination, testing, reporting, or certification of voting	70603
machine devices, the performance of any related duties as required	70604
by the secretary of state, or the reimbursement of any person	70605
submitting an examination fee as provided in this chapter.	70606

(D) Within sixty days after the submission of the equipment	70607
and payment of the fee, or as soon thereafter as is reasonably	70608
practicable, but in any event within not more than ninety days	70609
after the submission and payment, the board of voting machine	70610
examiners shall examine the equipment and file with the secretary	70611
of state a written report on the equipment with its	70612
recommendations and its determination or condition of approval	70613
regarding whether the equipment, manual, and other related	70614
materials or arrangements meet the criteria set forth in sections	70615
3506.07 and 3506.10 of the Revised Code and can be safely used by	70616
the voters at elections under the conditions prescribed in Title	70617
XXXV of the Revised Code, or a written statement of reasons for	70618
which testing requires a longer period. The board may grant	70619
temporary approval for the purpose of allowing experimental use of	70620
equipment. If the board finds that the equipment meets the	70621
criteria set forth in sections 3506.06, 3506.07, and 3506.10 of	70622
the Revised Code, can be used safely and can be depended upon to	70623
record and count accurately and continuously the votes of	70624
electors, and has the capacity to be warranted, maintained, and	70625
serviced, it shall approve the equipment and recommend that the	70626
secretary of state certify the equipment. The secretary of state	70627
shall notify all boards of elections of any such certification.	70628
Equipment of the same model and make, if it provides for recording	70629
of voter intent, system security, voter privacy, retention of	70630
vote, and communication of voting records in an identical manner,	70631
may then be adopted for use at elections.	70632

(E) The vendor shall notify the secretary of state, who shall	70633
then notify the board of voting machine examiners, of any	70634
enhancement and any significant adjustment to the hardware or	70635
software that could result in a patent or copyright change or that	70636
significantly alters the methods of recording voter intent, system	70637
security, voter privacy, retention of the vote, communication of	70638
voting records, and connections between the system and other	70639
systems. The vendor shall provide the secretary of state with an	70640
updated operations manual for the equipment, and the secretary of	70641
state shall forward the manual to the board. Upon receiving such a	70642
notification and manual, the board may require the vendor to	70643
submit the equipment to an examination and test in order for the	70644
equipment to remain certified. The board or the secretary of state	70645
shall periodically examine, test, and inspect certified equipment	70646
to determine continued compliance with the requirements of this	70647
chapter and the initial certification. Any examination, test, or	70648
inspection conducted for the purpose of continuing certification	70649
of any equipment in which a significant problem has been uncovered	70650
or in which a record of continuing problems exists shall be	70651
performed pursuant to divisions (C) and (D) of this section, in	70652
the same manner as the examination, test, or inspection is	70653
performed for initial approval and certification.	70654

(F) If, at any time after the certification of equipment, the	70655
board of voting machine examiners or the secretary of state is	70656
notified by a board of elections of any significant problem with	70657
the equipment or determines that the equipment fails to meet the	70658
requirements necessary for approval or continued compliance with	70659
the requirements of this chapter, or if the board of voting	70660
machine examiners determines that there are significant	70661
enhancements or adjustments to the hardware or software, or if	70662
notice of such enhancements or adjustments has not been given as	70663
required by division (E) of this section, the secretary of state	70664
shall notify the users and vendors of that equipment that	70665
certification of the equipment may be withdrawn.	70666

(G)(1) The notice given by the secretary of state under	70667
division (F) of this section shall be in writing and shall specify	70668
both of the following:	70669

(a) The reasons why the certification may be withdrawn;

70670

(b) The date on which certification will be withdrawn unless	70671
the vendor takes satisfactory corrective measures or explains why	70672
there are no problems with the equipment or why the enhancements	70673
or adjustments to the equipment are not significant.	70674

(2) A vendor who receives a notice under division (F) of this	70675
section shall, within thirty days after receiving it, submit to	70676
the board of voting machine examiners in writing a description of	70677
the corrective measures taken and the date on which they were	70678
taken, or the explanation required under division (G)(1)(b) of	70679
this section.	70680

(3) Not later than fifteen days after receiving a written	70681
description or explanation under division (G)(2) of this section	70682
from a vendor, the board shall determine whether the corrective	70683
measures taken or the explanation is satisfactory to allow	70684
continued certification of the equipment, and the secretary of	70685
state shall send the vendor a written notice of the board's	70686
determination, specifying the reasons for it. If the board has	70687
determined that the measures taken or the explanation given is	70688
unsatisfactory, the notice shall include the effective date of	70689
withdrawal of the certification. This date may be different from	70690
the date originally specified in division (G)(1)(b) of this	70691
section.	70692

(4) A vendor who receives a notice under division (G)(3) of	70693
this section indicating a decision to withdraw certification may,	70694
within thirty days after receiving it, request in writing that the	70695
board hold a hearing to reconsider its decision. Any interested	70696
party shall be given the opportunity to submit testimony or	70697
documentation in support of or in opposition to the board's	70698
recommendation to withdraw certification. Failure of the vendor to	70699
take appropriate steps as described in division (G)(1)(b) or to	70700
comply with division (G)(2) of this section results in a waiver of	70701
the vendor's rights under division (G)(4) of this section.	70702

(H)(1) The secretary of state, in consultation with the board	70703
of voting machine examiners, shall establish, by rule, guidelines	70704
for the approval, certification, and continued certification of	70705
the voting machines, marking devices, and tabulating equipment to	70706
be used under Title XXXV of the Revised Code. The guidelines shall	70707
establish procedures requiring vendors or computer software	70708
developers to place in escrow with an independent escrow agent	70709
approved by the secretary of state a copy of all source code and	70710
related documentation, together with periodic updates as they	70711
become known or available. The secretary of state shall require	70712
that the documentation include a system configuration and that the	70713
source code include all relevant program statements in low- or	70714
high-level languages. As used in this division, "source code" does	70715
not include variable codes created for specific elections.	70716

(2) Nothing in any rule adopted under division (H) of this	70717
section shall be construed to limit the ability of the secretary	70718
of state to follow or adopt, or to preclude the secretary of state	70719
from following or adopting, any guidelines proposed by the federal	70720
election commission, any entity authorized by the federal election	70721
commission to propose guidelines, the election assistance	70722
commission, or any entity authorized by the election assistance	70723
commission to propose guidelines.	70724

(3)(a) Before the initial certification of any direct	70725
recording electronic voting machine with a voter verified paper	70726
audit trail, and as a condition for the continued certification	70727
and use of those machines, the secretary of state shall establish,	70728
by rule, standards for the certification of those machines. Those	70729
standards shall include, but are not limited to, all of the	70730
following:	70731

(i) A definition of a voter verified paper audit trail as a	70732
paper record of the voter's choices that is verified by the voter	70733
prior to the casting of the voter's ballot and that is securely	70734
retained by the board of elections;	70735

(ii) Requirements that the voter verified paper audit trail	70736
shall not be retained by any voter and shall not contain	70737
individual voter information;	70738

(iii) A prohibition against the production by any direct	70739
recording electronic voting machine of anything that legally could	70740
be removed by the voter from the polling place, such as a receipt	70741
or voter confirmation;	70742

(iv) A requirement that paper used in producing a voter	70743
verified paper audit trail be sturdy, clean, and resistant to	70744
degradation;	70745

(v) A requirement that the voter verified paper audit trail	70746
shall be capable of being optically scanned for the purpose of	70747
conducting a recount or other audit of the voting machine and	70748
shall be readable in a manner that makes the voter's ballot	70749
choices obvious to the voter without the use of computer or	70750
electronic codes;	70751

(vi) A requirement, for office-type ballots, that the voter	70752
verified paper audit trail include the name of each candidate	70753
selected by the voter;	70754

(vii) A requirement, for questions and issues ballots, that	70755
the voter verified paper audit trail include the title of the	70756
question or issue, the name of the entity that placed the question	70757
or issue on the ballot, and the voter's ballot selection on that	70758
question or issue, but not the entire text of the question or	70759
issue.	70760

(b) The secretary of state, by rule adopted under Chapter	70761
119. of the Revised Code, may waive the requirement under division	70762
(H)(3)(a)(v) of this section, if the secretary of state determines	70763
that the requirement is cost prohibitive.	70764

(4)(a) Except as otherwise provided in division (H)(4)(c) of	70765
this section, any voting machine, marking device, or automatic	70766
tabulating equipment initially certified or acquired on or after	70767
December 1, 2008, shall have the most recent federal certification	70768
number issued by the election assistance commission.	70769

(b) Any voting machine, marking device, or automatic	70770
tabulating equipment certified for use in this state on ~~the~~	70771
~~effective date of this amendment~~September 12, 2008, shall meet,	70772
as a condition of continued certification and use, the voting	70773
system standards adopted by the federal election commission in	70774
2002.	70775

(c) A county that acquires additional voting machines,	70776
marking devices, or automatic tabulating equipment on or after	70777
December 1, 2008, shall not be considered to have acquired those	70778
machines, devices, or equipment on or after December 1, 2008, for	70779
the purpose of division (H)(4)(a) of this section if all of the	70780
following apply:	70781

(i) The voting machines, marking devices, or automatic	70782
tabulating equipment acquired are the same as the machines,	70783
devices, or equipment currently used in that county.	70784

(ii) The acquisition of the voting machines, marking devices,	70785
or automatic tabulating equipment does not replace or change the	70786
primary voting system used in that county.	70787

(iii) The acquisition of the voting machines, marking	70788
devices, or automatic tabulating equipment is for the purpose of	70789
replacing inoperable machines, devices, or equipment or for the	70790
purpose providing additional machines, devices, or equipment	70791
required to meet the allocation requirements established pursuant	70792
to division (I) of section 3501.11 of the Revised Code.	70793

Sec. 3701.021. (A) The public health council shall adopt, in	70794
accordance with Chapter 119. of the Revised Code, such rules as	70795
are necessary to carry out sections 3701.021 to 3701.0210 of the	70796
Revised Code, including, but not limited to, rules to establish	70797
the following:	70798

(1) Medical and financial eligibility requirements for the	70799
program for medically handicapped children;	70800

(2) Eligibility requirements for providers of services for	70801
medically handicapped children;	70802

(3) Procedures to be followed by the department of health in	70803
disqualifying providers for violating requirements adopted under	70804
division (A)(2) of this section;	70805

(4) Procedures to be used by the department regarding	70806
application for diagnostic services under division (B) of section	70807
3701.023 of the Revised Code and payment for those services under	70808
division (E) of that section;	70809

(5) Standards for the provision of service coordination by	70810
the department of health and city and general health districts;	70811

(6) Procedures for the department to use to determine the	70812
amount to be paid annually by each county for services for	70813
medically handicapped children and to allow counties to retain	70814
funds under divisions (A)(2) and (3) of section 3701.024 of the	70815
Revised Code;	70816

(7) Financial eligibility requirements for services for Ohio	70817
residents twenty-one years of age or older who have cystic	70818
fibrosis;	70819

(8) Criteria for payment of approved providers who provide	70820
services for medically handicapped children;	70821

(9) Criteria for the department to use in determining whether	70822
the payment of health insurance premiums of participants in the	70823
program for medically handicapped children is cost-effective;	70824

(10) Procedures for appeal of denials of applications under	70825
divisions (A) and (D) of section 3701.023 of the Revised Code,	70826
disqualification of providers, and amounts paid for services;	70827

(11) Terms of appointment for members of the medically	70828
handicapped children's medical advisory council created in section	70829
3701.025 of the Revised Code;	70830

(12) Eligibility requirements for the hemophilia program,	70831
including income and hardship requirements;	70832

(13) If a manufacturer discount program is established under	70833
division (J)(1) of section 3701.023 of the Revised Code,	70834
procedures for administering the program, including criteria and	70835
other requirements for participation in the program by	70836
manufacturers of drugs and nutritional formulas.	70837

(B) The department of health shall develop a manual of	70838
operational procedures and guidelines for the program for	70839
medically handicapped children to implement sections 3701.021 to	70840
3701.0210 of the Revised Code.	70841

Sec. 3701.023. (A) The department of health shall review	70842
applications for eligibility for the program for medically	70843
handicapped children that are submitted to the department by city	70844
and general health districts and physician providers approved in	70845
accordance with division (C) of this section. The department shall	70846
determine whether the applicants meet the medical and financial	70847
eligibility requirements established by the public health council	70848
pursuant to division (A)(1) of section 3701.021 of the Revised	70849
Code, and by the department in the manual of operational	70850
procedures and guidelines for the program for medically	70851
handicapped children developed pursuant to division (B) of that	70852
section. Referrals of potentially eligible children for the	70853
program may be submitted to the department on behalf of the child	70854
by parents, guardians, public health nurses, or any other	70855
interested person. The department of health may designate other	70856
agencies to refer applicants to the department of health.	70857

(B) In accordance with the procedures established in rules	70858
adopted under division (A)(4) of section 3701.021 of the Revised	70859
Code, the department of health shall authorize a provider or	70860
providers to provide to any Ohio resident under twenty-one years	70861
of age, without charge to the resident or the resident's family	70862
and without restriction as to the economic status of the resident	70863
or the resident's family, diagnostic services necessary to	70864
determine whether the resident has a medically handicapping or	70865
potentially medically handicapping condition.	70866

(C) The department of health shall review the applications of	70867
health professionals, hospitals, medical equipment suppliers, and	70868
other individuals, groups, or agencies that apply to become	70869
providers. The department shall enter into a written agreement	70870
with each applicant who is determined, pursuant to the	70871
requirements set forth in rules adopted under division (A)(2) of	70872
section 3701.021 of the Revised Code, to be eligible to be a	70873
provider in accordance with the provider agreement required by the	70874
medical assistance program established under section 5111.01 of	70875
the Revised Code. No provider shall charge a medically handicapped	70876
child or the child's parent or guardian for services authorized by	70877
the department under division (B) or (D) of this section.	70878

The department, in accordance with rules adopted under	70879
division (A)(3) of section 3701.021 of the Revised Code, may	70880
disqualify any provider from further participation in the program	70881
for violating any requirement set forth in rules adopted under	70882
division (A)(2) of that section. The disqualification shall not	70883
take effect until a written notice, specifying the requirement	70884
violated and describing the nature of the violation, has been	70885
delivered to the provider and the department has afforded the	70886
provider an opportunity to appeal the disqualification under	70887
division (H) of this section.	70888

(D) The department of health shall evaluate applications from	70889
city and general health districts and approved physician providers	70890
for authorization to provide treatment services, service	70891
coordination, and related goods to children determined to be	70892
eligible for the program for medically handicapped children	70893
pursuant to division (A) of this section. The department shall	70894
authorize necessary treatment services, service coordination, and	70895
related goods for each eligible child in accordance with an	70896
individual plan of treatment for the child. As an alternative, the	70897
department may authorize payment of health insurance premiums on	70898
behalf of eligible children when the department determines, in	70899
accordance with criteria set forth in rules adopted under division	70900
(A)(9) of section 3701.021 of the Revised Code, that payment of	70901
the premiums is cost-effective.	70902

(E) The department of health shall pay, from appropriations	70903
to the department, any necessary expenses, including but not	70904
limited to, expenses for diagnosis, treatment, service	70905
coordination, supportive services, transportation, and accessories	70906
and their upkeep, provided to medically handicapped children,	70907
provided that the provision of the goods or services is authorized	70908
by the department under division (B) or (D) of this section. Money	70909
appropriated to the department of health may also be expended for	70910
reasonable administrative costs incurred by the program. The	70911
department of health also may purchase liability insurance	70912
covering the provision of services under the program for medically	70913
handicapped children by physicians and other health care	70914
professionals.	70915

Payments made to providers by the department of health	70916
pursuant to this division for inpatient hospital care, outpatient	70917
care, and all other medical assistance furnished to eligible	70918
recipients shall be made in accordance with rules adopted by the	70919
public health council pursuant to division (A) of section 3701.021	70920
of the Revised Code.	70921

The departments of health and job and family services shall	70922
jointly implement procedures to ensure that duplicate payments are	70923
not made under the program for medically handicapped children and	70924
the medical assistance program established under section 5111.01	70925
of the Revised Code and to identify and recover duplicate	70926
payments.	70927

(F) At the time of applying for participation in the program	70928
for medically handicapped children, a medically handicapped child	70929
or the child's parent or guardian shall disclose the identity of	70930
any third party against whom the child or the child's parent or	70931
guardian has or may have a right of recovery for goods and	70932
services provided under division (B) or (D) of this section. The	70933
department of health shall require a medically handicapped child	70934
who receives services from the program or the child's parent or	70935
guardian to apply for all third-party benefits for which the child	70936
may be eligible and require the child, parent, or guardian to	70937
apply all third-party benefits received to the amount determined	70938
under division (E) of this section as the amount payable for goods	70939
and services authorized under division (B) or (D) of this section.	70940
The department is the payer of last resort and shall pay for	70941
authorized goods or services, up to the amount determined under	70942
division (E) of this section for the authorized goods or services,	70943
only to the extent that payment for the authorized goods or	70944
services is not made through third-party benefits. When a third	70945
party fails to act on an application or claim for benefits by a	70946
medically handicapped child or the child's parent or guardian, the	70947
department shall pay for the goods or services only after ninety	70948
days have elapsed since the date the child, parents, or guardians	70949
made an application or claim for all third-party benefits.	70950
Third-party benefits received shall be applied to the amount	70951
determined under division (E) of this section. Third-party	70952
payments for goods and services not authorized under division (B)	70953
or (D) of this section shall not be applied to payment amounts	70954
determined under division (E) of this section. Payment made by the	70955
department shall be considered payment in full of the amount	70956
determined under division (E) of this section. Medicaid payments	70957
for persons eligible for the medical assistance program	70958
established under section 5111.01 of the Revised Code shall be	70959
considered payment in full of the amount determined under division	70960
(E) of this section.	70961

(G) The department of health shall administer a program to	70962
provide services to Ohio residents who are twenty-one or more	70963
years of age who have cystic fibrosis and who meet the eligibility	70964
requirements established by the rules of the public health council	70965
pursuant to division (A)(7) of section 3701.021 of the Revised	70966
Code, subject to all provisions of this section, but not subject	70967
to section 3701.024 of the Revised Code.	70968

(H) The department of health shall provide for appeals, in	70969
accordance with rules adopted under section 3701.021 of the	70970
Revised Code, of denials of applications for the program for	70971
medically handicapped children under division (A) or (D) of this	70972
section, disqualification of providers, or amounts paid under	70973
division (E) of this section. Appeals under this division are not	70974
subject to Chapter 119. of the Revised Code.	70975

The department may designate ombudspersons to assist	70976
medically handicapped children or their parents or guardians, upon	70977
the request of the children, parents, or guardians, in filing	70978
appeals under this division and to serve as children's, parents',	70979
or guardians' advocates in matters pertaining to the	70980
administration of the program for medically handicapped children	70981
and eligibility for program services. The ombudspersons shall	70982
receive no compensation but shall be reimbursed by the department,	70983
in accordance with rules of the office of budget and management,	70984
for their actual and necessary travel expenses incurred in the	70985
performance of their duties.	70986

(I) The department of health, and city and general health	70987
districts providing service coordination pursuant to division	70988
(A)(2) of section 3701.024 of the Revised Code, shall provide	70989
service coordination in accordance with the standards set forth in	70990
the rules adopted under section 3701.021 of the Revised Code,	70991
without charge, and without restriction as to economic status.	70992

(J)(1) The department of health may establish a manufacturer	70993
discount program under which a manufacturer of a drug or	70994
nutritional formula is permitted to enter into an agreement with	70995
the department to provide a discount on the price of the drug or	70996
nutritional formula distributed to medically handicapped children	70997
participating in the program for medically handicapped children.	70998
The program shall be administered in accordance with rules adopted	70999
under section 3701.021 of the Revised Code.	71000

(2) If a manufacturer enters into an agreement with the	71001
department as described in division (J)(1) of this section, the	71002
manufacturer and the department may negotiate the amount and terms	71003
of the discount.	71004

(3) In lieu of establishing a discount program as described	71005
in division (J)(1) of this section, the department and a	71006
manufacturer of a drug or nutritional formula may discuss a	71007
donation of drugs, nutritional formulas, or money by the	71008
manufacturer to the department.	71009

Sec. 3701.0211. For each year that federal funds are made	71010
available to states under Title V of the "Social Security Act,"	71011
124 Stat. 352 (2010), 42 U.S.C. 710, as amended, for use in	71012
providing abstinence education, the director of health shall	71013
submit to the United States secretary of health and human services	71014
an application for the allotment of those funds that is available	71015
to this state. The director shall use the funds received in	71016
accordance with any conditions under which the application was	71017
approved.	71018

Sec. 3701.032. The director of health may adopt rules	71019
defining what constitutes a "health home" for the purpose of any	71020
entity that is authorized to provide care coordination services.	71021
The rules shall be adopted in accordance with Chapter 119. of the	71022
Revised Code.	71023

Sec. 3701.07. (A) The public health council shall adopt	71024
rules in accordance with Chapter 119. of the Revised Code defining	71025
and classifying hospitals and dispensaries and providing for the	71026
reporting of information by hospitals and dispensaries. Except as	71027
otherwise provided in the Revised Code, the rules providing for	71028
the reporting of information shall not require inclusion of any	71029
confidential patient data or any information concerning the	71030
financial condition, income, expenses, or net worth of the	71031
facilities other than that financial information already contained	71032
in those portions of the medicare or medicaid cost report that is	71033
necessary for the department of health to certify the per diem	71034
cost under section 3701.62 of the Revised Code. The rules may	71035
require the reporting of information in the following categories:	71036

(1) Information needed to identify and classify the	71037
institution;	71038

(2) Information on facilities and type and volume of services	71039
provided by the institution;	71040

(3) The number of beds listed by category of care provided;

71041

(4) The number of licensed or certified professional	71042
employees by classification;	71043

(5) The number of births that occurred at the institution the	71044
previous calendar year;	71045

(6) Any other information that the council considers relevant	71046
to the safety of patients served by the institution.	71047

Every hospital and dispensary, public or private, annually	71048
shall register with and report to the department of health.	71049
Reports shall be submitted in the manner prescribed in rules	71050
adopted under this division.	71051

(B) Every governmental entity or private nonprofit	71052
corporation or association whose employees or representatives are	71053
defined as residents' rights advocates under divisions (E)(1) and	71054
(2) of section 3721.10 ~~or division (A)(10) of section 3722.01~~ of	71055
the Revised Code shall register with the department of health on	71056
forms furnished by the director of health and shall provide such	71057
reasonable identifying information as the director may prescribe.	71058

The department shall compile a list of the governmental	71059
entities, corporations, or associations registering under this	71060
division and shall update the list annually. Copies of the list	71061
shall be made available to nursing home administrators as defined	71062
in division (C) of section 3721.10 of the Revised Code and to	71063
adult care facility managers as defined in section ~~3722.01~~5119.70	71064
of the Revised Code.	71065

Sec. 3701.61. (A) The department of health shall establish	71066
the help me grow program ~~for the purpose of encouraging~~to	71067
encourage early prenatal and well-baby care, provide parenting	71068
education to promote the comprehensive health and development of	71069
children, and provide early intervention services in accordance	71070
with part C of the "Individuals with Disabilities Education Act,"	71071
118 Stat. 2744 (2004), 20 U.S.C. 1431 et seq. The program shall	71072
include ~~distributing subsidies to counties to provide~~ the	71073
following services:	71074

(1) ~~Home-visiting~~Home visiting services to ~~newborn infants~~	71075
~~and their~~ families with a pregnant woman or an infant or toddler	71076
under three years of age who meet the eligibility requirements	71077
established in rules adopted under this section;	71078

(2) ~~Services~~Part C early intervention services to infants	71079
and toddlers under three years of age who ~~are at risk for, or who~~	71080
~~have, a developmental delay or disability and their families~~meet	71081
the eligibility requirements established in rules adopted under	71082
this section.	71083

(B) The ~~department shall not provide home-visiting services~~	71084
~~under the help me grow program unless requested in writing by a~~	71085
~~parent of the infant or toddler~~director of health may enter into	71086
an interagency agreement with one or more state agencies to	71087
implement the help me grow program and ensure coordination of	71088
early childhood programs.	71089

(C) The director may distribute help me grow program funds	71090
through contracts, grants, or subsidies to entities providing	71091
services under the program.	71092

(D) To the extent funds are available, the department shall	71093
establish a system of payment to providers of home visiting and	71094
part C early intervention services.	71095

~~(C)~~(E) As a condition of receiving payments for home visiting	71096
services, providers shall report to the director data on the	71097
program performance indicators that are used to assess progress	71098
toward achieving the goals of the program. The report shall	71099
include data on the performance indicator of birth outcomes,	71100
including risk indicators of low birth weight and preterm births,	71101
and data on all other performance indicators specified in rules	71102
adopted under this section. The providers shall report the data in	71103
the format and within the time frames specified in the rules.	71104

The director shall prepare an annual report on the data	71105
received from the providers.	71106

(F) Pursuant to Chapter 119. of the Revised Code, the	71107
~~department~~director shall adopt rules that are necessary and	71108
proper to implement this section. The rules shall specify all of	71109
the following:	71110

(1) Eligibility requirements for home visiting services and	71111
part C early intervention services;	71112

(2) Eligibility requirements for providers of home visiting	71113
services and providers of part C early intervention services;	71114

(3) Standards and procedures for the provision of program	71115
services, including data collection, program monitoring, and	71116
program evaluation;	71117

(4) Procedures for appealing the denial of an application for	71118
program services or the termination of services;	71119

(5) Procedures for appealing the denial of an application to	71120
become a provider of program services or the termination of the	71121
department's approval of a provider;	71122

(6) Procedures for addressing complaints;

71123

(7) The program performance indicators on which data must be	71124
reported by providers of home visiting services under division (E)	71125
of this section, which, to the extent possible, shall be	71126
consistent with federal reporting requirements for federally	71127
funded home visiting services;	71128

(8) The format in which reports must be submitted under	71129
division (E) of this section and the time frames within which the	71130
reports must be submitted;	71131

(9) Criteria for payment of approved providers of program	71132
services;	71133

(10) Any other rules necessary to implement the program.

71134

(G) A family enrolled in the help me grow at-risk program on	71135
the effective date of this amendment shall be eligible for at-risk	71136
services until December 31, 2013, or until the eligible child	71137
reaches three years of age, whichever occurs first.	71138

Sec. 3701.74. (A) As used in this section and section	71139
3701.741 of the Revised Code:	71140

(1) "Ambulatory care facility" means a facility that provides	71141
medical, diagnostic, or surgical treatment to patients who do not	71142
require hospitalization, including a dialysis center, ambulatory	71143
surgical facility, cardiac catheterization facility, diagnostic	71144
imaging center, extracorporeal shock wave lithotripsy center, home	71145
health agency, inpatient hospice, birthing center, radiation	71146
therapy center, emergency facility, and an urgent care center.	71147
"Ambulatory care facility" does not include the private office of	71148
a physician or dentist, whether the office is for an individual or	71149
group practice.	71150

(2) "Chiropractor" means an individual licensed under Chapter	71151
4734. of the Revised Code to practice chiropractic.	71152

(3) "Emergency facility" means a hospital emergency	71153
department or any other facility that provides emergency medical	71154
services.	71155

(4) "Health care practitioner" means all of the following:

71156

(a) A dentist or dental hygienist licensed under Chapter	71157
4715. of the Revised Code;	71158

(b) A registered or licensed practical nurse licensed under	71159
Chapter 4723. of the Revised Code;	71160

(c) An optometrist licensed under Chapter 4725. of the	71161
Revised Code;	71162

(d) A dispensing optician, spectacle dispensing optician,	71163
contact lens dispensing optician, or spectacle-contact lens	71164
dispensing optician licensed under Chapter 4725. of the Revised	71165
Code;	71166

(e) A pharmacist licensed under Chapter 4729. of the Revised	71167
Code;	71168

(f) A physician;

71169

(g) A physician assistant authorized under Chapter 4730. of	71170
the Revised Code to practice as a physician assistant;	71171

(h) A practitioner of a limited branch of medicine issued a	71172
certificate under Chapter 4731. of the Revised Code;	71173

(i) A psychologist licensed under Chapter 4732. of the	71174
Revised Code;	71175

(j) A chiropractor;

71176

(k) A hearing aid dealer or fitter licensed under Chapter	71177
4747. of the Revised Code;	71178

(l) A speech-language pathologist or audiologist licensed	71179
under Chapter 4753. of the Revised Code;	71180

(m) An occupational therapist or occupational therapy	71181
assistant licensed under Chapter 4755. of the Revised Code;	71182

(n) A physical therapist or physical therapy assistant	71183
licensed under Chapter 4755. of the Revised Code;	71184

(o) A professional clinical counselor, professional	71185
counselor, social worker, or independent social worker licensed,	71186
or a social work assistant registered, under Chapter 4757. of the	71187
Revised Code;	71188

(p) A dietitian licensed under Chapter 4759. of the Revised	71189
Code;	71190

(q) A respiratory care professional licensed under Chapter	71191
4761. of the Revised Code;	71192

(r) An emergency medical technician-basic, emergency medical	71193
technician-intermediate, or emergency medical technician-paramedic	71194
certified under Chapter 4765. of the Revised Code.	71195

(5) "Health care provider" means a hospital, ambulatory care	71196
facility, long-term care facility, pharmacy, emergency facility,	71197
or health care practitioner.	71198

(6) "Hospital" has the same meaning as in section 3727.01 of	71199
the Revised Code.	71200

(7) "Long-term care facility" means a nursing home,	71201
residential care facility, or home for the aging, as those terms	71202
are defined in section 3721.01 of the Revised Code; an adult care	71203
facility, as defined in section ~~3722.01~~5119.70 of the Revised	71204
Code; a nursing facility or intermediate care facility for the	71205
mentally retarded, as those terms are defined in section 5111.20	71206
of the Revised Code; a facility or portion of a facility certified	71207
as a skilled nursing facility under Title XVIII of the "Social	71208
Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	71209

(8) "Medical record" means data in any form that pertains to	71210
a patient's medical history, diagnosis, prognosis, or medical	71211
condition and that is generated and maintained by a health care	71212
provider in the process of the patient's health care treatment.	71213

(9) "Medical records company" means a person who stores,	71214
locates, or copies medical records for a health care provider, or	71215
is compensated for doing so by a health care provider, and charges	71216
a fee for providing medical records to a patient or patient's	71217
representative.	71218

(10) "Patient" means either of the following:

71219

(a) An individual who received health care treatment from a	71220
health care provider;	71221

(b) A guardian, as defined in section 1337.11 of the Revised	71222
Code, of an individual described in division (A)(10)(a) of this	71223
section.	71224

(11) "Patient's personal representative" means a minor	71225
patient's parent or other person acting in loco parentis, a	71226
court-appointed guardian, or a person with durable power of	71227
attorney for health care for a patient, the executor or	71228
administrator of the patient's estate, or the person responsible	71229
for the patient's estate if it is not to be probated. "Patient's	71230
personal representative" does not include an insurer authorized	71231
under Title XXXIX of the Revised Code to do the business of	71232
sickness and accident insurance in this state, a health insuring	71233
corporation holding a certificate of authority under Chapter 1751.	71234
of the Revised Code, or any other person not named in this	71235
division.	71236

(12) "Pharmacy" has the same meaning as in section 4729.01 of	71237
the Revised Code.	71238

(13) "Physician" means a person authorized under Chapter	71239
4731. of the Revised Code to practice medicine and surgery,	71240
osteopathic medicine and surgery, or podiatric medicine and	71241
surgery.	71242

(14) "Authorized person" means a person to whom a patient has	71243
given written authorization to act on the patient's behalf	71244
regarding the patient's medical record.	71245

(B) A patient, a patient's personal representative or an	71246
authorized person who wishes to examine or obtain a copy of part	71247
or all of a medical record shall submit to the health care	71248
provider a written request signed by the patient, personal	71249
representative, or authorized person dated not more than one year	71250
before the date on which it is submitted. The request shall	71251
indicate whether the copy is to be sent to the requestor,	71252
physician or chiropractor, or held for the requestor at the office	71253
of the health care provider. Within a reasonable time after	71254
receiving a request that meets the requirements of this division	71255
and includes sufficient information to identify the record	71256
requested, a health care provider that has the patient's medical	71257
records shall permit the patient to examine the record during	71258
regular business hours without charge or, on request, shall	71259
provide a copy of the record in accordance with section 3701.741	71260
of the Revised Code, except that if a physician or chiropractor	71261
who has treated the patient determines for clearly stated	71262
treatment reasons that disclosure of the requested record is	71263
likely to have an adverse effect on the patient, the health care	71264
provider shall provide the record to a physician or chiropractor	71265
designated by the patient. The health care provider shall take	71266
reasonable steps to establish the identity of the person making	71267
the request to examine or obtain a copy of the patient's record.	71268

(C) If a health care provider fails to furnish a medical	71269
record as required by division (B) of this section, the patient,	71270
personal representative, or authorized person who requested the	71271
record may bring a civil action to enforce the patient's right of	71272
access to the record.	71273

(D)(1) This section does not apply to medical records whose	71274
release is covered by section 173.20 or 3721.13 of the Revised	71275
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	71276
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	71277
Records," or by 42 C.F.R. 483.10.	71278

(2) Nothing in this section is intended to supersede the	71279
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	71280
and 2305.252 of the Revised Code.	71281

Sec. 3701.83. (A) There is hereby created in the state	71282
treasury the general operations fund. Moneys in the fund shall be	71283
used for the purposes specified in sections 3701.04, 3701.344,	71284
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, ~~3722.04,~~	71285
3729.07, ~~3733.04, 3733.25, 3733.43,~~ 3748.04, 3748.05, 3748.07,	71286
3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09	71287
of the Revised Code.	71288

(B) The alcohol testing program fund is hereby created in the	71289
state treasury. The director of health shall use the fund to	71290
administer and enforce the alcohol testing and permit program	71291
authorized by section 3701.143 of the Revised Code.	71292

The fund shall receive transfers from the liquor control fund	71293
created under section 4301.12 of the Revised Code. All investment	71294
earnings of the alcohol testing program fund shall be credited to	71295
the fund.	71296

Sec. 3702.59. (A) The director of health shall accept for	71297
review certificate of need applications as provided in sections	71298
3702.592, 3702.593, and 3702.594 of the Revised Code.	71299

(B)(1) The director shall not approve an application for a	71300
certificate of need for the addition of long-term care beds to an	71301
existing health care facility or for the development of a new	71302
health care facility if any of the following apply:	71303

(a) The existing health care facility in which the beds are	71304
being placed has one or more waivers for life safety code	71305
deficiencies, one or more state fire code violations, or one or	71306
more state building code violations, and the project identified in	71307
the application does not propose to correct all life safety code	71308
deficiencies for which a waiver has been granted, all state fire	71309
code violations, and all state building code violations at the	71310
existing health care facility in which the beds are being placed;	71311

(b) During the sixty-month period preceding the filing of the	71312
application, a notice of proposed license revocation was issued	71313
under section 3721.03 of the Revised Code for the existing health	71314
care facility in which the beds are being placed or a nursing home	71315
owned or operated by the applicant or a principal participant.	71316

(c) During the period that precedes the filing of the	71317
application and is encompassed by the three most recent standard	71318
surveys of the existing health care facility in which the beds are	71319
being placed, any of the following occurred:	71320

(i) The facility was cited on three or more separate	71321
occasions for final, nonappealable actual harm but not immediate	71322
jeopardy deficiencies.	71323

(ii) The facility was cited on two or more separate occasions	71324
for final, nonappealable immediate jeopardy deficiencies.	71325

(iii) The facility was cited on two separate occasions for	71326
final, nonappealable actual harm but not immediate jeopardy	71327
deficiencies and on one occasion for a final, nonappealable	71328
immediate jeopardy deficiency.	71329

(d) More than two nursing homes owned or operated in this	71330
state by the applicant or a principal participant or, if the	71331
applicant or a principal participant owns or operates more than	71332
twenty nursing homes in this state, more than ten per cent of	71333
those nursing homes, were each cited during the period that	71334
precedes the filing of the application for the certificate of need	71335
and is encompassed by the three most recent standard surveys of	71336
the nursing homes that were so cited in any of the following	71337
manners:	71338

(i) On three or more separate occasions for final,	71339
nonappealable actual harm but not immediate jeopardy deficiencies;	71340

(ii) On two or more separate occasions for final,	71341
nonappealable immediate jeopardy deficiencies;	71342

(iii) On two separate occasions for final, nonappealable	71343
actual harm but not immediate jeopardy deficiencies and on one	71344
occasion for a final, nonappealable immediate jeopardy deficiency.	71345

(2) In applying divisions (B)(1)(a) to (d) of this section,	71346
the director shall not consider deficiencies or violations cited	71347
before the applicant or a principal participant acquired or began	71348
to own or operate the health care facility at which the	71349
deficiencies or violations were cited. The director may disregard	71350
deficiencies and violations cited after the health care facility	71351
was acquired or began to be operated by the applicant or a	71352
principal participant if the deficiencies or violations were	71353
attributable to circumstances that arose under the previous owner	71354
or operator and the applicant or principal participant has	71355
implemented measures to alleviate the circumstances. In the case	71356
of an application proposing development of a new health care	71357
facility by relocation of beds, the director shall not consider	71358
deficiencies or violations that were solely attributable to the	71359
physical plant of the existing health care facility from which the	71360
beds are being relocated.	71361

(C) The director also shall accept for review any application	71362
for the conversion of infirmary beds to long-term care beds if the	71363
infirmary meets all of the following conditions:	71364

(1) Is operated exclusively by a religious order;

71365

(2) Provides care exclusively to members of religious orders	71366
who take vows of celibacy and live by virtue of their vows within	71367
the orders as if related;	71368

(3) Was providing care exclusively to members of such a	71369
religious order on January 1, 1994.	71370

~~At no time shall individuals other than those described in~~	71371
~~division (C)(2) of this section be admitted to a facility to use~~	71372
~~beds for which a certificate of need is approved under this~~	71373
~~division.~~	71374

(D) Notwithstanding division (C)(2) of this section, a	71375
facility that has been granted a certificate of need under	71376
division (C) of this section may provide care to any of the	71377
following family members of the individuals described in division	71378
(C)(2) of this section: mothers, fathers, brothers, sisters,	71379
brothers-in-law, sisters-in-law, or children.	71380

The long-term care beds in a facility that have been granted	71381
a certificate of need under division (C) of this section may not	71382
be relocated pursuant to sections 3702.592 to 3702.594 of the	71383
Revised Code.	71384

Sec. 3704.06. (A) The attorney general, upon the request of	71385
the director of environmental protection, shall prosecute any	71386
person who violates section 3704.05 or 3704.16 of the Revised	71387
Code.	71388

(B) The attorney general, upon request of the director, shall	71389
bring an action for an injunction, a civil penalty, or any other	71390
appropriate proceedings in any court of competent jurisdiction	71391
against any person violating or threatening to violate section	71392
3704.05 or 3704.16 of the Revised Code. The court shall have	71393
jurisdiction to grant prohibitory and mandatory injunctive relief	71394
and to require payment of a civil penalty upon the showing that	71395
~~such~~the person has violated this chapter or rules adopted	71396
thereunder.	71397

(C) A person who violates section 3704.05 or 3704.16 of the	71398
Revised Code shall pay a civil penalty of not more than	71399
twenty-five thousand dollars for each day of each violation. This	71400
division does not apply to any requirement of this chapter	71401
regarding the prevention or abatement of odors.	71402

(D) One-half of the moneys collected as civil penalties under	71403
division (C) of this section shall be credited to the	71404
environmental education fund created in section 3745.22 of the	71405
Revised Code. The remainder of the moneys so collected shall be	71406
credited to the air pollution control administration fund, which	71407
is hereby created in the state treasury. The air pollution control	71408
administration fund shall be administered by the director. Moneys	71409
in the air pollution control administration fund shall be used to	71410
supplement other moneys available for the administration and	71411
enforcement of this chapter and the rules adopted and terms and	71412
conditions of orders and permits issued under it, including,	71413
without limitation, the issuance of permits under it, and shall	71414
not be used to satisfy any state matching fund requirements for	71415
the receipt of any federal grant funds.	71416

The director may expend not more than ~~seven~~one million five	71417
hundred ~~fifty~~ thousand dollars of the moneys credited to the air	71418
pollution control administration fund under this division in any	71419
fiscal year for the purposes specified in this division. The	71420
director may request authority from the controlling board to	71421
expend any moneys credited to that fund in any fiscal year in	71422
excess of that amount.	71423

(E) Upon written complaint by any person, the director shall	71424
conduct such investigations and make such inquiries as are	71425
necessary to secure compliance with this chapter. The director,	71426
upon complaint or upon ~~his~~the director's own initiative, may	71427
investigate or make inquiries into any alleged violation or act of	71428
air pollution.	71429

Sec. 3704.14. (A)(1) If the director of environmental	71430
protection determines that implementation of a motor vehicle	71431
inspection and maintenance program is necessary for the state to	71432
effectively comply with the federal Clean Air Act after June 30,	71433
~~2009~~2011, the director may provide for the implementation of the	71434
program in those counties in this state in which such a program is	71435
federally mandated. Upon making such a determination, the director	71436
of environmental protection may request the director of	71437
administrative services to extend the terms of the contract that	71438
was entered into under the authority of ~~Section 7 of~~ Am. Sub.	71439
H.B. 241 of the ~~127th~~128th general assembly. Upon receiving the	71440
request, the director of administrative services shall extend the	71441
contract, beginning on July 1, ~~2009~~2011, in accordance with this	71442
section. The contract shall be extended for a period of up to ~~six~~	71443
twelve months with the contractor who conducted the motor vehicle	71444
inspection and maintenance program under that contract.	71445

(2) Prior to the expiration of the contract extension that is	71446
authorized by division (A)(1) of this section, the director of	71447
environmental protection ~~may~~shall request the director of	71448
administrative services to enter into a contract with a vendor to	71449
operate a decentralized motor vehicle inspection and maintenance	71450
program in each county in this state in which such a program is	71451
federally mandated through June 30, ~~2011~~2015, with an option for	71452
the state to renew the contract through June 30, ~~2012~~2017. The	71453
contract shall ensure that the decentralized motor vehicle	71454
inspection and maintenance program achieves at least the same	71455
~~ozone precursor~~emission reductions as achieved by the program	71456
operated under the authority of the contract that was extended	71457
under division (A)(1) of this section. The director of	71458
administrative services shall select a vendor through a	71459
competitive selection process in compliance with Chapter 125. of	71460
the Revised Code.	71461

(3) Notwithstanding any law to the contrary, the director of	71462
administrative services shall ensure that a competitive selection	71463
process regarding a contract to operate a decentralized motor	71464
vehicle inspection and maintenance program in this state	71465
incorporates the following ~~elements~~, which shall be included in	71466
the contract:	71467

(a) AFor purposes of expanding the number of testing	71468
locations for consumer convenience, a requirement that the vendor	71469
utilize established local businesses, auto repair facilities, or	71470
leased properties to operate state-approved inspection and	71471
maintenance testing facilities;	71472

(b) A requirement that the vendor selected to operate the	71473
program provide notification of the program's requirements to each	71474
owner of a motor vehicle that is required to be inspected under	71475
the program. The contract shall require the notification to be	71476
provided not later than sixty days prior to the date by which the	71477
owner of the motor vehicle is required to have the motor vehicle	71478
inspected. The director of environmental protection and the vendor	71479
shall jointly agree on the content of the notice. However, the	71480
notice shall include at a minimum the locations of all inspection	71481
facilities within a specified distance of the address that is	71482
listed on the owner's motor vehicle registration;	71483

(c) A requirement that the vendor comply with testing	71484
methodology and supply the required equipment approved by the	71485
director of environmental protection as specified in the	71486
competitive selection process in compliance with Chapter 125. of	71487
the Revised Code.	71488

(4) A decentralized motor vehicle inspection and maintenance	71489
program operated under this section shall comply with division (B)	71490
of this section. The director of environmental protection shall	71491
administer the decentralized motor vehicle inspection and	71492
maintenance program operated under this section.	71493

(B) The decentralized motor vehicle inspection and	71494
maintenance program authorized by this section, at a minimum,	71495
shall do all of the following:	71496

(1) Comply with the federal Clean Air Act;

71497

(2) Provide for the issuance of inspection certificates;

71498

(3) Provide for a new car exemption for motor vehicles four	71499
years old or newer and provide that a new motor vehicle is exempt	71500
for four years regardless of whether legal title to the motor	71501
vehicle is transferred during that period.	71502

(C) ~~A motor vehicle inspection and maintenance program shall~~	71503
~~not be implemented in any county in which such a program is not~~	71504
~~authorized under division (A) of this section without the approval~~	71505
~~of the general assembly through the enactment of legislation.~~	71506
~~Further, a motor vehicle inspection and maintenance program shall~~	71507
~~not be implemented in any county beyond June 30, 2012, without the~~	71508
~~approval of the general assembly through the enactment of~~	71509
~~legislation.~~	71510

~~(D)~~ The director of environmental protection shall adopt	71511
rules in accordance with Chapter 119. of the Revised Code that the	71512
director determines are necessary to implement this section. The	71513
director may continue to implement and enforce rules pertaining to	71514
the motor vehicle inspection and maintenance program previously	71515
implemented under former section 3704.14 of the Revised Code as	71516
that section existed prior to its repeal and reenactment by Am.	71517
Sub. H.B. 66 of the 126th general assembly, provided that the	71518
rules do not conflict with this section.	71519

~~(E)~~(D) There is hereby created in the state treasury the auto	71520
emissions test fund, which shall consist of money received by the	71521
director from any cash transfers, state and local grants, and	71522
other contributions that are received for the purpose of funding	71523
the program established under this section. The director of	71524
environmental protection shall use money in the fund solely for	71525
the implementation, supervision, administration, operation, and	71526
enforcement of the motor vehicle inspection and maintenance	71527
program established under this section. Money in the fund shall	71528
not be used for either of the following:	71529

(1) To pay for the inspection costs incurred by a motor	71530
vehicle dealer so that the dealer may provide inspection	71531
certificates to an individual purchasing a motor vehicle from the	71532
dealer when that individual resides in a county that is subject to	71533
the motor vehicle inspection and maintenance program;	71534

(2) To provide payment for more than one free passing	71535
emissions inspection or a total of three emissions inspections for	71536
a motor vehicle in any three-hundred-sixty-five day period. The	71537
owner or lessee of a motor vehicle is responsible for inspection	71538
fees that are related to emissions inspections beyond one free	71539
passing emissions inspection or three total emissions inspections	71540
in any three-hundred-sixty-five day period. Inspection fees that	71541
are charged by a contractor conducting emissions inspections under	71542
a motor vehicle inspection and maintenance program shall be	71543
approved by the director of environmental protection.	71544

~~(F)~~(E) The motor vehicle inspection and maintenance program	71545
established under this section expires upon the termination of all	71546
contracts entered into under this section and shall not be	71547
implemented beyond the final date on which termination occurs.	71548

Sec. 3705.24. (A)(1) The public health council shall, in	71549
accordance with section 111.15 of the Revised Code, adopt rules	71550
prescribing fees for the following items or services provided by	71551
the state office of vital statistics:	71552

(a) Except as provided in division (A)(4) of this section:

71553

(i) A certified copy of a vital record or a certification of	71554
birth;	71555

(ii) A search by the office of vital statistics of its files	71556
and records pursuant to a request for information, regardless of	71557
whether a copy of a record is provided;	71558

(iii) A copy of a record provided pursuant to a request.

71559

(b) Replacement of a birth certificate following an adoption,	71560
legitimation, paternity determination or acknowledgement, or court	71561
order;	71562

71563

(d) Amendment of a vital record that is requested later than	71564
one year after the filing date of the vital record;	71565

(e) Any other documents or services for which the public	71566
health council considers the charging of a fee appropriate.	71567

(2) Fees prescribed under division (A)(1)(a) of this section	71568
shall not be less than twelve dollars.	71569

(3) Fees prescribed under division (A)(1) of this section	71570
shall be collected in addition to any fees required by sections	71571
3109.14 and 3705.242 of the Revised Code.	71572

(4) Fees prescribed under division (A) of this section shall	71573
not apply to certifications issued under division (H) of this	71574
section or copies provided under section 3705.241 of the Revised	71575
Code.	71576

(B) In addition to the fees prescribed under division (A) of	71577
this section or section 3709.09 of the Revised Code, the office of	71578
vital statistics or, the board of health of a city or general	71579
health district, or a local registrar of vital statistics who is	71580
not a salaried employee of a city or general health district shall	71581
charge a five-dollar fee for each certified copy of a vital record	71582
and each certification of birth. This fee shall be deposited in	71583
the general operations fund created under section 3701.83 of the	71584
Revised Code and be used to support the operations, the	71585
modernization, and the automation of the vital records program in	71586
this state. A board of health or a local registrar shall forward	71587
all fees collected under this division to the department of health	71588
not later than thirty days after the end of each calendar quarter.	71589

(C) Except as otherwise provided in division (H) of this	71590
section, and except as provided in section 3705.241 of the Revised	71591
Code, fees collected by the director of health under sections	71592
3705.01 to 3705.29 of the Revised Code shall be paid into the	71593
state treasury to the credit of the general operations fund	71594
created by section 3701.83 of the Revised Code. Except as provided	71595
in division (B) or (I) of this section, money generated by the	71596
fees shall be used only for administration and enforcement of this	71597
chapter and the rules adopted under it. Amounts submitted to the	71598
department of health for copies of vital records or services in	71599
excess of the fees imposed by this section shall be dealt with as	71600
follows:	71601

(1) An overpayment of two dollars or less shall be retained	71602
by the department and deposited in the state treasury to the	71603
credit of the general operations fund created by section 3701.83	71604
of the Revised Code.	71605

(2) An overpayment in excess of two dollars shall be returned	71606
to the person who made the overpayment.	71607

(D) If a local registrar is a salaried employee of a city or	71608
a general health district, any fees the local registrar receives	71609
pursuant to section 3705.23 of the Revised Code shall be paid into	71610
the general fund of the city or the health fund of the general	71611
health district.	71612

Each local registrar of vital statistics, or each health	71613
district where the local registrar is a salaried employee of the	71614
district, shall be entitled to a fee for each birth, fetal death,	71615
death, or military service certificate properly and completely	71616
made out and registered with the local registrar or district and	71617
correctly copied and forwarded to the office of vital statistics	71618
in accordance with the population of the primary registration	71619
district at the last federal census. The fee for each birth, fetal	71620
death, death, or military service certificate shall be:	71621

(1) In primary registration districts of over two hundred	71622
fifty thousand, twenty cents;	71623

(2) In primary registration districts of over one hundred	71624
twenty-five thousand and less than two hundred fifty thousand,	71625
sixty cents;	71626

(3) In primary registration districts of over fifty thousand	71627
and less than one hundred twenty-five thousand, eighty cents;	71628

(4) In primary registration districts of less than fifty	71629
thousand, one dollar.	71630

(E) The director of health shall annually certify to the	71631
county treasurers of the several counties the number of birth,	71632
fetal death, death, and military service certificates registered	71633
from their respective counties with the names of the local	71634
registrars and the amounts due each registrar and health district	71635
at the rates fixed in this section. Such amounts shall be paid by	71636
the treasurer of the county in which the registration districts	71637
are located. No fees shall be charged or collected by registrars	71638
except as provided by this chapter and section 3109.14 of the	71639
Revised Code.	71640

(F) A probate judge shall be paid a fee of fifteen cents for	71641
each certified abstract of marriage prepared and forwarded by the	71642
probate judge to the department of health pursuant to section	71643
3705.21 of the Revised Code. The fee shall be in addition to the	71644
fee paid for a marriage license and shall be paid by the	71645
applicants for the license.	71646

(G) The clerk of a court of common pleas shall be paid a fee	71647
of one dollar for each certificate of divorce, dissolution, and	71648
annulment of marriage prepared and forwarded by the clerk to the	71649
department pursuant to section 3705.21 of the Revised Code. The	71650
fee for the certified abstract of divorce, dissolution, or	71651
annulment of marriage shall be added to the court costs allowed in	71652
these cases.	71653

(H) The fee for an heirloom certification of birth issued	71654
pursuant to division (B)(2) of section 3705.23 of the Revised Code	71655
shall be an amount prescribed by rule by the director of health	71656
plus any fee required by section 3109.14 of the Revised Code. In	71657
setting the amount of the fee, the director shall establish a	71658
surcharge in addition to an amount necessary to offset the expense	71659
of processing heirloom certifications of birth. The fee prescribed	71660
by the director of health pursuant to this division shall be	71661
deposited into the state treasury to the credit of the heirloom	71662
certification of birth fund which is hereby created. Money	71663
credited to the fund shall be used by the office of vital	71664
statistics to offset the expense of processing heirloom	71665
certifications of birth. However, the money collected for the	71666
surcharge, subject to the approval of the controlling board, shall	71667
be used for the purposes specified by the family and children	71668
first council pursuant to section 121.37 of the Revised Code.	71669

(I)(1) Four dollars of each fee collected by ~~the director of~~	71670
~~health or~~ the board of health of a city or general health district	71671
for ~~an item or service described in division (A)(1)(a) of this~~	71672
~~section~~a certified copy of a vital record or a certification of	71673
birth shall be transferred to the office of vital statistics not	71674
later than thirty days after the end of each calendar quarter and	71675
shall be used to support public health systems. Of each four	71676
dollars collected, one dollar shall be used by the director of	71677
health to pay subsidies to boards of health. The subsidies shall	71678
be distributed in accordance with the same formula established	71679
under section 3701.342 of the Revised Code for the distribution of	71680
state health district subsidy funds to boards of health and local	71681
health departments.	71682

(2) Four dollars of each fee collected by a local registrar	71683
of vital statistics who is not a salaried employee of a city or	71684
general health district, for a certified copy of a vital record or	71685
certification of birth, shall be transferred to the office of	71686
vital statistics not later than thirty days after the end of each	71687
calendar quarter and shall be used to support public health	71688
systems.	71689

Sec. 3709.085. (A) The board of health of a city or general	71690
health district may enter into a contract with any political	71691
subdivision or other governmental agency to obtain or provide all	71692
or part of any services, including, but not limited to,	71693
enforcement services, for the purposes of Chapter 3704. of the	71694
Revised Code, the rules adopted and orders made pursuant thereto,	71695
or any other ordinances or rules for the prevention, control, and	71696
abatement of air pollution.	71697

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

71698

(a) "Semipublic disposal system" means a disposal system that	71699
treats the sanitary sewage discharged from publicly or privately	71700
owned buildings or places of assemblage, entertainment,	71701
recreation, education, correction, hospitalization, housing, or	71702
employment, but does not include a disposal system that treats	71703
sewage in amounts of more than twenty-five thousand gallons per	71704
day; a disposal system for the treatment of sewage that is exempt	71705
from the requirements of section 6111.04 of the Revised Code	71706
pursuant to division (F)(7) of that section; or a disposal system	71707
for the treatment of industrial waste.	71708

(b) Terms defined in section 6111.01 of the Revised Code have	71709
the same meanings as in that section.	71710

(2) The board of health of a city or general health district	71711
may enter into a contract with the environmental protection agency	71712
to conduct on behalf of the agency inspection or enforcement	71713
services, for the purposes of Chapter 6111. of the Revised Code	71714
and rules adopted thereunder, for the disposal or treatment of	71715
sewage from semipublic disposal systems. The board of health of a	71716
city or general health district may charge a fee established	71717
pursuant to section 3709.09 of the Revised Code to be paid by the	71718
owner or operator of a semipublic disposal system for inspections	71719
conducted by the board pursuant to a contract entered into under	71720
division (B)(2) of this section, except that the board shall not	71721
charge a fee for those inspections conducted at any recreational	71722
vehicle park, recreation camp, or combined park-camp that is	71723
licensed under section 3729.05 of the Revised Code or at any	71724
manufactured home park that is licensed under section ~~3733.03~~	71725
4781.26 of the Revised Code.	71726

Sec. 3709.09. (A) The board of health of a city or general	71727
health district may, by rule, establish a uniform system of fees	71728
to pay the costs of any services provided by the board.	71729

The fee for issuance of a certified copy of a vital record or	71730
a certification of birth shall not be less than the fee prescribed	71731
for the same service under division (A)(1) of section 3705.24 of	71732
the Revised Code and shall include the fees required by division	71733
(B) of section 3705.24 and section 3109.14 of the Revised Code.	71734

Fees for services provided by the board for purposes	71735
specified in sections 3701.344, 3711.10, 3718.06, 3729.07,	71736
3730.03, ~~3733.04, 3733.25~~3733.21, and 3749.04 of the Revised Code	71737
shall be established in accordance with rules adopted under	71738
division (B) of this section. The district advisory council, in	71739
the case of a general health district, and the legislative	71740
authority of the city, in the case of a city health district, may	71741
disapprove any fee established by the board of health under this	71742
division, and any such fee, as disapproved, shall not be charged	71743
by the board of health.	71744

(B) The public health council shall adopt rules under section	71745
111.15 of the Revised Code that establish fee categories and a	71746
uniform methodology for use in calculating the costs of services	71747
provided for purposes specified in sections 3701.344, 3711.10,	71748
3718.06, 3729.07, 3730.03, ~~3733.04, 3733.25~~3733.21, and 3749.04	71749
of the Revised Code. In adopting the rules, the public health	71750
council shall consider recommendations it receives from advisory	71751
boards established either by statute or the director of health for	71752
entities subject to the fees.	71753

(C) Except when a board of health establishes a fee by	71754
adopting a rule as an emergency measure, the board of health shall	71755
hold a public hearing regarding each proposed fee for a service	71756
provided by the board for a purpose specified in section 3701.344,	71757
3711.10, 3718.06, 3729.07, 3730.03, ~~3733.04, 3733.25~~3733.21, or	71758
3749.04 of the Revised Code. If a public hearing is held, at least	71759
twenty days prior to the public hearing the board shall give	71760
written notice of the hearing to each entity affected by the	71761
proposed fee. The notice shall be mailed to the last known address	71762
of each entity and shall specify the date, time, and place of the	71763
hearing and the amount of the proposed fee.	71764

(D) If payment of a fee established under this section is not	71765
received by the day on which payment is due, the board of health	71766
shall assess a penalty. The amount of the penalty shall be equal	71767
to twenty-five per cent of the applicable fee.	71768

(E) All rules adopted by a board of health under this section	71769
shall be adopted, recorded, and certified as are ordinances of	71770
municipal corporations and the record thereof shall be given in	71771
all courts the same effect as is given such ordinances, but the	71772
advertisements of such rules shall be by publication in one	71773
newspaper of general circulation within the health district.	71774
Publication shall be made once a week for two consecutive weeks	71775
or as provided in section 7.16 of the Revised Code, and such rules	71776
shall take effect and be in force ten days from the date of the	71777
first publication.	71778

Sec. 3709.092. (A) A board of health of a city or general	71779
health district shall transmit to the director of health all fees	71780
or additional amounts that the public health council requires to	71781
be collected under sections 3701.344, 3718.06, 3729.07, ~~3733.04,~~	71782
~~3733.25,~~ and 3749.04 of the Revised Code. The fees and amounts	71783
shall be transmitted according to the following schedule:	71784

(1) For fees and amounts received by the board on or after	71785
the first day of January but not later than the thirty-first day	71786
of March, transmit the fees and amounts not later than the	71787
fifteenth day of May;	71788

(2) For fees and amounts received by the board on or after	71789
the first day of April but not later than the thirtieth day of	71790
June, transmit the fees and amounts not later than the fifteenth	71791
day of August;	71792

(3) For fees and amounts received by the board on or after	71793
the first day of July but not later than the thirtieth day of	71794
September, transmit the fees and amounts not later than the	71795
fifteenth day of November;	71796

(4) For fees and amounts received by the board on or after	71797
the first day of October but not later than the thirty-first day	71798
of December, transmit the fees and amounts not later than the	71799
fifteenth day of February of the following year.	71800

(B) The director shall deposit the fees and amounts received	71801
under this section into the state treasury to the credit of the	71802
general operations fund created in section 3701.83 of the Revised	71803
Code. Each amount shall be used solely for the purpose for which	71804
it was collected.	71805

Sec. 3709.21. The board of health of a general health	71806
district may make such orders and regulations as are necessary for	71807
its own government, for the public health, the prevention or	71808
restriction of disease, and the prevention, abatement, or	71809
suppression of nuisances. Such board may require that no human,	71810
animal, or household wastes from sanitary installations within the	71811
district be discharged into a storm sewer, open ditch, or	71812
watercourse without a permit therefor having been secured from the	71813
board under such terms as the board requires. All orders and	71814
regulations not for the government of the board, but intended for	71815
the general public, shall be adopted, recorded, and certified as	71816
are ordinances of municipal corporations and the record thereof	71817
shall be given in all courts the same effect as is given such	71818
ordinances, but the advertisements of such orders and regulations	71819
shall be by publication in ~~one~~a newspaper ~~published and~~ of	71820
general circulation within the district. Publication shall be made	71821
once a week for two consecutive weeks or as provided in section	71822
7.16 of the Revised Code, and such orders and regulations shall	71823
take effect and be in force ten days from the date of the first	71824
publication. In cases of emergency caused by epidemics of	71825
contagious or infectious diseases, or conditions or events	71826
endangering the public health, the board may declare such orders	71827
and regulations to be emergency measures, and such orders and	71828
regulations shall become effective immediately without such	71829
advertising, recording, and certifying.	71830

Sec. 3709.341. The board of county commissioners may donate	71831
or sell property, buildings, and furnishings to any board of	71832
health of a general or combined health district. Upon acceptance	71833
by the board of health of the general or combined district, the	71834
board of county commissioners may convey the property, buildings,	71835
and furnishings to the board of health to be used as quarters by	71836
the board of health. The instrument conveying the property,	71837
buildings, and furnishings shall include a reverter clause that,	71838
in the event the board of health subsequently sells the property,	71839
buildings, and furnishings:	71840

(A) Reverts the property, buildings, and furnishings to the	71841
board of county commissioners if they initially were donated by	71842
the board of county commissioners; or	71843

(B) Specifies how the proceeds of the board of health's	71844
subsequent sale of the property, buildings, and furnishings shall	71845
be distributed, if they initially were sold by the board of county	71846
commissioners.	71847

Sec. 3717.01. As used in this chapter:

71848

(A) "Ohio uniform food safety code" means the food safety and	71849
related standards adopted under section 3717.05 of the Revised	71850
Code.	71851

(B) "Food" means any raw, cooked, or processed edible	71852
substance used or intended for use in whole or in part for human	71853
consumption. "Food" includes ice, water or any other beverage,	71854
food ingredients, and chewing gum.	71855

(C) "Retail food establishment" means a premises or part of a	71856
premises where food is stored, processed, prepared, manufactured,	71857
or otherwise held or handled for retail sale. Except when	71858
expressly provided otherwise, "retail food establishment" includes	71859
a mobile retail food establishment, seasonal retail food	71860
establishment, and temporary retail food establishment.	71861

As used in this division:

71862

(1) "Retail" means the sale of food to a person who is the	71863
ultimate consumer.	71864

(2) "Prepared" means any action that affects a food,	71865
including receiving and maintaining it at the temperature at which	71866
it was received.	71867

(D) "Seasonal retail food establishment" means a retail food	71868
establishment, other than a mobile retail food establishment, that	71869
is operated for not more than six months in a licensing period.	71870

(E) "Temporary retail food establishment" means a retail food	71871
establishment that is operated at an event for not more than five	71872
consecutive days, except when operated for more than five	71873
consecutive days pursuant to division (E)(2) of section 3717.23 of	71874
the Revised Code.	71875

(F) "Food service operation" means a place, location, site,	71876
or separate area where food intended to be served in individual	71877
portions is prepared or served for a charge or required donation.	71878
As used in this division, "served" means a response made to an	71879
order for one or more individual portions of food in a form that	71880
is edible without washing, cooking, or additional preparation and	71881
"prepared" means any action that affects a food other than	71882
receiving or maintaining it at the temperature at which it was	71883
received.	71884

Except when expressly provided otherwise, "food service	71885
operation" includes a catering food service operation, food	71886
delivery sales operation, mobile food service operation, seasonal	71887
food service operation, temporary food service operation, and	71888
vending machine location.	71889

(G) "Catering food service operation" means a food service	71890
operation where food is prepared for serving at a function or	71891
event held at an off-premises site, for a charge determined on a	71892
per-function or per-event basis.	71893

(H) "Food delivery sales operation" means a food service	71894
operation from which individual portions of food are ordered by a	71895
customer, prepared at another food service operation or a retail	71896
food establishment, and delivered to the customer by a person	71897
other than an employee of the food service operation or retail	71898
food establishment that prepared the food.	71899

(I) "Mobile food service operation" means a food service	71900
operation that is operated from a movable vehicle, portable	71901
structure, or watercraft and that routinely changes location,	71902
except that if the operation remains at any one location for more	71903
than forty consecutive days, the operation is no longer a mobile	71904
food service operation. "Mobile food service operation" includes a	71905
food service operation that does not remain at any one location	71906
for more than forty consecutive days and serves, in a manner	71907
consistent with division (F) of this section, only frozen	71908
desserts; beverages, nuts, popcorn, candy, or similar confections;	71909
bakery products identified in section 911.01 of the Revised Code;	71910
or any combination of those items.	71911

(J) "Seasonal food service operation" means a food service	71912
operation, other than a mobile food service operation, that is	71913
operated for not more than six months in a licensing period.	71914

(K) "Temporary food service operation" means a food service	71915
operation that is operated at an event for not more than five	71916
consecutive days, except when operated for more than five	71917
consecutive days pursuant to division (E)(2) of section 3717.43 of	71918
the Revised Code.	71919

(L) "Vending machine location" means an area or room where	71920
one or more vending machines are installed and operated, except	71921
that if the machines within an area are separated by more than one	71922
hundred fifty feet, each area separated by that distance	71923
constitutes a separate vending machine location. As used in this	71924
division, "vending machine" means aboth of the following:	71925

(1) A self-service device that automatically dispenses on the	71926
insertion of currency, tokens, or similar means a predetermined	71927
unit serving of food, either in bulk or in package, without having	71928
to be replenished after each use;	71929

(2) A self-service device at which an individual purchases a	71930
predetermined unit serving of food, either in bulk or in package,	71931
by scanning the bar code of the food that was obtained at the	71932
vending machine location.	71933

(M) "Board of health" means a board of health of a city or	71934
general health district or the authority having the duties of a	71935
board of health under section 3709.05 of the Revised Code.	71936

(N) "Government entity" means this state, a political	71937
subdivision of this state, another state, or a political	71938
subdivision or other local government body of another state.	71939

(O) "Licensor" means one of the following:

71940

(1) A board of health approved under section 3717.11 of the	71941
Revised Code;	71942

(2) The director of agriculture acting pursuant to section	71943
3717.11 of the Revised Code with respect to the licensing of	71944
retail food establishments;	71945

(3) The director of health acting pursuant to section 3717.11	71946
of the Revised Code with respect to the licensing of food service	71947
operations.	71948

(P) "Licensing period" means the first day of March to the	71949
last day of February of the next succeeding year.	71950

(Q) "Mobile retail food establishment" means a retail food	71951
establishment that is operated from a movable vehicle or other	71952
portable structure, and that routinely changes location, except	71953
that if the establishment operates from any one location for more	71954
than forty consecutive days, the establishment is no longer a	71955
mobile retail food establishment.	71956

(R) "Unprocessed," when used with respect to fruits and	71957
vegetables, means that the fruits and vegetables are not processed	71958
beyond merely rough trimming and rinsing.	71959

(S) "Cottage food production operation" has the same meaning	71960
as in division (A)(20) of section 3715.01 of the Revised Code.	71961

Sec. 3717.53. (A) As used in this section:

71962

(1) "Food nutrition information" includes, but is not limited	71963
to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar,	71964
potassium, protein, vitamin, mineral, allergen, and sodium content	71965
of food. "Food nutrition information" also includes the	71966
designation of food as healthy or unhealthy.	71967

(2) "Political subdivision" and "local legislation" have the	71968
same meanings as in section 905.501 of the Revised Code.	71969

(3) "Consumer incentive item" means any licensed media	71970
character, toy, game, trading card, contest, point accumulation,	71971
club membership, admission ticket, token, code or password for	71972
digital access, coupon, voucher, incentive, crayons, coloring	71973
placemat, or other premium, prize, or consumer product that is	71974
associated with a meal served by or acquired from a food service	71975
operation.	71976

(B) The director of agriculture has sole and exclusive	71977
authority in this state to regulate the provision of food	71978
nutrition information and consumer incentive items at food service	71979
operations. The director may adopt rules for that purpose in	71980
accordance with Chapter 119. of the Revised Code, including rules	71981
that establish a schedule of civil penalties for violations of	71982
this section and rules adopted under it. Subject to the approval	71983
of the joint committee on agency rule review, portions of the	71984
rules may be adopted by referencing all or any part of any federal	71985
regulations pertaining to the provision of food nutrition	71986
information and consumer incentive items.	71987

The regulation of the provision of food nutrition information	71988
and consumer incentive items at food service operations is a	71989
matter of general statewide interest that requires statewide	71990
regulation, and rules adopted under this section constitute a	71991
comprehensive plan with respect to all aspects of the regulation	71992
of the provision of food nutrition information and consumer	71993
incentive items at food service operations in this state. Rules	71994
adopted under this section shall be applied uniformly throughout	71995
this state.	71996

(C) No political subdivision shall ~~enact~~do any of the	71997
following:	71998

(1) Enact, adopt, or continue in effect local legislation	71999
relating to the provision or nonprovision of food nutrition	72000
information or consumer incentive items at food service	72001
operations;	72002

(2) Condition a license, a permit, or regulatory approval on	72003
the provision or nonprovision of food nutrition information or	72004
consumer incentive items at food service operations;	72005

(3) Ban, prohibit, or otherwise restrict food at food service	72006
operations based on the food nutrition information or on the	72007
provision or nonprovision of consumer incentive items;	72008

(4) Condition a license, a permit, or regulatory approval for	72009
a food service operation on the existence or nonexistence of	72010
food-based health disparities;	72011

(5) Ban, prohibit, or otherwise restrict food service	72012
operations based on the existence or nonexistence of food-based	72013
health disparities.	72014

Sec. 3717.54. (A) No political subdivision shall enact,	72015
adopt, or continue in effect local legislation that bans,	72016
prohibits, or otherwise restricts a food service operation because	72017
that food service operation is characterized as a quick service or	72018
fast food restaurant. The regulation of how food service	72019
operations are characterized is a matter of general statewide	72020
interest that requires uniform statewide regulation, and this	72021
chapter and rules adopted under it constitute a comprehensive plan	72022
with respect to all aspects of food service operations in this	72023
state.	72024

(B) As used in this section, "political subdivision" and	72025
"local legislation" have the same meanings as in section 905.501	72026
of the Revised Code.	72027

Sec. 3719.141. (A) A peace officer may sell any controlled	72028
substance in the performance of the officer's official duties only	72029
if either of the following applies:	72030

(1) A peace officer may sell any controlled substance in the	72031
performance of the officer's official duties if all of the	72032
following apply:	72033

(a) Prior approval for the sale has been given by the	72034
prosecuting attorney of the county in which the sale takes place,	72035
in any manner described in division (B) of this section;	72036

(b) The peace officer who makes the sale determines that the	72037
sale is necessary in the performance of the officer's official	72038
duties;	72039

72040

(i) The person to whom the sale is made or any other person	72041
who is involved in the sale does not know that the officer who	72042
makes the sale is a peace officer, and the peace officer who makes	72043
the sale determines that the sale is necessary to prevent the	72044
person from determining or suspecting that the officer who makes	72045
the sale is a peace officer.	72046

(ii) The peace officer who makes the sale determines that the	72047
sale is necessary to preserve an identity that the peace officer	72048
who makes the sale has assumed in the performance of the officer's	72049
official duties.	72050

(iii) The sale involves a controlled substance that, during	72051
the course of another sale, was intercepted by the peace officer	72052
who makes the sale or any other peace officer who serves the same	72053
agency served by the peace officer who makes the sale; the	72054
intended recipient of the controlled substance in the other sale	72055
does not know that the controlled substance has been so	72056
intercepted; the sale in question is made to the intended	72057
recipient of the controlled substance in the other sale and is	72058
undertaken with the intent of obtaining evidence of a drug abuse	72059
offense against the intended recipient of the controlled	72060
substance; and the sale in question does not involve the transfer	72061
of any money or other thing of value to the peace officer who	72062
makes the sale or any other peace officer who serves the same	72063
agency served by the peace officer who makes the sale in exchange	72064
for the controlled substance.	72065

(d) If the sale is made under the circumstances described in	72066
division (A)(1)(c)(i) or (ii) of this section, no person is	72067
charged with any criminal offense or any delinquent act based upon	72068
the sale unless both of the following apply:	72069

(i) The person also is charged with a criminal offense or a	72070
delinquent act that is based upon an act or omission that is	72071
independent of the sale but that either is connected together with	72072
the sale, or constitutes a part of a common scheme or plan with	72073
the sale, or is part of a course of criminal conduct involving the	72074
sale.	72075

(ii) The criminal offense or delinquent act based upon the	72076
sale and the other criminal offense or delinquent act are charged	72077
in the same indictment, information, or complaint.	72078

(e) The sale is not part of a continuing course of conduct	72079
involving the sale of controlled substances by the peace officer	72080
who makes the sale.	72081

(f) The amount of the controlled substance sold and the scope	72082
of the sale of the controlled substance is as limited as possible	72083
under the circumstances.	72084

(g) Prior to the sale, the law enforcement agency served by	72085
the peace officer who makes the sale has adopted a written	72086
internal control policy that does all of the following:	72087

(i) Addresses the keeping of detailed records as to the	72088
amount of money or other things of value obtained in the sale in	72089
exchange for the controlled substance;	72090

(ii) Addresses the delivery of all moneys or things of value	72091
so obtained to the prosecuting attorney pursuant to division (D)	72092
of this section;	72093

(iii) Addresses the agency's use and disposition of all such	72094
moneys or things of value that are deposited in the law	72095
enforcement trust fund of the sheriff, municipal corporation, or	72096
township, pursuant to division (D) of this section, and that are	72097
used by the sheriff, are allocated to the police department of the	72098
municipal corporation by its legislative authority, or are	72099
allocated by the board of township trustees to the township police	72100
department, township or joint police district police force, or	72101
office of the constable;	72102

(iv) Provides for the keeping of detailed financial records	72103
of the receipts of the proceeds, the general types of expenditures	72104
made out of the proceeds received, and the specific amount of each	72105
general type of expenditure. The policy shall not provide for or	72106
permit the identification of any peace officer involved in the	72107
sale, any information that is or may be needed in an ongoing	72108
investigation, or any specific expenditure that is made in an	72109
ongoing investigation.	72110

(2) A peace officer may sell any controlled substance in the	72111
performance of the officer's official duties if all of the	72112
following apply:	72113

(a) Prior approval for the sale has been given by the	72114
prosecuting attorney of the county in which the sale takes place,	72115
in any manner described in division (B) of this section;	72116

(b) Prior to the sale, the law enforcement agency served by	72117
the peace officer has adopted a written internal control policy	72118
that does the things listed in divisions (A)(1)(g)(i) to (iv) of	72119
this section;	72120

(c) The purchaser of the controlled substance acquires	72121
possession of it in the presence of the peace officer who makes	72122
the sale.	72123

(d) Upon the consummation of the sale, either of the	72124
following occurs:	72125

(i) The peace officer arrests the purchaser of the controlled	72126
substance, recovers it and the proceeds of the sale, and secures	72127
it and the proceeds as evidence to be used in a subsequent	72128
prosecution.	72129

(ii) The peace officer makes a reasonable, good faith effort	72130
to arrest the purchaser of the controlled substance and to recover	72131
the controlled substance and the proceeds of the sale, but the	72132
officer is unable to make the arrest and recover all of the	72133
controlled substance and proceeds for reasons beyond the officer's	72134
control, and the peace officer secures all of the controlled	72135
substance recovered and all of the proceeds recovered as evidence	72136
to be used in a subsequent prosecution.	72137

(B) The approval of a prosecuting attorney required by	72138
division (A)(1)(a) or (2)(a) of this section may be in either of	72139
the following forms:	72140

(1) A general approval that is given by the prosecuting	72141
attorney to the peace officer who makes the sale or to the law	72142
enforcement agency served by that peace officer, that grants	72143
approval only to that peace officer, and that grants approval for	72144
any such sale that may be necessary, after the approval has been	72145
granted, under the standards described in division (A)(1) or (2)	72146
of this section;	72147

(2) A specific approval that is given by the prosecuting	72148
attorney to the peace officer who makes the sale or to the law	72149
enforcement agency served by that peace officer, and that grants	72150
approval only to that peace officer and only for the particular	72151
sale in question, under the standards described in division (A)(1)	72152
or (2) of this section.	72153

(C) If a peace officer sells a controlled substance in the	72154
performance of the officer's official duties under division (A)(1)	72155
or (2) of this section, the peace officer, within a reasonable	72156
time after the sale, shall provide the prosecuting attorney who	72157
granted approval for the sale with a written summary that	72158
identifies the amount and type of controlled substance sold, the	72159
circumstances of the sale, and the amount of any money or other	72160
thing of value obtained in the sale in exchange for the controlled	72161
substance. The summary shall not identify or enable the	72162
identification of any peace officer involved in the sale and shall	72163
not contain any information that is or may be needed in an ongoing	72164
investigation.	72165

(D)(1) Except as provided in division (D)(2) of this section,	72166
if a peace officer sells a controlled substance in the performance	72167
of the officer's official duties under division (A)(1) or (2) of	72168
this section, the peace officer, as soon as possible after the	72169
sale, shall deliver all money or other things of value obtained in	72170
the sale in exchange for the controlled substance to the	72171
prosecuting attorney who granted approval for the sale. The	72172
prosecuting attorney shall safely keep all money and other things	72173
of value the prosecuting attorney receives under this division for	72174
use as evidence in any criminal action or delinquency proceeding	72175
based upon the sale. All money so received by a prosecuting	72176
attorney that no longer is needed as evidence in any criminal	72177
action or delinquency proceeding shall be deposited by the	72178
prosecuting attorney in the law enforcement trust fund of the	72179
sheriff if the peace officer who made the sale is the sheriff or a	72180
deputy sheriff or the law enforcement trust fund of a municipal	72181
corporation or township if it is served by the peace officer who	72182
made the sale, as established pursuant to section 2981.13 of the	72183
Revised Code, and upon deposit shall be expended only as provided	72184
in that section. All other things of value so received by a	72185
prosecuting attorney that no longer are needed as evidence in any	72186
criminal action or delinquency proceeding shall be disposed of,	72187
without appraisal, at a public auction to the highest bidder for	72188
cash; the proceeds of the sale shall be deposited by the	72189
prosecuting attorney in the law enforcement trust fund of the	72190
sheriff if the peace officer who made the sale is the sheriff or a	72191
deputy sheriff or the law enforcement trust fund of a municipal	72192
corporation or township if it is served by the peace officer who	72193
made the sale, as established pursuant to section 2981.13 of the	72194
Revised Code, and upon deposit shall be expended only as provided	72195
in that section. Each law enforcement agency that uses any money	72196
that was deposited in a law enforcement trust fund pursuant to	72197
this division shall comply with the written internal control	72198
policy adopted by the agency, as required by division (A)(1)(g) or	72199
(2)(b) of this section, in its use of the money.	72200

(2) Division (D)(1) of this section does not apply in	72201
relation to a peace officer who sells a controlled substance in	72202
the performance of the officer's official duties under division	72203
(A)(1) of this section in any of the following circumstances:	72204

(a) The person to whom the sale is made or any other person	72205
who is involved in the sale does not know that the officer is a	72206
peace officer, and, if the officer were to retain and deliver the	72207
money or other things of value to the prosecuting attorney, the	72208
person would determine or suspect that the officer is a peace	72209
officer.	72210

(b) If the officer were to retain and deliver the money or	72211
other things of value to the prosecuting attorney, an identity	72212
that has been assumed in the performance of the officer's official	72213
duties would not be preserved.	72214

(c) The sale is made under the circumstances described in	72215
division (A)(1)(c)(iii) of this section.	72216

(3) If division (D)(1) of this section does not apply in	72217
relation to a peace officer who sells a controlled substance in	72218
the performance of the officer's official duties under division	72219
(A)(1) of this section due to the operation of division (D)(2) of	72220
this section, the peace officer, as soon as possible after the	72221
sale, shall deliver to the prosecuting attorney who granted	72222
approval for the sale a written summary that describes the	72223
circumstances of the sale and the reason for which division (D)(1)	72224
of this section does not apply. The summary shall not identify or	72225
enable the identification of any peace officer involved in the	72226
sale and shall not contain any information that is or may be	72227
needed in an ongoing investigation.	72228

(E)(1) A written internal control policy adopted by a law	72229
enforcement agency that is served by a peace officer who sells a	72230
controlled substance under division (A)(1) or (2) of this section,	72231
as required by division (A)(1)(g) or (2)(b) of this section, is a	72232
public record open for inspection under section 149.43 of the	72233
Revised Code. Each law enforcement agency that adopts a written	72234
internal control policy of that nature shall comply with it in	72235
relation to any sale of a controlled substance under division	72236
(A)(1) or (2) of this section. All records as to the amount of	72237
money or things of value obtained in the sale of a controlled	72238
substance, in exchange for the controlled substance, and all	72239
financial records of the receipts of the proceeds, the general	72240
types of expenditures made out of the proceeds received, and the	72241
specific amounts of each general type of expenditure by a law	72242
enforcement agency in relation to any sale of a controlled	72243
substance under division (A)(1) or (2) of this section are public	72244
records open for inspection under section 149.43 of the Revised	72245
Code.	72246

(2) A summary required by division (C) or (D)(3) of this	72247
section is a public record open for inspection under section	72248
149.43 of the Revised Code.	72249

(F)(1) Each prosecuting attorney who grants approval for a	72250
sale of controlled substances by a peace officer and who receives	72251
in any calendar year one or more summaries under division (C) of	72252
this section relative to the sale of a controlled substance by a	72253
peace officer shall prepare a report covering the calendar year	72254
that cumulates all of the information contained in each of the	72255
summaries so received in the calendar year and shall send the	72256
cumulative report, no later than the first day of March in the	72257
calendar year following the calendar year covered by the report,	72258
to the attorney general.	72259

(2) Each prosecuting attorney who receives any money or any	72260
other thing of value under division (D)(1) of this section shall	72261
keep detailed financial records of the receipts and dispositions	72262
of all such moneys or things of value so received. No record of	72263
that nature shall identify, or enable the identification of, any	72264
person from whom money or another thing of value was received as a	72265
result of the sale of a controlled substance under division (A)(1)	72266
or (2) of this section or contain any information that is or may	72267
be needed in an ongoing investigation. Each record of that nature	72268
is a public record open for inspection under section 149.43 of the	72269
Revised Code and shall include, but is not limited to, all of the	72270
following information:	72271

(a) The identity of each law enforcement agency that has so	72272
delivered any money or other thing of value to the prosecuting	72273
attorney;	72274

(b) The total amount of money or other things of value so	72275
received from each law enforcement agency;	72276

(c) The disposition made under this section of all money or	72277
other things of value so received.	72278

(G) Divisions (A) to (F) of this section do not apply to any	72279
peace officer, or to any officer, agent, or employee of the United	72280
States, who is operating under the management and direction of the	72281
United States department of justice. Any peace officer, or any	72282
officer, agent, or employee of the United States, who is operating	72283
under the management and direction of the United States department	72284
of justice may sell a controlled substance in the performance of	72285
the officer's, agent's, or employee's official duties if the sale	72286
is made in accordance with federal statutes and regulations.	72287

(H) As used in this section, "peace officer" has the same	72288
meaning as in section 2935.01 of the Revised Code and also	72289
includes a special agent of the bureau of criminal identification	72290
and investigation.	72291

Sec. 3719.41. Controlled substance schedules I, II, III, IV,	72292
and V are hereby established, which schedules include the	72293
following, subject to amendment pursuant to section 3719.43 or	72294
3719.44 of the Revised Code.	72295

SCHEDULE I	72296

(A) Narcotics-opiates

72297

Any of the following opiates, including their isomers,	72298
esters, ethers, salts, and salts of isomers, esters, and ethers,	72299
unless specifically excepted under federal drug abuse control	72300
laws, whenever the existence of these isomers, esters, ethers, and	72301
salts is possible within the specific chemical designation:	72302

(1) Acetyl-alpha-methylfentanyl	72303
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);	72304

(2) Acetylmethadol;

72305

(3) Allylprodine;

72306

(4) Alphacetylmethadol (except levo-alphacetylmethadol, also	72307
known as levo-alpha-acetylmethadol, levomethadyl acetate, or	72308
LAAM);	72309

(5) Alphameprodine;

72310

(6) Alphamethadol;

72311

(7) Alpha-methylfentanyl	72312
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide;	72313
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);	72314

(8) Alpha-methylthiofentanyl	72315
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-	72316
phenylpropanamide);	72317

(9) Benzethidine;

72318

(10) Betacetylmethadol;

72319

(11) Beta-hydroxyfentanyl	72320
(N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N- phenylpropanamide);	72321

(12) Beta-hydroxy-3-methylfentanyl (other name:	72322
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-	72323
phenylpropanamide);	72324

(13) Betameprodine;

72325

(14) Betamethadol;

72326

(15) Betaprodine;

72327

(16) Clonitazene;

72328

(17) Dextromoramide;

72329

(18) Diampromide;

72330

(19) Diethylthiambutene;

72331

(20) Difenoxin;

72332

(21) Dimenoxadol;

72333

(22) Dimepheptanol;

72334

(23) Dimethylthiambutene;

72335

(24) Dioxaphetyl butyrate;

72336

(25) Dipipanone;

72337

(26) Ethylmethylthiambutene;

72338

(27) Etonitazene;

72339

(28) Etoxeridine;

72340

(29) Furethidine;

72341

(30) Hydroxypethidine;

72342

(31) Ketobemidone;

72343

(32) Levomoramide;

72344

(33) Levophenacylmorphan;

72345

(34) 3-methylfentanyl	72346
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide);	72347

(35) 3-methylthiofentanyl	72348
(N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N-	72349
phenylpropanamide);	72350

(36) Morpheridine;

72351

(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

72352

(38) Noracymethadol;

72353

(39) Norlevorphanol;

72354

(40) Normethadone;

72355

(41) Norpipanone;

72356

(42) Para-fluorofentanyl	72357
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide;	72358

(43) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine;

72359

(44) Phenadoxone;

72360

(45) Phenampromide;

72361

(46) Phenomorphan;

72362

(47) Phenoperidine;

72363

(48) Piritramide;

72364

(49) Proheptazine;

72365

(50) Properidine;

72366

(51) Propiram;

72367

(52) Racemoramide;

72368

(53) Thiofentanyl	72369
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;	72370

(54) Tilidine;

72371

(55) Trimeperidine.

72372

(B) Narcotics-opium derivatives

72373

Any of the following opium derivatives, including their	72374
salts, isomers, and salts of isomers, unless specifically excepted	72375
under federal drug abuse control laws, whenever the existence of	72376
these salts, isomers, and salts of isomers is possible within the	72377
specific chemical designation:	72378

(1) Acetorphine;

72379

(2) Acetyldihydrocodeine;

72380

(3) Benzylmorphine;

72381

(4) Codeine methylbromide;

72382

(5) Codeine-n-oxide;

72383

(6) Cyprenorphine;

72384

(7) Desomorphine;

72385

(8) Dihydromorphine;

72386

(9) Drotebanol;

72387

(10) Etorphine (except hydrochloride salt);

72388

(11) Heroin;

72389

(12) Hydromorphinol;

72390

(13) Methyldesorphine;

72391

(14) Methyldihydromorphine;

72392

(15) Morphine methylbromide;

72393

(16) Morphine methylsulfonate;

72394

(17) Morphine-n-oxide;

72395

(18) Myrophine;

72396

(19) Nicocodeine;

72397

(20) Nicomorphine;

72398

(21) Normorphine;

72399

(22) Pholcodine;

72400

(23) Thebacon.

72401

72402

Any material, compound, mixture, or preparation that contains	72403
any quantity of the following hallucinogenic substances, including	72404
their salts, isomers, and salts of isomers, unless specifically	72405
excepted under federal drug abuse control laws, whenever the	72406
existence of these salts, isomers, and salts of isomers is	72407
possible within the specific chemical designation. For the	72408
purposes of this division only, "isomer" includes the optical	72409
isomers, position isomers, and geometric isomers.	72410

(1) Alpha-ethyltryptamine (some trade or other names:	72411
etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine;	72412
3-(2-aminobutyl) indole; alpha-ET; and AET);	72413

(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other	72414
names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine;	72415
4-bromo-2,5-DMA);	72416

(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other	72417
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane;	72418
alpha-desmethyl DOB; 2C-B, Nexus);	72419

(4) 2,5-dimethoxyamphetamine (some trade or other names:	72420
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);	72421

(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other	72422
names: DOET);	72423

(6) 4-methoxyamphetamine (some trade or other names:	72424
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;	72425
PMA);	72426

(7) 5-methoxy-3,4-methylenedioxy-amphetamine;

72427

(8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other	72428
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"	72429
and "STP");	72430

(9) 3,4-methylenedioxy amphetamine;

72431

(10) 3,4-methylenedioxymethamphetamine (MDMA);

72432

(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as	72433
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl	72434
MDA, MDE, MDEA);	72435

(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as	72436
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and	72437
N-hydroxy MDA);	72438

(13) 3,4,5-trimethoxy amphetamine;

72439

(14) Bufotenine (some trade or other names:	72440
3-(beta-dimethylaminoethyl)-5-hydroxyindole;	72441
3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;	72442
5-hydroxy-N, N-dimethyltryptamine; mappine);	72443

(15) Diethyltryptamine (some trade or other names: N,	72444
N-diethyltryptamine; DET);	72445

(16) Dimethyltryptamine (some trade or other names: DMT);

72446

(17) Ibogaine (some trade or other names:	72447
7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-	72448
5H-pyrido[1',2':1,2] azepino [5, 4-b] indole; tabernanthe iboga);	72449

(18) Lysergic acid diethylamide;

72450

(19) Marihuana;

72451

(20) Mescaline;

72452

(21) Parahexyl (some trade or other names: 3-hexyl-1-	72453
hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran;	72454
synhexyl);	72455

(22) Peyote (meaning all parts of the plant presently	72456
classified botanically as "Lophophora williamsii Lemaire," whether	72457
growing or not, the seeds of that plant, any extract from any part	72458
of that plant, and every compound, manufacture, salts, derivative,	72459
mixture, or preparation of that plant, its seeds, or its	72460
extracts);	72461

(23) N-ethyl-3-piperidyl benzilate;

72462

(24) N-methyl-3-piperidyl benzilate;

72463

(25) Psilocybin;

72464

(26) Psilocyn;

72465

(27) Tetrahydrocannabinols (synthetic equivalents of the	72466
substances contained in the plant, or in the resinous extractives	72467
of Cannabis, sp. and/or synthetic substances, derivatives, and	72468
their isomers with similar chemical structure and pharmacological	72469
activity such as the following: delta-1-cis or trans	72470
tetrahydrocannabinol, and their optical isomers; delta-6-cis or	72471
trans tetrahydrocannabinol, and their optical isomers;	72472
delta-3,4-cis or trans tetrahydrocannabinol, and its optical	72473
isomers. (Since nomenclature of these substances is not	72474
internationally standardized, compounds of these structures,	72475
regardless of numerical designation of atomic positions, are	72476
covered.));	72477

(28) Ethylamine analog of phencyclidine (some trade or other	72478
names: N-ethyl-1-phenylcyclohexylamine;	72479
(1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine;	72480
cyclohexamine; PCE);	72481

(29) Pyrrolidine analog of phencyclidine (some trade or other	72482
names: 1-(1-phenylcyclohexyl)pyrrolidine; PCPy; PHP);	72483

(30) Thiophene analog of phencyclidine (some trade or other	72484
names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog	72485
of phencyclidine; TPCP; TCP);	72486

(31) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine;

72487

(32) Hashish;

72488

(33) Salvia divinorum;

72489

(34) Salvinorin A;

72490

(35) Methylone (3,4-methylenedioxymethcathinone);

72491

(36) MDPV (3,4-methyenedioxypyrovalerone);

72492

(37) Mephedrone (4-methylmethcathinone);

72493

(38) 4-methoxymethcathinone;

72494

(39) 4-fluoromethcathinone;

72495

(40) 3-fluoromethcathinone.

72496

(D) Depressants

72497

Any material, compound, mixture, or preparation that contains	72498
any quantity of the following substances having a depressant	72499
effect on the central nervous system, including their salts,	72500
isomers, and salts of isomers, unless specifically excepted under	72501
federal drug abuse control laws, whenever the existence of these	72502
salts, isomers, and salts of isomers is possible within the	72503
specific chemical designation:	72504

(1) Mecloqualone;

72505

(2) Methaqualone.

72506

(E) Stimulants

72507

Unless specifically excepted or unless listed in another	72508
schedule, any material, compound, mixture, or preparation that	72509
contains any quantity of the following substances having a	72510
stimulant effect on the central nervous system, including their	72511
salts, isomers, and salts of isomers:	72512

(1) Aminorex (some other names: aminoxaphen;	72513
2-amino-5-phenyl-2-oxazoline; or	72514
4,5-dihydro-5-phenyl-2-oxazolamine);	72515

(2) Cathinone (some trade or other names:	72516
2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,	72517
2-aminopropiophenone, and norephedrone);	72518

(3) Fenethylline;

72519

(4) Methcathinone (some other names:	72520
2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone;	72521
2-methylamino)-1-phenylpropan-1-one;	72522
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone;	72523
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and	72524
UR1432, its salts, optical isomers, and salts of optical isomers;	72525

(5) (+/-)cis-4-methylaminorex	72526
((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);	72527

(6) N-ethylamphetamine;

72528

(7) N,N-dimethylamphetamine (also known as	72529
N,N-alpha-trimethyl-benzeneethanamine;	72530
N,N-alpha-trimethylphenethylamine).	72531

SCHEDULE II	72532

(A) Narcotics-opium and opium derivatives

72533

Unless specifically excepted under federal drug abuse control	72534
laws or unless listed in another schedule, any of the following	72535
substances whether produced directly or indirectly by extraction	72536
from substances of vegetable origin, independently by means of	72537
chemical synthesis, or by a combination of extraction and chemical	72538
synthesis:	72539

(1) Opium and opiate, and any salt, compound, derivative, or	72540
preparation of opium or opiate, excluding apomorphine,	72541
thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene,	72542
naloxone, and naltrexone, and their respective salts, but	72543
including the following:	72544

(a) Raw opium;

72545

(b) Opium extracts;

72546

72547

(d) Powdered opium;

72548

(e) Granulated opium;

72549

(f) Tincture of opium;

72550

(g) Codeine;

72551

(h) Ethylmorphine;

72552

(i) Etorphine hydrochloride;

72553

(j) Hydrocodone;

72554

(k) Hydromorphone;

72555

(l) Metopon;

72556

(m) Morphine;

72557

(n) Oxycodone;

72558

(o) Oxymorphone;

72559

(p) Thebaine.

72560

(2) Any salt, compound, derivative, or preparation thereof	72561
that is chemically equivalent to or identical with any of the	72562
substances referred to in division (A)(1) of this schedule, except	72563
that these substances shall not include the isoquinoline alkaloids	72564
of opium;	72565

(3) Opium poppy and poppy straw;

72566

(4) Coca leaves and any salt, compound, derivative, or	72567
preparation of coca leaves (including cocaine and ecgonine, their	72568
salts, isomers, and derivatives, and salts of those isomers and	72569
derivatives), and any salt, compound, derivative, or preparation	72570
thereof that is chemically equivalent to or identical with any of	72571
these substances, except that the substances shall not include	72572
decocainized coca leaves or extraction of coca leaves, which	72573
extractions do not contain cocaine or ecgonine;	72574

(5) Concentrate of poppy straw (the crude extract of poppy	72575
straw in either liquid, solid, or powder form that contains the	72576
phenanthrene alkaloids of the opium poppy).	72577

(B) Narcotics-opiates

72578

Unless specifically excepted under federal drug abuse control	72579
laws or unless listed in another schedule, any of the following	72580
opiates, including their isomers, esters, ethers, salts, and salts	72581
of isomers, esters, and ethers, whenever the existence of these	72582
isomers, esters, ethers, and salts is possible within the specific	72583
chemical designation, but excluding dextrorphan and	72584
levopropoxyphene:	72585

(1) Alfentanil;

72586

(2) Alphaprodine;

72587

(3) Anileridine;

72588

(4) Bezitramide;

72589

(5) Bulk dextropropoxyphene (non-dosage forms);

72590

(6) Carfentanil;

72591

(7) Dihydrocodeine;

72592

(8) Diphenoxylate;

72593

(9) Fentanyl;

72594

(10) Isomethadone;

72595

(11) Levo-alphacetylmethadol (some other names:	72596
levo-alpha-acetylmethadol; levomethadyl acetate; LAAM);	72597

(12) Levomethorphan;

72598

(13) Levorphanol;

72599

(14) Metazocine;

72600

(15) Methadone;

72601

(16) Methadone-intermediate,	72602
4-cyano-2-dimethylamino-4,4-diphenyl butane;	72603

(17) Moramide-intermediate,	72604
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;	72605

(18) Pethidine (meperidine);

72606

(19) Pethidine-intermediate-A,	72607
4-cyano-1-methyl-4-phenylpiperidine;	72608

(20) Pethidine-intermediate-B,	72609
ethyl-4-phenylpiperidine-4-carboxylate;	72610

(21) Pethidine-intermediate-C,	72611
1-methyl-4-phenylpiperidine-4-carboxylic acid;	72612

(22) Phenazocine;

72613

(23) Piminodine;

72614

(24) Racemethorphan;

72615

(25) Racemorphan;

72616

(26) Remifentanil;

72617

(27) Sufentanil.

72618

72619

Unless specifically excepted under federal drug abuse control	72620
laws or unless listed in another schedule, any material, compound,	72621
mixture, or preparation that contains any quantity of the	72622
following substances having a stimulant effect on the central	72623
nervous system:	72624

(1) Amphetamine, its salts, its optical isomers, and salts of	72625
its optical isomers;	72626

(2) Methamphetamine, its salts, its isomers, and salts of its	72627
isomers;	72628

(3) Methylphenidate;

72629

(4) Phenmetrazine and its salts.

72630

(D) Depressants

72631

Unless specifically excepted under federal drug abuse control	72632
laws or unless listed in another schedule, any material, compound,	72633
mixture, or preparation that contains any quantity of the	72634
following substances having a depressant effect on the central	72635
nervous system, including their salts, isomers, and salts of	72636
isomers, whenever the existence of these salts, isomers, and salts	72637
of isomers is possible within the specific chemical designation:	72638

(1) Amobarbital;

72639

(2) Gamma-hydroxy-butyrate;

72640

(3) Glutethimide;

72641

(4) Pentobarbital;

72642

(5) Phencyclidine (some trade or other names:	72643
1-(1-phenylcyclohexyl)piperidine; PCP);	72644

(6) Secobarbital;

72645

(7) 1-aminophenylcyclohexane and all N-mono-substituted	72646
and/or all N-N-disubstituted analogs including, but not limited	72647
to, the following:	72648

(a) 1-phenylcyclohexylamine;

72649

(b) (1-phenylcyclohexyl) methylamine;

72650

72651

(d) (1-phenylcyclohexyl) methylethylamine;

72652

(e) (1-phenylcyclohexyl) isopropylamine;

72653

(f) 1-(1-phenylcyclohexyl) morpholine.

72654

(E) Hallucinogenic substances

72655

(1) Nabilone (another name for nabilone:	72656
(+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-	72657
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one);	72658

(2) Formaldehyde.

72659

(F) Immediate precursors

72660

Unless specifically excepted under federal drug abuse control	72661
laws or unless listed in another schedule, any material, compound,	72662
mixture, or preparation that contains any quantity of the	72663
following substances:	72664

(1) Immediate precursor to amphetamine and methamphetamine:

72665

(a) Phenylacetone (some trade or other names:	72666
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl	72667
ketone);	72668

(2) Immediate precursors to phencyclidine (PCP):

72669

(a) 1-phenylcyclohexylamine;

72670

(b) 1-piperidinocyclohexanecarbonitrile (PCC).

72671

SCHEDULE III	72672

(A) Stimulants

72673

Unless specifically excepted under federal drug abuse control	72674
laws or unless listed in another schedule, any material, compound,	72675
mixture, or preparation that contains any quantity of the	72676
following substances having a stimulant effect on the central	72677
nervous system, including their salts, their optical isomers,	72678
position isomers, or geometric isomers, and salts of these	72679
isomers, whenever the existence of these salts, isomers, and salts	72680
of isomers is possible within the specific chemical designation:	72681

(1) All stimulant compounds, mixtures, and preparations	72682
included in schedule III pursuant to the federal drug abuse	72683
control laws and regulations adopted under those laws;	72684

(2) Benzphetamine;

72685

(3) Chlorphentermine;

72686

(4) Clortermine;

72687

(5) Phendimetrazine.

72688

(B) Depressants

72689

Unless specifically excepted under federal drug abuse control	72690
laws or unless listed in another schedule, any material, compound,	72691
mixture, or preparation that contains any quantity of the	72692
following substances having a depressant effect on the central	72693
nervous system:	72694

(1) Any compound, mixture, or preparation containing	72695
amobarbital, secobarbital, pentobarbital, or any salt of any of	72696
these drugs, and one or more other active medicinal ingredients	72697
that are not listed in any schedule;	72698

(2) Any suppository dosage form containing amobarbital,	72699
secobarbital, pentobarbital, or any salt of any of these drugs and	72700
approved by the food and drug administration for marketing only as	72701
a suppository;	72702

(3) Any substance that contains any quantity of a derivative	72703
of barbituric acid or any salt of a derivative of barbituric acid;	72704

(4) Chlorhexadol;

72705

(5) Ketamine, its salts, isomers, and salts of isomers (some	72706
other names for ketamine:	72707
(+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone);	72708

(6) Lysergic acid;

72709

(7) Lysergic acid amide;

72710

(8) Methyprylon;

72711

(9) Sulfondiethylmethane;

72712

(10) Sulfonethylmethane;

72713

(11) Sulfonmethane;

72714

(12) Tiletamine, zolazepam, or any salt of tiletamine or	72715
zolazepam (some trade or other names for a tiletamine-zolazepam	72716
combination product: Telazol); (some trade or other names for	72717
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some	72718
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-	72719
dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one;	72720
flupyrazapon).	72721

72722

(1) Nalorphine.

72723

(D) Narcotics-narcotic preparations

72724

Unless specifically excepted under federal drug abuse control	72725
laws or unless listed in another schedule, any material, compound,	72726
mixture, or preparation that contains any of the following	72727
narcotic drugs, or their salts calculated as the free anhydrous	72728
base or alkaloid, in limited quantities as set forth below:	72729

(1) Not more than 1.8 grams of codeine per 100 milliliters or	72730
not more than 90 milligrams per dosage unit, with an equal or	72731
greater quantity of an isoquinoline alkaloid of opium;	72732

(2) Not more than 1.8 grams of codeine per 100 milliliters or	72733
not more than 90 milligrams per dosage unit, with one or more	72734
active, nonnarcotic ingredients in recognized therapeutic amounts;	72735

(3) Not more than 300 milligrams of dihydrocodeinone per 100	72736
milliliters or not more than 15 milligrams per dosage unit, with a	72737
fourfold or greater quantity of an isoquinoline alkaloid of opium;	72738

(4) Not more than 300 milligrams of dihydrocodeinone per 100	72739
milliliters or not more than 15 milligrams per dosage unit, with	72740
one or more active, nonnarcotic ingredients in recognized	72741
therapeutic amounts;	72742

(5) Not more than 1.8 grams of dihydrocodeine per 100	72743
milliliters or not more than 90 milligrams per dosage unit, with	72744
one or more active, nonnarcotic ingredients in recognized	72745
therapeutic amounts;	72746

(6) Not more than 300 milligrams of ethylmorphine per 100	72747
milliliters or not more than 15 milligrams per dosage unit, with	72748
one or more active, nonnarcotic ingredients in recognized	72749
therapeutic amounts;	72750

(7) Not more than 500 milligrams of opium per 100 milliliters	72751
or per 100 grams or not more than 25 milligrams per dosage unit,	72752
with one or more active, nonnarcotic ingredients in recognized	72753
therapeutic amounts;	72754

(8) Not more than 50 milligrams of morphine per 100	72755
milliliters or per 100 grams, with one or more active, nonnarcotic	72756
ingredients in recognized therapeutic amounts.	72757

(E) Anabolic steroids

72758

Unless specifically excepted under federal drug abuse control	72759
laws or unless listed in another schedule, any material, compound,	72760
mixture, or preparation that contains any quantity of the	72761
following substances, including their salts, esters, isomers, and	72762
salts of esters and isomers, whenever the existence of these	72763
salts, esters, and isomers is possible within the specific	72764
chemical designation:	72765

(1) Anabolic steroids. Except as otherwise provided in	72766
division (E)(1) of schedule III, "anabolic steroids" means any	72767
drug or hormonal substance that is chemically and	72768
pharmacologically related to testosterone (other than estrogens,	72769
progestins, and corticosteroids) and that promotes muscle growth.	72770
"Anabolic steroids" does not include an anabolic steroid that is	72771
expressly intended for administration through implants to cattle	72772
or other nonhuman species and that has been approved by the United	72773
States secretary of health and human services for that	72774
administration, unless a person prescribes, dispenses, or	72775
distributes this type of anabolic steroid for human use. "Anabolic	72776
steroid" includes, but is not limited to, the following:	72777

(a) Boldenone;

72778

(b) Chlorotestosterone (4-chlortestosterone);

72779

72780

(d) Dehydrochlormethyltestosterone;

72781

(e) Dihydrotestosterone (4-dihydrotestosterone);

72782

(f) Drostanolone;

72783

(g) Ethylestrenol;

72784

(h) Fluoxymesterone;

72785

(i) Formebulone (formebolone);

72786

(j) Mesterolone;

72787

(k) Methandienone;

72788

(l) Methandranone;

72789

(m) Methandriol;

72790

(n) Methandrostenolone;

72791

(o) Methenolone;

72792

(p) Methyltestosterone;

72793

(q) Mibolerone;

72794

(r) Nandrolone;

72795

(s) Norethandrolone;

72796

(t) Oxandrolone;

72797

(u) Oxymesterone;

72798

(v) Oxymetholone;

72799

(w) Stanolone;

72800

(x) Stanozolol;

72801

(y) Testolactone;

72802

(z) Testosterone;

72803

(aa) Trenbolone;

72804

(bb) Any salt, ester, isomer, or salt of an ester or isomer	72805
of a drug or hormonal substance described or listed in division	72806
(E)(1) of schedule III if the salt, ester, or isomer promotes	72807
muscle growth.	72808

(F) Hallucinogenic substances

72809

(1) Dronabinol (synthetic) in sesame oil and encapsulated in	72810
a soft gelatin capsule in a United States food and drug	72811
administration approved drug product (some other names for	72812
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-	72813
6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or	72814
(-)-delta-9-(trans)-tetrahydrocannabinol).	72815

SCHEDULE IV	72816

(A) Narcotic drugs

72817

Unless specifically excepted by federal drug abuse control	72818
laws or unless listed in another schedule, any material, compound,	72819
mixture, or preparation that contains any of the following	72820
narcotic drugs, or their salts calculated as the free anhydrous	72821
base or alkaloid, in limited quantities as set forth below:	72822

(1) Not more than one milligram of difenoxin and not less	72823
than 25 micrograms of atropine sulfate per dosage unit;	72824

(2) Dextropropoxyphene	72825
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-	72826
propionoxybutane)[final dosage forms].	72827

(B) Depressants

72828

Unless specifically excepted under federal drug abuse control	72829
laws or unless listed in another schedule, any material, compound,	72830
mixture, or preparation that contains any quantity of the	72831
following substances, including their salts, isomers, and salts of	72832
isomers, whenever the existence of these salts, isomers, and salts	72833
of isomers is possible within the specific chemical designation:	72834

(1) Alprazolam;

72835

(2) Barbital;

72836

(3) Bromazepam;

72837

(4) Camazepam;

72838

(5) Chloral betaine;

72839

(6) Chloral hydrate;

72840

(7) Chlordiazepoxide;

72841

(8) Clobazam;

72842

(9) Clonazepam;

72843

(10) Clorazepate;

72844

(11) Clotiazepam;

72845

(12) Cloxazolam;

72846

(13) Delorazepam;

72847

(14) Diazepam;

72848

(15) Estazolam;

72849

(16) Ethchlorvynol;

72850

(17) Ethinamate;

72851

(18) Ethyl loflazepate;

72852

(19) Fludiazepam;

72853

(20) Flunitrazepam;

72854

(21) Flurazepam;

72855

(22) Halazepam;

72856

(23) Haloxazolam;

72857

(24) Ketazolam;

72858

(25) Loprazolam;

72859

(26) Lorazepam;

72860

(27) Lormetazepam;

72861

(28) Mebutamate;

72862

(29) Medazepam;

72863

(30) Meprobamate;

72864

(31) Methohexital;

72865

(32) Methylphenobarbital (mephobarbital);

72866

(33) Midazolam;

72867

(34) Nimetazepam;

72868

(35) Nitrazepam;

72869

(36) Nordiazepam;

72870

(37) Oxazepam;

72871

(38) Oxazolam;

72872

(39) Paraldehyde;

72873

(40) Petrichloral;

72874

(41) Phenobarbital;

72875

(42) Pinazepam;

72876

(43) Prazepam;

72877

(44) Quazepam;

72878

(45) Temazepam;

72879

(46) Tetrazepam;

72880

(47) Triazolam;

72881

(48) Zaleplon;

72882

(49) Zolpidem.

72883

72884

Any material, compound, mixture, or preparation that contains	72885
any quantity of the following substances, including their salts,	72886
their optical isomers, position isomers, or geometric isomers, and	72887
salts of these isomers, whenever the existence of these salts,	72888
isomers, and salts of isomers is possible within the specific	72889
chemical designation:	72890

(1) Fenfluramine.

72891

(D) Stimulants

72892

Unless specifically excepted under federal drug abuse control	72893
laws or unless listed in another schedule, any material, compound,	72894
mixture, or preparation that contains any quantity of the	72895
following substances having a stimulant effect on the central	72896
nervous system, including their salts, their optical isomers,	72897
position isomers, or geometric isomers, and salts of these	72898
isomers, whenever the existence of these salts, isomers, and salts	72899
of isomers is possible within the specific chemical designation:	72900

(1) Cathine ((+)-norpseudoephedrine);

72901

(2) Diethylpropion;

72902

(3) Fencamfamin;

72903

(4) Fenproporex;

72904

(5) Mazindol;

72905

(6) Mefenorex;

72906

(7) Modafinil;

72907

(8) Pemoline (including organometallic complexes and chelates	72908
thereof);	72909

(9) Phentermine;

72910

(10) Pipradrol;

72911

(11) Sibutramine;

72912

(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane].

72913

(E) Other substances

72914

Unless specifically excepted under federal drug abuse control	72915
laws or unless listed in another schedule, any material, compound,	72916
mixture, or preparation that contains any quantity of the	72917
following substances, including their salts:	72918

(1) Pentazocine;

72919

(2) Butorphanol (including its optical isomers).

72920

SCHEDULE V	72921

(A) Narcotic drugs

72922

Unless specifically excepted under federal drug abuse control	72923
laws or unless listed in another schedule, any material, compound,	72924
mixture, or preparation that contains any of the following	72925
narcotic drugs, and their salts, as set forth below:	72926

(1) Buprenorphine.

72927

(B) Narcotics-narcotic preparations

72928

Narcotic drugs containing non-narcotic active medicinal	72929
ingredients. Any compound, mixture, or preparation that contains	72930
any of the following narcotic drugs, or their salts calculated as	72931
the free anhydrous base or alkaloid, in limited quantities as set	72932
forth below, and that includes one or more nonnarcotic active	72933
medicinal ingredients in sufficient proportion to confer upon the	72934
compound, mixture, or preparation valuable medicinal qualities	72935
other than those possessed by narcotic drugs alone:	72936

(1) Not more than 200 milligrams of codeine per 100	72937
milliliters or per 100 grams;	72938

(2) Not more than 100 milligrams of dihydrocodeine per 100	72939
milliliters or per 100 grams;	72940

(3) Not more than 100 milligrams of ethylmorphine per 100	72941
milliliters or per 100 grams;	72942

(4) Not more than 2.5 milligrams of diphenoxylate and not	72943
less than 25 micrograms of atropine sulfate per dosage unit;	72944

(5) Not more than 100 milligrams of opium per 100 milliliters	72945
or per 100 grams;	72946

(6) Not more than 0.5 milligram of difenoxin and not less	72947
than 25 micrograms of atropine sulfate per dosage unit.	72948

72949

Unless specifically exempted or excluded under federal drug	72950
abuse control laws or unless listed in another schedule, any	72951
material, compound, mixture, or preparation that contains any	72952
quantity of the following substances having a stimulant effect on	72953
the central nervous system, including their salts, isomers, and	72954
salts of isomers:	72955

(1) Ephedrine, except as provided in division (K) of section	72956
3719.44 of the Revised Code;	72957

(2) Pyrovalerone.

72958

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	72959
3721.99 of the Revised Code:	72960

(1)(a) "Home" means an institution, residence, or facility	72961
that provides, for a period of more than twenty-four hours,	72962
whether for a consideration or not, accommodations to three or	72963
more unrelated individuals who are dependent upon the services of	72964
others, including a nursing home, residential care facility, home	72965
for the aging, and a veterans' home operated under Chapter 5907.	72966
of the Revised Code.	72967

(b) "Home" also means both of the following:

72968

(i) Any facility that a person, as defined in section 3702.51	72969
of the Revised Code, proposes for certification as a skilled	72970
nursing facility or nursing facility under Title XVIII or XIX of	72971
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	72972
as amended, and for which a certificate of need, other than a	72973
certificate to recategorize hospital beds as described in section	72974
3702.522 of the Revised Code or division (R)(7)(d) of the version	72975
of section 3702.51 of the Revised Code in effect immediately prior	72976
to April 20, 1995, has been granted to the person under sections	72977
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	72978

(ii) A county home or district home that is or has been	72979
licensed as a residential care facility.	72980

72981

(i) Except as provided in division (A)(1)(b) of this section,	72982
a public hospital or hospital as defined in section 3701.01 or	72983
5122.01 of the Revised Code;	72984

(ii) A residential facility for mentally ill persons as	72985
defined under section 5119.22 of the Revised Code;	72986

(iii) A residential facility as defined in section 5123.19 of	72987
the Revised Code;	72988

(iv) An adult care facility as defined in section ~~3722.01~~	72989
5119.70 of the Revised Code;	72990

(v) An alcohol or drug addiction program as defined in	72991
section 3793.01 of the Revised Code;	72992

(vi) A facility licensed to provide methadone treatment under	72993
section 3793.11 of the Revised Code;	72994

(vii) A facility providing services under contract with the	72995
department of developmental disabilities under section 5123.18 of	72996
the Revised Code unless section 5123.192 of the Revised Code makes	72997
the facility subject to the requirements of this chapter;	72998

(viii) A facility operated by a hospice care program licensed	72999
under section 3712.04 of the Revised Code that is used exclusively	73000
for care of hospice patients;	73001

(ix) A facility, infirmary, or other entity that is operated	73002
by a religious order, provides care exclusively to members of	73003
religious orders who take vows of celibacy and live by virtue of	73004
their vows within the orders as if related, and does not	73005
participate in the medicare program established under Title XVIII	73006
of the "Social Security Act" or the medical assistance program	73007
established under Chapter 5111. of the Revised Code and Title XIX	73008
of the "Social Security Act," if on January 1, 1994, the facility,	73009
infirmary, or entity was providing care exclusively to members of	73010
the religious order;	73011

(x) A county home or district home that has never been	73012
licensed as a residential care facility.	73013

(2) "Unrelated individual" means one who is not related to	73014
the owner or operator of a home or to the spouse of the owner or	73015
operator as a parent, grandparent, child, grandchild, brother,	73016
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	73017
uncle.	73018

(3) "Mental impairment" does not mean mental illness as	73019
defined in section 5122.01 of the Revised Code or mental	73020
retardation as defined in section 5123.01 of the Revised Code.	73021

(4) "Skilled nursing care" means procedures that require	73022
technical skills and knowledge beyond those the untrained person	73023
possesses and that are commonly employed in providing for the	73024
physical, mental, and emotional needs of the ill or otherwise	73025
incapacitated. "Skilled nursing care" includes, but is not limited	73026
to, the following:	73027

(a) Irrigations, catheterizations, application of dressings,	73028
and supervision of special diets;	73029

(b) Objective observation of changes in the patient's	73030
condition as a means of analyzing and determining the nursing care	73031
required and the need for further medical diagnosis and treatment;	73032

73033

(d) Administration of medication by any method ordered by a	73034
physician, such as hypodermically, rectally, or orally, including	73035
observation of the patient after receipt of the medication;	73036

(e) Carrying out other treatments prescribed by the physician	73037
that involve a similar level of complexity and skill in	73038
administration.	73039

(5)(a) "Personal care services" means services including, but	73040
not limited to, the following:	73041

(i) Assisting residents with activities of daily living;

73042

(ii) Assisting residents with self-administration of	73043
medication, in accordance with rules adopted under section 3721.04	73044
of the Revised Code;	73045

(iii) Preparing special diets, other than complex therapeutic	73046
diets, for residents pursuant to the instructions of a physician	73047
or a licensed dietitian, in accordance with rules adopted under	73048
section 3721.04 of the Revised Code.	73049

(b) "Personal care services" does not include "skilled	73050
nursing care" as defined in division (A)(4) of this section. A	73051
facility need not provide more than one of the services listed in	73052
division (A)(5)(a) of this section to be considered to be	73053
providing personal care services.	73054

(6) "Nursing home" means a home used for the reception and	73055
care of individuals who by reason of illness or physical or mental	73056
impairment require skilled nursing care and of individuals who	73057
require personal care services but not skilled nursing care. A	73058
nursing home is licensed to provide personal care services and	73059
skilled nursing care.	73060

(7) "Residential care facility" means a home that provides	73061
either of the following:	73062

(a) Accommodations for seventeen or more unrelated	73063
individuals and supervision and personal care services for three	73064
or more of those individuals who are dependent on the services of	73065
others by reason of age or physical or mental impairment;	73066

(b) Accommodations for three or more unrelated individuals,	73067
supervision and personal care services for at least three of those	73068
individuals who are dependent on the services of others by reason	73069
of age or physical or mental impairment, and, to at least one of	73070
those individuals, any of the skilled nursing care authorized by	73071
section 3721.011 of the Revised Code.	73072

(8) "Home for the aging" means a home that provides services	73073
as a residential care facility and a nursing home, except that the	73074
home provides its services only to individuals who are dependent	73075
on the services of others by reason of both age and physical or	73076
mental impairment.	73077

The part or unit of a home for the aging that provides	73078
services only as a residential care facility is licensed as a	73079
residential care facility. The part or unit that may provide	73080
skilled nursing care beyond the extent authorized by section	73081
3721.011 of the Revised Code is licensed as a nursing home.	73082

(9) "County home" and "district home" mean a county home or	73083
district home operated under Chapter 5155. of the Revised Code.	73084

(B) The public health council may further classify homes. For	73085
the purposes of this chapter, any residence, institution, hotel,	73086
congregate housing project, or similar facility that meets the	73087
definition of a home under this section is such a home regardless	73088
of how the facility holds itself out to the public.	73089

(C) For purposes of this chapter, personal care services or	73090
skilled nursing care shall be considered to be provided by a	73091
facility if they are provided by a person employed by or	73092
associated with the facility or by another person pursuant to an	73093
agreement to which neither the resident who receives the services	73094
nor the resident's sponsor is a party.	73095

(D) Nothing in division (A)(4) of this section shall be	73096
construed to permit skilled nursing care to be imposed on an	73097
individual who does not require skilled nursing care.	73098

Nothing in division (A)(5) of this section shall be construed	73099
to permit personal care services to be imposed on an individual	73100
who is capable of performing the activity in question without	73101
assistance.	73102

(E) Division (A)(1)(c)(ix) of this section does not prohibit	73103
a facility, infirmary, or other entity described in that division	73104
from seeking licensure under sections 3721.01 to 3721.09 of the	73105
Revised Code or certification under Title XVIII or XIX of the	73106
"Social Security Act." However, such a facility, infirmary, or	73107
entity that applies for licensure or certification must meet the	73108
requirements of those sections or titles and the rules adopted	73109
under them and obtain a certificate of need from the director of	73110
health under section 3702.52 of the Revised Code.	73111

(F) Nothing in this chapter, or rules adopted pursuant to it,	73112
shall be construed as authorizing the supervision, regulation, or	73113
control of the spiritual care or treatment of residents or	73114
patients in any home who rely upon treatment by prayer or	73115
spiritual means in accordance with the creed or tenets of any	73116
recognized church or religious denomination.	73117

Sec. 3721.011. (A) In addition to providing accommodations,	73118
supervision, and personal care services to its residents, a	73119
residential care facility may ~~provide~~do the following:	73120

(1) Provide the following skilled nursing care to its	73121
residents ~~as follows~~:	73122

~~(1)~~(a) Supervision of special diets;

73123

~~(2)~~(b) Application of dressings, in accordance with rules	73124
adopted under section 3721.04 of the Revised Code;	73125

~~(3)~~(c) Subject to division (B)(1) of this section,	73126
administration of medication;	73127

~~(4)~~.

73128

(2) Subject to division (C) of this section, provide other	73129
skilled nursing care ~~provided~~ on a part-time, intermittent basis	73130
for not more than a total of one hundred twenty days in a	73131
twelve-month period;	73132

~~(5) Subject to division (D) of this section,~~(3) Provide	73133
skilled nursing care ~~provided~~ for more than one hundred twenty	73134
days in a twelve-month period to a ~~hospice patient, as defined in~~	73135
~~section 3712.01 of the Revised Code~~resident when the requirements	73136
of division (D) of this section are met.	73137

A residential care facility may not admit or retain an	73138
individual requiring skilled nursing care that is not authorized	73139
by this section. A residential care facility may not provide	73140
skilled nursing care beyond the limits established by this	73141
section.	73142

(B)(1) A residential care facility may admit or retain an	73143
individual requiring medication, including biologicals, only if	73144
the individual's personal physician has determined in writing that	73145
the individual is capable of self-administering the medication or	73146
the facility provides for the medication to be administered to the	73147
individual by a home health agency certified under Title XVIII of	73148
the "Social Security Act," 79 Stat. 620 (1965), 42 U.S.C.A. 1395,	73149
as amended; a hospice care program licensed under Chapter 3712. of	73150
the Revised Code; or a member of the staff of the residential care	73151
facility who is qualified to perform medication administration.	73152
Medication may be administered in a residential care facility only	73153
by the following persons authorized by law to administer	73154
medication:	73155

(a) A registered nurse licensed under Chapter 4723. of the	73156
Revised Code;	73157

(b) A licensed practical nurse licensed under Chapter 4723.	73158
of the Revised Code who holds proof of successful completion of a	73159
course in medication administration approved by the board of	73160
nursing and who administers the medication only at the direction	73161
of a registered nurse or a physician authorized under Chapter	73162
4731. of the Revised Code to practice medicine and surgery or	73163
osteopathic medicine and surgery;	73164

(c) A medication aide certified under Chapter 4723. of the	73165
Revised Code;	73166

(d) A physician authorized under Chapter 4731. of the Revised	73167
Code to practice medicine and surgery or osteopathic medicine and	73168
surgery.	73169

(2) In assisting a resident with self-administration of	73170
medication, any member of the staff of a residential care facility	73171
may do the following:	73172

(a) Remind a resident when to take medication and watch to	73173
ensure that the resident follows the directions on the container;	73174

(b) Assist a resident by taking the medication from the	73175
locked area where it is stored, in accordance with rules adopted	73176
pursuant to section 3721.04 of the Revised Code, and handing it to	73177
the resident. If the resident is physically unable to open the	73178
container, a staff member may open the container for the resident.	73179

(c) Assist a physically impaired but mentally alert resident,	73180
such as a resident with arthritis, cerebral palsy, or Parkinson's	73181
disease, in removing oral or topical medication from containers	73182
and in consuming or applying the medication, upon request by or	73183
with the consent of the resident. If a resident is physically	73184
unable to place a dose of medicine to the resident's mouth without	73185
spilling it, a staff member may place the dose in a container and	73186
place the container to the mouth of the resident.	73187

(C) AExcept as provided in division (D) of this section, a	73188
residential care facility may admit or retain individuals who	73189
require skilled nursing care beyond the supervision of special	73190
diets, application of dressings, or administration of medication,	73191
only if the care will be provided on a part-time, intermittent	73192
basis for not more than a total of one hundred twenty days in any	73193
twelve-month period. In accordance with Chapter 119. of the	73194
Revised Code, the public health council shall adopt rules	73195
specifying what constitutes the need for skilled nursing care on a	73196
part-time, intermittent basis. The council shall adopt rules that	73197
are consistent with rules pertaining to home health care adopted	73198
by the director of job and family services for the ~~medical~~	73199
~~assistance~~medicaid program established under Chapter 5111. of the	73200
Revised Code. Skilled nursing care provided pursuant to this	73201
division may be provided by a home health agency certified under	73202
Title XVIII of the "Social Security Act," a hospice care program	73203
licensed under Chapter 3712. of the Revised Code, or a member of	73204
the staff of a residential care facility who is qualified to	73205
perform skilled nursing care.	73206

A residential care facility that provides skilled nursing	73207
care pursuant to this division shall do both of the following:	73208

(1) Evaluate each resident receiving the skilled nursing care	73209
at least once every seven days to determine whether the resident	73210
should be transferred to a nursing home;	73211

(2) Meet the skilled nursing care needs of each resident	73212
receiving the care.	73213

(D)(1) A residential care facility may admit or retain a	73214
~~hospice patient~~an individual who requires skilled nursing care	73215
for more than one hundred twenty days in any twelve-month period	73216
only if the facility has entered into a written agreement with	73217
each of the following:	73218

(a) The individual or individual's sponsor;

73219

(b) The individual's personal physician;

73220

(c) Unless the individual's personal physician oversees the	73221
skilled nursing care, the provider of the skilled nursing care;	73222

(d) If the individual is a hospice patient as defined in	73223
section 3712.01 of the Revised Code, a hospice care program	73224
licensed under Chapter 3712. of the Revised Code. ~~The~~	73225

(2) The agreement ~~between the residential care facility and~~	73226
~~hospice program~~required by division (D)(1) of this section shall	73227
include all of the following provisions:	73228

~~(1)~~(a) That the ~~hospice patient~~individual will be provided	73229
skilled nursing care in the facility only if a determination has	73230
been made that the ~~patient's~~individual's needs can be met at the	73231
facility;	73232

~~(2)~~(b) That the ~~hospice patient~~individual will be retained	73233
in the facility only if periodic redeterminations are made that	73234
the ~~patient's~~individual's needs are being met at the facility;	73235

~~(3)~~(c) That the redeterminations will be made according to a	73236
schedule specified in the agreement;	73237

~~(4) That the~~(d) If the individual is a hospice patient, that	73238
the individual has been given an opportunity to choose the hospice	73239
care program that best meets the ~~patient's~~individual's needs;	73240

(e) Unless the individual is a hospice patient, that the	73241
individual's personal physician has determined that the skilled	73242
nursing care the individual needs is routine.	73243

(E) Notwithstanding any other provision of this chapter, a	73244
residential care facility in which residents receive skilled	73245
nursing care pursuant to this section is not a nursing home.	73246

Sec. 3721.02. (A) The director of health shall license homes	73247
and establish procedures to be followed in inspecting and	73248
licensing homes. The director may inspect a home at any time. Each	73249
home shall be inspected by the director at least once prior to the	73250
issuance of a license and at least once every fifteen months	73251
thereafter. The state fire marshal or a township, municipal, or	73252
other legally constituted fire department approved by the marshal	73253
shall also inspect a home prior to issuance of a license, at least	73254
once every fifteen months thereafter, and at any other time	73255
requested by the director. A home does not have to be inspected	73256
prior to issuance of a license by the director, state fire	73257
marshal, or a fire department if ownership of the home is assigned	73258
or transferred to a different person and the home was licensed	73259
under this chapter immediately prior to the assignment or	73260
transfer. The director may enter at any time, for the purposes of	73261
investigation, any institution, residence, facility, or other	73262
structure that has been reported to the director or that the	73263
director has reasonable cause to believe is operating as a nursing	73264
home, residential care facility, or home for the aging without a	73265
valid license required by section 3721.05 of the Revised Code or,	73266
in the case of a county home or district home, is operating	73267
despite the revocation of its residential care facility license.	73268
The director may delegate the director's authority and duties	73269
under this chapter to any division, bureau, agency, or official of	73270
the department of health.	73271

(B) A single facility may be licensed both as a nursing home	73272
pursuant to this chapter and as an adult care facility pursuant to	73273
Chapter ~~3722.~~5119. of the Revised Code if the director determines	73274
that the part or unit to be licensed as a nursing home can be	73275
maintained separate and discrete from the part or unit to be	73276
licensed as an adult care facility.	73277

(C) In determining the number of residents in a home for the	73278
purpose of licensing, the director shall consider all the	73279
individuals for whom the home provides accommodations as one group	73280
unless one of the following is the case:	73281

(1) The home is a home for the aging, in which case all the	73282
individuals in the part or unit licensed as a nursing home shall	73283
be considered as one group, and all the individuals in the part or	73284
unit licensed as a rest home shall be considered as another group.	73285

(2) The home is both a nursing home and an adult care	73286
facility. In that case, all the individuals in the part or unit	73287
licensed as a nursing home shall be considered as one group, and	73288
all the individuals in the part or unit licensed as an adult care	73289
facility shall be considered as another group.	73290

(3) The home maintains, in addition to a nursing home or	73291
residential care facility, a separate and discrete part or unit	73292
that provides accommodations to individuals who do not require or	73293
receive skilled nursing care and do not receive personal care	73294
services from the home, in which case the individuals in the	73295
separate and discrete part or unit shall not be considered in	73296
determining the number of residents in the home if the separate	73297
and discrete part or unit is in compliance with the Ohio basic	73298
building code established by the board of building standards under	73299
Chapters 3781. and 3791. of the Revised Code and the home permits	73300
the director, on request, to inspect the separate and discrete	73301
part or unit and speak with the individuals residing there, if	73302
they consent, to determine whether the separate and discrete part	73303
or unit meets the requirements of this division.	73304

(D)(1) The director of health shall charge the following	73305
application fee and annual renewal licensing and inspection fee	73306
for each fifty persons or part thereof of a home's licensed	73307
capacity:	73308

(a) For state fiscal year 2010, two hundred twenty dollars;

73309

(b) For state fiscal year 2011, two hundred seventy dollars;

73310

(c) For each state fiscal year thereafter, three hundred	73311
twenty dollars.	73312

(2) All fees collected by the director for the issuance or	73313
renewal of licenses shall be deposited into the state treasury to	73314
the credit of the general operations fund created in section	73315
3701.83 of the Revised Code for use only in administering and	73316
enforcing this chapter and rules adopted under it.	73317

(E)(1) Except as otherwise provided in this section, the	73318
results of an inspection or investigation of a home that is	73319
conducted under this section, including any statement of	73320
deficiencies and all findings and deficiencies cited in the	73321
statement on the basis of the inspection or investigation, shall	73322
be used solely to determine the home's compliance with this	73323
chapter or another chapter of the Revised Code in any action or	73324
proceeding other than an action commenced under division (I) of	73325
section 3721.17 of the Revised Code. Those results of an	73326
inspection or investigation, that statement of deficiencies, and	73327
the findings and deficiencies cited in that statement shall not be	73328
used in any court or in any action or proceeding that is pending	73329
in any court and are not admissible in evidence in any action or	73330
proceeding unless that action or proceeding is an appeal of an	73331
action by the department of health under this chapter or is an	73332
action by any department or agency of the state to enforce this	73333
chapter or another chapter of the Revised Code.	73334

(2) Nothing in division (E)(1) of this section prohibits the	73335
results of an inspection or investigation conducted under this	73336
section from being used in a criminal investigation or	73337
prosecution.	73338

Sec. 3721.031. (A) The director of health may investigate	73339
any complaint the director receives concerning a home. If the	73340
director investigates a complaint, the director shall conduct an	73341
initial investigation of a complaint as a desk audit. If pursuant	73342
to the desk audit the director determines sufficient cause exists	73343
for an on-site examination, the director shall continue the	73344
investigation with an on-site examination.	73345

(B)(1) Except as required by court order, as necessary for	73346
the administration or enforcement of any statute relating to	73347
homes, or as provided in division ~~(C)~~(D) of this section, the	73348
director and any employee of the department of health shall not	73349
release any of the following information without the permission of	73350
the individual or of the individual's legal representative:	73351

(a) The identity of any patient or resident;

73352

(b) The identity of any individual who submits a complaint	73353
about a home;	73354

(c) The identity of any individual who provides the director	73355
with information about a home and has requested confidentiality;	73356

(d) Any information that reasonably would tend to disclose	73357
the identity of any individual described in division ~~(A)~~(B)(1)(a)	73358
to (c) of this section.	73359

(2) An agency or individual to whom the director is required,	73360
by court order or for the administration or enforcement of a	73361
statute relating to homes, to release information described in	73362
division ~~(A)~~(B)(1) of this section shall not release the	73363
information without the permission of the individual who would be	73364
or would reasonably tend to be identified, or of the individual's	73365
legal representative, unless the agency or individual is required	73366
to release it by division ~~(C)~~(D) of this section, by court order,	73367
or for the administration or enforcement of a statute relating to	73368
homes.	73369

~~(B)~~(C) Except as provided in division ~~(C)~~(D) of this section,	73370
any record that identifies an individual described in division	73371
~~(A)~~(B)(1)(a) to (c) of this section or that reasonably would tend	73372
to identify such an individual is not a public record for the	73373
purposes of section 149.43 of the Revised Code, and is not subject	73374
to inspection and copying under section 1347.08 of the Revised	73375
Code.	73376

~~(C)~~(D) If the director, or an agency or individual to whom	73377
the director is required by court order or for administration or	73378
enforcement of a statute relating to homes to release information	73379
described in division ~~(A)~~(B)(1) of this section, uses information	73380
in any administrative or judicial proceeding against a home that	73381
reasonably would tend to identify an individual described in	73382
division ~~(A)~~(B)(1)(a) to (c) of this section, the director,	73383
agency, or individual shall disclose that information to the home.	73384
However, the director, agency, or individual shall not disclose	73385
information that directly identifies an individual described in	73386
divisions ~~(A)~~(B)(1)(a) to (c) of this section, unless the	73387
individual is to testify in the proceedings.	73388

~~(D)~~(E) No person shall knowingly register a false complaint	73389
about a home with the director, or knowingly swear or affirm the	73390
truth of a false complaint, when the complaint is made for the	73391
purpose of incriminating another.	73392

~~(E)~~(F) An individual who in good faith submits a complaint	73393
under this section or any other provision of the Revised Code	73394
regarding a violation of this chapter, or participates in any	73395
investigation, administrative proceeding, or judicial proceeding	73396
resulting from the complaint, has the full protection against	73397
retaliatory action provided by sections 4113.51 to 4113.53 of the	73398
Revised Code.	73399

Sec. 3721.04. (A) The public health council shall adopt and	73400
publish rules governing the operation of homes, which shall have	73401
uniform application throughout the state, and shall prescribe	73402
standards for homes with respect to, but not limited to, the	73403
following matters:	73404

(1) The minimum space requirements for occupants and	73405
equipping of the buildings in which homes are housed so as to	73406
ensure healthful, safe, sanitary, and comfortable conditions for	73407
all residents, so long as they are not inconsistent with Chapters	73408
3781. and 3791. of the Revised Code or with any rules adopted by	73409
the board of building standards and by the state fire marshal;	73410

(2) The number and qualifications of personnel, including	73411
management and nursing staff, for each class of home, and the	73412
qualifications of nurse aides, as defined in section 3721.21 of	73413
the Revised Code, used by long-term care facilities, as defined in	73414
that section;	73415

(3) The medical, rehabilitative, and recreational services to	73416
be provided by each class of home;	73417

(4) Dietetic services, including but not limited to	73418
sanitation, nutritional adequacy, and palatability of food;	73419

(5) The personal and social services to be provided by each	73420
class of home;	73421

(6) The business and accounting practices to be followed and	73422
the type of patient and business records to be kept by such homes;	73423

(7) The operation of adult day-care programs provided by and	73424
on the same site as homes licensed under this chapter;	73425

(8) The standards and procedures to be followed by	73426
residential care facilities in admitting and retaining a resident	73427
who requires the application of dressings, including requirements	73428
for charting and evaluating on a weekly basis;	73429

(9) The requirements for conducting weekly evaluations of	73430
residents receiving skilled nursing care in residential care	73431
facilities.	73432

(B) The public health council may adopt whatever additional	73433
rules are necessary to carry out or enforce the provisions of	73434
sections 3721.01 to 3721.09 and 3721.99 of the Revised Code.	73435

(C) The following apply to the public health council when	73436
adopting rules under division (A)(2) of this section regarding the	73437
number and qualifications of personnel in homes:	73438

(1) When adopting rules applicable to residential care	73439
facilities, the public health council shall take into	73440
consideration the effect that the following may have on the number	73441
of personnel needed:	73442

(a) Provision of personal care services;

73443

(b) Provision of part-time, intermittent skilled nursing care	73444
pursuant to division (C) of section 3721.011 of the Revised Code;	73445

(c) Provision of skilled nursing care to ~~hospice patients~~	73446
residents pursuant to division (D) of section 3721.011 of the	73447
Revised Code.	73448

(2) The rules prescribing qualifications of nurse aides used	73449
by long-term care facilities, as those terms are defined in	73450
section 3721.21 of the Revised Code, shall be no less stringent	73451
than the requirements, guidelines, and procedures established by	73452
the United States secretary of health and human services under	73453
sections 1819 and 1919 of the "Social Security Act," 49 Stat. 620	73454
(1935), 42 U.S.C.A. 301, as amended.	73455

Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the	73456
Revised Code:	73457

(A) "Franchise permit fee rate" means the ~~amount determined~~	73458
~~as follows~~following:	73459

(1) ~~Determine the difference between the following:~~

73460

~~(a) The total net patient revenue, less medicaid per diem~~	73461
~~payments, of all nursing homes and hospital long-term care units~~	73462
~~as shown on cost reports filed under section 5111.26 of the~~	73463
~~Revised Code for the calendar year immediately preceding the~~	73464
~~fiscal year for which the franchise permit fee is assessed under~~	73465
~~section 3721.51 of the Revised Code~~For fiscal year 2012, eleven	73466
dollars and thirty-eight cents;	73467

~~(b) The total net patient revenue, less medicaid per diem~~	73468
~~payments, of all nursing homes and hospital long-term care units~~	73469
~~as shown on cost reports filed under section 5111.26 of the~~	73470
~~Revised Code for the calendar year immediately preceding the~~	73471
~~calendar year that immediately precedes the fiscal year for which~~	73472
~~the franchise permit fee is assessed under section 3721.51 of the~~	73473
~~Revised Code.~~	73474

(2) ~~Multiply the amount determined under division (A)(1) of~~	73475
~~this section by five and five-tenths per cent;~~	73476

~~(3) Divide the amount determined under division (A)(2) of~~	73477
~~this section by the total number of days in the fiscal year for~~	73478
~~which the franchise permit fee is assessed under section 3721.51~~	73479
~~of the Revised Code;~~	73480

~~(4) Subtract eleven dollars and ninety-five cents from the~~	73481
~~amount determined under division (A)(3) of this section;~~	73482

~~(5) Add eleven dollars and ninety-five cents to the amount~~	73483
~~determined under division (A)(4) of this section~~For fiscal year	73484
2013 and each fiscal year thereafter, eleven dollars and sixty	73485
cents.	73486

(B) "Hospital" has the same meaning as in section 3727.01 of	73487
the Revised Code.	73488

(C) "Hospital long-term care unit" means any distinct part of	73489
a hospital in which any of the following beds are located:	73490

(1) Beds registered pursuant to section 3701.07 of the	73491
Revised Code as skilled nursing facility beds or long-term care	73492
beds;	73493

(2) Beds licensed as nursing home beds under section 3721.02	73494
or 3721.09 of the Revised Code.	73495

(D) "Indirect guarantee percentage" means the percentage	73496
specified in section 1903(w)(4)(C)(ii) of the "Social Security	73497
Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii) that is	73498
to be used in determining whether a class of providers is	73499
indirectly held harmless for any portion of the costs of a	73500
broad-based health-care-related tax. If the indirect guarantee	73501
percentage changes during a fiscal year, the indirect guarantee	73502
percentage is the following:	73503

(1) For the part of the fiscal year before the change takes	73504
effect, the percentage in effect before the change;	73505

(2) For the part of the fiscal year beginning with the date	73506
the indirect guarantee percentage changes, the new percentage.	73507

(E) "Inpatient days" means all days during which a resident	73508
of a nursing facility, regardless of payment source, occupies a	73509
bed in the nursing facility that is included in the facility's	73510
certified capacity under Title XIX. Therapeutic or hospital leave	73511
days for which payment is made under section 5111.26 of the	73512
Revised Code are considered inpatient days proportionate to the	73513
percentage of the facility's per resident per day rate paid for	73514
those days.	73515

~~(E)~~(F) "Medicaid" has the same meaning as in section 5111.01	73516
of the Revised Code.	73517

~~(F)~~(G) "Medicaid day" means all days during which a resident	73518
who is a medicaid recipient occupies a bed in a nursing facility	73519
that is included in the facility's certified capacity under Title	73520
XIX. Therapeutic or hospital leave days for which payment is made	73521
under section 5111.26 of the Revised Code are considered medicaid	73522
days proportionate to the percentage of the nursing facility's per	73523
resident per day rate for those days.	73524

~~(G)~~(H) "Medicare" means the program established by Title	73525
XVIII.	73526

~~(H)~~(I) "Nursing facility" has the same meaning as in section	73527
5111.20 of the Revised Code.	73528

~~(I)~~(J)(1) "Nursing home" means all of the following:

73529

(a) A nursing home licensed under section 3721.02 or 3721.09	73530
of the Revised Code, including any part of a home for the aging	73531
licensed as a nursing home;	73532

(b) A facility or part of a facility, other than a hospital,	73533
that is certified as a skilled nursing facility under Title XVIII;	73534

(c) A nursing facility, other than a portion of a hospital	73535
certified as a nursing facility.	73536

(2) "Nursing home" does not include any of the following:

73537

(a) A county home, county nursing home, or district home	73538
operated pursuant to Chapter 5155. of the Revised Code;	73539

(b) A nursing home maintained and operated by the department	73540
of veterans services under section 5907.01 of the Revised Code;	73541

(c) A nursing home or part of a nursing home licensed under	73542
section 3721.02 or 3721.09 of the Revised Code that is certified	73543
as an intermediate care facility for the mentally retarded under	73544
Title XIX.	73545

~~(J)~~(K) "Title XIX" means Title XIX of the "Social Security	73546
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	73547

~~(K)~~(L) "Title XVIII" means Title XVIII of the "Social	73548
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	73549

Sec. 3721.51. The department of job and family services	73550
shall do all of the following:	73551

(A) Subject to sections 3721.512 and 3721.513 of the Revised	73552
Code and divisions (C) and (D) of this section and for the	73553
purposes specified in ~~sections~~section 3721.56 ~~and 3721.561~~ of the	73554
Revised Code, determine an annual franchise permit fee on each	73555
nursing home in an amount equal to the franchise permit fee rate	73556
multiplied by the product of the following:	73557

(1) The number of beds licensed as nursing home beds, plus	73558
any other beds certified as skilled nursing facility beds under	73559
Title XVIII or nursing facility beds under Title XIX on the first	73560
day of May of the calendar year in which the fee is determined	73561
pursuant to division (A) of section 3721.53 of the Revised Code;	73562

(2) The number of days in the fiscal year beginning on the	73563
first day of July of the calendar year in which the fee is	73564
determined pursuant to division (A) of section 3721.53 of the	73565
Revised Code.	73566

(B) Subject to sections 3721.512 and 3721.513 of the Revised	73567
Code and divisions (C) and (D) of this section and for the	73568
purposes specified in ~~sections~~section 3721.56 ~~and 3721.561~~ of the	73569
Revised Code, determine an annual franchise permit fee on each	73570
hospital in an amount equal to the franchise permit fee rate	73571
multiplied by the product of the following:	73572

(1) The number of beds registered pursuant to section 3701.07	73573
of the Revised Code as skilled nursing facility beds or long-term	73574
care beds, plus any other beds licensed as nursing home beds under	73575
section 3721.02 or 3721.09 of the Revised Code, on the first day	73576
of May of the calendar year in which the fee is determined	73577
pursuant to division (A) of section 3721.53 of the Revised Code;	73578

(2) The number of days in the fiscal year beginning on the	73579
first day of July of the calendar year in which the fee is	73580
determined pursuant to division (A) of section 3721.53 of the	73581
Revised Code.	73582

(C) If the total amount of the franchise permit fee assessed	73583
under divisions (A) and (B) of this section for a fiscal year	73584
exceeds ~~five and one-half per cent~~the indirect guarantee	73585
percentage of the actual net patient revenue for all nursing homes	73586
and hospital long-term care units for that fiscal year, do both of	73587
the following:	73588

(1) Recalculate the assessments under divisions (A) and (B)	73589
of this section using a per bed per day rate equal to ~~five and~~	73590
~~one-half per cent~~the indirect guarantee percentage of actual net	73591
patient revenue for all nursing homes and hospital long-term care	73592
units for that fiscal year;	73593

(2) Refund the difference between the amount of the franchise	73594
permit fee assessed for that fiscal year under divisions (A) and	73595
(B) of this section and the amount recalculated under division	73596
(C)(1) of this section as a credit against the assessments imposed	73597
under divisions (A) and (B) of this section for the subsequent	73598
fiscal year.	73599

(D) If the United States centers for medicare and medicaid	73600
services determines that the franchise permit fee established by	73601
sections 3721.50 to 3721.58 of the Revised Code is an	73602
impermissible health care-related tax under section 1903(w) of the	73603
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	73604
amended, take all necessary actions to cease implementation of	73605
sections 3721.50 to 3721.58 of the Revised Code in accordance with	73606
rules adopted under section 3721.58 of the Revised Code.	73607

~~Sec. 3721.561.~~ Sec. 3721.56. (A) There is hereby created in the	73608
state treasury the nursing ~~facility stabilization~~home franchise	73609
permit fee fund. All payments and penalties paid by nursing homes	73610
and hospitals under sections 3721.53 and 3721.54 of the Revised	73611
Code ~~that are not deposited into the home and community-based~~	73612
~~services for the aged fund~~ shall be deposited into the fund. The	73613
fund shall also consist of money deposited into it pursuant to	73614
sections 3769.08 and 3769.26 of the Revised Code. Subject to	73615
division (B) of section 3769.08 of the Revised Code, the	73616
department of job and family services shall use the money in the	73617
fund to make medicaid payments to providers of nursing ~~facilities~~	73618
facility services and providers of home and community-based	73619
services. Money in the fund may also be used for the residential	73620
state supplement program established under section 5119.69 of the	73621
Revised Code.	73622

(B) Any money remaining in the nursing ~~facility stabilization~~	73623
home franchise permit fee fund after payments specified in	73624
division (A) of this section are made shall be retained in the	73625
fund. Any interest or other investment proceeds earned on money in	73626
the fund shall be credited to the fund and used to make medicaid	73627
payments in accordance with division (A) of this section.	73628

Sec. 3721.58. The director of job and family services shall	73629
adopt rules in accordance with Chapter 119. of the Revised Code to	73630
do ~~all~~both of the following:	73631

(A) Prescribe the actions the department of job and family	73632
services will take to cease implementation of sections 3721.50	73633
through 3721.57 of the Revised Code if the United States centers	73634
for medicare and medicaid services determines that the franchise	73635
permit fee established by those sections is an impermissible	73636
health-care related tax under section 1903(w) of the "Social	73637
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	73638
amended;	73639

(B) ~~Establish the method of distributing moneys in the home~~	73640
~~and community-based services for the aged fund created under~~	73641
~~section 3721.56 of the Revised Code;~~	73642

~~(C)~~ Establish any requirements or procedures the director	73643
considers necessary to implement sections 3721.50 to 3721.58 of	73644
the Revised Code.	73645

Sec. 3721.99. (A) Whoever violates section 3721.021,	73646
division (B), (D), or (E) of section 3721.05, division (A), (C),	73647
or (D) of section 3721.051, section 3721.06, division (A) of	73648
section 3721.22, division (A) or (B) of section 3721.24, or	73649
division (E) or (F) of section 3721.30 of the Revised Code shall	73650
be fined one hundred dollars for a first offense. For each	73651
subsequent offense, the violator shall be fined five hundred	73652
dollars.	73653

(B) Whoever violates division (A) or (C) of section 3721.05	73654
or division (B) of section 3721.051 of the Revised Code shall be	73655
fined five thousand dollars for a first offense. For each	73656
subsequent offense, the violator shall be fined ten thousand	73657
dollars.	73658

(C) Whoever violates division ~~(D)~~(E) of section 3721.031 or	73659
division (E) of section 3721.22 of the Revised Code is guilty of	73660
registering a false complaint, a misdemeanor of the first degree.	73661

Sec. 3729.01. As used in this chapter:

73662

(A) "Camp operator" means the operator of a recreational	73663
vehicle park, recreation camp, combined park-camp, or temporary	73664
park-camp.	73665

(B) "Campsite user" means a person who enters into a campsite	73666
use agreement with a camp operator for the use of a campsite at a	73667
recreational vehicle park, recreation camp, combined park-camp, or	73668
temporary park-camp.	73669

(C) "Combined park-camp" means any tract of land upon which a	73670
combination of five or more self-contained recreational vehicles	73671
or portable camping units are placed and includes any roadway,	73672
building, structure, vehicle, or enclosure used or intended for	73673
use as part of the park facilities. A tract of land that is	73674
subdivided for lease or other contract of the individual lots is a	73675
combined park-camp if a combination of five or more recreational	73676
vehicles or portable camping units are placed on it for	73677
recreation, vacation, or business purposes.	73678

"Combined park-camp" does not include any tract of land used	73679
solely as a temporary park-camp or solely as a manufactured home	73680
park.	73681

(D) "Dependent recreational vehicle" means a recreational	73682
vehicle other than a self-contained recreational vehicle.	73683
"Dependent recreational vehicle" includes a park model.	73684

(E) "Development" means any artificial change to improved or	73685
unimproved real estate, including, without limitation, buildings	73686
or structures, dredging, filling, grading, paving, excavation or	73687
drilling operations, or storage of equipment or materials, and the	73688
construction, expansion, or substantial alteration of a	73689
recreational vehicle park, recreation camp, or combined park-camp,	73690
for which plan review is required under division (A) of section	73691
3729.03 of the Revised Code. "Development" does not include the	73692
building, construction, erection, or manufacture of any building	73693
to which section 3781.06 of the Revised Code is applicable.	73694

(F) "Director of health" means the director of health or the	73695
director's authorized representative.	73696

(G) "Flood" or "flooding" means either of the following:

73697

(1) A general and temporary condition of partial or complete	73698
inundation of normally dry land areas from any of the following:	73699

(a) The overflow of inland or tidal waters;

73700

(b) The unusual and rapid accumulation or runoff of surface	73701
waters from any source;	73702

(c) Mudslides that are proximately caused by flooding as	73703
defined in division (G)(1)(b) of this section and that are akin to	73704
a river of liquid and flowing mud on the surface of normally dry	73705
land areas, as when earth is carried by a current of water and	73706
deposited along the path of the current.	73707

(2) The collapse or subsidence of land along the shore of a	73708
lake or other body of water as a result of erosion or undermining	73709
that is caused by waves or currents of water exceeding anticipated	73710
cyclical levels or that is suddenly caused by an unusually high	73711
water level in a natural body of water, and that is accompanied by	73712
a severe storm, by an unanticipated force of nature, such as a	73713
flash flood, by an abnormal tidal surge, or by some similarly	73714
unusual and unforeseeable event, that results in flooding as	73715
defined in division (G)(1)(a) of this section.	73716

(H) "Flood plain" means the area adjoining any river, stream,	73717
watercourse, or lake that has been or may be covered by flood	73718
water.	73719

(I) "Licensor" means either the board of health of a city or	73720
general health district, or the authority having the duties of a	73721
board of health in any city as authorized by section 3709.05 of	73722
the Revised Code, or the director of health, when required under	73723
division (B) of section 3729.06 of the Revised Code. "Licensor"	73724
also means an authorized representative of any of those entities	73725
or of the director.	73726

(J) "Manufactured home park" has the same meaning as in	73727
section ~~3733.01~~4781.01 of the Revised Code.	73728

(K) "One-hundred-year flood" means a flood having a one per	73729
cent chance of being equaled or exceeded in any given year.	73730

(L) "One-hundred-year flood plain" means that portion of a	73731
flood plain inundated by a one-hundred-year flood.	73732

(M) "Operator" means the person who has responsible charge of	73733
a recreational vehicle park, recreation camp, combined park-camp,	73734
or temporary park-camp and who is licensed under this chapter.	73735

(N) "Park model" means a recreational vehicle that meets the	73736
American national standard institute standard A119.5(1988) for	73737
park trailers, is built on a single chassis, has a gross trailer	73738
area of not more than four hundred square feet when set up, is	73739
designed for seasonal or temporary living quarters, and may be	73740
connected to utilities necessary for operation of installed	73741
features and appliances.	73742

(O) "Person" has the same meaning as in section 1.59 of the	73743
Revised Code and also includes this state, any political	73744
subdivision of this state, and any other state or local body of	73745
this state.	73746

(P) "Portable camping units" means dependent recreational	73747
vehicles, tents, portable sleeping equipment, and similar camping	73748
equipment used for travel, recreation, vacation, or business	73749
purposes.	73750

(Q) "Recreation camp" means any tract of land upon which five	73751
or more portable camping units are placed and includes any	73752
roadway, building, structure, vehicle, or enclosure used or	73753
intended for use as a part of the facilities of the camp. A tract	73754
of land that is subdivided for lease or other contract of the	73755
individual lots is a recreation camp if five or more portable	73756
camping units are placed on it for recreation, vacation, or	73757
business purposes.	73758

"Recreation camp" does not include any tract of land used	73759
solely for the storage or display for sale of dependent	73760
recreational vehicles, solely as a temporary park-camp, or solely	73761
as a manufactured home park.	73762

(R) "Recreational vehicle" has the same meaning as in section	73763
4501.01 of the Revised Code.	73764

(S) "Recreational vehicle park" means any tract of land used	73765
for parking five or more self-contained recreational vehicles and	73766
includes any roadway, building, structure, vehicle, or enclosure	73767
used or intended for use as part of the park facilities and any	73768
tract of land that is subdivided for lease or other contract of	73769
the individual lots for the express or implied purpose of placing	73770
self-contained recreational vehicles for recreation, vacation, or	73771
business purposes.	73772

"Recreational vehicle park" does not include any tract of	73773
land used solely for the storage or display for sale of	73774
self-contained recreational vehicles, solely as a temporary	73775
park-camp, or solely as a manufactured home park.	73776

(T) "Self-contained recreational vehicle" means a	73777
recreational vehicle that can operate independent of connections	73778
to sewer and water and has plumbing fixtures or appliances all of	73779
which are connected to sewage holding tanks located within the	73780
vehicle. "Self-contained recreational vehicle" includes a park	73781
model.	73782

(U) "Substantially alter" means a change in the layout or	73783
design of a recreational vehicle park, recreation camp, combined	73784
park-camp, or temporary park-camp, including, without limitation,	73785
the movement of utilities or changes in established streets, lots,	73786
or sites or in other facilities.	73787

(V) "Temporary park-camp" means any tract of land used for a	73788
period not to exceed a total of twenty-one days per calendar year	73789
for the purpose of parking five or more recreational vehicles,	73790
dependent recreational vehicles, or portable camping units, or any	73791
combination thereof, for one or more periods of time that do not	73792
exceed seven consecutive days or parts thereof.	73793

(W) "Tract" means a contiguous area of land that consists of	73794
one or more parcels, lots, or sites that have been separately	73795
surveyed regardless of whether the individual parcels, lots, or	73796
sites have been recorded and regardless of whether the one or more	73797
parcels, lots, or sites are under common or different ownership.	73798

Sec. 3733.21. (A) As used in ~~sections 3733.21 to 3733.30 of~~	73799
~~the Revised Code~~this section:	73800

~~(A)~~(1) "Board of health" means the board of health of a city	73801
or general health district or the authority having the duties of a	73802
board of health in any city as authorized by section 3709.05 of	73803
the Revised Code.	73804

~~(B) "Director" means the director of health or his authorized~~	73805
~~representative.~~	73806

~~(C)~~(2) "Dock" means a structure or platform either parallel	73807
or perpendicular to the shoreline designed to provide access to or	73808
an area to secure watercraft.	73809

~~(D)~~(3) "Health district" means a city or general health	73810
district as created by or under authority of Chapter 3709. of the	73811
Revised Code.	73812

~~(E)~~(4) "Marina" means a boat basin that has docks or moorings	73813
for seven or more watercraft as defined in section 1547.01 of the	73814
Revised Code. "Marina" does not include:	73815

~~(1)~~(a) Any dock or mooring contiguous to a privately owned	73816
residence and used exclusively by the owner and the owner's	73817
guests;	73818

~~(2)~~(b) Any dock, mooring, or other area where watercraft are	73819
stored or in storage;	73820

~~(3)~~(c) Any dry dock or shipyard where the watercraft are	73821
being held for maintenance or repairs;	73822

~~(4)~~(d) Any boat basin where all of the watercraft moored are	73823
rowboats, canoes, pedal boats, or other watercraft propelled by	73824
human muscular effort;	73825

~~(5)~~(e) Any dock or mooring on inland lakes used by the owner,	73826
or guests of the owner, of a private residence located on land	73827
that is contiguous to land, owned by this state or an agency or	73828
political subdivision of this state, contiguous to the dock or	73829
mooring;	73830

~~(6)~~(f) Any boat basin located on waters where the watercraft	73831
used are normally unsuited for the installation of on-board	73832
permanent sanitary systems.	73833

~~(F)~~(5) "Mooring" means that portion of a dock, or any	73834
equipment or area, used to secure watercraft.	73835

~~(G) "Person" means the state or any political subdivision,~~	73836
~~special district, public or private corporation, individual, firm,~~	73837
~~partnership, association, or other entity.~~	73838

~~(H) "Public health council" means the public health council~~	73839
~~as created by section 3701.33 of the Revised Code.~~	73840

~~(I) "Sanitary facilities" includes restrooms, water supply,~~	73841
~~facilities for the pumping of watercraft holding tanks, and those~~	73842
~~other facilities to ensure the sanitary operation of marinas and~~	73843
~~the watercraft using them as are considered necessary by the~~	73844
~~public health council in rules adopted under section 3733.22 of~~	73845
~~the Revised Code.~~	73846

(B) A board of health within whose jurisdiction a marina is	73847
located shall adopt rules governing the inspection of and issuance	73848
of licenses for marinas. The rules shall require at a minimum	73849
annual inspections. The rules may include provisions for the	73850
levying of a fee for a marina license. The fee shall be	73851
established in accordance with section 3709.09 of the Revised	73852
Code.	73853

Sec. 3733.41. As used in sections 3733.41 to ~~3733.49~~3733.43	73854
of the Revised Code:	73855

(A) "Agricultural labor camp" means one or more buildings or	73856
structures, trailers, tents, or vehicles, together with any land	73857
appertaining thereto, established, operated, or used as temporary	73858
living quarters for two or more families or five or more persons	73859
intending to engage in or engaged in agriculture or related food	73860
processing, whether occupancy is by rent, lease, or mutual	73861
agreement. "Agricultural labor camp" does not include a hotel or	73862
motel, or a ~~trailer~~manufactured home park ~~as defined and~~	73863
regulated pursuant to sections ~~3733.01~~4781.26 to ~~3733.08~~4781.52	73864
of the Revised Code, and rules adopted thereunder.	73865

(B) "Board of health" means the board of health of a city or	73866
general health district or the authority having the duties of a	73867
board of health in any city as authorized by section 3709.05 of	73868
the Revised Code or an authorized representative of the board of	73869
health.	73870

~~(C) "Director" means the director of the department of health~~	73871
~~or his authorized representative.~~	73872

~~(D) "Licensor" means the director of health.~~

73873

~~(E) "Person" means the state, any political subdivision,~~	73874
~~public or private corporation, partnership, association, trust,~~	73875
~~individual, or other entity.~~	73876

~~(F) "Public health council" means the public health council~~	73877
~~as created by section 3701.33 of the Revised Code.~~	73878

Sec. 3733.42. A board of health within whose jurisdiction an	73879
agricultural labor camp is located shall adopt rules governing the	73880
inspection of and issuance of licenses for agricultural labor	73881
camps. The rules shall require at a minimum annual inspections.	73882
The rules may include provisions for the levying of a fee for an	73883
agricultural labor camp license. The fee shall be established in	73884
accordance with section 3709.09 of the Revised Code.	73885

~~Sec. 3733.49.~~ Sec. 3733.43. (A) There is hereby established under	73886
the authority of the director of job and family services the	73887
office of the migrant agricultural ombudsperson. The director	73888
shall appoint the ombudsperson. No person shall serve as	73889
ombudsperson who has a fiduciary or pecuniary interest in an	73890
agricultural labor camp. The ombudsperson shall have recognized	73891
ability and experience in migrant labor issues and shall speak	73892
both English and Spanish fluently. The ombudsperson shall be a	73893
member of the classified civil service and shall be subject to an	73894
annual job evaluation by the director. The ombudsperson's salary	73895
shall be established in a pay range fixed by the director.	73896

(B) The migrant agricultural ombudsperson shall:

73897

(1) Collect and compile available data, statistics, and	73898
information concerning migrant agricultural laborers and	73899
agricultural labor camps published by any agency of this state,	73900
any agency of the federal government, and private organizations,	73901
including, but not limited to, churches and Hispanic	73902
organizations. These data, statistics, and information are public	73903
records as defined in section 149.43 of the Revised Code.	73904

(2) Coordinate the collection, analysis, and dissemination of	73905
information about the supply and quality of housing for migrant	73906
agricultural laborers in both licensed and unlicensed camps;	73907

(3) Become familiar with state and federal laws and rules	73908
concerning migrant agricultural laborers and agricultural labor	73909
camps and especially with state and federal programs for which	73910
migrant agricultural laborers might qualify;	73911

(4) Establish a toll-free telephone number that:

73912

(a) Camp owners and farmers who employ migrant agricultural	73913
laborers may use to seek clarification of laws and rules	73914
applicable to camps and for registering complaints; and	73915

(b) Migrant agricultural laborers may use for the purpose of	73916
obtaining information described in divisions (B)(1) and (2) of	73917
this section and for registering complaints.	73918

(5) Refer problems, complaints, or questions brought to the	73919
ombudsperson's attention to the appropriate state or federal	73920
agency or the attorney general;	73921

(6) Serve as an advocate for migrant agricultural laborers in	73922
social service matters;	73923

(7) Submit an annual report to the president of the senate,	73924
the speaker of the house of representatives, and the members of	73925
the minority leadership of the senate and house of representatives	73926
on or before the thirtieth day of June of each year describing	73927
migrant agricultural labor conditions found by the ombudsperson's	73928
office, along with an assessment of the effect of existing law on	73929
migrant agricultural labor and labor camps and any recommendations	73930
for change. The report shall contain a compilation of the kinds of	73931
complaints received and recommendations for any changes in the	73932
laws or rules that the ombudsperson considers necessary or	73933
desirable.	73934

(8) Develop and recommend to the general assembly definitions	73935
of "migrant agricultural laborer" and "migrant farmworker child"	73936
to be used consistently by all state agencies, including, but not	73937
limited to, boards, departments, divisions, commissions, bureaus,	73938
societies, councils, and institutions; and	73939

(9) Conduct a peak-period census of migrant agricultural	73940
laborers in this state, by county, so that the ombudsperson can	73941
properly assess the need for housing for those laborers. The	73942
department of health shall assist the ombudsperson by providing	73943
information on the peak occupancy of agricultural labor camps and	73944
other additional information obtained through inspections of	73945
agricultural labor camps.	73946

Sec. 3734.02. (A) The director of environmental protection,	73947
in accordance with Chapter 119. of the Revised Code, shall adopt	73948
and may amend, suspend, or rescind rules having uniform	73949
application throughout the state governing solid waste facilities	73950
and the inspections of and issuance of permits and licenses for	73951
all solid waste facilities in order to ensure that the facilities	73952
will be located, maintained, and operated, and will undergo	73953
closure and post-closure care, in a sanitary manner so as not to	73954
create a nuisance, cause or contribute to water pollution, create	73955
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	73956
257.3-8, as amended. The rules may include, without limitation,	73957
financial assurance requirements for closure and post-closure care	73958
and corrective action and requirements for taking corrective	73959
action in the event of the surface or subsurface discharge or	73960
migration of explosive gases or leachate from a solid waste	73961
facility, or of ground water contamination resulting from the	73962
transfer or disposal of solid wastes at a facility, beyond the	73963
boundaries of any area within a facility that is operating or is	73964
undergoing closure or post-closure care where solid wastes were	73965
disposed of or are being disposed of. The rules shall not concern	73966
or relate to personnel policies, salaries, wages, fringe benefits,	73967
or other conditions of employment of employees of persons owning	73968
or operating solid waste facilities. The director, in accordance	73969
with Chapter 119. of the Revised Code, shall adopt and may amend,	73970
suspend, or rescind rules governing the issuance, modification,	73971
revocation, suspension, or denial of variances from the director's	73972
solid waste rules, including, without limitation, rules adopted	73973
under this chapter governing the management of scrap tires.	73974

Variances shall be issued, modified, revoked, suspended, or	73975
rescinded in accordance with this division, rules adopted under	73976
it, and Chapter 3745. of the Revised Code. The director may order	73977
the person to whom a variance is issued to take such action within	73978
such time as the director may determine to be appropriate and	73979
reasonable to prevent the creation of a nuisance or a hazard to	73980
the public health or safety or the environment. Applications for	73981
variances shall contain such detail plans, specifications, and	73982
information regarding objectives, procedures, controls, and other	73983
pertinent data as the director may require. The director shall	73984
grant a variance only if the applicant demonstrates to the	73985
director's satisfaction that construction and operation of the	73986
solid waste facility in the manner allowed by the variance and any	73987
terms or conditions imposed as part of the variance will not	73988
create a nuisance or a hazard to the public health or safety or	73989
the environment. In granting any variance, the director shall	73990
state the specific provision or provisions whose terms are to be	73991
varied and also shall state specific terms or conditions imposed	73992
upon the applicant in place of the provision or provisions. The	73993
director may hold a public hearing on an application for a	73994
variance or renewal of a variance at a location in the county	73995
where the operations that are the subject of the application for	73996
the variance are conducted. The director shall give not less than	73997
twenty days' notice of the hearing to the applicant by certified	73998
mail and shall publish at least one notice of the hearing in a	73999
newspaper with general circulation in the county where the hearing	74000
is to be held. The director shall make available for public	74001
inspection at the principal office of the environmental protection	74002
agency a current list of pending applications for variances and a	74003
current schedule of pending variance hearings. The director shall	74004
make a complete stenographic record of testimony and other	74005
evidence submitted at the hearing. Within ten days after the	74006
hearing, the director shall make a written determination to issue,	74007
renew, or deny the variance and shall enter the determination and	74008
the basis for it into the record of the hearing. The director	74009
shall issue, renew, or deny an application for a variance or	74010
renewal of a variance within six months of the date upon which the	74011
director receives a complete application with all pertinent	74012
information and data required. No variance shall be issued,	74013
revoked, modified, or denied until the director has considered the	74014
relative interests of the applicant, other persons and property	74015
affected by the variance, and the general public. Any variance	74016
granted under this division shall be for a period specified by the	74017
director and may be renewed from time to time on such terms and	74018
for such periods as the director determines to be appropriate. No	74019
application shall be denied and no variance shall be revoked or	74020
modified without a written order stating the findings upon which	74021
the denial, revocation, or modification is based. A copy of the	74022
order shall be sent to the applicant or variance holder by	74023
certified mail.	74024

(B) The director shall prescribe and furnish the forms	74025
necessary to administer and enforce this chapter. The director may	74026
cooperate with and enter into agreements with other state, local,	74027
or federal agencies to carry out the purposes of this chapter. The	74028
director may exercise all incidental powers necessary to carry out	74029
the purposes of this chapter.	74030

The director may use moneys in the infectious waste	74031
management fund created in section 3734.021 of the Revised Code	74032
exclusively for administering and enforcing the provisions of this	74033
chapter governing the management of infectious wastes. Of each	74034
registration and renewal fee collected under rules adopted under	74035
division (A)(2)(a) of section 3734.021 or under section 3734.022	74036
of the Revised Code, the director, within forty-five days of its	74037
receipt, shall remit from the fund one-half of the fee received to	74038
the board of health of the health district in which the registered	74039
premises is located, or, in the instance of an infectious wastes	74040
transporter, to the board of health of the health district in	74041
which the transporter's principal place of business is located.	74042
However, if the board of health having jurisdiction over a	74043
registrant's premises or principal place of business is not on the	74044
approved list under section 3734.08 of the Revised Code, the	74045
director shall not make that payment to the board of health.	74046

(C) Except as provided in this division and divisions (N)(2)	74047
and (3) of this section, no person shall establish a new solid	74048
waste facility or infectious waste treatment facility, or modify	74049
an existing solid waste facility or infectious waste treatment	74050
facility, without submitting an application for a permit with	74051
accompanying detail plans, specifications, and information	74052
regarding the facility and method of operation and receiving a	74053
permit issued by the director, except that no permit shall be	74054
required under this division to install or operate a solid waste	74055
facility for sewage sludge treatment or disposal when the	74056
treatment or disposal is authorized by a current permit issued	74057
under Chapter 3704. or 6111. of the Revised Code.	74058

No person shall continue to operate a solid waste facility	74059
for which the director has denied a permit for which an	74060
application was required under division (A)(3) of section 3734.05	74061
of the Revised Code, or for which the director has disapproved	74062
plans and specifications required to be filed by an order issued	74063
under division (A)(5) of that section, after the date prescribed	74064
for commencement of closure of the facility in the order issued	74065
under division (A)(6) of section 3734.05 of the Revised Code	74066
denying the permit application or approval.	74067

On and after the effective date of the rules adopted under	74068
division (A) of this section and division (D) of section 3734.12	74069
of the Revised Code governing solid waste transfer facilities, no	74070
person shall establish a new, or modify an existing, solid waste	74071
transfer facility without first submitting an application for a	74072
permit with accompanying engineering detail plans, specifications,	74073
and information regarding the facility and its method of operation	74074
to the director and receiving a permit issued by the director.	74075

No person shall establish a new compost facility or continue	74076
to operate an existing compost facility that accepts exclusively	74077
source separated yard wastes without submitting a completed	74078
registration for the facility to the director in accordance with	74079
rules adopted under divisions (A) and (N)(3) of this section.	74080

This division does not apply to an infectious waste treatment	74081
facility that meets any of the following conditions:	74082

(1) Is owned or operated by the generator of the wastes and	74083
exclusively treats, by methods, techniques, and practices	74084
established by rules adopted under division (C)(1) or (3) of	74085
section 3734.021 of the Revised Code, wastes that are generated at	74086
any premises owned or operated by that generator regardless of	74087
whether the wastes are generated on the premises where the	74088
generator's treatment facility is located or, if the generator is	74089
a hospital as defined in section 3727.01 of the Revised Code,	74090
infectious wastes that are described in division (A)(1)(g), (h),	74091
or (i) of section 3734.021 of the Revised Code;	74092

(2) Holds a license or renewal of a license to operate a	74093
crematory facility issued under Chapter 4717. and a permit issued	74094
under Chapter 3704. of the Revised Code;	74095

(3) Treats or disposes of dead animals or parts thereof, or	74096
the blood of animals, and is subject to any of the following:	74097

(a) Inspection under the "Federal Meat Inspection Act," 81	74098
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	74099

(b) Chapter 918. of the Revised Code;

74100

74101

(D) Neither this chapter nor any rules adopted under it apply	74102
to single-family residential premises; to infectious wastes	74103
generated by individuals for purposes of their own care or	74104
treatment that are disposed of with solid wastes from the	74105
individual's residence; to the temporary storage of solid wastes,	74106
other than scrap tires, prior to their collection for disposal; to	74107
the storage of one hundred or fewer scrap tires unless they are	74108
stored in such a manner that, in the judgment of the director or	74109
the board of health of the health district in which the scrap	74110
tires are stored, the storage causes a nuisance, a hazard to	74111
public health or safety, or a fire hazard; or to the collection of	74112
solid wastes, other than scrap tires, by a political subdivision	74113
or a person holding a franchise or license from a political	74114
subdivision of the state; to composting, as defined in section	74115
1511.01 of the Revised Code, conducted in accordance with section	74116
1511.022 of the Revised Code; or to any person who is licensed to	74117
transport raw rendering material to a compost facility pursuant to	74118
section 953.23 of the Revised Code.	74119

(E)(1) As used in this division:

74120

(a) "On-site facility" means a facility that stores, treats,	74121
or disposes of hazardous waste that is generated on the premises	74122
of the facility.	74123

(b) "Off-site facility" means a facility that stores, treats,	74124
or disposes of hazardous waste that is generated off the premises	74125
of the facility and includes such a facility that is also an	74126
on-site facility.	74127

74128

(i) An on-site facility that also receives hazardous waste	74129
from other premises owned by the same person who generates the	74130
waste on the facility premises;	74131

(ii) An off-site facility operated so that all of the	74132
hazardous waste it receives is generated on one or more premises	74133
owned by the person who owns the facility;	74134

(iii) An on-site facility that also receives hazardous waste	74135
that is transported uninterruptedly and directly to the facility	74136
through a pipeline from a generator who is not the owner of the	74137
facility.	74138

(2) Except as provided in division (E)(3) of this section, no	74139
person shall establish or operate a hazardous waste facility, or	74140
use a solid waste facility for the storage, treatment, or disposal	74141
of any hazardous waste, without a hazardous waste facility	74142
installation and operation permit issued in accordance with	74143
section 3734.05 of the Revised Code and subject to the payment of	74144
an application fee not to exceed one thousand five hundred	74145
dollars, payable upon application for a hazardous waste facility	74146
installation and operation permit and upon application for a	74147
renewal permit issued under division (H) of section 3734.05 of the	74148
Revised Code, to be credited to the hazardous waste facility	74149
management fund created in section 3734.18 of the Revised Code.	74150
The term of a hazardous waste facility installation and operation	74151
permit shall not exceed ten years.	74152

In addition to the application fee, there is hereby levied an	74153
annual permit fee to be paid by the permit holder upon the	74154
anniversaries of the date of issuance of the hazardous waste	74155
facility installation and operation permit and of any subsequent	74156
renewal permits and to be credited to the hazardous waste facility	74157
management fund. Annual permit fees totaling forty thousand	74158
dollars or more for any one facility may be paid on a quarterly	74159
basis with the first quarterly payment each year being due on the	74160
anniversary of the date of issuance of the hazardous waste	74161
facility installation and operation permit and of any subsequent	74162
renewal permits. The annual permit fee shall be determined for	74163
each permit holder by the director in accordance with the	74164
following schedule:	74165

TYPE OF BASIC			74166
MANAGEMENT UNIT	TYPE OF FACILITY	FEE	74167
Storage facility using:			74168
Containers	On-site, off-site, and		74169
	satellite	$ 500	74170
Tanks	On-site, off-site, and		74171
	satellite	500	74172
Waste pile	On-site, off-site, and		74173
	satellite	3,000	74174
Surface impoundment	On-site and satellite	8,000	74175
	Off-site	10,000	74176
Disposal facility using:			74177
Deep well injection	On-site and satellite	15,000	74178
	Off-site	25,000	74179
Landfill	On-site and satellite	25,000	74180
	Off-site	40,000	74181
Land application	On-site and satellite	2,500	74182
	Off-site	5,000	74183
Surface impoundment	On-site and satellite	10,000	74184
	Off-site	20,000	74185
Treatment facility using:			74186
Tanks	On-site, off-site, and		74187
	satellite	700	74188
Surface impoundment	On-site and satellite	8,000	74189
	Off-site	10,000	74190
Incinerator	On-site and satellite	5,000	74191
	Off-site	10,000	74192
Other forms			74193
of treatment	On-site, off-site, and		74194
	satellite	1,000	74195

A hazardous waste disposal facility that disposes of	74196
hazardous waste by deep well injection and that pays the annual	74197
permit fee established in section 6111.046 of the Revised Code is	74198
not subject to the permit fee established in this division for	74199
disposal facilities using deep well injection unless the director	74200
determines that the facility is not in compliance with applicable	74201
requirements established under this chapter and rules adopted	74202
under it.	74203

In determining the annual permit fee required by this	74204
section, the director shall not require additional payments for	74205
multiple units of the same method of storage, treatment, or	74206
disposal or for individual units that are used for both storage	74207
and treatment. A facility using more than one method of storage,	74208
treatment, or disposal shall pay the permit fee indicated by the	74209
schedule for each such method.	74210

The director shall not require the payment of that portion of	74211
an annual permit fee of any permit holder that would apply to a	74212
hazardous waste management unit for which a permit has been	74213
issued, but for which construction has not yet commenced. Once	74214
construction has commenced, the director shall require the payment	74215
of a part of the appropriate fee indicated by the schedule that	74216
bears the same relationship to the total fee that the number of	74217
days remaining until the next anniversary date at which payment of	74218
the annual permit fee is due bears to three hundred sixty-five.	74219

The director, by rules adopted in accordance with Chapters	74220
119. and 3745. of the Revised Code, shall prescribe procedures for	74221
collecting the annual permit fee established by this division and	74222
may prescribe other requirements necessary to carry out this	74223
division.	74224

(3) The prohibition against establishing or operating a	74225
hazardous waste facility without a hazardous waste facility	74226
installation and operation permit does not apply to either of the	74227
following:	74228

(a) A facility that is operating in accordance with a permit	74229
renewal issued under division (H) of section 3734.05 of the	74230
Revised Code, a revision issued under division (I) of that section	74231
as it existed prior to August 20, 1996, or a modification issued	74232
by the director under division (I) of that section on and after	74233
August 20, 1996;	74234

(b) Except as provided in division (J) of section 3734.05 of	74235
the Revised Code, a facility that will operate or is operating in	74236
accordance with a permit by rule, or that is not subject to permit	74237
requirements, under rules adopted by the director. In accordance	74238
with Chapter 119. of the Revised Code, the director shall adopt,	74239
and subsequently may amend, suspend, or rescind, rules for the	74240
purposes of division (E)(3)(b) of this section. Any rules so	74241
adopted shall be consistent with and equivalent to regulations	74242
pertaining to interim status adopted under the "Resource	74243
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	74244
6921, as amended, except as otherwise provided in this chapter.	74245

If a modification is requested or proposed for a facility	74246
described in division (E)(3)(a) or (b) of this section, division	74247
(I)(7) of section 3734.05 of the Revised Code applies.	74248

(F) No person shall store, treat, or dispose of hazardous	74249
waste identified or listed under this chapter and rules adopted	74250
under it, regardless of whether generated on or off the premises	74251
where the waste is stored, treated, or disposed of, or transport	74252
or cause to be transported any hazardous waste identified or	74253
listed under this chapter and rules adopted under it to any other	74254
premises, except at or to any of the following:	74255

(1) A hazardous waste facility operating under a permit	74256
issued in accordance with this chapter;	74257

(2) A facility in another state operating under a license or	74258
permit issued in accordance with the "Resource Conservation and	74259
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	74260
amended;	74261

(3) A facility in another nation operating in accordance with	74262
the laws of that nation;	74263

(4) A facility holding a permit issued pursuant to Title I of	74264
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	74265
Stat. 1052, 33 U.S.C.A. 1401, as amended;	74266

(5) A hazardous waste facility as described in division	74267
(E)(3)(a) or (b) of this section.	74268

(G) The director, by order, may exempt any person generating,	74269
collecting, storing, treating, disposing of, or transporting solid	74270
wastes, infectious wastes, or hazardous waste, or processing solid	74271
wastes that consist of scrap tires, in such quantities or under	74272
such circumstances that, in the determination of the director, are	74273
unlikely to adversely affect the public health or safety or the	74274
environment from any requirement to obtain a registration	74275
certificate, permit, or license or comply with the manifest system	74276
or other requirements of this chapter. Such an exemption shall be	74277
consistent with and equivalent to any regulations adopted by the	74278
administrator of the United States environmental protection agency	74279
under the "Resource Conservation and Recovery Act of 1976," 90	74280
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	74281
provided in this chapter.	74282

(H) No person shall engage in filling, grading, excavating,	74283
building, drilling, or mining on land where a hazardous waste	74284
facility, or a solid waste facility, was operated without prior	74285
authorization from the director, who shall establish the procedure	74286
for granting such authorization by rules adopted in accordance	74287
with Chapter 119. of the Revised Code.	74288

A public utility that has main or distribution lines above or	74289
below the land surface located on an easement or right-of-way	74290
across land where a solid waste facility was operated may engage	74291
in any such activity within the easement or right-of-way without	74292
prior authorization from the director for purposes of performing	74293
emergency repair or emergency replacement of its lines; of the	74294
poles, towers, foundations, or other structures supporting or	74295
sustaining any such lines; or of the appurtenances to those	74296
structures, necessary to restore or maintain existing public	74297
utility service. A public utility may enter upon any such easement	74298
or right-of-way without prior authorization from the director for	74299
purposes of performing necessary or routine maintenance of those	74300
portions of its existing lines; of the existing poles, towers,	74301
foundations, or other structures sustaining or supporting its	74302
lines; or of the appurtenances to any such supporting or	74303
sustaining structure, located on or above the land surface on any	74304
such easement or right-of-way. Within twenty-four hours after	74305
commencing any such emergency repair, replacement, or maintenance	74306
work, the public utility shall notify the director or the	74307
director's authorized representative of those activities and shall	74308
provide such information regarding those activities as the	74309
director or the director's representative may request. Upon	74310
completion of the emergency repair, replacement, or maintenance	74311
activities, the public utility shall restore any land of the solid	74312
waste facility disturbed by those activities to the condition	74313
existing prior to the commencement of those activities.	74314

(I) No owner or operator of a hazardous waste facility, in	74315
the operation of the facility, shall cause, permit, or allow the	74316
emission therefrom of any particulate matter, dust, fumes, gas,	74317
mist, smoke, vapor, or odorous substance that, in the opinion of	74318
the director, unreasonably interferes with the comfortable	74319
enjoyment of life or property by persons living or working in the	74320
vicinity of the facility, or that is injurious to public health.	74321
Any such action is hereby declared to be a public nuisance.	74322

(J) Notwithstanding any other provision of this chapter, in	74323
the event the director finds an imminent and substantial danger to	74324
public health or safety or the environment that creates an	74325
emergency situation requiring the immediate treatment, storage, or	74326
disposal of hazardous waste, the director may issue a temporary	74327
emergency permit to allow the treatment, storage, or disposal of	74328
the hazardous waste at a facility that is not otherwise authorized	74329
by a hazardous waste facility installation and operation permit to	74330
treat, store, or dispose of the waste. The emergency permit shall	74331
not exceed ninety days in duration and shall not be renewed. The	74332
director shall adopt, and may amend, suspend, or rescind, rules in	74333
accordance with Chapter 119. of the Revised Code governing the	74334
issuance, modification, revocation, and denial of emergency	74335
permits.	74336

(K) No owner or operator of a sanitary landfill shall	74337
knowingly accept for disposal, or dispose of, any infectious	74338
wastes, other than those subject to division (A)(1)(c) of section	74339
3734.021 of the Revised Code, that have not been treated to render	74340
them noninfectious. For the purposes of this division,	74341
certification by the owner or operator of the treatment facility	74342
where the wastes were treated on the shipping paper required by	74343
rules adopted under division (D)(2) of that section creates a	74344
rebuttable presumption that the wastes have been so treated.	74345

(L) The director, in accordance with Chapter 119. of the	74346
Revised Code, shall adopt, and may amend, suspend, or rescind,	74347
rules having uniform application throughout the state establishing	74348
a training and certification program that shall be required for	74349
employees of boards of health who are responsible for enforcing	74350
the solid waste and infectious waste provisions of this chapter	74351
and rules adopted under them and for persons who are responsible	74352
for the operation of solid waste facilities or infectious waste	74353
treatment facilities. The rules shall provide all of the	74354
following, without limitation:	74355

(1) The program shall be administered by the director and	74356
shall consist of a course on new solid waste and infectious waste	74357
technologies, enforcement procedures, and rules;	74358

(2) The course shall be offered on an annual basis;

74359

(3) Those persons who are required to take the course under	74360
division (L) of this section shall do so triennially;	74361

(4) Persons who successfully complete the course shall be	74362
certified by the director;	74363

(5) Certification shall be required for all employees of	74364
boards of health who are responsible for enforcing the solid waste	74365
or infectious waste provisions of this chapter and rules adopted	74366
under them and for all persons who are responsible for the	74367
operation of solid waste facilities or infectious waste treatment	74368
facilities;	74369

(6)(a) All employees of a board of health who, on the	74370
effective date of the rules adopted under this division, are	74371
responsible for enforcing the solid waste or infectious waste	74372
provisions of this chapter and the rules adopted under them shall	74373
complete the course and be certified by the director not later	74374
than January 1, 1995;	74375

(b) All employees of a board of health who, after the	74376
effective date of the rules adopted under division (L) of this	74377
section, become responsible for enforcing the solid waste or	74378
infectious waste provisions of this chapter and rules adopted	74379
under them and who do not hold a current and valid certification	74380
from the director at that time shall complete the course and be	74381
certified by the director within two years after becoming	74382
responsible for performing those activities.	74383

No person shall fail to obtain the certification required	74384
under this division.	74385

(M) The director shall not issue a permit under section	74386
3734.05 of the Revised Code to establish a solid waste facility,	74387
or to modify a solid waste facility operating on December 21,	74388
1988, in a manner that expands the disposal capacity or geographic	74389
area covered by the facility, that is or is to be located within	74390
the boundaries of a state park established or dedicated under	74391
Chapter 1541. of the Revised Code, a state park purchase area	74392
established under section 1541.02 of the Revised Code, any unit of	74393
the national park system, or any property that lies within the	74394
boundaries of a national park or recreation area, but that has not	74395
been acquired or is not administered by the secretary of the	74396
United States department of the interior, located in this state,	74397
or any candidate area located in this state and identified for	74398
potential inclusion in the national park system in the edition of	74399
the "national park system plan" submitted under paragraph (b) of	74400
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	74401
U.S.C.A. 1a-5, as amended, current at the time of filing of the	74402
application for the permit, unless the facility or proposed	74403
facility is or is to be used exclusively for the disposal of solid	74404
wastes generated within the park or recreation area and the	74405
director determines that the facility or proposed facility will	74406
not degrade any of the natural or cultural resources of the park	74407
or recreation area. The director shall not issue a variance under	74408
division (A) of this section and rules adopted under it, or issue	74409
an exemption order under division (G) of this section, that would	74410
authorize any such establishment or expansion of a solid waste	74411
facility within the boundaries of any such park or recreation	74412
area, state park purchase area, or candidate area, other than a	74413
solid waste facility exclusively for the disposal of solid wastes	74414
generated within the park or recreation area when the director	74415
determines that the facility will not degrade any of the natural	74416
or cultural resources of the park or recreation area.	74417

(N)(1) The rules adopted under division (A) of this section,	74418
other than those governing variances, do not apply to scrap tire	74419
collection, storage, monocell, monofill, and recovery facilities.	74420
Those facilities are subject to and governed by rules adopted	74421
under sections 3734.70 to 3734.73 of the Revised Code, as	74422
applicable.	74423

(2) Division (C) of this section does not apply to scrap tire	74424
collection, storage, monocell, monofill, and recovery facilities.	74425
The establishment and modification of those facilities are subject	74426
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	74427
Code, as applicable.	74428

(3) The director may adopt, amend, suspend, or rescind rules	74429
under division (A) of this section creating an alternative system	74430
for authorizing the establishment, operation, or modification of a	74431
solid waste compost facility in lieu of the requirement that a	74432
person seeking to establish, operate, or modify a solid waste	74433
compost facility apply for and receive a permit under division (C)	74434
of this section and section 3734.05 of the Revised Code and a	74435
license under division (A)(1) of that section. The rules may	74436
include requirements governing, without limitation, the	74437
classification of solid waste compost facilities, the submittal of	74438
operating records for solid waste compost facilities, and the	74439
creation of a registration or notification system in lieu of the	74440
issuance of permits and licenses for solid waste compost	74441
facilities. The rules shall specify the applicability of divisions	74442
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	74443
Code to a solid waste compost facility.	74444

Sec. 3734.05. (A)(1) Except as provided in divisions (A)(4),	74445
(8), and (9) of this section, no person shall operate or maintain	74446
a solid waste facility without a license issued under this	74447
division by the board of health of the health district in which	74448
the facility is located or by the director of environmental	74449
protection when the health district in which the facility is	74450
located is not on the approved list under section 3734.08 of the	74451
Revised Code.	74452

During the month of December, but before the first day of	74453
January of the next year, every person proposing to continue to	74454
operate an existing solid waste facility shall procure a license	74455
under this division to operate the facility for that year from the	74456
board of health of the health district in which the facility is	74457
located or, if the health district is not on the approved list	74458
under section 3734.08 of the Revised Code, from the director. The	74459
application for such a license shall be submitted to the board of	74460
health or to the director, as appropriate, on or before the last	74461
day of September of the year preceding that for which the license	74462
is sought. In addition to the application fee prescribed in	74463
division (A)(2) of this section, a person who submits an	74464
application after that date shall pay an additional ten per cent	74465
of the amount of the application fee for each week that the	74466
application is late. Late payment fees accompanying an application	74467
submitted to the board of health shall be credited to the special	74468
fund of the health district created in division (B) of section	74469
3734.06 of the Revised Code, and late payment fees accompanying an	74470
application submitted to the director shall be credited to the	74471
general revenue fund. A person who has received a license, upon	74472
sale or disposition of a solid waste facility, and upon consent of	74473
the board of health and the director, may have the license	74474
transferred to another person. The board of health or the director	74475
may include such terms and conditions in a license or revision to	74476
a license as are appropriate to ensure compliance with this	74477
chapter and rules adopted under it. The terms and conditions may	74478
establish the authorized maximum daily waste receipts for the	74479
facility. Limitations on maximum daily waste receipts shall be	74480
specified in cubic yards of volume for the purpose of regulating	74481
the design, construction, and operation of solid waste facilities.	74482
Terms and conditions included in a license or revision to a	74483
license by a board of health shall be consistent with, and pertain	74484
only to the subjects addressed in, the rules adopted under	74485
division (A) of section 3734.02 and division (D) of section	74486
3734.12 of the Revised Code.	74487

(2)(a) Except as provided in divisions (A)(2)(b), (8), and	74488
(9) of this section, each person proposing to open a new solid	74489
waste facility or to modify an existing solid waste facility shall	74490
submit an application for a permit with accompanying detail plans	74491
and specifications to the environmental protection agency for	74492
required approval under the rules adopted by the director pursuant	74493
to division (A) of section 3734.02 of the Revised Code and	74494
applicable rules adopted under division (D) of section 3734.12 of	74495
the Revised Code at least two hundred seventy days before proposed	74496
operation of the facility and shall concurrently make application	74497
for the issuance of a license under division (A)(1) of this	74498
section with the board of health of the health district in which	74499
the proposed facility is to be located.	74500

(b) On and after the effective date of the rules adopted	74501
under division (A) of section 3734.02 of the Revised Code and	74502
division (D) of section 3734.12 of the Revised Code governing	74503
solid waste transfer facilities, each person proposing to open a	74504
new solid waste transfer facility or to modify an existing solid	74505
waste transfer facility shall submit an application for a permit	74506
with accompanying engineering detail plans, specifications, and	74507
information regarding the facility and its method of operation to	74508
the environmental protection agency for required approval under	74509
those rules at least two hundred seventy days before commencing	74510
proposed operation of the facility and concurrently shall make	74511
application for the issuance of a license under division (A)(1) of	74512
this section with the board of health of the health district in	74513
which the facility is located or proposed.	74514

(c) Each application for a permit under division (A)(2)(a) or	74515
(b) of this section shall be accompanied by a nonrefundable	74516
application fee of four hundred dollars that shall be credited to	74517
the general revenue fund. Each application for an annual license	74518
under division (A)(1) or (2) of this section shall be accompanied	74519
by a nonrefundable application fee of one hundred dollars. If the	74520
application for an annual license is submitted to a board of	74521
health on the approved list under section 3734.08 of the Revised	74522
Code, the application fee shall be credited to the special fund of	74523
the health district created in division (B) of section 3734.06 of	74524
the Revised Code. If the application for an annual license is	74525
submitted to the director, the application fee shall be credited	74526
to the general revenue fund. If a permit or license is issued, the	74527
amount of the application fee paid shall be deducted from the	74528
amount of the permit fee due under division (Q) of section 3745.11	74529
of the Revised Code or the amount of the license fee due under	74530
division (A)(1), (2), (3), or (4), or (5) of section 3734.06 of	74531
the Revised Code.	74532

(d) As used in divisions (A)(2)(d), (e), and (f) of this	74533
section, "modify" means any of the following:	74534

(i) Any increase of more than ten per cent in the total	74535
capacity of a solid waste facility;	74536

(ii) Any expansion of the limits of solid waste placement at	74537
a solid waste facility;	74538

(iii) Any increase in the depth of excavation at a solid	74539
waste facility;	74540

(iv) Any change in the technique of waste receipt or type of	74541
waste received at a solid waste facility that may endanger human	74542
health, as determined by the director by rules adopted in	74543
accordance with Chapter 119. of the Revised Code.	74544

Not later than ~~thirty-five~~forty-five days after submitting	74545
an application under division (A)(2)(a) or (b) of this section for	74546
a permit to open a new or modify an existing solid waste facility,	74547
the applicant, in conjunction with an officer or employee of the	74548
environmental protection agency, shall hold a public meeting on	74549
the application within the county in which the new or modified	74550
solid waste facility is or is proposed to be located or within a	74551
contiguous county. Not less than thirty days before holding the	74552
public meeting on the application, the applicant shall publish	74553
notice of the meeting in each newspaper of general circulation	74554
that is published in the county in which the facility is or is	74555
proposed to be located. If no newspaper of general circulation is	74556
published in the county, the applicant shall publish the notice in	74557
a newspaper of general circulation in the county. The notice shall	74558
contain the date, time, and location of the public meeting and a	74559
general description of the proposed new or modified facility. Not	74560
later than five days after publishing the notice, the applicant	74561
shall send by certified mail a copy of the notice and the date the	74562
notice was published to the director and the legislative authority	74563
of each municipal corporation, township, and county, and to the	74564
chief executive officer of each municipal corporation, in which	74565
the facility is or is proposed to be located. At the public	74566
meeting, the applicant shall provide information and describe the	74567
application and respond to comments or questions concerning the	74568
application, and the officer or employee of the agency shall	74569
describe the permit application process. At the public meeting,	74570
any person may submit written or oral comments on or objections to	74571
the application. Not more than thirty days after the public	74572
meeting, the applicant shall provide the director with a copy of a	74573
transcript of the full meeting, copies of any exhibits, displays,	74574
or other materials presented by the applicant at the meeting, and	74575
the original copy of any written comments submitted at the	74576
meeting.	74577

(e) Except as provided in division (A)(2)(f) of this section,	74578
prior to taking an action, other than a proposed or final denial,	74579
upon an application submitted under division (A)(2)(a) of this	74580
section for a permit to open a new or modify an existing solid	74581
waste facility, the director shall hold a public information	74582
session and a public hearing on the application within the county	74583
in which the new or modified solid waste facility is or is	74584
proposed to be located or within a contiguous county. If the	74585
application is for a permit to open a new solid waste facility,	74586
the director shall hold the hearing not less than fourteen days	74587
after the information session. If the application is for a permit	74588
to modify an existing solid waste facility, the director may hold	74589
both the information session and the hearing on the same day	74590
unless any individual affected by the application requests in	74591
writing that the information session and the hearing not be held	74592
on the same day, in which case the director shall hold the hearing	74593
not less than fourteen days after the information session. The	74594
director shall publish notice of the public information session or	74595
public hearing not less than thirty days before holding the	74596
information session or hearing, as applicable. The notice shall be	74597
published in each newspaper of general circulation that is	74598
published in the county in which the facility is or is proposed to	74599
be located. If no newspaper of general circulation is published in	74600
the county, the director shall publish the notice in a newspaper	74601
of general circulation in the county. The notice shall contain the	74602
date, time, and location of the information session or hearing, as	74603
applicable, and a general description of the proposed new or	74604
modified facility. At the public information session, an officer	74605
or employee of the environmental protection agency shall describe	74606
the status of the permit application and be available to respond	74607
to comments or questions concerning the application. At the public	74608
hearing, any person may submit written or oral comments on or	74609
objections to the approval of the application. The applicant, or a	74610
representative of the applicant who has knowledge of the location,	74611
construction, and operation of the facility, shall attend the	74612
information session and public hearing to respond to comments or	74613
questions concerning the facility directed to the applicant or	74614
representative by the officer or employee of the environmental	74615
protection agency presiding at the information session and	74616
hearing.	74617

(f) The solid waste management policy committee of a county	74618
or joint solid waste management district may adopt a resolution	74619
requesting expeditious consideration of a specific application	74620
submitted under division (A)(2)(a) of this section for a permit to	74621
modify an existing solid waste facility within the district. The	74622
resolution shall make the finding that expedited consideration of	74623
the application without the public information session and public	74624
hearing under division (A)(2)(e) of this section is in the public	74625
interest and will not endanger human health, as determined by the	74626
director by rules adopted in accordance with Chapter 119. of the	74627
Revised Code. Upon receiving such a resolution, the director, at	74628
the director's discretion, may issue a final action upon the	74629
application without holding a public information session or public	74630
hearing pursuant to division (A)(2)(e) of this section.	74631

(3) Except as provided in division (A)(10) of this section,	74632
and unless the owner or operator of any solid waste facility,	74633
other than a solid waste transfer facility or a compost facility	74634
that accepts exclusively source separated yard wastes, that	74635
commenced operation on or before July 1, 1968, has obtained an	74636
exemption from the requirements of division (A)(3) of this section	74637
in accordance with division (G) of section 3734.02 of the Revised	74638
Code, the owner or operator shall submit to the director an	74639
application for a permit with accompanying engineering detail	74640
plans, specifications, and information regarding the facility and	74641
its method of operation for approval under rules adopted under	74642
division (A) of section 3734.02 of the Revised Code and applicable	74643
rules adopted under division (D) of section 3734.12 of the Revised	74644
Code in accordance with the following schedule:	74645

(a) Not later than September 24, 1988, if the facility is	74646
located in the city of Garfield Heights or Parma in Cuyahoga	74647
county;	74648

(b) Not later than December 24, 1988, if the facility is	74649
located in Delaware, Greene, Guernsey, Hamilton, Madison,	74650
Mahoning, Ottawa, or Vinton county;	74651

(c) Not later than March 24, 1989, if the facility is located	74652
in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or	74653
Washington county, or is located in the city of Brooklyn or	74654
Cuyahoga Heights in Cuyahoga county;	74655

(d) Not later than June 24, 1989, if the facility is located	74656
in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or	74657
Summit county or is located in Cuyahoga county outside the cities	74658
of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights;	74659

(e) Not later than September 24, 1989, if the facility is	74660
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	74661
county;	74662

(f) Not later than December 24, 1989, if the facility is	74663
located in a county not listed in divisions (A)(3)(a) to (e) of	74664
this section;	74665

(g) Notwithstanding divisions (A)(3)(a) to (f) of this	74666
section, not later than December 31, 1990, if the facility is a	74667
solid waste facility owned by a generator of solid wastes when the	74668
solid waste facility exclusively disposes of solid wastes	74669
generated at one or more premises owned by the generator	74670
regardless of whether the facility is located on a premises where	74671
the wastes are generated and if the facility disposes of more than	74672
one hundred thousand tons of solid wastes per year, provided that	74673
any such facility shall be subject to division (A)(5) of this	74674
section.	74675

(4) Except as provided in divisions (A)(8), (9), and (10) of	74676
this section, unless the owner or operator of any solid waste	74677
facility for which a permit was issued after July 1, 1968, but	74678
before January 1, 1980, has obtained an exemption from the	74679
requirements of division (A)(4) of this section under division (G)	74680
of section 3734.02 of the Revised Code, the owner or operator	74681
shall submit to the director an application for a permit with	74682
accompanying engineering detail plans, specifications, and	74683
information regarding the facility and its method of operation for	74684
approval under those rules.	74685

(5) The director may issue an order in accordance with	74686
Chapter 3745. of the Revised Code to the owner or operator of a	74687
solid waste facility requiring the person to submit to the	74688
director updated engineering detail plans, specifications, and	74689
information regarding the facility and its method of operation for	74690
approval under rules adopted under division (A) of section 3734.02	74691
of the Revised Code and applicable rules adopted under division	74692
(D) of section 3734.12 of the Revised Code if, in the director's	74693
judgment, conditions at the facility constitute a substantial	74694
threat to public health or safety or are causing or contributing	74695
to or threatening to cause or contribute to air or water pollution	74696
or soil contamination. Any person who receives such an order shall	74697
submit the updated engineering detail plans, specifications, and	74698
information to the director within one hundred eighty days after	74699
the effective date of the order.	74700

(6) The director shall act upon an application submitted	74701
under division (A)(3) or (4) of this section and any updated	74702
engineering plans, specifications, and information submitted under	74703
division (A)(5) of this section within one hundred eighty days	74704
after receiving them. If the director denies any such permit	74705
application, the order denying the application or disapproving the	74706
plans shall include the requirements that the owner or operator	74707
submit a plan for closure and post-closure care of the facility to	74708
the director for approval within six months after issuance of the	74709
order, cease accepting solid wastes for disposal or transfer at	74710
the facility, and commence closure of the facility not later than	74711
one year after issuance of the order. If the director determines	74712
that closure of the facility within that one-year period would	74713
result in the unavailability of sufficient solid waste management	74714
facility capacity within the county or joint solid waste	74715
management district in which the facility is located to dispose of	74716
or transfer the solid waste generated within the district, the	74717
director in the order of denial or disapproval may postpone	74718
commencement of closure of the facility for such period of time as	74719
the director finds necessary for the board of county commissioners	74720
or directors of the district to secure access to or for there to	74721
be constructed within the district sufficient solid waste	74722
management facility capacity to meet the needs of the district,	74723
provided that the director shall certify in the director's order	74724
that postponing the date for commencement of closure will not	74725
endanger ground water or any property surrounding the facility,	74726
allow methane gas migration to occur, or cause or contribute to	74727
any other type of environmental damage.	74728

If an emergency need for disposal capacity that may affect	74729
public health and safety exists as a result of closure of a	74730
facility under division (A)(6) of this section, the director may	74731
issue an order designating another solid waste facility to accept	74732
the wastes that would have been disposed of at the facility to be	74733
closed.	74734

(7) If the director determines that standards more stringent	74735
than those applicable in rules adopted under division (A) of	74736
section 3734.02 of the Revised Code and division (D) of section	74737
3734.12 of the Revised Code, or standards pertaining to subjects	74738
not specifically addressed by those rules, are necessary to ensure	74739
that a solid waste facility constructed at the proposed location	74740
will not cause a nuisance, cause or contribute to water pollution,	74741
or endanger public health or safety, the director may issue a	74742
permit for the facility with such terms and conditions as the	74743
director finds necessary to protect public health and safety and	74744
the environment. If a permit is issued, the director shall state	74745
in the order issuing it the specific findings supporting each such	74746
term or condition.	74747

(8) Divisions (A)(1), (2)(a), (3), and (4) of this section do	74748
not apply to a solid waste compost facility that accepts	74749
exclusively source separated yard wastes and that is registered	74750
under division (C) of section 3734.02 of the Revised Code or,	74751
unless otherwise provided in rules adopted under division (N)(3)	74752
of section 3734.02 of the Revised Code, to a solid waste compost	74753
facility if the director has adopted rules establishing an	74754
alternative system for authorizing the establishment, operation,	74755
or modification of a solid waste compost facility under that	74756
division.	74757

(9) Divisions (A)(1) to (7) of this section do not apply to	74758
scrap tire collection, storage, monocell, monofill, and recovery	74759
facilities. The approval of plans and specifications, as	74760
applicable, and the issuance of registration certificates,	74761
permits, and licenses for those facilities are subject to sections	74762
3734.75 to 3734.78 of the Revised Code, as applicable, and section	74763
3734.81 of the Revised Code.	74764

(10) Divisions (A)(3) and (4) of this section do not apply to	74765
a solid waste incinerator that was placed into operation on or	74766
before October 12, 1994, and that is not authorized to accept and	74767
treat infectious wastes pursuant to division (B) of this section.	74768

(B)(1) Each person who is engaged in the business of treating	74769
infectious wastes for profit at a treatment facility located off	74770
the premises where the wastes are generated that is in operation	74771
on August 10, 1988, and who proposes to continue operating the	74772
facility shall submit to the board of health of the health	74773
district in which the facility is located an application for a	74774
license to operate the facility.	74775

Thereafter, no person shall operate or maintain an infectious	74776
waste treatment facility without a license issued by the board of	74777
health of the health district in which the facility is located or	74778
by the director when the health district in which the facility is	74779
located is not on the approved list under section 3734.08 of the	74780
Revised Code.	74781

(2)(a) During the month of December, but before the first day	74782
of January of the next year, every person proposing to continue to	74783
operate an existing infectious waste treatment facility shall	74784
procure a license to operate the facility for that year from the	74785
board of health of the health district in which the facility is	74786
located or, if the health district is not on the approved list	74787
under section 3734.08 of the Revised Code, from the director. The	74788
application for such a license shall be submitted to the board of	74789
health or to the director, as appropriate, on or before the last	74790
day of September of the year preceding that for which the license	74791
is sought. In addition to the application fee prescribed in	74792
division (B)(2)(c) of this section, a person who submits an	74793
application after that date shall pay an additional ten per cent	74794
of the amount of the application fee for each week that the	74795
application is late. Late payment fees accompanying an application	74796
submitted to the board of health shall be credited to the special	74797
infectious waste fund of the health district created in division	74798
(C) of section 3734.06 of the Revised Code, and late payment fees	74799
accompanying an application submitted to the director shall be	74800
credited to the general revenue fund. A person who has received a	74801
license, upon sale or disposition of an infectious waste treatment	74802
facility and upon consent of the board of health and the director,	74803
may have the license transferred to another person. The board of	74804
health or the director may include such terms and conditions in a	74805
license or revision to a license as are appropriate to ensure	74806
compliance with the infectious waste provisions of this chapter	74807
and rules adopted under them.	74808

(b) Each person proposing to open a new infectious waste	74809
treatment facility or to modify an existing infectious waste	74810
treatment facility shall submit an application for a permit with	74811
accompanying detail plans and specifications to the environmental	74812
protection agency for required approval under the rules adopted by	74813
the director pursuant to section 3734.021 of the Revised Code two	74814
hundred seventy days before proposed operation of the facility and	74815
concurrently shall make application for a license with the board	74816
of health of the health district in which the facility is or is	74817
proposed to be located. Not later than ninety days after receiving	74818
a completed application under division (B)(2)(b) of this section	74819
for a permit to open a new infectious waste treatment facility or	74820
modify an existing infectious waste treatment facility to expand	74821
its treatment capacity, or receiving a completed application under	74822
division (A)(2)(a) of this section for a permit to open a new	74823
solid waste incineration facility, or modify an existing solid	74824
waste incineration facility to also treat infectious wastes or to	74825
increase its infectious waste treatment capacity, that pertains to	74826
a facility for which a notation authorizing infectious waste	74827
treatment is included or proposed to be included in the solid	74828
waste incineration facility's license pursuant to division (B)(3)	74829
of this section, the director shall hold a public hearing on the	74830
application within the county in which the new or modified	74831
infectious waste or solid waste facility is or is proposed to be	74832
located or within a contiguous county. Not less than thirty days	74833
before holding the public hearing on the application, the director	74834
shall publish notice of the hearing in each newspaper that has	74835
general circulation and that is published in the county in which	74836
the facility is or is proposed to be located. If there is no	74837
newspaper that has general circulation and that is published in	74838
the county, the director shall publish the notice in a newspaper	74839
of general circulation in the county. The notice shall contain the	74840
date, time, and location of the public hearing and a general	74841
description of the proposed new or modified facility. At the	74842
public hearing, any person may submit written or oral comments on	74843
or objections to the approval or disapproval of the application.	74844
The applicant, or a representative of the applicant who has	74845
knowledge of the location, construction, and operation of the	74846
facility, shall attend the public hearing to respond to comments	74847
or questions concerning the facility directed to the applicant or	74848
representative by the officer or employee of the environmental	74849
protection agency presiding at the hearing.	74850

(c) Each application for a permit under division (B)(2)(b) of	74851
this section shall be accompanied by a nonrefundable application	74852
fee of four hundred dollars that shall be credited to the general	74853
revenue fund. Each application for an annual license under	74854
division (B)(2)(a) of this section shall be accompanied by a	74855
nonrefundable application fee of one hundred dollars. If the	74856
application for an annual license is submitted to a board of	74857
health on the approved list under section 3734.08 of the Revised	74858
Code, the application fee shall be credited to the special	74859
infectious waste fund of the health district created in division	74860
(C) of section 3734.06 of the Revised Code. If the application for	74861
an annual license is submitted to the director, the application	74862
fee shall be credited to the general revenue fund. If a permit or	74863
license is issued, the amount of the application fee paid shall be	74864
deducted from the amount of the permit fee due under division (Q)	74865
of section 3745.11 of the Revised Code or the amount of the	74866
license fee due under division (C) of section 3734.06 of the	74867
Revised Code.	74868

(d) The owner or operator of any infectious waste treatment	74869
facility that commenced operation on or before July 1, 1968, shall	74870
submit to the director an application for a permit with	74871
accompanying engineering detail plans, specifications, and	74872
information regarding the facility and its method of operation for	74873
approval under rules adopted under section 3734.021 of the Revised	74874
Code in accordance with the following schedule:	74875

(i) Not later than December 24, 1988, if the facility is	74876
located in Delaware, Greene, Guernsey, Hamilton, Madison,	74877
Mahoning, Ottawa, or Vinton county;	74878

(ii) Not later than March 24, 1989, if the facility is	74879
located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark,	74880
or Washington county, or is located in the city of Brooklyn,	74881
Cuyahoga Heights, or Parma in Cuyahoga county;	74882

(iii) Not later than June 24, 1989, if the facility is	74883
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain,	74884
Lucas, or Summit county or is located in Cuyahoga county outside	74885
the cities of Brooklyn, Cuyahoga Heights, and Parma;	74886

(iv) Not later than September 24, 1989, if the facility is	74887
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	74888
county;	74889

(v) Not later than December 24, 1989, if the facility is	74890
located in a county not listed in divisions (B)(2)(d)(i) to (iv)	74891
of this section.	74892

The owner or operator of an infectious waste treatment	74893
facility required to submit a permit application under division	74894
(B)(2)(d) of this section is not required to pay any permit	74895
application fee under division (B)(2)(c) of this section, or	74896
permit fee under division (Q) of section 3745.11 of the Revised	74897
Code, with respect thereto unless the owner or operator also	74898
proposes to modify the facility.	74899

(e) The director may issue an order in accordance with	74900
Chapter 3745. of the Revised Code to the owner or operator of an	74901
infectious waste treatment facility requiring the person to submit	74902
to the director updated engineering detail plans, specifications,	74903
and information regarding the facility and its method of operation	74904
for approval under rules adopted under section 3734.021 of the	74905
Revised Code if, in the director's judgment, conditions at the	74906
facility constitute a substantial threat to public health or	74907
safety or are causing or contributing to or threatening to cause	74908
or contribute to air or water pollution or soil contamination. Any	74909
person who receives such an order shall submit the updated	74910
engineering detail plans, specifications, and information to the	74911
director within one hundred eighty days after the effective date	74912
of the order.	74913

(f) The director shall act upon an application submitted	74914
under division (B)(2)(d) of this section and any updated	74915
engineering plans, specifications, and information submitted under	74916
division (B)(2)(e) of this section within one hundred eighty days	74917
after receiving them. If the director denies any such permit	74918
application or disapproves any such updated engineering plans,	74919
specifications, and information, the director shall include in the	74920
order denying the application or disapproving the plans the	74921
requirement that the owner or operator cease accepting infectious	74922
wastes for treatment at the facility.	74923

(3) Division (B) of this section does not apply to an	74924
infectious waste treatment facility that meets any of the	74925
following conditions:	74926

(a) Is owned or operated by the generator of the wastes and	74927
exclusively treats, by methods, techniques, and practices	74928
established by rules adopted under division (C)(1) or (3) of	74929
section 3734.021 of the Revised Code, wastes that are generated at	74930
any premises owned or operated by that generator regardless of	74931
whether the wastes are generated on the same premises where the	74932
generator's treatment facility is located or, if the generator is	74933
a hospital as defined in section 3727.01 of the Revised Code,	74934
infectious wastes that are described in division (A)(1)(g), (h),	74935
or (i) of section 3734.021 of the Revised Code;	74936

(b) Holds a license or renewal of a license to operate a	74937
crematory facility issued under Chapter 4717. and a permit issued	74938
under Chapter 3704. of the Revised Code;	74939

(c) Treats or disposes of dead animals or parts thereof, or	74940
the blood of animals, and is subject to any of the following:	74941

(i) Inspection under the "Federal Meat Inspection Act," 81	74942
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	74943

(ii) Chapter 918. of the Revised Code;

74944

(iii) Chapter 953. of the Revised Code.

74945

Nothing in division (B) of this section requires a facility	74946
that holds a license issued under division (A) of this section as	74947
a solid waste facility and that also treats infectious wastes by	74948
the same method, technique, or process to obtain a license under	74949
division (B) of this section as an infectious waste treatment	74950
facility. However, the solid waste facility license for the	74951
facility shall include the notation that the facility also treats	74952
infectious wastes.	74953

On and after the effective date of the amendments to the	74954
rules adopted under division (C)(2) of section 3734.021 of the	74955
Revised Code that are required by Section 6 of Substitute House	74956
Bill No. 98 of the 120th General Assembly, the director shall not	74957
issue a permit to open a new solid waste incineration facility	74958
unless the proposed facility complies with the requirements for	74959
the location of new infectious waste incineration facilities	74960
established in the required amendments to those rules.	74961

(C) Except for a facility or activity described in division	74962
(E)(3) of section 3734.02 of the Revised Code, a person who	74963
proposes to establish or operate a hazardous waste facility shall	74964
submit a complete application for a hazardous waste facility	74965
installation and operation permit and accompanying detail plans,	74966
specifications, and such information as the director may require	74967
to the environmental protection agency at least one hundred eighty	74968
days before the proposed beginning of operation of the facility.	74969
The applicant shall notify by certified mail the legislative	74970
authority of each municipal corporation, township, and county in	74971
which the facility is proposed to be located of the submission of	74972
the application within ten days after the submission or at such	74973
earlier time as the director may establish by rule. If the	74974
application is for a proposed new hazardous waste disposal or	74975
thermal treatment facility, the applicant also shall give actual	74976
notice of the general design and purpose of the facility to the	74977
legislative authority of each municipal corporation, township, and	74978
county in which the facility is proposed to be located at least	74979
ninety days before the permit application is submitted to the	74980
environmental protection agency.	74981

In accordance with rules adopted under section 3734.12 of the	74982
Revised Code, prior to the submission of a complete application	74983
for a hazardous waste facility installation and operation permit,	74984
the applicant shall hold at least one meeting in the township or	74985
municipal corporation in which the facility is proposed to be	74986
located, whichever is geographically closer to the proposed	74987
location of the facility. The meeting shall be open to the public	74988
and shall be held to inform the community of the proposed	74989
hazardous waste management activities and to solicit questions	74990
from the community concerning the activities.	74991

(D)(1) Except as provided in section 3734.123 of the Revised	74992
Code, upon receipt of a complete application for a hazardous waste	74993
facility installation and operation permit under division (C) of	74994
this section, the director shall consider the application and	74995
accompanying information to determine whether the application	74996
complies with agency rules and the requirements of division (D)(2)	74997
of this section. After making a determination, the director shall	74998
issue either a draft permit or a notice of intent to deny the	74999
permit. The director, in accordance with rules adopted under	75000
section 3734.12 of the Revised Code or with rules adopted to	75001
implement Chapter 3745. of the Revised Code, shall provide public	75002
notice of the application and the draft permit or the notice of	75003
intent to deny the permit, provide an opportunity for public	75004
comments, and, if significant interest is shown, schedule a public	75005
meeting in the county in which the facility is proposed to be	75006
located and give public notice of the date, time, and location of	75007
the public meeting in a newspaper of general circulation in that	75008
county.	75009

(2) The director shall not approve an application for a	75010
hazardous waste facility installation and operation permit or an	75011
application for a modification under division (I)(3) of this	75012
section unless the director finds and determines as follows:	75013

(a) The nature and volume of the waste to be treated, stored,	75014
or disposed of at the facility;	75015

(b) That the facility complies with the director's hazardous	75016
waste standards adopted pursuant to section 3734.12 of the Revised	75017
Code;	75018

(c) That the facility represents the minimum adverse	75019
environmental impact, considering the state of available	75020
technology and the nature and economics of various alternatives,	75021
and other pertinent considerations;	75022

(d) That the facility represents the minimum risk of all of	75023
the following:	75024

(i) Fires or explosions from treatment, storage, or disposal	75025
methods;	75026

(ii) Release of hazardous waste during transportation of	75027
hazardous waste to or from the facility;	75028

(iii) Adverse impact on the public health and safety.

75029

(e) That the facility will comply with this chapter and	75030
Chapters 3704. and 6111. of the Revised Code and all rules and	75031
standards adopted under them;	75032

(f) That if the owner of the facility, the operator of the	75033
facility, or any other person in a position with the facility from	75034
which the person may influence the installation and operation of	75035
the facility has been involved in any prior activity involving	75036
transportation, treatment, storage, or disposal of hazardous	75037
waste, that person has a history of compliance with this chapter	75038
and Chapters 3704. and 6111. of the Revised Code and all rules and	75039
standards adopted under them, the "Resource Conservation and	75040
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	75041
amended, and all regulations adopted under it, and similar laws	75042
and rules of other states if any such prior operation was located	75043
in another state that demonstrates sufficient reliability,	75044
expertise, and competency to operate a hazardous waste facility	75045
under the applicable provisions of this chapter and Chapters 3704.	75046
and 6111. of the Revised Code, the applicable rules and standards	75047
adopted under them, and terms and conditions of a hazardous waste	75048
facility installation and operation permit, given the potential	75049
for harm to the public health and safety and the environment that	75050
could result from the irresponsible operation of the facility. For	75051
off-site facilities, as defined in section 3734.41 of the Revised	75052
Code, the director may use the investigative reports of the	75053
attorney general prepared pursuant to section 3734.42 of the	75054
Revised Code as a basis for making a finding and determination	75055
under division (D)(2)(f) of this section.	75056

(g) That the active areas within a new hazardous waste	75057
facility where acute hazardous waste as listed in 40 C.F.R. 261.33	75058
(e), as amended, or organic waste that is toxic and is listed	75059
under 40 C.F.R. 261, as amended, is being stored, treated, or	75060
disposed of and where the aggregate of the storage design capacity	75061
and the disposal design capacity of all hazardous waste in those	75062
areas is greater than two hundred fifty thousand gallons, are not	75063
located or operated within any of the following:	75064

(i) Two thousand feet of any residence, school, hospital,	75065
jail, or prison;	75066

(ii) Any naturally occurring wetland;

75067

(iii) Any flood hazard area if the applicant cannot show that	75068
the facility will be designed, constructed, operated, and	75069
maintained to prevent washout by a one-hundred-year flood.	75070

Division (D)(2)(g) of this section does not apply to the	75071
facility of any applicant who demonstrates to the director that	75072
the limitations specified in that division are not necessary	75073
because of the nature or volume of the waste and the manner of	75074
management applied, the facility will impose no substantial danger	75075
to the health and safety of persons occupying the structures	75076
listed in division (D)(2)(g)(i) of this section, and the facility	75077
is to be located or operated in an area where the proposed	75078
hazardous waste activities will not be incompatible with existing	75079
land uses in the area.	75080

(h) That the facility will not be located within the	75081
boundaries of a state park established or dedicated under Chapter	75082
1541. of the Revised Code, a state park purchase area established	75083
under section 1541.02 of the Revised Code, any unit of the	75084
national park system, or any property that lies within the	75085
boundaries of a national park or recreation area, but that has not	75086
been acquired or is not administered by the secretary of the	75087
United States department of the interior, located in this state,	75088
or any candidate area located in this state identified for	75089
potential inclusion in the national park system in the edition of	75090
the "national park system plan" submitted under paragraph (b) of	75091
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	75092
U.S.C.A. 1a-5, as amended, current at the time of filing of the	75093
application for the permit, unless the facility will be used	75094
exclusively for the storage of hazardous waste generated within	75095
the park or recreation area in conjunction with the operation of	75096
the park or recreation area. Division (D)(2)(h) of this section	75097
does not apply to the facility of any applicant for modification	75098
of a permit unless the modification application proposes to	75099
increase the land area included in the facility or to increase the	75100
quantity of hazardous waste that will be treated, stored, or	75101
disposed of at the facility.	75102

(3) Not later than one hundred eighty days after the end of	75103
the public comment period, the director, without prior hearing,	75104
shall issue or deny the permit in accordance with Chapter 3745. of	75105
the Revised Code. If the director approves an application for a	75106
hazardous waste facility installation and operation permit, the	75107
director shall issue the permit, upon such terms and conditions as	75108
the director finds are necessary to ensure the construction and	75109
operation of the hazardous waste facility in accordance with the	75110
standards of this section.	75111

(E) No political subdivision of this state shall require any	75112
additional zoning or other approval, consent, permit, certificate,	75113
or condition for the construction or operation of a hazardous	75114
waste facility authorized by a hazardous waste facility	75115
installation and operation permit issued pursuant to this chapter,	75116
nor shall any political subdivision adopt or enforce any law,	75117
ordinance, or rule that in any way alters, impairs, or limits the	75118
authority granted in the permit.	75119

(F) The director may issue a single hazardous waste facility	75120
installation and operation permit to a person who operates two or	75121
more adjoining facilities where hazardous waste is stored,	75122
treated, or disposed of if the application includes detail plans,	75123
specifications, and information on all facilities. For the	75124
purposes of this section, "adjoining" means sharing a common	75125
boundary, separated only by a public road, or in such proximity	75126
that the director determines that the issuance of a single permit	75127
will not create a hazard to the public health or safety or the	75128
environment.	75129

(G) No person shall falsify or fail to keep or submit any	75130
plans, specifications, data, reports, records, manifests, or other	75131
information required to be kept or submitted to the director by	75132
this chapter or the rules adopted under it.	75133

(H)(1) Each person who holds an installation and operation	75134
permit issued under this section and who wishes to obtain a permit	75135
renewal shall submit a completed application for an installation	75136
and operation permit renewal and any necessary accompanying	75137
general plans, detail plans, specifications, and such information	75138
as the director may require to the director no later than one	75139
hundred eighty days prior to the expiration date of the existing	75140
permit or upon a later date prior to the expiration of the	75141
existing permit if the permittee can demonstrate good cause for	75142
the late submittal. The director shall consider the application	75143
and accompanying information, inspection reports of the facility,	75144
results of performance tests, a report regarding the facility's	75145
compliance or noncompliance with the terms and conditions of its	75146
permit and rules adopted by the director under this chapter, and	75147
such other information as is relevant to the operation of the	75148
facility and shall issue a draft renewal permit or a notice of	75149
intent to deny the renewal permit. The director, in accordance	75150
with rules adopted under this section or with rules adopted to	75151
implement Chapter 3745. of the Revised Code, shall give public	75152
notice of the application and draft renewal permit or notice of	75153
intent to deny the renewal permit, provide for the opportunity for	75154
public comments within a specified time period, schedule a public	75155
meeting in the county in which the facility is located if	75156
significant interest is shown, and give public notice of the	75157
public meeting.	75158

(2) Within sixty days after the public meeting or close of	75159
the public comment period, the director, without prior hearing,	75160
shall issue or deny the renewal permit in accordance with Chapter	75161
3745. of the Revised Code. The director shall not issue a renewal	75162
permit unless the director determines that the facility under the	75163
existing permit has a history of compliance with this chapter,	75164
rules adopted under it, the existing permit, or orders entered to	75165
enforce such requirements that demonstrates sufficient	75166
reliability, expertise, and competency to operate the facility	75167
henceforth under this chapter, rules adopted under it, and the	75168
renewal permit. If the director approves an application for a	75169
renewal permit, the director shall issue the permit subject to the	75170
payment of the annual permit fee required under division (E) of	75171
section 3734.02 of the Revised Code and upon such terms and	75172
conditions as the director finds are reasonable to ensure that	75173
continued operation, maintenance, closure, and post-closure care	75174
of the hazardous waste facility are in accordance with the rules	75175
adopted under section 3734.12 of the Revised Code.	75176

(3) An installation and operation permit renewal application	75177
submitted to the director that also contains or would constitute	75178
an application for a modification shall be acted upon by the	75179
director in accordance with division (I) of this section in the	75180
same manner as an application for a modification. In approving or	75181
disapproving the renewal portion of a permit renewal application	75182
containing an application for a modification, the director shall	75183
apply the criteria established under division (H)(2) of this	75184
section.	75185

(4) An application for renewal or modification of a permit	75186
that does not contain an application for a modification as	75187
described in divisions (I)(3)(a) to (d) of this section shall not	75188
be subject to division (D)(2) of this section.	75189

(I)(1) As used in this section, "modification" means a change	75190
or alteration to a hazardous waste facility or its operations that	75191
is inconsistent with or not authorized by its existing permit or	75192
authorization to operate. Modifications shall be classified as	75193
Class 1, 2, or 3 modifications in accordance with rules adopted	75194
under division (K) of this section. Modifications classified as	75195
Class 3 modifications, in accordance with rules adopted under that	75196
division, shall be further classified by the director as either	75197
Class 3 modifications that are to be approved or disapproved by	75198
the director under divisions (I)(3)(a) to (d) of this section or	75199
as Class 3 modifications that are to be approved or disapproved by	75200
the director under division (I)(5) of this section. Not later than	75201
thirty days after receiving a request for a modification under	75202
division (I)(4) of this section that is not listed in Appendix I	75203
to 40 C.F.R. 270.42 or in rules adopted under division (K) of this	75204
section, the director shall classify the modification and shall	75205
notify the owner or operator of the facility requesting the	75206
modification of the classification. Notwithstanding any other law	75207
to the contrary, a modification that involves the transfer of a	75208
hazardous waste facility installation and operation permit to a	75209
new owner or operator for any off-site facility as defined in	75210
section 3734.41 of the Revised Code shall be classified as a Class	75211
3 modification. The transfer of a hazardous waste facility	75212
installation and operation permit to a new owner or operator for a	75213
facility that is not an off-site facility shall be classified as a	75214
Class 1 modification requiring prior approval of the director.	75215

(2) Except as provided in section 3734.123 of the Revised	75216
Code, a hazardous waste facility installation and operation permit	75217
may be modified at the request of the director or upon the written	75218
request of the permittee only if any of the following applies:	75219

(a) The permittee desires to accomplish alterations,	75220
additions, or deletions to the permitted facility or to undertake	75221
alterations, additions, deletions, or activities that are	75222
inconsistent with or not authorized by the existing permit;	75223

(b) New information or data justify permit conditions in	75224
addition to or different from those in the existing permit;	75225

(c) The standards, criteria, or rules upon which the existing	75226
permit is based have been changed by new, amended, or rescinded	75227
standards, criteria, or rules, or by judicial decision after the	75228
existing permit was issued, and the change justifies permit	75229
conditions in addition to or different from those in the existing	75230
permit;	75231

(d) The permittee proposes to transfer the permit to another	75232
person.	75233

(3) The director shall approve or disapprove an application	75234
for a modification in accordance with division (D)(2) of this	75235
section and rules adopted under division (K) of this section for	75236
all of the following categories of Class 3 modifications:	75237

(a) Authority to conduct treatment, storage, or disposal at a	75238
site, location, or tract of land that has not been authorized for	75239
the proposed category of treatment, storage, or disposal activity	75240
by the facility's permit;	75241

(b) Modification or addition of a hazardous waste management	75242
unit, as defined in rules adopted under section 3734.12 of the	75243
Revised Code, that results in an increase in a facility's storage	75244
capacity of more than twenty-five per cent over the capacity	75245
authorized by the facility's permit, an increase in a facility's	75246
treatment rate of more than twenty-five per cent over the rate so	75247
authorized, or an increase in a facility's disposal capacity over	75248
the capacity so authorized. The authorized disposal capacity for a	75249
facility shall be calculated from the approved design plans for	75250
the disposal units at that facility. In no case during a five-year	75251
period shall a facility's storage capacity or treatment rate be	75252
modified to increase by more than twenty-five per cent in the	75253
aggregate without the director's approval in accordance with	75254
division (D)(2) of this section. Notwithstanding any provision of	75255
division (I) of this section to the contrary, a request for	75256
modification of a facility's annual total waste receipt limit	75257
shall be classified and approved or disapproved by the director	75258
under division (I)(5) of this section.	75259

(c) Authority to add any of the following categories of	75260
regulated activities not previously authorized at a facility by	75261
the facility's permit: storage at a facility not previously	75262
authorized to store hazardous waste, treatment at a facility not	75263
previously authorized to treat hazardous waste, or disposal at a	75264
facility not previously authorized to dispose of hazardous waste;	75265
or authority to add a category of hazardous waste management unit	75266
not previously authorized at the facility by the facility's	75267
permit. Notwithstanding any provision of division (I) of this	75268
section to the contrary, a request for authority to add or to	75269
modify an activity or a hazardous waste management unit for the	75270
purposes of performing a corrective action shall be classified and	75271
approved or disapproved by the director under division (I)(5) of	75272
this section.	75273

(d) Authority to treat, store, or dispose of waste types	75274
listed or characterized as reactive or explosive, in rules adopted	75275
under section 3734.12 of the Revised Code, or any acute hazardous	75276
waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not	75277
previously authorized to treat, store, or dispose of those types	75278
of wastes by the facility's permit unless the requested authority	75279
is limited to wastes that no longer exhibit characteristics	75280
meeting the criteria for listing or characterization as reactive	75281
or explosive wastes, or for listing as acute hazardous waste, but	75282
still are required to carry those waste codes as established in	75283
rules adopted under section 3734.12 of the Revised Code because of	75284
the requirements established in 40 C.F.R. 261(a) and (e), as	75285
amended, that is, the "mixture," "derived-from," or "contained-in"	75286
regulations.	75287

(4) A written request for a modification from the permittee	75288
shall be submitted to the director and shall contain such	75289
information as is necessary to support the request. Requests for	75290
modifications shall be acted upon by the director in accordance	75291
with this section and rules adopted under it.	75292

(5) Class 1 modification applications that require prior	75293
approval of the director, as provided in division (I)(1) of this	75294
section or as determined in accordance with rules adopted under	75295
division (K) of this section, Class 2 modification applications,	75296
and Class 3 modification applications that are not described in	75297
divisions (I)(3)(a) to (d) of this section shall be approved or	75298
disapproved by the director in accordance with rules adopted under	75299
division (K) of this section. The board of county commissioners of	75300
the county, the board of township trustees of the township, and	75301
the city manager or mayor of the municipal corporation in which a	75302
hazardous waste facility is located shall receive notification of	75303
any application for a modification for that facility and shall be	75304
considered as interested persons with respect to the director's	75305
consideration of the application.	75306

As used in division (I) of this section:

75307

(a) "Owner" means the person who owns a majority or	75308
controlling interest in a facility.	75309

(b) "Operator" means the person who is responsible for the	75310
overall operation of a facility.	75311

The director shall approve or disapprove an application for a	75312
Class 1 modification that requires the director's approval within	75313
sixty days after receiving the request for modification. The	75314
director shall approve or disapprove an application for a Class 2	75315
modification within three hundred days after receiving the request	75316
for modification. The director shall approve or disapprove an	75317
application for a Class 3 modification within three hundred	75318
sixty-five days after receiving the request for modification.	75319

(6) The approval or disapproval by the director of a Class 1	75320
modification application is not a final action that is appealable	75321
under Chapter 3745. of the Revised Code. The approval or	75322
disapproval by the director of a Class 2 modification or a Class 3	75323
modification is a final action that is appealable under that	75324
chapter. In approving or disapproving a request for a	75325
modification, the director shall consider all comments pertaining	75326
to the request that are received during the public comment period	75327
and the public meetings. The administrative record for appeal of a	75328
final action by the director in approving or disapproving a	75329
request for a modification shall include all comments received	75330
during the public comment period relating to the request for	75331
modification, written materials submitted at the public meetings	75332
relating to the request, and any other documents related to the	75333
director's action.	75334

(7) Notwithstanding any other provision of law to the	75335
contrary, a change or alteration to a hazardous waste facility	75336
described in division (E)(3)(a) or (b) of section 3734.02 of the	75337
Revised Code, or its operations, is a modification for the	75338
purposes of this section. An application for a modification at	75339
such a facility shall be submitted, classified, and approved or	75340
disapproved in accordance with divisions (I)(1) to (6) of this	75341
section in the same manner as a modification to a hazardous waste	75342
facility installation and operation permit.	75343

(J)(1) Except as provided in division (J)(2) of this section,	75344
an owner or operator of a hazardous waste facility that is	75345
operating in accordance with a permit by rule under rules adopted	75346
by the director under division (E)(3)(b) of section 3734.02 of the	75347
Revised Code shall submit either a hazardous waste facility	75348
installation and operation permit application for the facility or	75349
a modification application, whichever is required under division	75350
(J)(1)(a) or (b) of this section, within one hundred eighty days	75351
after the director has requested the application or upon a later	75352
date if the owner or operator demonstrates to the director good	75353
cause for the late submittal.	75354

(a) If the owner or operator does not have a hazardous waste	75355
facility installation and operation permit for any hazardous waste	75356
treatment, storage, or disposal activities at the facility, the	75357
owner or operator shall submit an application for such a permit to	75358
the director for the activities authorized by the permit by rule.	75359
Notwithstanding any other provision of law to the contrary, the	75360
director shall approve or disapprove the application for the	75361
permit in accordance with the procedures governing the approval or	75362
disapproval of permit renewals under division (H) of this section.	75363

(b) If the owner or operator has a hazardous waste facility	75364
installation and operation permit for hazardous waste treatment,	75365
storage, or disposal activities at the facility other than those	75366
authorized by the permit by rule, the owner or operator shall	75367
submit to the director a request for modification in accordance	75368
with division (I) of this section. Notwithstanding any other	75369
provision of law to the contrary, the director shall approve or	75370
disapprove the modification application in accordance with	75371
division (I)(5) of this section.	75372

(2) The owner or operator of a boiler or industrial furnace	75373
that is conducting thermal treatment activities in accordance with	75374
a permit by rule under rules adopted by the director under	75375
division (E)(3)(b) of section 3734.02 of the Revised Code shall	75376
submit a hazardous waste facility installation and operation	75377
permit application if the owner or operator does not have such a	75378
permit for any hazardous waste treatment, storage, or disposal	75379
activities at the facility or, if the owner or operator has such a	75380
permit for hazardous waste treatment, storage, or disposal	75381
activities at the facility other than thermal treatment activities	75382
authorized by the permit by rule, a modification application to	75383
add those activities authorized by the permit by rule, whichever	75384
is applicable, within one hundred eighty days after the director	75385
has requested the submission of the application or upon a later	75386
date if the owner or operator demonstrates to the director good	75387
cause for the late submittal. The application shall be accompanied	75388
by information necessary to support the request. The director	75389
shall approve or disapprove an application for a hazardous waste	75390
facility installation and operation permit in accordance with	75391
division (D) of this section and approve or disapprove an	75392
application for a modification in accordance with division (I)(3)	75393
of this section, except that the director shall not disapprove an	75394
application for the thermal treatment activities on the basis of	75395
the criteria set forth in division (D)(2)(g) or (h) of this	75396
section.	75397

(3) As used in division (J) of this section:

75398

(a) "Modification application" means a request for a	75399
modification submitted in accordance with division (I) of this	75400
section.	75401

(b) "Thermal treatment," "boiler," and "industrial furnace"	75402
have the same meanings as in rules adopted under section 3734.12	75403
of the Revised Code.	75404

(K) The director shall adopt, and may amend, suspend, or	75405
rescind, rules in accordance with Chapter 119. of the Revised Code	75406
in order to implement divisions (H) and (I) of this section.	75407
Except when in actual conflict with this section, rules governing	75408
the classification of and procedures for the modification of	75409
hazardous waste facility installation and operation permits shall	75410
be substantively and procedurally identical to the regulations	75411
governing hazardous waste facility permitting and permit	75412
modifications adopted under the "Resource Conservation and	75413
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	75414
amended.	75415

Sec. 3734.06. (A)(1) Except as provided in ~~division~~	75416
divisions (A)(2), (3), ~~and~~ (4), and (5) of this section and in	75417
section 3734.82 of the Revised Code, the annual fee for a solid	75418
waste facility license shall be in accordance with the following	75419
schedule:	75420

AUTHORIZED MAXIMUM	ANNUAL	75421
DAILY WASTE	LICENSE	75422
RECEIPT (TONS)	FEE	75423
100 or less	$ 5,000	75424
101 to 200	12,500	75425
201 to 500	30,000	75426
501 or more	60,000	75427

For the purpose of determining the applicable license fee	75428
under divisions (A)(1) ~~and~~, (2), and (3) of this section, the	75429
authorized maximum daily waste receipt shall be the maximum amount	75430
of wastes the facility is authorized to receive daily that is	75431
established in the permit for the facility, and any modifications	75432
to that permit, issued under division (A)(2) or (3) of section	75433
3734.05 of the Revised Code; the annual license for the facility,	75434
and any revisions to that license, issued under division (A)(1) of	75435
section 3734.05 of the Revised Code; the approved operating plan	75436
or operational report for which submission and approval are	75437
required by rules adopted by the director of environmental	75438
protection under section 3734.02 of the Revised Code; an order	75439
issued by the director as authorized by rule; or the updated	75440
engineering plans, specifications, and facility and operation	75441
information approved under division (A)(4) of section 3734.05 of	75442
the Revised Code. If no authorized maximum daily waste receipt is	75443
so established, the annual license fee is sixty thousand dollars	75444
under division (A)(1) of this section and thirty thousand dollars	75445
under ~~division~~divisions (A)(2) and (3) of this section.	75446

The authorized maximum daily waste receipt set forth in any	75447
such document shall be stated in terms of cubic yards of volume	75448
for the purpose of regulating the design, construction, and	75449
operation of a solid waste facility. For the purpose of	75450
determining applicable license fees under this section, the	75451
authorized maximum daily waste receipt so stated shall be	75452
converted from cubic yards to tons as the unit of measurement	75453
based upon a conversion factor of three cubic yards per ton for	75454
compacted wastes generally and one cubic yard per ton for baled	75455
wastes.	75456

(2) The annual license fee for a facility that is an	75457
incinerator facility is one-half the amount shown in division	75458
(A)(1) of this section. When a municipal corporation, county, or	75459
township owns and operates more than one incinerator within its	75460
boundaries, the municipal corporation, county, or township shall	75461
pay one fee for the licenses for all of its incinerators. The fee	75462
shall be determined on the basis of the aggregate maximum daily	75463
waste receipt for all the incinerators owned and operated by the	75464
municipal corporation, county, or township in an amount that is	75465
one-half the amount shown in division (A)(1) of this section.	75466

(3) The annual fee for a solid waste compost facility license	75467
shall be in accordance with the following schedule:	75468

AUTHORIZED MAXIMUM	ANNUAL	75469
DAILY WASTE	LICENSE	75470
RECEIPT (TONS)	FEE	75471
12 or less	$ 300	75472
13 to 25	600	75473
26 to 50	1,200	75474
51 to 75	1,800	75475
76 to 100	2,500	75476
101 to ~~200~~ 150	~~6,250~~ 3,750	75477
151 to 200	5,000	75478
201 to ~~500~~ 250	~~15,000~~ 6,250	75479
251 to 300	7,500	75480
301 to 400	10,000	75481
401 to 500	12,500	75482
501 or more	30,000	75483

~~(3)~~(4) The annual license fee for a solid waste facility,	75484
regardless of its authorized maximum daily waste receipt, is five	75485
thousand dollars for a facility meeting either of the following	75486
qualifications:	75487

(a) The facility is owned by a generator of solid wastes when	75488
the solid waste facility exclusively disposes of solid wastes	75489
generated at one or more premises owned by the generator	75490
regardless of whether the facility is located on a premises where	75491
the wastes are generated;.	75492

(b) The facility exclusively disposes of wastes that are	75493
generated from the combustion of coal, or from the combustion of	75494
primarily coal in combination with scrap tires, that is not	75495
combined in any way with garbage at one or more premises owned by	75496
the generator.	75497

~~(4)~~(5) The annual license fee for a facility that is a	75498
transfer facility is seven hundred fifty dollars.	75499

~~(5)~~(6) The same fees shall apply to private operators and to	75500
the state and its political subdivisions and shall be paid within	75501
thirty days after issuance of a license. The fee includes the cost	75502
of licensing, all inspections, and other costs associated with the	75503
administration of the solid waste provisions of this chapter and	75504
rules adopted under them, excluding the provisions governing scrap	75505
tires. Each such license shall specify that it is conditioned upon	75506
payment of the applicable fee to the board of health or the	75507
director, as appropriate, within thirty days after issuance of the	75508
license.	75509

(B) The board of health shall retain two thousand five	75510
hundred dollars of each license fee collected by the board under	75511
divisions (A)(1), (2), ~~and~~ (3), and (4) of this section or the	75512
entire amount of any such fee that is less than two thousand five	75513
hundred dollars. The moneys retained shall be paid into a special	75514
fund, which is hereby created in each health district, and used	75515
solely to administer and enforce the solid waste provisions of	75516
this chapter and the rules adopted under them, excluding the	75517
provisions governing scrap tires. The remainder of each license	75518
fee collected by the board shall be transmitted to the director	75519
within forty-five days after receipt of the fee. The director	75520
shall transmit these moneys to the treasurer of state to be	75521
credited to the general revenue fund. The board of health shall	75522
retain the entire amount of each fee collected under division	75523
(A)~~(4)~~(5) of this section, which moneys shall be paid into the	75524
special fund of the health district.	75525

(C)(1) Except as provided in divisions (C)(2) and (3) of this	75526
section, the annual fee for an infectious waste treatment facility	75527
license shall be in accordance with the following schedule:	75528

AVERAGE	ANNUAL	75529
DAILY WASTE	LICENSE	75530
RECEIPT (TONS)	FEE	75531
100 or less	$ 5,000	75532
101 to 200	12,500	75533
201 to 500	30,000	75534
501 or more	60,000	75535

For the purpose of determining the applicable license fee	75536
under divisions (C)(1) and (2) of this section, the average daily	75537
waste receipt shall be the average amount of infectious wastes the	75538
facility is authorized to receive daily that is established in the	75539
permit for the facility, and any modifications to that permit,	75540
issued under division (B)(2)(b) or (d) of section 3734.05 of the	75541
Revised Code; or the annual license for the facility, and any	75542
revisions to that license, issued under division (B)(2)(a) of	75543
section 3734.05 of the Revised Code. If no average daily waste	75544
receipt is so established, the annual license fee is sixty	75545
thousand dollars under division (C)(1) of this section and thirty	75546
thousand dollars under division (C)(2) of this section.	75547

(2) The annual license fee for an infectious waste treatment	75548
facility that is an incinerator is one-half the amount shown in	75549
division (C)(1) of this section.	75550

(3) Fees levied under divisions (C)(1) and (2) of this	75551
section shall apply to private operators and to the state and its	75552
political subdivisions and shall be paid within thirty days after	75553
issuance of a license. The fee includes the cost of licensing, all	75554
inspections, and other costs associated with the administration of	75555
the infectious waste provisions of this chapter and rules adopted	75556
under them. Each such license shall specify that it is conditioned	75557
upon payment of the applicable fee to the board of health or the	75558
director, as appropriate, within thirty days after issuance of the	75559
license.	75560

(4) The board of health shall retain two thousand five	75561
hundred dollars of each license fee collected by the board under	75562
divisions (C)(1) and (2) of this section. The moneys retained	75563
shall be paid into a special infectious waste fund, which is	75564
hereby created in each health district, and used solely to	75565
administer and enforce the infectious waste provisions of this	75566
chapter and the rules adopted under them. The remainder of each	75567
license fee collected by the board shall be transmitted to the	75568
director within forty-five days after receipt of the fee. The	75569
director shall transmit these moneys to the treasurer of state to	75570
be credited to the general revenue fund.	75571

Sec. 3734.18. (A) As used in this section:

75572

(1) "On-site facility" means a facility that treats or	75573
disposes of hazardous waste that is generated on the premises of	75574
the facility.	75575

(2) "Off-site facility" means a facility that treats or	75576
disposes of hazardous waste that is generated off the premises of	75577
the facility.	75578

(3) "Satellite facility" means any of the following:

75579

(a) An on-site facility that also receives hazardous waste	75580
from other premises owned by the same person who generates the	75581
waste on the facility premises;	75582

(b) An off-site facility operated so that all of the	75583
hazardous waste it receives is generated on one or more premises	75584
owned by the person who owns the facility;	75585

(c) An on-site facility that also receives hazardous waste	75586
that is transported uninterruptedly and directly to the facility	75587
through a pipeline from a generator who is not the owner of the	75588
facility.	75589

(B) A treatment or disposal facility that is subject to the	75590
fees that are levied under this section may be both an on-site	75591
facility and an off-site facility. The determination of whether an	75592
on-site facility fee or an off-site facility fee is to be paid for	75593
a hazardous waste that is treated or disposed of at the facility	75594
shall be based on whether that hazardous waste was generated on or	75595
off the premises of the facility.	75596

(C) There are hereby levied fees on the disposal of hazardous	75597
waste to be collected according to the following schedule at each	75598
disposal facility to which a hazardous waste facility installation	75599
and operation permit or renewal of a permit has been issued under	75600
this chapter or that is operating in accordance with a permit by	75601
rule under rules adopted by the director of environmental	75602
protection:	75603

(1) For disposal facilities that are off-site facilities,	75604
fees shall be levied at the rate of four dollars and fifty cents	75605
per ton for hazardous waste disposed of by deep well injection and	75606
nine dollars per ton for hazardous waste disposed of by land	75607
application or landfilling. The owner or operator of the facility,	75608
as a trustee for the state, shall collect the fees and forward	75609
them to the director in accordance with rules adopted under this	75610
section.	75611

(2) For disposal facilities that are on-site or satellite	75612
facilities, fees shall be levied at the rate of two dollars per	75613
ton for hazardous waste disposed of by deep well injection and	75614
four dollars per ton for hazardous waste disposed of by land	75615
application or landfilling. The maximum annual disposal fee for an	75616
on-site disposal facility that disposes of one hundred thousand	75617
tons or less of hazardous waste in a year is twenty-five thousand	75618
dollars. The maximum annual disposal fee for an on-site facility	75619
that disposes of more than one hundred thousand tons of hazardous	75620
waste in a year by land application or landfilling is fifty	75621
thousand dollars, and the maximum annual fee for an on-site	75622
facility that disposes of more than one hundred thousand tons of	75623
hazardous waste in a year by deep well injection is one hundred	75624
thousand dollars. The maximum annual disposal fee for a satellite	75625
facility that disposes of one hundred thousand tons or less of	75626
hazardous waste in a year is thirty-seven thousand five hundred	75627
dollars, and the maximum annual disposal fee for a satellite	75628
facility that disposes of more than one hundred thousand tons of	75629
hazardous waste in a year is seventy-five thousand dollars, except	75630
that a satellite facility defined under division (A)(3)(b) of this	75631
section that receives hazardous waste from a single generation	75632
site is subject to the same maximum annual disposal fees as an	75633
on-site disposal facility. The owner or operator shall pay the fee	75634
to the director each year upon the anniversary of the date of	75635
issuance of the owner's or operator's installation and operation	75636
permit during the term of that permit and any renewal permit	75637
issued under division (H) of section 3734.05 of the Revised Code	75638
or on the anniversary of the date of a permit by rule. If payment	75639
is late, the owner or operator shall pay an additional ten per	75640
cent of the amount of the fee for each month that it is late.	75641

(D) There are hereby levied fees at the rate of two dollars	75642
per ton on hazardous waste that is treated at treatment facilities	75643
that are not on-site or satellite facilities to which a hazardous	75644
waste facility installation and operation permit or renewal of a	75645
permit has been issued under this chapter, whose owner or operator	75646
is operating in accordance with a permit by rule under rules	75647
adopted by the director, or that are not subject to the hazardous	75648
waste facility installation and operation permit requirements	75649
under rules adopted by the director.	75650

(E) There are hereby levied additional fees on the treatment	75651
and disposal of hazardous waste at the rate of ten per cent of the	75652
applicable fees prescribed in division (C) or (D) of this section	75653
for the purposes of paying the costs of municipal corporations and	75654
counties for conducting reviews of applications for hazardous	75655
waste facility installation and operation permits for proposed new	75656
or modified hazardous waste landfills within their boundaries,	75657
emergency response actions with respect to releases of hazardous	75658
waste from hazardous waste facilities within their boundaries,	75659
monitoring the operation of such hazardous waste facilities, and	75660
local waste management planning programs. The owner or operator of	75661
a facility located within a municipal corporation, as a trustee	75662
for the municipal corporation, shall collect the fees levied by	75663
this division and forward them to the treasurer of the municipal	75664
corporation or such officer as, by virtue of the charter, has the	75665
duties of the treasurer in accordance with rules adopted under	75666
this section. The owner or operator of a facility located in an	75667
unincorporated area, as a trustee of the county in which the	75668
facility is located, shall collect the fees levied by this	75669
division and forward them to the county treasurer of that county	75670
in accordance with rules adopted under this section. The owner or	75671
operator shall pay the fees levied by this division to the	75672
treasurer or such other officer of the municipal corporation or to	75673
the county treasurer each year upon the anniversary of the date of	75674
issuance of the owner's or operator's installation and operation	75675
permit during the term of that permit and any renewal permit	75676
issued under division (H) of section 3734.05 of the Revised Code	75677
or on the anniversary of the date of a permit by rule or the date	75678
on which the facility became exempt from hazardous waste facility	75679
installation and operation permit requirements under rules adopted	75680
by the director. If payment is late, the owner or operator shall	75681
pay an additional ten per cent of the amount of the fee for each	75682
month that the payment is late.	75683

Moneys received by a municipal corporation under this	75684
division shall be paid into a special fund of the municipal	75685
corporation and used exclusively for the purposes of conducting	75686
reviews of applications for hazardous waste facility installation	75687
and operation permits for new or modified hazardous waste	75688
landfills located or proposed within the municipal corporation,	75689
conducting emergency response actions with respect to releases of	75690
hazardous waste from facilities located within the municipal	75691
corporation, monitoring operation of such hazardous waste	75692
facilities, and conducting waste management planning programs	75693
within the municipal corporation through employees of the	75694
municipal corporation or pursuant to contracts entered into with	75695
persons or political subdivisions. Moneys received by a board of	75696
county commissioners under this division shall be paid into a	75697
special fund of the county and used exclusively for those purposes	75698
within the unincorporated area of the county through employees of	75699
the county or pursuant to contracts entered into with persons or	75700
political subdivisions.	75701

(F) As used in this section, "treatment" or "treated" does	75702
not include any method, technique, or process designed to recover	75703
energy or material resources from the waste or to render the waste	75704
amenable for recovery. The fees levied by division (D) of this	75705
section do not apply to hazardous waste that is treated and	75706
disposed of on the same premises or by the same person.	75707

(G) The director, by rules adopted in accordance with	75708
Chapters 119. and 3745. of the Revised Code, shall prescribe any	75709
dates not specified in this section and procedures for collecting	75710
and forwarding the fees prescribed by this section and may	75711
prescribe other requirements that are necessary to carry out this	75712
section.	75713

The director shall deposit the moneys collected under	75714
divisions (C) and (D) of this section ~~into one or more minority~~	75715
~~banks, as "minority bank" is defined in division (F)(1) of section~~	75716
~~135.04 of the Revised Code,~~ to the credit of the hazardous waste	75717
facility management fund, which is hereby created in the state	75718
treasury, except that the director shall deposit to the credit of	75719
the underground injection control fund created in section 6111.046	75720
of the Revised Code moneys in excess of fifty thousand dollars	75721
that are collected during a fiscal year under division (C)(2) of	75722
this section from the fee levied on the disposal of hazardous	75723
waste by deep well injection at an on-site disposal facility that	75724
disposes of more than one hundred thousand tons of hazardous waste	75725
in a year.	75726

The environmental protection agency may use moneys in the	75727
hazardous waste facility management fund for administration of the	75728
hazardous waste program established under this chapter and, in	75729
accordance with this section, may request approval by the	75730
controlling board on an annual basis for that use ~~on an annual~~	75731
~~basis. In addition, the agency may use and pledge moneys in that~~	75732
~~fund for repayment of and for interest on any loans made by the~~	75733
~~Ohio water development authority to the agency for the hazardous~~	75734
~~waste program established under this chapter without the necessity~~	75735
~~of requesting approval by the controlling board, which use and~~	75736
~~pledge shall have priority over any other use of the moneys in the~~	75737
~~fund~~and for the purposes specified in sections 3734.19 to 3734.27	75738
of the Revised Code.	75739

~~Until September 28, 1996, the director also may use moneys in~~	75740
~~the fund to pay the start-up costs of administering Chapter 3746.~~	75741
~~of the Revised Code.~~	75742

If moneys in the fund that the agency uses in accordance with	75743
this chapter are reimbursed by grants or other moneys from the	75744
United States government, the grants or other moneys shall be	75745
placed in the fund.	75746

Before the agency makes any expenditure from the fund other	75747
than for repayment of and interest on any loan made by the Ohio	75748
water development authority to the agency ~~in accordance with this~~	75749
~~section~~, the controlling board shall approve the expenditure.	75750

Sec. 3734.19. (A) If the legislative or executive authority	75751
of a municipal corporation, county, or township has evidence to	75752
indicate that locations within its boundaries once served as	75753
hazardous waste facilities or that significant quantities of	75754
hazardous waste were disposed of in solid waste facilities within	75755
its boundaries, it may file a formal written request with the	75756
director of environmental protection, accompanied by supporting	75757
evidence, to survey the locations or facilities.	75758

Upon receipt of a request and a review of the evidence	75759
submitted with the request, the director shall conduct an	75760
investigation to determine if hazardous waste was actually	75761
treated, stored, or disposed of at the locations or facilities	75762
and, if so, to determine the nature and approximate quantity and	75763
types of the waste treated, stored, or disposed of at the	75764
particular locations or facilities. In addition, the director	75765
shall determine whether the locations or facilities, because of	75766
their present condition and the nature and quantities of waste	75767
treated, stored, or disposed of therein, result or are likely to	75768
result in air pollution, pollution of the waters of the state, or	75769
soil contamination or constitute a present or imminent and	75770
substantial threat to public health or safety. The director shall	75771
report the findings of ~~his~~the investigation to the municipal	75772
corporation, county, or township requesting the survey.	75773

For the purpose of conducting investigations under this	75774
section, the director or ~~his~~the director's authorized	75775
representative may enter upon any public or private property. The	75776
director or ~~his~~the director's authorized representative may apply	75777
for, and any judge of a court of common pleas shall issue, an	75778
appropriate search warrant necessary to achieve the purposes of	75779
this section within the court's territorial jurisdiction. When	75780
conducting investigations under this section, the director shall	75781
cause no unnecessary damage to any property. The director may	75782
expend moneys from the hazardous waste facility management fund	75783
created in section 3734.18 of the Revised Code, the hazardous	75784
waste clean-up fund created in section 3734.28 of the Revised	75785
Code, or the environmental protection remediation fund created in	75786
section 3734.281 of the Revised Code for conducting	75787
investigations.	75788

(B) As used in this section and in sections 3734.20, 3734.21,	75789
3734.23, 3734.25, and 3734.26 of the Revised Code, "soil	75790
contamination" means the presence in or on the soil of any	75791
hazardous waste or hazardous waste residue resulting from the	75792
discharge, deposit, injection, dumping, spilling, leaking,	75793
emitting, or placing into or on the soil of hazardous waste or	75794
hazardous waste residue, or any material that when discharged,	75795
deposited, injected, dumped, spilled, leaked, emitted, or placed	75796
into or on the soil becomes a hazardous waste, in any quantity or	75797
having any characteristics that are or threaten to be injurious to	75798
public health or safety, plant or animal life, or the environment	75799
or that unreasonably interfere with the comfortable enjoyment of	75800
life or property.	75801

Sec. 3734.20. (A) If the director of environmental	75802
protection has reason to believe that hazardous waste was treated,	75803
stored, or disposed of at any location within the state, the	75804
director may conduct such investigations and make such inquiries,	75805
including obtaining samples and examining and copying records, as	75806
are reasonable or necessary to determine if conditions at a	75807
hazardous waste facility, solid waste facility, or other location	75808
where the director has reason to believe hazardous waste was	75809
treated, stored, or disposed of constitute a substantial threat to	75810
public health or safety or are causing or contributing to or	75811
threatening to cause or contribute to air or water pollution or	75812
soil contamination. The director or the director's authorized	75813
representative may apply for, and any judge of a court of common	75814
pleas shall issue, an appropriate search warrant necessary to	75815
achieve the purposes of this section within the court's	75816
territorial jurisdiction. The director may expend moneys from the	75817
hazardous waste facility management fund created in section	75818
3734.18 of the Revised Code, the hazardous waste clean-up fund	75819
created in section 3734.28 of the Revised Code, or the	75820
environmental protection remediation fund created in section	75821
3734.281 of the Revised Code for conducting investigations under	75822
this section.	75823

(B) If the director determines that conditions at a hazardous	75824
waste facility, solid waste facility, or other location where	75825
hazardous waste was treated, stored, or disposed of constitute a	75826
substantial threat to public health or safety or are causing or	75827
contributing to or threatening to cause or contribute to air or	75828
water pollution or soil contamination, the director shall initiate	75829
appropriate action under this chapter or Chapter 3704. or 6111. of	75830
the Revised Code or seek any other appropriate legal or equitable	75831
remedies to abate the pollution or contamination or to protect	75832
public health or safety.	75833

If an order of the director to abate or prevent air or water	75834
pollution or soil contamination or to remedy a threat to public	75835
health or safety caused by conditions at such a facility issued	75836
pursuant to this chapter or Chapter 3704. or 6111. of the Revised	75837
Code is not wholly complied with within the time prescribed in the	75838
order, the director may, through officers or employees of the	75839
environmental protection agency or through contractors employed	75840
for that purpose in accordance with the bidding procedure	75841
established in division (C) of section 3734.23 of the Revised	75842
Code, enter upon the facility and perform those measures necessary	75843
to abate or prevent air or water pollution or soil contamination	75844
from the facility or to protect public health or safety,	75845
including, but not limited to, measures prescribed in division (B)	75846
of section 3734.23 of the Revised Code. The director shall keep an	75847
itemized record of the cost of the investigation and measures	75848
performed, including costs for labor, materials, and any contract	75849
services required. Upon completion of the investigation or	75850
measures, the director shall record the cost of performing those	75851
measures at the office of the county recorder of the county in	75852
which the facility is located. The cost so recorded constitutes a	75853
lien against the property on which the facility is located until	75854
discharged. Upon written request of the director, the attorney	75855
general shall institute a civil action to recover the cost. Any	75856
moneys so received shall be credited to the hazardous waste	75857
facility management fund, the hazardous waste clean-up fund, or	75858
the environmental protection remediation fund, as applicable.	75859

When entering upon a facility under this division, the	75860
director shall perform or cause to be performed only those	75861
measures necessary to abate or prevent air or water pollution or	75862
soil contamination caused by conditions at the facility or to	75863
abate threats to public health or safety caused by conditions at	75864
the facility. For this purpose the director may expend moneys from	75865
~~either~~the hazardous waste facility management fund, the hazardous	75866
waste clean-up fund, or the environmental protection remediation	75867
fund and may expend moneys from loans from the Ohio water	75868
development authority to the environmental protection agency that	75869
pledge moneys from ~~either~~the hazardous waste facility management	75870
fund, the hazardous waste clean-up fund, or the environmental	75871
protection remediation fund for the repayment of and for the	75872
interest on such loans.	75873

Sec. 3734.21. (A) The director of environmental protection	75874
may expend moneys credited to the hazardous waste facility	75875
management fund created in section 3734.18 of the Revised Code,	75876
the hazardous waste clean-up fund created in section 3734.28 of	75877
the Revised Code, or the environmental protection remediation fund	75878
created in section 3734.281 of the Revised Code for the payment of	75879
the cost of measures necessary for the proper closure of hazardous	75880
waste facilities or any solid waste facilities containing	75881
significant quantities of hazardous waste, for the payment of	75882
costs of the development and construction of suitable hazardous	75883
waste facilities required by division (B) of section 3734.23 of	75884
the Revised Code to the extent the director determines that such	75885
facilities are not available, and for the payment of costs that	75886
are necessary to abate conditions thereon that are causing or	75887
contributing to or threatening to cause or contribute to air or	75888
water pollution or soil contamination or that constitute a	75889
substantial threat to public health or safety. In addition, the	75890
director may expend and pledge moneys credited to ~~either~~the	75891
hazardous waste facility management fund, the hazardous waste	75892
clean-up fund, or the environmental protection remediation fund	75893
for repayment of and for interest on any loan made by the Ohio	75894
water development authority to the environmental protection agency	75895
for the payment of such costs.	75896

(B) Before beginning to clean up any facility under this	75897
section, the director shall develop a plan for the cleanup and an	75898
estimate of the cost thereof. The plan shall include only those	75899
measures necessary to abate conditions thereon that are causing or	75900
contributing to or threatening to cause or contribute to air or	75901
water pollution or soil contamination or that constitute a	75902
substantial threat to public health or safety, including, but not	75903
limited to, establishment and maintenance of an adequate cover of	75904
soil and vegetation on any facility for the burial of hazardous	75905
waste to prevent the infiltration of water into cells where	75906
hazardous waste is buried, the accumulation or runoff of	75907
contaminated surface water, the production of leachate, and air	75908
emissions of hazardous waste; the collection and treatment of	75909
contaminated surface water runoff; the collection and treatment of	75910
leachate; or, if conditions so require, the removal of hazardous	75911
waste from the facility and the treatment or disposal of the waste	75912
at a suitable hazardous waste facility. The plan or any part of	75913
the plan for the cleanup of the facility shall be carried out by	75914
entering into contracts therefor in accordance with the procedures	75915
established in division (C) of section 3734.23 of the Revised	75916
Code.	75917

Sec. 3734.22. Before beginning to clean up any facility	75918
under section 3734.21 of the Revised Code, the director of	75919
environmental protection shall endeavor to enter into an agreement	75920
with the owner of the land on which the facility is located, or	75921
with the owner of the facility, specifying the measures to be	75922
performed and authorizing the director, employees of the agency,	75923
or contractors retained by the director to enter upon the land and	75924
perform the specified measures.	75925

Each agreement may contain provisions for the reimbursement	75926
of the state for the costs of the cleanup.	75927

All reimbursements and payments shall be credited to the	75928
hazardous waste facility management fund created in section	75929
3734.18 of the Revised Code, the hazardous waste clean-up fund	75930
created in section 3734.28 of the Revised Code, or the	75931
environmental protection remediation fund created in section	75932
3734.281 of the Revised Code, as applicable.	75933

The agreement may require the owner to execute an easement	75934
whereby the director, an authorized employee of the agency, or a	75935
contractor employed by the agency in accordance with the bidding	75936
procedure established in division (C) of section 3734.23 of the	75937
Revised Code may enter upon the facility to sample, repair, or	75938
reconstruct air and water quality monitoring equipment constructed	75939
under the agreement. Such easements shall be for a specified	75940
period of years and may be extinguished by agreement between the	75941
owner and the director. When necessary to protect the public	75942
health or safety, the agreement may require the owner to enter	75943
into an environmental covenant with the director in accordance	75944
with sections 5301.80 to 5301.92 of the Revised Code.	75945

Upon a breach of the reimbursement provisions of the	75946
agreement by the owner of the land or facility, or upon	75947
notification to the director by the owner that the owner is unable	75948
to perform the duties under the reimbursement provisions of the	75949
agreement, the director may record the unreimbursed portion of the	75950
costs of cleanup at the office of the county recorder of the	75951
county in which the facility is located. The costs so recorded	75952
constitute a lien against the property on which the facility is	75953
located until discharged. Upon written request of the director,	75954
the attorney general shall institute a civil action to recover the	75955
unreimbursed portion of the costs of cleanup. Any moneys so	75956
recovered shall be credited to the hazardous waste facility	75957
management fund, the hazardous waste clean-up fund, or the	75958
environmental protection remediation fund, as applicable.	75959

Sec. 3734.23. (A) The director of environmental protection	75960
may acquire by purchase, gift, donation, contribution, or	75961
appropriation in accordance with sections 163.01 to 163.21 of the	75962
Revised Code any hazardous waste facility or any solid waste	75963
facility containing significant quantities of hazardous waste	75964
that, because of its condition and the types and quantities of	75965
hazardous waste contained in the facility, constitutes an imminent	75966
and substantial threat to public health or safety or results in	75967
air pollution, pollution of the waters of the state, or soil	75968
contamination. For this purpose and for the purposes of division	75969
(B) of this section, the director may expend moneys from the	75970
hazardous waste facility management fund created in section	75971
3734.18 of the Revised Code, the hazardous waste clean-up fund	75972
created in section 3734.28 of the Revised Code, or the	75973
environmental protection remediation fund created in section	75974
3734.281 of the Revised Code and may expend moneys from loans from	75975
the Ohio water development authority to the environmental	75976
protection agency that pledge moneys from ~~either~~the hazardous	75977
waste facility management fund, the hazardous waste clean-up fund,	75978
or the environmental protection remediation fund for the repayment	75979
of and for the interest on such loans. Any lands or facilities	75980
purchased or acquired under this section shall be deeded to the	75981
state, but no deed shall be accepted or the purchase price paid	75982
until the title has been approved by the attorney general.	75983

(B) The director shall, with respect to any land or facility	75984
acquired under this section or cleaned up under section 3734.20 of	75985
the Revised Code, perform closure or other measures necessary to	75986
abate conditions thereon that are causing or contributing to or	75987
threatening to cause or contribute to air or water pollution or	75988
soil contamination or that constitute a substantial threat to	75989
public health or safety, including, but not limited to,	75990
establishment and maintenance of an adequate cover of soil and	75991
vegetation on any facility for the burial of hazardous waste to	75992
prevent the infiltration of water into cells where hazardous waste	75993
is buried, the accumulation or runoff of contaminated surface	75994
water, the production of leachate, and air emissions of hazardous	75995
waste; the collection and treatment of contaminated surface water	75996
runoff; the collection and treatment of leachate; or, if	75997
conditions so require, the removal of hazardous waste from the	75998
facility and the treatment or disposal of the waste at a suitable	75999
hazardous waste facility. After performing these measures, the	76000
director shall provide for the post-closure care, maintenance, and	76001
monitoring of facilities cleaned up under this section.	76002

(C) Before proceeding to clean up any facility under this	76003
section or section 3734.20 or 3734.21 of the Revised Code, the	76004
director shall develop a plan for the cleanup of the facility and	76005
an estimate of the cost thereof. The director may carry out the	76006
plan or any part of the plan by contracting for the services,	76007
construction, and repair necessary therefor. The director shall	76008
award each such contract to the lowest responsible bidder after	76009
sealed bids therefor are received, opened, and published at the	76010
time fixed by the director and notice of the time and place at	76011
which the sealed bids will be received, opened, and published has	76012
been published by the director in a newspaper of general	76013
circulation in the county in which the facility to be cleaned up	76014
under the contract is located at least once within the ten days	76015
before the opening of the bids. However, if after advertising for	76016
bids for the contract, no bids are received by the director at the	76017
time and place fixed for receiving them, the director may	76018
advertise again for bids, or the director may, if the director	76019
considers the public interest will best be served thereby, enter	76020
into a contract for the cleanup of the facility without further	76021
advertisement for bids. The director may reject any or all bids	76022
received and fix and publish again notice of the time and place at	76023
which bids for the contracts will be received, opened, and	76024
published.	76025

(D) The director shall keep an itemized record of the costs	76026
of any acquisition under division (A) of this section and the	76027
costs of cleanup under division (B) of this section.	76028

Sec. 3734.24. After the cleanup of a solid waste facility or	76029
a hazardous waste facility acquired and cleaned up under section	76030
3734.23 of the Revised Code, the director of environmental	76031
protection may, if the facility is suitable for use by any other	76032
state department, agency, office, or institution and if the	76033
proposed use of the facility is compatible with the condition of	76034
the facility as cleaned up, transfer the facility to that state	76035
department, agency, office, or institution. The director shall	76036
continue to provide for the post-closure care, maintenance, and	76037
monitoring of any such cleaned-up facility as required by section	76038
3734.23 of the Revised Code.	76039

If the director determines that any facility so cleaned up is	76040
suitable, because of its condition as cleaned up, for restricted	76041
or unrestricted use, the director may, with the approval of the	76042
attorney general, sell the facility if the sale is advantageous to	76043
the state. Prior to selling the cleaned-up facility, the director	76044
shall, when necessary to protect public health or safety, enter	76045
into an environmental covenant in accordance with sections 5301.80	76046
to 5301.92 of the Revised Code. When selling any such cleaned-up	76047
facility, the director shall retain the right to enter upon the	76048
facility, in person or by an authorized agent, to provide for the	76049
post-closure care, maintenance, and monitoring of the facility.	76050
The director shall provide for the post-closure care, maintenance,	76051
and monitoring of any such facility sold as required by section	76052
3734.23 of the Revised Code.	76053

With the approval of the attorney general, the director may	76054
grant easements or leases on any such cleaned-up facility if the	76055
director determines that the use of the facility under the	76056
easement or lease is compatible with its condition as cleaned up.	76057

Any moneys derived from the sale of such cleaned-up	76058
facilities or from payments from easements or leases shall be	76059
credited to the hazardous waste facility management fund created	76060
in section 3734.18 of the Revised Code, the hazardous waste	76061
clean-up fund created in section 3734.28 of the Revised Code, or	76062
the environmental protection remediation fund created in section	76063
3734.281 of the Revised Code, as applicable.	76064

Sec. 3734.25. (A) The director of environmental protection	76065
may make grants of moneys from the hazardous waste facility	76066
management fund created in section 3734.18 of the Revised Code or	76067
the hazardous waste clean-up fund created in section 3734.28 of	76068
the Revised Code for payment by the state of up to two-thirds of	76069
the reasonable and necessary expenses incurred by a municipal	76070
corporation, county, or township for the proper closure of or	76071
abatement of air or water pollution or soil contamination from a	76072
solid waste facility in which significant quantities of hazardous	76073
waste were disposed of and that the political subdivision owns and	76074
once operated.	76075

(B) A municipal corporation, county, or township shall submit	76076
an application for a grant on forms provided by the director,	76077
together with detail plans and specifications indicating the	76078
measures to be performed, an itemized estimate of the project's	76079
cost, a description of the project's benefits, and such other	76080
information as the director prescribes. The plan for closure or	76081
abatement of air or water pollution or soil contamination may be	76082
prepared in consultation with the director or the board of health	76083
of the city or general health district in which the facility is	76084
located. The director may award the applicant a grant only if the	76085
director finds that the proposed measures will provide for the	76086
proper closure of the facility and will abate or prevent air or	76087
water pollution or soil contamination, including, but not limited	76088
to, those measures necessary or desirable to:	76089

(1) In the case of a facility at which land burial of	76090
hazardous waste occurred, establish and maintain a suitable cover	76091
of soil and vegetation over the cells in which waste is buried in	76092
order to minimize erosion, the infiltration of surface water into	76093
the cells, the production of leachate, and the accumulation or	76094
runoff of contaminated surface waters and to prevent air emissions	76095
of hazardous waste from the facility;	76096

(2) Collect and treat contaminated surface water runoff from	76097
the facility;	76098

(3) Collect and treat leachate produced at the facility;

76099

(4) Install test wells and other equipment or facilities to	76100
monitor the quality of surface waters receiving runoff from the	76101
facility or to monitor air emissions of hazardous waste from the	76102
facility;	76103

(5) Regularly monitor and analyze surface water runoff from	76104
the facility, the quality of waters receiving the runoff, and	76105
ground water quality in the vicinity of the facility, and	76106
regularly monitor leachate collection and treatment systems	76107
installed under the grant and analyze samples from them;	76108

(6) Remove and dispose of hazardous waste from the facility	76109
at a suitable hazardous waste disposal facility where necessary to	76110
protect public health or safety or to prevent or abate air or	76111
water pollution or soil contamination.	76112

(C) The director shall determine the amount of the grant	76113
based upon the director's determination of what constitutes	76114
reasonable and necessary expenses for the proper closure of the	76115
facility or for the prevention or elimination of air or water	76116
pollution or soil contamination from the facility. In making a	76117
grant, the director shall enter into a contract with the municipal	76118
corporation, county, or township that owns the facility to ensure	76119
that the moneys granted are used for the purposes of this section	76120
and that measures performed are properly done. The final payment	76121
under a grant may not be made until the director inspects and	76122
approves the completed cleanup.	76123

The contract shall require the municipal corporation, county,	76124
or township to execute an easement whereby the director, an	76125
authorized employee of the agency, or a contractor employed by the	76126
director may enter upon the facility to sample, repair, or	76127
reconstruct air and water quality monitoring equipment constructed	76128
under the contract. Such easements shall be for a specified period	76129
of years and may be extinguished by agreement between the	76130
political subdivision and the director.	76131

When necessary to protect public health or safety, the	76132
contract may require the municipal corporation, county, or	76133
township to enter into an environmental covenant with the director	76134
in accordance with sections 5301.80 to 5301.92 of the Revised	76135
Code.	76136

Sec. 3734.26. (A) The director of environmental protection	76137
may make grants of moneys from the hazardous waste facility	76138
management fund created in section 3734.18 of the Revised Code or	76139
the hazardous waste clean-up fund created in section 3734.28 of	76140
the Revised Code to the owner, other than a political subdivision,	76141
of a solid waste facility in which significant quantities of	76142
hazardous waste were disposed of or a hazardous waste facility for	76143
up to fifty per cent of the cost of the reasonable and necessary	76144
expenses incurred for the proper closure of or abatement or	76145
prevention of air or water pollution or soil contamination from	76146
the facility and for developing the land on which it was located	76147
for use in industry, commerce, distribution, or research.	76148

The director shall not make grants to the owner of any land	76149
on which such facilities are located if the owner at any time	76150
owned or operated the facility located thereon for profit or in	76151
conjunction with any profit-making enterprise located in this	76152
state or to any person who at any time owned or operated a	76153
facility concerning which the director has taken action under	76154
section 3734.20, 3734.22, or 3734.23 of the Revised Code. However,	76155
the director may make grants under this section to any subsequent	76156
owner of the land, provided that the person has no affiliation	76157
with any person who owned or operated the facility located on the	76158
land for profit or in conjunction with any profit-making	76159
enterprise located in this state or who owned or operated a	76160
facility concerning which the director has taken action under	76161
section 3734.20, 3734.22, or 3734.23 of the Revised Code.	76162

(B) The owner shall submit an application for a grant on	76163
forms furnished by the director, together with detail plans and	76164
specifications for the measures to be performed to close the	76165
facility properly or to abate or prevent air or water pollution or	76166
soil contamination from the facility, an itemized estimate of the	76167
project's cost, a description of the project's estimated benefits,	76168
and such other information as the director prescribes. The plan	76169
may be prepared in consultation with the director or with the	76170
board of health of the city or general health district in which	76171
the facility is located. The director may award the applicant a	76172
grant only after finding that the proposed measures will provide	76173
for the proper closure of the facility or will abate or prevent	76174
air or water pollution or soil contamination from the facility,	76175
including, but not limited to, those measures necessary or	76176
desirable to:	76177

(1) In the case of a facility for the land burial of	76178
hazardous waste, establish and maintain a suitable cover of soil	76179
and vegetation over the cells in which waste is buried in order to	76180
minimize erosion, the infiltration of surface water into the	76181
cells, the production of leachate, and the accumulation or runoff	76182
of contaminated surface water and to prevent air emissions of	76183
hazardous waste from the facility;	76184

(2) Collect and treat contaminated surface water runoff from	76185
the facility;	76186

(3) Collect and treat leachate produced at the facility;

76187

(4) Install test wells and other equipment or facilities to	76188
monitor the quality of surface waters receiving runoff from the	76189
facility or to monitor air emissions of hazardous waste from the	76190
facility;	76191

(5) Regularly monitor and analyze surface water runoff from	76192
the facility, the quality of waters receiving the runoff, and	76193
ground water quality in the vicinity of the facility, and	76194
regularly monitor leachate collection and treatment systems	76195
installed under the grant and analyze samples from them;	76196

(6) Remove and dispose of hazardous waste from the facility	76197
at a suitable hazardous waste disposal facility where necessary to	76198
protect public health or safety or to abate or prevent air or	76199
water pollution or soil contamination.	76200

(C) The director shall determine the amount of the grant	76201
based upon the director's determination of what constitutes	76202
reasonable and necessary expenses for the proper closure of the	76203
facility or for the abatement or prevention of air or water	76204
pollution or soil contamination from the facility. The amount of	76205
the grant shall not exceed one-half of the total, as determined by	76206
the director, of what constitutes reasonable and necessary	76207
expenses actually incurred for the proper closure of or abatement	76208
or prevention of air or water pollution or soil contamination from	76209
the facility.	76210

In making a grant, the director shall enter into a contract	76211
for funding with each applicant awarded a grant to ensure that the	76212
moneys granted are used for the purpose of this section and that	76213
the measures performed are properly performed. The final payment	76214
under a grant may not be made until the director inspects and	76215
approves the completed cleanup and the plans for developing the	76216
land for use in industry, commerce, distribution, or research.	76217

Each contract for funding shall contain provisions for the	76218
reimbursement of the state of a portion of the costs of the	76219
cleanup that is commensurate with the increase in the market value	76220
of the property attributable to the cleanup thereon, as determined	76221
by appraisals made before and after cleanup in the manner stated	76222
in the contract. For reimbursement of that portion, the contract	76223
may include provisions for:	76224

(1) Payment to the state of the share of the income derived	76225
from the productive use of the land;	76226

(2) Imposition of a lien in the amount of the increase in	76227
fair market value payable upon the transfer or conveyance to a new	76228
owner;	76229

(3) Waiver of all reimbursement if the determination	76230
discloses an increase in value that is insubstantial in comparison	76231
to the benefits to the public from the abatement of threats to	76232
public health or safety or from the abatement or prevention of	76233
pollution or contamination, considering the applicant's share of	76234
the cleanup cost.	76235

All reimbursements and payments shall be credited to the	76236
hazardous waste facility management fund or the hazardous waste	76237
clean-up fund ~~created in section 3734.28 of the Revised Code~~, as	76238
applicable.	76239

(D) The contract shall require the owner to execute an	76240
easement whereby the director, an authorized employee of the	76241
agency, or a contractor employed by the agency may enter upon the	76242
facility to sample, repair, or reconstruct air and water quality	76243
monitoring equipment constructed under the contract. Such	76244
easements shall be for a specified period of years and may be	76245
extinguished by agreement between the owner and the director. When	76246
necessary to protect the public health or safety, the contract may	76247
require the owner to enter into an environmental covenant with the	76248
director in accordance with sections 5301.80 to 5301.92 of the	76249
Revised Code.	76250

(E) As used in this section, "commerce" includes, but is not	76251
limited to, agriculture, forestry, and housing.	76252

Sec. 3734.27. Before making grants from the hazardous waste	76253
facility management fund created in section 3734.18 of the Revised	76254
Code or the hazardous waste clean-up fund created in section	76255
3734.28 of the Revised Code, the director of environmental	76256
protection shall consider each project application submitted by a	76257
political subdivision under section 3734.25 of the Revised Code,	76258
each application submitted by the owner of a facility under	76259
section 3734.26 of the Revised Code, and each facility surveyed	76260
under section 3734.19 of the Revised Code and, based upon the	76261
feasibility, cost, and public benefits of restoring the particular	76262
land and the availability of federal or other financial assistance	76263
for restoration, establish priorities for awarding grants from the	76264
fund.	76265

Sec. 3734.28. Except as otherwise provided in ~~section~~	76266
sections 3734.281 and 3734.282 of the Revised Code, moneys	76267
collected under sections 3734.122, 3734.13, 3734.20, 3734.22,	76268
3734.24, and 3734.26 of the Revised Code and under the	76269
"Comprehensive Environmental Response, Compensation, and Liability	76270
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended,	76271
including moneys recovered under division (B)(1) of this section,	76272
shall be paid into the state treasury to the credit of the	76273
hazardous waste clean-up fund, which is hereby created. In	76274
addition, ~~any moneys~~both of the following shall be credited to	76275
the fund:	76276

(A) Moneys recovered for costs paid from the fund for	76277
activities described in divisions (A)(1) and (2) of section	76278
3745.12 of the Revised Code ~~shall be credited to the fund~~;	76279

(B) Natural resource damage assessment costs recovered under	76280
any of the following:	76281

(1) The "Comprehensive Environmental Response, Compensation,	76282
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601, et	76283
seq., as amended;	76284

(2) The "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C.	76285
2701, et seq., as amended;	76286

(3) The Federal Water Pollution Control Act as defined in	76287
section 6111.01 of the Revised Code;	76288

(4) Any other applicable federal or state law. ~~The~~

76289

The environmental protection agency shall use the moneys in	76290
the fund for the purposes set forth in division (D) of section	76291
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25,	76292
3734.26, and 3734.27, divisions (A)(1) and (2) of section 3745.12,	76293
and Chapter 3746. of the Revised Code, including any related	76294
enforcement expenses. In addition, the agency shall use the moneys	76295
in the fund to pay the state's long-term operation and maintenance	76296
costs or matching share for actions taken under the "Comprehensive	76297
Environmental Response, Compensation, and Liability Act of 1980,"	76298
as amended. If those moneys are reimbursed by grants or other	76299
moneys from the United States or any other person, the moneys	76300
shall be placed in the fund and not in the general revenue fund.	76301

The director of environmental protection may enter into	76302
contracts and grant agreements with federal, state, or local	76303
government agencies, nonprofit organizations, and colleges and	76304
universities for the purpose of carrying out the responsibilities	76305
of the environmental protection agency for which money may be	76306
expended from the fund.	76307

Sec. 3734.282. ~~All~~Except for natural resource damage	76308
assessment costs recovered by the state that are required by	76309
section 3734.28 of the Revised Code to be credited to the	76310
hazardous waste clean-up fund created in that section, all money	76311
collected by the state for natural resources damages under the	76312
"Comprehensive Environmental Response, Compensation, and Liability	76313
Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601 et seq., as amended,	76314
the "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C. 2701 et	76315
seq., as amended, the ~~"Clean~~Federal Water Pollution Control Act,"	76316
~~86 Stat. 862, 33 U.S.C. 1321,~~ as ~~amended~~defined in section	76317
6111.01 of the Revised Code, or any other applicable federal or	76318
state law shall be paid into the state treasury to the credit of	76319
the natural resource damages fund, which is hereby created. The	76320
director of environmental protection shall use money in the fund	76321
only in accordance with the purposes of and the limitations on	76322
natural resources damages set forth in the "Comprehensive	76323
Environmental Response, Compensation, and Liability Act of 1980,"	76324
as amended, the "Oil Pollution Act of 1990," as amended, the	76325
~~"Clean~~Federal Water Pollution Control Act~~," as amended~~, or	76326
another applicable federal or state law. All investment earnings	76327
of the fund shall be credited to the fund.	76328

The director of environmental protection may enter into	76329
contracts and grant agreements with federal, state, or local	76330
government agencies, nonprofit organizations, and colleges and	76331
universities for the purpose of carrying out the director's	76332
responsibilities for which money may be expended from the fund.	76333

Sec. 3734.57. (A) The following fees are hereby levied on	76334
the transfer or disposal of solid wastes in this state:	76335

(1) One dollar per ton ~~on and after July 1, 2003,~~ through	76336
June 30, ~~2012~~2014, one-half of the proceeds of which shall be	76337
deposited in the state treasury to the credit of the hazardous	76338
waste facility management fund created in section 3734.18 of the	76339
Revised Code and one-half of the proceeds of which shall be	76340
deposited in the state treasury to the credit of the hazardous	76341
waste clean-up fund created in section 3734.28 of the Revised	76342
Code;	76343

(2) An additional one dollar per ton ~~on and after July 1,~~	76344
~~2003,~~ through June 30, ~~2012~~2014, the proceeds of which shall be	76345
deposited in the state treasury to the credit of the solid waste	76346
fund, which is hereby created. The environmental protection agency	76347
shall use money in the solid waste fund to pay the costs of	76348
administering and enforcing the laws pertaining to solid wastes,	76349
infectious wastes, and construction and demolition debris,	76350
including, without limitation, ground water evaluations related to	76351
solid wastes, infectious wastes, and construction and demolition	76352
debris, under this chapter and Chapter 3714. of the Revised Code	76353
and any rules adopted under them, providing compliance assistance	76354
to small businesses, and paying a share of the administrative	76355
costs of the environmental protection agency pursuant to section	76356
3745.014 of the Revised Code.	76357

(3) An additional ~~one dollar~~two dollars and fifty cents per	76358
ton ~~on and after July 1, 2005,~~ through June 30, ~~2012~~2014, the	76359
proceeds of which shall be deposited in the state treasury to the	76360
credit of the environmental protection fund created in section	76361
3745.015 of the Revised Code;	76362

(4) ~~An additional one dollar per ton on and after August 1,~~	76363
~~2009, through June 30, 2012, the proceeds of which shall be~~	76364
~~deposited in the state treasury to the credit of the environmental~~	76365
~~protection fund.~~	76366

~~(5)~~ An additional twenty-five cents per ton ~~on and after~~	76367
~~August 1, 2009,~~ through June 30, ~~2012~~2013, the proceeds of which	76368
shall be deposited in the state treasury to the credit of the soil	76369
and water conservation district assistance fund created in section	76370
1515.14 of the Revised Code.	76371

In the case of solid wastes that are taken to a solid waste	76372
transfer facility located in this state prior to being transported	76373
for disposal at a solid waste disposal facility located in this	76374
state or outside of this state, the fees levied under this	76375
division shall be collected by the owner or operator of the	76376
transfer facility as a trustee for the state. The amount of fees	76377
required to be collected under this division at such a transfer	76378
facility shall equal the total tonnage of solid wastes received at	76379
the facility multiplied by the fees levied under this division. In	76380
the case of solid wastes that are not taken to a solid waste	76381
transfer facility located in this state prior to being transported	76382
to a solid waste disposal facility, the fees shall be collected by	76383
the owner or operator of the solid waste disposal facility as a	76384
trustee for the state. The amount of fees required to be collected	76385
under this division at such a disposal facility shall equal the	76386
total tonnage of solid wastes received at the facility that was	76387
not previously taken to a solid waste transfer facility located in	76388
this state multiplied by the fees levied under this division. Fees	76389
levied under this division do not apply to materials separated	76390
from a mixed waste stream for recycling by a generator or	76391
materials removed from the solid waste stream through recycling,	76392
as "recycling" is defined in rules adopted under section 3734.02	76393
of the Revised Code.	76394

The owner or operator of a solid waste transfer facility or	76395
disposal facility, as applicable, shall prepare and file with the	76396
director of environmental protection each month a return	76397
indicating the total tonnage of solid wastes received at the	76398
facility during that month and the total amount of the fees	76399
required to be collected under this division during that month. In	76400
addition, the owner or operator of a solid waste disposal facility	76401
shall indicate on the return the total tonnage of solid wastes	76402
received from transfer facilities located in this state during	76403
that month for which the fees were required to be collected by the	76404
transfer facilities. The monthly returns shall be filed on a form	76405
prescribed by the director. Not later than thirty days after the	76406
last day of the month to which a return applies, the owner or	76407
operator shall mail to the director the return for that month	76408
together with the fees required to be collected under this	76409
division during that month as indicated on the return or may	76410
submit the return and fees electronically in a manner approved by	76411
the director. If the return is filed and the amount of the fees	76412
due is paid in a timely manner as required in this division, the	76413
owner or operator may retain a discount of three-fourths of one	76414
per cent of the total amount of the fees that are required to be	76415
paid as indicated on the return.	76416

The owner or operator may request an extension of not more	76417
than thirty days for filing the return and remitting the fees,	76418
provided that the owner or operator has submitted such a request	76419
in writing to the director together with a detailed description of	76420
why the extension is requested, the director has received the	76421
request not later than the day on which the return is required to	76422
be filed, and the director has approved the request. If the fees	76423
are not remitted within thirty days after the last day of the	76424
month to which the return applies or are not remitted by the last	76425
day of an extension approved by the director, the owner or	76426
operator shall not retain the three-fourths of one per cent	76427
discount and shall pay an additional ten per cent of the amount of	76428
the fees for each month that they are late. For purposes of	76429
calculating the late fee, the first month in which fees are late	76430
begins on the first day after the deadline has passed for timely	76431
submitting the return and fees, and one additional month shall be	76432
counted every thirty days thereafter.	76433

The owner or operator of a solid waste facility may request a	76434
refund or credit of fees levied under this division and remitted	76435
to the director that have not been paid to the owner or operator.	76436
Such a request shall be made only if the fees have not been	76437
collected by the owner or operator, have become a debt that has	76438
become worthless or uncollectable for a period of six months or	76439
more, and may be claimed as a deduction, including a deduction	76440
claimed if the owner or operator keeps accounts on an accrual	76441
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	76442
U.S.C. 166, as amended, and regulations adopted under it. Prior to	76443
making a request for a refund or credit, an owner or operator	76444
shall make reasonable efforts to collect the applicable fees. A	76445
request for a refund or credit shall not include any costs	76446
resulting from those efforts to collect unpaid fees.	76447

A request for a refund or credit of fees shall be made in	76448
writing, on a form prescribed by the director, and shall be	76449
supported by evidence that may be required in rules adopted by the	76450
director under this chapter. After reviewing the request, and if	76451
the request and evidence submitted with the request indicate that	76452
a refund or credit is warranted, the director shall grant a refund	76453
to the owner or operator or shall permit a credit to be taken by	76454
the owner or operator on a subsequent monthly return submitted by	76455
the owner or operator. The amount of a refund or credit shall not	76456
exceed an amount that is equal to ninety days' worth of fees owed	76457
to an owner or operator by a particular debtor of the owner or	76458
operator. A refund or credit shall not be granted by the director	76459
to an owner or operator more than once in any twelve-month period	76460
for fees owed to the owner or operator by a particular debtor.	76461

If, after receiving a refund or credit from the director, an	76462
owner or operator receives payment of all or part of the fees, the	76463
owner or operator shall remit the fees with the next monthly	76464
return submitted to the director together with a written	76465
explanation of the reason for the submittal.	76466

For purposes of computing the fees levied under this division	76467
or division (B) of this section, any solid waste transfer or	76468
disposal facility that does not use scales as a means of	76469
determining gate receipts shall use a conversion factor of three	76470
cubic yards per ton of solid waste or one cubic yard per ton for	76471
baled waste, as applicable.	76472

The fees levied under this division and divisions (B) and (C)	76473
of this section are in addition to all other applicable fees and	76474
taxes and shall be paid by the customer or a political subdivision	76475
to the owner or operator of a solid waste transfer or disposal	76476
facility. In the alternative, the fees shall be paid by a customer	76477
or political subdivision to a transporter of waste who	76478
subsequently transfers the fees to the owner or operator of such a	76479
facility. The fees shall be paid notwithstanding the existence of	76480
any provision in a contract that the customer or a political	76481
subdivision may have with the owner or operator or with a	76482
transporter of waste to the facility that would not require or	76483
allow such payment regardless of whether the contract was entered	76484
prior to or after the effective date of this amendment. For those	76485
purposes, "customer" means a person who contracts with, or	76486
utilizes the solid waste services of, the owner or operator of a	76487
solid waste transfer or disposal facility or a transporter of	76488
solid waste to such a facility.	76489

(B) For the purposes specified in division (G) of this	76490
section, the solid waste management policy committee of a county	76491
or joint solid waste management district may levy fees upon the	76492
following activities:	76493

(1) The disposal at a solid waste disposal facility located	76494
in the district of solid wastes generated within the district;	76495

(2) The disposal at a solid waste disposal facility within	76496
the district of solid wastes generated outside the boundaries of	76497
the district, but inside this state;	76498

(3) The disposal at a solid waste disposal facility within	76499
the district of solid wastes generated outside the boundaries of	76500
this state.	76501

The solid waste management plan of the county or joint	76502
district approved under section 3734.521 or 3734.55 of the Revised	76503
Code and any amendments to it, or the resolution adopted under	76504
this division, as appropriate, shall establish the rates of the	76505
fees levied under divisions (B)(1), (2), and (3) of this section,	76506
if any, and shall specify whether the fees are levied on the basis	76507
of tons or cubic yards as the unit of measurement. A solid waste	76508
management district that levies fees under this division on the	76509
basis of cubic yards shall do so in accordance with division (A)	76510
of this section.	76511

The fee levied under division (B)(1) of this section shall be	76512
not less than one dollar per ton nor more than two dollars per	76513
ton, the fee levied under division (B)(2) of this section shall be	76514
not less than two dollars per ton nor more than four dollars per	76515
ton, and the fee levied under division (B)(3) of this section	76516
shall be not more than the fee levied under division (B)(1) of	76517
this section.	76518

Prior to the approval of the solid waste management plan of a	76519
district under section 3734.55 of the Revised Code, the solid	76520
waste management policy committee of a district may levy fees	76521
under this division by adopting a resolution establishing the	76522
proposed amount of the fees. Upon adopting the resolution, the	76523
committee shall deliver a copy of the resolution to the board of	76524
county commissioners of each county forming the district and to	76525
the legislative authority of each municipal corporation and	76526
township under the jurisdiction of the district and shall prepare	76527
and publish the resolution and a notice of the time and location	76528
where a public hearing on the fees will be held. Upon adopting the	76529
resolution, the committee shall deliver written notice of the	76530
adoption of the resolution; of the amount of the proposed fees;	76531
and of the date, time, and location of the public hearing to the	76532
director and to the fifty industrial, commercial, or institutional	76533
generators of solid wastes within the district that generate the	76534
largest quantities of solid wastes, as determined by the	76535
committee, and to their local trade associations. The committee	76536
shall make good faith efforts to identify those generators within	76537
the district and their local trade associations, but the	76538
nonprovision of notice under this division to a particular	76539
generator or local trade association does not invalidate the	76540
proceedings under this division. The publication shall occur at	76541
least thirty days before the hearing. After the hearing, the	76542
committee may make such revisions to the proposed fees as it	76543
considers appropriate and thereafter, by resolution, shall adopt	76544
the revised fee schedule. Upon adopting the revised fee schedule,	76545
the committee shall deliver a copy of the resolution doing so to	76546
the board of county commissioners of each county forming the	76547
district and to the legislative authority of each municipal	76548
corporation and township under the jurisdiction of the district.	76549
Within sixty days after the delivery of a copy of the resolution	76550
adopting the proposed revised fees by the policy committee, each	76551
such board and legislative authority, by ordinance or resolution,	76552
shall approve or disapprove the revised fees and deliver a copy of	76553
the ordinance or resolution to the committee. If any such board or	76554
legislative authority fails to adopt and deliver to the policy	76555
committee an ordinance or resolution approving or disapproving the	76556
revised fees within sixty days after the policy committee	76557
delivered its resolution adopting the proposed revised fees, it	76558
shall be conclusively presumed that the board or legislative	76559
authority has approved the proposed revised fees. The committee	76560
shall determine if the resolution has been ratified in the same	76561
manner in which it determines if a draft solid waste management	76562
plan has been ratified under division (B) of section 3734.55 of	76563
the Revised Code.	76564

The committee may amend the schedule of fees levied pursuant	76565
to a resolution adopted and ratified under this division by	76566
adopting a resolution establishing the proposed amount of the	76567
amended fees. The committee may repeal the fees levied pursuant to	76568
such a resolution by adopting a resolution proposing to repeal	76569
them. Upon adopting such a resolution, the committee shall proceed	76570
to obtain ratification of the resolution in accordance with this	76571
division.	76572

Not later than fourteen days after declaring the new fees to	76573
be ratified or the fees to be repealed under this division, the	76574
committee shall notify by certified mail the owner or operator of	76575
each solid waste disposal facility that is required to collect the	76576
fees of the ratification and the amount of the fees or of the	76577
repeal of the fees. Collection of any fees shall commence or	76578
collection of repealed fees shall cease on the first day of the	76579
second month following the month in which notification is sent to	76580
the owner or operator.	76581

Fees levied under this division also may be established,	76582
amended, or repealed by a solid waste management policy committee	76583
through the adoption of a new district solid waste management	76584
plan, the adoption of an amended plan, or the amendment of the	76585
plan or amended plan in accordance with sections 3734.55 and	76586
3734.56 of the Revised Code or the adoption or amendment of a	76587
district plan in connection with a change in district composition	76588
under section 3734.521 of the Revised Code.	76589

Not later than fourteen days after the director issues an	76590
order approving a district's solid waste management plan, amended	76591
plan, or amendment to a plan or amended plan that establishes,	76592
amends, or repeals a schedule of fees levied by the district, the	76593
committee shall notify by certified mail the owner or operator of	76594
each solid waste disposal facility that is required to collect the	76595
fees of the approval of the plan or amended plan, or the amendment	76596
to the plan, as appropriate, and the amount of the fees, if any.	76597
In the case of an initial or amended plan approved under section	76598
3734.521 of the Revised Code in connection with a change in	76599
district composition, other than one involving the withdrawal of a	76600
county from a joint district, the committee, within fourteen days	76601
after the change takes effect pursuant to division (G) of that	76602
section, shall notify by certified mail the owner or operator of	76603
each solid waste disposal facility that is required to collect the	76604
fees that the change has taken effect and of the amount of the	76605
fees, if any. Collection of any fees shall commence or collection	76606
of repealed fees shall cease on the first day of the second month	76607
following the month in which notification is sent to the owner or	76608
operator.	76609

If, in the case of a change in district composition involving	76610
the withdrawal of a county from a joint district, the director	76611
completes the actions required under division (G)(1) or (3) of	76612
section 3734.521 of the Revised Code, as appropriate, forty-five	76613
days or more before the beginning of a calendar year, the policy	76614
committee of each of the districts resulting from the change that	76615
obtained the director's approval of an initial or amended plan in	76616
connection with the change, within fourteen days after the	76617
director's completion of the required actions, shall notify by	76618
certified mail the owner or operator of each solid waste disposal	76619
facility that is required to collect the district's fees that the	76620
change is to take effect on the first day of January immediately	76621
following the issuance of the notice and of the amount of the fees	76622
or amended fees levied under divisions (B)(1) to (3) of this	76623
section pursuant to the district's initial or amended plan as so	76624
approved or, if appropriate, the repeal of the district's fees by	76625
that initial or amended plan. Collection of any fees set forth in	76626
such a plan or amended plan shall commence on the first day of	76627
January immediately following the issuance of the notice. If such	76628
an initial or amended plan repeals a schedule of fees, collection	76629
of the fees shall cease on that first day of January.	76630

If, in the case of a change in district composition involving	76631
the withdrawal of a county from a joint district, the director	76632
completes the actions required under division (G)(1) or (3) of	76633
section 3734.521 of the Revised Code, as appropriate, less than	76634
forty-five days before the beginning of a calendar year, the	76635
director, on behalf of each of the districts resulting from the	76636
change that obtained the director's approval of an initial or	76637
amended plan in connection with the change proceedings, shall	76638
notify by certified mail the owner or operator of each solid waste	76639
disposal facility that is required to collect the district's fees	76640
that the change is to take effect on the first day of January	76641
immediately following the mailing of the notice and of the amount	76642
of the fees or amended fees levied under divisions (B)(1) to (3)	76643
of this section pursuant to the district's initial or amended plan	76644
as so approved or, if appropriate, the repeal of the district's	76645
fees by that initial or amended plan. Collection of any fees set	76646
forth in such a plan or amended plan shall commence on the first	76647
day of the second month following the month in which notification	76648
is sent to the owner or operator. If such an initial or amended	76649
plan repeals a schedule of fees, collection of the fees shall	76650
cease on the first day of the second month following the month in	76651
which notification is sent to the owner or operator.	76652

If the schedule of fees that a solid waste management	76653
district is levying under divisions (B)(1) to (3) of this section	76654
is amended or repealed, the fees in effect immediately prior to	76655
the amendment or repeal shall continue to be collected until	76656
collection of the amended fees commences or collection of the	76657
repealed fees ceases, as applicable, as specified in this	76658
division. In the case of a change in district composition, money	76659
so received from the collection of the fees of the former	76660
districts shall be divided among the resulting districts in	76661
accordance with division (B) of section 343.012 of the Revised	76662
Code and the agreements entered into under division (B) of section	76663
343.01 of the Revised Code to establish the former and resulting	76664
districts and any amendments to those agreements.	76665

For the purposes of the provisions of division (B) of this	76666
section establishing the times when newly established or amended	76667
fees levied by a district are required to commence and the	76668
collection of fees that have been amended or repealed is required	76669
to cease, "fees" or "schedule of fees" includes, in addition to	76670
fees levied under divisions (B)(1) to (3) of this section, those	76671
levied under section 3734.573 or 3734.574 of the Revised Code.	76672

(C) For the purposes of defraying the added costs to a	76673
municipal corporation or township of maintaining roads and other	76674
public facilities and of providing emergency and other public	76675
services, and compensating a municipal corporation or township for	76676
reductions in real property tax revenues due to reductions in real	76677
property valuations resulting from the location and operation of a	76678
solid waste disposal facility within the municipal corporation or	76679
township, a municipal corporation or township in which such a	76680
solid waste disposal facility is located may levy a fee of not	76681
more than twenty-five cents per ton on the disposal of solid	76682
wastes at a solid waste disposal facility located within the	76683
boundaries of the municipal corporation or township regardless of	76684
where the wastes were generated.	76685

The legislative authority of a municipal corporation or	76686
township may levy fees under this division by enacting an	76687
ordinance or adopting a resolution establishing the amount of the	76688
fees. Upon so doing the legislative authority shall mail a	76689
certified copy of the ordinance or resolution to the board of	76690
county commissioners or directors of the county or joint solid	76691
waste management district in which the municipal corporation or	76692
township is located or, if a regional solid waste management	76693
authority has been formed under section 343.011 of the Revised	76694
Code, to the board of trustees of that regional authority, the	76695
owner or operator of each solid waste disposal facility in the	76696
municipal corporation or township that is required to collect the	76697
fee by the ordinance or resolution, and the director of	76698
environmental protection. Although the fees levied under this	76699
division are levied on the basis of tons as the unit of	76700
measurement, the legislative authority, in its ordinance or	76701
resolution levying the fees under this division, may direct that	76702
the fees be levied on the basis of cubic yards as the unit of	76703
measurement based upon a conversion factor of three cubic yards	76704
per ton generally or one cubic yard per ton for baled wastes.	76705

Not later than five days after enacting an ordinance or	76706
adopting a resolution under this division, the legislative	76707
authority shall so notify by certified mail the owner or operator	76708
of each solid waste disposal facility that is required to collect	76709
the fee. Collection of any fee levied on or after March 24, 1992,	76710
shall commence on the first day of the second month following the	76711
month in which notification is sent to the owner or operator.	76712

(D)(1) The fees levied under divisions (A), (B), and (C) of	76713
this section do not apply to the disposal of solid wastes that:	76714

(a) Are disposed of at a facility owned by the generator of	76715
the wastes when the solid waste facility exclusively disposes of	76716
solid wastes generated at one or more premises owned by the	76717
generator regardless of whether the facility is located on a	76718
premises where the wastes are generated;	76719

(b) Are ~~disposed of at facilities that exclusively dispose of~~	76720
~~wastes that are~~ generated from the combustion of coal, or from the	76721
combustion of primarily coal in combination with scrap tires, ~~that~~	76722
~~is not combined in any way with garbage at one or more~~regardless	76723
of whether the disposal facility is located on the premises ~~owned~~	76724
~~by the generator~~where the wastes are generated.	76725

(2) Except as provided in section 3734.571 of the Revised	76726
Code, any fees levied under division (B)(1) of this section apply	76727
to solid wastes originating outside the boundaries of a county or	76728
joint district that are covered by an agreement for the joint use	76729
of solid waste facilities entered into under section 343.02 of the	76730
Revised Code by the board of county commissioners or board of	76731
directors of the county or joint district where the wastes are	76732
generated and disposed of.	76733

(3) When solid wastes, other than solid wastes that consist	76734
of scrap tires, are burned in a disposal facility that is an	76735
incinerator or energy recovery facility, the fees levied under	76736
divisions (A), (B), and (C) of this section shall be levied upon	76737
the disposal of the fly ash and bottom ash remaining after burning	76738
of the solid wastes and shall be collected by the owner or	76739
operator of the sanitary landfill where the ash is disposed of.	76740

(4) When solid wastes are delivered to a solid waste transfer	76741
facility, the fees levied under divisions (B) and (C) of this	76742
section shall be levied upon the disposal of solid wastes	76743
transported off the premises of the transfer facility for disposal	76744
and shall be collected by the owner or operator of the solid waste	76745
disposal facility where the wastes are disposed of.	76746

(5) The fees levied under divisions (A), (B), and (C) of this	76747
section do not apply to sewage sludge that is generated by a waste	76748
water treatment facility holding a national pollutant discharge	76749
elimination system permit and that is disposed of through	76750
incineration, land application, or composting or at another	76751
resource recovery or disposal facility that is not a landfill.	76752

(6) The fees levied under divisions (A), (B), and (C) of this	76753
section do not apply to solid wastes delivered to a solid waste	76754
composting facility for processing. When any unprocessed solid	76755
waste or compost product is transported off the premises of a	76756
composting facility and disposed of at a landfill, the fees levied	76757
under divisions (A), (B), and (C) of this section shall be	76758
collected by the owner or operator of the landfill where the	76759
unprocessed waste or compost product is disposed of.	76760

(7) When solid wastes that consist of scrap tires are	76761
processed at a scrap tire recovery facility, the fees levied under	76762
divisions (A), (B), and (C) of this section shall be levied upon	76763
the disposal of the fly ash and bottom ash or other solid wastes	76764
remaining after the processing of the scrap tires and shall be	76765
collected by the owner or operator of the solid waste disposal	76766
facility where the ash or other solid wastes are disposed of.	76767

(8) The director of environmental protection may issue an	76768
order exempting from the fees levied under this section solid	76769
wastes, including, but not limited to, scrap tires, that are	76770
generated, transferred, or disposed of as a result of a contract	76771
providing for the expenditure of public funds entered into by the	76772
administrator or regional administrator of the United States	76773
environmental protection agency, the director of environmental	76774
protection, or the director of administrative services on behalf	76775
of the director of environmental protection for the purpose of	76776
remediating conditions at a hazardous waste facility, solid waste	76777
facility, or other location at which the administrator or regional	76778
administrator or the director of environmental protection has	76779
reason to believe that there is a substantial threat to public	76780
health or safety or the environment or that the conditions are	76781
causing or contributing to air or water pollution or soil	76782
contamination. An order issued by the director of environmental	76783
protection under division (D)(8) of this section shall include a	76784
determination that the amount of the fees not received by a solid	76785
waste management district as a result of the order will not	76786
adversely impact the implementation and financing of the	76787
district's approved solid waste management plan and any approved	76788
amendments to the plan. Such an order is a final action of the	76789
director of environmental protection.	76790

(E) The fees levied under divisions (B) and (C) of this	76791
section shall be collected by the owner or operator of the solid	76792
waste disposal facility where the wastes are disposed of as a	76793
trustee for the county or joint district and municipal corporation	76794
or township where the wastes are disposed of. Moneys from the fees	76795
levied under division (B) of this section shall be forwarded to	76796
the board of county commissioners or board of directors of the	76797
district in accordance with rules adopted under division (H) of	76798
this section. Moneys from the fees levied under division (C) of	76799
this section shall be forwarded to the treasurer or such other	76800
officer of the municipal corporation as, by virtue of the charter,	76801
has the duties of the treasurer or to the fiscal officer of the	76802
township, as appropriate, in accordance with those rules.	76803

(F) Moneys received by the treasurer or other officer of the	76804
municipal corporation under division (E) of this section shall be	76805
paid into the general fund of the municipal corporation. Moneys	76806
received by the fiscal officer of the township under that division	76807
shall be paid into the general fund of the township. The treasurer	76808
or other officer of the municipal corporation or the township	76809
fiscal officer, as appropriate, shall maintain separate records of	76810
the moneys received from the fees levied under division (C) of	76811
this section.	76812

(G) Moneys received by the board of county commissioners or	76813
board of directors under division (E) of this section or section	76814
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	76815
shall be paid to the county treasurer, or other official acting in	76816
a similar capacity under a county charter, in a county district or	76817
to the county treasurer or other official designated by the board	76818
of directors in a joint district and kept in a separate and	76819
distinct fund to the credit of the district. If a regional solid	76820
waste management authority has been formed under section 343.011	76821
of the Revised Code, moneys received by the board of trustees of	76822
that regional authority under division (E) of this section shall	76823
be kept by the board in a separate and distinct fund to the credit	76824
of the district. Moneys in the special fund of the county or joint	76825
district arising from the fees levied under division (B) of this	76826
section and the fee levied under division (A) of section 3734.573	76827
of the Revised Code shall be expended by the board of county	76828
commissioners or directors of the district in accordance with the	76829
district's solid waste management plan or amended plan approved	76830
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	76831
exclusively for the following purposes:	76832

(1) Preparation of the solid waste management plan of the	76833
district under section 3734.54 of the Revised Code, monitoring	76834
implementation of the plan, and conducting the periodic review and	76835
amendment of the plan required by section 3734.56 of the Revised	76836
Code by the solid waste management policy committee;	76837

(2) Implementation of the approved solid waste management	76838
plan or amended plan of the district, including, without	76839
limitation, the development and implementation of solid waste	76840
recycling or reduction programs;	76841

(3) Providing financial assistance to boards of health within	76842
the district, if solid waste facilities are located within the	76843
district, for enforcement of this chapter and rules, orders, and	76844
terms and conditions of permits, licenses, and variances adopted	76845
or issued under it, other than the hazardous waste provisions of	76846
this chapter and rules adopted and orders and terms and conditions	76847
of permits issued under those provisions;	76848

(4) Providing financial assistance to each county within the	76849
district to defray the added costs of maintaining roads and other	76850
public facilities and of providing emergency and other public	76851
services resulting from the location and operation of a solid	76852
waste facility within the county under the district's approved	76853
solid waste management plan or amended plan;	76854

(5) Pursuant to contracts entered into with boards of health	76855
within the district, if solid waste facilities contained in the	76856
district's approved plan or amended plan are located within the	76857
district, for paying the costs incurred by those boards of health	76858
for collecting and analyzing samples from public or private water	76859
wells on lands adjacent to those facilities;	76860

(6) Developing and implementing a program for the inspection	76861
of solid wastes generated outside the boundaries of this state	76862
that are disposed of at solid waste facilities included in the	76863
district's approved solid waste management plan or amended plan;	76864

(7) Providing financial assistance to boards of health within	76865
the district for the enforcement of section 3734.03 of the Revised	76866
Code or to local law enforcement agencies having jurisdiction	76867
within the district for enforcing anti-littering laws and	76868
ordinances;	76869

(8) Providing financial assistance to boards of health of	76870
health districts within the district that are on the approved list	76871
under section 3734.08 of the Revised Code to defray the costs to	76872
the health districts for the participation of their employees	76873
responsible for enforcement of the solid waste provisions of this	76874
chapter and rules adopted and orders and terms and conditions of	76875
permits, licenses, and variances issued under those provisions in	76876
the training and certification program as required by rules	76877
adopted under division (L) of section 3734.02 of the Revised Code;	76878

(9) Providing financial assistance to individual municipal	76879
corporations and townships within the district to defray their	76880
added costs of maintaining roads and other public facilities and	76881
of providing emergency and other public services resulting from	76882
the location and operation within their boundaries of a	76883
composting, energy or resource recovery, incineration, or	76884
recycling facility that either is owned by the district or is	76885
furnishing solid waste management facility or recycling services	76886
to the district pursuant to a contract or agreement with the board	76887
of county commissioners or directors of the district;	76888

(10) Payment of any expenses that are agreed to, awarded, or	76889
ordered to be paid under section 3734.35 of the Revised Code and	76890
of any administrative costs incurred pursuant to that section. In	76891
the case of a joint solid waste management district, if the board	76892
of county commissioners of one of the counties in the district is	76893
negotiating on behalf of affected communities, as defined in that	76894
section, in that county, the board shall obtain the approval of	76895
the board of directors of the district in order to expend moneys	76896
for administrative costs incurred.	76897

Prior to the approval of the district's solid waste	76898
management plan under section 3734.55 of the Revised Code, moneys	76899
in the special fund of the district arising from the fees shall be	76900
expended for those purposes in the manner prescribed by the solid	76901
waste management policy committee by resolution.	76902

Notwithstanding division (G)(6) of this section as it existed	76903
prior to October 29, 1993, or any provision in a district's solid	76904
waste management plan prepared in accordance with division	76905
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	76906
prior to that date, any moneys arising from the fees levied under	76907
division (B)(3) of this section prior to January 1, 1994, may be	76908
expended for any of the purposes authorized in divisions (G)(1) to	76909
(10) of this section.	76910

(H) The director shall adopt rules in accordance with Chapter	76911
119. of the Revised Code prescribing procedures for collecting and	76912
forwarding the fees levied under divisions (B) and (C) of this	76913
section to the boards of county commissioners or directors of	76914
county or joint solid waste management districts and to the	76915
treasurers or other officers of municipal corporations and the	76916
fiscal officers of townships. The rules also shall prescribe the	76917
dates for forwarding the fees to the boards and officials and may	76918
prescribe any other requirements the director considers necessary	76919
or appropriate to implement and administer divisions (A), (B), and	76920
(C) of this section.	76921

Sec. 3734.577. Notwithstanding any section of the Revised	76922
Code to the contrary, no solid waste management district shall	76923
exempt a public sector commercial licensed hauler from a fee that	76924
is charged to private sector commercial licensed haulers by the	76925
solid waste management district.	76926

Sec. 3734.85. (A) On and after the effective date of the	76927
rules adopted under sections 3734.70, 3734.71, 3734.72, and	76928
3734.73 of the Revised Code, the director of environmental	76929
protection may take action under this section to abate	76930
accumulations of scrap tires. If the director determines that an	76931
accumulation of scrap tires constitutes a danger to the public	76932
health or safety or to the environment, the director shall issue	76933
an order under section 3734.13 of the Revised Code to the person	76934
responsible for the accumulation of scrap tires directing that	76935
person, within one hundred twenty days after the issuance of the	76936
order, to remove the accumulation of scrap tires from the premises	76937
on which it is located and transport the tires to a scrap tire	76938
storage, monocell, monofill, or recovery facility licensed under	76939
section 3734.81 of the Revised Code, to such a facility in another	76940
state operating in compliance with the laws of the state in which	76941
it is located, or to any other solid waste disposal facility in	76942
another state that is operating in compliance with the laws of	76943
that state. If the person responsible for causing the accumulation	76944
of scrap tires is a person different from the owner of the land on	76945
which the accumulation is located, the director may issue such an	76946
order to the landowner.	76947

If the director is unable to ascertain immediately the	76948
identity of the person responsible for causing the accumulation of	76949
scrap tires, the director shall examine the records of the	76950
applicable board of health and law enforcement agencies to	76951
ascertain that person's identity. Before initiating any	76952
enforcement or removal actions under this division against the	76953
owner of the land on which the accumulation is located, the	76954
director shall initiate any such actions against the person that	76955
the director has identified as responsible for causing the	76956
accumulation of scrap tires. Failure of the director to make	76957
diligent efforts to ascertain the identity of the person	76958
responsible for causing the accumulation of scrap tires or to	76959
initiate an action against the person responsible for causing the	76960
accumulation shall not constitute an affirmative defense by a	76961
landowner to an enforcement action initiated by the director under	76962
this division requiring immediate removal of any accumulation of	76963
scrap tires.	76964

Upon the written request of the recipient of an order issued	76965
under this division, the director may extend the time for	76966
compliance with the order if the request demonstrates that the	76967
recipient has acted in good faith to comply with the order. If the	76968
recipient of an order issued under this division fails to comply	76969
with the order within one hundred twenty days after the issuance	76970
of the order or, if the time for compliance with the order was so	76971
extended, within that time, the director shall take such actions	76972
as the director considers reasonable and necessary to remove and	76973
properly manage the scrap tires located on the land named in the	76974
order. The director, through employees of the environmental	76975
protection agency or a contractor, may enter upon the land on	76976
which the accumulation of scrap tires is located and remove and	76977
transport them to a scrap tire recovery facility for processing,	76978
to a scrap tire storage facility for storage, or to a scrap tire	76979
monocell or monofill facility for storage or disposal.	76980

The director shall enter into contracts ~~with the owners or~~	76981
~~operators of scrap tire storage, monocell, monofill, or recovery~~	76982
~~facilities~~ for the storage, disposal, or processing of scrap tires	76983
removed through removal operations conducted under this section.	76984
~~In doing so, the director shall give preference to scrap tire~~	76985
~~recovery facilities.~~	76986

If a person to whom a removal order is issued under this	76987
division fails to comply with the order and if the director	76988
performs a removal action under this section, the person to whom	76989
the removal order is issued is liable to the director for the	76990
costs incurred by the director for conducting the removal	76991
operation, storage at a scrap tire storage facility, storage or	76992
disposal at a scrap tire monocell or monofill facility, or	76993
processing of the scrap tires so removed, the transportation of	76994
the scrap tires from the site of the accumulation to the scrap	76995
tire storage, monocell, monofill, or recovery facility where the	76996
scrap tires were stored, disposed of, or processed, and the	76997
administrative and legal expenses incurred by the director in	76998
connection with the removal operation. The director shall keep an	76999
itemized record of those costs. Upon completion of the actions for	77000
which the costs were incurred, the director shall record the costs	77001
at the office of the county recorder of the county in which the	77002
accumulation of scrap tires was located. The costs so recorded	77003
constitute a lien on the property on which the accumulation of	77004
scrap tires was located until discharged. Upon the written request	77005
of the director, the attorney general shall bring a civil action	77006
against the person responsible for the accumulation of the scrap	77007
tires that were the subject of the removal operation to recover	77008
the costs for which the person is liable under this division. Any	77009
money so received or recovered shall be credited to the scrap tire	77010
management fund created in section 3734.82 of the Revised Code.	77011

If, in a civil action brought under this division, an owner	77012
of real property is ordered to pay to the director the costs of a	77013
removal action that removed an accumulation of scrap tires from	77014
the person's land or if a lien is placed on the person's land for	77015
the costs of such a removal action, and, in either case, if the	77016
landowner was not the person responsible for causing the	77017
accumulation of scrap tires so removed, the landowner may bring a	77018
civil action against the person who was responsible for causing	77019
the accumulation to recover the amount of the removal costs that	77020
the court ordered the landowner to pay to the director or the	77021
amount of the removal costs certified to the county recorder as a	77022
lien on the landowner's property, whichever is applicable. If the	77023
landowner prevails in the civil action against the person who was	77024
responsible for causing the accumulation of scrap tires, the	77025
court, as it considers appropriate, may award to the landowner the	77026
reasonable attorney's fees incurred by the landowner for bringing	77027
the action, court costs, and other reasonable expenses incurred by	77028
the landowner in connection with the civil action. A landowner	77029
shall bring such a civil action within two years after making the	77030
final payment of the removal costs to the director pursuant to the	77031
judgment rendered against the landowner in the civil action	77032
brought under this division upon the director's request or within	77033
two years after the director certified the costs of the removal	77034
action to the county recorder, as appropriate. A person who, at	77035
the time that a removal action was conducted under this division,	77036
owned the land on which the removal action was performed may bring	77037
an action under this division to recover the costs of the removal	77038
action from the person responsible for causing the accumulation of	77039
scrap tires so removed regardless of whether the person owns the	77040
land at the time of bringing the action.	77041

Subject to the limitations set forth in division (G) of	77042
section 3734.82 of the Revised Code, the director may use moneys	77043
in the scrap tire management fund for conducting removal actions	77044
under this division. Any moneys recovered under this division	77045
shall be credited to the scrap tire management fund.	77046

(B) The director shall initiate enforcement and removal	77047
actions under division (A) of this section in accordance with the	77048
following descending listing of priorities:	77049

(1) Accumulations of scrap tires that the director finds	77050
constitute a fire hazard or threat to public health;	77051

(2) Accumulations of scrap tires determined by the director	77052
to contain more than one million scrap tires;	77053

(3) Accumulations of scrap tires in densely populated areas;

77054

(4) Other accumulations of scrap tires that the director or	77055
board of health of the health district in which the accumulation	77056
is located determines constitute a public nuisance;	77057

(5) Any other accumulations of scrap tires present on	77058
premises operating without a valid license issued under section	77059
3734.05 or 3734.81 of the Revised Code.	77060

(C) The director shall not take enforcement and removal	77061
actions under division (A) of this section against the owner or	77062
operator of, or the owner of the land on which is located, any of	77063
the following:	77064

(1) A premises where not more than one hundred scrap tires	77065
are present at any time;	77066

(2) The premises of a business engaging in the sale of tires	77067
at retail that meets either of the following criteria:	77068

(a) Not more than one thousand scrap tires are present on the	77069
premises at any time in an unsecured, uncovered outdoor location.	77070

(b) Any number of scrap tires are secured in a building or a	77071
covered, enclosed container, trailer, or installation.	77072

(3) The premises of a tire retreading business, a tire	77073
manufacturing finishing center, or a tire adjustment center on	77074
which is located a single, covered scrap tire storage area where	77075
not more than four thousand scrap tires are stored;	77076

(4) The premises of a business that removes tires from motor	77077
vehicles in the ordinary course of business and on which is	77078
located a single scrap tire storage area that occupies not more	77079
than twenty-five hundred square feet;	77080

(5) A solid waste facility licensed under section 3734.05 of	77081
the Revised Code that stores scrap tires on the surface of the	77082
ground if the total land area on which scrap tires are actually	77083
stored does not exceed ten thousand square feet;	77084

(6) A premises where not more than two hundred fifty scrap	77085
tires are stored or kept for agricultural use;	77086

(7) A construction site where scrap tires are stored for use	77087
or used in road resurfacing or the construction of embankments;	77088

(8) A scrap tire collection, storage, monocell, monofill, or	77089
recovery facility licensed under section 3734.81 of the Revised	77090
Code;	77091

(9) A solid waste incineration or energy recovery facility	77092
that is subject to regulation under this chapter and that burns	77093
scrap tires;	77094

(10) A premises where scrap tires are beneficially used and	77095
for which the notice required by rules adopted under section	77096
3734.84 of the Revised Code has been given;	77097

(11) A transporter registered under section 3734.83 of the	77098
Revised Code that collects and holds scrap tires in a covered	77099
trailer or vehicle for not longer than thirty days prior to	77100
transporting them to their final destination.	77101

(D) Nothing in this section restricts any right any person	77102
may have under statute or common law to enforce or seek	77103
enforcement of any law applicable to the management of scrap	77104
tires, abate a nuisance, or seek any other appropriate relief.	77105

(E) An owner of real property upon which there is located an	77106
accumulation of not more than two thousand scrap tires is not	77107
liable under division (A) of this section for the cost of the	77108
removal of the scrap tires, and no lien shall attach to the	77109
property under this section, if all of the following conditions	77110
are met:	77111

(1) The tires were placed on the property after the owner	77112
acquired title to the property, or the tires were placed on the	77113
property before the owner acquired title to the property and the	77114
owner acquired title to the property by bequest or devise.	77115

(2) The owner of the property did not have knowledge that the	77116
tires were being placed on the property, or the owner posted on	77117
the property signs prohibiting dumping or took other action to	77118
prevent the placing of tires on the property.	77119

(3) The owner of the property did not participate in or	77120
consent to the placing of the tires on the property.	77121

(4) The owner of the property received no financial benefit	77122
from the placing of the tires on the property or otherwise having	77123
the tires on the property.	77124

(5) Title to the property was not transferred to the owner	77125
for the purpose of evading liability under division (A) of this	77126
section.	77127

(6) The person responsible for placing the tires on the	77128
property, in doing so, was not acting as an agent for the owner of	77129
the property.	77130

Sec. 3734.901. (A)(1) For the purpose of providing revenue	77131
to defray the cost of administering and enforcing the scrap tire	77132
provisions of this chapter, rules adopted under those provisions,	77133
and terms and conditions of orders, variances, and licenses issued	77134
under those provisions; to abate accumulations of scrap tires; to	77135
make grants supporting market development activities for scrap	77136
tires and synthetic rubber from tire manufacturing processes and	77137
tire recycling processes and to support scrap tire amnesty and	77138
cleanup events; to make loans to promote the recycling or recovery	77139
of energy from scrap tires; and to defray the costs of	77140
administering and enforcing sections 3734.90 to 3734.9014 of the	77141
Revised Code, a fee of fifty cents per tire is hereby levied on	77142
the sale of tires. The proceeds of the fee shall be deposited in	77143
the state treasury to the credit of the scrap tire management fund	77144
created in section 3734.82 of the Revised Code. The fee is levied	77145
from the first day of the calendar month that begins next after	77146
thirty days from October 29, 1993, through June 30, ~~2011~~2013.	77147

(2) Beginning on ~~September 5, 2001~~July 1, 2011, and ending	77148
on June 30, ~~2011~~2013, there is hereby levied an additional fee	77149
of fifty cents per tire on the sale of tires the proceeds of which	77150
shall be deposited in the state treasury to the credit of the	77151
~~scrap tire management fund and be used exclusively for the~~	77152
~~purposes specified in division (G)(3) of that section until July~~	77153
~~1, 2010, whereupon the proceeds shall be deposited in the state~~	77154
~~treasury to the credit of the~~ soil and water conservation district	77155
assistance fund created in section 1515.14 of the Revised Code.	77156

(B) Only one sale of the same article shall be used in	77157
computing the amount of the fee due.	77158

Sec. 3735.36. When a metropolitan housing authority has	77159
acquired the property necessary for any project, it shall proceed	77160
to make plans and specifications for carrying out such project,	77161
and shall advertise for bids for all work ~~which~~that it desires to	77162
have done by contract, such advertisements to be published as	77163
provided in section 7.16 of the Revised Code or once a week for	77164
two consecutive weeks in a newspaper of general circulation in the	77165
political subdivision in which the project is to be developed. The	77166
contract shall be awarded to the lowest and best bidder.	77167

Sec. 3735.66. The legislative authorities of municipal	77168
corporations and counties may survey the housing within their	77169
jurisdictions and, after the survey, may adopt resolutions	77170
describing the boundaries of community reinvestment areas which	77171
contain the conditions required for the finding under division (B)	77172
of section 3735.65 of the Revised Code. The findings resulting	77173
from the survey shall be incorporated in the resolution describing	77174
the boundaries of an area. The legislative authority may stipulate	77175
in the resolution that only new structures or remodeling	77176
classified as to use as commercial, industrial, or residential, or	77177
some combination thereof, and otherwise satisfying the	77178
requirements of section 3735.67 of the Revised Code are eligible	77179
for exemption from taxation under that section. If the resolution	77180
does not include such a stipulation, all new structures and	77181
remodeling satisfying the requirements of section 3735.67 of the	77182
Revised Code are eligible for exemption from taxation regardless	77183
of classification. Whether or not the resolution includes such a	77184
stipulation, the classification of the structures or remodeling	77185
eligible for exemption in the area shall at all times be	77186
consistent with zoning restrictions applicable to the area. For	77187
the purposes of sections 3735.65 to 3735.70 of the Revised Code,	77188
whether a structure or remodeling composed of multiple units is	77189
classified as commercial or residential shall be determined by	77190
resolution or ordinance of the legislative authority or, in the	77191
absence of such a determination, by the classification of the use	77192
of the structure or remodeling under the applicable zoning	77193
regulations.	77194

If construction or remodeling classified as residential is	77195
eligible for exemption from taxation, the resolution shall specify	77196
a percentage, not to exceed one hundred per cent, of the assessed	77197
valuation of such property to be exempted. The percentage	77198
specified shall apply to all residential construction or	77199
remodeling for which exemption is granted.	77200

The resolution adopted pursuant to this section shall be	77201
published in a newspaper of general circulation in the municipal	77202
corporation, if the resolution is adopted by the legislative	77203
authority of a municipal corporation, or in a newspaper of general	77204
circulation in the county, if the resolution is adopted by the	77205
legislative authority of the county, once a week for two	77206
consecutive weeks or as provided in section 7.16 of the Revised	77207
Code, immediately following its adoption.	77208

Each legislative authority adopting a resolution pursuant to	77209
this section shall designate a housing officer. In addition, each	77210
such legislative authority, not later than fifteen days after the	77211
adoption of the resolution, shall petition the director of	77212
development for the director to confirm the findings described in	77213
the resolution. The petition shall be accompanied by a copy of the	77214
resolution and by a map of the community reinvestment area in	77215
sufficient detail to denote the specific boundaries of the area	77216
and to indicate zoning restrictions applicable to the area. The	77217
director shall determine whether the findings contained in the	77218
resolution are valid, and whether the classification of structures	77219
or remodeling eligible for exemption under the resolution is	77220
consistent with zoning restrictions applicable to the area as	77221
indicated on the map. Within thirty days of receiving the	77222
petition, the director shall forward the director's determination	77223
to the legislative authority. The legislative authority or housing	77224
officer shall not grant any exemption from taxation under section	77225
3735.67 of the Revised Code until the director forwards the	77226
director's determination to the legislative authority. The	77227
director shall assign to each community reinvestment area a unique	77228
designation by which the area shall be identified for purposes of	77229
sections 3735.65 to 3735.70 of the Revised Code.	77230

If zoning restrictions in any part of a community	77231
reinvestment area are changed at any time after the legislative	77232
authority petitions the director under this section, the	77233
legislative authority shall notify the director and shall submit a	77234
map of the area indicating the new zoning restrictions in the	77235
area.	77236

Sec. 3737.73. (A) No principal or person in charge of a	77237
public or private school or educational institution having an	77238
average daily attendance of twenty or more pupils, and no person	77239
in charge of any children's home or orphanage housing twenty or	77240
more minor persons, shall willfully neglect to instruct and train	77241
such children by means of drills or rapid dismissals, so that such	77242
children in a sudden emergency may leave the building in the	77243
shortest possible time without confusion. The principal or person	77244
in charge of a school or educational institution shall conduct	77245
drills or rapid dismissals at least nine times during the school	77246
year, which shall be at the times and frequency prescribed in	77247
rules adopted by the fire marshal. However, no drill or rapid	77248
dismissal under this division need be conducted in any month that	77249
a school safety drill required under division (D) of this section	77250
is conducted as long as a total of nine drills or rapid dismissals	77251
under this division are conducted in the school year. The	77252
principal or person in charge of a children's home or orphanage	77253
shall conduct drills or rapid dismissals at least once each month	77254
while the home is in operation. In the case of schools, no	77255
principal or person in charge of a school shall willfully neglect	77256
to keep the doors and exits of such building unlocked during	77257
school hours. The fire marshal may order the immediate	77258
installation of necessary fire gongs or signals in such schools,	77259
institutions, or children's homes and enforce this division and	77260
divisions (B) and (C)(3) of this section.	77261

(B) In conjunction with the drills or rapid dismissals	77262
required by division (A) of this section, principals or persons in	77263
charge of public or private primary and secondary schools, or	77264
educational institutions, shall instruct pupils in safety	77265
precautions to be taken in case of a tornado alert or warning.	77266
Such principals or persons in charge of such schools or	77267
institutions shall designate, in accordance with standards	77268
prescribed by the fire marshal, appropriate locations to be used	77269
to shelter pupils in case of a tornado, tornado alert, or warning.	77270

(C)(1) The fire marshal or the fire marshal's designee shall	77271
annually inspect each school, institution, home, or orphanage	77272
subject to division (A) of this section to determine compliance	77273
with that division, and each school or institution subject to	77274
division (B) of this section to ascertain whether the locations	77275
comply with the standards prescribed under that division. Nothing	77276
in this section shall require a school or institution to construct	77277
or improve a facility or location for use as a shelter area.	77278

(2) The fire marshal or the fire marshal's designee shall	77279
issue a warning to any person found in violation of division (A)	77280
or (B) of this section. The warning shall indicate the specific	77281
violation and a date by which such violation shall be corrected.	77282

(3) No person shall fail to correct violations by the date	77283
indicated on a warning issued under division (C)(2) of this	77284
section.	77285

(D)(1) On or before April 1, 2007, and on or before each	77286
first day of December thereafter, the principal or person in	77287
charge of each public or private school or educational institution	77288
shall conduct a school safety drill to provide pupils with	77289
instruction in the procedures to follow in situations where pupils	77290
must be secured in the school building, such as a threat to the	77291
school involving an act of terrorism; a person possessing a deadly	77292
weapon or dangerous ordnance, as defined in section 2923.11 of the	77293
Revised Code, on school property; or other act of violence.	77294

(2)(a) The principal or person in charge of each public or	77295
private school or educational institution shall provide to the	77296
police chief or other similar chief law enforcement officer of the	77297
municipal corporation, township, or township or joint police	77298
district in which the school or institution is located, or, in	77299
absence of any such person, the county sheriff of the county in	77300
which the school or institution is located advance written notice	77301
of each school safety drill required under division (D)(1) of this	77302
section and shall keep a written record of the date and time of	77303
each drill conducted. The advance notice shall be provided not	77304
later than seventy-two hours prior to the date the drill will be	77305
conducted and shall include the date and time the drill will be	77306
conducted and the address of the school or educational	77307
institution. The notice shall be provided by mail, facsimile, or	77308
electronic submission.	77309

(b) Not later than April 5, 2007, and not later than the	77310
fifth day of December each year thereafter, the principal or	77311
person in charge of each public or private school or educational	77312
institution shall provide written certification by mail of the	77313
date and time each school safety drill required under division	77314
(D)(1) of this section was conducted to the police chief or other	77315
similar chief law enforcement officer of the municipal	77316
corporation, township, or township or joint police district in	77317
which the school or institution is located, or, in the absence of	77318
any such person, the county sheriff of the county in which the	77319
school or institution is located. If such certification is not	77320
provided, the principal or person in charge of the school or	77321
institution shall be considered to have failed to conduct the	77322
drill and shall be subject to division (D)(4) of this section.	77323

(3) The principal or person in charge of each public or	77324
private school or educational institution shall hold annual	77325
training sessions for employees of the school or institution	77326
regarding the conduct of school safety drills.	77327

(4) The police chief or other similar chief law enforcement	77328
officer of a municipal corporation, township, or township or joint	77329
police district, or, in the absence of any such person, the county	77330
sheriff shall issue a warning to any person found in violation of	77331
division (D)(1) of this section. Each warning issued for a	77332
violation of division (D)(1) of this section shall require the	77333
principal or person in charge of the school or institution to	77334
correct the violation by conducting the school safety drill not	77335
later than the thirtieth day after the date the warning is issued.	77336
The violation shall not be considered corrected unless, not later	77337
than forty days after the date the warning is issued, the	77338
principal or person in charge of the school or institution	77339
provides written certification of the date and time the drill was	77340
conducted to the police chief or other similar chief law	77341
enforcement officer or county sheriff who issued the warning.	77342

(5) No person shall fail to correct violations by the date	77343
indicated on a warning issued under division (D)(4) of this	77344
section.	77345

Sec. 3737.83. The fire marshal shall, as part of the state	77346
fire code, adopt rules to:	77347

(A) Establish minimum standards of performance for fire	77348
protection equipment and fire fighting equipment;	77349

(B) Establish minimum standards of training, fix minimum	77350
qualifications, and require certificates for all persons who	77351
engage in the business for profit of installing, testing,	77352
repairing, or maintaining fire protection equipment;	77353

(C) Provide for the issuance of certificates required under	77354
division (B) of this section and establish the fees to be charged	77355
for such certificates. A certificate shall be granted, renewed, or	77356
revoked according to rules the fire marshal shall adopt.	77357

(D) Establish minimum standards of flammability for consumer	77358
goods in any case where the federal government or any department	77359
or agency thereof has established, or may from time to time	77360
establish standards of flammability for consumer goods. The	77361
standards established by the fire marshal shall be identical to	77362
the minimum federal standards.	77363

In any case where the federal government or any department or	77364
agency thereof, establishes standards of flammability for consumer	77365
goods subsequent to the adoption of a flammability standard by the	77366
fire marshal, standards previously adopted by the fire marshal	77367
shall not continue in effect to the extent such standards are not	77368
identical to the minimum federal standards.	77369

With respect to the adoption of minimum standards of	77370
flammability, this division shall supersede any authority granted	77371
a political subdivision by any other section of the Revised Code.	77372

(E) Establish minimum standards pursuant to section 5104.05	77373
of the Revised Code for fire prevention and fire safety in child	77374
day-care centers and in type A family day-care homes, as defined	77375
in section 5104.01 of the Revised Code.	77376

(F) Establish minimum standards for fire prevention and	77377
safety an adult group home seeking licensure as an adult care	77378
facility must meet under section ~~3722.02~~5119.71 of the Revised	77379
Code. The fire marshal shall adopt the rules under this division	77380
in consultation with the directors of mental health and aging and	77381
interested parties designated by the directors of mental health	77382
and aging.	77383

Sec. 3737.841. As used in this section and section 3737.842	77384
of the Revised Code:	77385

(A) "Public occupancy" means all of the following:

77386

(1) Any state correctional institution as defined in section	77387
2967.01 of the Revised Code and any county, multicounty,	77388
municipal, or municipal-county jail or workhouse;	77389

(2) Any hospital as defined in section 3727.01 of the Revised	77390
Code, any hospital licensed by the department of mental health	77391
under section 5119.20 of the Revised Code, and any institution,	77392
hospital, or other place established, controlled, or supervised by	77393
the department of mental health under Chapter 5119. of the Revised	77394
Code;	77395

(3) Any nursing home, residential care facility, or home for	77396
the aging as defined in section 3721.01 of the Revised Code and	77397
any adult care facility as defined in section ~~3722.01~~5119.70 of	77398
the Revised Code;	77399

(4) Any child day-care center and any type A family day-care	77400
home as defined in section 5104.01 of the Revised Code;	77401

(5) Any public auditorium or stadium;

77402

(6) Public assembly areas of hotels and motels containing	77403
more than ten articles of seating furniture.	77404

(B) "Sell" includes sell, offer or expose for sale, barter,	77405
trade, deliver, give away, rent, consign, lease, possess for sale,	77406
or dispose of in any other commercial manner.	77407

(C) Except as provided in division (D) of this section,	77408
"seating furniture" means any article of furniture, including	77409
children's furniture, that can be used as a support for an	77410
individual, or ~~his~~an individual's limbs or feet, when sitting or	77411
resting in an upright or reclining position and that either:	77412

(1) Is made with loose or attached cushions or pillows;

77413

(2) Is stuffed or filled in whole or in part with any filling	77414
material;	77415

(3) Is or can be stuffed or filled in whole or in part with	77416
any substance or material, concealed by fabric or any other	77417
covering.	77418

"Seating furniture" includes the cushions or pillows	77419
belonging to or forming a part of the furniture, the structural	77420
unit, and the filling material and its container or covering.	77421

(D) "Seating furniture" does not include, except if intended	77422
for use by children or in facilities designed for the care or	77423
treatment of humans, any of the following:	77424

(1) Cushions or pads intended solely for outdoor use;

77425

(2) Any article with a smooth surface that contains no more	77426
than one-half inch of filling material, if that article does not	77427
have an upholstered horizontal surface meeting an upholstered	77428
vertical surface;	77429

(3) Any article manufactured solely for recreational use or	77430
physical fitness purposes, including weight-lifting benches,	77431
gymnasium mats or pads, and sidehorses.	77432

(E) "Filling material" means cotton, wool, kapok, feathers,	77433
down, hair, liquid, or any other natural or ~~manmade~~artificial	77434
material or substance that is used or can be used as stuffing in	77435
seating furniture.	77436

Sec. 3737.87. As used in sections 3737.87 to 3737.98 of the	77437
Revised Code:	77438

(A) "Accidental release" means any sudden or nonsudden	77439
release of petroleum that was neither expected nor intended by the	77440
owner or operator of the applicable underground storage tank	77441
system and that results in the need for corrective action or	77442
compensation for bodily injury or property damage.	77443

(B) "Corrective action" means any action necessary to protect	77444
human health and the environment in the event of a release of	77445
petroleum into the environment, including, without limitation, any	77446
action necessary to monitor, assess, and evaluate the release. In	77447
the instance of a suspected release, ~~the term~~"corrective action"	77448
includes, without limitation, an investigation to confirm or	77449
disprove the occurrence of the release. In the instance of a	77450
confirmed release, ~~the term~~"corrective action" includes, without	77451
limitation, the initial corrective action taken under section	77452
3737.88 or 3737.882 of the Revised Code and rules adopted or	77453
orders issued under those sections and any action taken consistent	77454
with a remedial action to clean up contaminated ground water,	77455
surface water, soils, and subsurface material and to address the	77456
residual effects of a release after the initial corrective action	77457
is taken.	77458

(C) "Eligible lending institution" means a financial	77459
institution that is eligible to make commercial loans, is a public	77460
depository of state funds under section 135.03 of the Revised	77461
Code, and agrees to participate in the petroleum underground	77462
storage tank linked deposit program provided for in sections	77463
3737.95 to 3737.98 of the Revised Code.	77464

(D) "Eligible owner" means any person that owns six or fewer	77465
petroleum underground storage tanks comprising a petroleum	77466
underground storage tank or underground storage tank system.	77467

(E) "Installer" means a person who supervises the	77468
installation of, performance of major repairs on site to,	77469
abandonment of, or removal of underground storage tank systems.	77470

(F) "Major repair" means the restoration of a tank or an	77471
underground storage tank system component that has caused a	77472
release of a product from the underground storage tank system, the	77473
upgrading of a tank or an underground storage tank system	77474
component, or the modification of a tank or an underground storage	77475
tank system component. "Major repair" does not include routine	77476
maintenance for normal operational upkeep to prevent an	77477
underground storage tank system from releasing a product.	77478

(G) "Operator" means the person in daily control of, or	77479
having responsibility for the daily operation of, an underground	77480
storage tank system.	77481

(H) "Owner" means:

77482

(1) In the instance of an underground storage tank system in	77483
use on November 8, 1984, or brought into use after that date, the	77484
person who owns the underground storage tank system;	77485

(2) In the instance of an underground storage tank system in	77486
use before November 8, 1984, that was no longer in use on that	77487
date, the person who owned the underground storage tank system	77488
immediately before the discontinuation of its use.	77489

~~The term~~"Owner" includes any person who holds, or, in the	77490
instance of an underground storage tank system in use before	77491
November 8, 1984, but no longer in use on that date, any person	77492
who held immediately before the discontinuation of its use, a	77493
legal, equitable, or possessory interest of any kind in an	77494
underground storage tank system or in the property on which the	77495
underground storage tank system is located, including, without	77496
limitation, a trust, vendor, vendee, lessor, or lessee. ~~The term~~	77497
"Owner" does not include any person who, without participating in	77498
the management of an underground storage tank system and without	77499
otherwise being engaged in petroleum production, refining, or	77500
marketing, holds indicia of ownership in an underground storage	77501
tank system primarily to protect the person's security interest in	77502
it.	77503

(I) "Person," in addition to the meaning in section 3737.01	77504
of the Revised Code, means the United States and any department,	77505
agency, or instrumentality thereof.	77506

(J) "Petroleum" means petroleum, including crude oil or any	77507
fraction thereof, that is a liquid at the temperature of sixty	77508
degrees Fahrenheit and the pressure of fourteen and seven-tenths	77509
pounds per square inch absolute. ~~The term~~"Petroleum" includes,	77510
without limitation, motor fuels, jet fuels, distillate fuel oils,	77511
residual fuel oils, lubricants, petroleum solvents, and used oils.	77512

(K) "Petroleum underground storage tank linked deposit" means	77513
a certificate of deposit placed by the treasurer of state with an	77514
eligible lending institution pursuant to sections 3737.95 to	77515
3737.98 of the Revised Code.	77516

(L) "Regulated substance" means petroleum or any substance	77517
identified or listed as a hazardous substance in rules adopted	77518
under division (D) of section 3737.88 of the Revised Code.	77519

(M) "Release" means any spilling, leaking, emitting,	77520
discharging, escaping, leaching, or disposing of from an	77521
underground storage tank system into ground or surface water or	77522
subsurface soils or otherwise into the environment.	77523

(N) Notwithstanding division (F) of section 3737.01 of the	77524
Revised Code, "responsible person" means the person who is the	77525
owner or operator of an underground storage tank system.	77526

(O) "Tank" means a stationary device designed to contain an	77527
accumulation of regulated substances that is constructed of	77528
~~manmade~~manufactured materials.	77529

(P) "Underground storage tank" means one or any combination	77530
of tanks, including the underground pipes connected thereto, that	77531
are used to contain an accumulation of regulated substances the	77532
volume of which, including the volume of the underground pipes	77533
connected thereto, is ten per cent or more beneath the surface of	77534
the ground.	77535

~~The term~~"Underground storage tank" does not include any of	77536
the following or any pipes connected to any of the following:	77537

(1) Pipeline facilities, including gathering lines, regulated	77538
under the "Natural Gas Pipeline Safety Act of 1968," 82 Stat. 720,	77539
49 U.S.C.A. 1671, as amended, or the "Hazardous Liquid Pipeline	77540
Safety Act of 1979," 93 Stat. 1003, 49 U.S.C.A. 2001, as amended;	77541

(2) Farm or residential tanks of one thousand one hundred	77542
gallons or less capacity used for storing motor fuel for	77543
noncommercial purposes;	77544

(3) Tanks used for storing heating fuel for consumptive use	77545
on the premises where stored;	77546

(4) Surface impoundments, pits, ponds, or lagoons;

77547

(5) Storm or waste water collection systems;

77548

(6) Flow-through process tanks;

77549

(7) Storage tanks located in underground areas, including,	77550
without limitation, basements, cellars, mine workings, drifts,	77551
shafts, or tunnels, when the tanks are located on or above the	77552
surface of the floor;	77553

(8) Septic tanks;

77554

(9) Liquid traps or associated gathering lines directly	77555
related to oil or gas production and gathering operations.	77556

(Q) "Underground storage tank system" means an underground	77557
storage tank and the connected underground piping, underground	77558
ancillary equipment, and containment system, if any.	77559

(R) "Revenues" means all fees, premiums, and charges paid by	77560
owners and operators of petroleum underground storage tanks to the	77561
petroleum underground storage tank release compensation board	77562
created in section 3737.90 of the Revised Code; proceeds received	77563
by the board from any insurance, condemnation, or guaranty; the	77564
proceeds of petroleum underground storage tank revenue bonds; and	77565
the income and profits from the investment of any such revenues.	77566

(S) "Revenue bonds," unless the context indicates a different	77567
meaning or intent, means petroleum underground storage tank	77568
revenue bonds and petroleum underground storage tank revenue	77569
refunding bonds that are issued by the petroleum underground	77570
storage tank release compensation board pursuant to sections	77571
3737.90 to 3737.948 of the Revised Code.	77572

(T) "Class C release" means a release of petroleum occurring	77573
or identified from an underground storage tank system subject to	77574
sections 3737.87 to 3737.89 of the Revised Code for which the	77575
responsible person for the release is specifically determined by	77576
the fire marshal not to be a viable person capable of undertaking	77577
or completing the corrective actions required under those sections	77578
for the release. "Class C release" also includes any release	77579
designated as a "class C release" in accordance with rules adopted	77580
under section 3737.88 of the Revised Code.	77581

Sec. 3737.88. (A)(1) The fire marshal shall have	77582
responsibility for implementation of the underground storage tank	77583
program and corrective action program for releases of petroleum	77584
from underground ~~petroleum~~ storage tanks established by the	77585
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2795,	77586
42 U.S.C.A. 6901, as amended. To implement the ~~program~~programs,	77587
the fire marshal may adopt, amend, and rescind such rules, conduct	77588
such inspections, require annual registration of underground	77589
storage tanks, issue such citations and orders to enforce those	77590
rules, enter into environmental covenants in accordance with	77591
sections 5301.80 to 5301.92 of the Revised Code, and perform such	77592
other duties, as are consistent with those programs. The fire	77593
marshal, by rule, may delegate the authority to conduct	77594
inspections of underground storage tanks to certified fire safety	77595
inspectors.	77596

(2) In the place of any rules regarding release containment	77597
and release detection for underground storage tanks adopted under	77598
division (A)(1) of this section, the fire marshal, by rule, shall	77599
designate areas as being sensitive for the protection of human	77600
health and the environment and adopt alternative rules regarding	77601
release containment and release detection methods for new and	77602
upgraded underground storage tank systems located in those areas.	77603
In designating such areas, the fire marshal shall take into	77604
consideration such factors as soil conditions, hydrogeology, water	77605
use, and the location of public and private water supplies. Not	77606
later than July 11, 1990, the fire marshal shall file the rules	77607
required under this division with the secretary of state, director	77608
of the legislative service commission, and joint committee on	77609
agency rule review in accordance with divisions (B) and (H) of	77610
section 119.03 of the Revised Code.	77611

(3) Notwithstanding sections 3737.87 to 3737.89 of the	77612
Revised Code, a person who is not a responsible person may conduct	77613
a voluntary action in accordance with Chapter 3746. of the Revised	77614
Code and rules adopted under it for a class C release. The	77615
director of environmental protection, pursuant to section 3746.12	77616
of the Revised Code, may issue a covenant not to sue to any person	77617
who properly completes a voluntary action with respect to a class	77618
C release in accordance with Chapter 3746. of the Revised Code and	77619
rules adopted under it.	77620

(B) Before adopting any rule under this section or section	77621
3737.881 or 3737.882 of the Revised Code, the fire marshal shall	77622
file written notice of the proposed rule with the chairperson of	77623
the state fire commission, and, within sixty days after notice is	77624
filed, the commission may file responses to or comments on and may	77625
recommend alternative or supplementary rules to the fire marshal.	77626
At the end of the sixty-day period or upon the filing of	77627
responses, comments, or recommendations by the commission, the	77628
fire marshal may adopt the rule filed with the commission or any	77629
alternative or supplementary rule recommended by the commission.	77630

(C) The fire commission may recommend courses of action to be	77631
taken by the fire marshal in carrying out the fire marshal's	77632
duties under this section. The commission shall file its	77633
recommendations in the office of the fire marshal, and, within	77634
sixty days after the recommendations are filed, the fire marshal	77635
shall file with the chairperson of the commission comments on, and	77636
proposed action in response to, the recommendations.	77637

(D) For the purpose of sections 3737.87 to 3737.89 of the	77638
Revised Code, the fire marshal shall adopt, and may amend and	77639
rescind, rules identifying or listing hazardous substances. The	77640
rules shall be consistent with and equivalent in scope, coverage,	77641
and content to regulations identifying or listing hazardous	77642
substances adopted under the "Comprehensive Environmental	77643
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	77644
42 U.S.C.A. 9602, as amended, except that the fire marshal shall	77645
not identify or list as a hazardous substance any hazardous waste	77646
identified or listed in rules adopted under division (A) of	77647
section 3734.12 of the Revised Code.	77648

(E) ~~Notwithstanding any provision of the laws of this state~~	77649
~~to the contrary~~Except as provided in division (A)(3) of this	77650
section, the fire marshal ~~has~~shall have exclusive jurisdiction to	77651
regulate the storage, treatment, and disposal of petroleum	77652
contaminated soil generated from corrective actions undertaken in	77653
response to releases of petroleum from underground storage tank	77654
systems. The fire marshal may adopt, amend, or rescind such rules	77655
as the fire marshal considers to be necessary or appropriate to	77656
regulate the storage, treatment, or disposal of petroleum	77657
contaminated soil so generated.	77658

(F) The fire marshal shall adopt, amend, and rescind rules	77659
under sections 3737.88 to 3737.882 of the Revised Code in	77660
accordance with Chapter 119. of the Revised Code.	77661

Sec. 3743.06. In addition to conforming to the rules of the	77662
fire marshal adopted pursuant to section 3743.05 of the Revised	77663
Code, licensed manufacturers of fireworks shall operate their	77664
fireworks plants in accordance with the following:	77665

(A) Signs indicating that smoking is generally forbidden and	77666
trespassing is prohibited on the premises of a fireworks plant	77667
shall be posted on the premises in a manner determined by the fire	77668
marshal.	77669

(B) Reasonable precautions shall be taken to protect the	77670
premises of a fireworks plant from trespass, loss, theft, or	77671
destruction. Only persons employed by the manufacturer, authorized	77672
governmental personnel, and persons who have obtained permission	77673
from a member of the manufacturer's office to be on the premises,	77674
are to be allowed to enter and remain on the premises.	77675

(C) Smoking or the carrying of pipes, cigarettes, or cigars,	77676
matches, lighters, other flame-producing items, or open flame on,	77677
or the carrying of a concealed source of ignition into, the	77678
premises of a fireworks plant is prohibited, except that a	77679
manufacturer may permit smoking in specified lunchrooms or	77680
restrooms in buildings or other structures in which no	77681
manufacturing, handling, sales, or storage of fireworks takes	77682
place. "NO SMOKING" signs shall be posted on the premises as	77683
required by the fire marshal.	77684

(D) Fire and explosion prevention and other reasonable safety	77685
measures and precautions shall be implemented by a manufacturer.	77686

(E) Persons shall not be permitted to have in their	77687
possession or under their control, while they are on the premises	77688
of the fireworks plant, any intoxicating liquor, beer, or	77689
controlled substance, and they shall not be permitted to enter or	77690
remain on the premises if they are found to be under the influence	77691
of any intoxicating liquor, beer, or controlled substance.	77692

(F) A manufacturer shall conform to all building, safety, and	77693
zoning statutes, ordinances, rules, or other enactments that apply	77694
to the premises of its fireworks plant.	77695

(G) Each fireworks plant shall have at least one class 1	77696
magazine that is approved by the bureau of alcohol, tobacco, and	77697
firearms of the United States department of the treasury and that	77698
is otherwise in conformity with federal law. This division does	77699
not apply to fireworks plants existing on or before August 3,	77700
1931.	77701

(H) Awnings, tents, and canopies shall not be used as	77702
facilities for the sale or storage of fireworks. This division	77703
does not prohibit the use of an awning or canopy attached to a	77704
public access showroom for storing nonflammable shopping	77705
convenience items such as shopping carts or baskets or providing a	77706
shaded area for patrons waiting to enter the public sales area.	77707

(I) Fireworks may be stored in trailers if the trailers are	77708
properly enclosed, secured, and grounded and are separated from	77709
any structure to which the public is admitted by a distance that	77710
will, in the fire marshal's judgment, allow fire-fighting	77711
equipment to have full access to the structures on the licensed	77712
premises. Such trailers may be moved into closer proximity to any	77713
structure only to accept or discharge cargo for a period not to	77714
exceed forty-eight hours. Only two such trailers may be placed in	77715
such closer proximity at any one time. At no time may trailers be	77716
used for conducting sales of any class of fireworks, nor may	77717
members of the public have access to the trailers.	77718

Storage areas for fireworks that are in the same building	77719
where fireworks are displayed and sold to the public shall be	77720
separated from the areas to which the public has access by an	77721
appropriately rated fire wall.	77722

(J) A fire suppression system as defined in section 3781.108	77723
of the Revised Code may be turned off only for repair, drainage of	77724
the system to prevent damage by freezing during the period of	77725
time, approved by the fire marshal, that the facility is closed to	77726
all public access during winter months, or maintenance of the	77727
system. If any repair or maintenance is necessary during times	77728
when the facility is open for public access and business as	77729
approved by the fire marshal, the licensed manufacturer shall	77730
notify in advance the appropriate insurance company and fire chief	77731
or fire prevention officer regarding the nature of the maintenance	77732
or repair and the time when it will be performed.	77733

(K) If any fireworks item is removed from its original	77734
package or is manufactured with any fuse other than a safety fuse	77735
approved by the consumer product safety commission, then the item	77736
shall be covered completely by repackaging or bagging or it shall	77737
otherwise be covered so as to prevent ignition prior to sale.	77738

(L) A safety officer shall be present during regular business	77739
hours at a building open to the public during the period	77740
commencing fourteen days before, and ending two days after, each	77741
fourth day of July. The officer shall be highly visible, enforce	77742
this chapter and any applicable building codes to the extent the	77743
officer is authorized by law, and be one of the following:	77744

(1) A deputy sheriff;

77745

(2) A law enforcement officer of a municipal corporation,	77746
township, or township or joint ~~township~~ police district;	77747

(3) A private uniformed security guard registered under	77748
section 4749.06 of the Revised Code.	77749

(M) All doors of all buildings on the licensed premises shall	77750
swing outward.	77751

(N) All wholesale and commercial sales of fireworks shall be	77752
packaged, shipped, placarded, and transported in accordance with	77753
United States department of transportation regulations applicable	77754
to the transportation, and the offering for transportation, of	77755
hazardous materials. For purposes of this division, "wholesale and	77756
commercial sales" includes all sales for resale and any nonretail	77757
sale made in furtherance of a commercial enterprise. For purposes	77758
of enforcement of these regulations under section 4905.83 of the	77759
Revised Code, any sales transaction exceeding one thousand pounds	77760
shall be rebuttably presumed to be a wholesale or commercial sale.	77761

Sec. 3743.19. In addition to conforming to the rules of the	77762
fire marshal adopted pursuant to section 3743.18 of the Revised	77763
Code, licensed wholesalers of fireworks shall conduct their	77764
business operations in accordance with the following:	77765

(A) A wholesaler shall conduct its business operations from	77766
the location described in its application for licensure or in a	77767
notification submitted under division (B) of section 3743.17 of	77768
the Revised Code.	77769

(B) Signs indicating that smoking is generally forbidden and	77770
trespassing is prohibited on the premises of a wholesaler shall be	77771
posted on the premises as determined by the fire marshal.	77772

(C) Reasonable precautions shall be taken to protect the	77773
premises of a wholesaler from trespass, loss, theft, or	77774
destruction.	77775

(D) Smoking or the carrying of pipes, cigarettes, or cigars,	77776
matches, lighters, other flame-producing items, or open flame on,	77777
or the carrying of a concealed source of ignition into, the	77778
premises of a wholesaler is prohibited, except that a wholesaler	77779
may permit smoking in specified lunchrooms or restrooms in	77780
buildings or other structures in which no sales, handling, or	77781
storage of fireworks takes place. "NO SMOKING" signs shall be	77782
posted on the premises as required by the fire marshal.	77783

(E) Fire and explosion prevention and other reasonable safety	77784
measures and precautions shall be implemented by a wholesaler.	77785

(F) Persons shall not be permitted to have in their	77786
possession or under their control, while they are on the premises	77787
of a wholesaler, any intoxicating liquor, beer, or controlled	77788
substance, and they shall not be permitted to enter or remain on	77789
the premises if they are found to be under the influence of any	77790
intoxicating liquor, beer, or controlled substance.	77791

(G) A wholesaler shall conform to all building, safety, and	77792
zoning statutes, ordinances, rules, or other enactments that apply	77793
to its premises.	77794

(H) Each building used in the sale of fireworks shall be kept	77795
open to the public for at least four hours each day between the	77796
hours of eight a.m. and five p.m., five days of each week, every	77797
week of the year. Upon application from a licensed wholesaler, the	77798
fire marshal may waive any of the requirements of this division.	77799

(I) Awnings, tents, or canopies shall not be used as	77800
facilities for the storage or sale of fireworks. This division	77801
does not prohibit the use of an awning or canopy attached to a	77802
public access showroom for storing nonflammable shopping	77803
convenience items such as shopping carts or baskets or providing a	77804
shaded area for patrons waiting to enter the public sales area.	77805

(J) 1.4G fireworks may be stored in trailers if the trailers	77806
are properly enclosed, secured, and grounded and are separated	77807
from any structure to which the public is admitted by a distance	77808
that will, in the fire marshal's judgment, allow fire-fighting	77809
equipment to have full access to the structures on the licensed	77810
premises. Such trailers may be moved into closer proximity to any	77811
structure only to accept or discharge cargo for a period not to	77812
exceed forty-eight hours. Only two such trailers may be placed in	77813
such closer proximity at any one time. At no time may trailers be	77814
used for conducting sales of any class of fireworks nor may	77815
members of the public have access to the trailers.	77816

Storage areas for fireworks that are in the same building	77817
where fireworks are displayed and sold to the public shall be	77818
separated from the areas to which the public has access by an	77819
appropriately rated fire wall. If the licensee installs and	77820
properly maintains an early suppression fast response sprinkler	77821
system or equivalent fire suppression system as described in the	77822
fire code adopted by the fire marshal in accordance with section	77823
3737.82 of the Revised Code throughout the structure, a fire	77824
barrier wall may be substituted for a fire wall between the areas	77825
to which the public has access and the storage portions of the	77826
structure.	77827

(K) A fire suppression system as defined in section 3781.108	77828
of the Revised Code may be turned off only for repair, drainage of	77829
the system to prevent damage by freezing during the period of	77830
time, approved by the fire marshal under division (I) of this	77831
section, that the facility is closed to public access during	77832
winter months, or maintenance of the system. If any repair or	77833
maintenance is necessary during times when the facility is open	77834
for public access and business, the licensed wholesaler shall	77835
notify in advance the appropriate insurance company and fire chief	77836
or fire prevention officer regarding the nature of the maintenance	77837
or repair and the time when it will be performed.	77838

(L) If any fireworks item is removed from its original	77839
package or is manufactured with any fuse other than a fuse	77840
approved by the consumer product safety commission, then the item	77841
shall be covered completely by repackaging or bagging or it shall	77842
otherwise be covered so as to prevent ignition prior to sale.	77843

(M) A safety officer shall be present during regular business	77844
hours at a building open to the public during the period	77845
commencing fourteen days before, and ending two days after, each	77846
fourth day of July. The officer shall be highly visible, enforce	77847
this chapter and any applicable building codes to the extent the	77848
officer is authorized by law, and be one of the following:	77849

(1) A deputy sheriff;

77850

(2) A law enforcement officer of a municipal corporation,	77851
township, or township or joint ~~township~~ police district;	77852

(3) A private uniformed security guard registered under	77853
section 4749.06 of the Revised Code.	77854

(N) All doors of all buildings on the licensed premises shall	77855
swing outward.	77856

(O) All wholesale and commercial sales of fireworks shall be	77857
packaged, shipped, placarded, and transported in accordance with	77858
United States department of transportation regulations applicable	77859
to the transportation, and the offering for transportation, of	77860
hazardous materials. For purposes of this division, "wholesale and	77861
commercial sales" includes all sales for resale and any nonretail	77862
sale made in furtherance of a commercial enterprise. For purposes	77863
of enforcement of these regulations under section 4905.83 of the	77864
Revised Code, any sales transaction exceeding one thousand pounds	77865
shall be rebuttably presumed to be a wholesale or commercial sale.	77866

Sec. 3743.52. (A) The license of an exhibitor of fireworks	77867
is effective for one year from the date of its issuance by the	77868
fire marshal. If an exhibitor of fireworks wishes to continue as	77869
an exhibitor after its then effective license expires, it shall	77870
apply for a new license pursuant to section 3743.50 of the Revised	77871
Code. The fire marshal shall send a written notice of the	77872
expiration of its license to a licensed exhibitor at least two	77873
months before the expiration date.	77874

(B) The license of an exhibitor of fireworks authorizes the	77875
exhibitor to conduct public fireworks exhibitions in this state if	77876
it complies with sections 3743.50 to 3743.55 of the Revised Code	77877
and with the rules adopted by the fire marshal pursuant to section	77878
3743.53 of the Revised Code.	77879

The license is not transferable or assignable, and is subject	77880
to revocation as provided in section 3743.70 or division (D) of	77881
section 3743.99 of the Revised Code or pursuant to Chapter 119. of	77882
the Revised Code if the exhibitor fails to comply with sections	77883
3743.50 to 3743.55 of the Revised Code or the rules adopted by the	77884
fire marshal pursuant to section 3743.53 of the Revised Code.	77885

If the license of an exhibitor is revoked, the exhibitor	77886
shall cease conducting public fireworks exhibitions immediately.	77887
Subject to division (D) of section 3743.99 of the Revised Code,	77888
the exhibitor may not reapply for licensure as an exhibitor of	77889
fireworks until two years expire from the date of revocation. The	77890
fire marshal shall remove from the list of licensed exhibitors the	77891
exhibitor's name, and shall notify fire chiefs, fire prevention	77892
officers, and police chiefs or other similar chief law enforcement	77893
officers of municipal corporations, townships, or township or	77894
joint police districts in this state of the revocation.	77895

(C) Each licensed exhibitor of fireworks or a designee of the	77896
exhibitor, whose identity is provided to the fire marshal by the	77897
exhibitor, shall attend a continuing education program consisting	77898
of not less than six hours of instruction once every three years.	77899
The fire marshal shall develop the program, and the fire marshal	77900
or a person or public agency approved by the fire marshal shall	77901
conduct it. A licensed exhibitor or the exhibitor's designee who	77902
attends a program as required under this division, within one year	77903
after attending the program, and on an annual basis during the	77904
following two years, shall conduct in-service training for other	77905
employees of the licensee regarding the information obtained in	77906
the program. A licensed exhibitor shall provide the fire marshal	77907
with certified proof of full compliance with all applicable annual	77908
training requirements of the United States department of	77909
transportation and of the occupational safety and health	77910
administration. A licensed exhibitor shall provide the fire	77911
marshal with notice of the date, time, and place of all in-service	77912
training not less than thirty days prior to an in-service training	77913
event. An individual exhibitor who has no employees shall not	77914
fulfill continuing education requirements through a designee.	77915

Sec. 3743.53. (A) The fire marshal shall adopt rules in	77916
accordance with Chapter 119. of the Revised Code that establish	77917
qualifications that all applicants for licensure as an exhibitor	77918
of fireworks shall satisfy. These rules shall be designed to	77919
provide a reasonable degree of assurance that individuals	77920
conducting public fireworks exhibitions in this state are	77921
proficient in handling and discharging fireworks, are capable of	77922
handling the responsibilities associated with exhibitions as	77923
prescribed by rule of the fire marshal pursuant to divisions (B)	77924
and (E) of this section or as prescribed by sections 3743.50 to	77925
3743.55 of the Revised Code, and will conduct fireworks	77926
exhibitions in a manner that emphasizes the safety and security of	77927
the public. The rules shall be consistent with sections 3743.50 to	77928
3743.55 of the Revised Code and may include, in addition to other	77929
requirements prescribed by the fire marshal, a requirement that	77930
the applicant for licensure successfully complete a written	77931
examination or otherwise successfully demonstrate its proficiency	77932
in the handling and discharging of fireworks in a safe manner and	77933
its ability to handle the responsibilities associated with	77934
exhibitions.	77935

(B) The fire marshal shall adopt rules in accordance with	77936
Chapter 119. of the Revised Code that govern the nature and	77937
conduct of public fireworks exhibitions by licensed exhibitors of	77938
fireworks. These rules shall be designed to promote the safety and	77939
security of persons viewing a fireworks exhibition, to promote the	77940
safety of persons who, although not viewing an exhibition, could	77941
be affected by fireworks used at it, and to promote the safety and	77942
security of exhibitors and their assistants.	77943

The rules shall be consistent with sections 3743.50 to	77944
3743.55 of the Revised Code; except as otherwise provided in this	77945
section, shall be substantially equivalent to the most recent	77946
versions of chapters 1123, 1124, and 1126 of the most recent	77947
national fire protection association standards; and shall apply	77948
to, but not be limited to, the following subject matters:	77949

(1) The construction of shells used in a fireworks	77950
exhibition;	77951

(2) Except as the storage and securing of fireworks is	77952
addressed by the rules adopted under division (E) of this section,	77953
the storage, securing, and supervision of fireworks pending their	77954
use in, and during the course of, a fireworks exhibition, and	77955
inspections by exhibitors of fireworks to be used in an exhibition	77956
prior to their use. These rules shall regulate, among other	77957
relevant matters, the storage of fireworks in manners that will	77958
effectively eliminate or reduce the likelihood of the fireworks	77959
becoming wet or being exposed to flame, and appropriate distances	77960
between storage sites and the sites at which fireworks will be	77961
discharged.	77962

(3) The installation and nature of mortars used in a	77963
fireworks exhibition, and inspections by exhibitors of mortars	77964
prior to their use;	77965

(4) Minimum distances between storage sites, discharge sites,	77966
spectator viewing sites, parking areas, and potential landing	77967
areas of fireworks, and minimum distances between discharge sites,	77968
potential landing areas, and residential or other types of	77969
buildings or structures;	77970

(5) The nature of discharge sites and potential landing	77971
sites;	77972

(6) Fire protection, the use and location of monitors for	77973
crowd control, the use of fences and rope barriers for crowd	77974
control, illumination, smoking and the use of open flame, and	77975
posting of warning signs concerning smoking or the use of open	77976
flame in connection with fireworks exhibitions. These rules may	77977
provide some authority to local officials in determining adequate	77978
fire protection, and numbers and locations of monitors.	77979

(7) Procedures to be followed in the discharging of	77980
fireworks;	77981

(8) Weather and crowd-related conditions under which	77982
fireworks may and may not be discharged, including circumstances	77983
under which exhibitions should be postponed;	77984

(9) Inspections of premises following a fireworks exhibition	77985
for purposes of locating and disposing of defective or unexploded	77986
fireworks. Inspections shall be required immediately following an	77987
exhibition, and, if an exhibition is conducted at night, also at	77988
sunrise the following morning.	77989

(C) All mortars used in a fireworks exhibition that are	77990
greater than or equal to eight inches in diameter shall be	77991
equipped with electronic ignition equipment in accordance with	77992
chapter 1123 of the most recent edition of the national fire	77993
protection association standards.	77994

(D) Only persons who are employees of licensed exhibitors of	77995
fireworks and who are registered with the fire marshal under	77996
section 3743.56 of the Revised Code shall be permitted within the	77997
discharge perimeter of an exhibition.	77998

(E)(1) The fire marshal shall adopt rules in accordance with	77999
Chapter 119. of the Revised Code and consistent with division	78000
(E)(3) of this section that establish both of the following:	78001

(a) Uniform standards for the stability and securing of	78002
fireworks storage racks used at a fireworks exhibition;	78003

(b) A detailed checklist that a fire chief or fire prevention	78004
officer, in consultation with a police chief or other similar	78005
chief law enforcement officer of a municipal corporation,	78006
township, or township or joint police district or with a designee	78007
of such a police chief or other similar chief law enforcement	78008
officer, shall complete, while conducting the inspection required	78009
under division (C) of section 3743.54 of the Revised Code at the	78010
premises at which a fireworks exhibition will take place, to	78011
ensure that the exhibition will comply with all applicable	78012
requirements of this chapter, and all applicable rules adopted	78013
under this chapter, that regulate the conduct of a fireworks	78014
exhibition.	78015

(2) Each licensed exhibitor of fireworks shall comply with	78016
the rules that the fire marshal adopts under division (E)(1)(a) of	78017
this section.	78018

(3) Prior to the fire marshal's adoption of the rules	78019
referred to in divisions (E)(1)(a) and (b) of this section, the	78020
director of commerce shall appoint a committee consisting of the	78021
fire marshal, three representatives of the fireworks industry, and	78022
three representatives of the fire service industry to assist the	78023
fire marshal in adopting those rules. The fire marshal shall adopt	78024
initial rules under those divisions by not later than May 1, 2001.	78025

(F) A fire chief or fire prevention officer, in consultation	78026
with a police chief or other similar chief law enforcement officer	78027
of a municipal corporation, township, or township or joint police	78028
district or with a designee of such a police chief or other	78029
similar chief law enforcement officer, shall conduct the	78030
inspection referred to in division (E)(1)(b) of this section,	78031
complete the checklist referred to in division (E)(1)(b) of this	78032
section while conducting the inspection, and provide a copy of the	78033
completed checklist to the fire marshal.	78034

(G) A designee, if any, designated by a police chief or other	78035
similar chief law enforcement officer under this section or	78036
section 3743.54 of the Revised Code shall be a law enforcement	78037
officer serving in the same law enforcement agency as the police	78038
chief or other similar chief law enforcement officer.	78039

Sec. 3743.54. (A) A licensed exhibitor of fireworks may	78040
acquire fireworks for use at a public fireworks exhibition only	78041
from a licensed manufacturer of fireworks or licensed wholesaler	78042
of fireworks, and only in accordance with the procedures specified	78043
in this section and section 3743.55 of the Revised Code.	78044

(B)(1) A licensed exhibitor of fireworks who wishes to	78045
conduct a public fireworks exhibition shall apply for approval to	78046
conduct the exhibition to whichever of the following persons is	78047
appropriate under the circumstances:	78048

(a) Unless division (B)(1)(c) or (d) of this section applies,	78049
if the exhibition will take place in a municipal corporation, the	78050
approval shall be obtained from the fire chief, and from the	78051
police chief or other similar chief law enforcement officer, or	78052
the designee of the police chief or similar chief law enforcement	78053
officer, of the particular municipal corporation.	78054

(b) Unless division (B)(1)(c) or (d) of this section applies,	78055
if the exhibition will take place in an unincorporated area, the	78056
approval shall be obtained from the fire chief of the particular	78057
township or township fire district, and from the police chief or	78058
other similar chief law enforcement officer, or the designee of	78059
the police chief or similar chief law enforcement officer, of the	78060
particular township, or township or joint police district.	78061

(c) If fire protection services for the premises on which the	78062
exhibition will take place are provided in accordance with a	78063
contract between political subdivisions, the approval shall be	78064
obtained from the fire chief of the political subdivision	78065
providing the fire protection services and from the police chief	78066
or other similar chief law enforcement officer, or the designee of	78067
the police chief or similar chief law enforcement officer, of the	78068
political subdivision in which the premises on which the	78069
exhibition will take place are located. If police services for the	78070
premises on which the exhibition will take place are provided in	78071
accordance with a contract between political subdivisions, the	78072
approval shall be obtained from the police chief or other similar	78073
chief law enforcement officer, or the designee of the police chief	78074
or similar chief law enforcement officer, of the political	78075
subdivision providing the police services and from the fire chief	78076
of the political subdivision in which the premises on which the	78077
exhibition will take place are located. If both fire and police	78078
protection services for the premises on which the exhibition will	78079
take place are provided in accordance with a contract between	78080
political subdivisions, the approval shall be obtained from the	78081
fire chief, and from the police chief or other similar chief law	78082
enforcement officer, or the designee of the police chief or	78083
similar chief law enforcement officer, of the political	78084
subdivisions providing the police and fire protection services.	78085

(d) If there is no municipal corporation, township, or	78086
township fire district fire department, no municipal corporation,	78087
township, or township or joint police district police department,	78088
and no contract for police or fire protection services between	78089
political subdivisions covering the premises on which the	78090
exhibition will take place, the approval shall be obtained from	78091
the fire prevention officer, and from the police chief or other	78092
similar chief law enforcement officer, or the designee of the	78093
police chief or other similar chief law enforcement officer,	78094
having jurisdiction over the premises.	78095

(2) The approval required by division (B)(1) of this section	78096
shall be evidenced by the fire chief or fire prevention officer	78097
and by the police chief or other similar chief law enforcement	78098
officer, or the designee of the police chief or other similar	78099
chief law enforcement officer, signing a permit for the	78100
exhibition. The fire marshal shall prescribe the form of	78101
exhibition permits and distribute copies of the form to fire	78102
chiefs, to fire prevention officers, and to police chiefs or other	78103
similar chief law enforcement officers of municipal corporations,	78104
townships, or township or joint police districts, or their	78105
designees, in this state. Any exhibitor of fireworks who wishes to	78106
conduct a public fireworks exhibition may obtain a copy of the	78107
form from the fire marshal or, if it is available, from a fire	78108
chief, a fire prevention officer, a police chief or other similar	78109
chief law enforcement officer of a municipal corporation,	78110
township, or township or joint police district, or a designee of	78111
such a police chief or other similar chief law enforcement	78112
officer.	78113

(C) Before a permit is signed and issued to a licensed	78114
exhibitor of fireworks, the fire chief or fire prevention officer,	78115
in consultation with the police chief or other similar chief law	78116
enforcement officer or with the designee of the police chief or	78117
other similar chief law enforcement officer, shall inspect the	78118
premises on which the exhibition will take place and shall	78119
determine that, in fact, the applicant for the permit is a	78120
licensed exhibitor of fireworks. Each applicant shall show the	78121
applicant's license as an exhibitor of fireworks to the fire chief	78122
or fire prevention officer.	78123

The fire chief or fire prevention officer, and the police	78124
chief or other similar chief law enforcement officer, or the	78125
designee of the police chief or other similar chief law	78126
enforcement officer, shall give approval to conduct a public	78127
fireworks exhibition only if satisfied, based on the inspection,	78128
that the premises on which the exhibition will be conducted allow	78129
the exhibitor to comply with the rules adopted by the fire marshal	78130
pursuant to divisions (B) and (E) of section 3743.53 of the	78131
Revised Code and that the applicant is, in fact, a licensed	78132
exhibitor of fireworks. The fire chief or fire prevention officer,	78133
in consultation with the police chief or other similar chief law	78134
enforcement officer or with the designee of the police chief or	78135
other similar chief law enforcement officer, may inspect the	78136
premises immediately prior to the exhibition to determine if the	78137
exhibitor has complied with the rules, and may revoke a permit for	78138
noncompliance with the rules.	78139

(D) If the legislative authorities of their political	78140
subdivisions have prescribed a fee for the issuance of a permit	78141
for a public fireworks exhibition, fire chiefs or fire prevention	78142
officers, and police chiefs, other similar chief law enforcement	78143
officers, or their designee, shall not issue a permit until the	78144
exhibitor pays the requisite fee.	78145

Each exhibitor shall provide an indemnity bond in the amount	78146
of at least one million dollars, with surety satisfactory to the	78147
fire chief or fire prevention officer and to the police chief or	78148
other similar chief law enforcement officer, or the designee of	78149
the police chief or other similar chief law enforcement officer,	78150
conditioned for the payment of all final judgments that may be	78151
rendered against the exhibitor on account of injury, death, or	78152
loss to persons or property emanating from the fireworks	78153
exhibition, or proof of insurance coverage of at least one million	78154
dollars for liability arising from injury, death, or loss to	78155
persons or property emanating from the fireworks exhibition. The	78156
legislative authority of a political subdivision in which a public	78157
fireworks exhibition will take place may require the exhibitor to	78158
provide an indemnity bond or proof of insurance coverage in	78159
amounts greater than those required by this division. Fire chiefs	78160
or fire prevention officers, and police chiefs, other similar	78161
chief law enforcement officers, or their designee, shall not issue	78162
a permit until the exhibitor provides the bond or proof of the	78163
insurance coverage required by this division or by the political	78164
subdivision in which the fireworks exhibition will take place.	78165

(E)(1) Each permit for a fireworks exhibition issued by a	78166
fire chief or fire prevention officer, and by the police chief or	78167
other similar chief law enforcement officer, or the designee of	78168
the police chief or other similar chief law enforcement officer,	78169
shall contain a distinct number, designate the municipal	78170
corporation, township, or township fire or police district, or	78171
joint police district of the fire chief, fire prevention officer,	78172
police chief or other similar chief law enforcement officer, or	78173
designee of the police chief or other similar chief law	78174
enforcement officer, and identify the certified fire safety	78175
inspector, fire chief, or fire prevention officer who will be	78176
present before, during, and after the exhibition, where	78177
appropriate. A copy of each permit issued shall be forwarded by	78178
the fire chief or fire prevention officer, and by the police chief	78179
or other similar chief law enforcement officer, or the designee of	78180
the police chief or other similar chief law enforcement officer,	78181
issuing it to the fire marshal, who shall keep a record of the	78182
permits received. A permit is not transferable or assignable.	78183

(2) Each fire chief, fire prevention officer, police chief or	78184
other similar chief law enforcement officer, and designee of a	78185
police chief or other similar chief law enforcement officer shall	78186
keep a record of issued permits for fireworks exhibitions. In this	78187
list, the fire chief, fire prevention officer, police chief or	78188
other similar chief law enforcement officer, and designee of a	78189
police chief or other similar chief law enforcement officer shall	78190
list the name of the exhibitor, the exhibitor's license number,	78191
the premises on which the exhibition will be conducted, the date	78192
and time of the exhibition, and the number and political	78193
subdivision designation of the permit issued to the exhibitor for	78194
the exhibition.	78195

(F) The governing authority having jurisdiction in the	78196
location where an exhibition is to take place shall require that a	78197
certified fire safety inspector, fire chief, or fire prevention	78198
officer be present before, during, and after the exhibition, and	78199
shall require the certified fire safety inspector, fire chief, or	78200
fire prevention officer to inspect the premises where the	78201
exhibition is to take place and determine whether the exhibition	78202
is in compliance with this chapter.	78203

(G) Notwithstanding any provision of the Revised Code to the	78204
contrary, the state fire marshal is hereby authorized to create	78205
additional license categories for fireworks exhibitors and to	78206
create additional permit requirements for fireworks exhibitions	78207
for the indoor use of fireworks and other uses of pyrotechnics,	78208
including the use of pyrotechnic materials that do not meet the	78209
definition of fireworks as described in section 3743.01 of the	78210
Revised Code. Such licenses and permits and the fees for such	78211
licenses and permits shall be described in rules adopted by the	78212
fire marshal under Chapter 119. of the Revised Code. Such rules	78213
may provide for different standards for exhibitor licensure and	78214
the permitting and conducting of a fireworks exhibition than the	78215
requirements of this chapter.	78216

Prior to the state fire marshal's adoption of the rules	78217
described in this division, the director of commerce shall appoint	78218
a committee consisting of the state fire marshal or the marshal's	78219
designee, three representatives of the fireworks industry, and	78220
three representatives of the fire service to assist the state fire	78221
marshal in adopting these rules. Unless an extension is granted by	78222
the director of commerce, the state fire marshal shall adopt	78223
initial rules under this section not later than July 1, 2010.	78224

Sec. 3743.64. (A) No person shall conduct a fireworks	78225
exhibition in this state or act as an exhibitor of fireworks in	78226
this state unless the person is a licensed exhibitor of fireworks.	78227

(B) No person shall conduct a fireworks exhibition in this	78228
state or act as an exhibitor of fireworks in this state after the	78229
person's license as an exhibitor of fireworks has expired, been	78230
denied renewal, or been revoked, unless a new license has been	78231
obtained.	78232

(C) No licensed exhibitor of fireworks shall fail to comply	78233
with the applicable requirements of the rules adopted by the fire	78234
marshal pursuant to divisions (B) and (E) of section 3743.53 of	78235
the Revised Code or to comply with divisions (C) and (D) of that	78236
section.	78237

(D) No licensed exhibitor of fireworks shall conduct a	78238
fireworks exhibition unless a permit has been secured for the	78239
exhibition pursuant to section 3743.54 of the Revised Code or if a	78240
permit so secured is revoked by a fire chief or fire prevention	78241
officer, in consultation with a police chief or other similar	78242
chief law enforcement officer of a municipal corporation,	78243
township, or township or joint police district or with a designee	78244
of such a police chief or other similar chief law enforcement	78245
officer, pursuant to that section.	78246

(E) No licensed exhibitor of fireworks shall acquire	78247
fireworks for use at a fireworks exhibition other than in	78248
accordance with sections 3743.54 and 3743.55 of the Revised Code.	78249

(F) No licensed exhibitor of fireworks or other person	78250
associated with the conduct of a fireworks exhibition shall have	78251
possession or control of, or be under the influence of, any	78252
intoxicating liquor, beer, or controlled substance while on the	78253
premises on which the exhibition is being conducted.	78254

(G) No licensed exhibitor of fireworks shall permit an	78255
employee to assist the licensed exhibitor in conducting fireworks	78256
exhibitions unless the employee is registered with the fire	78257
marshal under section 3743.56 of the Revised Code.	78258

(H) Except as provided in division (C) of section 3743.541 of	78259
the Revised Code, no person shall knowingly, or knowingly permit	78260
another person to, dismantle, reposition, or otherwise disturb any	78261
fireworks, associated equipment or materials, or other items	78262
within a fireworks incident site, or any evidence related to a	78263
fireworks incident, at any time after that person has reason to	78264
believe a fireworks incident has occurred, before the state fire	78265
marshal, the state fire marshal's designee, a member of the state	78266
fire marshal's staff, or other appropriate state or local law	78267
enforcement authorities permit in accordance with section 3743.541	78268
of the Revised Code the dismantling, repositioning, or other	78269
disturbance of the fireworks, equipment, materials, or items	78270
within the fireworks incident site or of any evidence related to	78271
the fireworks incident.	78272

Sec. 3745.015. There is hereby created in the state treasury	78273
the environmental protection fund consisting of money credited to	78274
the fund under ~~divisions~~division (A)(3) ~~and (4)~~ of section	78275
3734.57 of the Revised Code. The environmental protection agency	78276
shall use money in the fund to pay the agency's costs associated	78277
with administering and enforcing, or otherwise conducting	78278
activities under, this chapter and Chapters 3704., 3734., 3746.,	78279
3747., 3748., 3750., 3751., 3752., 3753., 5709., 6101., 6103.,	78280
6105., 6109., 6111., 6112., 6113., 6115., 6117., and 6119. and	78281
sections 122.65 and 1521.19 of the Revised Code.	78282

Sec. 3745.016. There is hereby created in the state treasury	78283
the federally supported cleanup and response fund consisting of	78284
money credited to the fund from federal grants, gifts, and	78285
contributions to support the investigation and remediation of	78286
contaminated property. The environmental protection agency shall	78287
use money in the fund to support the investigation and remediation	78288
of contaminated property.	78289

Sec. 3745.11. (A) Applicants for and holders of permits,	78290
licenses, variances, plan approvals, and certifications issued by	78291
the director of environmental protection pursuant to Chapters	78292
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	78293
to the environmental protection agency for each such issuance and	78294
each application for an issuance as provided by this section. No	78295
fee shall be charged for any issuance for which no application has	78296
been submitted to the director.	78297

(B) Each person who is issued a permit to install prior to	78298
July 1, 2003, pursuant to rules adopted under division (F) of	78299
section 3704.03 of the Revised Code shall pay the fees specified	78300
in the following schedules:	78301

(1) Fuel-burning equipment (boilers)

78302

Input capacity (maximum)					78303
(million British thermal units per hour)		Permit to install			78304

Greater than 0, but less than 10	$ 200	78305
10 or more, but less than 100	400	78306
100 or more, but less than 300	800	78307
300 or more, but less than 500	1500	78308
500 or more, but less than 1000	2500	78309
1000 or more, but less than 5000	4000	78310
5000 or more	6000	78311

Units burning exclusively natural gas, number two fuel oil,	78312
or both shall be assessed a fee that is one-half of the applicable	78313
amount established in division (F)(1) of this section.	78314

(2) Incinerators

78315

Input capacity (pounds per hour)

Permit to install

78316

0 to 100	$ 100	78317
101 to 500	400	78318
501 to 2000	750	78319
2001 to 20,000	1000	78320
more than 20,000	2500	78321

(3)(a) Process

78322

Process weight rate (pounds per hour)

Permit to install

78323

0 to 1000	$ 200	78324
1001 to 5000	400	78325
5001 to 10,000	600	78326
10,001 to 50,000	800	78327
more than 50,000	1000	78328

In any process where process weight rate cannot be	78329
ascertained, the minimum fee shall be assessed.	78330

(b) Notwithstanding division (B)(3)(a) of this section, any	78331
person issued a permit to install pursuant to rules adopted under	78332
division (F) of section 3704.03 of the Revised Code shall pay the	78333
fees established in division (B)(3)(c) of this section for a	78334
process used in any of the following industries, as identified by	78335
the applicable four-digit standard industrial classification code	78336
according to the Standard Industrial Classification Manual	78337
published by the United States office of management and budget in	78338
the executive office of the president, 1972, as revised:	78339

1211 Bituminous coal and lignite mining;

78340

1213 Bituminous coal and lignite mining services;

78341

1411 Dimension stone;

78342

1422 Crushed and broken limestone;

78343

1427 Crushed and broken stone, not elsewhere classified;

78344

1442 Construction sand and gravel;

78345

1446 Industrial sand;

78346

3281 Cut stone and stone products;

78347

3295 Minerals and earth, ground or otherwise treated.

78348

(c) The fees established in the following schedule apply to	78349
the issuance of a permit to install pursuant to rules adopted	78350
under division (F) of section 3704.03 of the Revised Code for a	78351
process listed in division (B)(3)(b) of this section:	78352

Process weight rate (pounds per hour)

Permit to install

78353

0 to 1000	$ 200	78354
10,001 to 50,000	300	78355
50,001 to 100,000	400	78356
100,001 to 200,000	500	78357
200,001 to 400,000	600	78358
400,001 or more	700	78359

(4) Storage tanks

78360

Gallons (maximum useful capacity)

Permit to install

78361

0 to 20,000	$ 100	78362
20,001 to 40,000	150	78363
40,001 to 100,000	200	78364
100,001 to 250,000	250	78365
250,001 to 500,000	350	78366
500,001 to 1,000,000	500	78367
1,000,001 or greater	750	78368

(5) Gasoline/fuel dispensing facilities

78369

For each gasoline/fuel dispensing		Permit to install			78370
facility		$ 100			78371

(6) Dry cleaning facilities

78372

For each dry cleaning facility		Permit to install			78373
(includes all units at the facility)		$ 100			78374

(7) Registration status

78375

For each source covered		Permit to install			78376
by registration status		$ 75			78377

(C)(1) Except as otherwise provided in division (C)(2) of	78378
this section, beginning July 1, 1994, each person who owns or	78379
operates an air contaminant source and who is required to apply	78380
for and obtain a Title V permit under section 3704.036 of the	78381
Revised Code shall pay the fees set forth in division (C)(1) of	78382
this section. For the purposes of that division, total emissions	78383
of air contaminants may be calculated using engineering	78384
calculations, emissions factors, material balance calculations, or	78385
performance testing procedures, as authorized by the director.	78386

The following fees shall be assessed on the total actual	78387
emissions from a source in tons per year of the regulated	78388
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	78389
organic compounds, and lead:	78390

(a) Fifteen dollars per ton on the total actual emissions of	78391
each such regulated pollutant during the period July through	78392
December 1993, to be collected no sooner than July 1, 1994;	78393

(b) Twenty dollars per ton on the total actual emissions of	78394
each such regulated pollutant during calendar year 1994, to be	78395
collected no sooner than April 15, 1995;	78396

(c) Twenty-five dollars per ton on the total actual emissions	78397
of each such regulated pollutant in calendar year 1995, and each	78398
subsequent calendar year, to be collected no sooner than the	78399
fifteenth day of April of the year next succeeding the calendar	78400
year in which the emissions occurred.	78401

The fees levied under division (C)(1) of this section do not	78402
apply to that portion of the emissions of a regulated pollutant at	78403
a facility that exceed four thousand tons during a calendar year.	78404

(2) The fees assessed under division (C)(1) of this section	78405
are for the purpose of providing funding for the Title V permit	78406
program.	78407

(3) The fees assessed under division (C)(1) of this section	78408
do not apply to emissions from any electric generating unit	78409
designated as a Phase I unit under Title IV of the federal Clean	78410
Air Act prior to calendar year 2000. Those fees shall be assessed	78411
on the emissions from such a generating unit commencing in	78412
calendar year 2001 based upon the total actual emissions from the	78413
generating unit during calendar year 2000 and shall continue to be	78414
assessed each subsequent calendar year based on the total actual	78415
emissions from the generating unit during the preceding calendar	78416
year.	78417

(4) The director shall issue invoices to owners or operators	78418
of air contaminant sources who are required to pay a fee assessed	78419
under division (C) or (D) of this section. Any such invoice shall	78420
be issued no sooner than the applicable date when the fee first	78421
may be collected in a year under the applicable division, shall	78422
identify the nature and amount of the fee assessed, and shall	78423
indicate that the fee is required to be paid within thirty days	78424
after the issuance of the invoice.	78425

(D)(1) Except as provided in division (D)(3) of this section,	78426
from January 1, 1994, through December 31, 2003, each person who	78427
owns or operates an air contaminant source; who is required to	78428
apply for a permit to operate pursuant to rules adopted under	78429
division (G), or a variance pursuant to division (H), of section	78430
3704.03 of the Revised Code; and who is not required to apply for	78431
and obtain a Title V permit under section 3704.036 of the Revised	78432
Code shall pay a single fee based upon the sum of the actual	78433
annual emissions from the facility of the regulated pollutants	78434
particulate matter, sulfur dioxide, nitrogen oxides, organic	78435
compounds, and lead in accordance with the following schedule:	78436

Total tons per year		78437
of regulated pollutants	Annual fee	78438
emitted	per facility	78439
More than 0, but less than 50	$ 75	78440
50 or more, but less than 100	300	78441
100 or more	700	78442

(2) Except as provided in division (D)(3) of this section,	78443
beginning January 1, 2004, each person who owns or operates an air	78444
contaminant source; who is required to apply for a permit to	78445
operate pursuant to rules adopted under division (G), or a	78446
variance pursuant to division (H), of section 3704.03 of the	78447
Revised Code; and who is not required to apply for and obtain a	78448
Title V permit under section 3704.03 of the Revised Code shall pay	78449
a single fee based upon the sum of the actual annual emissions	78450
from the facility of the regulated pollutants particulate matter,	78451
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	78452
accordance with the following schedule:	78453

Total tons per year		78454
of regulated pollutants	Annual fee	78455
emitted	per facility	78456
More than 0, but less than 10	$ 100	78457
10 or more, but less than 50	200	78458
50 or more, but less than 100	300	78459
100 or more	700	78460

(3)(a) As used in division (D) of this section, "synthetic	78461
minor facility" means a facility for which one or more permits to	78462
install or permits to operate have been issued for the air	78463
contaminant sources at the facility that include terms and	78464
conditions that lower the facility's potential to emit air	78465
contaminants below the major source thresholds established in	78466
rules adopted under section 3704.036 of the Revised Code.	78467

(b) Beginning January 1, 2000, through June 30, ~~2012~~2014,	78468
each person who owns or operates a synthetic minor facility shall	78469
pay an annual fee based on the sum of the actual annual emissions	78470
from the facility of particulate matter, sulfur dioxide, nitrogen	78471
dioxide, organic compounds, and lead in accordance with the	78472
following schedule:	78473

Combined total tons		78474
per year of all regulated	Annual fee	78475
pollutants emitted	per facility	78476

Less than 10	$ 170	78477
10 or more, but less than 20	340	78478
20 or more, but less than 30	670	78479
30 or more, but less than 40	1,010	78480
40 or more, but less than 50	1,340	78481
50 or more, but less than 60	1,680	78482
60 or more, but less than 70	2,010	78483
70 or more, but less than 80	2,350	78484
80 or more, but less than 90	2,680	78485
90 or more, but less than 100	3,020	78486
100 or more	3,350	78487

(4) The fees assessed under division (D)(1) of this section	78488
shall be collected annually no sooner than the fifteenth day of	78489
April, commencing in 1995. The fees assessed under division (D)(2)	78490
of this section shall be collected annually no sooner than the	78491
fifteenth day of April, commencing in 2005. The fees assessed	78492
under division (D)(3) of this section shall be collected no sooner	78493
than the fifteenth day of April, commencing in 2000. The fees	78494
assessed under division (D) of this section in a calendar year	78495
shall be based upon the sum of the actual emissions of those	78496
regulated pollutants during the preceding calendar year. For the	78497
purpose of division (D) of this section, emissions of air	78498
contaminants may be calculated using engineering calculations,	78499
emission factors, material balance calculations, or performance	78500
testing procedures, as authorized by the director. The director,	78501
by rule, may require persons who are required to pay the fees	78502
assessed under division (D) of this section to pay those fees	78503
biennially rather than annually.	78504

(E)(1) Consistent with the need to cover the reasonable costs	78505
of the Title V permit program, the director annually shall	78506
increase the fees prescribed in division (C)(1) of this section by	78507
the percentage, if any, by which the consumer price index for the	78508
most recent calendar year ending before the beginning of a year	78509
exceeds the consumer price index for calendar year 1989. Upon	78510
calculating an increase in fees authorized by division (E)(1) of	78511
this section, the director shall compile revised fee schedules for	78512
the purposes of division (C)(1) of this section and shall make the	78513
revised schedules available to persons required to pay the fees	78514
assessed under that division and to the public.	78515

(2) For the purposes of division (E)(1) of this section:

78516

(a) The consumer price index for any year is the average of	78517
the consumer price index for all urban consumers published by the	78518
United States department of labor as of the close of the	78519
twelve-month period ending on the thirty-first day of August of	78520
that year.	78521

(b) If the 1989 consumer price index is revised, the director	78522
shall use the revision of the consumer price index that is most	78523
consistent with that for calendar year 1989.	78524

(F) Each person who is issued a permit to install pursuant to	78525
rules adopted under division (F) of section 3704.03 of the Revised	78526
Code on or after July 1, 2003, shall pay the fees specified in the	78527
following schedules:	78528

(1) Fuel-burning equipment (boilers, furnaces, or process	78529
heaters used in the process of burning fuel for the primary	78530
purpose of producing heat or power by indirect heat transfer)	78531

Input capacity (maximum)		78532
(million British thermal units per hour)	Permit to install	78533
Greater than 0, but less than 10	$ 200	78534
10 or more, but less than 100	400	78535
100 or more, but less than 300	1000	78536
300 or more, but less than 500	2250	78537
500 or more, but less than 1000	3750	78538
1000 or more, but less than 5000	6000	78539
5000 or more	9000	78540

Units burning exclusively natural gas, number two fuel oil,	78541
or both shall be assessed a fee that is one-half the applicable	78542
amount shown in division (F)(1) of this section.	78543

(2) Combustion turbines and stationary internal combustion	78544
engines designed to generate electricity	78545

Generating capacity (mega watts)	Permit to install	78546
0 or more, but less than 10	$ 25	78547
10 or more, but less than 25	150	78548
25 or more, but less than 50	300	78549
50 or more, but less than 100	500	78550
100 or more, but less than 250	1000	78551
250 or more	2000	78552

(3) Incinerators

78553

Input capacity (pounds per hour)	Permit to install	78554
0 to 100	$ 100	78555
101 to 500	500	78556
501 to 2000	1000	78557
2001 to 20,000	1500	78558
more than 20,000	3750	78559

(4)(a) Process

78560

Process weight rate (pounds per hour)	Permit to install	78561
0 to 1000	$ 200	78562
1001 to 5000	500	78563
5001 to 10,000	750	78564
10,001 to 50,000	1000	78565
more than 50,000	1250	78566

In any process where process weight rate cannot be	78567
ascertained, the minimum fee shall be assessed. A boiler, furnace,	78568
combustion turbine, stationary internal combustion engine, or	78569
process heater designed to provide direct heat or power to a	78570
process not designed to generate electricity shall be assessed a	78571
fee established in division (F)(4)(a) of this section. A	78572
combustion turbine or stationary internal combustion engine	78573
designed to generate electricity shall be assessed a fee	78574
established in division (F)(2) of this section.	78575

(b) Notwithstanding division (F)(4)(a) of this section, any	78576
person issued a permit to install pursuant to rules adopted under	78577
division (F) of section 3704.03 of the Revised Code shall pay the	78578
fees set forth in division (F)(4)(c) of this section for a process	78579
used in any of the following industries, as identified by the	78580
applicable two-digit, three-digit, or four-digit standard	78581
industrial classification code according to the Standard	78582
Industrial Classification Manual published by the United States	78583
office of management and budget in the executive office of the	78584
president, 1987, as revised:	78585

Major group 10, metal mining;

78586

Major group 12, coal mining;

78587

Major group 14, mining and quarrying of nonmetallic minerals;

78588

Industry group 204, grain mill products;

78589

2873 Nitrogen fertilizers;

78590

2874 Phosphatic fertilizers;

78591

3281 Cut stone and stone products;

78592

3295 Minerals and earth, ground or otherwise treated;

78593

4221 Grain elevators (storage only);

78594

5159 Farm related raw materials;

78595

5261 Retail nurseries and lawn and garden supply stores.

78596

(c) The fees set forth in the following schedule apply to the	78597
issuance of a permit to install pursuant to rules adopted under	78598
division (F) of section 3704.03 of the Revised Code for a process	78599
identified in division (F)(4)(b) of this section:	78600

Process weight rate (pounds per hour)	Permit to install	78601
0 to 10,000	$ 200	78602
10,001 to 50,000	400	78603
50,001 to 100,000	500	78604
100,001 to 200,000	600	78605
200,001 to 400,000	750	78606
400,001 or more	900	78607

(5) Storage tanks

78608

Gallons (maximum useful capacity)	Permit to install	78609
0 to 20,000	$ 100	78610
20,001 to 40,000	150	78611
40,001 to 100,000	250	78612
100,001 to 500,000	400	78613
500,001 or greater	750	78614

(6) Gasoline/fuel dispensing facilities

78615

For each gasoline/fuel		78616
dispensing facility (includes all	Permit to install	78617
units at the facility)	$ 100	78618

(7) Dry cleaning facilities

78619

For each dry cleaning		78620
facility (includes all units	Permit to install	78621
at the facility)	$ 100	78622

(8) Registration status

78623

For each source covered			Permit to install			78624
by registration status			$ 75			78625

(G) An owner or operator who is responsible for an asbestos	78626
demolition or renovation project pursuant to rules adopted under	78627
section 3704.03 of the Revised Code shall pay the fees set forth	78628
in the following schedule:	78629

Action	Fee	78630
Each notification	$75	78631
Asbestos removal	$3/unit	78632
Asbestos cleanup	$4/cubic yard	78633

For purposes of this division, "unit" means any combination of	78634
linear feet or square feet equal to fifty.	78635

(H) A person who is issued an extension of time for a permit	78636
to install an air contaminant source pursuant to rules adopted	78637
under division (F) of section 3704.03 of the Revised Code shall	78638
pay a fee equal to one-half the fee originally assessed for the	78639
permit to install under this section, except that the fee for such	78640
an extension shall not exceed two hundred dollars.	78641

(I) A person who is issued a modification to a permit to	78642
install an air contaminant source pursuant to rules adopted under	78643
section 3704.03 of the Revised Code shall pay a fee equal to	78644
one-half of the fee that would be assessed under this section to	78645
obtain a permit to install the source. The fee assessed by this	78646
division only applies to modifications that are initiated by the	78647
owner or operator of the source and shall not exceed two thousand	78648
dollars.	78649

(J) Notwithstanding division (B) or (F) of this section, a	78650
person who applies for or obtains a permit to install pursuant to	78651
rules adopted under division (F) of section 3704.03 of the Revised	78652
Code after the date actual construction of the source began shall	78653
pay a fee for the permit to install that is equal to twice the fee	78654
that otherwise would be assessed under the applicable division	78655
unless the applicant received authorization to begin construction	78656
under division (W) of section 3704.03 of the Revised Code. This	78657
division only applies to sources for which actual construction of	78658
the source begins on or after July 1, 1993. The imposition or	78659
payment of the fee established in this division does not preclude	78660
the director from taking any administrative or judicial	78661
enforcement action under this chapter, Chapter 3704., 3714.,	78662
3734., or 6111. of the Revised Code, or a rule adopted under any	78663
of them, in connection with a violation of rules adopted under	78664
division (F) of section 3704.03 of the Revised Code.	78665

As used in this division, "actual construction of the source"	78666
means the initiation of physical on-site construction activities	78667
in connection with improvements to the source that are permanent	78668
in nature, including, without limitation, the installation of	78669
building supports and foundations and the laying of underground	78670
pipework.	78671

(K) Fifty cents per ton of each fee assessed under division	78672
(C) of this section on actual emissions from a source and received	78673
by the environmental protection agency pursuant to that division	78674
shall be deposited into the state treasury to the credit of the	78675
small business assistance fund created in section 3706.19 of the	78676
Revised Code. The remainder of the moneys received by the division	78677
pursuant to that division and moneys received by the agency	78678
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this	78679
section shall be deposited in the state treasury to the credit of	78680
the clean air fund created in section 3704.035 of the Revised	78681
Code.	78682

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	78683
or (c) of this section, a person issued a water discharge permit	78684
or renewal of a water discharge permit pursuant to Chapter 6111.	78685
of the Revised Code shall pay a fee based on each point source to	78686
which the issuance is applicable in accordance with the following	78687
schedule:	78688

Design flow discharge (gallons per day)	Fee	78689
0 to 1000	$ 0	78690
1,001 to 5000	100	78691
5,001 to 50,000	200	78692
50,001 to 100,000	300	78693
100,001 to 300,000	525	78694
over 300,000	750	78695

(b) Notwithstanding the fee schedule specified in division	78696
(L)(1)(a) of this section, the fee for a water discharge permit	78697
that is applicable to coal mining operations regulated under	78698
Chapter 1513. of the Revised Code shall be two hundred fifty	78699
dollars per mine.	78700

(c) Notwithstanding the fee schedule specified in division	78701
(L)(1)(a) of this section, the fee for a water discharge permit	78702
for a public discharger identified by I in the third character of	78703
the permittee's NPDES permit number shall not exceed seven hundred	78704
fifty dollars.	78705

(2) A person applying for a plan approval for a wastewater	78706
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	78707
of the Revised Code shall pay a fee of one hundred dollars plus	78708
sixty-five one-hundredths of one per cent of the estimated project	78709
cost through June 30, ~~2012~~2014, and one hundred dollars plus	78710
two-tenths of one per cent of the estimated project cost on and	78711
after July 1, ~~2012~~2014, except that the total fee shall not	78712
exceed fifteen thousand dollars through June 30, ~~2012~~2014, and	78713
five thousand dollars on and after July 1, ~~2012~~2014. The fee	78714
shall be paid at the time the application is submitted.	78715

(3) A person issued a modification of a water discharge	78716
permit shall pay a fee equal to one-half the fee that otherwise	78717
would be charged for a water discharge permit, except that the fee	78718
for the modification shall not exceed four hundred dollars.	78719

(4) A person who has entered into an agreement with the	78720
director under section 6111.14 of the Revised Code shall pay an	78721
administrative service fee for each plan submitted under that	78722
section for approval that shall not exceed the minimum amount	78723
necessary to pay administrative costs directly attributable to	78724
processing plan approvals. The director annually shall calculate	78725
the fee and shall notify all persons who have entered into	78726
agreements under that section, or who have applied for agreements,	78727
of the amount of the fee.	78728

(5)(a)(i) Not later than January 30, ~~2010~~2012, and January	78729
30, ~~2011~~2013, a person holding an NPDES discharge permit issued	78730
pursuant to Chapter 6111. of the Revised Code with an average	78731
daily discharge flow of five thousand gallons or more shall pay a	78732
nonrefundable annual discharge fee. Any person who fails to pay	78733
the fee at that time shall pay an additional amount that equals	78734
ten per cent of the required annual discharge fee.	78735

(ii) The billing year for the annual discharge fee	78736
established in division (L)(5)(a)(i) of this section shall consist	78737
of a twelve-month period beginning on the first day of January of	78738
the year preceding the date when the annual discharge fee is due.	78739
In the case of an existing source that permanently ceases to	78740
discharge during a billing year, the director shall reduce the	78741
annual discharge fee, including the surcharge applicable to	78742
certain industrial facilities pursuant to division (L)(5)(c) of	78743
this section, by one-twelfth for each full month during the	78744
billing year that the source was not discharging, but only if the	78745
person holding the NPDES discharge permit for the source notifies	78746
the director in writing, not later than the first day of October	78747
of the billing year, of the circumstances causing the cessation of	78748
discharge.	78749

(iii) The annual discharge fee established in division	78750
(L)(5)(a)(i) of this section, except for the surcharge applicable	78751
to certain industrial facilities pursuant to division (L)(5)(c) of	78752
this section, shall be based upon the average daily discharge flow	78753
in gallons per day calculated using first day of May through	78754
thirty-first day of October flow data for the period two years	78755
prior to the date on which the fee is due. In the case of NPDES	78756
discharge permits for new sources, the fee shall be calculated	78757
using the average daily design flow of the facility until actual	78758
average daily discharge flow values are available for the time	78759
period specified in division (L)(5)(a)(iii) of this section. The	78760
annual discharge fee may be prorated for a new source as described	78761
in division (L)(5)(a)(ii) of this section.	78762

(b) An NPDES permit holder that is a public discharger shall	78763
pay the fee specified in the following schedule:	78764

Average daily	Fee due by	78765
discharge flow	January 30,	78766
	~~2010~~ 2012, and	78767
	January 30, ~~2011~~ 2013	78768

5,000 to 49,999	$ 200	78769
50,000 to 100,000	500	78770
100,001 to 250,000	1,050	78771
250,001 to 1,000,000	2,600	78772
1,000,001 to 5,000,000	5,200	78773
5,000,001 to 10,000,000	10,350	78774
10,000,001 to 20,000,000	15,550	78775
20,000,001 to 50,000,000	25,900	78776
50,000,001 to 100,000,000	41,400	78777
100,000,001 or more	62,100	78778

Public dischargers owning or operating two or more publicly	78779
owned treatment works serving the same political subdivision, as	78780
"treatment works" is defined in section 6111.01 of the Revised	78781
Code, and that serve exclusively political subdivisions having a	78782
population of fewer than one hundred thousand shall pay an annual	78783
discharge fee under division (L)(5)(b) of this section that is	78784
based on the combined average daily discharge flow of the	78785
treatment works.	78786

(c) An NPDES permit holder that is an industrial discharger,	78787
other than a coal mining operator identified by P in the third	78788
character of the permittee's NPDES permit number, shall pay the	78789
fee specified in the following schedule:	78790

Average daily	Fee due by	78791
discharge flow	January 30,	78792
	~~2010~~ 2012, and	78793
	January 30, ~~2011~~ 2013	78794

5,000 to 49,999	$ 250	78795
50,000 to 250,000	1,200	78796
250,001 to 1,000,000	2,950	78797
1,000,001 to 5,000,000	5,850	78798
5,000,001 to 10,000,000	8,800	78799
10,000,001 to 20,000,000	11,700	78800
20,000,001 to 100,000,000	14,050	78801
100,000,001 to 250,000,000	16,400	78802
250,000,001 or more	18,700	78803

In addition to the fee specified in the above schedule, an	78804
NPDES permit holder that is an industrial discharger classified as	78805
a major discharger during all or part of the annual discharge fee	78806
billing year specified in division (L)(5)(a)(ii) of this section	78807
shall pay a nonrefundable annual surcharge of seven thousand five	78808
hundred dollars not later than January 30, ~~2010~~2012, and not	78809
later than January 30, ~~2011~~2013. Any person who fails to pay the	78810
surcharge at that time shall pay an additional amount that equals	78811
ten per cent of the amount of the surcharge.	78812

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	78813
section, a public discharger identified by I in the third	78814
character of the permittee's NPDES permit number and an industrial	78815
discharger identified by I, J, L, V, W, X, Y, or Z in the third	78816
character of the permittee's NPDES permit number shall pay a	78817
nonrefundable annual discharge fee of one hundred eighty dollars	78818
not later than January 30, ~~2010~~2012, and not later than January	78819
30, ~~2011~~2013. Any person who fails to pay the fee at that time	78820
shall pay an additional amount that equals ten per cent of the	78821
required fee.	78822

(6) Each person obtaining a national pollutant discharge	78823
elimination system general or individual permit for municipal	78824
storm water discharge shall pay a nonrefundable storm water	78825
discharge fee of one hundred dollars per square mile of area	78826
permitted. The fee shall not exceed ten thousand dollars and shall	78827
be payable on or before January 30, 2004, and the thirtieth day of	78828
January of each year thereafter. Any person who fails to pay the	78829
fee on the date specified in division (L)(6) of this section shall	78830
pay an additional amount per year equal to ten per cent of the	78831
annual fee that is unpaid.	78832

(7) The director shall transmit all moneys collected under	78833
division (L) of this section to the treasurer of state for deposit	78834
into the state treasury to the credit of the surface water	78835
protection fund created in section 6111.038 of the Revised Code.	78836

(8) As used in division (L) of this section:

78837

(a) "NPDES" means the federally approved national pollutant	78838
discharge elimination system program for issuing, modifying,	78839
revoking, reissuing, terminating, monitoring, and enforcing	78840
permits and imposing and enforcing pretreatment requirements under	78841
Chapter 6111. of the Revised Code and rules adopted under it.	78842

(b) "Public discharger" means any holder of an NPDES permit	78843
identified by P in the second character of the NPDES permit number	78844
assigned by the director.	78845

(c) "Industrial discharger" means any holder of an NPDES	78846
permit identified by I in the second character of the NPDES permit	78847
number assigned by the director.	78848

(d) "Major discharger" means any holder of an NPDES permit	78849
classified as major by the regional administrator of the United	78850
States environmental protection agency in conjunction with the	78851
director.	78852

(M) Through June 30, ~~2012~~2014, a person applying for a	78853
license or license renewal to operate a public water system under	78854
section 6109.21 of the Revised Code shall pay the appropriate fee	78855
established under this division at the time of application to the	78856
director. Any person who fails to pay the fee at that time shall	78857
pay an additional amount that equals ten per cent of the required	78858
fee. The director shall transmit all moneys collected under this	78859
division to the treasurer of state for deposit into the drinking	78860
water protection fund created in section 6109.30 of the Revised	78861
Code.	78862

Except as provided in division (M)(4) of this section, fees	78863
required under this division shall be calculated and paid in	78864
accordance with the following schedule:	78865

(1) For the initial license required under division (A)(1) of	78866
section 6109.21 of the Revised Code for any public water system	78867
that is a community water system as defined in section 6109.01 of	78868
the Revised Code, and for each license renewal required for such a	78869
system prior to January 31, ~~2012~~2014, the fee is:	78870

Number of service connections		Fee amount	78871
	Not more than 49	$ 112	78872
	50 to 99	176	78873

Number of service connections		Average cost per connection	78874
	100 to 2,499	$ 1.92	78875
	2,500 to 4,999	1.48	78876
	5,000 to 7,499	1.42	78877
	7,500 to 9,999	1.34	78878
	10,000 to 14,999	1.16	78879
	15,000 to 24,999	1.10	78880
	25,000 to 49,999	1.04	78881
	50,000 to 99,999	.92	78882
	100,000 to 149,999	.86	78883
	150,000 to 199,999	.80	78884
	200,000 or more	.76	78885

A public water system may determine how it will pay the total	78886
amount of the fee calculated under division (M)(1) of this	78887
section, including the assessment of additional user fees that may	78888
be assessed on a volumetric basis.	78889

As used in division (M)(1) of this section, "service	78890
connection" means the number of active or inactive pipes,	78891
goosenecks, pigtails, and any other fittings connecting a water	78892
main to any building outlet.	78893

(2) For the initial license required under division (A)(2) of	78894
section 6109.21 of the Revised Code for any public water system	78895
that is not a community water system and serves a nontransient	78896
population, and for each license renewal required for such a	78897
system prior to January 31, ~~2012~~2014, the fee is:	78898

Population served	Fee amount	78899
Fewer than 150	$ 112	78900
150 to 299	176	78901
300 to 749	384	78902
750 to 1,499	628	78903
1,500 to 2,999	1,268	78904
3,000 to 7,499	2,816	78905
7,500 to 14,999	5,510	78906
15,000 to 22,499	9,048	78907
22,500 to 29,999	12,430	78908
30,000 or more	16,820	78909

As used in division (M)(2) of this section, "population	78910
served" means the total number of individuals ~~receiving water from~~	78911
having access to the water supply during a twenty-four-hour period	78912
for at least sixty days during any calendar year. In the absence	78913
of a specific population count, that number shall be calculated at	78914
the rate of three individuals per service connection.	78915

(3) For the initial license required under division (A)(3) of	78916
section 6109.21 of the Revised Code for any public water system	78917
that is not a community water system and serves a transient	78918
population, and for each license renewal required for such a	78919
system prior to January 31, ~~2012~~2014, the fee is:	78920

Number of wells or sources, other than surface water, supplying system		Fee amount	78921
	1	$112	78922
	2	112	78923
	3	176	78924
	4	278	78925
	5	568	78926
	System designated as using a		78927
	surface water source	792	78928

As used in division (M)(3) of this section, "number of wells	78929
or sources, other than surface water, supplying system" means	78930
those wells or sources that are physically connected to the	78931
plumbing system serving the public water system.	78932

(4) A public water system designated as using a surface water	78933
source shall pay a fee of seven hundred ninety-two dollars or the	78934
amount calculated under division (M)(1) or (2) of this section,	78935
whichever is greater.	78936

(N)(1) A person applying for a plan approval for a public	78937
water supply system under section 6109.07 of the Revised Code	78938
shall pay a fee of one hundred fifty dollars plus thirty-five	78939
hundredths of one per cent of the estimated project cost, except	78940
that the total fee shall not exceed twenty thousand dollars	78941
through June 30, ~~2012~~2014, and fifteen thousand dollars on and	78942
after July 1, ~~2012~~2014. The fee shall be paid at the time the	78943
application is submitted.	78944

(2) A person who has entered into an agreement with the	78945
director under division (A)(2) of section 6109.07 of the Revised	78946
Code shall pay an administrative service fee for each plan	78947
submitted under that section for approval that shall not exceed	78948
the minimum amount necessary to pay administrative costs directly	78949
attributable to processing plan approvals. The director annually	78950
shall calculate the fee and shall notify all persons that have	78951
entered into agreements under that division, or who have applied	78952
for agreements, of the amount of the fee.	78953

(3) Through June 30, ~~2012~~2014, the following fee, on a per	78954
survey basis, shall be charged any person for services rendered by	78955
the state in the evaluation of laboratories and laboratory	78956
personnel for compliance with accepted analytical techniques and	78957
procedures established pursuant to Chapter 6109. of the Revised	78958
Code for determining the qualitative characteristics of water:	78959

microbiological			78960
	MMO-MUG	$2,000	78961
	MF	2,100	78962
	MMO-MUG and MF	2,550	78963
organic chemical		5,400	78964
trace metals		5,400	78965
standard chemistry		2,800	78966
limited chemistry		1,550	78967

On and after July 1, ~~2012~~2014, the following fee, on a per	78968
survey basis, shall be charged any such person:	78969

microbiological	$ 1,650	78970
organic chemicals	3,500	78971
trace metals	3,500	78972
standard chemistry	1,800	78973
limited chemistry	1,000	78974

The fee for those services shall be paid at the time the request	78975
for the survey is made. Through June 30, ~~2012~~ 2014, an individual	78976
laboratory shall not be assessed a fee under this division more	78977
than once in any three-year period unless the person requests the	78978
addition of analytical methods or analysts, in which case the	78979
person shall pay eighteen hundred dollars for each additional	78980
survey requested.	78981

As used in division (N)(3) of this section:

78982

(a) "MF" means microfiltration.

78983

(b) "MMO" means minimal medium ONPG.

78984

78985

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

78986

The director shall transmit all moneys collected under this	78987
division to the treasurer of state for deposit into the drinking	78988
water protection fund created in section 6109.30 of the Revised	78989
Code.	78990

(O) Any person applying to the director for examination for	78991
certification as an operator of a water supply system or	78992
wastewater system under Chapter 6109. or 6111. of the Revised	78993
Code, at the time the application is submitted, shall pay an	78994
application fee of forty-five dollars through November 30, ~~2012~~	78995
2014, and twenty-five dollars on and after December 1, ~~2012~~2014.	78996
Upon approval from the director that the applicant is eligible to	78997
take the examination therefor, the applicant shall pay a fee in	78998
accordance with the following schedule through November 30, ~~2012~~	78999
2014:	79000

Class A operator	$35	79001
Class I operator	60	79002
Class II operator	75	79003
Class III operator	85	79004
Class IV operator	100	79005

On and after December 1, ~~2012~~2014, the applicant shall pay a	79006
fee in accordance with the following schedule:	79007

Class A operator	$25	79008
Class I operator	$45	79009
Class II operator	55	79010
Class III operator	65	79011
Class IV operator	75	79012

A person shall pay a biennial certification renewal fee for	79013
each applicable class of certification in accordance with the	79014
following schedule:	79015

Class A operator	$25	79016
Class I operator	35	79017
Class II operator	45	79018
Class III operator	55	79019
Class IV operator	65	79020

If a certification renewal fee is received by the director	79021
more than thirty days, but not more than one year after the	79022
expiration date of the certification, the person shall pay a	79023
certification renewal fee in accordance with the following	79024
schedule:	79025

Class A operator	$45	79026
Class I operator	55	79027
Class II operator	65	79028
Class III operator	75	79029
Class IV operator	85	79030

A person who requests a replacement certificate shall pay a	79031
fee of twenty-five dollars at the time the request is made.	79032

The director shall transmit all moneys collected under this	79033
division to the treasurer of state for deposit into the drinking	79034
water protection fund created in section 6109.30 of the Revised	79035
Code.	79036

(P) Any person submitting an application for an industrial	79037
water pollution control certificate under section 6111.31 of the	79038
Revised Code, as that section existed before its repeal by H.B. 95	79039
of the 125th general assembly, shall pay a nonrefundable fee of	79040
five hundred dollars at the time the application is submitted. The	79041
director shall transmit all moneys collected under this division	79042
to the treasurer of state for deposit into the surface water	79043
protection fund created in section 6111.038 of the Revised Code. A	79044
person paying a certificate fee under this division shall not pay	79045
an application fee under division (S)(1) of this section. On and	79046
after June 26, 2003, persons shall file such applications and pay	79047
the fee as required under sections 5709.20 to 5709.27 of the	79048
Revised Code, and proceeds from the fee shall be credited as	79049
provided in section 5709.212 of the Revised Code.	79050

(Q) Except as otherwise provided in division (R) of this	79051
section, a person issued a permit by the director for a new solid	79052
waste disposal facility other than an incineration or composting	79053
facility, a new infectious waste treatment facility other than an	79054
incineration facility, or a modification of such an existing	79055
facility that includes an increase in the total disposal or	79056
treatment capacity of the facility pursuant to Chapter 3734. of	79057
the Revised Code shall pay a fee of ten dollars per thousand cubic	79058
yards of disposal or treatment capacity, or one thousand dollars,	79059
whichever is greater, except that the total fee for any such	79060
permit shall not exceed eighty thousand dollars. A person issued a	79061
modification of a permit for a solid waste disposal facility or an	79062
infectious waste treatment facility that does not involve an	79063
increase in the total disposal or treatment capacity of the	79064
facility shall pay a fee of one thousand dollars. A person issued	79065
a permit to install a new, or modify an existing, solid waste	79066
transfer facility under that chapter shall pay a fee of two	79067
thousand five hundred dollars. A person issued a permit to install	79068
a new or to modify an existing solid waste incineration or	79069
composting facility, or an existing infectious waste treatment	79070
facility using incineration as its principal method of treatment,	79071
under that chapter shall pay a fee of one thousand dollars. The	79072
increases in the permit fees under this division resulting from	79073
the amendments made by Amended Substitute House Bill 592 of the	79074
117th general assembly do not apply to any person who submitted an	79075
application for a permit to install a new, or modify an existing,	79076
solid waste disposal facility under that chapter prior to	79077
September 1, 1987; any such person shall pay the permit fee	79078
established in this division as it existed prior to June 24, 1988.	79079
In addition to the applicable permit fee under this division, a	79080
person issued a permit to install or modify a solid waste facility	79081
or an infectious waste treatment facility under that chapter who	79082
fails to pay the permit fee to the director in compliance with	79083
division (V) of this section shall pay an additional ten per cent	79084
of the amount of the fee for each week that the permit fee is	79085
late.	79086

Permit and late payment fees paid to the director under this	79087
division shall be credited to the general revenue fund.	79088

(R)(1) A person issued a registration certificate for a scrap	79089
tire collection facility under section 3734.75 of the Revised Code	79090
shall pay a fee of two hundred dollars, except that if the	79091
facility is owned or operated by a motor vehicle salvage dealer	79092
licensed under Chapter 4738. of the Revised Code, the person shall	79093
pay a fee of twenty-five dollars.	79094

(2) A person issued a registration certificate for a new	79095
scrap tire storage facility under section 3734.76 of the Revised	79096
Code shall pay a fee of three hundred dollars, except that if the	79097
facility is owned or operated by a motor vehicle salvage dealer	79098
licensed under Chapter 4738. of the Revised Code, the person shall	79099
pay a fee of twenty-five dollars.	79100

(3) A person issued a permit for a scrap tire storage	79101
facility under section 3734.76 of the Revised Code shall pay a fee	79102
of one thousand dollars, except that if the facility is owned or	79103
operated by a motor vehicle salvage dealer licensed under Chapter	79104
4738. of the Revised Code, the person shall pay a fee of fifty	79105
dollars.	79106

(4) A person issued a permit for a scrap tire monocell or	79107
monofill facility under section 3734.77 of the Revised Code shall	79108
pay a fee of ten dollars per thousand cubic yards of disposal	79109
capacity or one thousand dollars, whichever is greater, except	79110
that the total fee for any such permit shall not exceed eighty	79111
thousand dollars.	79112

(5) A person issued a registration certificate for a scrap	79113
tire recovery facility under section 3734.78 of the Revised Code	79114
shall pay a fee of one hundred dollars.	79115

(6) A person issued a permit for a scrap tire recovery	79116
facility under section 3734.78 of the Revised Code shall pay a fee	79117
of one thousand dollars.	79118

(7) In addition to the applicable registration certificate or	79119
permit fee under divisions (R)(1) to (6) of this section, a person	79120
issued a registration certificate or permit for any such scrap	79121
tire facility who fails to pay the registration certificate or	79122
permit fee to the director in compliance with division (V) of this	79123
section shall pay an additional ten per cent of the amount of the	79124
fee for each week that the fee is late.	79125

(8) The registration certificate, permit, and late payment	79126
fees paid to the director under divisions (R)(1) to (7) of this	79127
section shall be credited to the scrap tire management fund	79128
created in section 3734.82 of the Revised Code.	79129

(S)(1) Except as provided by divisions (L), (M), (N), (O),	79130
(P), and (S)(2) of this section, division (A)(2) of section	79131
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	79132
and rules adopted under division (T)(1) of this section, any	79133
person applying for a registration certificate under section	79134
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	79135
variance, or plan approval under Chapter 3734. of the Revised Code	79136
shall pay a nonrefundable fee of fifteen dollars at the time the	79137
application is submitted.	79138

Except as otherwise provided, any person applying for a	79139
permit, variance, or plan approval under Chapter 6109. or 6111. of	79140
the Revised Code shall pay a nonrefundable fee of one hundred	79141
dollars at the time the application is submitted through June 30,	79142
~~2012~~2014, and a nonrefundable fee of fifteen dollars at the time	79143
the application is submitted on and after July 1, ~~2012~~2014.	79144
~~Through~~Except as provided in division (S)(3) of this section,	79145
through June 30, ~~2012~~2014, any person applying for a national	79146
pollutant discharge elimination system permit under Chapter 6111.	79147
of the Revised Code shall pay a nonrefundable fee of two hundred	79148
dollars at the time of application for the permit. On and after	79149
July 1, ~~2012~~2014, such a person shall pay a nonrefundable fee of	79150
fifteen dollars at the time of application.	79151

In addition to the application fee established under division	79152
(S)(1) of this section, any person applying for a national	79153
pollutant discharge elimination system general storm water	79154
construction permit shall pay a nonrefundable fee of twenty	79155
dollars per acre for each acre that is permitted above five acres	79156
at the time the application is submitted. However, the per acreage	79157
fee shall not exceed three hundred dollars. In addition, any	79158
person applying for a national pollutant discharge elimination	79159
system general storm water industrial permit shall pay a	79160
nonrefundable fee of one hundred fifty dollars at the time the	79161
application is submitted.	79162

The director shall transmit all moneys collected under	79163
division (S)(1) of this section pursuant to Chapter 6109. of the	79164
Revised Code to the treasurer of state for deposit into the	79165
drinking water protection fund created in section 6109.30 of the	79166
Revised Code.	79167

The director shall transmit all moneys collected under	79168
division (S)(1) of this section pursuant to Chapter 6111. of the	79169
Revised Code and under division (S)(3) of this section to the	79170
treasurer of state for deposit into the surface water protection	79171
fund created in section 6111.038 of the Revised Code.	79172

If a registration certificate is issued under section	79173
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	79174
the application fee paid shall be deducted from the amount of the	79175
registration certificate fee due under division (R)(1), (2), or	79176
(5) of this section, as applicable.	79177

If a person submits an electronic application for a	79178
registration certificate, permit, variance, or plan approval for	79179
which an application fee is established under division (S)(1) of	79180
this section, the person shall pay the applicable application fee	79181
as expeditiously as possible after the submission of the	79182
electronic application. An application for a registration	79183
certificate, permit, variance, or plan approval for which an	79184
application fee is established under division (S)(1) of this	79185
section shall not be reviewed or processed until the applicable	79186
application fee, and any other fees established under this	79187
division, are paid.	79188

(2) Division (S)(1) of this section does not apply to an	79189
application for a registration certificate for a scrap tire	79190
collection or storage facility submitted under section 3734.75 or	79191
3734.76 of the Revised Code, as applicable, if the owner or	79192
operator of the facility or proposed facility is a motor vehicle	79193
salvage dealer licensed under Chapter 4738. of the Revised Code.	79194

(3) A person applying for coverage under a national pollutant	79195
discharge elimination system general discharge permit for	79196
household sewage treatment systems shall pay the following fees:	79197

(a) A nonrefundable fee of two hundred dollars at the time of	79198
application for initial permit coverage;	79199

(b) A nonrefundable fee of one hundred dollars at the time of	79200
application for a renewal of permit coverage.	79201

(T) The director may adopt, amend, and rescind rules in	79202
accordance with Chapter 119. of the Revised Code that do all of	79203
the following:	79204

(1) Prescribe fees to be paid by applicants for and holders	79205
of any license, permit, variance, plan approval, or certification	79206
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	79207
the Revised Code that are not specifically established in this	79208
section. The fees shall be designed to defray the cost of	79209
processing, issuing, revoking, modifying, denying, and enforcing	79210
the licenses, permits, variances, plan approvals, and	79211
certifications.	79212

The director shall transmit all moneys collected under rules	79213
adopted under division (T)(1) of this section pursuant to Chapter	79214
6109. of the Revised Code to the treasurer of state for deposit	79215
into the drinking water protection fund created in section 6109.30	79216
of the Revised Code.	79217

The director shall transmit all moneys collected under rules	79218
adopted under division (T)(1) of this section pursuant to Chapter	79219
6111. of the Revised Code to the treasurer of state for deposit	79220
into the surface water protection fund created in section 6111.038	79221
of the Revised Code.	79222

(2) Exempt the state and political subdivisions thereof,	79223
including education facilities or medical facilities owned by the	79224
state or a political subdivision, or any person exempted from	79225
taxation by section 5709.07 or 5709.12 of the Revised Code, from	79226
any fee required by this section;	79227

(3) Provide for the waiver of any fee, or any part thereof,	79228
otherwise required by this section whenever the director	79229
determines that the imposition of the fee would constitute an	79230
unreasonable cost of doing business for any applicant, class of	79231
applicants, or other person subject to the fee;	79232

(4) Prescribe measures that the director considers necessary	79233
to carry out this section.	79234

(U) When the director reasonably demonstrates that the direct	79235
cost to the state associated with the issuance of a permit to	79236
install, license, variance, plan approval, or certification	79237
exceeds the fee for the issuance or review specified by this	79238
section, the director may condition the issuance or review on the	79239
payment by the person receiving the issuance or review of, in	79240
addition to the fee specified by this section, the amount, or any	79241
portion thereof, in excess of the fee specified under this	79242
section. The director shall not so condition issuances for which	79243
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	79244
section.	79245

(V) Except as provided in divisions (L), (M), and (P) of this	79246
section or unless otherwise prescribed by a rule of the director	79247
adopted pursuant to Chapter 119. of the Revised Code, all fees	79248
required by this section are payable within thirty days after the	79249
issuance of an invoice for the fee by the director or the	79250
effective date of the issuance of the license, permit, variance,	79251
plan approval, or certification. If payment is late, the person	79252
responsible for payment of the fee shall pay an additional ten per	79253
cent of the amount due for each month that it is late.	79254

(W) As used in this section, "fuel-burning equipment,"	79255
"fuel-burning equipment input capacity," "incinerator,"	79256
"incinerator input capacity," "process," "process weight rate,"	79257
"storage tank," "gasoline dispensing facility," "dry cleaning	79258
facility," "design flow discharge," and "new source treatment	79259
works" have the meanings ascribed to those terms by applicable	79260
rules or standards adopted by the director under Chapter 3704. or	79261
6111. of the Revised Code.	79262

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	79263
and (J) of this section, and in any other provision of this	79264
section pertaining to fees paid pursuant to Chapter 3704. of the	79265
Revised Code:	79266

(1) "Facility," "federal Clean Air Act," "person," and "Title	79267
V permit" have the same meanings as in section 3704.01 of the	79268
Revised Code.	79269

(2) "Title V permit program" means the following activities	79270
as necessary to meet the requirements of Title V of the federal	79271
Clean Air Act and 40 C.F.R. part 70, including at least:	79272

(a) Preparing and adopting, if applicable, generally	79273
applicable rules or guidance regarding the permit program or its	79274
implementation or enforcement;	79275

(b) Reviewing and acting on any application for a Title V	79276
permit, permit revision, or permit renewal, including the	79277
development of an applicable requirement as part of the processing	79278
of a permit, permit revision, or permit renewal;	79279

(c) Administering the permit program, including the	79280
supporting and tracking of permit applications, compliance	79281
certification, and related data entry;	79282

(d) Determining which sources are subject to the program and	79283
implementing and enforcing the terms of any Title V permit, not	79284
including any court actions or other formal enforcement actions;	79285

(e) Emission and ambient monitoring;

79286

(f) Modeling, analyses, or demonstrations;

79287

(g) Preparing inventories and tracking emissions;

79288

(h) Providing direct and indirect support to small business	79289
stationary sources to determine and meet their obligations under	79290
the federal Clean Air Act pursuant to the small business	79291
stationary source technical and environmental compliance	79292
assistance program required by section 507 of that act and	79293
established in sections 3704.18, 3704.19, and 3706.19 of the	79294
Revised Code.	79295

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	79296
of this section, each sewage sludge facility shall pay a	79297
nonrefundable annual sludge fee equal to three dollars and fifty	79298
cents per dry ton of sewage sludge, including the dry tons of	79299
sewage sludge in materials derived from sewage sludge, that the	79300
sewage sludge facility treats or disposes of in this state. The	79301
annual volume of sewage sludge treated or disposed of by a sewage	79302
sludge facility shall be calculated using the first day of January	79303
through the thirty-first day of December of the calendar year	79304
preceding the date on which payment of the fee is due.	79305

(2)(a) Except as provided in division (Y)(2)(d) of this	79306
section, each sewage sludge facility shall pay a minimum annual	79307
sewage sludge fee of one hundred dollars.	79308

(b) The annual sludge fee required to be paid by a sewage	79309
sludge facility that treats or disposes of exceptional quality	79310
sludge in this state shall be thirty-five per cent less per dry	79311
ton of exceptional quality sludge than the fee assessed under	79312
division (Y)(1) of this section, subject to the following	79313
exceptions:	79314

(i) Except as provided in division (Y)(2)(d) of this section,	79315
a sewage sludge facility that treats or disposes of exceptional	79316
quality sludge shall pay a minimum annual sewage sludge fee of one	79317
hundred dollars.	79318

(ii) A sewage sludge facility that treats or disposes of	79319
exceptional quality sludge shall not be required to pay the annual	79320
sludge fee for treatment or disposal in this state of exceptional	79321
quality sludge generated outside of this state and contained in	79322
bags or other containers not greater than one hundred pounds in	79323
capacity.	79324

A thirty-five per cent reduction for exceptional quality	79325
sludge applies to the maximum annual fees established under	79326
division (Y)(3) of this section.	79327

(c) A sewage sludge facility that transfers sewage sludge to	79328
another sewage sludge facility in this state for further treatment	79329
prior to disposal in this state shall not be required to pay the	79330
annual sludge fee for the tons of sewage sludge that have been	79331
transferred. In such a case, the sewage sludge facility that	79332
disposes of the sewage sludge shall pay the annual sludge fee.	79333
However, the facility transferring the sewage sludge shall pay the	79334
one-hundred-dollar minimum fee required under division (Y)(2)(a)	79335
of this section.	79336

In the case of a sewage sludge facility that treats sewage	79337
sludge in this state and transfers it out of this state to another	79338
entity for disposal, the sewage sludge facility in this state	79339
shall be required to pay the annual sludge fee for the tons of	79340
sewage sludge that have been transferred.	79341

(d) A sewage sludge facility that generates sewage sludge	79342
resulting from an average daily discharge flow of less than five	79343
thousand gallons per day is not subject to the fees assessed under	79344
division (Y) of this section.	79345

(3) No sewage sludge facility required to pay the annual	79346
sludge fee shall be required to pay more than the maximum annual	79347
fee for each disposal method that the sewage sludge facility uses.	79348
The maximum annual fee does not include the additional amount that	79349
may be charged under division (Y)(5) of this section for late	79350
payment of the annual sludge fee. The maximum annual fee for the	79351
following methods of disposal of sewage sludge is as follows:	79352

(a) Incineration: five thousand dollars;

79353

(b) Preexisting land reclamation project or disposal in a	79354
landfill: five thousand dollars;	79355

(c) Land application, land reclamation, surface disposal, or	79356
any other disposal method not specified in division (Y)(3)(a) or	79357
(b) of this section: twenty thousand dollars.	79358

(4)(a) In the case of an entity that generates sewage sludge	79359
or a sewage sludge facility that treats sewage sludge and	79360
transfers the sewage sludge to an incineration facility for	79361
disposal, the incineration facility, and not the entity generating	79362
the sewage sludge or the sewage sludge facility treating the	79363
sewage sludge, shall pay the annual sludge fee for the tons of	79364
sewage sludge that are transferred. However, the entity or	79365
facility generating or treating the sewage sludge shall pay the	79366
one-hundred-dollar minimum fee required under division (Y)(2)(a)	79367
of this section.	79368

(b) In the case of an entity that generates sewage sludge and	79369
transfers the sewage sludge to a landfill for disposal or to a	79370
sewage sludge facility for land reclamation or surface disposal,	79371
the entity generating the sewage sludge, and not the landfill or	79372
sewage sludge facility, shall pay the annual sludge fee for the	79373
tons of sewage sludge that are transferred.	79374

(5) Not later than the first day of April of the calendar	79375
year following March 17, 2000, and each first day of April	79376
thereafter, the director shall issue invoices to persons who are	79377
required to pay the annual sludge fee. The invoice shall identify	79378
the nature and amount of the annual sludge fee assessed and state	79379
the first day of May as the deadline for receipt by the director	79380
of objections regarding the amount of the fee and the first day of	79381
July as the deadline for payment of the fee.	79382

Not later than the first day of May following receipt of an	79383
invoice, a person required to pay the annual sludge fee may submit	79384
objections to the director concerning the accuracy of information	79385
regarding the number of dry tons of sewage sludge used to	79386
calculate the amount of the annual sludge fee or regarding whether	79387
the sewage sludge qualifies for the exceptional quality sludge	79388
discount established in division (Y)(2)(b) of this section. The	79389
director may consider the objections and adjust the amount of the	79390
fee to ensure that it is accurate.	79391

If the director does not adjust the amount of the annual	79392
sludge fee in response to a person's objections, the person may	79393
appeal the director's determination in accordance with Chapter	79394
119. of the Revised Code.	79395

Not later than the first day of June, the director shall	79396
notify the objecting person regarding whether the director has	79397
found the objections to be valid and the reasons for the finding.	79398
If the director finds the objections to be valid and adjusts the	79399
amount of the annual sludge fee accordingly, the director shall	79400
issue with the notification a new invoice to the person	79401
identifying the amount of the annual sludge fee assessed and	79402
stating the first day of July as the deadline for payment.	79403

Not later than the first day of July, any person who is	79404
required to do so shall pay the annual sludge fee. Any person who	79405
is required to pay the fee, but who fails to do so on or before	79406
that date shall pay an additional amount that equals ten per cent	79407
of the required annual sludge fee.	79408

(6) The director shall transmit all moneys collected under	79409
division (Y) of this section to the treasurer of state for deposit	79410
into the surface water protection fund created in section 6111.038	79411
of the Revised Code. The moneys shall be used to defray the costs	79412
of administering and enforcing provisions in Chapter 6111. of the	79413
Revised Code and rules adopted under it that govern the use,	79414
storage, treatment, or disposal of sewage sludge.	79415

(7) Beginning in fiscal year 2001, and every two years	79416
thereafter, the director shall review the total amount of moneys	79417
generated by the annual sludge fees to determine if that amount	79418
exceeded six hundred thousand dollars in either of the two	79419
preceding fiscal years. If the total amount of moneys in the fund	79420
exceeded six hundred thousand dollars in either fiscal year, the	79421
director, after review of the fee structure and consultation with	79422
affected persons, shall issue an order reducing the amount of the	79423
fees levied under division (Y) of this section so that the	79424
estimated amount of moneys resulting from the fees will not exceed	79425
six hundred thousand dollars in any fiscal year.	79426

If, upon review of the fees under division (Y)(7) of this	79427
section and after the fees have been reduced, the director	79428
determines that the total amount of moneys collected and	79429
accumulated is less than six hundred thousand dollars, the	79430
director, after review of the fee structure and consultation with	79431
affected persons, may issue an order increasing the amount of the	79432
fees levied under division (Y) of this section so that the	79433
estimated amount of moneys resulting from the fees will be	79434
approximately six hundred thousand dollars. Fees shall never be	79435
increased to an amount exceeding the amount specified in division	79436
(Y)(7) of this section.	79437

Notwithstanding section 119.06 of the Revised Code, the	79438
director may issue an order under division (Y)(7) of this section	79439
without the necessity to hold an adjudicatory hearing in	79440
connection with the order. The issuance of an order under this	79441
division is not an act or action for purposes of section 3745.04	79442
of the Revised Code.	79443

(8) As used in division (Y) of this section:

79444

(a) "Sewage sludge facility" means an entity that performs	79445
treatment on or is responsible for the disposal of sewage sludge.	79446

(b) "Sewage sludge" means a solid, semi-solid, or liquid	79447
residue generated during the treatment of domestic sewage in a	79448
treatment works as defined in section 6111.01 of the Revised Code.	79449
"Sewage sludge" includes, but is not limited to, scum or solids	79450
removed in primary, secondary, or advanced wastewater treatment	79451
processes. "Sewage sludge" does not include ash generated during	79452
the firing of sewage sludge in a sewage sludge incinerator, grit	79453
and screenings generated during preliminary treatment of domestic	79454
sewage in a treatment works, animal manure, residue generated	79455
during treatment of animal manure, or domestic septage.	79456

(c) "Exceptional quality sludge" means sewage sludge that	79457
meets all of the following qualifications:	79458

(i) Satisfies the class A pathogen standards in 40 C.F.R.	79459
503.32(a);	79460

(ii) Satisfies one of the vector attraction reduction	79461
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	79462

(iii) Does not exceed the ceiling concentration limitations	79463
for metals listed in table one of 40 C.F.R. 503.13;	79464

(iv) Does not exceed the concentration limitations for metals	79465
listed in table three of 40 C.F.R. 503.13.	79466

(d) "Treatment" means the preparation of sewage sludge for	79467
final use or disposal and includes, but is not limited to,	79468
thickening, stabilization, and dewatering of sewage sludge.	79469

(e) "Disposal" means the final use of sewage sludge,	79470
including, but not limited to, land application, land reclamation,	79471
surface disposal, or disposal in a landfill or an incinerator.	79472

(f) "Land application" means the spraying or spreading of	79473
sewage sludge onto the land surface, the injection of sewage	79474
sludge below the land surface, or the incorporation of sewage	79475
sludge into the soil for the purposes of conditioning the soil or	79476
fertilizing crops or vegetation grown in the soil.	79477

(g) "Land reclamation" means the returning of disturbed land	79478
to productive use.	79479

(h) "Surface disposal" means the placement of sludge on an	79480
area of land for disposal, including, but not limited to,	79481
monofills, surface impoundments, lagoons, waste piles, or	79482
dedicated disposal sites.	79483

(i) "Incinerator" means an entity that disposes of sewage	79484
sludge through the combustion of organic matter and inorganic	79485
matter in sewage sludge by high temperatures in an enclosed	79486
device.	79487

(j) "Incineration facility" includes all incinerators owned	79488
or operated by the same entity and located on a contiguous tract	79489
of land. Areas of land are considered to be contiguous even if	79490
they are separated by a public road or highway.	79491

(k) "Annual sludge fee" means the fee assessed under division	79492
(Y)(1) of this section.	79493

(l) "Landfill" means a sanitary landfill facility, as defined	79494
in rules adopted under section 3734.02 of the Revised Code, that	79495
is licensed under section 3734.05 of the Revised Code.	79496

(m) "Preexisting land reclamation project" means a	79497
property-specific land reclamation project that has been in	79498
continuous operation for not less than five years pursuant to	79499
approval of the activity by the director and includes the	79500
implementation of a community outreach program concerning the	79501
activity.	79502

Sec. 3746.02. (A) Nothing in this chapter applies to any of	79503
the following:	79504

(1) Property for which a voluntary action under this chapter	79505
is precluded by federal law or regulations adopted under federal	79506
law, including, without limitation, any of the following federal	79507
laws or regulations adopted thereunder:	79508

(a) The "Federal Water Pollution Control Act Amendments of	79509
1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended;	79510

(b) The "Resource Conservation and Recovery Act of 1976," 90	79511
Stat. 2806, 42 U.S.C.A. 6921, as amended;	79512

(c) The "Toxic Substances Control Act," 90 Stat. 2003 (1976),	79513
15 U.S.C.A. 2601, as amended;	79514

(d) The "Comprehensive Environmental Response, Compensation,	79515
and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9601, as	79516
amended;	79517

(e) The "Safe Drinking Water Act," 88 Stat. 1661 (1974), 42	79518
U.S.C.A. 300(f), as amended.	79519

(2) Those portions of property where closure of a hazardous	79520
waste facility or solid waste facility is required under Chapter	79521
3734. of the Revised Code or rules adopted under it;	79522

(3) ~~Property or~~Except for a class C release as defined in	79523
section 3737.87 of the Revised Code, properties regardless of	79524
ownership that are subject to remediation rules adopted under the	79525
authority of the division of fire marshal in the department of	79526
commerce, including remediation rules adopted under sections	79527
3737.88, 3737.882, and 3737.889 of the Revised Code;	79528

(4) Property that is subject to Chapter 1509. of the Revised	79529
Code;	79530

(5) Any other property if the director of environmental	79531
protection has issued a letter notifying the owner or operator of	79532
the property that hethe director will issue an enforcement order	79533
under Chapter 3704., 3734., or 6111. of the Revised Code, a	79534
release or threatened release of a hazardous substance or	79535
petroleum from or at the property poses a substantial threat to	79536
public health or safety or the environment, and the person subject	79537
to the order does not present sufficient evidence to the director	79538
that hethe person has entered into the voluntary action program	79539
under this chapter and is proceeding expeditiously to address that	79540
threat. For the purposes of this division, the evidence	79541
constituting sufficient evidence of entry into the voluntary	79542
action program under this chapter shall be defined by the director	79543
by rules adopted under section 3746.04 of the Revised Code. Until	79544
such time as the director has adopted those rules, the director,	79545
at a minimum, shall consider the existence of a contract with a	79546
certified professional to appropriately respond to the threat	79547
named in the director's letter informing the person of ~~his~~the	79548
director's intent to issue an enforcement order and the	79549
availability of financial resources to complete the contract to be	79550
sufficient evidence of entry into the program.	79551

(B) The application of any provision of division (A) of this	79552
section to a portion of property does not preclude participation	79553
in the voluntary action program under this chapter in connection	79554
with other portions of the property where those provisions do not	79555
apply.	79556

(C) As used in this section, "property" means any parcel of	79557
real property, or portion thereof, and any improvements thereto.	79558

Sec. 3750.081. (A) Notwithstanding any provision in this	79559
chapter to the contrary, an owner or operator of a facility that	79560
is regulated under Chapter 1509. of the Revised Code who has filed	79561
a log in accordance with section 1509.10 of the Revised Code and a	79562
production statement in accordance with section 1509.11 of the	79563
Revised Code shall be deemed to have satisfied all of the	79564
inventory, notification, listing, and other submission and filing	79565
requirements established under this chapter, except for the	79566
release reporting requirements established under section 3750.06	79567
of the Revised Code.	79568

(B) The emergency response commission and every local	79569
emergency planning committee and fire department in this state	79570
shall establish a means by which to access, view, and retrieve	79571
information, through the use of the internet or a computer disk,	79572
from the electronic database maintained by the division of ~~mineral~~	79573
oil and gas resources management in the department of natural	79574
resources in accordance with section 1509.23 of the Revised Code.	79575
With respect to facilities regulated under Chapter 1509. of the	79576
Revised Code, the database shall be the means of providing and	79577
receiving the information described in division (A) of this	79578
section.	79579

Sec. 3767.32. (A) No person, regardless of intent, shall	79580
deposit litter or cause litter to be deposited on any public	79581
property, on private property not owned by ~~him~~the person, or in	79582
or on waters of the state unless one of the following applies:	79583

(1) The person is directed to do so by a public official as	79584
part of a litter collection drive;	79585

(2) Except as provided in division (B) of this section, the	79586
person deposits the litter in a litter receptacle in a manner that	79587
prevents its being carried away by the elements;	79588

(3) The person is issued a permit or license covering the	79589
litter pursuant to Chapter 3734. or 6111. of the Revised Code.	79590

(B) No person, without privilege to do so, shall knowingly	79591
deposit litter, or cause it to be deposited, in a litter	79592
receptacle located on any public property or on any private	79593
property not owned by ~~him~~the person unless one of the following	79594
applies:	79595

(1) The litter was generated or located on the property on	79596
which the litter receptacle is located;	79597

(2) The person is directed to do so by a public official as	79598
part of a litter collection drive;	79599

(3) The person is directed to do so by a person whom hethe	79600
person reasonably believes to have the privilege to use the litter	79601
receptacle;	79602

(4) The litter consists of any of the following:

79603

(a) The contents of a litter bag or container of a type and	79604
size customarily carried and used in a motor vehicle;	79605

(b) The contents of an ash tray of a type customarily	79606
installed or carried and used in a motor vehicle;	79607

(c) Beverage containers and food sacks, wrappings, and	79608
containers of a type and in an amount that reasonably may be	79609
expected to be generated during routine commuting or business or	79610
recreational travel by a motor vehicle;	79611

(d) Beverage containers, food sacks, wrappings, containers,	79612
and other materials of a type and in an amount that reasonably may	79613
be expected to be generated during a routine day by a person and	79614
deposited in a litter receptacle by a casual passerby.	79615

(C)(1) As used in division (B)(1) of this section, "public	79616
property" includes any private property open to the public for the	79617
conduct of business, the provision of a service, or upon the	79618
payment of a fee, but does not include any private property to	79619
which the public otherwise does not have a right of access.	79620

(2) As used in division (B)(4) of this section, "casual	79621
passerby" means a person who does not have depositing litter in a	79622
litter receptacle as ~~his~~the person's primary reason for traveling	79623
to or by the property on which the litter receptacle is located.	79624

(D) As used in this section:

79625

(1) "Litter" means garbage, trash, waste, rubbish, ashes,	79626
cans, bottles, wire, paper, cartons, boxes, automobile parts,	79627
furniture, glass, or anything else of an unsightly or unsanitary	79628
nature.	79629

(2) "Deposit" means to throw, drop, discard, or place.

79630

(3) "Litter receptacle" means a dumpster, trash can, trash	79631
bin, garbage can, or similar container in which litter is	79632
deposited for removal.	79633

(E) This section may be enforced by any sheriff, deputy	79634
sheriff, police officer of a municipal corporation, police	79635
constable or officer of a township, or township or joint police	79636
district, wildlife officer, park officer, forest officer, preserve	79637
officer, conservancy district police officer, inspector of	79638
nuisances of a county, or any other law enforcement officer within	79639
~~his~~the law enforcement officer's jurisdiction.	79640

Sec. 3769.08. (A) Any person holding a permit to conduct a	79641
horse-racing meeting may provide a place in the race meeting	79642
grounds or enclosure at which the permit holder may conduct and	79643
supervise the pari-mutuel system of wagering by patrons of legal	79644
age on the live racing programs and simulcast racing programs	79645
conducted by the permit holder.	79646

The pari-mutuel method of wagering upon the live racing	79647
programs and simulcast racing programs held at or conducted within	79648
such race track, and at the time of such horse-racing meeting, or	79649
at other times authorized by the state racing commission, shall	79650
not be unlawful. No other place, except that provided and	79651
designated by the permit holder and except as provided in section	79652
3769.26 of the Revised Code, nor any other method or system of	79653
betting or wagering, except the pari-mutuel system, shall be used	79654
or permitted by the permit holder; nor, except as provided in	79655
section 3769.089 or 3769.26 of the Revised Code, shall the	79656
pari-mutuel system of wagering be conducted by the permit holder	79657
on any races except the races at the race track, grounds, or	79658
enclosure for which the person holds a permit. Each permit holder	79659
may retain as a commission an amount not to exceed eighteen per	79660
cent of the total of all moneys wagered.	79661

The pari-mutuel wagering authorized by this section is	79662
subject to sections 3769.25 to 3769.28 of the Revised Code.	79663

(B) At the close of each racing day, each permit holder	79664
authorized to conduct thoroughbred racing, out of the amount	79665
retained on that day by the permit holder, shall pay by check,	79666
draft, or money order to the tax commissioner, as a tax, a sum	79667
equal to the following percentages of the total of all moneys	79668
wagered on live racing programs on that day and shall separately	79669
compute and pay by check, draft, or money order to the tax	79670
commissioner, as a tax, a sum equal to the following percentages	79671
of the total of all money wagered on simulcast racing programs on	79672
that day:	79673

(1) One per cent of the first two hundred thousand dollars	79674
wagered, or any part of that amount;	79675

(2) Two per cent of the next one hundred thousand dollars	79676
wagered, or any part of that amount;	79677

(3) Three per cent of the next one hundred thousand dollars	79678
wagered, or any part of that amount;	79679

(4) Four per cent of all sums over four hundred thousand	79680
dollars wagered.	79681

Except as otherwise provided in section 3769.089 of the	79682
Revised Code, each permit holder authorized to conduct	79683
thoroughbred racing shall use for purse money a sum equal to fifty	79684
per cent of the pari-mutuel revenues retained by the permit holder	79685
as a commission after payment of the state tax. This fifty per	79686
cent payment shall be in addition to the purse distribution from	79687
breakage specified in this section.	79688

Subject to division (M) of this section, from the moneys paid	79689
to the tax commissioner by thoroughbred racing permit holders,	79690
one-half of one per cent of the total of all moneys so wagered on	79691
a racing day shall be paid into the Ohio fairs fund created by	79692
section 3769.082 of the Revised Code, one and one-eighth per cent	79693
of the total of all moneys so wagered on a racing day shall be	79694
paid into the Ohio thoroughbred race fund created by section	79695
3769.083 of the Revised Code, and one-quarter of one per cent of	79696
the total of all moneys wagered on a racing day by each permit	79697
holder shall be paid into the state racing commission operating	79698
fund created by section 3769.03 of the Revised Code. The required	79699
payment to the state racing commission operating fund does not	79700
apply to county and independent fairs and agricultural societies.	79701
The remaining moneys may be retained by the permit holder, except	79702
as provided in this section with respect to the odd cents	79703
redistribution. Amounts paid into the ~~PASSPORT~~nursing home	79704
franchise permit fee fund pursuant to this section and section	79705
3769.26 of the Revised Code shall be used solely for the support	79706
of the PASSPORT program as determined in appropriations made by	79707
the general assembly. If the PASSPORT program is abolished, the	79708
amount that would have been paid to the ~~PASSPORT~~nursing home	79709
franchise permit fee fund under this chapter shall be paid to the	79710
general revenue fund of the state. As used in this chapter,	79711
"PASSPORT program" means the PASSPORT program created under	79712
section 173.40 of the Revised Code.	79713

The total amount paid to the Ohio thoroughbred race fund	79714
under this section and division (A) of section 3769.087 of the	79715
Revised Code shall not exceed by more than six per cent the total	79716
amount paid to this fund under this section and that section	79717
during the immediately preceding calendar year.	79718

Each year, the total amount calculated for payment into the	79719
Ohio fairs fund under this division, division (C) of this section,	79720
and division (A) of section 3769.087 of the Revised Code shall be	79721
an amount calculated using the percentages specified in this	79722
division, division (C) of this section, and division (A) of	79723
section 3769.087 of the Revised Code.	79724

A permit holder may contract with a thoroughbred horsemen's	79725
organization for the organization to act as a representative of	79726
all thoroughbred owners and trainers participating in a	79727
horse-racing meeting conducted by the permit holder. A	79728
"thoroughbred horsemen's organization" is any corporation or	79729
association that represents, through membership or otherwise, more	79730
than one-half of the aggregate of all thoroughbred owners and	79731
trainers who were licensed and actively participated in racing	79732
within this state during the preceding calendar year. Except as	79733
otherwise provided in this paragraph, any moneys received by a	79734
thoroughbred horsemen's organization shall be used exclusively for	79735
the benefit of thoroughbred owners and trainers racing in this	79736
state through the administrative purposes of the organization,	79737
benevolent activities on behalf of the horsemen, promotion of the	79738
horsemen's rights and interests, and promotion of equine research.	79739
A thoroughbred horsemen's organization may expend not more than an	79740
aggregate of five per cent of its annual gross receipts, or a	79741
larger amount as approved by the organization, for dues,	79742
assessments, and other payments to all other local, national, or	79743
international organizations having as their primary purposes the	79744
promotion of thoroughbred horse racing, thoroughbred horsemen's	79745
rights, and equine research.	79746

(C) Except as otherwise provided in division (B) of this	79747
section, at the close of each racing day, each permit holder	79748
authorized to conduct harness or quarter horse racing, out of the	79749
amount retained that day by the permit holder, shall pay by check,	79750
draft, or money order to the tax commissioner, as a tax, a sum	79751
equal to the following percentages of the total of all moneys	79752
wagered on live racing programs and shall separately compute and	79753
pay by check, draft, or money order to the tax commissioner, as a	79754
tax, a sum equal to the following percentages of the total of all	79755
money wagered on simulcast racing programs on that day:	79756

(1) One per cent of the first two hundred thousand dollars	79757
wagered, or any part of that amount;	79758

(2) Two per cent of the next one hundred thousand dollars	79759
wagered, or any part of that amount;	79760

(3) Three per cent of the next one hundred thousand dollars	79761
wagered, or any part of that amount;	79762

(4) Four per cent of all sums over four hundred thousand	79763
dollars wagered.	79764

Except as otherwise provided in division (B) and subject to	79765
division (M) of this section, from the moneys paid to the tax	79766
commissioner by permit holders authorized to conduct harness or	79767
quarter horse racing, one-half of one per cent of all moneys	79768
wagered on that racing day shall be paid into the Ohio fairs fund;	79769
from the moneys paid to the tax commissioner by permit holders	79770
authorized to conduct harness racing, five-eighths of one per cent	79771
of all moneys wagered on that racing day shall be paid into the	79772
Ohio standardbred development fund; and from the moneys paid to	79773
the tax commissioner by permit holders authorized to conduct	79774
quarter horse racing, five-eighths of one per cent of all moneys	79775
wagered on that racing day shall be paid into the Ohio quarter	79776
horse development fund.	79777

(D) In addition, subject to division (M) of this section,	79778
beginning on January 1, 1996, from the money paid to the tax	79779
commissioner as a tax under this section and division (A) of	79780
section 3769.087 of the Revised Code by harness horse permit	79781
holders, one-half of one per cent of the amount wagered on a	79782
racing day shall be paid into the Ohio standardbred development	79783
fund. Beginning January 1, 1998, the payment to the Ohio	79784
standardbred development fund required under this division does	79785
not apply to county agricultural societies or independent	79786
agricultural societies.	79787

The total amount paid to the Ohio standardbred development	79788
fund under this division, division (C) of this section, and	79789
division (A) of section 3769.087 of the Revised Code and the total	79790
amount paid to the Ohio quarter horse development fund under this	79791
division and division (A) of that section shall not exceed by more	79792
than six per cent the total amount paid into the fund under this	79793
division, division (C) of this section, and division (A) of	79794
section 3769.087 of the Revised Code in the immediately preceding	79795
calendar year.	79796

(E) Subject to division (M) of this section, from the money	79797
paid as a tax under this chapter by harness and quarter horse	79798
permit holders, one-quarter of one per cent of the total of all	79799
moneys wagered on a racing day by each permit holder shall be paid	79800
into the state racing commission operating fund created by section	79801
3769.03 of the Revised Code. This division does not apply to	79802
county and independent fairs and agricultural societies.	79803

(F) Except as otherwise provided in section 3769.089 of the	79804
Revised Code, each permit holder authorized to conduct harness	79805
racing shall pay to the harness horsemen's purse pool a sum equal	79806
to fifty per cent of the pari-mutuel revenues retained by the	79807
permit holder as a commission after payment of the state tax. This	79808
fifty per cent payment is to be in addition to the purse	79809
distribution from breakage specified in this section.	79810

(G) In addition, each permit holder authorized to conduct	79811
harness racing shall be allowed to retain the odd cents of all	79812
redistribution to be made on all mutual contributions exceeding a	79813
sum equal to the next lowest multiple of ten.	79814

Forty per cent of that portion of that total sum of such odd	79815
cents shall be used by the permit holder for purse money for Ohio	79816
sired, bred, and owned colts, for purse money for Ohio bred	79817
horses, and for increased purse money for horse races. Upon the	79818
formation of the corporation described in section 3769.21 of the	79819
Revised Code to establish a harness horsemen's health and	79820
retirement fund, twenty-five per cent of that portion of that	79821
total sum of odd cents shall be paid at the close of each racing	79822
day by the permit holder to that corporation to establish and fund	79823
the health and retirement fund. Until that corporation is formed,	79824
that twenty-five per cent shall be paid at the close of each	79825
racing day by the permit holder to the tax commissioner or the tax	79826
commissioner's agent in the county seat of the county in which the	79827
permit holder operates race meetings. The remaining thirty-five	79828
per cent of that portion of that total sum of odd cents shall be	79829
retained by the permit holder.	79830

(H) In addition, each permit holder authorized to conduct	79831
thoroughbred racing shall be allowed to retain the odd cents of	79832
all redistribution to be made on all mutuel contributions	79833
exceeding a sum equal to the next lowest multiple of ten. Twenty	79834
per cent of that portion of that total sum of such odd cents shall	79835
be used by the permit holder for increased purse money for horse	79836
races. Upon the formation of the corporation described in section	79837
3769.21 of the Revised Code to establish a thoroughbred horsemen's	79838
health and retirement fund, forty-five per cent of that portion of	79839
that total sum of odd cents shall be paid at the close of each	79840
racing day by the permit holder to that corporation to establish	79841
and fund the health and retirement fund. Until that corporation is	79842
formed, that forty-five per cent shall be paid by the permit	79843
holder to the tax commissioner or the tax commissioner's agent in	79844
the county seat of the county in which the permit holder operates	79845
race meetings, at the close of each racing day. The remaining	79846
thirty-five per cent of that portion of that total sum of odd	79847
cents shall be retained by the permit holder.	79848

(I) In addition, each permit holder authorized to conduct	79849
quarter horse racing shall be allowed to retain the odd cents of	79850
all redistribution to be made on all mutuel contributions	79851
exceeding a sum equal to the next lowest multiple of ten, subject	79852
to a tax of twenty-five per cent on that portion of the total sum	79853
of such odd cents that is in excess of two thousand dollars during	79854
a calendar year, which tax shall be paid at the close of each	79855
racing day by the permit holder to the tax commissioner or the tax	79856
commissioner's agent in the county seat of the county within which	79857
the permit holder operates race meetings. Forty per cent of that	79858
portion of that total sum of such odd cents shall be used by the	79859
permit holder for increased purse money for horse races. The	79860
remaining thirty-five per cent of that portion of that total sum	79861
of odd cents shall be retained by the permit holder.	79862

(J)(1) To encourage the improvement of racing facilities for	79863
the benefit of the public, breeders, and horse owners, and to	79864
increase the revenue to the state from the increase in pari-mutuel	79865
wagering resulting from those improvements, the taxes paid by a	79866
permit holder to the state as provided for in this chapter shall	79867
be reduced by three-fourths of one per cent of the total amount	79868
wagered for those permit holders who make capital improvements to	79869
existing race tracks or construct new race tracks. The percentage	79870
of the reduction that may be taken each racing day shall equal	79871
seventy-five per cent of the taxes levied under divisions (B) and	79872
(C) of this section and section 3769.087 of the Revised Code, and	79873
division (F)(2) of section 3769.26 of the Revised Code, as	79874
applicable, divided by the calculated amount each fund should	79875
receive under divisions (B) and (C) of this section and section	79876
3769.087 of the Revised Code, and division (F)(2) of section	79877
3769.26 of the Revised Code and the reduction provided for in this	79878
division. If the resulting percentage is less than one, that	79879
percentage shall be multiplied by the amount of the reduction	79880
provided for in this division. Otherwise, the permit holder shall	79881
receive the full reduction provided for in this division. The	79882
amount of the allowable reduction not received shall be carried	79883
forward and applied against future tax liability. After any	79884
reductions expire, any reduction carried forward shall be treated	79885
as a reduction as provided for in this division.	79886

If more than one permit holder is authorized to conduct	79887
racing at the facility that is being built or improved, the cost	79888
of the new race track or capital improvement shall be allocated	79889
between or among all the permit holders in the ratio that the	79890
permit holders' number of racing days bears to the total number of	79891
racing days conducted at the facility.	79892

A reduction for a new race track or a capital improvement	79893
shall start from the day racing is first conducted following the	79894
date actual construction of the new race track or each capital	79895
improvement is completed and the construction cost has been	79896
approved by the racing commission, unless otherwise provided in	79897
this section. A reduction for a new race track or a capital	79898
improvement shall continue for a period of twenty-five years for	79899
new race tracks and for fifteen years for capital improvements if	79900
the construction of the capital improvement or new race track	79901
commenced prior to March 29, 1988, and for a period of ten years	79902
for new race tracks or capital improvements if the construction of	79903
the capital improvement or new race track commenced on or after	79904
March 29, 1988, but before ~~the effective date of this amendment~~	79905
June 6, 2001, or until the total tax reduction reaches seventy per	79906
cent of the approved cost of the new race track or capital	79907
improvement, as allocated to each permit holder, whichever occurs	79908
first. A reduction for a new race track or a capital improvement	79909
approved after ~~the effective date of this amendment~~June 6, 2001,	79910
shall continue until the total tax reduction reaches one hundred	79911
per cent of the approved cost of the new race track or capital	79912
improvement, as allocated to each permit holder.	79913

A reduction granted for a new race track or a capital	79914
improvement, the application for which was approved by the racing	79915
commission after March 29, 1988, but before ~~the effective date of~~	79916
~~this amendment~~June 6, 2001, shall not commence nor shall the	79917
ten-year period begin to run until all prior tax reductions with	79918
respect to the same race track have ended. The total tax reduction	79919
because of capital improvements shall not during any one year	79920
exceed for all permit holders using any one track three-fourths of	79921
one per cent of the total amount wagered, regardless of the number	79922
of capital improvements made. Several capital improvements to a	79923
race track may be consolidated in an application if the racing	79924
commission approved the application prior to March 29, 1988. No	79925
permit holder may receive a tax reduction for a capital	79926
improvement approved by the racing commission on or after March	79927
29, 1988, at a race track until all tax reductions have ended for	79928
all prior capital improvements approved by the racing commission	79929
under this section or section 3769.20 of the Revised Code at that	79930
race track. If there are two or more permit holders operating	79931
meetings at the same track, they may consolidate their	79932
applications. The racing commission shall notify the tax	79933
commissioner when the reduction of tax begins and when it ends.	79934

Each fiscal year the racing commission shall submit a report	79935
to the tax commissioner, the office of budget and management, and	79936
the legislative service commission. The report shall identify each	79937
capital improvement project undertaken under this division and in	79938
progress at each race track, indicate the total cost of each	79939
project, state the tax reduction that resulted from each project	79940
during the immediately preceding fiscal year, estimate the tax	79941
reduction that will result from each project during the current	79942
fiscal year, state the total tax reduction that resulted from all	79943
such projects at all race tracks during the immediately preceding	79944
fiscal year, and estimate the total tax reduction that will result	79945
from all such projects at all race tracks during the current	79946
fiscal year.	79947

(2) In order to qualify for the reduction in tax, a permit	79948
holder shall apply to the racing commission in such form as the	79949
commission may require and shall provide full details of the new	79950
race track or capital improvement, including a schedule for its	79951
construction and completion, and set forth the costs and expenses	79952
incurred in connection with it. The racing commission shall not	79953
approve an application unless the permit holder shows that a	79954
contract for the new race track or capital improvement has been	79955
let under an unrestricted competitive bidding procedure, unless	79956
the contract is exempted by the controlling board because of its	79957
unusual nature. In determining whether to approve an application,	79958
the racing commission shall consider whether the new race track or	79959
capital improvement will promote the safety, convenience, and	79960
comfort of the racing public and horse owners and generally tend	79961
towards the improvement of racing in this state.	79962

(3) If a new race track or capital improvement is approved by	79963
the racing commission and construction has started, the tax	79964
reduction may be authorized by the commission upon presentation of	79965
copies of paid bills in excess of one hundred thousand dollars or	79966
ten per cent of the approved cost, whichever is greater. After the	79967
initial authorization, the permit holder shall present copies of	79968
paid bills. If the permit holder is in substantial compliance with	79969
the schedule for construction and completion of the new race track	79970
or capital improvement, the racing commission may authorize the	79971
continuation of the tax reduction upon the presentation of the	79972
additional paid bills. The total amount of the tax reduction	79973
authorized shall not exceed the percentage of the approved cost of	79974
the new race track or capital improvement specified in division	79975
(J)(1) of this section. The racing commission may terminate any	79976
tax reduction immediately if a permit holder fails to complete the	79977
new race track or capital improvement, or to substantially comply	79978
with the schedule for construction and completion of the new race	79979
track or capital improvement. If a permit holder fails to complete	79980
a new race track or capital improvement, the racing commission	79981
shall order the permit holder to repay to the state the total	79982
amount of tax reduced. The normal tax paid by the permit holder	79983
shall be increased by three-fourths of one per cent of the total	79984
amount wagered until the total amount of the additional tax	79985
collected equals the total amount of tax reduced.	79986

(4) As used in this section:

79987

(a) "Capital improvement" means an addition, replacement, or	79988
remodeling of a structural unit of a race track facility costing	79989
at least one hundred thousand dollars, including, but not limited	79990
to, the construction of barns used exclusively for the race track	79991
facility, backstretch facilities for horsemen, paddock facilities,	79992
new pari-mutuel and totalizator equipment and appurtenances to	79993
that equipment purchased by the track, new access roads, new	79994
parking areas, the complete reconstruction, reshaping, and	79995
leveling of the racing surface and appurtenances, the installation	79996
of permanent new heating or air conditioning, roof replacement or	79997
restoration, installations of a permanent nature forming a part of	79998
the track structure, and construction of buildings that are	79999
located on a permit holder's premises. "Capital improvement" does	80000
not include the cost of replacement of equipment that is not	80001
permanently installed, ordinary repairs, painting, and maintenance	80002
required to keep a race track facility in ordinary operating	80003
condition.	80004

(b) "New race track" includes the reconstruction of a race	80005
track damaged by fire or other cause that has been declared by the	80006
racing commission, as a result of the damage, to be an inadequate	80007
facility for the safe operation of horse racing.	80008

(c) "Approved cost" includes all debt service and interest	80009
costs that are associated with a capital improvement or new race	80010
track and that the racing commission approves for a tax reduction	80011
under division (J) of this section.	80012

(5) The racing commission shall not approve an application	80013
for a tax reduction under this section if it has reasonable cause	80014
to believe that the actions or negligence of the permit holder	80015
substantially contributed to the damage suffered by the track due	80016
to fire or other cause. The racing commission shall obtain any	80017
data or information available from a fire marshal, law enforcement	80018
official, or insurance company concerning any fire or other damage	80019
suffered by a track, prior to approving an application for a tax	80020
reduction.	80021

(6) The approved cost to which a tax reduction applies shall	80022
be determined by generally accepted accounting principles and	80023
verified by an audit of the permit holder's records upon	80024
completion of the project by the racing commission, or by an	80025
independent certified public accountant selected by the permit	80026
holder and approved by the commission.	80027

(K) No other license or excise tax or fee, except as provided	80028
in sections 3769.01 to 3769.14 of the Revised Code, shall be	80029
assessed or collected from such licensee by any county, township,	80030
district, municipal corporation, or other body having power to	80031
assess or collect a tax or fee. That portion of the tax paid under	80032
this section by permit holders for racing conducted at and during	80033
the course of an agricultural exposition or fair, and that portion	80034
of the tax that would have been paid by eligible permit holders	80035
into the ~~PASSPORT~~nursing home franchise permit fee fund as a	80036
result of racing conducted at and during the course of an	80037
agricultural exposition or fair, shall be deposited into the state	80038
treasury to the credit of the horse racing tax fund, which is	80039
hereby created for the use of the agricultural societies of the	80040
several counties in which the taxes originate. The state racing	80041
commission shall determine eligible permit holders for purposes of	80042
the preceding sentence, taking into account the breed of horse,	80043
the racing dates, the geographic proximity to the fair, and the	80044
best interests of Ohio racing. On the first day of any month on	80045
which there is money in the fund, the tax commissioner shall	80046
provide for payment to the treasurer of each agricultural society	80047
the amount of the taxes collected under this section upon racing	80048
conducted at and during the course of any exposition or fair	80049
conducted by the society.	80050

(L) From the tax paid under this section by harness track	80051
permit holders, the tax commissioner shall pay into the Ohio	80052
thoroughbred race fund a sum equal to a percentage of the amount	80053
wagered upon which the tax is paid. The percentage shall be	80054
determined by the tax commissioner and shall be rounded to the	80055
nearest one-hundredth. The percentage shall be such that, when	80056
multiplied by the amount wagered upon which tax was paid by the	80057
harness track permit holders in the most recent year for which	80058
final figures are available, it results in a sum that	80059
substantially equals the same amount of tax paid by the tax	80060
commissioner during that year into the Ohio fairs fund from taxes	80061
paid by thoroughbred permit holders. This division does not apply	80062
to county and independent fairs and agricultural societies.	80063

(M) Twenty-five per cent of the taxes levied on thoroughbred	80064
racing permit holders, harness racing permit holders, and quarter	80065
horse racing permit holders under this section, division (A) of	80066
section 3769.087 of the Revised Code, and division (F)(2) of	80067
section 3769.26 of the Revised Code shall be paid into the	80068
~~PASSPORT~~nursing home franchise permit fee fund. The tax	80069
commissioner shall pay any money remaining, after the payment into	80070
the ~~PASSPORT~~nursing home franchise permit fee fund and the	80071
reductions provided for in division (J) of this section and in	80072
section 3769.20 of the Revised Code, into the Ohio fairs fund,	80073
Ohio thoroughbred race fund, Ohio standardbred development fund,	80074
Ohio quarter horse fund, and state racing commission operating	80075
fund as prescribed in this section and division (A) of section	80076
3769.087 of the Revised Code. The tax commissioner shall	80077
thereafter use and apply the balance of the money paid as a tax by	80078
any permit holder to cover any shortage in the accounts of such	80079
funds resulting from an insufficient payment as a tax by any other	80080
permit holder. The moneys received by the tax commissioner shall	80081
be deposited weekly and paid by the tax commissioner into the	80082
funds to cover the total aggregate amount due from all permit	80083
holders to the funds, as calculated under this section and	80084
division (A) of section 3769.087 of the Revised Code, as	80085
applicable. If, after the payment into the ~~PASSPORT~~nursing home	80086
franchise permit fee fund, sufficient funds are not available from	80087
the tax deposited by the tax commissioner to pay the required	80088
amounts into the Ohio fairs fund, Ohio standardbred development	80089
fund, Ohio thoroughbred race fund, Ohio quarter horse fund, and	80090
the state racing commission operating fund, the tax commissioner	80091
shall prorate on a proportional basis the amount paid to each of	80092
the funds. Any shortage to the funds as a result of a proration	80093
shall be applied against future deposits for the same calendar	80094
year when funds are available. After this application, the tax	80095
commissioner shall pay any remaining money paid as a tax by all	80096
permit holders into the ~~PASSPORT~~nursing home franchise permit fee	80097
fund. This division does not apply to permit holders conducting	80098
racing at the course of an agricultural exposition or fair as	80099
described in division (K) of this section.	80100

Sec. 3769.20. (A) To encourage the renovation of existing	80101
racing facilities for the benefit of the public, breeders, and	80102
horse owners and to increase the revenue to the state from the	80103
increase in pari-mutuel wagering resulting from such improvement,	80104
the taxes paid by a permit holder to the state, in excess of the	80105
amount paid into the ~~PASSPORT~~nursing home franchise permit fee	80106
fund, shall be reduced by one per cent of the total amount wagered	80107
for those permit holders who carry out a major capital improvement	80108
project. The percentage of the reduction that may be taken each	80109
racing day shall equal seventy-five per cent of the amount of the	80110
taxes levied under divisions (B) and (C) of section 3769.08,	80111
section 3769.087, and division (F)(2) of section 3769.26 of the	80112
Revised Code, as applicable, divided by the calculated amount each	80113
fund should receive under divisions (B) and (C) of section	80114
3769.08, section 3769.087, and division (F)(2) of section 3769.26	80115
of the Revised Code and the reduction provided for in this	80116
section. If the resulting percentage is less than one, that	80117
percentage shall be multiplied by the amount of the reduction	80118
provided for in this section. Otherwise, the permit holder shall	80119
receive the full reduction provided for in this section. The	80120
amount of the allowable reduction not received shall be carried	80121
forward and added to any other reduction balance and applied	80122
against future tax liability. After any reductions expire, any	80123
reduction carried forward shall be treated as a reduction as	80124
provided for in this section. If the amount of allowable reduction	80125
exceeds the amount of taxes derived from a permit holder, the	80126
amount of the allowable reduction not used may be carried forward	80127
and applied against future tax liability.	80128

If more than one permit holder is authorized to conduct	80129
racing at the facility that is being improved, the cost of the	80130
major capital improvement project shall be allocated between or	80131
among all the permit holders in the ratio that each permit	80132
holder's number of racing days bears to the total number of racing	80133
days conducted at the facility.	80134

A reduction for a major capital improvement project shall	80135
start from the day racing is first conducted following the date on	80136
which the major capital improvement project is completed and the	80137
construction cost has been approved by the state racing	80138
commission, except as otherwise provided in division (E) of this	80139
section, and shall continue until the total tax reduction equals	80140
the cost of the major capital improvement project plus debt	80141
service applicable to the project. In no event, however, shall any	80142
tax reduction, excluding any reduction balances, be permitted	80143
under this section after December 31, ~~2014~~2017. The total tax	80144
reduction because of the major capital improvement project shall	80145
not during any one year exceed for all permit holders using any	80146
one track one per cent of the total amount wagered. The racing	80147
commission shall notify the tax commissioner when the reduction of	80148
tax begins and when it ends.	80149

(B) Each fiscal year, the racing commission shall submit a	80150
report to the tax commissioner, the office of budget and	80151
management, and the legislative service commission. The report	80152
shall identify each capital improvement project undertaken under	80153
this section and in progress at each race track, indicate the	80154
total cost of each project, state the tax reduction that resulted	80155
from each project during the immediately preceding fiscal year,	80156
estimate the tax reduction that will result from each project	80157
during the current fiscal year, state the total tax reduction that	80158
resulted from all such projects at all race tracks during the	80159
immediately preceding fiscal year, and estimate the total tax	80160
reduction that will result from all such projects at all race	80161
tracks during the current fiscal year.	80162

(C) The tax reduction granted pursuant to this section shall	80163
be in addition to any tax reductions for capital improvements and	80164
new race tracks provided for in section 3769.08 of the Revised	80165
Code and approved by the racing commission.	80166

(D) In order to qualify for the reduction in tax, a permit	80167
holder shall apply to the racing commission in such form as the	80168
commission may require and shall provide full details of the major	80169
capital improvement project, including plans and specifications, a	80170
schedule for the project's construction and completion, and a	80171
breakdown of proposed costs. In addition, the permit holder shall	80172
have commenced construction of the major capital improvement	80173
project or shall have had the application for the project approved	80174
by the racing commission prior to March 29, 1988. The racing	80175
commission shall not approve an application unless the permit	80176
holder shows that a contract for the major capital improvement	80177
project has been let under an unrestricted competitive bidding	80178
procedure, unless the contract is exempted by the controlling	80179
board because of its unusual nature. In determining whether to	80180
approve an application, the racing commission shall consider	80181
whether the major capital improvement project will promote the	80182
safety, convenience, and comfort of the racing public and horse	80183
owners and generally tend toward the improvement of racing in this	80184
state.	80185

(E) If the major capital improvement project is approved by	80186
the racing commission and construction has started, the tax	80187
reduction may be authorized by the commission upon presentation of	80188
copies of paid bills in excess of five hundred thousand dollars.	80189
After the initial authorization, the permit holder shall present	80190
copies of paid bills in the amount of not less than five hundred	80191
thousand dollars. If the permit holder is in substantial	80192
compliance with the schedule for construction and completion of	80193
the major capital improvement project, the racing commission may	80194
authorize the continuance of the tax reduction upon the	80195
presentation of the additional paid bills in increments of five	80196
hundred thousand dollars. The racing commission may terminate the	80197
tax reduction if a permit holder fails to complete the major	80198
capital improvement project or fails to comply substantially with	80199
the schedule for construction and completion of the major capital	80200
improvement project. If the time for completion of the major	80201
capital improvement project is delayed by acts of God, strikes, or	80202
the unavailability of labor or materials, the time for completion	80203
as set forth in the schedule shall be extended by the period of	80204
the delay. If a permit holder fails to complete the major capital	80205
improvement project, the racing commission shall order the permit	80206
holder to repay to the state the total amount of tax reduced,	80207
unless the permit holder has spent at least six million dollars on	80208
the project. The normal tax paid by the permit holder under	80209
section 3769.08 of the Revised Code shall be increased by one per	80210
cent of the total amount wagered until the total amount of the	80211
additional tax collected equals the total amount of tax reduced.	80212
Any action taken by the racing commission pursuant to this section	80213
in terminating the tax adjustment or requiring repayment of the	80214
amount of tax reduced shall be subject to Chapter 119. of the	80215
Revised Code.	80216

(F) As used in this section, "major capital improvement	80217
project" means the renovation, reconstruction, or remodeling,	80218
costing at least six million dollars, of a race track facility,	80219
including, but not limited to, the construction of barns used	80220
exclusively for that race track facility, backstretch facilities	80221
for horsemen, paddock facilities, pari-mutuel and totalizator	80222
equipment and appurtenances to that equipment purchased by the	80223
track, new access roads, new parking areas, the complete	80224
reconstruction, reshaping, and leveling of the racing surface and	80225
appurtenances, grandstand enclosure, installation of permanent new	80226
heating or air conditioning, roof replacement, and installations	80227
of a permanent nature forming a part of the track structure.	80228

(G) The cost and expenses to which the tax reduction granted	80229
under this section applies shall be determined by generally	80230
accepted accounting principles and be verified by an audit of the	80231
permit holder's records, upon completion of the major capital	80232
improvement project, either by the racing commission or by an	80233
independent certified public accountant selected by the permit	80234
holder and approved by the commission.	80235

(H) This section and section 3769.201 of the Revised Code	80236
govern any tax reduction granted to a permit holder for the cost	80237
to the permit holder of any cleanup, repair, or improvement	80238
required as a result of damage caused by the 1997 Ohio river flood	80239
to the place, track, or enclosure for which the permit is issued.	80240

Sec. 3769.26. (A)(1) Except as otherwise provided in	80241
division (B) of this section, each track in existence on September	80242
27, 1994, regardless of the number of permit holders authorized to	80243
conduct race meetings at the track, may establish, with the	80244
approval of the state racing commission and the appropriate local	80245
legislative authority, not more than two satellite facilities at	80246
which it may conduct pari-mutuel wagering on horse races conducted	80247
either inside or outside this state and simulcast by a simulcast	80248
host to the satellite facilities.	80249

(2) Prior to a track's establishing satellite facilities	80250
under this section, the permit holders at that track shall agree	80251
among themselves regarding their respective rights and obligations	80252
with respect to those satellite facilities.	80253

(3)(a) Any track that desires to establish a satellite	80254
facility shall provide written notification of its intent to the	80255
state racing commission and to the appropriate local legislative	80256
authority that is required to approve the satellite facility,	80257
together with detailed plans and specifications for the satellite	80258
facility. The commission shall deliver copies of this notification	80259
to all other tracks in this state, and the commission shall,	80260
within forty-five days after receiving the notification, hold a	80261
hearing on the track's intent to establish a satellite facility.	80262
At this hearing the commission shall consider the evidence	80263
presented and determine whether the request for establishment of a	80264
satellite facility shall be approved.	80265

The commission shall not approve a track's request to	80266
establish a satellite facility if the owner of the premises where	80267
the satellite facility is proposed to be located or if the	80268
proposed operator of the satellite facility has been convicted of	80269
or has pleaded guilty to a gambling offense that is a felony or	80270
any other felony under the laws of this state, any other state, or	80271
the United States that the commission determines to be related to	80272
fitness to be the owner of such a premises or to be the operator	80273
of a satellite facility. As used in division (A)(3)(a) of this	80274
section, "gambling offense" has the same meaning as in section	80275
2915.01 of the Revised Code and "operator" means the individual	80276
who is responsible for the day-to-day operations of a satellite	80277
facility. The commission shall conduct a background investigation	80278
on each person who is the owner of a premises where a satellite	80279
facility is proposed to be located or who is proposed to be the	80280
operator or an employee of a satellite facility. The commission	80281
shall adopt rules in accordance with Chapter 119. of the Revised	80282
Code that specify the specific information the commission shall	80283
collect in conducting such a background investigation.	80284

No track shall knowingly contract with a person as the owner	80285
of the premises where a satellite facility is located, or	80286
knowingly employ a person as the operator or an employee of a	80287
satellite facility, who has been convicted of or pleaded guilty to	80288
a gambling offense that is a felony or any other felony under the	80289
laws of this state, any other state, or the United States that the	80290
commission determines to be related to fitness to be the owner of	80291
such a premises or to be the operator or an employee of a	80292
satellite facility. The commission may impose a fine in an amount	80293
not to exceed ten thousand dollars on any track that violates any	80294
of these prohibitions.	80295

(b) Each track that receives the notification described in	80296
division (A)(3)(a) of this section shall notify the commission and	80297
the track that desires to establish the satellite facility, within	80298
thirty days after receiving the notification from the commission,	80299
indicating whether or not it desires to participate in the joint	80300
ownership of the facility. Ownership shall be distributed equally	80301
among the tracks that choose to participate in the joint ownership	80302
of the facility unless the participating tracks agree to and	80303
contract otherwise. Tracks that fail to respond to the commission	80304
and the track that desires to establish the satellite facility	80305
within this thirty-day period regarding the ownership of the	80306
particular satellite facility are not eligible to participate in	80307
its ownership.	80308

(B) If, within three years after September 27, 1994, a track	80309
in existence on September 27, 1994, does not establish both of the	80310
satellite facilities it is authorized to establish under division	80311
(A) of this section, another track, with the approval of the	80312
racing commission, may establish in accordance with this section a	80313
number of additional satellite facilities that does not exceed the	80314
number of satellite facilities that the first track did not	80315
establish. However, no more than fourteen satellite facilities may	80316
be established in this state.	80317

(C) Except as otherwise provided in this division, each	80318
permit holder in this state shall allow the races that it	80319
conducts, and the races conducted outside this state that it	80320
receives as a simulcast host, to be simulcast to all satellite	80321
facilities operating in this state and shall take all action	80322
necessary to supply its simulcast and wagering information to	80323
these satellite facilities. A permit holder at a track where the	80324
average daily amount wagered for all race meetings during calendar	80325
year 1990 did not exceed two hundred fifty thousand dollars may	80326
elect not to simulcast its races to the satellite facilities. If a	80327
permit holder at such a track chooses to simulcast its races to	80328
satellite facilities, it shall allow its races to be simulcast to	80329
all satellite facilities operating in this state. Except as	80330
otherwise provided in this division, each satellite facility shall	80331
receive simulcasts of and conduct pari-mutuel wagering on all live	80332
racing programs being conducted at any track in this state and on	80333
all agreed simulcast racing programs, as provided in division (D)	80334
of section 3769.089 of the Revised Code, conducted in other states	80335
that are received by simulcast in this state, without regard to	80336
the breed of horse competing in the race or the time of day of the	80337
race.	80338

No satellite facility may receive simulcasts of horse races	80339
during the same hours that a county fair or independent fair	80340
located within the same county as the satellite facility is	80341
conducting pari-mutuel wagering on horse races at that county or	80342
independent fair.	80343

Except as otherwise provided in this division, the commission	80344
shall not approve the establishment of a satellite facility within	80345
a radius of fifty miles of any track. The commission may approve	80346
the establishment of a satellite facility at a location within a	80347
radius of at least thirty-five but not more than fifty miles from	80348
one or more tracks if all of the holders of permits issued for	80349
those tracks consent in writing to the establishment of the	80350
satellite facility. The commission may approve the establishment	80351
of a satellite facility at a location within a radius of	80352
thirty-five miles of more than one race track if all holders of	80353
permits issued for those tracks consent in writing to the	80354
establishment of the satellite facility and, if the tracks are	80355
located completely within one county and the proposed satellite	80356
facility will be located within that county, if both the	80357
legislative authority of the municipal corporation in that county	80358
with the largest population, and the appropriate legislative	80359
authority that is required to approve the satellite facility under	80360
division (A)(1) of this section, approve the establishment of the	80361
new satellite facility. The commission may approve the	80362
establishment of a satellite facility at a location within a	80363
radius of less than twenty miles from an existing satellite	80364
facility if the owner of the existing satellite facility consents	80365
in writing to the establishment of the new satellite facility.	80366

A satellite facility shall not receive simulcasts of horse	80367
races conducted outside this state on any day when no simulcast	80368
host is operating.	80369

(D) Each simulcast host is responsible for paying all costs	80370
associated with the up-link for simulcasts. Each satellite	80371
facility is responsible for paying all costs associated with the	80372
reception of simulcasts and the operation of the satellite	80373
facility.	80374

(E) All money wagered at the simulcast host, and all money	80375
wagered at all satellite facilities on races simulcast from the	80376
simulcast host, shall be included in a common pari-mutuel pool at	80377
the simulcast host. Except as otherwise provided in division	80378
(F)(6) of this section, the payment shall be the same for all	80379
winning tickets whether a wager is placed at a simulcast host or a	80380
satellite facility. Wagers placed at a satellite facility shall	80381
conform in denomination, character, terms, conditions, and in all	80382
other respects to wagers placed at the simulcast host for the same	80383
race.	80384

(F)(1) As used in division (F) of this section, "effective	80385
rate" means the effective gross tax percentage applicable at the	80386
simulcast host, determined in accordance with sections 3769.08 and	80387
3769.087 of the Revised Code, after combining the money wagered at	80388
the simulcast host with the money wagered at satellite facilities	80389
on races simulcast from the host track.	80390

(2) For the purposes of calculating the amount of taxes to be	80391
paid and the amount of commissions to be retained by permit	80392
holders, fifty per cent of the amount wagered at satellite	80393
facilities on a live racing program simulcast from a simulcast	80394
host shall be allocated to the permit holder's live race wagering	80395
at that simulcast host that conducts the live racing program, and	80396
fifty per cent of the amount wagered at satellite facilities on	80397
simulcast racing programs conducted outside this state shall be	80398
allocated to, and apportioned equally among, the permit holders	80399
acting as simulcast hosts for the out-of-state simulcast racing	80400
programs. The remainder of the amount wagered at a satellite	80401
facility on races simulcast from a simulcast host shall be	80402
allocated to the satellite facility. In computing the tax due on	80403
the amount allocated to the satellite facility, if there is more	80404
than one simulcast host for out-of-state simulcast racing	80405
programs, the effective rate applied by the satellite facility	80406
shall be the tax rate applicable to the simulcast host that pays	80407
the highest effective rate under section 3769.08 of the Revised	80408
Code on such simulcast racing programs.	80409

(3) The portion of the amount wagered that is allocated to a	80410
simulcast host under division (F)(2) of this section shall be	80411
treated, for the purposes of calculating the amount of taxes to be	80412
paid and commissions to be retained, as having been wagered at the	80413
simulcast host on a live racing program or on a simulcast racing	80414
program. The permit holder at the simulcast host shall pay, by	80415
check, draft, or money order to the state tax commissioner, as a	80416
tax, the tax specified in sections 3769.08 and 3769.087 of the	80417
Revised Code, as applicable, except that the tax shall be	80418
calculated using the effective rate, and the permit holder may	80419
retain as a commission the percentage of the amount wagered as	80420
specified in those sections. From the tax collected, the tax	80421
commissioner shall make distributions to the respective funds, and	80422
in the proper amounts, as required by sections 3769.08 and	80423
3769.087 of the Revised Code, as applicable.	80424

(4) From the portion of the amount wagered that is allocated	80425
to a satellite facility under division (F)(2) of this section, the	80426
satellite facility may retain as a commission the amount specified	80427
in section 3769.08 or 3769.087 of the Revised Code, as applicable.	80428
The portion of the amount wagered that is allocated to a satellite	80429
facility shall be subject to tax at the effective rate as follows:	80430

(a) One per cent of such amount allocated to the satellite	80431
facility shall be paid as a tax each racing day to the tax	80432
commissioner for deposit into the ~~PASSPORT~~nursing home franchise	80433
permit fee fund.	80434

(b) The remaining balance of the taxes calculated at the	80435
effective rate, after payment of the tax specified in division	80436
(F)(4)(a) of this section, shall be retained by the satellite	80437
facility to pay for those costs associated with the reception of	80438
the simulcasts.	80439

(5) From the commission retained by a satellite facility	80440
after the deduction of the tax paid at the effective rate under	80441
division (F)(4) of this section, the satellite facility shall	80442
retain an amount equal to two and three-eighths per cent of the	80443
amount wagered that day on simulcast racing programs and the	80444
balance shall be divided as follows:	80445

(a) One-half shall be paid to the owner of the satellite	80446
facility;	80447

(b) One-half shall be paid to the state racing commission for	80448
deposit into the Ohio combined simulcast horse racing purse fund.	80449

(6) In addition to the commission retained under this	80450
section, a satellite facility shall retain two and one-half per	80451
cent of the amount that would otherwise be paid on each winning	80452
wager unless the retention of this amount would either cause or	80453
add to a minus pool. As used in division (F)(6) of this section,	80454
"minus pool" means a wagering pool in which a winning wager is	80455
paid off at less than one hundred ten per cent of the amount of	80456
the wager. The amount retained shall be paid each racing day to	80457
the tax commissioner for deposit into the ~~PASSPORT~~nursing home	80458
franchise permit fee fund.	80459

(7) At the close of each day, each satellite facility shall	80460
pay, by check, draft, or money order, or by wire transfer of	80461
funds, out of the money retained on that day to the collection and	80462
settlement agent the required fee to be paid by the simulcast host	80463
to the tracks, racing associations, or state regulatory agencies	80464
located outside this state for simulcasts into this state computed	80465
and based on one-half of the amount wagered at the satellite	80466
facility that day on interstate simulcast racing programs.	80467

(G) No license, fee, or excise tax, other than as specified	80468
in division (F)(6) of this section, shall be assessed upon or	80469
collected from a satellite facility, the owners of a satellite	80470
facility, or the holders of permits issued for a track that has	80471
established a satellite facility by any county, township,	80472
municipal corporation, district, or other body having the	80473
authority to assess or collect a tax or fee.	80474

(H) In no case shall that portion of the commissions	80475
designated for purses from satellite facilities be less than that	80476
portion of those commissions designated for purses at the	80477
simulcast host.	80478

(I) It is the intention of the general assembly in enacting	80479
this section not to adversely affect the amounts paid into the	80480
Ohio thoroughbred race fund created under section 3769.083 of the	80481
Revised Code. Therefore, each track that acts as a simulcast host	80482
under this section shall calculate, on a semi-annual basis during	80483
calendar years 1994, 1995, and 1996, its average daily	80484
contribution to the Ohio thoroughbred race fund created under	80485
section 3769.083 of the Revised Code on those days on which the	80486
track conducted live horse racing. If this average daily	80487
contribution to the fund is less than the average daily	80488
contribution from the same track to the fund during the same	80489
six-month period of calendar year 1992, there shall be contributed	80490
to the fund an amount equal to the average daily shortfall	80491
multiplied by the number of days of live racing conducted during	80492
the six-month period in calendar year 1994, 1995, or 1996, as	80493
applicable. The amount of such contribution shall be allocated	80494
among the simulcast host, the purse program at the simulcast host,	80495
and the satellite facilities for which the track served as the	80496
simulcast host, on a pro rata basis in proportion to the amounts	80497
contributed by them to the fund during such six-month period in	80498
calendar year 1994, 1995, or 1996, as applicable.	80499

Sec. 3770.05. (A) As used in this section, "person" means	80500
any person, association, corporation, partnership, club, trust,	80501
estate, society, receiver, trustee, person acting in a fiduciary	80502
or representative capacity, instrumentality of the state or any of	80503
its political subdivisions, or any other combination of	80504
individuals meeting the requirements set forth in this section or	80505
established by rule or order of the state lottery commission.	80506

(B) The director of the state lottery commission may license	80507
any person as a lottery sales agent. No license shall be issued to	80508
any person or group of persons to engage in the sale of lottery	80509
tickets as the person's or group's sole occupation or business.	80510

Before issuing any license to a lottery sales agent, the	80511
director shall consider all of the following:	80512

(1) The financial responsibility and security of the	80513
applicant and the applicant's business or activity;	80514

(2) The accessibility of the applicant's place of business or	80515
activity to the public;	80516

(3) The sufficiency of existing licensed agents to serve the	80517
public interest;	80518

(4) The volume of expected sales by the applicant;

80519

(5) Any other factors pertaining to the public interest,	80520
convenience, or trust.	80521

(C) Except as otherwise provided in division (F) of this	80522
section, the director of the state lottery commission shall refuse	80523
to grant, or shall suspend or revoke, a license if the applicant	80524
or licensee:	80525

(1) Has been convicted of a felony or has been convicted of a	80526
crime involving moral turpitude;	80527

(2) Has been convicted of an offense that involves illegal	80528
gambling;	80529

(3) Has been found guilty of fraud or misrepresentation in	80530
any connection;	80531

(4) Has been found to have violated any rule or order of the	80532
commission; or	80533

(5) Has been convicted of illegal trafficking in supplemental	80534
nutrition assistance program benefits.	80535

(D) Except as otherwise provided in division (F) of this	80536
section, the director of the state lottery commission shall refuse	80537
to grant, or shall suspend or revoke, a license if the applicant	80538
or licensee is a corporation and any of the following applies:	80539

(1) Any of the corporation's directors, officers, or	80540
controlling shareholders has been found guilty of any of the	80541
activities specified in divisions (C)(1) to (5) of this section;	80542

(2) It appears to the director of the state lottery	80543
commission that, due to the experience, character, or general	80544
fitness of any director, officer, or controlling shareholder of	80545
the corporation, the granting of a license as a lottery sales	80546
agent would be inconsistent with the public interest, convenience,	80547
or trust;	80548

(3) The corporation is not the owner or lessee of the	80549
business at which it would conduct a lottery sales agency pursuant	80550
to the license applied for;	80551

(4) Any person, firm, association, or corporation other than	80552
the applicant or licensee shares or will share in the profits of	80553
the applicant or licensee, other than receiving dividends or	80554
distributions as a shareholder, or participates or will	80555
participate in the management of the affairs of the applicant or	80556
licensee.	80557

(E)(1) The director of the state lottery commission shall	80558
refuse to grant a license to an applicant for a lottery sales	80559
agent license and shall revoke a lottery sales agent license if	80560
the applicant or licensee is or has been convicted of a violation	80561
of division (A) or (C)(1) of section 2913.46 of the Revised Code.	80562

(2) The director shall refuse to grant a license to an	80563
applicant for a lottery sales agent license that is a corporation	80564
and shall revoke the lottery sales agent license of a corporation	80565
if the corporation is or has been convicted of a violation of	80566
division (A) or (C)(1) of section 2913.46 of the Revised Code.	80567

(F) The director of the state lottery commission shall	80568
request the bureau of criminal identification and investigation,	80569
the department of public safety, or any other state, local, or	80570
federal agency to supply the director with the criminal records of	80571
any applicant for a lottery sales agent license, and may	80572
periodically request the criminal records of any person to whom a	80573
lottery sales agent license has been issued. At or prior to the	80574
time of making such a request, the director shall require an	80575
applicant or licensee to obtain fingerprint impressions on	80576
fingerprint cards prescribed by the superintendent of the bureau	80577
of criminal identification and investigation at a qualified law	80578
enforcement agency, and the director shall cause those fingerprint	80579
cards to be forwarded to the bureau of criminal identification and	80580
investigation, to the federal bureau of investigation, or to both	80581
bureaus. The commission shall assume the cost of obtaining the	80582
fingerprint cards.	80583

The director shall pay to each agency supplying criminal	80584
records for each investigation a reasonable fee, as determined by	80585
the agency.	80586

The commission may adopt uniform rules specifying time	80587
periods after which the persons described in divisions (C)(1) to	80588
(5) and (D)(1) to (4) of this section may be issued a license and	80589
establishing requirements for those persons to seek a court order	80590
to have records sealed in accordance with law.	80591

(G)(1) Each applicant for a lottery sales agent license shall	80592
do both of the following:	80593

(a) Pay fees to the state lottery commission, ~~at the time the~~	80594
~~application is submitted, a fee in an amount that the director of~~	80595
~~the state lottery commission determines~~if required by rule	80596
adopted by the director under Chapter 119. of the Revised Code and	80597
~~that~~ the controlling board approves the fees;	80598

(b) Prior to approval of the application, obtain a surety	80599
bond in an amount the director determines by rule adopted under	80600
Chapter 119. of the Revised Code or, alternatively, with the	80601
director's approval, deposit the same amount into a dedicated	80602
account for the benefit of the state lottery. The director also	80603
may approve the obtaining of a surety bond to cover part of the	80604
amount required, together with a dedicated account deposit to	80605
cover the remainder of the amount required.	80606

A surety bond may be with any company that complies with the	80607
bonding and surety laws of this state and the requirements	80608
established by rules of the commission pursuant to this chapter. A	80609
dedicated account deposit shall be conducted in accordance with	80610
policies and procedures the director establishes.	80611

A surety bond, dedicated account, or both, as applicable, may	80612
be used to pay for the lottery sales agent's failure to make	80613
prompt and accurate payments for lottery ticket sales, for missing	80614
or stolen lottery tickets, or for damage to equipment or materials	80615
issued to the lottery sales agent, or to pay for expenses the	80616
commission incurs in connection with the lottery sales agent's	80617
license.	80618

(2) A lottery sales agent license is effective for one year.

80619

A licensed lottery sales agent, on or before the date	80620
established by the director, shall renew the agent's license and	80621
provide at that time evidence to the director that the surety	80622
bond, dedicated account deposit, or both, required under division	80623
(G)(1)(b) of this section has been renewed or is active, whichever	80624
applies.	80625

Before the commission renews a lottery sales agent license,	80626
the lottery sales agent shall submit a renewal fee to the	80627
commission ~~in an amount that the director determines~~, if one is	80628
required by rule adopted by the director under Chapter 119. of the	80629
Revised Code and ~~that~~ the controlling board approves the renewal	80630
fee. The renewal fee shall not exceed the actual cost of	80631
administering the license renewal and processing changes reflected	80632
in the renewal application. The renewal of the license is	80633
effective for up to one year.	80634

(3) A lottery sales agent license shall be complete,	80635
accurate, and current at all times during the term of the license.	80636
Any changes to an original license application or a renewal	80637
application may subject the applicant or lottery sales agent, as	80638
applicable, to paying an administrative fee that shall be in an	80639
amount that the director determines by rule adopted under Chapter	80640
119. of the Revised Code, that the controlling board approves, and	80641
that shall not exceed the actual cost of administering and	80642
processing the changes to an application.	80643

(4) The relationship between the commission and a lottery	80644
sales agent is one of trust. A lottery sales agent collects funds	80645
on behalf of the commission through the sale of lottery tickets	80646
for which the agent receives a compensation.	80647

(H) Pending a final resolution of any question arising under	80648
this section, the director of the state lottery commission may	80649
issue a temporary lottery sales agent license, subject to the	80650
terms and conditions the director considers appropriate.	80651

(I) If a lottery sales agent's rental payments for the	80652
lottery sales agent's premises are determined, in whole or in	80653
part, by the amount of retail sales the lottery sales agent makes,	80654
and if the rental agreement does not expressly provide that the	80655
amount of those retail sales includes the amounts the lottery	80656
sales agent receives from lottery ticket sales, only the amounts	80657
the lottery sales agent receives as compensation from the state	80658
lottery commission for selling lottery tickets shall be considered	80659
to be amounts the lottery sales agent receives from the retail	80660
sales the lottery sales agent makes, for the purpose of computing	80661
the lottery sales agent's rental payments.	80662

Sec. 3772.032. (A) The permanent joint committee on gaming	80663
and wagering is established. The committee consists of six	80664
members. The speaker of the house of representatives shall appoint	80665
to the committee three members of the house of representatives and	80666
the president of the senate shall appoint to the committee three	80667
members of the senate. Not more than two members appointed from	80668
each chamber may be members of the same political party. The	80669
chairperson shall be from the opposite ~~party~~house as the	80670
chairperson of the joint committee on agency rule review. If the	80671
chairperson is to be from the house of representatives, the	80672
speaker of the house of representatives shall designate a member	80673
as the chairperson and the president of the senate shall designate	80674
a member as the vice-chairperson. If the chairperson is to be from	80675
the senate, the president of the senate shall designate a member	80676
as the chairperson and the speaker of the house of representatives	80677
shall designate a member as the vice-chairperson.	80678

(B) The committee shall:

80679

(1) Review all constitutional amendments, laws, and rules	80680
governing the operation and administration of casino gaming and	80681
all authorized gaming and wagering activities and recommend to the	80682
general assembly and commission any changes it may find desirable	80683
with respect to the language, structure, and organization of those	80684
amendments, laws, or rules;	80685

(2) Make an annual report to the governor and to the general	80686
assembly with respect ofto the operation and administration of	80687
casino gaming;	80688

(3) Review all changes of fees and penalties as provided in	80689
this chapter and rules adopted thereunder; and	80690

(4) Study all proposed changes to the constitution and laws	80691
of this state and to the rules adopted by the commission governing	80692
the operation and administration of casino gaming, and report to	80693
the general assembly on their adequacy and desirability as a	80694
matter of public policy.	80695

(C) Any study, or any expense incurred, in furtherance of the	80696
committee's objectives shall be paid for from, or out of, the	80697
casino control commission fund or other appropriation provided by	80698
law. The members shall receive no additional compensation, but	80699
shall be reimbursed for actual and necessary expenses incurred in	80700
the performance of their official duties.	80701

Sec. 3772.062. (A) The executive director of the commission	80702
shall enter into an agreement with the department of alcohol and	80703
drug addiction services under which the department provides a	80704
program of gambling and addiction services on behalf of the	80705
commission.	80706

(B) The executive director of the commission, in conjunction	80707
with the department of alcohol and drug addiction services and the	80708
state lottery commission, shall establish, operate, and publicize	80709
an in-state, toll-free telephone number Ohio residents may call to	80710
obtain basic information about problem gambling, the gambling	80711
addiction services available to problem gamblers, and how a	80712
problem gambler may obtain help. The telephone number shall be	80713
staffed twenty-four hours per day, seven days a week, to respond	80714
to inquiries and provide that information. The costs of	80715
establishing, operating, and publicizing the telephone number	80716
shall be paid for with money in the problem casino gambling and	80717
addictions fund.	80718

Sec. 3781.06. (A)(1) Any building that may be used as a	80719
place of resort, assembly, education, entertainment, lodging,	80720
dwelling, trade, manufacture, repair, storage, traffic, or	80721
occupancy by the public, any residential building, and all other	80722
buildings or parts and appurtenances of those buildings erected	80723
within this state, shall be so constructed, erected, equipped, and	80724
maintained that they shall be safe and sanitary for their intended	80725
use and occupancy.	80726

(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the	80727
Revised Code shall be construed to limit the power of the ~~public~~	80728
~~health council~~manufactured homes commission to adopt rules of	80729
~~uniform application~~ governing manufactured home parks pursuant to	80730
section ~~3733.02~~4781.04 of the Revised Code.	80731

(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised	80732
Code do not apply to either of the following:	80733

(1) Buildings or structures that are incident to the use for	80734
agricultural purposes of the land on which the buildings or	80735
structures are located, provided those buildings or structures are	80736
not used in the business of retail trade. For purposes of this	80737
division, a building or structure is not considered used in the	80738
business of retail trade if fifty per cent or more of the gross	80739
income received from sales of products in the building or	80740
structure by the owner or operator is from sales of products	80741
produced or raised in a normal crop year on farms owned or	80742
operated by the seller.	80743

(2) Existing single-family, two-family, and three-family	80744
detached dwelling houses for which applications have been	80745
submitted to the director of job and family services pursuant to	80746
section 5104.03 of the Revised Code for the purposes of operating	80747
type A family day-care homes as defined in section 5104.01 of the	80748
Revised Code.	80749

(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the	80750
Revised Code:	80751

(1) "Agricultural purposes" include agriculture, farming,	80752
dairying, pasturage, apiculture, horticulture, floriculture,	80753
viticulture, ornamental horticulture, olericulture, pomiculture,	80754
and animal and poultry husbandry.	80755

(2) "Building" means any structure consisting of foundations,	80756
walls, columns, girders, beams, floors, and roof, or a combination	80757
of any number of these parts, with or without other parts or	80758
appurtenances.	80759

(3) "Industrialized unit" means a building unit or assembly	80760
of closed construction fabricated in an off-site facility, that is	80761
substantially self-sufficient as a unit or as part of a greater	80762
structure, and that requires transportation to the site of	80763
intended use. "Industrialized unit" includes units installed on	80764
the site as independent units, as part of a group of units, or	80765
incorporated with standard construction methods to form a	80766
completed structural entity. "Industrialized unit" does not	80767
include a manufactured home as defined by division (C)(4) of this	80768
section or a mobile home as defined by division (O) of section	80769
4501.01 of the Revised Code.	80770

(4) "Manufactured home" means a building unit or assembly of	80771
closed construction that is fabricated in an off-site facility and	80772
constructed in conformance with the federal construction and	80773
safety standards established by the secretary of housing and urban	80774
development pursuant to the "Manufactured Housing Construction and	80775
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,	80776
5403, and that has a permanent label or tag affixed to it, as	80777
specified in 42 U.S.C.A. 5415, certifying compliance with all	80778
applicable federal construction and safety standards.	80779

(5) "Permanent foundation" means permanent masonry, concrete,	80780
or a footing or foundation approved by the manufactured homes	80781
commission pursuant to Chapter 4781. of the Revised Code, to which	80782
a manufactured or mobile home may be affixed.	80783

(6) "Permanently sited manufactured home" means a	80784
manufactured home that meets all of the following criteria:	80785

(a) The structure is affixed to a permanent foundation and is	80786
connected to appropriate facilities;	80787

(b) The structure, excluding any addition, has a width of at	80788
least twenty-two feet at one point, a length of at least	80789
twenty-two feet at one point, and a total living area, excluding	80790
garages, porches, or attachments, of at least nine hundred square	80791
feet;	80792

(c) The structure has a minimum 3:12 residential roof pitch,	80793
conventional residential siding, and a six-inch minimum eave	80794
overhang, including appropriate guttering;	80795

(d) The structure was manufactured after January 1, 1995;

80796

(e) The structure is not located in a manufactured home park	80797
as defined by section ~~3733.01~~4781.01 of the Revised Code.	80798

(7) "Safe," with respect to a building, means it is free from	80799
danger or hazard to the life, safety, health, or welfare of	80800
persons occupying or frequenting it, or of the public and from	80801
danger of settlement, movement, disintegration, or collapse,	80802
whether such danger arises from the methods or materials of its	80803
construction or from equipment installed therein, for the purpose	80804
of lighting, heating, the transmission or utilization of electric	80805
current, or from its location or otherwise.	80806

(8) "Sanitary," with respect to a building, means it is free	80807
from danger or hazard to the health of persons occupying or	80808
frequenting it or to that of the public, if such danger arises	80809
from the method or materials of its construction or from any	80810
equipment installed therein, for the purpose of lighting, heating,	80811
ventilating, or plumbing.	80812

(9) "Residential building" means a one-family, two-family, or	80813
three-family dwelling house, and any accessory structure	80814
incidental to that dwelling house. "Residential building" includes	80815
a one-family, two-family, or three-family dwelling house that is	80816
used as a model to promote the sale of a similar dwelling house.	80817
"Residential building" does not include an industrialized unit as	80818
defined by division (C)(3) of this section, a manufactured home as	80819
defined by division (C)(4) of this section, or a mobile home as	80820
defined by division (O) of section 4501.01 of the Revised Code.	80821

(10) "Nonresidential building" means any building that is not	80822
a residential building or a manufactured or mobile home.	80823

(11) "Accessory structure" means a structure that is attached	80824
to a residential building and serves the principal use of the	80825
residential building. "Accessory structure" includes, but is not	80826
limited to, a garage, porch, or screened-in patio.	80827

Sec. 3781.183. If the board of building standards adopts	80828
rules under sections 3781.06 to 3781.18 of the Revised Code	80829
concerning the requirements an adult group home seeking licensure	80830
as an adult care facility must meet under section ~~3722.02~~5119.71	80831
of the Revised Code, the board shall adopt the rules in	80832
consultation with the directors of mental health and of aging and	80833
any interested party designated by the directors of mental health	80834
and of aging.	80835

Sec. 3791.043. If the board of building standards adopts	80836
rules under section 3791.04 of the Revised Code concerning the	80837
requirements an adult group home seeking licensure as an adult	80838
care facility must meet under section ~~3722.02~~5119.71 of the	80839
Revised Code, the board shall adopt the rules in consultation with	80840
the directors of mental health and aging and any interested party	80841
designated by the directors of mental health and aging.	80842

Sec. 3793.04. The department of alcohol and drug addiction	80843
services shall develop, administer, and revise as necessary a	80844
comprehensive statewide alcohol and drug addiction services plan	80845
for the implementation of this chapter. The plan shall emphasize	80846
abstinence from the use of alcohol and drugs of abuse as the	80847
primary goal of alcohol and drug addiction services. The council	80848
on alcohol and drug addiction services shall advise the department	80849
in the development and implementation of the plan.	80850

The plan shall provide for the allocation and distribution of	80851
~~state and federal~~ funds appropriated to the department by the	80852
general assembly for ~~service~~services furnished by alcohol and	80853
drug addiction programs under contract with boards of alcohol,	80854
drug addiction, and mental health services ~~and for distribution of~~	80855
~~the funds to such boards~~. The ~~plan~~department shall exclude from	80856
the allocation and distribution any funds that are transferred to	80857
the department of job and family services to pay the nonfederal	80858
share of alcohol and drug addiction services covered by the	80859
medicaid program.	80860

The plan shall specify the methodology that the department	80861
will use for determining how the funds will be allocated and	80862
distributed. A portion of the funds shall be allocated on the	80863
basis of the ratio of the population of each alcohol, drug	80864
addiction, and mental health service district to the total	80865
population of the state as determined from the most recent federal	80866
census or the most recent official estimate made by the United	80867
States census bureau.	80868

The plan shall ensure that alcohol and drug addiction	80869
services of a high quality are accessible to, and responsive to	80870
the needs of, all persons, especially those who are members of	80871
underserved groups, including, but not limited to, African	80872
Americans, Hispanics, native Americans, Asians, juvenile and adult	80873
offenders, women, and persons with special services needs due to	80874
age or disability. The plan shall include a program to promote and	80875
protect the rights of those who receive services.	80876

To aid in formulating the plan and in evaluating the	80877
effectiveness and results of alcohol and drug addiction services,	80878
the department, in consultation with the department of mental	80879
health, shall establish and maintain an information system or	80880
systems. The department of alcohol and drug addiction services	80881
shall specify the information that must be provided by boards of	80882
alcohol, drug addiction, and mental health services and by alcohol	80883
and drug addiction programs for inclusion in the system. The	80884
department shall not collect any personal information from the	80885
boards except as required or permitted by state or federal law for	80886
purposes related to payment, health care operations, program and	80887
service evaluation, reporting activities, research, system	80888
administration, and oversight.	80889

In consultation with boards, programs, and persons receiving	80890
services, the department shall establish guidelines for the use of	80891
~~state and federal~~ funds allocated and distributed under this	80892
section and for the boards' development of plans for services	80893
required by sections 340.033 and 3793.05 of the Revised Code.	80894

In any fiscal year, the department shall spend, or allocate	80895
to boards, for methadone maintenance programs or any similar	80896
programs not more than eight per cent of the total amount	80897
appropriated to the department for the fiscal year.	80898

Sec. 3793.06. (A) ~~The department of alcohol and drug~~	80899
~~addiction services shall evaluate and certify all~~Each alcohol and	80900
drug addiction ~~programs in the state. Each~~ program shall apply to	80901
the department of alcohol and drug addiction services for	80902
certification. No program shall be eligible to receive state or	80903
federal funds unless it has been certified by the department.	80904

(B) No person shall represent in any manner that a program is	80905
certified by the department if the program is not certified at the	80906
time the representation is made.	80907

(C) Pursuant to Chapter 119. of the Revised Code and in	80908
consultation with members or representatives of boards of alcohol,	80909
drug addiction, and mental health services, programs, individuals	80910
who receive alcohol and drug addiction services, and the	80911
department of mental health, the department shall adopt rules that	80912
establish all of the following:	80913

(1) Minimum standards for the operation of programs,	80914
including, but not limited to, the following:	80915

(a) Requirements regarding physical facilities of programs;

80916

(b) Requirements with regard to health, safety, adequacy, and	80917
cultural specificity and sensitivity;	80918

(c) Requirements regarding the rights of recipients of	80919
services and procedures to protect these rights.	80920

(2) Standards for evaluating programs;

80921

(3) Standards and procedures for granting full or conditional	80922
certification to a program;	80923

(4) Standards and procedures for revoking the certification	80924
of a program that does not continue to meet the minimum standards	80925
established pursuant to this section.	80926

(D) Rules adopted under division (C) of this section shall	80927
specify the limitations to be placed on a program that is granted	80928
conditional certification.	80929

(E) The department may visit and evaluate any program to	80930
determine whether it meets the minimum standards for certification	80931
~~established pursuant to division (C) of this section~~. In the case	80932
of a program that has a contract with or proposes to contract with	80933
a board of alcohol, drug addiction, and mental health services,	80934
the department shall conduct the visit and evaluation in	80935
cooperation with the board. If	80936

(F) Subject to section 3793.061 of the Revised Code, the	80937
department shall determine whether an applicant's program meets	80938
the minimum standards for certification. If the department	80939
determines that the program meets the minimum standards, it shall	80940
certify or recertify the program.	80941

~~(F)~~(G) If the department determines that a program that has	80942
a contract with a board or proposes to contract with a board does	80943
not meet the minimum standards for certification, it shall	80944
identify the areas in which the program does not meet the	80945
standards, specify what action is necessary to meet the standards,	80946
and offer technical assistance to the board to enable it to assist	80947
the program in meeting the standards. The department shall give	80948
the program a reasonable time within which to demonstrate that the	80949
program meets the minimum standards or to bring the program into	80950
compliance with the standards. If the department concludes that	80951
the program continues to fail to meet minimum standards, it shall	80952
deny certification and may request that the board reallocate the	80953
funds that the board is allocating to that program to another	80954
program that is certified. If the board does not reallocate the	80955
funds within a reasonable time, the department may withhold from	80956
the board the funds that the board is allocating to the program	80957
and allocate the funds directly to a recovery program certified by	80958
the department.	80959

The department shall adopt rules pursuant to Chapter 119. of	80960
the Revised Code to implement this division. The rules shall	80961
specify the notice and hearing procedures to be followed prior to	80962
denial of certification or reallocation of funds.	80963

~~(G)~~(H) The department may withhold from a board all or part	80964
of the state and federal funds allocated for a program certified	80965
under this section in the event of failure of that program to	80966
comply with this chapter, Chapter 340. of the Revised Code, rules	80967
adopted by the department, or other provisions of state or federal	80968
law, including federal regulations.	80969

If the department proposes to withhold funds, it shall	80970
identify the areas of the program's noncompliance and the action	80971
necessary to achieve compliance and shall offer technical	80972
assistance to the board to enable it to assist the program to	80973
achieve compliance. The department shall allow a reasonable time	80974
within which the board or program shall demonstrate that the	80975
program is in compliance or the program shall bring itself into	80976
compliance. Before withholding funds, the department shall hold a	80977
hearing on the question of whether the program is in, or can be	80978
brought into, compliance. If, based on the hearing and other	80979
evidence, the department determines that compliance has not been,	80980
or cannot be, achieved, the department may withhold the funds and	80981
allocate all or part of the withheld funds to a certified program	80982
that is in compliance. That program shall use the funds to provide	80983
the services of the program that is not in compliance, until such	80984
time as it is in compliance.	80985

The department shall establish rules pursuant to Chapter 119.	80986
of the Revised Code to implement this division.	80987

~~(H)~~(I) The department shall maintain a current list of	80988
alcohol and drug addiction programs certified by the department	80989
under division (A) of this section and shall provide a copy of the	80990
current list to a judge of a court of common pleas who requests a	80991
copy for the use of the judge under division (H) of section	80992
2925.03 of the Revised Code. The list of certified alcohol and	80993
drug addiction programs shall identify each certified program by	80994
its name, its address, and the county in which it is located.	80995

Sec. 3793.061. (A) In lieu of a determination by the	80996
department of alcohol and drug addiction services of whether an	80997
alcohol and drug addiction program satisfies the standards for	80998
certification under section 3793.06 of the Revised Code, the	80999
department shall accept appropriate accreditation of an	81000
applicant's alcohol and other drug addiction services, integrated	81001
mental health and alcohol and other drug addiction services, or	81002
integrated alcohol and other drug addiction and physical health	81003
services being provided in this state from any of the following	81004
national accrediting organizations as evidence that the applicant	81005
satisfies the standards for certification:	81006

(1) The joint commission;

81007

(2) The commission on accreditation of rehabilitation	81008
facilities;	81009

(3) The council on accreditation.

81010

(B) If the department determines that an applicant's	81011
accreditation is current, is appropriate for the program for which	81012
the applicant is seeking certification, and the applicant meets	81013
any other requirements established under this section or in rules	81014
adopted under this section, the department shall certify or	81015
recertify the program. Except as provided in division (C)(2) of	81016
this section, the department shall issue the certification or	81017
recertification without further evaluation of the program.	81018

81019

(1) The department may review the accrediting organizations	81020
listed in division (A) of this section to evaluate whether the	81021
accreditation standards and processes used by the organizations	81022
are consistent with service delivery models the department	81023
considers appropriate for alcohol and other drug addiction	81024
services, physical health services, or both. The department may	81025
communicate to an accrediting organization any identified	81026
concerns, trends, needs, and recommendations.	81027

(2) The department may visit or otherwise evaluate an alcohol	81028
and drug addiction program at any time based on cause, including	81029
complaints made by or on behalf of consumers and confirmed or	81030
alleged deficiencies brought to the attention of the department.	81031

(3) The department shall require an alcohol and drug	81032
addiction program to notify the department not later than ten days	81033
after any change in the program's accreditation status. The	81034
program may notify the department by providing a copy of the	81035
relevant document the program received from the accrediting	81036
organization.	81037

(4) The department shall require an alcohol and drug	81038
addiction program to submit to the department reports of major	81039
unusual incidents.	81040

(5) The department may require an alcohol and drug addiction	81041
program to submit to the department cost reports pertaining to the	81042
program.	81043

(D) The department shall adopt rules in accordance with	81044
Chapter 119. of the Revised Code to implement this section. In	81045
adopting the rules, the department shall do all of the following:	81046

(1) Specify the documentation that must be submitted as	81047
evidence of holding appropriate accreditation;	81048

(2) Establish a process by which the department may review	81049
the accreditation standards and processes used by the national	81050
accrediting organizations listed in division (A) of this section;	81051

(3) Specify the circumstances under which reports of major	81052
unusual incidents and program cost reports must be submitted to	81053
the department;	81054

(4) Specify the circumstances under which the department may	81055
visit or otherwise evaluate an alcohol and drug addiction program	81056
for cause;	81057

(5) Establish a process by which the department, based on	81058
deficiencies identified as a result of visiting or evaluating an	81059
alcohol drug addiction program under division (C)(2) of this	81060
section, may take any of a range of corrective actions, with the	81061
most stringent being revocation of the program's certification.	81062

Sec. 3793.21. (A) As used in this section, "administrative	81063
function" means a function related to one or more of the	81064
following:	81065

(1) Continuous quality improvement;

81066

(2) Utilization review;

81067

(3) Resource development;

81068

(4) Fiscal administration;

81069

(5) General administration;

81070

(6) Any other function related to administration that is	81071
required by Chapter 340. of the Revised Code.	81072

(B) Each board of alcohol, drug addiction, and mental health	81073
services shall submit an annual report to the department of	81074
alcohol and drug addiction services specifying how the board used	81075
~~state and federal~~the funds allocated and distributed to the	81076
board~~, according to the methodology the department specifies~~ under	81077
section 3793.04 of the Revised Code, for administrative functions	81078
in the year preceding the report's submission. The director of	81079
alcohol and drug addiction shall establish the date by which the	81080
report must be submitted each year.	81081

Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of	81082
the Revised Code do not apply to the following:	81083

(A) Policies offering coverage that is regulated under	81084
Chapters 3935. and 3937. of the Revised Code;	81085

(B) An employer's self-insurance plan and any of its	81086
administrators, as defined in section 3959.01 of the Revised Code,	81087
to the extent that federal law supersedes, preempts, prohibits, or	81088
otherwise precludes the application of any provisions of those	81089
sections to the plan and its administrators;	81090

(C) A third-party payer for coverage provided under the	81091
medicare advantage program operated under Title XVIII of the	81092
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	81093
amended;	81094

(D) A third-party payer for coverage provided under the	81095
medicaid program operated under Title XIX of the "Social Security	81096
Act," except that if a federal waiver applied for under section	81097
5111.178 of the Revised Code is granted or the director of job and	81098
family services determines that this provision can be implemented	81099
without a waiver, sections 3901.38 and 3901.381 to 3901.3813 of	81100
the Revised Code apply to claims submitted electronically or	81101
non-electronically that are made with respect to coverage of	81102
medicaid recipients by health insuring corporations licensed under	81103
Chapter 1751. of the Revised Code, instead of the prompt payment	81104
requirements of 42 C.F.R. 447.46;	81105

(E) A third-party payer for coverage provided under the	81106
tricare program offered by the United States department of	81107
defense.	81108

~~(F) A third-party payer for coverage provided under the~~	81109
~~children's buy-in program established under sections 5101.5211 to~~	81110
~~5101.5216 of the Revised Code.~~	81111

Sec. 3901.56. An insurer may offer a wellness or health	81112
improvement program that provides rewards or incentives, including	81113
merchandise; gift cards; debit cards; premium discounts or	81114
rebates; contributions to a health savings account; modifications	81115
to copayment, deductible, or coinsurance amounts; or any	81116
combination of these incentives, to encourage participation or to	81117
reward participation in the program.	81118

A wellness or health improvement program offered by an	81119
insurer under this section shall not be construed to violate	81120
division (E) of section 1751.31 or division (G) of section 3901.21	81121
of the Revised Code if the program is disclosed in the policy or	81122
plan.	81123

The insured may be required to provide verification, such as	81124
a statement from their physician, that a medical condition makes	81125
it unreasonably difficult or medically inadvisable for the	81126
individual to participate in the wellness or health improvement	81127
program.	81128

Nothing in this section shall prohibit an insurer from	81129
offering incentives or rewards to members for adherence to	81130
wellness or health improvement programs if otherwise allowed by	81131
federal law.	81132

Nothing under division (C)(1) of section 3923.571 or section	81133
3924.25 of the Revised Code shall be construed as prohibiting an	81134
insurer from offering a wellness or health improvement program or	81135
restricting the amount an employee is charged for coverage under a	81136
group policy after the application of any premium discounts or	81137
rebates, or modifying otherwise applicable copayments or	81138
deductibles for adherence to wellness or health improvement	81139
programs.	81140

For purposes of this section, "insurer" means a life	81141
insurance company, sickness and accident insurer, multiple	81142
employer welfare association, public employee benefit plan, or	81143
health insuring corporation.	81144

Sec. 3903.01. As used in sections 3903.01 to 3903.59 of the	81145
Revised Code:	81146

(A) "Admitted assets" means investment in assets which will	81147
be admitted by the superintendent of insurance pursuant to the law	81148
of this state.	81149

(B) "Affiliate" has the same meaning as "affiliate of" or	81150
"affiliated with," as defined in section 3901.32 of the Revised	81151
Code.	81152

(C) "Assets" means all property, real and personal, of every	81153
nature and kind whatsoever or any interest therein.	81154

~~(C)~~(D) "Ancillary state" means any state other than a	81155
domiciliary state.	81156

~~(D)~~(E) "Commodity contract" means any of the following:

81157

(1) A contract for the purchase or sale of a commodity for	81158
future delivery on, or subject to the rules of, a board of trade	81159
designated as a contract market by the commodity futures trading	81160
commission under the "Commodity Exchange Act," 7 U.S.C. 1 et seq.,	81161
as amended, or a board of trade outside the United States;	81162

(2) An agreement that is subject to regulation under section	81163
19 of the "Commodity Exchange Act," 7 U.S.C. 23, as amended, and	81164
that is commonly known to the commodities trade as a margin	81165
account, margin contract, leverage account, or leverage contract;	81166

(3) An agreement or transaction that is subject to regulation	81167
under section 4c(b) of the "Commodity Exchange Act," 7 U.S.C.	81168
6c(b), as amended, and that is commonly known to the commodities	81169
trade as a commodity option;	81170

(4) Any combination of agreements or transactions described	81171
in division (E) of this section;	81172

(5) Any option to enter into an agreement or transaction	81173
described in division (E) of this section.	81174

(F) "Creditor" means a person having any claim, whether	81175
matured or unmatured, liquidated or unliquidated, secured or	81176
unsecured, absolute, fixed, or contingent.	81177

~~(E)~~(G) "Delinquency proceeding" means any proceeding	81178
commenced against an insurer for the purpose of liquidating,	81179
rehabilitating, reorganizing, or conserving the insurer, and any	81180
summary proceeding under section 3903.09 or 3903.10 of the Revised	81181
Code. "Formal delinquency proceeding" means any liquidation or	81182
rehabilitation proceeding.	81183

~~(F)~~(H) "Doing business" includes any of the following acts,	81184
whether effected by mail or otherwise:	81185

(1) The issuance or delivery of contracts of insurance to	81186
persons resident in this state;	81187

(2) The solicitation of applications for such contracts, or	81188
other negotiations preliminary to the execution of such contracts;	81189

(3) The collection of premiums, membership fees, assessments,	81190
or other consideration for such contracts;	81191

(4) The transaction of matters subsequent to execution of	81192
such contracts and arising out of them;	81193

(5) Operating under a license or certificate of authority, as	81194
an insurer, issued by the department of insurance.	81195

~~(G)~~(I) "Domiciliary state" means the state in which an	81196
insurer is incorporated or organized, or, in the case of an alien	81197
insurer, its state of entry.	81198

~~(H)~~(J) "Fair consideration" is given for property or	81199
obligation when either of the following apply:	81200

(1) When in exchange for such property or obligation, as a	81201
fair equivalent therefor, and in good faith, property is conveyed,	81202
services are rendered, an obligation is incurred, or an antecedent	81203
debt is satisfied;	81204

(2) When such property or obligation is received in good	81205
faith to secure a present advance or antecedent debt in an amount	81206
not disproportionately small as compared to the value of the	81207
property or obligation obtained.	81208

~~(I)~~(K) "Foreign country" means any other jurisdiction not in	81209
any state.	81210

~~(J)~~(L) "Forward contract" has the same meaning as in the	81211
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	81212
1821(e)(8)(D), as now and hereafter amended.	81213

(M) "Guaranty association" means the Ohio insurance guaranty	81214
association created by section 3955.06 of the Revised Code and any	81215
other similar entity hereafter created by the general assembly for	81216
the payment of claims of insolvent insurers. "Foreign guaranty	81217
association" means any similar entities now in existence in or	81218
hereafter created by the legislature of any other state.	81219

~~(K)~~(N) "Insolvency" or "insolvent" means:

81220

(1) For an insurer issuing only assessable fire insurance	81221
policies either of the following:	81222

(a) The inability to pay any obligation within thirty days	81223
after it becomes payable;	81224

(b) If an assessment is made within thirty days after such	81225
date, the inability to pay the obligation thirty days following	81226
the date specified in the first assessment notice issued after the	81227
date of loss.	81228

(2) For any other insurer, that it is unable to pay its	81229
obligations when they are due, or when its admitted assets do not	81230
exceed its liabilities plus the greater of either of the	81231
following:	81232

(a) Any capital and surplus required by law for its	81233
organization;	81234

(b) The total par or stated value of its authorized and	81235
issued capital stock.	81236

(3) As to any insurer licensed to do business in this state	81237
as of the effective date of sections 3903.01 to 3903.59 of the	81238
Revised Code that does not meet the standard established under	81239
division ~~(K)~~(N)(2) of this section, the term "insolvency" or	81240
"insolvent" means, for a period not to exceed three years from the	81241
effective date of sections 3903.01 to 3903.59 of the Revised Code,	81242
that it is unable to pay its obligations when they are due or that	81243
its admitted assets do not exceed its liabilities plus any	81244
required capital contribution ordered by the superintendent under	81245
provisions of Title XXXIX of the Revised Code.	81246

(4) For purposes of divisions ~~(K)~~(N)(2) to (4) of this	81247
section, "liabilities" includes, but is not limited to, reserves	81248
required by statute or by rules of the superintendent or specific	81249
requirements imposed by the superintendent upon a subject company	81250
at the time of admission or subsequent thereto.	81251

~~(L)~~(O) "Insurer" means any person who has done, purports to	81252
do, is doing, or is licensed to do an insurance business, and is	81253
or has been subject to the authority of, or to liquidation,	81254
rehabilitation, reorganization, supervision, or conservation by,	81255
any insurance commissioner, superintendent, or equivalent	81256
official. For purposes of sections 3903.01 to 3903.59 of the	81257
Revised Code, any other persons included under section 3903.03 of	81258
the Revised Code are deemed to be insurers.	81259

~~(M)~~(P) "Netting agreement" means:

81260

(1) A contract or agreement, including a master agreement,	81261
and any terms and conditions incorporated by reference in such a	81262
contract or agreement, that provides for the netting, liquidation,	81263
setoff, termination, acceleration, or close out under or in	81264
connection with a qualified financial contract, or any present or	81265
future payment or delivery obligations or entitlements under a	81266
qualified financial contract, including liquidation or close-out	81267
values relating to those obligations or entitlements;	81268

(2) A master agreement, together with all schedules,	81269
confirmations, definitions, and addenda to the agreement and	81270
transactions under the agreement, which shall be treated as one	81271
netting agreement, and any bridge agreement for one or more master	81272
agreements;	81273

(3) Any security agreement or arrangement, credit support	81274
document, or guarantee or reimbursement obligation related to any	81275
contract or agreement described in division (P) of this section.	81276

Any contract or agreement described in division (P) of this	81277
section relating to agreements or transactions that are not	81278
qualified financial contracts shall be deemed to be a netting	81279
agreement only with respect to those agreements or transactions	81280
that are qualified financial contracts.	81281

(Q) "Preferred claim" means any claim with respect to which	81282
the terms of sections 3903.01 to 3903.59 of the Revised Code	81283
accord priority of payment from the assets of the insurer.	81284

~~(N)~~(R) "Qualified financial contract" means any commodity	81285
contract, forward contract, repurchase agreement, securities	81286
contract, swap agreement, and any similar agreement that the	81287
superintendent may determine by rule or order to be a qualified	81288
financial contract for purposes of this chapter.	81289

(S) "Reciprocal state" means any state other than this state	81290
in which in substance and effect division (A) of section 3903.18,	81291
and sections 3903.52, 3903.53, and 3903.55 to 3903.57 of the	81292
Revised Code are in force, in which provisions are in force	81293
requiring that the superintendent or equivalent official be the	81294
receiver, liquidator, rehabilitator, or conservator of a	81295
delinquent insurer, and in which some provision exists for the	81296
avoidance of fraudulent conveyances and preferential transfers.	81297

~~(O)~~(T) "Repurchase agreement" has the same meaning as in the	81298
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	81299
1821(e)(8)(D), as now and hereafter amended.	81300

(U) "Secured claim" means any claim secured by mortgage,	81301
trust deed, security agreement, pledge, deposit as security,	81302
escrow, or otherwise, but not including special deposit claims or	81303
claims against assets. The term also includes claims which have	81304
become liens upon specific assets by reason of judicial process.	81305

~~(P)~~(V) "Securities contract" has the same meaning as in the	81306
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	81307
1821(e)(8)(D), as now and hereafter amended.	81308

(W) "Special deposit claim" means any claim secured by a	81309
deposit made pursuant to statute for the security or benefit of a	81310
limited class or classes of persons, but not including any claim	81311
secured by assets.	81312

~~(Q)~~(X) "State" has the meaning set forth in division (G) of	81313
section 1.59 of the Revised Code.	81314

~~(R)~~(Y) "Superintendent" or "superintendent of insurance"	81315
means the superintendent of insurance of this state, or, when the	81316
context requires, the superintendent or commissioner of insurance,	81317
or equivalent official, of another state.	81318

~~(S)~~(Z) "Swap agreement" has the same meaning as in the	81319
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	81320
1821(e)(8)(D), as now and hereafter amended.	81321

(AA) "Transfer" includes the sale and every other and	81322
different mode, direct or indirect, of disposing of or of parting	81323
with property or with an interest in property, or with the	81324
possession of property or of fixing a lien upon property or upon	81325
an interest in property, absolutely or conditionally, voluntarily,	81326
or by or without judicial proceedings. The retention of a security	81327
title to property delivered to a debtor shall be deemed a transfer	81328
suffered by the debtor.	81329

Sec. 3903.301. (A) Notwithstanding any other provision under	81330
sections 3903.01 to 3903.59 of the Revised Code, no person shall	81331
be stayed or prohibited from exercising any of the following	81332
rights:	81333

(1) A contractual right to cause the termination,	81334
liquidation, acceleration, or close out of obligations under, or	81335
in connection with, a netting agreement or qualified financial	81336
contract with an insurer because of either of the following:	81337

(a) The insolvency, financial condition, or default of the	81338
insurer at any time;	81339

(b) The commencement of a formal delinquency proceeding under	81340
sections 3903.01 to 3903.59 of the Revised Code.	81341

(2) Any right under a pledge, security, collateral,	81342
reimbursement, or guarantee agreement or arrangement or any	81343
similar security arrangement or credit enhancement relating to a	81344
netting agreement or qualified financial contract;	81345

(3) Subject to section 3903.30 of the Revised Code, any right	81346
to set off or net out any termination value, payment amount, or	81347
other transfer obligation arising under or in connection with a	81348
qualified financial contract in which the counterparty or its	81349
guarantor is organized under the laws of the United States, a	81350
state, or a foreign jurisdiction that the securities valuation	81351
office of the national association of insurance commissioners	81352
approves as eligible for netting.	81353

(B) If a counterparty to a netting agreement or qualified	81354
financial contract with an insurer that is subject to a proceeding	81355
under sections 3903.01 to 3903.59 of the Revised Code terminates,	81356
liquidates, accelerates, or closes out the agreement or contract,	81357
damages shall be measured as of the date or dates of the	81358
termination, liquidation, acceleration, or close out. The amount	81359
of a claim for damages shall be actual direct compensatory	81360
damages.	81361

(C) Upon termination of a netting agreement or qualified	81362
financial contract, any net or settlement amount that a	81363
nondefaulting party owes to an insurer against which an	81364
application or petition has been filed under sections 3903.01 to	81365
3903.59 of the Revised Code shall be transferred to, or on the	81366
order of, the receiver for the insurer.	81367

This division applies regardless of whether the insurer is	81368
the defaulting party and applies notwithstanding any walkaway	81369
clause in the netting agreement or qualified financial contract.	81370

For purposes of this division, a limited two-way payment or	81371
first method provision in a netting agreement or qualified	81372
financial contract with a defaulting insurer shall be deemed to be	81373
a full two-way payment or second method provision as against the	81374
defaulting insurer.	81375

Any property or amount transferred under this division shall	81376
be a general asset of the insurer except to the extent it is	81377
subject to a secondary lien or encumbrance, or to rights of	81378
netting or setoff.	81379

(D) In transferring a netting agreement or qualified	81380
financial contract of an insurer that is subject to a proceeding	81381
under sections 3903.01 to 3903.59 of the Revised Code, the	81382
receiver shall do either of the following:	81383

(1) Transfer to one party, other than an insurer subject to a	81384
proceeding under sections 3903.01 to 3903.59 of the Revised Code,	81385
all netting agreements and qualified financial contracts between a	81386
counterparty, or any affiliate of the counterparty, and the	81387
insurer that is the subject of the proceeding. The transfer shall	81388
include all rights and obligations of each party under each	81389
netting agreement and qualified financial contract, and all	81390
property, including any guarantees or other credit enhancement,	81391
securing any claims of the parties under each agreement or	81392
contract.	81393

(2) Transfer none of the netting agreements or qualified	81394
financial contracts, including the rights, obligations, and	81395
property associated with those agreements and contracts as	81396
described in division (D)(1) of this section, with respect to the	81397
counterparty and any affiliate of the counterparty.	81398

(E) If a receiver transfers a netting agreement or qualified	81399
financial contract, the receiver shall use its best efforts to	81400
notify any person who is a party to the transferred agreement or	81401
contract of the transfer by noon, of the receiver's local time, on	81402
the business day following the transfer.	81403

(F)(1) Notwithstanding any other provision of sections	81404
3903.01 to 3903.59 of the Revised Code and except as otherwise	81405
provided in division (F)(2) of this section, a receiver shall not	81406
avoid a transfer of money or other property that is made before	81407
the commencement of a formal delinquency proceeding under sections	81408
3903.01 to 3903.59 of the Revised Code and that arises under or in	81409
connection with either of the following:	81410

(a) A netting agreement or qualified financial contract;

81411

(b) Any pledge, security, collateral, or guarantee agreement	81412
or other similar security arrangement or credit support document	81413
relating to a netting agreement or qualified financial contract.	81414

(2) A receiver may avoid a transfer under sections 3903.26 to	81415
3903.28 of the Revised Code if the transfer was made with actual	81416
intent to hinder, delay, or defraud the insurer, a receiver	81417
appointed for the insurer, or existing or future creditors.	81418

(G)(1) In exercising any right of disaffirmance or	81419
repudiation with respect to a netting agreement or qualified	81420
financial contract to which an insurer is a party, the receiver	81421
for the insurer shall do either of the following:	81422

(a) Disaffirm or repudiate all netting agreements and	81423
qualified financial contracts between the insurer and a	81424
counterparty or any affiliate of the counterparty;	81425

(b) Disaffirm or repudiate none of those netting agreements	81426
or qualified financial contracts with respect to the counterparty	81427
or any affiliate of the counterparty.	81428

(2) Notwithstanding any other provision of sections 3903.01	81429
to 3903.59 of the Revised Code, if a counterparty's claim against	81430
the estate of the insurer arising from the receiver's	81431
disaffirmance or repudiation of a netting agreement or qualified	81432
financial contract has not been previously affirmed in the	81433
liquidation or immediately preceding conservation or	81434
rehabilitation case, that claim shall be considered as if it had	81435
arisen before the filing date of the petition for liquidation. If	81436
a conservation or rehabilitation proceeding is converted to a	81437
liquidation proceeding, that claim shall be considered as if it	81438
had arisen before the filing date of the petition for conservation	81439
or rehabilitation. The amount of the claim shall be the actual	81440
direct compensatory damages determined as of the date of the	81441
disaffirmance or repudiation.	81442

(H) All rights of a counterparty under sections 3903.01 to	81443
3903.59 of the Revised Code shall apply to netting agreements and	81444
qualified financial contracts entered into on behalf of the	81445
general account or separate accounts if the assets of each	81446
separate account are available only to counterparties to netting	81447
agreements and qualified financial contracts entered into on	81448
behalf of that separate account.	81449

(I) This section shall not apply to the affiliates of an	81450
insurer that is the subject of a formal delinquency proceeding	81451
under sections 3903.01 to 3903.59 of the Revised Code.	81452

(J) As used in this section:

81453

(1) "Actual direct compensatory damages" includes normal and	81454
reasonable costs of cover or other reasonable measures of damages	81455
utilized in the derivatives, securities, or other market for the	81456
contract and agreement claims. "Actual direct compensatory	81457
damages" does not include punitive or exemplary damages, damages	81458
for lost profit or lost opportunity, or damages for pain and	81459
suffering.	81460

(2) "Business day" means any day, excluding Saturday, Sunday,	81461
and any day on which the New York stock exchange or the federal	81462
reserve bank of New York is closed.	81463

(3) "Contractual right" includes any of the following:

81464

(a) Any right set forth in a rule or bylaw of a derivatives	81465
clearing organization, as defined in the "Commodity Exchange Act,"	81466
7 U.S.C. 1a(9)(A), as amended; a multilateral clearing	81467
organization; a national securities exchange; a national	81468
securities association; a securities clearing agency; a contract	81469
market designated under the "Commodity Exchange Act," 7 U.S.C. 1	81470
et seq., as amended; a derivatives transaction execution facility,	81471
including a swap execution facility, registered under the	81472
"Commodity Exchange Act," 7 U.S.C. 1 et seq., as amended; a	81473
security-based swap execution facility registered under the	81474
"Securities Exchange Act of 1934," 15 U.S.C. 78a et seq., as	81475
amended; or a board of trade, as defined in the "Commodity	81476
Exchange Act," 7 U.S.C. 1a(2);	81477

(b) Any right set forth in a resolution of the governing	81478
board of any entity listed in division (J)(3)(a) of this section;	81479

(c) Any right, regardless of whether evidenced in writing,	81480
arising under statutory law, common law, or law merchant, or by	81481
reason of normal business practice.	81482

(4) "Receiver" means a receiver, conservator, rehabilitator,	81483
or liquidator, as applicable.	81484

(5) "Walkaway clause" means a provision under which a party	81485
to a netting agreement or qualified financial contract that, after	81486
calculation of a value of a party's position or an amount due to	81487
or from one of the parties in accordance with its terms upon	81488
termination, liquidation, or acceleration of the netting agreement	81489
or qualified financial contract is not obligated to pay or does	81490
not have a payment obligation extinguished under the agreement or	81491
contract, in whole or in part, solely because the party is a	81492
nondefaulting party.	81493

Sec. 3923.28. (A) Every policy of group sickness and	81494
accident insurance providing hospital, surgical, or medical	81495
expense coverage for other than specific diseases or accidents	81496
only, and delivered, issued for delivery, or renewed in this state	81497
on or after January 1, 1979, and that provides coverage for mental	81498
or emotional disorders, shall provide benefits for services on an	81499
outpatient basis for each eligible person under the policy who	81500
resides in this state for mental or emotional disorders, or for	81501
evaluations, that are at least equal to five hundred fifty dollars	81502
in any calendar year or twelve-month period. The services shall be	81503
legally performed by or under the clinical supervision of a	81504
physician authorized under Chapter 4731. of the Revised Code to	81505
practice medicine and surgery or osteopathic medicine and surgery;	81506
a psychologist licensed under Chapter 4732. of the Revised Code; a	81507
professional clinical counselor, professional counselor, or	81508
independent social worker licensed under Chapter 4757. of the	81509
Revised Code; or a clinical nurse specialist licensed under	81510
Chapter 4723. of the Revised Code whose nursing specialty is	81511
mental health, whether performed in an office, in a hospital, or	81512
in a community mental health facility so long as the hospital or	81513
community mental health facility is approved by the joint	81514
commission on accreditation of healthcare organizations, the	81515
council on accreditation for children and family services, or the	81516
rehabilitation accreditation commission~~, or, until two years after~~	81517
~~June 6, 2001, certified by the department of mental health as~~	81518
~~being in compliance with standards established under division (H)~~	81519
~~of section 5119.01 of the Revised Code~~.	81520

(B) Outpatient benefits offered under division (A) of this	81521
section shall be subject to reasonable contract limitations and	81522
may be subject to reasonable deductibles and co-insurance costs.	81523
Persons entitled to such benefit under more than one service or	81524
insurance contract may be limited to a single	81525
five-hundred-fifty-dollar outpatient benefit for services under	81526
all contracts.	81527

(C) In order to qualify for participation under division (A)	81528
of this section, every facility specified in such division shall	81529
have in effect a plan for utilization review and a plan for peer	81530
review and every person specified in such division shall have in	81531
effect a plan for peer review. Such plans shall have the purpose	81532
of ensuring high quality patient care and effective and efficient	81533
utilization of available health facilities and services.	81534

(D) Nothing in this section shall be construed to require an	81535
insurer to pay benefits which are greater than usual, customary,	81536
and reasonable.	81537

(E)(1) Services performed under the clinical supervision of a	81538
health care professional identified in division (A) of this	81539
section, in order to be reimbursable under the coverage required	81540
in division (A) of this section, shall meet both of the following	81541
requirements:	81542

(a) The services shall be performed in accordance with a	81543
treatment plan that describes the expected duration, frequency,	81544
and type of services to be performed;	81545

(b) The plan shall be reviewed and approved by the health	81546
care professional every three months.	81547

(2) Payment of benefits for services reimbursable under	81548
division (E)(1) of this section shall not be restricted to	81549
services described in the treatment plan or conditioned upon	81550
standards of clinical supervision that are more restrictive than	81551
standards of a health care professional described in division (A)	81552
of this section, which at least equal the requirements of division	81553
(E)(1) of this section.	81554

(F) The benefits provided by this section for mental and	81555
emotional disorders shall not be reduced by the cost of benefits	81556
provided pursuant to section 3923.281 of the Revised Code for	81557
diagnostic and treatment services for biologically based mental	81558
illnesses. This section does not apply to benefits for diagnostic	81559
and treatment services for biologically based mental illnesses.	81560

Sec. 3923.281. (A) As used in this section:

81561

(1) "Biologically based mental illness" means schizophrenia,	81562
schizoaffective disorder, major depressive disorder, bipolar	81563
disorder, paranoia and other psychotic disorders,	81564
obsessive-compulsive disorder, and panic disorder, as these terms	81565
are defined in the most recent edition of the diagnostic and	81566
statistical manual of mental disorders published by the American	81567
psychiatric association.	81568

(2) "Policy of sickness and accident insurance" has the same	81569
meaning as in section 3923.01 of the Revised Code, but excludes	81570
any hospital indemnity, medicare supplement, long-term care,	81571
disability income, one-time-limited-duration policy of not longer	81572
than six months, supplemental benefit, or other policy that	81573
provides coverage for specific diseases or accidents only; any	81574
policy that provides coverage for workers' compensation claims	81575
compensable pursuant to Chapters 4121. and 4123. of the Revised	81576
Code; and any policy that provides coverage to beneficiaries	81577
enrolled in Title XIX of the "Social Security Act," 49 Stat. 620	81578
(1935), 42 U.S.C.A. 301, as amended, known as the medical	81579
assistance program or medicaid, as provided by the Ohio department	81580
of job and family services under Chapter 5111. of the Revised	81581
Code~~; and any policy that provides coverage to beneficiaries~~	81582
~~enrolled in the children's buy-in program established under~~	81583
~~sections 5101.5211 to 5101.5216 of the Revised Code~~.	81584

(B) Notwithstanding section 3901.71 of the Revised Code, and	81585
subject to division (E) of this section, every policy of sickness	81586
and accident insurance shall provide benefits for the diagnosis	81587
and treatment of biologically based mental illnesses on the same	81588
terms and conditions as, and shall provide benefits no less	81589
extensive than, those provided under the policy of sickness and	81590
accident insurance for the treatment and diagnosis of all other	81591
physical diseases and disorders, if both of the following apply:	81592

(1) The biologically based mental illness is clinically	81593
diagnosed by a physician authorized under Chapter 4731. of the	81594
Revised Code to practice medicine and surgery or osteopathic	81595
medicine and surgery; a psychologist licensed under Chapter 4732.	81596
of the Revised Code; a professional clinical counselor,	81597
professional counselor, or independent social worker licensed	81598
under Chapter 4757. of the Revised Code; or a clinical nurse	81599
specialist licensed under Chapter 4723. of the Revised Code whose	81600
nursing specialty is mental health.	81601

(2) The prescribed treatment is not experimental or	81602
investigational, having proven its clinical effectiveness in	81603
accordance with generally accepted medical standards.	81604

(C) Division (B) of this section applies to all coverages and	81605
terms and conditions of the policy of sickness and accident	81606
insurance, including, but not limited to, coverage of inpatient	81607
hospital services, outpatient services, and medication; maximum	81608
lifetime benefits; copayments; and individual and family	81609
deductibles.	81610

(D) Nothing in this section shall be construed as prohibiting	81611
a sickness and accident insurance company from taking any of the	81612
following actions:	81613

(1) Negotiating separately with mental health care providers	81614
with regard to reimbursement rates and the delivery of health care	81615
services;	81616

(2) Offering policies that provide benefits solely for the	81617
diagnosis and treatment of biologically based mental illnesses;	81618

(3) Managing the provision of benefits for the diagnosis or	81619
treatment of biologically based mental illnesses through the use	81620
of pre-admission screening, by requiring beneficiaries to obtain	81621
authorization prior to treatment, or through the use of any other	81622
mechanism designed to limit coverage to that treatment determined	81623
to be necessary;	81624

(4) Enforcing the terms and conditions of a policy of	81625
sickness and accident insurance.	81626

(E) An insurer that offers any policy of sickness and	81627
accident insurance is not required to provide benefits for the	81628
diagnosis and treatment of biologically based mental illnesses	81629
pursuant to division (B) of this section if all of the following	81630
apply:	81631

(1) The insurer submits documentation certified by an	81632
independent member of the American academy of actuaries to the	81633
superintendent of insurance showing that incurred claims for	81634
diagnostic and treatment services for biologically based mental	81635
illnesses for a period of at least six months independently caused	81636
the insurer's costs for claims and administrative expenses for the	81637
coverage of all other physical diseases and disorders to increase	81638
by more than one per cent per year.	81639

(2) The insurer submits a signed letter from an independent	81640
member of the American academy of actuaries to the superintendent	81641
of insurance opining that the increase described in division	81642
(E)(1) of this section could reasonably justify an increase of	81643
more than one per cent in the annual premiums or rates charged by	81644
the insurer for the coverage of all other physical diseases and	81645
disorders.	81646

(3) The superintendent of insurance makes the following	81647
determinations from the documentation and opinion submitted	81648
pursuant to divisions (E)(1) and (2) of this section:	81649

(a) Incurred claims for diagnostic and treatment services for	81650
biologically based mental illnesses for a period of at least six	81651
months independently caused the insurer's costs for claims and	81652
administrative expenses for the coverage of all other physical	81653
diseases and disorders to increase by more than one per cent per	81654
year.	81655

(b) The increase in costs reasonably justifies an increase of	81656
more than one per cent in the annual premiums or rates charged by	81657
the insurer for the coverage of all other physical diseases and	81658
disorders.	81659

Any determination made by the superintendent under this	81660
division is subject to Chapter 119. of the Revised Code.	81661

Sec. 3923.30. Every person, the state and any of its	81662
instrumentalities, any county, township, school district, or other	81663
political subdivisions and any of its instrumentalities, and any	81664
municipal corporation and any of its instrumentalities, which	81665
provides payment for health care benefits for any of its employees	81666
resident in this state, which benefits are not provided by	81667
contract with an insurer qualified to provide sickness and	81668
accident insurance, or a health insuring corporation, shall	81669
include the following benefits in its plan of health care benefits	81670
commencing on or after January 1, 1979:	81671

(A) If such plan of health care benefits provides payment for	81672
the treatment of mental or nervous disorders, then such plan shall	81673
provide benefits for services on an outpatient basis for each	81674
eligible employee and dependent for mental or emotional disorders,	81675
or for evaluations, that are at least equal to the following:	81676

(1) Payments not less than five hundred fifty dollars in a	81677
twelve-month period, for services legally performed by or under	81678
the clinical supervision of a physician authorized under Chapter	81679
4731. of the Revised Code to practice medicine and surgery or	81680
osteopathic medicine and surgery; a psychologist licensed under	81681
Chapter 4732. of the Revised Code; a professional clinical	81682
counselor, professional counselor, or independent social worker	81683
licensed under Chapter 4757. of the Revised Code; or a clinical	81684
nurse specialist licensed under Chapter 4723. of the Revised Code	81685
whose nursing specialty is mental health, whether performed in an	81686
office, in a hospital, or in a community mental health facility so	81687
long as the hospital or community mental health facility is	81688
approved by the joint commission on accreditation of healthcare	81689
organizations, the council on accreditation for children and	81690
family services, or the rehabilitation accreditation commission,	81691
~~or, until two years after June 6, 2001, certified by the~~	81692
~~department of mental health as being in compliance with standards~~	81693
~~established under division (H) of section 5119.01 of the Revised~~	81694
~~Code~~;	81695

(2) Such benefit shall be subject to reasonable limitations,	81696
and may be subject to reasonable deductibles and co-insurance	81697
costs.	81698

(3) In order to qualify for participation under this	81699
division, every facility specified in this division shall have in	81700
effect a plan for utilization review and a plan for peer review	81701
and every person specified in this division shall have in effect a	81702
plan for peer review. Such plans shall have the purpose of	81703
ensuring high quality patient care and effective and efficient	81704
utilization of available health facilities and services.	81705

(4) Such payment for benefits shall not be greater than	81706
usual, customary, and reasonable.	81707

(5)(a) Services performed by or under the clinical	81708
supervision of a health care professional identified in division	81709
(A)(1) of this section, in order to be reimbursable under the	81710
coverage required in division (A) of this section, shall meet both	81711
of the following requirements:	81712

(i) The services shall be performed in accordance with a	81713
treatment plan that describes the expected duration, frequency,	81714
and type of services to be performed;	81715

(ii) The plan shall be reviewed and approved by the health	81716
care professional every three months.	81717

(b) Payment of benefits for services reimbursable under	81718
division (A)(5)(a) of the section shall not be restricted to	81719
services described in the treatment plan or conditioned upon	81720
standards of a licensed physician or licensed psychologist, which	81721
at least equal the requirements of division (A)(5)(a) of this	81722
section.	81723

(B) Payment for benefits for alcoholism treatment for	81724
outpatient, inpatient, and intermediate primary care for each	81725
eligible employee and dependent that are at least equal to the	81726
following:	81727

(1) Payments not less than five hundred fifty dollars in a	81728
twelve-month period for services legally performed by or under the	81729
clinical supervision of a health care professional identified in	81730
division (A)(1) of this section, whether performed in an office,	81731
or in a hospital or a community mental health facility or	81732
alcoholism treatment facility so long as the hospital, community	81733
mental health facility, or alcoholism treatment facility is	81734
approved by the joint commission on accreditation of hospitals or	81735
certified by the department of health;	81736

(2) The benefits provided under this division shall be	81737
subject to reasonable limitations and may be subject to reasonable	81738
deductibles and co-insurance costs.	81739

(3) A health care professional shall every three months	81740
certify a patient's need for continued services performed by such	81741
facilities.	81742

(4) In order to qualify for participation under this	81743
division, every facility specified in this division shall have in	81744
effect a plan for utilization review and a plan for peer review	81745
and every person specified in this division shall have in effect a	81746
plan for peer review. Such plans shall have the purpose of	81747
ensuring high quality patient care and efficient utilization of	81748
available health facilities and services. Such person or	81749
facilities shall also have in effect a program of rehabilitation	81750
or a program of rehabilitation and detoxification.	81751

(5) Nothing in this section shall be construed to require	81752
reimbursement for benefits which is greater than usual, customary,	81753
and reasonable.	81754

(C) The benefits provided by division (A) of this section for	81755
mental and emotional disorders shall not be reduced by the cost of	81756
benefits provided pursuant to section 3923.282 of the Revised Code	81757
for diagnostic and treatment services for biologically based	81758
mental illness. This section does not apply to benefits for	81759
diagnostic and treatment services for biologically based mental	81760
illnesses.	81761

Sec. 3924.10. (A) The board of directors of the Ohio health	81762
reinsurance program may make recommendations to the superintendent	81763
of insurance, and the superintendent may adopt or amend by rule	81764
adopted in accordance with Chapter 119. of the Revised Code, the	81765
OHC basic, standard, and carrier reimbursement plans which, when	81766
offered by a carrier, are eligible for reinsurance under the	81767
program. The superintendent shall establish the form and level of	81768
coverage to be made available by carriers in their OHC plans. The	81769
plans shall include benefit levels, deductibles, coinsurance	81770
factors, exclusions, and limitations for the plans. The forms and	81771
levels of coverage shall specify which components of health	81772
benefit plans offered by a carrier may be reinsured. The OHC plans	81773
are subject to division (C) of section 3924.02 of the Revised Code	81774
and to the provisions in Chapters 1751., 1753., 3923., and any	81775
other chapter of the Revised Code that require coverage or the	81776
offer of coverage of a health care service or benefit.	81777

(B) Prior to adopting any rule that makes changes to the OHC	81778
basic or standard plan, the superintendent shall conduct an	81779
actuarial analysis of the cost impact of the proposed rule. ~~The~~	81780
~~superintendent may consider recommendations of the Ohio health~~	81781
~~care coverage and quality council established under section~~	81782
~~3923.90 of the Revised Code.~~ The plans may include cost	81783
containment features including any of the following:	81784

(1) Utilization review of health care services, including	81785
review of the medical necessity of hospital and physician	81786
services;	81787

(2) Case management benefit alternatives;

81788

(3) Selective contracting with hospitals, physicians, and	81789
other health care providers;	81790

(4) Reasonable benefit differentials applicable to	81791
participating and nonparticipating providers;	81792

(5) Employee assistance program options that provide	81793
preventive and early intervention mental health and substance	81794
abuse services;	81795

(6) Other provisions for the cost-effective management of the	81796
plans.	81797

(C) OHC plans established for use by health insuring	81798
corporations shall be consistent with the basic method of	81799
operation of such corporations.	81800

(D) Each carrier shall certify to the superintendent of	81801
insurance, in the form and manner prescribed by the	81802
superintendent, that the OHC plans filed by the carrier are in	81803
substantial compliance with the provisions of the OHC plans	81804
designed or adopted under this section. Upon receipt by the	81805
superintendent of the certification, the carrier may use the	81806
certified plans.	81807

(E) Each carrier shall, on and after sixty days after the	81808
date that the program becomes operational and as a condition of	81809
transacting business in this state, renew coverage provided to any	81810
individual or group under its OHC plans.	81811

(F) The OHC plans in effect as of June 1, 2009, shall remain	81812
in effect until those plans are amended or new plans are adopted	81813
in accordance with this section.	81814

Sec. 3937.41. (A) As used in this section:

81815

(1) "Ambulance" has the same meaning as in section 4765.01 of	81816
the Revised Code and also includes private ambulance companies	81817
under contract to a municipal corporation, township, or county.	81818

(2) "Emergency vehicle" means any of the following:

81819

(a) Any vehicle, as defined in section 4511.01 of the Revised	81820
Code, that is an emergency vehicle of a municipal, township, or	81821
county department or public utility corporation and that is	81822
identified as such as required by law, the director of public	81823
safety, or local authorities;	81824

(b) Any motor vehicle, as defined in section 4511.01 of the	81825
Revised Code, when commandeered by a police officer;	81826

(c) Any vehicle, as defined in section 4511.01 of the Revised	81827
Code, that is an emergency vehicle of a qualified nonprofit	81828
corporation police department established pursuant to section	81829
1702.80 of the Revised Code and that is identified as an emergency	81830
vehicle;	81831

(d) Any vehicle, as defined in section 4511.01 of the Revised	81832
Code, that is an emergency vehicle of a proprietary police	81833
department or security department of a hospital operated by a	81834
public hospital agency or a nonprofit hospital agency that employs	81835
police officers under section 4973.17 of the Revised Code, and	81836
that is identified as an emergency vehicle.	81837

(3) "Firefighter" means any regular, paid, member of a	81838
lawfully constituted fire department of a municipal corporation or	81839
township.	81840

(4) "Law enforcement officer" means any of the following:

81841

(a) A sheriff, deputy sheriff, constable, marshal, deputy	81842
marshal, municipal police officer, police officer of a township or	81843
joint ~~township~~ police district, state highway patrol trooper, or	81844
member of a police force employed by a metropolitan housing	81845
authority under division (D) of section 3735.31 of the Revised	81846
Code;	81847

(b) A police officer employed by a qualified nonprofit police	81848
department pursuant to section 1702.80 of the Revised Code, or	81849
police officer employed by a proprietary police department or	81850
security department of a hospital operated by a public hospital	81851
agency or nonprofit hospital agency pursuant to section 4973.17 of	81852
the Revised Code;	81853

(c) An officer, agent, or employee of the state or any of its	81854
agencies, instrumentalities, or political subdivisions, upon whom,	81855
by statute, a duty to conserve the peace or to enforce all or	81856
certain laws is imposed and the authority to arrest violators is	81857
conferred, within the limits of that statutory duty and authority;	81858

(d) A veterans' home police officer appointed under section	81859
5907.02 of the Revised Code;	81860

(e) A member of a police force employed by a regional transit	81861
authority under division (Y) of section 306.35 of the Revised	81862
Code.	81863

(5) "Motor vehicle accident" means any accident involving a	81864
motor vehicle which results in bodily injury to any person, or	81865
damage to the property of any person.	81866

(6) "Investigator" means an investigator of the bureau of	81867
criminal identification and investigation as defined in section	81868
2903.11 of the Revised Code.	81869

(B) No insurer shall consider the circumstance that an	81870
applicant or policyholder has been involved in a motor vehicle	81871
accident while in the pursuit of the applicant's or policyholder's	81872
official duties as a law enforcement officer, firefighter,	81873
investigator, or operator of an emergency vehicle or ambulance,	81874
while operating a vehicle engaged in mowing or snow and ice	81875
removal as a county, township, or department of transportation	81876
employee, or while operating a vehicle while engaged in the	81877
pursuit of the applicant's or policyholder's official duties as a	81878
member of the motor carrier enforcement unit of the state highway	81879
patrol under section 5503.34 of the Revised Code, as a basis for	81880
doing either of the following:	81881

(1) Refusing to issue or deliver a policy of insurance upon a	81882
private automobile, or increasing the rate to be charged for such	81883
a policy;	81884

(2) Increasing the premium rate, canceling, or failing to	81885
renew an existing policy of insurance upon a private automobile.	81886

(C) Any applicant or policyholder affected by an action of an	81887
insurer in violation of this section may appeal to the	81888
superintendent of insurance. After a hearing held upon not less	81889
than ten days' notice to the applicant or policyholder and to the	81890
insurer and if the superintendent determines that the insurer has	81891
violated this section, the superintendent may direct the issuance	81892
of a policy, decrease the premium rate on a policy, or reinstate	81893
insurance coverage.	81894

(D) The employer of the law enforcement officer, firefighter,	81895
investigator, or operator of an emergency vehicle or ambulance,	81896
operator of a vehicle engaged in mowing or snow and ice removal,	81897
or operator of a vehicle who is a member of the motor carrier	81898
enforcement unit, except as otherwise provided in division (F) of	81899
this section, shall certify to the state highway patrol or law	81900
enforcement agency that investigates the accident whether the	81901
officer, firefighter, investigator, or operator of an emergency	81902
vehicle or ambulance, operator of a vehicle engaged in mowing or	81903
snow and ice removal, or operator of a vehicle who is a member of	81904
the motor carrier enforcement unit, was engaged in the performance	81905
of the person's official duties as such employee at the time of	81906
the accident. The employer shall designate an official authorized	81907
to make the certifications. The state highway patrol or law	81908
enforcement agency shall include the certification in any report	81909
of the accident forwarded to the department of public safety	81910
pursuant to sections 5502.11 and 5502.12 of the Revised Code and	81911
shall forward the certification to the department if received	81912
after the report of the accident has been forwarded to the	81913
department. The registrar of motor vehicles shall not include an	81914
accident in a certified abstract of information under division (A)	81915
of section 4509.05 of the Revised Code, if the person involved has	81916
been so certified as having been engaged in the performance of the	81917
person's official duties at the time of the accident.	81918

(E) Division (B) of this section does not apply to an insurer	81919
whose policy covers the motor vehicle at the time the motor	81920
vehicle is involved in an accident described in division (B) of	81921
this section.	81922

(F) Division (B) of this section does not apply if an	81923
applicant or policyholder, on the basis of the applicant's or	81924
policyholder's involvement in an accident described in that	81925
division, is convicted of or pleads guilty or no contest to a	81926
violation of section 4511.19 of the Revised Code or a municipal	81927
OVI ordinance as defined in section 4511.181 of the Revised Code.	81928

Sec. 3963.01. As used in this chapter:

81929

(A) "Affiliate" means any person or entity that has ownership	81930
or control of a contracting entity, is owned or controlled by a	81931
contracting entity, or is under common ownership or control with a	81932
contracting entity.	81933

(B) "Basic health care services" has the same meaning as in	81934
division (A) of section 1751.01 of the Revised Code, except that	81935
it does not include any services listed in that division that are	81936
provided by a pharmacist or nursing home.	81937

(C) "Contracting entity" means any person that has a primary	81938
business purpose of contracting with participating providers for	81939
the delivery of health care services.	81940

(D) "Credentialing" means the process of assessing and	81941
validating the qualifications of a provider applying to be	81942
approved by a contracting entity to provide basic health care	81943
services, specialty health care services, or supplemental health	81944
care services to enrollees.	81945

(E) "Edit" means adjusting one or more procedure codes billed	81946
by a participating provider on a claim for payment or a practice	81947
that results in any of the following:	81948

(1) Payment for some, but not all of the procedure codes	81949
originally billed by a participating provider;	81950

(2) Payment for a different procedure code than the procedure	81951
code originally billed by a participating provider;	81952

(3) A reduced payment as a result of services provided to an	81953
enrollee that are claimed under more than one procedure code on	81954
the same service date.	81955

(F) "Electronic claims transport" means to accept and	81956
digitize claims or to accept claims already digitized, to place	81957
those claims into a format that complies with the electronic	81958
transaction standards issued by the United States department of	81959
health and human services pursuant to the "Health Insurance	81960
Portability and Accountability Act of 1996," 110 Stat. 1955, 42	81961
U.S.C. 1320d, et seq., as those electronic standards are	81962
applicable to the parties and as those electronic standards are	81963
updated from time to time, and to electronically transmit those	81964
claims to the appropriate contracting entity, payer, or	81965
third-party administrator.	81966

(G) "Enrollee" means any person eligible for health care	81967
benefits under a health benefit plan, including an eligible	81968
recipient of medicaid under Chapter 5111. of the Revised Code, and	81969
includes all of the following terms:	81970

(1) "Enrollee" and "subscriber" as defined by section 1751.01	81971
of the Revised Code;	81972

(2) "Member" as defined by section 1739.01 of the Revised	81973
Code;	81974

(3) "Insured" and "plan member" pursuant to Chapter 3923. of	81975
the Revised Code;	81976

(4) "Beneficiary" as defined by section 3901.38 of the	81977
Revised Code.	81978

(H) "Health care contract" means a contract entered into,	81979
materially amended, or renewed between a contracting entity and a	81980
participating provider for the delivery of basic health care	81981
services, specialty health care services, or supplemental health	81982
care services to enrollees.	81983

(I) "Health care services" means basic health care services,	81984
specialty health care services, and supplemental health care	81985
services.	81986

(J) "Material amendment" means an amendment to a health care	81987
contract that decreases the participating provider's payment or	81988
compensation, changes the administrative procedures in a way that	81989
may reasonably be expected to significantly increase the	81990
provider's administrative expenses, or adds a new product. A	81991
material amendment does not include any of the following:	81992

(1) A decrease in payment or compensation resulting solely	81993
from a change in a published fee schedule upon which the payment	81994
or compensation is based and the date of applicability is clearly	81995
identified in the contract;	81996

(2) A decrease in payment or compensation that was	81997
anticipated under the terms of the contract, if the amount and	81998
date of applicability of the decrease is clearly identified in the	81999
contract;	82000

(3) An administrative change that may significantly increase	82001
the provider's administrative expense, the specific applicability	82002
of which is clearly identified in the contract;	82003

(4) Changes to an existing prior authorization,	82004
precertification, notification, or referral program that do not	82005
substantially increase the provider's administrative expense;	82006

(5) Changes to an edit program or to specific edits if the	82007
participating provider is provided notice of the changes pursuant	82008
to division (A)(1) of section 3963.04 of the Revised Code and the	82009
notice includes information sufficient for the provider to	82010
determine the effect of the change;	82011

(6) Changes to a health care contract described in division	82012
(B) of section 3963.04 of the Revised Code.	82013

(K) "Participating provider" means a provider that has a	82014
health care contract with a contracting entity and is entitled to	82015
reimbursement for health care services rendered to an enrollee	82016
under the health care contract.	82017

(L) "Payer" means any person that assumes the financial risk	82018
for the payment of claims under a health care contract or the	82019
reimbursement for health care services provided to enrollees by	82020
participating providers pursuant to a health care contract.	82021

(M) "Primary enrollee" means a person who is responsible for	82022
making payments for participation in a health care plan or an	82023
enrollee whose employment or other status is the basis of	82024
eligibility for enrollment in a health care plan.	82025

(N) "Procedure codes" includes the American medical	82026
association's current procedural terminology code, the American	82027
dental association's current dental terminology, and the centers	82028
for medicare and medicaid services health care common procedure	82029
coding system.	82030

(O) "Product" means one of the following types of categories	82031
of coverage for which a participating provider may be obligated to	82032
provide health care services pursuant to a health care contract:	82033

(1) A health maintenance organization or other product	82034
provided by a health insuring corporation;	82035

(2) A preferred provider organization;

82036

(3) Medicare;

82037

(4) Medicaid ~~or the children's buy-in program established~~	82038
~~under section 5101.5211 to 5101.5216 of the Revised Code~~;	82039

(5) Workers' compensation.

82040

(P) "Provider" means a physician, podiatrist, dentist,	82041
chiropractor, optometrist, psychologist, physician assistant,	82042
advanced practice nurse, occupational therapist, massage	82043
therapist, physical therapist, professional counselor,	82044
professional clinical counselor, hearing aid dealer, orthotist,	82045
prosthetist, home health agency, hospice care program, or	82046
hospital, or a provider organization or physician-hospital	82047
organization that is acting exclusively as an administrator on	82048
behalf of a provider to facilitate the provider's participation in	82049
health care contracts. "Provider" does not mean a pharmacist,	82050
pharmacy, nursing home, or a provider organization or	82051
physician-hospital organization that leases the provider	82052
organization's or physician-hospital organization's network to a	82053
third party or contracts directly with employers or health and	82054
welfare funds.	82055

(Q) "Specialty health care services" has the same meaning as	82056
in section 1751.01 of the Revised Code, except that it does not	82057
include any services listed in division (B) of section 1751.01 of	82058
the Revised Code that are provided by a pharmacist or a nursing	82059
home.	82060

(R) "Supplemental health care services" has the same meaning	82061
as in division (B) of section 1751.01 of the Revised Code, except	82062
that it does not include any services listed in that division that	82063
are provided by a pharmacist or nursing home.	82064

Sec. 3963.11. (A) No contracting entity shall do any of the	82065
following:	82066

(1) Offer to a provider ~~other than a hospital~~ a health care	82067
contract that includes a most favored nation clause;	82068

(2) Enter into a health care contract with a provider ~~other~~	82069
~~than a hospital~~ that includes a most favored nation clause;	82070

(3) Amend or renew an existing health care contract	82071
previously entered into with a provider ~~other than a hospital~~so	82072
that the contract as amended or renewed adds or continues to	82073
include a most favored nation clause.	82074

~~(B) This section shall not go into effect until three years~~	82075
~~after the effective date of this section.~~	82076

~~(C)~~(B) As used in this section:

82077

(1) "Contracting entity," "health care contract," "health	82078
care services," "participating provider," and "provider" have the	82079
same meanings as in section 3963.01 of the Revised Code.	82080

(2) "Most favored nation clause" means a provision in a	82081
health care contract that does any of the following:	82082

(a) Prohibits, or grants a contracting entity an option to	82083
prohibit, the participating provider from contracting with another	82084
contracting entity to provide health care services at a lower	82085
price than the payment specified in the contract;	82086

(b) Requires, or grants a contracting entity an option to	82087
require, the participating provider to accept a lower payment in	82088
the event the participating provider agrees to provide health care	82089
services to any other contracting entity at a lower price;	82090

(c) Requires, or grants a contracting entity an option to	82091
require, termination or renegotiation of the existing health care	82092
contract in the event the participating provider agrees to provide	82093
health care services to any other contracting entity at a lower	82094
price;	82095

(d) Requires the participating provider to disclose the	82096
participating provider's contractual reimbursement rates with	82097
other contracting entities.	82098

Sec. 4113.11. (A) As specified in division (B) of this	82099
section and except as provided in divisions (C) and ~~(F)~~(E) of this	82100
section, all employers that employ ten or more employees shall	82101
adopt and maintain a cafeteria plan that allows the employer's	82102
employees to pay for health insurance coverage by a salary	82103
reduction arrangement as permitted under section 125 of the	82104
Internal Revenue Code.	82105

(B) Employers shall comply with the requirements of division	82106
(A) of this section as follows:	82107

(1) For employers that employ more than five hundred	82108
employees, by not later than January 1, 2011, or six months after	82109
the superintendent of insurance adopts rules as required by	82110
division ~~(E)~~(D) of this section, whichever is later;	82111

(2) For employers that employ one hundred fifty to five	82112
hundred employees, by not later than July 1, 2011, or twelve	82113
months after the superintendent adopts rules as required by	82114
division ~~(E)~~(D) of this section, whichever is later;	82115

(3) For employers that employ ten to one hundred forty-nine	82116
employees, by not later than January 1, 2012, or eighteen months	82117
after the superintendent adopts rules as required by division	82118
~~(E)~~(D) of this section, whichever is later.	82119

(C) This section shall not apply to employers that, through	82120
other means than provided under this section, offer health	82121
insurance coverage, reimburse for health insurance coverage, or	82122
provide employees with opportunities to pay for health insurance	82123
with pre-tax dollars through other salary reduction arrangements.	82124

(D) ~~The health care coverage and quality council created~~	82125
~~under section 3923.90 of the Revised Code shall make~~	82126
~~recommendations to the superintendent for both of the following:~~	82127

~~(1) Development of strategies to educate, assist, and conduct~~	82128
~~outreach to employers to simplify administrative processes with~~	82129
~~respect to creating and maintaining cafeteria plans, including,~~	82130
~~but not limited to, providing employers with model cafeteria plan~~	82131
~~documents and technical assistance on creating and maintaining~~	82132
~~cafeteria plans that conform with state and federal law;~~	82133

~~(2) Development of strategies to educate, assist, and conduct~~	82134
~~outreach to employees with respect to finding, selecting, and~~	82135
~~purchasing a health insurance plan to be paid for through their~~	82136
~~employer's cafeteria plan under this section.~~	82137

~~(E)~~(1) The superintendent shall adopt rules in accordance	82138
with Chapter 119. of the Revised Code to implement and enforce	82139
this section~~, including the strategies recommended by the council~~	82140
~~pursuant to division (D) of this section~~.	82141

(2) Prior to adopting rules under this division, the	82142
superintendent shall consult any federal agency that has oversight	82143
of cafeteria plans and employee welfare benefit plans, including	82144
the internal revenue service and the United States department of	82145
labor, and receive written confirmation that the rules adopted	82146
will permit employers to establish cafeteria plans in accordance	82147
with federal law. The written confirmation shall include a	82148
determination that individual policies purchased pursuant to this	82149
section do not need to comply with the group market rules	82150
established by the "Health Insurance Portability and	82151
Accountability Act of 1996."	82152

~~(F)~~(E) The requirement provided in division (A) of this	82153
section does not apply if the superintendent does not receive	82154
written confirmation pursuant to division ~~(E)~~(D)(2) of this	82155
section that individual policies purchased pursuant to this	82156
section do not need to comply with the group market rules	82157
established by the "Health Insurance Portability and	82158
Accountability Act of 1996."	82159

~~(G)~~(F) Nothing in this section shall be construed as	82160
requiring an employer to establish a cafeteria plan in a manner	82161
that would violate federal law, including the "Employee Retirement	82162
Income Security Act of 1974," the "Consolidated Omnibus Budget	82163
Reconciliation Act of 1985," or the "Health Insurance Portability	82164
and Accountability Act of 1996."	82165

~~(H)~~(G) As used in this section:

82166

(1) "Cafeteria plan" has the same meaning as in section 125	82167
of the Internal Revenue Code.	82168

(2) "Employer" has the same meaning as in section 4113.51 of	82169
the Revised Code.	82170

(3) "Employee" means an individual employed for consideration	82171
who works twenty-five or more hours per week or who renders any	82172
other standard of service generally accepted by custom or	82173
specified by contract as full-time employment, except for a public	82174
employee employed by a township or municipal corporation. In that	82175
case, "employee" means an individual hired with the expectation	82176
that the employee will work more than one thousand five hundred	82177
hours in any year unless full-time employment is defined	82178
differently in an applicable collective bargaining agreement.	82179

Sec. 4113.61. (A)(1) If a subcontractor or material supplier	82180
submits an application or request for payment or an invoice for	82181
materials to a contractor in sufficient time to allow the	82182
contractor to include the application, request, or invoice in the	82183
contractor's own pay request submitted to an owner, the	82184
contractor, within ten calendar days after receipt of payment from	82185
the owner for improvements to property, shall pay to the:	82186

(a) Subcontractor, an amount that is equal to the percentage	82187
of completion of the subcontractor's contract allowed by the owner	82188
for the amount of labor or work performed;	82189

(b) Material supplier, an amount that is equal to all or that	82190
portion of the invoice for materials which represents the	82191
materials furnished by the material supplier.	82192

The contractor may reduce the amount paid by any retainage	82193
provision contained in the contract, invoice, or purchase order	82194
between the contractor and the subcontractor or material supplier,	82195
and may withhold amounts that may be necessary to resolve disputed	82196
liens or claims involving the work or labor performed or material	82197
furnished by the subcontractor or material supplier.	82198

If the contractor fails to comply with division (A)(1) of	82199
this section, the contractor shall pay the subcontractor or	82200
material supplier, in addition to the payment due, interest in the	82201
amount of eighteen per cent per annum of the payment due,	82202
beginning on the eleventh day following the receipt of payment	82203
from the owner and ending on the date of full payment of the	82204
payment due plus interest to the subcontractor or material	82205
supplier.	82206

(2) If a lower tier subcontractor or lower tier material	82207
supplier submits an application or request for payment or an	82208
invoice for materials to a subcontractor, material supplier, or	82209
other lower tier subcontractor or lower tier material supplier in	82210
sufficient time to allow the subcontractor, material supplier, or	82211
other lower tier subcontractor or lower tier material supplier to	82212
include the application, request, or invoice in the	82213
subcontractor's, material supplier's, or other lower tier	82214
subcontractor's or lower tier material supplier's own pay request	82215
submitted to a contractor, other subcontractor, material supplier,	82216
lower tier subcontractor, or lower tier material supplier, the	82217
subcontractor, material supplier, or other lower tier	82218
subcontractor or lower tier material supplier, within ten calendar	82219
days after receipt of payment from the contractor, other	82220
subcontractor, material supplier, lower tier subcontractor, or	82221
lower tier material supplier for improvements to property, shall	82222
pay to the:	82223

(a) Lower tier subcontractor, an amount that is equal to the	82224
percentage of completion of the lower tier subcontractor's	82225
contract allowed by the owner for the amount of labor or work	82226
performed;	82227

(b) Lower tier material supplier, an amount that is equal to	82228
all or that portion of the invoice for materials which represents	82229
the materials furnished by the lower tier material supplier.	82230

The subcontractor, material supplier, lower tier	82231
subcontractor, or lower tier material supplier may reduce the	82232
amount paid by any retainage provision contained in the contract,	82233
invoice, or purchase order between the subcontractor, material	82234
supplier, lower tier subcontractor, or lower tier material	82235
supplier and the lower tier subcontractor or lower tier material	82236
supplier, and may withhold amounts that may be necessary to	82237
resolve disputed liens or claims involving the work or labor	82238
performed or material furnished by the lower tier subcontractor or	82239
lower tier material supplier.	82240

If the subcontractor, material supplier, lower tier	82241
subcontractor, or lower tier material supplier fails to comply	82242
with division (A)(2) of this section, the subcontractor, material	82243
supplier, lower tier subcontractor, or lower tier material	82244
supplier shall pay the lower tier subcontractor or lower tier	82245
material supplier, in addition to the payment due, interest in the	82246
amount of eighteen per cent per annum of the payment due,	82247
beginning on the eleventh day following the receipt of payment	82248
from the contractor, other subcontractor, material supplier, lower	82249
tier subcontractor, or lower tier material supplier and ending on	82250
the date of full payment of the payment due plus interest to the	82251
lower tier subcontractor or lower tier material supplier.	82252

(3) If a contractor receives any final retainage from the	82253
owner for improvements to property, the contractor shall pay from	82254
that retainage each subcontractor and material supplier the	82255
subcontractor's or material supplier's proportion of the	82256
retainage, within ten calendar days after receipt of the retainage	82257
from the owner, or within the time period provided in a contract,	82258
invoice, or purchase order between the contractor and the	82259
subcontractor or material supplier, whichever time period is	82260
shorter, provided that the contractor has determined that the	82261
subcontractor's or material supplier's work, labor, and materials	82262
have been satisfactorily performed or furnished and that the owner	82263
has approved the subcontractor's or material supplier's work,	82264
labor, and materials.	82265

If the contractor fails to pay a subcontractor or material	82266
supplier within the appropriate time period, the contractor shall	82267
pay the subcontractor or material supplier, in addition to the	82268
retainage due, interest in the amount of eighteen per cent per	82269
annum of the retainage due, beginning on the eleventh day	82270
following the receipt of the retainage from the owner and ending	82271
on the date of full payment of the retainage due plus interest to	82272
the subcontractor or material supplier.	82273

(4) If a subcontractor, material supplier, lower tier	82274
subcontractor, or lower tier material supplier receives any final	82275
retainage from the contractor or other subcontractor, lower tier	82276
subcontractor, or lower tier material supplier for improvements to	82277
property, the subcontractor, material supplier, lower tier	82278
subcontractor, or lower tier material supplier shall pay from that	82279
retainage each lower tier subcontractor or lower tier the lower	82280
tier subcontractor's or lower tier material supplier's proportion	82281
of the retainage, within ten calendar days after receipt of	82282
payment from the contractor or other subcontractor, lower tier	82283
subcontractor, or lower tier material supplier, or within the time	82284
period provided in a contract, invoice, or purchase order between	82285
the subcontractor, material supplier, lower tier subcontractor, or	82286
lower tier material supplier and the lower tier subcontractor or	82287
lower tier material supplier, whichever time period is shorter,	82288
provided that the subcontractor, material supplier, lower tier	82289
subcontractor, or lower tier material supplier has determined that	82290
the lower tier subcontractor's or lower tier material supplier's	82291
work, labor, and materials have been satisfactorily performed or	82292
furnished and that the owner has approved the lower tier	82293
subcontractor's or lower tier material supplier's work, labor, and	82294
materials.	82295

If the subcontractor, material supplier, lower tier	82296
subcontractor, or lower tier material supplier fails to pay the	82297
lower tier subcontractor or lower tier material supplier within	82298
the appropriate time period, the subcontractor, material supplier,	82299
lower tier subcontractor, or lower tier material supplier shall	82300
pay the lower tier subcontractor or lower tier material supplier,	82301
in addition to the retainage due, interest in the amount of	82302
eighteen per cent per annum of the retainage due, beginning on the	82303
eleventh day following the receipt of the retainage from the	82304
contractor or other subcontractor, lower tier subcontractor, or	82305
lower tier material supplier and ending on the date of full	82306
payment of the retainage due plus interest to the lower tier	82307
subcontractor or lower tier material supplier.	82308

(5) A contractor, subcontractor, or lower tier subcontractor	82309
shall pay a laborer wages due within ten days of payment of any	82310
application or request for payment or the receipt of any retainage	82311
from an owner, contractor, subcontractor, or lower tier	82312
subcontractor.	82313

If the contractor, subcontractor, or lower tier subcontractor	82314
fails to pay the laborer wages due within the appropriate time	82315
period, the contractor, subcontractor, or lower tier subcontractor	82316
shall pay the laborer, in addition to the wages due, interest in	82317
the amount of eighteen per cent per annum of the wages due,	82318
beginning on the eleventh day following the receipt of payment	82319
from the owner, contractor, subcontractor, or lower tier	82320
subcontractor and ending on the date of full payment of the wages	82321
due plus interest to the laborer.	82322

(B)(1) If a contractor, subcontractor, material supplier,	82323
lower tier subcontractor, or lower tier material supplier has not	82324
made payment in compliance with division (A)(1), (2), (3), (4), or	82325
(5) of this section within thirty days after payment is due, a	82326
subcontractor, material supplier, lower tier subcontractor, lower	82327
tier material supplier, or laborer may file a civil action to	82328
recover the amount due plus the interest provided in those	82329
divisions. If the court finds in the civil action that a	82330
contractor, subcontractor, material supplier, lower tier	82331
subcontractor, or lower tier material supplier has not made	82332
payment in compliance with those divisions, the court shall award	82333
the interest specified in those divisions, in addition to the	82334
amount due. Except as provided in division (B)(3) of this section,	82335
the court shall award the prevailing party reasonable attorney	82336
fees and court costs.	82337

(2) In making a determination to award attorney fees under	82338
division (B)(1) of this section, the court shall consider all	82339
relevant factors, including but not limited to the following:	82340

(a) The presence or absence of good faith allegations or	82341
defenses asserted by the parties;	82342

(b) The proportion of the amount of recovery as it relates to	82343
the amount demanded;	82344

(c) The nature of the services rendered and the time expended	82345
in rendering the services.	82346

(3) The court shall not award attorney fees under division	82347
(B)(1) of this section if the court determines, following a	82348
hearing on the payment of attorney fees, that the payment of	82349
attorney fees to the prevailing party would be inequitable.	82350

(C) This section does not apply to any construction or	82351
improvement of any single-, two-, or three-family detached	82352
dwelling houses.	82353

(D)(1) No provision of this section regarding entitlement to	82354
interest, attorney fees, or court costs may be waived by agreement	82355
and any such term in any contract or agreement is void and	82356
unenforceable as against public policy.	82357

(2) This section shall not be construed as impairing or	82358
affecting, in any way, the terms and conditions of any contract,	82359
invoice, purchase order, or any other agreement between a	82360
contractor and a subcontractor or a material supplier or between a	82361
subcontractor and another subcontractor, a material supplier, a	82362
lower tier subcontractor, or a lower tier material supplier,	82363
except that if such terms and conditions contain time periods	82364
which are longer than any of the time periods specified in	82365
divisions (A)(1), (2), (3), (4), and (5) of this section or	82366
interest at a percentage less than the interest stated in those	82367
divisions, then the provisions of this section shall prevail over	82368
such terms and conditions.	82369

(E) Notwithstanding the definition of lower tier material	82370
supplier in this section, a person is not a lower tier material	82371
supplier unless the materials supplied by the person are:	82372

(1) Furnished with the intent, as evidenced by the contract	82373
of sale, the delivery order, delivery to the site, or by other	82374
evidence that the materials are to be used on a particular	82375
structure or improvement;	82376

(2) Incorporated in the improvement or consumed as normal	82377
wastage in the course of the improvement; or	82378

(3) Specifically fabricated for incorporation in the	82379
improvement and not readily resalable in the ordinary course of	82380
the fabricator's business even if not actually incorporated in the	82381
improvement.	82382

(F) As used in this section:

82383

(1) "Contractor" means any person who undertakes to	82384
construct, alter, erect, improve, repair, demolish, remove, dig,	82385
or drill any part of a structure or improvement under a contract	82386
with an owner, or a "construction manager" or "construction	82387
manager at risk" as ~~that term is~~those terms are defined in	82388
section 9.33 of the Revised Code, or a "design-build firm" as that	82389
term is defined in section 153.65 of the Revised Code.	82390

(2) "Laborer," "material supplier," "subcontractor," and	82391
"wages" have the same meanings as in section 1311.01 of the	82392
Revised Code.	82393

(3) "Lower tier subcontractor" means a subcontractor who is	82394
not in privity of contract with a contractor but is in privity of	82395
contract with another subcontractor.	82396

(4) "Lower tier material supplier" means a material supplier	82397
who is not in privity of contract with a contractor but is in	82398
privity of contract with another subcontractor or a material	82399
supplier.	82400

(5) "Wages due" means the wages due to a laborer as of the	82401
date a contractor or subcontractor receives payment for any	82402
application or request for payment or retainage from any owner,	82403
contractor, or subcontractor.	82404

(6) "Owner" includes the state, and a county, township,	82405
municipal corporation, school district, or other political	82406
subdivision of the state, and any public agency, authority, board,	82407
commission, instrumentality, or special district of or in the	82408
state or a county, township, municipal corporation, school	82409
district, or other political subdivision of the state, and any	82410
officer or agent thereof and relates to all the interests either	82411
legal or equitable, which a person may have in the real estate	82412
upon which improvements are made, including interests held by any	82413
person under contracts of purchase, whether in writing or	82414
otherwise.	82415

Sec. 4115.03. As used in sections 4115.03 to 4115.16 of the	82416
Revised Code:	82417

(A) "Public authority" means any officer, board, or	82418
commission of the state, or any political subdivision of the	82419
state, authorized to enter into a contract for the construction of	82420
a public improvement or to construct the same by the direct	82421
employment of labor, or any institution supported in whole or in	82422
part by public funds and said sections apply to expenditures of	82423
such institutions made in whole or in part from public funds.	82424

(B) "Construction" means ~~either~~any of the following:

82425

(1) ~~Any~~Except as provided in division (B)(3) of this	82426
section, any new construction of ~~any~~a public improvement, the	82427
total overall project cost of which is fairly estimated to be more	82428
than ~~fifty thousand dollars adjusted biennially by the director~~	82429
~~of commerce pursuant to section 4115.034 of the Revised Code~~the	82430
following amounts and performed by other than full-time employees	82431
who have completed their probationary periods in the classified	82432
service of a public authority;:	82433

(a) One hundred twenty-five thousand dollars, beginning on	82434
the effective date of this amendment and continuing for one year	82435
thereafter;	82436

(b) Two hundred thousand dollars, beginning when the time	82437
period described in division (B)(1)(a) of this section expires and	82438
continuing for one year thereafter;	82439

(c) Two hundred fifty thousand dollars, beginning when the	82440
time period described in division (B)(1)(b) of this section	82441
expires.	82442

(2) ~~Any~~Except as provided in division (B)(4) of this	82443
section, any reconstruction, enlargement, alteration, repair,	82444
remodeling, renovation, or painting of ~~any~~a public improvement,	82445
the total overall project cost of which is fairly estimated to be	82446
more than ~~fifteen thousand dollars adjusted biennially by the~~	82447
~~administrator pursuant to section 4115.034 of the Revised Code~~the	82448
following amounts and performed by other than full-time employees	82449
who have completed their probationary period in the classified	82450
civil service of a public authority:	82451

(a) Thirty-eight thousand dollars, beginning on the effective	82452
date of this amendment and continuing for one year thereafter;	82453

(b) Sixty thousand dollars, beginning when the time period	82454
described in division (B)(2)(a) of this section expires and	82455
continuing for one year thereafter;	82456

(c) Seventy-five thousand dollars, beginning when the time	82457
period described in division (B)(2)(b) of this section expires.	82458

(3) Any new construction of a public improvement that	82459
involves roads, streets, alleys, sewers, ditches, and other works	82460
connected to road or bridge construction, the total overall	82461
project cost of which is fairly estimated to be more than	82462
seventy-eight thousand two hundred fifty-eight dollars adjusted	82463
biennially by the director of commerce pursuant to section	82464
4115.034 of the Revised Code and performed by other than full-time	82465
employees who have completed their probationary periods in the	82466
classified service of a public authority;	82467

(4) Any reconstruction, enlargement, alteration, repair,	82468
remodeling, renovation, or painting of a public improvement that	82469
involves roads, streets, alleys, sewers, ditches, and other works	82470
connected to road or bridge construction, the total overall	82471
project cost of which is fairly estimated to be more than	82472
twenty-three thousand four hundred forty-seven dollars adjusted	82473
biennially by the director of commerce pursuant to section	82474
4115.034 of the Revised code and performed by other than full-time	82475
employees who have completed their probationary periods in the	82476
classified service of a public authority.	82477

(C) "Public improvement" includes all buildings, roads,	82478
streets, alleys, sewers, ditches, sewage disposal plants, water	82479
works, and all other structures or works constructed by a public	82480
authority of the state or any political subdivision thereof or by	82481
any person who, pursuant to a contract with a public authority,	82482
constructs any structure for a public authority of the state or a	82483
political subdivision thereof. When a public authority rents or	82484
leases a newly constructed structure within six months after	82485
completion of such construction, all work performed on such	82486
structure to suit it for occupancy by a public authority is a	82487
"public improvement." "Public improvement" does not include an	82488
improvement authorized by section 1515.08 of the Revised Code that	82489
is constructed pursuant to a contract with a soil and water	82490
conservation district, as defined in section 1515.01 of the	82491
Revised Code, or performed as a result of a petition filed	82492
pursuant to Chapter 6131., 6133., or 6135. of the Revised Code,	82493
wherein no less than seventy-five per cent of the project is	82494
located on private land and no less than seventy-five per cent of	82495
the cost of the improvement is paid for by private property owners	82496
pursuant to Chapter 1515., 6131., 6133., or 6135. of the Revised	82497
Code.	82498

(D) "Locality" means the county wherein the physical work	82499
upon any public improvement is being performed.	82500

(E) "Prevailing wages" means the sum of the following:

82501

(1) The basic hourly rate of pay;

82502

(2) The rate of contribution irrevocably made by a contractor	82503
or subcontractor to a trustee or to a third person pursuant to a	82504
fund, plan, or program;	82505

(3) The rate of costs to the contractor or subcontractor	82506
which may be reasonably anticipated in providing the following	82507
fringe benefits to laborers and mechanics pursuant to an	82508
enforceable commitment to carry out a financially responsible plan	82509
or program which was communicated in writing to the laborers and	82510
mechanics affected:	82511

(a) Medical or hospital care or insurance to provide such;

82512

(b) Pensions on retirement or death or insurance to provide	82513
such;	82514

(c) Compensation for injuries or illnesses resulting from	82515
occupational activities if it is in addition to that coverage	82516
required by Chapters 4121. and 4123. of the Revised Code;	82517

(d) Supplemental unemployment benefits that are in addition	82518
to those required by Chapter 4141. of the Revised Code;	82519

(e) Life insurance;

82520

(f) Disability and sickness insurance;

82521

(g) Accident insurance;

82522

(h) Vacation and holiday pay;

82523

(i) Defraying of costs for apprenticeship or other similar	82524
training programs which are beneficial only to the laborers and	82525
mechanics affected;	82526

(j) Other bona fide fringe benefits.

82527

None of the benefits enumerated in division (E)(3) of this	82528
section may be considered in the determination of prevailing wages	82529
if federal, state, or local law requires contractors or	82530
subcontractors to provide any of such benefits.	82531

(F) "Interested party," with respect to a particular contract	82532
for construction of a public improvement, means:	82533

(1) Any person who submits a bid for the purpose of securing	82534
the award of athe contract ~~for construction of the public~~	82535
~~improvement~~;	82536

(2) Any person acting as a subcontractor of a person	82537
~~mentioned~~described in division (F)(1) of this section;	82538

(3) Any bona fide organization of labor which has as members	82539
or is authorized to represent employees of a person ~~mentioned~~	82540
described in division (F)(1) or (2) of this section and which	82541
exists, in whole or in part, for the purpose of negotiating with	82542
employers concerning the wages, hours, or terms and conditions of	82543
employment of employees;	82544

(4) Any association having as members any of the persons	82545
~~mentioned~~described in division (F)(1) or (2) of this section.	82546

(G) Except as used in division (A) of this section, "officer"	82547
means an individual who has an ownership interest or holds an	82548
office of trust, command, or authority in a corporation, business	82549
trust, partnership, or association.	82550

Sec. 4115.033. No public authority shall subdivide a public	82551
improvement project into component parts or projects, the cost of	82552
which is fairly estimated to be less than the threshold levels set	82553
forth in ~~divisions~~division (B)~~(1) and (2)~~ of section 4115.03 of	82554
the Revised Code, unless the projects are conceptually separate	82555
and unrelated to each other, or encompass independent and	82556
unrelated needs of the public authority.	82557

Sec. 4115.034. On January 1, 1996, and the first day of	82558
January of every even-numbered year thereafter, the director of	82559
commerce shall adjust the threshold levels for which public	82560
improvement projects are subject to sections 4115.03 to 4115.16 of	82561
the Revised Code as set forth in divisions (B)~~(1)~~(3) and ~~(2)~~(4) of	82562
section 4115.03 of the Revised Code. The director shall adjust	82563
those amounts according to the average increase or decrease for	82564
each of the two years immediately preceding the adjustment as set	82565
forth in the United States department of commerce, bureau of the	82566
census implicit price deflator for construction, provided that no	82567
increase or decrease for any year shall exceed three per cent of	82568
the threshold level in existence at the time of the adjustment.	82569

Sec. 4115.04. (A)(1) Every public authority authorized to	82570
contract for or construct with its own forces a public	82571
improvement, before advertising for bids or undertaking such	82572
construction with its own forces, shall have the director of	82573
commerce determine the prevailing rates of wages of mechanics and	82574
laborers in accordance with section 4115.05 of the Revised Code	82575
for the class of work called for by the public improvement, in the	82576
locality where the work is to be performed. Except as provided in	82577
division (A)(2) of this section, that schedule of wages shall be	82578
attached to and made part of the specifications for the work, and	82579
shall be printed on the bidding blanks where the work is done by	82580
contract. A copy of the bidding blank shall be filed with the	82581
director before the contract is awarded. A minimum rate of wages	82582
for common laborers, on work coming under the jurisdiction of the	82583
department of transportation, shall be fixed in each county of the	82584
state by the department of transportation, in accordance with	82585
section 4115.05 of the Revised Code.	82586

(2) In the case of contracts that are administered by the	82587
department of natural resources, the director of natural resources	82588
or the director's designee shall include language in the contracts	82589
requiring wage rate determinations and updates to be obtained	82590
directly from the department of commerce through electronic or	82591
other means as appropriate. Contracts that include this	82592
requirement are exempt from the requirements established in	82593
division (A)(1) of this section that involve attaching the	82594
schedule of wages to the specifications for the work, making the	82595
schedule part of those specifications, and printing the schedule	82596
on the bidding blanks where the work is done by contract.	82597

(B) Sections 4115.03 to 4115.16 of the Revised Code do not	82598
apply to:	82599

(1) Public improvements in any case where the federal	82600
government or any of its agencies furnishes by loan or grant all	82601
or any part of the funds used in constructing such improvements,	82602
provided that the federal government or any of its agencies	82603
prescribes predetermined minimum wages to be paid to mechanics and	82604
laborers employed in the construction of such improvements;	82605

(2) A participant in a work activity, developmental activity,	82606
or an alternative work activity under sections 5107.40 to 5107.69	82607
of the Revised Code when a public authority directly uses the	82608
labor of the participant to construct a public improvement if the	82609
participant is not engaged in paid employment or subsidized	82610
employment pursuant to the activity;	82611

(3) Public improvements undertaken by, or under contract for,	82612
the board of education of any school district or the governing	82613
board of any educational service center;	82614

(4) Public improvements undertaken by, or under contract for,	82615
a county hospital operated pursuant to Chapter 339. of the Revised	82616
Code or a municipal hospital operated pursuant to Chapter 749. of	82617
the Revised Code if none of the funds used in constructing the	82618
improvements are the proceeds of bonds or other obligations that	82619
are secured by the full faith and credit of the state, a county, a	82620
township, or a municipal corporation and none of the funds used in	82621
constructing the improvements, including funds used to repay any	82622
amounts borrowed to construct the improvements, are funds that	82623
have been appropriated for that purpose by the state, a board of	82624
county commissioners, a township, or a municipal corporation from	82625
funds generated by the levy of a tax, provided that a county	82626
hospital or municipal hospital may elect to apply sections 4115.03	82627
to 4115.16 of the Revised Code to a public improvement undertaken	82628
by, or under contract for, the hospital;	82629

(5) Any project described in divisions (D)(1)(a) to (D)(1)(e)	82630
of section 176.05 of the Revised Code;	82631

(6) Public improvements undertaken by, or under contract for,	82632
a port authority as defined in section 4582.01 or 4582.21 of the	82633
Revised Code;	82634

(7) Any portion of a public improvement undertaken and	82635
completed solely with labor donated by the individuals performing	82636
the labor, by a labor organization and its members, or by a	82637
contractor or subcontractor that donates all labor and materials	82638
for that portion of the public improvement project.	82639

(C) Under no circumstances shall a public authority apply the	82640
prevailing wage requirements of this chapter to a public	82641
improvement that is exempt under division (B)(3) of this section.	82642

Sec. 4115.05. The prevailing rate of wages to be paid for a	82643
legal day's work, as prescribed in section 4115.04 of the Revised	82644
Code, to laborers, workers, or mechanics upon public works shall	82645
not be less at any time during the life of a contract for the	82646
public work than the prevailing rate of wages then payable in the	82647
same trade or occupation in the locality where such public work is	82648
being performed, under collective bargaining agreements or	82649
understandings, between employers and bona fide organizations of	82650
labor in force at the date the contract for the public work,	82651
relating to the trade or occupation, was made, and collective	82652
bargaining agreements or understandings successor thereto.	82653

Serving laborers, helpers, assistants and apprentices shall	82654
not be classified as common labor and shall be paid not less at	82655
any time during the life of a contract for the public work than	82656
the prevailing rate of wages then payable for such labor in the	82657
locality where the public work is being performed, under or as a	82658
result of collective bargaining agreements or understandings	82659
between employers and bona fide organizations of labor in force at	82660
the date the contract for the public work, requiring the	82661
employment of serving laborers, helpers, assistants, or	82662
apprentices, was made, and collective bargaining agreements or	82663
understandings successor thereto.	82664

Apprentices will be permitted to work only under a bona fide	82665
apprenticeship program if such program exists and is registered	82666
with the Ohio apprenticeship council.	82667

The allowable ratio of apprentices to skilled workers	82668
permitted to work shall not be greater than the ratio allowed the	82669
contractor or subcontractor in the collective bargaining agreement	82670
or understanding referred to in this section under which the work	82671
is being performed. A contractor, subcontractor, or public	82672
authority that exceeds the permissible ratio of apprentices to	82673
skilled workers by two or fewer apprentices for not more than two	82674
days in any thirty-day period shall not be found in violation of	82675
this provision with regard to that excess number of apprentices.	82676

For purposes of establishing the prevailing rate of wages, a	82677
labor organization that is a party to a collective bargaining	82678
agreement, contract, or understanding, including any successor	82679
agreement, contract, or understanding, that establishes wages for	82680
a trade or occupation typically employed on public improvements	82681
shall file with the director of commerce all relevant portions of	82682
any such agreement, contract, or understanding to which the labor	82683
organization is a party. The filing shall occur within ninety days	82684
after the agreement, contract, or understanding is executed,	82685
except that the relevant portion of any agreement, contract, or	82686
understanding to which a labor organization is a party on the	82687
effective date of this amendment shall be filed within ninety days	82688
after the effective date of this amendment. The labor organization	82689
shall certify under penalty of law that the portion of the	82690
agreement, contract, or understanding filed under this section	82691
contains, in full, all provisions of the agreement, contract, or	82692
understanding concerning wages paid to persons and the apprentice	82693
to skilled worker ratio under the agreement, contract, or	82694
understanding.	82695

In the event there is no such collective bargaining agreement	82696
or understanding in the immediate locality, then the prevailing	82697
rates of wages in the nearest locality in which such collective	82698
bargaining agreements or understandings are in effect shall be the	82699
prevailing rate of wages, in such locality, for the various	82700
occupations covered by sections 4115.03 to 4115.16 of the Revised	82701
Code.	82702

The prevailing rate of wages to be paid for a legal day's	82703
work, to laborers, workers, or mechanics, upon any material to be	82704
used in or in connection with a public work, shall be not less	82705
than the prevailing rate of wages payable for a day's work in the	82706
same trade or occupation in the locality within the state where	82707
such public work is being performed and where the material in its	82708
final or completed form is to be situated, erected, or used.	82709

Every contract for a public work shall contain a provision	82710
that each laborer, worker, or mechanic, employed by such	82711
contractor, subcontractor, or other person about or upon such	82712
public work, shall be paid the prevailing rate of wages provided	82713
in this section.	82714

No contractor or subcontractor under a contract for a public	82715
work shall sublet any of the work covered by such contract unless	82716
specifically authorized to do so by the contract.	82717

Where contracts are not awarded or construction undertaken	82718
within ninety days from the date of the establishment of the	82719
prevailing rate of wages, there shall be a redetermination of the	82720
prevailing rate of wages before the contract is awarded. ~~Upon~~	82721
~~receipt from the director of commerce of a notice of a change in~~	82722
~~prevailing wage rates, a~~A public authority shall, within seven	82723
working days after ~~receipt thereof~~receiving from the director a	82724
notice of a change in the prevailing wage rate, notify all	82725
affected contractors and subcontractors with whom the public	82726
authority has contracts for a public improvement of the changes	82727
and require the contractors to make the necessary adjustments in	82728
the prevailing wage rates.	82729

If, upon receipt of the relevant portions of a collective	82730
bargaining agreement, contract, or understanding, the director	82731
determines that the prevailing wage rate has changed in the	82732
locality in which an ongoing project is being constructed, any	82733
change in that rate shall take effect two weeks after the director	82734
receives the relevant portions of the agreement, contract, or	82735
understanding showing that the prevailing wage rate has changed.	82736

If the director determines that a contractor or subcontractor	82737
has violated sections 4115.03 to 4115.16 of the Revised Code	82738
because the public authority has not notified the contractor or	82739
subcontractor as required by this section, the public authority is	82740
liable for any back wages, fines, damages, court costs, and	82741
attorney's fees associated with the enforcement of said sections	82742
by the director for the period of time running until the public	82743
authority gives the required notice to the contractor or	82744
subcontractor.	82745

On the occasion of the first pay date under a contract, the	82746
contractor or subcontractor shall furnish each employee not	82747
covered by a collective bargaining agreement or understanding	82748
between employers and bona fide organizations of labor with	82749
individual written notification of the job classification to which	82750
the employee is assigned, the prevailing wage determined to be	82751
applicable to that classification, separated into the hourly rate	82752
of pay and the fringe payments, and the identity of the prevailing	82753
wage coordinator appointed by the public authority. The contractor	82754
or subcontractor shall furnish the same notification to each	82755
affected employee every time the job classification of the	82756
employee is changed.	82757

Sec. 4115.10. (A) No person, firm, corporation, or public	82758
authority that constructs a public improvement with its own	82759
forces, the total overall project cost of which is fairly	82760
estimated to be more than the amounts set forth in division (B)~~(1)~~	82761
~~or (2)~~ of section 4115.03 of the Revised Code, adjusted biennially	82762
by the director of commerce pursuant to section 4115.034 of the	82763
Revised Code, as appropriate, shall violate the wage provisions of	82764
sections 4115.03 to 4115.16 of the Revised Code, or suffer,	82765
permit, or require any employee to work for less than the rate of	82766
wages so fixed, or violate the provisions of section 4115.07 of	82767
the Revised Code. Any employee upon any public improvement, except	82768
an employee to whom or on behalf of whom restitution is made	82769
pursuant to division (C) of section 4115.13 of the Revised Code,	82770
who is paid less than the fixed rate of wages applicable thereto	82771
may recover from such person, firm, corporation, or public	82772
authority that constructs a public improvement with its own forces	82773
the difference between the fixed rate of wages and the amount paid	82774
to the employee and in addition thereto a sum equal to twenty-five	82775
per cent of that difference. The person, firm, corporation, or	82776
public authority who fails to pay the rate of wages so fixed also	82777
shall pay a penalty to the director of seventy-five per cent of	82778
the difference between the fixed rate of wages and the amount paid	82779
to the employees on the public improvement. The director shall	82780
deposit all moneys received from penalties paid to the director	82781
pursuant to this section into the ~~penalty enforcement~~labor	82782
operating fund~~, which is hereby created in the state treasury~~. The	82783
director shall use the fund for the enforcement of sections	82784
4115.03 to 4115.16 of the Revised Code. The employee may file suit	82785
for recovery within ninety days of the director's determination of	82786
a violation of sections 4115.03 to 4115.16 of the Revised Code or	82787
is barred from further action under this division. Where the	82788
employee prevails in a suit, the employer shall pay the costs and	82789
reasonable attorney's fees allowed by the court.	82790

(B) Any employee upon any public improvement who is paid less	82791
than the prevailing rate of wages applicable thereto may file a	82792
complaint in writing with the director upon a form furnished by	82793
the director. The complaint shall include documented evidence to	82794
demonstrate that the employee was paid less than the prevailing	82795
wage in violation of this chapter. Upon receipt of a properly	82796
completed written complaint of any employee paid less than the	82797
prevailing rate of wages applicable, the director shall take an	82798
assignment of a claim in trust for the assigning employee and	82799
bring any legal action necessary to collect the claim. The	82800
employer shall pay the costs and reasonable attorney's fees	82801
allowed by the court if the employer is found in violation of	82802
sections 4115.03 to 4115.16 of the Revised Code.	82803

(C) If after investigation pursuant to section 4115.13 of the	82804
Revised Code, the director determines there is a violation of	82805
sections 4115.03 to 4115.16 of the Revised Code and a period of	82806
sixty days has elapsed from the date of the determination, and if:	82807

(1) No employee has brought suit pursuant to division (A) of	82808
this section;	82809

(2) No employee has requested that the director take an	82810
assignment of a wage claim pursuant to division (B) of this	82811
section;.	82812

The director shall bring any legal action necessary to	82813
collect any amounts owed to employees and the director. The	82814
director shall pay over to the affected employees the amounts	82815
collected to which the affected employees are entitled under	82816
division (A) of this section. In any action in which the director	82817
prevails, the employer shall pay the costs and reasonable	82818
attorney's fees allowed by the court.	82819

(D) Where persons are employed and their rate of wages has	82820
been determined as provided in section 4115.04 of the Revised	82821
Code, no person, either for self or any other person, shall	82822
request, demand, or receive, either before or after the person is	82823
engaged, that the person so engaged pay back, return, donate,	82824
contribute, or give any part or all of the person's wages, salary,	82825
or thing of value, to any person, upon the statement,	82826
representation, or understanding that failure to comply with such	82827
request or demand will prevent the procuring or retaining of	82828
employment, and no person shall, directly or indirectly, aid,	82829
request, or authorize any other person to violate this section.	82830
This division does not apply to any agent or representative of a	82831
duly constituted labor organization acting in the collection of	82832
dues or assessments of such organization.	82833

(E) The director shall enforce sections 4115.03 to 4115.16 of	82834
the Revised Code.	82835

(F) For the purpose of supplementing existing resources and	82836
to assist in enforcing division (E) of this section, the director	82837
may contract with a person registered as a public accountant under	82838
Chapter 4701. of the Revised Code to conduct an audit of a person,	82839
firm, corporation, or public authority.	82840

(G) No contractor or subcontractor shall be responsible for	82841
the payment of the penalties provided in division (A) of this	82842
section resulting from a violation of sections 4115.03 to 4115.16	82843
of the Revised Code by its subcontractor, provided that the	82844
contractor or subcontractor has made a good faith effort to ensure	82845
that its subcontractor complied with the requirements of sections	82846
4115.03 to 4115.16 of the Revised Code.	82847

Sec. 4115.101. There is hereby created the prevailing wage	82848
custodial fund, which shall be in the custody of the treasurer of	82849
state but shall not be part of the state treasury. The director of	82850
commerce shall deposit to the fund all money paid by employers to	82851
the director that are held in trust for employees to whom	82852
prevailing wages are due and owing. The director shall make	82853
disbursements from the fund in accordance with this chapter to	82854
employees affected by violations of this chapter. If the director	82855
determines that any funds in the prevailing wage custodial fund	82856
are not returnable to employees as required under this section,	82857
then the director shall certify to the treasurer of state the	82858
amount of the funds that are not returnable. Upon the receipt of a	82859
certification from the director in accordance with this section,	82860
the treasurer of state shall transfer the certified amount of the	82861
funds from the prevailing wage custodial fund to the labor	82862
operating fund.	82863

Sec. 4115.13. (A) Upon the director's own motion or within	82864
five days of the filing of a properly completed complaint under	82865
section 4115.10 or 4115.16 of the Revised Code, the director of	82866
commerce, or a representative designated by the director, shall	82867
investigate any alleged violation of sections 4115.03 to 4115.16	82868
of the Revised Code.	82869

(B) At the conclusion of the investigation, the director or a	82870
designated representative shall make a ~~recommendation~~	82871
determination as to whether the alleged violation was committed.	82872
If the director or designated representative ~~recommends~~determines	82873
that the alleged violation was an intentional violation, the	82874
director or designated representative shall give written notice by	82875
certified mail of that ~~recommendation~~determination to the	82876
contractor, subcontractor, or officer of the contractor or	82877
subcontractor which also shall state that the contractor,	82878
subcontractor, or officer of the contractor or subcontractor may	82879
file with the director an appeal of the ~~recommendation~~	82880
determination within thirty days after the date the notice was	82881
received. If the contractor, subcontractor, or officer of the	82882
contractor or subcontractor timely appeals the ~~recommendation~~	82883
determination, within sixty days of the filing of the appeal, the	82884
director or designated representative shall schedule the appeal	82885
for a hearing. If the contractor, subcontractor, or officer of the	82886
contractor or subcontractor fails to timely appeal the	82887
~~recommendation~~determination, the director or designated	82888
representative shall adopt the ~~recommendation~~determination as a	82889
finding of fact for purposes of division (D) of this section. The	82890
director or designated representative, in the performance of any	82891
duty or execution of any power prescribed by sections 4115.03 to	82892
4115.16 of the Revised Code, may hold hearings, and such hearings	82893
shall be held within the county in which the violation of sections	82894
4115.03 to 4115.16 of the Revised Code is alleged to have been	82895
committed, or in Franklin county, whichever county the person	82896
alleged to have committed the violation chooses. For the purpose	82897
of the hearing, the director may designate a hearing examiner who	82898
shall, after notice to all interested parties, conduct a hearing	82899
and make findings of fact and recommendations to the director. The	82900
director shall make a decision, which shall be sent to the	82901
affected parties. The director or designated representative may	82902
make decisions, based upon findings of fact, as are found	82903
necessary to enforce sections 4115.03 to 4115.16 of the Revised	82904
Code.	82905

(C) If any underpayment by a contractor or subcontractor was	82906
the result of a misinterpretation of the statute, or an erroneous	82907
preparation of the payroll documents, the director or designated	82908
representative may make a decision ordering the employer to make	82909
restitution to the employees, or on their behalf, the plans,	82910
funds, or programs for any type of fringe benefits described in	82911
the applicable wage determination. In accordance with the finding	82912
of the director that any underpayment was the result of a	82913
misinterpretation of the statute, or an erroneous preparation of	82914
the payroll documents, employers who make restitution are not	82915
subject to any further proceedings pursuant to sections 4115.03 to	82916
4115.16 of the Revised Code.	82917

If a contractor's or subcontractor's underpayment to an	82918
employee is less than one thousand dollars, the contractor or	82919
subcontractor is not subject to any further proceedings under	82920
sections 4115.03 to 4115.16 of the Revised Code for that	82921
underpayment if the contractor or subcontractor makes full	82922
restitution to the affected employee.	82923

(D) If the director or designated representative makes a	82924
decision, based upon findings of fact, that a contractor,	82925
subcontractor, or officer of a contractor or subcontractor has	82926
intentionally violated sections 4115.03 to 4115.16 of the Revised	82927
Code, the contractor, subcontractor, or officer of a contractor or	82928
subcontractor is prohibited from contracting directly or	82929
indirectly with any public authority for the construction of a	82930
public improvement or from performing any work on the same as	82931
provided in section 4115.133 of the Revised Code. A contractor,	82932
subcontractor, or officer of a contractor or subcontractor may	82933
appeal the decision, within sixty days after the decision, to the	82934
court of common pleas of the county in which the first hearing	82935
involving the violation was heard. If the contractor,	82936
subcontractor, or officer of a contractor or subcontractor does	82937
not timely appeal the ~~recommendation~~determination of the director	82938
or designated representative under division (B) of this section,	82939
the contractor, subcontractor, or officer of a contractor or	82940
subcontractor may appeal the findings of fact, within sixty days	82941
after the ~~recommendations~~determinations are adopted as findings	82942
of fact, to the court of common pleas within the county in which	82943
the violation of sections 4115.03 to 4115.16 of the Revised Code	82944
is alleged to have been committed or in Franklin county, whichever	82945
county the person alleged to have committed the violation chooses.	82946

(E) No appeal to the court from the decision of the director	82947
may be had by the contractor or subcontractor unless the	82948
contractor or subcontractor files a bond with the court in the	82949
amount of the restitution, conditioned upon payment should the	82950
decision of the director be upheld.	82951

(F) No statement of a contractor, subcontractor, or officer	82952
of a contractor or subcontractor and no determination,	82953
recommendation, or finding of fact issued under this section is	82954
admissible as evidence in a criminal action brought under this	82955
chapter against the contractor, subcontractor, or officer of a	82956
contractor or subcontractor.	82957

(G) In determining whether a contractor, subcontractor, or	82958
officer of a contractor or subcontractor intentionally violated	82959
sections 4115.03 to 4115.16 of the Revised Code, the director may	82960
consider as evidence either of the following:	82961

(1) The fact that the director, prior to the commission of	82962
the violation under consideration, issued notification to the	82963
contractor, subcontractor, or officer of a contractor or	82964
subcontractor of the same or a similar violation, provided that	82965
the commission of the same or a similar violation of sections	82966
4115.03 to 4115.16 of the Revised Code at a subsequent time does	82967
not create a presumption that the subsequent violation was	82968
intentional;	82969

(2) The fact that, prior to the commission of the violation,	82970
the contractor, subcontractor, or officer of a contractor or	82971
subcontractor used reasonable efforts to ascertain the correct	82972
interpretation of sections 4115.03 to 4115.16 of the Revised Code	82973
from the director or 4115.04 or 4115.131 of the Revised Code,	82974
provided that a violation is presumed not to be intentional where	82975
a contractor, subcontractor, or officer of a contractor or	82976
subcontractor complies with a decision the director or designated	82977
representative issues pursuant to a request made under section	82978
4115.131 of the Revised Code.	82979

(H) As used in this section, "intentional violation" means a	82980
willful, knowing, or deliberate failure to comply with any	82981
provision of sections 4115.03 to 4115.16 of the Revised Code, and	82982
includes, but is not limited to, the following actions when	82983
conducted in the manner described in this division:	82984

(1) An intentional failure to submit reports as required	82985
under division (C) of section 4115.071 of the Revised Code or	82986
knowingly submitting false or erroneous reports;	82987

(2) An intentional misclassification of employees for the	82988
purpose of reducing wages;	82989

(3) An intentional misclassification of employees as	82990
independent contractors or as apprentices;	82991

(4) An intentional failure to pay the prevailing wage;

82992

(5) An intentional failure to comply with the allowable ratio	82993
of apprentices to skilled workers as required under section	82994
4115.05 of the Revised Code and by rules adopted by the director	82995
pursuant to section 4115.12 of the Revised Code;	82996

(6) Intentionally allowing an officer of a contractor or	82997
subcontractor who is known to be prohibited from contracting	82998
directly or indirectly with a public authority for the	82999
construction of a public improvement or from performing any work	83000
on the same pursuant to section 4115.133 of the Revised Code to	83001
perform work on a public improvement.	83002

Sec. 4115.16. (A) An interested party may file a complaint	83003
with the director of commerce alleging a specific violation of	83004
sections 4115.03 to 4115.16 of the Revised Code by a specific	83005
contractor or subcontractor. The complaint shall be in writing on	83006
a form furnished by the director and shall include sufficient	83007
evidence to justify the complaint. The director, upon receipt of a	83008
properly completed complaint, shall investigate pursuant to	83009
section 4115.13 of the Revised Code. The director shall not	83010
investigate any complaint filed under this section that fails to	83011
allege a specific violation or that lacks sufficient evidence to	83012
justify the complaint. If the director determines that no	83013
violation has occurred or that the violation was not intentional,	83014
the interested party may appeal the decision to the court of	83015
common pleas of the county where the violation is alleged to have	83016
occurred.	83017

(B) IfExcept as otherwise provided in this section, the	83018
director or the designated representative shall conclude the	83019
investigation conducted under section 4115.13 of the Revised Code	83020
and make a determination not later than one hundred twenty days	83021
after the complaint is filed. The director or the designated	83022
representative may take additional time, of up to ninety days, to	83023
conclude the investigation and make a determination if the parties	83024
to the complaint are given notice of the extension before the	83025
initial one-hundred-twenty-day period expires. The director or the	83026
designated representative may take more time than that which is	83027
provided in this section to conclude the investigation and make a	83028
determination if the director, or the designated representative,	83029
and all parties to the complaint agree to a different time frame.	83030

If the director has not ruled on the merits of the complaint	83031
within ~~sixty days after its filing,~~the time provided under this	83032
section the interested party may file a complaint in the court of	83033
common pleas of the county in which the violation is alleged to	83034
have occurred. The complaint may make the contracting public	83035
authority a party to the action, but not the director.	83036
Contemporaneous with service of the complaint, the interested	83037
party shall deliver a copy of the complaint to the director. Upon	83038
receipt thereof, the director shall cease investigating or	83039
otherwise acting upon the complaint filed pursuant to division (A)	83040
of this section. The court in which the complaint is filed	83041
pursuant to this division shall hear and decide the case, and upon	83042
finding that a violation has occurred, shall make such orders as	83043
will prevent further violation and afford to injured persons the	83044
relief specified under sections 4115.03 to 4115.16 of the Revised	83045
Code. The court's finding that a violation has occurred shall have	83046
the same consequences as a like determination by the director. The	83047
court may order the director to take such action as will prevent	83048
further violation and afford to injured persons the remedies	83049
specified under sections 4115.03 to 4115.16 of the Revised Code.	83050
Upon receipt of any order of the court pursuant to this section,	83051
the director shall undertake enforcement action without further	83052
investigation or hearings.	83053

(C) The director shall make available to the parties to any	83054
appeal or action pursuant to this section all files, documents,	83055
affidavits, or other information in the director's possession that	83056
pertain to the matter. The rules generally applicable to civil	83057
actions in the courts of this state shall govern all appeals or	83058
actions under this section. Any determination of a court under	83059
this section is subject to appellate review.	83060

(D) Where, pursuant to this section, a court finds a	83061
violation of sections 4115.03 to 4115.16 of the Revised Code, the	83062
court shall award attorney fees and court costs to the prevailing	83063
party. In the event the court finds that no violation has	83064
occurred, the court may award court costs and ~~attorney~~ fees to the	83065
prevailing party, other than to the director or the public	83066
authority, where the court finds the action brought was	83067
unreasonable or without foundation, even though not brought in	83068
subjective bad faith.	83069

Sec. 4116.01. As used in sections 4116.01 to 4116.04 of the	83070
Revised Code:	83071

(A) "Public authority" means any officer, board, or	83072
commission of the state, or any political subdivision of the	83073
state, or any institution supported in whole or in part by public	83074
funds, authorized to enter into a contract for the construction of	83075
a public improvement or to construct a public improvement by the	83076
direct employment of labor. "Public authority" shall not mean any	83077
municipal corporation that has adopted a charter under sections	83078
three and seven of article XVIII of the Ohio ~~constitution~~	83079
Constitution, unless the specific contract for a public	83080
improvement includes state funds appropriated for the purposes of	83081
that public improvement.	83082

(B) "Construction" means all of the following:

83083

(1) Any new construction of any public improvement performed	83084
by other than full-time employees who have completed their	83085
probationary periods in the classified service of a public	83086
authority;	83087

(2) Any reconstruction, enlargement, alteration, repair,	83088
remodeling, renovation, or painting of any public improvement	83089
performed by other than full-time employees who have completed	83090
their probationary period in the classified civil service of a	83091
public authority;	83092

(3) Construction on any project, facility, or project	83093
facility to which section ~~122.452,~~ 122.80, ~~165.031,~~ 166.02,	83094
~~1551.13,~~or 1728.07~~, or 3706.042~~ of the Revised Code applies;	83095

(4) Construction on any project as defined in section 122.39	83096
of the Revised Code, any project as defined in section 165.01 of	83097
the Revised Code, any energy resource development facility as	83098
defined in section 1551.01 of the Revised Code, or any project as	83099
defined in section 3706.01 of the Revised Code.	83100

(C) "Public improvement" means all buildings, roads, streets,	83101
alleys, sewers, ditches, sewage disposal plants, water works, and	83102
other structures or works constructed by a public authority or by	83103
any person who, pursuant to a contract with a public authority,	83104
constructs any structure or work for a public authority. When a	83105
public authority rents or leases a newly constructed structure	83106
within six months after completion of its construction, all work	83107
performed on that structure to suit it for occupancy by a public	83108
authority is a "public improvement."	83109

(D) "Interested party," with respect to a particular public	83110
improvement, means all of the following:	83111

(1) Any person who submits a bid for the purpose of securing	83112
the award of a contract for the public improvement;	83113

(2) Any person acting as a subcontractor of a person	83114
mentioned in division (D)(1) of this section;	83115

(3) Any association having as members any of the persons	83116
mentioned in division (D)(1) or (2) of this section;	83117

(4) Any employee of a person mentioned in division (D)(1),	83118
(2), or (3) of this section;	83119

(5) Any individual who is a resident of the jurisdiction of	83120
the public authority for whom products or services for a public	83121
improvement are being procured or for whom work on a public	83122
improvement is being performed.	83123

Sec. 4117.01. As used in this chapter:

83124

(A) "Person," in addition to those included in division (C)	83125
of section 1.59 of the Revised Code, includes employee	83126
organizations, public employees, and public employers.	83127

(B) "Public employer" means the state or any political	83128
subdivision of the state located entirely within the state,	83129
including, without limitation, any municipal corporation with a	83130
population of at least five thousand according to the most recent	83131
federal decennial census; county; township with a population of at	83132
least five thousand in the unincorporated area of the township	83133
according to the most recent federal decennial census; school	83134
district; governing authority of a community school established	83135
under Chapter 3314. of the Revised Code; college preparatory	83136
boarding school established under Chapter 3328. of the Revised	83137
Code or its operator; state institution of higher learning; public	83138
or special district; state agency, authority, commission, or	83139
board; or other branch of public employment. "Public employer"	83140
does not include the nonprofit corporation formed under section	83141
187.01 of the Revised Code.	83142

(C) "Public employee" means any person holding a position by	83143
appointment or employment in the service of a public employer,	83144
including any person working pursuant to a contract between a	83145
public employer and a private employer and over whom the national	83146
labor relations board has declined jurisdiction on the basis that	83147
the involved employees are employees of a public employer, except:	83148

(1) Persons holding elective office;

83149

(2) Employees of the general assembly and employees of any	83150
other legislative body of the public employer whose principal	83151
duties are directly related to the legislative functions of the	83152
body;	83153

(3) Employees on the staff of the governor or the chief	83154
executive of the public employer whose principal duties are	83155
directly related to the performance of the executive functions of	83156
the governor or the chief executive;	83157

(4) Persons who are members of the Ohio organized militia,	83158
while training or performing duty under section 5919.29 or 5923.12	83159
of the Revised Code;	83160

(5) Employees of the state employment relations board,	83161
including those employees of the state employment relations board	83162
utilized by the state personnel board of review in the exercise of	83163
the powers and the performance of the duties and functions of the	83164
state personnel board of review;	83165

(6) Confidential employees;

83166

(7) Management level employees;

83167

(8) Employees and officers of the courts, assistants to the	83168
attorney general, assistant prosecuting attorneys, and employees	83169
of the clerks of courts who perform a judicial function;	83170

(9) Employees of a public official who act in a fiduciary	83171
capacity, appointed pursuant to section 124.11 of the Revised	83172
Code;	83173

(10) Supervisors;

83174

(11) Students whose primary purpose is educational training,	83175
including graduate assistants or associates, residents, interns,	83176
or other students working as part-time public employees less than	83177
fifty per cent of the normal year in the employee's bargaining	83178
unit;	83179

(12) Employees of county boards of election;

83180

(13) Seasonal and casual employees as determined by the state	83181
employment relations board;	83182

(14) Part-time faculty members of an institution of higher	83183
education;	83184

(15) Participants in a work activity, developmental activity,	83185
or alternative work activity under sections 5107.40 to 5107.69 of	83186
the Revised Code who perform a service for a public employer that	83187
the public employer needs but is not performed by an employee of	83188
the public employer if the participant is not engaged in paid	83189
employment or subsidized employment pursuant to the activity;	83190

(16) Employees included in the career professional service of	83191
the department of transportation under section 5501.20 of the	83192
Revised Code;	83193

(17) Employees of community-based correctional facilities and	83194
district community-based correctional facilities created under	83195
sections 2301.51 to 2301.58 of the Revised Code who are not	83196
subject to a collective bargaining agreement on June 1, 2005.	83197

(D) "Employee organization" means any labor or bona fide	83198
organization in which public employees participate and that exists	83199
for the purpose, in whole or in part, of dealing with public	83200
employers concerning grievances, labor disputes, wages, hours,	83201
terms, and other conditions of employment.	83202

(E) "Exclusive representative" means the employee	83203
organization certified or recognized as an exclusive	83204
representative under section 4117.05 of the Revised Code.	83205

(F) "Supervisor" means any individual who has authority, in	83206
the interest of the public employer, to hire, transfer, suspend,	83207
lay off, recall, promote, discharge, assign, reward, or discipline	83208
other public employees; to responsibly direct them; to adjust	83209
their grievances; or to effectively recommend such action, if the	83210
exercise of that authority is not of a merely routine or clerical	83211
nature, but requires the use of independent judgment, provided	83212
that:	83213

(1) Employees of school districts who are department	83214
chairpersons or consulting teachers shall not be deemed	83215
supervisors;	83216

(2) With respect to members of a police or fire department,	83217
no person shall be deemed a supervisor except the chief of the	83218
department or those individuals who, in the absence of the chief,	83219
are authorized to exercise the authority and perform the duties of	83220
the chief of the department. Where prior to June 1, 1982, a public	83221
employer pursuant to a judicial decision, rendered in litigation	83222
to which the public employer was a party, has declined to engage	83223
in collective bargaining with members of a police or fire	83224
department on the basis that those members are supervisors, those	83225
members of a police or fire department do not have the rights	83226
specified in this chapter for the purposes of future collective	83227
bargaining. The state employment relations board shall decide all	83228
disputes concerning the application of division (F)(2) of this	83229
section.	83230

(3) With respect to faculty members of a state institution of	83231
higher education, heads of departments or divisions are	83232
supervisors; however, no other faculty member or group of faculty	83233
members is a supervisor solely because the faculty member or group	83234
of faculty members participate in decisions with respect to	83235
courses, curriculum, personnel, or other matters of academic	83236
policy;	83237

(4) No teacher as defined in section 3319.09 of the Revised	83238
Code shall be designated as a supervisor or a management level	83239
employee unless the teacher is employed under a contract governed	83240
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and	83241
is assigned to a position for which a license deemed to be for	83242
administrators under state board rules is required pursuant to	83243
section 3319.22 of the Revised Code.	83244

(G) "To bargain collectively" means to perform the mutual	83245
obligation of the public employer, by its representatives, and the	83246
representatives of its employees to negotiate in good faith at	83247
reasonable times and places with respect to wages, hours, terms,	83248
and other conditions of employment and the continuation,	83249
modification, or deletion of an existing provision of a collective	83250
bargaining agreement, with the intention of reaching an agreement,	83251
or to resolve questions arising under the agreement. "To bargain	83252
collectively" includes executing a written contract incorporating	83253
the terms of any agreement reached. The obligation to bargain	83254
collectively does not mean that either party is compelled to agree	83255
to a proposal nor does it require the making of a concession.	83256

(H) "Strike" means continuous concerted action in failing to	83257
report to duty; willful absence from one's position; or stoppage	83258
of work in whole from the full, faithful, and proper performance	83259
of the duties of employment, for the purpose of inducing,	83260
influencing, or coercing a change in wages, hours, terms, and	83261
other conditions of employment. "Strike" does not include a	83262
stoppage of work by employees in good faith because of dangerous	83263
or unhealthful working conditions at the place of employment that	83264
are abnormal to the place of employment.	83265

(I) "Unauthorized strike" includes, but is not limited to,	83266
concerted action during the term or extended term of a collective	83267
bargaining agreement or during the pendency of the settlement	83268
procedures set forth in section 4117.14 of the Revised Code in	83269
failing to report to duty; willful absence from one's position;	83270
stoppage of work; slowdown, or abstinence in whole or in part from	83271
the full, faithful, and proper performance of the duties of	83272
employment for the purpose of inducing, influencing, or coercing a	83273
change in wages, hours, terms, and other conditions of employment.	83274
"Unauthorized strike" includes any such action, absence, stoppage,	83275
slowdown, or abstinence when done partially or intermittently,	83276
whether during or after the expiration of the term or extended	83277
term of a collective bargaining agreement or during or after the	83278
pendency of the settlement procedures set forth in section 4117.14	83279
of the Revised Code.	83280

(J) "Professional employee" means any employee engaged in	83281
work that is predominantly intellectual, involving the consistent	83282
exercise of discretion and judgment in its performance and	83283
requiring knowledge of an advanced type in a field of science or	83284
learning customarily acquired by a prolonged course in an	83285
institution of higher learning or a hospital, as distinguished	83286
from a general academic education or from an apprenticeship; or an	83287
employee who has completed the courses of specialized intellectual	83288
instruction and is performing related work under the supervision	83289
of a professional person to become qualified as a professional	83290
employee.	83291

(K) "Confidential employee" means any employee who works in	83292
the personnel offices of a public employer and deals with	83293
information to be used by the public employer in collective	83294
bargaining; or any employee who works in a close continuing	83295
relationship with public officers or representatives directly	83296
participating in collective bargaining on behalf of the employer.	83297

(L) "Management level employee" means an individual who	83298
formulates policy on behalf of the public employer, who	83299
responsibly directs the implementation of policy, or who may	83300
reasonably be required on behalf of the public employer to assist	83301
in the preparation for the conduct of collective negotiations,	83302
administer collectively negotiated agreements, or have a major	83303
role in personnel administration. Assistant superintendents,	83304
principals, and assistant principals whose employment is governed	83305
by section 3319.02 of the Revised Code are management level	83306
employees. With respect to members of a faculty of a state	83307
institution of higher education, no person is a management level	83308
employee because of the person's involvement in the formulation or	83309
implementation of academic or institution policy.	83310

(M) "Wages" means hourly rates of pay, salaries, or other	83311
forms of compensation for services rendered.	83312

(N) "Member of a police department" means a person who is in	83313
the employ of a police department of a municipal corporation as a	83314
full-time regular police officer as the result of an appointment	83315
from a duly established civil service eligibility list or under	83316
section 737.15 or 737.16 of the Revised Code, a full-time deputy	83317
sheriff appointed under section 311.04 of the Revised Code, a	83318
township constable appointed under section 509.01 of the Revised	83319
Code, or a member of a township or joint police district police	83320
department appointed under section 505.49 of the Revised Code.	83321

(O) "Members of the state highway patrol" means highway	83322
patrol troopers and radio operators appointed under section	83323
5503.01 of the Revised Code.	83324

(P) "Member of a fire department" means a person who is in	83325
the employ of a fire department of a municipal corporation or a	83326
township as a fire cadet, full-time regular firefighter, or	83327
promoted rank as the result of an appointment from a duly	83328
established civil service eligibility list or under section	83329
505.38, 709.012, or 737.22 of the Revised Code.	83330

(Q) "Day" means calendar day.

83331

Sec. 4117.03. (A) Public employees have the right to:

83332

(1) Form, join, assist, or participate in, or refrain from	83333
forming, joining, assisting, or participating in, except as	83334
otherwise provided in Chapter 4117. of the Revised Code, any	83335
employee organization of their own choosing;	83336

(2) Engage in other concerted activities for the purpose of	83337
collective bargaining or other mutual aid and protection;	83338

(3) Representation by an employee organization;

83339

(4) Bargain collectively with their public employers to	83340
determine wages, hours, terms and other conditions of employment	83341
and the continuation, modification, or deletion of an existing	83342
provision of a collective bargaining agreement, and enter into	83343
collective bargaining agreements;	83344

(5) Present grievances and have them adjusted, without the	83345
intervention of the bargaining representative, as long as the	83346
adjustment is not inconsistent with the terms of the collective	83347
bargaining agreement then in effect and as long as the bargaining	83348
representatives have the opportunity to be present at the	83349
adjustment.	83350

(B) Persons on active duty or acting in any capacity as	83351
members of the organized militia do not have collective bargaining	83352
rights.	83353

(C) Except as provided in division (D) of this section,	83354
nothing in Chapter 4117. of the Revised Code prohibits public	83355
employers from electing to engage in collective bargaining, to	83356
meet and confer, to hold discussions, or to engage in any other	83357
form of collective negotiations with public employees who are not	83358
subject to Chapter 4117. of the Revised Code pursuant to division	83359
(C) of section 4117.01 of the Revised Code.	83360

(D) A public employer shall not engage in collective	83361
bargaining or other forms of collective negotiations with the	83362
employees of county boards of elections referred to in division	83363
(C)(12) of section 4117.01 of the Revised Code.	83364

(E) Employees of public schools may bargain collectively for	83365
health care benefits~~; however, all health care benefits shall~~	83366
~~include best practices prescribed by the school employees health~~	83367
~~care board, in accordance with section 9.901 of the Revised Code~~.	83368

Sec. 4121.03. (A) The governor shall appoint from among the	83369
members of the industrial commission the chairperson of the	83370
industrial commission. The chairperson shall serve as chairperson	83371
at the pleasure of the governor. The chairperson is the head of	83372
the commission and its chief executive officer.	83373

(B) The chairperson shall appoint, after consultation with	83374
other commission members and obtaining the approval of at least	83375
one other commission member, an executive director of the	83376
commission. The executive director shall serve at the pleasure of	83377
the chairperson. The executive director, under the direction of	83378
the chairperson, shall perform all of the following duties:	83379

(1) Act as chief administrative officer for the commission;

83380

(2) Ensure that all commission personnel follow the rules of	83381
the commission;	83382

(3) Ensure that all orders, awards, and determinations are	83383
properly heard and signed, prior to attesting to the documents;	83384

(4) Coordinate, to the fullest extent possible, commission	83385
activities with the bureau of workers' compensation activities;	83386

(5) Do all things necessary for the efficient and effective	83387
implementation of the duties of the commission.	83388

The responsibilities assigned to the executive director of	83389
the commission do not relieve the chairperson from final	83390
responsibility for the proper performance of the acts specified in	83391
this division.	83392

83393

(1) Except as otherwise provided in this division, employ,	83394
promote, supervise, remove, and establish the compensation of all	83395
employees as needed in connection with the performance of the	83396
commission's duties under this chapter and Chapters 4123., 4127.,	83397
and 4131. of the Revised Code and may assign to them their duties	83398
to the extent necessary to achieve the most efficient performance	83399
of its functions, and to that end may establish, change, or	83400
abolish positions, and assign and reassign duties and	83401
responsibilities of every employee of the commission. The civil	83402
service status of any person employed by the commission prior to	83403
November 3, 1989, is not affected by this section. Personnel	83404
employed by the bureau or the commission who are subject to	83405
Chapter 4117. of the Revised Code shall retain all of their rights	83406
and benefits conferred pursuant to that chapter as it presently	83407
exists or is hereafter amended and nothing in this chapter or	83408
Chapter 4123. of the Revised Code shall be construed as	83409
eliminating or interfering with Chapter 4117. of the Revised Code	83410
or the rights and benefits conferred under that chapter to public	83411
employees or to any bargaining unit.	83412

(2) Hire district and staff hearing officers after	83413
consultation with other commission members and obtaining the	83414
approval of at least one other commission member;	83415

(3) Fire staff and district hearing officers when the	83416
chairperson finds appropriate after obtaining the approval of at	83417
least one other commission member;	83418

(4) Maintain the office for the commission in Columbus;

83419

(5) To the maximum extent possible, use electronic data	83420
processing equipment for the issuance of orders immediately	83421
following a hearing, scheduling of hearings and medical	83422
examinations, tracking of claims, retrieval of information, and	83423
any other matter within the commission's jurisdiction, and shall	83424
provide and input information into the electronic data processing	83425
equipment as necessary to effect the success of the claims	83426
tracking system established pursuant to division (B)(15) of	83427
section 4121.121 of the Revised Code;	83428

(6) Exercise all administrative and nonadjudicatory powers	83429
and duties conferred upon the commission by Chapters 4121., 4123.,	83430
4127., and 4131. of the Revised Code;	83431

(7) Approve all contracts for special services.

83432

(D) The chairperson is responsible for all administrative	83433
matters and may secure for the commission facilities, equipment,	83434
and supplies necessary to house the commission, any employees, and	83435
files and records under the commission's control and to discharge	83436
any duty imposed upon the commission by law, the expense thereof	83437
to be audited and paid in the same manner as other state expenses.	83438
For that purpose, the chairperson, separately from the budget	83439
prepared by the administrator of workers' compensation ~~and the~~	83440
~~budget prepared by the director of the workers' compensation~~	83441
~~council~~, shall prepare and submit to the office of budget and	83442
management a budget for each biennium according to sections	83443
101.532 and 107.03 of the Revised Code. The budget submitted shall	83444
cover the costs of the commission and staff and district hearing	83445
officers in the discharge of any duty imposed upon the	83446
chairperson, the commission, and hearing officers by law.	83447

(E) A majority of the commission constitutes a quorum to	83448
transact business. No vacancy impairs the rights of the remaining	83449
members to exercise all of the powers of the commission, so long	83450
as a majority remains. Any investigation, inquiry, or hearing that	83451
the commission may hold or undertake may be held or undertaken by	83452
or before any one member of the commission, or before one of the	83453
deputies of the commission, except as otherwise provided in this	83454
chapter and Chapters 4123., 4127., and 4131. of the Revised Code.	83455
Every order made by a member, or by a deputy, when approved and	83456
confirmed by a majority of the members, and so shown on its record	83457
of proceedings, is the order of the commission. The commission may	83458
hold sessions at any place within the state. The commission is	83459
responsible for all of the following:	83460

(1) Establishing the overall adjudicatory policy and	83461
management of the commission under this chapter and Chapters	83462
4123., 4127., and 4131. of the Revised Code, except for those	83463
administrative matters within the jurisdiction of the chairperson,	83464
bureau of workers' compensation, and the administrator of workers'	83465
compensation under those chapters;	83466

(2) Hearing appeals and reconsiderations under this chapter	83467
and Chapters 4123., 4127., and 4131. of the Revised Code;	83468

(3) Engaging in rulemaking where required by this chapter or	83469
Chapter 4123., 4127., or 4131. of the Revised Code.	83470

Sec. 4121.12. (A) There is hereby created the bureau of	83471
workers' compensation board of directors consisting of eleven	83472
members to be appointed by the governor with the advice and	83473
consent of the senate. One member shall be an individual who, on	83474
account of the individual's previous vocation, employment, or	83475
affiliations, can be classed as a representative of employees; two	83476
members shall be individuals who, on account of their previous	83477
vocation, employment, or affiliations, can be classed as	83478
representatives of employee organizations and at least one of	83479
these two individuals shall be a member of the executive committee	83480
of the largest statewide labor federation; three members shall be	83481
individuals who, on account of their previous vocation,	83482
employment, or affiliations, can be classed as representatives of	83483
employers, one of whom represents self-insuring employers, one of	83484
whom is a state fund employer who employs one hundred or more	83485
employees, and one of whom is a state fund employer who employs	83486
less than one hundred employees; two members shall be individuals	83487
who, on account of their vocation, employment, or affiliations,	83488
can be classed as investment and securities experts who have	83489
direct experience in the management, analysis, supervision, or	83490
investment of assets and are residents of this state; one member	83491
who shall be a certified public accountant; one member who shall	83492
be an actuary who is a member in good standing with the American	83493
academy of actuaries or who is an associate or fellow with the	83494
casualty actuarial society; and one member shall represent the	83495
public and also be an individual who, on account of the	83496
individual's previous vocation, employment, or affiliations,	83497
cannot be classed as either predominantly representative of	83498
employees or of employers. The governor shall select the	83499
chairperson of the board who shall serve as chairperson at the	83500
pleasure of the governor.	83501

None of the members of the board, within one year immediately	83502
preceding the member's appointment, shall have been employed by	83503
the bureau of workers' compensation or by any person, partnership,	83504
or corporation that has provided to the bureau services of a	83505
financial or investment nature, including the management,	83506
analysis, supervision, or investment of assets.	83507

(B) Of the initial appointments made to the board, the	83508
governor shall appoint the member who represents employees, one	83509
member who represents employers, and the member who represents the	83510
public to a term ending one year after June 11, 2007; one member	83511
who represents employers, one member who represents employee	83512
organizations, one member who is an investment and securities	83513
expert, and the member who is a certified public accountant to a	83514
term ending two years after June 11, 2007; and one member who	83515
represents employers, one member who represents employee	83516
organizations, one member who is an investment and securities	83517
expert, and the member who is an actuary to a term ending three	83518
years after June 11, 2007. Thereafter, terms of office shall be	83519
for three years, with each term ending on the same day of the same	83520
month as did the term that it succeeds. Each member shall hold	83521
office from the date of the member's appointment until the end of	83522
the term for which the member was appointed.	83523

Members may be reappointed. Any member appointed to fill a	83524
vacancy occurring prior to the expiration date of the term for	83525
which the member's predecessor was appointed shall hold office as	83526
a member for the remainder of that term. A member shall continue	83527
in office subsequent to the expiration date of the member's term	83528
until a successor takes office or until a period of sixty days has	83529
elapsed, whichever occurs first.	83530

(C) In making appointments to the board, the governor shall	83531
select the members from the list of names submitted by the	83532
workers' compensation board of directors nominating committee	83533
pursuant to this division. The nominating committee shall submit	83534
to the governor a list containing four separate names for each of	83535
the members on the board. Within fourteen days after the	83536
submission of the list, the governor shall appoint individuals	83537
from the list.	83538

At least thirty days prior to a vacancy occurring as a result	83539
of the expiration of a term and within thirty days after other	83540
vacancies occurring on the board, the nominating committee shall	83541
submit an initial list containing four names for each vacancy.	83542
Within fourteen days after the submission of the initial list, the	83543
governor either shall appoint individuals from that list or	83544
request the nominating committee to submit another list of four	83545
names for each member the governor has not appointed from the	83546
initial list, which list the nominating committee shall submit to	83547
the governor within fourteen days after the governor's request.	83548
The governor then shall appoint, within seven days after the	83549
submission of the second list, one of the individuals from either	83550
list to fill the vacancy for which the governor has not made an	83551
appointment from the initial list. If the governor appoints an	83552
individual to fill a vacancy occurring as a result of the	83553
expiration of a term, the individual appointed shall begin serving	83554
as a member of the board when the term for which the individual's	83555
predecessor was appointed expires or immediately upon appointment	83556
by the governor, whichever occurs later. With respect to the	83557
filling of vacancies, the nominating committee shall provide the	83558
governor with a list of four individuals who are, in the judgment	83559
of the nominating committee, the most fully qualified to accede to	83560
membership on the board.	83561

In order for the name of an individual to be submitted to the	83562
governor under this division, the nominating committee shall	83563
approve the individual by an affirmative vote of a majority of its	83564
members.	83565

(D) All members of the board shall receive their reasonable	83566
and necessary expenses pursuant to section 126.31 of the Revised	83567
Code while engaged in the performance of their duties as members	83568
and also shall receive an annual salary not to exceed sixty	83569
thousand dollars in total, payable on the following basis:	83570

(1) Except as provided in division (D)(2) of this section, a	83571
member shall receive two thousand five hundred dollars during a	83572
month in which the member attends one or more meetings of the	83573
board and shall receive no payment during a month in which the	83574
member attends no meeting of the board.	83575

(2) A member may receive no more than thirty thousand dollars	83576
per year to compensate the member for attending meetings of the	83577
board, regardless of the number of meetings held by the board	83578
during a year or the number of meetings in excess of twelve within	83579
a year that the member attends.	83580

(3) Except as provided in division (D)(4) of this section, if	83581
a member serves on the workers' compensation audit committee,	83582
workers' compensation actuarial committee, or the workers'	83583
compensation investment committee, the member shall receive two	83584
thousand five hundred dollars during a month in which the member	83585
attends one or more meetings of the committee on which the member	83586
serves and shall receive no payment during any month in which the	83587
member attends no meeting of that committee.	83588

(4) A member may receive no more than thirty thousand dollars	83589
per year to compensate the member for attending meetings of any of	83590
the committees specified in division (D)(3) of this section,	83591
regardless of the number of meetings held by a committee during a	83592
year or the number of committees on which a member serves.	83593

The chairperson of the board shall set the meeting dates of	83594
the board as necessary to perform the duties of the board under	83595
this chapter and Chapters 4123., 4125., 4127., 4131., and 4167. of	83596
the Revised Code. The board shall meet at least twelve times a	83597
year. The administrator of workers' compensation shall provide	83598
professional and clerical assistance to the board, as the board	83599
considers appropriate.	83600

(E) Before entering upon the duties of office, each appointed	83601
member of the board shall take an oath of office as required by	83602
sections 3.22 and 3.23 of the Revised Code and file in the office	83603
of the secretary of state the bond required under section 4121.127	83604
of the Revised Code.	83605

(F) The board shall:

83606

(1) Establish the overall administrative policy for the	83607
bureau for the purposes of this chapter and Chapters 4123., 4125.,	83608
4127., 4131., and 4167. of the Revised Code;	83609

(2) Review progress of the bureau in meeting its cost and	83610
quality objectives and in complying with this chapter and Chapters	83611
4123., 4125., 4127., 4131., and 4167. of the Revised Code;	83612

(3) Submit an annual report to the president of the senate,	83613
the speaker of the house of representatives, and the governor~~, and~~	83614
~~the workers' compensation council~~ and include all of the following	83615
in that report:	83616

(a) An evaluation of the cost and quality objectives of the	83617
bureau;	83618

(b) A statement of the net assets available for the provision	83619
of compensation and benefits under this chapter and Chapters	83620
4123., 4127., and 4131. of the Revised Code as of the last day of	83621
the fiscal year;	83622

(c) A statement of any changes that occurred in the net	83623
assets available, including employer premiums and net investment	83624
income, for the provision of compensation and benefits and payment	83625
of administrative expenses, between the first and last day of the	83626
fiscal year immediately preceding the date of the report;	83627

(d) The following information for each of the six consecutive	83628
fiscal years occurring previous to the report:	83629

(i) A schedule of the net assets available for compensation	83630
and benefits;	83631

(ii) The annual cost of the payment of compensation and	83632
benefits;	83633

(iii) Annual administrative expenses incurred;

83634

(iv) Annual employer premiums allocated for the provision of	83635
compensation and benefits.	83636

(e) A description of any significant changes that occurred	83637
during the six years for which the board provided the information	83638
required under division (F)(3)(d) of this section that affect the	83639
ability of the board to compare that information from year to	83640
year.	83641

(4) Review all independent financial audits of the bureau.	83642
The administrator shall provide access to records of the bureau to	83643
facilitate the review required under this division.	83644

(5) Study issues as requested by the administrator or the	83645
governor;	83646

(6) Contract with all of the following:

83647

(a) An independent actuarial firm to assist the board in	83648
making recommendations to the administrator regarding premium	83649
rates;	83650

(b) An outside investment counsel to assist the workers'	83651
compensation investment committee in fulfilling its duties;	83652

(c) An independent fiduciary counsel to assist the board in	83653
the performance of its duties.	83654

(7) Approve the investment policy developed by the workers'	83655
compensation investment committee pursuant to section 4121.129 of	83656
the Revised Code if the policy satisfies the requirements	83657
specified in section 4123.442 of the Revised Code.	83658

(8) Review and publish the investment policy no less than	83659
annually and make copies available to interested parties.	83660

(9) Prohibit, on a prospective basis, any specific investment	83661
it finds to be contrary to the investment policy approved by the	83662
board.	83663

(10) Vote to open each investment class and allow the	83664
administrator to invest in an investment class only if the board,	83665
by a majority vote, opens that class;	83666

(11) After opening a class but prior to the administrator	83667
investing in that class, adopt rules establishing due diligence	83668
standards for employees of the bureau to follow when investing in	83669
that class and establish policies and procedures to review and	83670
monitor the performance and value of each investment class;	83671

(12) Submit a report annually on the performance and value of	83672
each investment class to the governor, the president and minority	83673
leader of the senate, and the speaker and minority leader of the	83674
house of representatives~~, and the workers' compensation council~~.	83675

(13) Advise and consent on all of the following:

83676

(a) Administrative rules the administrator submits to it	83677
pursuant to division (B)(5) of section 4121.121 of the Revised	83678
Code for the classification of occupations or industries, for	83679
premium rates and contributions, for the amount to be credited to	83680
the surplus fund, for rules and systems of rating, rate revisions,	83681
and merit rating;	83682

(b) The duties and authority conferred upon the administrator	83683
pursuant to section 4121.37 of the Revised Code;	83684

(c) Rules the administrator adopts for the health partnership	83685
program and the qualified health plan system, as provided in	83686
sections 4121.44, 4121.441, and 4121.442 of the Revised Code;	83687

(d) Rules the administrator submits to it pursuant to Chapter	83688
4167. of the Revised Code regarding the public employment risk	83689
reduction program and the protection of public health care workers	83690
from exposure incidents.	83691

As used in this division, "public health care worker" and	83692
"exposure incident" have the same meanings as in section 4167.25	83693
of the Revised Code.	83694

(14) Perform all duties required under this chapter and	83695
Chapters 4123., 4125., 4127., 4131., and 4167. of the Revised	83696
Code;	83697

(15) Meet with the governor on an annual basis to discuss the	83698
administrator's performance of the duties specified in this	83699
chapter and Chapters 4123., 4125., 4127., 4131., and 4167. of the	83700
Revised Code;	83701

(16) Develop and participate in a bureau of workers'	83702
compensation board of directors education program that consists of	83703
all of the following:	83704

(a) An orientation component for newly appointed members;

83705

(b) A continuing education component for board members who	83706
have served for at least one year;	83707

(c) A curriculum that includes education about each of the	83708
following topics:	83709

(i) Board member duties and responsibilities;

83710

(ii) Compensation and benefits paid pursuant to this chapter	83711
and Chapters 4123., 4127., and 4131. of the Revised Code;	83712

(iii) Ethics;

83713

(iv) Governance processes and procedures;

83714

(v) Actuarial soundness;

83715

(vi) Investments;

83716

(vii) Any other subject matter the board believes is	83717
reasonably related to the duties of a board member.	83718

(17) ~~Submit the program developed pursuant to division~~	83719
~~(F)(16) of this section to the workers' compensation council for~~	83720
~~approval;~~	83721

~~(18)~~ Hold all sessions, classes, and other events for the	83722
program developed pursuant to division (F)(16) of this section in	83723
this state.	83724

(G) The board may do both of the following:

83725

(1) Vote to close any investment class;

83726

(2) Create any committees in addition to the workers'	83727
compensation audit committee, the workers' compensation actuarial	83728
committee, and the workers' compensation investment committee that	83729
the board determines are necessary to assist the board in	83730
performing its duties.	83731

(H) The office of a member of the board who is convicted of	83732
or pleads guilty to a felony, a theft offense as defined in	83733
section 2913.01 of the Revised Code, or a violation of section	83734
102.02, 102.03, 102.04, 2921.02, 2921.11, 2921.13, 2921.31,	83735
2921.41, 2921.42, 2921.43, or 2921.44 of the Revised Code shall be	83736
deemed vacant. The vacancy shall be filled in the same manner as	83737
the original appointment. A person who has pleaded guilty to or	83738
been convicted of an offense of that nature is ineligible to be a	83739
member of the board. A member who receives a bill of indictment	83740
for any of the offenses specified in this section shall be	83741
automatically suspended from the board pending resolution of the	83742
criminal matter.	83743

(I) For the purposes of division (G)(1) of section 121.22 of	83744
the Revised Code, the meeting between the governor and the board	83745
to review the administrator's performance as required under	83746
division (F)(15) of this section shall be considered a meeting	83747
regarding the employment of the administrator.	83748

Sec. 4121.121. (A) There is hereby created the bureau of	83749
workers' compensation, which shall be administered by the	83750
administrator of workers' compensation. A person appointed to the	83751
position of administrator shall possess significant management	83752
experience in effectively managing an organization or	83753
organizations of substantial size and complexity. A person	83754
appointed to the position of administrator also shall possess a	83755
minimum of five years of experience in the field of workers'	83756
compensation insurance or in another insurance industry, except as	83757
otherwise provided when the conditions specified in division (C)	83758
of this section are satisfied. The governor shall appoint the	83759
administrator as provided in section 121.03 of the Revised Code,	83760
and the administrator shall serve at the pleasure of the governor.	83761
The governor shall fix the administrator's salary on the basis of	83762
the administrator's experience and the administrator's	83763
responsibilities and duties under this chapter and Chapters 4123.,	83764
4125., 4127., 4131., and 4167. of the Revised Code. The governor	83765
shall not appoint to the position of administrator any person who	83766
has, or whose spouse has, given a contribution to the campaign	83767
committee of the governor in an amount greater than one thousand	83768
dollars during the two-year period immediately preceding the date	83769
of the appointment of the administrator.	83770

The administrator shall hold no other public office and shall	83771
devote full time to the duties of administrator. Before entering	83772
upon the duties of the office, the administrator shall take an	83773
oath of office as required by sections 3.22 and 3.23 of the	83774
Revised Code, and shall file in the office of the secretary of	83775
state, a bond signed by the administrator and by surety approved	83776
by the governor, for the sum of fifty thousand dollars payable to	83777
the state, conditioned upon the faithful performance of the	83778
administrator's duties.	83779

(B) The administrator is responsible for the management of	83780
the bureau and for the discharge of all administrative duties	83781
imposed upon the administrator in this chapter and Chapters 4123.,	83782
4125., 4127., 4131., and 4167. of the Revised Code, and in the	83783
discharge thereof shall do all of the following:	83784

(1) Perform all acts and exercise all authorities and powers,	83785
discretionary and otherwise that are required of or vested in the	83786
bureau or any of its employees in this chapter and Chapters 4123.,	83787
4125., 4127., 4131., and 4167. of the Revised Code, except the	83788
acts and the exercise of authority and power that is required of	83789
and vested in the bureau of workers' compensation board of	83790
directors or the industrial commission pursuant to those chapters.	83791
The treasurer of state shall honor all warrants signed by the	83792
administrator, or by one or more of the administrator's employees,	83793
authorized by the administrator in writing, or bearing the	83794
facsimile signature of the administrator or such employee under	83795
sections 4123.42 and 4123.44 of the Revised Code.	83796

(2) Employ, direct, and supervise all employees required in	83797
connection with the performance of the duties assigned to the	83798
bureau by this chapter and Chapters 4123., 4125., 4127., 4131.,	83799
and 4167. of the Revised Code, including an actuary, and may	83800
establish job classification plans and compensation for all	83801
employees of the bureau provided that this grant of authority	83802
shall not be construed as affecting any employee for whom the	83803
state employment relations board has established an appropriate	83804
bargaining unit under section 4117.06 of the Revised Code. All	83805
positions of employment in the bureau are in the classified civil	83806
service except those employees the administrator may appoint to	83807
serve at the administrator's pleasure in the unclassified civil	83808
service pursuant to section 124.11 of the Revised Code. The	83809
administrator shall fix the salaries of employees the	83810
administrator appoints to serve at the administrator's pleasure,	83811
including the chief operating officer, staff physicians, and other	83812
senior management personnel of the bureau and shall establish the	83813
compensation of staff attorneys of the bureau's legal section and	83814
their immediate supervisors, and take whatever steps are necessary	83815
to provide adequate compensation for other staff attorneys.	83816

The administrator may appoint a person who holds a certified	83817
position in the classified service within the bureau to a position	83818
in the unclassified service within the bureau. A person appointed	83819
pursuant to this division to a position in the unclassified	83820
service shall retain the right to resume the position and status	83821
held by the person in the classified service immediately prior to	83822
the person's appointment in the unclassified service, regardless	83823
of the number of positions the person held in the unclassified	83824
service. An employee's right to resume a position in the	83825
classified service may only be exercised when the administrator	83826
demotes the employee to a pay range lower than the employee's	83827
current pay range or revokes the employee's appointment to the	83828
unclassified service. An employee forfeits the right to resume a	83829
position in the classified service when the employee is removed	83830
from the position in the unclassified service due to incompetence,	83831
inefficiency, dishonesty, drunkenness, immoral conduct,	83832
insubordination, discourteous treatment of the public, neglect of	83833
duty, violation of this chapter or Chapter 124., 4123., 4125.,	83834
4127., 4131., or 4167. of the Revised Code, violation of the rules	83835
of the director of administrative services or the administrator,	83836
any other failure of good behavior, any other acts of misfeasance,	83837
malfeasance, or nonfeasance in office, or conviction of a felony.	83838
An employee also forfeits the right to resume a position in the	83839
classified service upon transfer to a different agency.	83840

Reinstatement to a position in the classified service shall	83841
be to a position substantially equal to that position in the	83842
classified service held previously, as certified by the department	83843
of administrative services. If the position the person previously	83844
held in the classified service has been placed in the unclassified	83845
service or is otherwise unavailable, the person shall be appointed	83846
to a position in the classified service within the bureau that the	83847
director of administrative services certifies is comparable in	83848
compensation to the position the person previously held in the	83849
classified service. Service in the position in the unclassified	83850
service shall be counted as service in the position in the	83851
classified service held by the person immediately prior to the	83852
person's appointment in the unclassified service. When a person is	83853
reinstated to a position in the classified service as provided in	83854
this division, the person is entitled to all rights, status, and	83855
benefits accruing to the position during the person's time of	83856
service in the position in the unclassified service.	83857

(3) Reorganize the work of the bureau, its sections,	83858
departments, and offices to the extent necessary to achieve the	83859
most efficient performance of its functions and to that end may	83860
establish, change, or abolish positions and assign and reassign	83861
duties and responsibilities of every employee of the bureau. All	83862
persons employed by the commission in positions that, after	83863
November 3, 1989, are supervised and directed by the administrator	83864
under this section are transferred to the bureau in their	83865
respective classifications but subject to reassignment and	83866
reclassification of position and compensation as the administrator	83867
determines to be in the interest of efficient administration. The	83868
civil service status of any person employed by the commission is	83869
not affected by this section. Personnel employed by the bureau or	83870
the commission who are subject to Chapter 4117. of the Revised	83871
Code shall retain all of their rights and benefits conferred	83872
pursuant to that chapter as it presently exists or is hereafter	83873
amended and nothing in this chapter or Chapter 4123. of the	83874
Revised Code shall be construed as eliminating or interfering with	83875
Chapter 4117. of the Revised Code or the rights and benefits	83876
conferred under that chapter to public employees or to any	83877
bargaining unit.	83878

(4) Provide offices, equipment, supplies, and other	83879
facilities for the bureau.	83880

(5) Prepare and submit to the board information the	83881
administrator considers pertinent or the board requires, together	83882
with the administrator's recommendations, in the form of	83883
administrative rules, for the advice and consent of the board, for	83884
classifications of occupations or industries, for premium rates	83885
and contributions, for the amount to be credited to the surplus	83886
fund, for rules and systems of rating, rate revisions, and merit	83887
rating. The administrator shall obtain, prepare, and submit any	83888
other information the board requires for the prompt and efficient	83889
discharge of its duties.	83890

(6) Keep the accounts required by division (A) of section	83891
4123.34 of the Revised Code and all other accounts and records	83892
necessary to the collection, administration, and distribution of	83893
the workers' compensation funds and shall obtain the statistical	83894
and other information required by section 4123.19 of the Revised	83895
Code.	83896

(7) Exercise the investment powers vested in the	83897
administrator by section 4123.44 of the Revised Code in accordance	83898
with the investment policy approved by the board pursuant to	83899
section 4121.12 of the Revised Code and in consultation with the	83900
chief investment officer of the bureau of workers' compensation.	83901
The administrator shall not engage in any prohibited investment	83902
activity specified by the board pursuant to division (F)(9) of	83903
section 4121.12 of the Revised Code and shall not invest in any	83904
type of investment specified in divisions (B)(1) to (10) of	83905
section 4123.442 of the Revised Code. All business shall be	83906
transacted, all funds invested, all warrants for money drawn and	83907
payments made, and all cash and securities and other property	83908
held, in the name of the bureau, or in the name of its nominee,	83909
provided that nominees are authorized by the administrator solely	83910
for the purpose of facilitating the transfer of securities, and	83911
restricted to the administrator and designated employees.	83912

(8) Make contracts for and supervise the construction of any	83913
project or improvement or the construction or repair of buildings	83914
under the control of the bureau.	83915

(9) Purchase supplies, materials, equipment, and services;	83916
make contracts for, operate, and superintend the telephone, other	83917
telecommunication, and computer services for the use of the	83918
bureau; and make contracts in connection with office reproduction,	83919
forms management, printing, and other services. Notwithstanding	83920
sections 125.12 to 125.14 of the Revised Code, the administrator	83921
may transfer surplus computers and computer equipment directly to	83922
an accredited public school within the state. The computers and	83923
computer equipment may be repaired or refurbished prior to the	83924
transfer.	83925

(10) Prepare and submit to the board an annual budget for	83926
internal operating purposes for the board's approval. The	83927
administrator also shall, separately from the budget the	83928
industrial commission submits ~~and from the budget the director of~~	83929
~~the workers' compensation council submits~~, prepare and submit to	83930
the director of budget and management a budget for each biennium.	83931
The budgets submitted to the board and the director shall include	83932
estimates of the costs and necessary expenditures of the bureau in	83933
the discharge of any duty imposed by law.	83934

(11) As promptly as possible in the course of efficient	83935
administration, decentralize and relocate such of the personnel	83936
and activities of the bureau as is appropriate to the end that the	83937
receipt, investigation, determination, and payment of claims may	83938
be undertaken at or near the place of injury or the residence of	83939
the claimant and for that purpose establish regional offices, in	83940
such places as the administrator considers proper, capable of	83941
discharging as many of the functions of the bureau as is	83942
practicable so as to promote prompt and efficient administration	83943
in the processing of claims. All active and inactive lost-time	83944
claims files shall be held at the service office responsible for	83945
the claim. A claimant, at the claimant's request, shall be	83946
provided with information by telephone as to the location of the	83947
file pertaining to the claimant's claim. The administrator shall	83948
ensure that all service office employees report directly to the	83949
director for their service office.	83950

(12) Provide a written binder on new coverage where the	83951
administrator considers it to be in the best interest of the risk.	83952
The administrator, or any other person authorized by the	83953
administrator, shall grant the binder upon submission of a request	83954
for coverage by the employer. A binder is effective for a period	83955
of thirty days from date of issuance and is nonrenewable. Payroll	83956
reports and premium charges shall coincide with the effective date	83957
of the binder.	83958

(13) Set standards for the reasonable and maximum handling	83959
time of claims payment functions, ensure, by rules, the impartial	83960
and prompt treatment of all claims and employer risk accounts, and	83961
establish a secure, accurate method of time stamping all incoming	83962
mail and documents hand delivered to bureau employees.	83963

(14) Ensure that all employees of the bureau follow the	83964
orders and rules of the commission as such orders and rules relate	83965
to the commission's overall adjudicatory policy-making and	83966
management duties under this chapter and Chapters 4123., 4127.,	83967
and 4131. of the Revised Code.	83968

(15) Manage and operate a data processing system with a	83969
common data base for the use of both the bureau and the commission	83970
and, in consultation with the commission, using electronic data	83971
processing equipment, shall develop a claims tracking system that	83972
is sufficient to monitor the status of a claim at any time and	83973
that lists appeals that have been filed and orders or	83974
determinations that have been issued pursuant to section 4123.511	83975
or 4123.512 of the Revised Code, including the dates of such	83976
filings and issuances.	83977

(16) Establish and maintain a medical section within the	83978
bureau. The medical section shall do all of the following:	83979

(a) Assist the administrator in establishing standard medical	83980
fees, approving medical procedures, and determining eligibility	83981
and reasonableness of the compensation payments for medical,	83982
hospital, and nursing services, and in establishing guidelines for	83983
payment policies which recognize usual, customary, and reasonable	83984
methods of payment for covered services;	83985

(b) Provide a resource to respond to questions from claims	83986
examiners for employees of the bureau;	83987

83988

(d) Implement a program to utilize, to the maximum extent	83989
possible, electronic data processing equipment for storage of	83990
information to facilitate authorizations of compensation payments	83991
for medical, hospital, drug, and nursing services;	83992

(e) Perform other duties assigned to it by the administrator.

83993

(17) Appoint, as the administrator determines necessary,	83994
panels to review and advise the administrator on disputes arising	83995
over a determination that a health care service or supply provided	83996
to a claimant is not covered under this chapter or Chapter 4123.,	83997
4127., or 4131. of the Revised Code or is medically unnecessary.	83998
If an individual health care provider is involved in the dispute,	83999
the panel shall consist of individuals licensed pursuant to the	84000
same section of the Revised Code as such health care provider.	84001

(18) Pursuant to section 4123.65 of the Revised Code, approve	84002
applications for the final settlement of claims for compensation	84003
or benefits under this chapter and Chapters 4123., 4127., and	84004
4131. of the Revised Code as the administrator determines	84005
appropriate, except in regard to the applications of self-insuring	84006
employers and their employees.	84007

(19) Comply with section 3517.13 of the Revised Code, and	84008
except in regard to contracts entered into pursuant to the	84009
authority contained in section 4121.44 of the Revised Code, comply	84010
with the competitive bidding procedures set forth in the Revised	84011
Code for all contracts into which the administrator enters	84012
provided that those contracts fall within the type of contracts	84013
and dollar amounts specified in the Revised Code for competitive	84014
bidding and further provided that those contracts are not	84015
otherwise specifically exempt from the competitive bidding	84016
procedures contained in the Revised Code.	84017

(20) Adopt, with the advice and consent of the board, rules	84018
for the operation of the bureau.	84019

(21) Prepare and submit to the board information the	84020
administrator considers pertinent or the board requires, together	84021
with the administrator's recommendations, in the form of	84022
administrative rules, for the advice and consent of the board, for	84023
the health partnership program and the qualified health plan	84024
system, as provided in sections 4121.44, 4121.441, and 4121.442 of	84025
the Revised Code.	84026

(C) The administrator, with the advice and consent of the	84027
senate, shall appoint a chief operating officer who has a minimum	84028
of five years of experience in the field of workers' compensation	84029
insurance or in another similar insurance industry if the	84030
administrator does not possess such experience. The chief	84031
operating officer shall not commence the chief operating officer's	84032
duties until after the senate consents to the chief operating	84033
officer's appointment. The chief operating officer shall serve in	84034
the unclassified civil service of the state.	84035

Sec. 4121.125. (A) The bureau of workers' compensation board	84036
of directors, based upon recommendations of the workers'	84037
compensation actuarial committee, may contract with one or more	84038
outside actuarial firms and other professional persons, as the	84039
board determines necessary, to assist the board in measuring the	84040
performance of Ohio's workers' compensation system and in	84041
comparing Ohio's workers' compensation system to other state and	84042
private workers' compensation systems. The board, actuarial firm	84043
or firms, and professional persons shall make such measurements	84044
and comparisons using accepted insurance industry standards,	84045
including, but not limited to, standards promulgated by the	84046
National Council on Compensation Insurance.	84047

(B) The board may contract with one or more outside firms to	84048
conduct management and financial audits of the workers'	84049
compensation system, including audits of the reserve fund	84050
belonging to the state insurance fund, and to establish objective	84051
quality management principles and methods by which to review the	84052
performance of the workers' compensation system.	84053

84054

(1) Contract to have prepared annually by or under the	84055
supervision of an actuary a report that meets the requirements	84056
specified under division (E) of this section and that consists of	84057
an actuarial valuation of the assets, liabilities, and funding	84058
requirements of the state insurance fund and all other funds	84059
specified in this chapter and Chapters 4123., 4127., and 4131. of	84060
the Revised Code;	84061

(2) Require that the actuary or person supervised by an	84062
actuary referred to in division (C)(1) of this section complete	84063
the valuation in accordance with the actuarial standards of	84064
practice promulgated by the actuarial standards board of the	84065
American academy of actuaries;	84066

(3) Submit the report referred to in division (C)(1) of this	84067
section to the ~~workers' compensation council and the~~ standing	84068
committees of the house of representatives and the senate with	84069
primary responsibility for workers' compensation legislation on or	84070
before the first day of November following the year for which the	84071
valuation was made;	84072

(4) Have an actuary or a person who provides actuarial	84073
services under the supervision of an actuary, at such time as the	84074
board determines, and at least once during the five-year period	84075
that commences on September 10, 2007, and once within each	84076
five-year period thereafter, conduct an actuarial investigation of	84077
the experience of employers, the mortality, service, and injury	84078
rate of employees, and the payment of temporary total disability,	84079
permanent partial disability, and permanent total disability under	84080
sections 4123.56 to 4123.58 of the Revised Code to update the	84081
actuarial assumptions used in the report required by division	84082
(C)(1) of this section;	84083

(5) Submit the report required under division (F) of this	84084
section to the ~~council and the~~ standing committees of the house of	84085
representatives and the senate with primary responsibility for	84086
workers' compensation legislation not later than the first day of	84087
November following the fifth year of the period that the report	84088
covers;	84089

(6) Have prepared by or under the supervision of an actuary	84090
an actuarial analysis of any introduced legislation expected to	84091
have a measurable financial impact on the workers' compensation	84092
system;	84093

(7) Submit the report required under division (G) of this	84094
section to the legislative service commission,and the standing	84095
committees of the house of representatives and the senate with	84096
primary responsibility for workers' compensation legislation~~, and~~	84097
~~the council~~ not later than sixty days after the date of	84098
introduction of the legislation.	84099

(D) The administrator of workers' compensation and the	84100
industrial commission shall compile information and provide access	84101
to records of the bureau and the industrial commission to the	84102
board to the extent necessary for fulfillment of both of the	84103
following requirements:	84104

(1) Conduct of the measurements and comparisons described in	84105
division (A) of this section;	84106

(2) Conduct of the management and financial audits and	84107
establishment of the principles and methods described in division	84108
(B) of this section.	84109

(E) The firm or person with whom the board contracts pursuant	84110
to division (C)(1) of this section shall prepare a report of the	84111
valuation and submit the report to the board. The firm or person	84112
shall include all of the following information in the report that	84113
is required under division (C)(1) of this section:	84114

(1) A summary of the compensation and benefit provisions	84115
evaluated;	84116

(2) A description of the actuarial assumptions and actuarial	84117
cost method used in the valuation;	84118

(3) A schedule showing the effect of any changes in the	84119
compensation and benefit provisions, actuarial assumptions, or	84120
cost methods since the previous annual actuarial valuation report	84121
was submitted to the board.	84122

(F) The actuary or person whom the board designates to	84123
conduct an actuarial investigation under division (C)(4) of this	84124
section shall prepare a report of the actuarial investigation and	84125
shall submit the report to the board. The actuary or person shall	84126
prepare the report and make any recommended changes in actuarial	84127
assumptions in accordance with the actuarial standards of practice	84128
promulgated by the actuarial standards board of the American	84129
academy of actuaries. The actuary or person shall include all of	84130
the following information in the report:	84131

(1) A summary of relevant decrement and economic assumption	84132
experience;	84133

(2) Recommended changes in actuarial assumptions to be used	84134
in subsequent actuarial valuations required by division (C)(1) of	84135
this section;	84136

(3) A measurement of the financial effect of the recommended	84137
changes in actuarial assumptions.	84138

(G) The actuary or person whom the board designates to	84139
conduct the actuarial analysis under division (C)(6) of this	84140
section shall prepare a report of the actuarial analysis and shall	84141
submit that report to the board. The actuary or person shall	84142
complete the analysis in accordance with the actuarial standards	84143
of practice promulgated by the actuarial standards board of the	84144
American academy of actuaries. The actuary or person shall include	84145
all of the following information in the report:	84146

(1) A summary of the statutory changes being evaluated;

84147

(2) A description of or reference to the actuarial	84148
assumptions and actuarial cost method used in the report;	84149

(3) A description of the participant group or groups included	84150
in the report;	84151

(4) A statement of the financial impact of the legislation,	84152
including the resulting increase, if any, in employer premiums, in	84153
actuarial accrued liabilities, and, if an increase in actuarial	84154
accrued liabilities is predicted, the per cent of premium increase	84155
that would be required to amortize the increase in those	84156
liabilities as a level per cent of employer premiums over a period	84157
not to exceed thirty years.	84158

(5) A statement of whether the employer premiums paid to the	84159
bureau of workers' compensation after the proposed change is	84160
enacted are expected to be sufficient to satisfy the funding	84161
objectives established by the board.	84162

(H) The board may, at any time, request an actuary to make	84163
any studies or actuarial valuations to determine the adequacy of	84164
the premium rates established by the administrator in accordance	84165
with sections 4123.29 and 4123.34 of the Revised Code, and may	84166
adjust those rates as recommended by the actuary.	84167

(I) The board shall have an independent auditor, at least	84168
once every ten years, conduct a fiduciary performance audit of the	84169
investment program of the bureau of workers' compensation. That	84170
audit shall include an audit of the investment policies approved	84171
by the board and investment procedures of the bureau. The board	84172
shall submit a copy of that audit to the auditor of state.	84173

(J) The administrator, with the advice and consent of the	84174
board, shall employ an internal auditor who shall report findings	84175
directly to the board, workers' compensation audit committee, and	84176
administrator, except that the internal auditor shall not report	84177
findings directly to the administrator when those findings involve	84178
malfeasance, misfeasance, or nonfeasance on the part of the	84179
administrator. The board and the workers' compensation audit	84180
committee may request and review internal audits conducted by the	84181
internal auditor.	84182

(K) The administrator shall pay the expenses incurred by the	84183
board to effectively fulfill its duties and exercise its powers	84184
under this section as the administrator pays other operating	84185
expenses of the bureau.	84186

Sec. 4121.128. The attorney general shall be the legal	84187
adviser of the bureau of workers' compensation board of directors	84188
~~and the workers' compensation council~~.	84189

Sec. 4121.44. (A) The administrator of workers' compensation	84190
shall oversee the implementation of the Ohio workers' compensation	84191
qualified health plan system as established under section 4121.442	84192
of the Revised Code.	84193

(B) The administrator shall direct the implementation of the	84194
health partnership program administered by the bureau as set forth	84195
in section 4121.441 of the Revised Code. To implement the health	84196
partnership program, the bureau:	84197

(1) Shall certify one or more external vendors, which shall	84198
be known as "managed care organizations," to provide medical	84199
management and cost containment services in the health partnership	84200
program for a period of two years beginning on the date of	84201
certification, consistent with the standards established under	84202
this section;	84203

(2) May recertify external vendors for additional periods of	84204
two years; and	84205

(3) May integrate the certified vendors with bureau staff and	84206
existing bureau services for purposes of operation and training to	84207
allow the bureau to assume operation of the health partnership	84208
program at the conclusion of the certification periods set forth	84209
in division (B)(1) or (2) of this section.	84210

(C) Any vendor selected shall demonstrate all of the	84211
following:	84212

(1) Arrangements and reimbursement agreements with a	84213
substantial number of the medical, professional and pharmacy	84214
providers currently being utilized by claimants.	84215

(2) Ability to accept a common format of medical bill data in	84216
an electronic fashion from any provider who wishes to submit	84217
medical bill data in that form.	84218

(3) A computer system able to handle the volume of medical	84219
bills and willingness to customize that system to the bureau's	84220
needs and to be operated by the vendor's staff, bureau staff, or	84221
some combination of both staffs.	84222

(4) A prescription drug system where pharmacies on a	84223
statewide basis have access to the eligibility and pricing, at a	84224
discounted rate, of all prescription drugs.	84225

(5) A tracking system to record all telephone calls from	84226
claimants and providers regarding the status of submitted medical	84227
bills so as to be able to track each inquiry.	84228

(6) Data processing capacity to absorb all of the bureau's	84229
medical bill processing or at least that part of the processing	84230
which the bureau arranges to delegate.	84231

(7) Capacity to store, retrieve, array, simulate, and model	84232
in a relational mode all of the detailed medical bill data so that	84233
analysis can be performed in a variety of ways and so that the	84234
bureau and its governing authority can make informed decisions.	84235

(8) Wide variety of software programs which translate medical	84236
terminology into standard codes, and which reveal if a provider is	84237
manipulating the procedures codes, commonly called "unbundling."	84238

(9) Necessary professional staff to conduct, at a minimum,	84239
authorizations for treatment, medical necessity, utilization	84240
review, concurrent review, post-utilization review, and have the	84241
attendant computer system which supports such activity and	84242
measures the outcomes and the savings.	84243

(10) Management experience and flexibility to be able to	84244
react quickly to the needs of the bureau in the case of required	84245
change in federal or state requirements.	84246

(D)(1) Information contained in a vendor's application for	84247
certification in the health partnership program, and other	84248
information furnished to the bureau by a vendor for purposes of	84249
obtaining certification or to comply with performance and	84250
financial auditing requirements established by the administrator,	84251
is for the exclusive use and information of the bureau in the	84252
discharge of its official duties, and shall not be open to the	84253
public or be used in any court in any proceeding pending therein,	84254
unless the bureau is a party to the action or proceeding, but the	84255
information may be tabulated and published by the bureau in	84256
statistical form for the use and information of other state	84257
departments and the public. No employee of the bureau, except as	84258
otherwise authorized by the administrator, shall divulge any	84259
information secured by the employee while in the employ of the	84260
bureau in respect to a vendor's application for certification or	84261
in respect to the business or other trade processes of any vendor	84262
to any person other than the administrator or to the employee's	84263
superior.	84264

(2) Notwithstanding the restrictions imposed by division	84265
(D)(1) of this section, the governor, members of select or	84266
standing committees of the senate or house of representatives, the	84267
auditor of state, the attorney general, or their designees,	84268
pursuant to the authority granted in this chapter and Chapter	84269
4123. of the Revised Code, may examine any vendor application or	84270
other information furnished to the bureau by the vendor. None of	84271
those individuals shall divulge any information secured in the	84272
exercise of that authority in respect to a vendor's application	84273
for certification or in respect to the business or other trade	84274
processes of any vendor to any person.	84275

(E) On and after January 1, 2001, a vendor shall not be any	84276
insurance company holding a certificate of authority issued	84277
pursuant to Title XXXIX of the Revised Code or any health insuring	84278
corporation holding a certificate of authority under Chapter 1751.	84279
of the Revised Code.	84280

(F) The administrator may limit freedom of choice of health	84281
care provider or supplier by requiring, beginning with the period	84282
set forth in division (B)(1) or (2) of this section, that	84283
claimants shall pay an appropriate out-of-plan copayment for	84284
selecting a medical provider not within the health partnership	84285
program as provided for in this section.	84286

(G) The administrator, six months prior to the expiration of	84287
the bureau's certification or recertification of the vendor or	84288
vendors as set forth in division (B)(1) or (2) of this section,	84289
may certify and provide evidence to the governor, the speaker of	84290
the house of representatives, and the president of the senate that	84291
the existing bureau staff is able to match or exceed the	84292
performance and outcomes of the external vendor or vendors and	84293
that the bureau should be permitted to internally administer the	84294
health partnership program upon the expiration of the	84295
certification or recertification as set forth in division (B)(1)	84296
or (2) of this section.	84297

(H) The administrator shall establish and operate a bureau of	84298
workers' compensation health care data program. The administrator	84299
shall develop reporting requirements from all employees, employers	84300
and medical providers, medical vendors, and plans that participate	84301
in the workers' compensation system. The administrator shall do	84302
all of the following:	84303

(1) Utilize the collected data to measure and perform	84304
comparison analyses of costs, quality, appropriateness of medical	84305
care, and effectiveness of medical care delivered by all	84306
components of the workers' compensation system.	84307

(2) Compile data to support activities of the selected vendor	84308
or vendors and to measure the outcomes and savings of the health	84309
partnership program.	84310

(3) Publish and report compiled data on the measures of	84311
outcomes and savings of the health partnership program and submit	84312
the report to the president of the senate, the speaker of the	84313
house of representatives, and the governor~~, and the workers'~~	84314
~~compensation council~~ with the annual report prepared under	84315
division (F)(3) of section 4121.12 of the Revised Code. The	84316
administrator shall protect the confidentiality of all proprietary	84317
pricing data.	84318

(I) Any rehabilitation facility the bureau operates is	84319
eligible for inclusion in the Ohio workers' compensation qualified	84320
health plan system or the health partnership program under the	84321
same terms as other providers within health care plans or the	84322
program.	84323

(J) In areas outside the state or within the state where no	84324
qualified health plan or an inadequate number of providers within	84325
the health partnership program exist, the administrator shall	84326
permit employees to use a nonplan or nonprogram health care	84327
provider and shall pay the provider for the services or supplies	84328
provided to or on behalf of an employee for an injury or	84329
occupational disease that is compensable under this chapter or	84330
Chapter 4123., 4127., or 4131. of the Revised Code on a fee	84331
schedule the administrator adopts.	84332

(K) No health care provider, whether certified or not, shall	84333
charge, assess, or otherwise attempt to collect from an employee,	84334
employer, a managed care organization, or the bureau any amount	84335
for covered services or supplies that is in excess of the allowed	84336
amount paid by a managed care organization, the bureau, or a	84337
qualified health plan.	84338

(L) The administrator shall permit any employer or group of	84339
employers who agree to abide by the rules adopted under this	84340
section and sections 4121.441 and 4121.442 of the Revised Code to	84341
provide services or supplies to or on behalf of an employee for an	84342
injury or occupational disease that is compensable under this	84343
chapter or Chapter 4123., 4127., or 4131. of the Revised Code	84344
through qualified health plans of the Ohio workers' compensation	84345
qualified health plan system pursuant to section 4121.442 of the	84346
Revised Code or through the health partnership program pursuant to	84347
section 4121.441 of the Revised Code. No amount paid under the	84348
qualified health plan system pursuant to section 4121.442 of the	84349
Revised Code by an employer who is a state fund employer shall be	84350
charged to the employer's experience or otherwise be used in	84351
merit-rating or determining the risk of that employer for the	84352
purpose of the payment of premiums under this chapter, and if the	84353
employer is a self-insuring employer, the employer shall not	84354
include that amount in the paid compensation the employer reports	84355
under section 4123.35 of the Revised Code.	84356

Sec. 4123.27. Information contained in the annual statement	84357
provided for in section 4123.26 of the Revised Code, and such	84358
other information as may be furnished to the bureau of workers'	84359
compensation by employers in pursuance of that section, is for the	84360
exclusive use and information of the bureau in the discharge of	84361
its official duties, and shall not be open to the public nor be	84362
used in any court in any action or proceeding pending therein	84363
unless the bureau is a party to the action or proceeding; but the	84364
information contained in the statement may be tabulated and	84365
published by the bureau in statistical form for the use and	84366
information of other state departments and the public. No person	84367
in the employ of the bureau, except those who are authorized by	84368
the administrator of workers' compensation, shall divulge any	84369
information secured by the person while in the employ of the	84370
bureau in respect to the transactions, property, claim files,	84371
records, or papers of the bureau or in respect to the business or	84372
mechanical, chemical, or other industrial process of any company,	84373
firm, corporation, person, association, partnership, or public	84374
utility to any person other than the administrator or to the	84375
superior of such employee of the bureau.	84376

Notwithstanding the restrictions imposed by this section, the	84377
governor, select or standing committees of the general assembly,	84378
the auditor of state, the attorney general, or their designees,	84379
pursuant to the authority granted in this chapter and Chapter	84380
4121. of the Revised Code, may examine any records, claim files,	84381
or papers in possession of the industrial commission or the	84382
bureau. They also are bound by the privilege that attaches to	84383
these papers.	84384

The administrator shall report to the director of job and	84385
family services or to the county director of job and family	84386
services the name, address, and social security number or other	84387
identification number of any person receiving workers'	84388
compensation whose name or social security number or other	84389
identification number is the same as that of a person required by	84390
a court or child support enforcement agency to provide support	84391
payments to a recipient or participant of public assistance, as	84392
that term is defined in section 5101.181 of the Revised Code, and	84393
whose name is submitted to the administrator by the director under	84394
section 5101.36 of the Revised Code. The administrator also shall	84395
inform the director of the amount of workers' compensation paid to	84396
the person during such period as the director specifies.	84397

Within fourteen days after receiving from the director of job	84398
and family services a list of the names and social security	84399
numbers of recipients or participants of public assistance	84400
pursuant to section 5101.181 of the Revised Code, the	84401
administrator shall inform the auditor of state of the name,	84402
current or most recent address, and social security number of each	84403
person receiving workers' compensation pursuant to this chapter	84404
whose name and social security number are the same as that of a	84405
person whose name or social security number was submitted by the	84406
director. The administrator also shall inform the auditor of state	84407
of the amount of workers' compensation paid to the person during	84408
such period as the director specifies.	84409

The bureau and its employees, except for purposes of	84410
furnishing the auditor of state with information required by this	84411
section, shall preserve the confidentiality of recipients or	84412
participants of public assistance in compliance with ~~division (A)~~	84413
of section 5101.181 of the Revised Code.	84414

~~For the purposes of this section, "public assistance" means~~	84415
~~medical assistance provided through the medical assistance program~~	84416
~~established under section 5111.01 of the Revised Code, Ohio works~~	84417
~~first provided under Chapter 5107. of the Revised Code,~~	84418
~~prevention, retention, and contingency benefits and services~~	84419
~~provided under Chapter 5108. of the Revised Code, or disability~~	84420
~~financial assistance provided under Chapter 5115. of the Revised~~	84421
~~Code.~~	84422

Sec. 4123.341. The administrative costs of the industrial	84423
commission, ~~the workers' compensation council,~~ the bureau of	84424
workers' compensation board of directors, and the bureau of	84425
workers' compensation shall be those costs and expenses that are	84426
incident to the discharge of the duties and performance of the	84427
activities of the industrial commission, ~~the council,~~ the board,	84428
and the bureau under this chapter and Chapters 4121., 4125.,	84429
4127., 4131., and 4167. of the Revised Code, and all such costs	84430
shall be borne by the state and by other employers amenable to	84431
this chapter as follows:	84432

(A) In addition to the contribution required of the state	84433
under sections 4123.39 and 4123.40 of the Revised Code, the state	84434
shall contribute the sum determined to be necessary under section	84435
4123.342 of the Revised Code.	84436

(B) The director of budget and management may allocate the	84437
state's share of contributions in the manner the director finds	84438
most equitably apportions the costs.	84439

(C) The counties and taxing districts therein shall	84440
contribute such sum as may be required under section 4123.342 of	84441
the Revised Code.	84442

(D) The private employers shall contribute the sum required	84443
under section 4123.342 of the Revised Code.	84444

Sec. 4123.342. (A) The administrator of workers'	84445
compensation shall allocate among counties and taxing districts	84446
therein as a class, the state and its instrumentalities as a	84447
class, private employers who are insured under the private fund as	84448
a class, and self-insuring employers as a class their fair shares	84449
of the administrative costs which are to be borne by such	84450
employers under division (D) of section 4123.341 of the Revised	84451
Code, separately allocating to each class those costs solely	84452
attributable to the activities of the industrial commission, ~~those~~	84453
~~costs solely attributable to the activities of the workers'~~	84454
~~compensation council,~~ and those costs solely attributable to the	84455
activities of the bureau of workers' compensation board of	84456
directors, and the bureau of workers' compensation in respect of	84457
the class, allocating to any combination of classes those costs	84458
attributable to the activities of the industrial commission,	84459
~~council,~~ board, or bureau in respect of the classes, and	84460
allocating to all four classes those costs attributable to the	84461
activities of the industrial commission, ~~council,~~ board, and	84462
bureau in respect of all classes. The administrator shall	84463
separately calculate each employer's assessment in the class,	84464
except self-insuring employers, on the basis of the following	84465
three factors: payroll, paid compensation, and paid medical costs	84466
of the employer for those costs solely attributable to the	84467
activities of the board and the bureau. The administrator shall	84468
separately calculate each employer's assessment in the class,	84469
except self-insuring employers, on the basis of the following	84470
three factors: payroll, paid compensation, and paid medical costs	84471
of the employer for those costs solely attributable to the	84472
activities of the industrial commission. ~~The administrator shall~~	84473
~~separately calculate each employer's assessment in the class,~~	84474
~~except self-insuring employers, on the basis of the following~~	84475
~~three factors: payroll, paid compensation, and paid medical costs~~	84476
~~of the employer for those costs solely attributable to the~~	84477
~~activities of the council.~~ The administrator shall separately	84478
calculate each self-insuring employer's assessment in accordance	84479
with section 4123.35 of the Revised Code for those costs solely	84480
attributable to the activities of the board and the bureau. The	84481
administrator shall separately calculate each self-insuring	84482
employer's assessment in accordance with section 4123.35 of the	84483
Revised Code for those costs solely attributable to the activities	84484
of the industrial commission. ~~The administrator shall separately~~	84485
~~calculate each self-insuring employer's assessment in accordance~~	84486
~~with section 4123.35 of the Revised Code for those costs solely~~	84487
~~attributable to the activities of the council.~~ In a timely manner,	84488
the industrial commission shall provide to the administrator, the	84489
information necessary for the administrator to allocate and	84490
calculate, with the approval of the chairperson of the industrial	84491
commission, for each class of employer as described in this	84492
division, the costs solely attributable to the activities of the	84493
industrial commission. ~~In a timely manner, the director of the~~	84494
~~workers' compensation council shall submit to the administrator~~	84495
~~the information necessary for the administrator to allocate and~~	84496
~~calculate, with the approval of the director, for each class of~~	84497
~~employer as described in this division, the costs solely~~	84498
~~attributable to the activities of the council.~~	84499

(B) The administrator shall divide the administrative cost	84500
assessments collected by the administrator into ~~three~~two	84501
administrative assessment accounts within the state insurance	84502
fund. One of the administrative assessment accounts shall consist	84503
of the administrative cost assessment collected by the	84504
administrator for the industrial commission. ~~One of the~~	84505
~~administrative assessment accounts shall consist of the~~	84506
~~administrative cost assessment collected by the administrator for~~	84507
~~the council.~~ One of the administrative assessment accounts shall	84508
consist of the administrative cost assessments collected by the	84509
administrator for the bureau and the board. The administrator may	84510
invest the administrative cost assessments in these accounts on	84511
behalf of the bureau, ~~the council,~~ and the industrial commission	84512
as authorized in section 4123.44 of the Revised Code. In a timely	84513
manner, the administrator shall provide to the industrial	84514
commission ~~and the council~~ the information and reports the	84515
commission ~~or council, as applicable,~~ deems necessary for the	84516
commission ~~or the council, as applicable,~~ to monitor the receipts	84517
and the disbursements from the administrative assessment account	84518
for the industrial commission ~~or the administrative assessment~~	84519
~~account for the council, as applicable~~.	84520

(C) The administrator or the administrator's designee shall	84521
transfer moneys as necessary from the administrative assessment	84522
account identified for the bureau and the board to the workers'	84523
compensation fund for the use of the bureau and the board. As	84524
necessary and upon the authorization of the industrial commission,	84525
the administrator or the administrator's designee shall transfer	84526
moneys from the administrative assessment account identified for	84527
the industrial commission to the industrial commission operating	84528
fund created under section 4121.021 of the Revised Code. To the	84529
extent that the moneys collected by the administrator in any	84530
fiscal biennium of the state equal the sum appropriated by the	84531
general assembly for administrative costs of the industrial	84532
commission, board, and bureau for the biennium ~~and the~~	84533
~~administrative costs approved by the workers' compensation~~	84534
~~council~~, the moneys shall be paid into the workers' compensation	84535
fund,and the industrial commission operating fund of the state,	84536
~~the workers' compensation council fund, and the workers'~~	84537
~~compensation council remuneration fund,~~ as appropriate, and any	84538
remainder shall be retained in those funds and applied to reduce	84539
the amount collected during the next biennium.	84540

(D) ~~As necessary and upon authorization of the director of~~	84541
~~the council, the administrator or the administrator's designee~~	84542
~~shall transfer moneys from the administrative assessment account~~	84543
~~identified for the council to the workers' compensation council~~	84544
~~fund created in division (C) of section 4121.79 of the Revised~~	84545
~~Code.~~	84546

~~(E)~~ Sections 4123.41, 4123.35, and 4123.37 of the Revised	84547
Code apply to the collection of assessments from public and	84548
private employers respectively, except that for boards of county	84549
hospital trustees that are self-insuring employers, only those	84550
provisions applicable to the collection of assessments for private	84551
employers apply.	84552

Sec. 4123.35. (A) Except as provided in this section, every	84553
employer mentioned in division (B)(2) of section 4123.01 of the	84554
Revised Code, and every publicly owned utility shall pay	84555
semiannually in the months of January and July into the state	84556
insurance fund the amount of annual premium the administrator of	84557
workers' compensation fixes for the employment or occupation of	84558
the employer, the amount of which premium to be paid by each	84559
employer to be determined by the classifications, rules, and rates	84560
made and published by the administrator. The employer shall pay	84561
semiannually a further sum of money into the state insurance fund	84562
as may be ascertained to be due from the employer by applying the	84563
rules of the administrator, and a receipt or certificate	84564
certifying that payment has been made, along with a written notice	84565
as is required in section 4123.54 of the Revised Code, shall be	84566
mailed immediately to the employer by the bureau of workers'	84567
compensation. The receipt or certificate is prima-facie evidence	84568
of the payment of the premium, and the proper posting of the	84569
notice constitutes the employer's compliance with the notice	84570
requirement mandated in section 4123.54 of the Revised Code.	84571

The bureau of workers' compensation shall verify with the	84572
secretary of state the existence of all corporations and	84573
organizations making application for workers' compensation	84574
coverage and shall require every such application to include the	84575
employer's federal identification number.	84576

An employer as defined in division (B)(2) of section 4123.01	84577
of the Revised Code who has contracted with a subcontractor is	84578
liable for the unpaid premium due from any subcontractor with	84579
respect to that part of the payroll of the subcontractor that is	84580
for work performed pursuant to the contract with the employer.	84581

Division (A) of this section providing for the payment of	84582
premiums semiannually does not apply to any employer who was a	84583
subscriber to the state insurance fund prior to January 1, 1914,	84584
or who may first become a subscriber to the fund in any month	84585
other than January or July. Instead, the semiannual premiums shall	84586
be paid by those employers from time to time upon the expiration	84587
of the respective periods for which payments into the fund have	84588
been made by them.	84589

The administrator shall adopt rules to permit employers to	84590
make periodic payments of the semiannual premium due under this	84591
division. The rules shall include provisions for the assessment of	84592
interest charges, where appropriate, and for the assessment of	84593
penalties when an employer fails to make timely premium payments.	84594
An employer who timely pays the amounts due under this division is	84595
entitled to all of the benefits and protections of this chapter.	84596
Upon receipt of payment, the bureau immediately shall mail a	84597
receipt or certificate to the employer certifying that payment has	84598
been made, which receipt is prima-facie evidence of payment.	84599
Workers' compensation coverage under this chapter continues	84600
uninterrupted upon timely receipt of payment under this division.	84601

Every public employer, except public employers that are	84602
self-insuring employers under this section, shall comply with	84603
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in	84604
regard to the contribution of moneys to the public insurance fund.	84605

(B) Employers who will abide by the rules of the	84606
administrator and who may be of sufficient financial ability to	84607
render certain the payment of compensation to injured employees or	84608
the dependents of killed employees, and the furnishing of medical,	84609
surgical, nursing, and hospital attention and services and	84610
medicines, and funeral expenses, equal to or greater than is	84611
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64	84612
to 4123.67 of the Revised Code, and who do not desire to insure	84613
the payment thereof or indemnify themselves against loss sustained	84614
by the direct payment thereof, upon a finding of such facts by the	84615
administrator, may be granted the privilege to pay individually	84616
compensation, and furnish medical, surgical, nursing, and hospital	84617
services and attention and funeral expenses directly to injured	84618
employees or the dependents of killed employees, thereby being	84619
granted status as a self-insuring employer. The administrator may	84620
charge employers who apply for the status as a self-insuring	84621
employer a reasonable application fee to cover the bureau's costs	84622
in connection with processing and making a determination with	84623
respect to an application.	84624

All employers granted status as self-insuring employers shall	84625
demonstrate sufficient financial and administrative ability to	84626
assure that all obligations under this section are promptly met.	84627
The administrator shall deny the privilege where the employer is	84628
unable to demonstrate the employer's ability to promptly meet all	84629
the obligations imposed on the employer by this section.	84630

(1) The administrator shall consider, but is not limited to,	84631
the following factors, where applicable, in determining the	84632
employer's ability to meet all of the obligations imposed on the	84633
employer by this section:	84634

(a) The employer employs a minimum of five hundred employees	84635
in this state;	84636

(b) The employer has operated in this state for a minimum of	84637
two years, provided that an employer who has purchased, acquired,	84638
or otherwise succeeded to the operation of a business, or any part	84639
thereof, situated in this state that has operated for at least two	84640
years in this state, also shall qualify;	84641

(c) Where the employer previously contributed to the state	84642
insurance fund or is a successor employer as defined by bureau	84643
rules, the amount of the buyout, as defined by bureau rules;	84644

(d) The sufficiency of the employer's assets located in this	84645
state to insure the employer's solvency in paying compensation	84646
directly;	84647

(e) The financial records, documents, and data, certified by	84648
a certified public accountant, necessary to provide the employer's	84649
full financial disclosure. The records, documents, and data	84650
include, but are not limited to, balance sheets and profit and	84651
loss history for the current year and previous four years.	84652

(f) The employer's organizational plan for the administration	84653
of the workers' compensation law;	84654

(g) The employer's proposed plan to inform employees of the	84655
change from a state fund insurer to a self-insuring employer, the	84656
procedures the employer will follow as a self-insuring employer,	84657
and the employees' rights to compensation and benefits; and	84658

(h) The employer has either an account in a financial	84659
institution in this state, or if the employer maintains an account	84660
with a financial institution outside this state, ensures that	84661
workers' compensation checks are drawn from the same account as	84662
payroll checks or the employer clearly indicates that payment will	84663
be honored by a financial institution in this state.	84664

The administrator may waive the requirements of divisions	84665
(B)(1)(a) and (b) of this section and the requirement of division	84666
(B)(1)(e) of this section that the financial records, documents,	84667
and data be certified by a certified public accountant. The	84668
administrator shall adopt rules establishing the criteria that an	84669
employer shall meet in order for the administrator to waive the	84670
requirement of division (B)(1)(e) of this section. Such rules may	84671
require additional security of that employer pursuant to division	84672
(E) of section 4123.351 of the Revised Code.	84673

The administrator shall not grant the status of self-insuring	84674
employer to the state, except that the administrator may grant the	84675
status of self-insuring employer to a state institution of higher	84676
education, excluding its hospitals, that meets the requirements of	84677
division (B)(2) of this section.	84678

(2) When considering the application of a public employer,	84679
except for a board of county commissioners described in division	84680
(G) of section 4123.01 of the Revised Code, a board of a county	84681
hospital, or a publicly owned utility, the administrator shall	84682
verify that the public employer satisfies all of the following	84683
requirements as the requirements apply to that public employer:	84684

(a) For the two-year period preceding application under this	84685
section, the public employer has maintained an unvoted debt	84686
capacity equal to at least two times the amount of the current	84687
annual premium established by the administrator under this chapter	84688
for that public employer for the year immediately preceding the	84689
year in which the public employer makes application under this	84690
section.	84691

(b) For each of the two fiscal years preceding application	84692
under this section, the unreserved and undesignated year-end fund	84693
balance in the public employer's general fund is equal to at least	84694
five per cent of the public employer's general fund revenues for	84695
the fiscal year computed in accordance with generally accepted	84696
accounting principles.	84697

(c) For the five-year period preceding application under this	84698
section, the public employer, to the extent applicable, has	84699
complied fully with the continuing disclosure requirements	84700
established in rules adopted by the United States securities and	84701
exchange commission under 17 C.F.R. 240.15c 2-12.	84702

(d) For the five-year period preceding application under this	84703
section, the public employer has not had its local government fund	84704
distribution withheld on account of the public employer being	84705
indebted or otherwise obligated to the state.	84706

(e) For the five-year period preceding application under this	84707
section, the public employer has not been under a fiscal watch or	84708
fiscal emergency pursuant to section 118.023, 118.04, or 3316.03	84709
of the Revised Code.	84710

(f) For the public employer's fiscal year preceding	84711
application under this section, the public employer has obtained	84712
an annual financial audit as required under section 117.10 of the	84713
Revised Code, which has been released by the auditor of state	84714
within seven months after the end of the public employer's fiscal	84715
year.	84716

(g) On the date of application, the public employer holds a	84717
debt rating of Aa3 or higher according to Moody's investors	84718
service, inc., or a comparable rating by an independent rating	84719
agency similar to Moody's investors service, inc.	84720

(h) The public employer agrees to generate an annual	84721
accumulating book reserve in its financial statements reflecting	84722
an actuarially generated reserve adequate to pay projected claims	84723
under this chapter for the applicable period of time, as	84724
determined by the administrator.	84725

(i) For a public employer that is a hospital, the public	84726
employer shall submit audited financial statements showing the	84727
hospital's overall liquidity characteristics, and the	84728
administrator shall determine, on an individual basis, whether the	84729
public employer satisfies liquidity standards equivalent to the	84730
liquidity standards of other public employers.	84731

(j) Any additional criteria that the administrator adopts by	84732
rule pursuant to division (E) of this section.	84733

The administrator may adopt rules establishing the criteria	84734
that a public employer shall satisfy in order for the	84735
administrator to waive any of the requirements listed in divisions	84736
(B)(2)(a) to (j) of this section. The rules may require additional	84737
security from that employer pursuant to division (E) of section	84738
4123.351 of the Revised Code. The administrator shall not waive	84739
any of the requirements listed in divisions (B)(2)(a) to (j) of	84740
this section for a public employer who does not satisfy the	84741
criteria established in the rules the administrator adopts.	84742

(C) A board of county commissioners described in division (G)	84743
of section 4123.01 of the Revised Code, as an employer, that will	84744
abide by the rules of the administrator and that may be of	84745
sufficient financial ability to render certain the payment of	84746
compensation to injured employees or the dependents of killed	84747
employees, and the furnishing of medical, surgical, nursing, and	84748
hospital attention and services and medicines, and funeral	84749
expenses, equal to or greater than is provided for in sections	84750
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised	84751
Code, and that does not desire to insure the payment thereof or	84752
indemnify itself against loss sustained by the direct payment	84753
thereof, upon a finding of such facts by the administrator, may be	84754
granted the privilege to pay individually compensation, and	84755
furnish medical, surgical, nursing, and hospital services and	84756
attention and funeral expenses directly to injured employees or	84757
the dependents of killed employees, thereby being granted status	84758
as a self-insuring employer. The administrator may charge a board	84759
of county commissioners described in division (G) of section	84760
4123.01 of the Revised Code that applies for the status as a	84761
self-insuring employer a reasonable application fee to cover the	84762
bureau's costs in connection with processing and making a	84763
determination with respect to an application. All employers	84764
granted such status shall demonstrate sufficient financial and	84765
administrative ability to assure that all obligations under this	84766
section are promptly met. The administrator shall deny the	84767
privilege where the employer is unable to demonstrate the	84768
employer's ability to promptly meet all the obligations imposed on	84769
the employer by this section. The administrator shall consider,	84770
but is not limited to, the following factors, where applicable, in	84771
determining the employer's ability to meet all of the obligations	84772
imposed on the board as an employer by this section:	84773

(1) The board as an employer employs a minimum of five	84774
hundred employees in this state;	84775

(2) The board has operated in this state for a minimum of two	84776
years;	84777

(3) Where the board previously contributed to the state	84778
insurance fund or is a successor employer as defined by bureau	84779
rules, the amount of the buyout, as defined by bureau rules;	84780

(4) The sufficiency of the board's assets located in this	84781
state to insure the board's solvency in paying compensation	84782
directly;	84783

(5) The financial records, documents, and data, certified by	84784
a certified public accountant, necessary to provide the board's	84785
full financial disclosure. The records, documents, and data	84786
include, but are not limited to, balance sheets and profit and	84787
loss history for the current year and previous four years.	84788

(6) The board's organizational plan for the administration of	84789
the workers' compensation law;	84790

(7) The board's proposed plan to inform employees of the	84791
proposed self-insurance, the procedures the board will follow as a	84792
self-insuring employer, and the employees' rights to compensation	84793
and benefits;	84794

(8) The board has either an account in a financial	84795
institution in this state, or if the board maintains an account	84796
with a financial institution outside this state, ensures that	84797
workers' compensation checks are drawn from the same account as	84798
payroll checks or the board clearly indicates that payment will be	84799
honored by a financial institution in this state;	84800

(9) The board shall provide the administrator a surety bond	84801
in an amount equal to one hundred twenty-five per cent of the	84802
projected losses as determined by the administrator.	84803

(D) The administrator shall require a surety bond from all	84804
self-insuring employers, issued pursuant to section 4123.351 of	84805
the Revised Code, that is sufficient to compel, or secure to	84806
injured employees, or to the dependents of employees killed, the	84807
payment of compensation and expenses, which shall in no event be	84808
less than that paid or furnished out of the state insurance fund	84809
in similar cases to injured employees or to dependents of killed	84810
employees whose employers contribute to the fund, except when an	84811
employee of the employer, who has suffered the loss of a hand,	84812
arm, foot, leg, or eye prior to the injury for which compensation	84813
is to be paid, and thereafter suffers the loss of any other of the	84814
members as the result of any injury sustained in the course of and	84815
arising out of the employee's employment, the compensation to be	84816
paid by the self-insuring employer is limited to the disability	84817
suffered in the subsequent injury, additional compensation, if	84818
any, to be paid by the bureau out of the surplus created by	84819
section 4123.34 of the Revised Code.	84820

(E) In addition to the requirements of this section, the	84821
administrator shall make and publish rules governing the manner of	84822
making application and the nature and extent of the proof required	84823
to justify a finding of fact by the administrator as to granting	84824
the status of a self-insuring employer, which rules shall be	84825
general in their application, one of which rules shall provide	84826
that all self-insuring employers shall pay into the state	84827
insurance fund such amounts as are required to be credited to the	84828
surplus fund in division (B) of section 4123.34 of the Revised	84829
Code. The administrator may adopt rules establishing requirements	84830
in addition to the requirements described in division (B)(2) of	84831
this section that a public employer shall meet in order to qualify	84832
for self-insuring status.	84833

Employers shall secure directly from the bureau central	84834
offices application forms upon which the bureau shall stamp a	84835
designating number. Prior to submission of an application, an	84836
employer shall make available to the bureau, and the bureau shall	84837
review, the information described in division (B)(1) of this	84838
section, and public employers shall make available, and the bureau	84839
shall review, the information necessary to verify whether the	84840
public employer meets the requirements listed in division (B)(2)	84841
of this section. An employer shall file the completed application	84842
forms with an application fee, which shall cover the costs of	84843
processing the application, as established by the administrator,	84844
by rule, with the bureau at least ninety days prior to the	84845
effective date of the employer's new status as a self-insuring	84846
employer. The application form is not deemed complete until all	84847
the required information is attached thereto. The bureau shall	84848
only accept applications that contain the required information.	84849

(F) The bureau shall review completed applications within a	84850
reasonable time. If the bureau determines to grant an employer the	84851
status as a self-insuring employer, the bureau shall issue a	84852
statement, containing its findings of fact, that is prepared by	84853
the bureau and signed by the administrator. If the bureau	84854
determines not to grant the status as a self-insuring employer,	84855
the bureau shall notify the employer of the determination and	84856
require the employer to continue to pay its full premium into the	84857
state insurance fund. The administrator also shall adopt rules	84858
establishing a minimum level of performance as a criterion for	84859
granting and maintaining the status as a self-insuring employer	84860
and fixing time limits beyond which failure of the self-insuring	84861
employer to provide for the necessary medical examinations and	84862
evaluations may not delay a decision on a claim.	84863

(G) The administrator shall adopt rules setting forth	84864
procedures for auditing the program of self-insuring employers.	84865
The bureau shall conduct the audit upon a random basis or whenever	84866
the bureau has grounds for believing that a self-insuring employer	84867
is not in full compliance with bureau rules or this chapter.	84868

The administrator shall monitor the programs conducted by	84869
self-insuring employers, to ensure compliance with bureau	84870
requirements and for that purpose, shall develop and issue to	84871
self-insuring employers standardized forms for use by the	84872
self-insuring employer in all aspects of the self-insuring	84873
employers' direct compensation program and for reporting of	84874
information to the bureau.	84875

The bureau shall receive and transmit to the self-insuring	84876
employer all complaints concerning any self-insuring employer. In	84877
the case of a complaint against a self-insuring employer, the	84878
administrator shall handle the complaint through the	84879
self-insurance division of the bureau. The bureau shall maintain a	84880
file by employer of all complaints received that relate to the	84881
employer. The bureau shall evaluate each complaint and take	84882
appropriate action.	84883

The administrator shall adopt as a rule a prohibition against	84884
any self-insuring employer from harassing, dismissing, or	84885
otherwise disciplining any employee making a complaint, which rule	84886
shall provide for a financial penalty to be levied by the	84887
administrator payable by the offending self-insuring employer.	84888

(H) For the purpose of making determinations as to whether to	84889
grant status as a self-insuring employer, the administrator may	84890
subscribe to and pay for a credit reporting service that offers	84891
financial and other business information about individual	84892
employers. The costs in connection with the bureau's subscription	84893
or individual reports from the service about an applicant may be	84894
included in the application fee charged employers under this	84895
section.	84896

(I) The administrator, notwithstanding other provisions of	84897
this chapter, may permit a self-insuring employer to resume	84898
payment of premiums to the state insurance fund with appropriate	84899
credit modifications to the employer's basic premium rate as such	84900
rate is determined pursuant to section 4123.29 of the Revised	84901
Code.	84902

(J) On the first day of July of each year, the administrator	84903
shall calculate separately each self-insuring employer's	84904
assessments for the safety and hygiene fund, administrative costs	84905
pursuant to section 4123.342 of the Revised Code, and for the	84906
portion of the surplus fund under division (B) of section 4123.34	84907
of the Revised Code that is not used for handicapped	84908
reimbursement, on the basis of the paid compensation attributable	84909
to the individual self-insuring employer according to the	84910
following calculation:	84911

(1) The total assessment against all self-insuring employers	84912
as a class for each fund and for the administrative costs for the	84913
year that the assessment is being made, as determined by the	84914
administrator, divided by the total amount of paid compensation	84915
for the previous calendar year attributable to all amenable	84916
self-insuring employers;	84917

(2) Multiply the quotient in division (J)(1) of this section	84918
by the total amount of paid compensation for the previous calendar	84919
year that is attributable to the individual self-insuring employer	84920
for whom the assessment is being determined. Each self-insuring	84921
employer shall pay the assessment that results from this	84922
calculation, unless the assessment resulting from this calculation	84923
falls below a minimum assessment, which minimum assessment the	84924
administrator shall determine on the first day of July of each	84925
year with the advice and consent of the bureau of workers'	84926
compensation board of directors, in which event, the self-insuring	84927
employer shall pay the minimum assessment.	84928

In determining the total amount due for the total assessment	84929
against all self-insuring employers as a class for each fund and	84930
the administrative assessment, the administrator shall reduce	84931
proportionately the total for each fund and assessment by the	84932
amount of money in the self-insurance assessment fund as of the	84933
date of the computation of the assessment.	84934

The administrator shall calculate the assessment for the	84935
portion of the surplus fund under division (B) of section 4123.34	84936
of the Revised Code that is used for handicapped reimbursement in	84937
the same manner as set forth in divisions (J)(1) and (2) of this	84938
section except that the administrator shall calculate the total	84939
assessment for this portion of the surplus fund only on the basis	84940
of those self-insuring employers that retain participation in the	84941
handicapped reimbursement program and the individual self-insuring	84942
employer's proportion of paid compensation shall be calculated	84943
only for those self-insuring employers who retain participation in	84944
the handicapped reimbursement program. The administrator, as the	84945
administrator determines appropriate, may determine the total	84946
assessment for the handicapped portion of the surplus fund in	84947
accordance with sound actuarial principles.	84948

The administrator shall calculate the assessment for the	84949
portion of the surplus fund under division (B) of section 4123.34	84950
of the Revised Code that under division (D) of section 4121.66 of	84951
the Revised Code is used for rehabilitation costs in the same	84952
manner as set forth in divisions (J)(1) and (2) of this section,	84953
except that the administrator shall calculate the total assessment	84954
for this portion of the surplus fund only on the basis of those	84955
self-insuring employers who have not made the election to make	84956
payments directly under division (D) of section 4121.66 of the	84957
Revised Code and an individual self-insuring employer's proportion	84958
of paid compensation only for those self-insuring employers who	84959
have not made that election.	84960

The administrator shall calculate the assessment for the	84961
portion of the surplus fund under division (B) of section 4123.34	84962
of the Revised Code that is used for reimbursement to a	84963
self-insuring employer under division (H) of section 4123.512 of	84964
the Revised Code in the same manner as set forth in divisions	84965
(J)(1) and (2) of this section except that the administrator shall	84966
calculate the total assessment for this portion of the surplus	84967
fund only on the basis of those self-insuring employers that	84968
retain participation in reimbursement to the self-insuring	84969
employer under division (H) of section 4123.512 of the Revised	84970
Code and the individual self-insuring employer's proportion of	84971
paid compensation shall be calculated only for those self-insuring	84972
employers who retain participation in reimbursement to the	84973
self-insuring employer under division (H) of section 4123.512 of	84974
the Revised Code.	84975

An employer who no longer is a self-insuring employer in this	84976
state or who no longer is operating in this state, shall continue	84977
to pay assessments for administrative costs and for the portion of	84978
the surplus fund under division (B) of section 4123.34 of the	84979
Revised Code that is not used for handicapped reimbursement, based	84980
upon paid compensation attributable to claims that occurred while	84981
the employer was a self-insuring employer within this state.	84982

(K) ~~The administrator shall deposit any moneys received from~~	84983
~~a self-insuring employer for the self-insuring employer's~~	84984
~~assessment to pay the costs solely attributable to the workers'~~	84985
~~compensation council into the administrative assessment account~~	84986
~~described in division (B) of section 4123.342 of the Revised Code~~	84987
~~for the administrative cost assessment collected by the~~	84988
~~administrator for the council.~~ There is hereby created in the	84989
state treasury the self-insurance assessment fund. All investment	84990
earnings of the fund shall be deposited in the fund. The	84991
administrator shall use the money in the self-insurance assessment	84992
fund only for administrative costs as specified in section	84993
4123.341 of the Revised Code.	84994

(L) Every self-insuring employer shall certify, in affidavit	84995
form subject to the penalty for perjury, to the bureau the amount	84996
of the self-insuring employer's paid compensation for the previous	84997
calendar year. In reporting paid compensation paid for the	84998
previous year, a self-insuring employer shall exclude from the	84999
total amount of paid compensation any reimbursement the	85000
self-insuring employer receives in the previous calendar year from	85001
the surplus fund pursuant to section 4123.512 of the Revised Code	85002
for any paid compensation. The self-insuring employer also shall	85003
exclude from the paid compensation reported any amount recovered	85004
under section 4123.931 of the Revised Code and any amount that is	85005
determined not to have been payable to or on behalf of a claimant	85006
in any final administrative or judicial proceeding. The	85007
self-insuring employer shall exclude such amounts from the paid	85008
compensation reported in the reporting period subsequent to the	85009
date the determination is made. The administrator shall adopt	85010
rules, in accordance with Chapter 119. of the Revised Code, that	85011
provide for all of the following:	85012

(1) Establishing the date by which self-insuring employers	85013
must submit such information and the amount of the assessments	85014
provided for in division (J) of this section for employers who	85015
have been granted self-insuring status within the last calendar	85016
year;	85017

(2) If an employer fails to pay the assessment when due, the	85018
administrator may add a late fee penalty of not more than five	85019
hundred dollars to the assessment plus an additional penalty	85020
amount as follows:	85021

(a) For an assessment from sixty-one to ninety days past due,	85022
the prime interest rate, multiplied by the assessment due;	85023

(b) For an assessment from ninety-one to one hundred twenty	85024
days past due, the prime interest rate plus two per cent,	85025
multiplied by the assessment due;	85026

(c) For an assessment from one hundred twenty-one to one	85027
hundred fifty days past due, the prime interest rate plus four per	85028
cent, multiplied by the assessment due;	85029

(d) For an assessment from one hundred fifty-one to one	85030
hundred eighty days past due, the prime interest rate plus six per	85031
cent, multiplied by the assessment due;	85032

(e) For an assessment from one hundred eighty-one to two	85033
hundred ten days past due, the prime interest rate plus eight per	85034
cent, multiplied by the assessment due;	85035

(f) For each additional thirty-day period or portion thereof	85036
that an assessment remains past due after it has remained past due	85037
for more than two hundred ten days, the prime interest rate plus	85038
eight per cent, multiplied by the assessment due.	85039

(3) An employer may appeal a late fee penalty and penalty	85040
assessment to the administrator.	85041

For purposes of division (L)(2) of this section, "prime	85042
interest rate" means the average bank prime rate, and the	85043
administrator shall determine the prime interest rate in the same	85044
manner as a county auditor determines the average bank prime rate	85045
under section 929.02 of the Revised Code.	85046

The administrator shall include any assessment and penalties	85047
that remain unpaid for previous assessment periods in the	85048
calculation and collection of any assessments due under this	85049
division or division (J) of this section.	85050

(M) As used in this section, "paid compensation" means all	85051
amounts paid by a self-insuring employer for living maintenance	85052
benefits, all amounts for compensation paid pursuant to sections	85053
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and	85054
4123.64 of the Revised Code, all amounts paid as wages in lieu of	85055
such compensation, all amounts paid in lieu of such compensation	85056
under a nonoccupational accident and sickness program fully funded	85057
by the self-insuring employer, and all amounts paid by a	85058
self-insuring employer for a violation of a specific safety	85059
standard pursuant to Section 35 of Article II, Ohio Constitution	85060
and section 4121.47 of the Revised Code.	85061

(N) Should any section of this chapter or Chapter 4121. of	85062
the Revised Code providing for self-insuring employers'	85063
assessments based upon compensation paid be declared	85064
unconstitutional by a final decision of any court, then that	85065
section of the Revised Code declared unconstitutional shall revert	85066
back to the section in existence prior to November 3, 1989,	85067
providing for assessments based upon payroll.	85068

(O) The administrator may grant a self-insuring employer the	85069
privilege to self-insure a construction project entered into by	85070
the self-insuring employer that is scheduled for completion within	85071
six years after the date the project begins, and the total cost of	85072
which is estimated to exceed one hundred million dollars or, for	85073
employers described in division (R) of this section, if the	85074
construction project is estimated to exceed twenty-five million	85075
dollars. The administrator may waive such cost and time criteria	85076
and grant a self-insuring employer the privilege to self-insure a	85077
construction project regardless of the time needed to complete the	85078
construction project and provided that the cost of the	85079
construction project is estimated to exceed fifty million dollars.	85080
A self-insuring employer who desires to self-insure a construction	85081
project shall submit to the administrator an application listing	85082
the dates the construction project is scheduled to begin and end,	85083
the estimated cost of the construction project, the contractors	85084
and subcontractors whose employees are to be self-insured by the	85085
self-insuring employer, the provisions of a safety program that is	85086
specifically designed for the construction project, and a	85087
statement as to whether a collective bargaining agreement	85088
governing the rights, duties, and obligations of each of the	85089
parties to the agreement with respect to the construction project	85090
exists between the self-insuring employer and a labor	85091
organization.	85092

A self-insuring employer may apply to self-insure the	85093
employees of either of the following:	85094

(1) All contractors and subcontractors who perform labor or	85095
work or provide materials for the construction project;	85096

(2) All contractors and, at the administrator's discretion, a	85097
substantial number of all the subcontractors who perform labor or	85098
work or provide materials for the construction project.	85099

Upon approval of the application, the administrator shall	85100
mail a certificate granting the privilege to self-insure the	85101
construction project to the self-insuring employer. The	85102
certificate shall contain the name of the self-insuring employer	85103
and the name, address, and telephone number of the self-insuring	85104
employer's representatives who are responsible for administering	85105
workers' compensation claims for the construction project. The	85106
self-insuring employer shall post the certificate in a conspicuous	85107
place at the site of the construction project.	85108

The administrator shall maintain a record of the contractors	85109
and subcontractors whose employees are covered under the	85110
certificate issued to the self-insured employer. A self-insuring	85111
employer immediately shall notify the administrator when any	85112
contractor or subcontractor is added or eliminated from inclusion	85113
under the certificate.	85114

Upon approval of the application, the self-insuring employer	85115
is responsible for the administration and payment of all claims	85116
under this chapter and Chapter 4121. of the Revised Code for the	85117
employees of the contractor and subcontractors covered under the	85118
certificate who receive injuries or are killed in the course of	85119
and arising out of employment on the construction project, or who	85120
contract an occupational disease in the course of employment on	85121
the construction project. For purposes of this chapter and Chapter	85122
4121. of the Revised Code, a claim that is administered and paid	85123
in accordance with this division is considered a claim against the	85124
self-insuring employer listed in the certificate. A contractor or	85125
subcontractor included under the certificate shall report to the	85126
self-insuring employer listed in the certificate, all claims that	85127
arise under this chapter and Chapter 4121. of the Revised Code in	85128
connection with the construction project for which the certificate	85129
is issued.	85130

A self-insuring employer who complies with this division is	85131
entitled to the protections provided under this chapter and	85132
Chapter 4121. of the Revised Code with respect to the employees of	85133
the contractors and subcontractors covered under a certificate	85134
issued under this division for death or injuries that arise out	85135
of, or death, injuries, or occupational diseases that arise in the	85136
course of, those employees' employment on that construction	85137
project, as if the employees were employees of the self-insuring	85138
employer, provided that the self-insuring employer also complies	85139
with this section. No employee of the contractors and	85140
subcontractors covered under a certificate issued under this	85141
division shall be considered the employee of the self-insuring	85142
employer listed in that certificate for any purposes other than	85143
this chapter and Chapter 4121. of the Revised Code. Nothing in	85144
this division gives a self-insuring employer authority to control	85145
the means, manner, or method of employment of the employees of the	85146
contractors and subcontractors covered under a certificate issued	85147
under this division.	85148

The contractors and subcontractors included under a	85149
certificate issued under this division are entitled to the	85150
protections provided under this chapter and Chapter 4121. of the	85151
Revised Code with respect to the contractor's or subcontractor's	85152
employees who are employed on the construction project which is	85153
the subject of the certificate, for death or injuries that arise	85154
out of, or death, injuries, or occupational diseases that arise in	85155
the course of, those employees' employment on that construction	85156
project.	85157

The contractors and subcontractors included under a	85158
certificate issued under this division shall identify in their	85159
payroll records the employees who are considered the employees of	85160
the self-insuring employer listed in that certificate for purposes	85161
of this chapter and Chapter 4121. of the Revised Code, and the	85162
amount that those employees earned for employment on the	85163
construction project that is the subject of that certificate.	85164
Notwithstanding any provision to the contrary under this chapter	85165
and Chapter 4121. of the Revised Code, the administrator shall	85166
exclude the payroll that is reported for employees who are	85167
considered the employees of the self-insuring employer listed in	85168
that certificate, and that the employees earned for employment on	85169
the construction project that is the subject of that certificate,	85170
when determining those contractors' or subcontractors' premiums or	85171
assessments required under this chapter and Chapter 4121. of the	85172
Revised Code. A self-insuring employer issued a certificate under	85173
this division shall include in the amount of paid compensation it	85174
reports pursuant to division (L) of this section, the amount of	85175
paid compensation the self-insuring employer paid pursuant to this	85176
division for the previous calendar year.	85177

Nothing in this division shall be construed as altering the	85178
rights of employees under this chapter and Chapter 4121. of the	85179
Revised Code as those rights existed prior to September 17, 1996.	85180
Nothing in this division shall be construed as altering the rights	85181
devolved under sections 2305.31 and 4123.82 of the Revised Code as	85182
those rights existed prior to September 17, 1996.	85183

As used in this division, "privilege to self-insure a	85184
construction project" means privilege to pay individually	85185
compensation, and to furnish medical, surgical, nursing, and	85186
hospital services and attention and funeral expenses directly to	85187
injured employees or the dependents of killed employees.	85188

(P) A self-insuring employer whose application is granted	85189
under division (O) of this section shall designate a safety	85190
professional to be responsible for the administration and	85191
enforcement of the safety program that is specifically designed	85192
for the construction project that is the subject of the	85193
application.	85194

A self-insuring employer whose application is granted under	85195
division (O) of this section shall employ an ombudsperson for the	85196
construction project that is the subject of the application. The	85197
ombudsperson shall have experience in workers' compensation or the	85198
construction industry, or both. The ombudsperson shall perform all	85199
of the following duties:	85200

(1) Communicate with and provide information to employees who	85201
are injured in the course of, or whose injury arises out of	85202
employment on the construction project, or who contract an	85203
occupational disease in the course of employment on the	85204
construction project;	85205

(2) Investigate the status of a claim upon the request of an	85206
employee to do so;	85207

(3) Provide information to claimants, third party	85208
administrators, employers, and other persons to assist those	85209
persons in protecting their rights under this chapter and Chapter	85210
4121. of the Revised Code.	85211

A self-insuring employer whose application is granted under	85212
division (O) of this section shall post the name of the safety	85213
professional and the ombudsperson and instructions for contacting	85214
the safety professional and the ombudsperson in a conspicuous	85215
place at the site of the construction project.	85216

(Q) The administrator may consider all of the following when	85217
deciding whether to grant a self-insuring employer the privilege	85218
to self-insure a construction project as provided under division	85219
(O) of this section:	85220

(1) Whether the self-insuring employer has an organizational	85221
plan for the administration of the workers' compensation law;	85222

(2) Whether the safety program that is specifically designed	85223
for the construction project provides for the safety of employees	85224
employed on the construction project, is applicable to all	85225
contractors and subcontractors who perform labor or work or	85226
provide materials for the construction project, and has as a	85227
component, a safety training program that complies with standards	85228
adopted pursuant to the "Occupational Safety and Health Act of	85229
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing	85230
management and employee involvement;	85231

(3) Whether granting the privilege to self-insure the	85232
construction project will reduce the costs of the construction	85233
project;	85234

(4) Whether the self-insuring employer has employed an	85235
ombudsperson as required under division (P) of this section;	85236

(5) Whether the self-insuring employer has sufficient surety	85237
to secure the payment of claims for which the self-insuring	85238
employer would be responsible pursuant to the granting of the	85239
privilege to self-insure a construction project under division (O)	85240
of this section.	85241

(R) As used in divisions (O), (P), and (Q), "self-insuring	85242
employer" includes the following employers, whether or not they	85243
have been granted the status of being a self-insuring employer	85244
under division (B) of this section:	85245

(1) A state institution of higher education;

85246

(2) A school district;

85247

(3) A county school financing district;

85248

(4) An educational service center;

85249

(5) A community school established under Chapter 3314. of the	85250
Revised Code;	85251

(6) A municipal power agency as defined in section 3734.058	85252
of the Revised Code.	85253

(S) As used in this section:

85254

(1) "Unvoted debt capacity" means the amount of money that a	85255
public employer may borrow without voter approval of a tax levy;	85256

(2) "State institution of higher education" means the state	85257
universities listed in section 3345.011 of the Revised Code,	85258
community colleges created pursuant to Chapter 3354. of the	85259
Revised Code, university branches created pursuant to Chapter	85260
3355. of the Revised Code, technical colleges created pursuant to	85261
Chapter 3357. of the Revised Code, and state community colleges	85262
created pursuant to Chapter 3358. of the Revised Code.	85263

Sec. 4131.03. (A) For the relief of persons who are entitled	85264
to receive benefits by virtue of the federal act, there is hereby	85265
established a coal-workers pneumoconiosis fund, which shall be	85266
separate from the funds established and administered pursuant to	85267
Chapter 4123. of the Revised Code. The fund shall consist of	85268
premiums and other payments thereto by subscribers who elect to	85269
subscribe to the fund to insure the payment of benefits required	85270
by the federal act.	85271

(B)(1) The coal-workers pneumoconiosis fund shall be in the	85272
custody of the treasurer of state. The bureau of workers'	85273
compensation shall make disbursements from the fund to those	85274
persons entitled to payment therefrom and in the amounts required	85275
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All	85276
investment earnings of the fund shall be credited to the fund.	85277

(2) ~~The~~Beginning July 1, 2011, and ending June 30, 2013, the	85278
director of natural resources annually may request the	85279
administrator of workers' compensation to transfer a portion of	85280
the investment earnings credited to the coal-workers	85281
pneumoconiosis fund as provided in this division. If the	85282
administrator receives a request from the director, the	85283
administrator ~~of workers' compensation may~~, on the first day of	85284
July, or as soon as possible after that date, shall transfer a	85285
~~portion of~~from the investment earnings credited to the	85286
coal-workers pneumoconiosis fund an amount not to exceed three	85287
million dollars to the mine safety fund created in section 1561.24	85288
of the Revised Code for the purposes specified in that section and	85289
an amount not to exceed one million five hundred thousand dollars	85290
to the coal mining administration and reclamation reserve fund	85291
created in section 1513.181 of the Revised Code for the purposes	85292
specified in that section. The administrator, with the advice and	85293
consent of the bureau of workers' compensation board of directors,	85294
shall adopt rules governing the transfer in order to ensure the	85295
solvency of the coal-workers pneumoconiosis fund. For that	85296
purpose, the rules may establish tests based on measures of net	85297
assets, liabilities, expenses, interest, dividend income, or other	85298
factors that the administrator determines appropriate that may be	85299
applied prior to a transfer.	85300

(C) The administrator shall have the same powers to invest	85301
any of the surplus or reserve belonging to the coal-workers	85302
pneumoconiosis fund as are delegated to the administrator under	85303
section 4123.44 of the Revised Code with respect to the state	85304
insurance fund.	85305

(D) If the administrator determines that reinsurance of the	85306
risks of the coal-workers pneumoconiosis fund is necessary to	85307
assure solvency of the fund, the administrator may:	85308

(1) Enter into contracts for the purchase of reinsurance	85309
coverage of the risks of the fund with any company or agency	85310
authorized by law to issue contracts of reinsurance;	85311

(2) Pay the cost of reinsurance from the fund;

85312

(3) Include the costs of reinsurance as a liability and	85313
estimated liability of the fund.	85314

Sec. 4141.031. The director of the department of job and	85315
family services shall appoint a migrant agricultural ombudsperson	85316
as provided in section ~~3733.49~~3733.43 of the Revised Code.	85317

Sec. 4141.08. (A) There is hereby created an unemployment	85318
compensation advisory council appointed as follows:	85319

(1) Three members who on account of their vocation,	85320
employment, or affiliations can be classed as representative of	85321
employers and three members who on account of their vocation,	85322
employment, or affiliation can be classed as representatives of	85323
employees appointed by the governor with the advice and consent of	85324
the senate. All appointees shall be persons whose training and	85325
experience qualify them to deal with the difficult problems of	85326
unemployment compensation, particularly with respect to the legal,	85327
accounting, actuarial, economic, and social aspects of	85328
unemployment compensation;	85329

(2) The chairpersons of the standing committees of the senate	85330
and the house of representatives to which legislation pertaining	85331
to Chapter 4141. of the Revised Code is customarily referred;	85332

(3) Two members of the senate appointed by the president of	85333
the senate; and	85334

(4) Two members of the house of representatives appointed by	85335
the speaker of the house of representatives.	85336

The speaker and the president shall arrange that of the six	85337
legislative members appointed to the council, not more than three	85338
are members of the same political party.	85339

(B) Members appointed by the governor shall serve for a term	85340
of four years, each term ending on the same day as the date of	85341
their original appointment. Legislative members shall serve during	85342
the session of the general assembly to which they are elected and	85343
for as long as they are members of the general assembly. Vacancies	85344
shall be filled in the same manner as the original appointment but	85345
only for the unexpired part of a term.	85346

(C) Members of the council shall serve without salary but,	85347
notwithstanding section 101.26 of the Revised Code, shall be paid	85348
a meeting stipend of fifty dollars per day each and their actual	85349
and necessary expenses while engaged in the performance of their	85350
duties as members of the council which shall be paid from funds	85351
allocated to pay the expenses of the council pursuant to this	85352
section.	85353

(D) The council shall organize itself and select a	85354
chairperson or co-chairpersons and other officers and committees	85355
as it considers necessary. Seven members constitute a quorum and	85356
the council may act only upon the affirmative vote of seven	85357
members. The council shall meet at least once each calendar	85358
quarter but it may meet more often as the council considers	85359
necessary or at the request of the chairperson.	85360

(E) The council may employ professional and clerical	85361
assistance as it considers necessary and may request of the	85362
director of job and family services assistance as it considers	85363
necessary. The director shall furnish the council with office and	85364
meeting space as requested by the council.	85365

(F) The director shall pay the operating expenses of the	85366
council ~~as determined by the council~~ from moneys in the	85367
unemployment compensation special administrative fund established	85368
in section 4141.11 of the Revised Code.	85369

(G) The council shall have access to only the records of the	85370
department of job and family services that are necessary for the	85371
administration of this chapter and to the reasonable services of	85372
the employees of the department. It may request the director, or	85373
any of the employees appointed by the director, or any employer or	85374
employee subject to this chapter, to appear before it and to	85375
testify relative to the functioning of this chapter and to other	85376
relevant matters. The council may conduct research of its own,	85377
make and publish reports, and recommend to the director, the	85378
unemployment compensation review commission, the governor, or the	85379
general assembly needed changes in this chapter, or in the rules	85380
of the department as it considers necessary.	85381

Sec. 4141.11. There is hereby created in the state treasury	85382
the unemployment compensation special administrative fund. The	85383
fund shall consist of all interest collected on delinquent	85384
contributions pursuant to this chapter, all fines and forfeitures	85385
collected under this chapter, and all court costs and interest	85386
paid or collected in connection with the repayment of fraudulently	85387
obtained benefits pursuant to section 4141.35 of the Revised Code.	85388
All interest earned on the money in the fund shall be retained in	85389
the fund and shall not be credited or transferred to any other	85390
fund or account, except as provided in division (B) of this	85391
section. All moneys which are deposited or paid into this fund may	85392
be used by:	85393

(A) The director of job and family services ~~with the approval~~	85394
~~of the unemployment compensation advisory council~~ whenever it	85395
appears that such use is necessary for:	85396

(1) The proper administration of this chapter and no federal	85397
funds are available for the specific purpose for which the	85398
expenditure is to be made, provided the moneys are not substituted	85399
for appropriations from federal funds, which in the absence of	85400
such moneys would be available;	85401

(2) The proper administration of this chapter for which	85402
purpose appropriations from federal funds have been requested and	85403
approved but not received, provided the fund would be reimbursed	85404
upon receipt of the federal appropriation;	85405

(3) To the extent possible, the repayment to the unemployment	85406
compensation administration fund of moneys found by the proper	85407
agency of the United States to have been lost or expended for	85408
purposes other than, or an amount in excess of, those found	85409
necessary by the proper agency of the United States for the	85410
administration of this chapter.	85411

(B) The director or the director's deputy whenever it appears	85412
that such use is necessary for the payment of refunds or	85413
adjustments of interest, fines, forfeitures, or court costs	85414
erroneously collected and paid into this fund pursuant to this	85415
chapter.	85416

(C) The director, to pay state disaster unemployment benefits	85417
pursuant to section 4141.292 of the Revised Code. ~~The director~~	85418
~~need not have prior approval from the council to make these~~	85419
~~payments.~~	85420

(D) The director, to pay any costs attributable to the	85421
director that are associated with the sale of real property under	85422
section 4141.131 of the Revised Code. ~~The director need not have~~	85423
~~prior approval from the council to make these payments.~~	85424

Whenever the balance in the unemployment compensation special	85425
administrative fund is considered to be excessive by the ~~council~~	85426
director, the director shall request the director of budget and	85427
management to transfer to the unemployment compensation fund the	85428
amount considered to be excessive. Any balance in the unemployment	85429
compensation special administrative fund shall not lapse at any	85430
time, but shall be continuously available to the director of ~~jobs~~	85431
job and family services ~~or to the council~~ for expenditures	85432
consistent with this chapter.	85433

Sec. 4141.33. (A) "Seasonal employment" means employment of	85434
individuals hired primarily to perform services in an industry	85435
which because of climatic conditions or because of the seasonal	85436
nature of such industry it is customary to operate only during	85437
regularly recurring periods of forty weeks or less in any	85438
consecutive fifty-two weeks. "Seasonal employer" means an employer	85439
determined by the director of job and family services to be an	85440
employer whose operations and business, with the exception of	85441
certain administrative and maintenance operations, are	85442
substantially all in a seasonal industry. Any employer who claims	85443
to have seasonal employment in a seasonal industry may file with	85444
the director a written application for classification of such	85445
employment as seasonal. Whenever in any industry it is customary	85446
to operate because of climatic conditions or because of the	85447
seasonal nature of such industry only during regularly recurring	85448
periods of forty weeks or less duration, benefits shall be payable	85449
only during the longest seasonal periods which the best practice	85450
of such industry will reasonably permit. The director shall	85451
determine, after investigation, hearing, and due notice, whether	85452
the industry is seasonal and, if seasonal, establish seasonal	85453
periods for such seasonal employer. Until such determination by	85454
the director, no industry or employment shall be deemed seasonal.	85455

(B) When the director has determined such seasonal periods,	85456
the director shall also establish the proportionate number of	85457
weeks of employment and earnings required to qualify for seasonal	85458
benefit rights in place of the weeks of employment and earnings	85459
requirement stipulated in division (R) of section 4141.01 and	85460
section 4141.30 of the Revised Code, and the proportionate number	85461
of weeks for which seasonal benefits may be paid. An individual	85462
whose base period employment consists of only seasonal employment	85463
for a single seasonal employer and who meets the employment and	85464
earnings requirements determined by the director pursuant to this	85465
division will have benefit rights determined in accordance with	85466
this division. Benefit charges for such seasonal employment shall	85467
be computed and charged in accordance with division (D) of section	85468
4141.24 of the Revised Code. The director may adopt rules for	85469
implementation of this section.	85470

(C) AnSubject to division (E) of this section, an individual	85471
whose base period employment consists of either seasonal	85472
employment with two or more seasonal employers or both seasonal	85473
employment and nonseasonal employment with employers subject to	85474
this chapter, will have benefit rights determined in accordance	85475
with division (R) of section 4141.01 and section 4141.30 of the	85476
Revised Code. Benefit charges for both seasonal and nonseasonal	85477
employment shall be computed and charged in accordance with	85478
division (D) of section 4141.24 of the Revised Code. The total	85479
seasonal and nonseasonal benefits during a benefit year cannot	85480
exceed twenty-six times the weekly benefit amount.	85481

(D) Benefits shall not be paid to any individual on the basis	85482
of any services, substantially all of which consist of	85483
participating in sports or athletic events or training or	85484
preparing to so participate, for any week which commences during	85485
the period between two successive sport seasons, or similar	85486
periods, if the individual performed services in the first of the	85487
seasons, or similar periods, and there is a reasonable assurance	85488
that the individual will perform services in the later of the	85489
seasons, or similar periods.	85490

~~(1)~~(E) Effective October 30, 2011, benefits shall not be paid	85491
to any individual on the basis of any services performed in	85492
seasonal employment for any week that commences during the period	85493
between two successive seasonal work periods if the individual	85494
performed services in the first of the seasonal work periods and	85495
there is a reasonable assurance that the individual will perform	85496
services in the later of the seasonal work periods.	85497

(F) The term "reasonable assurance" as used in this ~~division~~	85498
section means a written, verbal, or implied agreement that the	85499
individual will perform services in the same or similar capacity	85500
during the ensuing sports season or seasonal work period.	85501

~~(2)~~(G) The director shall adopt rules concerning the	85502
eligibility for benefits of individuals under this ~~division~~	85503
section.	85504

Sec. 4301.01. (A) As used in the Revised Code:

85505

(1) "Intoxicating liquor" and "liquor" include all liquids	85506
and compounds, other than beer, containing one-half of one per	85507
cent or more of alcohol by volume which are fit to use for	85508
beverage purposes, from whatever source and by whatever process	85509
produced, by whatever name called, and whether they are medicated,	85510
proprietary, or patented. "Intoxicating liquor" and "liquor"	85511
include wine even if it contains less than four per cent of	85512
alcohol by volume, mixed beverages even if they contain less than	85513
four per cent of alcohol by volume, cider, alcohol, and all solids	85514
and confections which contain any alcohol.	85515

(2) Except as used in sections 4301.01 to 4301.20, 4301.22 to	85516
4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of the	85517
Revised Code, "sale" and "sell" include exchange, barter, gift,	85518
offer for sale, sale, distribution and delivery of any kind, and	85519
the transfer of title or possession of beer and intoxicating	85520
liquor either by constructive or actual delivery by any means or	85521
devices whatever, including the sale of beer or intoxicating	85522
liquor by means of a controlled access alcohol and beverage	85523
cabinet pursuant to section 4301.21 of the Revised Code. "Sale"	85524
and "sell" do not include the mere solicitation of orders for beer	85525
or intoxicating liquor from the holders of permits issued by the	85526
division of liquor control authorizing the sale of the beer or	85527
intoxicating liquor, but no solicitor shall solicit any such	85528
orders until the solicitor has been registered with the division	85529
pursuant to section 4303.25 of the Revised Code.	85530

(3) "Vehicle" includes all means of transportation by land,	85531
by water, or by air, and everything made use of in any way for	85532
such transportation.	85533

(B) As used in this chapter:

85534

(1) "Alcohol" means ethyl alcohol, whether rectified or	85535
diluted with water or not, whatever its origin may be, and	85536
includes synthetic ethyl alcohol. "Alcohol" does not include	85537
denatured alcohol and wood alcohol.	85538

(2) "Beer" includes all beverages brewed or fermented wholly	85539
or in part from malt products and containing one-half of one per	85540
cent or more, but not more than ~~twelve~~eighteen per cent, of	85541
alcohol by volume.	85542

(3) "Wine" includes all liquids fit to use for beverage	85543
purposes containing not less than one-half of one per cent of	85544
alcohol by volume and not more than twenty-one per cent of alcohol	85545
by volume, which is made from the fermented juices of grapes,	85546
fruits, or other agricultural products, except that as used in	85547
sections 4301.13, 4301.421, 4301.422, 4301.432, and 4301.44 of the	85548
Revised Code, and, for purposes of determining the rate of the tax	85549
that applies, division (B) of section 4301.43 of the Revised Code,	85550
"wine" does not include cider.	85551

(4) "Mixed beverages," such as bottled and prepared cordials,	85552
cocktails, and highballs, are products obtained by mixing any type	85553
of whiskey, neutral spirits, brandy, gin, or other distilled	85554
spirits with, or over, carbonated or plain water, pure juices from	85555
flowers and plants, and other flavoring materials. The completed	85556
product shall contain not less than one-half of one per cent of	85557
alcohol by volume and not more than twenty-one per cent of alcohol	85558
by volume.	85559

(5) "Spirituous liquor" includes all intoxicating liquors	85560
containing more than twenty-one per cent of alcohol by volume.	85561

(6) "Sealed container" means any container having a capacity	85562
of not more than one hundred twenty-eight fluid ounces, the	85563
opening of which is closed to prevent the entrance of air.	85564

(7) "Person" includes firms and corporations.

85565

(8) "Manufacture" includes all processes by which beer or	85566
intoxicating liquor is produced, whether by distillation,	85567
rectifying, fortifying, blending, fermentation, or brewing, or in	85568
any other manner.	85569

(9) "Manufacturer" means any person engaged in the business	85570
of manufacturing beer or intoxicating liquor.	85571

(10) "Wholesale distributor" and "distributor" means a person	85572
engaged in the business of selling to retail dealers for purposes	85573
of resale.	85574

(11) "Hotel" has the same meaning as in section 3731.01 of	85575
the Revised Code, subject to the exceptions mentioned in section	85576
3731.03 of the Revised Code.	85577

(12) "Restaurant" means a place located in a permanent	85578
building provided with space and accommodations wherein, in	85579
consideration of the payment of money, hot meals are habitually	85580
prepared, sold, and served at noon and evening, as the principal	85581
business of the place. "Restaurant" does not include pharmacies,	85582
confectionery stores, lunch stands, night clubs, and filling	85583
stations.	85584

(13) "Club" means a corporation or association of individuals	85585
organized in good faith for social, recreational, benevolent,	85586
charitable, fraternal, political, patriotic, or athletic purposes,	85587
which is the owner, lessor, or occupant of a permanent building or	85588
part of a permanent building operated solely for those purposes,	85589
membership in which entails the prepayment of regular dues, and	85590
includes the place so operated.	85591

(14) "Night club" means a place operated for profit, where	85592
food is served for consumption on the premises and one or more	85593
forms of amusement are provided or permitted for a consideration	85594
that may be in the form of a cover charge or may be included in	85595
the price of the food and beverages, or both, purchased by	85596
patrons.	85597

(15) "At retail" means for use or consumption by the	85598
purchaser and not for resale.	85599

(16) "Pharmacy" means an establishment, as defined in section	85600
4729.01 of the Revised Code, that is under the management or	85601
control of a licensed pharmacist in accordance with section	85602
4729.27 of the Revised Code.	85603

(17) "Enclosed shopping center" means a group of retail sales	85604
and service business establishments that face into an enclosed	85605
mall, share common ingress, egress, and parking facilities, and	85606
are situated on a tract of land that contains an area of not less	85607
than five hundred thousand square feet. "Enclosed shopping center"	85608
also includes not more than one business establishment that is	85609
located within a free-standing building on such a tract of land,	85610
so long as the sale of beer and intoxicating liquor on the tract	85611
of land was approved in an election held under former section	85612
4301.353 of the Revised Code.	85613

(18) "Controlled access alcohol and beverage cabinet" means a	85614
closed container, either refrigerated, in whole or in part, or	85615
nonrefrigerated, access to the interior of which is restricted by	85616
means of a device that requires the use of a key, magnetic card,	85617
or similar device and from which beer, intoxicating liquor, other	85618
beverages, or food may be sold.	85619

(19) "Community facility" means either of the following:

85620

(a) Any convention, sports, or entertainment facility or	85621
complex, or any combination of these, that is used by or	85622
accessible to the general public and that is owned or operated in	85623
whole or in part by the state, a state agency, or a political	85624
subdivision of the state or that is leased from, or located on	85625
property owned by or leased from, the state, a state agency, a	85626
political subdivision of the state, or a convention facilities	85627
authority created pursuant to section 351.02 of the Revised Code;	85628

(b) An area designated as a community entertainment district	85629
pursuant to section 4301.80 of the Revised Code.	85630

(20) "Low-alcohol beverage" means any brewed or fermented	85631
malt product, or any product made from the fermented juices of	85632
grapes, fruits, or other agricultural products, that contains	85633
either no alcohol or less than one-half of one per cent of alcohol	85634
by volume. The beverages described in division (B)(20) of this	85635
section do not include a soft drink such as root beer, birch beer,	85636
or ginger beer.	85637

(21) "Cider" means all liquids fit to use for beverage	85638
purposes that contain one-half of one per cent of alcohol by	85639
volume, but not more than six per cent of alcohol by weight, and	85640
that are made through the normal alcoholic fermentation of the	85641
juice of sound, ripe apples, including, without limitation,	85642
flavored, sparkling, or carbonated cider and cider made from pure	85643
condensed apple must.	85644

(22) "Sales area or territory" means an exclusive geographic	85645
area or territory that is assigned to a particular A or B permit	85646
holder and that either has one or more political subdivisions as	85647
its boundaries or consists of an area of land with readily	85648
identifiable geographic boundaries. "Sales area or territory" does	85649
not include, however, any particular retail location in an	85650
exclusive geographic area or territory that had been assigned to	85651
another A or B permit holder before April 9, 2001.	85652

Sec. 4301.12. The division of liquor control shall provide	85653
for the custody, safekeeping, and deposit of all moneys, checks,	85654
and drafts received by it or any of its employees or agents prior	85655
to paying them to the treasurer of state as provided by section	85656
113.08 of the Revised Code.	85657

A sum equal to three dollars and thirty-eight cents for each	85658
gallon of spirituous liquor sold by the division, JobsOhio, or a	85659
designee of JobsOhio during the period covered by the payment	85660
shall be paid into the state treasury to the credit of the general	85661
revenue fund. All moneys received from permit fees, except B-2a	85662
and S permit fees from B-2a and S permit holders who do not also	85663
hold A-2 permits, shall be paid to the credit of the undivided	85664
liquor permit fund established by section 4301.30 of the Revised	85665
Code.	85666

Except as otherwise provided by law, all moneys collected	85667
under Chapters 4301. and 4303. of the Revised Code shall be paid	85668
by the division into the state treasury to the credit of the	85669
liquor control fund, which is hereby created. In addition, revenue	85670
resulting from any contracts with the department of commerce	85671
pertaining to the responsibilities and operations described in	85672
this chapter may be credited to the fund. Amounts in the liquor	85673
control fund may be used to pay the operating expenses of the	85674
liquor control commission.	85675

Whenever, in the judgment of the director of budget and	85676
management, the amount in the liquor control fund is in excess of	85677
that needed to meet the maturing obligations of the division, as	85678
working capital for its further operations, to pay the operating	85679
expenses of the commission, and for the alcohol testing program	85680
under section 3701.143 of the Revised Code, the director shall	85681
transfer the excess to the credit of the general revenue fund. If	85682
the director determines that the amount in the liquor control fund	85683
is insufficient, the director may transfer money from the general	85684
revenue fund to the liquor control fund.	85685

Sec. 4301.17. (A)(1) Subject to local option as provided in	85686
sections 4301.32 to 4301.40 of the Revised Code, five state liquor	85687
stores or agencies may be established in each county. One	85688
additional store may be established in any county for each twenty	85689
thousand of population of that county or major fraction thereof in	85690
excess of the first forty thousand, according to the last	85691
preceding federal decennial census or according to the population	85692
estimates certified by the department of development between	85693
decennial censuses. A person engaged in a mercantile business may	85694
act as the agent for the division of liquor control for the sale	85695
of spirituous liquor in a municipal corporation, in the	85696
unincorporated area of a township, or in an area designated and	85697
approved as a resort area under section 4303.262 of the Revised	85698
Code. The division shall fix the compensation for such an agent in	85699
the manner it considers best, but the compensation shall not	85700
exceed seven per cent of the gross sales made by the agent in any	85701
one year.	85702

(2) The division shall adopt rules in accordance with Chapter	85703
119. of the Revised Code governing the allocation and equitable	85704
distribution of agency store contracts. The division shall comply	85705
with the rules when awarding a contract under division (A)(1) of	85706
this section.	85707

(3) Except as otherwise provided in this section, no	85708
mercantile business that sells beer or intoxicating liquor for	85709
consumption on the premises under a permit issued by the division	85710
shall operate an agency store at the premises. An agency to which	85711
a D-1 permit has been issued may offer for sale tasting samples of	85712
beer, an agency to which a D-2 permit has been issued may offer	85713
for sale tasting samples of wine and mixed beverages, and an	85714
agency to which a D-5 permit has been issued may offer for sale	85715
tasting samples of beer, wine, ~~and~~ mixed beverages, ~~but not~~and	85716
spirituous liquor. An agency store may offer for sale tasting	85717
samples of spirituous liquor in accordance with rules adopted by	85718
the division. A tasting sample shall not be sold for the purpose	85719
of general consumption. As used in this section, "tasting sample"	85720
means either of the following:	85721

(a) In the case of beer, wine, and mixed beverages, a small	85722
amount of beer, wine, or mixed beverages that is provided in not	85723
more than four servings of not more than two ounces each to an	85724
authorized purchaser and that allows the purchaser to determine,	85725
by tasting only, the quality and character of the beverage;	85726

(b) In the case of spirituous liquor, a small amount of	85727
spirituous liquor that is provided in not more than four servings	85728
of not more than a quarter ounce of spirituous liquor and one	85729
ounce of nonalcoholic mixer each to an authorized purchaser and	85730
that allows the purchaser to determine, by tasting only, the	85731
quality and character of the beverage.	85732

(B) When an agency contract is proposed, when an existing	85733
agency contract is assigned, when an existing agency proposes to	85734
relocate, or when an existing agency is relocated and assigned,	85735
before entering into any contract, consenting to any assignment,	85736
or consenting to any relocation, the division shall notify the	85737
legislative authority of the municipal corporation in which the	85738
agency store is to be located, or the board of county	85739
commissioners and the board of township trustees of the county and	85740
the township in which the agency store is to be located if the	85741
agency store is to be located outside the corporate limits of a	85742
municipal corporation, of the proposed contract, assignment, or	85743
relocation, and an opportunity shall be provided officials or	85744
employees of the municipal corporation or county and township for	85745
a complete hearing upon the advisability of entering into the	85746
contract or consenting to the assignment or relocation. When the	85747
division sends notice to the legislative authority of the	85748
political subdivision, the division shall notify, by certified	85749
mail or by personal service, the chief peace officer of the	85750
political subdivision, who may appear and testify, either in	85751
person or through a representative, at any hearing held on the	85752
advisability of entering into the contract or consenting to the	85753
assignment or relocation.	85754

If the proposed agency store, the assignment of an agency	85755
contract, or the relocation of an agency store would be located	85756
within five hundred feet of a school, church, library, public	85757
playground, or township park, the division shall not enter into an	85758
agency contract until it has provided notice of the proposed	85759
contract to the authorities in control of the school, church,	85760
library, public playground, or township park and has provided	85761
those authorities with an opportunity for a complete hearing upon	85762
the advisability of entering into the contract. If an agency store	85763
so located is operating under an agency contract, the division may	85764
consent to relocation of the agency store or to the assignment of	85765
that contract to operate an agency store at the same location. The	85766
division may also consent to the assignment of an existing agency	85767
contract simultaneously with the relocation of the agency store.	85768
In any such assignment or relocation, the assignee and the	85769
location shall be subject to the same requirements that the	85770
existing location met at the time that the contract was first	85771
entered into as well as any additional requirements imposed by the	85772
division in rules adopted by the superintendent of liquor control.	85773
The division shall not consent to an assignment or relocation of	85774
an agency store until it has notified the authorities in control	85775
of the school, church, library, public playground, or township	85776
park and has provided those authorities with an opportunity for a	85777
complete hearing upon the advisability of consenting to the	85778
assignment or relocation.	85779

Any hearing provided for in this division shall be held in	85780
the central office of the division, except that upon written	85781
request of the legislative authority of the municipal corporation,	85782
the board of county commissioners, the board of township trustees,	85783
or the authorities in control of the school, church, library,	85784
public playground, or township park, the hearing shall be held in	85785
the county seat of the county where the proposed agency store is	85786
to be located.	85787

(C) All agency contracts entered into by the division	85788
pursuant to this section shall be in writing and shall contain a	85789
clause providing for the termination of the contract at will by	85790
the division upon its giving ninety days' notice in writing to the	85791
agent of its intention to do so. Any agency contract may include a	85792
clause requiring the agent to report to the appropriate law	85793
enforcement agency the name and address of any individual under	85794
twenty-one years of age who attempts to make an illegal purchase.	85795

An agent may engage in the selling of beer, mixed beverages,	85796
and wine pursuant to permits issued to the agent under Chapter	85797
4303. of the Revised Code.	85798

The division shall issue a C-1 and C-2 permit to each agent	85799
who prior to November 1, 1994, had not been issued both of these	85800
permits, notwithstanding the population quota restrictions	85801
contained in section 4303.29 of the Revised Code or in any rule of	85802
the liquor control commission and notwithstanding the requirements	85803
of section 4303.31 of the Revised Code. The location of a C-1 or	85804
C-2 permit issued to such an agent shall not be transferred. The	85805
division shall revoke any C-1 or C-2 permit issued to an agent	85806
under this paragraph if the agent no longer operates an agency	85807
store.	85808

The division may enter into agreements with the department of	85809
development to implement a minority loan program to provide	85810
low-interest loans to minority business enterprises, as defined in	85811
section 122.71 of the Revised Code, that are awarded liquor agency	85812
contracts or assignments.	85813

(D) If the division closes a state liquor store and replaces	85814
that store with an agency store, any employees of the division	85815
employed at that state liquor store who lose their jobs at that	85816
store as a result shall be given preference by the agent who	85817
operates the agency store in filling any vacancies that occur	85818
among the agent's employees, if that preference does not conflict	85819
with the agent's obligations pursuant to a collective bargaining	85820
agreement.	85821

If the division closes a state liquor store and replaces the	85822
store with an agency store, any employees of the division employed	85823
at the state liquor store who lose their jobs at that store as a	85824
result may displace other employees as provided in sections	85825
124.321 to 124.328 of the Revised Code. If an employee cannot	85826
displace other employees and is laid off, the employee shall be	85827
reinstated in another job as provided in sections 124.321 to	85828
124.328 of the Revised Code, except that the employee's rights of	85829
reinstatement in a job at a state liquor store shall continue for	85830
a period of two years after the date of the employee's layoff and	85831
shall apply to jobs at state liquor stores located in the	85832
employee's layoff jurisdiction and any layoff jurisdiction	85833
adjacent to the employee's layoff jurisdiction.	85834

(E) The division shall require every agent to give bond with	85835
surety to the satisfaction of the division, in the amount the	85836
division fixes, conditioned for the faithful performance of the	85837
agent's duties as prescribed by the division.	85838

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	85839
the Revised Code:	85840

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	85841
fluid ounces.	85842

(2) "Sale" or "sell" includes exchange, barter, gift,	85843
distribution, and, except with respect to A-4 permit holders,	85844
offer for sale.	85845

(B) For the purposes of providing revenues for the support of	85846
the state and encouraging the grape industries in the state, a tax	85847
is hereby levied on the sale or distribution of wine in Ohio,	85848
except for known sacramental purposes, at the rate of thirty cents	85849
per wine gallon for wine containing not less than four per cent of	85850
alcohol by volume and not more than fourteen per cent of alcohol	85851
by volume, ninety-eight cents per wine gallon for wine containing	85852
more than fourteen per cent but not more than twenty-one per cent	85853
of alcohol by volume, one dollar and eight cents per wine gallon	85854
for vermouth, and one dollar and forty-eight cents per wine gallon	85855
for sparkling and carbonated wine and champagne, the tax to be	85856
paid by the holders of A-2 and B-5 permits or by any other person	85857
selling or distributing wine upon which no tax has been paid. From	85858
the tax paid under this section on wine, vermouth, and sparkling	85859
and carbonated wine and champagne, the treasurer of state shall	85860
credit to the Ohio grape industries fund created under section	85861
924.54 of the Revised Code a sum equal to one cent per gallon for	85862
each gallon upon which the tax is paid.	85863

(C) For the purpose of providing revenues for the support of	85864
the state, there is hereby levied a tax on prepared and bottled	85865
highballs, cocktails, cordials, and other mixed beverages at the	85866
rate of one dollar and twenty cents per wine gallon to be paid by	85867
holders of A-4 permits or by any other person selling or	85868
distributing those products upon which no tax has been paid. Only	85869
one sale of the same article shall be used in computing the amount	85870
of tax due. The tax on mixed beverages to be paid by holders of	85871
A-4 permits under this section shall not attach until the	85872
ownership of the mixed beverage is transferred for valuable	85873
consideration to a wholesaler or retailer, and no payment of the	85874
tax shall be required prior to that time.	85875

(D) During the period of July 1, ~~2009~~2011, through June 30,	85876
~~2011~~2013, from the tax paid under this section on wine, vermouth,	85877
and sparkling and carbonated wine and champagne, the treasurer of	85878
state shall credit to the Ohio grape industries fund created under	85879
section 924.54 of the Revised Code a sum equal to two cents per	85880
gallon upon which the tax is paid. The amount credited under this	85881
division is in addition to the amount credited to the Ohio grape	85882
industries fund under division (B) of this section.	85883

(E) For the purpose of providing revenues for the support of	85884
the state, there is hereby levied a tax on cider at the rate of	85885
twenty-four cents per wine gallon to be paid by the holders of A-2	85886
and B-5 permits or by any other person selling or distributing	85887
cider upon which no tax has been paid. Only one sale of the same	85888
article shall be used in computing the amount of the tax due.	85889

Sec. 4301.62. (A) As used in this section:

85890

(1) "Chauffeured limousine" means a vehicle registered under	85891
section 4503.24 of the Revised Code.	85892

(2) "Street," "highway," and "motor vehicle" have the same	85893
meanings as in section 4511.01 of the Revised Code.	85894

(B) No person shall have in the person's possession an opened	85895
container of beer or intoxicating liquor in any of the following	85896
circumstances:	85897

(1) ~~In a state liquor~~Except as provided in division (C) of	85898
this section, in an agency store;	85899

(2) Except as provided in division (C) of this section, on	85900
the premises of the holder of any permit issued by the division of	85901
liquor control;	85902

(3) In any other public place;

85903

(4) Except as provided in division (D) or (E) of this	85904
section, while operating or being a passenger in or on a motor	85905
vehicle on any street, highway, or other public or private	85906
property open to the public for purposes of vehicular travel or	85907
parking;	85908

(5) Except as provided in division (D) or (E) of this	85909
section, while being in or on a stationary motor vehicle on any	85910
street, highway, or other public or private property open to the	85911
public for purposes of vehicular travel or parking.	85912

(C)(1) A person may have in the person's possession an opened	85913
container of any of the following:	85914

(a) Beer or intoxicating liquor that has been lawfully	85915
purchased for consumption on the premises where bought from the	85916
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	85917
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	85918
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or	85919
F-8 permit;	85920

(b) Beer, wine, or mixed beverages served for consumption on	85921
the premises by the holder of an F-3 permit or wine served for	85922
consumption on the premises by the holder of an F-4 or F-6 permit;	85923

(c) Beer or intoxicating liquor consumed on the premises of a	85924
convention facility as provided in section 4303.201 of the Revised	85925
Code;	85926

(d) Beer or intoxicating liquor to be consumed during	85927
tastings and samplings approved by rule of the liquor control	85928
commission;	85929

(e) A tasting sample of spirituous liquor, as defined in	85930
section 4301.17 of the Revised Code, to be consumed in an agency	85931
store.	85932

(2) A person may have in the person's possession on an F	85933
liquor permit premises an opened container of beer or intoxicating	85934
liquor that was not purchased from the holder of the F permit if	85935
the premises for which the F permit is issued is a music festival	85936
and the holder of the F permit grants permission for that	85937
possession on the premises during the period for which the F	85938
permit is issued. As used in this division, "music festival" means	85939
a series of outdoor live musical performances, extending for a	85940
period of at least three consecutive days and located on an area	85941
of land of at least forty acres.	85942

(3)(a) A person may have in the person's possession on a D-2	85943
liquor permit premises an opened or unopened container of wine	85944
that was not purchased from the holder of the D-2 permit if the	85945
premises for which the D-2 permit is issued is an outdoor	85946
performing arts center, the person is attending an orchestral	85947
performance, and the holder of the D-2 permit grants permission	85948
for the possession and consumption of wine in certain	85949
predesignated areas of the premises during the period for which	85950
the D-2 permit is issued.	85951

(b) As used in division (C)(3)(a) of this section:

85952

(i) "Orchestral performance" means a concert comprised of a	85953
group of not fewer than forty musicians playing various musical	85954
instruments.	85955

(ii) "Outdoor performing arts center" means an outdoor	85956
performing arts center that is located on not less than one	85957
hundred fifty acres of land and that is open for performances from	85958
the first day of April to the last day of October of each year.	85959

(4) A person may have in the person's possession an opened or	85960
unopened container of beer or intoxicating liquor at an outdoor	85961
location at which the person is attending an orchestral	85962
performance as defined in division (C)(3)(b)(i) of this section if	85963
the person with supervision and control over the performance	85964
grants permission for the possession and consumption of beer or	85965
intoxicating liquor in certain predesignated areas of that outdoor	85966
location.	85967

(5) A person may have in the person's possession on an F-9	85968
liquor permit premises an opened or unopened container of beer or	85969
intoxicating liquor that was not purchased from the holder of the	85970
F-9 permit if the person is attending an orchestral performance	85971
and the holder of the F-9 permit grants permission for the	85972
possession and consumption of beer or intoxicating liquor in	85973
certain predesignated areas of the premises during the period for	85974
which the F-9 permit is issued.	85975

As used in division (C)(5) of this section, "orchestral	85976
performance" has the same meaning as in division (C)(3)(b) of this	85977
section.	85978

(D) This section does not apply to a person who pays all or a	85979
portion of the fee imposed for the use of a chauffeured limousine	85980
pursuant to a prearranged contract, or the guest of the person,	85981
when all of the following apply:	85982

(1) The person or guest is a passenger in the limousine.

85983

(2) The person or guest is located in the limousine, but is	85984
not occupying a seat in the front compartment of the limousine	85985
where the operator of the limousine is located.	85986

(3) The limousine is located on any street, highway, or other	85987
public or private property open to the public for purposes of	85988
vehicular travel or parking.	85989

(E) An opened bottle of wine that was purchased from the	85990
holder of a permit that authorizes the sale of wine for	85991
consumption on the premises where sold is not an opened container	85992
for the purposes of this section if both of the following apply:	85993

(1) The opened bottle of wine is securely resealed by the	85994
permit holder or an employee of the permit holder before the	85995
bottle is removed from the premises. The bottle shall be secured	85996
in such a manner that it is visibly apparent if the bottle has	85997
been subsequently opened or tampered with.	85998

(2) The opened bottle of wine that is resealed in accordance	85999
with division (E)(1) of this section is stored in the trunk of a	86000
motor vehicle or, if the motor vehicle does not have a trunk,	86001
behind the last upright seat or in an area not normally occupied	86002
by the driver or passengers and not easily accessible by the	86003
driver.	86004

Sec. 4301.80. (A) As used in this section, "community	86005
entertainment district" means a bounded area that includes or will	86006
include a combination of entertainment, retail, educational,	86007
sporting, social, cultural, or arts establishments within close	86008
proximity to some or all of the following types of establishments	86009
within the district, or other types of establishments similar to	86010
these:	86011

(1) Hotels;

86012

(2) Restaurants;

86013

(3) Retail sales establishments;

86014

(4) Enclosed shopping centers;

86015

(5) Museums;

86016

(6) Performing arts theaters;

86017

(7) Motion picture theaters;

86018

(8) Night clubs;

86019

(9) Convention facilities;

86020

(10) Sports facilities;

86021

(11) Entertainment facilities or complexes;

86022

(12) Any combination of the establishments described in	86023
division (A)(1) to (11) of this section that provide similar	86024
services to the community.	86025

(B) Any owner of property located in a municipal corporation	86026
seeking to have that property, or that property and other	86027
surrounding property, designated as a community entertainment	86028
district shall file an application seeking this designation with	86029
the mayor of the municipal corporation in which that property is	86030
located. Any owner of property located in the unincorporated area	86031
of a township seeking to have that property, or that property and	86032
other surrounding property, designated as a community	86033
entertainment district shall file an application seeking this	86034
designation with the board of township trustees of the township in	86035
whose unincorporated area that property is located. An application	86036
to designate an area as a community entertainment district shall	86037
contain all of the following:	86038

(1) The applicant's name and address;

86039

(2) A map or survey of the proposed community entertainment	86040
district in sufficient detail to identify the boundaries of the	86041
district and the property owned by the applicant;	86042

(3) A general statement of the nature and types of	86043
establishments described in division (A) of this section that are	86044
or will be located within the proposed community improvement	86045
district and any other establishments located in the proposed	86046
community entertainment district that are not described in	86047
division (A) of this section;	86048

(4) If some or all of the establishments within the proposed	86049
community entertainment district have not yet been developed, the	86050
proposed time frame for completing the development of these	86051
establishments;	86052

(5) Evidence that the uses of land within the proposed	86053
community entertainment district are in accord with the municipal	86054
corporation's or township's master zoning plan or map;	86055

(6) A certificate from a surveyor or engineer licensed under	86056
Chapter 4733. of the Revised Code indicating that the area	86057
encompassed by the proposed community entertainment district	86058
contains no less than twenty contiguous acres;	86059

(7) A handling and processing fee to accompany the	86060
application, payable to the applicable municipal corporation or	86061
township, in an amount determined by that municipal corporation or	86062
township.	86063

(C) An application described in division (B) of this section	86064
relating to an area located in a municipal corporation shall be	86065
addressed and submitted to the mayor of the municipal corporation	86066
in which the area described in the application is located. The	86067
mayor, within thirty days after receiving the application, shall	86068
submit the application with the mayor's recommendation to the	86069
legislative authority of the municipal corporation. An application	86070
described in division (B) of this section relating to an area	86071
located in the unincorporated area of a township shall be	86072
addressed and submitted to the board of township trustees of the	86073
township in whose unincorporated area the area described in the	86074
application is located. The application is a public record for	86075
purposes of section 149.43 of the Revised Code upon its receipt by	86076
the mayor or board of township trustees.	86077

Within thirty days after it receives the application and the	86078
mayor's recommendations relating to the application, the	86079
legislative authority of the municipal corporation, by notice	86080
published once a week for two consecutive weeks in ~~at least~~ one	86081
newspaper of general circulation in the municipal corporation or	86082
as provided in section 7.16 of the Revised Code, shall notify the	86083
public that the application is on file in the office of the clerk	86084
of the municipal corporation and is available for inspection by	86085
the public during regular business hours. Within thirty days after	86086
it receives the application, the board of township trustees, by	86087
notice published once a week for two consecutive weeks in ~~at least~~	86088
one newspaper of general circulation in the township or as	86089
provided in section 7.16 of the Revised Code, shall notify the	86090
public that the application is on file in the office of the	86091
township fiscal officer and is available for inspection by the	86092
public during regular business hours. The notice shall also	86093
indicate the date and time of any public hearing by the	86094
legislative authority or board of township trustees on the	86095
application.	86096

Within seventy-five days after the date the application is	86097
filed with the mayor of a municipal corporation, the legislative	86098
authority of the municipal corporation by ordinance or resolution	86099
shall approve or disapprove the application based on whether the	86100
proposed community entertainment district does or will	86101
substantially contribute to entertainment, retail, educational,	86102
sporting, social, cultural, or arts opportunities for the	86103
community. The community considered shall at a minimum include the	86104
municipal corporation in which the community is located. Any	86105
approval of an application shall be by an affirmative majority	86106
vote of the legislative authority.	86107

Within seventy-five days after the date the application is	86108
filed with a board of township trustees, the board by resolution	86109
shall approve or disapprove the application based on whether the	86110
proposed community entertainment district does or will	86111
substantially contribute to entertainment, retail, educational,	86112
sporting, social, cultural, or arts opportunities for the	86113
community. The community considered shall at a minimum include the	86114
township in which the community is located. Any approval of an	86115
application shall be by an affirmative majority vote of the board	86116
of township trustees.	86117

If the legislative authority or board of township trustees	86118
disapproves the application, the applicant may make changes in the	86119
application to secure its approval by the legislative authority or	86120
board of township trustees. Any area approved by the legislative	86121
authority or board of township trustees constitutes a community	86122
entertainment district, and a local option election may be	86123
conducted in the district, as a type of community facility, under	86124
section 4301.356 of the Revised Code.	86125

(D) All or part of an area designated as a community	86126
entertainment district may lose this designation as provided in	86127
this division. The legislative authority of a municipal	86128
corporation in which a community entertainment district is	86129
located, or the board of township trustees of the township in	86130
whose unincorporated area a community entertainment district is	86131
located, after giving notice of its proposed action by publication	86132
once a week for two consecutive weeks in ~~at least~~ one newspaper of	86133
general circulation in the municipal corporation or township or as	86134
provided in section 7.16 of the Revised Code, may determine by	86135
ordinance or resolution in the case of the legislative authority	86136
of a municipal corporation, or by resolution in the case of a	86137
board of township trustees of a township, that all or part of the	86138
area fails to meet the standards described in this section for	86139
designation of an area as a community entertainment district. If	86140
the legislative authority or board so determines, the area	86141
designated in the ordinance or resolution no longer constitutes a	86142
community entertainment district.	86143

Sec. 4301.81. (A) As used in this section:

86144

(1) "Revitalization district" means a bounded area that	86145
includes or will include a combination of entertainment, retail,	86146
educational, sporting, social, cultural, or arts establishments	86147
within close proximity to some or all of the following types of	86148
establishments within the district, or other types of	86149
establishments similar to these:	86150

(a) Hotels;

86151

(b) Restaurants;

86152

86153

(d) Enclosed shopping centers;

86154

(e) Museums;

86155

(f) Performing arts theaters;

86156

(g) Motion picture theaters;

86157

(h) Night clubs;

86158

(i) Convention facilities;

86159

(j) Sports facilities;

86160

(k) Entertainment facilities or complexes;

86161

(l) Any combination of the establishments described in	86162
divisions (A)(1)(a) to (k) of this section that provide similar	86163
services to the community.	86164

(2) "Municipal corporation" means a municipal corporation	86165
with a population of less than one hundred thousand.	86166

(3) "Township" means a township with a population in its	86167
unincorporated area of less than one hundred thousand.	86168

(B) Any owner of property located in a municipal corporation	86169
seeking to have that property, or that property and other	86170
surrounding property, designated as a revitalization district	86171
shall file an application seeking this designation with the mayor	86172
of the municipal corporation in which that property is located.	86173
Any owner of property located in the unincorporated area of a	86174
township seeking to have that property, or that property and other	86175
surrounding property, designated as a revitalization district	86176
shall file an application seeking this designation with the board	86177
of township trustees of the township in whose unincorporated area	86178
that property is located. An application to designate an area as a	86179
revitalization district shall contain all of the following:	86180

(1) The applicant's name and address;

86181

(2) A map or survey of the proposed revitalization district	86182
in sufficient detail to identify the boundaries of the district	86183
and the property owned by the applicant;	86184

(3) A general statement of the nature and types of	86185
establishments described in division (A) of this section that are	86186
or will be located within the proposed revitalization district and	86187
any other establishments located in the proposed revitalization	86188
district that are not described in division (A) of this section;	86189

(4) If some or all of the establishments within the proposed	86190
revitalization district have not yet been developed, the proposed	86191
time frame for completing the development of these establishments;	86192

(5) Evidence that the uses of land within the proposed	86193
revitalization district are in accord with the municipal	86194
corporation's or township's master zoning plan or map; and	86195

(6) A handling and processing fee to accompany the	86196
application, payable to the applicable municipal corporation or	86197
township, in an amount determined by that municipal corporation or	86198
township.	86199

(C) An application relating to an area located in a municipal	86200
corporation shall be addressed and submitted to the mayor of the	86201
municipal corporation in which the area described in the	86202
application is located. The mayor, within thirty days after	86203
receiving the application, shall submit the application with the	86204
mayor's recommendation to the legislative authority of the	86205
municipal corporation. An application relating to an area located	86206
in the unincorporated area of a township shall be addressed and	86207
submitted to the board of township trustees of the township in	86208
whose unincorporated area the area described in the application is	86209
located. The application is a public record for purposes of	86210
section 149.43 of the Revised Code upon its receipt by the mayor	86211
or board of township trustees.	86212

Within thirty days after it receives the application and the	86213
mayor's recommendations relating to the application, the	86214
legislative authority of the municipal corporation, by notice	86215
published once a week for two consecutive weeks in ~~at least~~ one	86216
newspaper of general circulation in the municipal corporation or	86217
as provided in section 7.16 of the Revised Code, shall notify the	86218
public that the application is on file in the office of the clerk	86219
of the municipal corporation and is available for inspection by	86220
the public during regular business hours. Within thirty days after	86221
it receives the application, the board of township trustees, by	86222
notice published once a week for two consecutive weeks in ~~at least~~	86223
one newspaper of general circulation in the township or as	86224
provided in section 7.16 of the Revised Code, shall notify the	86225
public that the application is on file in the office of the	86226
township fiscal officer and is available for inspection by the	86227
public during regular business hours. The notice shall also	86228
indicate the date and time of any public hearing by the municipal	86229
legislative authority or board of township trustees on the	86230
application.	86231

Within seventy-five days after the date the application is	86232
filed with the mayor of a municipal corporation, the legislative	86233
authority of the municipal corporation by ordinance or resolution	86234
shall approve or disapprove the application based on whether the	86235
proposed revitalization district does or will substantially	86236
contribute to entertainment, retail, educational, sporting,	86237
social, cultural, or arts opportunities for the community. The	86238
community considered shall at a minimum include the municipal	86239
corporation in which the community is located. Any approval of an	86240
application shall be by an affirmative majority vote of the	86241
legislative authority. Not more than one revitalization district	86242
shall be designated within the municipal corporation.	86243

Within seventy-five days after the date the application is	86244
filed with a board of township trustees, the board by resolution	86245
shall approve or disapprove the application based on whether the	86246
proposed revitalization district does or will substantially	86247
contribute to entertainment, retail, educational, sporting,	86248
social, cultural, or arts opportunities for the community. The	86249
community considered shall at a minimum include the township in	86250
which the community is located. Any approval of an application	86251
shall be by an affirmative majority vote of the board of township	86252
trustees. Not more than one revitalization district shall be	86253
designated within the unincorporated area of the township.	86254

If the municipal legislative authority or board of township	86255
trustees disapproves the application, the applicant may make	86256
changes in the application to secure its approval by the	86257
legislative authority or board of township trustees. Any area	86258
approved by the legislative authority or board of township	86259
trustees constitutes a revitalization district, and a local option	86260
election may be conducted in the district, as a type of community	86261
facility, under section 4301.356 of the Revised Code.	86262

(D) All or part of an area designated as a revitalization	86263
district may lose this designation as provided in this division.	86264
The legislative authority of a municipal corporation in which a	86265
revitalization district is located, or the board of township	86266
trustees of the township in whose unincorporated area a	86267
revitalization district is located, after giving notice of its	86268
proposed action by publication once a week for two consecutive	86269
weeks in ~~at least~~ one newspaper of general circulation in the	86270
municipal corporation or township or as provided in section 7.16	86271
of the Revised Code, may determine by ordinance or resolution in	86272
the case of the legislative authority of a municipal corporation,	86273
or by resolution in the case of a board of township trustees of a	86274
township, that all or part of the area fails to meet the standards	86275
described in this section for designation of an area as a	86276
revitalization district. If the legislative authority or board so	86277
determines, the area designated in the ordinance or resolution no	86278
longer constitutes a revitalization district.	86279

Sec. 4303.02. Permit A-1 may be issued to a manufacturer to	86280
manufacture beer and sell beer products in bottles or containers	86281
for home use and to retail and wholesale permit holders under	86282
rules ~~promulgated~~adopted by the division of liquor control. In	86283
addition, an A-1 permit holder may sell beer and beer products	86284
manufactured on the premises at retail, by individual drink in a	86285
glass or from a container, for consumption on the premises where	86286
sold. The fee for this permit is three thousand nine hundred six	86287
dollars for each plant during the year covered by the permit.	86288

Sec. 4303.209. (A)(1) The division of liquor control may	86289
issue an F-9 permit to a nonprofit corporation that operates a	86290
park on property leased from a municipal corporation or a	86291
nonprofit corporation that provides or manages entertainment	86292
programming pursuant to an agreement with a nonprofit corporation	86293
that operates a park on property leased from a municipal	86294
corporation to sell beer or intoxicating liquor by the individual	86295
drink at specific events conducted within the park property and	86296
appurtenant streets, but only if, and only at times at which, the	86297
sale of beer and intoxicating liquor on the premises is otherwise	86298
permitted by law. Additionally, an F-9 permit may be issued only	86299
if the park property is located in a county that has a population	86300
of between one million one hundred thousand and one million two	86301
hundred thousand on the effective date of this section.	86302

(2) The division may issue separate F-9 permits to a	86303
nonprofit corporation that operates a park on property leased from	86304
a municipal corporation and a nonprofit corporation that provides	86305
or manages entertainment programming pursuant to an agreement with	86306
a nonprofit corporation that operates a park on property leased	86307
from a municipal corporation to be effective during the same time	86308
period. However, the permit privileges may be exercised by only	86309
one of the holders of an F-9 permit at specific events. The other	86310
holder of an F-9 permit shall certify to the division that it will	86311
not exercise its permit privileges during that specific event.	86312

(3) The premises on which an F-9 permit will be used shall be	86313
clearly defined and sufficiently restricted to allow proper	86314
supervision of the permit's use by state and local law enforcement	86315
officers. Sales under an F-9 permit shall be confined to the same	86316
hours permitted to the holder of a D-3 permit.	86317

(4) The fee for an F-9 permit is one thousand seven hundred	86318
dollars. An F-9 permit is effective for a period not to exceed	86319
nine months as specified in the permit. An F-9 permit is not	86320
transferable or renewable. However, the holder of an F-9 permit	86321
may apply for a new F-9 permit at any time. The holder of an F-9	86322
permit shall make sales only at those specific events about which	86323
the permit holder has notified in advance the division of liquor	86324
control, the department of public safety, and the chief, sheriff,	86325
or other principal peace officer of the local law enforcement	86326
agencies having jurisdiction over the premises.	86327

(B)(1) An application for the issuance of an F-9 permit is	86328
subject to the notice and hearing requirements established in	86329
division (A) of section 4303.26 of the Revised Code.	86330

(2) The liquor control commission shall adopt rules under	86331
Chapter 119. of the Revised Code necessary to administer this	86332
section.	86333

(C) No F-9 permit holder shall sell beer or intoxicating	86334
liquor beyond the hours of sale allowed by the permit. This	86335
division imposes strict liability on the holder of an F-9 permit	86336
and on any officer, agent, or employee of that permit holder.	86337

Sec. 4313.01. As used in this chapter:

86338

(A) "Enterprise acquisition project" means, as applicable,	86339
all or any portion of the capital or other assets of the	86340
spirituous liquor distribution and merchandising operations of the	86341
division of liquor control, including, without limitation,	86342
inventory, real property rights, equipment, furnishings, the	86343
spirituous liquor distribution system including transportation,	86344
the monetary management system, warehouses, contract rights,	86345
rights to take assignment of contracts and related receipts and	86346
revenues, accounts receivable, the exclusive right to manage and	86347
control spirituous liquor distribution and merchandising and to	86348
sell spirituous liquor in the state subject to the control of the	86349
division of liquor control pursuant to the terms of the transfer	86350
agreement, and all necessary appurtenances thereto, or leasehold	86351
interests therein, and the assets and liabilities of the	86352
facilities establishment fund.	86353

(B) "JobsOhio" means the nonprofit corporation formed under	86354
section 187.01 of the Revised Code and includes any subsidiary of	86355
that corporation unless otherwise specified or clearly implied	86356
from the context, together with any successor or assignee of that	86357
corporation or any such subsidiary if and to the extent permitted	86358
by the transfer agreement or Chapter 187. of the Revised Code.	86359

(C) "Spirituous liquor profits" means all receipts	86360
representing the gross profit on the sale of spirituous liquor, as	86361
referred to in division (B)(4) of section 4301.10 of the Revised	86362
Code, less the costs, expenses, and working capital provided for	86363
therein, but excluding the sum required by the second paragraph of	86364
section 4301.12 of the Revised Code, as in effect on May 2, 1980,	86365
to be paid into the state treasury, provided that from and after	86366
the initial transfer of the enterprise acquisition project to	86367
JobsOhio and until the transfer back to the state under division	86368
(D) of section 4313.02 of the Revised Code, the reference in	86369
division (B)(4) of section 4301.10 of the Revised Code to all	86370
costs and expenses of the division and also an adequate working	86371
capital reserve for the division shall be to all costs and	86372
expenses of JobsOhio and providing an adequate working capital	86373
reserve for JobsOhio.	86374

(D) "Transfer" means an assignment and sale, conveyance,	86375
granting of a franchise, lease, or transfer of all or an interest.	86376

(E) "Transfer agreement" means the agreement entered into	86377
between the state and JobsOhio providing for the transfer of the	86378
enterprise acquisition project pursuant to section 4313.02 of the	86379
Revised Code and any amendments or supplements thereto.	86380

Sec. 4313.02. (A) The state may transfer to JobsOhio, and	86381
JobsOhio may accept the transfer of, all or a portion of the	86382
enterprise acquisition project for a transfer price payable by	86383
JobsOhio to the state. Any such transfer shall be treated as an	86384
absolute conveyance and true sale of the interest in the	86385
enterprise acquisition project purported to be conveyed for all	86386
purposes, and not as a pledge or other security interest. The	86387
characterization of any such transfer as a true sale and absolute	86388
conveyance shall not be negated or adversely affected by the	86389
acquisition or retention by the state of a residual or	86390
reversionary interest in the enterprise acquisition project, the	86391
participation of any state officer or employee as a member or	86392
officer of JobsOhio or any subsidiary of JobsOhio, any regulatory	86393
responsibility of an officer or employee of the state, including	86394
the authority to collect amounts to be received in connection	86395
therewith, or the retention of the state of any legal title to or	86396
interest in any portion of the enterprise acquisition project for	86397
the purpose of regulatory activities. An absolute conveyance and	86398
true sale or lease shall exist under this section regardless of	86399
whether JobsOhio has any recourse against the state or the	86400
treatment or characterization of the transfer as a financing for	86401
any purpose. Upon and following the transfer, the state shall not	86402
have any right, title, or interest in the enterprise acquisition	86403
project so transferred other than any residual interest that may	86404
be described in the transfer agreement pursuant to the following	86405
paragraph and division (D) of this section. Any determination of	86406
the fair market value of the enterprise acquisition project	86407
reflected in the transfer agreement shall be conclusive and	86408
binding on the state and JobsOhio.	86409

Any transfer of the enterprise acquisition project that is a	86410
lease or grant of a franchise shall be for a term not to exceed	86411
twenty-five years. Any transfer of the enterprise acquisition	86412
project that is an assignment and sale, conveyance, or other	86413
transfer shall contain a provision that the state shall have the	86414
option to have conveyed or transferred back to it, at no cost, the	86415
enterprise acquisition project, as it then exists, no later than	86416
twenty-five years after the original transfer authorized in the	86417
transfer agreement on such other terms as shall be provided in the	86418
transfer agreement.	86419

The exercise of the powers granted by this section will be	86420
for the benefit of the people of the state. All or any portion of	86421
the enterprise acquisition project transferred pursuant to the	86422
transfer agreement that would be exempt from real property taxes	86423
or assessments or real property taxes or assessments in the	86424
absence of such transfer shall, as it may from time to time exist	86425
thereafter, remain exempt from real property taxes or assessments	86426
levied by the state and its subdivisions to the same extent as if	86427
not transferred. The gross receipts and income of JobsOhio derived	86428
from the enterprise acquisition project shall be exempt from	86429
taxation levied by the state and its subdivisions, including, but	86430
not limited to, the taxes levied pursuant to Chapters 718., 5739.,	86431
5741., 5747., and 5751. of the Revised Code. Any transfer from the	86432
state to JobsOhio of the enterprise acquisition project, or item	86433
included or to be included in the project, shall be exempt from	86434
the taxes levied pursuant to Chapters 5739. and 5741. of the	86435
Revised Code.	86436

(B) The proceeds of any transfer under division (A) of this	86437
section may be expended as provided in the transfer agreement for	86438
any one or more of the following purposes:	86439

(1) Funding, payment, or defeasance of outstanding bonds	86440
issued pursuant to Chapters 151. and 166. of the Revised Code and	86441
secured by pledged liquor profits as defined in section 151.40 of	86442
the Revised Code;	86443

(2) Deposit into the general revenue fund;

86444

(3) Deposit into the clean Ohio revitalization fund created	86445
pursuant to section 122.658 of the Revised Code, the innovation	86446
Ohio loan fund created pursuant to section 166.16 of the Revised	86447
Code, the research and development loan fund created pursuant to	86448
section 166.20 of the Revised Code, the logistics and distribution	86449
infrastructure fund created pursuant to section 166.26 of the	86450
Revised Code, the advanced energy research and development fund	86451
created pursuant to section 3706.27 of the Revised Code, and the	86452
advanced energy research and development taxable fund created	86453
pursuant to section 3706.27 of the Revised Code;	86454

(4) Conveyance to JobsOhio for the purposes for which it was	86455
created.	86456

(C)(1) The state may covenant, pledge, and agree in the	86457
transfer agreement, with and for the benefit of JobsOhio, that it	86458
shall maintain statutory authority for the enterprise acquisition	86459
project and the revenues of the enterprise acquisition project and	86460
not otherwise materially impair any obligations supported by a	86461
pledge of revenues of the enterprise acquisition project. The	86462
transfer agreement may provide or authorize the manner for	86463
determining material impairment of the security for any such	86464
outstanding obligations, including by assessing and evaluating the	86465
revenues of the enterprise acquisition project.	86466

(2) The director of budget and management, in consultation	86467
with the director of commerce, may, without need for any other	86468
approval, negotiate terms of any documents, including the transfer	86469
agreement, necessary to effect the transfer and the acceptance of	86470
the transfer of the enterprise acquisition project. The director	86471
of commerce shall execute the transfer agreement on behalf of the	86472
state. The director of budget and management may also, without	86473
need for any other approval, retain or contract for the services	86474
of commercial appraisers, underwriters, investment bankers, and	86475
financial advisers, as are necessary in the judgment of the	86476
director of budget and management to effect the transfer	86477
agreement. Any transfer agreement may contain terms and conditions	86478
established by the state to carry out and effectuate the purposes	86479
of this section, including, without limitation, covenants binding	86480
the state in favor of JobsOhio. Any such transfer agreement shall	86481
be sufficient to effectuate the transfer without regard to any	86482
other laws governing other property sales or financial	86483
transactions by the state. The director of budget and management	86484
may create any funds or accounts, within or without the state	86485
treasury, as are needed for the transactions and activities	86486
authorized by this section.	86487

(3) The transfer agreement may authorize JobsOhio, in the	86488
ordinary course of doing business, to convey, lease, release, or	86489
otherwise dispose of any regular inventory or tangible personal	86490
property. Ownership of the interest in the enterprise acquisition	86491
project that is transferred to JobsOhio under this section and the	86492
transfer agreement shall be maintained in JobsOhio or a nonprofit	86493
entity the sole member of which is JobsOhio until the enterprise	86494
acquisition project is transferred back to the state pursuant to	86495
the second paragraph of division (A) and division (D) of this	86496
section.	86497

(D) The transfer agreement may authorize JobsOhio to fix,	86498
alter, and collect rentals and other charges for the use and	86499
occupancy of all or any portion of the enterprise acquisition	86500
project and to lease any portion of the enterprise acquisition	86501
project to the state, and shall include a contract with, or the	86502
granting of an option to, the state to have the enterprise	86503
acquisition project, as it then exists, transferred back to it	86504
without charge in accordance with the terms of the transfer	86505
agreement after retirement or redemption, or provision therefor,	86506
of all obligations supported by a pledge of spirituous liquor	86507
profits.	86508

(E) JobsOhio, the director of budget and management, and the	86509
director of commerce shall, subject to approval by the controlling	86510
board, enter into a contract, which may be part of the transfer	86511
agreement, for the continuing operation by the division of liquor	86512
control of spirituous liquor distribution and merchandising	86513
subject to standards for performance provided in that contract	86514
that may relate to or support division (C)(1) of this section. The	86515
contract shall establish other terms and conditions for the	86516
assignment of duties to, and the provision of advice, services,	86517
and other assistance by, the division of liquor control, including	86518
providing for the necessary staffing and payment by JobsOhio of	86519
appropriate compensation to the division for the performance of	86520
such duties and the provision of such advice, services, and other	86521
assistance. The division of liquor control shall manage and	86522
actively supervise the activities required or authorized under	86523
sections 4301.10 and 4301.17 of the Revised Code as those sections	86524
exist on the effective date of this section, including, but not	86525
limited to, controlling the traffic in beer and intoxicating	86526
liquor in this state and fixing the wholesale and retail prices at	86527
which the various classes, varieties, and brands of spirituous	86528
liquor are sold.	86529

(F) The transfer agreement shall require JobsOhio to pay for	86530
the operations of the division of liquor control with regard to	86531
the spirituous liquor merchandising operations of the division.	86532
The payments from JobsOhio shall be deposited into the state	86533
treasury to the credit of the liquor control fund created in	86534
section 4301.12 of the Revised Code.	86535

(G) The transaction and transfer provided for under this	86536
section shall comply with all applicable provisions of the Ohio	86537
Constitution.	86538

Sec. 4503.03. (A)(1)(a) The registrar of motor vehicles may	86539
designate the county auditor in each county a deputy registrar. If	86540
the population of a county is forty thousand or less according to	86541
the last federal census and if the county auditor is designated by	86542
the registrar as a deputy registrar, no other person need be	86543
designated in the county to act as a deputy registrar.	86544

(b) The registrar may designate a clerk of a court of common	86545
pleas as a deputy registrar if the population of the county is	86546
forty thousand or less according to the last federal census. In a	86547
county with a population greater than forty thousand but not more	86548
than fifty thousand according to the last federal census, the	86549
clerk of a court of common pleas is eligible to act as a deputy	86550
registrar and may participate in the competitive selection process	86551
for the award of a deputy registrar contract by applying in the	86552
same manner as any other person. All fees collected and retained	86553
by a clerk for conducting deputy registrar services shall be paid	86554
into the county treasury to the credit of the certificate of title	86555
administration fund created under section 325.33 of the Revised	86556
Code.	86557

(c) In all other instances, the registrar shall contract with	86558
one or more other persons in each county to act as deputy	86559
registrars. Notwithstanding the county population restrictions in	86560
division (A)(1)(b) of this section, if no person applies to act	86561
under contract as a deputy registrar in a county and the county	86562
auditor is not designated as a deputy registrar, the registrar may	86563
ask the clerk of a court of common pleas to serve as the deputy	86564
registrar for that county.	86565

(2) Deputy registrars shall accept applications for the	86566
annual license tax for any vehicle not taxed under section 4503.63	86567
of the Revised Code and shall assign distinctive numbers in the	86568
same manner as the registrar. Such deputies shall be located in	86569
such locations in the county as the registrar sees fit. There	86570
shall be at least one deputy registrar in each county.	86571

Deputy registrar contracts are subject to the provisions of	86572
division (B) of section 125.081 of the Revised Code.	86573

(B) The registrar shall not contract with any person to act	86574
as a deputy registrar if the person or, where applicable, the	86575
person's spouse or a member of the person's immediate family has	86576
made, within the current calendar year or any one of the previous	86577
three calendar years, one or more contributions totaling in excess	86578
of one hundred dollars to any person or entity included in	86579
division (A)(2) of section 4503.033 of the Revised Code. As used	86580
in this division, "immediate family" has the same meaning as in	86581
division (D) of section 102.01 of the Revised Code, and "entity"	86582
includes any political party and any "continuing association" as	86583
defined in division (B)(4) of section 3517.01 of the Revised Code	86584
or "political action committee" as defined in division (B)(8) of	86585
that section that is primarily associated with that political	86586
party. For purposes of this division, contributions to any	86587
continuing association or any political action committee that is	86588
primarily associated with a political party shall be aggregated	86589
with contributions to that political party.	86590

The contribution limitations contained in this division do	86591
not apply to any county auditor or clerk of a court of common	86592
pleas. A county auditor or clerk of a court of common pleas is not	86593
required to file the disclosure statement or pay the filing fee	86594
required under section 4503.033 of the Revised Code. The	86595
limitations of this division also do not apply to a deputy	86596
registrar who, subsequent to being awarded a deputy registrar	86597
contract, is elected to an office of a political subdivision.	86598

The registrar shall not contract with either of the following	86599
to act as a deputy registrar:	86600

(1) Any elected public official other than a county auditor	86601
or, as authorized by division (A)(1)(b) of this section, a clerk	86602
of a court of common pleas, acting in an official capacity, except	86603
that, the registrar shall continue and may renew a contract with	86604
any deputy registrar who, subsequent to being awarded a deputy	86605
registrar contract, is elected to an office of a political	86606
subdivision;	86607

(2) Any person holding a current, valid contract to conduct	86608
motor vehicle inspections under section 3704.14 of the Revised	86609
Code.	86610

As used in division (B) of this section, "political	86611
subdivision" has the same meaning as in section 3501.01 of the	86612
Revised Code.	86613

(C)(1) Except as provided in division (C)(2) of this section,	86614
deputy registrars are independent contractors and neither they nor	86615
their employees are employees of this state, except that nothing	86616
in this section shall affect the status of county auditors or	86617
clerks of courts of common pleas as public officials, nor the	86618
status of their employees as employees of any of the counties of	86619
this state, which are political subdivisions of this state. Each	86620
deputy registrar shall be responsible for the payment of all	86621
unemployment compensation premiums, all workers' compensation	86622
premiums, social security contributions, and any and all taxes for	86623
which the deputy registrar is legally responsible. Each deputy	86624
registrar shall comply with all applicable federal, state, and	86625
local laws requiring the withholding of income taxes or other	86626
taxes from the compensation of the deputy registrar's employees.	86627
Each deputy registrar shall maintain during the entire term of the	86628
deputy registrar's contract a policy of business liability	86629
insurance satisfactory to the registrar and shall hold the	86630
department of public safety, the director of public safety, the	86631
bureau of motor vehicles, and the registrar harmless upon any and	86632
all claims for damages arising out of the operation of the deputy	86633
registrar agency.	86634

(2) For purposes of Chapter 4141. of the Revised Code,	86635
determinations concerning the employment of deputy registrars and	86636
their employees shall be made under Chapter 4141. of the Revised	86637
Code.	86638

(D)(1) With the approval of the director, the registrar shall	86639
adopt rules governing the terms of the contract between the	86640
registrar and each deputy registrar and specifications for the	86641
services to be performed. The rules shall include specifications	86642
relating to the amount of bond to be given as provided in this	86643
section; the size and location of the deputy's office; and the	86644
leasing of equipment necessary to conduct the vision screenings	86645
required under section 4507.12 of the Revised Code and training in	86646
the use of the equipment. The specifications shall permit and	86647
encourage every deputy registrar to inform the public of the	86648
location of the deputy registrar's office and hours of operation	86649
by means of public service announcements and allow any deputy	86650
registrar to advertise in regard to the operation of the deputy	86651
registrar's office. The rules also shall include specifications	86652
for the hours the deputy's office is to be open to the public and	86653
shall require as a minimum that one deputy's office in each county	86654
be open to the public for at least four hours each weekend,	86655
provided that if only one deputy's office is located within the	86656
boundary of the county seat, that office is the office that shall	86657
be open for the four-hour period each weekend, and that every	86658
deputy's office in each county shall be open to the public until	86659
six-thirty p.m. on at least one weeknight each week. The rules	86660
also shall include specifications providing that every deputy in	86661
each county, upon request, provide any person with information	86662
about the location and office hours of all deputy registrars in	86663
the county and that every deputy prominently display within the	86664
deputy's office, the toll-free telephone number of the bureau. The	86665
rules shall not prohibit the award of a deputy registrar contract	86666
to a nonprofit corporation formed under the laws of this state.	86667
The rules shall prohibit any deputy registrar from operating more	86668
than one such office at any time, except that the rules may permit	86669
a nonprofit corporation formed for the purposes of providing	86670
automobile-related services to its members or the public and that	86671
provides such services from more than one location in this state	86672
to operate a deputy registrar office at any such location,	86673
provided that the nonprofit corporation operates no more than one	86674
deputy registrar office in any one county. The rules may include	86675
such other specifications as the registrar and director consider	86676
necessary to provide a high level of service.	86677

~~The rules shall establish procedures for a deputy registrar~~	86678
~~who requests such authority to collect reinstatement fees under~~	86679
~~sections 4507.1612, 4507.45, 4509.101, 4509.81, 4510.10, 4510.22,~~	86680
~~4510.72, and 4511.191 of the Revised Code and to transmit the~~	86681
~~reinstatement fees and two dollars of the service fee collected~~	86682
~~under those sections. The registrar shall ensure that, not later~~	86683
~~than January 1, 2012, at least one deputy registrar in each county~~	86684
~~has the necessary equipment and is able to accept reinstatement~~	86685
~~fees. The registrar shall deposit the service fees received from a~~	86686
~~deputy registrar under those sections into the state bureau of~~	86687
~~motor vehicles fund created in section 4501.25 of the Revised Code~~	86688
~~and shall use the money for deputy registrar equipment necessary~~	86689
~~in connection with accepting reinstatement fees.~~	86690

(2) As a daily adjustment, the bureau of motor vehicles shall	86691
credit to a deputy registrar three dollars and fifty cents for	86692
each damaged license plate or validation sticker the deputy	86693
registrar replaces as a service to a member of the public.	86694

(3) With the prior approval of the registrar, each deputy	86695
registrar may conduct at the location of the deputy registrar's	86696
office any business that is consistent with the functions of a	86697
deputy registrar and that is not specifically mandated or	86698
authorized by this or another chapter of the Revised Code or by	86699
implementing rules of the registrar.	86700

In accordance with guidelines the director of public safety	86701
shall establish, a deputy registrar may operate or contract for	86702
the operation of a vending machine at a deputy registrar location	86703
if products of the vending machine are consistent with the	86704
functions of a deputy registrar.	86705

(4) As used in this section and in section 4507.01 of the	86706
Revised Code, "nonprofit corporation" has the same meaning as in	86707
section 1702.01 of the Revised Code.	86708

(E) Unless otherwise terminated and except for interim	86709
contracts of less than one year, contracts with deputy registrars	86710
shall be for a term of at least two years, but no more than three	86711
years, and all contracts effective on or after July 1, 1996, shall	86712
be for a term of more than two years, but not more than three	86713
years. All contracts with deputy registrars shall expire on the	86714
last Saturday of June in the year of their expiration. The auditor	86715
of state may examine the accounts, reports, systems, and other	86716
data of each deputy registrar at least every two years. The	86717
registrar, with the approval of the director, shall immediately	86718
remove a deputy who violates any provision of the Revised Code	86719
related to the duties as a deputy, any rule adopted by the	86720
registrar, or a term of the deputy's contract with the registrar.	86721
The registrar also may remove a deputy who, in the opinion of the	86722
registrar, has engaged in any conduct that is either unbecoming to	86723
one representing this state or is inconsistent with the efficient	86724
operation of the deputy's office.	86725

If the registrar, with the approval of the director,	86726
determines that there is good cause to believe that a deputy	86727
registrar or a person proposing for a deputy registrar contract	86728
has engaged in any conduct that would require the denial or	86729
termination of the deputy registrar contract, the registrar may	86730
require the production of books, records, and papers as the	86731
registrar determines are necessary, and may take the depositions	86732
of witnesses residing within or outside the state in the same	86733
manner as is prescribed by law for the taking of depositions in	86734
civil actions in the court of common pleas, and for that purpose	86735
the registrar may issue a subpoena for any witness or a subpoena	86736
duces tecum to compel the production of any books, records, or	86737
papers, directed to the sheriff of the county where the witness	86738
resides or is found. Such a subpoena shall be served and returned	86739
in the same manner as a subpoena in a criminal case is served and	86740
returned. The fees of the sheriff shall be the same as that	86741
allowed in the court of common pleas in criminal cases. Witnesses	86742
shall be paid the fees and mileage provided for under section	86743
119.094 of the Revised Code. The fees and mileage shall be paid	86744
from the fund in the state treasury for the use of the agency in	86745
the same manner as other expenses of the agency are paid.	86746

In any case of disobedience or neglect of any subpoena served	86747
on any person or the refusal of any witness to testify to any	86748
matter regarding which the witness lawfully may be interrogated,	86749
the court of common pleas of any county where the disobedience,	86750
neglect, or refusal occurs or any judge of that court, on	86751
application by the registrar, shall compel obedience by attachment	86752
proceedings for contempt, as in the case of disobedience of the	86753
requirements of a subpoena issued from that court, or a refusal to	86754
testify in that court.	86755

Nothing in this division shall be construed to require a	86756
hearing of any nature prior to the termination of any deputy	86757
registrar contract by the registrar, with the approval of the	86758
director, for cause.	86759

(F) Except as provided in section 2743.03 of the Revised	86760
Code, no court, other than the court of common pleas of Franklin	86761
county, has jurisdiction of any action against the department of	86762
public safety, the director, the bureau, or the registrar to	86763
restrain the exercise of any power or authority, or to entertain	86764
any action for declaratory judgment, in the selection and	86765
appointment of, or contracting with, deputy registrars. Neither	86766
the department, the director, the bureau, nor the registrar is	86767
liable in any action at law for damages sustained by any person	86768
because of any acts of the department, the director, the bureau,	86769
or the registrar, or of any employee of the department or bureau,	86770
in the performance of official duties in the selection and	86771
appointment of, and contracting with, deputy registrars.	86772

(G) The registrar shall assign to each deputy registrar a	86773
series of numbers sufficient to supply the demand at all times in	86774
the area the deputy registrar serves, and the registrar shall keep	86775
a record in the registrar's office of the numbers within the	86776
series assigned. Each deputy shall be required to give bond in the	86777
amount of at least twenty-five thousand dollars, or in such higher	86778
amount as the registrar determines necessary, based on a uniform	86779
schedule of bond amounts established by the registrar and	86780
determined by the volume of registrations handled by the deputy.	86781
The form of the bond shall be prescribed by the registrar. The	86782
bonds required of deputy registrars, in the discretion of the	86783
registrar, may be individual or schedule bonds or may be included	86784
in any blanket bond coverage carried by the department.	86785

(H) Each deputy registrar shall keep a file of each	86786
application received by the deputy and shall register that motor	86787
vehicle with the name and address of its owner.	86788

(I) Upon request, a deputy registrar shall make the physical	86789
inspection of a motor vehicle and issue the physical inspection	86790
certificate required in section 4505.061 of the Revised Code.	86791

(J) Each deputy registrar shall file a report ~~semi-annually~~	86792
semiannually with the registrar of motor vehicles listing the	86793
number of applicants for licenses the deputy has served, the	86794
number of voter registration applications the deputy has completed	86795
and transmitted to the board of elections, and the number of voter	86796
registration applications declined.	86797

Sec. 4503.06. (A) The owner of each manufactured or mobile	86798
home that has acquired situs in this state shall pay either a real	86799
property tax pursuant to Title LVII of the Revised Code or a	86800
manufactured home tax pursuant to division (C) of this section.	86801

(B) The owner of a manufactured or mobile home shall pay real	86802
property taxes if either of the following applies:	86803

(1) The manufactured or mobile home acquired situs in the	86804
state or ownership in the home was transferred on or after January	86805
1, 2000, and all of the following apply:	86806

(a) The home is affixed to a permanent foundation as defined	86807
in division (C)(5) of section 3781.06 of the Revised Code.	86808

(b) The home is located on land that is owned by the owner of	86809
the home.	86810

(c) The certificate of title has been inactivated by the	86811
clerk of the court of common pleas that issued it, pursuant to	86812
division (H) of section 4505.11 of the Revised Code.	86813

(2) The manufactured or mobile home acquired situs in the	86814
state or ownership in the home was transferred before January 1,	86815
2000, and all of the following apply:	86816

(a) The home is affixed to a permanent foundation as defined	86817
in division (C)(5) of section 3781.06 of the Revised Code.	86818

(b) The home is located on land that is owned by the owner of	86819
the home.	86820

(c) The owner of the home has elected to have the home taxed	86821
as real property and, pursuant to section 4505.11 of the Revised	86822
Code, has surrendered the certificate of title to the auditor of	86823
the county containing the taxing district in which the home has	86824
its situs, together with proof that all taxes have been paid.	86825

(d) The county auditor has placed the home on the real	86826
property tax list and delivered the certificate of title to the	86827
clerk of the court of common pleas that issued it and the clerk	86828
has inactivated the certificate.	86829

(C)(1) Any mobile or manufactured home that is not taxed as	86830
real property as provided in division (B) of this section is	86831
subject to an annual manufactured home tax, payable by the owner,	86832
for locating the home in this state. The tax as levied in this	86833
section is for the purpose of supplementing the general revenue	86834
funds of the local subdivisions in which the home has its situs	86835
pursuant to this section.	86836

(2) The year for which the manufactured home tax is levied	86837
commences on the first day of January and ends on the following	86838
thirty-first day of December. The state shall have the first lien	86839
on any manufactured or mobile home on the list for the amount of	86840
taxes, penalties, and interest charged against the owner of the	86841
home under this section. The lien of the state for the tax for a	86842
year shall attach on the first day of January to a home that has	86843
acquired situs on that date. The lien for a home that has not	86844
acquired situs on the first day of January, but that acquires	86845
situs during the year, shall attach on the next first day of	86846
January. The lien shall continue until the tax, including any	86847
penalty or interest, is paid.	86848

(3)(a) The situs of a manufactured or mobile home located in	86849
this state on the first day of January is the local taxing	86850
district in which the home is located on that date.	86851

(b) The situs of a manufactured or mobile home not located in	86852
this state on the first day of January, but located in this state	86853
subsequent to that date, is the local taxing district in which the	86854
home is located thirty days after it is acquired or first enters	86855
this state.	86856

(4) The tax is collected by and paid to the county treasurer	86857
of the county containing the taxing district in which the home has	86858
its situs.	86859

(D) The manufactured home tax shall be computed and assessed	86860
by the county auditor of the county containing the taxing district	86861
in which the home has its situs as follows:	86862

(1) On a home that acquired situs in this state prior to	86863
January 1, 2000:	86864

(a) By multiplying the assessable value of the home by the	86865
tax rate of the taxing district in which the home has its situs,	86866
and deducting from the product thus obtained any reduction	86867
authorized under section 4503.065 of the Revised Code. The tax	86868
levied under this formula shall not be less than thirty-six	86869
dollars, unless the home qualifies for a reduction in assessable	86870
value under section 4503.065 of the Revised Code, in which case	86871
there shall be no minimum tax and the tax shall be the amount	86872
calculated under this division.	86873

(b) The assessable value of the home shall be forty per cent	86874
of the amount arrived at by the following computation:	86875

(i) If the cost to the owner, or market value at time of	86876
purchase, whichever is greater, of the home includes the	86877
furnishings and equipment, such cost or market value shall be	86878
multiplied according to the following schedule:	86879

For the first calendar year			86880
in which the			86881
home is owned by the			86882
current owner	x	80%	86883
2nd calendar year	x	75%	86884
3rd "	x	70%	86885
4th "	x	65%	86886
5th "	x	60%	86887
6th "	x	55%	86888
7th "	x	50%	86889
8th "	x	45%	86890
9th "	x	40%	86891
10th and each year thereafter	x	35%	86892

The first calendar year means any period between the first	86893
day of January and the thirty-first day of December of the first	86894
year.	86895

(ii) If the cost to the owner, or market value at the time of	86896
purchase, whichever is greater, of the home does not include the	86897
furnishings and equipment, such cost or market value shall be	86898
multiplied according to the following schedule:	86899

For the first calendar year			86900
in which the			86901
home is owned by the			86902
current owner	x	95%	86903
2nd calendar year	x	90%	86904
3rd "	x	85%	86905
4th "	x	80%	86906
5th "	x	75%	86907
6th "	x	70%	86908
7th "	x	65%	86909
8th "	x	60%	86910
9th "	x	55%	86911
10th and each year thereafter	x	50%	86912

The first calendar year means any period between the first	86913
day of January and the thirty-first day of December of the first	86914
year.	86915

(2) On a home in which ownership was transferred or that	86916
first acquired situs in this state on or after January 1, 2000:	86917

(a) By multiplying the assessable value of the home by the	86918
effective tax rate, as defined in section 323.08 of the Revised	86919
Code, for residential real property of the taxing district in	86920
which the home has its situs, and deducting from the product thus	86921
obtained the reductions required or authorized under section	86922
319.302, division (B) of section 323.152, or section 4503.065 of	86923
the Revised Code.	86924

(b) The assessable value of the home shall be thirty-five per	86925
cent of its true value as determined under division (L) of this	86926
section.	86927

(3) On or before the fifteenth day of January each year, the	86928
county auditor shall record the assessable value and the amount of	86929
tax on the manufactured or mobile home on the tax list and deliver	86930
a duplicate of the list to the county treasurer. In the case of an	86931
emergency as defined in section 323.17 of the Revised Code, the	86932
tax commissioner, by journal entry, may extend the times for	86933
delivery of the duplicate for an additional fifteen days upon	86934
receiving a written application from the county auditor regarding	86935
an extension for the delivery of the duplicate, or from the county	86936
treasurer regarding an extension of the time for the billing and	86937
collection of taxes. The application shall contain a statement	86938
describing the emergency that will cause the unavoidable delay and	86939
must be received by the tax commissioner on or before the last day	86940
of the month preceding the day delivery of the duplicate is	86941
otherwise required. When an extension is granted for delivery of	86942
the duplicate, the time period for payment of taxes shall be	86943
extended for a like period of time. When a delay in the closing of	86944
a tax collection period becomes unavoidable, the tax commissioner,	86945
upon application by the county auditor and county treasurer, may	86946
order the time for payment of taxes to be extended if the tax	86947
commissioner determines that penalties have accrued or would	86948
otherwise accrue for reasons beyond the control of the taxpayers	86949
of the county. The order shall prescribe the final extended date	86950
for payment of taxes for that collection period.	86951

(4) After January 1, 1999, the owner of a manufactured or	86952
mobile home taxed pursuant to division (D)(1) of this section may	86953
elect to have the home taxed pursuant to division (D)(2) of this	86954
section by filing a written request with the county auditor of the	86955
taxing district in which the home is located on or before the	86956
first day of December of any year. Upon the filing of the request,	86957
the county auditor shall determine whether all taxes levied under	86958
division (D)(1) of this section have been paid, and if those taxes	86959
have been paid, the county auditor shall tax the manufactured or	86960
mobile home pursuant to division (D)(2) of this section commencing	86961
in the next tax year.	86962

(5) A manufactured or mobile home that acquired situs in this	86963
state prior to January 1, 2000, shall be taxed pursuant to	86964
division (D)(2) of this section if no manufactured home tax had	86965
been paid for the home and the home was not exempted from taxation	86966
pursuant to division (E) of this section for the year for which	86967
the taxes were not paid.	86968

(6)(a) Immediately upon receipt of any manufactured home tax	86969
duplicate from the county auditor, but not less than twenty days	86970
prior to the last date on which the first one-half taxes may be	86971
paid without penalty as prescribed in division (F) of this	86972
section, the county treasurer shall cause to be prepared and	86973
mailed or delivered to each person charged on that duplicate with	86974
taxes, or to an agent designated by such person, the tax bill	86975
prescribed by the tax commissioner under division (D)(7) of this	86976
section. When taxes are paid by installments, the county treasurer	86977
shall mail or deliver to each person charged on such duplicate or	86978
the agent designated by that person a second tax bill showing the	86979
amount due at the time of the second tax collection. The second	86980
half tax bill shall be mailed or delivered at least twenty days	86981
prior to the close of the second half tax collection period. A	86982
change in the mailing address of any tax bill shall be made in	86983
writing to the county treasurer. Failure to receive a bill	86984
required by this section does not excuse failure or delay to pay	86985
any taxes shown on the bill or, except as provided in division	86986
(B)(1) of section 5715.39 of the Revised Code, avoid any penalty,	86987
interest, or charge for such delay.	86988

(b) After delivery of the copy of the delinquent manufactured	86989
home tax list under division (H) of this section, the county	86990
treasurer may prepare and mail to each person in whose name a home	86991
is listed an additional tax bill showing the total amount of	86992
delinquent taxes charged against the home as shown on the list.	86993
The tax bill shall include a notice that the interest charge	86994
prescribed by division (G) of this section has begun to accrue.	86995

(7) Each tax bill prepared and mailed or delivered under	86996
division (D)(6) of this section shall be in the form and contain	86997
the information required by the tax commissioner. The commissioner	86998
may prescribe different forms for each county and may authorize	86999
the county auditor to make up tax bills and tax receipts to be	87000
used by the county treasurer. The tax bill shall not contain or be	87001
mailed or delivered with any information or material that is not	87002
required by this section or that is not authorized by section	87003
321.45 of the Revised Code or by the tax commissioner. In addition	87004
to the information required by the commissioner, each tax bill	87005
shall contain the following information:	87006

(a) The taxes levied and the taxes charged and payable	87007
against the manufactured or mobile home;	87008

(b) The following notice: "Notice: If the taxes are not paid	87009
within sixty days after the county auditor delivers the delinquent	87010
manufactured home tax list to the county treasurer, you and your	87011
home may be subject to collection proceedings for tax	87012
delinquency." Failure to provide such notice has no effect upon	87013
the validity of any tax judgment to which a home may be subjected.	87014

(c) In the case of manufactured or mobile homes taxed under	87015
division (D)(2) of this section, the following additional	87016
information:	87017

(i) The effective tax rate. The words "effective tax rate"	87018
shall appear in boldface type.	87019

(ii) The following notice: "Notice: If the taxes charged	87020
against this home have been reduced by the 2-1/2 per cent tax	87021
reduction for residences occupied by the owner but the home is not	87022
a residence occupied by the owner, the owner must notify the	87023
county auditor's office not later than March 31 of the year for	87024
which the taxes are due. Failure to do so may result in the owner	87025
being convicted of a fourth degree misdemeanor, which is	87026
punishable by imprisonment up to 30 days, a fine up to $250, or	87027
both, and in the owner having to repay the amount by which the	87028
taxes were erroneously or illegally reduced, plus any interest	87029
that may apply.	87030

If the taxes charged against this home have not been reduced	87031
by the 2-1/2 per cent tax reduction and the home is a residence	87032
occupied by the owner, the home may qualify for the tax reduction.	87033
To obtain an application for the tax reduction or further	87034
information, the owner may contact the county auditor's office at	87035
.......... (insert the address and telephone number of the county	87036
auditor's office)."	87037

(E)(1) A manufactured or mobile home is not subject to this	87038
section when any of the following applies:	87039

(a) It is taxable as personal property pursuant to section	87040
5709.01 of the Revised Code. Any manufactured or mobile home that	87041
is used as a residence shall be subject to this section and shall	87042
not be taxable as personal property pursuant to section 5709.01 of	87043
the Revised Code.	87044

(b) It bears a license plate issued by any state other than	87045
this state unless the home is in this state in excess of an	87046
accumulative period of thirty days in any calendar year.	87047

(c) The annual tax has been paid on the home in this state	87048
for the current year.	87049

(d) The tax commissioner has determined, pursuant to section	87050
5715.27 of the Revised Code, that the property is exempt from	87051
taxation, or would be exempt from taxation under Chapter 5709. of	87052
the Revised Code if it were classified as real property.	87053

(2) A travel trailer or park trailer, as these terms are	87054
defined in section 4501.01 of the Revised Code, is not subject to	87055
this section if it is unused or unoccupied and stored at the	87056
owner's normal place of residence or at a recognized storage	87057
facility.	87058

(3) A travel trailer or park trailer, as these terms are	87059
defined in section 4501.01 of the Revised Code, is subject to this	87060
section and shall be taxed as a manufactured or mobile home if it	87061
has a situs longer than thirty days in one location and is	87062
connected to existing utilities, unless either of the following	87063
applies:	87064

(a) The situs is in a state facility or a camping or park	87065
area as defined in division (C), (Q), (S), or (V) of section	87066
3729.01 of the Revised Code.	87067

(b) The situs is in a camping or park area that is a tract of	87068
land that has been limited to recreational use by deed or zoning	87069
restrictions and subdivided for sale of five or more individual	87070
lots for the express or implied purpose of occupancy by either	87071
self-contained recreational vehicles as defined in division (T) of	87072
section 3729.01 of the Revised Code or by dependent recreational	87073
vehicles as defined in division (D) of section 3729.01 of the	87074
Revised Code.	87075

(F) Except as provided in division (D)(3) of this section,	87076
the manufactured home tax is due and payable as follows:	87077

(1) When a manufactured or mobile home has a situs in this	87078
state, as provided in this section, on the first day of January,	87079
one-half of the amount of the tax is due and payable on or before	87080
the first day of March and the balance is due and payable on or	87081
before the thirty-first day of July. At the option of the owner of	87082
the home, the tax for the entire year may be paid in full on the	87083
first day of March.	87084

(2) When a manufactured or mobile home first acquires a situs	87085
in this state after the first day of January, no tax is due and	87086
payable for that year.	87087

(G)(1)(a) Except as otherwise provided in division (G)(1)(b)	87088
of this section, if one-half of the current taxes charged under	87089
this section against a manufactured or mobile home, together with	87090
the full amount of any delinquent taxes, are not paid on or before	87091
the first day of March in that year, or on or before the last day	87092
for such payment as extended pursuant to section 4503.063 of the	87093
Revised Code, a penalty of ten per cent shall be charged against	87094
the unpaid balance of such half of the current taxes. If the total	87095
amount of all such taxes is not paid on or before the thirty-first	87096
day of July, next thereafter, or on or before the last day for	87097
payment as extended pursuant to section 4503.063 of the Revised	87098
Code, a like penalty shall be charged on the balance of the total	87099
amount of the unpaid current taxes.	87100

(b) After a valid delinquent tax contract that includes	87101
unpaid current taxes from a first-half collection period described	87102
in division (F) of this section has been entered into under	87103
section 323.31 of the Revised Code, no ten per cent penalty shall	87104
be charged against such taxes after the second-half collection	87105
period while the delinquent tax contract remains in effect. On the	87106
day a delinquent tax contract becomes void, the ten per cent	87107
penalty shall be charged against such taxes and shall equal the	87108
amount of penalty that would have been charged against unpaid	87109
current taxes outstanding on the date on which the second-half	87110
penalty would have been charged thereon under division (G)(1)(a)	87111
of this section if the contract had not been in effect.	87112

(2)(a) On the first day of the month following the last day	87113
the second installment of taxes may be paid without penalty	87114
beginning in 2000, interest shall be charged against and computed	87115
on all delinquent taxes other than the current taxes that became	87116
delinquent taxes at the close of the last day such second	87117
installment could be paid without penalty. The charge shall be for	87118
interest that accrued during the period that began on the	87119
preceding first day of December and ended on the last day of the	87120
month that included the last date such second installment could be	87121
paid without penalty. The interest shall be computed at the rate	87122
per annum prescribed by section 5703.47 of the Revised Code and	87123
shall be entered as a separate item on the delinquent manufactured	87124
home tax list compiled under division (H) of this section.	87125

(b) On the first day of December beginning in 2000, the	87126
interest shall be charged against and computed on all delinquent	87127
taxes. The charge shall be for interest that accrued during the	87128
period that began on the first day of the month following the last	87129
date prescribed for the payment of the second installment of taxes	87130
in the current year and ended on the immediately preceding last	87131
day of November. The interest shall be computed at the rate per	87132
annum prescribed by section 5703.47 of the Revised Code and shall	87133
be entered as a separate item on the delinquent manufactured home	87134
tax list.	87135

(c) After a valid undertaking has been entered into for the	87136
payment of any delinquent taxes, no interest shall be charged	87137
against such delinquent taxes while the undertaking remains in	87138
effect in compliance with section 323.31 of the Revised Code. If a	87139
valid undertaking becomes void, interest shall be charged against	87140
the delinquent taxes for the periods that interest was not	87141
permitted to be charged while the undertaking was in effect. The	87142
interest shall be charged on the day the undertaking becomes void	87143
and shall equal the amount of interest that would have been	87144
charged against the unpaid delinquent taxes outstanding on the	87145
dates on which interest would have been charged thereon under	87146
divisions (G)(1) and (2) of this section had the undertaking not	87147
been in effect.	87148

(3) If the full amount of the taxes due at either of the	87149
times prescribed by division (F) of this section is paid within	87150
ten days after such time, the county treasurer shall waive the	87151
collection of and the county auditor shall remit one-half of the	87152
penalty provided for in this division for failure to make that	87153
payment by the prescribed time.	87154

(4) The treasurer shall compile and deliver to the county	87155
auditor a list of all tax payments the treasurer has received as	87156
provided in division (G)(3) of this section. The list shall	87157
include any information required by the auditor for the remission	87158
of the penalties waived by the treasurer. The taxes so collected	87159
shall be included in the settlement next succeeding the settlement	87160
then in process.	87161

(H)(1) ~~Beginning in 2000, the~~The county auditor shall	87162
compile annually a "delinquent manufactured home tax list"	87163
consisting of homes the county treasurer's records indicate have	87164
taxes that were not paid within the time prescribed by divisions	87165
(D)(3) and (F) of this section, have taxes that remain unpaid from	87166
prior years, or have unpaid tax penalties or interest that have	87167
been assessed.	87168

(2) Within thirty days after the settlement under division	87169
(H)(2) of section 321.24 of the Revised Code ~~beginning in 2000~~,	87170
the county auditor shall deliver a copy of the delinquent	87171
manufactured home tax list to the county treasurer. The auditor	87172
shall update and publish the delinquent manufactured home tax list	87173
annually in the same manner as delinquent real property tax lists	87174
are published. The county auditor ~~shall~~may apportion the cost of	87175
publishing the list among taxing districts in proportion to the	87176
amount of delinquent manufactured home taxes so published that	87177
each taxing district is entitled to receive upon collection of	87178
those taxes, or the county auditor may charge the owner of a home	87179
on the list a flat fee established under section 319.54 of the	87180
Revised Code for the cost of publishing the list and, if the fee	87181
is not paid, may place the fee upon the delinquent manufactured	87182
home tax list as a lien on the listed home, to be collected as	87183
other manufactured home taxes.	87184

(3) When taxes, penalties, or interest are charged against a	87185
person on the delinquent manufactured home tax list and are not	87186
paid within sixty days after the list is delivered to the county	87187
treasurer, the county treasurer shall, in addition to any other	87188
remedy provided by law for the collection of taxes, penalties, and	87189
interest, enforce collection of such taxes, penalties, and	87190
interest by civil action in the name of the treasurer against the	87191
owner for the recovery of the unpaid taxes following the	87192
procedures for the recovery of delinquent real property taxes in	87193
sections 323.25 to 323.28 of the Revised Code. The action may be	87194
brought in municipal or county court, provided the amount charged	87195
does not exceed the monetary limitations for original jurisdiction	87196
for civil actions in those courts.	87197

It is sufficient, having made proper parties to the suit, for	87198
the county treasurer to allege in the treasurer's bill of	87199
particulars or petition that the taxes stand chargeable on the	87200
books of the county treasurer against such person, that they are	87201
due and unpaid, and that such person is indebted in the amount of	87202
taxes appearing to be due the county. The treasurer need not set	87203
forth any other matter relating thereto. If it is found on the	87204
trial of the action that the person is indebted to the state,	87205
judgment shall be rendered in favor of the county treasurer	87206
prosecuting the action. The judgment debtor is not entitled to the	87207
benefit of any law for stay of execution or exemption of property	87208
from levy or sale on execution in the enforcement of the judgment.	87209

Upon the filing of an entry of confirmation of sale or an	87210
order of forfeiture in a proceeding brought under this division,	87211
title to the manufactured or mobile home shall be in the	87212
purchaser. The clerk of courts shall issue a certificate of title	87213
to the purchaser upon presentation of proof of filing of the entry	87214
of confirmation or order and, in the case of a forfeiture,	87215
presentation of the county auditor's certificate of sale.	87216

(I) The total amount of taxes collected shall be distributed	87217
in the following manner: four per cent shall be allowed as	87218
compensation to the county auditor for the county auditor's	87219
service in assessing the taxes; two per cent shall be allowed as	87220
compensation to the county treasurer for the services the county	87221
treasurer renders as a result of the tax levied by this section.	87222
Such amounts shall be paid into the county treasury, to the credit	87223
of the county general revenue fund, on the warrant of the county	87224
auditor. Fees to be paid to the credit of the real estate	87225
assessment fund shall be collected pursuant to division (C) of	87226
section 319.54 of the Revised Code and paid into the county	87227
treasury, on the warrant of the county auditor. The balance of the	87228
taxes collected shall be distributed among the taxing subdivisions	87229
of the county in which the taxes are collected and paid in the	87230
same ratio as those taxes were collected for the benefit of the	87231
taxing subdivision. The taxes levied and revenues collected under	87232
this section shall be in lieu of any general property tax and any	87233
tax levied with respect to the privilege of using or occupying a	87234
manufactured or mobile home in this state except as provided in	87235
sections 4503.04 and 5741.02 of the Revised Code.	87236

(J) An agreement to purchase or a bill of sale for a	87237
manufactured home shall show whether or not the furnishings and	87238
equipment are included in the purchase price.	87239

(K) If the county treasurer and the county prosecuting	87240
attorney agree that an item charged on the delinquent manufactured	87241
home tax list is uncollectible, they shall certify that	87242
determination and the reasons to the county board of revision. If	87243
the board determines the amount is uncollectible, it shall certify	87244
its determination to the county auditor, who shall strike the item	87245
from the list.	87246

(L)(1) The county auditor shall appraise at its true value	87247
any manufactured or mobile home in which ownership is transferred	87248
or which first acquires situs in this state on or after January 1,	87249
2000, and any manufactured or mobile home the owner of which has	87250
elected, under division (D)(4) of this section, to have the home	87251
taxed under division (D)(2) of this section. The true value shall	87252
include the value of the home, any additions, and any fixtures,	87253
but not any furnishings in the home. In determining the true value	87254
of a manufactured or mobile home, the auditor shall consider all	87255
facts and circumstances relating to the value of the home,	87256
including its age, its capacity to function as a residence, any	87257
obsolete characteristics, and other factors that may tend to prove	87258
its true value.	87259

(2)(a) If a manufactured or mobile home has been the subject	87260
of an arm's length sale between a willing seller and a willing	87261
buyer within a reasonable length of time prior to the	87262
determination of true value, the county auditor shall consider the	87263
sale price of the home to be the true value for taxation purposes.	87264

(b) The sale price in an arm's length transaction between a	87265
willing seller and a willing buyer shall not be considered the	87266
true value of the home if either of the following occurred after	87267
the sale:	87268

(i) The home has lost value due to a casualty.

87269

(ii) An addition or fixture has been added to the home.

87270

(3) The county auditor shall have each home viewed and	87271
appraised at least once in each six-year period in the same year	87272
in which real property in the county is appraised pursuant to	87273
Chapter 5713. of the Revised Code, and shall update the appraised	87274
values in the third calendar year following the appraisal. The	87275
person viewing or appraising a home may enter the home to	87276
determine by actual view any additions or fixtures that have been	87277
added since the last appraisal. In conducting the appraisals and	87278
establishing the true value, the auditor shall follow the	87279
procedures set forth for appraising real property in sections	87280
5713.01 and 5713.03 of the Revised Code.	87281

(4) The county auditor shall place the true value of each	87282
home on the manufactured home tax list upon completion of an	87283
appraisal.	87284

(5)(a) If the county auditor changes the true value of a	87285
home, the auditor shall notify the owner of the home in writing,	87286
delivered by mail or in person. The notice shall be given at least	87287
thirty days prior to the issuance of any tax bill that reflects	87288
the change. Failure to receive the notice does not invalidate any	87289
proceeding under this section.	87290

(b) Any owner of a home or any other person or party listed	87291
in division (A)(1) of section 5715.19 of the Revised Code may file	87292
a complaint against the true value of the home as appraised under	87293
this section. The complaint shall be filed with the county auditor	87294
on or before the thirty-first day of March of the current tax year	87295
or the date of closing of the collection for the first half of	87296
manufactured home taxes for the current tax year, whichever is	87297
later. The auditor shall present to the county board of revision	87298
all complaints filed with the auditor under this section. The	87299
board shall hear and investigate the complaint and may take action	87300
on it as provided under sections 5715.11 to 5715.19 of the Revised	87301
Code.	87302

(c) If the county board of revision determines, pursuant to a	87303
complaint against the valuation of a manufactured or mobile home	87304
filed under this section, that the amount of taxes, assessments,	87305
or other charges paid was in excess of the amount due based on the	87306
valuation as finally determined, then the overpayment shall be	87307
refunded in the manner prescribed in section 5715.22 of the	87308
Revised Code.	87309

(d) Payment of all or part of a tax under this section for	87310
any year for which a complaint is pending before the county board	87311
of revision does not abate the complaint or in any way affect the	87312
hearing and determination thereof.	87313

(M) If the county auditor determines that any tax or other	87314
charge or any part thereof has been erroneously charged as a	87315
result of a clerical error as defined in section 319.35 of the	87316
Revised Code, the county auditor shall call the attention of the	87317
county board of revision to the erroneous charges. If the board	87318
finds that the taxes or other charges have been erroneously	87319
charged or collected, it shall certify the finding to the auditor.	87320
Upon receipt of the certification, the auditor shall remove the	87321
erroneous charges on the manufactured home tax list or delinquent	87322
manufactured home tax list in the same manner as is prescribed in	87323
section 319.35 of the Revised Code for erroneous charges against	87324
real property, and refund any erroneous charges that have been	87325
collected, with interest, in the same manner as is prescribed in	87326
section 319.36 of the Revised Code for erroneous charges against	87327
real property.	87328

(N) As used in this section and section 4503.061 of the	87329
Revised Code:	87330

(1) "Manufactured home taxes" includes taxes, penalties, and	87331
interest charged under division (C) or (G) of this section and any	87332
penalties charged under division (G) or (H)(5) of section 4503.061	87333
of the Revised Code.	87334

(2) "Current taxes" means all manufactured home taxes charged	87335
against a manufactured or mobile home that have not appeared on	87336
the manufactured home tax list for any prior year. Current taxes	87337
become delinquent taxes if they remain unpaid after the last day	87338
prescribed for payment of the second installment of current taxes	87339
without penalty, whether or not they have been certified	87340
delinquent.	87341

(3) "Delinquent taxes" means:

87342

(a) Any manufactured home taxes that were charged against a	87343
manufactured or mobile home for a prior year, including any	87344
penalties or interest charged for a prior year and the costs of	87345
publication under division (H)(2) of this section, and that remain	87346
unpaid;	87347

(b) Any current manufactured home taxes charged against a	87348
manufactured or mobile home that remain unpaid after the last day	87349
prescribed for payment of the second installment of current taxes	87350
without penalty, whether or not they have been certified	87351
delinquent, including any penalties or interest and the costs of	87352
publication under division (H)(2) of this section.	87353

Sec. 4503.061. (A) All manufactured and mobile homes shall	87354
be listed on either the real property tax list or the manufactured	87355
home tax list of the county in which the home has situs. Each	87356
owner shall follow the procedures in this section to identify the	87357
home to the county auditor of the county containing the taxing	87358
district in which the home has situs so that the auditor may place	87359
the home on the appropriate tax list.	87360

(B) When a manufactured or mobile home first acquires situs	87361
in this state and is subject to real property taxation pursuant to	87362
division (B)(1) or (2) of section 4503.06 of the Revised Code, the	87363
owner shall present to the auditor of the county containing the	87364
taxing district in which the home has its situs the certificate of	87365
title for the home, together with proof that all taxes due have	87366
been paid and proof that a relocation notice was obtained for the	87367
home if required under this section. Upon receiving the	87368
certificate of title and the required proofs, the auditor shall	87369
place the home on the real property tax list and proceed to treat	87370
the home as other properties on that list. After the auditor has	87371
placed the home on the tax list of real and public utility	87372
property, the auditor shall deliver the certificate of title to	87373
the clerk of the court of common pleas that issued it pursuant to	87374
section 4505.11 of the Revised Code, and the clerk shall	87375
inactivate the certificate of title.	87376

(C)(1) When a manufactured or mobile home subject to a	87377
manufactured home tax is relocated to or first acquires situs in	87378
any county that has adopted a permanent manufactured home	87379
registration system, as provided in division (F) of this section,	87380
the owner, within thirty days after the home is relocated or first	87381
acquires situs under section 4503.06 of the Revised Code, shall	87382
register the home with the county auditor of the county containing	87383
the taxing district in which the home has its situs. For the first	87384
registration in each county of situs, the owner or vendee in	87385
possession shall present to the county auditor an Ohio certificate	87386
of title, certified copy of the certificate of title, or	87387
memorandum certificate of title as such are required by law, and	87388
proof, as required by the county auditor, that the home, if it has	87389
previously been occupied and is being relocated, has been	87390
previously registered, that all taxes due and required to be paid	87391
under division (H)(1) of this section before a relocation notice	87392
may be issued have been paid, and that a relocation notice was	87393
obtained for the home if required by division (H) of this section.	87394
If the owner or vendee does not possess the Ohio certificate of	87395
title, certified copy of the certificate of title, or memorandum	87396
certificate of title at the time the owner or vendee first	87397
registers the home in a county, the county auditor shall register	87398
the home without presentation of the document, but the owner or	87399
vendee shall present the certificate of title, certified copy of	87400
the certificate of title, or memorandum certificate of title to	87401
the county auditor within fourteen days after the owner or vendee	87402
obtains possession of the document.	87403

(2) When a manufactured or mobile home is registered for the	87404
first time in a county and when the total tax due has been paid as	87405
required by division (F) of section 4503.06 of the Revised Code or	87406
divisions (E) and (H) of this section, the county treasurer shall	87407
note by writing or by a stamp on the certificate of title,	87408
certified copy of certificate of title, or memorandum certificate	87409
of title that the home has been registered and that the taxes due,	87410
if any, have been paid for the preceding five years and for the	87411
current year. The treasurer shall then issue a certificate	87412
evidencing registration and a decal to be displayed on the street	87413
side of the home. The certificate is valid in any county in this	87414
state during the year for which it is issued.	87415

(3) For each year thereafter, the county treasurer shall	87416
issue a tax bill stating the amount of tax due under section	87417
4503.06 of the Revised Code, as provided in division (D)(6) of	87418
that section. When the total tax due has been paid as required by	87419
division (F) of that section, the county treasurer shall issue a	87420
certificate evidencing registration that shall be valid in any	87421
county in this state during the year for which the certificate is	87422
issued.	87423

(4) The permanent decal issued under this division is valid	87424
during the period of ownership, except that when a manufactured	87425
home is relocated in another county the owner shall apply for a	87426
new registration as required by this section and section 4503.06	87427
of the Revised Code.	87428

(D)(1) All owners of manufactured or mobile homes subject to	87429
the manufactured home tax being relocated to or having situs in a	87430
county that has not adopted a permanent registration system, as	87431
provided in division (F) of this section, shall register the home	87432
within thirty days after the home is relocated or first acquires	87433
situs under section 4503.06 of the Revised Code and thereafter	87434
shall annually register the home with the county auditor of the	87435
county containing the taxing district in which the home has its	87436
situs.	87437

(2) Upon the annual registration, the county treasurer shall	87438
issue a tax bill stating the amount of annual manufactured home	87439
tax due under section 4503.06 of the Revised Code, as provided in	87440
division (D)(6) of that section. When a manufactured or mobile	87441
home is registered and when the tax for the current one-half year	87442
has been paid as required by division (F) of that section, the	87443
county treasurer shall issue a certificate evidencing registration	87444
and a decal. The certificate and decal are valid in any county in	87445
this state during the year for which they are issued. The decal	87446
shall be displayed on the street side of the home.	87447

(3) For the first annual registration in each county of	87448
situs, the county auditor shall require the owner or vendee to	87449
present an Ohio certificate of title, certified copy of the	87450
certificate of title, or memorandum certificate of title as such	87451
are required by law, and proof, as required by the county auditor,	87452
that the manufactured or mobile home has been previously	87453
registered, if such registration was required, that all taxes due	87454
and required to be paid under division (H)(1) of this section	87455
before a relocation notice may be issued have been paid, and that	87456
a relocation notice was obtained for the home if required by	87457
division (H) of this section. If the owner or vendee does not	87458
possess the Ohio certificate of title, certified copy of the	87459
certificate of title, or memorandum certificate of title at the	87460
time the owner or vendee first registers the home in a county, the	87461
county auditor shall register the home without presentation of the	87462
document, but the owner or vendee shall present the certificate of	87463
title, certified copy of the certificate of title, or memorandum	87464
certificate of title to the county auditor within fourteen days	87465
after the owner or vendee obtains possession of the document. When	87466
the county treasurer receives the tax payment, the county	87467
treasurer shall note by writing or by a stamp on the certificate	87468
of title, certified copy of the certificate of title, or	87469
memorandum certificate of title that the home has been registered	87470
for the current year and that the manufactured home taxes due, if	87471
any, have been paid for the preceding five years and for the	87472
current year.	87473

(4) For subsequent annual registrations, the auditor may	87474
require the owner or vendee in possession to present an Ohio	87475
certificate of title, certified copy of the certificate of title,	87476
or memorandum certificate of title to the county treasurer upon	87477
payment of the manufactured home tax that is due.	87478

(E)(1) Upon the application to transfer ownership of a	87479
manufactured or mobile home for which manufactured home taxes are	87480
paid pursuant to division (C) of section 4503.06 of the Revised	87481
Code the clerk of the court of common pleas shall not issue any	87482
certificate of title that does not contain or have attached both	87483
of the following:	87484

(a) An endorsement of the county treasurer stating that the	87485
home has been registered for each year of ownership and that all	87486
manufactured home taxes imposed pursuant to section 4503.06 of the	87487
Revised Code have been paid or that no tax is due;	87488

(b) An endorsement of the county auditor that the	87489
manufactured home transfer tax imposed pursuant to section 322.06	87490
of the Revised Code and any fees imposed under division (G) of	87491
section 319.54 of the Revised Code have been paid.	87492

(2) If all the taxes have not been paid, the clerk shall	87493
notify the vendee to contact the county treasurer of the county	87494
containing the taxing district in which the home has its situs at	87495
the time of the proposed transfer. The county treasurer shall then	87496
collect all the taxes that are due for the year of the transfer	87497
and all previous years not exceeding a total of five years. The	87498
county treasurer shall distribute that part of the collection owed	87499
to the county treasurer of other counties if the home had its	87500
situs in another county during a particular year when the unpaid	87501
tax became due and payable. The burden to prove the situs of the	87502
home in the years that the taxes were not paid is on the	87503
transferor of the home. Upon payment of the taxes, the county	87504
auditor shall remove all remaining taxes from the manufactured	87505
home tax list and the delinquent manufactured home tax list, and	87506
the county treasurer shall release all liens for such taxes. The	87507
clerk of courts shall issue a certificate of title, free and clear	87508
of all liens for manufactured home taxes, to the transferee of the	87509
home.	87510

(3) Once the transfer is complete and the certificate of	87511
title has been issued, the transferee shall register the	87512
manufactured or mobile home pursuant to division (C) or (D) of	87513
this section with the county auditor of the county containing the	87514
taxing district in which the home remains after the transfer or,	87515
if the home is relocated to another county, with the county	87516
auditor of the county to which the home is relocated. The	87517
transferee need not pay the annual tax for the year of acquisition	87518
if the original owner has already paid the annual tax for that	87519
year.	87520

(F) The county auditor may adopt a permanent registration	87521
system and issue a permanent decal with the first registration as	87522
prescribed by the tax commissioner.	87523

(G) When any manufactured or mobile home required to be	87524
registered by this section is not registered, the county auditor	87525
shall impose a penalty of one hundred dollars upon the owner and	87526
deposit the amount to the credit of the county real estate	87527
assessment fund to be used to pay the costs of administering this	87528
section and section 4503.06 of the Revised Code. If unpaid, the	87529
penalty shall constitute a lien on the home and shall be added by	87530
the county auditor to the manufactured home tax list for	87531
collection.	87532

(H)(1) Except as otherwise provided in this division, before	87533
moving a manufactured or mobile home on public roads from one	87534
address within this state to another address within or outside	87535
this state, the owner of the home shall obtain a relocation	87536
notice, as provided by this section, from the auditor of the	87537
county in which the home is located if the home is currently	87538
subject to taxation pursuant to section 4503.06 of the Revised	87539
Code. The auditor shall charge five dollars for the notice, and	87540
deposit the amount to the credit of the county real estate	87541
assessment fund to be used to pay the costs of administering this	87542
section and section 4503.06 of the Revised Code. The auditor shall	87543
not issue a relocation notice unless all taxes owed on the home	87544
under section 4503.06 of the Revised Code that were first charged	87545
to the home during the period of ownership of the owner seeking	87546
the relocation notice have been paid. If the home is being moved	87547
by a new owner of the home or by a party taking repossession of	87548
the home, the auditor shall not issue a relocation notice unless	87549
all of the taxes due for the preceding five years and for the	87550
current year have been paid. A relocation notice issued by a	87551
county auditor is valid until the last day of December of the year	87552
in which it was issued.	87553

If the home is being moved by a sheriff, police officer,	87554
constable, bailiff, or manufactured home park operator, as defined	87555
in section ~~3733.01~~4781.01 of the Revised Code, or any agent of	87556
any of these persons, for purposes of removal from a manufactured	87557
home park and storage, sale, or destruction under section 1923.14	87558
of the Revised Code, the auditor shall issue a relocation notice	87559
without requiring payment of any taxes owed on the home under	87560
section 4503.06 of the Revised Code.	87561

(2) If a manufactured or mobile home is not yet subject to	87562
taxation under section 4503.06 of the Revised Code, the owner of	87563
the home shall obtain a relocation notice from the dealer of the	87564
home. Within thirty days after the manufactured or mobile home is	87565
purchased, the dealer of the home shall provide the auditor of the	87566
county in which the home is to be located written notice of the	87567
name of the purchaser of the home, the registration number or	87568
vehicle identification number of the home, and the address or	87569
location to which the home is to be moved. The county auditor	87570
shall provide to each manufactured and mobile home dealer, without	87571
charge, a supply of relocation notices to be distributed to	87572
purchasers pursuant to this section.	87573

(3) The notice shall be in the form of a one-foot square	87574
yellow sign with the words "manufactured home relocation notice"	87575
printed prominently on it. The name of the owner of the home, the	87576
home's registration number or vehicle identification number, the	87577
county and the address or location to which the home is being	87578
moved, and the county in which the notice is issued shall also be	87579
entered on the notice.	87580

(4) The relocation notice must be attached to the rear of the	87581
home when the home is being moved on a public road. Except as	87582
provided in divisions (H)(1) and (5) of this section, no person	87583
shall drive a motor vehicle moving a manufactured or mobile home	87584
on a public road from one address to another address within this	87585
state unless a relocation notice is attached to the rear of the	87586
home.	87587

(5) If the county auditor determines that a manufactured or	87588
mobile home has been moved without a relocation notice as required	87589
under this division, the auditor shall impose a penalty of one	87590
hundred dollars upon the owner of the home and upon the person who	87591
moved the home and deposit the amount to the credit of the county	87592
real estate assessment fund to pay the costs of administering this	87593
section and section 4503.06 of the Revised Code. If the home was	87594
relocated from one county in this state to another county in this	87595
state and the county auditor of the county to which the home was	87596
relocated imposes the penalty, that county auditor, upon	87597
collection of the penalty, shall cause an amount equal to the	87598
penalty to be transmitted from the county real estate assessment	87599
fund to the county auditor of the county from which the home was	87600
relocated, who shall deposit the amount to the credit of the	87601
county real estate assessment fund. If the penalty on the owner is	87602
unpaid, the penalty shall constitute a lien on the home and the	87603
auditor shall add the penalty to the manufactured home tax list	87604
for collection. If the county auditor determines that a dealer	87605
that has sold a manufactured or mobile home has failed to timely	87606
provide the information required under this division, the auditor	87607
shall impose a penalty upon the dealer in the amount of one	87608
hundred dollars. The penalty shall be credited to the county real	87609
estate assessment fund and used to pay the costs of administering	87610
this section and section 4503.06 of the Revised Code.	87611

(I) Whoever violates division (H)(4) of this section is	87612
guilty of a minor misdemeanor.	87613

Sec. 4503.062. (A) Every operator of a manufactured home	87614
court, or manufactured home park, as defined in section ~~3733.01~~	87615
4781.01 of the Revised Code, or when there is no operator, every	87616
owner of property used for such purposes on which three or more	87617
manufactured or mobile homes are located, shall keep a register of	87618
all manufactured and mobile homes that make use of the court,	87619
park, or property. The register shall contain all of the	87620
following:	87621

(1) The name of the owner and all inhabitants of each home;

87622

(2) The ages of all inhabitants of each home;

87623

(3) The permanent and temporary post office addresses of all	87624
inhabitants of each home;	87625

(4) The license number of each home;

87626

(5) The state issuing each such license;

87627

(6) The date of arrival and of departure of each home;

87628

(7) The make and model of each home, if known and if either	87629
of the following applies:	87630

(a) The home enters the court, park, or property on or after	87631
January 1, 2003.	87632

(b) Ownership of the home in the court or park, or on the	87633
property, is transferred on or after January 1, 2003.	87634

(B) The register shall be open to inspection by the county	87635
auditor, the county treasurer, agents of the auditor or treasurer,	87636
and all law enforcement agencies at all times.	87637

(C) Any person who fails to comply with this section shall be	87638
fined not less than twenty-five nor more than one hundred dollars.	87639

Sec. 4503.235. (A) If division (G) of section 4511.19 or	87640
division ~~(B)~~(C) of section 4511.193 of the Revised Code requires a	87641
court, as part of the sentence of an offender who is convicted of	87642
or pleads guilty to a violation of division (A) of section 4511.19	87643
of the Revised Code or as a sanction for an offender who is	87644
convicted of or pleaded guilty to a violation of a municipal OVI	87645
ordinance, to order the immobilization of a vehicle for a	87646
specified period of time, notwithstanding the requirement, the	87647
court in its discretion may determine not to order the	87648
immobilization of the vehicle if both of the following apply:	87649

(1) Prior to the issuance of the order of immobilization, a	87650
family or household member of the offender files a motion with the	87651
court identifying the vehicle and requesting that the	87652
immobilization order not be issued on the ground that the family	87653
or household member is completely dependent on the vehicle for the	87654
necessities of life and that the immobilization of the vehicle	87655
would be an undue hardship to the family or household member.	87656

(2) The court determines that the family or household member	87657
who files the motion is completely dependent on the vehicle for	87658
the necessities of life and that the immobilization of the vehicle	87659
would be an undue hardship to the family or household member.	87660

(B) If a court pursuant to division (A) of this section	87661
determines not to order the immobilization of a vehicle that	87662
otherwise would be required pursuant to division (G) of section	87663
4511.19 or division ~~(B)~~(C) of section 4511.193 of the Revised	87664
Code, the court shall issue an order that waives the	87665
immobilization that otherwise would be required pursuant to either	87666
of those divisions. The immobilization waiver order shall be in	87667
effect for the period of time for which the immobilization of the	87668
vehicle otherwise would have been required under division (G) of	87669
section 4511.19 or division ~~(B)~~(C) of section 4511.193 of the	87670
Revised Code if the immobilization waiver order had not been	87671
issued, subject to division (D) of this section. The	87672
immobilization waiver order shall specify the period of time for	87673
which it is in effect. The court shall provide a copy of an	87674
immobilization waiver order to the offender and to the family or	87675
household member of the offender who filed the motion requesting	87676
that the immobilization order not be issued and shall place a copy	87677
of the immobilization waiver order in the record in the case. The	87678
court shall impose an immobilization waiver fee in the amount of	87679
fifty dollars. The court shall determine whether the fee is to be	87680
paid by the offender or by the family or household member. The	87681
clerk of the court shall deposit all of the fees collected during	87682
a month on or before the twenty-third day of the following month	87683
into the county or municipal indigent drivers alcohol treatment	87684
fund under the control of that court, as created by the county or	87685
municipal corporation under division (F) of section 4511.191 of	87686
the Revised Code.	87687

(C) If a court pursuant to division (B) of this section	87688
issues an immobilization waiver order, the order shall identify	87689
the family or household member who requested the order and the	87690
vehicle to which the order applies, shall identify the family or	87691
household members who are permitted to operate the vehicle, and	87692
shall identify the offender and specify that the offender is not	87693
permitted to operate the vehicle. The immobilization waiver order	87694
shall require that the family or household member display on the	87695
vehicle to which the order applies restricted license plates that	87696
are issued under section 4503.231 of the Revised Code for the	87697
entire period for which the immobilization of the vehicle	87698
otherwise would have been required under division (G) of section	87699
4511.19 or division ~~(B)~~(C) of section 4511.193 of the Revised Code	87700
if the immobilization waiver order had not been issued.	87701

(D) A family or household member who is permitted to operate	87702
a vehicle under an immobilization waiver order issued under this	87703
section shall not permit the offender to operate the vehicle. If a	87704
family or household member who is permitted to operate a vehicle	87705
under an immobilization waiver order issued under this section	87706
permits the offender to operate the vehicle, both of the following	87707
apply:	87708

(1) The court that issued the immobilization waiver order	87709
shall terminate that order and shall issue an immobilization order	87710
in accordance with section 4503.233 of the Revised Code that	87711
applies to the vehicle, and the immobilization order shall be in	87712
effect for the remaining period of time for which the	87713
immobilization of the vehicle otherwise would have been required	87714
under division (G) of section 4511.19 or division ~~(B)~~(C) of	87715
section 4511.193 of the Revised Code if the immobilization waiver	87716
order had not been issued.	87717

(2) The conduct of the family or household member in	87718
permitting the offender to operate the vehicle is a violation of	87719
section 4511.203 of the Revised Code.	87720

(E) No offender shall operate a motor vehicle subject to an	87721
immobilization waiver order. Whoever violates this division is	87722
guilty of operating a motor vehicle in violation of an	87723
immobilization waiver, a misdemeanor of the first degree.	87724

(F) "Family or household member" has the same meaning as in	87725
section 2919.25 of the Revised Code, except that the person must	87726
be currently residing with the offender.	87727

Sec. 4503.70. The owner or lessee of any passenger car,	87728
noncommercial motor vehicle, recreational vehicle, or other	87729
vehicle of a class approved by the registrar of motor vehicles who	87730
is a member in good standing of the grand lodge of free and	87731
accepted masons of Ohio may apply to the registrar for the	87732
registration of the vehicle and issuance of freemason license	87733
plates. The application for freemason license plates may be	87734
combined with a request for a special reserved license plate under	87735
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of	87736
the completed application, presentation by the applicant of	87737
satisfactory evidence showing that the applicant is a member in	87738
good standing of the grand lodge of free and accepted masons of	87739
Ohio, and compliance by the applicant with this section, the	87740
registrar shall issue to the applicant the appropriate vehicle	87741
registration and a set of freemason license plates with a	87742
validation sticker or a validation sticker alone when required by	87743
section 4503.191 of the Revised Code.	87744

In addition to the letters and numbers ordinarily inscribed	87745
thereon, freemason license plates shall be inscribed with	87746
identifying words and a symbol or logo designed by the grand lodge	87747
of free and accepted masons of Ohio and approved by the registrar.	87748
Freemason license plates shall bear county identification stickers	87749
that identify the county of registration by name or number.	87750

Freemason license plates and validation stickers shall be	87751
issued upon payment of the regular license fee required by section	87752
4503.04 of the Revised Code, payment of any local motor vehicle	87753
license tax levied under Chapter 4504. of the Revised Code,	87754
payment of an additional fee of ten dollars, and compliance with	87755
all other applicable laws relating to the registration of motor	87756
vehicles. If the application for freemason license plates is	87757
combined with a request for a special reserved license plate under	87758
section 4503.40 or 4503.42 of the Revised Code, the license plates	87759
and validation sticker shall be issued upon payment of the fees	87760
and taxes contained in this section and the additional fee	87761
prescribed under section 4503.40 or 4503.42 of the Revised Code.	87762
The additional fee of ten dollars shall be for the purpose of	87763
compensating the bureau of motor vehicles for additional services	87764
required in the issuing of freemason license plates, and shall be	87765
transmitted by the registrar to the treasurer of state for deposit	87766
into the state treasury to the credit of the state bureau of motor	87767
vehicles fund created by section 4501.25 of the Revised Code.	87768

Sec. 4503.93. (A) The owner or lessee of any passenger car,	87769
noncommercial motor vehicle, recreational vehicle, or other	87770
vehicle of a class approved by the registrar of motor vehicles may	87771
apply to the registrar for the registration of the vehicle and	87772
issuance of Ohio "volunteer" license plates. The application for	87773
Ohio "volunteer" license plates may be combined with a request for	87774
a special reserved license plate under section 4503.40 or 4503.42	87775
of the Revised Code. Upon receipt of the completed application and	87776
compliance with divisions (B) and (C) of this section, the	87777
registrar shall issue to the applicant the appropriate vehicle	87778
registration and a set of Ohio "volunteer" license plates with a	87779
validation sticker or a validation sticker alone when required by	87780
section 4503.191 of the Revised Code.	87781

In addition to the letters and numbers ordinarily inscribed	87782
on license plates, Ohio "volunteer" license plates shall be	87783
inscribed with words and markings designed by the Ohio ~~community~~	87784
commission on service ~~council~~and volunteerism created by section	87785
121.40 of the Revised Code and approved by the registrar. Ohio	87786
"volunteer" license plates shall bear county identification	87787
stickers that identify the county of registration by name or	87788
number.	87789

(B) Ohio "volunteer" license plates and a validation sticker,	87790
or a validation sticker alone, shall be issued upon receipt of a	87791
contribution as provided in division (C) of this section and upon	87792
payment of the regular license tax prescribed in section 4503.04	87793
of the Revised Code, any applicable motor vehicle tax levied under	87794
Chapter 4504. of the Revised Code, any applicable additional fee	87795
prescribed by section 4503.40 or 4503.42 of the Revised Code, a	87796
bureau of motor vehicles fee of ten dollars, and compliance with	87797
all other applicable laws relating to the registration of motor	87798
vehicles.	87799

(C)(1) For each application for registration and registration	87800
renewal received under this section, the registrar shall collect a	87801
contribution of fifteen dollars. The registrar shall transmit this	87802
contribution to the treasurer of state for deposit in the Ohio	87803
~~community~~commission on service ~~council~~and volunteerism gifts and	87804
donations fund created by section 121.403 of the Revised Code. The	87805
~~council~~commission shall use all such contributions for the	87806
purposes described in divisions (B)(2) and (3) of that section.	87807

(2) The registrar shall deposit the bureau of motor vehicles	87808
fee of ten dollars specified in division (B) of this section,	87809
which is for the purpose of compensating the bureau for the	87810
additional services required in issuing Ohio "volunteer" license	87811
plates, in the state bureau of motor vehicles fund created in	87812
section 4501.25 of the Revised Code.	87813

Sec. 4504.02. For the purpose of paying the costs of	87814
enforcing and administering the tax provided for in this section;	87815
and for planning, constructing, improving, maintaining, and	87816
repairing public roads, highways, and streets; maintaining and	87817
repairing bridges and viaducts; paying the county's portion of the	87818
costs and expenses of cooperating with the department of	87819
transportation in the planning, improvement, and construction of	87820
state highways; paying the county's portion of the compensation,	87821
damages, cost, and expenses of planning, constructing,	87822
reconstructing, improving, maintaining, and repairing roads;	87823
paying any costs apportioned to the county under section 4907.47	87824
of the Revised Code; paying debt service charges on notes or bonds	87825
of the county issued for such purposes; paying all or part of the	87826
costs and expenses of municipal corporations in planning,	87827
constructing, reconstructing, improving, maintaining, and	87828
repairing highways, roads, and streets designated as necessary or	87829
conducive to the orderly and efficient flow of traffic within and	87830
through the county pursuant to section 4504.03 of the Revised	87831
Code; purchasing, erecting, and maintaining street and traffic	87832
signs and markers; purchasing, erecting, and maintaining traffic	87833
lights and signals; and to supplement revenue already available	87834
for such purposes, any county by resolution adopted by its board	87835
of county commissioners may levy an annual license tax, in	87836
addition to the tax levied by sections 4503.02, 4503.07, and	87837
4503.18 of the Revised Code, upon the operation of motor vehicles	87838
on the public roads or highways. Such tax shall be at the rate of	87839
five dollars per motor vehicle on all motor vehicles the district	87840
of registration of which, as defined in section 4503.10 of the	87841
Revised Code, is located in the county levying the tax and shall	87842
be in addition to the taxes at the rates specified in sections	87843
4503.04 and 4503.16 of the Revised Code, subject to reductions in	87844
the manner provided in section 4503.11 of the Revised Code and the	87845
exemptions provided in sections 4503.16, 4503.17, 4503.171,	87846
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code.	87847

Prior to the adoption of any resolution under this section,	87848
the board of county commissioners shall conduct two public	87849
hearings thereon, the second hearing to be not less than three nor	87850
more than ten days after the first. Notice of the date, time, and	87851
place of such hearings shall be given by publication in a	87852
newspaper of general circulation in the county or as provided in	87853
section 7.16 of the Revised Code, once a week on the same day of	87854
the week for two consecutive weeks, the second publication being	87855
not less than ten nor more than thirty days prior to the first	87856
hearing.	87857

No resolution under this section shall become effective	87858
sooner than thirty days following its adoption, and such	87859
resolution is subject to a referendum as provided in sections	87860
305.31 to 305.41 of the Revised Code, unless such resolution is	87861
adopted as an emergency measure necessary for the immediate	87862
preservation of the public peace, health, or safety, in which case	87863
it shall go into immediate effect. Such emergency measure must	87864
receive an affirmative vote of all of the members of the board of	87865
county commissioners, and shall state the reasons for such	87866
necessity. A resolution may direct the board of elections to	87867
submit the question of levying the tax to the electors of the	87868
county at the next primary or general election in the county	87869
occurring not less than seventy-five days after such resolution is	87870
certified to the board; no such resolution shall go into effect	87871
unless approved by a majority of those voting upon it.	87872

Sec. 4504.021. The question of repeal of a county permissive	87873
tax adopted as an emergency measure pursuant to section 4504.02,	87874
4504.15, or 4504.16 of the Revised Code may be initiated by filing	87875
with the board of elections of the county not less than ninety	87876
days before the general election in any year a petition requesting	87877
that an election be held on such question. Such petition shall be	87878
signed by qualified electors residing in the county equal in	87879
number to ten per cent of those voting for governor at the most	87880
recent gubernatorial election.	87881

After determination by it that such petition is valid, the	87882
board of elections shall submit the question to the electors of	87883
the county at the next general election. The election shall be	87884
conducted, canvassed, and certified in the same manner as regular	87885
elections for county offices in the county. Notice of the election	87886
shall be published in a newspaper of general circulation in the	87887
district, or as provided in section 7.16 of the Revised Code, once	87888
a week for two consecutive weeks prior to the election ~~and, if~~. If	87889
the board of elections operates and maintains a web site, notice	87890
of the election also shall be posted on that web site for thirty	87891
days prior to the election. The notice shall state the purpose,	87892
time, and place of the election. The form of the ballot cast at	87893
such election shall be prescribed by the secretary of state. The	87894
question covered by such petition shall be submitted as a separate	87895
proposition, but it may be printed on the same ballot with any	87896
other proposition submitted at the same election other than the	87897
election of officers. If a majority of the qualified electors	87898
voting on the question of repeal approve the repeal, the result of	87899
the election shall be certified immediately after the canvass by	87900
the board of elections to the county commissioners, who shall	87901
thereupon, after the current year, cease to levy the tax.	87902

Sec. 4504.15. For the purpose of paying the costs of	87903
enforcing and administering the tax provided for in this section;	87904
for the various purposes stated in section 4504.02 of the Revised	87905
Code; and to supplement revenue already available for those	87906
purposes, any county may, by resolution adopted by its board of	87907
county commissioners, levy an annual license tax, that shall be in	87908
addition to the tax levied by sections 4503.02, 4503.07, and	87909
4503.18 of the Revised Code, upon the operation of motor vehicles	87910
upon the public roads and highways. The tax shall be at the rate	87911
of five dollars per motor vehicle on all motor vehicles the	87912
district of registration of which, as defined in section 4503.10	87913
of the Revised Code, is located in the county levying the tax but	87914
is not located within any municipal corporation levying the tax	87915
authorized by section 4504.17 of the Revised Code, and shall be in	87916
addition to the taxes at the rates specified in sections 4503.04	87917
and 4503.16 of the Revised Code, subject to reductions in the	87918
manner provided in section 4503.11 of the Revised Code and the	87919
exemptions provided in sections 4503.16, 4503.17, 4503.171,	87920
4503.41, and 4503.43 of the Revised Code.	87921

Prior to the adoption of any resolution under this section,	87922
the board of county commissioners shall conduct two public	87923
hearings thereon, the second hearing to be not less than three nor	87924
more than ten days after the first. Notice of the date, time, and	87925
place of such hearings shall be given by publication in a	87926
newspaper of general circulation in the county, or as provided in	87927
section 7.16 of the Revised Code, once a week for two consecutive	87928
weeks~~, the~~. The second publication ~~being~~shall be not less than	87929
ten nor more than thirty days prior to the first hearing.	87930

No resolution under this section shall become effective	87931
sooner than thirty days following its adoption, and such	87932
resolution is subject to a referendum as provided in sections	87933
305.31 to 305.41 of the Revised Code, unless the resolution is	87934
adopted as an emergency measure necessary for the immediate	87935
preservation of the public peace, health, or safety, in which case	87936
it shall go into immediate effect. The emergency measure must	87937
receive an affirmative vote of all of the members of the board of	87938
county commissioners, and shall state the reasons for the	87939
necessity. A resolution may direct the board of elections to	87940
submit the question of levying the tax to the electors of the	87941
county at the next primary or general election occurring not less	87942
than ninety days after the resolution is certified to the board;	87943
no such resolution shall go into effect unless approved by a	87944
majority of those voting upon it. A county is not required to	87945
enact the tax authorized by section 4504.02 of the Revised Code in	87946
order to levy the tax authorized by this section, but no county	87947
may have in effect the tax authorized by this section if it	87948
repeals the tax authorized by section 4504.02 of the Revised Code	87949
after April 1, 1987.	87950

Sec. 4504.16. For the purpose of paying the costs of	87951
enforcing and administering the tax provided for in this section;	87952
for the various purposes stated in section 4504.02 of the Revised	87953
Code; and to supplement revenue already available for those	87954
purposes, any county that currently levies the tax authorized by	87955
section 4504.15 of the Revised Code may, by resolution adopted by	87956
its board of county commissioners, levy an annual license tax,	87957
that shall be in addition to the tax levied by that section and by	87958
sections 4503.02, 4503.07, and 4503.18 of the Revised Code, upon	87959
the operation of motor vehicles upon the public roads and	87960
highways. The tax shall be at the rate of five dollars per motor	87961
vehicle on all motor vehicles the district of registration of	87962
which, as defined in section 4503.10 of the Revised Code, is	87963
located in the county levying the tax but is not located within	87964
any municipal corporation levying the tax authorized by section	87965
4504.171 of the Revised Code, and shall be in addition to the	87966
taxes at the rates specified in sections 4503.04 and 4503.16 of	87967
the Revised Code, subject to reductions in the manner provided in	87968
section 4503.11 of the Revised Code and the exemptions provided in	87969
sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of the	87970
Revised Code.	87971

Prior to the adoption of any resolution under this section,	87972
the board of county commissioners shall conduct two public	87973
hearings thereon, the second hearing to be not less than three nor	87974
more than ten days after the first. Notice of the date, time, and	87975
place of such hearings shall be given by publication in a	87976
newspaper of general circulation in the county, or as provided in	87977
section 7.16 of the Revised Code, once a week for two consecutive	87978
weeks~~, the~~. The second publication ~~being~~shall be not less than	87979
ten nor more than thirty days prior to the first hearing.	87980

No resolution under this section shall become effective	87981
sooner than thirty days following its adoption, and such	87982
resolution is subject to a referendum as provided in sections	87983
305.31 to 305.41 of the Revised Code, unless the resolution is	87984
adopted as an emergency measure necessary for the immediate	87985
preservation of the public peace, health, or safety, in which case	87986
it shall go into immediate effect. The emergency measure must	87987
receive an affirmative vote of all of the members of the board of	87988
county commissioners, and shall state the reasons for the	87989
necessity. A resolution may direct the board of elections to	87990
submit the question of levying the tax to the electors of the	87991
county at the next primary or general election occurring not less	87992
than ninety days after the resolution is certified to the board;	87993
no such resolution shall go into effect unless approved by a	87994
majority of those voting upon it.	87995

Nothing in this section or in section 4504.15 of the Revised	87996
Code shall be interpreted as preventing a county from levying the	87997
county motor vehicle license taxes authorized by such sections in	87998
a single resolution.	87999

Sec. 4504.18. For the purpose of paying the costs and	88000
expenses of enforcing and administering the tax provided for in	88001
this section; for the construction, reconstruction, improvement,	88002
maintenance, and repair of township roads, bridges, and culverts;	88003
for purchasing, erecting, and maintaining traffic signs, markers,	88004
lights, and signals; for purchasing road machinery and equipment,	88005
and planning, constructing, and maintaining suitable buildings to	88006
house such equipment; for paying any costs apportioned to the	88007
township under section 4907.47 of the Revised Code; and to	88008
supplement revenue already available for such purposes, the board	88009
of township trustees may levy an annual license tax, in addition	88010
to the tax levied by sections 4503.02, 4503.07, and 4503.18 of the	88011
Revised Code, upon the operation of motor vehicles on the public	88012
roads and highways in the unincorporated territory of the	88013
township. The tax shall be at the rate of five dollars per motor	88014
vehicle on all motor vehicles the owners of which reside in the	88015
unincorporated area of the township and shall be in addition to	88016
the taxes at the rates specified in sections 4503.04 and 4503.16	88017
of the Revised Code, subject to reductions in the manner provided	88018
in section 4503.11 of the Revised Code and the exemptions provided	88019
in sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of	88020
the Revised Code.	88021

Prior to the adoption of any resolution under this section,	88022
the board of township trustees shall conduct two public hearings	88023
thereon, the second hearing to be not less than three nor more	88024
than ten days after the first. Notice of the date, time, and place	88025
of such hearings shall be given by publication in a newspaper of	88026
general circulation in the township or as provided in section 7.16	88027
of the Revised Code, once a week on the same day of the week for	88028
two consecutive weeks, the second publication being not less than	88029
ten nor more than thirty days prior to the first hearing.	88030

No resolution under this section shall become effective	88031
sooner than thirty days following its adoption, and such	88032
resolution is subject to a referendum in the same manner, except	88033
as to the form of the petition, as provided in division (H) of	88034
section 519.12 of the Revised Code for a proposed amendment to a	88035
township zoning resolution. In addition, a petition under this	88036
section shall be governed by the rules specified in section	88037
3501.38 of the Revised Code. No resolution levying a tax under	88038
this section for which a referendum vote has been requested shall	88039
go into effect unless approved by a majority of those voting upon	88040
it.	88041

A township license tax levied under this section shall	88042
continue in effect until repealed.	88043

Sec. 4505.181. (A) Notwithstanding ~~divisions (A)(2), (5),~~	88044
~~and (6) of~~ section 4505.18 of the Revised Code, a motor vehicle	88045
dealer or person acting on behalf of a motor vehicle dealer may	88046
display, offer for sale, or sell a used motor vehicle and a	88047
manufactured housing dealer or person acting on behalf of a	88048
manufactured housing dealer may display, offer for sale, or sell a	88049
used manufactured home or used mobile home without having first	88050
obtained a certificate of title for the vehicle in the name of the	88051
dealer ~~as required by this chapter if the dealer or person acting~~	88052
~~on behalf of the dealer complies with divisions (A)(1)(a) and (2)~~	88053
~~of this section, or divisions (A)(1)(b) and (2) of~~by complying	88054
with this section~~, as follows:~~.	88055

(1)~~(a)~~The dealer or person acting on behalf of the dealer	88056
shall possess a bill of sale for each used motor vehicle, used	88057
manufactured home, and used mobile home proposed to be displayed,	88058
offered for sale, or sold under this section or a properly	88059
executed power of attorney or other related documents from the	88060
prior owner of the motor vehicle, manufactured home, or mobile	88061
home giving the dealer or person acting on behalf of the dealer	88062
authority to have a certificate of title to the motor vehicle,	88063
manufactured home, or mobile home issued in the name of the	88064
dealer, and shall retain copies of all such documents in the	88065
dealer's or person's files until such time as a certificate of	88066
title in the dealer's name is issued for each such motor vehicle,	88067
manufactured home, or mobile home by the clerk of the court of	88068
common pleas. Such documents shall be available for inspection by	88069
the bureau of motor vehicles and the manufactured homes commission	88070
during normal business hours.	88071

(2) If ~~the dealer has been licensed as a motor vehicle dealer~~	88072
~~or manufactured housing dealer for less than the three-year period~~	88073
~~prior to the date on which the dealer or person acting on behalf~~	88074
~~of the dealer displays, offers for sale, or sells the used motor~~	88075
~~vehicle for which the dealer has not obtained a certificate of~~	88076
~~title in the name of the dealer, or if~~ the attorney general has	88077
paid a retail purchaser of the dealer or a secured party under	88078
division ~~(C)~~(D), (E), or (G) of this section within three years	88079
prior to such date, the dealer ~~posts~~shall post with the attorney	88080
general's office in favor of this state a bond of a surety company	88081
authorized to do business in this state, in an amount of not less	88082
than twenty-five thousand dollars, to be used solely for the	88083
purpose of compensating retail purchasers of motor vehicles,	88084
manufactured homes, or mobile homes who suffer damages due to	88085
failure of the dealer or person acting on behalf of the dealer to	88086
comply with this section. Failure to post a bond constitutes a	88087
deceptive act or practice in connection with a consumer	88088
transaction and is a violation of section 1345.02 of the Revised	88089
Code. The dealer's surety shall notify the registrar and attorney	88090
general when a bond of a motor vehicle dealer is canceled and	88091
shall notify the manufactured homes commission and the attorney	88092
general when a bond of a manufactured housing dealer is canceled.	88093
Such notification of cancellation shall include the effective date	88094
of and reason for cancellation.	88095

~~(b) If the dealer has been licensed as a motor vehicle dealer~~	88096
~~or manufactured housing dealer for longer than the three-year~~	88097
~~period prior to the date on which the dealer or person acting on~~	88098
~~behalf of the dealer displays, offers for sale, or sells the used~~	88099
~~motor vehicle, used manufactured home, or used mobile home for~~	88100
~~which the dealer has not obtained a certificate of title in the~~	88101
~~name of the dealer and the attorney general has not paid a retail~~	88102
~~purchaser of the dealer under division (C) of this section within~~	88103
~~three years prior to such date, the dealer pays one hundred fifty~~	88104
~~dollars to the attorney general for deposit into the title defect~~	88105
~~recision fund created by section 1345.52 of the Revised Code.~~	88106

~~(2) The dealer or person acting on behalf of the dealer~~	88107
~~possesses a bill of sale for each motor vehicle, used manufactured~~	88108
~~home, and used mobile home proposed to be displayed, offered for~~	88109
~~sale, or sold under this section and a properly executed power of~~	88110
~~attorney or other related documents from the prior owner of the~~	88111
~~motor vehicle, manufactured home, or mobile home giving the dealer~~	88112
~~or person acting on behalf of the dealer authority to have a~~	88113
~~certificate of title to the motor vehicle, manufactured home, or~~	88114
~~mobile home issued in the name of the dealer, and retains copies~~	88115
~~of all such documents in the dealer's or person's files until such~~	88116
~~time as a certificate of title in the dealer's name is issued for~~	88117
~~each such motor vehicle, manufactured home, or mobile home by the~~	88118
~~clerk of the court of common pleas. Such documents shall be~~	88119
~~available for inspection by the bureau of motor vehicles and the~~	88120
~~manufactured homes commission during normal business hours.~~	88121

(B) If a retail purchaser purchases a used motor vehicle,	88122
used manufactured home, or used mobile home for which the dealer,	88123
pursuant to and in accordance with division (A) of this section,	88124
does not have a certificate of title issued in the name of the	88125
dealer at the time of the sale, the retail purchaser has an	88126
unconditional right to demand the dealer rescind the transaction	88127
~~and the dealer has an obligation to refund to the retail purchaser~~	88128
~~the full purchase price of the vehicle,~~ if one of the following	88129
applies:	88130

(1) The dealer fails, on or before the fortieth day following	88131
the date of the sale, to obtain a title in the name of the retail	88132
purchaser.	88133

(2) The title for the vehicle indicates that it is a rebuilt	88134
salvage vehicle, and the fact that it is a rebuilt salvage vehicle	88135
was not disclosed to the retail purchaser in writing prior to the	88136
execution of the purchase agreement.	88137

(3) The title for the vehicle indicates that the dealer has	88138
made an inaccurate odometer disclosure to the retail purchaser.	88139

(4) The title for the vehicle indicates that it is a	88140
"buyback" vehicle as defined in section 1345.71 of the Revised	88141
Code, and the fact that it is a "buyback" vehicle was not	88142
disclosed to the retail purchaser in the written purchase	88143
agreement.	88144

(5) The motor vehicle is a used manufactured home or used	88145
mobile home, as defined by section ~~5739.021~~4781.01 of the Revised	88146
Code, that has been repossessed under Chapter 1309. or 1317. of	88147
the Revised Code, but a certificate of title for the repossessed	88148
home has not yet been transferred by the repossessing party to the	88149
dealer on the date the retail purchaser purchases the used	88150
manufactured home or used mobile home from the dealer, and the	88151
dealer fails to obtain a certificate of title on or before the	88152
fortieth day after the dealer obtains the certificate of title for	88153
the home from the repossessing party or the date on which an	88154
occupancy permit for the home is delivered to the purchaser by the	88155
appropriate legal authority, whichever occurs later.	88156

(C)(1) If ~~any of~~ the ~~circumstances~~circumstance described in	88157
~~divisions~~division (B)(1) ~~to (4)~~ of this section applies, a retail	88158
purchaser or the retail purchaser's representative shall ~~notify~~	88159
provide the dealer ~~and afford the dealer the opportunity to comply~~	88160
~~with the dealer's obligation to refund the full purchase price~~	88161
notice of the ~~motor vehicle~~request for recision. Such	88162
notification shall occur not later than sixty days from the date	88163
the motor vehicle is titled in the name of the retail purchaser.	88164
The dealer shall have the opportunity to comply with the dealer's	88165
obligation to refund the full purchase price of the motor vehicle.	88166
Reimbursement shall be only in such a manner as to reimburse the	88167
retail purchaser any money the retail purchaser actually paid and,	88168
in the case of a lender of the retail purchaser, the amount paid	88169
by the lender to purchase the contract or finance the sale of the	88170
vehicle. If a vehicle was taken in trade as a down payment, the	88171
dealer shall return the vehicle to the consumer, unless the dealer	88172
remitted payment to a third party to satisfy any security	88173
interest. If the dealer remitted payment, the dealer shall	88174
reimburse the purchaser the value of the vehicle, as evidenced by	88175
the bill of sale.	88176

(2) If any of the circumstances described in divisions	88177
(B)(2), (3), or (4) of this section apply, a retail purchaser or	88178
the retail purchaser's representative shall provide notice to the	88179
dealer of a request for recision. Such notification shall occur	88180
not later than one hundred eighty days from the date the vehicle	88181
is titled in the name of the retail purchaser. Upon timely	88182
notification, the dealer shall have the opportunity to comply with	88183
the dealer's obligation to refund the full purchase price of the	88184
motor vehicle. Reimbursement shall be only in such a manner as to	88185
reimburse the retail purchaser any money the retail purchaser	88186
actually paid and, in the case of a lender of the retail	88187
purchaser, the amount paid by the lender to purchase the contract	88188
or finance the sale of the vehicle. If a vehicle was taken in	88189
trade as a down payment, the dealer shall return the vehicle to	88190
the consumer, unless the dealer remitted payment to a third party	88191
to satisfy any security interest. If the dealer remitted payment,	88192
the dealer shall reimburse the purchaser the value of the vehicle,	88193
as evidenced by the bill of sale.	88194

(3) If any of the circumstances described in division (B)(5)	88195
of this section apply, a retail purchaser or the retail	88196
purchaser's representative shall notify the dealer and afford the	88197
dealer the opportunity to comply with the dealer's obligation to	88198
rescind the manufactured home or mobile home transaction.	88199

(4) If the retail purchaser does not deliver notice to the	88200
dealer within the applicable time period specified in division	88201
(C)(1), (2), or (3) of this section, the retail purchaser shall	88202
not be entitled to any recovery or have any cause of action under	88203
this section.	88204

(5) Nothing in ~~this~~ division (C) of this section shall be	88205
construed as prohibiting the dealer and the retail purchaser or	88206
their representatives from negotiating a compromise resolution	88207
that is satisfactory to both parties.	88208

~~(C)~~(D) If a retail purchaser notifies a dealer of one or more	88209
of the circumstances listed in division (B) of this section within	88210
the applicable time period specified in division (C)(1), (2), or	88211
(3) of this section and the dealer fails to ~~refund to~~comply with	88212
the ~~retail purchaser the full purchase price~~requirements for	88213
recision as prescribed in division (C) of ~~the vehicle~~this section	88214
or reach a satisfactory compromise with the retail purchaser	88215
within ~~three~~seven business days of presentation of the retail	88216
purchaser's recision claim, the retail purchaser may apply to the	88217
attorney general for payment from the fund of the full purchase	88218
price to the retail purchaser.	88219

~~(D)~~(E)(1) Upon application by a retail purchaser for payment	88220
from the fund, if the attorney general is satisfied that one or	88221
more of the circumstances contained in divisions (B)(1) to ~~(4)~~(5)	88222
of this section exist, and notification has been given within the	88223
applicable time period specified in division (C)(1), (2), or (3)	88224
of this section, the attorney general shall cause at maximum the	88225
full purchase price of the vehicle, manufactured home, or mobile	88226
home plus the cost of any additional temporary license placards to	88227
be paid to the retail purchaser from the fund ~~after~~. The attorney	88228
general may require delivery of the vehicle, manufactured home,	88229
or mobile home to the attorney general prior to reimbursement from	88230
the fund. Reimbursement shall be only in such a manner as to do	88231
either of the following:	88232

(a) Reimburse the retail purchaser any money the retail	88233
purchaser actually paid and, in the case of a lender of the retail	88234
purchaser, the amount paid by the lender to purchase the contract	88235
or finance the sale of the vehicle;	88236

(b) If the retail purchaser wishes to retain the vehicle, the	88237
attorney general, in the attorney general's sole discretion, may	88238
pay a lienholder of record or other holder of a secured interest	88239
in such manner that title can be transferred to the retail	88240
purchaser free of encumbrances, other than a security interest	88241
granted by the retail purchaser at the time of vehicle purchase.	88242

(2) The attorney general, in the attorney general's sole	88243
discretion, also may cause the cost of additional temporary	88244
license placards to be paid from the fund. ~~The~~	88245

(F) The attorney general may sell or otherwise dispose of any	88246
used motor vehicle, manufactured home, or mobile home that is	88247
delivered to the attorney general under this section, and may	88248
collect the proceeds of any bond posted under division (A) of this	88249
section by a dealer who has failed to comply with division ~~(C)~~(D)	88250
of this section. The proceeds from all such sales and collections	88251
shall be deposited into the title defect recision fund for use as	88252
specified in section 1345.52 of the Revised Code.	88253

~~(E) Failure by a dealer to comply with division (A) or (B) of~~	88254
~~this section constitutes a deceptive act or practice in connection~~	88255
~~with a consumer transaction, and is a violation of section 1345.02~~	88256
~~of the Revised Code.~~	88257

~~(F)~~(G) If a dealer fails to submit payment of a secured	88258
interest on a trade-in vehicle as agreed to by the dealer and	88259
retail purchaser and none of the circumstances in divisions (B)(1)	88260
to (5) apply, the retail purchaser may apply to the attorney	88261
general for payment to the secured creditor from the fund. The	88262
attorney general shall demand immediate payment from the dealer	88263
and if payment has not been made or is not immediately	88264
forthcoming, the attorney general may cause an amount equal to	88265
that which the dealer agreed to pay to the secured creditor to be	88266
paid from the fund, along with any additional interest and late	88267
fees resulting from the dealer's failure to pay the secured	88268
creditor in a timely manner.	88269

(H) The remedy provided in this section to retail purchasers	88270
is in addition to any remedies otherwise available to the retail	88271
purchaser for the same conduct of the dealer or person acting on	88272
behalf of the dealer under federal law or the laws of this state	88273
or a political subdivision of this state.	88274

~~(G) All motor vehicle dealers licensed under Chapter 4517. of~~	88275
~~the Revised Code and manufactured housing dealers licensed under~~	88276
~~Chapter 4781. of the Revised Code shall pay to the attorney~~	88277
~~general for deposit into~~(I) If, at any time during any calendar	88278
year, the balance in the title defect recision fund ~~the amount~~	88279
~~described in division (A)(1)(b) of this section beginning with the~~	88280
~~calendar year during which this section becomes effective and each~~	88281
~~year subsequent to that year until the balance in the fund~~ is ~~not~~	88282
less than three hundred thousand dollars~~. All such dealers also~~	88283
~~shall pay to~~, the attorney general ~~for deposit into the fund that~~	88284
~~amount during any year and subsequent years during which the~~	88285
~~balance in the fund is less than three hundred thousand dollars~~	88286
may assess all motor vehicle dealers licensed under Chapter 4517.	88287
of the Revised Code and all manufactured housing dealers licensed	88288
under Chapter 4781. of the Revised Code one hundred fifty dollars	88289
for deposit into the title defect rescision fund until the balance	88290
in the fund reaches three hundred thousand dollars. A notice of	88291
assessment shall be sent to each dealer at its licensed location.	88292

If a motor vehicle dealer or manufactured housing dealer	88293
fails to comply with this division, the attorney general may bring	88294
a civil action in a court of competent jurisdiction to collect the	88295
amount the dealer failed to pay to the attorney general for	88296
deposit into the fund.	88297

(J) Nothing in this section shall be construed as providing	88298
for payment of attorney fees to the retail purchaser.	88299

(K) As used in this section:

88300

(1) "Full purchase price" means the contract price, including	88301
charges for dealer installed options and accessories, all finance,	88302
credit insurance, and service contract charges incurred by the	88303
retail purchaser, all sales tax, license and registration fees,	88304
and the amount of any negative equity that was not already paid by	88305
the dealer to a third party to satisfy a lien, as reflected in the	88306
contract.	88307

(2) "Retail purchaser" means a person, other than a motor	88308
vehicle dealer or a manufactured housing dealer, who in good faith	88309
purchases a used motor vehicle for purposes other than resale.	88310

Sec. 4506.071. On receipt of a notice pursuant to section	88311
3123.54 of the Revised Code, the registrar of motor vehicles shall	88312
comply with sections ~~3123.52~~3123.53 to ~~3123.614~~3123.60 of the	88313
Revised Code and any applicable rules adopted under section	88314
3123.63 of the Revised Code with respect to a commercial driver's	88315
license or commercial driver's temporary instruction permit issued	88316
pursuant to this chapter.	88317

Sec. 4507.111. On receipt of a notice pursuant to section	88318
3123.54 of the Revised Code, the registrar of motor vehicles shall	88319
comply with sections ~~3123.52~~3123.53 to ~~3123.614~~3123.60 of the	88320
Revised Code and any applicable rules adopted under section	88321
3123.63 of the Revised Code with respect to any driver's or	88322
commercial license or permit, motorcycle operator's license or	88323
endorsement, or temporary instruction permit or commercial	88324
driver's temporary instruction permit issued by this state that is	88325
the subject of the notice.	88326

Sec. 4507.164. (A) Except as provided in divisions (C) to	88327
(E) of this section, when the license of any person is suspended	88328
pursuant to any provision of the Revised Code other than division	88329
(G) of section 4511.19 of the Revised Code and other than section	88330
4510.07 of the Revised Code for a violation of a municipal OVI	88331
ordinance, the trial judge may impound the identification license	88332
plates of any motor vehicle registered in the name of the person.	88333

(B)(1) When the license of any person is suspended pursuant	88334
to division (G)(1)(a) of section 4511.19 of the Revised Code, or	88335
pursuant to section 4510.07 of the Revised Code for a municipal	88336
OVI offense when the suspension is equivalent in length to the	88337
suspension under division (G) of section 4511.19 of the Revised	88338
Code that is specified in this division, the trial judge of the	88339
court of record or the mayor of the mayor's court that suspended	88340
the license may impound the identification license plates of any	88341
motor vehicle registered in the name of the person.	88342

(2) When the license of any person is suspended pursuant to	88343
division (G)(1)(b) of section 4511.19 of the Revised Code, or	88344
pursuant to section 4510.07 of the Revised Code for a municipal	88345
OVI offense when the suspension is equivalent in length to the	88346
suspension under division (G) of section 4511.19 of the Revised	88347
Code that is specified in this division, the trial judge of the	88348
court of record that suspended the license shall order the	88349
impoundment of the identification license plates of the motor	88350
vehicle the offender was operating at the time of the offense and	88351
the immobilization of that vehicle in accordance with section	88352
4503.233 and division (G)(1)(b) of section 4511.19 or division	88353
~~(B)~~(C)(2)(a) of section 4511.193 of the Revised Code and may	88354
impound the identification license plates of any other motor	88355
vehicle registered in the name of the person whose license is	88356
suspended.	88357

(3) When the license of any person is suspended pursuant to	88358
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	88359
Code, or pursuant to section 4510.07 of the Revised Code for a	88360
municipal OVI offense when the suspension is equivalent in length	88361
to the suspension under division (G) of section 4511.19 of the	88362
Revised Code that is specified in this division, the trial judge	88363
of the court of record that suspended the license shall order the	88364
criminal forfeiture to the state of the motor vehicle the offender	88365
was operating at the time of the offense in accordance with	88366
section 4503.234 and division (G)(1)(c), (d), or (e) of section	88367
4511.19 or division ~~(B)~~(C)(2)(b) of section 4511.193 of the	88368
Revised Code and may impound the identification license plates of	88369
any other motor vehicle registered in the name of the person whose	88370
license is suspended.	88371

(C)(1) When a person is convicted of or pleads guilty to a	88372
violation of section 4510.14 of the Revised Code or a	88373
substantially equivalent municipal ordinance and division (B)(1)	88374
or (2) of section 4510.14 or division (C)(1) or (2) of section	88375
4510.161 of the Revised Code applies, the trial judge of the court	88376
of record or the mayor of the mayor's court that imposes sentence	88377
shall order the immobilization of the vehicle the person was	88378
operating at the time of the offense and the impoundment of its	88379
identification license plates in accordance with section 4503.233	88380
and division (B)(1) or (2) of section 4510.14 or division (C)(1)	88381
or (2) of section 4510.161 of the Revised Code and may impound the	88382
identification license plates of any other vehicle registered in	88383
the name of that person.	88384

(2) When a person is convicted of or pleads guilty to a	88385
violation of section 4510.14 of the Revised Code or a	88386
substantially equivalent municipal ordinance and division (B)(3)	88387
of section 4510.14 or division (C)(3) of section 4510.161 of the	88388
Revised Code applies, the trial judge of the court of record that	88389
imposes sentence shall order the criminal forfeiture to the state	88390
of the vehicle the person was operating at the time of the offense	88391
in accordance with section 4503.234 and division (B)(3) of section	88392
4510.14 or division (C)(3) of section 4510.161 of the Revised Code	88393
and may impound the identification license plates of any other	88394
vehicle registered in the name of that person.	88395

(D)~~(1)~~ When a person is convicted of or pleads guilty to a	88396
violation of division (A) of section 4510.16 of the Revised Code	88397
or a substantially equivalent municipal ordinance, division (B) of	88398
section 4510.16 or division (B) of section 4510.161 of the Revised	88399
Code applies in determining whether the immobilization of the	88400
vehicle the person was operating at the time of the offense and	88401
the impoundment of its identification license plates or the	88402
criminal forfeiture to the state of the vehicle the person was	88403
operating at the time of the offense is authorized or required.	88404
The trial judge of the court of record or the mayor of the mayor's	88405
court that imposes sentence may impound the identification license	88406
plates of any other vehicle registered in the name of that person.	88407

(E)(1) When a person is convicted of or pleads guilty to a	88408
violation of section 4511.203 of the Revised Code and the person	88409
is sentenced pursuant to division (C)(1) or (2) of section	88410
4511.203 of the Revised Code, the trial judge of the court of	88411
record or the mayor of the mayor's court that imposes sentence	88412
shall order the immobilization of the vehicle that was involved in	88413
the commission of the offense and the impoundment of its	88414
identification license plates in accordance with division (C)(1)	88415
or (2) of section 4511.203 and section 4503.233 of the Revised	88416
Code and may impound the identification license plates of any	88417
other vehicle registered in the name of that person.	88418

(2) When a person is convicted of or pleads guilty to a	88419
violation of section 4511.203 of the Revised Code and the person	88420
is sentenced pursuant to division (C)(3) of section 4511.203 of	88421
the Revised Code, the trial judge of the court of record or the	88422
mayor of the mayor's court that imposes sentence shall order the	88423
criminal forfeiture to the state of the vehicle that was involved	88424
in the commission of the offense in accordance with division	88425
(C)(3) of section 4511.203 and section 4503.234 of the Revised	88426
Code and may impound the identification license plates of any	88427
other vehicle registered in the name of that person.	88428

(F) Except as provided in section 4503.233 or 4503.234 of the	88429
Revised Code, when the certificate of registration, the	88430
identification license plates, or both have been impounded,	88431
division (B) of section 4507.02 of the Revised Code is applicable.	88432

(G) As used in this section, "municipal OVI offense" has the	88433
same meaning as in section 4511.181 of the Revised Code.	88434

Sec. 4507.1612. The registrar of motor vehicles shall not	88435
restore any operating privileges or reissue a probationary	88436
driver's license, restricted license, driver's license, or	88437
probationary commercial driver's license suspended under section	88438
2923.122 of the Revised Code until the person whose license was	88439
suspended pays a reinstatement fee of thirty dollars to the	88440
registrar ~~or an eligible deputy registrar. In addition, each~~	88441
~~deputy registrar shall collect a service fee of ten dollars to~~	88442
~~compensate the deputy registrar for services performed under this~~	88443
~~section. The deputy registrar shall retain eight dollars of the~~	88444
~~service fee and shall transmit the reinstatement fee, plus two~~	88445
~~dollars of the service fee, to the registrar in the manner the~~	88446
~~registrar shall determine~~.	88447

The bureau of motor vehicles shall pay all fees collected	88448
under this section into the state treasury to the credit of the	88449
state bureau of motor vehicles fund created by section 4501.25 of	88450
the Revised Code.	88451

Sec. 4507.45. If a person's driver's license, commercial	88452
driver's license, or nonresident operating privilege is suspended,	88453
disqualified, or canceled for an indefinite period of time or for	88454
a period of at least ninety days, and if at the end of the period	88455
of suspension, disqualification, or cancellation the person is	88456
eligible to have the license or privilege reinstated, the	88457
registrar of motor vehicles ~~or an eligible deputy registrar~~ shall	88458
collect a reinstatement fee of forty dollars when the person	88459
requests reinstatement. ~~In addition, each deputy registrar shall~~	88460
~~collect a service fee of ten dollars to compensate the deputy~~	88461
~~registrar for services performed under this section. The deputy~~	88462
~~registrar shall retain eight dollars of the service fee and shall~~	88463
~~transmit the reinstatement fee, plus two dollars of the service~~	88464
~~fee, to the registrar in the manner the registrar shall determine.~~	88465
However, the registrar ~~or an eligible deputy registrar~~ shall not	88466
collect the fee prescribed by this section if a different driver's	88467
license, commercial driver's license, or nonresident operating	88468
privilege reinstatement fee is prescribed by law.	88469

The registrar shall deposit ten dollars of each forty-dollar	88470
fee into the state treasury to the credit of the indigent defense	88471
support fund created by section 120.08 of the Revised Code and	88472
thirty dollars of each fee into the state treasury to the credit	88473
of the state bureau of motor vehicles fund created by section	88474
4501.25 of the Revised Code.	88475

Sec. 4509.101. (A)(1) No person shall operate, or permit the	88476
operation of, a motor vehicle in this state, unless proof of	88477
financial responsibility is maintained continuously throughout the	88478
registration period with respect to that vehicle, or, in the case	88479
of a driver who is not the owner, with respect to that driver's	88480
operation of that vehicle.	88481

(2) Whoever violates division (A)(1) of this section shall be	88482
subject to the following civil penalties:	88483

(a) Subject to divisions (A)(2)(b) and (c) of this section, a	88484
class E suspension of the person's driver's license, commercial	88485
driver's license, temporary instruction permit, probationary	88486
license, or nonresident operating privilege for the period of time	88487
specified in division (B)(5) of section 4510.02 of the Revised	88488
Code and impoundment of the person's license. The court may grant	88489
limited driving privileges to the person only if the person	88490
presents proof of financial responsibility and has complied with	88491
division (A)(5) of this section.	88492

(b) If, within five years of the violation, the person's	88493
operating privileges are again suspended and the person's license	88494
again is impounded for a violation of division (A)(1) of this	88495
section, a class C suspension of the person's driver's license,	88496
commercial driver's license, temporary instruction permit,	88497
probationary license, or nonresident operating privilege for the	88498
period of time specified in division (B)(3) of section 4510.02 of	88499
the Revised Code. The court may grant limited driving privileges	88500
to the person only if the person presents proof of financial	88501
responsibility and has complied with division (A)(5) of this	88502
section, and no court may grant limited driving privileges for the	88503
first fifteen days of the suspension.	88504

(c) If, within five years of the violation, the person's	88505
operating privileges are suspended and the person's license is	88506
impounded two or more times for a violation of division (A)(1) of	88507
this section, a class B suspension of the person's driver's	88508
license, commercial driver's license, temporary instruction	88509
permit, probationary license, or nonresident operating privilege	88510
for the period of time specified in division (B)(2) of section	88511
4510.02 of the Revised Code. No court may grant limited driving	88512
privileges during the suspension.	88513

(d) In addition to the suspension of an owner's license under	88514
division (A)(2)(a), (b), or (c) of this section, the suspension of	88515
the rights of the owner to register the motor vehicle and the	88516
impoundment of the owner's certificate of registration and license	88517
plates until the owner complies with division (A)(5) of this	88518
section.	88519

(3) A person to whom this state has issued a certificate of	88520
registration for a motor vehicle or a license to operate a motor	88521
vehicle or who is determined to have operated any motor vehicle or	88522
permitted the operation in this state of a motor vehicle owned by	88523
the person shall be required to verify the existence of proof of	88524
financial responsibility covering the operation of the motor	88525
vehicle or the person's operation of the motor vehicle under any	88526
of the following circumstances:	88527

(a) The person or a motor vehicle owned by the person is	88528
involved in a traffic accident that requires the filing of an	88529
accident report under section 4509.06 of the Revised Code.	88530

(b) The person receives a traffic ticket indicating that	88531
proof of the maintenance of financial responsibility was not	88532
produced upon the request of a peace officer or state highway	88533
patrol trooper made in accordance with division (D)(2) of this	88534
section.	88535

(c) Whenever, in accordance with rules adopted by the	88536
registrar, the person is randomly selected by the registrar and	88537
requested to provide such verification.	88538

(4) An order of the registrar that suspends and impounds a	88539
license or registration, or both, shall state the date on or	88540
before which the person is required to surrender the person's	88541
license or certificate of registration and license plates. The	88542
person is deemed to have surrendered the license or certificate of	88543
registration and license plates, in compliance with the order, if	88544
the person does either of the following:	88545

(a) On or before the date specified in the order, personally	88546
delivers the license or certificate of registration and license	88547
plates, or causes the delivery of the items, to the registrar;	88548

(b) Mails the license or certificate of registration and	88549
license plates to the registrar in an envelope or container	88550
bearing a postmark showing a date no later than the date specified	88551
in the order.	88552

(5) Except as provided in division (A)(6) or (L) of this	88553
section, the registrar shall not restore any operating privileges	88554
or registration rights suspended under this section, return any	88555
license, certificate of registration, or license plates impounded	88556
under this section, or reissue license plates under section	88557
4503.232 of the Revised Code, if the registrar destroyed the	88558
impounded license plates under that section, or reissue a license	88559
under section 4510.52 of the Revised Code, if the registrar	88560
destroyed the suspended license under that section, unless the	88561
rights are not subject to suspension or revocation under any other	88562
law and unless the person, in addition to complying with all other	88563
conditions required by law for reinstatement of the operating	88564
privileges or registration rights, complies with all of the	88565
following:	88566

(a) Pays to the registrar ~~or an eligible deputy registrar~~ a	88567
financial responsibility reinstatement fee of one hundred dollars	88568
for the first violation of division (A)(1) of this section, three	88569
hundred dollars for a second violation of that division, and six	88570
hundred dollars for a third or subsequent violation of that	88571
division;	88572

(b) If the person has not voluntarily surrendered the	88573
license, certificate, or license plates in compliance with the	88574
order, pays to the registrar ~~or an eligible deputy registrar~~ a	88575
financial responsibility nonvoluntary compliance fee in an amount,	88576
not to exceed fifty dollars, determined by the registrar;	88577

(c) Files and continuously maintains proof of financial	88578
responsibility under sections 4509.44 to 4509.65 of the Revised	88579
Code;	88580

~~(d) Pays a deputy registrar a service fee of ten dollars to~~	88581
~~compensate the deputy registrar for services performed under this~~	88582
~~section. The deputy registrar shall retain eight dollars of the~~	88583
~~service fee and shall transmit the reinstatement fee, any~~	88584
~~nonvoluntary compliance fee, and two dollars of the service fee to~~	88585
~~the registrar in the manner the registrar shall determine~~.	88586

(6) If the registrar issues an order under division (A)(2) of	88587
this section resulting from the failure of a person to respond to	88588
a financial responsibility random verification request under	88589
division (A)(3)(c) of this section and the person successfully	88590
maintains an affirmative defense to a violation of section 4510.16	88591
of the Revised Code or is determined by the registrar or a deputy	88592
registrar to have been in compliance with division (A)(1) of this	88593
section at the time of the initial financial responsibility random	88594
verification request, the registrar shall do both of the	88595
following:	88596

(a) Terminate the order of suspension or impoundment;

88597

(b) Restore the operating privileges and registration rights	88598
of the person without payment of the fees established in divisions	88599
(A)(5)(a) and (b) of this section and without a requirement to	88600
file proof of financial responsibility.	88601

(B)(1) Every party required to file an accident report under	88602
section 4509.06 of the Revised Code also shall include with the	88603
report a document described in division (G)(1) of this section.	88604

If the registrar determines, within forty-five days after the	88605
report is filed, that an operator or owner has violated division	88606
(A)(1) of this section, the registrar shall do all of the	88607
following:	88608

(a) Order the impoundment, with respect to the motor vehicle	88609
involved, required under division (A)(2)(d) of this section, of	88610
the certificate of registration and license plates of any owner	88611
who has violated division (A)(1) of this section;	88612

(b) Order the suspension required under division (A)(2)(a),	88613
(b), or (c) of this section of the license of any operator or	88614
owner who has violated division (A)(1) of this section;	88615

(c) Record the name and address of the person whose	88616
certificate of registration and license plates have been impounded	88617
or are under an order of impoundment, or whose license has been	88618
suspended or is under an order of suspension; the serial number of	88619
the person's license; the serial numbers of the person's	88620
certificate of registration and license plates; and the person's	88621
social security account number, if assigned, or, where the motor	88622
vehicle is used for hire or principally in connection with any	88623
established business, the person's federal taxpayer identification	88624
number. The information shall be recorded in such a manner that it	88625
becomes a part of the person's permanent record, and assists the	88626
registrar in monitoring compliance with the orders of suspension	88627
or impoundment.	88628

(d) Send written notification to every person to whom the	88629
order pertains, at the person's last known address as shown on the	88630
records of the bureau. The person, within ten days after the date	88631
of the mailing of the notification, shall surrender to the	88632
registrar, in a manner set forth in division (A)(4) of this	88633
section, any certificate of registration and registration plates	88634
under an order of impoundment, or any license under an order of	88635
suspension.	88636

(2) The registrar shall issue any order under division (B)(1)	88637
of this section without a hearing. Any person adversely affected	88638
by the order, within ten days after the issuance of the order, may	88639
request an administrative hearing before the registrar, who shall	88640
provide the person with an opportunity for a hearing in accordance	88641
with this paragraph. A request for a hearing does not operate as a	88642
suspension of the order. The scope of the hearing shall be limited	88643
to whether the person in fact demonstrated to the registrar proof	88644
of financial responsibility in accordance with this section. The	88645
registrar shall determine the date, time, and place of any	88646
hearing, provided that the hearing shall be held, and an order	88647
issued or findings made, within thirty days after the registrar	88648
receives a request for a hearing. If requested by the person in	88649
writing, the registrar may designate as the place of hearing the	88650
county seat of the county in which the person resides or a place	88651
within fifty miles of the person's residence. The person shall pay	88652
the cost of the hearing before the registrar, if the registrar's	88653
order of suspension or impoundment is upheld.	88654

(C) Any order of suspension or impoundment issued under this	88655
section or division (B) of section 4509.37 of the Revised Code may	88656
be terminated at any time if the registrar determines upon a	88657
showing of proof of financial responsibility that the operator or	88658
owner of the motor vehicle was in compliance with division (A)(1)	88659
of this section at the time of the traffic offense, motor vehicle	88660
inspection, or accident that resulted in the order against the	88661
person. A determination may be made without a hearing. This	88662
division does not apply unless the person shows good cause for the	88663
person's failure to present satisfactory proof of financial	88664
responsibility to the registrar prior to the issuance of the	88665
order.	88666

(D)(1) For the purpose of enforcing this section, every peace	88667
officer is deemed an agent of the registrar.	88668

(a) Except as provided in division (D)(1)(b) of this section,	88669
any peace officer who, in the performance of the peace officer's	88670
duties as authorized by law, becomes aware of a person whose	88671
license is under an order of suspension, or whose certificate of	88672
registration and license plates are under an order of impoundment,	88673
pursuant to this section, may confiscate the license, certificate	88674
of registration, and license plates, and return them to the	88675
registrar.	88676

(b) Any peace officer who, in the performance of the peace	88677
officer's duties as authorized by law, becomes aware of a person	88678
whose license is under an order of suspension, or whose	88679
certificate of registration and license plates are under an order	88680
of impoundment resulting from failure to respond to a financial	88681
responsibility random verification, shall not, for that reason,	88682
arrest the owner or operator or seize the vehicle or license	88683
plates. Instead, the peace officer shall issue a citation for a	88684
violation of section 4510.16 of the Revised Code specifying the	88685
circumstances as failure to respond to a financial responsibility	88686
random verification.	88687

(2) A peace officer shall request the owner or operator of a	88688
motor vehicle to produce proof of financial responsibility in a	88689
manner described in division (G) of this section at the time the	88690
peace officer acts to enforce the traffic laws of this state and	88691
during motor vehicle inspections conducted pursuant to section	88692
4513.02 of the Revised Code.	88693

(3) A peace officer shall indicate on every traffic ticket	88694
whether the person receiving the traffic ticket produced proof of	88695
the maintenance of financial responsibility in response to the	88696
officer's request under division (D)(2) of this section. The peace	88697
officer shall inform every person who receives a traffic ticket	88698
and who has failed to produce proof of the maintenance of	88699
financial responsibility that the person must submit proof to the	88700
traffic violations bureau with any payment of a fine and costs for	88701
the ticketed violation or, if the person is to appear in court for	88702
the violation, the person must submit proof to the court.	88703

(4)(a) If a person who has failed to produce proof of the	88704
maintenance of financial responsibility appears in court for a	88705
ticketed violation, the court may permit the defendant to present	88706
evidence of proof of financial responsibility to the court at such	88707
time and in such manner as the court determines to be necessary or	88708
appropriate. In a manner prescribed by the registrar, the clerk of	88709
courts shall provide the registrar with the identity of any person	88710
who fails to submit proof of the maintenance of financial	88711
responsibility pursuant to division (D)(3) of this section.	88712

(b) If a person who has failed to produce proof of the	88713
maintenance of financial responsibility also fails to submit that	88714
proof to the traffic violations bureau with payment of a fine and	88715
costs for the ticketed violation, the traffic violations bureau,	88716
in a manner prescribed by the registrar, shall notify the	88717
registrar of the identity of that person.	88718

(5)(a) Upon receiving notice from a clerk of courts or	88719
traffic violations bureau pursuant to division (D)(4) of this	88720
section, the registrar shall order the suspension of the license	88721
of the person required under division (A)(2)(a), (b), or (c) of	88722
this section and the impoundment of the person's certificate of	88723
registration and license plates required under division (A)(2)(d)	88724
of this section, effective thirty days after the date of the	88725
mailing of notification. The registrar also shall notify the	88726
person that the person must present the registrar with proof of	88727
financial responsibility in accordance with this section,	88728
surrender to the registrar the person's certificate of	88729
registration, license plates, and license, or submit a statement	88730
subject to section 2921.13 of the Revised Code that the person did	88731
not operate or permit the operation of the motor vehicle at the	88732
time of the offense. Notification shall be in writing and shall be	88733
sent to the person at the person's last known address as shown on	88734
the records of the bureau of motor vehicles. The person, within	88735
fifteen days after the date of the mailing of notification, shall	88736
present proof of financial responsibility, surrender the	88737
certificate of registration, license plates, and license to the	88738
registrar in a manner set forth in division (A)(4) of this	88739
section, or submit the statement required under this section	88740
together with other information the person considers appropriate.	88741

If the registrar does not receive proof or the person does	88742
not surrender the certificate of registration, license plates, and	88743
license, in accordance with this division, the registrar shall	88744
permit the order for the suspension of the license of the person	88745
and the impoundment of the person's certificate of registration	88746
and license plates to take effect.	88747

(b) In the case of a person who presents, within the	88748
fifteen-day period, documents to show proof of financial	88749
responsibility, the registrar shall terminate the order of	88750
suspension and the impoundment of the registration and license	88751
plates required under division (A)(2)(d) of this section and shall	88752
send written notification to the person, at the person's last	88753
known address as shown on the records of the bureau.	88754

(c) Any person adversely affected by the order of the	88755
registrar under division (D)(5)(a) or (b) of this section, within	88756
ten days after the issuance of the order, may request an	88757
administrative hearing before the registrar, who shall provide the	88758
person with an opportunity for a hearing in accordance with this	88759
paragraph. A request for a hearing does not operate as a	88760
suspension of the order. The scope of the hearing shall be limited	88761
to whether, at the time of the hearing, the person presents proof	88762
of financial responsibility covering the vehicle and whether the	88763
person is eligible for an exemption in accordance with this	88764
section or any rule adopted under it. The registrar shall	88765
determine the date, time, and place of any hearing; provided, that	88766
the hearing shall be held, and an order issued or findings made,	88767
within thirty days after the registrar receives a request for a	88768
hearing. If requested by the person in writing, the registrar may	88769
designate as the place of hearing the county seat of the county in	88770
which the person resides or a place within fifty miles of the	88771
person's residence. Such person shall pay the cost of the hearing	88772
before the registrar, if the registrar's order of suspension or	88773
impoundment under division (D)(5)(a) or (b) of this section is	88774
upheld.	88775

(6) A peace officer may charge an owner or operator of a	88776
motor vehicle with a violation of section 4510.16 of the Revised	88777
Code when the owner or operator fails to show proof of the	88778
maintenance of financial responsibility pursuant to a peace	88779
officer's request under division (D)(2) of this section, if a	88780
check of the owner or operator's driving record indicates that the	88781
owner or operator, at the time of the operation of the motor	88782
vehicle, is required to file and maintain proof of financial	88783
responsibility under section 4509.45 of the Revised Code for a	88784
previous violation of this chapter.	88785

(7) Any forms used by law enforcement agencies in	88786
administering this section shall be prescribed, supplied, and paid	88787
for by the registrar.	88788

(8) No peace officer, law enforcement agency employing a	88789
peace officer, or political subdivision or governmental agency	88790
that employs a peace officer shall be liable in a civil action for	88791
damages or loss to persons arising out of the performance of any	88792
duty required or authorized by this section.	88793

(9) As used in this division and divisions (E) and (G) of	88794
this section, "peace officer" has the meaning set forth in section	88795
2935.01 of the Revised Code.	88796

(E) All fees, except court costs~~, fees paid to a deputy~~	88797
~~registrar,~~ and those portions of the financial responsibility	88798
reinstatement fees as otherwise specified in this division,	88799
collected under this section shall be paid into the state treasury	88800
to the credit of the financial responsibility compliance fund. The	88801
financial responsibility compliance fund shall be used exclusively	88802
to cover costs incurred by the bureau in the administration of	88803
this section and sections 4503.20, 4507.212, and 4509.81 of the	88804
Revised Code, and by any law enforcement agency employing any	88805
peace officer who returns any license, certificate of	88806
registration, and license plates to the registrar pursuant to	88807
division (C) of this section, except that the director of budget	88808
and management may transfer excess money from the financial	88809
responsibility compliance fund to the state bureau of motor	88810
vehicles fund if the registrar determines that the amount of money	88811
in the financial responsibility compliance fund exceeds the amount	88812
required to cover such costs incurred by the bureau or a law	88813
enforcement agency and requests the director to make the transfer.	88814

Of each financial responsibility reinstatement fee the	88815
registrar collects pursuant to division (A)(5)(a) of this section	88816
~~or receives from a deputy registrar under division (A)(5)(d) of~~	88817
~~this section~~, the registrar shall deposit twenty-five dollars of	88818
each one-hundred-dollar reinstatement fee, fifty dollars of each	88819
three-hundred-dollar reinstatement fee, and one hundred dollars of	88820
each six-hundred-dollar reinstatement fee into the state treasury	88821
to the credit of the indigent defense support fund created by	88822
section 120.08 of the Revised Code.	88823

All investment earnings of the financial responsibility	88824
compliance fund shall be credited to the fund.	88825

(F) Chapter 119. of the Revised Code applies to this section	88826
only to the extent that any provision in that chapter is not	88827
clearly inconsistent with this section.	88828

(G)(1) The registrar, court, traffic violations bureau, or	88829
peace officer may require proof of financial responsibility to be	88830
demonstrated by use of a standard form prescribed by the	88831
registrar. If the use of a standard form is not required, a person	88832
may demonstrate proof of financial responsibility under this	88833
section by presenting to the traffic violations bureau, court,	88834
registrar, or peace officer any of the following documents or a	88835
copy of the documents:	88836

(a) A financial responsibility identification card as	88837
provided in section 4509.103 of the Revised Code;	88838

(b) A certificate of proof of financial responsibility on a	88839
form provided and approved by the registrar for the filing of an	88840
accident report required to be filed under section 4509.06 of the	88841
Revised Code;	88842

(c) A policy of liability insurance, a declaration page of a	88843
policy of liability insurance, or liability bond, if the policy or	88844
bond complies with section 4509.20 or sections 4509.49 to 4509.61	88845
of the Revised Code;	88846

(d) A bond or certification of the issuance of a bond as	88847
provided in section 4509.59 of the Revised Code;	88848

(e) A certificate of deposit of money or securities as	88849
provided in section 4509.62 of the Revised Code;	88850

(f) A certificate of self-insurance as provided in section	88851
4509.72 of the Revised Code.	88852

(2) If a person fails to demonstrate proof of financial	88853
responsibility in a manner described in division (G)(1) of this	88854
section, the person may demonstrate proof of financial	88855
responsibility under this section by any other method that the	88856
court or the bureau, by reason of circumstances in a particular	88857
case, may consider appropriate.	88858

(3) A motor carrier certificated by the interstate commerce	88859
commission or by the public utilities commission may demonstrate	88860
proof of financial responsibility by providing a statement	88861
designating the motor carrier's operating authority and averring	88862
that the insurance coverage required by the certificating	88863
authority is in full force and effect.	88864

(4)(a) A finding by the registrar or court that a person is	88865
covered by proof of financial responsibility in the form of an	88866
insurance policy or surety bond is not binding upon the named	88867
insurer or surety or any of its officers, employees, agents, or	88868
representatives and has no legal effect except for the purpose of	88869
administering this section.	88870

(b) The preparation and delivery of a financial	88871
responsibility identification card or any other document	88872
authorized to be used as proof of financial responsibility under	88873
this division does not do any of the following:	88874

(i) Create any liability or estoppel against an insurer or	88875
surety, or any of its officers, employees, agents, or	88876
representatives;	88877

(ii) Constitute an admission of the existence of, or of any	88878
liability or coverage under, any policy or bond;	88879

(iii) Waive any defenses or counterclaims available to an	88880
insurer, surety, agent, employee, or representative in an action	88881
commenced by an insured or third-party claimant upon a cause of	88882
action alleged to have arisen under an insurance policy or surety	88883
bond or by reason of the preparation and delivery of a document	88884
for use as proof of financial responsibility.	88885

(c) Whenever it is determined by a final judgment in a	88886
judicial proceeding that an insurer or surety, which has been	88887
named on a document accepted by a court or the registrar as proof	88888
of financial responsibility covering the operation of a motor	88889
vehicle at the time of an accident or offense, is not liable to	88890
pay a judgment for injuries or damages resulting from such	88891
operation, the registrar, notwithstanding any previous contrary	88892
finding, shall forthwith suspend the operating privileges and	88893
registration rights of the person against whom the judgment was	88894
rendered as provided in division (A)(2) of this section.	88895

(H) In order for any document described in division (G)(1)(b)	88896
of this section to be used for the demonstration of proof of	88897
financial responsibility under this section, the document shall	88898
state the name of the insured or obligor, the name of the insurer	88899
or surety company, and the effective and expiration dates of the	88900
financial responsibility, and designate by explicit description or	88901
by appropriate reference all motor vehicles covered which may	88902
include a reference to fleet insurance coverage.	88903

(I) For purposes of this section, "owner" does not include a	88904
licensed motor vehicle leasing dealer as defined in section	88905
4517.01 of the Revised Code, but does include a motor vehicle	88906
renting dealer as defined in section 4549.65 of the Revised Code.	88907
Nothing in this section or in section 4509.51 of the Revised Code	88908
shall be construed to prohibit a motor vehicle renting dealer from	88909
entering into a contractual agreement with a person whereby the	88910
person renting the motor vehicle agrees to be solely responsible	88911
for maintaining proof of financial responsibility, in accordance	88912
with this section, with respect to the operation, maintenance, or	88913
use of the motor vehicle during the period of the motor vehicle's	88914
rental.	88915

(J) The purpose of this section is to require the maintenance	88916
of proof of financial responsibility with respect to the operation	88917
of motor vehicles on the highways of this state, so as to minimize	88918
those situations in which persons are not compensated for injuries	88919
and damages sustained in motor vehicle accidents. The general	88920
assembly finds that this section contains reasonable civil	88921
penalties and procedures for achieving this purpose.	88922

(K) Nothing in this section shall be construed to be subject	88923
to section 4509.78 of the Revised Code.	88924

(L)(1) The registrar may terminate any suspension imposed	88925
under this section and not require the owner to comply with	88926
divisions (A)(5)(a), (b), and (c) of this section if the registrar	88927
with or without a hearing determines that the owner of the vehicle	88928
has established by clear and convincing evidence that all of the	88929
following apply:	88930

(a) The owner customarily maintains proof of financial	88931
responsibility.	88932

(b) Proof of financial responsibility was not in effect for	88933
the vehicle on the date in question for one of the following	88934
reasons:	88935

(i) The vehicle was inoperable.

88936

(ii) The vehicle is operated only seasonally, and the date in	88937
question was outside the season of operation.	88938

(iii) A person other than the vehicle owner or driver was at	88939
fault for the lapse of proof of financial responsibility through	88940
no fault of the owner or driver.	88941

(iv) The lapse of proof of financial responsibility was	88942
caused by excusable neglect under circumstances that are not	88943
likely to recur and do not suggest a purpose to evade the	88944
requirements of this chapter.	88945

(2) The registrar may grant an owner or driver relief for a	88946
reason specified in division (L)(1)(b)(i) or (ii) of this section	88947
whenever the owner or driver is randomly selected to verify the	88948
existence of proof of financial responsibility for such a vehicle.	88949
However, the registrar may grant an owner or driver relief for a	88950
reason specified in division (L)(1)(b)(iii) or (iv) of this	88951
section only if the owner or driver has not previously been	88952
granted relief under division (L)(1)(b)(iii) or (iv) of this	88953
section.	88954

(M) The registrar shall adopt rules in accordance with	88955
Chapter 119. of the Revised Code that are necessary to administer	88956
and enforce this section. The rules shall include procedures for	88957
the surrender of license plates upon failure to maintain proof of	88958
financial responsibility and provisions relating to reinstatement	88959
of registration rights, acceptable forms of proof of financial	88960
responsibility, and verification of the existence of financial	88961
responsibility during the period of registration.	88962

Sec. 4509.81. (A) Upon receipt of a notification of	88963
violation as provided in division (C) of section 4509.80 of the	88964
Revised Code; upon failure of a timely surrender of the livery	88965
license plate sticker as required by division (D) of section	88966
4509.80 of the Revised Code; or if the registrar of motor	88967
vehicles, upon receipt of notification from an insurer of the	88968
imminent cancellation or termination of coverage required by	88969
section 4509.80 of the Revised Code, fails to receive evidence of	88970
a continuation or substitution of coverage prior to the	88971
cancellation or termination date, the registrar shall order the	88972
immediate suspension of the rights of the owner of the chauffeured	88973
limousine described in the notice to register the limousine and	88974
the impoundment of the certificate of registration and	88975
registration plates for the limousine. The registrar shall notify	88976
the owner that the owner must surrender the certificate of	88977
registration and registration plates to the registrar. The	88978
notification shall be in writing and sent to the owner at the	88979
owner's last known address as shown in the records of the bureau	88980
of motor vehicles. Proceedings under this section are deemed	88981
special, summary statutory proceedings.	88982

(B) The order of suspension and impoundment of a registration	88983
shall state the date on or before which the owner of the	88984
chauffeured limousine involved is required to surrender the	88985
certificate of registration and registration plates to the	88986
registrar. The owner shall be deemed to have surrendered the	88987
certificate of registration and registration plates if the owner	88988
causes the items to be delivered to the registrar on or before the	88989
date specified in the order or mails the items to the registrar in	88990
an envelope or container bearing a postmark showing a date no	88991
later than the date specified in the order.	88992

(C) The registrar shall not restore any registration rights	88993
suspended under this section, return any certificate of	88994
registration or registration plates impounded under this section,	88995
or reissue registration plates under section 4503.232 of the	88996
Revised Code, if the registrar destroyed the impounded	88997
registration plates under that section, unless those rights are	88998
not subject to suspension under any other law and unless the owner	88999
complies with both of the following:	89000

(1) Pays to the registrar ~~or an eligible deputy registrar~~ a	89001
financial responsibility reinstatement fee of thirty dollars. The	89002
reinstatement fee may be increased, upon approval of the	89003
controlling board, up to an amount not exceeding fifty dollars. In	89004
~~addition, pays a service fee of ten dollars to each deputy~~	89005
~~registrar to compensate the deputy registrar for services~~	89006
~~performed under this section. The deputy registrar shall retain~~	89007
~~eight dollars of the service fee and shall transmit the~~	89008
~~reinstatement fee and two dollars of the service fee to the~~	89009
~~registrar in the manner the registrar shall determine.~~	89010

(2) Files and maintains proof of financial responsibility	89011
under section 4509.80 of the Revised Code.	89012

(D) Any owner adversely affected by the order of the	89013
registrar under this section ~~may~~, within ten days after the	89014
issuance of the order, may request an administrative hearing	89015
before the registrar, who shall provide the owner with an	89016
opportunity for a hearing in accordance with this division. A	89017
request for a hearing does not operate as a suspension of the	89018
order unless the owner establishes to the satisfaction of the	89019
registrar that the operation of the owner's chauffeured limousine	89020
will be covered by proof of financial responsibility during the	89021
pendency of the appeal. The scope of the hearing shall be limited	89022
to whether the owner in fact demonstrated to the registrar proof	89023
of financial responsibility in accordance with section 4509.80 of	89024
the Revised Code. The registrar shall determine the date, time,	89025
and place of any hearing, provided that the hearing shall be held	89026
and an order issued or findings made within thirty days after the	89027
registrar receives a request for a hearing. If requested by the	89028
owner in writing, the registrar may designate as the place of	89029
hearing the county seat of the county in which the owner resides	89030
or a place within fifty miles of the owner's residence. The owner	89031
shall pay the cost of the hearing before the registrar, if the	89032
registrar's order of suspension or impoundment is upheld.	89033

(E) Any order of suspension or impoundment issued under this	89034
section may be terminated at any time if the registrar determines	89035
upon a showing of proof of financial responsibility that the owner	89036
of the limousine was in compliance with section 4509.80 of the	89037
Revised Code at the time of the incident that resulted in the	89038
order against the owner. Such a determination may be made without	89039
a hearing.	89040

(F) All fees ~~except the two dollar service fee transmitted to~~	89041
~~the registrar by a deputy registrar,~~ that are collected by the	89042
registrar ~~or transmitted to the registrar~~ under this section shall	89043
be paid into the state treasury to the credit of the financial	89044
responsibility compliance fund created by section 4509.101 of the	89045
Revised Code.	89046

(G) Chapter 119. of the Revised Code applies to this section	89047
only to the extent that any provision in that chapter is not	89048
clearly inconsistent with this section.	89049

(H)(1) Proof of financial responsibility may be demonstrated	89050
by any of the methods authorized in section 4509.80 of the Revised	89051
Code.	89052

(2) Divisions (G)(4)(a) and (b) of section 4509.101 of the	89053
Revised Code apply to any finding by the registrar under this	89054
section that an owner is covered by proof of financial	89055
responsibility.	89056

Sec. 4510.10. (A) As used in this section, "reinstatement	89057
fees" means the fees that are required under section 4507.1612,	89058
4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or any other	89059
provision of the Revised Code, or under a schedule established by	89060
the bureau of motor vehicles, in order to reinstate a driver's or	89061
commercial driver's license or permit or nonresident operating	89062
privilege of an offender under a suspension.	89063

(B) Reinstatement fees are those fees that compensate the	89064
bureau of motor vehicles for suspensions, cancellations, or	89065
disqualifications of a person's driving privileges and to	89066
compensate the bureau and other agencies in their administration	89067
of programs intended to reduce and eliminate threats to public	89068
safety through education, treatment, and other activities. The	89069
registrar of motor vehicles shall not reinstate a driver's or	89070
commercial driver's license or permit or nonresident operating	89071
privilege of a person until the person has paid all reinstatement	89072
fees and has complied with all conditions for each suspension,	89073
cancellation, or disqualification incurred by that person.	89074

(C) When a municipal court or county court determines in a	89075
pending case involving an offender that the offender cannot	89076
reasonably pay reinstatement fees due and owing by the offender	89077
relative to one or more suspensions that have been or will be	89078
imposed by the bureau of motor vehicles or by a court of this	89079
state, the court, by order, may undertake an installment payment	89080
plan or a payment extension plan for the payment of reinstatement	89081
fees due and owing to the bureau in that pending case. The court	89082
shall establish an installment payment plan or a payment extension	89083
plan under this division in accordance with the requirements of	89084
divisions (D)(1) and (2) of this section.	89085

(D) Independent of the provisions of division (C) of this	89086
section, an offender who cannot reasonably pay reinstatement fees	89087
due and owing by the offender relative to a suspension that has	89088
been imposed on the offender may file a petition in the municipal	89089
court, county court, or, if the person is under the age of	89090
eighteen, the juvenile division of the court of common pleas in	89091
whose jurisdiction the person resides or, if the person is not a	89092
resident of this state, in the Franklin county municipal court or	89093
juvenile division of the Franklin county court of common pleas for	89094
an order that does either of the following, in order of	89095
preference:	89096

(1) Establishes a reasonable payment plan of not less than	89097
fifty dollars per month, to be paid by the offender to the	89098
registrar of motor vehicles ~~or an eligible deputy registrar~~, in	89099
all succeeding months until all reinstatement fees required of the	89100
offender are paid in full. ~~If the person is making payments to a~~	89101
~~deputy registrar, the deputy registrar shall collect a service fee~~	89102
~~of ten dollars each time the deputy registrar collects a payment~~	89103
~~to compensate the deputy registrar for services performed under~~	89104
~~this section. The deputy registrar shall retain eight dollars of~~	89105
~~the service fee and shall transmit the reinstatement payments,~~	89106
~~plus two dollars of each service fee, to the registrar in the~~	89107
~~manner the registrar shall determine.~~	89108

(2) If the offender, but for the payment of the reinstatement	89109
fees, otherwise would be entitled to operate a vehicle in this	89110
state or to obtain reinstatement of the offender's operating	89111
privileges, permits the offender to operate a motor vehicle, as	89112
authorized by the court, until a future date upon which date all	89113
reinstatement fees must be paid in full. A payment extension	89114
granted under this division shall not exceed one hundred eighty	89115
days, and any operating privileges granted under this division	89116
shall be solely for the purpose of permitting the offender	89117
occupational or "family necessity" privileges in order to enable	89118
the offender to reasonably acquire the delinquent reinstatement	89119
fees due and owing.	89120

(E) If a municipal court, county court, or juvenile division	89121
enters an order of the type described in division (C) or division	89122
(D)(1) or (2) of this section, the court, at any time after the	89123
issuance of the order, may determine that a change of	89124
circumstances has occurred and may amend the order as justice	89125
requires, provided that the amended order also shall be an order	89126
that is permitted under division (C) or division (D)(1) or (2) of	89127
this section.	89128

(F) If a court enters an order of the type described in	89129
division (C), (D)(1), (D)(2), or (E) of this section, during the	89130
pendency of the order, the offender in relation to whom it applies	89131
is not subject to prosecution for failing to pay the reinstatement	89132
fees covered by the order.	89133

(G) Reinstatement fees are debts that may be discharged in	89134
bankruptcy.	89135

(H)(1)(a) The registrar, in accordance with Chapter 119. of	89136
the Revised Code, shall adopt rules establishing a reinstatement	89137
fee payment pilot program not later than January 1, 2013. The	89138
pilot program shall permit the registrar, with the approval of the	89139
director of public safety, to designate at least one but not more	89140
than three clerks of a municipal court or county court to collect	89141
reinstatement fees and processing fees on behalf of the registrar.	89142
The rules shall specify all of the following:	89143

(i) The reinstatement and processing fees that the clerk may	89144
collect under the program;	89145

(ii) Minimum standards the clerk is required to meet and	89146
maintain;	89147

(iii) Terms of the contract between the registrar and the	89148
clerk;	89149

(iv) The amount of bond that will be required of the clerk;

89150

(v) Requirements for employees and facilities of the clerk;

89151

(vi) Any other requirements as the registrar may prescribe.

89152

(b) In addition to the reinstatement and processing fees the	89153
clerk collects on behalf of the registrar, the clerk may collect a	89154
service fee of ten dollars. If the clerk collects such a service	89155
fee, the clerk shall collect only one service fee irrespective of	89156
the number of reinstatement and processing fees the clerk collects	89157
at any one time relative to one person. The clerk shall retain	89158
eight dollars of each service fee for the clerk's services and	89159
shall transmit the reinstatement and processing fees and the	89160
remaining two dollars of each service fee to the registrar. The	89161
registrar shall deposit the two dollars of each service fee the	89162
registrar receives from a clerk under division (H)(1)(b) of this	89163
section into the state bureau of motor vehicles fund created in	89164
section 4501.25 of the Revised Code. The rules may require a clerk	89165
who collects a reinstatement or processing fee also to collect any	89166
other valid reinstatement documents or other evidence that is	89167
submitted with the payment of the reinstatement or processing fee.	89168
The rules shall specify the time and manner in which the clerk	89169
shall transmit the fees, documents, and evidence to the registrar	89170
for final approval and clearance, as appropriate.	89171

(2) The registrar shall evaluate the effectiveness of the	89172
reinstatement fee payment pilot program for a period not to exceed	89173
one year. After completion of the evaluation, if the registrar	89174
determines that the pilot program was a success, the registrar,	89175
with the approval of the director, shall adopt any amendments to	89176
the rules adopted under division (H)(1)(a) of this section based	89177
on the evaluation that are necessary to make the pilot program	89178
permanent and to expand the pilot program as described in division	89179
(H)(2) of this section. At a minimum, the amended rules shall	89180
require the registrar to make reasonable attempts to contract with	89181
at least one clerk of a municipal or county court in each county	89182
to collect reinstatement, processing, and service fees on behalf	89183
of the registrar unless a reinstatement office already exists in	89184
that county or the registrar determines that it is not practical	89185
to enter into such a contract with a clerk of a municipal or	89186
county court in a particular county.	89187

(3) A clerk of a municipal or county court who collects	89188
reinstatement fees, processing fees, service fees, and	89189
reinstatement documents or evidence under division (H) of this	89190
section and the applicable rules may issue an order that permits a	89191
person to operate a motor vehicle for a period not exceeding	89192
thirty days pending the registrar's final determination of whether	89193
all reinstatement requirements have been met or if additional	89194
reinstatement requirements must be met before the suspension may	89195
be terminated or the reinstatement may be entered. The registrar	89196
shall send a written notice of the registrar's final determination	89197
to the person at the person's last known address as shown in the	89198
records of the bureau.	89199

Sec. 4510.22. (A) If a person who has a current valid Ohio	89200
driver's, commercial driver's license, or temporary instruction	89201
permit is charged with a violation of any provision in sections	89202
4511.01 to 4511.76, 4511.84, 4513.01 to 4513.65, or 4549.01 to	89203
4549.65 of the Revised Code that is classified as a misdemeanor of	89204
the first, second, third, or fourth degree or with a violation of	89205
any substantially equivalent municipal ordinance and if the person	89206
either fails to appear in court at the required time and place to	89207
answer the charge or pleads guilty to or is found guilty of the	89208
violation and fails within the time allowed by the court to pay	89209
the fine imposed by the court, the court shall declare the	89210
forfeiture of the person's license. Thirty days after the	89211
declaration of forfeiture, the court shall inform the registrar of	89212
motor vehicles of the forfeiture by entering information relative	89213
to the forfeiture on a form approved and furnished by the	89214
registrar and sending the form to the registrar. The court also	89215
shall forward the person's license, if it is in the possession of	89216
the court, to the registrar.	89217

The registrar shall impose a class F suspension of the	89218
person's driver's or commercial driver's license, or temporary	89219
instruction permit for the period of time specified in division	89220
(B)(6) of section 4510.02 of the Revised Code on any person who is	89221
named in a declaration received by the registrar under this	89222
section. The registrar shall send written notification of the	89223
suspension to the person at the person's last known address and,	89224
if the person is in possession of the license, order the person to	89225
surrender the person's license or permit to the registrar within	89226
forty-eight hours.	89227

No valid driver's or commercial driver's license shall be	89228
granted to the person after the suspension, unless the court	89229
having jurisdiction of the offense that led to the suspension	89230
orders that the forfeiture be terminated. The court shall order	89231
the termination of the forfeiture if the person thereafter appears	89232
to answer the charge and pays any fine imposed by the court or	89233
pays the fine originally imposed by the court. The court shall	89234
inform the registrar of the termination of the forfeiture by	89235
entering information relative to the termination on a form	89236
approved and furnished by the registrar and sending the form to	89237
the registrar. The person shall pay to the registrar of motor	89238
vehicles ~~or an eligible deputy registrar~~ a twenty-five-dollar	89239
reinstatement fee. ~~In addition, each deputy registrar shall~~	89240
~~collect a service fee of ten dollars to compensate the deputy~~	89241
~~registrar for services performed under this section. The deputy~~	89242
~~registrar shall retain eight dollars of the service fee and shall~~	89243
~~transmit the reinstatement fee, plus two dollars of the service~~	89244
~~fee, to the registrar in the manner the registrar shall determine.~~	89245
The registrar shall deposit fifteen dollars of the reinstatement	89246
fee into the state treasury to the credit of the state bureau of	89247
motor vehicles fund created by section 4501.25 of the Revised Code	89248
to cover the costs of the bureau in administering this section and	89249
shall deposit ten dollars of the fee into the state treasury to	89250
the credit of the indigent defense support fund created by section	89251
120.08 of the Revised Code.	89252

(B) In addition to suspending the driver's or commercial	89253
driver's license or permit of the person named in a declaration of	89254
forfeiture, the registrar, upon receipt from the court of the copy	89255
of the declaration of forfeiture, shall take any measures that may	89256
be necessary to ensure that neither the registrar nor any deputy	89257
registrar accepts any application for the registration or transfer	89258
of registration of any motor vehicle owned or leased by the person	89259
named in the declaration of forfeiture. However, for a motor	89260
vehicle leased by a person named in a declaration of forfeiture,	89261
the registrar shall not implement the preceding sentence until the	89262
registrar adopts procedures for that implementation under section	89263
4503.39 of the Revised Code. The period of denial of registration	89264
or transfer shall continue until such time as the court having	89265
jurisdiction of the offense that led to the suspension orders the	89266
forfeiture be terminated. Upon receipt by the registrar of an	89267
order terminating the forfeiture, the registrar also shall take	89268
any measures that may be necessary to permit the person to	89269
register a motor vehicle owned or leased by the person or to	89270
transfer the registration of such a motor vehicle, if the person	89271
later makes application to take such action and otherwise is	89272
eligible to register the motor vehicle or to transfer its	89273
registration.	89274

The registrar shall not be required to give effect to any	89275
declaration of forfeiture or order terminating a forfeiture	89276
provided by a court under this section unless the information	89277
contained in the declaration or order is transmitted to the	89278
registrar by means of an electronic transfer system. The registrar	89279
shall not restore the person's driving or vehicle registration	89280
privileges until the person pays the reinstatement fee as provided	89281
in this section.	89282

The period of denial relating to the issuance or transfer of	89283
a certificate of registration for a motor vehicle imposed pursuant	89284
to this division remains in effect until the person pays any fine	89285
imposed by the court relative to the offense.	89286

Sec. 4510.72. (A) A fee of thirty dollars shall be charged	89287
by the registrar of motor vehicles ~~or an eligible deputy registrar~~	89288
for the reinstatement of any driver's license suspended pursuant	89289
to division (A) of Article IV of the compact enacted in section	89290
4510.71 of the Revised Code. ~~In addition, each deputy registrar~~	89291
~~shall collect a service fee of ten dollars to compensate the~~	89292
~~deputy registrar for services performed under this section. The~~	89293
~~deputy registrar shall retain eight dollars of the service fee and~~	89294
~~shall transmit the reinstatement fee, plus two dollars of the~~	89295
~~service fee, to the registrar in the manner the registrar shall~~	89296
~~determine.~~	89297

(B) Pursuant to division (A) of Article VI of the nonresident	89298
violator compact of 1977 enacted in section 4510.71 of the Revised	89299
Code, the director of public safety shall serve as the compact	89300
administrator for Ohio.	89301

Sec. 4511.191. (A)(1) As used in this section:

89302

(a) "Physical control" has the same meaning as in section	89303
4511.194 of the Revised Code.	89304

(b) "Alcohol monitoring device" means any device that	89305
provides for continuous alcohol monitoring, any ignition interlock	89306
device, any immobilizing or disabling device other than an	89307
ignition interlock device that is constantly available to monitor	89308
the concentration of alcohol in a person's system, or any other	89309
device that provides for the automatic testing and periodic	89310
reporting of alcohol consumption by a person and that a court	89311
orders a person to use as a sanction imposed as a result of the	89312
person's conviction of or plea of guilty to an offense.	89313

(2) Any person who operates a vehicle, streetcar, or	89314
trackless trolley upon a highway or any public or private property	89315
used by the public for vehicular travel or parking within this	89316
state or who is in physical control of a vehicle, streetcar, or	89317
trackless trolley shall be deemed to have given consent to a	89318
chemical test or tests of the person's whole blood, blood serum or	89319
plasma, breath, or urine to determine the alcohol, drug of abuse,	89320
controlled substance, metabolite of a controlled substance, or	89321
combination content of the person's whole blood, blood serum or	89322
plasma, breath, or urine if arrested for a violation of division	89323
(A) or (B) of section 4511.19 of the Revised Code, section	89324
4511.194 of the Revised Code or a substantially equivalent	89325
municipal ordinance, or a municipal OVI ordinance.	89326

(3) The chemical test or tests under division (A)(2) of this	89327
section shall be administered at the request of a law enforcement	89328
officer having reasonable grounds to believe the person was	89329
operating or in physical control of a vehicle, streetcar, or	89330
trackless trolley in violation of a division, section, or	89331
ordinance identified in division (A)(2) of this section. The law	89332
enforcement agency by which the officer is employed shall	89333
designate which of the tests shall be administered.	89334

(4) Any person who is dead or unconscious, or who otherwise	89335
is in a condition rendering the person incapable of refusal, shall	89336
be deemed to have consented as provided in division (A)(2) of this	89337
section, and the test or tests may be administered, subject to	89338
sections 313.12 to 313.16 of the Revised Code.	89339

(5)(a) If a law enforcement officer arrests a person for a	89340
violation of division (A) or (B) of section 4511.19 of the Revised	89341
Code, section 4511.194 of the Revised Code or a substantially	89342
equivalent municipal ordinance, or a municipal OVI ordinance and	89343
if the person if convicted would be required to be sentenced under	89344
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	89345
Code, the law enforcement officer shall request the person to	89346
submit, and the person shall submit, to a chemical test or tests	89347
of the person's whole blood, blood serum or plasma, breath, or	89348
urine for the purpose of determining the alcohol, drug of abuse,	89349
controlled substance, metabolite of a controlled substance, or	89350
combination content of the person's whole blood, blood serum or	89351
plasma, breath, or urine. A law enforcement officer who makes a	89352
request pursuant to this division that a person submit to a	89353
chemical test or tests is not required to advise the person of the	89354
consequences of submitting to, or refusing to submit to, the test	89355
or tests and is not required to give the person the form described	89356
in division (B) of section 4511.192 of the Revised Code, but the	89357
officer shall advise the person at the time of the arrest that if	89358
the person refuses to take a chemical test the officer may employ	89359
whatever reasonable means are necessary to ensure that the person	89360
submits to a chemical test of the person's whole blood or blood	89361
serum or plasma. The officer shall also advise the person at the	89362
time of the arrest that the person may have an independent	89363
chemical test taken at the person's own expense. Divisions (A)(3)	89364
and (4) of this section apply to the administration of a chemical	89365
test or tests pursuant to this division.	89366

(b) If a person refuses to submit to a chemical test upon a	89367
request made pursuant to division (A)(5)(a) of this section, the	89368
law enforcement officer who made the request may employ whatever	89369
reasonable means are necessary to ensure that the person submits	89370
to a chemical test of the person's whole blood or blood serum or	89371
plasma. A law enforcement officer who acts pursuant to this	89372
division to ensure that a person submits to a chemical test of the	89373
person's whole blood or blood serum or plasma is immune from	89374
criminal and civil liability based upon a claim for assault and	89375
battery or any other claim for the acts, unless the officer so	89376
acted with malicious purpose, in bad faith, or in a wanton or	89377
reckless manner.	89378

(B)(1) Upon receipt of the sworn report of a law enforcement	89379
officer who arrested a person for a violation of division (A) or	89380
(B) of section 4511.19 of the Revised Code, section 4511.194 of	89381
the Revised Code or a substantially equivalent municipal	89382
ordinance, or a municipal OVI ordinance that was completed and	89383
sent to the registrar of motor vehicles and a court pursuant to	89384
section 4511.192 of the Revised Code in regard to a person who	89385
refused to take the designated chemical test, the registrar shall	89386
enter into the registrar's records the fact that the person's	89387
driver's or commercial driver's license or permit or nonresident	89388
operating privilege was suspended by the arresting officer under	89389
this division and that section and the period of the suspension,	89390
as determined under this section. The suspension shall be subject	89391
to appeal as provided in section 4511.197 of the Revised Code. The	89392
suspension shall be for whichever of the following periods	89393
applies:	89394

(a) Except when division (B)(1)(b), (c), or (d) of this	89395
section applies and specifies a different class or length of	89396
suspension, the suspension shall be a class C suspension for the	89397
period of time specified in division (B)(3) of section 4510.02 of	89398
the Revised Code.	89399

(b) If the arrested person, within six years of the date on	89400
which the person refused the request to consent to the chemical	89401
test, had refused one previous request to consent to a chemical	89402
test or had been convicted of or pleaded guilty to one violation	89403
of division (A) or (B) of section 4511.19 of the Revised Code or	89404
one other equivalent offense, the suspension shall be a class B	89405
suspension imposed for the period of time specified in division	89406
(B)(2) of section 4510.02 of the Revised Code.	89407

(c) If the arrested person, within six years of the date on	89408
which the person refused the request to consent to the chemical	89409
test, had refused two previous requests to consent to a chemical	89410
test, had been convicted of or pleaded guilty to two violations of	89411
division (A) or (B) of section 4511.19 of the Revised Code or	89412
other equivalent offenses, or had refused one previous request to	89413
consent to a chemical test and also had been convicted of or	89414
pleaded guilty to one violation of division (A) or (B) of section	89415
4511.19 of the Revised Code or other equivalent offenses, which	89416
violation or offense arose from an incident other than the	89417
incident that led to the refusal, the suspension shall be a class	89418
A suspension imposed for the period of time specified in division	89419
(B)(1) of section 4510.02 of the Revised Code.	89420

(d) If the arrested person, within six years of the date on	89421
which the person refused the request to consent to the chemical	89422
test, had refused three or more previous requests to consent to a	89423
chemical test, had been convicted of or pleaded guilty to three or	89424
more violations of division (A) or (B) of section 4511.19 of the	89425
Revised Code or other equivalent offenses, or had refused a number	89426
of previous requests to consent to a chemical test and also had	89427
been convicted of or pleaded guilty to a number of violations of	89428
division (A) or (B) of section 4511.19 of the Revised Code or	89429
other equivalent offenses that cumulatively total three or more	89430
such refusals, convictions, and guilty pleas, the suspension shall	89431
be for five years.	89432

(2) The registrar shall terminate a suspension of the	89433
driver's or commercial driver's license or permit of a resident or	89434
of the operating privilege of a nonresident, or a denial of a	89435
driver's or commercial driver's license or permit, imposed	89436
pursuant to division (B)(1) of this section upon receipt of notice	89437
that the person has entered a plea of guilty to, or that the	89438
person has been convicted after entering a plea of no contest to,	89439
operating a vehicle in violation of section 4511.19 of the Revised	89440
Code or in violation of a municipal OVI ordinance, if the offense	89441
for which the conviction is had or the plea is entered arose from	89442
the same incident that led to the suspension or denial.	89443

The registrar shall credit against any judicial suspension of	89444
a person's driver's or commercial driver's license or permit or	89445
nonresident operating privilege imposed pursuant to section	89446
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	89447
Revised Code for a violation of a municipal OVI ordinance, any	89448
time during which the person serves a related suspension imposed	89449
pursuant to division (B)(1) of this section.	89450

(C)(1) Upon receipt of the sworn report of the law	89451
enforcement officer who arrested a person for a violation of	89452
division (A) or (B) of section 4511.19 of the Revised Code or a	89453
municipal OVI ordinance that was completed and sent to the	89454
registrar and a court pursuant to section 4511.192 of the Revised	89455
Code in regard to a person whose test results indicate that the	89456
person's whole blood, blood serum or plasma, breath, or urine	89457
contained at least the concentration of alcohol specified in	89458
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	89459
Revised Code or at least the concentration of a listed controlled	89460
substance or a listed metabolite of a controlled substance	89461
specified in division (A)(1)(j) of section 4511.19 of the Revised	89462
Code, the registrar shall enter into the registrar's records the	89463
fact that the person's driver's or commercial driver's license or	89464
permit or nonresident operating privilege was suspended by the	89465
arresting officer under this division and section 4511.192 of the	89466
Revised Code and the period of the suspension, as determined under	89467
divisions (C)(1)(a) to (d) of this section. The suspension shall	89468
be subject to appeal as provided in section 4511.197 of the	89469
Revised Code. The suspension described in this division does not	89470
apply to, and shall not be imposed upon, a person arrested for a	89471
violation of section 4511.194 of the Revised Code or a	89472
substantially equivalent municipal ordinance who submits to a	89473
designated chemical test. The suspension shall be for whichever of	89474
the following periods applies:	89475

(a) Except when division (C)(1)(b), (c), or (d) of this	89476
section applies and specifies a different period, the suspension	89477
shall be a class E suspension imposed for the period of time	89478
specified in division (B)(5) of section 4510.02 of the Revised	89479
Code.	89480

(b) The suspension shall be a class C suspension for the	89481
period of time specified in division (B)(3) of section 4510.02 of	89482
the Revised Code if the person has been convicted of or pleaded	89483
guilty to, within six years of the date the test was conducted,	89484
one violation of division (A) or (B) of section 4511.19 of the	89485
Revised Code or one other equivalent offense.	89486

(c) If, within six years of the date the test was conducted,	89487
the person has been convicted of or pleaded guilty to two	89488
violations of a statute or ordinance described in division	89489
(C)(1)(b) of this section, the suspension shall be a class B	89490
suspension imposed for the period of time specified in division	89491
(B)(2) of section 4510.02 of the Revised Code.	89492

(d) If, within six years of the date the test was conducted,	89493
the person has been convicted of or pleaded guilty to more than	89494
two violations of a statute or ordinance described in division	89495
(C)(1)(b) of this section, the suspension shall be a class A	89496
suspension imposed for the period of time specified in division	89497
(B)(1) of section 4510.02 of the Revised Code.	89498

(2) The registrar shall terminate a suspension of the	89499
driver's or commercial driver's license or permit of a resident or	89500
of the operating privilege of a nonresident, or a denial of a	89501
driver's or commercial driver's license or permit, imposed	89502
pursuant to division (C)(1) of this section upon receipt of notice	89503
that the person has entered a plea of guilty to, or that the	89504
person has been convicted after entering a plea of no contest to,	89505
operating a vehicle in violation of section 4511.19 of the Revised	89506
Code or in violation of a municipal OVI ordinance, if the offense	89507
for which the conviction is had or the plea is entered arose from	89508
the same incident that led to the suspension or denial.	89509

The registrar shall credit against any judicial suspension of	89510
a person's driver's or commercial driver's license or permit or	89511
nonresident operating privilege imposed pursuant to section	89512
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	89513
Revised Code for a violation of a municipal OVI ordinance, any	89514
time during which the person serves a related suspension imposed	89515
pursuant to division (C)(1) of this section.	89516

(D)(1) A suspension of a person's driver's or commercial	89517
driver's license or permit or nonresident operating privilege	89518
under this section for the time described in division (B) or (C)	89519
of this section is effective immediately from the time at which	89520
the arresting officer serves the notice of suspension upon the	89521
arrested person. Any subsequent finding that the person is not	89522
guilty of the charge that resulted in the person being requested	89523
to take the chemical test or tests under division (A) of this	89524
section does not affect the suspension.	89525

(2) If a person is arrested for operating a vehicle,	89526
streetcar, or trackless trolley in violation of division (A) or	89527
(B) of section 4511.19 of the Revised Code or a municipal OVI	89528
ordinance, or for being in physical control of a vehicle,	89529
streetcar, or trackless trolley in violation of section 4511.194	89530
of the Revised Code or a substantially equivalent municipal	89531
ordinance, regardless of whether the person's driver's or	89532
commercial driver's license or permit or nonresident operating	89533
privilege is or is not suspended under division (B) or (C) of this	89534
section or Chapter 4510. of the Revised Code, the person's initial	89535
appearance on the charge resulting from the arrest shall be held	89536
within five days of the person's arrest or the issuance of the	89537
citation to the person, subject to any continuance granted by the	89538
court pursuant to section 4511.197 of the Revised Code regarding	89539
the issues specified in that division.	89540

(E) When it finally has been determined under the procedures	89541
of this section and sections 4511.192 to 4511.197 of the Revised	89542
Code that a nonresident's privilege to operate a vehicle within	89543
this state has been suspended, the registrar shall give	89544
information in writing of the action taken to the motor vehicle	89545
administrator of the state of the person's residence and of any	89546
state in which the person has a license.	89547

(F) At the end of a suspension period under this section,	89548
under section 4511.194, section 4511.196, or division (G) of	89549
section 4511.19 of the Revised Code, or under section 4510.07 of	89550
the Revised Code for a violation of a municipal OVI ordinance and	89551
upon the request of the person whose driver's or commercial	89552
driver's license or permit was suspended and who is not otherwise	89553
subject to suspension, cancellation, or disqualification, the	89554
registrar shall return the driver's or commercial driver's license	89555
or permit to the person upon the occurrence of all of the	89556
conditions specified in divisions (F)(1) and (2) of this section:	89557

(1) A showing that the person has proof of financial	89558
responsibility, a policy of liability insurance in effect that	89559
meets the minimum standards set forth in section 4509.51 of the	89560
Revised Code, or proof, to the satisfaction of the registrar, that	89561
the person is able to respond in damages in an amount at least	89562
equal to the minimum amounts specified in section 4509.51 of the	89563
Revised Code.	89564

(2) Subject to the limitation contained in division (F)(3) of	89565
this section, payment by the person to the registrar ~~of motor~~	89566
~~vehicles or an eligible deputy registrar~~ of a license	89567
reinstatement fee of four hundred seventy-five dollars, which fee	89568
shall be deposited in the state treasury and credited as follows:	89569

(a) One hundred twelve dollars and fifty cents shall be	89570
credited to the statewide treatment and prevention fund created by	89571
section 4301.30 of the Revised Code. ~~The~~Money credited to the	89572
fund under this section shall be used ~~to pay the costs of driver~~	89573
~~treatment and intervention programs operated pursuant to sections~~	89574
~~3793.02 and 3793.10~~for purposes identified in the comprehensive	89575
statewide alcohol and drug addiction services plan developed under	89576
section 3793.04 of the Revised Code. ~~The director of alcohol and~~	89577
~~drug addiction services shall determine the share of the fund that~~	89578
~~is to be allocated to alcohol and drug addiction programs~~	89579
~~authorized by section 3793.02 of the Revised Code, and the share~~	89580
~~of the fund that is to be allocated to drivers' intervention~~	89581
~~programs authorized by section 3793.10 of the Revised Code.~~	89582

(b) Seventy-five dollars shall be credited to the reparations	89583
fund created by section 2743.191 of the Revised Code.	89584

(c) Thirty-seven dollars and fifty cents shall be credited to	89585
the indigent drivers alcohol treatment fund, which is hereby	89586
established in the state treasury. Except as otherwise provided in	89587
division (F)(2)(c) of this section, moneys in the fund shall be	89588
distributed by the department of alcohol and drug addiction	89589
services to the county indigent drivers alcohol treatment funds,	89590
the county juvenile indigent drivers alcohol treatment funds, and	89591
the municipal indigent drivers alcohol treatment funds that are	89592
required to be established by counties and municipal corporations	89593
pursuant to division (H) of this section, and shall be used only	89594
to pay the cost of an alcohol and drug addiction treatment program	89595
attended by an offender or juvenile traffic offender who is	89596
ordered to attend an alcohol and drug addiction treatment program	89597
by a county, juvenile, or municipal court judge and who is	89598
determined by the county, juvenile, or municipal court judge not	89599
to have the means to pay for the person's attendance at the	89600
program or to pay the costs specified in division (H)(4) of this	89601
section in accordance with that division. In addition, a county,	89602
juvenile, or municipal court judge may use moneys in the county	89603
indigent drivers alcohol treatment fund, county juvenile indigent	89604
drivers alcohol treatment fund, or municipal indigent drivers	89605
alcohol treatment fund to pay for the cost of the continued use of	89606
an alcohol monitoring device as described in divisions (H)(3) and	89607
(4) of this section. Moneys in the fund that are not distributed	89608
to a county indigent drivers alcohol treatment fund, a county	89609
juvenile indigent drivers alcohol treatment fund, or a municipal	89610
indigent drivers alcohol treatment fund under division (H) of this	89611
section because the director of alcohol and drug addiction	89612
services does not have the information necessary to identify the	89613
county or municipal corporation where the offender or juvenile	89614
offender was arrested may be transferred by the director of budget	89615
and management to the statewide treatment and prevention fund	89616
created by section 4301.30 of the Revised Code, upon certification	89617
of the amount by the director of alcohol and drug addiction	89618
services.	89619

(d) Seventy-five dollars shall be credited to the Ohio	89620
rehabilitation services commission established by section 3304.12	89621
of the Revised Code, to the services for rehabilitation fund,	89622
which is hereby established. The fund shall be used to match	89623
available federal matching funds where appropriate, and for any	89624
other purpose or program of the commission to rehabilitate people	89625
with disabilities to help them become employed and independent.	89626

(e) Seventy-five dollars shall be deposited into the state	89627
treasury and credited to the drug abuse resistance education	89628
programs fund, which is hereby established, to be used by the	89629
attorney general for the purposes specified in division (F)(4) of	89630
this section.	89631

(f) Thirty dollars shall be credited to the state bureau of	89632
motor vehicles fund created by section 4501.25 of the Revised	89633
Code.	89634

(g) Twenty dollars shall be credited to the trauma and	89635
emergency medical services grants fund created by section 4513.263	89636
of the Revised Code.	89637

(h) Fifty dollars shall be credited to the indigent drivers	89638
interlock and alcohol monitoring fund, which is hereby established	89639
in the state treasury. ~~Monies~~Moneys in the fund shall be	89640
distributed by the department of public safety to the county	89641
indigent drivers interlock and alcohol monitoring funds, the	89642
county juvenile indigent drivers interlock and alcohol monitoring	89643
funds, and the municipal indigent drivers interlock and alcohol	89644
monitoring funds that are required to be established by counties	89645
and municipal corporations pursuant to this section, and shall be	89646
used only to pay the cost of an immobilizing or disabling device,	89647
including a certified ignition interlock device, or an alcohol	89648
monitoring device used by an offender or juvenile offender who is	89649
ordered to use the device by a county, juvenile, or municipal	89650
court judge and who is determined by the county, juvenile, or	89651
municipal court judge not to have the means to pay for the	89652
person's use of the device.	89653

(3) If a person's driver's or commercial driver's license or	89654
permit is suspended under this section, under section 4511.196 or	89655
division (G) of section 4511.19 of the Revised Code, under section	89656
4510.07 of the Revised Code for a violation of a municipal OVI	89657
ordinance or under any combination of the suspensions described in	89658
division (F)(3) of this section, and if the suspensions arise from	89659
a single incident or a single set of facts and circumstances, the	89660
person is liable for payment of, and shall be required to pay to	89661
the registrar ~~or an eligible deputy registrar~~, only one	89662
reinstatement fee of four hundred seventy-five dollars. The	89663
reinstatement fee shall be distributed by the bureau in accordance	89664
with division (F)(2) of this section.	89665

(4) The attorney general shall use amounts in the drug abuse	89666
resistance education programs fund to award grants to law	89667
enforcement agencies to establish and implement drug abuse	89668
resistance education programs in public schools. Grants awarded to	89669
a law enforcement agency under this section shall be used by the	89670
agency to pay for not more than fifty per cent of the amount of	89671
the salaries of law enforcement officers who conduct drug abuse	89672
resistance education programs in public schools. The attorney	89673
general shall not use more than six per cent of the amounts the	89674
attorney general's office receives under division (F)(2)(e) of	89675
this section to pay the costs it incurs in administering the grant	89676
program established by division (F)(2)(e) of this section and in	89677
providing training and materials relating to drug abuse resistance	89678
education programs.	89679

The attorney general shall report to the governor and the	89680
general assembly each fiscal year on the progress made in	89681
establishing and implementing drug abuse resistance education	89682
programs. These reports shall include an evaluation of the	89683
effectiveness of these programs.	89684

~~(5) In addition to the reinstatement fee under this section,~~	89685
~~if the person pays the reinstatement fee to a deputy registrar,~~	89686
~~the deputy registrar shall collect a service fee of ten dollars to~~	89687
~~compensate the deputy registrar for services performed under this~~	89688
~~section. The deputy registrar shall retain eight dollars of the~~	89689
~~service fee and shall transmit the reinstatement fee, plus two~~	89690
~~dollars of the service fee, to the registrar in the manner the~~	89691
~~registrar shall determine.~~	89692

(G) Suspension of a commercial driver's license under	89693
division (B) or (C) of this section shall be concurrent with any	89694
period of disqualification under section 3123.611 or 4506.16 of	89695
the Revised Code or any period of suspension under section 3123.58	89696
of the Revised Code. No person who is disqualified for life from	89697
holding a commercial driver's license under section 4506.16 of the	89698
Revised Code shall be issued a driver's license under Chapter	89699
4507. of the Revised Code during the period for which the	89700
commercial driver's license was suspended under division (B) or	89701
(C) of this section. No person whose commercial driver's license	89702
is suspended under division (B) or (C) of this section shall be	89703
issued a driver's license under Chapter 4507. of the Revised Code	89704
during the period of the suspension.	89705

(H)(1) Each county shall establish an indigent drivers	89706
alcohol treatment fund, each county shall establish a juvenile	89707
indigent drivers alcohol treatment fund, and each municipal	89708
corporation in which there is a municipal court shall establish an	89709
indigent drivers alcohol treatment fund. All revenue that the	89710
general assembly appropriates to the indigent drivers alcohol	89711
treatment fund for transfer to a county indigent drivers alcohol	89712
treatment fund, a county juvenile indigent drivers alcohol	89713
treatment fund, or a municipal indigent drivers alcohol treatment	89714
fund, all portions of fees that are paid under division (F) of	89715
this section and that are credited under that division to the	89716
indigent drivers alcohol treatment fund in the state treasury for	89717
a county indigent drivers alcohol treatment fund, a county	89718
juvenile indigent drivers alcohol treatment fund, or a municipal	89719
indigent drivers alcohol treatment fund, all portions of	89720
additional costs imposed under section 2949.094 of the Revised	89721
Code that are specified for deposit into a county, county	89722
juvenile, or municipal indigent drivers alcohol treatment fund by	89723
that section, and all portions of fines that are specified for	89724
deposit into a county or municipal indigent drivers alcohol	89725
treatment fund by section 4511.193 of the Revised Code shall be	89726
deposited into that county indigent drivers alcohol treatment	89727
fund, county juvenile indigent drivers alcohol treatment fund, or	89728
municipal indigent drivers alcohol treatment fund. The portions of	89729
the fees paid under division (F) of this section that are to be so	89730
deposited shall be determined in accordance with division (H)(2)	89731
of this section. Additionally, all portions of fines that are paid	89732
for a violation of section 4511.19 of the Revised Code or of any	89733
prohibition contained in Chapter 4510. of the Revised Code, and	89734
that are required under section 4511.19 or any provision of	89735
Chapter 4510. of the Revised Code to be deposited into a county	89736
indigent drivers alcohol treatment fund or municipal indigent	89737
drivers alcohol treatment fund shall be deposited into the	89738
appropriate fund in accordance with the applicable division of the	89739
section or provision.	89740

(2) That portion of the license reinstatement fee that is	89741
paid under division (F) of this section and that is credited under	89742
that division to the indigent drivers alcohol treatment fund shall	89743
be deposited into a county indigent drivers alcohol treatment	89744
fund, a county juvenile indigent drivers alcohol treatment fund,	89745
or a municipal indigent drivers alcohol treatment fund as follows:	89746

(a) Regarding a suspension imposed under this section, that	89747
portion of the fee shall be deposited as follows:	89748

(i) If the fee is paid by a person who was charged in a	89749
county court with the violation that resulted in the suspension or	89750
in the imposition of the court costs, the portion shall be	89751
deposited into the county indigent drivers alcohol treatment fund	89752
under the control of that court;	89753

(ii) If the fee is paid by a person who was charged in a	89754
juvenile court with the violation that resulted in the suspension	89755
or in the imposition of the court costs, the portion shall be	89756
deposited into the county juvenile indigent drivers alcohol	89757
treatment fund established in the county served by the court;	89758

(iii) If the fee is paid by a person who was charged in a	89759
municipal court with the violation that resulted in the suspension	89760
or in the imposition of the court costs, the portion shall be	89761
deposited into the municipal indigent drivers alcohol treatment	89762
fund under the control of that court.	89763

(b) Regarding a suspension imposed under section 4511.19 of	89764
the Revised Code or under section 4510.07 of the Revised Code for	89765
a violation of a municipal OVI ordinance, that portion of the fee	89766
shall be deposited as follows:	89767

(i) If the fee is paid by a person whose license or permit	89768
was suspended by a county court, the portion shall be deposited	89769
into the county indigent drivers alcohol treatment fund under the	89770
control of that court;	89771

(ii) If the fee is paid by a person whose license or permit	89772
was suspended by a municipal court, the portion shall be deposited	89773
into the municipal indigent drivers alcohol treatment fund under	89774
the control of that court.	89775

(3) Expenditures from a county indigent drivers alcohol	89776
treatment fund, a county juvenile indigent drivers alcohol	89777
treatment fund, or a municipal indigent drivers alcohol treatment	89778
fund shall be made only upon the order of a county, juvenile, or	89779
municipal court judge and only for payment of the cost of an	89780
assessment or the cost of the attendance at an alcohol and drug	89781
addiction treatment program of a person who is convicted of, or	89782
found to be a juvenile traffic offender by reason of, a violation	89783
of division (A) of section 4511.19 of the Revised Code or a	89784
substantially similar municipal ordinance, who is ordered by the	89785
court to attend the alcohol and drug addiction treatment program,	89786
and who is determined by the court to be unable to pay the cost of	89787
the assessment or the cost of attendance at the treatment program	89788
or for payment of the costs specified in division (H)(4) of this	89789
section in accordance with that division. The alcohol and drug	89790
addiction services board or the board of alcohol, drug addiction,	89791
and mental health services established pursuant to section 340.02	89792
or 340.021 of the Revised Code and serving the alcohol, drug	89793
addiction, and mental health service district in which the court	89794
is located shall administer the indigent drivers alcohol treatment	89795
program of the court. When a court orders an offender or juvenile	89796
traffic offender to obtain an assessment or attend an alcohol and	89797
drug addiction treatment program, the board shall determine which	89798
program is suitable to meet the needs of the offender or juvenile	89799
traffic offender, and when a suitable program is located and space	89800
is available at the program, the offender or juvenile traffic	89801
offender shall attend the program designated by the board. A	89802
reasonable amount not to exceed five per cent of the amounts	89803
credited to and deposited into the county indigent drivers alcohol	89804
treatment fund, the county juvenile indigent drivers alcohol	89805
treatment fund, or the municipal indigent drivers alcohol	89806
treatment fund serving every court whose program is administered	89807
by that board shall be paid to the board to cover the costs it	89808
incurs in administering those indigent drivers alcohol treatment	89809
programs.	89810

In addition, upon exhaustion of moneys in the indigent	89811
drivers interlock and alcohol monitoring fund for the use of an	89812
alcohol monitoring device, a county, juvenile, or municipal court	89813
judge may use moneys in the county indigent drivers alcohol	89814
treatment fund, county juvenile indigent drivers alcohol treatment	89815
fund, or municipal indigent drivers alcohol treatment fund in the	89816
following manners:	89817

(a) If the source of the moneys was an appropriation of the	89818
general assembly, a portion of a fee that was paid under division	89819
(F) of this section, a portion of a fine that was specified for	89820
deposit into the fund by section 4511.193 of the Revised Code, or	89821
a portion of a fine that was paid for a violation of section	89822
4511.19 of the Revised Code or of a provision contained in Chapter	89823
4510. of the Revised Code that was required to be deposited into	89824
the fund, to pay for the continued use of an alcohol monitoring	89825
device by an offender or juvenile traffic offender, in conjunction	89826
with a treatment program approved by the department of alcohol and	89827
drug addiction services, when such use is determined clinically	89828
necessary by the treatment program and when the court determines	89829
that the offender or juvenile traffic offender is unable to pay	89830
all or part of the daily monitoring or cost of the device;	89831

(b) If the source of the moneys was a portion of an	89832
additional court cost imposed under section 2949.094 of the	89833
Revised Code, to pay for the continued use of an alcohol	89834
monitoring device by an offender or juvenile traffic offender when	89835
the court determines that the offender or juvenile traffic	89836
offender is unable to pay all or part of the daily monitoring or	89837
cost of the device. The moneys may be used for a device as	89838
described in this division if the use of the device is in	89839
conjunction with a treatment program approved by the department of	89840
alcohol and drug addiction services, when the use of the device is	89841
determined clinically necessary by the treatment program, but the	89842
use of a device is not required to be in conjunction with a	89843
treatment program approved by the department in order for the	89844
moneys to be used for the device as described in this division.	89845

(4) If a county, juvenile, or municipal court determines, in	89846
consultation with the alcohol and drug addiction services board or	89847
the board of alcohol, drug addiction, and mental health services	89848
established pursuant to section 340.02 or 340.021 of the Revised	89849
Code and serving the alcohol, drug addiction, and mental health	89850
district in which the court is located, that the funds in the	89851
county indigent drivers alcohol treatment fund, the county	89852
juvenile indigent drivers alcohol treatment fund, or the municipal	89853
indigent drivers alcohol treatment fund under the control of the	89854
court are more than sufficient to satisfy the purpose for which	89855
the fund was established, as specified in divisions (H)(1) to (3)	89856
of this section, the court may declare a surplus in the fund. If	89857
the court declares a surplus in the fund, the court may expend the	89858
amount of the surplus in the fund for:	89859

(a) Alcohol and drug abuse assessment and treatment of	89860
persons who are charged in the court with committing a criminal	89861
offense or with being a delinquent child or juvenile traffic	89862
offender and in relation to whom both of the following apply:	89863

(i) The court determines that substance abuse was a	89864
contributing factor leading to the criminal or delinquent activity	89865
or the juvenile traffic offense with which the person is charged.	89866

(ii) The court determines that the person is unable to pay	89867
the cost of the alcohol and drug abuse assessment and treatment	89868
for which the surplus money will be used.	89869

(b) All or part of the cost of purchasing alcohol monitoring	89870
devices to be used in conjunction with division (H)(3) of this	89871
section, upon exhaustion of moneys in the indigent drivers	89872
interlock and alcohol monitoring fund for the use of an alcohol	89873
monitoring device.	89874

(5) For the purpose of determining as described in division	89875
(F)(2)(c) of this section whether an offender does not have the	89876
means to pay for the offender's attendance at an alcohol and drug	89877
addiction treatment program or whether an alleged offender or	89878
delinquent child is unable to pay the costs specified in division	89879
(H)(4) of this section, the court shall use the indigent client	89880
eligibility guidelines and the standards of indigency established	89881
by the state public defender to make the determination.	89882

(6) The court shall identify and refer any alcohol and drug	89883
addiction program that is not certified under section 3793.06 of	89884
the Revised Code and that is interested in receiving amounts from	89885
the surplus in the fund declared under division (H)(4) of this	89886
section to the department of alcohol and drug addiction services	89887
in order for the program to become a certified alcohol and drug	89888
addiction program. The department shall keep a record of applicant	89889
referrals received pursuant to this division and shall submit a	89890
report on the referrals each year to the general assembly. If a	89891
program interested in becoming certified makes an application to	89892
become certified pursuant to section 3793.06 of the Revised Code,	89893
the program is eligible to receive surplus funds as long as the	89894
application is pending with the department. The department of	89895
alcohol and drug addiction services must offer technical	89896
assistance to the applicant. If the interested program withdraws	89897
the certification application, the department must notify the	89898
court, and the court shall not provide the interested program with	89899
any further surplus funds.	89900

(7)(a) Each alcohol and drug addiction services board and	89901
board of alcohol, drug addiction, and mental health services	89902
established pursuant to section 340.02 or 340.021 of the Revised	89903
Code shall submit to the department of alcohol and drug addiction	89904
services an annual report for each indigent drivers alcohol	89905
treatment fund in that board's area.	89906

(b) The report, which shall be submitted not later than sixty	89907
days after the end of the state fiscal year, shall provide the	89908
total payment that was made from the fund, including the number of	89909
indigent consumers that received treatment services and the number	89910
of indigent consumers that received an alcohol monitoring device.	89911
The report shall identify the treatment program and expenditure	89912
for an alcohol monitoring device for which that payment was made.	89913
The report shall include the fiscal year balance of each indigent	89914
drivers alcohol treatment fund located in that board's area. In	89915
the event that a surplus is declared in the fund pursuant to	89916
division (H)(4) of this section, the report also shall provide the	89917
total payment that was made from the surplus moneys and identify	89918
the treatment program and expenditure for an alcohol monitoring	89919
device for which that payment was made. The department may require	89920
additional information necessary to complete the comprehensive	89921
statewide alcohol and drug addiction services plan as required by	89922
section 3793.04 of the Revised Code.	89923

(c) If a board is unable to obtain adequate information to	89924
develop the report to submit to the department for a particular	89925
indigent drivers alcohol treatment fund, the board shall submit a	89926
report detailing the effort made in obtaining the information.	89927

(I)(1) Each county shall establish an indigent drivers	89928
interlock and alcohol monitoring fund and a juvenile indigent	89929
drivers interlock and alcohol treatment fund, and each municipal	89930
corporation in which there is a municipal court shall establish an	89931
indigent drivers interlock and alcohol monitoring fund. All	89932
revenue that the general assembly appropriates to the indigent	89933
drivers interlock and alcohol monitoring fund for transfer to a	89934
county indigent drivers interlock and alcohol monitoring fund, a	89935
county juvenile indigent drivers interlock and alcohol monitoring	89936
fund, or a municipal indigent drivers interlock and alcohol	89937
monitoring fund, all portions of license reinstatement fees that	89938
are paid under division (F)(2) of this section and that are	89939
credited under that division to the indigent drivers interlock and	89940
alcohol monitoring fund in the state treasury, and all portions of	89941
fines that are paid under division (G) of section 4511.19 of the	89942
Revised Code and that are credited by division (G)(5)(e) of that	89943
section to the indigent drivers interlock and alcohol monitoring	89944
fund in the state treasury shall be deposited in the appropriate	89945
fund in accordance with division (I)(2) of this section.	89946

(2) That portion of the license reinstatement fee that is	89947
paid under division (F) of this section and that portion of the	89948
fine paid under division (G) of section 4511.19 of the Revised	89949
Code and that is credited under either division to the indigent	89950
drivers interlock and alcohol monitoring fund shall be deposited	89951
into a county indigent drivers interlock and alcohol monitoring	89952
fund, a county juvenile indigent drivers interlock and alcohol	89953
monitoring fund, or a municipal indigent drivers interlock and	89954
alcohol monitoring fund as follows:	89955

(a) If the fee or fine is paid by a person who was charged in	89956
a county court with the violation that resulted in the suspension	89957
or fine, the portion shall be deposited into the county indigent	89958
drivers interlock and alcohol monitoring fund under the control of	89959
that court.	89960

(b) If the fee or fine is paid by a person who was charged in	89961
a juvenile court with the violation that resulted in the	89962
suspension or fine, the portion shall be deposited into the county	89963
juvenile indigent drivers interlock and alcohol monitoring fund	89964
established in the county served by the court.	89965

(c) If the fee or fine is paid by a person who was charged in	89966
a municipal court with the violation that resulted in the	89967
suspension, the portion shall be deposited into the municipal	89968
indigent drivers interlock and alcohol monitoring fund under the	89969
control of that court.	89970

Sec. 4511.193. (A) Twenty-five dollars of any fine imposed	89971
for a violation of a municipal OVI ordinance shall be deposited	89972
into the municipal or county indigent drivers alcohol treatment	89973
fund created pursuant to division (H) of section 4511.191 of the	89974
Revised Code in accordance with this section and section 733.40,	89975
divisions (A) ~~and~~, (B), and (C) of section 1901.024, division (F)	89976
of section 1901.31, or division (C) of section 1907.20 of the	89977
Revised Code. Regardless of whether the fine is imposed by a	89978
municipal court, a mayor's court, or a juvenile court, if the fine	89979
was imposed for a violation of an ordinance of a municipal	89980
corporation that is within the jurisdiction of a county-operated	89981
municipal court or a municipal court that is not a county-operated	89982
municipal court, the twenty-five dollars that is subject to this	89983
section shall be deposited into the indigent drivers alcohol	89984
treatment fund of the county in which that municipal corporation	89985
is located if the municipal court that has jurisdiction over that	89986
municipal corporation is a county-operated municipal court or of	89987
the municipal corporation in which is located the municipal court	89988
that has jurisdiction over that municipal corporation if that	89989
municipal court is not a county-operated municipal court.	89990
Regardless of whether the fine is imposed by a county court, a	89991
mayor's court, or a juvenile court, if the fine was imposed for a	89992
violation of an ordinance of a municipal corporation that is	89993
within the jurisdiction of a county court, the twenty-five dollars	89994
that is subject to this section shall be deposited into the	89995
indigent drivers alcohol treatment fund of the county in which is	89996
located the county court that has jurisdiction over that municipal	89997
corporation. The deposit shall be made in accordance with section	89998
733.40, divisions (A) ~~and~~, (B), and (C) of section 1901.024,	89999
division (F) of section 1901.31, or division (C) of section	90000
1907.20 of the Revised Code.	90001

(B) Any court cost imposed as a result of a violation of a	90002
municipal ordinance that is a moving violation and designated for	90003
an indigent drivers alcohol treatment fund established pursuant to	90004
division (H) of section 4511.191 of the Revised Code shall be	90005
deposited into the municipal or county indigent drivers alcohol	90006
treatment fund created pursuant to division (H) of section	90007
4511.191 of the Revised Code in accordance with this section and	90008
section 733.40, divisions (A), (B), and (C) of section 1901.024,	90009
division (F) of section 1901.31, or division (C) of section	90010
1907.20 of the Revised Code. Regardless of whether the court cost	90011
is imposed by a municipal court, a mayor's court, or a juvenile	90012
court, if the court cost was imposed for a violation of an	90013
ordinance of a municipal corporation that is within the	90014
jurisdiction of a county-operated municipal court or a municipal	90015
court that is not a county-operated municipal court, the court	90016
cost that is subject to this section shall be deposited into the	90017
indigent drivers alcohol treatment fund of the county in which	90018
that municipal corporation is located if the municipal court that	90019
has jurisdiction over that municipal corporation is a	90020
county-operated municipal court or of the municipal corporation in	90021
which is located the municipal court that has jurisdiction over	90022
that municipal corporation if that municipal court is not a	90023
county-operated municipal court. Regardless of whether the court	90024
cost is imposed by a county court, a mayor's court, or a juvenile	90025
court, if the court cost was imposed for a violation of an	90026
ordinance of a municipal corporation that is within the	90027
jurisdiction of a county court, the court cost that is subject to	90028
this section shall be deposited into the indigent drivers alcohol	90029
treatment fund of the county in which is located the county court	90030
that has jurisdiction over that municipal corporation. The deposit	90031
shall be made in accordance with section 733.40, divisions (A),	90032
(B), and (C) of section 1901.024, division (F) of section 1901.31,	90033
or division (C) of section 1907.20 of the Revised Code.	90034

(C)(1) The requirements and sanctions imposed by divisions	90035
~~(B)~~(C)(1) and (2) of this section are an adjunct to and derive	90036
from the state's exclusive authority over the registration and	90037
titling of motor vehicles and do not comprise a part of the	90038
criminal sentence to be imposed upon a person who violates a	90039
municipal OVI ordinance.	90040

(2) If a person is convicted of or pleads guilty to a	90041
violation of a municipal OVI ordinance, if the vehicle the	90042
offender was operating at the time of the offense is registered in	90043
the offender's name, and if, within six years of the current	90044
offense, the offender has been convicted of or pleaded guilty to	90045
one or more violations of division (A) or (B) of section 4511.19	90046
of the Revised Code or one or more other equivalent offenses, the	90047
court, in addition to and independent of any sentence that it	90048
imposes upon the offender for the offense, shall do whichever of	90049
the following is applicable:	90050

(a) Except as otherwise provided in division ~~(B)~~(C)(2)(b) of	90051
this section, if, within six years of the current offense, the	90052
offender has been convicted of or pleaded guilty to one violation	90053
described in division ~~(B)~~(C)(2) of this section, the court shall	90054
order the immobilization for ninety days of that vehicle and the	90055
impoundment for ninety days of the license plates of that vehicle.	90056
The order for the immobilization and impoundment shall be issued	90057
and enforced in accordance with section 4503.233 of the Revised	90058
Code.	90059

(b) If, within six years of the current offense, the offender	90060
has been convicted of or pleaded guilty to two or more violations	90061
described in division ~~(B)~~(C)(2) of this section, or if the	90062
offender previously has been convicted of or pleaded guilty to a	90063
violation of division (A) of section 4511.19 of the Revised Code	90064
under circumstances in which the violation was a felony and	90065
regardless of when the violation and the conviction or guilty plea	90066
occurred, the court shall order the criminal forfeiture to the	90067
state of that vehicle. The order of criminal forfeiture shall be	90068
issued and enforced in accordance with section 4503.234 of the	90069
Revised Code.	90070

(D) As used in this section, "county-operated municipal	90071
court" has the same meaning as in section 1901.03 of the Revised	90072
Code.	90073

Sec. 4513.39. (A) The state highway patrol and sheriffs or	90074
their deputies shall exercise, to the exclusion of all other peace	90075
officers except within municipal corporations and except as	90076
specified in division (B) of this section and division (E) of	90077
section 2935.03 of the Revised Code, the power to make arrests for	90078
violations on all state highways, of sections 4503.11, 4503.21,	90079
4511.14 to 4511.16, 4511.20 to 4511.23, 4511.26 to 4511.40,	90080
4511.42 to 4511.48, 4511.58, 4511.59, 4511.62 to 4511.71, 4513.03	90081
to 4513.13, 4513.15 to 4513.22, 4513.24 to 4513.34, 4549.01,	90082
4549.08 to 4549.12, and 4549.62 of the Revised Code.	90083

(B) A member of the police force of a township police	90084
district created under section 505.48 of the Revised Code or of a	90085
joint police district created under section 505.482 of the Revised	90086
Code, and a township constable appointed pursuant to section	90087
509.01 of the Revised Code, who has received a certificate from	90088
the Ohio peace officer training commission under section 109.75 of	90089
the Revised Code, shall exercise the power to make arrests for	90090
violations of those sections listed in division (A) of this	90091
section, other than sections 4513.33 and 4513.34 of the Revised	90092
Code, as follows:	90093

(1) If the population of the township that created the	90094
township or joint police district served by the member's police	90095
force or the township that is served by the township constable is	90096
fifty thousand or less, the member or constable shall exercise	90097
that power on those portions of all state highways, except those	90098
highways included as part of the interstate system, as defined in	90099
section 5516.01 of the Revised Code, that are located within the	90100
township or joint police district, in the case of a member of a	90101
township or joint police district police force, or within the	90102
unincorporated territory of the township, in the case of a	90103
township constable;	90104

(2) If the population of the township that created the	90105
township or joint police district served by the member's police	90106
force or the township that is served by the township constable is	90107
greater than fifty thousand, the member or constable shall	90108
exercise that power on those portions of all state highways and	90109
highways included as part of the interstate highway system, as	90110
defined in section 5516.01 of the Revised Code, that are located	90111
within the township or joint police district, in the case of a	90112
member of a township or joint police district police force, or	90113
within the unincorporated territory of the township, in the case	90114
of a township constable.	90115

Sec. 4513.60. (A)(1) The sheriff of a county or chief of	90116
police of a municipal corporation, township, or township or joint	90117
police district, within the sheriff's or chief's respective	90118
territorial jurisdiction, upon complaint of any person adversely	90119
affected, may order into storage any motor vehicle, other than an	90120
abandoned junk motor vehicle as defined in section 4513.63 of the	90121
Revised Code, that has been left on private residential or private	90122
agricultural property for at least four hours without the	90123
permission of the person having the right to the possession of the	90124
property. The sheriff or chief of police, upon complaint of the	90125
owner of a repair garage or place of storage, may order into	90126
storage any motor vehicle, other than an abandoned junk motor	90127
vehicle, that has been left at the garage or place of storage for	90128
a longer period than that agreed upon. The place of storage shall	90129
be designated by the sheriff or chief of police. When ordering a	90130
motor vehicle into storage pursuant to this division, a sheriff or	90131
chief of police, whenever possible, shall arrange for the removal	90132
of the motor vehicle by a private tow truck operator or towing	90133
company. Subject to division (C) of this section, the owner of a	90134
motor vehicle that has been removed pursuant to this division may	90135
recover the vehicle only in accordance with division (E) of this	90136
section.	90137

(2) Divisions (A)(1) to (3) of this section do not apply to	90138
any private residential or private agricultural property that is	90139
established as a private tow-away zone in accordance with division	90140
(B) of this section.	90141

(3) As used in divisions (A)(1) and (2) of this section,	90142
"private residential property" means private property on which is	90143
located one or more structures that are used as a home, residence,	90144
or sleeping place by one or more persons, if no more than three	90145
separate households are maintained in the structure or structures.	90146
"Private residential property" does not include any private	90147
property on which is located one or more structures that are used	90148
as a home, residence, or sleeping place by two or more persons, if	90149
more than three separate households are maintained in the	90150
structure or structures.	90151

(B)(1) The owner of private property may establish a private	90152
tow-away zone only if all of the following conditions are	90153
satisfied:	90154

(a) The owner posts on the owner's property a sign, that is	90155
at least eighteen inches by twenty-four inches in size, that is	90156
visible from all entrances to the property, and that contains at	90157
least all of the following information:	90158

(i) A notice that the property is a private tow-away zone and	90159
that vehicles not authorized to park on the property will be towed	90160
away;	90161

(ii) The telephone number of the person from whom a	90162
towed-away vehicle can be recovered, and the address of the place	90163
to which the vehicle will be taken and the place from which it may	90164
be recovered;	90165

(iii) A statement that the vehicle may be recovered at any	90166
time during the day or night upon the submission of proof of	90167
ownership and the payment of a towing charge, in an amount not to	90168
exceed ninety dollars, and a storage charge, in an amount not to	90169
exceed twelve dollars per twenty-four-hour period; except that the	90170
charge for towing shall not exceed one hundred fifty dollars, and	90171
the storage charge shall not exceed twenty dollars per	90172
twenty-four-hour period, if the vehicle has a manufacturer's gross	90173
vehicle weight rating in excess of ten thousand pounds and is a	90174
truck, bus, or a combination of a commercial tractor and trailer	90175
or semitrailer.	90176

(b) The place to which the towed vehicle is taken and from	90177
which it may be recovered is conveniently located, is well	90178
lighted, and is on or within a reasonable distance of a regularly	90179
scheduled route of one or more modes of public transportation, if	90180
any public transportation is available in the municipal	90181
corporation or township in which the private tow-away zone is	90182
located.	90183

(2) If a vehicle is parked on private property that is	90184
established as a private tow-away zone in accordance with division	90185
(B)(1) of this section, without the consent of the owner of the	90186
property or in violation of any posted parking condition or	90187
regulation, the owner or the owner's agent may remove, or cause	90188
the removal of, the vehicle, the owner and the operator of the	90189
vehicle shall be deemed to have consented to the removal and	90190
storage of the vehicle and to the payment of the towing and	90191
storage charges specified in division (B)(1)(a)(iii) of this	90192
section, and the owner, subject to division (C) of this section,	90193
may recover a vehicle that has been so removed only in accordance	90194
with division (E) of this section.	90195

(3) If a municipal corporation requires tow trucks and tow	90196
truck operators to be licensed, no owner of private property	90197
located within the municipal corporation shall remove, or shall	90198
cause the removal and storage of, any vehicle pursuant to division	90199
(B)(2) of this section by an unlicensed tow truck or unlicensed	90200
tow truck operator.	90201

(4) Divisions (B)(1) to (3) of this section do not affect or	90202
limit the operation of division (A) of this section or sections	90203
4513.61 to 4513.65 of the Revised Code as they relate to property	90204
other than private property that is established as a private	90205
tow-away zone under division (B)(1) of this section.	90206

(C) If the owner or operator of a motor vehicle that has been	90207
ordered into storage pursuant to division (A)(1) of this section	90208
or of a vehicle that is being removed under authority of division	90209
(B)(2) of this section arrives after the motor vehicle or vehicle	90210
has been prepared for removal, but prior to its actual removal	90211
from the property, the owner or operator shall be given the	90212
opportunity to pay a fee of not more than one-half of the charge	90213
for the removal of motor vehicles under division (A)(1) of this	90214
section or of vehicles under division (B)(2) of this section,	90215
whichever is applicable, that normally is assessed by the person	90216
who has prepared the motor vehicle or vehicle for removal, in	90217
order to obtain release of the motor vehicle or vehicle. Upon	90218
payment of that fee, the motor vehicle or vehicle shall be	90219
released to the owner or operator, and upon its release, the owner	90220
or operator immediately shall move it so that:	90221

(1) If the motor vehicle was ordered into storage pursuant to	90222
division (A)(1) of this section, it is not on the private	90223
residential or private agricultural property without the	90224
permission of the person having the right to possession of the	90225
property, or is not at the garage or place of storage without the	90226
permission of the owner, whichever is applicable.	90227

(2) If the vehicle was being removed under authority of	90228
division (B)(2) of this section, it is not parked on the private	90229
property established as a private tow-away zone without the	90230
consent of the owner or in violation of any posted parking	90231
condition or regulation.	90232

(D)(1) If an owner of private property that is established as	90233
a private tow-away zone in accordance with division (B)(1) of this	90234
section or the authorized agent of such an owner removes or causes	90235
the removal of a vehicle from that property under authority of	90236
division (B)(2) of this section, the owner or agent promptly shall	90237
notify the police department of the municipal corporation,	90238
township, or township or joint police district in which the	90239
property is located, of the removal, the vehicle's license number,	90240
make, model, and color, the location from which it was removed,	90241
the date and time of its removal, the telephone number of the	90242
person from whom it may be recovered, and the address of the place	90243
to which it has been taken and from which it may be recovered.	90244

(2) Each county sheriff and each chief of police of a	90245
municipal corporation, township, or township or joint police	90246
district shall maintain a record of motor vehicles that the	90247
sheriff or chief orders into storage pursuant to division (A)(1)	90248
of this section and of vehicles removed from private property in	90249
the sheriff's or chief's jurisdiction that is established as a	90250
private tow-away zone of which the sheriff or chief has received	90251
notice under division (D)(1) of this section. The record shall	90252
include an entry for each such motor vehicle or vehicle that	90253
identifies the motor vehicle's or vehicle's license number, make,	90254
model, and color, the location from which it was removed, the date	90255
and time of its removal, the telephone number of the person from	90256
whom it may be recovered, and the address of the place to which it	90257
has been taken and from which it may be recovered. Any information	90258
in the record that pertains to a particular motor vehicle or	90259
vehicle shall be provided to any person who, either in person or	90260
pursuant to a telephone call, identifies self as the owner or	90261
operator of the motor vehicle or vehicle and requests information	90262
pertaining to its location.	90263

(3) Any person who registers a complaint that is the basis of	90264
a sheriff's or police chief's order for the removal and storage of	90265
a motor vehicle under division (A)(1) of this section shall	90266
provide the identity of the law enforcement agency with which the	90267
complaint was registered to any person who identifies self as the	90268
owner or operator of the motor vehicle and requests information	90269
pertaining to its location.	90270

(E) The owner of a motor vehicle that is ordered into storage	90271
pursuant to division (A)(1) of this section or of a vehicle that	90272
is removed under authority of division (B)(2) of this section may	90273
reclaim it upon payment of any expenses or charges incurred in its	90274
removal, in an amount not to exceed ninety dollars, and storage,	90275
in an amount not to exceed twelve dollars per twenty-four-hour	90276
period; except that the charge for towing shall not exceed one	90277
hundred fifty dollars, and the storage charge shall not exceed	90278
twenty dollars per twenty-four-hour period, if the vehicle has a	90279
manufacturer's gross vehicle weight rating in excess of ten	90280
thousand pounds and is a truck, bus, or a combination of a	90281
commercial tractor and trailer or semitrailer. Presentation of	90282
proof of ownership, which may be evidenced by a certificate of	90283
title to the motor vehicle or vehicle also shall be required for	90284
reclamation of the vehicle. If a motor vehicle that is ordered	90285
into storage pursuant to division (A)(1) of this section remains	90286
unclaimed by the owner for thirty days, the procedures established	90287
by sections 4513.61 and 4513.62 of the Revised Code shall apply.	90288

(F) No person shall remove, or cause the removal of, any	90289
vehicle from private property that is established as a private	90290
tow-away zone under division (B)(1) of this section other than in	90291
accordance with division (B)(2) of this section, and no person	90292
shall remove, or cause the removal of, any motor vehicle from any	90293
other private property other than in accordance with division	90294
(A)(1) of this section or sections 4513.61 to 4513.65 of the	90295
Revised Code.	90296

(G) Whoever violates division (B)(3) or (F) of this section	90297
is guilty of a minor misdemeanor.	90298

Sec. 4513.61. The sheriff of a county or chief of police of	90299
a municipal corporation, township, or township or joint police	90300
district, within the sheriff's or chief's respective territorial	90301
jurisdiction, or a state highway patrol trooper, upon notification	90302
to the sheriff or chief of police of such action and of the	90303
location of the place of storage, may order into storage any motor	90304
vehicle, including an abandoned junk motor vehicle as defined in	90305
section 4513.63 of the Revised Code, that has come into the	90306
possession of the sheriff, chief of police, or state highway	90307
patrol trooper as a result of the performance of the sheriff's,	90308
chief's, or trooper's duties or that has been left on a public	90309
street or other property open to the public for purposes of	90310
vehicular travel, or upon or within the right-of-way of any road	90311
or highway, for forty-eight hours or longer without notification	90312
to the sheriff or chief of police of the reasons for leaving the	90313
motor vehicle in such place, except that when such a motor vehicle	90314
constitutes an obstruction to traffic it may be ordered into	90315
storage immediately. The sheriff or chief of police shall	90316
designate the place of storage of any motor vehicle so ordered	90317
removed.	90318

The sheriff or chief of police immediately shall cause a	90319
search to be made of the records of the bureau of motor vehicles	90320
to ascertain the owner and any lienholder of a motor vehicle	90321
ordered into storage by the sheriff or chief of police, or by a	90322
state highway patrol trooper, and, if known, shall send or cause	90323
to be sent notice to the owner or lienholder at the owner's or	90324
lienholder's last known address by certified mail with return	90325
receipt requested, that the motor vehicle will be declared a	90326
nuisance and disposed of if not claimed within ten days of the	90327
date of mailing of the notice. The owner or lienholder of the	90328
motor vehicle may reclaim it upon payment of any expenses or	90329
charges incurred in its removal and storage, and presentation of	90330
proof of ownership, which may be evidenced by a certificate of	90331
title or memorandum certificate of title to the motor vehicle. If	90332
the owner or lienholder of the motor vehicle reclaims it after a	90333
search of the records of the bureau has been conducted and after	90334
notice has been sent to the owner or lienholder as described in	90335
this section, and the search was conducted by the owner of the	90336
place of storage or the owner's employee, and the notice was sent	90337
to the motor vehicle owner by the owner of the place of storage or	90338
the owner's employee, the owner or lienholder shall pay to the	90339
place of storage a processing fee of twenty-five dollars, in	90340
addition to any expenses or charges incurred in the removal and	90341
storage of the vehicle.	90342

If the owner or lienholder makes no claim to the motor	90343
vehicle within ten days of the date of mailing of the notice, and	90344
if the vehicle is to be disposed of at public auction as provided	90345
in section 4513.62 of the Revised Code, the sheriff or chief of	90346
police, without charge to any party, shall file with the clerk of	90347
courts of the county in which the place of storage is located an	90348
affidavit showing compliance with the requirements of this	90349
section. Upon presentation of the affidavit, the clerk, without	90350
charge, shall issue a salvage certificate of title, free and clear	90351
of all liens and encumbrances, to the sheriff or chief of police.	90352
If the vehicle is to be disposed of to a motor vehicle salvage	90353
dealer or other facility as provided in section 4513.62 of the	90354
Revised Code, the sheriff or chief of police shall execute in	90355
triplicate an affidavit, as prescribed by the registrar of motor	90356
vehicles, describing the motor vehicle and the manner in which it	90357
was disposed of, and that all requirements of this section have	90358
been complied with. The sheriff or chief of police shall retain	90359
the original of the affidavit for the sheriff's or chief's	90360
records, and shall furnish two copies to the motor vehicle salvage	90361
dealer or other facility. Upon presentation of a copy of the	90362
affidavit by the motor vehicle salvage dealer, the clerk of	90363
courts, within thirty days of the presentation, shall issue to	90364
such owner a salvage certificate of title, free and clear of all	90365
liens and encumbrances.	90366

Whenever a motor vehicle salvage dealer or other facility	90367
receives an affidavit for the disposal of a motor vehicle as	90368
provided in this section, the dealer or facility shall not be	90369
required to obtain an Ohio certificate of title to the motor	90370
vehicle in the dealer's or facility's own name if the vehicle is	90371
dismantled or destroyed and both copies of the affidavit are	90372
delivered to the clerk of courts.	90373

Sec. 4513.62. Unclaimed motor vehicles ordered into storage	90374
pursuant to division (A)(1) of section 4513.60 or section 4513.61	90375
of the Revised Code shall be disposed of at the order of the	90376
sheriff of the county or the chief of police of the municipal	90377
corporation, township, or township or joint police district to a	90378
motor vehicle salvage dealer or scrap metal processing facility as	90379
defined in section 4737.05 of the Revised Code, or to any other	90380
facility owned by or under contract with the county, municipal	90381
corporation, or township, for the disposal of such motor vehicles,	90382
or shall be sold by the sheriff, chief of police, or licensed	90383
auctioneer at public auction, after giving notice thereof by	90384
advertisement, published once a week for two successive weeks in a	90385
newspaper of general circulation in the county or as provided in	90386
section 7.16 of the Revised Code. Any moneys accruing from the	90387
disposition of an unclaimed motor vehicle that are in excess of	90388
the expenses resulting from the removal and storage of the vehicle	90389
shall be credited to the general fund of the county, ~~the~~ municipal	90390
corporation, ~~or the~~ township, or joint police district, as the	90391
case may be.	90392

Sec. 4513.63. "Abandoned junk motor vehicle" means any motor	90393
vehicle meeting all of the following requirements:	90394

(A) Left on private property for forty-eight hours or longer	90395
without the permission of the person having the right to the	90396
possession of the property, on a public street or other property	90397
open to the public for purposes of vehicular travel or parking, or	90398
upon or within the right-of-way of any road or highway, for	90399
forty-eight hours or longer;	90400

(B) Three years old, or older;

90401

(C) Extensively damaged, such damage including but not	90402
limited to any of the following: missing wheels, tires, motor, or	90403
transmission;	90404

(D) Apparently inoperable;

90405

(E) Having a fair market value of one thousand five hundred	90406
dollars or less.	90407

The sheriff of a county or chief of police of a municipal	90408
corporation, township, or township or joint police district,	90409
within the sheriff's or chief's respective territorial	90410
jurisdiction, or a state highway patrol trooper, upon notification	90411
to the sheriff or chief of police of such action, shall order any	90412
abandoned junk motor vehicle to be photographed by a law	90413
enforcement officer. The officer shall record the make of motor	90414
vehicle, the serial number when available, and shall also detail	90415
the damage or missing equipment to substantiate the value of one	90416
thousand five hundred dollars or less. The sheriff or chief of	90417
police shall thereupon immediately dispose of the abandoned junk	90418
motor vehicle to a motor vehicle salvage dealer as defined in	90419
section 4738.01 of the Revised Code or a scrap metal processing	90420
facility as defined in section 4737.05 of the Revised Code which	90421
is under contract to the county, township, or municipal	90422
corporation, or to any other facility owned by or under contract	90423
with the county, township, or municipal corporation for the	90424
destruction of such motor vehicles. The records and photograph	90425
relating to the abandoned junk motor vehicle shall be retained by	90426
the law enforcement agency ordering the disposition of such	90427
vehicle for a period of at least two years. The law enforcement	90428
agency shall execute in quadruplicate an affidavit, as prescribed	90429
by the registrar of motor vehicles, describing the motor vehicle	90430
and the manner in which it was disposed of, and that all	90431
requirements of this section have been complied with, and, within	90432
thirty days of disposing of the vehicle, shall sign and file the	90433
affidavit with the clerk of courts of the county in which the	90434
motor vehicle was abandoned. The clerk of courts shall retain the	90435
original of the affidavit for the clerk's files, shall furnish one	90436
copy thereof to the registrar, one copy to the motor vehicle	90437
salvage dealer or other facility handling the disposal of the	90438
vehicle, and one copy to the law enforcement agency ordering the	90439
disposal, who shall file such copy with the records and photograph	90440
relating to the disposal. Any moneys arising from the disposal of	90441
an abandoned junk motor vehicle shall be deposited in the general	90442
fund of the county, township, or the municipal corporation, as the	90443
case may be.	90444

Notwithstanding section 4513.61 of the Revised Code, any	90445
motor vehicle meeting the requirements of divisions (C), (D), and	90446
(E) of this section which has remained unclaimed by the owner or	90447
lienholder for a period of ten days or longer following	90448
notification as provided in section 4513.61 of the Revised Code	90449
may be disposed of as provided in this section.	90450

Sec. 4513.64. (A) No person shall willfully leave an	90451
abandoned junk motor vehicle as defined in section 4513.63 of the	90452
Revised Code on private property for more than seventy-two hours	90453
without the permission of the person having the right to the	90454
possession of the property, or on a public street or other	90455
property open to the public for purposes of vehicular travel or	90456
parking, or upon or within the right-of-way of any road or	90457
highway, for forty-eight hours or longer without notification to	90458
the sheriff of the county or chief of police of the municipal	90459
corporation, township, or township or joint police district of the	90460
reasons for leaving the motor vehicle in such place.	90461

For purposes of this section, the fact that a motor vehicle	90462
has been so left without permission or notification is prima-facie	90463
evidence of abandonment.	90464

Nothing contained in sections 4513.60, 4513.61, and 4513.63	90465
of the Revised Code shall invalidate the provisions of municipal	90466
ordinances or township resolutions regulating or prohibiting the	90467
abandonment of motor vehicles on streets, highways, public	90468
property, or private property within municipal corporations or	90469
townships.	90470

(B) Whoever violates this section is guilty of a minor	90471
misdemeanor and shall also be assessed any costs incurred by the	90472
county, township, joint police district, or municipal corporation	90473
in disposing of the abandoned junk motor vehicle that is the basis	90474
of the violation, less any money accruing to the county, ~~to the~~	90475
township, joint police district, or ~~to the~~ municipal corporation	90476
from this disposal of the vehicle.	90477

Sec. 4513.66. (A) If a motor vehicle accident occurs on any	90478
highway, public street, or other property open to the public for	90479
purposes of vehicular travel and if any motor vehicle, cargo, or	90480
personal property that has been damaged or spilled as a result of	90481
the motor vehicle accident is blocking the highway, street, or	90482
other property or is otherwise endangering public safety, the	90483
sheriff of the county, or the chief of police of the municipal	90484
corporation, township, or township or joint police district, in	90485
which the accident occurred, a state highway patrol trooper, or	90486
the chief of the fire department having jurisdiction where the	90487
accident occurred may, without consent of the owner but with the	90488
approval of the law enforcement agency conducting any	90489
investigation of the accident, remove the motor vehicle if the	90490
motor vehicle is unoccupied, cargo, or personal property from the	90491
portion of the highway, public street, or property ordinarily used	90492
for vehicular travel on the highway, public street, or other	90493
property open to the public for purposes of vehicular travel.	90494

(B)(1) Except as provided in division (B)(2) or (3) of this	90495
section, no employee of the department of transportation, sheriff,	90496
deputy sheriff, chief of police or police officer of a municipal	90497
corporation, township, or township or joint police district, state	90498
highway patrol trooper, chief of a fire department, or fire	90499
fighter who authorizes or participates in the removal of any	90500
unoccupied motor vehicle, cargo, or personal property as	90501
authorized by division (A) of this section is liable in civil	90502
damages for any injury, death, or loss to person or property that	90503
results from the removal of that unoccupied motor vehicle, cargo,	90504
or personal property. Except as provided in division (B)(2) or (3)	90505
of this section, if the department of transportation or a sheriff,	90506
chief of police of a municipal corporation, township, or township	90507
or joint police district, head of the state highway patrol, or	90508
chief of a fire department authorizes, employs, or arranges to	90509
have a private tow truck operator or towing company remove any	90510
unoccupied motor vehicle, cargo, or personal property as	90511
authorized by division (A) of this section, that private tow truck	90512
operator or towing company is not liable in civil damages for any	90513
injury, death, or loss to person or property that results from the	90514
removal of that unoccupied motor vehicle, cargo, or personal	90515
property, and the department of transportation, sheriff, chief of	90516
police, head of the state highway patrol, or fire department chief	90517
is not liable in civil damages for any injury, death, or loss to	90518
person or property that results from the private tow truck	90519
operator or towing company's removal of that unoccupied motor	90520
vehicle, cargo, or personal property.	90521

(2) Division (B)(1) of this section does not apply to any	90522
person or entity involved in the removal of an unoccupied motor	90523
vehicle, cargo, or personal property pursuant to division (A) of	90524
this section if that removal causes or contributes to the release	90525
of a hazardous material or to structural damage to the roadway.	90526

(3) Division (B)(1) of this section does not apply to a	90527
private tow truck operator or towing company that was not	90528
authorized, employed, or arranged by the department of	90529
transportation, a sheriff, a chief of police of a municipal	90530
corporation, township, or township or joint police district, the	90531
head of the state highway patrol, or a chief of a fire department	90532
or to a private tow truck operator or towing company that was	90533
authorized, employed, or arranged by the department of	90534
transportation, a sheriff, a chief of police of a municipal	90535
corporation, township, or township or joint police district, the	90536
head of the state highway patrol, or a chief of a fire department	90537
to perform the removal of the unoccupied motor vehicle, cargo, or	90538
personal property and the private tow truck operator or towing	90539
company performed the removal in a reckless or willful manner.	90540

(C) As used in this section, "hazardous material" has the	90541
same meaning as in section 2305.232 of the Revised Code.	90542

Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the	90543
Revised Code:	90544

(A) "Persons" includes individuals, firms, partnerships,	90545
associations, joint stock companies, corporations, and any	90546
combinations of individuals.	90547

(B) "Motor vehicle" means motor vehicle as defined in section	90548
4501.01 of the Revised Code and also includes "all-purpose	90549
vehicle" and "off-highway motorcycle" as those terms are defined	90550
in section 4519.01 of the Revised Code. "Motor vehicle" does not	90551
include a snowmobile as defined in section 4519.01 of the Revised	90552
Code or manufactured and mobile homes.	90553

(C) "New motor vehicle" means a motor vehicle, the legal	90554
title to which has never been transferred by a manufacturer,	90555
remanufacturer, distributor, or dealer to an ultimate purchaser.	90556

(D) "Ultimate purchaser" means, with respect to any new motor	90557
vehicle, the first person, other than a dealer purchasing in the	90558
capacity of a dealer, who in good faith purchases such new motor	90559
vehicle for purposes other than resale.	90560

(E) "Business" includes any activities engaged in by any	90561
person for the object of gain, benefit, or advantage either direct	90562
or indirect.	90563

(F) "Engaging in business" means commencing, conducting, or	90564
continuing in business, or liquidating a business when the	90565
liquidator thereof holds self out to be conducting such business;	90566
making a casual sale or otherwise making transfers in the ordinary	90567
course of business when the transfers are made in connection with	90568
the disposition of all or substantially all of the transferor's	90569
assets is not engaging in business.	90570

(G) "Retail sale" or "sale at retail" means the act or	90571
attempted act of selling, bartering, exchanging, or otherwise	90572
disposing of a motor vehicle to an ultimate purchaser for use as a	90573
consumer.	90574

(H) "Retail installment contract" includes any contract in	90575
the form of a note, chattel mortgage, conditional sales contract,	90576
lease, agreement, or other instrument payable in one or more	90577
installments over a period of time and arising out of the retail	90578
sale of a motor vehicle.	90579

(I) "Farm machinery" means all machines and tools used in the	90580
production, harvesting, and care of farm products.	90581

(J) "Dealer" or "motor vehicle dealer" means any new motor	90582
vehicle dealer, any motor vehicle leasing dealer, and any used	90583
motor vehicle dealer.	90584

(K) "New motor vehicle dealer" means any person engaged in	90585
the business of selling at retail, displaying, offering for sale,	90586
or dealing in new motor vehicles pursuant to a contract or	90587
agreement entered into with the manufacturer, remanufacturer, or	90588
distributor of the motor vehicles.	90589

(L) "Used motor vehicle dealer" means any person engaged in	90590
the business of selling, displaying, offering for sale, or dealing	90591
in used motor vehicles, at retail or wholesale, but does not mean	90592
any new motor vehicle dealer selling, displaying, offering for	90593
sale, or dealing in used motor vehicles incidentally to engaging	90594
in the business of selling, displaying, offering for sale, or	90595
dealing in new motor vehicles, any person engaged in the business	90596
of dismantling, salvaging, or rebuilding motor vehicles by means	90597
of using used parts, or any public officer performing official	90598
duties.	90599

(M) "Motor vehicle leasing dealer" means any person engaged	90600
in the business of regularly making available, offering to make	90601
available, or arranging for another person to use a motor vehicle	90602
pursuant to a bailment, lease, sublease, or other contractual	90603
arrangement under which a charge is made for its use at a periodic	90604
rate for a term of thirty days or more, and title to the motor	90605
vehicle is in and remains in the motor vehicle leasing dealer who	90606
originally leases it, irrespective of whether or not the motor	90607
vehicle is the subject of a later sublease, and not in the user,	90608
but does not mean a manufacturer or its affiliate leasing to its	90609
employees or to dealers.	90610

(N) "Salesperson" means any person employed by a dealer or	90611
~~manufactured home broker~~ to sell, display, and offer for sale, or	90612
deal in motor vehicles for a commission, compensation, or other	90613
valuable consideration, but does not mean any public officer	90614
performing official duties.	90615

(O) "Casual sale" means any transfer of a motor vehicle by a	90616
person other than a new motor vehicle dealer, used motor vehicle	90617
dealer, motor vehicle salvage dealer, as defined in division (A)	90618
of section 4738.01 of the Revised Code, salesperson, motor vehicle	90619
auction owner, manufacturer, or distributor acting in the capacity	90620
of a dealer, salesperson, auction owner, manufacturer, or	90621
distributor, to a person who purchases the motor vehicle for use	90622
as a consumer.	90623

(P) "Motor vehicle show" means a display of current models of	90624
motor vehicles whereby the primary purpose is the exhibition of	90625
competitive makes and models in order to provide the general	90626
public the opportunity to review and inspect various makes and	90627
models of motor vehicles at a single location.	90628

(Q) "Motor vehicle auction owner" means any person who is	90629
engaged wholly or in part in the business of auctioning motor	90630
vehicles, but does not mean a construction equipment auctioneer or	90631
a construction equipment auction licensee.	90632

(R) "Manufacturer" means a person who manufactures,	90633
assembles, or imports motor vehicles, including motor homes, but	90634
does not mean a person who only assembles or installs a body,	90635
special equipment unit, finishing trim, or accessories on a motor	90636
vehicle chassis supplied by a manufacturer or distributor.	90637

(S) "Tent-type fold-out camping trailer" means any vehicle	90638
intended to be used, when stationary, as a temporary shelter with	90639
living and sleeping facilities, and that is subject to the	90640
following properties and limitations:	90641

(1) A minimum of twenty-five per cent of the fold-out portion	90642
of the top and sidewalls combined must be constructed of canvas,	90643
vinyl, or other fabric, and form an integral part of the shelter.	90644

(2) When folded, the unit must not exceed:

90645

(a) Fifteen feet in length, exclusive of bumper and tongue;

90646

(b) Sixty inches in height from the point of contact with the	90647
ground;	90648

90649

(d) One ton gross weight at time of sale.

90650

(T) "Distributor" means any person authorized by a motor	90651
vehicle manufacturer to distribute new motor vehicles to licensed	90652
new motor vehicle dealers, but does not mean a person who only	90653
assembles or installs a body, special equipment unit, finishing	90654
trim, or accessories on a motor vehicle chassis supplied by a	90655
manufacturer or distributor.	90656

(U) "Flea market" means a market place, other than a dealer's	90657
location licensed under this chapter, where a space or location is	90658
provided for a fee or compensation to a seller to exhibit and	90659
offer for sale or trade, motor vehicles to the general public.	90660

(V) "Franchise" means any written agreement, contract, or	90661
understanding between any motor vehicle manufacturer or	90662
remanufacturer engaged in commerce and any motor vehicle dealer	90663
that purports to fix the legal rights and liabilities of the	90664
parties to such agreement, contract, or understanding.	90665

(W) "Franchisee" means a person who receives new motor	90666
vehicles from the franchisor under a franchise agreement and who	90667
offers, sells, and provides service for such new motor vehicles to	90668
the general public.	90669

(X) "Franchisor" means a new motor vehicle manufacturer,	90670
remanufacturer, or distributor who supplies new motor vehicles	90671
under a franchise agreement to a franchisee.	90672

(Y) "Dealer organization" means a state or local trade	90673
association the membership of which is comprised predominantly of	90674
new motor vehicle dealers.	90675

(Z) "Factory representative" means a representative employed	90676
by a manufacturer, remanufacturer, or by a factory branch	90677
primarily for the purpose of promoting the sale of its motor	90678
vehicles, parts, or accessories to dealers or for supervising or	90679
contacting its dealers or prospective dealers.	90680

(AA) "Administrative or executive management" means those	90681
individuals who are not subject to federal wage and hour laws.	90682

(BB) "Good faith" means honesty in the conduct or transaction	90683
concerned and the observance of reasonable commercial standards of	90684
fair dealing in the trade as is defined in section 1301.201 of the	90685
Revised Code, including, but not limited to, the duty to act in a	90686
fair and equitable manner so as to guarantee freedom from	90687
coercion, intimidation, or threats of coercion or intimidation;	90688
provided however, that recommendation, endorsement, exposition,	90689
persuasion, urging, or argument shall not be considered to	90690
constitute a lack of good faith.	90691

(CC) "Coerce" means to compel or attempt to compel by failing	90692
to act in good faith or by threat of economic harm, breach of	90693
contract, or other adverse consequences. Coerce does not mean to	90694
argue, urge, recommend, or persuade.	90695

(DD) "Relevant market area" means any area within a radius of	90696
ten miles from the site of a potential new dealership, except that	90697
for manufactured home or recreational vehicle dealerships the	90698
radius shall be twenty-five miles. The ten-mile radius shall be	90699
measured from the dealer's established place of business that is	90700
used exclusively for the purpose of selling, displaying, offering	90701
for sale, or dealing in motor vehicles.	90702

(EE) "Wholesale" or "at wholesale" means the act or attempted	90703
act of selling, bartering, exchanging, or otherwise disposing of a	90704
motor vehicle to a transferee for the purpose of resale and not	90705
for ultimate consumption by that transferee.	90706

(FF) "Motor vehicle wholesaler" means any person licensed as	90707
a dealer under the laws of another state and engaged in the	90708
business of selling, displaying, or offering for sale used motor	90709
vehicles, at wholesale, but does not mean any motor vehicle dealer	90710
as defined in this section.	90711

(GG)(1) "Remanufacturer" means a person who assembles or	90712
installs passenger seating, walls, a roof elevation, or a body	90713
extension on a conversion van with the motor vehicle chassis	90714
supplied by a manufacturer or distributor, a person who modifies a	90715
truck chassis supplied by a manufacturer or distributor for use as	90716
a public safety or public service vehicle, a person who modifies a	90717
motor vehicle chassis supplied by a manufacturer or distributor	90718
for use as a limousine or hearse, or a person who modifies an	90719
incomplete motor vehicle cab and chassis supplied by a new motor	90720
vehicle dealer or distributor for use as a tow truck, but does not	90721
mean either of the following:	90722

(a) A person who assembles or installs passenger seating, a	90723
roof elevation, or a body extension on a recreational vehicle as	90724
defined in division (Q) and referred to in division (B) of section	90725
4501.01 of the Revised Code;	90726

(b) A person who assembles or installs special equipment or	90727
accessories for handicapped persons, as defined in section 4503.44	90728
of the Revised Code, upon a motor vehicle chassis supplied by a	90729
manufacturer or distributor.	90730

(2) For the purposes of division (GG)(1) of this section,	90731
"public safety vehicle or public service vehicle" means a fire	90732
truck, ambulance, school bus, street sweeper, garbage packing	90733
truck, or cement mixer, or a mobile self-contained facility	90734
vehicle.	90735

(3) For the purposes of division (GG)(1) of this section,	90736
"limousine" means a motor vehicle, designed only for the purpose	90737
of carrying nine or fewer passengers, that a person modifies by	90738
cutting the original chassis, lengthening the wheelbase by forty	90739
inches or more, and reinforcing the chassis in such a way that all	90740
modifications comply with all applicable federal motor vehicle	90741
safety standards. No person shall qualify as or be deemed to be a	90742
remanufacturer who produces limousines unless the person has a	90743
written agreement with the manufacturer of the chassis the person	90744
utilizes to produce the limousines to complete properly the	90745
remanufacture of the chassis into limousines.	90746

(4) For the purposes of division (GG)(1) of this section,	90747
"hearse" means a motor vehicle, designed only for the purpose of	90748
transporting a single casket, that is equipped with a compartment	90749
designed specifically to carry a single casket that a person	90750
modifies by cutting the original chassis, lengthening the	90751
wheelbase by ten inches or more, and reinforcing the chassis in	90752
such a way that all modifications comply with all applicable	90753
federal motor vehicle safety standards. No person shall qualify as	90754
or be deemed to be a remanufacturer who produces hearses unless	90755
the person has a written agreement with the manufacturer of the	90756
chassis the person utilizes to produce the hearses to complete	90757
properly the remanufacture of the chassis into hearses.	90758

(5) For the purposes of division (GG)(1) of this section,	90759
"mobile self-contained facility vehicle" means a mobile classroom	90760
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,	90761
testing laboratory, and mobile display vehicle, each of which is	90762
designed for purposes other than for passenger transportation and	90763
other than the transportation or displacement of cargo, freight,	90764
materials, or merchandise. A vehicle is remanufactured into a	90765
mobile self-contained facility vehicle in part by the addition of	90766
insulation to the body shell, and installation of all of the	90767
following: a generator, electrical wiring, plumbing, holding	90768
tanks, doors, windows, cabinets, shelving, and heating,	90769
ventilating, and air conditioning systems.	90770

(6) For the purposes of division (GG)(1) of this section,	90771
"tow truck" means both of the following:	90772

(a) An incomplete cab and chassis that are purchased by a	90773
remanufacturer from a new motor vehicle dealer or distributor of	90774
the cab and chassis and on which the remanufacturer then installs	90775
in a permanent manner a wrecker body it purchases from a	90776
manufacturer or distributor of wrecker bodies, installs an	90777
emergency flashing light pylon and emergency lights upon the mast	90778
of the wrecker body or rooftop, and installs such other related	90779
accessories and equipment, including push bumpers, front grille	90780
guards with pads and other custom-ordered items such as painting,	90781
special lettering, and safety striping so as to create a complete	90782
motor vehicle capable of lifting and towing another motor vehicle.	90783

(b) An incomplete cab and chassis that are purchased by a	90784
remanufacturer from a new motor vehicle dealer or distributor of	90785
the cab and chassis and on which the remanufacturer then installs	90786
in a permanent manner a car carrier body it purchases from a	90787
manufacturer or distributor of car carrier bodies, installs an	90788
emergency flashing light pylon and emergency lights upon the	90789
rooftop, and installs such other related accessories and	90790
equipment, including push bumpers, front grille guards with pads	90791
and other custom-ordered items such as painting, special	90792
lettering, and safety striping.	90793

As used in division (GG)(6)(b) of this section, "car carrier	90794
body" means a mechanical or hydraulic apparatus capable of lifting	90795
and holding a motor vehicle on a flat level surface so that one or	90796
more motor vehicles can be transported, once the car carrier is	90797
permanently installed upon an incomplete cab and chassis.	90798

(HH) "Operating as a new motor vehicle dealership" means	90799
engaging in activities such as displaying, offering for sale, and	90800
selling new motor vehicles at retail, operating a service facility	90801
to perform repairs and maintenance on motor vehicles, offering for	90802
sale and selling motor vehicle parts at retail, and conducting all	90803
other acts that are usual and customary to the operation of a new	90804
motor vehicle dealership. For the purposes of this chapter only,	90805
possession of either a valid new motor vehicle dealer franchise	90806
agreement or a new motor vehicle dealers license, or both of these	90807
items, is not evidence that a person is operating as a new motor	90808
vehicle dealership.	90809

(II) "Outdoor power equipment" means garden and small utility	90810
tractors, walk-behind and riding mowers, chainsaws, and tillers.	90811

(JJ) "Remote service facility" means premises that are	90812
separate from a licensed new motor vehicle dealer's sales facility	90813
by not more than one mile and that are used by the dealer to	90814
perform repairs, warranty work, recall work, and maintenance on	90815
motor vehicles pursuant to a franchise agreement entered into with	90816
a manufacturer of motor vehicles. A remote service facility shall	90817
be deemed to be part of the franchise agreement and is subject to	90818
all the rights, duties, obligations, and requirements of Chapter	90819
4517. of the Revised Code that relate to the performance of motor	90820
vehicle repairs, warranty work, recall work, and maintenance work	90821
by new motor vehicle dealers.	90822

(KK) "Recreational vehicle" has the same meaning as in	90823
section 4501.01 of the Revised Code.	90824

(LL) "Construction equipment auctioneer" means a person who	90825
holds both a valid ~~auctioneer's~~auction firm license issued under	90826
Chapter 4707. of the Revised Code and a valid construction	90827
equipment auction license issued under this chapter.	90828

(MM) "Large construction or transportation equipment" means	90829
vehicles having a gross vehicle weight rating of more than ten	90830
thousand pounds and includes road rollers, traction engines, power	90831
shovels, power cranes, commercial cars and trucks, or farm trucks,	90832
and other similar vehicles obtained primarily from the	90833
construction, mining, transportation or farming industries.	90834

Sec. 4517.02. (A) Except as otherwise provided in this	90835
section, no person shall do any of the following:	90836

(1) Engage in the business of displaying or selling at retail	90837
new motor vehicles or assume to engage in that business, unless	90838
the person is licensed as a new motor vehicle dealer under	90839
sections 4517.01 to 4517.45 of the Revised Code, or is a	90840
salesperson licensed under those sections and employed by a	90841
licensed new motor vehicle dealer;	90842

(2) Engage in the business of offering for sale, displaying	90843
for sale, or selling at retail or wholesale used motor vehicles or	90844
assume to engage in that business, unless the person is licensed	90845
as a dealer under sections 4517.01 to 4517.45 of the Revised Code,	90846
is a salesperson licensed under those sections and employed by a	90847
licensed used motor vehicle dealer or licensed new motor vehicle	90848
dealer, or the person holds a construction equipment auction	90849
license issued under section 4517.17 of the Revised Code;	90850

(3) Engage in the business of regularly making available,	90851
offering to make available, or arranging for another person to use	90852
a motor vehicle, in the manner described in division (M) of	90853
section 4517.01 of the Revised Code, unless the person is licensed	90854
as a motor vehicle leasing dealer under sections 4517.01 to	90855
4517.45 of the Revised Code;	90856

(4) Engage in the business of motor vehicle auctioning or	90857
assume to engage in that business, unless the person is licensed	90858
as a motor vehicle auction owner under sections 4517.01 to 4517.45	90859
of the Revised Code and the person uses an auctioneer who is	90860
licensed under Chapter 4707. of the Revised Code to conduct the	90861
motor vehicle auctions or the person holds a construction	90862
equipment auction license issued under section 4517.17 of the	90863
Revised Code;	90864

(5) Engage in the business of distributing motor vehicles or	90865
assume to engage in that business, unless the person is licensed	90866
as a distributor under sections 4517.01 to 4517.45 of the Revised	90867
Code;	90868

(6) Make more than five casual sales of motor vehicles in a	90869
twelve-month period, commencing with the day of the month in which	90870
the first such sale is made, nor provide a location or space for	90871
the sale of motor vehicles at a flea market, without obtaining a	90872
license as a dealer under sections 4517.01 to 4517.45 of the	90873
Revised Code, provided that nothing in this section shall be	90874
construed to prohibit the disposition without a license of a motor	90875
vehicle originally acquired and held for purposes other than sale,	90876
rental, or lease to an employee, retiree, officer, or director of	90877
the person making the disposition, to a corporation affiliated	90878
with the person making the disposition, or to a person licensed	90879
under sections 4517.01 to 4517.45 of the Revised Code;	90880

(7) Engage in the business of auctioning both large	90881
construction or transportation equipment and also motor vehicles	90882
incident thereto, unless the person is a construction equipment	90883
auctioneer or the person is licensed as a motor vehicle auction	90884
owner and the person uses an auctioneer who is licensed under	90885
Chapter 4707. of the Revised Code to conduct the auction.	90886

(B) Nothing in this section shall be construed to require an	90887
auctioneer licensed under sections 4707.01 to 4707.19 of the	90888
Revised Code, to obtain a motor vehicle salesperson's license	90889
under sections 4517.01 to 4517.45 of the Revised Code when	90890
conducting an auction sale for a licensed motor vehicle dealer on	90891
the dealer's premises, or when conducting an auction sale for a	90892
licensed motor vehicle auction owner; nor shall such an auctioneer	90893
be required to obtain a motor vehicle auction owner's license	90894
under sections 4517.01 to 4517.45 of the Revised Code when engaged	90895
in auctioning for a licensed motor vehicle auction owner.	90896

The establishment of a construction equipment auction license	90897
by Am. Sub. H.B. 114 of the 129th general assembly shall not in	90898
any way modify, limit, or restrict in any manner the conduct of	90899
auctions by persons licensed under Chapter 4707. of the Revised	90900
Code who are acting in compliance with that chapter.	90901

(C) Sections 4517.01 to 4517.45 of the Revised Code do not	90902
apply to any of the following:	90903

(1) Persons engaging in the business of selling commercial	90904
tractors, trailers, or semitrailers incidentally to engaging	90905
primarily in business other than the selling or leasing of motor	90906
vehicles;	90907

(2) Mortgagees selling at retail only those motor vehicles	90908
that have come into their possession by a default in the terms of	90909
a mortgage contract;	90910

(3) The leasing, rental, and interchange of motor vehicles	90911
used directly in the rendition of a public utility service by	90912
regulated motor carriers.	90913

(D) When a partnership licensed under sections 4517.01 to	90914
4517.45 of the Revised Code is dissolved by death, the surviving	90915
partners may operate under the license for a period of sixty days,	90916
and the heirs or representatives of deceased persons and receivers	90917
or trustees in bankruptcy appointed by any competent authority may	90918
operate under the license of the person succeeded in possession by	90919
that heir, representative, receiver, or trustee in bankruptcy.	90920

(E) No remanufacturer shall engage in the business of selling	90921
at retail any new motor vehicle without having written authority	90922
from the manufacturer or distributor of the vehicle to sell new	90923
motor vehicles and to perform repairs under the terms of the	90924
manufacturer's or distributor's new motor vehicle warranty,	90925
unless, at the time of the sale of the vehicle, each customer is	90926
furnished with a binding agreement ensuring that the customer has	90927
the right to have the vehicle serviced or repaired by a new motor	90928
vehicle dealer who is franchised to sell and service vehicles of	90929
the same line-make as the chassis of the remanufactured vehicle	90930
purchased by the customer and whose service or repair facility is	90931
located within either twenty miles of the remanufacturer's	90932
location and place of business or twenty miles of the customer's	90933
residence or place of business. If there is no such new motor	90934
vehicle dealer located within twenty miles of the remanufacturer's	90935
location and place of business or the customer's residence or	90936
place of business, the binding agreement furnished to the customer	90937
may be with the new motor vehicle dealer who is franchised to sell	90938
and service vehicles of the same line-make as the chassis of the	90939
remanufactured vehicle purchased by the customer and whose service	90940
or repair facility is located nearest to the remanufacturer's	90941
location and place of business or the customer's residence or	90942
place of business. Additionally, at the time of sale of any	90943
vehicle, each customer of the remanufacturer shall be furnished	90944
with a warranty issued by the remanufacturer for a term of at	90945
least one year.	90946

(F) Except as otherwise provided in this division, whoever	90947
violates this section is guilty of a minor misdemeanor and shall	90948
be subject to a mandatory fine of one hundred dollars. If the	90949
offender previously has been convicted of or pleaded guilty to a	90950
violation of this section, whoever violates this section is guilty	90951
of a misdemeanor of the first degree and shall be subject to a	90952
mandatory fine of one thousand dollars.	90953

Sec. 4517.04. Each person applying for a new motor vehicle	90954
dealer's license shall ~~annually~~biennially make out and deliver to	90955
the registrar of motor vehicles, before the first day of April,	90956
and upon a blank to be furnished by the registrar for that	90957
purpose, a separate application for license for each county in	90958
which the business of selling new motor vehicles is to be	90959
conducted. The application shall be in the form prescribed by the	90960
registrar, shall be signed and sworn to by the applicant, and, in	90961
addition to any other information required by the registrar, shall	90962
include the following:	90963

(A) Name of applicant and location of principal place of	90964
business;	90965

(B) Name or style under which business is to be conducted	90966
and, if a corporation, the state of incorporation;	90967

(C) Name and address of each owner or partner and, if a	90968
corporation, the names of the officers and directors;	90969

(D) The county in which the business is to be conducted and	90970
the address of each place of business therein;	90971

(E) A statement of the previous history, record, and	90972
association of the applicant and of each owner, partner, officer,	90973
and director, that shall be sufficient to establish to the	90974
satisfaction of the registrar the reputation in business of the	90975
applicant;	90976

(F) A statement showing whether the applicant has previously	90977
applied for a motor vehicle dealer's license, motor vehicle	90978
leasing dealer's license, ~~manufactured home broker's license,~~	90979
distributor's license, motor vehicle auction owner's license, or	90980
motor vehicle salesperson's license, and the result of the	90981
application, and whether the applicant has ever been the holder of	90982
any such license that was revoked or suspended;	90983

(G) If the applicant is a corporation or partnership, a	90984
statement showing whether any partner, employee, officer, or	90985
director has been refused a motor vehicle dealer's license, motor	90986
vehicle leasing dealer's license, ~~manufactured home broker's~~	90987
~~license,~~ distributor's license, motor vehicle auction owner's	90988
license, or motor vehicle salesperson's license, or has been the	90989
holder of any such license that was revoked or suspended;	90990

(H) A statement of the makes of new motor vehicles to be	90991
handled.	90992

The statement required by division (E) of this section shall	90993
indicate whether the applicant or, if applicable, any of the	90994
applicant's owners, partners, officers, or directors,	90995
individually, or as owner, partner, officer, or director of a	90996
business entity, has been convicted of, pleaded guilty, or pleaded	90997
no contest, in a criminal action, or had a judgment rendered	90998
against ~~him~~the person in a civil action for, a violation of	90999
sections 4549.41 to 4549.46 of the Revised Code, of any	91000
substantively comparable provisions of the law of any other state,	91001
or of subchapter IV of the "Motor Vehicle Information and Cost	91002
Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	91003

A true copy of the contract, agreement, or understanding the	91004
applicant has entered into or is about to enter into with the	91005
manufacturer or distributor of the new motor vehicles the	91006
applicant will handle shall be filed with the application. If the	91007
contract, agreement, or understanding is not in writing, a written	91008
statement of all the terms thereof shall be filed. Each such copy	91009
or statement shall bear a certificate signed by each party to the	91010
contract, agreement, or understanding, to the effect that the copy	91011
or statement is true and complete and contains all of the	91012
agreements made or about to be made between the parties.	91013

The application also shall be accompanied by a photograph, as	91014
prescribed by the registrar, of each place of business operated,	91015
or to be operated, by the applicant.	91016

Sec. 4517.09. Each person applying for a salesperson's	91017
license shall ~~annually~~biennially make out and deliver to the	91018
registrar of motor vehicles, before the first day of July and upon	91019
a blank to be furnished by the registrar for that purpose, an	91020
application for license. The application shall be in the form	91021
prescribed by the registrar, shall be signed and sworn to by the	91022
applicant, and, in addition to any other information required by	91023
the registrar, shall include the following:	91024

(A) Name and post-office address of the applicant;

91025

(B) Name and post-office address of the motor vehicle dealer	91026
~~or manufactured home broker~~ for whom the applicant intends to act	91027
as salesperson;	91028

(C) A statement of the applicant's previous history, record,	91029
and association, that shall be sufficient to establish to the	91030
satisfaction of the registrar the applicant's reputation in	91031
business;	91032

(D) A statement as to whether the applicant intends to engage	91033
in any occupation or business other than that of a motor vehicle	91034
salesperson;	91035

(E) A statement as to whether the applicant has ever had any	91036
previous application refused, and whether the applicant has	91037
previously had a license revoked or suspended;	91038

(F) A statement as to whether the applicant was an employee	91039
of or salesperson for a dealer ~~or manufactured home broker~~ whose	91040
license was suspended or revoked;	91041

(G) A statement of the motor vehicle dealer ~~or manufactured~~	91042
~~home broker~~ named therein, designating the applicant as the	91043
dealer's ~~or broker's~~ salesperson.	91044

The statement required by division (C) of this section shall	91045
indicate whether the applicant individually, or as an owner,	91046
partner, officer, or director of a business entity, has been	91047
convicted of, or pleaded guilty to, in a criminal action, or had a	91048
judgment rendered against the applicant in a civil action for, a	91049
violation of sections 4549.41 to 4549.46 of the Revised Code, of	91050
any substantively comparable provisions of the law of any other	91051
state, or of subchapter IV of the "Motor Vehicle Information and	91052
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	91053

Sec. 4517.10. At the time the registrar of motor vehicles	91054
grants the application of any person for a license as motor	91055
vehicle dealer, motor vehicle leasing dealer, ~~manufactured home~~	91056
~~broker,~~ distributor, motor vehicle auction owner, or motor vehicle	91057
salesperson, the registrar shall issue to the person a license.	91058
The registrar shall prescribe different forms for the licenses of	91059
motor vehicle dealers, motor vehicle leasing dealers, ~~manufactured~~	91060
~~home brokers,~~ distributors, motor vehicle auction owners, and	91061
motor vehicle salespersons, and all licenses shall include the	91062
name and post-office address of the person licensed.	91063

The fee for a motor vehicle dealer's license,and a motor	91064
vehicle leasing dealer's license~~, and a manufactured home broker's~~	91065
~~license~~ shall be fifty dollars~~, and the~~. In addition to the	91066
license fee, the registrar shall collect from each applicant for	91067
an initial motor vehicle dealer's license and motor vehicle	91068
leasing dealer's license a separate fee in an amount equal to the	91069
last assessment required by section 4505.181 of the Revised Code	91070
for all motor vehicle dealers and motor vehicle leasing dealers.	91071
The registrar shall deposit the separate fee into the state	91072
treasury to the credit of the title defect rescision fund created	91073
in section 1345.52 of the Revised Code. The fee for a	91074
salesperson's license shall be ten dollars. The fee for a motor	91075
vehicle auction owner's license shall be one hundred dollars for	91076
each location. The fee for a distributor's license shall be one	91077
hundred dollars for each distributorship. In all cases, the fee	91078
shall accompany the application for license.	91079

The registrar may require each applicant for a license issued	91080
under this chapter to pay an additional fee, which shall be used	91081
by the registrar to pay the costs of obtaining a record of any	91082
arrests and convictions of the applicant from the Ohio bureau of	91083
identification and investigation. The amount of the fee shall be	91084
equal to that paid by the registrar to obtain such record.	91085

If a motor vehicle dealer,or a motor vehicle leasing dealer,	91086
~~or a manufactured home broker,~~ has more than one place of business	91087
in the county, the dealer ~~or the broker~~ shall make application, in	91088
such form as the registrar prescribes, for a certified copy of the	91089
license issued to the dealer ~~or manufactured home broker~~ for each	91090
place of business operated. In the event of the loss, mutilation,	91091
or destruction of a license issued under sections 4517.01 to	91092
4517.65 of the Revised Code, any licensee may make application to	91093
the registrar, in such form as the registrar prescribes, for a	91094
duplicate copy thereof. The fee for a certified or duplicate copy	91095
of a motor vehicle dealer's, motor vehicle leasing dealer's,	91096
~~manufactured home broker's,~~ distributor's, or auction owner's	91097
license, is two dollars, and the fee for a duplicate copy of a	91098
salesperson's license is one dollar. All fees for such copies	91099
shall accompany the applications.	91100

Beginning on ~~the effective date of this amendment~~September	91101
16, 2004, all motor vehicle dealers' licenses, motor vehicle	91102
leasing dealers' licenses, ~~manufactured home broker's licenses,~~	91103
distributors' licenses, auction owners' licenses, and all	91104
salespersons' licenses issued or renewed shall expire biennially	91105
on a day within the two-year cycle that is prescribed by the	91106
registrar, unless sooner suspended or revoked. Before the first	91107
day after the day prescribed by the registrar in the year that the	91108
license expires, each licensed motor vehicle dealer, motor vehicle	91109
leasing dealer, ~~manufactured home broker,~~ distributor, and auction	91110
owner and each licensed salesperson, in the year in which the	91111
license will expire, shall file an application, in such form as	91112
the registrar prescribes, for the renewal of such license. The fee	91113
~~provided in this section~~ for ~~the original~~renewing a motor	91114
vehicle dealer's license and a motor vehicle leasing dealer's	91115
license shall be fifty dollars. The fee for renewing a	91116
salesperson's license shall be ten dollars. The fee for renewing a	91117
motor vehicle auction owner's license shall be one hundred dollars	91118
for each location. The fee for renewing a distributor's license	91119
shall be one hundred dollars for each distributorship. In all	91120
cases the license renewal fee shall accompany the renewal	91121
application.	91122

Any salesperson's license shall be suspended upon the	91123
termination, suspension, or revocation of the license of the motor	91124
vehicle dealer ~~or manufactured home broker~~ for whom the	91125
salesperson is acting, or upon the salesperson leaving the service	91126
of the motor vehicle dealer ~~or manufactured home broker~~; provided	91127
that upon the termination, suspension, or revocation of the	91128
license of the motor vehicle dealer ~~or manufactured home broker~~	91129
for whom the salesperson is acting, or upon the salesperson	91130
leaving the service of a licensed motor vehicle dealer or	91131
~~manufactured home broker~~, the licensed salesperson, upon entering	91132
the service of any other licensed motor vehicle dealer or	91133
~~manufactured home broker~~, shall make application to the registrar,	91134
in such form as the registrar prescribes, to have the	91135
salesperson's license reinstated, transferred, and registered as a	91136
salesperson for the other dealer ~~or broker~~. If the information	91137
contained in the application is satisfactory to the registrar, the	91138
registrar shall have the salesperson's license reinstated,	91139
transferred, and registered as a salesperson for the other dealer	91140
~~or broker~~. The fee for the reinstatement and transfer of license	91141
shall be two dollars. No license issued to a motor vehicle dealer,	91142
motor vehicle leasing dealer, auction owner, ~~manufactured home~~	91143
~~broker,~~ or salesperson, under sections 4517.01 to 4517.65 of the	91144
Revised Code shall be transferable to any other person.	91145

Each motor vehicle dealer, motor vehicle leasing dealer,	91146
~~manufactured home broker,~~ distributor, and auction owner shall	91147
keep the license or a certified copy thereof and, in the case of a	91148
dealer ~~or broker~~, a current list of the dealer's ~~or the broker's~~	91149
licensed salespersons, showing the names, addresses, and serial	91150
numbers of their licenses, posted in a conspicuous place in each	91151
place of business. Each salesperson shall carry the salesperson's	91152
license or a certified copy thereof and shall exhibit such license	91153
or copy upon demand to any inspector of the bureau of motor	91154
vehicles, state highway patrol trooper, police officer, or person	91155
with whom the salesperson seeks to transact business as a motor	91156
vehicle salesperson.	91157

The notice of refusal to grant a license shall disclose the	91158
reason for refusal.	91159

Sec. 4517.12. (A) The registrar of motor vehicles shall deny	91160
the application of any person for a license as a motor vehicle	91161
dealer, motor vehicle leasing dealer, ~~manufactured home broker,~~ or	91162
motor vehicle auction owner and refuse to issue the license if the	91163
registrar finds that the applicant:	91164

(1) Has made any false statement of a material fact in the	91165
application;	91166

(2) Has not complied with sections 4517.01 to 4517.45 of the	91167
Revised Code;	91168

(3) Is of bad business repute or has habitually defaulted on	91169
financial obligations;	91170

(4) Is engaged or will engage in the business of selling at	91171
retail any new motor vehicles without having written authority	91172
from the manufacturer or distributor thereof to sell new motor	91173
vehicles and to perform repairs under the terms of the	91174
manufacturer's or distributor's new motor vehicle warranty, except	91175
as provided in division (C) of this section and except that a	91176
person who assembles or installs special equipment or accessories	91177
for handicapped persons, as defined in section 4503.44 of the	91178
Revised Code, upon a motor vehicle chassis supplied by a	91179
manufacturer or distributor shall not be denied a license pursuant	91180
to division (A)(4) of this section;	91181

(5) Has been guilty of a fraudulent act in connection with	91182
selling or otherwise dealing in, or leasing, motor vehicles, or in	91183
connection with brokering manufactured homes;	91184

(6) Has entered into or is about to enter into a contract or	91185
agreement with a manufacturer or distributor of motor vehicles	91186
that is contrary to sections 4517.01 to 4517.45 of the Revised	91187
Code;	91188

(7) Is insolvent;

91189

(8) Is of insufficient responsibility to ensure the prompt	91190
payment of any final judgments that might reasonably be entered	91191
against the applicant because of the transaction of business as a	91192
motor vehicle dealer, motor vehicle leasing dealer, ~~manufactured~~	91193
~~home broker,~~ or motor vehicle auction owner during the period of	91194
the license applied for, or has failed to satisfy any such	91195
judgment;	91196

(9) Has no established place of business that, where	91197
applicable, is used or will be used for the purpose of selling,	91198
displaying, offering for sale, dealing in, or leasing motor	91199
vehicles at the location for which application is made;	91200

(10) Has, less than twelve months prior to making	91201
application, been denied a motor vehicle dealer's, motor vehicle	91202
leasing dealer's, ~~manufactured home broker's,~~ or motor vehicle	91203
auction owner's license, or has any such license revoked.	91204

(B) If the applicant is a corporation or partnership, the	91205
registrar may refuse to issue a license if any officer, director,	91206
or partner of the applicant has been guilty of any act or omission	91207
that would be cause for refusing or revoking a license issued to	91208
such officer, director, or partner as an individual. The	91209
registrar's finding may be based upon facts contained in the	91210
application or upon any other information the registrar may have.	91211
Immediately upon denying an application for any of the reasons in	91212
this section, the registrar shall enter a final order together	91213
with the registrar's findings and certify the same to the motor	91214
vehicle dealers' and salespersons' licensing board.	91215

(C) Notwithstanding division (A)(4) of this section, the	91216
registrar shall not deny the application of any person and refuse	91217
to issue a license if the registrar finds that the applicant is	91218
engaged or will engage in the business of selling at retail any	91219
new motor vehicles and demonstrates all of the following in the	91220
form prescribed by the registrar:	91221

(1) That the applicant has posted a bond, surety, or	91222
certificate of deposit with the registrar in an amount not less	91223
than one hundred thousand dollars for the protection and benefit	91224
of the applicant's customers except that a new motor vehicle	91225
dealer who is not exclusively engaged in the business of selling	91226
remanufactured vehicles shall not be required to post the bond,	91227
surety, or certificate of deposit otherwise required by division	91228
(C)(1) of this section;	91229

(2) ~~That, at the time of the sale of the vehicle, each~~	91230
~~customer of the applicant will be furnished with a binding~~	91231
~~agreement ensuring that the customer has the right to have the~~	91232
~~vehicle serviced or repaired by a new motor vehicle dealer who is~~	91233
~~licensed to sell and service vehicles of the same line-make as the~~	91234
~~chassis of the remanufactured vehicle purchased by the customer~~	91235
~~and whose service or repair facility is located within either~~	91236
~~twenty miles of the applicant's location and place of business or~~	91237
~~twenty miles of the customer's residence or place of business. If~~	91238
~~there is no such new motor vehicle dealer located within twenty~~	91239
~~miles of the applicant's location and place of business or the~~	91240
~~customer's residence or place of business, the binding agreement~~	91241
~~furnished to the customer may be with the new motor vehicle dealer~~	91242
~~who is franchised to sell and service vehicles of the same~~	91243
~~line-make as the chassis of the remanufactured vehicle purchased~~	91244
~~by the customer and whose service or repair facility is located~~	91245
~~nearest to the remanufacturer's location and place of business or~~	91246
~~the customer's residence or place of business.~~	91247

~~(3)~~ That, at the time of the sale of the vehicle, each	91248
customer of the applicant will be furnished with a warranty issued	91249
by the remanufacturer for a term of at least one year;	91250

~~(4)~~(3) That the applicant provides and maintains at the	91251
applicant's location and place of business a permanent facility	91252
with all of the following:	91253

(a) A showroom with space, under roof, for the display of at	91254
least one new motor vehicle;	91255

(b) A service and parts facility for remanufactured vehicles;

91256

(c) Full-time service and parts personnel with the proper	91257
training and technical expertise to service the remanufactured	91258
vehicles sold by the applicant.	91259

Sec. 4517.13. The registrar of motor vehicles shall deny the	91260
application of any person for a license as a distributor and	91261
refuse to issue the license if the registrar finds that the	91262
applicant:	91263

(A) Has made any false statement of a material fact in the	91264
application;	91265

(B) Has not complied with sections 4517.01 to 4517.45 of the	91266
Revised Code;	91267

(C) Is of bad business repute or has habitually defaulted on	91268
financial obligations;	91269

(D) Is engaged or will engage in the business of distributing	91270
any new motor vehicle without having the authority of a contract	91271
with the manufacturer of the vehicle;	91272

(E) Has been guilty of a fraudulent act in connection with	91273
selling or otherwise dealing in motor vehicles;	91274

(F) Has entered into or is about to enter into a contract or	91275
agreement with a manufacturer of motor vehicles that is contrary	91276
to sections 4517.01 to 4517.45 of the Revised Code;	91277

(G) Is insolvent;

91278

(H) Is of insufficient responsibility to ensure the prompt	91279
payment of any financial judgment that might reasonably be entered	91280
against the applicant because of the transaction of business as a	91281
distributor during the period of the license applied for, or has	91282
failed to satisfy any such judgment;	91283

(I) Has no established place of business that, where	91284
applicable, is used or will be used exclusively for the purpose of	91285
distributing new motor vehicles at the location for which	91286
application is made;	91287

(J) Has, less than twelve months prior to making application,	91288
been denied a distributor's, motor vehicle dealer's, motor vehicle	91289
leasing dealer's, ~~manufactured home broker's,~~ or motor vehicle	91290
auction owner's license, or had any such license revoked.	91291

If the applicant is a corporation or partnership, the	91292
registrar may refuse to issue a license if any officer, director,	91293
employee, or partner of the applicant has been guilty of any act	91294
or omission that would be cause for refusing or revoking a license	91295
issued to such officer, director, employee, or partner as an	91296
individual. The registrar's finding may be based upon facts	91297
contained in the application or upon any other information the	91298
registrar may have. Immediately upon denying an application for	91299
any of the reasons in this section, the registrar shall enter a	91300
final order together with the registrar's findings and certify the	91301
same to the motor vehicle dealers board.	91302

Sec. 4517.14. The registrar of motor vehicles shall deny the	91303
application of any person for a license as a salesperson and	91304
refuse to issue the license if the registrar finds that the	91305
applicant:	91306

(A) Has made any false statement of a material fact in the	91307
application;	91308

(B) Has not complied with sections 4517.01 to 4517.45 of the	91309
Revised Code;	91310

(C) Is of bad business repute or has habitually defaulted on	91311
financial obligations;	91312

(D) Has been guilty of a fraudulent act in connection with	91313
selling or otherwise dealing in motor vehicles;	91314

(E) Has not been designated to act as salesperson for a motor	91315
vehicle dealer ~~or manufactured home broker~~ licensed to do business	91316
in this state under section 4517.10 of the Revised Code, or	91317
intends to act as salesperson for more than one licensed motor	91318
vehicle dealer ~~or manufactured home broker~~ at the same time,	91319
except that a licensed salesperson may act as a salesperson at any	91320
licensed dealership owned or operated by the same ~~corporation~~	91321
company, regardless of the county in which the dealership's	91322
facility is located;	91323

(F) Holds a current motor vehicle dealer's ~~or manufactured~~	91324
~~home broker's~~ license issued under section 4517.10 of the Revised	91325
Code, and intends to act as salesperson for another licensed motor	91326
vehicle dealer ~~or manufactured home broker~~;	91327

(G) Has, less than twelve months prior to making application,	91328
been denied a salesperson's license or had a salesperson's license	91329
revoked.	91330

The registrar may refuse to issue a salesperson's license to	91331
an applicant who was salesperson for, or in the employ of, a motor	91332
vehicle dealer ~~or manufactured home broker~~ at the time the	91333
dealer's ~~or broker's~~ license was revoked. The registrar's finding	91334
may be based upon any statement contained in the application or	91335
upon any facts within the registrar's knowledge, and, immediately	91336
upon refusing to issue a salesperson's license, the registrar	91337
shall enter a final order and shall certify the final order	91338
together with his findings to the motor vehicle dealers board.	91339

Sec. 4517.23. (A) Any licensed motor vehicle dealer, motor	91340
vehicle leasing dealer, ~~manufactured home broker,~~ or distributor	91341
shall notify the registrar of motor vehicles concerning any change	91342
in status as a dealer, motor vehicle leasing dealer, ~~manufactured~~	91343
~~home broker,~~ or distributor during the period for which the	91344
dealer, ~~broker,~~ or distributor is licensed, if the change of	91345
status concerns any of the following:	91346

(1) Personnel of owners, partners, officers, or directors;

91347

(2) Location of office or principal place of business;

91348

(3) In the case of a motor vehicle dealer, any contract or	91349
agreement with any manufacturer or distributor; and in the case of	91350
a distributor, any contract or agreement with any manufacturer.	91351

(B) The notification required by division (A) of this section	91352
shall be made by filing with the registrar, within fifteen days	91353
after the change of status, a supplemental statement in a form	91354
prescribed by the registrar showing in what respect the status has	91355
been changed. If the change involves a change in any contract or	91356
agreement between any manufacturer or distributor, and dealer, or	91357
any manufacturer and distributor, the supplemental statement shall	91358
be accompanied by such copies of contracts, statements, and	91359
certificates as would have been required by sections 4517.01 to	91360
4517.45 of the Revised Code if the change had occurred prior to	91361
the licensee's application for license.	91362

The motor vehicle dealers board may adopt a rule exempting	91363
from the notification requirement of division (A)(1) of this	91364
section any dealer if stock in the dealer or its parent company is	91365
publicly traded and if there are public records with state or	91366
federal agencies that provide the information required by division	91367
(A)(1) of this section.	91368

(C) Whoever violates this section is guilty of a misdemeanor	91369
of the fourth degree.	91370

Sec. 4517.24. (A) No two motor vehicle dealers shall engage	91371
in business at the same location, unless they agree to be jointly,	91372
severally, and personally liable for any liability arising from	91373
their engaging in business at the same location. The agreement	91374
shall be filed with the motor vehicle dealers board, and shall	91375
also be made a part of the articles of incorporation of each such	91376
dealer filed with the secretary of state. Whenever the board has	91377
reason to believe that a dealer who has entered into such an	91378
agreement has revoked the agreement but continues to engage in	91379
business at the same location, the board shall revoke the dealer's	91380
license.	91381

(B) ~~This section does not apply to two or more motor vehicle~~	91382
~~dealers engaged in the business of selling new or used~~	91383
~~manufactured or mobile homes in the same manufactured home park.~~	91384

~~(C)~~ Whoever violates this section is guilty of a misdemeanor	91385
of the fourth degree.	91386

Sec. 4517.44. (A) No manufacturer or distributor of motor	91387
vehicles, dealer in motor vehicles, ~~or manufactured home broker,~~	91388
nor any owner, proprietor, person in control, or keeper of any	91389
garage, stable, shop, or other place of business, shall fail to	91390
keep or cause to be kept any record required by law.	91391

(B) Whoever violates this section is guilty of a minor	91392
misdemeanor.	91393

Sec. 4549.17. (A) No law enforcement officer employed by a	91394
law enforcement agency of a municipal corporation, township, or	91395
joint ~~township~~ police district shall issue any citation, summons,	91396
or ticket for a violation of section 4511.21 of the Revised Code	91397
or a substantially similar municipal ordinance or for a violation	91398
of section 5577.04 of the Revised Code or a substantially similar	91399
municipal ordinance, if all of the following apply:	91400

(1) The citation, summons, or ticket would be issued for a	91401
violation described in division (A) of this section that occurs on	91402
a freeway that is part of the interstate system;	91403

(2) The municipal corporation, township, or joint ~~township~~	91404
police district that employs the law enforcement officer has less	91405
than eight hundred eighty yards of the freeway that is part of the	91406
interstate system within its jurisdiction;	91407

(3) The law enforcement officer must travel outside the	91408
boundaries of the municipal corporation, township, or joint	91409
~~township~~ police district that employs ~~him~~the officer in order to	91410
enter onto the freeway;	91411

(4) The law enforcement officer travels onto the freeway for	91412
the primary purpose of issuing citations, summonses, or tickets	91413
for violations of section 4511.21 of the Revised Code or a	91414
substantially similar municipal ordinance or for violations of	91415
section 5577.04 of the Revised Code or a substantially similar	91416
municipal ordinance.	91417

(B) As used in this section, "interstate system" has the same	91418
meaning as in section 5516.01 of the Revised Code.	91419

Sec. 4561.21. (A) The director of transportation shall	91420
deposit all aircraft transfer fees in the state treasury to the	91421
credit of the general fund.	91422

(B) The director shall deposit all aircraft license taxes and	91423
fines in the state treasury to the credit of the airport	91424
assistance fund, which is hereby created. Money in the fund shall	91425
be used for maintenance and capital improvements to publicly owned	91426
airports and to pay operating costs associated with the office of	91427
aviation of the department of transportation. For maintenance and	91428
capital improvements to publicly owned airports, ~~and~~ the director	91429
shall distribute the money to eligible recipients in accordance	91430
with such procedures, guidelines, and criteria as the director	91431
shall establish.	91432

Sec. 4582.12. (A)(1) Except as otherwise provided in	91433
division (E) of section 307.671 of the Revised Code, division (A)	91434
of this section does not apply to a port authority educational and	91435
cultural facility acquired, constructed, and equipped pursuant to	91436
a cooperative agreement entered into under section 307.671 of the	91437
Revised Code.	91438

(2)(a) Except as provided in division (C) of this section,	91439
when the cost of a contract for the construction of any building,	91440
structure, or other improvement undertaken by a port authority	91441
involves an expenditure exceeding the higher of one hundred	91442
thousand dollars or the amount as adjusted under division	91443
(A)(2)(b) of this section and the port authority is the	91444
contracting entity, the port authority shall make a written	91445
contract after notice calling for bids for the award of the	91446
contract has been given by publication twice, with at least seven	91447
days between publications, in a newspaper of general circulation	91448
in the area of the jurisdiction of the port authority. Each such	91449
contract shall be let to the lowest responsive and responsible	91450
bidder in accordance with section 9.312 of the Revised Code. Every	91451
contract let shall be in writing and if the contract involves work	91452
or construction, it shall be accompanied by or shall refer to	91453
plans and specifications for the work to be done, prepared for and	91454
approved by the port authority, signed by an authorized officer of	91455
the port authority and by the contractor, and shall be executed in	91456
triplicate.	91457

Each bid shall be awarded in accordance with sections 153.54,	91458
153.57, and 153.571 of the Revised Code.	91459

The port authority may reject any and all bids.

91460

(b) On January 1, 2012, and the first day of January of every	91461
even-numbered year thereafter, the director of commerce shall	91462
adjust the threshold level for contracts subject to the bidding	91463
requirements contained in division (A)(2)(a) of this section. The	91464
director shall adjust this amount according to the average	91465
increase for each of the two years immediately preceding the	91466
adjustment as set forth in the producer price index for material	91467
and supply inputs for new nonresidential construction as	91468
determined by the bureau of labor statistics of the United States	91469
department of labor or, if that index no longer is published, a	91470
generally available comparable index. If there is no resulting	91471
increase, the threshold shall remain the same until the next	91472
scheduled adjustment on the first day of January of the next	91473
even-numbered year.	91474

(B) The board of directors of a port authority by rule may	91475
provide criteria for the negotiation and award without competitive	91476
bidding of any contract as to which the port authority is the	91477
contracting entity for the construction of any building,	91478
structure, or other improvement under any of the following	91479
circumstances:	91480

(1) There exists a real and present emergency that threatens	91481
damage or injury to persons or property of the port authority or	91482
other persons, provided that a statement specifying the nature of	91483
the emergency that is the basis for the negotiation and award of a	91484
contract without competitive bidding shall be signed by the	91485
officer of the port authority that executes that contract at the	91486
time of the contract's execution and shall be attached to the	91487
contract.	91488

(2) A commonly recognized industry or other standard or	91489
specification does not exist and cannot objectively be articulated	91490
for the improvement.	91491

(3) The contract is for any energy conservation measure as	91492
defined in section 307.041 of the Revised Code.	91493

(4) With respect to material to be incorporated into the	91494
improvement, only a single source or supplier exists for the	91495
material.	91496

(5) A single bid is received by the port authority after	91497
complying with the provisions of division (A) of this section.	91498

(C)(1) If a contract is to be negotiated and awarded without	91499
competitive bidding for the reason set forth in division (B)(2) of	91500
this section, the port authority shall publish a notice calling	91501
for technical proposals at least twice, with at least seven days	91502
between publications, in a newspaper of general circulation in the	91503
area of the port authority. After receipt of the technical	91504
proposals, the port authority may negotiate with and award a	91505
contract for the improvement to the proposer making the proposal	91506
considered to be the most advantageous to the port authority.	91507

(2) If a contract is to be negotiated and awarded without	91508
competitive bidding for the reason set forth in division (B)(4) of	91509
this section, any construction activities related to the	91510
incorporation of the material into the improvement also may be	91511
provided without competitive bidding by the source or supplier of	91512
that material.	91513

~~(D) No contract for the construction or repair of any~~	91514
~~building, structure, or other improvement and no loan agreement~~	91515
~~for the borrowing of funds for any such improvement undertaken by~~	91516
~~a port authority, where the port authority is the contracting~~	91517
~~entity, shall be executed unless laborers and mechanics employed~~	91518
~~on such improvements are paid at the prevailing rates of wages of~~	91519
~~laborers and mechanics for the class of work called for by the~~	91520
~~improvement. The wages shall be determined in accordance with the~~	91521
~~requirements of Chapter 4115. of the Revised Code for the~~	91522
~~determination of prevailing wage rates, provided that the~~	91523
~~requirements of this section do not apply where the federal~~	91524
~~government or any of its agencies furnishes by loan or grant all~~	91525
~~or any part of the funds used in connection with such project and~~	91526
~~prescribes predetermined minimum wages to be paid to the laborers~~	91527
~~and mechanics.~~	91528

Sec. 4582.31. (A) A port authority created in accordance	91529
with section 4582.22 of the Revised Code may:	91530

(1) Adopt bylaws for the regulation of its affairs and the	91531
conduct of its business;	91532

(2) Adopt an official seal;

91533

(3) Maintain a principal office within its jurisdiction, and	91534
maintain such branch offices as it may require;	91535

(4) Acquire, construct, furnish, equip, maintain, repair,	91536
sell, exchange, lease to or from, or lease with an option to	91537
purchase, convey other interests in real or personal property, or	91538
any combination thereof, related to, useful for, or in furtherance	91539
of any authorized purpose and operate any property in connection	91540
with transportation, recreational, governmental operations, or	91541
cultural activities;	91542

(5) Straighten, deepen, and improve any channel, river,	91543
stream, or other water course or way which may be necessary or	91544
proper in the development of the facilities of a port authority;	91545

(6) Make available the use or services of any port authority	91546
facility to one or more persons, one or more governmental	91547
agencies, or any combination thereof;	91548

(7) Issue bonds or notes for the acquisition, construction,	91549
furnishing, or equipping of any port authority facility or other	91550
permanent improvement that a port authority is authorized to	91551
acquire, construct, furnish, or equip, in compliance with Chapter	91552
133. of the Revised Code, except that such bonds or notes may only	91553
be issued pursuant to a vote of the electors residing within the	91554
area of jurisdiction of the port authority. The net indebtedness	91555
incurred by a port authority shall never exceed two per cent of	91556
the total value of all property within the territory comprising	91557
the port authority as listed and assessed for taxation.	91558

(8) Issue port authority revenue bonds beyond the limit of	91559
bonded indebtedness provided by law, payable solely from revenues	91560
as provided in section 4582.48 of the Revised Code, for the	91561
purpose of providing funds to pay the costs of any port authority	91562
facility or facilities or parts thereof;	91563

(9) Apply to the proper authorities of the United States	91564
pursuant to appropriate law for the right to establish, operate,	91565
and maintain foreign trade zones and establish, operate, and	91566
maintain foreign trade zones and to acquire, exchange, sell, lease	91567
to or from, lease with an option to purchase, or operate	91568
facilities, land, or property therefor in accordance with the	91569
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to	91570
81u;	91571

(10) Enjoy and possess the same rights, privileges, and	91572
powers granted municipal corporations under sections 721.04 to	91573
721.11 of the Revised Code;	91574

(11) Maintain such funds as it considers necessary;

91575

(12) Direct its agents or employees, when properly identified	91576
in writing, and after at least five days' written notice, to enter	91577
upon lands within the confines of its jurisdiction in order to	91578
make surveys and examinations preliminary to location and	91579
construction of works for the purposes of the port authority,	91580
without liability of the port authority or its agents or employees	91581
except for actual damage done;	91582

(13) Promote, advertise, and publicize the port authority and	91583
its facilities; provide information to shippers and other	91584
commercial interests; and appear before rate-making authorities to	91585
represent and promote the interests of the port authority;	91586

(14) Adopt rules, not in conflict with general law, it finds	91587
necessary or incidental to the performance of its duties and the	91588
execution of its powers under sections 4582.21 to 4582.54 of the	91589
Revised Code. Any such rule shall be posted at no less than five	91590
public places in the port authority, as determined by the board of	91591
directors, for a period of not fewer than fifteen days, and shall	91592
be available for public inspection at the principal office of the	91593
port authority during regular business hours. No person shall	91594
violate any lawful rule adopted and posted as provided in this	91595
division.	91596

(15) Do any of the following, in regard to any interests in	91597
any real or personal property, or any combination thereof,	91598
including, without limitation, machinery, equipment, plants,	91599
factories, offices, and other structures and facilities related	91600
to, useful for, or in furtherance of any authorized purpose, for	91601
such consideration and in such manner, consistent with Article	91602
VIII of the Ohio Constitution, as the board in its sole discretion	91603
may determine:	91604

(a) Loan moneys to any person or governmental entity for the	91605
acquisition, construction, furnishing, and equipping of the	91606
property;	91607

(b) Acquire, construct, maintain, repair, furnish, and equip	91608
the property;	91609

(c) Sell to, exchange with, lease, convey other interests in,	91610
or lease with an option to purchase the same or any lesser	91611
interest in the property to the same or any other person or	91612
governmental entity;	91613

(d) Guarantee the obligations of any person or governmental	91614
entity.	91615

A port authority may accept and hold as consideration for the	91616
conveyance of property or any interest therein such property or	91617
interests therein as the board in its discretion may determine,	91618
notwithstanding any restrictions that apply to the investment of	91619
funds by a port authority.	91620

(16) Sell, lease, or convey other interests in real and	91621
personal property, and grant easements or rights-of-way over	91622
property of the port authority. The board of directors shall	91623
specify the consideration and any terms for the sale, lease, or	91624
conveyance of other interests in real and personal property. Any	91625
determination made by the board under this division shall be	91626
conclusive. The sale, lease, or conveyance may be made without	91627
advertising and the receipt of bids.	91628

(17) Exercise the right of eminent domain to appropriate any	91629
land, rights, rights-of-way, franchises, easements, or other	91630
property, necessary or proper for any authorized purpose, pursuant	91631
to the procedure provided in sections 163.01 to 163.22 of the	91632
Revised Code, if funds equal to the appraised value of the	91633
property to be acquired as a result of such proceedings are	91634
available for that purpose. However, nothing contained in sections	91635
4582.201 to 4582.59 of the Revised Code shall authorize a port	91636
authority to take or disturb property or facilities belonging to	91637
any agency or political subdivision of this state, public utility,	91638
cable operator, or common carrier, which property or facilities	91639
are necessary and convenient in the operation of the agency or	91640
political subdivision, public utility, cable operator, or common	91641
carrier, unless provision is made for the restoration, relocation,	91642
or duplication of such property or facilities, or upon the	91643
election of the agency or political subdivision, public utility,	91644
cable operator, or common carrier, for the payment of	91645
compensation, if any, at the sole cost of the port authority,	91646
provided that:	91647

(a) If any restoration or duplication proposed to be made	91648
under this section involves a relocation of the property or	91649
facilities, the new facilities and location shall be of at least	91650
comparable utilitarian value and effectiveness and shall not	91651
impair the ability of the public utility, cable operator, or	91652
common carrier to compete in its original area of operation;	91653

(b) If any restoration or duplication made under this section	91654
involves a relocation of the property or facilities, the port	91655
authority shall acquire no interest or right in or to the	91656
appropriated property or facilities, except as provided in	91657
division (A)(15) of this section, until the relocated property or	91658
facilities are available for use and until marketable title	91659
thereto has been transferred to the public utility, cable	91660
operator, or common carrier.	91661

As used in division (A)(17) of this section, "cable operator"	91662
has the same meaning as in the "Cable Communications Policy Act of	91663
1984," Pub. L. No. 98-549, 98 Stat. 2780, 47 U.S.C. 522, as	91664
amended by the "Telecommunications Act of 1996," Pub. L. No.	91665
104-104, 110 Stat. 56.	91666

(18)(a) Make and enter into all contracts and agreements and	91667
execute all instruments necessary or incidental to the performance	91668
of its duties and the execution of its powers under sections	91669
4582.21 to 4582.59 of the Revised Code.	91670

(b)(i) Except as provided in division (A)(18)(c) of this	91671
section, when the cost of a contract for the construction of any	91672
building, structure, or other improvement undertaken by a port	91673
authority involves an expenditure exceeding the higher of one	91674
hundred thousand dollars or the amount as adjusted under division	91675
(A)(18)(b)(ii) of this section, and the port authority is the	91676
contracting entity, the port authority shall make a written	91677
contract after notice calling for bids for the award of the	91678
contract has been given by publication twice, with at least seven	91679
days between publications, in a newspaper of general circulation	91680
in the area of the port authority or as provided in section 7.16	91681
of the Revised Code. Each such contract shall be let to the lowest	91682
responsive and responsible bidder in accordance with section 9.312	91683
of the Revised Code. Every contract shall be accompanied by or	91684
shall refer to plans and specifications for the work to be done,	91685
prepared for and approved by the port authority, signed by an	91686
authorized officer of the port authority and by the contractor,	91687
and shall be executed in triplicate.	91688

Each bid shall be awarded in accordance with sections 153.54,	91689
153.57, and 153.571 of the Revised Code. The port authority may	91690
reject any and all bids.	91691

(ii) On January 1, 2012, and the first day of January of	91692
every even-numbered year thereafter, the director of commerce	91693
shall adjust the threshold level for contracts subject to the	91694
bidding requirements contained in division (A)(18)(b)(i) of this	91695
section. The director shall adjust this amount according to the	91696
average increase for each of the two years immediately preceding	91697
the adjustment as set forth in the producer price index for	91698
material and supply inputs for new nonresidential construction as	91699
determined by the bureau of labor statistics of the United States	91700
department of labor or, if that index no longer is published, a	91701
generally available comparable index. If there is no resulting	91702
increase, the threshold shall remain the same until the next	91703
scheduled adjustment on the first day of January of the next	91704
even-numbered year.	91705

(c) The board of directors by rule may provide criteria for	91706
the negotiation and award without competitive bidding of any	91707
contract as to which the port authority is the contracting entity	91708
for the construction of any building or structure or other	91709
improvement under any of the following circumstances:	91710

(i) There exists a real and present emergency that threatens	91711
damage or injury to persons or property of the port authority or	91712
other persons, provided that a statement specifying the nature of	91713
the emergency that is the basis for the negotiation and award of a	91714
contract without competitive bidding shall be signed by the	91715
officer of the port authority that executes that contract at the	91716
time of the contract's execution and shall be attached to the	91717
contract.	91718

(ii) A commonly recognized industry or other standard or	91719
specification does not exist and cannot objectively be articulated	91720
for the improvement.	91721

(iii) The contract is for any energy conservation measure as	91722
defined in section 307.041 of the Revised Code.	91723

(iv) With respect to material to be incorporated into the	91724
improvement, only a single source or supplier exists for the	91725
material.	91726

(v) A single bid is received by the port authority after	91727
complying with the provisions of division (A)(18)(b) of this	91728
section.	91729

(d)(i) If a contract is to be negotiated and awarded without	91730
competitive bidding for the reason set forth in division	91731
(A)(18)(c)(ii) of this section, the port authority shall publish a	91732
notice calling for technical proposals ~~at least~~ twice, with at	91733
least seven days between publications, in a newspaper of general	91734
circulation in the area of the port authority or as provided in	91735
section 7.16 of the Revised Code. After receipt of the technical	91736
proposals, the port authority may negotiate with and award a	91737
contract for the improvement to the proposer making the proposal	91738
considered to be the most advantageous to the port authority.	91739

(ii) If a contract is to be negotiated and awarded without	91740
competitive bidding for the reason set forth in division	91741
(A)(18)(c)(iv) of this section, any construction activities	91742
related to the incorporation of the material into the improvement	91743
also may be provided without competitive bidding by the source or	91744
supplier of that material.	91745

(e)(i) Any purchase, exchange, sale, lease, lease with an	91746
option to purchase, conveyance of other interests in, or other	91747
contract with a person or governmental entity that pertains to the	91748
acquisition, construction, maintenance, repair, furnishing,	91749
equipping, or operation of any real or personal property, or any	91750
combination thereof, related to, useful for, or in furtherance of	91751
an activity contemplated by Section 13 or 16 of Article VIII, Ohio	91752
Constitution, shall be made in such manner and subject to such	91753
terms and conditions as may be determined by the board of	91754
directors in its discretion.	91755

(ii) Division (A)(18)(e)(i) of this section applies to all	91756
contracts that are subject to the division, notwithstanding any	91757
other provision of law that might otherwise apply, including,	91758
without limitation, any requirement of notice, any requirement of	91759
competitive bidding or selection, or any requirement for the	91760
provision of security.	91761

(iii) Divisions (A)(18)(e)(i) and (ii) of this section do not	91762
apply to either of the following: any contract secured by or to be	91763
paid from moneys raised by taxation or the proceeds of obligations	91764
secured by a pledge of moneys raised by taxation; or any contract	91765
secured exclusively by or to be paid exclusively from the general	91766
revenues of the port authority. For the purposes of this section,	91767
any revenues derived by the port authority under a lease or other	91768
agreement that, by its terms, contemplates the use of amounts	91769
payable under the agreement either to pay the costs of the	91770
improvement that is the subject of the contract or to secure	91771
obligations of the port authority issued to finance costs of such	91772
improvement, are excluded from general revenues.	91773

(19) Employ managers, superintendents, and other employees	91774
and retain or contract with consulting engineers, financial	91775
consultants, accounting experts, architects, attorneys, and any	91776
other consultants and independent contractors as are necessary in	91777
its judgment to carry out this chapter, and fix the compensation	91778
thereof. All expenses thereof shall be payable from any available	91779
funds of the port authority or from funds appropriated for that	91780
purpose by a political subdivision creating or participating in	91781
the creation of the port authority.	91782

(20) Receive and accept from any state or federal agency	91783
grants and loans for or in aid of the construction of any port	91784
authority facility or for research and development with respect to	91785
port authority facilities, and receive and accept aid or	91786
contributions from any source of money, property, labor, or other	91787
things of value, to be held, used, and applied only for the	91788
purposes for which the grants and contributions are made;	91789

(21) Engage in research and development with respect to port	91790
authority facilities;	91791

(22) Purchase fire and extended coverage and liability	91792
insurance for any port authority facility and for the principal	91793
office and branch offices of the port authority, insurance	91794
protecting the port authority and its officers and employees	91795
against liability for damage to property or injury to or death of	91796
persons arising from its operations, and any other insurance the	91797
port authority may agree to provide under any resolution	91798
authorizing its port authority revenue bonds or in any trust	91799
agreement securing the same;	91800

(23) Charge, alter, and collect rentals and other charges for	91801
the use or services of any port authority facility as provided in	91802
section 4582.43 of the Revised Code;	91803

(24) Provide coverage for its employees under Chapters 145.,	91804
4123., and 4141. of the Revised Code;	91805

(25) Do all acts necessary or proper to carry out the powers	91806
expressly granted in sections 4582.21 to 4582.59 of the Revised	91807
Code.	91808

(B) Any instrument by which real property is acquired	91809
pursuant to this section shall identify the agency of the state	91810
that has the use and benefit of the real property as specified in	91811
section 5301.012 of the Revised Code.	91812

(C) Whoever violates division (A)(14) of this section is	91813
guilty of a minor misdemeanor.	91814

Sec. 4585.10. The officer holding a writ for the sale of a	91815
watercraft, its apparel, or furniture, before ~~he proceeds~~	91816
proceeding to sell it, shall give public notice of the time and	91817
place of sale for at least ten days previous thereto or as	91818
provided in section 7.16 of the Revised Code, by advertisement in	91819
a newspaper ~~published~~of general circulation in the county, and by	91820
advertisement posted in at least five public places in the county.	91821
Such sales shall be conducted, and the court shall have the same	91822
power over them as sales upon execution.	91823

Sec. 4705.021. (A) As used in this section:

91824

(1) "Disciplinary counsel" means the disciplinary counsel	91825
appointed by the board of commissioners on grievances and	91826
discipline of the supreme court under the Rules for the Government	91827
of the Bar of Ohio.	91828

(2) "Certified grievance committee" means a duly constituted	91829
and organized committee of the Ohio state bar association or of	91830
one or more local bar associations of the state that complies with	91831
the criteria set forth in rule V, section 3 of the Rules for the	91832
Government of the Bar of Ohio.	91833

(3) "Child support order" has the same meaning as in section	91834
3119.01 of the Revised Code.	91835

(B) If an individual who has been admitted to the bar by	91836
order of the supreme court in compliance with its published rules	91837
is determined pursuant to sections 3123.01 to 3123.07 of the	91838
Revised Code by a court or child support enforcement agency to be	91839
in default under a support order being administered or handled by	91840
a child support enforcement agency, that agency may send a notice	91841
listing the name and social security number or other	91842
identification number of the individual and a certified copy of	91843
the court or agency determination that the individual is in	91844
default to the secretary of the board of commissioners on	91845
grievances and discipline of the supreme court and to either the	91846
disciplinary counsel or the president, secretary, and chairperson	91847
of each certified grievance committee if both of the following are	91848
the case:	91849

(1) At least ninety days have elapsed since the final and	91850
enforceable determination of default;	91851

(2) In the preceding ninety days, the obligor has failed to	91852
pay at least fifty per cent of the arrearage through means other	91853
than those described in sections 3123.81 to 3123.85 of the Revised	91854
Code.	91855

Sec. 4725.34. (A) The state board of optometry shall charge	91856
the following nonrefundable fees:	91857

(1) One hundred ~~ten~~thirty dollars for application for a	91858
certificate of licensure;	91859

(2) ~~Twenty-five~~Forty-five dollars for application for a	91860
therapeutic pharmaceutical agents certificate, except when the	91861
certificate is to be issued pursuant to division (A)(3) of section	91862
4725.13 of the Revised Code, in which case the fee shall be	91863
thirty-five dollars;	91864

(3) One hundred ~~ten~~thirty dollars for renewal of a	91865
certificate of licensure;	91866

(4) ~~Twenty-five~~Forty-five dollars for renewal of a topical	91867
ocular pharmaceutical agents certificate;	91868

(5) ~~Twenty-five~~Forty-five dollars for renewal of a	91869
therapeutic pharmaceutical agents certificate;	91870

(6) ~~Seventy-five~~One hundred twenty-five dollars for late	91871
completion or submission, or both, of continuing optometric	91872
education;	91873

(7) ~~Seventy-five~~One hundred twenty-five dollars for late	91874
renewal of one or more certificates that have expired;	91875

(8) Seventy-five dollars for reinstatement of one or more	91876
certificates classified as delinquent under section 4725.16 of the	91877
Revised Code, multiplied by the number of years the one or more	91878
certificates have been classified as delinquent;	91879

(9) Seventy-five dollars for reinstatement of one or more	91880
certificates placed on inactive status under section 4725.17 of	91881
the Revised Code;	91882

(10) Seventy-five dollars for reinstatement under section	91883
4725.171 of the Revised Code of one or more expired certificates;	91884

(11) Additional fees to cover administrative costs incurred	91885
by the board, including fees for replacing licenses issued by the	91886
board and providing rosters of currently licensed optometrists.	91887
Such fees shall be established at a regular meeting of the board	91888
and shall comply with any applicable guidelines or policies set by	91889
the department of administrative services or the office of budget	91890
and management.	91891

(B) The board, subject to the approval of the controlling	91892
board, may establish fees in excess of the amounts specified in	91893
division (A) of this section if the fees do not exceed the amounts	91894
specified by more than fifty per cent.	91895

(C) All receipts of the board, from any source, shall be	91896
deposited in the state treasury to the credit of the occupational	91897
licensing and regulatory fund.	91898

Sec. 4725.48. (A) Any person who desires to engage in	91899
optical dispensing, except as provided in section 4725.47 of the	91900
Revised Code, shall file a properly completed written application	91901
for an examination with the Ohio optical dispensers board or with	91902
the testing service the board has contracted with pursuant to	91903
section 4725.49 of the Revised Code. The application for	91904
examination shall be made on a form provided by the board or	91905
testing service and shall be accompanied by an examination fee the	91906
board shall establish by rule. Applicants must return the	91907
application to the board or testing service at least sixty days	91908
prior to the date the examination is scheduled to be administered.	91909

(B) Except as provided in section 4725.47 of the Revised	91910
Code, any person who desires to engage in optical dispensing shall	91911
file a properly completed written application for a license with	91912
the board with ~~the appropriate license~~a licensure application fee	91913
~~as set forth under section 4725.50 of the Revised Code~~of fifty	91914
dollars.	91915

No person shall be eligible to apply for a license under this	91916
division, unless the person is at least eighteen years of age, is	91917
of good moral character, is free of contagious or infectious	91918
disease, has received a passing score, as determined by the board,	91919
on the examination administered under division (A) of this	91920
section, is a graduate of an accredited high school of any state,	91921
or has received an equivalent education and has successfully	91922
completed either of the following:	91923

(1) Two years of supervised experience under a licensed	91924
dispensing optician, optometrist, or physician engaged in the	91925
practice of ophthalmology, up to one year of which may be	91926
continuous experience of not less than thirty hours a week in an	91927
optical laboratory;	91928

(2) A two-year college level program in optical dispensing	91929
that has been approved by the board and that includes, but is not	91930
limited to, courses of study in mathematics, science, English,	91931
anatomy and physiology of the eye, applied optics, ophthalmic	91932
optics, measurement and inspection of lenses, lens grinding and	91933
edging, ophthalmic lens design, keratometry, and the fitting and	91934
adjusting of spectacle lenses and frames and contact lenses,	91935
including methods of fitting contact lenses and post-fitting care.	91936

(C) Any person who desires to obtain a license to practice as	91937
an ocularist shall file a properly completed written application	91938
with the board accompanied by the appropriate fee and proof that	91939
the applicant has met the requirements for licensure. The board	91940
shall establish, by rule, the application fee and the minimum	91941
requirements for licensure, including education, examination, or	91942
experience standards recognized by the board as national standards	91943
for ocularists. The board shall issue a license to practice as an	91944
ocularist to an applicant who satisfies the requirements of this	91945
division and rules adopted pursuant to this division.	91946

Sec. 4725.50. (A) Except for a person who qualifies for	91947
licensure as an ocularist, each person who qualifies for licensure	91948
under sections 4725.40 to 4725.59 of the Revised Code shall	91949
receive from the Ohio optical dispensers board, under its seal, a	91950
certificate of licensure entitling ~~him~~the person to practice as a	91951
licensed spectacle dispensing optician, licensed contact lens	91952
dispensing optician, or a licensed spectacle-contact lens	91953
dispensing optician. The appropriate certificate of licensure	91954
shall be issued by the board no later than sixty days after it has	91955
notified the applicant of ~~his~~the applicant's approval for	91956
licensure.	91957

(B) ~~The licensure fee shall be fifty dollars for applications~~	91958
~~submitted in January through March; thirty-seven dollars and fifty~~	91959
~~cents, in April through June; twenty-five dollars, in July through~~	91960
~~September; and twelve dollars and fifty cents, in October through~~	91961
~~December.~~	91962

~~(C)~~ Each licensed dispensing optician shall display ~~his~~the	91963
licensed dispensing optician's certificate of licensure in a	91964
conspicuous place in ~~his~~the licensed dispensing optician's office	91965
or place of business. If a licensed dispensing optician maintains	91966
more than one office or place of business, hethe licensed	91967
dispensing optician shall display a duplicate copy of such	91968
certificate at each location. The board shall issue duplicate	91969
copies of the appropriate certificate of licensure for this	91970
purpose upon the filing of an application form therefor and the	91971
payment of a five-dollar fee for each duplicate copy.	91972

Sec. 4725.52. Any licensed dispensing optician may supervise	91973
a maximum of three apprentices who shall be permitted to engage in	91974
optical dispensing only under the supervision of the licensed	91975
dispensing optician.	91976

~~A person serving~~To serve as an apprentice, a person shall	91977
register ~~annually~~ with the Ohio optical dispensers board either on	91978
a form provided by the board or in the form of a statement giving	91979
the name and address of the supervising licensed dispensing	91980
optician, the location at which the apprentice will be employed,	91981
and any other information required by the board. ~~Each registrant~~	91982
For the duration of the apprenticeship, the apprentice shall	91983
register annually on the form provided by the board or in the form	91984
of a statement.	91985

Each apprentice shall pay aan initial registration fee of	91986
~~ten~~twenty dollars. For each registration renewal thereafter, each	91987
apprentice shall pay a registration renewal fee of twenty dollars.	91988

A person who is gaining experience under the supervision of a	91989
licensed optometrist or ophthalmologist that would qualify ~~him~~the	91990
person under division (B)(1) of section 4725.48 of the Revised	91991
Code to take the examination for optical dispensing is not	91992
required to register with the board.	91993

Sec. 4725.57. An applicant for licensure as a licensed	91994
dispensing optician who is licensed or registered in another state	91995
shall be accorded the full privileges of practice within this	91996
state, upon the payment of a ~~seventy-five~~fifty-dollar fee and the	91997
submission of a certified copy of the license or certificate	91998
issued by such other state, without the necessity of examination,	91999
if the board determines that the applicant meets the ~~criteria of~~	92000
~~division (A) of section 4725.48 of the Revised Code and further~~	92001
~~determines that the educational background or experience of the~~	92002
~~applicant satisfies the~~remaining requirements of division (B) of	92003
section 4725.48 of the Revised Code. The board may require that	92004
the applicant have received a passing score, as determined by the	92005
board, on an examination that is substantially the same as the	92006
examination described in division (A) of section 4725.48 of the	92007
Revised Code.	92008

Sec. 4729.52. (A) A person desiring to be registered as a	92009
wholesale distributor of dangerous drugs shall file with the	92010
executive director of the state board of pharmacy a verified	92011
application containing such information as the board requires of	92012
the applicant relative to the qualifications to be registered as a	92013
wholesale distributor of dangerous drugs set forth in section	92014
4729.53 of the Revised Code and the rules adopted under that	92015
section. The board shall register as a wholesale distributor of	92016
dangerous drugs each applicant who has paid the required	92017
registration fee, if the board determines that the applicant meets	92018
the qualifications to be registered as a wholesale distributor of	92019
dangerous drugs set forth in section 4729.53 of the Revised Code	92020
and the rules adopted under that section.	92021

(B) The board may register and issue to a person who does not	92022
reside in this state a registration certificate as a wholesale	92023
distributor of dangerous drugs if the person possesses a current	92024
and valid wholesale distributor of dangerous drugs registration	92025
certificate or license issued by another state that has	92026
qualifications for licensure or registration comparable to the	92027
registration requirements in this state and pays the required	92028
registration fee.	92029

(C) All registration certificates issued pursuant to this	92030
section are effective for a period of twelve months from the first	92031
day of July of each year. A registration certificate shall be	92032
renewed annually by the board for a like period, pursuant to this	92033
section and the standard renewal procedure of Chapter 4745. of the	92034
Revised Code. A person desiring to renew a registration	92035
certificate shall submit an application for renewal and pay the	92036
required renewal fee before the first day of July each year.	92037

(D) Each registration certificate and its application shall	92038
describe not more than one establishment or place where the	92039
registrant or applicant may engage in the sale of dangerous drugs	92040
at wholesale. No registration certificate shall authorize or	92041
permit the wholesale distributor of dangerous drugs named therein	92042
to engage in the sale of drugs at wholesale or to maintain	92043
possession, custody, or control of dangerous drugs for any purpose	92044
other than for the registrant's own use and consumption at any	92045
establishment or place other than that described in the	92046
certificate.	92047

(E)(1) The registration fee is ~~one~~seven hundred fifty	92048
dollars and shall accompany each application for registration. The	92049
registration renewal fee is ~~one~~seven hundred fifty dollars and	92050
shall accompany each renewal application.	92051

A registration certificate that has not been renewed in any	92052
year by the first day of August may be reinstated upon payment of	92053
the renewal fee and a penalty of ~~fifty-five~~one hundred fifty	92054
dollars.	92055

(2) Renewal fees and penalties assessed under division (E)(1)	92056
of this section shall not be returned if the applicant fails to	92057
qualify for renewal.	92058

(F) The registration of any person as a wholesale distributor	92059
of dangerous drugs subjects the person and the person's agents and	92060
employees to the jurisdiction of the board and to the laws of this	92061
state for the purpose of the enforcement of this chapter and the	92062
rules of the board. However, the filing of an application for	92063
registration as a wholesale distributor of dangerous drugs by, or	92064
on behalf of, any person or the registration of any person as a	92065
wholesale distributor of dangerous drugs shall not, of itself,	92066
constitute evidence that the person is doing business within this	92067
state.	92068

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	92069
Revised Code:	92070

(A)(1) "Clinical laboratory services" means either of the	92071
following:	92072

(a) Any examination of materials derived from the human body	92073
for the purpose of providing information for the diagnosis,	92074
prevention, or treatment of any disease or impairment or for the	92075
assessment of health;	92076

(b) Procedures to determine, measure, or otherwise describe	92077
the presence or absence of various substances or organisms in the	92078
body.	92079

(2) "Clinical laboratory services" does not include the mere	92080
collection or preparation of specimens.	92081

(B) "Designated health services" means any of the following:

92082

(1) Clinical laboratory services;

92083

(2) Home health care services;

92084

(3) Outpatient prescription drugs.

92085

(C) "Fair market value" means the value in arms-length	92086
transactions, consistent with general market value and:	92087

(1) With respect to rentals or leases, the value of rental	92088
property for general commercial purposes, not taking into account	92089
its intended use;	92090

(2) With respect to a lease of space, not adjusted to reflect	92091
the additional value the prospective lessee or lessor would	92092
attribute to the proximity or convenience to the lessor if the	92093
lessor is a potential source of referrals to the lessee.	92094

(D) "Governmental health care program" means any program	92095
providing health care benefits that is administered by the federal	92096
government, this state, or a political subdivision of this state,	92097
including the medicare program established under Title XVIII of	92098
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	92099
as amended, health care coverage for public employees, health care	92100
benefits administered by the bureau of workers' compensation, and	92101
the medicaid program established under Chapter 5111. of the	92102
Revised Code~~, and the children's buy-in program established under~~	92103
~~sections 5101.5211 to 5101.5216 of the Revised Code~~.	92104

(E)(1) "Group practice" means a group of two or more holders	92105
of certificates under this chapter legally organized as a	92106
partnership, professional corporation or association, limited	92107
liability company, foundation, nonprofit corporation, faculty	92108
practice plan, or similar group practice entity, including an	92109
organization comprised of a nonprofit medical clinic that	92110
contracts with a professional corporation or association of	92111
physicians to provide medical services exclusively to patients of	92112
the clinic in order to comply with section 1701.03 of the Revised	92113
Code and including a corporation, limited liability company,	92114
partnership, or professional association described in division (B)	92115
of section 4731.226 of the Revised Code formed for the purpose of	92116
providing a combination of the professional services of	92117
optometrists who are licensed, certificated, or otherwise legally	92118
authorized to practice optometry under Chapter 4725. of the	92119
Revised Code, chiropractors who are licensed, certificated, or	92120
otherwise legally authorized to practice chiropractic or	92121
acupuncture under Chapter 4734. of the Revised Code, psychologists	92122
who are licensed, certificated, or otherwise legally authorized to	92123
practice psychology under Chapter 4732. of the Revised Code,	92124
registered or licensed practical nurses who are licensed,	92125
certificated, or otherwise legally authorized to practice nursing	92126
under Chapter 4723. of the Revised Code, pharmacists who are	92127
licensed, certificated, or otherwise legally authorized to	92128
practice pharmacy under Chapter 4729. of the Revised Code,	92129
physical therapists who are licensed, certificated, or otherwise	92130
legally authorized to practice physical therapy under sections	92131
4755.40 to 4755.56 of the Revised Code, occupational therapists	92132
who are licensed, certificated, or otherwise legally authorized to	92133
practice occupational therapy under sections 4755.04 to 4755.13 of	92134
the Revised Code, mechanotherapists who are licensed,	92135
certificated, or otherwise legally authorized to practice	92136
mechanotherapy under section 4731.151 of the Revised Code, and	92137
doctors of medicine and surgery, osteopathic medicine and surgery,	92138
or podiatric medicine and surgery who are licensed, certificated,	92139
or otherwise legally authorized for their respective practices	92140
under this chapter, to which all of the following apply:	92141

(a) Each physician who is a member of the group practice	92142
provides substantially the full range of services that the	92143
physician routinely provides, including medical care,	92144
consultation, diagnosis, or treatment, through the joint use of	92145
shared office space, facilities, equipment, and personnel.	92146

(b) Substantially all of the services of the members of the	92147
group are provided through the group and are billed in the name of	92148
the group and amounts so received are treated as receipts of the	92149
group.	92150

(c) The overhead expenses of and the income from the practice	92151
are distributed in accordance with methods previously determined	92152
by members of the group.	92153

(d) The group practice meets any other requirements that the	92154
state medical board applies in rules adopted under section 4731.70	92155
of the Revised Code.	92156

(2) In the case of a faculty practice plan associated with a	92157
hospital with a medical residency training program in which	92158
physician members may provide a variety of specialty services and	92159
provide professional services both within and outside the group,	92160
as well as perform other tasks such as research, the criteria in	92161
division (E)(1) of this section apply only with respect to	92162
services rendered within the faculty practice plan.	92163

(F) "Home health care services" and "immediate family" have	92164
the same meanings as in the rules adopted under section 4731.70 of	92165
the Revised Code.	92166

(G) "Hospital" has the same meaning as in section 3727.01 of	92167
the Revised Code.	92168

(H) A "referral" includes both of the following:

92169

(1) A request by a holder of a certificate under this chapter	92170
for an item or service, including a request for a consultation	92171
with another physician and any test or procedure ordered by or to	92172
be performed by or under the supervision of the other physician;	92173

(2) A request for or establishment of a plan of care by a	92174
certificate holder that includes the provision of designated	92175
health services.	92176

(I) "Third-party payer" has the same meaning as in section	92177
3901.38 of the Revised Code.	92178

Sec. 4731.71. The auditor of state may implement procedures	92179
to detect violations of section 4731.66 or 4731.69 of the Revised	92180
Code within governmental health care programs administered by the	92181
state. The auditor of state shall report any violation of either	92182
section to the state medical board and shall certify to the	92183
attorney general in accordance with section 131.02 of the Revised	92184
Code the amount of any refund owed to a state-administered	92185
governmental health care program under section 4731.69 of the	92186
Revised Code as a result of a violation. If a refund is owed to	92187
the medicaid program established under Chapter 5111. of the	92188
Revised Code ~~or the children's buy-in program established under~~	92189
~~sections 5101.5211 to 5101.5216 of the Revised Code~~, the auditor	92190
of state also shall report the amount to the department of job and	92191
family services.	92192

The state medical board also may implement procedures to	92193
detect violations of section 4731.66 or 4731.69 of the Revised	92194
Code.	92195

Sec. 4733.15. (A) Registration expires ~~annually~~ on the last	92196
day of December ~~following initial registration or renewal of~~	92197
~~registration~~2011, and becomes invalid on that date unless renewed	92198
~~pursuant to this section and the standard renewal procedure of~~	92199
~~sections 4745.01 to 4745.03 of the Revised Code~~. For renewals	92200
after that date, registration expires biennially on the last day	92201
of December following initial registration or renewal of	92202
registration and becomes invalid on that date unless renewed.	92203
Renewal may be effected ~~at any time prior to the date of~~	92204
~~expiration for a period of one year~~ by the applicant's payment to	92205
the treasurer of state of a fee of ~~twenty~~forty dollars for a	92206
renewal of registration as either a professional engineer or	92207
professional surveyor and~~, for renewals for calendar year 2008 and~~	92208
~~thereafter,~~ demonstration of completion of the continuing	92209
professional development requirements of section 4733.151 of the	92210
Revised Code. When notified as required in this section, a	92211
registrant's failure to renew registration shall not deprive the	92212
registrant of the right of renewal within the following twelve	92213
months, but the fee to renew a registration within twelve months	92214
after expiration shall be increased fifty per cent, and the	92215
registrant shall certify completion of continuing professional	92216
development hours as required in section 4733.151 of the Revised	92217
Code.	92218

The state board of registration for professional engineers	92219
and surveyors may, upon request, waive the payment of renewal fees	92220
or the completion of continuing professional development	92221
requirements for a registrant during the period when the	92222
registrant is on active duty in connection with any branch of the	92223
armed forces of the United States.	92224

(B) Each certificate of authorization issued pursuant to	92225
section 4733.16 of the Revised Code shall authorize the holder to	92226
provide professional engineering or professional surveying	92227
services, through the registered professional engineer or	92228
professional surveyor designated as being in responsible charge of	92229
the professional engineering or professional surveying practice,	92230
from the date of issuance until the last day of June next	92231
succeeding the date upon which the certificate was issued, unless	92232
the certificate has been revoked or suspended for cause as	92233
provided in section 4733.20 of the Revised Code or has been	92234
suspended pursuant to section 3123.47 of the Revised Code.	92235

(C) If a registrant fails to renew registration as provided	92236
under division (A) of this section, renewal and reinstatement may	92237
be effected under rules the board adopts regarding requirements	92238
for reexamination or reapplication, and reinstatement penalty	92239
fees. The board may require a registrant who fails to renew	92240
registration to complete ~~those~~the required hours of continuing	92241
professional development ~~required from the effective date of this~~	92242
~~section,~~ as a condition of renewal and reinstatement if the	92243
registrant seeks renewal and reinstatement under this division on	92244
~~or after January 1, 2009~~.	92245

Sec. 4733.151. (A) ~~Each~~For registrations expiring on the	92246
last day of December 2011, each registrant for renewal ~~for~~	92247
~~calendar year 2008 and thereafter~~ shall have completed, ~~within the~~	92248
~~preceding~~in calendar year 2011, at least fifteen hours of	92249
continuing professional development for professional engineers and	92250
surveyors. Thereafter, each registrant shall complete at least	92251
thirty hours of continuing professional development during the	92252
two-year period immediately preceding the biennial renewal	92253
expiration date.	92254

(B) The continuing professional development requirement may	92255
be satisfied by coursework or activities dealing with technical,	92256
ethical, or managerial topics relevant to the practice of	92257
engineering or surveying. A registrant may earn continuing	92258
professional development hours by completing or teaching	92259
university or college level coursework, attending seminars,	92260
workshops, or conferences, authoring relevant published papers,	92261
articles, or books, receiving patent awards, or actively	92262
participating in professional or technical societies serving the	92263
engineering or surveying professions.	92264

In the case of the board disputing the content of any credit	92265
hours or coursework, then the board shall presume as a matter of	92266
law that any credit hours submitted by a registrant, or any	92267
coursework or activity submitted for approval, complies with this	92268
section if submitted and if a statement signed by a current	92269
registrant not otherwise participating in the event, affirms that	92270
the material is relevant to the registrant's practice and will	92271
assist the registrant's development in the profession.	92272

Credit for university or college level coursework shall be	92273
based on the credit established by the university or college. One	92274
semester hour as established by the university or college shall be	92275
the equivalent of forty-five hours of continuing professional	92276
development, and one quarter hour as established by the university	92277
or college shall be the equivalent of thirty hours of continuing	92278
professional development.	92279

Credit for seminars, workshops, or conferences offering	92280
continuing education units shall be based on the units awarded by	92281
the organization presenting the seminar, workshop, or conference.	92282
A registrant may earn ten continuing professional development	92283
hours for each continuing education unit awarded. Each hour of	92284
attendance at a seminar, workshop, or conference for which no	92285
continuing education units are offered shall be the equivalent of	92286
one continuing professional development hour.	92287

A registrant may earn two continuing professional development	92288
hours for each year of service as an officer or active committee	92289
member of a professional or technical society or association that	92290
represents registrants or entities composed of registrants. A	92291
registrant may earn ten continuing professional development hours	92292
for authoring relevant published papers, articles, or books. A	92293
registrant may earn ten continuing professional development hours	92294
for each such published paper, article, or book. A registrant may	92295
earn ten continuing professional development hours for each patent	92296
award.	92297

(C) A person registered as both a professional engineer and	92298
professional surveyor shall complete at least ~~five~~ten of the	92299
~~fifteen~~thirty hours required under division (A) of this section	92300
in engineering-related coursework or activities and at least ~~five~~	92301
ten of those ~~fifteen~~thirty hours in surveying-related coursework	92302
or activities.	92303

(D) A registrant is exempt from the continuing professional	92304
development requirements of this section during the first calendar	92305
year of registration.	92306

(E) A registrant who completes more than ~~fifteen~~thirty hours	92307
of approved coursework or activities in ~~any calendar year~~a	92308
biennial renewal period may carry forward to the next ~~calendar~~	92309
~~year~~biennial renewal period a maximum of fifteen of the excess	92310
hours.	92311

(F) A registrant shall maintain records to demonstrate	92312
completion of the continuing professional development requirements	92313
specified in this section for a period of ~~three~~four calendar	92314
years beyond the year in which certification of the completion of	92315
the requirements is obtained by the registrant. The records shall	92316
include all of the following:	92317

(1) A log specifying the type of coursework or activity, its	92318
location and duration along with the instructor's name, and the	92319
number of continuing professional development hours earned;	92320

(2) Certificates of completion or other evidence verifying	92321
attendance.	92322

(G) The records specified in division (F) of this section may	92323
be audited at any time by the state board of registration for	92324
professional engineers and surveyors. If the board discovers that	92325
a registrant has failed to complete coursework or activities, it	92326
shall notify the registrant of the deficiencies and allow the	92327
registrant six months from the date of the notice to rectify the	92328
deficiencies and to provide the board with evidence of	92329
satisfactory completion of the continuing professional development	92330
requirements. If the registrant fails to provide such evidence	92331
within that six-month period, the board may revoke or suspend the	92332
registration after offering an adjudication hearing in accordance	92333
with Chapter 119. of the Revised Code.	92334

Sec. 4735.01. As used in this chapter:

92335

(A) "Real estate broker" includes any person, partnership,	92336
association, limited liability company, limited liability	92337
partnership, or corporation, foreign or domestic, who for another,	92338
whether pursuant to a power of attorney or otherwise, and who for	92339
a fee, commission, or other valuable consideration, or with the	92340
intention, or in the expectation, or upon the promise of receiving	92341
or collecting a fee, commission, or other valuable consideration	92342
does any of the following:	92343

(1) Sells, exchanges, purchases, rents, or leases, or	92344
negotiates the sale, exchange, purchase, rental, or leasing of any	92345
real estate;	92346

(2) Offers, attempts, or agrees to negotiate the sale,	92347
exchange, purchase, rental, or leasing of any real estate;	92348

(3) Lists, or offers, attempts, or agrees to list, or	92349
auctions, or offers, attempts, or agrees to auction, any real	92350
estate;	92351

(4) Buys or offers to buy, sells or offers to sell, or	92352
otherwise deals in options on real estate;	92353

(5) Operates, manages, or rents, or offers or attempts to	92354
operate, manage, or rent, other than as custodian, caretaker, or	92355
janitor, any building or portions of buildings to the public as	92356
tenants;	92357

(6) Advertises or holds self out as engaged in the business	92358
of selling, exchanging, purchasing, renting, or leasing real	92359
estate;	92360

(7) Directs or assists in the procuring of prospects or the	92361
negotiation of any transaction, other than mortgage financing,	92362
which does or is calculated to result in the sale, exchange,	92363
leasing, or renting of any real estate;	92364

(8) Is engaged in the business of charging an advance fee or	92365
contracting for collection of a fee in connection with any	92366
contract whereby the broker undertakes primarily to promote the	92367
sale, exchange, purchase, rental, or leasing of real estate	92368
through its listing in a publication issued primarily for such	92369
purpose, or for referral of information concerning such real	92370
estate to brokers, or both, except that this division does not	92371
apply to a publisher of listings or compilations of sales of real	92372
estate by their owners;	92373

(9) Collects rental information for purposes of referring	92374
prospective tenants to rental units or locations of such units and	92375
charges the prospective tenants a fee.	92376

(B) "Real estate" includes leaseholds as well as any and	92377
every interest or estate in land situated in this state, whether	92378
corporeal or incorporeal, whether freehold or nonfreehold, and the	92379
improvements on the land, but does not include cemetery interment	92380
rights.	92381

(C) "Real estate salesperson" means any person associated	92382
with a licensed real estate broker to do or to deal in any acts or	92383
transactions set out or comprehended by the definition of a real	92384
estate broker, for compensation or otherwise.	92385

(D) "Institution of higher education" means either of the	92386
following:	92387

(1) A nonprofit institution as defined in section 1713.01 of	92388
the Revised Code that actually awards, rather than intends to	92389
award, degrees for fulfilling requirements of academic work beyond	92390
high school;	92391

(2) An institution operated for profit that otherwise	92392
qualifies under the definition of an institution in section	92393
1713.01 of the Revised Code and that actually awards, rather than	92394
intends to award, degrees for fulfilling requirements of academic	92395
work beyond high school.	92396

(E) "Foreign real estate" means real estate not situated in	92397
this state and any interest in real estate not situated in this	92398
state.	92399

(F) "Foreign real estate dealer" includes any person,	92400
partnership, association, limited liability company, limited	92401
liability partnership, or corporation, foreign or domestic, who	92402
for another, whether pursuant to a power of attorney or otherwise,	92403
and who for a fee, commission, or other valuable consideration, or	92404
with the intention, or in the expectation, or upon the promise of	92405
receiving or collecting a fee, commission, or other valuable	92406
consideration, does or deals in any act or transaction specified	92407
or comprehended in division (A) of this section with respect to	92408
foreign real estate.	92409

(G) "Foreign real estate salesperson" means any person	92410
associated with a licensed foreign real estate dealer to do or	92411
deal in any act or transaction specified or comprehended in	92412
division (A) of this section with respect to foreign real estate,	92413
for compensation or otherwise.	92414

(H) Any person, partnership, association, limited liability	92415
company, limited liability partnership, or corporation, who, for	92416
another, in consideration of compensation, by fee, commission,	92417
salary, or otherwise, or with the intention, in the expectation,	92418
or upon the promise of receiving or collecting a fee, does, or	92419
offers, attempts, or agrees to engage in, any single act or	92420
transaction contained in the definition of a real estate broker,	92421
whether an act is an incidental part of a transaction, or the	92422
entire transaction, shall be constituted a real estate broker or	92423
real estate salesperson under this chapter.	92424

(I)(1) The terms "real estate broker," "real estate	92425
salesperson," "foreign real estate dealer," and "foreign real	92426
estate salesperson" do not include a person, partnership,	92427
association, limited liability company, limited liability	92428
partnership, or corporation, or the regular employees thereof, who	92429
perform any of the acts or transactions specified or comprehended	92430
in division (A) of this section, whether or not for, or with the	92431
intention, in expectation, or upon the promise of receiving or	92432
collecting a fee, commission, or other valuable consideration:	92433

~~(1)~~(a) With reference to real estate situated in this state	92434
~~or any interest in it~~ owned by such person, partnership,	92435
association, limited liability company, limited liability	92436
partnership, or corporation, or acquired on its own account in the	92437
regular course of, or as an incident to the management of the	92438
property and the investment in it;	92439

~~(2)~~(b) As receiver or trustee in bankruptcy, as guardian,	92440
executor, administrator, trustee, assignee, commissioner, or any	92441
person doing the things mentioned in this section, under authority	92442
or appointment of, or incident to a proceeding in, any court, or	92443
as a bona fide public officer, or as executor, trustee, or other	92444
bona fide fiduciary under any trust agreement, deed of trust,	92445
will, or other instrument that has been executed in good faith	92446
creating a like bona fide fiduciary obligation;	92447

~~(3)~~(c) As a public officer while performing the officer's	92448
official duties;	92449

~~(4)~~(d) As an attorney at law in the performance of the	92450
attorney's duties;	92451

~~(5)~~(e) As a person who engages in the brokering of the sale	92452
of business assets, not including the ~~negotiation of the~~ sale,	92453
lease, exchange, or assignment of any interest in real estate;	92454

~~(6)~~(f) As a person who engages in the sale of manufactured	92455
homes as defined in division (C)(4) of section 3781.06 of the	92456
Revised Code, or of mobile homes as defined in division (O) of	92457
section 4501.01 of the Revised Code, provided the sale does not	92458
include the negotiation, sale, lease, exchange, or assignment of	92459
any interest in real estate;	92460

~~(7)~~(g) As a person who engages in the sale of commercial real	92461
estate pursuant to the requirements of section 4735.022 of the	92462
Revised Code.	92463

(2) A person, partnership, association, limited liability	92464
company, limited liability partnership, or corporation exempt	92465
under division (I)(1)(a) of this section shall be limited by the	92466
legal interest in the real estate held by that person or entity to	92467
performing any of the acts or transactions specified in or	92468
comprehended by division (A) of this section.	92469

(J) "~~Physically handicapped~~Disabled licensee" means a person	92470
licensed pursuant to this chapter who is under a severe ~~physical~~	92471
disability which is of such a nature as to prevent the person from	92472
being able to attend any instruction lasting at least three hours	92473
in duration.	92474

(K) "Division of real estate" may be used interchangeably	92475
with, and for all purposes has the same meaning as, "division of	92476
real estate and professional licensing."	92477

(L) "Superintendent" or "superintendent of real estate" means	92478
the superintendent of the division of real estate and professional	92479
licensing of this state. Whenever the division or superintendent	92480
of real estate is referred to or designated in any statute, rule,	92481
contract, or other document, the reference or designation shall be	92482
deemed to refer to the division or superintendent of real estate	92483
and professional licensing, as the case may be.	92484

(M) "Inactive license" means the license status in which a	92485
salesperson's license is in the possession of the division,	92486
renewed as required under this chapter or rules adopted under this	92487
chapter, and not associated with a real estate broker.	92488

(N) "Broker's license on deposit" means the license status in	92489
which a broker's license is in the possession of the division of	92490
real estate and professional licensing and renewed as required	92491
under this chapter or rules adopted under this chapter.	92492

(O) "Suspended license" means the license status that	92493
prohibits a licensee from providing services that require a	92494
license under this chapter for a specified interval of time.	92495

(P) "Reactivate" means the process prescribed by the	92496
superintendent of real estate and professional licensing to remove	92497
a license from an inactive, voluntary hold, suspended, or broker's	92498
license on deposit status to allow a licensee to provide services	92499
that require a license under this chapter.	92500

(Q) "Revoked" means the license status in which the license	92501
is void and not eligible for reactivation.	92502

(R) "Commercial real estate" means any parcel of real estate	92503
in this state other than real estate containing one to four	92504
residential units. "Commercial real estate" does not include	92505
single-family residential units such as condominiums, townhouses,	92506
manufactured homes, or homes in a subdivision when sold, leased,	92507
or otherwise conveyed on a unit-by-unit basis, even when those	92508
units are a part of a larger building or parcel of real estate	92509
containing more than four residential units.	92510

(S) "Out-of-state commercial broker" includes any person,	92511
partnership, association, limited liability company, limited	92512
liability partnership, or corporation that is licensed to do	92513
business as a real estate broker in a jurisdiction other than	92514
Ohio.	92515

(T) "Out-of-state commercial salesperson" includes any person	92516
affiliated with an out-of-state commercial broker who is not	92517
licensed as a real estate salesperson in Ohio.	92518

(U) "Exclusive right to sell or lease listing agreement"	92519
means an agency agreement between a seller and broker that meets	92520
the requirements of section 4735.55 of the Revised Code and does	92521
both of the following:	92522

(1) Grants the broker the exclusive right to represent the	92523
seller in the sale or lease of the seller's property;	92524

(2) Provides the broker will be compensated if the broker,	92525
the seller, or any other person or entity produces a purchaser or	92526
tenant in accordance with the terms specified in the listing	92527
agreement or if the property is sold or leased during the term of	92528
the listing agreement to anyone other than to specifically	92529
exempted persons or entities.	92530

(V) "Exclusive agency agreement" means an agency agreement	92531
between a seller and broker that meets the requirements of section	92532
4735.55 of the Revised Code and does both of the following:	92533

(1) Grants the broker the exclusive right to represent the	92534
seller in the sale or lease of the seller's property;	92535

(2) Provides the broker will be compensated if the broker or	92536
any other person or entity produces a purchaser or tenant in	92537
accordance with the terms specified in the listing agreement or if	92538
the property is sold or leased during the term of the listing	92539
agreement, unless the property is sold or leased solely through	92540
the efforts of the seller or to the specifically exempted persons	92541
or entities.	92542

(W) "Exclusive purchaser agency agreement" means an agency	92543
agreement between a purchaser and broker that meets the	92544
requirements of section 4735.55 of the Revised Code and does both	92545
of the following:	92546

(1) Grants the broker the exclusive right to represent the	92547
purchaser in the purchase or lease of property;	92548

(2) Provides the broker will be compensated in accordance	92549
with the terms specified in the exclusive agency agreement or if a	92550
property is purchased or leased by the purchaser during the term	92551
of the agency agreement unless the property is specifically	92552
exempted in the agency agreement.	92553

The agreement may authorize the broker to receive	92554
compensation from the seller or the seller's agent and may provide	92555
that the purchaser is not obligated to compensate the broker if	92556
the property is purchased or leased solely through the efforts of	92557
the purchaser.	92558

(X) "Seller" means a party in a real estate transaction who	92559
is the potential transferor of property. "Seller" includes an	92560
owner of property who is seeking to sell the property and a	92561
landlord who is seeking to rent or lease property to another	92562
person.	92563

(Y) "Voluntary hold" means the license status in which a	92564
license is in the possession of the division of real estate and	92565
professional licensing for a period of not more than twelve months	92566
pursuant to section 4735.142 of the Revised Code, is not renewed	92567
in accordance with the requirements specified in this chapter or	92568
the rules adopted pursuant to it, and is not associated with a	92569
real estate broker.	92570

(Z) "Resigned" means the license status in which a license	92571
has been voluntarily surrendered to or is otherwise in the	92572
possession of the division of real estate and professional	92573
licensing, is not renewed in accordance with the requirements	92574
specified in this chapter or the rules adopted pursuant to it, and	92575
is not associated with a real estate broker.	92576

(AA) "Bona fide" means made in good faith or without purpose	92577
of circumventing license law.	92578

Sec. 4735.02. (A) Except as provided in section 4735.022 of	92579
the Revised Code, no person, partnership, association, limited	92580
liability company, limited liability partnership, or corporation	92581
shall act as a real estate broker or real estate salesperson, or	92582
advertise or assume to act as such, without first being licensed	92583
as provided in this chapter. No person, partnership, association,	92584
limited liability company, limited liability partnership, or	92585
corporation shall provide services that require a license under	92586
this chapter if the licensee's license is inactive, suspended,	92587
placed on voluntary hold, resigned, or a broker's license on	92588
deposit, or if the license has been revoked. Nothing contained in	92589
this chapter shall be construed as authorizing a real estate	92590
broker or salesperson to perform any service constituting the	92591
practice of law.	92592

(B) No partnership, association, limited liability company,	92593
limited liability partnership, or corporation holding a real	92594
estate license shall employ as an officer, director, manager, or	92595
principal employee any person previously holding a license as a	92596
real estate broker, real estate salesperson, foreign real estate	92597
dealer, or foreign real estate salesperson, whose license has been	92598
placed in inactive, voluntary hold, or resigned status, or is	92599
suspended, or revoked and who has not thereafter reactivated the	92600
license or received a new license.	92601

Sec. 4735.03. There is hereby created the Ohio real estate	92602
commission, consisting of five members who shall be appointed by	92603
the governor, with the advice and consent of the senate. Four	92604
members shall have been engaged in the real estate business as	92605
licensed real estate brokers in the state for a period of ten	92606
years immediately preceding the appointment. One member shall	92607
represent the public. Terms of office shall be for five years,	92608
commencing on the first day of July and ending on the thirtieth	92609
day of June. Each member shall hold office from the date of	92610
appointment until the end of the term for which appointed. No more	92611
than three members shall be members of any one political party and	92612
no member of the commission concurrently may be a member of the	92613
commission and the real estate appraiser board created pursuant to	92614
section 4763.02 of the Revised Code. Each member, before entering	92615
upon the duties of office, shall subscribe to and file with the	92616
secretary of state the constitutional oath of office. All	92617
vacancies which occur shall be filled in the manner prescribed for	92618
the regular appointments to the commission. Any member appointed	92619
to fill a vacancy occurring prior to the expiration of the term	92620
for which the member's predecessor was appointed shall hold office	92621
for the remainder of such term. Any member shall continue in	92622
office subsequent to the expiration date of the member's term	92623
until the member's successor takes office, or until a period of	92624
sixty days has elapsed, whichever occurs first. No member shall	92625
hold office for more than two consecutive full terms. Annually,	92626
upon the qualification of the member appointed in such year, the	92627
commission shall organize by selecting from its members a	92628
president and vice-president, and shall do all things necessary	92629
and proper to carry out and enforce this chapter. A majority of	92630
the members of the commission shall constitute a quorum, but a	92631
lesser number may adjourn from time to time. Each member of the	92632
commission shall receive an amount fixed pursuant to section	92633
124.14 of the Revised Code for each day employed in the discharge	92634
of official duties, and the member's actual and necessary expenses	92635
incurred in the discharge of those duties.	92636

The commission or the superintendent of real estate may	92637
investigate complaints concerning the violation of section 4735.02	92638
or 4735.25 of the Revised Code and may subpoena witnesses in	92639
connection with such investigations as provided in section 4735.04	92640
of the Revised Code. The commission or the superintendent may make	92641
application to the appropriate court for an order enjoining the	92642
violation of section 4735.02 or 4735.25 of the Revised Code, and	92643
upon a showing by the commission or the superintendent that any	92644
person, firm, partnership, association, limited liability company,	92645
limited liability partnership, or corporation has violated or is	92646
about to violate section 4735.02 or 4735.25 of the Revised Code,	92647
an injunction, restraining order, or such other order as may be	92648
appropriate shall be granted by such court.	92649

The commission shall:

92650

(A) Adopt canons of ethics for the real estate industry;

92651

(B) Upon appeal by any party affected, or may upon its own	92652
motion, review any order or application determination of the	92653
superintendent, and may reverse, vacate, or modify any order of	92654
the superintendent;	92655

(C) Administer the real estate education and research fund	92656
and hear appeals from orders of the superintendent regarding	92657
claims against that fund or against the real estate recovery fund;	92658

(D) Direct the superintendent on the content, scheduling,	92659
instruction, and offerings of real estate courses for salesperson	92660
and broker educational requirements;	92661

(E) Disseminate to licensees and the public, information	92662
relative to commission activities and decisions;	92663

(F) Notify licensees of changes in state and federal civil	92664
rights laws pertaining to discrimination in the purchase or sale	92665
of real estate and relevant case law, and inform licensees that	92666
they are subject to disciplinary action if they do not comply with	92667
the changes;	92668

(G) Publish and furnish to public libraries and to brokers	92669
booklets on housing and remedies available to dissatisfied clients	92670
under this chapter and Chapter 4112. of the Revised Code;	92671

(H) Provide training to commission members and employees of	92672
the division of real estate and professional licensing on issues	92673
relative to the real estate industry, which may include but not be	92674
limited to investigative techniques, real estate law, and real	92675
estate practices and procedures.	92676

Sec. 4735.05. (A) The Ohio real estate commission is a part	92677
of the department of commerce for administrative purposes. The	92678
director of commerce is ex officio the executive officer of the	92679
commission, or the director may designate any employee of the	92680
department as superintendent of real estate and professional	92681
licensing to act as executive officer of the commission.	92682

The commission and the real estate appraiser board created	92683
pursuant to section 4763.02 of the Revised Code shall each submit	92684
to the director a list of three persons whom the commission and	92685
the board consider qualified to be superintendent within sixty	92686
days after the office of superintendent becomes vacant. The	92687
director shall appoint a superintendent from the lists submitted	92688
by the commission and the board, and the superintendent shall	92689
serve at the pleasure of the director.	92690

(B) The superintendent, except as otherwise provided, shall	92691
do all of the following in regard to this chapter:	92692

(1) Administer this chapter;

92693

(2) Issue all orders necessary to implement this chapter;

92694

(3) Investigate complaints concerning the violation of this	92695
chapter or the conduct of any licensee;	92696

(4) Establish and maintain an investigation and audit section	92697
to investigate complaints and conduct inspections, audits, and	92698
other inquiries as in the judgment of the superintendent are	92699
appropriate to enforce this chapter. The investigators or auditors	92700
have the right to review and audit the business records of	92701
licensees and continuing education course providers during normal	92702
business hours.	92703

(5) Appoint a hearing examiner for any proceeding involving	92704
disciplinary action under section 3123.47, 4735.052, or 4735.18 of	92705
the Revised Code;	92706

(6) Administer the real estate recovery fund.

92707

92708

(1) In connection with investigations and audits under	92709
division (B) of this section, subpoena witnesses as provided in	92710
section 4735.04 of the Revised Code;	92711

(2) Apply to the appropriate court to enjoin any violation of	92712
this chapter. Upon a showing by the superintendent that any person	92713
has violated or is about to violate any provision of this chapter,	92714
the court shall grant an injunction, restraining order, or other	92715
appropriate order.	92716

(3) Upon the death of a licensed broker or the revocation or	92717
suspension of the broker's license, if there is no other licensed	92718
broker within the business entity of the broker, appoint upon	92719
application by any interested party, or, in the case of a deceased	92720
broker, subject to the approval by the appropriate probate court,	92721
recommend the appointment of, an ancillary trustee who is	92722
qualified as determined by the superintendent to conclude the	92723
business transactions of the deceased, revoked, or suspended	92724
broker;	92725

(4) In conjunction with the enforcement of this chapter, when	92726
the superintendent of real estate has reasonable cause to believe	92727
that an applicant or licensee has committed a criminal offense,	92728
the superintendent of real estate may request the superintendent	92729
of the bureau of criminal identification and investigation to	92730
conduct a criminal records check of the applicant or licensee. The	92731
superintendent of the bureau of criminal identification and	92732
investigation shall obtain information from the federal bureau of	92733
investigation as part of the criminal records check of the	92734
applicant or licensee. The superintendent of real estate may	92735
assess the applicant or licensee a fee equal to the fee assessed	92736
for the criminal records check.	92737

(5) In conjunction with the enforcement of this chapter,	92738
issue advisory letters in lieu of initiating disciplinary action	92739
under section 4735.051 or 4735.052 of the Revised Code or issuing	92740
a citation under section 4735.16 or 4735.181 of the Revised Code.	92741

(D) All information that is obtained by investigators and	92742
auditors performing investigations or conducting inspections,	92743
audits, and other inquiries pursuant to division (B)(4) of this	92744
section, from licensees, complainants, or other persons, and all	92745
reports, documents, and other work products that arise from that	92746
information and that are prepared by the investigators, auditors,	92747
or other personnel of the department, shall be held in confidence	92748
by the superintendent, the investigators and auditors, and other	92749
personnel of the department. Notwithstanding division (D) of	92750
section 2317.023 of the Revised Code, all information obtained by	92751
investigators or auditors from an informal mediation meeting held	92752
pursuant to section 4735.051 of the Revised Code, including but	92753
not limited to the agreement to mediate and the accommodation	92754
agreement, shall be held in confidence by the superintendent,	92755
investigators, auditors, and other personnel of the department.	92756

(E) This section does not prevent the division of real estate	92757
and professional licensing from releasing information relating to	92758
licensees to the superintendent of financial institutions for	92759
purposes relating to the administration of sections 1322.01 to	92760
1322.12 of the Revised Code, to the superintendent of insurance	92761
for purposes relating to the administration of Chapter 3953. of	92762
the Revised Code, to the attorney general, or to local law	92763
enforcement agencies and local prosecutors. Information released	92764
by the division pursuant to this section remains confidential.	92765

Sec. 4735.052. (A) Upon receipt of a written complaint or	92766
upon the superintendent's own motion, the superintendent may	92767
investigate any person that has allegedly violated section 4735.02	92768
or 4735.25 of the Revised Code, except that the superintendent	92769
shall not initiate an investigation, pursuant to this section, of	92770
any person who held a ~~valid~~license on voluntary hold or a	92771
suspended or inactive license under this chapter ~~any time during~~	92772
~~the twelve months preceding~~on the date of the alleged violation.	92773

(B) If, after investigation, the superintendent determines	92774
there exists reasonable evidence of a violation of section 4735.02	92775
or 4735.25 of the Revised Code, within ~~seven~~fourteen business	92776
days after that determination, the superintendent shall send the	92777
party who is the subject of the investigation, a written notice,	92778
by regular mail, that includes all of the following information:	92779

(1) A description of the activity in which the party	92780
allegedly is engaging or has engaged that is a violation of	92781
section 4735.02 or 4735.25 of the Revised Code;	92782

(2) The applicable law allegedly violated;

92783

(3) A statement informing the party that a hearing concerning	92784
the alleged violation will be held ~~at the next regularly scheduled~~	92785
~~meeting of the Ohio real estate commission, and a statement giving~~	92786
~~the date and place of that meeting;~~	92787

~~(4) A statement informing the party that the party or the~~	92788
~~party's attorney may appear in person at the hearing and present~~	92789
~~evidence and examine witnesses appearing for and against the~~	92790
~~party, or the party may submit written testimony stating any~~	92791
~~positions, arguments, or contentions~~, upon the party's request,	92792
before a hearing examiner pursuant to Chapter 119. of the Revised	92793
Code.	92794

(C) ~~The commission~~(1) If a hearing is requested, the hearing	92795
examiner shall hear the testimony of all parties present at the	92796
hearing and consider any written testimony submitted pursuant to	92797
~~division (B)(4) of~~ this section, and determine if there has been a	92798
violation of section 4735.02 or 4735.25 of the Revised Code. If	92799

(2) After the conclusion of formal hearings, the hearing	92800
examiner shall file a report of findings of fact and conclusions	92801
of law with the superintendent, the commission, the complainant,	92802
and the parties. Within twenty days of receipt of such copy of the	92803
written report of findings of fact and conclusions of law, the	92804
parties and the division may file with the commission written	92805
objections to the report, which shall be considered by the	92806
commission before approving, modifying, or disapproving the	92807
report.	92808

(3) The commission shall review the hearing examiner's report	92809
at the next regularly scheduled commission meeting held at least	92810
twenty business days after receipt of the hearing examiner's	92811
report. The commission shall hear the testimony of the complainant	92812
or the parties.	92813

(4) The commission shall decide whether to impose	92814
disciplinary sanctions upon a party for a violation of section	92815
4735.02 of the Revised Code. If the commission finds that a	92816
violation has occurred, the commission may assess a civil penalty,	92817
in an amount it determines, not to exceed one thousand dollars per	92818
violation. Each day a violation occurs or continues is a separate	92819
violation. The commission shall determine the terms of payment.	92820
The commission shall maintain a ~~transcript~~record of the	92821
proceedings of the hearing and issue a written opinion to all	92822
parties, citing its findings and grounds for any action taken.	92823

(D) Civil penalties collected under this section shall be	92824
deposited in the real estate ~~recovery~~operating fund, which is	92825
created in the state treasury under section ~~4735.12~~4735.211 of	92826
the Revised Code.	92827

(E) If a party fails to pay a civil penalty assessed pursuant	92828
to this section within the time prescribed by the commission, the	92829
superintendent shall forward to the attorney general the name of	92830
the party and the amount of the civil penalty, for the purpose of	92831
collecting that civil penalty. In addition to the civil penalty	92832
assessed pursuant to this section, the party also shall pay any	92833
fee assessed by the attorney general for collection of the civil	92834
penalty.	92835

(F) The superintendent may reserve the right to bring a civil	92836
action against a party that fails to pay a civil penalty for	92837
breach of contract in a court of competent jurisdiction.	92838

Sec. 4735.06. (A) Application for a license as a real estate	92839
broker shall be made to the superintendent of real estate on forms	92840
furnished by the superintendent and filed with the superintendent	92841
and shall be signed by the applicant or its members or officers.	92842
Each application shall state the name of the person applying and	92843
the location of the place of business for which the license is	92844
desired, and give such other information as the superintendent	92845
requires in the form of application prescribed by the	92846
superintendent.	92847

If the applicant is a partnership, limited liability company,	92848
limited liability partnership, or association, the names of all	92849
the members also shall be stated, and, if the applicant is a	92850
corporation, the names of its president and of each of its	92851
officers also shall be stated. The superintendent has the right to	92852
reject the application of any partnership, association, limited	92853
liability company, limited liability partnership, or corporation	92854
if the name proposed to be used by such partnership, association,	92855
limited liability company, limited liability partnership, or	92856
corporation is likely to mislead the public or if the name is not	92857
such as to distinguish it from the name of any existing	92858
partnership, association, limited liability company, limited	92859
liability partnership, or corporation licensed under this chapter,	92860
unless there is filed with the application the written consent of	92861
such existing partnership, association, limited liability company,	92862
limited liability partnership, or corporation, executed by a duly	92863
authorized representative of it, permitting the use of the name of	92864
such existing partnership, association, limited liability company,	92865
limited liability partnership, or corporation.	92866

(B) A fee of one hundred dollars shall accompany the	92867
application for a real estate broker's license~~, which fee includes~~	92868
~~the fee for the initial year of the licensing period, if a license~~	92869
~~is issued~~. The initial licensing period commences at the time the	92870
license is issued and ends on the applicant's first birthday	92871
thereafter. However, if the applicant was an inactive or active	92872
salesperson immediately preceding application for a broker's	92873
license, then the initial licensing period shall commence at the	92874
time the broker's license is issued and ends on the date the	92875
licensee's continuing education is due as set when the applicant	92876
was a salesperson. The application fee shall be ~~retained by the~~	92877
~~superintendent if the applicant is admitted to the examination for~~	92878
~~the license or the examination requirement is waived, but, if an~~	92879
~~applicant is not so admitted and a waiver is not involved,~~	92880
~~one-half of the fee shall be retained by the superintendent to~~	92881
~~cover the expenses of processing the application and the other~~	92882
~~one-half shall be returned to the applicant~~nonrefundable. A fee	92883
of one hundred dollars shall be charged by the superintendent for	92884
each successive application made by an applicant. In the case of	92885
issuance of a three-year license, upon passing the examination, or	92886
upon waiver of the examination requirement, if the superintendent	92887
determines it is necessary, the applicant shall submit an	92888
additional fee determined by the superintendent based upon the	92889
number of years remaining in a real estate salesperson's licensing	92890
period.	92891

(C) One dollar of each application fee for a real estate	92892
broker's license shall be credited to the real estate education	92893
and research fund, which is hereby created in the state treasury.	92894
The Ohio real estate commission may use the fund in discharging	92895
the duties prescribed in divisions (E), (F), (G), and (H) of	92896
section 4735.03 of the Revised Code and shall use it in the	92897
advancement of education and research in real estate at any	92898
institution of higher education in the state, or in contracting	92899
with any such institution or a trade organization for a particular	92900
research or educational project in the field of real estate, or in	92901
advancing loans, not exceeding ~~eight hundred~~two thousand dollars,	92902
to applicants for salesperson licenses, to defray the costs of	92903
satisfying the educational requirements of division (F) of section	92904
4735.09 of the Revised Code. Such loans shall be made according to	92905
rules established by the commission under the procedures of	92906
Chapter 119. of the Revised Code, and they shall be repaid to the	92907
fund within three years of the time they are made. No more than	92908
ten thousand dollars shall be lent from the fund in any one year.	92909

The governor may appoint a representative from the executive	92910
branch to be a member ex officio of the commission for the purpose	92911
of advising on research requests or educational projects. The	92912
commission shall report to the general assembly on the third	92913
Tuesday after the third Monday in January of each year setting	92914
forth the total amount contained in the fund and the amount of	92915
each research grant that it has authorized and the amount of each	92916
research grant requested. A copy of all research reports shall be	92917
submitted to the state library of Ohio and the library of the	92918
legislative service commission.	92919

(D) If the superintendent, with the consent of the	92920
commission, enters into an agreement with a national testing	92921
service to administer the real estate broker's examination,	92922
pursuant to division (A) of section 4735.07 of the Revised Code,	92923
the superintendent may require an applicant to pay the testing	92924
service's examination fee directly to the testing service. If the	92925
superintendent requires the payment of the examination fee	92926
directly to the testing service, each applicant shall submit to	92927
the superintendent a processing fee in an amount determined by the	92928
Ohio real estate commission pursuant to division (A)(2) of section	92929
4735.10 of the Revised Code.	92930

Sec. 4735.07. (A) The superintendent of real estate, with	92931
the consent of the Ohio real estate commission, may enter into	92932
agreements with recognized national testing services to administer	92933
the real estate broker's examination under the superintendent's	92934
supervision and control, consistent with the requirements of this	92935
chapter as to the contents of such examination.	92936

(B) No applicant for a real estate broker's license shall	92937
take the broker's examination who has not established to the	92938
satisfaction of the superintendent that the applicant:	92939

(1) Is honest, truthful, and of good reputation;

92940

(2)(a) Has not been convicted of a felony or crime of moral	92941
turpitude, or if the applicant has been so convicted, the	92942
superintendent has disregarded the conviction because the	92943
applicant has proven to the superintendent, by a preponderance of	92944
the evidence, that the applicant's activities and employment	92945
record since the conviction show that the applicant is honest,	92946
truthful, and of good reputation, and there is no basis in fact	92947
for believing that the applicant again will violate the laws	92948
involved;	92949

(b) Has not been finally adjudged by a court to have violated	92950
any municipal, state, or federal civil rights laws relevant to the	92951
protection of purchasers or sellers of real estate or, if the	92952
applicant has been so adjudged, at least two years have passed	92953
since the court decision and the superintendent has disregarded	92954
the adjudication because the applicant has proven, by a	92955
preponderance of the evidence, that the applicant's activities and	92956
employment record since the adjudication show that the applicant	92957
is honest, truthful, and of good reputation, and there is no basis	92958
in fact for believing that the applicant will again violate the	92959
laws involved.	92960

(3) Has not, during any period in which the applicant was	92961
licensed under this chapter, violated any provision of, or any	92962
rule adopted pursuant to, this chapter, or, if the applicant has	92963
violated any such provision or rule, has established to the	92964
satisfaction of the superintendent that the applicant will not	92965
again violate such provision or rule;	92966

(4) Is at least eighteen years of age;

92967

(5) Has been a licensed real estate broker or salesperson for	92968
at least two years; during at least two of the five years	92969
preceding the person's application, has worked as a licensed real	92970
estate broker or salesperson for an average of at least thirty	92971
hours per week; and has completed one of the following:	92972

(a) At least twenty real estate transactions, in which	92973
property was sold for another by the applicant while acting in the	92974
capacity of a real estate broker or salesperson;	92975

(b) Such equivalent experience as is defined by rules adopted	92976
by the commission.	92977

(6)(a) If licensed as a real estate salesperson prior to	92978
August 1, 2001, successfully has completed at an institution of	92979
higher education all of the following:	92980

(i) Thirty hours of classroom instruction in real estate	92981
practice;	92982

(ii) Thirty hours of classroom instruction that includes the	92983
subjects of Ohio real estate law, municipal, state, and federal	92984
civil rights law, new case law on housing discrimination,	92985
desegregation issues, and methods of eliminating the effects of	92986
prior discrimination. If feasible, the classroom instruction in	92987
Ohio real estate law shall be taught by a member of the faculty of	92988
an accredited law school. If feasible, the classroom instruction	92989
in municipal, state, and federal civil rights law, new case law on	92990
housing discrimination, desegregation issues, and methods of	92991
eliminating the effects of prior discrimination shall be taught by	92992
a staff member of the Ohio civil rights commission who is	92993
knowledgeable with respect to those subjects. The requirements of	92994
this division do not apply to an applicant who is admitted to	92995
practice before the supreme court.	92996

(iii) Thirty hours of classroom instruction in real estate	92997
appraisal;	92998

(iv) Thirty hours of classroom instruction in real estate	92999
finance;	93000

(v) Three quarter hours, or its equivalent in semester hours,	93001
in financial management;	93002

(vi) Three quarter hours, or its equivalent in semester	93003
hours, in human resource or personnel management;	93004

(vii) Three quarter hours, or its equivalent in semester	93005
hours, in applied business economics;	93006

(viii) Three quarter hours, or its equivalent in semester	93007
hours, in business law.	93008

(b) If licensed as a real estate salesperson on or after	93009
August 1, 2001, successfully has completed at an institution of	93010
higher education all of the following:	93011

(i) Forty hours of classroom instruction in real estate	93012
practice;	93013

(ii) Forty hours of classroom instruction that includes the	93014
subjects of Ohio real estate law, municipal, state, and federal	93015
civil rights law, new case law on housing discrimination,	93016
desegregation issues, and methods of eliminating the effects of	93017
prior discrimination. If feasible, the classroom instruction in	93018
Ohio real estate law shall be taught by a member of the faculty of	93019
an accredited law school. If feasible, the classroom instruction	93020
in municipal, state, and federal civil rights law, new case law on	93021
housing discrimination, desegregation issues, and methods of	93022
eliminating the effects of prior discrimination shall be taught by	93023
a staff member of the Ohio civil rights commission who is	93024
knowledgeable with respect to those subjects. The requirements of	93025
this division do not apply to an applicant who is admitted to	93026
practice before the supreme court.	93027

(iii) Twenty hours of classroom instruction in real estate	93028
appraisal;	93029

(iv) Twenty hours of classroom instruction in real estate	93030
finance;	93031

(v) The training in the amount of hours specified under	93032
divisions (B)(6)(a)(v), (vi), (vii), and (viii) of this section.	93033

(c) Division (B)(6)(a) or (b) of this section does not apply	93034
to any applicant who holds a valid real estate salesperson's	93035
license issued prior to January 2, 1972. Divisions (B)(6)(a)(v),	93036
(vi), (vii), and (viii) or division (B)(6)(b)(v) of this section	93037
do not apply to any applicant who holds a valid real estate	93038
salesperson's license issued prior to January 3, 1984.	93039

(7) If licensed as a real estate salesperson on or after	93040
January 3, 1984, satisfactorily has completed a minimum of two	93041
years of post-secondary education, or its equivalent in semester	93042
or quarter hours, at an institution of higher education, and has	93043
fulfilled the requirements of division (B)(6)(a) or (b) of this	93044
section. The requirements of division (B)(6)(a) or (b) of this	93045
section may be included in the two years of post-secondary	93046
education, or its equivalent in semester or quarter hours, that is	93047
required by this division.	93048

(C) Each applicant for a broker's license shall be examined	93049
in the principles of real estate practice, Ohio real estate law,	93050
and financing and appraisal, and as to the duties of real estate	93051
brokers and real estate salespersons, the applicant's knowledge of	93052
real estate transactions and instruments relating to them, and the	93053
canons of business ethics pertaining to them. The commission from	93054
time to time shall promulgate such canons and cause them to be	93055
published in printed form.	93056

(D) Examinations shall be administered with reasonable	93057
accommodations in accordance with the requirements of the	93058
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	93059
U.S.C. 12101. The contents of an examination shall be consistent	93060
with the requirements of division (B)(6) of this section and with	93061
the other specific requirements of this section. An applicant who	93062
has completed the requirements of division (B)(6) of this section	93063
at the time of application shall be examined no later than twelve	93064
months after the applicant is notified of admission to the	93065
examination.	93066

(E) The superintendent may waive one or more of the	93067
requirements of this section in the case of an application from a	93068
nonresident real estate broker pursuant to a reciprocity agreement	93069
with the licensing authority of the state from which the	93070
nonresident applicant holds a valid real estate broker license.	93071

(F) There shall be no limit placed on the number of times an	93072
applicant may retake the examination.	93073

(G)(1) NoNot earlier than the date of issue of a real estate	93074
broker's license to a licensee, but not later than twelve months	93075
after the date of issue of a real estate broker's license to a	93076
licensee, the licensee shall submit proof satisfactory to the	93077
superintendent, on forms made available by the superintendent, of	93078
the completion of ten hours of classroom instruction ~~in real~~	93079
~~estate brokerage at an institution of higher education or any~~	93080
~~other institution~~that shall be completed in schools, seminars,	93081
and educational institutions that isare approved by the	93082
commission. ~~That instruction shall include, but not be limited to,~~	93083
~~current issues in managing a real estate company or office~~	93084
Approval of the curriculum and providers shall be granted	93085
according to rules adopted pursuant to section 4735.10 of the	93086
Revised Code.	93087

If the required proof of completion is not submitted to the	93088
superintendent within twelve months of the date a license is	93089
issued under this section, the license of the real estate broker	93090
is suspended automatically without the taking of any action by the	93091
superintendent. The broker's license shall not be reactivated by	93092
the superintendent until it is established, to the satisfaction of	93093
the superintendent, that the requirements of this division have	93094
been met and that the licensee is in compliance with this chapter.	93095
A licensee's license is revoked automatically without the taking	93096
of any action by the superintendent if the licensee fails to	93097
submit proof of completion of the education requirements specified	93098
under division (G)(1) of this section within twelve months of the	93099
date the license is suspended.	93100

(2) If the license of a real estate broker is suspended	93101
pursuant to division (G)(1) of this section, the license of a real	93102
estate salesperson associated with that broker correspondingly is	93103
suspended pursuant to division (H) of section 4735.20 of the	93104
Revised Code. However, the suspended license of the associated	93105
real estate salesperson shall be reactivated and no fee shall be	93106
charged or collected for that reactivation if all of the following	93107
occur:	93108

(a) That broker subsequently submits satisfactory proof to	93109
the superintendent that the broker has complied with the	93110
requirements of division (G)(1) of this section and requests that	93111
the broker's license as a real estate broker be reactivated;	93112

(b) The superintendent then reactivates the broker's license	93113
as a real estate broker;	93114

(c) The associated real estate salesperson intends to	93115
continue to be associated with that broker and otherwise is in	93116
compliance with this chapter.	93117

Sec. 4735.09. (A) Application for a license as a real estate	93118
salesperson shall be made to the superintendent of real estate on	93119
forms furnished by the superintendent and signed by the applicant.	93120
The application shall be in the form prescribed by the	93121
superintendent and shall contain such information as is required	93122
by this chapter and the rules of the Ohio real estate commission.	93123
The application shall be accompanied by the recommendation of the	93124
real estate broker with whom the applicant is associated or with	93125
whom the applicant intends to be associated, certifying that the	93126
applicant is honest, truthful, and of good reputation, has not	93127
been convicted of a felony or a crime involving moral turpitude,	93128
and has not been finally adjudged by a court to have violated any	93129
municipal, state, or federal civil rights laws relevant to the	93130
protection of purchasers or sellers of real estate, which	93131
conviction or adjudication the applicant has not disclosed to the	93132
superintendent, and recommending that the applicant be admitted to	93133
the real estate salesperson examination.	93134

(B) A fee of sixty dollars shall accompany the application,	93135
which fee includes the fee for the initial year of the licensing	93136
period, if a license is issued. The initial year of the licensing	93137
period commences at the time the license is issued and ends on the	93138
applicant's first birthday thereafter. The application fee shall	93139
be ~~retained by the superintendent if the applicant is admitted to~~	93140
~~the examination for the license or the examination requirement is~~	93141
~~waived, but, if an applicant is not so admitted and a waiver is~~	93142
~~not involved, one-half of the fee shall be retained by the~~	93143
~~superintendent to cover the expenses of processing the application~~	93144
~~and the other one-half shall be returned to the applicant~~	93145
nonrefundable. A fee of sixty dollars shall be charged by the	93146
superintendent for each successive application made by the	93147
applicant. One dollar of each application fee shall be credited to	93148
the real estate education and research fund.	93149

(C) There shall be no limit placed on the number of times an	93150
applicant may retake the examination.	93151

(D) The superintendent, with the consent of the commission,	93152
may enter into an agreement with a recognized national testing	93153
service to administer the real estate salesperson's examination	93154
under the superintendent's supervision and control, consistent	93155
with the requirements of this chapter as to the contents of the	93156
examination.	93157

If the superintendent, with the consent of the commission,	93158
enters into an agreement with a national testing service to	93159
administer the real estate salesperson's examination, the	93160
superintendent may require an applicant to pay the testing	93161
service's examination fee directly to the testing service. If the	93162
superintendent requires the payment of the examination fee	93163
directly to the testing service, each applicant shall submit to	93164
the superintendent a processing fee in an amount determined by the	93165
Ohio real estate commission pursuant to division (A)(1) of section	93166
4735.10 of the Revised Code.	93167

(E) The superintendent shall issue a real estate	93168
salesperson's license when satisfied that the applicant has	93169
received a passing score on each portion of the salesperson's	93170
examination as determined by rule by the real estate commission,	93171
except that the superintendent may waive one or more of the	93172
requirements of this section in the case of an applicant who is a	93173
licensed real estate salesperson in another state pursuant to a	93174
reciprocity agreement with the licensing authority of the state	93175
from which the applicant holds a valid real estate salesperson's	93176
license.	93177

(F) No applicant for a salesperson's license shall take the	93178
salesperson's examination who has not established to the	93179
satisfaction of the superintendent that the applicant:	93180

(1) Is honest, truthful, and of good reputation;

93181

(2)(a) Has not been convicted of a felony or crime of moral	93182
turpitude or, if the applicant has been so convicted, the	93183
superintendent has disregarded the conviction because the	93184
applicant has proven to the superintendent, by a preponderance of	93185
the evidence, that the applicant's activities and employment	93186
record since the conviction show that the applicant is honest,	93187
truthful, and of good reputation, and there is no basis in fact	93188
for believing that the applicant again will violate the laws	93189
involved;	93190

(b) Has not been finally adjudged by a court to have violated	93191
any municipal, state, or federal civil rights laws relevant to the	93192
protection of purchasers or sellers of real estate or, if the	93193
applicant has been so adjudged, at least two years have passed	93194
since the court decision and the superintendent has disregarded	93195
the adjudication because the applicant has proven, by a	93196
preponderance of the evidence, that the applicant is honest,	93197
truthful, and of good reputation, and there is no basis in fact	93198
for believing that the applicant again will violate the laws	93199
involved.	93200

(3) Has not, during any period in which the applicant was	93201
licensed under this chapter, violated any provision of, or any	93202
rule adopted pursuant to this chapter, or, if the applicant has	93203
violated such provision or rule, has established to the	93204
satisfaction of the superintendent that the applicant will not	93205
again violate such provision or rule;	93206

(4) Is at least eighteen years of age;

93207

(5) If born after the year 1950, has a high school diploma or	93208
its equivalent as recognized by the state department of education;	93209

(6)~~(a) If beginning instruction prior to August 1, 2001, has~~	93210
~~successfully completed at an institution of higher education all~~	93211
~~of the following:~~	93212

~~(i) Thirty hours of classroom instruction in real estate~~	93213
~~practice;~~	93214

~~(ii) Thirty hours of classroom instruction that includes the~~	93215
~~subjects of Ohio real estate law, municipal, state, and federal~~	93216
~~civil rights law, new case law on housing discrimination,~~	93217
~~desegregation issues, and methods of eliminating the effects of~~	93218
~~prior discrimination. If feasible, the classroom instruction in~~	93219
~~Ohio real estate law shall be taught by a member of the faculty of~~	93220
~~an accredited law school. If feasible, the classroom instruction~~	93221
~~in municipal, state, and federal civil rights law, new case law on~~	93222
~~housing discrimination, desegregation issues, and methods of~~	93223
~~eliminating the effects of prior discrimination shall be taught by~~	93224
~~a staff member of the Ohio civil rights commission who is~~	93225
~~knowledgeable with respect to those subjects. The requirements of~~	93226
~~this division do not apply to an applicant who is admitted to~~	93227
~~practice before the supreme court.~~	93228

~~(iii) Thirty hours of classroom instruction in real estate~~	93229
~~appraisal;~~	93230

~~(iv) Thirty hours of classroom instruction in real estate~~	93231
~~finance.~~	93232

~~(b) Any person who has not been licensed as a real estate~~	93233
~~salesperson or broker within a four-year period immediately~~	93234
~~preceding the person's current application for the salesperson's~~	93235
~~examination shall have successfully completed the classroom~~	93236
~~instruction required by division (F)(6)(a) of this section within~~	93237
~~a ten-year period immediately preceding the person's current~~	93238
~~application for the salesperson's examination.~~	93239

~~(7) If beginning instruction, as determined by the~~	93240
~~superintendent, on or after August 1, 2001, has~~Has successfully	93241
completed at an institution of higher education all of the	93242
following:	93243

(a) Forty hours of classroom instruction in real estate	93244
practice;	93245

(b) Forty hours of classroom instruction that includes the	93246
subjects of Ohio real estate law, municipal, state, and federal	93247
civil rights law, new case law on housing discrimination,	93248
desegregation issues, and methods of eliminating the effects of	93249
prior discrimination. If feasible, the classroom instruction in	93250
Ohio real estate law shall be taught by a member of the faculty of	93251
an accredited law school. If feasible, the classroom instruction	93252
in municipal, state, and federal civil rights law, new case law on	93253
housing discrimination, desegregation issues, and methods of	93254
eliminating the effects of prior discrimination shall be taught by	93255
a staff member of the Ohio civil rights commission who is	93256
knowledgeable with respect to those subjects. The requirements of	93257
this division do not apply to an applicant who is admitted to	93258
practice before the supreme court.	93259

(c) Twenty hours of classroom instruction in real estate	93260
appraisal;	93261

(d) Twenty hours of classroom instruction in real estate	93262
finance.	93263

(G) NoAny person who has not been licensed as a real estate	93264
salesperson or broker within a four-year period immediately	93265
preceding the person's current application for the salesperson's	93266
examination shall have successfully completed the prelicensure	93267
classroom instruction required by division (F)(6) of this section	93268
within a ten-year period immediately preceding the person's	93269
current application for the salesperson's examination.	93270

(H) Not earlier than the date of issue of a real estate	93271
salesperson's license to a licensee, but not later than twelve	93272
months after the date of issue of a real estate salesperson	93273
license to a licensee, the licensee shall submit proof	93274
satisfactory to the superintendent, on forms made available by the	93275
superintendent, of the completion~~, at an institution of higher~~	93276
~~education or any other institution~~of ten hours of classroom	93277
instruction that shall be completed in schools, seminars, and	93278
educational institutions approved by the commission~~, of ten hours~~	93279
~~of classroom instruction in real estate courses that cover current~~	93280
~~issues regarding consumers, real estate practice, ethics, and real~~	93281
~~estate law~~. Approval of the curriculum and providers shall be	93282
granted according to rules adopted pursuant to section 4735.10 of	93283
the Revised Code.	93284

If proof of completion of the required instruction is not	93285
submitted within twelve months of the date a license is issued	93286
under this section, the licensee's license is suspended	93287
automatically without the taking of any action by the	93288
superintendent. The superintendent immediately shall notify the	93289
broker with whom such salesperson is associated of the suspension	93290
of the salesperson's license. A salesperson whose license has been	93291
suspended under this division shall have twelve months after the	93292
date of the suspension of the salesperson's license to submit	93293
proof of successful completion of the instruction required under	93294
this division. No such license shall be reactivated by the	93295
superintendent until it is established, to the satisfaction of the	93296
superintendent, that the requirements of this division have been	93297
met and that the licensee is in compliance with this chapter. A	93298
licensee's license is revoked automatically without the taking of	93299
any action by the superintendent when the licensee fails to submit	93300
the required proof of completion of the education requirements	93301
under division ~~(G)~~(H) of this section within twelve months of the	93302
date the license is suspended.	93303

~~(H)~~(I) Examinations shall be administered with reasonable	93304
accommodations in accordance with the requirements of the	93305
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	93306
U.S.C. ~~12101~~12189. The contents of an examination shall be	93307
consistent with the classroom instructional requirements of	93308
division (F)(6) ~~or (7)~~ of this section. An applicant who has	93309
completed the classroom instructional requirements of division	93310
(F)(6) ~~or (7)~~ of this section at the time of application shall be	93311
examined no later than twelve months after the applicant is	93312
notified of the applicant's admission to the examination.	93313

Sec. 4735.10. (A)(1) The Ohio real estate commission may	93314
adopt reasonable rules in accordance with Chapter 119. of the	93315
Revised Code, necessary for implementing the provisions of this	93316
chapter relating, but not limited to, the following:	93317

(a) The form and manner of filing applications for ~~license~~	93318
licensure;	93319

(b) Times and form of examination for license;

93320

(c) Placing an existing broker's license on deposit or a	93321
salesperson's license on an inactive status for an indefinite	93322
period;	93323

(d) Specifying the process by which a licensee may place the	93324
licensee's license on voluntary hold or resigned status;	93325

(e) Defining any additional license status that the	93326
commission determines is necessary and that is not otherwise	93327
defined in this chapter and establishing the process by which a	93328
licensee places the licensee's license in a status defined by the	93329
commission in the rules the commission adopts;	93330

(f) Clarification of the activities that require a license	93331
under this chapter.	93332

(2) The commission shall adopt reasonable rules in accordance	93333
with Chapter 119. of the Revised Code, for implementing the	93334
provisions of this chapter relating to the following:	93335

(a) The issuance, renewal, suspension, and revocation of	93336
licenses, other sanctions that may be imposed for violations of	93337
this chapter, the conduct of hearings related to these actions,	93338
and the process of reactivating a license;	93339

(b) ~~By not later than January 1, 2004, a~~A three-year license	93340
and a three-year license renewal system;	93341

(c) Standards for the approval of the ten hour postlicensure	93342
courses as required by division (H) of section 4735.07 and	93343
division (H) of section 4735.09 of the Revised Code, courses of	93344
study required for licenses, orcourses offered in preparation for	93345
license examinations, or courses required as continuing education	93346
for licenses.	93347

(d) Guidelines to ensure that continuing education classes	93348
are open to all persons licensed under this chapter. The rules	93349
shall specify that an organization that sponsors a continuing	93350
education class may offer its members a reasonable reduction in	93351
the fees charged for the class.	93352

(e) Requirements for trust accounts and property management	93353
accounts. The rules shall specify that:	93354

(i) Brokerages engaged in the management of property for	93355
another may, pursuant to a written contract with the property	93356
owner, exercise signatory authority for withdrawals from property	93357
management accounts maintained in the name of the property owner.	93358
The exercise of authority for withdrawals does not constitute a	93359
violation of any provision of division (A) of section 4735.18 of	93360
the Revised Code.	93361

(ii) The interest earned on property management trust	93362
accounts maintained in the name of the property owner or the	93363
broker shall be payable to the property owner unless otherwise	93364
specified in a written contract.	93365

(f) Notice of renewal forms and filing deadlines;

93366

(g) Special assessments under division (A) of section 4735.12	93367
of the Revised Code.	93368

(B) The commission may adopt rules in accordance with Chapter	93369
119. of the Revised Code establishing standards and guidelines	93370
with which the superintendent of real estate shall comply in the	93371
exercise of the following powers:	93372

(1) Appointment and recommendation of ancillary trustees	93373
under section 4735.05 of the Revised Code;	93374

(2) Rejection of names proposed to be used by partnerships,	93375
associations, limited liability companies, limited liability	93376
partnerships, and corporations, under division (A) of section	93377
4735.06 of the Revised Code;	93378

(3) Acceptance and rejection of applications to take the	93379
broker and salesperson examinations and licensure, with	93380
appropriate waivers pursuant to division (E) of section 4735.07	93381
and section 4735.09 of the Revised Code;	93382

(4) Approval of applications of brokers to place their	93383
licenses ~~on deposit~~in an inactive status and to become	93384
salespersons under section 4735.13 of the Revised Code;	93385

(5) Appointment of hearing examiners under section 119.09 of	93386
the Revised Code;	93387

(6) Acceptance and rejection of applications to take the	93388
foreign real estate dealer and salesperson examinations and	93389
licensure, with waiver of examination, under sections 4735.27 and	93390
4735.28 of the Revised Code;	93391

(7) Qualification of foreign real estate under section	93392
4735.25 of the Revised Code.	93393

If at any time there is no rule in effect establishing a	93394
guideline or standard required by this division, the	93395
superintendent may adopt a rule in accordance with Chapter 119. of	93396
the Revised Code for such purpose.	93397

(C) The commission or superintendent may hear testimony in	93398
matters relating to the duties imposed upon them, and the	93399
president of the commission and superintendent may administer	93400
oaths. The commission or superintendent may require other proof of	93401
the honesty, truthfulness, and good reputation of any person named	93402
in an application for a real estate broker's or real estate	93403
salesperson's license before admitting the applicant to the	93404
examination or issuing a license.	93405

Sec. 4735.13. (A) Every real estate broker licensed under	93406
this chapter shall have and maintain a definite place of business	93407
in this state. A post office box address is not a definite place	93408
of business for purposes of this section. The license of a real	93409
estate broker shall be prominently displayed in the office or	93410
place of business of the broker, and no license shall authorize	93411
the licensee to do business except from the location specified in	93412
it. If the broker maintains more than one place of business within	93413
the state, the broker shall apply for and procure a duplicate	93414
license for each branch office maintained by the broker. Each	93415
branch office shall be in the charge of a licensed broker or	93416
salesperson. The branch office license shall be prominently	93417
displayed at the branch office location.	93418

(B) The license of each real estate salesperson shall be	93419
mailed to and remain in the possession of the licensed broker with	93420
whom the salesperson is or is to be associated until the licensee	93421
places the license on inactive, voluntary hold, or resigned status	93422
or until the salesperson leaves the brokerage or is terminated.	93423
The broker shall keep each salesperson's license in a way that it	93424
can, and shall on request, be made immediately available for	93425
public inspection at the office or place of business of the	93426
broker. Except as provided in divisions (G) and (H) of this	93427
section, immediately upon the salesperson's leaving the	93428
association or termination of the association of a real estate	93429
salesperson with the broker, the broker shall return the	93430
salesperson's license to the superintendent of real estate.	93431

The failure of a broker to return the license of a real	93432
estate salesperson or broker who leaves or who is terminated, via	93433
certified mail return receipt requested, within three business	93434
days of the receipt of a written request from the superintendent	93435
for the return of the license, is prima-facie evidence of	93436
misconduct under division (A)(6) of section 4735.18 of the Revised	93437
Code.	93438

(C) Any licensee ~~who~~shall notify the superintendent in	93439
writing within fifteen days of any of the following occurrences:	93440

(1) The licensee is convicted of a felony or.

93441

(2) The licensee is convicted of a crime involving moral	93442
turpitude ~~or of violating~~.	93443

(3) The licensee is found to have violated any federal,	93444
state, or municipal civil rights law pertaining to discrimination	93445
in housing~~, or any court that issues a finding of an unlawful~~.	93446

(4) The licensee is found to have engaged in a discriminatory	93447
practice pertaining to housing accommodations described in	93448
division (H) of section 4112.02 of the Revised Code ~~or that~~	93449
~~convicts a~~.	93450

(5) The licensee ~~of a violation of~~is found to have violated	93451
any municipal civil rights law pertaining to housing	93452
discrimination~~, shall notify the superintendent of the conviction~~	93453
~~or finding within fifteen days. If~~.	93454

(6) The licensee is the subject of an order by the department	93455
of commerce, the department of insurance, or the department of	93456
agriculture revoking or permanently surrendering any professional	93457
license, certificate, or registration.	93458

(7) The licensee is the subject of an order by any government	93459
agency concerning real estate, financial matters, or the	93460
performance of fiduciary duties with respect to any license,	93461
certificate, or registration.	93462

If a licensee fails to notify the superintendent within the	93463
required time, the superintendent immediately may ~~revoke~~suspend	93464
the license of the licensee.	93465

Any court that convicts a licensee of a violation of any	93466
municipal civil rights law pertaining to housing discrimination	93467
also shall notify the Ohio civil rights commission within fifteen	93468
days of the conviction.	93469

(D) In case of any change of business location, a broker	93470
shall give notice ~~in writing~~ to the superintendent, on a form	93471
prescribed by the superintendent, within thirty days after the	93472
change of location, whereupon the superintendent shall issue new	93473
licenses for the unexpired period without charge. If a broker	93474
changes a business location without giving the required notice and	93475
without receiving new licenses that action is prima-facie evidence	93476
of misconduct under division (A)(6) of section 4735.18 of the	93477
Revised Code.	93478

(E) If a real estate broker desires to associate with another	93479
real estate broker in the capacity of a real estate salesperson,	93480
the broker shall apply to the superintendent to deposit the	93481
broker's real estate broker's license with the superintendent and	93482
for the issuance of a real estate salesperson's license. The	93483
application shall be made on a form prescribed by the	93484
superintendent and shall be accompanied by the recommendation of	93485
the real estate broker with whom the applicant intends to become	93486
associated and a fee of twenty-five dollars for the real estate	93487
salesperson's license. One dollar of the fee shall be credited to	93488
the real estate education and research fund. If the superintendent	93489
is satisfied that the applicant is honest, truthful, and of good	93490
reputation, has not been convicted of a felony or a crime	93491
involving moral turpitude, and has not been finally adjudged by a	93492
court to have violated any municipal, state, or federal civil	93493
rights laws relevant to the protection of purchasers or sellers of	93494
real estate, and that the association of the real estate broker	93495
and the applicant will be in the public interest, the	93496
superintendent shall grant the application and issue a real estate	93497
salesperson's license to the applicant. Any license so deposited	93498
with the superintendent shall be subject to this chapter. A broker	93499
who intends to deposit the broker's license with the	93500
superintendent, as provided in this section, shall give written	93501
notice of this fact in a format prescribed by the superintendent	93502
to all salespersons associated with the broker when applying to	93503
place the broker's license on deposit.	93504

(F) If a real estate broker desires to become a member or	93505
officer of a partnership, association, limited liability company,	93506
limited liability partnership, or corporation that is or intends	93507
to become a licensed real estate broker, the broker shall notify	93508
the superintendent of the broker's intentions. The notice of	93509
intention shall be on a form prescribed by the superintendent and	93510
shall be accompanied by a fee of twenty-five dollars. One dollar	93511
of the fee shall be credited to the real estate education and	93512
research fund.	93513

NoA licensed real estate broker who is a member or officer	93514
of a partnership, association, limited liability company, limited	93515
liability partnership, or corporation ~~that is a licensed real~~	93516
~~estate broker~~ shall ~~perform any acts~~only act as a real estate	93517
broker ~~other than as the agent of the~~for such partnership,	93518
association, limited liability company, limited liability	93519
partnership, or corporation~~, and such broker shall not have any~~	93520
~~real estate salespersons associated with the broker~~.	93521

(G) If a real estate broker or salesperson enters the armed	93522
forces, the broker or salesperson may place the broker's or	93523
salesperson's license on deposit with the Ohio real estate	93524
commission. The licensee shall not be required to renew the	93525
license until the renewal date that follows the date of discharge	93526
from the armed forces. Any license deposited with the commission	93527
shall be subject to this chapter. Any licensee whose license is on	93528
deposit under this division and who fails to meet the continuing	93529
education requirements of section 4735.141 of the Revised Code	93530
because the licensee is in the armed forces shall satisfy the	93531
commission that the licensee has complied with the continuing	93532
education requirements within twelve months of the licensee's	93533
first birthday after discharge. The ~~commission~~superintendent	93534
shall notify the licensee of the licensee's obligations under	93535
section 4735.141 of the Revised Code at the time the licensee	93536
applies for reactivation of the licensee's license.	93537

(H) If a licensed real estate salesperson submits an	93538
application to the superintendent to leave the association of one	93539
broker to associate with a different broker, the broker possessing	93540
the licensee's license need not return the salesperson's license	93541
to the superintendent. The superintendent may process the	93542
application regardless of whether the licensee's license is	93543
returned to the superintendent.	93544

Sec. 4735.14. (A) Each license issued under this chapter,	93545
shall be valid without further recommendation or examination until	93546
it is placed in an inactive, voluntary hold, or resigned status,	93547
is revoked or suspended, or such license expires by operation of	93548
law.	93549

(B) Except for a licensee who has placed the licensee's	93550
license on voluntary hold or resigned status pursuant to section	93551
4735.142 of the Revised Code, each licensed broker, brokerage, or	93552
salesperson shall file, on or before the date the Ohio real estate	93553
commission has adopted by rule for that licensee in accordance	93554
with division (A)(2)(f) of section 4735.10 of the Revised Code, a	93555
notice of renewal on a form prescribed by the superintendent of	93556
real estate. The notice of renewal shall be mailed by the	93557
superintendent two months prior to the filing deadline to the ~~most~~	93558
~~current~~ personal residence address of each broker or salesperson	93559
~~as filed with the superintendent by the licensee and the place of~~	93560
~~business address of the brokerage~~that is on file with the	93561
division. If the licensee is a partnership, association, limited	93562
liability company, limited liability partnership, or corporation,	93563
the notice of renewal shall be mailed by the superintendent two	93564
months prior to the filing deadline to the brokerage's business	93565
address on file with the division. A licensee shall not renew the	93566
licensee's license any earlier than two months prior to the	93567
filing deadline.	93568

(C) Except as otherwise provided in division (B) of this	93569
section, the license of any real estate broker, brokerage, or	93570
salesperson that fails to file a notice of renewal on or before	93571
the filing deadline of each ensuing year shall be suspended	93572
automatically without the taking of any action by the	93573
superintendent. A suspended license may be reactivated within	93574
twelve months of the date of suspension, provided that the renewal	93575
fee plus a penalty fee of fifty per cent of the renewal fee is	93576
paid to the superintendent. Failure to reactivate the license as	93577
provided in this division shall result in automatic revocation of	93578
the license without the taking of any action by the	93579
superintendent. No person, partnership, association, corporation,	93580
limited liability company, or limited partnership shall engage in	93581
any act or acts for which a real estate license is required while	93582
that entity's license is placed in an inactive, voluntary hold, or	93583
resigned status, or is suspended, or revoked. The commission shall	93584
adopt rules in accordance with Chapter 119. of the Revised Code to	93585
provide to licensees notice of suspension or revocation or both.	93586

(D) Each licensee shall notify the commission of a change in	93587
personal residence address. A licensee's failure to notify the	93588
commission of a change in personal residence address does not	93589
negate the requirement to file the license renewal by the required	93590
deadline established by the commission by rule under division	93591
(A)(2)(f) of section 4735.10 of the Revised Code.	93592

(E) The superintendent shall not renew a license if the	93593
licensee fails to comply with section 4735.141 of the Revised Code	93594
or is otherwise not in compliance with this chapter.	93595

(F) The superintendent shall make notice of successful	93596
renewal available electronically to licensees as soon as	93597
practicable, but not later than thirty days after receipt by the	93598
division of a complete application and renewal fee. This notice	93599
shall serve as a notice of renewal for purposes of section 4745.02	93600
of the Revised Code.	93601

Sec. 4735.141. (A) Except as otherwise provided in this	93602
division and except for a licensee who has placed the licensee's	93603
license on voluntary hold or resigned status pursuant to section	93604
4735.142 of the Revised Code, each person licensed under section	93605
4735.07 or 4735.09 of the Revised Code shall submit proof	93606
satisfactory to the superintendent of real estate that the	93607
licensee has satisfactorily completed thirty hours of continuing	93608
education, as prescribed by the Ohio real estate commission	93609
pursuant to section 4735.10 of the Revised Code, on or before the	93610
licensee's birthday occurring three years after the licensee's	93611
date of initial licensure, and on or before the licensee's	93612
birthday every three years thereafter.	93613

Persons licensed as real estate salespersons who subsequently	93614
become licensed real estate brokers shall continue to submit proof	93615
of continuing education in accordance with the time period	93616
established in this section.	93617

The requirements of this section shall not apply to any	93618
~~physically handicapped~~disabled licensee as provided in division	93619
(E) of this section.	93620

Each licensee who is seventy years of age or older, within a	93621
continuing education reporting period, shall submit proof	93622
satisfactory to the superintendent of real estate that the	93623
licensee has satisfactorily completed a total of nine classroom	93624
hours of continuing education, including instruction in Ohio real	93625
estate law; recently enacted state and federal laws affecting the	93626
real estate industry; municipal, state, and federal civil rights	93627
law; and canons of ethics for the real estate industry as adopted	93628
by the commission. The required proof of completion shall be	93629
submitted on or before the licensee's birthday that falls in the	93630
third year of that continuing education reporting period. A	93631
licensee who is seventy years of age or older whose license is in	93632
an inactive status is exempt from the continuing education	93633
requirements specified in this section. The commission shall adopt	93634
reasonable rules in accordance with Chapter 119. of the Revised	93635
Code to carry out the purposes of this paragraph.	93636

(B) The continuing education requirements of this section	93637
shall be completed in schools, seminars, and educational	93638
institutions approved by the commission. Such approval shall be	93639
given according to rules established by the commission under the	93640
procedures of Chapter 119. of the Revised Code, and shall not be	93641
limited to institutions providing two-year or four-year degrees.	93642
Each school, seminar, or educational institution approved under	93643
this division shall be open to all licensees on an equal basis.	93644

(C) If the requirements of this section are not met by a	93645
licensee within the period specified, the licensee's license shall	93646
be suspended automatically without the taking of any action by the	93647
superintendent. The superintendent shall notify the licensee of	93648
the license suspension, and such notification shall be sent by	93649
regular mail to the personal residence address of the licensee	93650
that is on file with the division. Any license so suspended shall	93651
remain suspended until it is reactivated by the superintendent. No	93652
such license shall be reactivated until it is established, to the	93653
satisfaction of the superintendent, that the requirements of this	93654
section have been met. If the requirements of this section are not	93655
met within twelve months from the date the license was suspended,	93656
the license shall be revoked automatically without the taking of	93657
any action by the superintendent.	93658

(D) If the license of a real estate broker is suspended	93659
pursuant to division (C) of this section, the license of a real	93660
estate salesperson associated with that broker correspondingly is	93661
suspended pursuant to division (H) of section 4735.20 of the	93662
Revised Code. ~~However, the~~A sole broker shall notify affiliated	93663
salespersons of the suspension in writing within three days of	93664
receiving the notice required by division (C) of this section.	93665

(1) The suspended license of the associated real estate	93666
salesperson shall be reactivated and no fee shall be charged or	93667
collected for that reactivation if ~~all of the following occur:~~	93668

~~(1) That~~that broker subsequently submits proof to the	93669
superintendent that the broker has complied with the requirements	93670
of this section and requests that the broker's license as a real	93671
estate broker be reactivated.	93672

~~(2) The~~, and the superintendent then reactivates the broker's	93673
license as a real estate broker.	93674

~~(3) The associated real estate salesperson intends to~~	93675
~~continue to be associated with that broker, has complied with the~~	93676
~~requirements of this section, and otherwise is in compliance with~~	93677
~~this chapter.~~	93678

(2) If the real estate salesperson submits an application to	93679
leave the association of the suspended broker in order to	93680
associate with a different broker, the suspended license of the	93681
associated real estate salesperson shall be reactivated and no fee	93682
shall be charged or collected for that reactivation. The	93683
superintendent may process the application regardless of whether	93684
the licensee's license is returned to the superintendent.	93685

Any person whose license is reactivated pursuant to this	93686
division shall ~~submit proof satisfactory to the superintendent~~	93687
~~that the person has completed thirty hours of continuing~~	93688
~~education, as prescribed by the Ohio real estate commission, on or~~	93689
~~before the third year following the licensee's birthday occurring~~	93690
~~immediately after reactivation~~comply with the requirements of	93691
this section and otherwise be in compliance with this chapter.	93692

(E) Any licensee who is a ~~physically handicapped~~disabled	93693
licensee at any time during the last three months of the third	93694
year of the licensee's continuing education reporting period may	93695
receive an extension of time as deemed appropriate by the	93696
superintendent to submit proof to the superintendent that the	93697
licensee has satisfactorily completed the required thirty hours of	93698
continuing education. To receive an extension of time, the	93699
licensee shall submit a request to the division of real estate for	93700
the extension and proof satisfactory to the commission that the	93701
licensee was a ~~physically handicapped~~disabled licensee at some	93702
time during the last three months of the three-year reporting	93703
period. The proof shall include, but is not limited to, a signed	93704
statement by the licensee's attending physician describing the	93705
~~physical~~ disability, certifying that the licensee's disability is	93706
of such a nature as to prevent the licensee from attending any	93707
instruction lasting at least three hours in duration, and stating	93708
the expected duration of the ~~physical~~ disability. The licensee	93709
shall request the extension and provide the physician's statement	93710
to the division no later than one month prior to the end of the	93711
licensee's three-year continuing education reporting period,	93712
unless the ~~physical~~ disability did not arise until the last month	93713
of the three-year reporting period, in which event the licensee	93714
shall request the extension and provide the physician's statement	93715
as soon as practical after the occurrence of the ~~physical~~	93716
disability. A licensee granted an extension pursuant to this	93717
division who is no longer a ~~physically handicapped~~disabled	93718
licensee and who submits proof of completion of the continuing	93719
education during the extension period, shall submit, for future	93720
continuing education reporting periods, proof of completion of the	93721
continuing education requirements according to the schedule	93722
established in division (A) of this section.	93723

(F) The superintendent shall not renew a license if the	93724
licensee fails to comply with this section, and the licensee shall	93725
be required to pay the penalty fee provided in section 4735.14 of	93726
the Revised Code.	93727

(G) A licensee shall submit proof of completion of the	93728
required continuing education with the licensee's notice of	93729
renewal. The proof shall be submitted in the manner provided by	93730
the superintendent.	93731

Sec. 4735.142. (A) Any person licensed under section 4735.07	93732
or 4735.09 of the Revised Code, at any time prior to the date the	93733
licensee is required to file a notice of renewal pursuant to	93734
division (B) of section 4735.14 of the Revised Code may apply to	93735
the superintendent of real estate and professional licensing to	93736
place the licensee's license on voluntary hold or a resigned	93737
status.	93738

(B) If the superintendent has placed a license on voluntary	93739
hold pursuant to a request made under division (A) of this	93740
section, the licensee who requested that the licensee's license be	93741
placed on voluntary hold may apply to the superintendent to	93742
reactivate that license within twelve months after the date the	93743
license is placed on voluntary hold. The superintendent shall	93744
reactivate that license if the licensee complies with the	93745
requirements for such reactivation that are specified in rules	93746
adopted by the Ohio real estate commission pursuant to division	93747
(A) of section 4735.10 of the Revised Code and satisfies all of	93748
the following requirements:	93749

(1) The licensee complies with the postlicensure education	93750
requirements specified in section 4735.07 or 4735.09 of the	93751
Revised Code, as applicable;	93752

(2) The licensee complies with the continuing education	93753
requirements specified in section 4735.141 of the Revised Code;	93754

(3) The licensee renews the licensee's license in accordance	93755
with section 4735.14 of the Revised Code and, if applicable, pays	93756
the annual brokerage assessment fee in accordance with the	93757
requirements specified in rules adopted by the commission.	93758

(C) If a licensee does not apply to reactivate a license on	93759
voluntary hold pursuant to division (B) of this section during the	93760
twelve-month time period specified in that division or does not	93761
satisfy the requirements specified in that division during that	93762
twelve-month period, the superintendent shall consider that	93763
license to be in a resigned status. The superintendent shall not	93764
reactivate a resigned license. The resignation of a license is	93765
considered to be final without the taking of any action by the	93766
superintendent. If a person whose license is in a resigned status	93767
pursuant to this division wishes to obtain an active license, the	93768
person shall apply for an active license in accordance with the	93769
requirements specified in section 4735.07 or 4735.09 of the	93770
Revised Code, as applicable.	93771

(D) A licensee, at any time during which a license has been	93772
suspended pursuant to division (G) of section 4735.07, division	93773
~~(G)~~(H) of section 4735.09, division (E) of section 4735.12,	93774
division (C) of section 4735.14, division (C) of section 4735.141,	93775
or section 4735.182 of the Revised Code, may apply to the	93776
superintendent on a form prescribed by the superintendent to	93777
voluntarily resign the licensee's license. The resignation of a	93778
license is considered to be final without the taking of any action	93779
by the superintendent. If a person whose license is in a resigned	93780
status pursuant to a request made under this division wishes to	93781
obtain an active or inactive license, the person shall apply for	93782
such a license in accordance with the requirements specified in	93783
section 4735.07 or 4735.09 of the Revised Code, as applicable, or	93784
in the rules adopted by the commission pursuant to division (A) of	93785
section 4735.10 of the Revised Code.	93786

(E) If placing a broker's license on voluntary hold or a	93787
resigned status will result in the closure of the broker's	93788
brokerage, the broker, within three days after applying to the	93789
superintendent to place the license on voluntary hold or a	93790
resigned status, shall provide to each salesperson associated with	93791
that broker a written notice stating that fact.	93792

(F) This section does not apply to any licensee whose license	93793
has been suspended pursuant to division (F) of section 4735.181 of	93794
the Revised Code or due to disciplinary action ordered by the	93795
commission pursuant to section 4735.051 of the Revised Code.	93796

Sec. 4735.15. (A) The nonrefundable fees for reactivation or	93797
transfer of a license shall be as follows:	93798

(1) Reactivation or transfer of a broker's license into or	93799
out of a partnership, association, limited liability company,	93800
limited liability partnership, or corporation or from one	93801
partnership, association, limited liability company, limited	93802
liability partnership, or corporation to another partnership,	93803
association, limited liability company, limited liability	93804
partnership, or corporation, twenty-five dollars. An application	93805
for such transfer shall be made to the superintendent of real	93806
estate on forms provided by the superintendent.	93807

(2) Reactivation or transfer of a license by a real estate	93808
salesperson, twenty-five dollars.	93809

(B) Except as may otherwise be specified pursuant to division	93810
(F) of this section, the nonrefundable fees for a branch office	93811
license, license renewal, late filing, and foreign real estate	93812
dealer and salesperson license are as follows per year for each	93813
year of a licensing period:	93814

(1) Branch office license, fifteen dollars;

93815

(2) Renewal of a real estate broker's license, sixty dollars.	93816
If the licensee is a partnership, association, limited liability	93817
company, limited liability partnership, or corporation, the full	93818
broker's renewal fee shall be required for each member of such	93819
partnership, association, limited liability company, limited	93820
liability partnership, or corporation that is a real estate	93821
broker. If the real estate broker has not less than eleven nor	93822
more than twenty real estate salespersons associated with the	93823
broker, an additional fee of sixty-four dollars shall be assessed	93824
to the brokerage. For every additional ten real estate	93825
salespersons or fraction of that number, the brokerage assessment	93826
fee shall be increased in the amount of thirty-seven dollars.	93827

(3) Renewal of a real estate salesperson's license,	93828
forty-five dollars;	93829

(4) Renewal of a real estate broker's or salesperson's	93830
license filed within twelve months after the licensee's renewal	93831
date, an additional late filing penalty of fifty per cent of the	93832
required fee;	93833

(5) Foreign real estate dealer's license and each renewal of	93834
the license, thirty dollars per salesperson employed by the	93835
dealer, but not less than one hundred fifty dollars;	93836

(6) Foreign real estate salesperson's license and each	93837
renewal of the license, fifty dollars.	93838

(C) All fees collected under this section shall be paid to	93839
the treasurer of state. One dollar of each such fee shall be	93840
credited to the real estate education and research fund, except	93841
that for fees that are assessed only once every three years, three	93842
dollars of each triennial fee shall be credited to the real estate	93843
education and research fund.	93844

(D) In all cases, the fee and any penalty shall accompany the	93845
application for the license, license transfer, or license	93846
reactivation or shall accompany the filing of the renewal.	93847

(E) The commission may establish by rule reasonable fees for	93848
services not otherwise established by this chapter.	93849

(F) The commission may adopt rules that provide for a	93850
reduction in the fees established in divisions (B)(2) and (3) of	93851
this section.	93852

Sec. 4735.16. (A) Every real estate broker licensed under	93853
this chapter ~~shall have and maintain a definite place of business~~	93854
~~in this state and~~ shall erect or maintain a sign on the business	93855
premises plainly stating that the licensee is a real estate	93856
broker. If the real estate broker maintains one or more branch	93857
offices, the real estate broker shall erect or maintain a sign at	93858
each branch office plainly stating that the licensee is a real	93859
estate broker.	93860

(B)(1) Any licensed real estate broker or salesperson who	93861
advertises to buy, sell, exchange, or lease real estate, or to	93862
engage in any act regulated by this chapter, ~~including, but not~~	93863
~~limited to, any licensed real estate broker or salesperson who~~	93864
~~advertises to sell, exchange, or lease real estate that the~~	93865
~~licensee owns~~with respect to property the licensee does not own,	93866
shall be identified in the advertisement by name and ~~by indicating~~	93867
~~that the licensee is a real estate broker or real estate~~	93868
~~salesperson. Except a real estate salesperson who advertises the~~	93869
~~sale, exchange, or lease of real estate that the salesperson owns~~	93870
~~and that is not listed for sale, exchange, or lease with a real~~	93871
~~estate broker, any real estate salesperson who advertises, as~~	93872
~~provided in this section, also shall indicate in the advertisement~~	93873
~~the name of the broker under whom the salesperson is licensed and~~	93874
~~the fact that the salesperson's broker is a real estate broker.~~	93875
~~The name of the broker shall be displayed in equal prominence with~~	93876
~~the name of the salesperson in the advertisement~~indicate the	93877
name of the brokerage with which the licensee is affiliated.	93878

(2) Any licensed real estate broker or sales person who	93879
advertises to sell, exchange, or lease real estate, or to engage	93880
in any act regulated by this chapter, with respect to property	93881
that the licensee owns, shall be identified in the advertisement	93882
by name and indicate that the property is agent owned, and if the	93883
property is listed with a real estate brokerage, the advertisement	93884
shall also indicate the name of the brokerage with which the	93885
property is listed.	93886

(3) The name of the brokerage shall be displayed in equal	93887
prominence with the name of the salesperson in the advertisement.	93888
For purposes of this section, "brokerage" means the name the real	93889
estate company or sole broker is doing business as, or if the real	93890
estate company or sole broker does not use such a name, the name	93891
of the real estate company or sole broker as licensed.	93892

(4) A real estate broker who is representing a seller under	93893
an exclusive right to sell or lease listing agreement shall not	93894
advertise such property to the public as "for sale by owner" or	93895
otherwise mislead the public to believe that the seller is not	93896
represented by a real estate broker.	93897

~~(3)~~(5) If any real estate broker or real estate salesperson	93898
advertises in a manner other than as provided in this section or	93899
the rules adopted under this section, that advertisement is	93900
prima-facie evidence of a violation under division (A)(21) of	93901
section 4735.18 of the Revised Code.	93902

When the superintendent determines that prima-facie evidence	93903
of a violation of division (A)(21) of section 4735.18 of the	93904
Revised Code or any of the rules adopted thereunder exists, the	93905
superintendent may do either of the following:	93906

(a) Initiate disciplinary action under section 4735.051 of	93907
the Revised Code for a violation of division (A)(21) of section	93908
4735.18 of the Revised Code, in accordance with Chapter 119. of	93909
the Revised Code;	93910

(b) Personally, or by certified mail, serve a citation upon	93911
the licensee.	93912

(C)(1) Every citation served under this section shall give	93913
notice to the licensee of the alleged violation or violations	93914
charged and inform the licensee of the opportunity to request a	93915
hearing in accordance with Chapter 119. of the Revised Code. The	93916
citation also shall contain a statement of a fine of two hundred	93917
dollars per violation, not to exceed two thousand five hundred	93918
dollars per citation. All fines collected pursuant to this section	93919
shall be credited to the real estate recovery fund, created in the	93920
state treasury under section 4735.12 of the Revised Code.	93921

(2) If any licensee is cited three times within twelve	93922
consecutive months, the superintendent shall initiate disciplinary	93923
action pursuant to section 4735.051 of the Revised Code for any	93924
subsequent violation that occurs within the same twelve-month	93925
period.	93926

(3) If a licensee fails to request a hearing within thirty	93927
days of the date of service of the citation, or the licensee and	93928
the superintendent fail to reach an alternative agreement, the	93929
citation shall become final.	93930

(4) Unless otherwise indicated, the licensee named in a final	93931
citation must meet all requirements contained in the final	93932
citation within thirty days of the effective date of that	93933
citation.	93934

(5) The superintendent shall suspend automatically a	93935
licensee's license if the licensee fails to comply with division	93936
(C)(4) of this section.	93937

(D) A real estate broker or salesperson obtaining the	93938
signature of a party to a listing or other agreement involved in a	93939
real estate transaction shall furnish a copy of the listing or	93940
other agreement to the party immediately after obtaining the	93941
party's signature. Every broker's office shall prominently display	93942
in the same immediate area as licenses are displayed a statement	93943
that it is illegal to discriminate against any person because of	93944
race, color, religion, sex, familial status as defined in section	93945
4112.01 of the Revised Code, national origin, military status as	93946
defined in that section, disability as defined in that section, or	93947
ancestry in the sale or rental of housing or residential lots, in	93948
advertising the sale or rental of housing, in the financing of	93949
housing, or in the provision of real estate brokerage services and	93950
that blockbusting also is illegal. The statement shall bear the	93951
United States department of housing and urban development equal	93952
housing logo, shall contain the information that the broker and	93953
the broker's salespersons are licensed by the division of real	93954
estate and professional licensing and that the division can assist	93955
with any consumer complaints or inquiries, and shall explain the	93956
provisions of section 4735.12 of the Revised Code. The statement	93957
shall provide the division's address and telephone number. The	93958
Ohio real estate commission shall provide by rule for the wording	93959
and size of the statement. The pamphlet required under section	93960
4735.03 of the Revised Code shall contain the same statement that	93961
is required on the statement displayed as provided in this section	93962
and shall be made available by real estate brokers and	93963
salespersons to their clients. The commission shall provide the	93964
wording and size of the pamphlet.	93965

Sec. 4735.17. Licenses may be issued under sections 4735.01	93966
to 4735.23 of the Revised Code, to nonresidents of this state and	93967
to foreign corporations, subject to the following additional	93968
requirements:	93969

(A) The licensee, if a broker, shall maintain an active place	93970
of business in this state. A post office box is not an active	93971
place of business for purposes of this section.	93972

(B) Every nonresident applicant shall file an irrevocable	93973
consent that suits and actions may be commenced against such	93974
applicant in the proper court of any county of this state in which	93975
a cause of action may arise or in which the plaintiff may reside	93976
by the service of any process or pleading authorized by the laws	93977
of this state on the superintendent of real estate. The consent	93978
shall stipulate that such service shall be taken and held in all	93979
courts as valid and binding as if proper service had been made	93980
upon the applicant in this state. The instrument containing such	93981
consent shall be authenticated by signature or by corporate seal.	93982
All applications of firms or corporations shall be accompanied by	93983
a certified copy of the resolution of the proper officers or	93984
managing board authorizing the proper officer to execute them. A	93985
duplicate copy of any process or pleading served on the	93986
superintendent shall be immediately forwarded by certified mail to	93987
the main office of the licensee against which that process or	93988
pleading is directed.	93989

Sec. 4735.18. (A) Subject to section 4735.32 of the Revised	93990
Code, the superintendent of real estate, upon the superintendent's	93991
own motion, may investigate the conduct of any licensee. Subject	93992
to section 4735.32 of the Revised Code, the Ohio real estate	93993
commission shall~~, pursuant to section 4735.051 of the Revised~~	93994
~~Code,~~ impose disciplinary sanctions upon any licensee who, whether	93995
or not acting in the licensee's capacity as a real estate broker	93996
or salesperson, or in handling the licensee's own property, is	93997
found to have been convicted of a felony or a crime of moral	93998
turpitude, and ~~shall, pursuant to section 4735.051 of the Revised~~	93999
~~Code,~~may impose disciplinary sanctions upon any licensee who, in	94000
the licensee's capacity as a real estate broker or salesperson, or	94001
in handling the licensee's own property, is found guilty of:	94002

(1) Knowingly making any misrepresentation;

94003

(2) Making any false promises with intent to influence,	94004
persuade, or induce;	94005

(3) A continued course of misrepresentation or the making of	94006
false promises through agents, salespersons, advertising, or	94007
otherwise;	94008

(4) Acting for more than one party in a transaction except as	94009
permitted by and in compliance with section 4735.71 of the Revised	94010
Code;	94011

(5) Failure within a reasonable time to account for or to	94012
remit any money coming into the licensee's possession which	94013
belongs to others;	94014

(6) Dishonest or illegal dealing, gross negligence,	94015
incompetency, or misconduct;	94016

(7)(a) By final adjudication by a court, a violation of any	94017
municipal or federal civil rights law relevant to the protection	94018
of purchasers or sellers of real estate or, by final adjudication	94019
by a court, any unlawful discriminatory practice pertaining to the	94020
purchase or sale of real estate prohibited by Chapter 4112. of the	94021
Revised Code, provided that such violation arose out of a	94022
situation wherein parties were engaged in bona fide efforts to	94023
purchase, sell, or lease real estate, in the licensee's practice	94024
as a licensed real estate broker or salesperson;	94025

(b) A second or subsequent violation of any unlawful	94026
discriminatory practice pertaining to the purchase or sale of real	94027
estate prohibited by Chapter 4112. of the Revised Code or any	94028
second or subsequent violation of municipal or federal civil	94029
rights laws relevant to purchasing or selling real estate whether	94030
or not there has been a final adjudication by a court, provided	94031
that such violation arose out of a situation wherein parties were	94032
engaged in bona fide efforts to purchase, sell, or lease real	94033
estate. For any second offense under this division, the commission	94034
shall suspend for a minimum of two months or revoke the license of	94035
the broker or salesperson. For any subsequent offense, the	94036
commission shall revoke the license of the broker or salesperson.	94037

(8) Procuring a license under this chapter, for the licensee	94038
or any salesperson by fraud, misrepresentation, or deceit;	94039

(9) Having violated or failed to comply with any provision of	94040
sections 4735.51 to 4735.74 of the Revised Code or having	94041
willfully disregarded or violated any other provisions of this	94042
chapter;	94043

(10) As a real estate broker, having demanded, without	94044
reasonable cause, other than from a broker licensed under this	94045
chapter, a commission to which the licensee is not entitled, or,	94046
as a real estate salesperson, having demanded, without reasonable	94047
cause, a commission to which the licensee is not entitled;	94048

(11) Except as permitted under section 4735.20 of the Revised	94049
Code, having paid commissions or fees to, or divided commissions	94050
or fees with, anyone not licensed as a real estate broker or	94051
salesperson under this chapter or anyone not operating as an	94052
out-of-state commercial real estate broker or salesperson under	94053
section 4735.022 of the Revised Code;	94054

(12) Having falsely represented membership in any real estate	94055
professional association of which the licensee is not a member;	94056

(13) Having accepted, given, or charged any undisclosed	94057
commission, rebate, or direct profit on expenditures made for a	94058
principal;	94059

(14) Having offered anything of value other than the	94060
consideration recited in the sales contract as an inducement to a	94061
person to enter into a contract for the purchase or sale of real	94062
estate or having offered real estate or the improvements on real	94063
estate as a prize in a lottery or scheme of chance;	94064

(15) Having acted in the dual capacity of real estate broker	94065
and undisclosed principal, or real estate salesperson and	94066
undisclosed principal, in any transaction;	94067

(16) Having guaranteed, authorized, or permitted any person	94068
to guarantee future profits which may result from the resale of	94069
real property;	94070

(17) Having advertised or placed a sign on any property	94071
offering it for sale or for rent without the consent of the owner	94072
or the owner's authorized agent;	94073

(18) Having induced any party to a contract of sale or lease	94074
to break such contract for the purpose of substituting in lieu of	94075
it a new contract with another principal;	94076

(19) Having negotiated the sale, exchange, or lease of any	94077
real property directly with a seller, purchaser, lessor, or tenant	94078
knowing that such seller, purchaser, lessor, or tenant is	94079
represented by another broker under a written exclusive agency	94080
agreement, exclusive right to sell or lease listing agreement, or	94081
exclusive purchaser agency agreement with respect to such property	94082
except as provided for in section 4735.75 of the Revised Code;	94083

(20) Having offered real property for sale or for lease	94084
without the knowledge and consent of the owner or the owner's	94085
authorized agent, or on any terms other than those authorized by	94086
the owner or the owner's authorized agent;	94087

(21) Having published advertising, whether printed, radio,	94088
display, or of any other nature, which was misleading or	94089
inaccurate in any material particular, or in any way having	94090
misrepresented any properties, terms, values, policies, or	94091
services of the business conducted;	94092

(22) Having knowingly withheld from or inserted in any	94093
statement of account or invoice any statement that made it	94094
inaccurate in any material particular;	94095

(23) Having published or circulated unjustified or	94096
unwarranted threats of legal proceedings which tended to or had	94097
the effect of harassing competitors or intimidating their	94098
customers;	94099

(24) Having failed to keep complete and accurate records of	94100
all transactions for a period of three years from the date of the	94101
transaction, such records to include copies of listing forms,	94102
earnest money receipts, offers to purchase and acceptances of	94103
them, records of receipts and disbursements of all funds received	94104
by the licensee as broker and incident to the licensee's	94105
transactions as such, and records required pursuant to divisions	94106
(C)(4) and (5) of section 4735.20 of the Revised Code, and any	94107
other instruments or papers related to the performance of any of	94108
the acts set forth in the definition of a real estate broker;	94109

(25) Failure of a real estate broker or salesperson to	94110
furnish all parties involved in a real estate transaction true	94111
copies of all listings and other agreements to which they are a	94112
party, at the time each party signs them;	94113

(26) Failure to maintain at all times a special or trust bank	94114
account in a depository located in this state. The account shall	94115
be noninterest-bearing, separate and distinct from any personal or	94116
other account of the broker, and, except as provided in division	94117
(A)(27) of this section, shall be used for the deposit and	94118
maintenance of all escrow funds, security deposits, and other	94119
moneys received by the broker in a fiduciary capacity. The name,	94120
account number, if any, and location of the depository wherein	94121
such special or trust account is maintained shall be submitted in	94122
writing to the superintendent. Checks drawn on such special or	94123
trust bank accounts are deemed to meet the conditions imposed by	94124
section 1349.21 of the Revised Code. Funds deposited in the trust	94125
or special account in connection with a purchase agreement shall	94126
be maintained in accordance with section 4735.24 of the Revised	94127
Code.	94128

(27) Failure to maintain at all times a special or trust bank	94129
account in a depository in this state, to be used exclusively for	94130
the deposit and maintenance of all rents, security deposits,	94131
escrow funds, and other moneys received by the broker in a	94132
fiduciary capacity in the course of managing real property. This	94133
account shall be separate and distinct from any other account	94134
maintained by the broker. The name, account number, and location	94135
of the depository shall be submitted in writing to the	94136
superintendent. This account may earn interest, which shall be	94137
paid to the property owners on a pro rata basis.	94138

Division (A)(27) of this section does not apply to brokers	94139
who are not engaged in the management of real property on behalf	94140
of real property owners.	94141

(28) Having failed to put definite expiration dates in all	94142
written agency agreements to which the broker is a party;	94143

(29) Having an unsatisfied final judgment or lien in any	94144
court of record against the licensee arising out of the licensee's	94145
conduct as a licensed broker or salesperson;	94146

(30) Failing to render promptly upon demand a full and	94147
complete statement of the expenditures by the broker or	94148
salesperson of funds advanced by or on behalf of a party to a real	94149
estate transaction to the broker or salesperson for the purpose of	94150
performing duties as a licensee under this chapter in conjunction	94151
with the real estate transaction;	94152

(31) Failure within a reasonable time, after the receipt of	94153
the commission by the broker, to render an accounting to and pay a	94154
real estate salesperson the salesperson's earned share of it;	94155

(32) Performing any service for another constituting the	94156
practice of law, as determined by any court of law;	94157

(33) Having been adjudicated incompetent for the purpose of	94158
holding the license by a court, as provided in section 5122.301 of	94159
the Revised Code. A license revoked or suspended under this	94160
division shall be reactivated upon proof to the commission of the	94161
removal of the disability.	94162

(34) Having authorized or permitted a person to act as an	94163
agent in the capacity of a real estate broker, or a real estate	94164
salesperson, who was not then licensed as a real estate broker or	94165
real estate salesperson under this chapter or who was not then	94166
operating as an out-of-state commercial real estate broker or	94167
salesperson under section 4735.022 of the Revised Code;	94168

(35) Having knowingly inserted or participated in inserting	94169
any materially inaccurate term in a document, including naming a	94170
false consideration;	94171

(36) Having failed to inform the licensee's client of the	94172
existence of an offer or counteroffer or having failed to present	94173
an offer or counteroffer in a timely manner, unless otherwise	94174
instructed by the client, provided the instruction of the client	94175
does not conflict with any state or federal law;	94176

(37) Having failed to comply with section 4735.24 of the	94177
Revised Code.	94178

(B) Whenever the commission, pursuant to section 4735.051 of	94179
the Revised Code, imposes disciplinary sanctions for any violation	94180
of this section, the commission also may impose such sanctions	94181
upon the broker with whom the salesperson is affiliated if the	94182
commission finds that the broker had knowledge of the	94183
salesperson's actions that violated this section.	94184

(C) The commission shall, pursuant to section 4735.051 of the	94185
Revised Code, impose disciplinary sanctions upon any foreign real	94186
estate dealer or salesperson who, in that capacity or in handling	94187
the dealer's or salesperson's own property, is found guilty of any	94188
of the acts or omissions specified or comprehended in division (A)	94189
of this section insofar as the acts or omissions pertain to	94190
foreign real estate. If the commission imposes such sanctions upon	94191
a foreign real estate salesperson for a violation of this section,	94192
the commission also may suspend or revoke the license of the	94193
foreign real estate dealer with whom the salesperson is affiliated	94194
if the commission finds that the dealer had knowledge of the	94195
salesperson's actions that violated this section.	94196

(D) The commission may suspend, in whole or in part, the	94197
imposition of the penalty of suspension of a license under this	94198
section.	94199

~~(E) The commission immediately shall notify the real estate~~	94200
~~appraiser board of any disciplinary action taken under this~~	94201
~~section against a licensee who also is a state-certified real~~	94202
~~estate appraiser under Chapter 4763. of the Revised Code.~~	94203

Sec. 4735.181. (A) No real estate broker or salesperson	94204
licensed pursuant to this chapter shall fail to comply with	94205
divisions (B) or (D) of section 4735.13, division (D) of section	94206
4735.14, or sections 4735.55, 4735.56, and 4735.58 of the Revised	94207
Code or any rules adopted under those divisions or sections.	94208

(B) When the superintendent determines that a licensee has	94209
violated division (A) of this section, the superintendent may do	94210
either of the following:	94211

(1) Initiate disciplinary action under section 4735.051 of	94212
the Revised Code, in accordance with Chapter 119. of the Revised	94213
Code;	94214

(2) Personally, or by certified mail, serve a citation and	94215
impose sanctions in accordance with this section upon the	94216
licensee.	94217

(C) Every citation served under this section shall give	94218
notice to the licensee of the alleged violation or violations	94219
charged and inform the licensee of the opportunity to request a	94220
hearing in accordance with Chapter 119. of the Revised Code. The	94221
citation also shall contain a statement of a fine of up to two	94222
hundred dollars per violation. All fines collected pursuant to	94223
this section shall be credited to the real estate recovery fund,	94224
created in the state treasury under section 4735.12 of the Revised	94225
Code.	94226

(D) If any licensee is cited three times under this section	94227
within twelve consecutive months, the superintendent shall	94228
initiate disciplinary action pursuant to section 4735.051 of the	94229
Revised Code for any subsequent violation that occurs within the	94230
same twelve-month period.	94231

If a licensee fails to request a hearing within thirty days	94232
after the date of service of the citation, or the licensee and the	94233
superintendent fail to reach an alternative agreement, the	94234
citation shall become final.	94235

(E) Unless otherwise indicated, the licensee named in a final	94236
citation under this section must meet all requirements contained	94237
in the final citation within thirty days after the effective date	94238
of that citation.	94239

(F) The superintendent shall suspend automatically a	94240
licensee's license if the licensee fails to comply with division	94241
(E) of this section.	94242

Sec. 4735.182. If a check or other draft instrument used to	94243
pay any fee required under this chapter is returned to the	94244
superintendent ~~for insufficient funds~~unpaid by the financial	94245
institution upon which it is drawn for any reason, the	94246
superintendent shall notify the ~~licensee~~entity or person that the	94247
check or other draft instrument was returned for insufficient	94248
funds ~~and~~.	94249

(A) If the check or draft instrument was submitted by a	94250
licensee, the superintendent shall also notify the licensee that	94251
the licensee's license will be suspended unless the licensee,	94252
within fifteen days after the mailing of the notice, submits the	94253
fee and a one-hundred-dollar fee to the superintendent. If the	94254
licensee does not submit both fees within that time period, or if	94255
any check or other draft instrument used to pay either of those	94256
fees is returned to the superintendent ~~for insufficient funds~~	94257
unpaid by the financial institution upon which it is drawn for any	94258
reason, the license shall be suspended immediately without a	94259
hearing and the licensee shall cease activity as a licensee under	94260
this chapter.	94261

(B) If the check or draft instrument was remitted by a person	94262
or entity applying to qualify foreign real estate or renew a	94263
property registration, the superintendent shall also notify the	94264
applicant that registration will be suspended, unless the	94265
applicant, within fifteen days after the mailing of the notice,	94266
submits the fee and a one-hundred-dollar fee to the	94267
superintendent. If the applicant does not submit both fees within	94268
that time period, or if any check or other draft instrument used	94269
to pay either of the fees is returned to the superintendent unpaid	94270
by the financial institution upon which it is drawn for any	94271
reason, the property registration shall be suspended immediately	94272
without a hearing and the applicant shall cease activity.	94273

(C) If the check or draft instrument was remitted by an	94274
applicant for licensure, that application shall automatically be	94275
rejected or approval withdrawn, unless the applicant, within	94276
fifteen days after the mailing of the notice, submits the fee and	94277
a one-hundred-dollar fee to the superintendent. If the applicant	94278
does not submit both fees within that time period, or if any check	94279
or other draft instrument used to pay either of those fees is	94280
returned to the superintendent unpaid by the financial institution	94281
upon which it is drawn for any reason, the application shall be	94282
denied or approval withdrawn.	94283

(D) If the check or draft instrument was remitted by an	94284
education course provider or course provider applicant, that	94285
application shall automatically be rejected or approval withdrawn,	94286
unless applicant, within fifteen days after the mailing of the	94287
notice, submits the fee and a one-hundred-dollar fee to the	94288
superintendent. If the applicant does not submit both fees within	94289
that time period, or if any check or other draft instrument used	94290
to pay either of those fees is returned to the superintendent	94291
unpaid by the financial institution upon which it is drawn for any	94292
reason, the application shall be denied or approval withdrawn.	94293

Sec. 4735.19. The Ohio real estate commission shall keep a	94294
record of its proceedings and, upon application of an interested	94295
party, or upon its own motion and notice to the interested	94296
parties, may ~~reverse, vacate, or modify~~hold a hearing to consider	94297
reversing, vacating, or modifying its own orders. An application	94298
~~to the commission to reverse, vacate, or modify an order~~ shall be	94299
filed with the division within fifteen days after the mailing of	94300
the notice of the order of the commission to the interested	94301
parties ~~pursuant to section 119.09 of the Revised Code~~. The	94302
commission may adopt rules in accordance with Chapter 119. of the	94303
Revised Code establishing the circumstances in which an interested	94304
party may request reconsideration.	94305

Any applicant~~, licensee,~~ or ~~complainant,~~respondent	94306
dissatisfied with an order of the commission may appeal in	94307
accordance with Chapter 119. of the Revised Code.	94308

Sec. 4735.20. (A) Except as provided in divisions (B), (C),	94309
and (G) of this section, no licensed real estate broker or	94310
licensed foreign real estate dealer shall pay a commission, fee,	94311
or other compensation for performing any of the acts specified in	94312
section 4735.01 of the Revised Code to any person who is not a	94313
licensed real estate broker or a licensed real estate salesperson	94314
or to any person who is not a licensed foreign real estate dealer	94315
or a licensed foreign real estate salesperson.	94316

(B) A licensed real estate broker or licensed foreign real	94317
estate dealer may pay a commission to a licensed real estate	94318
broker or licensed foreign real estate dealer of another state or	94319
country and may receive a commission from a licensed real estate	94320
broker or licensed foreign real estate dealer of another state or	94321
country, but only when done in accordance with rules adopted by	94322
the Ohio real estate commission pursuant to section 4735.10 of the	94323
Revised Code.	94324

(C) A licensed real estate broker may pay all or part of a	94325
fee, commission, or other compensation earned by an affiliated	94326
licensee to a partnership, association, limited liability company,	94327
limited liability partnership, or corporation that is not licensed	94328
as a real estate broker on the condition that all of the following	94329
conditions are satisfied:	94330

(1) At least one of the partners, members, officers, or	94331
shareholders of the unlicensed partnership, association, limited	94332
liability company, limited liability partnership, or corporation	94333
holds a valid and active license issued under this chapter.	94334

(2) At least one of the partners, members, officers, or	94335
shareholders of the unlicensed partnership, association, limited	94336
liability company, limited liability partnership, or corporation	94337
is the affiliated licensee who earned the fee, commission, or	94338
other compensation.	94339

(3) The unlicensed partnership, association, limited	94340
liability company, limited liability partnership, or corporation	94341
does not engage in any of the acts specified in division (A) of	94342
section 4735.01 of the Revised Code.	94343

(4) The broker verifies that the affiliated licensee complies	94344
with divisions (C)(1) and (2) of this section and keeps a record	94345
of this verification for a period of three years after the date of	94346
verification.	94347

(5) The broker keeps a record of all of the following	94348
information for each transaction, for a period of three years	94349
after the date of the transaction:	94350

(a) The name of the affiliated licensee who earned the fee,	94351
commission, or other compensation;	94352

(b) The amount of the fee, commission, or other compensation	94353
that was earned;	94354

(c) The name of the unlicensed partnership, association,	94355
limited liability company, limited liability partnership, or	94356
corporation to which the broker paid the affiliated licensee's	94357
fee, commission, or other compensation.	94358

(D) Compliance with division (C) of this section does not	94359
relieve a broker described in that division of any obligations to	94360
supervise an affiliated licensee, or of any other requirements of	94361
this chapter or rules adopted pursuant to this chapter.	94362

(E) Compliance with division (C) of this section does not	94363
render a broker described in that division or an affiliated	94364
licensee exempt from sections 4735.051, 4735.18, orand 4735.32 of	94365
the Revised Code, or immune from personal liability in a civil	94366
action against the broker or affiliated licensee for a violation	94367
of this chapter.	94368

(F) No broker shall pay a fee, commission, or other	94369
compensation that is due to an affiliated licensee to a	94370
third-party creditor of the affiliated licensee.	94371

(G) Any owner of any interest in foreign real estate may	94372
refer a prospective buyer to the person who sold the owner that	94373
foreign real estate with the expectation of receiving valuable	94374
consideration, if all of the following conditions are satisfied:	94375

(1) The person who sold the owner that foreign real estate is	94376
selling qualified foreign real estate pursuant to section 4735.25	94377
of the Revised Code.	94378

(2) Any fee, commission, or other valuable consideration	94379
promised or collected during any period consisting of twelve	94380
consecutive months does not exceed one thousand dollars.	94381

(3) The owner does not engage in referring prospective buyers	94382
of foreign real estate pursuant to this section in the ordinary	94383
course of business or as a regular business practice.	94384

(4) The owner does not show the foreign real estate, discuss	94385
terms or conditions of purchasing the foreign real estate, or	94386
otherwise participate in negotiations with regard to the offering	94387
or sale of the foreign real estate.	94388

(5) If a foreign real estate transaction is consummated with	94389
a buyer who was referred by the owner to the person who sold the	94390
owner that foreign real estate, the occurrence of the referral	94391
shall be disclosed by the person who sold the owner that foreign	94392
real estate.	94393

(H) The suspension or revocation of a real estate broker's or	94394
foreign real estate dealer's license automatically shall suspend	94395
every real estate salesperson's or foreign real estate	94396
salesperson's license granted to any person by virtue of	94397
association with the broker or dealer whose license has been	94398
suspended or revoked, pending a change of broker or dealer and the	94399
issuance of a new license. Such new license shall be issued	94400
without charges, if granted during the same year in which the	94401
original license was granted.	94402

(I) A violation of this section is cause for imposing	94403
disciplinary sanctions in accordance with the proceedings	94404
specified in sections 4735.051, 4735.18, and 4735.32 of the	94405
Revised Code.	94406

(J) For purposes of this section, "affiliated licensee" means	94407
a person who holds a valid and active license issued under this	94408
chapter and who is associated with the broker that is paying a	94409
fee, commission, or other compensation at the time that that fee,	94410
commission, or other compensation is earned.	94411

Sec. 4735.21. No right of action shall accrue to any person,	94412
partnership, association, or corporation for the collection of	94413
compensation for the performance of the acts mentioned in section	94414
4735.01 of the Revised Code, without alleging and proving that	94415
such person, partnership, association, or corporation was licensed	94416
as a real estate broker or foreign real estate dealer. Nothing	94417
contained in this section shall prevent a right of action from	94418
accruing after the expiration of a real estate or foreign real	94419
estate license if the act giving rise to the cause of action was	94420
performed by a licensee prior to such expiration.	94421

No real estate ~~salesman~~salesperson or foreign real estate	94422
~~salesman~~salesperson shall collect any money in connection with	94423
any real estate or foreign real estate brokerage transaction,	94424
whether as a commission, deposit, payment, rental, or otherwise,	94425
except in the name of and with the consent of the licensed real	94426
estate broker or licensed foreign real estate dealer under whom he	94427
the salesperson is licensed at the time the sales person earned	94428
the commission. Nor shall any real estate ~~salesman~~salesperson or	94429
foreign real estate ~~salesman~~salesperson commence or maintain any	94430
action for a commission or other compensation in connection with a	94431
real estate or foreign real estate brokerage transaction, against	94432
any person except a person licensed as a real estate broker or	94433
foreign real estate dealer under whom hethe salesperson is	94434
licensed as a ~~salesman~~salesperson at the time the cause of action	94435
arose.	94436

A salesperson licensed under this chapter shall not sell,	94437
assign, or otherwise transfer the salesperson's interest in a	94438
commission or any portion thereof to an unlicensed person or	94439
entity. If a salesperson makes such assignment or transfer, the	94440
broker shall not pay the transferee or assignee any portion of the	94441
commission. No cause of action shall arise on behalf of any person	94442
against a broker for not paying an assignee or transferee any	94443
portion of such an assignment or transfer.	94444

Sec. 4735.211. All fines imposed under section 4735.051 of	94445
the Revised Code, and all fees and charges collected under	94446
sections 4735.06, 4735.09, 4735.13, 4735.15, 4735.25, 4735.27,	94447
4735.28, and 4735.29 of the Revised Code, except such fees as are	94448
paid to the real estate education and research fund and real	94449
estate recovery fund as provided in this chapter, shall be paid	94450
into the state treasury to the credit of the division of real	94451
estate operating fund, which is hereby created. All operating	94452
expenses of the division of real estate shall be paid from the	94453
division of real estate operating fund.	94454

The division of real estate operating fund shall be assessed	94455
a proportionate share of the administrative costs of the	94456
department of commerce in accordance with procedures prescribed by	94457
the director of commerce and approved by the director of budget	94458
and management. Such assessments shall be paid from the division	94459
of real estate operating fund to the division of administration	94460
fund.	94461

If funds in the division of real estate operating fund are	94462
determined by the director of commerce to be in excess of those	94463
necessary to fund all the expenses of the division in any	94464
biennium, ~~he shall~~the director may pay the excess funds to the	94465
real estate education and research fund.	94466

Sec. 4735.32. (A)(1) The Ohio real estate commission or the	94467
superintendent of real estate may commence, at any time within	94468
three years from the date on which an alleged violation of a	94469
provision of this or another chapter of the Revised Code occurred,	94470
any investigation that relates to the conduct of a licensed real	94471
estate broker, real estate salesperson, foreign real estate	94472
dealer, or foreign real estate salesperson, that is authorized	94473
pursuant to section 1349.11, 4735.051, 4735.052, or 4735.18, or	94474
any other section of the Revised Code, and that is for purposes of	94475
determining whether ~~the~~a licensee, unlicensed person, or	94476
unlicensed entity has violated a provision of this or another	94477
chapter of the Revised Code and whether, as a consequence, ~~the~~a	94478
licensee's license should be suspended or revoked, or other	94479
disciplinary action taken, as provided in this or another chapter	94480
of the Revised Code. If such an investigation is not commenced	94481
within the three-year period, it shall be barred, and neither the	94482
commission nor the superintendent shall suspend or revoke the	94483
license of any licensee, or take other disciplinary action against	94484
any licensee, unlicensed person, or unlicensed entity because of	94485
the alleged violation of a provision of this or another chapter of	94486
the Revised Code that could have been the subject of the barred	94487
investigation.	94488

(2) For purposes of division (A)(1) of this section, if an	94489
investigation that is authorized by section 4735.051 of the	94490
Revised Code is involved, it shall be considered to be commenced	94491
as of the date on which a person files athe complaint with the	94492
division of real estate ~~pursuant to division (A) of that section~~.	94493

(B) This section does not affect any criminal or civil	94494
liability that a licensed real estate broker, real estate	94495
salesperson, foreign real estate dealer, or foreign real estate	94496
salesperson, or any unlicensed person, may have under this or	94497
another chapter of the Revised Code or under the common law of	94498
this state.	94499

Sec. 4735.55. (A) Each written agency agreement shall	94500
contain all of the following:	94501

(1) An expiration date;

94502

(2) A statement that it is illegal, pursuant to the Ohio fair	94503
housing law, division (H) of section 4112.02 of the Revised Code,	94504
and the federal fair housing law, 42 U.S.C.A. 3601, as amended, to	94505
refuse to sell, transfer, assign, rent, lease, sublease, or	94506
finance housing accommodations, refuse to negotiate for the sale	94507
or rental of housing accommodations, or otherwise deny or make	94508
unavailable housing accommodations because of race, color,	94509
religion, sex, familial status as defined in section 4112.01 of	94510
the Revised Code, ancestry, military status as defined in that	94511
section, disability as defined in that section, or national origin	94512
or to so discriminate in advertising the sale or rental of	94513
housing, in the financing of housing, or in the provision of real	94514
estate brokerage services;	94515

(3) A statement defining the practice known as "blockbusting"	94516
and stating that it is illegal;	94517

(4) A copy of the United States department of housing and	94518
urban development equal housing opportunity logotype, as set forth	94519
in 24 C.F.R. 109.30, as amended.	94520

(B) Each written agency agreement shall contain a place for	94521
the licensee and the client to sign and date the agreement.	94522

(C) A licensee shall furnish a copy of any written agency	94523
agreement to a client in a timely manner after the licensee and	94524
the client have signed and dated it.	94525

Sec. 4735.58. (A)(1) A licensee who is a purchaser's agent	94526
or a seller's subagent working with a purchaser shall present the	94527
agency disclosure statement described in section 4735.57 of the	94528
Revised Code to the purchaser and request the purchaser to sign	94529
and date the statement no later than the preparation of an offer	94530
to purchase or lease, or a written request for a proposal to	94531
lease. The licensee shall deliver the statement signed by the	94532
purchaser to the seller's agent, or to the seller if the seller is	94533
not represented by an agent. Prior to presenting the seller with	94534
either a written offer to purchase or lease, or a written request	94535
for a proposal to lease, the seller's agent, or the purchaser's	94536
agent if the seller is not represented by an agent, shall present	94537
the agency disclosure statement to the seller and request the	94538
seller to sign and date the statement.	94539

(2) A licensee shall indicate the accurate agency	94540
relationship on the agency disclosure statement.	94541

(B) A licensee selling property at auction shall, prior to	94542
the auction, verbally disclose to the audience that the licensee	94543
represents the seller in the real estate transaction. The licensee	94544
shall provide the agency disclosure statement described in section	94545
4735.57 of the Revised Code to the successful bidder prior to the	94546
bidder's signing a purchase contract.	94547

(C) Evidence that a licensee has failed to comply with this	94548
section constitutes prima-facie evidence of misconduct in	94549
violation of division (A)(6) of section 4735.18 of the Revised	94550
Code.	94551

(D) The disclosure requirements of this section do not apply	94552
in any of the following situations:	94553

(1) The rental or leasing of residential premises as defined	94554
in section 5321.01 of the Revised Code, if the rental or lease	94555
agreement can be performed in eighteen months or less;	94556

(2) The referral of a prospective purchaser or seller to	94557
another licensee;	94558

(3) Transactions involving the sale, lease, or exchange of	94559
foreign real estate as defined in division (E) of section 4735.01	94560
of the Revised Code;	94561

(4) Transactions involving the sale of a cemetery lot or a	94562
cemetery interment right.	94563

(E) The licensee is obligated to perform all duties imposed	94564
on a real estate agent at common law except to the extent the	94565
duties are inconsistent with the duties prescribed in this chapter	94566
or are otherwise modified by agreement.	94567

Sec. 4735.59. To change the party a licensee represents in a	94568
real estate transaction after an agency disclosure statement has	94569
been signed and dated or following verbal disclosure of the agency	94570
relationship, the licensee shall obtain written consent from the	94571
party originally represented to represent another party in the	94572
transaction. The licensee shall promptly notify all persons who	94573
had been notified of the original relationship.	94574

The Ohio real estate commission may adopt rules in accordance	94575
with Chapter 119. of the Revised Code to provide for required	94576
disclosures when a licensee terminates an agency relationship and	94577
becomes a principal in the transaction.	94578

Sec. 4735.62. In representing any client in an agency or	94579
subagency relationship, the licensee shall be a fiduciary of the	94580
client and shall use the licensee's best efforts to further the	94581
interest of the client including, but not limited to, doing all of	94582
the following:	94583

(A) Exercising reasonable skill and care in representing the	94584
client and carrying out the responsibilities of the agency	94585
relationship;	94586

(B) Performing the terms of any written agency agreement;

94587

94588

(D) Performing all duties specified in this chapter in a	94589
manner that is loyal to the interest of the client;	94590

(E) Complying with all requirements of this chapter and other	94591
applicable statutes, rules, and regulations, including the Ohio	94592
fair housing law, division (H) of section 4112.02 of the Revised	94593
Code, and the federal fair housing law, 42 U.S.C.A. 3601, as	94594
amended;	94595

(F) Disclosing to the client any material facts of the	94596
transaction of which the licensee is aware or should be aware in	94597
the exercise of reasonable skill and care and that are not	94598
confidential information pursuant to a current or prior agency or	94599
dual agency relationship;	94600

(G) Advising the client to obtain expert advice related to	94601
material matters when necessary or appropriate;	94602

(H) Accounting in a timely manner for all moneys and property	94603
received in which the client has or may have an interest;	94604

(I) Keeping confidential all confidential information, unless	94605
the licensee is permitted to disclose the information pursuant to	94606
division (B) of section 4735.74 of the Revised Code. This	94607
requirement includes not disclosing confidential information to	94608
any licensee who is not an agent of the client.	94609

Sec. 4735.68. (A) A licensee is not liable to any party for	94610
false information that the licensee's client provided to the	94611
licensee and that the licensee in turn provided to another party	94612
in the real estate transaction, unless the licensee had actual	94613
knowledge that the information was false or acted with reckless	94614
disregard for the truth.	94615

(B) No cause of action shall arise on behalf of any person	94616
against a client for any misrepresentation a licensee made while	94617
representing that client unless the client had actual knowledge of	94618
the licensee's misrepresentation.	94619

(C) Knowledge of or information contained in a brokerage or	94620
an affiliated or past licensee's transaction records of any	94621
current or previous defect, adverse condition, or repair in real	94622
property shall not be imputed to that broker or to other licensees	94623
affiliated with that broker. No cause of action based on imputed	94624
knowledge shall accrue on behalf of any person against a broker or	94625
affiliated licensee for failure to disclose such defects, adverse	94626
condition, or repair.	94627

Sec. 4735.71. (A) No licensee or brokerage shall participate	94628
in a dual agency relationship described in section 4735.70 of the	94629
Revised Code unless both the seller and the purchaser in the	94630
transaction have full knowledge of the dual representation and	94631
consent in writing to the dual representation on the agency	94632
disclosure statement described in section 4735.57 of the Revised	94633
Code. Before a licensee obtains the consent of any party to a dual	94634
agency relationship, the licensee shall disclose to both the	94635
purchaser and the seller all relevant information necessary to	94636
enable each party to make an informed decision as to whether to	94637
consent to the dual agency relationship. If, after consent is	94638
obtained, there is a material change in the information disclosed	94639
to the purchaser and the seller, the licensee shall disclose the	94640
change of information to the purchaser and the seller and give	94641
them an opportunity to revoke their consent.	94642

(B) No brokerage shall participate in a dual agency	94643
relationship described in division (C) of section 4735.70 of the	94644
Revised Code, unless each of the following conditions is met:	94645

(1) The brokerage has established a procedure under section	94646
4735.54 of the Revised Code under which licensees, including	94647
management level licensees, who represent one client will not have	94648
access to and will not obtain confidential information concerning	94649
another client of the brokerage involved in the dual agency	94650
transaction.	94651

(2) Each licensee fulfills the licensee's duties exclusively	94652
to the licensee's client.	94653

(C) No salesperson or broker licensed under this chapter	94654
shall participate in a dual agency relationship in which the	94655
licensee is a party to the transaction, either personally or as an	94656
officer or member of a partnership, association, limited liability	94657
company, limited liability partnership, or corporation that has an	94658
interest in the real property that is the subject of the	94659
transaction or an entity that has an intention of purchasing,	94660
leasing, or exchanging the real property.	94661

Sec. 4735.74. Unless otherwise agreed in writing, a licensee	94662
owes no further duty to a client after performance of all duties	94663
or after any contract has terminated or expired, except for both	94664
of the following:	94665

(A) Providing the client with an accounting of all moneys and	94666
property relating to the transaction;	94667

(B) Keeping confidential all information received during the	94668
course of the transaction unless;:	94669

(1) The client permits disclosure;

94670

(2) Disclosure is required by law or by court order;

94671

(3) The information becomes public from a source other than	94672
the licensee;	94673

(4) The information is necessary to prevent a crime the	94674
client intends to commit;	94675

(5) Disclosure is necessary to defend the brokerage or its	94676
licensees against an accusation of wrongful conduct or to	94677
establish or defend a claim that a commission is owed on a	94678
transaction.	94679

(6) Disclosure is regarding sales information requested by a	94680
registered appraiser assistant or a licensed or certified	94681
appraiser for the purposes of performing an appraisal. No cause of	94682
action shall arise on behalf of any person against a licensee for	94683
releasing information pursuant to this division.	94684

Sec. 4736.12. (A) The state board of sanitarian registration	94685
shall charge the following fees:	94686

(1) To apply as a sanitarian-in-training, eighty dollars;

94687

(2) For sanitarians-in-training to apply for registration as	94688
sanitarians, eighty dollars. The applicant shall pay this fee only	94689
once regardless of the number of times the applicant takes an	94690
examination required under section 4736.08 of the Revised Code.	94691

(3) For persons other than sanitarians-in-training to apply	94692
for registration as sanitarians, including persons meeting the	94693
requirements of section 4736.16 of the Revised Code, one hundred	94694
sixty dollars. The applicant shall pay this fee only once	94695
regardless of the number of times the applicant takes an	94696
examination required under section 4736.08 of the Revised Code.	94697

(4) The renewal fee for registered sanitarians shall be	94698
~~seventy-four~~eighty dollars.	94699

(5) The renewal fee for sanitarians-in-training shall be	94700
~~seventy-four~~eighty dollars.	94701

(6) For late application for renewal, ~~twenty-seven~~an	94702
additional fifty dollars.	94703

The board of sanitarian registration, with the approval of	94704
the controlling board, may establish fees in excess of the amounts	94705
provided in this section, provided that such fees do not exceed	94706
the amounts permitted by this section by more than fifty per cent.	94707

(B) The board of sanitarian registration shall charge	94708
separate fees for examinations as required by section 4736.08 of	94709
the Revised Code, provided that the fees are not in excess of the	94710
actual cost to the board of conducting the examinations.	94711

(C) The board of sanitarian registration may adopt rules	94712
establishing fees for all of the following:	94713

(1) Application for the registration of a training agency	94714
approved under rules adopted by the board pursuant to section	94715
4736.11 of the Revised Code and for the annual registration	94716
renewal of an approved training agency.;	94717

(2) Application for the review of continuing education hours	94718
submitted for the board's approval by approved training agencies	94719
or by registered sanitarians or sanitarians-in-training;	94720

(3) Additional copies of pocket identification cards and wall	94721
certificates.	94722

Sec. 4740.14. (A) There is hereby created within the	94723
department of commerce the residential construction advisory	94724
committee consisting of nine persons the director of commerce	94725
appoints. ~~Of the advisory committee's members, three~~The advisory	94726
committee shall be made up of the following members:	94727

(1) Three shall be general contractors who have recognized	94728
ability and experience in the construction of residential	94729
buildings~~, two~~.	94730

(2) Two shall be building officials who have experience	94731
administering and enforcing a residential building code~~, one~~.	94732

(3) One, chosen from a list of three names the Ohio fire	94733
chief's association submits, shall be from the fire service	94734
certified as a fire safety inspector who has at least ten years of	94735
experience enforcing fire or building codes~~, one~~.	94736

(4) One shall be a residential contractor who has recognized	94737
ability and experience in the remodeling and construction of	94738
residential buildings~~, one~~.	94739

(5) One shall be an architect registered pursuant to Chapter	94740
4703. of the Revised Code, with recognized ability and experience	94741
in the architecture of residential buildings~~, and one~~.	94742

(6) One, chosen from a list of three names the Ohio municipal	94743
league submits to the director, shall be a mayor of a municipal	94744
corporation in which the Ohio residential building code is being	94745
enforced in the municipal corporation by a certified building	94746
department.	94747

(B) ~~The director shall make appointments to the advisory~~	94748
~~committee within ninety days after May 27, 2005.~~	94749

Terms of office shall be for three years, with each term	94750
ending on the date three years after the date of appointment. Each	94751
member shall hold office from the date of appointment until the	94752
end of the term for which the member was appointed. ~~The director~~	94753
~~shall fill a vacancy~~Vacancies shall be filed in the manner	94754
provided for initial appointments. Any member appointed to fill a	94755
vacancy in an unexpired term shall hold office for the remainder	94756
of that term.	94757

94758

(1) Recommend to the board of building standards a building	94759
code for residential buildings. The committee shall recommend a	94760
code that it may model on a residential building code a national	94761
model code organization issues, with adaptations necessary to	94762
implement the code in this state. If the board of building	94763
standards decides not to adopt a code the committee recommends,	94764
the committee shall revise the code and resubmit it until the	94765
board adopts a code the committee recommends as the state	94766
residential building code;	94767

(2) Advise the board regarding the establishment of standards	94768
for certification of building officials who enforce the state	94769
residential building code;	94770

(3) Assist the board in providing information and guidance to	94771
residential contractors and building officials who enforce the	94772
state residential building code;	94773

(4) Advise the board regarding the interpretation of the	94774
state residential building code;	94775

(5) Provide other assistance the committee considers	94776
necessary;	94777

(6) Provide the board with a written report of the	94778
committee's findings for each consideration required by division	94779
(D) of this section.	94780

(D) The committee shall not make its recommendation to the	94781
board pursuant to divisions (C)(1), (2), and (4) of this section	94782
until the advisory committee has considered all of the following:	94783

(1) The impact that the state residential building code may	94784
have upon the health, safety, and welfare of the public;	94785

(2) The economic reasonableness of the residential building	94786
code;	94787

(3) The technical feasibility of the residential building	94788
code;	94789

(4) The financial impact that the residential building code	94790
may have on the public's ability to purchase affordable housing.	94791

(E) The advisory committee may provide the board with any	94792
rule the committee recommends to update or amend the state	94793
residential building code or any rule that the committee	94794
recommends to update or amend the state residential building code	94795
after receiving a petition described in division (A)(2) of section	94796
3781.12 of the Revised Code.	94797

(F) Members of the advisory committee shall receive no salary	94798
for the performance of their duties as members, but shall receive	94799
their actual and necessary expenses incurred in the performance of	94800
their duties as members of the advisory committee and shall	94801
receive a per diem for each day in attendance at an official	94802
meeting of the committee, to be paid from the labor operating fund	94803
in the state treasury, using fees collected in connection with	94804
residential buildings pursuant to division (F)(2) of section	94805
3781.102 of the Revised Code and deposited in that fund.	94806

(G) The advisory committee is not subject to divisions (A)	94807
and (B) of section 101.84 of the Revised Code.	94808

Sec. 4743.05. Except as otherwise provided in sections	94809
4701.20, 4723.062, 4723.082, ~~and~~ 4729.65, 4781.121, and 4781.28 of	94810
the Revised Code, all money collected under Chapters 3773., 4701.,	94811
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732.,	94812
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759.,	94813
4761., 4766., 4771., 4775., 4779., and 4781. of the Revised Code	94814
shall be paid into the state treasury to the credit of the	94815
occupational licensing and regulatory fund, which is hereby	94816
created for use in administering such chapters.	94817

At the end of each quarter, the director of budget and	94818
management shall transfer from the occupational licensing and	94819
regulatory fund to the nurse education assistance fund created in	94820
section 3333.28 of the Revised Code the amount certified to the	94821
director under division (B) of section 4723.08 of the Revised	94822
Code.	94823

At the end of each quarter, the director shall transfer from	94824
the occupational licensing and regulatory fund to the certified	94825
public accountant education assistance fund created in section	94826
4701.26 of the Revised Code the amount certified to the director	94827
under division (H)(2) of section 4701.10 of the Revised Code.	94828

Sec. 4757.31. (A) Subject to division (B) of this section,	94829
the counselor, social worker, and marriage and family therapist	94830
board shall establish, and may from time to time adjust, fees to	94831
be charged for the following:	94832

(1) Examination for licensure as a professional clinical	94833
counselor, professional counselor, marriage and family therapist,	94834
independent marriage and family therapist, social worker, or	94835
independent social worker;	94836

(2) Initial licenses of professional clinical counselors,	94837
professional counselors, marriage and family therapists,	94838
independent marriage and family therapists, social workers, and	94839
independent social workers, except that the board shall charge	94840
only one fee to a person who fulfills all requirements for more	94841
than one of the following initial licenses: an initial license as	94842
a social worker or independent social worker, an initial license	94843
as a professional counselor or professional clinical counselor,	94844
and an initial license as a marriage and family therapist or	94845
independent marriage and family therapist;	94846

(3) Initial certificates of registration of social work	94847
assistants;	94848

(4) Renewal and late renewal of licenses of professional	94849
clinical counselors, professional counselors, marriage and family	94850
therapists, independent marriage and family therapists, social	94851
workers, and independent social workers and renewal and late	94852
renewal of certificates of registration of social work assistants;	94853

(5) Verification, to another jurisdiction, of a license or	94854
registration issued by the board;	94855

(6) Continuing education programs offered by the board to	94856
licensees or registrants;	94857

(7) Approval of continuing education programs;

94858

(8) Approval of continuing education providers to be	94859
authorized to offer continuing education programs without prior	94860
approval from the board for each program offered;	94861

(9) Issuance of a replacement copy of any wall certificate	94862
issued by the board.	94863

(B) The fees charged under division (A)(1) of this section	94864
shall be established in amounts sufficient to cover the direct	94865
expenses incurred in examining applicants for licensure. The fees	94866
charged under divisions (A)(2) to ~~(6)~~(9) of this section shall be	94867
nonrefundable and shall be established in amounts sufficient to	94868
cover the necessary expenses in administering this chapter and	94869
rules adopted under it that are not covered by fees charged under	94870
division (A)(1) or (C) of this section. The renewal fee for a	94871
license or certificate of registration shall not be less than the	94872
initial fee for that license or certificate. The fees charged for	94873
licensure and registration and the renewal of licensure and	94874
registration may differ for the various types of licensure and	94875
registration, but shall not exceed one hundred twenty-five dollars	94876
each, unless the board determines that amounts in excess of one	94877
hundred twenty-five dollars are needed to cover its necessary	94878
expenses in administering this chapter and rules adopted under it	94879
and the amounts in excess of one hundred twenty-five dollars are	94880
approved by the controlling board.	94881

(C) All receipts of the board shall be deposited in the state	94882
treasury to the credit of the occupational licensing and	94883
regulatory fund. All vouchers of the board shall be approved by	94884
the chairperson or executive director of the board, or both, as	94885
authorized by the board.	94886

Sec. 4776.01. As used in this chapter:

94887

(A) "License" means any of the following:

94888

(1) An authorization evidenced by a license, certificate,	94889
registration, permit, card, or other authority that is issued or	94890
conferred by a licensing agency described in division (C)(1) of	94891
this section to a licensee or to an applicant for an initial	94892
license by which the licensee or initial license applicant has or	94893
claims the privilege to engage in a profession, occupation, or	94894
occupational activity, or to have control of and operate certain	94895
specific equipment, machinery, or premises, over which the	94896
licensing agency has jurisdiction.	94897

(2) An authorization evidenced by a license or certificate	94898
that is issued by a licensing agency described in division (C)(2)	94899
of this section pursuant to section 4715.12, 4715.16, 4715.21, or	94900
4715.27 of the Revised Code to a licensee or to an applicant for	94901
an initial license by which the licensee or initial license	94902
applicant has or claims the privilege to engage in a profession,	94903
occupation, or occupational activity over which the licensing	94904
agency has jurisdiction.	94905

(B) "Licensee" means the person to whom the license is issued	94906
by a licensing agency.	94907

94908

(1) The board authorized by Chapters 4701., 4717., 4725.,	94909
4729., 4730., 4731., 4732., 4734., 4740., 4741., 4755., 4757.,	94910
4759., 4760., 4761., 4762., and 4779. of the Revised Code to issue	94911
a license to engage in a specific profession, occupation, or	94912
occupational activity, or to have charge of and operate certain	94913
specified equipment, machinery, or premises.	94914

(2) The state dental board, relative to its authority to	94915
issue a license pursuant to section 4715.12, 4715.16, 4715.21, or	94916
4715.27 of the Revised Code.	94917

(D) "Applicant for an initial license" includes persons	94918
seeking a license for the first time and persons seeking a license	94919
by reciprocity, endorsement, or similar manner of a license issued	94920
in another state.	94921

(E) "Applicant for a restored license" includes persons	94922
seeking restoration of a certificate under section 4730.14,	94923
4731.281, 4760.06, or 4762.06 of the Revised Code.	94924

(F) "Criminal records check" has the same meaning as in	94925
~~division (E) of~~ section 109.572 of the Revised Code.	94926

Sec. 4781.01. As used in this chapter:

94927

(A) "Industrialized unit" has the same meaning as in division	94928
(C)(3) of section 3781.06 of the Revised Code.	94929

(B) "Installation" means any of the following:

94930

(1) The temporary or permanent construction of stabilization,	94931
support, and anchoring systems for manufactured housing;	94932

(2) The placement and erection of a manufactured housing unit	94933
or components of a unit on a structural support system;	94934

(3) The supporting, blocking, leveling, securing, anchoring,	94935
underpinning, or adjusting of any section or component of a	94936
manufactured housing unit;	94937

(4) The joining or connecting of all sections or components	94938
of a manufactured housing unit.	94939

(C) "Manufactured home" has the same meaning as in division	94940
(C)(4) of section 3781.06 of the Revised Code.	94941

(D) "Manufactured home park" ~~has the same meaning as in~~	94942
~~division (A) of section 3733.01 of the Revised Code~~means any	94943
tract of land upon which three or more manufactured or mobile	94944
homes used for habitation are parked, either free of charge or for	94945
revenue purposes, and includes any roadway, building, structure,	94946
vehicle, or enclosure used or intended for use as a part of the	94947
facilities of the park. "Manufactured home park" does not include	94948
any of the following:	94949

(1) A tract of land used solely for the storage or display	94950
for sale of manufactured or mobile homes or solely as a temporary	94951
park-camp as defined in section 3729.01 of the Revised Code;	94952

(2) A tract of land that is subdivided and the individual	94953
lots are for sale or sold for the purpose of installation of	94954
manufactured or mobile homes used for habitation and the roadways	94955
are dedicated to the local government authority;	94956

(3) A tract of land within an area that is subject to local	94957
zoning authority and subdivision requirements and is subdivided,	94958
and the individual lots are for sale or sold for the purpose of	94959
installation of manufactured or mobile homes for habitation.	94960

(E) "Manufactured housing" means manufactured homes and	94961
mobile homes.	94962

(F) "Manufactured housing installer" means an individual who	94963
installs manufactured housing.	94964

(G) "Mobile home" has the same meaning as in division (O) of	94965
section 4501.01 of the Revised Code.	94966

(H) "Model standards" means the federal manufactured home	94967
installation standards established pursuant to 42 U.S.C. 5404.	94968

(I) "Permanent foundation" has the same meaning as in	94969
division (C)(5) of section 3781.06 of the Revised Code.	94970

(J) "Business" includes any activities engaged in by any	94971
person for the object of gain, benefit, or advantage either direct	94972
or indirect.	94973

(K) "Casual sale" means any transfer of a manufactured home	94974
or mobile home by a person other than a manufactured housing	94975
dealer, manufactured housing salesperson, or manufacturer to an	94976
ultimate consumer or a person who purchases the home for use as a	94977
residence.	94978

(L) "Engaging in business" means commencing, conducting, or	94979
continuing in business, or liquidating a business when the	94980
liquidator thereof holds self out to be conducting such business;	94981
making a casual sale or otherwise making transfers in the ordinary	94982
course of business when the transfers are made in connection with	94983
the disposition of all or substantially all of the transferor's	94984
assets is not engaging in business.	94985

(M) "Manufactured home park operator" ~~has the same meaning as~~	94986
~~"operator" in section 3733.01 of the Revised Code~~or "park	94987
operator" means the person who has responsible charge of a	94988
manufactured home park and who is licensed under sections 4781.26	94989
to 4781.35 of the Revised Code.	94990

(N) "Manufactured housing broker" means any person acting as	94991
a selling agent on behalf of an owner of a manufactured home or	94992
mobile home that is subject to taxation under section 4503.06 of	94993
the Revised Code.	94994

(O) "Manufactured housing dealer" means any person engaged in	94995
the business of selling at retail, displaying, offering for sale,	94996
or dealing in manufactured homes or mobile homes.	94997

(P) "Manufacturer" means a person who manufacturers,	94998
assembles, or imports manufactured homes or mobile homes.	94999

(Q) "Retail sale" or "sale at retail" means the act or	95000
attempted act of selling, bartering, exchanging, or otherwise	95001
disposing of a manufactured home or mobile home to an ultimate	95002
purchaser for use as a residence.	95003

(R) "Salesperson" means any individual employed by a	95004
manufactured housing dealer or manufactured housing broker to	95005
sell, display, and offer for sale, or deal in manufactured homes	95006
or mobile homes for a commission, compensation, or other valuable	95007
consideration, but does not mean any public officer performing	95008
official duties.	95009

(S) "Ultimate purchaser" means, with respect to any new	95010
manufactured home, the first person, other than a manufactured	95011
housing dealer purchasing in the capacity of a manufactured	95012
housing dealer, who purchases such new manufactured home for	95013
purposes other than resale.	95014

(T) "Tenant" means a person who is entitled under a rental	95015
agreement with a manufactured home park operator to occupy a	95016
manufactured home park lot and who does not own the home occupying	95017
the lot.	95018

(U) "Owner" means a person who is entitled under a rental	95019
agreement with a manufactured home park operator to occupy a	95020
manufactured home park lot and who owns the home occupying the	95021
lot.	95022

(V) "Resident" means a person entitled under a rental	95023
agreement to the use and occupancy of residential premises to the	95024
exclusion of others. "Resident" includes both tenants and owners.	95025

(W) "Residential premises" means a lot located within a	95026
manufactured home park and the grounds, areas, and facilities	95027
contained within the manufactured home park for the use of	95028
residents generally or the use of which is promised to a resident.	95029

(X) "Rental agreement" means any agreement or lease, written	95030
or oral, that establishes or modifies the terms, conditions,	95031
rules, or any other provisions concerning the use and occupancy of	95032
residential premises by one of the parties.	95033

(Y) "Security deposit" means any deposit of money or property	95034
to secure performance by the resident under a rental agreement.	95035

(Z) "Development" means any artificial change to improved or	95036
unimproved real estate, including, without limitation, buildings	95037
or structures, dredging, filling, grading, paving, excavation or	95038
drilling operations, or storage of equipment or materials, and the	95039
construction, expansion, or substantial alteration of a	95040
manufactured home park, for which plan review is required under	95041
division (A) of section 4781.31 of the Revised Code. "Development"	95042
does not include the building, construction, erection, or	95043
manufacture of any building to which section 3781.06 of the	95044
Revised Code is applicable.	95045

(AA) "Flood" or "flooding" means either of the following:

95046

(1) A general and temporary condition of partial or complete	95047
inundation of normally dry land areas from any of the following:	95048

(a) The overflow of inland or tidal waters;

95049

(b) The unusual and rapid accumulation or runoff of surface	95050
waters from any source;	95051

(c) Mudslides that are proximately caused by flooding as	95052
defined in division (AA)(1)(b) of this section and that are akin	95053
to a river of liquid and flowing mud on the surface of normally	95054
dry land areas, as when earth is carried by a current of water and	95055
deposited along the path of the current.	95056

(2) The collapse or subsidence of land along the shore of a	95057
lake or other body of water as a result of erosion or undermining	95058
that is caused by waves or currents of water exceeding anticipated	95059
cyclical levels or that is suddenly caused by an unusually high	95060
water level in a natural body of water, and that is accompanied by	95061
a severe storm, by an unanticipated force of nature, such as a	95062
flash flood, by an abnormal tidal surge, or by some similarly	95063
unusual and unforeseeable event, that results in flooding as	95064
defined in division (AA)(1)(a) of this section.	95065

(BB) "Flood plain" means the area adjoining any river,	95066
stream, watercourse, or lake that has been or may be covered by	95067
flood water.	95068

(CC) "One-hundred-year flood" means a flood having a one per	95069
cent chance of being equaled or exceeded in any given year.	95070

(DD) "One-hundred-year flood plain" means that portion of a	95071
flood plain inundated by a one-hundred-year flood.	95072

(EE) "Person" has the same meaning as in section 1.59 of the	95073
Revised Code and also includes this state, any political	95074
subdivision of this state, and any other state or local body of	95075
this state.	95076

(FF) "Substantial damage" means damage of any origin	95077
sustained by a manufactured or mobile home that is situated in a	95078
manufactured home park located in a flood plain when the cost of	95079
restoring the home to its condition before the damage occurred	95080
will equal or exceed fifty per cent of the market value of the	95081
home before the damage occurred.	95082

(GG) "Substantially alter" means a change in the layout or	95083
design of a manufactured home park, including, without limitation,	95084
the movement of utilities or changes in established streets, lots,	95085
or sites or in other facilities. In the case of manufactured home	95086
parks located within a one-hundred-year flood plain,	95087
"substantially alter" also includes changes in elevation resulting	95088
from the addition of fill, grading, or excavation that may affect	95089
flood plain management.	95090

(HH) "Tract" means a contiguous area of land that consists of	95091
one or more parcels, lots, or sites that have been separately	95092
surveyed regardless of whether the individual parcels, lots, or	95093
sites have been recorded and regardless of whether the one or more	95094
parcels, lots, or sites are under common or different ownership.	95095

Sec. 4781.02. (A) There is hereby created the manufactured	95096
homes commission which consists of nine members, with three	95097
members appointed by the governor, three members appointed by the	95098
president of the senate, and three members appointed by the	95099
speaker of the house of representatives.	95100

(B)(1) Commission members shall be residents of this state,	95101
except for members appointed pursuant to divisions (B)(3)(b) and	95102
(B)(4)(a) of this section. Members shall be selected from a list	95103
of persons the Ohio manufactured homes association, or any	95104
successor entity, recommends, except for appointments made	95105
pursuant to division (B)(2) of this section.	95106

(2) The governor shall appoint the following members:

95107

(a) One member to represent the board of building standards,	95108
who may be a member of the board or a board employee not in the	95109
classified civil service, with an initial term ending December 31,	95110
2007;	95111

(b) One member ~~to represent the department of health, who may~~	95112
~~be a department employee not in the classified civil service, with~~	95113
~~an initial term ending December 31, 2005~~who is registered as a	95114
sanitarian in accordance with Chapter 4736. of the Revised Code,	95115
has experience with the regulation of manufactured homes, and is	95116
an employee of a health district described in section 3709.01 of	95117
the Revised Code;	95118

(c) One member whose primary residence is a manufactured	95119
home, with an initial term ending December 31, 2006.	95120

(3) The president of the senate shall appoint the following	95121
members:	95122

(a) Two members who are manufactured housing installers who	95123
have been actively engaged in the installation of manufactured	95124
housing for the five years immediately prior to appointment, with	95125
the initial term of one installer ending December 31, 2007, and	95126
the initial term of the other installer ending December 31, 2005.	95127

(b) One member who manufactures manufactured homes in this	95128
state or who manufactures manufactured homes in another state and	95129
ships homes into this state, to represent manufactured home	95130
manufacturers, with an initial term ending December 31, 2006.	95131

(4) The speaker of the house of representatives shall appoint	95132
the following members:	95133

(a) One member who operates a manufactured or mobile home	95134
retail business in this state to represent manufactured housing	95135
dealers, with an initial term ending December 31, 2007;	95136

(b) One member who is a manufactured home park operator or is	95137
employed by an operator, with an initial term ending December 31,	95138
2005;	95139

(c) One member to represent the Ohio manufactured home	95140
association, or any successor entity, who may be the president or	95141
executive director of the association or the successor entity,	95142
with an initial term ending December 31, 2006.	95143

(C)(1) After the initial term, each term of office is for	95144
four years ending on the thirty-first day of December. A member	95145
holds office from the date of appointment until the end of the	95146
term. No member may serve more than two consecutive four-year	95147
terms.	95148

(2) Any member appointed to fill a vacancy that occurs prior	95149
to the expiration of a term continues in office for the remainder	95150
of that term. Any member continues in office subsequent to the	95151
expiration date of the term until the member's successor takes	95152
office or until sixty days have elapsed, which ever occurs first.	95153

(3) A vacancy on the commission does not impair the authority	95154
of the remaining members to exercise all of the commission's	95155
powers.	95156

(D)(1) The governor may remove any member from office for	95157
incompetence, neglect of duty, misfeasance, nonfeasance,	95158
malfeasance, or unprofessional conduct in office.	95159

(2) Vacancies shall be filled in the manner of the original	95160
appointment.	95161

Sec. 4781.04. (A) The manufactured homes commission shall	95162
adopt rules pursuant to Chapter 119. of the Revised Code to do all	95163
of the following:	95164

(1) Establish uniform standards that govern the installation	95165
of manufactured housing. Not later than one hundred eighty days	95166
after the secretary of the United States department of housing and	95167
urban development adopts model standards for the installation of	95168
manufactured housing or amends those standards, the commission	95169
shall amend its standards as necessary to be consistent with, and	95170
not less stringent than, the model standards for the design and	95171
installation of manufactured housing the secretary adopts or any	95172
manufacturers' standards that the secretary determines are equal	95173
to or not less stringent than the model standards.	95174

(2) Govern the inspection of the installation of manufactured	95175
housing. The rules shall specify that the commission, any building	95176
department or personnel of any department, ~~any licensor or~~	95177
~~personnel of any licensor,~~ or any private third party, certified	95178
pursuant to section 4781.07 of the Revised Code shall conduct all	95179
inspections of the installation of manufactured housing located in	95180
manufactured home parks to determine compliance with the uniform	95181
installation standards the commission establishes pursuant to this	95182
section.	95183

~~As used in division (A)(2) of this section, "licensor" has~~	95184
~~the same meaning as in section 3733.01 of the Revised Code.~~	95185

(3) Govern the design, construction, installation, approval,	95186
and inspection of foundations and the base support systems for	95187
manufactured housing. The rules shall specify that the commission,	95188
any building department or personnel of any department, ~~any~~	95189
~~licensor or personnel of any licensor,~~ or any private third party,	95190
certified pursuant to section 4781.07 of the Revised Code shall	95191
conduct all inspections of the installation, foundations, and base	95192
support systems of manufactured housing located in manufactured	95193
home parks to determine compliance with the uniform installation	95194
standards and foundation and base support system design the	95195
commission establishes pursuant to this section.	95196

~~As used in division (A)(3) of this section, "licensor" has~~	95197
~~the same meaning as in section 3733.01 of the Revised Code.~~	95198

(4) Govern the training, experience, and education	95199
requirements for manufactured housing installers, manufactured	95200
housing dealers, manufactured housing brokers, and manufactured	95201
housing salespersons;	95202

(5) Establish a code of ethics for manufactured housing	95203
installers;	95204

(6) Govern the issuance, revocation, and suspension of	95205
licenses to manufactured housing installers;	95206

(7) Establish fees for the issuance and renewal of licenses,	95207
for conducting inspections to determine an applicant's compliance	95208
with this chapter and the rules adopted pursuant to it, and for	95209
the commission's expenses incurred in implementing this chapter;	95210

(8) Establish conditions under which a licensee may enter	95211
into contracts to fulfill the licensee's responsibilities;	95212

(9) Govern the investigation of complaints concerning any	95213
violation of this chapter or the rules adopted pursuant to it or	95214
complaints involving the conduct of any licensed manufactured	95215
housing installer or person installing manufactured housing	95216
without a license, licensed manufactured housing dealer, licensed	95217
manufactured housing broker, or manufactured housing salesperson;	95218

(10) Establish a dispute resolution program for the timely	95219
resolution of warranty issues involving new manufactured homes,	95220
disputes regarding responsibility for the correction or repair of	95221
defects in manufactured housing, and the installation of	95222
manufactured housing. The rules shall provide for the timely	95223
resolution of disputes between manufacturers, manufactured housing	95224
dealers, and installers regarding the correction or repair of	95225
defects in manufactured housing that are reported by the purchaser	95226
of the home during the one-year period beginning on the date of	95227
installation of the home. The rules also shall provide that	95228
decisions made regarding the dispute under the program are not	95229
binding upon the purchaser of the home or the other parties	95230
involved in the dispute unless the purchaser so agrees in a	95231
written acknowledgement that the purchaser signs and delivers to	95232
the program within ten business days after the decision is issued.	95233

(11) Establish the requirements and procedures for the	95234
certification of building departments and building department	95235
personnel pursuant to section 4781.07 of the Revised Code;	95236

(12) Establish fees to be charged to building departments and	95237
building department personnel applying for certification and	95238
renewal of certification pursuant to section 4781.07 of the	95239
Revised Code;	95240

(13) Develop a policy regarding the maintenance of records	95241
for any inspection authorized or conducted pursuant to this	95242
chapter. Any record maintained under division (A)(13) of this	95243
section shall be a public record under section 149.43 of the	95244
Revised Code.	95245

(14) Carry out any other provision of this chapter.

95246

(B) The manufactured homes commission shall do all of the	95247
following:	95248

(1) Prepare and administer a licensure examination to	95249
determine an applicant's knowledge of manufactured housing	95250
installation and other aspects of installation the commission	95251
determines appropriate;	95252

(2) Select, provide, or procure appropriate examination	95253
questions and answers for the licensure examination and establish	95254
the criteria for successful completion of the examination;	95255

(3) Prepare and distribute any application form this chapter	95256
requires;	95257

(4) Receive applications for licenses and renewal of licenses	95258
and issue licenses to qualified applicants;	95259

(5) Establish procedures for processing, approving, and	95260
disapproving applications for licensure;	95261

(6) Retain records of applications for licensure, including	95262
all application materials submitted and a written record of the	95263
action taken on each application;	95264

(7) Review the design and plans for manufactured housing	95265
installations, foundations, and support systems;	95266

(8) Inspect a sample of homes at a percentage the commission	95267
determines to evaluate the construction and installation of	95268
manufactured housing installations, foundations, and support	95269
systems to determine compliance with the standards the commission	95270
adopts;	95271

(9) Investigate complaints concerning violations of this	95272
chapter or the rules adopted pursuant to it, or the conduct of any	95273
manufactured housing installer, manufactured housing dealer,	95274
manufactured housing broker, or manufactured housing salesperson;	95275

(10) Determine appropriate disciplinary actions for	95276
violations of this chapter;	95277

(11) Conduct audits and inquiries of manufactured housing	95278
installers, manufactured housing dealers, and manufactured housing	95279
brokers as appropriate for the enforcement of this chapter. The	95280
commission, or any person the commission employs for the purpose,	95281
may review and audit the business records of any manufactured	95282
housing installer, dealer, or broker during normal business hours.	95283

(12) Approve an installation training course, which may be	95284
offered by the Ohio manufactured homes association or other	95285
entity;	95286

(13) Perform any function or duty necessary to administer	95287
this chapter and the rules adopted pursuant to it.	95288

(C) Nothing in this section shall be construed to limit the	95289
authority of a board of health to enforce section 3701.344 of the	95290
Revised Code or Chapters 3703., 3718., and 3781. of the Revised	95291
Code.	95292

Sec. 4781.07. (A) Pursuant to rules the manufactured homes	95293
commission adopts, the commission may certify municipal, township,	95294
and county building departments and the personnel of those	95295
departments, ~~licensors as defined in section 3733.01 of the~~	95296
~~Revised Code and the personnel of those licensors,~~ or any private	95297
third party, to exercise the commission's enforcement authority,	95298
accept and approve plans and specifications for foundations,	95299
support systems and installations, and inspect manufactured	95300
housing foundations, support systems, and manufactured housing	95301
installations. Any certification is effective for three years.	95302

(B) Following an investigation and finding of facts that	95303
support its action, the commission may revoke or suspend	95304
certification. The commission may initiate an investigation on its	95305
own motion or the petition of a person affected by the enforcement	95306
or approval of plans.	95307

Sec. 4781.09. (A) The manufactured homes commission may deny,	95308
suspend, revoke, or refuse to renew the license of any	95309
manufactured home installer for any of the following reasons:	95310

(1) Failure to satisfy the requirements of section 4781.08 or	95311
4781.10 of the Revised Code;	95312

(2) Violation of this chapter or any rule adopted pursuant to	95313
it;	95314

(3) Making a material misstatement in an application for a	95315
license;	95316

(4) Installing manufactured housing without a license or	95317
without being under the supervision of a licensed manufactured	95318
housing installer;	95319

(5) Failure to appear for a hearing before the commission or	95320
to comply with any final adjudication order of the commission	95321
issued pursuant to this chapter;	95322

(6) Conviction of a felony or a crime involving moral	95323
turpitude;	95324

(7) Having had a license revoked, suspended, or denied by the	95325
commission during the preceding two years;	95326

(8) Having had a license revoked, suspended, or denied by	95327
another state or jurisdiction during the preceding two years;	95328

(9) Engaging in conduct in another state or jurisdiction that	95329
would violate this chapter if committed in this state.	95330

(10) Failing to provide written notification of an	95331
installation pursuant to division (D) of section 4781.11 of the	95332
Revised Code to a county treasurer or county auditor.	95333

(B)(1) Any person whose license or license application is	95334
revoked, suspended, denied, or not renewed or upon whom a civil	95335
penalty is imposed ~~pursuant to division (C) of this section~~ may	95336
request an adjudication hearing on the matter within thirty days	95337
after receipt of the notice of the action. The hearing shall be	95338
held in accordance with Chapter 119. of the Revised Code.	95339

(2) Any licensee or applicant may appeal an order made	95340
pursuant to an adjudication hearing in the manner provided in	95341
section 119.12 of the Revised Code.	95342

(C) ~~As an alternative to suspending, revoking, or refusing to~~	95343
~~renew a manufactured housing installer's license, the commission~~	95344
~~may impose a civil penalty of not less than one hundred dollars or~~	95345
~~more than five hundred dollars per violation of this chapter or~~	95346
~~any rule adopted pursuant to it. The commission shall deposit~~	95347
~~penalties in the occupational licensing and regulatory fund~~	95348
~~pursuant to section 4743.05 of the Revised Code.~~	95349

~~(D)~~ A person whose license is suspended, revoked, or not	95350
renewed may apply for a new license two years after the date on	95351
which the license was suspended, revoked, or not renewed.	95352

Sec. 4781.121. (A) The manufactured homes commission,	95353
pursuant to section 4781.04 of the Revised Code, may investigate	95354
any person who allegedly has committed a violation. If, after an	95355
investigation the commission determines that reasonable evidence	95356
exists that a person has committed a violation, within seven days	95357
after that determination, the commission shall send a written	95358
notice to that person in the same manner as prescribed in section	95359
119.07 of the Revised Code for licensees, except that the notice	95360
shall specify that a hearing will be held and specify the date,	95361
time, and place of the hearing.	95362

(B) The commission shall hold a hearing regarding the alleged	95363
violation in the same manner prescribed for an adjudication	95364
hearing under section 119.09 of the Revised Code. If the	95365
commission, after the hearing, determines that a violation has	95366
occurred, the commission, upon an affirmative vote of five of its	95367
members, may impose a fine not exceeding one thousand dollars per	95368
violation per day. The commission's determination is an order that	95369
the person may appeal in accordance with section 119.12 of the	95370
Revised Code.	95371

(C) If the person who allegedly committed a violation fails	95372
to appear for a hearing, the commission may request the court of	95373
common pleas of the county where the alleged violation occurred to	95374
compel the person to appear before the commission for a hearing.	95375

(D) If the commission assesses a person a civil penalty for a	95376
violation and the person fails to pay that civil penalty within	95377
the time period prescribed by the commission pursuant to section	95378
131.02 of the Revised Code, the commission shall forward to the	95379
attorney general the name of the person and the amount of the	95380
civil penalty for the purpose of collecting that civil penalty. In	95381
addition to the civil penalty assessed pursuant to this section,	95382
the person also shall pay any fee assessed by the attorney general	95383
for collection of the civil penalty.	95384

(E) The authority provided to the commission pursuant to this	95385
section, and any fine imposed under this section, shall be in	95386
addition to, and not in lieu of, all penalties and other remedies	95387
provided in this chapter. Any fines collected pursuant to this	95388
section shall be used solely to administer and enforce this	95389
chapter and rules adopted under it. Any fees collected pursuant to	95390
this section shall be transmitted to the treasurer of state and	95391
shall be credited to the manufactured homes commission regulatory	95392
fund created in section 4781.54 of the Revised Code; the fees	95393
shall be used only for the purpose of administering and enforcing	95394
sections 4781.26 to 4781.35 of the Revised Code and the rules	95395
adopted thereunder.	95396

(F) As used in this section, "violation" means a violation of	95397
section 4781.11, 4781.16, or 4781.27, or any rule adopted pursuant	95398
to section 4781.04, of the Revised Code.	95399

Sec. 4781.14. (A) ~~Except as provided in division (A)(3) of~~	95400
~~section 3733.02 of the Revised Code, the state, through the~~The	95401
manufactured homes commission, has exclusive authority to regulate	95402
manufactured home installers, the installation of manufactured	95403
housing, and manufactured housing foundations and support systems	95404
in ~~the~~this state. By enacting this chapter, it is the intent of	95405
the general assembly to preempt municipal corporations and other	95406
political subdivisions from regulating and licensing manufactured	95407
housing installers and regulating and inspecting the installation	95408
of manufactured housing and manufactured housing foundations and	95409
support systems.	95410

(B) ~~Except as provided in division (A)(3) of section 3733.02~~	95411
~~of the Revised Code, the~~The manufactured homes commission has	95412
exclusive power to adopt rules of uniform application throughout	95413
the state governing installation of manufactured housing, the	95414
inspection of manufactured housing foundations and support	95415
systems, the inspection of the installation of manufactured	95416
housing, the training and licensing of manufactured housing	95417
installers, and the investigation of complaints concerning	95418
manufactured housing installers.	95419

(C) ~~Except as provided in division (A)(3) of section 3733.02~~	95420
~~of the Revised Code, the~~The rules the commission adopts pursuant	95421
to this chapter are the exclusive rules governing the installation	95422
of manufactured housing, the design, construction, and approval of	95423
foundations for manufactured housing, the licensure of	95424
manufactured home installers, and the fees charged for licensure	95425
of manufactured home installers. No political subdivision of the	95426
state or any department or agency of the state may establish any	95427
other standards governing the installation of manufactured	95428
housing, manufactured housing foundations and support systems, the	95429
licensure of manufactured housing installers, or fees charged for	95430
the licensure of manufactured housing installers.	95431

(D) Nothing in this section limits the authority of the	95432
attorney general to enforce Chapter 1345. of the Revised Code or	95433
to take any action permitted by the Revised Code against	95434
manufactured housing installers, retailers, or manufacturers.	95435

Sec. 4781.15. The remedies provided in ~~sections 4781.01 to~~	95436
~~4781.14 of the Revised Code~~this chapter are in addition to	95437
remedies otherwise available for the same conduct under state or	95438
local law.	95439

~~Sec. 3733.02.~~ Sec. 4781.26. (A)~~(1)~~ The ~~public health council~~	95440
manufactured homes commission, subject to Chapter 119. of the	95441
Revised Code, shall adopt, and has the exclusive power to adopt,	95442
rules of uniform application throughout the state governing the	95443
review of plans, issuance of flood plain management permits, and	95444
issuance of licenses for manufactured home parks; the location,	95445
layout, density, construction, drainage, sanitation, safety, and	95446
operation of those parks; and notices of flood events concerning,	95447
and flood protection at, those parks. The rules pertaining to	95448
flood plain management shall be consistent with and not less	95449
stringent than the flood plain management criteria of the national	95450
flood insurance program adopted under the "National Flood	95451
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as	95452
amended. The rules shall not apply to the construction, erection,	95453
or manufacture of any building to which section 3781.06 of the	95454
Revised Code is applicable.	95455

~~(2)~~(B) The rules pertaining to manufactured home parks	95456
constructed after June 30, 1971, shall specify that each home must	95457
be placed on its lot to provide not less than fifteen feet between	95458
the side of one home and the side of another home, ten feet	95459
between the end of one home and the side of another home, and five	95460
feet between the ends of two homes placed end to end.	95461

~~(3)~~(C) The manufactured homes commission shall determine	95462
compliance with the installation, blocking, tiedown, foundation,	95463
and base support system standards for manufactured housing located	95464
in manufactured home parks adopted by the commission pursuant to	95465
section 4781.04 of the Revised Code. All inspections of the	95466
installation, blocking, tiedown, foundation, and base support	95467
systems of manufactured housing in a manufactured home park that	95468
the ~~department of health or a licensor~~commission conducts shall	95469
be conducted by a person ~~who has completed an installation~~	95470
~~training course approved by~~ the manufactured homes commission	95471
certifies pursuant to ~~division (B)(12) of~~ section ~~4781.04~~4781.07	95472
of the Revised Code.	95473

~~As used in division (A)(3) of this section, "manufactured~~	95474
~~housing" has the same meaning as in section 4781.01 of the Revised~~	95475
~~Code.~~	95476

~~(B) The public health council, in accordance with Chapter~~	95477
~~119. of the Revised Code, shall adopt rules of uniform application~~	95478
~~throughout the state establishing requirements and procedures in~~	95479
~~accordance with which the director of health may authorize~~	95480
~~licensors for the purposes of sections 3733.022 and 3733.025 of~~	95481
~~the Revised Code. The rules shall include at least provisions~~	95482
~~under which a licensor may enter into contracts for the purpose of~~	95483
~~fulfilling the licensor's responsibilities under either or both of~~	95484
~~those sections.~~	95485

(D) The manufactured homes commission may enter into	95486
contracts for the purpose of fulfilling the commission's annual	95487
inspection responsibilities for manufactured home parks under this	95488
chapter. Boards of health of city or general health districts	95489
shall have the right of first refusal for those contracts.	95490

~~Sec. 3733.03.~~ Sec. 4781.27. (A)(1) On or after the first day of	95491
December, but before the first day of January of the next year,	95492
every person who intends to operate a manufactured home park shall	95493
procure a license to operate the park for the next year from the	95494
~~licensor~~manufactured homes commission. If the applicable license	95495
fee prescribed under section ~~3733.04~~4781.28 of the Revised Code	95496
is not received by the ~~licensor~~commission by the close of	95497
business on the last day of December, the applicant for the	95498
license shall pay a penalty equal to twenty-five per cent of the	95499
applicable license fee. The penalty shall accompany the license	95500
fee. If the last day of December is not a business day, the	95501
penalty attaches upon the close of business on the next business	95502
day.	95503

(2) No manufactured home park shall be maintained or operated	95504
in this state without a license.	95505

(3) No person who has received a license, upon the sale or	95506
disposition of the manufactured home park, may have the license	95507
transferred to the new operator. A person shall obtain a separate	95508
license to operate each manufactured home park.	95509

(B) Before a license is initially issued and annually	95510
thereafter, or more often if necessary, the ~~licensor~~commission	95511
shall cause each manufactured home park to be inspected ~~relative~~	95512
tofor compliance with sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	95513
of the Revised Code and the rules adopted under those sections. A	95514
record shall be made of each inspection on a form prescribed by	95515
the ~~director of health~~commission.	95516

(C) Each person applying for an initial license to operate a	95517
manufactured home park shall provide acceptable proof to the	95518
~~director~~ commission that adequate fire protection will be	95519
provided and that applicable fire codes will be adhered to in the	95520
construction and operation of the park.	95521

~~Sec. 3733.04.~~ Sec. 4781.28. The ~~licensor of a manufactured home~~	95522
~~park~~manufactured homes commission may charge a fee for an annual	95523
license to operate ~~such~~ a manufactured home park. The fee for a	95524
license shall be determined in accordance with section ~~3709.09~~	95525
4781.26 of the Revised Code and shall include the cost of	95526
licensing and all inspections.	95527

~~The fee also shall include any additional amount determined~~	95528
~~by rule of the public health council, which shall be collected and~~	95529
~~transmitted by the board of health to the director of health~~	95530
~~pursuant to section 3709.092 of the Revised Code and used only for~~	95531
~~the purpose of administering and enforcing sections 3733.01 to~~	95532
~~3733.08 of the Revised Code and the rules adopted under those~~	95533
~~sections. The portion of any fee retained by the board of health~~	95534
Any fees collected shall be ~~paid into a special fund~~transmitted	95535
to the treasurer of state and shall be credited to the	95536
manufactured homes commission regulatory fund created in section	95537
4781.54 of the Revised Code and used only for the purpose of	95538
administering and enforcing sections ~~3733.01~~4781.26 to ~~3733.08~~	95539
4781.35 of the Revised Code and the rules adopted thereunder.	95540

~~Sec. 3733.05.~~ Sec. 4781.29. The ~~licensor of the health district in~~	95541
~~which a manufactured home park is or is to be located, in~~	95542
~~accordance with Chapter 119. of the Revised Code,~~manufactured	95543
homes commission may refuse to grant, may suspend, or may revoke	95544
any license granted to any person for failure to comply with	95545
sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35 of the Revised Code or	95546
with any rule adopted ~~by the public health council~~ under section	95547
~~3733.02~~4781.26 of the Revised Code.	95548

~~Sec. 3733.06.~~ Sec. 4781.30. (A) Upon a license being issued under	95549
sections ~~3733.03~~4781.27 to ~~3733.05~~4781.29 of the Revised Code,	95550
any operator shall have the right to rent or use each lot for the	95551
parking or placement of a manufactured home or mobile home to be	95552
used for human habitation without interruption for any period	95553
coextensive with any license or consecutive licenses issued under	95554
sections ~~3733.03~~4781.27 to ~~3733.05~~4781.29 of the Revised Code.	95555

(B) No operator of a manufactured home park shall sell	95556
individual lots in a park for eight years following the issuance	95557
of the initial license for the park unless, at the time of sale,	95558
the park fulfills all platting and subdivision requirements	95559
established by the political subdivision in which the park is	95560
located, or the political subdivision has entered into an	95561
agreement with the operator regarding platting and subdivision	95562
requirements and the operator has fulfilled the terms of that	95563
agreement.	95564

~~Sec. 3733.021.~~ Sec. 4781.31. (A) No person shall cause development	95565
to occur within any portion of a manufactured home park until the	95566
plans for the development have been submitted to and reviewed and	95567
approved by the ~~director of health~~manufactured homes commission.	95568
This division does not require that plans be submitted to the	95569
~~director~~commission for approval for the replacement of	95570
manufactured or mobile homes on previously approved lots in a	95571
manufactured home park when no development is to occur in	95572
connection with the replacement. Within thirty days after receipt	95573
of the plans, all supporting documents and materials required to	95574
complete the review, and the applicable plan review fee	95575
established under division (D) of this section, the ~~director~~	95576
commission shall approve or disapprove the plans.	95577

(B) Any person aggrieved by the ~~director's~~commission's	95578
disapproval of a set of plans under division (A) of this section	95579
may request a hearing on the matter within thirty days after	95580
receipt of the ~~director's~~commission's notice of the disapproval.	95581
The hearing shall be held in accordance with Chapter 119. of the	95582
Revised Code. Thereafter, the disapproval may be appealed in the	95583
manner provided in section 119.12 of the Revised Code.	95584

(C) The ~~director~~commission shall establish a system by which	95585
development occurring within a manufactured home park is inspected	95586
or verified in accordance with rules adopted under ~~division (A) of~~	95587
section ~~3733.02~~4781.26 of the Revised Code to ensure that the	95588
development complies with the plans approved under division (A) of	95589
this section.	95590

(D) The ~~public health council~~commission shall establish fees	95591
for reviewing plans under division (A) of this section and	95592
conducting inspections under division (C) of this section.	95593

(E) The ~~director~~commission shall charge the appropriate fees	95594
established under division (D) of this section for reviewing plans	95595
under division (A) of this section and conducting inspections	95596
under division (C) of this section. All such plan review and	95597
inspection fees received by the ~~director~~commission shall be	95598
transmitted to the treasurer of state and shall be credited to the	95599
~~general operations~~occupational licensing and regulatory fund	95600
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	95601
credited to the fund shall be used only for the purpose of	95602
administering and enforcing sections ~~3733.01~~4781.26 to ~~3733.08~~	95603
4781.35 of the Revised Code and rules adopted under those	95604
sections.	95605

(F) Plan approvals issued under this section do not	95606
constitute an exemption from the land use and building	95607
requirements of the political subdivision in which the	95608
manufactured home park is or is to be located.	95609

~~Sec. 3733.022.~~ Sec. 4781.32. (A) No person shall cause development	95610
to occur or cause the replacement of a mobile or manufactured home	95611
within any portion of a manufactured home park that is located	95612
within a one-hundred-year flood plain unless the person first	95613
obtains a permit from the ~~director of health or a licensor~~	95614
~~authorized by the director~~manufactured homes commission. If the	95615
development for which a permit is required under this division is	95616
to occur on a lot where a mobile or manufactured home is or is to	95617
be located, the owner of the home and the operator of the	95618
manufactured home park shall jointly obtain the permit. Each of	95619
the persons to whom a permit is jointly issued is responsible for	95620
compliance with the provisions of the approved permit that are	95621
applicable to that person.	95622

The ~~director or a licensor authorized by the director~~	95623
commission shall disapprove an application for a permit required	95624
under this division unless the ~~director or the licensor~~commission	95625
finds that the proposed development or replacement of a mobile or	95626
manufactured home complies with the rules adopted under ~~division~~	95627
~~(A) of~~ section ~~3733.02~~4781.26 of the Revised Code. No permit is	95628
required under this division for the construction, erection, or	95629
manufacture of any building to which section 3781.06 of the	95630
Revised Code applies.	95631

The ~~director or a licensor authorized by the director~~	95632
commission may suspend or revoke a permit issued under this	95633
division for failure to comply with the rules adopted under	95634
~~division (A) of~~ section ~~3733.02~~4781.26 of the Revised Code	95635
pertaining to flood plain management or for failure to comply with	95636
the approved permit.	95637

Any person aggrieved by the disapproval, suspension, or	95638
revocation of a permit under this division by the ~~director or by a~~	95639
~~licensor authorized by the director~~commission may request a	95640
hearing on the matter within thirty days after receipt of the	95641
notice of the disapproval, suspension, or revocation. The hearing	95642
shall be held in accordance with Chapter 119. of the Revised Code.	95643
Thereafter, an appeal of the disapproval, suspension, or	95644
revocation may be taken in the manner provided in section 119.12	95645
of the Revised Code.	95646

(B) The ~~public health council~~commission shall establish fees	95647
for the issuance of permits under division (A) of this section and	95648
for necessary inspections conducted to determine compliance with	95649
those permits.	95650

(C) The ~~director or a licensor authorized by the director~~	95651
commission shall charge the appropriate fee established under	95652
division (B) of this section for the issuance of a permit under	95653
division (A) of this section or for conducting any necessary	95654
inspection to determine compliance with the permit. If the	95655
~~director~~commission issues such a permit or conducts such an	95656
inspection, the fee for the permit or inspection shall be	95657
transmitted to the treasurer of state and shall be credited to the	95658
~~general operations~~occupational licensing and regulatory fund	95659
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	95660
credited to the fund shall be used ~~by the director~~ only for the	95661
purpose of administering and enforcing sections ~~3733.01~~4781.26 to	95662
~~3733.08~~4781.35 of the Revised Code and rules adopted under those	95663
sections. ~~If the licensor is a board of health, the permit or~~	95664
~~inspection fee shall be deposited to the credit of the special~~	95665
~~fund of the health district created in section 3733.04 of the~~	95666
~~Revised Code and shall be used only for the purpose set forth in~~	95667
~~that section.~~	95668

~~Sec. 3733.024.~~ Sec. 4781.33. ~~(A)~~ When a flood event affects a	95669
manufactured home park, the operator of the manufactured home	95670
park, in accordance with rules adopted under ~~division (A) of~~	95671
section ~~3733.02~~4781.26 of the Revised Code, shall notify the	95672
~~licensor having jurisdiction of the occurrence of~~manufactured	95673
homes commission and the board of health having jurisdiction where	95674
the flood event occurred within forty-eight hours after the end of	95675
the flood event. The commission, after receiving notification,	95676
shall immediately notify the board of health.	95677

~~No person shall fail to comply with this division.~~

95678

~~(B) The licensor having jurisdiction where a flood event~~	95679
~~occurred that affected a manufactured home park shall notify the~~	95680
~~director of health of the occurrence of the flood event within~~	95681
~~twenty-four hours after being notified of the flood event under~~	95682
~~division (A) of this section. Within forty-eight hours after~~After	95683
being notified of such a flood event ~~by a licensor~~, the ~~director~~	95684
board of health shall cause an inspection to be made of the	95685
manufactured home park named in the notice. The board of health	95686
shall issue a report of the inspection to the commission within	95687
ten days after the inspection is completed.	95688

~~Sec. 3733.025.~~ Sec. 4781.34. (A) If a mobile or manufactured home	95689
that is located in a flood plain is substantially damaged, the	95690
owner of the home shall make all alterations, repairs, or changes	95691
to the home, and the operator of the manufactured home park shall	95692
make all alterations, repairs, or changes to the lot on which the	95693
home is located, that are necessary to ensure compliance with the	95694
flood plain management rules adopted under ~~division (A) of~~ section	95695
~~3733.02~~4781.26 of the Revised Code. Such alterations, repairs, or	95696
changes may include, without limitation, removal of the home or	95697
other structures.	95698

No person shall fail to comply with this division.

95699

(B) No person shall cause to be performed any alteration,	95700
repair, or change required by division (A) of this section unless	95701
the person first obtains a permit from the ~~director of health or a~~	95702
~~licensor authorized by the director~~manufactured homes commission.	95703
~~The owner of the home and the operator of the manufactured home~~	95704
~~park shall jointly obtain the permit required by this division.~~	95705
~~Each of the persons to whom a permit is jointly issued is~~	95706
~~responsible for compliance with the provisions of the approved~~	95707
~~permit that are applicable to that person.~~	95708

The ~~director or a licensor authorized by the director~~	95709
commission shall disapprove an application for a permit required	95710
under this division unless the ~~director or the licensor~~commission	95711
finds that the proposed alteration, repair, or change complies	95712
with the rules adopted under ~~division (A) of~~ section ~~3733.02~~	95713
4781.26 of the Revised Code. No permit is required under this	95714
division for the construction, erection, or manufacture of any	95715
building to which section 3781.06 of the Revised Code applies.	95716

The ~~director or a licensor authorized by the director~~	95717
commission may suspend or revoke a permit issued under this	95718
division for failure to comply with the rules adopted under	95719
~~division (A) of~~ section ~~3733.02~~4781.26 of the Revised Code	95720
pertaining to flood plain management or for failure to comply with	95721
the approved permit for making alterations, repairs, or changes to	95722
the lot on which the manufactured home is located.	95723

Any person aggrieved by the disapproval, suspension, or	95724
revocation of a permit under this division by the ~~director or by a~~	95725
~~licensor authorized by the director~~commission may request a	95726
hearing on the matter within thirty days after receipt of the	95727
notice of the disapproval, suspension, or revocation. The hearing	95728
shall be held in accordance with Chapter 119. of the Revised Code.	95729
Thereafter, an appeal of the disapproval, suspension, or	95730
revocation may be taken in the manner provided in section 119.12	95731
of the Revised Code and for necessary inspections conducted to	95732
determine compliance with those permits.	95733

(C) The ~~public health council~~commission shall establish fees	95734
for the issuance of permits under division (B) of this section and	95735
for necessary inspections conducted to determine compliance with	95736
those permits for making alterations, repairs, or changes to the	95737
lot on which the manufactured home is located.	95738

(D) The ~~director or a licensor authorized by the director~~	95739
commission shall charge the appropriate fee established under	95740
division (C) of this section for the issuance of a permit under	95741
division (B) of this section or for conducting any necessary	95742
inspection to determine compliance with the permit. If the	95743
~~director~~commission issues such a permit or conducts such an	95744
inspection, the fee for the permit or inspection shall be	95745
transmitted to the treasurer of state and shall be credited to the	95746
~~general operations~~occupational licensing and regulatory fund	95747
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	95748
credited to the fund shall be used ~~by the director~~ only for the	95749
purpose of administering and enforcing sections ~~3733.01~~4781.26 to	95750
~~3733.08~~4781.35 of the Revised Code and rules adopted under those	95751
sections. ~~If the licensor is a board of health, the permit or~~	95752
~~inspection fee shall be deposited to the credit of the special~~	95753
~~fund of the health district created in section 3733.04 of the~~	95754
~~Revised Code and shall be used only for the purpose set forth in~~	95755
~~that section.~~	95756

~~Sec. 3733.08.~~ Sec. 4781.35. (A) No person shall violate sections	95757
~~3733.01~~4781.26 to ~~3733.08~~4781.35 of the Revised Code or the	95758
rules adopted thereunder.	95759

(B) The prosecuting attorney of the county, the city director	95760
of law, or the attorney general, upon complaint of the ~~licensor or~~	95761
~~the director of health~~manufactured homes commission, shall	95762
prosecute to termination or bring an action for injunction against	95763
any person violating sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	95764
of the Revised Code or the rules adopted thereunder.	95765

~~Sec. 3733.09.~~ Sec. 4781.36. (A) Subject to section ~~3733.091~~	95766
4781.37 of the Revised Code, a park operator shall not retaliate	95767
against a resident by increasing the resident's rent, decreasing	95768
services that are due to the resident, refusing to renew or	95769
threatening to refuse to renew the rental agreement with the	95770
resident, or bringing or threatening to bring an action for	95771
possession of the resident's premises because:	95772

(1) The resident has complained to an appropriate	95773
governmental agency of a violation of a building, housing, health,	95774
or safety code that is applicable to the premises, and the	95775
violation materially affects health and safety;	95776

(2) The resident has complained to the park operator of any	95777
violation of section ~~3733.10~~4781.38 of the Revised Code;	95778

(3) The resident joined with other residents for the purpose	95779
of negotiating or dealing collectively with the park operator on	95780
any of the terms and conditions of a rental agreement.	95781

(B) If a park operator acts in violation of division (A) of	95782
this section, the resident may:	95783

(1) Use the retaliatory action of the park operator as a	95784
defense to an action by the park operator to recover possession of	95785
the premises;	95786

(2) Recover possession of the premises;

95787

(3) Terminate the rental agreement.

95788

In addition, the resident may recover from the park operator	95789
any actual damages together with reasonable attorneys fees.	95790

(C) Nothing in division (A) of this section prohibits a park	95791
operator from increasing the rent to reflect the cost of	95792
improvements installed by the park operator in or about the	95793
premises or to reflect an increase in other costs of operation of	95794
the premises.	95795

~~Sec. 3733.091.~~ Sec. 4781.37. (A) Notwithstanding section ~~3733.09~~	95796
4781.36 of the Revised Code, a park operator may bring an action	95797
under Chapter 1923. of the Revised Code for possession of the	95798
premises if any of the following applies:	95799

(1) The resident is in default in the payment of rent.

95800

(2) The violation of the applicable building, housing,	95801
health, or safety code that the resident complained of was	95802
primarily caused by any act or lack of reasonable care by the	95803
resident, by any other person in the resident's household, or by	95804
anyone on the premises with the consent of the resident.	95805

(3) The resident is holding over the resident's term.

95806

(4) The resident is in violation of rules of the ~~public~~	95807
~~health council~~manufactured homes commission adopted pursuant to	95808
section ~~3733.02~~4781.26 of the Revised Code or rules of the	95809
manufactured home park adopted pursuant to the rules of the ~~public~~	95810
~~health council~~manufactured homes commission.	95811

(5) The resident has been absent from the manufactured home	95812
park for a period of thirty consecutive days prior to the	95813
commencement of the action, and the resident's manufactured home,	95814
mobile home, or recreational vehicle parked in the manufactured	95815
home park has been left unoccupied for that thirty-day period,	95816
without notice to the park operator and without payment of rent	95817
due under the rental agreement.	95818

(B) The maintenance of an action by the park operator under	95819
this section does not prevent the resident from recovering damages	95820
for any violation by the park operator of the rental agreement or	95821
of section ~~3733.10~~4781.38 of the Revised Code.	95822

~~Sec. 3733.10.~~ Sec. 4781.38. (A) A park operator who is a party to	95823
a rental agreement shall:	95824

(1) Comply with the requirements of all applicable building,	95825
housing, health, and safety codes which materially affect health	95826
and safety, and comply with rules of the ~~public health council~~	95827
manufactured homes commission;	95828

(2) Make all repairs and do whatever is reasonably necessary	95829
to put and keep the premises in a fit and habitable condition;	95830

(3) Keep all common areas of the premises in a safe and	95831
sanitary condition;	95832

(4) Maintain in good and safe working order and condition all	95833
electrical and plumbing fixtures and appliances, and septic	95834
systems, sanitary and storm sewers, refuse receptacles, and well	95835
and water systems that are supplied or required to be supplied by	95836
~~him~~the park operator;	95837

(5) Not abuse the right of access conferred by division (B)	95838
of section ~~3733.101~~4781.39 of the Revised Code;	95839

(6) Except in the case of emergency or if it is impracticable	95840
to do so, give the resident reasonable notice of ~~his~~the park	95841
operator's intent to enter onto the residential premises and enter	95842
only at reasonable times. Twenty-four hours' notice shall be	95843
presumed to be a reasonable notice in the absence of evidence to	95844
the contrary.	95845

(B) If the park operator violates any provision of this	95846
section, makes a lawful entry onto the residential premises in an	95847
unreasonable manner, or makes repeated demands for entry otherwise	95848
lawful which demands have the effect of harassing the resident,	95849
the resident may recover actual damages resulting from the	95850
violation, entry, or demands and injunctive relief to prevent the	95851
recurrence of the conduct, and if hethe resident obtains a	95852
judgment, reasonable attorneys' fees, or terminate the rental	95853
agreement.	95854

~~Sec. 3733.101.~~ Sec. 4781.39. (A) A resident who is a party to a	95855
rental agreement shall:	95856

(1) Keep that part of the premises that the resident occupies	95857
and uses safe and sanitary;	95858

(2) Dispose of all rubbish, garbage, and other waste in a	95859
clean, safe, and sanitary manner;	95860

(3) Comply with the requirements imposed on residents by all	95861
applicable state and local housing, health, and safety codes,	95862
rules of the ~~public health council~~manufactured homes commission,	95863
and rules of the manufactured home park;	95864

(4) Personally refrain, and forbid any other person who is on	95865
the premises with the resident's permission, from intentionally or	95866
negligently destroying, defacing, damaging, or removing any	95867
fixture, appliance, or other part of the residential premises;	95868

(5) Conduct self and require other persons on the premises	95869
with the resident's consent to conduct themselves in a manner that	95870
will not disturb the resident's neighbors' peaceful enjoyment of	95871
the manufactured home park.	95872

(B) The resident shall not unreasonably withhold consent for	95873
the park operator to enter the home to inspect utility	95874
connections, or enter onto the premises in order to inspect the	95875
premises, make ordinary, necessary, or agreed repairs,	95876
decorations, alterations, or improvements, deliver parcels which	95877
are too large for the resident's mail facilities, or supply	95878
necessary or agreed services.	95879

(C) If the resident violates any provision of this section,	95880
the park operator may recover any actual damages which result from	95881
the violation and reasonable attorneys' fees. This remedy is in	95882
addition to any right of the park operator to terminate the rental	95883
agreement, to maintain an action for the possession of the	95884
premises, or injunctive relief to compel access under division (B)	95885
of this section.	95886

~~Sec. 3733.11.~~ Sec. 4781.40. (A)(1) ~~The~~A manufactured home park	95887
operator shall offer each home owner a written rental agreement	95888
for a manufactured home park lot for a term of one year or more	95889
that contains terms essentially the same as any alternative	95890
month-to-month rental agreement offered to current and prospective	95891
tenants and owners. The park operator shall offer the minimum	95892
one-year rental agreement to the owner prior to installation of	95893
the home in the manufactured home park or, if the home is in the	95894
manufactured home park, prior to the expiration of the owner's	95895
existing rental agreement.	95896

(2) The park operator shall deliver the offer to the owner by	95897
certified mail, return receipt requested, or in person. If the	95898
park operator delivers the offer to the owner in person, the owner	95899
shall complete a return showing receipt of the offer. If the owner	95900
does not accept the offer, the park operator is discharged from	95901
any obligation to make any further such offers. If the owner	95902
accepts the offer, the park operator shall, at the expiration of	95903
each successive rental agreement, offer the owner another rental	95904
agreement, for a term that is mutually agreed upon, and that	95905
contains terms essentially the same as the alternative	95906
month-to-month agreement. The park operator shall deliver	95907
subsequent rental offers by ordinary mail or personal delivery. If	95908
the park operator sells the manufactured home park to another	95909
manufactured home park operator, the purchaser is bound by the	95910
rental agreements entered into by the purchaser's predecessor.	95911

(3) If the park operator sells the manufactured home park for	95912
a use other than as a manufactured home park, the park operator	95913
shall give each tenant and owner a written notification by	95914
certified mail, return receipt requested, or by handing it to the	95915
tenant or owner in person. If the park operator delivers the	95916
notification in person, the recipient shall complete a return	95917
showing receipt of the notification. This notification shall	95918
contain notice of the sale of the manufactured home park, and	95919
notice of the date by which the tenant or owner shall vacate. The	95920
date by which the tenant shall vacate shall be at least one	95921
hundred twenty days after receipt of the written notification, and	95922
the date by which the owner shall vacate shall be at least one	95923
hundred eighty days after receipt of the written notification.	95924

(B) A park operator shall fully disclose in writing all fees,	95925
charges, assessments, including rental fees, and rules prior to a	95926
tenant or owner executing a rental agreement and assuming	95927
occupancy in the manufactured home park. No fees, charges,	95928
assessments, or rental fees so disclosed may be increased nor	95929
rules changed by a park operator without specifying the date of	95930
implementation of the changed fees, charges, assessments, rental	95931
fees, or rules, which date shall be not less than thirty days	95932
after written notice of the change and its effective date to all	95933
tenants or owners in the manufactured home park, and no fee,	95934
charge, assessment, or rental fee shall be increased during the	95935
term of any tenant's or owner's rental agreement. Failure on the	95936
part of the park operator to fully disclose all fees, charges, or	95937
assessments shall prevent the park operator from collecting the	95938
undisclosed fees, charges, or assessments. If a tenant or owner	95939
refuses to pay any undisclosed fees, charges, or assessments, the	95940
refusal shall not be used by the park operator as a cause for	95941
eviction in any court.	95942

(C) A park operator shall promulgate rules governing the	95943
rental or occupancy of a lot in the manufactured home park. The	95944
rules shall not be unreasonable, arbitrary, or capricious. A copy	95945
of the rules and any amendments to them shall be delivered by the	95946
park operator to the tenant or owner prior to signing the rental	95947
agreement. A copy of the rules and any amendments to them shall be	95948
posted in a conspicuous place upon the manufactured home park	95949
grounds.	95950

(D) No park operator shall require an owner to purchase from	95951
the park operator any personal property. The park operator may	95952
determine by rule the style or quality of skirting, equipment for	95953
tying down homes, manufactured or mobile home accessories, or	95954
other equipment to be purchased by an owner from a vendor of the	95955
owner's choosing, provided that the equipment is readily available	95956
to the owner. Any such equipment shall be installed in accordance	95957
with the manufactured home park rules.	95958

(E) No park operator shall charge any owner who chooses to	95959
install an electric or gas appliance in a home an additional fee	95960
solely on the basis of the installation, unless the installation	95961
is performed by the park operator at the request of the owner, nor	95962
shall the park operator restrict the installation, service, or	95963
maintenance of the appliance, restrict the ingress or egress of	95964
repairpersons to the manufactured home park for the purpose of	95965
installation, service, or maintenance of the appliance, nor	95966
restrict the making of any interior improvement in a home, if the	95967
installation or improvement is in compliance with applicable	95968
building codes and other provisions of law and if adequate utility	95969
services are available for the installation or improvement.	95970

(F) No park operator shall require a tenant to lease or an	95971
owner to purchase a manufactured or mobile home from the park	95972
operator or any specific person as a condition of or prerequisite	95973
to entering into a rental agreement.	95974

(G) No park operator shall require an owner to use the	95975
services of the park operator or any other specific person for	95976
installation of the manufactured or mobile home on the residential	95977
premises or for the performance of any service.	95978

(H) No park operator shall:

95979

(1) Deny any owner the right to sell the owner's manufactured	95980
home within the manufactured home park if the owner gives the park	95981
operator ten days' notice of the intention to sell the home;	95982

(2) Require the owner to remove the home from the	95983
manufactured home park solely on the basis of the sale of the	95984
home;	95985

(3) Unreasonably refuse to enter into a rental agreement with	95986
a purchaser of a home located within the operator's manufactured	95987
home park;	95988

(4) Charge any tenant or owner any fee, charge, or	95989
assessment, including a rental fee, that is not set forth in the	95990
rental agreement or, if the rental agreement is oral, is not set	95991
forth in a written disclosure given to the tenant or owner prior	95992
to the tenant or owner entering into a rental agreement;	95993

(5) Charge any owner any fee, charge, or assessment because	95994
of the transfer of ownership of a home or because a home is moved	95995
out of or into the manufactured home park, except a charge for the	95996
actual costs and expenses that are incurred by the park operator	95997
in moving the home out of or into the manufactured home park, or	95998
in installing the home in the manufactured home park and that have	95999
not been reimbursed by another tenant or owner.	96000

(I) If the park operator violates any provision of divisions	96001
(A) to (H) of this section, the tenant or owner may recover actual	96002
damages resulting from the violation, and, if the tenant or owner	96003
obtains a judgment, reasonable attorneys' fees, or terminate the	96004
rental agreement.	96005

(J) No rental agreement shall require a tenant or owner to	96006
sell, lease, or sublet the tenant's or owner's interest in the	96007
rental agreement or the manufactured or mobile home that is or	96008
will be located on the lot that is the subject of the rental	96009
agreement to any specific person or through any specific person as	96010
the person's agent.	96011

(K) No park operator shall enter into a rental agreement with	96012
the owner of a manufactured or mobile home for the use of	96013
residential premises, if the rental agreement requires the owner	96014
of the home, as a condition to the owner's renting, occupying, or	96015
remaining on the residential premises, to pay the park operator or	96016
any other person specified in the rental agreement a fee or any	96017
sum of money based on the sale of the home, unless the owner of	96018
the home uses the park operator or other person as the owner's	96019
agent in the sale of the home.	96020

(L) A park operator and a tenant or owner may include in a	96021
rental agreement any terms and conditions, including any term	96022
relating to rent, the duration of an agreement, and any other	96023
provisions governing the rights and obligations of the parties	96024
that are not inconsistent with or prohibited by sections 3733.09	96025
to 3733.20 of the Revised Code or any other rule of law.	96026

(M) Notwithstanding any other provision of the Revised Code,	96027
the owner of a manufactured or mobile home ~~that was previously~~	96028
~~titled by a dealer~~ may utilize the services of a manufactured ~~home~~	96029
housing dealer or broker licensed under ~~Chapter 4517. of the~~	96030
~~Revised Code~~this chapter or a person properly licensed under	96031
Chapter 4735. of the Revised Code to sell or lease the home.	96032

~~Sec. 3733.12.~~ Sec. 4781.41. (A) If a park operator fails to	96033
fulfill any obligation imposed upon ~~him~~the park operator by	96034
section ~~3733.10~~4781.38 of the Revised Code or by the rental	96035
agreement, or the conditions of the premises are such that the	96036
resident reasonably believes that a park operator has failed to	96037
fulfill any such obligations, or a governmental agency has found	96038
that the premises are not in compliance with building, housing,	96039
health, or safety codes which apply to any condition of the	96040
residential premises that could materially affect the health and	96041
safety of an occupant, the resident may give notice in writing to	96042
the park operator specifying the acts, omissions, or code	96043
violations that constitute noncompliance with such provisions. The	96044
notice shall be sent to the person or place where rent is normally	96045
paid.	96046

(B) If a park operator receives the notice described in	96047
division (A) of this section and after receipt of the notice fails	96048
to remedy the condition within a reasonable time, considering the	96049
severity of the condition and the time necessary to remedy such	96050
condition, or within thirty days, whichever is sooner, and if the	96051
resident is current in rent payments due under the rental	96052
agreement, the resident may do one of the following:	96053

(1) Deposit all rent that is due and thereafter becomes due	96054
the park operator with the clerk of court of the municipal or	96055
county court having jurisdiction in the territory in which the	96056
residential premises are located;	96057

(2) Apply to the court for an order directing the park	96058
operator to remedy the condition. As part thereof, the resident	96059
may deposit rent pursuant to division (B)(1) of this section, and	96060
may apply for an order reducing the periodic rent due the park	96061
operator until such time as the park operator does remedy the	96062
condition, and may apply for an order to use the rent deposited to	96063
remedy the condition. In any order issued pursuant to this	96064
division, the court may require the resident to deposit rent with	96065
the clerk of court as provided in division (B)(1) of this section.	96066

~~Sec. 3733.121.~~ Sec. 4781.42. (A) Whenever a resident deposits rent	96067
with the clerk of a court as provided in section ~~3733.12~~4781.41	96068
of the Revised Code, the clerk shall give written notice of this	96069
fact to the park operator and to ~~his~~the park operator's agent, if	96070
any.	96071

(B) The clerk shall place all rent deposited with ~~him~~the	96072
clerk in a separate rent escrow account in the name of the clerk	96073
in a bank or building and loan association domiciled in this	96074
state.	96075

(C) The clerk shall keep in a separate docket an account of	96076
each deposit, with the name and address of the resident, and the	96077
name and address of the park operator and of ~~his~~the park	96078
operator's agent, if any.	96079

(D) For ~~his~~the clerk's costs, the clerk may charge a fee of	96080
one per cent of the amount of the rent deposited, which shall be	96081
assessed as court costs.	96082

(E) All interest that has accrued on the rent deposited by	96083
the clerk of a county court under division (B) of this section	96084
shall be paid into the treasury of the political subdivision for	96085
which the clerk performs ~~his~~the clerk's duties. All interest that	96086
has accrued on the rent deposited by the clerk of a municipal	96087
court under division (B) of this section shall be paid into the	96088
city treasury as defined in division (B) of section 1901.03 of the	96089
Revised Code.	96090

~~Sec. 3733.122.~~ Sec. 4781.43. (A) A park operator who receives	96091
notice that rent due ~~him~~the park operator has been deposited with	96092
a clerk of court pursuant to section ~~3733.12~~4781.41 of the	96093
Revised Code, may:	96094

(1) Apply to the clerk of court for release of the rent on	96095
the ground that the condition contained in the notice given	96096
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	96097
Code has been remedied. The clerk shall forthwith release the	96098
rent, less costs, to the park operator if the resident gives	96099
written notice to the clerk that the condition has been remedied.	96100

(2) Apply to the court for release of the rent on the grounds	96101
that the resident did not comply with the notice requirement of	96102
division (A) of section ~~3733.12~~4781.41 of the Revised Code, or	96103
that the resident was not current in rent payments due under the	96104
rental agreement at the time the resident initiated rent deposits	96105
with the clerk of courts under division (B)(1) of section ~~3733.12~~	96106
4781.41 of the Revised Code;	96107

(3) Apply to the court for release of the rent on the grounds	96108
that there was no violation of any obligation imposed upon the	96109
park operator by section ~~3733.10~~4781.38 of the Revised Code or by	96110
the rental agreement, or by any building, housing, health, or	96111
safety code, or that the condition contained in the notice given	96112
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	96113
Code has been remedied.	96114

(B) The resident shall be named as a party to any action	96115
filed by the park operator under this section, and shall have the	96116
right to file an answer and counterclaim, as in other civil cases.	96117
A trial shall be held within sixty days of the date of filing of	96118
the park operator's complaint, unless for good cause shown the	96119
court grants a continuance.	96120

(C) If the court finds that there was no violation of any	96121
obligation imposed upon the park operator by section ~~3733.10~~	96122
4781.38 of the Revised Code or by the rental agreement, or by any	96123
building, housing, health, or safety code, or that the condition	96124
contained in the notice given pursuant to division (A) of section	96125
~~3733.12~~4781.41 of the Revised Code has been remedied, or that the	96126
resident did not comply with the notice requirement of division	96127
(A) of section ~~3733.12~~4781.41 of the Revised Code, or that the	96128
resident was not current in rent payments at the time the resident	96129
initiated rent deposits with the clerk of court under division	96130
(B)(1) of section ~~3733.12~~4781.41 of the Revised Code, the court	96131
shall order the release to the park operator of rent on deposit	96132
with the clerk, less costs.	96133

(D) If the court finds that the condition contained in the	96134
notice given pursuant to division (A) of section ~~3733.12~~4781.41	96135
of the Revised Code was the result of an act or omission of the	96136
resident, or that the resident intentionally acted in bad faith in	96137
proceeding under section ~~3733.12~~4781.41 of the Revised Code, the	96138
resident shall be liable for damages caused to the park operator,	96139
and for costs, together with reasonable attorneys' fees if the	96140
resident intentionally acted in bad faith.	96141

~~Sec. 3733.123.~~ Sec. 4781.44. (A) If a park operator brings an	96142
action for the release of rent deposited with a clerk of court,	96143
the court may, during the pendency of the action, upon application	96144
of the park operator, release part of the rent on deposit for	96145
payment of the periodic interest on a mortgage on the premises,	96146
the periodic principal payments on a mortgage on the premises, the	96147
insurance premiums for the premises, real estate taxes on the	96148
premises, utility services, repairs, and other customary and usual	96149
costs of operating the premises.	96150

(B) In determining whether to release rent for the payments	96151
described in division (A) of this section, the court shall	96152
consider the amount of rent the park operator receives from other	96153
lots, the cost of operating these lots, and the costs which may be	96154
required to remedy the condition contained in the notice given	96155
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	96156
Code.	96157

~~Sec. 3733.13.~~ Sec. 4781.45. If a resident commits a material	96158
violation of the rules of the manufactured home park, of the	96159
~~public health council~~manufactured homes commission, or of	96160
applicable state and local health and safety codes, the park	96161
operator may deliver a written notification of the violation to	96162
the resident. The notification shall contain all of the following:	96163

(A) A description of the violation;

96164

(B) A statement that the rental agreement will terminate upon	96165
a date specified in the written notice not less than thirty days	96166
after receipt of the notice unless the resident remedies the	96167
violation;	96168

(C) A statement that the violation was material and that if a	96169
second material violation of any park or ~~public health council~~	96170
commission rule, or any health and safety code, occurs within six	96171
months after the date of this notice, the rental agreement will	96172
terminate immediately;	96173

(D) A statement that a defense available to termination of	96174
the rental agreement for two material violations of park or ~~public~~	96175
~~health council~~commission rules, or of health and safety codes, is	96176
that the park rule is unreasonable, or that the park or ~~public~~	96177
~~health councilrule~~commission, or health or safety code, is not	96178
being enforced against other manufactured home park residents, or	96179
that the two violations were not willful and not committed in bad	96180
faith.	96181

If the resident remedies the condition described in the	96182
notice, whether by repair, the payment of damages, or otherwise,	96183
the rental agreement shall not terminate. The park operator may	96184
terminate the rental agreement immediately if the resident commits	96185
a second material violation of the park or ~~public health council~~	96186
commission rules, or of applicable state and local health and	96187
safety codes, subject to the defense that the park rule is	96188
unreasonable, that the park or ~~public health council~~commission	96189
rule, or health or safety code, is not being enforced against	96190
other manufactured home park residents, or that the two violations	96191
were not willful and not committed in bad faith.	96192

~~Sec. 3733.14.~~ Sec. 4781.46. In any action under sections ~~3733.09~~	96193
4781.36 to ~~3733.20~~4781.52 of the Revised Code, any party may	96194
recover damages for the breach of contract or the breach of any	96195
duty that is imposed by law.	96196

~~Sec. 3733.15.~~ Sec. 4781.47. (A) No provision of sections ~~3733.09~~	96197
4781.36 to ~~3733.20~~4781.52 of the Revised Code may be modified or	96198
waived by any oral or written agreement except as provided in	96199
division (F) of this section.	96200

(B) No warrant of attorney to confess judgment shall be	96201
recognized in any rental agreement or in any other agreement	96202
between a park operator and resident for the recovery of rent or	96203
damages to the residential premises.	96204

(C) No agreement to pay the park operator's or resident's	96205
attorney fees shall be recognized in any rental agreement for	96206
residential premises or in any other agreement between a park	96207
operator and resident.	96208

(D) No agreement by a resident to the exculpation or	96209
limitation of any liability of the park operator arising under law	96210
or to indemnify the park operator for that liability or its	96211
related costs shall be recognized in any rental agreement or in	96212
any other agreement between a park operator and resident.	96213

(E) A rental agreement, or the assignment, conveyance, trust	96214
deed, or security instrument of the park operator's interest in	96215
the rental agreement may not permit the receipt of rent free of	96216
the obligation to comply with section ~~3733.10~~4781.38 of the	96217
Revised Code.	96218

(F) The park operator may agree to assume responsibility for	96219
fulfilling any duty or obligation imposed on a resident by section	96220
~~3733.101~~4781.39 of the Revised Code.	96221

~~Sec. 3733.16.~~ Sec. 4781.48. (A) If the court as a matter of law	96222
finds a rental agreement, or any clause of it, to have been	96223
unconscionable at the time it was made, it may refuse to enforce	96224
the rental agreement or it may enforce the remainder of the rental	96225
agreement without the unconscionable clause, or it may so limit	96226
the application of any unconscionable clause as to avoid any	96227
unconscionable result.	96228

(B) When it is claimed or appears to the court that the	96229
rental agreement, or any clause of it, may be unconscionable, the	96230
parties shall be afforded a reasonable opportunity to present	96231
evidence as to its setting, purpose, and effect to aid the court	96232
in making the determination.	96233

~~Sec. 3733.17.~~ Sec. 4781.49. (A) No park operator of residential	96234
premises shall initiate any act, including termination of	96235
utilities or services, exclusion from the premises, or threat of	96236
any unlawful act, against a resident, or a resident whose right to	96237
possession has terminated, for the purpose of recovering	96238
possession of residential premises, other than as provided in	96239
Chapters 1923., ~~3733.~~4781., and 5303. of the Revised Code.	96240

(B) No park operator of residential premises shall seize the	96241
furnishings or possessions of a resident, or of a resident whose	96242
right to possession was terminated, for the purpose of recovering	96243
rent payments, other than in accordance with an order issued by a	96244
court of competent jurisdiction.	96245

(C) A park operator who violates this section is liable in a	96246
civil action for all damages caused to a resident, or to a	96247
resident whose right to possession has terminated, together with	96248
reasonable attorneys' fees.	96249

~~Sec. 3733.18.~~ Sec. 4781.50. (A) Any security deposit in excess of	96250
fifty dollars or one month's periodic rent, whichever is greater,	96251
shall bear interest on the excess at the rate of five per cent per	96252
annum if the resident remains in possession of the premises for	96253
six months or more, and shall be computed and paid annually by the	96254
park operator to the resident.	96255

(B) Upon termination of the rental agreement any property or	96256
money held by the park operator as a security deposit may be	96257
applied to the payment of past due rent and to the payment of the	96258
amount of damages that the park operator has suffered by reason of	96259
the resident's noncompliance with section ~~3733.101~~4781.39 of the	96260
Revised Code or the rental agreement. Any deduction from the	96261
security deposit shall be itemized and identified by the park	96262
operator in a written notice delivered to the resident together	96263
with the amount due, within thirty days after termination of the	96264
rental agreement and delivery of possession. The resident shall	96265
provide the park operator in writing with a forwarding address or	96266
new address to which the written notice and amount due from the	96267
park operator may be sent. If the resident fails to provide the	96268
park operator with the forwarding or new address as required, the	96269
resident shall not be entitled to damages or attorneys' fees under	96270
division (C) of this section.	96271

(C) If the park operator fails to comply with division (B) of	96272
this section, the resident may recover the property and money due	96273
~~him~~the resident, together with damages in an amount equal to the	96274
amount wrongfully withheld, and reasonable attorneys' fees.	96275

~~Sec. 3733.19.~~ Sec. 4781.51. (A) Every written rental agreement for	96276
residential premises shall contain the name and address of the	96277
owner of the residential premises and the name and address of the	96278
owner's agent, if any. If the owner or the owner's agent is a	96279
corporation, partnership, limited partnership, association, trust,	96280
or other entity, the address shall be the principal place of	96281
business in the county in which the residential premises are	96282
situated or if there is no place of business in such county then	96283
its principal place of business in this state, and shall include	96284
the name of the person in charge thereof.	96285

(B) If the rental agreement is oral, the park operator, at	96286
the commencement of the term of occupancy, shall deliver to the	96287
resident a written notice containing the information required in	96288
division (A) of this section.	96289

(C) If the park operator fails to provide the notice of the	96290
name and address of the owner and owner's agent, if any, as	96291
required under division (A) or (B) of this section, the notices to	96292
the park operator required under division (A) of sections ~~3733.12~~	96293
4781.41 and ~~3733.121~~4781.42 of the Revised Code are waived by the	96294
park operator and the operator's agent.	96295

(D) Every written rental agreement for residential premises	96296
shall contain the following notice in ten-point boldface type:	96297

"YOUR RIGHTS AS A RESIDENT AND YOUR MANUFACTURED HOME PARK	96298
OPERATOR'S RIGHTS ARE PROTECTED BY SECTIONS ~~3733.09~~4781.36 TO	96299
~~3733.20~~4781.52 OF THE REVISED CODE, WHICH REGULATE RENTAL	96300
AGREEMENTS IN MANUFACTURED HOME PARKS."	96301

If the rental agreement is oral, the park operator, at the	96302
commencement of the term of occupancy, shall deliver the notice to	96303
the resident in writing.	96304

~~Sec. 3733.20.~~ Sec. 4781.52. No municipal corporation may adopt or	96305
continue in existence any ordinance and no township may adopt or	96306
continue in existence any resolution that is in conflict with	96307
sections ~~3733.09~~4781.36 to ~~3733.20~~4781.52 of the Revised Code,	96308
or that regulates those rights and obligations of parties to a	96309
rental agreement that are regulated by sections ~~3733.09~~4781.36 to	96310
~~3733.20~~4781.52 of the Revised Code. Sections ~~3733.09~~4781.36 to	96311
~~3733.20~~4781.52 of the Revised Code do not preempt any housing,	96312
building, health, or safety codes of any municipal corporation or	96313
township.	96314

Sec. 4781.54. There is hereby created in the state treasury	96315
the manufactured homes commission regulatory fund. The fund shall	96316
consist of fees collected under section 4781.121 of the Revised	96317
Code and fees paid under section 4781.28 of the Revised Code and	96318
shall be used for the purposes described in those sections.	96319

Sec. 4781.99. (A) Whoever violates division (A) of section	96320
4781.16 of the Revised Code is guilty of a minor misdemeanor on a	96321
first offense and shall be subject to a mandatory fine of one	96322
hundred dollars. On a second offense, the person is guilty of a	96323
misdemeanor of the first degree and shall be subject to a	96324
mandatory fine of one thousand dollars.	96325

(B) Whoever violates section 4781.20 of the Revised Code is	96326
guilty of a minor misdemeanor.	96327

(C) Whoever violates any of the following is guilty of a	96328
misdemeanor of the fourth degree:	96329

(1) Division (B) or (C) of section 4781.16 of the Revised	96330
Code;	96331

(2) Section 4781.22 of the Revised Code;

96332

(3) Section 4781.23 of the Revised Code;

96333

(4) Division (A) of section 4781.24 of the Revised Code;

96334

(5) Section 4781.25 of the Revised Code;

96335

(6) Division (A) of section 4781.35 of the Revised Code.

96336

Sec. 4905.90. As used in sections 4905.90 to 4905.96 of the	96337
Revised Code:	96338

(A) "Contiguous property" includes, but is not limited to, a	96339
manufactured home park as defined in section ~~3733.01~~4781.01 of	96340
the Revised Code; a public or publicly subsidized housing project;	96341
an apartment complex; a condominium complex; a college or	96342
university; an office complex; a shopping center; a hotel; an	96343
industrial park; and a race track.	96344

(B) "Gas" means natural gas, flammable gas, or gas which is	96345
toxic or corrosive.	96346

(C) "Gathering lines" and the "gathering of gas" have the	96347
same meaning as in the Natural Gas Pipeline Safety Act and the	96348
rules adopted by the United States department of transportation	96349
pursuant to the Natural Gas Pipeline Safety Act, including 49	96350
C.F.R. part 192, as amended.	96351

(D) "Intrastate pipe-line transportation" has the same	96352
meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as	96353
amended, but excludes the gathering of gas exempted by the Natural	96354
Gas Pipeline Safety Act.	96355

(E) "Master-meter system" means a pipe-line system that	96356
distributes gas within a contiguous property for which the system	96357
operator purchases gas for resale to consumers, including tenants.	96358
Such pipe-line system supplies consumers who purchase the gas	96359
directly through a meter, or by paying rent, or by other means.	96360
The term includes a master-meter system as defined in 49 C.F.R.	96361
191.3, as amended. The term excludes a pipeline within a	96362
manufactured home, mobile home, or a building.	96363

(F) "Natural Gas Pipeline Safety Act" means the "Natural Gas	96364
Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App. 1671	96365
et seq., as amended.	96366

(G) "Operator" means any of the following:

96367

(1) A gas company or natural gas company as defined in	96368
section 4905.03 of the Revised Code, except that division (A)(5)	96369
of that section does not authorize the public utilities commission	96370
to relieve any producer of gas, as a gas company or natural gas	96371
company, of compliance with sections 4905.90 to 4905.96 of the	96372
Revised Code or the pipe-line safety code created under section	96373
4905.91 of the Revised Code;	96374

(2) A pipe-line company, as defined in section 4905.03 of the	96375
Revised Code, when engaged in the business of transporting gas by	96376
pipeline;	96377

(3) A public utility that is excepted from the definition of	96378
"public utility" under division (B) or (C) of section 4905.02 of	96379
the Revised Code, when engaged in supplying or transporting gas by	96380
pipeline within this state;	96381

(4) Any person that owns, operates, manages, controls, or	96382
leases any of the following:	96383

(a) Intrastate pipe-line transportation facilities within	96384
this state;	96385

(b) Gas gathering lines within this state which are not	96386
exempted by the Natural Gas Pipeline Safety Act;	96387

96388

"Operator" does not include an ultimate consumer who owns a	96389
service line, as defined in 49 C.F.R. 192.3, as amended, on the	96390
real property of that ultimate consumer.	96391

(H) "Operator of a master-meter system" means a person	96392
described under division ~~(F)~~(G)(4)(c) of this section. An operator	96393
of a master-meter system is not a public utility under section	96394
4905.02 or a gas or natural gas company under section 4905.03 of	96395
the Revised Code.	96396

(I) "Person" means:

96397

(1) In addition to those defined in division (C) of section	96398
1.59 of the Revised Code, a joint venture or a municipal	96399
corporation;	96400

(2) Any trustee, receiver, assignee, or personal	96401
representative of persons defined in division ~~(H)~~(I)(1) of this	96402
section.	96403

(J) "Safety audit" means the public utilities commission's	96404
audit of the premises, pipe-line facilities, and the records,	96405
maps, and other relevant documents of a master-meter system to	96406
determine the operator's compliance with sections 4905.90 to	96407
4905.96 of the Revised Code and the pipe-line safety code.	96408

(K) "Safety inspection" means any inspection, survey, or	96409
testing of a master-meter system which is authorized or required	96410
by sections 4905.90 to 4905.96 of the Revised Code and the	96411
pipe-line safety code. The term includes, but is not limited to,	96412
leak surveys, inspection of regulators and critical valves, and	96413
monitoring of cathodic protection systems, where applicable.	96414

(L) "Safety-related condition" means any safety-related	96415
condition defined in 49 C.F.R. 191.23, as amended.	96416

(M) "Total Mcfs of gas it supplied or delivered" means the	96417
sum of the following volumes of gas that an operator supplied or	96418
delivered, measured in units per one thousand cubic feet:	96419

(1) Residential sales;

96420

(2) Commercial and industrial sales;

96421

(3) Other sales to public authorities;

96422

(4) Interdepartmental sales;

96423

(5) Sales for resale;

96424

(6) Transportation of gas.

96425

Sec. 4906.01. As used in Chapter 4906. of the Revised Code:

96426

(A) "Person" means an individual, corporation, business	96427
trust, association, estate, trust, or partnership or any officer,	96428
board, commission, department, division, or bureau of the state or	96429
a political subdivision of the state, or any other entity.	96430

(B)(1) "Major utility facility" means:

96431

~~(1)~~(a) Electric generating plant and associated facilities	96432
designed for, or capable of, operation at a capacity of fifty	96433
megawatts or more;	96434

~~(2)~~(b) An electric transmission line and associated	96435
facilities of a design capacity of one hundred twenty-five	96436
kilovolts or more;	96437

~~(3)~~(c) A gas or natural gas transmission line and associated	96438
facilities designed for, or capable of, transporting gas or	96439
natural gas at pressures in excess of one hundred twenty-five	96440
pounds per square inch.	96441

(2) "Major utility facility" does not include ~~electric~~gas or	96442
natural gas transmission lines over which an agency of the United	96443
States has exclusive jurisdiction, any solid waste facilities as	96444
defined in section 6123.01 of the Revised Code, or either of the	96445
following as defined by the power siting board:	96446

(a) Electric, gas, natural gas distributing lines and gas or	96447
natural gas gathering lines and associated facilities ~~as defined~~	96448
~~by the power siting board, nor gas or natural gas transmission~~	96449
~~lines over which an agency of the United States has exclusive~~	96450
~~jurisdiction, nor any solid waste facilities as defined in section~~	96451
~~6123.01 of the Revised Code~~;	96452

(b) Any manufacturing facility that creates byproducts that	96453
may be used in the generation of electricity.	96454

(C) "Commence to construct" means any clearing of land,	96455
excavation, or other action that would adversely affect the	96456
natural environment of the site or route of a major utility	96457
facility, but does not include surveying changes needed for	96458
temporary use of sites or routes for nonutility purposes, or uses	96459
in securing geological data, including necessary borings to	96460
ascertain foundation conditions.	96461

(D) "Certificate" means a certificate of environmental	96462
compatibility and public need issued by the power siting board	96463
under section 4906.10 of the Revised Code or a construction	96464
certificate issued by the board under rules adopted under division	96465
(E) of section 4906.03 of the Revised Code.	96466

Sec. 4911.02. (A) The consumers' counsel shall be appointed	96467
by the consumers' counsel governing board, and shall hold office	96468
at the pleasure of the board.	96469

(B)(1) The counsel may sue or be sued and has the powers and	96470
duties granted ~~him~~the counsel under this chapter, and all	96471
necessary powers to carry out the purposes of this chapter.	96472

(2) Without limitation because of enumeration, the counsel:

96473

(a) Shall have all the rights and powers of any party in	96474
interest appearing before the public utilities commission	96475
regarding examination and cross-examination of witnesses,	96476
presentation of evidence, and other matters;	96477

(b) May take appropriate action with respect to residential	96478
consumer complaints concerning quality of service, service	96479
charges, and the operation of the public utilities commission;	96480

(c) May institute, intervene in, or otherwise participate in	96481
proceedings in both state and federal courts and administrative	96482
agencies on behalf of the residential consumers concerning review	96483
of decisions rendered by, or failure to act by, the public	96484
utilities commission;	96485

(d) May conduct long range studies concerning various topics	96486
relevant to the rates charged to ~~residenial~~residential consumers.	96487

(C) The counsel shall follow the policies of the state as set	96488
forth in Chapter 4929. of the Revised Code that involve supporting	96489
retail natural gas competition.	96490

Sec. 4911.021. The consumers' counsel shall not operate a	96491
telephone call center for consumer complaints. Any calls received	96492
by the consumers' counsel concerning consumer complaints shall be	96493
forwarded to the public utilities commission's call center.	96494

Sec. 4927.17. (A) Except as provided in sections 4927.07 and	96495
4927.12 of the Revised Code ~~and, if applicable, under rules~~	96496
~~adopted by the public utilities commission for the pilot program~~	96497
~~for community-voicemail service created in S.B. 162 of the 128th~~	96498
~~general assembly~~, a telephone company shall provide at least	96499
fifteen days' advance notice to its affected customers of any	96500
material change in the rates, terms, and conditions of a service	96501
and any change in the company's operations that are not	96502
transparent to customers and may impact service.	96503

(B) A telephone company shall inform its customers of the	96504
commission's toll-free number and e-mail address on all bills and	96505
disconnection notices and any residential customers of the office	96506
of the consumers' counsel's toll-free number and e-mail address on	96507
all residential bills and disconnection notices.	96508

Sec. 4928.01. (A) As used in this chapter:

96509

(1) "Ancillary service" means any function necessary to the	96510
provision of electric transmission or distribution service to a	96511
retail customer and includes, but is not limited to, scheduling,	96512
system control, and dispatch services; reactive supply from	96513
generation resources and voltage control service; reactive supply	96514
from transmission resources service; regulation service; frequency	96515
response service; energy imbalance service; operating	96516
reserve-spinning reserve service; operating reserve-supplemental	96517
reserve service; load following; back-up supply service;	96518
real-power loss replacement service; dynamic scheduling; system	96519
black start capability; and network stability service.	96520

(2) "Billing and collection agent" means a fully independent	96521
agent, not affiliated with or otherwise controlled by an electric	96522
utility, electric services company, electric cooperative, or	96523
governmental aggregator subject to certification under section	96524
4928.08 of the Revised Code, to the extent that the agent is under	96525
contract with such utility, company, cooperative, or aggregator	96526
solely to provide billing and collection for retail electric	96527
service on behalf of the utility company, cooperative, or	96528
aggregator.	96529

(3) "Certified territory" means the certified territory	96530
established for an electric supplier under sections 4933.81 to	96531
4933.90 of the Revised Code.	96532

(4) "Competitive retail electric service" means a component	96533
of retail electric service that is competitive as provided under	96534
division (B) of this section.	96535

(5) "Electric cooperative" means a not-for-profit electric	96536
light company that both is or has been financed in whole or in	96537
part under the "Rural Electrification Act of 1936," 49 Stat. 1363,	96538
7 U.S.C. 901, and owns or operates facilities in this state to	96539
generate, transmit, or distribute electricity, or a not-for-profit	96540
successor of such company.	96541

(6) "Electric distribution utility" means an electric utility	96542
that supplies at least retail electric distribution service.	96543

(7) "Electric light company" has the same meaning as in	96544
section 4905.03 of the Revised Code and includes an electric	96545
services company, but excludes any self-generator to the extent	96546
that it consumes electricity it so produces, sells that	96547
electricity for resale, or obtains electricity from a generating	96548
facility it hosts on its premises.	96549

(8) "Electric load center" has the same meaning as in section	96550
4933.81 of the Revised Code.	96551

(9) "Electric services company" means an electric light	96552
company that is engaged on a for-profit or not-for-profit basis in	96553
the business of supplying or arranging for the supply of only a	96554
competitive retail electric service in this state. "Electric	96555
services company" includes a power marketer, power broker,	96556
aggregator, or independent power producer but excludes an electric	96557
cooperative, municipal electric utility, governmental aggregator,	96558
or billing and collection agent.	96559

(10) "Electric supplier" has the same meaning as in section	96560
4933.81 of the Revised Code.	96561

(11) "Electric utility" means an electric light company that	96562
has a certified territory and is engaged on a for-profit basis	96563
either in the business of supplying a noncompetitive retail	96564
electric service in this state or in the businesses of supplying	96565
both a noncompetitive and a competitive retail electric service in	96566
this state. "Electric utility" excludes a municipal electric	96567
utility or a billing and collection agent.	96568

(12) "Firm electric service" means electric service other	96569
than nonfirm electric service.	96570

(13) "Governmental aggregator" means a legislative authority	96571
of a municipal corporation, a board of township trustees, or a	96572
board of county commissioners acting as an aggregator for the	96573
provision of a competitive retail electric service under authority	96574
conferred under section 4928.20 of the Revised Code.	96575

(14) A person acts "knowingly," regardless of the person's	96576
purpose, when the person is aware that the person's conduct will	96577
probably cause a certain result or will probably be of a certain	96578
nature. A person has knowledge of circumstances when the person is	96579
aware that such circumstances probably exist.	96580

(15) "Level of funding for low-income customer energy	96581
efficiency programs provided through electric utility rates" means	96582
the level of funds specifically included in an electric utility's	96583
rates on October 5, 1999, pursuant to an order of the public	96584
utilities commission issued under Chapter 4905. or 4909. of the	96585
Revised Code and in effect on October 4, 1999, for the purpose of	96586
improving the energy efficiency of housing for the utility's	96587
low-income customers. The term excludes the level of any such	96588
funds committed to a specific nonprofit organization or	96589
organizations pursuant to a stipulation or contract.	96590

(16) "Low-income customer assistance programs" means the	96591
percentage of income payment plan program, the home energy	96592
assistance program, the home weatherization assistance program,	96593
and the targeted energy efficiency and weatherization program.	96594

(17) "Market development period" for an electric utility	96595
means the period of time beginning on the starting date of	96596
competitive retail electric service and ending on the applicable	96597
date for that utility as specified in section 4928.40 of the	96598
Revised Code, irrespective of whether the utility applies to	96599
receive transition revenues under this chapter.	96600

(18) "Market power" means the ability to impose on customers	96601
a sustained price for a product or service above the price that	96602
would prevail in a competitive market.	96603

(19) "Mercantile customer" means a commercial or industrial	96604
customer if the electricity consumed is for nonresidential use and	96605
the customer consumes more than seven hundred thousand kilowatt	96606
hours per year or is part of a national account involving multiple	96607
facilities in one or more states.	96608

(20) "Municipal electric utility" means a municipal	96609
corporation that owns or operates facilities to generate,	96610
transmit, or distribute electricity.	96611

(21) "Noncompetitive retail electric service" means a	96612
component of retail electric service that is noncompetitive as	96613
provided under division (B) of this section.	96614

(22) "Nonfirm electric service" means electric service	96615
provided pursuant to a schedule filed under section 4905.30 of the	96616
Revised Code or pursuant to an arrangement under section 4905.31	96617
of the Revised Code, which schedule or arrangement includes	96618
conditions that may require the customer to curtail or interrupt	96619
electric usage during nonemergency circumstances upon notification	96620
by an electric utility.	96621

(23) "Percentage of income payment plan arrears" means funds	96622
eligible for collection through the percentage of income payment	96623
plan rider, but uncollected as of July 1, 2000.	96624

(24) "Person" has the same meaning as in section 1.59 of the	96625
Revised Code.	96626

(25) "Advanced energy project" means any technologies,	96627
products, activities, or management practices or strategies that	96628
facilitate the generation or use of electricity or energy and that	96629
reduce or support the reduction of energy consumption or support	96630
the production of clean, renewable energy for industrial,	96631
distribution, commercial, institutional, governmental, research,	96632
not-for-profit, or residential energy users, including, but not	96633
limited to, advanced energy resources and renewable energy	96634
resources. "Advanced energy project" also includes any project	96635
described in division (A), (B), or (C) of section 4928.621 of the	96636
Revised Code.	96637

(26) "Regulatory assets" means the unamortized net regulatory	96638
assets that are capitalized or deferred on the regulatory books of	96639
the electric utility, pursuant to an order or practice of the	96640
public utilities commission or pursuant to generally accepted	96641
accounting principles as a result of a prior commission	96642
rate-making decision, and that would otherwise have been charged	96643
to expense as incurred or would not have been capitalized or	96644
otherwise deferred for future regulatory consideration absent	96645
commission action. "Regulatory assets" includes, but is not	96646
limited to, all deferred demand-side management costs; all	96647
deferred percentage of income payment plan arrears;	96648
post-in-service capitalized charges and assets recognized in	96649
connection with statement of financial accounting standards no.	96650
109 (receivables from customers for income taxes); future nuclear	96651
decommissioning costs and fuel disposal costs as those costs have	96652
been determined by the commission in the electric utility's most	96653
recent rate or accounting application proceeding addressing such	96654
costs; the undepreciated costs of safety and radiation control	96655
equipment on nuclear generating plants owned or leased by an	96656
electric utility; and fuel costs currently deferred pursuant to	96657
the terms of one or more settlement agreements approved by the	96658
commission.	96659

(27) "Retail electric service" means any service involved in	96660
supplying or arranging for the supply of electricity to ultimate	96661
consumers in this state, from the point of generation to the point	96662
of consumption. For the purposes of this chapter, retail electric	96663
service includes one or more of the following "service	96664
components": generation service, aggregation service, power	96665
marketing service, power brokerage service, transmission service,	96666
distribution service, ancillary service, metering service, and	96667
billing and collection service.	96668

(28) "Starting date of competitive retail electric service"	96669
means January 1, 2001.	96670

(29) "Customer-generator" means a user of a net metering	96671
system.	96672

(30) "Net metering" means measuring the difference in an	96673
applicable billing period between the electricity supplied by an	96674
electric service provider and the electricity generated by a	96675
customer-generator that is fed back to the electric service	96676
provider.	96677

(31) "Net metering system" means a facility for the	96678
production of electrical energy that does all of the following:	96679

(a) Uses as its fuel either solar, wind, biomass, landfill	96680
gas, or hydropower, or uses a microturbine or a fuel cell;	96681

(b) Is located on a customer-generator's premises;

96682

(c) Operates in parallel with the electric utility's	96683
transmission and distribution facilities;	96684

(d) Is intended primarily to offset part or all of the	96685
customer-generator's requirements for electricity.	96686

(32) "Self-generator" means an entity in this state that owns	96687
or hosts on its premises an electric generation facility that	96688
produces electricity primarily for the owner's consumption and	96689
that may provide any such excess electricity to another entity,	96690
whether the facility is installed or operated by the owner or by	96691
an agent under a contract.	96692

(33) "Rate plan" means the standard service offer in effect	96693
on the effective date of the amendment of this section by S.B. 221	96694
of the 127th general assembly, July 31, 2008.	96695

(34) "Advanced energy resource" means any of the following:

96696

(a) Any method or any modification or replacement of any	96697
property, process, device, structure, or equipment that increases	96698
the generation output of an electric generating facility to the	96699
extent such efficiency is achieved without additional carbon	96700
dioxide emissions by that facility;	96701

(b) Any distributed generation system consisting of customer	96702
cogeneration of electricity and thermal output simultaneously;	96703

(c) Clean coal technology that includes a carbon-based	96704
product that is chemically altered before combustion to	96705
demonstrate a reduction, as expressed as ash, in emissions of	96706
nitrous oxide, mercury, arsenic, chlorine, sulfur dioxide, or	96707
sulfur trioxide in accordance with the American society of testing	96708
and materials standard D1757A or a reduction of metal oxide	96709
emissions in accordance with standard D5142 of that society, or	96710
clean coal technology that includes the design capability to	96711
control or prevent the emission of carbon dioxide, which design	96712
capability the commission shall adopt by rule and shall be based	96713
on economically feasible best available technology or, in the	96714
absence of a determined best available technology, shall be of the	96715
highest level of economically feasible design capability for which	96716
there exists generally accepted scientific opinion;	96717

(d) Advanced nuclear energy technology consisting of	96718
generation III technology as defined by the nuclear regulatory	96719
commission; other, later technology; or significant improvements	96720
to existing facilities;	96721

(e) Any fuel cell used in the generation of electricity,	96722
including, but not limited to, a proton exchange membrane fuel	96723
cell, phosphoric acid fuel cell, molten carbonate fuel cell, or	96724
solid oxide fuel cell;	96725

(f) Advanced solid waste or construction and demolition	96726
debris conversion technology, including, but not limited to,	96727
advanced stoker technology, and advanced fluidized bed	96728
gasification technology, that results in measurable greenhouse gas	96729
emissions reductions as calculated pursuant to the United States	96730
environmental protection agency's waste reduction model (WARM).	96731

(g) Demand-side management and any energy efficiency	96732
improvement.	96733

(35) "Renewable energy resource" means solar photovoltaic or	96734
solar thermal energy, wind energy, power produced by a	96735
hydroelectric facility, geothermal energy, fuel derived from solid	96736
wastes, as defined in section 3734.01 of the Revised Code, through	96737
fractionation, biological decomposition, or other process that	96738
does not principally involve combustion, biomass energy,	96739
biologically derived methane gas, or energy derived from	96740
nontreated by-products of the pulping process or wood	96741
manufacturing process, including bark, wood chips, sawdust, and	96742
lignin in spent pulping liquors, or energy or fuel derived from	96743
algae or manure from an impacted lake district created under	96744
section 353.02 of the Revised Code. "Renewable energy resource"	96745
includes, but is not limited to, any fuel cell used in the	96746
generation of electricity, including, but not limited to, a proton	96747
exchange membrane fuel cell, phosphoric acid fuel cell, molten	96748
carbonate fuel cell, or solid oxide fuel cell; wind turbine	96749
located in the state's territorial waters of Lake Erie; methane	96750
gas emitted from an abandoned coal mine; storage facility that	96751
will promote the better utilization of a renewable energy resource	96752
that primarily generates off peak; or distributed generation	96753
system used by a customer to generate electricity from any such	96754
energy. As used in division (A)(35) of this section,	96755
"hydroelectric facility" means a hydroelectric generating facility	96756
that is located at a dam on a river, or on any water discharged to	96757
a river, that is within or bordering this state or within or	96758
bordering an adjoining state and meets all of the following	96759
standards:	96760

(a) The facility provides for river flows that are not	96761
detrimental for fish, wildlife, and water quality, including	96762
seasonal flow fluctuations as defined by the applicable licensing	96763
agency for the facility.	96764

(b) The facility demonstrates that it complies with the water	96765
quality standards of this state, which compliance may consist of	96766
certification under Section 401 of the "Clean Water Act of 1977,"	96767
91 Stat. 1598, 1599, 33 U.S.C. 1341, and demonstrates that it has	96768
not contributed to a finding by this state that the river has	96769
impaired water quality under Section 303(d) of the "Clean Water	96770
Act of 1977," 114 Stat. 870, 33 U.S.C. 1313.	96771

(c) The facility complies with mandatory prescriptions	96772
regarding fish passage as required by the federal energy	96773
regulatory commission license issued for the project, regarding	96774
fish protection for riverine, anadromous, and catadromous fish.	96775

(d) The facility complies with the recommendations of the	96776
Ohio environmental protection agency and with the terms of its	96777
federal energy regulatory commission license regarding watershed	96778
protection, mitigation, or enhancement, to the extent of each	96779
agency's respective jurisdiction over the facility.	96780

(e) The facility complies with provisions of the "Endangered	96781
Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531 to 1544, as	96782
amended.	96783

(f) The facility does not harm cultural resources of the	96784
area. This can be shown through compliance with the terms of its	96785
federal energy regulatory commission license or, if the facility	96786
is not regulated by that commission, through development of a plan	96787
approved by the Ohio historic preservation office, to the extent	96788
it has jurisdiction over the facility.	96789

(g) The facility complies with the terms of its federal	96790
energy regulatory commission license or exemption that are related	96791
to recreational access, accommodation, and facilities or, if the	96792
facility is not regulated by that commission, the facility	96793
complies with similar requirements as are recommended by resource	96794
agencies, to the extent they have jurisdiction over the facility;	96795
and the facility provides access to water to the public without	96796
fee or charge.	96797

(h) The facility is not recommended for removal by any	96798
federal agency or agency of any state, to the extent the	96799
particular agency has jurisdiction over the facility.	96800

(B) For the purposes of this chapter, a retail electric	96801
service component shall be deemed a competitive retail electric	96802
service if the service component is competitive pursuant to a	96803
declaration by a provision of the Revised Code or pursuant to an	96804
order of the public utilities commission authorized under division	96805
(A) of section 4928.04 of the Revised Code. Otherwise, the service	96806
component shall be deemed a noncompetitive retail electric	96807
service.	96808

Sec. 4928.20. (A) The legislative authority of a municipal	96809
corporation may adopt an ordinance, or the board of township	96810
trustees of a township or the board of county commissioners of a	96811
county may adopt a resolution, under which, on or after the	96812
starting date of competitive retail electric service, it may	96813
aggregate in accordance with this section the retail electrical	96814
loads located, respectively, within the municipal corporation,	96815
township, or unincorporated area of the county and, for that	96816
purpose, may enter into service agreements to facilitate for those	96817
loads the sale and purchase of electricity. The legislative	96818
authority or board also may exercise such authority jointly with	96819
any other such legislative authority or board. For customers that	96820
are not mercantile customers, an ordinance or resolution under	96821
this division shall specify whether the aggregation will occur	96822
only with the prior, affirmative consent of each person owning,	96823
occupying, controlling, or using an electric load center proposed	96824
to be aggregated or will occur automatically for all such persons	96825
pursuant to the opt-out requirements of division (D) of this	96826
section. The aggregation of mercantile customers shall occur only	96827
with the prior, affirmative consent of each such person owning,	96828
occupying, controlling, or using an electric load center proposed	96829
to be aggregated. Nothing in this division, however, authorizes	96830
the aggregation of the retail electric loads of an electric load	96831
center, as defined in section 4933.81 of the Revised Code, that is	96832
located in the certified territory of a nonprofit electric	96833
supplier under sections 4933.81 to 4933.90 of the Revised Code or	96834
an electric load center served by transmission or distribution	96835
facilities of a municipal electric utility.	96836

(B) If an ordinance or resolution adopted under division (A)	96837
of this section specifies that aggregation of customers that are	96838
not mercantile customers will occur automatically as described in	96839
that division, the ordinance or resolution shall direct the board	96840
of elections to submit the question of the authority to aggregate	96841
to the electors of the respective municipal corporation, township,	96842
or unincorporated area of a county at a special election on the	96843
day of the next primary or general election in the municipal	96844
corporation, township, or county. The legislative authority or	96845
board shall certify a copy of the ordinance or resolution to the	96846
board of elections not less than ninety days before the day of the	96847
special election. No ordinance or resolution adopted under	96848
division (A) of this section that provides for an election under	96849
this division shall take effect unless approved by a majority of	96850
the electors voting upon the ordinance or resolution at the	96851
election held pursuant to this division.	96852

(C) Upon the applicable requisite authority under divisions	96853
(A) and (B) of this section, the legislative authority or board	96854
shall develop a plan of operation and governance for the	96855
aggregation program so authorized. Before adopting a plan under	96856
this division, the legislative authority or board shall hold at	96857
least two public hearings on the plan. Before the first hearing,	96858
the legislative authority or board shall publish notice of the	96859
hearings once a week for two consecutive weeks in a newspaper of	96860
general circulation in the jurisdiction or as provided in section	96861
7.16 of the Revised Code. The notice shall summarize the plan and	96862
state the date, time, and location of each hearing.	96863

(D) No legislative authority or board, pursuant to an	96864
ordinance or resolution under divisions (A) and (B) of this	96865
section that provides for automatic aggregation of customers that	96866
are not mercantile customers as described in division (A) of this	96867
section, shall aggregate the electrical load of any electric load	96868
center located within its jurisdiction unless it in advance	96869
clearly discloses to the person owning, occupying, controlling, or	96870
using the load center that the person will be enrolled	96871
automatically in the aggregation program and will remain so	96872
enrolled unless the person affirmatively elects by a stated	96873
procedure not to be so enrolled. The disclosure shall state	96874
prominently the rates, charges, and other terms and conditions of	96875
enrollment. The stated procedure shall allow any person enrolled	96876
in the aggregation program the opportunity to opt out of the	96877
program every three years, without paying a switching fee. Any	96878
such person that opts out before the commencement of the	96879
aggregation program pursuant to the stated procedure shall default	96880
to the standard service offer provided under section 4928.14 or	96881
division (D) of section 4928.35 of the Revised Code until the	96882
person chooses an alternative supplier.	96883

(E)(1) With respect to a governmental aggregation for a	96884
municipal corporation that is authorized pursuant to divisions (A)	96885
to (D) of this section, resolutions may be proposed by initiative	96886
or referendum petitions in accordance with sections 731.28 to	96887
731.41 of the Revised Code.	96888

(2) With respect to a governmental aggregation for a township	96889
or the unincorporated area of a county, which aggregation is	96890
authorized pursuant to divisions (A) to (D) of this section,	96891
resolutions may be proposed by initiative or referendum petitions	96892
in accordance with sections 731.28 to 731.40 of the Revised Code,	96893
except that:	96894

(a) The petitions shall be filed, respectively, with the	96895
township fiscal officer or the board of county commissioners, who	96896
shall perform those duties imposed under those sections upon the	96897
city auditor or village clerk.	96898

(b) The petitions shall contain the signatures of not less	96899
than ten per cent of the total number of electors in,	96900
respectively, the township or the unincorporated area of the	96901
county who voted for the office of governor at the preceding	96902
general election for that office in that area.	96903

(F) A governmental aggregator under division (A) of this	96904
section is not a public utility engaging in the wholesale purchase	96905
and resale of electricity, and provision of the aggregated service	96906
is not a wholesale utility transaction. A governmental aggregator	96907
shall be subject to supervision and regulation by the public	96908
utilities commission only to the extent of any competitive retail	96909
electric service it provides and commission authority under this	96910
chapter.	96911

(G) This section does not apply in the case of a municipal	96912
corporation that supplies such aggregated service to electric load	96913
centers to which its municipal electric utility also supplies a	96914
noncompetitive retail electric service through transmission or	96915
distribution facilities the utility singly or jointly owns or	96916
operates.	96917

(H) A governmental aggregator shall not include in its	96918
aggregation the accounts of any of the following:	96919

(1) A customer that has opted out of the aggregation;

96920

(2) A customer in contract with a certified electric services	96921
company;	96922

(3) A customer that has a special contract with an electric	96923
distribution utility;	96924

(4) A customer that is not located within the governmental	96925
aggregator's governmental boundaries;	96926

(5) Subject to division (C) of section 4928.21 of the Revised	96927
Code, a customer who appears on the "do not aggregate" list	96928
maintained under that section.	96929

(I) Customers that are part of a governmental aggregation	96930
under this section shall be responsible only for such portion of a	96931
surcharge under section 4928.144 of the Revised Code that is	96932
proportionate to the benefits, as determined by the commission,	96933
that electric load centers within the jurisdiction of the	96934
governmental aggregation as a group receive. The proportionate	96935
surcharge so established shall apply to each customer of the	96936
governmental aggregation while the customer is part of that	96937
aggregation. If a customer ceases being such a customer, the	96938
otherwise applicable surcharge shall apply. Nothing in this	96939
section shall result in less than full recovery by an electric	96940
distribution utility of any surcharge authorized under section	96941
4928.144 of the Revised Code.	96942

(J) On behalf of the customers that are part of a	96943
governmental aggregation under this section and by filing written	96944
notice with the public utilities commission, the legislative	96945
authority that formed or is forming that governmental aggregation	96946
may elect not to receive standby service within the meaning of	96947
division (B)(2)(d) of section 4928.143 of the Revised Code from an	96948
electric distribution utility in whose certified territory the	96949
governmental aggregation is located and that operates under an	96950
approved electric security plan under that section. Upon the	96951
filing of that notice, the electric distribution utility shall not	96952
charge any such customer to whom competitive retail electric	96953
generation service is provided by another supplier under the	96954
governmental aggregation for the standby service. Any such	96955
consumer that returns to the utility for competitive retail	96956
electric service shall pay the market price of power incurred by	96957
the utility to serve that consumer plus any amount attributable to	96958
the utility's cost of compliance with the alternative energy	96959
resource provisions of section 4928.64 of the Revised Code to	96960
serve the consumer. Such market price shall include, but not be	96961
limited to, capacity and energy charges; all charges associated	96962
with the provision of that power supply through the regional	96963
transmission organization, including, but not limited to,	96964
transmission, ancillary services, congestion, and settlement and	96965
administrative charges; and all other costs incurred by the	96966
utility that are associated with the procurement, provision, and	96967
administration of that power supply, as such costs may be approved	96968
by the commission. The period of time during which the market	96969
price and alternative energy resource amount shall be so assessed	96970
on the consumer shall be from the time the consumer so returns to	96971
the electric distribution utility until the expiration of the	96972
electric security plan. However, if that period of time is	96973
expected to be more than two years, the commission may reduce the	96974
time period to a period of not less than two years.	96975

(K) The commission shall adopt rules to encourage and promote	96976
large-scale governmental aggregation in this state. For that	96977
purpose, the commission shall conduct an immediate review of any	96978
rules it has adopted for the purpose of this section that are in	96979
effect on the effective date of the amendment of this section by	96980
S.B. 221 of the 127th general assembly, July 31, 2008. Further,	96981
within the context of an electric security plan under section	96982
4928.143 of the Revised Code, the commission shall consider the	96983
effect on large-scale governmental aggregation of any	96984
nonbypassable generation charges, however collected, that would be	96985
established under that plan, except any nonbypassable generation	96986
charges that relate to any cost incurred by the electric	96987
distribution utility, the deferral of which has been authorized by	96988
the commission prior to the effective date of the amendment of	96989
this section by S.B. 221 of the 127th general assembly, July 31,	96990
2008.	96991

Sec. 4929.26. (A)(1) The legislative authority of a	96992
municipal corporation may adopt an ordinance, or the board of	96993
township trustees of a township or the board of county	96994
commissioners of a county may adopt a resolution, under which, in	96995
accordance with this section and except as otherwise provided in	96996
division (A)(2) of this section, the legislative authority or	96997
board may aggregate automatically, subject to the opt-out	96998
requirements of division (D) of this section, competitive retail	96999
natural gas service for the retail natural gas loads that are	97000
located, respectively, within the municipal corporation, township,	97001
or unincorporated area of the county and for which there is a	97002
choice of supplier of that service as a result of revised	97003
schedules approved under division (C) of section 4929.29 of the	97004
Revised Code, a rule or order adopted or issued by the commission	97005
under Chapter 4905. of the Revised Code, or an exemption granted	97006
by the commission under sections 4929.04 to 4929.08 of the Revised	97007
Code. An ordinance or a resolution adopted under this section	97008
shall expressly state that it is adopted pursuant to the authority	97009
conferred by this section. The legislative authority or board also	97010
may exercise its authority under this section jointly with any	97011
other such legislative authority or board. For the purpose of the	97012
aggregation, the legislative authority or board may enter into	97013
service agreements to facilitate the sale and purchase of the	97014
service for the retail natural gas loads.	97015

(2)(a) No aggregation under an ordinance or resolution	97016
adopted under division (A)(1) of this section shall include the	97017
retail natural gas load of any person that meets any of the	97018
following criteria:	97019

(i) The person is both a distribution service customer and a	97020
mercantile customer on the date of commencement of service to the	97021
aggregated load, or the person becomes a distribution service	97022
customer after that date and also is a mercantile customer.	97023

(ii) The person is supplied with commodity sales service	97024
pursuant to a contract with a retail natural gas supplier that is	97025
in effect on the effective date of the ordinance or resolution.	97026

(iii) The person is supplied with commodity sales service as	97027
part of a retail natural gas load aggregation provided for	97028
pursuant to a rule or order adopted or issued by the commission	97029
under this chapter or Chapter 4905. of the Revised Code.	97030

(b) Nothing in division (A)(2)(a) of this section precludes a	97031
governmental aggregation under this section from permitting the	97032
retail natural gas load of a person described in division	97033
(A)(2)(a) of this section from being included in the aggregation	97034
upon the expiration of any contract or aggregation as described in	97035
division (A)(2)(a)(ii) or (iii) of this section or upon the person	97036
no longer being a customer as described in division (A)(2)(a)(i)	97037
of this section or qualifying to be included in an aggregation	97038
described under division (A)(2)(a)(iii) of this section.	97039

(B) An ordinance or resolution adopted under division (A) of	97040
this section shall direct the board of elections to submit the	97041
question of the authority to aggregate to the electors of the	97042
respective municipal corporation, township, or unincorporated area	97043
of a county at a special election on the day of the next primary	97044
or general election in the municipal corporation, township, or	97045
county. The legislative authority or board shall certify a copy of	97046
the ordinance or resolution to the board of elections not less	97047
than ninety days before the day of the special election. No	97048
ordinance or resolution adopted under division (A) of this section	97049
that provides for an election under this division shall take	97050
effect unless approved by a majority of the electors voting upon	97051
the ordinance or resolution at the election held pursuant to this	97052
division.	97053

(C) Upon the applicable requisite authority under divisions	97054
(A) and (B) of this section, the legislative authority or board	97055
shall develop a plan of operation and governance for the	97056
aggregation program so authorized. Before adopting a plan under	97057
this division, the legislative authority or board shall hold at	97058
least two public hearings on the plan. Before the first hearing,	97059
the legislative authority or board shall publish notice of the	97060
hearings once a week for two consecutive weeks in a newspaper of	97061
general circulation in the jurisdiction or as provided in section	97062
7.16 of the Revised Code. The notice shall summarize the plan and	97063
state the date, time, and location of each hearing.	97064

(D) No legislative authority or board, pursuant to an	97065
ordinance or resolution under divisions (A) and (B) of this	97066
section, shall aggregate any retail natural gas load located	97067
within its jurisdiction unless it in advance clearly discloses to	97068
the person whose retail natural gas load is to be so aggregated	97069
that the person will be enrolled automatically in the aggregation	97070
and will remain so enrolled unless the person affirmatively elects	97071
by a stated procedure not to be so enrolled. The disclosure shall	97072
state prominently the rates, charges, and other terms and	97073
conditions of enrollment. The stated procedure shall allow any	97074
person enrolled in the aggregation the opportunity to opt out of	97075
the aggregation every two years, without paying a switching fee.	97076
Any such person that opts out of the aggregation pursuant to the	97077
stated procedure shall default to the natural gas company	97078
providing distribution service for the person's retail natural gas	97079
load, until the person chooses an alternative supplier.	97080

(E)(1) With respect to a governmental aggregation for a	97081
municipal corporation that is authorized pursuant to divisions (A)	97082
to (D) of this section, resolutions may be proposed by initiative	97083
or referendum petitions in accordance with sections 731.28 to	97084
731.41 of the Revised Code.	97085

(2) With respect to a governmental aggregation for a township	97086
or the unincorporated area of a county, which aggregation is	97087
authorized pursuant to divisions (A) to (D) of this section,	97088
resolutions may be proposed by initiative or referendum petitions	97089
in accordance with sections 731.28 to 731.40 of the Revised Code,	97090
except that:	97091

(a) The petitions shall be filed, respectively, with the	97092
township fiscal officer or the board of county commissioners, who	97093
shall perform those duties imposed under those sections upon the	97094
city auditor or village clerk.	97095

(b) The petitions shall contain the signatures of not less	97096
than ten per cent of the total number of electors in the township	97097
or the unincorporated area of the county, respectively, who voted	97098
for the office of governor at the preceding general election for	97099
that office in that area.	97100

(F) A governmental aggregator under division (A) of this	97101
section is not a public utility engaging in the wholesale purchase	97102
and resale of natural gas, and provision of the aggregated service	97103
is not a wholesale utility transaction. A governmental aggregator	97104
shall be subject to supervision and regulation by the public	97105
utilities commission only to the extent of any competitive retail	97106
natural gas service it provides and commission authority under	97107
this chapter.	97108

Sec. 4929.27. (A)(1) The legislative authority of a	97109
municipal corporation may adopt an ordinance, or the board of	97110
township trustees of a township or the board of county	97111
commissioners of a county may adopt a resolution, under which, in	97112
accordance with this section and except as otherwise provided in	97113
division (A)(2) of this section, the legislative authority or	97114
board may aggregate, with the prior consent of each person whose	97115
retail natural gas load is proposed to be aggregated, competitive	97116
retail natural gas service for any such retail natural gas load	97117
that is located, respectively, within the municipal corporation,	97118
township, or unincorporated area of the county and for which there	97119
is a choice of supplier of that service as a result of revised	97120
schedules approved under division (C) of section 4929.29 of the	97121
Revised Code, a rule or order adopted or issued by the commission	97122
under Chapter 4905. of the Revised Code, or an exemption granted	97123
by the commission under sections 4929.04 to 4929.08 of the Revised	97124
Code. An ordinance or a resolution adopted under this section	97125
shall expressly state that it is adopted pursuant to the authority	97126
conferred by this section. The legislative authority or board also	97127
may exercise such authority jointly with any other such	97128
legislative authority or board. For the purpose of the	97129
aggregation, the legislative authority or board may enter into	97130
service agreements to facilitate the sale and purchase of the	97131
service for the retail natural gas loads.	97132

(2)(a) No aggregation under an ordinance or resolution	97133
adopted under division (A)(1) of this section shall include the	97134
retail natural gas load of any person that meets either of the	97135
following criteria:	97136

(i) The person is supplied with commodity sales service	97137
pursuant to a contract with a retail natural gas supplier that is	97138
in effect on the effective date of the ordinance or resolution.	97139

(ii) The person is supplied with commodity sales service as	97140
part of a retail natural gas load aggregation provided for	97141
pursuant to a rule or order adopted or issued by the commission	97142
under this chapter or Chapter 4905. of the Revised Code.	97143

(b) Nothing in division (A)(2)(a) of this section precludes a	97144
governmental aggregation under this section from permitting the	97145
retail natural gas load of a person described in division	97146
(A)(2)(a) of this section from being included in the aggregation	97147
upon the expiration of any contract or aggregation as described in	97148
division (A)(2)(a)(i) or (ii) of this section or upon the person	97149
no longer qualifying to be included in an aggregation.	97150

(B) Upon the applicable requisite authority under division	97151
(A) of this section, the legislative authority or board shall	97152
develop a plan of operation and governance for the aggregation	97153
program so authorized. Before adopting a plan under this division,	97154
the legislative authority or board shall hold at least two public	97155
hearings on the plan. Before the first hearing, the legislative	97156
authority or board shall publish notice of the hearings once a	97157
week for two consecutive weeks in a newspaper of general	97158
circulation in the jurisdiction or as provided in section 7.16 of	97159
the Revised Code. The notice shall summarize the plan and state	97160
the date, time, and location of each hearing.	97161

(C)(1) With respect to a governmental aggregation for a	97162
municipal corporation that is authorized pursuant to division (A)	97163
of this section, resolutions may be proposed by initiative or	97164
referendum petitions in accordance with sections 731.28 to 731.41	97165
of the Revised Code.	97166

(2) With respect to a governmental aggregation for a township	97167
or the unincorporated area of a county, which aggregation is	97168
authorized pursuant to division (A) of this section, resolutions	97169
may be proposed by initiative or referendum petitions in	97170
accordance with sections 731.28 to 731.40 of the Revised Code,	97171
except that:	97172

(a) The petitions shall be filed, respectively, with the	97173
township fiscal officer or the board of county commissioners, who	97174
shall perform those duties imposed under those sections upon the	97175
city auditor or village clerk.	97176

(b) The petitions shall contain the signatures of not less	97177
than ten per cent of the total number of electors in the township	97178
or the unincorporated area of the county, respectively, who voted	97179
for the office of governor at the preceding general election for	97180
that office in that area.	97181

(D) A governmental aggregator under division (A) of this	97182
section is not a public utility engaging in the wholesale purchase	97183
and resale of natural gas, and provision of the aggregated service	97184
is not a wholesale utility transaction. A governmental aggregator	97185
shall be subject to supervision and regulation by the public	97186
utilities commission only to the extent of any competitive retail	97187
natural gas service it provides and commission authority under	97188
this chapter.	97189

Sec. 4931.40. As used in sections 4931.40 to 4931.70 of the	97190
Revised Code:	97191

(A) "9-1-1 system" means a system through which individuals	97192
can request emergency service using the telephone number 9-1-1.	97193

(B) "Basic 9-1-1" means a 9-1-1 system in which a caller	97194
provides information on the nature of and the location of an	97195
emergency, and the personnel receiving the call must determine the	97196
appropriate emergency service provider to respond at that	97197
location.	97198

(C) "Enhanced 9-1-1" means a 9-1-1 system capable of	97199
providing both enhanced wireline 9-1-1 and wireless enhanced	97200
9-1-1.	97201

(D) "Enhanced wireline 9-1-1" means a 9-1-1 system in which	97202
the wireline telephone network, in providing wireline 9-1-1,	97203
automatically routes the call to emergency service providers that	97204
serve the location from which the call is made and immediately	97205
provides to personnel answering the 9-1-1 call information on the	97206
location and the telephone number from which the call is being	97207
made.	97208

(E) "Wireless enhanced 9-1-1" means a 9-1-1 system that, in	97209
providing wireless 9-1-1, has the capabilities of phase I and, to	97210
the extent available, phase II enhanced 9-1-1 services as	97211
described in 47 C.F.R. 20.18 (d) to (h).	97212

(F)(1) "Wireless service" means federally licensed commercial	97213
mobile service as defined in 47 U.S.C. 332(d) and further defined	97214
as commercial mobile radio service in 47 C.F.R. 20.3, and includes	97215
service provided by any wireless, two-way communications device,	97216
including a radio-telephone communications line used in cellular	97217
telephone service or personal communications service, a network	97218
radio access line, or any functional or competitive equivalent of	97219
such a radio-telephone communications or network radio access	97220
line.	97221

(2) Nothing in sections 4931.40 to 4931.70 of the Revised	97222
Code applies to paging or any service that cannot be used to call	97223
9-1-1.	97224

(G) "Wireless service provider" means a facilities-based	97225
provider of wireless service to one or more end users in this	97226
state.	97227

(H) "Wireless 9-1-1" means the emergency calling service	97228
provided by a 9-1-1 system pursuant to a call originating in the	97229
network of a wireless service provider.	97230

(I) "Wireline 9-1-1" means the emergency calling service	97231
provided by a 9-1-1 system pursuant to a call originating in the	97232
network of a wireline service provider.	97233

(J) "Wireline service provider" means a facilities-based	97234
provider of wireline service to one or more end-users in this	97235
state.	97236

(K) "Wireline service" means basic local exchange service, as	97237
defined in section 4927.01 of the Revised Code, that is	97238
transmitted by means of interconnected wires or cables by a	97239
wireline service provider authorized by the public utilities	97240
commission.	97241

(L) "Wireline telephone network" means the selective router	97242
and data base processing systems, trunking and data wiring cross	97243
connection points at the public safety answering point, and all	97244
other voice and data components of the 9-1-1 system.	97245

(M) "Subdivision" means a county, municipal corporation,	97246
township, township fire district, joint fire district, township	97247
police district, joint police district, joint ambulance district,	97248
or joint emergency medical services district that provides	97249
emergency service within its territory, or that contracts with	97250
another municipal corporation, township, or district or with a	97251
private entity to provide such service; and a state college or	97252
university, port authority, or park district of any kind that	97253
employs law enforcement officers that act as the primary police	97254
force on the grounds of the college or university or port	97255
authority or in the parks operated by the district.	97256

(N) "Emergency service" means emergency law enforcement,	97257
firefighting, ambulance, rescue, and medical service.	97258

(O) "Emergency service provider" means the state highway	97259
patrol and an emergency service department or unit of a	97260
subdivision or that provides emergency service to a subdivision	97261
under contract with the subdivision.	97262

(P) "Public safety answering point" means a facility to which	97263
9-1-1 system calls for a specific territory are initially routed	97264
for response and where personnel respond to specific requests for	97265
emergency service by directly dispatching the appropriate	97266
emergency service provider, relaying a message to the appropriate	97267
provider, or transferring the call to the appropriate provider.	97268

(Q) "Customer premises equipment" means telecommunications	97269
equipment, including telephone instruments, on the premises of a	97270
public safety answering point that is used in answering and	97271
responding to 9-1-1 system calls.	97272

(R) "Municipal corporation in the county" includes any	97273
municipal corporation that is wholly contained in the county and	97274
each municipal corporation located in more than one county that	97275
has a greater proportion of its territory in the county to which	97276
the term refers than in any other county.	97277

(S) "Board of county commissioners" includes the legislative	97278
authority of a county established under Section 3 of Article X,	97279
Ohio Constitution, or Chapter 302. of the Revised Code.	97280

(T) "Final plan" means a final plan adopted under division	97281
(B) of section 4931.44 of the Revised Code and, except as	97282
otherwise expressly provided, an amended final plan adopted under	97283
section 4931.45 of the Revised Code.	97284

(U) "Subdivision served by a public safety answering point"	97285
means a subdivision that provides emergency service for any part	97286
of its territory that is located within the territory of a public	97287
safety answering point whether the subdivision provides the	97288
emergency service with its own employees or pursuant to a	97289
contract.	97290

(V) A township's population includes only population of the	97291
unincorporated portion of the township.	97292

(W) "Telephone company" means a company engaged in the	97293
business of providing local exchange telephone service by making	97294
available or furnishing access and a dial tone to persons within a	97295
local calling area for use in originating and receiving voice	97296
grade communications over a switched network operated by the	97297
provider of the service within the area and gaining access to	97298
other telecommunications services. "Telephone company" includes a	97299
wireline service provider and a wireless service provider unless	97300
otherwise expressly specified. For purposes of sections 4931.52	97301
and 4931.53 of the Revised Code, "telephone company" means a	97302
wireline service provider.	97303

Sec. 4931.51. (A)(1) For the purpose of paying the costs of	97304
establishing, equipping, and furnishing one or more public safety	97305
answering points as part of a countywide 9-1-1 system effective	97306
under division (B) of section 4931.44 of the Revised Code and	97307
paying the expense of administering and enforcing this section,	97308
the board of county commissioners of a county, in accordance with	97309
this section, may fix and impose, on each lot or parcel of real	97310
property in the county that is owned by a person, municipal	97311
corporation, township, or other political subdivision and is	97312
improved, or is in the process of being improved, reasonable	97313
charges to be paid by each such owner. The charges shall be	97314
sufficient to pay only the estimated allowed costs and shall be	97315
equal in amount for all such lots or parcels.	97316

(2) For the purpose of paying the costs of operating and	97317
maintaining the answering points and paying the expense of	97318
administering and enforcing this section, the board, in accordance	97319
with this section, may fix and impose reasonable charges to be	97320
paid by each owner, as provided in division (A)(1) of this	97321
section, that shall be sufficient to pay only the estimated	97322
allowed costs and shall be equal in amount for all such lots or	97323
parcels. The board may fix and impose charges under this division	97324
pursuant to a resolution adopted for the purposes of both	97325
divisions (A)(1) and (2) of this section or pursuant to a	97326
resolution adopted solely for the purpose of division (A)(2) of	97327
this section, and charges imposed under division (A)(2) of this	97328
section may be separately imposed or combined with charges imposed	97329
under division (A)(1) of this section.	97330

(B) Any board adopting a resolution under this section	97331
pursuant to a final plan initiating the establishment of a 9-1-1	97332
system or pursuant to an amendment to a final plan shall adopt the	97333
resolution within sixty days after the board receives the final	97334
plan for the 9-1-1 system pursuant to division (C) of section	97335
4931.43 of the Revised Code. The board by resolution may change	97336
any charge imposed under this section whenever the board considers	97337
it advisable. Any resolution adopted under this section shall	97338
declare whether securities will be issued under Chapter 133. of	97339
the Revised Code in anticipation of the collection of unpaid	97340
special assessments levied under this section.	97341

(C) The board shall adopt a resolution under this section at	97342
a public meeting held in accordance with section 121.22 of the	97343
Revised Code. Additionally, the board, before adopting any such	97344
resolution, shall hold at least two public hearings on the	97345
proposed charges. Prior to the first hearing, the board shall	97346
publish notice of the hearings once a week for two consecutive	97347
weeks in a newspaper of general circulation in the county or as	97348
provided in section 7.16 of the Revised Code. The notice shall	97349
include a listing of the charges proposed in the resolution and	97350
the date, time, and location of each of the hearings. The board	97351
shall hear any person who wishes to testify on the charges or the	97352
resolution.	97353

(D) No resolution adopted under this section shall be	97354
effective sooner than thirty days following its adoption nor shall	97355
any such resolution be adopted as an emergency measure. The	97356
resolution is subject to a referendum in accordance with sections	97357
305.31 to 305.41 of the Revised Code unless, in the resolution,	97358
the board of county commissioners directs the board of elections	97359
of the county to submit the question of imposing the charges to	97360
the electors of the county at the next primary or general election	97361
in the county occurring not less than ninety days after the	97362
resolution is certified to the board. No resolution shall go into	97363
effect unless approved by a majority of those voting upon it in	97364
any election allowed under this division.	97365

(E) To collect charges imposed under division (A) of this	97366
section, the board of county commissioners shall certify them to	97367
the county auditor of the county who then shall place them upon	97368
the real property duplicate against the properties to be assessed,	97369
as provided in division (A) of this section. Each assessment shall	97370
bear interest at the same rate that securities issued in	97371
anticipation of the collection of the assessments bear, is a lien	97372
on the property assessed from the date placed upon the real	97373
property duplicate by the auditor, and shall be collected in the	97374
same manner as other taxes.	97375

(F) All money collected by or on behalf of a county under	97376
this section shall be paid to the county treasurer of the county	97377
and kept in a separate and distinct fund to the credit of the	97378
county. The fund shall be used to pay the costs allowed in	97379
division (A) of this section and specified in the resolution	97380
adopted under that division. In no case shall any surplus so	97381
collected be expended for other than the use and benefit of the	97382
county.	97383

Sec. 4931.52. (A) This section applies only to a county that	97384
meets both of the following conditions:	97385

(1) A final plan for a countywide 9-1-1 system either has not	97386
been approved in the county under section 4931.44 of the Revised	97387
Code or has been approved but has not been put into operation	97388
because of a lack of funding;	97389

(2) The board of county commissioners, at least once, has	97390
submitted to the electors of the county the question of raising	97391
funds for a 9-1-1 system under section 4931.51, 5705.19, or	97392
5739.026 of the Revised Code, and a majority of the electors has	97393
disapproved the question each time it was submitted.	97394

(B) A board of county commissioners may adopt a resolution	97395
imposing a monthly charge on telephone access lines to pay for the	97396
equipment costs of establishing and maintaining no more than three	97397
public safety answering points of a countywide 9-1-1 system, which	97398
public safety answering points shall be only twenty-four-hour	97399
dispatching points already existing in the county. The resolution	97400
shall state the amount of the charge, which shall not exceed fifty	97401
cents per month, and the month the charge will first be imposed,	97402
which shall be no earlier than four months after the special	97403
election held pursuant to this section. Each residential and	97404
business telephone company customer within the area served by the	97405
9-1-1 system shall pay the monthly charge for each of its	97406
residential or business customer access lines or their equivalent.	97407

Before adopting a resolution under this division, the board	97408
of county commissioners shall hold at least two public hearings on	97409
the proposed charge. Before the first hearing, the board shall	97410
publish notice of the hearings once a week for two consecutive	97411
weeks in a newspaper of general circulation in the county or as	97412
provided in section 7.16 of the Revised Code. The notice shall	97413
state the amount of the proposed charge, an explanation of the	97414
necessity for the charge, and the date, time, and location of each	97415
of the hearings.	97416

(C) A resolution adopted under division (B) of this section	97417
shall direct the board of elections to submit the question of	97418
imposing the charge to the electors of the county at a special	97419
election on the day of the next primary or general election in the	97420
county. The board of county commissioners shall certify a copy of	97421
the resolution to the board of elections not less than ninety days	97422
before the day of the special election. No resolution adopted	97423
under division (B) of this section shall take effect unless	97424
approved by a majority of the electors voting upon the resolution	97425
at an election held pursuant to this section.	97426

In any year, the board of county commissioners may impose a	97427
lesser charge than the amount originally approved by the electors.	97428
The board may change the amount of the charge no more than once a	97429
year. The board may not impose a charge greater than the amount	97430
approved by the electors without first holding an election on the	97431
question of the greater charge.	97432

(D) Money raised from a monthly charge on telephone access	97433
lines under this section shall be deposited into a special fund	97434
created in the county treasury by the board of county	97435
commissioners pursuant to section 5705.12 of the Revised Code, to	97436
be used only for the necessary equipment costs of establishing and	97437
maintaining no more than three public safety answering points of a	97438
countywide 9-1-1 system pursuant to a resolution adopted under	97439
division (B) of this section. In complying with this division, any	97440
county may seek the assistance of the public utilities commission	97441
with regard to operating and maintaining a 9-1-1 system.	97442

(E) Pursuant to the voter approval required by division (C)	97443
of this section, the final plan for a countywide 9-1-1 system that	97444
will be funded through a monthly charge imposed in accordance with	97445
this section shall be amended by the existing 9-1-1 planning	97446
committee, and the amendment of such a final plan is not an	97447
amendment of a final plan for the purpose of division (A) of	97448
section 4931.45 of the Revised Code.	97449

Sec. 4931.53. (A) This section applies only to a county that	97450
has a final plan for a countywide 9-1-1 system that either has not	97451
been approved in the county under section 4931.44 of the Revised	97452
Code or has been approved but has not been put into operation	97453
because of a lack of funding.	97454

(B) A board of county commissioners may adopt a resolution	97455
imposing a monthly charge on telephone access lines to pay for the	97456
operating and equipment costs of establishing and maintaining no	97457
more than one public safety answering point of a countywide 9-1-1	97458
system. The resolution shall state the amount of the charge, which	97459
shall not exceed fifty cents per month, and the month the charge	97460
will first be imposed, which shall be no earlier than four months	97461
after the special election held pursuant to this section. Each	97462
residential and business telephone company customer within the	97463
area of the county served by the 9-1-1 system shall pay the	97464
monthly charge for each of its residential or business customer	97465
access lines or their equivalent.	97466

Before adopting a resolution under this division, the board	97467
of county commissioners shall hold at least two public hearings on	97468
the proposed charge. Before the first hearing, the board shall	97469
publish notice of the hearings once a week for two consecutive	97470
weeks in a newspaper of general circulation in the county or as	97471
provided in section 7.16 of the Revised Code. The notice shall	97472
state the amount of the proposed charge, an explanation of the	97473
necessity for the charge, and the date, time, and location of each	97474
of the hearings.	97475

(C) A resolution adopted under division (B) of this section	97476
shall direct the board of elections to submit the question of	97477
imposing the charge to the electors of the county at a special	97478
election on the day of the next primary or general election in the	97479
county. The board of county commissioners shall certify a copy of	97480
the resolution to the board of elections not less than ninety days	97481
before the day of the special election. No resolution adopted	97482
under division (B) of this section shall take effect unless	97483
approved by a majority of the electors voting upon the resolution	97484
at an election held pursuant to this section.	97485

In any year, the board of county commissioners may impose a	97486
lesser charge than the amount originally approved by the electors.	97487
The board may change the amount of the charge no more than once a	97488
year. The board shall not impose a charge greater than the amount	97489
approved by the electors without first holding an election on the	97490
question of the greater charge.	97491

(D) Money raised from a monthly charge on telephone access	97492
lines under this section shall be deposited into a special fund	97493
created in the county treasury by the board of county	97494
commissioners pursuant to section 5705.12 of the Revised Code, to	97495
be used only for the necessary operating and equipment costs of	97496
establishing and maintaining no more than one public safety	97497
answering point of a countywide 9-1-1 system pursuant to a	97498
resolution adopted under division (B) of this section. In	97499
complying with this division, any county may seek the assistance	97500
of the public utilities commission with regard to operating and	97501
maintaining a 9-1-1 system.	97502

(E) Nothing in sections 4931.40 to 4931.53 of the Revised	97503
Code precludes a final plan adopted in accordance with those	97504
sections from being amended to provide that, by agreement included	97505
in the plan, a public safety answering point of another countywide	97506
9-1-1 system is the public safety answering point of a countywide	97507
9-1-1 system funded through a monthly charge imposed in accordance	97508
with this section. In that event, the county for which the public	97509
safety answering point is provided shall be deemed the subdivision	97510
operating the public safety answering point for purposes of	97511
sections 4931.40 to 4931.53 of the Revised Code, except that, for	97512
the purpose of division (D) of section 4931.41 of the Revised	97513
Code, the county shall pay only so much of the costs associated	97514
with establishing, equipping, furnishing, operating, or	97515
maintaining the public safety answering point specified in the	97516
agreement included in the final plan.	97517

(F) Pursuant to the voter approval required by division (C)	97518
of this section, the final plan for a countywide 9-1-1 system that	97519
will be funded through a monthly charge imposed in accordance with	97520
this section, or that will be amended to include an agreement	97521
described in division (E) of this section, shall be amended by the	97522
existing 9-1-1 planning committee, and the amendment of such a	97523
final plan is not an amendment of a final plan for the purpose of	97524
division (A) of section 4931.45 of the Revised Code.	97525

Sec. 5101.16. (A) As used in this section and sections	97526
5101.161 and 5101.162 of the Revised Code:	97527

(1) "Disability financial assistance" means the financial	97528
assistance program established under Chapter 5115. of the Revised	97529
Code.	97530

(2) " Supplemental nutrition assistance program" means the	97531
program administered by the department of job and family services	97532
pursuant to section 5101.54 of the Revised Code.	97533

(3) "Medicaid" means the medical assistance program	97534
established by Chapter 5111. of the Revised Code, excluding	97535
transportation services provided under that chapter.	97536

(4) "Ohio works first" means the program established by	97537
Chapter 5107. of the Revised Code.	97538

(5) "Prevention, retention, and contingency" means the	97539
program established by Chapter 5108. of the Revised Code.	97540

(6) "Public assistance expenditures" means expenditures for	97541
all of the following:	97542

(a) Ohio works first;

97543

(b) County administration of Ohio works first;

97544

97545

(d) County administration of prevention, retention, and	97546
contingency;	97547

(e) Disability financial assistance;

97548

(f) County administration of disability financial assistance;

97549

(g) County administration of the supplemental nutrition	97550
assistance program;	97551

(h) County administration of medicaid.

97552

(7) "Title IV-A program" has the same meaning as in section	97553
5101.80 of the Revised Code.	97554

(B) Each board of county commissioners shall pay the county	97555
share of public assistance expenditures in accordance with section	97556
5101.161 of the Revised Code. Except as provided in division (C)	97557
of this section, a county's share of public assistance	97558
expenditures is the sum of all of the following for state fiscal	97559
year 1998 and each state fiscal year thereafter:	97560

(1) The amount that is twenty-five per cent of the county's	97561
total expenditures for disability financial assistance and county	97562
administration of that program during the state fiscal year ending	97563
in the previous calendar year that the department of job and	97564
family services determines are allowable.	97565

(2) The amount that is ten per cent, or other percentage	97566
determined under division (D) of this section, of the county's	97567
total expenditures for county administration of the supplemental	97568
nutrition assistance program and medicaid during the state fiscal	97569
year ending in the previous calendar year that the department	97570
determines are allowable, less the amount of federal reimbursement	97571
credited to the county under division (E) of this section for the	97572
state fiscal year ending in the previous calendar year;	97573

(3) A percentage of the actual amount of the county share of	97574
program and administrative expenditures during federal fiscal year	97575
1994 for assistance and services, other than child care, provided	97576
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	97577
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	97578
enactment of the "Personal Responsibility and Work Opportunity	97579
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	97580
and family services shall determine the actual amount of the	97581
county share from expenditure reports submitted to the United	97582
States department of health and human services. The percentage	97583
shall be the percentage established in rules adopted under	97584
division (F) of this section.	97585

(C)(1) If a county's share of public assistance expenditures	97586
determined under division (B) of this section for a state fiscal	97587
year exceeds one hundred ~~ten~~five per cent of the county's share	97588
for those expenditures for the immediately preceding state fiscal	97589
year, the department of job and family services shall reduce the	97590
county's share for expenditures under divisions (B)(1) and (2) of	97591
this section so that the total of the county's share for	97592
expenditures under division (B) of this section equals one hundred	97593
~~ten~~five per cent of the county's share of those expenditures for	97594
the immediately preceding state fiscal year.	97595

(2) A county's share of public assistance expenditures	97596
determined under division (B) of this section may be increased	97597
pursuant to section 5101.163 of the Revised Code and a sanction	97598
under section 5101.24 of the Revised Code. An increase made	97599
pursuant to section 5101.163 of the Revised Code may cause the	97600
county's share to exceed the limit established by division (C)(1)	97601
of this section.	97602

(D)(1) If the per capita tax duplicate of a county is less	97603
than the per capita tax duplicate of the state as a whole and	97604
division (D)(2) of this section does not apply to the county, the	97605
percentage to be used for the purpose of division (B)(2) of this	97606
section is the product of ten multiplied by a fraction of which	97607
the numerator is the per capita tax duplicate of the county and	97608
the denominator is the per capita tax duplicate of the state as a	97609
whole. The department of job and family services shall compute the	97610
per capita tax duplicate for the state and for each county by	97611
dividing the tax duplicate for the most recent available year by	97612
the current estimate of population prepared by the department of	97613
development.	97614

(2) If the percentage of families in a county with an annual	97615
income of less than three thousand dollars is greater than the	97616
percentage of such families in the state and division (D)(1) of	97617
this section does not apply to the county, the percentage to be	97618
used for the purpose of division (B)(2) of this section is the	97619
product of ten multiplied by a fraction of which the numerator is	97620
the percentage of families in the state with an annual income of	97621
less than three thousand dollars a year and the denominator is the	97622
percentage of such families in the county. The department of job	97623
and family services shall compute the percentage of families with	97624
an annual income of less than three thousand dollars for the state	97625
and for each county by multiplying the most recent estimate of	97626
such families published by the department of development, by a	97627
fraction, the numerator of which is the estimate of average annual	97628
personal income published by the bureau of economic analysis of	97629
the United States department of commerce for the year on which the	97630
census estimate is based and the denominator of which is the most	97631
recent such estimate published by the bureau.	97632

(3) If the per capita tax duplicate of a county is less than	97633
the per capita tax duplicate of the state as a whole and the	97634
percentage of families in the county with an annual income of less	97635
than three thousand dollars is greater than the percentage of such	97636
families in the state, the percentage to be used for the purpose	97637
of division (B)(2) of this section shall be determined as follows:	97638

(a) Multiply ten by the fraction determined under division	97639
(D)(1) of this section;	97640

(b) Multiply the product determined under division (D)(3)(a)	97641
of this section by the fraction determined under division (D)(2)	97642
of this section.	97643

(4) The department of job and family services shall	97644
determine, for each county, the percentage to be used for the	97645
purpose of division (B)(2) of this section not later than the	97646
first day of July of the year preceding the state fiscal year for	97647
which the percentage is used.	97648

(E) The department of job and family services shall credit to	97649
a county the amount of federal reimbursement the department	97650
receives from the United States departments of agriculture and	97651
health and human services for the county's expenditures for	97652
administration of the supplemental nutrition assistance program	97653
and medicaid that the department determines are allowable	97654
administrative expenditures.	97655

(F)(1) The director of job and family services shall adopt	97656
rules in accordance with section 111.15 of the Revised Code to	97657
establish all of the following:	97658

(a) The method the department is to use to change a county's	97659
share of public assistance expenditures determined under division	97660
(B) of this section as provided in division (C) of this section;	97661

(b) The allocation methodology and formula the department	97662
will use to determine the amount of funds to credit to a county	97663
under this section;	97664

(c) The method the department will use to change the payment	97665
of the county share of public assistance expenditures from a	97666
calendar-year basis to a state fiscal year basis;	97667

(d) The percentage to be used for the purpose of division	97668
(B)(3) of this section, which shall, except as provided in section	97669
5101.163 of the Revised Code, meet both of the following	97670
requirements:	97671

(i) The percentage shall not be less than seventy-five per	97672
cent nor more than eighty-two per cent;	97673

(ii) The percentage shall not exceed the percentage that the	97674
state's qualified state expenditures is of the state's historic	97675
state expenditures as those terms are defined in 42 U.S.C.	97676
609(a)(7).	97677

(e) Other procedures and requirements necessary to implement	97678
this section.	97679

(2) The director of job and family services may amend the	97680
rule adopted under division (F)(1)(d) of this section to modify	97681
the percentage on determination that the amount the general	97682
assembly appropriates for Title IV-A programs makes the	97683
modification necessary. The rule shall be adopted and amended as	97684
if an internal management rule and in consultation with the	97685
director of budget and management.	97686

Sec. 5101.181. (A) As used in this section and section	97687
5101.182 of the Revised Code~~, "public~~:	97688

(1) "Public assistance" ~~includes, in addition to Ohio works~~	97689
~~first,~~means any or all of the following:	97690

~~(1)~~(a) Ohio works first;

97691

(b) Prevention, retention, and contingency;

97692

~~(2) Medicaid;~~

97693

~~(3)~~(c) Disability financial assistance;

97694

~~(4)~~(d) General assistance provided prior to July 17, 1995,	97695
under former Chapter 5113. of the Revised Code.	97696

(2) "Medical assistance" means medical assistance provided	97697
pursuant to, or under programs established by, section 5101.49,	97698
sections 5101.50 to 5101.529, Chapter 5111., or any other	97699
provision of the Revised Code.	97700

(B) As part of the procedure for the determination of	97701
overpayment to a recipient of public assistance under Chapter	97702
5107., 5108., ~~5111.,~~ or 5115. of the Revised Code, the director of	97703
job and family services ~~shall~~may furnish quarterly the name and	97704
social security number of each individual who receives public	97705
assistance to the director of administrative services, the	97706
administrator of the bureau of workers' compensation, and each of	97707
the state's retirement boards. Within fourteen days after	97708
receiving the name and social security number of an individual who	97709
receives public assistance, the director of administrative	97710
services, administrator, or board shall inform the auditor of	97711
state as to whether such individual is receiving wages or	97712
benefits, the amount of any wages or benefits being received, the	97713
social security number, and the address of the individual. The	97714
director of administrative services, administrator, boards, and	97715
any agent or employee of those officials and boards shall comply	97716
with the rules of the director of job and family services	97717
restricting the disclosure of information regarding recipients of	97718
public assistance. Any person who violates this provision shall	97719
thereafter be disqualified from acting as an agent or employee or	97720
in any other capacity under appointment or employment of any state	97721
board, commission, or agency.	97722

(C) The auditor of state may enter into a reciprocal	97723
agreement with the director of job and family services or	97724
comparable officer of any other state for the exchange of names,	97725
current or most recent addresses, or social security numbers of	97726
persons receiving public assistance under Title IV-A ~~or under~~	97727
~~Title XIX~~ of the "Social Security Act," 49 Stat. 620 (1935), 42	97728
U.S.C. 301, as amended.	97729

(D)~~(1)~~ The auditor of state shall retain, for not less than	97730
two years, at least one copy of all information received under	97731
this section and sections 145.27, 742.41, 3307.20, 3309.22,	97732
4123.27, 5101.182, and 5505.04 of the Revised Code. ~~The~~	97733

(E) On the request of the director of job and family	97734
services, the auditor of state may conduct an audit of an	97735
individual who receives medical assistance. If the auditor decides	97736
to conduct an audit, the auditor shall enter into an interagency	97737
agreement with the department of job and family services that	97738
specifies that the auditor agrees to comply with section 5101.271	97739
of the Revised Code with respect to any information the auditor	97740
receives pursuant to the audit.	97741

(F) The auditor shall review the information described in	97742
division (D) of this section to determine whether overpayments	97743
were made to recipients of public assistance under Chapters 5107.,	97744
5108., ~~5111.,~~ and 5115. of the Revised Code. The auditor of state	97745
shall initiate action leading to prosecution, where warranted, of	97746
recipients who received overpayments by forwarding the name of	97747
each recipient who received overpayment, together with other	97748
pertinent information, to the director of job and family services	97749
~~and~~, the attorney general, ~~to the district director of job and~~	97750
~~family services of the district through which public assistance~~	97751
~~was received,~~ and to the county director of job and family	97752
services and county prosecutor of the county through which public	97753
assistance was received.	97754

~~(2)~~(G) The auditor of state and the attorney general or their	97755
designees may examine any records, whether in computer or printed	97756
format, in the possession of the director of job and family	97757
services or any county director of job and family services. They	97758
shall provide safeguards which restrict access to such records to	97759
purposes directly connected with an audit or investigation,	97760
prosecution, or criminal or civil proceeding conducted in	97761
connection with the administration of the programs and shall	97762
comply with ~~the~~sections 5101.27 and 5101.271 of the Revised Code	97763
and adopts rules of the director of job and family services	97764
restricting the disclosure of information regarding recipients of	97765
public assistance or medical assistance. Any person who violates	97766
this provision shall thereafter be disqualified from acting as an	97767
agent or employee or in any other capacity under appointment or	97768
employment of any state board, commission, or agency.	97769

~~(3)~~(H) Costs incurred by the auditor of state in carrying out	97770
the auditor of state's duties under this ~~division~~section shall be	97771
borne by the auditor of state.	97772

Sec. 5101.182. As part of the procedure for the	97773
determination of overpayment to a recipient of public assistance	97774
~~under Chapter 5107., 5111., or 5115.~~pursuant to section 5101.181	97775
of the Revised Code, the director of job and family services ~~shall~~	97776
may semiannually, at times determined jointly by the auditor of	97777
state and the tax commissioner, furnish to the tax commissioner in	97778
computer format the name and social security number of each	97779
individual who receives public assistance. Within sixty days after	97780
receiving the name and social security number of a recipient of	97781
public assistance, the commissioner shall inform the auditor of	97782
state whether the individual filed an Ohio individual income tax	97783
return, separate or joint, as provided by section 5747.08 of the	97784
Revised Code, for either or both of the two taxable years	97785
preceding the year in which the director furnished the names and	97786
social security numbers to the commissioner. If the individual did	97787
so file, at the same time the commissioner shall also inform the	97788
auditor of state of the amount of the federal adjusted gross	97789
income as reported on such returns and of the addresses on such	97790
returns. The commissioner shall also advise the auditor of state	97791
whether such returns were filed on a joint basis, as provided in	97792
section 5747.08 of the Revised Code, in which case the federal	97793
adjusted gross income as reported may be that of the individual or	97794
the individual's spouse.	97795

If the auditor of state determines that further investigation	97796
is needed, the auditor of state may request the commissioner to	97797
determine whether the individual filed income tax returns for any	97798
previous taxable years in which the individual received public	97799
assistance and for which the tax department retains income tax	97800
returns. Within fourteen days of receipt of the request, the	97801
commissioner shall inform the auditor of state whether the	97802
individual filed an individual income tax return for the taxable	97803
years in question, of the amount of the federal adjusted gross	97804
income as reported on such returns, of the addresses on such	97805
returns, and whether the returns were filed on a joint or separate	97806
basis.	97807

If the auditor of state determines that further investigation	97808
is needed of a recipient of public assistance who filed an Ohio	97809
individual income tax return, the auditor of state may request a	97810
certified copy of the Ohio individual income tax return or returns	97811
of that person for the taxable years described above, together	97812
with any other documents the commissioner has concerning the	97813
return or returns. Within fourteen days of receipt of such a	97814
request in writing, the commissioner shall forward the returns and	97815
documents to the auditor of state.	97816

The director of job and family services, ~~district director of~~	97817
~~job and family services,~~ county director of job and family	97818
services, county prosecutor, attorney general, auditor of state,	97819
or any agent or employee of those officials having access to any	97820
information or documents furnished by the commissioner pursuant to	97821
this section shall not divulge or use any such information except	97822
for the purpose of determining overpayment of public assistance,	97823
or for an audit, investigation, or prosecution, or in accordance	97824
with a proper judicial order. Any person who violates this	97825
provision shall thereafter be disqualified from acting as an agent	97826
or employee or in any other capacity under appointment or	97827
employment of any state or county board, commission, or agency.	97828

Sec. 5101.183. (A) ~~The~~Except as provided in section 5111.12	97829
of the Revised Code, the director of job and family services, in	97830
accordance with section 111.15 of the Revised Code, may adopt	97831
rules under which county ~~departments of job and~~ family services or	97832
~~public children services~~ agencies shall take action to recover the	97833
cost of ~~social~~the following benefits and services:	97834

(1) Benefits or services provided to any of the following:

97835

~~(1)~~(a) Persons who were not eligible for ~~social~~the benefits	97836
or services but who secured ~~social~~the benefits or services	97837
through fraud or misrepresentation;	97838

~~(2)~~(b) Persons who were eligible for ~~social~~the benefits or	97839
services but who intentionally diverted the benefits or services	97840
to other persons who were not eligible for the benefits or	97841
services.	97842

(2) Any benefits or services provided by a county family	97843
services agency for which recovery is required or permitted by	97844
federal law for the federal programs administered by the agency.	97845

(B) A county ~~department of job and~~ family services ~~or public~~	97846
~~children services~~ agency may bring a civil action against a	97847
recipient of ~~social~~benefits or services to recover any costs	97848
described in division (A) of this section.	97849

(C) A county ~~department of job and~~ family services ~~or public~~	97850
~~children services~~ agency shall retain any money it recovers under	97851
division (A) of this section and shall use the money ~~for the~~	97852
~~provision of social~~to meet a family services duty, except that,	97853
if federal law requires the department of job and family services	97854
to return any portion of the money so recovered to the federal	97855
government, the county ~~department or~~family services agency shall	97856
pay that portion to the department of job and family services.	97857

Sec. 5101.244. (A) If the department of job and family	97858
services determines that a grant awarded to a county grantee in a	97859
grant agreement entered into under section 5101.21 of the Revised	97860
Code, an allocation, advance, or reimbursement the department	97861
makes to a county family services agency, or a cash draw a county	97862
family services agency makes exceeds the allowable amount for the	97863
grant, allocation, advance, reimbursement, or cash draw, the	97864
department may ~~adjust~~take one or more of the following actions to	97865
recover the excess amount:	97866

(1) The department may adjust, offset, withhold, or reduce an	97867
allocation, cash draw, advance, reimbursement, or other financial	97868
assistance to the county grantee or county family services agency	97869
as necessary to recover the excess amount ~~of the excess grant,~~	97870
~~allocation, advance, reimbursement, or cash draw~~.	97871

(2) The department may enter into an agreement with the	97872
county grantee or county family services agency for repayment of	97873
the excess amount by the grantee or agency. The department may	97874
require that the repayment include interest on the excess amount,	97875
calculated from the day that the excess occurred at a rate not	97876
exceeding the rate per annum prescribed by section 5703.47 of the	97877
Revised Code.	97878

(3) The department may certify a claim to the attorney	97879
general under section 131.02 of the Revised Code for the attorney	97880
general to take action under that section against the county	97881
grantee or county family services agency to recover the excess	97882
amount. ~~The~~	97883

(B) In taking an action authorized under this section, the	97884
department is not required to ~~make the adjustment, offset,~~	97885
~~withholding, or reduction~~take the action in accordance with	97886
section 5101.24 of the Revised Code.	97887

(C) The director of job and family services may adopt rules	97888
under section 111.15 of the Revised Code as necessary to implement	97889
this section. The director shall adopt the rules as if they were	97890
internal management rules.	97891

Sec. 5101.26. As used in this section and in sections	97892
5101.27 to 5101.30 of the Revised Code:	97893

(A) "County agency" means a county department of job and	97894
family services or a public children services agency.	97895

(B) "Fugitive felon" means an individual who is fleeing to	97896
avoid prosecution, or custody or confinement after conviction,	97897
under the laws of the place from which the individual is fleeing,	97898
for a crime or an attempt to commit a crime that is a felony under	97899
the laws of the place from which the individual is fleeing or, in	97900
the case of New Jersey, a high misdemeanor, regardless of whether	97901
the individual has departed from the individual's usual place of	97902
residence.	97903

(C) "Information" means records as defined in section 149.011	97904
of the Revised Code, any other documents in any format, and data	97905
derived from records and documents that are generated, acquired,	97906
or maintained by the department of job and family services, a	97907
county agency, or an entity performing duties on behalf of the	97908
department or a county agency.	97909

(D) "Law enforcement agency" means the state highway patrol,	97910
an agency that employs peace officers as defined in section 109.71	97911
of the Revised Code, the adult parole authority, a county	97912
department of probation, a prosecuting attorney, the attorney	97913
general, similar agencies of other states, federal law enforcement	97914
agencies, and postal inspectors. "Law enforcement agency" includes	97915
the peace officers and other law enforcement officers employed by	97916
the agency.	97917

(E) "Medical assistance ~~provided under a public assistance~~	97918
~~program~~" means medical assistance provided pursuant to, or under	97919
~~the~~ programs established ~~under sections~~by, section 5101.49,	97920
sections 5101.50~~, 5101.51, 5101.52, and 5101.5211 to 5101.5216~~to	97921
5101.529, Chapter 5111., or any other provision of the Revised	97922
Code.	97923

(F) "Medical assistance recipient" means an applicant for or	97924
recipient or former recipient of medical assistance.	97925

(G) "Public assistance" means financial assistance~~, medical~~	97926
~~assistance,~~ or social services that are not medical assistance	97927
provided under a program administered by the department of job and	97928
family services or a county agency pursuant to Chapter 329.,	97929
5101., 5104., 5107., 5108., ~~5111.,~~ or 5115. of the Revised Code or	97930
an executive order issued under section 107.17 of the Revised	97931
Code.	97932

~~(G)~~(H) "Public assistance recipient" means an applicant for	97933
or recipient or former recipient of public assistance.	97934

Sec. 5101.27. (A) Except as permitted by this section,	97935
section ~~5101.272~~5101.273, 5101.28, or 5101.29 of the Revised	97936
Code, or ~~the~~ rules adopted under ~~division (A) of~~ section 5101.30	97937
of the Revised Code, or when required by federal law, no person or	97938
government entity shall solicit, disclose, receive, use, or	97939
knowingly permit, or participate in the use of any information	97940
regarding a public assistance recipient for any purpose not	97941
directly connected with the administration of a public assistance	97942
program.	97943

(B) To the extent permitted by federal law, the department of	97944
job and family services and county agencies shall do all of the	97945
following:	97946

(1) Release information regarding a public assistance	97947
recipient for purposes directly connected to the administration of	97948
the program to a government entity responsible for administering	97949
that public assistance program;	97950

(2) Provide information regarding a public assistance	97951
recipient to a law enforcement agency for the purpose of any	97952
investigation, prosecution, or criminal or civil proceeding	97953
relating to the administration of that public assistance program;	97954

(3) Provide, for purposes directly connected to the	97955
administration of a program that assists needy individuals with	97956
the costs of public utility services, information regarding a	97957
recipient of financial assistance provided under a program	97958
administered by the department or a county agency pursuant to	97959
Chapter 5107. or 5108. of the Revised Code or sections 5115.01 to	97960
5115.07 of the Revised Code to an entity administering the public	97961
utility services program.	97962

(C) To the extent permitted by federal law and section	97963
1347.08 of the Revised Code, the department and county agencies	97964
shall provide access to information regarding a public assistance	97965
recipient to all of the following:	97966

(1) The recipient;

97967

(2) The authorized representative;

97968

(3) The legal guardian of the recipient;

97969

(4) The attorney of the recipient, if the attorney has	97970
written authorization that complies with section ~~5101.271~~5101.272	97971
of the Revised Code from the recipient.	97972

(D) To the extent permitted by federal law and subject to	97973
division (E) of this section, the department and county agencies	97974
may do both of the following:	97975

(1) Release information about a public assistance recipient	97976
if the recipient gives voluntary, written authorization that	97977
complies with section ~~5101.271~~5101.272 of the Revised Code;	97978

(2) Release information regarding a public assistance	97979
recipient to a state, federal, or federally assisted program that	97980
provides cash or in-kind assistance or services directly to	97981
individuals based on need or for the purpose of protecting	97982
children to a government entity responsible for administering a	97983
children's protective services program.	97984

(E) Except when the release is required by division (B), (C),	97985
or (D)(2) of this section, the department or county agency shall	97986
release the information only in accordance with the authorization.	97987
The department or county agency shall provide, at no cost, a copy	97988
of each written authorization to the individual who signed it.	97989

(F) ~~The department or county agency may release information~~	97990
~~under division (D) of this section concerning the receipt of~~	97991
~~medical assistance provided under a public assistance program only~~	97992
~~if all of the following conditions are met:~~	97993

~~(1) The release of information is for purposes directly~~	97994
~~connected to the administration of or provision of medical~~	97995
~~assistance provided under a public assistance program;~~	97996

~~(2) The information is released to persons or government~~	97997
~~entities that are subject to standards of confidentiality and~~	97998
~~safeguarding information substantially comparable to those~~	97999
~~established for medical assistance provided under a public~~	98000
~~assistance program;~~	98001

~~(3) The department or county agency has obtained an~~	98002
~~authorization consistent with section 5101.271 of the Revised~~	98003
~~Code.~~	98004

~~(G) Information concerning the receipt of medical assistance~~	98005
~~provided under a public assistance program may be released only if~~	98006
~~the release complies with this section and rules adopted by the~~	98007
~~department pursuant to section 5101.30 of the Revised Code or, if~~	98008
~~more restrictive, the Health Insurance Portability and~~	98009
~~Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955,~~	98010
~~42 U.S.C. 1320d, et seq., as amended, and regulations adopted by~~	98011
~~the United States department of health and human services to~~	98012
~~implement the act.~~	98013

~~(H)~~ The department of job and family services may adopt rules	98014
defining "authorized representative" for purposes of division	98015
(C)(2) of this section.	98016

Sec. 5101.271. (A) Except as permitted by this section,	98017
section 5101.273, or rules adopted under section 5101.30 of the	98018
Revised Code, or when required by federal law, no person or	98019
government entity shall use or disclose information regarding a	98020
medical assistance recipient for any purpose not directly	98021
connected with the administration of the medical assistance	98022
program.	98023

(B) Both of the following shall be considered to be purposes	98024
directly connected with the administration of the medical	98025
assistance program:	98026

(1) Treatment, payment, or other operations or activities	98027
authorized by 42 C.F.R. Chapter IV;	98028

(2) Any administrative function or duty the department of job	98029
and family services performs alone or jointly with a federal	98030
government entity, another state government entity, or a local	98031
government entity implementing a provision of federal law.	98032

(C) The department or a county agency may disclose	98033
information regarding a medical assistance recipient to any of the	98034
following:	98035

(1) The recipient or the recipient's authorized	98036
representative;	98037

(2) The recipient's legal guardian in accordance with	98038
division (C) of section 2111.13 of the Revised Code;	98039

(3) The attorney of the recipient, if the department or	98040
county agency has obtained authorization from the recipient, the	98041
recipient's authorized representative, or the recipient's legal	98042
guardian that meets all requirements of the Health Insurance	98043
Portability and Accountability Act of 1996, Pub. L. 104-191, 110	98044
Stat. 1955, 42 U.S.C. 1320d et seq., as amended, regulations	98045
promulgated by the United States department of health and human	98046
services to implement the act, section 5101.272 of the Revised	98047
Code, and any rules the director of job and family services adopts	98048
under section 5101.30 of the Revised Code;	98049

(4) A health information or health records management entity	98050
that has executed with the department a business associate	98051
agreement required by 45 C.F.R 164.502(e)(2) and has been	98052
authorized by the recipient, the recipient's authorized	98053
representative, or the recipient's legal guardian to receive the	98054
recipient's electronic health records in accordance with rules the	98055
director of job and family services adopts under section 5101.30	98056
of the Revised Code;	98057

(5) A court if pursuant to a written order of the court.

98058

(D) The department may receive from county departments of job	98059
and family services information regarding any medical assistance	98060
recipient for purposes of training and verifying the accuracy of	98061
eligibility determinations for medical assistance. The department	98062
may assemble information received under this division into a	98063
report if the report is in a form specified by the department.	98064
Information received and assembled into a report under this	98065
division shall remain confidential and not besubject to	98066
disclosure pursuant to section 149.43 or 1347.08 of the Revised	98067
Code.	98068

(E) The department shall notify courts in this state	98069
regarding its authority, under division (C)(5) of this section, to	98070
disclose information regarding a medical assistance recipient	98071
pursuant to a written court order.	98072

~~Sec. 5101.271.~~ Sec. 5101.272. (A) For the purposes of ~~section~~	98073
sections 5101.27 and 5101.271 of the Revised Code, an	98074
authorization shall be made on a form that uses language	98075
understandable to the average person and contains all of the	98076
following:	98077

(1) A description of the information to be used or disclosed	98078
that identifies the information in a specific and meaningful	98079
fashion;	98080

(2) The name or other specific identification of the person	98081
or class of persons authorized to make the requested use or	98082
disclosure;	98083

(3) The name or other specific identification of the person	98084
or governmental entity to which the information may be released;	98085

(4) A description of each purpose of the requested use or	98086
disclosure of the information;	98087

(5) The date on which the authorization expires or an event	98088
related either to the individual who is the subject of the request	98089
or to the purposes of the requested use or disclosure, the	98090
occurrence of which will cause the authorization to expire;	98091

(6) A statement that the information used or disclosed	98092
pursuant to the authorization may be disclosed by the recipient of	98093
the information and may no longer be protected from disclosure;	98094

(7) The signature of the individual or the individual's	98095
authorized representative and the date on which the authorization	98096
was signed;	98097

(8) If signed by an authorized representative, a description	98098
of the representative's authority to act for the individual;	98099

(9) A statement of the individual or authorized	98100
representative's right to prospectively revoke the written	98101
authorization in writing, along with one of the following:	98102

(a) A description of how the individual or authorized	98103
representative may revoke the authorization;	98104

(b) If the department of job and family services' privacy	98105
notice contains a description of how the individual or authorized	98106
representative may revoke the authorization, a reference to that	98107
privacy notice.	98108

(10) A statement that treatment, payment, enrollment, or	98109
eligibility for public assistance or medical assistance cannot be	98110
conditioned on signing the authorization unless the authorization	98111
is necessary for determining eligibility for the public assistance	98112
or medical assistance program.	98113

(B) An authorization for the release of information regarding	98114
a medical assistance recipient to the recipient's attorney under	98115
division (C)(3) of section 5101.271 of the Revised Code may	98116
include a provision specifically authorizing the release of the	98117
recipient's electronic health records, if any, in accordance with	98118
rules the director of job and family services adopts under section	98119
5101.30 of the Revised Code.	98120

(C) When an individual requests information pursuant to	98121
section 5101.27 or 5101.271 of the Revised Code regarding the	98122
individual's receipt of public assistance or medical assistance	98123
and does not wish to provide a statement of purpose, the statement	98124
"at request of the individual" is a sufficient description for	98125
purposes of division (A)(4) of this section.	98126

~~Sec. 5101.272.~~ Sec. 5101.273. ~~Not later than August 31, 2007, the~~	98127
~~director of job and family services shall submit a report to the~~	98128
~~general assembly on the costs and potential three-year cost~~	98129
~~savings associated with participation in the~~	98130
~~federally-administered public assistance reporting information~~	98131
~~system. If cost savings are indicated in the report, not later~~	98132
~~than October 1, 2007, the~~The department of job and family	98133
services shall enter into any necessary agreements with the United	98134
States department of health and human services and neighboring	98135
states to join and participate as an active member in the public	98136
assistance reporting information system. The department may	98137
disclose information regarding a public assistance recipient or	98138
medical assistance recipient to the extent necessary to	98139
participate as an active member in the public assistance reporting	98140
information system.	98141

Sec. 5101.28. (A)(1) On request of the department of job and	98142
family services or a county agency, a law enforcement agency shall	98143
provide information regarding public assistance recipients to	98144
enable the department or county agency to determine, for	98145
eligibility purposes, whether a recipient or a member of a	98146
recipient's assistance group is a fugitive felon or violating a	98147
condition of probation, a community control sanction, parole, or a	98148
post-release control sanction imposed under state or federal law.	98149

(2) A county agency may enter into a written agreement with a	98150
local law enforcement agency establishing procedures concerning	98151
access to information and providing for compliance with division	98152
(F) of this section.	98153

(B) To the extent permitted by federal law, the department	98154
and county agencies shall provide information~~, except information~~	98155
~~directly related to the receipt of medical assistance or medical~~	98156
~~services,~~ regarding recipients of public assistance under a	98157
program administered by the state department or a county agency	98158
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to	98159
law enforcement agencies on request for the purposes of	98160
investigations, prosecutions, and criminal and civil proceedings	98161
that are within the scope of the law enforcement agencies'	98162
official duties.	98163

(C) Information about a public assistance recipient shall be	98164
exchanged, obtained, or shared only if the department, county	98165
agency, or law enforcement agency requesting the information gives	98166
sufficient information to specifically identify the recipient. In	98167
addition to the recipient's name, identifying information may	98168
include the recipient's current or last known address, social	98169
security number, other identifying number, age, gender, physical	98170
characteristics, any information specified in an agreement entered	98171
into under division (A) of this section, or any information	98172
considered appropriate by the department or agency.	98173

(D)(1) The department and its officers and employees are not	98174
liable in damages in a civil action for any injury, death, or loss	98175
to person or property that allegedly arises from the release of	98176
information in accordance with divisions (A), (B), and (C) of this	98177
section. This section does not affect any immunity or defense that	98178
the department and its officers and employees may be entitled to	98179
under another section of the Revised Code or the common law of	98180
this state, including section 9.86 of the Revised Code.	98181

(2) The county agencies and their employees are not liable in	98182
damages in a civil action for any injury, death, or loss to person	98183
or property that allegedly arises from the release of information	98184
in accordance with divisions (A), (B), and (C) of this section.	98185
"Employee" has the same meaning as in division (B) of section	98186
2744.01 of the Revised Code. This section does not affect any	98187
immunity or defense that the county agencies and their employees	98188
may be entitled to under another section of the Revised Code or	98189
the common law of this state, including section 2744.02 and	98190
division (A)(6) of section 2744.03 of the Revised Code.	98191

(E) To the extent permitted by federal law, the department	98192
and county agencies shall provide access to information to the	98193
auditor of state acting pursuant to Chapter 117. or sections	98194
5101.181 and 5101.182 of the Revised Code and to any other	98195
government entity authorized by federal law to conduct an audit	98196
of, or similar activity involving, a public assistance program.	98197

(F) The auditor of state shall prepare an annual report on	98198
the outcome of the agreements required under division (A) of this	98199
section. The report shall include the number of fugitive felons,	98200
probation and parole violators, and violators of community control	98201
sanctions and post-release control sanctions apprehended during	98202
the immediately preceding year as a result of the exchange of	98203
information pursuant to that division. The auditor of state shall	98204
file the report with the governor, the president and minority	98205
leader of the senate, and the speaker and minority leader of the	98206
house of representatives. The state department, county agencies,	98207
and law enforcement agencies shall cooperate with the auditor of	98208
state's office in gathering the information required under this	98209
division.	98210

(G) To the extent permitted by federal law, the department of	98211
job and family services, county departments of job and family	98212
services, and employees of the departments may report to a public	98213
children services agency or other appropriate agency information	98214
on known or suspected physical or mental injury, sexual abuse or	98215
exploitation, or negligent treatment or maltreatment, of a child	98216
receiving public assistance, if circumstances indicate that the	98217
child's health or welfare is threatened.	98218

(H) As used in this section:

98219

(1) "Community control sanction" has the same meaning as in	98220
section 2929.01 of the Revised Code.	98221

(2) "Post-release control sanction" has the same meaning as	98222
in section 2967.01 of the Revised Code.	98223

Sec. 5101.30. (A) The director of job and family services	98224
shall adopt rules in accordance with Chapter 119. of the Revised	98225
Code implementing sections 5101.26 to 5101.30 of the Revised Code	98226
and governing the custody, use, disclosure, and preservation of	98227
the information generated or received by the department of job and	98228
family services, county agencies, other state and county entities,	98229
contractors, grantees, private entities, or officials	98230
participating in the administration of public assistance or	98231
medical assistance programs. The rules shall comply with	98232
applicable federal statutes and regulations.~~The~~	98233

(1) The rules shall specify conditions and procedures for the	98234
release of information~~. The rules shall comply with applicable~~	98235
~~federal statutes and regulations. To the extent permitted by~~	98236
~~federal law~~which may include, among other conditions and	98237
procedures, both of the following:	98238

~~(1) The rules may permit~~(a) Permitting providers of services	98239
or assistance under public assistance programs limited access to	98240
information that is essential for the providers to render services	98241
or assistance or to bill for services or assistance rendered. The	98242
department of aging, when investigating a complaint under section	98243
173.20 of the Revised Code, shall be granted any limited access	98244
permitted in the rules pursuant to division (A)(1) of this	98245
section.	98246

~~(2) The rules may permit~~(b) Permitting a contractor,	98247
grantee, or other state or county entity limited access to	98248
information that is essential for the contractor, grantee, or	98249
entity to perform administrative or other duties on behalf of the	98250
department or county agency. A contractor, grantee, or entity	98251
given access to information pursuant to division (A)(2) of this	98252
section is bound by the director's rules, and disclosure of the	98253
information by the contractor, grantee, or entity in a manner not	98254
authorized by the rules is a violation of section 5101.27 of the	98255
Revised Code.	98256

(2) The rules may define who is an "authorized	98257
representative" for purposes of sections 5101.27, 5101.271, and	98258
5101.272 of the Revised Code.	98259

(B) Whenever names, addresses, or other information relating	98260
to public assistance recipients is held by any agency other than	98261
the department or a county agency, that other agency shall adopt	98262
rules consistent with sections 5101.26 to 5101.30 of the Revised	98263
Code to prevent the publication or disclosure of names, lists, or	98264
other information concerning those recipients.	98265

Sec. 5101.342. The Ohio commission on fatherhood shall do	98266
both of the following:	98267

(A) Organize a state summit on fatherhood every four years;

98268

(B)~~(1)~~ Prepare a report each year that ~~identifies~~does the	98269
following:	98270

(1) Identifies resources available to fund fatherhood-related	98271
programs and explores the creation of initiatives to do the	98272
following:	98273

(a) Build the parenting skills of fathers;

98274

(b) Provide employment-related services for low-income,	98275
noncustodial fathers;	98276

98277

(d) Provide services to fathers who are inmates in or have	98278
just been released from imprisonment in a state correctional	98279
institution, as defined in section 2967.01 of the Revised Code, or	98280
in any other detention facility, as defined in section 2921.01 of	98281
the Revised Code, so that they are able to maintain or reestablish	98282
their relationships with their families;	98283

(e) Reconcile fathers with their families;

98284

(f) Increase public awareness of the critical role fathers	98285
play.	98286

(2) Describes the commission's expectations for the outcomes	98287
of fatherhood-related programs and initiatives and the methods the	98288
commission uses for conducting annual measures of those outcomes.	98289

(C) The portion of the report prepared pursuant to division	98290
(B)(2) of this section shall be prepared by the commission in	98291
collaboration with the director of job and family services.	98292

(D) The commission shall submit each report prepared pursuant	98293
to division (B)~~(1)~~ of this section to the president and minority	98294
leader of the senate, speaker and minority leader of the house of	98295
representatives, governor, and chief justice of the supreme court.	98296
The first report is due not later than one year after the last of	98297
the initial appointments to the commission is made under section	98298
5101.341 of the Revised Code.	98299

Sec. 5101.35. (A) As used in this section:

98300

(1) "Agency" means the following entities that administer a	98301
family services program:	98302

(a) The department of job and family services;

98303

(b) A county department of job and family services;

98304

98305

(d) A private or government entity administering, in whole or	98306
in part, a family services program for or on behalf of the	98307
department of job and family services or a county department of	98308
job and family services or public children services agency.	98309

(2) "Appellant" means an applicant, participant, former	98310
participant, recipient, or former recipient of a family services	98311
program who is entitled by federal or state law to a hearing	98312
regarding a decision or order of the agency that administers the	98313
program.	98314

(3) "Family services program" means assistance provided under	98315
a Title IV-A program as defined in section 5101.80 of the Revised	98316
Code or under Chapter 5104., 5111., or 5115. or section ~~173.35~~	98317
5119.69, 5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or	98318
5153.165 of the Revised Code, other than assistance provided under	98319
section 5101.46 of the Revised Code by the department of mental	98320
health, the department of developmental disabilities, a board of	98321
alcohol, drug addiction, and mental health services, or a county	98322
board of developmental disabilities.	98323

(B) Except as provided by divisions (G) and (H) of this	98324
section, an appellant who appeals under federal or state law a	98325
decision or order of an agency administering a family services	98326
program shall, at the appellant's request, be granted a state	98327
hearing by the department of job and family services. This state	98328
hearing shall be conducted in accordance with rules adopted under	98329
this section. The state hearing shall be recorded, but neither the	98330
recording nor a transcript of the recording shall be part of the	98331
official record of the proceeding. A state hearing decision is	98332
binding upon the agency and department, unless it is reversed or	98333
modified on appeal to the director of job and family services or a	98334
court of common pleas.	98335

(C) Except as provided by division (G) of this section, an	98336
appellant who disagrees with a state hearing decision may make an	98337
administrative appeal to the director of job and family services	98338
in accordance with rules adopted under this section. This	98339
administrative appeal does not require a hearing, but the director	98340
or the director's designee shall review the state hearing decision	98341
and previous administrative action and may affirm, modify, remand,	98342
or reverse the state hearing decision. Any person designated to	98343
make an administrative appeal decision on behalf of the director	98344
shall have been admitted to the practice of law in this state. An	98345
administrative appeal decision is the final decision of the	98346
department and is binding upon the department and agency, unless	98347
it is reversed or modified on appeal to the court of common pleas.	98348

(D) An agency shall comply with a decision issued pursuant to	98349
division (B) or (C) of this section within the time limits	98350
established by rules adopted under this section. If a county	98351
department of job and family services or a public children	98352
services agency fails to comply within these time limits, the	98353
department may take action pursuant to section 5101.24 of the	98354
Revised Code. If another agency fails to comply within the time	98355
limits, the department may force compliance by withholding funds	98356
due the agency or imposing another sanction established by rules	98357
adopted under this section.	98358

(E) An appellant who disagrees with an administrative appeal	98359
decision of the director of job and family services or the	98360
director's designee issued under division (C) of this section may	98361
appeal from the decision to the court of common pleas pursuant to	98362
section 119.12 of the Revised Code. The appeal shall be governed	98363
by section 119.12 of the Revised Code except that:	98364

(1) The person may appeal to the court of common pleas of the	98365
county in which the person resides, or to the court of common	98366
pleas of Franklin county if the person does not reside in this	98367
state.	98368

(2) The person may apply to the court for designation as an	98369
indigent and, if the court grants this application, the appellant	98370
shall not be required to furnish the costs of the appeal.	98371

(3) The appellant shall mail the notice of appeal to the	98372
department of job and family services and file notice of appeal	98373
with the court within thirty days after the department mails the	98374
administrative appeal decision to the appellant. For good cause	98375
shown, the court may extend the time for mailing and filing notice	98376
of appeal, but such time shall not exceed six months from the date	98377
the department mails the administrative appeal decision. Filing	98378
notice of appeal with the court shall be the only act necessary to	98379
vest jurisdiction in the court.	98380

(4) The department shall be required to file a transcript of	98381
the testimony of the state hearing with the court only if the	98382
court orders the department to file the transcript. The court	98383
shall make such an order only if it finds that the department and	98384
the appellant are unable to stipulate to the facts of the case and	98385
that the transcript is essential to a determination of the appeal.	98386
The department shall file the transcript not later than thirty	98387
days after the day such an order is issued.	98388

(F) The department of job and family services shall adopt	98389
rules in accordance with Chapter 119. of the Revised Code to	98390
implement this section, including rules governing the following:	98391

(1) State hearings under division (B) of this section. The	98392
rules shall include provisions regarding notice of eligibility	98393
termination and the opportunity of an appellant appealing a	98394
decision or order of a county department of job and family	98395
services to request a county conference with the county department	98396
before the state hearing is held.	98397

(2) Administrative appeals under division (C) of this	98398
section;	98399

(3) Time limits for complying with a decision issued under	98400
division (B) or (C) of this section;	98401

(4) Sanctions that may be applied against an agency under	98402
division (D) of this section.	98403

(G) The department of job and family services may adopt rules	98404
in accordance with Chapter 119. of the Revised Code establishing	98405
an appeals process for an appellant who appeals a decision or	98406
order regarding a Title IV-A program identified under division	98407
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code	98408
that is different from the appeals process established by this	98409
section. The different appeals process may include having a state	98410
agency that administers the Title IV-A program pursuant to an	98411
interagency agreement entered into under section 5101.801 of the	98412
Revised Code administer the appeals process.	98413

(H) If an appellant receiving medicaid through a health	98414
insuring corporation that holds a certificate of authority under	98415
Chapter 1751. of the Revised Code is appealing a denial of	98416
medicaid services based on lack of medical necessity or other	98417
clinical issues regarding coverage by the health insuring	98418
corporation, the person hearing the appeal may order an	98419
independent medical review if that person determines that a review	98420
is necessary. The review shall be performed by a health care	98421
professional with appropriate clinical expertise in treating the	98422
recipient's condition or disease. The department shall pay the	98423
costs associated with the review.	98424

A review ordered under this division shall be part of the	98425
record of the hearing and shall be given appropriate evidentiary	98426
consideration by the person hearing the appeal.	98427

(I) The requirements of Chapter 119. of the Revised Code	98428
apply to a state hearing or administrative appeal under this	98429
section only to the extent, if any, specifically provided by rules	98430
adopted under this section.	98431

Sec. 5101.37. (A) The department of job and family services	98432
and each county department of job and family services and child	98433
support enforcement agency may ~~make~~conduct any audits or	98434
investigations that are necessary in the performance of their	98435
duties, and to that end they shall have the same power as a judge	98436
of a county court to administer oaths and to enforce the	98437
attendance and testimony of witnesses and the production of books	98438
or papers.	98439

The department and each county department and agency shall	98440
keep a record of their audits and investigations stating the time,	98441
place, charges, or subject,; witnesses summoned and examined,; and	98442
their conclusions.	98443

Witnesses shall be paid the fees and mileage provided for	98444
under section 119.094 of the Revised Code.	98445

(B) In conducting hearings pursuant to Chapters 3119., 3121.,	98446
and 3123. or pursuant to division (B) of section 5101.35 of the	98447
Revised Code, the department and each child support enforcement	98448
agency have the same power as a judge of a county court to	98449
administer oaths and to enforce the attendance and testimony of	98450
witnesses and the production of books or papers. The department	98451
and each agency shall keep a record of those hearings stating the	98452
time, place, charges, or subject,; witnesses summoned and	98453
examined,; and their conclusions.	98454

The issuance of a subpoena by the department or a child	98455
support enforcement agency to enforce attendance and testimony of	98456
witnesses and the production of books or papers at a hearing is	98457
discretionary and the department or agency is not required to pay	98458
the fees of witnesses for attendance and travel.	98459

(C) Any judge of any division of the court of common pleas,	98460
upon application of the department or a county department or child	98461
support enforcement agency, may compel the attendance of	98462
witnesses, the production of books or papers, and the giving of	98463
testimony before the department, county department, or agency, by	98464
a judgment for contempt or otherwise, in the same manner as in	98465
cases before those courts.	98466

(D) Until an audit report is formally released by the	98467
department of job and family services, the audit report or any	98468
working paper or other document or record prepared by the	98469
department and related to the audit that is the subject of the	98470
audit report is not a public record under section 149.43 of the	98471
Revised Code.	98472

(E) The director of job and family services may adopt rules	98473
as necessary to implement this section. The rules shall be adopted	98474
in accordance with section 111.15 of the Revised Code as if they	98475
were internal management rules.	98476

Sec. 5101.46. (A) As used in this section:

98477

(1) "Title XX" means Title XX of the "Social Security Act,"	98478
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	98479

(2) "Respective local agency" means, with respect to the	98480
department of job and family services, a county department of job	98481
and family services; with respect to the department of mental	98482
health, a board of alcohol, drug addiction, and mental health	98483
services; and with respect to the department of developmental	98484
disabilities, a county board of developmental disabilities.	98485

(3) "Federal poverty guidelines" means the poverty guidelines	98486
as revised annually by the United States department of health and	98487
human services in accordance with section 673(2) of the "Omnibus	98488
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	98489
9902, as amended, for a family size equal to the size of the	98490
family of the person whose income is being determined.	98491

(B) The departments of job and family services, mental	98492
health, and developmental disabilities, with their respective	98493
local agencies, shall administer the provision of social services	98494
funded through grants made under Title XX. The social services	98495
furnished with Title XX funds shall be directed at the following	98496
goals:	98497

(1) Achieving or maintaining economic self-support to	98498
prevent, reduce, or eliminate dependency;	98499

(2) Achieving or maintaining self-sufficiency, including	98500
reduction or prevention of dependency;	98501

(3) Preventing or remedying neglect, abuse, or exploitation	98502
of children and adults unable to protect their own interests, or	98503
preserving, rehabilitating, or reuniting families;	98504

(4) Preventing or reducing inappropriate institutional care	98505
by providing for community-based care, home-based care, or other	98506
forms of less intensive care;	98507

(5) Securing referral or admission for institutional care	98508
when other forms of care are not appropriate, or providing	98509
services to individuals in institutions.	98510

(C)(1) All federal funds received under Title XX shall be	98511
appropriated as follows:	98512

(a) Seventy-two and one-half per cent to the department of	98513
job and family services;	98514

(b) Twelve and ninety-three one-hundreths per cent to the	98515
department of mental health;	98516

(c) Fourteen and fifty-seven one-hundreths per cent to the	98517
department of developmental disabilities.	98518

(2) Each of the state ~~department~~departments shall, subject	98519
to the approval of the controlling board, develop ~~formulas~~a	98520
formula for the distribution of ~~their~~the Title XX ~~appropriations~~	98521
funds appropriated to the department to ~~their~~its respective local	98522
agencies. The ~~formulas~~formula developed by each state department	98523
shall take into account all of the following for each of its	98524
respective local agencies:	98525

(a) The total population of the area that is served by the	98526
respective local agency~~, the~~;	98527

(b) The percentage of the population in the area served that	98528
falls below the federal poverty guidelines~~, and the~~;	98529

(c) The respective local agency's history of and ability to	98530
utilize Title XX funds.	98531

(3) Each of the state departments shall expend nofor state	98532
administrative costs not more than three per cent of ~~its~~the Title	98533
XX ~~appropriation for state administrative costs~~funds appropriated	98534
to the department. ~~Each of the department's respective local~~	98535
~~agencies shall expend no more than fourteen per cent of its Title~~	98536
~~XX appropriation~~	98537

Each state department shall establish for each of its	98538
respective local agencies the maximum percentage of the Title XX	98539
funds distributed to the respective local agency that the	98540
respective local agency may expend for local administrative costs.	98541
The percentage shall be established by rule and shall comply with	98542
federal law governing the use of Title XX funds. The rules shall	98543
be adopted in accordance with section 111.15 of the Revised Code	98544
as if they were internal management rules.	98545

(4) The department of job and family services shall expend no	98546
for the training of the following not more than two per cent of	98547
~~its~~the Title XX ~~appropriation for the training of the following~~	98548
funds appropriated to the department:	98549

(a) Employees of county departments of job and family	98550
services;	98551

(b) Providers of services under contract with the state	98552
departments' respective local agencies;	98553

(c) Employees of a public children services agency directly	98554
engaged in providing Title XX services.	98555

(D) The department of job and family services shall prepare a	98556
biennial comprehensive Title XX social services plan on the	98557
intended use of Title XX funds. The department shall develop a	98558
method for obtaining public comment during the development of the	98559
plan and following its completion.	98560

For each state fiscal year, the department of job and family	98561
services shall prepare a report on the actual use of Title XX	98562
funds. The department shall make the annual report available for	98563
public inspection.	98564

The departments of mental health and developmental	98565
disabilities shall prepare and submit to the department of job and	98566
family services the portions of each biennial plan and annual	98567
report that apply to services for mental health and mental	98568
retardation and developmental disabilities. Each respective local	98569
agency of the three state departments shall submit information as	98570
necessary for the preparation of biennial plans and annual	98571
reports.	98572

(E) Each county department shall adopt a county profile for	98573
the administration and provision of Title XX social services in	98574
the county. In developing its county profile, the county	98575
department shall take into consideration the comments and	98576
recommendations received from the public by the county family	98577
services planning committee pursuant to section 329.06 of the	98578
Revised Code. As part of its preparation of the county profile,	98579
the county department may prepare a local needs report analyzing	98580
the need for Title XX social services.	98581

The county department shall submit the county profile to the	98582
board of county commissioners for its review. Once the county	98583
profile has been approved by the board, the county department	98584
shall file a copy of the county profile with the department of job	98585
and family services. The department shall approve the county	98586
profile if the department determines the profile provides for the	98587
Title XX social services to meet the goals specified in division	98588
(B) of this section.	98589

(F) Any of the three state departments and their respective	98590
local agencies may require that an entity under contract to	98591
provide social services with Title XX funds submit to an audit on	98592
the basis of alleged misuse or improper accounting of funds. If an	98593
audit is required, the social services provider shall reimburse	98594
the state department or respective local agency for the cost it	98595
incurred in conducting the audit or having the audit conducted.	98596

If an audit demonstrates that a social services provider is	98597
responsible for one or more adverse findings, the provider shall	98598
reimburse the appropriate state department or its respective local	98599
agency the amount of the adverse findings. The amount shall not be	98600
reimbursed with Title XX funds received under this section. The	98601
three state departments and their respective local agencies may	98602
terminate or refuse to enter into a Title XX contract with a	98603
social services provider if there are adverse findings in an audit	98604
that are the responsibility of the provider.	98605

(G) ~~The~~Except with respect to the matters for which each of	98606
the state departments must adopt rules under division (C)(3) of	98607
this section, the department of job and family services may adopt	98608
any rules it considers necessary to implement and carry out the	98609
purposes of this section. Rules governing financial and	98610
operational matters of the department or matters between the	98611
department and county departments of job and family services shall	98612
be adopted as internal management rules in accordance with section	98613
111.15 of the Revised Code. Rules governing eligibility for	98614
services, program participation, and other matters pertaining to	98615
applicants and participants shall be adopted in accordance with	98616
Chapter 119. of the Revised Code.	98617

Sec. 5101.47. (A) Except as provided in ~~division~~divisions	98618
(B) and (C) of this section, the ~~director~~department of job and	98619
family services may accept applications, determine eligibility,	98620
redetermine eligibility, and perform related administrative	98621
activities for one or more of the following:	98622

(1) The medicaid program established by Chapter 5111. of the	98623
Revised Code;	98624

(2) The children's health insurance program parts I, II, and	98625
III provided for under sections 5101.50~~, 5101.51, and 5101.52~~to	98626
5101.529 of the Revised Code;	98627

(3) Publicly funded child care provided under Chapter 5104.	98628
of the Revised Code;	98629

(4) The supplemental nutrition assistance program	98630
administered by the department ~~of job and family services~~ pursuant	98631
to section 5101.54 of the Revised Code;	98632

(5) Other programs the director of job and family services	98633
determines are supportive of children, adults, or families;	98634

(6) Other programs regarding which the director determines	98635
administrative cost savings and efficiency may be achieved through	98636
the department accepting applications, determining eligibility,	98637
redetermining eligibility, or performing related administrative	98638
activities.	98639

(B) To the extent permitted by federal law, the department	98640
may enter into agreements with one or more other state agencies,	98641
local government entities, or political subdivisions to accept	98642
applications, determine eligibility, redetermine eligibility, and	98643
perform related administrative activities on behalf of the	98644
department with respect to the medicaid program and the children's	98645
health insurance program.	98646

(C) If federal law requires a face-to-face interview to	98647
complete an eligibility determination for a program specified in	98648
or pursuant to division (A) of this section, the face-to-face	98649
interview shall not be conducted by the department of job and	98650
family services.	98651

~~(C)~~(D) Subject to division ~~(B)~~(C) of this section, if the	98652
~~director~~department elects to accept applications, determine	98653
eligibility, redetermine eligibility, and perform related	98654
administrative activities for a program specified in or pursuant	98655
to division (A) of this section, both of the following apply:	98656

(1) An individual seeking services under the program may	98657
apply for the program to the ~~director~~department or to the entity	98658
that state law governing the program authorizes to accept	98659
applications for the program.	98660

(2) The ~~director~~department is subject to federal statutes	98661
and regulations and state statutes and rules that require, permit,	98662
or prohibit an action regarding accepting applications,	98663
determining or redetermining eligibility, and performing related	98664
administrative activities for the program.	98665

~~(D)~~(E) The director may adopt rules as necessary to implement	98666
this section.	98667

Sec. 5101.50. (A) As used in sections 5101.50 to ~~5101.529~~	98668
5101.5210 of the Revised Code:	98669

(1) "Children's health insurance program" means the program	98670
authorized by Title XXI of the "Social Security Act," 111 Stat.	98671
552 (1997), 42 U.S.C.A. 1397aa.	98672

(2) "Federal poverty guidelines" has the same meaning as in	98673
section 5101.46 of the Revised Code.	98674

(3) "School-based health center" has the same meaning as in	98675
42 U.S.C. 1397jj(c)(9).	98676

(B) The director of job and family services may continue to	98677
operate the children's health insurance program initially	98678
authorized by an executive order issued under section 107.17 of	98679
the Revised Code as long as federal financial participation is	98680
available for the program. If operated, the program shall provide	98681
health assistance to uninsured individuals under nineteen years of	98682
age with family incomes not exceeding one hundred fifty per cent	98683
of the federal poverty guidelines. In accordance with 42 U.S.C.A.	98684
1397aa, the director may provide for the health assistance to meet	98685
the requirements of 42 U.S.C.A. 1397cc, to be provided under the	98686
medicaid program established under Chapter 5111. of the Revised	98687
Code, or to be a combination of both.	98688

Sec. 5101.504. Health assistance services that the	98689
children's health insurance program part I covers may be furnished	98690
through school-based health centers. Not later than July 1, 2012,	98691
the director of job and family services shall adopt rules under	98692
section 5101.502 of the Revised Code establishing billing,	98693
reimbursement, and data collection requirements for school-based	98694
health centers through which such health assistance services are	98695
furnished.	98696

Sec. 5101.5110. Health assistance services that the	98697
children's health insurance program part II covers may be	98698
furnished through school-based health centers. Not later than July	98699
1, 2012, the director of job and family services shall adopt rules	98700
under section 5101.512 of the Revised Code establishing billing,	98701
reimbursement, and data collection requirements for school-based	98702
health centers through which such health assistance services are	98703
furnished.	98704

~~Sec. 5101.5110.~~ Sec. 5101.5111. (A) The director of job and family	98705
services may submit a waiver request to the United States	98706
secretary of health and human services to provide health	98707
assistance to any individual who meets all of the following	98708
requirements:	98709

(1) Is the parent of a child under nineteen years of age who	98710
resides with the parent and is eligible for health assistance	98711
under the children's health insurance program part I or II or the	98712
medicaid program established under Chapter 5111. of the Revised	98713
Code;	98714

(2) Is uninsured;

98715

(3) Has a family income that does not exceed one hundred per	98716
cent of the federal poverty guidelines.	98717

(B) A waiver request the director submits under division (A)	98718
of this section may seek federal funds allotted to the state under	98719
Title XXI of the "Social Security Act," 111 Stat. 558 (1997), 42	98720
U.S.C.A. 1397dd, as amended, that are not otherwise used to fund	98721
the children's health insurance program parts I and II.	98722

(C) If a waiver request the director submits under division	98723
(A) of this section is granted, the director may adopt rules in	98724
accordance with Chapter 119. of the Revised Code as necessary for	98725
the efficient administration of the program authorization by the	98726
waiver.	98727

Sec. 5101.5210. Health assistance services that the	98728
children's health insurance program part III covers may be	98729
furnished through school-based health centers. Not later than July	98730
1, 2012, the director of job and family services shall adopt rules	98731
under section 5101.522 of the Revised Code establishing billing,	98732
reimbursement, and data collection requirements for school-based	98733
health centers through which such health assistance services are	98734
furnished.	98735

Sec. 5101.57. (A) As used in this section:

98736

(1) "Nontherapeutic abortion" has the same meaning as in	98737
section 124.85 of the Revised Code.	98738

(2) "Political subdivision" means any body corporate and	98739
politic that is responsible for governmental activities in a	98740
geographic area smaller than the state, except that "political	98741
subdivision" does not include either of the following:	98742

(a) A municipal corporation;

98743

(b) A county that has adopted a charter under Section 3 of	98744
Article X, Ohio Constitution, to the extent that it is exercising	98745
the powers of local self-government as provided in that charter	98746
and is subject to Section 3 of Article XVIII, Ohio Constitution.	98747

(3) "Public facility" means any institution, structure,	98748
equipment, or physical asset that is owned, leased, or controlled	98749
by this state or any agency, institution, instrumentality, or	98750
political subdivision thereof. "Public facility" includes any	98751
state university, state medical college, health district, joint	98752
hospital, or public hospital agency.	98753

(B) No public facility shall be used for the purpose of	98754
performing or inducing a nontherapeutic abortion.	98755

Sec. 5101.571. As used in sections 5101.571 to 5101.591 of	98756
the Revised Code:	98757

(A) "Information" means all of the following:

98758

(1) An individual's name, address, date of birth, and social	98759
security number;	98760

(2) The group or plan number, or other identifier, assigned	98761
by a third party to a policy held by an individual or a plan in	98762
which the individual participates and the nature of the coverage;	98763

(3) Any other data the director of job and family services	98764
specifies in rules adopted under section 5101.591 of the Revised	98765
Code.	98766

(B) "Medical assistance" means medical items or services	98767
provided under any of the following:	98768

(1) Medicaid, as defined in section 5111.01 of the Revised	98769
Code;	98770

(2) The children's health insurance program part I, part II,	98771
and part III established under sections 5101.50, 5101.51, and	98772
5101.52 of the Revised Code;	98773

~~(3) The children's buy-in program established under sections~~	98774
~~5101.5211 to 5101.5216 of the Revised Code~~.	98775

(C) "Medical support" means support specified as support for	98776
the purpose of medical care by order of a court or administrative	98777
agency.	98778

(D) "Public assistance" means medical assistance or	98779
assistance under the Ohio works first program established under	98780
Chapter 5107. of the Revised Code.	98781

(E)(1) Subject to division (E)(2) of this section, and except	98782
as provided in division (E)(3) of this section, "third party"	98783
means all of the following:	98784

(a) A person authorized to engage in the business of sickness	98785
and accident insurance under Title XXXIX of the Revised Code;	98786

(b) A person or governmental entity providing coverage for	98787
medical services or items to individuals on a self-insurance	98788
basis;	98789

(c) A health insuring corporation as defined in section	98790
1751.01 of the Revised Code;	98791

(d) A group health plan as defined in 29 U.S.C. 1167;

98792

(e) A service benefit plan as referenced in 42 U.S.C.	98793
1396a(a)(25);	98794

(f) A managed care organization;

98795

(g) A pharmacy benefit manager;

98796

(h) A third party administrator;

98797

(i) Any other person or governmental entity that is, by law,	98798
contract, or agreement, responsible for the payment or processing	98799
of a claim for a medical item or service for a public assistance	98800
recipient or participant.	98801

(2) Except when otherwise provided by 42 U.S.C. 1395y(b), a	98802
person or governmental entity listed in division (E)(1) of this	98803
section is a third party even if the person or governmental entity	98804
limits or excludes payments for a medical item or service in the	98805
case of a public assistance recipient.	98806

(3) "Third party" does not include the program for medically	98807
handicapped children established under section 3701.023 of the	98808
Revised Code.	98809

Sec. 5101.573. (A) Subject to divisions (B) and (C) of this	98810
section, a third party shall do all of the following:	98811

(1) Accept the department of job and family services' right	98812
of recovery under section 5101.58 of the Revised Code and the	98813
assignment of rights to the department that are described in	98814
section 5101.59 of the Revised Code;	98815

(2) Respond to an inquiry by the department regarding a claim	98816
for payment of a medical item or service that was submitted to the	98817
third party not later than ~~three~~six years after the date of the	98818
provision of such medical item or service;	98819

(3) Not charge a fee to do either of the following for a	98820
claim described in division (A)(2) of this section:	98821

(a) Determine whether the claim should be paid;

98822

(b) Process the claim.

98823

(4) Pay a claim described in division (A)(2) of this section;

98824

~~(4)~~(5) Not deny a claim submitted by the department solely on	98825
the basis of the date of submission of the claim, type or format	98826
of the claim form, or a failure by the medical assistance	98827
recipient who is the subject of the claim to present proper	98828
documentation of coverage at the time of service, if both of the	98829
following are true:	98830

(a) The claim was submitted by the department not later than	98831
~~three~~six years after the date of the provision of the medical	98832
item or service.	98833

(b) An action by the department to enforce its right of	98834
recovery under section 5101.58 of the Revised Code on the claim	98835
was commenced not later than six years after the department's	98836
submission of the claim.	98837

~~(5)~~(6) Consider the department's payment of a claim for a	98838
medical item or service to be the equivalent of the medical	98839
assistance recipient having obtained prior authorization for the	98840
item or service from the third party;	98841

~~(6)~~(7) Not deny a claim described in division (A)~~(5)~~(6) of	98842
this section that is submitted by the department solely on the	98843
basis of the medical assistance recipient's failure to obtain	98844
prior authorization for the medical item or service.	98845

(B) For purposes of the requirements in division (A) of this	98846
section, a third party shall treat a managed care organization as	98847
the department for a claim in which both of the following are	98848
true:	98849

(1) The individual who is the subject of the claim received a	98850
medical item or service through a managed care organization that	98851
has entered into a contract with the department of job and family	98852
services under section 5111.17 of the Revised Code;	98853

(2) The department has assigned its right of recovery for the	98854
claim to the managed care organization.	98855

(C) The time limitations associated with the requirements in	98856
divisions (A)(2) and ~~(A)(4)~~(5) of this section apply only to	98857
submissions of claims to, and payments of claims by, a health	98858
insurer to which 42 U.S.C. 1396a(a)(25)(I) applies.	98859

Sec. 5101.58. (A) The acceptance of public assistance gives	98860
an automatic right of recovery to the department of job and family	98861
services and a county department of job and family services	98862
against the liability of a third party for the cost of medical	98863
assistance paid on behalf of the public assistance recipient or	98864
participant. When an action or claim is brought against a third	98865
party by a public assistance recipient or participant, any	98866
payment, settlement or compromise of the action or claim, or any	98867
court award or judgment, is subject to the recovery right of the	98868
department of job and family services or county department of job	98869
and family services. Except in the case of a recipient or	98870
participant who receives medical assistance through a managed care	98871
organization, the department's or county department's claim shall	98872
not exceed the amount of medical assistance paid by a department	98873
on behalf of the recipient or participant. A payment, settlement,	98874
compromise, judgment, or award that excludes the cost of medical	98875
assistance paid for by a department shall not preclude a	98876
department from enforcing its rights under this section.	98877

(B) In the case of a recipient or participant who receives	98878
medical assistance through a managed care organization, the amount	98879
of the department's or county department's claim shall be the	98880
amount the managed care organization pays for medical assistance	98881
rendered to the recipient or participant, even if that amount is	98882
more than the amount a department pays to the managed care	98883
organization for the recipient's or participant's medical	98884
assistance.	98885

(C) A recipient or participant, and the recipient's or	98886
participant's attorney, if any, shall cooperate with the	98887
departments. In furtherance of this requirement, the recipient or	98888
participant, or the recipient's or participant's attorney, if any,	98889
shall, not later than thirty days after initiating informal	98890
recovery activity or filing a legal recovery action against a	98891
third party, provide written notice of the activity or action to	98892
the department of job and family services when medical assistance	98893
under medicaid ~~or the children's buy-in program~~ has been paid.	98894

(D) The written notice that must be given under division (C)	98895
of this section shall disclose the identity and address of any	98896
third party against whom the recipient or participant has or may	98897
have a right of recovery.	98898

(E) No settlement, compromise, judgment, or award or any	98899
recovery in any action or claim by a recipient or participant	98900
where the departments have a right of recovery shall be made final	98901
without first giving the appropriate departments written notice as	98902
described in division (C) of this section and a reasonable	98903
opportunity to perfect their rights of recovery. If the	98904
departments are not given the appropriate written notice, the	98905
recipient or participant and, if there is one, the recipient's or	98906
participant's attorney, are liable to reimburse the departments	98907
for the recovery received to the extent of medical payments made	98908
by the departments.	98909

(F) The departments shall be permitted to enforce their	98910
recovery rights against the third party even though they accepted	98911
prior payments in discharge of their rights under this section if,	98912
at the time the departments received such payments, they were not	98913
aware that additional medical expenses had been incurred but had	98914
not yet been paid by the departments. The third party becomes	98915
liable to the department of job and family services or county	98916
department of job and family services as soon as the third party	98917
is notified in writing of the valid claims for recovery under this	98918
section.	98919

(G)(1) Subject to division (G)(2) of this section, the right	98920
of recovery of a department does not apply to that portion of any	98921
judgment, award, settlement, or compromise of a claim, to the	98922
extent of attorneys' fees, costs, or other expenses incurred by a	98923
recipient or participant in securing the judgment, award,	98924
settlement, or compromise, or to the extent of medical, surgical,	98925
and hospital expenses paid by such recipient or participant from	98926
the recipient's or participant's own resources.	98927

(2) Reasonable attorneys' fees, not to exceed one-third of	98928
the total judgment, award, settlement, or compromise, plus costs	98929
and other expenses incurred by the recipient or participant in	98930
securing the judgment, award, settlement, or compromise, shall	98931
first be deducted from the total judgment, award, settlement, or	98932
compromise. After fees, costs, and other expenses are deducted	98933
from the total judgment, award, settlement, or compromise, the	98934
department of job and family services or appropriate county	98935
department of job and family services shall receive no less than	98936
one-half of the remaining amount, or the actual amount of medical	98937
assistance paid, whichever is less.	98938

(H) A right of recovery created by this section may be	98939
enforced separately or jointly by the department of job and family	98940
services or the appropriate county department of job and family	98941
services. To enforce their recovery rights, the departments may do	98942
any of the following:	98943

(1) Intervene or join in any action or proceeding brought by	98944
the recipient or participant or on the recipient's or	98945
participant's behalf against any third party who may be liable for	98946
the cost of medical assistance paid;	98947

(2) Institute and pursue legal proceedings against any third	98948
party who may be liable for the cost of medical assistance paid;	98949

(3) Initiate legal proceedings in conjunction with any	98950
injured, diseased, or disabled recipient or participant or the	98951
recipient's or participant's attorney or representative.	98952

(I) A recipient or participant shall not assess attorney	98953
fees, costs, or other expenses against the department of job and	98954
family services or a county department of job and family services	98955
when the department or county department enforces its right of	98956
recovery created by this section.	98957

(J) The right of recovery given to the department under this	98958
section does not include rights to support from any other person	98959
assigned to the state under sections 5107.20 and 5115.07 of the	98960
Revised Code, but includes payments made by a third party under	98961
contract with a person having a duty to support.	98962

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	98963
Revised Code:	98964

(A) "Abuse" means the infliction upon an adult by self or	98965
others of injury, unreasonable confinement, intimidation, or cruel	98966
punishment with resulting physical harm, pain, or mental anguish.	98967

(B) "Adult" means any person sixty years of age or older	98968
within this state who is handicapped by the infirmities of aging	98969
or who has a physical or mental impairment which prevents the	98970
person from providing for the person's own care or protection, and	98971
who resides in an independent living arrangement. An "independent	98972
living arrangement" is a domicile of a person's own choosing,	98973
including, but not limited to, a private home, apartment, trailer,	98974
or rooming house. An "independent living arrangement" includes an	98975
adult care facility licensed pursuant to Chapter ~~3722.~~5119. of	98976
the Revised Code, but does not include other institutions or	98977
facilities licensed by the state or facilities in which a person	98978
resides as a result of voluntary, civil, or criminal commitment.	98979

(C) "Caretaker" means the person assuming the responsibility	98980
for the care of an adult on a voluntary basis, by contract,	98981
through receipt of payment for care, as a result of a family	98982
relationship, or by order of a court of competent jurisdiction.	98983

(D) "Court" means the probate court in the county where an	98984
adult resides.	98985

(E) "Emergency" means that the adult is living in conditions	98986
which present a substantial risk of immediate and irreparable	98987
physical harm or death to self or any other person.	98988

(F) "Emergency services" means protective services furnished	98989
to an adult in an emergency.	98990

(G) "Exploitation" means the unlawful or improper act of a	98991
caretaker using an adult or an adult's resources for monetary or	98992
personal benefit, profit, or gain.	98993

(H) "In need of protective services" means an adult known or	98994
suspected to be suffering from abuse, neglect, or exploitation to	98995
an extent that either life is endangered or physical harm, mental	98996
anguish, or mental illness results or is likely to result.	98997

(I) "Incapacitated person" means a person who is impaired for	98998
any reason to the extent that the person lacks sufficient	98999
understanding or capacity to make and carry out reasonable	99000
decisions concerning the person's self or resources, with or	99001
without the assistance of a caretaker. Refusal to consent to the	99002
provision of services shall not be the sole determinative that the	99003
person is incapacitated. "Reasonable decisions" are decisions made	99004
in daily living which facilitate the provision of food, shelter,	99005
clothing, and health care necessary for life support.	99006

(J) "Mental illness" means a substantial disorder of thought,	99007
mood, perception, orientation, or memory that grossly impairs	99008
judgment, behavior, capacity to recognize reality, or ability to	99009
meet the ordinary demands of life.	99010

(K) "Neglect" means the failure of an adult to provide for	99011
self the goods or services necessary to avoid physical harm,	99012
mental anguish, or mental illness or the failure of a caretaker to	99013
provide such goods or services.	99014

(L) "Peace officer" means a peace officer as defined in	99015
section 2935.01 of the Revised Code.	99016

(M) "Physical harm" means bodily pain, injury, impairment, or	99017
disease suffered by an adult.	99018

(N) "Protective services" means services provided by the	99019
county department of job and family services or its designated	99020
agency to an adult who has been determined by evaluation to	99021
require such services for the prevention, correction, or	99022
discontinuance of an act of as well as conditions resulting from	99023
abuse, neglect, or exploitation. Protective services may include,	99024
but are not limited to, case work services, medical care, mental	99025
health services, legal services, fiscal management, home health	99026
care, homemaker services, housing-related services, guardianship	99027
services, and placement services as well as the provision of such	99028
commodities as food, clothing, and shelter.	99029

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	99030
and Friday, except when such day is a holiday as defined in	99031
section 1.14 of the Revised Code.	99032

Sec. 5101.61. (A) As used in this section:

99033

(1) "Senior service provider" means any person who provides	99034
care or services to a person who is an adult as defined in	99035
division (B) of section 5101.60 of the Revised Code.	99036

(2) "Ambulatory health facility" means a nonprofit, public or	99037
proprietary freestanding organization or a unit of such an agency	99038
or organization that:	99039

(a) Provides preventive, diagnostic, therapeutic,	99040
rehabilitative, or palliative items or services furnished to an	99041
outpatient or ambulatory patient, by or under the direction of a	99042
physician or dentist in a facility which is not a part of a	99043
hospital, but which is organized and operated to provide medical	99044
care to outpatients;	99045

(b) Has health and medical care policies which are developed	99046
with the advice of, and with the provision of review of such	99047
policies, an advisory committee of professional personnel,	99048
including one or more physicians, one or more dentists, if dental	99049
care is provided, and one or more registered nurses;	99050

(c) Has a medical director, a dental director, if dental care	99051
is provided, and a nursing director responsible for the execution	99052
of such policies, and has physicians, dentists, nursing, and	99053
ancillary staff appropriate to the scope of services provided;	99054

(d) Requires that the health care and medical care of every	99055
patient be under the supervision of a physician, provides for	99056
medical care in a case of emergency, has in effect a written	99057
agreement with one or more hospitals and other centers or clinics,	99058
and has an established patient referral system to other resources,	99059
and a utilization review plan and program;	99060

(e) Maintains clinical records on all patients;

99061

(f) Provides nursing services and other therapeutic services	99062
in accordance with programs and policies, with such services	99063
supervised by a registered professional nurse, and has a	99064
registered professional nurse on duty at all times of clinical	99065
operations;	99066

(g) Provides approved methods and procedures for the	99067
dispensing and administration of drugs and biologicals;	99068

(h) Has established an accounting and record keeping system	99069
to determine reasonable and allowable costs;	99070

(i) "Ambulatory health facilities" also includes an	99071
alcoholism treatment facility approved by the joint commission on	99072
accreditation of healthcare organizations as an alcoholism	99073
treatment facility or certified by the department of alcohol and	99074
drug addiction services, and such facility shall comply with other	99075
provisions of this division not inconsistent with such	99076
accreditation or certification.	99077

(3) "Community mental health facility" means a facility which	99078
provides community mental health services and is included in the	99079
comprehensive mental health plan for the alcohol, drug addiction,	99080
and mental health service district in which it is located.	99081

(4) "Community mental health service" means services, other	99082
than inpatient services, provided by a community mental health	99083
facility.	99084

(5) "Home health agency" means an institution or a distinct	99085
part of an institution operated in this state which:	99086

(a) Is primarily engaged in providing home health services;

99087

(b) Has home health policies which are established by a group	99088
of professional personnel, including one or more duly licensed	99089
doctors of medicine or osteopathy and one or more registered	99090
professional nurses, to govern the home health services it	99091
provides and which includes a requirement that every patient must	99092
be under the care of a duly licensed doctor of medicine or	99093
osteopathy;	99094

(c) Is under the supervision of a duly licensed doctor of	99095
medicine or doctor of osteopathy or a registered professional	99096
nurse who is responsible for the execution of such home health	99097
policies;	99098

(d) Maintains comprehensive records on all patients;

99099

(e) Is operated by the state, a political subdivision, or an	99100
agency of either, or is operated not for profit in this state and	99101
is licensed or registered, if required, pursuant to law by the	99102
appropriate department of the state, county, or municipality in	99103
which it furnishes services; or is operated for profit in this	99104
state, meets all the requirements specified in divisions (A)(5)(a)	99105
to (d) of this section, and is certified under Title XVIII of the	99106
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	99107
amended.	99108

(6) "Home health service" means the following items and	99109
services, provided, except as provided in division (A)(6)(g) of	99110
this section, on a visiting basis in a place of residence used as	99111
the patient's home:	99112

(a) Nursing care provided by or under the supervision of a	99113
registered professional nurse;	99114

(b) Physical, occupational, or speech therapy ordered by the	99115
patient's attending physician;	99116

(c) Medical social services performed by or under the	99117
supervision of a qualified medical or psychiatric social worker	99118
and under the direction of the patient's attending physician;	99119

(d) Personal health care of the patient performed by aides in	99120
accordance with the orders of a doctor of medicine or osteopathy	99121
and under the supervision of a registered professional nurse;	99122

(e) Medical supplies and the use of medical appliances;

99123

(f) Medical services of interns and residents-in-training	99124
under an approved teaching program of a nonprofit hospital and	99125
under the direction and supervision of the patient's attending	99126
physician;	99127

(g) Any of the foregoing items and services which:

99128

(i) Are provided on an outpatient basis under arrangements	99129
made by the home health agency at a hospital or skilled nursing	99130
facility;	99131

(ii) Involve the use of equipment of such a nature that the	99132
items and services cannot readily be made available to the patient	99133
in the patient's place of residence, or which are furnished at the	99134
hospital or skilled nursing facility while the patient is there to	99135
receive any item or service involving the use of such equipment.	99136

Any attorney, physician, osteopath, podiatrist, chiropractor,	99137
dentist, psychologist, any employee of a hospital as defined in	99138
section 3701.01 of the Revised Code, any nurse licensed under	99139
Chapter 4723. of the Revised Code, any employee of an ambulatory	99140
health facility, any employee of a home health agency, any	99141
employee of an adult care facility as defined in section ~~3722.01~~	99142
5119.70 of the Revised Code, any employee of a nursing home,	99143
residential care facility, or home for the aging, as defined in	99144
section 3721.01 of the Revised Code, any senior service provider,	99145
any peace officer, coroner, clergyman, any employee of a community	99146
mental health facility, and any person engaged in social work or	99147
counseling having reasonable cause to believe that an adult is	99148
being abused, neglected, or exploited, or is in a condition which	99149
is the result of abuse, neglect, or exploitation shall immediately	99150
report such belief to the county department of job and family	99151
services. This section does not apply to employees of any hospital	99152
or public hospital as defined in section 5122.01 of the Revised	99153
Code.	99154

(B) Any person having reasonable cause to believe that an	99155
adult has suffered abuse, neglect, or exploitation may report, or	99156
cause reports to be made of such belief to the department.	99157

(C) The reports made under this section shall be made orally	99158
or in writing except that oral reports shall be followed by a	99159
written report if a written report is requested by the department.	99160
Written reports shall include:	99161

(1) The name, address, and approximate age of the adult who	99162
is the subject of the report;	99163

(2) The name and address of the individual responsible for	99164
the adult's care, if any individual is, and if the individual is	99165
known;	99166

(3) The nature and extent of the alleged abuse, neglect, or	99167
exploitation of the adult;	99168

(4) The basis of the reporter's belief that the adult has	99169
been abused, neglected, or exploited.	99170

(D) Any person with reasonable cause to believe that an adult	99171
is suffering abuse, neglect, or exploitation who makes a report	99172
pursuant to this section or who testifies in any administrative or	99173
judicial proceeding arising from such a report, or any employee of	99174
the state or any of its subdivisions who is discharging	99175
responsibilities under section 5101.62 of the Revised Code shall	99176
be immune from civil or criminal liability on account of such	99177
investigation, report, or testimony, except liability for perjury,	99178
unless the person has acted in bad faith or with malicious	99179
purpose.	99180

(E) No employer or any other person with the authority to do	99181
so shall discharge, demote, transfer, prepare a negative work	99182
performance evaluation, or reduce benefits, pay, or work	99183
privileges, or take any other action detrimental to an employee or	99184
in any way retaliate against an employee as a result of the	99185
employee's having filed a report under this section.	99186

(F) Neither the written or oral report provided for in this	99187
section nor the investigatory report provided for in section	99188
5101.62 of the Revised Code shall be considered a public record as	99189
defined in section 149.43 of the Revised Code. Information	99190
contained in the report shall upon request be made available to	99191
the adult who is the subject of the report, to agencies authorized	99192
by the department to receive information contained in the report,	99193
and to legal counsel for the adult.	99194

Sec. 5101.98. (A) There is hereby created in the state	99195
treasury the military injury relief fund, which shall consist of	99196
money contributed to it under section 5747.113 of the Revised	99197
Code, of incentive grants authorized by the "Jobs for Veterans	99198
Act," 116 Stat. 2033 (2002), and of contributions made directly to	99199
it. Any person or entity may contribute directly to the fund in	99200
addition to or independently of the income tax refund contribution	99201
system established in section 5747.113 of the Revised Code.	99202

(B) Upon application, the director of job and family services	99203
shall grant money in the fund to individuals injured while in	99204
active service as a member of the armed forces of the United	99205
States while serving under operation Iraqi freedom, operation new	99206
dawn, or operation enduring freedom and to individuals diagnosed	99207
with post-traumatic stress disorder while serving, or after having	99208
served, in operation Iraqi freedom, operation new dawn, or	99209
operation enduring freedom.	99210

(C) An individual who receives a grant under this section is	99211
precluded from receiving additional grants under this section	99212
during the same state fiscal year but is not precluded from being	99213
considered for or receiving other assistance offered by the	99214
department of job and family services.	99215

(D) The director shall adopt rules under Chapter 119. of the	99216
Revised Code establishing:	99217

(1) Forms and procedures by which individuals may apply for a	99218
grant under this section;	99219

(2) Criteria for reviewing, evaluating, and approving or	99220
denying grant applications;	99221

(3) Criteria for determining the amount of grants awarded	99222
under this section;	99223

(4) Definitions and standards applicable to determining	99224
whether an individual meets the requirements established in	99225
division (B) of this section;	99226

(5) The process for appealing eligibility determinations; and

99227

(6) Any other rules necessary to administer the grant program	99228
established in this section.	99229

(E) An eligibility determination, a grant approval, or a	99230
grant denial made under this section may not be appealed under	99231
Chapter 119., section 5101.35, or any other provision of the	99232
Revised Code.	99233

Sec. 5104.01. As used in this chapter:

99234

(A) "Administrator" means the person responsible for the	99235
daily operation of a center or type A home. The administrator and	99236
the owner may be the same person.	99237

(B) "Approved child day camp" means a child day camp approved	99238
pursuant to section 5104.22 of the Revised Code.	99239

(C) "Authorized provider" means a person authorized by a	99240
county director of job and family services to operate a certified	99241
type B family day-care home.	99242

(D) "Border state child care provider" means a child care	99243
provider that is located in a state bordering Ohio and that is	99244
licensed, certified, or otherwise approved by that state to	99245
provide child care.	99246

(E) "Career pathways model" means an alternative pathway to	99247
meeting the requirements for a child care staff member or	99248
administrator that uses one framework to integrate the pathways of	99249
formal education, training, experience, and specialized	99250
credentials, and certifications, and that allows the member or	99251
administrator to achieve a designation as an early childhood	99252
professional level one, two, three, four, five, or six.	99253

(F) "Caretaker parent" means the father or mother of a child	99254
whose presence in the home is needed as the caretaker of the	99255
child, a person who has legal custody of a child and whose	99256
presence in the home is needed as the caretaker of the child, a	99257
guardian of a child whose presence in the home is needed as the	99258
caretaker of the child, and any other person who stands in loco	99259
parentis with respect to the child and whose presence in the home	99260
is needed as the caretaker of the child.	99261

~~(F)~~(G) "Certified type B family day-care home" and "certified	99262
type B home" mean a type B family day-care home that is certified	99263
by the director of the county department of job and family	99264
services pursuant to section 5104.11 of the Revised Code to	99265
receive public funds for providing child care pursuant to this	99266
chapter and any rules adopted under it.	99267

~~(G)~~(H) "Chartered nonpublic school" means a school that meets	99268
standards for nonpublic schools prescribed by the state board of	99269
education for nonpublic schools pursuant to section 3301.07 of the	99270
Revised Code.	99271

~~(H)~~(I) "Child" includes an infant, toddler, preschool child,	99272
or school child.	99273

~~(I)~~(J) "Child care block grant act" means the "Child Care and	99274
Development Block Grant Act of 1990," established in section 5082	99275
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	99276
1388-236 (1990), 42 U.S.C. 9858, as amended.	99277

~~(J)~~(K) "Child day camp" means a program in which only school	99278
children attend or participate, that operates for no more than	99279
seven hours per day, that operates only during one or more public	99280
school district's regular vacation periods or for no more than	99281
fifteen weeks during the summer, and that operates outdoor	99282
activities for each child who attends or participates in the	99283
program for a minimum of fifty per cent of each day that children	99284
attend or participate in the program, except for any day when	99285
hazardous weather conditions prevent the program from operating	99286
outdoor activities for a minimum of fifty per cent of that day.	99287
For purposes of this division, the maximum seven hours of	99288
operation time does not include transportation time from a child's	99289
home to a child day camp and from a child day camp to a child's	99290
home.	99291

~~(K)~~(L) "Child care" means administering to the needs of	99292
infants, toddlers, preschool children, and school children outside	99293
of school hours by persons other than their parents or guardians,	99294
custodians, or relatives by blood, marriage, or adoption for any	99295
part of the twenty-four-hour day in a place or residence other	99296
than a child's own home.	99297

~~(L)~~(M) "Child day-care center" and "center" mean any place in	99298
which child care or publicly funded child care is provided for	99299
thirteen or more children at one time or any place that is not the	99300
permanent residence of the licensee or administrator in which	99301
child care or publicly funded child care is provided for seven to	99302
twelve children at one time. In counting children for the purposes	99303
of this division, any children under six years of age who are	99304
related to a licensee, administrator, or employee and who are on	99305
the premises of the center shall be counted. "Child day-care	99306
center" and "center" do not include any of the following:	99307

(1) A place located in and operated by a hospital, as defined	99308
in section 3727.01 of the Revised Code, in which the needs of	99309
children are administered to, if all the children whose needs are	99310
being administered to are monitored under the on-site supervision	99311
of a physician licensed under Chapter 4731. of the Revised Code or	99312
a registered nurse licensed under Chapter 4723. of the Revised	99313
Code, and the services are provided only for children who, in the	99314
opinion of the child's parent, guardian, or custodian, are	99315
exhibiting symptoms of a communicable disease or other illness or	99316
are injured;	99317

(2) A child day camp;

99318

(3) A place that provides child care, but not publicly funded	99319
child care, if all of the following apply:	99320

(a) An organized religious body provides the child care;

99321

(b) A parent, custodian, or guardian of at least one child	99322
receiving child care is on the premises and readily accessible at	99323
all times;	99324

(c) The child care is not provided for more than thirty days	99325
a year;	99326

(d) The child care is provided only for preschool and school	99327
children.	99328

~~(M)~~(N) "Child care resource and referral service	99329
organization" means a community-based nonprofit organization that	99330
provides child care resource and referral services but not child	99331
care.	99332

~~(N)~~(O) "Child care resource and referral services" means all	99333
of the following services:	99334

(1) Maintenance of a uniform data base of all child care	99335
providers in the community that are in compliance with this	99336
chapter, including current occupancy and vacancy data;	99337

(2) Provision of individualized consumer education to	99338
families seeking child care;	99339

(3) Provision of timely referrals of available child care	99340
providers to families seeking child care;	99341

(4) Recruitment of child care providers;

99342

(5) Assistance in the development, conduct, and dissemination	99343
of training for child care providers and provision of technical	99344
assistance to current and potential child care providers,	99345
employers, and the community;	99346

(6) Collection and analysis of data on the supply of and	99347
demand for child care in the community;	99348

(7) Technical assistance concerning locally, state, and	99349
federally funded child care and early childhood education	99350
programs;	99351

(8) Stimulation of employer involvement in making child care	99352
more affordable, more available, safer, and of higher quality for	99353
their employees and for the community;	99354

(9) Provision of written educational materials to caretaker	99355
parents and informational resources to child care providers;	99356

(10) Coordination of services among child care resource and	99357
referral service organizations to assist in developing and	99358
maintaining a statewide system of child care resource and referral	99359
services if required by the department of job and family services;	99360

(11) Cooperation with the county department of job and family	99361
services in encouraging the establishment of parent cooperative	99362
child care centers and parent cooperative type A family day-care	99363
homes.	99364

~~(O)~~(P) "Child-care staff member" means an employee of a child	99365
day-care center or type A family day-care home who is primarily	99366
responsible for the care and supervision of children. The	99367
administrator may be a part-time child-care staff member when not	99368
involved in other duties.	99369

~~(P)~~(Q) "Drop-in child day-care center," "drop-in center,"	99370
"drop-in type A family day-care home," and "drop-in type A home"	99371
mean a center or type A home that provides child care or publicly	99372
funded child care for children on a temporary, irregular basis.	99373

~~(Q)~~(R) "Employee" means a person who either:

99374

(1) Receives compensation for duties performed in a child	99375
day-care center or type A family day-care home;	99376

(2) Is assigned specific working hours or duties in a child	99377
day-care center or type A family day-care home.	99378

~~(R)~~(S) "Employer" means a person, firm, institution,	99379
organization, or agency that operates a child day-care center or	99380
type A family day-care home subject to licensure under this	99381
chapter.	99382

~~(S)~~(T) "Federal poverty line" means the official poverty	99383
guideline as revised annually in accordance with section 673(2) of	99384
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	99385
U.S.C. 9902, as amended, for a family size equal to the size of	99386
the family of the person whose income is being determined.	99387

~~(T)~~(U) "Head start program" means a comprehensive child	99388
development program that receives funds distributed under the	99389
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	99390
amended, and is licensed as a child day-care center.	99391

~~(U)~~(V) "Income" means gross income, as defined in section	99392
5107.10 of the Revised Code, less any amounts required by federal	99393
statutes or regulations to be disregarded.	99394

~~(V)~~(W) "Indicator checklist" means an inspection tool, used	99395
in conjunction with an instrument-based program monitoring	99396
information system, that contains selected licensing requirements	99397
that are statistically reliable indicators or predictors of a	99398
child day-care center or type A family day-care home's compliance	99399
with licensing requirements.	99400

~~(W)~~(X) "Infant" means a child who is less than eighteen	99401
months of age.	99402

~~(X)~~(Y) "In-home aide" means a person who does not reside with	99403
the child but provides care in the child's home and is certified	99404
by a county director of job and family services pursuant to	99405
section 5104.12 of the Revised Code to provide publicly funded	99406
child care to a child in a child's own home pursuant to this	99407
chapter and any rules adopted under it.	99408

~~(Y)~~(Z) "Instrument-based program monitoring information	99409
system" means a method to assess compliance with licensing	99410
requirements for child day-care centers and type A family day-care	99411
homes in which each licensing requirement is assigned a weight	99412
indicative of the relative importance of the requirement to the	99413
health, growth, and safety of the children that is used to develop	99414
an indicator checklist.	99415

~~(Z)~~(AA) "License capacity" means the maximum number in each	99416
age category of children who may be cared for in a child day-care	99417
center or type A family day-care home at one time as determined by	99418
the director of job and family services considering building	99419
occupancy limits established by the department of commerce, ~~number~~	99420
~~of available child-care staff members,~~ amount of available indoor	99421
floor space and outdoor play space, and amount of available play	99422
equipment, materials, and supplies. For the purposes of a	99423
provisional license issued under this chapter, the director shall	99424
also consider the number of available child-care staff members	99425
when determining "license capacity" for the provisional license.	99426

~~(AA)~~(BB) "Licensed preschool program" or "licensed school	99427
child program" means a preschool program or school child program,	99428
as defined in section 3301.52 of the Revised Code, that is	99429
licensed by the department of education pursuant to sections	99430
3301.52 to 3301.59 of the Revised Code.	99431

~~(BB)~~(CC) "Licensee" means the owner of a child day-care	99432
center or type A family day-care home that is licensed pursuant to	99433
this chapter and who is responsible for ensuring its compliance	99434
with this chapter and rules adopted pursuant to this chapter.	99435

~~(CC)~~(DD) "Operate a child day camp" means to operate,	99436
establish, manage, conduct, or maintain a child day camp.	99437

~~(DD)~~(EE) "Owner" includes a person, as defined in section	99438
1.59 of the Revised Code, or government entity.	99439

~~(EE)~~(FF) "Parent cooperative child day-care center," "parent	99440
cooperative center," "parent cooperative type A family day-care	99441
home," and "parent cooperative type A home" mean a corporation or	99442
association organized for providing educational services to the	99443
children of members of the corporation or association, without	99444
gain to the corporation or association as an entity, in which the	99445
services of the corporation or association are provided only to	99446
children of the members of the corporation or association,	99447
ownership and control of the corporation or association rests	99448
solely with the members of the corporation or association, and at	99449
least one parent-member of the corporation or association is on	99450
the premises of the center or type A home during its hours of	99451
operation.	99452

~~(FF)~~(GG) "Part-time child day-care center," "part-time	99453
center," "part-time type A family day-care home," and "part-time	99454
type A home" mean a center or type A home that provides child care	99455
or publicly funded child care for no more than four hours a day	99456
for any child.	99457

~~(GG)~~(HH) "Place of worship" means a building where activities	99458
of an organized religious group are conducted and includes the	99459
grounds and any other buildings on the grounds used for such	99460
activities.	99461

~~(HH)~~(II) "Preschool child" means a child who is three years	99462
old or older but is not a school child.	99463

~~(II)~~(JJ) "Protective child care" means publicly funded child	99464
care for the direct care and protection of a child to whom either	99465
of the following applies:	99466

(1) A case plan prepared and maintained for the child	99467
pursuant to section 2151.412 of the Revised Code indicates a need	99468
for protective care and the child resides with a parent,	99469
stepparent, guardian, or another person who stands in loco	99470
parentis as defined in rules adopted under section 5104.38 of the	99471
Revised Code;	99472

(2) The child and the child's caretaker either temporarily	99473
reside in a facility providing emergency shelter for homeless	99474
families or are determined by the county department of job and	99475
family services to be homeless, and are otherwise ineligible for	99476
publicly funded child care.	99477

~~(JJ)~~(KK) "Publicly funded child care" means administering to	99478
the needs of infants, toddlers, preschool children, and school	99479
children under age thirteen during any part of the	99480
twenty-four-hour day by persons other than their caretaker parents	99481
for remuneration wholly or in part with federal or state funds,	99482
including funds available under the child care block grant act,	99483
Title IV-A, and Title XX, distributed by the department of job and	99484
family services.	99485

~~(KK)~~(LL) "Religious activities" means any of the following:	99486
worship or other religious services; religious instruction; Sunday	99487
school classes or other religious classes conducted during or	99488
prior to worship or other religious services; youth or adult	99489
fellowship activities; choir or other musical group practices or	99490
programs; meals; festivals; or meetings conducted by an organized	99491
religious group.	99492

~~(LL)~~(MM) "School child" means a child who is enrolled in or	99493
is eligible to be enrolled in a grade of kindergarten or above but	99494
is less than fifteen years old.	99495

~~(MM)~~(NN) "School child day-care center," "school child	99496
center," "school child type A family day-care home," and "school	99497
child type A family home" mean a center or type A home that	99498
provides child care for school children only and that does either	99499
or both of the following:	99500

(1) Operates only during that part of the day that	99501
immediately precedes or follows the public school day of the	99502
school district in which the center or type A home is located;	99503

(2) Operates only when the public schools in the school	99504
district in which the center or type A home is located are not	99505
open for instruction with pupils in attendance.	99506

~~(NN)~~(OO) "Serious risk noncompliance" means a licensure or	99507
certification rule violation that leads to a great risk of harm	99508
to, or death of, a child, and is observable, not inferable.	99509

(PP) "State median income" means the state median income	99510
calculated by the department of development pursuant to division	99511
(A)(1)(g) of section 5709.61 of the Revised Code.	99512

~~(OO)~~(QQ) "Title IV-A" means Title IV-A of the "Social	99513
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	99514

~~(PP)~~(RR) "Title XX" means Title XX of the "Social Security	99515
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	99516

~~(QQ)~~(SS) "Toddler" means a child who is at least eighteen	99517
months of age but less than three years of age.	99518

~~(RR)~~(TT) "Type A family day-care home" and "type A home" mean	99519
a permanent residence of the administrator in which child care or	99520
publicly funded child care is provided for seven to twelve	99521
children at one time or a permanent residence of the administrator	99522
in which child care is provided for four to twelve children at one	99523
time if four or more children at one time are under two years of	99524
age. In counting children for the purposes of this division, any	99525
children under six years of age who are related to a licensee,	99526
administrator, or employee and who are on the premises of the type	99527
A home shall be counted. "Type A family day-care home" and "type A	99528
home" do not include any child day camp.	99529

~~(SS)~~(UU) "Type B family day-care home" and "type B home" mean	99530
a permanent residence of the provider in which child care is	99531
provided for one to six children at one time and in which no more	99532
than three children are under two years of age at one time. In	99533
counting children for the purposes of this division, any children	99534
under six years of age who are related to the provider and who are	99535
on the premises of the type B home shall be counted. "Type B	99536
family day-care home" and "type B home" do not include any child	99537
day camp.	99538

Sec. 5104.011. (A) The director of job and family services	99539
shall adopt rules pursuant to Chapter 119. of the Revised Code	99540
governing the operation of child day-care centers, including, but	99541
not limited to, parent cooperative centers, part-time centers,	99542
drop-in centers, and school child centers, which rules shall	99543
reflect the various forms of child care and the needs of children	99544
receiving child care or publicly funded child care and shall	99545
include specific rules for school child care centers that are	99546
developed in consultation with the department of education. The	99547
rules shall not require an existing school facility that is in	99548
compliance with applicable building codes to undergo an additional	99549
building code inspection or to have structural modifications. The	99550
rules shall include the following:	99551

(1) Submission of a site plan and descriptive plan of	99552
operation to demonstrate how the center proposes to meet the	99553
requirements of this chapter and rules adopted pursuant to this	99554
chapter for the initial license application;	99555

(2) Standards for ensuring that the physical surroundings of	99556
the center are safe and sanitary including, but not limited to,	99557
the physical environment, the physical plant, and the equipment of	99558
the center;	99559

(3) Standards for the supervision, care, and discipline of	99560
children receiving child care or publicly funded child care in the	99561
center;	99562

(4) Standards for a program of activities, and for play	99563
equipment, materials, and supplies, to enhance the development of	99564
each child; however, any educational curricula, philosophies, and	99565
methodologies that are developmentally appropriate and that	99566
enhance the social, emotional, intellectual, and physical	99567
development of each child shall be permissible. As used in this	99568
division, "program" does not include instruction in religious or	99569
moral doctrines, beliefs, or values that is conducted at child	99570
day-care centers owned and operated by churches and does include	99571
methods of disciplining children at child day-care centers.	99572

(5) Admissions policies and procedures, health care policies	99573
and procedures, including, but not limited to, procedures for the	99574
isolation of children with communicable diseases, first aid and	99575
emergency procedures, procedures for discipline and supervision of	99576
children, standards for the provision of nutritious meals and	99577
snacks, and procedures for screening children and employees,	99578
~~including, but not limited to,~~that may include any necessary	99579
physical examinations and immunizations;	99580

(6) Methods for encouraging parental participation in the	99581
center and methods for ensuring that the rights of children,	99582
parents, and employees are protected and that responsibilities of	99583
parents and employees are met;	99584

(7) Procedures for ensuring the safety and adequate	99585
supervision of children traveling off the premises of the center	99586
while under the care of a center employee;	99587

(8) Procedures for record keeping, organization, and	99588
administration;	99589

(9) Procedures for issuing, ~~renewing,~~ denying, and revoking a	99590
license that are not otherwise provided for in Chapter 119. of the	99591
Revised Code;	99592

(10) Inspection procedures;

99593

(11) Procedures and standards for setting initial ~~and renewal~~	99594
license application fees;	99595

(12) Procedures for receiving, recording, and responding to	99596
complaints about centers;	99597

(13) Procedures for enforcing section 5104.04 of the Revised	99598
Code;	99599

(14) A standard requiring the inclusion, on and after July 1,	99600
1987, of a current department of job and family services toll-free	99601
telephone number on each center provisional license or license	99602
which any person may use to report a suspected violation by the	99603
center of this chapter or rules adopted pursuant to this chapter;	99604

(15) Requirements for the training of administrators and	99605
child-care staff members in first aid, in prevention, recognition,	99606
and management of communicable diseases, and in child abuse	99607
recognition and prevention. Training requirements for child	99608
day-care centers adopted under this division shall be consistent	99609
with divisions (B)(6) and (C)(1) of this section.	99610

(16) ~~Procedures to be used by licensees for checking the~~	99611
~~references of potential employees of centers and procedures to be~~	99612
~~used by the director for checking the references of applicants for~~	99613
~~licenses to operate centers;~~	99614

~~(17)~~ Standards providing for the special needs of children	99615
who are handicapped or who require treatment for health conditions	99616
while the child is receiving child care or publicly funded child	99617
care in the center;	99618

~~(18)~~(17) A procedure for reporting of injuries of children	99619
that occur at the center;	99620

~~(19)~~(18) Any other procedures and standards necessary to	99621
carry out this chapter.	99622

(B)(1) The child day-care center shall have, for each child	99623
for whom the center is licensed, at least thirty-five square feet	99624
of usable indoor floor space wall-to-wall regularly available for	99625
the child care operation exclusive of any parts of the structure	99626
in which the care of children is prohibited by law or by rules	99627
adopted by the board of building standards. The minimum of	99628
thirty-five square feet of usable indoor floor space shall not	99629
include hallways, kitchens, storage areas, or any other areas that	99630
are not available for the care of children, as determined by the	99631
director, in meeting the space requirement of this division, and	99632
bathrooms shall be counted in determining square footage only if	99633
they are used exclusively by children enrolled in the center,	99634
except that the exclusion of hallways, kitchens, storage areas,	99635
bathrooms not used exclusively by children enrolled in the center,	99636
and any other areas not available for the care of children from	99637
the minimum of thirty-five square feet of usable indoor floor	99638
space shall not apply to:	99639

(a) Centers licensed prior to or on September 1, 1986, that	99640
continue under licensure after that date;	99641

(b) Centers licensed prior to or on September 1, 1986, that	99642
are issued a new license after that date solely due to a change of	99643
ownership of the center.	99644

(2) The child day-care center shall have on the site a safe	99645
outdoor play space which is enclosed by a fence or otherwise	99646
protected from traffic or other hazards. The play space shall	99647
contain not less than sixty square feet per child using such space	99648
at any one time, and shall provide an opportunity for supervised	99649
outdoor play each day in suitable weather. The director may exempt	99650
a center from the requirement of this division, if an outdoor play	99651
space is not available and if all of the following are met:	99652

(a) The center provides an indoor recreation area that has	99653
not less than sixty square feet per child using the space at any	99654
one time, that has a minimum of one thousand four hundred forty	99655
square feet of space, and that is separate from the indoor space	99656
required under division (B)(1) of this section.	99657

(b) The director has determined that there is regularly	99658
available and scheduled for use a conveniently accessible and safe	99659
park, playground, or similar outdoor play area for play or	99660
recreation.	99661

(c) The children are closely supervised during play and while	99662
traveling to and from the area.	99663

The director also shall exempt from the requirement of this	99664
division a child day-care center that was licensed prior to	99665
September 1, 1986, if the center received approval from the	99666
director prior to September 1, 1986, to use a park, playground, or	99667
similar area, not connected with the center, for play or	99668
recreation in lieu of the outdoor space requirements of this	99669
section and if the children are closely supervised both during	99670
play and while traveling to and from the area and except if the	99671
director determines upon investigation and inspection pursuant to	99672
section 5104.04 of the Revised Code and rules adopted pursuant to	99673
that section that the park, playground, or similar area, as well	99674
as access to and from the area, is unsafe for the children.	99675

(3) The child day-care center shall have at least two	99676
responsible adults available on the premises at all times when	99677
seven or more children are in the center. The center shall	99678
organize the children in the center in small groups, shall provide	99679
child-care staff to give continuity of care and supervision to the	99680
children on a day-by-day basis, and shall ensure that no child is	99681
left alone or unsupervised. Except as otherwise provided in	99682
division (E) of this section, the maximum number of children per	99683
child-care staff member and maximum group size, by age category of	99684
children, are as follows:	99685

	Maximum Number of		99686
	Children Per	Maximum	99687
Age Category	Child-Care	Group	99688
of Children	Staff Member	Size	99689
(a) Infants:			99690
(i) Less than twelve			99691
months old	5:1, or		99692
	12:2 if two		99693
	child-care		99694
	staff members		99695
	are in the room	12	99696
(ii) At least twelve			99697
months old, but			99698
less than eighteen			99699
months old	6:1	12	99700
(b) Toddlers:			99701
(i) At least eighteen			99702
months old, but			99703
less than thirty			99704
months old	7:1	14	99705
(ii) At least thirty months			99706
old, but less than			99707
three years old	8:1	16	99708
(c) Preschool			99709
children:			99710
(i) Three years old	12:1	24	99711
(ii) Four years old and			99712
five years old who			99713
are not school			99714
children	14:1	28	99715
(d) School children:			99716
(i) A child who is			99717
enrolled in or is			99718
eligible to be			99719
enrolled in a grade			99720
of kindergarten			99721
or above, but			99722
is less than			99723
eleven years old	18:1	36	99724
(ii) Eleven through fourteen			99725
years old	20:1	40	99726

Except as otherwise provided in division (E) of this section,	99727
the maximum number of children per child-care staff member and	99728
maximum group size requirements of the younger age group shall	99729
apply when age groups are combined.	99730

(4)(a) The child day-care center administrator shall show the	99731
director both of the following:	99732

(i) Evidence of at least high school graduation or	99733
certification of high school equivalency by the state board of	99734
education or the appropriate agency of another state;	99735

(ii) Evidence of having completed at least two years of	99736
training in an accredited college, university, or technical	99737
college, including courses in child development or early childhood	99738
education, or at least two years of experience in supervising and	99739
giving daily care to children attending an organized group	99740
program, or the equivalent based on a designation as an "early	99741
childhood professional level three" under the career pathways	99742
model of the quality-rating program established under section	99743
5104.30 of the Revised Code.	99744

(b) In addition to the requirements of division (B)(4)(a) of	99745
this section and except as provided in division (B)(4)(c) of this	99746
section, any administrator employed or designated ~~on or after~~	99747
~~September 1, 1986,~~as such prior to the effective date of this	99748
section, as amended, shall show evidence of~~, and any administrator~~	99749
~~employed or designated prior to September 1, 1986, shall show~~	99750
~~evidence~~at least one of the following within six years after ~~such~~	99751
the date of~~, at least one of the following~~employment or	99752
designation:	99753

(i) Two years of experience working as a child-care staff	99754
member in a center and at least four courses in child development	99755
or early childhood education from an accredited college,	99756
university, or technical college, except that a person who has two	99757
years of experience working as a child-care staff member in a	99758
particular center and who has been promoted to or designated as	99759
administrator of that center shall have one year from the time the	99760
person was promoted to or designated as administrator to complete	99761
the required four courses;	99762

(ii) Two years of training, including at least four courses	99763
in child development or early childhood education from an	99764
accredited college, university, or technical college;	99765

(iii) A child development associate credential issued by the	99766
national child development associate credentialing commission;	99767

(iv) An associate or higher degree in child development or	99768
early childhood education from an accredited college, technical	99769
college, or university, or a license designated for teaching in an	99770
associate teaching position in a preschool setting issued by the	99771
state board of education.	99772

(c) For the purposes of division (B)(4)(b) of this section,	99773
any administrator employed or designated as such prior to the	99774
effective date of this section, as amended, may also show evidence	99775
of an administrator's credential as approved by the department of	99776
job and family services in lieu of, or in addition to, the	99777
evidence required under division (B)(4)(b) of this section. The	99778
evidence of an administrator's credential must be shown to the	99779
director not later than one year after the date of employment or	99780
designation.	99781

(d) In addition to the requirements of division (B)(4)(a) of	99782
this section, any administrator employed or designated as such on	99783
or after the effective date of this section, as amended, shall	99784
show evidence of at least one of the following not later than one	99785
year after the date of employment or designation:	99786

(i) Two years of experience working as a child-care staff	99787
member in a center and at least four courses in child development	99788
or early childhood education from an accredited college,	99789
university, or technical college, except that a person who has two	99790
years of experience working as a child-care staff member in a	99791
particular center and who has been promoted to or designated as	99792
administrator of that center shall have one year from the time the	99793
person was promoted to or designated as administrator to complete	99794
the required four courses;	99795

(ii) Two years of training, including at least four courses	99796
in child development or early childhood education from an	99797
accredited college, university, or technical college;	99798

(iii) A child development associate credential issued by the	99799
national child development associate credentialing commission;	99800

(iv) An associate or higher degree in child development or	99801
early childhood education from an accredited college, technical	99802
college, or university, or a license designated for teaching in an	99803
associate teaching position in a preschool setting issued by the	99804
state board of education;	99805

(v) An administrator's credential as approved by the	99806
department of job and family services.	99807

(5) All child-care staff members of a child day-care center	99808
shall be at least eighteen years of age, and shall furnish the	99809
director evidence of at least high school graduation or	99810
certification of high school equivalency by the state board of	99811
education or the appropriate agency of another state or evidence	99812
of completion of a training program approved by the department of	99813
job and family services or state board of education, except as	99814
follows:	99815

(a) A child-care staff member may be less than eighteen years	99816
of age if the staff member is either of the following:	99817

(i) A graduate of a two-year vocational child-care training	99818
program approved by the state board of education;	99819

(ii) A student enrolled in the second year of a vocational	99820
child-care training program approved by the state board of	99821
education which leads to high school graduation, provided that the	99822
student performs the student's duties in the child day-care center	99823
under the continuous supervision of an experienced child-care	99824
staff member, receives periodic supervision from the vocational	99825
child-care training program teacher-coordinator in the student's	99826
high school, and meets all other requirements of this chapter and	99827
rules adopted pursuant to this chapter.	99828

(b) A child-care staff member shall be exempt from the	99829
educational requirements of this division if the staff member:	99830

(i) Prior to January 1, 1972, was employed or designated by a	99831
child day-care center and has been continuously employed since	99832
either by the same child day-care center employer or at the same	99833
child day-care center; or	99834

(ii) Is a student enrolled in the second year of a vocational	99835
child-care training program approved by the state board of	99836
education which leads to high school graduation, provided that the	99837
student performs the student's duties in the child day-care center	99838
under the continuous supervision of an experienced child-care	99839
staff member, receives periodic supervision from the vocational	99840
child-care training program teacher-coordinator in the student's	99841
high school, and meets all other requirements of this chapter and	99842
rules adopted pursuant to this chapter;	99843

(iii) Is receiving or has completed the final year of	99844
instruction at home as authorized under section 3321.04 of the	99845
Revised Code or has graduated from a nonchartered, nonpublic	99846
school in Ohio.	99847

(6) Every child care staff member of a child day-care center	99848
annually shall complete fifteen hours of inservice training in	99849
child development or early childhood education, child abuse	99850
recognition and prevention, first aid, and in prevention,	99851
recognition, and management of communicable diseases, until a	99852
total of forty-five hours of training has been completed, unless	99853
the staff member furnishes one of the following to the director:	99854

(a) Evidence of an associate or higher degree in child	99855
development or early childhood education from an accredited	99856
college, university, or technical college;	99857

(b) A license designated for teaching in an associate	99858
teaching position in a preschool setting issued by the state board	99859
of education;	99860

99861

(d) Evidence of a preprimary credential from the American	99862
Montessori society or the association Montessori internationale.	99863
For the purposes of division (B)(6) of this section, "hour" means	99864
sixty minutes.	99865

~~(7) The administrator of each child day-care center shall~~	99866
~~prepare at least once annually and for each group of children at~~	99867
~~the center a roster of names and telephone numbers of parents,~~	99868
~~custodians, or guardians of each group of children attending the~~	99869
~~center and upon request shall furnish the roster for each group to~~	99870
~~the parents, custodians, or guardians of the children in that~~	99871
~~group. The administrator may prepare a roster of names and~~	99872
~~telephone numbers of all parents, custodians, or guardians of~~	99873
~~children attending the center and upon request shall furnish the~~	99874
~~roster to the parents, custodians, or guardians of the children~~	99875
~~who attend the center. The administrator shall not include in any~~	99876
~~roster the name or telephone number of any parent, custodian, or~~	99877
~~guardian who requests the administrator not to include the~~	99878
~~parent's, custodian's, or guardian's name or number and shall not~~	99879
~~furnish any roster to any person other than a parent, custodian,~~	99880
~~or guardian of a child who attends the center.~~	99881

(C)(1) Each child day-care center shall have on the center	99882
premises and readily available at all times at least one	99883
child-care staff member who has completed a course in first aid	99884
~~and~~, one staff member who has completed a course in prevention,	99885
recognition, and management of communicable diseases which is	99886
approved by the state department of health, and a staff member who	99887
has completed a course in child abuse recognition and prevention	99888
training which is approved by the department of job and family	99889
services.	99890

(2) The administrator of each child day-care center shall	99891
maintain enrollment, health, and attendance records for all	99892
children attending the center and health and employment records	99893
for all center employees. The records shall be confidential,	99894
~~except as otherwise provided in division (B)(7) of this section~~	99895
~~and~~ except that they shall be disclosed by the administrator to	99896
the director upon request for the purpose of administering and	99897
enforcing this chapter and rules adopted pursuant to this chapter.	99898
Neither the center nor the licensee, administrator, or employees	99899
of the center shall be civilly or criminally liable in damages or	99900
otherwise for records disclosed to the director by the	99901
administrator pursuant to this division. It shall be a defense to	99902
any civil or criminal charge based upon records disclosed by the	99903
administrator to the director that the records were disclosed	99904
pursuant to this division.	99905

(3)(a) Any parent who is the residential parent and legal	99906
custodian of a child enrolled in a child day-care center and any	99907
custodian or guardian of such a child shall be permitted unlimited	99908
access to the center during its hours of operation for the	99909
purposes of contacting their children, evaluating the care	99910
provided by the center, evaluating the premises of the center, or	99911
for other purposes approved by the director. A parent of a child	99912
enrolled in a child day-care center who is not the child's	99913
residential parent shall be permitted unlimited access to the	99914
center during its hours of operation for those purposes under the	99915
same terms and conditions under which the residential parent of	99916
that child is permitted access to the center for those purposes.	99917
However, the access of the parent who is not the residential	99918
parent is subject to any agreement between the parents and, to the	99919
extent described in division (C)(3)(b) of this section, is subject	99920
to any terms and conditions limiting the right of access of the	99921
parent who is not the residential parent, as described in division	99922
(I) of section 3109.051 of the Revised Code, that are contained in	99923
a parenting time order or decree issued under that section,	99924
section 3109.12 of the Revised Code, or any other provision of the	99925
Revised Code.	99926

(b) If a parent who is the residential parent of a child has	99927
presented the administrator or the administrator's designee with a	99928
copy of a parenting time order that limits the terms and	99929
conditions under which the parent who is not the residential	99930
parent is to have access to the center, as described in division	99931
(I) of section 3109.051 of the Revised Code, the parent who is not	99932
the residential parent shall be provided access to the center only	99933
to the extent authorized in the order. If the residential parent	99934
has presented such an order, the parent who is not the residential	99935
parent shall be permitted access to the center only in accordance	99936
with the most recent order that has been presented to the	99937
administrator or the administrator's designee by the residential	99938
parent or the parent who is not the residential parent.	99939

(c) Upon entering the premises pursuant to division (C)(3)(a)	99940
or (b) of this section, the parent who is the residential parent	99941
and legal custodian, the parent who is not the residential parent,	99942
or the custodian or guardian shall notify the administrator or the	99943
administrator's designee of the parent's, custodian's, or	99944
guardian's presence.	99945

(D) The director of job and family services, in addition to	99946
the rules adopted under division (A) of this section, shall adopt	99947
rules establishing minimum requirements for child day-care	99948
centers. The rules shall include, but not be limited to, the	99949
requirements set forth in divisions (B) and (C) of this section.	99950
Except as provided in section 5104.07 of the Revised Code, the	99951
rules shall not change the square footage requirements of division	99952
(B)(1) or (2) of this section; the maximum number of children per	99953
child-care staff member and maximum group size requirements of	99954
division (B)(3) of this section; the educational and experience	99955
requirements of division (B)(4) of this section; the age,	99956
educational, and experience requirements of division (B)(5) of	99957
this section; the number and type of inservice training hours	99958
required under division (B)(6) of this section; ~~or the requirement~~	99959
~~for at least annual preparation of a roster for each group of~~	99960
~~children of names and telephone numbers of parents, custodians, or~~	99961
~~guardians of each group of children attending the center that must~~	99962
~~be furnished upon request to any parent, custodian, or guardian of~~	99963
~~any child in that group required under division (B)(7) of this~~	99964
~~section;~~ however, the rules shall provide procedures for	99965
determining compliance with those requirements.	99966

(E)(1) When age groups are combined, the maximum number of	99967
children per child-care staff member shall be determined by the	99968
age of the youngest child in the group, except that when no more	99969
than one child thirty months of age or older receives services in	99970
a group in which all the other children are in the next older age	99971
group, the maximum number of children per child-care staff member	99972
and maximum group size requirements of the older age group	99973
established under division (B)(3) of this section shall apply.	99974

(2) The maximum number of toddlers or preschool children per	99975
child-care staff member in a room where children are napping shall	99976
be twice the maximum number of children per child-care staff	99977
member established under division (B)(3) of this section if all	99978
the following criteria are met:	99979

(a) At least one child-care staff member is present in the	99980
room.	99981

(b) Sufficient child-care staff members are on the child	99982
day-care center premises to meet the maximum number of children	99983
per child-care staff member requirements established under	99984
division (B)(3) of this section.	99985

(c) Naptime preparations are complete and all napping	99986
children are resting or sleeping on cots.	99987

(d) The maximum number established under division (E)(2) of	99988
this section is in effect for no more than ~~one and one-half~~two	99989
hours during a twenty-four-hour day.	99990

(F) The director of job and family services shall adopt rules	99991
pursuant to Chapter 119. of the Revised Code governing the	99992
operation of type A family day-care homes, including, but not	99993
limited to, parent cooperative type A homes, part-time type A	99994
homes, drop-in type A homes, and school child type A homes, which	99995
shall reflect the various forms of child care and the needs of	99996
children receiving child care. The rules shall include the	99997
following:	99998

(1) Submission of a site plan and descriptive plan of	99999
operation to demonstrate how the type A home proposes to meet the	100000
requirements of this chapter and rules adopted pursuant to this	100001
chapter for the initial license application;	100002

(2) Standards for ensuring that the physical surroundings of	100003
the type A home are safe and sanitary, including, but not limited	100004
to, the physical environment, the physical plant, and the	100005
equipment of the type A home;	100006

(3) Standards for the supervision, care, and discipline of	100007
children receiving child care or publicly funded child care in the	100008
type A home;	100009

(4) Standards for a program of activities, and for play	100010
equipment, materials, and supplies, to enhance the development of	100011
each child; however, any educational curricula, philosophies, and	100012
methodologies that are developmentally appropriate and that	100013
enhance the social, emotional, intellectual, and physical	100014
development of each child shall be permissible;	100015

(5) Admissions policies and procedures, health care policies	100016
and procedures, including, but not limited to, procedures for the	100017
isolation of children with communicable diseases, first aid and	100018
emergency procedures, procedures for discipline and supervision of	100019
children, standards for the provision of nutritious meals and	100020
snacks, and procedures for screening children and employees,	100021
including, but not limited to, any necessary physical examinations	100022
and immunizations;	100023

(6) Methods for encouraging parental participation in the	100024
type A home and methods for ensuring that the rights of children,	100025
parents, and employees are protected and that the responsibilities	100026
of parents and employees are met;	100027

(7) Procedures for ensuring the safety and adequate	100028
supervision of children traveling off the premises of the type A	100029
home while under the care of a type A home employee;	100030

(8) Procedures for record keeping, organization, and	100031
administration;	100032

(9) Procedures for issuing, ~~renewing,~~ denying, and revoking a	100033
license that are not otherwise provided for in Chapter 119. of the	100034
Revised Code;	100035

(10) Inspection procedures;

100036

(11) Procedures and standards for setting initial ~~and renewal~~	100037
license application fees;	100038

(12) Procedures for receiving, recording, and responding to	100039
complaints about type A homes;	100040

(13) Procedures for enforcing section 5104.04 of the Revised	100041
Code;	100042

(14) A standard requiring the inclusion, on or after July 1,	100043
1987, of a current department of job and family services toll-free	100044
telephone number on each type A home provisional license or	100045
license which any person may use to report a suspected violation	100046
by the type A home of this chapter or rules adopted pursuant to	100047
this chapter;	100048

(15) Requirements for the training of administrators and	100049
child-care staff members in first aid, in prevention, recognition,	100050
and management of communicable diseases, and in child abuse	100051
recognition and prevention;	100052

(16) ~~Procedures to be used by licensees for checking the~~	100053
~~references of potential employees of type A homes and procedures~~	100054
~~to be used by the director for checking the references of~~	100055
~~applicants for licenses to operate type A homes;~~	100056

~~(17)~~ Standards providing for the special needs of children	100057
who are handicapped or who require treatment for health conditions	100058
while the child is receiving child care or publicly funded child	100059
care in the type A home;	100060

~~(18)~~(17) Standards for the maximum number of children per	100061
child-care staff member;	100062

~~(19)~~(18) Requirements for the amount of usable indoor floor	100063
space for each child;	100064

~~(20)~~(19) Requirements for safe outdoor play space;

100065

~~(21)~~(20) Qualifications and training requirements for	100066
administrators and for child-care staff members;	100067

~~(22)~~(21) Procedures for granting a parent who is the	100068
residential parent and legal custodian, or a custodian or guardian	100069
access to the type A home during its hours of operation;	100070

~~(23)~~(22) Standards for the preparation and distribution of a	100071
roster of parents, custodians, and guardians;	100072

~~(24)~~(23) Any other procedures and standards necessary to	100073
carry out this chapter.	100074

(G) The director of job and family services shall adopt rules	100075
pursuant to Chapter 119. of the Revised Code governing the	100076
certification of type B family day-care homes.	100077

(1) The rules shall include all of the following:

100078

(a) Procedures, standards, and other necessary provisions for	100079
granting limited certification to type B family day-care homes	100080
that are operated by the following adult providers:	100081

(i) Persons who provide child care for eligible children who	100082
are great-grandchildren, grandchildren, nieces, nephews, or	100083
siblings of the provider or for eligible children whose caretaker	100084
parent is a grandchild, child, niece, nephew, or sibling of the	100085
provider;	100086

(ii) Persons who provide child care for eligible children all	100087
of whom are the children of the same caretaker parent;	100088

(b) Procedures for the director to ensure, that type B homes	100089
that receive a limited certification provide child care to	100090
children in a safe and sanitary manner;	100091

(c) Requirements for the type B home to notify parents with	100092
children in the type B home that the type B home is also certified	100093
as a foster home under section 5103.03 of the Revised Code.	100094

With regard to providers who apply for limited certification,	100095
a provider shall be granted a provisional limited certification on	100096
signing a declaration under oath attesting that the provider meets	100097
the standards for limited certification. Such provisional limited	100098
certifications shall remain in effect for no more than sixty	100099
calendar days and shall entitle the provider to offer publicly	100100
funded child care during the provisional period. Except as	100101
otherwise provided in division (G)(1) of this section, section	100102
5104.013 or 5104.09 of the Revised Code, or division (A)(2) of	100103
section 5104.11 of the Revised Code, prior to the expiration of	100104
the provisional limited certificate, a county department of job	100105
and family services shall inspect the home and shall grant limited	100106
certification to the provider if the provider meets the	100107
requirements of this division. Limited certificates remain valid	100108
for two years unless earlier revoked. Except as otherwise provided	100109
in division (G)(1) of this section, providers operating under	100110
limited certification shall be inspected annually.	100111

If a provider is a person described in division (G)(1)(a)(i)	100112
of this section or a person described in division (G)(1)(a)(ii) of	100113
this section who is a friend of the caretaker parent, the provider	100114
and the caretaker parent may verify in writing to the county	100115
department of job and family services that minimum health and	100116
safety requirements are being met in the home. Except as otherwise	100117
provided in section 5104.013 or 5104.09 or in division (A)(2) of	100118
section 5104.11 of the Revised Code, if such verification is	100119
provided, the county shall waive any inspection required by this	100120
chapter and grant limited certification to the provider.	100121

(2) The rules shall provide for safeguarding the health,	100122
safety, and welfare of children receiving child care or publicly	100123
funded child care in a certified type B home and shall include the	100124
following:	100125

(a) Standards for ensuring that the type B home and the	100126
physical surroundings of the type B home are safe and sanitary,	100127
including, but not limited to, physical environment, physical	100128
plant, and equipment;	100129

(b) Standards for the supervision, care, and discipline of	100130
children receiving child care or publicly funded child care in the	100131
home;	100132

(c) Standards for a program of activities, and for play	100133
equipment, materials, and supplies to enhance the development of	100134
each child; however, any educational curricula, philosophies, and	100135
methodologies that are developmentally appropriate and that	100136
enhance the social, emotional, intellectual, and physical	100137
development of each child shall be permissible;	100138

(d) Admission policies and procedures, health care, first aid	100139
and emergency procedures, procedures for the care of sick	100140
children, procedures for discipline and supervision of children,	100141
nutritional standards, and procedures for screening children and	100142
authorized providers, including, but not limited to, any necessary	100143
physical examinations and immunizations;	100144

(e) Methods of encouraging parental participation and	100145
ensuring that the rights of children, parents, and authorized	100146
providers are protected and the responsibilities of parents and	100147
authorized providers are met;	100148

(f) Standards for the safe transport of children when under	100149
the care of authorized providers;	100150

(g) Procedures for issuing, renewing, denying, refusing to	100151
renew, or revoking certificates;	100152

(h) Procedures for the inspection of type B homes that	100153
require, at a minimum, that each type B home be inspected prior to	100154
certification to ensure that the home is safe and sanitary;	100155

(i) Procedures for record keeping and evaluation;

100156

(j) Procedures for receiving, recording, and responding to	100157
complaints;	100158

(k) Standards providing for the special needs of children who	100159
are handicapped or who receive treatment for health conditions	100160
while the child is receiving child care or publicly funded child	100161
care in the type B home;	100162

(l) Requirements for the amount of usable indoor floor space	100163
for each child;	100164

(m) Requirements for safe outdoor play space;

100165

(n) Qualification and training requirements for authorized	100166
providers;	100167

(o) Procedures for granting a parent who is the residential	100168
parent and legal custodian, or a custodian or guardian access to	100169
the type B home during its hours of operation;	100170

(p) Requirements for the type B home to notify parents with	100171
children in the type B home that the type B home is also certified	100172
as a foster home under section 5103.03 of the Revised Code;	100173

(q) Any other procedures and standards necessary to carry out	100174
this chapter.	100175

(H) The director shall adopt rules pursuant to Chapter 119.	100176
of the Revised Code governing the certification of in-home aides.	100177
The rules shall include procedures, standards, and other necessary	100178
provisions for granting limited certification to in-home aides who	100179
provide child care for eligible children who are	100180
great-grandchildren, grandchildren, nieces, nephews, or siblings	100181
of the in-home aide or for eligible children whose caretaker	100182
parent is a grandchild, child, niece, nephew, or sibling of the	100183
in-home aide. The rules shall require, and shall include	100184
procedures for the director to ensure, that in-home aides that	100185
receive a limited certification provide child care to children in	100186
a safe and sanitary manner. The rules shall provide for	100187
safeguarding the health, safety, and welfare of children receiving	100188
publicly funded child care in their own home and shall include the	100189
following:	100190

(1) Standards for ensuring that the child's home and the	100191
physical surroundings of the child's home are safe and sanitary,	100192
including, but not limited to, physical environment, physical	100193
plant, and equipment;	100194

(2) Standards for the supervision, care, and discipline of	100195
children receiving publicly funded child care in their own home;	100196

(3) Standards for a program of activities, and for play	100197
equipment, materials, and supplies to enhance the development of	100198
each child; however, any educational curricula, philosophies, and	100199
methodologies that are developmentally appropriate and that	100200
enhance the social, emotional, intellectual, and physical	100201
development of each child shall be permissible;	100202

(4) Health care, first aid, and emergency procedures,	100203
procedures for the care of sick children, procedures for	100204
discipline and supervision of children, nutritional standards, and	100205
procedures for screening children and in-home aides, including,	100206
but not limited to, any necessary physical examinations and	100207
immunizations;	100208

(5) Methods of encouraging parental participation and	100209
ensuring that the rights of children, parents, and in-home aides	100210
are protected and the responsibilities of parents and in-home	100211
aides are met;	100212

(6) Standards for the safe transport of children when under	100213
the care of in-home aides;	100214

(7) Procedures for issuing, renewing, denying, refusing to	100215
renew, or revoking certificates;	100216

(8) Procedures for inspection of homes of children receiving	100217
publicly funded child care in their own homes;	100218

(9) Procedures for record keeping and evaluation;

100219

(10) Procedures for receiving, recording, and responding to	100220
complaints;	100221

(11) Qualifications and training requirements for in-home	100222
aides;	100223

(12) Standards providing for the special needs of children	100224
who are handicapped or who receive treatment for health conditions	100225
while the child is receiving publicly funded child care in the	100226
child's own home;	100227

(13) Any other procedures and standards necessary to carry	100228
out this chapter.	100229

(I) To the extent that any rules adopted for the purposes of	100230
this section require a health care professional to perform a	100231
physical examination, the rules shall include as a health care	100232
professional a physician assistant, a clinical nurse specialist, a	100233
certified nurse practitioner, or a certified nurse-midwife.	100234

(J)(1) The director of job and family services shall do all	100235
of the following:	100236

(a) Provide or make available in either paper or electronic	100237
form to each licensee notice of proposed rules governing the	100238
licensure of child day-care centers and type A homes;	100239

(b) Give public notice of hearings regarding the rules to	100240
each licensee at least thirty days prior to the date of the public	100241
hearing, in accordance with section 119.03 of the Revised Code;	100242

(c) At least thirty days before the effective date of a rule,	100243
provide, in either paper or electronic form, a copy of the adopted	100244
rule to each licensee.	100245

(2) The director shall do all of the following:

100246

(a) Send to each county director of job and family services a	100247
notice of proposed rules governing the certification of type B	100248
family homes and in-home aides that includes an internet web site	100249
address where the proposed rules can be viewed;	100250

(b) Give public notice of hearings regarding the proposed	100251
rules not less than thirty days in advance;	100252

(c) Provide to each county director of job and family	100253
services an electronic copy of each adopted rule at least	100254
forty-five days prior to the rule's effective date.	100255

(3) The county director of job and family services shall	100256
provide or make available in either paper or electronic form to	100257
each authorized provider and in-home aide copies of proposed rules	100258
and shall give public notice of hearings regarding the rules to	100259
each authorized provider and in-home aide at least thirty days	100260
prior to the date of the public hearing, in accordance with	100261
section 119.03 of the Revised Code. At least thirty days before	100262
the effective date of a rule, the county director of job and	100263
family services shall provide, in either paper or electronic form,	100264
copies of the adopted rule to each authorized provider and in-home	100265
aide.	100266

(4) Additional copies of proposed and adopted rules shall be	100267
made available by the director of job and family services to the	100268
public on request at no charge.	100269

(5) The director of job and family services ~~shall recommend~~	100270
~~standards~~may adopt rules pursuant to Chapter 119. of the Revised	100271
Code for imposing sanctions on persons and entities that are	100272
licensed or certified under this chapter ~~and that violate any~~	100273
~~provision of this chapter~~. Sanctions may be imposed only for an	100274
action or omission that constitutes a serious risk noncompliance.	100275
The ~~standards~~sanctions imposed shall be based on the scope and	100276
severity of the violations. ~~The director shall provide copies of~~	100277
~~the recommendations to the governor, the speaker and minority~~	100278
~~leader of the house of representatives, and the president and~~	100279
~~minority leader of the senate and, on request, shall make copies~~	100280
~~available to the public~~	100281

The director shall make a dispute resolution process	100282
available for the implementation of sanctions. The process may	100283
include an opportunity for appeal pursuant to Chapter 119. of the	100284
Revised Code.	100285

(6) The director of job and family services shall adopt rules	100286
pursuant to Chapter 119. of the Revised Code that establish	100287
standards for the training of individuals whom any county	100288
department of job and family services employs, with whom any	100289
county department of job and family services contracts, or with	100290
whom the director of job and family services contracts, to inspect	100291
or investigate type B family day-care homes pursuant to section	100292
5104.11 of the Revised Code. The department shall provide training	100293
in accordance with those standards for individuals in the	100294
categories described in this division.	100295

(K) The director of job and family services shall review all	100296
rules adopted pursuant to this chapter at least once every seven	100297
years.	100298

(L) Notwithstanding any provision of the Revised Code, the	100299
director of job and family services shall not regulate in any way	100300
under this chapter or rules adopted pursuant to this chapter,	100301
instruction in religious or moral doctrines, beliefs, or values.	100302

Sec. 5104.012. (A)(1) At the times specified in this	100303
division, the administrator of a child day-care center or a type A	100304
family day-care home shall request the superintendent of the	100305
bureau of criminal identification and investigation to conduct a	100306
criminal records check with respect to any applicant who has	100307
applied to the center or type A home for employment as a person	100308
responsible for the care, custody, or control of a child.	100309

The administrator shall request a criminal records check	100310
pursuant to this division at the time of the applicant's initial	100311
application for employment and every four years thereafter ~~at the~~	100312
~~time of a license renewal~~. When the administrator requests	100313
pursuant to this division a criminal records check for an	100314
applicant at the time of the applicant's initial application for	100315
employment, the administrator shall request that the	100316
superintendent obtain information from the federal bureau of	100317
investigation as a part of the criminal records check for the	100318
applicant, including fingerprint-based checks of national crime	100319
information databases as described in 42 U.S.C. 671, for the	100320
person subject to the criminal records check. In all other cases	100321
in which the administrator requests a criminal records check for	100322
an applicant pursuant to this division, the administrator may	100323
request that the superintendent include information from the	100324
federal bureau of investigation in the criminal records check,	100325
including fingerprint-based checks of national crime information	100326
databases as described in 42 U.S.C. 671.	100327

(2) A person required by division (A)(1) of this section to	100328
request a criminal records check shall provide to each applicant a	100329
copy of the form prescribed pursuant to division (C)(1) of section	100330
109.572 of the Revised Code, provide to each applicant a standard	100331
impression sheet to obtain fingerprint impressions prescribed	100332
pursuant to division (C)(2) of section 109.572 of the Revised	100333
Code, obtain the completed form and impression sheet from each	100334
applicant, and forward the completed form and impression sheet to	100335
the superintendent of the bureau of criminal identification and	100336
investigation at the time the person requests a criminal records	100337
check pursuant to division (A)(1) of this section. On and after	100338
~~the effective date of this amendment~~August 14, 2008, the	100339
administrator of a child day-care center or a type A family	100340
day-care home shall review the results of the criminal records	100341
check before the applicant has sole responsibility for the care,	100342
custody, or control of any child.	100343

(3) An applicant who receives pursuant to division (A)(2) of	100344
this section a copy of the form prescribed pursuant to division	100345
(C)(1) of section 109.572 of the Revised Code and a copy of an	100346
impression sheet prescribed pursuant to division (C)(2) of that	100347
section and who is requested to complete the form and provide a	100348
set of fingerprint impressions shall complete the form or provide	100349
all the information necessary to complete the form and shall	100350
provide the impression sheet with the impressions of the	100351
applicant's fingerprints. If an applicant, upon request, fails to	100352
provide the information necessary to complete the form or fails to	100353
provide impressions of the applicant's fingerprints, the center or	100354
type A home shall not employ that applicant for any position for	100355
which a criminal records check is required by division (A)(1) of	100356
this section.	100357

(B)(1) Except as provided in rules adopted under division (E)	100358
of this section, no child day-care center or type A family	100359
day-care home shall employ or contract with another entity for the	100360
services of a person as a person responsible for the care,	100361
custody, or control of a child if the person previously has been	100362
convicted of or pleaded guilty to any of the violations described	100363
in division (A)(9) of section 109.572 of the Revised Code.	100364

(2) A child day-care center or type A family day-care home	100365
may employ an applicant conditionally until the criminal records	100366
check required by this section is completed and the center or home	100367
receives the results of the criminal records check. If the results	100368
of the criminal records check indicate that, pursuant to division	100369
(B)(1) of this section, the applicant does not qualify for	100370
employment, the center or home shall release the applicant from	100371
employment.	100372

(C)(1) Each child day-care center and type A family day-care	100373
home shall pay to the bureau of criminal identification and	100374
investigation the fee prescribed pursuant to division (C)(3) of	100375
section 109.572 of the Revised Code for each criminal records	100376
check conducted in accordance with that section upon the request	100377
pursuant to division (A)(1) of this section of the administrator	100378
or provider of the center or home.	100379

(2) A child day-care center and type A family day-care home	100380
may charge an applicant a fee for the costs it incurs in obtaining	100381
a criminal records check under this section. A fee charged under	100382
this division shall not exceed the amount of fees the center or	100383
home pays under division (C)(1) of this section. If a fee is	100384
charged under this division, the center or home shall notify the	100385
applicant at the time of the applicant's initial application for	100386
employment of the amount of the fee and that, unless the fee is	100387
paid, the center or type A home will not consider the applicant	100388
for employment.	100389

(D) The report of any criminal records check conducted by the	100390
bureau of criminal identification and investigation in accordance	100391
with section 109.572 of the Revised Code and pursuant to a request	100392
under division (A)(1) of this section is not a public record for	100393
the purposes of section 149.43 of the Revised Code and shall not	100394
be made available to any person other than the applicant who is	100395
the subject of the criminal records check or the applicant's	100396
representative; the center or type A home requesting the criminal	100397
records check or its representative; the department of job and	100398
family services or a county department of job and family services;	100399
and any court, hearing officer, or other necessary individual	100400
involved in a case dealing with the denial of employment to the	100401
applicant.	100402

(E) The director of job and family services shall adopt rules	100403
pursuant to Chapter 119. of the Revised Code to implement this	100404
section, including rules specifying circumstances under which a	100405
center or home may hire a person who has been convicted of an	100406
offense listed in division (B)(1) of this section but who meets	100407
standards in regard to rehabilitation set by the department.	100408

(F) Any person required by division (A)(1) of this section to	100409
request a criminal records check shall inform each person, at the	100410
time of the person's initial application for employment, that the	100411
person is required to provide a set of impressions of the person's	100412
fingerprints and that a criminal records check is required to be	100413
conducted and satisfactorily completed in accordance with section	100414
109.572 of the Revised Code if the person comes under final	100415
consideration for appointment or employment as a precondition to	100416
employment for that position.	100417

(G) As used in this section:

100418

(1) "Applicant" means a person who is under final	100419
consideration for appointment to or employment in a position with	100420
a child day-care center or a type A family day-care home as a	100421
person responsible for the care, custody, or control of a child;	100422
an in-home aide certified pursuant to section 5104.12 of the	100423
Revised Code; or any person who would serve in any position with a	100424
child day-care center or a type A family day-care home as a person	100425
responsible for the care, custody, or control of a child pursuant	100426
to a contract with another entity.	100427

(2) "Criminal records check" has the same meaning as in	100428
section 109.572 of the Revised Code.	100429

Sec. 5104.013. (A)(1) At the times specified in division	100430
(A)(3) of this section, the director of job and family services,	100431
as part of the process of licensure of child day-care centers and	100432
type A family day-care homes, shall request the superintendent of	100433
the bureau of criminal identification and investigation to conduct	100434
a criminal records check with respect to the following persons:	100435

(a) Any owner, licensee, or administrator of a child day-care	100436
center;	100437

(b) Any owner, licensee, or administrator of a type A family	100438
day-care home and any person eighteen years of age or older who	100439
resides in a type A family day-care home.	100440

(2) At the times specified in division (A)(3) of this	100441
section, the director of a county department of job and family	100442
services, as part of the process of certification of type B family	100443
day-care homes, shall request the superintendent of the bureau of	100444
criminal identification and investigation to conduct a criminal	100445
records check with respect to any authorized provider of a	100446
certified type B family day-care home and any person eighteen	100447
years of age or older who resides in a certified type B family	100448
day-care home.	100449

(3) The director of job and family services shall request a	100450
criminal records check pursuant to division (A)(1) of this section	100451
at the time of the initial application for licensure and every	100452
four years thereafter ~~at the time of a license renewal~~. The	100453
director of a county department of job and family services shall	100454
request a criminal records check pursuant to division (A)(2) of	100455
this section at the time of the initial application for	100456
certification and every four years thereafter at the time of a	100457
certification renewal. When the director of job and family	100458
services or the director of a county department of job and family	100459
services requests pursuant to division (A)(1) or (2) of this	100460
section a criminal records check for a person at the time of the	100461
person's initial application for licensure or certification, the	100462
director shall request that the superintendent of the bureau of	100463
criminal identification and investigation obtain information from	100464
the federal bureau of investigation as a part of the criminal	100465
records check for the person, including fingerprint-based checks	100466
of national crime information databases as described in 42 U.S.C.	100467
671 for the person subject to the criminal records check. In all	100468
other cases in which the director of job and family services or	100469
the director of a county department of job and family services	100470
requests a criminal records check for an applicant pursuant to	100471
division (A)(1) or (2) of this section, the director may request	100472
that the superintendent include information from the federal	100473
bureau of investigation in the criminal records check, including	100474
fingerprint-based checks of national crime information databases	100475
as described in 42 U.S.C. 671.	100476

(4) The director of job and family services shall review the	100477
results of a criminal records check subsequent to a request made	100478
pursuant to divisions (A)(1) and (3) of this section prior to	100479
approval of a license. The director of a county department of job	100480
and family services shall review the results of a criminal records	100481
check subsequent to a request made pursuant to divisions (A)(2)	100482
and (3) of this section prior to approval of certification.	100483

(B) The director of job and family services or the director	100484
of a county department of job and family services shall provide to	100485
each person for whom a criminal records check is required under	100486
this section a copy of the form prescribed pursuant to division	100487
(C)(1) of section 109.572 of the Revised Code and a standard	100488
impression sheet to obtain fingerprint impressions prescribed	100489
pursuant to division (C)(2) of that section, obtain the completed	100490
form and impression sheet from that person, and forward the	100491
completed form and impression sheet to the superintendent of the	100492
bureau of criminal identification and investigation.	100493

(C) A person who receives pursuant to division (B) of this	100494
section a copy of the form and standard impression sheet described	100495
in that division and who is requested to complete the form and	100496
provide a set of fingerprint impressions shall complete the form	100497
or provide all the information necessary to complete the form and	100498
shall provide the impression sheet with the impressions of the	100499
person's fingerprints. If the person, upon request, fails to	100500
provide the information necessary to complete the form or fails to	100501
provide impressions of the person's fingerprints, the director may	100502
consider the failure as a reason to deny licensure or	100503
certification.	100504

(D) Except as provided in rules adopted under division (G) of	100505
this section, the director of job and family services shall not	100506
grant a license to a child day-care center or type A family	100507
day-care home and a county director of job and family services	100508
shall not certify a type B family day-care home if a person for	100509
whom a criminal records check was required in connection with the	100510
center or home previously has been convicted of or pleaded guilty	100511
to any of the violations described in division (A)(9) of section	100512
109.572 of the Revised Code.	100513

(E) Each child day-care center, type A family day-care home,	100514
and type B family day-care home shall pay to the bureau of	100515
criminal identification and investigation the fee prescribed	100516
pursuant to division (C)(3) of section 109.572 of the Revised Code	100517
for each criminal records check conducted in accordance with that	100518
section upon a request made pursuant to division (A) of this	100519
section.	100520

(F) The report of any criminal records check conducted by the	100521
bureau of criminal identification and investigation in accordance	100522
with section 109.572 of the Revised Code and pursuant to a request	100523
made under division (A) of this section is not a public record for	100524
the purposes of section 149.43 of the Revised Code and shall not	100525
be made available to any person other than the person who is the	100526
subject of the criminal records check or the person's	100527
representative, the director of job and family services, the	100528
director of a county department of job and family services, the	100529
center, type A home, or type B home involved, and any court,	100530
hearing officer, or other necessary individual involved in a case	100531
dealing with a denial of licensure or certification related to the	100532
criminal records check.	100533

(G) The director of job and family services shall adopt rules	100534
pursuant to Chapter 119. of the Revised Code to implement this	100535
section, including rules specifying exceptions to the prohibition	100536
in division (D) of this section for persons who have been	100537
convicted of an offense listed in that division but who meet	100538
standards in regard to rehabilitation set by the department.	100539

(H) As used in this section, "criminal records check" has the	100540
same meaning as in section 109.572 of the Revised Code.	100541

Sec. 5104.03. (A) Any person, firm, organization,	100542
institution, or agency desiring to establish a child day-care	100543
center or type A family day-care home shall apply for a license to	100544
the director of job and family services on such form as the	100545
director prescribes. The director shall provide at no charge to	100546
each applicant for licensure a copy of the child care license	100547
requirements in ~~Chapter 5104. of the Revised Code~~this chapter and	100548
a copy of the rules adopted pursuant to ~~Chapter 5104. of the~~	100549
~~Revised Code~~this chapter. The ~~director shall mail application~~	100550
~~forms for renewal of license at least one hundred twenty days~~	100551
~~prior to the date of expiration of the license, and the~~	100552
~~application for renewal shall be filed with the director at least~~	100553
~~sixty days before the date of expiration. Fees~~copies may be	100554
provided in paper or electronic form.	100555

Fees shall be set by the director pursuant to section	100556
5104.011 of the Revised Code and shall be paid at the time of	100557
application for ~~or renewal of~~ a license to operate a center or	100558
type A home. Fees collected under this section shall be paid into	100559
the state treasury to the credit of the general revenue fund.	100560

(B) Upon filing of the application for a license, the	100561
director shall investigate and inspect the center or type A home	100562
to determine the license capacity for each age category of	100563
children of the center or type A home and to determine whether the	100564
center or type A home complies with ~~Chapter 5104. of the Revised~~	100565
~~Code~~this chapter and rules adopted pursuant to ~~Chapter 5104. of~~	100566
~~the Revised Code~~this chapter. When, after investigation and	100567
inspection, the director is satisfied that ~~Chapter 5104. of the~~	100568
~~Revised Code~~this chapter and rules adopted pursuant to ~~Chapter~~	100569
~~5104. of the Revised Code~~it are complied with, subject to	100570
division (G) of this section, a provisional license shall be	100571
issued as soon as practicable in such form and manner as	100572
prescribed by the director. The provisional license shall be valid	100573
for ~~six~~twelve months from the date of issuance unless revoked.	100574

(C) The director shall investigate and inspect the center or	100575
type A home at least once during operation under the provisional	100576
license. If after the investigation and inspection the director	100577
determines that the requirements of ~~Chapter 5104. of the Revised~~	100578
~~Code~~this chapter and rules adopted pursuant to ~~Chapter 5104. of~~	100579
~~the Revised Code~~this chapter are met, subject to division (G) of	100580
this section, the director shall issue a license to ~~be effective~~	100581
~~for two years from the date of issuance of the provisional license~~	100582
the center or home.	100583

(D) ~~Upon the filing of an application for renewal of a~~	100584
~~license by the center or type A home, the director shall~~	100585
~~investigate and inspect the center or type A home. If the director~~	100586
~~determines that the requirements of Chapter 5104. and rules~~	100587
~~adopted pursuant to Chapter 5104. of the Revised Code are met,~~	100588
~~subject to division (G) of this section, the director shall renew~~	100589
~~the license to be effective for two years from the expiration date~~	100590
~~of the previous license.~~	100591

~~(E)~~ The license or provisional license shall state the name	100592
of the licensee, the name of the administrator, the address of the	100593
center or type A home, and the license capacity for each age	100594
category of children. ~~After July 1, 1987, the~~The license or	100595
provisional license ~~or license~~ shall include thereon, in	100596
accordance with section 5104.011 of the Revised Code, the	100597
toll-free telephone number to be used by persons suspecting that	100598
the center or type A home has violated a provision of ~~Chapter~~	100599
~~5104.,~~this chapter or rules adopted pursuant to ~~Chapter 5104. of~~	100600
~~the Revised Code~~this chapter. A license or provisional license is	100601
valid only for the licensee, administrator, address, and license	100602
capacity for each age category of children designated on the	100603
license. The license capacity specified on the license or	100604
provisional license is the maximum number of children in each age	100605
category that may be cared for in the center or type A home at one	100606
time.	100607

The center or type A home licensee shall notify the director	100608
when the administrator of the center or home changes. The director	100609
shall amend the current license or provisional license to reflect	100610
a change in an administrator, if the administrator meets the	100611
requirements of Chapter 5104. of the Revised Code and rules	100612
adopted pursuant to Chapter 5104. of the Revised Code, or a change	100613
in license capacity for any age category of children as determined	100614
by the director of job and family services.	100615

~~(F)~~(E) If the director revokes athe license ~~or refuses to~~	100616
~~renew a license to~~of a center or a type A home, the director	100617
shall not issue aanother license to the owner of the center or	100618
type A home ~~within two~~until five years have elapsed from the date	100619
of the ~~revocation of a~~ license ~~or refusal to renew a license~~is	100620
revoked. If	100621

If the director denies an application for a license, the	100622
director shall not accept another application from the applicant	100623
until five years have elapsed from the date the application is	100624
denied.	100625

(F) If during the application for licensure ~~or renewal of~~	100626
~~licensure~~ process the director determines that the license of the	100627
owner has been revoked ~~or renewal of licensure has been denied~~,	100628
the investigation of the center or type A home shall cease~~, and~~	100629
~~shall~~. This action does not constitute denial of the application	100630
and may not be appealed under division (G) of this section. ~~All~~	100631

(G) All actions of the director with respect to licensing	100632
centers or type A homes, ~~renewing a license,~~ refusal to license or	100633
~~renew a license~~, and revocation of a license shall be in	100634
accordance with Chapter 119. of the Revised Code. Any applicant	100635
who is denied a license or any owner whose license ~~is not renewed~~	100636
or is revoked may appeal in accordance with section 119.12 of the	100637
Revised Code.	100638

~~(G)~~(H) In no case shall the director issue a license or	100639
provisional license ~~or license, or renew a license,~~ under this	100640
section for a type A home or center if the director, based on	100641
documentation provided by the appropriate county department of job	100642
and family services, determines that the applicant previously had	100643
been certified as a type B family day-care home, that the county	100644
department revoked that certification, that the revocation was	100645
based on the applicant's refusal or inability to comply with the	100646
criteria for certification, and that the refusal or inability	100647
resulted in a risk to the health or safety of children.	100648

Sec. 5104.04. (A) The department of job and family services	100649
shall establish procedures to be followed in investigating,	100650
inspecting, and licensing child day-care centers and type A family	100651
day-care homes.	100652

(B)(1)(a) The department shall, at least once during every	100653
twelve-month period of operation of a center or type A home,	100654
inspect the center or type A home. The department shall inspect a	100655
part-time center or part-time type A home at least once during	100656
every twelve-month period of operation. The department shall	100657
provide a written inspection report to the licensee within a	100658
reasonable time after each inspection. The licensee shall display	100659
all written reports of inspections conducted during the current	100660
licensing period in a conspicuous place in the center or type A	100661
home.	100662

Inspections may be unannounced. No person, firm,	100663
organization, institution, or agency shall interfere with the	100664
inspection of a center or type A home by any state or local	100665
official engaged in performing duties required of the state or	100666
local official by ~~Chapter 5104. of the Revised Code~~this chapter	100667
or rules adopted pursuant to ~~Chapter 5104. of the Revised Code~~	100668
this chapter, including inspecting the center or type A home,	100669
reviewing records, or interviewing licensees, employees, children,	100670
or parents.	100671

(b) Upon receipt of any complaint that a center or type A	100672
home is out of compliance with the requirements of ~~Chapter 5104.~~	100673
~~of the Revised Code~~this chapter or rules adopted pursuant to	100674
~~Chapter 5104. of the Revised Code~~this chapter, the department	100675
shall investigate the center or home, and both of the following	100676
apply:	100677

(i) If the complaint alleges that a child suffered physical	100678
harm while receiving child care at the center or home or that the	100679
noncompliance alleged in the complaint involved, resulted in, or	100680
poses a substantial risk of physical harm to a child receiving	100681
child care at the center or home, the department shall inspect the	100682
center or home.	100683

(ii) If division (B)(1)(b)(i) of this section does not apply	100684
regarding the complaint, the department may inspect the center or	100685
home.	100686

(c) Division (B)(1)(b) of this section does not limit,	100687
restrict, or negate any duty of the department to inspect a center	100688
or type A home that otherwise is imposed under this section, or	100689
any authority of the department to inspect a center or type A home	100690
that otherwise is granted under this section when the department	100691
believes the inspection is necessary and it is permitted under the	100692
grant.	100693

(2) If the department implements an instrument-based program	100694
monitoring information system, it may use an indicator checklist	100695
to comply with division (B)(1) of this section.	100696

(3) The department shall contract with a third party by the	100697
first day of October in each even-numbered year to collect	100698
information concerning the amounts charged by the center or home	100699
for providing child care services for use in establishing	100700
reimbursement ceilings and payment pursuant to section 5104.30 of	100701
the Revised Code. The third party shall compile the information	100702
and report the results of the survey to the department not later	100703
than the first day of December in each even-numbered year.	100704

(C) ~~In the event a licensed center or type A home is~~	100705
~~determined to be out of compliance with the requirements of~~	100706
~~Chapter 5104. of the Revised Code or rules adopted pursuant to~~	100707
~~Chapter 5104. of the Revised Code, the department shall notify the~~	100708
~~licensee of the center or type A home in writing regarding the~~	100709
~~nature of the violation, what must be done to correct the~~	100710
~~violation, and by what date the correction must be made. If the~~	100711
~~correction is not made by the date established by the department,~~	100712
~~the department may commence action under Chapter 119. of the~~	100713
~~Revised Code to revoke the license. The department's commencement~~	100714
~~of an action to revoke the license is sufficient notice that the~~	100715
~~correction has not been made, and no other notice regarding the~~	100716
~~correction is required.~~	100717

~~(D)~~ The department may deny an application or revoke a	100718
license~~, or refuse to renew a license~~ of a center or type A home,	100719
if the applicant knowingly makes a false statement on the	100720
application, the center or home does not comply with the	100721
requirements of ~~Chapter 5104.~~this chapter or rules adopted	100722
pursuant to ~~Chapter 5104. of the Revised Code~~this chapter, or the	100723
applicant or owner has pleaded guilty to or been convicted of an	100724
offense described in section 5104.09 of the Revised Code.	100725

~~(E)~~(D) If the department finds, after notice and hearing	100726
pursuant to Chapter 119. of the Revised Code, that any applicant,	100727
person, firm, organization, institution, or agency applying for	100728
licensure or licensed under section 5104.03 of the Revised Code is	100729
in violation of any provision of ~~Chapter 5104. of the Revised Code~~	100730
this chapter or rules adopted pursuant to ~~Chapter 5104. of the~~	100731
~~Revised Code~~this chapter, the department may issue an order of	100732
denial to the applicant or an order of revocation to the center or	100733
type A home revoking the license previously issued by the	100734
department. Upon the issuance of ~~any~~such an order ~~of revocation~~,	100735
the person whose application is denied or whose license is revoked	100736
may appeal in accordance with section 119.12 of the Revised Code.	100737

~~(F)~~(E) The surrender of a center or type A home license to	100738
the department or the withdrawal of an application for licensure	100739
by the owner or administrator of the center or type A home shall	100740
not prohibit the department from instituting any of the actions	100741
set forth in this section.	100742

~~(G)~~(F) Whenever the department receives a complaint, is	100743
advised, or otherwise has any reason to believe that a center or	100744
type A home is providing child care without a license issued or	100745
~~renewed~~ pursuant to section 5104.03 and is not exempt from	100746
licensing pursuant to section 5104.02 of the Revised Code, the	100747
department shall investigate the center or type A home and may	100748
inspect the areas children have access to or areas necessary for	100749
the care of children in the center or type A home during suspected	100750
hours of operation to determine whether the center or type A home	100751
is subject to the requirements of ~~Chapter 5104.~~this chapter or	100752
rules adopted pursuant to ~~Chapter 5104. of the Revised Code~~this	100753
chapter.	100754

~~(H)~~(G) The department, upon determining that the center or	100755
type A home is operating without a license, shall notify the	100756
attorney general, the prosecuting attorney of the county in which	100757
the center or type A home is located, or the city attorney,	100758
village solicitor, or other chief legal officer of the municipal	100759
corporation in which the center or type A home is located, that	100760
the center or type A home is operating without a license. Upon	100761
receipt of the notification, the attorney general, prosecuting	100762
attorney, city attorney, village solicitor, or other chief legal	100763
officer of a municipal corporation shall file a complaint in the	100764
court of common pleas of the county in which the center or type A	100765
home is located requesting that the court grant an order enjoining	100766
the owner from operating the center or type A home in violation of	100767
section 5104.02 of the Revised Code. The court shall grant such	100768
injunctive relief upon a showing that the respondent named in the	100769
complaint is operating a center or type A home and is doing so	100770
without a license.	100771

~~(I)~~(H) The department shall prepare an annual report on	100772
inspections conducted under this section. The report shall include	100773
the number of inspections conducted, the number and types of	100774
violations found, and the steps taken to address the violations.	100775
The department shall file the report with the governor, the	100776
president and minority leader of the senate, and the speaker and	100777
minority leader of the house of representatives on or before the	100778
first day of January of each year, beginning in 1999.	100779

Sec. 5104.05. (A) The director of job and family services	100780
shall issue a license or provisional license ~~or license or renew a~~	100781
~~license~~ for the operation of a child day-care center, if the	100782
director finds, after investigation of the applicant and	100783
inspection of the center, that other requirements of ~~Chapter 5104.~~	100784
~~of the Revised Code~~this chapter, rules promulgated pursuant to	100785
~~Chapter 5104. of the Revised Code~~this chapter, and the following	100786
requirements are met:	100787

(1) The buildings in which the center is housed, subsequent	100788
to any major modification, have been approved by the department of	100789
commerce or a certified municipal, township, or county building	100790
department for the purpose of operating a child day-care center.	100791
Any structure used for the operation of a center shall be	100792
constructed, equipped, repaired, altered, and maintained in	100793
accordance with applicable provisions of Chapters 3781. and 3791.	100794
of the Revised Code and with regulations adopted by the board of	100795
building standards under Chapter 3781. of the Revised Code and	100796
this division for the safety and sanitation of structures erected	100797
for this purpose.	100798

(2) The state fire marshal or the fire chief or fire	100799
prevention officer of the municipal corporation or township in	100800
which the center is located has inspected the center annually	100801
within the preceding license period and has found the center to be	100802
in compliance with rules promulgated by the fire marshal pursuant	100803
to section 3737.83 of the Revised Code regarding fire prevention	100804
and fire safety in a child day-care center.	100805

(3) The center has received a food service operation license	100806
under Chapter 3717. of the Revised Code if meals are to be served	100807
to children other than children of the licensee or administrator,	100808
whether or not a consideration is received for the meals.	100809

(B) The director of job and family services shall issue a	100810
license or provisional license ~~or license or renew a license~~ for	100811
the operation of a type A family day-care home, if the director	100812
finds, after investigation of the applicant and inspection of the	100813
type A home, that other requirements of ~~Chapter 5104. of the~~	100814
~~Revised Code~~this chapter, rules promulgated pursuant to ~~Chapter~~	100815
~~5104. of the Revised Code~~this chapter, and the following	100816
requirements are met:	100817

(1) The state fire marshal or the fire chief or fire	100818
prevention officer of the municipal corporation or township in	100819
which the type A family day-care home is located has inspected the	100820
type A home annually within the preceding license period and has	100821
found the type A home to be in compliance with rules promulgated	100822
by the fire marshal pursuant to section 3737.83 of the Revised	100823
Code regarding fire prevention and fire safety in a type A home.	100824

(2) The type A home is in compliance with rules set by the	100825
director of job and family services in cooperation with the	100826
director of health pursuant to section 3701.80 of the Revised Code	100827
regarding meal preparation and meal service in the home. The	100828
director of job and family services, in accordance with procedures	100829
recommended by the director of health, shall inspect each type A	100830
home to determine compliance with those rules.	100831

(3) The type A home is in compliance with rules promulgated	100832
by the director of job and family services in cooperation with the	100833
board of building standards regarding safety and sanitation	100834
pursuant to section 3781.10 of the Revised Code.	100835

Sec. 5104.13. ~~No later than July 1, 1998, and at reasonable~~	100836
~~intervals thereafter, the~~The department of job and family	100837
services shall ~~publish~~prepare a guide describing the state	100838
statutes and rules governing the certification of type B family	100839
day-care homes. The department ~~shall distribute~~may publish the	100840
guide ~~to county departments of job and family services in~~	100841
~~sufficient number that a copy is available to each~~electronically	100842
or otherwise and shall do so in a manner that the guide is	100843
accessible to the public, including type B home ~~provider~~	100844
providers.	100845

Sec. 5104.30. (A) The department of job and family services	100846
is hereby designated as the state agency responsible for	100847
administration and coordination of federal and state funding for	100848
publicly funded child care in this state. Publicly funded child	100849
care shall be provided to the following:	100850

(1) Recipients of transitional child care as provided under	100851
section 5104.34 of the Revised Code;	100852

(2) Participants in the Ohio works first program established	100853
under Chapter 5107. of the Revised Code;	100854

(3) Individuals who would be participating in the Ohio works	100855
first program if not for a sanction under section 5107.16 of the	100856
Revised Code and who continue to participate in a work activity,	100857
developmental activity, or alternative work activity pursuant to	100858
an assignment under section 5107.42 of the Revised Code;	100859

(4) A family receiving publicly funded child care on October	100860
1, 1997, until the family's income reaches one hundred fifty per	100861
cent of the federal poverty line;	100862

(5) Subject to available funds, other individuals determined	100863
eligible in accordance with rules adopted under section 5104.38 of	100864
the Revised Code.	100865

The department shall apply to the United States department of	100866
health and human services for authority to operate a coordinated	100867
program for publicly funded child care, if the director of job and	100868
family services determines that the application is necessary. For	100869
purposes of this section, the department of job and family	100870
services may enter into agreements with other state agencies that	100871
are involved in regulation or funding of child care. The	100872
department shall consider the special needs of migrant workers	100873
when it administers and coordinates publicly funded child care and	100874
shall develop appropriate procedures for accommodating the needs	100875
of migrant workers for publicly funded child care.	100876

(B) The department of job and family services shall	100877
distribute state and federal funds for publicly funded child care,	100878
including appropriations of state funds for publicly funded child	100879
care and appropriations of federal funds available under the child	100880
care block grant act, Title IV-A, and Title XX. The department may	100881
use any state funds appropriated for publicly funded child care as	100882
the state share required to match any federal funds appropriated	100883
for publicly funded child care.	100884

(C) In the use of federal funds available under the child	100885
care block grant act, all of the following apply:	100886

(1) The department may use the federal funds to hire staff to	100887
prepare any rules required under this chapter and to administer	100888
and coordinate federal and state funding for publicly funded child	100889
care.	100890

(2) Not more than five per cent of the aggregate amount of	100891
the federal funds received for a fiscal year may be expended for	100892
administrative costs.	100893

(3) The department shall allocate and use at least four per	100894
cent of the federal funds for the following:	100895

(a) Activities designed to provide comprehensive consumer	100896
education to parents and the public;	100897

(b) Activities that increase parental choice;

100898

(c) Activities, including child care resource and referral	100899
services, designed to improve the quality, and increase the	100900
supply, of child care;	100901

(d) Establishing a voluntary child day-care center	100902
quality-rating program in which participation in the program may	100903
allow a child day-care center to be eligible for grants, technical	100904
assistance, training, or other assistance and become eligible for	100905
unrestricted monetary awards for maintaining a quality rating.	100906

(4) The department shall ensure that the federal funds will	100907
be used only to supplement, and will not be used to supplant,	100908
federal, state, and local funds available on the effective date of	100909
the child care block grant act for publicly funded child care and	100910
related programs. If authorized by rules adopted by the department	100911
pursuant to section 5104.42 of the Revised Code, county	100912
departments of job and family services may purchase child care	100913
from funds obtained through any other means.	100914

(D) The department shall encourage the development of	100915
suitable child care throughout the state, especially in areas with	100916
high concentrations of recipients of public assistance and	100917
families with low incomes. The department shall encourage the	100918
development of suitable child care designed to accommodate the	100919
special needs of migrant workers. On request, the department,	100920
through its employees or contracts with state or community child	100921
care resource and referral service organizations, shall provide	100922
consultation to groups and individuals interested in developing	100923
child care. The department of job and family services may enter	100924
into interagency agreements with the department of education, the	100925
board of regents, the department of development, and other state	100926
agencies and entities whenever the cooperative efforts of the	100927
other state agencies and entities are necessary for the department	100928
of job and family services to fulfill its duties and	100929
responsibilities under this chapter.	100930

The department shall develop and maintain a registry of	100931
persons providing child care. The director shall adopt rules	100932
pursuant to Chapter 119. of the Revised Code establishing	100933
procedures and requirements for the registry's administration.	100934

(E)(1) The director shall adopt rules in accordance with	100935
Chapter 119. of the Revised Code establishing both of the	100936
following:	100937

(a) Reimbursement ceilings for providers of publicly funded	100938
child care not later than the first day of July in each	100939
odd-numbered year;	100940

(b) A procedure for reimbursing and paying providers of	100941
publicly funded child care.	100942

(2) In establishing reimbursement ceilings under division	100943
(E)(1)(a) of this section, the director shall do all of the	100944
following:	100945

(a) Use the information obtained under division (B)(3) of	100946
section 5104.04 of the Revised Code;	100947

(b) Establish an enhanced reimbursement ceiling for providers	100948
who provide child care for caretaker parents who work	100949
nontraditional hours;	100950

(c) For a type B family day-care home provider that has	100951
received limited certification pursuant to rules adopted under	100952
division (G)(1) of section 5104.011 of the Revised Code, establish	100953
a reimbursement ceiling that is the following:	100954

(i) If the provider is a person described in division	100955
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five	100956
per cent of the reimbursement ceiling that applies to a type B	100957
family day-care home certified by the same county department of	100958
job and family services pursuant to section 5104.11 of the Revised	100959
Code;	100960

(ii) If the provider is a person described in division	100961
(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per	100962
cent of the reimbursement ceiling that applies to a type B family	100963
day-care home certified by the same county department pursuant to	100964
section 5104.11 of the Revised Code.	100965

(d) With regard to the voluntary child day-care center	100966
quality-rating program established pursuant to division (C)(3)(d)	100967
of this section, do both of the following:	100968

(i) Establish enhanced reimbursement ceilings for child	100969
day-care centers that participate in the program and maintain	100970
quality ratings under the program;	100971

(ii) Weigh any reduction in reimbursement ceilings more	100972
heavily against child day-care centers that do not participate in	100973
the program or do not maintain quality ratings under the program.	100974

(3) In establishing reimbursement ceilings under division	100975
(E)(1)(a) of this section, the director may establish different	100976
reimbursement ceilings based on any of the following:	100977

(a) Geographic location of the provider;

100978

(b) Type of care provided;

100979

100980

(d) Special needs of the child served;

100981

(e) Whether the expanded hours of service are provided;

100982

(f) Whether weekend service is provided;

100983

(g) Whether the provider has exceeded the minimum	100984
requirements of state statutes and rules governing child care;	100985

(h) Any other factors the director considers appropriate.

100986

(F) The director shall adopt rules in accordance with Chapter	100987
119. of the Revised Code to implement the voluntary child day-care	100988
center quality-rating program described in division (C)(3)(d) of	100989
this section.	100990

Sec. 5104.32. (A) Except as provided in division (C) of this	100991
section, all purchases of publicly funded child care shall be made	100992
under a contract entered into by a licensed child day-care center,	100993
licensed type A family day-care home, certified type B family	100994
day-care home, certified in-home aide, approved child day camp,	100995
licensed preschool program, licensed school child program, or	100996
border state child care provider and the ~~county~~ department of job	100997
and family services. ~~A county department of job and family~~	100998
~~services may enter into a contract with a provider for publicly~~	100999
~~funded child care for a specified period of time or upon a~~	101000
~~continuous basis for an unspecified period of time.~~ All contracts	101001
for publicly funded child care shall be contingent upon the	101002
availability of state and federal funds. The department ~~of job and~~	101003
~~family services~~ shall prescribe a standard form to be used for all	101004
contracts for the purchase of publicly funded child care,	101005
regardless of the source of public funds used to purchase the	101006
child care. To the extent permitted by federal law and	101007
notwithstanding any other provision of the Revised Code that	101008
regulates state ~~or county~~ contracts or contracts involving the	101009
expenditure of state~~, county,~~ or federal funds, all contracts for	101010
publicly funded child care shall be entered into in accordance	101011
with the provisions of this chapter and are exempt from any other	101012
provision of the Revised Code that regulates state ~~or county~~	101013
contracts or contracts involving the expenditure of state~~, county,~~	101014
or federal funds.	101015

(B) Each contract for publicly funded child care shall	101016
specify at least the following:	101017

(1) That the provider of publicly funded child care agrees to	101018
be paid for rendering services at the ~~lowest~~lower of the rate	101019
customarily charged by the provider for children enrolled for	101020
child care,or the reimbursement ceiling or rate of payment	101021
established pursuant to section 5104.30 of the Revised Code~~, or a~~	101022
~~rate the county department negotiates with the provider~~;	101023

(2) That, if a provider provides child care to an individual	101024
potentially eligible for publicly funded child care who is	101025
subsequently determined to be eligible, the ~~county~~ department	101026
agrees to pay for all child care provided between the date the	101027
county department of job and family services receives the	101028
individual's completed application and the date the individual's	101029
eligibility is determined;	101030

(3) Whether the county department of job and family services,	101031
the provider, or a child care resource and referral service	101032
organization will make eligibility determinations, whether the	101033
provider or a child care resource and referral service	101034
organization will be required to collect information to be used by	101035
the county department to make eligibility determinations, and the	101036
time period within which the provider or child care resource and	101037
referral service organization is required to complete required	101038
eligibility determinations or to transmit to the county department	101039
any information collected for the purpose of making eligibility	101040
determinations;	101041

(4) That the provider, other than a border state child care	101042
provider, shall continue to be licensed, approved, or certified	101043
pursuant to this chapter and shall comply with all standards and	101044
other requirements in this chapter and in rules adopted pursuant	101045
to this chapter for maintaining the provider's license, approval,	101046
or certification;	101047

(5) That, in the case of a border state child care provider,	101048
the provider shall continue to be licensed, certified, or	101049
otherwise approved by the state in which the provider is located	101050
and shall comply with all standards and other requirements	101051
established by that state for maintaining the provider's license,	101052
certificate, or other approval;	101053

(6) Whether the provider will be paid by the ~~county~~	101054
~~department of job and family services, the~~ state department of job	101055
and family services, or in some other manner as prescribed by	101056
rules adopted under section 5104.42 of the Revised Code;	101057

(7) That the contract is subject to the availability of state	101058
and federal funds.	101059

(C) Unless specifically prohibited by federal law or by rules	101060
adopted under section 5104.42 of the Revised Code, the county	101061
department of job and family services shall give individuals	101062
eligible for publicly funded child care the option of obtaining	101063
certificates ~~for payment~~ that the individual may use to purchase	101064
services from any provider qualified to provide publicly funded	101065
child care under section 5104.31 of the Revised Code. Providers of	101066
publicly funded child care may present these certificates for	101067
payment ~~for reimbursement~~ in accordance with rules that the	101068
director of job and family services shall adopt. Only providers	101069
may receive ~~reimbursement~~payment for certificates ~~for payment~~.	101070
The value of the certificate ~~for payment~~ shall be based on the	101071
~~lowest~~lower of the rate customarily charged by the provider~~, the~~	101072
~~reimbursement ceiling~~ or the rate of payment established pursuant	101073
to section 5104.30 of the Revised Code~~, or a rate the county~~	101074
~~department negotiates with the provider~~. The county department may	101075
provide the certificates ~~for payment~~ to the individuals or may	101076
contract with child care providers or child care resource and	101077
referral service organizations that make determinations of	101078
eligibility for publicly funded child care pursuant to contracts	101079
entered into under section 5104.34 of the Revised Code for the	101080
providers or resource and referral service organizations to	101081
provide the certificates ~~for payment~~ to individuals whom they	101082
determine are eligible for publicly funded child care.	101083

For each six-month period a provider of publicly funded child	101084
care provides publicly funded child ~~day-care~~care to the child of	101085
an individual given certificates ~~for payment~~, the individual shall	101086
provide the provider certificates for days the provider would have	101087
provided publicly funded child care to the child had the child	101088
been present. The maximum number of days providers shall be	101089
provided certificates shall not exceed ten days in a six-month	101090
period during which publicly funded child care is provided to the	101091
child regardless of the number of providers that provide publicly	101092
funded child care to the child during that period.	101093

Sec. 5104.34. (A)(1) Each county department of job and	101094
family services shall implement procedures for making	101095
determinations of eligibility for publicly funded child care.	101096
Under those procedures, the eligibility determination for each	101097
applicant shall be made no later than thirty calendar days from	101098
the date the county department receives a completed application	101099
for publicly funded child care. Each applicant shall be notified	101100
promptly of the results of the eligibility determination. An	101101
applicant aggrieved by a decision or delay in making an	101102
eligibility determination may appeal the decision or delay to the	101103
department of job and family services in accordance with section	101104
5101.35 of the Revised Code. The due process rights of applicants	101105
shall be protected.	101106

To the extent permitted by federal law, the county department	101107
may make all determinations of eligibility for publicly funded	101108
child care, may contract with child care providers or child care	101109
resource and referral service organizations for the providers or	101110
resource and referral service organizations to make all or any	101111
part of the determinations, and may contract with child care	101112
providers or child care resource and referral service	101113
organizations for the providers or resource and referral service	101114
organizations to collect specified information for use by the	101115
county department in making determinations. If a county department	101116
contracts with a child care provider or a child care resource and	101117
referral service organization for eligibility determinations or	101118
for the collection of information, the contract shall require the	101119
provider or resource and referral service organization to make	101120
each eligibility determination no later than thirty calendar days	101121
from the date the provider or resource and referral organization	101122
receives a completed application that is the basis of the	101123
determination and to collect and transmit all necessary	101124
information to the county department within a period of time that	101125
enables the county department to make each eligibility	101126
determination no later than thirty days after the filing of the	101127
application that is the basis of the determination.	101128

The county department may station employees of the department	101129
in various locations throughout the county to collect information	101130
relevant to applications for publicly funded child care and to	101131
make eligibility determinations. The county department, child care	101132
provider, and child care resource and referral service	101133
organization shall make each determination of eligibility for	101134
publicly funded child care no later than thirty days after the	101135
filing of the application that is the basis of the determination,	101136
shall make each determination in accordance with any relevant	101137
rules adopted pursuant to section 5104.38 of the Revised Code, and	101138
shall notify promptly each applicant for publicly funded child	101139
care of the results of the determination of the applicant's	101140
eligibility.	101141

The director of job and family services shall adopt rules in	101142
accordance with Chapter 119. of the Revised Code for monitoring	101143
the eligibility determination process. In accordance with those	101144
rules, the state department shall monitor eligibility	101145
determinations made by county departments of job and family	101146
services and shall direct any entity that is not in compliance	101147
with this division or any rule adopted under this division to	101148
implement corrective action specified by the department.	101149

(2) All eligibility determinations for publicly funded child	101150
care shall be made in accordance with rules adopted pursuant to	101151
division (A) of section 5104.38 of the Revised Code and, if a	101152
county department of job and family services specifies, pursuant	101153
to rules adopted under division (B) of that section, a maximum	101154
amount of income a family may have to be eligible for publicly	101155
funded child care, the income maximum specified by the county	101156
department. Publicly funded child care may be provided only to	101157
eligible infants, toddlers, preschool children, and school	101158
children under age thirteen. For an applicant to be eligible for	101159
publicly funded child care, the caretaker parent must be employed	101160
or participating in a program of education or training for an	101161
amount of time reasonably related to the time that the parent's	101162
children are receiving publicly funded child care. This	101163
restriction does not apply to families whose children are eligible	101164
for protective child care.	101165

Subject to available funds, a county department of job and	101166
family services shall allow a family to receive publicly funded	101167
child care unless the family's income exceeds the maximum income	101168
eligibility limit. Initial and continued eligibility for publicly	101169
funded child care is subject to available funds unless the family	101170
is receiving child care pursuant to division (A)(1), (2), (3), or	101171
(4) of section 5104.30 of the Revised Code. If the county	101172
department must limit eligibility due to lack of available funds,	101173
it shall give first priority for publicly funded child care to an	101174
assistance group whose income is not more than the maximum income	101175
eligibility limit that received transitional child care in the	101176
previous month but is no longer eligible because the twelve-month	101177
period has expired. Such an assistance group shall continue to	101178
receive priority for publicly funded child care until its income	101179
exceeds the maximum income eligibility limit.	101180

(3) An assistance group that ceases to participate in the	101181
Ohio works first program established under Chapter 5107. of the	101182
Revised Code is eligible for transitional child care at any time	101183
during the immediately following twelve-month period that both of	101184
the following apply:	101185

(a) The assistance group requires child care due to	101186
employment;	101187

(b) The assistance group's income is not more than one	101188
hundred fifty per cent of the federal poverty line.	101189

An assistance group ineligible to participate in the Ohio	101190
works first program pursuant to section 5101.83 or section 5107.16	101191
of the Revised Code is not eligible for transitional child care.	101192

(B) To the extent permitted by federal law, a county	101193
department of job and family services may require a caretaker	101194
parent determined to be eligible for publicly funded child care to	101195
pay a fee according to the schedule of fees established in rules	101196
adopted under section 5104.38 of the Revised Code. Each county	101197
department shall make protective child care services available to	101198
children without regard to the income or assets of the caretaker	101199
parent of the child.	101200

(C) A caretaker parent receiving publicly funded child care	101201
shall report to the entity that determined eligibility any changes	101202
in status with respect to employment or participation in a program	101203
of education or training not later than ten calendar days after	101204
the change occurs.	101205

(D) If a county department of job and family services	101206
determines that available resources are not sufficient to provide	101207
publicly funded child care to all eligible families who request	101208
it, the county department may establish a waiting list. A county	101209
department may establish separate waiting lists within the waiting	101210
list based on income. When resources become available to provide	101211
publicly funded child care to families on the waiting list, a	101212
county department that establishes a waiting list shall assess the	101213
needs of the next family scheduled to receive publicly funded	101214
child care. If the assessment demonstrates that the family	101215
continues to need and is eligible for publicly funded child care,	101216
the county department shall offer it to the family. If the county	101217
department determines that the family is no longer eligible or no	101218
longer needs publicly funded child care, the county department	101219
shall remove the family from the waiting list.	101220

(E) A caretaker parent shall not receive publicly funded	101221
child care from more than one child care provider during any	101222
period unless the caretaker parent obtains approval from the	101223
county department of job and family services based on good cause.	101224

(F) As used in this section, "maximum income eligibility	101225
limit" means the amount of income specified in rules adopted under	101226
division (A) of section 5104.38 of the Revised Code or, if a	101227
county department of job and family services specifies a higher	101228
amount pursuant to rules adopted under division (B) of that	101229
section, the amount the county department specifies.	101230

Sec. 5104.341. (A) Except as provided in division (B) of	101231
this section, both of the following apply:	101232

(1) An eligibility determination made under section 5104.34	101233
of the Revised Code for publicly funded child care is valid for	101234
one year;	101235

(2) The county department of job and family services shall	101236
adjust the appropriate level of a fee charged under division (B)	101237
of section 5104.34 of the Revised Code if a caretaker parent	101238
reports changes in income, family size, or both.	101239

(B) Division (A) of this section does not apply ~~in either of~~	101240
~~the following circumstances:~~	101241

~~(1) The publicly funded child care is provided under division~~	101242
~~(B)(4) of section 5104.35 of the Revised Code;~~	101243

~~(2) The~~if the recipient of the publicly funded child care	101244
ceases to be eligible for publicly funded child care.	101245

Sec. 5104.35. (A) ~~The~~Each county department of job and	101246
family services shall do all of the following:	101247

(1) Accept any gift, grant, or other funds from either public	101248
or private sources offered unconditionally or under conditions	101249
which are, in the judgment of the department, proper and	101250
consistent with this chapter and deposit the funds in the county	101251
public assistance fund established by section 5101.161 of the	101252
Revised Code;	101253

(2) Recruit individuals and groups interested in	101254
certification as in-home aides or in developing and operating	101255
suitable licensed child day-care centers, type A family day-care	101256
homes, or certified type B family day-care homes, especially in	101257
areas with high concentrations of recipients of public assistance,	101258
and for that purpose provide consultation to interested	101259
individuals and groups on request;	101260

(3) Inform clients of the availability of child care	101261
services;	101262

~~(4) Pay to a child day-care center, type A family day-care~~	101263
~~home, certified type B family day-care home, in-home aide,~~	101264
~~approved child day camp, licensed preschool program, licensed~~	101265
~~school child program, or border state child care provider for~~	101266
~~child care services, the amount provided for in division (B) of~~	101267
~~section 5104.32 of the Revised Code. If part of the cost of care~~	101268
~~of a child is paid by the child's parent or any other person, the~~	101269
~~amount paid shall be subtracted from the amount the provider is~~	101270
~~paid.~~	101271

~~(5) In accordance with rules adopted pursuant to section~~	101272
~~5104.39 of the Revised Code, provide monthly reports to the~~	101273
~~director of job and family services and the director of budget and~~	101274
~~management regarding expenditures for the purchase of publicly~~	101275
~~funded child care~~.	101276

(B) ~~The~~A county department of job and family services may do	101277
~~any of the following:~~	101278

~~(1) To~~, to the extent permitted by federal law, use public	101279
child care funds to extend the hours of operation of the county	101280
department to accommodate the needs of working caretaker parents	101281
and enable those parents to apply for publicly funded child care;	101282

~~(2) In accordance with rules adopted by the director of job~~	101283
~~and family services, request a waiver of the reimbursement ceiling~~	101284
~~established pursuant to section 5104.30 of the Revised Code for~~	101285
~~the purpose of paying a higher rate for publicly funded child care~~	101286
~~based upon the special needs of a child;~~	101287

~~(3) To the extent permitted by federal law, use state and~~	101288
~~federal funds to pay deposits and other advance payments that a~~	101289
~~provider of child care customarily charges all children who~~	101290
~~receive child care from that provider;~~	101291

~~(4) To the extent permitted by federal law, pay for up to~~	101292
~~thirty days of child care for a child whose caretaker parent is~~	101293
~~seeking employment, taking part in employment orientation~~	101294
~~activities, or taking part in activities in anticipation of~~	101295
~~enrollment or attendance in an education or training program or~~	101296
~~activity, if the employment or education or training program or~~	101297
~~activity is expected to begin within the thirty-day period~~.	101298

Sec. 5104.37. The department of job and family services ~~and~~	101299
~~a county department of job and family services~~ may withhold any	101300
money due, and recover through any appropriate method any money	101301
erroneously paid, under this chapter if evidence exists of less	101302
than full compliance with this chapter and any rules adopted under	101303
it.	101304

Sec. 5104.38. In addition to any other rules adopted under	101305
this chapter, the director of job and family services shall adopt	101306
rules in accordance with Chapter 119. of the Revised Code	101307
governing financial and administrative requirements for publicly	101308
funded child care and establishing all of the following:	101309

(A) Procedures and criteria to be used in making	101310
determinations of eligibility for publicly funded child care that	101311
give priority to children of families with lower incomes and	101312
procedures and criteria for eligibility for publicly funded	101313
protective child care. The rules shall specify the maximum amount	101314
of income a family may have for initial and continued eligibility.	101315
The maximum amount shall not exceed two hundred per cent of the	101316
federal poverty line. The rules may specify exceptions to the	101317
eligibility requirements in the case of a family that previously	101318
received publicly funded child care and is seeking to have the	101319
child care reinstated after the family's eligibility was	101320
terminated.	101321

(B) Procedures under which a county department of job and	101322
family services may, if the department, under division (A) of this	101323
section, specifies a maximum amount of income a family may have	101324
for eligibility for publicly funded child care that is less than	101325
the maximum amount specified in that division, specify a maximum	101326
amount of income a family residing in the county the county	101327
department serves may have for initial and continued eligibility	101328
for publicly funded child care that is higher than the amount	101329
specified by the department but does not exceed the maximum amount	101330
specified in division (A) of this section;	101331

(C) A schedule of fees requiring all eligible caretaker	101332
parents to pay a fee for publicly funded child care according to	101333
income and family size, which shall be uniform for all types of	101334
publicly funded child care, except as authorized by rule, and, to	101335
the extent permitted by federal law, shall permit the use of state	101336
and federal funds to pay the customary deposits and other advance	101337
payments that a provider charges all children who receive child	101338
care from that provider. The schedule of fees may not provide for	101339
a caretaker parent to pay a fee that exceeds ten per cent of the	101340
parent's family income.	101341

(D) A formula ~~based upon a percentage of the county's total~~	101342
~~expenditures for publicly funded child care~~ for determining the	101343
~~maximum~~ amount of state and federal funds appropriated for	101344
publicly funded child care that may be allocated to a county	101345
department ~~may~~to use for administrative purposes;	101346

(E) Procedures to be followed by the department and county	101347
departments in recruiting individuals and groups to become	101348
providers of child care;	101349

(F) Procedures to be followed in establishing state or local	101350
programs designed to assist individuals who are eligible for	101351
publicly funded child care in identifying the resources available	101352
to them and to refer the individuals to appropriate sources to	101353
obtain child care;	101354

(G) Procedures to deal with fraud and abuse committed by	101355
either recipients or providers of publicly funded child care;	101356

(H) Procedures for establishing a child care grant or loan	101357
program in accordance with the child care block grant act;	101358

(I) Standards and procedures for applicants to apply for	101359
grants and loans, and for the department to make grants and loans;	101360

(J) A definition of "person who stands in loco parentis" for	101361
the purposes of division ~~(II)(1)~~(JJ)(1) of section 5104.01 of the	101362
Revised Code;	101363

(K) Procedures for a county department of job and family	101364
services to follow in making eligibility determinations and	101365
redeterminations for publicly funded child care available through	101366
telephone, computer, and other means at locations other than the	101367
county department;	101368

(L) If the director establishes a different reimbursement	101369
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	101370
Code, standards and procedures for determining the amount of the	101371
higher payment that is to be issued to a child care provider based	101372
on the special needs of the child being served;	101373

(M) To the extent permitted by federal law, procedures for	101374
paying for up to thirty days of child care for a child whose	101375
caretaker parent is seeking employment, taking part in employment	101376
orientation activities, or taking part in activities in	101377
anticipation of enrolling in or attending an education or training	101378
program or activity, if the employment or the education or	101379
training program or activity is expected to begin within the	101380
thirty-day period;	101381

(N) Procedures for a county department of job and family	101382
services to follow in determining whether there is good cause to	101383
permit an eligible caretaker parent to receive publicly funded	101384
child care from more than one child care provider.	101385

(O) Any other rules necessary to carry out sections 5104.30	101386
to ~~5104.39~~5104.43 of the Revised Code.	101387

Sec. 5104.39. (A) The director of job and family services	101388
shall adopt rules in accordance with Chapter 119. of the Revised	101389
Code establishing a procedure for monitoring the expenditures of	101390
~~county departments of job and family services~~for publicly funded	101391
child care to ensure that expenditures do not exceed the available	101392
federal and state funds for publicly funded child care. The	101393
department of job and family services, with the assistance of the	101394
office of budget and management and the child care advisory	101395
council created pursuant to section 5104.08 of the Revised Code,	101396
shall monitor the anticipated future expenditures ~~of county~~	101397
~~departments~~ for publicly funded child care and shall compare those	101398
anticipated future expenditures to available federal and state	101399
funds for publicly funded child care. Whenever the department	101400
determines that the anticipated future expenditures ~~of the county~~	101401
~~departments will exceed the available federal and state funds~~ for	101402
publicly funded child care ~~and the department reimburses the~~	101403
~~county departments in accordance with rules adopted under section~~	101404
~~5104.42 of the Revised Code~~will exceed the available federal and	101405
state funds, the department shall promptly notify the county	101406
departments of job and family services and, before the available	101407
state and federal funds are used, the director shall issue and	101408
implement an administrative order that shall specify both of the	101409
following:	101410

(1) Priorities for expending the remaining available federal	101411
and state funds for publicly funded child care;	101412

(2) Instructions and procedures to be used by the county	101413
departments regarding eligibility determinations.	101414

(B) The order may do any or all of the following:

101415

(1) Suspend enrollment of all new participants in any program	101416
of publicly funded child care;	101417

(2) Limit enrollment of new participants to those with	101418
incomes at or below a specified percentage of the federal poverty	101419
line;	101420

(3) Disenroll existing participants with income above a	101421
specified percentage of the federal poverty line;	101422

(4) Change the schedule of fees paid by eligible caretaker	101423
parents that has been established pursuant to section 5104.38 of	101424
the Revised Code;	101425

(5) Change the rate of payment for providers of publicly	101426
funded child care that has been established pursuant to section	101427
5104.30 of the Revised Code.	101428

(C) Each county department shall comply with the order no	101429
later than thirty days after it is issued. ~~If the department fails~~	101430
~~to notify the county departments and to implement the reallocation~~	101431
~~priorities specified in the order before the available federal and~~	101432
~~state funds for publicly funded child care are used, the state~~	101433
~~department shall provide sufficient funds to the county~~	101434
~~departments for publicly funded child care to enable each county~~	101435
~~department to pay for all publicly funded child care that was~~	101436
~~provided by providers pursuant to contract prior to the date that~~	101437
~~the county department received notice under this section and the~~	101438
~~state department implemented in that county the priorities.~~	101439

(D) If after issuing an order under this section to suspend	101440
or limit enrollment of new participants or disenroll existing	101441
participants the department determines that available state and	101442
federal funds for publicly funded child care exceed the	101443
anticipated future expenditures ~~of the county departments~~for	101444
publicly funded child care, the director may issue and implement	101445
another administrative order increasing income eligibility levels	101446
to a specified percentage of the federal poverty line. The order	101447
shall include instructions and procedures to be used by the county	101448
departments. Each county department shall comply with the order	101449
not later than thirty days after it is issued.	101450

(E) The department of job and family services shall do all of	101451
the following:	101452

(1) Conduct a quarterly evaluation of the program of publicly	101453
funded child care that is operated pursuant to sections 5104.30 to	101454
~~5104.39~~5104.43 of the Revised Code;	101455

(2) Prepare reports based upon the evaluations that specify	101456
for each county the number of participants and amount of	101457
expenditures;	101458

(3) Provide copies of the reports to both houses of the	101459
general assembly and, on request, to interested parties.	101460

Sec. 5104.42. (A) The director of job and family services	101461
shall adopt rules pursuant to section 111.15 of the Revised Code	101462
establishing a payment procedure for publicly funded child care.	101463
~~The rules may provide that the department of job and family~~	101464
~~services will reimburse county departments of job and family~~	101465
~~services for payments made to providers of publicly funded child~~	101466
~~care, make direct payments to providers, or establish another~~	101467
~~system for the payment of publicly funded child care.~~	101468

~~Alternately, the~~(B) The director, by rule adopted in	101469
accordance with section 111.15 of the Revised Code, may establish	101470
a methodology for allocating ~~among the county departments~~ the	101471
state and federal funds appropriated for ~~all~~ publicly funded child	101472
care ~~services~~. ~~If the department chooses to allocate funds for~~	101473
~~publicly funded child care, it may provide the funds to each~~	101474
~~county department, up to the limit of the county's allocation, by~~	101475
~~advancing the funds or reimbursing county care expenditures. The~~	101476
~~rules adopted under this section may prescribe procedures for~~	101477
~~making the advances or reimbursements. The rules may establish a~~	101478
~~method under which the department may determine which county~~	101479
~~expenditures for child care services are allowable for use of and~~	101480
~~federal funds.~~	101481

~~The rules may establish procedures that a county department~~	101482
~~shall follow when the county department determines that its~~	101483
~~anticipated future expenditures for publicly funded child care~~	101484
~~services will exceed the amount of state and federal funds~~	101485
~~allocated by the state department. The procedures may include~~	101486
~~suspending or limiting enrollment of new participants.~~	101487

Sec. 5104.43. Each county department of job and family	101488
services shall deposit all funds received from any source for	101489
child care services into the public assistance fund established	101490
under section 5101.161 of the Revised Code. ~~All expenditures by a~~	101491
~~county department for publicly funded child care shall be made~~	101492
~~from the public assistance fund.~~	101493

Sec. 5104.99. (A) Whoever violates section 5104.02 of the	101494
Revised Code shall be punished as follows:	101495

(1) For each offense, the offender shall be fined not less	101496
than one hundred dollars nor more than five hundred dollars	101497
multiplied by the number of children receiving child care at the	101498
child day-care center or type A family day-care home that either	101499
exceeds the number of children to which a type B family day-care	101500
home may provide child care or, if the offender is a licensed type	101501
A family day-care home that is operating as a child day-care	101502
center without being licensed as a center, exceeds the license	101503
capacity of the type A home.	101504

(2) In addition to the fine specified in division (A)(1) of	101505
this section, all of the following apply:	101506

(a) Except as provided in divisions (A)(2)(b), (c), and (d)	101507
of this section, the court shall order the offender to reduce the	101508
number of children to which it provides child care to a number	101509
that does not exceed either the number of children to which a type	101510
B family day-care home may provide child care or, if the offender	101511
is a licensed type A family day-care home that is operating as a	101512
child day-care center without being licensed as a center, the	101513
license capacity of the type A home.	101514

(b) If the offender previously has been convicted of or	101515
pleaded guilty to one violation of section 5104.02 of the Revised	101516
Code, the court shall order the offender to cease the provision of	101517
child care to any person until it obtains a child day-care center	101518
license or a type A family day-care home license, as appropriate,	101519
under section 5104.03 of the Revised Code.	101520

(c) If the offender previously has been convicted of or	101521
pleaded guilty to two violations of section 5104.02 of the Revised	101522
Code, the offender is guilty of a misdemeanor of the first degree,	101523
and the court shall order the offender to cease the provision of	101524
child care to any person until it obtains a child day-care center	101525
license or a type A family day-care home license, as appropriate,	101526
under section 5104.03 of the Revised Code. The court shall impose	101527
the fine specified in division (A)(1) of this section and may	101528
impose an additional fine provided that the total amount of the	101529
fines so imposed does not exceed the maximum fine authorized for a	101530
misdemeanor of the first degree under section 2929.28 of the	101531
Revised Code.	101532

(d) If the offender previously has been convicted of or	101533
pleaded guilty to three or more violations of section 5104.02 of	101534
the Revised Code, the offender is guilty of a felony of the fifth	101535
degree, and the court shall order the offender to cease the	101536
provision of child care to any person until it obtains a child	101537
day-care center license or a type A family day-care home license,	101538
as appropriate, under section 5104.03 of the Revised Code. The	101539
court shall impose the fine specified in division (A)(1) of this	101540
section and may impose an additional fine provided that the total	101541
amount of the fines so imposed does not exceed the maximum fine	101542
authorized for a felony of the fifth degree under section 2929.18	101543
of the Revised Code.	101544

(B) Whoever violates division (B) of section 5104.09 of the	101545
Revised Code is guilty of a misdemeanor of the first degree. If	101546
the offender is a licensee of a center or type A home, the	101547
conviction shall constitute grounds for denial,or revocation~~, or~~	101548
~~refusal to renew~~of an application for licensure pursuant to	101549
section 5104.04 of the Revised Code. If the offender is a person	101550
eighteen years of age or older residing in a center or type A home	101551
or is an employee of a center or a type A home and if the licensee	101552
had knowledge of, and acquiesced in, the commission of the	101553
offense, the conviction shall constitute grounds for denial,or	101554
revocation~~, or refusal to renew~~of an application for licensure	101555
pursuant to section 5104.04 of the Revised Code.	101556

(C) Whoever violates division (C) of section 5104.09 of the	101557
Revised Code is guilty of a misdemeanor of the third degree.	101558

Sec. 5111.012. ~~The~~(A) Except as provided in division (B) of	101559
this section, the county department of job and family services of	101560
each county shall establish the eligibility for medical assistance	101561
of persons living in the county, and shall notify the department	101562
of job and family services in the manner prescribed by the	101563
department. The county shall be reimbursed for administrative	101564
expenditures in accordance with sections 5101.16, 5101.161, and	101565
5701.01 of the Revised Code. Expenditures for medical assistance	101566
shall be made from funds appropriated to the department of job and	101567
family services for public assistance subsidies. The program shall	101568
conform to the requirements of the "Social Security Act," 49 Stat.	101569
620 (1935), 42 U.S.C.A. 301, as amended.	101570

(B) If the department of job and family services elects to	101571
enter into agreements with county departments of job and family	101572
services pursuant to division (B) of section 5101.47 of the	101573
Revised Code, a county department of job and family services shall	101574
establish eligibility for medical assistance only if authorized to	101575
do so under such an agreement.	101576

Sec. 5111.013. (A) The provision of medical assistance to	101577
pregnant women and young children who are eligible for medical	101578
assistance under division (A)(3) of section 5111.01 of the Revised	101579
Code, but who are not otherwise eligible for medical assistance	101580
under that section, shall be known as the healthy start program.	101581

(B) The department of job and family services shall do all of	101582
the following with regard to the application procedures for the	101583
healthy start program:	101584

(1) Establish a short application form for the program that	101585
requires the applicant to provide no more information than is	101586
necessary for making determinations of eligibility for the healthy	101587
start program, except that the form may require applicants to	101588
provide their social security numbers. The form shall include a	101589
statement, which must be signed by the applicant, indicating that	101590
she does not choose at the time of making application for the	101591
program to apply for assistance provided under any other program	101592
administered by the department and that she understands that she	101593
is permitted at any other time to apply at the county department	101594
of job and family services of the county in which she resides for	101595
any other assistance administered by the department.	101596

(2) To the extent permitted by federal law, do one or both of	101597
the following:	101598

(a) Distribute the application form for the program to each	101599
public or private entity that serves as a women, infants, and	101600
children clinic or as a child and family health clinic and to each	101601
administrative body for such clinics and train employees of each	101602
such agency or entity to provide applicants assistance in	101603
completing the form;	101604

(b) In cooperation with the department of health, develop	101605
arrangements under which employees of county departments of job	101606
and family services are stationed at public or private agencies or	101607
entities selected by the department of job and family services	101608
that serve as women, infants, and children clinics; child and	101609
family health clinics; or administrative bodies for such clinics	101610
for the purpose both of assisting applicants for the program in	101611
completing the application form and of making determinations at	101612
that location of eligibility for the program.	101613

(3) Establish performance standards by which a county	101614
department of job and family services' level of enrollment of	101615
persons potentially eligible for the program can be measured, and	101616
establish acceptable levels of enrollment for each county	101617
department.	101618

(4) Direct any county department of job and family services	101619
whose rate of enrollment of potentially eligible enrollees in the	101620
program is below acceptable levels established under division	101621
(B)(3) of this section to implement corrective action. Corrective	101622
action may include but is not limited to any one or more of the	101623
following to the extent permitted by federal law:	101624

(a) Establishing formal referral and outreach methods with	101625
local health departments and local entities receiving funding	101626
through the bureau of maternal and child health;	101627

(b) Designating a specialized intake unit within the county	101628
department for healthy start applicants;	101629

(c) Establishing abbreviated timeliness requirements to	101630
shorten the time between receipt of an application and the	101631
scheduling of an initial application interview;	101632

(d) Establishing a system for telephone scheduling of intake	101633
interviews for applicants;	101634

(e) Establishing procedures to minimize the time an applicant	101635
must spend in completing the application and eligibility	101636
determination process, including permitting applicants to complete	101637
the process at times other than the regular business hours of the	101638
county department and at locations other than the offices of the	101639
county department.	101640

(C) To the extent permitted by federal law, local funds,	101641
whether from public or private sources, expended by a county	101642
department for administration of the healthy start program shall	101643
be considered to have been expended by the state for the purpose	101644
of determining the extent to which the state has complied with any	101645
federal requirement that the state provide funds to match federal	101646
funds for medical assistance, except that this division shall not	101647
affect the amount of funds the county is entitled to receive under	101648
section 5101.16, 5101.161, or 5111.012 of the Revised Code.	101649

(D) ~~The director of job and family services shall do one or~~	101650
~~both of the following:~~	101651

~~(1) To the extent that federal funds are provided for such~~	101652
~~assistance, adopt a plan for granting presumptive eligibility for~~	101653
~~pregnant women applying for healthy start;~~	101654

~~(2) To the extent permitted by federal medicaid regulations,~~	101655
~~adopt a plan for making same-day determinations of eligibility for~~	101656
~~pregnant women applying for healthy start.~~	101657

~~(E)~~ A county department of job and family services that	101658
maintains offices at more than one location shall accept	101659
applications for the healthy start program at all of those	101660
locations.	101661

~~(F)~~(E) The director of job and family services shall adopt	101662
rules in accordance with section 111.15 of the Revised Code as	101663
necessary to implement this section.	101664

Sec. 5111.0112. (A) The director of job and family services	101665
shall institute a cost-sharing program under the medicaid program.	101666
In instituting the cost-sharing program, the director shall comply	101667
with federal law. ~~In the case of an individual participating in~~	101668
~~the children's buy-in program established under sections 5101.5211~~	101669
~~to 5101.5216 of the Revised Code, the cost-sharing program shall~~	101670
~~be consistent with sections 5101.5213 and 5101.5214 of the Revised~~	101671
~~Code if the children's buy-in program is a component of the~~	101672
~~medicaid program.~~ The cost-sharing program shall establish a	101673
copayment requirement for at least dental services, vision	101674
services, nonemergency emergency department services, and	101675
prescription drugs, other than generic drugs. The cost-sharing	101676
program shall establish requirements regarding premiums,	101677
enrollment fees, deductions, and similar charges. The director	101678
shall adopt rules under section 5111.02 of the Revised Code	101679
governing the cost-sharing program.	101680

(B) The cost-sharing program shall, to the extent permitted	101681
by federal law, provide for all of the following with regard to	101682
any providers participating in the medicaid program:	101683

(1) No provider shall refuse to provide a service to a	101684
medicaid recipient who is unable to pay a required copayment for	101685
the service.	101686

(2) Division (B)(1) of this section shall not be considered	101687
to do either of the following with regard to a medicaid recipient	101688
who is unable to pay a required copayment:	101689

(a) Relieve the medicaid recipient from the obligation to pay	101690
a copayment;	101691

(b) Prohibit the provider from attempting to collect an	101692
unpaid copayment.	101693

(3) Except as provided in division (C) of this section, no	101694
provider shall waive a medicaid recipient's obligation to pay the	101695
provider a copayment.	101696

(4) No provider or drug manufacturer, including the	101697
manufacturer's representative, employee, independent contractor,	101698
or agent, shall pay any copayment on behalf of a medicaid	101699
recipient.	101700

(5) If it is the routine business practice of the provider to	101701
refuse service to any individual who owes an outstanding debt to	101702
the provider, the provider may consider an unpaid copayment	101703
imposed by the cost-sharing program as an outstanding debt and may	101704
refuse service to a medicaid recipient who owes the provider an	101705
outstanding debt. If the provider intends to refuse service to a	101706
medicaid recipient who owes the provider an outstanding debt, the	101707
provider shall notify the individual of the provider's intent to	101708
refuse services.	101709

(C) In the case of a provider that is a hospital, the	101710
cost-sharing program shall permit the hospital to take action to	101711
collect a copayment by providing, at the time services are	101712
rendered to a medicaid recipient, notice that a copayment may be	101713
owed. If the hospital provides the notice and chooses not to take	101714
any further action to pursue collection of the copayment, the	101715
prohibition against waiving copayments specified in division	101716
(B)(3) of this section does not apply.	101717

(D) The department of job and family services may work with a	101718
state agency that is administering, pursuant to a contract entered	101719
into under section 5111.91 of the Revised Code, one or more	101720
components of the medicaid program or one or more aspects of a	101721
component as necessary for the state agency to apply the	101722
cost-sharing program to the components or aspects of the medicaid	101723
program that the state agency administers.	101724

Sec. 5111.0122. As used in this section, "maintenance of	101725
effort requirement" means the requirement established by section	101726
1902(gg) of the "Social Security Act," 124 Stat. 275 (2010), 42	101727
U.S.C. 1396a(gg), as amended, regarding medicaid eligibility	101728
standards, methodologies, and procedures.	101729

Except to the extent, if any, otherwise authorized by the	101730
United States secretary of health and human services, the	101731
department of job and family services shall comply with the	101732
maintenance of effort requirement while the requirement is in	101733
effect.	101734

Sec. 5111.0123. (A) Subject to division (B) of this section,	101735
the director of job and family services shall adopt rules under	101736
sections 5111.011 and 5111.85 of the Revised Code to reduce the	101737
complexity of the eligibility determination processes for the	101738
medicaid program caused by the different income and resource	101739
standards for the numerous medicaid eligibility categories.	101740

(B) In implementing division (A) of this section, both of the	101741
following apply:	101742

(1) Before implementing a revision to an eligibility	101743
determination process, the director shall obtain, to the extent	101744
necessary, the approval of the United States secretary of health	101745
and human services in the form of a federal medicaid waiver,	101746
medicaid state plan amendment, or demonstration grant.	101747

(2) The director shall comply with section 5111.0122 of the	101748
Revised Code.	101749

Sec. 5111.0124. (A) As used in this section:

101750

"Children's hospital" has the same meaning as in section	101751
2151.86 of the Revised Code.	101752

"Federally-qualified health center" has the same meaning as	101753
in 42 U.S.C. 1396d(l)(2)(B).	101754

"Presumptive eligibility for pregnant women option" means the	101755
option available under 42 U.S.C. 1396r-1 to make ambulatory	101756
prenatal care available to pregnant women under the medicaid	101757
program during presumptive eligibility periods.	101758

"Qualified provider" has the same meaning as in 42 U.S.C.	101759
1396r-1(b)(2).	101760

(B) The director of job and family services shall submit a	101761
state medicaid plan amendment to the United States secretary of	101762
health and human services to implement the presumptive eligibility	101763
for pregnant women option. Not later than ninety days after the	101764
effective date of this section, the director shall have in place	101765
all systems that are necessary to enable a children's hospital and	101766
federally qualified health center to serve as a qualified provider	101767
for purposes of the presumptive eligibility for pregnant women	101768
option if the hospital or center is eligible to be a qualified	101769
provider under 42 U.S.C. 1396r-1(b)(2) and requests to serve as a	101770
qualified provider. After the director determines that the systems	101771
are functioning properly, the director shall permit any other	101772
provider to serve as a qualified provider for purposes of the	101773
presumptive eligibility for pregnant women option if the provider	101774
is eligible to be a qualified provider under 42 U.S.C.	101775
1396r-1(b)(2) and requests to serve as a qualified provider.	101776

Sec. 5111.0125. (A) As used in this section:

101777

"Children's hospital" has the same meaning as in section	101778
2151.86 of the Revised Code.	101779

"Federally-qualified health center" has the same meaning as	101780
in 42 U.S.C. 1396d(l)(2)(B).	101781

"Presumptive eligibility for children option" means the	101782
option available under 42 U.S.C. 1396r-1a to make medical	101783
assistance with respect to health care items and services	101784
available to children under the medicaid program during	101785
presumptive eligibility periods.	101786

"Qualified entity" has the same meaning as in 42 U.S.C.	101787
1396r-1a(b)(3).	101788

(B) The director of job and family services shall retain the	101789
presumptive eligibility for children option in the state medicaid	101790
plan. Not later than ninety days after the effective date of this	101791
section, the director shall have in place all systems that are	101792
necessary to enable a children's hospital and federally qualified	101793
health center to serve as a qualified entity for purposes of the	101794
presumptive eligibility for children option if the hospital or	101795
center is eligible to be a qualified entity under 42 U.S.C.	101796
1396r-1a(b)(3) and requests to serve as a qualified entity. After	101797
the director determines that the systems are functioning properly,	101798
the director shall permit any other entity to serve as a qualified	101799
entity for purposes of the presumptive eligibility for children	101800
option if the entity is eligible to be a qualified entity under 42	101801
U.S.C. 1396r-1a(b)(3) and requests to serve as a qualified entity.	101802

Sec. 5111.021. Under the medicaid program:

101803

(A) ~~Except as otherwise permitted by federal statute or~~	101804
~~regulation and at the department's discretion, reimbursement by~~	101805
~~the~~The department of job and family services toshall not	101806
reimburse a medical provider for any medical ~~service~~assistance	101807
rendered under the program ~~shall not exceed~~an amount that exceeds	101808
the following:	101809

(1) If the provider is a hospital, nursing facility, or	101810
intermediate care facility for the mentally retarded, the limits	101811
established under Subpart C of 42 C.F.R. Part 447;	101812

(2) If the provider is other than a provider described in	101813
division (A)(1) of this section, the authorized reimbursement	101814
~~level~~limits for the same service under the medicare program	101815
established under Title XVIII of the "Social Security Act," 79	101816
Stat. 286 (1965), 42 U.S.C. 1395, as amended.	101817

(B) Reimbursement for freestanding medical laboratory charges	101818
shall not exceed the customary and usual fee for laboratory	101819
profiles.	101820

(C) The department may deduct from payments for services	101821
rendered by a medicaid provider under the medicaid program any	101822
amounts the provider owes the state as the result of incorrect	101823
medicaid payments the department has made to the provider.	101824

(D) The department may conduct final fiscal audits in	101825
accordance with the applicable requirements set forth in federal	101826
laws and regulations and determine any amounts the provider may	101827
owe the state. When conducting final fiscal audits, the department	101828
shall consider generally accepted auditing standards, which	101829
include the use of statistical sampling.	101830

(E) The number of days of inpatient hospital care for which	101831
reimbursement is made on behalf of a medicaid recipient to a	101832
hospital that is not paid under a diagnostic-related-group	101833
prospective payment system shall not exceed thirty days during a	101834
period beginning on the day of the recipient's admission to the	101835
hospital and ending sixty days after the termination of that	101836
hospital stay, except that the department may make exceptions to	101837
this limitation. The limitation does not apply to children	101838
participating in the program for medically handicapped children	101839
established under section 3701.023 of the Revised Code.	101840

(F) The division of any reimbursement between a collaborating	101841
physician or podiatrist and a clinical nurse specialist, certified	101842
nurse-midwife, or certified nurse practitioner for services	101843
performed by the nurse shall be determined and agreed on by the	101844
nurse and collaborating physician or podiatrist. In no case shall	101845
reimbursement exceed the payment that the physician or podiatrist	101846
would have received had the physician or podiatrist provided the	101847
entire service.	101848

Sec. 5111.023. (A) As used in this section:

101849

(1) "Community mental health agency or facility" means a	101850
community mental health agency or facility that has ~~a quality~~	101851
~~assurance program accredited by the joint commission on~~	101852
~~accreditation of healthcare organizations or is~~its community	101853
mental health services certified by the department of mental	101854
health under section 5119.611 of the Revised Code or by the	101855
department of job and family services.	101856

(2) "Mental health professional" means a person qualified to	101857
work with mentally ill persons under the standards established by	101858
the director of mental health pursuant to section 5119.611 of the	101859
Revised Code.	101860

(B) The state medicaid plan ~~shall~~may include provision of	101861
the following mental health services when provided by community	101862
mental health agencies or facilities:	101863

(1) Outpatient mental health services, including, but not	101864
limited to, preventive, diagnostic, therapeutic, rehabilitative,	101865
and palliative interventions rendered to individuals in an	101866
individual or group setting by a mental health professional in	101867
accordance with a plan of treatment appropriately established,	101868
monitored, and reviewed;	101869

(2) Partial-hospitalization mental health services rendered	101870
by persons directly supervised by a mental health professional;	101871

(3) Unscheduled, emergency mental health services of a kind	101872
ordinarily provided to persons in crisis when rendered by persons	101873
supervised by a mental health professional;	101874

(4) Subject to receipt of federal approval, assertive	101875
community treatment and intensive home-based mental health	101876
services.	101877

(C) ~~The comprehensive annual plan shall certify the~~	101878
~~availability of sufficient unencumbered community mental health~~	101879
~~state subsidy and local funds to match federal medicaid~~	101880
~~reimbursement funds earned by community mental health facilities.~~	101881

~~(D)~~ The department of job and family services shall enter	101882
into a separate contract with the department of mental health	101883
under section 5111.91 of the Revised Code with regard to the	101884
component of the medicaid program provided for by this section.	101885

~~(E) Not later than July 21, 2006, the department of job and~~	101886
~~family services shall request federal approval to provide~~	101887
~~assertive community treatment and intensive home-based mental~~	101888
~~health services under medicaid pursuant to this section.~~	101889

~~(F) On receipt of federal approval sought under division (E)~~	101890
~~of this section, the director of job and family services shall~~	101891
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	101892
~~for assertive community treatment and intensive home-based mental~~	101893
~~health services provided under medicaid pursuant to this section.~~	101894
~~The director shall consult with the department of mental health in~~	101895
~~adopting the rules.~~	101896

Sec. 5111.025. (A) In rules adopted under section 5111.02 of	101897
the Revised Code, the director of job and family services shall	101898
modify the manner or establish a new manner in which the following	101899
are paid under medicaid:	101900

(1) Community mental health agencies or facilities for	101901
providing community mental health services included in the state	101902
medicaid plan pursuant to section 5111.023 of the Revised Code;	101903

(2) Providers of alcohol and drug addiction services for	101904
providing alcohol and drug addiction services included in the	101905
medicaid program pursuant to rules adopted under section 5111.02	101906
of the Revised Code.	101907

(B) The director's authority to modify the manner, or to	101908
establish a new manner, for medicaid to pay for the services	101909
specified in division (A) of this section is not limited by any	101910
rules adopted under section 5111.02 or 5119.61 of the Revised Code	101911
that are in effect on June 26, 2003, and govern the way medicaid	101912
pays for those services. This is the case regardless of what state	101913
agency adopted the rules.	101914

Sec. 5111.0212. As necessary to comply with section	101915
1902(a)(13)(A) of the "Social Security Act," 111 Stat. 507 (1997),	101916
42 U.S.C. 1396a(a)(13)(A), as amended, and any other federal law	101917
that requires public notice of proposed changes to reimbursement	101918
rates for medical assistance provided under the medicaid program,	101919
the director of job and family services shall give public notice	101920
in the register of Ohio of any change to a method or standard used	101921
to determine the medicaid reimbursement rate for medical	101922
assistance.	101923

Sec. 5111.0213. (A) As used in this section:

101924

(1) "Aide services" means all of the following:

101925

(a) Home health aide services available under the home health	101926
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	101927

(b) Home care attendant services available under a home and	101928
community-based services medicaid waiver component;	101929

(c) Personal care aide services available under a home and	101930
community-based services medicaid waiver component.	101931

(2) "Home and community-based services medicaid waiver	101932
component" has the same meaning as in section 5111.85 of the	101933
Revised Code.	101934

(3) "Independent provider" means an individual who personally	101935
provides aide services or nursing services and is not employed by,	101936
under contract with, or affiliated with another entity that	101937
provides those services.	101938

(4) "Nursing services" means all of the following:

101939

(a) Nursing services available under the home health services	101940
benefit pursuant to 42 C.F.R. 440.70(b)(1);	101941

(b) Private duty nursing services as defined in 42 C.F.R.	101942
440.80;	101943

(c) Nursing services available under a home and	101944
community-based services medicaid waiver component.	101945

(B) Effective October 1, 2011, the department of job and	101946
family services shall do both of the following:	101947

(1) Reduce the medicaid program's first-hour-unit price for	101948
aide services to ninety-seven per cent of the price paid on June	101949
30, 2011, and for nursing services to ninety-five per cent of the	101950
price paid on June 30, 2011;	101951

(2) Pay for a service that is an aide service or a nursing	101952
service provided by an independent provider eighty per cent of the	101953
price it pays for the same service provided by a provider that is	101954
not an independent provider.	101955

(C) The director of job and family services shall adopt rules	101956
under sections 5111.02 and 5111.85 of the Revised Code as	101957
necessary to implement this section.	101958

Sec. 5111.0214. The department of job and family services	101959
shall not knowingly make a medicaid payment for a	101960
provider-preventable condition for which federal financial	101961
participation is prohibited by regulations adopted under section	101962
2702 of the "Patient Protection and Affordable Care Act," 124	101963
Stat. 318 (2010), 42 U.S.C. 1396b-1. The director of job and	101964
family services shall adopt rules under section 5111.02 of the	101965
Revised Code as necessary to implement this section.	101966

Sec. 5111.0215. (A) The department of job and family services	101967
may establish a program under which it provides incentive	101968
payments, as authorized by the "Health Information Technology for	101969
Economic and Clinical Health Act," 123 Stat. 489 (2009), 42 U.S.C.	101970
1396b(a)(3)(F) and 1396b(t), as amended, to encourage the adoption	101971
and use of electronic health record technology by medicaid	101972
providers who are identified under that federal law as eligible	101973
professionals.	101974

(B) After the department has made a determination regarding	101975
the amount of a medicaid provider's electronic health record	101976
incentive payment or the denial of an incentive payment, the	101977
department shall notify the provider. The provider may request	101978
that the department reconsider its determination.	101979

A request for reconsideration shall be submitted in writing	101980
to the department not later than fifteen days after the provider	101981
receives notification of the determination. The request shall be	101982
accompanied by written materials setting forth the basis for, and	101983
supporting, the reconsideration request.	101984

On receipt of a timely request, the department shall	101985
reconsider the determination. On the basis of the written	101986
materials accompanying the request, the department may uphold,	101987
reverse, or modify its original determination. The department	101988
shall mail to the provider by certified mail a written notice of	101989
the reconsideration decision.	101990

In accordance with Chapter 2505. of the Revised Code, the	101991
medicaid provider may appeal the reconsideration decision by	101992
filing a notice of appeal with the court of common pleas of	101993
Franklin county. The notice shall identify the decision being	101994
appealed and the specific grounds for the appeal. The notice of	101995
appeal shall be filed not later than fifteen days after the	101996
department mails its notice of the reconsideration decision. A	101997
copy of the notice of appeal shall be filed with the department	101998
not later than three days after the notice is filed with the	101999
court.	102000

(C) The director of job and family services may adopt rules	102001
in accordance with Chapter 119. of the Revised Code as necessary	102002
to implement this section.	102003

Sec. 5111.031. (A) As used in this section:

102004

(1) "Independent provider" has the same meaning as in section	102005
5111.034 of the Revised Code.	102006

(2) "Intermediate care facility for the mentally retarded"	102007
and "nursing facility" have the same meanings as in section	102008
5111.20 of the Revised Code.	102009

(3) "Noninstitutional medicaid provider" means any person or	102010
entity with a medicaid provider agreement other than a hospital,	102011
nursing facility, or intermediate care facility for the mentally	102012
retarded.	102013

(4) "Owner" means any person having at least five per cent	102014
ownership in a noninstitutional medicaid provider.	102015

(B) Notwithstanding any provision of this chapter to the	102016
contrary, the department of job and family services shall take	102017
action under this section against a noninstitutional medicaid	102018
provider or its owner, officer, authorized agent, associate,	102019
manager, or employee.	102020

(C) Except as provided in division (D) of this section and in	102021
rules adopted by the department under division (H) of this	102022
section, on receiving notice and a copy of an indictment that is	102023
issued on or after ~~the effective date of this section~~September	102024
29, 2007, and charges a noninstitutional medicaid provider or its	102025
owner, officer, authorized agent, associate, manager, or employee	102026
with committing an offense specified in division (E) of this	102027
section, the department shall suspend the provider agreement held	102028
by the noninstitutional medicaid provider. Subject to division (D)	102029
of this section, the department shall also terminate medicaid	102030
reimbursement to the provider for services rendered.	102031

The suspension shall continue in effect until the proceedings	102032
in the criminal case are completed through ~~conviction,~~ dismissal	102033
of the indictment,or through conviction, entry of a guilty plea,	102034
or finding of not guilty. If the department commences a process to	102035
terminate the suspended provider agreement, the suspension shall	102036
also continue in effect until the termination process is	102037
concluded. ~~Pursuant~~	102038

Pursuant to section 5111.06 of the Revised Code, the	102039
department is not required to take action under this division by	102040
issuing an order pursuant to an adjudication conducted in	102041
accordance with Chapter 119. of the Revised Code.	102042

When subject to a suspension under this division, a provider,	102043
owner, officer, authorized agent, associate, manager, or employee	102044
shall not own or provide services to any other medicaid provider	102045
or risk contractor or arrange for, render, or order services for	102046
medicaid recipients during the period of suspension. During the	102047
period of suspension, the provider, owner, officer, authorized	102048
agent, associate, manager, or employee shall not receive	102049
reimbursement in the form of direct payments from the department	102050
or indirect payments of medicaid funds in the form of salary,	102051
shared fees, contracts, kickbacks, or rebates from or through any	102052
participating provider or risk contractor.	102053

(D)(1) The department shall not suspend a provider agreement	102054
or terminate medicaid reimbursement under division (C) of this	102055
section if the provider or owner can demonstrate through the	102056
submission of written evidence that the provider or owner did not	102057
directly or indirectly sanction the action of its authorized	102058
agent, associate, manager, or employee that resulted in the	102059
indictment.	102060

(2) The termination of medicaid reimbursement applies only to	102061
payments for medicaid services rendered subsequent to the date on	102062
which the notice required under division (F) of this section is	102063
sent. Claims for reimbursement for medicaid services rendered by	102064
the provider prior to the issuance of the notice may be subject to	102065
prepayment review procedures whereby the department reviews claims	102066
to determine whether they are supported by sufficient	102067
documentation, are in compliance with state and federal statutes	102068
and rules, and are otherwise complete.	102069

(E)(1) In the case of a noninstitutional medicaid provider	102070
that is not an independent provider, the suspension of a provider	102071
agreement under division (C) of this section applies when an	102072
indictment charges a person with committing an act that would be a	102073
felony or misdemeanor under the laws of this state and the act	102074
relates to or results from either of the following:	102075

(a) Furnishing or billing for medical care, services, or	102076
supplies under the medicaid program;	102077

(b) Participating in the performance of management or	102078
administrative services relating to furnishing medical care,	102079
services, or supplies under the medicaid program.	102080

(2) In the case of a noninstitutional medicaid provider that	102081
is an independent provider, the suspension of a provider agreement	102082
under division (C) of this section applies when an indictment	102083
charges a person with committing an act that would constitute one	102084
of the offenses specified in division (D) of section 5111.034 of	102085
the Revised Code.	102086

(F) Not later than five days after suspending a provider	102087
agreement under division (C) of this section, the department shall	102088
send notice of the suspension to the affected provider or owner.	102089
In providing the notice, the department shall do all of the	102090
following:	102091

(1) Describe the indictment that was the cause of the	102092
suspension, without necessarily disclosing specific information	102093
concerning any ongoing civil or criminal investigation;	102094

(2) State that the suspension will continue in effect until	102095
the proceedings in the criminal case are completed through	102096
~~conviction,~~ dismissal of the indictment,or through conviction,	102097
entry of a guilty plea, or finding of not guilty and, if the	102098
department commences a process to terminate the suspended provider	102099
agreement, until the termination process is concluded;	102100

(3) Inform the provider or owner of the opportunity to submit	102101
to the department, not later than thirty days after receiving the	102102
notice, a request for a reconsideration pursuant to division (G)	102103
of this section.	102104

(G)(1) APursuant to the procedure specified in division	102105
(G)(2) of this section, a noninstitutional medicaid provider or	102106
owner subject to a suspension under this section may request a	102107
reconsideration. The request shall be made not later than thirty	102108
days after receipt of the notice provided under division (F) of	102109
this section. The reconsideration is not subject to an	102110
adjudication hearing pursuant to Chapter 119. of the Revised Code.	102111

(2) In requesting a reconsideration, the provider or owner	102112
shall submit written information and documents to the department.	102113
The information and documents may pertain to any of the following	102114
issues:	102115

(a) Whether the determination to suspend the provider	102116
agreement was based on a mistake of fact, other than the validity	102117
of the indictment;	102118

(b) Whether any offense charged in the indictment resulted	102119
from an offense specified in division (E) of this section;	102120

(c) Whether the provider or owner can demonstrate that the	102121
provider or owner did not directly or indirectly sanction the	102122
action of its authorized agent, associate, manager, or employee	102123
that resulted in the indictment.	102124

(3) The department shall review the information and documents	102125
submitted in a request for reconsideration. After the review, the	102126
suspension may be affirmed, reversed, or modified, in whole or in	102127
part. The department shall notify the affected provider or owner	102128
of the results of the review. The review and notification of its	102129
results shall be completed not later than forty-five days after	102130
receiving the information and documents submitted in a request for	102131
reconsideration.	102132

(H) The department may adopt rules in accordance with Chapter	102133
119. of the Revised Code to implement this section. The rules may	102134
specify circumstances under which the department would not suspend	102135
a provider agreement pursuant to this section.	102136

Sec. 5111.035. (A) As used in this section:

102137

(1) "Creditable allegation of fraud" has the same meaning as	102138
in 42 C.F.R. 455.2, except that for purposes of this section any	102139
reference in that regulation to the "state" or the "state medicaid	102140
agency" means the department of job and family services.	102141

(2) "Provider" has the same meaning as in section 5111.032 of	102142
the Revised Code.	102143

(3) "Owner" has the same meaning as in section 5111.031 of	102144
the Revised Code.	102145

(B)(1) Except as provided in division (C) of this section and	102146
in rules adopted by the department of job and family services	102147
under division (J) of this section, on determining there is a	102148
creditable allegation of fraud for which an investigation is	102149
pending under the medicaid program against a provider, the	102150
department shall suspend the provider agreement held by the	102151
provider. Subject to division (C) of this section, the department	102152
shall also terminate medicaid reimbursement to the provider for	102153
services rendered.	102154

(2)(a) The suspension shall continue in effect until either	102155
of the following is the case:	102156

(i) The department or a prosecuting authority determines that	102157
there is insufficient evidence of fraud by the provider;	102158

(ii) The proceedings in any related criminal case are	102159
completed through dismissal of the indictment or through	102160
conviction, entry of a guilty plea, or finding of not guilty.	102161

(b) If the department commences a process to terminate the	102162
suspended provider agreement, the suspension shall also continue	102163
in effect until the termination process is concluded.	102164

(3) Pursuant to section 5111.06 of the Revised Code, the	102165
department is not required to take action under division (B)(1) of	102166
this section by issuing an order pursuant to an adjudication in	102167
accordance with Chapter 119. of the Revised Code.	102168

(4) When subject to a suspension under this section, a	102169
provider, owner, officer, authorized agent, associate, manager, or	102170
employee shall not own or provide services to any other medicaid	102171
provider or risk contractor or arrange for, render, or order	102172
services to any other medicaid provider or risk contractor or	102173
arrange for, render, or order services for medicaid recipients	102174
during the period of suspension. During the period of suspension,	102175
the provider, owner, officer, authorized agent, associate,	102176
manager, or employee shall not receive reimbursement in the form	102177
of direct payments from the department or indirect payments of	102178
medicaid funds in the form of salary, shared fees, contracts,	102179
kickbacks, or rebates from or through any participating provider	102180
or risk contractor.	102181

(C) The department shall not suspend a provider agreement or	102182
terminate medicaid reimbursement under division (B) of this	102183
section if the provider or owner can demonstrate through the	102184
submission of written evidence that the provider or owner did not	102185
directly or indirectly sanction the action of its authorized	102186
agent, associate, manager, or employee that resulted in the	102187
creditable allegation of fraud.	102188

(D) The termination of medicaid reimbursement under division	102189
(B) of this section applies only to payments for medicaid services	102190
rendered subsequent to the date on which the notice required by	102191
division (E) of this section is sent. Claims for reimbursement of	102192
medicaid services rendered by the provider prior to the issuance	102193
of the notice may be subject to prepayment review procedures	102194
whereby the department reviews claims to determine whether they	102195
are supported by sufficient documentation, are in compliance with	102196
state and federal statutes and rules, and are otherwise complete.	102197

(E) After suspending a provider agreement under division (B)	102198
of this section, the department shall, as specified in 42 C.F.R.	102199
455.23(b), send notice of the suspension to the affected provider	102200
or owner in accordance with the following timeframes:	102201

(1) Not later than five days after the suspension, unless a	102202
law enforcement agency makes a written request to temporarily	102203
delay the notice;	102204

(2) If a law enforcement agency makes a written request to	102205
temporarily delay the notice, not later than thirty days after the	102206
suspension occurs subject to the conditions specified in division	102207
(F) of this section.	102208

(F) A written request for a temporary delay described in	102209
division (E)(2) of this section may be renewed in writing by a law	102210
enforcement agency not more than two times except that under no	102211
circumstances shall the notice be issued more than ninety days	102212
after the suspension occurs.	102213

(G) The notice required by division (E) of this section shall	102214
do all of the following:	102215

(1) State that payments are being suspended in accordance	102216
with this section and 42 C.F.R. 455.23;	102217

(2) Set forth the general allegations related to the nature	102218
of the conduct leading to the suspension, except that it is not	102219
necessary to disclose any specific information concerning an	102220
ongoing investigation;	102221

(3) State that the suspension continues to be in effect until	102222
either of the following is the case:	102223

(a) The department or a prosecuting authority determines that	102224
there is insufficient evidence of fraud by the provider;	102225

(b) The proceedings in any related criminal case are	102226
completed through dismissal of the indictment or through	102227
conviction, entry of a guilty plea, or finding of not guilty and,	102228
if the department commences a process to terminate the suspended	102229
provider agreement, until the termination process is concluded.	102230

(4) Specify, if applicable, the type or types of medicaid	102231
claims or business units of the provider that are affected by the	102232
suspension;	102233

(5) Inform the provider or owner of the opportunity to submit	102234
to the department, not later than thirty days after receiving the	102235
notice, a request for reconsideration of the suspension in	102236
accordance with division (H) of this section.	102237

(H)(1) Pursuant to the procedure specified in division (H)(2)	102238
of this section, a provider or owner subject to a suspension under	102239
this section may request a reconsideration of the suspension. The	102240
request shall be made not later than thirty days after receipt of	102241
a notice required by division (E) of this section. The	102242
reconsideration is not subject to an adjudication hearing pursuant	102243
to Chapter 119. of the Revised Code.	102244

(2) In requesting a reconsideration, the provider or owner	102245
shall submit written information and documents to the department.	102246
The information and documents may pertain to any of the following	102247
issues:	102248

(a) Whether the determination to suspend the provider	102249
agreement was based on a mistake of fact, other than the validity	102250
of an indictment in a related criminal case.	102251

(b) If there has been an indictment in a related criminal	102252
case, whether any offense charged in the indictment resulted from	102253
an offense specified in division (E) of section 5111.031 of the	102254
Revised Code.	102255

(c) Whether the provider or owner can demonstrate that the	102256
provider or owner did not directly or indirectly sanction the	102257
action of its authorized agent, associate, manager, or employee	102258
that resulted in the suspension under this section or an	102259
indictment in a related criminal case.	102260

(I) The department shall review the information and documents	102261
submitted in a request made under division (H) of this section for	102262
reconsideration of a suspension. After the review, the suspension	102263
may be affirmed, reversed, or modified, in whole or in part. The	102264
department shall notify the affected provider or owner of the	102265
results of the review. The review and notification of its results	102266
shall be completed not later than forty-five days after receiving	102267
the information and documents submitted in a request for	102268
reconsideration.	102269

(J) The department may adopt rules in accordance with Chapter	102270
119. of the Revised Code to implement this section. The rules may	102271
specify circumstances under which the department would not suspend	102272
a provider agreement pursuant to this section.	102273

Sec. 5111.051. The director of job and family services may	102274
submit a medicaid state plan amendment or request for a federal	102275
waiver to the United States secretary of health and human services	102276
as necessary to implement, at the director's discretion, a system	102277
under which payments for medical assistance provided under the	102278
medicaid program are made to an organization on behalf of the	102279
providers of the medical assistance. The system may not provide	102280
for an organization to receive an amount that exceeds, in	102281
aggregate, the amount the department would have paid directly to	102282
the providers if not for this section.	102283

Sec. 5111.052. (A) As used in this section, "electronic	102284
claims submission process" means any of the following:	102285

(1) Electronic interchange of data;

102286

(2) Direct entry of data through an internet-based mechanism	102287
implemented by the department of job and family services;	102288

(3) Any other process for the electronic submission of claims	102289
that is specified in rules adopted under this section.	102290

(B) Not later than January 1, 2013, and except as provided in	102291
division (C) of this section, each provider of services to	102292
medicaid recipients shall do both of the following:	102293

(1) Use only an electronic claims submission process to	102294
submit to the department of job and family services claims for	102295
medicaid reimbursement for services provided to medicaid	102296
recipients;	102297

(2) Arrange to receive medicaid reimbursement from the	102298
department by means of electronic funds transfer.	102299

(C) Division (B) of this section does not apply to any of the	102300
following:	102301

(1) A nursing facility, as defined in section 5111.20 of the	102302
Revised Code;	102303

(2) An intermediate care facility for the mentally retarded,	102304
as defined in section 5111.20 of the Revised Code;	102305

(3) A medicaid managed care organization under contract with	102306
the department pursuant to section 5111.17 of the Revised Code;	102307

(4) Any other provider or type of provider designated in	102308
rules adopted under this section.	102309

(D) The department shall not process a medicaid claim	102310
submitted on or after January 1, 2013, unless the claim is	102311
submitted through an electronic claims submission process in	102312
accordance with this section.	102313

(E) The director of job and family services may adopt rules	102314
in accordance with Chapter 119. of the Revised Code as the	102315
director considers necessary to implement this section.	102316

Sec. 5111.053. (A) As used in this section, "group practice"	102317
has the same meaning as in section 4731.65 of the Revised Code.	102318

(B) The department of job and family services shall establish	102319
a process by which a physician assistant may enter into a medicaid	102320
provider agreement.	102321

(C) Subject to division (D) of this section, a claim for	102322
reimbursement for a service provided by a physician assistant to a	102323
medicaid recipient may be submitted by either of the following:	102324

(1) The physician assistant who provided the service or	102325
another person the physician assistant designates to submit the	102326
claim on the physician assistant's behalf;	102327

(2) The physician, group practice, clinic, or other health	102328
care facility that employs or contracts with the physician	102329
assistant.	102330

(D) A claim for reimbursement may be submitted as described	102331
in division (C)(1) of this section only if the physician assistant	102332
has a valid medicaid provider agreement. When submitting the	102333
claim, the physician assistant or designated person shall use only	102334
the medicaid provider number the department has assigned to the	102335
physician assistant.	102336

Sec. 5111.054. (A) As used in this section:

102337

(1) "Federal financial participation" means the federal	102338
government's share of expenditures made by an entity in	102339
implementing the medicaid program.	102340

(2) "OCHSPS" means the private, not-for-profit corporation	102341
known as the Ohio children's hospital solutions for patient	102342
safety, which was formed for the purpose of improving pediatric	102343
patient care in this state, which performs functions that are	102344
included within the functions of a peer review committee as	102345
defined in section 2305.25 of the Revised Code, and which consists	102346
of all of the following members: Akron children's hospital,	102347
Cincinnati children's hospital medical center, Cleveland clinic	102348
children's hospital, Dayton children's medical center, mercy	102349
children's hospital, nationwide children's hospital, rainbow	102350
babies & children's hospital, and Toledo children's hospital.	102351

(B) If, as authorized by section 5101.10 of the Revised Code,	102352
the department of job and family services chooses to contract with	102353
a person to perform either or both of the following services, it	102354
may contract with any qualified person, including OCHSPS, to	102355
perform the service or services on the department's behalf:	102356

(1) Review and analyze claims for medical assistance made	102357
under this chapter to children in accordance with all state and	102358
federal laws governing the confidentiality of patient-identifying	102359
information;	102360

(2) Perform quality assurance and quality review functions,	102361
other than those described in division (B)(1) of this section,	102362
related to medical assistance made under this chapter to children.	102363

The functions specified in division (B)(2) of this section	102364
may include those recommended by the best evidence for advancing	102365
child health in Ohio now (BEACON) council.	102366

(C) If the department enters into a contract with OCHSPS for	102367
OCHSPS to perform either or both of the services described in	102368
division (B) of this section, OCHSPS shall, only for purposes of	102369
section 5101.11 of the Revised Code, be considered a public entity	102370
and the department shall seek federal financial participation for	102371
costs incurred by OCHSPS in performing the service or services.	102372

Sec. 5111.06. (A)(1) As used in this section and in sections	102373
5111.061 and ~~5111.062~~5111.063 of the Revised Code:	102374

(a) "Provider" means any person, institution, or entity that	102375
furnishes medicaid services under a provider agreement with the	102376
department of job and family services pursuant to Title XIX of the	102377
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	102378
amended.	102379

(b) "Party" has the same meaning as in division (G) of	102380
section 119.01 of the Revised Code.	102381

(c) "Adjudication" has the same meaning as in division (D) of	102382
section 119.01 of the Revised Code.	102383

(2) This section does not apply to any action taken by the	102384
department of job and family services under sections 5111.35 to	102385
5111.62 of the Revised Code.	102386

(B) Except as provided in division (D) of this section and	102387
section 5111.914 of the Revised Code, the department shall do	102388
either of the following by issuing an order pursuant to an	102389
adjudication conducted in accordance with Chapter 119. of the	102390
Revised Code:	102391

(1) Enter into or refuse to enter into a provider agreement	102392
with a provider, or suspend, terminate, renew, or refuse to renew	102393
an existing provider agreement with a provider;	102394

(2) Take any action based upon a final fiscal audit of a	102395
provider.	102396

(C) Any party who is adversely affected by the issuance of an	102397
adjudication order under division (B) of this section may appeal	102398
to the court of common pleas of Franklin county in accordance with	102399
section 119.12 of the Revised Code.	102400

(D) The department is not required to comply with division	102401
(B)(1) of this section whenever any of the following occur:	102402

(1) The terms of a provider agreement require the provider to	102403
hold a license, permit, or certificate or maintain a certification	102404
issued by an official, board, commission, department, division,	102405
bureau, or other agency of state or federal government other than	102406
the department of job and family services, and the license,	102407
permit, certificate, or certification has been denied, revoked,	102408
not renewed, suspended, or otherwise limited.	102409

(2) The terms of a provider agreement require the provider to	102410
hold a license, permit, or certificate or maintain certification	102411
issued by an official, board, commission, department, division,	102412
bureau, or other agency of state or federal government other than	102413
the department of job and family services, and the provider has	102414
not obtained the license, permit, certificate, or certification.	102415

(3) The provider agreement is denied, terminated, or not	102416
renewed due to the termination, refusal to renew, or denial of a	102417
license, permit, certificate, or certification by an official,	102418
board, commission, department, division, bureau, or other agency	102419
of this state other than the department of job and family	102420
services, notwithstanding the fact that the provider may hold a	102421
license, permit, certificate, or certification from an official,	102422
board, commission, department, division, bureau, or other agency	102423
of another state.	102424

(4) The provider agreement is denied, terminated, or not	102425
renewed pursuant to division (C) or (F) of section 5111.03 of the	102426
Revised Code.	102427

(5) The provider agreement is denied, terminated, or not	102428
renewed due to the provider's termination, suspension, or	102429
exclusion from the medicare program established under Title XVIII	102430
of the "Social Security Act," or from another state's medicaid	102431
program and, in either case, the termination, suspension, or	102432
exclusion is binding on the provider's participation in the	102433
medicaid program in this state.	102434

(6) The provider agreement is denied, terminated, or not	102435
renewed due to the provider's pleading guilty to or being	102436
convicted of a criminal activity materially related to either the	102437
medicare or medicaid program.	102438

(7) The provider agreement is denied, terminated, or	102439
suspended as a result of action by the United States department of	102440
health and human services and that action is binding on the	102441
provider's participation in the medicaid program.	102442

(8) ~~The~~Pursuant to either section 5111.031 or 5111.035 of	102443
the Revised Code, the provider agreement is suspended ~~pursuant to~~	102444
~~section 5111.031 of the Revised Code~~and payments to the provider	102445
are suspended pending indictment of the provider.	102446

(9) The provider agreement is denied, terminated, or not	102447
renewed because the provider or its owner, officer, authorized	102448
agent, associate, manager, or employee has been convicted of one	102449
of the offenses that caused the provider agreement to be suspended	102450
pursuant to section 5111.031 of the Revised Code.	102451

(10) The provider agreement is converted under section	102452
5111.028 of the Revised Code from a provider agreement that is not	102453
time-limited to a provider agreement that is time-limited.	102454

(11) The provider agreement is terminated or an application	102455
for re-enrollment is denied because the provider has failed to	102456
apply for re-enrollment within the time or in the manner specified	102457
for re-enrollment pursuant to section 5111.028 of the Revised	102458
Code.	102459

(12) The provider agreement is suspended or terminated, or an	102460
application for enrollment or re-enrollment is denied, for any	102461
reason authorized or required by one or more of the following: 42	102462
C.F.R. 455.106, 455.23, 455.416, 455.434, or 455.450.	102463

(13) The provider agreement is terminated or not renewed	102464
because the provider has not billed or otherwise submitted a	102465
medicaid claim to the department for two years or longer.	102466

~~(13)~~(14) The provider agreement is denied, terminated, or not	102467
renewed because the provider fails to provide to the department	102468
the national provider identifier assigned the provider by the	102469
national provider system pursuant to 45 C.F.R. 162.408.	102470

In the case of a provider described in division (D)~~(12)~~(13)	102471
or ~~(13)~~(14) of this section, the department may take its proposed	102472
action against a provider agreement by sending a notice explaining	102473
the proposed action to the provider. The notice shall be sent to	102474
the provider's address on record with the department. The notice	102475
may be sent by regular mail.	102476

(E) The department may withhold payments for services	102477
rendered by a medicaid provider under the medicaid program during	102478
the pendency of proceedings initiated under division (B)(1) of	102479
this section. If the proceedings are initiated under division	102480
(B)(2) of this section, the department may withhold payments only	102481
to the extent that they equal amounts determined in a final fiscal	102482
audit as being due the state. This division does not apply if the	102483
department fails to comply with section 119.07 of the Revised	102484
Code, requests a continuance of the hearing, or does not issue a	102485
decision within thirty days after the hearing is completed. This	102486
division does not apply to nursing facilities and intermediate	102487
care facilities for the mentally retarded as defined in section	102488
5111.20 of the Revised Code.	102489

Sec. 5111.063. For the purpose of raising funds necessary to	102490
pay the expenses of implementing the provider screening	102491
requirements of subpart E of 42 C.F.R. Part 455, the department of	102492
job and family services shall charge an application fee to a	102493
provider seeking to enter into or renew a medicaid provider	102494
agreement, unless the provider is exempt from paying the	102495
application fee under 42 C.F.R. 455.460(a). The application fees	102496
shall be deposited into the health care services administration	102497
fund created under section 5111.94 of the Revised Code.	102498

The director of job and family services shall adopt rules in	102499
accordance with Chapter 119. of the Revised Code as necessary to	102500
implement this section, including a rule establishing the amount	102501
of the application fee that is charged under this section. The	102502
amount of the application fee shall not be set at an amount that	102503
is more than necessary to pay for the expenses of implementing the	102504
provider screening requirements.	102505

Sec. 5111.086. As used in this section, "federal upper	102506
reimbursement limit" means the limit established pursuant to	102507
section 1927(e) of the "Social Security Act," 104 Stat. 1388-151	102508
(1990), 42 U.S.C. 1396r-8(e), as amended.	102509

The medicaid payment for a drug that is subject to a federal	102510
upper reimbursement limit shall not exceed, in the aggregate, the	102511
federal upper reimbursement limit for the drug. The director of	102512
job and family services shall adopt rules under section 5111.02 of	102513
the Revised Code as necessary to implement this section.	102514

Sec. 5111.113. (A) As used in this section:

102515

(1) "Adult care facility" has the same meaning as in section	102516
~~3722.01~~5119.70 of the Revised Code.	102517

(2) "Commissioner" means a person appointed by a probate	102518
court under division (B) of section 2113.03 of the Revised Code to	102519
act as a commissioner.	102520

(3) "Home" has the same meaning as in section 3721.10 of the	102521
Revised Code.	102522

(4) "Personal needs allowance account" means an account or	102523
petty cash fund that holds the money of a resident of an adult	102524
care facility or home and that the facility or home manages for	102525
the resident.	102526

(B) Except as provided in divisions (C) and (D) of this	102527
section, the owner or operator of an adult care facility or home	102528
shall transfer to the department of job and family services the	102529
money in the personal needs allowance account of a resident of the	102530
facility or home who was a recipient of the medical assistance	102531
program no earlier than sixty days but not later than ninety days	102532
after the resident dies. The adult care facility or home shall	102533
transfer the money even though the owner or operator of the	102534
facility or home has not been issued letters testamentary or	102535
letters of administration concerning the resident's estate.	102536

(C) If funeral or burial expenses for a resident of an adult	102537
care facility or home who has died have not been paid and the only	102538
resource the resident had that could be used to pay for the	102539
expenses is the money in the resident's personal needs allowance	102540
account, or all other resources of the resident are inadequate to	102541
pay the full cost of the expenses, the money in the resident's	102542
personal needs allowance account shall be used to pay for the	102543
expenses rather than being transferred to the department of job	102544
and family services pursuant to division (B) of this section.	102545

(D) If, not later than sixty days after a resident of an	102546
adult care facility or home dies, letters testamentary or letters	102547
of administration are issued, or an application for release from	102548
administration is filed under section 2113.03 of the Revised Code,	102549
concerning the resident's estate, the owner or operator of the	102550
facility or home shall transfer the money in the resident's	102551
personal needs allowance account to the administrator, executor,	102552
commissioner, or person who filed the application for release from	102553
administration.	102554

(E) The transfer or use of money in a resident's personal	102555
needs allowance account in accordance with division (B), (C), or	102556
(D) of this section discharges and releases the adult care	102557
facility or home, and the owner or operator of the facility or	102558
home, from any claim for the money from any source.	102559

(F) If, sixty-one or more days after a resident of an adult	102560
care facility or home dies, letters testamentary or letters of	102561
administration are issued, or an application for release from	102562
administration under section 2113.03 of the Revised Code is filed,	102563
concerning the resident's estate, the department of job and family	102564
services shall transfer the funds to the administrator, executor,	102565
commissioner, or person who filed the application, unless the	102566
department is entitled to recover the money under the medicaid	102567
estate recovery program instituted under section 5111.11 of the	102568
Revised Code.	102569

Sec. 5111.13. (A) As used in this section, "cost-effective"	102570
and "group health plan" have the same meanings as in section 1906	102571
of the "Social Security Act," 49104 Stat. ~~620 (1935)~~1388-161	102572
(1990), 42 U.S.C.A. 1396e, as amended, and any regulations adopted	102573
under that section.	102574

(B) The department of job and family services~~, pursuant to~~	102575
~~guidelines issued by~~may submit a medicaid state plan amendment to	102576
the United States secretary of health and human services~~, shall~~	102577
~~identify cases in which enrollment of an individual otherwise~~	102578
~~eligible for medical assistance under this chapter in a group~~	102579
~~health plan in which the individual is eligible to enroll and~~	102580
~~payment of the individual's premiums, deductibles, coinsurance,~~	102581
~~and other cost-sharing expenses is cost effective.~~	102582

~~The department shall require, as a condition of eligibility~~	102583
~~for medical assistance, individuals identified under this~~	102584
~~division, or in the case of a child, the child's parent, to apply~~	102585
~~for enrollment in the group health plan, except that the failure~~	102586
~~of a parent to enroll self or the parent's child in a group health~~	102587
~~plan does not affect the child's eligibility under the medical~~	102588
~~assistance program.~~	102589

~~The department shall pay enrollee premiums and deductibles,~~	102590
~~coinsurance, and other cost-sharing obligations for services and~~	102591
~~items otherwise covered under the medical assistance program. The~~	102592
~~department shall treat coverage under the group health plan in the~~	102593
~~same manner as any other third-party liability under the program.~~	102594
~~If not all members of a family are eligible for medical assistance~~	102595
~~and enrollment of the eligible members in a group health plan is~~	102596
~~not possible without also enrolling the members who are ineligible~~	102597
~~for medical assistance, the department shall pay the premiums for~~	102598
~~the ineligible members if the payments are cost effective. The~~	102599
~~department shall not pay deductibles, coinsurance, or other~~	102600
~~cost-sharing obligations of enrolled members who are not eligible~~	102601
~~for medical assistance.~~	102602

~~The department may make payments under this section to~~	102603
~~employers, insurers, or other entities. The department may make~~	102604
~~the payments without entering into a contract with employers,~~	102605
~~insurers, or other entities.~~	102606

~~(C) To the extent permitted by federal law and regulations,~~	102607
~~the department of job and family services shall coordinate the~~	102608
~~medical assistance program with group health plans in such a~~	102609
~~manner that the medical assistance program serves as a supplement~~	102610
~~to the group health plans. In its coordination efforts, the~~	102611
~~department shall consider cost-effectiveness and quality of care.~~	102612
~~The department may enter into agreements with group health plans~~	102613
~~as necessary to implement this division~~for the purpose of	102614
implementing a program pursuant to section 1906 of the "Social	102615
Security Act," 104 Stat. 1388-161 (1990), 42 U.S.C. 1396e, as	102616
amended, for the enrollment of medicaid-eligible individuals in	102617
group health plans when the department determines that enrollment	102618
is cost-effective.	102619

~~(D)~~(C) The director of job and family services ~~shall~~may	102620
adopt rules in accordance with Chapter 119. of the Revised Code as	102621
necessary to implement this section.	102622

Sec. 5111.14. The director of job and family services may	102623
submit to the United States secretary of health and human services	102624
an amendment to the medicaid state plan in order to implement	102625
within the medicaid program a system under which medicaid	102626
recipients with chronic conditions are provided with coordinated	102627
care through health homes, as authorized by section 1945 of the	102628
"Social Security Act," 124 Stat. 319 (2010), 42 U.S.C. 1396w-4.	102629

The director may adopt rules under section 5111.02 of the	102630
Revised Code to implement this section.	102631

~~Sec. 5111.14.~~ Sec. 5111.141. The department of job and family	102632
services may require county departments of job and family services	102633
to provide case management of nonemergency transportation services	102634
provided under the medical assistance program. County departments	102635
shall provide the case management if required by the department in	102636
accordance with rules adopted by the director of job and family	102637
services.	102638

The department shall determine, for the purposes of claiming	102639
federal reimbursement under the medical assistance program,	102640
whether it will claim expenditures for nonemergency transportation	102641
services as administrative or program expenditures.	102642

Sec. 5111.151. (A)(1) This section applies only to either of	102643
the following:	102644

(a) Initial eligibility determinations for ~~all cases~~	102645
~~involving medicaid provided pursuant to this chapter, qualified~~	102646
~~medicare beneficiaries, specified low-income medicare~~	102647
~~beneficiaries, qualifying individuals-1, qualifying individuals-2,~~	102648
~~and medical assistance for covered families and children~~the	102649
medicaid program made by the department of job and family services	102650
pursuant to section 5101.47 of the Revised Code or by a county	102651
department of job and family services pursuant to section 5111.012	102652
of the Revised Code;	102653

(b) An appeal from a determination described in division	102654
(A)(1)(a) of this section pursuant to section 5101.35 of the	102655
Revised Code.	102656

(2)(a) Except as provided in division (A)(2)(b) of this	102657
section, this section shall not be used by a court to determine	102658
the effect of a trust on an individual's initial eligibility for	102659
the medicaid program.	102660

(b) The prohibition in division (A)(2)(a) of this section	102661
does not apply to an appeal described in division (A)(1)(b) of	102662
this section.	102663

(B) As used in this section:

102664

(1) "Trust" means any arrangement in which a grantor	102665
transfers real or personal property to a trust with the intention	102666
that it be held, managed, or administered by at least one trustee	102667
for the benefit of the grantor or beneficiaries. "Trust" includes	102668
any legal instrument or device similar to a trust.	102669

(2) "Legal instrument or device similar to a trust" includes,	102670
but is not limited to, escrow accounts, investment accounts,	102671
partnerships, contracts, and other similar arrangements that are	102672
not called trusts under state law but are similar to a trust and	102673
to which all of the following apply:	102674

(a) The property in the trust is held, managed, retained, or	102675
administered by a trustee.	102676

(b) The trustee has an equitable, legal, or fiduciary duty to	102677
hold, manage, retain, or administer the property for the benefit	102678
of the beneficiary.	102679

(c) The trustee holds identifiable property for the	102680
beneficiary.	102681

(3) "Grantor" is a person who creates a trust, including all	102682
of the following:	102683

(a) An individual;

102684

(b) An individual's spouse;

102685

(c) A person, including a court or administrative body, with	102686
legal authority to act in place of or on behalf of an individual	102687
or an individual's spouse;	102688

(d) A person, including a court or administrative body, that	102689
acts at the direction or on request of an individual or the	102690
individual's spouse.	102691

(4) "Beneficiary" is a person or persons, including a	102692
grantor, who benefits in some way from a trust.	102693

(5) "Trustee" is a person who manages a trust's principal and	102694
income for the benefit of the beneficiaries.	102695

(6) "Person" has the same meaning as in section 1.59 of the	102696
Revised Code and includes an individual, corporation, business	102697
trust, estate, trust, partnership, and association.	102698

(7) "Applicant" is an individual who applies for medicaid or	102699
the individual's spouse.	102700

(8) "Recipient" is an individual who receives medicaid or the	102701
individual's spouse.	102702

(9) "Revocable trust" is a trust that can be revoked by the	102703
grantor or the beneficiary, including all of the following, even	102704
if the terms of the trust state that it is irrevocable:	102705

(a) A trust that provides that the trust can be terminated	102706
only by a court;	102707

(b) A trust that terminates on the happening of an event, but	102708
only if the event occurs at the direction or control of the	102709
grantor, beneficiary, or trustee.	102710

(10) "Irrevocable trust" is a trust that cannot be revoked by	102711
the grantor or terminated by a court and that terminates only on	102712
the occurrence of an event outside of the control or direction of	102713
the beneficiary or grantor.	102714

(11) "Payment" is any disbursal from the principal or income	102715
of the trust, including actual cash, noncash or property	102716
disbursements, or the right to use and occupy real property.	102717

(12) "Payments to or for the benefit of the applicant or	102718
recipient" is a payment to any person resulting in a direct or	102719
indirect benefit to the applicant or recipient.	102720

(13) "Testamentary trust" is a trust that is established by a	102721
will and does not take effect until after the death of the person	102722
who created the trust.	102723

(C)(1) If an applicant or recipient is a beneficiary of a	102724
trust, the county department of job and family services shall	102725
determine what type of trust it is and shall treat the trust in	102726
accordance with the appropriate provisions of this section and	102727
rules adopted by the department of job and family services	102728
governing trusts. The county department of job and family services	102729
may determine that the trust or portion of the trust ~~is one of the~~	102730
~~following~~:	102731

~~(1) A countable~~(a) Is a resource available to the applicant	102732
or recipient;	102733

~~(2) Countable~~(b) Contains income available to the applicant	102734
or recipient;	102735

~~(3) A countable resource and countable income~~(c) Constitutes	102736
both items described in divisions (C)(1)(a) and (b) of this	102737
section;	102738

~~(4) Not a countable resource or countable income~~(d) Is	102739
neither an item described in division (C)(1)(a) nor (C)(1)(b) of	102740
this section.	102741

(2) Except as provided in division (F) of this section, a	102742
trust or portion of a trust that is a resource available to the	102743
applicant or recipient or contains income available to the	102744
applicant or recipient shall be counted for purposes of	102745
determining medicaid eligibility.	102746

(D)(1) A trust or legal instrument or device similar to a	102747
trust shall be considered a medicaid qualifying trust if all of	102748
the following apply:	102749

(a) The trust was established on or prior to August 10, 1993.

102750

(b) The trust was not established by a will.

102751

102752

(d) The applicant or recipient is or may become the	102753
beneficiary of all or part of the trust.	102754

(e) Payment from the trust is determined by one or more	102755
trustees who are permitted to exercise any discretion with respect	102756
to the distribution to the applicant or recipient.	102757

(2) If a trust meets the requirement of division (D)(1) of	102758
this section, the amount of the trust that is considered by the	102759
county department of job and family services ~~as an available~~to be	102760
a resource available to the applicant or recipient shall be the	102761
maximum amount of payments permitted under the terms of the trust	102762
to be distributed to the applicant or recipient, assuming the full	102763
exercise of discretion by the trustee or trustees. The maximum	102764
amount shall include only amounts that are permitted to be	102765
distributed but are not distributed from either the income or	102766
principal of the trust.	102767

(3) Amounts that are actually distributed from a medicaid	102768
qualifying trust to a beneficiary for any purpose shall be treated	102769
in accordance with rules adopted by the department of job and	102770
family services governing income.	102771

(4) Availability of a medicaid qualifying trust shall be	102772
considered without regard to any of the following:	102773

(a) Whether or not the trust is irrevocable or was	102774
established for purposes other than to enable a grantor to qualify	102775
for medicaid, medical assistance for covered families and	102776
children, or as a qualified medicare beneficiary, specified	102777
low-income medicare beneficiary, qualifying individual-1, or	102778
qualifying individual-2;	102779

(b) Whether or not the trustee actually exercises discretion.

102780

(5) If any real or personal property is transferred to a	102781
medicaid qualifying trust that is not distributable to the	102782
applicant or recipient, the transfer shall be considered an	102783
improper disposition of assets and shall be subject to section	102784
5111.0116 of the Revised Code and rules to implement that section	102785
adopted under section 5111.011 of the Revised Code.	102786

(6) The baseline date for the look-back period for	102787
disposition of assets involving a medicaid qualifying trust shall	102788
be the date on which the applicant or recipient is both	102789
institutionalized and first applies for medicaid.	102790

(E)(1) A trust or legal instrument or device similar to a	102791
trust shall be considered a self-settled trust if all of the	102792
following apply:	102793

(a) The trust was established on or after August 11, 1993.

102794

(b) The trust was not established by a will.

102795

(c) The trust was established by an applicant or recipient,	102796
spouse of an applicant or recipient, or a person, including a	102797
court or administrative body, with legal authority to act in place	102798
of or on behalf of an applicant, recipient, or spouse, or acting	102799
at the direction or on request of an applicant, recipient, or	102800
spouse.	102801

(2) A trust that meets the requirements of division (E)(1) of	102802
this section and is a revocable trust shall be treated by the	102803
county department of job and family services as follows:	102804

(a) The corpus of the trust shall be considered a resource	102805
available to the applicant or recipient.	102806

(b) Payments from the trust to or for the benefit of the	102807
applicant or recipient shall be considered unearned income of the	102808
applicant or recipient.	102809

(c) Any other payments from the trust shall be considered an	102810
improper disposition of assets and shall be subject to section	102811
5111.0116 of the Revised Code and rules to implement that section	102812
adopted under section 5111.011 of the Revised Code.	102813

(3) A trust that meets the requirements of division (E)(1) of	102814
this section and is an irrevocable trust shall be treated by the	102815
county department of job and family services as follows:	102816

(a) If there are any circumstances under which payment from	102817
the trust could be made to or for the benefit of the applicant or	102818
recipient, including a payment that can be made only in the	102819
future, the portion from which payments could be made shall be	102820
considered a resource available to the applicant or recipient. The	102821
county department of job and family services shall not take into	102822
account when payments can be made.	102823

(b) Any payment that is actually made to or for the benefit	102824
of the applicant or recipient from either the corpus or income	102825
shall be considered unearned income.	102826

(c) If a payment is made to someone other than to the	102827
applicant or recipient and the payment is not for the benefit of	102828
the applicant or recipient, the payment shall be considered an	102829
improper disposition of assets and shall be subject to section	102830
5111.0116 of the Revised Code and rules to implement that section	102831
adopted under section 5111.011 of the Revised Code.	102832

(d) The date of the disposition shall be the later of the	102833
date of establishment of the trust or the date of the occurrence	102834
of the event.	102835

(e) When determining the value of the disposed asset under	102836
this provision, the value of the trust shall be its value on the	102837
date payment to the applicant or recipient was foreclosed.	102838

(f) Any income earned or other resources added subsequent to	102839
the foreclosure date shall be added to the total value of the	102840
trust.	102841

(g) Any payments to or for the benefit of the applicant or	102842
recipient after the foreclosure date but prior to the application	102843
date shall be subtracted from the total value. Any other payments	102844
shall not be subtracted from the value.	102845

(h) Any addition of assets after the foreclosure date shall	102846
be considered a separate disposition.	102847

(4) If a trust is funded with assets of another person or	102848
persons in addition to assets of the applicant or recipient, the	102849
applicable provisions of this section and rules adopted by the	102850
department of job and family services governing trusts shall apply	102851
only to the portion of the trust attributable to the applicant or	102852
recipient.	102853

(5) The availability of a self-settled trust shall be	102854
considered without regard to any of the following:	102855

(a) The purpose for which the trust is established;

102856

(b) Whether the trustees have exercised or may exercise	102857
discretion under the trust;	102858

(c) Any restrictions on when or whether distributions may be	102859
made from the trust;	102860

(d) Any restrictions on the use of distributions from the	102861
trust.	102862

(6) The baseline date for the look-back period for	102863
dispositions of assets involving a self-settled trust shall be the	102864
date on which the applicant or recipient is both institutionalized	102865
and first applies for medicaid.	102866

(F) The principal or income from any of the following shall	102867
~~be exempt from being counted as~~not be a resource ~~by a county~~	102868
~~department of job and family services~~available to the applicant	102869
or recipient:	102870

(1)(a) A special needs trust that meets all of the following	102871
requirements:	102872

(i) The trust contains assets of an applicant or recipient	102873
under sixty-five years of age and may contain the assets of other	102874
individuals.	102875

(ii) The applicant or recipient is disabled as defined in	102876
rules adopted by the department of job and family services.	102877

(iii) The trust is established for the benefit of the	102878
applicant or recipient by a parent, grandparent, legal guardian,	102879
or a court.	102880

(iv) The trust requires that on the death of the applicant or	102881
recipient the state will receive all amounts remaining in the	102882
trust up to an amount equal to the total amount of medicaid paid	102883
on behalf of the applicant or recipient.	102884

(b) If a special needs trust meets the requirements of	102885
division (F)(1)(a) of this section and has been established for a	102886
disabled applicant or recipient under sixty-five years of age, the	102887
exemption for the trust granted pursuant to division (F) of this	102888
section shall continue after the disabled applicant or recipient	102889
becomes sixty-five years of age if the applicant or recipient	102890
continues to be disabled as defined in rules adopted by the	102891
department of job and family services. Except for income earned by	102892
the trust, the grantor shall not add to or otherwise augment the	102893
trust after the applicant or recipient attains sixty-five years of	102894
age. An addition or augmentation of the trust by the applicant or	102895
recipient with the applicant's own assets after the applicant or	102896
recipient attains sixty-five years of age shall be treated as an	102897
improper disposition of assets.	102898

(c) Cash distributions to the applicant or recipient shall be	102899
counted as unearned income. All other distributions from the trust	102900
shall be treated as provided in rules adopted by the department of	102901
job and family services governing in-kind income.	102902

(d) Transfers of assets to a special needs trust shall not be	102903
treated as an improper transfer of resources. ~~Assets~~An Asset held	102904
prior to the transfer to the trust shall be considered as	102905
~~countable assets or countable~~a resource available to the	102906
applicant or recipient, income available to the applicant or	102907
recipient, or ~~countable assets~~both a resource and income	102908
available to the individual.	102909

(2)(a) A qualifying income trust that meets all of the	102910
following requirements:	102911

(i) The trust is composed only of pension, social security,	102912
and other income to the applicant or recipient, including	102913
accumulated interest in the trust.	102914

(ii) The income is received by the individual and the right	102915
to receive the income is not assigned or transferred to the trust.	102916

(iii) The trust requires that on the death of the applicant	102917
or recipient the state will receive all amounts remaining in the	102918
trust up to an amount equal to the total amount of medicaid paid	102919
on behalf of the applicant or recipient.	102920

(b) No resources shall be used to establish or augment the	102921
trust.	102922

(c) If an applicant or recipient has irrevocably transferred	102923
or assigned the applicant's or recipient's right to receive income	102924
to the trust, the trust shall not be considered a qualifying	102925
income trust by the county department of job and family services.	102926

(d) Income placed in a qualifying income trust shall not be	102927
counted in determining an applicant's or recipient's eligibility	102928
for medicaid. The recipient of the funds may place any income	102929
directly into a qualifying income trust without those funds	102930
adversely affecting the applicant's or recipient's eligibility for	102931
medicaid. Income generated by the trust that remains in the trust	102932
shall not be considered as income to the applicant or recipient.	102933

(e) All income placed in a qualifying income trust shall be	102934
combined with any ~~countable~~ income available to the individual	102935
that is not placed in the trust to arrive at a base income figure	102936
to be used for spend down calculations.	102937

(f) The base income figure shall be used for post-eligibility	102938
deductions, including personal needs allowance, monthly income	102939
allowance, family allowance, and medical expenses not subject to	102940
third party payment. Any income remaining shall be used toward	102941
payment of patient liability. Payments made from a qualifying	102942
income trust shall not be combined with the base income figure for	102943
post-eligibility calculations.	102944

(g) The base income figure shall be used when determining the	102945
spend down budget for the applicant or recipient. Any income	102946
remaining after allowable deductions are permitted as provided	102947
under rules adopted by the department of job and family services	102948
shall be considered the applicant's or recipient's spend down	102949
liability.	102950

(3)(a) A pooled trust that meets all of the following	102951
requirements:	102952

(i) The trust contains the assets of the applicant or	102953
recipient ~~of any~~under sixty-five years of age who is disabled as	102954
defined in rules adopted by the department of job and family	102955
services.	102956

(ii) The trust is established and managed by a nonprofit	102957
association.	102958

(iii) A separate account is maintained for each beneficiary	102959
of the trust but, for purposes of investment and management of	102960
funds, the trust pools the funds in these accounts.	102961

(iv) Accounts in the trust are established by the applicant	102962
or recipient, the applicant's or recipient's parent, grandparent,	102963
or legal guardian, or a court solely for the benefit of	102964
individuals who are disabled.	102965

(v) The trust requires that, to the extent that any amounts	102966
remaining in the beneficiary's account on the death of the	102967
beneficiary are not retained by the trust, the trust pay to the	102968
state the amounts remaining in the trust up to an amount equal to	102969
the total amount of medicaid paid on behalf of the beneficiary.	102970

(b) Cash distributions to the applicant or recipient shall be	102971
counted as unearned income. All other distributions from the trust	102972
shall be treated as provided in rules adopted by the department of	102973
job and family services governing in-kind income.	102974

(c) Transfers of assets to a pooled trust shall not be	102975
treated as an improper disposition of assets. ~~Assets~~An asset held	102976
prior to the transfer to the trust shall be considered as	102977
~~countable assets, countable~~a resource available to the applicant	102978
or recipient, income available to the applicant or recipient, or	102979
~~countable assets~~both a resource and income available to the	102980
applicant or recipient.	102981

(4) A supplemental services trust that meets the requirements	102982
of section 5815.28 of the Revised Code and to which all of the	102983
following apply:	102984

(a) A person may establish a supplemental services trust	102985
pursuant to section 5815.28 of the Revised Code only for another	102986
person who is eligible to receive services through one of the	102987
following agencies:	102988

(i) The department of developmental disabilities;

102989

(ii) A county board of developmental disabilities;

102990

(iii) The department of mental health;

102991

(iv) A board of alcohol, drug addiction, and mental health	102992
services.	102993

(b) A county department of job and family services shall not	102994
determine eligibility for another agency's program. An applicant	102995
or recipient shall do one of the following:	102996

(i) Provide documentation from one of the agencies listed in	102997
division (F)(4)(a) of this section that establishes that the	102998
applicant or recipient was determined to be eligible for services	102999
from the agency at the time of the creation of the trust;	103000

(ii) Provide an order from a court of competent jurisdiction	103001
that states that the applicant or recipient was eligible for	103002
services from one of the agencies listed in division (F)(4)(a) of	103003
this section at the time of the creation of the trust.	103004

(c) At the time the trust is created, the trust principal	103005
does not exceed the maximum amount permitted. The maximum amount	103006
permitted in calendar year 2006 is two hundred twenty-two thousand	103007
dollars. Each year thereafter, the maximum amount permitted is the	103008
prior year's amount plus two thousand dollars.	103009

(d) A county department of job and family services shall	103010
review the trust to determine whether it complies with the	103011
provisions of section 5815.28 of the Revised Code.	103012

(e) Payments from supplemental services trusts shall be	103013
exempt as long as the payments are for supplemental services as	103014
defined in rules adopted by the department of job and family	103015
services. All supplemental services shall be purchased by the	103016
trustee and shall not be purchased through direct cash payments to	103017
the beneficiary.	103018

(f) If a trust is represented as a supplemental services	103019
trust and a county department of job and family services	103020
determines that the trust does not meet the requirements provided	103021
in division (F)(4) of this section and section 5815.28 of the	103022
Revised Code, the county department of job and family services	103023
shall not consider it an exempt trust.	103024

(G)(1) A trust or legal instrument or device similar to a	103025
trust shall be considered a trust established by an individual for	103026
the benefit of the applicant or recipient if all of the following	103027
apply:	103028

(a) The trust is created by a person other than the applicant	103029
or recipient.	103030

(b) The trust names the applicant or recipient as a	103031
beneficiary.	103032

(c) The trust is funded with assets or property in which the	103033
applicant or recipient has never held an ownership interest prior	103034
to the establishment of the trust.	103035

(2) Any portion of a trust that meets the requirements of	103036
division (G)(1) of this section shall be ~~an available~~a resource	103037
available to the applicant or recipient only if the trust permits	103038
the trustee to expend principal, corpus, or assets of the trust	103039
for the applicant's or recipient's medical care, care, comfort,	103040
maintenance, health, welfare, general well being, or any	103041
combination of these purposes.	103042

(3) A trust that meets the requirements of division (G)(1) of	103043
this section shall be considered ~~an available~~a resource available	103044
to the applicant or recipient even if the trust contains any of	103045
the following types of provisions:	103046

(a) A provision that prohibits the trustee from making	103047
payments that would supplant or replace medicaid or other public	103048
assistance;	103049

(b) A provision that prohibits the trustee from making	103050
payments that would impact or have an effect on the applicant's or	103051
recipient's right, ability, or opportunity to receive medicaid or	103052
other public assistance;	103053

(c) A provision that attempts to prevent the trust or its	103054
corpus or principal from being ~~counted as an available~~a resource	103055
available to the applicant or recipient.	103056

(4) A trust that meets the requirements of division (G)(1) of	103057
this section shall not be counted as ~~an available~~a resource	103058
available to the applicant or recipient if at least one of the	103059
following circumstances applies:	103060

(a) If a trust contains a clear statement requiring the	103061
trustee to preserve a portion of the trust for another beneficiary	103062
or remainderman, that portion of the trust shall not be counted as	103063
~~an available~~a resource available to the applicant or recipient.	103064
Terms of a trust that grant discretion to preserve a portion of	103065
the trust shall not qualify as a clear statement requiring the	103066
trustee to preserve a portion of the trust.	103067

(b) If a trust contains a clear statement requiring the	103068
trustee to use a portion of the trust for a purpose other than	103069
medical care, care, comfort, maintenance, welfare, or general well	103070
being of the applicant or recipient, that portion of the trust	103071
shall not be counted as ~~an available~~a resource available to the	103072
applicant or recipient. Terms of a trust that grant discretion to	103073
limit the use of a portion of the trust shall not qualify as a	103074
clear statement requiring the trustee to use a portion of the	103075
trust for a particular purpose.	103076

(c) If a trust contains a clear statement limiting the	103077
trustee to making fixed periodic payments, the trust shall not be	103078
counted as ~~an available~~a resource available to the applicant or	103079
recipient and payments shall be treated in accordance with rules	103080
adopted by the department of job and family services governing	103081
income. Terms of a trust that grant discretion to limit payments	103082
shall not qualify as a clear statement requiring the trustee to	103083
make fixed periodic payments.	103084

(d) If a trust contains a clear statement that requires the	103085
trustee to terminate the trust if it is counted as ~~an available~~a	103086
resource available to the applicant or recipient, the trust shall	103087
not be counted as ~~an available resource~~such. Terms of a trust	103088
that grant discretion to terminate the trust do not qualify as a	103089
clear statement requiring the trustee to terminate the trust.	103090

(e) If a person obtains a judgment from a court of competent	103091
jurisdiction that expressly prevents the trustee from using part	103092
or all of the trust for the medical care, care, comfort,	103093
maintenance, welfare, or general well being of the applicant or	103094
recipient, the trust or that portion of the trust subject to the	103095
court order shall not be counted as a resource available to the	103096
applicant or recipient.	103097

(f) If a trust is specifically exempt from being counted as	103098
~~an available~~a resource available to the applicant or recipient by	103099
a provision of the Revised Code, rules, or federal law, the trust	103100
shall not be counted as ~~a resource~~such.	103101

(g) If an applicant or recipient presents a final judgment	103102
from a court demonstrating that the applicant or recipient was	103103
unsuccessful in a civil action against the trustee to compel	103104
payments from the trust, the trust shall not be counted as an	103105
~~available~~a resource available to the applicant or recipient.	103106

(h) If an applicant or recipient presents a final judgment	103107
from a court demonstrating that in a civil action against the	103108
trustee the applicant or recipient was only able to compel limited	103109
or periodic payments, the trust shall not be counted as an	103110
~~available~~a resource available to the applicant or recipient and	103111
payments shall be treated in accordance with rules adopted by the	103112
department of job and family services governing income.	103113

(i) If an applicant or recipient provides written	103114
documentation showing that the cost of a civil action brought to	103115
compel payments from the trust would be cost prohibitive, the	103116
trust shall not be counted as ~~an available~~a resource available to	103117
the applicant or recipient.	103118

(5) Any actual payments to the applicant or recipient from a	103119
trust that meet the requirements of division (G)(1) of this	103120
section, including trusts that are not counted as ~~an available~~a	103121
resource available to the applicant or recipient, shall be treated	103122
as provided in rules adopted by the department of job and family	103123
services governing income. Payments to any person other than the	103124
applicant or recipient shall not be considered income to the	103125
applicant or recipient. Payments from the trust to a person other	103126
than the applicant or recipient shall not be considered an	103127
improper disposition of assets.	103128

Sec. 5111.16. (A) As part of the medicaid program, the	103129
department of job and family services shall establish a care	103130
management system. The department shall submit, if necessary,	103131
applications to the United States department of health and human	103132
services for waivers of federal medicaid requirements that would	103133
otherwise be violated in the implementation of the system.	103134

(B) The department shall implement the care management system	103135
in some or all counties and shall designate the medicaid	103136
recipients who are required or permitted to participate in the	103137
system. In the department's implementation of the system and	103138
designation of participants, all of the following apply:	103139

(1) In the case of individuals who receive medicaid on the	103140
basis of being included in the category identified by the	103141
department as covered families and children, the department shall	103142
implement the care management system in all counties. All	103143
individuals included in the category shall be designated for	103144
participation, except for individuals included in one or more of	103145
the medicaid recipient groups specified in 42 C.F.R. 438.50(d).	103146
The department shall ensure that all participants are enrolled in	103147
health insuring corporations under contract with the department	103148
pursuant to section 5111.17 of the Revised Code.	103149

(2) In the case of individuals who receive medicaid on the	103150
basis of being aged, blind, or disabled, as specified in division	103151
(A)(2) of section 5111.01 of the Revised Code, the department	103152
shall implement the care management system in all counties. ~~All~~	103153
Except as provided in division (C) of this section, all	103154
individuals included in the category shall be designated for	103155
participation~~, except for the individuals specified in divisions~~	103156
~~(B)(2)(a) to (e) of this section~~. The department shall ensure that	103157
all participants are enrolled in health insuring corporations	103158
under contract with the department pursuant to section 5111.17 of	103159
the Revised Code.	103160

In(3) Alcohol, drug addiction, and mental health services	103161
covered by medicaid shall not be included in any component of the	103162
care management system when the nonfederal share of the cost of	103163
those services is provided by a board of alcohol, drug addiction,	103164
and mental health services or a state agency other than the	103165
department of job and family services, but the recipients of those	103166
services may otherwise be designated for participation in the	103167
system.	103168

(C)(1) In designating participants who receive medicaid on	103169
the basis of being aged, blind, or disabled, the department shall	103170
not include any of the following, except as provided under	103171
division (C)(2) of this section:	103172

(a) Individuals who are under twenty-one years of age;

103173

(b) Individuals who are institutionalized;

103174

(c) Individuals who become eligible for medicaid by spending	103175
down their income or resources to a level that meets the medicaid	103176
program's financial eligibility requirements;	103177

(d) Individuals who are dually eligible under the medicaid	103178
program and the medicare program established under Title XVIII of	103179
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as	103180
amended;	103181

(e) Individuals to the extent that they are receiving	103182
medicaid services through a medicaid waiver component, as defined	103183
in section 5111.85 of the Revised Code.	103184

~~(3) Alcohol, drug addiction, and mental health services~~	103185
~~covered by medicaid shall not be included in any component of the~~	103186
~~care management system when the nonfederal share of the cost of~~	103187
~~those services is provided by a board of alcohol, drug addiction,~~	103188
~~and mental health services or a state agency other than the~~	103189
~~department of job and family services, but the recipients of those~~	103190
~~services may otherwise be designated for participation in the~~	103191
~~system.~~	103192

~~(C)~~(2) If any necessary waiver of federal medicaid	103193
requirements is granted, the department may designate any of the	103194
following individuals who receive medicaid on the basis of being	103195
aged, blind, or disabled as individuals who are permitted or	103196
required to participate in the care management system:	103197

(a) Individuals who are under twenty-one years of age;

103198

(b) Individuals who reside in a nursing facility, as defined	103199
in section 5111.20 of the Revised Code;	103200

(c) Individuals who, as an alternative to receiving nursing	103201
facility services, are participating in a home and community-based	103202
services medicaid waiver component, as defined in section 5111.85	103203
of the Revised Code;	103204

(d) Individuals who are dually eligible under the medicaid	103205
program and the medicare program.	103206

(D) Subject to division (B) of this section, the department	103207
may do both of the following under the care management system:	103208

(1) Require or permit participants in the system to obtain	103209
health care services from providers designated by the department;	103210

(2) Require or permit participants in the system to obtain	103211
health care services through managed care organizations under	103212
contract with the department pursuant to section 5111.17 of the	103213
Revised Code.	103214

~~(D)~~(E)(1) The department shall prepare an annual report on	103215
the care management system. The report shall address the	103216
department's ability to implement the system, including all of the	103217
following components:	103218

(a) The required designation of participants included in the	103219
category identified by the department as covered families and	103220
children;	103221

(b) The required designation of participants included in the	103222
aged, blind, or disabled category of medicaid recipients;	103223

103224

(2) The department shall submit each annual report to the	103225
general assembly. The first report shall be submitted not later	103226
than October 1, 2007.	103227

~~(E)~~(F) The director of job and family services may adopt	103228
rules in accordance with Chapter 119. of the Revised Code to	103229
implement this section.	103230

Sec. 5111.161. (A) As used in this section:

103231

(1) "Children's care network" means all of the following:

103232

(a) A children's hospital;

103233

(b) A group of children's hospitals;

103234

(c) A group of pediatric physicians affiliated with a	103235
children's hospital or group of children's hospitals.	103236

(2) "Children's hospital" has the same meaning as in section	103237
2151.86 of the Revised Code.	103238

(B) This section applies if the department of job and family	103239
services includes in the care management system, pursuant to	103240
section 5111.16 of the Revised Code, individuals under twenty-one	103241
years of age included in the category of individuals who receive	103242
medicaid on the basis of being in the category of aged, blind, or	103243
disabled medicaid recipients, as specified in division (A)(2) of	103244
section 5111.01 of the Revised Code.	103245

(C) In order to meet the complex medical and behavioral needs	103246
of disabled children through new approaches to care coordination,	103247
and for the purpose of developing a system for the provision of	103248
care management services to the individuals specified in division	103249
(B) of this section, the department shall do both of the	103250
following:	103251

(1) Enter into a contract with a children's care network to	103252
serve as a pediatric accountable care organization in accordance	103253
with division (D) of this section;	103254

(2) Require that a managed care organization under contract	103255
with the department pursuant to section 5111.17 of the Revised	103256
Code enter into a subcontract with a children's care network to	103257
provide the care coordination services and to provide care	103258
management services if the network provides notification to the	103259
department in accordance with division (E) of this section. The	103260
organization shall ensure that contracts entered into are	103261
sufficient to provide the services in all counties served by the	103262
organization.	103263

(D) On determining that a children's care network seeking a	103264
contract to serve as a pediatric accountable care organization	103265
meets the criteria established in rules adopted under this	103266
section, the department shall contract directly with the	103267
children's care network to serve in that capacity. The	103268
department's determination of whether to enter into a contract	103269
with the children's care network shall be based on evidence or	103270
other documentation submitted by the children's care network, as	103271
required by the department in rules adopted under this section.	103272

A children's care network that is denied a contract may seek	103273
another contract to serve as a pediatric accountable care	103274
organization, but not earlier than six months after the most	103275
recent contract denial.	103276

(E) A children's care network seeking a subcontract with a	103277
managed care organization shall notify the department of its	103278
intention to provide the care coordination services or to provide	103279
care management services. The children's care network shall	103280
include in the notification an identification of the counties in	103281
which the network seeks to provide services. The children's care	103282
network may not identify any county as a county in which the	103283
network seeks to provide the services if the network is not	103284
located in that county.	103285

(F) The department shall adopt rules as necessary to	103286
implement this section. The rules shall be adopted in accordance	103287
with Chapter 119. of the Revised Code. In adopting the rules, the	103288
department shall specify the following:	103289

(1) The minimum criteria that a children's care network must	103290
meet to qualify for a contract with the department to serve as a	103291
pediatric accountable care organization, including criteria that	103292
incorporates the minimum criteria established by federal law	103293
regarding pediatric accountable care organizations;	103294

(2) The evidence or other documentation that a children's	103295
care network must submit to the department when seeking a contract	103296
to serve as an accountable care organization.	103297

(G) If the department does not adopt rules under division (F)	103298
of this section on or before July 1, 2012, the department shall	103299
specify that one of the following applies until the department	103300
adopts those rules:	103301

(1) Each managed care organization under contract with the	103302
department pursuant to section 5111.17 of the Revised Code shall	103303
subcontract with a children's care network to provide care	103304
coordination services for the individuals specified in division	103305
(B) of this section if the network provides notification to the	103306
department in accordance with division (E) of this section. The	103307
managed care organization shall pay the children's care network	103308
for providing the care coordination services an amount equal to	103309
the average cost to the managed care organization for providing	103310
case management services, plus an amount equal to the statewide	103311
average administrative percentage paid to managed care	103312
organizations as a component of their capitation payment that is	103313
associated with that service.	103314

(2) Each managed care organization under contract with the	103315
department pursuant to section 5111.17 of the Revised Code shall	103316
subcontract with a children's care network to provide care	103317
management services for the individuals specified in division (B)	103318
of this section if the network provides notification to the	103319
department in accordance with division (E) of this section.	103320

Sec. 5111.17. (A) The department of job and family services	103321
may enter into contracts with managed care organizations,	103322
including health insuring corporations, under which the	103323
organizations are authorized to provide, or arrange for the	103324
provision of, health care services to medical assistance	103325
recipients who are required or permitted to obtain health care	103326
services through managed care organizations as part of the care	103327
management system established under section 5111.16 of the Revised	103328
Code.	103329

(B) The department or its actuary shall base the hospital	103330
inpatient capital payment portion of the payment made to managed	103331
care organizations on data for services provided to all recipients	103332
enrolled in managed care organizations with which the department	103333
contracts, as reported by hospitals on relevant cost reports	103334
submitted pursuant to rules adopted under this section.	103335

(C) The director of job and family services may adopt rules	103336
in accordance with Chapter 119. of the Revised Code to implement	103337
this section.	103338

~~(C)~~(D) The department of job and family services shall allow	103339
a managed care ~~plans~~organization to use providers to render care	103340
upon completion of the managed care ~~plan's~~organization's	103341
credentialing process.	103342

Sec. 5111.172. (A) When contracting under section 5111.17 of	103343
the Revised Code with a managed care organization that is a health	103344
insuring corporation, the department of job and family services	103345
~~may~~shall require the health insuring corporation to provide	103346
coverage of prescription drugs for medicaid recipients enrolled in	103347
the health insuring corporation. In providing the required	103348
coverage, the health insuring corporation may, subject to the	103349
department's approval and the limitations specified in division	103350
(B) of this section, use strategies for the management of drug	103351
utilization.	103352

(B) The department shall not permit a health insuring	103353
corporation to impose a prior authorization requirement in the	103354
case of a drug to which all of the following apply:	103355

(1) The drug is an antidepressant or antipsychotic.

103356

(2) The drug is administered or dispensed in a standard	103357
tablet or capsule form, except that in the case of an	103358
antipsychotic, the drug also may be administered or dispensed in a	103359
long-acting injectable form.	103360

(3) The drug is prescribed by either of the following:

103361

(a) A physician whom the health insuring corporation,	103362
pursuant to division (C) of section 5111.17 of the Revised Code,	103363
has credentialed to provide care as a psychiatrist;	103364

(b) A psychiatrist practicing at a community mental health	103365
agency certified by the department of mental health under section	103366
5119.611 of the Revised Code.	103367

(4) The drug is prescribed for a use that is indicated on the	103368
drug's labeling, as approved by the federal food and drug	103369
administration.	103370

(C) As used in this division, "controlled substance" has the	103371
same meaning as in section 3719.01 of the Revised Code.	103372

IfThe department shall permit a health insuring corporation	103373
~~is required under this section to provide coverage of prescription~~	103374
~~drugs, the department shall permit the health insuring corporation~~	103375
to develop and implement a pharmacy utilization management program	103376
under which prior authorization through the program is established	103377
as a condition of obtaining a controlled substance pursuant to a	103378
prescription. The program may include processes for requiring	103379
medicaid recipients at high risk for fraud or abuse involving	103380
controlled substances to have their prescriptions for controlled	103381
substances filled by a pharmacy, medical provider, or health care	103382
facility designated by the program.	103383

Sec. 5111.1711. (A) The department of job and family	103384
services shall establish a managed care performance payment	103385
program. Under the program, the department may provide payments to	103386
managed care organizations under contract with the department	103387
pursuant to section 5111.17 of the Revised Code that meet	103388
performance standards established by the department.	103389

In establishing performance standards, the department shall	103390
use the most recent healthcare effectiveness data and information	103391
set and quality measurement tool established by the national	103392
committee for quality assurance.	103393

The standards that must be met to receive the payments may be	103394
specified in the contract the department enters into with a	103395
managed care organization.	103396

If a managed care organization meets the performance	103397
standards established by the department, the department shall make	103398
one or more performance payments to the organization. The number	103399
of payments and the schedule for making the payments shall be	103400
established by the department. The payments shall be discontinued	103401
if the department determines that the organization no longer meets	103402
the performance standards. The department shall not make or	103403
discontinue payments based on any performance standard that has	103404
been in effect as part of the organization's contract for less	103405
than six months.	103406

(B) For purposes of the program, the department shall	103407
establish an amount that is to be withheld each time a premium	103408
payment is made to a managed care organization. The amount shall	103409
be established as a percentage of each premium payment. The	103410
percentage shall be the same for all managed care organizations	103411
under contract with the department. The sum of all withholdings	103412
under this division shall not exceed one per cent of the total of	103413
all premium payments made to all managed care organizations under	103414
contract with the department.	103415

Each managed care organization shall agree to the withholding	103416
as a condition of receiving or maintaining its medicaid provider	103417
agreement with the department.	103418

When the amount is established and each time the amount is	103419
modified thereafter, the department shall certify the amount to	103420
the director of budget and management and begin withholding the	103421
amount from each premium the department pays to a managed care	103422
organization.	103423

(C) There is hereby created in the state treasury the managed	103424
care performance payment fund. The fund shall consist of amounts	103425
transferred to it by the director of budget and management for the	103426
purpose of the program. All investment earnings of the fund shall	103427
be credited to the fund. Amounts in the fund shall be used solely	103428
to make performance payments to managed care organizations in	103429
accordance with this section.	103430

(D) The department may adopt rules as necessary to implement	103431
this section. The rules shall be adopted in accordance with	103432
Chapter 119. of the Revised Code.	103433

Sec. 5111.20. As used in sections 5111.20 to ~~5111.34~~	103434
5111.331 of the Revised Code:	103435

(A) "Allowable costs" are those costs determined by the	103436
department of job and family services to be reasonable and do not	103437
include fines paid under sections 5111.35 to 5111.61 and section	103438
5111.99 of the Revised Code.	103439

(B) "Ancillary and support costs" means all reasonable costs	103440
incurred by a nursing facility other than direct care costs or	103441
capital costs. "Ancillary and support costs" includes, but is not	103442
limited to, costs of activities, social services, pharmacy	103443
consultants, habilitation supervisors, qualified mental	103444
retardation professionals, program directors, medical and	103445
habilitation records, program supplies, incontinence supplies,	103446
food, enterals, dietary supplies and personnel, laundry,	103447
housekeeping, security, administration, medical equipment,	103448
utilities, liability insurance, bookkeeping, purchasing	103449
department, human resources, communications, travel, dues, license	103450
fees, subscriptions, home office costs not otherwise allocated,	103451
legal services, accounting services, minor equipment, wheelchairs,	103452
resident transportation, maintenance and repairs, help-wanted	103453
advertising, informational advertising, start-up costs,	103454
organizational expenses, other interest, property insurance,	103455
employee training and staff development, employee benefits,	103456
payroll taxes, and workers' compensation premiums or costs for	103457
self-insurance claims and related costs as specified in rules	103458
adopted by the director of job and family services under section	103459
5111.02 of the Revised Code, for personnel listed in this	103460
division. "Ancillary and support costs" also means the cost of	103461
equipment, including vehicles, acquired by operating lease	103462
executed before December 1, 1992, if the costs are reported as	103463
administrative and general costs on the facility's cost report for	103464
the cost reporting period ending December 31, 1992.	103465

(C) "Capital costs" means costs of ownership and, in the case	103466
of an intermediate care facility for the mentally retarded, costs	103467
of nonextensive renovation.	103468

(1) "Cost of ownership" means the actual expense incurred for	103469
all of the following:	103470

(a) Depreciation and interest on any capital assets that cost	103471
five hundred dollars or more per item, including the following:	103472

(i) Buildings;

103473

(ii) Building improvements that are not approved as	103474
nonextensive renovations under section 5111.251 of the Revised	103475
Code;	103476

(iii) Except as provided in division (B) of this section,	103477
equipment;	103478

(iv) In the case of an intermediate care facility for the	103479
mentally retarded, extensive renovations;	103480

(v) Transportation equipment.

103481

(b) Amortization and interest on land improvements and	103482
leasehold improvements;	103483

103484

(d) Except as provided in division (K) of this section, lease	103485
and rent of land, building, and equipment.	103486

The costs of capital assets of less than five hundred dollars	103487
per item may be considered capital costs in accordance with a	103488
provider's practice.	103489

(2) "Costs of nonextensive renovation" means the actual	103490
expense incurred by an intermediate care facility for the mentally	103491
retarded for depreciation or amortization and interest on	103492
renovations that are not extensive renovations.	103493

(D) "Capital lease" and "operating lease" shall be construed	103494
in accordance with generally accepted accounting principles.	103495

(E) "Case-mix score" means the measure determined under	103496
section 5111.232 of the Revised Code of the relative direct-care	103497
resources needed to provide care and habilitation to a resident of	103498
a nursing facility or intermediate care facility for the mentally	103499
retarded.	103500

(F)(1) "Date of licensure," for a facility originally	103501
licensed as a nursing home under Chapter 3721. of the Revised	103502
Code, means the date specific beds were originally licensed as	103503
nursing home beds under that chapter, regardless of whether they	103504
were subsequently licensed as residential facility beds under	103505
section 5123.19 of the Revised Code. For a facility originally	103506
licensed as a residential facility under section 5123.19 of the	103507
Revised Code, "date of licensure" means the date specific beds	103508
were originally licensed as residential facility beds under that	103509
section.	103510

If nursing home beds licensed under Chapter 3721. of the	103511
Revised Code or residential facility beds licensed under section	103512
5123.19 of the Revised Code were not required by law to be	103513
licensed when they were originally used to provide nursing home or	103514
residential facility services, "date of licensure" means the date	103515
the beds first were used to provide nursing home or residential	103516
facility services, regardless of the date the present provider	103517
obtained licensure.	103518

If a facility adds nursing home beds or residential facility	103519
beds or extensively renovates all or part of the facility after	103520
its original date of licensure, it will have a different date of	103521
licensure for the additional beds or extensively renovated portion	103522
of the facility, unless the beds are added in a space that was	103523
constructed at the same time as the previously licensed beds but	103524
was not licensed under Chapter 3721. or section 5123.19 of the	103525
Revised Code at that time.	103526

(2) The definition of "date of licensure" in this section	103527
applies in determinations of the medicaid reimbursement rate for a	103528
nursing facility or intermediate care facility for the mentally	103529
retarded but does not apply in determinations of the franchise	103530
permit fee for a nursing facility or intermediate care facility	103531
for the mentally retarded.	103532

(G) "Desk-reviewed" means that costs as reported on a cost	103533
report submitted under section 5111.26 of the Revised Code have	103534
been subjected to a desk review under division (A) of section	103535
5111.27 of the Revised Code and preliminarily determined to be	103536
allowable costs.	103537

(H) "Direct care costs" means all of the following:

103538

(1)(a) Costs for registered nurses, licensed practical	103539
nurses, and nurse aides employed by the facility;	103540

(b) Costs for direct care staff, administrative nursing	103541
staff, medical directors, respiratory therapists, and except as	103542
provided in division (H)(2) of this section, other persons holding	103543
degrees qualifying them to provide therapy;	103544

103545

(d) Costs of quality assurance;

103546

(e) Costs of training and staff development, employee	103547
benefits, payroll taxes, and workers' compensation premiums or	103548
costs for self-insurance claims and related costs as specified in	103549
rules adopted by the director of job and family services in	103550
accordance with Chapter 119. of the Revised Code, for personnel	103551
listed in divisions (H)(1)(a), (b), and (d) of this section;	103552

(f) Costs of consulting and management fees related to direct	103553
care;	103554

(g) Allocated direct care home office costs.

103555

(2) In addition to the costs specified in division (H)(1) of	103556
this section, for nursing facilities only, direct care costs	103557
include costs of habilitation staff (other than habilitation	103558
supervisors), medical supplies, oxygen, over-the-counter pharmacy	103559
products, physical therapists, physical therapy assistants,	103560
occupational therapists, occupational therapy assistants, speech	103561
therapists, audiologists, habilitation supplies, and universal	103562
precautions supplies.	103563

(3) In addition to the costs specified in division (H)(1) of	103564
this section, for intermediate care facilities for the mentally	103565
retarded only, direct care costs include both of the following:	103566

(a) Costs for physical therapists and physical therapy	103567
assistants, occupational therapists and occupational therapy	103568
assistants, speech therapists, audiologists, habilitation staff	103569
(including habilitation supervisors), qualified mental retardation	103570
professionals, program directors, social services staff,	103571
activities staff, off-site day programming, psychologists and	103572
psychology assistants, and social workers and counselors;	103573

(b) Costs of training and staff development, employee	103574
benefits, payroll taxes, and workers' compensation premiums or	103575
costs for self-insurance claims and related costs as specified in	103576
rules adopted under section 5111.02 of the Revised Code, for	103577
personnel listed in division (H)(3)(a) of this section.	103578

(4) Costs of other direct-care resources that are specified	103579
as direct care costs in rules adopted under section 5111.02 of the	103580
Revised Code.	103581

(I) "Fiscal year" means the fiscal year of this state, as	103582
specified in section 9.34 of the Revised Code.	103583

(J) "Franchise permit fee" means the following:

103584

(1) In the context of nursing facilities, the fee imposed by	103585
sections 3721.50 to 3721.58 of the Revised Code;	103586

(2) In the context of intermediate care facilities for the	103587
mentally retarded, the fee imposed by sections 5112.30 to 5112.39	103588
of the Revised Code.	103589

(K) "Indirect care costs" means all reasonable costs incurred	103590
by an intermediate care facility for the mentally retarded other	103591
than direct care costs, other protected costs, or capital costs.	103592
"Indirect care costs" includes but is not limited to costs of	103593
habilitation supplies, pharmacy consultants, medical and	103594
habilitation records, program supplies, incontinence supplies,	103595
food, enterals, dietary supplies and personnel, laundry,	103596
housekeeping, security, administration, liability insurance,	103597
bookkeeping, purchasing department, human resources,	103598
communications, travel, dues, license fees, subscriptions, home	103599
office costs not otherwise allocated, legal services, accounting	103600
services, minor equipment, maintenance and repairs, help-wanted	103601
advertising, informational advertising, start-up costs,	103602
organizational expenses, other interest, property insurance,	103603
employee training and staff development, employee benefits,	103604
payroll taxes, and workers' compensation premiums or costs for	103605
self-insurance claims and related costs as specified in rules	103606
adopted under section 5111.02 of the Revised Code, for personnel	103607
listed in this division. Notwithstanding division (C)(1) of this	103608
section, "indirect care costs" also means the cost of equipment,	103609
including vehicles, acquired by operating lease executed before	103610
December 1, 1992, if the costs are reported as administrative and	103611
general costs on the facility's cost report for the cost reporting	103612
period ending December 31, 1992.	103613

(L) "Inpatient days" means all days during which a resident,	103614
regardless of payment source, occupies a bed in a nursing facility	103615
or intermediate care facility for the mentally retarded that is	103616
included in the facility's certified capacity under Title XIX.	103617
Therapeutic or hospital leave days for which payment is made under	103618
section 5111.33 or 5111.331 of the Revised Code are considered	103619
inpatient days proportionate to the percentage of the facility's	103620
per resident per day rate paid for those days.	103621

(M) "Intermediate care facility for the mentally retarded"	103622
means an intermediate care facility for the mentally retarded	103623
certified as in compliance with applicable standards for the	103624
medicaid program by the director of health in accordance with	103625
Title XIX.	103626

(N) "Maintenance and repair expenses" means, except as	103627
provided in division (BB)(2) of this section, expenditures that	103628
are necessary and proper to maintain an asset in a normally	103629
efficient working condition and that do not extend the useful life	103630
of the asset two years or more. "Maintenance and repair expenses"	103631
includes but is not limited to the cost of ordinary repairs such	103632
as painting and wallpapering.	103633

(O) "Medicaid days" means all days during which a resident	103634
who is a ~~Medicaid~~medicaid recipient eligible for nursing facility	103635
services occupies a bed in a nursing facility that is included in	103636
the nursing facility's certified capacity under Title XIX.	103637
Therapeutic or hospital leave days for which payment is made under	103638
section 5111.33 or 5111.331 of the Revised Code are considered	103639
~~Medicaid~~medicaid days proportionate to the percentage of the	103640
nursing facility's per resident per day rate paid for those days.	103641

(P) "Nursing facility" means a facility, or a distinct part	103642
of a facility, that is certified as a nursing facility by the	103643
director of health in accordance with Title XIX and is not an	103644
intermediate care facility for the mentally retarded. "Nursing	103645
facility" includes a facility, or a distinct part of a facility,	103646
that is certified as a nursing facility by the director of health	103647
in accordance with Title XIX and is certified as a skilled nursing	103648
facility by the director in accordance with Title XVIII.	103649

(Q) "Operator" means the person or government entity	103650
responsible for the daily operating and management decisions for a	103651
nursing facility or intermediate care facility for the mentally	103652
retarded.	103653

(R) "Other protected costs" means costs incurred by an	103654
intermediate care facility for the mentally retarded for medical	103655
supplies; real estate, franchise, and property taxes; natural gas,	103656
fuel oil, water, electricity, sewage, and refuse and hazardous	103657
medical waste collection; allocated other protected home office	103658
costs; and any additional costs defined as other protected costs	103659
in rules adopted under section 5111.02 of the Revised Code.	103660

(S)(1) "Owner" means any person or government entity that has	103661
at least five per cent ownership or interest, either directly,	103662
indirectly, or in any combination, in any of the following	103663
regarding a nursing facility or intermediate care facility for the	103664
mentally retarded:	103665

(a) The land on which the facility is located;

103666

(b) The structure in which the facility is located;

103667

(c) Any mortgage, contract for deed, or other obligation	103668
secured in whole or in part by the land or structure on or in	103669
which the facility is located;	103670

(d) Any lease or sublease of the land or structure on or in	103671
which the facility is located.	103672

(2) "Owner" does not mean a holder of a debenture or bond	103673
related to the nursing facility or intermediate care facility for	103674
the mentally retarded and purchased at public issue or a regulated	103675
lender that has made a loan related to the facility unless the	103676
holder or lender operates the facility directly or through a	103677
subsidiary.	103678

(T) "Patient" includes "resident."

103679

(U) Except as provided in divisions (U)(1) and (2) of this	103680
section, "per diem" means a nursing facility's or intermediate	103681
care facility for the mentally retarded's actual, allowable costs	103682
in a given cost center in a cost reporting period, divided by the	103683
facility's inpatient days for that cost reporting period.	103684

(1) When calculating indirect care costs for the purpose of	103685
establishing rates under section 5111.241 of the Revised Code,	103686
"per diem" means an intermediate care facility for the mentally	103687
retarded's actual, allowable indirect care costs in a cost	103688
reporting period divided by the greater of the facility's	103689
inpatient days for that period or the number of inpatient days the	103690
facility would have had during that period if its occupancy rate	103691
had been eighty-five per cent.	103692

(2) When calculating capital costs for the purpose of	103693
establishing rates under section 5111.251 of the Revised Code,	103694
"per diem" means a facility's actual, allowable capital costs in a	103695
cost reporting period divided by the greater of the facility's	103696
inpatient days for that period or the number of inpatient days the	103697
facility would have had during that period if its occupancy rate	103698
had been ninety-five per cent.	103699

(V) "Provider" means an operator with a provider agreement.

103700

(W) "Provider agreement" means a contract between the	103701
department of job and family services and the operator of a	103702
nursing facility or intermediate care facility for the mentally	103703
retarded for the provision of nursing facility services or	103704
intermediate care facility services for the mentally retarded	103705
under the medicaid program.	103706

(X) "Purchased nursing services" means services that are	103707
provided in a nursing facility by registered nurses, licensed	103708
practical nurses, or nurse aides who are not employees of the	103709
facility.	103710

(Y) "Reasonable" means that a cost is an actual cost that is	103711
appropriate and helpful to develop and maintain the operation of	103712
patient care facilities and activities, including normal standby	103713
costs, and that does not exceed what a prudent buyer pays for a	103714
given item or services. Reasonable costs may vary from provider to	103715
provider and from time to time for the same provider.	103716

(Z) "Related party" means an individual or organization that,	103717
to a significant extent, has common ownership with, is associated	103718
or affiliated with, has control of, or is controlled by, the	103719
provider.	103720

(1) An individual who is a relative of an owner is a related	103721
party.	103722

(2) Common ownership exists when an individual or individuals	103723
possess significant ownership or equity in both the provider and	103724
the other organization. Significant ownership or equity exists	103725
when an individual or individuals possess five per cent ownership	103726
or equity in both the provider and a supplier. Significant	103727
ownership or equity is presumed to exist when an individual or	103728
individuals possess ten per cent ownership or equity in both the	103729
provider and another organization from which the provider	103730
purchases or leases real property.	103731

(3) Control exists when an individual or organization has the	103732
power, directly or indirectly, to significantly influence or	103733
direct the actions or policies of an organization.	103734

(4) An individual or organization that supplies goods or	103735
services to a provider shall not be considered a related party if	103736
all of the following conditions are met:	103737

(a) The supplier is a separate bona fide organization.

103738

(b) A substantial part of the supplier's business activity of	103739
the type carried on with the provider is transacted with others	103740
than the provider and there is an open, competitive market for the	103741
types of goods or services the supplier furnishes.	103742

(c) The types of goods or services are commonly obtained by	103743
other nursing facilities or intermediate care facilities for the	103744
mentally retarded from outside organizations and are not a basic	103745
element of patient care ordinarily furnished directly to patients	103746
by the facilities.	103747

(d) The charge to the provider is in line with the charge for	103748
the goods or services in the open market and no more than the	103749
charge made under comparable circumstances to others by the	103750
supplier.	103751

(AA) "Relative of owner" means an individual who is related	103752
to an owner of a nursing facility or intermediate care facility	103753
for the mentally retarded by one of the following relationships:	103754

(1) Spouse;

103755

(2) Natural parent, child, or sibling;

103756

(3) Adopted parent, child, or sibling;

103757

(4) Stepparent, stepchild, stepbrother, or stepsister;

103758

(5) Father-in-law, mother-in-law, son-in-law,	103759
daughter-in-law, brother-in-law, or sister-in-law;	103760

(6) Grandparent or grandchild;

103761

(7) Foster caregiver, foster child, foster brother, or foster	103762
sister.	103763

(BB) "Renovation" and "extensive renovation" mean:

103764

(1) Any betterment, improvement, or restoration of an	103765
intermediate care facility for the mentally retarded started	103766
before July 1, 1993, that meets the definition of a renovation or	103767
extensive renovation established in rules adopted by the director	103768
of job and family services in effect on December 22, 1992.	103769

(2) In the case of betterments, improvements, and	103770
restorations of intermediate care facilities for the mentally	103771
retarded started on or after July 1, 1993:	103772

(a) "Renovation" means the betterment, improvement, or	103773
restoration of an intermediate care facility for the mentally	103774
retarded beyond its current functional capacity through a	103775
structural change that costs at least five hundred dollars per	103776
bed. A renovation may include betterment, improvement,	103777
restoration, or replacement of assets that are affixed to the	103778
building and have a useful life of at least five years. A	103779
renovation may include costs that otherwise would be considered	103780
maintenance and repair expenses if they are an integral part of	103781
the structural change that makes up the renovation project.	103782
"Renovation" does not mean construction of additional space for	103783
beds that will be added to a facility's licensed or certified	103784
capacity.	103785

(b) "Extensive renovation" means a renovation that costs more	103786
than sixty-five per cent and no more than eighty-five per cent of	103787
the cost of constructing a new bed and that extends the useful	103788
life of the assets for at least ten years.	103789

For the purposes of division (BB)(2) of this section, the	103790
cost of constructing a new bed shall be considered to be forty	103791
thousand dollars, adjusted for the estimated rate of inflation	103792
from January 1, 1993, to the end of the calendar year during which	103793
the renovation is completed, using the consumer price index for	103794
shelter costs for all urban consumers for the north central	103795
region, as published by the United States bureau of labor	103796
statistics.	103797

The department of job and family services may treat a	103798
renovation that costs more than eighty-five per cent of the cost	103799
of constructing new beds as an extensive renovation if the	103800
department determines that the renovation is more prudent than	103801
construction of new beds.	103802

(CC) "Title XIX" means Title XIX of the "Social Security	103803
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	103804

(DD) "Title XVIII" means Title XVIII of the "Social Security	103805
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	103806

Sec. 5111.21. (A) In order to be eligible for medicaid	103807
payments, the operator of a nursing facility or intermediate care	103808
facility for the mentally retarded shall do all of the following:	103809

(1) Enter into a provider agreement with the department as	103810
provided in section 5111.22, 5111.671, or 5111.672 of the Revised	103811
Code;	103812

(2) Apply for and maintain a valid license to operate if so	103813
required by law;	103814

(3) Subject to division (B) of this section, comply with all	103815
applicable state and federal laws and rules.	103816

(B) A state rule that requires the operator of an	103817
intermediate care facility for the mentally retarded to have	103818
received approval of a plan for the proposed facility pursuant to	103819
section 5123.042 of the Revised Code as a condition of the	103820
operator being eligible for medicaid payments for the facility	103821
does not apply if, under former section 5123.193 of the Revised	103822
Code as enacted by Am. Sub. H.B. 1 of the 128th general assembly	103823
or section 5123.197 of the Revised Code, a residential facility	103824
license was obtained or modified for the facility without	103825
obtaining approval of such a plan.	103826

(C)(1) Except as provided in division (C)(2) of this section,	103827
the operator of a nursing facility that elects to obtain and	103828
maintain eligibility for payments under the medicaid program shall	103829
qualify all of the facility's medicaid-certified beds in the	103830
medicare program established by Title XVIII. The director of job	103831
and family services may adopt rules under section 5111.02 of the	103832
Revised Code to establish the time frame in which a nursing	103833
facility must comply with this requirement.	103834

(2) The department of veterans services is not required to	103835
qualify all of the medicaid-certified beds in a nursing facility	103836
the agency maintains and operates under section 5907.01 of the	103837
Revised Code in the medicare program.	103838

Sec. 5111.211. (A) Except as provided in ~~division~~divisions	103839
(C) and (D) of this section, the department of developmental	103840
disabilities is responsible for the nonfederal share of claims	103841
submitted for services that are covered by the medicaid program	103842
and provided to an eligible medicaid recipient by an intermediate	103843
care facility for the mentally retarded if all of the following	103844
are the case:	103845

(1) The services are provided on or after July 1, 2003;

103846

(2) The facility receives initial certification by the	103847
director of health as an intermediate care facility for the	103848
mentally retarded on or after June 1, 2003;	103849

(3) The facility, or a portion of the facility, is licensed	103850
by the director of developmental disabilities as a residential	103851
facility under section 5123.19 of the Revised Code;	103852

(4) There is a valid provider agreement for the facility.

103853

(B) Each month, the department of job and family services	103854
shall invoice the department of developmental disabilities by	103855
interagency transfer voucher for the claims for which the	103856
department of developmental disabilities is responsible pursuant	103857
to this section.	103858

(C) Division (A) of this section does not apply to claims	103859
submitted for an intermediate care facility for the mentally	103860
retarded if, under former section 5123.193 of the Revised Code as	103861
enacted by Am. Sub. H.B. 1 of the 128th general assembly or	103862
section 5123.197 of the Revised Code, a residential facility	103863
license was obtained or modified for the facility without	103864
obtaining approval of a plan for the proposed residential facility	103865
pursuant to section 5123.042 of the Revised Code.	103866

(D) Beginning on the date the department of developmental	103867
disabilities assumes, under section 5111.226 of the Revised Code,	103868
the powers and duties of the department of job and family services	103869
regarding the medicaid program's coverage of services provided by	103870
intermediate care facilities for the mentally retarded, this	103871
section shall apply only to the extent, if any, provided in the	103872
contract required by that section.	103873

Sec. 5111.22. A provider agreement between the department of	103874
job and family services and the provider of a nursing facility or	103875
intermediate care facility for the mentally retarded shall contain	103876
the following provisions:	103877

(A) The department agrees to make payments to the provider,	103878
as provided in sections 5111.20 to ~~5111.33~~5111.331 of the Revised	103879
Code, for medicaid-covered services the facility provides to a	103880
resident of the facility who is a medicaid recipient. No payment	103881
shall be made for the day a medicaid recipient is discharged from	103882
the facility.	103883

(B) The provider agrees to:

103884

(1) Maintain eligibility as provided in section 5111.21 of	103885
the Revised Code;	103886

(2) Keep records relating to a cost reporting period for the	103887
greater of seven years after the cost report is filed or, if the	103888
department issues an audit report in accordance with division (B)	103889
of section 5111.27 of the Revised Code, six years after all appeal	103890
rights relating to the audit report are exhausted;	103891

(3) File reports as required by the department;

103892

(4) Open all records relating to the costs of its services	103893
for inspection and audit by the department;	103894

(5) Open its premises for inspection by the department, the	103895
department of health, and any other state or local authority	103896
having authority to inspect;	103897

(6) Supply to the department such information as it requires	103898
concerning the facility's services to residents who are or are	103899
eligible to be medicaid recipients;	103900

(7) Comply with section 5111.31 of the Revised Code.

103901

The provider agreement may contain other provisions that are	103902
consistent with law and considered necessary by the department.	103903

A provider agreement shall be effective for no longer than	103904
twelve months, except that if federal statute or regulations	103905
authorize a longer term, it may be effective for a longer term so	103906
authorized. A provider agreement may be renewed only if the	103907
facility is certified by the department of health for	103908
participation in the medicaid program.	103909

The department of job and family services, in accordance with	103910
rules adopted under section 5111.02 of the Revised Code, may elect	103911
not to enter into, not to renew, or to terminate a provider	103912
agreement when the department determines that such an agreement	103913
would not be in the best interests of medicaid recipients or of	103914
the state.	103915

Sec. 5111.221. The department of job and family services	103916
shall make its best efforts each year to calculate rates under	103917
sections 5111.20 to ~~5111.33~~5111.331 of the Revised Code in time	103918
to use them to make the payments due to providers by the fifteenth	103919
day of August. If the department is unable to calculate the rates	103920
so that they can be paid by that date, the department shall pay	103921
each provider the rate calculated for the provider's nursing	103922
facilities and intermediate care facilities for the mentally	103923
retarded under those sections at the end of the previous fiscal	103924
year. If the department also is unable to calculate the rates to	103925
make the payments due by the fifteenth day of September and the	103926
fifteenth day of October, the department shall pay the previous	103927
fiscal year's rate to make those payments. The department may	103928
increase by five per cent the previous fiscal year's rate paid for	103929
any facility pursuant to this section at the request of the	103930
provider. The department shall use rates calculated for the	103931
current fiscal year to make the payments due by the fifteenth day	103932
of November.	103933

If the rate paid to a provider for a facility pursuant to	103934
this section is lower than the rate calculated for the facility	103935
for the current fiscal year, the department shall pay the provider	103936
the difference between the two rates for the number of days for	103937
which the provider was paid for the facility pursuant to this	103938
section. If the rate paid for a facility pursuant to this section	103939
is higher than the rate calculated for it for the current fiscal	103940
year, the provider shall refund to the department the difference	103941
between the two rates for the number of days for which the	103942
provider was paid for the facility pursuant to this section.	103943

Sec. 5111.222. (A) Except as otherwise provided by sections	103944
5111.20 to ~~5111.33~~5111.331 of the Revised Code and by division	103945
(B) of this section, the payments that the department of job and	103946
family services shall agree to make to the provider of a nursing	103947
facility pursuant to a provider agreement shall equal the sum of	103948
all of the following:	103949

(1) The rate for direct care costs determined for the nursing	103950
facility under section 5111.231 of the Revised Code;	103951

(2) The rate for ancillary and support costs determined for	103952
the nursing facility's ancillary and support cost peer group under	103953
section 5111.24 of the Revised Code;	103954

(3) The rate for tax costs determined for the nursing	103955
facility under section 5111.242 of the Revised Code;	103956

(4) ~~The rate for franchise permit fees determined for the~~	103957
~~nursing facility under section 5111.243 of the Revised Code;~~	103958

~~(5)~~ The quality incentive payment, if any, paid to the	103959
nursing facility under section 5111.244 of the Revised Code;	103960

~~(6)~~(5) The ~~median~~ rate for capital costs determined for the	103961
~~nursing facilities in the~~ nursing facility's capital costs peer	103962
group ~~as determined~~ under section 5111.25 of the Revised Code.	103963

(B) The department shall adjust the rates otherwise	103964
determined under ~~divisions~~division (A)~~(1), (2), (3), and (6)~~ of	103965
this section as directed by the general assembly through the	103966
enactment of law governing medicaid payments to providers of	103967
nursing facilities, including any law that ~~does either of the~~	103968
~~following:~~	103969

~~(1) Establishes~~establishes factors by which the rates are to	103970
be adjusted;	103971

~~(2) Establishes a methodology for phasing in the rates~~	103972
~~determined for fiscal year 2006 under uncodified law the general~~	103973
~~assembly enacts to rates determined for subsequent fiscal years~~	103974
~~under sections 5111.20 to 5111.33 of the Revised Code~~.	103975

Sec. 5111.224. (A) Except as otherwise provided by sections	103976
5111.20 to 5111.331 of the Revised Code and by division (B) of	103977
this section, the payments that the department of job and family	103978
services shall agree to make to the provider of an intermediate	103979
care facility for the mentally retarded pursuant to a provider	103980
agreement shall equal the sum of all of the following:	103981

(1) The rate for direct care costs determined for the	103982
facility under section 5111.23 of the Revised Code;	103983

(2) The rate for other protected costs determined for the	103984
facility under section 5111.235 of the Revised Code;	103985

(3) The rate for indirect care costs determined for the	103986
facility under section 5111.241 of the Revised Code;	103987

(4) The rate for capital costs determined for the facility	103988
under section 5111.251 of the Revised Code.	103989

(B) The department shall adjust the total rate otherwise	103990
determined under division (A) of this section as directed by the	103991
general assembly through the enactment of law governing medicaid	103992
payments to providers of intermediate care facilities for the	103993
mentally retarded.	103994

Sec. 5111.225. (A) As used in this section:

103995

"Dual eligible individual" has the same meaning as in section	103996
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),	103997
42 U.S.C. 1396n(h)(2)(B).	103998

"Medicaid maximum allowable amount" means one hundred per	103999
cent of a nursing facility's per diem rate for a medicaid day.	104000

(B) The department of job and family services shall pay the	104001
provider of a nursing facility the lesser of the following for	104002
nursing facility services the nursing facility provides on or	104003
after January 1, 2012, to a dual eligible individual who is	104004
eligible for nursing facility services under the medicaid program	104005
and post-hospital extended care services under Part A of Title	104006
XVIII:	104007

(1) The coinsurance amount for the services as provided under	104008
Part A of Title XVIII;	104009

(2) The medicaid maximum allowable amount for the services,	104010
less the amount paid under Part A of Title XVIII for the services.	104011

Sec. 5111.226. Subject, if needed, to the approval of the	104012
United States secretary of health and human services, the	104013
department of job and family services shall enter into a contract	104014
with the department of developmental disabilities under section	104015
5111.91 of the Revised Code that provides for the department of	104016
developmental disabilities to assume the powers and duties of the	104017
department of job and family services with regard to the medicaid	104018
program's coverage of services provided by intermediate care	104019
facilities for the mentally retarded. The contract shall include a	104020
schedule for the assumption of the powers and duties. Except as	104021
otherwise authorized by the United States secretary of health and	104022
human services, no provision of the contract may violate a federal	104023
law or regulation governing the medicaid program. Once the	104024
contract goes into effect, all references to the department of job	104025
and family services, and all references to the director of job and	104026
family services, with regard to intermediate care facilities for	104027
the mentally retarded that are in law enacted by the general	104028
assembly shall be deemed to be references to the department of	104029
developmental disabilities and director of developmental	104030
disabilities, respectively, to the extent necessary to implement	104031
the terms of the contract.	104032

Sec. 5111.23. (A) The department of job and family services	104033
shall pay a provider for each of the provider's eligible	104034
intermediate care facilities for the mentally retarded a per	104035
resident per day rate for direct care costs established	104036
prospectively for each facility. The department shall establish	104037
each facility's rate for direct care costs quarterly.	104038

(B) Each facility's rate for direct care costs shall be based	104039
on the facility's cost per case-mix unit, subject to the maximum	104040
costs per case-mix unit established under division (B)(2) of this	104041
section, from the calendar year preceding the fiscal year in which	104042
the rate is paid. To determine the rate, the department shall do	104043
all of the following:	104044

(1) Determine each facility's cost per case-mix unit for the	104045
calendar year preceding the fiscal year in which the rate will be	104046
paid by dividing the facility's desk-reviewed, actual, allowable,	104047
per diem direct care costs for that year by its average case-mix	104048
score determined under section 5111.232 of the Revised Code for	104049
the same calendar year.	104050

(2)(a) Set the maximum cost per case-mix unit for each peer	104051
group of intermediate care facilities for the mentally retarded	104052
with more than eight beds specified in rules adopted under	104053
division ~~(E)~~(F) of this section at a percentage above the cost per	104054
case-mix unit of the facility in the group that has the group's	104055
median medicaid inpatient day for the calendar year preceding the	104056
fiscal year in which the rate will be paid, as calculated under	104057
division (B)(1) of this section, that is no less than the	104058
percentage calculated under division ~~(D)~~(E)(2) of this section.	104059

(b) Set the maximum cost per case-mix unit for each peer	104060
group of intermediate care facilities for the mentally retarded	104061
with eight or fewer beds specified in rules adopted under division	104062
~~(E)~~(F) of this section at a percentage above the cost per case-mix	104063
unit of the facility in the group that has the group's median	104064
medicaid inpatient day for the calendar year preceding the fiscal	104065
year in which the rate will be paid, as calculated under division	104066
(B)(1) of this section, that is no less than the percentage	104067
calculated under division ~~(D)~~(E)(3) of this section.	104068

(c) In calculating the maximum cost per case-mix unit under	104069
divisions (B)(2)(a) toand (b) of this section for each peer	104070
group, the department shall exclude from its calculations the cost	104071
per case-mix unit of any facility in the group that participated	104072
in the medicaid program under the same operator for less than	104073
twelve months during the calendar year preceding the fiscal year	104074
in which the rate will be paid.	104075

(3) Estimate the rate of inflation for the eighteen-month	104076
period beginning on the first day of July of the calendar year	104077
preceding the fiscal year in which the rate will be paid and	104078
ending on the thirty-first day of December of the fiscal year in	104079
which the rate will be paid, using the ~~employment cost~~ index ~~for~~	104080
~~total compensation, health services component, published by the~~	104081
~~United States bureau of labor statistics~~specified in division (C)	104082
of this section. If the estimated inflation rate for the	104083
eighteen-month period is different from the actual inflation rate	104084
for that period, as measured using the same index, the difference	104085
shall be added to or subtracted from the inflation rate estimated	104086
under division (B)(3) of this section for the following fiscal	104087
year.	104088

(4) The department shall not recalculate a maximum cost per	104089
case-mix unit under division (B)(2) of this section or a	104090
percentage under division ~~(D)~~(E) of this section based on	104091
additional information that it receives after the maximum costs	104092
per case-mix unit or percentages are set. The department shall	104093
recalculate a maximum cost per case-mix units or percentage only	104094
if it made an error in computing the maximum cost per case-mix	104095
unit or percentage based on information available at the time of	104096
the original calculation.	104097

(C) The department shall use the following index for the	104098
purpose of division (B)(3) of this section:	104099

(1) The employment cost index for total compensation, health	104100
services component, published by the United States bureau of labor	104101
statistics;	104102

(2) If the United States bureau of labor statistics ceases to	104103
publish the index specified in division (C)(1) of this section,	104104
the index that is subsequently published by the bureau and covers	104105
nursing facilities' staff costs.	104106

(D) Each facility's rate for direct care costs shall be	104107
determined as follows for each calendar quarter within a fiscal	104108
year:	104109

(1) Multiply the lesser of the following by the facility's	104110
average case-mix score determined under section 5111.232 of the	104111
Revised Code for the calendar quarter that preceded the	104112
immediately preceding calendar quarter:	104113

(a) The facility's cost per case-mix unit for the calendar	104114
year preceding the fiscal year in which the rate will be paid, as	104115
determined under division (B)(1) of this section;	104116

(b) The maximum cost per case-mix unit established for the	104117
fiscal year in which the rate will be paid for the facility's peer	104118
group under division (B)(2) of this section;	104119

(2) Adjust the product determined under division ~~(C)~~(D)(1) of	104120
this section by the inflation rate estimated under division (B)(3)	104121
of this section.	104122

~~(D)~~(E)(1) The department shall calculate the percentage above	104123
the median cost per case-mix unit determined under division (B)(1)	104124
of this section for the facility that has the median medicaid	104125
inpatient day for calendar year 1992 for all intermediate care	104126
facilities for the mentally retarded with more than eight beds	104127
that would result in payment of all desk-reviewed, actual,	104128
allowable direct care costs for eighty and one-half per cent of	104129
the medicaid inpatient days for such facilities for calendar year	104130
1992.	104131

(2) The department shall calculate the percentage above the	104132
median cost per case-mix unit determined under division (B)(1) of	104133
this section for the facility that has the median medicaid	104134
inpatient day for calendar year 1992 for all intermediate care	104135
facilities for the mentally retarded with eight or fewer beds that	104136
would result in payment of all desk-reviewed, actual, allowable	104137
direct care costs for eighty and one-half per cent of the medicaid	104138
inpatient days for such facilities for calendar year 1992.	104139

~~(E)~~(F) The director of job and family services shall adopt	104140
rules under section 5111.02 of the Revised Code that specify peer	104141
groups of intermediate care facilities for the mentally retarded	104142
with more than eight beds and intermediate care facilities for the	104143
mentally retarded with eight or fewer beds, based on findings of	104144
significant per diem direct care cost differences due to geography	104145
and facility bed-size. The rules also may specify peer groups	104146
based on findings of significant per diem direct care cost	104147
differences due to other factors which may include case-mix.	104148

~~(F)~~(G) The department, in accordance with division (D) of	104149
section 5111.232 of the Revised Code and rules adopted under	104150
division ~~(E)~~(F) of that section, may assign case-mix scores or	104151
costs per case-mix unit if a provider fails to submit assessment	104152
data necessary to calculate an intermediate care facility for the	104153
mentally retarded's case-mix score in accordance with that	104154
section.	104155

Sec. 5111.231. (A) As used in this section~~, "applicable~~:

104156

(1) "Applicable calendar year" means the following:

104157

~~(1)~~(a) For the purpose of the department of job and family	104158
services' initial determination under division (D) of this section	104159
of each peer group's cost per case-mix unit, calendar year 2003;	104160

~~(2)~~(b) For the purpose of the department's ~~subsequent~~	104161
~~determinations under division (D) of this section of each peer~~	104162
~~group's cost per case-mix unit~~rebasings, the calendar year the	104163
department selects.	104164

(2) "Rebasing" means a redetermination under division (D) of	104165
this section of each peer groups' cost per case-mix unit using	104166
information from cost reports for an applicable calendar year that	104167
is later than the applicable calendar year used for the previous	104168
determination of such costs.	104169

(B) The department of job and family services shall pay a	104170
provider for each of the provider's eligible nursing facilities a	104171
per resident per day rate for direct care costs determined	104172
semiannually by multiplying the cost per case-mix unit determined	104173
under division (D) of this section for the facility's peer group	104174
by the facility's semiannual case-mix score determined under	104175
section 5111.232 of the Revised Code.	104176

(C) For the purpose of determining nursing facilities' rate	104177
for direct care costs, the department shall establish three peer	104178
groups.	104179

Each nursing facility located in any of the following	104180
counties shall be placed in peer group one: Brown, Butler,	104181
Clermont, Clinton, Hamilton, and Warren.	104182

Each nursing facility located in any of the following	104183
counties shall be placed in peer group two: Ashtabula, Champaign,	104184
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,	104185
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain,	104186
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,	104187
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union,	104188
and Wood.	104189

Each nursing facility located in any of the following	104190
counties shall be placed in peer group three: Adams, Allen,	104191
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	104192
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	104193
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	104194
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	104195
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	104196
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	104197
Washington, Wayne, Williams, and Wyandot.	104198

(D)(1) ~~At least once every ten years, the~~The department	104199
shall determine a cost per case-mix unit for each peer group	104200
established under division (C) of this section. AThe department	104201
is not required to conduct a rebasing more than once every ten	104202
years. Except as necessary to implement the amendments made by	104203
this act to this section, the cost per case-mix unit determined	104204
under this division for a peer group shall be used for subsequent	104205
years until the department ~~redetermines it~~conducts a rebasing.	104206
To determine a peer group's cost per case-mix unit, the department	104207
shall do all of the following:	104208

(a) Determine the cost per case-mix unit for each nursing	104209
facility in the peer group for the applicable calendar year by	104210
dividing each facility's desk-reviewed, actual, allowable, per	104211
diem direct care costs for the applicable calendar year by the	104212
facility's annual average case-mix score determined under section	104213
5111.232 of the Revised Code for the applicable calendar year.;	104214

(b) Subject to division (D)(2) of this section, identify	104215
which nursing facility in the peer group is at the twenty-fifth	104216
percentile of the cost per case-mix units determined under	104217
division (D)(1)(a) of this section.;	104218

(c) ~~Calculate the amount that is seven per cent above the~~	104219
~~cost per case-mix unit determined under division (D)(1)(a) of this~~	104220
~~section for the nursing facility identified under division~~	104221
~~(D)(1)(b) of this section.~~	104222

~~(d) Multiply the amount calculated under division (D)(1)(c)~~	104223
~~of this section by~~Using the index specified in division (D)(3) of	104224
this section, multiply the rate of inflation for the	104225
eighteen-month period beginning on the first day of July of the	104226
applicable calendar year and ending the last day of December of	104227
the calendar year immediately following the applicable calendar	104228
year ~~using the following:~~	104229

~~(i) In the case of the initial calculation made under~~	104230
~~division (D)(1)(d) of this section, the employment cost index for~~	104231
~~total compensation, health services component, published by the~~	104232
~~United States bureau of labor statistics, as the index existed on~~	104233
~~July 1, 2005;~~	104234

~~(ii) In the case of subsequent calculations made under~~	104235
~~division (D)(1)(d) of this section and except as provided in~~	104236
~~division (D)(1)(d)(iii) of this section, the employment cost index~~	104237
~~for total compensation, nursing and residential care facilities~~	104238
~~occupational group, published by the United States bureau of labor~~	104239
~~statistics;~~	104240

~~(iii) If the United States bureau of labor statistics ceases~~	104241
~~to publish the index specified in division (D)(1)(d)(ii) of this~~	104242
~~section, the index the bureau subsequently publishes that covers~~	104243
~~nursing facilities' staff costs~~by the cost per case-mix unit	104244
determined under division (D)(1)(a) of this section for the	104245
nursing facility identified under division (D)(1)(b) of this	104246
section;	104247

(d) Until the first rebasing occurs, add one dollar and	104248
eighty-eight cents to the amount calculated under division	104249
(D)(1)(c) of this section.	104250

(2) In making the identification under division (D)(1)(b) of	104251
this section, the department shall exclude both of the following:	104252

(a) Nursing facilities that participated in the medicaid	104253
program under the same provider for less than twelve months in the	104254
applicable calendar year;	104255

(b) Nursing facilities whose cost per case-mix unit is more	104256
than one standard deviation from the mean cost per case-mix unit	104257
for all nursing facilities in the nursing facility's peer group	104258
for the applicable calendar year.	104259

(3) The following index shall be used for the purpose of the	104260
calculation made under division (D)(1)(c) of this section:	104261

(a) Until the first rebasing occurs, the employment cost	104262
index for total compensation, health services component, published	104263
by the United States bureau of labor statistics, as the index	104264
existed on July 1, 2005;	104265

(b) Effective with the first rebasing and except as provided	104266
in division (D)(3)(c) of this section, the employment cost index	104267
for total compensation, nursing and residential care facilities	104268
occupational group, published by the United States bureau of labor	104269
statistics;	104270

(c) If the United States bureau of labor statistics ceases to	104271
publish the index specified in division (D)(3)(b) of this section,	104272
the index the bureau subsequently publishes that covers nursing	104273
facilities' staff costs.	104274

(4) The department shall not redetermine a peer group's cost	104275
per case-mix unit under this division based on additional	104276
information that it receives after the peer group's per case-mix	104277
unit is determined. The department shall redetermine a peer	104278
group's cost per case-mix unit only if it made an error in	104279
determining the peer group's cost per case-mix unit based on	104280
information available to the department at the time of the	104281
original determination.	104282

Sec. 5111.232. (A)(1) The department of job and family	104283
services shall determine semiannual and annual average case-mix	104284
scores for nursing facilities by using all of the following:	104285

(a) Data from a resident assessment instrument specified in	104286
rules adopted under section 5111.02 of the Revised Code pursuant	104287
to section 1919(e)(5) of the "Social Security Act," 49 Stat. 620	104288
(1935), 42 U.S.C.A. 1396r(e)(5), as amended, for the following	104289
residents:	104290

(i) When determining semiannual case-mix scores, each	104291
resident who is a medicaid recipient;	104292

(ii) When determining annual average case-mix scores, each	104293
resident regardless of payment source.	104294

(b) Except as provided in rules authorized by divisions	104295
(A)(2)(a) and (b) of this section, the case-mix values established	104296
by the United States department of health and human services;	104297

(c) Except as modified in rules authorized by division	104298
(A)(2)(c) of this section, the grouper methodology used on June	104299
30, 1999, by the United States department of health and human	104300
services for prospective payment of skilled nursing facilities	104301
under the medicare program established by Title XVIII.	104302

(2) The director of job and family services may adopt rules	104303
under section 5111.02 of the Revised Code that do any of the	104304
following:	104305

(a) Adjust the case-mix values specified in division	104306
(A)(1)(b) of this section to reflect changes in relative wage	104307
differentials that are specific to this state;	104308

(b) Express all of those case-mix values in numeric terms	104309
that are different from the terms specified by the United States	104310
department of health and human services but that do not alter the	104311
relationship of the case-mix values to one another;	104312

(c) Modify the grouper methodology specified in division	104313
(A)(1)(c) of this section as follows:	104314

(i) Establish a different hierarchy for assigning residents	104315
to case-mix categories under the methodology;	104316

(ii) Prohibit the use of the index maximizer element of the	104317
methodology;	104318

(iii) Incorporate changes to the methodology the United	104319
States department of health and human services makes after June	104320
30, 1999;	104321

(iv) Make other changes the department determines are	104322
necessary.	104323

(B) The department shall determine case-mix scores for	104324
intermediate care facilities for the mentally retarded using data	104325
for each resident, regardless of payment source, from a resident	104326
assessment instrument and grouper methodology prescribed in rules	104327
adopted under section 5111.02 of the Revised Code and expressed in	104328
case-mix values established by the department in those rules.	104329

(C) Each calendar quarter, each provider shall compile	104330
complete assessment data, from the resident assessment instrument	104331
specified in rules authorized by division (A) or (B) of this	104332
section, for each resident of each of the provider's facilities,	104333
regardless of payment source, who was in the facility or on	104334
hospital or therapeutic leave from the facility on the last day of	104335
the quarter. Providers of a nursing facility shall submit the data	104336
to the department of health and, if required by rules, the	104337
department of job and family services. Providers of an	104338
intermediate care facility for the mentally retarded shall submit	104339
the data to the department of job and family services. The data	104340
shall be submitted not later than fifteen days after the end of	104341
the calendar quarter for which the data is compiled.	104342

Except as provided in division (D) of this section, the	104343
department, every six months and after the end of each calendar	104344
year, shall calculate a semiannual and annual average case-mix	104345
score for each nursing facility using the facility's quarterly	104346
case-mix scores for that six-month period or calendar year. Also	104347
except as provided in division (D) of this section, the	104348
department, after the end of each calendar year, shall calculate	104349
an annual average case-mix score for each intermediate care	104350
facility for the mentally retarded using the facility's quarterly	104351
case-mix scores for that calendar year. The department shall make	104352
the calculations pursuant to procedures specified in rules adopted	104353
under section 5111.02 of the Revised Code.	104354

(D)(1) If a provider does not timely submit information for a	104355
calendar quarter necessary to calculate a facility's case-mix	104356
score, or submits incomplete or inaccurate information for a	104357
calendar quarter, the department may assign the facility a	104358
quarterly average case-mix score that is five per cent less than	104359
the facility's quarterly average case-mix score for the preceding	104360
calendar quarter. If the facility was subject to an exception	104361
review under division (C) of section 5111.27 of the Revised Code	104362
for the preceding calendar quarter, the department may assign a	104363
quarterly average case-mix score that is five per cent less than	104364
the score determined by the exception review. If the facility was	104365
assigned a quarterly average case-mix score for the preceding	104366
quarter, the department may assign a quarterly average case-mix	104367
score that is five per cent less than that score assigned for the	104368
preceding quarter.	104369

The department may use a quarterly average case-mix score	104370
assigned under division (D)(1) of this section, instead of a	104371
quarterly average case-mix score calculated based on the	104372
provider's submitted information, to calculate the facility's rate	104373
for direct care costs being established under section 5111.23 or	104374
5111.231 of the Revised Code for one or more months, as specified	104375
in rules authorized by division (E) of this section, of the	104376
quarter for which the rate established under section 5111.23 or	104377
5111.231 of the Revised Code will be paid.	104378

Before taking action under division (D)(1) of this section,	104379
the department shall permit the provider a reasonable period of	104380
time, specified in rules authorized by division (E) of this	104381
section, to correct the information. In the case of an	104382
intermediate care facility for the mentally retarded, the	104383
department shall not assign a quarterly average case-mix score due	104384
to late submission of corrections to assessment information unless	104385
the provider fails to submit corrected information prior to the	104386
eighty-first day after the end of the calendar quarter to which	104387
the information pertains. In the case of a nursing facility, the	104388
department shall not assign a quarterly average case-mix score due	104389
to late submission of corrections to assessment information unless	104390
the provider fails to submit corrected information prior to the	104391
earlier of the forty-sixth day after the end of the calendar	104392
quarter to which the information pertains or the deadline for	104393
submission of such corrections established by regulations adopted	104394
by the United States department of health and human services under	104395
Titles XVIII and XIX.	104396

(2) If a provider is paid a rate for a facility calculated	104397
using a quarterly average case-mix score assigned under division	104398
(D)(1) of this section for more than six months in a calendar	104399
year, the department may assign the facility a cost per case-mix	104400
unit that is five per cent less than the facility's actual or	104401
assigned cost per case-mix unit for the preceding calendar year.	104402
The department may use the assigned cost per case-mix unit,	104403
instead of calculating the facility's actual cost per case-mix	104404
unit in accordance with section 5111.23 or 5111.231 of the Revised	104405
Code, to establish the facility's rate for direct care costs for	104406
the following fiscal year.	104407

(3) The department shall take action under division (D)(1) or	104408
(2) of this section only in accordance with rules authorized by	104409
division (E) of this section. The department shall not take an	104410
action that affects rates for prior payment periods except in	104411
accordance with sections 5111.27 and 5111.28 of the Revised Code.	104412

(E) The director shall adopt rules under section 5111.02 of	104413
the Revised Code that do all of the following:	104414

(1) Specify whether providers of a nursing facility must	104415
submit the assessment data to the department of job and family	104416
services;	104417

(2) Specify the medium or media through which the completed	104418
assessment data shall be submitted;	104419

(3) Establish procedures under which the assessment data	104420
shall be reviewed for accuracy and providers shall be notified of	104421
any data that requires correction;	104422

(4) Establish procedures for providers to correct assessment	104423
data and specify a reasonable period of time by which providers	104424
shall submit the corrections. The procedures may limit the content	104425
of corrections by providers of nursing facilities in the manner	104426
required by regulations adopted by the United States department of	104427
health and human services under Titles XVIII and XIX.	104428

(5) Specify when and how the department will assign case-mix	104429
scores or costs per case-mix unit under division (D) of this	104430
section if information necessary to calculate the facility's	104431
case-mix score is not provided or corrected in accordance with the	104432
procedures established by the rules. Notwithstanding any other	104433
provision of sections 5111.20 to ~~5111.33~~5111.331 of the Revised	104434
Code, the rules also may provide for the following:	104435

(a) Exclusion of case-mix scores assigned under division (D)	104436
of this section from calculation of an intermediate care facility	104437
for the mentally retarded's annual average case-mix score and the	104438
maximum cost per case-mix unit for the facility's peer group;	104439

(b) Exclusion of case-mix scores assigned under division (D)	104440
of this section from calculation of a nursing facility's	104441
semiannual or annual average case-mix score and the cost per	104442
case-mix unit for the facility's peer group.	104443

Sec. 5111.235. (A) The department of job and family services	104444
shall pay a provider for each of the provider's eligible	104445
intermediate care facilities for the mentally retarded a per	104446
resident per day rate for other protected costs established	104447
prospectively each fiscal year for each facility. The rate for	104448
each facility shall be the facility's desk-reviewed, actual,	104449
allowable, per diem other protected costs from the calendar year	104450
preceding the fiscal year in which the rate will be paid, all	104451
adjusted for the estimated inflation rate for the eighteen-month	104452
period beginning on the first day of July of the calendar year	104453
preceding the fiscal year in which the rate will be paid and	104454
ending on the thirty-first day of December of that fiscal year.	104455
The department shall estimate inflation using the ~~consumer price~~	104456
index ~~for all urban consumers for nonprescription drugs and~~	104457
~~medical supplies, as published by the United States bureau of~~	104458
~~labor statistics~~specified in division (B) of this section. If the	104459
estimated inflation rate for the eighteen-month period is	104460
different from the actual inflation rate for that period, the	104461
difference shall be added to or subtracted from the inflation rate	104462
estimated for the following year.	104463

(B) The department shall use the following index for the	104464
purpose of division (A) of this section:	104465

(1) The consumer price index for all urban consumers for	104466
nonprescription drugs and medical supplies, as published by the	104467
United States bureau of labor statistics;	104468

(2) If the United States bureau of labor statistics ceases to	104469
publish the index specified in division (B)(1) of this section,	104470
the index that is subsequently published by the bureau and covers	104471
nonprescription drugs and medical supplies.	104472

Sec. 5111.24. (A) As used in this section~~, "applicable~~:

104473

(1) "Applicable calendar year" means the following:

104474

~~(1)~~(a) For the purpose of the department of job and family	104475
services' initial determination under division (D) of this section	104476
of each peer group's rate for ancillary and support costs,	104477
calendar year 2003;	104478

~~(2)~~(b) For the purpose of the department's ~~subsequent~~	104479
~~determinations under division (D) of this section of each peer~~	104480
~~group's rate for ancillary and support costs~~rebasings, the	104481
calendar year the department selects.	104482

(2) "Rebasing" means a redetermination under division (D) of	104483
this section of each peer groups' rate for ancillary and support	104484
costs using information from cost reports for an applicable	104485
calendar year that is later than the applicable calendar year used	104486
for the previous determination of such rates.	104487

(B) The department of job and family services shall pay a	104488
provider for each of the provider's eligible nursing facilities a	104489
per resident per day rate for ancillary and support costs	104490
determined for the nursing facility's peer group under division	104491
(D) of this section.	104492

(C) For the purpose of determining nursing facilities' rate	104493
for ancillary and support costs, the department shall establish	104494
six peer groups.	104495

Each nursing facility located in any of the following	104496
counties shall be placed in peer group one or two: Brown, Butler,	104497
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	104498
located in any of those counties that has fewer than one hundred	104499
beds shall be placed in peer group one. Each nursing facility	104500
located in any of those counties that has one hundred or more beds	104501
shall be placed in peer group two.	104502

Each nursing facility located in any of the following	104503
counties shall be placed in peer group three or four: Ashtabula,	104504
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	104505
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	104506
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	104507
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	104508
Union, and Wood. Each nursing facility located in any of those	104509
counties that has fewer than one hundred beds shall be placed in	104510
peer group three. Each nursing facility located in any of those	104511
counties that has one hundred or more beds shall be placed in peer	104512
group four.	104513

Each nursing facility located in any of the following	104514
counties shall be placed in peer group five or six: Adams, Allen,	104515
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	104516
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	104517
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	104518
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	104519
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	104520
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	104521
Washington, Wayne, Williams, and Wyandot. Each nursing facility	104522
located in any of those counties that has fewer than one hundred	104523
beds shall be placed in peer group five. Each nursing facility	104524
located in any of those counties that has one hundred or more beds	104525
shall be placed in peer group six.	104526

(D)(1) ~~At least once every ten years, the~~The department	104527
shall determine the rate for ancillary and support costs for each	104528
peer group established under division (C) of this section. The	104529
department is not required to conduct a rebasing more than once	104530
every ten years. Except as necessary to implement the amendments	104531
made by this act to this section, the rate for ancillary and	104532
support costs determined under this division for a peer group	104533
shall be used for subsequent years until the department	104534
~~redetermines it~~conducts a rebasing. To determine a peer group's	104535
rate for ancillary and support costs, the department shall do all	104536
of the following:	104537

(a) ~~Determine~~Subject to division (D)(2) of this section,	104538
determine the rate for ancillary and support costs for each	104539
nursing facility in the peer group for the applicable calendar	104540
year by using the greater of the nursing facility's actual	104541
inpatient days for the applicable calendar year or the inpatient	104542
days the nursing facility would have had for the applicable	104543
calendar year if its occupancy rate had been ninety per cent~~. For~~	104544
~~the purpose of determining a nursing facility's occupancy rate~~	104545
~~under division (D)(1)(a) of this section, the department shall~~	104546
~~include any beds that the nursing facility removes from its~~	104547
~~medicaid-certified capacity unless the nursing facility also~~	104548
~~removes the beds from its licensed bed capacity.~~;	104549

(b) Subject to division (D)~~(2)~~(3) of this section, identify	104550
which nursing facility in the peer group is at the twenty-fifth	104551
percentile of the rate for ancillary and support costs for the	104552
applicable calendar year determined under division (D)(1)(a) of	104553
this section.;	104554

(c) ~~Calculate the amount that is three per cent above the~~	104555
~~rate for ancillary and support costs determined under division~~	104556
~~(D)(1)(a) of this section for the nursing facility identified~~	104557
~~under division (D)(1)(b) of this section.~~	104558

~~(d)~~ Multiply the ~~amount calculated~~rate for ancillary and	104559
support costs determined under division (D)(1)~~(c)~~(a) of this	104560
section for the nursing facility identified under division	104561
(D)(1)(b) of this section by the rate of inflation for the	104562
eighteen-month period beginning on the first day of July of the	104563
applicable calendar year and ending the last day of December of	104564
the calendar year immediately following the applicable calendar	104565
year using the following:	104566

(i) ~~In the case of the initial calculation made under~~	104567
~~division (D)(1)(d) of this section~~Until the first rebasing	104568
occurs, the consumer price index for all items for all urban	104569
consumers for the north central region, published by the United	104570
States bureau of labor statistics, as that index existed on July	104571
1, 2005;	104572

(ii) ~~In the case of subsequent calculations made under~~	104573
~~division (D)(1)(d) of this section~~Effective with the first	104574
rebasing and except as provided in division (D)(1)~~(d)~~(c)(iii) of	104575
this section, the consumer price index for all items for all urban	104576
consumers for the midwest region, published by the United States	104577
bureau of labor statistics;	104578

(iii) If the United States bureau of labor statistics ceases	104579
to publish the index specified in division (D)(1)~~(d)~~(c)(ii) of	104580
this section, the index the bureau subsequently publishes that	104581
covers urban consumers' prices for items for the region that	104582
includes this state.	104583

(2) For the purpose of determining a nursing facility's	104584
occupancy rate under division (D)(1)(a) of this section, the	104585
department shall include any beds that the nursing facility	104586
removes from its medicaid-certified capacity unless the nursing	104587
facility also removes the beds from its licensed bed capacity.	104588

(3) In making the identification under division (D)(1)(b) of	104589
this section, the department shall exclude both of the following:	104590

(a) Nursing facilities that participated in the medicaid	104591
program under the same provider for less than twelve months in the	104592
applicable calendar year;	104593

(b) Nursing facilities whose ancillary and support costs are	104594
more than one standard deviation from the mean desk-reviewed,	104595
actual, allowable, per diem ancillary and support cost for all	104596
nursing facilities in the nursing facility's peer group for the	104597
applicable calendar year.	104598

~~(3)~~(4) The department shall not redetermine a peer group's	104599
rate for ancillary and support costs under this division based on	104600
additional information that it receives after the rate is	104601
determined. The department shall redetermine a peer group's rate	104602
for ancillary and support costs only if itthe department made an	104603
error in determining the rate based on information available to	104604
the department at the time of the original determination.	104605

Sec. 5111.241. (A) The department of job and family services	104606
shall pay a provider for each of the provider's eligible	104607
intermediate care facilities for the mentally retarded a per	104608
resident per day rate for indirect care costs established	104609
prospectively each fiscal year for each facility. The rate for	104610
each intermediate care facility for the mentally retarded shall be	104611
the sum of the following, but shall not exceed the maximum rate	104612
established for the facility's peer group under division (B) of	104613
this section:	104614

(1) The facility's desk-reviewed, actual, allowable, per diem	104615
indirect care costs from the calendar year preceding the fiscal	104616
year in which the rate will be paid, adjusted for the inflation	104617
rate estimated under division (C)(1) of this section;	104618

(2) An efficiency incentive in the following amount:

104619

(a) For fiscal years ending in even-numbered calendar years:

104620

(i) In the case of intermediate care facilities for the	104621
mentally retarded with more than eight beds, seven and one-tenth	104622
per cent of the maximum rate established for the facility's peer	104623
group under division (B) of this section;	104624

(ii) In the case of intermediate care facilities for the	104625
mentally retarded with eight or fewer beds, seven per cent of the	104626
maximum rate established for the facility's peer group under	104627
division (B) of this section;	104628

(b) For fiscal years ending in odd-numbered calendar years,	104629
the amount calculated for the preceding fiscal year under division	104630
(A)(2)(a) of this section.	104631

(B)(1) The maximum rate for indirect care costs for each peer	104632
group of intermediate care facilities for the mentally retarded	104633
with more than eight beds specified in rules adopted under	104634
division (D) of this section shall be determined as follows:	104635

(a) For fiscal years ending in even-numbered calendar years,	104636
the maximum rate for each peer group shall be the rate that is no	104637
less than twelve and four-tenths per cent above the median	104638
desk-reviewed, actual, allowable, per diem indirect care cost for	104639
all intermediate care facilities for the mentally retarded with	104640
more than eight beds in the group, excluding facilities in the	104641
group whose indirect care costs for that period are more than	104642
three standard deviations from the mean desk-reviewed, actual,	104643
allowable, per diem indirect care cost for all intermediate care	104644
facilities for the mentally retarded with more than eight beds,	104645
for the calendar year preceding the fiscal year in which the rate	104646
will be paid, adjusted by the inflation rate estimated under	104647
division (C)(1) of this section.	104648

(b) For fiscal years ending in odd-numbered calendar years,	104649
the maximum rate for each peer group is the group's maximum rate	104650
for the previous fiscal year, adjusted for the inflation rate	104651
estimated under division (C)(2) of this section.	104652

(2) The maximum rate for indirect care costs for each peer	104653
group of intermediate care facilities for the mentally retarded	104654
with eight or fewer beds specified in rules adopted under division	104655
(D) of this section shall be determined as follows:	104656

(a) For fiscal years ending in even-numbered calendar years,	104657
the maximum rate for each peer group shall be the rate that is no	104658
less than ten and three-tenths per cent above the median	104659
desk-reviewed, actual, allowable, per diem indirect care cost for	104660
all intermediate care facilities for the mentally retarded with	104661
eight or fewer beds in the group, excluding facilities in the	104662
group whose indirect care costs are more than three standard	104663
deviations from the mean desk-reviewed, actual, allowable, per	104664
diem indirect care cost for all intermediate care facilities for	104665
the mentally retarded with eight or fewer beds, for the calendar	104666
year preceding the fiscal year in which the rate will be paid,	104667
adjusted by the inflation rate estimated under division (C)(1) of	104668
this section.	104669

(b) For fiscal years that end in odd-numbered calendar years,	104670
the maximum rate for each peer group is the group's maximum rate	104671
for the previous fiscal year, adjusted for the inflation rate	104672
estimated under division (C)(2) of this section.	104673

(3) The department shall not recalculate a maximum rate for	104674
indirect care costs under division (B)(1) or (2) of this section	104675
based on additional information that it receives after the maximum	104676
rate is set. The department shall recalculate the maximum rate for	104677
indirect care costs only if it made an error in computing the	104678
maximum rate based on the information available at the time of the	104679
original calculation.	104680

(C)(1) When adjusting rates for inflation under divisions	104681
(A)(1), (B)(1)(a), and (B)(2)(a) of this section, the department	104682
shall estimate the rate of inflation for the eighteen-month period	104683
beginning on the first day of July of the calendar year preceding	104684
the fiscal year in which the rate will be paid and ending on the	104685
thirty-first day of December of the fiscal year in which the rate	104686
will be paid~~, using the~~. To estimate the rate of inflation, the	104687
department shall use the following:	104688

(a) The consumer price index for all items for all urban	104689
consumers for the north central region, published by the United	104690
States bureau of labor statistics;	104691

(b) If the United States bureau of labor statistics ceases to	104692
publish the index specified in division (C)(1)(a) of this section,	104693
a comparable index that the bureau publishes and the department	104694
determines is appropriate.	104695

(2) When adjusting rates for inflation under divisions	104696
(B)(1)(b) and (B)(2)(b) of this section, the department shall	104697
estimate the rate of inflation for the twelve-month period	104698
beginning on the first day of January of the fiscal year preceding	104699
the fiscal year in which the rate will be paid and ending on the	104700
thirty-first day of December of the fiscal year in which the rate	104701
will be paid~~, using the~~. To estimate the rate of inflation, the	104702
department shall use the following:	104703

(a) The consumer price index for all items for all urban	104704
consumers for the north central region, published by the United	104705
States bureau of labor statistics;	104706

(b) If the United States bureau of labor statistics ceases to	104707
publish the index specified in division (C)(2)(a) of this section,	104708
a comparable index that the bureau publishes and the department	104709
determines is appropriate.	104710

(3) If an inflation rate estimated under division (C)(1) or	104711
(2) of this section is different from the actual inflation rate	104712
for the relevant time period, as measured using the same index,	104713
the difference shall be added to or subtracted from the inflation	104714
rate estimated pursuant to this division for the following fiscal	104715
year.	104716

(D) The director of job and family services shall adopt rules	104717
under section 5111.02 of the Revised Code that specify peer groups	104718
of intermediate care facilities for the mentally retarded with	104719
more than eight beds, and peer groups of intermediate care	104720
facilities for the mentally retarded with eight or fewer beds,	104721
based on findings of significant per diem indirect care cost	104722
differences due to geography and facility bed-size. The rules also	104723
may specify peer groups based on findings of significant per diem	104724
indirect care cost differences due to other factors, including	104725
case-mix.	104726

Sec. 5111.244. (A) As used in this section, "deficiency" and	104727
"standard survey" have the same meanings as in section 5111.35 of	104728
the Revised Code.	104729

(B) ~~Each fiscal year~~Subject to division (D) of this section,	104730
the department of job and family services shall pay the provider	104731
of each nursing facility a quality incentive payment. The amount	104732
of a quality incentive payment paid to a provider ~~for a fiscal~~	104733
~~year~~ shall be based on the number of points the provider's nursing	104734
facility is awarded ~~under division (C) of this section~~ for ~~that~~	104735
~~fiscal year~~meeting accountability measures. The amount of a	104736
quality incentive payment paid to a provider of a nursing facility	104737
that is awarded no points may be zero. ~~The mean payment for fiscal~~	104738
~~year 2007, weighted by medicaid days, shall be three dollars per~~	104739
~~medicaid day. The department shall adjust the mean payment for~~	104740
~~subsequent fiscal years by the same adjustment factors the~~	104741
~~department uses to adjust, pursuant to division (B) of section~~	104742
~~5111.222 of the Revised Code, nursing facilities' rates otherwise~~	104743
~~determined under divisions (A)(1), (2), (3), and (6) of that~~	104744
~~section.~~	104745

(C)(1) Except as provided by ~~division~~divisions (C)(2) and	104746
(D) of this section, the department shall ~~annually~~ award each	104747
nursing facility participating in the medicaid program one point	104748
for each of the following accountability measures the facility	104749
meets:	104750

(a) The facility had no health deficiencies on the facility's	104751
most recent standard survey.	104752

(b) The facility had no health deficiencies with a scope and	104753
severity level greater than E, as determined under nursing	104754
facility certification standards established under Title XIX, on	104755
the facility's most recent standard survey.	104756

(c) The facility's resident satisfaction is above the	104757
statewide average.	104758

(d) The facility's family satisfaction is above the statewide	104759
average.	104760

(e) The number of hours the facility employs nurses is above	104761
the statewide average.	104762

(f) The facility's employee retention rate is above the	104763
average for the facility's peer group established in division (C)	104764
of section 5111.231 of the Revised Code.	104765

(g) The facility's occupancy rate is above the statewide	104766
average.	104767

(h) The facility's medicaid utilization rate is above the	104768
statewide average.	104769

(i) The facility's case-mix score is above the statewide	104770
average.	104771

(2) The department shall award points pursuant to division	104772
(C)(1)(c) or (d) of this section to a nursing facility only ~~for a~~	104773
~~fiscal year immediately following a calendar year for which~~if a	104774
survey of resident or family satisfaction ~~has been~~was conducted	104775
under section 173.47 of the Revised Code for the nursing facility	104776
in calendar year 2010.	104777

(D) The department shall cease to award points to nursing	104778
facilities under division (C) of this section on the earlier of	104779
the effective date of the rules adopted under division (E) of this	104780
section establishing new accountability measures and July 1, 2012.	104781
If the effective date of the rules establishing the new	104782
accountability measures is after July 1, 2012, the department	104783
shall not award any points, and therefore not pay quality	104784
incentive payments, for the period beginning July 1, 2012, and	104785
ending on the effective date of the rules. Once the rules are in	104786
effect, the department shall award each nursing facility	104787
participating in the medicaid program points in accordance with	104788
the new accountability measures established in the rules.	104789

(E) The director of job and family services shall adopt rules	104790
under section 5111.02 of the Revised Code as necessary to	104791
implement this section~~. The rules shall include~~, including rules	104792
governing the methodology for converting points awarded under this	104793
section into quality incentive payments and rules establishing the	104794
system for awarding points under division (C) of this section. The	104795
director shall strive to have in effect not later than July 1,	104796
2012, rules establishing new accountability measures for the	104797
purpose of division (D) of this section. In adopting those rules,	104798
the director shall collaborate with persons interested in the	104799
issue of medicaid coverage of nursing facility services. The new	104800
accountability measures shall include measures relating to the	104801
quality of care that nursing facilities provide their residents	104802
and the residents' quality of life.	104803

Sec. 5111.25. (A) As used in this section~~, "applicable~~:

104804

(1) "Applicable calendar year" means the following:

104805

~~(1)~~(a) For the purpose of the department of job and family	104806
services' initial determination under division (D) of this section	104807
of each peer group's ~~median~~ rate for capital costs, calendar year	104808
2003;	104809

~~(2)~~(b) For the purpose of the department's ~~subsequent~~	104810
~~determinations under division (D) of this section of each peer~~	104811
~~group's median rate for capital costs~~rebasings, the calendar year	104812
the department selects.	104813

(2) "Rebasing" means a redetermination under division (D) of	104814
this section of each peer groups' rate for capital costs using	104815
information from cost reports for an applicable calendar year that	104816
is later than the applicable calendar year used for the previous	104817
determination of such rates.	104818

(B) The department of job and family services shall pay a	104819
provider for each of the provider's eligible nursing facilities a	104820
per resident per day rate for capital costs~~. A nursing facility's~~	104821
~~rate for capital costs shall be the median rate for capital costs~~	104822
~~for the nursing facilities in~~determined for the nursing	104823
facility's peer group ~~as determined~~ under division (D) of this	104824
section.	104825

(C) For the purpose of determining nursing facilities' rate	104826
for capital costs, the department shall establish six peer groups.	104827

Each nursing facility located in any of the following	104828
counties shall be placed in peer group one or two: Brown, Butler,	104829
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	104830
located in any of those counties that has fewer than one hundred	104831
beds shall be placed in peer group one. Each nursing facility	104832
located in any of those counties that has one hundred or more beds	104833
shall be placed in peer group two.	104834

Each nursing facility located in any of the following	104835
counties shall be placed in peer group three or four: Ashtabula,	104836
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	104837
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	104838
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	104839
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	104840
Union, and Wood. Each nursing facility located in any of those	104841
counties that has fewer than one hundred beds shall be placed in	104842
peer group three. Each nursing facility located in any of those	104843
counties that has one hundred or more beds shall be placed in peer	104844
group four.	104845

Each nursing facility located in any of the following	104846
counties shall be placed in peer group five or six: Adams, Allen,	104847
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	104848
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	104849
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	104850
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	104851
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	104852
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	104853
Washington, Wayne, Williams, and Wyandot. Each nursing facility	104854
located in any of those counties that has fewer than one hundred	104855
beds shall be placed in peer group five. Each nursing facility	104856
located in any of those counties that has one hundred or more beds	104857
shall be placed in peer group six.	104858

(D)(1) ~~At least once every ten years, the~~The department	104859
shall determine the ~~median~~ rate for capital costs for each peer	104860
group established under division (C) of this section. The ~~median~~	104861
department is not required to conduct a rebasing more than once	104862
every ten years. Except as necessary to implement the amendments	104863
made by this act to this section, the rate for capital costs	104864
determined under this division for a peer group shall be used for	104865
subsequent years until the department ~~redetermines it~~conducts a	104866
rebasing. ~~To determine a~~A peer group's ~~median~~ rate for capital	104867
costs shall be the rate for capital costs determined for the	104868
nursing facility in the peer group that is at the twenty-fifth	104869
percentile of the rate for capital costs for the applicable	104870
calendar year. In identifying that nursing facility, the	104871
department shall do both of the following:	104872

(a) Subject to division (D)(2) of this section, use the	104873
greater of each nursing facility's actual inpatient days for the	104874
applicable calendar year or the inpatient days the nursing	104875
facility would have had for the applicable calendar year if its	104876
occupancy rate had been one hundred per cent.;	104877

(b) Exclude both of the following:

104878

(i) Nursing facilities that participated in the medicaid	104879
program under the same provider for less than twelve months in the	104880
applicable calendar year;	104881

(ii) Nursing facilities whose capital costs are more than one	104882
standard deviation from the mean desk-reviewed, actual, allowable,	104883
per diem capital cost for all nursing facilities in the nursing	104884
facility's peer group for the applicable calendar year.	104885

(2) For the purpose of determining a nursing facility's	104886
occupancy rate under division (D)(1)(a) of this section, the	104887
department shall include any beds that the nursing facility	104888
removes from its medicaid-certified capacity after June 30, 2005,	104889
unless the nursing facility also removes the beds from its	104890
licensed bed capacity.	104891

(3) The department shall not redetermine a peer group's rate	104892
for capital costs under this division based on additional	104893
information that it receives after the rate is determined. The	104894
department shall redetermine a peer group's rate for capital costs	104895
only if the department made an error in determining the rate based	104896
on information available to the department at the time of the	104897
original determination.	104898

(E) Buildings shall be depreciated using the straight line	104899
method over forty years or over a different period approved by the	104900
department. Components and equipment shall be depreciated using	104901
the straight-line method over a period designated in rules adopted	104902
under section 5111.02 of the Revised Code, consistent with the	104903
guidelines of the American hospital association, or over a	104904
different period approved by the department. Any rules authorized	104905
by this division that specify useful lives of buildings,	104906
components, or equipment apply only to assets acquired on or after	104907
July 1, 1993. Depreciation for costs paid or reimbursed by any	104908
government agency shall not be included in capital costs unless	104909
that part of the payment under sections 5111.20 to ~~5111.33~~	104910
5111.331 of the Revised Code is used to reimburse the government	104911
agency.	104912

(F) The capital cost basis of nursing facility assets shall	104913
be determined in the following manner:	104914

(1) Except as provided in division (F)(3) of this section,	104915
for purposes of calculating the rates to be paid for facilities	104916
with dates of licensure on or before June 30, 1993, the capital	104917
cost basis of each asset shall be equal to the desk-reviewed,	104918
actual, allowable, capital cost basis that is listed on the	104919
facility's cost report for the calendar year preceding the fiscal	104920
year during which the rate will be paid.	104921

(2) For facilities with dates of licensure after June 30,	104922
1993, the capital cost basis shall be determined in accordance	104923
with the principles of the medicare program established under	104924
Title XVIII, except as otherwise provided in sections 5111.20 to	104925
~~5111.33~~5111.331 of the Revised Code.	104926

(3) Except as provided in division (F)(4) of this section, if	104927
a provider transfers an interest in a facility to another provider	104928
after June 30, 1993, there shall be no increase in the capital	104929
cost basis of the asset if the providers are related parties or	104930
the provider to which the interest is transferred authorizes the	104931
provider that transferred the interest to continue to operate the	104932
facility under a lease, management agreement, or other	104933
arrangement. If the previous sentence does not prohibit the	104934
adjustment of the capital cost basis under this division, the	104935
basis of the asset shall be adjusted by ~~the lesser of the~~	104936
~~following:~~	104937

~~(a) One-half of the change in construction costs during the~~	104938
~~time that the transferor held the asset, as calculated by the~~	104939
~~department of job and family services using the "Dodge building~~	104940
~~cost indexes, northeastern and north central states," published by~~	104941
~~Marshall and Swift;~~	104942

~~(b) One-half~~one-half of the change in the consumer price	104943
index for all items for all urban consumers, as published by the	104944
United States bureau of labor statistics, during the time that the	104945
transferor held the asset.	104946

(4) If a provider transfers an interest in a facility to	104947
another provider who is a related party, the capital cost basis of	104948
the asset shall be adjusted as specified in division (F)(3) of	104949
this section if all of the following conditions are met:	104950

(a) The related party is a relative of owner;

104951

(b) Except as provided in division (F)(4)(c)(ii) of this	104952
section, the provider making the transfer retains no ownership	104953
interest in the facility;	104954

(c) The department of job and family services determines that	104955
the transfer is an arm's length transaction pursuant to rules	104956
adopted under section 5111.02 of the Revised Code. The rules shall	104957
provide that a transfer is an arm's length transaction if all of	104958
the following apply:	104959

(i) Once the transfer goes into effect, the provider that	104960
made the transfer has no direct or indirect interest in the	104961
provider that acquires the facility or the facility itself,	104962
including interest as an owner, officer, director, employee,	104963
independent contractor, or consultant, but excluding interest as a	104964
creditor.	104965

(ii) The provider that made the transfer does not reacquire	104966
an interest in the facility except through the exercise of a	104967
creditor's rights in the event of a default. If the provider	104968
reacquires an interest in the facility in this manner, the	104969
department shall treat the facility as if the transfer never	104970
occurred when the department calculates its reimbursement rates	104971
for capital costs.	104972

(iii) The transfer satisfies any other criteria specified in	104973
the rules.	104974

(d) Except in the case of hardship caused by a catastrophic	104975
event, as determined by the department, or in the case of a	104976
provider making the transfer who is at least sixty-five years of	104977
age, not less than twenty years have elapsed since, for the same	104978
facility, the capital cost basis was adjusted most recently under	104979
division (F)(4) of this section or actual, allowable cost of	104980
ownership was determined most recently under division (G)(9) of	104981
this section.	104982

(G) As used in this division:

104983

"Imputed interest" means the lesser of the prime rate plus	104984
two per cent or ten per cent.	104985

"Lease expense" means lease payments in the case of an	104986
operating lease and depreciation expense and interest expense in	104987
the case of a capital lease.	104988

"New lease" means a lease, to a different lessee, of a	104989
nursing facility that previously was operated under a lease.	104990

(1) Subject to division (B) of this section, for a lease of a	104991
facility that was effective on May 27, 1992, the entire lease	104992
expense is an actual, allowable capital cost during the term of	104993
the existing lease. The entire lease expense also is an actual,	104994
allowable capital cost if a lease in existence on May 27, 1992, is	104995
renewed under either of the following circumstances:	104996

(a) The renewal is pursuant to a renewal option that was in	104997
existence on May 27, 1992;	104998

(b) The renewal is for the same lease payment amount and	104999
between the same parties as the lease in existence on May 27,	105000
1992.	105001

(2) Subject to division (B) of this section, for a lease of a	105002
facility that was in existence but not operated under a lease on	105003
May 27, 1992, actual, allowable capital costs shall include the	105004
lesser of the annual lease expense or the annual depreciation	105005
expense and imputed interest expense that would be calculated at	105006
the inception of the lease using the lessor's entire historical	105007
capital asset cost basis, adjusted by ~~the lesser of the following~~	105008
~~amounts:~~	105009

~~(a) One-half of the change in construction costs during the~~	105010
~~time the lessor held each asset until the beginning of the lease,~~	105011
~~as calculated by the department using the "Dodge building cost~~	105012
~~indexes, northeastern and north central states," published by~~	105013
~~Marshall and Swift;~~	105014

~~(b) One-half~~one-half of the change in the consumer price	105015
index for all items for all urban consumers, as published by the	105016
United States bureau of labor statistics, during the time the	105017
lessor held each asset until the beginning of the lease.	105018

(3) Subject to division (B) of this section, for a lease of a	105019
facility with a date of licensure on or after May 27, 1992, that	105020
is initially operated under a lease, actual, allowable capital	105021
costs shall include the annual lease expense if there was a	105022
substantial commitment of money for construction of the facility	105023
after December 22, 1992, and before July 1, 1993. If there was not	105024
a substantial commitment of money after December 22, 1992, and	105025
before July 1, 1993, actual, allowable capital costs shall include	105026
the lesser of the annual lease expense or the sum of the	105027
following:	105028

(a) The annual depreciation expense that would be calculated	105029
at the inception of the lease using the lessor's entire historical	105030
capital asset cost basis;	105031

(b) The greater of the lessor's actual annual amortization of	105032
financing costs and interest expense at the inception of the lease	105033
or the imputed interest expense calculated at the inception of the	105034
lease using seventy per cent of the lessor's historical capital	105035
asset cost basis.	105036

(4) Subject to division (B) of this section, for a lease of a	105037
facility with a date of licensure on or after May 27, 1992, that	105038
was not initially operated under a lease and has been in existence	105039
for ten years, actual, allowable capital costs shall include the	105040
lesser of the annual lease expense or the annual depreciation	105041
expense and imputed interest expense that would be calculated at	105042
the inception of the lease using the entire historical capital	105043
asset cost basis of ~~the lessor, adjusted by the lesser of the~~	105044
~~following:~~	105045

~~(a) One-half of the change in construction costs during the~~	105046
~~time the lessor held each asset until the beginning of the lease,~~	105047
~~as calculated by the department using the "Dodge building cost~~	105048
~~indexes, northeastern and north central states," published by~~	105049
~~Marshall and Swift;~~	105050

~~(b) One-half~~one-half of the change in the consumer price	105051
index for all items for all urban consumers, as published by the	105052
United States bureau of labor statistics, during the time the	105053
lessor held each asset until the beginning of the lease.	105054

(5) Subject to division (B) of this section, for a new lease	105055
of a facility that was operated under a lease on May 27, 1992,	105056
actual, allowable capital costs shall include the lesser of the	105057
annual new lease expense or the annual old lease payment. If the	105058
old lease was in effect for ten years or longer, the old lease	105059
payment from the beginning of the old lease shall be adjusted by	105060
~~the lesser of the following:~~	105061

~~(a) One-half of the change in construction costs from the~~	105062
~~beginning of the old lease to the beginning of the new lease, as~~	105063
~~calculated by the department using the "Dodge building cost~~	105064
~~indexes, northeastern and north central states," published by~~	105065
~~Marshall and Swift;~~	105066

~~(b) One-half~~one-half of the change in the consumer price	105067
index for all items for all urban consumers, as published by the	105068
United States bureau of labor statistics, from the beginning of	105069
the old lease to the beginning of the new lease.	105070

(6) Subject to division (B) of this section, for a new lease	105071
of a facility that was not in existence or that was in existence	105072
but not operated under a lease on May 27, 1992, actual, allowable	105073
capital costs shall include the lesser of annual new lease expense	105074
or the annual amount calculated for the old lease under division	105075
(G)(2), (3), (4), or (6) of this section, as applicable. If the	105076
old lease was in effect for ten years or longer, the lessor's	105077
historical capital asset cost basis shall be ~~adjusted by the~~	105078
~~lesser of the following~~, for purposes of calculating the annual	105079
amount under division (G)(2), (3), (4), or (6) of this section:	105080

~~(a) One-half of the change in construction costs from the~~	105081
~~beginning of the old lease to the beginning of the new lease, as~~	105082
~~calculated by the department using the "Dodge building cost~~	105083
~~indexes, northeastern and north central states," published by~~	105084
~~Marshall and Swift;~~	105085

~~(b) One-half~~, adjusted by one-half of the change in the	105086
consumer price index for all items for all urban consumers, as	105087
published by the United States bureau of labor statistics, from	105088
the beginning of the old lease to the beginning of the new lease.	105089

In the case of a lease under division (G)(3) of this section	105090
of a facility for which a substantial commitment of money was made	105091
after December 22, 1992, and before July 1, 1993, the old lease	105092
payment shall be adjusted for the purpose of determining the	105093
annual amount.	105094

(7) For any revision of a lease described in division (G)(1),	105095
(2), (3), (4), (5), or (6) of this section, or for any subsequent	105096
lease of a facility operated under such a lease, other than	105097
execution of a new lease, the portion of actual, allowable capital	105098
costs attributable to the lease shall be the same as before the	105099
revision or subsequent lease.	105100

(8) Except as provided in division (G)(9) of this section, if	105101
a provider leases an interest in a facility to another provider	105102
who is a related party or previously operated the facility, the	105103
related party's or previous operator's actual, allowable capital	105104
costs shall include the lesser of the annual lease expense or the	105105
reasonable cost to the lessor.	105106

(9) If a provider leases an interest in a facility to another	105107
provider who is a related party, regardless of the date of the	105108
lease, the related party's actual, allowable capital costs shall	105109
include the annual lease expense, subject to the limitations	105110
specified in divisions (G)(1) to (7) of this section, if all of	105111
the following conditions are met:	105112

(a) The related party is a relative of owner;

105113

(b) If the lessor retains an ownership interest, it is,	105114
except as provided in division (G)(9)(c)(ii) of this section, in	105115
only the real property and any improvements on the real property;	105116

(c) The department of job and family services determines that	105117
the lease is an arm's length transaction pursuant to rules adopted	105118
under section 5111.02 of the Revised Code. The rules shall provide	105119
that a lease is an arm's length transaction if all of the	105120
following apply:	105121

(i) Once the lease goes into effect, the lessor has no direct	105122
or indirect interest in the lessee or, except as provided in	105123
division (G)(9)(b) of this section, the facility itself, including	105124
interest as an owner, officer, director, employee, independent	105125
contractor, or consultant, but excluding interest as a lessor.	105126

(ii) The lessor does not reacquire an interest in the	105127
facility except through the exercise of a lessor's rights in the	105128
event of a default. If the lessor reacquires an interest in the	105129
facility in this manner, the department shall treat the facility	105130
as if the lease never occurred when the department calculates its	105131
reimbursement rates for capital costs.	105132

(iii) The lease satisfies any other criteria specified in the	105133
rules.	105134

(d) Except in the case of hardship caused by a catastrophic	105135
event, as determined by the department, or in the case of a lessor	105136
who is at least sixty-five years of age, not less than twenty	105137
years have elapsed since, for the same facility, the capital cost	105138
basis was adjusted most recently under division (F)(4) of this	105139
section or actual, allowable capital costs were determined most	105140
recently under division (G)(9) of this section.	105141

(10) This division does not apply to leases of specific items	105142
of equipment.	105143

Sec. 5111.251. (A) The department of job and family services	105144
shall pay a provider for each of the provider's eligible	105145
intermediate care facilities for the mentally retarded for its	105146
reasonable capital costs, a per resident per day rate established	105147
prospectively each fiscal year for each intermediate care facility	105148
for the mentally retarded. Except as otherwise provided in	105149
sections 5111.20 to ~~5111.33~~5111.331 of the Revised Code, the rate	105150
shall be based on the facility's capital costs for the calendar	105151
year preceding the fiscal year in which the rate will be paid. The	105152
rate shall equal the sum of the following:	105153

(1) The facility's desk-reviewed, actual, allowable, per diem	105154
cost of ownership for the preceding cost reporting period, limited	105155
as provided in divisions (C) and (F) of this section;	105156

(2) Any efficiency incentive determined under division (B) of	105157
this section;	105158

(3) Any amounts for renovations determined under division (D)	105159
of this section;	105160

(4) Any amounts for return on equity determined under	105161
division ~~(I)~~(H) of this section.	105162

Buildings shall be depreciated using the straight line method	105163
over forty years or over a different period approved by the	105164
department. Components and equipment shall be depreciated using	105165
the straight line method over a period designated by the director	105166
of job and family services in rules adopted under section 5111.02	105167
of the Revised Code, consistent with the guidelines of the	105168
American hospital association, or over a different period approved	105169
by the department of job and family services. Any rules authorized	105170
by this division that specify useful lives of buildings,	105171
components, or equipment apply only to assets acquired on or after	105172
July 1, 1993. Depreciation for costs paid or reimbursed by any	105173
government agency shall not be included in costs of ownership or	105174
renovation unless that part of the payment under sections 5111.20	105175
to ~~5111.33~~5111.331 of the Revised Code is used to reimburse the	105176
government agency.	105177

(B) The department of job and family services shall pay to a	105178
provider for each of the provider's eligible intermediate care	105179
facilities for the mentally retarded an efficiency incentive equal	105180
to fifty per cent of the difference between any desk-reviewed,	105181
actual, allowable cost of ownership and the applicable limit on	105182
cost of ownership payments under division (C) of this section. For	105183
purposes of computing the efficiency incentive, depreciation for	105184
costs paid or reimbursed by any government agency shall be	105185
considered as a cost of ownership, and the applicable limit under	105186
division (C) of this section shall apply both to facilities with	105187
more than eight beds and facilities with eight or fewer beds. The	105188
efficiency incentive paid to a provider for a facility with eight	105189
or fewer beds shall not exceed three dollars per patient day,	105190
adjusted annually for the inflation rate for the twelve-month	105191
period beginning on the first day of July of the calendar year	105192
preceding the calendar year that precedes the fiscal year for	105193
which the efficiency incentive is determined and ending on the	105194
thirtieth day of the following June, using the consumer price	105195
index for shelter costs for all urban consumers for the north	105196
central region, as published by the United States bureau of labor	105197
statistics.	105198

(C) Cost of ownership payments for intermediate care	105199
facilities for the mentally retarded with more than eight beds	105200
shall not exceed the following limits:	105201

(1) For facilities with dates of licensure prior to January	105202
1, l958, not exceeding two dollars and fifty cents per patient	105203
day;	105204

(2) For facilities with dates of licensure after December	105205
31, l957, but prior to January 1, l968, not exceeding:	105206

(a) Three dollars and fifty cents per patient day if the cost	105207
of construction was three thousand five hundred dollars or more	105208
per bed;	105209

(b) Two dollars and fifty cents per patient day if the cost	105210
of construction was less than three thousand five hundred dollars	105211
per bed.	105212

(3) For facilities with dates of licensure after December 31,	105213
l967, but prior to January 1, l976, not exceeding:	105214

(a) Four dollars and fifty cents per patient day if the cost	105215
of construction was five thousand one hundred fifty dollars or	105216
more per bed;	105217

(b) Three dollars and fifty cents per patient day if the cost	105218
of construction was less than five thousand one hundred fifty	105219
dollars per bed, but exceeds three thousand five hundred dollars	105220
per bed;	105221

(c) Two dollars and fifty cents per patient day if the cost	105222
of construction was three thousand five hundred dollars or less	105223
per bed.	105224

(4) For facilities with dates of licensure after December 31,	105225
l975, but prior to January 1, l979, not exceeding:	105226

(a) Five dollars and fifty cents per patient day if the cost	105227
of construction was six thousand eight hundred dollars or more per	105228
bed;	105229

(b) Four dollars and fifty cents per patient day if the cost	105230
of construction was less than six thousand eight hundred dollars	105231
per bed but exceeds five thousand one hundred fifty dollars per	105232
bed;	105233

(c) Three dollars and fifty cents per patient day if the cost	105234
of construction was five thousand one hundred fifty dollars or	105235
less per bed, but exceeds three thousand five hundred dollars per	105236
bed;	105237

(d) Two dollars and fifty cents per patient day if the cost	105238
of construction was three thousand five hundred dollars or less	105239
per bed.	105240

(5) For facilities with dates of licensure after December 31,	105241
l978, but prior to January 1, l980, not exceeding:	105242

(a) Six dollars per patient day if the cost of construction	105243
was seven thousand six hundred twenty-five dollars or more per	105244
bed;	105245

(b) Five dollars and fifty cents per patient day if the cost	105246
of construction was less than seven thousand six hundred	105247
twenty-five dollars per bed but exceeds six thousand eight hundred	105248
dollars per bed;	105249

(c) Four dollars and fifty cents per patient day if the cost	105250
of construction was six thousand eight hundred dollars or less per	105251
bed but exceeds five thousand one hundred fifty dollars per bed;	105252

(d) Three dollars and fifty cents per patient day if the cost	105253
of construction was five thousand one hundred fifty dollars or	105254
less but exceeds three thousand five hundred dollars per bed;	105255

(e) Two dollars and fifty cents per patient day if the cost	105256
of construction was three thousand five hundred dollars or less	105257
per bed.	105258

(6) For facilities with dates of licensure after December 31,	105259
1979, but prior to January 1, 1981, not exceeding:	105260

(a) Twelve dollars per patient day if the beds were	105261
originally licensed as residential facility beds by the department	105262
of developmental disabilities;	105263

(b) Six dollars per patient day if the beds were originally	105264
licensed as nursing home beds by the department of health.	105265

(7) For facilities with dates of licensure after December 31,	105266
1980, but prior to January 1, 1982, not exceeding:	105267

(a) Twelve dollars per patient day if the beds were	105268
originally licensed as residential facility beds by the department	105269
of developmental disabilities;	105270

(b) Six dollars and forty-five cents per patient day if the	105271
beds were originally licensed as nursing home beds by the	105272
department of health.	105273

(8) For facilities with dates of licensure after December 31,	105274
1981, but prior to January 1, 1983, not exceeding:	105275

(a) Twelve dollars per patient day if the beds were	105276
originally licensed as residential facility beds by the department	105277
of developmental disabilities;	105278

(b) Six dollars and seventy-nine cents per patient day if the	105279
beds were originally licensed as nursing home beds by the	105280
department of health.	105281

(9) For facilities with dates of licensure after December 31,	105282
1982, but prior to January 1, 1984, not exceeding:	105283

(a) Twelve dollars per patient day if the beds were	105284
originally licensed as residential facility beds by the department	105285
of developmental disabilities;	105286

(b) Seven dollars and nine cents per patient day if the beds	105287
were originally licensed as nursing home beds by the department of	105288
health.	105289

(10) For facilities with dates of licensure after December	105290
31, 1983, but prior to January 1, 1985, not exceeding:	105291

(a) Twelve dollars and twenty-four cents per patient day if	105292
the beds were originally licensed as residential facility beds by	105293
the department of developmental disabilities;	105294

(b) Seven dollars and twenty-three cents per patient day if	105295
the beds were originally licensed as nursing home beds by the	105296
department of health.	105297

(11) For facilities with dates of licensure after December	105298
31, 1984, but prior to January 1, 1986, not exceeding:	105299

(a) Twelve dollars and fifty-three cents per patient day if	105300
the beds were originally licensed as residential facility beds by	105301
the department of developmental disabilities;	105302

(b) Seven dollars and forty cents per patient day if the beds	105303
were originally licensed as nursing home beds by the department of	105304
health.	105305

(12) For facilities with dates of licensure after December	105306
31, 1985, but prior to January 1, 1987, not exceeding:	105307

(a) Twelve dollars and seventy cents per patient day if the	105308
beds were originally licensed as residential facility beds by the	105309
department of developmental disabilities;	105310

(b) Seven dollars and fifty cents per patient day if the beds	105311
were originally licensed as nursing home beds by the department of	105312
health.	105313

(13) For facilities with dates of licensure after December	105314
31, 1986, but prior to January 1, 1988, not exceeding:	105315

(a) Twelve dollars and ninety-nine cents per patient day if	105316
the beds were originally licensed as residential facility beds by	105317
the department of developmental disabilities;	105318

(b) Seven dollars and sixty-seven cents per patient day if	105319
the beds were originally licensed as nursing home beds by the	105320
department of health.	105321

(14) For facilities with dates of licensure after December	105322
31, 1987, but prior to January 1, 1989, not exceeding thirteen	105323
dollars and twenty-six cents per patient day;	105324

(15) For facilities with dates of licensure after December	105325
31, 1988, but prior to January 1, 1990, not exceeding thirteen	105326
dollars and forty-six cents per patient day;	105327

(16) For facilities with dates of licensure after December	105328
31, 1989, but prior to January 1, 1991, not exceeding thirteen	105329
dollars and sixty cents per patient day;	105330

(17) For facilities with dates of licensure after December	105331
31, 1990, but prior to January 1, 1992, not exceeding thirteen	105332
dollars and forty-nine cents per patient day;	105333

(18) For facilities with dates of licensure after December	105334
31, 1991, but prior to January 1, 1993, not exceeding thirteen	105335
dollars and sixty-seven cents per patient day;	105336

(19) For facilities with dates of licensure after December	105337
31, 1992, not exceeding fourteen dollars and twenty-eight cents	105338
per patient day.	105339

(D) Beginning January 1, 1981, regardless of the original	105340
date of licensure, the department of job and family services shall	105341
pay a rate for the per diem capitalized costs of renovations to	105342
intermediate care facilities for the mentally retarded made after	105343
January 1, l981, not exceeding six dollars per patient day using	105344
1980 as the base year and adjusting the amount annually until June	105345
30, 1993, for fluctuations in construction costs calculated by the	105346
department using the "Dodge building cost indexes, northeastern	105347
and north central states," published by Marshall and Swift. The	105348
payment provided for in this division is the only payment that	105349
shall be made for the capitalized costs of a nonextensive	105350
renovation of an intermediate care facility for the mentally	105351
retarded. Nonextensive renovation costs shall not be included in	105352
cost of ownership, and a nonextensive renovation shall not affect	105353
the date of licensure for purposes of division (C) of this	105354
section. This division applies to nonextensive renovations	105355
regardless of whether they are made by an owner or a lessee. If	105356
the tenancy of a lessee that has made renovations ends before the	105357
depreciation expense for the renovation costs has been fully	105358
reported, the former lessee shall not report the undepreciated	105359
balance as an expense.	105360

For a nonextensive renovation to qualify for payment under	105361
this division, both of the following conditions must be met:	105362

(1) At least five years have elapsed since the date of	105363
licensure or date of an extensive renovation of the portion of the	105364
facility that is proposed to be renovated, except that this	105365
condition does not apply if the renovation is necessary to meet	105366
the requirements of federal, state, or local statutes, ordinances,	105367
rules, or policies.	105368

(2) The provider has obtained prior approval from the	105369
department of job and family services. The provider shall submit a	105370
plan that describes in detail the changes in capital assets to be	105371
accomplished by means of the renovation and the timetable for	105372
completing the project. The time for completion of the project	105373
shall be no more than eighteen months after the renovation begins.	105374
The director of job and family services shall adopt rules under	105375
section 5111.02 of the Revised Code that specify criteria and	105376
procedures for prior approval of renovation projects. No provider	105377
shall separate a project with the intent to evade the	105378
characterization of the project as a renovation or as an extensive	105379
renovation. No provider shall increase the scope of a project	105380
after it is approved by the department of job and family services	105381
unless the increase in scope is approved by the department.	105382

(E) The amounts specified in divisions (C) and (D) of this	105383
section shall be adjusted beginning July 1, 1993, for the	105384
estimated inflation for the twelve-month period beginning on the	105385
first day of July of the calendar year preceding the calendar year	105386
that precedes the fiscal year for which rate will be paid and	105387
ending on the thirtieth day of the following June, using the	105388
consumer price index for shelter costs for all urban consumers for	105389
the north central region, as published by the United States bureau	105390
of labor statistics.	105391

(F)(1) For facilities of eight or fewer beds that have dates	105392
of licensure or have been granted project authorization by the	105393
department of developmental disabilities before July 1, 1993, and	105394
for facilities of eight or fewer beds that have dates of licensure	105395
or have been granted project authorization after that date if the	105396
providers of the facilities demonstrate that they made substantial	105397
commitments of funds on or before that date, cost of ownership	105398
shall not exceed eighteen dollars and thirty cents per resident	105399
per day. The eighteen-dollar and thirty-cent amount shall be	105400
increased by the change in the "Dodge building cost indexes,	105401
northeastern and north central states," published by Marshall and	105402
Swift, during the period beginning June 30, 1990, and ending July	105403
1, 1993, and by the change in the consumer price index for shelter	105404
costs for all urban consumers for the north central region, as	105405
published by the United States bureau of labor statistics,	105406
annually thereafter.	105407

(2) For facilities with eight or fewer beds that have dates	105408
of licensure or have been granted project authorization by the	105409
department of developmental disabilities on or after July 1, 1993,	105410
for which substantial commitments of funds were not made before	105411
that date, cost of ownership payments shall not exceed the	105412
applicable amount calculated under division (F)(1) of this	105413
section, if the department of job and family services gives prior	105414
approval for construction of the facility. If the department does	105415
not give prior approval, cost of ownership payments shall not	105416
exceed the amount specified in division (C) of this section.	105417

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	105418
section, the total payment for cost of ownership, cost of	105419
ownership efficiency incentive, and capitalized costs of	105420
renovations for an intermediate care facility for the mentally	105421
retarded with eight or fewer beds shall not exceed the sum of the	105422
limitations specified in divisions (C) and (D) of this section.	105423

(G) Notwithstanding any provision of this section or section	105424
5111.241 of the Revised Code, the director of job and family	105425
services may adopt rules under section 5111.02 of the Revised Code	105426
that provide for a calculation of a combined maximum payment limit	105427
for indirect care costs and cost of ownership for intermediate	105428
care facilities for the mentally retarded with eight or fewer	105429
beds.	105430

(H) ~~After the date on which a transaction of sale is closed,~~	105431
~~the provider shall refund to the department the amount of excess~~	105432
~~depreciation paid to the provider for the facility by the~~	105433
~~department for each year the provider has operated the facility~~	105434
~~under a provider agreement and prorated according to the number of~~	105435
~~medicaid patient days for which the provider has received payment~~	105436
~~for the facility. For the purposes of this division, "depreciation~~	105437
~~paid to the provider for the facility" means the amount paid to~~	105438
~~the provider for the intermediate care facility for the mentally~~	105439
~~retarded for cost of ownership pursuant to this section less any~~	105440
~~amount paid for interest costs. For the purposes of this division,~~	105441
~~"excess depreciation" is the intermediate care facility for the~~	105442
~~mentally retarded's depreciated basis, which is the provider's~~	105443
~~cost less accumulated depreciation, subtracted from the purchase~~	105444
~~price but not exceeding the amount of depreciation paid to the~~	105445
~~provider for the facility.~~	105446

~~(I)~~ The department of job and family services shall pay a	105447
provider for each of the provider's eligible proprietary	105448
intermediate care facilities for the mentally retarded a return on	105449
the facility's net equity computed at the rate of one and one-half	105450
times the average of interest rates on special issues of public	105451
debt obligations issued to the federal hospital insurance trust	105452
fund for the cost reporting period. No facility's return on net	105453
equity paid under this division shall exceed one dollar per	105454
patient day.	105455

In calculating the rate for return on net equity, the	105456
department shall use the greater of the facility's inpatient days	105457
during the applicable cost reporting period or the number of	105458
inpatient days the facility would have had during that period if	105459
its occupancy rate had been ninety-five per cent.	105460

~~(J)~~(I)(1) Except as provided in division ~~(J)~~(I)(2) of this	105461
section, if a provider leases or transfers an interest in a	105462
facility to another provider who is a related party, the related	105463
party's allowable cost of ownership shall include the lesser of	105464
the following:	105465

(a) The annual lease expense or actual cost of ownership,	105466
whichever is applicable;	105467

(b) The reasonable cost to the lessor or provider making the	105468
transfer.	105469

(2) If a provider leases or transfers an interest in a	105470
facility to another provider who is a related party, regardless of	105471
the date of the lease or transfer, the related party's allowable	105472
cost of ownership shall include the annual lease expense or actual	105473
cost of ownership, whichever is applicable, subject to the	105474
limitations specified in divisions (B) to ~~(I)~~(H) of this section,	105475
if all of the following conditions are met:	105476

(a) The related party is a relative of owner;

105477

(b) In the case of a lease, if the lessor retains any	105478
ownership interest, it is, except as provided in division	105479
~~(J)~~(I)(2)(d)(ii) of this section, in only the real property and	105480
any improvements on the real property;	105481

(c) In the case of a transfer, the provider making the	105482
transfer retains, except as provided in division ~~(J)~~(I)(2)(d)(iv)	105483
of this section, no ownership interest in the facility;	105484

(d) The department of job and family services determines that	105485
the lease or transfer is an arm's length transaction pursuant to	105486
rules adopted under section 5111.02 of the Revised Code. The rules	105487
shall provide that a lease or transfer is an arm's length	105488
transaction if all of the following, as applicable, apply:	105489

(i) In the case of a lease, once the lease goes into effect,	105490
the lessor has no direct or indirect interest in the lessee or,	105491
except as provided in division ~~(J)~~(I)(2)(b) of this section, the	105492
facility itself, including interest as an owner, officer,	105493
director, employee, independent contractor, or consultant, but	105494
excluding interest as a lessor.	105495

(ii) In the case of a lease, the lessor does not reacquire an	105496
interest in the facility except through the exercise of a lessor's	105497
rights in the event of a default. If the lessor reacquires an	105498
interest in the facility in this manner, the department shall	105499
treat the facility as if the lease never occurred when the	105500
department calculates its reimbursement rates for capital costs.	105501

(iii) In the case of a transfer, once the transfer goes into	105502
effect, the provider that made the transfer has no direct or	105503
indirect interest in the provider that acquires the facility or	105504
the facility itself, including interest as an owner, officer,	105505
director, employee, independent contractor, or consultant, but	105506
excluding interest as a creditor.	105507

(iv) In the case of a transfer, the provider that made the	105508
transfer does not reacquire an interest in the facility except	105509
through the exercise of a creditor's rights in the event of a	105510
default. If the provider reacquires an interest in the facility in	105511
this manner, the department shall treat the facility as if the	105512
transfer never occurred when the department calculates its	105513
reimbursement rates for capital costs.	105514

(v) The lease or transfer satisfies any other criteria	105515
specified in the rules.	105516

(e) Except in the case of hardship caused by a catastrophic	105517
event, as determined by the department, or in the case of a lessor	105518
or provider making the transfer who is at least sixty-five years	105519
of age, not less than twenty years have elapsed since, for the	105520
same facility, allowable cost of ownership was determined most	105521
recently under this division.	105522

Sec. 5111.254. (A) The department of job and family services	105523
shall establish initial rates for a nursing facility with a first	105524
date of licensure that is on or after July 1, 2006, including a	105525
facility that replaces one or more existing facilities, or for a	105526
nursing facility with a first date of licensure before that date	105527
that was initially certified for the medicaid program on or after	105528
that date, in the following manner:	105529

(1) The rate for direct care costs shall be the product of	105530
the cost per case-mix unit determined under division (D) of	105531
section 5111.231 of the Revised Code for the facility's peer group	105532
and the nursing facility's case-mix score. For the purpose of	105533
division (A)(1) of this section, the nursing facility's case-mix	105534
score shall be the following:	105535

(a) Unless the nursing facility replaces an existing nursing	105536
facility that participated in the medicaid program immediately	105537
before the replacement nursing facility begins participating in	105538
the medicaid program, the median annual average case-mix score for	105539
the nursing facility's peer group;	105540

(b) If the nursing facility replaces an existing nursing	105541
facility that participated in the medicaid program immediately	105542
before the replacement nursing facility begins participating in	105543
the medicaid program, the semiannual case-mix score most recently	105544
determined under section 5111.232 of the Revised Code for the	105545
replaced nursing facility as adjusted, if necessary, to reflect	105546
any difference in the number of beds in the replaced and	105547
replacement nursing facilities.	105548

(2) The rate for ancillary and support costs shall be the	105549
rate for the facility's peer group determined under division (D)	105550
of section 5111.24 of the Revised Code.	105551

(3) The rate for capital costs shall be the ~~median~~ rate for	105552
the facility's peer group determined under division (D) of section	105553
5111.25 of the Revised Code.	105554

(4) The rate for tax costs as defined in section 5111.242 of	105555
the Revised Code shall be the median rate for tax costs for the	105556
facility's peer group in which the facility is placed under	105557
division (C) of section 5111.24 of the Revised Code.	105558

(5) The quality incentive payment, if any, shall be the mean	105559
payment ~~specified in division (B) of~~made to nursing facilities	105560
under section 5111.244 of the Revised Code.	105561

(B) Subject to division (C) of this section, the department	105562
shall adjust the rates established under division (A) of this	105563
section effective the first day of July, to reflect new rate	105564
calculations for all nursing facilities under sections 5111.20 to	105565
~~5111.33~~5111.331 of the Revised Code.	105566

(C) If a rate for direct care costs is determined under this	105567
section for a nursing facility using the median annual average	105568
case-mix score for the nursing facility's peer group, the rate	105569
shall be redetermined to reflect the replacement nursing	105570
facility's actual semiannual case-mix score determined under	105571
section 5111.232 of the Revised Code after the nursing facility	105572
submits its first two quarterly assessment data that qualify for	105573
use in calculating a case-mix score in accordance with rules	105574
authorized by division (E) of section 5111.232 of the Revised	105575
Code. If the nursing facility's quarterly submissions do not	105576
qualify for use in calculating a case-mix score, the department	105577
shall continue to use the median annual average case-mix score for	105578
the nursing facility's peer group in lieu of the nursing	105579
facility's semiannual case-mix score until the nursing facility	105580
submits two consecutive quarterly assessment data that qualify for	105581
use in calculating a case-mix score.	105582

Sec. 5111.255. (A) The department of job and family services	105583
shall establish initial rates for an intermediate care facility	105584
for the mentally retarded with a first date of licensure that is	105585
on or after January 1, 1993, including a facility that replaces	105586
one or more existing facilities, or for an intermediate care	105587
facility for the mentally retarded with a first date of licensure	105588
before that date that was initially certified for the medicaid	105589
program on or after that date, in the following manner:	105590

(1) The rate for direct care costs shall be determined as	105591
follows:	105592

(a) If there are no cost or resident assessment data as	105593
necessary to calculate a rate under section 5111.23 of the Revised	105594
Code, the rate shall be the median cost per case-mix unit	105595
calculated under division (B)(1) of that section for the relevant	105596
peer group for the calendar year preceding the fiscal year in	105597
which the rate will be paid, multiplied by the median annual	105598
average case-mix score for the peer group for that period and by	105599
the rate of inflation estimated under division (B)(3) of that	105600
section. This rate shall be recalculated to reflect the facility's	105601
actual quarterly average case-mix score, in accordance with that	105602
section, after it submits its first quarterly assessment data that	105603
qualifies for use in calculating a case-mix score in accordance	105604
with rules authorized by division (E) of section 5111.232 of the	105605
Revised Code. If the facility's first two quarterly submissions do	105606
not contain assessment data that qualifies for use in calculating	105607
a case-mix score, the department shall continue to calculate the	105608
rate using the median annual case-mix score for the peer group in	105609
lieu of an assigned quarterly case-mix score. The department shall	105610
assign a case-mix score or, if necessary, a cost per case-mix unit	105611
under division (D) of section 5111.232 of the Revised Code for any	105612
subsequent submissions that do not contain assessment data that	105613
qualifies for use in calculating a case-mix score.	105614

(b) If the facility is a replacement facility and the	105615
facility or facilities that are being replaced are in operation	105616
immediately before the replacement facility opens, the rate shall	105617
be the same as the rate for the replaced facility or facilities,	105618
proportionate to the number of beds in each replaced facility. If	105619
one or more of the replaced facilities is not in operation	105620
immediately before the replacement facility opens, its proportion	105621
shall be determined under division (A)(1)(a) of this section.	105622

(2) The rate for other protected costs shall be one hundred	105623
fifteen per cent of the median rate for intermediate care	105624
facilities for the mentally retarded calculated for the fiscal	105625
year under section 5111.235 of the Revised Code.	105626

(3) The rate for indirect care costs shall be the applicable	105627
maximum rate for the facility's peer group as specified in	105628
division (B) of section 5111.241 of the Revised Code.	105629

(4) The rate for capital costs shall be determined under	105630
section 5111.251 of the Revised Code using the greater of actual	105631
inpatient days or an imputed occupancy rate of eighty per cent.	105632

(B) The department shall adjust the rates established under	105633
division (A) of this section at both of the following times:	105634

(1) Effective the first day of July, to reflect new rate	105635
calculations for all facilities under sections 5111.20 to ~~5111.33~~	105636
5111.331 of the Revised Code;	105637

(2) Following the provider's submission of the facility's	105638
cost report under division (A)(1)(b) of section 5111.26 of the	105639
Revised Code.	105640

The department shall pay the rate adjusted based on the cost	105641
report beginning the first day of the calendar quarter that begins	105642
more than ninety days after the department receives the cost	105643
report.	105644

Sec. 5111.258. (A) Notwithstanding sections 5111.20 to	105645
~~5111.33~~5111.331 of the Revised Code (except section 5111.259 of	105646
the Revised Code), the director of job and family services shall	105647
adopt rules under section 5111.02 of the Revised Code that	105648
establish a methodology for calculating the prospective rates that	105649
will be paid each fiscal year to a provider for each of the	105650
provider's eligible nursing facilities and intermediate care	105651
facilities for the mentally retarded, and discrete units of the	105652
provider's nursing facilities or intermediate care facilities for	105653
the mentally retarded, that serve residents who have diagnoses or	105654
special care needs that require direct care resources that are not	105655
measured adequately by the applicable assessment instrument	105656
specified in rules authorized by section 5111.232 of the Revised	105657
Code, or who have diagnoses or special care needs specified in the	105658
rules as otherwise qualifying for consideration under this	105659
section. The facilities and units of facilities whose rates are	105660
established under this division may include, but shall not be	105661
limited to, any of the following:	105662

(1) In the case of nursing facilities, facilities and units	105663
of facilities that serve medically fragile pediatric residents,	105664
residents who are dependent on ventilators, or residents who have	105665
severe traumatic brain injury, end-stage Alzheimer's disease, or	105666
end-stage acquired immunodeficiency syndrome;	105667

(2) In the case of intermediate care facilities for the	105668
mentally retarded, facilities and units of facilities that serve	105669
residents who have complex medical conditions or severe behavioral	105670
problems.	105671

The department shall use the methodology established under	105672
this division to pay for services rendered by such facilities and	105673
units after June 30, 1993.	105674

The rules authorized by this division shall specify the	105675
criteria and procedures the department will apply when designating	105676
facilities and units that qualify for calculation of rates under	105677
this division. The criteria shall include consideration of whether	105678
all of the allowable costs of the facility or unit would be paid	105679
by rates established under sections 5111.20 to ~~5111.33~~5111.331 of	105680
the Revised Code, and shall establish a minimum bed size for a	105681
facility or unit to qualify to have its rates established under	105682
this division. The criteria shall not be designed to require that	105683
residents be served only in facilities located in large cities.	105684
The methodology established by the rules shall consider the	105685
historical costs of providing care to the residents of the	105686
facilities or units.	105687

The rules may require that a facility designated under this	105688
division or containing a unit designated under this division	105689
receive authorization from the department to admit or retain a	105690
resident to the facility or unit and shall specify the criteria	105691
and procedures the department will apply when granting that	105692
authorization.	105693

Notwithstanding any other provision of sections 5111.20 to	105694
~~5111.33~~5111.331 of the Revised Code (except section 5111.259 of	105695
the Revised Code), the costs incurred by facilities or units whose	105696
rates are established under this division shall not be considered	105697
in establishing payment rates for other facilities or units.	105698

(B) The director may adopt rules under section 5111.02 of the	105699
Revised Code under which the department, notwithstanding any other	105700
provision of sections 5111.20 to ~~5111.33~~5111.331 of the Revised	105701
Code (except section 5111.259 of the Revised Code), may adjust	105702
the rates determined under sections 5111.20 to ~~5111.33~~5111.331 of	105703
the Revised Code for a facility that serves a resident who has a	105704
diagnosis or special care need that, in the rules authorized by	105705
division (A) of this section, would qualify a facility or unit of	105706
a facility to have its rate determined under that division, but	105707
who is not in such a unit. The rules may require that a facility	105708
that qualifies for a rate adjustment under this division receive	105709
authorization from the department to admit or retain a resident	105710
who qualifies the facility for the rate adjustment and shall	105711
specify the criteria and procedures the department will apply when	105712
granting that authorization.	105713

Sec. 5111.259. The director of job and family services may	105714
submit a request to the United States secretary of health and	105715
human services for approval to establish a centers of excellence	105716
component of the medicaid program. The purpose of the centers of	105717
excellence component is to increase the efficiency and quality of	105718
nursing facility services provided to medicaid recipients with	105719
complex nursing facility service needs. If federal approval for	105720
the centers of excellence component is granted, the director may	105721
adopt rules under section 5111.02 of the Revised Code governing	105722
the component, including rules that establish a method of	105723
determining the medicaid reimbursement rates for nursing	105724
facilities providing nursing facility services to medicaid	105725
recipients participating in the component. The rules may specify	105726
the extent to which, if any, of the provisions of section 5111.258	105727
of the Revised Code are to apply to the centers of excellence	105728
component. If such rules are adopted, the nursing facilities that	105729
provide nursing facility services to medicaid recipients	105730
participating in the centers of excellence component shall be paid	105731
for those services in accordance with the method established in	105732
the rules notwithstanding anything to the contrary in sections	105733
5111.20 to 5111.331 of the Revised Code.	105734

Sec. 5111.261. (A) Except as provided in division (B) of	105735
this section and not later than three years after a provider files	105736
a cost report with the department of job and family services under	105737
section 5111.26 of the Revised Code, the provider may amend the	105738
cost report if the provider discovers a material error in the cost	105739
report or additional information to be included in the cost	105740
report. The department shall review the amended cost report for	105741
accuracy and notify the provider of its determination.	105742

(B) A provider may not amend a cost report if the department	105743
has notified the provider that an audit of the cost report or a	105744
cost report of the provider for a subsequent cost reporting period	105745
is to be conducted under section 5111.27 of the Revised Code. The	105746
provider may, however, provide the department information that	105747
affects the costs included in the cost report. Such information	105748
may not be provided after the adjudication of the final settlement	105749
of the cost report.	105750

Sec. 5111.262. No person, other than the provider of a	105751
nursing facility, shall submit a claim for medicaid reimbursement	105752
for a service provided to a nursing facility resident if the	105753
service is included in a medicaid payment made to the provider of	105754
a nursing facility under sections 5111.20 to 5111.33 of the	105755
Revised Code or in the reimbursable expenses reported on a	105756
provider's cost report for a nursing facility. No provider of a	105757
nursing facility shall submit a separate claim for medicaid	105758
reimbursement for a service provided to a resident of the nursing	105759
facility if the service is included in a medicaid payment made to	105760
the provider under sections 5111.20 to ~~5111.33~~5111.331 of the	105761
Revised Code or in the reimbursable expenses on the provider's	105762
cost report for the nursing facility.	105763

~~Sec. 5111.261.~~ Sec. 5111.263. Except as otherwise provided in	105764
section 5111.264 of the Revised Code, the department of job and	105765
family services, in determining whether an intermediate care	105766
facility for the mentally retarded's direct care costs and	105767
indirect care costs are allowable, shall place no limit on	105768
specific categories of reasonable costs other than compensation of	105769
owners, compensation of relatives of owners, and compensation of	105770
administrators.	105771

Compensation cost limits for owners and relatives of owners	105772
shall be based on compensation costs for individuals who hold	105773
comparable positions but who are not owners or relatives of	105774
owners, as reported on facility cost reports. As used in this	105775
section, "comparable position" means the position that is held by	105776
the owner or the owner's relative, if that position is listed	105777
separately on the cost report form, or if the position is not	105778
listed separately, the group of positions that is listed on the	105779
cost report form and that includes the position held by the owner	105780
or the owner's relative. In the case of an owner or owner's	105781
relative who serves the facility in a capacity such as corporate	105782
officer, proprietor, or partner for which no comparable position	105783
or group of positions is listed on the cost report form, the	105784
compensation cost limit shall be based on civil service	105785
equivalents and shall be specified in rules adopted under section	105786
5111.02 of the Revised Code.	105787

Compensation cost limits for administrators shall be based on	105788
compensation costs for administrators who are not owners or	105789
relatives of owners, as reported on facility cost reports.	105790
Compensation cost limits for administrators of four or more	105791
intermediate care facilities for the mentally retarded shall be	105792
the same as the limits for administrators of intermediate care	105793
facilities for the mentally retarded with one hundred fifty or	105794
more beds.	105795

Sec. 5111.27. (A) The department of job and family services	105796
shall conduct a desk review of each cost report it receives under	105797
section 5111.26 of the Revised Code. Based on the desk review, the	105798
department shall make a preliminary determination of whether the	105799
reported costs are allowable costs. The department shall notify	105800
each provider of whether any of the reported costs are	105801
preliminarily determined not to be allowable, the rate calculation	105802
under sections 5111.20 to ~~5111.33~~5111.331 of the Revised Code	105803
that results from that determination, and the reasons for the	105804
determination and resulting rate. The department shall allow the	105805
provider to verify the calculation and submit additional	105806
information.	105807

(B) The department may conduct an audit, as defined by rule	105808
adopted under section 5111.02 of the Revised Code, of any cost	105809
report ~~and shall notify the provider of its findings.~~	105810

~~Audits shall be conducted by auditors under contract with or~~	105811
~~employed by the department~~. The decision whether to conduct an	105812
audit and the scope of the audit, which may be a desk or field	105813
audit, ~~shall~~may be determined based on prior performance of the	105814
provider ~~and may be based on~~, a risk analysis, or other evidence	105815
that gives the department reason to believe that the provider has	105816
reported costs improperly. A desk or field audit may be performed	105817
annually, but is required whenever a provider does not pass the	105818
risk analysis tolerance factors. An audit shall be conducted by	105819
auditors under contract with or employed by the department. The	105820
department shall notify a provider of the findings of an audit by	105821
issuing an audit report. The department shall issue the audit	105822
report no later than three years after the cost report is filed,	105823
or upon the completion of a desk or field audit on the report or a	105824
report for a subsequent cost reporting period, whichever is	105825
earlier. ~~During the time within which the department may issue an~~	105826
~~audit report, the provider may amend the cost report upon~~	105827
~~discovery of a material error or material additional information.~~	105828
~~The department shall review the amended cost report for accuracy~~	105829
~~and notify the provider of its determination.~~	105830

The department may establish a contract for the auditing of	105831
facilities by outside firms. Each contract entered into by bidding	105832
shall be effective for one to two years. The department shall	105833
establish an audit manual and program which shall require that all	105834
field audits, conducted either pursuant to a contract or by	105835
department employees:	105836

(1) Comply with the applicable rules prescribed pursuant to	105837
Titles XVIII and XIX;	105838

(2) Consider generally accepted auditing standards prescribed	105839
by the American institute of certified public accountants;	105840

(3) Include a written summary as to whether the costs	105841
included in the report examined during the audit are allowable and	105842
are presented ~~fairly~~ in accordance with ~~generally accepted~~	105843
~~accounting principles and department rules~~state and federal laws	105844
and regulations, and whether, in all material respects, allowable	105845
costs are documented, reasonable, and related to patient care;	105846

(4) Are conducted by accounting firms or auditors who, during	105847
the period of the auditors' professional engagement or employment	105848
and during the period covered by the cost reports, do not have nor	105849
are committed to acquire any direct or indirect financial interest	105850
in the ownership, financing, or operation of a nursing facility or	105851
intermediate care facility for the mentally retarded in this	105852
state;	105853

(5) Are conducted by accounting firms or auditors who, as a	105854
condition of the contract or employment, shall not audit any	105855
facility that has been a client of the firm or auditor;	105856

(6) Are conducted by auditors who are otherwise independent	105857
as determined by the standards of independence ~~established by~~	105858
included in the ~~American institute of certified public accountants~~	105859
government auditing standards produced by the United States	105860
government accountability office;	105861

(7) Are completed within the time period specified by the	105862
department;	105863

(8) Provide to the provider complete written interpretations	105864
that explain in detail the application of all relevant contract	105865
provisions, regulations, auditing standards, rate formulae, and	105866
departmental policies, with explanations and examples, that are	105867
sufficient to permit the provider to calculate with reasonable	105868
certainty those costs that are allowable and the rate to which the	105869
provider's facility is entitled.	105870

For the purposes of division (B)(4) of this section,	105871
employment of a member of an auditor's family by a nursing	105872
facility or intermediate care facility for the mentally retarded	105873
that the auditor does not review does not constitute a direct or	105874
indirect financial interest in the ownership, financing, or	105875
operation of the facility.	105876

(C) The department, pursuant to rules adopted under section	105877
5111.02 of the Revised Code, may conduct an exception review of	105878
assessment data submitted under section 5111.232 of the Revised	105879
Code. The department may conduct an exception review based on the	105880
findings of a certification survey conducted by the department of	105881
health, a risk analysis, or prior performance of the provider.	105882

Exception reviews shall be conducted at the facility by	105883
appropriate health professionals under contract with or employed	105884
by the department of job and family services. The professionals	105885
may review resident assessment forms and supporting documentation,	105886
conduct interviews, and observe residents to identify any patterns	105887
or trends of inaccurate assessments and resulting inaccurate	105888
case-mix scores.	105889

The rules shall establish an exception review program that	105890
requires that exception reviews do all of the following:	105891

(1) Comply with Titles XVIII and XIX;

105892

(2) Provide a written summary that states whether the	105893
resident assessment forms have been completed accurately;	105894

(3) Are conducted by health professionals who, during the	105895
period of their professional engagement or employment with the	105896
department, neither have nor are committed to acquire any direct	105897
or indirect financial interest in the ownership, financing, or	105898
operation of a nursing facility or intermediate care facility for	105899
the mentally retarded in this state;	105900

(4) Are conducted by health professionals who, as a condition	105901
of their engagement or employment with the department, shall not	105902
review any provider that has been a client of the professional.	105903

For the purposes of division (C)(3) of this section,	105904
employment of a member of a health professional's family by a	105905
nursing facility or intermediate care facility for the mentally	105906
retarded that the professional does not review does not constitute	105907
a direct or indirect financial interest in the ownership,	105908
financing, or operation of the facility.	105909

If an exception review is conducted before the effective date	105910
of the rate that is based on the case-mix data subject to the	105911
review and the review results in findings that exceed tolerance	105912
levels specified in the rules adopted under this division, the	105913
department, in accordance with those rules, may use the findings	105914
to recalculate individual resident case-mix scores, quarterly	105915
average facility case-mix scores, and annual average facility	105916
case-mix scores. The department may use the recalculated quarterly	105917
and annual facility average case-mix scores to calculate the	105918
facility's rate for direct care costs for the appropriate calendar	105919
quarter or quarters.	105920

(D) The department shall prepare a written summary of any	105921
audit disallowance or exception review finding that is made after	105922
the effective date of the rate that is based on the cost or	105923
case-mix data. Where the provider is pursuing judicial or	105924
administrative remedies in good faith regarding the disallowance	105925
or finding, the department shall not withhold from the provider's	105926
current payments any amounts the department claims to be due from	105927
the provider pursuant to section 5111.28 of the Revised Code.	105928

(E) The department shall not reduce rates calculated under	105929
sections 5111.20 to ~~5111.33~~5111.331 of the Revised Code on the	105930
basis that the provider charges a lower rate to any resident who	105931
is not eligible for the medicaid program.	105932

(F) The department shall adjust the rates calculated under	105933
sections 5111.20 to ~~5111.33~~5111.331 of the Revised Code to	105934
account for reasonable additional costs that must be incurred by	105935
intermediate care facilities for the mentally retarded to comply	105936
with requirements of federal or state statutes, rules, or policies	105937
enacted or amended after January 1, 1992, or with orders issued by	105938
state or local fire authorities.	105939

Sec. 5111.28. (A) If a provider properly amends its cost	105940
report under section ~~5111.27~~5111.261 of the Revised Code and the	105941
amended report shows that the provider received a lower rate under	105942
the original cost report than it was entitled to receive, the	105943
department of job and family services shall adjust the provider's	105944
rate prospectively to reflect the corrected information. The	105945
department shall pay the adjusted rate beginning two months after	105946
the first day of the month after the provider files the amended	105947
cost report. If the department finds, from an exception review of	105948
resident assessment information conducted after the effective date	105949
of the rate for direct care costs that is based on the assessment	105950
information, that inaccurate assessment information resulted in	105951
the provider receiving a lower rate than it was entitled to	105952
receive, the department prospectively shall adjust the provider's	105953
rate accordingly and shall make payments using the adjusted rate	105954
for the remainder of the calendar quarter for which the assessment	105955
information is used to determine the rate, beginning one month	105956
after the first day of the month after the exception review is	105957
completed.	105958

(B) If the provider properly amends its cost report under	105959
section ~~5111.27~~5111.261 of the Revised Code, the department makes	105960
a finding based on an audit under ~~that~~ section 5111.27 of the	105961
Revised Code, or the department makes a finding based on an	105962
exception review of resident assessment information conducted	105963
under ~~that~~ section 5111.27 of the Revised Code after the effective	105964
date of the rate for direct care costs that is based on the	105965
assessment information, any of which results in a determination	105966
that the provider has received a higher rate than it was entitled	105967
to receive, the department shall recalculate the provider's rate	105968
using the revised information. The department shall apply the	105969
recalculated rate to the periods when the provider received the	105970
incorrect rate to determine the amount of the overpayment. The	105971
provider shall refund the amount of the overpayment.	105972

In addition to requiring a refund under this division, the	105973
department may charge the provider interest at the applicable rate	105974
specified in this division from the time the overpayment was made.	105975

(1) If the overpayment resulted from costs reported for	105976
calendar year 1993, the interest shall be no greater than one and	105977
one-half times the average bank prime rate.	105978

(2) If the overpayment resulted from costs reported for	105979
subsequent calendar years:	105980

(a) The interest shall be no greater than two times the	105981
average bank prime rate if the overpayment was equal to or less	105982
than one per cent of the total medicaid payments to the provider	105983
for the fiscal year for which the incorrect information was used	105984
to establish a rate.	105985

(b) The interest shall be no greater than two and one-half	105986
times the current average bank prime rate if the overpayment was	105987
greater than one per cent of the total medicaid payments to the	105988
provider for the fiscal year for which the incorrect information	105989
was used to establish a rate.	105990

105991

(1) If a provider does not furnish invoices or other	105992
documentation that the department requests during an audit within	105993
sixty days after the request, no more than the greater of one	105994
thousand dollars per audit or twenty-five per cent of the	105995
cumulative amount by which the costs for which documentation was	105996
not furnished increased the total medicaid payments to the	105997
provider during the fiscal year for which the costs were used to	105998
establish a rate;	105999

(2) If an exiting operator or owner fails to provide notice	106000
of a facility closure, voluntary termination, or voluntary	106001
withdrawal of participation in the medicaid program as required by	106002
section 5111.66 of the Revised Code, or an exiting operator or	106003
owner and entering operator fail to provide notice of a change of	106004
operator as required by section 5111.67 of the Revised Code, no	106005
more than the current average bank prime rate plus four per cent	106006
of the last two monthly payments.	106007

(D) If the provider continues to participate in the medicaid	106008
program, the department shall deduct any amount that the provider	106009
is required to refund under this section, and the amount of any	106010
interest charged or penalty imposed under this section, from the	106011
next available payment from the department to the provider. The	106012
department and the provider may enter into an agreement under	106013
which the amount, together with interest, is deducted in	106014
installments from payments from the department to the provider.	106015

(E) The department shall transmit refunds and penalties to	106016
the treasurer of state for deposit in the general revenue fund.	106017

(F) For the purpose of this section, the department shall	106018
determine the average bank prime rate using statistical release	106019
H.15, "selected interest rates," a weekly publication of the	106020
federal reserve board, or any successor publication. If	106021
statistical release H.15, or its successor, ceases to contain the	106022
bank prime rate information or ceases to be published, the	106023
department shall request a written statement of the average bank	106024
prime rate from the federal reserve bank of Cleveland or the	106025
federal reserve board.	106026

Sec. 5111.29. (A) The director of job and family services	106027
shall adopt rules under section 5111.02 of the Revised Code that	106028
establish a process under which a provider, or a group or	106029
association of providers, may seek reconsideration of rates	106030
established under sections 5111.20 to ~~5111.33~~5111.331 of the	106031
Revised Code, including a rate for direct care costs recalculated	106032
before the effective date of the rate as a result of an exception	106033
review of resident assessment information conducted under section	106034
5111.27 of the Revised Code.	106035

(1) Except as provided in divisions (A)(2) to (4) of this	106036
section, the only issue that a provider, group, or association may	106037
raise in the rate reconsideration shall be whether the rate was	106038
calculated in accordance with sections 5111.20 to ~~5111.33~~5111.331	106039
of the Revised Code and the rules adopted under section 5111.02 of	106040
the Revised Code. The rules shall permit a provider, group, or	106041
association to submit written arguments or other materials that	106042
support its position. The rules shall specify time frames within	106043
which the provider, group, or association and the department must	106044
act. If the department determines, as a result of the rate	106045
reconsideration, that the rate established for one or more	106046
facilities of a provider is less than the rate to which the	106047
facility is entitled, the department shall increase the rate. If	106048
the department has paid the incorrect rate for a period of time,	106049
the department shall pay the provider the difference between the	106050
amount the provider was paid for that period for the facility and	106051
the amount the provider should have been paid for the facility.	106052

(2) The rules shall provide that during a fiscal year, the	106053
department, by means of the rate reconsideration process, may	106054
increase the rate determined for an intermediate care facility for	106055
the mentally retarded as calculated under sections 5111.20 to	106056
~~5111.33~~5111.331 of the Revised Code if the provider of the	106057
facility demonstrates that the facility's actual, allowable costs	106058
have increased because of extreme circumstances. A facility may	106059
qualify for a rate increase only if the facility's per diem,	106060
actual, allowable costs have increased to a level that exceeds its	106061
total rate. The rules shall specify the circumstances that would	106062
justify a rate increase under division (A)(2) of this section. The	106063
rules shall provide that the extreme circumstances include natural	106064
disasters, renovations approved under division (D) of section	106065
5111.251 of the Revised Code, an increase in workers' compensation	106066
experience rating of greater than five per cent for a facility	106067
that has an appropriate claims management program, increased	106068
security costs for an inner-city facility, and a change of	106069
ownership that results from bankruptcy, foreclosure, or findings	106070
of violations of certification requirements by the department of	106071
health. An increase under division (A)(2) of this section is	106072
subject to any rate limitations or maximum rates established by	106073
sections 5111.20 to ~~5111.33~~5111.331 of the Revised Code for	106074
specific cost centers. Any rate increase granted under division	106075
(A)(2) of this section shall take effect on the first day of the	106076
first month after the department receives the request.	106077

(3) The rules shall provide that the department, through the	106078
rate reconsideration process, may increase an intermediate care	106079
facility for the mentally retarded's rate as calculated under	106080
sections 5111.20 to ~~5111.33~~5111.331 of the Revised Code if the	106081
department, in the department's sole discretion, determines that	106082
the rate as calculated under those sections works an extreme	106083
hardship on the facility.	106084

(4) The rules shall provide that when beds certified for the	106085
medicaid program are added to an existing intermediate care	106086
facility for the mentally retarded or replaced at the same site,	106087
the department, through the rate reconsideration process, shall	106088
increase the intermediate care facility for the mentally	106089
retarded's rate for capital costs proportionately, as limited by	106090
any applicable limitation under section 5111.251 of the Revised	106091
Code, to account for the costs of the beds that are added or	106092
replaced. The department shall make this increase one month after	106093
the first day of the month after the department receives	106094
sufficient documentation of the costs. Any rate increase granted	106095
under division (A)(4) of this section after June 30, 1993, shall	106096
remain in effect until the effective date of a rate calculated	106097
under section 5111.251 of the Revised Code that includes costs	106098
incurred for a full calendar year for the bed addition or bed	106099
replacement. The facility shall report double accumulated	106100
depreciation in an amount equal to the depreciation included in	106101
the rate adjustment on its cost report for the first year of	106102
operation. During the term of any loan used to finance a project	106103
for which a rate adjustment is granted under division (A)(4) of	106104
this section, if the facility is operated by the same provider,	106105
the provider shall subtract from the interest costs it reports on	106106
its cost report an amount equal to the difference between the	106107
following:	106108

(a) The actual, allowable interest costs for the loan during	106109
the calendar year for which the costs are being reported;	106110

(b) The actual, allowable interest costs attributable to the	106111
loan that were used to calculate the rates paid to the provider	106112
for the facility during the same calendar year.	106113

(5) The department's decision at the conclusion of the	106114
reconsideration process shall not be subject to any administrative	106115
proceedings under Chapter 119. or any other provision of the	106116
Revised Code.	106117

(B) All of the following are subject to an adjudication	106118
conducted in accordance with Chapter 119. of the Revised Code:	106119

(1) Any audit disallowance that the department makes as the	106120
result of an audit under section 5111.27 of the Revised Code;	106121

(2) Any adverse finding that results from an exception review	106122
of resident assessment information conducted under section 5111.27	106123
of the Revised Code after the effective date of the facility's	106124
rate that is based on the assessment information;	106125

(3) Any medicaid payment deemed an overpayment under section	106126
5111.683 of the Revised Code;	106127

(4) Any penalty the department imposes under division (C) of	106128
section 5111.28 of the Revised Code or section 5111.683 of the	106129
Revised Code.	106130

Sec. 5111.291. Notwithstanding sections 5111.20 to ~~5111.33~~	106131
5111.331 of the Revised Code, the department of job and family	106132
services may compute the rate for intermediate care facilities for	106133
the mentally retarded operated by the department of developmental	106134
disabilities or the department of mental health according to the	106135
reasonable cost principles of Title XVIII.	106136

Sec. 5111.33. Reimbursement to a provider of an intermediate	106137
care facility for the mentally retarded under sections 5111.20 to	106138
~~5111.32~~5111.331 of the Revised Code shall include payments to the	106139
provider, at a rate equal to the percentage of the per resident	106140
per day rates that the department of job and family services has	106141
established for the provider's ~~nursing facility or intermediate~~	106142
~~care~~ facility ~~for the mentally retarded~~ under sections 5111.20 to	106143
~~5111.33~~5111.331 of the Revised Code for the fiscal year for which	106144
the cost of services is reimbursed, to reserve a bed for a	106145
recipient during a temporary absence under conditions prescribed	106146
by the department, to include hospitalization for an acute	106147
condition, visits with relatives and friends, and participation in	106148
therapeutic programs outside the facility, when the resident's	106149
plan of care provides for such absence and federal participation	106150
in the payments is available. The maximum period during which	106151
payments may be made to reserve a bed shall not exceed the maximum	106152
period specified under federal regulations, and shall not be more	106153
than thirty days during any calendar year for hospital stays,	106154
visits with relatives and friends, and participation in	106155
therapeutic programs.	106156

Recipients ~~who have been identified by the department as~~	106157
~~requiring the level of care of an intermediate care facility for~~	106158
~~the mentally retarded~~ shall not be subject to a maximum period	106159
during which payments may be made to reserve a bed in an	106160
intermediate care facility for the mentally retarded if prior	106161
authorization of the department is obtained for hospital stays,	106162
visits with relatives and friends, and participation in	106163
therapeutic programs. The director of job and family services	106164
shall adopt rules under section 5111.02 of the Revised Code	106165
establishing conditions under which prior authorization may be	106166
obtained.	106167

Sec. 5111.331. (A) The department of job and family services	106168
may make payments to a provider of a nursing facility under	106169
sections 5111.20 to 5111.331 of the Revised Code to reserve a bed	106170
for a recipient during a temporary absence under conditions	106171
prescribed by the department, to include hospitalization for an	106172
acute condition, visits with relatives and friends, and	106173
participation in therapeutic programs outside the facility, when	106174
the resident's plan of care provides for such absence and federal	106175
participation in the payments is available.	106176

(B) The maximum period for which payments may be made to	106177
reserve a bed in a nursing facility shall not exceed the	106178
following:	106179

(1) For calendar year 2011, thirty days;

106180

(2) For calendar year 2012 and each calendar year thereafter,	106181
fifteen days.	106182

(C) The department shall establish the per diem rates to be	106183
paid to providers of nursing facilities for reserving beds under	106184
this section. In establishing the per diem rates, the department	106185
shall do the following:	106186

(1) In the case of a payment to reserve a bed for a day	106187
during calendar year 2011, set the per diem rate at an amount not	106188
exceeding fifty per cent of the per diem rate the provider would	106189
be paid if the recipient were not absent from the nursing facility	106190
that day;	106191

(2) In the case of a payment to reserve a bed for a day	106192
during calendar year 2012 and each calendar year thereafter, set	106193
the per diem rate at an amount not exceeding twenty-five per cent	106194
of the per diem rate the provider would be paid if the recipient	106195
were not absent from the nursing facility that day.	106196

Sec. 5111.35. As used in this section "a resident's rights"	106197
means the rights of a nursing facility resident under sections	106198
3721.10 to 3721.17 of the Revised Code and subsection (c) of	106199
section 1819 or 1919 of the "Social Security Act," 49 Stat. 620	106200
(1935), 42 U.S.C.A. 301, as amended, and regulations issued under	106201
those subsections.	106202

As used in sections 5111.35 to 5111.62 of the Revised Code:

106203

(A) "Certification requirements" means the requirements for	106204
nursing facilities established under sections 1819 and 1919 of the	106205
"Social Security Act."	106206

(B) "Compliance" means substantially meeting all applicable	106207
certification requirements.	106208

(C) "Contracting agency" means a state agency that has	106209
entered into a contract with the department of job and family	106210
services under section 5111.38 of the Revised Code.	106211

(D)(1) "Deficiency" means a finding cited by the department	106212
of health during a survey, on the basis of one or more actions,	106213
practices, situations, or incidents occurring at a nursing	106214
facility, that constitutes a severity level three finding,	106215
severity level four finding, scope level three finding, or scope	106216
level four finding. Whenever the finding is a repeat finding,	106217
"deficiency" also includes any finding that is a severity level	106218
two and scope level one finding, a severity level two and scope	106219
level two finding, or a severity level one and scope level two	106220
finding.	106221

(2) "Cluster of deficiencies" means deficiencies that result	106222
from noncompliance with two or more certification requirements and	106223
are causing or resulting from the same action, practice,	106224
situation, or incident.	106225

(E) "Emergency" means either of the following:

106226

(1) A deficiency or cluster of deficiencies that creates a	106227
condition of immediate jeopardy;	106228

(2) An unexpected situation or sudden occurrence of a serious	106229
or urgent nature that creates a substantial likelihood that one or	106230
more residents of a nursing facility may be seriously harmed if	106231
allowed to remain in the facility, including the following:	106232

(a) A flood or other natural disaster, civil disaster, or	106233
similar event;	106234

(b) A labor strike that suddenly causes the number of staff	106235
members in a nursing facility to be below that necessary for	106236
resident care.	106237

(F) "Finding" means a finding of noncompliance with	106238
certification requirements determined by the department of health	106239
under section 5111.41 of the Revised Code.	106240

(G) "Immediate jeopardy" means that one or more residents of	106241
a nursing facility are in imminent danger of serious physical or	106242
life-threatening harm.	106243

(H) "Medicaid eligible resident" means a person who is a	106244
resident of a nursing facility, or is applying for admission to a	106245
nursing facility, and is eligible to receive financial assistance	106246
under the medical assistance program for the care the person	106247
receives in such a facility.	106248

(I) "Noncompliance" means failure to substantially meet all	106249
applicable certification requirements.	106250

(J) "Nursing facility" has the same meaning as in section	106251
5111.20 of the Revised Code.	106252

(K) "Provider" means a person, institution, or entity that	106253
furnishes nursing facility services under a medical assistance	106254
program provider agreement.	106255

(L) "Provider agreement" means a contract between the	106256
department of job and family services and a provider for the	106257
provision of nursing facility services under the medicaid program.	106258

(M) "Repeat finding" or "repeat deficiency" means a finding	106259
or deficiency cited pursuant to a survey, to which both of the	106260
following apply:	106261

(1) The finding or deficiency involves noncompliance with the	106262
same certification requirement, and the same kind of actions,	106263
practices, situations, or incidents caused by or resulting from	106264
the noncompliance, as were cited in the immediately preceding	106265
standard survey or another survey conducted subsequent to the	106266
immediately preceding standard survey of the facility. For	106267
purposes of this division, actions, practices, situations, or	106268
incidents may be of the same kind even though they involve	106269
different residents, staff, or parts of the facility.	106270

(2) The finding or deficiency is cited subsequent to a	106271
determination by the department of health that the finding or	106272
deficiency cited on the immediately preceding standard survey, or	106273
another survey conducted subsequent to the immediately preceding	106274
standard survey, had been corrected.	106275

~~(M)~~(N)(1) "Scope level one finding" means a finding of	106276
noncompliance by a nursing facility in which the actions,	106277
situations, practices, or incidents causing or resulting from the	106278
noncompliance affect one or a very limited number of facility	106279
residents and involve one or a very limited number of facility	106280
staff members.	106281

(2) "Scope level two finding" means a finding of	106282
noncompliance by a nursing facility in which the actions,	106283
situations, practices, or incidents causing or resulting from the	106284
noncompliance affect more than a limited number of facility	106285
residents or involve more than a limited number of facility staff	106286
members, but the number or percentage of facility residents	106287
affected or staff members involved and the number or frequency of	106288
the actions, situations, practices, or incidents in short	106289
succession does not establish any reasonable degree of	106290
predictability of similar actions, situations, practices, or	106291
incidents occurring in the future.	106292

(3) "Scope level three finding" means a finding of	106293
noncompliance by a nursing facility in which the actions,	106294
situations, practices, or incidents causing or resulting from the	106295
noncompliance affect more than a limited number of facility	106296
residents or involve more than a limited number of facility staff	106297
members, and the number or percentage of facility residents	106298
affected or staff members involved or the number or frequency of	106299
the actions, situations, practices, or incidents in short	106300
succession establishes a reasonable degree of predictability of	106301
similar actions, situations, practices, or incidents occurring in	106302
the future.	106303

(4) "Scope level four finding" means a finding of	106304
noncompliance by a nursing facility causing or resulting from	106305
actions, situations, practices, or incidents that involve a	106306
sufficient number or percentage of facility residents or staff	106307
members or occur with sufficient regularity over time that the	106308
noncompliance can be considered systemic or pervasive in the	106309
facility.	106310

~~(N)~~(O)(1) "Severity level one finding" means a finding of	106311
noncompliance by a nursing facility that has not caused and, if	106312
continued, is unlikely to cause physical harm to a facility	106313
resident, mental or emotional harm to a resident, or a violation	106314
of a resident's rights that results in physical, mental, or	106315
emotional harm to the resident.	106316

(2) "Severity level two finding" means a finding of	106317
noncompliance by a nursing facility that, if continued over time,	106318
will cause, or is likely to cause, physical harm to a facility	106319
resident, mental or emotional harm to a resident, or a violation	106320
of a resident's rights that results in physical, mental, or	106321
emotional harm to the resident.	106322

(3) "Severity level three finding" means a finding of	106323
noncompliance by a nursing facility that has caused physical harm	106324
to a facility resident, mental or emotional harm to a resident, or	106325
a violation of a resident's rights that results in physical,	106326
mental, or emotional harm to the resident.	106327

(4) "Severity level four finding" means a finding of	106328
noncompliance by a nursing facility that has caused	106329
life-threatening harm to a facility resident or caused a	106330
resident's death.	106331

~~(O)~~(P) "State agency" has the same meaning as in section 1.60	106332
of the Revised Code.	106333

~~(P)~~(Q) "Substandard care" means care furnished in a facility	106334
in which the department of health has cited a deficiency or	106335
deficiencies that constitute one of the following:	106336

(1) A severity level four finding, regardless of scope;

106337

(2) A severity level three and scope level four finding, in	106338
the quality of care provided to residents;	106339

(3) A severity level three and scope level three finding, in	106340
the quality of care provided to residents.	106341

~~(Q)~~(R)(1) "Survey" means a survey of a nursing facility	106342
conducted under section 5111.39 of the Revised Code.	106343

(2) "Standard survey" means a survey conducted by the	106344
department of health under division (A) of section 5111.39 of the	106345
Revised Code and includes an extended survey.	106346

(3) "Follow-up survey" means a survey conducted by the	106347
department of health to determine whether a nursing facility has	106348
substantially corrected deficiencies cited in a previous survey.	106349

Sec. 5111.52. (A) As used in this section:

106350

~~(1) "Provider agreement" means a contract between the~~	106351
~~department of job and family services and a nursing facility for~~	106352
~~the provision of nursing facility services under the medical~~	106353
~~assistance program.~~	106354

~~(2) "Terminating"~~, "terminating" includes not renewing.

106355

(B) A nursing facility's participation in the medical	106356
assistance program shall be terminated under sections 5111.35 to	106357
5111.62 of the Revised Code as follows:	106358

(1) If the department of job and family services is	106359
terminating the facility's participation, it shall issue an order	106360
terminating the facility's provider agreement.	106361

(2) If the department of health, acting as a contracting	106362
agency, is terminating the facility's participation, it shall	106363
issue an order terminating certification of the facility's	106364
compliance with certification requirements. When the department of	106365
health terminates certification, the department of job and family	106366
services shall terminate the facility's provider agreement. The	106367
department of job and family services is not required to provide	106368
an adjudication hearing when it terminates a provider agreement	106369
following termination of certification by the department of	106370
health.	106371

(3) If a state agency other than the department of health,	106372
acting as a contracting agency, is terminating the facility's	106373
participation, it shall notify the department of job and family	106374
services, and the department of job and family services shall	106375
issue an order terminating the facility's provider agreement. The	106376
contracting agency shall conduct any administrative proceedings	106377
concerning the order.	106378

(C) If the following conditions are met, the department of	106379
job and family services may make medical assistance payments to a	106380
nursing facility for a period not exceeding thirty days after the	106381
effective date of termination under sections 5111.35 to 5111.62 of	106382
the Revised Code of the facility's participation in the medical	106383
assistance program:	106384

(1) The payments are for medicaid eligible residents admitted	106385
to the facility prior to the effective date of the termination;	106386

(2) The provider is making reasonable efforts to transfer	106387
medicaid eligible residents to other care settings.	106388

The period during which payments may be made under this	106389
division begins on the later of the effective date of the	106390
termination or, if the facility has appealed a termination order,	106391
the date of issuance of the adjudication order upholding	106392
termination.	106393

Sec. 5111.65. As used in sections 5111.65 to 5111.689 of the	106394
Revised Code:	106395

(A) "Affiliated operator" means an operator affiliated with	106396
either of the following:	106397

(1) The exiting operator for whom the affiliated operator is	106398
to assume liability for the entire amount of the exiting	106399
operator's debt under the medicaid program or the portion of the	106400
debt that represents the franchise permit fee the exiting operator	106401
owes;	106402

(2) The entering operator involved in the change of operator	106403
with the exiting operator specified in division (A)(1) of this	106404
section.	106405

(B) "Change of operator" means an entering operator becoming	106406
the operator of a nursing facility or intermediate care facility	106407
for the mentally retarded in the place of the exiting operator.	106408

(1) Actions that constitute a change of operator include the	106409
following:	106410

(a) A change in an exiting operator's form of legal	106411
organization, including the formation of a partnership or	106412
corporation from a sole proprietorship;	106413

(b) A transfer of all the exiting operator's ownership	106414
interest in the operation of the facility to the entering	106415
operator, regardless of whether ownership of any or all of the	106416
real property or personal property associated with the facility is	106417
also transferred;	106418

(c) A lease of the facility to the entering operator or the	106419
exiting operator's termination of the exiting operator's lease;	106420

(d) If the exiting operator is a partnership, dissolution of	106421
the partnership;	106422

(e) If the exiting operator is a partnership, a change in	106423
composition of the partnership unless both of the following apply:	106424

(i) The change in composition does not cause the	106425
partnership's dissolution under state law.	106426

(ii) The partners agree that the change in composition does	106427
not constitute a change in operator.	106428

(f) If the operator is a corporation, dissolution of the	106429
corporation, a merger of the corporation into another corporation	106430
that is the survivor of the merger, or a consolidation of one or	106431
more other corporations to form a new corporation.	106432

(2) The following, alone, do not constitute a change of	106433
operator:	106434

(a) A contract for an entity to manage a nursing facility or	106435
intermediate care facility for the mentally retarded as the	106436
operator's agent, subject to the operator's approval of daily	106437
operating and management decisions;	106438

(b) A change of ownership, lease, or termination of a lease	106439
of real property or personal property associated with a nursing	106440
facility or intermediate care facility for the mentally retarded	106441
if an entering operator does not become the operator in place of	106442
an exiting operator;	106443

(c) If the operator is a corporation, a change of one or more	106444
members of the corporation's governing body or transfer of	106445
ownership of one or more shares of the corporation's stock, if the	106446
same corporation continues to be the operator.	106447

(C) "Effective date of a change of operator" means the day	106448
the entering operator becomes the operator of the nursing facility	106449
or intermediate care facility for the mentally retarded.	106450

(D) "Effective date of a facility closure" means the last day	106451
that the last of the residents of the nursing facility or	106452
intermediate care facility for the mentally retarded resides in	106453
the facility.	106454

(E) "Effective date of an involuntary termination" means the	106455
date the department of job and family services terminates an	106456
operator's provider agreement for a nursing facility or	106457
intermediate care facility for the mentally retarded or the last	106458
day that such a provider agreement is in effect when the	106459
department refuses to renew it.	106460

(F) "Effective date of a voluntary termination" means the day	106461
the intermediate care facility for the mentally retarded ceases to	106462
accept medicaid patients.	106463

~~(F)~~(G) "Effective date of a voluntary withdrawal of	106464
participation" means the day the nursing facility ceases to accept	106465
new medicaid patients other than the individuals who reside in the	106466
nursing facility on the day before the effective date of the	106467
voluntary withdrawal of participation.	106468

~~(G)~~(H) "Entering operator" means the person or government	106469
entity that will become the operator of a nursing facility or	106470
intermediate care facility for the mentally retarded when a change	106471
of operator occurs or following an involuntary termination.	106472

~~(H)~~(I) "Exiting operator" means any of the following:

106473

(1) An operator that will cease to be the operator of a	106474
nursing facility or intermediate care facility for the mentally	106475
retarded on the effective date of a change of operator;	106476

(2) An operator that will cease to be the operator of a	106477
nursing facility or intermediate care facility for the mentally	106478
retarded on the effective date of a facility closure;	106479

(3) An operator of an intermediate care facility for the	106480
mentally retarded that is undergoing or has undergone a voluntary	106481
termination;	106482

(4) An operator of a nursing facility that is undergoing or	106483
has undergone a voluntary withdrawal of participation;	106484

(5) An operator of a nursing facility or intermediate care	106485
facility for the mentally retarded that has undergone an	106486
involuntary termination.	106487

~~(I)~~(J)(1) ~~"Facility~~Subject to division (J)(2) of this	106488
section, "facility closure" means discontinuance of the use of the	106489
building, or part of the building, that houses the facility as a	106490
nursing facility or intermediate care facility for the mentally	106491
retarded that results in the relocation of all of the facility's	106492
residents. A facility closure occurs regardless of any of the	106493
following:	106494

(a) The operator completely or partially replacing the	106495
facility by constructing a new facility or transferring the	106496
facility's license to another facility;	106497

(b) The facility's residents relocating to another of the	106498
operator's facilities;	106499

(c) Any action the department of health takes regarding the	106500
facility's certification under Title XIX of the "Social Security	106501
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may	106502
result in the transfer of part of the facility's survey findings	106503
to another of the operator's facilities;	106504

(d) Any action the department of health takes regarding the	106505
facility's license under Chapter 3721. of the Revised Code;	106506

(e) Any action the department of developmental disabilities	106507
takes regarding the facility's license under section 5123.19 of	106508
the Revised Code.	106509

(2) A facility closure does not occur if ~~all~~either of the	106510
following applies:	106511

(a) All of the facility's residents are relocated due to an	106512
emergency evacuation and one or more of the residents return to a	106513
medicaid-certified bed in the facility not later than thirty days	106514
after the evacuation occurs;	106515

(b) The building, or part of the building, that houses the	106516
facility converts to a different use, any necessary license or	106517
other approval needed for that use is obtained, and one or more of	106518
the facility's residents remain in the facility to receive	106519
services under the new use.	106520

~~(J)~~(K) "Fiscal year," "franchise permit fee," "intermediate	106521
care facility for the mentally retarded," "nursing facility,"	106522
"operator," "owner," and "provider agreement" have the same	106523
meanings as in section 5111.20 of the Revised Code.	106524

~~(K)~~(L) "Involuntary termination" means the department of job	106525
and family services' termination of, or refusal to renew, an	106526
operator's provider agreement for a nursing facility or	106527
intermediate care facility for the mentally retarded when such	106528
action is not taken at the operator's request.	106529

(M) "Voluntary termination" means an operator's voluntary	106530
election to terminate the participation of an intermediate care	106531
facility for the mentally retarded in the medicaid program but to	106532
continue to provide service of the type provided by a residential	106533
facility as defined in section 5123.19 of the Revised Code.	106534

~~(L)~~(N) "Voluntary withdrawal of participation" means an	106535
operator's voluntary election to terminate the participation of a	106536
nursing facility in the medicaid program but to continue to	106537
provide service of the type provided by a nursing facility.	106538

Sec. 5111.66. An exiting operator or owner of a nursing	106539
facility or intermediate care facility for the mentally retarded	106540
participating in the medicaid program shall provide the department	106541
of job and family services written notice of a facility closure,	106542
voluntary termination, or voluntary withdrawal of participation	106543
not less than ninety days before the effective date of the	106544
facility closure, voluntary termination, or voluntary withdrawal	106545
of participation. The written notice shall be provided to the	106546
department in accordance with the method specified in rules	106547
adopted under section 5111.689 of the Revised Code.	106548

The written notice shall include all of the following:

106549

(A) The name of the exiting operator and, if any, the exiting	106550
operator's authorized agent;	106551

(B) The name of the nursing facility or intermediate care	106552
facility for the mentally retarded that is the subject of the	106553
written notice;	106554

(C) The exiting operator's medicaid provider agreement number	106555
for the facility that is the subject of the written notice;	106556

(D) The effective date of the facility closure, voluntary	106557
termination, or voluntary withdrawal of participation;	106558

(E) The signature of the exiting operator's or owner's	106559
representative.	106560

Sec. 5111.67. (A) An exiting operator or owner and entering	106561
operator shall provide the department of job and family services	106562
written notice of a change of operator if the nursing facility or	106563
intermediate care facility for the mentally retarded participates	106564
in the medicaid program and the entering operator seeks to	106565
continue the facility's participation. The written notice shall be	106566
provided to the department in accordance with the method specified	106567
in rules adopted under section 5111.689 of the Revised Code. The	106568
written notice shall be provided to the department not later than	106569
forty-five days before the effective date of the change of	106570
operator if the change of operator does not entail the relocation	106571
of residents. The written notice shall be provided to the	106572
department not later than ninety days before the effective date of	106573
the change of operator if the change of operator entails the	106574
relocation of residents. ~~The~~	106575

The written notice shall include all of the following:

106576

(1) The name of the exiting operator and, if any, the exiting	106577
operator's authorized agent;	106578

(2) The name of the nursing facility or intermediate care	106579
facility for the mentally retarded that is the subject of the	106580
change of operator;	106581

(3) The exiting operator's ~~medicaid provider agreement~~	106582
seven-digit medicaid legacy number and ten-digit national provider	106583
identifier number for the facility that is the subject of the	106584
change of operator;	106585

(4) The name of the entering operator;

106586

(5) The effective date of the change of operator;

106587

(6) The manner in which the entering operator becomes the	106588
facility's operator, including through sale, lease, merger, or	106589
other action;	106590

(7) If the manner in which the entering operator becomes the	106591
facility's operator involves more than one step, a description of	106592
each step;	106593

(8) Written authorization from the exiting operator or owner	106594
and entering operator for the department to process a provider	106595
agreement for the entering operator;	106596

(9) The names and addresses of the persons to whom the	106597
department should send initial correspondence regarding the change	106598
of operator;	106599

(10) If the nursing facility also participates in the	106600
medicare program, notification of whether the entering operator	106601
intends to accept assignment of the exiting operator's medicare	106602
provider agreement;	106603

(11) The signature of the exiting operator's or owner's	106604
representative.	106605

(B) ~~The entering operator shall include a completed~~	106606
~~application for a provider agreement with the written notice to~~	106607
~~the department. The entering operator shall attach to the~~	106608
~~application the following:~~	106609

~~(1) If the written notice is provided to the department~~	106610
~~before the date the exiting operator or owner and entering~~	106611
~~operator complete the transaction for the change of operator, all~~	106612
~~the proposed leases, management agreements, merger agreements and~~	106613
~~supporting documents, and sales contracts and supporting documents~~	106614
~~relating to the facility's change of operator;~~	106615

~~(2) If the written notice is provided to the department on or~~	106616
~~after the date the exiting operator or owner and entering operator~~	106617
~~complete the transaction for the change of operator, copies of all~~	106618
~~the executed leases, management agreements, merger agreements and~~	106619
~~supporting documents, and sales contracts and supporting documents~~	106620
~~relating to the facility's change of operator.~~An exiting operator	106621
or owner and entering operator immediately shall provide the	106622
department written notice of any changes to information included	106623
in a written notice of a change of operator that occur after that	106624
notice is provided to the department. The notice of the changes	106625
shall be provided to the department in accordance with the method	106626
specified in rules adopted under section 5111.689 of the Revised	106627
Code.	106628

Sec. 5111.671. The department of job and family services may	106629
enter into a provider agreement with an entering operator that	106630
goes into effect at 12:01 a.m. on the effective date of the change	106631
of operator if all of the following requirements are met:	106632

(A) The department receives a properly completed written	106633
notice required by section 5111.67 of the Revised Code on or	106634
before the date required by that section.	106635

(B) The ~~entering operator furnishes to the~~ department ~~copies~~	106636
~~of all the fully executed leases, management agreements, merger~~	106637
~~agreements and supporting documents, and sales contracts and~~	106638
~~supporting documents relating to the change of operator not later~~	106639
~~than ten days after the effective date of the change of operator~~	106640
receives both of the following in accordance with the method	106641
specified in rules adopted under section 5111.689 of the Revised	106642
Code and not later than ten days after the effective date of the	106643
change of operator:	106644

(1) From the entering operator, a completed application for a	106645
provider agreement and all other forms and documents specified in	106646
rules adopted under section 5111.689 of the Revised Code;	106647

(2) From the exiting operator or owner, all forms and	106648
documents specified in rules adopted under section 5111.689 of the	106649
Revised Code.	106650

(C) The entering operator is eligible for medicaid payments	106651
as provided in section 5111.21 of the Revised Code.	106652

Sec. 5111.672. (A) The department of job and family services	106653
may enter into a provider agreement with an entering operator that	106654
goes into effect at 12:01 a.m. on the date determined under	106655
division (B) of this section if all of the following are the case:	106656

(1) The department receives a properly completed written	106657
notice required by section 5111.67 of the Revised Code after the	106658
time required by that section.	106659

(2) The ~~entering operator furnishes to the~~ department ~~copies~~	106660
~~of all the fully executed leases, management agreements, merger~~	106661
~~agreements and supporting documents, and sales contracts and~~	106662
~~supporting documents relating to the change of operator~~receives	106663
both of the following in accordance with the method specified in	106664
rules adopted under section 5111.689 of the Revised Code and more	106665
than ten days after the effective date of the change of operator:	106666

(a) From the entering operator, a completed application for a	106667
provider agreement and all other forms and documents specified in	106668
rules adopted under section 5111.689 of the Revised Code;	106669

(b) From the exiting operator or owner, all forms and	106670
documents specified in rules adopted under section 5111.689 of the	106671
Revised Code.	106672

(3) ~~The requirement of division (A)(1) of this section is met~~	106673
~~after the time required by section 5111.67 of the Revised Code,~~	106674
~~the requirement of division (A)(2) of this section is met more~~	106675
~~than ten days after the effective date of the change of operator,~~	106676
~~or both.~~	106677

~~(4)~~ The entering operator is eligible for medicaid payments	106678
as provided in section 5111.21 of the Revised Code.	106679

(B) The department shall determine the date a provider	106680
agreement entered into under this section is to go into effect as	106681
follows:	106682

(1) The effective date shall give the department sufficient	106683
time to process the change of operator, assure no duplicate	106684
payments are made, and make the withholding required by section	106685
5111.681 of the Revised Code~~, and withhold the final payment to~~	106686
~~the exiting operator until one hundred eighty days after either of~~	106687
~~the following:~~	106688

~~(a) The date that the exiting operator submits to the~~	106689
~~department a properly completed cost report under section 5111.682~~	106690
~~of the Revised Code;~~	106691

~~(b) The date that the department waives the cost report~~	106692
~~requirement of section 5111.682 of the Revised Code~~.	106693

(2) The effective date shall be not earlier than the later of	106694
the effective date of the change of operator or the date that the	106695
exiting operator or owner and entering operator comply with	106696
section 5111.67 of the Revised Code and division (A)(2) of this	106697
section.	106698

(3) The effective date shall be not later than the following	106699
after the later of the dates specified in division (B)(2) of this	106700
section:	106701

(a) Forty-five days if the change of operator does not entail	106702
the relocation of residents;	106703

(b) Ninety days if the change of operator entails the	106704
relocation of residents.	106705

Sec. 5111.68. (A) On receipt of a written notice under	106706
section 5111.66 of the Revised Code of a facility closure,	106707
voluntary termination, or voluntary withdrawal of participation	106708
or, on receipt of a written notice under section 5111.67 of the	106709
Revised Code of a change of operator, or on the effective date of	106710
an involuntary termination, the department of job and family	106711
services shall estimate the amount of any overpayments made under	106712
the medicaid program to the exiting operator, including	106713
overpayments the exiting operator disputes, and other actual and	106714
potential debts the exiting operator owes or may owe to the	106715
department and United States centers for medicare and medicaid	106716
services under the medicaid program, including a franchise permit	106717
fee.	106718

(B) In estimating the exiting operator's other actual and	106719
potential debts to the department and the United States centers	106720
for medicare and medicaid services under the medicaid program, the	106721
department shall use a debt estimation methodology the director of	106722
job and family services shall establish in rules adopted under	106723
section 5111.689 of the Revised Code. The methodology shall	106724
provide for estimating all of the following that the department	106725
determines are applicable:	106726

(1) Refunds due the department under section 5111.27 of the	106727
Revised Code;	106728

(2) Interest owed to the department and United States centers	106729
for medicare and medicaid services;	106730

(3) Final civil monetary and other penalties for which all	106731
right of appeal has been exhausted;	106732

(4) Money owed the department and United States centers for	106733
medicare and medicaid services from any outstanding final fiscal	106734
audit, including a final fiscal audit for the last fiscal year or	106735
portion thereof in which the exiting operator participated in the	106736
medicaid program;	106737

(5) Other amounts the department determines are applicable.

106738

(C) The department shall provide the exiting operator written	106739
notice of the department's estimate under division (A) of this	106740
section not later than thirty days after the department receives	106741
the notice under section 5111.66 of the Revised Code of the	106742
facility closure, voluntary termination, or voluntary withdrawal	106743
of participation or; the department receives the notice under	106744
section 5111.67 of the Revised Code of the change of operator; or	106745
the effective date of the involuntary termination. The	106746
department's written notice shall include the basis for the	106747
estimate.	106748

Sec. 5111.681. (A) Except as provided in divisions (B) ~~and~~,	106749
(C), and (D) of this section, the department of job and family	106750
services may withhold from payment due an exiting operator under	106751
the medicaid program the total amount specified in the notice	106752
provided under division (C) of section 5111.68 of the Revised Code	106753
that the exiting operator owes or may owe to the department and	106754
United States centers for medicare and medicaid services under the	106755
medicaid program.	106756

(B) In the case of a change of operator and subject to	106757
division ~~(D)~~(E) of this section, the following shall apply	106758
regarding a withholding under division (A) of this section if the	106759
exiting operator or entering operator or an affiliated operator	106760
executes a successor liability agreement meeting the requirements	106761
of division ~~(E)~~(F) of this section:	106762

(1) If the exiting operator, entering operator, or affiliated	106763
operator assumes liability for the total, actual amount of debt	106764
the exiting operator owes the department and the United States	106765
centers for medicare and medicaid services under the medicaid	106766
program as determined under section 5111.685 of the Revised Code,	106767
the department shall not make the withholding.	106768

(2) If the exiting operator, entering operator, or affiliated	106769
operator assumes liability for only the portion of the amount	106770
specified in division (B)(1) of this section that represents the	106771
franchise permit fee the exiting operator owes, the department	106772
shall withhold not more than the difference between the total	106773
amount specified in the notice provided under division (C) of	106774
section 5111.68 of the Revised Code and the amount for which the	106775
exiting operator, entering operator, or affiliated operator	106776
assumes liability.	106777

(C) In the case of a voluntary termination, voluntary	106778
withdrawal of participation, or facility closure and subject to	106779
division ~~(D)~~(E) of this section, the following shall apply	106780
regarding a withholding under division (A) of this section if the	106781
exiting operator or an affiliated operator executes a successor	106782
liability agreement meeting the requirements of division ~~(E)~~(F) of	106783
this section:	106784

(1) If the exiting operator or affiliated operator assumes	106785
liability for the total, actual amount of debt the exiting	106786
operator owes the department and the United States centers for	106787
medicare and medicaid services under the medicaid program as	106788
determined under section 5111.685 of the Revised Code, the	106789
department shall not make the withholding.	106790

(2) If the exiting operator or affiliated operator assumes	106791
liability for only the portion of the amount specified in division	106792
(C)(1) of this section that represents the franchise permit fee	106793
the exiting operator owes, the department shall withhold not more	106794
than the difference between the total amount specified in the	106795
notice provided under division (C) of section 5111.68 of the	106796
Revised Code and the amount for which the exiting operator or	106797
affiliated operator assumes liability.	106798

(D) In the case of an involuntary termination and subject to	106799
division (E) of this section, the following shall apply regarding	106800
a withholding under division (A) of this section if the exiting	106801
operator, the entering operator, or an affiliated operator	106802
executes a successor liability agreement meeting the requirements	106803
of division (F) of this section and the department approves the	106804
successor liability agreement:	106805

(1) If the exiting operator, entering operator, or affiliated	106806
operator assumes liability for the total, actual amount of debt	106807
the exiting operator owes the department and the United States	106808
centers for medicare and medicaid services under the medicaid	106809
program as determined under section 5111.685 of the Revised Code,	106810
the department shall not make the withholding.	106811

(2) If the exiting operator, entering operator, or affiliated	106812
operator assumes liability for only the portion of the amount	106813
specified in division (D)(1) of this section that represents the	106814
franchise permit fee the exiting operator owes, the department	106815
shall withhold not more than the difference between the total	106816
amount specified in the notice provided under division (C) of	106817
section 5111.68 of the Revised Code and the amount for which the	106818
exiting operator, entering operator, or affiliated operator	106819
assumes liability.	106820

(E) For an exiting operator or affiliated operator to be	106821
eligible to enter into a successor liability agreement under	106822
division (B) or, (C), or (D) of this section, both of the	106823
following must apply:	106824

(1) The exiting operator or affiliated operator must have one	106825
or more valid provider agreements, other than the provider	106826
agreement for the nursing facility or intermediate care facility	106827
for the mentally retarded that is the subject of the involuntary	106828
termination, voluntary termination, voluntary withdrawal of	106829
participation, facility closure, or change of operator;	106830

(2) During the twelve-month period preceding either the	106831
effective date of the involuntary termination or the month in	106832
which the department receives the notice of the voluntary	106833
termination, voluntary withdrawal of participation, or facility	106834
closure under section 5111.66 of the Revised Code or the notice of	106835
the change of operator under section 5111.67 of the Revised Code,	106836
the average monthly medicaid payment made to the exiting operator	106837
or affiliated operator pursuant to the exiting operator's or	106838
affiliated operator's one or more provider agreements, other than	106839
the provider agreement for the nursing facility or intermediate	106840
care facility for the mentally retarded that is the subject of the	106841
involuntary termination, voluntary termination, voluntary	106842
withdrawal of participation, facility closure, or change of	106843
operator, must equal at least ninety per cent of the sum of the	106844
following:	106845

(a) The average monthly medicaid payment made to the exiting	106846
operator pursuant to the exiting operator's provider agreement for	106847
the nursing facility or intermediate care facility for the	106848
mentally retarded that is the subject of the involuntary	106849
termination, voluntary termination, voluntary withdrawal of	106850
participation, facility closure, or change of operator;	106851

(b) Whichever of the following apply:

106852

(i) If the exiting operator or affiliated operator has	106853
assumed liability under one or more other successor liability	106854
agreements, the total amount for which the exiting operator or	106855
affiliated operator has assumed liability under the other	106856
successor liability agreements;	106857

(ii) If the exiting operator or affiliated operator has not	106858
assumed liability under any other successor liability agreements,	106859
zero.	106860

~~(E)~~(F) A successor liability agreement executed under this	106861
section must comply with all of the following:	106862

(1) It must provide for the operator who executes the	106863
successor liability agreement to assume liability for either of	106864
the following as specified in the agreement:	106865

(a) The total, actual amount of debt the exiting operator	106866
owes the department and the United States centers for medicare and	106867
medicaid services under the medicaid program as determined under	106868
section 5111.685 of the Revised Code;	106869

(b) The portion of the amount specified in division	106870
~~(E)~~(F)(1)(a) of this section that represents the franchise permit	106871
fee the exiting operator owes.	106872

(2) It may not require the operator who executes the	106873
successor liability agreement to furnish a surety bond.	106874

(3) It must provide that the department, after determining	106875
under section 5111.685 of the Revised Code the actual amount of	106876
debt the exiting operator owes the department and United States	106877
centers for medicare and medicaid services under the medicaid	106878
program, may deduct the lesser of the following from medicaid	106879
payments made to the operator who executes the successor liability	106880
agreement:	106881

(a) The total, actual amount of debt the exiting operator	106882
owes the department and the United States centers for medicare and	106883
medicaid services under the medicaid program as determined under	106884
section 5111.685 of the Revised Code;	106885

(b) The amount for which the operator who executes the	106886
successor liability agreement assumes liability under the	106887
agreement.	106888

(4) It must provide that the deductions authorized by	106889
division ~~(E)~~(F)(3) of this section are to be made for a number of	106890
months, not to exceed six, agreed to by the operator who executes	106891
the successor liability agreement and the department or, if the	106892
operator who executes the successor liability agreement and	106893
department cannot agree on a number of months that is less than	106894
six, a greater number of months determined by the attorney general	106895
pursuant to a claims collection process authorized by statute of	106896
this state.	106897

(5) It must provide that, if the attorney general determines	106898
the number of months for which the deductions authorized by	106899
division ~~(E)~~(F)(3) of this section are to be made, the operator	106900
who executes the successor liability agreement shall pay, in	106901
addition to the amount collected pursuant to the attorney	106902
general's claims collection process, the part of the amount so	106903
collected that, if not for division ~~(G)~~(H) of this section, would	106904
be required by section 109.081 of the Revised Code to be paid into	106905
the attorney general claims fund.	106906

~~(F)~~(G) Execution of a successor liability agreement does not	106907
waive an exiting operator's right to contest the amount specified	106908
in the notice the department provides the exiting operator under	106909
division (C) of section 5111.68 of the Revised Code.	106910

~~(G)~~(H) Notwithstanding section 109.081 of the Revised Code,	106911
the entire amount that the attorney general, whether by employees	106912
or agents of the attorney general or by special counsel appointed	106913
pursuant to section 109.08 of the Revised Code, collects under a	106914
successor liability agreement, other than the additional amount	106915
the operator who executes the agreement is required by division	106916
~~(E)~~(F)(5) of this section to pay, shall be paid to the department	106917
of job and family services for deposit into the appropriate fund.	106918
The additional amount that the operator is required to pay shall	106919
be paid into the state treasury to the credit of the attorney	106920
general claims fund created under section 109.081 of the Revised	106921
Code.	106922

Sec. 5111.687. The department of job and family services, at	106923
its sole discretion, may release the amount withheld under	106924
division (A) of section 5111.681 of the Revised Code if the	106925
exiting operator submits to the department written notice of a	106926
postponement of a change of operator, facility closure, voluntary	106927
termination, or voluntary withdrawal of participation and the	106928
transactions leading to the change of operator, facility closure,	106929
voluntary termination, or voluntary withdrawal of participation	106930
are postponed for at least thirty days but less than ninety days	106931
after the date originally proposed for the change of operator,	106932
facility closure, voluntary termination, or voluntary withdrawal	106933
of participation as reported in the written notice required by	106934
section 5111.66 or 5111.67 of the Revised Code. The department	106935
shall release the amount withheld if the exiting operator submits	106936
to the department written notice of a cancellation or postponement	106937
of a change of operator, facility closure, voluntary termination,	106938
or voluntary withdrawal of participation and the transactions	106939
leading to the change of operator, facility closure, voluntary	106940
termination, or voluntary withdrawal of participation are canceled	106941
or postponed for more than ninety days after the date originally	106942
proposed for the change of operator, facility closure, voluntary	106943
termination, or voluntary withdrawal of participation as reported	106944
in the written notice required by section 5111.66 or 5111.67 of	106945
the Revised Code. A written notice shall be provided to the	106946
department in accordance with the method specified in rules	106947
adopted under section 5111.689 of the Revised Code.	106948

After the department receives a written notice regarding a	106949
cancellation or postponement of a facility closure, voluntary	106950
termination, or voluntary withdrawal of participation, the exiting	106951
operator or owner shall provide new written notice to the	106952
department under section 5111.66 of the Revised Code regarding any	106953
transactions leading to a facility closure, voluntary termination,	106954
or voluntary withdrawal of participation at a future time. After	106955
the department receives a written notice regarding a cancellation	106956
or postponement of a change of operator, the exiting operator or	106957
owner and entering operator shall provide new written notice to	106958
the department under section 5111.67 of the Revised Code regarding	106959
any transactions leading to a change of operator at a future time.	106960

Sec. 5111.689. The director of job and family services shall	106961
adopt rules under section 5111.02 of the Revised Code to implement	106962
sections 5111.65 to 5111.689 of the Revised Code, including rules	106963
applicable to an exiting operator that provides written	106964
notification under section 5111.66 of the Revised Code of a	106965
voluntary withdrawal of participation. Rules adopted under this	106966
section shall comply with section 1919(c)(2)(F) of the "Social	106967
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396r(c)(2)(F),	106968
regarding restrictions on transfers or discharges of nursing	106969
facility residents in the case of a voluntary withdrawal of	106970
participation. The rules may prescribe a medicaid reimbursement	106971
methodology and other procedures that are applicable after the	106972
effective date of a voluntary withdrawal of participation that	106973
differ from the reimbursement methodology and other procedures	106974
that would otherwise apply. The rules shall specify all of the	106975
following:	106976

(A) The method by which written notices to the department	106977
required by sections 5111.65 to 5111.689 of the Revised Code are	106978
to be provided;	106979

(B) The forms and documents that are to be provided to the	106980
department under sections 5111.671 and 5111.672 of the Revised	106981
Code, which shall include, in the case of such forms and documents	106982
provided by entering operators, all the fully executed leases,	106983
management agreements, merger agreements and supporting documents,	106984
and fully executed sales contracts and any other supporting	106985
documents culminating in the change of operator;	106986

(C) The method by which the forms and documents identified in	106987
division (B) of this section are to be provided to the department.	106988

Sec. 5111.85. (A) As used in this section and sections	106989
5111.851 to 5111.856 of the Revised Code:	106990

"Home and community-based services medicaid waiver component"	106991
means a medicaid waiver component under which home and	106992
community-based services are provided as an alternative to	106993
hospital, nursing facility, or intermediate care facility for the	106994
mentally retarded services.	106995

"Hospital" has the same meaning as in section 3727.01 of the	106996
Revised Code.	106997

"Intermediate care facility for the mentally retarded" has	106998
the same meaning as in section 5111.20 of the Revised Code.	106999

"Medicaid waiver component" means a component of the medicaid	107000
program authorized by a waiver granted by the United States	107001
department of health and human services under section 1115 or 1915	107002
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	107003
1315 or 1396n. "Medicaid waiver component" does not include a care	107004
management system established under section 5111.16 of the Revised	107005
Code.	107006

"Nursing facility" has the same meaning as in section 5111.20	107007
of the Revised Code.	107008

(B) The director of job and family services may adopt rules	107009
under Chapter 119. of the Revised Code governing medicaid waiver	107010
components that establish all of the following:	107011

(1) Eligibility requirements for the medicaid waiver	107012
components;	107013

(2) The type, amount, duration, and scope of services the	107014
medicaid waiver components provide;	107015

(3) The conditions under which the medicaid waiver components	107016
cover services;	107017

(4) The amount the medicaid waiver components pay for	107018
services or the method by which the amount is determined;	107019

(5) The manner in which the medicaid waiver components pay	107020
for services;	107021

(6) Safeguards for the health and welfare of medicaid	107022
recipients receiving services under a medicaid waiver component;	107023

(7) Procedures for ~~both of the following:~~

107024

~~(a) Identifying individuals who meet all of the following~~	107025
~~requirements:~~	107026

~~(i) Are~~prioritizing and approving for enrollment individuals	107027
who are eligible for a home and community-based services medicaid	107028
waiver component and ~~on a waiting list for the component;~~	107029

~~(ii) Are receiving inpatient hospital services or residing in~~	107030
~~an intermediate care facility for the mentally retarded or nursing~~	107031
~~facility (as appropriate for the component);~~	107032

~~(iii) Choose~~choose to be enrolled in the component.

107033

~~(b) Approving the enrollment of individuals identified under~~	107034
~~the procedures established under division (B)(7)(a) of this~~	107035
~~section into the home and community-based services medicaid waiver~~	107036
~~component.~~;	107037

(8) Procedures for enforcing the rules, including	107038
establishing corrective action plans for, and imposing financial	107039
and administrative sanctions on, persons and government entities	107040
that violate the rules. Sanctions shall include terminating	107041
medicaid provider agreements. The procedures shall include due	107042
process protections.	107043

(9) Other policies necessary for the efficient administration	107044
of the medicaid waiver components.	107045

(C) The director of job and family services may adopt	107046
different rules for the different medicaid waiver components. The	107047
rules shall be consistent with the terms of the waiver authorizing	107048
the medicaid waiver component.	107049

(D) ~~Any~~The following apply to procedures established under	107050
division (B)(7) of this section:	107051

(1) Any such procedures established for the medicaid-funded	107052
component of the PASSPORT program shall be consistent with section	107053
173.401 of the Revised Code. ~~Any~~	107054

(2) Any such procedures established for the Ohio home care	107055
program shall be consistent with section 5111.862 of the Revised	107056
Code.	107057

(3) Any such procedures established for the unified long-term	107058
services and support medicaid waiver program shall be consistent	107059
with section 5111.865 of the Revised Code.	107060

(4) Any such procedures established ~~under division (B)(7) of~~	107061
~~this section~~ for the medicaid-funded component of the assisted	107062
living program shall be consistent with section 5111.894 of the	107063
Revised Code.	107064

Sec. 5111.861. (A) As used in this section:

107065

"Medicaid waiver component" has the same meaning as in	107066
section 5111.85 of the Revised Code.	107067

"Unified long-term services and support medicaid waiver	107068
component" means the medicaid waiver component authorized by	107069
section 5111.864 of the Revised Code.	107070

(B) Subject to division (C) of this section, there is hereby	107071
created the Ohio home care program. The program shall provide home	107072
and community-based services. The department of job and family	107073
services shall administer the program.	107074

(C) If the unified long-term services and support medicaid	107075
waiver component is created, the departments of aging and job and	107076
family services shall work together to determine whether the Ohio	107077
home care program should continue to operate as a separate	107078
medicaid waiver component or be terminated. If the departments	107079
determine that the Ohio home care program should be terminated,	107080
the program shall cease to exist on a date the departments shall	107081
specify.	107082

Sec. 5111.862. (A) As used in this section:

107083

"Nursing facility" has the same meaning as in section 5111.20	107084
of the Revised Code.	107085

"Ohio home care program" means the medicaid waiver component	107086
created under section 5111.861 of the Revised Code.	107087

(B) Subject to division (C) of section 5111.861 of the	107088
Revised Code, the department of job and family services shall	107089
establish a home first component of the Ohio home care program	107090
under which eligible individuals may be enrolled in the Ohio home	107091
care program in accordance with this section. An individual is	107092
eligible for the Ohio home care program's home first component if	107093
both of the following apply:	107094

(1) The individual has been determined to be eligible for the	107095
Ohio home care program.	107096

(2) At least one of the following applies:

107097

(a) The individual has been admitted to a nursing facility.

107098

(b) A physician has determined and documented in writing that	107099
the individual has a medical condition that, unless the individual	107100
is enrolled in home and community-based services such as the Ohio	107101
home care program, will require the individual to be admitted to a	107102
nursing facility within thirty days of the physician's	107103
determination.	107104

(c) The individual has been hospitalized and a physician has	107105
determined and documented in writing that, unless the individual	107106
is enrolled in home and community-based services such as the Ohio	107107
home care program, the individual is to be transported directly	107108
from the hospital to a nursing facility and admitted.	107109

(C) Each month, each county department of job and family	107110
services shall identify individuals residing in the county that	107111
the county department serves who are eligible for the home first	107112
component of the Ohio home care program. When a county department	107113
identifies such an individual, the county department shall	107114
determine whether the Ohio home care program is appropriate for	107115
the individual and whether the individual would rather participate	107116
in the Ohio home care program than continue or begin to reside in	107117
a nursing facility. If the county department determines that the	107118
Ohio home care program is appropriate for the individual and the	107119
individual would rather participate in the Ohio home care program	107120
than continue or begin to reside in a nursing facility, the county	107121
department shall so notify the state department of job and family	107122
services. On receipt of the notice from the county department, the	107123
state department shall approve the individual's enrollment in the	107124
Ohio home care program regardless of the waiting list for the Ohio	107125
home care program, unless the enrollment would cause the Ohio home	107126
care program to exceed any limit on the number of individuals who	107127
may be enrolled in the program as set by the United States	107128
secretary of health and human services in the waiver authorizing	107129
the Ohio home care program.	107130

Sec. 5111.863. (A) As used in this section:

107131

"Medicaid waiver component" has the same meaning as in	107132
section 5111.85 of the Revised Code.	107133

"Unified long-term services and support medicaid waiver	107134
component" means the medicaid waiver component authorized by	107135
section 5111.864 of the Revised Code.	107136

(B) Subject to division (C) of this section, there is hereby	107137
created the Ohio transitions II aging carve-out program. The	107138
program shall provide home and community-based services. The	107139
department of job and family services shall administer the	107140
program.	107141

(C) If the unified long-term services and support medicaid	107142
waiver component is created, the departments of aging and job and	107143
family services shall work together to determine whether the Ohio	107144
transitions II aging carve-out program should continue to operate	107145
as a separate medicaid waiver component or be terminated. If the	107146
departments determine that the Ohio transitions II aging carve-out	107147
program should be terminated, the program shall cease to exist on	107148
a date the departments shall specify.	107149

Sec. 5111.864. (A) As used in this section:

107150

"Medicaid waiver component" has the same meaning as in	107151
section 5111.85 of the Revised Code.	107152

"Nursing facility" has the same meaning as in section 5111.20	107153
of the Revised Code.	107154

(B) The director of job and family services shall submit a	107155
request to the United States secretary of health and human	107156
services pursuant to section 1915n of the "Social Security Act,"	107157
95 Stat. 809 (1981), 42 U.S.C. 1396n, as amended, to obtain	107158
approval to create a unified long-term services and support	107159
medicaid waiver component to provide home and community-based	107160
services to eligible individuals of any age who require the level	107161
of care provided by nursing facilities. The director of job and	107162
family services shall work with the director of aging in seeking	107163
approval of the unified long-term services and support medicaid	107164
waiver component and, if the approval is obtained, in creating and	107165
implementing the component.	107166

If the request to create the unified long-term services and	107167
support medicaid waiver component is approved, the director of job	107168
and family services, working with the director of aging, shall	107169
adopt rules under section 5111.85 of the Revised Code to implement	107170
the component. The rules may authorize the director of aging to	107171
adopt rules in accordance with Chapter 119. of the Revised Code	107172
governing aspects of the unified long-term services and support	107173
medicaid waiver component.	107174

Sec. 5111.865. (A) As used in this section:

107175

"Nursing facility" has the same meaning as in section 5111.20	107176
of the Revised Code.	107177

"Residential care facility" has the same meaning as in	107178
section 3721.01 of the Revised Code.	107179

"Unified long-term services and support medicaid waiver	107180
program" or "program" means the medicaid waiver component	107181
authorized by section 5111.864 of the Revised Code.	107182

(B) If the United States secretary of health and human	107183
services approves the request submitted under section 5111.864 of	107184
the Revised Code to create the unified long-term services and	107185
support medicaid waiver program, the department of job and family	107186
services shall establish a home first component of the program	107187
under which eligible individuals may be enrolled in the program in	107188
accordance with this section. An individual is eligible for the	107189
program's home first component if both of the following apply:	107190

(1) The individual has been determined to be eligible for the	107191
program.	107192

(2) At least one of the following applies:

107193

(a) The individual has been admitted to a nursing facility.

107194

(b) A physician has determined and documented in writing that	107195
the individual has a medical condition that, unless the individual	107196
is enrolled in home and community-based services such as the	107197
program, will require the individual to be admitted to a nursing	107198
facility within thirty days of the physician's determination.	107199

(c) The individual has been hospitalized and a physician has	107200
determined and documented in writing that, unless the individual	107201
is enrolled in home and community-based services such as the	107202
program, the individual is to be transported directly from the	107203
hospital to a nursing facility and admitted;	107204

(d) Both of the following apply:

107205

(i) The individual is the subject of a report made under	107206
section 5101.61 of the Revised Code regarding abuse, neglect, or	107207
exploitation or such a report referred to a county department of	107208
job and family services under section 5126.31 of the Revised Code	107209
or has made a request to a county department for protective	107210
services as defined in section 5101.60 of the Revised Code.	107211

(ii) A county department of job and family services and an	107212
area agency on aging have jointly documented in writing that,	107213
unless the individual is enrolled in home and community-based	107214
services such as the assisted living program, the individual	107215
should be admitted to a nursing facility.	107216

(e) If individuals residing in a residential care facility	107217
are eligible for the program, the individual resided in a	107218
residential care facility for at least six months immediately	107219
before applying for the program and is at risk of imminent	107220
admission to a nursing facility because the costs of residing in	107221
the residential care facility have depleted the individual's	107222
resources such that the individual is unable to continue to afford	107223
the cost of residing in the residential care facility.	107224

(C) Each month, each county department of job and family	107225
services and each area agency on aging shall identify individuals	107226
residing in the county or area that the county department or	107227
agency serves who are eligible for the home first component of the	107228
unified long-term services and support medicaid waiver program.	107229
When a county department or agency identifies such an individual,	107230
the county department or agency shall determine whether the	107231
program is appropriate for the individual and whether the	107232
individual would rather participate in the program than continue	107233
or begin to reside in a nursing facility. If the county department	107234
or agency determines that the program is appropriate for the	107235
individual and the individual would rather participate in the	107236
program than continue or begin to reside in a nursing facility,	107237
the county department or agency shall so notify the state	107238
department of job and family services. On receipt of the notice	107239
from the county department or agency, the state department shall	107240
approve the individual's enrollment in the program regardless of	107241
the waiting list for the program, unless the enrollment would	107242
cause the program to exceed any limit on the number of individuals	107243
who may be enrolled in the program as set by the United States	107244
secretary of health and human services in the waiver authorizing	107245
the program.	107246

Sec. 5111.871. The department of job and family services	107247
shall enter into a contract with the department of developmental	107248
disabilities under section 5111.91 of the Revised Code with regard	107249
to one or more of the medicaid waiver components ~~of the medicaid~~	107250
~~program~~ established by the department of job and family services	107251
under ~~one or more of the medicaid waivers sought under~~ section	107252
5111.87 of the Revised Code. Subject, if needed, to the approval	107253
of the United States secretary of health and human services, the	107254
contract shall include the medicaid waiver component known as the	107255
transitions developmental disabilities waiver. The contract shall	107256
provide for the department of developmental disabilities to	107257
administer the components in accordance with the terms of the	107258
waivers. The contract shall include a schedule for the department	107259
of developmental disabilities to begin administering the	107260
transitions developmental disabilities waiver. The directors of	107261
job and family services and developmental disabilities shall adopt	107262
rules in accordance with Chapter 119. of the Revised Code	107263
governing the components.	107264

If the department of developmental disabilities or the	107265
department of job and family services denies an individual's	107266
application for home and community-based services provided under	107267
any of these medicaid components, the department that denied the	107268
services shall give timely notice to the individual that the	107269
individual may request a hearing under section 5101.35 of the	107270
Revised Code.	107271

The departments of developmental disabilities and job and	107272
family services may approve, reduce, deny, or terminate a service	107273
included in the individualized service plan developed for a	107274
medicaid recipient eligible for home and community-based services	107275
provided under any of these medicaid components. The departments	107276
shall consider the recommendations a county board of developmental	107277
disabilities makes under division (A)(1)(c) of section 5126.055 of	107278
the Revised Code. If either department approves, reduces, denies,	107279
or terminates a service, that department shall give timely notice	107280
to the medicaid recipient that the recipient may request a hearing	107281
under section 5101.35 of the Revised Code.	107282

If supported living, as defined in section 5126.01 of the	107283
Revised Code, is to be provided as a service under any of these	107284
components, any person or government entity with a current, valid	107285
medicaid provider agreement and a current, valid certificate under	107286
section 5123.161 of the Revised Code may provide the service.	107287

If a service is to be provided under any of these components	107288
by a residential facility, as defined in section 5123.19 of the	107289
Revised Code, any person or government entity with a current,	107290
valid medicaid provider agreement and a current, valid license	107291
under section 5123.19 of the Revised Code may provide the service.	107292

Sec. 5111.872. ~~When~~(A) Subject to division (B) of this	107293
section, when the department of developmental disabilities	107294
allocates enrollment numbers to a county board of developmental	107295
disabilities for home and community-based services specified in	107296
division (B)(1) of section 5111.87 of the Revised Code and	107297
provided under any of the medicaid waiver components ~~of the~~	107298
~~medicaid program~~ that the department administers under section	107299
5111.871 of the Revised Code, the department shall consider all of	107300
the following:	107301

~~(A)~~(1) The number of individuals with mental retardation or	107302
other developmental disability who are on a waiting list the	107303
county board establishes under ~~division (C) of~~ section 5126.042 of	107304
the Revised Code for those services and are given priority on the	107305
waiting list ~~pursuant to division (D) or (E) of that section~~;	107306

~~(B)~~(2) The implementation component required by division	107307
(A)(3) of section 5126.054 of the Revised Code of the county	107308
board's plan approved under section 5123.046 of the Revised Code;	107309

~~(C)~~(3) Anything else the department considers necessary to	107310
enable county boards to provide those services to individuals in	107311
accordance with the priority requirements ~~of divisions (D) and (E)~~	107312
offor waiting lists established under section 5126.042 of the	107313
Revised Code for those services.	107314

(B) Division (A) of this section applies to home and	107315
community-based services provided under the medicaid waiver	107316
component known as the transitions developmental disabilities	107317
waiver only to the extent, if any, provided by the contract	107318
required by section 5111.871 of the Revised Code regarding the	107319
waiver.	107320

Sec. 5111.873. (A) ~~Not later than the effective date of the~~	107321
~~first of any medicaid waivers the United States secretary of~~	107322
~~health and human services grants pursuant to a request made under~~	107323
~~section 5111.87 of the Revised Code~~Subject to division (D) of	107324
this section, the director of job and family services shall adopt	107325
rules in accordance with Chapter 119. of the Revised Code	107326
establishing ~~statewide fee schedules~~the amount of reimbursement	107327
or the methods by which amounts of reimbursement are to be	107328
determined for home and community-based services specified in	107329
division (B)(1) of section 5111.87 of the Revised Code and	107330
provided under the components of the medicaid program that the	107331
department of developmental disabilities administers under section	107332
5111.871 of the Revised Code. ~~The~~With respect to these rules	107333
~~shall provide for~~, all of the following apply:	107334

(1) The rules shall establish procedures for the department	107335
of developmental disabilities to follow in arranging for the	107336
initial and ongoing collection of cost information from a	107337
comprehensive, statistically valid sample of persons and	107338
government entities providing the services at the time the	107339
information is obtained;.	107340

(2) The rules shall establish procedures for the collection	107341
of consumer-specific information through an assessment instrument	107342
the department of developmental disabilities shall provide to the	107343
department of job and family services;.	107344

(3) With the information collected pursuant to divisions	107345
(A)(1) and (2) of this section, an analysis of that information,	107346
and other information the director determines relevant, ~~methods~~	107347
~~and~~the rules shall establish reimbursement standards ~~for~~	107348
~~calculating the fee schedules~~ that do all of the following:	107349

(a) Assure that ~~the fees are~~reimbursement is consistent with	107350
efficiency, economy, and quality of care;	107351

(b) Consider the intensity of consumer resource need;

107352

(c) Recognize variations in different geographic areas	107353
regarding the resources necessary to assure the health and welfare	107354
of consumers;	107355

(d) Recognize variations in environmental supports available	107356
to consumers.	107357

(B) As part of the process of adopting rules under this	107358
section, the director shall consult with the director of	107359
developmental disabilities, representatives of county boards of	107360
developmental disabilities, persons who provide the home and	107361
community-based services, and other persons and government	107362
entities the director identifies.	107363

(C) The directors of job and family services and	107364
developmental disabilities shall review the rules adopted under	107365
this section at times they determine are necessary to ensure that	107366
the ~~methods and~~amount of reimbursement or the methods by which	107367
the amounts of reimbursement are to be determined continue to meet	107368
the reimbursement standards established ~~by the rules for~~	107369
~~calculating the fee schedules continue to do everything that~~under	107370
division (A)(3) of this section ~~requires~~.	107371

(D) This section applies to home and community-based services	107372
provided under the medicaid waiver component known as the	107373
transitions developmental disabilities waiver only to the extent,	107374
if any, provided by the contract required by section 5111.871 of	107375
the Revised Code regarding the waiver.	107376

Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710	107377
of the Revised Code:	107378

"Home and community-based services" has the same meaning as	107379
in section 5123.01 of the Revised Code.	107380

"ICF/MR services" means intermediate care facility for the	107381
mentally retarded services covered by the medicaid program that an	107382
intermediate care facility for the mentally retarded provides to a	107383
resident of the facility who is a medicaid recipient eligible for	107384
medicaid-covered intermediate care facility for the mentally	107385
retarded services.	107386

"Intermediate care facility for the mentally retarded" means	107387
an intermediate care facility for the mentally retarded that is	107388
certified as in compliance with applicable standards for the	107389
medicaid program by the director of health in accordance with	107390
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	107391
U.S.C. 1396, as amended, and licensed as a residential facility	107392
under section 5123.19 of the Revised Code.	107393

"Residential facility" has the same meaning as in section	107394
5123.19 of the Revised Code.	107395

(B) For the purpose of increasing the number of slots	107396
available for home and community-based services and subject to	107397
sections 5111.877 and 5111.878 of the Revised Code, the operator	107398
of an intermediate care facility for the mentally retarded may	107399
convert some or all of the beds in the facility from providing	107400
ICF/MR services to providing home and community-based services if	107401
all of the following requirements are met:	107402

(1) The operator provides the directors of health, job and	107403
family services, and developmental disabilities at least ninety	107404
days' notice of the operator's intent to ~~relinquish the facility's~~	107405
~~certification as an intermediate care facility for the mentally~~	107406
~~retarded and to begin providing home and community-based services~~	107407
make the conversion.	107408

(2) The operator complies with the requirements of sections	107409
5111.65 to 5111.689 of the Revised Code regarding a voluntary	107410
termination as defined in section 5111.65 of the Revised Code if	107411
those requirements are applicable.	107412

(3) ~~The~~If the operator intends to convert all of the	107413
facility's beds, the operator notifies each of the facility's	107414
residents that the facility is to cease providing ICF/MR services	107415
and inform each resident that the resident may do either of the	107416
following:	107417

(a) Continue to receive ICF/MR services by transferring to	107418
another facility that is an intermediate care facility for the	107419
mentally retarded willing and able to accept the resident if the	107420
resident continues to qualify for ICF/MR services;	107421

(b) Begin to receive home and community-based services	107422
instead of ICF/MR services from any provider of home and	107423
community-based services that is willing and able to provide the	107424
services to the resident if the resident is eligible for the	107425
services and a slot for the services is available to the resident.	107426

(4) If the operator intends to convert some but not all of	107427
the facility's beds, the operator notifies each of the facility's	107428
residents that the facility is to convert some of its beds from	107429
providing ICF/MR services to providing home and community-based	107430
services and inform each resident that the resident may do either	107431
of the following:	107432

(a) Continue to receive ICF/MR services from any provider of	107433
ICF/MR services that is willing and able to provide the services	107434
to the resident if the resident continues to qualify for ICF/MR	107435
services;	107436

(b) Begin to receive home and community-based services	107437
instead of ICF/MR services from any provider of home and	107438
community-based services that is willing and able to provide the	107439
services to the resident if the resident is eligible for the	107440
services and a slot for the services is available to the resident.	107441

(5) The operator meets the requirements for providing home	107442
and community-based services, including the following:	107443

(a) Such requirements applicable to a residential facility if	107444
the operator maintains the facility's license as a residential	107445
facility;	107446

(b) Such requirements applicable to a facility that is not	107447
licensed as a residential facility if the operator surrenders the	107448
facility's residential facility license under section 5123.19 of	107449
the Revised Code.	107450

~~(5)~~(6) The ~~director~~directors of developmental disabilities	107451
~~approves~~and job and family services approve the conversion.	107452

(C) A decision by the directors to approve or refuse to	107453
approve a proposed conversion of beds is final. In making a	107454
decision, the directors shall consider all of the following:	107455

(1) The fiscal impact on the facility if some but not all of	107456
the beds are converted;	107457

(2) The fiscal impact on the medical assistance program;

107458

(3) The availability of home and community-based services.

107459

(D) The notice provided to the directors under division	107460
(B)(1) of this section shall specify whether some or all of the	107461
facility's beds are to be converted. If some but not all of the	107462
beds are to be converted, the notice shall specify how many of the	107463
facility's beds are to be converted and how many of the beds are	107464
to continue to provide ICF/MR services. The notice to the director	107465
of developmental disabilities ~~under division (B)(1) of this~~	107466
~~section~~ shall specify whether the operator wishes to surrender the	107467
facility's license as a residential facility under section 5123.19	107468
of the Revised Code.	107469

~~(D)~~(E)(1) If the ~~director~~directors of developmental	107470
disabilities ~~approves~~and job and family services approve a	107471
conversion under division ~~(B)~~(C) of this section, the director of	107472
health shall ~~terminate~~do the following:	107473

(a) Terminate the certification of the intermediate care	107474
facility for the mentally retarded if the notice specifies that	107475
all of the facility's beds are to be converted;	107476

(b) Reduce the facility's certified capacity by the number of	107477
beds being converted if the notice specifies that some but not all	107478
of the beds are to be converted. ~~The~~	107479

(2) The director of health shall notify the director of job	107480
and family services of the termination or reduction. On receipt of	107481
the director of health's notice, the director of job and family	107482
services shall ~~terminate~~do the following:	107483

(a) Terminate the operator's medicaid provider agreement that	107484
authorizes the operator to provide ICF/MR services at the facility	107485
if the facility's certification was terminated;	107486

(b) Amend the operator's medicaid provider agreement to	107487
reflect the facility's reduced certified capacity if the	107488
facility's certified capacity is reduced. ~~The~~	107489

(3) In the case of action taken under division (E)(2)(a) of	107490
this section, the operator is not entitled to notice or a hearing	107491
under Chapter 119. of the Revised Code before the director of job	107492
and family services terminates the medicaid provider agreement.	107493

Sec. 5111.877. The director of job and family services may	107494
seek approval from the United States secretary of health and human	107495
services for not more than a total of ~~one~~two hundred slots for	107496
home and community-based services for the purposes of sections	107497
5111.874, 5111.875, and 5111.876 of the Revised Code.	107498

Sec. 5111.88. (A) As used in sections 5111.88 to 5111.8811	107499
of the Revised Code:	107500

(1) "Adult" means an individual at least eighteen years of	107501
age.	107502

(2) "Authorized representative" means the following:

107503

(a) In the case of a consumer who is a minor, the consumer's	107504
parent, custodian, or guardian;	107505

(b) In the case of a consumer who is an adult, an individual	107506
selected by the consumer pursuant to section 5111.8810 of the	107507
Revised Code to act on the consumer's behalf for purposes	107508
regarding home care attendant services.	107509

(3) "Authorizing health care professional" means a health	107510
care professional who, pursuant to section 5111.887 of the Revised	107511
Code, authorizes a home care attendant to assist a consumer with	107512
self-administration of medication, nursing tasks, or both.	107513

(4) "Consumer" means an individual to whom all of the	107514
following apply:	107515

(a) The individual is enrolled in a participating medicaid	107516
waiver component.	107517

(b) The individual has a medically determinable physical	107518
impairment to which both of the following apply:	107519

(i) It is expected to last for a continuous period of not	107520
less than twelve months.	107521

(ii) It causes the individual to require assistance with	107522
activities of daily living, self-care, and mobility, including	107523
either assistance with self-administration of medication or the	107524
performance of nursing tasks, or both.	107525

(c) In the case of an individual who is an adult, the	107526
individual is mentally alert and is, or has an authorized	107527
representative who is, capable of selecting, directing the actions	107528
of, and dismissing a home care attendant.	107529

(d) In the case of an individual who is a minor, the	107530
individual has an authorized representative who is capable of	107531
selecting, directing the actions of, and dismissing a home care	107532
attendant.	107533

(5) "Controlled substance" has the same meaning as in section	107534
3719.01 of the Revised Code.	107535

(6) "Custodian" has the same meaning as in section 2151.011	107536
of the Revised Code.	107537

(7) "Gastrostomy tube" means a percutaneously inserted	107538
catheter that terminates in the stomach.	107539

(8) "Guardian" has the same meaning as in section 2111.01 of	107540
the Revised Code.	107541

(9) "Health care professional" means a physician or	107542
registered nurse.	107543

(10) "Home care attendant" means an individual holding a	107544
valid medicaid provider agreement in accordance with section	107545
5111.881 of the Revised Code that authorizes the individual to	107546
provide home care attendant services to consumers.	107547

(11) "Home care attendant services" means all of the	107548
following as provided by a home care attendant:	107549

(a) Personal care aide services;

107550

(b) Assistance with the self-administration of medication;

107551

107552

(12) "Jejunostomy tube" means a percutaneously inserted	107553
catheter that terminates in the jejunum.	107554

(13) "Medicaid waiver component" has the same meaning as in	107555
section 5111.85 of the Revised Code.	107556

(14) "Medication" means a drug as defined in section 4729.01	107557
of the Revised Code.	107558

(15) "Minor" means an individual under eighteen years of age.

107559

(16) "Participating medicaid waiver component" means both of	107560
the following:	107561

(a) The ~~medicaid waiver component known as~~ Ohio home care	107562
~~that the department of job and family services administers~~program	107563
created under section 5111.861 of the Revised Code;	107564

(b) The ~~medicaid waiver component known as~~ Ohio transitions	107565
II aging carve-out ~~that the department of job and family services~~	107566
~~administers~~program created under section 5111.863 of the Revised	107567
Code.	107568

(17) "Physician" means an individual authorized under Chapter	107569
4731. of the Revised Code to practice medicine and surgery or	107570
osteopathic medicine and surgery.	107571

(18) "Practice of nursing as a registered nurse," "practice	107572
of nursing as a licensed practical nurse," and "registered nurse"	107573
have the same meanings as in section 4723.01 of the Revised Code.	107574
"Registered nurse" includes an advanced practice nurse, as defined	107575
in section 4723.01 of the Revised Code.	107576

(19) "Schedule II," "schedule III," "schedule IV," and	107577
"schedule V" have the same meanings as in section 3719.01 of the	107578
Revised Code.	107579

(B) The director of job and family services may submit	107580
requests to the United States secretary of health and human	107581
services to amend the federal medicaid waivers authorizing the	107582
participating medicaid waiver components to have those components	107583
cover home care attendant services in accordance with sections	107584
5111.88 to 5111.8810 and rules adopted under section 5111.8811 of	107585
the Revised Code. Notwithstanding sections 5111.881 to 5111.8811	107586
of the Revised Code, those sections shall be implemented regarding	107587
a participating medicaid waiver component only if the secretary	107588
approves a waiver amendment for the component.	107589

Sec. 5111.89. (A) As used in sections 5111.89 to 5111.894 of	107590
the Revised Code:	107591

"Area agency on aging" has the same meaning as in section	107592
173.14 of the Revised Code.	107593

"Assisted living program" means the program created under	107594
this section.	107595

"Assisted living services" means the following home and	107596
community-based services: personal care, homemaker, chore,	107597
attendant care, companion, medication oversight, and therapeutic	107598
social and recreational programming.	107599

"Assisted living waiver" means the federal medicaid waiver	107600
granted by the United States secretary of health and human	107601
services that authorizes the medicaid-funded component of the	107602
assisted living program.	107603

"County or district home" means a county or district home	107604
operated under Chapter 5155. of the Revised Code.	107605

"Long-term care consultation program" means the program the	107606
department of aging is required to develop under section 173.42 of	107607
the Revised Code.	107608

"Long-term care consultation program administrator" or	107609
"administrator" means the department of aging or, if the	107610
department contracts with an area agency on aging or other entity	107611
to administer the long-term care consultation program for a	107612
particular area, that agency or entity.	107613

"Medicaid waiver component" has the same meaning as in	107614
section 5111.85 of the Revised Code.	107615

"Nursing facility" has the same meaning as in section 5111.20	107616
of the Revised Code.	107617

"Residential care facility" has the same meaning as in	107618
section 3721.01 of the Revised Code.	107619

~~"State administrative agency" means the department of job and~~	107620
~~family services if the department of job and family services~~	107621
~~administers the assisted living program or the department of aging~~	107622
~~if the department of aging administers the assisted living~~	107623
~~program.~~	107624

"Unified long-term services and support medicaid waiver	107625
component" means the medicaid waiver component authorized by	107626
section 5111.864 of the Revised Code.	107627

(B) There is hereby created the assisted living program. The	107628
program shall provide assisted living services to individuals who	107629
meet the program's applicable eligibility requirements ~~established~~	107630
~~under section 5111.891 of the Revised Code~~. ~~The~~Subject to	107631
division (C) of this section, the program ~~may not serve more~~	107632
~~individuals than the number that is set by the United States~~	107633
~~secretary of health and human services when the medicaid waiver~~	107634
~~authorizing the program is approved~~shall have a medicaid-funded	107635
component and a state-funded component.	107636

(C)(1) Unless the medicaid-funded component of the assisted	107637
living program is terminated under division (C)(2) of this	107638
section, all of the following apply:	107639

(a) The department of aging shall administer the	107640
medicaid-funded component through a contract entered into with the	107641
department of job and family services under section 5111.91 of the	107642
Revised Code.	107643

(b) The contract shall include an estimate of the	107644
medicaid-funded component's costs. ~~The program~~	107645

(c) The medicaid-funded component shall be operated as a	107646
separate medicaid waiver component ~~until the United States~~	107647
~~secretary approves the consolidated federal medicaid waiver sought~~	107648
~~under section 5111.861 of the Revised Code~~. ~~The program shall be~~	107649
~~part of the consolidated federal medicaid waiver sought under that~~	107650
~~section if the United States secretary approves the waiver.~~	107651

~~If the director of budget and management approves the~~	107652
~~contract, the department of job and family services shall enter~~	107653
~~into a contract with the department of aging under section 5111.91~~	107654
~~of the Revised Code that provides for the department of aging to~~	107655
~~administer the assisted living program. The contract shall include~~	107656
~~an estimate of the program's costs.~~	107657

~~The~~(d) The medicaid-funded component may not serve more	107658
individuals than is set by the United States secretary of health	107659
and human services in the assisted living waiver.	107660

(e) The director of job and family services may adopt rules	107661
under section 5111.85 of the Revised Code regarding the ~~assisted~~	107662
~~living program~~medicaid-funded component. ~~The~~	107663

(f) The director of aging may adopt rules under Chapter 119.	107664
of the Revised Code regarding the ~~program~~medicaid-funded	107665
component that the rules adopted by the director of job and family	107666
services under division (C)(1)(e) of this section authorize the	107667
director of aging to adopt.	107668

(2) If the unified long-term services and support medicaid	107669
waiver component is created, the departments of aging and job and	107670
family services shall work together to determine whether the	107671
medicaid-funded component of the assisted living program should	107672
continue to operate as a separate medicaid waiver component or be	107673
terminated. If the departments determine that the medicaid-funded	107674
component of the assisted living program should be terminated, the	107675
medicaid-funded component shall cease to exist on a date the	107676
departments shall specify.	107677

(D) The department of aging shall administer the state-funded	107678
component of the assisted living program. The state-funded	107679
component shall not be administered as part of the medicaid	107680
program.	107681

An individual who is eligible for the state-funded component	107682
may participate in the component for not more than three months.	107683

The director of aging shall adopt rules in accordance with	107684
section 111.15 of the Revised Code to implement the state-funded	107685
component.	107686

Sec. 5111.891. To be eligible for the medicaid-funded	107687
component of the assisted living program, an individual must meet	107688
all of the following requirements:	107689

(A) Need an intermediate level of care as determined under	107690
rule 5101:3-3-06 of the Administrative Code;	107691

(B) ~~At the time the individual applies for the assisted~~	107692
~~living program, be one of the following:~~	107693

~~(1) A nursing facility resident who is seeking to move to a~~	107694
~~residential care facility and would remain in a nursing facility~~	107695
~~for long~~-~~term care if not for the assisted living program;~~	107696

~~(2) A participant of any of the following medicaid waiver~~	107697
~~components who would move to a nursing facility if not for the~~	107698
~~assisted living program:~~	107699

~~(a) The PASSPORT program created under section 173.40 of the~~	107700
~~Revised Code;~~	107701

~~(b) The choices program created under section 173.403 of the~~	107702
~~Revised Code;~~	107703

~~(c) A medicaid waiver component that the department of job~~	107704
~~and family services administers.~~	107705

~~(3) A resident of a residential care facility who has resided~~	107706
~~in a residential care facility for at least six months immediately~~	107707
~~before the date the individual applies for the assisted living~~	107708
~~program.~~	107709

~~(C) At the time the individual receives~~While receiving	107710
assisted living services under the ~~assisted living program~~	107711
medicaid-funded component, reside in a residential care facility	107712
that is authorized by a valid medicaid provider agreement to	107713
participate in the ~~assisted living program~~component, including	107714
both of the following:	107715

(1) A residential care facility that is owned or operated by	107716
a metropolitan housing authority that has a contract with the	107717
United States department of housing and urban development to	107718
receive an operating subsidy or rental assistance for the	107719
residents of the facility;	107720

(2) A county or district home licensed as a residential care	107721
facility.	107722

~~(D)~~(C) Meet all other eligibility requirements for the	107723
~~assisted living program~~medicaid-funded component established in	107724
rules adopted ~~under~~pursuant to division (C) of section ~~5111.85~~	107725
5111.89 of the Revised Code.	107726

Sec. 5111.892. To be eligible for the state-funded component	107727
of the assisted living program, an individual must meet all of the	107728
following requirements:	107729

(A) The individual must need an intermediate level of care as	107730
determined under rule 5101:3-3-06 of the Administrative Code;	107731

(B) The individual must have an application for the	107732
medicaid-funded component of the assisted living program (or, if	107733
the medicaid-funded component is terminated under division (C)(2)	107734
of section 5111.89 of the Revised Code, the unified long-term	107735
services and support medicaid waiver component) pending and the	107736
department or the department's designee must have determined that	107737
the individual meets the nonfinancial eligibility requirements of	107738
the medicaid-funded component (or, if the medicaid-funded	107739
component is terminated under division (C)(2) of section 5111.89	107740
of the Revised Code, the unified long-term services and support	107741
medicaid waiver component) and not have reason to doubt that the	107742
individual meets the financial eligibility requirements of the	107743
medicaid-funded component (or, if the medicaid-funded component is	107744
terminated under division (C)(2) of section 5111.89 of the Revised	107745
Code, the unified long-term services and support medicaid waiver	107746
component).	107747

(C) While receiving assisted living services under	107748
state-funded component, the individual must reside in a	107749
residential care facility that is authorized by a valid provider	107750
agreement to participate in the component, including both of the	107751
following:	107752

(1) A residential care facility that is owned or operated by	107753
a metropolitan housing authority that has a contract with the	107754
United States department of housing and urban development to	107755
receive an operating subsidy or rental assistance for the	107756
residents of the facility;	107757

(2) A county or district home licensed as a residential care	107758
facility.	107759

(D) The individual must meet all other eligibility	107760
requirements for the state-funded component established in rules	107761
adopted under division (D) of section 5111.89 of the Revised Code.	107762

~~Sec. 5111.892.~~ Sec. 5111.893. A residential care facility	107763
providing services covered by the assisted living program to an	107764
individual enrolled in the program shall have staff on-site	107765
twenty-four hours each day who are able to do all of the	107766
following:	107767

(A) Meet the scheduled and unpredicted needs of the	107768
individuals enrolled in the assisted living program in a manner	107769
that promotes the individuals' dignity and independence;	107770

(B) Provide supervision services for those individuals;

107771

107772

Sec. 5111.894. (A) ~~The state administrative agency~~Subject	107773
to division (C)(2) of section 5111.89 of the Revised Code, the	107774
department of aging shall establish a home first component of the	107775
assisted living program under which eligible individuals may be	107776
enrolled in the medicaid-funded component of the assisted living	107777
program in accordance with this section. An individual is eligible	107778
for the assisted living program's home first component if ~~all~~both	107779
of the following apply:	107780

(1) The individual ishas been determined to be eligible for	107781
the medicaid-funded component of the assisted living program.	107782

(2) ~~The individual is on the unified waiting list established~~	107783
~~under section 173.404 of the Revised Code.~~	107784

~~(3)~~ At least one of the following applies:

107785

(a) The individual has been admitted to a nursing facility.

107786

(b) A physician has determined and documented in writing that	107787
the individual has a medical condition that, unless the individual	107788
is enrolled in home and community-based services such as the	107789
assisted living program, will require the individual to be	107790
admitted to a nursing facility within thirty days of the	107791
physician's determination.	107792

(c) The individual has been hospitalized and a physician has	107793
determined and documented in writing that, unless the individual	107794
is enrolled in home and community-based services such as the	107795
assisted living program, the individual is to be transported	107796
directly from the hospital to a nursing facility and admitted.	107797

(d) Both of the following apply:

107798

(i) The individual is the subject of a report made under	107799
section 5101.61 of the Revised Code regarding abuse, neglect, or	107800
exploitation or such a report referred to a county department of	107801
job and family services under section 5126.31 of the Revised Code	107802
or has made a request to a county department for protective	107803
services as defined in section 5101.60 of the Revised Code.	107804

(ii) A county department of job and family services and an	107805
area agency on aging have jointly documented in writing that,	107806
unless the individual is enrolled in home and community-based	107807
services such as the assisted living program, the individual	107808
should be admitted to a nursing facility.	107809

(e) The individual resided in a residential care facility for	107810
at least six months immediately before applying for the	107811
medicaid-funded component of the assisted living program and is at	107812
risk of imminent admission to a nursing facility because the costs	107813
of residing in the residential care facility have depleted the	107814
individual's resources such that the individual is unable to	107815
continue to afford the cost of residing in the residential care	107816
facility.	107817

(B) Each month, each area agency on aging shall identify	107818
individuals residing in the area that the area agency on aging	107819
serves who are eligible for the home first component of the	107820
assisted living program. When an area agency on aging identifies	107821
such an individual and determines that there is a vacancy in a	107822
residential care facility participating in the medicaid-funded	107823
component of the assisted living program that is acceptable to the	107824
individual, the agency shall notify the long-term care	107825
consultation program administrator serving the area in which the	107826
individual resides. The administrator shall determine whether the	107827
assisted living program is appropriate for the individual and	107828
whether the individual would rather participate in the assisted	107829
living program than continue or begin to reside in a nursing	107830
facility. If the administrator determines that the assisted living	107831
program is appropriate for the individual and the individual would	107832
rather participate in the assisted living program than continue or	107833
begin to reside in a nursing facility, the administrator shall so	107834
notify the ~~state administrative agency~~department of aging. On	107835
receipt of the notice from the administrator, the ~~state~~	107836
~~administrative agency~~department shall approve the individual's	107837
enrollment in the medicaid-funded component of the assisted living	107838
program regardless of the unified waiting list established under	107839
section 173.404 of the Revised Code, unless the enrollment would	107840
cause the ~~assisted living program~~component to exceed any limit on	107841
the number of individuals who may participate in the ~~program~~	107842
component as set by the United States secretary of health and	107843
human services ~~when the medicaid waiver authorizing~~in the ~~program~~	107844
~~is approved~~assisted living waiver.	107845

~~(C) Each quarter, the state administrative agency shall~~	107846
~~certify to the director of budget and management the estimated~~	107847
~~increase in costs of the assisted living program resulting from~~	107848
~~enrollment of individuals in the assisted living program pursuant~~	107849
~~to this section.~~	107850

Sec. 5111.911. Any contract the department of job and family	107851
services enters into with the department of mental health or	107852
department of alcohol and drug addiction services under section	107853
5111.91 of the Revised Code is subject to the approval of the	107854
director of budget and management and shall require or specify all	107855
of the following:	107856

(A) In the case of a contract with the department of mental	107857
health, that section 5111.912 of the Revised Code be complied	107858
with;	107859

(B) In the case of a contract with the department of alcohol	107860
and drug addiction services, that section 5111.913 of the Revised	107861
Code be complied with;	107862

107863

(D) The department of mental health's or department of	107864
alcohol and drug addiction services' responsibilities ~~for~~	107865
~~reimbursing~~with regard to providers, including program oversight	107866
and quality assurance.	107867

Sec. 5111.912. If the department of job and family services	107868
enters into a contract with the department of mental health under	107869
section 5111.91 of the Revised Code, the department of ~~mental~~	107870
~~health and boards of alcohol, drug addiction, and mental health~~	107871
job and family services shall pay the nonfederal share of any	107872
medicaid payment to a provider for services under the component,	107873
or aspect of the component, the department of mental health	107874
administers. If necessary, the director of job and family services	107875
shall submit a medicaid state plan amendment to the United States	107876
secretary of health and human services regarding the department of	107877
job and family services' duty under this section.	107878

Sec. 5111.913. If the department of job and family services	107879
enters into a contract with the department of alcohol and drug	107880
addiction services under section 5111.91 of the Revised Code, the	107881
department of ~~alcohol and drug addiction services and boards of~~	107882
~~alcohol, drug addiction, and mental health~~job and family services	107883
shall pay the nonfederal share of any medicaid payment to a	107884
provider for services under the component, or aspect of the	107885
component, the department of alcohol and drug addiction services	107886
administers. If necessary, the director of job and family services	107887
shall submit a medicaid state plan amendment to the United States	107888
secretary of health and human services regarding the department of	107889
job and family services' duty under this section.	107890

Sec. 5111.94. (A) As used in this section, "vendor offset"	107891
means a reduction of a medicaid payment to a medicaid provider to	107892
correct a previous, incorrect medicaid payment to that provider.	107893

(B) There is hereby created in the state treasury the health	107894
care services administration fund. Except as provided in division	107895
(C) of this section, all the following shall be deposited into the	107896
fund:	107897

(1) Amounts deposited into the fund pursuant to sections	107898
5111.92 and 5111.93 of the Revised Code;	107899

(2) The amount of the state share of all money the department	107900
of job and family services, in fiscal year 2003 and each fiscal	107901
year thereafter, recovers pursuant to a tort action under the	107902
department's right of recovery under section 5101.58 of the	107903
Revised Code that exceeds the state share of all money the	107904
department, in fiscal year 2002, recovers pursuant to a tort	107905
action under that right of recovery;	107906

(3) Subject to division (D) of this section, the amount of	107907
the state share of all money the department of job and family	107908
services, in fiscal year 2003 and each fiscal year thereafter,	107909
recovers through audits of medicaid providers that exceeds the	107910
state share of all money the department, in fiscal year 2002,	107911
recovers through such audits;	107912

(4) Amounts from assessments on hospitals under section	107913
5112.06 of the Revised Code and intergovernmental transfers by	107914
governmental hospitals under section 5112.07 of the Revised Code	107915
that are deposited into the fund in accordance with the law;	107916

(5) Amounts that the department of education pays to the	107917
department of job and family services, if any, pursuant to an	107918
interagency agreement entered into under section 5111.713 of the	107919
Revised Code;	107920

(6) The application fees charged to providers under section	107921
5111.063 of the Revised Code.	107922

(C) No funds shall be deposited into the health care services	107923
administration fund in violation of federal statutes or	107924
regulations.	107925

(D) In determining under division (B)(3) of this section the	107926
amount of money the department, in a fiscal year, recovers through	107927
audits of medicaid providers, the amount recovered in the form of	107928
vendor offset shall be excluded.	107929

(E) The director of job and family services shall use funds	107930
available in the health care services administration fund to pay	107931
for costs associated with the administration of the medicaid	107932
program.	107933

Sec. 5111.941. ~~(A)~~ The medicaid revenue and collections fund	107934
is hereby created in the state treasury. Except as otherwise	107935
provided by statute or as authorized by the controlling board,	107936
~~both of the following shall be credited to the fund:~~	107937

~~(1) The~~the nonfederal share of all medicaid-related	107938
revenues, collections, and recoveries;	107939

~~(2) The monthly premiums charged under the children's buy-in~~	107940
~~program pursuant to section 5101.5213 of the Revised Code~~shall be	107941
credited to the fund.	107942

~~(B)~~ The department of job and family services shall use money	107943
credited to the medicaid revenue and collections fund to pay for	107944
medicaid services and contracts ~~and the children's buy-in program~~	107945
~~established under sections 5101.5211 to 5101.5216 of the Revised~~	107946
~~Code~~.	107947

Sec. 5111.944. (A) As used in this section:

107948

"Dual eligible individual" has the same meaning as in section	107949
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),	107950
42 U.S.C. 1396n(h)(2)(B).	107951

"Dual eligible integrated care demonstration project" means	107952
the demonstration project authorized by section 5111.981 of the	107953
Revised Code.	107954

"Medicare program" means the program created under Title	107955
XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.	107956
1395, as amended.	107957

(B) There is created in the state treasury the integrated	107958
care delivery systems fund. If the terms of the federal approval	107959
for the dual eligible integrated care demonstration project	107960
provide for the state to receive a portion of the amounts that the	107961
demonstration project saves the medicare program, such amounts	107962
shall be deposited into the fund. The department of job and family	107963
services shall use the money in the fund to further develop	107964
integrated delivery systems and improved care coordination for	107965
dual eligible individuals.	107966

Sec. 5111.945. There is created in the state treasury the	107967
health care special activities fund. The department of job and	107968
family services shall deposit all funds it receives pursuant to	107969
the administration of the medicaid program into the fund, other	107970
than any such funds that are required by law to be deposited into	107971
another fund. The department shall use the money in the fund to	107972
pay for expenses related to the services provided under, and the	107973
administration of, the medicaid program.	107974

Sec. 5111.97. (A) As used in this section ~~and in section~~	107975
~~5111.971 of the Revised Code~~, "nursing facility" has the same	107976
meaning as in section 5111.20 of the Revised Code.	107977

(B) To the extent funds are available, the director of job	107978
and family services may establish the Ohio access success project	107979
to help medicaid recipients make the transition from residing in a	107980
nursing facility to residing in a community setting. The ~~program~~	107981
project may be established as a separate ~~non-medicaid~~nonmedicaid	107982
program or integrated into a new or existing program of	107983
medicaid-funded home and community-based services authorized by a	107984
waiver approved by the United States department of health and	107985
human services. The director shall permit any recipient of	107986
medicaid-funded nursing facility services to apply for	107987
participation in the ~~program~~project, but may limit the number of	107988
~~program~~project participants. ~~If an application is received before~~	107989
~~the applicant has been a recipient of medicaid-funded nursing~~	107990
~~facility services for six months, the~~	107991

The director shall ensure that an assessment of an applicant	107992
is conducted as soon as practicable to determine whether the	107993
applicant is eligible for participation in the ~~program~~project. To	107994
the maximum extent possible, the assessment and eligibility	107995
determination shall be completed not later than the date that	107996
occurs six months after the applicant became a recipient of	107997
medicaid-funded nursing facility services.	107998

(C) To be eligible for benefits under the project, a medicaid	107999
recipient must satisfy all of the following requirements:	108000

(1) BeThe medicaid recipient must be a recipient of	108001
medicaid-funded nursing facility services, at the time of applying	108002
for the project benefits;.	108003

(2) ~~Need the level of care provided by nursing facilities;~~

108004

~~(3) For participation in a non-medicaid~~If the project is	108005
established as a nonmedicaid program, ~~receive services~~the	108006
medicaid recipient must be able to remain in the community ~~with a~~	108007
as a result of receiving project benefits and the projected cost	108008
of the benefits to the project does not ~~exceeding~~exceed eighty	108009
per cent of the average monthly medicaid cost of a medicaid	108010
recipient in a nursing facility;	108011

~~(4) For participation in a program established as part of~~.

108012

(3) If the project is integrated into a medicaid-funded home	108013
and community-based services waiver program, the medicaid	108014
recipient must meet waiver enrollment criteria.	108015

(D) If the director establishes the Ohio access success	108016
project, the benefits provided under the project may include	108017
payment of all of the following:	108018

(1) The first month's rent in a community setting;

108019

(2) Rental deposits;

108020

(3) Utility deposits;

108021

(4) Moving expenses;

108022

(5) Other expenses not covered by the medicaid program that	108023
facilitate a medicaid recipient's move from a nursing facility to	108024
a community setting.	108025

(E) If the project is established as a ~~non-medicaid~~	108026
nonmedicaid program, no participant may receive more than two	108027
thousand dollars worth of benefits under the project.	108028

(F) The director may submit a request to the United States	108029
secretary of health and human services pursuant to section 1915 of	108030
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n,	108031
as amended, to create a medicaid home and community-based services	108032
waiver program to serve individuals who meet the criteria for	108033
participation in the Ohio access success project. The director may	108034
adopt rules under Chapter 119. of the Revised Code for the	108035
administration and operation of the ~~program~~project.	108036

Sec. 5111.981. (A) As used in this section:

108037

"Dual eligible individual" has the same meaning as in section	108038
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),	108039
42 U.S.C. 1396n(h)(2)(B).	108040

"Medicare program" means the program created under Title	108041
XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.	108042
1395, as amended.	108043

(B) Subject to division (C) of this section, the director of	108044
job and family services may implement a demonstration project to	108045
test and evaluate the integration of the care that dual eligible	108046
individuals receive under the medicare and medicaid programs. No	108047
provision of Title LI of the Revised Code applies to the	108048
demonstration project if that provision implements or incorporates	108049
a provision of federal law governing the medicaid program and that	108050
provision of federal law does not apply to the demonstration	108051
project.	108052

(C) Before implementing the demonstration project under	108053
division (B) of this section, the director shall obtain the	108054
approval of the United States secretary of health and human	108055
services in the form of a federal medicaid waiver, medicaid state	108056
plan amendment, or demonstration grant. The director is required	108057
to seek the federal approval only if the director seeks to	108058
implement the demonstration project. The director shall implement	108059
the demonstration project in accordance with the terms of the	108060
federal approval, including the terms regarding the duration of	108061
the demonstration project.	108062

Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the	108063
Revised Code:	108064

(A) "Franchise permit fee rate" means the following:

108065

(1) ~~Until August 1, 2009, eleven dollars and ninety-eight~~	108066
~~cents;~~	108067

~~(2) For the period beginning August 1, 2009, and ending June~~	108068
~~30, 2010, fourteen dollars and seventy-five cents;~~	108069

~~(3)~~ For fiscal year ~~2011~~2012, ~~thirteen~~seventeen dollars and	108070
~~fifty-five~~ninety-nine cents;	108071

~~(4)~~(2) For fiscal year ~~2012~~2013 and each fiscal year	108072
thereafter, ~~the rate used for the immediately preceding fiscal~~	108073
~~year as adjusted in accordance with the composite inflation factor~~	108074
~~established in rules adopted under section 5112.39 of the Revised~~	108075
~~Code~~eighteen dollars and thirty-two cents.	108076

(B) "Indirect guarantee percentage" means the percentage	108077
specified in section 1903(w)(4)(C)(ii) of the "Social Security	108078
Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii), as	108079
amended, that is to be used in determining whether a class of	108080
providers is indirectly held harmless for any portion of the costs	108081
of a broad-based health-care-related tax. If the indirect	108082
guarantee percentage changes during a fiscal year, the indirect	108083
guarantee percentage is the following:	108084

(1) For the part of the fiscal year before the change takes	108085
effect, the percentage in effect before the change;	108086

(2) For the part of the fiscal year beginning with the date	108087
the indirect guarantee percentage changes, the new percentage.	108088

(C) "Intermediate care facility for the mentally retarded"	108089
has the same meaning as in section 5111.20 of the Revised Code,	108090
except that, until August 1, 2009, it does not include any such	108091
facility operated by the department of developmental disabilities.	108092

~~(C)~~(D) "Medicaid" has the same meaning as in section 5111.01	108093
of the Revised Code.	108094

Sec. 5112.31. The department of job and family services	108095
shall do all of the following:	108096

(A) Subject to ~~division~~divisions (B) and (C) of this section	108097
and for the purposes specified in sections 5112.37 and 5112.371 of	108098
the Revised Code, assess for each fiscal year each intermediate	108099
care facility for the mentally retarded a franchise permit fee	108100
equal to the franchise permit fee rate multiplied by the product	108101
of the following:	108102

(1) The number of beds certified under Title XIX of the	108103
"Social Security Act" on the first day of May of the calendar year	108104
in which the assessment is determined pursuant to division (A) of	108105
section 5112.33 of the Revised Code;	108106

(2) The ~~following number of days:~~

108107

~~(a) For fiscal year 2010, the following:~~

108108

~~(i) For the part of fiscal year 2010 during which the~~	108109
~~franchise permit fee rate is eleven dollars and ninety-eight~~	108110
~~cents, the number of days during fiscal year 2010 during which the~~	108111
~~franchise permit fee rate is that amount;~~	108112

~~(ii) For the part of fiscal year 2010 during which the~~	108113
~~franchise permit fee rate is fourteen dollars and seventy-five~~	108114
~~cents, the number of days during fiscal year 2010 during which the~~	108115
~~franchise permit fee is that amount;~~	108116

~~(iii) For fiscal year 2011 and each fiscal year thereafter,~~	108117
~~the~~ number of days in the fiscal year.	108118

(B) If the total amount of the franchise permit fee assessed	108119
under division (A) of this section for a fiscal year exceeds ~~five~~	108120
~~and one-half per cent~~the indirect guarantee percentage of the	108121
actual net patient revenue for all intermediate care facilities	108122
for the mentally retarded for that fiscal year, do both of the	108123
following:	108124

(1) Recalculate the assessments under division (A) of this	108125
section using a per bed per day rate equal to ~~five and one-half~~	108126
~~per cent~~the indirect guarantee percentage of actual net patient	108127
revenue for all intermediate care facilities for the mentally	108128
retarded for that fiscal year;	108129

(2) Refund the difference between the amount of the franchise	108130
permit fee assessed for that fiscal year under division (A) of	108131
this section and the amount recalculated under division (B)(1) of	108132
this section as a credit against the assessments imposed under	108133
division (A) of this section for the subsequent fiscal year.	108134

(C) If the United States secretary of health and human	108135
services determines that the franchise permit fee established by	108136
sections 5112.30 to 5112.39 of the Revised Code would be an	108137
impermissible health care-related tax under section 1903(w) of the	108138
"Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all	108139
necessary actions to cease implementation of those sections in	108140
accordance with rules adopted under section 5112.39 of the Revised	108141
Code.	108142

Sec. 5112.37. There is hereby created in the state treasury	108143
the home and community-based services for the mentally retarded	108144
and developmentally disabled fund. ~~Eighty-four~~Eighty-one and ~~two~~	108145
~~tenths~~seventy-seven hundredths per cent of all installment	108146
payments and penalties paid by an intermediate care facility for	108147
the mentally retarded under sections 5112.33 and 5112.34 of the	108148
Revised Code for state fiscal year ~~2010~~2012 shall be deposited	108149
into the fund. ~~Seventy-nine~~Eighty-two and ~~twelve hundredths~~two	108150
tenths per cent of all installment payments and penalties paid by	108151
an intermediate care facility for the mentally retarded under	108152
sections 5112.33 and 5112.34 of the Revised Code for state fiscal	108153
year ~~2011~~2013 and thereafter shall be deposited into the fund.	108154
The department of job and family services shall distribute the	108155
money in the fund in accordance with rules adopted under section	108156
5112.39 of the Revised Code. The departments of job and family	108157
services and developmental disabilities shall use the money for	108158
the medicaid program established under Chapter 5111. of the	108159
Revised Code and home and community-based services to mentally	108160
retarded and developmentally disabled persons.	108161

Sec. 5112.371. There is hereby created in the state treasury	108162
the department of developmental disabilities operating and	108163
services fund. ~~Fifteen and eight tenths per cent of all~~All	108164
installment payments and penalties paid by an intermediate care	108165
facility for the mentally retarded under sections 5112.33 and	108166
5112.34 of the Revised Code ~~for state fiscal year 2010~~that are	108167
not deposited into the home and community-based services for the	108168
mentally retarded and developmentally disabled fund shall be	108169
deposited into the department of developmental disabilities	108170
operating and services fund. ~~Twenty and eighty-eight hundredths~~	108171
~~per cent of all installment payments and penalties paid by an~~	108172
~~intermediate care facility for the mentally retarded under~~	108173
~~sections 5112.33 and 5112.34 of the Revised Code for state fiscal~~	108174
~~year 2011 and thereafter shall be deposited into the fund.~~ The	108175
money in the fund shall be used for the expenses of the programs	108176
that the department of ~~mental retardation and~~ developmental	108177
disabilities administers and the department's administrative	108178
expenses.	108179

Sec. 5112.39. The director of job and family services shall	108180
adopt rules in accordance with Chapter 119. of the Revised Code to	108181
do all of the following:	108182

(A) ~~Establish a composite inflation factor for the purpose of~~	108183
~~division (A)(4) of section 5112.30 of the Revised Code;~~	108184

~~(B)~~ Prescribe the actions the department will take to cease	108185
implementation of sections 5112.30 to 5112.39 of the Revised Code	108186
if the United States secretary of health and human services	108187
determines that the franchise permit fee imposed under section	108188
5112.31 of the Revised Code is an impermissible health	108189
care-related tax under section 1903(w) of the "Social Security	108190
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396b(w), as amended;	108191

~~(C)~~(B) Establish the method of distributing the money in the	108192
home and community-based services for the mentally retarded and	108193
developmentally disabled fund created by section 5112.37 of the	108194
Revised Code;	108195

~~(D)~~(C) Establish any other requirements or procedures the	108196
director considers necessary to implement sections 5112.30 to	108197
5112.39 of the Revised Code.	108198

Sec. 5112.40. As used in sections 5112.40 to 5112.48 of the	108199
Revised Code:	108200

(A) "Applicable assessment percentage" means the percentage	108201
specified in rules adopted under section 5112.46 of the Revised	108202
Code that is used in calculating a hospital's assessment under	108203
section 5112.41 of the Revised Code.	108204

(B) "Assessment program year" means the twelve-month period	108205
beginning the first day of October of a calendar year and ending	108206
the last day of September of the following calendar year.	108207

~~(B)~~(C) "Cost reporting period" means the period of time used	108208
by a hospital in reporting costs for purposes of the medicare	108209
program.	108210

~~(C)~~(D) "Federal fiscal year" means the twelve-month period	108211
beginning the first day of October of a calendar year and ending	108212
the last day of September of the following calendar year.	108213

~~(D)~~(E)(1) Except as provided in division ~~(D)~~(E)(2) of this	108214
section, "hospital" means a hospital to which any of the following	108215
applies:	108216

(a) The hospital is registered under section 3701.07 of the	108217
Revised Code as a general medical and surgical hospital or a	108218
pediatric general hospital and provides inpatient hospital	108219
services, as defined in 42 C.F.R. 440.10.	108220

(b) The hospital is recognized under the medicare program as	108221
a cancer hospital and is exempt from the medicare prospective	108222
payment system.	108223

(c) The hospital is a psychiatric hospital licensed under	108224
section 5119.20 of the Revised Code.	108225

(2) "Hospital" does not include either of the following:

108226

(a) A federal hospital;

108227

(b) A hospital that does not charge any of its patients for	108228
its services.	108229

~~(E)~~(F) "Hospital care assurance program" means the program	108230
established under sections 5112.01 to 5112.21 of the Revised Code.	108231

~~(F)~~(G) "Medicaid" has the same meaning as in section 5111.01	108232
of the Revised Code.	108233

~~(G)~~(H) "Medicare" means the program established under Title	108234
XVIII of the Social Security Act.	108235

~~(H)~~(I) "State fiscal year" means the twelve-month period	108236
beginning the first day of July of a calendar year and ending the	108237
last day of June of the following calendar year.	108238

~~(I)~~(J)(1) Except as provided in divisions ~~(I)~~(J)(2) and (3)	108239
of this section, "total facility costs" means the total costs to a	108240
hospital for all care provided to all patients, including the	108241
direct, indirect, and overhead costs to the hospital of all	108242
services, supplies, equipment, and capital related to the care of	108243
patients, regardless of whether patients are enrolled in a health	108244
insuring corporation.	108245

(2) "Total facility costs" excludes all of the following of a	108246
hospital's costs as shown on the cost-reporting data used for	108247
purposes of determining the hospital's assessment under section	108248
5112.41 of the Revised Code:	108249

(a) Skilled nursing services provided in distinct-part	108250
nursing facility units;	108251

(b) Home health services;

108252

108253

(d) Ambulance services;

108254

(e) Renting durable medical equipment;

108255

(f) Selling durable medical equipment.

108256

(3) "Total facility costs" excludes any costs excluded from a	108257
hospital's total facility costs pursuant to rules, if any, adopted	108258
under division (B)(1) of section 5112.46 of the Revised Code.	108259

Sec. 5112.41. (A) For the purposes specified in section	108260
5112.45 of the Revised Code and subject to section 5112.48 of the	108261
Revised Code, there is hereby imposed an assessment on all	108262
hospitals each assessment program year. The amount of a hospital's	108263
assessment for an assessment program year shall equal~~, except as~~	108264
~~provided in division (D) of this section,~~ the applicable	108265
assessment percentage ~~specified in division (B) of this section~~ of	108266
the hospital's total facility costs for the period of time	108267
specified in division ~~(C)~~(B) of this section. The amount of a	108268
hospital's total facility costs shall be derived from	108269
cost-reporting data for the hospital submitted to the department	108270
of job and family services for purposes of the hospital care	108271
assurance program. If a hospital has not submitted that	108272
cost-reporting data to the department, the amount of a hospital's	108273
total facility costs shall be derived from other financial	108274
statements that the hospital shall provide to the department as	108275
directed by the department. The cost-reporting data or financial	108276
statements used to determine a hospital's assessment is subject to	108277
the same type of adjustments made to the cost-reporting data under	108278
the hospital care assurance program.	108279

(B) ~~The percentage specified in this division is the~~	108280
~~following:~~	108281

~~(1) For the first assessment program year beginning after the~~	108282
~~effective date of this section, one and fifty-two hundredths per~~	108283
~~cent;~~	108284

~~(2) Subject to division (D) of this section, for the second~~	108285
~~assessment program year after the effective date of this section~~	108286
~~and each successive assessment program year, one and sixty-one~~	108287
~~hundredths per cent.~~	108288

~~(C)~~ The period of time specified in this division is the	108289
hospital's cost reporting period that ends in the state fiscal	108290
year that ends in the federal fiscal year that precedes the	108291
federal fiscal year that precedes the assessment program year for	108292
which the assessment is imposed.	108293

~~(D) The department of job and family services shall apply to~~	108294
~~the United States secretary of health and human services for a~~	108295
~~waiver under 42 U.S.C. 1396b(w)(3)(E) to establish, for the second~~	108296
~~assessment program year after the effective date of this section~~	108297
~~and each successive assessment program year, a tiered assessment~~	108298
~~on hospitals' total facility costs instead of applying the~~	108299
~~percentage specified in division (B)(2) of this section. If the~~	108300
~~United States secretary denies the waiver, the department shall~~	108301
~~apply the percentage specified in division (B)(2) of this section~~	108302
~~for the second assessment program year after the effective date of~~	108303
~~this section and each successive assessment program year.~~	108304

~~(E)~~(C) The assessment imposed by this section on a hospital	108305
is in addition to the assessment imposed by section 5112.06 of the	108306
Revised Code.	108307

Sec. 5112.46. (A) The director of job and family services	108308
~~may~~shall adopt, amend, and rescind rules in accordance with	108309
Chapter 119. of the Revised Code as necessary to implement	108310
sections 5112.40 to 5112.48 of the Revised Code, including rules	108311
that specify the percentage of hospitals' total facility costs to	108312
be used in calculating hospitals' assessments under section	108313
5112.41 of the Revised Code.	108314

(B) The rules adopted under this section may ~~provide~~do the	108315
following:	108316

(1) Provide that a hospital's total facility costs for the	108317
purpose of the assessment under section 5112.41 of the Revised	108318
Code exclude any of the following:	108319

~~(1)~~(a) A hospital's costs associated with providing care to	108320
recipients of any of the following:	108321

~~(a)~~(i) The medicaid program;

108322

~~(b)~~(ii) The medicare program;

108323

~~(c)~~(iii) The disability financial assistance program	108324
established under Chapter 5115. of the Revised Code;	108325

~~(d)~~(iv) The program for medically handicapped children	108326
established under section 3701.023 of the Revised Code;	108327

~~(e)~~(v) Services provided under the maternal and child health	108328
services block grant established under Title V of the Social	108329
Security Act.	108330

~~(2)~~(b) Any other category of hospital costs the director	108331
deems appropriate under federal law and regulations governing the	108332
medicaid program.	108333

(2) Subject to division (C) of this section, provide for the	108334
percentage of hospitals' total facility costs used in calculating	108335
hospitals' assessments to vary for different hospitals;	108336

(3) To reduce hospitals' cash flow difficulties, establish a	108337
schedule for hospitals to pay their assessments that is different	108338
from the schedule established under section 5112.43 of the Revised	108339
Code.	108340

(C) Before adopting rules authorized by division (B)(2) of	108341
this section that establish varied percentages to be used in	108342
calculating hospitals' assessments, the director shall obtain a	108343
waiver from the United States secretary of health and human	108344
services under section 1903(w)(3)(E) of the "Social Security Act,"	108345
105 Stat. 1796 (1991), 42 U.S.C. 1396b(w)(3)(E), as amended, if	108346
the varied percentages would cause the assessments to not be	108347
imposed uniformly.	108348

Sec. 5112.99. (A) The director of job and family services	108349
shall impose a penalty for each day that a hospital fails to	108350
report the information required under section 5112.04 of the	108351
Revised Code on or before the dates specified in that section. The	108352
amount of the penalty shall be established by the director in	108353
rules adopted under section 5112.03 of the Revised Code.	108354

(B) In addition to any other remedy available to the	108355
department of job and family services under law to collect unpaid	108356
assessments and transfers under sections 5112.01 to 5112.21 of the	108357
Revised Code, the director shall impose a penalty of ten per cent	108358
of the amount due on any hospital that fails to pay assessments or	108359
make intergovernmental transfers by the dates required by rules	108360
adopted under section 5112.03 of the Revised Code.	108361

(C) In addition to any other remedy available to the	108362
department of job and family services under law to collect unpaid	108363
assessments imposed under section 5112.41 of the Revised Code, the	108364
director shall impose a penalty of ten per cent of the amount due	108365
on any hospital that fails to pay the assessment by the date it is	108366
due.	108367

(D) The director shall waive the penalties provided for in	108368
~~divisions (A) and (B) of~~ this section for good cause shown by the	108369
hospital.	108370

~~(D)~~(E) All penalties imposed under this section shall be	108371
deposited into the health care administration fund created by	108372
section 5111.94 of the Revised Code.	108373

Sec. 5112.991. The department of job and family services may	108374
offset the amount of a hospital's unpaid penalty imposed under	108375
section 5112.99 of the Revised Code from one or more payments due	108376
the hospital under the medicaid program. The total amount that may	108377
be offset from one or more payments shall not exceed the amount of	108378
the unpaid penalty.	108379

Sec. 5119.01. The director of mental health is the chief	108380
executive and administrative officer of the department of mental	108381
health. The director may establish procedures for the governance	108382
of the department, conduct of its employees and officers,	108383
performance of its business, and custody, use, and preservation of	108384
departmental records, papers, books, documents, and property.	108385
Whenever the Revised Code imposes a duty upon or requires an	108386
action of the department or any of its institutions, the director	108387
shall perform the action or duty in the name of the department,	108388
except that the medical director appointed pursuant to section	108389
5119.07 of the Revised Code shall be responsible for decisions	108390
relating to medical diagnosis, treatment, rehabilitation, quality	108391
assurance, and the clinical aspects of the following: licensure of	108392
hospitals and residential facilities, research, community mental	108393
health plans, and delivery of mental health services.	108394

The director shall:

108395

(A) Adopt rules for the proper execution of the powers and	108396
duties of the department with respect to the institutions under	108397
its control, and require the performance of additional duties by	108398
the officers of the institutions as necessary to fully meet the	108399
requirements, intents, and purposes of this chapter. In case of an	108400
apparent conflict between the powers conferred upon any managing	108401
officer and those conferred by such sections upon the department,	108402
the presumption shall be conclusive in favor of the department.	108403

(B) Adopt rules for the nonpartisan management of the	108404
institutions under the department's control. An officer or	108405
employee of the department or any officer or employee of any	108406
institution under its control who, by solicitation or otherwise,	108407
exerts influence directly or indirectly to induce any other	108408
officer or employee of the department or any of its institutions	108409
to adopt the exerting officer's or employee's political views or	108410
to favor any particular person, issue, or candidate for office	108411
shall be removed from the exerting officer's or employee's office	108412
or position, by the department in case of an officer or employee,	108413
and by the governor in case of the director.	108414

(C) Appoint such employees, including the medical director,	108415
as are necessary for the efficient conduct of the department, and	108416
prescribe their titles and duties;	108417

(D) Prescribe the forms of affidavits, applications, medical	108418
certificates, orders of hospitalization and release, and all other	108419
forms, reports, and records that are required in the	108420
hospitalization or admission and release of all persons to the	108421
institutions under the control of the department, or are otherwise	108422
required under this chapter or Chapter 5122. of the Revised Code;	108423

(E) Contract with hospitals licensed by the department under	108424
section 5119.20 of the Revised Code for the care and treatment of	108425
mentally ill patients, or with persons, organizations, or agencies	108426
for the custody, evaluation, supervision, care, or treatment of	108427
mentally ill persons receiving services elsewhere than within the	108428
enclosure of a hospital operated under section 5119.02 of the	108429
Revised Code;	108430

(F) Exercise the powers and perform the duties relating to	108431
community mental health facilities and services that are assigned	108432
to the director under this chapter and Chapter 340. of the Revised	108433
Code;	108434

(G) Develop and implement clinical evaluation and monitoring	108435
of services that are operated by the department;	108436

(H) ~~At the director's discretion, adopt rules establishing~~	108437
~~standards for the adequacy of services provided by community~~	108438
~~mental health facilities, and certify the compliance of such~~	108439
~~facilities with the standards for the purpose of authorizing their~~	108440
~~participation in the health care plans of health insuring~~	108441
~~corporations under Chapter 1751. and sickness and accident~~	108442
~~insurance policies issued under Chapter 3923. of the Revised Code.~~	108443
~~The director shall cease to certify such compliance two years~~	108444
~~after June 6, 2001. The director shall rescind the rules after the~~	108445
~~date the director ceases to certify such compliance.~~	108446

~~(I)~~ Adopt rules establishing standards for the performance of	108447
evaluations by a forensic center or other psychiatric program or	108448
facility of the mental condition of defendants ordered by the	108449
court under section 2919.271, or 2945.371 of the Revised Code, and	108450
for the treatment of defendants who have been found incompetent to	108451
stand trial and ordered by the court under section 2945.38,	108452
2945.39, 2945.401, or 2945.402 of the Revised Code to receive	108453
treatment in facilities;	108454

~~(J)~~(I) On behalf of the department, have the authority and	108455
responsibility for entering into contracts and other agreements;	108456

~~(K)~~(J) Prepare and publish regularly a state mental health	108457
plan that describes the department's philosophy, current	108458
activities, and long-term and short-term goals and activities;	108459

~~(L)~~(K) Adopt rules in accordance with Chapter 119. of the	108460
Revised Code specifying the supplemental services that may be	108461
provided through a trust authorized by section 5815.28 of the	108462
Revised Code;	108463

~~(M)~~(L) Adopt rules in accordance with Chapter 119. of the	108464
Revised Code establishing standards for the maintenance and	108465
distribution to a beneficiary of assets of a trust authorized by	108466
section 5815.28 of the Revised Code.	108467

Sec. 5119.012. The department of mental health has all the	108468
authority necessary to carry out its powers and duties under this	108469
chapter and Chapters 340., 2919., 2945., and 5122. of the Revised	108470
Code.	108471

Sec. 5119.013. Pursuant to the director of mental health's	108472
authority under division (I) of section 5119.01 of the Revised	108473
Code, the director may contract with agencies, institutions, and	108474
other entities both public and private, as necessary for the	108475
department of mental health to carry out its duties under this	108476
chapter and Chapters 340., 2919., 2945., and 5122. of the Revised	108477
Code. Chapter 125. of the Revised Code does not apply to contracts	108478
the director enters into under this section for services provided	108479
to individuals with mental illness by agencies, institutions, and	108480
other entities not owned or operated by the department of mental	108481
health.	108482

Sec. 5119.02. (A) The department of mental health shall	108483
maintain, operate, manage, and govern state institutions for the	108484
care and treatment of mentally ill persons.	108485

(B) The department of mental health may designate all	108486
institutions under its jurisdiction by appropriate respective	108487
names, regardless of present statutory designation.	108488

(C) Subject to section 5139.08 and pursuant to Chapter 5122.	108489
of the Revised Code and on the agreement of the departments of	108490
mental health and youth services, the department of mental health	108491
may receive from the department of youth services for psychiatric	108492
observation, diagnosis, or treatment any person eighteen years of	108493
age or older in the custody of the department of youth services.	108494
The departments shall enter into a written agreement specifying	108495
the procedures necessary to implement this division.	108496

(D) The department of mental health shall ~~provide and~~	108497
designate hospitals, facilities, and community mental health	108498
agencies for the custody, care, and special treatment of, and	108499
authorize payment for such custody, care, and special treatment	108500
provided to, persons who are charged with a crime and who are	108501
found incompetent to stand trial or not guilty by reason of	108502
insanity.	108503

(E) The department of mental health may do all of the	108504
following:	108505

(1) Require reports from the managing officer of any	108506
institution under the department's jurisdiction, relating to the	108507
admission, examination, comprehensive evaluation, diagnosis,	108508
release, or discharge of any patient;	108509

(2) Visit each institution regularly to review its operations	108510
and to investigate complaints made by any patient or by any person	108511
on behalf of a patient, provided these duties may be performed by	108512
a person designated by the director.	108513

(F) The department of mental health shall divide the state	108514
into districts for the purpose of designating the institution in	108515
which mentally ill persons are hospitalized, and may change the	108516
districts.	108517

(G) In addition to the powers expressly conferred, the	108518
department of mental health shall have all powers and authority	108519
necessary for the full and efficient exercise of the executive,	108520
administrative, and fiscal supervision over the state institutions	108521
described in this section.	108522

(H) The department of mental health may provide for the	108523
custody, supervision, control, treatment, and training of mentally	108524
ill persons hospitalized elsewhere than within the enclosure of a	108525
hospital, if the department so determines with respect to any	108526
individual or group of individuals. In all such cases, the	108527
department shall ensure adequate and proper supervision for the	108528
protection of such persons and of the public.	108529

Sec. 5119.06. ~~(A)~~ The department of mental health shall:

108530

~~(1) Establish and~~(A) To the extent the department has	108531
available resources and in consultation with boards of alcohol,	108532
drug addiction, and mental health services, support a ~~program at~~	108533
~~the state level to promote a~~ community support system in	108534
accordance with section 340.03 of the Revised Code ~~to be available~~	108535
~~for every alcohol, drug addiction, and mental health service~~	108536
~~district~~on a district or multi-district basis. The department	108537
shall define the essential elements of a community support system,	108538
shall assist in identifying resources, and ~~coordinating the~~	108539
~~planning, evaluation, and delivery of services to facilitate the~~	108540
~~access of mentally ill people to public services at federal,~~	108541
~~state, and local levels, and shall operate~~may prioritize support	108542
for one or more of the elements.	108543

(B) Operate inpatient and other mental health services	108544
~~pursuant to the approved community mental health plan.~~	108545

~~(2)~~;

108546

(C) Provide training, consultation, and technical assistance	108547
regarding mental health programs and services and appropriate	108548
prevention and mental health promotion activities, including those	108549
that are culturally sensitive, to employees of the department,	108550
community mental health agencies and boards, and other agencies	108551
providing mental health services;	108552

~~(3) Promote~~(D) To the extent the department has available	108553
resources, promote and support a full range of mental health	108554
services that are available and accessible to all residents of	108555
this state, especially for severely mentally disabled children,	108556
adolescents, and adults, and other special target populations,	108557
including racial and ethnic minorities, as determined by the	108558
department.;	108559

~~(4)~~(E) Design and set criteria for the determination of	108560
severe mental disability;	108561

~~(5)~~(F) Establish standards for evaluation of mental health	108562
programs;	108563

~~(6)~~(G) Promote, direct, conduct, and coordinate scientific	108564
research, taking ethnic and racial differences into consideration,	108565
concerning the causes and prevention of mental illness, methods of	108566
providing effective services and treatment, and means of enhancing	108567
the mental health of all residents of this state;	108568

~~(7)~~(H) Foster the establishment and availability of	108569
vocational rehabilitation services and the creation of employment	108570
opportunities for consumers of mental health services, including	108571
members of racial and ethnic minorities;	108572

~~(8)~~(I) Establish a program to protect and promote the rights	108573
of persons receiving mental health services, including the	108574
issuance of guidelines on informed consent and other rights;	108575

~~(9)~~(J) Establish, in consultation with board of alcohol, drug	108576
addiction, and mental health services representatives and after	108577
consideration of the recommendations of the medical director,	108578
guidelines for the development of community mental health plans	108579
and the review and approval or disapproval of such plans submitted	108580
pursuant to section 340.03 of the Revised Code;	108581

~~(10)~~(K) Promote the involvement of persons who are receiving	108582
or have received mental health services, including families and	108583
other persons having a close relationship to a person receiving	108584
mental health services, in the planning, evaluation, delivery, and	108585
operation of mental health services.;	108586

~~(11)~~(L) Notify and consult with the relevant constituencies	108587
that may be affected by rules, standards, and guidelines issued by	108588
the department of mental health. These constituencies shall	108589
include consumers of mental health services and their families,	108590
and may include public and private providers, employee	108591
organizations, and others when appropriate. Whenever the	108592
department proposes the adoption, amendment, or rescission of	108593
rules under Chapter 119. of the Revised Code, the notification and	108594
consultation required by this division shall occur prior to the	108595
commencement of proceedings under Chapter 119. The department	108596
shall adopt rules under Chapter 119. of the Revised Code that	108597
establish procedures for the notification and consultation	108598
required by this division.	108599

~~(12)~~(M) In cooperation with board of alcohol, drug addiction,	108600
and mental health services representatives, provide training	108601
regarding the provision of community-based mental health services	108602
to those department employees who are utilized in state-operated,	108603
community-based mental health services;	108604

~~(13)~~(N) Provide consultation to the department of	108605
rehabilitation and correction concerning the delivery of mental	108606
health services in state correctional institutions;.	108607

~~(B) The department of mental health may negotiate and enter~~	108608
~~into agreements with other agencies and institutions, both public~~	108609
~~and private, for the joint performance of its duties.~~	108610

Sec. 5119.16. As used in this section, "free clinic" has the	108611
same meaning as in section 2305.2341 of the Revised Code.	108612

(A) ~~The~~Subject to section 125.024 of the Revised Code, the	108613
department of mental health may provide certain goods and services	108614
for the department of mental health, the department of	108615
developmental disabilities, the department of rehabilitation and	108616
correction, the department of youth services, and other state,	108617
county, or municipal agencies requesting such goods and services	108618
when the department of mental health determines that it is in the	108619
public interest, and considers it advisable, to provide these	108620
goods and services. ~~The~~Subject to section 125.024 of the Revised	108621
Code, the department of mental health also may provide goods and	108622
services to agencies operated by the United States government and	108623
to public or private nonprofit agencies, other than free clinics,	108624
that are funded in whole or in part by the state if the public or	108625
private nonprofit agencies are designated for participation in	108626
this program by the director of mental health for community mental	108627
health agencies, the director of developmental disabilities for	108628
community mental retardation and developmental disabilities	108629
agencies, the director of rehabilitation and correction for	108630
community rehabilitation and correction agencies, or the director	108631
of youth services for community youth services agencies.	108632

Designated community agencies shall receive goods and	108633
services ~~through the department of mental health~~as described in	108634
division (A) of this section only in those cases where the	108635
designating state agency certifies that providing such goods and	108636
services to the agency will conserve public resources to the	108637
benefit of the public and where the provision of such goods and	108638
services is considered feasible by the department of mental	108639
health.	108640

(B) The department of mental health may permit free clinics	108641
to purchase certain goods and services to the extent the purchases	108642
fall within the exemption to the Robinson-Patman Act, 15 U.S.C. 13	108643
et seq., applicable to nonprofit institutions, in 15 U.S.C. 13c,	108644
as amended.	108645

(C) The goods and services that may be provided ~~by the~~	108646
~~department of mental health~~ under divisions (A) and (B) of this	108647
section may include:	108648

(1) Procurement, storage, processing, and distribution of	108649
food and professional consultation on food operations;	108650

(2) Procurement, storage, and distribution of medical and	108651
laboratory supplies, dental supplies, medical records, forms,	108652
optical supplies, and sundries, subject to section 5120.135 of the	108653
Revised Code;	108654

(3) Procurement, storage, repackaging, distribution, and	108655
dispensing of drugs, the provision of professional pharmacy	108656
consultation, and drug information services;	108657

(4) Other goods and services.

108658

(D) ~~The~~Subject to section 125.024 of the Revised Code, the	108659
department of mental health may provide the goods and services	108660
designated in division (C) of this section to its institutions and	108661
to state-operated community-based mental health services.	108662

(E) After consultation with and advice from the director of	108663
developmental disabilities, the director of rehabilitation and	108664
correction, and the director of youth services, the department of	108665
mental health may, subject to section 125.024 of the Revised Code,	108666
provide the goods and services designated in division (C) of this	108667
section to the department of developmental disabilities, the	108668
department of rehabilitation and correction, and the department of	108669
youth services.	108670

(F) The cost of administration of this section shall be	108671
determined by the department of mental health and paid by the	108672
agencies or free clinics receiving the goods and services to the	108673
department for deposit in the state treasury to the credit of the	108674
mental health fund, which is hereby created. The fund shall be	108675
used to pay the cost of administration of this section ~~to the~~	108676
~~department~~.	108677

(G) Whenever a state agency fails to make a payment for goods	108678
and services provided under this section within thirty-one days	108679
after the date the payment was due, the office of budget and	108680
management may transfer moneys from the state agency to the	108681
department of mental health. The amount transferred shall not	108682
exceed the amount of overdue payments. Prior to making a transfer	108683
under this division, the office of budget and management shall	108684
apply any credits the state agency has accumulated in payments for	108685
goods and services provided under this section.	108686

(H) ~~Purchases~~Except as specified in section 125.024 of the	108687
Revised Code, purchases of goods and services under this section	108688
are not subject to section 307.86 of the Revised Code.	108689

Sec. 5119.18. There is hereby created in the state treasury	108690
the department of mental health trust fund. Not later than the	108691
first day of September of each year, the director of mental health	108692
shall certify to the director of budget and management the amount	108693
of all of the unexpended, unencumbered balances of general revenue	108694
fund appropriations made to the department of mental health for	108695
the previous fiscal year, excluding funds appropriated for rental	108696
payments to the Ohio public facilities commission. On receipt of	108697
the certification, the director of budget and management shall	108698
transfer cash to the trust fund in an amount up to, but not	108699
exceeding, the total of the amounts certified by the director of	108700
mental health.	108701

In addition, the trust fund shall receive all amounts,	108702
subject to any provisions in bond documents, received from the	108703
sale or lease of lands and facilities by the department.	108704

All moneys in the trust fund shall be used by the department	108705
of mental health ~~for mental health purposes specified in division~~	108706
~~(A) of section 5119.06 of the Revised Code~~to pay for expenditures	108707
the department incurs in performing any of its duties under this	108708
chapter. The use of moneys in the trust fund pursuant to this	108709
section does not represent an ongoing commitment to the	108710
continuation of the trust fund or to the use of moneys in the	108711
trust fund.	108712

Sec. 5119.22. (A)(1) As used in this section and section	108713
5119.221 of the Revised Code:	108714

(a) "Community mental health agency" means a community mental	108715
health agency as defined in division (H) of section 5122.01 of the	108716
Revised Code~~, or, until two years after the effective date of this~~	108717
~~amendment, a community mental health facility certified by the~~	108718
~~department of mental health pursuant to division (H) of section~~	108719
~~5119.01 of the Revised Code~~.	108720

(b) "Community mental health services" means any of the	108721
services listed in section 340.09 of the Revised Code.	108722

(c) "Personal care services" means services including, but	108723
not limited to, the following:	108724

(i) Assisting residents with activities of daily living;

108725

(ii) Assisting residents with self-administration of	108726
medication in accordance with rules adopted under this section;	108727

(iii) Preparing special diets, other than complex therapeutic	108728
diets, for residents pursuant to the instructions of a physician	108729
or a licensed dietitian, in accordance with rules adopted under	108730
this section.	108731

"Personal care services" does not include "skilled nursing	108732
care" as defined in section 3721.01 of the Revised Code. A	108733
facility need not provide more than one of the services listed in	108734
division (A)(1)(c) of this section to be considered to be	108735
providing personal care services.	108736

(d) "Residential facility" means a publicly or privately	108737
operated home or facility that provides one of the following:	108738

(i) Room and board, personal care services, and community	108739
mental health services to one or more persons with mental illness	108740
or persons with severe mental disabilities who are referred by or	108741
are receiving community mental health services from a community	108742
mental health agency, hospital, or practitioner;	108743

(ii) Room and board and personal care services to one or two	108744
persons with mental illness or persons with severe mental	108745
disabilities who are referred by or are receiving community mental	108746
health services from a community mental health agency, hospital,	108747
or practitioner;	108748

(iii) Room and board to five or more persons with mental	108749
illness or persons with severe mental disabilities who are	108750
referred by or are receiving community mental health services from	108751
a community mental health agency, hospital, or practitioner.	108752

The following are not residential facilities: the residence	108753
of a relative or guardian of a mentally ill individual, a hospital	108754
subject to licensure under section 5119.20 of the Revised Code, a	108755
residential facility as defined in section 5123.19 of the Revised	108756
Code, a facility providing care for a child in the custody of a	108757
public children services agency or a private agency certified	108758
under section 5103.03 of the Revised Code, a foster care facility	108759
subject to section 5103.03 of the Revised Code, an adult care	108760
facility subject to licensure under ~~Chapter 3722.~~sections 5119.70	108761
to 5119.88 of the Revised Code, and a nursing home, residential	108762
care facility, or home for the aging subject to licensure under	108763
section 3721.02 of the Revised Code.	108764

(2) Nothing in division (A)(1)(d) of this section shall be	108765
construed to permit personal care services to be imposed on a	108766
resident who is capable of performing the activity in question	108767
without assistance.	108768

(3) Except in the case of a residential facility described in	108769
division (A)(1)(d)(i) of this section, members of the staff of a	108770
residential facility shall not administer medication to residents,	108771
all medication taken by residents of a residential facility shall	108772
be self-administered, and no person shall be admitted to or	108773
retained by a residential facility unless the person is capable of	108774
taking the person's own medication and biologicals, as determined	108775
in writing by the person's personal physician. Members of the	108776
staff of a residential facility may do any of the following:	108777

(a) Remind a resident when to take medication and watch to	108778
ensure that the resident follows the directions on the container;	108779

(b) Assist a resident in the self-administration of	108780
medication by taking the medication from the locked area where it	108781
is stored, in accordance with rules adopted pursuant to this	108782
section, and handing it to the resident. If the resident is	108783
physically unable to open the container, a staff member may open	108784
the container for the resident.	108785

(c) Assist a physically impaired but mentally alert resident,	108786
such as a resident with arthritis, cerebral palsy, or Parkinson's	108787
disease, in removing oral or topical medication from containers	108788
and in consuming or applying the medication, upon request by or	108789
with the consent of the resident. If a resident is physically	108790
unable to place a dose of medicine to the resident's mouth without	108791
spilling it, a staff member may place the dose in a container and	108792
place the container to the mouth of the resident.	108793

(B) Every person operating or desiring to operate a	108794
residential facility shall apply for licensure of the facility to	108795
the department of mental health and shall send a copy of the	108796
application to the board of alcohol, drug addiction, and mental	108797
health services whose service district includes the county in	108798
which the person operates or desires to operate a residential	108799
facility. The board shall review such applications and recommend	108800
approval or disapproval to the department. Each recommendation	108801
shall be consistent with the board's community mental health plan.	108802

(C) The department of mental health shall inspect and license	108803
the operation of residential facilities. The department shall	108804
consider the past record of the facility and the applicant or	108805
licensee in arriving at its licensure decision. The department may	108806
issue full, probationary, and interim licenses. A full license	108807
shall expire two years after the date of issuance, a probationary	108808
license shall expire in a shorter period of time as prescribed by	108809
rule adopted by the director of mental health pursuant to Chapter	108810
119. of the Revised Code, and an interim license shall expire	108811
ninety days after the date of issuance. The department may refuse	108812
to issue or renew and may revoke a license if it finds the	108813
facility is not in compliance with rules adopted by the department	108814
pursuant to division (G) of this section or if any facility	108815
operated by the applicant or licensee has had repeated violations	108816
of statutes or rules during the period of previous licenses.	108817
Proceedings initiated to deny applications for full or	108818
probationary licenses or to revoke such licenses are governed by	108819
Chapter 119. of the Revised Code.	108820

(D) The department may issue an interim license to operate a	108821
residential facility if both of the following conditions are met:	108822

(1) The department determines that the closing of or the need	108823
to remove residents from another residential facility has created	108824
an emergency situation requiring immediate removal of residents	108825
and an insufficient number of licensed beds are available.	108826

(2) The residential facility applying for an interim license	108827
meets standards established for interim licenses in rules adopted	108828
by the director under Chapter 119. of the Revised Code.	108829

An interim license shall be valid for ninety days and may be	108830
renewed by the director no more than twice. Proceedings initiated	108831
to deny applications for or to revoke interim licenses under this	108832
division are not subject to Chapter 119. of the Revised Code.	108833

(E) The department of mental health may conduct an inspection	108834
of a residential facility:	108835

(1) Prior to the issuance of a license to a prospective	108836
operator;	108837

(2) Prior to the renewal of any operator's license;

108838

(3) To determine whether a facility has completed a plan of	108839
correction required pursuant to this division and corrected	108840
deficiencies to the satisfaction of the department and in	108841
compliance with this section and rules adopted pursuant to it;	108842

(4) Upon complaint by any individual or agency;

108843

(5) At any time the director considers an inspection to be	108844
necessary in order to determine whether a residential facility is	108845
in compliance with this section and rules adopted pursuant to this	108846
section.	108847

In conducting inspections the department may conduct an	108848
on-site examination and evaluation of the residential facility,	108849
its personnel, activities, and services. The department shall have	108850
access to examine all records, accounts, and any other documents	108851
relating to the operation of the residential facility, and shall	108852
have access to the facility in order to conduct interviews with	108853
the operator, staff, and residents. Following each inspection and	108854
review, the department shall complete a report listing any	108855
deficiencies, and including, when appropriate, a time table within	108856
which the operator shall correct the deficiencies. The department	108857
may require the operator to submit a plan of correction describing	108858
how the deficiencies will be corrected.	108859

(F) No person shall do any of the following:

108860

(1) Operate a residential facility unless the facility holds	108861
a valid license;	108862

(2) Violate any of the conditions of licensure after having	108863
been granted a license;	108864

(3) Interfere with a state or local official's inspection or	108865
investigation of a residential facility;	108866

(4) Violate any of the provisions of this section or any	108867
rules adopted pursuant to this section.	108868

(G) The director shall adopt and may amend and rescind rules	108869
pursuant to Chapter 119. of the Revised Code, prescribing minimum	108870
standards for the health, safety, adequacy, and cultural	108871
specificity and sensitivity of treatment of and services for	108872
persons in residential facilities; establishing procedures for the	108873
issuance, renewal or revocation of the licenses of such	108874
facilities; establishing the maximum number of residents of a	108875
facility; establishing the rights of residents and procedures to	108876
protect such rights; and requiring an affiliation agreement	108877
approved by the board between a residential facility and a mental	108878
health agency. Such affiliation agreement must be consistent with	108879
the residential portion of the community mental health plan	108880
submitted pursuant to section 340.03 of the Revised Code.	108881

(H) The department may investigate any facility that has been	108882
reported to the department or that the department has reasonable	108883
cause to believe is operating as a residential facility without a	108884
valid license.	108885

(I) The department may withhold the source of any complaint	108886
reported as a violation of this act when the department determines	108887
that disclosure could be detrimental to the department's purposes	108888
or could jeopardize the investigation. The department may disclose	108889
the source of any complaint if the complainant agrees in writing	108890
to such disclosure and shall disclose the source upon order by a	108891
court of competent jurisdiction.	108892

(J) The director of mental health may petition the court of	108893
common pleas of the county in which a residential facility is	108894
located for an order enjoining any person from operating a	108895
residential facility without a license or from operating a	108896
licensed facility when, in the director's judgment, there is a	108897
real and present danger to the health or safety of any of the	108898
occupants of the facility. The court shall have jurisdiction to	108899
grant such injunctive relief upon a showing that the respondent	108900
named in the petition is operating a facility without a license or	108901
there is a real and present danger to the health or safety of any	108902
residents of the facility.	108903

(K) Whoever violates division (F) of this section or any rule	108904
adopted under this section is liable for a civil penalty of one	108905
hundred dollars for the first offense; for each subsequent	108906
offense, such violator is liable for a civil penalty of five	108907
hundred dollars. If the violator does not pay, the attorney	108908
general, upon the request of the director of mental health, shall	108909
bring a civil action to collect the penalty. Fines collected	108910
pursuant to this section shall be deposited into the state	108911
treasury to the credit of the mental health sale of goods and	108912
services fund.	108913

Sec. 5119.61. Any provision in this chapter that refers to a	108914
board of alcohol, drug addiction, and mental health services also	108915
refers to the community mental health board in an alcohol, drug	108916
addiction, and mental health service district that has a community	108917
mental health board.	108918

The director of mental health with respect to all facilities	108919
and programs established and operated under Chapter 340. of the	108920
Revised Code for mentally ill and emotionally disturbed persons,	108921
shall do all of the following:	108922

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	108923
that may be necessary to carry out the purposes of Chapter 340.	108924
and sections 5119.61 to 5119.63 of the Revised Code.	108925

(1) The rules shall include all of the following:

108926

(a) Rules governing a community mental health agency's	108927
services under section 340.091 of the Revised Code to an	108928
individual referred to the agency under division (C)(2) of section	108929
~~173.35~~5119.69 of the Revised Code;	108930

(b) For the purpose of division (A)~~(16)~~(15) of section 340.03	108931
of the Revised Code, rules governing the duties of mental health	108932
agencies and boards of alcohol, drug addiction, and mental health	108933
services under section ~~3722.18~~5119.88 of the Revised Code	108934
regarding referrals of individuals with mental illness or severe	108935
mental disability to adult care facilities and effective	108936
arrangements for ongoing mental health services for the	108937
individuals. The rules shall do at least the following:	108938

(i) Provide for agencies and boards to participate fully in	108939
the procedures owners and managers of adult care facilities must	108940
follow under division (A) of section ~~3722.18~~5119.88 of the	108941
Revised Code;	108942

(ii) Specify the manner in which boards are accountable for	108943
ensuring that ongoing mental health services are effectively	108944
arranged for individuals with mental illness or severe mental	108945
disability who are referred by the board or mental health agency	108946
under contract with the board to an adult care facility.	108947

(c) Rules governing a board of alcohol, drug addiction, and	108948
mental health services when making a report to the director of	108949
mental health under section ~~3722.17~~5119.87 of the Revised Code	108950
regarding the quality of care and services provided by an adult	108951
care facility to a person with mental illness or a severe mental	108952
disability.	108953

(2) Rules may be adopted to govern the method of paying a	108954
community mental health facility, as defined in section 5111.023	108955
of the Revised Code, for providing services listed in division (B)	108956
of that section. Such rules must be consistent with the contract	108957
entered into between the departments of job and family services	108958
and mental health under section 5111.91 of the Revised Code and	108959
include requirements ensuring appropriate service utilization.	108960

(B) Review and evaluate, and, taking into account the	108961
findings and recommendations of the board of alcohol, drug	108962
addiction, and mental health services of the district served by	108963
the program and the requirements and priorities of the state	108964
mental health plan, including the needs of residents of the	108965
district now residing in state mental institutions, ~~approve and~~	108966
~~allocate funds to support community programs,~~ and make	108967
recommendations for needed improvements to boards of alcohol, drug	108968
addiction, and mental health services;	108969

(C) ~~Withhold state and federal funds for any program, in~~	108970
~~whole or in part, from a board of alcohol, drug addiction, and~~	108971
~~mental health services in the event of failure of that program to~~	108972
~~comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,~~	108973
~~or 5119.62 of the Revised Code or rules of the department of~~	108974
~~mental health. The director shall identify the areas of~~	108975
~~noncompliance and the action necessary to achieve compliance. The~~	108976
~~director shall offer technical assistance to the board to achieve~~	108977
~~compliance. The director shall give the board a reasonable time~~	108978
~~within which to comply or to present its position that it is in~~	108979
~~compliance. Before withholding funds, a hearing shall be conducted~~	108980
~~to determine if there are continuing violations and that either~~	108981
~~assistance is rejected or the board is unable to achieve~~	108982
~~compliance. Subsequent to the hearing process, if it is determined~~	108983
~~that compliance has not been achieved, the director may allocate~~	108984
~~all or part of the withheld funds to a public or private agency to~~	108985
~~provide the services not in compliance until the time that there~~	108986
~~is compliance. The director shall establish rules pursuant to~~	108987
~~Chapter 119. of the Revised Code to implement this division.~~	108988

~~(D) Withhold state or federal funds from a board of alcohol,~~	108989
~~drug addiction, and mental health services that denies available~~	108990
~~service on the basis of religion, race, color, creed, sex,~~	108991
~~national origin, age, disability as defined in section 4112.01 of~~	108992
~~the Revised Code, developmental disability, or the inability to~~	108993
~~pay;~~	108994

~~(E)~~ Provide consultative services to community mental health	108995
agencies with the knowledge and cooperation of the board of	108996
alcohol, drug addiction, and mental health services;	108997

~~(F) Provide~~(D) At the director's discretion, provide to	108998
boards of alcohol, drug addiction, and mental health services	108999
state or federal funds, in addition to those allocated under	109000
section 5119.62 of the Revised Code, for special programs or	109001
projects the director considers necessary but for which local	109002
funds are not available;	109003

~~(G)~~(E) Establish criteria by which a board of alcohol, drug	109004
addiction, and mental health services reviews and evaluates the	109005
quality, effectiveness, and efficiency of services provided	109006
through its community mental health plan. The criteria shall	109007
include requirements ensuring appropriate service utilization. The	109008
department shall assess a board's evaluation of services and the	109009
compliance of each board with this section, Chapter 340. or	109010
section 5119.62 of the Revised Code, and other state or federal	109011
law and regulations. The department, in cooperation with the	109012
board, periodically shall review and evaluate the quality,	109013
effectiveness, and efficiency of services provided through each	109014
board. The department shall collect information that is necessary	109015
to perform these functions.	109016

~~(H) Develop~~(F) To the extent the director determines	109017
necessary and after consulting with boards of alcohol, drug	109018
addiction, and mental health services, develop and operate, or	109019
contract for the operation of, a community mental health	109020
information system or systems.	109021

Boards of alcohol, drug abuse, and mental health services	109022
shall submit information requested by the department in the form	109023
and manner prescribed by the department. Information collected by	109024
the department shall include, but not be limited to, all of the	109025
following:	109026

(1) Information regarding units of services provided in whole	109027
or in part under contract with a board, including diagnosis and	109028
special needs, demographic information, the number of units of	109029
service provided, past treatment, financial status, and service	109030
dates in accordance with rules adopted by the department in	109031
accordance with Chapter 119. of the Revised Code;	109032

(2) Financial information other than price or price-related	109033
data regarding expenditures of boards and community mental health	109034
agencies, including units of service provided, budgeted and actual	109035
expenses by type, and sources of funds.	109036

Boards shall submit the information specified in division	109037
~~(H)~~(F)(1) of this section no less frequently than annually for	109038
each client, and each time the client's case is opened or closed.	109039
The department shall not collect any personal information from the	109040
boards except as required or permitted by state or federal law for	109041
purposes related to payment, health care operations, program and	109042
service evaluation, reporting activities, research, system	109043
administration, and oversight.	109044

~~(I)~~(G) Review each board's community mental health plan	109045
submitted pursuant to section 340.03 of the Revised Code and	109046
approve or disapprove it in whole or in part. Periodically, in	109047
consultation with representatives of boards and after considering	109048
the recommendations of the medical director, the director shall	109049
issue criteria for determining when a plan is complete, criteria	109050
for plan approval or disapproval, and provisions for conditional	109051
approval. The factors that the director considers may include, but	109052
are not limited to, the following:	109053

(1) The mental health needs of all persons residing within	109054
the board's service district, especially severely mentally	109055
disabled children, adolescents, and adults;	109056

(2) The demonstrated quality, effectiveness, efficiency, and	109057
cultural relevance of the services provided in each service	109058
district, the extent to which any services are duplicative of	109059
other available services, and whether the services meet the needs	109060
identified above;	109061

(3) The adequacy of the board's accounting for the	109062
expenditure of funds.	109063

If the director disapproves all or part of any plan, the	109064
director shall provide the board an opportunity to present its	109065
position. The director shall inform the board of the reasons for	109066
the disapproval and of the criteria that must be met before the	109067
plan may be approved. The director shall give the board a	109068
reasonable time within which to meet the criteria, and shall offer	109069
technical assistance to the board to help it meet the criteria.	109070

If the approval of a plan remains in dispute ~~thirty days~~	109071
~~prior to the conclusion of the fiscal year in which the board's~~	109072
~~current plan is scheduled to expire~~, the board or the director may	109073
request that the dispute be submitted to a mutually agreed upon	109074
third-party mediator with the cost to be shared by the board and	109075
the department. The mediator shall issue to the board and the	109076
department recommendations for resolution of the dispute. ~~Prior to~~	109077
~~the conclusion of the fiscal year in which the current plan is~~	109078
~~scheduled to expire, the~~The director, taking into consideration	109079
the recommendations of the mediator, shall make a final	109080
determination and approve or disapprove the plan, in whole or in	109081
part.	109082

Sec. 5119.611. (A) A community mental health agency that	109083
seeks certification of its community mental health services shall	109084
submit an application to the director of mental health. On receipt	109085
of the application, the director may visit and shall evaluate the	109086
agency to determine whether its services satisfy the standards	109087
established by rules adopted under division (C) of this section.	109088
The director shall make the evaluation, and, if the director	109089
visits the agency, shall make the visit, in cooperation with the	109090
board of alcohol, drug addiction, and mental health services with	109091
which the agency seeks to contract under division (A)~~(8)~~(7)(a) of	109092
section 340.03 of the Revised Code.	109093

(B) Subject to section 5119.612 of the Revised Code, the	109094
director shall determine whether the services of an applicant's	109095
community mental health agency satisfy the standards for	109096
certification of the services. If the director determines that a	109097
community mental health agency's services satisfy the standards	109098
for certification and the agency has paid the fee required under	109099
division ~~(B)~~(D) of this section, the director shall certify the	109100
services.	109101

(C) If the director determines that a community mental health	109102
agency's services do not satisfy the standards for certification,	109103
the director shall identify the areas of noncompliance, specify	109104
what action is necessary to satisfy the standards, and offer	109105
technical assistance to the board of alcohol, drug addiction, and	109106
mental health services so that the board may assist the agency in	109107
satisfying the standards. The director shall give the agency a	109108
reasonable time within which to demonstrate that its services	109109
satisfy the standards or to bring the services into compliance	109110
with the standards. If the director concludes that the services	109111
continue to fail to satisfy the standards, the director may	109112
request that the board reallocate the funds for the community	109113
mental health services the agency was to provide to another	109114
community mental health agency whose community mental health	109115
services satisfy the standards. If the board does not reallocate	109116
those funds in a reasonable period of time, the director may	109117
withhold state and federal funds for the community mental health	109118
services and allocate those funds directly to a community mental	109119
health agency whose community mental health services satisfy the	109120
standards.	109121

~~(B)~~(D) Each community mental health agency seeking	109122
certification of its community mental health services under this	109123
section shall pay a fee for the certification ~~review~~ required by	109124
this section. Fees shall be paid into the sale of goods and	109125
services fund created pursuant to section 5119.161 of the Revised	109126
Code.	109127

~~(C)~~(E) The director shall adopt rules in accordance with	109128
Chapter 119. of the Revised Code to implement this section. The	109129
rules shall do all of the following:	109130

(1) Establish certification standards for community mental	109131
health services, including assertive community treatment and	109132
intensive home-based mental health services, that are consistent	109133
with nationally recognized applicable standards and facilitate	109134
participation in federal assistance programs. The rules shall	109135
include as certification standards only requirements that improve	109136
the quality of services or the health and safety of clients of	109137
community mental health services. The standards shall address at a	109138
minimum all of the following:	109139

(a) Reporting major unusual incidents to the director;

109140

(b) Procedures for applicants for and clients of community	109141
mental health services to file grievances and complaints;	109142

109143

(d) Restraint;

109144

(e) Development of written policies addressing the rights of	109145
clients, including all of the following:	109146

(i) The right to a copy of the written policies addressing	109147
client rights;	109148

(ii) The right at all times to be treated with consideration	109149
and respect for the client's privacy and dignity;	109150

(iii) The right to have access to the client's own	109151
psychiatric, medical, or other treatment records unless access is	109152
specifically restricted in the client's treatment plan for clear	109153
treatment reasons;	109154

(iv) The right to have a client rights officer provided by	109155
the agency or board of alcohol, drug addiction, and mental health	109156
services advise the client of the client's rights, including the	109157
client's rights under Chapter 5122. of the Revised Code if the	109158
client is committed to the agency or board.	109159

(2) Establish standards for qualifications of mental health	109160
professionals as defined in section 340.02 of the Revised Code and	109161
personnel who provide the community mental health services;	109162

(3) Establish the process for certification of community	109163
mental health services;	109164

(4) Set the amount of certification review fees based on a	109165
portion of the cost of performing the review;	109166

(5) Specify the type of notice and hearing to be provided	109167
prior to a decision on whether to reallocate funds.	109168

Sec. 5119.612. (A) In lieu of a determination by the	109169
director of mental health of whether the services of a community	109170
mental health agency satisfy the standards for certification under	109171
section 5119.611 of the Revised Code, the director shall accept	109172
appropriate accreditation of an applicant's mental health	109173
services, integrated mental health and alcohol and other drug	109174
addiction services, or integrated mental health and physical	109175
health services being provided in this state from any of the	109176
following national accrediting organizations as evidence that the	109177
applicant satisfies the standards for certification:	109178

(1) The joint commission;

109179

(2) The commission on accreditation of rehabilitation	109180
facilities;	109181

(3) The council on accreditation.

109182

(B) If the director determines that an applicant's	109183
accreditation is current, is appropriate for the services for	109184
which the applicant is seeking certification, and the applicant	109185
meets any other requirements established under this section or in	109186
rules adopted under this section, the director shall certify the	109187
applicant's services that are accredited. Except as provided in	109188
division (C)(2) of this section, the director shall issue the	109189
certification without further evaluation of the services.	109190

109191

(1) The director may review the accrediting organizations	109192
listed in division (A) of this section to evaluate whether the	109193
accreditation standards and processes used by the organizations	109194
are consistent with service delivery models the director considers	109195
appropriate for mental health services, physical health services,	109196
or both. The director may communicate to an accrediting	109197
organization any identified concerns, trends, needs, and	109198
recommendations.	109199

(2) The director may visit or otherwise evaluate a community	109200
mental health agency at any time based on cause, including	109201
complaints made by or on behalf of consumers and confirmed or	109202
alleged deficiencies brought to the attention of the director.	109203

(3) The director shall require a community mental health	109204
agency to notify the director not later than ten days after any	109205
change in the agency's accreditation status. The agency may notify	109206
the director by providing a copy of the relevant document the	109207
agency received from the accrediting organization.	109208

(4) The director shall require a community mental health	109209
agency to submit to the director reports of major unusual	109210
incidents.	109211

(5) The director may require a community mental health agency	109212
to submit to the director cost reports pertaining to the agency.	109213

(D) The director shall adopt rules in accordance with Chapter	109214
119. of the Revised Code to implement this section. In adopting	109215
the rules, the director shall do all of the following:	109216

(1) Specify the documentation that must be submitted as	109217
evidence of holding appropriate accreditation;	109218

(2) Establish a process by which the director may review the	109219
accreditation standards and processes used by the national	109220
accrediting organizations listed in division (A) of this section;	109221

(3) Specify the circumstances under which reports of major	109222
unusual incidents and agency cost reports must be submitted to the	109223
director;	109224

(4) Specify the circumstances under which the director may	109225
visit or otherwise evaluate a community mental health agency for	109226
cause;	109227

(5) Establish a process by which the director, based on	109228
deficiencies identified as a result of visiting or evaluating a	109229
community mental health agency under division (C)(2) of this	109230
section, may take any of a range of corrective actions, with the	109231
most stringent being revocation of the certification of the	109232
agency's services.	109233

~~Sec. 5119.612.~~ Sec. 5119.613. The director of mental health shall	109234
require that each board of alcohol, drug addiction, and mental	109235
health services ensure that each community mental health agency	109236
with which it contracts under division (A)~~(8)~~(7)(a) of section	109237
340.03 of the Revised Code to provide community mental health	109238
services establish grievance procedures consistent with rules	109239
adopted under section 5119.611 of the Revised Code that are	109240
available to all applicants for and clients of the community	109241
mental health services.	109242

~~Sec. 5119.613.~~ Sec. 5119.614. For purposes of ~~Chapter 3722.~~	109243
sections 5119.70 to 5119.88 of the Revised Code, the director of	109244
mental health shall approve a standardized form to be used in all	109245
areas of this state by adult care facilities and boards of	109246
alcohol, drug addiction, and mental health services when entering	109247
into mental health resident program participation agreements. As	109248
part of approving the form, the director shall specify the	109249
requirements that adult care facilities must meet in order to be	109250
authorized to admit residents who are receiving or are eligible	109251
for publicly funded mental health services.	109252

Sec. 5119.62. (A) ~~Upon approving the plan submitted pursuant~~	109253
~~to section 340.03 of the Revised Code, the director~~The department	109254
of mental health shall ~~authorize the payment of funds~~establish a	109255
methodology for allocating to ~~a board~~boards of alcohol, drug	109256
addiction, and mental health services ~~from~~the funds appropriated	109257
~~for such purpose~~ by the general assembly to the department for the	109258
purpose of local mental health systems of care. The ~~director~~	109259
department shall ~~release all or part of such~~establish the	109260
methodology after notifying and consulting with relevant	109261
constituencies as required by division (L) of section 5119.06 of	109262
the Revised Code. The methodology may provide for the funds to be	109263
allocated to boards on a district or multi-district basis. Subject	109264
to sections 5119.622 and 5119.623 of the Revised Code, the	109265
department shall allocate the funds ~~as is~~to the boards in a	109266
manner consistent with the methodology, this section, other state	109267
and federal laws, rules, and regulations~~, and the approved plan~~.	109268

(B)~~(1) The director, in consultation with relevant~~	109269
~~constituencies as required by division (A)(11) of section 5119.06~~	109270
~~of the Revised Code, shall establish a formula for allocating to~~	109271
~~boards of alcohol, drug addiction, and mental health services~~	109272
~~appropriations from the general revenue fund for the purpose of~~	109273
~~local management of mental health services as this purpose is~~	109274
~~identified in appropriations to the department of mental health in~~	109275
~~appropriation acts. The formula shall include as a factor the~~	109276
~~number of severely mentally disabled persons residing in each~~	109277
~~alcohol, drug addiction, and mental health service district and~~	109278
~~may include other factors, including, but not limited to, the~~	109279
~~historical utilization of public hospitals by persons in each~~	109280
~~service district. The appropriations shall be allocated to each~~	109281
~~board in accordance with the formula but shall be distributed only~~	109282
~~to those boards that elect the option provided under division~~	109283
~~(B)(3)(a) of this section.~~	109284

~~(2) The director shall allocate each fiscal year to boards of~~	109285
~~alcohol, drug addiction, and mental health services for services~~	109286
~~to severely mentally disabled persons a percentage of the~~	109287
~~appropriations to the department from the general revenue fund for~~	109288
~~the purposes of hospital personal services, hospital maintenance,~~	109289
~~and hospital equipment as those purposes are identified in~~	109290
~~appropriations to the department in appropriation acts. After~~	109291
~~excluding funds for providing services to persons committed to the~~	109292
~~department pursuant to section 2945.38, 2945.39, 2945.40,~~	109293
~~2945.401, 2945.402, or 5139.08 of the Revised Code, the percentage~~	109294
~~of those appropriations so allocated each year shall equal ten per~~	109295
~~cent in fiscal year 1990, twenty per cent in fiscal year 1991,~~	109296
~~forty per cent in fiscal year 1992, sixty per cent in fiscal year~~	109297
~~1993, eighty per cent in fiscal year 1994, and one hundred per~~	109298
~~cent in fiscal year 1995 and thereafter. The amounts so allocated~~	109299
~~shall be transferred from the appropriations for the purposes of~~	109300
~~hospital personal services, hospital maintenance, and hospital~~	109301
~~equipment and credited to appropriations for the purpose of local~~	109302
~~management of mental health services. Appropriations for the~~	109303
~~purpose of local management of mental health services may be used~~	109304
~~by the department and by the boards~~The department may allocate to	109305
boards a portion of the funds appropriated by the general assembly	109306
to the department for the operation of state hospital services. If	109307
the department allocates the funds, the department shall do all of	109308
the following:	109309

(1) In consultation with the boards:

109310

(a) Annually determine the unit costs of providing state	109311
hospital services; and	109312

(b) Establish the methodology for allocating the funds to the	109313
boards.	109314

(2) Determine the type of unit costs of providing state	109315
hospital services to be included as a factor in the methodology	109316
and include that unit cost as a factor in the methodology;	109317

(3) Subject to sections 5119.622 and 5119.623 of the Revised	109318
Code, allocate the funds to the boards in a manner consistent with	109319
the methodology, this section, other state and federal laws,	109320
rules, and regulations.	109321

~~(3) No~~(c) Not later than the first day of April of each year,	109322
the department ~~of mental health~~ shall notify each board of	109323
~~alcohol, drug addiction, and mental health services~~ of the	109324
department's estimate of the amount of ~~general revenue~~ funds to be	109325
allocated to the board under ~~division (D) of~~ this section during	109326
the fiscal year beginning on the next July first. NoIf the	109327
department makes an allocation under division (B) of this section,	109328
the department shall also notify each board of the unit costs of	109329
providing state hospital services for the upcoming fiscal year as	109330
determined under that division. Not later than the first day of	109331
May of each year, each board shall notify the ~~director~~department	109332
as to which of the following options it has elected for ~~that~~the	109333
upcoming fiscal year:	109334

~~(a)~~(1) The board elects to accept distribution of the amount	109335
allocated to it under ~~division (B)(1) of~~ this ~~section. Any board~~	109336
~~that makes such an election shall agree to make payments into the~~	109337
~~risk fund established in division (E) of this section, to make any~~	109338
~~payments for utilization of state hospitals that are required~~	109339
~~under division (E)(3) of this section, to use the funds~~	109340
~~distributed to it within the limitations set forth in division~~	109341
~~(B)(2) of this section, and to provide the department with a~~	109342
~~statement of projected utilization of state hospitals and other~~	109343
~~state-operated services by residents of its service district~~	109344
~~during the fiscal year.~~	109345

~~The department shall retain and expend the funds projected to~~	109346
~~be utilized for state hospitals and other state-operated services~~	109347
section. Funds distributed to each board shall be used to	109348
supplement and not to supplant other state, local, or federal	109349
funds that are being used to support community-based programs for	109350
severely mentally disabled children, adolescents, and adults,	109351
unless the funds have been specifically designated for the	109352
initiation of programs in accordance with the community mental	109353
health plan developed and submitted under section 340.03 and	109354
approved under section 5119.61 of the Revised Code.	109355
Notwithstanding section 131.33 of the Revised Code, any board may	109356
expend unexpended funds distributed to the board from	109357
appropriations for the purpose of local management of mental	109358
health services in the fiscal year following the fiscal year in	109359
for which the appropriations are made, in accordance with the	109360
approved community mental health plan.	109361

~~(b) The~~(2) Subject to division (D) of this section, the	109362
board elects not to accept the amount allocated to it under	109363
~~division (B)(1) of~~ this section, authorizes the department to	109364
determine the use of its allocation, and agrees to provide the	109365
department with a statement of projected utilization of state	109366
hospitals and other state-operated services by residents of its	109367
service district during the fiscal year.	109368

~~(4) Beginning with the notification required to be made by~~	109369
~~May 1, 1995, under division (B)(3) of this section, no~~(D) No	109370
board ~~of alcohol, drug addiction, and mental health services~~ shall	109371
elect the option in division ~~(B)(3)(b)~~(C)(2) of this section	109372
unless ~~one~~all of the following ~~applies~~apply:	109373

~~(a) The~~(1) Either the total ~~general revenue~~ funds estimated	109374
by the department to be allocated to the board under this section	109375
for the next fiscal year isare reduced by a substantial amount,	109376
as defined in guidelines adopted by the director of mental health	109377
under division ~~(B)(4)~~(E) of this section, in comparison to the	109378
amount allocated for the current fiscal year, for reasons not	109379
related to performance;	109380

~~(b) The amount of estimated general revenue funds to be~~	109381
~~allocated to the board is not reduced by a substantial amount but~~	109382
or the board has experienced other circumstances specified in the	109383
guidelines ~~adopted by the director under division (B)(4) of this~~	109384
~~section~~.	109385

~~The director shall consult with boards of alcohol, drug~~	109386
~~addiction, and mental health services and other relevant~~	109387
~~constituencies to develop guidelines for determining what~~	109388
~~constitutes a substantial reduction of general revenue funds for~~	109389
~~the purpose of electing the option under division (B)(3)(b) of~~	109390
~~this section, and what other circumstances qualify a board to~~	109391
~~elect that option.~~	109392

~~Beginning with the notification required to be made by May 1,~~	109393
~~1995, under division (B)(3) of this section, no board shall notify~~	109394
~~the director that it elects the option under division (B)(3)(b) of~~	109395
~~this section unless it has conducted~~(2) The board provides the	109396
department written confirmation that the board has received input	109397
about the impact that the board's election will have on the mental	109398
health system in the board's district from all of the following:	109399

(a) Individuals who receive mental health services and such	109400
individuals' families;	109401

(b) Boards of county commissioners;

109402

109403

(d) County sheriffs, jail administrators, and other local law	109404
enforcement officials.	109405

(3) Not later than seven days before notifying the department	109406
of its election and after providing the department the written	109407
confirmation required by division (D)(2) of this section, the	109408
board conducts a public hearing on the issue ~~no later than seven~~	109409
~~days before making the notification~~.	109410

~~(C) Boards of alcohol, drug addiction, and mental health~~	109411
~~services and community mental health agencies~~(E) For the purpose	109412
of division (D)(1) of this section, the director of mental health	109413
shall consult with the boards and other relevant constituencies to	109414
develop guidelines for determining what constitutes a substantial	109415
reduction of funds and what other circumstances qualify a board to	109416
elect the option in division (C)(2) of this section.	109417

(F) No board shall ~~not~~ use state funds for the purpose of	109418
~~influencing employees with respect to unionization. As used in~~	109419
~~this division, "influencing" means~~ discouraging employees from	109420
seeking collective bargaining representation or encouraging	109421
employees to decertify a recognized collective bargaining agent.	109422

~~(D) The director shall develop, and review at least annually,~~	109423
~~a methodology, including the formula developed under division~~	109424
~~(B)(1) of this section, for distributing and allocating funds to~~	109425
~~boards. The methodology shall be consistent with state and federal~~	109426
~~law and regulations. A portion of the funds shall be distributed~~	109427
~~based on the ratio of the population of the district served by the~~	109428
~~board to the total population of the state as determined from the~~	109429
~~federal census or the most recent estimates produced by the United~~	109430
~~States census bureau's federal state cooperative program for~~	109431
~~population program-series P-26 or the population estimates and~~	109432
~~projections program-series P-25, whichever is most recent.~~	109433

~~(E)(1) There is hereby created in the state treasury the~~	109434
~~department of mental health risk fund, which shall receive~~	109435
~~payments from boards that have elected the option provided in~~	109436
~~division (B)(3)(a) of this section. All investment earnings of the~~	109437
~~fund shall be credited to the fund. Moneys in the fund shall be~~	109438
~~used for the following purposes:~~	109439

~~(a) To assist boards that elect the option provided in~~	109440
~~division (B)(3)(a) of this section and that serve service~~	109441
~~districts in which the costs of utilization of state hospitals by~~	109442
~~residents in a fiscal year exceed the amount allocated to the~~	109443
~~district under the formula developed under division (B)(1) of this~~	109444
~~section. The department shall define such costs by unit and~~	109445
~~establish them annually after consultation with representatives of~~	109446
~~such boards.~~	109447

~~(b) To make payments to boards that elect the option provided~~	109448
~~in division (B)(3)(a) of this section and that experience~~	109449
~~conditions of financial hardship, as determined by the director.~~	109450

~~The director of mental health, in consultation with~~	109451
~~representatives of the boards, shall develop guidelines for the~~	109452
~~use of moneys in the risk fund.~~	109453

~~(2) On or before the first day of April of each year, the~~	109454
~~department shall specify the percentage of the amount of money~~	109455
~~allocated under division (B)(1) of this section for distribution~~	109456
~~to boards subject to division (E) of this section that each such~~	109457
~~board is to transmit to the director of mental health for deposit~~	109458
~~in the risk fund for the following fiscal year. On or before the~~	109459
~~first day of August of each year, each such board shall transmit~~	109460
~~to the director for deposit to the credit of the risk fund the~~	109461
~~amount obtained by multiplying that percentage by the amount~~	109462
~~allocated for distribution to such boards.~~	109463

~~(3) Whenever the costs of utilization of state hospitals by~~	109464
~~residents in a district served by a board subject to division (E)~~	109465
~~of this section exceed the amount allocated to the district under~~	109466
~~the formula, responsibility for payment of the excess costs shall~~	109467
~~be borne by the board of that district and the risk fund as~~	109468
~~follows:~~	109469

~~(a) The board and the risk fund each are responsible for~~	109470
~~payment of one-half of any costs that exceed one hundred per cent~~	109471
~~of the amount allocated under the formula but do not exceed one~~	109472
~~hundred five per cent of that amount.~~	109473

~~(b) The board is responsible for payment of one-fourth, and~~	109474
~~the risk fund responsible for three-fourths, of any costs that~~	109475
~~exceed one hundred five per cent of the amount allocated under the~~	109476
~~formula but do not exceed one hundred ten per cent of that amount.~~	109477

~~(c) The risk fund is responsible for payment of any costs~~	109478
~~that exceed one hundred ten per cent of the amount allocated under~~	109479
~~the formula but do not exceed one hundred fifteen per cent of that~~	109480
~~amount.~~	109481

~~(d) The board is responsible for payment of all costs that~~	109482
~~exceed one hundred fifteen per cent of the amount allocated under~~	109483
~~the formula.~~	109484

~~(F)~~(G) The department shall charge against the allocation	109485
made to a board under division (B)~~(1)~~ of this section, if any, any	109486
unreimbursed costs for services provided by the department. ~~This~~	109487
~~requirement is not affected by any election a board makes under~~	109488
~~division (B)(3) of this section.~~	109489

(H) A board's use of funds allocated under this section is	109490
subject to audit by county, state, and federal authorities.	109491

Sec. 5119.621. (A) As used in this section, "administrative	109492
function" means a function related to one or more of the	109493
following:	109494

(1) Continuous quality improvement;

109495

(2) Utilization review;

109496

(3) Resource development;

109497

(4) Fiscal administration;

109498

(5) General administration;

109499

(6) Any other function related to administration that is	109500
required by Chapter 340. of the Revised Code.	109501

(B) Each board of alcohol, drug addiction, and mental health	109502
services shall submit an annual report to the department of mental	109503
health specifying how the board used ~~state and federal~~ funds	109504
allocated to the board~~, according to the formula the director of~~	109505
~~mental health establishes~~ under section 5119.62 of the Revised	109506
Code, for administrative functions in the year preceding the	109507
report's submission. The director of mental health shall establish	109508
the date by which the report must be submitted each year.	109509

Sec. 5119.622. The director of mental health, in whole or in	109510
part, may withhold funds otherwise to be allocated to a board of	109511
alcohol, drug addiction, and mental health services under section	109512
5119.62 of the Revised Code if the board fails to comply with	109513
Chapter 340. or section 5119.61, 5119.611, 5119.612, or 5119.621	109514
of the Revised Code or rules of the department of mental health	109515
regarding a community mental health service. The director shall	109516
identify the areas of noncompliance and the action necessary to	109517
achieve compliance. The director shall offer technical assistance	109518
to the board to achieve compliance. The director shall give the	109519
board a reasonable time within which to comply or to present its	109520
position that it is in compliance. Before withholding funds, a	109521
hearing shall be conducted to determine if there are continuing	109522
violations and that either assistance is rejected or the board is	109523
unable to achieve compliance. Subsequent to the hearing process,	109524
if it is determined that compliance has not been achieved, the	109525
director may allocate all or part of the withheld funds to a	109526
public or private agency to provide the community mental health	109527
service for which the board is not in compliance until the time	109528
that there is compliance. The director shall adopt rules in	109529
accordance with Chapter 119. of the Revised Code to implement this	109530
section.	109531

Sec. 5119.623. The director of mental health may withhold	109532
funds otherwise to be allocated to a board of alcohol, drug	109533
addiction, and mental health services under section 5119.62 of the	109534
Revised Code if the board denies available service on the basis of	109535
religion, race, color, creed, sex, national origin, age,	109536
disability as defined in section 4112.01 of the Revised Code, or	109537
developmental disability.	109538

~~Sec. 173.35.~~ Sec. 5119.69. (A) ~~As used in this section, "PASSPORT~~	109539
~~administrative agency" means an entity under contract with the~~	109540
~~department of aging to provide administrative services regarding~~	109541
~~the PASSPORT program created under section 173.40 of the Revised~~	109542
~~Code.~~	109543

~~(B)~~ The department of ~~aging~~mental health shall ~~administer~~	109544
implement the residential state supplement program under which the	109545
state supplements the supplemental security income payments	109546
received by aged, blind, or disabled adults under Title XVI of the	109547
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as	109548
amended. Residential state supplement payments shall be used for	109549
the provision of accommodations, supervision, and personal care	109550
services to supplemental security income recipients who the	109551
department determines are at risk of needing institutional care.	109552

(B) In implementing the program, the department may designate	109553
one or more entities to be responsible for providing	109554
administrative services regarding the program. The department may	109555
designate an entity to be a residential state supplement	109556
administrative agency under this division either by entering into	109557
a contract with the entity to serve in that capacity or by	109558
otherwise delegating to the entity the responsibility to serve in	109559
that capacity.	109560

(C) For an individual to be eligible for residential state	109561
supplement payments, all of the following must be the case:	109562

(1) Except as provided by division (G) of this section, the	109563
individual must reside in one of the following:	109564

(a) An adult foster home certified under section ~~173.36~~	109565
5119.692 of the Revised Code;	109566

(b) A home or facility, other than a nursing home or nursing	109567
home unit of a home for the aging, licensed by the department of	109568
health under Chapter 3721. ~~or 3722.~~ of the Revised Code ~~and~~	109569
~~certified in accordance with standards established by the director~~	109570
~~of aging under division (D)(2) of this section~~or the department	109571
of mental health under sections 5119.70 to 5119.88 of the Revised	109572
Code;	109573

(c) A residential facility as defined in division	109574
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by	109575
the department of mental health ~~and certified in accordance with~~	109576
~~standards established by the director of aging under division~~	109577
~~(D)(2) of this section~~;	109578

(d) An apartment or room used to provide community mental	109579
health housing services certified by the department of mental	109580
health under section 5119.611 of the Revised Code and approved by	109581
a board of alcohol, drug addiction, and mental health services	109582
under division (A)~~(14)~~(13) of section 340.03 of the Revised Code	109583
~~and certified in accordance with standards established by the~~	109584
~~director of aging under division (D)(2) of this section~~.	109585

(2) ~~Effective July 1, 2000, a PASSPORT~~A residential state	109586
supplement administrative agency must have determined that the	109587
environment in which the individual will be living while receiving	109588
the payments is appropriate for the individual's needs. If the	109589
individual is eligible for supplemental security income payments	109590
or social security disability insurance benefits because of a	109591
mental disability, the ~~PASSPORT~~residential state supplement	109592
administrative agency shall refer the individual to a community	109593
mental health agency for the community mental health agency to	109594
issue in accordance with section 340.091 of the Revised Code a	109595
recommendation on whether the ~~PASSPORT~~residential state	109596
supplement administrative agency should determine that the	109597
environment in which the individual will be living while receiving	109598
the payments is appropriate for the individual's needs. ~~Division~~	109599
~~(C)(2) of this section does not apply to an individual receiving~~	109600
~~residential state supplement payments on June 30, 2000, until the~~	109601
~~individual's first eligibility redetermination after that date.~~	109602

(3) The individual satisfies all eligibility requirements	109603
established by rules adopted under division (D) of this section.	109604

(D)~~(1)~~ The directors of ~~aging~~mental health and job and	109605
family services shall adopt rules in accordance with section	109606
111.15 of the Revised Code as necessary to implement the	109607
residential state supplement program.	109608

To the extent permitted by Title XVI of the "Social Security	109609
Act," and any other provision of federal law, the director of job	109610
and family services ~~shall~~may adopt rules establishing standards	109611
for adjusting the eligibility requirements concerning the level of	109612
impairment a person must have so that the amount appropriated for	109613
the program by the general assembly is adequate for the number of	109614
eligible individuals. The rules shall not limit the eligibility of	109615
disabled persons solely on a basis classifying disabilities as	109616
physical or mental. The director of job and family services also	109617
~~shall~~may adopt rules that establish eligibility standards for	109618
aged, blind, or disabled individuals who reside in one of the	109619
homes or facilities specified in division (C)(1) of this section	109620
but who, because of their income, do not receive supplemental	109621
security income payments. The rules may provide that these	109622
individuals may include individuals who receive other types of	109623
benefits, including, social security disability insurance benefits	109624
provided under Title II of the "Social Security Act," 49 Stat. 620	109625
(1935), 42 U.S.C.A. 401, as amended. Notwithstanding division	109626
~~(B)~~(A) of this section, such payments may be made if funds are	109627
available for them.	109628

The director of ~~aging shall~~mental health may adopt rules	109629
establishing the method to be used to determine the amount an	109630
eligible individual will receive under the program. The amount the	109631
general assembly appropriates for the program ~~shall~~may be a	109632
factor included in the method that ~~department~~director	109633
establishes.	109634

~~(2) The director of aging shall adopt rules in accordance~~	109635
~~with Chapter 119. of the Revised Code establishing standards for~~	109636
~~certification of living facilities described in division (C)(1) of~~	109637
~~this section.~~	109638

~~The directors of aging and mental health shall enter into an~~	109639
~~agreement to certify facilities that apply for certification and~~	109640
~~meet the standards established by the director of aging under this~~	109641
~~division.~~	109642

(E) The county department of job and family services of the	109643
county in which an applicant for the residential state supplement	109644
program resides shall determine whether the applicant meets income	109645
and resource requirements for the program.	109646

(F) The department of ~~aging~~mental health shall maintain a	109647
waiting list of any individuals eligible for payments under this	109648
section but not receiving them because moneys appropriated to the	109649
department for the purposes of this section are insufficient to	109650
make payments to all eligible individuals. An individual may apply	109651
to be placed on the waiting list even though the individual does	109652
not reside in one of the homes or facilities specified in division	109653
(C)(1) of this section at the time of application. The director of	109654
~~aging~~mental health, by rules adopted in accordance with Chapter	109655
119. of the Revised Code, ~~shall~~may specify procedures and	109656
requirements for placing an individual on the waiting list and	109657
priorities for the order in which individuals placed on the	109658
waiting list are to begin to receive residential state supplement	109659
payments. The rules specifying priorities may give priority to	109660
individuals placed on the waiting list on or after July 1, 2006,	109661
who receive supplemental security income benefits under Title XVI	109662
of the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.	109663
1381, as amended. The rules shall not affect the place on the	109664
waiting list of any person who was on the list on July 1, 2006.	109665
The rules specifying priorities may also set additional priorities	109666
based on living arrangement, such as whether an individual resides	109667
in a facility listed in division (C)(1) of this section or has	109668
been admitted to a nursing facility.	109669

(G) An individual in a licensed or certified living	109670
arrangement receiving state supplementation on November 15, 1990,	109671
under former section 5101.531 of the Revised Code shall not become	109672
ineligible for payments under this section solely by reason of the	109673
individual's living arrangement as long as the individual remains	109674
in the living arrangement in which the individual resided on	109675
November 15, 1990.	109676

(H) The department of ~~aging~~mental health shall notify each	109677
person denied approval for payments under this section of the	109678
person's right to a hearing. On request, the hearing shall be	109679
provided ~~by the department of job and family services~~ in	109680
accordance with ~~section 5101.35~~Chapter 119. of the Revised Code.	109681

~~Sec. 173.351.~~ Sec. 5119.691. (A) As used in this section:

109682

~~"Area agency on aging" has the same meaning as in section~~	109683
~~173.14 of the Revised Code.~~	109684

"Long-term care consultation program" means the program the	109685
department of aging is required to develop under section 173.42 of	109686
the Revised Code.	109687

"Long-term care consultation program administrator" or	109688
"administrator" means the department of aging or, if the	109689
department contracts with an area agency on aging or other entity	109690
to administer the long-term care consultation program for a	109691
particular area, that agency or entity.	109692

"Nursing facility" has the same meaning as in section 5111.20	109693
of the Revised Code.	109694

"Residential state supplement administrative agency" means an	109695
entity designated as such by the department of mental health under	109696
section 5119.69 of the Revised Code.	109697

"Residential state supplement program" means the program	109698
administered pursuant to section ~~173.35~~5119.69 of the Revised	109699
Code.	109700

(B) ~~Each month, each area agency on aging~~On a periodic	109701
schedule determined by the department of mental health, each	109702
residential state supplement administrative agency shall determine	109703
whether individuals who reside in the area that the ~~area~~ agency on	109704
~~aging~~ serves and are on a waiting list for the residential state	109705
supplement program have been admitted to a nursing facility. If an	109706
~~area~~a residential state supplement administrative agency ~~on aging~~	109707
determines that such an individual has been admitted to a nursing	109708
facility, the agency shall notify the long-term care consultation	109709
program administrator serving the area in which the individual	109710
resides about the determination. The administrator shall determine	109711
whether the residential state supplement program is appropriate	109712
for the individual and whether the individual would rather	109713
participate in the program than continue residing in the nursing	109714
facility. If the administrator determines that the residential	109715
state supplement program is appropriate for the individual and the	109716
individual would rather participate in the program than continue	109717
residing in the nursing facility, the administrator shall so	109718
notify the department of ~~aging~~mental health. On receipt of the	109719
notice from the administrator, the department of ~~aging~~mental	109720
health shall approve the individual's enrollment in the	109721
residential state supplement program in accordance with the	109722
priorities specified in rules adopted under division (F) of	109723
section ~~173.35~~5119.69 of the Revised Code. Each quarter, the	109724
department of ~~aging~~mental health shall certify to the director of	109725
budget and management the estimated increase in costs of the	109726
residential state supplement program resulting from enrollment of	109727
individuals in the program pursuant to this section.	109728

~~(C) Not later than the last day of each calendar year, the~~	109729
~~director of aging shall submit to the general assembly a report~~	109730
~~regarding the number of individuals enrolled in the residential~~	109731
~~state supplement program pursuant to this section and the costs~~	109732
~~incurred and savings achieved as a result of the enrollments.~~	109733

~~Sec. 173.36.~~ Sec. 5119.692. As used in this section, "adult foster	109734
home" means a residence, other than a ~~residence certified or~~	109735
residential facility licensed ~~by the department of mental health~~	109736
under section 5119.22 of the Revised Code, in which accommodations	109737
and personal care services, as defined in section ~~3722.01~~5119.70	109738
of the Revised Code, are provided to one or two adults who are	109739
unrelated to the owners of the residence.	109740

The department of ~~aging~~mental health shall adopt rules in	109741
accordance with Chapter 119. of the Revised Code establishing	109742
standards for the certification of adult foster homes. The	109743
department or its designee shall certify adult foster homes that	109744
apply for certification and meet the standards established by the	109745
department.	109746

Sec. 5119.693. (A) As used in this section:

109747

(1) "Adult resident" means an individual residing in an adult	109748
foster home certified by the department of mental health.	109749

(2) "Applicant" means a person who is under final	109750
consideration for employment with an adult foster home in a	109751
full-time, part-time, or temporary position that involves	109752
providing direct care to an adult resident. "Applicant" does not	109753
include a person who provides direct care as a volunteer without	109754
receiving or expecting to receive any form of remuneration other	109755
than reimbursement for actual expenses.	109756

(3) "Criminal records check" has the same meaning as in	109757
section 109.572 of the Revised Code.	109758

(B)(1) Except as provided in division (I) of this section,	109759
the owner or administrator of an adult foster home shall request	109760
that the superintendent of the bureau of criminal identification	109761
and investigation conduct a criminal records check with respect to	109762
each applicant. If an applicant for whom a criminal records check	109763
request is required under this division does not present proof of	109764
having been a resident of this state for the five-year period	109765
immediately prior to the date the criminal records check is	109766
requested or provide evidence that within that five-year period	109767
the superintendent has requested information about the applicant	109768
from the federal bureau of investigation in a criminal records	109769
check, the owner or administrator shall request that the	109770
superintendent obtain information from the federal bureau of	109771
investigation as part of the criminal records check of the	109772
applicant. Even if an applicant for whom a criminal records check	109773
request is required under this division presents proof of having	109774
been a resident of this state for the five-year period, the owner	109775
or administrator may request that the superintendent include	109776
information from the federal bureau of investigation in the	109777
criminal records check.	109778

(2) A person required by division (B)(1) of this section to	109779
request a criminal records check shall do both of the following:	109780

(a) Provide to each applicant for whom a criminal records	109781
check request is required under that division a copy of the form	109782
prescribed pursuant to division (C)(1) of section 109.572 of the	109783
Revised Code and a standard fingerprint impression sheet	109784
prescribed pursuant to division (C)(2) of that section, and obtain	109785
the completed form and impression sheet from the applicant;	109786

(b) Forward the completed form and impression sheet to the	109787
superintendent of the bureau of criminal identification and	109788
investigation.	109789

(3) An applicant provided the form and fingerprint impression	109790
sheet under division (B)(2)(a) of this section who fails to	109791
complete the form or provide fingerprint impressions shall not be	109792
employed in any position for which a criminal records check is	109793
required by this section.	109794

(C)(1) Except as provided in rules adopted by the department	109795
of mental health in accordance with division (F) of this section	109796
and subject to division (C)(2) of this section, no adult foster	109797
home shall employ a person in a position that involves providing	109798
direct care to an adult resident if the person has been convicted	109799
of or pleaded guilty to any of the following:	109800

(a) A violation of section 2903.01, 2903.02, 2903.03,	109801
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	109802
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	109803
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	109804
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	109805
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	109806
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	109807
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	109808
2925.22, 2925.23, or 3716.11 of the Revised Code.	109809

(b) A violation of an existing or former law of this state,	109810
any other state, or the United States that is substantially	109811
equivalent to any of the offenses listed in division (C)(1)(a) of	109812
this section.	109813

(2)(a) An adult foster home may employ conditionally an	109814
applicant for whom a criminal records check request is required	109815
under division (B) of this section prior to obtaining the results	109816
of a criminal records check regarding the individual, provided	109817
that the foster home shall request a criminal records check	109818
regarding the individual in accordance with division (B)(1) of	109819
this section not later than five business days after the	109820
individual begins conditional employment. In the circumstances	109821
described in division (I)(2) of this section, an adult foster home	109822
may employ conditionally an applicant who has been referred to the	109823
adult foster home by an employment service that supplies	109824
full-time, part-time, or temporary staff for positions involving	109825
the direct care of adult residents and for whom, pursuant to that	109826
division, a criminal records check is not required under division	109827
(B) of this section.	109828

(b) An adult foster home that employs an individual	109829
conditionally under authority of division (C)(2)(a) of this	109830
section shall terminate the individual's employment if the results	109831
of the criminal records check requested under division (B) of this	109832
section or described in division (I)(2) of this section, other	109833
than the results of any request for information from the federal	109834
bureau of investigation, are not obtained within the period ending	109835
thirty days after the date the request is made. Regardless of when	109836
the results of the criminal records check are obtained, if the	109837
results indicate that the individual has been convicted of or	109838
pleaded guilty to any of the offenses listed or described in	109839
division (C)(1) of this section, the foster home shall terminate	109840
the individual's employment unless the foster home chooses to	109841
employ the individual pursuant to division (F) of this section.	109842
Termination of employment under this division shall be considered	109843
just cause for discharge for purposes of division (D)(2) of	109844
section 4141.29 of the Revised Code if the individual makes any	109845
attempt to deceive the foster home about the individual's criminal	109846
record.	109847

(D)(1) Each adult foster home shall pay to the bureau of	109848
criminal identification and investigation the fee prescribed	109849
pursuant to division (C)(3) of section 109.572 of the Revised Code	109850
for each criminal records check conducted pursuant to a request	109851
made under division (B) of this section.	109852

(2) An adult foster home may charge an applicant a fee not	109853
exceeding the amount the foster home pays under division (D)(1) of	109854
this section. An adult foster home may collect a fee only if it	109855
notifies the person at the time of initial application for	109856
employment of the amount of the fee and that, unless the fee is	109857
paid, the person will not be considered for employment.	109858

(E) The report of any criminal records check conducted	109859
pursuant to a request made under this section is not a public	109860
record for the purposes of section 149.43 of the Revised Code and	109861
shall not be made available to any person other than the	109862
following:	109863

(1) The individual who is the subject of the criminal records	109864
check or the individual's representative;	109865

(2) The owner or administrator of the foster home requesting	109866
the criminal records check or the owner's or administrator's	109867
representative;	109868

(3) The administrator of any other facility, agency, or	109869
program that provides direct care to adult residents that is owned	109870
or operated by the same entity that owns or operates the adult	109871
foster home;	109872

(4) A court, hearing officer, or other necessary individual	109873
involved in a case dealing with a denial of employment of the	109874
applicant or dealing with employment or unemployment benefits of	109875
the applicant;	109876

(5) Any person to whom the report is provided pursuant to,	109877
and in accordance with, division (I)(1) or (2) of this section.	109878

(F) The department of mental health may adopt rules in	109879
accordance with Chapter 119. of the Revised Code to implement this	109880
section. The rules may specify circumstances under which an adult	109881
foster home may employ a person who has been convicted of or	109882
pleaded guilty to an offense listed or described in division	109883
(C)(1) of this section but meets personal character standards set	109884
by the department.	109885

(G) The owner or administrator of an adult foster home shall	109886
inform each individual, at the time of initial application for a	109887
position that involves providing direct care to an adult resident,	109888
that the individual is required to provide a set of fingerprint	109889
impressions and that a criminal records check is required to be	109890
conducted if the individual comes under final consideration for	109891
employment.	109892

(H) In a tort or other civil action for damages that is	109893
brought as the result of an injury, death, or loss to person or	109894
property caused by an individual who an adult foster home employs	109895
in a position that involves providing direct care to adult	109896
residents, all of the following shall apply:	109897

(1) If the foster home employed the individual in good faith	109898
and reasonable reliance on the report of a criminal records check	109899
requested under this section, the foster home shall not be found	109900
negligent solely because of its reliance on the report, even if	109901
the information in the report is determined later to have been	109902
incomplete or inaccurate;	109903

(2) If the foster home employed the individual in good faith	109904
on a conditional basis pursuant to division (C)(2) of this	109905
section, the foster home shall not be found negligent solely	109906
because it employed the individual prior to receiving the report	109907
of a criminal records check requested under this section;	109908

(3) If the foster home in good faith employed the individual	109909
according to the personal character standards established in rules	109910
adopted under division (F) of this section, the foster home shall	109911
not be found negligent solely because the individual prior to	109912
being employed had been convicted of or pleaded guilty to an	109913
offense listed or described in division (C)(1) of this section.	109914

(I)(1) The owner or administrator of an adult foster home is	109915
not required to request that the superintendent of the bureau of	109916
criminal identification and investigation conduct a criminal	109917
records check of an applicant if the applicant has been referred	109918
to the foster home by an employment service that supplies	109919
full-time, part-time, or temporary staff for positions involving	109920
the direct care of adult residents and both of the following	109921
apply:	109922

(a) The owner or administrator receives from the employment	109923
service or the applicant a report of the results of a criminal	109924
records check regarding the applicant that has been conducted by	109925
the superintendent within the one-year period immediately	109926
preceding the applicant's referral;	109927

(b) The report of the criminal records check demonstrates	109928
that the person has not been convicted of or pleaded guilty to an	109929
offense listed or described in division (C)(1) of this section, or	109930
the report demonstrates that the person has been convicted of or	109931
pleaded guilty to one or more of those offenses, but the adult	109932
foster home chooses to employ the individual pursuant to division	109933
(F) of this section.	109934

(2) The owner or administrator of an adult foster home is not	109935
required to request that the superintendent of the bureau of	109936
criminal identification and investigation conduct a criminal	109937
records check of an applicant and may employ the applicant	109938
conditionally as described in this division, if the applicant has	109939
been referred to the foster home by an employment service that	109940
supplies full-time, part-time, or temporary staff for positions	109941
involving the direct care of adult residents and if the owner or	109942
administrator receives from the employment service or the	109943
applicant a letter from the employment service that is on the	109944
letterhead of the employment service, dated, and signed by a	109945
supervisor or another designated official of the employment	109946
service and that states that the employment service has requested	109947
the superintendent to conduct a criminal records check regarding	109948
the applicant, that the requested criminal records check will	109949
include a determination of whether the applicant has been	109950
convicted of or pleaded guilty to any offense listed or described	109951
in division (C)(1) of this section, that, as of the date set forth	109952
on the letter, the employment service had not received the results	109953
of the criminal records check, and that, when the employment	109954
service receives the results of the criminal records check, it	109955
promptly will send a copy of the results to the adult care foster	109956
home. If an adult foster home employs an applicant conditionally	109957
in accordance with this division, the employment service, upon its	109958
receipt of the results of the criminal records check, promptly	109959
shall send a copy of the results to the adult foster home, and	109960
division (C)(2)(b) of this section applies regarding the	109961
conditional employment.	109962

~~Sec. 3722.01.~~ Sec. 5119.70. (A) As used in ~~this chapter~~sections	109963
5119.70 to 5119.88:	109964

(1) "Owner" means the person who owns the business of and who	109965
ultimately controls the operation of an adult care facility and to	109966
whom the manager, if different from the owner, is responsible.	109967

(2) "Manager" means the person responsible for the daily	109968
operation of an adult care facility. The manager and the owner of	109969
a facility may be the same person.	109970

(3) "Adult" means an individual eighteen years of age or	109971
older.	109972

(4) "Unrelated" means that an adult resident is not related	109973
to the owner or manager of an adult care facility or to the	109974
owner's or manager's spouse as a parent, grandparent, child,	109975
stepchild, grandchild, brother, sister, niece, nephew, aunt, or	109976
uncle, or as the child of an aunt or uncle.	109977

(5) "Skilled nursing care" means skilled nursing care as	109978
defined in section 3721.01 of the Revised Code.	109979

(6)(a) "Personal care services" means services including, but	109980
not limited to, the following:	109981

(i) Assistance with activities of daily living;

109982

(ii) Assistance with self-administration of medication, in	109983
accordance with rules adopted ~~by the public health council~~	109984
~~pursuant to this chapter~~under section 5119.79 of the Revised	109985
Code;	109986

(iii) Preparation of special diets, other than complex	109987
therapeutic diets, for residents pursuant to the instructions of a	109988
physician or a licensed dietitian, in accordance with rules	109989
adopted ~~by the public health council pursuant to this chapter~~	109990
under section 5119.79 of the Revised Code.	109991

(b) "Personal care services" does not include "skilled	109992
nursing care" as defined in section 3721.01 of the Revised Code. A	109993
facility need not provide more than one of the services listed in	109994
division (A)(6)(a) of this section for the facility to be	109995
considered to be providing personal care services.	109996

(7) "Adult family home" means a residence or facility that	109997
provides accommodations and supervision to three to five unrelated	109998
adults, at least three of whom require personal care services.	109999

(8) "Adult group home" means a residence or facility that	110000
provides accommodations and supervision to six to sixteen	110001
unrelated adults, at least three of whom require personal care	110002
services.	110003

(9) "Adult care facility" means an adult family home or an	110004
adult group home. For the purposes of ~~this chapter~~sections	110005
5119.70 to 5119.88 of the Revised Code, any residence, facility,	110006
institution, hotel, congregate housing project, or similar	110007
facility that provides accommodations and supervision to three to	110008
sixteen unrelated adults, at least three of whom require personal	110009
care services, is an adult care facility regardless of how the	110010
facility holds itself out to the public. "Adult care facility"	110011
does not include:	110012

(a) A facility operated by a hospice care program licensed	110013
under section 3712.04 of the Revised Code that is used exclusively	110014
for care of hospice patients;	110015

(b) A nursing home, residential care facility, or home for	110016
the aging as defined in section 3721.01 of the Revised Code;	110017

(c) An alcohol and drug addiction program as defined in	110018
section 3793.01 of the Revised Code;	110019

(d) A residential facility for the mentally ill licensed by	110020
the department of mental health under section 5119.22 of the	110021
Revised Code;	110022

(e) A facility licensed to provide methadone treatment under	110023
section 3793.11 of the Revised Code;	110024

(f) A residential facility licensed under section 5123.19 of	110025
the Revised Code or otherwise regulated by the department of	110026
developmental disabilities;	110027

(g) Any residence, institution, hotel, congregate housing	110028
project, or similar facility that provides personal care services	110029
to fewer than three residents or that provides, for any number of	110030
residents, only housing, housekeeping, laundry, meal preparation,	110031
social or recreational activities, maintenance, security,	110032
transportation, and similar services that are not personal care	110033
services or skilled nursing care;	110034

(h) Any facility that receives funding for operating costs	110035
from the department of development under any program established	110036
to provide emergency shelter housing or transitional housing for	110037
the homeless;	110038

(i) A terminal care facility for the homeless that has	110039
entered into an agreement with a hospice care program under	110040
section 3712.07 of the Revised Code;	110041

(j) A facility approved by the veterans administration under	110042
section 104(a) of the "Veterans Health Care Amendments of 1983,"	110043
97 Stat. 993, 38 U.S.C.A. 630, as amended, and used exclusively	110044
for the placement and care of veterans.	110045

(10) ~~"Residents' rights advocate" means:~~

110046

~~(a) An employee or representative of any state or local~~	110047
~~government entity that has a responsibility for residents of adult~~	110048
~~care facilities and has registered with the department of health~~	110049
~~under section 3701.07 of the Revised Code;~~	110050

~~(b) An employee or representative, other than a manager or~~	110051
~~employee of an adult care facility or nursing home, of any private~~	110052
~~nonprofit corporation or association that qualifies for tax-exempt~~	110053
~~status under section 501(a) of the "Internal Revenue Code of~~	110054
~~1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has~~	110055
~~registered with the department of health under section 3701.07 of~~	110056
~~the Revised Code, and whose purposes include educating and~~	110057
~~counseling residents, assisting residents in resolving problems~~	110058
~~and complaints concerning their care and treatment, and assisting~~	110059
~~them in securing adequate services.~~	110060

~~(11)~~ "Sponsor" means an adult relative, friend, or guardian	110061
of a resident of an adult care facility who has an interest in or	110062
responsibility for the resident's welfare.	110063

~~(12)~~(11) "Ombudsperson" means a "representative of the office	110064
of the state long-term care ombudsperson program" as defined in	110065
section 173.14 of the Revised Code.	110066

~~(13)~~(12) "Mental health agency" means a community mental	110067
health agency, as defined in division (H) of section ~~5119.22~~	110068
5122.01 of the Revised Code, under contract with an ADAMHS board	110069
pursuant to division (A)~~(8)~~(7)(a) of section 340.03 of the Revised	110070
Code.	110071

~~(14)~~(13) "ADAMHS board" means a board of alcohol, drug	110072
addiction, and mental health services;	110073

~~(15)~~(14) "Mental health resident program participation	110074
agreement" means a written agreement between an adult care	110075
facility and the ADAMHS board serving the alcohol, drug addiction,	110076
and mental health service district in which the facility is	110077
located, under which the facility is authorized to admit residents	110078
who are receiving or are eligible for publicly funded mental	110079
health services.	110080

~~(16)~~(15) "~~PASSPORT~~RSS administrative agency" means an entity	110081
~~under contract with the department of aging to provide~~that	110082
provides administrative services regarding the ~~PASSPORT~~	110083
residential state supplement program ~~created under section 173.40~~	110084
~~of the Revised Code~~on behalf of the department of mental health,	110085
either by having entered into a contract with the department to	110086
serve in that capacity or by having the department otherwise	110087
delegate to it the responsibility to serve in that capacity.	110088

(B) For purposes of ~~this chapter~~sections 5119.70 to 5119.88	110089
of the Revised Code, personal care services or skilled nursing	110090
care shall be considered to be provided by a facility if they are	110091
provided by a person employed by or associated with the facility	110092
or by another person pursuant to an agreement to which neither the	110093
resident who receives the services nor the resident's sponsor is a	110094
party.	110095

(C) Nothing in division (A)(6) of this section shall be	110096
construed to permit personal care services to be imposed upon a	110097
resident who is capable of performing the activity in question	110098
without assistance.	110099

~~Sec. 3722.011.~~ Sec. 5119.701. (A) All medication taken by residents	110100
of an adult care facility shall be self-administered, except that	110101
medication may be administered to a resident as part of the	110102
skilled nursing care provided in accordance with division (B) of	110103
section ~~3722.16~~5119.86 of the Revised Code. No person shall be	110104
admitted to or retained by an adult care facility unless the	110105
person is capable of self-administering the person's medication,	110106
as determined in writing by a physician, except that a person may	110107
be admitted to or retained by such a facility if the person's	110108
medication is administered as part of the skilled nursing care	110109
provided in accordance with division (B) of section ~~3722.16~~	110110
5119.86 of the Revised Code.	110111

(B) Members of the staff of an adult care facility shall not	110112
administer medication to residents but may do any of the	110113
following:	110114

Remind a resident when to take medication and watch to ensure	110115
that the resident follows the directions on the container;	110116

Assist a resident in the self-administration of medication by	110117
taking the medication from the locked area where it is stored, in	110118
accordance with rules adopted ~~by the public health council~~	110119
~~pursuant to this chapter~~under section 5119.79 of the Revised	110120
Code, and handing it to the resident. If the resident is	110121
physically unable to open the container, a staff member may open	110122
the container for the resident.	110123

Assist a physically impaired but mentally alert resident,	110124
such as a resident with arthritis, cerebral palsy, or Parkinson's	110125
disease, in removing oral or topical medication from containers	110126
and in consuming or applying the medication, upon request by or	110127
with the consent of the resident. If a resident is physically	110128
unable to place a dose of medicine to the resident's mouth without	110129
spilling it, a staff member may place the dose in a container and	110130
place the container to the mouth of the resident.	110131

~~Sec. 3722.02.~~ Sec. 5119.71. A person seeking a license to operate	110132
an adult care facility shall submit to the director of mental	110133
health an application on a form prescribed by the director and the	110134
following:	110135

(A) In the case of an adult group home seeking licensure as	110136
an adult care facility, evidence that the home has been inspected	110137
and approved by a local certified building department or by the	110138
division of labor in the department of commerce as meeting the	110139
applicable requirements of sections 3781.06 to 3781.18 and 3791.04	110140
of the Revised Code and any rules adopted under those sections and	110141
evidence that the home has been inspected by the state fire	110142
marshal or fire prevention officer of a municipal, township, or	110143
other legally constituted fire department approved by the state	110144
fire marshal and found to be in compliance with rules adopted	110145
under section 3737.83 of the Revised Code regarding fire	110146
prevention and safety in adult group homes;	110147

(B) Valid approvals of the facility's water and sewage	110148
systems issued by the responsible governmental entity, if	110149
applicable;	110150

(C) A statement of ownership containing the following	110151
information:	110152

(1) If the owner is an individual, the owner's name, address,	110153
telephone number, business address, business telephone number, and	110154
occupation. If the owner is an association, corporation, or	110155
partnership, the business activity, address, and telephone number	110156
of the entity and the name of every person who has an ownership	110157
interest of five per cent or more in the entity.	110158

(2) If the owner does not own the building or if the owner	110159
owns only part of the building in which the facility is housed,	110160
the name of each person who has an ownership interest of five per	110161
cent or more in the building;	110162

(3) The address of any adult care facility and any facility	110163
described in divisions (A)(9)(a) to (j) of section ~~3722.01~~5119.70	110164
of the Revised Code in which the owner has an ownership interest	110165
of five per cent or more;	110166

(4) The identity of the manager of the adult care facility,	110167
if different from the owner;	110168

(5) The name and address of any adult care facility and any	110169
facility described in divisions (A)(9)(a) to (j) of section	110170
~~3722.01~~5119.70 of the Revised Code with which either the owner or	110171
manager has been affiliated through ownership or employment in the	110172
five years prior to the date of the application;	110173

(6) The names and addresses of three persons not employed by	110174
or associated in business with the owner who will provide	110175
information about the character, reputation, and competence of the	110176
owner and the manager and the financial responsibility of the	110177
owner;	110178

(7) Information about any arrest of the owner or manager for,	110179
or adjudication or conviction of, a criminal offense related to	110180
the provision of care in an adult care facility or any facility	110181
described in divisions (A)(9)(a) to (j) of section ~~3722.01~~5119.70	110182
of the Revised Code or the ability to operate a facility;	110183

(8) Any other information the director may require regarding	110184
the owner's ability to operate the facility.	110185

(D) If the facility is an adult group home, a balance sheet	110186
showing the assets and liabilities of the owner and a statement	110187
projecting revenues and expenses for the first twelve months of	110188
the facility's operation;	110189

(E) A statement containing the following information	110190
regarding admissions to the facility:	110191

(1) The intended bed capacity of the facility;

110192

(2) If the facility will admit persons referred by or	110193
receiving services from an ADAMHS board or a mental health agency,	110194
the total number of beds anticipated to be occupied as a result of	110195
those admissions.	110196

(F) A nonrefundable license application fee in an amount	110197
established in rules adopted ~~by the public health council pursuant~~	110198
~~to this chapter~~under section 5119.79 of the Revised Code.	110199

~~Sec. 3722.021.~~ Sec. 5119.711. In determining the number of	110200
residents in a facility for the purpose of licensure ~~under this~~	110201
~~chapter~~as an adult care facility, the director of mental health	110202
shall consider all the individuals for whom the facility provides	110203
accommodations as one group unless either of the following is the	110204
case:	110205

(A) In addition to being an adult care facility, the facility	110206
is a nursing home licensed under Chapter 3721. of the Revised	110207
Code, a residential facility licensed under that chapter, or both.	110208
In that case, all the individuals in the part or unit licensed as	110209
a nursing home, residential care facility, or both, shall be	110210
considered as one group and all the individuals in the part or	110211
unit licensed as an adult care facility shall be considered as	110212
another group.	110213

(B) The facility maintains, in addition to an adult care	110214
facility, a separate and discrete part or unit that provides	110215
accommodations to individuals who do not receive supervision or	110216
personal care services from the adult care facility, in which case	110217
the individuals in the separate and discrete part or unit shall	110218
not be considered in determining the number of residents in the	110219
adult care facility if the separate and discrete part or unit is	110220
in compliance with the Ohio basic building code established by the	110221
board of building standards under Chapters 3781. and 3791. of the	110222
Revised Code and the adult care facility, to the extent of its	110223
authority, permits the director, on request, to inspect the	110224
separate and discrete part or unit and speak with the individuals	110225
residing there, if they consent, to determine whether the separate	110226
and discrete part or unit meets the requirements of this division.	110227

~~Sec. 3722.022.~~ Sec. 5119.712. A person may not apply for a license	110228
to operate an adult care facility if the person is or has been the	110229
owner or manager of an adult care facility for which a license to	110230
operate was revoked or for which renewal of a license was refused	110231
for any reason other than nonpayment of the license renewal fee,	110232
unless both of the following conditions are met:	110233

(A) A period of not less than two years has elapsed since the	110234
date the director of mental health issued the order revoking or	110235
refusing to renew the facility's license.	110236

(B) The director's revocation or refusal to renew the license	110237
was not based on an act or omission at the facility that violated	110238
a resident's right to be free from abuse, neglect, or	110239
exploitation.	110240

~~Sec. 3722.03.~~ Sec. 5119.72. (A) Any person may operate an adult	110241
family home licensed as an adult care facility as a permitted use	110242
in any residential district or zone, including any single-family	110243
residential district or zone of any political subdivision. Such	110244
adult family homes may be required to comply with area, height,	110245
yard, and architectural compatibility requirements that are	110246
uniformly imposed upon all single-family residences within the	110247
district or zone.	110248

(B) Any person may operate an adult group home licensed as an	110249
adult care facility as a permitted use in any multiple-family	110250
residential district or zone of any political subdivision, except	110251
that a political subdivision that has enacted a zoning ordinance	110252
or resolution establishing planned-unit development districts as	110253
defined in section 519.021 of the Revised Code may exclude adult	110254
group homes from such districts, and a political subdivision that	110255
has enacted a zoning ordinance or resolution may regulate adult	110256
group homes in multiple-family residential districts or zones as a	110257
conditionally permitted use or special exception, in either case,	110258
under reasonable and specific standards and conditions set out in	110259
the zoning ordinance or resolution to:	110260

(1) Require the architectural design and site layout of the	110261
home and the location, nature, and height of any walls, screens,	110262
and fences to be compatible with adjoining land uses and the	110263
residential character of the neighborhood;	110264

(2) Require compliance with yard, parking, and sign	110265
regulation.	110266

(C) This section does not affect any right of a political	110267
subdivision to permit a person to operate an adult group home	110268
licensed under this chapter in a single-family residential	110269
district or zone under conditions established by the political	110270
subdivision.	110271

(D)(1) Notwithstanding divisions (A) and (B) of this section	110272
and except as otherwise provided in division (D)(2) of this	110273
section, a political subdivision that has enacted a zoning	110274
ordinance or resolution may limit the excessive concentration of	110275
adult family homes and adult group homes required to be licensed	110276
as adult care facilities.	110277

(2) Nothing in division (D)(1) of this section authorizes a	110278
political subdivision to prevent or limit the continued existence	110279
and operation of adult family homes and adult group homes existing	110280
and operating on the effective date of this section and required	110281
to be licensed as adult care facilities. A political subdivision	110282
may consider the existence of such homes for the purpose of	110283
limiting the excessive concentration of adult family homes or	110284
adult group homes required to be licensed as adult care facilities	110285
that are not existing and operating on the effective date of this	110286
section.	110287

~~Sec. 3722.04.~~ Sec. 5119.73. (A) The director of mental health	110288
shall inspect, license, and regulate adult care facilities. Except	110289
as otherwise provided in division (D) of this section, the	110290
director shall issue a license to an adult care facility that	110291
meets the requirements of section ~~3722.02~~5119.71 of the Revised	110292
Code and that the director determines to be in substantial	110293
compliance with the rules adopted ~~by the public health council~~	110294
pursuant to ~~this chapter~~sections 5119.70 to 5119.88 of the	110295
Revised Code. The director shall consider the past record of the	110296
owner and manager and any individuals who are principal	110297
participants in an entity that is the owner or manager in	110298
operating facilities providing care to adults. The director may,	110299
in accordance with Chapter 119. of the Revised Code, deny a	110300
license if the past record indicates that the owner or manager is	110301
not suitable to own or manage an adult care facility.	110302

The license shall contain the name and address of the	110303
facility for which it was issued, the date of expiration of the	110304
license, and the maximum number of residents that may be	110305
accommodated by the facility. A license for an adult care facility	110306
shall be valid for a period of two years after the date of	110307
issuance. No single facility may be licensed to operate as more	110308
than one adult care facility.	110309

(B) The director shall renew a license for a two-year period	110310
if the facility continues to be in compliance with the	110311
requirements of this chapter and in substantial compliance with	110312
the rules adopted ~~under this chapter~~pursuant to sections 5119.70	110313
to 5119.88 of the Revised Code. The owner shall submit a	110314
nonrefundable license renewal application fee in an amount	110315
established in rules adopted ~~by the public health council pursuant~~	110316
~~to this chapter~~under section 5119.79 of the Revised Code. Before	110317
the license of an adult group home is renewed, if any alterations	110318
have been made to the buildings, a certificate of occupancy for	110319
the facility shall have been issued by the division of labor in	110320
the department of commerce or a local certified building	110321
department. The facility shall have water and sewage system	110322
approvals, if required by law, and, in the case of an adult group	110323
home, documentation of continued compliance with the rules adopted	110324
by the state fire marshal under division (F) of section 3737.83 of	110325
the Revised Code.	110326

(C)(1) During each licensure period, the director shall make	110327
at least one unannounced inspection of an adult care facility in	110328
addition to inspecting the facility to determine whether a license	110329
should be issued or renewed, and may make additional unannounced	110330
inspections as the director considers necessary. Other inspections	110331
may be made at any time that the director considers appropriate.	110332
Inspections may be conducted as desk audits or on-site	110333
inspections.	110334

The director shall take all reasonable actions to avoid	110335
giving notice of an inspection by the manner in which the	110336
inspection is scheduled or performed.	110337

If an inspection is conducted to investigate an alleged	110338
violation of the requirements of ~~this chapter~~sections 5119.70 to	110339
5119.88 of the Revised Code in a facility with residents referred	110340
by or receiving services from a mental health agency or ADAMHS	110341
board or a facility with residents receiving assistance under the	110342
residential state supplement program administered by the	110343
department of ~~aging~~mental health pursuant to section ~~173.35~~	110344
5119.69 of the Revised Code, the director ~~shall~~may coordinate the	110345
inspection with the appropriate mental health agency, ADAMHS	110346
board, or ~~PASSPORT~~residential state supplement administrative	110347
agency designated under section 5119.69 of the Revised Code. As	110348
~~the director considers appropriate, the~~The director ~~shall~~may	110349
conduct the inspection jointly with the mental health agency,	110350
ADAMHS board, or ~~PASSPORT~~residential state supplement	110351
administrative agency.	110352

Not later than sixty days after the date of an inspection of	110353
a facility, the director shall send a report of the inspection to	110354
the regional long-term care ombudsperson ~~in whose region~~	110355
representing the program in the area in which the facility is	110356
located.	110357

(2) The state fire marshal or fire prevention officer of a	110358
municipal, township, or other legally constituted fire department	110359
approved by the state fire marshal shall inspect an adult group	110360
home seeking a license or renewal ~~under this chapter~~ as an adult	110361
care facility prior to issuance of a license or renewal, at least	110362
once annually thereafter, and at any other time at the request of	110363
the director, to determine compliance with the rules adopted under	110364
division (F) of section 3737.83 of the Revised Code.	110365

(D) The director may waive any of the licensing requirements	110366
established by rule ~~adopted by the public health council~~ pursuant	110367
to ~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code	110368
upon written request of the facility. The director may grant a	110369
waiver if the director determines that the strict application of	110370
the licensing requirement would cause undue hardship to the	110371
facility and that granting the waiver would not jeopardize the	110372
health or safety of any resident. The director may provide a	110373
facility with an informal hearing concerning the denial of a	110374
waiver request, but the facility shall not be entitled to a	110375
hearing under Chapter 119. of the Revised Code unless the director	110376
takes an action that requires a hearing to be held under section	110377
~~3722.05~~5119.74 of the Revised Code.	110378

(E)(1) Not later than thirty days after each of the	110379
following, the owner of an adult care facility shall submit an	110380
inspection fee of twenty dollars for each bed for which the	110381
facility is licensed:	110382

(a) Issuance or renewal of a license;

110383

(b) The unannounced inspection required by division (C)(1) of	110384
this section that is in addition to the inspection conducted to	110385
determine whether a license should be issued or renewed;	110386

(c) If, during an inspection conducted in addition to the two	110387
inspections required by division (C)(1) of this section, the	110388
facility was found to be in violation of ~~this chapter~~sections	110389
5119.70 to 5119.88 of the Revised Code or the rules adopted under	110390
itthose sections, receipt by the facility of the report of that	110391
investigation.	110392

(2) The director may revoke the license of any adult care	110393
facility that fails to submit the fee within the thirty-day	110394
period.	110395

(3) All inspection fees received by the director, all civil	110396
penalties assessed under section ~~3722.08~~5119.77 of the Revised	110397
Code, all fines imposed under section ~~3722.99~~5119.99 of the	110398
Revised Code, and all license application and renewal application	110399
fees received under division (F) of section ~~3722.02~~5119.71 of the	110400
Revised Code or under division (B) of this section ~~shall be~~	110401
~~deposited into the general operations fund created in section~~	110402
~~3701.83 of the Revised Code and~~ shall be used only to pay the	110403
costs of administering and enforcing the requirements of ~~this~~	110404
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code and rules	110405
adopted under itthose sections.	110406

(F)(1) An owner shall inform the director in writing of any	110407
changes in the information contained in the statement of ownership	110408
made pursuant to division (C) of section ~~3722.02~~5119.71 of the	110409
Revised Code or in the identity of the manager, not later than ten	110410
days after the change occurs.	110411

(2) An owner who sells or transfers an adult care facility	110412
shall be responsible and liable for the following:	110413

(a) Any civil penalties imposed against the facility under	110414
section ~~3722.08~~5119.77 of the Revised Code for violations that	110415
occur before the date of transfer of ownership or during any	110416
period in which the seller or the seller's agent operates the	110417
facility;	110418

(b) Any outstanding liability to the state, unless the buyer	110419
or transferee has agreed, as a condition of the sale or transfer,	110420
to accept the outstanding liabilities and to guarantee their	110421
payment, except that if the buyer or transferee fails to meet	110422
these obligations the seller or transferor shall remain	110423
responsible for the outstanding liability.	110424

(G) The director shall annually publish a list of licensed	110425
adult care facilities, facilities for which licenses have been	110426
revoked, facilities for which license renewal has been refused,	110427
any facilities under an order suspending admissions pursuant to	110428
section ~~3722.07~~5119.76 of the Revised Code, and any facilities	110429
that have been assessed a civil penalty pursuant to section	110430
~~3722.08~~5119.77 of the Revised Code. The director shall furnish	110431
information concerning the status of licensure of any facility to	110432
any person upon request. The director shall annually send a copy	110433
of the list to the department of job and family services~~, to the~~	110434
~~department of mental health,~~ and to the department of aging.	110435

~~Sec. 3722.041.~~ Sec. 5119.731. (A) Sections 3781.06 to 3781.18 and	110436
3791.04 of the Revised Code do not apply to an adult family home	110437
for which application is made to the director of mental health for	110438
licensure as an adult care facility ~~under this chapter~~. Adult	110439
family homes shall not be required to submit evidence to the	110440
director ~~of health~~ that the home has been inspected by a local	110441
certified building department or the division of labor in the	110442
department of commerce or by the state fire marshal or a fire	110443
prevention officer under section ~~3722.02~~5119.71 of the Revised	110444
Code, but shall be inspected by the director ~~of health~~ to	110445
determine compliance with this section. An inspection made under	110446
this section may be made at the same time as an inspection made	110447
under section ~~3722.04~~5119.73 of the Revised Code.	110448

(B) The director shall not license or renew the license of an	110449
adult family home unless it meets the fire protection standards	110450
established by rules adopted ~~by the public health council pursuant~~	110451
~~to this chapter~~under section 5119.79 of the Revised Code.	110452

~~Sec. 3722.05.~~ Sec. 5119.74. If an adult care facility fails to	110453
comply with any requirement of ~~this chapter~~sections 5119.70 to	110454
5119.88 of the Revised Code or with any rule adopted ~~pursuant to~~	110455
~~this chapter~~under those sections, the director of mental health	110456
may do any one or all of the following:	110457

(A) In accordance with Chapter 119. of the Revised Code,	110458
deny, revoke, or refuse to renew the license of the facility;	110459

(B) Give the facility an opportunity to correct the	110460
violation, in accordance with section ~~3722.06~~5119.75 of the	110461
Revised Code;	110462

(C) Issue an order suspending the admission of residents to	110463
the facility, in accordance with section ~~3722.07~~5119.76 of the	110464
Revised Code;	110465

(D) Impose a civil penalty in accordance with section ~~3722.08~~	110466
5119.77 of the Revised Code;	110467

(E) Petition the court of common pleas for injunctive relief	110468
in accordance with section ~~3722.09~~5119.78 of the Revised Code.	110469

~~Sec. 3722.06.~~ Sec. 5119.75. Except as otherwise provided in	110470
sections ~~3722.07~~5119.76 to ~~3722.09~~5119.78 of the Revised Code	110471
and except in cases of violations that jeopardize the health and	110472
safety of any of the residents, if the director of mental health	110473
determines that a licensed adult care facility is in violation of	110474
~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code or of	110475
rules adopted ~~pursuant to this chapter~~under those sections, the	110476
director shall give the facility an opportunity to correct the	110477
violation. The director shall notify the facility of the violation	110478
and specify a reasonable time for making the corrections. Notice	110479
of the violation shall be in writing and shall include a citation	110480
to the statute or rule violated. The director shall state the	110481
action that the director will take if the corrections are not made	110482
within the specified period of time.	110483

The facility shall submit to the director a plan of	110484
correction stating the actions that will be taken to correct the	110485
violation. The director shall conduct an inspection to determine	110486
whether the facility has corrected the violation in accordance	110487
with the plan of correction.	110488

If the director determines that the facility has failed to	110489
correct the violation in accordance with the plan of correction,	110490
the director may impose a penalty under section ~~3722.08~~5119.77 of	110491
the Revised Code. If the director determines that the license of	110492
the facility should be revoked or should not be renewed because	110493
the facility has failed to correct the violation within the time	110494
specified or because the violation jeopardizes the health or	110495
safety of any of the residents, the director shall revoke or	110496
refuse to renew the license in accordance with Chapter 119. of the	110497
Revised Code.	110498

~~Sec. 3722.07.~~ Sec. 5119.76. (A) If the director of mental health	110499
determines that an adult care facility is in violation of ~~this~~	110500
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code or of	110501
rules adopted ~~pursuant to it~~under those sections, the director	110502
may immediately issue an order suspending the admission of	110503
residents to the facility. This order shall be effective	110504
immediately without prior hearing, and no resident shall be	110505
admitted to the facility until termination of the order. The	110506
director shall send a copy of the order to each organization known	110507
by the director to have placed residents in the facility and upon	110508
termination of the order shall send written notice of the	110509
termination to each of these organizations. Upon inquiry by any	110510
person about the licensure status of the facility, the director	110511
shall disclose the existence of an order of suspension. If the	110512
director discloses the existence of such an order to any person	110513
pursuant to this division, hethe director shall also notify that	110514
person, and any other person upon inquiry, of any subsequent	110515
termination of the order of suspension. The facility shall post	110516
the notice provided for in division (B) of this section	110517
prominently and shall inform any person who inquires about	110518
residence or placement in the facility of the order.	110519

(B) The director shall give written notice of the order of	110520
suspension to the facility by certified mail, return receipt	110521
requested, or shall provide for delivery of the notice in person.	110522
If requested by the facility in a letter mailed or delivered not	110523
later than two working days after it has received the notice, the	110524
director shall hold a conference with representatives of the	110525
facility concerning the suspension. The conference shall be held	110526
not later than seven days after the director receives the request.	110527

The notice sent by the director shall contain all of the	110528
following:	110529

(1) A description of the violation;

110530

(2) A citation to the statute or rule violated;

110531

(3) A description of the corrections required for termination	110532
of the order of suspension;	110533

(4) Procedures for the facility to follow to request a	110534
conference on the order of suspension.	110535

(C) At the conference the director shall discuss with the	110536
representatives of the facility the violation cited in the notice	110537
provided for in division (B) of this section and shall advise the	110538
representatives in regard to correcting the violations. Not later	110539
than five days after the conference, the director shall issue	110540
another order either upholding or terminating the suspension. If	110541
the director issues an order upholding the suspension, the	110542
facility may request an adjudication hearing pursuant to Chapter	110543
119. of the Revised Code, but the notice and hearing under that	110544
chapter shall be provided after the order is issued, and the	110545
suspension shall remain in effect during the hearing process	110546
unless terminated by the director or until ninety days have	110547
elapsed after a timely request for an adjudication hearing is	110548
received by the director, whichever is sooner.	110549

~~Sec. 3722.08.~~ Sec. 5119.77. (A) If the director of mental health	110550
determines that an adult care facility is in violation of ~~this~~	110551
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code or rules	110552
adopted under itthose sections, the director may impose a civil	110553
penalty on the owner of the facility, pursuant to rules adopted by	110554
~~the public health council~~ under ~~this chapter~~sections 5119.79 and	110555
5119.80 of the Revised Code. The director shall determine the	110556
classification and amount of the penalty by considering the	110557
following factors:	110558

(1) The gravity of the violation, the severity of the actual	110559
or potential harm, and the extent to which the provisions of this	110560
chapter or rules adopted under it were violated;	110561

(2) Actions taken by the owner or manager to correct the	110562
violation;	110563

(3) The number, if any, of previous violations by the adult	110564
care facility.	110565

(B) The director shall give written notice of the order	110566
imposing a civil penalty to the adult care facility by certified	110567
mail, return receipt requested, or shall provide for delivery of	110568
the notice in person. The notice shall specify the classification	110569
of the violation as determined by rules adopted ~~by the public~~	110570
~~health council pursuant to this chapter~~under section 5119.80 of	110571
the Revised Code, the amount of the penalty and the rate of	110572
interest, the action that is required to be taken to correct the	110573
violation, the time within which it is to be corrected as	110574
specified in division (C) of this section, and the procedures for	110575
the facility to follow to request a conference on the order	110576
imposing a civil penalty. If the facility requests a conference in	110577
a letter mailed or delivered not later than two working days after	110578
it has received the notice, the director shall hold a conference	110579
with representatives of the facility concerning the civil penalty.	110580
The conference shall be held not later than seven days after the	110581
director receives the request. The conference shall be conducted	110582
as prescribed in division (C) of section ~~3722.07~~5119.76 of the	110583
Revised Code. If the director issues an order upholding the civil	110584
penalty, the facility may request an adjudication hearing pursuant	110585
to Chapter 119. of the Revised Code, but the order of the director	110586
shall be in effect during proceedings instituted pursuant to that	110587
chapter until a final adjudication is made.	110588

(C) The director shall order that the condition or practice	110589
constituting a class I violation be abated or eliminated within	110590
twenty-four hours or any longer period that the director considers	110591
reasonable. The notice for a class II or a class III violation	110592
shall specify a time within which the violation is required to be	110593
corrected.	110594

(D) If the facility does not request a conference or if,	110595
after a conference, it fails to take action to correct a violation	110596
in the time prescribed by the director, the director shall issue	110597
an order upholding the penalty, plus interest at the rate	110598
specified in section 1343.03 of the Revised Code for each day	110599
beyond the date set for payment of the penalty. The director may	110600
waive the interest payment for the period prior to the conference	110601
if the director concludes that the conference was necessitated by	110602
a legitimate dispute.	110603

(E) The director may cancel or reduce the penalty for a class	110604
I violation if the facility corrects the violation within the time	110605
specified in the notice, except that the director shall impose the	110606
penalty even though the facility has corrected the violation if a	110607
resident suffers physical harm because of the violation or the	110608
facility has been cited previously for the same violation. The	110609
director may cancel the penalty for a class II or class III	110610
violation if the facility corrects the violation within the time	110611
specified in the notice and the facility has not been cited	110612
previously for the same violation. Each day of a violation of any	110613
class, after the date the director sets for abatement or	110614
elimination, constitutes a separate and additional violation.	110615

(F) If an adult care facility fails to pay a penalty imposed	110616
under this section, the director may commence a civil action to	110617
collect the penalty. The license of an adult care facility that	110618
has failed to pay a penalty imposed under this section shall not	110619
be renewed until the penalty has been paid.	110620

(G) If a penalty is imposed under this section, a fine shall	110621
not be imposed under section ~~3722.99~~5119.99 of the Revised Code	110622
for the same violation.	110623

~~Sec. 3722.09.~~ Sec. 5119.78. (A) If the director of mental health	110624
determines that the operation of an adult care facility	110625
jeopardizes the health or safety of any of the residents of the	110626
facility or if the director determines that an adult care facility	110627
is operating without a license, the director may petition the	110628
court of common pleas in the county in which the facility is	110629
located for appropriate injunctive relief against the facility. If	110630
injunctive relief is granted against a facility for operating	110631
without a license and the facility continues to operate without a	110632
license, the director shall refer the case to the attorney general	110633
for further action.	110634

(B) The court petitioned under division (A) of this section	110635
shall grant injunctive relief upon a showing that the operation of	110636
the facility jeopardizes the health or safety of any of the	110637
residents of the facility or that the facility is operating	110638
without a license. When the court grants injunctive relief in the	110639
case of a facility operating without a license, the court shall	110640
issue, at a minimum, an order enjoining the facility from	110641
admitting new residents to the facility and an order requiring the	110642
facility to assist ~~resident rights advocates~~ with the safe and	110643
orderly relocation of the facility's residents.	110644

~~Sec. 3722.10.~~ Sec. 5119.79. (A) The ~~public health council shall~~	110645
~~have the exclusive authority to adopt, and the council~~department	110646
of mental health shall adopt, rules governing the licensing and	110647
operation of adult care facilities. The rules shall be adopted in	110648
accordance with Chapter 119. of the Revised Code ~~and shall~~.	110649
Subject to any provision of sections 5119.70 to 5119.88 of the	110650
Revised Code for which rules are required to be adopted, the rules	110651
may specify ~~all~~any of the following:	110652

(1) Procedures for the issuance, renewal, and revocation of	110653
licenses, for the granting and denial of waivers, and for the	110654
issuance and termination of orders of suspension of admission	110655
pursuant to section ~~3722.07~~5119.76 of the Revised Code;	110656

(2) The qualifications required for owners, managers, and	110657
employees of adult care facilities, including character, training,	110658
education, experience, and financial resources and the number of	110659
staff members required in a facility;	110660

(3) Adequate space, equipment, safety, and sanitation	110661
standards for the premises of adult care facilities, and fire	110662
protection standards for adult family homes as required by section	110663
~~3722.041~~5119.731 of the Revised Code;	110664

(4) The personal, social, dietary, and recreational services	110665
to be provided to each resident of adult care facilities;	110666

(5) Rights of residents of adult care facilities, in addition	110667
to the rights enumerated under section ~~3722.12~~5119.81 of the	110668
Revised Code, and procedures to protect and enforce the rights of	110669
these residents;	110670

(6) Provisions for keeping records of residents and for	110671
maintaining the confidentiality of the records as required by	110672
division (B) of section ~~3722.12~~5119.81 of the Revised Code. The	110673
provisions for maintaining the confidentiality of records shall,	110674
at the minimum, meet the requirements for maintaining the	110675
confidentiality of records under Title XIX of the "Social Security	110676
Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and regulations	110677
promulgated thereunder.	110678

(7) Measures to be taken by adult care facilities relative to	110679
residents' medication, including policies and procedures	110680
concerning medication, storage of medication in a locked area, and	110681
disposal of medication and assistance with self-administration of	110682
medication, if the facility provides assistance;	110683

(8) Requirements for initial and periodic health assessments	110684
of prospective and current adult care facility residents by	110685
physicians or other health professionals to ensure that they do	110686
not require a level of care beyond that which is provided by the	110687
adult care facility, including assessment of their capacity to	110688
self-administer the medications prescribed for them;	110689

(9) Requirements relating to preparation of special diets;

110690

(10) The amount of the fees for new and renewal license	110691
applications made pursuant to sections ~~3722.02~~5119.71 and ~~3722.04~~	110692
5119.73 of the Revised Code;	110693

(11) Measures to be taken by any employee of the state or any	110694
political subdivision of the state authorized by this chapter to	110695
enter an adult care facility to inspect the facility or for any	110696
other purpose, to ensure that the employee respects the privacy	110697
and dignity of residents of the facility, cooperates with	110698
residents of the facility and behaves in a congenial manner toward	110699
them, and protects the rights of residents;	110700

(12) How an owner or manager of an adult care facility is to	110701
comply with section ~~3722.18~~5119.88 of the Revised Code. ~~At a~~	110702
~~minimum, the~~The rules ~~shall~~may establish the procedures an owner	110703
or manager is to follow under division (A) of section ~~3722.18~~	110704
5119.88 of the Revised Code regarding referrals to the facility of	110705
prospective residents with mental illness or severe mental	110706
disability and effective arrangements for ongoing mental health	110707
services for such prospective residents. The procedures may	110708
provide for any of the following:	110709

(a) That the owner or manager and the ADAMHS board serving	110710
the alcohol, drug addiction, and mental health service district in	110711
which the facility is located sign a mental health resident	110712
program participation agreement, as developed by the director of	110713
mental health under section ~~5119.613~~5119.614 of the Revised Code;	110714

(b) That the owner or manager comply with the requirements of	110715
its mental health resident program participation agreement;	110716

(c) That the owner or manager and the mental health agencies	110717
and ADAMHS boards that refer such prospective residents to the	110718
facility develop and sign a mental health plan for ongoing mental	110719
health services for each such prospective resident;	110720

(d) Any other process established by the ~~public health~~	110721
~~council in consultation with the director of health and~~ director	110722
of mental health regarding referrals and effective arrangements	110723
for ongoing mental health services for prospective residents with	110724
mental illness.	110725

(13) Any other rules necessary for the administration and	110726
enforcement of ~~this chapter~~sections 5119.70 to 5119.88 of the	110727
Revised Code.	110728

(B) ~~After consulting with relevant constituencies, the~~	110729
~~director of mental health shall prepare and submit to the director~~	110730
~~of health recommendations for the content of rules to be adopted~~	110731
~~under division (A)(12) of this section.~~	110732

~~(C)~~ The director of mental health shall advise adult care	110733
facilities regarding compliance with the requirements of ~~this~~	110734
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code and with	110735
the rules adopted pursuant to ~~this chapter~~those sections.	110736

~~(D)~~(C) Any duty or responsibility imposed upon the director	110737
of mental health by this chapter may be carried out by ~~an employee~~	110738
~~of the department of health~~persons designated by the director.	110739

~~(E)~~(D) Employees of the department of mental health may	110740
enter, for the purposes of investigation, any institution,	110741
residence, facility, or other structure which has been reported to	110742
the department as, or that the department has reasonable cause to	110743
believe is, operating as an adult care facility without a valid	110744
license.	110745

~~Sec. 3722.11.~~ Sec. 5119.80. The ~~public health council~~department	110746
of mental health shall~~, not later than twelve months after the~~	110747
~~effective date of this section,~~ adopt rules under Chapter 119. of	110748
the Revised Code that set guidelines for classifying violations of	110749
~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code or	110750
rules adopted under itthose sections for the purpose of imposing	110751
civil penalties. The rules shall establish the following	110752
classifications:	110753

(A) Class I violations are conditions or occurrences that	110754
present an immediate and serious threat to the physical or	110755
emotional health, safety, or security of residents of an adult	110756
care facility. Whoever is determined to have committed a class I	110757
violation is subject to a civil penalty of not less than seven	110758
hundred dollars nor more than one thousand dollars for each	110759
violation.	110760

(B) Class II violations are conditions or occurrences, other	110761
than class I violations, that directly threaten the physical or	110762
emotional health, safety, or security of residents of an adult	110763
care facility. Whoever is determined to have committed a class II	110764
violation is subject to a civil penalty of not less than five	110765
hundred dollars nor more than seven hundred dollars for each	110766
violation.	110767

(C) Class III violations are conditions or occurrences, other	110768
than class I or class II violations, that indirectly or	110769
potentially threaten the physical or emotional health, safety, or	110770
security of residents of a facility. Whoever is determined to have	110771
committed a class III violation is subject to a civil penalty of	110772
not less than one hundred dollars nor more than five hundred	110773
dollars for each violation.	110774

~~Sec. 3722.12.~~ Sec. 5119.81. (A) As used in this section:

110775

(1) "Abuse" means the unreasonable confinement or	110776
intimidation of a resident, or the infliction of injury or cruel	110777
punishment upon a resident, resulting in physical harm, pain, or	110778
mental anguish.	110779

(2) "Exploitation" means the unlawful or improper utilization	110780
of an adult resident or ~~his~~the resident's resources for personal	110781
or monetary benefit, profit, or gain.	110782

(3) "Mechanical restraint" means any method of restricting a	110783
resident's freedom of movement, physical activity, or normal use	110784
of the resident's body, using an appliance or device manufactured	110785
for this purpose.	110786

(4) "Neglect" means failure to provide a resident with the	110787
goods or services necessary to prevent physical harm, mental	110788
anguish, or mental illness.	110789

~~(4)~~(5) "Physical restraint," ~~includes, but is not limited to,~~	110790
~~the locked door of a room or any article, device, or garment that~~	110791
~~interferes with the free movement of the resident and that he is~~	110792
~~unable to remove easily~~ also known as "manual restraint," means	110793
any method of physically restricting a resident's freedom of	110794
movement, physical activity, or normal use of the resident's body	110795
without the use of a mechanical restraint.	110796

(6) "Seclusion" means the involuntary confinement of a	110797
resident alone in a room in which the resident is physically	110798
prevented from leaving.	110799

(B) The rights of a resident of an adult care facility	110800
include all of the following:	110801

(1) The right to a safe, healthy, clean, and decent living	110802
environment;	110803

(2) The right to be treated at all times with courtesy and	110804
respect, and with full recognition of personal dignity and	110805
individuality;	110806

(3) The right to practice a religion of ~~his~~the resident's	110807
choice or to abstain from the practice of religion;	110808

(4) The right to manage personal financial affairs;

110809

(5) The right to retain and use personal clothing;

110810

(6) The right to ownership and reasonable use of personal	110811
property so as to maintain personal dignity and individuality;	110812

(7) The right to participate in activities within the	110813
facility and to use the common areas of the facility;	110814

(8) The right to engage in or refrain from engaging in	110815
activities of ~~his~~the resident's own choosing within reason;	110816

(9) The right to private and unrestricted communications,	110817
including:	110818

(a) The right to receive, send, and mail sealed, unopened	110819
correspondence;	110820

(b) The right to reasonable access to a telephone for private	110821
communications;	110822

110823

(10) The right to initiate and maintain contact with the	110824
community, including the right to participate in the activities of	110825
community groups at ~~his~~the resident's initiative or at the	110826
initiative of community groups;	110827

(11) The right to state grievances to the owner or the	110828
manager of the facility, to any governmental agency, or to any	110829
other person without reprisal;	110830

(12) Prior to becoming a resident, the right to visit the	110831
facility alone or with ~~his~~the prospective resident's sponsor;	110832

(13) The right to retain the services of any health or social	110833
services practitioner at ~~his~~the resident's own expense;	110834

(14) The right to refuse medical treatment or services, or if	110835
the resident has been adjudicated incompetent pursuant to Chapter	110836
2111. of the Revised Code and has not been restored to legal	110837
capacity, the right to have ~~his~~the resident's legal guardian make	110838
decisions about medical treatment and services for ~~him~~the	110839
resident;	110840

(15) The right to be free from abuse, neglect, or	110841
exploitation;	110842

(16) The right to be free from seclusion and mechanical and	110843
physical restraints;	110844

(17) The right not to be deprived of any legal rights solely	110845
by reason of residence in an adult care facility;	110846

(18) The right to examine records maintained by the adult	110847
care facility concerning ~~him~~the resident, upon request;	110848

(19) The right to confidential treatment of ~~his~~the	110849
resident's personal records, and the right to approve or refuse	110850
the release of these records to any individual outside the	110851
facility, except upon transfer to another adult care facility or a	110852
nursing home, residential care facility, home for the aging,	110853
hospital, or other health care facility or provider, and except as	110854
required by law or rule or as required by a third-party payment	110855
contract;	110856

(20) The right to be informed in writing of the rates charged	110857
by the facility as well as any additional charges, and to receive	110858
thirty days notice in writing of any change in the rates and	110859
charges;	110860

(21) The right to have any significant change in ~~his~~the	110861
resident's health reported to ~~his~~the resident's sponsor;	110862

(22) The right to share a room with a spouse if both are	110863
residents of the facility.	110864

(C) A sponsor,or the director of mental health~~, the director~~	110865
~~of aging, or a residents' rights advocate registered under section~~	110866
~~3701.07 of the Revised Code~~ may assert on behalf of a resident any	110867
of the rights enumerated under this section, section ~~3722.14~~	110868
5119.83 of the Revised Code, or rules adopted ~~by the public health~~	110869
~~council~~ pursuant to ~~this chapter~~sections 5119.70 to 5119.88 of	110870
the Revised Code. Any attempted waiver of these rights is void. No	110871
adult care facility or person associated with an adult care	110872
facility shall deny a resident any of these rights.	110873

(D) Any resident whose rights under this section or section	110874
~~3722.13~~5119.82 or ~~3722.14~~5119.83 of the Revised Code are	110875
violated has a cause of action against any person or facility	110876
committing the violation. ~~The action may be commenced by the~~	110877
~~resident or by his sponsor on his behalf.~~ The court may award	110878
actual and punitive damages for violation of the rights. The court	110879
may award to the prevailing party reasonable attorney's fees	110880
limited to the work reasonably performed.	110881

~~Sec. 3722.13.~~ Sec. 5119.82. (A) Each adult care facility shall	110882
establish a written residents' rights policy containing the text	110883
of sections ~~3722.12~~5119.81 and ~~3722.14~~5119.83 of the Revised	110884
Code and rules adopted by the ~~public health council~~ pursuant to	110885
~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code, a	110886
discussion of the rights and responsibilities of residents under	110887
~~that section~~sections 5119.81 to 5119.83 of the Revised Code, and	110888
the text of any additional rule for residents promulgated by the	110889
facility. At the time of admission the manager shall give a copy	110890
of the residents' rights policy to the resident and the resident's	110891
sponsor, if any, and explain the contents of the policy to them.	110892
The facility shall establish procedures for facilitating the	110893
residents' exercise of their rights.	110894

(B) Each adult care facility shall post prominently within	110895
the facility a copy of the residents' rights listed in division	110896
(B) of section ~~3722.12~~5119.81 of the Revised Code and any	110897
additional residents' rights established by rules adopted ~~by the~~	110898
~~public health council~~ pursuant to ~~this chapter~~sections 5119.70 to	110899
5119.88 of the Revised Code, the addresses and telephone numbers	110900
of the state long-term care ombudsperson and the regional	110901
long-term care ombudsperson program for the area in which the	110902
facility is located, and the telephone number maintained by the	110903
department ~~of health~~ for accepting complaints.	110904

~~Sec. 3722.14.~~ Sec. 5119.83. (A)(1) Except as provided in division	110905
(A)(2) of this section, an adult care facility may transfer or	110906
discharge a resident, in the absence of a request from the	110907
resident, only for the following reasons:	110908

(a) Charges for the resident's accommodations and services	110909
have not been paid within thirty days after the date on which they	110910
became due;	110911

(b) The mental, emotional, or physical condition of the	110912
resident requires a level of care that the facility is unable to	110913
provide;	110914

(c) The health, safety, or welfare of the resident or of	110915
another resident requires a transfer or discharge;	110916

(d) The facility's license has been revoked or renewal has	110917
been denied ~~pursuant to this chapter~~by the director of mental	110918
health;	110919

(e) The owner closes the facility;

110920

(f) The resident is relocated as the result of a court's	110921
order issued under section ~~3722.09~~5119.78 of the Revised Code as	110922
part of the injunctive relief granted against a facility that is	110923
operating without a license;	110924

(g) The resident is receiving publicly funded mental health	110925
services and the facility's mental health resident program	110926
participation agreement is terminated by the facility or ADAMHS	110927
board.	110928

(2) An adult family home may transfer or discharge a resident	110929
if transfer or discharge is required for the health, safety, or	110930
welfare of an individual who resides in the home but is not a	110931
resident for whom supervision or personal services are provided.	110932

(B)(1) The facility shall give a resident thirty days'	110933
advance notice, in writing, of a proposed transfer or discharge,	110934
except that if the transfer or discharge is for a reason given in	110935
divisions (A)(1)(b) to (g) or (A)(2) of this section and an	110936
emergency exists, the notice need not be given thirty days in	110937
advance. The facility shall state in the written notice the	110938
reasons for the proposed transfer or discharge. If the resident is	110939
entitled to a hearing as specified in division (B)(2) of this	110940
section, the written notice shall outline the procedure for the	110941
resident to follow in requesting a hearing.	110942

(2) A resident may request a hearing if a proposed transfer	110943
or discharge is based on reason given in ~~division~~divisions	110944
(A)(1)(a) to (c) or (A)(2) of this section. If the resident seeks	110945
a hearing, the resident shall submit a request to the director of	110946
mental health not later than ten days after receiving the written	110947
notice. The director shall hold the hearing not later than ten	110948
days after receiving the request. A representative of the director	110949
shall preside over the hearing and shall issue a written	110950
recommendation of action to be taken by the director not later	110951
than three days after the hearing. The director shall issue an	110952
order regarding the transfer or discharge not later than two days	110953
after receipt of the recommendation. The order may prohibit or	110954
place conditions on the discharge or transfer. In the case of a	110955
transfer, the order may require that the transfer be to an	110956
institution or facility specified by the director. The hearing is	110957
not subject to section 121.22 of the Revised Code. The ~~public~~	110958
~~health council~~department of mental health shall adopt rules	110959
governing any additional procedures necessary for conducting the	110960
hearing.	110961

(C)(1) The owner of an adult care facility who is closing the	110962
facility shall inform the director ~~of health~~ in writing at least	110963
thirty days prior to the proposed date of closing. At the same	110964
time, the owner or manager shall inform each resident, the	110965
resident's guardian, the resident's sponsor, or any organization	110966
or agency acting on behalf of the resident, of the closing of the	110967
facility and the date of the closing.	110968

(2) Immediately upon receiving notice that a facility is to	110969
be closed, the director shall monitor the transfer of residents to	110970
other facilities and ensure that residents' rights are protected.	110971
The director shall notify the ombudsperson in the region in which	110972
the facility is located of the closing.	110973

(3) All charges shall be prorated as of the date on which the	110974
facility closes. If payments have been made in advance, the	110975
payments for services not rendered shall be refunded to the	110976
resident or the resident's guardian not later than seven days	110977
after the closing of the facility.	110978

(4) Immediately upon the closing of a facility, the owner	110979
shall surrender the license to the director, and the license shall	110980
be canceled.	110981

~~Sec. 3722.15.~~ Sec. 5119.84. (A) The following may enter an adult	110982
care facility at any time:	110983

(1) Employees designated by the director of mental health;

110984

(2) Employees designated by the director of aging;

110985

(3) Employees designated by the attorney general;

110986

(4) Employees designated by a county department of job and	110987
family services to implement sections 5101.60 to 5101.71 of the	110988
Revised Code;	110989

(5) Persons employed pursuant to division (M) of section	110990
173.01 of the Revised Code in the long-term care ombudsperson	110991
program;	110992

(6) ~~Employees of the department of mental health designated~~	110993
~~by the director of mental health;~~	110994

~~(7)~~ Employees of a mental health agency under any of the	110995
following circumstances:	110996

(a) When the agency has a client residing in the facility;

110997

(b) When the agency is acting as an agent of an ADAMHS board	110998
other than the board with which it is under contract;	110999

(c) When there is a mental health resident program	111000
participation agreement between the facility and the ADAMHS board	111001
with which the agency is under contract.	111002

~~(8)~~(7) Employees of an ADAMHS board under any of the	111003
following circumstances:	111004

(a) When authorized by section 340.05 of the Revised Code;

111005

(b) When a resident of the facility is receiving mental	111006
health services provided by that ADAMHS board or another ADAMHS	111007
board pursuant to division (A)~~(8)~~(7)(b) of section 340.03 of the	111008
Revised Code;	111009

(c) When a resident of the facility is receiving services	111010
from a mental health agency under contract with that ADAMHS board	111011
or another ADAMHS board;	111012

(d) When there is a mental health resident program	111013
participation agreement between the facility and that ADAMHS	111014
board.	111015

The employees specified in divisions (A)(1) to ~~(8)~~(7) of this	111016
section shall be afforded access to all records of the facility,	111017
including records pertaining to residents, and may copy the	111018
records. Neither these employees nor the director of mental health	111019
shall release, without consent, any information obtained from the	111020
records of an adult care facility that reasonably would tend to	111021
identify a specific resident of the facility, except as ordered by	111022
a court of competent jurisdiction or when the release is otherwise	111023
authorized by law.	111024

(B) The following persons may enter any adult care facility	111025
during reasonable hours:	111026

(1) ~~A resident's sponsor;~~

111027

~~(2) Residents' rights advocates;~~

111028

~~(3)~~ A resident's attorney;

111029

~~(4)~~(2) A minister, priest, rabbi, or other person ministering	111030
to a resident's religious needs;	111031

~~(5)~~(3) A physician or other person providing health care	111032
services to a resident;	111033

~~(6)~~(4) Employees authorized by county departments of job and	111034
family services and local boards of health or health departments	111035
to enter adult care facilities;	111036

~~(7)~~(5) A prospective resident ~~and prospective resident's~~	111037
~~sponsor~~.	111038

(C) The manager of an adult care facility may require a	111039
person seeking to enter the facility to present identification	111040
sufficient to identify the person as an authorized person under	111041
this section.	111042

~~Sec. 3722.151.~~ Sec. 5119.85. (A) As used in this section:

111043

(1) "Adult ~~care facility" has the same meaning as in section~~	111044
~~3722.01 of the Revised Code~~resident" means an individual residing	111045
in an adult care facility licensed by the department of mental	111046
health.	111047

(2) "Applicant" means a person who is under final	111048
consideration for employment with an adult care facility in a	111049
full-time, part-time, or temporary position that involves	111050
providing direct care to an ~~older~~ adult resident. "Applicant" does	111051
not include a person who provides direct care as a volunteer	111052
without receiving or expecting to receive any form of remuneration	111053
other than reimbursement for actual expenses.	111054

(3) "Criminal records check" ~~and "older adult" have~~has the	111055
same ~~meanings~~meaning as in section 109.572 of the Revised Code.	111056

(B)(1) Except as provided in division (I) of this section,	111057
the chief administrator of an adult care facility shall request	111058
that the superintendent of the bureau of criminal identification	111059
and investigation conduct a criminal records check with respect to	111060
each applicant. If an applicant for whom a criminal records check	111061
request is required under this division does not present proof of	111062
having been a resident of this state for the five-year period	111063
immediately prior to the date the criminal records check is	111064
requested or provide evidence that within that five-year period	111065
the superintendent has requested information about the applicant	111066
from the federal bureau of investigation in a criminal records	111067
check, the chief administrator shall request that the	111068
superintendent obtain information from the federal bureau of	111069
investigation as part of the criminal records check of the	111070
applicant. Even if an applicant for whom a criminal records check	111071
request is required under this division presents proof of having	111072
been a resident of this state for the five-year period, the chief	111073
administrator may request that the superintendent include	111074
information from the federal bureau of investigation in the	111075
criminal records check.	111076

(2) A person required by division (B)(1) of this section to	111077
request a criminal records check shall do both of the following:	111078

(a) Provide to each applicant for whom a criminal records	111079
check request is required under that division a copy of the form	111080
prescribed pursuant to division (C)(1) of section 109.572 of the	111081
Revised Code and a standard fingerprint impression sheet	111082
prescribed pursuant to division (C)(2) of that section, and obtain	111083
the completed form and impression sheet from the applicant;	111084

(b) Forward the completed form and impression sheet to the	111085
superintendent of the bureau of criminal identification and	111086
investigation.	111087

(3) An applicant provided the form and fingerprint impression	111088
sheet under division (B)(2)(a) of this section who fails to	111089
complete the form or provide fingerprint impressions shall not be	111090
employed in any position for which a criminal records check is	111091
required by this section.	111092

(C)(1) Except as provided in rules adopted by the ~~public~~	111093
~~health council~~department of mental health in accordance with	111094
division (F) of this section and subject to division (C)(2) of	111095
this section, no adult care facility shall employ a person in a	111096
position that involves providing direct care to an ~~older~~ adult	111097
resident if the person has been convicted of or pleaded guilty to	111098
any of the following:	111099

(a) A violation of section 2903.01, 2903.02, 2903.03,	111100
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	111101
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	111102
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	111103
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	111104
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	111105
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	111106
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	111107
2925.22, 2925.23, or 3716.11 of the Revised Code.	111108

(b) A violation of an existing or former law of this state,	111109
any other state, or the United States that is substantially	111110
equivalent to any of the offenses listed in division (C)(1)(a) of	111111
this section.	111112

(2)(a) An adult care facility may employ conditionally an	111113
applicant for whom a criminal records check request is required	111114
under division (B) of this section prior to obtaining the results	111115
of a criminal records check regarding the individual, provided	111116
that the facility shall request a criminal records check regarding	111117
the individual in accordance with division (B)(1) of this section	111118
not later than five business days after the individual begins	111119
conditional employment. In the circumstances described in division	111120
(I)(2) of this section, an adult care facility may employ	111121
conditionally an applicant who has been referred to the adult care	111122
facility by an employment service that supplies full-time,	111123
part-time, or temporary staff for positions involving the direct	111124
care of ~~older adults~~adult residents and for whom, pursuant to	111125
that division, a criminal records check is not required under	111126
division (B) of this section.	111127

(b) An adult care facility that employs an individual	111128
conditionally under authority of division (C)(2)(a) of this	111129
section shall terminate the individual's employment if the results	111130
of the criminal records check requested under division (B) of this	111131
section or described in division (I)(2) of this section, other	111132
than the results of any request for information from the federal	111133
bureau of investigation, are not obtained within the period ending	111134
thirty days after the date the request is made. Regardless of when	111135
the results of the criminal records check are obtained, if the	111136
results indicate that the individual has been convicted of or	111137
pleaded guilty to any of the offenses listed or described in	111138
division (C)(1) of this section, the facility shall terminate the	111139
individual's employment unless the facility chooses to employ the	111140
individual pursuant to division (F) of this section. Termination	111141
of employment under this division shall be considered just cause	111142
for discharge for purposes of division (D)(2) of section 4141.29	111143
of the Revised Code if the individual makes any attempt to deceive	111144
the facility about the individual's criminal record.	111145

(D)(1) Each adult care facility shall pay to the bureau of	111146
criminal identification and investigation the fee prescribed	111147
pursuant to division (C)(3) of section 109.572 of the Revised Code	111148
for each criminal records check conducted pursuant to a request	111149
made under division (B) of this section.	111150

(2) An adult care facility may charge an applicant a fee not	111151
exceeding the amount the facility pays under division (D)(1) of	111152
this section. A facility may collect a fee only if it notifies the	111153
person at the time of initial application for employment of the	111154
amount of the fee and that, unless the fee is paid, the person	111155
will not be considered for employment.	111156

(E) The report of any criminal records check conducted	111157
pursuant to a request made under this section is not a public	111158
record for the purposes of section 149.43 of the Revised Code and	111159
shall not be made available to any person other than the	111160
following:	111161

(1) The individual who is the subject of the criminal records	111162
check or the individual's representative;	111163

(2) The chief administrator of the facility requesting the	111164
criminal records check or the administrator's representative;	111165

(3) The administrator of any other facility, agency, or	111166
program that provides direct care to ~~older adults~~adult residents	111167
that is owned or operated by the same entity that owns or operates	111168
the adult care facility;	111169

(4) A court, hearing officer, or other necessary individual	111170
involved in a case dealing with a denial of employment of the	111171
applicant or dealing with employment or unemployment benefits of	111172
the applicant;	111173

(5) Any person to whom the report is provided pursuant to,	111174
and in accordance with, division (I)(1) or (2) of this section.	111175

(F) The ~~public health council shall~~department may adopt	111176
rules in accordance with Chapter 119. of the Revised Code to	111177
implement this section. The rules ~~shall~~may specify circumstances	111178
under which an adult care facility may employ a person who has	111179
been convicted of or pleaded guilty to an offense listed or	111180
described in division (C)(1) of this section but meets personal	111181
character standards set by the council.	111182

(G) The chief administrator of an adult care facility shall	111183
inform each individual, at the time of initial application for a	111184
position that involves providing direct care to an ~~older~~ adult	111185
resident, that the individual is required to provide a set of	111186
fingerprint impressions and that a criminal records check is	111187
required to be conducted if the individual comes under final	111188
consideration for employment.	111189

(H) In a tort or other civil action for damages that is	111190
brought as the result of an injury, death, or loss to person or	111191
property caused by an individual who an adult care facility	111192
employs in a position that involves providing direct care to ~~older~~	111193
~~adults~~adult residents, all of the following shall apply:	111194

(1) If the facility employed the individual in good faith and	111195
reasonable reliance on the report of a criminal records check	111196
requested under this section, the facility shall not be found	111197
negligent solely because of its reliance on the report, even if	111198
the information in the report is determined later to have been	111199
incomplete or inaccurate;	111200

(2) If the facility employed the individual in good faith on	111201
a conditional basis pursuant to division (C)(2) of this section,	111202
the facility shall not be found negligent solely because it	111203
employed the individual prior to receiving the report of a	111204
criminal records check requested under this section;	111205

(3) If the facility in good faith employed the individual	111206
according to the personal character standards established in rules	111207
adopted under division (F) of this section, the facility shall not	111208
be found negligent solely because the individual prior to being	111209
employed had been convicted of or pleaded guilty to an offense	111210
listed or described in division (C)(1) of this section.	111211

(I)(1) The chief administrator of an adult care facility is	111212
not required to request that the superintendent of the bureau of	111213
criminal identification and investigation conduct a criminal	111214
records check of an applicant if the applicant has been referred	111215
to the facility by an employment service that supplies full-time,	111216
part-time, or temporary staff for positions involving the direct	111217
care of ~~older adults~~adult residents and both of the following	111218
apply:	111219

(a) The chief administrator receives from the employment	111220
service or the applicant a report of the results of a criminal	111221
records check regarding the applicant that has been conducted by	111222
the superintendent within the one-year period immediately	111223
preceding the applicant's referral;	111224

(b) The report of the criminal records check demonstrates	111225
that the person has not been convicted of or pleaded guilty to an	111226
offense listed or described in division (C)(1) of this section, or	111227
the report demonstrates that the person has been convicted of or	111228
pleaded guilty to one or more of those offenses, but the adult	111229
care facility chooses to employ the individual pursuant to	111230
division (F) of this section.	111231

(2) The chief administrator of an adult care facility is not	111232
required to request that the superintendent of the bureau of	111233
criminal identification and investigation conduct a criminal	111234
records check of an applicant and may employ the applicant	111235
conditionally as described in this division, if the applicant has	111236
been referred to the facility by an employment service that	111237
supplies full-time, part-time, or temporary staff for positions	111238
involving the direct care of ~~older adults~~adult residents and if	111239
the chief administrator receives from the employment service or	111240
the applicant a letter from the employment service that is on the	111241
letterhead of the employment service, dated, and signed by a	111242
supervisor or another designated official of the employment	111243
service and that states that the employment service has requested	111244
the superintendent to conduct a criminal records check regarding	111245
the applicant, that the requested criminal records check will	111246
include a determination of whether the applicant has been	111247
convicted of or pleaded guilty to any offense listed or described	111248
in division (C)(1) of this section, that, as of the date set forth	111249
on the letter, the employment service had not received the results	111250
of the criminal records check, and that, when the employment	111251
service receives the results of the criminal records check, it	111252
promptly will send a copy of the results to the adult care	111253
facility. If an adult care facility employs an applicant	111254
conditionally in accordance with this division, the employment	111255
service, upon its receipt of the results of the criminal records	111256
check, promptly shall send a copy of the results to the adult care	111257
facility, and division (C)(2)(b) of this section applies regarding	111258
the conditional employment.	111259

~~Sec. 3722.16.~~ Sec. 5119.86. (A) No person shall:

111260

(1) Operate an adult care facility unless the facility is	111261
validly licensed by the director of mental health under section	111262
~~3722.04~~5119.73 of the Revised Code;	111263

(2) Admit to an adult care facility more residents than the	111264
number authorized in the facility's license;	111265

(3) Admit a resident to an adult care facility after the	111266
director has issued an order pursuant to section ~~3722.07~~5119.76	111267
of the Revised Code suspending admissions to the facility.	111268
Violation of division (A)(3) of this section is cause for	111269
revocation of the facility's license.	111270

(4) Interfere with any authorized inspection of an adult care	111271
facility conducted pursuant to section ~~3722.02~~5119.71 or ~~3722.04~~	111272
5119.73 of the Revised Code;	111273

(5) Admit to an adult care facility a resident requiring	111274
publicly funded mental health services, unless both of the	111275
following conditions are met:	111276

(a) The ADAMHS board serving the alcohol, drug addiction, and	111277
mental health service district in which the facility is located is	111278
notified;	111279

(b) The facility and ADAMHS board have entered into a mental	111280
health resident program participation agreement by using the	111281
standardized form approved by the director of mental health under	111282
section ~~5119.613~~5119.614 of the Revised Code.	111283

(6) Violate any of the provisions of ~~this chapter~~sections	111284
5119.70 to 5119.88 of the Revised Code or any of the rules adopted	111285
pursuant to itthose sections.	111286

(B) No adult care facility shall provide, or admit or retain	111287
any resident in need of, skilled nursing care unless all of the	111288
following conditions are met:	111289

(1) The care will be provided on a part-time, intermittent	111290
basis for not more than a total of one hundred twenty days in any	111291
twelve-month period.	111292

(2) The care will be provided by one or more of the	111293
following:	111294

(a) A home health agency certified under Title XVIII of the	111295
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	111296
amended;	111297

(b) A hospice care program licensed under Chapter 3712. of	111298
the Revised Code;	111299

(c) A nursing home licensed under Chapter 3721. of the	111300
Revised Code and owned and operated by the same person and located	111301
on the same site as the adult care facility;	111302

(d) A mental health agency or, pursuant to division	111303
(A)~~(8)~~(7)(b) of section 340.03 of the Revised Code, an ADAMHS	111304
board.	111305

(3) Each individual employed by, under contract with, or	111306
otherwise used by any of the entities specified in division (B)(2)	111307
of this section to perform the skilled nursing care is authorized	111308
under the laws of this state to perform the care by being	111309
appropriately licensed, as specified in rules adopted under	111310
division (G) of this section.	111311

(4) The staff of the one or more entities providing the	111312
skilled nursing care does not train the adult care facility staff	111313
to provide the skilled nursing care;	111314

(5) The individual to whom the skilled nursing care is	111315
provided is suffering from a short-term illness;	111316

(6) If the skilled nursing care is to be provided by the	111317
nursing staff of a nursing home, all of the following are the	111318
case:	111319

(a) The adult care facility evaluates the individual	111320
receiving the skilled nursing care at least once every seven days	111321
to determine whether the individual should be transferred to a	111322
nursing home;	111323

(b) The adult care facility meets at all times staffing	111324
requirements established by rules adopted under section ~~3722.10~~	111325
5119.79 of the Revised Code;	111326

(c) The nursing home does not include the cost of providing	111327
skilled nursing care to the adult care facility residents in a	111328
cost report filed under section 5111.26 of the Revised Code;	111329

(d) The nursing home meets at all times the nursing home	111330
licensure staffing ratios established by rules adopted under	111331
section 3721.04 of the Revised Code;	111332

(e) The nursing home staff providing skilled nursing care to	111333
adult care facility residents are registered nurses or licensed	111334
practical nurses licensed under Chapter 4723. of the Revised Code	111335
and meet the personnel qualifications for nursing home staff	111336
established by rules adopted under section 3721.04 of the Revised	111337
Code;	111338

(f) The skilled nursing care is provided in accordance with	111339
rules established for nursing homes under section 3721.04 of the	111340
Revised Code;	111341

(g) The nursing home meets the skilled nursing care needs of	111342
the adult care facility residents;	111343

(h) Using the nursing home's nursing staff does not prevent	111344
the nursing home or adult care facility from meeting the needs of	111345
the nursing home and adult care facility residents in a quality	111346
and timely manner.	111347

(7) No adult care facility staff shall provide skilled	111348
nursing care.	111349

Notwithstanding section 3721.01 of the Revised Code, an adult	111350
care facility in which residents receive skilled nursing care as	111351
described in division (B) of this section is not a nursing home.	111352

(C) A home health agency or hospice care program that	111353
provides skilled nursing care pursuant to division (B) of this	111354
section may not be associated with the adult care facility unless	111355
the facility is part of a home for the aged as defined in section	111356
5701.13 of the Revised Code or the adult care facility is owned	111357
and operated by the same person and located on the same site as a	111358
nursing home licensed under Chapter 3721. of the Revised Code that	111359
is associated with the home health agency or hospice care program.	111360
In addition, the following requirements shall be met:	111361

(1) The adult care facility shall evaluate the individual	111362
receiving the skilled nursing care not less than once every seven	111363
days to determine whether the individual should be transferred to	111364
a nursing home;	111365

(2) If the costs of providing the skilled nursing care are	111366
included in a cost report filed pursuant to section 5111.26 of the	111367
Revised Code by the nursing home that is part of the same home for	111368
the aged, the home health agency or hospice care program shall not	111369
seek reimbursement for the care under the medical assistance	111370
program established under Chapter 5111. of the Revised Code.	111371

(D) No person knowingly shall place or recommend placement of	111372
any person in an adult care facility that is operating without a	111373
license.	111374

(E) No employee of a unit of local or state government,	111375
ADAMHS board, mental health agency, or ~~PASSPORT~~RSS administrative	111376
agency shall place or recommend placement of any person in an	111377
adult care facility if the employee knows any of the following:	111378

(1) That the facility cannot meet the needs of the potential	111379
resident;	111380

(2) That placement of the resident would cause the facility	111381
to exceed its licensed capacity;	111382

(3) That an enforcement action initiated by the director of	111383
mental health is pending and may result in the revocation of or	111384
refusal to renew the facility's license;	111385

(4) That the potential resident is receiving or is eligible	111386
for publicly funded mental health services and the facility has	111387
not entered into a mental health resident program participation	111388
agreement.	111389

(F) No person who has reason to believe that an adult care	111390
facility is operating without a license shall fail to report this	111391
information to the director of mental health.	111392

(G) In accordance with Chapter 119. of the Revised Code, the	111393
~~public health council~~department of mental health shall adopt	111394
rules for purposes of division (B) of this section that do all of	111395
the following:	111396

(1) Define a short-term illness for purposes of division	111397
(B)(5) of this section;	111398

(2) Specify, consistent with rules pertaining to home health	111399
care adopted by the director of job and family services under the	111400
medical assistance program established under Chapter 5111. of the	111401
Revised Code and Title XIX of the "Social Security Act," 49 Stat.	111402
620 (1935), 42 U.S.C. 301, as amended, what constitutes a	111403
part-time, intermittent basis for purposes of division (B)(1) of	111404
this section;	111405

(3) Specify what constitutes being appropriately licensed for	111406
purposes of division (B)(3) of this section.	111407

~~Sec. 3722.17.~~ Sec. 5119.87. (A) Any person who believes that an	111408
adult care facility is in violation of ~~this chapter~~sections	111409
5119.70 to 5119.88 of the Revised Code or of any of the rules	111410
~~promulgated~~adopted pursuant to itthose sections may report the	111411
information to the director of mental health. The director shall	111412
investigate each report made under this section or section ~~3722.16~~	111413
5119.86 of the Revised Code and shall inform the facility of the	111414
results of the investigation. When investigating a report made	111415
pursuant to section 340.05 of the Revised Code, the director shall	111416
consult with the ADAMHS board that made the report. The director	111417
shall keep a record of the investigation and the action taken as a	111418
result of the investigation.	111419

The director shall not reveal, without consent, the identity	111420
of a person who makes a report under this section or division (G)	111421
of section ~~3722.16~~5119.86 of the Revised Code, the identity of a	111422
specific resident or residents referred to in such a report, or	111423
any other information that could reasonably be expected to reveal	111424
the identity of the person making the report or the resident or	111425
residents referred to in the report, except that the director may	111426
provide this information to a government agency responsible for	111427
enforcing laws applying to adult care facilities.	111428

(B) Any person who believes that a resident's rights under	111429
sections ~~3722.12~~5119.81 to ~~3722.15~~5119.84 of the Revised Code	111430
have been violated may report the information to the state	111431
long-term care ombudsperson, the regional long-term care	111432
ombudsperson program for the area in which the facility is	111433
located, or the director of mental health. If the person believes	111434
that the resident has mental illness or severe mental disability	111435
and is suffering abuse or neglect, the person may report the	111436
information to the ADAMHS board serving the alcohol, drug	111437
addiction, and mental health service district in which the adult	111438
care facility is located or a mental health agency under contract	111439
with the board in addition to or instead of the ombudsperson,	111440
regional program, or director.	111441

(C) Any person who makes a report pursuant to division (A) or	111442
(B) of this section or division (G) of section ~~3722.16~~5119.86 of	111443
the Revised Code or any person who participates in an	111444
administrative or judicial proceeding resulting from such a report	111445
is immune from any civil liability or criminal liability, other	111446
than perjury, that might otherwise be incurred or imposed as a	111447
result of these actions, unless the person has acted in bad faith	111448
or with malicious purpose.	111449

~~Sec. 3722.18.~~ Sec. 5119.88. Before an adult care facility admits a	111450
prospective resident who the owner or manager of the facility	111451
knows has been assessed as having a mental illness or severe	111452
mental disability, the owner or manager is subject to both of the	111453
following:	111454

(A) If the prospective resident is referred to the facility	111455
by a mental health agency or ADAMHS board, the owner or manager	111456
shall follow procedures established in rules adopted under	111457
division (A)(12) of section ~~3722.10~~5119.79 of the Revised Code	111458
regarding referrals and effective arrangements for ongoing mental	111459
health services.	111460

(B) If the prospective resident is not referred to the	111461
facility by a mental health agency or ADAMHS board, the owner or	111462
manager shall offer to assist the prospective resident in	111463
obtaining appropriate mental health services and document the	111464
offer of assistance in accordance with rules adopted under	111465
division (A)(12) of section ~~3722.10~~5119.79 of the Revised Code.	111466

Sec. 5119.99. (A) Whoever violates section 5119.21 of the	111467
Revised Code is guilty of a misdemeanor of the first degree.	111468

(B) Whoever violates division (A)(1) of section 5119.86 of	111469
the Revised Code shall be fined two thousand dollars for a first	111470
offense; for each subsequent offense, such person shall be fined	111471
five thousand dollars.	111472

(C) Whoever violates division (C) of section 5119.81 or	111473
division (A)(2), (3), (4), (5), or (6), (B), (C), (D), (E), or (F)	111474
of section 5119.86 of the Revised Code shall be fined five hundred	111475
dollars for a first offense; for each subsequent offense, such	111476
person shall be fined one thousand dollars.	111477

Sec. 5120.092. There is hereby created in the state treasury	111478
the adult and juvenile correctional facilities bond retirement	111479
fund. The fund shall receive proceeds derived from the sale of	111480
state adult or juvenile correctional facilities. Investment income	111481
with respect to moneys on deposit in the fund shall be retained by	111482
the fund. No investment of moneys in, or transfer of moneys from,	111483
the fund shall be made if the effect of the investment or transfer	111484
would be to adversely affect the exclusion from gross income of	111485
the interest payable on state bonds issued for state adult or	111486
juvenile correctional facilities that have been sold under	111487
authority of Section 753.10 of the act in which this section was	111488
enacted. To the extent necessary to maintain the exclusion from	111489
gross income of the interest payable on those bonds, moneys in the	111490
fund shall first be used to redeem or defease the outstanding	111491
portion of such bonds. To accomplish the redemption or defeasance,	111492
the director of budget and management, at the request of the Ohio	111493
building authority, may direct that moneys in the fund be	111494
transferred to the appropriate trustees under the applicable bond	111495
trust agreements. Upon receipt of both (i) one or more opinions of	111496
a nationally recognized bond counsel firm appointed by the Ohio	111497
building authority stating that the aforementioned bonds have been	111498
redeemed or defeased and that the transfer of such moneys will not	111499
adversely affect the exclusion from gross income of the interest	111500
payable on such bonds, and (ii) a certification by both the	111501
director of administrative services and the director of	111502
rehabilitation and correction stating either that all sales of	111503
state adult and juvenile correctional facilities contemplated by	111504
Section 753.10 of the act in which this section was enacted have	111505
been completed or that no further sales of any such facilities	111506
will be undertaken, the director of budget and management may	111507
direct that any moneys remaining in the fund after the redemption	111508
or defeasance of the aforementioned bonds shall be transferred to	111509
the general revenue fund. Upon completion of that transfer, the	111510
adult and juvenile correctional facilities bond retirement fund	111511
shall be abolished.	111512

Sec. 5120.105. (A) The department of administrative services	111513
shall provide for the construction of a halfway house facility in	111514
conformity with Chapter 153. of the Revised Code, except that	111515
construction services may be provided by the department of	111516
rehabilitation and correction.	111517

(B) The director of rehabilitation and correction may enter	111518
into an agreement with a halfway house organization for the	111519
management of a halfway house facility. The halfway house	111520
organization that occupies, will occupy, or is responsible for the	111521
management of a halfway house facility shall pay the costs of	111522
management of and general building services for the halfway house	111523
facility as provided in an agreement between the department of	111524
rehabilitation and correction and the halfway house organization.	111525

(C) No state funds, including state bond proceeds, shall be	111526
spent on the construction of a halfway house facility under	111527
sections 5120.102 to 5120.105 of the Revised Code, unless the	111528
general assembly has specifically authorized the spending of money	111529
on, or has made an appropriation to the department of	111530
rehabilitation and correction for, the construction of the halfway	111531
house facility or rental payments relating to the financing of the	111532
construction of that facility. An authorization to spend money or	111533
an appropriation for planning a halfway house facility does not	111534
constitute an authorization to spend money on, or an appropriation	111535
for, the construction of that facility. Capital funds for the	111536
construction of halfway house facilities under sections 5120.102	111537
to 5120.105 of the Revised Code shall be paid from the adult	111538
correctional building fund created ~~by the general assembly in the~~	111539
~~custody of the state treasurer~~in division (F) of section 154.24	111540
of the Revised Code.	111541

Sec. 5120.135. (A) As used in this section, "laboratory	111542
services" includes the performance of medical laboratory analysis;	111543
professional laboratory and pathologist consultation; the	111544
procurement, storage, and distribution of laboratory supplies; and	111545
the performance of phlebotomy services.	111546

(B) The department of rehabilitation and correction ~~shall~~may	111547
provide laboratory services to the departments of mental health,	111548
developmental disabilities, youth services, and rehabilitation and	111549
correction. The department of rehabilitation and correction may	111550
also provide laboratory services to other state, county, or	111551
municipal agencies and to private persons that request laboratory	111552
services if the department of rehabilitation and correction	111553
determines that the provision of laboratory services is in the	111554
public interest and considers it advisable to provide such	111555
services. The department of rehabilitation and correction may also	111556
provide laboratory services to agencies operated by the United	111557
States government and to public and private entities funded in	111558
whole or in part by the state if the director of rehabilitation	111559
and correction designates them as eligible to receive such	111560
services.	111561

The department of rehabilitation and correction shall provide	111562
laboratory services from a laboratory that complies with the	111563
standards for certification set by the United States department of	111564
health and human services under the "Clinical Laboratory	111565
Improvement Amendments of 1988," 102 Stat. 293, 42 U.S.C.A. 263a.	111566
In addition, the laboratory shall maintain accreditation or	111567
certification with an appropriate accrediting or certifying	111568
organization as considered necessary by the recipients of its	111569
laboratory services and as authorized by the director of	111570
rehabilitation and correction.	111571

(C) The cost of administering this section shall be	111572
determined by the department of rehabilitation and correction and	111573
shall be paid by entities that receive laboratory services to the	111574
department for deposit in the state treasury to the credit of the	111575
laboratory services fund, which is hereby created. The fund shall	111576
be used to pay the costs the department incurs in administering	111577
this section.	111578

(D) ~~If the department of rehabilitation and correction does~~	111579
~~not provide laboratory services under this section in a~~	111580
~~satisfactory manner to the department of developmental~~	111581
~~disabilities, youth services, or mental health, the director of~~	111582
~~developmental disabilities, youth services, or mental health shall~~	111583
~~attempt to resolve the matter of the unsatisfactory provision of~~	111584
~~services with the director of rehabilitation and correction. If,~~	111585
~~after this attempt, the provision of laboratory services continues~~	111586
~~to be unsatisfactory, the director of developmental disabilities,~~	111587
~~youth services, or mental health shall notify the director of~~	111588
~~rehabilitation and correction regarding the continued~~	111589
~~unsatisfactory provision of laboratory services. If, within thirty~~	111590
~~days after the director receives this notice, the department of~~	111591
~~rehabilitation and correction does not provide the specified~~	111592
~~laboratory services in a satisfactory manner, the director of~~	111593
~~developmental disabilities, youth services, or mental health shall~~	111594
~~notify the director of rehabilitation and correction of the~~	111595
~~notifying director's intent to cease obtaining laboratory services~~	111596
~~from the department of rehabilitation and correction. Following~~	111597
~~the end of a cancellation period of sixty days that begins on the~~	111598
~~date of the notice, the department that sent the notice may obtain~~	111599
~~laboratory services from a provider other than the department of~~	111600
~~rehabilitation and correction, if the department that sent the~~	111601
~~notice certifies to the department of administrative services that~~	111602
~~the requirements of this division have been met.~~	111603

~~(E)~~ Whenever a state agency fails to make a payment for	111604
laboratory services provided to it by the department of	111605
rehabilitation and correction under this section within thirty-one	111606
days after the date the payment was due, the office of budget and	111607
management may transfer moneys from that state agency to the	111608
department of rehabilitation and correction for deposit to the	111609
credit of the laboratory services fund. The amount transferred	111610
shall not exceed the amount of the overdue payments. Prior to	111611
making a transfer under this division, the office shall apply any	111612
credits the state agency has accumulated in payment for laboratory	111613
services provided under this section.	111614

Sec. 5120.17. (A) As used in this section:

111615

(1) "Mental illness" means a substantial disorder of thought,	111616
mood, perception, orientation, or memory that grossly impairs	111617
judgment, behavior, capacity to recognize reality, or ability to	111618
meet the ordinary demands of life.	111619

(2) "Mentally ill person subject to hospitalization" means a	111620
mentally ill person to whom any of the following applies because	111621
of the person's mental illness:	111622

(a) The person represents a substantial risk of physical harm	111623
to the person as manifested by evidence of threats of, or attempts	111624
at, suicide or serious self-inflicted bodily harm.	111625

(b) The person represents a substantial risk of physical harm	111626
to others as manifested by evidence of recent homicidal or other	111627
violent behavior, evidence of recent threats that place another in	111628
reasonable fear of violent behavior and serious physical harm, or	111629
other evidence of present dangerousness.	111630

(c) The person represents a substantial and immediate risk of	111631
serious physical impairment or injury to the person as manifested	111632
by evidence that the person is unable to provide for and is not	111633
providing for the person's basic physical needs because of the	111634
person's mental illness and that appropriate provision for those	111635
needs cannot be made immediately available in the correctional	111636
institution in which the inmate is currently housed.	111637

(d) The person would benefit from treatment in a hospital for	111638
the person's mental illness and is in need of treatment in a	111639
hospital as manifested by evidence of behavior that creates a	111640
grave and imminent risk to substantial rights of others or the	111641
person.	111642

(3) "Psychiatric hospital" means all or part of a facility	111643
that is operated and managed by the department of ~~rehabilitation~~	111644
~~and correction, is designated as a psychiatric hospital~~mental	111645
health to provide psychiatric hospitalization services in	111646
accordance with the requirements of this section pursuant to an	111647
agreement between the directors of rehabilitation and correction	111648
and mental health or, is licensed by the department of mental	111649
health pursuant to section 5119.20 of the Revised Code,as a	111650
psychiatric hospital and is ~~in substantial compliance with the~~	111651
~~standards set by the joint commission on accreditation of~~	111652
~~healthcare organizations~~accredited by a healthcare accrediting	111653
organization approved by the department of mental health and the	111654
psychiatric hospital is any of the following:	111655

(a) Operated and managed by the department of rehabilitation	111656
and correction within a facility that is operated by the	111657
department of rehabilitation and correction;	111658

(b) Operated and managed by a contractor for the department	111659
of rehabilitation and correction within a facility that is	111660
operated by the department of rehabilitation and correction;	111661

(c) Operated and managed in the community by an entity that	111662
has contracted with the department of rehabilitation and	111663
correction to provide psychiatric hospitalization services in	111664
accordance with the requirements of this section.	111665

(4) "Inmate patient" means an inmate who is admitted to a	111666
psychiatric hospital.	111667

(5) "Admitted" to a psychiatric hospital means being accepted	111668
for and staying at least one night at the psychiatric hospital.	111669

(6) "Treatment plan" means a written statement of reasonable	111670
objectives and goals for an inmate patient that is based on the	111671
needs of the inmate patient and that is established by the	111672
treatment team, with the active participation of the inmate	111673
patient and with documentation of that participation. "Treatment	111674
plan" includes all of the following:	111675

(a) The specific criteria to be used in evaluating progress	111676
toward achieving the objectives and goals;	111677

(b) The services to be provided to the inmate patient during	111678
the inmate patient's hospitalization;	111679

(c) The services to be provided to the inmate patient after	111680
discharge from the hospital, including, but not limited to,	111681
housing and mental health services provided at the state	111682
correctional institution to which the inmate patient returns after	111683
discharge or community mental health services.	111684

(7) "Mentally retarded person subject to institutionalization	111685
by court order" has the same meaning as in section 5123.01 of the	111686
Revised Code.	111687

(8) "Emergency transfer" means the transfer of a mentally ill	111688
inmate to a psychiatric hospital when the inmate presents an	111689
immediate danger to self or others and requires hospital-level	111690
care.	111691

(9) "Uncontested transfer" means the transfer of a mentally	111692
ill inmate to a psychiatric hospital when the inmate has the	111693
mental capacity to, and has waived, the hearing required by	111694
division (B) of this section.	111695

(10)(a) "Independent decision-maker" means a person who is	111696
employed or retained by the department of rehabilitation and	111697
correction and is appointed by the chief or chief clinical officer	111698
of mental health services as a hospitalization hearing officer to	111699
conduct due process hearings.	111700

(b) An independent decision-maker who presides over any	111701
hearing or issues any order pursuant to this section shall be a	111702
psychiatrist, psychologist, or attorney, shall not be specifically	111703
associated with the institution in which the inmate who is the	111704
subject of the hearing or order resides at the time of the hearing	111705
or order, and previously shall not have had any treatment	111706
relationship with nor have represented in any legal proceeding the	111707
inmate who is the subject of the order.	111708

(B)(1) Except as provided in division (C) of this section, if	111709
the warden of a state correctional institution or the warden's	111710
designee believes that an inmate should be transferred from the	111711
institution to a psychiatric hospital, the department shall hold a	111712
hearing to determine whether the inmate is a mentally ill person	111713
subject to hospitalization. The department shall conduct the	111714
hearing at the state correctional institution in which the inmate	111715
is confined, and the department shall provide qualified	111716
independent assistance to the inmate for the hearing. An	111717
independent decision-maker provided by the department shall	111718
preside at the hearing and determine whether the inmate is a	111719
mentally ill person subject to hospitalization.	111720

(2) Except as provided in division (C) of this section, prior	111721
to the hearing held pursuant to division (B)(1) of this section,	111722
the warden or the warden's designee shall give written notice to	111723
the inmate that the department is considering transferring the	111724
inmate to a psychiatric hospital, that it will hold a hearing on	111725
the proposed transfer at which the inmate may be present, that at	111726
the hearing the inmate has the rights described in division (B)(3)	111727
of this section, and that the department will provide qualified	111728
independent assistance to the inmate with respect to the hearing.	111729
The department shall not hold the hearing until the inmate has	111730
received written notice of the proposed transfer and has had	111731
sufficient time to consult with the person appointed by the	111732
department to provide assistance to the inmate and to prepare for	111733
a presentation at the hearing.	111734

(3) At the hearing held pursuant to division (B)(1) of this	111735
section, the department shall disclose to the inmate the evidence	111736
that it relies upon for the transfer and shall give the inmate an	111737
opportunity to be heard. Unless the independent decision-maker	111738
finds good cause for not permitting it, the inmate may present	111739
documentary evidence and the testimony of witnesses at the hearing	111740
and may confront and cross-examine witnesses called by the	111741
department.	111742

(4) If the independent decision-maker does not find clear and	111743
convincing evidence that the inmate is a mentally ill person	111744
subject to hospitalization, the department shall not transfer the	111745
inmate to a psychiatric hospital but shall continue to confine the	111746
inmate in the same state correctional institution or in another	111747
state correctional institution that the department considers	111748
appropriate. If the independent decision-maker finds clear and	111749
convincing evidence that the inmate is a mentally ill person	111750
subject to hospitalization, the decision-maker shall order that	111751
the inmate be transported to a psychiatric hospital for	111752
observation and treatment for a period of not longer than thirty	111753
days. After the hearing, the independent decision-maker shall	111754
submit to the department a written decision that states one of the	111755
findings described in division (B)(4) of this section, the	111756
evidence that the decision-maker relied on in reaching that	111757
conclusion, and, if the decision is that the inmate should be	111758
transferred, the reasons for the transfer.	111759

(C)(1) The department may transfer an inmate to a psychiatric	111760
hospital under an emergency transfer order if the chief clinical	111761
officer of mental health services of the department or that	111762
officer's designee and either a psychiatrist employed or retained	111763
by the department or, in the absence of a psychiatrist, a	111764
psychologist employed or retained by the department determines	111765
that the inmate is mentally ill, presents an immediate danger to	111766
self or others, and requires hospital-level care.	111767

(2) The department may transfer an inmate to a psychiatric	111768
hospital under an uncontested transfer order if both of the	111769
following apply:	111770

(a) A psychiatrist employed or retained by the department	111771
determines all of the following apply:	111772

(i) The inmate has a mental illness or is a mentally ill	111773
person subject to hospitalization.	111774

(ii) The inmate requires hospital care to address the mental	111775
illness.	111776

(iii) The inmate has the mental capacity to make a reasoned	111777
choice regarding the inmate's transfer to a hospital.	111778

(b) The inmate agrees to a transfer to a hospital.

111779

(3) The written notice and the hearing required under	111780
divisions (B)(1) and (2) of this section are not required for an	111781
emergency transfer or uncontested transfer under division (C)(1)	111782
or (2) of this section.	111783

(4) After an emergency transfer under division (C)(1) of this	111784
section, the department shall hold a hearing for continued	111785
hospitalization within five working days after admission of the	111786
transferred inmate to the psychiatric hospital. The department	111787
shall hold subsequent hearings pursuant to division (F) of this	111788
section at the same intervals as required for inmate patients who	111789
are transported to a psychiatric hospital under division (B)(4) of	111790
this section.	111791

(5) After an uncontested transfer under division (C)(2) of	111792
this section, the inmate may withdraw consent to the transfer in	111793
writing at any time. Upon the inmate's withdrawal of consent, the	111794
hospital shall discharge the inmate, or, within five working days,	111795
the department shall hold a hearing for continued hospitalization.	111796
The department shall hold subsequent hearings pursuant to division	111797
(F) of this section at the same time intervals as required for	111798
inmate patients who are transported to a psychiatric hospital	111799
under division (B)(4) of this section.	111800

(D)(1) If an independent decision-maker, pursuant to division	111801
(B)(4) of this section, orders an inmate transported to a	111802
psychiatric hospital or if an inmate is transferred pursuant to	111803
division (C)(1) or (2) of this section, the staff of the	111804
psychiatric hospital shall examine the inmate patient when	111805
admitted to the psychiatric hospital as soon as practicable after	111806
the inmate patient arrives at the hospital and no later than	111807
twenty-four hours after the time of arrival. The attending	111808
physician responsible for the inmate patient's care shall give the	111809
inmate patient all information necessary to enable the patient to	111810
give a fully informed, intelligent, and knowing consent to the	111811
treatment the inmate patient will receive in the hospital. The	111812
attending physician shall tell the inmate patient the expected	111813
physical and medical consequences of any proposed treatment and	111814
shall give the inmate patient the opportunity to consult with	111815
another psychiatrist at the hospital and with the inmate advisor.	111816

(2) No inmate patient who is transported or transferred	111817
pursuant to division (B)(4) or (C)(1) or (2) of this section to a	111818
psychiatric hospital ~~pursuant to division (B)(4) or (C)(1) or (2)~~	111819
~~of this section and who is in the physical custody of~~within a	111820
facility that is operated by the department of rehabilitation and	111821
correction shall be subjected to any of the following procedures:	111822

(a) Convulsive therapy;

111823

(b) Major aversive interventions;

111824

111825

(d) Psychosurgery.

111826

(E) The ~~warden of the psychiatric hospital or the warden's~~	111827
~~designee~~department of rehabilitation and correction shall ensure	111828
that an inmate patient hospitalized pursuant to this section	111829
receives or has all of the following:	111830

(1) Receives sufficient professional care within twenty days	111831
of admission to ensure that an evaluation of the inmate patient's	111832
current status, differential diagnosis, probable prognosis, and	111833
description of the current treatment plan have been formulated and	111834
are stated on the inmate patient's official chart;	111835

(2) Has a written treatment plan consistent with the	111836
evaluation, diagnosis, prognosis, and goals of treatment;	111837

(3) Receives treatment consistent with the treatment plan;

111838

(4) Receives periodic reevaluations of the treatment plan by	111839
the professional staff at intervals not to exceed thirty days;	111840

(5) Is provided with adequate medical treatment for physical	111841
disease or injury;	111842

(6) Receives humane care and treatment, including, without	111843
being limited to, the following:	111844

(a) Access to the facilities and personnel required by the	111845
treatment plan;	111846

(b) A humane psychological and physical environment;

111847

(c) The right to obtain current information concerning the	111848
treatment program, the expected outcomes of treatment, and the	111849
expectations for the inmate patient's participation in the	111850
treatment program in terms that the inmate patient reasonably can	111851
understand;	111852

(d) Opportunity for participation in programs designed to	111853
help the inmate patient acquire the skills needed to work toward	111854
discharge from the psychiatric hospital;	111855

(e) The right to be free from unnecessary or excessive	111856
medication and from unnecessary restraints or isolation;	111857

(f) All other rights afforded inmates in the custody of the	111858
department consistent with rules, policy, and procedure of the	111859
department.	111860

(F) The department shall hold a hearing for the continued	111861
hospitalization of an inmate patient who is transported or	111862
transferred to a psychiatric hospital pursuant to division (B)(4)	111863
or (C)(1) of this section prior to the expiration of the initial	111864
thirty-day period of hospitalization. The department shall hold	111865
any subsequent hearings, if necessary, not later than ninety days	111866
after the first thirty-day hearing and then not later than each	111867
one hundred and eighty days after the immediately prior hearing.	111868
An independent decision-maker shall conduct the hearings at the	111869
psychiatric hospital in which the inmate patient is confined. The	111870
inmate patient shall be afforded all of the rights set forth in	111871
this section for the hearing prior to transfer to the psychiatric	111872
hospital. The department may not waive a hearing for continued	111873
commitment. A hearing for continued commitment is mandatory for an	111874
inmate patient transported or transferred to a psychiatric	111875
hospital pursuant to division (B)(4) or (C)(1) of this section	111876
unless the inmate patient has the capacity to make a reasoned	111877
choice to execute a waiver and waives the hearing in writing. An	111878
inmate patient who is transferred to a psychiatric hospital	111879
pursuant to an uncontested transfer under division (C)(2) of this	111880
section and who has scheduled hearings after withdrawal of consent	111881
for hospitalization may waive any of the scheduled hearings if the	111882
inmate has the capacity to make a reasoned choice and executes a	111883
written waiver of the hearing.	111884

If upon completion of the hearing the independent	111885
decision-maker does not find by clear and convincing evidence that	111886
the inmate patient is a mentally ill person subject to	111887
hospitalization, the independent decision-maker shall order the	111888
inmate patient's discharge from the psychiatric hospital. If the	111889
independent decision-maker finds by clear and convincing evidence	111890
that the inmate patient is a mentally ill person subject to	111891
hospitalization, the independent decision-maker shall order that	111892
the inmate patient remain at the psychiatric hospital for	111893
continued hospitalization until the next required hearing.	111894

If at any time prior to the next required hearing for	111895
continued hospitalization, the medical director of the hospital or	111896
the attending physician determines that the treatment needs of the	111897
inmate patient could be met equally well in an available and	111898
appropriate less restrictive state correctional institution or	111899
unit, the medical director or attending physician may discharge	111900
the inmate to that facility.	111901

(G) An inmate patient is entitled to the credits toward the	111902
reduction of the inmate patient's stated prison term pursuant to	111903
Chapters 2967. and 5120. of the Revised Code under the same terms	111904
and conditions as if the inmate patient were in any other	111905
institution of the department of rehabilitation and correction.	111906

(H) The adult parole authority may place an inmate patient on	111907
parole or under post-release control directly from a psychiatric	111908
hospital.	111909

(I) If an inmate patient who is a mentally ill person subject	111910
to hospitalization is to be released from a psychiatric hospital	111911
because of the expiration of the inmate patient's stated prison	111912
term, the ~~warden of the psychiatric hospital~~director of	111913
rehabilitation and correction or the director's designee, at least	111914
fourteen days before the expiration date, may file an affidavit	111915
under section 5122.11 or 5123.71 of the Revised Code with the	111916
probate court in the county where the psychiatric hospital is	111917
located or the probate court in the county where the inmate will	111918
reside, alleging that the inmate patient is a mentally ill person	111919
subject to hospitalization by court order or a mentally retarded	111920
person subject to institutionalization by court order, whichever	111921
is applicable. The proceedings in the probate court shall be	111922
conducted pursuant to Chapter 5122. or 5123. of the Revised Code	111923
except as modified by this division.	111924

Upon the request of the inmate patient, the probate court	111925
shall grant the inmate patient an initial hearing under section	111926
5122.141 of the Revised Code or a probable cause hearing under	111927
section 5123.75 of the Revised Code before the expiration of the	111928
stated prison term. After holding a full hearing, the probate	111929
court shall make a disposition authorized by section 5122.15 or	111930
5123.76 of the Revised Code before the date of the expiration of	111931
the stated prison term. No inmate patient shall be held in the	111932
custody of the department of rehabilitation and correction past	111933
the date of the expiration of the inmate patient's stated prison	111934
term.	111935

(J) The department of rehabilitation and correction shall set	111936
standards for treatment provided to inmate patients~~, consistent~~	111937
~~where applicable with the standards set by the joint commission on~~	111938
~~accreditation of healthcare organizations~~.	111939

(K) A certificate, application, record, or report that is	111940
made in compliance with this section and that directly or	111941
indirectly identifies an inmate or former inmate whose	111942
hospitalization has been sought under this section is	111943
confidential. No person shall disclose the contents of any	111944
certificate, application, record, or report of that nature or any	111945
other psychiatric or medical record or report regarding a mentally	111946
ill inmate unless one of the following applies:	111947

(1) The person identified, or the person's legal guardian, if	111948
any, consents to disclosure, and the chief clinical officer or	111949
designee of mental health services of the department of	111950
rehabilitation and correction determines that disclosure is in the	111951
best interests of the person.	111952

(2) Disclosure is required by a court order signed by a	111953
judge.	111954

(3) An inmate patient seeks access to the inmate patient's	111955
own psychiatric and medical records, unless access is specifically	111956
restricted in the treatment plan for clear treatment reasons.	111957

(4) Hospitals and other institutions and facilities within	111958
the department of rehabilitation and correction may exchange	111959
psychiatric records and other pertinent information with other	111960
hospitals, institutions, and facilities of the department, but the	111961
information that may be released about an inmate patient is	111962
limited to medication history, physical health status and history,	111963
summary of course of treatment in the hospital, summary of	111964
treatment needs, and a discharge summary, if any.	111965

(5) An inmate patient's family member who is involved in	111966
planning, providing, and monitoring services to the inmate patient	111967
may receive medication information, a summary of the inmate	111968
patient's diagnosis and prognosis, and a list of the services and	111969
personnel available to assist the inmate patient and family if the	111970
attending physician determines that disclosure would be in the	111971
best interest of the inmate patient. No disclosure shall be made	111972
under this division unless the inmate patient is notified of the	111973
possible disclosure, receives the information to be disclosed, and	111974
does not object to the disclosure.	111975

(6) The department of rehabilitation and correction may	111976
exchange psychiatric hospitalization records, other mental health	111977
treatment records, and other pertinent information with county	111978
sheriffs' offices, hospitals, institutions, and facilities of the	111979
department of mental health and with community mental health	111980
agencies and boards of alcohol, drug addiction, and mental health	111981
services with which the department of mental health has a current	111982
agreement for patient care or services to ensure continuity of	111983
care. Disclosure under this division is limited to records	111984
regarding a mentally ill inmate's medication history, physical	111985
health status and history, summary of course of treatment, summary	111986
of treatment needs, and a discharge summary, if any. No office,	111987
department, agency, or board shall disclose the records and other	111988
information unless one of the following applies:	111989

(a) The mentally ill inmate is notified of the possible	111990
disclosure and consents to the disclosure.	111991

(b) The mentally ill inmate is notified of the possible	111992
disclosure, an attempt to gain the consent of the inmate is made,	111993
and the office, department, agency, or board documents the attempt	111994
to gain consent, the inmate's objections, if any, and the reasons	111995
for disclosure in spite of the inmate's objections.	111996

(7) Information may be disclosed to staff members designated	111997
by the director of rehabilitation and correction for the purpose	111998
of evaluating the quality, effectiveness, and efficiency of	111999
services and determining if the services meet minimum standards.	112000

The name of an inmate patient shall not be retained with the	112001
information obtained during the evaluations.	112002

(L) The director of rehabilitation and correction may adopt	112003
rules setting forth guidelines for the procedures required under	112004
divisions (B), (C)(1), and (C)(2) of this section.	112005

Sec. 5120.22. (A) The division of business administration	112006
shall examine the conditions of all buildings, grounds, and other	112007
property connected with the institutions under the control of the	112008
department of rehabilitation and correction, the methods of	112009
bookkeeping and storekeeping, and all matters relating to the	112010
management of such property. The division shall study and become	112011
familiar with the advantages and disadvantages of each as to	112012
location, freight rates, and efficiency of farm and equipment, for	112013
the purpose of aiding in the determination of the local and	112014
general requirements both for maintenance and improvements.	112015

(B) The division, with respect to the various types of	112016
state-owned housing under jurisdiction of the department, shall	112017
adopt, in accordance with section 111.15 of the Revised Code,	112018
rules governing maintenance of the housing and its usage by	112019
department personnel. The rules shall include a procedure for	112020
determining charges for rent and utilities, which the division	112021
shall assess against and collect from department personnel using	112022
the housing. All money collected for rent and utilities pursuant	112023
to the rules shall be deposited into the property receipts fund,	112024
which is hereby created in the state treasury. Money in the fund	112025
shall be used for any expenses necessary to provide housing of	112026
department employees, including but not limited to expenses for	112027
the acquisition, construction, operation, maintenance, repair,	112028
reconstruction, or demolition of land and buildings.	112029

(C) The division may enter into a lease or agreement with a	112030
state agency, political subdivision of the state, or private	112031
entity to use facilities or other property under the jurisdiction	112032
of the department that is not being utilized by the department.	112033
All money collected for leasing and services performed in	112034
accordance with the lease or agreement shall be deposited into the	112035
property receipts fund created under division (B) of this section.	112036
Money in the fund shall be used for any expenses resulting from	112037
the lease or agreement, including, but not limited to, expenses	112038
for services performed, construction, maintenance, repair,	112039
reconstruction, or demolition of the facilities or other property.	112040

Sec. 5120.28. (A) The department of rehabilitation and	112041
correction, subject to the approval of the office of budget and	112042
management, shall fix the prices at which all labor and services	112043
performed, all agricultural products produced, and all articles	112044
manufactured in correctional and penal institutions shall be	112045
furnished to the state, the political subdivisions of the state,	112046
and the public institutions of the state and the political	112047
subdivisions, and to private persons. The prices shall be uniform	112048
to all and not higher than the usual market price for like labor,	112049
products, services, and articles.	112050

(B) Any money received by the department of rehabilitation	112051
and correction for labor and services performed ~~and agricultural~~	112052
~~products produced~~ shall be deposited into the institutional	112053
services ~~and agricultural~~ fund created pursuant to division (A) of	112054
section 5120.29 of the Revised Code and shall be used and	112055
accounted for as provided in that section and division (B) of	112056
section 5145.03 of the Revised Code.	112057

(C) Any money received by the department of rehabilitation	112058
and correction for articles manufactured and agricultural products	112059
produced in penal and correctional institutions shall be deposited	112060
into the Ohio penal industries manufacturing fund created pursuant	112061
to division (B) of section 5120.29 of the Revised Code and shall	112062
be used and accounted for as provided in that section and division	112063
(B) of section 5145.03 of the Revised Code.	112064

Sec. 5120.29. (A) There is hereby created, in the state	112065
treasury, the institutional services ~~and agricultural~~ fund, which	112066
shall be used for the:	112067

(1) Purchase of material, supplies, and equipment and the	112068
erection and extension of buildings used in ~~service industries and~~	112069
~~agriculture~~services provided between institutions of the	112070
department of rehabilitation and correction;	112071

(2) ~~Purchase of lands and buildings necessary to carry on or~~	112072
~~extend the service industries and agriculture, upon the approval~~	112073
~~of the governor;~~	112074

~~(3)~~ Payment of compensation to employees necessary to carry	112075
on ~~the service industries and agriculture~~institutional services;	112076

~~(4)~~(3) Payment of prisoners confined in state correctional	112077
institutions a portion of their earnings in accordance with rules	112078
adopted pursuant to section 5145.03 of the Revised Code.	112079

(B) There is hereby created, in the state treasury, the Ohio	112080
penal industries manufacturing fund, which shall be used for the:	112081

(1) Purchase of material, supplies, and equipment and the	112082
erection and extension of buildings used in manufacturing	112083
industries and agriculture;	112084

(2) Purchase of lands and buildings necessary to carry on or	112085
extend the manufacturing industries and agriculture upon the	112086
approval of the governor;	112087

(3) Payment of compensation to employees necessary to carry	112088
on the manufacturing industries and agriculture;	112089

(4) Payment of prisoners confined in state correctional	112090
institutions a portion of their earnings in accordance with rules	112091
adopted pursuant to section 5145.03 of the Revised Code.	112092

(C) The department of rehabilitation and correction shall, in	112093
accordance with rules adopted pursuant to section 5145.03 of the	112094
Revised Code and subject to any pledge made as provided in	112095
division (D) of this section, place to the credit of each prisoner	112096
~~his~~the prisoner's earnings and pay the earnings so credited to	112097
the prisoner or ~~his~~the prisoner's family.	112098

(D) Receipts credited to the funds created in divisions (A)	112099
and (B) of this section constitute available receipts as defined	112100
in section 152.09 of the Revised Code, and may be pledged to the	112101
payment of bond service charges on obligations issued by the Ohio	112102
building authority pursuant to Chapter 152. of the Revised Code to	112103
construct, reconstruct, or otherwise improve capital facilities	112104
useful to the department. The authority may, with the consent of	112105
the department, provide in the bond proceedings for a pledge of	112106
all or such portion of receipts credited to the funds as the	112107
authority determines. The authority may provide in the bond	112108
proceedings for the transfer of receipts credited to the funds to	112109
the appropriate bond service fund or bond service reserve fund as	112110
required to pay the bond service charges when due, and any such	112111
provision for the transfer of receipts shall be controlling	112112
notwithstanding any other provision of law pertaining to such	112113
receipts.	112114

All receipts received by the treasurer of state on account of	112115
the department and required by the applicable bond proceedings to	112116
be deposited, transferred, or credited to the bond service fund or	112117
bond service reserve fund established by such bond proceedings	112118
shall be transferred by the treasurer of state to such fund,	112119
whether or not such fund is in the custody of the treasurer of	112120
state, without necessity for further appropriation, upon receipt	112121
of notice from the Ohio building authority as prescribed in the	112122
bond proceedings. The authority may covenant in the bond	112123
proceedings that so long as any obligations are outstanding to	112124
which receipts credited to the fund are pledged, the state and the	112125
department shall neither reduce the prices charged pursuant to	112126
section 5120.28 of the Revised Code nor the level of manpower	112127
collectively devoted to the production of goods and services for	112128
which prices are set pursuant to section 5120.28 of the Revised	112129
Code, which covenant shall be controlling notwithstanding any	112130
other provision of law; provided, that no covenant shall require	112131
the general assembly to appropriate money derived from the levying	112132
of excises or taxes to purchase such goods and services or to pay	112133
rent or bond service charges.	112134

Sec. 5122.01. As used in this chapter and Chapter 5119. of	112135
the Revised Code:	112136

(A) "Mental illness" means a substantial disorder of thought,	112137
mood, perception, orientation, or memory that grossly impairs	112138
judgment, behavior, capacity to recognize reality, or ability to	112139
meet the ordinary demands of life.	112140

(B) "Mentally ill person subject to hospitalization by court	112141
order" means a mentally ill person who, because of the person's	112142
illness:	112143

(1) Represents a substantial risk of physical harm to self as	112144
manifested by evidence of threats of, or attempts at, suicide or	112145
serious self-inflicted bodily harm;	112146

(2) Represents a substantial risk of physical harm to others	112147
as manifested by evidence of recent homicidal or other violent	112148
behavior, evidence of recent threats that place another in	112149
reasonable fear of violent behavior and serious physical harm, or	112150
other evidence of present dangerousness;	112151

(3) Represents a substantial and immediate risk of serious	112152
physical impairment or injury to self as manifested by evidence	112153
that the person is unable to provide for and is not providing for	112154
the person's basic physical needs because of the person's mental	112155
illness and that appropriate provision for those needs cannot be	112156
made immediately available in the community; or	112157

(4) Would benefit from treatment in a hospital for the	112158
person's mental illness and is in need of such treatment as	112159
manifested by evidence of behavior that creates a grave and	112160
imminent risk to substantial rights of others or the person.	112161

(C)(1) "Patient" means, subject to division (C)(2) of this	112162
section, a person who is admitted either voluntarily or	112163
involuntarily to a hospital or other place under section 2945.39,	112164
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	112165
finding of not guilty by reason of insanity or incompetence to	112166
stand trial or under this chapter, who is under observation or	112167
receiving treatment in such place.	112168

(2) "Patient" does not include a person admitted to a	112169
hospital or other place under section 2945.39, 2945.40, 2945.401,	112170
or 2945.402 of the Revised Code to the extent that the reference	112171
in this chapter to patient, or the context in which the reference	112172
occurs, is in conflict with any provision of sections 2945.37 to	112173
2945.402 of the Revised Code.	112174

(D) "Licensed physician" means a person licensed under the	112175
laws of this state to practice medicine or a medical officer of	112176
the government of the United States while in this state in the	112177
performance of the person's official duties.	112178

(E) "Psychiatrist" means a licensed physician who has	112179
satisfactorily completed a residency training program in	112180
psychiatry, as approved by the residency review committee of the	112181
American medical association, the committee on post-graduate	112182
education of the American osteopathic association, or the American	112183
osteopathic board of neurology and psychiatry, or who on July 1,	112184
1989, has been recognized as a psychiatrist by the Ohio state	112185
medical association or the Ohio osteopathic association on the	112186
basis of formal training and five or more years of medical	112187
practice limited to psychiatry.	112188

(F) "Hospital" means a hospital or inpatient unit licensed by	112189
the department of mental health under section 5119.20 of the	112190
Revised Code, and any institution, hospital, or other place	112191
established, controlled, or supervised by the department under	112192
Chapter 5119. of the Revised Code.	112193

(G) "Public hospital" means a facility that is tax-supported	112194
and under the jurisdiction of the department of mental health.	112195

(H) "Community mental health agency" means ~~any~~an agency,	112196
~~program, or facility with which a board of alcohol, drug~~	112197
~~addiction, and mental health services contracts to provide the~~	112198
that provides community mental health services ~~listed in~~that are	112199
certified by the director of mental health under section ~~340.09~~	112200
5119.611 of the Revised Code.	112201

(I) "Licensed clinical psychologist" means a person who holds	112202
a current valid psychologist license issued under section 4732.12	112203
or 4732.15 of the Revised Code, and in addition, meets either of	112204
the following criteria:	112205

(1) Meets the educational requirements set forth in division	112206
(B) of section 4732.10 of the Revised Code and has a minimum of	112207
two years' full-time professional experience, or the equivalent as	112208
determined by rule of the state board of psychology, at least one	112209
year of which shall be a predoctoral internship, in clinical	112210
psychological work in a public or private hospital or clinic or in	112211
private practice, diagnosing and treating problems of mental	112212
illness or mental retardation under the supervision of a	112213
psychologist who is licensed or who holds a diploma issued by the	112214
American board of professional psychology, or whose qualifications	112215
are substantially similar to those required for licensure by the	112216
state board of psychology when the supervision has occurred prior	112217
to enactment of laws governing the practice of psychology;	112218

(2) Meets the educational requirements set forth in division	112219
(B) of section 4732.15 of the Revised Code and has a minimum of	112220
four years' full-time professional experience, or the equivalent	112221
as determined by rule of the state board of psychology, in	112222
clinical psychological work in a public or private hospital or	112223
clinic or in private practice, diagnosing and treating problems of	112224
mental illness or mental retardation under supervision, as set	112225
forth in division (I)(1) of this section.	112226

(J) "Health officer" means any public health physician;	112227
public health nurse; or other person authorized by or designated	112228
by a city health district; a general health district; or a board	112229
of alcohol, drug addiction, and mental health services to perform	112230
the duties of a health officer under this chapter.	112231

(K) "Chief clinical officer" means the medical director of a	112232
hospital, or a community mental health agency, or a board of	112233
alcohol, drug addiction, and mental health services, or, if there	112234
is no medical director, the licensed physician responsible for the	112235
treatment a hospital or community mental health agency provides.	112236
The chief clinical officer may delegate to the attending physician	112237
responsible for a patient's care the duties imposed on the chief	112238
clinical officer by this chapter. Within a community mental health	112239
agency, the chief clinical officer shall be designated by the	112240
governing body of the agency and shall be a licensed physician or	112241
licensed clinical psychologist who supervises diagnostic and	112242
treatment services. A licensed physician or licensed clinical	112243
psychologist designated by the chief clinical officer may perform	112244
the duties and accept the responsibilities of the chief clinical	112245
officer in the chief clinical officer's absence.	112246

(L) "Working day" or "court day" means Monday, Tuesday,	112247
Wednesday, Thursday, and Friday, except when such day is a	112248
holiday.	112249

(M) "Indigent" means unable without deprivation of	112250
satisfaction of basic needs to provide for the payment of an	112251
attorney and other necessary expenses of legal representation,	112252
including expert testimony.	112253

(N) "Respondent" means the person whose detention,	112254
commitment, hospitalization, continued hospitalization or	112255
commitment, or discharge is being sought in any proceeding under	112256
this chapter.	112257

(O) "Legal rights service" means the service established	112258
under section 5123.60 of the Revised Code.	112259

(P) "Independent expert evaluation" means an evaluation	112260
conducted by a licensed clinical psychologist, psychiatrist, or	112261
licensed physician who has been selected by the respondent or the	112262
respondent's counsel and who consents to conducting the	112263
evaluation.	112264

(Q) "Court" means the probate division of the court of common	112265
pleas.	112266

(R) "Expunge" means:

112267

(1) The removal and destruction of court files and records,	112268
originals and copies, and the deletion of all index references;	112269

(2) The reporting to the person of the nature and extent of	112270
any information about the person transmitted to any other person	112271
by the court;	112272

(3) Otherwise insuring that any examination of court files	112273
and records in question shall show no record whatever with respect	112274
to the person;	112275

(4) That all rights and privileges are restored, and that the	112276
person, the court, and any other person may properly reply that no	112277
such record exists, as to any matter expunged.	112278

(S) "Residence" means a person's physical presence in a	112279
county with intent to remain there, except that:	112280

(1) If a person is receiving a mental health service at a	112281
facility that includes nighttime sleeping accommodations,	112282
residence means that county in which the person maintained the	112283
person's primary place of residence at the time the person entered	112284
the facility;	112285

(2) If a person is committed pursuant to section 2945.38,	112286
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	112287
residence means the county where the criminal charges were filed.	112288

When the residence of a person is disputed, the matter of	112289
residence shall be referred to the department of mental health for	112290
investigation and determination. Residence shall not be a basis	112291
for a board's denying services to any person present in the	112292
board's service district, and the board shall provide services for	112293
a person whose residence is in dispute while residence is being	112294
determined and for a person in an emergency situation.	112295

(T) "Admission" to a hospital or other place means that a	112296
patient is accepted for and stays at least one night at the	112297
hospital or other place.	112298

(U) "Prosecutor" means the prosecuting attorney, village	112299
solicitor, city director of law, or similar chief legal officer	112300
who prosecuted a criminal case in which a person was found not	112301
guilty by reason of insanity, who would have had the authority to	112302
prosecute a criminal case against a person if the person had not	112303
been found incompetent to stand trial, or who prosecuted a case in	112304
which a person was found guilty.	112305

(V) "Treatment plan" means a written statement of reasonable	112306
objectives and goals for an individual established by the	112307
treatment team, with specific criteria to evaluate progress	112308
towards achieving those objectives. The active participation of	112309
the patient in establishing the objectives and goals shall be	112310
documented. The treatment plan shall be based on patient needs and	112311
include services to be provided to the patient while the patient	112312
is hospitalized and after the patient is discharged. The treatment	112313
plan shall address services to be provided upon discharge,	112314
including but not limited to housing, financial, and vocational	112315
services.	112316

(W) "Community control sanction" has the same meaning as in	112317
section 2929.01 of the Revised Code.	112318

(X) "Post-release control sanction" has the same meaning as	112319
in section 2967.01 of the Revised Code.	112320

Sec. 5122.15. (A) Full hearings shall be conducted in a	112321
manner consistent with this chapter and with due process of law.	112322
The hearings shall be conducted by a judge of the probate court or	112323
a referee designated by a judge of the probate court and may be	112324
conducted in or out of the county in which the respondent is held.	112325
Any referee designated under this division shall be an attorney.	112326

(1) With the consent of the respondent, the following shall	112327
be made available to counsel for the respondent:	112328

(a) All relevant documents, information, and evidence in the	112329
custody or control of the state or prosecutor;	112330

(b) All relevant documents, information, and evidence in the	112331
custody or control of the hospital in which the respondent	112332
currently is held, or in which the respondent has been held	112333
pursuant to this chapter;	112334

(c) All relevant documents, information, and evidence in the	112335
custody or control of any hospital, facility, or person not	112336
included in division (A)(1)(a) or (b) of this section.	112337

(2) The respondent has the right to attend the hearing and to	112338
be represented by counsel of the respondent's choice. The right to	112339
attend the hearing may be waived only by the respondent or counsel	112340
for the respondent after consultation with the respondent.	112341

(3) If the respondent is not represented by counsel, is	112342
absent from the hearing, and has not validly waived the right to	112343
counsel, the court shall appoint counsel immediately to represent	112344
the respondent at the hearing, reserving the right to tax costs of	112345
appointed counsel to the respondent, unless it is shown that the	112346
respondent is indigent. If the court appoints counsel, or if the	112347
court determines that the evidence relevant to the respondent's	112348
absence does not justify the absence, the court shall continue the	112349
case.	112350

(4) The respondent shall be informed that the respondent may	112351
retain counsel and have independent expert evaluation. If the	112352
respondent is unable to obtain an attorney, the respondent shall	112353
be represented by court-appointed counsel. If the respondent is	112354
indigent, court-appointed counsel and independent expert	112355
evaluation shall be provided as an expense under section 5122.43	112356
of the Revised Code.	112357

(5) The hearing shall be closed to the public, unless counsel	112358
for the respondent, with the permission of the respondent,	112359
requests that the hearing be open to the public.	112360

(6) If the hearing is closed to the public, the court, for	112361
good cause shown, may admit persons who have a legitimate interest	112362
in the proceedings. If the respondent, the respondent's counsel,	112363
the designee of the director or of the chief clinical officer	112364
objects to the admission of any person, the court shall hear the	112365
objection and any opposing argument and shall rule upon the	112366
admission of the person to the hearing.	112367

(7) The affiant under section 5122.11 of the Revised Code	112368
shall be subject to subpoena by either party.	112369

(8) The court shall examine the sufficiency of all documents	112370
filed and shall inform the respondent, if present, and the	112371
respondent's counsel of the nature and content of the documents	112372
and the reason for which the respondent is being detained, or for	112373
which the respondent's placement is being sought.	112374

(9) The court shall receive only reliable, competent, and	112375
material evidence.	112376

(10) Unless proceedings are initiated pursuant to section	112377
5120.17 or 5139.08 of the Revised Code or proceedings are	112378
initiated regarding a resident of the service district of a board	112379
of alcohol, drug addiction, and mental health services that elects	112380
under division ~~(B)(3)(b)~~(C)(2) of section 5119.62 of the Revised	112381
Code not to accept the amount allocated to it under ~~division~~	112382
~~(B)(1) of~~ that section, an attorney that the board designates	112383
shall present the case demonstrating that the respondent is a	112384
mentally ill person subject to hospitalization by court order. The	112385
attorney shall offer evidence of the diagnosis, prognosis, record	112386
of treatment, if any, and less restrictive treatment plans, if	112387
any. In proceedings pursuant to section 5120.17 or 5139.08 of the	112388
Revised Code and in proceedings in which the respondent is a	112389
resident of a service district of a board that elects under	112390
division ~~(B)(3)(b)~~(C)(2) of section 5119.62 of the Revised Code	112391
not to accept the amount allocated to it under ~~division (B)(1) of~~	112392
that section, the attorney general shall designate an attorney who	112393
shall present the case demonstrating that the respondent is a	112394
mentally ill person subject to hospitalization by court order. The	112395
attorney shall offer evidence of the diagnosis, prognosis, record	112396
of treatment, if any, and less restrictive treatment plans, if	112397
any.	112398

(11) The respondent or the respondent's counsel has the right	112399
to subpoena witnesses and documents and to examine and	112400
cross-examine witnesses.	112401

(12) The respondent has the right, but shall not be	112402
compelled, to testify, and shall be so advised by the court.	112403

(13) On motion of the respondent or the respondent's counsel	112404
for good cause shown, or on the court's own motion, the court may	112405
order a continuance of the hearing.	112406

(14) If the respondent is represented by counsel and the	112407
respondent's counsel requests a transcript and record, or if the	112408
respondent is not represented by counsel, the court shall make and	112409
maintain a full transcript and record of the proceeding. If the	112410
respondent is indigent and the transcript and record is made, a	112411
copy shall be provided to the respondent upon request and be	112412
treated as an expense under section 5122.43 of the Revised Code.	112413

(15) To the extent not inconsistent with this chapter, the	112414
Rules of Civil Procedure are applicable.	112415

(B) Unless, upon completion of the hearing the court finds by	112416
clear and convincing evidence that the respondent is a mentally	112417
ill person subject to hospitalization by court order, it shall	112418
order the respondent's discharge immediately.	112419

(C) If, upon completion of the hearing, the court finds by	112420
clear and convincing evidence that the respondent is a mentally	112421
ill person subject to hospitalization by court order, the court	112422
shall order the respondent for a period not to exceed ninety days	112423
to any of the following:	112424

(1) A hospital operated by the department of mental health if	112425
the respondent is committed pursuant to section 5139.08 of the	112426
Revised Code;	112427

(2) A nonpublic hospital;

112428

(3) The veterans' administration or other agency of the	112429
United States government;	112430

(4) A board of alcohol, drug addiction, and mental health	112431
services or agency the board designates;	112432

(5) Receive private psychiatric or psychological care and	112433
treatment;	112434

(6) Any other suitable facility or person consistent with the	112435
diagnosis, prognosis, and treatment needs of the respondent.	112436

(D) Any order made pursuant to division (C)(2), (3), (5), or	112437
(6) of this section shall be conditioned upon the receipt by the	112438
court of consent by the hospital, facility, agency, or person to	112439
accept the respondent.	112440

(E) In determining the place to which, or the person with	112441
whom, the respondent is to be committed, the court shall consider	112442
the diagnosis, prognosis, preferences of the respondent and the	112443
projected treatment plan for the respondent and shall order the	112444
implementation of the least restrictive alternative available and	112445
consistent with treatment goals. If the court determines that the	112446
least restrictive alternative available that is consistent with	112447
treatment goals is inpatient hospitalization, the court's order	112448
shall so state.	112449

(F) During such ninety-day period the hospital; facility;	112450
board of alcohol, drug addiction, and mental health services;	112451
agency the board designates; or person shall examine and treat the	112452
individual. If, at any time prior to the expiration of the	112453
ninety-day period, it is determined by the hospital, facility,	112454
board, agency, or person that the respondent's treatment needs	112455
could be equally well met in an available and appropriate less	112456
restrictive environment, both of the following apply:	112457

(1) The respondent shall be released from the care of the	112458
hospital, agency, facility, or person immediately and shall be	112459
referred to the court together with a report of the findings and	112460
recommendations of the hospital, agency, facility, or person; and	112461

(2) The hospital, agency, facility, or person shall notify	112462
the respondent's counsel or the attorney designated by a board of	112463
alcohol, drug addiction, and mental health services or, if the	112464
respondent was committed to a board or an agency designated by the	112465
board, it shall place the respondent in the least restrictive	112466
environment available consistent with treatment goals and notify	112467
the court and the respondent's counsel of the placement.	112468

The court shall dismiss the case or order placement in the	112469
least restrictive environment.	112470

(G)(1) Except as provided in divisions (G)(2) and (3) of this	112471
section, any person who has been committed under this section, or	112472
for whom proceedings for hospitalization have been commenced	112473
pursuant to section 5122.11 of the Revised Code, may apply at any	112474
time for voluntary admission to the hospital, facility, agency	112475
that the board designates, or person to which the person was	112476
committed. Upon admission as a voluntary patient the chief	112477
clinical officer of the hospital, agency, or other facility, or	112478
the person immediately shall notify the court, the patient's	112479
counsel, and the attorney designated by the board, if the attorney	112480
has entered the proceedings, in writing of that fact, and, upon	112481
receipt of the notice, the court shall dismiss the case.	112482

(2) A person who is found incompetent to stand trial or not	112483
guilty by reason of insanity and who is committed pursuant to	112484
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	112485
Code shall not voluntarily commit the person pursuant to this	112486
section until after the final termination of the commitment, as	112487
described in division (J) of section 2945.401 of the Revised Code.	112488

(H) If, at the end of the first ninety-day period or any	112489
subsequent period of continued commitment, there has been no	112490
disposition of the case, either by discharge or voluntary	112491
admission, the hospital, facility, board, agency, or person shall	112492
discharge the patient immediately, unless at least ten days before	112493
the expiration of the period the attorney the board designates or	112494
the prosecutor files with the court an application for continued	112495
commitment. The application of the attorney or the prosecutor	112496
shall include a written report containing the diagnosis,	112497
prognosis, past treatment, a list of alternative treatment	112498
settings and plans, and identification of the treatment setting	112499
that is the least restrictive consistent with treatment needs. The	112500
attorney the board designates or the prosecutor shall file the	112501
written report at least three days prior to the full hearing. A	112502
copy of the application and written report shall be provided to	112503
the respondent's counsel immediately.	112504

The court shall hold a full hearing on applications for	112505
continued commitment at the expiration of the first ninety-day	112506
period and at least every two years after the expiration of the	112507
first ninety-day period.	112508

Hearings following any application for continued commitment	112509
are mandatory and may not be waived.	112510

Upon request of a person who is involuntarily committed under	112511
this section, or the person's counsel, that is made more than one	112512
hundred eighty days after the person's last full hearing,	112513
mandatory or requested, the court shall hold a full hearing on the	112514
person's continued commitment. Upon the application of a person	112515
involuntarily committed under this section, supported by an	112516
affidavit of a psychiatrist or licensed clinical psychologist,	112517
alleging that the person no longer is a mentally ill person	112518
subject to hospitalization by court order, the court for good	112519
cause shown may hold a full hearing on the person's continued	112520
commitment prior to the expiration of one hundred eighty days	112521
after the person's last full hearing. Section 5122.12 of the	112522
Revised Code applies to all hearings on continued commitment.	112523

If the court, after a hearing for continued commitment finds	112524
by clear and convincing evidence that the respondent is a mentally	112525
ill person subject to hospitalization by court order, the court	112526
may order continued commitment at places specified in division (C)	112527
of this section.	112528

(I) Unless the admission is pursuant to section 5120.17 or	112529
5139.08 of the Revised Code, the chief clinical officer of the	112530
hospital or agency admitting a respondent pursuant to a judicial	112531
proceeding, within ten working days of the admission, shall make a	112532
report of the admission to the board of alcohol, drug addiction,	112533
and mental health services serving the respondent's county of	112534
residence.	112535

(J) A referee appointed by the court may make all orders that	112536
a judge may make under this section and sections 5122.11 and	112537
5122.141 of the Revised Code, except an order of contempt of	112538
court. The orders of a referee take effect immediately. Within	112539
fourteen days of the making of an order by a referee, a party may	112540
file written objections to the order with the court. The filed	112541
objections shall be considered a motion, shall be specific, and	112542
shall state their grounds with particularity. Within ten days of	112543
the filing of the objections, a judge of the court shall hold a	112544
hearing on the objections and may hear and consider any testimony	112545
or other evidence relating to the respondent's mental condition.	112546
At the conclusion of the hearing, the judge may ratify, rescind,	112547
or modify the referee's order.	112548

(K) An order of the court under division (C), (H), or (J) of	112549
this section is a final order.	112550

(L) Before a board, or an agency the board designates, may	112551
place an unconsenting respondent in an inpatient setting from a	112552
less restrictive placement, the board or agency shall do all of	112553
the following:	112554

(1) Determine that the respondent is in immediate need of	112555
treatment in an inpatient setting because the respondent	112556
represents a substantial risk of physical harm to the respondent	112557
or others if allowed to remain in a less restrictive setting;	112558

(2) On the day of placement in the inpatient setting or on	112559
the next court day, file with the court a motion for transfer to	112560
an inpatient setting or communicate to the court by telephone that	112561
the required motion has been mailed;	112562

(3) Ensure that every reasonable and appropriate effort is	112563
made to take the respondent to the inpatient setting in the least	112564
conspicuous manner possible;	112565

(4) Immediately notify the board's designated attorney and	112566
the respondent's attorney.	112567

At the respondent's request, the court shall hold a hearing	112568
on the motion and make a determination pursuant to division (E) of	112569
this section within five days of the placement.	112570

(M) Before a board, or an agency the board designates, may	112571
move a respondent from one residential placement to another, the	112572
board or agency shall consult with the respondent about the	112573
placement. If the respondent objects to the placement, the	112574
proposed placement and the need for it shall be reviewed by a	112575
qualified mental health professional who otherwise is not involved	112576
in the treatment of the respondent.	112577

Sec. 5122.21. (A) The chief clinical officer shall as	112578
frequently as practicable, and at least once every thirty days,	112579
examine or cause to be examined every patient, and, whenever the	112580
chief clinical officer determines that the conditions justifying	112581
involuntary hospitalization or commitment no longer obtain, shall,	112582
~~except as provided in division (C) of this section,~~ discharge the	112583
patient not under indictment or conviction for crime and	112584
immediately make a report of the discharge to the department of	112585
mental health. The chief clinical officer may discharge a patient	112586
who is under an indictment, a sentence of imprisonment, a	112587
community control sanction, or a post-release control sanction or	112588
on parole ten days after written notice of intent to discharge the	112589
patient has been given by personal service or certified mail,	112590
return receipt requested, to the court having criminal	112591
jurisdiction over the patient. Except when the patient was found	112592
not guilty by reason of insanity and the defendant's commitment is	112593
pursuant to section 2945.40 of the Revised Code, the chief	112594
clinical officer has final authority to discharge a patient who is	112595
under an indictment, a sentence of imprisonment, a community	112596
control sanction, or a post-release control sanction or on parole.	112597

(B) After a finding pursuant to section 5122.15 of the	112598
Revised Code that a person is a mentally ill person subject to	112599
hospitalization by court order, the chief clinical officer of the	112600
hospital or agency to which the person is ordered or to which the	112601
person is transferred under section 5122.20 of the Revised Code,	112602
may~~, except as provided in division (C) of this section,~~ grant a	112603
discharge without the consent or authorization of any court.	112604

Upon discharge, the chief clinical officer shall notify the	112605
court that caused the judicial hospitalization of the discharge	112606
from the hospital.	112607

Sec. 5122.31. (A) All certificates, applications, records,	112608
and reports made for the purpose of this chapter and sections	112609
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	112610
Code, other than court journal entries or court docket entries,	112611
and directly or indirectly identifying a patient or former patient	112612
or person whose hospitalization has been sought under this	112613
chapter, shall be kept confidential and shall not be disclosed by	112614
any person except:	112615

(1) If the person identified, or the person's legal guardian,	112616
if any, or if the person is a minor, the person's parent or legal	112617
guardian, consents, and if the disclosure is in the best interests	112618
of the person, as may be determined by the court for judicial	112619
records and by the chief clinical officer for medical records;	112620

(2) When disclosure is provided for in this chapter or	112621
section 5123.60 of the Revised Code;	112622

(3) That hospitals, boards of alcohol, drug addiction, and	112623
mental health services, and community mental health agencies may	112624
release necessary medical information to insurers and other	112625
third-party payers, including government entities responsible for	112626
processing and authorizing payment, to obtain payment for goods	112627
and services furnished to the patient;	112628

(4) Pursuant to a court order signed by a judge;

112629

(5) That a patient shall be granted access to the patient's	112630
own psychiatric and medical records, unless access specifically is	112631
restricted in a patient's treatment plan for clear treatment	112632
reasons;	112633

(6) That hospitals and other institutions and facilities	112634
within the department of mental health may exchange psychiatric	112635
records and other pertinent information with other hospitals,	112636
institutions, and facilities of the department, and with community	112637
mental health agencies and boards of alcohol, drug addiction, and	112638
mental health services with which the department has a current	112639
agreement for patient care or services. Records and information	112640
that may be released pursuant to this division shall be limited to	112641
medication history, physical health status and history, financial	112642
status, summary of course of treatment in the hospital, summary of	112643
treatment needs, and a discharge summary, if any.	112644

(7) That hospitals within the department, other institutions	112645
and facilities within the department, hospitals licensed by the	112646
department under section 5119.20 of the Revised Code, and	112647
community mental health agencies may exchange psychiatric records	112648
and other pertinent information with payers and other providers of	112649
treatment and health services if the purpose of the exchange is to	112650
facilitate continuity of care for a patient;	112651

(8) That a patient's family member who is involved in the	112652
provision, planning, and monitoring of services to the patient may	112653
receive medication information, a summary of the patient's	112654
diagnosis and prognosis, and a list of the services and personnel	112655
available to assist the patient and the patient's family, if the	112656
patient's treating physician determines that the disclosure would	112657
be in the best interests of the patient. No such disclosure shall	112658
be made unless the patient is notified first and receives the	112659
information and does not object to the disclosure.	112660

(9) That community mental health agencies may exchange	112661
psychiatric records and certain other information with the board	112662
of alcohol, drug addiction, and mental health services and other	112663
agencies in order to provide services to a person involuntarily	112664
committed to a board. Release of records under this division shall	112665
be limited to medication history, physical health status and	112666
history, financial status, summary of course of treatment, summary	112667
of treatment needs, and discharge summary, if any.	112668

(10) That information may be disclosed to the executor or the	112669
administrator of an estate of a deceased patient when the	112670
information is necessary to administer the estate;	112671

(11) That records in the possession of the Ohio historical	112672
society may be released to the closest living relative of a	112673
deceased patient upon request of that relative;	112674

(12) That information may be disclosed to staff members of	112675
the appropriate board or to staff members designated by the	112676
director of mental health for the purpose of evaluating the	112677
quality, effectiveness, and efficiency of services and determining	112678
if the services meet minimum standards. Information obtained	112679
during such evaluations shall not be retained with the name of any	112680
patient.	112681

(13) That records pertaining to the patient's diagnosis,	112682
course of treatment, treatment needs, and prognosis shall be	112683
disclosed and released to the appropriate prosecuting attorney if	112684
the patient was committed pursuant to section 2945.38, 2945.39,	112685
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	112686
attorney designated by the board for proceedings pursuant to	112687
involuntary commitment under this chapter.	112688

(14) That the department of mental health may exchange	112689
psychiatric hospitalization records, other mental health treatment	112690
records, and other pertinent information with the department of	112691
rehabilitation and correction to ensure continuity of care for	112692
inmates who are receiving mental health services in an institution	112693
of the department of rehabilitation and correction. The department	112694
shall not disclose those records unless the inmate is notified,	112695
receives the information, and does not object to the disclosure.	112696
The release of records under this division is limited to records	112697
regarding an inmate's medication history, physical health status	112698
and history, summary of course of treatment, summary of treatment	112699
needs, and a discharge summary, if any.	112700

(15) That a community mental health agency that ceases to	112701
operate may transfer to either a community mental health agency	112702
that assumes its caseload or to the board of alcohol, drug	112703
addiction, and mental health services of the service district in	112704
which the patient resided at the time services were most recently	112705
provided any treatment records that have not been transferred	112706
elsewhere at the patient's request.	112707

(B) Before records are disclosed pursuant to divisions	112708
(A)(3), (6), (7), and (9) of this section, the custodian of the	112709
records shall attempt to obtain the patient's consent for the	112710
disclosure. No person shall reveal the contents of a medical	112711
record of a patient except as authorized by law.	112712

(C) The managing officer of a hospital who releases necessary	112713
medical information under division (A)(3) of this section to allow	112714
an insurance carrier or other third party payor to comply with	112715
section 5121.43 of the Revised Code shall neither be subject to	112716
criminal nor civil liability.	112717

Sec. 5122.341. (A) As used in this section:

112718

(1) "Facility or agency" means, in the context of a person	112719
committed to the department of mental health under sections	112720
2945.37 to 2945.402 of the Revised Code, any entity in which the	112721
department of mental health places such a person.	112722

(2) "Person committed to the department" means a person	112723
committed to the department of mental health under sections	112724
2945.37 to 2945.402 of the Revised Code.	112725

(B) No member of a board of directors, or employee, of a	112726
facility or agency in which the department of mental health places	112727
a person committed to the department is liable for injury or	112728
damages caused by any action or inaction taken within the scope of	112729
the board member's official duties or employee's employment	112730
relating to the commitment of, and services provided to, the	112731
person committed to the department, unless the action or inaction	112732
constitutes willful or wanton misconduct. A board member's or	112733
employee's action or inaction does not constitute willful or	112734
wanton misconduct if the board member or employee acted in good	112735
faith and reasonably under the circumstances and with the	112736
knowledge reasonably attributable to the board member or employee.	112737

The immunity from liability conferred by this section is in	112738
addition to and not in limitation of any immunity conferred by any	112739
other section of the Revised Code or by judicial precedent.	112740

Sec. 5123.01. As used in this chapter:

112741

(A) "Chief medical officer" means the licensed physician	112742
appointed by the managing officer of an institution for the	112743
mentally retarded with the approval of the director of	112744
developmental disabilities to provide medical treatment for	112745
residents of the institution.	112746

(B) "Chief program director" means a person with special	112747
training and experience in the diagnosis and management of the	112748
mentally retarded, certified according to division (C) of this	112749
section in at least one of the designated fields, and appointed by	112750
the managing officer of an institution for the mentally retarded	112751
with the approval of the director to provide habilitation and care	112752
for residents of the institution.	112753

(C) "Comprehensive evaluation" means a study, including a	112754
sequence of observations and examinations, of a person leading to	112755
conclusions and recommendations formulated jointly, with	112756
dissenting opinions if any, by a group of persons with special	112757
training and experience in the diagnosis and management of persons	112758
with mental retardation or a developmental disability, which group	112759
shall include individuals who are professionally qualified in the	112760
fields of medicine, psychology, and social work, together with	112761
such other specialists as the individual case may require.	112762

(D) "Education" means the process of formal training and	112763
instruction to facilitate the intellectual and emotional	112764
development of residents.	112765

(E) "Habilitation" means the process by which the staff of	112766
the institution assists the resident in acquiring and maintaining	112767
those life skills that enable the resident to cope more	112768
effectively with the demands of the resident's own person and of	112769
the resident's environment and in raising the level of the	112770
resident's physical, mental, social, and vocational efficiency.	112771
Habilitation includes but is not limited to programs of formal,	112772
structured education and training.	112773

(F) "Health officer" means any public health physician,	112774
public health nurse, or other person authorized or designated by a	112775
city or general health district.	112776

(G) "Home and community-based services" means medicaid-funded	112777
home and community-based services specified in division (B)(1) of	112778
section 5111.87 of the Revised Code provided under the medicaid	112779
waiver components the department of developmental disabilities	112780
administers pursuant to section 5111.871 of the Revised Code.	112781
However, home and community-based services provided under the	112782
medicaid waiver component known as the transitions developmental	112783
disabilities waiver are to be considered to be home and	112784
community-based services for the purposes of this chapter only to	112785
the extent, if any, provided by the contract required by section	112786
5111.871 of the Revised Code regarding the waiver.	112787

(H) "Indigent person" means a person who is unable, without	112788
substantial financial hardship, to provide for the payment of an	112789
attorney and for other necessary expenses of legal representation,	112790
including expert testimony.	112791

(I) "Institution" means a public or private facility, or a	112792
part of a public or private facility, that is licensed by the	112793
appropriate state department and is equipped to provide	112794
residential habilitation, care, and treatment for the mentally	112795
retarded.	112796

(J) "Licensed physician" means a person who holds a valid	112797
certificate issued under Chapter 4731. of the Revised Code	112798
authorizing the person to practice medicine and surgery or	112799
osteopathic medicine and surgery, or a medical officer of the	112800
government of the United States while in the performance of the	112801
officer's official duties.	112802

(K) "Managing officer" means a person who is appointed by the	112803
director of developmental disabilities to be in executive control	112804
of an institution for the mentally retarded under the jurisdiction	112805
of the department.	112806

(L) "Medicaid" has the same meaning as in section 5111.01 of	112807
the Revised Code.	112808

(M) "Medicaid case management services" means case management	112809
services provided to an individual with mental retardation or	112810
other developmental disability that the state medicaid plan	112811
requires.	112812

(N) "Mentally retarded person" means a person having	112813
significantly subaverage general intellectual functioning existing	112814
concurrently with deficiencies in adaptive behavior, manifested	112815
during the developmental period.	112816

(O) "Mentally retarded person subject to institutionalization	112817
by court order" means a person eighteen years of age or older who	112818
is at least moderately mentally retarded and in relation to whom,	112819
because of the person's retardation, either of the following	112820
conditions exist:	112821

(1) The person represents a very substantial risk of physical	112822
impairment or injury to self as manifested by evidence that the	112823
person is unable to provide for and is not providing for the	112824
person's most basic physical needs and that provision for those	112825
needs is not available in the community;	112826

(2) The person needs and is susceptible to significant	112827
habilitation in an institution.	112828

(P) "A person who is at least moderately mentally retarded"	112829
means a person who is found, following a comprehensive evaluation,	112830
to be impaired in adaptive behavior to a moderate degree and to be	112831
functioning at the moderate level of intellectual functioning in	112832
accordance with standard measurements as recorded in the most	112833
current revision of the manual of terminology and classification	112834
in mental retardation published by the American association on	112835
mental retardation.	112836

(Q) As used in this division, "substantial functional	112837
limitation," "developmental delay," and "established risk" have	112838
the meanings established pursuant to section 5123.011 of the	112839
Revised Code.	112840

"Developmental disability" means a severe, chronic disability	112841
that is characterized by all of the following:	112842

(1) It is attributable to a mental or physical impairment or	112843
a combination of mental and physical impairments, other than a	112844
mental or physical impairment solely caused by mental illness as	112845
defined in division (A) of section 5122.01 of the Revised Code.	112846

(2) It is manifested before age twenty-two.

112847

(3) It is likely to continue indefinitely.

112848

(4) It results in one of the following:

112849

(a) In the case of a person under three years of age, at	112850
least one developmental delay or an established risk;	112851

(b) In the case of a person at least three years of age but	112852
under six years of age, at least two developmental delays or an	112853
established risk;	112854

(c) In the case of a person six years of age or older, a	112855
substantial functional limitation in at least three of the	112856
following areas of major life activity, as appropriate for the	112857
person's age: self-care, receptive and expressive language,	112858
learning, mobility, self-direction, capacity for independent	112859
living, and, if the person is at least sixteen years of age,	112860
capacity for economic self-sufficiency.	112861

(5) It causes the person to need a combination and sequence	112862
of special, interdisciplinary, or other type of care, treatment,	112863
or provision of services for an extended period of time that is	112864
individually planned and coordinated for the person.	112865

(R) "Developmentally disabled person" means a person with a	112866
developmental disability.	112867

(S) "State institution" means an institution that is	112868
tax-supported and under the jurisdiction of the department.	112869

(T) "Residence" and "legal residence" have the same meaning	112870
as "legal settlement," which is acquired by residing in Ohio for a	112871
period of one year without receiving general assistance prior to	112872
July 17, 1995, under former Chapter 5113. of the Revised Code,	112873
financial assistance under Chapter 5115. of the Revised Code, or	112874
assistance from a private agency that maintains records of	112875
assistance given. A person having a legal settlement in the state	112876
shall be considered as having legal settlement in the assistance	112877
area in which the person resides. No adult person coming into this	112878
state and having a spouse or minor children residing in another	112879
state shall obtain a legal settlement in this state as long as the	112880
spouse or minor children are receiving public assistance, care, or	112881
support at the expense of the other state or its subdivisions. For	112882
the purpose of determining the legal settlement of a person who is	112883
living in a public or private institution or in a home subject to	112884
licensing by the department of job and family services, the	112885
department of mental health, or the department of developmental	112886
disabilities, the residence of the person shall be considered as	112887
though the person were residing in the county in which the person	112888
was living prior to the person's entrance into the institution or	112889
home. Settlement once acquired shall continue until a person has	112890
been continuously absent from Ohio for a period of one year or has	112891
acquired a legal residence in another state. A woman who marries a	112892
man with legal settlement in any county immediately acquires the	112893
settlement of her husband. The legal settlement of a minor is that	112894
of the parents, surviving parent, sole parent, parent who is	112895
designated the residential parent and legal custodian by a court,	112896
other adult having permanent custody awarded by a court, or	112897
guardian of the person of the minor, provided that:	112898

(1) A minor female who marries shall be considered to have	112899
the legal settlement of her husband and, in the case of death of	112900
her husband or divorce, she shall not thereby lose her legal	112901
settlement obtained by the marriage.	112902

(2) A minor male who marries, establishes a home, and who has	112903
resided in this state for one year without receiving general	112904
assistance prior to July 17, 1995, under former Chapter 5113. of	112905
the Revised Code, financial assistance under Chapter 5115. of the	112906
Revised Code, or assistance from a private agency that maintains	112907
records of assistance given shall be considered to have obtained a	112908
legal settlement in this state.	112909

(3) The legal settlement of a child under eighteen years of	112910
age who is in the care or custody of a public or private child	112911
caring agency shall not change if the legal settlement of the	112912
parent changes until after the child has been in the home of the	112913
parent for a period of one year.	112914

No person, adult or minor, may establish a legal settlement	112915
in this state for the purpose of gaining admission to any state	112916
institution.	112917

(U)(1) "Resident" means, subject to division (R)(2) of this	112918
section, a person who is admitted either voluntarily or	112919
involuntarily to an institution or other facility pursuant to	112920
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	112921
Code subsequent to a finding of not guilty by reason of insanity	112922
or incompetence to stand trial or under this chapter who is under	112923
observation or receiving habilitation and care in an institution.	112924

(2) "Resident" does not include a person admitted to an	112925
institution or other facility under section 2945.39, 2945.40,	112926
2945.401, or 2945.402 of the Revised Code to the extent that the	112927
reference in this chapter to resident, or the context in which the	112928
reference occurs, is in conflict with any provision of sections	112929
2945.37 to 2945.402 of the Revised Code.	112930

(V) "Respondent" means the person whose detention,	112931
commitment, or continued commitment is being sought in any	112932
proceeding under this chapter.	112933

(W) "Working day" and "court day" mean Monday, Tuesday,	112934
Wednesday, Thursday, and Friday, except when such day is a legal	112935
holiday.	112936

(X) "Prosecutor" means the prosecuting attorney, village	112937
solicitor, city director of law, or similar chief legal officer	112938
who prosecuted a criminal case in which a person was found not	112939
guilty by reason of insanity, who would have had the authority to	112940
prosecute a criminal case against a person if the person had not	112941
been found incompetent to stand trial, or who prosecuted a case in	112942
which a person was found guilty.	112943

(Y) "Court" means the probate division of the court of common	112944
pleas.	112945

(Z) "Supported living" ~~has~~and "residential services" have	112946
the same ~~meaning~~meanings as in section 5126.01 of the Revised	112947
Code.	112948

Sec. 5123.0412. (A) The department of developmental	112949
disabilities shall charge each county board of developmental	112950
disabilities an annual fee equal to one ~~and one-half~~ per cent of	112951
the total value of all medicaid paid claims for home and	112952
community-based services provided during the year to an individual	112953
eligible for services from the county board. No county board shall	112954
pass the cost of a fee charged to the county board under this	112955
section on to another provider of these services.	112956

(B) The fees collected under this section shall be deposited	112957
into the ODDD administration and oversight fund ~~and the ODJFS~~	112958
~~administration and oversight fund~~, ~~both of~~ which ~~are~~is hereby	112959
created in the state treasury. ~~The portion of the fees to be~~	112960
~~deposited into the ODDD administration and oversight fund and the~~	112961
~~portion of the fees to be deposited into the ODJFS administration~~	112962
~~and oversight fund shall be the portion specified in an~~	112963
~~interagency agreement entered into under division (C) of this~~	112964
~~section.~~ The department of developmental disabilities shall use	112965
the money in the ODDD administration and oversight fund ~~and the~~	112966
~~department of job and family services shall use the money in the~~	112967
~~ODJFS administration and oversight fund~~ for both of the following	112968
purposes:	112969

(1) Medicaid administrative costs, including administrative	112970
and oversight costs of medicaid case management services and home	112971
and community-based services. The administrative and oversight	112972
costs of medicaid case management services and home and	112973
community-based services shall include costs for staff, systems,	112974
and other resources the ~~departments need~~department needs and	112975
~~dedicate~~dedicates solely to the following duties associated with	112976
the services:	112977

(a) Eligibility determinations;

112978

(b) Training;

112979

112980

(d) Claims processing;

112981

(e) Quality assurance oversight;

112982

~~(f) Other duties the departments identify~~.

112983

(2) Providing technical support to county boards' local	112984
administrative authority under section 5126.055 of the Revised	112985
Code for the services.	112986

(C) ~~The departments of developmental disabilities and job and~~	112987
~~family services shall enter into an interagency agreement to do~~	112988
~~both of the following:~~	112989

~~(1) Specify which portion of the fees collected under this~~	112990
~~section is to be deposited into the ODDD administration and~~	112991
~~oversight fund and which portion is to be deposited into the ODJFS~~	112992
~~administration and oversight fund;~~	112993

~~(2) Provide for the departments to coordinate the staff whose~~	112994
~~costs are paid for with money in the ODDD administration and~~	112995
~~oversight fund and the ODJFS administration and oversight fund.~~	112996

~~(D)~~ The ~~departments~~department shall submit an annual report	112997
to the director of budget and management certifying how the	112998
~~departments~~department spent the money in the ODDD administration	112999
and oversight fund ~~and the ODJFS administration and oversight fund~~	113000
for the purposes specified in division (B) of this section.	113001

Sec. 5123.0413. The department of developmental	113002
disabilities, in consultation with the department of job and	113003
family services, office of budget and management, and county	113004
boards of developmental disabilities, shall adopt rules in	113005
accordance with Chapter 119. of the Revised Code to establish both	113006
of the following in the event a county property tax levy for	113007
services for individuals with mental retardation or other	113008
developmental disability fails:	113009

(A) A method of paying for home and community-based services;

113010

(B) A method of reducing the number of individuals a county	113011
board would otherwise be required by section 5126.0512 of the	113012
Revised Code to ensure are enrolled in ~~a medicaid waiver component~~	113013
~~under which~~ home and community-based services ~~are provided~~.	113014

Sec. 5123.0417. (A) The director of developmental	113015
disabilities shall establish one or more programs for individuals	113016
under ~~twenty-one~~twenty-two years of age who have intensive	113017
behavioral needs, including such individuals with a primary	113018
diagnosis of autism spectrum disorder. The programs may include	113019
one or more medicaid waiver components that the director	113020
administers pursuant to section 5111.871 of the Revised Code. The	113021
programs may do one or more of the following:	113022

(1) Establish models that incorporate elements common to	113023
effective intervention programs and evidence-based practices in	113024
services for children with intensive behavioral needs;	113025

(2) Design a template for individualized education plans and	113026
individual service plans that provide consistent intervention	113027
programs and evidence-based practices for the care and treatment	113028
of children with intensive behavioral needs;	113029

(3) Disseminate best practice guidelines for use by families	113030
of children with intensive behavioral needs and professionals	113031
working with such families;	113032

(4) Develop a transition planning model for effectively	113033
mainstreaming school-age children with intensive behavioral needs	113034
to their public school district;	113035

(5) Contribute to the field of early and effective	113036
identification and intervention programs for children with	113037
intensive behavioral needs by providing financial support for	113038
scholarly research and publication of clinical findings.	113039

(B) The director of developmental disabilities shall	113040
collaborate with the director of job and family services and	113041
consult with the executive director of the Ohio center for autism	113042
and low incidence and university-based programs that specialize in	113043
services for individuals with developmental disabilities when	113044
establishing programs under this section.	113045

Sec. 5123.0418. (A) In addition to other authority granted	113046
the director of developmental disabilities for use of funds	113047
appropriated to the department of developmental disabilities, the	113048
director may use such funds for the following purposes:	113049

(1) All of the following to assist persons with mental	113050
retardation or a developmental disability remain in the community	113051
and avoid institutionalization:	113052

(a) Behavioral and short-term interventions;

113053

(b) Residential services;

113054

113055

(2) Respite care services;

113056

(3) Staff training to help the following personnel serve	113057
persons with mental retardation or a developmental disability in	113058
the community:	113059

(a) Employees of, and personnel under contract with, county	113060
boards of developmental disabilities;	113061

(b) Employees of providers of supported living;

113062

113063

(d) Other personnel the director identifies.

113064

(B) The director may establish priorities for using funds for	113065
the purposes specified in division (A) of this section. The	113066
director shall use the funds in a manner consistent with the	113067
appropriations that authorize the director to use the funds and	113068
all other state and federal laws governing the use of the funds.	113069

Sec. 5123.0419. (A) The director of developmental	113070
disabilities may establish an interagency workgroup on autism. The	113071
purpose of the workgroup shall be to improve the coordination of	113072
the state's efforts to address the service needs of individuals	113073
with autism spectrum disorders and the families of those	113074
individuals. In fulfilling this purpose, the director may enter	113075
into interagency agreements with the government entities	113076
represented by the members of the workgroup. The agreements may	113077
specify any or all of the following:	113078

(1) The roles and responsibilities of government entities	113079
that enter into the agreements;	113080

(2) Procedures regarding the receipt, transfer, and	113081
expenditure of funds necessary to achieve the goals of the	113082
workgroup;	113083

(3) The projects to be undertaken and activities to be	113084
performed by the government entities that enter into the	113085
agreements.	113086

(B) Money received from government entities represented by	113087
the members of the workgroup shall be deposited into the state	113088
treasury to the credit of the interagency workgroup on autism	113089
fund, which is hereby created in the state treasury. Money	113090
credited to the fund shall be used by the department of	113091
developmental disabilities solely to support the activities of the	113092
workgroup.	113093

Sec. 5123.051. (A) If the department of developmental	113094
disabilities determines pursuant to an audit conducted under	113095
section 5123.05 of the Revised Code ~~or a reconciliation conducted~~	113096
~~under section 5123.18 of the Revised Code~~ that money is owed the	113097
state by a provider of a service or program, the department may	113098
enter into a payment agreement with the provider. The agreement	113099
shall include the following:	113100

(1) A schedule of installment payments whereby the money owed	113101
the state is to be paid in full within a period not to exceed one	113102
year;	113103

(2) A provision that the provider may pay the entire balance	113104
owed at any time during the term of the agreement;	113105

(3) A provision that if any installment is not paid in full	113106
within forty-five days after it is due, the entire balance owed is	113107
immediately due and payable;	113108

(4) Any other terms and conditions that are agreed to by the	113109
department and the provider.	113110

(B) The department may include a provision in a payment	113111
agreement that requires the provider to pay interest on the money	113112
owed the state. The department, in its discretion, shall determine	113113
whether to require the payment of interest and, if it so requires,	113114
the rate of interest. Neither the obligation to pay interest nor	113115
the rate of interest is subject to negotiation between the	113116
department and the provider.	113117

(C) If the provider fails to pay any installment in full	113118
within forty-five days after its due date, the department shall	113119
certify the entire balance owed to the attorney general for	113120
collection under section 131.02 of the Revised Code. The	113121
department may withhold funds from payments made to a provider	113122
under section 5123.18 of the Revised Code to satisfy a judgment	113123
secured by the attorney general.	113124

~~(D) The purchase of service fund is hereby created. Money~~	113125
~~credited to the fund shall be used solely for purposes of section~~	113126
~~5123.05 of the Revised Code.~~	113127

Sec. 5123.171. As used in this section, "respite care" means	113128
appropriate, short-term, temporary care provided to a mentally	113129
retarded or developmentally disabled person to sustain the family	113130
structure or to meet planned or emergency needs of the family.	113131

The department of developmental disabilities shall provide	113132
respite care services to persons with mental retardation or a	113133
developmental disability for the purpose of promoting	113134
self-sufficiency and normalization, preventing or reducing	113135
inappropriate institutional care, and furthering the unity of the	113136
family by enabling the family to meet the special needs of a	113137
mentally retarded or developmentally disabled person.	113138

In order to be eligible for respite care services under this	113139
section, the mentally retarded or developmentally disabled person	113140
must be in need of habilitation services as defined in section	113141
5126.01 of the Revised Code.	113142

Respite care may be provided in a facility licensed under	113143
section 5123.19 of the Revised Code or certified as an	113144
intermediate care facility for the mentally retarded under Title	113145
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	113146
301, as amended, or certified as a respite care home under section	113147
5126.05 of the Revised Code.	113148

The department shall develop a system for locating vacant	113149
beds that are available for respite care and for making	113150
information on vacant beds available to users of respite care	113151
services. Facilities certified as intermediate care facilities for	113152
the mentally retarded ~~and facilities holding contracts with the~~	113153
~~department for the provision of residential services under section~~	113154
~~5123.18 of the Revised Code~~ shall report vacant beds to the	113155
department but shall not be required to accept respite care	113156
clients.	113157

The director of developmental disabilities shall adopt, and	113158
may amend or rescind, rules in accordance with Chapter 119. of the	113159
Revised Code for both of the following:	113160

(A) Certification by county boards of developmental	113161
disabilities of respite care homes;	113162

(B) Provision of respite care services authorized by this	113163
section. Rules adopted under this division shall establish all of	113164
the following:	113165

(1) A formula for distributing funds appropriated for respite	113166
care services;	113167

(2) Standards for supervision, training and quality control	113168
in the provision of respite care services;	113169

(3) Eligibility criteria for emergency respite care services.

113170

Sec. 5123.18. (A) ~~As used in this section:~~

113171

~~(1) "Contractor" means a person or government agency that~~	113172
~~enters into a contract with the department of developmental~~	113173
~~disabilities under this section.~~	113174

~~(2) "Government agency" means a state agency as defined in~~	113175
~~section 117.01 of the Revised Code or a similar agency of a~~	113176
~~political subdivision of the state.~~	113177

~~(3) "Residential services" means the services necessary for~~	113178
~~an individual with mental retardation or a developmental~~	113179
~~disability to live in the community, including room and board,~~	113180
~~clothing, transportation, personal care, habilitation,~~	113181
~~supervision, and any other services the department considers~~	113182
~~necessary for the individual to live in the community.~~	113183

~~(B)(1)~~ The department of developmental disabilities may enter	113184
into a contract with a person or government agency to provide	113185
residential services to individuals with mental retardation or	113186
developmental disabilities in need of residential ~~services.~~	113187
~~Contracts for residential services shall be of the following~~	113188
~~types:~~	113189

~~(a) Companion home contracts - contracts under which the~~	113190
~~contractor is an individual, the individual is the primary~~	113191
~~caregiver, and the individual owns or leases and resides in the~~	113192
~~home in which the services are provided.~~	113193

~~(b) Agency-operated companion home contracts - contracts~~	113194
~~under which the contractor subcontracts, for purposes of~~	113195
~~coordinating the provision of residential services, with one or~~	113196
~~more individuals who are primary caregivers and own or lease and~~	113197
~~reside in the homes in which the services are provided.~~	113198

~~(c) Community home contracts - contracts for residential~~	113199
~~services under which the contractor owns or operates a home that~~	113200
~~is used solely to provide residential services.~~	113201

~~(d) Combined agency-operated companion home and community~~	113202
~~home contracts.~~	113203

~~(2) A companion home contract shall cover not more than one~~	113204
~~home. An agency-operated companion home contract or a community~~	113205
~~home contract may cover more than one home.~~	113206

~~(C) Contracts shall be in writing and shall provide for~~	113207
~~payment to be made to the contractor at the times agreed to by the~~	113208
~~department and the contractor. Each contract shall specify the~~	113209
~~period during which it is valid, the amount to be paid for~~	113210
~~residential services, and the number of individuals for whom~~	113211
~~payment will be made. Contracts may be renewed.~~	113212

~~(D)~~services. To be eligible to enter into a contract with	113213
the department under this section, ~~the~~a person or government	113214
~~agency~~entity and the home in which the residential services are	113215
provided must meet all applicable standards for licensing or	113216
certification by the appropriate government ~~agency~~entity. In	113217
~~addition, if the residential facility is operated as a nonprofit~~	113218
~~entity, the members of the board of trustees or board of directors~~	113219
~~of the facility must not have a financial interest in or receive~~	113220
~~financial benefit from the facility, other than reimbursement for~~	113221
~~actual expenses incurred in attending board meetings.~~	113222

~~(E)(1) The department shall determine the payment amount~~	113223
~~assigned to an initial contract. To the extent that the department~~	113224
~~determines sufficient funds are available, the payment amount~~	113225
~~assigned to an initial contract shall be equal to the average~~	113226
~~amount assigned to contracts for other homes that are of the same~~	113227
~~type and size and serve individuals with similar needs, except~~	113228
~~that if an initial contract is the result of a change of~~	113229
~~contractor or ownership, the payment amount assigned to the~~	113230
~~contract shall be the lesser of the amount assigned to the~~	113231
~~previous contract or the contract's total adjusted predicted~~	113232
~~funding need calculated under division (I) of this section.~~	113233

~~(2) A renewed contract shall be assigned a payment amount in~~	113234
~~accordance with division (K) of this section.~~	113235

~~(3) When a contractor relocates a home to another site at~~	113236
~~which residential services are provided to the same individuals,~~	113237
~~the payment amount assigned to the contract for the new home shall~~	113238
~~be the payment amount assigned to the contract at the previous~~	113239
~~location.~~	113240

~~(F)(1) Annually, a contractor shall complete an assessment of~~	113241
~~each individual to whom the contractor provides residential~~	113242
~~services to predict the individual's need for routine direct~~	113243
~~services staff. The department shall establish by rule adopted in~~	113244
~~accordance with Chapter 119. of the Revised Code the assessment~~	113245
~~instrument to be used by contractors to make assessments.~~	113246
~~Assessments shall be submitted to the department not later than~~	113247
~~the thirty-first day of January of each year.~~	113248

~~A contractor shall submit a revised assessment for an~~	113249
~~individual if there is a substantial, long-term change in the~~	113250
~~nature of the individual's needs. A contractor shall submit~~	113251
~~revised assessments for all individuals receiving residential~~	113252
~~services if there is a change in the composition of the home's~~	113253
~~residents.~~	113254

~~(2) Annually, a contractor shall submit a cost report to the~~	113255
~~department specifying the costs incurred in providing residential~~	113256
~~services during the immediately preceding calendar year. Only~~	113257
~~costs actually incurred by a contractor shall be reported on a~~	113258
~~cost report. Cost reports shall be prepared according to a uniform~~	113259
~~chart of accounts approved by the department and shall be~~	113260
~~submitted on forms prescribed by the department.~~	113261

~~(3) The department shall not renew the contract held by a~~	113262
~~contractor who fails to submit the assessments or cost reports~~	113263
~~required under this division.~~	113264

~~(4) The department shall adopt rules as necessary regarding~~	113265
~~the submission of assessments and cost reports under this~~	113266
~~division. The rules shall be adopted in accordance with Chapter~~	113267
~~119. of the Revised Code.~~	113268

~~(G) Prior to renewing a contract entered into under this~~	113269
~~section, the department shall compute the contract's total~~	113270
~~predicted funding need and total adjusted predicted funding need.~~	113271
~~The department shall also compute the contract's unmet funding~~	113272
~~need if the payment amount assigned to the contract is less than~~	113273
~~the total adjusted predicted funding need. The results of these~~	113274
~~calculations shall be used to determine the payment amount~~	113275
~~assigned to the renewed contract.~~	113276

~~(H)(1) A contract's total predicted funding need is an amount~~	113277
~~equal to the sum of the predicted funding needs for the following~~	113278
~~cost categories:~~	113279

~~(a) Routine direct services staff;~~

113280

~~(b) Dietary, program supplies, and specialized staff;~~

113281

~~(c) Facility and general services;~~

113282

~~(d) Administration.~~

113283

~~(2) Based on the assessments submitted by the contractor, the~~	113284
~~department shall compute the contract's predicted funding need for~~	113285
~~the routine direct services staff cost category by multiplying the~~	113286
~~number of direct services staff predicted to be necessary for the~~	113287
~~home by the sum of the following:~~	113288

~~(a) Entry level wages paid during the immediately preceding~~	113289
~~cost reporting period to comparable staff employed by the county~~	113290
~~board of developmental disabilities of the county in which the~~	113291
~~home is located;~~	113292

~~(b) Fringe benefits and payroll taxes as determined by the~~	113293
~~department using state civil service statistics from the same~~	113294
~~period as the cost reporting period.~~	113295

~~(3) The department shall establish by rule adopted in~~	113296
~~accordance with Chapter 119. of the Revised Code the method to be~~	113297
~~used to compute the predicted funding need for the dietary,~~	113298
~~program supplies, and specialized staff cost category; the~~	113299
~~facility and general services cost category; and the~~	113300
~~administration cost category. The rules shall not establish a~~	113301
~~maximum amount that may be attributed to the dietary, program~~	113302
~~supplies, and specialized staff cost category. The rules shall~~	113303
~~establish a process for determining the combined maximum amount~~	113304
~~that may be attributed to the facility and general services cost~~	113305
~~category and the administration cost category.~~	113306

~~(I)(1) A contract's total adjusted predicted funding need is~~	113307
~~the contract's total predicted funding need with adjustments made~~	113308
~~for the following:~~	113309

~~(a) Inflation, as provided under division (I)(2) of this~~	113310
~~section;~~	113311

~~(b) The predicted cost of complying with new requirements~~	113312
~~established under federal or state law that were not taken into~~	113313
~~consideration when the total predicted funding need was computed;~~	113314

~~(c) Changes in needs based on revised assessments submitted~~	113315
~~by the contractor.~~	113316

~~(2) In adjusting the total predicted funding need for~~	113317
~~inflation, the department shall use either the consumer price~~	113318
~~index compound annual inflation rate calculated by the United~~	113319
~~States department of labor for all items or another index or~~	113320
~~measurement of inflation designated in rules that the department~~	113321
~~shall adopt in accordance with Chapter 119. of the Revised Code.~~	113322

~~When a contract is being renewed for the first time, and the~~	113323
~~contract is to begin on the first day of July, the inflation~~	113324
~~adjustment applied to the contract's total predicted funding need~~	113325
~~shall be the estimated rate of inflation for the calendar year in~~	113326
~~which the contract is renewed. If the consumer price index is~~	113327
~~being used, the department shall base its estimate on the rate of~~	113328
~~inflation calculated for the three-month period ending the~~	113329
~~thirty-first day of March of that calendar year. If another index~~	113330
~~or measurement is being used, the department shall base its~~	113331
~~estimate on the most recent calculations of the rate of inflation~~	113332
~~available under the index or measurement. Each year thereafter,~~	113333
~~the inflation adjustment shall be estimated in the same manner,~~	113334
~~except that if the estimated rate of inflation for a year is~~	113335
~~different from the actual rate of inflation for that year, the~~	113336
~~difference shall be added to or subtracted from the rate of~~	113337
~~inflation estimated for the next succeeding year.~~	113338

~~If a contract begins at any time other than July first, the~~	113339
~~inflation adjustment applied to the contract's total predicted~~	113340
~~funding need shall be determined by a method comparable to that~~	113341
~~used for contracts beginning July first. The department shall~~	113342
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	113343
~~establishing the method to be used.~~	113344

~~(J) A contract's unmet funding need is the difference between~~	113345
~~the payment amount assigned to the contract and the total adjusted~~	113346
~~predicted funding need, if the payment amount assigned is less~~	113347
~~than the total adjusted predicted funding need.~~	113348

~~(K) The payment amount to be assigned to a contract being~~	113349
~~renewed shall be determined by comparing the total adjusted~~	113350
~~predicted funding need with the payment amount assigned to the~~	113351
~~current contract.~~	113352

~~(1) If the payment amount assigned to the current contract~~	113353
~~equals or exceeds the total adjusted predicted funding need, the~~	113354
~~payment amount assigned to the renewed contract shall be the same~~	113355
~~as that assigned to the current contract, unless a reduction is~~	113356
~~made pursuant to division (L) of this section.~~	113357

~~(2) If the payment amount assigned to the current contract is~~	113358
~~less than the total adjusted predicted funding need, the payment~~	113359
~~amount assigned to the renewed contract shall be increased if the~~	113360
~~department determines that funds are available for such increases.~~	113361
~~The amount of a contract's increase shall be the same percentage~~	113362
~~of the available funds that the contract's unmet funding need is~~	113363
~~of the total of the unmet funding need for all contracts.~~	113364

~~(L) When renewing a contract provided for in division (B) of~~	113365
~~this section other than a companion home contract, the department~~	113366
~~may reduce the payment amount assigned to a renewed contract if~~	113367
~~the sum of the contractor's allowable reported costs and the~~	113368
~~maximum efficiency incentive is less than ninety-one and one-half~~	113369
~~per cent of the amount received pursuant to this section during~~	113370
~~the immediately preceding contract year.~~	113371

~~The department shall adopt rules in accordance with Chapter~~	113372
~~119. of the Revised Code establishing a formula to be used in~~	113373
~~computing the maximum efficiency incentive, which shall be at~~	113374
~~least four per cent of the weighted average payment amount to be~~	113375
~~made to all contractors during the contract year. The maximum~~	113376
~~efficiency incentive shall be computed annually.~~	113377

~~(M) The department may increase the payment amount assigned~~	113378
~~to a contract based on the contract's unmet funding need at times~~	113379
~~other than when the contract is renewed. The department may~~	113380
~~develop policies for determining priorities in making such~~	113381
~~increases.~~	113382

~~(N)(1) In addition to the contracts provided for in division~~	113383
~~(B) of this section, the department may enter into the following~~	113384
~~contracts:~~	113385

~~(a) A contract to pay the cost of beginning operation of a~~	113386
~~new home that is to be funded under a companion home contract,~~	113387
~~agency-operated companion home contract, community home contract,~~	113388
~~or combined agency-operated companion home and community home~~	113389
~~contract.~~	113390

~~(b) A contract to pay the cost associated with increasing the~~	113391
~~number of individuals served by a home funded under a companion~~	113392
~~home contract, agency-operated companion home contract, community~~	113393
~~home contract, or combined agency-operated companion home and~~	113394
~~community home contract.~~	113395

~~(2) The department shall adopt rules as necessary regarding~~	113396
~~contracts entered into under this division. The rules shall be~~	113397
~~adopted in accordance with Chapter 119. of the Revised Code.~~	113398

~~(O) Except for companion home contracts, the department shall~~	113399
~~conduct a reconciliation of the amount earned under a contract and~~	113400
~~the actual costs incurred by the contractor. An amount is~~	113401
~~considered to have been earned for delivering a service at the~~	113402
~~time the service is delivered. The department shall adopt rules in~~	113403
~~accordance with Chapter 119. of the Revised Code establishing~~	113404
~~procedures for conducting reconciliations.~~	113405

~~A reconciliation shall be based on the annual cost report~~	113406
~~submitted by the contractor. If a reconciliation reveals that a~~	113407
~~contractor owes money to the state, the amount owed shall be~~	113408
~~collected in accordance with section 5123.051 of the Revised Code.~~	113409

~~When conducting reconciliations, the department shall review~~	113410
~~all reported costs that may be affected by transactions required~~	113411
~~to be reported under division (B)(3) of section 5123.172 of the~~	113412
~~Revised Code. If the department determines that such transactions~~	113413
~~have increased the cost reported by a contractor, the department~~	113414
~~may disallow or adjust the cost allowable for payment. The~~	113415
~~department shall adopt rules in accordance with Chapter 119. of~~	113416
~~the Revised Code establishing standards for disallowances or~~	113417
~~adjustments.~~	113418

~~(P) The department may audit the contracts it enters into~~	113419
~~under this section. Audits may be conducted by the department or~~	113420
~~an entity with which the department contracts to perform the~~	113421
~~audits. The department shall adopt rules in accordance with~~	113422
~~Chapter 119. of the Revised Code establishing procedures for~~	113423
~~conducting audits.~~	113424

~~An audit may include the examination of a contractor's~~	113425
~~financial books and records, the costs incurred by a contractor in~~	113426
~~providing residential services, and any other relevant information~~	113427
~~specified by the department. An audit shall not be commenced more~~	113428
~~than four years after the expiration of the contract to be~~	113429
~~audited, except in cases where the department has reasonable cause~~	113430
~~to believe that a contractor has committed fraud.~~	113431

~~If an audit reveals that a contractor owes money to the~~	113432
~~state, the amount owed, subject to an adjudication hearing under~~	113433
~~this division, shall be collected in accordance with section~~	113434
~~5123.051 of the Revised Code. If an audit reveals that a~~	113435
~~reconciliation conducted under this section resulted in the~~	113436
~~contractor erroneously paying money to the state, the department~~	113437
~~shall refund the money to the contractor, or, in lieu of making a~~	113438
~~refund, the department may offset the erroneous payment against~~	113439
~~any money determined as a result of the audit to be owed by the~~	113440
~~contractor to the state. The department is not required to pay~~	113441
~~interest on any money refunded under this division.~~	113442

~~In conducting audits or making determinations of amounts owed~~	113443
~~by a contractor and amounts to be refunded or offset, the~~	113444
~~department shall not be bound by the results of reconciliations~~	113445
~~conducted under this section, except with regard to cases~~	113446
~~involving claims that have been certified pursuant to section~~	113447
~~5123.051 of the Revised Code to the attorney general for~~	113448
~~collection for which a full and final settlement has been reached~~	113449
~~or a final judgment has been made from which all rights of appeal~~	113450
~~have expired or been exhausted.~~	113451

~~Not later than ninety days after an audit's completion, the~~	113452
~~department shall provide the contractor a copy of a report of the~~	113453
~~audit. The report shall state the findings of the audit, including~~	113454
~~the amount of any money the contractor is determined to owe the~~	113455
~~state.~~	113456

~~(Q) The department shall adopt rules specifying the amount~~	113457
~~that will be allowed under a reconciliation or audit for the cost~~	113458
~~incurred by a contractor for compensation of owners,~~	113459
~~administrators, and other personnel. The rules shall be adopted in~~	113460
~~accordance with Chapter 119. of the Revised Code.~~	113461

~~(R) Each contractor shall, for at least seven years, maintain~~	113462
~~fiscal records related to payments received pursuant to this~~	113463
~~section.~~	113464

~~(S) The department may enter into shared funding agreements~~	113465
~~with other government agencies to fund contracts entered into~~	113466
~~under this section. The amount of each agency's share of the cost~~	113467
~~shall be determined through negotiations with the department. The~~	113468
~~department's share shall not exceed the amount it would have paid~~	113469
~~without entering into the shared funding agreement, nor shall it~~	113470
~~be reduced by any amounts contributed by the other parties to the~~	113471
~~agreement.~~	113472

~~(T) Except as provided in section 5123.194 of the Revised~~	113473
~~Code, an individual who receives residential services pursuant to~~	113474
~~divisions (A) through (U) of this section and the individual's~~	113475
~~liable relatives or guardians shall pay support charges in~~	113476
~~accordance with Chapter 5121. of the Revised Code.~~	113477

~~(U) The department may make reimbursements or payments for~~	113478
~~any of the following pursuant to rules adopted under this~~	113479
~~division:~~	113480

~~(1) Unanticipated, nonrecurring costs associated with the~~	113481
~~health or habilitation of a person who resides in a home funded~~	113482
~~under a contract provided for in division (B) of this section;~~	113483

~~(2) The cost of staff development training for contractors if~~	113484
~~the director of developmental disabilities has given prior~~	113485
~~approval for the training;~~	113486

~~(3) Fixed costs that the department, pursuant to the rules,~~	113487
~~determines relate to the continued operation of a home funded~~	113488
~~under a contract provided for in division (B) of this section when~~	113489
~~a short term vacancy occurs and the contractor has diligently~~	113490
~~attempted to fill the vacancy.~~	113491

~~The department shall adopt rules in accordance with Chapter~~	113492
~~119. of the Revised Code establishing standards for use in~~	113493
~~determining which costs it may make payment or reimbursements for~~	113494
~~under this division.~~	113495

~~(V) In addition to the rules required or authorized to be~~	113496
~~adopted under this section, the department may adopt any other~~	113497
~~rules necessary to implement divisions (A) through (U) of this~~	113498
~~section. The rules shall be adopted in accordance with Chapter~~	113499
~~119. of the Revised Code.~~	113500

~~(W) The department may delegate to county boards of~~	113501
~~developmental disabilities its authority under this section to~~	113502
~~negotiate and enter into contracts or subcontracts for residential~~	113503
~~services. In the event that it elects to delegate its authority,~~	113504
~~the department shall adopt rules in accordance with Chapter 119.~~	113505
~~of the Revised Code for the boards' administration of the~~	113506
~~contracts or subcontracts. In administering the contracts or~~	113507
~~subcontracts, the boards shall be subject to all applicable~~	113508
~~provisions of Chapter 5126. of the Revised Code and shall not be~~	113509
~~subject to the provisions of divisions (A) to (V) of this section.~~	113510

~~Subject to the department's rules, a board may require the~~	113511
~~following to contribute to the cost of the residential services an~~	113512
~~individual receives pursuant to this division: the individual or~~	113513
~~the individual's estate, the individual's spouse, the individual's~~	113514
~~guardian, and, if the individual is under age eighteen, either or~~	113515
~~both of the individual's parents. Chapter 5121. of the Revised~~	113516
~~Code shall not apply to individuals or entities that are subject~~	113517
~~to making contributions under this division. In calculating~~	113518
~~contributions to be made under this division, a board, subject to~~	113519
~~the department's rules, may allow an amount to be kept for meeting~~	113520
~~the personal needs of the individual who receives residential~~	113521
~~services.~~	113522

Sec. 5123.19. (A) As used in this section and in sections	113523
5123.191, ~~5123.193,~~ 5123.194, 5123.196, 5123.197, 5123.198, and	113524
5123.20 of the Revised Code:	113525

(1)(a) "Residential facility" means a home or facility in	113526
which a mentally retarded or developmentally disabled person	113527
resides, except the home of a relative or legal guardian in which	113528
a mentally retarded or developmentally disabled person resides, a	113529
respite care home certified under section 5126.05 of the Revised	113530
Code, a county home or district home operated pursuant to Chapter	113531
5155. of the Revised Code, or a dwelling in which the only	113532
mentally retarded or developmentally disabled residents are in an	113533
independent living arrangement or are being provided supported	113534
living.	113535

(b) "Intermediate care facility for the mentally retarded"	113536
means a residential facility that is considered an intermediate	113537
care facility for the mentally retarded for the purposes of	113538
Chapter 5111. of the Revised Code.	113539

(2) "Political subdivision" means a municipal corporation,	113540
county, or township.	113541

(3) "Independent living arrangement" means an arrangement in	113542
which a mentally retarded or developmentally disabled person	113543
resides in an individualized setting chosen by the person or the	113544
person's guardian, which is not dedicated principally to the	113545
provision of residential services for mentally retarded or	113546
developmentally disabled persons, and for which no financial	113547
support is received for rendering such service from any	113548
governmental agency by a provider of residential services.	113549

(4) "Licensee" means the person or government agency that has	113550
applied for a license to operate a residential facility and to	113551
which the license was issued under this section.	113552

(5) "Related party" has the same meaning as in section	113553
5123.16 of the Revised Code except that "provider" as used in the	113554
definition of "related party" means a person or government entity	113555
that held or applied for a license to operate a residential	113556
facility, rather than a person or government entity certified to	113557
provide supported living.	113558

(B) Every person or government agency desiring to operate a	113559
residential facility shall apply for licensure of the facility to	113560
the director of developmental disabilities unless the residential	113561
facility is subject to section 3721.02, ~~3722.04~~5119.73, 5103.03,	113562
or 5119.20 of the Revised Code. Notwithstanding Chapter 3721. of	113563
the Revised Code, a nursing home that is certified as an	113564
intermediate care facility for the mentally retarded under Title	113565
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A.	113566
1396, as amended, shall apply for licensure of the portion of the	113567
home that is certified as an intermediate care facility for the	113568
mentally retarded.	113569

(C) Subject to section 5123.196 of the Revised Code, the	113570
director of developmental disabilities shall license the operation	113571
of residential facilities. An initial license shall be issued for	113572
a period that does not exceed one year, unless the director denies	113573
the license under division (D) of this section. A license shall be	113574
renewed for a period that does not exceed three years, unless the	113575
director refuses to renew the license under division (D) of this	113576
section. The director, when issuing or renewing a license, shall	113577
specify the period for which the license is being issued or	113578
renewed. A license remains valid for the length of the licensing	113579
period specified by the director, unless the license is	113580
terminated, revoked, or voluntarily surrendered.	113581

(D) If it is determined that an applicant or licensee is not	113582
in compliance with a provision of this chapter that applies to	113583
residential facilities or the rules adopted under such a	113584
provision, the director may deny issuance of a license, refuse to	113585
renew a license, terminate a license, revoke a license, issue an	113586
order for the suspension of admissions to a facility, issue an	113587
order for the placement of a monitor at a facility, issue an order	113588
for the immediate removal of residents, or take any other action	113589
the director considers necessary consistent with the director's	113590
authority under this chapter regarding residential facilities. In	113591
the director's selection and administration of the sanction to be	113592
imposed, all of the following apply:	113593

(1) The director may deny, refuse to renew, or revoke a	113594
license, if the director determines that the applicant or licensee	113595
has demonstrated a pattern of serious noncompliance or that a	113596
violation creates a substantial risk to the health and safety of	113597
residents of a residential facility.	113598

(2) The director may terminate a license if more than twelve	113599
consecutive months have elapsed since the residential facility was	113600
last occupied by a resident or a notice required by division (K)	113601
of this section is not given.	113602

(3) The director may issue an order for the suspension of	113603
admissions to a facility for any violation that may result in	113604
sanctions under division (D)(1) of this section and for any other	113605
violation specified in rules adopted under division (H)(2) of this	113606
section. If the suspension of admissions is imposed for a	113607
violation that may result in sanctions under division (D)(1) of	113608
this section, the director may impose the suspension before	113609
providing an opportunity for an adjudication under Chapter 119. of	113610
the Revised Code. The director shall lift an order for the	113611
suspension of admissions when the director determines that the	113612
violation that formed the basis for the order has been corrected.	113613

(4) The director may order the placement of a monitor at a	113614
residential facility for any violation specified in rules adopted	113615
under division (H)(2) of this section. The director shall lift the	113616
order when the director determines that the violation that formed	113617
the basis for the order has been corrected.	113618

(5) If the director determines that two or more residential	113619
facilities owned or operated by the same person or government	113620
entity are not being operated in compliance with a provision of	113621
this chapter that applies to residential facilities or the rules	113622
adopted under such a provision, and the director's findings are	113623
based on the same or a substantially similar action, practice,	113624
circumstance, or incident that creates a substantial risk to the	113625
health and safety of the residents, the director shall conduct a	113626
survey as soon as practicable at each residential facility owned	113627
or operated by that person or government entity. The director may	113628
take any action authorized by this section with respect to any	113629
facility found to be operating in violation of a provision of this	113630
chapter that applies to residential facilities or the rules	113631
adopted under such a provision.	113632

(6) When the director initiates license revocation	113633
proceedings, no opportunity for submitting a plan of correction	113634
shall be given. The director shall notify the licensee by letter	113635
of the initiation of the proceedings. The letter shall list the	113636
deficiencies of the residential facility and inform the licensee	113637
that no plan of correction will be accepted. The director shall	113638
also send a copy of the letter to the county board of	113639
developmental disabilities. The county board shall send a copy of	113640
the letter to each of the following:	113641

(a) Each resident who receives services from the licensee;

113642

(b) The guardian of each resident who receives services from	113643
the licensee if the resident has a guardian;	113644

(c) The parent or guardian of each resident who receives	113645
services from the licensee if the resident is a minor.	113646

(7) Pursuant to rules which shall be adopted in accordance	113647
with Chapter 119. of the Revised Code, the director may order the	113648
immediate removal of residents from a residential facility	113649
whenever conditions at the facility present an immediate danger of	113650
physical or psychological harm to the residents.	113651

(8) In determining whether a residential facility is being	113652
operated in compliance with a provision of this chapter that	113653
applies to residential facilities or the rules adopted under such	113654
a provision, or whether conditions at a residential facility	113655
present an immediate danger of physical or psychological harm to	113656
the residents, the director may rely on information obtained by a	113657
county board of developmental disabilities or other governmental	113658
agencies.	113659

(9) In proceedings initiated to deny, refuse to renew, or	113660
revoke licenses, the director may deny, refuse to renew, or revoke	113661
a license regardless of whether some or all of the deficiencies	113662
that prompted the proceedings have been corrected at the time of	113663
the hearing.	113664

(E) The director shall establish a program under which public	113665
notification may be made when the director has initiated license	113666
revocation proceedings or has issued an order for the suspension	113667
of admissions, placement of a monitor, or removal of residents.	113668
The director shall adopt rules in accordance with Chapter 119. of	113669
the Revised Code to implement this division. The rules shall	113670
establish the procedures by which the public notification will be	113671
made and specify the circumstances for which the notification must	113672
be made. The rules shall require that public notification be made	113673
if the director has taken action against the facility in the	113674
eighteen-month period immediately preceding the director's latest	113675
action against the facility and the latest action is being taken	113676
for the same or a substantially similar violation of a provision	113677
of this chapter that applies to residential facilities or the	113678
rules adopted under such a provision. The rules shall specify a	113679
method for removing or amending the public notification if the	113680
director's action is found to have been unjustified or the	113681
violation at the residential facility has been corrected.	113682

(F)(1) Except as provided in division (F)(2) of this section,	113683
appeals from proceedings initiated to impose a sanction under	113684
division (D) of this section shall be conducted in accordance with	113685
Chapter 119. of the Revised Code.	113686

(2) Appeals from proceedings initiated to order the	113687
suspension of admissions to a facility shall be conducted in	113688
accordance with Chapter 119. of the Revised Code, unless the order	113689
was issued before providing an opportunity for an adjudication, in	113690
which case all of the following apply:	113691

(a) The licensee may request a hearing not later than ten	113692
days after receiving the notice specified in section 119.07 of the	113693
Revised Code.	113694

(b) If a timely request for a hearing that includes the	113695
licensee's current address is made, the hearing shall commence not	113696
later than thirty days after the department receives the request.	113697

(c) After commencing, the hearing shall continue	113698
uninterrupted, except for Saturdays, Sundays, and legal holidays,	113699
unless other interruptions are agreed to by the licensee and the	113700
director.	113701

(d) If the hearing is conducted by a hearing examiner, the	113702
hearing examiner shall file a report and recommendations not later	113703
than ten days after the last of the following:	113704

(i) The close of the hearing;

113705

(ii) If a transcript of the proceedings is ordered, the	113706
hearing examiner receives the transcript;	113707

(iii) If post-hearing briefs are timely filed, the hearing	113708
examiner receives the briefs.	113709

(e) A copy of the written report and recommendation of the	113710
hearing examiner shall be sent, by certified mail, to the licensee	113711
and the licensee's attorney, if applicable, not later than five	113712
days after the report is filed.	113713

(f) Not later than five days after the hearing examiner files	113714
the report and recommendations, the licensee may file objections	113715
to the report and recommendations.	113716

(g) Not later than fifteen days after the hearing examiner	113717
files the report and recommendations, the director shall issue an	113718
order approving, modifying, or disapproving the report and	113719
recommendations.	113720

(h) Notwithstanding the pendency of the hearing, the director	113721
shall lift the order for the suspension of admissions when the	113722
director determines that the violation that formed the basis for	113723
the order has been corrected.	113724

(G) Neither a person or government agency whose application	113725
for a license to operate a residential facility is denied nor a	113726
related party of the person or government agency may apply for a	113727
license to operate a residential facility before the date that is	113728
one year after the date of the denial. Neither a licensee whose	113729
residential facility license is revoked nor a related party of the	113730
licensee may apply for a residential facility license before the	113731
date that is five years after the date of the revocation.	113732

(H) In accordance with Chapter 119. of the Revised Code, the	113733
director shall adopt and may amend and rescind rules for licensing	113734
and regulating the operation of residential facilities, including	113735
intermediate care facilities for the mentally retarded. The rules	113736
for intermediate care facilities for the mentally retarded may	113737
differ from those for other residential facilities. The rules	113738
shall establish and specify the following:	113739

(1) Procedures and criteria for issuing and renewing	113740
licenses, including procedures and criteria for determining the	113741
length of the licensing period that the director must specify for	113742
each license when it is issued or renewed;	113743

(2) Procedures and criteria for denying, refusing to renew,	113744
terminating, and revoking licenses and for ordering the suspension	113745
of admissions to a facility, placement of a monitor at a facility,	113746
and the immediate removal of residents from a facility;	113747

(3) Fees for issuing and renewing licenses, which shall be	113748
deposited into the program fee fund created under section 5123.033	113749
of the Revised Code;	113750

(4) Procedures for surveying residential facilities;

113751

(5) Requirements for the training of residential facility	113752
personnel;	113753

(6) Classifications for the various types of residential	113754
facilities;	113755

(7) Certification procedures for licensees and management	113756
contractors that the director determines are necessary to ensure	113757
that they have the skills and qualifications to properly operate	113758
or manage residential facilities;	113759

(8) The maximum number of persons who may be served in a	113760
particular type of residential facility;	113761

(9) Uniform procedures for admission of persons to and	113762
transfers and discharges of persons from residential facilities;	113763

(10) Other standards for the operation of residential	113764
facilities and the services provided at residential facilities;	113765

(11) Procedures for waiving any provision of any rule adopted	113766
under this section.	113767

(I) Before issuing a license, the director of the department	113768
or the director's designee shall conduct a survey of the	113769
residential facility for which application is made. The director	113770
or the director's designee shall conduct a survey of each licensed	113771
residential facility at least once during the period the license	113772
is valid and may conduct additional inspections as needed. A	113773
survey includes but is not limited to an on-site examination and	113774
evaluation of the residential facility, its personnel, and the	113775
services provided there.	113776

In conducting surveys, the director or the director's	113777
designee shall be given access to the residential facility; all	113778
records, accounts, and any other documents related to the	113779
operation of the facility; the licensee; the residents of the	113780
facility; and all persons acting on behalf of, under the control	113781
of, or in connection with the licensee. The licensee and all	113782
persons on behalf of, under the control of, or in connection with	113783
the licensee shall cooperate with the director or the director's	113784
designee in conducting the survey.	113785

Following each survey, unless the director initiates a	113786
license revocation proceeding, the director or the director's	113787
designee shall provide the licensee with a report listing any	113788
deficiencies, specifying a timetable within which the licensee	113789
shall submit a plan of correction describing how the deficiencies	113790
will be corrected, and, when appropriate, specifying a timetable	113791
within which the licensee must correct the deficiencies. After a	113792
plan of correction is submitted, the director or the director's	113793
designee shall approve or disapprove the plan. A copy of the	113794
report and any approved plan of correction shall be provided to	113795
any person who requests it.	113796

The director shall initiate disciplinary action against any	113797
department employee who notifies or causes the notification to any	113798
unauthorized person of an unannounced survey of a residential	113799
facility by an authorized representative of the department.	113800

(J) In addition to any other information which may be	113801
required of applicants for a license pursuant to this section, the	113802
director shall require each applicant to provide a copy of an	113803
approved plan for a proposed residential facility pursuant to	113804
section 5123.042 of the Revised Code. This division does not apply	113805
to renewal of a license or to an applicant for an initial or	113806
modified license who meets the requirements of section 5123.193 or	113807
5123.197 of the Revised Code.	113808

(K) A licensee shall notify the owner of the building in	113809
which the licensee's residential facility is located of any	113810
significant change in the identity of the licensee or management	113811
contractor before the effective date of the change if the licensee	113812
is not the owner of the building.	113813

Pursuant to rules which shall be adopted in accordance with	113814
Chapter 119. of the Revised Code, the director may require	113815
notification to the department of any significant change in the	113816
ownership of a residential facility or in the identity of the	113817
licensee or management contractor. If the director determines that	113818
a significant change of ownership is proposed, the director shall	113819
consider the proposed change to be an application for development	113820
by a new operator pursuant to section 5123.042 of the Revised Code	113821
and shall advise the applicant within sixty days of the	113822
notification that the current license shall continue in effect or	113823
a new license will be required pursuant to this section. If the	113824
director requires a new license, the director shall permit the	113825
facility to continue to operate under the current license until	113826
the new license is issued, unless the current license is revoked,	113827
refused to be renewed, or terminated in accordance with Chapter	113828
119. of the Revised Code.	113829

(L) A county board of developmental disabilities, the legal	113830
rights service, and any interested person may file complaints	113831
alleging violations of statute or department rule relating to	113832
residential facilities with the department. All complaints shall	113833
be in writing and shall state the facts constituting the basis of	113834
the allegation. The department shall not reveal the source of any	113835
complaint unless the complainant agrees in writing to waive the	113836
right to confidentiality or until so ordered by a court of	113837
competent jurisdiction.	113838

The department shall adopt rules in accordance with Chapter	113839
119. of the Revised Code establishing procedures for the receipt,	113840
referral, investigation, and disposition of complaints filed with	113841
the department under this division.	113842

(M) The department shall establish procedures for the	113843
notification of interested parties of the transfer or interim care	113844
of residents from residential facilities that are closing or are	113845
losing their license.	113846

(N) Before issuing a license under this section to a	113847
residential facility that will accommodate at any time more than	113848
one mentally retarded or developmentally disabled individual, the	113849
director shall, by first class mail, notify the following:	113850

(1) If the facility will be located in a municipal	113851
corporation, the clerk of the legislative authority of the	113852
municipal corporation;	113853

(2) If the facility will be located in unincorporated	113854
territory, the clerk of the appropriate board of county	113855
commissioners and the fiscal officer of the appropriate board of	113856
township trustees.	113857

The director shall not issue the license for ten days after	113858
mailing the notice, excluding Saturdays, Sundays, and legal	113859
holidays, in order to give the notified local officials time in	113860
which to comment on the proposed issuance.	113861

Any legislative authority of a municipal corporation, board	113862
of county commissioners, or board of township trustees that	113863
receives notice under this division of the proposed issuance of a	113864
license for a residential facility may comment on it in writing to	113865
the director within ten days after the director mailed the notice,	113866
excluding Saturdays, Sundays, and legal holidays. If the director	113867
receives written comments from any notified officials within the	113868
specified time, the director shall make written findings	113869
concerning the comments and the director's decision on the	113870
issuance of the license. If the director does not receive written	113871
comments from any notified local officials within the specified	113872
time, the director shall continue the process for issuance of the	113873
license.	113874

(O) Any person may operate a licensed residential facility	113875
that provides room and board, personal care, habilitation	113876
services, and supervision in a family setting for at least six but	113877
not more than eight persons with mental retardation or a	113878
developmental disability as a permitted use in any residential	113879
district or zone, including any single-family residential district	113880
or zone, of any political subdivision. These residential	113881
facilities may be required to comply with area, height, yard, and	113882
architectural compatibility requirements that are uniformly	113883
imposed upon all single-family residences within the district or	113884
zone.	113885

(P) Any person may operate a licensed residential facility	113886
that provides room and board, personal care, habilitation	113887
services, and supervision in a family setting for at least nine	113888
but not more than sixteen persons with mental retardation or a	113889
developmental disability as a permitted use in any multiple-family	113890
residential district or zone of any political subdivision, except	113891
that a political subdivision that has enacted a zoning ordinance	113892
or resolution establishing planned unit development districts may	113893
exclude these residential facilities from those districts, and a	113894
political subdivision that has enacted a zoning ordinance or	113895
resolution may regulate these residential facilities in	113896
multiple-family residential districts or zones as a conditionally	113897
permitted use or special exception, in either case, under	113898
reasonable and specific standards and conditions set out in the	113899
zoning ordinance or resolution to:	113900

(1) Require the architectural design and site layout of the	113901
residential facility and the location, nature, and height of any	113902
walls, screens, and fences to be compatible with adjoining land	113903
uses and the residential character of the neighborhood;	113904

(2) Require compliance with yard, parking, and sign	113905
regulation;	113906

(3) Limit excessive concentration of these residential	113907
facilities.	113908

(Q) This section does not prohibit a political subdivision	113909
from applying to residential facilities nondiscriminatory	113910
regulations requiring compliance with health, fire, and safety	113911
regulations and building standards and regulations.	113912

(R) Divisions (O) and (P) of this section are not applicable	113913
to municipal corporations that had in effect on June 15, 1977, an	113914
ordinance specifically permitting in residential zones licensed	113915
residential facilities by means of permitted uses, conditional	113916
uses, or special exception, so long as such ordinance remains in	113917
effect without any substantive modification.	113918

(S)(1) The director may issue an interim license to operate a	113919
residential facility to an applicant for a license under this	113920
section if either of the following is the case:	113921

(a) The director determines that an emergency exists	113922
requiring immediate placement of persons in a residential	113923
facility, that insufficient licensed beds are available, and that	113924
the residential facility is likely to receive a permanent license	113925
under this section within thirty days after issuance of the	113926
interim license.	113927

(b) The director determines that the issuance of an interim	113928
license is necessary to meet a temporary need for a residential	113929
facility.	113930

(2) To be eligible to receive an interim license, an	113931
applicant must meet the same criteria that must be met to receive	113932
a permanent license under this section, except for any differing	113933
procedures and time frames that may apply to issuance of a	113934
permanent license.	113935

(3) An interim license shall be valid for thirty days and may	113936
be renewed by the director for a period not to exceed one hundred	113937
fifty days.	113938

(4) The director shall adopt rules in accordance with Chapter	113939
119. of the Revised Code as the director considers necessary to	113940
administer the issuance of interim licenses.	113941

(T) Notwithstanding rules adopted pursuant to this section	113942
establishing the maximum number of persons who may be served in a	113943
particular type of residential facility, a residential facility	113944
shall be permitted to serve the same number of persons being	113945
served by the facility on the effective date of the rules or the	113946
number of persons for which the facility is authorized pursuant to	113947
a current application for a certificate of need with a letter of	113948
support from the department of developmental disabilities and	113949
which is in the review process prior to April 4, 1986.	113950

(U) The director or the director's designee may enter at any	113951
time, for purposes of investigation, any home, facility, or other	113952
structure that has been reported to the director or that the	113953
director has reasonable cause to believe is being operated as a	113954
residential facility without a license issued under this section.	113955

The director may petition the court of common pleas of the	113956
county in which an unlicensed residential facility is located for	113957
an order enjoining the person or governmental agency operating the	113958
facility from continuing to operate without a license. The court	113959
may grant the injunction on a showing that the person or	113960
governmental agency named in the petition is operating a	113961
residential facility without a license. The court may grant the	113962
injunction, regardless of whether the residential facility meets	113963
the requirements for receiving a license under this section.	113964

Sec. 5123.191. (A) The court of common pleas or a judge	113965
thereof in the judge's county, or the probate court, may appoint a	113966
receiver to take possession of and operate a residential facility	113967
licensed by the department of developmental disabilities, in	113968
causes pending in such courts respectively, when conditions	113969
existing at the facility present a substantial risk of physical or	113970
mental harm to residents and no other remedies at law are adequate	113971
to protect the health, safety, and welfare of the residents.	113972
Conditions at the facility that may present such risk of harm	113973
include, but are not limited to, instances when any of the	113974
following occur:	113975

(1) The residential facility is in violation of state or	113976
federal law or regulations.	113977

(2) The facility has had its license revoked or procedures	113978
for revocation have been initiated, or the facility is closing or	113979
intends to cease operations.	113980

(3) Arrangements for relocating residents need to be made.

113981

(4) Insolvency of the operator, licensee, or landowner	113982
threatens the operation of the facility.	113983

(5) The facility or operator has demonstrated a pattern and	113984
practice of repeated violations of state or federal laws or	113985
regulations.	113986

(B) A court in which a petition is filed pursuant to this	113987
section shall notify the person holding the license for the	113988
facility and the department of developmental disabilities of the	113989
filing. The court shall order the department to notify the legal	113990
rights service, facility owner, facility operator, county board of	113991
developmental disabilities, facility residents, and residents'	113992
parents and guardians of the filing of the petition.	113993

The court shall provide a hearing on the petition within five	113994
court days of the time it was filed, except that the court may	113995
appoint a receiver prior to that time if it determines that the	113996
circumstances necessitate such action. Following a hearing on the	113997
petition, and upon a determination that the appointment of a	113998
receiver is warranted, the court shall appoint a receiver and	113999
notify the department of developmental disabilities and	114000
appropriate persons of this action.	114001

(C) A residential facility for which a receiver has been	114002
named is deemed to be in compliance with section 5123.19 and	114003
Chapter 3721. of the Revised Code for the duration of the	114004
receivership.	114005

(D) When the operating revenue of a residential facility in	114006
receivership is insufficient to meet its operating expenses,	114007
including the cost of bringing the facility into compliance with	114008
state or federal laws or regulations, the court may order the	114009
state to provide necessary funding, except as provided in division	114010
(K) of this section. The state shall provide such funding, subject	114011
to the approval of the controlling board. The court may also order	114012
the appropriate authorities to expedite all inspections necessary	114013
for the issuance of licenses or the certification of a facility,	114014
and order a facility to be closed if it determines that reasonable	114015
efforts cannot bring the facility into substantial compliance with	114016
the law.	114017

(E) In establishing a receivership, the court shall set forth	114018
the powers and duties of the receiver. The court may generally	114019
authorize the receiver to do all that is prudent and necessary to	114020
safely and efficiently operate the residential facility within the	114021
requirements of state and federal law, but shall require the	114022
receiver to obtain court approval prior to making any single	114023
expenditure of more than five thousand dollars to correct	114024
deficiencies in the structure or furnishings of a facility. The	114025
court shall closely review the conduct of the receiver it has	114026
appointed and shall require regular and detailed reports. The	114027
receivership shall be reviewed at least every sixty days.	114028

(F) A receivership established pursuant to this section shall	114029
be terminated, following notification of the appropriate parties	114030
and a hearing, if the court determines either of the following:	114031

(1) The residential facility has been closed and the former	114032
residents have been relocated to an appropriate facility.	114033

(2) Circumstances no longer exist at the facility that	114034
present a substantial risk of physical or mental harm to	114035
residents, and there is no deficiency in the facility that is	114036
likely to create a future risk of harm.	114037

Notwithstanding division (F)(2) of this section, the court	114038
shall not terminate a receivership for a residential facility that	114039
has previously operated under another receivership unless the	114040
responsibility for the operation of the facility is transferred to	114041
an operator approved by the court and the department of	114042
developmental disabilities.	114043

(G) The department of developmental disabilities may, upon	114044
its own initiative or at the request of an owner, operator, or	114045
resident of a residential facility, or at the request of a	114046
resident's guardian or relative, a county board of developmental	114047
disabilities, or the legal rights service, petition the court to	114048
appoint a receiver to take possession of and operate a residential	114049
facility. When the department has been requested to file a	114050
petition by any of the parties listed above, it shall, within	114051
forty-eight hours of such request, either file such a petition or	114052
notify the requesting party of its decision not to file. If the	114053
department refuses to file, the requesting party may file a	114054
petition with the court requesting the appointment of a receiver	114055
to take possession of and operate a residential facility.	114056

Petitions filed pursuant to this division shall include the	114057
following:	114058

(1) A description of the specific conditions existing at the	114059
facility which present a substantial risk of physical or mental	114060
harm to residents;	114061

(2) A statement of the absence of other adequate remedies at	114062
law;	114063

(3) The number of individuals residing at the facility;

114064

(4) A statement that the facts have been brought to the	114065
attention of the owner or licensee and that conditions have not	114066
been remedied within a reasonable period of time or that the	114067
conditions, though remedied periodically, habitually exist at the	114068
facility as a pattern or practice;	114069

(5) The name and address of the person holding the license	114070
for the facility and the address of the department of	114071
developmental disabilities.	114072

The court may award to an operator appropriate costs and	114073
expenses, including reasonable attorney's fees, if it determines	114074
that a petitioner has initiated a proceeding in bad faith or	114075
merely for the purpose of harassing or embarrassing the operator.	114076

(H) Except for the department of developmental disabilities	114077
or a county board of developmental disabilities, no party or	114078
person interested in an action shall be appointed a receiver	114079
pursuant to this section.	114080

To assist the court in identifying persons qualified to be	114081
named as receivers, the director of developmental disabilities or	114082
the director's designee shall maintain a list of the names of such	114083
persons. The director shall, in accordance with Chapter 119. of	114084
the Revised Code, establish standards for evaluating persons	114085
desiring to be included on such a list.	114086

(I) Before a receiver enters upon the duties of that person,	114087
the receiver must be sworn to perform the duties of receiver	114088
faithfully, and, with surety approved by the court, judge, or	114089
clerk, execute a bond to such person, and in such sum as the court	114090
or judge directs, to the effect that such receiver will faithfully	114091
discharge the duties of receiver in the action, and obey the	114092
orders of the court therein.	114093

(J) Under the control of the appointing court, a receiver may	114094
bring and defend actions in the receiver's own name as receiver	114095
and take and keep possession of property.	114096

The court shall authorize the receiver to do the following:

114097

(1) Collect payment for all goods and services provided to	114098
the residents or others during the period of the receivership at	114099
the same rate as was charged by the licensee at the time the	114100
petition for receivership was filed, unless a different rate is	114101
set by the court;	114102

(2) Honor all leases, mortgages, and secured transactions	114103
governing all buildings, goods, and fixtures of which the receiver	114104
has taken possession and continues to use, subject to the	114105
following conditions:	114106

(a) In the case of a rental agreement, only to the extent of	114107
payments that are for the use of the property during the period of	114108
the receivership;	114109

(b) In the case of a purchase agreement only to the extent of	114110
payments that come due during the period of the receivership;	114111

~~(c) If the court determines that the cost of the lease,~~	114112
~~mortgage, or secured transaction was increased by a transaction~~	114113
~~required to be reported under division (B)(3) of section 5123.172~~	114114
~~of the Revised Code, only to the extent determined by the court to~~	114115
~~be the fair market value for use of the property during the period~~	114116
~~of the receivership~~.	114117

(3) If transfer of residents is necessary, provide for the	114118
orderly transfer of residents by doing the following:	114119

(a) Cooperating with all appropriate state and local agencies	114120
in carrying out the transfer of residents to alternative community	114121
placements;	114122

(b) Providing for the transportation of residents' belongings	114123
and records;	114124

(c) Helping to locate alternative placements and develop	114125
discharge plans;	114126

(d) Preparing residents for the trauma of discharge;

114127

(e) Permitting residents or guardians to participate in	114128
transfer or discharge planning except when an emergency exists and	114129
immediate transfer is necessary.	114130

(4) Make periodic reports on the status of the residential	114131
program to the appropriate state agency, county board of	114132
developmental disabilities, parents, guardians, and residents;	114133

(5) Compromise demands or claims;

114134

(6) Generally do such acts respecting the residential	114135
facility as the court authorizes.	114136

(K) Neither the receiver nor the department of developmental	114137
disabilities is liable for debts incurred by the owner or operator	114138
of a residential facility for which a receiver has been appointed.	114139

(L) The department of developmental disabilities may contract	114140
for the operation of a residential facility in receivership. The	114141
department shall establish the conditions of a contract. A	114142
~~condition may be the same as, similar to, or different from a~~	114143
~~condition established by section 5123.18 of the Revised Code and~~	114144
~~the rules adopted under that section for a contract entered into~~	114145
~~under that section.~~ Notwithstanding any other provision of law,	114146
contracts that are necessary to carry out the powers and duties of	114147
the receiver need not be competitively bid.	114148

(M) The department of developmental disabilities, the	114149
department of job and family services, and the department of	114150
health shall provide technical assistance to any receiver	114151
appointed pursuant to this section.	114152

Sec. 5123.194. In the case of an individual who resides in a	114153
residential facility and is preparing to move into an independent	114154
living arrangement and the individual's liable relative, the	114155
department of developmental disabilities may waive the support	114156
collection requirements of sections 5121.04,and 5123.122~~, and~~	114157
~~5123.18~~ of the Revised Code for the purpose of allowing income or	114158
resources to be used to acquire items necessary for independent	114159
living. The department shall adopt rules in accordance with	114160
section 111.15 of the Revised Code to implement this section,	114161
including rules that establish the method the department shall use	114162
to determine when an individual is preparing to move into an	114163
independent living arrangement.	114164

Sec. 5123.352. There is hereby created in the state treasury	114165
the community developmental disabilities trust fund. The director	114166
of developmental disabilities, not later than sixty days after the	114167
end of each fiscal year, shall certify to the director of budget	114168
and management the amount of all the unexpended, unencumbered	114169
balances of general revenue fund appropriations made to the	114170
department of developmental disabilities for the fiscal year,	114171
excluding appropriations for rental payments to the Ohio public	114172
facilities commission, and the amount of any other funds held by	114173
the department in excess of amounts necessary to meet the	114174
department's operating costs and obligations pursuant to this	114175
chapter and Chapter 5126. of the Revised Code. On receipt of the	114176
certification, the director of budget and management shall	114177
transfer cash to the trust fund in an amount up to, but not	114178
exceeding, the total of the amounts certified by the director of	114179
developmental disabilities, except in cases in which the transfer	114180
will involve more than twenty million dollars. In such cases, the	114181
director of budget and management shall notify the controlling	114182
board and must receive the board's approval of the transfer prior	114183
to making the transfer.	114184

All moneys in the trust fund shall be ~~distributed~~used for	114185
purposes specified in ~~accordance with~~ section ~~5126.19~~5123.0418	114186
of the Revised Code.	114187

Sec. 5123.45. (A) The department of developmental	114188
disabilities shall establish a program under which the department	114189
issues certificates to the following:	114190

(1) MR/DD personnel, for purposes of meeting the requirement	114191
of division (C)(1) of section 5123.42 of the Revised Code to	114192
obtain a certificate or certificates to administer prescribed	114193
medications, perform health-related activities, and perform tube	114194
feedings;	114195

(2) Registered nurses, for purposes of meeting the	114196
requirement of division (B)(1) of section 5123.441 of the Revised	114197
Code to obtain a certificate or certificates to provide the MR/DD	114198
personnel training courses developed under section 5123.43 of the	114199
Revised Code.	114200

(B)(1) Except as provided in division (B)(2) of this section,	114201
to receive a certificate issued under this section, MR/DD	114202
personnel and registered nurses shall successfully complete the	114203
applicable training course or courses and meet all other	114204
applicable requirements established in rules adopted pursuant to	114205
this section. The department shall issue the appropriate	114206
certificate or certificates to MR/DD personnel and registered	114207
nurses who meet the requirements for the certificate or	114208
certificates.	114209

(2) The department shall include provisions in the program	114210
for issuing certificates to ~~the following:~~	114211

~~(a)~~ MR/DD personnel and registered nurses who~~, on March 31,~~	114212
~~2003, are authorized to provide care to individuals with mental~~	114213
~~retardation and developmental disabilities pursuant to section~~	114214
~~5123.193 or sections 5126.351 to 5126.354 of the Revised Code~~were	114215
required to be included in the certificate program pursuant to	114216
division (B)(2) of this section as that division existed	114217
immediately before the effective date of this amendment. ~~A person~~	114218
MR/DD personnel who ~~receives~~receive a certificate under division	114219
(B)(2)~~(a)~~ of this section shall not administer insulin until ~~the~~	114220
~~person has~~they have been trained by a registered nurse who has	114221
received a certificate under this section that allows the	114222
registered nurse to provide training courses to MR/DD personnel in	114223
the administration of insulin.	114224

~~(b) Registered nurses who, on March 31, 2003, are authorized~~	114225
~~to train MR/DD personnel to provide care to individuals with~~	114226
~~mental retardation and developmental disabilities pursuant to~~	114227
~~section 5123.193 or sections 5126.351 to 5126.354 of the Revised~~	114228
~~Code~~. A registered nurse who receives a certificate under division	114229
(B)(2)~~(b)~~ of this section shall not provide training courses to	114230
MR/DD personnel in the administration of insulin unless the	114231
registered nurse completes a course developed under section	114232
5123.44 of the Revised Code that enables the registered nurse to	114233
receive a certificate to provide training courses to MR/DD	114234
personnel in the administration of insulin.	114235

(C) Certificates issued to MR/DD personnel are valid for one	114236
year and may be renewed. Certificates issued to registered nurses	114237
are valid for two years and may be renewed.	114238

To be eligible for renewal, MR/DD personnel and registered	114239
nurses shall meet the applicable continued competency requirements	114240
and continuing education requirements specified in rules adopted	114241
under division (D) of this section. In the case of registered	114242
nurses, continuing nursing education completed in compliance with	114243
the license renewal requirements established under Chapter 4723.	114244
of the Revised Code may be counted toward meeting the continuing	114245
education requirements established in the rules adopted under	114246
division (D) of this section.	114247

(D) In accordance with section 5123.46 of the Revised Code,	114248
the department shall adopt rules that establish all of the	114249
following:	114250

(1) Requirements that MR/DD personnel and registered nurses	114251
must meet to be eligible to take a training course;	114252

(2) Standards that must be met to receive a certificate,	114253
including requirements pertaining to an applicant's criminal	114254
background;	114255

(3) Procedures to be followed in applying for a certificate	114256
and issuing a certificate;	114257

(4) Standards and procedures for renewing a certificate,	114258
including requirements for continuing education and, in the case	114259
of MR/DD personnel who administer prescribed medications,	114260
standards that require successful demonstration of proficiency in	114261
administering prescribed medications;	114262

(5) Standards and procedures for suspending or revoking a	114263
certificate;	114264

(6) Standards and procedures for suspending a certificate	114265
without a hearing pending the outcome of an investigation;	114266

(7) Any other standards or procedures the department	114267
considers necessary to administer the certification program.	114268

Sec. 5123.60. (A) A legal rights service is hereby created	114269
and established to protect and advocate the rights of mentally ill	114270
persons, mentally retarded persons, developmentally disabled	114271
persons, and other disabled persons who may be represented by the	114272
service pursuant to division (L) of this section; to receive and	114273
act upon complaints concerning institutional and hospital	114274
practices and conditions of institutions for mentally retarded or	114275
developmentally disabled persons and hospitals for the mentally	114276
ill; and to assure that all persons detained, hospitalized,	114277
discharged, or institutionalized, and all persons whose detention,	114278
hospitalization, discharge, or institutionalization is sought or	114279
has been sought under this chapter or Chapter 5122. of the Revised	114280
Code are fully informed of their rights and adequately represented	114281
by counsel in proceedings under this chapter or Chapter 5122. of	114282
the Revised Code and in any proceedings to secure the rights of	114283
those persons. Notwithstanding the definitions of "mentally	114284
retarded person" and "developmentally disabled person" in section	114285
5123.01 of the Revised Code, the legal rights service shall	114286
determine who is a mentally retarded or developmentally disabled	114287
person for purposes of this section and sections 5123.601 to	114288
5123.604 of the Revised Code.	114289

(B)(1) In regard to those persons detained, hospitalized, or	114290
institutionalized under Chapter 5122. of the Revised Code, the	114291
legal rights service shall undertake formal representation only of	114292
those persons who are involuntarily detained, hospitalized, or	114293
institutionalized pursuant to sections 5122.10 to 5122.15 of the	114294
Revised Code, and those voluntarily detained, hospitalized, or	114295
institutionalized who are minors, who have been adjudicated	114296
incompetent, who have been detained, hospitalized, or	114297
institutionalized in a public hospital, or who have requested	114298
representation by the legal rights service.	114299

(2) If a person referred to in division (A) of this section	114300
voluntarily requests in writing that the legal rights service	114301
terminate participation in the person's case, such involvement	114302
shall cease.	114303

(3) Persons described in divisions (A) and (B)(1) of this	114304
section who are represented by the legal rights service are	114305
clients of the legal rights service.	114306

(C) Any person voluntarily hospitalized or institutionalized	114307
in a public hospital under division (A) of section 5122.02 of the	114308
Revised Code, after being fully informed of the person's rights	114309
under division (A) of this section, may, by written request, waive	114310
assistance by the legal rights service if the waiver is knowingly	114311
and intelligently made, without duress or coercion.	114312

The waiver may be rescinded at any time by the voluntary	114313
patient or resident, or by the voluntary patient's or resident's	114314
legal guardian.	114315

(D)(1) The legal rights service commission is hereby created	114316
for the purposes of appointing an administrator of the legal	114317
rights service, advising the administrator, assisting the	114318
administrator in developing a budget, advising the administrator	114319
in establishing and annually reviewing a strategic plan, creating	114320
a procedure for filing and determination of grievances against the	114321
legal rights service, and establishing general policy guidelines,	114322
including guidelines for the commencement of litigation, for the	114323
legal rights service. The commission may adopt rules to carry	114324
these purposes into effect and may receive and act upon appeals of	114325
personnel decisions by the administrator.	114326

(2) The commission shall consist of seven members. One	114327
member, who shall serve as chairperson, shall be appointed by the	114328
chief justice of the supreme court, three members shall be	114329
appointed by the speaker of the house of representatives, and	114330
three members shall be appointed by the president of the senate.	114331
At least two members shall have experience in the field of	114332
developmental disabilities, and at least two members shall have	114333
experience in the field of mental health. No member shall be a	114334
provider or related to a provider of services to mentally	114335
retarded, developmentally disabled, or mentally ill persons.	114336

(3) Terms of office of the members of the commission shall be	114337
for three years, each term ending on the same day of the month of	114338
the year as did the term which it succeeds. Each member shall	114339
serve subsequent to the expiration of the member's term until a	114340
successor is appointed and qualifies, or until sixty days has	114341
elapsed, whichever occurs first. No member shall serve more than	114342
two consecutive terms.	114343

All vacancies in the membership of the commission shall be	114344
filled in the manner prescribed for regular appointments to the	114345
commission and shall be limited to the unexpired terms.	114346

(4) The commission shall meet at least four times each year.	114347
Members shall be reimbursed for their necessary and actual	114348
expenses incurred in the performance of their official duties.	114349

(5) The administrator of the legal rights service shall serve	114350
at the pleasure of the commission.	114351

The administrator shall be an attorney admitted to practice	114352
law in this state. The salary of the administrator shall be	114353
established in accordance with section 124.14 of the Revised Code.	114354

(E) The legal rights service shall be completely independent	114355
of the department of mental health and the department of	114356
developmental disabilities and, notwithstanding section 109.02 of	114357
the Revised Code, shall also be independent of the office of the	114358
attorney general. The administrator of the legal rights service,	114359
staff, and attorneys designated by the administrator to represent	114360
persons detained, hospitalized, or institutionalized under this	114361
chapter or Chapter 5122. of the Revised Code shall have ready	114362
access to the following:	114363

(1) During normal business hours and at other reasonable	114364
times, all records, except records of community residential	114365
facilities and records of contract agencies of county boards of	114366
developmental disabilities and boards of alcohol, drug addiction,	114367
and mental health services, relating to expenditures of state and	114368
federal funds or to the commitment, care, treatment, and	114369
habilitation of all persons represented by the legal rights	114370
service, including those who may be represented pursuant to	114371
division (L) of this section, or persons detained, hospitalized,	114372
institutionalized, or receiving services under this chapter or	114373
Chapter 340., 5119., 5122., or 5126. of the Revised Code that are	114374
records maintained by the following entities providing services	114375
for those persons: departments; institutions; hospitals; boards of	114376
alcohol, drug addiction, and mental health services; county boards	114377
of developmental disabilities; and any other entity providing	114378
services to persons who may be represented by the service pursuant	114379
to division (L) of this section;	114380

(2) Any records maintained in computerized data banks of the	114381
departments or boards or, in the case of persons who may be	114382
represented by the service pursuant to division (L) of this	114383
section, any other entity that provides services to those persons;	114384

(3) During their normal working hours, personnel of the	114385
departments, facilities, boards, agencies, institutions,	114386
hospitals, and other service-providing entities;	114387

(4) At any time, all persons detained, hospitalized, or	114388
institutionalized; persons receiving services under this chapter	114389
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	114390
persons who may be represented by the service pursuant to division	114391
(L) of this section.	114392

(5) Records of a community residential facility, a contract	114393
agency of a board of alcohol, drug addiction, and mental health	114394
services, or a contract agency of a county board of developmental	114395
disabilities with one of the following consents:	114396

(a) The consent of the person, including when the person is a	114397
minor or has been adjudicated incompetent;	114398

(b) The consent of the person's guardian of the person, if	114399
any, or the parent if the person is a minor;	114400

(c) No consent, if the person is unable to consent for any	114401
reason, and the guardian of the person, if any, or the parent of	114402
the minor, has refused to consent or has not responded to a	114403
request for consent and either of the following has occurred:	114404

(i) A complaint regarding the person has been received by the	114405
legal rights service;	114406

(ii) The legal rights service has determined that there is	114407
probable cause to believe that such person has been subjected to	114408
abuse or neglect.	114409

(F) The administrator of the legal rights service shall do	114410
the following:	114411

(1) Administer and organize the work of the legal rights	114412
service and establish administrative or geographic divisions as	114413
the administrator considers necessary, proper, and expedient;	114414

(2) Adopt and promulgate rules that are not in conflict with	114415
rules adopted by the commission and prescribe duties for the	114416
efficient conduct of the business and general administration of	114417
the legal rights service;	114418

(3) Appoint and discharge employees, and hire experts,	114419
consultants, advisors, or other professionally qualified persons	114420
as the administrator considers necessary to carry out the duties	114421
of the legal rights service;	114422

(4) Apply for and accept grants of funds, and accept	114423
charitable gifts and bequests;	114424

(5) Prepare and submit a budget to the general assembly for	114425
the operation of the legal rights service. At least thirty days	114426
prior to submitting the budget to the general assembly, the	114427
administrator shall provide a copy of the budget to the commission	114428
for review and comment. When submitting the budget to the general	114429
assembly, the administrator shall include a copy of any written	114430
comments returned by the commission to the administrator.	114431

(6) Enter into contracts and make expenditures necessary for	114432
the efficient operation of the legal rights service;	114433

(7) Annually prepare a report of activities and submit copies	114434
of the report to the governor, the chief justice of the supreme	114435
court, the president of the senate, the speaker of the house of	114436
representatives, the director of mental health, and the director	114437
of developmental disabilities, and make the report available to	114438
the public;	114439

(8) Upon request of the commission or of the chairperson of	114440
the commission, report to the commission on specific litigation	114441
issues or activities.	114442

(G)(1) The legal rights service may act directly or contract	114443
with other organizations or individuals for the provision of the	114444
services envisioned under this section.	114445

(2) Whenever possible, the administrator shall attempt to	114446
facilitate the resolution of complaints through administrative	114447
channels. Subject to division (G)(3) of this section, if attempts	114448
at administrative resolution prove unsatisfactory, the	114449
administrator may pursue any legal, administrative, and other	114450
appropriate remedies or approaches that may be necessary to	114451
accomplish the purposes of this section.	114452

(3) The administrator may not pursue a class action lawsuit	114453
under division (G)(2) of this section when attempts at	114454
administrative resolution of a complaint prove unsatisfactory	114455
under that division unless both of the following have first	114456
occurred:	114457

(a) At least four members of the commission, by their	114458
affirmative vote, have consented to the pursuit of the class	114459
action lawsuit;	114460

(b) At least five members of the commission are present at	114461
the meeting of the commission at which that consent is obtained.	114462

(4) The class represented in any class action lawsuit brought	114463
by the legal rights service shall include only persons who are	114464
mentally ill, mentally retarded, or developmentally disabled.	114465

(5) If compensation for the work of attorneys employed by the	114466
legal rights service or another agency or political subdivision of	114467
the state is awarded to the service in a class action lawsuit	114468
pursued by the service, the compensation shall be limited to the	114469
actual hourly rate of pay for that legal work.	114470

(6) All records received or maintained by the legal rights	114471
service in connection with any investigation, representation, or	114472
other activity under this section shall be confidential and shall	114473
not be disclosed except as authorized by the person represented by	114474
the legal rights service or, subject to any privilege, a guardian	114475
of the person or parent of the minor. Subject to division (G)(5)	114476
of this section, relationships between personnel and the agents of	114477
the legal rights service and its clients shall be fiduciary	114478
relationships, and all communications shall be privileged as if	114479
between attorney and client.	114480

~~(5)~~(7) Any person who has been represented by the legal	114481
rights service or who has applied for and been denied	114482
representation and who files a grievance with the service	114483
concerning the representation or application may appeal the	114484
decision of the service on the grievance to the commission. The	114485
person may appeal notwithstanding any objections of the person's	114486
legal guardian. The commission may examine any records relevant to	114487
the appeal and shall maintain the confidentiality of any records	114488
that are required to be kept confidential.	114489

(H) The legal rights service, on the order of the	114490
administrator, with the approval by an affirmative vote of at	114491
least four members of the commission, may compel by subpoena the	114492
appearance and sworn testimony of any person the administrator	114493
reasonably believes may be able to provide information or to	114494
produce any documents, books, records, papers, or other	114495
information necessary to carry out its duties. On the refusal of	114496
any person to produce or authenticate any requested documents, the	114497
legal rights service may apply to the Franklin county court of	114498
common pleas to compel the production or authentication of	114499
requested documents. If the court finds that failure to produce or	114500
authenticate any requested documents was improper, the court may	114501
hold the person in contempt as in the case of disobedience of the	114502
requirements of a subpoena issued from the court, or a refusal to	114503
testify in the court.	114504

(I) The legal rights service may conduct public hearings.

114505

(J) The legal rights service may request from any	114506
governmental agency any cooperation, assistance, services, or data	114507
that will enable it to perform its duties.	114508

(K) In any malpractice action filed against the administrator	114509
of the legal rights service, a member of the staff of the legal	114510
rights service, or an attorney designated by the administrator to	114511
perform legal services under division (E) of this section, the	114512
state shall, when the administrator, member, or attorney has acted	114513
in good faith and in the scope of employment, indemnify the	114514
administrator, member, or attorney for any judgment awarded or	114515
amount negotiated in settlement, and for any court costs or legal	114516
fees incurred in defense of the claim.	114517

This division does not limit or waive, and shall not be	114518
construed to limit or waive, any defense that is available to the	114519
legal rights service, its administrator or employees, persons	114520
under a personal services contract with it, or persons designated	114521
under division (E) of this section, including, but not limited to,	114522
any defense available under section 9.86 of the Revised Code.	114523

(L) In addition to providing services to mentally ill,	114524
mentally retarded, or developmentally disabled persons, when a	114525
grant authorizing the provision of services to other individuals	114526
is accepted pursuant to division (F)(4) of this section, the legal	114527
rights service and its ombudsperson section may provide advocacy	114528
or ombudsperson services to those other individuals and exercise	114529
any other authority granted by this section or sections 5123.601	114530
to 5123.604 of the Revised Code on behalf of those individuals.	114531
Determinations of whether an individual is eligible for services	114532
under this division shall be made by the legal rights service.	114533

Sec. 5126.01. As used in this chapter:

114534

(A) As used in this division, "adult" means an individual who	114535
is eighteen years of age or over and not enrolled in a program or	114536
service under Chapter 3323. of the Revised Code and an individual	114537
sixteen or seventeen years of age who is eligible for adult	114538
services under rules adopted by the director of developmental	114539
disabilities pursuant to Chapter 119. of the Revised Code.	114540

(1) "Adult services" means services provided to an adult	114541
outside the home, except when they are provided within the home	114542
according to an individual's assessed needs and identified in an	114543
individual service plan, that support learning and assistance in	114544
the area of self-care, sensory and motor development,	114545
socialization, daily living skills, communication, community	114546
living, social skills, or vocational skills.	114547

(2) "Adult services" includes all of the following:

114548

(a) Adult day habilitation services;

114549

(b) Adult day care;

114550

114551

(d) Sheltered employment;

114552

(e) Educational experiences and training obtained through	114553
entities and activities that are not expressly intended for	114554
individuals with mental retardation and developmental	114555
disabilities, including trade schools, vocational or technical	114556
schools, adult education, job exploration and sampling, unpaid	114557
work experience in the community, volunteer activities, and	114558
spectator sports;	114559

(f) Community employment services and supported employment	114560
services.	114561

(B)(1) "Adult day habilitation services" means adult services	114562
that do the following:	114563

(a) Provide access to and participation in typical activities	114564
and functions of community life that are desired and chosen by the	114565
general population, including such activities and functions as	114566
opportunities to experience and participate in community	114567
exploration, companionship with friends and peers, leisure	114568
activities, hobbies, maintaining family contacts, community	114569
events, and activities where individuals without disabilities are	114570
involved;	114571

(b) Provide supports or a combination of training and	114572
supports that afford an individual a wide variety of opportunities	114573
to facilitate and build relationships and social supports in the	114574
community.	114575

(2) "Adult day habilitation services" includes all of the	114576
following:	114577

(a) Personal care services needed to ensure an individual's	114578
ability to experience and participate in vocational services,	114579
educational services, community activities, and any other adult	114580
day habilitation services;	114581

(b) Skilled services provided while receiving adult day	114582
habilitation services, including such skilled services as behavior	114583
management intervention, occupational therapy, speech and language	114584
therapy, physical therapy, and nursing services;	114585

(c) Training and education in self-determination designed to	114586
help the individual do one or more of the following: develop	114587
self-advocacy skills, exercise the individual's civil rights,	114588
acquire skills that enable the individual to exercise control and	114589
responsibility over the services received, and acquire skills that	114590
enable the individual to become more independent, integrated, or	114591
productive in the community;	114592

(d) Recreational and leisure activities identified in the	114593
individual's service plan as therapeutic in nature or assistive in	114594
developing or maintaining social supports;	114595

(e) Counseling and assistance provided to obtain housing,	114596
including such counseling as identifying options for either rental	114597
or purchase, identifying financial resources, assessing needs for	114598
environmental modifications, locating housing, and planning for	114599
ongoing management and maintenance of the housing selected;	114600

(f) Transportation necessary to access adult day habilitation	114601
services;	114602

(g) Habilitation management, as described in section 5126.14	114603
of the Revised Code.	114604

(3) "Adult day habilitation services" does not include	114605
activities that are components of the provision of residential	114606
services, family support services, or supported living services.	114607

114608

(1) In the case of a member of a county board of	114609
developmental disabilities appointed by, or to be appointed by, a	114610
board of county commissioners, the board of county commissioners;	114611

(2) In the case of a member of a county board appointed by,	114612
or to be appointed by, a senior probate judge, the senior probate	114613
judge.	114614

(D) "Community employment services" or "supported employment	114615
services" means job training and other services related to	114616
employment outside a sheltered workshop. "Community employment	114617
services" or "supported employment services" include all of the	114618
following:	114619

(1) Job training resulting in the attainment of competitive	114620
work, supported work in a typical work environment, or	114621
self-employment;	114622

(2) Supervised work experience through an employer paid to	114623
provide the supervised work experience;	114624

(3) Ongoing work in a competitive work environment at a wage	114625
commensurate with workers without disabilities;	114626

(4) Ongoing supervision by an employer paid to provide the	114627
supervision.	114628

(E) As used in this division, "substantial functional	114629
limitation," "developmental delay," and "established risk" have	114630
the meanings established pursuant to section 5123.011 of the	114631
Revised Code.	114632

"Developmental disability" means a severe, chronic disability	114633
that is characterized by all of the following:	114634

(1) It is attributable to a mental or physical impairment or	114635
a combination of mental and physical impairments, other than a	114636
mental or physical impairment solely caused by mental illness as	114637
defined in division (A) of section 5122.01 of the Revised Code;	114638

(2) It is manifested before age twenty-two;

114639

(3) It is likely to continue indefinitely;

114640

(4) It results in one of the following:

114641

(a) In the case of a person under age three, at least one	114642
developmental delay or an established risk;	114643

(b) In the case of a person at least age three but under age	114644
six, at least two developmental delays or an established risk;	114645

(c) In the case of a person age six or older, a substantial	114646
functional limitation in at least three of the following areas of	114647
major life activity, as appropriate for the person's age:	114648
self-care, receptive and expressive language, learning, mobility,	114649
self-direction, capacity for independent living, and, if the	114650
person is at least age sixteen, capacity for economic	114651
self-sufficiency.	114652

(5) It causes the person to need a combination and sequence	114653
of special, interdisciplinary, or other type of care, treatment,	114654
or provision of services for an extended period of time that is	114655
individually planned and coordinated for the person.	114656

(F) "Early childhood services" means a planned program of	114657
habilitation designed to meet the needs of individuals with mental	114658
retardation or other developmental disabilities who have not	114659
attained compulsory school age.	114660

(G)(1) "Environmental modifications" means the physical	114661
adaptations to an individual's home, specified in the individual's	114662
service plan, that are necessary to ensure the individual's	114663
health, safety, and welfare or that enable the individual to	114664
function with greater independence in the home, and without which	114665
the individual would require institutionalization.	114666

(2) "Environmental modifications" includes such adaptations	114667
as installation of ramps and grab-bars, widening of doorways,	114668
modification of bathroom facilities, and installation of	114669
specialized electric and plumbing systems necessary to accommodate	114670
the individual's medical equipment and supplies.	114671

(3) "Environmental modifications" does not include physical	114672
adaptations or improvements to the home that are of general	114673
utility or not of direct medical or remedial benefit to the	114674
individual, including such adaptations or improvements as	114675
carpeting, roof repair, and central air conditioning.	114676

(H) "Family support services" means the services provided	114677
under a family support services program operated under section	114678
5126.11 of the Revised Code.	114679

(I) "Habilitation" means the process by which the staff of	114680
the facility or agency assists an individual with mental	114681
retardation or other developmental disability in acquiring and	114682
maintaining those life skills that enable the individual to cope	114683
more effectively with the demands of the individual's own person	114684
and environment, and in raising the level of the individual's	114685
personal, physical, mental, social, and vocational efficiency.	114686
Habilitation includes, but is not limited to, programs of formal,	114687
structured education and training.	114688

(J) "Home and community-based services" means medicaid-funded	114689
home and community-based services specified in division (B)(1) of	114690
section 5111.87 of the Revised Code and provided under the	114691
medicaid waiver components the department of developmental	114692
disabilities administers pursuant to section 5111.871 of the	114693
Revised Code. However, home and community-based services provided	114694
under the medicaid waiver component known as the transitions	114695
developmental disabilities waiver are to be considered to be home	114696
and community-based services for the purposes of this chapter only	114697
to the extent, if any, provided by the contract required by	114698
section 5111.871 of the Revised Code regarding the waiver.	114699

(K) "Immediate family" means parents, grandparents, brothers,	114700
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	114701
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	114702
daughters-in-law.	114703

(L) "Medicaid" has the same meaning as in section 5111.01 of	114704
the Revised Code.	114705

(M) "Medicaid case management services" means case management	114706
services provided to an individual with mental retardation or	114707
other developmental disability that the state medicaid plan	114708
requires.	114709

(N) "Mental retardation" means a mental impairment manifested	114710
during the developmental period characterized by significantly	114711
subaverage general intellectual functioning existing concurrently	114712
with deficiencies in the effectiveness or degree with which an	114713
individual meets the standards of personal independence and social	114714
responsibility expected of the individual's age and cultural	114715
group.	114716

(O) "Residential services" means services to individuals with	114717
mental retardation or other developmental disabilities to provide	114718
housing, food, clothing, habilitation, staff support, and related	114719
support services necessary for the health, safety, and welfare of	114720
the individuals and the advancement of their quality of life.	114721
"Residential services" includes program management, as described	114722
in section 5126.14 of the Revised Code.	114723

(P) "Resources" means available capital and other assets,	114724
including moneys received from the federal, state, and local	114725
governments, private grants, and donations; appropriately	114726
qualified personnel; and appropriate capital facilities and	114727
equipment.	114728

(Q) "Senior probate judge" means the current probate judge of	114729
a county who has served as probate judge of that county longer	114730
than any of the other current probate judges of that county. If a	114731
county has only one probate judge, "senior probate judge" means	114732
that probate judge.	114733

(R) "Service and support administration" means the duties	114734
performed by a service and support administrator pursuant to	114735
section 5126.15 of the Revised Code.	114736

(S)(1) "Specialized medical, adaptive, and assistive	114737
equipment, supplies, and supports" means equipment, supplies, and	114738
supports that enable an individual to increase the ability to	114739
perform activities of daily living or to perceive, control, or	114740
communicate within the environment.	114741

(2) "Specialized medical, adaptive, and assistive equipment,	114742
supplies, and supports" includes the following:	114743

(a) Eating utensils, adaptive feeding dishes, plate guards,	114744
mylatex straps, hand splints, reaches, feeder seats, adjustable	114745
pointer sticks, interpreter services, telecommunication devices	114746
for the deaf, computerized communications boards, other	114747
communication devices, support animals, veterinary care for	114748
support animals, adaptive beds, supine boards, prone boards,	114749
wedges, sand bags, sidelayers, bolsters, adaptive electrical	114750
switches, hand-held shower heads, air conditioners, humidifiers,	114751
emergency response systems, folding shopping carts, vehicle lifts,	114752
vehicle hand controls, other adaptations of vehicles for	114753
accessibility, and repair of the equipment received.	114754

(b) Nondisposable items not covered by medicaid that are	114755
intended to assist an individual in activities of daily living or	114756
instrumental activities of daily living.	114757

(T) "Supportive home services" means a range of services to	114758
families of individuals with mental retardation or other	114759
developmental disabilities to develop and maintain increased	114760
acceptance and understanding of such persons, increased ability of	114761
family members to teach the person, better coordination between	114762
school and home, skills in performing specific therapeutic and	114763
management techniques, and ability to cope with specific	114764
situations.	114765

(U)(1) "Supported living" means services provided for as long	114766
as twenty-four hours a day to an individual with mental	114767
retardation or other developmental disability through any public	114768
or private resources, including moneys from the individual, that	114769
enhance the individual's reputation in community life and advance	114770
the individual's quality of life by doing the following:	114771

(a) Providing the support necessary to enable an individual	114772
to live in a residence of the individual's choice, with any number	114773
of individuals who are not disabled, or with not more than three	114774
individuals with mental retardation and developmental disabilities	114775
unless the individuals are related by blood or marriage;	114776

(b) Encouraging the individual's participation in the	114777
community;	114778

114779

(d) Assisting the individual in acquiring, retaining, and	114780
improving the skills and competence necessary to live successfully	114781
in the individual's residence.	114782

(2) "Supported living" includes the provision of all of the	114783
following:	114784

(a) Housing, food, clothing, habilitation, staff support,	114785
professional services, and any related support services necessary	114786
to ensure the health, safety, and welfare of the individual	114787
receiving the services;	114788

(b) A combination of lifelong or extended-duration	114789
supervision, training, and other services essential to daily	114790
living, including assessment and evaluation and assistance with	114791
the cost of training materials, transportation, fees, and	114792
supplies;	114793

114794

(d) Household maintenance that does not include modifications	114795
to the physical structure of the residence;	114796

(e) Respite care services;

114797

(f) Program management, as described in section 5126.14 of	114798
the Revised Code.	114799

Sec. 5126.029. (A) Each county board of developmental	114800
disabilities shall hold an organizational meeting no later than	114801
the thirty-first day of January of each year and shall elect its	114802
officers, which shall include a president, vice-president, and	114803
recording secretary. After its annual organizational meeting, the	114804
board shall meet in such manner and at such times as prescribed by	114805
rules adopted by the board, but the board shall meet at least ~~ten~~	114806
the following number of times annually in regularly scheduled	114807
sessions in accordance with section 121.22 of the Revised Code,	114808
not including in-service training sessions:	114809

(1) Unless division (A)(2) of this section applies to the	114810
board, ten;	114811

(2) If the board shares a superintendent or other	114812
administrative staff with one or more other boards of	114813
developmental disabilities, eight. A	114814

(B) A majority of the board constitutes a quorum. The board	114815
shall adopt rules for the conduct of its business and a record	114816
shall be kept of board proceedings, which shall be open for public	114817
inspection.	114818

Sec. 5126.04. (A) Each county board of developmental	114819
disabilities shall plan and set priorities based on available	114820
resources for the provision of facilities, programs, and other	114821
services to meet the needs of county residents who are individuals	114822
with mental retardation and other developmental disabilities,	114823
former residents of the county residing in state institutions or,	114824
before the effective date of this amendment, placed under purchase	114825
of service agreements under section 5123.18 of the Revised Code,	114826
and children subject to a determination made pursuant to section	114827
121.38 of the Revised Code.	114828

Each county board shall assess the facility and service needs	114829
of the individuals with mental retardation and other developmental	114830
disabilities who are residents of the county or former residents	114831
of the county residing in state institutions or, before the	114832
effective date of this amendment, placed under purchase of service	114833
agreements under section 5123.18 of the Revised Code.	114834

Each county board shall require individual habilitation or	114835
service plans for individuals with mental retardation and other	114836
developmental disabilities who are being served or who have been	114837
determined eligible for services and are awaiting the provision of	114838
services. Each board shall ensure that methods of having their	114839
service needs evaluated are available.	114840

(B)(1) If a foster child is in need of assessment for	114841
eligible services or is receiving services from a county board of	114842
developmental disabilities and that child is placed in a different	114843
county, the agency that placed the child, immediately upon	114844
placement, shall inform the county board in the new county all of	114845
the following:	114846

(a) That a foster child has been placed in that county;

114847

(b) The name and other identifying information of the foster	114848
child;	114849

(c) The name of the foster child's previous county of	114850
residence;	114851

(d) That the foster child was in need of assessment for	114852
eligible services or was receiving services from the county board	114853
of developmental disabilities in the previous county.	114854

(2) Upon receiving the notice described in division (B)(1) of	114855
this section or otherwise learning that the child was in need of	114856
assessment for eligible services or was receiving services from a	114857
county board of developmental disabilities in the previous county,	114858
the county board in the new county shall communicate with the	114859
county board of the previous county to determine how services for	114860
the foster child shall be provided in accordance with each board's	114861
plan and priorities as described in division (A) of this section.	114862

If the two county boards are unable to reach an agreement	114863
within ten days of the child's placement, the county board in the	114864
new county shall send notice to the Ohio department of	114865
developmental disabilities of the failure to agree. The department	114866
shall decide how services shall be provided for the foster child	114867
within ten days of receiving notice that the county boards could	114868
not reach an agreement. The department may decide that one, or	114869
both, of the county boards shall provide services. The services	114870
shall be provided in accordance with the board's plan and	114871
priorities as described in division (A) of this section.	114872

(C) The department of developmental disabilities may adopt	114873
rules in accordance with Chapter 119. of the Revised Code as	114874
necessary to implement this section. To the extent that rules	114875
adopted under this section apply to the identification and	114876
placement of children with disabilities under Chapter 3323. of the	114877
Revised Code, the rules shall be consistent with the standards and	114878
procedures established under sections 3323.03 to 3323.05 of the	114879
Revised Code.	114880

(D) The responsibility or authority of a county board to	114881
provide services under this chapter does not affect the	114882
responsibility of any other entity of state or local government to	114883
provide services to individuals with mental retardation and	114884
developmental disabilities.	114885

(E) On or before the first day of February prior to a school	114886
year, a county board of developmental disabilities may elect not	114887
to participate during that school year in the provision of or	114888
contracting for educational services for children ages six through	114889
twenty-one years of age, provided that on or before that date the	114890
board gives notice of this election to the superintendent of	114891
public instruction, each school district in the county, and the	114892
educational service center serving the county. If a board makes	114893
this election, it shall not have any responsibility for or	114894
authority to provide educational services that school year for	114895
children ages six through twenty-one years of age. If a board does	114896
not make an election for a school year in accordance with this	114897
division, the board shall be deemed to have elected to participate	114898
during that school year in the provision of or contracting for	114899
educational services for children ages six through twenty-one	114900
years of age.	114901

(F) If a county board of developmental disabilities elects to	114902
provide educational services during a school year to individuals	114903
six through twenty-one years of age who have multiple	114904
disabilities, the board may provide these services to individuals	114905
who are appropriately identified and determined eligible pursuant	114906
to Chapter 3323. of the Revised Code, and in accordance with	114907
applicable rules of the state board of education. The county board	114908
may also provide related services to individuals six through	114909
twenty-one years of age who have one or more disabling conditions,	114910
in accordance with section 3317.20 and Chapter 3323. of the	114911
Revised Code and applicable rules of the state board of education.	114912

Sec. 5126.042. (A) As used in this section:

114913

~~(1) "Emergency~~, emergency status" means ~~any situation~~a	114914
status that ~~creates for~~ an individual with mental retardation or	114915
developmental disabilities ahas when the individual is at risk	114916
of substantial self-harm or substantial harm to others if action	114917
is not taken within thirty days. An "emergency status" may include	114918
a status resulting from one or more of the following situations:	114919

~~(a)~~(1) Loss of present residence for any reason, including	114920
legal action;	114921

~~(b)~~(2) Loss of present caretaker for any reason, including	114922
serious illness of the caretaker, change in the caretaker's	114923
status, or inability of the caretaker to perform effectively for	114924
the individual;	114925

~~(c)~~(3) Abuse, neglect, or exploitation of the individual;

114926

~~(d)~~(4) Health and safety conditions that pose a serious risk	114927
to the individual or others of immediate harm or death;	114928

~~(e)~~(5) Change in the emotional or physical condition of the	114929
individual that necessitates substantial accommodation that cannot	114930
be reasonably provided by the individual's existing caretaker.	114931

~~(2) "Service substitution list" means a service substitution~~	114932
~~list established by a county board of developmental disabilities~~	114933
~~before September 1, 2008, pursuant to division (B) of this section~~	114934
~~as this section existed on the day immediately before September 1,~~	114935
~~2008.~~	114936

(B) If a county board of developmental disabilities	114937
determines that available resources are not sufficient to meet the	114938
needs of all individuals who request non-medicaid programs ~~and~~or	114939
services ~~and may be offered the programs and services~~, it shall	114940
establish one or more waiting lists for the non-medicaid programs	114941
or services in accordance with its plan developed under section	114942
5126.04 of the Revised Code. The board may establish priorities	114943
for making placements on its waiting lists ~~according to an~~	114944
~~individual's emergency status and shall establish priorities in~~	114945
~~accordance with divisions (D) and (E) of~~established under this	114946
~~section~~division. Any such priorities shall be consistent with the	114947
board's plan and applicable law.	114948

~~The individuals who may be placed on a waiting list include~~	114949
~~individuals with a need for services on an emergency basis and~~	114950
~~individuals who have requested services for which resources are~~	114951
~~not available.~~	114952

~~An individual placed on a county board's service substitution~~	114953
~~list before September 1, 2008, for the purpose of obtaining home~~	114954
~~and community-based services shall be deemed to have been placed~~	114955
~~on the county board's waiting list for home and community-based~~	114956
~~services on the date the individual made a request to the county~~	114957
~~board that the individual receive home and community-based~~	114958
~~services instead of the services the individual received at the~~	114959
~~time the request for home and community-based services was made to~~	114960
~~the county board.~~	114961

(C) AIf a county board ~~shall establish a separate waiting~~	114962
~~list for each of the following categories of services, and may~~	114963
~~establish separate waiting lists within the waiting lists:~~	114964

~~(1) Early childhood services;~~

114965

~~(2) Educational programs for preschool and school age~~	114966
~~children;~~	114967

~~(3) Adult services;~~

114968

~~(4) Service and support administration;~~

114969

~~(5) Residential services and supported living;~~

114970

~~(6) Transportation services;~~

114971

~~(7) Other services determined necessary and appropriate for~~	114972
~~persons with mental retardation or a developmental disability~~	114973
~~according to their individual habilitation or service plans~~;	114974

~~(8) Family support services provided under section 5126.11 of~~	114975
~~the Revised Code~~determines that available resources are	114976
insufficient to meet the needs of all individuals who request home	114977
and community-based services, it shall establish a waiting list	114978
for the services. An individual's date of placement on the waiting	114979
list shall be the date a request is made to the board for the	114980
individual to receive the home and community-based services. The	114981
board shall provide for an individual who has an emergency status	114982
to receive priority status on the waiting list. The board shall	114983
also provide for an individual to whom any of the following apply	114984
to receive priority status on the waiting list in accordance with	114985
rules adopted under division (E) of this section:	114986

(1) The individual is receiving supported living, family	114987
support services, or adult services for which no federal financial	114988
participation is received under the medicaid program;	114989

(2) The individual's primary caregiver is at least sixty	114990
years of age;	114991

(3) The individual has intensive needs as determined in	114992
accordance with rules adopted under division (E) of this section.	114993

(D) ~~Except as provided in division (G) of this section, a~~	114994
~~county board shall do, as priorities, all of the following in~~	114995
~~accordance with the assessment component, approved under section~~	114996
~~5123.046 of the Revised Code, of the county board's plan developed~~	114997
~~under section 5126.054 of the Revised Code:~~	114998

~~(1) For the purpose of obtaining additional federal medicaid~~	114999
~~funds for home and community-based services and medicaid case~~	115000
~~management services, do both of the following:~~	115001

~~(a) Give an individual who is eligible for home and~~	115002
~~community-based services and meets both of the following~~	115003
~~requirements priority over any other individual on a waiting list~~	115004
~~established under division (C) of this section for home and~~	115005
~~community-based services that include supported living,~~	115006
~~residential services, or family support services:~~	115007

~~(i) Is twenty-two years of age or older;~~

115008

~~(ii) Receives supported living or family support services.~~

115009

~~(b) Give an individual who is eligible for home and~~	115010
~~community-based services and meets both of the following~~	115011
~~requirements priority over any other individual on a waiting list~~	115012
~~established under division (C) of this section for home and~~	115013
~~community-based services that include adult services:~~	115014

~~(i) Resides in the individual's own home or the home of the~~	115015
~~individual's family and will continue to reside in that home after~~	115016
~~enrollment in home and community-based services;~~	115017

~~(ii) Receives adult services from the county board.~~

115018

~~(2) As federal medicaid funds become available pursuant to~~	115019
~~division (D)(1) of this section, give an individual who is~~	115020
~~eligible for home and community-based services and meets any of~~	115021
~~the following requirements priority for such services over any~~	115022
~~other individual on a waiting list established under division (C)~~	115023
~~of this section:~~	115024

~~(a) Does not receive residential services or supported~~	115025
~~living, either needs services in the individual's current living~~	115026
~~arrangement or will need services in a new living arrangement, and~~	115027
~~has a primary caregiver who is sixty years of age or older;~~	115028

~~(b) Is less than twenty-two years of age and has at least one~~	115029
~~of the following service needs that are unusual in scope or~~	115030
~~intensity:~~	115031

~~(i) Severe behavior problems for which a behavior support~~	115032
~~plan is needed;~~	115033

~~(ii) An emotional disorder for which anti-psychotic~~	115034
~~medication is needed;~~	115035

~~(iii) A medical condition that leaves the individual~~	115036
~~dependent on life-support medical technology;~~	115037

~~(iv) A condition affecting multiple body systems for which a~~	115038
~~combination of specialized medical, psychological, educational, or~~	115039
~~habilitation services are needed;~~	115040

~~(v) A condition the county board determines to be comparable~~	115041
~~in severity to any condition described in divisions (D)(2)(b)(i)~~	115042
~~to (iv) of this section and places the individual at significant~~	115043
~~risk of institutionalization.~~	115044

~~(c) Is twenty-two years of age or older, does not receive~~	115045
~~residential services or supported living, and is determined by the~~	115046
~~county board to have intensive needs for home and community-based~~	115047
~~services on an in-home or out-of-home basis.~~	115048

~~(E) Except as provided in division (G) of this section and~~	115049
~~for a number of years and beginning on a date specified in rules~~	115050
~~adopted under division (K) of this section, a county board shall~~	115051
~~give an individual who is eligible for home and community-based~~	115052
~~services, resides in a nursing facility, and chooses to move to~~	115053
~~another setting with the help of home and community-based~~	115054
~~services, priority over any other individual on a waiting list~~	115055
~~established under division (C) of this section for home and~~	115056
~~community-based services who does not meet these criteria.~~	115057

~~(F)~~ If two or more individuals on a waiting list established	115058
under division (C) of this section for home and community-based	115059
services have priority for the services pursuant to division	115060
~~(D)~~(C)(1) or, (2), or ~~(E)~~(3) of this section, a county board ~~may~~	115061
shall use criteria specified in rules adopted under division	115062
~~(K)(2)~~(E) of this section in determining the order in which the	115063
individuals with priority will be offered the ~~services. Otherwise,~~	115064
~~the county board shall offer the home and community-based services~~	115065
~~to such individuals in the order they are placed on the waiting~~	115066
~~list.~~	115067

~~(G) No individual may receive priority for services pursuant~~	115068
~~to division (D) or (E) of this section over an individual placed~~	115069
~~on a waiting list established under division (C) of this section~~	115070
~~on an emergency status~~services. An individual who has priority	115071
for home and community-based services because the individual has	115072
an emergency status has priority for the services over all other	115073
individuals on the waiting list who do not have emergency status.	115074

~~(H) Prior to establishing any waiting list under this~~	115075
~~section, a county board shall develop and implement a policy for~~	115076
~~waiting lists that complies with this section and rules adopted~~	115077
~~under division (K) of this section.~~	115078

~~Prior to placing an individual on a waiting list, the county~~	115079
~~board shall assess the service needs of the individual in~~	115080
~~accordance with all applicable state and federal laws. The county~~	115081
~~board shall place the individual on the appropriate waiting list~~	115082
~~and may place the individual on more than one waiting list. The~~	115083
~~county board shall notify the individual of the individual's~~	115084
~~placement and position on each waiting list on which the~~	115085
~~individual is placed.~~	115086

~~At least annually, the county board shall reassess the~~	115087
~~service needs of each individual on a waiting list. If it~~	115088
~~determines that an individual no longer needs a program or~~	115089
~~service, the county board shall remove the individual from the~~	115090
~~waiting list. If it determines that an individual needs a program~~	115091
~~or service other than the one for which the individual is on the~~	115092
~~waiting list, the county board shall provide the program or~~	115093
~~service to the individual or place the individual on a waiting~~	115094
~~list for the program or service in accordance with the board's~~	115095
~~policy for waiting lists.~~	115096

~~When a program or service for which there is a waiting list~~	115097
~~becomes available, the county board shall reassess the service~~	115098
~~needs of the individual next scheduled on the waiting list to~~	115099
~~receive that program or service. If the reassessment demonstrates~~	115100
~~that the individual continues to need the program or service, the~~	115101
~~board shall offer the program or service to the individual. If it~~	115102
~~determines that an individual no longer needs a program or~~	115103
~~service, the county board shall remove the individual from the~~	115104
~~waiting list. If it determines that an individual needs a program~~	115105
~~or service other than the one for which the individual is on the~~	115106
~~waiting list, the county board shall provide the program or~~	115107
~~service to the individual or place the individual on a waiting~~	115108
~~list for the program or service in accordance with the board's~~	115109
~~policy for waiting lists. The county board shall notify the~~	115110
~~individual of the individual's placement and position on the~~	115111
~~waiting list on which the individual is placed.~~	115112

~~(I) A child subject to a determination made pursuant to~~	115113
~~section 121.38 of the Revised Code who requires the home and~~	115114
~~community-based services provided through a medicaid component~~	115115
~~that the department of developmental disabilities administers~~	115116
~~under section 5111.871 of the Revised Code shall receive services~~	115117
~~through that medicaid component. For all other services, a child~~	115118
~~subject to a determination made pursuant to section 121.38 of the~~	115119
~~Revised Code shall be treated as an emergency by the county boards~~	115120
~~and shall not be subject to a waiting list.~~	115121

~~(J) Not later than the fifteenth day of March of each~~	115122
~~even-numbered year, each county board shall prepare and submit to~~	115123
~~the director of developmental disabilities its recommendations for~~	115124
~~the funding of services for individuals with mental retardation~~	115125
~~and developmental disabilities and its proposals for reducing the~~	115126
~~waiting lists for services.~~	115127

~~(K)(1)~~(E) The department of developmental disabilities shall	115128
adopt rules in accordance with Chapter 119. of the Revised Code	115129
governing waiting lists established under division (C) of this	115130
section. The rules shall include procedures to be followed to	115131
ensure that the due process rights of individuals placed on	115132
waiting lists are not violated. As	115133

~~(2) As~~ part of the rules adopted under this division, the	115134
department shall adopt rules establishing criteria a county board	115135
~~may~~shall use under division ~~(F)~~(D) of this section in determining	115136
the order in which individuals with priority for home and	115137
community-based services pursuant to division (C)(1), (2), or (3)	115138
of this section will be offered the services. ~~The rules shall also~~	115139
~~specify conditions under which a county board, when there is no~~	115140
~~individual with priority for home and community-based services~~	115141
~~pursuant to division (D)(1) or (2) or (E) of this section~~	115142
~~available and appropriate for the services, may offer the services~~	115143
~~to an individual on a waiting list for the services but not given~~	115144
~~such priority for the services.~~	115145

~~(3) As part of the rules adopted under this division, the~~	115146
~~department shall adopt rules specifying both of the following for~~	115147
~~the priority category established under division (E) of this~~	115148
~~section:~~	115149

~~(a) The number of years, which shall not exceed five, that~~	115150
~~the priority category will be in effect;~~	115151

~~(b) The date that the priority category is to go into effect.~~

115152

~~(L)~~(F) The following shall take precedence over the	115153
applicable provisions of this section:	115154

(1) Medicaid rules and regulations;

115155

(2) Any specific requirements that may be contained within a	115156
medicaid state plan amendment or waiver program that a county	115157
board has authority to administer or with respect to which it has	115158
authority to provide services, programs, or supports.	115159

Sec. 5126.05. (A) Subject to the rules established by the	115160
director of developmental disabilities pursuant to Chapter 119. of	115161
the Revised Code for programs and services offered pursuant to	115162
this chapter, and subject to the rules established by the state	115163
board of education pursuant to Chapter 119. of the Revised Code	115164
for programs and services offered pursuant to Chapter 3323. of the	115165
Revised Code, the county board of developmental disabilities	115166
shall:	115167

(1) Administer and operate facilities, programs, and services	115168
as provided by this chapter and Chapter 3323. of the Revised Code	115169
and establish policies for their administration and operation;	115170

(2) Coordinate, monitor, and evaluate existing services and	115171
facilities available to individuals with mental retardation and	115172
developmental disabilities;	115173

(3) Provide early childhood services, supportive home	115174
services, and adult services, according to the plan and priorities	115175
developed under section 5126.04 of the Revised Code;	115176

(4) Provide or contract for special education services	115177
pursuant to Chapters ~~3306.,~~ 3317. and 3323. of the Revised Code	115178
and ensure that related services, as defined in section 3323.01 of	115179
the Revised Code, are available according to the plan and	115180
priorities developed under section 5126.04 of the Revised Code;	115181

(5) Adopt a budget, authorize expenditures for the purposes	115182
specified in this chapter and do so in accordance with section	115183
319.16 of the Revised Code, approve attendance of board members	115184
and employees at professional meetings and approve expenditures	115185
for attendance, and exercise such powers and duties as are	115186
prescribed by the director;	115187

(6) Submit annual reports of its work and expenditures,	115188
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	115189
the director, the superintendent of public instruction, and the	115190
board of county commissioners at the close of the fiscal year and	115191
at such other times as may reasonably be requested;	115192

(7) Authorize all positions of employment, establish	115193
compensation, including but not limited to salary schedules and	115194
fringe benefits for all board employees, approve contracts of	115195
employment for management employees that are for a term of more	115196
than one year, employ legal counsel under section 309.10 of the	115197
Revised Code, and contract for employee benefits;	115198

(8) Provide service and support administration in accordance	115199
with section 5126.15 of the Revised Code;	115200

(9) Certify respite care homes pursuant to rules adopted	115201
under section 5123.171 of the Revised Code by the director of	115202
developmental disabilities.	115203

(B) To the extent that rules adopted under this section apply	115204
to the identification and placement of children with disabilities	115205
under Chapter 3323. of the Revised Code, they shall be consistent	115206
with the standards and procedures established under sections	115207
3323.03 to 3323.05 of the Revised Code.	115208

(C) Any county board may enter into contracts with other such	115209
boards and with public or private, nonprofit, or profit-making	115210
agencies or organizations of the same or another county, to	115211
provide the facilities, programs, and services authorized or	115212
required, upon such terms as may be agreeable, and in accordance	115213
with this chapter and Chapter 3323. of the Revised Code and rules	115214
adopted thereunder and in accordance with sections 307.86 and	115215
5126.071 of the Revised Code.	115216

(D) A county board may combine transportation for children	115217
and adults enrolled in programs and services offered under ~~section~~	115218
~~5126.12~~Chapter 5126. of the Revised Code with transportation for	115219
children enrolled in classes funded under section 3317.20 or units	115220
approved under section 3317.05 of the Revised Code.	115221

(E) A county board may purchase all necessary insurance	115222
policies, may purchase equipment and supplies through the	115223
department of administrative services or from other sources, and	115224
may enter into agreements with public agencies or nonprofit	115225
organizations for cooperative purchasing arrangements.	115226

(F) A county board may receive by gift, grant, devise, or	115227
bequest any moneys, lands, or property for the benefit of the	115228
purposes for which the board is established and hold, apply, and	115229
dispose of the moneys, lands, and property according to the terms	115230
of the gift, grant, devise, or bequest. All money received by	115231
gift, grant, bequest, or disposition of lands or property received	115232
by gift, grant, devise, or bequest shall be deposited in the	115233
county treasury to the credit of such board and shall be available	115234
for use by the board for purposes determined or stated by the	115235
donor or grantor, but may not be used for personal expenses of the	115236
board members. Any interest or earnings accruing from such gift,	115237
grant, devise, or bequest shall be treated in the same manner and	115238
subject to the same provisions as such gift, grant, devise, or	115239
bequest.	115240

(G) The board of county commissioners shall levy taxes and	115241
make appropriations sufficient to enable the county board of	115242
developmental disabilities to perform its functions and duties,	115243
and may utilize any available local, state, and federal funds for	115244
such purpose.	115245

Sec. 5126.054. (A) Each county board of developmental	115246
disabilities shall, by resolution, develop a three-calendar year	115247
plan that includes the following three components:	115248

(1) An assessment component that includes all of the	115249
following:	115250

(a) The number of individuals with mental retardation or	115251
other developmental disability residing in the county who need the	115252
level of care provided by an intermediate care facility for the	115253
mentally retarded, may seek home and community-based services, and	115254
are given priority on a waiting list established for the services	115255
pursuant to ~~division (D) of~~ section 5126.042 of the Revised Code;	115256
the service needs of those individuals; and the projected	115257
annualized cost for services;	115258

(b) The source of funds available to the county board to pay	115259
the nonfederal share of medicaid expenditures that the county	115260
board is required by sections 5126.059 and 5126.0510 of the	115261
Revised Code to pay;	115262

(c) Any other applicable information or conditions that the	115263
department of developmental disabilities requires as a condition	115264
of approving the component under section 5123.046 of the Revised	115265
Code.	115266

(2) A preliminary implementation component that specifies the	115267
number of individuals to be provided, during the first year that	115268
the plan is in effect, home and community-based services pursuant	115269
to the waiting list priority given to them under ~~divisions (D)(1)~~	115270
~~and (2) of~~ section 5126.042 of the Revised Code and the types of	115271
home and community-based services the individuals are to receive;	115272

(3) A component that provides for the implementation of	115273
medicaid case management services and home and community-based	115274
services for individuals who begin to receive the services on or	115275
after the date the plan is approved under section 5123.046 of the	115276
Revised Code. A county board shall include all of the following in	115277
the component:	115278

(a) If the department of developmental disabilities or	115279
department of job and family services requires, an agreement to	115280
pay the nonfederal share of medicaid expenditures that the county	115281
board is required by sections 5126.059 and 5126.0510 of the	115282
Revised Code to pay;	115283

(b) How the services are to be phased in over the period the	115284
plan covers, including how the county board will serve individuals	115285
who have priority on a waiting list established under ~~division (C)~~	115286
of section 5126.042 ~~who are given priority status under division~~	115287
~~(D)(1) of that section~~of the Revised Code;	115288

(c) Any agreement or commitment regarding the county board's	115289
funding of home and community-based services that the county board	115290
has with the department at the time the county board develops the	115291
component;	115292

(d) Assurances adequate to the department that the county	115293
board will comply with all of the following requirements:	115294

(i) To provide the types of home and community-based services	115295
specified in the preliminary implementation component required by	115296
division (A)(2) of this section to at least the number of	115297
individuals specified in that component;	115298

(ii) To use any additional funds the county board receives	115299
for the services to improve the county board's resource	115300
capabilities for supporting such services available in the county	115301
at the time the component is developed and to expand the services	115302
to accommodate the unmet need for those services in the county;	115303

(iii) To employ or contract with a business manager or enter	115304
into an agreement with another county board of developmental	115305
disabilities that employs or contracts with a business manager to	115306
have the business manager serve both county boards. No	115307
superintendent of a county board may serve as the county board's	115308
business manager.	115309

(iv) To employ or contract with a medicaid services manager	115310
or enter into an agreement with another county board of	115311
developmental disabilities that employs or contracts with a	115312
medicaid services manager to have the medicaid services manager	115313
serve both county boards. No superintendent of a county board may	115314
serve as the county board's medicaid services manager.	115315

(e) Programmatic and financial accountability measures and	115316
projected outcomes expected from the implementation of the plan;	115317

(f) Any other applicable information or conditions that the	115318
department requires as a condition of approving the component	115319
under section 5123.046 of the Revised Code.	115320

(B) A county board whose plan developed under division (A) of	115321
this section is approved by the department under section 5123.046	115322
of the Revised Code shall update and renew the plan in accordance	115323
with a schedule the department shall develop.	115324

Sec. 5126.0510. (A) Except as otherwise provided in an	115325
agreement entered into under section 5123.048 of the Revised Code	115326
and subject to divisions (B), (C), and (D) of this section, a	115327
county board of developmental disabilities shall pay the	115328
nonfederal share of medicaid expenditures for the following home	115329
and community-based services provided to an individual with mental	115330
retardation or other developmental disability who the county board	115331
determines under section 5126.041 of the Revised Code is eligible	115332
for county board services:	115333

(1) Home and community-based services provided by the county	115334
board to such an individual;	115335

(2) Home and community-based services provided by a provider	115336
other than the county board to such an individual who is enrolled	115337
as of June 30, 2007, in the medicaid waiver component under which	115338
the services are provided;	115339

(3) Home and community-based services provided by a provider	115340
other than the county board to such an individual who, pursuant to	115341
a request the county board makes, enrolls in the medicaid waiver	115342
component under which the services are provided after June 30,	115343
2007;	115344

(4) Home and community-based services provided by a provider	115345
other than the county board to such an individual for whom there	115346
is in effect an agreement entered into under division (E) of this	115347
section between the county board and director of developmental	115348
disabilities.	115349

(B) In the case of medicaid expenditures for home and	115350
community-based services for which division (A)(2) of this section	115351
requires a county board to pay the nonfederal share, the following	115352
shall apply to such services provided during fiscal year 2008	115353
under the individual options medicaid waiver component:	115354

(1) The county board shall pay no less than the total amount	115355
the county board paid as the nonfederal share for home and	115356
community-based services provided in fiscal year 2007 under the	115357
individual options medicaid waiver component;	115358

(2) The county board shall pay no more than the sum of the	115359
following:	115360

(a) The total amount the county board paid as the nonfederal	115361
share for home and community-based services provided in fiscal	115362
year 2007 under the individual options medicaid waiver component;	115363

(b) An amount equal to one per cent of the total amount the	115364
department of developmental disabilities and county board paid as	115365
the nonfederal share for home and community-based services	115366
provided in fiscal year 2007 under the individual options medicaid	115367
waiver component to individuals the county board determined under	115368
section 5126.041 of the Revised Code are eligible for county board	115369
services.	115370

(C) A county board is not required to pay the nonfederal	115371
share of home and community-based services provided after June 30,	115372
2008, that the county board is otherwise required by division	115373
(A)(2) of this section to pay if the department of developmental	115374
disabilities fails to comply with division (A) of section	115375
5123.0416 of the Revised Code.	115376

(D) A county board is not required to pay the nonfederal	115377
share of home and community-based services that the county board	115378
is otherwise required by division (A)(3) of this section to pay if	115379
both of the following apply:	115380

(1) The services are provided to an individual who enrolls in	115381
the medicaid waiver component under which the services are	115382
provided as the result of an order issued following a state	115383
hearing, administrative appeal, or appeal to a court of common	115384
pleas made under section 5101.35 of the Revised Code;	115385

(2) There are more individuals who are eligible for services	115386
from the county board enrolled in ~~the medicaid waiver component~~	115387
home and community-based services than is required by section	115388
5126.0512 of the Revised Code.	115389

(E) A county board may enter into an agreement with the	115390
director of developmental disabilities under which the county	115391
board agrees to pay the nonfederal share of medicaid expenditures	115392
for one or more home and community-based services that the county	115393
board is not otherwise required by division (A)(1), (2), or (3) of	115394
this section to pay and that are provided to an individual the	115395
county board determines under section 5126.041 of the Revised Code	115396
is eligible for county board services. The agreement shall specify	115397
which home and community-based services the agreement covers. The	115398
county board shall pay the nonfederal share of medicaid	115399
expenditures for the home and community-based services that the	115400
agreement covers as long as the agreement is in effect.	115401

Sec. 5126.0511. (A) A county board of developmental	115402
disabilities may use the following funds to pay the nonfederal	115403
share of the medicaid expenditures that the county board is	115404
required by sections 5126.059 and 5126.0510 of the Revised Code to	115405
pay:	115406

(1) To the extent consistent with the levy that generated the	115407
taxes, the following taxes:	115408

(a) Taxes levied pursuant to division (L) of section 5705.19	115409
of the Revised Code and section 5705.222 of the Revised Code;	115410

(b) Taxes levied under section 5705.191 of the Revised Code	115411
that the board of county commissioners allocates to the county	115412
board.	115413

(2) Funds that the department of developmental disabilities	115414
distributes to the county board under ~~sections 5126.11 and~~section	115415
5126.18 of the Revised Code and for purposes of the family support	115416
services program established under section 5126.11 of the Revised	115417
Code;	115418

(3) Earned federal revenue funds the county board receives	115419
for medicaid services the county board provides pursuant to the	115420
county board's valid medicaid provider agreement;	115421

(4) Funds that the department of developmental disabilities	115422
distributes to the county board as subsidy payments;	115423

(5) In the case of medicaid expenditures for home and	115424
community-based services, funds allocated to or otherwise made	115425
available for the county board under section 5123.0416 of the	115426
Revised Code to pay the nonfederal share of such medicaid	115427
expenditures.	115428

(B) Each year, each county board shall adopt a resolution	115429
specifying the amount of funds it will use in the next year to pay	115430
the nonfederal share of the medicaid expenditures that the county	115431
board is required by sections 5126.059 and 5126.0510 of the	115432
Revised Code to pay. The amount specified shall be adequate to	115433
assure that the services for which the medicaid expenditures are	115434
made will be available in the county in a manner that conforms to	115435
all applicable state and federal laws. A county board shall state	115436
in its resolution that the payment of the nonfederal share	115437
represents an ongoing financial commitment of the county board. A	115438
county board shall adopt the resolution in time for the county	115439
auditor to make the determination required by division (C) of this	115440
section.	115441

(C) Each year, a county auditor shall determine whether the	115442
amount of funds a county board specifies in the resolution it	115443
adopts under division (B) of this section will be available in the	115444
following year for the county board to pay the nonfederal share of	115445
the medicaid expenditures that the county board is required by	115446
sections 5126.059 and 5126.0510 of the Revised Code to pay. The	115447
county auditor shall make the determination not later than the	115448
last day of the year before the year in which the funds are to be	115449
used.	115450

Sec. 5126.0512. (A) ~~As used in this section, "medicaid~~	115451
~~waiver component" means a medicaid waiver component as defined in~~	115452
~~section 5111.85 of the Revised Code under which home and~~	115453
~~community-based services are provided.~~	115454

~~(B) Effective July 1, 2007, and except~~Except as provided in	115455
rules adopted under section 5123.0413 of the Revised Code, each	115456
county board of developmental disabilities shall ensure~~, for each~~	115457
~~medicaid waiver component,~~ that the number of individuals eligible	115458
under section 5126.041 of the Revised Code for services from the	115459
county board who are enrolled in ~~a medicaid waiver component~~home	115460
and community-based services is no less than the sum of the	115461
following:	115462

(1) The number of individuals eligible for services from the	115463
county board who are enrolled in ~~the medicaid waiver component~~	115464
home and community-based services on June 30, 2007;	115465

(2) The number of ~~medicaid waiver component~~home and	115466
community-based services slots the county board requested before	115467
July 1, 2007, that were assigned to the county board before that	115468
date but in which no individual was enrolled before that date.	115469

~~(C)~~(B) An individual enrolled in ~~a medicaid waiver component~~	115470
home and community-based services after March 1, 2007, due to an	115471
emergency reserve capacity waiver assignment shall not be counted	115472
in determining the number of individuals a county board must	115473
ensure under division ~~(B)~~(A) of this section are enrolled in a	115474
~~medicaid waiver component~~home and community-based services.	115475

~~(D)~~(C) An individual who is enrolled in ~~a medicaid waiver~~	115476
~~component~~home and community-based services to comply with the	115477
terms of the consent order filed March 5, 2007, in Martin v.	115478
Strickland, Case No. 89-CV-00362, in the United States district	115479
court for the southern district of Ohio, eastern division, shall	115480
be excluded in determining whether a county board has complied	115481
with division ~~(B)~~(A) of this section.	115482

~~(E)~~(D) A county board shall make as many requests for	115483
individuals to be enrolled in ~~a medicaid waiver component~~home and	115484
community-based services as necessary for the county board to	115485
comply with division ~~(B)~~(A) of this section.	115486

Sec. 5126.08. (A) The director of developmental disabilities	115487
shall adopt rules in accordance with Chapter 119. of the Revised	115488
Code for all programs and services offered by a county board of	115489
developmental disabilities. Such rules shall include, but are not	115490
limited to, the following:	115491

(1) Determination of what constitutes a program or service;

115492

(2) Standards to be followed by a board in administering,	115493
providing, arranging, or operating programs and services;	115494

(3) Standards for determining the nature and degree of mental	115495
retardation, including mild mental retardation, or developmental	115496
disability;	115497

(4) Standards for determining eligibility for programs and	115498
services under ~~sections 5126.042 and~~section 5126.15 of the	115499
Revised Code;	115500

(5) Procedures for obtaining consent for the arrangement of	115501
services under section 5126.31 of the Revised Code and for	115502
obtaining signatures on individual service plans under that	115503
section;	115504

(6) Specification of the service and support administration	115505
to be provided by a county board and standards for resolving	115506
grievances in connection with service and support administration;	115507

~~(7) Standards for the provision of environmental~~	115508
~~modifications, including standards that require adherence to all~~	115509
~~applicable state and local building codes;~~	115510

~~(8) Standards for the provision of specialized medical,~~	115511
~~adaptive, and assistive equipment, supplies, and supports~~.	115512

(B) The director shall be the final authority in determining	115513
the nature and degree of mental retardation or developmental	115514
disability.	115515

Sec. 5126.11. (A) As used in this section, "respite care"	115516
means appropriate, short-term, temporary care that is provided to	115517
a mentally retarded or developmentally disabled person to sustain	115518
the family structure or to meet planned or emergency needs of the	115519
family.	115520

(B) Subject to rules adopted by the director of developmental	115521
disabilities, and subject to the availability of money from state	115522
and federal sources, the county board of developmental	115523
disabilities shall establish a family support services program.	115524
Under such a program, the board shall make payments to an	115525
individual with mental retardation or other developmental	115526
disability or the family of an individual with mental retardation	115527
or other developmental disability who desires to remain in and be	115528
supported in the family home. Payments shall be made for all or	115529
part of costs incurred or estimated to be incurred for services	115530
that would promote self-sufficiency and normalization, prevent or	115531
reduce inappropriate institutional care, and further the unity of	115532
the family by enabling the family to meet the special needs of the	115533
individual and to live as much like other families as possible.	115534
Payments may be made in the form of reimbursement for expenditures	115535
or in the form of vouchers to be used to purchase services.	115536

(C) Payment shall not be made under this section to an	115537
individual or the individual's family if the individual is living	115538
in a residential facility that is providing residential services	115539
under contract with the department of developmental disabilities	115540
or a county board.	115541

(D) Payments may be made for the following services:

115542

(1) Respite care, in or out of the home;

115543

(2) Counseling, supervision, training, and education of the	115544
individual, the individual's caregivers, and members of the	115545
individual's family that aid the family in providing proper care	115546
for the individual, provide for the special needs of the family,	115547
and assist in all aspects of the individual's daily living;	115548

(3) Special diets, purchase or lease of special equipment, or	115549
modifications of the home, if such diets, equipment, or	115550
modifications are necessary to improve or facilitate the care and	115551
living environment of the individual;	115552

(4) Providing support necessary for the individual's	115553
continued skill development, including such services as	115554
development of interventions to cope with unique problems that may	115555
occur within the complexity of the family, enrollment of the	115556
individual in special summer programs, provision of appropriate	115557
leisure activities, and other social skills development	115558
activities;	115559

(5) Any other services that are consistent with the purposes	115560
specified in division (B) of this section and specified in the	115561
individual's service plan.	115562

(E) In order to be eligible for payments under a family	115563
support services program, the individual or the individual's	115564
family must reside in the county served by the county board, and	115565
the individual must be in need of habilitation. Payments shall be	115566
adjusted for income in accordance with the payment schedule	115567
established in rules adopted under this section. Payments shall be	115568
made only after the county board has taken into account all other	115569
available assistance for which the individual or family is	115570
eligible.	115571

(F) Before incurring expenses for a service for which payment	115572
will be sought under a family support services program, the	115573
individual or family shall apply to the county board for a	115574
determination of eligibility and approval of the service. The	115575
service need not be provided in the county served by the county	115576
board. After being determined eligible and receiving approval for	115577
the service, the individual or family may incur expenses for the	115578
service or use the vouchers received from the county board for the	115579
purchase of the service.	115580

If the county board refuses to approve a service, an appeal	115581
may be made in accordance with rules adopted by the department	115582
under this section.	115583

(G) To be reimbursed for expenses incurred for approved	115584
services, the individual or family shall submit to the county	115585
board a statement of the expenses incurred accompanied by any	115586
evidence required by the board. To redeem vouchers used to	115587
purchase approved services, the entity that provided the service	115588
shall submit to the county board evidence that the service was	115589
provided and a statement of the charges. The county board shall	115590
make reimbursements and redeem vouchers no later than forty-five	115591
days after it receives the statements and evidence required by	115592
this division.	115593

(H) A county board shall consider the following objectives in	115594
carrying out a family support services program:	115595

(1) Enabling individuals to return to their families from an	115596
institution under the jurisdiction of the department of	115597
developmental disabilities;	115598

(2) Enabling individuals found to be subject to	115599
institutionalization by court order under section 5123.76 of the	115600
Revised Code to remain with their families with the aid of	115601
payments provided under this section;	115602

(3) Providing services to eligible children and adults	115603
currently residing in the community;	115604

(4) Providing services to individuals with developmental	115605
disabilities who are not receiving other services from the board.	115606

(I) The director shall adopt, and may amend and rescind,	115607
rules for the implementation of family support services programs	115608
by county boards. Such rules shall include the following:	115609

(1) A payment schedule adjusted for income;

115610

(2) ~~A formula for distributing to county boards the money~~	115611
~~appropriated for family support services;~~	115612

~~(3)~~ Standards for supervision, training, and quality control	115613
in the provision of respite care services;	115614

~~(4)~~(3) Eligibility standards and procedures for providing	115615
temporary emergency respite care;	115616

~~(5)~~(4) Procedures for hearing and deciding appeals made under	115617
division (F) of this section;	115618

~~(6) Requirements to be followed by county boards regarding~~	115619
~~reports submitted under division (K) of this section~~.	115620

Rules adopted under ~~divisions~~division (I)(1) ~~and (2)~~ of this	115621
section shall be adopted in accordance with section 111.15 of the	115622
Revised Code. Rules adopted under divisions (I)~~(3)~~(2) to ~~(6)~~(4) of	115623
this section shall be adopted in accordance with Chapter 119. of	115624
the Revised Code.	115625

(J) All individuals certified by the superintendent of the	115626
county board as eligible for temporary emergency respite care in	115627
accordance with rules adopted under this section shall be	115628
considered eligible for temporary emergency respite care for not	115629
more than five days to permit the determination of eligibility for	115630
family support services. The requirements of divisions (E) and (F)	115631
of this section do not apply to temporary emergency respite care.	115632

(K) ~~The department of developmental disabilities shall~~	115633
~~distribute to county boards money appropriated for family support~~	115634
~~services in quarterly installments of equal amounts. The~~	115635
~~installments shall be made not later than the thirtieth day of~~	115636
~~September, the thirty-first day of December, the thirty-first day~~	115637
~~of March, and the thirtieth day of June. A county board shall use~~	115638
~~no more than seven per cent of the funds for administrative costs.~~	115639
~~Each county board shall submit reports to the department on~~	115640
~~payments made under this section. The reports shall be submitted~~	115641
~~at those times and in the manner specified in rules adopted under~~	115642
~~this section.~~	115643

~~(L)~~ The county board shall not be required to make payments	115644
for family support services at a level that exceeds available	115645
state and federal funds for such payments.	115646

Sec. 5126.12. ~~(A) As used in this section:~~

115647

~~(1) "Approved school age class" means a class operated by a~~	115648
~~county board of developmental disabilities and funded by the~~	115649
~~department of education under section 3317.20 of the Revised Code.~~	115650

~~(2) "Approved preschool unit" means a class or unit operated~~	115651
~~by a county board of developmental disabilities and approved under~~	115652
~~division (B) of section 3317.05 of the Revised Code.~~	115653

~~(3) "Active treatment" means a continuous treatment program,~~	115654
~~which includes aggressive, consistent implementation of a program~~	115655
~~of specialized and generic training, treatment, health services,~~	115656
~~and related services, that is directed toward the acquisition of~~	115657
~~behaviors necessary for an individual with mental retardation or~~	115658
~~other developmental disability to function with as much~~	115659
~~self-determination and independence as possible and toward the~~	115660
~~prevention of deceleration, regression, or loss of current optimal~~	115661
~~functional status.~~	115662

~~(4) "Eligible for active treatment" means that an individual~~	115663
~~with mental retardation or other developmental disability resides~~	115664
~~in an intermediate care facility for the mentally retarded~~	115665
~~certified under Title XIX of the "Social Security Act," 79 Stat.~~	115666
~~286 (1965), 42 U.S.C. 1396, as amended; resides in a state~~	115667
~~institution operated by the department of developmental~~	115668
~~disabilities; or is enrolled in home and community-based services.~~	115669

~~(5) "Traditional adult services" means vocational and~~	115670
~~nonvocational activities conducted within a sheltered workshop or~~	115671
~~adult activity center or supportive home services.~~	115672

~~(B) Each~~On or before the last day of each April, each county	115673
board of developmental disabilities shall certify to the director	115674
of developmental disabilities ~~all of the following:~~	115675

~~(1) On or before the fifteenth day of October, the average~~	115676
~~daily membership for the first full week of programs and services~~	115677
~~during October receiving:~~	115678

~~(a) Early childhood services provided pursuant to section~~	115679
~~5126.05 of the Revised Code for children who are less than three~~	115680
~~years of age on the thirtieth day of September of the academic~~	115681
~~year;~~	115682

~~(b) Special education for children with disabilities in~~	115683
~~approved school age classes;~~	115684

~~(c) Adult services for persons sixteen years of age and older~~	115685
~~operated pursuant to section 5126.05 and division (B) of section~~	115686
~~5126.051 of the Revised Code. Separate counts shall be made for~~	115687
~~the following:~~	115688

~~(i) Persons enrolled in traditional adult services who are~~	115689
~~eligible for but not enrolled in active treatment;~~	115690

~~(ii) Persons enrolled in traditional adult services who are~~	115691
~~eligible for and enrolled in active treatment;~~	115692

~~(iii) Persons enrolled in traditional adult services but who~~	115693
~~are not eligible for active treatment;~~	115694

~~(iv) Persons participating in community employment services.~~	115695
~~To be counted as participating in community employment services, a~~	115696
~~person must have spent an average of no less than ten hours per~~	115697
~~week in that employment during the preceding six months.~~	115698

~~(d) Other programs in the county for individuals with mental~~	115699
~~retardation and developmental disabilities that have been approved~~	115700
~~for payment of subsidy by the department of developmental~~	115701
~~disabilities.~~	115702

~~The membership in each such program and service in the county~~	115703
~~shall be reported on forms prescribed by the department of~~	115704
~~developmental disabilities.~~	115705

~~The department of developmental disabilities shall adopt~~	115706
~~rules defining full-time equivalent enrollees and for determining~~	115707
~~the average daily membership therefrom, except that certification~~	115708
~~of average daily membership in approved school age classes shall~~	115709
~~be in accordance with rules adopted by the state board of~~	115710
~~education. The average daily membership figure shall be determined~~	115711
~~by dividing the amount representing the sum of the number of~~	115712
~~enrollees in each program or service in the week for which the~~	115713
~~certification is made by the number of days the program or service~~	115714
~~was offered in that week. No enrollee may be counted in average~~	115715
~~daily membership for more than one program or service.~~	115716

~~(2) By the fifteenth day of December, the number of children~~	115717
~~enrolled in approved preschool units on the first day of December;~~	115718

~~(3) On or before the thirtieth day of April, an itemized~~	115719
~~report of~~ all of the county board's income and operating	115720
expenditures for the immediately preceding calendar year,. The	115721
certification shall be provided in an itemized report prepared and	115722
submitted in ~~the~~a format specified by the department of	115723
developmental disabilities;	115724

~~(4) That each required certification and report is~~ in	115725
~~accordance with~~ rules ~~established by the department of~~	115726
~~developmental disabilities and the state board of education for~~	115727
~~the operation and subsidization of the programs and services~~.	115728

Sec. 5126.18. (A) As used in this section:

115729

(1) "Taxable value" means the taxable value of a county	115730
certified under division (B) of this section.	115731

(2) "Per-mill yield" means the quotient obtained by dividing	115732
the taxable value of a county by one thousand.	115733

(3) "Population" of a county means that shown by the federal	115734
census for a census year or, for a noncensus year, the population	115735
as estimated by the department of development.	115736

(4) "Six-year moving average" means the average of the	115737
per-mill yields of a county for the most recent six years.	115738

(5) "Yield per person" means the quotient obtained by	115739
dividing the six-year moving average of a county by the population	115740
of that county.	115741

(6) "Tax equity payments" means payments to county boards of	115742
developmental disabilities under this section or a prior version	115743
of this section from money appropriated by the general assembly to	115744
the department of developmental disabilities for that purpose.	115745

(7) "Eligible county" means a county determined under	115746
division (C) of this section to be eligible for tax equity	115747
payments for the two-year period for which that determination is	115748
made.	115749

(8) "Threshold county" means the county with the lowest yield	115750
per person that is determined not to be eligible to receive tax	115751
equity payments.	115752

(B) At the request of the director of developmental	115753
disabilities, the tax commissioner shall certify to the director	115754
the taxable value of property on each county's most recent tax	115755
list of real and public utility property. The director may request	115756
any other tax information necessary for the purposes of this	115757
section.	115758

(C) Beginning in 2011, on or before the thirty-first day of	115759
May of that year and of every second year thereafter, the director	115760
of developmental disabilities shall determine whether a county is	115761
eligible to receive tax equity payments for the ensuing two fiscal	115762
years as follows:	115763

(1) The director shall determine the six-year moving average,	115764
population, and yield per person of each county in the state,	115765
based on the most recent information available.	115766

(2) The director shall calculate a tax equity funding	115767
threshold by adding the population of the county with the lowest	115768
yield per person and the populations of individual counties in	115769
order from lowest yield per person to highest yield per person	115770
until the addition of the population of another county would	115771
increase the aggregate sum to over thirty per cent of the total	115772
state population. A county is eligible to receive tax equity	115773
payments for the two-year period if its population is included in	115774
the calculation of the threshold and the addition of its	115775
population does not increase such sum to over thirty per cent of	115776
the total state population.	115777

(D)(1) Except as provided in divisions (D)(2) and (3) of this	115778
section, beginning in fiscal year 2012 and for each fiscal year	115779
thereafter, the director shall make tax equity payments to each	115780
eligible county equal to the population of the county multiplied	115781
by the difference between the yield per person of the threshold	115782
county and the yield per person of the eligible county. For	115783
purposes of this division, the population and yield per person of	115784
a county equal the population and yield per person most recently	115785
determined for that county under division (C)(1) of this section.	115786
The payments shall be made in quarterly installments of equal	115787
amounts not later than the thirtieth day of September, the	115788
thirty-first day of December, the thirty-first day of March, and	115789
the thirtieth day of June of each fiscal year.	115790

(2) In fiscal year 2012, if the amount determined under	115791
division (D)(1) of this section for an eligible county is at least	115792
twenty thousand dollars greater than or twenty thousand dollars	115793
less than the amount of tax equity payments the county received in	115794
fiscal year 2011, the county's tax equity payments for fiscal	115795
years 2012 through 2014 shall equal the following:	115796

(a) For fiscal year 2012, one-fourth of the amount calculated	115797
for the eligible county under division (D)(1) of this section plus	115798
three-fourths of the amount of tax equity payments the county	115799
received in fiscal year 2011;	115800

(b) For fiscal year 2013, one-half of the amount calculated	115801
for the eligible county under division (D)(1) of this section plus	115802
one-half of the amount of tax equity payments the county received	115803
in fiscal year 2011;	115804

(c) For fiscal year 2014, three-fourths of the amount	115805
calculated for the eligible county under division (D)(1) of this	115806
section plus one-fourth of the amount of tax equity payments the	115807
county received in fiscal year 2011.	115808

(3) In any fiscal year, if the total amount of tax equity	115809
payments for all eligible counties as determined under divisions	115810
(D)(1) and (2) of this section is greater than the amount	115811
appropriated to the department of developmental disabilities for	115812
the purpose of making such payments in that fiscal year, the	115813
director shall reduce the payments to each eligible county board	115814
in equal proportion. If the total amount of tax equity payments as	115815
determined under that division is less than the amount	115816
appropriated to the department for that purpose, the director	115817
shall determine how to allocate the excess money after	115818
consultation with the Ohio association of county boards serving	115819
people with developmental disabilities.	115820

(4) Tax equity payments shall be paid only to an eligible	115821
county board of developmental disabilities and not to a regional	115822
council established under section 5126.13 of the Revised Code or	115823
any other entity.	115824

(E)(1) Except as provided in division (E)(2) of this section,	115825
a county board of developmental disabilities shall use tax equity	115826
payments solely to pay the nonfederal share of medicaid	115827
expenditures it is required to pay under sections 5126.059 and	115828
5126.0510 of the Revised Code. Tax equity payments shall not be	115829
used to pay any salary or other compensation to county board	115830
personnel.	115831

(2) Upon the written request of a county board, the director	115832
of developmental disabilities may authorize a county board to use	115833
tax equity payments for infrastructure improvements necessary to	115834
support medicaid waiver administration.	115835

(3) The director may audit any county board receiving tax	115836
equity payments to ensure appropriate use of the payments in	115837
accordance with this section. If the director determines that a	115838
county board is using payments inappropriately, the director shall	115839
notify the county board in writing of the determination. Within	115840
thirty days after receiving the director's notification, the	115841
county board shall submit a written plan of correction to the	115842
director. The director may accept or reject the plan. If the	115843
director rejects the plan, the director may require the county	115844
board to repay all or a portion of the amount of tax equity	115845
payments used inappropriately. The director shall distribute any	115846
tax equity payments returned under this division to other eligible	115847
county boards in accordance with a plan developed by the director	115848
after consultation with the Ohio association of county boards	115849
serving people with developmental disabilities.	115850

Sec. 5126.24. (A) As used in this section:

115851

(1) "License" means an educator license issued by the state	115852
board of education under section 3319.22 of the Revised Code or a	115853
certificate issued by the department of developmental	115854
disabilities.	115855

(2) "Teacher" means a person employed by a county board of	115856
developmental disabilities in a position that requires a license.	115857

(3) "Nonteaching employee" means a person employed by a	115858
county board of developmental disabilities in a position that does	115859
not require a license.	115860

(4) "Years of service" includes all service described in	115861
division (A) of section 3317.13 of the Revised Code.	115862

(B) Subject to rules established by the director of	115863
developmental disabilities pursuant to Chapter 119. of the Revised	115864
Code, each county board of developmental disabilities shall	115865
annually adopt separate salary schedules for teachers and	115866
nonteaching employees.	115867

(C) The teachers' salary schedule shall provide for	115868
increments based on training and years of service. The board may	115869
establish its own service requirements provided no teacher	115870
receives less than the salary the teacher would be paid under	115871
section 3317.13 of the Revised Code if the teacher were employed	115872
by a school district board of education and provided full credit	115873
for a minimum of five years of actual teaching and military	115874
experience as defined in division (A) of such section is given to	115875
each teacher.	115876

Each teacher who has completed training that would qualify	115877
the teacher for a higher salary bracket pursuant to this section	115878
shall file by the fifteenth day of September with the fiscal	115879
officer of the board, satisfactory evidence of the completion of	115880
such additional training. The fiscal officer shall then	115881
immediately place the teacher, pursuant to this section, in the	115882
proper salary bracket in accordance with training and years of	115883
service. No teacher shall be paid less than the salary to which	115884
the teacher would be entitled under section 3317.13 of the Revised	115885
Code if the teacher were employed by a school district board of	115886
education.	115887

The superintendent of each county board, on or before the	115888
fifteenth day of October of each year, shall certify to the state	115889
board of education the name of each teacher employed, on an annual	115890
salary, in each special education program operated pursuant to	115891
section 3323.09 of the Revised Code during the first full school	115892
week of October. The superintendent further shall certify, for	115893
each teacher, the number of years of training completed at a	115894
recognized college, the degrees earned from a college recognized	115895
by the state board, the type of license held, the number of months	115896
employed by the board, the annual salary, and other information	115897
that the state board may request.	115898

(D) The nonteaching employees' salary schedule established by	115899
the board shall be based on training, experience, and	115900
qualifications with initial salaries no less than salaries in	115901
effect on July 1, 1985. Each board shall prepare and may amend	115902
from time to time, specifications descriptive of duties,	115903
responsibilities, requirements, and desirable qualifications of	115904
the classifications of employees required to perform the duties	115905
specified in the salary schedule. All nonteaching employees shall	115906
be notified of the position classification to which they are	115907
assigned and the salary for the classification. The compensation	115908
of all nonteaching employees working for a particular board shall	115909
be uniform for like positions except as compensation would be	115910
affected by salary increments based upon length of service.	115911

On the fifteenth day of October of each year the nonteaching	115912
employees' salary schedule and list of job classifications and	115913
salaries in effect on that date shall be filed by each board with	115914
the superintendent of public instruction. If such salary schedule	115915
and classification plan is not filed, the superintendent of public	115916
instruction shall order the board to file such schedule and list	115917
forthwith. If this condition is not corrected within ten days	115918
after receipt of the order from the superintendent, no money shall	115919
be distributed to the ~~district~~board under Chapter ~~3306. or~~ 3317.	115920
of the Revised Code until the superintendent has satisfactory	115921
evidence of the board's full compliance with such order.	115922

Sec. 5126.41. The county board of developmental disabilities	115923
shall identify residents of the county for whom supported living	115924
is to be provided. Identification of the residents shall be made	115925
in accordance with the priorities set under section 5126.04 of the	115926
Revised Code and the waiting ~~list policies developed~~lists	115927
established under section 5126.042 of the Revised Code. The board	115928
shall assist the residents in identifying their individual service	115929
needs.	115930

To arrange supported living for an individual, the board	115931
shall assist the individual in developing an individual service	115932
plan. In developing the plan, the individual shall choose a	115933
residence that is appropriate according to local standards; the	115934
individuals, if any, with whom the individual will live in the	115935
residence; the services the individual needs to live in the	115936
individual's residence of choice; and the providers from which the	115937
services will be received. The choices available to an individual	115938
shall be based on available resources.	115939

The board shall obtain the consent of the individual or the	115940
individual's guardian and the signature of the individual or	115941
guardian on the individual service plan. The county board shall	115942
ensure that the individual receives from the provider the services	115943
contracted for under section 5126.45 of the Revised Code.	115944

An individual service plan for supported living shall be	115945
effective for a period of time agreed to by the county board and	115946
the individual. In determinating that period, the county board and	115947
the individual shall consider the nature of the services to be	115948
provided and the manner in which they are customarily provided.	115949

Sec. 5126.42. (A) A county board of developmental	115950
disabilities shall establish an advisory council composed of board	115951
members or employees of the board, providers, individuals	115952
receiving supported living, and advocates for individuals	115953
receiving supported living to provide on-going communication among	115954
all persons concerned with supported living.	115955

(B) The board shall develop procedures for the resolution of	115956
grievances between the board and providers or between the board	115957
and an entity with which it has a shared funding agreement.	115958

(C) The board shall develop and implement a provider	115959
selection system. Each system shall enable an individual to choose	115960
to continue receiving supported living from the same providers, to	115961
select additional providers, or to choose alternative providers.	115962
Annually, the board shall review its provider selection system to	115963
determine whether it has been implemented in a manner that allows	115964
individuals fair and equitable access to providers.	115965

In developing a provider selection system, the county board	115966
shall create a pool of providers for individuals to use in	115967
choosing their providers of supported living. The pool shall be	115968
created by placing in the pool all providers on record with the	115969
board or by placing in the pool all providers approved by the	115970
board through soliciting requests for proposals for supported	115971
living contracts. In either case, only providers that are	115972
certified by the director of developmental disabilities may be	115973
placed in the pool.	115974

If the board places all providers on record in the pool, the	115975
board shall review the pool at least annually to determine whether	115976
each provider has continued interest in being a provider and has	115977
maintained its certification by the department. At any time, an	115978
interested and certified provider may make a request to the board	115979
that it be added to the pool, and the board shall add the provider	115980
to the pool not later than seven days after receiving the request.	115981

If the board solicits requests for proposals for inclusion of	115982
providers in the pool, the board shall develop standards for	115983
selecting the providers to be included. Requests for proposals	115984
shall be solicited at least annually. When requests are solicited,	115985
the board shall cause legal notices to be published ~~at least~~ once	115986
each week for two consecutive weeks in a newspaper ~~with~~of general	115987
circulation within the county or as provided in section 7.16 of	115988
the Revised Code. The board's formal request for proposals shall	115989
include a description of any applicable contract terms, the	115990
standards that are used to select providers for inclusion in the	115991
pool, and the process the board uses to resolve disputes arising	115992
from the selection process. The board shall accept requests from	115993
any entity interested in being a provider of supported living for	115994
individuals served by the board. Requests shall be approved or	115995
denied according to the standards developed by the board.	115996
Providers that previously have been placed in the pool are not	115997
required to resubmit a request for proposal to be included in the	115998
pool, unless the board's standards have been changed.	115999

In assisting an individual in choosing a provider, the county	116000
board shall provide the individual with uniform and consistent	116001
information pertaining to each provider in the pool. An individual	116002
may choose to receive supported living from a provider that is not	116003
included in the pool, if the provider is certified by the director	116004
of developmental disabilities.	116005

Sec. 5139.11. The department of youth services shall do all	116006
of the following:	116007

(A) Through a program of education, promotion, and	116008
organization, form groups of local citizens and assist these	116009
groups in conducting activities aimed at the prevention and	116010
control of juvenile delinquency, making use of local people and	116011
resources for the following purposes:	116012

(1) Combatting local conditions known to contribute to	116013
juvenile delinquency;	116014

(2) Developing recreational and other programs for youth	116015
work;	116016

(3) Providing adult sponsors for delinquent children cases;

116017

(4) Dealing with other related problems of the locality.

116018

(B) Advise local, state, and federal officials, public and	116019
private agencies, and lay groups on the needs for and possible	116020
methods of the reduction and prevention of juvenile delinquency	116021
and the treatment of delinquent children;	116022

(C) Consult with the schools and courts of this state on the	116023
development of programs for the reduction and prevention of	116024
delinquency and the treatment of delinquents;	116025

(D) Cooperate with other agencies whose services deal with	116026
the care and treatment of delinquent children to the end that	116027
delinquent children who are state wards may be assisted whenever	116028
possible to a successful adjustment outside of institutional care;	116029

(E) Cooperate with other agencies in surveying, developing,	116030
and utilizing the recreational resources of a community as a means	116031
of combatting the problem of juvenile delinquency and effectuating	116032
rehabilitation;	116033

(F) Hold district and state conferences from time to time in	116034
order to acquaint the public with current problems of juvenile	116035
delinquency and develop a sense of civic responsibility toward the	116036
prevention of juvenile delinquency;	116037

(G) Assemble and distribute information relating to juvenile	116038
delinquency and report on studies relating to community conditions	116039
that affect the problem of juvenile delinquency;	116040

(H) Assist any community within the state by conducting a	116041
comprehensive survey of the community's available public and	116042
private resources, and recommend methods of establishing a	116043
community program for combatting juvenile delinquency and crime,	116044
but no survey of that type shall be conducted unless local	116045
individuals and groups request it through their local authorities,	116046
and no request of that type shall be interpreted as binding the	116047
community to following the recommendations made as a result of the	116048
request;	116049

(I) Evaluate the rehabilitation of children committed to the	116050
department and prepare and submit periodic reports to the	116051
committing court for the following purposes:	116052

(1) Evaluating the effectiveness of institutional treatment;

116053

(2) Making recommendations for judicial release under section	116054
2152.22 of the Revised Code if appropriate and recommending	116055
conditions for judicial release;	116056

(3) Reviewing the placement of children and recommending	116057
alternative placements where appropriate.	116058

(J) Coordinate dates for hearings to be conducted under	116059
section 2152.22 of the Revised Code and assist in the transfer and	116060
release of children from institutionalization to the custody of	116061
the committing court;	116062

(K)(1) Coordinate and assist juvenile justice systems by	116063
doing the following:	116064

(a) Performing juvenile justice system planning in the state,	116065
including any planning that is required by any federal law;	116066

(b) Collecting, analyzing, and correlating information and	116067
data concerning the juvenile justice system in the state;	116068

(c) Cooperating with and providing technical assistance to	116069
state departments, administrative planning districts, metropolitan	116070
county criminal justice services agencies, criminal justice	116071
coordinating councils, and agencies, offices, and departments of	116072
the juvenile justice system in the state, and other appropriate	116073
organizations and persons;	116074

(d) Encouraging and assisting agencies, offices, and	116075
departments of the juvenile justice system in the state and other	116076
appropriate organizations and persons to solve problems that	116077
relate to the duties of the department;	116078

(e) Administering within the state any juvenile justice acts	116079
and programs that the governor requires the department to	116080
administer;	116081

(f) Implementing the state comprehensive plans;

116082

(g) Visiting and inspecting jails, detention facilities,	116083
correctional facilities, facilities that may hold juveniles	116084
involuntarily, or any other facility that may temporarily house	116085
juveniles on a voluntary or involuntary basis for the purpose of	116086
compliance pursuant to the "Juvenile Justice and Delinquency	116087
Prevention Act of 1974," 88 Stat. 1109, as amended;	116088

(h) Auditing grant activities of agencies, offices,	116089
organizations, and persons that are financed in whole or in part	116090
by funds granted through the department;	116091

~~(h)~~(i) Monitoring or evaluating the performance of juvenile	116092
justice system projects and programs in the state that are	116093
financed in whole or in part by funds granted through the	116094
department;	116095

~~(i)~~(j) Applying for, allocating, disbursing, and accounting	116096
for grants that are made available pursuant to federal juvenile	116097
justice acts, or made available from other federal, state, or	116098
private sources, to improve the criminal and juvenile justice	116099
systems in the state. All money from federal juvenile justice act	116100
grants shall, if the terms under which the money is received	116101
require that the money be deposited into an interest bearing fund	116102
or account, be deposited in the state treasury to the credit of	116103
the federal juvenile justice program purposes fund, which is	116104
hereby created. All investment earnings shall be credited to the	116105
fund.	116106

~~(j)~~(k) Contracting with federal, state, and local agencies,	116107
foundations, corporations, businesses, and persons when necessary	116108
to carry out the duties of the department;	116109

~~(k)~~(l) Overseeing the activities of metropolitan county	116110
criminal justice services agencies, administrative planning	116111
districts, and juvenile justice coordinating councils in the	116112
state;	116113

~~(l)~~(m) Advising the general assembly and governor on	116114
legislation and other significant matters that pertain to the	116115
improvement and reform of the juvenile justice system in the	116116
state;	116117

~~(m)~~(n) Preparing and recommending legislation to the general	116118
assembly and governor for the improvement of the juvenile justice	116119
system in the state;	116120

~~(n)~~(o) Assisting, advising, and making any reports that are	116121
required by the governor, attorney general, or general assembly;	116122

~~(o)~~(p) Adopting rules pursuant to Chapter 119. of the Revised	116123
Code.	116124

(2) Division (K)(1) of this section does not limit the	116125
discretion or authority of the attorney general with respect to	116126
crime victim assistance and criminal and juvenile justice	116127
programs.	116128

(3) Nothing in division (K)(1) of this section is intended to	116129
diminish or alter the status of the office of the attorney general	116130
as a criminal justice services agency.	116131

(4) The governor may appoint any advisory committees to	116132
assist the department that the governor considers appropriate or	116133
that are required under any state or federal law.	116134

Sec. 5139.43. (A) The department of youth services shall	116135
operate a felony delinquent care and custody program that shall be	116136
operated in accordance with the formula developed pursuant to	116137
section 5139.41 of the Revised Code, subject to the conditions	116138
specified in this section.	116139

(B)(1) Each juvenile court shall use the moneys disbursed to	116140
it by the department of youth services pursuant to division (B) of	116141
section 5139.41 of the Revised Code in accordance with the	116142
applicable provisions of division (B)(2) of this section and shall	116143
transmit the moneys to the county treasurer for deposit in	116144
accordance with this division. The county treasurer shall create	116145
in the county treasury a fund that shall be known as the felony	116146
delinquent care and custody fund and shall deposit in that fund	116147
the moneys disbursed to the juvenile court pursuant to division	116148
(B) of section 5139.41 of the Revised Code. The county treasurer	116149
also shall deposit into that fund the state subsidy funds granted	116150
to the county pursuant to section 5139.34 of the Revised Code. The	116151
moneys disbursed to the juvenile court pursuant to division (B) of	116152
section 5139.41 of the Revised Code and deposited pursuant to this	116153
division in the felony delinquent care and custody fund shall not	116154
be commingled with any other county funds except state subsidy	116155
funds granted to the county pursuant to section 5139.34 of the	116156
Revised Code; shall not be used for any capital construction	116157
projects; upon an order of the juvenile court and subject to	116158
appropriation by the board of county commissioners, shall be	116159
disbursed to the juvenile court for use in accordance with the	116160
applicable provisions of division (B)(2) of this section; shall	116161
not revert to the county general fund at the end of any fiscal	116162
year; and shall carry over in the felony delinquent care and	116163
custody fund from the end of any fiscal year to the next fiscal	116164
year. The maximum balance carry-over at the end of each respective	116165
fiscal year in the felony delinquent care and custody fund in any	116166
county from funds allocated to the county pursuant to sections	116167
5139.34 and 5139.41 of the Revised Code in the previous fiscal	116168
year shall not exceed an amount to be calculated as provided in	116169
the formula set forth in this division, unless that county has	116170
applied for and been granted an exemption by the director of youth	116171
services. Beginning June 30, 2008, the maximum balance carry-over	116172
at the end of each respective fiscal year shall be determined by	116173
the following formula: for fiscal year 2008, the maximum balance	116174
carry-over shall be one hundred per cent of the allocation for	116175
fiscal year 2007, to be applied in determining the fiscal year	116176
2009 allocation; for fiscal year 2009, it shall be fifty per cent	116177
of the allocation for fiscal year 2008, to be applied in	116178
determining the fiscal year 2010 allocation; for fiscal year 2010,	116179
it shall be twenty-five per cent of the allocation for fiscal year	116180
2009, to be applied in determining the fiscal year 2011	116181
allocation; and for each fiscal year subsequent to fiscal year	116182
2010, it shall be twenty-five per cent of the allocation for the	116183
immediately preceding fiscal year, to be applied in determining	116184
the allocation for the next immediate fiscal year. The department	116185
shall withhold from future payments to a county an amount equal to	116186
any moneys in the felony delinquent care and custody fund of the	116187
county that exceed the total maximum balance carry-over that	116188
applies for that county for the fiscal year in which the payments	116189
are being made and shall reallocate the withheld amount. The	116190
department shall adopt rules for the withholding and reallocation	116191
of moneys disbursed under sections 5139.34 and 5139.41 of the	116192
Revised Code and for the criteria and process for a county to	116193
obtain an exemption from the withholding requirement. The moneys	116194
disbursed to the juvenile court pursuant to division (B) of	116195
section 5139.41 of the Revised Code and deposited pursuant to this	116196
division in the felony delinquent care and custody fund shall be	116197
in addition to, and shall not be used to reduce, any usual annual	116198
increase in county funding that the juvenile court is eligible to	116199
receive or the current level of county funding of the juvenile	116200
court and of any programs or services for delinquent children,	116201
unruly children, or juvenile traffic offenders.	116202

(2)(a) A county and the juvenile court that serves the county	116203
shall use the moneys in its felony delinquent care and custody	116204
fund in accordance with rules that the department of youth	116205
services adopts pursuant to division (D) of section 5139.04 of the	116206
Revised Code and as follows:	116207

(i) The moneys in the fund that represent state subsidy funds	116208
granted to the county pursuant to section 5139.34 of the Revised	116209
Code shall be used to aid in the support of prevention, early	116210
intervention, diversion, treatment, and rehabilitation programs	116211
that are provided for alleged or adjudicated unruly children or	116212
delinquent children or for children who are at risk of becoming	116213
unruly children or delinquent children. The county shall not use	116214
for capital improvements more than fifteen per cent of the moneys	116215
in the fund that represent the applicable annual grant of those	116216
state subsidy funds.	116217

(ii) The moneys in the fund that were disbursed to the	116218
juvenile court pursuant to division (B) of section 5139.41 of the	116219
Revised Code and deposited pursuant to division (B)(1) of this	116220
section in the fund shall be used to provide programs and services	116221
for the training, treatment, or rehabilitation of felony	116222
delinquents that are alternatives to their commitment to the	116223
department, including, but not limited to, community residential	116224
programs, day treatment centers, services within the home, and	116225
electronic monitoring, and shall be used in connection with	116226
training, treatment, rehabilitation, early intervention, or other	116227
programs or services for any delinquent child, unruly child, or	116228
juvenile traffic offender who is under the jurisdiction of the	116229
juvenile court.	116230

The fund also may be used for prevention, early intervention,	116231
diversion, treatment, and rehabilitation programs that are	116232
provided for alleged or adjudicated unruly children, delinquent	116233
children, or juvenile traffic offenders or for children who are at	116234
risk of becoming unruly children, delinquent children, or juvenile	116235
traffic offenders. Consistent with division (B)(1) of this	116236
section, a county and the juvenile court of a county shall not use	116237
any of those moneys for capital construction projects.	116238

(iii) Moneys in the fund shall not be used to support	116239
programs or services that do not comply with federal juvenile	116240
justice and delinquency prevention core requirements or to support	116241
programs or services that research has shown to be ineffective.	116242
Moneys in the fund shall be prioritized to research-supported,	116243
outcome-based programs and services.	116244

(iv) The county and the juvenile court that serves the county	116245
may use moneys in the fund to provide out-of-home placement of	116246
children only in detention centers, community rehabilitation	116247
centers, or community corrections facilities approved by the	116248
department pursuant to standards adopted by the department,	116249
licensed by an authorized state agency, or accredited by the	116250
American correctional association or another national organization	116251
recognized by the department.	116252

(b) Each juvenile court shall comply with division (B)(3)(d)	116253
of this section as implemented by the department. If a juvenile	116254
court fails to comply with division (B)(3)(d) of this section, the	116255
department shall not be required to make any disbursements in	116256
accordance with division (C) or (D) of section 5139.41 or division	116257
(C)(2) of section 5139.34 of the Revised Code.	116258

(3) In accordance with rules adopted by the department	116259
pursuant to division (D) of section 5139.04 of the Revised Code,	116260
each juvenile court and the county served by that juvenile court	116261
shall do all of the following that apply:	116262

(a) The juvenile court shall prepare an annual grant	116263
agreement and application for funding that satisfies the	116264
requirements of this section and section 5139.34 of the Revised	116265
Code and that pertains to the use, upon an order of the juvenile	116266
court and subject to appropriation by the board of county	116267
commissioners, of the moneys in its felony delinquent care and	116268
custody fund for specified programs, care, and services as	116269
described in division (B)(2)(a) of this section, shall submit that	116270
agreement and application to the county family and children first	116271
council, the regional family and children first council, or the	116272
local intersystem services to children cluster as described in	116273
sections 121.37 and 121.38 of the Revised Code, whichever is	116274
applicable, and shall file that agreement and application with the	116275
department for its approval. The annual grant agreement and	116276
application for funding shall include a method of ensuring equal	116277
access for minority youth to the programs, care, and services	116278
specified in it.	116279

The department may approve an annual grant agreement and	116280
application for funding only if the juvenile court involved has	116281
complied with the preparation, submission, and filing requirements	116282
described in division (B)(3)(a) of this section. If the juvenile	116283
court complies with those requirements and the department approves	116284
that agreement and application, the juvenile court and the county	116285
served by the juvenile court may expend the state subsidy funds	116286
granted to the county pursuant to section 5139.34 of the Revised	116287
Code only in accordance with division (B)(2)(a) of this section,	116288
the rules pertaining to state subsidy funds that the department	116289
adopts pursuant to division (D) of section 5139.04 of the Revised	116290
Code, and the approved agreement and application.	116291

(b) By the thirty-first day of August of each year, the	116292
juvenile court shall file with the department a report that	116293
contains all of the statistical and other information for each	116294
month of the prior state fiscal year. If the juvenile court fails	116295
to file the report required by division (B)(3)(b) of this section	116296
by the thirty-first day of August of any year, the department	116297
shall not disburse any payment of state subsidy funds to which the	116298
county otherwise is entitled pursuant to section 5139.34 of the	116299
Revised Code and shall not disburse pursuant to division (B) of	116300
section 5139.41 of the Revised Code the applicable allocation	116301
until the juvenile court fully complies with division (B)(3)(b) of	116302
this section.	116303

(c) If the department requires the juvenile court to prepare	116304
monthly statistical reports and to submit the reports on forms	116305
provided by the department, the juvenile court shall file those	116306
reports with the department on the forms so provided. If the	116307
juvenile court fails to prepare and submit those monthly	116308
statistical reports within the department's timelines, the	116309
department shall not disburse any payment of state subsidy funds	116310
to which the county otherwise is entitled pursuant to section	116311
5139.34 of the Revised Code and shall not disburse pursuant to	116312
division (B) of section 5139.41 of the Revised Code the applicable	116313
allocation until the juvenile court fully complies with division	116314
(B)(3)(c) of this section. If the juvenile court fails to prepare	116315
and submit those monthly statistical reports within one hundred	116316
eighty days of the date the department establishes for their	116317
submission, the department shall not disburse any payment of state	116318
subsidy funds to which the county otherwise is entitled pursuant	116319
to section 5139.34 of the Revised Code and shall not disburse	116320
pursuant to division (B) of section 5139.41 of the Revised Code	116321
the applicable allocation, and the state subsidy funds and the	116322
remainder of the applicable allocation shall revert to the	116323
department. If a juvenile court states in a monthly statistical	116324
report that the juvenile court adjudicated within a state fiscal	116325
year five hundred or more children to be delinquent children for	116326
committing acts that would be felonies if committed by adults and	116327
if the department determines that the data in the report may be	116328
inaccurate, the juvenile court shall have an independent auditor	116329
or other qualified entity certify the accuracy of the data on a	116330
date determined by the department.	116331

(d) If the department requires the juvenile court and the	116332
county to participate in a fiscal monitoring program or another	116333
monitoring program that is conducted by the department to ensure	116334
compliance by the juvenile court and the county with division (B)	116335
of this section, the juvenile court and the county shall	116336
participate in the program and fully comply with any guidelines	116337
for the performance of audits adopted by the department pursuant	116338
to that program and all requests made by the department pursuant	116339
to that program for information necessary to reconcile fiscal	116340
accounting. If an audit that is performed pursuant to a fiscal	116341
monitoring program or another monitoring program described in this	116342
division determines that the juvenile court or the county used	116343
moneys in the county's felony delinquent care and custody fund for	116344
expenses that are not authorized under division (B) of this	116345
section, within forty-five days after the department notifies the	116346
county of the unauthorized expenditures, the county either shall	116347
repay the amount of the unauthorized expenditures from the county	116348
general revenue fund to the state's general revenue fund or shall	116349
file a written appeal with the department. If an appeal is timely	116350
filed, the director of the department shall render a decision on	116351
the appeal and shall notify the appellant county or its juvenile	116352
court of that decision within forty-five days after the date that	116353
the appeal is filed. If the director denies an appeal, the	116354
county's fiscal agent shall repay the amount of the unauthorized	116355
expenditures from the county general revenue fund to the state's	116356
general revenue fund within thirty days after receiving the	116357
director's notification of the appeal decision.	116358

(C) The determination of which county a reduction of the care	116359
and custody allocation will be charged against for a particular	116360
youth shall be made as outlined below for all youths who do not	116361
qualify as public safety beds. The determination of which county a	116362
reduction of the care and custody allocation will be charged	116363
against shall be made as follows until each youth is released:	116364

(1) In the event of a commitment, the reduction shall be	116365
charged against the committing county.	116366

(2) In the event of a recommitment, the reduction shall be	116367
charged against the original committing county until the	116368
expiration of the minimum period of institutionalization under the	116369
original order of commitment or until the date on which the youth	116370
is admitted to the department of youth services pursuant to the	116371
order of recommitment, whichever is later. Reductions of the	116372
allocation shall be charged against the county that recommitted	116373
the youth after the minimum expiration date of the original	116374
commitment.	116375

(3) In the event of a revocation of a release on parole, the	116376
reduction shall be charged against the county that revokes the	116377
youth's parole.	116378

(D) A juvenile court is not precluded by its allocation	116379
amount for the care and custody of felony delinquents from	116380
committing a felony delinquent to the department of youth services	116381
for care and custody in an institution or a community corrections	116382
facility when the juvenile court determines that the commitment is	116383
appropriate.	116384

Sec. 5310.35. The board of county commissioners shall	116385
conduct the public hearing required by section 5310.33 of the	116386
Revised Code in accordance with this section.	116387

(A)(1) The board shall prepare a notice of the hearing that	116388
includes each of the following:	116389

(a) A statement that the board is considering abolishing land	116390
registration in the county, that abolition would require the	116391
deregistration of all registered land in the county, and that	116392
after abolition all land in the county would have to be dealt with	116393
as nonregistered land;	116394

(b) A statement that the board seeks evidence with regard to	116395
the matters listed in section 5310.34 of the Revised Code;	116396

(c) The date, time, and place of the hearing, which shall be	116397
not earlier than two nor later than three months after the	116398
resolution to consider the merits of abolishing land registration	116399
was adopted by the board;	116400

(d) A statement that any person affected by the proposed	116401
abolition of land registration may appear at the hearing and	116402
present evidence as provided in division (B) of this section.	116403

(2) The board shall serve the notice by both of the following	116404
means:	116405

(a) Ordinary mail, evidenced by a certificate of mailing,	116406
addressed to each person from whom a receipt or signature card,	116407
giving residence and post-office address, has been taken by the	116408
county recorder under section 5309.30 or 5309.50 of the Revised	116409
Code, and to each person who has filed an affidavit with the	116410
county recorder under section 5309.72 of the Revised Code. The	116411
county recorder, within one month after the adoption of a	116412
resolution to consider the merits of abolishing land registration	116413
in the county, shall provide the board with the names and	116414
respective addresses of the persons who are entitled to notice	116415
under this division.	116416

If a notice is returned with an endorsement showing failure	116417
of delivery, the board is under no further obligation to directly	116418
serve the notice upon the addressee. The board shall preserve the	116419
returned notice in the records pertaining to its consideration of	116420
the merits of abolishing land registration in the county.	116421

(b) Publication twice a week for two consecutive weeks in a	116422
newspaper of general circulation in the county or as provided in	116423
section 7.16 of the Revised Code. Publication of the notice shall	116424
be completed at least one month prior to the date set for the	116425
hearing.	116426

(B) At the date, time, and place specified in the notice, the	116427
board shall conduct a hearing, which may be adjourned from day to	116428
day until complete, at which any person affected by the proposed	116429
abolition of land registration may appear in person, by ~~his~~	116430
attorney, or both, and present evidence, orally or in writing,	116431
with regard to the costs and benefits of maintaining land	116432
registration in the county. Any person who presents evidence may	116433
also present evidence refuting any evidence offered in opposition	116434
to ~~his~~the person's evidence.	116435

The board shall cause a stenographic record to be made of the	116436
hearing. The president of the board, or a member hethe president	116437
designates, shall preside at the hearing.	116438

Sec. 5321.01. As used in this chapter:

116439

(A) "Tenant" means a person entitled under a rental agreement	116440
to the use and occupancy of residential premises to the exclusion	116441
of others.	116442

(B) "Landlord" means the owner, lessor, or sublessor of	116443
residential premises, the agent of the owner, lessor, or	116444
sublessor, or any person authorized by the owner, lessor, or	116445
sublessor to manage the premises or to receive rent from a tenant	116446
under a rental agreement.	116447

(C) "Residential premises" means a dwelling unit for	116448
residential use and occupancy and the structure of which it is a	116449
part, the facilities and appurtenances in it, and the grounds,	116450
areas, and facilities for the use of tenants generally or the use	116451
of which is promised the tenant. "Residential premises" includes a	116452
dwelling unit that is owned or operated by a college or	116453
university. "Residential premises" does not include any of the	116454
following:	116455

(1) Prisons, jails, workhouses, and other places of	116456
incarceration or correction, including, but not limited to,	116457
halfway houses or residential arrangements that are used or	116458
occupied as a requirement of a community control sanction, a	116459
post-release control sanction, or parole;	116460

(2) Hospitals and similar institutions with the primary	116461
purpose of providing medical services, and homes licensed pursuant	116462
to Chapter 3721. of the Revised Code;	116463

(3) Tourist homes, hotels, motels, recreational vehicle	116464
parks, recreation camps, combined park-camps, temporary	116465
park-camps, and other similar facilities where circumstances	116466
indicate a transient occupancy;	116467

(4) Elementary and secondary boarding schools, where the cost	116468
of room and board is included as part of the cost of tuition;	116469

(5) Orphanages and similar institutions;

116470

(6) Farm residences furnished in connection with the rental	116471
of land of a minimum of two acres for production of agricultural	116472
products by one or more of the occupants;	116473

(7) Dwelling units subject to sections 3733.41 to ~~3733.49~~	116474
3733.43 of the Revised Code;	116475

(8) Occupancy by an owner of a condominium unit;

116476

(9) Occupancy in a facility licensed as an SRO facility	116477
pursuant to Chapter 3731. of the Revised Code, if the facility is	116478
owned or operated by an organization that is exempt from taxation	116479
under section 501(c)(3) of the "Internal Revenue Code of 1986,"	116480
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or	116481
group of entities in which such an organization has a controlling	116482
interest, and if either of the following applies:	116483

(a) The occupancy is for a period of less than sixty days.

116484

(b) The occupancy is for participation in a program operated	116485
by the facility, or by a public entity or private charitable	116486
organization pursuant to a contract with the facility, to provide	116487
either of the following:	116488

(i) Services licensed, certified, registered, or approved by	116489
a governmental agency or private accrediting organization for the	116490
rehabilitation of mentally ill persons, developmentally disabled	116491
persons, adults or juveniles convicted of criminal offenses, or	116492
persons suffering from substance abuse;	116493

(ii) Shelter for juvenile runaways, victims of domestic	116494
violence, or homeless persons.	116495

(10) Emergency shelters operated by organizations exempt from	116496
federal income taxation under section 501(c)(3) of the "Internal	116497
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as	116498
amended, for persons whose circumstances indicate a transient	116499
occupancy, including homeless people, victims of domestic	116500
violence, and juvenile runaways.	116501

(D) "Rental agreement" means any agreement or lease, written	116502
or oral, which establishes or modifies the terms, conditions,	116503
rules, or any other provisions concerning the use and occupancy of	116504
residential premises by one of the parties.	116505

(E) "Security deposit" means any deposit of money or property	116506
to secure performance by the tenant under a rental agreement.	116507

(F) "Dwelling unit" means a structure or the part of a	116508
structure that is used as a home, residence, or sleeping place by	116509
one person who maintains a household or by two or more persons who	116510
maintain a common household.	116511

(G) "Controlled substance" has the same meaning as in section	116512
3719.01 of the Revised Code.	116513

(H) "Student tenant" means a person who occupies a dwelling	116514
unit owned or operated by the college or university at which the	116515
person is a student, and who has a rental agreement that is	116516
contingent upon the person's status as a student.	116517

(I) "Recreational vehicle park," "recreation camp," "combined	116518
park-camp," and "temporary park-camp" have the same meanings as in	116519
section 3729.01 of the Revised Code.	116520

(J) "Community control sanction" has the same meaning as in	116521
section 2929.01 of the Revised Code.	116522

(K) "Post-release control sanction" has the same meaning as	116523
in section 2967.01 of the Revised Code.	116524

(L) "School premises" has the same meaning as in section	116525
2925.01 of the Revised Code.	116526

(M) "Sexually oriented offense" and "child-victim oriented	116527
offense" have the same meanings as in section 2950.01 of the	116528
Revised Code.	116529

(N) "Preschool or child day-care center premises" has the ~~the~~	116530
same meaning as in section 2950.034 of the Revised Code.	116531

Sec. 5501.44. (A) ~~The~~Notwithstanding section 5735.27 of the	116532
Revised Code, the director of transportation, when ~~he deems~~the	116533
director determines it in the interest of the welfare and safety	116534
of the citizens of Ohio, may enter into agreements with other	116535
states or subdivisions thereof or the United States relative to	116536
the cooperation in the repair, maintenance, or construction of a	116537
~~toll free~~ bridge crossing a stream that forms a boundary line of	116538
this state, and may expend state highway funds for said purpose.	116539

(1) No such agreement shall be made that obligates this state	116540
to expend more than the cost of the construction of such portion	116541
of said bridge as is located within the state, and not more than	116542
fifty per cent of the cost of maintenance of any such bridge, and	116543
no such agreement shall be made that obligates the state in excess	116544
of three hundred thousand dollars in any one year for maintenance.	116545

(2) Notwithstanding division (A)(1) of this section, the	116546
director may expend funds for the design, construction,	116547
inspection, maintenance, repair, and replacement of bridge and	116548
bridge approaches for the bridge that were transferred from the	116549
Ohio bridge commission to the control of the state of Ohio,	116550
department of transportation, as provided in Section 4 of Amended	116551
Substitute House Bill No. 98 of the 114th general assembly.	116552
Following the replacement of that bridge, the director may expend	116553
funds for the design, construction, inspection, maintenance,	116554
repair, and replacement of bridge and bridge approaches.	116555

(3) Any such agreements shall be approved by the governor and	116556
attorney general of the state before they become effective.	116557

(4) Each agreement entered into shall designate	116558
responsibility for inspection, provide for annual inspection, and	116559
require that a report of each inspection be filed with the	116560
department of transportation. The director, with regard to all	116561
existing bridges or other bridges on a stream that forms a	116562
boundary line of this state, shall take all reasonable measures to	116563
obtain and to secure the filing of a copy of each inspection	116564
report for each bridge with the department of transportation.	116565

(5) The department, upon hearing that a ~~toll free~~ bridge	116566
across the Ohio river is scheduled to be closed by a contiguous	116567
state, shall make all reasonable efforts to notify the Ohio	116568
residents likely to be adversely affected by that closing. The	116569
department also shall cooperate and communicate with contiguous	116570
states in trying to resolve bridge closing problems.	116571

(B)(1) The director, when hethe director considers it in the	116572
interest of the welfare and safety of the citizens of Ohio, may	116573
enter into agreements with other states, subdivisions thereof,	116574
metropolitan planning organizations, or the United States,	116575
relative to the design, construction, operation, maintenance, and	116576
repair of a regional traffic management system, and may expend	116577
state and federal highway funds for such purposes, notwithstanding	116578
any other provision of the Revised Code.	116579

(2) No such agreement shall be made that obligates this state	116580
to expend more than the cost of construction of such portion of a	116581
regional traffic management system as is located within the state,	116582
and not more than a proportional amount, based upon the system	116583
presence in this state, for costs of design, operation,	116584
maintenance, and repair.	116585

(3) Any such agreements shall be approved by the governor and	116586
attorney general of the state before they become effective.	116587

(4) As used in division (B) of this section, "regional	116588
traffic management system" means an integrated, high-technology	116589
system to provide remote control center surveillance and	116590
monitoring of the regional freeways and main arterial routes in	116591
order to reduce and eliminate major backups and delays to	116592
motorists in the area.	116593

Sec. 5501.73. (A) After selecting a solicited or unsolicited	116594
proposal for a public-private initiative, the department of	116595
transportation shall enter into a public-private agreement for a	116596
transportation facility with the selected private entity or any	116597
configuration of private entities. An affected jurisdiction may be	116598
a party to a public-private agreement entered into by the	116599
department and a selected private entity or combination of private	116600
entities.	116601

(B) A public-private agreement under this section shall	116602
provide for all of the following:	116603

(1) Planning, acquisition, financing, development, design,	116604
construction, reconstruction, replacement, improvement,	116605
maintenance, management, repair, leasing, or operation of a	116606
transportation facility;	116607

(2) Term of the public-private agreement~~, subject to division~~	116608
~~(D) of this section~~;	116609

(3) Type of property interest, if any, the private entity	116610
will have in the transportation facility;	116611

(4) A specific plan to ensure proper maintenance of the	116612
transportation facility throughout the term of the agreement and a	116613
return of the facility to the department, if applicable, in good	116614
condition and repair;	116615

(5) Whether user fees will be collected on the transportation	116616
facility and the basis by which such user fees shall be determined	116617
and modified;	116618

(6) Compliance with applicable federal, state, and local	116619
laws;	116620

(7) Grounds for termination of the public-private agreement	116621
by the department or operator;	116622

(8) Disposition of the facility upon completion of the	116623
agreement;	116624

(9) Procedures for amendment of the agreement.

116625

(C) A public-private agreement under this section may provide	116626
for any of the following:	116627

(1) Review and approval by the department of the operator's	116628
plans for the development and operation of the transportation	116629
facility;	116630

(2) Inspection by the department of construction of or	116631
improvements to the transportation facility;	116632

(3) Maintenance by the operator of a policy of liability	116633
insurance or self-insurance;	116634

(4) Filing by the operator, on a periodic basis, of	116635
appropriate financial statements in a form acceptable to the	116636
department;	116637

(5) Filing by the operator, on a periodic basis, of traffic	116638
reports in a form acceptable to the department;	116639

(6) Financing obligations of the operator and the department;

116640

(7) Apportionment of expenses between the operator and the	116641
department;	116642

(8) Rights and duties of the operator, the department, and	116643
other state and local governmental entities with respect to use of	116644
the transportation facility;	116645

(9) Rights and remedies available in the event of default or	116646
delay;	116647

(10) Terms and conditions of indemnification of the operator	116648
by the department;	116649

(11) Assignment, subcontracting, or other delegation of	116650
responsibilities of the operator or the department under the	116651
agreement to third parties, including other private entities and	116652
other state agencies;	116653

(12) Sale or lease to the operator of private property	116654
related to the transportation facility;	116655

(13) Traffic enforcement and other policing issues, including	116656
any reimbursement by the private entity for such services.	116657

(D) ~~Any public-private agreement entered into under this~~	116658
~~section may be for a period not to exceed the then current~~	116659
~~two-year period for which appropriations have been made by the~~	116660
~~general assembly to the department; provided, that any agreement~~	116661
~~may be renewed for succeeding two-year periods when the general~~	116662
~~assembly enacts sufficient appropriations to the department for~~	116663
~~each successive biennium. Any such agreement may include, without~~	116664
~~limitation, any agreement by the department with respect to any~~	116665
~~costs of transportation facilities to be included prior to~~	116666
~~acquisition and construction of such transportation facilities.~~	116667
~~Any such agreement shall not constitute a debt or pledge of the~~	116668
~~faith and credit of the state, or of any political subdivision of~~	116669
~~the state, and the operator shall have no right to have taxes or~~	116670
~~excises levied by the general assembly, or the taxing authority of~~	116671
~~any political subdivision of the state, for payments under the~~	116672
~~agreement. Any such agreement shall contain a statement to that~~	116673
~~effect.~~	116674

~~(E)~~ No public-private agreement entered into under this	116675
section shall be construed to transfer to a private entity the	116676
director's authority to appropriate property under Chapters 163.,	116677
5501., and 5519. of the Revised Code.	116678

Sec. 5502.52. (A) There is hereby created the statewide	116679
emergency alert program to aid in the identification and location	116680
of children who are under eighteen years of age, who are abducted,	116681
and whose abduction, as determined by a law enforcement agency,	116682
poses a credible threat of immediate danger of serious bodily harm	116683
or death to a child. The program shall be a coordinated effort	116684
among the governor's office, the department of public safety, the	116685
attorney general, law enforcement agencies, the state's public and	116686
commercial television and radio broadcasters, and others as deemed	116687
necessary by the governor.	116688

(B) The statewide emergency alert program shall not be	116689
implemented unless all of the following activation criteria are	116690
met:	116691

(1) The local investigating law enforcement agency confirms	116692
that an abduction has occurred.	116693

(2) An abducted child is under eighteen years of age.

116694

(3) The abduction poses a credible threat of immediate danger	116695
of serious bodily harm or death to a child.	116696

(4) A law enforcement agency determines that the child is not	116697
a runaway and has not been abducted as a result of a child custody	116698
dispute, unless the dispute poses a credible threat of immediate	116699
danger of serious bodily harm or death to the child.	116700

(5) There is sufficient descriptive information about the	116701
child, the abductor, and the circumstances surrounding the	116702
abduction to indicate that activation of the alert will help	116703
locate the child.	116704

(C) Nothing in division (B) of this section prevents the	116705
activation of a local or regional emergency alert program that may	116706
impose different criteria for the activation of a local or	116707
regional plan.	116708

(D) Any radio broadcast station, television broadcast	116709
station, or cable television system participating in the statewide	116710
emergency alert program or in any local or regional emergency	116711
alert program, and any director, officer, employee, or agent of	116712
any such station or system, shall not be liable to any person for	116713
damages for any loss allegedly caused by or resulting from the	116714
station's or system's broadcast or cablecast of, or failure to	116715
broadcast or cablecast, any information pursuant to the statewide	116716
emergency alert program or the local or regional emergency alert	116717
program.	116718

(E) No person shall knowingly make a false report that a	116719
child has been abducted and that leads to the implementation of	116720
the statewide emergency alert program created under this section	116721
or that leads to the implementation of a local or regional	116722
emergency alert program. Whoever violates this division is guilty	116723
of a felony of the fourth degree.	116724

(F) As used in this section:

116725

(1) "Abducted child" means a child for whom there is credible	116726
evidence to believe that the child has been abducted in violation	116727
of section 2905.01, 2905.02, 2905.03, or 2905.05 of the Revised	116728
Code.	116729

(2) "Cable television system" means a cable system, as	116730
defined in section 2913.04 of the Revised Code.	116731

(3) "Law enforcement agency" includes, but is not limited to,	116732
a county sheriff's office, the office of a village marshal, a	116733
police department of a municipal corporation, a police force of a	116734
regional transit authority, a police force of a metropolitan	116735
housing authority, the state highway patrol, a state university	116736
law enforcement agency, the office of a township police constable,	116737
and the police department of a township or joint ~~township~~ police	116738
district.	116739

Sec. 5502.522. (A) There is hereby created the statewide	116740
emergency alert program to aid in the identification and location	116741
of any individual who has a mental impairment or is sixty-five	116742
years of age or older, who is or is believed to be a temporary or	116743
permanent resident of this state, is at a location that cannot be	116744
determined by an individual familiar with the missing individual,	116745
and is incapable of returning to the missing individual's	116746
residence without assistance, and whose disappearance, as	116747
determined by a law enforcement agency, poses a credible threat of	116748
immediate danger of serious bodily harm or death to the missing	116749
individual. The program shall be a coordinated effort among the	116750
governor's office, the department of public safety, the attorney	116751
general, law enforcement agencies, the state's public and	116752
commercial television and radio broadcasters, and others as	116753
determined necessary by the governor. No name shall be given to	116754
the program created under this division that conflicts with any	116755
alert code standards that are required by federal law and that	116756
govern the naming of emergency alert programs.	116757

(B) The statewide emergency alert program shall not be	116758
implemented unless all of the following activation criteria are	116759
met:	116760

(1) The local investigating law enforcement agency confirms	116761
that the individual is missing.	116762

(2) The individual is sixty-five years of age or older or has	116763
a mental impairment.	116764

(3) The disappearance of the individual poses a credible	116765
threat of immediate danger of serious bodily harm or death to the	116766
individual.	116767

(4) There is sufficient descriptive information about the	116768
individual and the circumstances surrounding the individual's	116769
disappearance to indicate that activation of the alert will help	116770
locate the individual.	116771

(C) Nothing in division (B) of this section prevents the	116772
activation of a local or regional emergency alert program that may	116773
impose different criteria for the activation of a local or	116774
regional plan.	116775

(D) Any radio broadcast station, television broadcast	116776
station, or cable system participating in the statewide emergency	116777
alert program or in any local or regional emergency alert program,	116778
and any director, officer, employee, or agent of any station or	116779
system participating in either type of alert program, shall not be	116780
liable to any person for damages for any loss allegedly caused by	116781
or resulting from the station's or system's broadcast or cablecast	116782
of, or failure to broadcast or cablecast, any information pursuant	116783
to the statewide emergency alert program or the local or regional	116784
emergency alert program.	116785

(E) A local investigating law enforcement agency shall not be	116786
required to notify the statewide emergency alert program that the	116787
law enforcement agency has received information that meets the	116788
activation criteria set forth in division (B) of this section	116789
during the first twenty-four hours after the law enforcement	116790
agency receives the information.	116791

(F) Nothing in this section shall be construed to authorize	116792
the use of the federal emergency alert system unless otherwise	116793
authorized by federal law.	116794

(G) As used in this section:

116795

(1) "Cable system" has the same meaning as in section 2913.04	116796
of the Revised Code.	116797

(2) "Law enforcement agency" includes, but is not limited to,	116798
a county sheriff's office, the office of a village marshal, a	116799
police department of a municipal corporation, a police force of a	116800
regional transit authority, a police force of a metropolitan	116801
housing authority, the state highway patrol, a state university	116802
law enforcement agency, the office of a township police constable,	116803
and the police department of a township or joint ~~township~~ police	116804
district.	116805

(3) "Mental impairment" means a substantial disorder of	116806
thought, mood, perception, orientation, or memory that grossly	116807
impairs judgment, behavior, or ability to live independently or	116808
provide self-care as certified by a licensed physician,	116809
psychiatrist, or psychologist.	116810

Sec. 5502.61. As used in sections 5502.61 to 5502.66 of the	116811
Revised Code:	116812

(A) "Federal criminal justice acts" means any federal law	116813
that authorizes financial assistance and other forms of assistance	116814
to be given by the federal government to the states to be used for	116815
the improvement of the criminal and juvenile justice systems of	116816
the states.	116817

(B)(1) "Criminal justice system" includes all of the	116818
functions of the following:	116819

(a) The state highway patrol, county sheriff offices,	116820
municipal and township police departments, and all other law	116821
enforcement agencies;	116822

(b) The courts of appeals, courts of common pleas, municipal	116823
courts, county courts, and mayor's courts, when dealing with	116824
criminal cases;	116825

(c) The prosecuting attorneys, city directors of law, village	116826
solicitors, and other prosecuting authorities when prosecuting or	116827
otherwise handling criminal cases, and the county and joint county	116828
public defenders and other public defender agencies or offices;	116829

(d) The department of rehabilitation and correction,	116830
probation departments, county and municipal jails and workhouses,	116831
and any other department, agency, or facility that is concerned	116832
with the rehabilitation or correction of criminal offenders;	116833

(e) Any public or private agency whose purposes include the	116834
prevention of crime or the diversion, adjudication, detention, or	116835
rehabilitation of criminal offenders;	116836

(f) Any public or private agency, the purposes of which	116837
include assistance to crime victims or witnesses.	116838

(2) The inclusion of any public or private agency, the	116839
purposes of which include assistance to crime victims or	116840
witnesses, as part of the criminal justice system pursuant to	116841
division (B)(1) of this section does not limit, and shall not be	116842
construed as limiting, the discretion or authority of the attorney	116843
general with respect to crime victim assistance and criminal	116844
justice programs.	116845

(C) "Juvenile justice system" includes all of the functions	116846
of the juvenile courts, the department of youth services, any	116847
public or private agency whose purposes include the prevention of	116848
delinquency or the diversion, adjudication, detention, or	116849
rehabilitation of delinquent children, and any of the functions of	116850
the criminal justice system that are applicable to children.	116851

(D) "Comprehensive plan" means a document that coordinates,	116852
evaluates, and otherwise assists, on an annual or multi-year	116853
basis, any of the functions of the criminal and juvenile justice	116854
systems of the state or a specified area of the state, that	116855
conforms to the priorities of the state with respect to criminal	116856
and juvenile justice systems, and that conforms with the	116857
requirements of all federal criminal justice acts. These functions	116858
may include, but are not limited to, any of the following:	116859

(1) Crime and delinquency prevention;

116860

(2) Identification, detection, apprehension, and detention of	116861
persons charged with criminal offenses or delinquent acts;	116862

(3) Assistance to crime victims or witnesses, except that the	116863
comprehensive plan does not include the functions of the attorney	116864
general pursuant to sections 109.91 and 109.92 of the Revised	116865
Code;	116866

(4) Adjudication or diversion of persons charged with	116867
criminal offenses or delinquent acts;	116868

(5) Custodial treatment of criminal offenders, delinquent	116869
children, or both;	116870

(6) Institutional and noninstitutional rehabilitation of	116871
criminal offenders, delinquent children, or both.	116872

(E) "Metropolitan county criminal justice services agency"	116873
means an agency that is established pursuant to division (A) of	116874
section 5502.64 of the Revised Code.	116875

(F) "Administrative planning district" means a district that	116876
is established pursuant to division (A) or (B) of section 5502.66	116877
of the Revised Code.	116878

(G) "Criminal justice coordinating council" means a criminal	116879
justice services agency that is established pursuant to division	116880
(D) of section 5502.66 of the Revised Code.	116881

(H) "Local elected official" means any person who is a member	116882
of a board of county commissioners or township trustees or of a	116883
city or village council, judge of the court of common pleas, a	116884
municipal court, or a county court, sheriff, county coroner,	116885
prosecuting attorney, city director of law, village solicitor, or	116886
mayor.	116887

(I) "Juvenile justice coordinating council" means a juvenile	116888
justice services agency that is established pursuant to division	116889
(D) of section 5502.66 of the Revised Code.	116890

(J) "Mcgruff house program" means a program in which	116891
individuals or families volunteer to have their homes or other	116892
buildings serve as places of temporary refuge for children and to	116893
display the mcgruff house symbol identifying the home or building	116894
as that type of place.	116895

(K) "Mcgruff house symbol" means the symbol that is	116896
characterized by the image of "mcgruff," the crime dog, and the	116897
slogan "take a bite out of crime," and that has been adopted by	116898
the national crime prevention council as the symbol of its	116899
national citizens' crime prevention campaign.	116900

(L) "Sponsoring agency" means any of the following:

116901

(1) The board of education of any city, local, or exempted	116902
village school district;	116903

(2) The governing board of any educational service center;

116904

(3) The governing authority of any chartered nonpublic	116905
school;	116906

(4) The police department of any municipal corporation,	116907
township, township police district, or joint ~~township~~ police	116908
district;	116909

(5) The office of any township constable or county sheriff.

116910

Sec. 5502.68. (A) There is hereby created in the state	116911
treasury the drug law enforcement fund. Ninety-seven per cent of	116912
three dollars and fifty cents out of each ten-dollar court cost	116913
imposed pursuant to section 2949.094 of the Revised Code shall be	116914
credited to the fund. Money in the fund shall be used only in	116915
accordance with this section to award grants to counties,	116916
municipal corporations, townships, township police districts, and	116917
joint ~~township~~ police districts to defray the expenses that a	116918
drug task force organized in the county, or in the county in which	116919
the municipal corporation, township, or district is located,	116920
incurs in performing its functions related to the enforcement of	116921
the state's drug laws and other state laws related to illegal drug	116922
activity.	116923

The division of criminal justice services shall administer	116924
all money deposited into the drug law enforcement fund and, by	116925
rule adopted under Chapter 119. of the Revised Code, shall	116926
establish procedures for a county, municipal corporation,	116927
township, township police district, or joint ~~township~~ police	116928
district to apply for money from the fund to defray the expenses	116929
that a drug task force organized in the county, or in the county	116930
in which the municipal corporation, township, or district is	116931
located, incurs in performing its functions related to the	116932
enforcement of the state's drug laws and other state laws related	116933
to illegal drug activity, procedures and criteria for determining	116934
eligibility of applicants to be provided money from the fund, and	116935
procedures and criteria for determining the amount of money to be	116936
provided out of the fund to eligible applicants.	116937

(B) The procedures and criteria established under division	116938
(A) of this section for applying for money from the fund shall	116939
include, but shall not be limited to, a provision requiring a	116940
county, municipal corporation, township, township police district,	116941
or joint ~~township~~ police district that applies for money from the	116942
fund to specify in its application the amount of money desired	116943
from the fund, provided that the cumulative amount requested in	116944
all applications submitted for any single drug task force may not	116945
exceed more than two hundred fifty thousand dollars in any	116946
calendar year for that task force.	116947

(C) The procedures and criteria established under division	116948
(A) of this section for determining eligibility of applicants to	116949
be provided money from the fund and for determining the amount of	116950
money to be provided out of the fund to eligible applicants shall	116951
include, but not be limited to, all of the following:	116952

(1) Provisions requiring that, in order to be eligible to be	116953
provided money from the fund, a drug task force that applies for	116954
money from the fund must provide evidence that the drug task force	116955
will receive a local funding match of at least twenty-five per	116956
cent of the task force's projected operating costs in the period	116957
of time covered by the grant;	116958

(2) Provisions requiring that money from the fund be	116959
allocated and provided to drug task forces that apply for money	116960
from the fund in accordance with the following priorities:	116961

(a) Drug task forces that apply, that are in existence on the	116962
date of the application, and that are determined to be eligible	116963
applicants, and to which either of the following applies shall be	116964
given first priority to be provided money from the fund:	116965

(i) Drug task forces that received funding through the	116966
division of criminal justice services in calendar year 2007;	116967

(ii) Drug task forces in a county that has a population that	116968
exceeds seven hundred fifty thousand.	116969

(b) If any moneys remain in the fund after all drug task	116970
forces that apply, that are in existence on the date of the	116971
application, that are determined to be eligible applicants, and	116972
that satisfy the criteria set forth in division (C)(2)(a)(i) or	116973
(ii) of this section are provided money from the fund as described	116974
in division (C)(2)(a) of this section, the following categories of	116975
drug task forces that apply and that are determined to be eligible	116976
applicants shall be given priority to be provided money from the	116977
fund in the order in which they apply for money from the fund:	116978

(i) Drug task forces that are not in existence on the date of	116979
the application;	116980

(ii) Drug task forces that are in existence on the date of	116981
the application but that do not satisfy the criteria set forth in	116982
division (C)(2)(a)(i) or (ii) of this section.	116983

(D) The procedures and criteria established under division	116984
(A) of this section for determining the amount of money to be	116985
provided out of the fund to eligible applicants shall include, but	116986
shall not be limited to, a provision specifying that the	116987
cumulative amount provided to any single drug task force may not	116988
exceed more than two hundred fifty thousand dollars in any	116989
calendar year.	116990

(E) As used in this section, "drug task force" means a drug	116991
task force organized in any county by the sheriff of the county,	116992
the prosecuting attorney of the county, the chief of police of the	116993
organized police department of any municipal corporation or	116994
township in the county, and the chief of police of the police	116995
force of any township police district or joint ~~township~~ police	116996
district in the county to perform functions related to the	116997
enforcement of state drug laws and other state laws related to	116998
illegal drug activity.	116999

Sec. 5505.04. (A)(1) The general administration and	117000
management of the state highway patrol retirement system and the	117001
making effective of this chapter are hereby vested in the state	117002
highway patrol retirement board. The board may sue and be sued,	117003
plead and be impleaded, contract and be contracted with, and do	117004
all things necessary to carry out this chapter.	117005

The board shall consist of the following members:

117006

(a) The superintendent of the state highway patrol;

117007

(b) Two retirant members who reside in this state;

117008

117009

(d) One member, known as the treasurer of state's investment	117010
designee, who shall be appointed by the treasurer of state for a	117011
term of four years and who shall have the following	117012
qualifications:	117013

(i) The member is a resident of this state.

117014

(ii) Within the three years immediately preceding the	117015
appointment, the member has not been employed by the public	117016
employees retirement system, police and fire pension fund, state	117017
teachers retirement system, school employees retirement system, or	117018
state highway patrol retirement system or by any person,	117019
partnership, or corporation that has provided to one of those	117020
retirement systems services of a financial or investment nature,	117021
including the management, analysis, supervision, or investment of	117022
assets.	117023

(iii) The member has direct experience in the management,	117024
analysis, supervision, or investment of assets.	117025

(iv) The member is not currently employed by the state or a	117026
political subdivision of the state.	117027

(e) Two investment expert members, who shall be appointed to	117028
four-year terms. One investment expert member shall be appointed	117029
by the governor, and one investment expert member shall be jointly	117030
appointed by the speaker of the house of representatives and the	117031
president of the senate. Each investment expert member shall have	117032
the following qualifications:	117033

(i) Each investment expert member shall be a resident of this	117034
state.	117035

(ii) Within the three years immediately preceding the	117036
appointment, each investment expert member shall not have been	117037
employed by the public employees retirement system, police and	117038
fire pension fund, state teachers retirement system, school	117039
employees retirement system, or state highway patrol retirement	117040
system or by any person, partnership, or corporation that has	117041
provided to one of those retirement systems services of a	117042
financial or investment nature, including the management,	117043
analysis, supervision, or investment of assets.	117044

(iii) Each investment expert member shall have direct	117045
experience in the management, analysis, supervision, or investment	117046
of assets.	117047

(2) The board shall annually elect a chairperson and	117048
vice-chairperson from among its members. The vice-chairperson	117049
shall act as chairperson in the absence of the chairperson. A	117050
majority of the members of the board shall constitute a quorum and	117051
any action taken shall be approved by a majority of the members of	117052
the board. The board shall meet not less than once each year, upon	117053
sufficient notice to the members. All meetings of the board shall	117054
be open to the public except executive sessions as set forth in	117055
division (G) of section 121.22 of the Revised Code, and any	117056
portions of any sessions discussing medical records or the degree	117057
of disability of a member excluded from public inspection by this	117058
section.	117059

(3) Any investment expert member appointed to fill a vacancy	117060
occurring prior to the expiration of the term for which the	117061
member's predecessor was appointed holds office until the end of	117062
such term. The member continues in office subsequent to the	117063
expiration date of the member's term until the member's successor	117064
takes office, or until a period of sixty days has elapsed,	117065
whichever occurs first.	117066

(B) The attorney general shall prescribe procedures for the	117067
adoption of rules authorized under this chapter, consistent with	117068
the provision of section 111.15 of the Revised Code under which	117069
all rules shall be filed in order to be effective. Such procedures	117070
shall establish methods by which notice of proposed rules are	117071
given to interested parties and rules adopted by the board	117072
published and otherwise made available. When it files a rule with	117073
the joint committee on agency rule review pursuant to section	117074
111.15 of the Revised Code, the board shall submit to the Ohio	117075
retirement study council a copy of the full text of the rule, and	117076
if applicable, a copy of the rule summary and fiscal analysis	117077
required by division (B) of section 127.18 of the Revised Code.	117078

(C)(1) As used in this division, "personal history record"	117079
means information maintained by the board on an individual who is	117080
a member, former member, retirant, or beneficiary that includes	117081
the address, telephone number, social security number, record of	117082
contributions, correspondence with the system, and other	117083
information the board determines to be confidential.	117084

(2) The records of the board shall be open to public	117085
inspection, except for the following which shall be excluded: the	117086
member's, former member's, retirant's, or beneficiary's personal	117087
history record and the amount of a monthly allowance or benefit	117088
paid to a retirant, beneficiary, or survivor, except with the	117089
written authorization of the individual concerned.	117090

(D) All medical reports and recommendations are privileged	117091
except as follows:	117092

(1) Copies of such medical reports or recommendations shall	117093
be made available to the individual's personal physician,	117094
attorney, or authorized agent upon written release received from	117095
such individual or such individual's agent, or when necessary for	117096
the proper administration of the fund to the board-assigned	117097
physician.	117098

(2) Documentation required by section 2929.193 of the Revised	117099
Code shall be provided to a court holding a hearing under that	117100
section.	117101

(E) Notwithstanding the exceptions to public inspection in	117102
division (C)(2) of this section, the board may furnish the	117103
following information:	117104

(1) If a member, former member, or retirant is subject to an	117105
order issued under section 2907.15 of the Revised Code or an order	117106
issued under division (A) or (B) of section 2929.192 of the	117107
Revised Code or is convicted of or pleads guilty to a violation of	117108
section 2921.41 of the Revised Code, on written request of a	117109
prosecutor as defined in section 2935.01 of the Revised Code, the	117110
board shall furnish to the prosecutor the information requested	117111
from the individual's personal history record.	117112

(2) Pursuant to a court order issued under Chapters 3119.,	117113
3121., and 3123. of the Revised Code, the board shall furnish to a	117114
court or child support enforcement agency the information required	117115
under those chapters.	117116

(3) At the written request of any nonprofit organization or	117117
association providing services to retirement system members,	117118
retirants, or beneficiaries, the board shall provide to the	117119
organization or association a list of the names and addresses of	117120
members, former members, retirants, or beneficiaries if the	117121
organization or association agrees to use such information solely	117122
in accordance with its stated purpose of providing services to	117123
such individuals and not for the benefit of other persons,	117124
organizations, or associations. The costs of compiling, copying,	117125
and mailing the list shall be paid by such entity.	117126

(4) Within fourteen days after receiving from the director of	117127
job and family services a list of the names and social security	117128
numbers of recipients of public assistance pursuant to section	117129
5101.181 of the Revised Code, the board shall inform the auditor	117130
of state of the name, current or most recent employer address, and	117131
social security number of each member whose name and social	117132
security number are the same as those of a person whose name or	117133
social security number was submitted by the director. The board	117134
and its employees, except for purposes of furnishing the auditor	117135
of state with information required by this section, shall preserve	117136
the confidentiality of recipients of public assistance in	117137
compliance with ~~division (A) of~~ section 5101.181 of the Revised	117138
Code.	117139

(5) The system shall comply with orders issued under section	117140
3105.87 of the Revised Code.	117141

On the written request of an alternate payee, as defined in	117142
section 3105.80 of the Revised Code, the system shall furnish to	117143
the alternate payee information on the amount and status of any	117144
amounts payable to the alternate payee under an order issued under	117145
section 3105.171 or 3105.65 of the Revised Code.	117146

(6) At the request of any person, the board shall make	117147
available to the person copies of all documents, including	117148
resumes, in the board's possession regarding filling a vacancy of	117149
an employee member or retirant member of the board. The person who	117150
made the request shall pay the cost of compiling, copying, and	117151
mailing the documents. The information described in this division	117152
is a public record.	117153

(7) The system shall provide the notice required by section	117154
5505.263 of the Revised Code to the prosecutor assigned to the	117155
case.	117156

(F) A statement that contains information obtained from the	117157
system's records that is certified and signed by an officer of the	117158
retirement system and to which the system's official seal is	117159
affixed, or copies of the system's records to which the signature	117160
and seal are attached, shall be received as true copies of the	117161
system's records in any court or before any officer of this state.	117162

Sec. 5505.22. The right of any individual to a pension, or	117163
to the return of accumulated contributions, payable as provided	117164
under this chapter, and all moneys and investments of the state	117165
highway patrol retirement system and income from moneys or	117166
investments are exempt from any state tax, except the tax imposed	117167
by section 5747.02 of the Revised Code, and are exempt from any	117168
county, municipal, or other local tax, except income taxes imposed	117169
pursuant to section 5748.02 or, 5748.08, or 5748.09 of the Revised	117170
Code, and, except as provided in sections 3105.171, 3105.65,	117171
3115.32, 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, 5505.26,	117172
5505.262, and 5505.263 of the Revised Code, shall not be subject	117173
to execution, garnishment, attachment, the operation of bankruptcy	117174
or insolvency laws, or any other process of law whatsoever, and	117175
shall be unassignable except as specifically provided in this	117176
chapter.	117177

Sec. 5525.04. No bidder shall be given a certificate of	117178
qualification unless the bidder's financial statement and the	117179
investigation made by the director of transportation show that the	117180
bidder possesses net current assets or working capital sufficient,	117181
in the judgment of the director, to render it probable that the	117182
bidder can satisfactorily execute the bidder's contracts and meet	117183
all contractual obligations. Any applicant desiring a certificate	117184
of qualification in an amount of ~~two~~five million dollars or more	117185
shall submit on forms prescribed by the director a financial audit	117186
prepared and attested as correct by an independent certified	117187
public accountant. Any applicant desiring a certificate of	117188
qualification in an amount that is less than ~~two~~five million	117189
dollars shall submit a financial review on forms prescribed by the	117190
director. The aggregate amount of work set forth in either type of	117191
certificate of qualification shall not exceed ten times the	117192
applicant's net current assets or working capital. At the time of	117193
bidding, a bidder's qualification is determined by the bidder's	117194
qualification amount minus all of the bidder's pending work.	117195

Applicants for qualification shall expressly authorize the	117196
director to obtain any information that the director considers	117197
pertinent, with respect to the financial worth, assets, and	117198
liabilities of the applicant, from banks or other financial	117199
institutions, surety companies, dealers in material, equipment, or	117200
supplies, or other persons having business transactions with the	117201
applicant. Applicants shall expressly authorize all such financial	117202
institutions or other persons to furnish any such information	117203
requested from them by the director. All information filed with or	117204
furnished to the director by applicants or other persons, in	117205
connection with the administration of sections 5525.02 to 5525.09	117206
of the Revised Code, shall be kept in confidence by the director	117207
and not revealed to any person, except upon proper order of a	117208
court. Failure to submit the required information or to expressly	117209
grant the director authority to obtain the required information	117210
shall result in the denial of a certificate of qualification. The	117211
director or the director's subordinates shall have access to the	117212
books of account and financial records of all applicants, unless	117213
the financial statement furnished by any applicant is prepared and	117214
attested as correct by a certified public accountant.	117215

If an applicant for either type of certificate of	117216
qualification is or has been an employer in this state the	117217
application shall be accompanied by satisfactory evidence that the	117218
applicant has complied with Chapter 4123. of the Revised Code.	117219

The director may require all qualified bidders to file	117220
financial statements at such intervals as the director prescribes.	117221
Sections 5525.02 to 5525.09 of the Revised Code shall be	117222
administered without reference to the residence of applicants, and	117223
the rules of the director shall apply equally to residents and	117224
nonresidents of this state. Sections 5525.02 to 5525.09 of the	117225
Revised Code, do not apply to the purchase of material, equipment,	117226
or supplies.	117227

Sec. 5540.03. (A) A transportation improvement district may:

117228

(1) Adopt bylaws for the regulation of its affairs and the	117229
conduct of its business;	117230

(2) Adopt an official seal;

117231

(3) Sue and be sued in its own name, plead and be impleaded,	117232
provided any actions against the district shall be brought in the	117233
court of common pleas of the county in which the principal office	117234
of the district is located, or in the court of common pleas of the	117235
county in which the cause of action arose, and all summonses,	117236
exceptions, and notices of every kind shall be served on the	117237
district by leaving a copy thereof at its principal office with	117238
the secretary-treasurer;	117239

(4) Purchase, construct, maintain, repair, sell, exchange,	117240
police, operate, or lease projects;	117241

(5) Issue either or both of the following for the purpose of	117242
providing funds to pay the costs of any project or part thereof:	117243

(a) Transportation improvement district revenue bonds;

117244

(b) Bonds pursuant to Section 13 of Article VIII, Ohio	117245
Constitution;	117246

(6) Maintain such funds as it considers necessary;

117247

(7) Direct its agents or employees, when properly identified	117248
in writing and after at least five days' written notice, to enter	117249
upon lands within its jurisdiction to make surveys and	117250
examinations preliminary to the location and construction of	117251
projects for the district, without liability of the district or	117252
its agents or employees except for actual damage done;	117253

(8) Make and enter into all contracts and agreements	117254
necessary or incidental to the performance of its functions and	117255
the execution of its powers under this chapter;	117256

(9) Employ or retain or contract for the services of	117257
consulting engineers, superintendents, managers, and such other	117258
engineers, construction and accounting experts, financial	117259
advisers, trustees, marketing, remarketing, and administrative	117260
agents, attorneys, and other employees, independent contractors,	117261
or agents as are necessary in its judgment and fix their	117262
compensation, provided all such expenses shall be payable solely	117263
from the proceeds of bonds or from revenues;	117264

(10) Receive and accept from the federal or any state or	117265
local government, including, but not limited to, any agency,	117266
entity, or instrumentality of any of the foregoing, loans and	117267
grants for or in aid of the construction, maintenance, or repair	117268
of any project, and receive and accept aid or contributions from	117269
any source or person of money, property, labor, or other things of	117270
value, to be held, used, and applied only for the purposes for	117271
which such loans, grants, and contributions are made. Nothing in	117272
division (A)(10) of this section shall be construed as imposing	117273
any liability on this state for any loan received by a	117274
transportation improvement district from a third party unless this	117275
state has entered into an agreement to accept such liability.	117276

(11) Acquire, hold, and dispose of property in the exercise	117277
of its powers and the performance of its duties under this	117278
chapter;	117279

(12) Establish and collect tolls or user charges for its	117280
projects;	117281

(13) Do all acts necessary and proper to carry out the powers	117282
expressly granted in this chapter.	117283

(B) Chapters 123., 124., 125., 153., and 4115., and sections	117284
9.331~~, 9.332, 9.333,~~to 9.335 and 307.86 of the Revised Code do	117285
not apply to contracts or projects of a transportation improvement	117286
district.	117287

Sec. 5540.031. (A) The board of trustees of a transportation	117288
improvement district may provide for the construction,	117289
reconstruction, improvement, alteration, or repair of any road,	117290
highway, public place, building, or other infrastructure and levy	117291
special assessments, if the board determines that the public	117292
improvement will benefit the area where it will be constructed,	117293
reconstructed, improved, altered, or repaired. However, if the	117294
improvement is proposed for territory in a political subdivision	117295
located outside the district's territory, the legislative	117296
authority of that political subdivision shall approve the	117297
undertaking of the improvement within the political subdivision.	117298

(B) If any improvements are made under this section,	117299
contracts for the improvement may provide that the improvement may	117300
be owned by the district or by the person or corporation supplying	117301
it to the district under a lease.	117302

(C) If the board of trustees of a district proposes an	117303
improvement described in division (A) of this section, the board	117304
shall conduct a hearing on the proposed improvement. The board	117305
shall indicate by metes and bounds the area in which the public	117306
improvement will be made and the area that will benefit from the	117307
improvement.	117308

(D) The board of trustees shall fix a day for a hearing on	117309
the proposed improvement. The secretary-treasurer of the board	117310
shall deliver, to each owner of a parcel of land or a lot that the	117311
board identifies as benefiting from the proposed improvement, a	117312
notice that sets forth the substance of the proposed improvement	117313
and the time and place of the hearing on it. At least fifteen days	117314
before the date set for the hearing, a copy of the notice shall be	117315
served upon the owner or left at ~~his~~the owner's usual place of	117316
residence, or, if the owner is a corporation, upon an officer or	117317
agent of the corporation. On or before the day of the hearing, the	117318
person serving notice of the hearing shall make return thereon,	117319
under oath, of the time and manner of service, and shall file the	117320
notice with the secretary-treasurer of the board.	117321

At least fifteen days before the day set for the hearing on	117322
the proposed improvement, the secretary-treasurer shall give	117323
notice to each nonresident owner of a lot or parcel of land in the	117324
area to be benefited by the improvement, by publication once in a	117325
newspaper ~~published and~~ of general circulation in the one or more	117326
counties in which this area is located. The publication of the	117327
notice shall be verified by affidavit of the printer or other	117328
person having knowledge of the publication and shall be filed with	117329
the secretary-treasurer of the district on or before the date of	117330
the hearing.	117331

(E) At the time and place specified in the notice for a	117332
hearing on the proposed improvement, the board of trustees of the	117333
district shall meet and hear any and all testimony provided by any	117334
of the parties affected by the proposed improvement and by any	117335
other persons competent to testify. The board or its	117336
representatives shall inspect, by an actual viewing, the area to	117337
be benefited by the proposed improvement. The board shall	117338
determine the necessity of the proposed improvement and may find	117339
that the proposed improvement will result in general as well as	117340
special benefits. The board may adjourn from time to time and to	117341
such places as it considers necessary.	117342

(F)(1) The board may award contracts or enter into a lease	117343
agreement for the construction, reconstruction, improvement,	117344
alteration, or repair of any improvement described in division (A)	117345
of this section and may issue notes, bonds, revenue anticipatory	117346
instruments, or other obligations, as authorized by this chapter,	117347
to finance the improvements.	117348

(2) All or a part of the costs and expenses of providing for	117349
the construction, reconstruction, improvement, alteration, or	117350
repair of any improvement described in division (F)(1) of this	117351
section may be paid from a fund into which may be paid special	117352
assessments levied under this section against the lots and parcels	117353
of land in the area to be benefited by the improvement, if the	117354
board finds that the improvement will result in general or special	117355
benefits to the benefited area. These special assessments shall be	117356
levied not more than one time on the same lot or parcel of land.	117357
Such costs and expenses may also be paid from the treasury of the	117358
district or from other available sources in amounts the board	117359
finds appropriate.	117360

(3) The board shall levy special assessments at an amount not	117361
to exceed ten per cent of the assessable value of the lot or	117362
parcel of land being assessed. The board shall determine the	117363
assessable value of a lot or parcel of land in the following	117364
manner: the board shall first determine the fair market value of	117365
the lot or parcel being assessed in the calendar year in which the	117366
area to be benefited by the public improvement is first designated	117367
and then multiply this amount by the average rate of appreciation	117368
in value of the lot or parcel since that calendar year. The	117369
assessable value of the lot or parcel is the current fair market	117370
value of the lot or parcel minus the amount calculated in the	117371
manner described in the immediately preceding sentence. The board	117372
may adjust the assessable value of a lot or parcel of land to	117373
reflect a sale of the lot or parcel that indicates an appreciation	117374
in its value that exceeds its average rate of appreciation in	117375
value.	117376

(4) Special assessments levied by the board may be paid in	117377
full in a lump sum or may be paid and collected in equal	117378
semiannual installments, equal in number to twice the number of	117379
years for which the lease of the improvement is made or twice the	117380
number of years that the note, bond, instrument, or obligation	117381
that the assessments are pledged to pay requires. The assessments	117382
shall be paid and collected in the same manner and at the same	117383
time as real property taxes are paid and collected, and	117384
assessments in the amount of fifty dollars or less shall be paid	117385
in full, and not in installments, at the time the first or next	117386
installment would otherwise become due and payable. Complaints	117387
regarding assessments may be made to the county board of revision	117388
in the same manner as complaints relating to the valuation and	117389
assessment of real property.	117390

Credits against assessments shall be granted equal to the	117391
value of any construction, reconstruction, improvement,	117392
alteration, or repair that an owner of a parcel of land or lot	117393
makes to an improvement pursuant to an agreement between the owner	117394
and the district.	117395

(5) After the levy of a special assessment, the board, at any	117396
time during any year in which an installment of the assessment	117397
becomes due, may pay out of other available funds of the district,	117398
including any state or federal funds available to the district,	117399
the full amount of the price of the contract that the special	117400
assessments are pledged to pay for that year or any other portion	117401
of the remaining obligation. The board shall be the sole	117402
determiner of the definition, extent, and allocation of the	117403
benefit resulting from an improvement that the board authorizes	117404
under this section.	117405

(G)(1) The board shall certify to the appropriate county	117406
auditor the boundaries of the area that is benefited by any public	117407
improvement the board authorizes under this section and, when the	117408
board so requests, the auditor shall apportion the valuation of	117409
any lot or parcel of land lying partly within and partly outside	117410
the area so benefited.	117411

(2) The board by resolution shall assess against the lots and	117412
parcels of land located in the area that is benefited by a public	117413
improvement such portion of the costs of completing the public	117414
improvement as the board determines, for the period that may be	117415
necessary to pay the note, bond, instrument, or obligation issued	117416
to pay for the improvement and the proceedings in relation to it,	117417
and shall certify these costs to the appropriate county auditor.	117418

(3) Except for assessments that have been paid in full in a	117419
lump sum, the county auditor shall annually place upon the tax	117420
duplicate, for collection in semiannual installments, the two	117421
installments of the assessment for that year, which shall be paid	117422
and collected at the same time and in the same manner as real	117423
property taxes. The collected assessments shall be paid to the	117424
treasury of the district and the board of the district shall use	117425
the assessments for any purpose authorized by this chapter.	117426

Sec. 5540.05. The board of trustees of a district may	117427
acquire real property in fee simple in the name of the district in	117428
connection with, but in excess of that needed for, a project by	117429
any method other than appropriation and hold the property for such	117430
period of time as the board determines. All right, title, and	117431
interest of the district in the property may be sold at public	117432
auction or otherwise, as the board considers in the best interests	117433
of the district; but in no event shall the property be sold for	117434
less than two-thirds of its appraised value. Sale at public	117435
auction shall be undertaken only after the board advertises the	117436
sale in a newspaper of general circulation in the district for at	117437
~~least~~ two weeks or as provided in section 7.16 of the Revised	117438
Code, prior to the date set for the sale.	117439

Sec. 5543.10. (A) The county engineer, upon the order of the	117440
board of county commissioners or board of township trustees, shall	117441
construct sidewalks, curbs, or gutters of suitable materials,	117442
along or connecting the public highways, outside any municipal	117443
corporation, upon the petition of a majority of the abutting	117444
property owners. The expense of the construction of these	117445
improvements may be paid by the county or township, or by the	117446
county or township and abutting property owners in such proportion	117447
as determined by the board of county commissioners or board of	117448
township trustees. The board of county commissioners or board of	117449
township trustees may assess part or all of the cost of these	117450
improvements against the abutting property owners, in proportion	117451
to benefits accruing to their property.	117452

The board of county commissioners or board of township	117453
trustees, by unanimous vote, may order the construction, repair,	117454
or maintenance of sidewalks, curbs, and gutters along or	117455
connecting the public highways, outside a municipal corporation,	117456
without a petition for that construction, repair, or maintenance,	117457
and may assess none, all, or any part of the cost against abutting	117458
property owners, provided that notice is given by publication for	117459
three successive weeks in a newspaper of general circulation	117460
within the county or as provided in section 7.16 of the Revised	117461
Code, stating the intention of the board of county commissioners	117462
or board of township trustees to construct, repair, or maintain	117463
the specified improvements and fixing a date for a hearing on	117464
them. As part of a sidewalk improvement, the board may include the	117465
repair or reconstruction of a driveway within the sidewalk	117466
easement. As part of a curb improvement, the board may include	117467
construction or repair of a driveway apron.	117468

Notice to all abutting property owners shall be given by two	117469
publications in a newspaper of general circulation in the county	117470
or as provided in section 7.16 of the Revised Code, at least ten	117471
days prior to the date fixed in the notice for the making of	117472
assessments. The notice shall state the time and place when	117473
abutting property owners will be given an opportunity to be heard	117474
with reference to assessments. The board of county commissioners	117475
or board of township trustees shall determine whether assessments	117476
shall be paid in one or more installments.	117477

(B) The county engineer may trim or remove any and all trees,	117478
shrubs, and other vegetation growing in or encroaching onto the	117479
right-of-way of the easement of a public sidewalk along or	117480
connecting the public highways and maintained by the county, and	117481
the board of township trustees may trim or remove any and all	117482
trees, shrubs, and other vegetation growing in or encroaching onto	117483
the right-of-way of the easement of a public sidewalk along or	117484
connecting the public highways and maintained by the township, as	117485
is necessary in the engineer's or board's judgment to facilitate	117486
the right of the public to improvement and maintenance of, and	117487
uninterrupted travel on, public sidewalks in the county or	117488
township.	117489

Sec. 5549.21. The board of township trustees may purchase or	117490
lease such machinery and tools as are necessary for use in	117491
constructing, reconstructing, maintaining, and repairing roads and	117492
culverts within the township, and shall provide suitable places	117493
for housing and storing machinery and tools owned by the township.	117494
It may purchase such material and employ such labor as is	117495
necessary for carrying into effect this section, or it may	117496
authorize the purchase or employment of such material and labor by	117497
one of its number, or by the township highway superintendent, at a	117498
price to be fixed by the board. All payments on account of	117499
machinery, tools, material, and labor shall be made from the	117500
township road fund. Except as otherwise provided in sections	117501
505.08, 505.101, and 5513.01 of the Revised Code, all purchases of	117502
materials, machinery, and tools shall, if the amount involved	117503
exceeds ~~twenty-five~~fifty thousand dollars, be made from the	117504
lowest responsible bidder after advertisement, as provided in	117505
section 5575.01 of the Revised Code.	117506

If, in compliance with section 505.10 of the Revised Code,	117507
the board wishes to sell machinery, equipment, or tools owned by	117508
the township to the person from whom it is to purchase other	117509
machinery, equipment, or tools, the board may offer, if the amount	117510
of the purchase alone involved does not exceed ~~twenty-five~~fifty	117511
thousand dollars, to sell such machinery, equipment, or tools and	117512
have the amount credited by the vendor against the purchase of the	117513
other machinery, equipment, or tools. If the purchase price of the	117514
other machinery, equipment, or tools alone exceeds ~~twenty-five~~	117515
fifty thousand dollars, the board may give notice to the	117516
competitive bidders of its willingness to accept offers for the	117517
purchase of the old machinery, equipment, or tools, and those	117518
offers shall be subtracted from the selling price of the other	117519
machinery, equipment, or tools as bid, in determining the lowest	117520
responsible bidder. Notice of the willingness of the board to	117521
accept offers for the purchase of the old machinery, equipment, or	117522
tools shall be made as a part of the advertisement for bids.	117523

Sec. 5552.06. (A) A board of county commissioners or a board	117524
of township trustees may adopt access management regulations or	117525
any amendments to those regulations after holding at least two	117526
public hearings at regular or special sessions of the board. The	117527
board shall consider the county engineer's proposed regulations	117528
prepared under division (B) of section 5552.04 or 5552.05 of the	117529
Revised Code and all comments on those regulations. The board, in	117530
its discretion, may, but need not, adopt any or all of those	117531
proposed regulations. After the public hearings, the board may	117532
decide not to adopt any access management regulations.	117533

The board shall publish notice of the public hearings in a	117534
newspaper of general circulation in the county or township, as	117535
applicable, once a week for ~~at least~~ two weeks or as provided in	117536
section 7.16 of the Revised Code, immediately preceding the	117537
hearings. The notice shall include the time, date, and place of	117538
each hearing. Copies of any proposed regulations or amendments	117539
shall be made available to the public at the board's office and,	117540
if the county engineer administers or is proposed to administer a	117541
point of access permit, in the engineer's office.	117542

(B) In addition to the notice required by division (A) of	117543
this section, not less than thirty days before holding a public	117544
hearing, a board of county commissioners shall send a copy of the	117545
county engineer's proposed regulations, a copy of the advisory	117546
committee's recommendations, and a request for written comments to	117547
the board of township trustees of each township in the county, the	117548
department of transportation district deputy director for the	117549
district in which the county is located, a representative of the	117550
metropolitan planning organization, where applicable, and at least	117551
the local professional associations representing the following	117552
professions:	117553

(1) Homebuilders;

117554

(2) Realtors;

117555

(3) Professional surveyors;

117556

(4) Attorneys;

117557

(5) Professional engineers.

117558

(C) In addition to the notice required by division (A) of	117559
this section, a board of township trustees shall send a copy of	117560
the county engineer's proposed regulations, a copy of the advisory	117561
committee's recommendations, and a request for written comments,	117562
not less than thirty days before holding a public hearing, to the	117563
department of transportation district deputy director for the	117564
district in which the township is located, a representative of the	117565
metropolitan planning organization, where applicable, and at least	117566
the local professional associations representing the professions	117567
listed in division (B) of this section.	117568

Sec. 5553.05. (A) In the resolution required by section	117569
5553.04 of the Revised Code, the board of county commissioners	117570
shall fix a date when it will view the proposed improvement, and	117571
also a date for a final hearing thereon.	117572

The board shall give notice of the time and place for both	117573
such view and hearing by publication once a week for two	117574
consecutive weeks in a newspaper ~~published and having~~of general	117575
circulation in the county where such improvement is located~~, but~~	117576
~~if there is no such newspaper published in said county, then in a~~	117577
~~newspaper having general circulation in said county~~or as provided	117578
in section 7.16 of the Revised Code. Such notice, in addition to	117579
the date and place of such view and place and time of the final	117580
hearing, shall state briefly the character of such improvement.	117581

(B) If the board adopts a resolution to vacate a public road	117582
as provided in section 5553.04 of the Revised Code, or if a	117583
petition to vacate a public road is filed, the board shall, in	117584
addition to the notice of the time and place for hearing	117585
prescribed in division (A) of this section, send written notice of	117586
the hearing by first class mail at least twenty days before the	117587
date of the public hearing to owners of property abutting upon	117588
that portion of the road to be vacated, and to the director of	117589
natural resources. Such notice shall be mailed to the addresses of	117590
such owners appearing on the county auditor's current tax list or	117591
the treasurer's mailing list, and such other list or lists that	117592
may be specified by the board. The failure of the delivery of such	117593
notice does not invalidate any such vacating of the road	117594
authorized in the resolution.	117595

Sec. 5553.19. The county engineer shall view and survey the	117596
road as provided in section 5553.18 of the Revised Code, and shall	117597
make a return of the survey and plat of the road to the board of	117598
county commissioners. Upon the filing of the report of the	117599
engineer, the board shall give notice of the filing of such report	117600
by publication as provided in section 7.16 of the Revised Code or	117601
once each week for three consecutive weeks in a newspaper	117602
~~published and having~~of general circulation in the county in which	117603
such road is situated~~, but if there is no such newspaper published~~	117604
~~in said county, then in a newspaper having general circulation in~~	117605
~~said county~~. Such notice shall state the date and time of the	117606
hearing upon the report of the engineer. If exceptions or	117607
objections are made, the board shall hear them, and it may approve	117608
or reject said report. If the report of the engineer is approved,	117609
the board shall cause such report to be recorded together with the	117610
survey and plat of such road.	117611

Sec. 5553.23. If a person through whose land a public road	117612
has been established, which is under the jurisdiction of the board	117613
of county commissioners, desires to turn or change or relocate	117614
such road or any part thereof through any part of ~~his~~the person's	117615
land, hethe person may file a petition with the board of county	117616
commissioners setting forth briefly the particular change he	117617
~~desires~~desired. Upon the receipt of such petition, the board	117618
shall give notice by publication once not later than two weeks	117619
prior to the date for the hearing on such petition in ~~some~~a	117620
newspaper ~~published and~~ of general circulation in said county, ~~but~~	117621
~~if there is no such newspaper published in said county, then in a~~	117622
~~newspaper having general circulation in said county,~~ stating that	117623
such petition has been filed and setting forth the change desired	117624
in such road and the date and place for the hearing on said	117625
petition. If a public road was once established for public	117626
convenience through private lands, but has not been improved by	117627
public funds and for more than twenty-one years has not been used,	117628
the owner of such land may petition the board to vacate the road	117629
in accordance with proceedings under sections 5553.04 to 5553.11	117630
of the Revised Code.	117631

A person through whose land a trail right of way has been	117632
preserved under section 5553.044 of the Revised Code may file a	117633
petition to turn or change the route of the trail right of way in	117634
the manner provided in this section, and such petition shall be	117635
acted upon in the manner set forth in sections 5553.23 to 5553.31	117636
of the Revised Code. Notice of the hearing in such case shall also	117637
be made by first class mail to the director of natural resources.	117638
If the board turns or changes the route of the trail right of way,	117639
it shall furnish the director with a full and accurate description	117640
or map of the change.	117641

Sec. 5553.42. The board of county commissioners shall give	117642
notice to the owners of lands through which the proposed road will	117643
pass of the filing of the petition provided for in section 5553.41	117644
of the Revised Code and the date and place of the hearing thereon.	117645
Such notice shall be served on such owners personally, or by	117646
leaving a copy of such notice at the usual place of residence of	117647
such owners at least five days before the date of the hearing on	117648
said petition. Proof of service of such notice shall be made by	117649
affidavit of the person serving such notice. If any of such owners	117650
are nonresidents of the county, the board shall give notice to	117651
such nonresidents by publication once each week for two	117652
consecutive weeks in a newspaper ~~published and having~~of general	117653
circulation ~~within~~in the county~~, but if there is no such~~	117654
~~newspaper published in said county, then in a newspaper having~~	117655
~~general circulation in said county~~or as provided in section 7.16	117656
of the Revised Code. A copy of the newspaper containing such	117657
notice shall be mailed by the county auditor to each nonresident	117658
whose post-office address is known to such auditor. Such notice	117659
shall state the time and place of the hearing on claims for	117660
compensation and damages.	117661

Sec. 5555.07. The county engineer shall prepare and file	117662
with the board of county commissioners, by the time fixed therefor	117663
by the board, copies of the surveys, plans, profiles, cross	117664
sections, estimates of costs, and specifications for the	117665
improvement and estimated assessments upon lands benefited	117666
thereby. Thereupon such board shall file such copies in its office	117667
for the inspection and examination of all persons interested.	117668
Except in a case involving the improvement of a public road in	117669
which no land or property is taken or assessed, the board shall	117670
publish in a newspaper ~~published and~~ of general circulation in the	117671
county, ~~or if no newspaper is published in the county then in a~~	117672
~~newspaper having general circulation in the county,~~ for the period	117673
of two weeks or as provided in section 7.16 of the Revised Code,	117674
notice that a resolution has been adopted providing for said	117675
improvement, and that copies of the surveys, plans, profiles,	117676
cross sections, estimates, and specifications, together with	117677
estimated assessments upon the lands benefited by such improvement	117678
for the proportion of the cost thereof to be assessed therefor,	117679
are on file in the office of the board for the inspection of	117680
persons interested therein. Such notice shall state the time and	117681
place for hearing objections to said improvement and to such	117682
estimated assessments. In a case involving the improvement of a	117683
public road in which no land or property is taken or assessed, the	117684
board shall publish the notice required by this section once a	117685
week for two consecutive weeks or as provided in section 7.16 of	117686
the Revised Code.	117687

At such hearing the board may order said surveys, plans,	117688
profiles, cross sections, estimates, and specifications to be	117689
changed or modified and shall make such adjustments of the	117690
estimated assessments as seem just to it. Thereupon the board may	117691
approve such surveys, plans, profiles, cross sections,	117692
specifications, and estimates and approve and confirm estimated	117693
assessments as made by the engineer or as modified and changed by	117694
the board. Such assessments when so approved and confirmed shall	117695
be certified to the county auditor of the county and shall	117696
thereupon become a lien upon the land charged therewith. The board	117697
may declare against said improvement.	117698

Sec. 5555.27. As soon as the county engineer has transmitted	117699
to the several boards of county commissioners copies of ~~his~~the	117700
engineer's surveys, plans, profiles, cross sections, estimates,	117701
and specifications for the improvement, the joint board of county	117702
commissioners shall, except in cases of reconstruction or repair	117703
of roads where no lands or property are taken, fix a time and	117704
place for hearing objections to said improvement. The joint board	117705
shall thereupon, except in cases of reconstruction or repair of	117706
roads where no lands or property are taken, publish in a newspaper	117707
~~published and~~ of general circulation within each interested	117708
county, ~~or if there is no such newspaper published in such county~~	117709
~~then in a newspaper having general circulation in such county,~~	117710
once a week for two consecutive weeks or as provided in section	117711
7.16 of the Revised Code, a notice that such improvement is to be	117712
made and that copies of the surveys, plans, profiles, cross	117713
sections, estimates, and specifications therefor are on file in	117714
the office of the board of each interested county for the	117715
inspection and examination of all persons interested therein. Such	117716
notice shall also state the time and place for hearing objections	117717
to said improvement. Proceedings for the appropriation of land	117718
needed for such improvement shall be maintained in accordance with	117719
sections 163.01 to 163.22~~, inclusive,~~ of the Revised Code.	117720

Sec. 5555.42. A board of county commissioners desiring to	117721
construct a county road improvement, and finding that no equitable	117722
method of apportioning the compensation, damages, and expenses	117723
thereof is provided by section 5555.41 of the Revised Code, or	117724
finding that an equitable assessment cannot be made by the use of	117725
any of the several assessment areas authorized by said section,	117726
may order the county engineer to make a tentative plan for such	117727
improvement and an approximate estimate of the cost. Such board	117728
may thereupon file an application in the court of common pleas	117729
describing the improvement in question, and a copy of the	117730
tentative plan and approximate estimate of cost shall be attached	117731
to such application. The board shall set forth in such application	117732
that the compensation, damages, and expenses of the improvement	117733
cannot be equitably apportioned under any of the several plans	117734
provided by said section or that such compensation, damages, and	117735
expenses cannot be equitably assessed by the use of any one of the	117736
several assessment areas authorized by said section, or that both	117737
such conditions exist, and it shall set forth a method of	117738
apportioning the compensation, damages, and expenses and a	117739
definite description of the area against which it desires to	117740
assess any part of such compensation, damages, and expenses. The	117741
application shall contain a prayer requesting authority from such	117742
court to construct the improvement and apportion the compensation,	117743
damages, and expenses according to the plan suggested by such	117744
board and to assess the designated portion of the cost against the	117745
real estate within the area described in the petition.	117746

Notice of the filing and pendency of such application shall	117747
be given once a week for four consecutive weeks by publication in	117748
~~two newspapers published and of general circulation in the county,~~	117749
~~or if there are no such newspapers then in two newspapers~~a	117750
newspaper of general circulation in such county or as provided in	117751
section 7.16 of the Revised Code. Such notice shall describe the	117752
route and termini of the improvement and set forth the estimated	117753
cost and the proposed method of apportionment and assessment area.	117754
After such notice has been given, the court or a judge thereof	117755
shall fix a time for a hearing on such application, and, at the	117756
time fixed, the court or a judge thereof shall hear such	117757
application and all evidence offered by the board or any taxpayer	117758
of the county for or against the proposed plan of apportionment	117759
and for or against the use of the suggested assessment area. If	117760
the court finds that the suggested plan of apportionment and the	117761
area against which special assessments are to be made are fair and	117762
just, that the cost of the improvement will not be excessive in	117763
view of the benefits conferred, and that all the real estate	117764
within the suggested assessment area will be benefited by the	117765
construction of the improvement upon the plan suggested and by the	117766
use of the method of apportionment set forth in said application,	117767
such court may authorize the board to proceed upon the suggested	117768
plan and to apportion the compensation, damages, and expenses in	117769
the manner set forth in the application and to assess against the	117770
real estate within the assessment area designated in the	117771
application, according to the benefits, that portion of the cost	117772
to be specially assessed; otherwise the court shall dismiss the	117773
application and the board may not proceed with the improvement.	117774
The court may modify the suggested plan of apportionment or the	117775
suggested assessment area and grant the prayer of the application	117776
subject to such modifications as it determines are just and	117777
proper. The board in its application may set up any division of	117778
cost which it thinks proper among the county, the owners of lands	117779
to be specially assessed, and any municipal corporation within	117780
which such projected improvement is situated in whole or in part,	117781
but no portion of the cost may be apportioned to a municipal	117782
corporation without the consent of such municipal corporation	117783
evidenced by an ordinance or resolution of its legislative	117784
authority.	117785

When the prayer of any such application is granted by the	117786
court or a judge thereof and the plan of apportionment and area of	117787
assessment is approved by such court, either as set forth in the	117788
application or as modified by the court, the board may proceed	117789
with the construction of the improvement and use the method of	117790
apportionment and the assessment area authorized by the court. In	117791
such event, the board may levy taxes and issue bonds in the manner	117792
provided by law with respect to improvements, the compensation,	117793
damages, and expenses of which are apportioned and paid as	117794
provided in section 5555.41 of the Revised Code, and all	117795
proceedings in connection with such improvement shall be conducted	117796
in accordance with sections 5555.01 to 5555.83 of the Revised	117797
Code, except as provided in this section. The special assessments	117798
shall be made by the board against the real estate within the	117799
assessment area authorized by the court, but no assessment against	117800
any lot or parcel of real estate shall exceed the actual benefits	117801
conferred thereon by the construction of the improvement. This	117802
section also applies to improvements of sections of a state	117803
highway within counties having a tax duplicate of real and	117804
personal property in excess of three hundred million dollars, and	117805
with respect to which the board desires to co-operate with the	117806
department of transportation.	117807

Sec. 5559.06. Upon the completion of the surveys, plans,	117808
profiles, cross sections, estimates, and specifications for an	117809
improvement under section 5559.02 of the Revised Code by the	117810
county engineer, hethe engineer shall transmit to the board of	117811
county commissioners copies of such surveys, plans, profiles,	117812
cross sections, estimates, and specifications. The board shall	117813
then publish, in a newspaper ~~published and~~ of general circulation	117814
within the county, ~~and if there is no such newspaper published in~~	117815
~~the county then in one having general circulation in such county,~~	117816
once a week for two consecutive weeks or as provided in section	117817
7.16 of the Revised Code, a notice that such improvement is to be	117818
made and that copies of the surveys, plans, profiles, cross	117819
sections, estimates, and specifications for it are on file in the	117820
office of the board for the inspection and examination of all	117821
persons interested. Such notice shall also state the time and	117822
place for hearing objections to the improvement.	117823

In the event that land or property is to be taken for such	117824
improvement, such taking shall be in accordance with sections	117825
163.01 to 163.22~~, inclusive,~~ of the Revised Code.	117826

Sec. 5559.10. As soon as all questions of compensation and	117827
damages have been determined in a road improvement case, the	117828
county engineer shall make, upon actual view, an estimated	117829
assessment upon the real estate to be charged therewith, of the	117830
compensation, damages, and costs of an improvement as provided by	117831
section 5559.02 of the Revised Code. Such estimated assessment	117832
shall be according to the benefit which will result to the real	117833
estate. In making such assessment the engineer may take into	117834
consideration any previous special assessments made upon the real	117835
estate for road improvements. The schedule of such assessments	117836
shall be filed in the office of the board of county commissioners	117837
for the inspection of the persons interested. Before adopting the	117838
assessment, the board shall publish, once each week for two	117839
consecutive weeks, in ~~some~~a newspaper ~~published and~~ of general	117840
circulation in the county or as provided in section 7.16 of the	117841
Revised Code, ~~but if there is no such newspaper then in one having~~	117842
~~general circulation in the county,~~ notice that such assessment has	117843
been made, is on file in the office of the board, and the date	117844
when objections will be heard to such assessment. If any owner of	117845
property affected thereby desires, hethe owner may file ~~his~~	117846
objections to said assessments, in writing, with the board before	117847
the time for hearing. If any objections are filed the board shall	117848
hear them and act as an equalizing board. It may change such	117849
assessments if, in its opinion, any change is necessary to make	117850
them just and equitable, and the board shall approve and confirm	117851
such assessments as reported by the engineer or modified by it.	117852
Such assessments, when so approved and confirmed, shall be a lien	117853
on the land chargeable therewith.	117854

Sec. 5559.12. After the board of county commissioners has	117855
decided to proceed with an improvement as provided by section	117856
5559.02 of the Revised Code, it shall advertise for bids once, not	117857
later than two weeks prior to the date fixed for the letting of	117858
the contract, in a newspaper ~~published and~~ of general circulation	117859
in the county~~, but if there is no such newspaper then in one~~	117860
~~having general circulation in such county~~. Such notice shall state	117861
that copies of the surveys, plans, profiles, cross sections,	117862
estimates, and specifications for such improvement are on file in	117863
the office of the board, and the time within which bids will be	117864
received. The board shall award the contract to the lowest	117865
responsible bidder.	117866

The contract shall be let upon the basis of lump sum bids,	117867
unless the board orders that it be let upon the basis of unit	117868
price bids, in which event it shall be let upon such basis. The	117869
bids received shall be opened at the time stated in the notice.	117870
The board may reject all bids.	117871

Sec. 5561.04. The board of county commissioners, desiring to	117872
proceed under sections 4957.06 and 5561.01 to 5561.15 of the	117873
Revised Code, shall, after receipt of the certificate of necessity	117874
and expediency from the director of transportation, as provided in	117875
section 5561.03 of the Revised Code, hold a public hearing as to	117876
the expediency of constructing such improvement, notice of which	117877
shall be given by publication in ~~two newspapers published and~~a	117878
newspaper of general circulation in the county, ~~if such there be,~~	117879
~~otherwise in two newspapers of general circulation in such county,~~	117880
for two weeks prior to the date set for such hearing or as	117881
provided in section 7.16 of the Revised Code, and shall be served	117882
upon the railroad or interurban railway companies in the manner	117883
for the service of summons in civil actions, not less than twenty	117884
days prior to the date of such hearing.	117885

The board, after such hearing and for the purpose of making	117886
or causing such an improvement to be made, may, by resolution	117887
adopted by unanimous vote, require the railroad company, in	117888
co-operation with the county engineer or any engineer designated	117889
by the board, to prepare and submit to the board within six	117890
months, unless longer time is mutually agreed upon in writing,	117891
plans and specifications for such improvements, specifying the	117892
number, character, and location of all piers and supports which	117893
are to be permanently placed in any road or highway, specifying	117894
the grades to be established for the roads and the height,	117895
character, and estimated cost of any viaduct or way above or below	117896
any railroad track, and the change of grade required to be made of	117897
such tracks including side tracks and switches. But in changing	117898
the grade of any railroad, no grade shall be required in excess of	117899
that adopted by the railroad company for its construction work on	117900
that division or part of the railroad on which the improvement is	117901
to be made, without the consent of the railroad company, nor shall	117902
the railroad company's tracks be required to be placed below	117903
high-water mark.	117904

Such resolution shall be published in the same manner as	117905
resolutions of the legislative authority of a municipal	117906
corporation declaring the necessity of a contemplated public	117907
improvement, and shall be served by the sheriff upon the railroad	117908
or interurban railway companies in the manner provided for the	117909
service of summons in civil actions. If the proposed public	117910
improvement is to be made within a municipal corporation, notice	117911
of the passage of the same shall be served upon the municipal	117912
corporation by delivering to the clerk of the village or	117913
legislative authority of a city a true copy thereof.	117914

If, at the expiration of six months from the passage of such	117915
resolution, the railroad company has refused or failed to	117916
co-operate in the preparation of such plans and specifications, or	117917
if the county engineer or engineer designated by the board and the	117918
railroad company fail to agree upon the plans and specification of	117919
such improvement, then either the railroad company or the county	117920
may submit the matter of determining the method by which the	117921
improvement shall be made to the court of common pleas of such	117922
county. Either the county or company, after the expiration of six	117923
months from the passage of the resolution, may apply to such court	117924
by petition, accompanied by the necessary plans prepared by the	117925
county or railroad company, covering the grade crossing proposed	117926
to be abolished. Such plans must show the grades to be established	117927
for such roads or highways, the changes to be made in the location	117928
of roads or highways, the height, character, and estimated cost of	117929
any viaduct or way above or below the railroad tracks, the number,	117930
character, and location of piers, abutments, or supports to be	117931
permanently located in the roads or highways, and the change of	117932
grade to be made in any railroad tracks, including sidetracks and	117933
switches.	117934

Sec. 5561.08. Notice of the passage of a resolution for a	117935
grade crossing improvement shall be served by the sheriff of the	117936
county, upon the owner of each piece of property which will be	117937
affected by any change of grade, in the manner provided for the	117938
service of summons in civil actions. If any of such owners are	117939
nonresidents of the county, or if it appears from the return that	117940
they cannot be found, the notice shall be published for at least	117941
two weeks in ~~an English language~~a newspaper ~~published~~of general	117942
circulation in ~~such~~the county or as provided in section 7.16 of	117943
the Revised Code. Notice shall be completed at least twenty days	117944
before any work is done on such improvement, and the sheriff's	117945
return shall be prima-facie evidence of the facts recited therein.	117946

Section 727.18 of the Revised Code shall apply to the notice	117947
provided for in this section, and to all claims for damages by	117948
reason of such improvement. Such claims shall be filed with the	117949
county auditor within the time, and rights thereunder shall pass	117950
to vendees, as provided in such section. After the expiration of	117951
the time provided for the filing of claims, the board of county	117952
commissioners, when claims have been filed within the time	117953
limited, shall determine, by resolution, whether such claims are	117954
to be judicially inquired into before commencing or after the	117955
completion of the proposed improvement. Thereupon, the county	117956
prosecutor shall make application for a jury, to the court of	117957
common pleas, or probate court of the county, before commencing or	117958
after the completion of the improvement, as the board determines,	117959
and all proceedings upon such application shall be governed by the	117960
laws relating to similar applications provided for in cases of	117961
city improvements.	117962

Sec. 5571.011. If a person through whose land a public road	117963
has been established which is under the jurisdiction of a board of	117964
township trustees, desires to turn or change or relocate such road	117965
or any part thereof through any part of ~~his~~the person's land, he	117966
the person may file a petition with such board of township	117967
trustees setting forth briefly the particular change ~~he desires~~	117968
desired. Upon receipt of such petition, the board of township	117969
trustees shall give notice by publication once, not later than two	117970
weeks prior to the date which such board shall fix for a hearing	117971
on such petition, in a newspaper ~~published or~~ of general	117972
circulation in said township, stating that such petition has been	117973
filed and setting forth the change desired in such road and the	117974
date and place of such hearing.	117975

Upon receipt of such a petition the board of township	117976
trustees shall cause a competent engineer to make a survey of the	117977
ground over which the road is proposed to be changed, and to make	117978
a report in writing, together with a plat and survey of the	117979
proposed change and ~~his~~the engineer's opinion as to its advantage	117980
or disadvantage. The report of such engineer shall be filed with	117981
the board prior to the hearing of such petition.	117982

At the hearing had on the petition the board of township	117983
trustees may hear evidence for or against changing the road, and	117984
if the board is satisfied that the proposed change will not cause	117985
serious injury or disadvantage to the public, it may make a	117986
finding of such fact in its journal and authorize the petitioner	117987
to change such road in conformity with the prayer of the petition.	117988
The board may grant the change as prayed for in the petition, or	117989
it may order such change of the route of such road as will, in its	117990
judgment, be for the best interest of the public.	117991

Upon receiving satisfactory evidence that the road has been	117992
changed as authorized by it, and opened to the legal width and	117993
improved as required by it, the board of township trustees shall	117994
declare such new road a public highway and cause a record thereof	117995
to be made and at the same time vacate so much of the old road as	117996
is rendered unnecessary by the new road. The person petitioning	117997
for such change shall in all cases pay all costs and expenses in	117998
connection with the proceeding, as found and determined by the	117999
board, and the expense of making such change, including the cost	118000
of relocation of any conduits, cables, wires, towers, poles or	118001
other equipment or appliances of any public utility, located on,	118002
over or under such road. The petitioner shall, on the filing of	118003
the petition for such change, give bond to the satisfaction of the	118004
board in such amount as it determines to secure payment of the	118005
costs of the proceeding and to cover the expense of making the	118006
change asked for by the petition.	118007

Sec. 5573.02. Upon the completion of the surveys, plans,	118008
profiles, cross sections, estimates, and specifications for a road	118009
improvement by the county engineer, hethe engineer shall transmit	118010
to the board of township trustees copies of the same. Except in	118011
cases of reconstruction or repair of roads, where no land or	118012
property is taken, the board shall then cause to be published in a	118013
newspaper~~, published in the county and~~ of general circulation	118014
within the township, ~~but if no such paper is published in the~~	118015
~~county then in one having general circulation in such township,~~	118016
once a week for two consecutive weeks or as provided in section	118017
7.16 of the Revised Code, a notice that such improvement is to be	118018
made and that copies of the surveys, plans, profiles, cross	118019
sections, estimates, and specifications for it are on file with	118020
the board for the inspection and examination of all persons	118021
interested.	118022

In the event that land or property is to be taken for such	118023
improvement, proceedings shall be had in accordance with sections	118024
163.01 to 163.22~~, inclusive,~~ of the Revised Code.	118025

Sec. 5573.10. As soon as all questions of compensation and	118026
damages have been determined for any road improvement, the county	118027
engineer shall make, upon actual view, an estimated assessment,	118028
upon the real estate to be charged, of such part of the	118029
compensation, damages, and costs of such improvement as is to be	118030
specially assessed. Such assessment shall be according to the	118031
benefits which will result to the real estate. In making such	118032
assessment the engineer may take into consideration any previous	118033
special assessment made upon such real estate for road	118034
improvements.	118035

The schedule for such assessments shall be filed with the	118036
board of township trustees for the inspection of the persons	118037
interested. Before adopting the estimated assessment, the board	118038
shall publish once each week for two consecutive weeks, in ~~some~~a	118039
newspaper ~~published in the county and~~ of general circulation	118040
within such township~~, but if there is no such paper published in~~	118041
~~said county then in one having general circulation in such~~	118042
~~township~~or as provided in section 7.16 of the Revised Code,	118043
notice that such assessment has been made and is on file with the	118044
board, and the date when objections will be heard to such	118045
assessment.	118046

If any owner of property affected desires to make objections,	118047
hethe owner may file ~~his~~ objections to such assessments, in	118048
writing, with the board, before the time of such hearing. If any	118049
objections are filed the board shall hear them and act as an	118050
equalizing board, and may change assessments if, in its opinion,	118051
any changes are necessary to make them just and equitable. The	118052
board shall approve and confirm assessments as reported by the	118053
engineer or modified by the board. Such assessments, when approved	118054
and confirmed, shall be a lien on the land chargeable therewith.	118055

Sec. 5575.01. (A) In the maintenance and repair of roads,	118056
the board of township trustees may proceed either by contract or	118057
force account, but, unless the exemption specified in division (C)	118058
of this section applies, if the board wishes to proceed by force	118059
account, it first shall cause the county engineer to complete the	118060
force account assessment form developed by the auditor of state	118061
under section 117.16 of the Revised Code. Except as otherwise	118062
provided in sections 505.08 and 505.101 of the Revised Code, when	118063
the board proceeds by contract, the contract shall, if the amount	118064
involved exceeds forty-five thousand dollars, be let by the board	118065
to the lowest responsible bidder after advertisement for bids	118066
once, not later than two weeks, prior to the date fixed for the	118067
letting of the contract, in a newspaper ~~published in the county~~	118068
~~and~~ of general circulation within the township ~~or, if no newspaper~~	118069
~~is published in the county, in a newspaper having general~~	118070
~~circulation in the township~~. If the amount involved is forty-five	118071
thousand dollars or less, a contract may be let without	118072
competitive bidding, or the work may be done by force account.	118073
Such a contract shall be performed under the supervision of a	118074
member of the board or the township road superintendent.	118075

(B) Before undertaking the construction or reconstruction of	118076
a township road, the board shall cause to be made by the county	118077
engineer an estimate of the cost of the work, which estimate shall	118078
include labor, material, freight, fuel, hauling, use of machinery	118079
and equipment, and all other items of cost. If the board finds it	118080
in the best interest of the public, it may, in lieu of	118081
constructing the road by contract, proceed to construct the road	118082
by force account. Except as otherwise provided under sections	118083
505.08 and 505.101 of the Revised Code, where the total ~~estimate~~	118084
estimated cost of the work exceeds fifteen thousand dollars per	118085
mile, the board shall invite and receive competitive bids for	118086
furnishing all the labor, materials, and equipment and doing the	118087
work, as provided in section 5575.02 of the Revised Code, and	118088
shall consider and reject them before ordering the work done by	118089
force account. When such bids are received, considered, and	118090
rejected, and the work is done by force account, the work shall be	118091
performed in compliance with the plans and specifications upon	118092
which the bids were based.	118093

(C) Force account assessment forms are not required under	118094
division (A) of this section for road maintenance or repair	118095
projects of less than fifteen thousand dollars, or under division	118096
(B) of this section for road construction or reconstruction	118097
projects of less than five thousand dollars per mile.	118098

(D) All force account work under this section shall be done	118099
under the direction of a member of the board or the township road	118100
superintendent.	118101

Sec. 5575.02. After the board of township trustees has	118102
decided to proceed with a road improvement, it shall advertise for	118103
bids once, not later than two weeks prior to the date fixed for	118104
the letting of contracts, in a newspaper ~~published in the county~~	118105
~~and~~ of general circulation within ~~such~~the township~~, but if there~~	118106
~~is no such paper published in the county then in one having~~	118107
~~general circulation in the township~~. Such notice shall state that	118108
copies of the surveys, plans, profiles, cross sections, estimates,	118109
and specifications for such improvement are on file with the	118110
board, and the time within which bids will be received. The board	118111
may let the work as a whole or in convenient sections, as it	118112
determines. The contract shall be awarded to the lowest and best	118113
bidder who meets the requirements of section 153.54 of the Revised	118114
Code, and shall be let upon the basis of lump sum bids, unless the	118115
board orders that it be let upon the basis of unit price bids, in	118116
which event it shall be let upon such basis.	118117

Sec. 5577.042. (A) As used in this section:

118118

(1) "Farm machinery" has the same meaning as in section	118119
4501.01 of the Revised Code.	118120

(2) "Farm commodities" includes livestock, bulk milk, corn,	118121
soybeans, tobacco, and wheat.	118122

(3) "Farm truck" means a truck used in the transportation	118123
from a farm of farm commodities when the truck is operated in	118124
accordance with this section.	118125

(4) "Log truck" means a truck used in the transportation of	118126
timber from the site of its cutting when the truck is operated in	118127
accordance with this section.	118128

(5) "Coal truck" means a truck transporting coal from the	118129
site where it is mined when the truck is operated in accordance	118130
with this section.	118131

(6) "Solid waste" has the same meaning as in section 3734.01	118132
of the Revised Code.	118133

(7) "Solid waste haul vehicle" means a vehicle hauling solid	118134
waste for which a bill of lading has not been issued.	118135

(B)~~(1)~~ Notwithstanding sections 5577.02 and 5577.04 of the	118136
Revised Code, the following vehicles under the described	118137
conditions may exceed by no more than seven and one-half per cent	118138
the weight provisions of sections 5577.01 to 5577.09 of the	118139
Revised Code and no penalty prescribed in section 5577.99 of the	118140
Revised Code shall be imposed:	118141

~~(a)~~(1) A coal truck transporting coal, from the place of	118142
production to the first point of delivery where title to the coal	118143
is transferred;	118144

~~(b)~~(2) A farm truck or farm machinery transporting farm	118145
commodities, from the place of production to the first point of	118146
delivery where the commodities are weighed and title to the	118147
commodities is transferred;	118148

~~(c)~~(3) A log truck transporting timber, from the site of its	118149
cutting to the first point of delivery where the timber is	118150
transferred;	118151

~~(d)~~(4) A solid waste haul vehicle hauling solid waste, from	118152
the place of production to the first point of delivery where the	118153
solid waste is disposed of or title to the solid waste is	118154
transferred.	118155

~~(2) In addition, if any of the vehicles listed in division~~	118156
~~(B)(1) of this section and operated under the conditions described~~	118157
~~in that division does not exceed by more than seven and one-half~~	118158
~~per cent the gross vehicle weight provisions of sections 5577.01~~	118159
~~to 5577.09 of the Revised Code, no wheel or axle-load limits shall~~	118160
~~apply and no penalty prescribed in section 5577.99 of the Revised~~	118161
~~Code for a wheel or axle overload shall be imposed.~~	118162

(C) If any of the vehicles listed in division (B)~~(1)~~ of this	118163
section and operated under the conditions described in that	118164
division exceeds by more than seven and one-half per cent the	118165
weight provisions of sections 5577.01 to 5577.09 of the Revised	118166
Code, both of the following apply without regard to the seven and	118167
one-half per cent allowance provided by division (B) of this	118168
section:	118169

(1) The applicable penalty prescribed in section 5577.99 of	118170
the Revised Code;	118171

(2) The civil liability imposed by section 5577.12 of the	118172
Revised Code.	118173

(D)(1) Division (B) of this section does not apply to the	118174
operation of a farm truck, log truck, or farm machinery	118175
transporting farm commodities during the months of February and	118176
March.	118177

(2) Regardless of when the operation occurs, division (B) of	118178
this section does not apply to the operation of a vehicle on	118179
either of the following:	118180

(a) A highway that is part of the interstate system;

118181

(b) A highway, road, or bridge that is subject to reduced	118182
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08,	118183
5577.09, or 5591.42 of the Revised Code.	118184

Sec. 5577.043. (A) Notwithstanding sections 5577.02 and	118185
5577.04 of the Revised Code, the following vehicles under the	118186
described conditions may exceed by no more than five per cent the	118187
weight provisions of sections 5577.01 to 5577.09 of the Revised	118188
Code and no penalty prescribed in section 5577.99 of the Revised	118189
Code shall be imposed:	118190

(1) A surface mining truck transporting minerals from the	118191
place where the minerals are loaded to any of the following:	118192

(a) The construction site where the minerals are discharged;

118193

(b) The place where title to the minerals is transferred;

118194

118195

(2) A vehicle transporting hot mix asphalt material from the	118196
place where the material is first mixed to the paving site where	118197
the material is discharged;	118198

(3) A vehicle transporting concrete from the place where the	118199
material is first mixed to the site where the material is	118200
discharged;	118201

(4) A vehicle transporting manure, turf, sod, or silage from	118202
the site where the material is first produced to the first place	118203
of delivery;	118204

(5) A vehicle transporting chips, sawdust, mulch, bark,	118205
pulpwood, biomass, or firewood from the site where the product is	118206
first produced or harvested to the first point where the product	118207
is transferred.	118208

(B) ~~In addition, if any of the vehicles listed in division~~	118209
~~(A) of this section and operated under the conditions described in~~	118210
~~that division does not exceed by more than five per cent the gross~~	118211
~~vehicle weight provisions of sections 5577.01 to 5577.09 of the~~	118212
~~Revised Code, no wheel or axle load limits shall apply and no~~	118213
~~penalty prescribed in section 5577.99 of the Revised Code for a~~	118214
~~wheel or axle overload shall be imposed.~~	118215

~~(C)~~ If any of the vehicles listed in division (A) of this	118216
section and operated under the conditions described in that	118217
division exceeds by more than five per cent the weight provisions	118218
of sections 5577.01 to 5577.09 of the Revised Code, both of the	118219
following apply without regard to the allowance provided by	118220
division (A) of this section:	118221

(1) The applicable penalty prescribed in section 5577.99 of	118222
the Revised Code;	118223

(2) The civil liability imposed by section 5577.12 of the	118224
Revised Code.	118225

~~(D) Divisions~~(C) Division (A) ~~and (B)~~ of this section do	118226
does not apply to the operation of a vehicle listed in division	118227
(A) of this section on either of the following:	118228

(1) A highway that is part of the interstate system;

118229

(2) A highway, road, or bridge that is subject to reduced	118230
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08,	118231
5577.09, or 5591.42 of the Revised Code.	118232

Sec. 5591.15. All resolutions and notices provided for in	118233
sections 5591.03 to 5591.17 of the Revised Code, shall be	118234
published in a newspaper ~~published in and~~ of general circulation	118235
in the county where the improvement provided in such sections is	118236
to be made, and such publication shall be complete when published	118237
once a week, on the same day of the week, for two consecutive	118238
weeks or as provided in section 7.16 of the Revised Code.	118239

Sec. 5593.08. The bridge commission of any county or city	118240
may:	118241

(A) Adopt bylaws for the regulation of its affairs and the	118242
conduct of its business;	118243

(B) Adopt an official seal, which shall not be the seal of	118244
Ohio;	118245

(C) Maintain a principal office and suboffices at such places	118246
within the county or city as it designates;	118247

(D) Sue and be sued in its own name, and plead and be	118248
impleaded. Any actions against a bridge commission shall be	118249
brought in the court of common pleas of the county in which the	118250
principal office of the commission is located, or in the court of	118251
common pleas of the county in which the cause of action arose,	118252
when such county is located within this state. All summonses,	118253
exceptions, and notices of every kind shall be served on the	118254
commission by leaving a copy thereof at the principal office with	118255
the secretary-treasurer or the person in charge.	118256

(E) Construct, acquire by purchase or condemnation, improve,	118257
maintain, repair, police, and operate any bridge, and establish	118258
rules for the use of any such bridge;	118259

(F) Issue bridge revenue bonds of the county or city, payable	118260
solely from revenues, as provided in sections 5593.10 and 5593.16	118261
of the Revised Code, for the purpose of paying any part of the	118262
cost of any bridge or bridges;	118263

(G) Fix and revise from time to time and charge and collect	118264
tolls for transit over each bridge constructed or acquired by it;	118265

(H) Acquire, hold, and dispose of real and personal property	118266
in the exercise of its powers and the performance of its duties	118267
under this chapter;	118268

(I) Acquire, in the name of the county or city, as the case	118269
may be, by purchase or otherwise, on such terms and in such manner	118270
as it determines proper, or by the exercise of the right of	118271
condemnation in the manner provided by sections 163.01 to 163.22	118272
of the Revised Code, any bridge, land, rights, easements,	118273
franchises, and other property necessary or convenient for the	118274
construction of a bridge or the improvement or efficient operation	118275
of any property acquired or constructed under this chapter, or for	118276
securing right-of-way leading to any such bridge or its approach	118277
facilities;	118278

(J) Make and enter into all contracts and agreements	118279
necessary or incidental to the performance of its duties and the	118280
execution of its powers under this chapter:	118281

(1) When the cost under any such contract or agreement, other	118282
than compensation for personal services, involves an expenditure	118283
of more than ten thousand dollars, the commission shall make a	118284
written contract with the lowest and best bidder after	118285
advertisement for not less than two consecutive weeks, or as	118286
provided in section 7.16 of the Revised Code, in a newspaper of	118287
general circulation in Franklin county, and in such other	118288
publications as the commission determines, which notice shall	118289
state the general character of the work and the general character	118290
of the materials to be furnished, the place where plans and	118291
specifications therefor may be examined, and the time and place of	118292
receiving bids.	118293

(2) Each bid for a contract for the construction, demolition,	118294
alteration, repair, or reconstruction of an improvement shall	118295
contain the full name of every person interested in it and meets	118296
the requirements of section 153.54 of the Revised Code.	118297

(3) Each bid for a contract except as provided in division	118298
(J)(2) of this section shall contain the full name of every person	118299
or company interested in it and shall be accompanied by a bond or	118300
certified check on a solvent bank, in such amount as the	118301
commission determines sufficient, that if the bid is accepted a	118302
contract will be entered into and the performance of its proposal	118303
secured.	118304

(4) The commission may reject any and all bids.

118305

(5) A bond with good and sufficient surety, approved by the	118306
commission, shall be required of every contractor awarded a	118307
contract except as provided in division (J)(2) of this section, in	118308
an amount equal to at least fifty per cent of the contract price,	118309
conditioned upon the faithful performance of the contract.	118310

(K) Employ consulting engineers, superintendents, managers,	118311
engineers, construction and accounting experts, attorneys, and	118312
other employees and agents as are necessary in its judgment, and	118313
fix their compensation. All such expenses are payable solely from	118314
the proceeds of bridge revenue bonds issued under this chapter, or	118315
from revenues.	118316

(L) Receive and accept from any federal agency, subject to	118317
the approval of the board of county commissioners or the	118318
legislative authority of the city, as the case may be, grants for	118319
or in aid of the construction, acquisition, improvement, or	118320
operation of any bridge, and receive and accept aid or	118321
contributions from any source of money, property, labor, or other	118322
things of value, to be held, used, and applied only for the	118323
purposes for which such grants and contributions are made;	118324

(M) Provide coverage for its employees under sections 4123.01	118325
to 4123.94 and 4141.01 to 4141.46 of the Revised Code;	118326

(N) Do all acts necessary or proper to carry out the powers	118327
expressly granted in this chapter.	118328

Sec. 5701.13. (A) As used in this section:

118329

(1) "Nursing home" means a nursing home or a home for the	118330
aging, as those terms are defined in section 3721.01 of the	118331
Revised Code, that is issued a license pursuant to section 3721.02	118332
of the Revised Code.	118333

(2) "Residential care facility" means a residential care	118334
facility, as defined in section 3721.01 of the Revised Code, that	118335
is issued a license pursuant to section 3721.02 of the Revised	118336
Code.	118337

(3) "Adult care facility" means an adult care facility as	118338
defined in section ~~3722.01~~5119.70 of the Revised Code that is	118339
issued a license pursuant to section ~~3722.04~~5119.73 of the	118340
Revised Code.	118341

(B) As used in Title LVII of the Revised Code, and for the	118342
purpose of other sections of the Revised Code that refer	118343
specifically to Chapter 5701. or section 5701.13 of the Revised	118344
Code, a "home for the aged" means either of the following:	118345

(1) A place of residence for aged and infirm persons that	118346
satisfies divisions (B)(1)(a) to (e) of this section:	118347

(a) It is a nursing home, residential care facility, or adult	118348
care facility.	118349

(b) It is owned by a corporation, unincorporated association,	118350
or trust of a charitable, religious, or fraternal nature, which is	118351
organized and operated not for profit, which is not formed for the	118352
pecuniary gain or profit of, and whose net earnings or any part of	118353
whose net earnings is not distributable to, its members, trustees,	118354
officers, or other private persons, and which is exempt from	118355
federal income taxation under section 501 of the "Internal Revenue	118356
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	118357

(c) It is open to the public without regard to race, color,	118358
or national origin.	118359

(d) It does not pay, directly or indirectly, compensation for	118360
services rendered, interest on debts incurred, or purchase price	118361
for land, building, equipment, supplies, or other goods or	118362
chattels, which compensation, interest, or purchase price is	118363
unreasonably high.	118364

(e) It provides services for the life of each resident	118365
without regard to the resident's ability to continue payment for	118366
the full cost of the services.	118367

(2) A place of residence that satisfies divisions (B)(1)(b),	118368
(d), and (e) of this section; that satisfies the definition of	118369
"nursing home," or "residential care facility," ~~or "adult care~~	118370
~~facility"~~ under section 3721.01 of the Revised Code or ~~3722.01~~the	118371
definition of "adult care facility" under section 5119.70 of the	118372
Revised Code regardless of whether it is licensed as such a home	118373
or facility; and that is provided at no charge to individuals on	118374
account of their service without compensation to a charitable,	118375
religious, fraternal, or educational institution, which	118376
individuals are aged or infirm and are members of the corporation,	118377
association, or trust that owns the place of residence. For the	118378
purposes of division (B)(2) of this section, "compensation" does	118379
not include furnishing room and board, clothing, health care, or	118380
other necessities, or stipends or other de minimis payments to	118381
defray the cost thereof.	118382

Exemption from taxation shall be accorded, on proper	118383
application, only to those homes or parts of homes which meet the	118384
standards and provide the services specified in this section.	118385

Nothing in this section shall be construed as preventing a	118386
home from requiring a resident with financial need to apply for	118387
any applicable financial assistance or requiring a home to retain	118388
a resident who willfully refuses to pay for services for which the	118389
resident has contracted even though the resident has sufficient	118390
resources to do so.	118391

(C)(1) If a corporation, unincorporated association, or trust	118392
described in division (B)(1)(b) of this section is granted a	118393
certificate of need pursuant to section 3702.52 of the Revised	118394
Code to construct, add to, or otherwise modify a nursing home, or	118395
is given approval pursuant to section 3791.04 of the Revised Code	118396
to construct, add to, or otherwise modify a residential care	118397
facility or adult care facility and if the corporation,	118398
association, or trust submits an affidavit to the tax commissioner	118399
stating that, commencing on the date of licensure and continuing	118400
thereafter, the home or facility will be operated in accordance	118401
with the requirements of divisions (B)(1)(a) to (e) of this	118402
section, the corporation, association, or trust shall be	118403
considered to be operating a "home for the aged" within the	118404
meaning of division (B)(1) of this section, beginning on the first	118405
day of January of the year in which such certificate is granted or	118406
approval is given.	118407

(2) If a corporation, association, or trust is considered to	118408
be operating a "home for the aged" pursuant to division (C)(1) of	118409
this section, the corporation, association, or trust shall notify	118410
the tax commissioner in writing upon the occurrence of any of the	118411
following events:	118412

(a) The corporation, association, or trust no longer intends	118413
to complete the construction of, addition to, or modification of	118414
the home or facility, to obtain the appropriate license for the	118415
home or facility, or to commence operation of the home or facility	118416
in accordance with the requirements of divisions (B)(1)(a) to (e)	118417
of this section;	118418

(b) The certificate of approval referred to in division	118419
(C)(1) of this section expires, is revoked, or is otherwise	118420
terminated prior to the completion of the construction of,	118421
addition to, or modification of the home or facility;	118422

(c) The license to operate the home or facility is not	118423
granted by the director of health within one year following	118424
completion of the construction of, addition to, or modification of	118425
the home or facility;	118426

(d) The license to operate the home or facility is not	118427
granted by the director of health within four years following the	118428
date upon which the certificate or approval referred to in	118429
division (C)(1) of this section was granted or given;	118430

(e) The home or facility is granted a license to operate as a	118431
nursing home, residential care facility, or adult care facility.	118432

(3) Upon the occurrence of any of the events referred to in	118433
divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the	118434
corporation, association, or trust shall no longer be considered	118435
to be operating a "home for the aged" pursuant to division (C)(1)	118436
of this section, except that the tax commissioner, for good cause	118437
shown and to the extent the commissioner considers appropriate,	118438
may extend the time period specified in division (C)(2)(c) or (d)	118439
of this section, or both. Nothing in division (C)(3) of this	118440
section shall be construed to prevent a nursing home, residential	118441
care facility, or adult care facility from qualifying as a "home	118442
for the aged" if, upon proper application made pursuant to	118443
division (B) of this section, it is found to meet the requirements	118444
of divisions (A) and (B) of this section.	118445

Sec. 5703.05. All powers, duties, and functions of the	118446
department of taxation are vested in and shall be performed by the	118447
tax commissioner, which powers, duties, and functions shall	118448
include, but shall not be limited to, the following:	118449

(A) Prescribing all blank forms which the department is	118450
authorized to prescribe, and to provide such forms and distribute	118451
the same as required by law and the rules of the department. ~~The~~	118452
~~tax commissioner shall include a mail-in registration form~~	118453
~~prescribed in section 3503.14 of the Revised Code within the~~	118454
~~return and instructions for the tax levied in odd-numbered years~~	118455
~~under section 5747.02 of the Revised Code, beginning with the tax~~	118456
~~levied for 1995. The secretary of state shall bear all costs for~~	118457
~~the inclusion of the mail-in registration form. That form shall be~~	118458
~~addressed for return to the office of the secretary of state.~~	118459

(B) Exercising the authority provided by law, including	118460
orders from bankruptcy courts, relative to remitting or refunding	118461
taxes or assessments, including penalties and interest thereon,	118462
illegally or erroneously assessed or collected, or for any other	118463
reason overpaid, and in addition, the commissioner may on written	118464
application of any person, firm, or corporation claiming to have	118465
overpaid to the treasurer of state at any time within five years	118466
prior to the making of such application any tax payable under any	118467
law which the department of taxation is required to administer	118468
which does not contain any provision for refund, or on the	118469
commissioner's own motion investigate the facts and make in	118470
triplicate a written statement of the commissioner's findings,	118471
and, if the commissioner finds that there has been an overpayment,	118472
issue in triplicate a certificate of abatement payable to the	118473
taxpayer, the taxpayer's assigns, or legal representative which	118474
shows the amount of the overpayment and the kind of tax overpaid.	118475
One copy of such statement shall be entered on the journal of the	118476
commissioner, one shall be certified to the attorney general, and	118477
one certified copy shall be delivered to the taxpayer. All copies	118478
of the certificate of abatement shall be transmitted to the	118479
attorney general, and if the attorney general finds it to be	118480
correct the attorney general shall so certify on each copy, and	118481
deliver one copy to the taxpayer, one copy to the commissioner,	118482
and the third copy to the treasurer of state. Except as provided	118483
in sections 5725.08 and 5725.16 of the Revised Code the taxpayer's	118484
copy of any certificates of abatement may be tendered by the payee	118485
or transferee thereof to the treasurer of state as payment, to the	118486
extent of the amount thereof, of any tax payable to the treasurer	118487
of state.	118488

(C) Exercising the authority provided by law relative to	118489
consenting to the compromise and settlement of tax claims;	118490

(D) Exercising the authority provided by law relative to the	118491
use of alternative tax bases by taxpayers in the making of	118492
personal property tax returns;	118493

(E) Exercising the authority provided by law relative to	118494
authorizing the prepayment of taxes on retail sales of tangible	118495
personal property or on the storage, use, or consumption of	118496
personal property, and waiving the collection of such taxes from	118497
the consumers;	118498

(F) Exercising the authority provided by law to revoke	118499
licenses;	118500

(G) Maintaining a continuous study of the practical operation	118501
of all taxation and revenue laws of the state, the manner in which	118502
and extent to which such laws provide revenues for the support of	118503
the state and its political subdivisions, the probable effect upon	118504
such revenue of possible changes in existing laws, and the	118505
possible enactment of measures providing for other forms of	118506
taxation. For this purpose the commissioner may establish and	118507
maintain a division of research and statistics, and may appoint	118508
necessary employees who shall be in the unclassified civil	118509
service; the results of such study shall be available to the	118510
members of the general assembly and the public.	118511

(H) Making all tax assessments, valuations, findings,	118512
determinations, computations, and orders the department of	118513
taxation is by law authorized and required to make and, pursuant	118514
to time limitations provided by law, on the commissioner's own	118515
motion, reviewing, redetermining, or correcting any tax	118516
assessments, valuations, findings, determinations, computations,	118517
or orders the commissioner has made, but the commissioner shall	118518
not review, redetermine, or correct any tax assessment, valuation,	118519
finding, determination, computation, or order which the	118520
commissioner has made as to which an appeal or application for	118521
rehearing, review, redetermination, or correction has been filed	118522
with the board of tax appeals, unless such appeal or application	118523
is withdrawn by the appellant or applicant or dismissed;	118524

(I) Appointing not more than five deputy tax commissioners,	118525
who, under such regulations as the rules of the department of	118526
taxation prescribe, may act for the commissioner in the	118527
performance of such duties as the commissioner prescribes in the	118528
administration of the laws which the commissioner is authorized	118529
and required to administer, and who shall serve in the	118530
unclassified civil service at the pleasure of the commissioner,	118531
but if a person who holds a position in the classified service is	118532
appointed, it shall not affect the civil service status of such	118533
person. The commissioner may designate not more than two of the	118534
deputy commissioners to act as commissioner in case of the	118535
absence, disability, or recusal of the commissioner or vacancy in	118536
the office of commissioner. The commissioner may adopt rules	118537
relating to the order of precedence of such designated deputy	118538
commissioners and to their assumption and administration of the	118539
office of commissioner.	118540

(J) Appointing and prescribing the duties of all other	118541
employees of the department of taxation necessary in the	118542
performance of the work of the department which the tax	118543
commissioner is by law authorized and required to perform, and	118544
creating such divisions or sections of employees as, in the	118545
commissioner's judgment, is proper;	118546

(K) Organizing the work of the department, which the	118547
commissioner is by law authorized and required to perform, so	118548
that, in the commissioner's judgment, an efficient and economical	118549
administration of the laws will result;	118550

(L) Maintaining a journal, which is open to public	118551
inspection, in which the tax commissioner shall keep a record of	118552
all final determinations of the commissioner;	118553

(M) Adopting and promulgating, in the manner provided by	118554
section 5703.14 of the Revised Code, all rules of the department,	118555
including rules for the administration of sections 3517.16,	118556
3517.17, and 5747.081 of the Revised Code;	118557

(N) Destroying any or all returns or assessment certificates	118558
in the manner authorized by law;	118559

(O) Adopting rules, in accordance with division (B) of	118560
section 325.31 of the Revised Code, governing the expenditure of	118561
moneys from the real estate assessment fund under that division.	118562

Sec. 5703.059. (A) The tax commissioner may adopt rules	118563
requiring returns, including any accompanying schedule or	118564
statement, for any of the following taxes to be filed	118565
electronically using the Ohio business gateway as defined in	118566
section 718.051 of the Revised Code, filed telephonically using	118567
the system known as the Ohio telefile system, or filed by any	118568
other electronic means prescribed by the commissioner:	118569

(1) Employer income tax withholding under Chapter 5747. of	118570
the Revised Code;	118571

(2) Motor fuel tax under Chapter 5735. of the Revised Code;

118572

(3) Cigarette and tobacco product tax under Chapter 5743. of	118573
the Revised Code;	118574

(4) Severance tax under Chapter 5749. of the Revised Code;

118575

(5) Use tax under Chapter 5741. of the Revised Code.

118576

(B) The tax commissioner may adopt rules requiring any	118577
payment of tax shown on such a return to be due to be made	118578
electronically in a manner approved by the commissioner.	118579

(C) A rule adopted under this section does not apply to	118580
returns or reports filed or payments made before six months after	118581
the effective date of the rule. The commissioner shall publicize	118582
any new electronic filing requirement on the department's web	118583
site. The commissioner shall educate the public of the requirement	118584
through seminars, workshops, conferences, or other outreach	118585
activities.	118586

(D) Any person required to file returns and make payments	118587
electronically under rules adopted under this section may apply to	118588
the commissioner, on a form prescribed by the commissioner, to be	118589
excused from that requirement. For good cause shown, the	118590
commissioner may excuse the applicant from the requirement and	118591
permit the applicant to file the returns or reports or make the	118592
payments required under this section by nonelectronic means.	118593

Sec. 5703.37. (A)(1) Except as provided in division (B) of	118594
this section, whenever service of a notice or order is required in	118595
the manner provided in this section, a copy of the notice or order	118596
shall be served upon the person affected thereby either by	118597
personal service or, by certified mail, or by a delivery service	118598
authorized under section 5703.056 of the Revised Code that	118599
notifies the tax commissioner of the date of delivery.	118600

(2) With the permission of the person affected by the notice	118601
or order, the commissioner may enter into a written agreement to	118602
deliver a notice or order by alternative means as provided in this	118603
section, including, but not limited to, delivery by secure	118604
electronic mail. Delivery by such means satisfies the requirements	118605
for delivery under this section.	118606

(B)(1)(a) If certified mail is returned because of an	118607
undeliverable address, the commissioner shall first utilize	118608
reasonable means to ascertain a new last known address, including	118609
the use of a change of address service offered by the United	118610
States postal service. If, after using reasonable means, the	118611
commissioner is unable to ascertain a new last known address, the	118612
assessment is final for purposes of section 131.02 of the Revised	118613
Code sixty days after the notice or order sent by certified mail	118614
is first returned to the commissioner, and the commissioner shall	118615
certify the notice or order, if applicable, to the attorney	118616
general for collection under section 131.02 of the Revised Code.	118617

(b) Notwithstanding certification to the attorney general	118618
under division (B)(1)(a) of this section, once the commissioner or	118619
attorney general, or the designee of either, makes an initial	118620
contact with the person to whom the notice or order is directed,	118621
the person may protest an assessment by filing a petition for	118622
reassessment within sixty days after the initial contact. The	118623
certification of an assessment under division (B)(1)(a) of this	118624
section is prima-facie evidence that delivery is complete and that	118625
the notice or order is served.	118626

(2) If mailing of a notice or order by certified mail is	118627
returned for some cause other than an undeliverable address, the	118628
tax commissioner shall resend the notice or order by ordinary	118629
mail. The notice or order shall show the date the commissioner	118630
sends the notice or order and include the following statement:	118631

"This notice or order is deemed to be served on the addressee	118632
under applicable law ten days from the date this notice or order	118633
was mailed by the commissioner as shown on the notice or order,	118634
and all periods within which an appeal may be filed apply from and	118635
after that date."	118636

Unless the mailing is returned because of an undeliverable	118637
address, the mailing of that information is prima-facie evidence	118638
that delivery of the notice or order was completed ten days after	118639
the commissioner sent the notice or order by ordinary mail and	118640
that the notice or order was served.	118641

If the ordinary mail is subsequently returned because of an	118642
undeliverable address, the commissioner shall proceed under	118643
division (B)(1)(a) of this section. A person may challenge the	118644
presumption of delivery and service under this division in	118645
accordance with division (C) of this section.	118646

(C)(1) A person disputing the presumption of delivery and	118647
service under division (B) of this section bears the burden of	118648
proving by a preponderance of the evidence that the address to	118649
which the notice or order was sent was not an address with which	118650
the person was associated at the time the commissioner originally	118651
mailed the notice or order by certified mail. For the purposes of	118652
this section, a person is associated with an address at the time	118653
the commissioner originally mailed the notice or order if, at that	118654
time, the person was residing, receiving legal documents, or	118655
conducting business at the address; or if, before that time, the	118656
person had conducted business at the address and, when the notice	118657
or order was mailed, the person's agent or the person's affiliate	118658
was conducting business at the address. For the purposes of this	118659
section, a person's affiliate is any other person that, at the	118660
time the notice or order was mailed, owned or controlled at least	118661
twenty per cent, as determined by voting rights, of the	118662
addressee's business.	118663

(2) If the person elects to protest an assessment certified	118664
to the attorney general for collection, the person must do so	118665
within sixty days after the attorney general's initial contact	118666
with the person. The attorney general may enter into a compromise	118667
with the person under sections 131.02 and 5703.06 of the Revised	118668
Code if the person does not file a petition for reassessment with	118669
the tax commissioner.	118670

(D) Nothing in this section prohibits the tax commissioner or	118671
the commissioner's designee from delivering a notice or order by	118672
personal service.	118673

(E) Collection actions taken pursuant to section 131.02 of	118674
the Revised Code upon any assessment being challenged under	118675
division (B)(1)(b) of this section shall be stayed upon the	118676
pendency of an appeal under this section. If a petition for	118677
reassessment is filed pursuant to this section on a claim that has	118678
been certified to the attorney general for collection, the claim	118679
shall be uncertified.	118680

(F) As used in this section:

118681

(1) "Last known address" means the address the department has	118682
at the time the document is originally sent by certified mail, or	118683
any address the department can ascertain using reasonable means	118684
such as the use of a change of address service offered by the	118685
United States postal service.	118686

(2) "Undeliverable address" means an address to which the	118687
United States postal service is not able to deliver a notice or	118688
order, except when the reason for nondelivery is because the	118689
addressee fails to acknowledge or accept the notice or order.	118690

Sec. 5703.58. (A) Subject to ~~division (C)~~divisions (B) and	118691
(D) of this section, the tax commissioner shall not make or issue	118692
an assessment for any tax payable to the state that is	118693
administered by the tax commissioner, or any penalty, interest, or	118694
additional charge on such tax, after the expiration of ten years,	118695
including any extension, from the date the tax return or report	118696
was due when such amount was not reported and paid, provided that	118697
the ten-year period shall be extended by the period of any lawful	118698
stay to such assessment. As used in this section, "assessment" has	118699
the same meaning as in section 5703.50 of the Revised Code.	118700

(B) Subject to division (D) of this section, the tax	118701
commissioner shall not make or issue an assessment against any	118702
person for any tax due under Chapter 5741. of the Revised Code, or	118703
any penalty, interest, or additional charge on such tax, after the	118704
expiration of seven years, including any extension, from the date	118705
the tax return or report was due if the amount of tax due was not	118706
reported and paid, provided that the seven-year period shall be	118707
extended by the period of any lawful stay to the assessment. The	118708
commissioner shall not make or issue an assessment against a	118709
consumer for any tax due under Chapter 5741. of the Revised Code,	118710
or for any penalty, interest, or additional charge on such tax, if	118711
the tax was due before January 1, 2008.	118712

118713

(1) Any amount collected for the state by a vendor or seller	118714
under Chapter 5739. or 5741. of the Revised Code or withheld by an	118715
employer under Chapter 5747. of the Revised Code.	118716

(2) Any person who fraudulently attempts to avoid such tax.

118717

~~(C)~~(D) This section does not authorize the assessment or	118718
collection of a tax for which the applicable period of limitation	118719
prescribed by law has expired and for which no valid assessment	118720
has been made and served as prescribed by law.	118721

Sec. 5705.01. As used in this chapter:

118722

(A) "Subdivision" means any county; municipal corporation;	118723
township; township police district; joint police district;	118724
township fire district; joint fire district; joint ambulance	118725
district; joint emergency medical services district; fire and	118726
ambulance district; joint recreation district; township waste	118727
disposal district; township road district; community college	118728
district; technical college district; detention facility district;	118729
a district organized under section 2151.65 of the Revised Code; a	118730
combined district organized under sections 2152.41 and 2151.65 of	118731
the Revised Code; a joint-county alcohol, drug addiction, and	118732
mental health service district; a drainage improvement district	118733
created under section 6131.52 of the Revised Code; a lake	118734
facilities authority created under Chapter 353. of the Revised	118735
Code; a union cemetery district; a county school financing	118736
district; a city, local, exempted village, cooperative education,	118737
or joint vocational school district; or a regional student	118738
education district created under section 3313.83 of the Revised	118739
Code.	118740

(B) "Municipal corporation" means all municipal corporations,	118741
including those that have adopted a charter under Article XVIII,	118742
Ohio Constitution.	118743

(C) "Taxing authority" or "bond issuing authority" means, in	118744
the case of any county, the board of county commissioners; in the	118745
case of a municipal corporation, the council or other legislative	118746
authority of the municipal corporation; in the case of a city,	118747
local, exempted village, cooperative education, or joint	118748
vocational school district, the board of education; in the case of	118749
a community college district, the board of trustees of the	118750
district; in the case of a technical college district, the board	118751
of trustees of the district; in the case of a detention facility	118752
district, a district organized under section 2151.65 of the	118753
Revised Code, or a combined district organized under sections	118754
2152.41 and 2151.65 of the Revised Code, the joint board of county	118755
commissioners of the district; in the case of a township, the	118756
board of township trustees; in the case of a joint police	118757
district, the joint police district board; in the case of a joint	118758
fire district, the board of fire district trustees; in the case of	118759
a joint recreation district, the joint recreation district board	118760
of trustees; in the case of a joint-county alcohol, drug	118761
addiction, and mental health service district, the district's	118762
board of alcohol, drug addiction, and mental health services; in	118763
the case of a joint ambulance district or a fire and ambulance	118764
district, the board of trustees of the district; in the case of a	118765
union cemetery district, the legislative authority of the	118766
municipal corporation and the board of township trustees, acting	118767
jointly as described in section 759.341 of the Revised Code; in	118768
the case of a drainage improvement district, the board of county	118769
commissioners of the county in which the drainage district is	118770
located; in the case of a lake facilities authority, the board of	118771
directors; in the case of a joint emergency medical services	118772
district, the joint board of county commissioners of all counties	118773
in which all or any part of the district lies; and in the case of	118774
a township police district, a township fire district, a township	118775
road district, or a township waste disposal district, the board of	118776
township trustees of the township in which the district is	118777
located. "Taxing authority" also means the educational service	118778
center governing board that serves as the taxing authority of a	118779
county school financing district as provided in section 3311.50 of	118780
the Revised Code, and the board of directors of a regional student	118781
education district created under section 3313.83 of the Revised	118782
Code.	118783

(D) "Fiscal officer" in the case of a county, means the	118784
county auditor; in the case of a municipal corporation, the city	118785
auditor or village clerk, or an officer who, by virtue of the	118786
charter, has the duties and functions of the city auditor or	118787
village clerk, except that in the case of a municipal university	118788
the board of directors of which have assumed, in the manner	118789
provided by law, the custody and control of the funds of the	118790
university, the chief accounting officer of the university shall	118791
perform, with respect to the funds, the duties vested in the	118792
fiscal officer of the subdivision by sections 5705.41 and 5705.44	118793
of the Revised Code; in the case of a school district, the	118794
treasurer of the board of education; in the case of a county	118795
school financing district, the treasurer of the educational	118796
service center governing board that serves as the taxing	118797
authority; in the case of a township, the township fiscal officer;	118798
in the case of a joint police district, the treasurer of the	118799
district; in the case of a joint fire district, the clerk of the	118800
board of fire district trustees; in the case of a joint ambulance	118801
district, the clerk of the board of trustees of the district; in	118802
the case of a joint emergency medical services district, the	118803
person appointed as fiscal officer pursuant to division (D) of	118804
section 307.053 of the Revised Code; in the case of a fire and	118805
ambulance district, the person appointed as fiscal officer	118806
pursuant to division (B) of section 505.375 of the Revised Code;	118807
in the case of a joint recreation district, the person designated	118808
pursuant to section 755.15 of the Revised Code; in the case of a	118809
union cemetery district, the clerk of the municipal corporation	118810
designated in section 759.34 of the Revised Code; in the case of a	118811
children's home district, educational service center, general	118812
health district, joint-county alcohol, drug addiction, and mental	118813
health service district, county library district, detention	118814
facility district, district organized under section 2151.65 of the	118815
Revised Code, a combined district organized under sections 2152.41	118816
and 2151.65 of the Revised Code, or a metropolitan park district	118817
for which no treasurer has been appointed pursuant to section	118818
1545.07 of the Revised Code, the county auditor of the county	118819
designated by law to act as the auditor of the district; in the	118820
case of a metropolitan park district which has appointed a	118821
treasurer pursuant to section 1545.07 of the Revised Code, that	118822
treasurer; in the case of a drainage improvement district, the	118823
auditor of the county in which the drainage improvement district	118824
is located; in the case of a lake facilities authority, the fiscal	118825
officer designated under section 353.02 of the Revised Code; in	118826
the case of a regional student education district, the fiscal	118827
officer appointed pursuant to section 3313.83 of the Revised Code;	118828
and in all other cases, the officer responsible for keeping the	118829
appropriation accounts and drawing warrants for the expenditure of	118830
the moneys of the district or taxing unit.	118831

(E) "Permanent improvement" or "improvement" means any	118832
property, asset, or improvement with an estimated life or	118833
usefulness of five years or more, including land and interests	118834
therein, and reconstructions, enlargements, and extensions thereof	118835
having an estimated life or usefulness of five years or more.	118836

(F) "Current operating expenses" and "current expenses" mean	118837
the lawful expenditures of a subdivision, except those for	118838
permanent improvements, and except payments for interest, sinking	118839
fund, and retirement of bonds, notes, and certificates of	118840
indebtedness of the subdivision.	118841

(G) "Debt charges" means interest, sinking fund, and	118842
retirement charges on bonds, notes, or certificates of	118843
indebtedness.	118844

(H) "Taxing unit" means any subdivision or other governmental	118845
district having authority to levy taxes on the property in the	118846
district or issue bonds that constitute a charge against the	118847
property of the district, including conservancy districts,	118848
metropolitan park districts, sanitary districts, road districts,	118849
and other districts.	118850

(I) "District authority" means any board of directors,	118851
trustees, commissioners, or other officers controlling a district	118852
institution or activity that derives its income or funds from two	118853
or more subdivisions, such as the educational service center, the	118854
trustees of district children's homes, the district board of	118855
health, a joint-county alcohol, drug addiction, and mental health	118856
service district's board of alcohol, drug addiction, and mental	118857
health services, detention facility districts, a joint recreation	118858
district board of trustees, districts organized under section	118859
2151.65 of the Revised Code, combined districts organized under	118860
sections 2152.41 and 2151.65 of the Revised Code, and other such	118861
boards.	118862

(J) "Tax list" and "tax duplicate" mean the general tax lists	118863
and duplicates prescribed by sections 319.28 and 319.29 of the	118864
Revised Code.	118865

(K) "Property" as applied to a tax levy means taxable	118866
property listed on general tax lists and duplicates.	118867

(L) "School library district" means a school district in	118868
which a free public library has been established that is under the	118869
control and management of a board of library trustees as provided	118870
in section 3375.15 of the Revised Code.	118871

Sec. 5705.14. No transfer shall be made from one fund of a	118872
subdivision to any other fund, by order of the court or otherwise,	118873
except as follows:	118874

(A) The unexpended balance in a bond fund that is no longer	118875
needed for the purpose for which such fund was created shall be	118876
transferred to the sinking fund or bond retirement fund from which	118877
such bonds are payable.	118878

(B) The unexpended balance in any specific permanent	118879
improvement fund, other than a bond fund, after the payment of all	118880
obligations incurred in the acquisition of such improvement, shall	118881
be transferred to the sinking fund or bond retirement fund of the	118882
subdivision; provided that if such money is not required to meet	118883
the obligations payable from such funds, it may be transferred to	118884
a special fund for the acquisition of permanent improvements, or,	118885
with the approval of the court of common pleas of the county in	118886
which such subdivision is located, to the general fund of the	118887
subdivision.	118888

(C) ~~The~~(1) Except as provided in division (C)(2) of this	118889
section, the unexpended balance in the sinking fund or bond	118890
retirement fund of a subdivision, after all indebtedness,	118891
interest, and other obligations for the payment of which such fund	118892
exists have been paid and retired, shall be transferred, in the	118893
case of the sinking fund, to the bond retirement fund, and in the	118894
case of the bond retirement fund, to the sinking fund; provided	118895
that if such transfer is impossible by reason of the nonexistence	118896
of the fund to receive the transfer, such unexpended balance, with	118897
the approval of the court of common pleas of the county in which	118898
such division is located, may be transferred to any other fund of	118899
the subdivision.	118900

(2) Money in a bond fund or bond retirement fund of a city,	118901
local, exempted village, cooperative education, or joint	118902
vocational school district may be transferred to a specific	118903
permanent improvement fund provided that the county budget	118904
commission of the county in which the school district is located	118905
approves the transfer upon its determination that the money	118906
transferred will not be required to meet the obligations payable	118907
from the bond fund or bond retirement fund. In arriving at such a	118908
determination, the county budget commission shall consider the	118909
balance of the bond fund or bond retirement fund, the outstanding	118910
obligations payable from the fund, and the sources and timing of	118911
the fund's revenue.	118912

(D) The unexpended balance in any special fund, other than an	118913
improvement fund, existing in accordance with division (D), (F),	118914
or (G) of section 5705.09 or section 5705.12 of the Revised Code,	118915
may be transferred to the general fund or to the sinking fund or	118916
bond retirement fund after the termination of the activity,	118917
service, or other undertaking for which such special fund existed,	118918
but only after the payment of all obligations incurred and payable	118919
from such special fund.	118920

(E) Money may be transferred from the general fund to any	118921
other fund of the subdivision.	118922

(F) Moneys retained or received by a county under section	118923
4501.04 or division (A)(3) of section 5735.27 of the Revised Code	118924
may be transferred from the fund into which they were deposited to	118925
the sinking fund or bond retirement fund from which any principal,	118926
interest, or charges for which such moneys may be used is payable.	118927

(G) Moneys retained or received by a municipal corporation	118928
under section 4501.04 or division (A)(1) or (2) of section 5735.27	118929
of the Revised Code may be transferred from the fund into which	118930
they were deposited to the sinking fund or bond retirement fund	118931
from which any principal, interest, or charges for which such	118932
moneys may be used is payable.	118933

(H)(1) Money may be transferred from the county developmental	118934
disabilities general fund to the county developmental disabilities	118935
capital fund established under section 5705.091 of the Revised	118936
Code or to any other fund created for the purposes of the county	118937
board of developmental disabilities, so long as money in the fund	118938
to which the money is transferred can be spent for the particular	118939
purpose of the transferred money. The county board of	118940
developmental disabilities may request, by resolution, that the	118941
board of county commissioners make the transfer. The county board	118942
of developmental disabilities shall transmit a certified copy of	118943
the resolution to the board of county commissioners. Upon	118944
receiving the resolution, the board of county commissioners may	118945
make the transfer. Money transferred to a fund shall be credited	118946
to an account appropriate to its particular purpose.	118947

(2) An unexpended balance in an account in the county	118948
developmental disabilities capital fund or any other fund created	118949
for the purposes of the county board of developmental disabilities	118950
may be transferred back to the county developmental disabilities	118951
general fund. The transfer may be made if the unexpended balance	118952
is no longer needed for its particular purpose and all outstanding	118953
obligations have been paid. Money transferred back to the county	118954
developmental disabilities general fund shall be credited to an	118955
account for current expenses within that fund. The county board of	118956
developmental disabilities may request, by resolution, that the	118957
board of county commissioners make the transfer. The county board	118958
of developmental disabilities shall transmit a certified copy of	118959
the resolution to the board of county commissioners. Upon	118960
receiving the resolution, the board of county commissioners may	118961
make the transfer.	118962

(I) Money may be transferred from the public assistance fund	118963
established under section 5101.161 of the Revised Code to either	118964
of the following funds, so long as the money to be transferred	118965
from the public assistance fund may be spent for the purposes for	118966
which money in the receiving fund may be used:	118967

(1) The children services fund established under section	118968
5101.144 of the Revised Code;	118969

(2) The child support enforcement administrative fund	118970
established, as authorized under rules adopted by the director of	118971
job and family services, in the county treasury for use by any	118972
county family services agency.	118973

Except in the case of transfer pursuant to division (E) of	118974
this section, transfers authorized by this section shall only be	118975
made by resolution of the taxing authority passed with the	118976
affirmative vote of two-thirds of the members.	118977

Sec. 5705.16. A resolution of the taxing authority of any	118978
political subdivision shall be passed by a majority of all the	118979
members thereof, declaring the necessity for the transfer of funds	118980
authorized by section 5705.15 of the Revised Code, and such taxing	118981
authority shall prepare a petition addressed to the court of	118982
common pleas of the county in which the funds are held. The	118983
petition shall set forth the name and amount of the fund, the fund	118984
to which it is desired to be transferred, a copy of such	118985
resolution with a full statement of the proceedings pertaining to	118986
its passage, and the reason or necessity for the transfer. A	118987
duplicate copy of said petition shall be forwarded to the tax	118988
commissioner for ~~his~~the commissioner's examination and approval.	118989

If the petition is disapproved by the commissioner, it shall	118990
be returned within ten days of its receipt to the officers who	118991
submitted it, with a memorandum of the commissioner's objections.	118992
This disapproval shall not prejudice a later application for	118993
approval. If the petition is approved by the commissioner, it	118994
shall be forwarded within ten days of its receipt to the clerk of	118995
the court of common pleas of the county to whose court of common	118996
pleas the petition is addressed, marked with the approval of the	118997
commissioner. If the commissioner approves the petition, hethe	118998
commissioner shall notify immediately the officers who submitted	118999
the petition, who then may file the petition in the court to which	119000
it is addressed.	119001

The petitioner shall give notice of the filing, object, and	119002
prayer of the petition, and of the time when it will be heard. The	119003
notice shall be given by one publication in ~~two newspapers having~~	119004
a newspaper of general circulation in the territory to be affected	119005
by such transfer of funds~~, preference being given to newspapers~~	119006
~~published within the territory~~. If there ~~are~~is no such ~~newspapers~~	119007
newspaper, the notice shall be posted in ten conspicuous places	119008
within the territory for ~~the~~a period of four weeks.	119009

The petition may be heard at the time stated in the notice,	119010
or as soon thereafter as convenient for the court. Any person who	119011
objects to the prayer of such petition shall file ~~his~~the person's	119012
objections in such cause on or before the time fixed in the notice	119013
for hearing, and hethat person shall be entitled to be heard.	119014

If, upon hearing, the court finds that the notice has been	119015
given as required by this section, that the petition states	119016
sufficient facts, that there are good reasons, or that a necessity	119017
exists, for the transfer, and that no injury will result	119018
therefrom, it shall grant the prayer of the petition and order the	119019
petitioners to make such transfer.	119020

A copy of the findings, orders, and judgments of the court	119021
shall be certified by the clerk and entered on the records of the	119022
petitioning officers or board, and thereupon the petitioners may	119023
make the transfer of funds as directed by the court. All costs of	119024
such proceedings shall be paid by the petitioners, except that if	119025
objections are filed the court may order such objectors to pay all	119026
or a portion of the costs.	119027

Sec. 5705.19. This section does not apply to school	119028
districts or, county school financing districts, or lake	119029
facilities authorities.	119030

The taxing authority of any subdivision at any time and in	119031
any year, by vote of two-thirds of all the members of the taxing	119032
authority, may declare by resolution and certify the resolution to	119033
the board of elections not less than ninety days before the	119034
election upon which it will be voted that the amount of taxes that	119035
may be raised within the ten-mill limitation will be insufficient	119036
to provide for the necessary requirements of the subdivision and	119037
that it is necessary to levy a tax in excess of that limitation	119038
for any of the following purposes:	119039

(A) For current expenses of the subdivision, except that the	119040
total levy for current expenses of a detention facility district	119041
or district organized under section 2151.65 of the Revised Code	119042
shall not exceed two mills and that the total levy for current	119043
expenses of a combined district organized under sections 2151.65	119044
and 2152.41 of the Revised Code shall not exceed four mills;	119045

(B) For the payment of debt charges on certain described	119046
bonds, notes, or certificates of indebtedness of the subdivision	119047
issued subsequent to January 1, 1925;	119048

(C) For the debt charges on all bonds, notes, and	119049
certificates of indebtedness issued and authorized to be issued	119050
prior to January 1, 1925;	119051

(D) For a public library of, or supported by, the subdivision	119052
under whatever law organized or authorized to be supported;	119053

(E) For a municipal university, not to exceed two mills over	119054
the limitation of one mill prescribed in section 3349.13 of the	119055
Revised Code;	119056

(F) For the construction or acquisition of any specific	119057
permanent improvement or class of improvements that the taxing	119058
authority of the subdivision may include in a single bond issue;	119059

(G) For the general construction, reconstruction,	119060
resurfacing, and repair of streets, roads, and bridges in	119061
municipal corporations, counties, or townships;	119062

(H) For parks and recreational purposes;

119063

(I) For the purpose of providing and maintaining fire	119064
apparatus, appliances, buildings, or sites therefor, or sources of	119065
water supply and materials therefor, or the establishment and	119066
maintenance of lines of fire alarm telegraph, or the payment of	119067
firefighting companies or permanent, part-time, or volunteer	119068
~~firefighters or~~ firefighting ~~companies~~, emergency medical	119069
service, administrative, or communications personnel to operate	119070
the same, including the payment of ~~the firefighter employers'~~	119071
~~contribution~~any employer contributions required for such	119072
personnel under section 145.48 or 742.34 of the Revised Code, or	119073
the purchase of ambulance equipment, or the provision of	119074
ambulance, paramedic, or other emergency medical services operated	119075
by a fire department or firefighting company;	119076

(J) For the purpose of providing and maintaining motor	119077
vehicles, communications, other equipment, buildings, and sites	119078
for such buildings used directly in the operation of a police	119079
department, or the payment of salaries of permanent or part-time	119080
police, communications, or administrative personnel to operate the	119081
same, including the payment of ~~the police officer employers'~~	119082
~~contribution~~any employer contributions required for such	119083
personnel under section 145.48 or 742.33 of the Revised Code, or	119084
the payment of the costs incurred by townships as a result of	119085
contracts made with other political subdivisions in order to	119086
obtain police protection, or the provision of ambulance or	119087
emergency medical services operated by a police department;	119088

(K) For the maintenance and operation of a county home or	119089
detention facility;	119090

(L) For community mental retardation and developmental	119091
disabilities programs and services pursuant to Chapter 5126. of	119092
the Revised Code, except that the procedure for such levies shall	119093
be as provided in section 5705.222 of the Revised Code;	119094

(M) For regional planning;

119095

(N) For a county's share of the cost of maintaining and	119096
operating schools, district detention facilities, forestry camps,	119097
or other facilities, or any combination thereof, established under	119098
section 2151.65 or 2152.41 of the Revised Code or both of those	119099
sections;	119100

(O) For providing for flood defense, providing and	119101
maintaining a flood wall or pumps, and other purposes to prevent	119102
floods;	119103

(P) For maintaining and operating sewage disposal plants and	119104
facilities;	119105

(Q) For the purpose of purchasing, acquiring, constructing,	119106
enlarging, improving, equipping, repairing, maintaining, or	119107
operating, or any combination of the foregoing, a county transit	119108
system pursuant to sections 306.01 to 306.13 of the Revised Code,	119109
or of making any payment to a board of county commissioners	119110
operating a transit system or a county transit board pursuant to	119111
section 306.06 of the Revised Code;	119112

(R) For the subdivision's share of the cost of acquiring or	119113
constructing any schools, forestry camps, detention facilities, or	119114
other facilities, or any combination thereof, under section	119115
2151.65 or 2152.41 of the Revised Code or both of those sections;	119116

(S) For the prevention, control, and abatement of air	119117
pollution;	119118

(T) For maintaining and operating cemeteries;

119119

(U) For providing ambulance service, emergency medical	119120
service, or both;	119121

(V) For providing for the collection and disposal of garbage	119122
or refuse, including yard waste;	119123

(W) For the payment of the police officer employers'	119124
contribution or the firefighter employers' contribution required	119125
under sections 742.33 and 742.34 of the Revised Code;	119126

(X) For the construction and maintenance of a drainage	119127
improvement pursuant to section 6131.52 of the Revised Code;	119128

(Y) For providing or maintaining senior citizens services or	119129
facilities as authorized by section 307.694, 307.85, 505.70, or	119130
505.706 or division (EE) of section 717.01 of the Revised Code;	119131

(Z) For the provision and maintenance of zoological park	119132
services and facilities as authorized under section 307.76 of the	119133
Revised Code;	119134

(AA) For the maintenance and operation of a free public	119135
museum of art, science, or history;	119136

(BB) For the establishment and operation of a 9-1-1 system,	119137
as defined in section 4931.40 of the Revised Code;	119138

(CC) For the purpose of acquiring, rehabilitating, or	119139
developing rail property or rail service. As used in this	119140
division, "rail property" and "rail service" have the same	119141
meanings as in section 4981.01 of the Revised Code. This division	119142
applies only to a county, township, or municipal corporation.	119143

(DD) For the purpose of acquiring property for, constructing,	119144
operating, and maintaining community centers as provided for in	119145
section 755.16 of the Revised Code;	119146

(EE) For the creation and operation of an office or joint	119147
office of economic development, for any economic development	119148
purpose of the office, and to otherwise provide for the	119149
establishment and operation of a program of economic development	119150
pursuant to sections 307.07 and 307.64 of the Revised Code, or to	119151
the extent that the expenses of a county land reutilization	119152
corporation organized under Chapter 1724. of the Revised Code are	119153
found by the board of county commissioners to constitute the	119154
promotion of economic development, for the payment of such	119155
operations and expenses;	119156

(FF) For the purpose of acquiring, establishing,	119157
constructing, improving, equipping, maintaining, or operating, or	119158
any combination of the foregoing, a township airport, landing	119159
field, or other air navigation facility pursuant to section 505.15	119160
of the Revised Code;	119161

(GG) For the payment of costs incurred by a township as a	119162
result of a contract made with a county pursuant to section	119163
505.263 of the Revised Code in order to pay all or any part of the	119164
cost of constructing, maintaining, repairing, or operating a water	119165
supply improvement;	119166

(HH) For a board of township trustees to acquire, other than	119167
by appropriation, an ownership interest in land, water, or	119168
wetlands, or to restore or maintain land, water, or wetlands in	119169
which the board has an ownership interest, not for purposes of	119170
recreation, but for the purposes of protecting and preserving the	119171
natural, scenic, open, or wooded condition of the land, water, or	119172
wetlands against modification or encroachment resulting from	119173
occupation, development, or other use, which may be styled as	119174
protecting or preserving "greenspace" in the resolution, notice of	119175
election, or ballot form. Except as otherwise provided in this	119176
division, land is not acquired for purposes of recreation, even if	119177
the land is used for recreational purposes, so long as no	119178
building, structure, or fixture used for recreational purposes is	119179
permanently attached or affixed to the land. Except as otherwise	119180
provided in this division, land that previously has been acquired	119181
in a township for these greenspace purposes may subsequently be	119182
used for recreational purposes if the board of township trustees	119183
adopts a resolution approving that use and no building, structure,	119184
or fixture used for recreational purposes is permanently attached	119185
or affixed to the land. The authorization to use greenspace land	119186
for recreational use does not apply to land located in a township	119187
that had a population, at the time it passed its first greenspace	119188
levy, of more than thirty-eight thousand within a county that had	119189
a population, at that time, of at least eight hundred sixty	119190
thousand.	119191

(II) For the support by a county of a crime victim assistance	119192
program that is provided and maintained by a county agency or a	119193
private, nonprofit corporation or association under section 307.62	119194
of the Revised Code;	119195

(JJ) For any or all of the purposes set forth in divisions	119196
(I) and (J) of this section. This division applies only to a	119197
township.	119198

(KK) For a countywide public safety communications system	119199
under section 307.63 of the Revised Code. This division applies	119200
only to counties.	119201

(LL) For the support by a county of criminal justice services	119202
under section 307.45 of the Revised Code;	119203

(MM) For the purpose of maintaining and operating a jail or	119204
other detention facility as defined in section 2921.01 of the	119205
Revised Code;	119206

(NN) For purchasing, maintaining, or improving, or any	119207
combination of the foregoing, real estate on which to hold	119208
agricultural fairs. This division applies only to a county.	119209

(OO) For constructing, rehabilitating, repairing, or	119210
maintaining sidewalks, walkways, trails, bicycle pathways, or	119211
similar improvements, or acquiring ownership interests in land	119212
necessary for the foregoing improvements;	119213

(PP) For both of the purposes set forth in divisions (G) and	119214
(OO) of this section.	119215

(QQ) For both of the purposes set forth in divisions (H) and	119216
(HH) of this section. This division applies only to a township.	119217

(RR) For the legislative authority of a municipal	119218
corporation, board of county commissioners of a county, or board	119219
of township trustees of a township to acquire agricultural	119220
easements, as defined in section 5301.67 of the Revised Code, and	119221
to supervise and enforce the easements.	119222

(SS) For both of the purposes set forth in divisions (BB) and	119223
(KK) of this section. This division applies only to a county.	119224

(TT) For the maintenance and operation of a facility that is	119225
organized in whole or in part to promote the sciences and natural	119226
history under section 307.761 of the Revised Code.	119227

(UU) For the creation and operation of a county land	119228
reutilization corporation and for any programs or activities of	119229
the corporation found by the board of directors of the corporation	119230
to be consistent with the purposes for which the corporation is	119231
organized;	119232

(VV) For construction and maintenance of improvements and	119233
expenses of soil and water conservation district programs under	119234
Chapter 1515. of the Revised Code;	119235

(WW) For the Ohio cooperative extension service fund created	119236
under section 3335.35 of the Revised Code for the purposes	119237
prescribed under section 3335.36 of the Revised Code for the	119238
benefit of the citizens of a county. This division applies only to	119239
a county.	119240

The resolution shall be confined to the purpose or purposes	119241
described in one division of this section, to which the revenue	119242
derived therefrom shall be applied. The existence in any other	119243
division of this section of authority to levy a tax for any part	119244
or all of the same purpose or purposes does not preclude the use	119245
of such revenues for any part of the purpose or purposes of the	119246
division under which the resolution is adopted.	119247

The resolution shall specify the amount of the increase in	119248
rate that it is necessary to levy, the purpose of that increase in	119249
rate, and the number of years during which the increase in rate	119250
shall be in effect, which may or may not include a levy upon the	119251
duplicate of the current year. The number of years may be any	119252
number not exceeding five, except as follows:	119253

(1) When the additional rate is for the payment of debt	119254
charges, the increased rate shall be for the life of the	119255
indebtedness.	119256

(2) When the additional rate is for any of the following, the	119257
increased rate shall be for a continuing period of time:	119258

(a) For the current expenses for a detention facility	119259
district, a district organized under section 2151.65 of the	119260
Revised Code, or a combined district organized under sections	119261
2151.65 and 2152.41 of the Revised Code;	119262

(b) For providing a county's share of the cost of maintaining	119263
and operating schools, district detention facilities, forestry	119264
camps, or other facilities, or any combination thereof,	119265
established under section 2151.65 or 2152.41 of the Revised Code	119266
or under both of those sections.	119267

(3) When the additional rate is for either of the following,	119268
the increased rate may be for a continuing period of time:	119269

(a) For the purposes set forth in division (I), (J), (U), or	119270
(KK) of this section;	119271

(b) For the maintenance and operation of a joint recreation	119272
district.	119273

(4) When the increase is for the purpose or purposes set	119274
forth in division (D), (G), (H), (CC), or (PP) of this section,	119275
the tax levy may be for any specified number of years or for a	119276
continuing period of time, as set forth in the resolution.	119277

(5) When the additional rate is for the purpose described in	119278
division (Z) of this section, the increased rate shall be for any	119279
number of years not exceeding ten.	119280

A levy for one of the purposes set forth in division (G),	119281
(I), (J), or (U) of this section may be reduced pursuant to	119282
section 5705.261 or 5705.31 of the Revised Code. A levy for one of	119283
the purposes set forth in division (G), (I), (J), or (U) of this	119284
section may also be terminated or permanently reduced by the	119285
taxing authority if it adopts a resolution stating that the	119286
continuance of the levy is unnecessary and the levy shall be	119287
terminated or that the millage is excessive and the levy shall be	119288
decreased by a designated amount.	119289

A resolution of a detention facility district, a district	119290
organized under section 2151.65 of the Revised Code, or a combined	119291
district organized under both sections 2151.65 and 2152.41 of the	119292
Revised Code may include both current expenses and other purposes,	119293
provided that the resolution shall apportion the annual rate of	119294
levy between the current expenses and the other purpose or	119295
purposes. The apportionment need not be the same for each year of	119296
the levy, but the respective portions of the rate actually levied	119297
each year for the current expenses and the other purpose or	119298
purposes shall be limited by the apportionment.	119299

Whenever a board of county commissioners, acting either as	119300
the taxing authority of its county or as the taxing authority of a	119301
sewer district or subdistrict created under Chapter 6117. of the	119302
Revised Code, by resolution declares it necessary to levy a tax in	119303
excess of the ten-mill limitation for the purpose of constructing,	119304
improving, or extending sewage disposal plants or sewage systems,	119305
the tax may be in effect for any number of years not exceeding	119306
twenty, and the proceeds of the tax, notwithstanding the general	119307
provisions of this section, may be used to pay debt charges on any	119308
obligations issued and outstanding on behalf of the subdivision	119309
for the purposes enumerated in this paragraph, provided that any	119310
such obligations have been specifically described in the	119311
resolution.	119312

The resolution shall go into immediate effect upon its	119313
passage, and no publication of the resolution is necessary other	119314
than that provided for in the notice of election.	119315

When the electors of a subdivision have approved a tax levy	119316
under this section, the taxing authority of the subdivision may	119317
anticipate a fraction of the proceeds of the levy and issue	119318
anticipation notes in accordance with section 5705.191 or 5705.193	119319
of the Revised Code.	119320

Sec. 5705.191. The taxing authority of any subdivision,	119321
other than the board of education of a school district or the	119322
taxing authority of a county school financing district, by a vote	119323
of two-thirds of all its members, may declare by resolution that	119324
the amount of taxes that may be raised within the ten-mill	119325
limitation by levies on the current tax duplicate will be	119326
insufficient to provide an adequate amount for the necessary	119327
requirements of the subdivision, and that it is necessary to levy	119328
a tax in excess of such limitation for any of the purposes in	119329
section 5705.19 of the Revised Code, or to supplement the general	119330
fund for the purpose of making appropriations for one or more of	119331
the following purposes: public assistance, human or social	119332
services, relief, welfare, hospitalization, health, and support of	119333
general hospitals, and that the question of such additional tax	119334
levy shall be submitted to the electors of the subdivision at a	119335
general, primary, or special election to be held at a time therein	119336
specified. Such resolution shall not include a levy on the current	119337
tax list and duplicate unless such election is to be held at or	119338
prior to the general election day of the current tax year. Such	119339
resolution shall conform to the requirements of section 5705.19 of	119340
the Revised Code, except that a levy to supplement the general	119341
fund for the purposes of public assistance, human or social	119342
services, relief, welfare, hospitalization, health, or the support	119343
of general or tuberculosis hospitals may not be for a longer	119344
period than ten years. All other levies under this section may not	119345
be for a longer period than five years unless a longer period is	119346
permitted by section 5705.19 of the Revised Code, and the	119347
resolution shall specify the date of holding such election, which	119348
shall not be earlier than ninety days after the adoption and	119349
certification of such resolution. The resolution shall go into	119350
immediate effect upon its passage and no publication of the same	119351
is necessary other than that provided for in the notice of	119352
election. A copy of such resolution, immediately after its	119353
passage, shall be certified to the board of elections of the	119354
proper county or counties in the manner provided by section	119355
5705.25 of the Revised Code, and such section shall govern the	119356
arrangements for the submission of such question and other matters	119357
with respect to such election, to which section 5705.25 of the	119358
Revised Code refers, excepting that such election shall be held on	119359
the date specified in the resolution, which shall be consistent	119360
with the requirements of section 3501.01 of the Revised Code,	119361
provided that only one special election for the submission of such	119362
question may be held in any one calendar year and provided that a	119363
special election may be held upon the same day a primary election	119364
is held. Publication of notice of that election shall be made in	119365
~~one or more newspapers~~a newspaper of general circulation in the	119366
county once a week for two consecutive weeks, or as provided in	119367
section 7.16 of the Revised Code, prior to the election~~, and, if~~.	119368
If the board of elections operates and maintains a web site, the	119369
board of elections shall post notice of the election on its web	119370
site for thirty days prior to the election.	119371

If a majority of the electors voting on the question vote in	119372
favor thereof, the taxing authority of the subdivision may make	119373
the necessary levy within such subdivision at the additional rate	119374
or at any lesser rate outside the ten-mill limitation on the tax	119375
list and duplicate for the purpose stated in the resolution. Such	119376
tax levy shall be included in the next annual tax budget that is	119377
certified to the county budget commission.	119378

After the approval of such a levy by the electors, the taxing	119379
authority of the subdivision may anticipate a fraction of the	119380
proceeds of such levy and issue anticipation notes. In the case of	119381
a continuing levy that is not levied for the purpose of current	119382
expenses, notes may be issued at any time after approval of the	119383
levy in an amount not more than fifty per cent of the total	119384
estimated proceeds of the levy for the succeeding ten years, less	119385
an amount equal to the fraction of the proceeds of the levy	119386
previously anticipated by the issuance of anticipation notes. In	119387
the case of a levy for a fixed period that is not for the purpose	119388
of current expenses, notes may be issued at any time after	119389
approval of the levy in an amount not more than fifty per cent of	119390
the total estimated proceeds of the levy throughout the remaining	119391
life of the levy, less an amount equal to the fraction of the	119392
proceeds of the levy previously anticipated by the issuance of	119393
anticipation notes. In the case of a levy for current expenses,	119394
notes may be issued after the approval of the levy by the electors	119395
and prior to the time when the first tax collection from the levy	119396
can be made. Such notes may be issued in an amount not more than	119397
fifty per cent of the total estimated proceeds of the levy	119398
throughout the term of the levy in the case of a levy for a fixed	119399
period, or fifty per cent of the total estimated proceeds for the	119400
first ten years of the levy in the case of a continuing levy.	119401

No anticipation notes that increase the net indebtedness of a	119402
county may be issued without the prior consent of the board of	119403
county commissioners of that county. The notes shall be issued as	119404
provided in section 133.24 of the Revised Code, shall have	119405
principal payments during each year after the year of their	119406
issuance over a period not exceeding the life of the levy	119407
anticipated, and may have a principal payment in the year of their	119408
issuance.	119409

"Taxing authority" and "subdivision" have the same meanings	119410
as in section 5705.01 of the Revised Code.	119411

This section is supplemental to and not in derogation of	119412
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.	119413

Sec. 5705.194. The board of education of any city, local,	119414
exempted village, cooperative education, or joint vocational	119415
school district at any time may declare by resolution that the	119416
revenue that will be raised by all tax levies which the district	119417
is authorized to impose, when combined with state and federal	119418
revenues, will be insufficient to provide for the emergency	119419
requirements of the school district or to avoid an operating	119420
deficit, and that it is therefore necessary to levy an additional	119421
tax in excess of the ten-mill limitation. The resolution shall be	119422
confined to a single purpose and shall specify that purpose. If	119423
the levy is proposed to renew all or a portion of the proceeds	119424
derived from one or more existing levies imposed pursuant to this	119425
section, it shall be called a renewal levy and shall be so	119426
designated on the ballot. If two or more existing levies are to be	119427
included in a single renewal levy but are not scheduled to expire	119428
in the same year, the resolution shall specify that the existing	119429
levies to be renewed shall not be levied after the year preceding	119430
the year in which the renewal levy is first imposed.	119431
Notwithstanding the original purpose of any one or more existing	119432
levies that are to be in any single renewal levy, the purpose of	119433
the renewal levy may be either to avoid an operating deficit or to	119434
provide for the emergency requirements of the school district. The	119435
resolution shall further specify the amount of money it is	119436
necessary to raise for the specified purpose for each calendar	119437
year the millage is to be imposed; if a renewal levy, whether the	119438
levy is to renew all, or a portion of, the proceeds derived from	119439
one or more existing levies; and the number of years in which the	119440
millage is to be in effect, which may include a levy upon the	119441
current year's tax list. The number of years may be any number not	119442
exceeding ten.	119443

The question shall be submitted at a special election on a	119444
date specified in the resolution. The date shall not be earlier	119445
than eighty days after the adoption and certification of the	119446
resolution to the county auditor and shall be consistent with the	119447
requirements of section 3501.01 of the Revised Code. A resolution	119448
for a renewal levy shall not be placed on the ballot unless the	119449
question is submitted on a date on which a special election may be	119450
held under division (D) of section 3501.01 of the Revised Code,	119451
except for the first Tuesday after the first Monday in February	119452
and August, during the last year the levy to be renewed may be	119453
extended on the real and public utility property tax list and	119454
duplicate, or at any election held in the ensuing year, except	119455
that if the resolution proposes renewing two or more existing	119456
levies, the question shall be submitted on the date of the general	119457
or primary election held during the last year at least one of the	119458
levies to be renewed may be extended on that list and duplicate,	119459
or at any election held during the ensuing year. For purposes of	119460
this section, a levy shall be considered to be an "existing levy"	119461
through the year following the last year it can be placed on the	119462
real and public utility property tax list and duplicate.	119463

The submission of questions to the electors under this	119464
section is subject to the limitation on the number of election	119465
dates established by section 5705.214 of the Revised Code.	119466

The resolution shall go into immediate effect upon its	119467
passage, and no publication of the resolution shall be necessary	119468
other than that provided for in the notice of election. A copy of	119469
the resolution shall immediately after its passing be certified to	119470
the county auditor of the proper county. Section 5705.195 of the	119471
Revised Code shall govern the arrangements for the submission of	119472
questions to the electors under this section and other matters	119473
concerning the election. Publication of notice of the election	119474
shall be made in one ~~or more newspapers~~newspaper of general	119475
circulation in the county once a week for two consecutive weeks,	119476
or as provided in section 7.16 of the Revised Code, prior to the	119477
election~~, and, if~~. If the board of elections operates and	119478
maintains a web site, the board of elections shall post notice of	119479
the election on its web site for thirty days prior to the	119480
election. If a majority of the electors voting on the question	119481
submitted in an election vote in favor of the levy, the board of	119482
education of the school district may make the additional levy	119483
necessary to raise the amount specified in the resolution for the	119484
purpose stated in the resolution. The tax levy shall be included	119485
in the next tax budget that is certified to the county budget	119486
commission.	119487

After the approval of the levy and prior to the time when the	119488
first tax collection from the levy can be made, the board of	119489
education may anticipate a fraction of the proceeds of the levy	119490
and issue anticipation notes in an amount not exceeding the total	119491
estimated proceeds of the levy to be collected during the first	119492
year of the levy.	119493

The notes shall be issued as provided in section 133.24 of	119494
the Revised Code, shall have principal payments during each year	119495
after the year of their issuance over a period not to exceed five	119496
years, and may have principal payment in the year of their	119497
issuance.	119498

Sec. 5705.196. The election provided for in section 5705.194	119499
of the Revised Code shall be held at the regular places for voting	119500
in the district, and shall be conducted, canvassed, and certified	119501
in the same manner as regular elections in the district for the	119502
election of county officers, provided that in any such election in	119503
which only part of the electors of a precinct are qualified to	119504
vote, the board of elections may assign voters in such part to an	119505
adjoining precinct. Such an assignment may be made to an adjoining	119506
precinct in another county with the consent and approval of the	119507
board of elections of such other county. Notice of the election	119508
shall be published in one ~~or more newspapers~~newspaper of general	119509
circulation in the district once a week for two consecutive weeks	119510
or as provided in section 7.16 of the Revised Code, prior to the	119511
election~~, and, if~~. If the board of elections operates and	119512
maintains a web site, the board of elections shall post notice of	119513
the election on its web site for thirty days prior to the	119514
election. Such notice shall state the annual proceeds of the	119515
proposed levy, the purpose for which such proceeds are to be used,	119516
the number of years during which the levy shall run, and the	119517
estimated average additional tax rate expressed in dollars and	119518
cents for each one hundred dollars of valuation as well as in	119519
mills for each one dollar of valuation, outside the limitation	119520
imposed by Section 2 of Article XII, Ohio Constitution, as	119521
certified by the county auditor.	119522

Sec. 5705.21. (A) At any time, the board of education of any	119523
city, local, exempted village, cooperative education, or joint	119524
vocational school district, by a vote of two-thirds of all its	119525
members, may declare by resolution that the amount of taxes which	119526
may be raised within the ten-mill limitation by levies on the	119527
current tax duplicate will be insufficient to provide an adequate	119528
amount for the necessary requirements of the school district, that	119529
it is necessary to levy a tax in excess of such limitation for one	119530
of the purposes specified in division (A), (D), (F), (H), or (DD)	119531
of section 5705.19 of the Revised Code, for general permanent	119532
improvements, for the purpose of operating a cultural center, or	119533
for the purpose of providing education technology, and that the	119534
question of such additional tax levy shall be submitted to the	119535
electors of the school district at a special election on a day to	119536
be specified in the resolution. If the resolution states that the	119537
levy is for the purpose of operating a cultural center, the ballot	119538
shall state that the levy is "for the purpose of operating the	119539
.......... (name of cultural center)."	119540

As used in this section, "cultural center" means a	119541
freestanding building, separate from a public school building,	119542
that is open to the public for educational, musical, artistic, and	119543
cultural purposes; "education technology" means, but is not	119544
limited to, computer hardware, equipment, materials, and	119545
accessories, equipment used for two-way audio or video, and	119546
software; and "general permanent improvements" means permanent	119547
improvements without regard to the limitation of division (F) of	119548
section 5705.19 of the Revised Code that the improvements be a	119549
specific improvement or a class of improvements that may be	119550
included in a single bond issue.	119551

The submission of questions to the electors under this	119552
section is subject to the limitation on the number of election	119553
dates established by section 5705.214 of the Revised Code.	119554

(B) Such resolution shall be confined to a single purpose and	119555
shall specify the amount of the increase in rate that it is	119556
necessary to levy, the purpose of the levy, and the number of	119557
years during which the increase in rate shall be in effect. The	119558
number of years may be any number not exceeding five or, if the	119559
levy is for current expenses of the district or for general	119560
permanent improvements, for a continuing period of time. The	119561
resolution shall specify the date of holding such election, which	119562
shall not be earlier than ninety days after the adoption and	119563
certification of the resolution and which shall be consistent with	119564
the requirements of section 3501.01 of the Revised Code.	119565

The resolution may propose to renew one or more existing	119566
levies imposed under this section or to increase or decrease a	119567
single levy imposed under this section. If the board of education	119568
imposes one or more existing levies for the purpose specified in	119569
division (F) of section 5705.19 of the Revised Code, the	119570
resolution may propose to renew one or more of those existing	119571
levies, or to increase or decrease a single such existing levy,	119572
for the purpose of general permanent improvements. If the	119573
resolution proposes to renew two or more existing levies, the	119574
levies shall be levied for the same purpose. The resolution shall	119575
identify those levies and the rates at which they are levied. The	119576
resolution also shall specify that the existing levies shall not	119577
be extended on the tax lists after the year preceding the year in	119578
which the renewal levy is first imposed, regardless of the years	119579
for which those levies originally were authorized to be levied.	119580

The resolution shall go into immediate effect upon its	119581
passage, and no publication of the resolution shall be necessary	119582
other than that provided for in the notice of election. A copy of	119583
the resolution shall immediately after its passing be certified to	119584
the board of elections of the proper county in the manner provided	119585
by section 5705.25 of the Revised Code, and that section shall	119586
govern the arrangements for the submission of such question and	119587
other matters concerning such election, to which that section	119588
refers, except that such election shall be held on the date	119589
specified in the resolution. Publication of notice of that	119590
election shall be made in ~~one or more newspapers~~a newspaper of	119591
general circulation in the county once a week for two consecutive	119592
weeks, or as provided in section 7.16 of the Revised Code, prior	119593
to the election~~, and, if~~. If the board of elections operates and	119594
maintains a web site, the board of elections shall post notice of	119595
the election on its web site for thirty days prior to the	119596
election. If a majority of the electors voting on the question so	119597
submitted in an election vote in favor of the levy, the board of	119598
education may make the necessary levy within the school district	119599
at the additional rate, or at any lesser rate in excess of the	119600
ten-mill limitation on the tax list, for the purpose stated in the	119601
resolution. A levy for a continuing period of time may be reduced	119602
pursuant to section 5705.261 of the Revised Code. The tax levy	119603
shall be included in the next tax budget that is certified to the	119604
county budget commission.	119605

(C)(1) After the approval of a levy on the current tax list	119606
and duplicate for current expenses, for recreational purposes, for	119607
community centers provided for in section 755.16 of the Revised	119608
Code, or for a public library of the district and prior to the	119609
time when the first tax collection from the levy can be made, the	119610
board of education may anticipate a fraction of the proceeds of	119611
the levy and issue anticipation notes in a principal amount not	119612
exceeding fifty per cent of the total estimated proceeds of the	119613
levy to be collected during the first year of the levy.	119614

(2) After the approval of a levy for general permanent	119615
improvements for a specified number of years, or for permanent	119616
improvements having the purpose specified in division (F) of	119617
section 5705.19 of the Revised Code, the board of education may	119618
anticipate a fraction of the proceeds of the levy and issue	119619
anticipation notes in a principal amount not exceeding fifty per	119620
cent of the total estimated proceeds of the levy remaining to be	119621
collected in each year over a period of five years after the	119622
issuance of the notes.	119623

The notes shall be issued as provided in section 133.24 of	119624
the Revised Code, shall have principal payments during each year	119625
after the year of their issuance over a period not to exceed five	119626
years, and may have a principal payment in the year of their	119627
issuance.	119628

(3) After approval of a levy for general permanent	119629
improvements for a continuing period of time, the board of	119630
education may anticipate a fraction of the proceeds of the levy	119631
and issue anticipation notes in a principal amount not exceeding	119632
fifty per cent of the total estimated proceeds of the levy to be	119633
collected in each year over a specified period of years, not	119634
exceeding ten, after the issuance of the notes.	119635

The notes shall be issued as provided in section 133.24 of	119636
the Revised Code, shall have principal payments during each year	119637
after the year of their issuance over a period not to exceed ten	119638
years, and may have a principal payment in the year of their	119639
issuance.	119640

Sec. 5705.211. (A) As used in this section:

119641

(1) "Adjusted charge-off increase" for a tax year means two	119642
and two-tenths per cent of the cumulative carryover property value	119643
increase. ~~If the cumulative carryover property value increase is~~	119644
~~computed on the basis of a school district's recognized valuation~~	119645
~~for a fiscal year before fiscal year 2014, the adjusted charge-off~~	119646
~~increase shall be adjusted to account for the greater charge-off~~	119647
~~rates prescribed for such fiscal years under sections 3317.022 and~~	119648
~~3306.13 of the Revised Code.~~	119649

(2) "Cumulative carryover property value increase" means the	119650
sum of the increases in carryover value certified under division	119651
(B)(2) of section 3317.015 of the Revised Code and included in a	119652
school district's total taxable value in the computation of	119653
recognized valuation under division (B) of that section for all	119654
fiscal years from the fiscal year that ends in the first tax year	119655
a levy under this section is extended on the tax list of real and	119656
public utility property until and including the fiscal year that	119657
ends in the current tax year.	119658

(3) "Taxes charged and payable" means the taxes charged and	119659
payable from a tax levy extended on the real and public utility	119660
property tax list and the general list of personal property before	119661
any reduction under section 319.302, 323.152, or 323.158 of the	119662
Revised Code.	119663

(B) The board of education of a city, local, or exempted	119664
village school district may adopt a resolution proposing the levy	119665
of a tax in excess of the ten-mill limitation for the purpose of	119666
paying the current operating expenses of the district. If the	119667
resolution is approved as provided in division (D) of this	119668
section, the tax may be levied at such a rate each tax year that	119669
the total taxes charged and payable from the levy equals the	119670
adjusted charge-off increase for the tax year or equals a lesser	119671
amount as prescribed under division (C) of this section. The tax	119672
may be levied for a continuing period of time or for a specific	119673
number of years, but not fewer than five years, as provided in the	119674
resolution. The tax may not be placed on the tax list for a tax	119675
year beginning before the first day of January following adoption	119676
of the resolution. A board of education may not adopt a resolution	119677
under this section proposing to levy a tax under this section	119678
concurrently with any other tax levied by the board under this	119679
section.	119680

(C) After the first year a tax is levied under this section,	119681
the rate of the tax in any year shall not exceed the rate,	119682
estimated by the county auditor, that would cause the sums levied	119683
from the tax against carryover property to exceed one hundred four	119684
per cent of the sums levied from the tax against carryover	119685
property in the preceding year. A board of education imposing a	119686
tax under this section may specify in the resolution imposing the	119687
tax that the percentage shall be less than one hundred four per	119688
cent, but the percentage shall not be less than one hundred per	119689
cent. At any time after a resolution adopted under this section is	119690
approved by a majority of electors as provided in division (D) of	119691
this section, the board of education, by resolution, may decrease	119692
the percentage specified in the resolution levying the tax.	119693

(D) A resolution adopted under this section shall state that	119694
the purpose of the tax is to pay current operating expenses of the	119695
district, and shall specify the first year in which the tax is to	119696
be levied, the number of years the tax will be levied or that it	119697
will be levied for a continuing period of time, and the election	119698
at which the question of the tax is to appear on the ballot, which	119699
shall be a general or special election consistent with the	119700
requirements of section 3501.01 of the Revised Code. If the board	119701
of education specifies a percentage less than one hundred four per	119702
cent pursuant to division (C) of this section, the percentage	119703
shall be specified in the resolution.	119704

Upon adoption of the resolution, the board of education may	119705
certify a copy of the resolution to the proper county board of	119706
elections. The copy of the resolution shall be certified to the	119707
board of elections not later than ninety days before the day of	119708
the election at which the question of the tax is to appear on the	119709
ballot. Upon receiving a timely certified copy of such a	119710
resolution, the board of elections shall make the necessary	119711
arrangements for the submission of the question to the electors of	119712
the school district, and the election shall be conducted,	119713
canvassed, and certified in the same manner as regular elections	119714
in the school district for the election of members of the board of	119715
education. Notice of the election shall be published in ~~one or~~	119716
~~more newspapers~~a newspaper of general circulation in the school	119717
district once per week for four consecutive weeks or as provided	119718
in section 7.16 of the Revised Code. The notice shall state that	119719
the purpose of the tax is for the current operating expenses of	119720
the school district, the first year the tax is to be levied, the	119721
number of years the tax is to be levied or that it is to be levied	119722
for a continuing period of time, that the tax is to be levied each	119723
year in an amount estimated to offset decreases in state base cost	119724
funding caused by appreciation in real estate values, and that the	119725
estimated additional tax in any year shall not exceed the previous	119726
year's by more than four per cent, or a lesser percentage	119727
specified in the resolution levying the tax, except for increases	119728
caused by the addition of new taxable property.	119729

The question shall be submitted as a separate proposition but	119730
may be printed on the same ballot with any other proposition	119731
submitted at the same election other than the election of	119732
officers.	119733

The form of the ballot shall be substantially as follows:

119734

"An additional tax for the benefit of (name of school	119735
district) for the purpose of paying the current operating expenses	119736
of the district, for .......... (number of years or for continuing	119737
period of time), at a rate sufficient to offset any reduction in	119738
basic state funding caused by appreciation in real estate values?	119739
This levy will permit variable annual growth in revenue up to	119740
.......... (amount specified by school district) per cent for the	119741
duration of the levy.	119742

119743

		For the tax levy			119744
		Against the tax levy	"		119745

119746

If a majority of the electors of the school district voting	119747
on the question vote in favor of the question, the board of	119748
elections shall certify the results of the election to the board	119749
of education and to the tax commissioner immediately after the	119750
canvass.	119751

(E) When preparing any estimate of the contemplated receipts	119752
from a tax levied pursuant to this section for the purposes of	119753
sections 5705.28 to 5705.40 of the Revised Code, and in preparing	119754
to certify the tax under section 5705.34 of the Revised Code, a	119755
board of education authorized to levy such a tax shall use	119756
information supplied by the department of education to determine	119757
the adjusted charge-off increase for the tax year for which that	119758
certification is made. If the board levied a tax under this	119759
section in the preceding tax year, the sum to be certified for	119760
collection from the tax shall not exceed the sum that would exceed	119761
the limitation imposed under division (C) of this section. At the	119762
request of the board of education or the treasurer of the school	119763
district, the county auditor shall assist the board of education	119764
in determining the rate or sum that may be levied under this	119765
section.	119766

The board of education shall certify the sum authorized to be	119767
levied to the county auditor, and, for the purpose of the county	119768
auditor determining the rate at which the tax is to be levied in	119769
the tax year, the sum so certified shall be the sum to be raised	119770
by the tax unless the sum exceeds the limitation imposed by	119771
division (C) of this section. A tax levied pursuant to this	119772
section shall not be levied at a rate in excess of the rate	119773
estimated by the county auditor to produce the sum certified by	119774
the board of education before the reductions under sections	119775
319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding	119776
section 5705.34 of the Revised Code, a board of education	119777
authorized to levy a tax under this section shall certify the tax	119778
to the county auditor before the first day of October of the tax	119779
year in which the tax is to be levied, or at a later date as	119780
approved by the tax commissioner.	119781

Sec. 5705.214. Not more than three elections during any	119782
calendar year shall include the questions by a school district of	119783
tax levies proposed under any one or any combination of the	119784
following sections: sections 5705.194, 5705.199, 5705.21,	119785
5705.212, 5705.213, 5705.217, 5705.218, ~~and~~ 5705.219, and 5748.09	119786
of the Revised Code.	119787

Sec. 5705.218. (A) The board of education of a city, local,	119788
or exempted village school district, at any time by a vote of	119789
two-thirds of all its members, may declare by resolution that it	119790
may be necessary for the school district to issue general	119791
obligation bonds for permanent improvements. The resolution shall	119792
state all of the following:	119793

(1) The necessity and purpose of the bond issue;

119794

(2) The date of the special election at which the question	119795
shall be submitted to the electors;	119796

(3) The amount, approximate date, estimated rate of interest,	119797
and maximum number of years over which the principal of the bonds	119798
may be paid;	119799

(4) The necessity of levying a tax outside the ten-mill	119800
limitation to pay debt charges on the bonds and any anticipatory	119801
securities.	119802

On adoption of the resolution, the board shall certify a copy	119803
of it to the county auditor. The county auditor promptly shall	119804
estimate and certify to the board the average annual property tax	119805
rate required throughout the stated maturity of the bonds to pay	119806
debt charges on the bonds, in the same manner as under division	119807
(C) of section 133.18 of the Revised Code.	119808

(B) After receiving the county auditor's certification under	119809
division (A) of this section, the board of education of the city,	119810
local, or exempted village school district, by a vote of	119811
two-thirds of all its members, may declare by resolution that the	119812
amount of taxes that can be raised within the ten-mill limitation	119813
will be insufficient to provide an adequate amount for the present	119814
and future requirements of the school district; that it is	119815
necessary to issue general obligation bonds of the school district	119816
for permanent improvements and to levy an additional tax in excess	119817
of the ten-mill limitation to pay debt charges on the bonds and	119818
any anticipatory securities; that it is necessary for a specified	119819
number of years or for a continuing period of time to levy	119820
additional taxes in excess of the ten-mill limitation to provide	119821
funds for the acquisition, construction, enlargement, renovation,	119822
and financing of permanent improvements or to pay for current	119823
operating expenses, or both; and that the question of the bonds	119824
and taxes shall be submitted to the electors of the school	119825
district at a special election, which shall not be earlier than	119826
ninety days after certification of the resolution to the board of	119827
elections, and the date of which shall be consistent with section	119828
3501.01 of the Revised Code. The resolution shall specify all of	119829
the following:	119830

(1) The county auditor's estimate of the average annual	119831
property tax rate required throughout the stated maturity of the	119832
bonds to pay debt charges on the bonds;	119833

(2) The proposed rate of the tax, if any, for current	119834
operating expenses, the first year the tax will be levied, and the	119835
number of years it will be levied, or that it will be levied for a	119836
continuing period of time;	119837

(3) The proposed rate of the tax, if any, for permanent	119838
improvements, the first year the tax will be levied, and the	119839
number of years it will be levied, or that it will be levied for a	119840
continuing period of time.	119841

The resolution shall apportion the annual rate of the tax	119842
between current operating expenses and permanent improvements, if	119843
both taxes are proposed. The apportionment may but need not be the	119844
same for each year of the tax, but the respective portions of the	119845
rate actually levied each year for current operating expenses and	119846
permanent improvements shall be limited by the apportionment. The	119847
resolution shall go into immediate effect upon its passage, and no	119848
publication of it is necessary other than that provided in the	119849
notice of election. The board of education shall certify a copy of	119850
the resolution, along with copies of the auditor's estimate and	119851
its resolution under division (A) of this section, to the board of	119852
elections immediately after its adoption.	119853

(C) The board of elections shall make the arrangements for	119854
the submission of the question to the electors of the school	119855
district, and the election shall be conducted, canvassed, and	119856
certified in the same manner as regular elections in the district	119857
for the election of county officers. The resolution shall be put	119858
before the electors as one ballot question, with a favorable vote	119859
indicating approval of the bond issue, the levy to pay debt	119860
charges on the bonds and any anticipatory securities, the current	119861
operating expenses levy, and the permanent improvements levy, if	119862
either or both levies are proposed. The board of elections shall	119863
publish notice of the election in ~~one or more newspapers~~a	119864
newspaper of general circulation in the school district once a	119865
week for two consecutive weeks, or as provided in section 7.16 of	119866
the Revised Code, prior to the election~~, and, if~~. If a board of	119867
elections operates and maintains a web site, that board also shall	119868
post notice of the election on its web site for thirty days prior	119869
to the election. The notice of election shall state all of the	119870
following:	119871

(1) The principal amount of the proposed bond issue;

119872

(2) The permanent improvements for which the bonds are to be	119873
issued;	119874

(3) The maximum number of years over which the principal of	119875
the bonds may be paid;	119876

(4) The estimated additional average annual property tax rate	119877
to pay the debt charges on the bonds, as certified by the county	119878
auditor;	119879

(5) The proposed rate of the additional tax, if any, for	119880
current operating expenses;	119881

(6) The number of years the current operating expenses tax	119882
will be in effect, or that it will be in effect for a continuing	119883
period of time;	119884

(7) The proposed rate of the additional tax, if any, for	119885
permanent improvements;	119886

(8) The number of years the permanent improvements tax will	119887
be in effect, or that it will be in effect for a continuing period	119888
of time;	119889

(9) The time and place of the special election.

119890

(D) The form of the ballot for an election under this section	119891
is as follows:	119892

"Shall the .......... school district be authorized to do the	119893
following:	119894

(1) Issue bonds for the purpose of .......... in the	119895
principal amount of $......, to be repaid annually over a maximum	119896
period of ...... years, and levy a property tax outside the	119897
ten-mill limitation, estimated by the county auditor to average	119898
over the bond repayment period ...... mills for each one dollar of	119899
tax valuation, which amounts to ...... (rate expressed in cents or	119900
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	119901
tax valuation, to pay the annual debt charges on the bonds, and to	119902
pay debt charges on any notes issued in anticipation of those	119903
bonds?"	119904

If either a levy for permanent improvements or a levy for	119905
current operating expenses is proposed, or both are proposed, the	119906
ballot also shall contain the following language, as appropriate:	119907

"(2) Levy an additional property tax to provide funds for the	119908
acquisition, construction, enlargement, renovation, and financing	119909
of permanent improvements at a rate not exceeding ....... mills	119910
for each one dollar of tax valuation, which amounts to .......	119911
(rate expressed in cents or dollars and cents) for each $100 of	119912
tax valuation, for ...... (number of years of the levy, or a	119913
continuing period of time)?	119914

(3) Levy an additional property tax to pay current operating	119915
expenses at a rate not exceeding ....... mills for each one dollar	119916
of tax valuation, which amounts to ....... (rate expressed in	119917
cents or dollars and cents) for each $100 of tax valuation, for	119918
....... (number of years of the levy, or a continuing period of	119919
time)?	119920

119921

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			119922
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		119923

119924

(E) The board of elections promptly shall certify the results	119925
of the election to the tax commissioner and the county auditor of	119926
the county in which the school district is located. If a majority	119927
of the electors voting on the question vote for it, the board of	119928
education may proceed with issuance of the bonds and with the levy	119929
and collection of the property tax or taxes at the additional rate	119930
or any lesser rate in excess of the ten-mill limitation. Any	119931
securities issued by the board of education under this section are	119932
Chapter 133. securities, as that term is defined in section 133.01	119933
of the Revised Code.	119934

(F)(1) After the approval of a tax for current operating	119935
expenses under this section and prior to the time the first	119936
collection and distribution from the levy can be made, the board	119937
of education may anticipate a fraction of the proceeds of such	119938
levy and issue anticipation notes in a principal amount not	119939
exceeding fifty per cent of the total estimated proceeds of the	119940
tax to be collected during the first year of the levy.	119941

(2) After the approval of a tax under this section for	119942
permanent improvements having a specific purpose, the board of	119943
education may anticipate a fraction of the proceeds of such tax	119944
and issue anticipation notes in a principal amount not exceeding	119945
fifty per cent of the total estimated proceeds of the tax	119946
remaining to be collected in each year over a period of five years	119947
after issuance of the notes.	119948

(3) After the approval of a tax for general, on-going	119949
permanent improvements under this section, the board of education	119950
may anticipate a fraction of the proceeds of such tax and issue	119951
anticipation notes in a principal amount not exceeding fifty per	119952
cent of the total estimated proceeds of the tax to be collected in	119953
each year over a specified period of years, not exceeding ten,	119954
after issuance of the notes.	119955

Anticipation notes under this section shall be issued as	119956
provided in section 133.24 of the Revised Code. Notes issued under	119957
division (F)(1) or (2) of this section shall have principal	119958
payments during each year after the year of their issuance over a	119959
period not to exceed five years, and may have a principal payment	119960
in the year of their issuance. Notes issued under division (F)(3)	119961
of this section shall have principal payments during each year	119962
after the year of their issuance over a period not to exceed ten	119963
years, and may have a principal payment in the year of their	119964
issuance.	119965

(G) A tax for current operating expenses or for permanent	119966
improvements levied under this section for a specified number of	119967
years may be renewed or replaced in the same manner as a tax for	119968
current operating expenses or for permanent improvements levied	119969
under section 5705.21 of the Revised Code. A tax for current	119970
operating expenses or for permanent improvements levied under this	119971
section for a continuing period of time may be decreased in	119972
accordance with section 5705.261 of the Revised Code.	119973

(H) The submission of a question to the electors under this	119974
section is subject to the limitation on the number of elections	119975
that can be held in a year under section 5705.214 of the Revised	119976
Code.	119977

(I) A school district board of education proposing a ballot	119978
measure under this section to generate local resources for a	119979
project under the school building assistance expedited local	119980
partnership program under section 3318.36 of the Revised Code may	119981
combine the questions under division (D) of this section with a	119982
question for the levy of a property tax to generate moneys for	119983
maintenance of the classroom facilities acquired under that	119984
project as prescribed in section 3318.361 of the Revised Code.	119985

Sec. 5705.25. (A) A copy of any resolution adopted as	119986
provided in section 5705.19 or 5705.2111 of the Revised Code shall	119987
be certified by the taxing authority to the board of elections of	119988
the proper county not less than ninety days before the general	119989
election in any year, and the board shall submit the proposal to	119990
the electors of the subdivision at the succeeding November	119991
election. Except as otherwise provided in this division, a	119992
resolution to renew an existing levy, regardless of the section of	119993
the Revised Code under which the tax was imposed, shall not be	119994
placed on the ballot unless the question is submitted at the	119995
general election held during the last year the tax to be renewed	119996
or replaced may be extended on the real and public utility	119997
property tax list and duplicate, or at any election held in the	119998
ensuing year. The limitation of the foregoing sentence does not	119999
apply to a resolution to renew and increase or to renew part of an	120000
existing levy that was imposed under section 5705.191 of the	120001
Revised Code to supplement the general fund for the purpose of	120002
making appropriations for one or more of the following purposes:	120003
for public assistance, human or social services, relief, welfare,	120004
hospitalization, health, and support of general hospitals. The	120005
limitation of the second preceding sentence also does not apply to	120006
a resolution that proposes to renew two or more existing levies	120007
imposed under section 5705.21 of the Revised Code, in which case	120008
the question shall be submitted on the date of the general or	120009
primary election held during the last year at least one of the	120010
levies to be renewed may be extended on the real and public	120011
utility property tax list and duplicate, or at any election held	120012
during the ensuing year. For purposes of this section, a levy	120013
shall be considered to be an "existing levy" through the year	120014
following the last year it can be placed on that tax list and	120015
duplicate.	120016

The board shall make the necessary arrangements for the	120017
submission of such questions to the electors of such subdivision,	120018
and the election shall be conducted, canvassed, and certified in	120019
the same manner as regular elections in such subdivision for the	120020
election of county officers. Notice of the election shall be	120021
published in a newspaper of general circulation in the subdivision	120022
once a week for two consecutive weeks, or as provided in section	120023
7.16 of the Revised Code, prior to the election~~, and, if~~. If the	120024
board of elections operates and maintains a web site, the board of	120025
elections shall post notice of the election on its web site for	120026
thirty days prior to the election. The notice shall state the	120027
purpose, the proposed increase in rate expressed in dollars and	120028
cents for each one hundred dollars of valuation as well as in	120029
mills for each one dollar of valuation, the number of years during	120030
which the increase will be in effect, the first month and year in	120031
which the tax will be levied, and the time and place of the	120032
election.	120033

(B) The form of the ballots cast at an election held pursuant	120034
to division (A) of this section shall be as follows:	120035

"An additional tax for the benefit of (name of subdivision or	120036
public library) .......... for the purpose of (purpose stated in	120037
the resolution) .......... at a rate not exceeding ...... mills	120038
for each one dollar of valuation, which amounts to (rate expressed	120039
in dollars and cents) ............ for each one hundred dollars of	120040
valuation, for ...... (life of indebtedness or number of years the	120041
levy is to run).	120042

120043

		For the Tax Levy			120044
		Against the Tax Levy	"		120045

120046

(C) If the levy is to be in effect for a continuing period of	120047
time, the notice of election and the form of ballot shall so state	120048
instead of setting forth a specified number of years for the levy.	120049

If the tax is to be placed on the current tax list, the form	120050
of the ballot shall be modified by adding, after the statement of	120051
the number of years the levy is to run, the phrase ", commencing	120052
in .......... (first year the tax is to be levied), first due in	120053
calendar year .......... (first calendar year in which the tax	120054
shall be due)."	120055

If the levy submitted is a proposal to renew, increase, or	120056
decrease an existing levy, the form of the ballot specified in	120057
division (B) of this section may be changed by substituting for	120058
the words "An additional" at the beginning of the form, the words	120059
"A renewal of a" in case of a proposal to renew an existing levy	120060
in the same amount; the words "A renewal of ........ mills and an	120061
increase of ...... mills to constitute a" in the case of an	120062
increase; or the words "A renewal of part of an existing levy,	120063
being a reduction of ...... mills, to constitute a" in the case of	120064
a decrease in the proposed levy.	120065

If the levy submitted is a proposal to renew two or more	120066
existing levies imposed under section 5705.21 of the Revised Code,	120067
the form of the ballot specified in division (B) of this section	120068
shall be modified by substituting for the words "an additional	120069
tax" the words "a renewal of ....(insert the number of levies to	120070
be renewed) existing taxes."	120071

The question covered by such resolution shall be submitted as	120072
a separate proposition but may be printed on the same ballot with	120073
any other proposition submitted at the same election, other than	120074
the election of officers. More than one such question may be	120075
submitted at the same election.	120076

(D) A levy voted in excess of the ten-mill limitation under	120077
this section shall be certified to the tax commissioner. In the	120078
first year of the levy, it shall be extended on the tax lists	120079
after the February settlement succeeding the election. If the	120080
additional tax is to be placed upon the tax list of the current	120081
year, as specified in the resolution providing for its submission,	120082
the result of the election shall be certified immediately after	120083
the canvass by the board of elections to the taxing authority, who	120084
shall make the necessary levy and certify it to the county	120085
auditor, who shall extend it on the tax lists for collection.	120086
After the first year, the tax levy shall be included in the annual	120087
tax budget that is certified to the county budget commission.	120088

Sec. 5705.251. (A) A copy of a resolution adopted under	120089
section 5705.212 or 5705.213 of the Revised Code shall be	120090
certified by the board of education to the board of elections of	120091
the proper county not less than ninety days before the date of the	120092
election specified in the resolution, and the board of elections	120093
shall submit the proposal to the electors of the school district	120094
at a special election to be held on that date. The board of	120095
elections shall make the necessary arrangements for the submission	120096
of the question or questions to the electors of the school	120097
district, and the election shall be conducted, canvassed, and	120098
certified in the same manner as regular elections in the school	120099
district for the election of county officers. Notice of the	120100
election shall be published in a newspaper of general circulation	120101
in the subdivision once a week for two consecutive weeks, or as	120102
provided in section 7.16 of the Revised Code, prior to the	120103
election~~, and, if~~. If the board of elections operates and	120104
maintains a web site, the board of elections shall post notice of	120105
the election on its web site for thirty days prior to the	120106
election.	120107

(1) In the case of a resolution adopted under section	120108
5705.212 of the Revised Code, the notice shall state separately,	120109
for each tax being proposed, the purpose; the proposed increase in	120110
rate, expressed in dollars and cents for each one hundred dollars	120111
of valuation as well as in mills for each one dollar of valuation;	120112
the number of years during which the increase will be in effect;	120113
and the first calendar year in which the tax will be due. For an	120114
election on the question of a renewal levy, the notice shall state	120115
the purpose; the proposed rate, expressed in dollars and cents for	120116
each one hundred dollars of valuation as well as in mills for each	120117
one dollar of valuation; and the number of years the tax will be	120118
in effect.	120119

(2) In the case of a resolution adopted under section	120120
5705.213 of the Revised Code, the notice shall state the purpose;	120121
the amount proposed to be raised by the tax in the first year it	120122
is levied; the estimated average additional tax rate for the first	120123
year it is proposed to be levied, expressed in mills for each one	120124
dollar of valuation and in dollars and cents for each one hundred	120125
dollars of valuation; the number of years during which the	120126
increase will be in effect; and the first calendar year in which	120127
the tax will be due. The notice also shall state the amount by	120128
which the amount to be raised by the tax may be increased in each	120129
year after the first year. The amount of the allowable increase	120130
may be expressed in terms of a dollar increase over, or a	120131
percentage of, the amount raised by the tax in the immediately	120132
preceding year. For an election on the question of a renewal levy,	120133
the notice shall state the purpose; the amount proposed to be	120134
raised by the tax; the estimated tax rate, expressed in mills for	120135
each one dollar of valuation and in dollars and cents for each one	120136
hundred dollars of valuation; and the number of years the tax will	120137
be in effect.	120138

In any case, the notice also shall state the time and place	120139
of the election.	120140

(B) The form of the ballot in an election on taxes proposed	120141
under section 5705.212 of the Revised Code shall be as follows:	120142

"Shall the .......... school district be authorized to levy	120143
taxes for current expenses, the aggregate rate of which may	120144
increase in ...... (number) increment(s) of not more than ......	120145
mill(s) for each dollar of valuation, from an original rate of	120146
...... mill(s) for each dollar of valuation, which amounts to	120147
...... (rate expressed in dollars and cents) for each one hundred	120148
dollars of valuation, to a maximum rate of ...... mill(s) for each	120149
dollar of valuation, which amounts to ...... (rate expressed in	120150
dollars and cents) for each one hundred dollars of valuation? The	120151
original tax is first proposed to be levied in ...... (the first	120152
year of the tax), and the incremental tax in ...... (the first	120153
year of the increment) (if more than one incremental tax is	120154
proposed in the resolution, the first year that each incremental	120155
tax is proposed to be levied shall be stated in the preceding	120156
format, and the increments shall be referred to as the first,	120157
second, third, or fourth increment, depending on their number).	120158
The aggregate rate of tax so authorized will .......... (insert	120159
either, "expire with the original rate of tax which shall be in	120160
effect for ...... years" or "be in effect for a continuing period	120161
of time").	120162

120163

		FOR THE TAX LEVIES			120164
		AGAINST THE TAX LEVIES	"		120165

120166

The form of the ballot in an election on the question of a	120167
renewal levy under section 5705.212 of the Revised Code shall be	120168
as follows:	120169

"Shall the ......... school district be authorized to renew a	120170
tax for current expenses at a rate not exceeding ......... mills	120171
for each dollar of valuation, which amounts to ......... (rate	120172
expressed in dollars and cents) for each one hundred dollars of	120173
valuation, for .......... (number of years the levy shall be in	120174
effect, or a continuing period of time)?	120175

120176

		FOR THE TAX LEVY			120177
		AGAINST THE TAX LEVY	"		120178

120179

If the tax is to be placed on the current tax list, the form	120180
of the ballot shall be modified by adding, after the statement of	120181
the number of years the levy is to be in effect, the phrase ",	120182
commencing in .......... (first year the tax is to be levied),	120183
first due in calendar year .......... (first calendar year in	120184
which the tax shall be due)."	120185

(C) The form of the ballot in an election on a tax proposed	120186
under section 5705.213 of the Revised Code shall be as follows:	120187

"Shall the ........ school district be authorized to levy the	120188
following tax for current expenses? The tax will first be levied	120189
in ...... (year) to raise ...... (dollars). In the ...... (number	120190
of years) following years, the tax will increase by not more than	120191
...... (per cent or dollar amount of increase) each year, so that,	120192
during ...... (last year of the tax), the tax will raise	120193
approximately ...... (dollars). The county auditor estimates that	120194
the rate of the tax per dollar of valuation will be ......	120195
mill(s), which amounts to $..... per one hundred dollars of	120196
valuation, both during ...... (first year of the tax) and ......	120197
mill(s), which amounts to $...... per one hundred dollars of	120198
valuation, during ...... (last year of the tax). The tax will not	120199
be levied after ...... (year).	120200

120201

		FOR THE TAX LEVY			120202
		AGAINST THE TAX LEVY	"		120203

120204

The form of the ballot in an election on the question of a	120205
renewal levy under section 5705.213 of the Revised Code shall be	120206
as follows:	120207

"Shall the ......... school district be authorized to renew a	120208
tax for current expenses which will raise ......... (dollars),	120209
estimated by the county auditor to be ......... mills for each	120210
dollar of valuation, which amounts to ......... (rate expressed in	120211
dollars and cents) for each one hundred dollars of valuation? The	120212
tax shall be in effect for ......... (the number of years the levy	120213
shall be in effect, or a continuing period of time).	120214

120215

		FOR THE TAX LEVY			120216
		AGAINST THE TAX LEVY	"		120217

120218

If the tax is to be placed on the current tax list, the form	120219
of the ballot shall be modified by adding, after the statement of	120220
the number of years the levy is to be in effect, the phrase ",	120221
commencing in .......... (first year the tax is to be levied),	120222
first due in calendar year .......... (first calendar year in	120223
which the tax shall be due)."	120224

(D) The question covered by a resolution adopted under	120225
section 5705.212 or 5705.213 of the Revised Code shall be	120226
submitted as a separate question, but may be printed on the same	120227
ballot with any other question submitted at the same election,	120228
other than the election of officers. More than one question may be	120229
submitted at the same election.	120230

(E) Taxes voted in excess of the ten-mill limitation under	120231
division (B) or (C) of this section shall be certified to the tax	120232
commissioner. If an additional tax is to be placed upon the tax	120233
list of the current year, as specified in the resolution providing	120234
for its submission, the result of the election shall be certified	120235
immediately after the canvass by the board of elections to the	120236
board of education. The board of education immediately shall make	120237
the necessary levy and certify it to the county auditor, who shall	120238
extend it on the tax list for collection. After the first year,	120239
the levy shall be included in the annual tax budget that is	120240
certified to the county budget commission.	120241

Sec. 5705.261. The question of decrease of an increased rate	120242
of levy approved for a continuing period of time by the voters of	120243
a subdivision may be initiated by the filing of a petition with	120244
the board of elections of the proper county not less than ninety	120245
days before the general election in any year requesting that an	120246
election be held on such question. Such petition shall state the	120247
amount of the proposed decrease in the rate of levy and shall be	120248
signed by qualified electors residing in the subdivision equal in	120249
number to at least ten per cent of the total number of votes cast	120250
in the subdivision for the office of governor at the most recent	120251
general election for that office. Only one such petition may be	120252
filed during each five-year period following the election at which	120253
the voters approved the increased rate for a continuing period of	120254
time.	120255

After determination by it that such petition is valid, the	120256
board of elections shall submit the question to the electors of	120257
the district at the succeeding general election. The election	120258
shall be conducted, canvassed, and certified in the same manner as	120259
regular elections in such subdivision for county offices. Notice	120260
of the election shall be published in a newspaper of general	120261
circulation in the district once a week for two consecutive weeks,	120262
or as provided in section 7.16 of the Revised Code, prior to the	120263
election~~, and, if~~. If the board of elections operates and	120264
maintains a web site, the board of elections shall post notice of	120265
the election on its web site for thirty days prior to the	120266
election. The notice shall state the purpose, the amount of the	120267
proposed decrease in rate, and the time and place of the election.	120268
The form of the ballot cast at such election shall be prescribed	120269
by the secretary of state. The question covered by such petition	120270
shall be submitted as a separate proposition but it may be printed	120271
on the same ballot with any other propositions submitted at the	120272
same election other than the election of officers. If a majority	120273
of the qualified electors voting on the question of a decrease at	120274
such election approve the proposed decrease in rate, the result of	120275
the election shall be certified immediately after the canvass by	120276
the board of elections to the subdivision's taxing authority,	120277
which shall thereupon, after the current year, cease to levy such	120278
increased rate or levy such tax at such reduced rate upon the	120279
duplicate of the subdivision. If notes have been issued in	120280
anticipation of the collection of such levy, the taxing authority	120281
shall continue to levy and collect under authority of the election	120282
authorizing the original levy such amounts as will be sufficient	120283
to pay the principal of and interest on such anticipation notes as	120284
the same fall due.	120285

Sec. 5705.29. This section does not apply to a subdivision or	120286
taxing unit for which the county budget commission has waived the	120287
requirement to adopt a tax budget pursuant to section 5705.281 of	120288
the Revised Code. The tax budget shall present the following	120289
information in such detail as is prescribed by the auditor of	120290
state:	120291

(A)(1) A statement of the necessary current operating	120292
expenses for the ensuing fiscal year for each department and	120293
division of the subdivision, classified as to personal services	120294
and other expenses, and the fund from which such expenditures are	120295
to be made. Except in the case of a school district, this estimate	120296
may include a contingent expense not designated for any particular	120297
purpose, and not to exceed three per cent of the total amount of	120298
appropriations for current expenses. In the case of a school	120299
district, this estimate may include a contingent expense not	120300
designated for any particular purpose and not to exceed thirteen	120301
per cent of the total amount of appropriations for current	120302
expenses.	120303

(2) A statement of the expenditures for the ensuing fiscal	120304
year necessary for permanent improvements, exclusive of any	120305
expense to be paid from bond issues, classified as to the	120306
improvements contemplated by the subdivision and the fund from	120307
which such expenditures are to be made;	120308

(3) The amounts required for the payment of final judgments;

120309

(4) A statement of expenditures for the ensuing fiscal year	120310
necessary for any purpose for which a special levy is authorized,	120311
and the fund from which such expenditures are to be made;	120312

(5) Comparative statements, so far as possible, in parallel	120313
columns of corresponding items of expenditures for the current	120314
fiscal year and the two preceding fiscal years.	120315

(B)(1) An estimate of receipts from other sources than the	120316
general property tax during the ensuing fiscal year, which shall	120317
include an estimate of unencumbered balances at the end of the	120318
current fiscal year, and the funds to which such estimated	120319
receipts are credited;	120320

(2) The amount each fund requires from the general property	120321
tax, which shall be the difference between the contemplated	120322
expenditure from the fund and the estimated receipts, as provided	120323
in this section. The section of the Revised Code under which the	120324
tax is authorized shall be set forth.	120325

(3) Comparative statements, so far as possible, in parallel	120326
columns of taxes and other revenues for the current fiscal year	120327
and the two preceding fiscal years.	120328

(C)(1) The amount required for debt charges;

120329

(2) The estimated receipts from sources other than the tax	120330
levy for payment of such debt charges, including the proceeds of	120331
refunding bonds to be issued to refund bonds maturing in the next	120332
succeeding fiscal year;	120333

(3) The net amount for which a tax levy shall be made,	120334
classified as to bonds authorized and issued prior to January 1,	120335
1922, and those authorized and issued subsequent to such date, and	120336
as to what portion of the levy will be within and what in excess	120337
of the ten-mill limitation.	120338

(D) An estimate of amounts from taxes authorized to be levied	120339
in excess of the ten-mill limitation on the tax rate, and the fund	120340
to which such amounts will be credited, together with the sections	120341
of the Revised Code under which each such tax is exempted from all	120342
limitations on the tax rate.	120343

(E)(1) A board of education may include in its budget for the	120344
fiscal year in which a levy proposed under section 5705.194,	120345
5705.199, 5705.21, 5705.213, or 5705.219, a property tax levy	120346
proposed under section 5748.09, or the original levy under section	120347
5705.212 of the Revised Code is first extended on the tax list and	120348
duplicate an estimate of expenditures to be known as a voluntary	120349
contingency reserve balance, which shall not be greater than	120350
twenty-five per cent of the total amount of the levy estimated to	120351
be available for appropriation in such year.	120352

(2) A board of education may include in its budget for the	120353
fiscal year following the year in which a levy proposed under	120354
section 5705.194, 5705.199, 5705.21, 5705.213, or 5705.219, a	120355
property tax levy proposed under section 5748.09, or the original	120356
levy under section 5705.212 of the Revised Code is first extended	120357
on the tax list and duplicate an estimate of expenditures to be	120358
known as a voluntary contingency reserve balance, which shall not	120359
be greater than twenty per cent of the amount of the levy	120360
estimated to be available for appropriation in such year.	120361

(3) Except as provided in division (E)(4) of this section,	120362
the full amount of any reserve balance the board includes in its	120363
budget shall be retained by the county auditor and county	120364
treasurer out of the first semiannual settlement of taxes until	120365
the beginning of the next succeeding fiscal year, and thereupon,	120366
with the depository interest apportioned thereto, it shall be	120367
turned over to the board of education, to be used for the purposes	120368
of such fiscal year.	120369

(4) A board of education, by a two-thirds vote of all members	120370
of the board, may appropriate any amount withheld as a voluntary	120371
contingency reserve balance during the fiscal year for any lawful	120372
purpose, provided that prior to such appropriation the board of	120373
education has authorized the expenditure of all amounts	120374
appropriated for contingencies under section 5705.40 of the	120375
Revised Code. Upon request by the board of education, the county	120376
auditor shall draw a warrant on the district's account in the	120377
county treasury payable to the district in the amount requested.	120378

(F)(1) A board of education may include a spending reserve in	120379
its budget for fiscal years ending on or before June 30, 2002. The	120380
spending reserve shall consist of an estimate of expenditures not	120381
to exceed the district's spending reserve balance. A district's	120382
spending reserve balance is the amount by which the designated	120383
percentage of the district's estimated personal property taxes to	120384
be settled during the calendar year in which the fiscal year ends	120385
exceeds the estimated amount of personal property taxes to be so	120386
settled and received by the district during that fiscal year.	120387
Moneys from a spending reserve shall be appropriated in accordance	120388
with section 133.301 of the Revised Code.	120389

(2) For the purposes of computing a school district's	120390
spending reserve balance for a fiscal year, the designated	120391
percentage shall be as follows:	120392

Fiscal year ending in:	Designated percentage	120393
1998	50%	120394
1999	40%	120395
2000	30%	120396
2001	20%	120397
2002	10%	120398

(G) Except as otherwise provided in this division, the county	120399
budget commission shall not reduce the taxing authority of a	120400
subdivision as a result of the creation of a reserve balance	120401
account. Except as otherwise provided in this division, the county	120402
budget commission shall not consider the amount in a reserve	120403
balance account of a township, county, or municipal corporation as	120404
an unencumbered balance or as revenue for the purposes of division	120405
(E)(3) or (4) of section 5747.51 of the Revised Code. The county	120406
budget commission may require documentation of the reasonableness	120407
of the reserve balance held in any reserve balance account. The	120408
commission shall consider any amount in a reserve balance account	120409
that it determines to be unreasonable as unencumbered and as	120410
revenue for the purposes of section 5747.51 of the Revised Code	120411
and may take such amounts into consideration when determining	120412
whether to reduce the taxing authority of a subdivision.	120413

Sec. 5705.314. If the board of education of a city, local,	120414
or exempted village school district proposes to change its levy	120415
within the ten-mill limitation in a manner that will result in an	120416
increase in the amount of real property taxes levied by the board	120417
in the tax year the change takes effect, the board shall hold a	120418
public hearing solely on the proposal before adopting a resolution	120419
to implement the proposal. The board shall publish notice of the	120420
hearing in a newspaper of general circulation in the school	120421
district once a week for two consecutive weeks or as provided in	120422
section 7.16 of the Revised Code. The second publication shall be	120423
not less than ten nor more than thirty days before the date of the	120424
hearing~~. The~~, and the notice shall include the date, time, place,	120425
and subject of the hearing, and a statement that the change	120426
proposed by the board may result in an increase in the amount of	120427
real property taxes levied by the board. At the time the board	120428
submits the notice for publication, the board shall send a copy of	120429
the notice to the auditor of the county where the school district	120430
is located or, if the school district is located in more than one	120431
county, to the auditor of each of those counties.	120432

Sec. 5705.392. (A) A board of county commissioners may adopt	120433
as a part of its annual appropriation measure a spending plan, or	120434
in the case of an amended appropriation measure, an amended	120435
spending plan, setting forth a quarterly schedule of expenses and	120436
expenditures of all appropriations for the fiscal year from the	120437
county general fund. The spending plan shall be classified to set	120438
forth separately a quarterly schedule of expenses and expenditures	120439
for each office, department, and division, and within each, the	120440
amount appropriated for personal services. Each office,	120441
department, and division shall be limited in its expenses and	120442
expenditures of moneys appropriated from the general fund during	120443
any quarter by the schedule established in the spending plan. The	120444
schedule established in the spending plan shall serve as a	120445
limitation during a quarter on the making of contracts and giving	120446
of orders involving the expenditure of money during that quarter	120447
for purposes of division (D) of section 5705.41 of the Revised	120448
Code.	120449

(B)(1) A board of county commissioners, by resolution, may	120450
adopt a spending plan or an amended spending plan setting forth	120451
separately a quarterly schedule of expenses and expenditures of	120452
appropriations from any county fund, for the second half of a	120453
fiscal year and any subsequent fiscal year, for any county office,	120454
department, or division that has spent or encumbered more than	120455
six-tenths of the amount appropriated for personal services and	120456
payrolls during the first half of any fiscal year.	120457

(2) During any fiscal year, a board of county commissioners,	120458
by resolution, may adopt a spending plan or an amended spending	120459
plan setting forth separately a quarterly schedule of expenses and	120460
expenditures of appropriations from any county fund, for any	120461
county office, department, or division that, during the previous	120462
fiscal year, spent one hundred ten per cent or more of the total	120463
amount appropriated for personal services and payrolls by the	120464
board in its annual appropriation measure required by section	120465
5705.38 of the Revised Code. The spending plan or amended spending	120466
plan shall remain in effect two fiscal years, or until the county	120467
officer of the office for which the plan was adopted is no longer	120468
in office, including terms of office to which the county officer	120469
is re-elected, whichever is later.	120470

(3) At least thirty days before adopting a resolution under	120471
division (B)(1) or (2) of this section, the board of county	120472
commissioners shall provide written notice to each county office,	120473
department, or division for which it intends to adopt a spending	120474
plan or an amended spending plan. The notice shall be sent by	120475
regular first class mail or provided by personal service, and	120476
shall include a copy of the proposed spending plan or proposed	120477
amended spending plan. The county office, department, or division	120478
may meet with the board at any regular session of the board to	120479
comment on the notice, or to express concerns or ask questions	120480
about the proposed spending plan or proposed amended spending	120481
plan.	120482

Sec. 5705.412. (A) As used in this section, "qualifying	120483
contract" means any agreement for the expenditure of money under	120484
which aggregate payments from the funds included in the school	120485
district's five-year forecast under section 5705.391 of the	120486
Revised Code will exceed the lesser of the following amounts:	120487

(1) Five hundred thousand dollars;

120488

(2) One per cent of the total revenue to be credited in the	120489
current fiscal year to the district's general fund, as specified	120490
in the district's most recent certificate of estimated resources	120491
certified under section 5705.36 of the Revised Code.	120492

(B)(1) Notwithstanding section 5705.41 of the Revised Code,	120493
no school district shall adopt any appropriation measure, make any	120494
qualifying contract, or increase during any school year any wage	120495
or salary schedule unless there is attached thereto a certificate,	120496
signed as required by this section, that the school district has	120497
in effect the authorization to levy taxes including the renewal or	120498
replacement of existing levies which, when combined with the	120499
estimated revenue from all other sources available to the district	120500
at the time of certification, are sufficient to provide the	120501
operating revenues necessary to enable the district to maintain	120502
all personnel and programs for all the days set forth in its	120503
adopted school calendars for the current fiscal year and for a	120504
number of days in succeeding fiscal years equal to the number of	120505
days instruction was held or is scheduled for the current fiscal	120506
year, as follows:	120507

~~(1)~~(a) A certificate attached to an appropriation measure	120508
under this section shall cover only the fiscal year in which the	120509
appropriation measure is effective and shall not consider the	120510
renewal or replacement of an existing levy as the authority to	120511
levy taxes that are subject to appropriation in the current fiscal	120512
year unless the renewal or replacement levy has been approved by	120513
the electors and is subject to appropriation in the current fiscal	120514
year.	120515

~~(2)~~(b) A certificate attached, in accordance with this	120516
section, to any qualifying contract shall cover the term of the	120517
contract.	120518

~~(3)~~(c) A certificate attached under this section to a wage or	120519
salary schedule shall cover the term of the schedule.	120520

If the board of education has not adopted a school calendar	120521
for the school year beginning on the first day of the fiscal year	120522
in which a certificate is required, the certificate attached to an	120523
appropriation measure shall include the number of days on which	120524
instruction was held in the preceding fiscal year and other	120525
certificates required under this section shall include that number	120526
of days for the fiscal year in which the certificate is required	120527
and any succeeding fiscal years that the certificate must cover.	120528

The certificate shall be signed by the treasurer and	120529
president of the board of education and the superintendent of the	120530
school district, unless the district is in a state of fiscal	120531
emergency declared under Chapter 3316. of the Revised Code. In	120532
that case, the certificate shall be signed by a member of the	120533
district's financial planning and supervision commission who is	120534
designated by the commission for this purpose.	120535

(2) In lieu of the certificate required under division (B) of	120536
this section, an alternative certificate stating the following may	120537
be attached:	120538

(a) The contract is a multi-year contract for materials,	120539
equipment, or nonpayroll services essential to the education	120540
program of the district;	120541

(b) The multi-year contract demonstrates savings over the	120542
duration of the contract as compared to costs that otherwise would	120543
have been demonstrated in a single year contract, and the terms	120544
will allow the district to reduce the deficit it is currently	120545
facing in future years as demonstrated in its five-year forecast	120546
adopted in accordance with section 5705.391 of the Revised Code.	120547

The certificate shall be signed by the treasurer and	120548
president of the board of education and the superintendent of the	120549
school district, unless the district is in a state of fiscal	120550
emergency declared under Chapter 3316. of the Revised Code. In	120551
that case, the certificate shall be signed by a member of the	120552
district's financial planning and supervision commission who is	120553
designated by the commission for this purpose.	120554

(C) Every qualifying contract made or wage or salary schedule	120555
adopted or put into effect without such a certificate shall be	120556
void, and no payment of any amount due thereon shall be made.	120557

(D) The department of education and the auditor of state	120558
jointly shall adopt rules governing the methods by which	120559
treasurers, presidents of boards of education, superintendents,	120560
and members of financial planning and supervision commissions	120561
shall estimate revenue and determine whether such revenue is	120562
sufficient to provide necessary operating revenue for the purpose	120563
of making certifications required by this section.	120564

(E) The auditor of state shall be responsible for determining	120565
whether school districts are in compliance with this section. At	120566
the time a school district is audited pursuant to section 117.11	120567
of the Revised Code, the auditor of state shall review each	120568
certificate issued under this section since the district's last	120569
audit, and the appropriation measure, contract, or wage and salary	120570
schedule to which such certificate was attached. If the auditor of	120571
state determines that a school district has not complied with this	120572
section with respect to any qualifying contract or wage or salary	120573
schedule, the auditor of state shall notify the prosecuting	120574
attorney for the county, the city director of law, or other chief	120575
law officer of the school district. That officer may file a civil	120576
action in any court of appropriate jurisdiction to seek a	120577
declaration that the contract or wage or salary schedule is void,	120578
to recover for the school district from the payee the amount of	120579
payments already made under it, or both, except that the officer	120580
shall not seek to recover payments made under any collective	120581
bargaining agreement entered into under Chapter 4117. of the	120582
Revised Code. If the officer does not file such an action within	120583
one hundred twenty days after receiving notice of noncompliance	120584
from the auditor of state, any taxpayer may institute the action	120585
in the taxpayer's own name on behalf of the school district.	120586

(F) This section does not apply to any contract or increase	120587
in any wage or salary schedule that is necessary in order to	120588
enable a board of education to comply with division (B) of section	120589
3317.13 of the Revised Code, provided the contract or increase	120590
does not exceed the amount required to be paid to be in compliance	120591
with such division.	120592

(G) Any officer, employee, or other person who expends or	120593
authorizes the expenditure of any public funds or authorizes or	120594
executes any contract or schedule contrary to this section,	120595
expends or authorizes the expenditure of any public funds on the	120596
void contract or schedule, or issues a certificate under this	120597
section which contains any false statements is liable to the	120598
school district for the full amount paid from the district's funds	120599
on the contract or schedule. The officer, employee, or other	120600
person is jointly and severally liable in person and upon any	120601
official bond that the officer, employee, or other person has	120602
given to the school district to the extent of any payments on the	120603
void claim, not to exceed ten thousand dollars. However, no	120604
officer, employee, or other person shall be liable for a mistaken	120605
estimate of available resources made in good faith and based upon	120606
reasonable grounds. If an officer, employee, or other person is	120607
found to have complied with rules jointly adopted by the	120608
department of education and the auditor of state under this	120609
section governing methods by which revenue shall be estimated and	120610
determined sufficient to provide necessary operating revenue for	120611
the purpose of making certifications required by this section, the	120612
officer, employee, or other person shall not be liable under this	120613
section if the estimates and determinations made according to	120614
those rules do not, in fact, conform with actual revenue. The	120615
prosecuting attorney of the county, the city director of law, or	120616
other chief law officer of the district shall enforce this	120617
liability by civil action brought in any court of appropriate	120618
jurisdiction in the name of and on behalf of the school district.	120619
If the prosecuting attorney, city director of law, or other chief	120620
law officer of the district fails, upon the written request of any	120621
taxpayer, to institute action for the enforcement of the	120622
liability, the attorney general, or the taxpayer in the taxpayer's	120623
own name, may institute the action on behalf of the subdivision.	120624

(H) This section does not require the attachment of an	120625
additional certificate beyond that required by section 5705.41 of	120626
the Revised Code for current payrolls of, or contracts of	120627
employment with, any employees or officers of the school district.	120628

This section does not require the attachment of a certificate	120629
to a temporary appropriation measure if all of the following	120630
apply:	120631

(1) The amount appropriated does not exceed twenty-five per	120632
cent of the total amount from all sources available for	120633
expenditure from any fund during the preceding fiscal year;	120634

(2) The measure will not be in effect on or after the	120635
thirtieth day following the earliest date on which the district	120636
may pass an annual appropriation measure;	120637

(3) An amended official certificate of estimated resources	120638
for the current year, if required, has not been certified to the	120639
board of education under division (B) of section 5705.36 of the	120640
Revised Code.	120641

Sec. 5705.55. (A) The board of directors of a lake	120642
facilities authority, by a vote of two-thirds of all its members,	120643
may at any time declare by resolution that the amount of taxes	120644
which may be raised within the ten-mill limitation by levies on	120645
the current tax duplicate will be insufficient to provide an	120646
adequate amount for the necessary requirements of the authority,	120647
that it is necessary to levy a tax in excess of such limitation	120648
for any of the purposes specified in divisions (A), (B), (F), and	120649
(H) of section 5705.19 of the Revised Code, and that the question	120650
of such additional tax levy shall be submitted by the board to the	120651
electors residing within the boundaries of the impacted lake	120652
district on the day of a primary or general election. The	120653
resolution shall conform to section 5705.19 of the Revised Code,	120654
except that the tax levy may be in effect for no more than five	120655
years, as set forth in the resolution, unless the levy is for the	120656
payment of debt charges, and the total number of mills levied for	120657
each dollar of taxable valuation that may be levied under this	120658
section for any tax year shall not exceed one mill. If the levy is	120659
for the payment of debt charges, the levy shall be for the life of	120660
the bond indebtedness.	120661

The resolution shall specify the date of holding the	120662
election, which shall not be earlier than ninety days after the	120663
adoption and certification of the resolution to the board of	120664
elections. The resolution shall not include a levy on the current	120665
tax list and duplicate unless the election is to be held at or	120666
prior to the first Tuesday after the first Monday in November of	120667
the current tax year.	120668

The resolution shall be certified to the board of elections	120669
of the proper county or counties not less than ninety days before	120670
the date of the election. The resolution shall go into immediate	120671
effect upon its passage, and no publication of the resolution	120672
shall be necessary other than that provided in the notice of	120673
election. Section 5705.25 of the Revised Code shall govern the	120674
arrangements for the submission of such question and other matters	120675
concerning the election, to which that section refers, except that	120676
the election shall be held on the date specified in the	120677
resolution. If a majority of the electors voting on the question	120678
so submitted in an election vote in favor of the levy, the board	120679
of directors may forthwith make the necessary levy within the	120680
boundaries of the impacted lake district at the additional rate in	120681
excess of the ten-mill limitation on the tax list, for the purpose	120682
stated in the resolution. The tax levy shall be included in the	120683
next annual tax budget that is certified to the county budget	120684
commission.	120685

(B) The form of the ballot in an election held on the	120686
question of levying a tax proposed pursuant to this section shall	120687
be as follows or in any other form acceptable to the secretary of	120688
state:	120689

"A tax for the benefit of (name of lake facilities authority)	120690
.......... for the purpose of .......... at a rate not exceeding	120691
......... mills for each one dollar of valuation, which amounts to	120692
(rate expressed in dollars and cents) ............ for each one	120693
hundred dollars of valuation, for ............ (life of	120694
indebtedness or number of years the levy is to run).	120695

120696

		For the Tax Levy			120697
		Against the Tax Levy	"		120698

120699

(C) On approval of the levy, notes may be issued in	120700
anticipation of the collection of the proceeds of the tax levy,	120701
other than the proceeds to be received for the payment of bond	120702
debt charges, in the amount and manner and at the times as are	120703
provided in section 5705.193 of the Revised Code, for the issuance	120704
of notes by a county in anticipation of the proceeds of a tax	120705
levy. The lake facilities authority may borrow money in	120706
anticipation of the collection of current revenues as provided in	120707
section 133.10 of the Revised Code.	120708

(D) If a tax is levied under this section in a tax year, no	120709
other taxing authority of a subdivision or taxing unit, including	120710
a port authority, may levy a tax on property in the impacted lake	120711
district in the same tax year if the purpose of the levy is	120712
substantially the same as the purpose for which the lake	120713
facilities authority of the impacted lake district was created.	120714

Sec. 5705.71. (A) The electors of a county may initiate the	120715
question of a tax levy for support of senior citizens services or	120716
facilities by the filing of a petition with the board of elections	120717
of that county not less than ninety days before the date of any	120718
primary or general election requesting that an election be held on	120719
such question. The petition shall be signed by at least ten per	120720
cent of the qualified electors residing in the county and voting	120721
for the office of governor at the last general election.	120722

(B) The petition shall state the purpose for which the senior	120723
citizens tax levy is being proposed, shall specify the amount of	120724
the proposed increase in rate, the period of time during which the	120725
increase is to be in effect, and whether the levy is to be imposed	120726
in the current year. The number of years may be any number not	120727
exceeding five, except that when the additional rate is for the	120728
payment of debt charges the increased rate shall be for the life	120729
of the indebtedness.	120730

(C) After determination by it that such petition is valid,	120731
the board of elections shall submit the question to the electors	120732
of the county at the succeeding primary or general election.	120733

(D) The election shall be conducted, canvassed, and certified	120734
in the same manner as regular elections in such county for county	120735
offices. Notice of the election shall be published in a newspaper	120736
of general circulation in the county once a week for two	120737
consecutive weeks, or as provided in section 7.16 of the Revised	120738
Code, prior to the election~~, and, if~~. If the board of elections	120739
operates and maintains a web site, the board of elections shall	120740
post notice of the election on its web site for thirty days prior	120741
to the election. The notice shall state the purpose, the amount of	120742
the proposed increase in rate, and the time and place of the	120743
election.	120744

(E) The form of the ballot cast at such election shall be	120745
prescribed by the secretary of state. If the tax is to be placed	120746
on the tax list of the current tax year, the form of the ballot	120747
shall include a statement to that effect and shall indicate the	120748
first calendar year the tax will be due. The question covered by	120749
such petition shall be submitted as a separate proposition but it	120750
may be printed on the same ballot with any other propositions	120751
submitted at the same election other than the election of	120752
officers.	120753

(F) If a majority of electors voting on the question vote in	120754
favor of the levy, the board of county commissioners shall levy a	120755
tax, for the period and the purpose stated within the petition. If	120756
the tax is to be placed upon the tax list of the current year, as	120757
specified in the petition, the result of the election shall be	120758
certified immediately after the canvass by the board of elections	120759
to the board of county commissioners, which shall forthwith make	120760
the necessary levy and certify it to the county auditor, who shall	120761
extend it on the tax list for collection. After the first year,	120762
the tax levy shall be included in the annual tax budget that is	120763
certified to the county budget commission.	120764

Sec. 5707.031. As used in this section, "qualifying dealer	120765
in intangibles" ~~has the same meaning as "qualifying dealer" in~~	120766
~~section 5725.24 of the Revised Code~~means a dealer in intangibles	120767
that is a qualifying dealer in intangibles as defined in section	120768
5733.45 of the Revised Code or a member of a qualifying controlled	120769
group, as defined in section 5733.04 of the Revised Code, of which	120770
an insurance company also is a member on the first day of January	120771
of the year in and for which the tax imposed by section 5707.03 of	120772
the Revised Code is required to be paid by the dealer.	120773

Upon the issuance of a tax credit certificate by the Ohio	120774
venture capital authority under section 150.07 of the Revised	120775
Code, a refundable credit may be claimed against the tax imposed	120776
on a qualifying dealer in intangibles under section 5707.03 and	120777
Chapter 5725. of the Revised Code. The credit shall be claimed on	120778
a return due under section 5725.14 of the Revised Code after the	120779
certificate is issued by the authority.	120780

Sec. 5709.07. (A) The following property shall be exempt	120781
from taxation:	120782

(1) ~~Public schoolhouses, the books and furniture in them, and~~	120783
~~the ground attached to them necessary for the proper occupancy,~~	120784
~~use, and enjoyment of the schoolhouses, and not leased or~~	120785
~~otherwise used with a view to profit;~~Real property used by a	120786
school for primary or secondary educational purposes, including	120787
only so much of the land as is necessary for the proper occupancy,	120788
use, and enjoyment of such real property by the school for primary	120789
or secondary educational purposes. The exemption under division	120790
(A)(1) of this section does not apply to any portion of the real	120791
property not used for primary or secondary educational purposes.	120792

For purposes of division (A)(1) of this section:

120793

(a) "School" means a public or nonpublic school. "School"	120794
excludes home instruction as authorized under section 3321.04 of	120795
the Revised Code.	120796

(b) "Public school" includes schools of a school district,	120797
STEM schools established under Chapter 3326. of the Revised Code,	120798
community schools established under Chapter 3314. of the Revised	120799
Code, and educational service centers established under section	120800
3311.05 of the Revised Code.	120801

(c) "Nonpublic school" means a nonpublic school for which the	120802
state board of education has issued a charter pursuant to section	120803
3301.16 of the Revised Code and prescribes minimum standards under	120804
division (D)(2) of section 3301.07 of the Revised Code.	120805

(2) Houses used exclusively for public worship, the books and	120806
furniture in them, and the ground attached to them that is not	120807
leased or otherwise used with a view to profit and that is	120808
necessary for their proper occupancy, use, and enjoyment;	120809

(3) Real property owned and operated by a church that is used	120810
primarily for church retreats or church camping, and that is not	120811
used as a permanent residence. Real property exempted under	120812
division (A)(3) of this section may be made available by the	120813
church on a limited basis to charitable and educational	120814
institutions if the property is not leased or otherwise made	120815
available with a view to profit.	120816

(4) Public colleges and academies and all buildings connected	120817
with them, and all lands connected with public institutions of	120818
learning, not used with a view to profit, including those	120819
buildings and lands that satisfy all of the following:	120820

(a) The buildings are used for housing for full-time students	120821
or housing-related facilities for students, faculty, or employees	120822
of a state university, or for other purposes related to the state	120823
university's educational purpose, and the lands are underneath the	120824
buildings or are used for common space, walkways, and green spaces	120825
for the state university's students, faculty, or employees. As	120826
used in this division, "housing-related facilities" includes both	120827
parking facilities related to the buildings and common buildings	120828
made available to students, faculty, or employees of a state	120829
university. The leasing of space in housing-related facilities	120830
shall not be considered an activity with a view to profit for	120831
purposes of division (A)(4) of this section.	120832

(b) The buildings and lands are supervised or otherwise under	120833
the control, directly or indirectly, of an organization that is	120834
exempt from federal income taxation under section 501(c)(3) of the	120835
Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as	120836
amended, and the state university has entered into a qualifying	120837
joint use agreement with the organization that entitles the	120838
students, faculty, or employees of the state university to use the	120839
lands or buildings;	120840

(c) The state university has agreed, under the terms of the	120841
qualifying joint use agreement with the organization described in	120842
division (A)(4)(b) of this section, that the state university, to	120843
the extent applicable under the agreement, will make payments to	120844
the organization in amounts sufficient to maintain agreed-upon	120845
debt service coverage ratios on bonds related to the lands or	120846
buildings.	120847

(B) This section shall not extend to leasehold estates or	120848
real property held under the authority of a college or university	120849
of learning in this state; but leaseholds, or other estates or	120850
property, real or personal, the rents, issues, profits, and income	120851
of which is given to a municipal corporation, school district, or	120852
subdistrict in this state exclusively for the use, endowment, or	120853
support of schools for the free education of youth without charge	120854
shall be exempt from taxation as long as such property, or the	120855
rents, issues, profits, or income of the property is used and	120856
exclusively applied for the support of free education by such	120857
municipal corporation, district, or subdistrict. Division (B) of	120858
this section shall not apply with respect to buildings and lands	120859
that satisfy all of the requirements specified in divisions	120860
(A)(4)(a) to (c) of this section.	120861

(C) For purposes of this section, if the requirements	120862
specified in divisions (A)(4)(a) to (c) of this section are	120863
satisfied, the buildings and lands with respect to which exemption	120864
is claimed under division (A)(4) of this section shall be deemed	120865
to be used with reasonable certainty in furthering or carrying out	120866
the necessary objects and purposes of a state university.	120867

(D) As used in this section:

120868

(1) "Church" means a fellowship of believers, congregation,	120869
society, corporation, convention, or association that is formed	120870
primarily or exclusively for religious purposes and that is not	120871
formed for the private profit of any person.	120872

(2) "State university" has the same meaning as in section	120873
3345.011 of the Revised Code.	120874

(3) "Qualifying joint use agreement" means an agreement that	120875
satisfies all of the following:	120876

(a) The agreement was entered into before June 30, 2004;

120877

(b) The agreement is between a state university and an	120878
organization that is exempt from federal income taxation under	120879
section 501(c)(3) of the Internal Revenue Code of 1986, 100 Stat.	120880
2085, 26 U.S.C. 1, as amended; and	120881

(c) The state university that is a party to the agreement	120882
reported to the Ohio board of regents that the university	120883
maintained a headcount of at least twenty-five thousand students	120884
on its main campus during the academic school year that began in	120885
calendar year 2003 and ended in calendar year 2004.	120886

Sec. 5709.40. (A) As used in this section:

120887

(1) "Blighted area" and "impacted city" have the same	120888
meanings as in section 1728.01 of the Revised Code.	120889

(2) "Business day" means a day of the week excluding	120890
Saturday, Sunday, and a legal holiday as defined under section	120891
1.14 of the Revised Code.	120892

(3) "Housing renovation" means a project carried out for	120893
residential purposes.	120894

(4) "Improvement" means the increase in the assessed value of	120895
any real property that would first appear on the tax list and	120896
duplicate of real and public utility property after the effective	120897
date of an ordinance adopted under this section were it not for	120898
the exemption granted by that ordinance.	120899

(5) "Incentive district" means an area not more than three	120900
hundred acres in size enclosed by a continuous boundary in which a	120901
project is being, or will be, undertaken and having one or more of	120902
the following distress characteristics:	120903

(a) At least fifty-one per cent of the residents of the	120904
district have incomes of less than eighty per cent of the median	120905
income of residents of the political subdivision in which the	120906
district is located, as determined in the same manner specified	120907
under section 119(b) of the "Housing and Community Development Act	120908
of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended;	120909

(b) The average rate of unemployment in the district during	120910
the most recent twelve-month period for which data are available	120911
is equal to at least one hundred fifty per cent of the average	120912
rate of unemployment for this state for the same period.	120913

(c) At least twenty per cent of the people residing in the	120914
district live at or below the poverty level as defined in the	120915
federal Housing and Community Development Act of 1974, 42 U.S.C.	120916
5301, as amended, and regulations adopted pursuant to that act.	120917

(d) The district is a blighted area.

120918

(e) The district is in a situational distress area as	120919
designated by the director of development under division (F) of	120920
section 122.23 of the Revised Code.	120921

(f) As certified by the engineer for the political	120922
subdivision, the public infrastructure serving the district is	120923
inadequate to meet the development needs of the district as	120924
evidenced by a written economic development plan or urban renewal	120925
plan for the district that has been adopted by the legislative	120926
authority of the subdivision.	120927

(g) The district is comprised entirely of unimproved land	120928
that is located in a distressed area as defined in section 122.23	120929
of the Revised Code.	120930

(6) "Project" means development activities undertaken on one	120931
or more parcels, including, but not limited to, construction,	120932
expansion, and alteration of buildings or structures, demolition,	120933
remediation, and site development, and any building or structure	120934
that results from those activities.	120935

(7) "Public infrastructure improvement" includes, but is not	120936
limited to, public roads and highways; water and sewer lines;	120937
environmental remediation; land acquisition, including acquisition	120938
in aid of industry, commerce, distribution, or research;	120939
demolition, including demolition on private property when	120940
determined to be necessary for economic development purposes;	120941
stormwater and flood remediation projects, including such projects	120942
on private property when determined to be necessary for public	120943
health, safety, and welfare; the provision of gas, electric, and	120944
communications service facilities; and the enhancement of public	120945
waterways through improvements that allow for greater public	120946
access.	120947

(B) The legislative authority of a municipal corporation, by	120948
ordinance, may declare improvements to certain parcels of real	120949
property located in the municipal corporation to be a public	120950
purpose. Improvements with respect to a parcel that is used or to	120951
be used for residential purposes may be declared a public purpose	120952
under this division only if the parcel is located in a blighted	120953
area of an impacted city. Except with the approval under division	120954
(D) of this section of the board of education of each city, local,	120955
or exempted village, and joint vocational school district within	120956
which the improvements are located, not more than seventy-five per	120957
cent of an improvement thus declared to be a public purpose may be	120958
exempted from real property taxation for a period of not more than	120959
ten years. The ordinance shall specify the percentage of the	120960
improvement to be exempted from taxation and the life of the	120961
exemption.	120962

An ordinance adopted or amended under this division shall	120963
designate the specific public infrastructure improvements made, to	120964
be made, or in the process of being made by the municipal	120965
corporation that directly benefit, or that once made will directly	120966
benefit, the parcels for which improvements are declared to be a	120967
public purpose. The service payments provided for in section	120968
5709.42 of the Revised Code shall be used to finance the public	120969
infrastructure improvements designated in the ordinance, for the	120970
purpose described in division (D)(1) of this section or as	120971
provided in section 5709.43 of the Revised Code.	120972

(C)(1) The legislative authority of a municipal corporation	120973
may adopt an ordinance creating an incentive district and	120974
declaring improvements to parcels within the district to be a	120975
public purpose and, except as provided in division (F) of this	120976
section, exempt from taxation as provided in this section, but no	120977
legislative authority of a municipal corporation that has a	120978
population that exceeds twenty-five thousand, as shown by the most	120979
recent federal decennial census, shall adopt an ordinance that	120980
creates an incentive district if the sum of the taxable value of	120981
real property in the proposed district for the preceding tax year	120982
and the taxable value of all real property in the municipal	120983
corporation that would have been taxable in the preceding year	120984
were it not for the fact that the property was in an existing	120985
incentive district and therefore exempt from taxation exceeds	120986
twenty-five per cent of the taxable value of real property in the	120987
municipal corporation for the preceding tax year. The ordinance	120988
shall delineate the boundary of the district and specifically	120989
identify each parcel within the district. A district may not	120990
include any parcel that is or has been exempted from taxation	120991
under division (B) of this section or that is or has been within	120992
another district created under this division. An ordinance may	120993
create more than one such district, and more than one ordinance	120994
may be adopted under division (C)(1) of this section.	120995

(2) Not later than thirty days prior to adopting an ordinance	120996
under division (C)(1) of this section, if the municipal	120997
corporation intends to apply for exemptions from taxation under	120998
section 5709.911 of the Revised Code on behalf of owners of real	120999
property located within the proposed incentive district, the	121000
legislative authority of a municipal corporation shall conduct a	121001
public hearing on the proposed ordinance. Not later than thirty	121002
days prior to the public hearing, the legislative authority shall	121003
give notice of the public hearing and the proposed ordinance by	121004
first class mail to every real property owner whose property is	121005
located within the boundaries of the proposed incentive district	121006
that is the subject of the proposed ordinance.	121007

(3)(a) An ordinance adopted under division (C)(1) of this	121008
section shall specify the life of the incentive district and the	121009
percentage of the improvements to be exempted, shall designate the	121010
public infrastructure improvements made, to be made, or in the	121011
process of being made, that benefit or serve, or, once made, will	121012
benefit or serve parcels in the district. The ordinance also shall	121013
identify one or more specific projects being, or to be, undertaken	121014
in the district that place additional demand on the public	121015
infrastructure improvements designated in the ordinance. The	121016
project identified may, but need not be, the project under	121017
division (C)(3)(b) of this section that places real property in	121018
use for commercial or industrial purposes. Except as otherwise	121019
permitted under that division, the service payments provided for	121020
in section 5709.42 of the Revised Code shall be used to finance	121021
the designated public infrastructure improvements, for the purpose	121022
described in division (D)(1) or (E) of this section, or as	121023
provided in section 5709.43 of the Revised Code.	121024

An ordinance adopted under division (C)(1) of this section on	121025
or after ~~the effective date of this amendment~~March 30, 2006,	121026
shall not designate police or fire equipment as public	121027
infrastructure improvements, and no service payment provided for	121028
in section 5709.42 of the Revised Code and received by the	121029
municipal corporation under the ordinance shall be used for police	121030
or fire equipment.	121031

(b) An ordinance adopted under division (C)(1) of this	121032
section may authorize the use of service payments provided for in	121033
section 5709.42 of the Revised Code for the purpose of housing	121034
renovations within the incentive district, provided that the	121035
ordinance also designates public infrastructure improvements that	121036
benefit or serve the district, and that a project within the	121037
district places real property in use for commercial or industrial	121038
purposes. Service payments may be used to finance or support	121039
loans, deferred loans, and grants to persons for the purpose of	121040
housing renovations within the district. The ordinance shall	121041
designate the parcels within the district that are eligible for	121042
housing renovation. The ordinance shall state separately the	121043
amounts or the percentages of the expected aggregate service	121044
payments that are designated for each public infrastructure	121045
improvement and for the general purpose of housing renovations.	121046

(4) Except with the approval of the board of education of	121047
each city, local, or exempted village, and joint vocational school	121048
district within the territory of which the incentive district is	121049
or will be located, and subject to division (E) of this section,	121050
the life of an incentive district shall not exceed ten years, and	121051
the percentage of improvements to be exempted shall not exceed	121052
seventy-five per cent. With approval of the board of education,	121053
the life of a district may be not more than thirty years, and the	121054
percentage of improvements to be exempted may be not more than one	121055
hundred per cent. The approval of a board of education shall be	121056
obtained in the manner provided in division (D) of this section.	121057

(D)(1) If the ordinance declaring improvements to a parcel to	121058
be a public purpose or creating an incentive district specifies	121059
that payments in lieu of taxes provided for in section 5709.42 of	121060
the Revised Code shall be paid to the city, local, or exempted	121061
village, or joint vocational school district in which the parcel	121062
or incentive district is located in the amount of the taxes that	121063
would have been payable to the school district if the improvements	121064
had not been exempted from taxation, the percentage of the	121065
improvement that may be exempted from taxation may exceed	121066
seventy-five per cent, and the exemption may be granted for up to	121067
thirty years, without the approval of the board of education as	121068
otherwise required under division (D)(2) of this section.	121069

(2) Improvements with respect to a parcel may be exempted	121070
from taxation under division (B) of this section, and improvements	121071
to parcels within an incentive district may be exempted from	121072
taxation under division (C) of this section, for up to ten years	121073
or, with the approval under this paragraph of the board of	121074
education of the city, local, or exempted village, and joint	121075
vocational school district within which the parcel or district is	121076
located, for up to thirty years. The percentage of the improvement	121077
exempted from taxation may, with such approval, exceed	121078
seventy-five per cent, but shall not exceed one hundred per cent.	121079
Not later than forty-five business days prior to adopting an	121080
ordinance under this section declaring improvements to be a public	121081
purpose that is subject to approval by a board of education under	121082
this division, the legislative authority shall deliver to the	121083
board of education a notice stating its intent to adopt an	121084
ordinance making that declaration. The notice regarding	121085
improvements with respect to a parcel under division (B) of this	121086
section shall identify the parcels for which improvements are to	121087
be exempted from taxation, provide an estimate of the true value	121088
in money of the improvements, specify the period for which the	121089
improvements would be exempted from taxation and the percentage of	121090
the improvement that would be exempted, and indicate the date on	121091
which the legislative authority intends to adopt the ordinance.	121092
The notice regarding improvements to parcels within an incentive	121093
district under division (C) of this section shall delineate the	121094
boundaries of the district, specifically identify each parcel	121095
within the district, identify each anticipated improvement in the	121096
district, provide an estimate of the true value in money of each	121097
such improvement, specify the life of the district and the	121098
percentage of improvements that would be exempted, and indicate	121099
the date on which the legislative authority intends to adopt the	121100
ordinance. The board of education, by resolution adopted by a	121101
majority of the board, may approve the exemption for the period or	121102
for the exemption percentage specified in the notice; may	121103
disapprove the exemption for the number of years in excess of ten,	121104
may disapprove the exemption for the percentage of the improvement	121105
to be exempted in excess of seventy-five per cent, or both; or may	121106
approve the exemption on the condition that the legislative	121107
authority and the board negotiate an agreement providing for	121108
compensation to the school district equal in value to a percentage	121109
of the amount of taxes exempted in the eleventh and subsequent	121110
years of the exemption period or, in the case of exemption	121111
percentages in excess of seventy-five per cent, compensation equal	121112
in value to a percentage of the taxes that would be payable on the	121113
portion of the improvement in excess of seventy-five per cent were	121114
that portion to be subject to taxation, or other mutually	121115
agreeable compensation.	121116

(3) The board of education shall certify its resolution to	121117
the legislative authority not later than fourteen days prior to	121118
the date the legislative authority intends to adopt the ordinance	121119
as indicated in the notice. If the board of education and the	121120
legislative authority negotiate a mutually acceptable compensation	121121
agreement, the ordinance may declare the improvements a public	121122
purpose for the number of years specified in the ordinance or, in	121123
the case of exemption percentages in excess of seventy-five per	121124
cent, for the exemption percentage specified in the ordinance. In	121125
either case, if the board and the legislative authority fail to	121126
negotiate a mutually acceptable compensation agreement, the	121127
ordinance may declare the improvements a public purpose for not	121128
more than ten years, and shall not exempt more than seventy-five	121129
per cent of the improvements from taxation. If the board fails to	121130
certify a resolution to the legislative authority within the time	121131
prescribed by this division, the legislative authority thereupon	121132
may adopt the ordinance and may declare the improvements a public	121133
purpose for up to thirty years, or, in the case of exemption	121134
percentages proposed in excess of seventy-five per cent, for the	121135
exemption percentage specified in the ordinance. The legislative	121136
authority may adopt the ordinance at any time after the board of	121137
education certifies its resolution approving the exemption to the	121138
legislative authority, or, if the board approves the exemption on	121139
the condition that a mutually acceptable compensation agreement be	121140
negotiated, at any time after the compensation agreement is agreed	121141
to by the board and the legislative authority.	121142

(4) If a board of education has adopted a resolution waiving	121143
its right to approve exemptions from taxation under this section	121144
and the resolution remains in effect, approval of exemptions by	121145
the board is not required under division (D) of this section. If a	121146
board of education has adopted a resolution allowing a legislative	121147
authority to deliver the notice required under division (D) of	121148
this section fewer than forty-five business days prior to the	121149
legislative authority's adoption of the ordinance, the legislative	121150
authority shall deliver the notice to the board not later than the	121151
number of days prior to such adoption as prescribed by the board	121152
in its resolution. If a board of education adopts a resolution	121153
waiving its right to approve agreements or shortening the	121154
notification period, the board shall certify a copy of the	121155
resolution to the legislative authority. If the board of education	121156
rescinds such a resolution, it shall certify notice of the	121157
rescission to the legislative authority.	121158

(5) If the legislative authority is not required by division	121159
(D) of this section to notify the board of education of the	121160
legislative authority's intent to declare improvements to be a	121161
public purpose, the legislative authority shall comply with the	121162
notice requirements imposed under section 5709.83 of the Revised	121163
Code, unless the board has adopted a resolution under that section	121164
waiving its right to receive such a notice.	121165

(E)(1) If a proposed ordinance under division (C)(1) of this	121166
section exempts improvements with respect to a parcel within an	121167
incentive district for more than ten years, or the percentage of	121168
the improvement exempted from taxation exceeds seventy-five per	121169
cent, not later than forty-five business days prior to adopting	121170
the ordinance the legislative authority of the municipal	121171
corporation shall deliver to the board of county commissioners of	121172
the county within which the incentive district will be located a	121173
notice that states its intent to adopt an ordinance creating an	121174
incentive district. The notice shall include a copy of the	121175
proposed ordinance, identify the parcels for which improvements	121176
are to be exempted from taxation, provide an estimate of the true	121177
value in money of the improvements, specify the period of time for	121178
which the improvements would be exempted from taxation, specify	121179
the percentage of the improvements that would be exempted from	121180
taxation, and indicate the date on which the legislative authority	121181
intends to adopt the ordinance.	121182

(2) The board of county commissioners, by resolution adopted	121183
by a majority of the board, may object to the exemption for the	121184
number of years in excess of ten, may object to the exemption for	121185
the percentage of the improvement to be exempted in excess of	121186
seventy-five per cent, or both. If the board of county	121187
commissioners objects, the board may negotiate a mutually	121188
acceptable compensation agreement with the legislative authority.	121189
In no case shall the compensation provided to the board exceed the	121190
property taxes ~~foregone~~forgone due to the exemption. If the board	121191
of county commissioners objects, and the board and legislative	121192
authority fail to negotiate a mutually acceptable compensation	121193
agreement, the ordinance adopted under division (C)(1) of this	121194
section shall provide to the board compensation in the eleventh	121195
and subsequent years of the exemption period equal in value to not	121196
more than fifty per cent of the taxes that would be payable to the	121197
county or, if the board's objection includes an objection to an	121198
exemption percentage in excess of seventy-five per cent,	121199
compensation equal in value to not more than fifty per cent of the	121200
taxes that would be payable to the county, on the portion of the	121201
improvement in excess of seventy-five per cent, were that portion	121202
to be subject to taxation. The board of county commissioners shall	121203
certify its resolution to the legislative authority not later than	121204
thirty days after receipt of the notice.	121205

(3) If the board of county commissioners does not object or	121206
fails to certify its resolution objecting to an exemption within	121207
thirty days after receipt of the notice, the legislative authority	121208
may adopt the ordinance, and no compensation shall be provided to	121209
the board of county commissioners. If the board timely certifies	121210
its resolution objecting to the ordinance, the legislative	121211
authority may adopt the ordinance at any time after a mutually	121212
acceptable compensation agreement is agreed to by the board and	121213
the legislative authority, or, if no compensation agreement is	121214
negotiated, at any time after the legislative authority agrees in	121215
the proposed ordinance to provide compensation to the board of	121216
fifty per cent of the taxes that would be payable to the county in	121217
the eleventh and subsequent years of the exemption period or on	121218
the portion of the improvement in excess of seventy-five per cent,	121219
were that portion to be subject to taxation.	121220

(F) Service payments in lieu of taxes that are attributable	121221
to any amount by which the effective tax rate of either a renewal	121222
levy with an increase or a replacement levy exceeds the effective	121223
tax rate of the levy renewed or replaced, or that are attributable	121224
to an additional levy, for a levy authorized by the voters for any	121225
of the following purposes on or after January 1, 2006, and which	121226
are provided pursuant to an ordinance creating an incentive	121227
district under division (C)(1) of this section that is adopted on	121228
or after January 1, 2006, shall be distributed to the appropriate	121229
taxing authority as required under division (C) of section 5709.42	121230
of the Revised Code in an amount equal to the amount of taxes from	121231
that additional levy or from the increase in the effective tax	121232
rate of such renewal or replacement levy that would have been	121233
payable to that taxing authority from the following levies were it	121234
not for the exemption authorized under division (C) of this	121235
section:	121236

(1) A tax levied under division (L) of section 5705.19 or	121237
section 5705.191 of the Revised Code for community mental	121238
retardation and developmental disabilities programs and services	121239
pursuant to Chapter 5126. of the Revised Code;	121240

(2) A tax levied under division (Y) of section 5705.19 of the	121241
Revised Code for providing or maintaining senior citizens services	121242
or facilities;	121243

(3) A tax levied under section 5705.22 of the Revised Code	121244
for county hospitals;	121245

(4) A tax levied by a joint-county district or by a county	121246
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	121247
for alcohol, drug addiction, and mental health services or	121248
facilities;	121249

(5) A tax levied under section 5705.23 of the Revised Code	121250
for library purposes;	121251

(6) A tax levied under section 5705.24 of the Revised Code	121252
for the support of children services and the placement and care of	121253
children;	121254

(7) A tax levied under division (Z) of section 5705.19 of the	121255
Revised Code for the provision and maintenance of zoological park	121256
services and facilities under section 307.76 of the Revised Code;	121257

(8) A tax levied under section 511.27 or division (H) of	121258
section 5705.19 of the Revised Code for the support of township	121259
park districts;	121260

(9) A tax levied under division (A), (F), or (H) of section	121261
5705.19 of the Revised Code for parks and recreational purposes of	121262
a joint recreation district organized pursuant to division (B) of	121263
section 755.14 of the Revised Code;	121264

(10) A tax levied under section 1545.20 or 1545.21 of the	121265
Revised Code for park district purposes;	121266

(11) A tax levied under section 5705.191 of the Revised Code	121267
for the purpose of making appropriations for public assistance;	121268
human or social services; public relief; public welfare; public	121269
health and hospitalization; and support of general hospitals;	121270

(12) A tax levied under section 3709.29 of the Revised Code	121271
for a general health district program.	121272

(G) An exemption from taxation granted under this section	121273
commences with the tax year specified in the ordinance so long as	121274
the year specified in the ordinance commences after the effective	121275
date of the ordinance. If the ordinance specifies a year	121276
commencing before the effective date of the resolution or	121277
specifies no year whatsoever, the exemption commences with the tax	121278
year in which an exempted improvement first appears on the tax	121279
list and duplicate of real and public utility property and that	121280
commences after the effective date of the ordinance. Except as	121281
otherwise provided in this division, the exemption ends on the	121282
date specified in the ordinance as the date the improvement ceases	121283
to be a public purpose or the incentive district expires, or ends	121284
on the date on which the public infrastructure improvements and	121285
housing renovations are paid in full from the municipal public	121286
improvement tax increment equivalent fund established under	121287
division (A) of section 5709.43 of the Revised Code, whichever	121288
occurs first. The exemption of an improvement with respect to a	121289
parcel or within an incentive district may end on a later date, as	121290
specified in the ordinance, if the legislative authority and the	121291
board of education of the city, local, or exempted village, or	121292
joint vocational school district within which the parcel or	121293
district is located have entered into a compensation agreement	121294
under section 5709.82 of the Revised Code with respect to the	121295
improvement, and the board of education has approved the term of	121296
the exemption under division (D)(2) of this section, but in no	121297
case shall the improvement be exempted from taxation for more than	121298
thirty years. Exemptions shall be claimed and allowed in the same	121299
manner as in the case of other real property exemptions. If an	121300
exemption status changes during a year, the procedure for the	121301
apportionment of the taxes for that year is the same as in the	121302
case of other changes in tax exemption status during the year.	121303

(H) Additional municipal financing of public infrastructure	121304
improvements and housing renovations may be provided by any	121305
methods that the municipal corporation may otherwise use for	121306
financing such improvements or renovations. If the municipal	121307
corporation issues bonds or notes to finance the public	121308
infrastructure improvements and housing renovations and pledges	121309
money from the municipal public improvement tax increment	121310
equivalent fund to pay the interest on and principal of the bonds	121311
or notes, the bonds or notes are not subject to Chapter 133. of	121312
the Revised Code.	121313

(I) The municipal corporation, not later than fifteen days	121314
after the adoption of an ordinance under this section, shall	121315
submit to the director of development a copy of the ordinance. On	121316
or before the thirty-first day of March of each year, the	121317
municipal corporation shall submit a status report to the director	121318
of development. The report shall indicate, in the manner	121319
prescribed by the director, the progress of the project during	121320
each year that an exemption remains in effect, including a summary	121321
of the receipts from service payments in lieu of taxes;	121322
expenditures of money from the funds created under section 5709.43	121323
of the Revised Code; a description of the public infrastructure	121324
improvements and housing renovations financed with such	121325
expenditures; and a quantitative summary of changes in employment	121326
and private investment resulting from each project.	121327

(J) Nothing in this section shall be construed to prohibit a	121328
legislative authority from declaring to be a public purpose	121329
improvements with respect to more than one parcel.	121330

Sec. 5709.41. (A) As used in this section:

121331

(1) "Business day" means a day of the week excluding	121332
Saturday, Sunday, and a legal holiday as defined under section	121333
1.14 of the Revised Code.	121334

(2) "Improvement" means the increase in assessed value of any	121335
parcel of property subsequent to the acquisition of the parcel by	121336
a municipal corporation engaged in urban redevelopment.	121337

(B) The legislative authority of a municipal corporation, by	121338
ordinance, may declare to be a public purpose any improvement to a	121339
parcel of real property if both of the following apply:	121340

(1) The municipal corporation held fee title to the parcel	121341
prior to the adoption of the ordinance;	121342

(2) The parcel is leased, or the fee of the parcel is	121343
conveyed, to any person either before or after adoption of the	121344
ordinance.	121345

Improvements used or to be used for residential purposes may	121346
be declared a public purpose under this section only if the parcel	121347
is located in a blighted area of an impacted city as those terms	121348
are defined in section 1728.01 of the Revised Code.	121349

(C) Except as otherwise provided in division (C)(1), (2), or	121350
(3) of this section, not more than seventy-five per cent of an	121351
improvement thus declared to be a public purpose may be exempted	121352
from real property taxation. The ordinance shall specify the	121353
percentage of the improvement to be exempted from taxation.	121354

(1) If the ordinance declaring improvements to a parcel to be	121355
a public purpose specifies that payments in lieu of taxes provided	121356
for in section 5709.42 of the Revised Code shall be paid to the	121357
city, local, or exempted village, and joint vocational school	121358
district in which the parcel is located in the amount of the taxes	121359
that would have been payable to the school district if the	121360
improvements had not been exempted from taxation, the percentage	121361
of the improvement that may be exempted from taxation may exceed	121362
seventy-five per cent, and the exemption may be granted for up to	121363
thirty years, without the approval of the board of education as	121364
otherwise required under division (C)(2) of this section.	121365

(2) Improvements may be exempted from taxation for up to ten	121366
years or, with the approval of the board of education of ~~the~~each	121367
city, local, or exempted village, and joint vocational school	121368
district within the territory of which the improvements are or	121369
will be located, for up to thirty years. The percentage of the	121370
improvement exempted from taxation may, with such approval, exceed	121371
seventy-five per cent, but shall not exceed one hundred per cent.	121372
Not later than forty-five business days prior to adopting an	121373
ordinance under this section, the legislative authority shall	121374
deliver to the board of education a notice stating its intent to	121375
declare improvements to be a public purpose under this section.	121376
The notice shall describe the parcel and the improvements, provide	121377
an estimate of the true value in money of the improvements,	121378
specify the period for which the improvements would be exempted	121379
from taxation and the percentage of the improvements that would be	121380
exempted, and indicate the date on which the legislative authority	121381
intends to adopt the ordinance. The board of education, by	121382
resolution adopted by a majority of the board, may approve the	121383
exemption for the period or for the exemption percentage specified	121384
in the notice, may disapprove the exemption for the number of	121385
years in excess of ten, may disapprove the exemption for the	121386
percentage of the improvements to be exempted in excess of	121387
seventy-five per cent, or both, or may approve the exemption on	121388
the condition that the legislative authority and the board	121389
negotiate an agreement providing for compensation to the school	121390
district equal in value to a percentage of the amount of taxes	121391
exempted in the eleventh and subsequent years of the exemption	121392
period, or, in the case of exemption percentages in excess of	121393
seventy-five per cent, compensation equal in value to a percentage	121394
of the taxes that would be payable on the portion of the	121395
improvement in excess of seventy-five per cent were that portion	121396
to be subject to taxation. The board of education shall certify	121397
its resolution to the legislative authority not later than	121398
fourteen days prior to the date the legislative authority intends	121399
to adopt the ordinance as indicated in the notice. If the board of	121400
education approves the exemption on the condition that a	121401
compensation agreement be negotiated, the board in its resolution	121402
shall propose a compensation percentage. If the board of education	121403
and the legislative authority negotiate a mutually acceptable	121404
compensation agreement, the ordinance may declare the improvements	121405
a public purpose for the number of years specified in the	121406
ordinance or, in the case of exemption percentages in excess of	121407
seventy-five per cent, for the exemption percentage specified in	121408
the ordinance. In either case, if the board and the legislative	121409
authority fail to negotiate a mutually acceptable compensation	121410
agreement, the ordinance may declare the improvements a public	121411
purpose for not more than ten years, but shall not exempt more	121412
than seventy-five per cent of the improvements from taxation. If	121413
the board fails to certify a resolution to the legislative	121414
authority within the time prescribed by this division, the	121415
legislative authority thereupon may adopt the ordinance and may	121416
declare the improvements a public purpose for up to thirty years.	121417
The legislative authority may adopt the ordinance at any time	121418
after the board of education certifies its resolution approving	121419
the exemption to the legislative authority, or, if the board	121420
approves the exemption on the condition that a mutually acceptable	121421
compensation agreement be negotiated, at any time after the	121422
compensation agreement is agreed to by the board and the	121423
legislative authority.	121424

(3) If a board of education has adopted a resolution waiving	121425
its right to approve exemptions from taxation and the resolution	121426
remains in effect, approval of exemptions by the board is not	121427
required under this division. If a board of education has adopted	121428
a resolution allowing a legislative authority to deliver the	121429
notice required under this division fewer than forty-five business	121430
days prior to the legislative authority's adoption of the	121431
ordinance, the legislative authority shall deliver the notice to	121432
the board not later than the number of days prior to such adoption	121433
as prescribed by the board in its resolution. If a board of	121434
education adopts a resolution waiving its right to approve	121435
exemptions or shortening the notification period, the board shall	121436
certify a copy of the resolution to the legislative authority. If	121437
the board of education rescinds such a resolution, it shall	121438
certify notice of the rescission to the legislative authority.	121439

(4) If the legislative authority is not required by division	121440
(C)(1), (2), or (3) of this section to notify the board of	121441
education of the legislative authority's intent to declare	121442
improvements to be a public purpose, the legislative authority	121443
shall comply with the notice requirements imposed under section	121444
5709.83 of the Revised Code, unless the board has adopted a	121445
resolution under that section waiving its right to receive such a	121446
notice.	121447

(D) The exemption commences on the effective date of the	121448
ordinance and ends on the date specified in the ordinance as the	121449
date the improvement ceases to be a public purpose. The exemption	121450
shall be claimed and allowed in the same or a similar manner as in	121451
the case of other real property exemptions. If an exemption status	121452
changes during a tax year, the procedure for the apportionment of	121453
the taxes for that year is the same as in the case of other	121454
changes in tax exemption status during the year.	121455

(E) A municipal corporation, not later than fifteen days	121456
after the adoption of an ordinance granting a tax exemption under	121457
this section, shall submit to the director of development a copy	121458
of the ordinance. On or before the thirty-first day of March each	121459
year, the municipal corporation shall submit a status report to	121460
the director of development outlining the progress of the project	121461
during each year that the exemption remains in effect.	121462

Sec. 5709.42. (A) A municipal corporation that has declared	121463
an improvement to be a public purpose under section 5709.40 or	121464
5709.41 of the Revised Code may require the owner of any structure	121465
located on the parcel to make annual service payments in lieu of	121466
taxes to the county treasurer on or before the final dates for	121467
payment of real property taxes. Each such payment shall be charged	121468
and collected in the same manner and in the same amount as the	121469
real property taxes that would have been charged and payable	121470
against the improvement if it were not exempt from taxation. If	121471
any reduction in the levies otherwise applicable to such exempt	121472
property is made by the county budget commission under section	121473
5705.31 of the Revised Code, the amount of the service payment in	121474
lieu of taxes shall be calculated as if such reduction in levies	121475
had not been made.	121476

(B) Moneys collected as service payments in lieu of taxes	121477
shall be distributed at the same time and in the same manner as	121478
real property tax payments. However, subject to division (C) of	121479
this section or section 5709.913 of the Revised Code, the entire	121480
amount so collected shall be distributed to the municipal	121481
corporation in which the improvement is located. If an ordinance	121482
adopted under section 5709.40 or 5709.41 of the Revised Code	121483
specifies that service payments shall be paid to ~~the~~a city,	121484
local, or exempted village, or joint vocational school district in	121485
which the improvements are located, the county treasurer shall	121486
distribute the portion of the service payments to that school	121487
district in an amount equal to the property tax payments the	121488
school district would have received from the portion of the	121489
improvements exempted from taxation had the improvements not been	121490
exempted, as directed in the ordinance. The treasurer shall	121491
maintain a record of the service payments in lieu of taxes made	121492
from property in each municipal corporation.	121493

(C) If annual service payments in lieu of taxes are required	121494
under this section, the county treasurer shall distribute to the	121495
appropriate taxing authorities the portion of the service payments	121496
that represents payments required under division (F) of section	121497
5709.40 of the Revised Code.	121498

(D) Nothing in this section or section 5709.40 or 5709.41 of	121499
the Revised Code affects the taxes levied against that portion of	121500
the value of any parcel of property that is not exempt from	121501
taxation.	121502

Sec. 5709.62. (A) In any municipal corporation that is	121503
defined by the United States office of management and budget as a	121504
principal city of a metropolitan statistical area, the legislative	121505
authority of the municipal corporation may designate one or more	121506
areas within its municipal corporation as proposed enterprise	121507
zones. Upon designating an area, the legislative authority shall	121508
petition the director of development for certification of the area	121509
as having the characteristics set forth in division (A)(1) of	121510
section 5709.61 of the Revised Code as amended by Substitute	121511
Senate Bill No. 19 of the 120th general assembly. Except as	121512
otherwise provided in division (E) of this section, on and after	121513
July 1, 1994, legislative authorities shall not enter into	121514
agreements under this section unless the legislative authority has	121515
petitioned the director and the director has certified the zone	121516
under this section as amended by that act; however, all agreements	121517
entered into under this section as it existed prior to July 1,	121518
1994, and the incentives granted under those agreements shall	121519
remain in effect for the period agreed to under those agreements.	121520
Within sixty days after receiving such a petition, the director	121521
shall determine whether the area has the characteristics set forth	121522
in division (A)(1) of section 5709.61 of the Revised Code, and	121523
shall forward the findings to the legislative authority of the	121524
municipal corporation. If the director certifies the area as	121525
having those characteristics, and thereby certifies it as a zone,	121526
the legislative authority may enter into an agreement with an	121527
enterprise under division (C) of this section.	121528

(B) Any enterprise that wishes to enter into an agreement	121529
with a municipal corporation under division (C) of this section	121530
shall submit a proposal to the legislative authority of the	121531
municipal corporation on a form prescribed by the director of	121532
development, together with the application fee established under	121533
section 5709.68 of the Revised Code. The form shall require the	121534
following information:	121535

(1) An estimate of the number of new employees whom the	121536
enterprise intends to hire, or of the number of employees whom the	121537
enterprise intends to retain, within the zone at a facility that	121538
is a project site, and an estimate of the amount of payroll of the	121539
enterprise attributable to these employees;	121540

(2) An estimate of the amount to be invested by the	121541
enterprise to establish, expand, renovate, or occupy a facility,	121542
including investment in new buildings, additions or improvements	121543
to existing buildings, machinery, equipment, furniture, fixtures,	121544
and inventory;	121545

(3) A listing of the enterprise's current investment, if any,	121546
in a facility as of the date of the proposal's submission.	121547

The enterprise shall review and update the listings required	121548
under this division to reflect material changes, and any agreement	121549
entered into under division (C) of this section shall set forth	121550
final estimates and listings as of the time the agreement is	121551
entered into. The legislative authority may, on a separate form	121552
and at any time, require any additional information necessary to	121553
determine whether an enterprise is in compliance with an agreement	121554
and to collect the information required to be reported under	121555
section 5709.68 of the Revised Code.	121556

(C) Upon receipt and investigation of a proposal under	121557
division (B) of this section, if the legislative authority finds	121558
that the enterprise submitting the proposal is qualified by	121559
financial responsibility and business experience to create and	121560
preserve employment opportunities in the zone and improve the	121561
economic climate of the municipal corporation, the legislative	121562
authority, on or before October 15, ~~2011~~2012, may do one of the	121563
following:	121564

(1) Enter into an agreement with the enterprise under which	121565
the enterprise agrees to establish, expand, renovate, or occupy a	121566
facility and hire new employees, or preserve employment	121567
opportunities for existing employees, in return for one or more of	121568
the following incentives:	121569

(a) Exemption for a specified number of years, not to exceed	121570
fifteen, of a specified portion, up to seventy-five per cent, of	121571
the assessed value of tangible personal property first used in	121572
business at the project site as a result of the agreement. If an	121573
exemption for inventory is specifically granted in the agreement	121574
pursuant to this division, the exemption applies to inventory	121575
required to be listed pursuant to sections 5711.15 and 5711.16 of	121576
the Revised Code, except that, in the instance of an expansion or	121577
other situations in which an enterprise was in business at the	121578
facility prior to the establishment of the zone, the inventory	121579
that is exempt is that amount or value of inventory in excess of	121580
the amount or value of inventory required to be listed in the	121581
personal property tax return of the enterprise in the return for	121582
the tax year in which the agreement is entered into.	121583

(b) Exemption for a specified number of years, not to exceed	121584
fifteen, of a specified portion, up to seventy-five per cent, of	121585
the increase in the assessed valuation of real property	121586
constituting the project site subsequent to formal approval of the	121587
agreement by the legislative authority;	121588

(c) Provision for a specified number of years, not to exceed	121589
fifteen, of any optional services or assistance that the municipal	121590
corporation is authorized to provide with regard to the project	121591
site.	121592

(2) Enter into an agreement under which the enterprise agrees	121593
to remediate an environmentally contaminated facility, to spend an	121594
amount equal to at least two hundred fifty per cent of the true	121595
value in money of the real property of the facility prior to	121596
remediation as determined for the purposes of property taxation to	121597
establish, expand, renovate, or occupy the remediated facility,	121598
and to hire new employees or preserve employment opportunities for	121599
existing employees at the remediated facility, in return for one	121600
or more of the following incentives:	121601

(a) Exemption for a specified number of years, not to exceed	121602
fifteen, of a specified portion, not to exceed fifty per cent, of	121603
the assessed valuation of the real property of the facility prior	121604
to remediation;	121605

(b) Exemption for a specified number of years, not to exceed	121606
fifteen, of a specified portion, not to exceed one hundred per	121607
cent, of the increase in the assessed valuation of the real	121608
property of the facility during or after remediation;	121609

(c) The incentive under division (C)(1)(a) of this section,	121610
except that the percentage of the assessed value of such property	121611
exempted from taxation shall not exceed one hundred per cent;	121612

(d) The incentive under division (C)(1)(c) of this section.

121613

(3) Enter into an agreement with an enterprise that plans to	121614
purchase and operate a large manufacturing facility that has	121615
ceased operation or announced its intention to cease operation, in	121616
return for exemption for a specified number of years, not to	121617
exceed fifteen, of a specified portion, up to one hundred per	121618
cent, of the assessed value of tangible personal property used in	121619
business at the project site as a result of the agreement, or of	121620
the assessed valuation of real property constituting the project	121621
site, or both.	121622

(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this	121623
section, the portion of the assessed value of tangible personal	121624
property or of the increase in the assessed valuation of real	121625
property exempted from taxation under those divisions may exceed	121626
seventy-five per cent in any year for which that portion is	121627
exempted if the average percentage exempted for all years in which	121628
the agreement is in effect does not exceed sixty per cent, or if	121629
the board of education of the city, local, or exempted village	121630
school district within the territory of which the property is or	121631
will be located approves a percentage in excess of seventy-five	121632
per cent.	121633

(2) Notwithstanding any provision of the Revised Code to the	121634
contrary, the exemptions described in divisions (C)(1)(a), (b),	121635
and (c), (C)(2)(a), (b), and (c), and (C)(3) of this section may	121636
be for up to fifteen years if the board of education of the city,	121637
local, or exempted village school district within the territory of	121638
which the property is or will be located approves a number of	121639
years in excess of ten.	121640

(3) For the purpose of obtaining the approval of a city,	121641
local, or exempted village school district under division (D)(1)	121642
or (2) of this section, the legislative authority shall deliver to	121643
the board of education a notice not later than forty-five days	121644
prior to approving the agreement, excluding Saturdays, Sundays,	121645
and legal holidays as defined in section 1.14 of the Revised Code.	121646
The notice shall state the percentage to be exempted, an estimate	121647
of the true value of the property to be exempted, and the number	121648
of years the property is to be exempted. The board of education,	121649
by resolution adopted by a majority of the board, shall approve or	121650
disapprove the agreement and certify a copy of the resolution to	121651
the legislative authority not later than fourteen days prior to	121652
the date stipulated by the legislative authority as the date upon	121653
which approval of the agreement is to be formally considered by	121654
the legislative authority. The board of education may include in	121655
the resolution conditions under which the board would approve the	121656
agreement, including the execution of an agreement to compensate	121657
the school district under division (B) of section 5709.82 of the	121658
Revised Code. The legislative authority may approve the agreement	121659
at any time after the board of education certifies its resolution	121660
approving the agreement to the legislative authority, or, if the	121661
board approves the agreement conditionally, at any time after the	121662
conditions are agreed to by the board and the legislative	121663
authority.	121664

If a board of education has adopted a resolution waiving its	121665
right to approve agreements and the resolution remains in effect,	121666
approval of an agreement by the board is not required under this	121667
division. If a board of education has adopted a resolution	121668
allowing a legislative authority to deliver the notice required	121669
under this division fewer than forty-five business days prior to	121670
the legislative authority's approval of the agreement, the	121671
legislative authority shall deliver the notice to the board not	121672
later than the number of days prior to such approval as prescribed	121673
by the board in its resolution. If a board of education adopts a	121674
resolution waiving its right to approve agreements or shortening	121675
the notification period, the board shall certify a copy of the	121676
resolution to the legislative authority. If the board of education	121677
rescinds such a resolution, it shall certify notice of the	121678
rescission to the legislative authority.	121679

(4) The legislative authority shall comply with section	121680
5709.83 of the Revised Code unless the board of education has	121681
adopted a resolution under that section waiving its right to	121682
receive such notice.	121683

(E) This division applies to zones certified by the director	121684
of development under this section prior to July 22, 1994.	121685

On or before October 15, ~~2011~~2012, the legislative authority	121686
that designated a zone to which this division applies may enter	121687
into an agreement with an enterprise if the legislative authority	121688
finds that the enterprise satisfies one of the criteria described	121689
in divisions (E)(1) to (5) of this section:	121690

(1) The enterprise currently has no operations in this state	121691
and, subject to approval of the agreement, intends to establish	121692
operations in the zone;	121693

(2) The enterprise currently has operations in this state	121694
and, subject to approval of the agreement, intends to establish	121695
operations at a new location in the zone that would not result in	121696
a reduction in the number of employee positions at any of the	121697
enterprise's other locations in this state;	121698

(3) The enterprise, subject to approval of the agreement,	121699
intends to relocate operations, currently located in another	121700
state, to the zone;	121701

(4) The enterprise, subject to approval of the agreement,	121702
intends to expand operations at an existing site in the zone that	121703
the enterprise currently operates;	121704

(5) The enterprise, subject to approval of the agreement,	121705
intends to relocate operations, currently located in this state,	121706
to the zone, and the director of development has issued a waiver	121707
for the enterprise under division (B) of section 5709.633 of the	121708
Revised Code.	121709

The agreement shall require the enterprise to agree to	121710
establish, expand, renovate, or occupy a facility in the zone and	121711
hire new employees, or preserve employment opportunities for	121712
existing employees, in return for one or more of the incentives	121713
described in division (C) of this section.	121714

(F) All agreements entered into under this section shall be	121715
in the form prescribed under section 5709.631 of the Revised Code.	121716
After an agreement is entered into under this section, if the	121717
legislative authority revokes its designation of a zone, or if the	121718
director of development revokes a zone's certification, any	121719
entitlements granted under the agreement shall continue for the	121720
number of years specified in the agreement.	121721

(G) Except as otherwise provided in this division, an	121722
agreement entered into under this section shall require that the	121723
enterprise pay an annual fee equal to the greater of one per cent	121724
of the dollar value of incentives offered under the agreement or	121725
five hundred dollars; provided, however, that if the value of the	121726
incentives exceeds two hundred fifty thousand dollars, the fee	121727
shall not exceed two thousand five hundred dollars. The fee shall	121728
be payable to the legislative authority once per year for each	121729
year the agreement is effective on the days and in the form	121730
specified in the agreement. Fees paid shall be deposited in a	121731
special fund created for such purpose by the legislative authority	121732
and shall be used by the legislative authority exclusively for the	121733
purpose of complying with section 5709.68 of the Revised Code and	121734
by the tax incentive review council created under section 5709.85	121735
of the Revised Code exclusively for the purposes of performing the	121736
duties prescribed under that section. The legislative authority	121737
may waive or reduce the amount of the fee charged against an	121738
enterprise, but such a waiver or reduction does not affect the	121739
obligations of the legislative authority or the tax incentive	121740
review council to comply with section 5709.68 or 5709.85 of the	121741
Revised Code.	121742

(H) When an agreement is entered into pursuant to this	121743
section, the legislative authority authorizing the agreement shall	121744
forward a copy of the agreement to the director of development and	121745
to the tax commissioner within fifteen days after the agreement is	121746
entered into. If any agreement includes terms not provided for in	121747
section 5709.631 of the Revised Code affecting the revenue of a	121748
city, local, or exempted village school district or causing	121749
revenue to be forgone by the district, including any compensation	121750
to be paid to the school district pursuant to section 5709.82 of	121751
the Revised Code, those terms also shall be forwarded in writing	121752
to the director of development along with the copy of the	121753
agreement forwarded under this division.	121754

(I) After an agreement is entered into, the enterprise shall	121755
file with each personal property tax return required to be filed,	121756
or annual report required to be filed under section 5727.08 of the	121757
Revised Code, while the agreement is in effect, an informational	121758
return, on a form prescribed by the tax commissioner for that	121759
purpose, setting forth separately the property, and related costs	121760
and values, exempted from taxation under the agreement.	121761

(J) Enterprises may agree to give preference to residents of	121762
the zone within which the agreement applies relative to residents	121763
of this state who do not reside in the zone when hiring new	121764
employees under the agreement.	121765

(K) An agreement entered into under this section may include	121766
a provision requiring the enterprise to create one or more	121767
temporary internship positions for students enrolled in a course	121768
of study at a school or other educational institution in the	121769
vicinity, and to create a scholarship or provide another form of	121770
educational financial assistance for students holding such a	121771
position in exchange for the student's commitment to work for the	121772
enterprise at the completion of the internship.	121773

(L) The tax commissioner's authority in determining the	121774
accuracy of any exemption granted by an agreement entered into	121775
under this section is limited to divisions (C)(1)(a) and (b),	121776
(C)(2)(a), (b), and (c), (C)(3), (D), and (I) of this section and	121777
divisions (B)(1) to (10) of section 5709.631 of the Revised Code	121778
and, as authorized by law, to enforcing any modification to, or	121779
revocation of, that agreement by the legislative authority of a	121780
municipal corporation or the director of development.	121781

Sec. 5709.63. (A) With the consent of the legislative	121782
authority of each affected municipal corporation or of a board of	121783
township trustees, a board of county commissioners may, in the	121784
manner set forth in section 5709.62 of the Revised Code, designate	121785
one or more areas in one or more municipal corporations or in	121786
unincorporated areas of the county as proposed enterprise zones. A	121787
board of county commissioners may designate no more than one area	121788
within a township, or within adjacent townships, as a proposed	121789
enterprise zone. The board shall petition the director of	121790
development for certification of the area as having the	121791
characteristics set forth in division (A)(1) or (2) of section	121792
5709.61 of the Revised Code as amended by Substitute Senate Bill	121793
No. 19 of the 120th general assembly. Except as otherwise provided	121794
in division (D) of this section, on and after July 1, 1994, boards	121795
of county commissioners shall not enter into agreements under this	121796
section unless the board has petitioned the director and the	121797
director has certified the zone under this section as amended by	121798
that act; however, all agreements entered into under this section	121799
as it existed prior to July 1, 1994, and the incentives granted	121800
under those agreements shall remain in effect for the period	121801
agreed to under those agreements. The director shall make the	121802
determination in the manner provided under section 5709.62 of the	121803
Revised Code.	121804

Any enterprise wishing to enter into an agreement with the	121805
board under division (B) or (D) of this section shall submit a	121806
proposal to the board on the form and accompanied by the	121807
application fee prescribed under division (B) of section 5709.62	121808
of the Revised Code. The enterprise shall review and update the	121809
estimates and listings required by the form in the manner required	121810
under that division. The board may, on a separate form and at any	121811
time, require any additional information necessary to determine	121812
whether an enterprise is in compliance with an agreement and to	121813
collect the information required to be reported under section	121814
5709.68 of the Revised Code.	121815

(B) If the board of county commissioners finds that an	121816
enterprise submitting a proposal is qualified by financial	121817
responsibility and business experience to create and preserve	121818
employment opportunities in the zone and to improve the economic	121819
climate of the municipal corporation or municipal corporations or	121820
the unincorporated areas in which the zone is located and to which	121821
the proposal applies, the board, on or before October 15, ~~2011~~	121822
2012, and with the consent of the legislative authority of each	121823
affected municipal corporation or of the board of township	121824
trustees may do either of the following:	121825

(1) Enter into an agreement with the enterprise under which	121826
the enterprise agrees to establish, expand, renovate, or occupy a	121827
facility in the zone and hire new employees, or preserve	121828
employment opportunities for existing employees, in return for the	121829
following incentives:	121830

(a) When the facility is located in a municipal corporation,	121831
the board may enter into an agreement for one or more of the	121832
incentives provided in division (C) of section 5709.62 of the	121833
Revised Code, subject to division (D) of that section;	121834

(b) When the facility is located in an unincorporated area,	121835
the board may enter into an agreement for one or more of the	121836
following incentives:	121837

(i) Exemption for a specified number of years, not to exceed	121838
fifteen, of a specified portion, up to sixty per cent, of the	121839
assessed value of tangible personal property first used in	121840
business at a project site as a result of the agreement. If an	121841
exemption for inventory is specifically granted in the agreement	121842
pursuant to this division, the exemption applies to inventory	121843
required to be listed pursuant to sections 5711.15 and 5711.16 of	121844
the Revised Code, except, in the instance of an expansion or other	121845
situations in which an enterprise was in business at the facility	121846
prior to the establishment of the zone, the inventory that is	121847
exempt is that amount or value of inventory in excess of the	121848
amount or value of inventory required to be listed in the personal	121849
property tax return of the enterprise in the return for the tax	121850
year in which the agreement is entered into.	121851

(ii) Exemption for a specified number of years, not to exceed	121852
fifteen, of a specified portion, up to sixty per cent, of the	121853
increase in the assessed valuation of real property constituting	121854
the project site subsequent to formal approval of the agreement by	121855
the board;	121856

(iii) Provision for a specified number of years, not to	121857
exceed fifteen, of any optional services or assistance the board	121858
is authorized to provide with regard to the project site;	121859

(iv) The incentive described in division (C)(2) of section	121860
5709.62 of the Revised Code.	121861

(2) Enter into an agreement with an enterprise that plans to	121862
purchase and operate a large manufacturing facility that has	121863
ceased operation or has announced its intention to cease	121864
operation, in return for exemption for a specified number of	121865
years, not to exceed fifteen, of a specified portion, up to one	121866
hundred per cent, of tangible personal property used in business	121867
at the project site as a result of the agreement, or of real	121868
property constituting the project site, or both.	121869

(C)(1)(a) Notwithstanding divisions (B)(1)(b)(i) and (ii) of	121870
this section, the portion of the assessed value of tangible	121871
personal property or of the increase in the assessed valuation of	121872
real property exempted from taxation under those divisions may	121873
exceed sixty per cent in any year for which that portion is	121874
exempted if the average percentage exempted for all years in which	121875
the agreement is in effect does not exceed fifty per cent, or if	121876
the board of education of the city, local, or exempted village	121877
school district within the territory of which the property is or	121878
will be located approves a percentage in excess of sixty per cent.	121879

(b) Notwithstanding any provision of the Revised Code to the	121880
contrary, the exemptions described in divisions (B)(1)(b)(i),	121881
(ii), (iii), and (iv) and (B)(2) of this section may be for up to	121882
fifteen years if the board of education of the city, local, or	121883
exempted village school district within the territory of which the	121884
property is or will be located approves a number of years in	121885
excess of ten.	121886

(c) For the purpose of obtaining the approval of a city,	121887
local, or exempted village school district under division	121888
(C)(1)(a) or (b) of this section, the board of county	121889
commissioners shall deliver to the board of education a notice not	121890
later than forty-five days prior to approving the agreement,	121891
excluding Saturdays, Sundays, and legal holidays as defined in	121892
section 1.14 of the Revised Code. The notice shall state the	121893
percentage to be exempted, an estimate of the true value of the	121894
property to be exempted, and the number of years the property is	121895
to be exempted. The board of education, by resolution adopted by a	121896
majority of the board, shall approve or disapprove the agreement	121897
and certify a copy of the resolution to the board of county	121898
commissioners not later than fourteen days prior to the date	121899
stipulated by the board of county commissioners as the date upon	121900
which approval of the agreement is to be formally considered by	121901
the board of county commissioners. The board of education may	121902
include in the resolution conditions under which the board would	121903
approve the agreement, including the execution of an agreement to	121904
compensate the school district under division (B) of section	121905
5709.82 of the Revised Code. The board of county commissioners may	121906
approve the agreement at any time after the board of education	121907
certifies its resolution approving the agreement to the board of	121908
county commissioners, or, if the board of education approves the	121909
agreement conditionally, at any time after the conditions are	121910
agreed to by the board of education and the board of county	121911
commissioners.	121912

If a board of education has adopted a resolution waiving its	121913
right to approve agreements and the resolution remains in effect,	121914
approval of an agreement by the board of education is not required	121915
under division (C) of this section. If a board of education has	121916
adopted a resolution allowing a board of county commissioners to	121917
deliver the notice required under this division fewer than	121918
forty-five business days prior to approval of the agreement by the	121919
board of county commissioners, the board of county commissioners	121920
shall deliver the notice to the board of education not later than	121921
the number of days prior to such approval as prescribed by the	121922
board of education in its resolution. If a board of education	121923
adopts a resolution waiving its right to approve agreements or	121924
shortening the notification period, the board of education shall	121925
certify a copy of the resolution to the board of county	121926
commissioners. If the board of education rescinds such a	121927
resolution, it shall certify notice of the rescission to the board	121928
of county commissioners.	121929

(2) The board of county commissioners shall comply with	121930
section 5709.83 of the Revised Code unless the board of education	121931
has adopted a resolution under that section waiving its right to	121932
receive such notice.	121933

(D) This division applies to zones certified by the director	121934
of development under this section prior to July 22, 1994.	121935

On or before October 15, ~~2011~~2012, and with the consent of	121936
the legislative authority of each affected municipal corporation	121937
or board of township trustees of each affected township, the board	121938
of county commissioners that designated a zone to which this	121939
division applies may enter into an agreement with an enterprise if	121940
the board finds that the enterprise satisfies one of the criteria	121941
described in divisions (D)(1) to (5) of this section:	121942

(1) The enterprise currently has no operations in this state	121943
and, subject to approval of the agreement, intends to establish	121944
operations in the zone;	121945

(2) The enterprise currently has operations in this state	121946
and, subject to approval of the agreement, intends to establish	121947
operations at a new location in the zone that would not result in	121948
a reduction in the number of employee positions at any of the	121949
enterprise's other locations in this state;	121950

(3) The enterprise, subject to approval of the agreement,	121951
intends to relocate operations, currently located in another	121952
state, to the zone;	121953

(4) The enterprise, subject to approval of the agreement,	121954
intends to expand operations at an existing site in the zone that	121955
the enterprise currently operates;	121956

(5) The enterprise, subject to approval of the agreement,	121957
intends to relocate operations, currently located in this state,	121958
to the zone, and the director of development has issued a waiver	121959
for the enterprise under division (B) of section 5709.633 of the	121960
Revised Code.	121961

The agreement shall require the enterprise to agree to	121962
establish, expand, renovate, or occupy a facility in the zone and	121963
hire new employees, or preserve employment opportunities for	121964
existing employees, in return for one or more of the incentives	121965
described in division (B) of this section.	121966

(E) All agreements entered into under this section shall be	121967
in the form prescribed under section 5709.631 of the Revised Code.	121968
After an agreement under this section is entered into, if the	121969
board of county commissioners revokes its designation of a zone,	121970
or if the director of development revokes a zone's certification,	121971
any entitlements granted under the agreement shall continue for	121972
the number of years specified in the agreement.	121973

(F) Except as otherwise provided in this division, an	121974
agreement entered into under this section shall require that the	121975
enterprise pay an annual fee equal to the greater of one per cent	121976
of the dollar value of incentives offered under the agreement or	121977
five hundred dollars; provided, however, that if the value of the	121978
incentives exceeds two hundred fifty thousand dollars, the fee	121979
shall not exceed two thousand five hundred dollars. The fee shall	121980
be payable to the board of county commissioners once per year for	121981
each year the agreement is effective on the days and in the form	121982
specified in the agreement. Fees paid shall be deposited in a	121983
special fund created for such purpose by the board and shall be	121984
used by the board exclusively for the purpose of complying with	121985
section 5709.68 of the Revised Code and by the tax incentive	121986
review council created under section 5709.85 of the Revised Code	121987
exclusively for the purposes of performing the duties prescribed	121988
under that section. The board may waive or reduce the amount of	121989
the fee charged against an enterprise, but such waiver or	121990
reduction does not affect the obligations of the board or the tax	121991
incentive review council to comply with section 5709.68 or 5709.85	121992
of the Revised Code, respectively.	121993

(G) With the approval of the legislative authority of a	121994
municipal corporation or the board of township trustees of a	121995
township in which a zone is designated under division (A) of this	121996
section, the board of county commissioners may delegate to that	121997
legislative authority or board any powers and duties of the board	121998
of county commissioners to negotiate and administer agreements	121999
with regard to that zone under this section.	122000

(H) When an agreement is entered into pursuant to this	122001
section, the board of county commissioners authorizing the	122002
agreement or the legislative authority or board of township	122003
trustees that negotiates and administers the agreement shall	122004
forward a copy of the agreement to the director of development and	122005
to the tax commissioner within fifteen days after the agreement is	122006
entered into. If any agreement includes terms not provided for in	122007
section 5709.631 of the Revised Code affecting the revenue of a	122008
city, local, or exempted village school district or causing	122009
revenue to be foregone by the district, including any compensation	122010
to be paid to the school district pursuant to section 5709.82 of	122011
the Revised Code, those terms also shall be forwarded in writing	122012
to the director of development along with the copy of the	122013
agreement forwarded under this division.	122014

(I) After an agreement is entered into, the enterprise shall	122015
file with each personal property tax return required to be filed,	122016
or annual report that is required to be filed under section	122017
5727.08 of the Revised Code, while the agreement is in effect, an	122018
informational return, on a form prescribed by the tax commissioner	122019
for that purpose, setting forth separately the property, and	122020
related costs and values, exempted from taxation under the	122021
agreement.	122022

(J) Enterprises may agree to give preference to residents of	122023
the zone within which the agreement applies relative to residents	122024
of this state who do not reside in the zone when hiring new	122025
employees under the agreement.	122026

(K) An agreement entered into under this section may include	122027
a provision requiring the enterprise to create one or more	122028
temporary internship positions for students enrolled in a course	122029
of study at a school or other educational institution in the	122030
vicinity, and to create a scholarship or provide another form of	122031
educational financial assistance for students holding such a	122032
position in exchange for the student's commitment to work for the	122033
enterprise at the completion of the internship.	122034

(L) The tax commissioner's authority in determining the	122035
accuracy of any exemption granted by an agreement entered into	122036
under this section is limited to divisions (B)(1)(b)(i) and (ii),	122037
(B)(2), (C), and (I) of this section, division (B)(1)(b)(iv) of	122038
this section as it pertains to divisions (C)(2)(a), (b), and (c)	122039
of section 5709.62 of the Revised Code, and divisions (B)(1) to	122040
(10) of section 5709.631 of the Revised Code and, as authorized by	122041
law, to enforcing any modification to, or revocation of, that	122042
agreement by the board of county commissioners or the director of	122043
development or, if the board's powers and duties are delegated	122044
under division (G) of this section, by the legislative authority	122045
of a municipal corporation or board of township trustees.	122046

Sec. 5709.632. (A)(1) The legislative authority of a	122047
municipal corporation defined by the United States office of	122048
management and budget as a principal city of a metropolitan	122049
statistical area may, in the manner set forth in section 5709.62	122050
of the Revised Code, designate one or more areas in the municipal	122051
corporation as a proposed enterprise zone.	122052

(2) With the consent of the legislative authority of each	122053
affected municipal corporation or of a board of township trustees,	122054
a board of county commissioners may, in the manner set forth in	122055
section 5709.62 of the Revised Code, designate one or more areas	122056
in one or more municipal corporations or in unincorporated areas	122057
of the county as proposed urban jobs and enterprise zones, except	122058
that a board of county commissioners may designate no more than	122059
one area within a township, or within adjacent townships, as a	122060
proposed urban jobs and enterprise zone.	122061

(3) The legislative authority or board of county	122062
commissioners may petition the director of development for	122063
certification of the area as having the characteristics set forth	122064
in division (A)(3) of section 5709.61 of the Revised Code. Within	122065
sixty days after receiving such a petition, the director shall	122066
determine whether the area has the characteristics set forth in	122067
that division and forward the findings to the legislative	122068
authority or board of county commissioners. If the director	122069
certifies the area as having those characteristics and thereby	122070
certifies it as a zone, the legislative authority or board may	122071
enter into agreements with enterprises under division (B) of this	122072
section. Any enterprise wishing to enter into an agreement with a	122073
legislative authority or board of county commissioners under this	122074
section and satisfying one of the criteria described in divisions	122075
(B)(1) to (5) of this section shall submit a proposal to the	122076
legislative authority or board on the form prescribed under	122077
division (B) of section 5709.62 of the Revised Code and shall	122078
review and update the estimates and listings required by the form	122079
in the manner required under that division. The legislative	122080
authority or board may, on a separate form and at any time,	122081
require any additional information necessary to determine whether	122082
an enterprise is in compliance with an agreement and to collect	122083
the information required to be reported under section 5709.68 of	122084
the Revised Code.	122085

(B) Prior to entering into an agreement with an enterprise,	122086
the legislative authority or board of county commissioners shall	122087
determine whether the enterprise submitting the proposal is	122088
qualified by financial responsibility and business experience to	122089
create and preserve employment opportunities in the zone and to	122090
improve the economic climate of the municipal corporation or	122091
municipal corporations or the unincorporated areas in which the	122092
zone is located and to which the proposal applies, and whether the	122093
enterprise satisfies one of the following criteria:	122094

(1) The enterprise currently has no operations in this state	122095
and, subject to approval of the agreement, intends to establish	122096
operations in the zone;	122097

(2) The enterprise currently has operations in this state	122098
and, subject to approval of the agreement, intends to establish	122099
operations at a new location in the zone that would not result in	122100
a reduction in the number of employee positions at any of the	122101
enterprise's other locations in this state;	122102

(3) The enterprise, subject to approval of the agreement,	122103
intends to relocate operations, currently located in another	122104
state, to the zone;	122105

(4) The enterprise, subject to approval of the agreement,	122106
intends to expand operations at an existing site in the zone that	122107
the enterprise currently operates;	122108

(5) The enterprise, subject to approval of the agreement,	122109
intends to relocate operations, currently located in this state,	122110
to the zone, and the director of development has issued a waiver	122111
for the enterprise under division (B) of section 5709.633 of the	122112
Revised Code.	122113

(C) If the legislative authority or board determines that the	122114
enterprise is so qualified and satisfies one of the criteria	122115
described in divisions (B)(1) to (5) of this section, the	122116
legislative authority or board may, after complying with section	122117
5709.83 of the Revised Code and on or before October 15, ~~2011~~	122118
2012, and, in the case of a board of commissioners, with the	122119
consent of the legislative authority of each affected municipal	122120
corporation or of the board of township trustees, enter into an	122121
agreement with the enterprise under which the enterprise agrees to	122122
establish, expand, renovate, or occupy a facility in the zone and	122123
hire new employees, or preserve employment opportunities for	122124
existing employees, in return for the following incentives:	122125

(1) When the facility is located in a municipal corporation,	122126
a legislative authority or board of commissioners may enter into	122127
an agreement for one or more of the incentives provided in	122128
division (C) of section 5709.62 of the Revised Code, subject to	122129
division (D) of that section;	122130

(2) When the facility is located in an unincorporated area, a	122131
board of commissioners may enter into an agreement for one or more	122132
of the incentives provided in divisions (B)(1)(b), (B)(2), and	122133
(B)(3) of section 5709.63 of the Revised Code, subject to division	122134
(C) of that section.	122135

(D) All agreements entered into under this section shall be	122136
in the form prescribed under section 5709.631 of the Revised Code.	122137
After an agreement under this section is entered into, if the	122138
legislative authority or board of county commissioners revokes its	122139
designation of the zone, or if the director of development revokes	122140
the zone's certification, any entitlements granted under the	122141
agreement shall continue for the number of years specified in the	122142
agreement.	122143

(E) Except as otherwise provided in this division, an	122144
agreement entered into under this section shall require that the	122145
enterprise pay an annual fee equal to the greater of one per cent	122146
of the dollar value of incentives offered under the agreement or	122147
five hundred dollars; provided, however, that if the value of the	122148
incentives exceeds two hundred fifty thousand dollars, the fee	122149
shall not exceed two thousand five hundred dollars. The fee shall	122150
be payable to the legislative authority or board of commissioners	122151
once per year for each year the agreement is effective on the days	122152
and in the form specified in the agreement. Fees paid shall be	122153
deposited in a special fund created for such purpose by the	122154
legislative authority or board and shall be used by the	122155
legislative authority or board exclusively for the purpose of	122156
complying with section 5709.68 of the Revised Code and by the tax	122157
incentive review council created under section 5709.85 of the	122158
Revised Code exclusively for the purposes of performing the duties	122159
prescribed under that section. The legislative authority or board	122160
may waive or reduce the amount of the fee charged against an	122161
enterprise, but such waiver or reduction does not affect the	122162
obligations of the legislative authority or board or the tax	122163
incentive review council to comply with section 5709.68 or 5709.85	122164
of the Revised Code, respectively.	122165

(F) With the approval of the legislative authority of a	122166
municipal corporation or the board of township trustees of a	122167
township in which a zone is designated under division (A)(2) of	122168
this section, the board of county commissioners may delegate to	122169
that legislative authority or board any powers and duties of the	122170
board to negotiate and administer agreements with regard to that	122171
zone under this section.	122172

(G) When an agreement is entered into pursuant to this	122173
section, the legislative authority or board of commissioners	122174
authorizing the agreement shall forward a copy of the agreement to	122175
the director of development and to the tax commissioner within	122176
fifteen days after the agreement is entered into. If any agreement	122177
includes terms not provided for in section 5709.631 of the Revised	122178
Code affecting the revenue of a city, local, or exempted village	122179
school district or causing revenue to be forgone by the district,	122180
including any compensation to be paid to the school district	122181
pursuant to section 5709.82 of the Revised Code, those terms also	122182
shall be forwarded in writing to the director of development along	122183
with the copy of the agreement forwarded under this division.	122184

(H) After an agreement is entered into, the enterprise shall	122185
file with each personal property tax return required to be filed	122186
while the agreement is in effect, an informational return, on a	122187
form prescribed by the tax commissioner for that purpose, setting	122188
forth separately the property, and related costs and values,	122189
exempted from taxation under the agreement.	122190

(I) An agreement entered into under this section may include	122191
a provision requiring the enterprise to create one or more	122192
temporary internship positions for students enrolled in a course	122193
of study at a school or other educational institution in the	122194
vicinity, and to create a scholarship or provide another form of	122195
educational financial assistance for students holding such a	122196
position in exchange for the student's commitment to work for the	122197
enterprise at the completion of the internship.	122198

Sec. 5709.73. (A) As used in this section and section	122199
5709.74 of the Revised Code:	122200

(1) "Business day" means a day of the week excluding	122201
Saturday, Sunday, and a legal holiday as defined in section 1.14	122202
of the Revised Code.	122203

(2) "Further improvements" or "improvements" means the	122204
increase in the assessed value of real property that would first	122205
appear on the tax list and duplicate of real and public utility	122206
property after the effective date of a resolution adopted under	122207
this section were it not for the exemption granted by that	122208
resolution. For purposes of division (B) of this section,	122209
"improvements" do not include any property used or to be used for	122210
residential purposes.	122211

(3) "Housing renovation" means a project carried out for	122212
residential purposes.	122213

(4) "Incentive district" has the same meaning as in section	122214
5709.40 of the Revised Code, except that a blighted area is in the	122215
unincorporated area of a township.	122216

(5) "Project" and "public infrastructure improvement" have	122217
the same meanings as in section 5709.40 of the Revised Code.	122218

(B) A board of township trustees may, by unanimous vote,	122219
adopt a resolution that declares to be a public purpose any public	122220
infrastructure improvements made that are necessary for the	122221
development of certain parcels of land located in the	122222
unincorporated area of the township. Except with the approval	122223
under division (D) of this section of the board of education of	122224
each city, local, or exempted village, and joint vocational school	122225
district within which the improvements are located, the resolution	122226
may exempt from real property taxation not more than seventy-five	122227
per cent of further improvements to a parcel of land that directly	122228
benefits from the public infrastructure improvements, for a period	122229
of not more than ten years. The resolution shall specify the	122230
percentage of the further improvements to be exempted and the life	122231
of the exemption.	122232

(C)(1) A board of township trustees may adopt, by unanimous	122233
vote, a resolution creating an incentive district and declaring	122234
improvements to parcels within the district to be a public purpose	122235
and, except as provided in division (F) of this section, exempt	122236
from taxation as provided in this section, but no board of	122237
township trustees of a township that has a population that exceeds	122238
twenty-five thousand, as shown by the most recent federal	122239
decennial census, shall adopt a resolution that creates an	122240
incentive district if the sum of the taxable value of real	122241
property in the proposed district for the preceding tax year and	122242
the taxable value of all real property in the township that would	122243
have been taxable in the preceding year were it not for the fact	122244
that the property was in an existing incentive district and	122245
therefore exempt from taxation exceeds twenty-five per cent of the	122246
taxable value of real property in the township for the preceding	122247
tax year. The district shall be located within the unincorporated	122248
area of the township and shall not include any territory that is	122249
included within a district created under division (B) of section	122250
5709.78 of the Revised Code. The resolution shall delineate the	122251
boundary of the district and specifically identify each parcel	122252
within the district. A district may not include any parcel that is	122253
or has been exempted from taxation under division (B) of this	122254
section or that is or has been within another district created	122255
under this division. A resolution may create more than one	122256
district, and more than one resolution may be adopted under	122257
division (C)(1) of this section.	122258

(2) Not later than thirty days prior to adopting a resolution	122259
under division (C)(1) of this section, if the township intends to	122260
apply for exemptions from taxation under section 5709.911 of the	122261
Revised Code on behalf of owners of real property located within	122262
the proposed incentive district, the board shall conduct a public	122263
hearing on the proposed resolution. Not later than thirty days	122264
prior to the public hearing, the board shall give notice of the	122265
public hearing and the proposed resolution by first class mail to	122266
every real property owner whose property is located within the	122267
boundaries of the proposed incentive district that is the subject	122268
of the proposed resolution.	122269

(3)(a) A resolution adopted under division (C)(1) of this	122270
section shall specify the life of the incentive district and the	122271
percentage of the improvements to be exempted, shall designate the	122272
public infrastructure improvements made, to be made, or in the	122273
process of being made, that benefit or serve, or, once made, will	122274
benefit or serve parcels in the district. The resolution also	122275
shall identify one or more specific projects being, or to be,	122276
undertaken in the district that place additional demand on the	122277
public infrastructure improvements designated in the resolution.	122278
The project identified may, but need not be, the project under	122279
division (C)(3)(b) of this section that places real property in	122280
use for commercial or industrial purposes.	122281

A resolution adopted under division (C)(1) of this section on	122282
or after ~~the effective date of this amendment~~March 30, 2006,	122283
shall not designate police or fire equipment as public	122284
infrastructure improvements, and no service payment provided for	122285
in section 5709.74 of the Revised Code and received by the	122286
township under the resolution shall be used for police or fire	122287
equipment.	122288

(b) A resolution adopted under division (C)(1) of this	122289
section may authorize the use of service payments provided for in	122290
section 5709.74 of the Revised Code for the purpose of housing	122291
renovations within the incentive district, provided that the	122292
resolution also designates public infrastructure improvements that	122293
benefit or serve the district, and that a project within the	122294
district places real property in use for commercial or industrial	122295
purposes. Service payments may be used to finance or support	122296
loans, deferred loans, and grants to persons for the purpose of	122297
housing renovations within the district. The resolution shall	122298
designate the parcels within the district that are eligible for	122299
housing renovations. The resolution shall state separately the	122300
amount or the percentages of the expected aggregate service	122301
payments that are designated for each public infrastructure	122302
improvement and for the purpose of housing renovations.	122303

(4) Except with the approval of the board of education of	122304
each city, local, or exempted village, and joint vocational school	122305
district within the territory of which the incentive district is	122306
or will be located, and subject to division (E) of this section,	122307
the life of an incentive district shall not exceed ten years, and	122308
the percentage of improvements to be exempted shall not exceed	122309
seventy-five per cent. With approval of the board of education,	122310
the life of a district may be not more than thirty years, and the	122311
percentage of improvements to be exempted may be not more than one	122312
hundred per cent. The approval of a board of education shall be	122313
obtained in the manner provided in division (D) of this section f.	122314

(D) Improvements with respect to a parcel may be exempted	122315
from taxation under division (B) of this section, and improvements	122316
to parcels within an incentive district may be exempted from	122317
taxation under division (C) of this section, for up to ten years	122318
or, with the approval of the board of education of ~~the~~each city,	122319
local, or exempted village, and joint vocational school district	122320
within which the parcel or district is located, for up to thirty	122321
years. The percentage of the improvements exempted from taxation	122322
may, with such approval, exceed seventy-five per cent, but shall	122323
not exceed one hundred per cent. Not later than forty-five	122324
business days prior to adopting a resolution under this section	122325
declaring improvements to be a public purpose that is subject to	122326
approval by a board of education under this division, the board of	122327
township trustees shall deliver to the board of education a notice	122328
stating its intent to adopt a resolution making that declaration.	122329
The notice regarding improvements with respect to a parcel under	122330
division (B) of this section shall identify the parcels for which	122331
improvements are to be exempted from taxation, provide an estimate	122332
of the true value in money of the improvements, specify the period	122333
for which the improvements would be exempted from taxation and the	122334
percentage of the improvements that would be exempted, and	122335
indicate the date on which the board of township trustees intends	122336
to adopt the resolution. The notice regarding improvements made	122337
under division (C) of this section to parcels within an incentive	122338
district shall delineate the boundaries of the district,	122339
specifically identify each parcel within the district, identify	122340
each anticipated improvement in the district, provide an estimate	122341
of the true value in money of each such improvement, specify the	122342
life of the district and the percentage of improvements that would	122343
be exempted, and indicate the date on which the board of township	122344
trustees intends to adopt the resolution. The board of education,	122345
by resolution adopted by a majority of the board, may approve the	122346
exemption for the period or for the exemption percentage specified	122347
in the notice; may disapprove the exemption for the number of	122348
years in excess of ten, may disapprove the exemption for the	122349
percentage of the improvements to be exempted in excess of	122350
seventy-five per cent, or both; or may approve the exemption on	122351
the condition that the board of township trustees and the board of	122352
education negotiate an agreement providing for compensation to the	122353
school district equal in value to a percentage of the amount of	122354
taxes exempted in the eleventh and subsequent years of the	122355
exemption period or, in the case of exemption percentages in	122356
excess of seventy-five per cent, compensation equal in value to a	122357
percentage of the taxes that would be payable on the portion of	122358
the improvements in excess of seventy-five per cent were that	122359
portion to be subject to taxation, or other mutually agreeable	122360
compensation.	122361

The board of education shall certify its resolution to the	122362
board of township trustees not later than fourteen days prior to	122363
the date the board of township trustees intends to adopt the	122364
resolution as indicated in the notice. If the board of education	122365
and the board of township trustees negotiate a mutually acceptable	122366
compensation agreement, the resolution may declare the	122367
improvements a public purpose for the number of years specified in	122368
the resolution or, in the case of exemption percentages in excess	122369
of seventy-five per cent, for the exemption percentage specified	122370
in the resolution. In either case, if the board of education and	122371
the board of township trustees fail to negotiate a mutually	122372
acceptable compensation agreement, the resolution may declare the	122373
improvements a public purpose for not more than ten years, and	122374
shall not exempt more than seventy-five per cent of the	122375
improvements from taxation. If the board of education fails to	122376
certify a resolution to the board of township trustees within the	122377
time prescribed by this section, the board of township trustees	122378
thereupon may adopt the resolution and may declare the	122379
improvements a public purpose for up to thirty years or, in the	122380
case of exemption percentages proposed in excess of seventy-five	122381
per cent, for the exemption percentage specified in the	122382
resolution. The board of township trustees may adopt the	122383
resolution at any time after the board of education certifies its	122384
resolution approving the exemption to the board of township	122385
trustees, or, if the board of education approves the exemption on	122386
the condition that a mutually acceptable compensation agreement be	122387
negotiated, at any time after the compensation agreement is agreed	122388
to by the board of education and the board of township trustees.	122389

If a board of education has adopted a resolution waiving its	122390
right to approve exemptions from taxation under this section and	122391
the resolution remains in effect, approval of such exemptions by	122392
the board of education is not required under division (D) of this	122393
section. If a board of education has adopted a resolution allowing	122394
a board of township trustees to deliver the notice required under	122395
division (D) of this section fewer than forty-five business days	122396
prior to adoption of the resolution by the board of township	122397
trustees, the board of township trustees shall deliver the notice	122398
to the board of education not later than the number of days prior	122399
to the adoption as prescribed by the board of education in its	122400
resolution. If a board of education adopts a resolution waiving	122401
its right to approve exemptions or shortening the notification	122402
period, the board of education shall certify a copy of the	122403
resolution to the board of township trustees. If the board of	122404
education rescinds the resolution, it shall certify notice of the	122405
rescission to the board of township trustees.	122406

If the board of township trustees is not required by division	122407
(D) of this section to notify the board of education of the board	122408
of township trustees' intent to declare improvements to be a	122409
public purpose, the board of township trustees shall comply with	122410
the notice requirements imposed under section 5709.83 of the	122411
Revised Code before taking formal action to adopt the resolution	122412
making that declaration, unless the board of education has adopted	122413
a resolution under that section waiving its right to receive the	122414
notice.	122415

(E)(1) If a proposed resolution under division (C)(1) of this	122416
section exempts improvements with respect to a parcel within an	122417
incentive district for more than ten years, or the percentage of	122418
the improvement exempted from taxation exceeds seventy-five per	122419
cent, not later than forty-five business days prior to adopting	122420
the resolution the board of township trustees shall deliver to the	122421
board of county commissioners of the county within which the	122422
incentive district is or will be located a notice that states its	122423
intent to adopt a resolution creating an incentive district. The	122424
notice shall include a copy of the proposed resolution, identify	122425
the parcels for which improvements are to be exempted from	122426
taxation, provide an estimate of the true value in money of the	122427
improvements, specify the period of time for which the	122428
improvements would be exempted from taxation, specify the	122429
percentage of the improvements that would be exempted from	122430
taxation, and indicate the date on which the board of township	122431
trustees intends to adopt the resolution.	122432

(2) The board of county commissioners, by resolution adopted	122433
by a majority of the board, may object to the exemption for the	122434
number of years in excess of ten, may object to the exemption for	122435
the percentage of the improvement to be exempted in excess of	122436
seventy-five per cent, or both. If the board of county	122437
commissioners objects, the board may negotiate a mutually	122438
acceptable compensation agreement with the board of township	122439
trustees. In no case shall the compensation provided to the board	122440
of county commissioners exceed the property taxes foregone due to	122441
the exemption. If the board of county commissioners objects, and	122442
the board of county commissioners and board of township trustees	122443
fail to negotiate a mutually acceptable compensation agreement,	122444
the resolution adopted under division (C)(1) of this section shall	122445
provide to the board of county commissioners compensation in the	122446
eleventh and subsequent years of the exemption period equal in	122447
value to not more than fifty per cent of the taxes that would be	122448
payable to the county or, if the board of county commissioner's	122449
objection includes an objection to an exemption percentage in	122450
excess of seventy-five per cent, compensation equal in value to	122451
not more than fifty per cent of the taxes that would be payable to	122452
the county, on the portion of the improvement in excess of	122453
seventy-five per cent, were that portion to be subject to	122454
taxation. The board of county commissioners shall certify its	122455
resolution to the board of township trustees not later than thirty	122456
days after receipt of the notice.	122457

(3) If the board of county commissioners does not object or	122458
fails to certify its resolution objecting to an exemption within	122459
thirty days after receipt of the notice, the board of township	122460
trustees may adopt its resolution, and no compensation shall be	122461
provided to the board of county commissioners. If the board of	122462
county commissioners timely certifies its resolution objecting to	122463
the trustees' resolution, the board of township trustees may adopt	122464
its resolution at any time after a mutually acceptable	122465
compensation agreement is agreed to by the board of county	122466
commissioners and the board of township trustees, or, if no	122467
compensation agreement is negotiated, at any time after the board	122468
of township trustees agrees in the proposed resolution to provide	122469
compensation to the board of county commissioners of fifty per	122470
cent of the taxes that would be payable to the county in the	122471
eleventh and subsequent years of the exemption period or on the	122472
portion of the improvement in excess of seventy-five per cent,	122473
were that portion to be subject to taxation.	122474

(F) Service payments in lieu of taxes that are attributable	122475
to any amount by which the effective tax rate of either a renewal	122476
levy with an increase or a replacement levy exceeds the effective	122477
tax rate of the levy renewed or replaced, or that are attributable	122478
to an additional levy, for a levy authorized by the voters for any	122479
of the following purposes on or after January 1, 2006, and which	122480
are provided pursuant to a resolution creating an incentive	122481
district under division (C)(1) of this section that is adopted on	122482
or after January 1, 2006, shall be distributed to the appropriate	122483
taxing authority as required under division (C) of section 5709.74	122484
of the Revised Code in an amount equal to the amount of taxes from	122485
that additional levy or from the increase in the effective tax	122486
rate of such renewal or replacement levy that would have been	122487
payable to that taxing authority from the following levies were it	122488
not for the exemption authorized under division (C) of this	122489
section:	122490

(1) A tax levied under division (L) of section 5705.19 or	122491
section 5705.191 of the Revised Code for community mental	122492
retardation and developmental disabilities programs and services	122493
pursuant to Chapter 5126. of the Revised Code;	122494

(2) A tax levied under division (Y) of section 5705.19 of the	122495
Revised Code for providing or maintaining senior citizens services	122496
or facilities;	122497

(3) A tax levied under section 5705.22 of the Revised Code	122498
for county hospitals;	122499

(4) A tax levied by a joint-county district or by a county	122500
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	122501
for alcohol, drug addiction, and mental health services or	122502
families;	122503

(5) A tax levied under section 5705.23 of the Revised Code	122504
for library purposes;	122505

(6) A tax levied under section 5705.24 of the Revised Code	122506
for the support of children services and the placement and care of	122507
children;	122508

(7) A tax levied under division (Z) of section 5705.19 of the	122509
Revised Code for the provision and maintenance of zoological park	122510
services and facilities under section 307.76 of the Revised Code;	122511

(8) A tax levied under section 511.27 or division (H) of	122512
section 5705.19 of the Revised Code for the support of township	122513
park districts;	122514

(9) A tax levied under division (A), (F), or (H) of section	122515
5705.19 of the Revised Code for parks and recreational purposes of	122516
a joint recreation district organized pursuant to division (B) of	122517
section 755.14 of the Revised Code;	122518

(10) A tax levied under section 1545.20 or 1545.21 of the	122519
Revised Code for park district purposes;	122520

(11) A tax levied under section 5705.191 of the Revised Code	122521
for the purpose of making appropriations for public assistance;	122522
human or social services; public relief; public welfare; public	122523
health and hospitalization; and support of general hospitals;	122524

(12) A tax levied under section 3709.29 of the Revised Code	122525
for a general health district program.	122526

(G) An exemption from taxation granted under this section	122527
commences with the tax year specified in the resolution so long as	122528
the year specified in the resolution commences after the effective	122529
date of the resolution. If the resolution specifies a year	122530
commencing before the effective date of the resolution or	122531
specifies no year whatsoever, the exemption commences with the tax	122532
year in which an exempted improvement first appears on the tax	122533
list and duplicate of real and public utility property and that	122534
commences after the effective date of the resolution. Except as	122535
otherwise provided in this division, the exemption ends on the	122536
date specified in the resolution as the date the improvement	122537
ceases to be a public purpose or the incentive district expires,	122538
or ends on the date on which the public infrastructure	122539
improvements and housing renovations are paid in full from the	122540
township public improvement tax increment equivalent fund	122541
established under section 5709.75 of the Revised Code, whichever	122542
occurs first. The exemption of an improvement with respect to a	122543
parcel or within an incentive district may end on a later date, as	122544
specified in the resolution, if the board of township trustees and	122545
the board of education of the city, local, or exempted village,	122546
and joint vocational school district within which the parcel or	122547
district is located have entered into a compensation agreement	122548
under section 5709.82 of the Revised Code with respect to the	122549
improvement and the board of education has approved the term of	122550
the exemption under division (D) of this section, but in no case	122551
shall the improvement be exempted from taxation for more than	122552
thirty years. The board of township trustees may, by majority	122553
vote, adopt a resolution permitting the township to enter into	122554
such agreements as the board finds necessary or appropriate to	122555
provide for the construction or undertaking of public	122556
infrastructure improvements and housing renovations. Any exemption	122557
shall be claimed and allowed in the same or a similar manner as in	122558
the case of other real property exemptions. If an exemption status	122559
changes during a tax year, the procedure for the apportionment of	122560
the taxes for that year is the same as in the case of other	122561
changes in tax exemption status during the year.	122562

(H) The board of township trustees may issue the notes of the	122563
township to finance all costs pertaining to the construction or	122564
undertaking of public infrastructure improvements and housing	122565
renovations made pursuant to this section. The notes shall be	122566
signed by the board and attested by the signature of the township	122567
fiscal officer, shall bear interest not to exceed the rate	122568
provided in section 9.95 of the Revised Code, and are not subject	122569
to Chapter 133. of the Revised Code. The resolution authorizing	122570
the issuance of the notes shall pledge the funds of the township	122571
public improvement tax increment equivalent fund established	122572
pursuant to section 5709.75 of the Revised Code to pay the	122573
interest on and principal of the notes. The notes, which may	122574
contain a clause permitting prepayment at the option of the board,	122575
shall be offered for sale on the open market or given to the	122576
vendor or contractor if no sale is made.	122577

(I) The township, not later than fifteen days after the	122578
adoption of a resolution under this section, shall submit to the	122579
director of development a copy of the resolution. On or before the	122580
thirty-first day of March of each year, the township shall submit	122581
a status report to the director of development. The report shall	122582
indicate, in the manner prescribed by the director, the progress	122583
of the project during each year that the exemption remains in	122584
effect, including a summary of the receipts from service payments	122585
in lieu of taxes; expenditures of money from the fund created	122586
under section 5709.75 of the Revised Code; a description of the	122587
public infrastructure improvements and housing renovations	122588
financed with the expenditures; and a quantitative summary of	122589
changes in private investment resulting from each project.	122590

(J) Nothing in this section shall be construed to prohibit a	122591
board of township trustees from declaring to be a public purpose	122592
improvements with respect to more than one parcel.	122593

(K) A board of township trustees that adopted a resolution	122594
under this section prior to July 21, 1994, may amend that	122595
resolution to include any additional public infrastructure	122596
improvement. A board of township trustees that seeks by the	122597
amendment to utilize money from its township public improvement	122598
tax increment equivalent fund for land acquisition in aid of	122599
industry, commerce, distribution, or research, demolition on	122600
private property, or stormwater and flood remediation projects may	122601
do so provided that the board currently is a party to a	122602
hold-harmless agreement with the board of education of ~~the~~each	122603
city, local, or exempted village, and joint vocational school	122604
district within the territory of which are located the parcels	122605
that are subject to an exemption. For the purposes of this	122606
division, a "hold-harmless agreement" means an agreement under	122607
which the board of township trustees agrees to compensate the	122608
school district for one hundred per cent of the tax revenue that	122609
the school district would have received from further improvements	122610
to parcels designated in the resolution were it not for the	122611
exemption granted by the resolution.	122612

Sec. 5709.78. (A) A board of county commissioners may, by	122613
resolution, declare improvements to certain parcels of real	122614
property located in the unincorporated territory of the county to	122615
be a public purpose. Except with the approval under division (C)	122616
of this section of the board of education of each city, local, or	122617
exempted village, and joint vocational school district within	122618
which the improvements are located, not more than seventy-five per	122619
cent of an improvement thus declared to be a public purpose may be	122620
exempted from real property taxation, for a period of not more	122621
than ten years. The resolution shall specify the percentage of the	122622
improvement to be exempted and the life of the exemption.	122623

A resolution adopted under this division shall designate the	122624
specific public infrastructure improvements made, to be made, or	122625
in the process of being made by the county that directly benefit,	122626
or that once made will directly benefit, the parcels for which	122627
improvements are declared to be a public purpose. The service	122628
payments provided for in section 5709.79 of the Revised Code shall	122629
be used to finance the public infrastructure improvements	122630
designated in the resolution, or as provided in section 5709.80 of	122631
the Revised Code.	122632

(B)(1) A board of county commissioners may adopt a resolution	122633
creating an incentive district and declaring improvements to	122634
parcels within the district to be a public purpose and, except as	122635
provided in division (E) of this section, exempt from taxation as	122636
provided in this section, but no board of county commissioners of	122637
a county that has a population that exceeds twenty-five thousand,	122638
as shown by the most recent federal decennial census, shall adopt	122639
a resolution that creates an incentive district if the sum of the	122640
taxable value of real property in the proposed district for the	122641
preceding tax year and the taxable value of all real property in	122642
the county that would have been taxable in the preceding year were	122643
it not for the fact that the property was in an existing incentive	122644
district and therefore exempt from taxation exceeds twenty-five	122645
per cent of the taxable value of real property in the county for	122646
the preceding tax year. The district shall be located within the	122647
unincorporated territory of the county and shall not include any	122648
territory that is included within a district created under	122649
division (C) of section 5709.73 of the Revised Code. The	122650
resolution shall delineate the boundary of the district and	122651
specifically identify each parcel within the district. A district	122652
may not include any parcel that is or has been exempted from	122653
taxation under division (A) of this section or that is or has been	122654
within another district created under this division. A resolution	122655
may create more than one such district, and more than one	122656
resolution may be adopted under division (B)(1) of this section.	122657

(2) Not later than thirty days prior to adopting a resolution	122658
under division (B)(1) of this section, if the county intends to	122659
apply for exemptions from taxation under section 5709.911 of the	122660
Revised Code on behalf of owners of real property located within	122661
the proposed incentive district, the board of county commissioners	122662
shall conduct a public hearing on the proposed resolution. Not	122663
later than thirty days prior to the public hearing, the board	122664
shall give notice of the public hearing and the proposed	122665
resolution by first class mail to every real property owner whose	122666
property is located within the boundaries of the proposed	122667
incentive district that is the subject of the proposed resolution.	122668
The board also shall provide the notice by first class mail to the	122669
clerk of each township in which the proposed incentive district	122670
will be located.	122671

(3)(a) A resolution adopted under division (B)(1) of this	122672
section shall specify the life of the incentive district and the	122673
percentage of the improvements to be exempted, shall designate the	122674
public infrastructure improvements made, to be made, or in the	122675
process of being made, that benefit or serve, or, once made, will	122676
benefit or serve parcels in the district. The resolution also	122677
shall identify one or more specific projects being, or to be,	122678
undertaken in the district that place additional demand on the	122679
public infrastructure improvements designated in the resolution.	122680
The project identified may, but need not be, the project under	122681
division (B)(3)(b) of this section that places real property in	122682
use for commercial or industrial purposes.	122683

A resolution adopted under division (B)(1) of this section on	122684
or after ~~the effective date of this amendment~~March 30, 2006,	122685
shall not designate police or fire equipment as public	122686
infrastructure improvements, and no service payment provided for	122687
in section 5709.79 of the Revised Code and received by the county	122688
under the resolution shall be used for police or fire equipment.	122689

(b) A resolution adopted under division (B)(1) of this	122690
section may authorize the use of service payments provided for in	122691
section 5709.79 of the Revised Code for the purpose of housing	122692
renovations within the incentive district, provided that the	122693
resolution also designates public infrastructure improvements that	122694
benefit or serve the district, and that a project within the	122695
district places real property in use for commercial or industrial	122696
purposes. Service payments may be used to finance or support	122697
loans, deferred loans, and grants to persons for the purpose of	122698
housing renovations within the district. The resolution shall	122699
designate the parcels within the district that are eligible for	122700
housing renovations. The resolution shall state separately the	122701
amount or the percentages of the expected aggregate service	122702
payments that are designated for each public infrastructure	122703
improvement and for the purpose of housing renovations.	122704

(4) Except with the approval of the board of education of	122705
each city, local, or exempted village, and joint vocational school	122706
district within the territory of which the incentive district is	122707
or will be located, and subject to division (D) of this section,	122708
the life of an incentive district shall not exceed ten years, and	122709
the percentage of improvements to be exempted shall not exceed	122710
seventy-five per cent. With approval of the board of education,	122711
the life of a district may be not more than thirty years, and the	122712
percentage of improvements to be exempted may be not more than one	122713
hundred per cent. The approval of a board of education shall be	122714
obtained in the manner provided in division (C) of this section.	122715

(C)(1) Improvements with respect to a parcel may be exempted	122716
from taxation under division (A) of this section, and improvements	122717
to parcels within an incentive district may be exempted from	122718
taxation under division (B) of this section, for up to ten years	122719
or, with the approval of the board of education of ~~the~~each city,	122720
local, or exempted village, and joint vocational school district	122721
within which the parcel or district is located, for up to thirty	122722
years. The percentage of the improvements exempted from taxation	122723
may, with such approval, exceed seventy-five per cent, but shall	122724
not exceed one hundred per cent. Not later than forty-five	122725
business days prior to adopting a resolution under this section	122726
declaring improvements to be a public purpose that is subject to	122727
the approval of a board of education under this division, the	122728
board of county commissioners shall deliver to the board of	122729
education a notice stating its intent to adopt a resolution making	122730
that declaration. The notice regarding improvements with respect	122731
to a parcel under division (A) of this section shall identify the	122732
parcels for which improvements are to be exempted from taxation,	122733
provide an estimate of the true value in money of the	122734
improvements, specify the period for which the improvements would	122735
be exempted from taxation and the percentage of the improvements	122736
that would be exempted, and indicate the date on which the board	122737
of county commissioners intends to adopt the resolution. The	122738
notice regarding improvements to parcels within an incentive	122739
district under division (B) of this section shall delineate the	122740
boundaries of the district, specifically identify each parcel	122741
within the district, identify each anticipated improvement in the	122742
district, provide an estimate of the true value in money of each	122743
such improvement, specify the life of the district and the	122744
percentage of improvements that would be exempted, and indicate	122745
the date on which the board of county commissioners intends to	122746
adopt the resolution. The board of education, by resolution	122747
adopted by a majority of the board, may approve the exemption for	122748
the period or for the exemption percentage specified in the	122749
notice; may disapprove the exemption for the number of years in	122750
excess of ten, may disapprove the exemption for the percentage of	122751
the improvements to be exempted in excess of seventy-five per	122752
cent, or both; or may approve the exemption on the condition that	122753
the board of county commissioners and the board of education	122754
negotiate an agreement providing for compensation to the school	122755
district equal in value to a percentage of the amount of taxes	122756
exempted in the eleventh and subsequent years of the exemption	122757
period or, in the case of exemption percentages in excess of	122758
seventy-five per cent, compensation equal in value to a percentage	122759
of the taxes that would be payable on the portion of the	122760
improvements in excess of seventy-five per cent were that portion	122761
to be subject to taxation, or other mutually agreeable	122762
compensation.	122763

(2) The board of education shall certify its resolution to	122764
the board of county commissioners not later than fourteen days	122765
prior to the date the board of county commissioners intends to	122766
adopt its resolution as indicated in the notice. If the board of	122767
education and the board of county commissioners negotiate a	122768
mutually acceptable compensation agreement, the resolution of the	122769
board of county commissioners may declare the improvements a	122770
public purpose for the number of years specified in that	122771
resolution or, in the case of exemption percentages in excess of	122772
seventy-five per cent, for the exemption percentage specified in	122773
the resolution. In either case, if the board of education and the	122774
board of county commissioners fail to negotiate a mutually	122775
acceptable compensation agreement, the resolution may declare the	122776
improvements a public purpose for not more than ten years, and	122777
shall not exempt more than seventy-five per cent of the	122778
improvements from taxation. If the board of education fails to	122779
certify a resolution to the board of county commissioners within	122780
the time prescribed by this section, the board of county	122781
commissioners thereupon may adopt the resolution and may declare	122782
the improvements a public purpose for up to thirty years or, in	122783
the case of exemption percentages proposed in excess of	122784
seventy-five per cent, for the exemption percentage specified in	122785
the resolution. The board of county commissioners may adopt the	122786
resolution at any time after the board of education certifies its	122787
resolution approving the exemption to the board of county	122788
commissioners, or, if the board of education approves the	122789
exemption on the condition that a mutually acceptable compensation	122790
agreement be negotiated, at any time after the compensation	122791
agreement is agreed to by the board of education and the board of	122792
county commissioners.	122793

(3) If a board of education has adopted a resolution waiving	122794
its right to approve exemptions from taxation under this section	122795
and the resolution remains in effect, approval of such exemptions	122796
by the board of education is not required under division (C) of	122797
this section. If a board of education has adopted a resolution	122798
allowing a board of county commissioners to deliver the notice	122799
required under division (C) of this section fewer than forty-five	122800
business days prior to approval of the resolution by the board of	122801
county commissioners, the board of county commissioners shall	122802
deliver the notice to the board of education not later than the	122803
number of days prior to such approval as prescribed by the board	122804
of education in its resolution. If a board of education adopts a	122805
resolution waiving its right to approve exemptions or shortening	122806
the notification period, the board of education shall certify a	122807
copy of the resolution to the board of county commissioners. If	122808
the board of education rescinds such a resolution, it shall	122809
certify notice of the rescission to the board of county	122810
commissioners.	122811

(D)(1) If a proposed resolution under division (B)(1) of this	122812
section exempts improvements with respect to a parcel within an	122813
incentive district for more than ten years, or the percentage of	122814
the improvement exempted from taxation exceeds seventy-five per	122815
cent, not later than forty-five business days prior to adopting	122816
the resolution the board of county commissioners shall deliver to	122817
the board of township trustees of any township within which the	122818
incentive district is or will be located a notice that states its	122819
intent to adopt a resolution creating an incentive district. The	122820
notice shall include a copy of the proposed resolution, identify	122821
the parcels for which improvements are to be exempted from	122822
taxation, provide an estimate of the true value in money of the	122823
improvements, specify the period of time for which the	122824
improvements would be exempted from taxation, specify the	122825
percentage of the improvements that would be exempted from	122826
taxation, and indicate the date on which the board intends to	122827
adopt the resolution.	122828

(2) The board of township trustees, by resolution adopted by	122829
a majority of the board, may object to the exemption for the	122830
number of years in excess of ten, may object to the exemption for	122831
the percentage of the improvement to be exempted in excess of	122832
seventy-five per cent, or both. If the board of township trustees	122833
objects, the board of township trustees may negotiate a mutually	122834
acceptable compensation agreement with the board of county	122835
commissioners. In no case shall the compensation provided to the	122836
board of township trustees exceed the property taxes ~~foregone~~	122837
forgone due to the exemption. If the board of township trustees	122838
objects, and the board of township trustees and the board of	122839
county commissioners fail to negotiate a mutually acceptable	122840
compensation agreement, the resolution adopted under division	122841
(B)(1) of this section shall provide to the board of township	122842
trustees compensation in the eleventh and subsequent years of the	122843
exemption period equal in value to not more than fifty per cent of	122844
the taxes that would be payable to the township or, if the board	122845
of township trustee's objection includes an objection to an	122846
exemption percentage in excess of seventy-five per cent,	122847
compensation equal in value to not more than fifty per cent of the	122848
taxes that would be payable to the township on the portion of the	122849
improvement in excess of seventy-five per cent, were that portion	122850
to be subject to taxation. The board of township trustees shall	122851
certify its resolution to the board of county commissioners not	122852
later than thirty days after receipt of the notice.	122853

(3) If the board of township trustees does not object or	122854
fails to certify a resolution objecting to an exemption within	122855
thirty days after receipt of the notice, the board of county	122856
commissioners may adopt its resolution, and no compensation shall	122857
be provided to the board of township trustees. If the board of	122858
township trustees certifies its resolution objecting to the	122859
commissioners' resolution, the board of county commissioners may	122860
adopt its resolution at any time after a mutually acceptable	122861
compensation agreement is agreed to by the board of county	122862
commissioners and the board of township trustees. If the board of	122863
township trustees certifies a resolution objecting to the	122864
commissioners' resolution, the board of county commissioners may	122865
adopt its resolution at any time after a mutually acceptable	122866
compensation agreement is agreed to by the board of county	122867
commissioners and the board of township trustees, or, if no	122868
compensation agreement is negotiated, at any time after the board	122869
of county commissioners in the proposed resolution to provide	122870
compensation to the board of township trustees of fifty per cent	122871
of the taxes that would be payable to the township in the eleventh	122872
and subsequent years of the exemption period or on the portion of	122873
the improvement in excess of seventy-five per cent, were that	122874
portion to be subject to taxation.	122875

(E) Service payments in lieu of taxes that are attributable	122876
to any amount by which the effective tax rate of either a renewal	122877
levy with an increase or a replacement levy exceeds the effective	122878
tax rate of the levy renewed or replaced, or that are attributable	122879
to an additional levy, for a levy authorized by the voters for any	122880
of the following purposes on or after January 1, 2006, and which	122881
are provided pursuant to a resolution creating an incentive	122882
district under division (B)(1) of this section that is adopted on	122883
or after January 1, 2006, shall be distributed to the appropriate	122884
taxing authority as required under division (D) of section 5709.79	122885
of the Revised Code in an amount equal to the amount of taxes from	122886
that additional levy or from the increase in the effective tax	122887
rate of such renewal or replacement levy that would have been	122888
payable to that taxing authority from the following levies were it	122889
not for the exemption authorized under division (B) of this	122890
section:	122891

(1) A tax levied under division (L) of section 5705.19 or	122892
section 5705.191 of the Revised Code for community mental	122893
retardation and developmental disabilities programs and services	122894
pursuant to Chapter 5126. of the Revised Code;	122895

(2) A tax levied under division (Y) of section 5705.19 of the	122896
Revised Code for providing or maintaining senior citizens services	122897
or facilities;	122898

(3) A tax levied under section 5705.22 of the Revised Code	122899
for county hospitals;	122900

(4) A tax levied by a joint-county district or by a county	122901
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	122902
for alcohol, drug addiction, and mental health services or	122903
facilities;	122904

(5) A tax levied under section 5705.23 of the Revised Code	122905
for library purposes;	122906

(6) A tax levied under section 5705.24 of the Revised Code	122907
for the support of children services and the placement and care of	122908
children;	122909

(7) A tax levied under division (Z) of section 5705.19 of the	122910
Revised Code for the provision and maintenance of zoological park	122911
services and facilities under section 307.76 of the Revised Code;	122912

(8) A tax levied under section 511.27 or division (H) of	122913
section 5705.19 of the Revised Code for the support of township	122914
park districts;	122915

(9) A tax levied under division (A), (F), or (H) of section	122916
5705.19 of the Revised Code for parks and recreational purposes of	122917
a joint recreation district organized pursuant to division (B) of	122918
section 755.14 of the Revised Code;	122919

(10) A tax levied under section 1545.20 or 1545.21 of the	122920
Revised Code for park district purposes;	122921

(11) A tax levied under section 5705.191 of the Revised Code	122922
for the purpose of making appropriations for public assistance;	122923
human or social services; public relief; public welfare; public	122924
health and hospitalization; and support of general hospitals;	122925

(12) A tax levied under section 3709.29 of the Revised Code	122926
for a general health district program.	122927

(F) An exemption from taxation granted under this section	122928
commences with the tax year specified in the resolution so long as	122929
the year specified in the resolution commences after the effective	122930
date of the resolution. If the resolution specifies a year	122931
commencing before the effective date of the resolution or	122932
specifies no year whatsoever, the exemption commences with the tax	122933
year in which an exempted improvement first appears on the tax	122934
list and duplicate of real and public utility property and that	122935
commences after the effective date of the resolution. Except as	122936
otherwise provided in this division, the exemption ends on the	122937
date specified in the resolution as the date the improvement	122938
ceases to be a public purpose or the incentive district expires,	122939
or ends on the date on which the county can no longer require	122940
annual service payments in lieu of taxes under section 5709.79 of	122941
the Revised Code, whichever occurs first. The exemption of an	122942
improvement with respect to a parcel or within an incentive	122943
district may end on a later date, as specified in the resolution,	122944
if the board of commissioners and the board of education of ~~the~~	122945
each city, local, or exempted village, and joint vocational school	122946
district within which the parcel or district is located have	122947
entered into a compensation agreement under section 5709.82 of the	122948
Revised Code with respect to the improvement, and the board of	122949
education has approved the term of the exemption under division	122950
(C)(1) of this section, but in no case shall the improvement be	122951
exempted from taxation for more than thirty years. Exemptions	122952
shall be claimed and allowed in the same or a similar manner as in	122953
the case of other real property exemptions. If an exemption status	122954
changes during a tax year, the procedure for the apportionment of	122955
the taxes for that year is the same as in the case of other	122956
changes in tax exemption status during the year.	122957

(G) If the board of county commissioners is not required by	122958
this section to notify the board of education of the board of	122959
county commissioners' intent to declare improvements to be a	122960
public purpose, the board of county commissioners shall comply	122961
with the notice requirements imposed under section 5709.83 of the	122962
Revised Code before taking formal action to adopt the resolution	122963
making that declaration, unless the board of education has adopted	122964
a resolution under that section waiving its right to receive such	122965
a notice.	122966

(H) The county, not later than fifteen days after the	122967
adoption of a resolution under this section, shall submit to the	122968
director of development a copy of the resolution. On or before the	122969
thirty-first day of March of each year, the county shall submit a	122970
status report to the director of development. The report shall	122971
indicate, in the manner prescribed by the director, the progress	122972
of the project during each year that an exemption remains in	122973
effect, including a summary of the receipts from service payments	122974
in lieu of taxes; expenditures of money from the fund created	122975
under section 5709.80 of the Revised Code; a description of the	122976
public infrastructure improvements and housing renovations	122977
financed with such expenditures; and a quantitative summary of	122978
changes in employment and private investment resulting from each	122979
project.	122980

(I) Nothing in this section shall be construed to prohibit a	122981
board of county commissioners from declaring to be a public	122982
purpose improvements with respect to more than one parcel.	122983

Sec. 5713.01. (A) Each county shall be the unit for	122984
assessing real estate for taxation purposes. The county auditor	122985
shall be the assessor of all the real estate in the auditor's	122986
county for purposes of taxation, but this section does not affect	122987
the power conferred by Chapter 5727. of the Revised Code upon the	122988
tax commissioner regarding the valuation and assessment of real	122989
property used in railroad operations.	122990

(B) The auditor shall assess all the real estate situated in	122991
the county at its taxable value in accordance with sections	122992
5713.03, 5713.31, and 5715.01 of the Revised Code and with the	122993
rules and methods applicable to the auditor's county adopted,	122994
prescribed, and promulgated by the tax commissioner. The auditor	122995
shall view and appraise or cause to be viewed and appraised at its	122996
true value in money, each lot or parcel of real estate, including	122997
land devoted exclusively to agricultural use, and the improvements	122998
located thereon at least once in each six-year period and the	122999
taxable values required to be derived therefrom shall be placed on	123000
the auditor's tax list and the county treasurer's duplicate for	123001
the tax year ordered by the commissioner pursuant to section	123002
5715.34 of the Revised Code. The commissioner may grant an	123003
extension of one year or less if the commissioner finds that good	123004
cause exists for the extension. When the auditor so views and	123005
appraises, the auditor may enter each structure located thereon to	123006
determine by actual view what improvements have been made therein	123007
or additions made thereto since the next preceding valuation. The	123008
auditor shall revalue and assess at any time all or any part of	123009
the real estate in such county, including land devoted exclusively	123010
to agricultural use, where the auditor finds that the true or	123011
taxable values thereof have changed, and when a conservation	123012
easement is created under sections 5301.67 to 5301.70 of the	123013
Revised Code. The auditor may increase or decrease the true or	123014
taxable value of any lot or parcel of real estate in any township,	123015
municipal corporation, or other taxing district by an amount which	123016
will cause all real property on the tax list to be valued as	123017
required by law, or the auditor may increase or decrease the	123018
aggregate value of all real property, or any class of real	123019
property, in the county, township, municipal corporation, or other	123020
taxing district, or in any ward or other division of a municipal	123021
corporation by a per cent or amount which will cause all property	123022
to be properly valued and assessed for taxation in accordance with	123023
Section 36, Article II, Section 2, Article XII, Ohio Constitution,	123024
this section, and sections 5713.03, 5713.31, and 5715.01 of the	123025
Revised Code.	123026

(C) When the auditor determines to reappraise all the real	123027
estate in the county or any class thereof, when the tax	123028
commissioner orders an increase in the aggregate true or taxable	123029
value of the real estate in any taxing subdivision, or when the	123030
taxable value of real estate is increased by the application of a	123031
uniform taxable value per cent of true value pursuant to the order	123032
of the commissioner, the auditor shall advertise the completion of	123033
the reappraisal or equalization action in a newspaper of general	123034
circulation in the county once a week for the three consecutive	123035
weeks next preceding the issuance of the tax bills, or as provided	123036
in section 7.16 of the Revised Code for the two consecutive weeks	123037
next preceding the issuance of the tax bills. When the auditor	123038
changes the true or taxable value of any individual parcels of	123039
real estate, the auditor shall notify the owner of the real	123040
estate, or the person in whose name the same stands charged on the	123041
duplicate, by mail or in person, of the changes the auditor has	123042
made in the assessments of such property. Such notice shall be	123043
given at least thirty days prior to the issuance of the tax bills.	123044
Failure to receive notice shall not invalidate any proceeding	123045
under this section.	123046

(D) The auditor shall make the necessary abstracts from books	123047
of the auditor's office containing descriptions of real estate in	123048
such county, together with such platbooks and lists of transfers	123049
of title to land as the auditor deems necessary in the performance	123050
of the auditor's duties in valuing such property for taxation.	123051
Such abstracts, platbooks, and lists shall be in such form and	123052
detail as the tax commissioner prescribes.	123053

(E) The auditor, with the approval of the tax commissioner,	123054
may appoint and employ such experts, deputies, clerks, or other	123055
employees as the auditor deems necessary to the performance of the	123056
auditor's duties as assessor, or, with the approval of the tax	123057
commissioner, the auditor may enter into a contract with an	123058
individual, partnership, firm, company, or corporation to do all	123059
or any part of the work; the amount to be expended in the payment	123060
of the compensation of such employees shall be fixed by the board	123061
of county commissioners. If, in the opinion of the auditor, the	123062
board of county commissioners fails to provide a sufficient amount	123063
for the compensation of such employees, the auditor may apply to	123064
the tax commissioner for an additional allowance, and the	123065
additional amount of compensation allowed by the commissioner	123066
shall be certified to the board of county commissioners, and the	123067
same shall be final. The salaries and compensation of such	123068
experts, deputies, clerks, and employees shall be paid upon the	123069
warrant of the auditor out of the general fund or the real estate	123070
assessment fund of the county, or both. If the salaries and	123071
compensation are in whole or in part fixed by the commissioner,	123072
they shall constitute a charge against the county regardless of	123073
the amount of money in the county treasury levied or appropriated	123074
for such purposes.	123075

(F) Any contract for goods or services related to the	123076
auditor's duties as assessor, including contracts for mapping,	123077
computers, and reproduction on any medium of any documents,	123078
records, photographs, microfiche, or magnetic tapes, but not	123079
including contracts for the professional services of an appraiser,	123080
shall be awarded pursuant to the competitive bidding procedures	123081
set forth in sections 307.86 to 307.92 of the Revised Code and	123082
shall be paid for, upon the warrant of the auditor, from the real	123083
estate assessment fund.	123084

(G) Experts, deputies, clerks, and other employees, in	123085
addition to their other duties, shall perform such services as the	123086
auditor directs in ascertaining such facts, description, location,	123087
character, dimensions of buildings and improvements, and other	123088
circumstances reflecting upon the value of real estate as will aid	123089
the auditor in fixing its true and taxable value and, in the case	123090
of land valued in accordance with section 5713.31 of the Revised	123091
Code, its current agricultural use value. The auditor may also	123092
summon and examine any person under oath in respect to any matter	123093
pertaining to the value of any real property within the county.	123094

Sec. 5715.17. When the county board of revision has	123095
completed its work of equalization and transmitted the returns to	123096
~~him~~the county auditor, the ~~county~~ auditor shall give notice by	123097
advertising in ~~two newspapers of opposite politics published in~~	123098
~~and~~a newspaper of general circulation throughout the county that	123099
the tax returns for the current year have been revised and the	123100
valuations have been completed and are open for public inspection	123101
in ~~his~~the auditor's office, and that complaints against any	123102
valuation or assessment, except the valuations fixed and	123103
assessments made by the department of taxation, will be heard by	123104
the board, stating in the notice the time and place of the meeting	123105
of such board. Such advertisement shall be inserted in a	123106
conspicuous place in ~~each~~ such newspaper and be published daily	123107
for ten days~~, unless there is no daily newspaper published in and~~	123108
~~of general circulation throughout such county, in which event such~~	123109
~~advertisement shall be so published once each week for two weeks~~	123110
or as provided in section 7.16 of the Revised Code.	123111

The auditor shall, upon request, furnish to any person a	123112
certificate setting forth the assessment and valuation of any	123113
tract, lot, or parcel of real estate or any specific personal	123114
property, and mail the same when requested to do so upon receipt	123115
of sufficient postage.	123116

The auditor shall furnish notice to boards of education of	123117
school districts within the county of all hearings, and the	123118
results of such hearings, held in regard to the reduction or	123119
increasing of tax valuations in excess of one hundred thousand	123120
dollars directly affecting the revenue of such district.	123121

Sec. 5715.23. Annually, immediately after the county board	123122
of revision has acted upon the assessments for the current year as	123123
required under section 5715.16 of the Revised Code and the county	123124
auditor has given notice by advertisement in ~~two newspapers~~a	123125
newspaper of general circulation in the county that the valuations	123126
have been revised and are open for public inspection as provided	123127
in section 5715.17 of the Revised Code, each auditor shall make	123128
out and transmit to the tax commissioner an abstract of the real	123129
property of each taxing district in ~~his~~the auditor's county, in	123130
which hethe auditor shall set forth the aggregate amount and	123131
valuation of each class of real property in such county and in	123132
each taxing district therein as it appears on ~~his~~the auditor's	123133
tax list or the statements and returns on file in ~~his~~the	123134
auditor's office and an abstract of the current year's true value	123135
of land valued for such year under section 5713.31 of the Revised	123136
Code as it appears in the current year's agricultural land tax	123137
list.	123138

Sec. 5715.26. (A)(1) Upon receiving the statement required	123139
by section 5715.25 of the Revised Code, the county auditor shall	123140
forthwith add to or deduct from each tract, lot, or parcel of real	123141
property or class of real property the required percentage or	123142
amount of the valuation thereof, adding or deducting any sum less	123143
than five dollars so that the value of any separate tract, lot, or	123144
parcel of real property shall be ten dollars or some multiple	123145
thereof.	123146

(2) After making the additions or deductions required by this	123147
section, the auditor shall transmit to the tax commissioner the	123148
appropriate adjusted abstract of the real property of each taxing	123149
district in the auditor's county in which an adjustment was	123150
required.	123151

(3) If the commissioner increases or decreases the aggregate	123152
value of the real property or any class thereof in any county or	123153
taxing district thereof and does not receive within ninety days	123154
thereafter an adjusted abstract conforming to its statement for	123155
such county or taxing district therein, the commissioner shall	123156
withhold from such county or taxing district therein fifty per	123157
cent of its share in the distribution of state revenues to local	123158
governments pursuant to sections 5747.50 to 5747.55 of the Revised	123159
Code and shall direct the department of education to withhold	123160
therefrom fifty per cent of state revenues to school districts	123161
pursuant to ~~Chapters 3306. and~~Chapter 3317. of the Revised Code.	123162
The commissioner shall withhold the distribution of such funds	123163
until such county auditor has complied with this division, and the	123164
department shall withhold the distribution of such funds until the	123165
commissioner has notified the department that such county auditor	123166
has complied with this division.	123167

(B)(1) If the commissioner's determination is appealed under	123168
section 5715.251 of the Revised Code, the county auditor,	123169
treasurer, and all other officers shall forthwith proceed with the	123170
levy and collection of the current year's taxes in the manner	123171
prescribed by law. The taxes shall be determined and collected as	123172
if the commissioner had determined under section 5715.24 of the	123173
Revised Code that the real property and the various classes	123174
thereof in the county as shown in the auditor's abstract were	123175
assessed for taxation and the true and agricultural use values	123176
were recorded on the agricultural land tax list as required by	123177
law.	123178

(2) If as a result of the appeal to the board it is finally	123179
determined either that all real property and the various classes	123180
thereof have not been assessed as required by law or that the	123181
values set forth in the agricultural land tax list do not	123182
correctly reflect the true and agricultural use values of the	123183
lands contained therein, the county auditor shall forthwith add to	123184
or deduct from each tract, lot, or parcel of real property or	123185
class of real property the required percentage or amount of the	123186
valuation in accordance with the order of the board or judgment of	123187
the court to which the board's order was appealed, and the taxes	123188
on each tract, lot, or parcel and the percentages required by	123189
section 319.301 of the Revised Code shall be recomputed using the	123190
valuation as finally determined. The order or judgment making the	123191
final determination shall prescribe the time and manner for	123192
collecting, crediting, or refunding the resultant increases or	123193
decreases in taxes.	123194

Sec. 5719.04. (A) Immediately after each settlement required	123195
by division (D) of section 321.24 of the Revised Code the county	123196
auditor shall make a tax list and duplicates thereof of all	123197
general personal and classified property taxes remaining unpaid,	123198
as shown by the county treasurer's books and the list of taxes	123199
returned as delinquent by the treasurer to the auditor at such	123200
settlement. The county auditor shall also include in such list all	123201
taxes assessed by the tax commissioner pursuant to law which were	123202
not charged upon the tax lists and duplicates on which such	123203
settlements were made nor previously charged upon a delinquent tax	123204
list and duplicates pursuant to this section, but the auditor	123205
shall not include taxes specifically excepted from collection	123206
pursuant to section 5711.32 of the Revised Code. Such tax list and	123207
duplicates shall contain the name of the person charged and the	123208
amount of such taxes, and the penalty, due and unpaid, and shall	123209
set forth separately the amount charged or chargeable on the	123210
general and on the classified list and duplicate. The auditor	123211
shall deliver one such duplicate to the treasurer on the first day	123212
of December, annually. Upon receipt of the duplicate the treasurer	123213
may prepare and mail tax bills to all persons charged with such	123214
delinquent taxes. Each bill shall include a notice that the	123215
interest charge prescribed by section 5719.041 of the Revised Code	123216
has begun to accrue.	123217

The auditor shall cause a copy of the delinquent personal and	123218
classified property tax list and duplicate provided for in this	123219
division to be published twice within sixty days after delivery of	123220
such duplicate to the treasurer in a newspaper ~~published in the~~	123221
~~English language in the county and~~ of general circulation ~~therein;~~	123222
~~provided that before~~in the county. The newspaper shall meet the	123223
requirements of section 7.12 of the Revised Code. The auditor may	123224
publish the tax list on a pre-printed insert in the newspaper. The	123225
cost of the second publication of the list shall not exceed	123226
three-fourths of the cost of the first publication of the list.	123227

Before such publication, the auditor shall cause a display	123228
notice of the forthcoming publication of such delinquent personal	123229
and classified property tax list to be inserted once a week for	123230
two consecutive weeks in a newspaper ~~published in the English~~	123231
~~language in the county and~~ of general circulation ~~therein~~in the	123232
county. Copy for such display notice shall be furnished by the	123233
auditor to the newspaper selected to publish such delinquent tax	123234
lists simultaneously with the delivery of the duplicate to the	123235
treasurer. ~~If there is only one newspaper published in the county,~~	123236
~~such display notice and delinquent personal and classified~~	123237
~~property tax lists shall be published in it.~~ Publication of the	123238
delinquent lists may be made by a newspaper in installments,	123239
provided that complete publication thereof is made twice during	123240
said sixty-day period.	123241

The office of the county treasurer shall be kept open to	123242
receive the payment of delinquent general and classified property	123243
taxes from the day of delivery of the duplicate thereof until the	123244
final publication of the delinquent tax list. The name of any	123245
taxpayer who prior to seven days before either the first or second	123246
publication of said list pays such taxes in full or enters into a	123247
delinquent tax contract to pay such taxes in installments pursuant	123248
to section 5719.05 of the Revised Code shall be stricken from such	123249
list, and the taxpayer's name shall not be included in the list	123250
for that publication.	123251

The other such duplicate, from which shall first be	123252
eliminated the names of persons whose total liability for taxes	123253
and penalty is less than one hundred dollars, shall be filed by	123254
the auditor on the first day of December, annually, in the office	123255
of the county recorder, and the same shall constitute a notice of	123256
lien and operate as of the date of delivery as a lien on the lands	123257
and tenements, vested legal interests therein, and permanent	123258
leasehold estates of each person named therein having such real	123259
estate in such county. Such notice of lien and such lien shall not	123260
be valid as against any mortgagee, pledgee, purchaser, or judgment	123261
creditor whose rights have attached prior to the date of such	123262
delivery. Such duplicate shall be kept by the recorder, designated	123263
as the personal tax lien record, and indexed under the name of the	123264
person charged with such tax. No fee shall be charged by the	123265
recorder for the services required under this section.	123266

The auditor shall add to the tax list made pursuant to this	123267
section all such taxes omitted in a previous year when assessed by	123268
the auditor or finally assessed by the tax commissioner pursuant	123269
to law, and by proper certificates cause the same to be added to	123270
the treasurer's delinquent tax duplicate provided for in this	123271
section, and, in proper cases, file notice of the lien with the	123272
recorder, as provided in this section.	123273

If the authority making any assessment believes that the	123274
collection of such taxes will be jeopardized by delay, such	123275
assessing authority shall so certify on the assessment certificate	123276
thereof, and the auditor shall include a certificate of such	123277
jeopardy in the certificate given by the auditor to the treasurer.	123278
In such event the treasurer shall proceed immediately to collect	123279
such taxes, and to enforce the collection thereof by any means	123280
provided by law, and the treasurer may not accept a tender of any	123281
part of such taxes; but the person or the representatives of the	123282
person against whom such assessment is made may, in the event of	123283
an appeal to the tax commissioner therefrom, obtain a stay of	123284
collection of the whole or any part of the amount of such	123285
assessment by filing with the treasurer a bond in an amount not	123286
exceeding double the amount as to which the stay is desired, with	123287
such surety as the treasurer deems necessary, conditioned upon the	123288
payment of the amount determined to be due by the decision of the	123289
commissioner which has become final, and further conditioned that	123290
if an appeal is not filed within the period provided by law, the	123291
amount of collection which is stayed by the bond will be paid on	123292
notice and demand of the treasurer at any time after the	123293
expiration of such period. The taxpayer may waive such stay as to	123294
the whole or any part of the amount covered by the bond, and if as	123295
the result of such waiver any part of the amount covered by the	123296
bond is paid, then the bond shall be proportionately reduced on	123297
the request of the taxpayer.	123298

(B) Immediately after each settlement required by division	123299
(D) of section 321.24 of the Revised Code the auditor shall make a	123300
separate list and duplicate, prepared as prescribed in division	123301
(A) of this section, of all general personal and classified	123302
property taxes that remain unpaid but are excepted from collection	123303
pursuant to section 5711.32 of the Revised Code. The duplicate of	123304
such list shall be delivered to the treasurer at the time of	123305
delivery of the delinquent personal and classified property tax	123306
duplicate.	123307

Sec. 5721.01. (A) As used in this chapter:

123308

(1) "Delinquent lands" means all lands upon which delinquent	123309
taxes, as defined in section 323.01 of the Revised Code, remain	123310
unpaid at the time a settlement is made between the county	123311
treasurer and auditor pursuant to division (C) of section 321.24	123312
of the Revised Code.	123313

(2) "Delinquent vacant lands" means all lands that have been	123314
delinquent lands for at least one year and that are unimproved by	123315
any dwelling.	123316

(3) "County land reutilization corporation" means a county	123317
land reutilization corporation organized under Chapter 1724. of	123318
the Revised Code.	123319

(B) As used in sections 5719.04, 5721.03, and 5721.31 of the	123320
Revised Code and in any other sections of the Revised Code to	123321
which those sections are applicable, a "newspaper" or "newspaper	123322
of general circulation ~~shall be a publication bearing a title or~~	123323
~~name, regularly issued as frequently as once a week for a definite~~	123324
~~price or consideration paid for by not less than fifty per cent of~~	123325
~~those to whom distribution is made, having a second class mailing~~	123326
~~privilege, being not less than four pages, published continuously~~	123327
~~during the immediately preceding one-year period, and circulated~~	123328
~~generally in the political subdivision in which it is published.~~	123329
~~Such publication shall be of a type to which the general public~~	123330
~~resorts for passing events of a political, religious, commercial,~~	123331
~~and social nature, current happenings, announcements,~~	123332
~~miscellaneous reading matter, advertisements, and other notices~~"	123333
has the same meaning as in section 7.12 of the Revised Code.	123334

Sec. 5721.03. (A) At the time of making the delinquent land	123335
list, as provided in section 5721.011 of the Revised Code, the	123336
county auditor shall compile a delinquent tax list consisting of	123337
all lands on the delinquent land list on which taxes have become	123338
delinquent at the close of the collection period immediately	123339
preceding the making of the delinquent land list. The auditor	123340
shall also compile a delinquent vacant land tax list of all	123341
delinquent vacant lands prior to the institution of any	123342
foreclosure and forfeiture actions against delinquent vacant lands	123343
under section 5721.14 of the Revised Code or any foreclosure	123344
actions against delinquent vacant lands under section 5721.18 of	123345
the Revised Code.	123346

The delinquent tax list, and the delinquent vacant land tax	123347
list if one is compiled, shall contain all of the information	123348
included on the delinquent land list, except that, if the	123349
auditor's records show that the name of the person in whose name	123350
the property currently is listed is not the name that appears on	123351
the delinquent land list, the name used in the delinquent tax list	123352
or the delinquent vacant land tax list shall be the name of the	123353
person the auditor's records show as the person in whose name the	123354
property currently is listed.	123355

Lands that have been included in a previously published	123356
delinquent tax list shall not be included in the delinquent tax	123357
list so long as taxes have remained delinquent on such lands for	123358
the entire intervening time.	123359

In either list, there may be included lands that have been	123360
omitted in error from a prior list and lands with respect to which	123361
the auditor has received a certification that a delinquent tax	123362
contract has become void since the publication of the last	123363
previously published list, provided the name of the owner was	123364
stricken from a prior list under section 5721.02 of the Revised	123365
Code.	123366

(B)(1) The auditor shall cause the delinquent tax list and	123367
the delinquent vacant land tax list, if one is compiled, to be	123368
published twice within sixty days after the delivery of the	123369
delinquent land duplicate to the county treasurer, in a newspaper	123370
of general circulation in the county. The newspaper shall meet the	123371
requirements of section 7.12 of the Revised Code. The ~~publication~~	123372
~~shall be printed in the English language~~auditor may publish the	123373
list or lists on a pre-printed insert in the newspaper. The cost	123374
of the second publication of the list or lists shall not exceed	123375
three-fourths of the cost of the first publication of the list or	123376
lists.	123377

The auditor shall insert display notices of the forthcoming	123378
publication of the delinquent tax list and, if it is to be	123379
published, the delinquent vacant land tax list once a week for two	123380
consecutive weeks in a newspaper of general circulation in the	123381
county. The display notices shall contain the times and methods of	123382
payment of taxes provided by law, including information concerning	123383
installment payments made in accordance with a written delinquent	123384
tax contract. The display notice for the delinquent tax list also	123385
shall include a notice that an interest charge will accrue on	123386
accounts remaining unpaid after the last day of November unless	123387
the taxpayer enters into a written delinquent tax contract to pay	123388
such taxes in installments. The display notice for the delinquent	123389
vacant land tax list if it is to be published also shall include a	123390
notice that delinquent vacant lands in the list are lands on which	123391
taxes have remained unpaid for one year after being certified	123392
delinquent, and that they are subject to foreclosure proceedings	123393
as provided in section 323.25, sections 323.65 to 323.79, or	123394
section 5721.18 of the Revised Code, or foreclosure and forfeiture	123395
proceedings as provided in section 5721.14 of the Revised Code.	123396
Each display notice also shall state that the lands are subject to	123397
a tax certificate sale under section 5721.32 or 5721.33 of the	123398
Revised Code or assignment to a county land reutilization	123399
corporation, as the case may be, and shall include any other	123400
information that the auditor considers pertinent to the purpose of	123401
the notice. The display notices shall be furnished by the auditor	123402
to the ~~newspapers~~newspaper selected to publish the lists at	123403
least ten days before their first publication.	123404

(2) Publication of the list or lists may be made by a	123405
newspaper in installments, provided the complete publication of	123406
each list is made twice during the sixty-day period.	123407

(3) There shall be attached to the delinquent tax list a	123408
notice that the delinquent lands will be certified for foreclosure	123409
by the auditor unless the taxes, assessments, interest, and	123410
penalties due and owing on them are paid. There shall be attached	123411
to the delinquent vacant land tax list, if it is to be published,	123412
a notice that delinquent vacant lands will be certified for	123413
foreclosure or foreclosure and forfeiture by the auditor unless	123414
the taxes, assessments, interest, and penalties due and owing on	123415
them are paid within twenty-eight days after the final publication	123416
of the notice.	123417

(4) The auditor shall review the first publication of each	123418
list for accuracy and completeness and may correct any errors	123419
appearing in the list in the second publication.	123420

(C) For the purposes of section 5721.18 of the Revised Code,	123421
land is first certified delinquent on the date of the	123422
certification of the delinquent land list containing that land.	123423

Sec. 5721.04. The proper and necessary expenses of	123424
publishing the delinquent tax lists, delinquent vacant land tax	123425
lists, and display notices provided for by sections 5719.04 and	123426
5721.03 of the Revised Code shall be paid from the county treasury	123427
as county expenses are paid, and the board of county commissioners	123428
shall make provision for them in the annual budget of the county	123429
submitted to the budget commission, and shall make the necessary	123430
appropriations. If the board fails to make such appropriations, or	123431
if an appropriation is insufficient to meet such an expense, any	123432
person interested may apply to the court of common pleas of the	123433
county for an allowance to cover the expense, and the court shall	123434
issue an order instructing the county auditor to issue ~~his~~a	123435
warrant upon the county treasurer for the amount necessary. The	123436
order by the court shall be final and shall be complied with	123437
immediately.	123438

The aggregate amount paid ~~shall~~for publication may be	123439
apportioned by the county auditor among the taxing districts in	123440
which the lands on each list are located in proportion to the	123441
amount of delinquent taxes so advertised in such subdivision, or	123442
the county auditor may charge the property owner of land on a list	123443
a flat fee established under section 319.54 of the Revised Code	123444
for the cost of publishing the list and, if the fee is not paid,	123445
may place the fee upon the tax duplicate as a lien on the land, to	123446
be collected as other taxes. Thereafter, the auditor, in making	123447
~~his~~the auditor's semiannual apportionment of funds, shall retain	123448
at each semiannual apportionment one half the amount apportioned	123449
to each such taxing district. The amounts retained shall be	123450
credited to the general fund of the county until the aggregate of	123451
all amounts paid in the first instance out of the treasury have	123452
been fully reimbursed.	123453

Sec. 5721.18. The county prosecuting attorney, upon the	123454
delivery to the prosecuting attorney by the county auditor of a	123455
delinquent land or delinquent vacant land tax certificate, or of a	123456
master list of delinquent or delinquent vacant tracts, shall	123457
institute a foreclosure proceeding under this section in the name	123458
of the county treasurer to foreclose the lien of the state, in any	123459
court with jurisdiction or in the county board of revision with	123460
jurisdiction pursuant to section 323.66 of the Revised Code,	123461
unless the taxes, assessments, charges, penalties, and interest	123462
are paid prior to the time a complaint is filed, or unless a	123463
foreclosure or foreclosure and forfeiture action has been or will	123464
be instituted under section 323.25, sections 323.65 to 323.79, or	123465
section 5721.14 of the Revised Code. If the delinquent land or	123466
delinquent vacant land tax certificate or the master list of	123467
delinquent or delinquent vacant tracts lists minerals or rights to	123468
minerals listed pursuant to sections 5713.04, 5713.05, and 5713.06	123469
of the Revised Code, the county prosecuting attorney may institute	123470
a foreclosure proceeding in the name of the county treasurer, in	123471
any court with jurisdiction, to foreclose the lien of the state	123472
against such minerals or rights to minerals, unless the taxes,	123473
assessments, charges, penalties, and interest are paid prior to	123474
the time the complaint is filed, or unless a foreclosure or	123475
foreclosure and forfeiture action has been or will be instituted	123476
under section 323.25, sections 323.65 to 323.79, or section	123477
5721.14 of the Revised Code.	123478

The prosecuting attorney shall prosecute the proceeding to	123479
final judgment and satisfaction. Within ten days after obtaining a	123480
judgment, the prosecuting attorney shall notify the treasurer in	123481
writing that judgment has been rendered. If there is a copy of a	123482
written delinquent tax contract attached to the certificate or an	123483
asterisk next to an entry on the master list, or if a copy of a	123484
delinquent tax contract is received from the auditor prior to the	123485
commencement of the proceeding under this section, the prosecuting	123486
attorney shall not institute the proceeding under this section,	123487
unless the prosecuting attorney receives a certification of the	123488
treasurer that the delinquent tax contract has become void.	123489

(A) This division applies to all foreclosure proceedings not	123490
instituted and prosecuted under section 323.25 of the Revised Code	123491
or division (B) or (C) of this section. The foreclosure	123492
proceedings shall be instituted and prosecuted in the same manner	123493
as is provided by law for the foreclosure of mortgages on land,	123494
except that, if service by publication is necessary, such	123495
publication shall be made once a week for three consecutive weeks	123496
instead of as provided by the Rules of Civil Procedure, and the	123497
service shall be complete at the expiration of three weeks after	123498
the date of the first publication. In any proceeding prosecuted	123499
under this section, if the prosecuting attorney determines that	123500
service upon a defendant may be obtained ultimately only by	123501
publication, the prosecuting attorney may cause service to be made	123502
simultaneously by certified mail, return receipt requested,	123503
ordinary mail, and publication.	123504

In any county that has adopted a permanent parcel number	123505
system, the parcel may be described in the notice by parcel number	123506
only, instead of also with a complete legal description, if the	123507
prosecuting attorney determines that the publication of the	123508
complete legal description is not necessary to provide reasonable	123509
notice of the foreclosure proceeding to the interested parties. If	123510
the complete legal description is not published, the notice shall	123511
indicate where the complete legal description may be obtained.	123512

It is sufficient, having been made a proper party to the	123513
foreclosure proceeding, for the treasurer to allege in the	123514
treasurer's complaint that the certificate or master list has been	123515
duly filed by the auditor, that the amount of money appearing to	123516
be due and unpaid is due and unpaid, and that there is a lien	123517
against the property described in the certificate or master list,	123518
without setting forth in the complaint any other or special matter	123519
relating to the foreclosure proceeding. The prayer of the	123520
complaint shall be that the court or the county board of revision	123521
with jurisdiction pursuant to section 323.66 of the Revised Code	123522
issue an order that the property be sold or conveyed by the	123523
sheriff or otherwise be disposed of, and the equity of redemption	123524
be extinguished, according to the alternative redemption	123525
procedures prescribed in sections 323.65 to 323.79 of the Revised	123526
Code, or if the action is in the municipal court by the bailiff,	123527
in the manner provided in section 5721.19 of the Revised Code.	123528

In the foreclosure proceeding, the treasurer may join in one	123529
action any number of lots or lands, but the decree shall be	123530
rendered separately, and any proceedings may be severed, in the	123531
discretion of the court or board of revision, for the purpose of	123532
trial or appeal, and the court or board of revision shall make	123533
such order for the payment of costs as is considered proper. The	123534
certificate or master list filed by the auditor with the	123535
prosecuting attorney is prima-facie evidence at the trial of the	123536
foreclosure action of the amount and validity of the taxes,	123537
assessments, charges, penalties, and interest appearing due and	123538
unpaid and of their nonpayment.	123539

(B) Foreclosure proceedings constituting an action in rem may	123540
be commenced by the filing of a complaint after the end of the	123541
second year from the date on which the delinquency was first	123542
certified by the auditor. Prior to filing such an action in rem,	123543
the prosecuting attorney shall cause a title search to be	123544
conducted for the purpose of identifying any lienholders or other	123545
persons with interests in the property subject to foreclosure.	123546
Following the title search, the action in rem shall be instituted	123547
by filing in the office of the clerk of a court with jurisdiction	123548
a complaint bearing a caption substantially in the form set forth	123549
in division (A) of section 5721.181 of the Revised Code.	123550

Any number of parcels may be joined in one action. Each	123551
separate parcel included in a complaint shall be given a serial	123552
number and shall be separately indexed and docketed by the clerk	123553
of the court in a book kept by the clerk for such purpose. A	123554
complaint shall contain the permanent parcel number of each parcel	123555
included in it, the full street address of the parcel when	123556
available, a description of the parcel as set forth in the	123557
certificate or master list, the name and address of the last known	123558
owner of the parcel if they appear on the general tax list, the	123559
name and address of each lienholder and other person with an	123560
interest in the parcel identified in the title search relating to	123561
the parcel that is required by this division, and the amount of	123562
taxes, assessments, charges, penalties, and interest due and	123563
unpaid with respect to the parcel. It is sufficient for the	123564
treasurer to allege in the complaint that the certificate or	123565
master list has been duly filed by the auditor with respect to	123566
each parcel listed, that the amount of money with respect to each	123567
parcel appearing to be due and unpaid is due and unpaid, and that	123568
there is a lien against each parcel, without setting forth any	123569
other or special matters. The prayer of the complaint shall be	123570
that the court issue an order that the land described in the	123571
complaint be sold in the manner provided in section 5721.19 of the	123572
Revised Code.	123573

(1) Within thirty days after the filing of a complaint, the	123574
clerk of the court in which the complaint was filed shall cause a	123575
notice of foreclosure substantially in the form of the notice set	123576
forth in division (B) of section 5721.181 of the Revised Code to	123577
be published once a week for three consecutive weeks in a	123578
newspaper of general circulation in the county. The newspaper	123579
shall meet the requirements of section 7.12 of the Revised Code.	123580
In any county that has adopted a permanent parcel number system,	123581
the parcel may be described in the notice by parcel number only,	123582
instead of also with a complete legal description, if the	123583
prosecuting attorney determines that the publication of the	123584
complete legal description is not necessary to provide reasonable	123585
notice of the foreclosure proceeding to the interested parties. If	123586
the complete legal description is not published, the notice shall	123587
indicate where the complete legal description may be obtained.	123588

After the third publication, the publisher shall file with	123589
the clerk of the court an affidavit stating the fact of the	123590
publication and including a copy of the notice of foreclosure as	123591
published. Service of process for purposes of the action in rem	123592
shall be considered as complete on the date of the last	123593
publication.	123594

Within thirty days after the filing of a complaint and before	123595
the final date of publication of the notice of foreclosure, the	123596
clerk of the court also shall cause a copy of a notice	123597
substantially in the form of the notice set forth in division (C)	123598
of section 5721.181 of the Revised Code to be mailed by certified	123599
mail, with postage prepaid, to each person named in the complaint	123600
as being the last known owner of a parcel included in it, or as	123601
being a lienholder or other person with an interest in a parcel	123602
included in it. The notice shall be sent to the address of each	123603
such person, as set forth in the complaint, and the clerk shall	123604
enter the fact of such mailing upon the appearance docket. If the	123605
name and address of the last known owner of a parcel included in a	123606
complaint is not set forth in it, the auditor shall file an	123607
affidavit with the clerk stating that the name and address of the	123608
last known owner does not appear on the general tax list.	123609

(2)(a) An answer may be filed in an action in rem under this	123610
division by any person owning or claiming any right, title, or	123611
interest in, or lien upon, any parcel described in the complaint.	123612
The answer shall contain the caption and number of the action and	123613
the serial number of the parcel concerned. The answer shall set	123614
forth the nature and amount of interest claimed in the parcel and	123615
any defense or objection to the foreclosure of the lien of the	123616
state for delinquent taxes, assessments, charges, penalties, and	123617
interest as shown in the complaint. The answer shall be filed in	123618
the office of the clerk of the court, and a copy of the answer	123619
shall be served on the prosecuting attorney, not later than	123620
twenty-eight days after the date of final publication of the	123621
notice of foreclosure. If an answer is not filed within such time,	123622
a default judgment may be taken as to any parcel included in a	123623
complaint as to which no answer has been filed. A default judgment	123624
is valid and effective with respect to all persons owning or	123625
claiming any right, title, or interest in, or lien upon, any such	123626
parcel, notwithstanding that one or more of such persons are	123627
minors, incompetents, absentees or nonresidents of the state, or	123628
convicts in confinement.	123629

(b)(i) A receiver appointed pursuant to divisions (C)(2) and	123630
(3) of section 3767.41 of the Revised Code may file an answer	123631
pursuant to division (B)(2)(a) of this section, but is not	123632
required to do so as a condition of receiving proceeds in a	123633
distribution under division (B)(1) of section 5721.17 of the	123634
Revised Code.	123635

(ii) When a receivership under section 3767.41 of the Revised	123636
Code is associated with a parcel, the notice of foreclosure set	123637
forth in division (B) of section 5721.181 of the Revised Code and	123638
the notice set forth in division (C) of that section shall be	123639
modified to reflect the provisions of division (B)(2)(b)(i) of	123640
this section.	123641

(3) At the trial of an action in rem under this division, the	123642
certificate or master list filed by the auditor with the	123643
prosecuting attorney shall be prima-facie evidence of the amount	123644
and validity of the taxes, assessments, charges, penalties, and	123645
interest appearing due and unpaid on the parcel to which the	123646
certificate or master list relates and their nonpayment. If an	123647
answer is properly filed, the court may, in its discretion, and	123648
shall, at the request of the person filing the answer, grant a	123649
severance of the proceedings as to any parcel described in such	123650
answer for purposes of trial or appeal.	123651

(C) In addition to the actions in rem authorized under	123652
division (B) of this section and section 5721.14 of the Revised	123653
Code, an action in rem may be commenced under this division. An	123654
action commenced under this division shall conform to all of the	123655
requirements of division (B) of this section except as follows:	123656

(1) The prosecuting attorney shall not cause a title search	123657
to be conducted for the purpose of identifying any lienholders or	123658
other persons with interests in the property subject to	123659
foreclosure, except that the prosecuting attorney shall cause a	123660
title search to be conducted to identify any receiver's lien.	123661

(2) The names and addresses of lienholders and persons with	123662
an interest in the parcel shall not be contained in the complaint,	123663
and notice shall not be mailed to lienholders and persons with an	123664
interest as provided in division (B)(1) of this section, except	123665
that the name and address of a receiver under section 3767.41 of	123666
the Revised Code shall be contained in the complaint and notice	123667
shall be mailed to the receiver.	123668

(3) With respect to the forms applicable to actions commenced	123669
under division (B) of this section and contained in section	123670
5721.181 of the Revised Code:	123671

(a) The notice of foreclosure prescribed by division (B) of	123672
section 5721.181 of the Revised Code shall be revised to exclude	123673
any reference to the inclusion of the name and address of each	123674
lienholder and other person with an interest in the parcel	123675
identified in a statutorily required title search relating to the	123676
parcel, and to exclude any such names and addresses from the	123677
published notice, except that the revised notice shall refer to	123678
the inclusion of the name and address of a receiver under section	123679
3767.41 of the Revised Code and the published notice shall include	123680
the receiver's name and address. The notice of foreclosure also	123681
shall include the following in boldface type:	123682

"If pursuant to the action the parcel is sold, the sale shall	123683
not affect or extinguish any lien or encumbrance with respect to	123684
the parcel other than a receiver's lien and other than the lien	123685
for land taxes, assessments, charges, interest, and penalties for	123686
which the lien is foreclosed and in satisfaction of which the	123687
property is sold. All other liens and encumbrances with respect to	123688
the parcel shall survive the sale."	123689

(b) The notice to the owner, lienholders, and other persons	123690
with an interest in a parcel shall be a notice only to the owner	123691
and to any receiver under section 3767.41 of the Revised Code, and	123692
the last two sentences of the notice shall be omitted.	123693

(4) As used in this division, a "receiver's lien" means the	123694
lien of a receiver appointed pursuant to divisions (C)(2) and (3)	123695
of section 3767.41 of the Revised Code that is acquired pursuant	123696
to division (H)(2)(b) of that section for any unreimbursed	123697
expenses and other amounts paid in accordance with division (F) of	123698
that section by the receiver and for the fees of the receiver	123699
approved pursuant to division (H)(1) of that section.	123700

(D) If the prosecuting attorney determines that an action in	123701
rem under division (B) or (C) of this section is precluded by law,	123702
then foreclosure proceedings shall be filed pursuant to division	123703
(A) of this section, and the complaint in the action in personam	123704
shall set forth the grounds upon which the action in rem is	123705
precluded.	123706

(E) The conveyance by the owner of any parcel against which a	123707
complaint has been filed pursuant to this section at any time	123708
after the date of publication of the parcel on the delinquent tax	123709
list but before the date of a judgment of foreclosure pursuant to	123710
section 5721.19 of the Revised Code shall not nullify the right of	123711
the county to proceed with the foreclosure.	123712

Sec. 5721.19. (A) In its judgment of foreclosure rendered	123713
with respect to actions filed pursuant to section 5721.18 of the	123714
Revised Code, the court or the county board of revision with	123715
jurisdiction pursuant to section 323.66 of the Revised Code shall	123716
enter a finding with respect to each parcel of the amount of the	123717
taxes, assessments, charges, penalties, and interest, and the	123718
costs incurred in the foreclosure proceeding instituted against	123719
it, that are due and unpaid. The court or the county board of	123720
revision shall order such premises to be transferred pursuant to	123721
division (I) of this section or may order each parcel to be sold,	123722
without appraisal, for not less than either of the following:	123723

(1) The fair market value of the parcel, as determined by the	123724
county auditor, plus the costs incurred in the foreclosure	123725
proceeding;	123726

(2) The total amount of the finding entered by the court or	123727
the county board of revision, including all taxes, assessments,	123728
charges, penalties, and interest payable subsequent to the	123729
delivery to the county prosecuting attorney of the delinquent land	123730
tax certificate or master list of delinquent tracts and prior to	123731
the transfer of the deed of the parcel to the purchaser following	123732
confirmation of sale, plus the costs incurred in the foreclosure	123733
proceeding. For purposes of determining such amount, the county	123734
treasurer may estimate the amount of taxes, assessments, interest,	123735
penalties, and costs that will be payable at the time the deed of	123736
the property is transferred to the purchaser.	123737

Notwithstanding the minimum sales price provisions of	123738
divisions (A)(1) and (2) of this section to the contrary, a parcel	123739
sold pursuant to this section shall not be sold for less than the	123740
amount described in division (A)(2) of this section if the highest	123741
bidder is the owner of record of the parcel immediately prior to	123742
the judgment of foreclosure or a member of the following class of	123743
parties connected to that owner: a member of that owner's	123744
immediate family, a person with a power of attorney appointed by	123745
that owner who subsequently transfers the parcel to the owner, a	123746
sole proprietorship owned by that owner or a member of that	123747
owner's immediate family, or a partnership, trust, business trust,	123748
corporation, or association in which the owner or a member of the	123749
owner's immediate family owns or controls directly or indirectly	123750
more than fifty per cent. If a parcel sells for less than the	123751
amount described in division (A)(2) of this section, the officer	123752
conducting the sale shall require the buyer to complete an	123753
affidavit stating that the buyer is not the owner of record	123754
immediately prior to the judgment of foreclosure or a member of	123755
the specified class of parties connected to that owner, and the	123756
affidavit shall become part of the court records of the	123757
proceeding. If the county auditor discovers within three years	123758
after the date of the sale that a parcel was sold to that owner or	123759
a member of the specified class of parties connected to that owner	123760
for a price less than the amount so described, and if the parcel	123761
is still owned by that owner or a member of the specified class of	123762
parties connected to that owner, the auditor within thirty days	123763
after such discovery shall add the difference between that amount	123764
and the sale price to the amount of taxes that then stand charged	123765
against the parcel and is payable at the next succeeding date for	123766
payment of real property taxes. As used in this paragraph,	123767
"immediate family" means a spouse who resides in the same	123768
household and children.	123769

(B) Each parcel affected by the court's finding and order of	123770
sale shall be separately sold, unless the court orders any of such	123771
parcels to be sold together.	123772

Each parcel shall be advertised and sold by the officer to	123773
whom the order of sale is directed in the manner provided by law	123774
for the sale of real property on execution. The advertisement for	123775
sale of each parcel shall be published once a week for three	123776
consecutive weeks and shall include the date on which a second	123777
sale will be conducted if no bid is accepted at the first sale.	123778
Any number of parcels may be included in one advertisement.	123779

The notice of the advertisement shall be substantially in the	123780
form of the notice set forth in section 5721.191 of the Revised	123781
Code. In any county that has adopted a permanent parcel number	123782
system, the parcel may be described in the notice by parcel number	123783
only, instead of also with a complete legal description, if the	123784
prosecuting attorney determines that the publication of the	123785
complete legal description is not necessary to provide reasonable	123786
notice of the foreclosure sale to potential bidders. If the	123787
complete legal description is not published, the notice shall	123788
indicate where the complete legal description may be obtained.	123789

(C)(1) Whenever the officer charged to conduct the sale	123790
offers any parcel for sale the officer first shall read aloud a	123791
complete legal description of the parcel, or in the alternative,	123792
may read aloud only a summary description, including the complete	123793
street address of the parcel, if any, and a parcel number if the	123794
county has adopted a permanent parcel number system and if the	123795
advertising notice prepared pursuant to this section includes a	123796
complete legal description or indicates where the complete legal	123797
description may be obtained. Whenever the officer charged to	123798
conduct the sale offers any parcel for sale and no bids are made	123799
equal to the lesser of the amounts described in divisions (A)(1)	123800
and (2) of this section, the officer shall adjourn the sale of the	123801
parcel to the second date that was specified in the advertisement	123802
of sale. The second date shall be not less than two weeks or more	123803
than six weeks from the day on which the parcel was first offered	123804
for sale. The second sale shall be held at the same place and	123805
commence at the same time as set forth in the advertisement of	123806
sale. The officer shall offer any parcel not sold at the first	123807
sale. Upon the conclusion of any sale, or if any parcel remains	123808
unsold after being offered at two sales, the officer conducting	123809
the sale shall report the results to the court.	123810

(2)(a) If a parcel remains unsold after being offered at two	123811
sales, or one sale in the case of abandoned lands foreclosed under	123812
sections 323.65 to 323.79 of the Revised Code, or if a parcel	123813
sells at any sale but the amount of the price is less than the	123814
costs incurred in the proceeding instituted against the parcel	123815
under section 5721.18 of the Revised Code, then the clerk of the	123816
court shall certify to the county auditor the amount of those	123817
costs that remains unpaid. At the next semiannual apportionment of	123818
real property taxes that occurs following any such certification,	123819
the auditor shall reduce the real property taxes that the auditor	123820
otherwise would distribute to each taxing district. In making the	123821
reductions, the auditor shall subtract from the otherwise	123822
distributable real property taxes to a taxing district an amount	123823
that shall be determined by multiplying the certified costs by a	123824
fraction the numerator of which shall be the amount of the taxes,	123825
assessments, charges, penalties, and interest on the parcel owed	123826
to that taxing district at the time the parcel first was offered	123827
for sale pursuant to this section, and the denominator of which	123828
shall be the total of the taxes, assessments, charges, penalties,	123829
and interest on the parcel owed to all the taxing districts at	123830
that time. The auditor promptly shall pay to the clerk of the	123831
court the amounts of the reductions.	123832

(b) If reductions occur pursuant to division (C)(2)(a) of	123833
this section, and if at a subsequent time a parcel is sold at a	123834
foreclosure sale or a forfeiture sale pursuant to Chapter 5723. of	123835
the Revised Code, then, notwithstanding other provisions of the	123836
Revised Code, except section 5721.17 of the Revised Code,	123837
governing the distribution of the proceeds of a foreclosure or	123838
forfeiture sale, the proceeds first shall be distributed to	123839
reimburse the taxing districts subjected to reductions in their	123840
otherwise distributable real property taxes. The distributions	123841
shall be based on the same proportions used for purposes of	123842
division (C)(2)(a) of this section.	123843

(3) The court, in its discretion, may order any parcel not	123844
sold pursuant to the original order of sale to be advertised and	123845
offered for sale at a subsequent foreclosure sale. For such	123846
purpose, the court may direct the parcel to be appraised and fix a	123847
minimum price for which it may be sold.	123848

(D) Except as otherwise provided in division (B)(1) of	123849
section 5721.17 of the Revised Code, upon the confirmation of a	123850
sale, the proceeds of the sale shall be applied as follows:	123851

(1) The costs incurred in any proceeding filed against the	123852
parcel pursuant to section 5721.18 of the Revised Code shall be	123853
paid first.	123854

(2) Following the payment required by division (D)(1) of this	123855
section, the part of the proceeds that is equal to five per cent	123856
of the taxes and assessments due shall be deposited in equal	123857
shares into each of the delinquent tax and assessment collection	123858
~~fund~~funds created pursuant to section 321.261 of the Revised	123859
Code. If a county land reutilization corporation is operating in	123860
the county, the board of county commissioners, by resolution, may	123861
provide that an additional amount, not to exceed five per cent of	123862
such taxes and assessments, shall be credited to the county land	123863
reutilization corporation fund created by section 321.263 of the	123864
Revised Code to pay for the corporation's expenses. If such a	123865
resolution is in effect, the percentage of such taxes and	123866
assessments so provided shall be credited to that fund.	123867

(3) Following the payment required by division (D)(2) of this	123868
section, the amount found due for taxes, assessments, charges,	123869
penalties, and interest shall be paid, including all taxes,	123870
assessments, charges, penalties, and interest payable subsequent	123871
to the delivery to the county prosecuting attorney of the	123872
delinquent land tax certificate or master list of delinquent	123873
tracts and prior to the transfer of the deed of the parcel to the	123874
purchaser following confirmation of sale. If the proceeds	123875
available for distribution pursuant to division (D)(3) of this	123876
section are sufficient to pay the entire amount of those taxes,	123877
assessments, charges, penalties, and interest, the portion of the	123878
proceeds representing taxes, interest, and penalties shall be paid	123879
to each claimant in proportion to the amount of taxes levied by	123880
the claimant in the preceding tax year, and the amount	123881
representing assessments and other charges shall be paid to each	123882
claimant in the order in which they became due. If the proceeds	123883
are not sufficient to pay that entire amount, the proportion of	123884
the proceeds representing taxes, penalties, and interest shall be	123885
paid to each claimant in the same proportion that the amount of	123886
taxes levied by the claimant against the parcel in the preceding	123887
tax year bears to the taxes levied by all such claimants against	123888
the parcel in the preceding tax year, and the proportion of the	123889
proceeds representing items of assessments and other charges shall	123890
be credited to those items in the order in which they became due.	123891

(E) If the proceeds from the sale of a parcel are	123892
insufficient to pay in full the amount of the taxes, assessments,	123893
charges, penalties, and interest which are due and unpaid; the	123894
costs incurred in the foreclosure proceeding instituted against it	123895
which are due and unpaid; and, if division (B)(1) of section	123896
5721.17 of the Revised Code is applicable, any notes issued by a	123897
receiver pursuant to division (F) of section 3767.41 of the	123898
Revised Code and any receiver's lien as defined in division (C)(4)	123899
of section 5721.18 of the Revised Code, the court, pursuant to	123900
section 5721.192 of the Revised Code, may enter a deficiency	123901
judgment against the owner of record of the parcel for the unpaid	123902
amount. If that owner of record is a corporation, the court may	123903
enter the deficiency judgment against the stockholder holding a	123904
majority of that corporation's stock.	123905

If after distribution of proceeds from the sale of the parcel	123906
under division (D) of this section the amount of proceeds to be	123907
applied to pay the taxes, assessments, charges, penalties,	123908
interest, and costs is insufficient to pay them in full, and the	123909
court does not enter a deficiency judgment against the owner of	123910
record pursuant to this division, the taxes, assessments, charges,	123911
penalties, interest, and costs shall be deemed satisfied.	123912

(F)(1) Upon confirmation of a sale, a spouse of the party	123913
charged with the delinquent taxes or assessments shall thereby be	123914
barred of the right of dower in the property sold, though such	123915
spouse was not a party to the action. No statute of limitations	123916
shall apply to such action. When the land or lots stand charged on	123917
the tax duplicate as certified delinquent, it is not necessary to	123918
make the state a party to the foreclosure proceeding, but the	123919
state shall be deemed a party to such action through and be	123920
represented by the county treasurer.	123921

(2) Except as otherwise provided in divisions (F)(3) and (G)	123922
of this section, unless such land or lots were previously redeemed	123923
pursuant to section 5721.25 of the Revised Code, upon the filing	123924
of the entry of confirmation of any sale or the expiration of the	123925
alternative redemption period as defined in section 323.65 of the	123926
Revised Code, if applicable, the title to such land or lots shall	123927
be incontestable in the purchaser and shall be free and clear of	123928
all liens and encumbrances, except a federal tax lien notice of	123929
which is properly filed in accordance with section 317.09 of the	123930
Revised Code prior to the date that a foreclosure proceeding is	123931
instituted pursuant to division (B) of section 5721.18 of the	123932
Revised Code and the easements and covenants of record running	123933
with the land or lots that were created prior to the time the	123934
taxes or assessments, for the nonpayment of which the land or lots	123935
are sold at foreclosure, became due and payable.	123936

(3) When proceedings for foreclosure are instituted under	123937
division (C) of section 5721.18 of the Revised Code, unless the	123938
land or lots were previously redeemed pursuant to section 5721.25	123939
of the Revised Code or before the expiration of the alternative	123940
redemption period, upon the filing of the entry of confirmation of	123941
sale or after the expiration of the alternative redemption period,	123942
as may apply to the case, the title to such land or lots shall be	123943
incontestable in the purchaser and shall be free of any receiver's	123944
lien as defined in division (C)(4) of section 5721.18 of the	123945
Revised Code and, except as otherwise provided in division (G) of	123946
this section, the liens for land taxes, assessments, charges,	123947
interest, and penalties for which the lien was foreclosed and in	123948
satisfaction of which the property was sold. All other liens and	123949
encumbrances with respect to the land or lots shall survive the	123950
sale.	123951

(4) The title shall not be invalid because of any	123952
irregularity, informality, or omission of any proceedings under	123953
this chapter, or in any processes of taxation, if such	123954
irregularity, informality, or omission does not abrogate the	123955
provision for notice to holders of title, lien, or mortgage to, or	123956
other interests in, such foreclosed lands or lots, as prescribed	123957
in this chapter.	123958

(G) If a parcel is sold under this section for the amount	123959
described in division (A)(2) of this section, and the county	123960
treasurer's estimate exceeds the amount of taxes, assessments,	123961
interest, penalties, and costs actually payable when the deed is	123962
transferred to the purchaser, the officer who conducted the sale	123963
shall refund to the purchaser the difference between the estimate	123964
and the amount actually payable. If the amount of taxes,	123965
assessments, interest, penalties, and costs actually payable when	123966
the deed is transferred to the purchaser exceeds the county	123967
treasurer's estimate, the officer shall certify the amount of the	123968
excess to the treasurer, who shall enter that amount on the real	123969
and public utility property tax duplicate opposite the property;	123970
the amount of the excess shall be payable at the next succeeding	123971
date prescribed for payment of taxes in section 323.12 of the	123972
Revised Code.	123973

(H) If a parcel is sold or transferred under this section or	123974
sections 323.28 and 323.65 to 323.78 of the Revised Code, the	123975
officer who conducted the sale or made the transfer of the	123976
property shall collect the recording fee and any associated costs	123977
to cover the recording from the purchaser or transferee at the	123978
time of the sale or transfer and, following confirmation of the	123979
sale or transfer, shall execute and record the deed conveying	123980
title to the parcel to the purchaser or transferee. For purposes	123981
of recording such deed, by placement of a bid or making a	123982
statement of interest by any party ultimately awarded the parcel,	123983
that purchaser or transferee thereby appoints the officer who	123984
makes the sale or is charged with executing and delivering the	123985
deed as agent for the purchaser or transferee for the sole purpose	123986
of accepting delivery of the deed. For such purposes, the	123987
confirmation of any such sale or order to transfer the parcel	123988
without appraisal or sale shall be deemed delivered upon the	123989
confirmation of such sale or transfer.	123990

(I) Notwithstanding section 5722.03 of the Revised Code, if	123991
the complaint alleges that the property is delinquent vacant land	123992
as defined in section 5721.01 of the Revised Code, abandoned lands	123993
as defined in section 323.65 of the Revised Code, or lands	123994
described in division (E) of section 5722.01 of the Revised Code,	123995
and the value of the taxes, assessments, penalties, interest, and	123996
all other charges and costs of the action exceed the auditor's	123997
fair market value of the parcel, then the court or board of	123998
revision having jurisdiction over the matter on motion of the	123999
plaintiff, or on the court's or board's own motion, shall, upon	124000
any adjudication of foreclosure, order, without appraisal and	124001
without sale, the fee simple title of the property to be	124002
transferred to and vested in an electing subdivision as defined in	124003
division (A) of section 5722.01 of the Revised Code. For purposes	124004
of determining whether the taxes, assessments, penalties,	124005
interest, and all other charges and costs of the action exceed the	124006
actual fair market value of the parcel, the auditor's most current	124007
valuation shall be rebuttably presumed to be, and constitute	124008
prima-facie evidence of, the fair market value of the parcel. In	124009
such case, the filing for journalization of a decree of	124010
foreclosure ordering that direct transfer without appraisal or	124011
sale shall constitute confirmation of the transfer and thereby	124012
terminate any further statutory or common law right of redemption.	124013

Sec. 5721.30. As used in sections 5721.30 to 5721.43 of the	124014
Revised Code:	124015

(A) "Tax certificate," "certificate," or "duplicate	124016
certificate" means a document that may be issued as a physical	124017
certificate, in book-entry form, or through an electronic medium,	124018
at the discretion of the county treasurer. Such document shall	124019
contain the information required by section 5721.31 of the Revised	124020
Code and shall be prepared, transferred, or redeemed in the manner	124021
prescribed by sections 5721.30 to 5721.43 of the Revised Code. As	124022
used in those sections, "tax certificate," "certificate," and	124023
"duplicate certificate" do not refer to the delinquent land tax	124024
certificate or the delinquent vacant land tax certificate issued	124025
under section 5721.13 of the Revised Code.	124026

(B) "Certificate parcel" means the parcel of delinquent land	124027
that is the subject of and is described in a tax certificate.	124028

(C) "Certificate holder" means a person, including a county	124029
land reutilization corporation, that purchases or otherwise	124030
acquires a tax certificate under section 5721.32, 5721.33, or	124031
5721.42 of the Revised Code, or a person to whom a tax certificate	124032
has been transferred pursuant to section 5721.36 of the Revised	124033
Code.	124034

(D) "Certificate purchase price" means, with respect to the	124035
sale of tax certificates under sections 5721.32, 5721.33, and	124036
5721.42 of the Revised Code, the amount equal to delinquent taxes	124037
charged against a certificate parcel at the time the tax	124038
certificate respecting that parcel is sold or transferred, not	124039
including any delinquent taxes the lien for which has been	124040
conveyed to a certificate holder through a prior sale of a tax	124041
certificate respecting that parcel. Payment of the certificate	124042
purchase price in a sale under section 5721.33 of the Revised Code	124043
may be made wholly in cash or partially in cash and partially by	124044
noncash consideration acceptable to the county treasurer from the	124045
purchaser, and, in the case of a county land reutilization	124046
corporation, with notes. In the event that any such noncash	124047
consideration is delivered to pay a portion of the certificate	124048
purchase price, such noncash consideration may be subordinate to	124049
the rights of the holders of other obligations whose proceeds paid	124050
the cash portion of the certificate purchase price.	124051

"Certificate purchase price" also includes the amount of the	124052
fee charged by the county treasurer to the purchaser of the	124053
certificate under division (H) of section 5721.32 of the Revised	124054
Code.	124055

(E)(1) With respect to a sale of tax certificates under	124056
section 5721.32 of the Revised Code, and except as provided in	124057
division (E)(2) of this section, "certificate redemption price"	124058
means the certificate purchase price plus the greater of the	124059
following:	124060

(a) Simple interest, at the certificate rate of interest,	124061
accruing during the certificate interest period on the certificate	124062
purchase price, calculated in accordance with section 5721.41 of	124063
the Revised Code;	124064

(b) Six per cent of the certificate purchase price.

124065

(2) If the certificate rate of interest equals zero, the	124066
certificate redemption price equals the certificate purchase price	124067
plus the fee charged by the county treasurer to the purchaser of	124068
the certificate under division (H) of section 5721.32 of the	124069
Revised Code.	124070

(F) With respect to a sale or transfer of tax certificates	124071
under section 5721.33 of the Revised Code, "certificate redemption	124072
price" means the amount equal to the sum of the following:	124073

(1) The certificate purchase price;

124074

(2) Interest accrued on the certificate purchase price at the	124075
certificate rate of interest from the date on which a tax	124076
certificate is delivered through and including the day immediately	124077
preceding the day on which the certificate redemption price is	124078
paid;	124079

(3) The fee, if any, charged by the county treasurer to the	124080
purchaser of the certificate under division (J) of section 5721.33	124081
of the Revised Code;	124082

(4) Any other fees charged by any county office in connection	124083
with the recording of tax certificates.	124084

(G) "Certificate rate of interest" means the rate of simple	124085
interest per year bid by the winning bidder in an auction of a tax	124086
certificate held under section 5721.32 of the Revised Code, or the	124087
rate of simple interest per year not to exceed eighteen per cent	124088
per year fixed pursuant to section 5721.42 of the Revised Code or	124089
by the county treasurer with respect to any tax certificate sold	124090
or transferred pursuant to a negotiated sale under section 5721.33	124091
of the Revised Code. The certificate rate of interest shall not be	124092
less than zero per cent per year.	124093

(H) "Cash" means United States currency, certified checks,	124094
money orders, bank drafts, electronic transfer of funds, or other	124095
forms of payment authorized by the county treasurer, and excludes	124096
any other form of payment not so authorized.	124097

(I) "The date on which a tax certificate is sold or	124098
transferred," "the date the certificate was sold or transferred,"	124099
"the date the certificate is purchased," and any other phrase of	124100
similar content mean, with respect to a sale pursuant to an	124101
auction under section 5721.32 of the Revised Code, the date	124102
designated by the county treasurer for the submission of bids and,	124103
with respect to a negotiated sale or transfer under section	124104
5721.33 of the Revised Code, the date of delivery of the tax	124105
certificates to the purchasers thereof pursuant to a tax	124106
certificate sale/purchase agreement.	124107

(J) "Certificate interest period" means, with respect to a	124108
tax certificate sold under section 5721.32 or 5721.42 of the	124109
Revised Code and for the purpose of accruing interest under	124110
section 5721.41 of the Revised Code, the period beginning on the	124111
date on which the certificate is purchased and, with respect to a	124112
tax certificate sold or transferred under section 5721.33 of the	124113
Revised Code, the period beginning on the date of delivery of the	124114
tax certificate, and in either case ending on one of the following	124115
dates:	124116

(1) The date the certificate holder files a request for	124117
foreclosure or notice of intent to foreclose under division (A) of	124118
section 5721.37 of the Revised Code and submits the payment	124119
required under division (B) of that section;	124120

(2) The date the owner of record of the certificate parcel,	124121
or any other person entitled to redeem that parcel, redeems the	124122
certificate parcel under division (A) or (C) of section 5721.38 of	124123
the Revised Code or redeems the certificate under section 5721.381	124124
of the Revised Code.	124125

(K) "Qualified trustee" means a trust company within the	124126
state or a bank having the power of a trust company within the	124127
state with a combined capital stock, surplus, and undivided	124128
profits of at least one hundred million dollars.	124129

(L) "Tax certificate sale/purchase agreement" means the	124130
purchase and sale agreement described in division (C) of section	124131
5721.33 of the Revised Code setting forth the certificate purchase	124132
price, plus any applicable premium or less any applicable	124133
discount, including, without limitation, the amount to be paid in	124134
cash and the amount and nature of any noncash consideration, the	124135
date of delivery of the tax certificates, and the other terms and	124136
conditions of the sale, including, without limitation, the rate of	124137
interest that the tax certificates shall bear.	124138

(M) "Noncash consideration" means any form of consideration	124139
other than cash, including, but not limited to, promissory notes	124140
whether subordinate or otherwise.	124141

(N) "Private attorney" means any attorney licensed to	124142
practice law in this state whose license has not been revoked and	124143
is not currently suspended, and who is retained to bring	124144
foreclosure proceedings pursuant to section 5721.37 of the Revised	124145
Code on behalf of a certificate holder.	124146

(O) "Related certificate parcel" means, with respect to a	124147
certificate holder, the certificate parcel with respect to which	124148
the certificate holder has purchased and holds a tax certificate	124149
pursuant to sections 5721.30 to 5721.43 of the Revised Code and,	124150
with respect to a tax certificate, the certificate parcel against	124151
which the tax certificate has been sold pursuant to those	124152
sections.	124153

(P) "Delinquent taxes" means delinquent taxes as defined in	124154
section 323.01 of the Revised Code and includes assessments and	124155
charges, and penalties and interest computed under section 323.121	124156
of the Revised Code.	124157

(Q) "Certificate period" means the period of time after the	124158
sale or delivery of a tax certificate within which a certificate	124159
holder must initiate an action to foreclose the tax lien	124160
represented by the certificate as specified under division (A) of	124161
section 5721.32 of the Revised Code or as negotiated under section	124162
5721.33 of the Revised Code.	124163

Sec. 5721.31. (A)(1) After receipt of a duplicate of the	124164
delinquent land list compiled under section 5721.011 of the	124165
Revised Code, or a delinquent land list compiled previously under	124166
that section, the county treasurer may select from the list	124167
parcels of delinquent land the lien against which the county	124168
treasurer may attempt to transfer by the sale of tax certificates	124169
under sections 5721.30 to 5721.43 of the Revised Code. None of the	124170
following parcels may be selected for a tax certificate sale:	124171

(a) A parcel for which the full amount of taxes, assessments,	124172
penalties, interest, and charges have been paid;	124173

(b) A parcel for which a valid contract under section	124174
323.122, 323.31, or 5713.20 of the Revised Code is in force;	124175

(c) A parcel the owner of which has filed a petition in	124176
bankruptcy, so long as the parcel is property of the bankruptcy	124177
estate.	124178

(2) The county treasurer shall compile a separate list of	124179
parcels selected for tax certificate sales, including the same	124180
information as is required to be included in the delinquent land	124181
list.	124182

Upon compiling the list of parcels selected for tax	124183
certificate sales, the county treasurer may conduct a title search	124184
for any parcel on the list.	124185

(B)(1) Except as otherwise provided in division (B)(3) of	124186
this section, when tax certificates are to be sold under section	124187
5721.32 of the Revised Code with respect to parcels, the county	124188
treasurer shall send written notice by certified mail to either	124189
the owner of record or all interested parties discoverable through	124190
a title search, or both, of each parcel on the list. A notice to	124191
an owner shall be sent to the owner's last known tax-mailing	124192
address. The notice shall inform the owner or interested parties	124193
that a tax certificate will be offered for sale on the parcel, and	124194
that the owner or interested parties may incur additional expenses	124195
as a result of the sale.	124196

(2) Except as otherwise provided in division (B)(3) of this	124197
section, when tax certificates are to be sold or transferred under	124198
section 5721.33 of the Revised Code with respect to parcels, the	124199
county treasurer, at least thirty days prior to the date of sale	124200
or transfer of such tax certificates, shall send written notice of	124201
the sale or transfer by certified mail to the last known	124202
tax-mailing address of the record owner of the property or parcel	124203
and may send such notice to all parties with an interest in the	124204
property that has been recorded in the property records of the	124205
county pursuant to section 317.08 of the Revised Code. The notice	124206
shall state that a tax certificate will be offered for sale or	124207
transfer on the parcel, and that the owner or interested parties	124208
may incur additional expenses as a result of the sale or transfer.	124209

(3) The county treasurer is not required to send a notice	124210
under division (B)(1) or (B)(2) of this section if the treasurer	124211
previously has attempted to send such notice to the owner of the	124212
parcel and the notice has been returned by the post office as	124213
undeliverable. The absence of a valid tax-mailing address for the	124214
owner of a parcel does not preclude the county treasurer from	124215
selling or transferring a tax certificate for the parcel.	124216

(C) The county treasurer shall advertise the sale of tax	124217
certificates under section 5721.32 of the Revised Code in a	124218
newspaper of general circulation in the county, once a week for	124219
two consecutive weeks. The newspaper shall meet the requirements	124220
of section 7.12 of the Revised Code. The advertisement shall	124221
include the date, the time, and the place of the public auction,	124222
abbreviated legal descriptions of the parcels, and the names of	124223
the owners of record of the parcels. The advertisement also shall	124224
include the certificate purchase prices of the parcels or the	124225
total purchase price of tax certificates for sale in blocks of tax	124226
certificates.	124227

(D) After the county treasurer has compiled the list of	124228
parcels selected for tax certificate sales but before a tax	124229
certificate respecting a parcel is sold or transferred, if the	124230
owner of record of the parcel pays to the county treasurer in cash	124231
the delinquent taxes respecting the parcel or otherwise acts so	124232
that any condition in division (A)(1)(a), (b), or (c) of this	124233
section applies to the parcel, the owner of record of the parcel	124234
also shall pay a fee in an amount prescribed by the treasurer to	124235
cover the administrative costs of the treasurer under this section	124236
respecting the parcel. The fee shall be deposited in the county	124237
treasury to the credit of the tax certificate administration fund.	124238

(E) A tax certificate administration fund shall be created in	124239
the county treasury of each county selling tax certificates under	124240
sections 5721.30 to 5721.43 of the Revised Code. The fund shall be	124241
administered by the county treasurer, and used solely for the	124242
purposes of sections 5721.30 to 5721.43 of the Revised Code or as	124243
otherwise permitted in this division. Any fee received by the	124244
treasurer under sections 5721.30 to 5721.43 of the Revised Code	124245
shall be credited to the fund, except the bidder registration fee	124246
under division (B) of section 5721.32 of the Revised Code and the	124247
county prosecuting attorney's fee under division (B)(3) of section	124248
5721.37 of the Revised Code. To the extent there is a surplus in	124249
the fund from time to time, the surplus may, with the approval of	124250
the county treasurer, be utilized for the purposes of a county	124251
land reutilization corporation operating in the county.	124252

(F) The county treasurers of more than one county may jointly	124253
conduct a regional sale of tax certificates under section 5721.32	124254
of the Revised Code. A regional sale shall be held at a single	124255
location in one county, where the tax certificates from each of	124256
the participating counties shall be offered for sale at public	124257
auction. Before the regional sale, each county treasurer shall	124258
advertise the sale for the parcels in the treasurer's county as	124259
required by division (C) of this section. At the regional sale,	124260
tax certificates shall be sold on parcels from one county at a	124261
time, with all of the certificates for one county offered for sale	124262
before any certificates for the next county are offered for sale.	124263

(G) The tax commissioner shall prescribe the form of the tax	124264
certificate under this section, and county treasurers shall use	124265
the form so prescribed.	124266

Sec. 5721.32. (A) The sale of tax certificates by public	124267
auction may be conducted at any time after completion of the	124268
advertising of the sale under section 5721.31 of the Revised Code,	124269
on the date and at the time and place designated in the	124270
advertisements, and may be continued from time to time as the	124271
county treasurer directs. The county treasurer may offer the tax	124272
certificates for sale in blocks of tax certificates, consisting of	124273
any number of tax certificates as determined by the county	124274
treasurer, and may specify a certificate period of not less than	124275
three years and not more than six years.	124276

(B)(1) The sale of tax certificates under this section shall	124277
be conducted at a public auction by the county treasurer or a	124278
designee of the county treasurer.	124279

(2) No person shall be permitted to bid without completing a	124280
bidder registration form, in the form prescribed by the tax	124281
commissioner, and without filing the form with the county	124282
treasurer prior to the start of the auction, together with	124283
remittance of a registration fee, in cash, of five hundred	124284
dollars. The bidder registration form shall include a tax	124285
identification number of the registrant. The registration fee is	124286
refundable at the end of bidding on the day of the auction, unless	124287
the registrant is the winning bidder for one or more tax	124288
certificates or one or more blocks of tax certificates, in which	124289
case the fee may be applied toward the deposit required by this	124290
section.	124291

(3) The county treasurer may require a person who wishes to	124292
bid on one or more parcels to submit a letter from a financial	124293
institution stating that the bidder has sufficient funds available	124294
to pay the purchase price of the parcels and a written	124295
authorization for the treasurer to verify such information with	124296
the financial institution. The county treasurer may require	124297
submission of the letter and authorization sufficiently in advance	124298
of the auction to allow for verification. No person who fails to	124299
submit the required letter and authorization, or whose financial	124300
institution fails to provide the requested verification, shall be	124301
permitted to bid.	124302

(C) At the public auction, the county treasurer or the	124303
treasurer's designee or agent shall begin the bidding at eighteen	124304
per cent per year simple interest, and accept lower bids in even	124305
increments of one-fourth of one per cent to the rate of zero per	124306
cent. The county treasurer, designee, or agent shall award the tax	124307
certificate to the person bidding the lowest certificate rate of	124308
interest. The county treasurer shall decide which person is the	124309
winning bidder in the event of a tie for the lowest bid offered,	124310
or if a person contests the lowest bid offered. The county	124311
treasurer's decision is not appealable.	124312

(D)(1) The winning bidder shall pay the county treasurer a	124313
cash deposit of at least ten per cent of the certificate purchase	124314
price not later than the close of business on the day of the sale.	124315
The winning bidder shall pay the balance and the fee required	124316
under division (H) of this section not later than five business	124317
days after the day on which the certificate is sold. Except as	124318
provided under division (D)(2) of this section, if the winning	124319
bidder fails to pay the balance and fee within the prescribed	124320
time, the bidder forfeits the deposit, and the county treasurer	124321
shall retain the tax certificate and may attempt to sell it at any	124322
auction conducted at a later date.	124323

(2) At the request of a winning bidder, the county treasurer	124324
may release the bidder from the bidder's tax certificate purchase	124325
obligation. The county treasurer may retain all or any portion of	124326
the deposit of a bidder granted a release. After granting a	124327
release under this division, the county treasurer may award the	124328
tax certificate to the person that submitted the second lowest bid	124329
at the auction.	124330

(3) The county treasurer shall deposit the deposit forfeited	124331
or retained under divisions (D)(1) or (2) of this section in the	124332
county treasury to the credit of the tax certificate	124333
administration fund.	124334

(E) Upon receipt of the full payment of the certificate	124335
purchase price from the purchaser, the county treasurer shall	124336
issue the tax certificate and record the tax certificate sale by	124337
entering into a tax certificate register the certificate purchase	124338
price, the certificate rate of interest, the date the certificate	124339
was sold, the certificate period, the name and address of the	124340
certificate holder, and any other information the county treasurer	124341
considers necessary. The county treasurer may keep the tax	124342
certificate register in a hard-copy format or in an electronic	124343
format. The name and address of the certificate holder may be,	124344
upon receipt of instructions from the purchaser, that of the	124345
secured party of the actual purchaser, or an agent or custodian	124346
for the purchaser or secured party. The county treasurer also	124347
shall transfer the tax certificate to the certificate holder. The	124348
county treasurer shall apportion the part of the proceeds from the	124349
sale representing taxes, penalties, and interest among the several	124350
taxing districts in the same proportion that the amount of taxes	124351
levied by each district against the certificate parcel in the	124352
preceding tax year bears to the taxes levied by all such districts	124353
against the certificate parcel in the preceding tax year, and	124354
credit the part of the proceeds representing assessments and other	124355
charges to the items of assessments and charges in the order in	124356
which those items became due. Upon issuing a tax certificate, the	124357
delinquent taxes that make up the certificate purchase price are	124358
transferred, and the superior lien of the state and its taxing	124359
districts for those delinquent taxes is conveyed intact to the	124360
certificate holder.	124361

(F) If a tax certificate is offered for sale under this	124362
section but is not sold, the county treasurer may sell the	124363
certificate in a negotiated sale authorized under section 5721.33	124364
of the Revised Code, or may strike the corresponding certificate	124365
parcel from the list of parcels selected for tax certificate	124366
sales. The lien for taxes, assessments, charges, penalties, and	124367
interest against a parcel stricken from the list thereafter may be	124368
foreclosed in the manner prescribed by section 323.25, sections	124369
323.65 to 323.79, or section 5721.14 or 5721.18 of the Revised	124370
Code unless, prior to the institution of such proceedings against	124371
the parcel, the county treasurer restores the parcel to the list	124372
of parcels selected for tax certificate sales.	124373

(G) A certificate holder shall not be liable for damages	124374
arising from a violation of sections 3737.87 to 3737.891 or	124375
Chapter 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6109., or	124376
6111. of the Revised Code, or a rule adopted or order, permit,	124377
license, variance, or plan approval issued under any of those	124378
chapters, that is or was committed by another person in connection	124379
with the parcel for which the tax certificate is held.	124380

(H) When selling a tax certificate under this section, the	124381
county treasurer shall charge a fee to the purchaser of the	124382
certificate. The county treasurer shall set the fee at a	124383
reasonable amount that covers the treasurer's costs of	124384
administering the sale of the tax certificate. The county	124385
treasurer shall deposit the fee in the county treasury to the	124386
credit of the tax certificate administration fund.	124387

(I) After selling a tax certificate under this section, the	124388
county treasurer shall send written notice by certified mail to	124389
the owner of the certificate parcel at the owner's last known	124390
tax-mailing address. The notice shall inform the owner that the	124391
tax certificate was sold, shall describe the owner's options to	124392
redeem the parcel, including entering into a redemption payment	124393
plan under division (C)(1) of section 5721.38 of the Revised Code,	124394
and shall name the certificate holder and its secured party, if	124395
any. However, the county treasurer is not required to send a	124396
notice under this division if the treasurer previously has	124397
attempted to send a notice to the owner of the parcel at the	124398
owner's last known tax-mailing address, and the postal service has	124399
returned the notice as undeliverable.	124400

(J) A tax certificate shall not be sold to the owner of the	124401
certificate parcel.	124402

Sec. 5721.37. (A)(1) ~~Division (A)(1) of this section~~	124403
~~applies to tax certificates purchased under section 5721.32 of the~~	124404
~~Revised Code, or under section 5721.42 of the Revised Code by the~~	124405
~~holder of a certificate issued under section 5721.32 of the~~	124406
~~Revised Code.~~ At any time after one year from the date shown on	124407
the tax certificate as the date the tax certificate was sold, and	124408
not later than ~~six years after that date~~the end of the	124409
certificate period, a certificate holder, except for a county land	124410
reutilization corporation, may file with the county treasurer a	124411
request for foreclosure, or a private attorney on behalf of the	124412
certificate holder may file with the county treasurer a notice of	124413
intent to foreclose, on a form prescribed by the tax commissioner,	124414
provided the certificate parcel has not been redeemed under	124415
division (A) or (C) of section 5721.38 of the Revised Code and at	124416
least one certificate respecting the certificate parcel, held by	124417
the certificate holder filing the request for foreclosure or	124418
notice of intent to foreclose and eligible to be enforced through	124419
a foreclosure proceeding, has not been voided under section	124420
5721.381 of the Revised Code. If the certificate holder is a	124421
county land reutilization corporation, the corporation may	124422
institute a foreclosure action under the statutes pertaining to	124423
the foreclosure of mortgages or as permitted under sections 323.65	124424
to 323.79 of the Revised Code at any time after it acquires the	124425
tax certificate.	124426

(2) ~~Division (A)(2) of this section applies to tax~~	124427
~~certificates purchased under section 5721.33 of the Revised Code~~	124428
~~or under section 5721.42 of the Revised Code by the holder of a~~	124429
~~certificate issued under section 5721.33 of the Revised Code. At~~	124430
~~any time after one year from the date shown on the tax certificate~~	124431
~~as the date the tax certificate was sold, and not later than six~~	124432
~~years after that date or any extension of that date pursuant to~~	124433
~~division (C)(2) of section 5721.38 of the Revised Code, or not~~	124434
~~earlier or later than the dates negotiated by the county treasurer~~	124435
~~and specified in the tax certificate sale/purchase agreement, the~~	124436
~~certificate holder may file with the county treasurer a request~~	124437
~~for foreclosure, or a private attorney on behalf of a certificate~~	124438
~~holder other than a county land reutilization corporation may file~~	124439
~~with the county treasurer a notice of intent to foreclose, on a~~	124440
~~form prescribed by the tax commissioner, provided the parcel has~~	124441
~~not been redeemed under division (A) or (C) of section 5721.38 of~~	124442
~~the Revised Code and at least one certificate respecting the~~	124443
~~certificate parcel, held by the certificate holder filing the~~	124444
~~request for foreclosure or notice of intent to foreclose and~~	124445
~~eligible to be enforced through a foreclosure proceeding, has not~~	124446
~~been voided under section 5721.381 of the Revised Code. If the~~	124447
~~certificate holder is a county land reutilization corporation, the~~	124448
~~corporation may institute a foreclosure action under the statutes~~	124449
~~pertaining to the foreclosure of mortgages or as permitted under~~	124450
~~sections 323.65 to 323.79 of the Revised Code at any time after it~~	124451
~~acquires the tax certificate.~~	124452

~~(3)(a) Division (A)(3)(a) of this section applies to a tax~~	124453
~~certificate purchased under section 5721.32 of the Revised Code,~~	124454
~~or under section 5721.42 of the Revised Code by the holder of a~~	124455
~~certificate issued under section 5721.32 of the Revised Code, and~~	124456
~~not held by a county land reutilization corporation. If, before~~	124457
~~the expiration of six years after the date a tax certificate was~~	124458
~~sold, the owner of the property for which the certificate was sold~~	124459
~~files a petition in bankruptcy, the county treasurer, upon being~~	124460
~~notified of the filing of the petition, shall notify the~~	124461
~~certificate holder by ordinary first-class or certified mail or by~~	124462
~~binary means of the filing of the petition. It is the obligation~~	124463
~~of the certificate holder to file a proof of claim with the~~	124464
~~bankruptcy court to protect the holder's interest in the~~	124465
~~certificate parcel. The last day on which the certificate holder~~	124466
~~may file a request for foreclosure or the private attorney may~~	124467
~~file a notice of intent to foreclose is the later of six years~~	124468
~~after the date the certificate was sold or one hundred eighty days~~	124469
~~after the certificate parcel is no longer property of the~~	124470
~~bankruptcy estate; however, the six-year period measured from the~~	124471
~~date the certificate was sold is tolled while the property owner's~~	124472
~~bankruptcy case remains open.~~	124473

~~(b) Division (A)(3)(b) of this section applies to a tax~~	124474
~~certificate purchased under section 5721.33 of the Revised Code,~~	124475
~~or under section 5721.42 of the Revised Code by the holder of a~~	124476
~~certificate issued under section 5721.33 of the Revised Code, and~~	124477
~~not held by a county land reutilization corporation. If, before~~	124478
~~six years after the date a tax certificate was sold or before the~~	124479
~~date negotiated by the county treasurer~~If, before the expiration	124480
of the certificate period, the owner of the property files a	124481
petition in bankruptcy, the county treasurer, upon being notified	124482
of the filing of the petition, shall notify the certificate holder	124483
by ordinary first-class or certified mail or by binary means of	124484
the filing of the petition. It is the obligation of the	124485
certificate holder to file a proof of claim with the bankruptcy	124486
court to protect the holder's interest in the certificate parcel.	124487
The last day on which the certificate holder may file a request	124488
for foreclosure or a notice of intent to foreclose is the later of	124489
~~six years after the date the tax certificate was sold or the date~~	124490
~~negotiated by the county treasurer,~~the expiration of the	124491
certificate period or one hundred eighty days after the	124492
certificate parcel is no longer property of the bankruptcy estate;	124493
however, the ~~six-year or negotiated period being measured after~~	124494
~~the date the certificate was sold~~certificate period is tolled	124495
while the property owner's bankruptcy case remains open. If the	124496
certificate holder is a county land reutilization corporation, the	124497
corporation may institute a foreclosure action under the statutes	124498
pertaining to the foreclosure of mortgages or as permitted under	124499
sections 323.65 to 323.79 of the Revised Code at any time after it	124500
acquires such tax certificate, subject to any restrictions under	124501
such bankruptcy law or proceeding.	124502

~~(c)~~ Interest at the certificate rate of interest continues to	124503
accrue during any extension of time required by division ~~(A)(3)(a)~~	124504
~~or (b)~~(A)(2) of this section unless otherwise provided under Title	124505
11 of the United States Code.	124506

~~(4)~~(3) If, before the expiration of three years from the date	124507
a tax certificate was sold, the owner of property for which the	124508
certificate was sold applies for an exemption under section	124509
3735.67 or 5715.27 of the Revised Code or under any other section	124510
of the Revised Code under the jurisdiction of the director of	124511
environmental protection, the county treasurer shall notify the	124512
certificate holder by ordinary first-class or certified mail or by	124513
binary means of the filing of the application. Once a	124514
determination has been made on the exemption application, the	124515
county treasurer shall notify the certificate holder of the	124516
determination by ordinary first-class or certified mail or by	124517
binary means. Except with respect to a county land reutilization	124518
corporation, the last day on which the certificate holder may file	124519
a request for foreclosure shall be the later of three years from	124520
the date the certificate was sold or forty-five days after notice	124521
of the determination was provided.	124522

(B) When a request for foreclosure or a notice of intent to	124523
foreclose is filed under ~~division (A)(1) or (2) of~~ this section,	124524
the certificate holder shall submit a payment to the county	124525
treasurer equal to the sum of the following:	124526

(1) The certificate redemption prices of all outstanding tax	124527
certificates that have been sold on the parcel, other than tax	124528
certificates held by the person requesting foreclosure;	124529

(2) Any taxes, assessments, penalties, interest, and charges	124530
appearing on the tax duplicate charged against the certificate	124531
parcel that is the subject of the foreclosure proceedings and that	124532
are not covered by a tax certificate, but such amounts are not	124533
payable if the certificate holder is a county land reutilization	124534
corporation;	124535

(3) If the foreclosure proceedings are filed by the county	124536
prosecuting attorney pursuant to section 323.25, sections 323.65	124537
to 323.79, or section 5721.14 or 5721.18 of the Revised Code, a	124538
fee in the amount prescribed by the county prosecuting attorney to	124539
cover the prosecuting attorney's legal costs incurred in the	124540
foreclosure proceeding.	124541

(C)(1) With respect to a certificate purchased under section	124542
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	124543
certificate parcel has not been redeemed and at least one	124544
certificate respecting the certificate parcel, held by the	124545
certificate holder filing the request for foreclosure and eligible	124546
to be enforced through a foreclosure proceeding, has not been	124547
voided under section 5721.381 of the Revised Code, the county	124548
treasurer, within five days after receiving a foreclosure request	124549
and the payment required under division (B) of this section, shall	124550
certify notice to that effect to the county prosecuting attorney	124551
and shall provide a copy of the foreclosure request. The county	124552
treasurer also shall send notice by ordinary first class or	124553
certified mail to all certificate holders other than the	124554
certificate holder requesting foreclosure that foreclosure has	124555
been requested by a certificate holder and that payment for the	124556
tax certificates is forthcoming. Within ninety days of receiving	124557
the copy of the foreclosure request, the prosecuting attorney	124558
shall commence a foreclosure proceeding in the name of the county	124559
treasurer in the manner provided under section 323.25, sections	124560
323.65 to 323.79, or section 5721.14 or 5721.18 of the Revised	124561
Code, to enforce the lien vested in the certificate holder by the	124562
certificate. The prosecuting attorney shall attach to the	124563
complaint the foreclosure request and the county treasurer's	124564
written certification.	124565

(2) With respect to a certificate purchased under section	124566
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	124567
certificate parcel has not been redeemed, at least one certificate	124568
respecting the certificate parcel, held by the certificate holder	124569
filing the notice of intent to foreclose and eligible to be	124570
enforced through a foreclosure proceeding, has not been voided	124571
under section 5721.381 of the Revised Code, a notice of intent to	124572
foreclose has been filed, and the payment required under division	124573
(B) of this section has been made, the county treasurer shall	124574
certify notice to that effect to the private attorney. The county	124575
treasurer also shall send notice by ordinary first class or	124576
certified mail or by binary means to all certificate holders other	124577
than the certificate holder represented by the attorney that a	124578
notice of intent to foreclose has been filed and that payment for	124579
the tax certificates is forthcoming. After receipt of the	124580
treasurer's certification and not later than one hundred twenty	124581
days after the filing of the intent to foreclose or the number of	124582
days specified under the terms of a negotiated sale under section	124583
5721.33 of the Revised Code, the private attorney shall commence a	124584
foreclosure proceeding in the name of the certificate holder in	124585
the manner provided under division (F) of this section to enforce	124586
the lien vested in the certificate holder by the certificate. The	124587
private attorney shall attach to the complaint the notice of	124588
intent to foreclose and the county treasurer's written	124589
certification.	124590

(D) The county treasurer shall credit the amount received	124591
under division (B)(1) of this section to the tax certificate	124592
redemption fund. The tax certificates respecting the payment shall	124593
be paid as provided in division (D) of section 5721.38 of the	124594
Revised Code. The amount received under division (B)(2) of this	124595
section shall be distributed to the taxing districts to which the	124596
delinquent and unpaid amounts are owed. The county treasurer shall	124597
deposit the fee received under division (B)(3) of this section in	124598
the county treasury to the credit of the delinquent tax and	124599
assessment collection fund.	124600

(E)(1)~~(a) Except with respect to a county land reutilization~~	124601
~~corporation, if, in the case of a certificate purchased under~~	124602
~~section 5721.32 of the Revised Code, or under section 5721.42 of~~	124603
~~the Revised Code by the holder of a certificate issued under~~	124604
~~section 5721.32 of the Revised Code, the certificate holder does~~	124605
~~not file with the county treasurer a request for foreclosure or a~~	124606
~~notice of intent to foreclose with the required payment within six~~	124607
~~years after the date shown on the tax certificate as the date the~~	124608
~~certificate was sold or within the period provided under division~~	124609
~~(A)(3)(a) of this section, and during that time the certificate~~	124610
~~has not been voided under section 5721.381 of the Revised Code and~~	124611
~~the parcel has not been redeemed or foreclosed upon, the~~	124612
~~certificate holder's lien against the parcel is canceled, and the~~	124613
~~certificate is voided, subject to division (E)(1)(b) of this~~	124614
~~section.~~	124615

~~(b) In the case of any tax certificate purchased under~~	124616
~~section 5721.32 of the Revised Code or under section 5721.42 of~~	124617
~~the Revised Code by the holder of a certificate issued under~~	124618
~~section 5721.32 of the Revised Code prior to June 24, 2008, the~~	124619
~~county treasurer, upon application by the certificate holder, may~~	124620
~~sell to the certificate holder a new certificate extending the~~	124621
~~three-year period prescribed by division (E)(1) of this section,~~	124622
~~as that division existed prior to that date, to six years after~~	124623
~~the date shown on the original certificate as the date it was sold~~	124624
~~or any extension of that date.~~	124625

~~(2)(a)~~ Except with respect to a county land reutilization	124626
corporation, if~~, in the case of a certificate purchased under~~	124627
~~section 5721.33 of the Revised Code, or under section 5721.42 of~~	124628
~~the Revised Code by the holder of a certificate issued under~~	124629
~~section 5721.33 of the Revised Code,~~ the certificate holder does	124630
not file with the county treasurer a request for foreclosure or a	124631
notice of intent to foreclose with respect to a certificate parcel	124632
with the required payment within ~~six years after the date shown on~~	124633
~~the tax certificate as the date the certificate was sold~~the	124634
certificate period or any extension of that ~~date~~period pursuant	124635
to division (C)(2) of section 5721.38 of the Revised Code, or	124636
within the period provided under division ~~(A)(3)(b)~~(A)(2) of this	124637
section ~~or as specified under the terms of a negotiated sale under~~	124638
~~section 5721.33 of the Revised Code~~, and during that time the	124639
certificate has not been voided under section 5721.381 of the	124640
Revised Code and the certificate parcel has not been redeemed or	124641
foreclosed upon, the certificate holder's lien against the parcel	124642
is canceled and the certificate is voided, subject to division	124643
~~(E)(2)(b)~~(E)(2) of this section.	124644

~~(b)~~(2) In the case of any tax certificate purchased under	124645
section ~~5721.33~~5721.32 of the Revised Code or under section	124646
5721.42 of the Revised Code by the holder of a certificate issued	124647
under section 5721.32 of the Revised Code prior to ~~October 10,~~	124648
~~2000~~June 24, 2008, the county treasurer, upon application by the	124649
certificate holder, may sell to the certificate holder a new	124650
certificate extending the three-year period prescribed by division	124651
~~(E)(2)~~(E)(1) of this section, as that division existed prior to	124652
~~October 10, 2000~~that date, to six years after the date shown on	124653
the original certificate as the date it was sold or any extension	124654
of that date.	124655

~~(3)~~ The county treasurer and the certificate holder shall	124656
negotiate the premium, in cash, to be paid for a new certificate	124657
sold under division ~~(E)(1)(b) or (2)(b)~~(E)(2) of this section. If	124658
the county treasurer and certificate holder do not negotiate a	124659
mutually acceptable premium, the county treasurer and certificate	124660
holder may agree to engage a person experienced in the valuation	124661
of financial assets to appraise a fair premium for the new	124662
certificate. The certificate holder has the option to purchase the	124663
new certificate for the fair premium so appraised. Not less than	124664
one-half of the fee of the person so engaged shall be paid by the	124665
certificate holder requesting the new certificate; the remainder	124666
of the fee shall be paid from the proceeds of the sale of the new	124667
certificate. If the certificate holder does not purchase the new	124668
certificate for the premium so appraised, the certificate holder	124669
shall pay the entire fee. The county treasurer shall credit the	124670
remaining proceeds from the sale to the items of taxes,	124671
assessments, penalties, interest, and charges in the order in	124672
which they became due.	124673

~~(4)~~ A certificate issued under division ~~(E)(1)(b) or~~	124674
~~(2)(b)~~(E)(2) of this section vests in the certificate holder and	124675
its secured party, if any, the same rights, interests, privileges,	124676
and immunities as are vested by the original certificate under	124677
sections 5721.30 to 5721.43 of the Revised Code. The certificate	124678
shall be issued in the same form as the form prescribed for the	124679
original certificate issued except for any modifications	124680
necessary, in the county treasurer's discretion, to reflect the	124681
extension under this division of the certificate holder's lien to	124682
six years after the date shown on the original certificate as the	124683
date it was sold or any extension of that date. The certificate	124684
holder may record a certificate issued under division ~~(E)(1)(b) or~~	124685
~~(2)(b)~~(E)(2) of this section or memorandum thereof as provided in	124686
division (B) of section 5721.35 of the Revised Code, and the	124687
county recorder shall index the certificate and record any	124688
subsequent cancellation of the lien as provided in that section.	124689
The sale of a certificate extending the lien under division	124690
~~(E)(1)(b) or (2)(b)~~(E)(2) of this section does not impair the	124691
right of redemption of the owner of record of the certificate	124692
parcel or of any other person entitled to redeem the property.	124693

~~(5)~~(3) If the holder of a certificate purchased under section	124694
5721.32, 5721.33, or 5721.42 of the Revised Code submits a notice	124695
of intent to foreclose to the county treasurer but fails to file a	124696
foreclosure action in a court of competent jurisdiction within the	124697
time specified in division (C)(2) of this section, the liens	124698
represented by all tax certificates respecting the certificate	124699
parcel held by that certificate holder, and for which the deadline	124700
for filing a notice of intent to foreclose has passed, are	124701
canceled and the certificates voided, and the certificate holder	124702
forfeits the payment of the amounts described in division (B)(2)	124703
of this section.	124704

(F) With respect to tax certificates purchased under section	124705
5721.32, 5721.33, or 5721.42 of the Revised Code, upon the	124706
delivery to the private attorney by the county treasurer of the	124707
certification provided for under division (C)(2) of this section,	124708
the private attorney shall institute a foreclosure proceeding	124709
under this division in the name of the certificate holder to	124710
enforce the holder's lien, in any court or board of revision with	124711
jurisdiction, unless the certificate redemption price is paid	124712
prior to the time a complaint is filed. The attorney shall	124713
prosecute the proceeding to final judgment and satisfaction,	124714
whether through sale of the property or the vesting of title and	124715
possession in the certificate holder or other disposition under	124716
sections 323.65 to 323.79 of the Revised Code or as may otherwise	124717
be provided by law.	124718

The foreclosure proceedings under this division, except as	124719
otherwise provided in this division, shall be instituted and	124720
prosecuted in the same manner as is provided by law for the	124721
foreclosure of mortgages on land, except that, if service by	124722
publication is necessary, such publication shall be made once a	124723
week for three consecutive weeks and the service shall be complete	124724
at the expiration of three weeks after the date of the first	124725
publication.	124726

Any notice given under this division shall include the name	124727
of the owner of the parcel as last set forth in the records of the	124728
county recorder, the owner's last known mailing address, the	124729
address of the subject parcel if different from that of the owner,	124730
and a complete legal description of the subject parcel. In any	124731
county that has adopted a permanent parcel number system, such	124732
notice may include the permanent parcel number in addition to a	124733
complete legal description.	124734

It is sufficient, having been made a proper party to the	124735
foreclosure proceeding, for the certificate holder to allege in	124736
such holder's complaint that the tax certificate has been duly	124737
purchased by the certificate holder, that the certificate	124738
redemption price is due and unpaid, that there is a lien against	124739
the property described in the tax certificate, and, if applicable,	124740
that the certificate holder desires to invoke the alternative	124741
redemption period prescribed in sections 323.65 to 323.79 of the	124742
Revised Code, without setting forth in such holder's complaint any	124743
other special matter relating to the foreclosure proceeding. The	124744
complaint shall pray for an order directing the sheriff, or the	124745
bailiff if the complaint is filed in municipal court, to offer the	124746
property for sale in the manner provided in section 5721.19 of the	124747
Revised Code or otherwise transferred according to any applicable	124748
procedures provided in sections 323.65 to 323.79 of the Revised	124749
Code, unless the complaint documents that the county auditor has	124750
determined that the true value of the certificate parcel is less	124751
than the certificate purchase price. In that case, the prayer of	124752
the complaint shall request that fee simple title to the property	124753
be transferred to and vested in the certificate holder free and	124754
clear of all subordinate liens.	124755

In the foreclosure proceeding, the certificate holder may	124756
join in one action any number of tax certificates relating to the	124757
same owner. However, the decree for each tax certificate shall be	124758
rendered separately and any proceeding may be severed, in the	124759
discretion of the court or board of revision, for the purpose of	124760
trial or appeal. Except as may otherwise be provided in sections	124761
323.65 to 323.79 of the Revised Code, upon confirmation of sale,	124762
the court or board of revision shall order payment of all costs	124763
related directly or indirectly to the tax certificate, including,	124764
without limitation, attorney's fees of the holder's attorney in	124765
accordance with section 5721.371 of the Revised Code. The tax	124766
certificate purchased by the certificate holder is presumptive	124767
evidence in all courts and boards of revision and in all	124768
proceedings, including, without limitation, at the trial of the	124769
foreclosure action, of the amount and validity of the taxes,	124770
assessments, charges, penalties by the court and added to such	124771
principal amount, and interest appearing due and unpaid and of	124772
their nonpayment.	124773

(G) If a parcel is sold under this section, the officer who	124774
conducted the sale shall collect the recording fee from the	124775
purchaser at the time of the sale and, following confirmation of	124776
the sale, shall prepare and record the deed conveying the title to	124777
the parcel to the purchaser.	124778

Sec. 5721.38. (A) At any time prior to payment to the county	124779
treasurer by the certificate holder to initiate foreclosure	124780
proceedings under division (B) of section 5721.37 of the Revised	124781
Code, the owner of record of the certificate parcel, or any other	124782
person entitled to redeem that parcel, may redeem the parcel by	124783
paying to the county treasurer an amount equal to the total of the	124784
certificate redemption prices of all tax certificates respecting	124785
that parcel.	124786

(B) At any time after payment to the county treasurer by the	124787
certificate holder to initiate foreclosure proceedings under	124788
section 5721.37 of the Revised Code, and before the filing of the	124789
entry of confirmation of sale of a certificate parcel, or the	124790
expiration of the alternative redemption period defined in section	124791
323.65 of the Revised Code under foreclosure proceedings filed by	124792
the county prosecuting attorney, and before the decree conveying	124793
title to the certificate holder is rendered as provided for in	124794
division (F) of section 5721.37 of the Revised Code, the owner of	124795
record of the certificate parcel or any other person entitled to	124796
redeem that parcel may redeem the parcel by paying to the county	124797
treasurer the sum of the following amounts:	124798

(1) The amount described in division (A) of this section;

124799

(2) Interest on the certificate purchase price for each tax	124800
certificate sold respecting the parcel at the rate of eighteen per	124801
cent per year for the period beginning on the day on which the	124802
payment was submitted by the certificate holder and ending on the	124803
day the parcel is redeemed under this division;	124804

(3) An amount equal to the sum of the county prosecuting	124805
attorney's fee under division (B)(3) of section 5721.37 of the	124806
Revised Code plus interest on that amount at the rate of eighteen	124807
per cent per year beginning on the day on which the payment was	124808
submitted by the certificate holder and ending on the day the	124809
parcel is redeemed under this division. If the parcel is redeemed	124810
before the complaint has been filed, the prosecuting attorney	124811
shall adjust the fee to reflect services performed to the date of	124812
redemption, and the county treasurer shall calculate the interest	124813
based on the adjusted fee and refund any excess fee to the	124814
certificate holder.	124815

(4) Reasonable attorney's fees in accordance with section	124816
5721.371 of the Revised Code if the certificate holder retained a	124817
private attorney to foreclose the lien;	124818

(5) Any other costs and fees of the proceeding allocable to	124819
the certificate parcel as determined by the court or board of	124820
revision.	124821

The county treasurer may collect the total amount due under	124822
divisions (B)(1) to (5) of this section in the form of guaranteed	124823
funds acceptable to the treasurer. Immediately upon receipt of	124824
such payments, the county treasurer shall reimburse the	124825
certificate holder who initiated foreclosure proceedings as	124826
provided in division (D) of this section. The county treasurer	124827
shall pay the certificate holder interest at the rate of eighteen	124828
per cent per year on amounts paid under divisions (B)(2) and (3)	124829
of section 5721.37 of the Revised Code, beginning on the day the	124830
certificate holder paid the amounts under those divisions and	124831
ending on the day the parcel is redeemed under this section.	124832

(C)(1) During the period beginning on the date a tax	124833
certificate is sold under section 5721.32 of the Revised Code and	124834
ending one year from that date, the county treasurer may enter	124835
into a redemption payment plan with the owner of record of the	124836
certificate parcel or any other person entitled to redeem that	124837
parcel. The plan shall require the owner or other person to pay	124838
the certificate redemption price for the tax certificate in	124839
installments, with the final installment due no later than one	124840
year after the date the tax certificate is sold. The certificate	124841
holder may at any time, by written notice to the county treasurer,	124842
agree to accept installments collected to the date of notice as	124843
payment in full. Receipt of such notice by the treasurer shall	124844
constitute satisfaction of the payment plan and redemption of the	124845
tax certificate.	124846

(2) During the period beginning on the date a tax certificate	124847
is sold under section 5721.33 of the Revised Code and ending on	124848
the date the decree is rendered on the foreclosure proceeding	124849
under division (F) of section 5721.37 of the Revised Code, the	124850
owner of record of the certificate parcel, or any other person	124851
entitled to redeem that parcel, may enter into a redemption	124852
payment plan with the certificate holder and all secured parties	124853
of the certificate holder. The plan shall require the owner or	124854
other person to pay the certificate redemption price for the tax	124855
certificate, an administrative fee not to exceed one hundred	124856
dollars per year, and the actual fees and costs incurred, in	124857
installments, with the final installment due no later than ~~six~~	124858
~~years after the date the tax certificate is sold~~the expiration of	124859
the certificate period. The certificate holder shall give written	124860
notice of the plan to the applicable county treasurer within sixty	124861
days after entering into the plan and written notice of default	124862
under the plan within ninety days after the default. If such a	124863
plan is entered into, the time period for filing a request for	124864
foreclosure or a notice of intent to foreclose under section	124865
5721.37 of the Revised Code is extended by the length of time the	124866
plan is in effect and not in default.	124867

(D)(1) Immediately upon receipt of full payment under	124868
division (A) or (B) of this section, the county treasurer shall	124869
make an entry to that effect in the tax certificate register,	124870
credit the payment to the tax certificate redemption fund created	124871
in the county treasury, and shall notify the certificate holder or	124872
holders by ordinary first class or certified mail or by binary	124873
means that the parcel has been redeemed and the lien or liens	124874
canceled, and that payment on the certificate or certificates is	124875
forthcoming. The treasurer shall pay the tax certificate holder or	124876
holders promptly.	124877

The county treasurer shall administer the tax certificate	124878
redemption fund for the purpose of redeeming tax certificates.	124879
Interest earned on the fund shall be credited to the county	124880
general fund. If the county has established a county land	124881
reutilization corporation, the county treasurer may apply interest	124882
earned on the fund to the payment of the expenses of such	124883
corporation.	124884

(2) If a redemption payment plan is entered into pursuant to	124885
division (C)(1) of this section, the county treasurer immediately	124886
shall notify each certificate holder by ordinary first class or	124887
certified mail or by binary means of the terms of the plan.	124888
Installment payments made pursuant to the plan shall be deposited	124889
in the tax certificate redemption fund. Any overpayment of the	124890
installments shall be refunded to the person responsible for	124891
causing the overpayment if the person applies for a refund under	124892
this section. If the person responsible for causing the	124893
overpayment fails to apply for a refund under this section within	124894
five years from the date the plan is satisfied, an amount equal to	124895
the overpayment shall be deposited into the general fund of the	124896
county. If the county has established a county land reutilization	124897
corporation, the county treasurer may apply such overpayment to	124898
the payment of the expenses of the corporation.	124899

Upon satisfaction of the plan, the county treasurer shall	124900
indicate in the tax certificate register that the plan has been	124901
satisfied, and shall notify each certificate holder by ordinary	124902
first class or certified mail or by binary means that the plan has	124903
been satisfied and that payment on the certificate or certificates	124904
is forthcoming. The treasurer shall pay each certificate holder	124905
promptly.	124906

If a redemption payment plan becomes void, the county	124907
treasurer shall notify each certificate holder by ordinary first	124908
class or certified mail or by binary means. If a certificate	124909
holder files a request for foreclosure under section 5721.37 of	124910
the Revised Code, upon the filing of the request for foreclosure,	124911
any money paid under the plan shall be refunded to the person that	124912
paid the money under the plan.	124913

(3) Upon receipt of the payment required under division	124914
(B)(1) of section 5721.37 of the Revised Code, the treasurer shall	124915
pay all other certificate holders and indicate in the tax	124916
certificate register that such certificates have been satisfied.	124917
If a county has organized a county land reutilization corporation,	124918
the county treasurer may apply the redemption price and any	124919
applicable interest payable under division (B) of this section to	124920
the payment of the expenses of the corporation.	124921

Sec. 5721.42. After the settlement required under division	124922
(C) of section 321.24 of the Revised Code, the county treasurer	124923
shall notify the certificate holder of the most recently issued	124924
tax certificate, by ordinary first class or certified mail or by	124925
binary means, that the certificate holder may purchase a	124926
subsequent tax certificate by paying all delinquent taxes on the	124927
related certificate parcel, the lien against which has not been	124928
transferred by the sale of a tax certificate. During the thirty	124929
days after receiving the notice, the certificate holder possesses	124930
the exclusive right to purchase the subsequent tax certificate by	124931
paying those amounts to the county treasurer. The amount of the	124932
payment shall constitute a separate lien against the certificate	124933
parcel that shall be evidenced by the issuance by the treasurer to	124934
the certificate holder of an additional tax certificate with	124935
respect to the delinquent taxes so paid on the related certificate	124936
parcel. The amount of the payment as set forth in the tax	124937
certificate shall earn interest at the rate of eighteen per cent	124938
per year. The certificate period of each subsequent tax	124939
certificate shall terminate on the expiration date of the	124940
certificate period of the most recent tax certificate for the same	124941
certificate parcel.	124942

Sec. 5722.13. Real property acquired and held by an electing	124943
subdivision pursuant to this chapter that is not sold or otherwise	124944
transferred within fifteen years after such acquisition shall be	124945
offered for sale at public auction during the sixteenth year after	124946
acquisition. If the real property is not sold at that time, it may	124947
be disposed of or retained for any lawful purpose without further	124948
application of this chapter.	124949

Notice of the sale shall contain a description of each	124950
parcel, the permanent parcel number, and the full street address	124951
when available. The notice shall be published once a week for	124952
three consecutive weeks prior to the sale in a newspaper of	124953
general circulation within the electing subdivision. The newspaper	124954
shall meet the requirements of section 7.12 of the Revised Code.	124955

Each parcel subsequent to the fifteenth year after its	124956
acquisition as part of a land reutilization program shall be sold	124957
for an amount equal to not less than the greater of:	124958

(A) Two-thirds of its fair market value;

124959

(B) The total amount of accrued taxes, assessments,	124960
penalties, interest, charges, and costs incurred by the electing	124961
subdivision in the acquisition, maintenance, and disposal of each	124962
parcel and the parcel's share of the costs and expenses of the	124963
land reutilization program.	124964

The sale requirements of this section do not apply to real	124965
property acquired and held by a county land reutilization	124966
corporation.	124967

Sec. 5723.05. If the taxes, assessments, charges, penalties,	124968
interest, and costs due on the forfeited lands have not been paid	124969
when the county auditor fixes the date for the sale of forfeited	124970
lands, the auditor shall give notice of them once a week for two	124971
consecutive weeks prior to the date fixed by the auditor for the	124972
sale, ~~in two newspapers~~ as provided in section 5721.03 of the	124973
Revised Code. The notice shall state that if the taxes,	124974
assessments, charges, penalties, interest, and costs charged	124975
against the lands forfeited to the state for nonpayment of taxes	124976
are not paid into the county treasury, and the county treasurer's	124977
receipt produced for the payment before the time specified in the	124978
notice for the sale of the lands, which day shall be named in the	124979
notice, each forfeited tract on which the taxes, assessments,	124980
charges, penalties, interest, and costs remain unpaid will be	124981
offered for sale beginning on the date set by the auditor, at the	124982
courthouse in the county, in order to satisfy the unpaid taxes,	124983
assessments, charges, penalties, interest, and costs, and that the	124984
sale will continue from day to day until each of the tracts is	124985
sold or offered for sale.	124986

The notice also shall state that, if the forfeited land is	124987
sold for an amount that is less than the amount of the delinquent	124988
taxes, assessments, charges, penalties, and interest against it,	124989
and, if division (B)(2) of section 5721.17 of the Revised Code is	124990
applicable, any notes issued by a receiver pursuant to division	124991
(F) of section 3767.41 of the Revised Code and any receiver's lien	124992
as defined in division (C)(4) of section 5721.18 of the Revised	124993
Code, the court, in a separate order, may enter a deficiency	124994
judgment against the last owner of record of the land before its	124995
forfeiture to the state, for the amount of the difference; and	124996
that, if that owner of record is a corporation, the court may	124997
enter the deficiency judgment against the stockholder holding a	124998
majority of that corporation's stock.	124999

Sec. 5723.18. (A) Except as otherwise provided in division	125000
(B)(2) of section 5721.17 and division (B) of section 319.43 of	125001
the Revised Code, the proceeds from a forfeiture sale shall be	125002
distributed as follows:	125003

(1) The county auditor shall deduct all costs pertaining to	125004
the forfeiture and sale of forfeited lands, including costs	125005
pertaining to a foreclosure and forfeiture proceeding instituted	125006
under section 5721.14 of the Revised Code, except those paid under	125007
section 5721.04 of the Revised Code, from the moneys received from	125008
the sale of land and town lots forfeited to the state for the	125009
nonpayment of taxes, and shall pay such costs into the proper	125010
fund. In the case of the forfeiture sale of a parcel against which	125011
a foreclosure and forfeiture proceeding was instituted under	125012
section 5721.14 of the Revised Code, if the proceeds from the	125013
forfeiture sale are insufficient to pay the costs pertaining to	125014
such proceeding, the county auditor, at the next semiannual	125015
apportionment of real property taxes, shall reduce the amount of	125016
real property taxes that the auditor otherwise would distribute to	125017
each subdivision to which taxes, assessments, charges, penalties,	125018
or interest charged against the parcel are due. The reduction in	125019
each subdivision's real property tax distribution shall equal the	125020
amount of the unpaid costs multiplied by a fraction, the numerator	125021
of which is the amount of taxes, assessments, charges, penalties,	125022
and interest due the subdivision, and the denominator of which is	125023
the total amount of taxes, assessments, charges, penalties, and	125024
interest due all such subdivisions.	125025

(2) Following the payment required by division (A)(1) of this	125026
section, the part of the proceeds that is equal to ten per cent of	125027
the taxes and assessments due shall be deposited in equal shares	125028
into each of the delinquent tax and assessment collection ~~fund~~	125029
funds created pursuant to section 321.261 of the Revised Code.	125030

(3) Following the payment required by division (A)(2) of this	125031
section, the remaining proceeds shall be distributed by the	125032
auditor to the appropriate subdivisions to pay the taxes,	125033
assessments, charges, penalties, and interest which are due and	125034
unpaid. If the proceeds available for distribution under this	125035
division are insufficient to pay the entire amount of those taxes,	125036
assessments, charges, penalties, and interest, the auditor shall	125037
distribute the proceeds available for distribution under this	125038
division to the appropriate subdivisions in proportion to the	125039
amount of those taxes, assessments, charges, penalties, and	125040
interest that each is due.	125041

(B) If the proceeds from the sale of forfeited land are	125042
insufficient to pay in full the amount of the taxes, assessments,	125043
charges, penalties, and interest; the costs incurred in the	125044
proceedings instituted pursuant to this chapter and section	125045
5721.18 of the Revised Code, or the foreclosure and forfeiture	125046
proceeding instituted pursuant to section 5721.14 of the Revised	125047
Code; and, if division (B)(2) of section 5721.17 of the Revised	125048
Code is applicable, any notes issued by a receiver pursuant to	125049
division (F) of section 3767.41 of the Revised Code and any	125050
receiver's lien as defined in division (C)(4) of section 5721.18	125051
of the Revised Code, the court may enter a deficiency judgment	125052
against the last owner of record of the land before its forfeiture	125053
to the state, for the unpaid amount. The court shall enter the	125054
judgment pursuant to section 5721.192 of the Revised Code. Except	125055
as otherwise provided in division (B) of section 319.43 of the	125056
Revised Code, the proceeds paid pursuant to the entry and	125057
satisfaction of such a judgment shall be distributed as if they	125058
had been received as a part of the proceeds from the sale of the	125059
land to satisfy the amount of the taxes, assessments, charges,	125060
penalties, and interest which are due and unpaid; the costs	125061
incurred in the associated proceedings which were due and unpaid;	125062
and, if division (B)(2) of section 5721.17 of the Revised Code is	125063
applicable, any notes issued by a receiver pursuant to division	125064
(F) of section 3767.41 of the Revised Code and any receiver's lien	125065
as defined in division (C)(4) of section 5721.18 of the Revised	125066
Code.	125067

Sec. 5725.151. (A) As used in this section, "certificate	125068
owner" has the same meaning as in section 149.311 of the Revised	125069
Code.	125070

(B) There is allowed a credit against the tax imposed by	125071
section 5707.03 and assessed under section 5725.15 of the Revised	125072
Code for a dealer in intangibles subject to that tax that is a	125073
certificate owner of a rehabilitation tax credit certificate	125074
issued under section 149.311 of the Revised Code. The credit shall	125075
equal twenty-five per cent of the dollar amount indicated on the	125076
certificate, but the amount of the credit allowed for any dealer	125077
for any year shall not exceed five million dollars. The credit	125078
shall be claimed in the calendar year specified in the	125079
certificate. If the credit exceeds the amount of tax otherwise due	125080
in that year, the excess shall be refunded to the dealer but, if	125081
any amount of the credit is refunded, the sum of the amount	125082
refunded and the amount applied to reduce the tax otherwise due in	125083
that year shall not exceed three million dollars. The dealer may	125084
carry forward any balance of the credit in excess of the amount	125085
claimed in that year for not more than five ensuing years, and	125086
shall deduct any amount claimed in any such year from the amount	125087
claimed in an ensuing year.	125088

(C) A dealer in intangibles claiming a credit under this	125089
section shall retain the rehabilitation tax credit certificate for	125090
four years following the end of the year in which the credit was	125091
claimed, and shall make the certificate available for inspection	125092
by the tax commissioner upon the request of the tax commissioner	125093
during that period.	125094

~~(D) For the purpose of division (C) of section 5725.24 of the~~	125095
~~Revised Code, reductions in the amount of taxes collected on~~	125096
~~account of credits allowed under this section shall be applied to~~	125097
~~reduce the amount credited to the general revenue fund and shall~~	125098
~~not be applied to reduce the amount to be credited to the~~	125099
~~undivided local government funds of the counties in which such~~	125100
~~taxes originate.~~	125101

Sec. 5725.24. (A) ~~As used in this section, "qualifying~~	125102
~~dealer" means a dealer in intangibles that is a qualifying dealer~~	125103
~~in intangibles as defined in section 5733.45 of the Revised Code~~	125104
~~or a member of a qualifying controlled group, as defined in~~	125105
~~section 5733.04 of the Revised Code, of which an insurance company~~	125106
~~also is a member on the first day of January of the year in and~~	125107
~~for which the tax imposed by section 5707.03 of the Revised Code~~	125108
~~is required to be paid by the dealer.~~	125109

~~(B)~~ The taxes levied by section 5725.18 of the Revised Code	125110
and collected pursuant to this chapter shall be paid into the	125111
state treasury to the credit of the general revenue fund.	125112

~~(C)~~(B) The taxes levied by section 5707.03 of the Revised	125113
Code on the value of shares in and capital employed by all dealers	125114
in intangibles ~~other than those that are qualifying dealers~~ shall	125115
be ~~for the use of~~paid into the state treasury to the credit of	125116
the general revenue fund ~~of the state and the local government~~	125117
~~funds of the several counties in which the taxes originate as~~	125118
~~provided in this division.~~	125119

~~During each month for which there is money in the state~~	125120
~~treasury for disbursement under this division, the tax~~	125121
~~commissioner shall provide for payment to the county treasurer of~~	125122
~~each county of five-eighths of the amount of the taxes collected~~	125123
~~on account of shares in and capital employed by dealers in~~	125124
~~intangibles other than those that are qualifying dealers,~~	125125
~~representing capital employed in the county. The balance of the~~	125126
~~money received and credited on account of taxes assessed on shares~~	125127
~~in and capital employed by such dealers in intangibles shall be~~	125128
~~credited to the general revenue fund.~~	125129

~~Reductions in the amount of taxes collected on account of~~	125130
~~credits allowed under section 5725.151 of the Revised Code shall~~	125131
~~be applied to reduce the amount credited to the general revenue~~	125132
~~fund and shall not be applied to reduce the amount to be credited~~	125133
~~to the undivided local government funds of the counties in which~~	125134
~~such taxes originate.~~	125135

~~For the purpose of this division, such taxes are deemed to~~	125136
~~originate in the counties in which such dealers in intangibles~~	125137
~~have their offices.~~	125138

~~Money received into the treasury of a county pursuant to this~~	125139
~~section shall be credited to the undivided local government fund~~	125140
~~of the county and shall be distributed by the budget commission as~~	125141
~~provided by law.~~	125142

~~(D) All of the taxes levied under section 5707.03 of the~~	125143
~~Revised Code on the value of the shares in and capital employed by~~	125144
~~dealers in intangibles that are qualifying dealers shall be paid~~	125145
~~into the state treasury to the credit of the general revenue fund~~.	125146

Sec. 5725.34. (A) As used in this section, "certificate	125147
owner" has the same meaning as in section 149.311 of the Revised	125148
Code.	125149

(B) There is allowed a credit against the tax imposed by	125150
section 5725.18 of the Revised Code for an insurance company	125151
subject to that tax that is a certificate owner of a	125152
rehabilitation tax credit certificate issued under section 149.311	125153
of the Revised Code. The credit shall equal twenty-five per cent	125154
of the dollar amount indicated on the certificate, but the amount	125155
of the credit allowed for any company for any year shall not	125156
exceed five million dollars. The credit shall be claimed in the	125157
calendar year specified in the certificate and in the order	125158
required under section 5725.98 of the Revised Code. If the credit	125159
exceeds the amount of tax otherwise due in that year, the excess	125160
shall be refunded to the company but, if any amount of the credit	125161
is refunded, the sum of the amount refunded and the amount applied	125162
to reduce the tax otherwise due in that year shall not exceed	125163
three million dollars. The company may carry forward any balance	125164
of the credit in excess of the amount claimed in that year for not	125165
more than five ensuing years, and shall deduct any amount claimed	125166
in any such year from the amount claimed in an ensuing year.	125167

(C) An insurance company claiming a credit under this section	125168
shall retain the rehabilitation tax credit certificate for four	125169
years following the end of the year in which the credit was	125170
claimed, and shall make the certificate available for inspection	125171
by the tax commissioner upon the request of the tax commissioner	125172
during that period.	125173

Sec. 5725.98. (A) To provide a uniform procedure for	125174
calculating the amount of tax imposed by section 5725.18 of the	125175
Revised Code that is due under this chapter, a taxpayer shall	125176
claim any credits and offsets against tax liability to which it is	125177
entitled in the following order:	125178

(1) The credit for an insurance company or insurance company	125179
group under section 5729.031 of the Revised Code;	125180

(2) The credit for eligible employee training costs under	125181
section 5725.31 of the Revised Code;	125182

(3) The credit for purchasers of qualified low-income	125183
community investments under section 5725.33 of the Revised Code;	125184

(4) The nonrefundable job retention credit under division	125185
(B)(1) of section 122.171 of the Revised Code;	125186

(5) The offset of assessments by the Ohio life and health	125187
insurance guaranty association permitted by section 3956.20 of the	125188
Revised Code;	125189

(6) The refundable credit for rehabilitating a historic	125190
building under section 5725.34 of the Revised Code.	125191

(7) The refundable credit for Ohio job retention under	125192
division (B)(2) or (3) of section 122.171 of the Revised Code;	125193

~~(7)~~(8) The refundable credit for Ohio job creation under	125194
section 5725.32 of the Revised Code;	125195

~~(8)~~(9) The refundable credit under section 5725.19 of the	125196
Revised Code for losses on loans made under the Ohio venture	125197
capital program under sections 150.01 to 150.10 of the Revised	125198
Code.	125199

(B) For any credit except the refundable credits enumerated	125200
in this section, the amount of the credit for a taxable year shall	125201
not exceed the tax due after allowing for any other credit that	125202
precedes it in the order required under this section. Any excess	125203
amount of a particular credit may be carried forward if authorized	125204
under the section creating that credit. Nothing in this chapter	125205
shall be construed to allow a taxpayer to claim, directly or	125206
indirectly, a credit more than once for a taxable year.	125207

Sec. 5727.57. In addition to all other remedies for the	125208
collection of any taxes or penalties due under law, whenever any	125209
taxes, fees, or penalties due from any public utility have	125210
remained unpaid for a period of ninety days, or whenever any	125211
public utility has failed for a period of ninety days to make any	125212
report or return required by law, or to pay any penalty for	125213
failure to make or file such report or return, the attorney	125214
general, upon the request of the tax commissioner, shall file a	125215
petition in the court of common pleas in the county of the state	125216
in which such public utility has its principal place of business	125217
for a judgment for the amount of the taxes and penalties appearing	125218
to be due, the enforcement of any lien in favor of the state, and	125219
an injunction to restrain such public utility and its officers,	125220
directors, and managing agents from the transaction of any	125221
business within this state, other than such acts as are incidental	125222
to liquidation or winding up, until the payment of such taxes,	125223
fees, penalties, and the costs of the proceeding, which shall be	125224
fixed by the court, or the making and filing of such report or	125225
return.	125226

Such petition shall be in the name of the state. All or any	125227
of the public utilities having their principal places of business	125228
in the county may be joined in one suit. On the motion of the	125229
attorney general, the court of common pleas shall enter an order	125230
requiring all defendants to answer by a day certain, and may	125231
appoint a special master commissioner to take testimony, with such	125232
other power and authority as the court confers, and permit process	125233
to be served by certified mail and by publication in a newspaper	125234
of general circulation ~~published~~ in the county, which publication	125235
need not be made more than once, setting forth the name of each	125236
delinquent public utility, the matter in which such public utility	125237
is delinquent, the names of its officers, directors, and managing	125238
agents, if set forth in the petition, and the amount of any taxes,	125239
fees, or penalties claimed to be owing by said public utility.	125240

All of the officers, directors, shareholders, or managing	125241
agents of any public utility may be joined as defendants with such	125242
public utility.	125243

If it appears to the court upon hearing that any public	125244
utility which is a party to such proceeding is indebted to the	125245
state for taxes, fees, or penalties, judgment shall be entered	125246
therefor with interest, which shall be computed at the rate per	125247
annum prescribed by section 5703.47 of the Revised Code; and if it	125248
appears that any public utility has failed to make or file any	125249
report or return, a mandatory injunction may be issued against	125250
such public utility, its officers, directors, and managing agents,	125251
as such enjoining them from the transaction of any business within	125252
this state, other than acts incidental to liquidation or winding	125253
up, until the making and filing of all proper reports or returns	125254
and the payment in full of all taxes, fees, and penalties.	125255

If the officers, directors, shareholders, or managing agents	125256
of a public utility are not made parties in the first instance,	125257
and a judgment or an injunction is rendered or issued against such	125258
public utility, such officers, directors, shareholders, or	125259
managing agents, or any of them, may be made parties to such	125260
proceedings upon the motion of the attorney general, and, upon	125261
notice to them of the form and terms of such injunction, they	125262
shall be bound thereby as fully as if they had been made parties	125263
in the first instance.	125264

In any action authorized by this section, a statement of the	125265
commissioner or the secretary of state, when duly certified shall	125266
be prima-facie evidence of the amount of taxes, fees, or penalties	125267
due from any public utility, or of the failure of any public	125268
utility to file with the commissioner or the secretary of state	125269
any report required by law, and any such certificate of the	125270
commissioner or the secretary of state may be required in evidence	125271
in any such proceeding.	125272

On the application of any defendant and for good cause shown,	125273
the court may order a separate hearing of the issues as to any	125274
defendant.	125275

The costs of the proceeding shall be apportioned among the	125276
parties as the court deems proper.	125277

The court in such proceeding may make, enter, and enforce	125278
such other judgments and orders and grant such other relief as is	125279
necessary or incidental to the enforcement of the claims and lien	125280
of the state.	125281

In the performance of the duties enjoined ~~upon him~~ by this	125282
section the attorney general may direct any prosecuting attorney	125283
to bring an action, as authorized by this section, in the name of	125284
the state with respect to any delinquent public utilities within	125285
~~his~~the prosecuting attorney's county, and like proceedings and	125286
orders shall be had as if such action were instituted by the	125287
attorney general.	125288

Sec. 5727.75. (A) For purposes of this section:

125289

(1) "Qualified energy project" means an energy project	125290
certified by the director of development pursuant to this section.	125291

(2) "Energy project" means a project to provide electric	125292
power through the construction, installation, and use of an energy	125293
facility.	125294

(3) "Alternative energy zone" means a county declared as such	125295
by the board of county commissioners under division (E)(1)(b) or	125296
(c) of this section.	125297

(4) "Full-time equivalent employee" means the total number of	125298
employee-hours for which compensation was paid to individuals	125299
employed at a qualified energy project for services performed at	125300
the project during the calendar year divided by two thousand	125301
eighty hours.	125302

(5) "Solar energy project" means an energy project composed	125303
of an energy facility using solar panels to generate electricity.	125304

(B)(1) Tangible personal property of a qualified energy	125305
project using renewable energy resources is exempt from taxation	125306
for tax years 2011 ~~and~~, 2012, 2013, 2014, and 2015 if all of the	125307
following conditions are satisfied:	125308

(a) On or before December 31, ~~2011~~2014, the owner or a	125309
lessee pursuant to a sale and leaseback transaction of the project	125310
submits an application to the power siting board for a certificate	125311
under section 4906.20 of the Revised Code, or if that section does	125312
not apply, submits an application for any approval, consent,	125313
permit, or certificate or satisfies any condition required by a	125314
public agency or political subdivision of this state for the	125315
construction or initial operation of an energy project.	125316

(b) Construction or installation of the energy facility	125317
begins on or after January 1, 2009, and before January 1, ~~2012~~	125318
2015. For the purposes of this division, construction begins on	125319
the earlier of the date of application for a certificate or other	125320
approval or permit described in division (B)(1)(a) of this	125321
section, or the date the contract for the construction or	125322
installation of the energy facility is entered into.	125323

(c) For a qualified energy project with a nameplate capacity	125324
of five megawatts or greater, a board of county commissioners of a	125325
county in which property of the project is located has adopted a	125326
resolution under division (E)(1)(b) or (c) of this section to	125327
approve the application submitted under division (E) of this	125328
section to exempt the property located in that county from	125329
taxation. A board's adoption of a resolution rejecting an	125330
application or its failure to adopt a resolution approving the	125331
application does not affect the tax-exempt status of the qualified	125332
energy project's property that is located in another county.	125333

(2) If tangible personal property of a qualified energy	125334
project using renewable energy resources was exempt from taxation	125335
under this section ~~for~~beginning in any of tax years 2011 ~~and~~,	125336
2012, 2013, 2014, or 2015, and the certification under division	125337
(E)(2) of this section has not been revoked, the tangible personal	125338
property of the qualified energy project is exempt from taxation	125339
for tax year ~~2013~~2016 and all ensuing tax years if the property	125340
was placed into service before January 1, ~~2013~~2016, as certified	125341
in the construction progress report required under division (F)(2)	125342
of this section. Tangible personal property that has not been	125343
placed into service before that date is taxable property subject	125344
to taxation. An energy project for which certification has been	125345
revoked is ineligible for further exemption under this section.	125346
Revocation does not affect the tax-exempt status of the project's	125347
tangible personal property for the tax year in which revocation	125348
occurs or any prior tax year.	125349

(C) Tangible personal property of a qualified energy project	125350
using clean coal technology, advanced nuclear technology, or	125351
cogeneration technology is exempt from taxation for the first tax	125352
year that the property would be listed for taxation and all	125353
subsequent years if all of the following circumstances are met:	125354

(1) The property was placed into service before January 1,	125355
~~2017~~2020. Tangible personal property that has not been placed	125356
into service before that date is taxable property subject to	125357
taxation.	125358

(2) For such a qualified energy project with a nameplate	125359
capacity of five megawatts or greater, a board of county	125360
commissioners of a county in which property of the qualified	125361
energy project is located has adopted a resolution under division	125362
(E)(1)(b) or (c) of this section to approve the application	125363
submitted under division (E) of this section to exempt the	125364
property located in that county from taxation. A board's adoption	125365
of a resolution rejecting the application or its failure to adopt	125366
a resolution approving the application does not affect the	125367
tax-exempt status of the qualified energy project's property that	125368
is located in another county.	125369

(3) The certification for the qualified energy project issued	125370
under division (E)(2) of this section has not been revoked. An	125371
energy project for which certification has been revoked is	125372
ineligible for exemption under this section. Revocation does not	125373
affect the tax-exempt status of the project's tangible personal	125374
property for the tax year in which revocation occurs or any prior	125375
tax year.	125376

(D) Except as otherwise provided in this ~~division~~section,	125377
real property of a qualified energy project is exempt from	125378
taxation for any tax year for which the tangible personal property	125379
of the qualified energy project is exempted under this section.	125380

(E)(1)(a) A person may apply to the director of development	125381
for certification of an energy project as a qualified energy	125382
project on or before the following dates:	125383

(i) December 31, ~~2011~~2014, for an energy project using	125384
renewable energy resources;	125385

(ii) December 31, ~~2013~~2016, for an energy project using	125386
clean coal technology, advanced nuclear technology, or	125387
cogeneration technology.	125388

(b) The director shall forward a copy of each application for	125389
certification of an energy project with a nameplate capacity of	125390
five megawatts or greater to the board of county commissioners of	125391
each county in which the project is located and to each taxing	125392
unit with territory located in each of the affected counties. Any	125393
board that receives from the director a copy of an application	125394
submitted under this division shall adopt a resolution approving	125395
or rejecting the application unless it has adopted a resolution	125396
under division (E)(1)(c) of this section. A resolution adopted	125397
under division (E)(1)(b) or (c) of this section may require an	125398
annual service payment to be made in addition to the service	125399
payment required under division (G) of this section. The sum of	125400
the service payment required in the resolution and the service	125401
payment required under division (G) of this section shall not	125402
exceed nine thousand dollars per megawatt of nameplate capacity	125403
located in the county. The resolution shall specify the time and	125404
manner in which the payments required by the resolution shall be	125405
paid to the county treasurer. The county treasurer shall deposit	125406
the payment to the credit of the county's general fund to be used	125407
for any purpose for which money credited to that fund may be used.	125408

The board shall send copies of the resolution by certified	125409
mail to the owner of the facility and the director within thirty	125410
days after receipt of the application, or a longer period of time	125411
if authorized by the director.	125412

(c) A board of county commissioners may adopt a resolution	125413
declaring the county to be an alternative energy zone and	125414
declaring all applications submitted to the director of	125415
development under this division after the adoption of the	125416
resolution, and prior to its repeal, to be approved by the board.	125417

All tangible personal property and real property of an energy	125418
project with a nameplate capacity of five megawatts or greater is	125419
taxable if it is located in a county in which the board of county	125420
commissioners adopted a resolution rejecting the application	125421
submitted under this division or failed to adopt a resolution	125422
approving the application under division (E)(1)(b) or (c) of this	125423
section.	125424

(2) The director shall certify an energy project if all of	125425
the following circumstances exist:	125426

(a) The application was timely submitted.

125427

(b) For an energy project with a nameplate capacity of five	125428
megawatts or greater, a board of county commissioners of at least	125429
one county in which the project is located has adopted a	125430
resolution approving the application under division (E)(1)(b) or	125431
(c) of this section.	125432

(c) No portion of the project's facility was used to supply	125433
electricity before December 31, 2009.	125434

(3) The director shall deny a certification application if	125435
the director determines the person has failed to comply with any	125436
requirement under this section. The director may revoke a	125437
certification if the director determines the person, or subsequent	125438
owner or lessee pursuant to a sale and leaseback transaction of	125439
the qualified energy project, has failed to comply with any	125440
requirement under this section. Upon certification or revocation,	125441
the director shall notify the person, owner, or lessee, the tax	125442
commissioner, and the county auditor of a county in which the	125443
project is located of the certification or revocation. Notice	125444
shall be provided in a manner convenient to the director.	125445

(F) The owner or a lessee pursuant to a sale and leaseback	125446
transaction of a qualified energy project shall do each of the	125447
following:	125448

(1) Comply with all applicable regulations;

125449

(2) File with the director of development a certified	125450
construction progress report before the first day of March of each	125451
year during the energy facility's construction or installation	125452
indicating the percentage of the project completed, and the	125453
project's nameplate capacity, as of the preceding thirty-first day	125454
of December. Unless otherwise instructed by the director of	125455
development, the owner or lessee of an energy project shall file a	125456
report with the director on or before the first day of March each	125457
year after completion of the energy facility's construction or	125458
installation indicating the project's nameplate capacity as of the	125459
preceding thirty-first day of December. Not later than sixty days	125460
after ~~the effective date of this section~~June 17, 2010, the owner	125461
or lessee of an energy project, the construction of which was	125462
completed before ~~the effective date of this section~~June 17,	125463
2010, shall file a certificate indicating the project's nameplate	125464
capacity.	125465

(3) File with the director of development, in a manner	125466
prescribed by the director, a report of the total number of	125467
full-time equivalent employees, and the total number of full-time	125468
equivalent employees domiciled in Ohio, who are employed in the	125469
construction or installation of the energy facility;	125470

(4) For energy projects with a nameplate capacity of five	125471
megawatts or greater, repair all roads, bridges, and culverts	125472
affected by construction as reasonably required to restore them to	125473
their preconstruction condition, as determined by the county	125474
engineer in consultation with the local jurisdiction responsible	125475
for the roads, bridges, and culverts. In the event that the county	125476
engineer deems any road, bridge, or culvert to be inadequate to	125477
support the construction or decommissioning of the energy	125478
facility, the road, bridge, or culvert shall be rebuilt or	125479
reinforced to the specifications established by the county	125480
engineer prior to the construction or decommissioning of the	125481
facility. The owner or lessee of the facility shall post a bond in	125482
an amount established by the county engineer and to be held by the	125483
board of county commissioners to ensure funding for repairs of	125484
roads, bridges, and culverts affected during the construction. The	125485
bond shall be released by the board not later than one year after	125486
the date the repairs are completed. The energy facility owner or	125487
lessee pursuant to a sale and leaseback transaction shall post a	125488
bond, as may be required by the Ohio power siting board in the	125489
certificate authorizing commencement of construction issued	125490
pursuant to section 4906.10 of the Revised Code, to ensure funding	125491
for repairs to roads, bridges, and culverts resulting from	125492
decommissioning of the facility. The energy facility owner or	125493
lessee and the county engineer may enter into an agreement	125494
regarding specific transportation plans, reinforcements,	125495
modifications, use and repair of roads, financial security to be	125496
provided, and any other relevant issue.	125497

(5) Provide or facilitate training for fire and emergency	125498
responders for response to emergency situations related to the	125499
energy project and, for energy projects with a nameplate capacity	125500
of five megawatts or greater, at the person's expense, equip the	125501
fire and emergency responders with proper equipment as reasonably	125502
required to enable them to respond to such emergency situations;	125503

(6) Maintain a ratio of Ohio-domiciled full-time equivalent	125504
employees employed in the construction or installation of the	125505
energy project to total full-time equivalent employees employed in	125506
the construction or installation of the energy project of not less	125507
than eighty per cent in the case of a solar energy project, and	125508
not less than fifty per cent in the case of any other energy	125509
project. In the case of an energy project for which certification	125510
from the power siting board is required under section 4906.20 of	125511
the Revised Code, the number of full-time equivalent employees	125512
employed in the construction or installation of the energy project	125513
equals the number actually employed or the number projected to be	125514
employed in the certificate application, if such projection is	125515
required under regulations adopted pursuant to section 4906.03 of	125516
the Revised Code, whichever is greater. For all other energy	125517
projects, the number of full-time equivalent employees employed in	125518
the construction or installation of the energy project equals the	125519
number actually employed or the number projected to be employed by	125520
the director of development, whichever is greater. To estimate the	125521
number of employees to be employed in the construction or	125522
installation of an energy project, the director shall use a	125523
generally accepted job-estimating model in use for renewable	125524
energy projects, including but not limited to the job and economic	125525
development impact model. The director may adjust an estimate	125526
produced by a model to account for variables not accounted for by	125527
the model.	125528

(7) For energy projects with a nameplate capacity in excess	125529
of two megawatts, establish a relationship with a member of the	125530
university system of Ohio as defined in section 3345.011 of the	125531
Revised Code or with a person offering an apprenticeship program	125532
registered with the employment and training administration within	125533
the United States department of labor or with the apprenticeship	125534
council created by section 4139.02 of the Revised Code, to educate	125535
and train individuals for careers in the wind or solar energy	125536
industry. The relationship may include endowments, cooperative	125537
programs, internships, apprenticeships, research and development	125538
projects, and curriculum development.	125539

(8) Offer to sell power or renewable energy credits from the	125540
energy project to electric distribution utilities or electric	125541
service companies subject to renewable energy resource	125542
requirements under section 4928.64 of the Revised Code that have	125543
issued requests for proposal for such power or renewable energy	125544
credits. If no electric distribution utility or electric service	125545
company issues a request for proposal on or before December 31,	125546
2010, or accepts an offer for power or renewable energy credits	125547
within forty-five days after the offer is submitted, power or	125548
renewable energy credits from the energy project may be sold to	125549
other persons. Division (F)(8) of this section does not apply if:	125550

(a) The owner or lessee is a rural electric company or a	125551
municipal power agency as defined in section 3734.058 of the	125552
Revised Code.	125553

(b) The owner or lessee is a person that, before completion	125554
of the energy project, contracted for the sale of power or	125555
renewable energy credits with a rural electric company or a	125556
municipal power agency.	125557

(c) The owner or lessee contracts for the sale of power or	125558
renewable energy credits from the energy project before ~~the~~	125559
~~effective date of this section as enacted by this act~~June 17,	125560
2010.	125561

(9) Make annual service payments as required by division (G)	125562
of this section and as may be required in a resolution adopted by	125563
a board of county commissioners under division (E) of this	125564
section.	125565

(G) The owner or a lessee pursuant to a sale and leaseback	125566
transaction of a qualified energy project shall make annual	125567
service payments in lieu of taxes to the county treasurer on or	125568
before the final dates for payments of taxes on public utility	125569
personal property on the real and public utility personal property	125570
tax list for each tax year for which property of the energy	125571
project is exempt from taxation under this section. The county	125572
treasurer shall allocate the payment on the basis of the project's	125573
physical location. Upon receipt of a payment, or if timely payment	125574
has not been received, the county treasurer shall certify such	125575
receipt or non-receipt to the director of development and tax	125576
commissioner in a form determined by the director and	125577
commissioner, respectively. Each payment shall be in the following	125578
amount:	125579

(1) In the case of a solar energy project, seven thousand	125580
dollars per megawatt of nameplate capacity located in the county	125581
as of December 31, 2010, for tax year 2011, as of December 31,	125582
2011, for tax year 2012, ~~and~~ as of December 31, 2012, for tax year	125583
2013, as of December 31, 2013, for tax year 2014, as of December	125584
31, 2014, for tax year 2015, and as of December 31, 2015, for tax	125585
year 2016 and each tax year thereafter;	125586

(2) In the case of any other energy project using renewable	125587
energy resources, the following:	125588

(a) If the project maintains during the construction or	125589
installation of the energy facility a ratio of Ohio-domiciled	125590
full-time equivalent employees to total full-time equivalent	125591
employees of not less than seventy-five per cent, six thousand	125592
dollars per megawatt of nameplate capacity located in the county	125593
as of the thirty-first day of December of the preceding tax year;	125594

(b) If the project maintains during the construction or	125595
installation of the energy facility a ratio of Ohio-domiciled	125596
full-time equivalent employees to total full-time equivalent	125597
employees of less than seventy-five per cent but not less than	125598
sixty per cent, seven thousand dollars per megawatt of nameplate	125599
capacity located in the county as of the thirty-first day of	125600
December of the preceding tax year;	125601

(c) If the project maintains during the construction or	125602
installation of the energy facility a ratio of Ohio-domiciled	125603
full-time equivalent employees to total full-time equivalent	125604
employees of less than sixty per cent but not less than fifty per	125605
cent, eight thousand dollars per megawatt of nameplate capacity	125606
located in the county as of the thirty-first day of December of	125607
the preceding tax year.	125608

(3) In the case of an energy project using clean coal	125609
technology, advanced nuclear technology, or cogeneration	125610
technology, the following:	125611

(a) If the project maintains during the construction or	125612
installation of the energy facility a ratio of Ohio-domiciled	125613
full-time equivalent employees to total full-time equivalent	125614
employees of not less than seventy-five per cent, six thousand	125615
dollars per megawatt of nameplate capacity located in the county	125616
as of the thirty-first day of December of the preceding tax year;	125617

(b) If the project maintains during the construction or	125618
installation of the energy facility a ratio of Ohio-domiciled	125619
full-time equivalent employees to total full-time equivalent	125620
employees of less than seventy-five per cent but not less than	125621
sixty per cent, seven thousand dollars per megawatt of nameplate	125622
capacity located in the county as of the thirty-first day of	125623
December of the preceding tax year;	125624

(c) If the project maintains during the construction or	125625
installation of the energy facility a ratio of Ohio-domiciled	125626
full-time equivalent employees to total full-time equivalent	125627
employees of less than sixty per cent but not less than fifty per	125628
cent, eight thousand dollars per megawatt of nameplate capacity	125629
located in the county as of the thirty-first day of December of	125630
the preceding tax year.	125631

(H) The director of development in consultation with the tax	125632
commissioner shall adopt rules pursuant to Chapter 119. of the	125633
Revised Code to implement and enforce this section.	125634

Sec. 5727.84. (A) As used in this section and sections	125635
5727.85, 5727.86, and 5727.87 of the Revised Code:	125636

(1) "School district" means a city, local, or exempted	125637
village school district.	125638

(2) "Joint vocational school district" means a joint	125639
vocational school district created under section 3311.16 of the	125640
Revised Code, and includes a cooperative education school district	125641
created under section 3311.52 or 3311.521 of the Revised Code and	125642
a county school financing district created under section 3311.50	125643
of the Revised Code.	125644

(3) "Local taxing unit" means a subdivision or taxing unit,	125645
as defined in section 5705.01 of the Revised Code, a park district	125646
created under Chapter 1545. of the Revised Code, or a township	125647
park district established under section 511.23 of the Revised	125648
Code, but excludes school districts and joint vocational school	125649
districts.	125650

(4) "State education aid," for a school district, means the	125651
following:	125652

(a) For fiscal years prior to fiscal year 2010, the sum of	125653
state aid amounts computed for the district under the following	125654
provisions, as they existed for the applicable fiscal year:	125655
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	125656
3317.022; divisions (B), (C), and (D) of section 3317.023;	125657
divisions (G), (L), and (N) of section 3317.024; and sections	125658
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and	125659
3317.053 of the Revised Code; and the adjustments required by:	125660
division (C) of section 3310.08; division (C)(2) of section	125661
3310.41; division (C) of section 3314.08; division (D)(2) of	125662
section 3314.091; division (D) of section 3314.13; divisions (E),	125663
(K), (L), (M), and (N) of section 3317.023; division (C) of	125664
section 3317.20; and sections 3313.979 and 3313.981 of the Revised	125665
Code. However, when calculating state education aid for a school	125666
district for fiscal years 2008 and 2009, include the amount	125667
computed for the district under Section 269.20.80 of H.B. 119 of	125668
the 127th general assembly, as subsequently amended, instead of	125669
division (D) of section 3317.022 of the Revised Code; and include	125670
amounts calculated under Section 269.30.80 of ~~this act~~H.B. 119 of	125671
the 127th general assembly, as subsequently amended.	125672

(b) For fiscal ~~year~~years 2010 and ~~for each fiscal year~~	125673
~~thereafter~~2011, the sum of the amounts computed for the district	125674
under former sections 3306.052, 3306.12, 3306.13, 3306.19,	125675
3306.191, and 3306.192;of the Revised Code and the following	125676
provisions, as they existed for the applicable fiscal year:	125677
division (G) of section 3317.024; sections 3317.05, 3317.052, and	125678
3317.053 of the Revised Code; and the adjustments required by	125679
division (C) of section 3310.08; division (C)(2) of section	125680
3310.41; division (C) of section 3314.08; division (D)(2) of	125681
section 3314.091; division (D) of section 3314.13; divisions (E),	125682
(K), (L), (M), and (N) of section 3317.023; division (C) of	125683
section 3317.20; and sections 3313.979 ~~and~~, 3313.981, and 3326.33	125684
of the Revised Code.	125685

(c) For fiscal years 2012 and 2013, the amount paid in	125686
accordance with the section of H.B. 153 of the 129th general	125687
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	125688
SCHOOL DISTRICTS" and the adjustments required by division (C) of	125689
section 3310.08; division (C)(2) of section 3310.41; section	125690
3310.55; division (C) of section 3314.08; division (D)(2) of	125691
section 3314.091; division (D) of section 3314.13; divisions (B),	125692
(H), (I), (J), and (K) of section 3317.023; division (C) of	125693
section 3317.20; and sections 3313.979 and 3313.981 of the Revised	125694
Code.	125695

(5) "State education aid," for a joint vocational school	125696
district, means the following:	125697

(a) For fiscal years prior to fiscal year 2010, the sum of	125698
the state aid amounts computed for the district under division (N)	125699
of section 3317.024 and section 3317.16 of the Revised Code.	125700
However, when calculating state education aid for a joint	125701
vocational school district for fiscal years 2008 and 2009, include	125702
the amount computed for the district under Section 269.30.90 of	125703
H.B. 119 of the 127th general assembly, as subsequently amended.	125704

(b) For fiscal years 2010 and 2011, the amount computed for	125705
the district in accordance with the section of ~~this act~~H.B. 1 of	125706
the 128th general assembly entitled "FUNDING FOR JOINT VOCATIONAL	125707
SCHOOL DISTRICTS".	125708

(c) For fiscal years 2012 and 2013, the amount paid in	125709
accordance with the section of H.B. 153 of the 129th general	125710
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	125711

(6) "State education aid offset" means the amount determined	125712
for each school district or joint vocational school district under	125713
division (A)(1) of section 5727.85 of the Revised Code.	125714

(7) "Recognized valuation" has the same meaning as in section	125715
3317.02 of the Revised Code.	125716

(8) "Electric company tax value loss" means the amount	125717
determined under division (D) of this section.	125718

(9) "Natural gas company tax value loss" means the amount	125719
determined under division (E) of this section.	125720

(10) "Tax value loss" means the sum of the electric company	125721
tax value loss and the natural gas company tax value loss.	125722

(11) "Fixed-rate levy" means any tax levied on property other	125723
than a fixed-sum levy.	125724

(12) "Fixed-rate levy loss" means the amount determined under	125725
division (G) of this section.	125726

(13) "Fixed-sum levy" means a tax levied on property at	125727
whatever rate is required to produce a specified amount of tax	125728
money or levied in excess of the ten-mill limitation to pay debt	125729
charges, and includes school district emergency levies imposed	125730
pursuant to section 5705.194 of the Revised Code.	125731

(14) "Fixed-sum levy loss" means the amount determined under	125732
division (H) of this section.	125733

(15) "Consumer price index" means the consumer price index	125734
(all items, all urban consumers) prepared by the bureau of labor	125735
statistics of the United States department of labor.	125736

(16) "Total resources" has the same meaning as in section	125737
5751.20 of the Revised Code.	125738

(17) "2011 current expense S.B. 3 allocation" means the sum	125739
of payments received by a school district or joint vocational	125740
school district in fiscal year 2011 for current expense levy	125741
losses pursuant to division (C)(2) of section 5727.85 of the	125742
Revised Code. If a fixed-rate levy eligible for reimbursement is	125743
not imposed in any year after tax year 2010, "2011 current expense	125744
S.B. 3 allocation" used to compute payments to be made under	125745
division (C)(3) of section 5727.85 of the Revised Code in the tax	125746
years following the last year the levy is imposed shall be reduced	125747
by the amount of those payments attributable to the fixed-rate	125748
levy loss of that levy.	125749

(18) "2010 current expense S.B. 3 allocation" means the sum	125750
of payments received by a municipal corporation in calendar year	125751
2010 for current expense levy losses pursuant to division (A)(1)	125752
of section 5727.86 of the Revised Code. If a fixed-rate levy	125753
eligible for reimbursement is not imposed in any year after tax	125754
year 2010, "2010 current expense S.B. 3 allocation" used to	125755
compute payments to be made under division (A)(1)(d) of section	125756
5727.86 of the Revised Code in the tax years following the last	125757
year the levy is imposed shall be reduced by the amount of those	125758
payments attributable to the fixed-rate levy loss of that levy.	125759

(19) "2010 S.B. 3 allocation" means the sum of payments	125760
received by a local taxing unit during calendar year 2010 pursuant	125761
to division (A)(1) of section 5727.86 of the Revised Code. If a	125762
fixed-rate levy eligible for reimbursement is not imposed in any	125763
year after tax year 2010, "2010 S.B. 3 allocation" used to compute	125764
payments to be made under division (A)(1)(d) of section 5727.86 of	125765
the Revised Code in the tax years following the last year the levy	125766
is imposed shall be reduced by the amount of those payments	125767
attributable to the fixed-rate levy loss of that levy.	125768

(20) "Total S.B. 3 allocation" means, in the case of a school	125769
district or joint vocational school district, the sum of the	125770
amounts received in fiscal year 2011 pursuant to divisions (C)(2)	125771
and (D) of section 5727.85 of the Revised Code. In the case of a	125772
local taxing unit, "total S.B. 3 allocation" means the sum of	125773
payments received by the unit in calendar year 2010 pursuant to	125774
divisions (A)(1) and (4) of section 5727.86 of the Revised Code.	125775
If a fixed-rate levy eligible for reimbursement is not imposed in	125776
any year after tax year 2010, "total S.B. 3 allocation" used to	125777
compute payments to be made under division (C)(3) of section	125778
5727.85 or division (A)(1)(d) of section 5727.86 of the Revised	125779
Code in the tax years following the last year the levy is imposed	125780
shall be reduced by the amount of those payments attributable to	125781
the fixed-rate levy loss of that levy as would be computed under	125782
division (C)(2) of section 5727.85 or division (A)(1)(b) of	125783
section 5727.86 of the Revised Code.	125784

(21) "2011 non-current expense S.B. 3 allocation" means the	125785
difference of a school district's or joint vocational school	125786
district's total S.B. 3 allocation minus the sum of the school	125787
district's 2011 current expense S.B. 3 allocation and the portion	125788
of the school district's total S.B. 3 allocation constituting	125789
reimbursement for debt levies pursuant to division (D) of section	125790
5727.85 of the Revised Code.	125791

(22) "2010 non-current expense S.B. 3 allocation" means the	125792
difference of a municipal corporation's total S.B. 3 allocation	125793
minus the sum of its 2010 current expense S.B. 3 allocation and	125794
the portion of its total S.B. 3 allocation constituting	125795
reimbursement for debt levies pursuant to division (A)(4) of	125796
section 5727.86 of the Revised Code.	125797

(23) "Threshold per cent" means, in the case of a school	125798
district or joint vocational school district, two per cent for	125799
fiscal year 2012 and four per cent for fiscal years 2013 and	125800
thereafter. In the case of a local taxing unit, "threshold per	125801
cent" means two per cent for calendar year 2011, four per cent for	125802
calendar year 2012, and six per cent for calendar years 2013 and	125803
thereafter.	125804

(B) The kilowatt-hour tax receipts fund is hereby created in	125805
the state treasury and shall consist of money arising from the tax	125806
imposed by section 5727.81 of the Revised Code. All money in the	125807
kilowatt-hour tax receipts fund shall be credited as follows:	125808

~~(1) Sixty-three per cent shall be credited to the general~~	125809
~~revenue fund.~~	125810

~~(2) Twenty-five and four-tenths per cent shall be credited to~~	125811
~~the school district property tax replacement fund, which is hereby~~	125812
~~created in the state treasury for the purpose of making the~~	125813
~~payments described in section 5727.85 of the Revised Code.~~	125814

~~(3) Eleven and six-tenths per cent shall be credited to the~~	125815
~~local government property tax replacement fund, which is hereby~~	125816
~~created in the state treasury for the purpose of making the~~	125817
~~payments described in section 5727.86 of the Revised Code.~~	125818

Fiscal Year	General Revenue Fund	School District Property Tax Replacement Fund	Local Government Property Tax Replacement Fund	125819
2001-2011	63.0%	25.4%	11.6%	125820
2012 and thereafter	88.0%	9.0%	3.0%	125821

(C) The natural gas tax receipts fund is hereby created in	125822
the state treasury and shall consist of money arising from the tax	125823
imposed by section 5727.811 of the Revised Code. All money in the	125824
fund shall be credited as follows:	125825

(1) For fiscal years before fiscal year 2012:

125826

(a) Sixty-eight and seven-tenths per cent shall be credited	125827
to the school district property tax replacement fund for the	125828
purpose of making the payments described in section 5727.85 of the	125829
Revised Code.	125830

~~(2)~~(b) Thirty-one and three-tenths per cent shall be credited	125831
to the local government property tax replacement fund for the	125832
purpose of making the payments described in section 5727.86 of the	125833
Revised Code.	125834

(2) For fiscal years 2012 and thereafter, one hundred per	125835
cent to the general revenue fund.	125836

(D) Not later than January 1, 2002, the tax commissioner	125837
shall determine for each taxing district its electric company tax	125838
value loss, which is the sum of the applicable amounts described	125839
in divisions (D)(1) to (4) of this section:	125840

(1) The difference obtained by subtracting the amount	125841
described in division (D)(1)(b) from the amount described in	125842
division (D)(1)(a) of this section.	125843

(a) The value of electric company and rural electric company	125844
tangible personal property as assessed by the tax commissioner for	125845
tax year 1998 on a preliminary assessment, or an amended	125846
preliminary assessment if issued prior to March 1, 1999, and as	125847
apportioned to the taxing district for tax year 1998;	125848

(b) The value of electric company and rural electric company	125849
tangible personal property as assessed by the tax commissioner for	125850
tax year 1998 had the property been apportioned to the taxing	125851
district for tax year 2001, and assessed at the rates in effect	125852
for tax year 2001.	125853

(2) The difference obtained by subtracting the amount	125854
described in division (D)(2)(b) from the amount described in	125855
division (D)(2)(a) of this section.	125856

(a) The three-year average for tax years 1996, 1997, and 1998	125857
of the assessed value from nuclear fuel materials and assemblies	125858
assessed against a person under Chapter 5711. of the Revised Code	125859
from the leasing of them to an electric company for those	125860
respective tax years, as reflected in the preliminary assessments;	125861

(b) The three-year average assessed value from nuclear fuel	125862
materials and assemblies assessed under division (D)(2)(a) of this	125863
section for tax years 1996, 1997, and 1998, as reflected in the	125864
preliminary assessments, using an assessment rate of twenty-five	125865
per cent.	125866

(3) In the case of a taxing district having a nuclear power	125867
plant within its territory, any amount, resulting in an electric	125868
company tax value loss, obtained by subtracting the amount	125869
described in division (D)(1) of this section from the difference	125870
obtained by subtracting the amount described in division (D)(3)(b)	125871
of this section from the amount described in division (D)(3)(a) of	125872
this section.	125873

(a) The value of electric company tangible personal property	125874
as assessed by the tax commissioner for tax year 2000 on a	125875
preliminary assessment, or an amended preliminary assessment if	125876
issued prior to March 1, 2001, and as apportioned to the taxing	125877
district for tax year 2000;	125878

(b) The value of electric company tangible personal property	125879
as assessed by the tax commissioner for tax year 2001 on a	125880
preliminary assessment, or an amended preliminary assessment if	125881
issued prior to March 1, 2002, and as apportioned to the taxing	125882
district for tax year 2001.	125883

(4) In the case of a taxing district having a nuclear power	125884
plant within its territory, the difference obtained by subtracting	125885
the amount described in division (D)(4)(b) of this section from	125886
the amount described in division (D)(4)(a) of this section,	125887
provided that such difference is greater than ten per cent of the	125888
amount described in division (D)(4)(a) of this section.	125889

(a) The value of electric company tangible personal property	125890
as assessed by the tax commissioner for tax year 2005 on a	125891
preliminary assessment, or an amended preliminary assessment if	125892
issued prior to March 1, 2006, and as apportioned to the taxing	125893
district for tax year 2005;	125894

(b) The value of electric company tangible personal property	125895
as assessed by the tax commissioner for tax year 2006 on a	125896
preliminary assessment, or an amended preliminary assessment if	125897
issued prior to March 1, 2007, and as apportioned to the taxing	125898
district for tax year 2006.	125899

(E) Not later than January 1, 2002, the tax commissioner	125900
shall determine for each taxing district its natural gas company	125901
tax value loss, which is the sum of the amounts described in	125902
divisions (E)(1) and (2) of this section:	125903

(1) The difference obtained by subtracting the amount	125904
described in division (E)(1)(b) from the amount described in	125905
division (E)(1)(a) of this section.	125906

(a) The value of all natural gas company tangible personal	125907
property, other than property described in division (E)(2) of this	125908
section, as assessed by the tax commissioner for tax year 1999 on	125909
a preliminary assessment, or an amended preliminary assessment if	125910
issued prior to March 1, 2000, and apportioned to the taxing	125911
district for tax year 1999;	125912

(b) The value of all natural gas company tangible personal	125913
property, other than property described in division (E)(2) of this	125914
section, as assessed by the tax commissioner for tax year 1999 had	125915
the property been apportioned to the taxing district for tax year	125916
2001, and assessed at the rates in effect for tax year 2001.	125917

(2) The difference in the value of current gas obtained by	125918
subtracting the amount described in division (E)(2)(b) from the	125919
amount described in division (E)(2)(a) of this section.	125920

(a) The three-year average assessed value of current gas as	125921
assessed by the tax commissioner for tax years 1997, 1998, and	125922
1999 on a preliminary assessment, or an amended preliminary	125923
assessment if issued prior to March 1, 2001, and as apportioned in	125924
the taxing district for those respective years;	125925

(b) The three-year average assessed value from current gas	125926
under division (E)(2)(a) of this section for tax years 1997, 1998,	125927
and 1999, as reflected in the preliminary assessment, using an	125928
assessment rate of twenty-five per cent.	125929

(F) The tax commissioner may request that natural gas	125930
companies, electric companies, and rural electric companies file a	125931
report to help determine the tax value loss under divisions (D)	125932
and (E) of this section. The report shall be filed within thirty	125933
days of the commissioner's request. A company that fails to file	125934
the report or does not timely file the report is subject to the	125935
penalty in section 5727.60 of the Revised Code.	125936

(G) Not later than January 1, 2002, the tax commissioner	125937
shall determine for each school district, joint vocational school	125938
district, and local taxing unit its fixed-rate levy loss, which is	125939
the sum of its electric company tax value loss multiplied by the	125940
tax rate in effect in tax year 1998 for fixed-rate levies and its	125941
natural gas company tax value loss multiplied by the tax rate in	125942
effect in tax year 1999 for fixed-rate levies.	125943

(H) Not later than January 1, 2002, the tax commissioner	125944
shall determine for each school district, joint vocational school	125945
district, and local taxing unit its fixed-sum levy loss, which is	125946
the amount obtained by subtracting the amount described in	125947
division (H)(2) of this section from the amount described in	125948
division (H)(1) of this section:	125949

(1) The sum of the electric company tax value loss multiplied	125950
by the tax rate in effect in tax year 1998, and the natural gas	125951
company tax value loss multiplied by the tax rate in effect in tax	125952
year 1999, for fixed-sum levies for all taxing districts within	125953
each school district, joint vocational school district, and local	125954
taxing unit. For the years 2002 through 2006, this computation	125955
shall include school district emergency levies that existed in	125956
1998 in the case of the electric company tax value loss, and 1999	125957
in the case of the natural gas company tax value loss, and all	125958
other fixed-sum levies that existed in 1998 in the case of the	125959
electric company tax value loss and 1999 in the case of the	125960
natural gas company tax value loss and continue to be charged in	125961
the tax year preceding the distribution year. For the years 2007	125962
through 2016 in the case of school district emergency levies, and	125963
for all years after 2006 in the case of all other fixed-sum	125964
levies, this computation shall exclude all fixed-sum levies that	125965
existed in 1998 in the case of the electric company tax value loss	125966
and 1999 in the case of the natural gas company tax value loss,	125967
but are no longer in effect in the tax year preceding the	125968
distribution year. For the purposes of this section, an emergency	125969
levy that existed in 1998 in the case of the electric company tax	125970
value loss, and 1999 in the case of the natural gas company tax	125971
value loss, continues to exist in a year beginning on or after	125972
January 1, 2007, but before January 1, 2017, if, in that year, the	125973
board of education levies a school district emergency levy for an	125974
annual sum at least equal to the annual sum levied by the board in	125975
tax year 1998 or 1999, respectively, less the amount of the	125976
payment certified under this division for 2002.	125977

(2) The total taxable value in tax year 1999 less the tax	125978
value loss in each school district, joint vocational school	125979
district, and local taxing unit multiplied by one-fourth of one	125980
mill.	125981

If the amount computed under division (H) of this section for	125982
any school district, joint vocational school district, or local	125983
taxing unit is greater than zero, that amount shall equal the	125984
fixed-sum levy loss reimbursed pursuant to division ~~(E)~~(F) of	125985
section 5727.85 of the Revised Code or division (A)(2) of section	125986
5727.86 of the Revised Code, and the one-fourth of one mill that	125987
is subtracted under division (H)(2) of this section shall be	125988
apportioned among all contributing fixed-sum levies in the	125989
proportion of each levy to the sum of all fixed-sum levies within	125990
each school district, joint vocational school district, or local	125991
taxing unit.	125992

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	125993
section, in computing the tax value loss, fixed-rate levy loss,	125994
and fixed-sum levy loss, the tax commissioner shall use the	125995
greater of the 1998 tax rate or the 1999 tax rate in the case of	125996
levy losses associated with the electric company tax value loss,	125997
but the 1999 tax rate shall not include for this purpose any tax	125998
levy approved by the voters after June 30, 1999, and the tax	125999
commissioner shall use the greater of the 1999 or the 2000 tax	126000
rate in the case of levy losses associated with the natural gas	126001
company tax value loss.	126002

(J) Not later than January 1, 2002, the tax commissioner	126003
shall certify to the department of education the tax value loss	126004
determined under divisions (D) and (E) of this section for each	126005
taxing district, the fixed-rate levy loss calculated under	126006
division (G) of this section, and the fixed-sum levy loss	126007
calculated under division (H) of this section. The calculations	126008
under divisions (G) and (H) of this section shall separately	126009
display the levy loss for each levy eligible for reimbursement.	126010

(K) Not later than September 1, 2001, the tax commissioner	126011
shall certify the amount of the fixed-sum levy loss to the county	126012
auditor of each county in which a school district with a fixed-sum	126013
levy loss has territory.	126014

Sec. 5727.85. (A) By the thirty-first day of July of each	126015
year, beginning in 2002 and ending in ~~2016~~2010, the department of	126016
education shall determine the following for each school district	126017
and each joint vocational school district:	126018

(1) The state education aid offset, which, except as provided	126019
in division (A)(1)(c) of this section, is the difference obtained	126020
by subtracting the amount described in division (A)(1)(b) of this	126021
section from the amount described in division (A)(1)(a) of this	126022
section:	126023

(a) The state education aid computed for the school district	126024
or joint vocational school district for the current fiscal year as	126025
of the thirty-first day of July;	126026

(b) The state education aid that would be computed for the	126027
school district or joint vocational school district for the	126028
current fiscal year as of the thirty-first day of July if the	126029
recognized valuation included the tax value loss for the school	126030
district or joint vocational school district;	126031

(c) The state education aid offset for fiscal year 2010 and	126032
fiscal year 2011 equals the greater of the state education aid	126033
offset calculated for that fiscal year under divisions (A)(1)(a)	126034
and (b) of this section or the state education aid offset	126035
calculated for fiscal year 2009.	126036

(2) ~~The~~For fiscal years 2008 through 2011, the greater of	126037
zero or the difference obtained by subtracting the state education	126038
aid offset determined under division (A)(1) of this section from	126039
the fixed-rate levy loss certified under division (J) of section	126040
5727.84 of the Revised Code for all taxing districts in each	126041
school district and joint vocational school district.	126042

By the fifth day of August of each such year, the department	126043
of education shall certify the amount so determined under division	126044
(A)(1) of this section to the director of budget and management.	126045

(B) Not later than the thirty-first day of October of the	126046
years 2006 through ~~2016~~2010, the department of education shall	126047
determine all of the following for each school district:	126048

(1) The amount obtained by subtracting the district's state	126049
education aid computed for fiscal year 2002 from the district's	126050
state education aid computed for the current fiscal year as of the	126051
fifteenth day of July, by including in the definition of	126052
recognized valuation the machinery and equipment, inventory,	126053
furniture and fixtures, and telephone property tax value losses,	126054
as defined in section 5751.20 of the Revised Code, for the school	126055
district or joint vocational school district for the preceding tax	126056
year;	126057

(2) The inflation-adjusted property tax loss. The	126058
inflation-adjusted property tax loss equals the fixed-rate levy	126059
loss, excluding the tax loss from levies within the ten-mill	126060
limitation to pay debt charges, determined under division (G) of	126061
section 5727.84 of the Revised Code for all taxing districts in	126062
each school district, plus the product obtained by multiplying	126063
that loss by the cumulative percentage increase in the consumer	126064
price index from January 1, 2002, to the thirtieth day of June of	126065
the current year.	126066

(3) The difference obtained by subtracting the amount	126067
computed under division (B)(1) from the amount of the	126068
inflation-adjusted property tax loss. If this difference is zero	126069
or a negative number, no further payments shall be made under	126070
division (C) of this section to the school district from the	126071
school district property tax replacement fund.	126072

(C) ~~The~~Beginning in 2002 for school districts and beginning	126073
in August 2011 for joint vocational school districts, the	126074
department of education shall pay from the school district	126075
property tax replacement fund to each school district all of the	126076
following:	126077

(1) In February 2002, one-half of the fixed-rate levy loss	126078
certified under division (J) of section 5727.84 of the Revised	126079
Code between the twenty-first and twenty-eighth days of February.	126080

(2) From August 2002 through ~~August 2017~~February 2011,	126081
one-half of the amount calculated for that fiscal year under	126082
division (A)(2) of this section between the twenty-first and	126083
twenty-eighth days of August and of February, provided the	126084
difference computed under division (B)(3) of this section is not	126085
less than or equal to zero.	126086

~~For~~(3) For fiscal years 2012 and thereafter, the sum of the	126087
amounts in divisions (C)(3)(a) or (b) and (c) of this section	126088
shall be paid on or before the thirty-first day of August and the	126089
twenty-eighth day of February:	126090

(a) If the ratio of 2011 current expense S.B. 3 allocation to	126091
total resources is equal to or less than the threshold per cent,	126092
zero;	126093

(b) If the ratio of 2011 current expense S.B. 3 allocation to	126094
total resources is greater than the threshold per cent, fifty per	126095
cent of the difference of 2011 current expense S.B. 3 allocation	126096
minus the product of total resources multiplied by the threshold	126097
per cent;	126098

(c) Fifty per cent of the product of 2011 non-current expense	126099
S.B. 3 allocation multiplied by seventy-five per cent for fiscal	126100
year 2012 and fifty per cent for fiscal years 2013 and thereafter.	126101

The department of education shall report to each school	126102
district the apportionment of the payments among the school	126103
district's funds based on the certifications under division (J) of	126104
section 5727.84 of the Revised Code.	126105

(D) For taxes levied within the ten-mill limitation for debt	126106
purposes in tax year 1998 in the case of electric company tax	126107
value losses, and in tax year 1999 in the case of natural gas	126108
company tax value losses, payments shall be made equal to one	126109
hundred per cent of the loss computed as if the tax were a	126110
fixed-rate levy, but those payments shall extend from fiscal year	126111
2006 through fiscal year 2016.	126112

~~The department of education shall report to each school~~	126113
~~district the apportionment of the payments among the school~~	126114
~~district's funds based on the certifications under division (J) of~~	126115
~~section 5727.84 of the Revised Code.~~	126116

~~(D)~~(E) Not later than January 1, 2002, for all taxing	126117
districts in each joint vocational school district, the tax	126118
commissioner shall certify to the department of education the	126119
fixed-rate levy loss determined under division (G) of section	126120
5727.84 of the Revised Code. From February 2002 ~~to August 2016~~	126121
through February 2011, the department shall pay from the school	126122
district property tax replacement fund to the joint vocational	126123
school district one-half of the amount calculated for that fiscal	126124
year under division (A)(2) of this section between the	126125
twenty-first and twenty-eighth days of August and of February.	126126

~~(E)~~(F)(1) Not later than January 1, 2002, for each fixed-sum	126127
levy levied by each school district or joint vocational school	126128
district and for each year for which a determination is made under	126129
division (H) of section 5727.84 of the Revised Code that a	126130
fixed-sum levy loss is to be reimbursed, the tax commissioner	126131
shall certify to the department of education the fixed-sum levy	126132
loss determined under that division. The certification shall cover	126133
a time period sufficient to include all fixed-sum levies for which	126134
the tax commissioner made such a determination. The department	126135
shall pay from the school district property tax replacement fund	126136
to the school district or joint vocational school district	126137
one-half of the fixed-sum levy loss so certified for each year	126138
between the twenty-first and twenty-eighth days of August and of	126139
February.	126140

(2) Beginning in 2003, by the thirty-first day of January of	126141
each year, the tax commissioner shall review the certification	126142
originally made under division ~~(E)~~(F)(1) of this section. If the	126143
commissioner determines that a debt levy that had been scheduled	126144
to be reimbursed in the current year has expired, a revised	126145
certification for that and all subsequent years shall be made to	126146
the department of education.	126147

~~(F)~~(G) If the balance of the half-mill equalization fund	126148
created under section 3318.18 of the Revised Code is insufficient	126149
to make the full amount of payments required under division (D) of	126150
that section, the department of education, at the end of the third	126151
quarter of the fiscal year, shall certify to the director of	126152
budget and management the amount of the deficiency, and the	126153
director shall transfer an amount equal to the deficiency from the	126154
school district property tax replacement fund to the half-mill	126155
equalization fund.	126156

~~(G)~~(H) Beginning in August 2002, and ending in May ~~2017~~2011,	126157
the director of budget and management shall transfer from the	126158
school district property tax replacement fund to the general	126159
revenue fund each of the following:	126160

(1) Between the twenty-eighth day of August and the fifth day	126161
of September, the lesser of one-half of the amount certified for	126162
that fiscal year under division (A)(2) of this section or the	126163
balance in the school district property tax replacement fund;	126164

(2) Between the first and fifth days of May, the lesser of	126165
one-half of the amount certified for that fiscal year under	126166
division (A)(2) of this section or the balance in the school	126167
district property tax replacement fund.	126168

~~(H)~~(I) On the first day of June each year, the director of	126169
budget and management shall transfer any balance remaining in the	126170
school district property tax replacement fund after the payments	126171
have been made under divisions (C), (D), (E), (F), ~~and~~ (G), and	126172
(H) of this section to the half-mill equalization fund created	126173
under section 3318.18 of the Revised Code to the extent required	126174
to make any payments in the current fiscal year under that	126175
section, and shall transfer the remaining balance to the general	126176
revenue fund.	126177

~~(I) From~~(J) After fiscal year 2002 ~~through fiscal year 2016~~,	126178
if the total amount in the school district property tax	126179
replacement fund is insufficient to make all payments under	126180
divisions (C), (D), (E), ~~and~~ (F), and (G) of this section at the	126181
time the payments are to be made, the director of budget and	126182
management shall transfer from the general revenue fund to the	126183
school district property tax replacement fund the difference	126184
between the total amount to be paid and the total amount in the	126185
school district property tax replacement fund, except that no	126186
transfer shall be made by reason of a deficiency to the extent	126187
that it results from the amendment of section 5727.84 of the	126188
Revised Code by Amended Substitute House Bill No. 95 of the 125th	126189
general assembly.	126190

~~(J)~~(K) If all of the territory of a school district or joint	126191
vocational school district is merged with an existing district, or	126192
if a part of the territory of a school district or joint	126193
vocational school district is transferred to an existing or new	126194
district, the department of education, in consultation with the	126195
tax commissioner, shall adjust the payments made under this	126196
section as follows:	126197

(1) For the merger of all of the territory of two or more	126198
districts, the ~~fixed-rate levy loss and the~~total resources, 2011	126199
current expense S.B. 3 allocation, total 2011 S.B. 3 allocation,	126200
2011 non-current expense S.B. 3 allocation, and fixed-sum levy	126201
loss of the successor district shall be equal to the sum of the	126202
~~fixed-rate levy losses and the~~total resources, 2011 current	126203
expense S.B. 3 allocation, total 2011 S.B. 3 allocation, 2011	126204
non-current expense S.B. 3 allocation, and fixed-sum levy ~~losses~~	126205
loss for each of the districts involved in the merger.	126206

(2) For the transfer of a part of one district's territory to	126207
an existing district, the amount of the ~~fixed-rate levy loss~~total	126208
resources, 2011 current expense S.B. 3 allocation, total 2011 S.B.	126209
3 allocation, and 2011 non-current expense S.B. 3 allocation that	126210
is transferred to the recipient district shall be an amount equal	126211
to the transferring district's ~~total fixed-rate levy loss~~total	126212
resources, 2011 current expense S.B. 3 allocation, total 2011 S.B.	126213
3 allocation, and 2011 non-current expense S.B. 3 allocation times	126214
a fraction, the numerator of which is the ~~value of electric~~	126215
~~company tangible personal property located in the part of the~~	126216
~~territory that was~~number of pupils being transferred to the	126217
recipient district, measured, in the case of a school district, by	126218
average daily membership as reported under division (A) of section	126219
3317.03 of the Revised Code or, in the case of a joint vocational	126220
school district, by formula ADM as reported in division (D) of	126221
that section, and the denominator of which is the ~~total value of~~	126222
~~electric company tangible personal property located in the entire~~	126223
~~district from which the territory was transferred. The value of~~	126224
~~electric company tangible personal property under this division~~	126225
~~shall be determined for the most recent year for which data is~~	126226
~~available~~average daily membership or formula ADM of the	126227
transferor district. Fixed-sum levy losses for both districts	126228
shall be determined under division ~~(J)~~(K)(4) of this section.	126229

(3) For the transfer of a part of the territory of one or	126230
more districts to create a new district:	126231

(a) If the new district is created on or after January 1,	126232
2000, but before January 1, 2005, the new district shall be paid	126233
its current fixed-rate levy loss through August 2009. ~~From~~In	126234
February 2010 to, August ~~2016~~2010, and February 2011, the new	126235
district shall be paid fifty per cent of the lesser of: (i) the	126236
amount calculated under division (C)(2) of this section or (ii) an	126237
amount equal to seventy per cent of the new district's fixed-rate	126238
levy loss ~~multiplied by the percentage prescribed by the following~~	126239
~~schedule:~~	126240

~~YEAR~~	~~PERCENTAGE~~	126241
~~2010~~	~~70%~~	126242
~~2011~~	~~70%~~	126243
~~2012~~	~~60%~~	126244
~~2013~~	~~50%~~	126245
~~2014~~	~~40%~~	126246
~~2015~~	~~24%~~	126247
~~2016~~	~~11.5%~~	126248
~~2017 and thereafter~~	0%.	126249

Beginning in fiscal year 2012, the new district shall be paid	126250
as provided in division (C) of this section.	126251

Fixed-sum levy losses for the districts shall be determined	126252
under division ~~(J)~~(K)(4) of this section.	126253

(b) If the new district is created on or after January 1,	126254
2005, the new district shall be deemed not to have any fixed-rate	126255
levy loss or, except as provided in division ~~(J)~~(K)(4) of this	126256
section, fixed-sum levy loss. The district or districts from which	126257
the territory was transferred shall have no reduction in their	126258
fixed-rate levy loss, or, except as provided in division ~~(J)~~(K)(4)	126259
of this section, their fixed-sum levy loss.	126260

(4) If a recipient district under division ~~(J)~~(K)(2) of this	126261
section or a new district under division ~~(J)~~(K)(3)(a) or (b) of	126262
this section takes on debt from one or more of the districts from	126263
which territory was transferred, and any of the districts	126264
transferring the territory had fixed-sum levy losses, the	126265
department of education, in consultation with the tax	126266
commissioner, shall make an equitable division of the fixed-sum	126267
levy losses.	126268

~~(K) There is hereby created the public utility property tax~~	126269
~~study committee, effective January 1, 2011. The committee shall~~	126270
~~consist of the following seven members: the tax commissioner,~~	126271
~~three members of the senate appointed by the president of the~~	126272
~~senate, and three members of the house of representatives~~	126273
~~appointed by the speaker of the house of representatives. The~~	126274
~~appointments shall be made not later than January 31, 2011. The~~	126275
~~tax commissioner shall be the chairperson of the committee.~~	126276

~~The committee shall study the extent to which each school~~	126277
~~district or joint vocational school district has been compensated,~~	126278
~~under sections 5727.84 and 5727.85 of the Revised Code as enacted~~	126279
~~by Substitute Senate Bill No. 3 of the 123rd general assembly and~~	126280
~~any subsequent acts, for the property tax loss caused by the~~	126281
~~reduction in the assessment rates for natural gas, electric, and~~	126282
~~rural electric company tangible personal property. Not later than~~	126283
~~June 30, 2011, the committee shall issue a report of its findings,~~	126284
~~including any recommendations for providing additional~~	126285
~~compensation for the property tax loss or regarding remedial~~	126286
~~legislation, to the president of the senate and the speaker of the~~	126287
~~house of representatives, at which time the committee shall cease~~	126288
~~to exist.~~	126289

~~The department of taxation and department of education shall~~	126290
~~provide such information and assistance as is required for the~~	126291
~~committee to carry out its duties.~~	126292

Sec. 5727.86. (A) Not later than January 1, 2002, the tax	126293
commissioner shall compute the payments to be made to each local	126294
taxing unit for each year according to divisions (A)(1), (2), (3),	126295
and (4) and division (E) of this section, and shall distribute the	126296
payments in the manner prescribed by division (C) of this section.	126297
The calculation of the fixed-sum levy loss shall cover a time	126298
period sufficient to include all fixed-sum levies for which the	126299
tax commissioner determined, pursuant to division (H) of section	126300
5727.84 of the Revised Code, that a fixed-sum levy loss is to be	126301
reimbursed.	126302

(1) Except as provided in divisions (A)(3) and (4) of this	126303
section, ~~for fixed-rate levy losses determined under division (G)~~	126304
~~of section 5727.84 of the Revised Code, payments shall be made in~~	126305
~~each of the following years at the following percentage of the~~	126306
~~fixed-rate levy loss certified under division (A) of this section:~~	126307

~~YEAR~~	~~PERCENTAGE~~	126308
~~2002~~	~~100%~~	126309
~~2003~~	~~100%~~	126310
~~2004~~	~~100%~~	126311
~~2005~~	~~100%~~	126312
~~2006~~	~~100%~~	126313
~~2007~~	~~80%~~	126314
~~2008~~	~~80%~~	126315
~~2009~~	~~80%~~	126316
~~2010~~	~~80%~~	126317
~~2011~~	~~80%~~	126318
~~2012~~	~~66.7%~~	126319
~~2013~~	~~53.4%~~	126320
~~2014~~	~~40.1%~~	126321
~~2015~~	~~26.8%~~	126322
~~2016~~	~~13.5%~~	126323
~~2017 and thereafter~~	0%	126324

the following amounts shall be paid on or before the thirty-first	126325
day of August and the twenty-eighth day of February:	126326

(a) For years 2002 through 2006, fifty per cent of the	126327
fixed-rate levy loss computed under division (G) of section	126328
5727.84 of the Revised Code;	126329

(b) For years 2007 through 2010, forty per cent of the fixed	126330
rate levy loss computed under division (G) of section 5727.84 of	126331
the Revised Code;	126332

(c) For the payment in 2011 to be made on or before the	126333
twentieth day of February, the amount required to be paid in 2010	126334
on or before the twentieth day of February;	126335

(d) For the payment in 2011 to be made on or before the	126336
thirty-first day of August and for all payments to be made in	126337
years 2012 and thereafter, the sum of the amounts in divisions	126338
(A)(1)(d)(i) or (ii) and (iii) of this section:	126339

(i) If the ratio of fifty per cent of the taxing unit's 2010	126340
S.B. 3 allocation to its total resources is equal to or less than	126341
the threshold per cent, zero;	126342

(ii) If the ratio of fifty per cent of the taxing unit's 2010	126343
S.B. 3 allocation to its total resources is greater than the	126344
threshold per cent, the difference of fifty per cent of the 2010	126345
S.B. 3 allocation minus the product of total resources multiplied	126346
by the threshold per cent;	126347

(iii) In the case of a municipal corporation, fifty per cent	126348
of the product of its 2010 non-current expense S.B. 3 allocation	126349
multiplied by seventy-five per cent for year 2011, fifty per cent	126350
for year 2012, and twenty-five percent for years 2013 and	126351
thereafter.	126352

(2) For fixed-sum levy losses determined under division (H)	126353
of section 5727.84 of the Revised Code, payments shall be made in	126354
the amount of one hundred per cent of the fixed-sum levy loss for	126355
payments required to be made in 2002 and thereafter.	126356

(3) A local taxing unit in a county of less than two hundred	126357
fifty square miles that receives eighty per cent or more of its	126358
combined general fund and bond retirement fund revenues from	126359
property taxes and rollbacks based on 1997 actual revenues as	126360
presented in its 1999 tax budget, and in which electric companies	126361
and rural electric companies comprise over twenty per cent of its	126362
property valuation, shall receive one hundred per cent of its	126363
fixed-rate levy losses from electric company tax value losses	126364
certified under division (A) of this section in years 2002 to ~~2016~~	126365
2010. Beginning in 2011, payments for such local taxing units	126366
shall be determined under division (A)(1) of this section.	126367

(4) For taxes levied within the ten-mill limitation or	126368
pursuant to a municipal charter for debt purposes in tax year 1998	126369
in the case of electric company tax value losses, and in tax year	126370
1999 in the case of natural gas company tax value losses, payments	126371
shall be made equal to one hundred per cent of the loss computed	126372
as if the tax were a fixed-rate levy, but those payments shall	126373
extend from ~~fiscal year 2006~~2011 through ~~fiscal year~~ 2016 if the	126374
levy was imposed for debt purposes in tax year 2010. If the levy	126375
is not imposed for debt purposes in tax year 2010 or any following	126376
tax year before tax year 2016, payments for that levy shall be	126377
made under division (A)(1) of this section beginning with the	126378
first year after the year the levy is imposed for a purpose other	126379
than debt. For the purposes of this division, taxes levied	126380
pursuant to a municipal charter refer to taxes levied pursuant to	126381
a provision of a municipal charter that permits the tax to be	126382
levied without prior voter approval.	126383

(B) Beginning in 2003, by the thirty-first day of January of	126384
each year, the tax commissioner shall review the calculation	126385
originally made under division (A) of this section of the	126386
fixed-sum levy loss determined under division (H) of section	126387
5727.84 of the Revised Code. If the commissioner determines that a	126388
fixed-sum levy that had been scheduled to be reimbursed in the	126389
current year has expired, a revised calculation for that and all	126390
subsequent years shall be made.	126391

(C) Payments to local taxing units required to be made under	126392
divisions (A) and (E) of this section shall be paid from the local	126393
government property tax replacement fund to the county undivided	126394
income tax fund in the proper county treasury. ~~One-half of the~~	126395
~~amount certified under those divisions shall be paid between the~~	126396
~~twenty-first and twenty-eighth days of August and of February.~~ The	126397
county treasurer shall distribute amounts paid under division (A)	126398
of this section to the proper local taxing unit as if they had	126399
been levied and collected as taxes, and the local taxing unit	126400
shall apportion the amounts so received among its funds in the	126401
same proportions as if those amounts had been levied and collected	126402
as taxes. Except in the case of amounts distributed to the county	126403
as a local taxing unit, amounts distributed under division (E)(2)	126404
of this section shall be credited to the general fund of the local	126405
taxing unit that receives them. Amounts distributed to each county	126406
as a local taxing unit under division (E)(2) of this section shall	126407
be credited in the proportion that the current taxes charged and	126408
payable from each levy of or by the county bears to the total	126409
current taxes charged and payable from all levies of or by the	126410
county.	126411

(D) By February 5, 2002, the tax commissioner shall estimate	126412
the amount of money in the local government property tax	126413
replacement fund in excess of the amount necessary to make	126414
payments in that month under division (C) of this section.	126415
Notwithstanding division (A) of this section, the tax commissioner	126416
may pay any local taxing unit, from those excess funds, nine and	126417
four-tenths times the amount computed for 2002 under division	126418
(A)(1) of this section. A payment made under this division shall	126419
be in lieu of the payment to be made in February 2002 under	126420
division (A)(1) of this section. A local taxing unit receiving a	126421
payment under this division will no longer be entitled to any	126422
further payments under division (A)(1) of this section. A payment	126423
made under this division shall be paid from the local government	126424
property tax replacement fund to the county undivided income tax	126425
fund in the proper county treasury. The county treasurer shall	126426
distribute the payment to the proper local taxing unit as if it	126427
had been levied and collected as taxes, and the local taxing unit	126428
shall apportion the amounts so received among its funds in the	126429
same proportions as if those amounts had been levied and collected	126430
as taxes.	126431

(E)(1) On the thirty-first day of July of 2002, 2003, 2004,	126432
2005, and 2006, and on the thirty-first day of January and July of	126433
2007 ~~and each year thereafter~~through January 2011, if the amount	126434
credited to the local government property tax replacement fund	126435
exceeds the amount needed to be distributed from the fund under	126436
division (A) of this section in the following month, the tax	126437
commissioner shall distribute the excess to each county as	126438
follows:	126439

(a) One-half shall be distributed to each county in	126440
proportion to each county's population.	126441

(b) One-half shall be distributed to each county in the	126442
proportion that the amounts determined under divisions (G) and (H)	126443
of section 5727.84 of the Revised Code for all local taxing units	126444
in the county is of the total amounts so determined for all local	126445
taxing units in the state.	126446

(2) The amounts distributed to each county under division (E)	126447
of this section shall be distributed by the county auditor to each	126448
local taxing unit in the county in the proportion that the unit's	126449
current taxes charged and payable are of the total current taxes	126450
charged and payable of all the local taxing units in the county.	126451
If the amount that the county auditor determines to be distributed	126452
to a local taxing unit is less than five dollars, that amount	126453
shall not be distributed, and the amount not distributed shall	126454
remain credited to the county undivided income tax fund. At the	126455
time of the next distribution under division (E)(2) of this	126456
section, any amount that had not been distributed in the prior	126457
distribution shall be added to the amount available for the next	126458
distribution prior to calculation of the amount to be distributed.	126459
As used in this division, "current taxes charged and payable"	126460
means the taxes charged and payable as most recently determined	126461
for local taxing units in the county.	126462

~~(3) If, in the opinion of the tax commissioner, the excess~~	126463
~~remaining in the local government property tax replacement fund in~~	126464
~~any year is not sufficient to warrant distribution~~After January	126465
2011, any amount that exceeds the amount needed to be distributed	126466
from the fund under division ~~(E)~~(A) of this section~~, the excess~~	126467
~~shall remain to the credit of~~in the following month shall be	126468
transferred to the general revenue fund.	126469

(F) ~~From fiscal year 2002 through fiscal year 2016, if~~If the	126470
total amount in the local government property tax replacement fund	126471
is insufficient to make all payments under division (C) of this	126472
section at the times the payments are to be made, the director of	126473
budget and management shall transfer from the general revenue fund	126474
to the local government property tax replacement fund the	126475
difference between the total amount to be paid and the amount in	126476
the local government property tax replacement fund, except that no	126477
transfer shall be made by reason of a deficiency to the extent	126478
that it results from the amendment of section 5727.84 of the	126479
Revised Code by Amended Substitute House Bill 95 of the 125th	126480
general assembly.	126481

(G) If all or a part of the territories of two or more local	126482
taxing units are merged, or unincorporated territory of a township	126483
is annexed by a municipal corporation, the tax commissioner shall	126484
adjust the payments made under this section to each of the local	126485
taxing units in proportion to the ~~tax value loss~~square mileage	126486
apportioned to the merged or annexed territory, or as otherwise	126487
provided by a written agreement between the legislative	126488
authorities of the local taxing units certified to the tax	126489
commissioner not later than the first day of June of the calendar	126490
year in which the payment is to be made.	126491

Sec. 5729.17. (A) As used in this section, "certificate	126492
owner" has the same meaning as in section 149.311 of the Revised	126493
Code.	126494

(B) There is allowed a credit against the tax imposed by	126495
section 5729.03 of the Revised Code for an insurance company	126496
subject to that tax that is a certificate owner of a	126497
rehabilitation tax credit certificate issued under section 149.311	126498
of the Revised Code. The credit shall equal twenty-five per cent	126499
of the dollar amount indicated on the certificate, but the amount	126500
of the credit allowed for any company for any year shall not	126501
exceed five million dollars. The credit shall be claimed in the	126502
calendar year specified in the certificate and in the order	126503
required under section 5729.98 of the Revised Code. If the credit	126504
exceeds the amount of tax otherwise due in that year, the excess	126505
shall be refunded to the company but, if any amount of the credit	126506
is refunded, the sum of the amount refunded and the amount applied	126507
to reduce the tax otherwise due in that year shall not exceed	126508
three million dollars. The company may carry forward any balance	126509
of the credit in excess of the amount claimed in that year for not	126510
more than five ensuing years, and shall deduct any amount claimed	126511
in any such year from the amount claimed in an ensuing year.	126512

(C) An insurance company claiming a credit under this section	126513
shall retain the rehabilitation tax credit certificate for four	126514
years following the end of the year in which the credit was	126515
claimed, and shall make the certificate available for inspection	126516
by the tax commissioner upon the request of the tax commissioner	126517
during that period.	126518

Sec. 5729.98. (A) To provide a uniform procedure for	126519
calculating the amount of tax due under this chapter, a taxpayer	126520
shall claim any credits and offsets against tax liability to which	126521
it is entitled in the following order:	126522

(1) The credit for an insurance company or insurance company	126523
group under section 5729.031 of the Revised Code;	126524

(2) The credit for eligible employee training costs under	126525
section 5729.07 of the Revised Code;	126526

(3) The credit for purchases of qualified low-income	126527
community investments under section 5729.16 of the Revised Code;	126528

(4) The nonrefundable job retention credit under division	126529
(B)(1) of section 122.171 of the Revised Code;	126530

(5) The offset of assessments by the Ohio life and health	126531
insurance guaranty association against tax liability permitted by	126532
section 3956.20 of the Revised Code;	126533

(6) The refundable credit for rehabilitating a historic	126534
building under section 5729.17 of the Revised Code.	126535

(7) The refundable credit for Ohio job retention under	126536
division (B)(2) or (3) of section 122.171 of the Revised Code;	126537

~~(7)~~(8) The refundable credit for Ohio job creation under	126538
section 5729.032 of the Revised Code;	126539

~~(8)~~(9) The refundable credit under section 5729.08 of the	126540
Revised Code for losses on loans made under the Ohio venture	126541
capital program under sections 150.01 to 150.10 of the Revised	126542
Code.	126543

(B) For any credit except the refundable credits enumerated	126544
in this section, the amount of the credit for a taxable year shall	126545
not exceed the tax due after allowing for any other credit that	126546
precedes it in the order required under this section. Any excess	126547
amount of a particular credit may be carried forward if authorized	126548
under the section creating that credit. Nothing in this chapter	126549
shall be construed to allow a taxpayer to claim, directly or	126550
indirectly, a credit more than once for a taxable year.	126551

Sec. 5731.02. (A) A tax is hereby levied on the transfer of	126552
the taxable estate, determined as provided in section 5731.14 of	126553
the Revised Code, of every person dying on or after July 1, 1968,	126554
and before January 1, 2013, who at the time of death was a	126555
resident of this state, as follows:	126556

If the taxable estate is:	The tax shall be:	126557
Not over $40,000	2% of the taxable estate	126558
Over $40,000 but not over $100,000	$800 plus 3% of the excess over $40,000	126559
Over $100,000 but not over $200,000	$2,600 plus 4% of the excess over $100,000	126560
Over $200,000 but not over $300,000	$6,600 plus 5% of the excess over $200,000	126561
Over $300,000 but not over $500,000	$11,600 plus 6% of the excess over $300,000	126562
Over $500,000	$23,600 plus 7% of the excess over $500,000.	126563

(B) A credit shall be allowed against the tax imposed by	126564
division (A) of this section equal to the lesser of five hundred	126565
dollars or the amount of the tax for persons dying on or after	126566
July 1, 1968, but before January 1, 2001; the lesser of six	126567
thousand six hundred dollars or the amount of the tax for persons	126568
dying on or after January 1, 2001, but before January 1, 2002; or	126569
the lesser of thirteen thousand nine hundred dollars or the amount	126570
of the tax for persons dying on or after January 1, 2002.	126571

Sec. 5731.19. (A) A tax is hereby levied upon the transfer	126572
of so much of the taxable estate of every person dying on or after	126573
July 1, 1968, and before January 1, 2013, who, at the time of ~~his~~	126574
death, was not a resident of this state, as consists of real	126575
property situated in this state, tangible personal property having	126576
an actual situs in this state, and intangible personal property	126577
employed in carrying on a business within this state unless	126578
exempted from tax under the provisions of section 5731.34 of the	126579
Revised Code.	126580

(B) The amount of the tax on such real and tangible personal	126581
property shall be determined as follows:	126582

(1) Determine the amount of tax which would be payable under	126583
Chapter 5731. of the Revised Code if the decedent had died a	126584
resident of this state with all ~~his~~the decedent's property	126585
situated or located within this state;	126586

(2) Multiply the tax so determined by a fraction, the	126587
denominator of which shall be the value of the gross estate	126588
wherever situated and the numerator of which shall be the said	126589
gross estate value of the real property situated and the tangible	126590
personal property having an actual situs in this state and	126591
intangible personal property employed in carrying on a business	126592
within this state and not exempted from tax under section 5731.34	126593
of the Revised Code. The product shall be the amount of tax	126594
payable to this state.	126595

(C) In addition to the tax levied by division (A) of this	126596
section, an additional tax is hereby levied on such real and	126597
tangible personal property determined as follows:	126598

(1) Determine the amount of tax which would be payable under	126599
division (A) of section 5731.18 of the Revised Code, if the	126600
decedent had died a resident of this state with all ~~his~~the	126601
decedent's property situated or located within this state;	126602

(2) Multiply the tax so determined by a fraction, the	126603
denominator of which shall be the value of the gross estate	126604
wherever situated and the numerator of which shall be the said	126605
gross estate value of the real property situated and the tangible	126606
property having an actual situs in this state and intangible	126607
personal property employed in carrying on a business within this	126608
state and not exempted from tax under section 5731.34 of the	126609
Revised Code. The product so derived shall be credited with the	126610
amount of the tax determined under division (B) of this section.	126611

Sec. 5731.21. (A)(1)(a) Except as provided under division	126612
(A)(3) of this section, the executor or administrator, or, if no	126613
executor or administrator has been appointed, another person in	126614
possession of property the transfer of which is subject to estate	126615
taxes under section 5731.02 or division (A) of section 5731.19 of	126616
the Revised Code, shall file an estate tax return, within nine	126617
months of the date of the decedent's death, in the form prescribed	126618
by the tax commissioner, in duplicate, with the probate court of	126619
the county. The return shall include all property the transfer of	126620
which is subject to estate taxes, whether that property is	126621
transferred under the last will and testament of the decedent or	126622
otherwise. The time for filing the return may be extended by the	126623
tax commissioner.	126624

(b) The estate tax return described in division (A)(1)(a) of	126625
this section shall be accompanied by a certificate, in the form	126626
prescribed by the tax commissioner, that is signed by the	126627
executor, administrator, or other person required to file the	126628
return, and that states all of the following:	126629

(i) The fact that the return was filed;

126630

(ii) The date of the filing of the return;

126631

(iii) The fact that the estate taxes under section 5731.02 or	126632
division (A) of section 5731.19 of the Revised Code, that are	126633
shown to be due in the return, have been paid in full;	126634

(iv) If applicable, the fact that real property listed in the	126635
inventory for the decedent's estate is included in the return;	126636

(v) If applicable, the fact that real property not listed in	126637
the inventory for the decedent's estate, including, but not	126638
limited to, survivorship tenancy property as described in section	126639
5302.17 of the Revised Code or transfer on death property as	126640
described in sections 5302.22 and 5302.23 of the Revised Code,	126641
also is included in the return. In this regard, the certificate	126642
additionally shall describe that real property by the same	126643
description used in the return.	126644

(2) The probate court shall forward one copy of the estate	126645
tax return described in division (A)(1)(a) of this section to the	126646
tax commissioner.	126647

(3) A person shall not be required to file a return under	126648
division (A) of this section if the decedent was a resident of	126649
this state and the value of the decedent's gross estate is	126650
twenty-five thousand dollars or less in the case of a decedent	126651
dying on or after July 1, 1968, but before January 1, 2001; two	126652
hundred thousand dollars or less in the case of a decedent dying	126653
on or after January 1, 2001, but before January 1, 2002; or three	126654
hundred thirty-eight thousand three hundred thirty-three dollars	126655
or less in the case of a decedent dying on or after January 1,	126656
2002. No return shall be filed for estates of decedents dying on	126657
or after January 1, 2013.	126658

(4)(a) Upon receipt of the estate tax return described in	126659
division (A)(1)(a) of this section and the accompanying	126660
certificate described in division (A)(1)(b) of this section, the	126661
probate court promptly shall give notice of the return, by a form	126662
prescribed by the tax commissioner, to the county auditor. The	126663
auditor then shall make a charge based upon the notice and shall	126664
certify a duplicate of the charge to the county treasurer. The	126665
treasurer then shall collect, subject to division (A) of section	126666
5731.25 of the Revised Code or any other statute extending the	126667
time for payment of an estate tax, the tax so charged.	126668

(b) Upon receipt of the return and the accompanying	126669
certificate, the probate court also shall forward the certificate	126670
to the auditor. When satisfied that the estate taxes under section	126671
5731.02 or division (A) of section 5731.19 of the Revised Code,	126672
that are shown to be due in the return, have been paid in full,	126673
the auditor shall stamp the certificate so forwarded to verify	126674
that payment. The auditor then shall return the stamped	126675
certificate to the probate court.	126676

(5)(a) The certificate described in division (A)(1)(b) of	126677
this section is a public record subject to inspection and copying	126678
in accordance with section 149.43 of the Revised Code. It shall be	126679
kept in the records of the probate court pertaining to the	126680
decedent's estate and is not subject to the confidentiality	126681
provisions of section 5731.90 of the Revised Code.	126682

(b) All persons are entitled to rely on the statements	126683
contained in a certificate as described in division (A)(1)(b) of	126684
this section if it has been filed in accordance with that	126685
division, forwarded to a county auditor and stamped in accordance	126686
with division (A)(4) of this section, and placed in the records of	126687
the probate court pertaining to the decedent's estate in	126688
accordance with division (A)(5)(a) of this section. The real	126689
property referred to in the certificate shall be free of, and may	126690
be regarded by all persons as being free of, any lien for estate	126691
taxes under section 5731.02 and division (A) of section 5731.19 of	126692
the Revised Code.	126693

(B) An estate tax return filed under this section, in the	126694
form prescribed by the tax commissioner, and showing that no	126695
estate tax is due shall result in a determination that no estate	126696
tax is due, if the tax commissioner within three months after the	126697
receipt of the return by the department of taxation, fails to file	126698
exceptions to the return in the probate court of the county in	126699
which the return was filed. A copy of exceptions to a return of	126700
that nature, when the tax commissioner files them within that	126701
period, shall be sent by ordinary mail to the person who filed the	126702
return. The tax commissioner is not bound under this division by a	126703
determination that no estate tax is due, with respect to property	126704
not disclosed in the return.	126705

(C) If the executor, administrator, or other person required	126706
to file an estate tax return fails to file it within nine months	126707
of the date of the decedent's death, the tax commissioner may	126708
determine the estate tax in that estate and issue a certificate of	126709
determination in the same manner as is provided in division (B) of	126710
section 5731.27 of the Revised Code. A certificate of	126711
determination of that nature has the same force and effect as	126712
though a return had been filed and a certificate of determination	126713
issued with respect to the return.	126714

Sec. 5731.39. (A) No corporation organized or existing under	126715
the laws of this state shall transfer on its books or issue a new	126716
certificate for any share of its capital stock registered in the	126717
name of a decedent, or in trust for a decedent, or in the name of	126718
a decedent and another person or persons, without the written	126719
consent of the tax commissioner.	126720

(B) No safe deposit company, trust company, financial	126721
institution as defined in division (A) of section 5725.01 of the	126722
Revised Code or other corporation or person, having in possession,	126723
control, or custody a deposit standing in the name of a decedent,	126724
or in trust for a decedent, or in the name of a decedent and	126725
another person or persons, shall deliver or transfer an amount in	126726
excess of three-fourths of the total value of such deposit,	126727
including accrued interest and dividends, as of the date of	126728
decedent's death, without the written consent of the tax	126729
commissioner. The written consent of the tax commissioner need not	126730
be obtained prior to the delivery or transfer of amounts having a	126731
value of three-fourths or less of said total value.	126732

(C) No life insurance company shall pay the proceeds of an	126733
annuity or matured endowment contract, or of a life insurance	126734
contract payable to the estate of a decedent, or of any other	126735
insurance contract taxable under Chapter 5731. of the Revised	126736
Code, without the written consent of the tax commissioner. Any	126737
life insurance company may pay the proceeds of any insurance	126738
contract not specified in this division (C) without the written	126739
consent of the tax commissioner.	126740

(D) No trust company or other corporation or person shall pay	126741
the proceeds of any death benefit, retirement, pension or profit	126742
sharing plan in excess of two thousand dollars, without the	126743
written consent of the tax commissioner. Such trust company or	126744
other corporation or person, however, may pay the proceeds of any	126745
death benefit, retirement, pension, or profit-sharing plan which	126746
consists of insurance on the life of the decedent payable to a	126747
beneficiary other than the estate of the insured without the	126748
written consent of the tax commissioner.	126749

(E) No safe deposit company, trust company, financial	126750
institution as defined in division (A) of section 5725.01 of the	126751
Revised Code, or other corporation or person, having in	126752
possession, control, or custody securities, assets, or other	126753
property (including the shares of the capital stock of, or other	126754
interest in, such safe deposit company, trust company, financial	126755
institution as defined in division (A) of section 5725.01 of the	126756
Revised Code, or other corporation), standing in the name of a	126757
decedent, or in trust for a decedent, or in the name of a decedent	126758
and another person or persons, and the transfer of which is	126759
taxable under Chapter 5731. of the Revised Code, shall deliver or	126760
transfer any such securities, assets, or other property which have	126761
a value as of the date of decedent's death in excess of	126762
three-fourths of the total value thereof, without the written	126763
consent of the tax commissioner. The written consent of the tax	126764
commissioner need not be obtained prior to the delivery or	126765
transfer of any such securities, assets, or other property having	126766
a value of three-fourths or less of said total value.	126767

(F) No safe deposit company, financial institution as defined	126768
in division (A) of section 5725.01 of the Revised Code, or other	126769
corporation or person having possession or control of a safe	126770
deposit box or similar receptacle standing in the name of a	126771
decedent or in the name of the decedent and another person or	126772
persons, or to which the decedent had a right of access, except	126773
when such safe deposit box or other receptacle stands in the name	126774
of a corporation or partnership, or in the name of the decedent as	126775
guardian or executor, shall deliver any of the contents thereof	126776
unless the safe deposit box or similar receptacle has been opened	126777
and inventoried in the presence of the tax commissioner or the	126778
commissioner's agent, and a written consent to transfer issued;	126779
provided, however, that a safe deposit company, financial	126780
institution, or other corporation or person having possession or	126781
control of a safe deposit box may deliver wills, deeds to burial	126782
lots, and insurance policies to a representative of the decedent,	126783
but that a representative of the safe deposit company, financial	126784
institution, or other corporation or person must supervise the	126785
opening of the box and make a written record of the wills, deeds,	126786
and policies removed. Such written record shall be included in the	126787
tax commissioner's inventory records.	126788

(G) Notwithstanding any provision of this section:

126789

(1) The tax commissioner may authorize any delivery or	126790
transfer or waive any of the foregoing requirements under such	126791
terms and conditions as the commissioner may prescribe;	126792

(2) An adult care facility, as defined in section ~~3722.01~~	126793
5119.70 of the Revised Code, or a home, as defined in section	126794
3721.10 of the Revised Code, may transfer or use the money in a	126795
personal needs allowance account in accordance with section	126796
5111.113 of the Revised Code without the written consent of the	126797
tax commissioner, and without the account having been opened and	126798
inventoried in the presence of the commissioner or the	126799
commissioner's agent.	126800

Failure to comply with this section shall render such safe	126801
deposit company, trust company, life insurance company, financial	126802
institution as defined in division (A) of section 5725.01 of the	126803
Revised Code, or other corporation or person liable for the amount	126804
of the taxes and interest due under the provisions of Chapter	126805
5731. of the Revised Code on the transfer of such stock, deposit,	126806
proceeds of an annuity or matured endowment contract or of a life	126807
insurance contract payable to the estate of a decedent, or other	126808
insurance contract taxable under Chapter 5731. of the Revised	126809
Code, proceeds of any death benefit, retirement, pension, or	126810
profit sharing plan in excess of two thousand dollars, or	126811
securities, assets, or other property of any resident decedent,	126812
and in addition thereto, to a penalty of not less than five	126813
hundred or more than five thousand dollars.	126814

Sec. 5733.0610. (A) A refundable corporation franchise tax	126815
credit granted by the tax credit authority under section 122.17 or	126816
division (B)(2) or (3) of section 122.171 of the Revised Code may	126817
be claimed under this chapter in the order required under section	126818
5733.98 of the Revised Code. For purposes of making tax payments	126819
under this chapter, taxes equal to the amount of the refundable	126820
credit shall be considered to be paid to this state on the first	126821
day of the tax year. The refundable credit shall not be claimed	126822
for any tax years following the calendar year in which a	126823
relocation of employment positions occurs in violation of an	126824
agreement entered into under section 122.171 of the Revised Code.	126825

(B) A nonrefundable corporation franchise tax credit granted	126826
by the tax credit authority under division (B)(1) of section	126827
122.171 of the Revised Code may be claimed under this chapter in	126828
the order required under section 5733.98 of the Revised Code.	126829

Sec. 5733.23. In addition to all other remedies for the	126830
collection of any taxes or penalties due under law, whenever any	126831
taxes, fees, or penalties due from any corporation have remained	126832
unpaid for a period of ninety days, or whenever any corporation	126833
has failed for a period of ninety days to make any report or	126834
return required by law, or to pay any penalty for failure to make	126835
or file such report or return, the attorney general, upon the	126836
request of the tax commissioner, shall file a petition in the	126837
court of common pleas in the county of the state in which such	126838
corporation has its principal place of business for a judgment for	126839
the amount of the taxes or penalties appearing to be due, the	126840
enforcement of any lien in favor of the state, and an injunction	126841
to restrain such corporation and its officers, directors, and	126842
managing agents from the transaction of any business within this	126843
state, other than such acts as are incidental to liquidation or	126844
winding up, until the payment of such taxes, fees, and penalties,	126845
and the costs of the proceeding which shall be fixed by the court,	126846
or the making and filing of such report or return.	126847

Such petition shall be in the name of the state. All or any	126848
of the corporations having their principal places of business in	126849
the county may be joined in one suit. On the motion of the	126850
attorney general, the court of common pleas shall enter an order	126851
requiring all defendants to answer by a day certain, and may	126852
appoint a special master commissioner to take testimony, with such	126853
other power and authority as the court confers, and permitting	126854
process to be served by registered mail and by publication in a	126855
newspaper of general circulation ~~published~~ in the county, which	126856
publication need not be made more than once, setting forth the	126857
name of each delinquent corporation, the matter in which such	126858
corporation is delinquent, the names of its officers, directors,	126859
and managing agents, if set forth in the petition, and the amount	126860
of any taxes, fees, or penalties claimed to be owing by said	126861
corporation.	126862

All or any of the officers, directors, shareholders, or	126863
managing agents of any corporation may be joined as defendants	126864
with such corporation.	126865

If it appears to the court upon hearing that any corporation	126866
which is a party to such proceeding is indebted to the state for	126867
taxes, fees, or penalties, judgment shall be entered therefor with	126868
interest; and if it appears that any corporation has failed to	126869
make or file any report or return, a mandatory injunction may be	126870
issued against such corporation, its officers, directors, and	126871
managing agents, enjoining them from the transaction of any	126872
business within this state, other than acts incidental to	126873
liquidation or winding up, until the making and filing of all	126874
proper reports or returns and until the payment in full of all	126875
taxes, fees, and penalties.	126876

If the officers, directors, shareholders, or managing agents	126877
of a corporation are not made parties in the first instance, and a	126878
judgment or an injunction is rendered or issued against such	126879
corporation, such officers, directors, shareholders, or managing	126880
agents may be made parties to such proceedings upon the motion of	126881
the attorney general, and, upon notice to them of the form and	126882
terms of such injunction, they shall be bound thereby as fully as	126883
if they had been made parties in the first instance.	126884

In any action authorized by this section, a statement of the	126885
commissioner, or the secretary of state, when duly certified,	126886
shall be prima-facie evidence of the amount of taxes, fees, or	126887
penalties due from any corporation, or of the failure of any	126888
corporation to file with the commissioner or the secretary of	126889
state any report required by law, and any such certificate of the	126890
commissioner or the secretary of state may be required in evidence	126891
in any such proceeding.	126892

On the application of any defendant and for good cause shown,	126893
the court may order a separate hearing of the issues as to any	126894
defendant.	126895

The costs of the proceeding shall be apportioned among the	126896
parties as the court deems proper.	126897

The court in such proceeding may make, enter, and enforce	126898
such other judgments and orders and grant such other relief as is	126899
necessary or incidental to the enforcement of the claims and lien	126900
of the state.	126901

In the performance of the duties enjoined upon ~~him~~the	126902
attorney general by this section the attorney general may direct	126903
any prosecuting attorney to bring an action, as authorized by this	126904
section, in the name of the state with respect to any delinquent	126905
corporations within ~~his~~the prosecuting attorney's county, and	126906
like proceedings and orders shall be had as if such action were	126907
instituted by the attorney general.	126908

Sec. 5733.351. (A) As used in this section, "qualified	126909
research expenses" has the same meaning as in section 41 of the	126910
Internal Revenue Code.	126911

(B)(1) A nonrefundable credit is allowed against the tax	126912
imposed by section 5733.06 of the Revised Code for tax year 2002	126913
for a taxpayer whose taxable year for tax year 2002 ended before	126914
July 1, 2001. The credit shall equal seven per cent of the excess	126915
of qualified research expenses incurred in this state by the	126916
taxpayer between January 1, 2001, and the end of the taxable year,	126917
over the taxpayer's average annual qualified research expenses	126918
incurred in this state for the three preceding taxable years.	126919

(2) A nonrefundable credit also is allowed against the tax	126920
imposed by section 5733.06 of the Revised Code for each tax year,	126921
commencing with tax year 2004, and in the case of a corporation	126922
subject to division (G)(2) of section 5733.01 of the Revised Code	126923
ending with tax year 2008. The credit shall equal seven per cent	126924
of the excess of qualified research expenses incurred in this	126925
state by the taxpayer for the taxable year over the taxpayer's	126926
average annual qualified research expenses incurred in this state	126927
for the three preceding taxable years.	126928

(3) The taxpayer shall claim the credit allowed under	126929
division (B)(1) or (2) of this section in the order required by	126930
section 5733.98 of the Revised Code. Any credit amount in excess	126931
of the tax due under section 5733.06 of the Revised Code, after	126932
allowing for any other credits that precede the credit under this	126933
section in the order required under section 5733.98 of the Revised	126934
Code, may be carried forward for seven taxable years, but the	126935
amount of the excess credit allowed in any such year shall be	126936
deducted from the balance carried forward to the next year. A	126937
corporation subject to division (G)(2) of section 5733.01 of the	126938
Revised Code may carry forward any credit not fully utilized by	126939
tax year 2008 and apply it against the tax levied by Chapter 5751.	126940
of the Revised Code to the extent allowed under section 5751.51 of	126941
the Revised Code, provided that the total number of taxable years	126942
under this section and calendar years under Chapter 5751. of the	126943
Revised Code for which the credit is carried forward shall not	126944
exceed seven.	126945

(C) In the case of a qualifying controlled group, the credit	126946
allowed under division (B)(1) or (2) of this section to taxpayers	126947
in the qualifying controlled group shall be computed as if all	126948
corporations in the qualifying controlled group were a	126949
consolidated, single taxpayer. For purposes of this division, an	126950
insurance company subject to the tax levied under section 5727.18	126951
or Chapter 5729. of the Revised Code may be considered a member of	126952
a qualifying controlled group by the group, even though the	126953
insurance company is not subject to the tax levied under section	126954
5733.06 of the Revised Code. The credit shall be allocated to such	126955
taxpayers in any amount elected for the taxable year by the	126956
qualifying controlled group. The election shall be revocable and	126957
amendable during the period prescribed by division (B) of section	126958
5733.12 of the Revised Code.	126959

Sec. 5739.01. As used in this chapter:

126960

(A) "Person" includes individuals, receivers, assignees,	126961
trustees in bankruptcy, estates, firms, partnerships,	126962
associations, joint-stock companies, joint ventures, clubs,	126963
societies, corporations, the state and its political subdivisions,	126964
and combinations of individuals of any form.	126965

(B) "Sale" and "selling" include all of the following	126966
transactions for a consideration in any manner, whether absolutely	126967
or conditionally, whether for a price or rental, in money or by	126968
exchange, and by any means whatsoever:	126969

(1) All transactions by which title or possession, or both,	126970
of tangible personal property, is or is to be transferred, or a	126971
license to use or consume tangible personal property is or is to	126972
be granted;	126973

(2) All transactions by which lodging by a hotel is or is to	126974
be furnished to transient guests;	126975

(3) All transactions by which:

126976

(a) An item of tangible personal property is or is to be	126977
repaired, except property, the purchase of which would not be	126978
subject to the tax imposed by section 5739.02 of the Revised Code;	126979

(b) An item of tangible personal property is or is to be	126980
installed, except property, the purchase of which would not be	126981
subject to the tax imposed by section 5739.02 of the Revised Code	126982
or property that is or is to be incorporated into and will become	126983
a part of a production, transmission, transportation, or	126984
distribution system for the delivery of a public utility service;	126985

(c) The service of washing, cleaning, waxing, polishing, or	126986
painting a motor vehicle is or is to be furnished;	126987

(d) Until August 1, 2003, industrial laundry cleaning	126988
services are or are to be provided and, on and after August 1,	126989
2003, laundry and dry cleaning services are or are to be provided;	126990

(e) Automatic data processing, computer services, or	126991
electronic information services are or are to be provided for use	126992
in business when the true object of the transaction is the receipt	126993
by the consumer of automatic data processing, computer services,	126994
or electronic information services rather than the receipt of	126995
personal or professional services to which automatic data	126996
processing, computer services, or electronic information services	126997
are incidental or supplemental. Notwithstanding any other	126998
provision of this chapter, such transactions that occur between	126999
members of an affiliated group are not sales. An "affiliated	127000
group" means two or more persons related in such a way that one	127001
person owns or controls the business operation of another member	127002
of the group. In the case of corporations with stock, one	127003
corporation owns or controls another if it owns more than fifty	127004
per cent of the other corporation's common stock with voting	127005
rights.	127006

(f) Telecommunications service, including prepaid calling	127007
service, prepaid wireless calling service, or ancillary service,	127008
is or is to be provided, but not including coin-operated telephone	127009
service;	127010

(g) Landscaping and lawn care service is or is to be	127011
provided;	127012

(h) Private investigation and security service is or is to be	127013
provided;	127014

(i) Information services or tangible personal property is	127015
provided or ordered by means of a nine hundred telephone call;	127016

(j) Building maintenance and janitorial service is or is to	127017
be provided;	127018

(k) Employment service is or is to be provided;

127019

(l) Employment placement service is or is to be provided;

127020

(m) Exterminating service is or is to be provided;

127021

(n) Physical fitness facility service is or is to be	127022
provided;	127023

(o) Recreation and sports club service is or is to be	127024
provided;	127025

(p) On and after August 1, 2003, satellite broadcasting	127026
service is or is to be provided;	127027

(q) On and after August 1, 2003, personal care service is or	127028
is to be provided to an individual. As used in this division,	127029
"personal care service" includes skin care, the application of	127030
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	127031
piercing, tanning, massage, and other similar services. "Personal	127032
care service" does not include a service provided by or on the	127033
order of a licensed physician or licensed chiropractor, or the	127034
cutting, coloring, or styling of an individual's hair.	127035

(r) On and after August 1, 2003, the transportation of	127036
persons by motor vehicle or aircraft is or is to be provided, when	127037
the transportation is entirely within this state, except for	127038
transportation provided by an ambulance service, by a transit bus,	127039
as defined in section 5735.01 of the Revised Code, and	127040
transportation provided by a citizen of the United States holding	127041
a certificate of public convenience and necessity issued under 49	127042
U.S.C. 41102;	127043

(s) On and after August 1, 2003, motor vehicle towing service	127044
is or is to be provided. As used in this division, "motor vehicle	127045
towing service" means the towing or conveyance of a wrecked,	127046
disabled, or illegally parked motor vehicle.	127047

(t) On and after August 1, 2003, snow removal service is or	127048
is to be provided. As used in this division, "snow removal	127049
service" means the removal of snow by any mechanized means, but	127050
does not include the providing of such service by a person that	127051
has less than five thousand dollars in sales of such service	127052
during the calendar year.	127053

(u) Electronic publishing service is or is to be provided to	127054
a consumer for use in business, except that such transactions	127055
occurring between members of an affiliated group, as defined in	127056
division (B)(3)(e) of this section, are not sales.	127057

(4) All transactions by which printed, imprinted,	127058
overprinted, lithographic, multilithic, blueprinted, photostatic,	127059
or other productions or reproductions of written or graphic matter	127060
are or are to be furnished or transferred;	127061

(5) The production or fabrication of tangible personal	127062
property for a consideration for consumers who furnish either	127063
directly or indirectly the materials used in the production of	127064
fabrication work; and include the furnishing, preparing, or	127065
serving for a consideration of any tangible personal property	127066
consumed on the premises of the person furnishing, preparing, or	127067
serving such tangible personal property. Except as provided in	127068
section 5739.03 of the Revised Code, a construction contract	127069
pursuant to which tangible personal property is or is to be	127070
incorporated into a structure or improvement on and becoming a	127071
part of real property is not a sale of such tangible personal	127072
property. The construction contractor is the consumer of such	127073
tangible personal property, provided that the sale and	127074
installation of carpeting, the sale and installation of	127075
agricultural land tile, the sale and erection or installation of	127076
portable grain bins, or the provision of landscaping and lawn care	127077
service and the transfer of property as part of such service is	127078
never a construction contract.	127079

As used in division (B)(5) of this section:

127080

(a) "Agricultural land tile" means fired clay or concrete	127081
tile, or flexible or rigid perforated plastic pipe or tubing,	127082
incorporated or to be incorporated into a subsurface drainage	127083
system appurtenant to land used or to be used ~~directly~~primarily	127084
in production by farming, agriculture, horticulture, or	127085
floriculture. The term does not include such materials when they	127086
are or are to be incorporated into a drainage system appurtenant	127087
to a building or structure even if the building or structure is	127088
used or to be used in such production.	127089

(b) "Portable grain bin" means a structure that is used or to	127090
be used by a person engaged in farming or agriculture to shelter	127091
the person's grain and that is designed to be disassembled without	127092
significant damage to its component parts.	127093

(6) All transactions in which all of the shares of stock of a	127094
closely held corporation are transferred, if the corporation is	127095
not engaging in business and its entire assets consist of boats,	127096
planes, motor vehicles, or other tangible personal property	127097
operated primarily for the use and enjoyment of the shareholders;	127098

(7) All transactions in which a warranty, maintenance or	127099
service contract, or similar agreement by which the vendor of the	127100
warranty, contract, or agreement agrees to repair or maintain the	127101
tangible personal property of the consumer is or is to be	127102
provided;	127103

(8) The transfer of copyrighted motion picture films used	127104
solely for advertising purposes, except that the transfer of such	127105
films for exhibition purposes is not a sale;	127106

(9) On and after August 1, 2003, all transactions by which	127107
tangible personal property is or is to be stored, except such	127108
property that the consumer of the storage holds for sale in the	127109
regular course of business;	127110

(10) All transactions in which "guaranteed auto protection"	127111
is provided whereby a person promises to pay to the consumer the	127112
difference between the amount the consumer receives from motor	127113
vehicle insurance and the amount the consumer owes to a person	127114
holding title to or a lien on the consumer's motor vehicle in the	127115
event the consumer's motor vehicle suffers a total loss under the	127116
terms of the motor vehicle insurance policy or is stolen and not	127117
recovered, if the protection and its price are included in the	127118
purchase or lease agreement;	127119

(11)(a) Except as provided in division (B)(11)(b) of this	127120
section, on and after October 1, 2009, all transactions by which	127121
health care services are paid for, reimbursed, provided,	127122
delivered, arranged for, or otherwise made available by a medicaid	127123
health insuring corporation pursuant to the corporation's contract	127124
with the state.	127125

(b) If the centers for medicare and medicaid services of the	127126
United States department of health and human services determines	127127
that the taxation of transactions described in division (B)(11)(a)	127128
of this section constitutes an impermissible health care-related	127129
tax under section 1903(w) of the "Social Security Act," 49 Stat.	127130
620 (1935), 42 U.S.C. 1396b(w), as amended, and regulations	127131
adopted thereunder, the director of job and family services shall	127132
notify the tax commissioner of that determination. Beginning with	127133
the first day of the month following that notification, the	127134
transactions described in division (B)(11)(a) of this section are	127135
not sales for the purposes of this chapter or Chapter 5741. of the	127136
Revised Code. The tax commissioner shall order that the collection	127137
of taxes under sections 5739.02, 5739.021, 5739.023, 5739.026,	127138
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code	127139
shall cease for transactions occurring on or after that date.	127140

Except as provided in this section, "sale" and "selling" do	127141
not include transfers of interest in leased property where the	127142
original lessee and the terms of the original lease agreement	127143
remain unchanged, or professional, insurance, or personal service	127144
transactions that involve the transfer of tangible personal	127145
property as an inconsequential element, for which no separate	127146
charges are made.	127147

(C) "Vendor" means the person providing the service or by	127148
whom the transfer effected or license given by a sale is or is to	127149
be made or given and, for sales described in division (B)(3)(i) of	127150
this section, the telecommunications service vendor that provides	127151
the nine hundred telephone service; if two or more persons are	127152
engaged in business at the same place of business under a single	127153
trade name in which all collections on account of sales by each	127154
are made, such persons shall constitute a single vendor.	127155

Physicians, dentists, hospitals, and veterinarians who are	127156
engaged in selling tangible personal property as received from	127157
others, such as eyeglasses, mouthwashes, dentifrices, or similar	127158
articles, are vendors. Veterinarians who are engaged in	127159
transferring to others for a consideration drugs, the dispensing	127160
of which does not require an order of a licensed veterinarian or	127161
physician under federal law, are vendors.	127162

(D)(1) "Consumer" means the person for whom the service is	127163
provided, to whom the transfer effected or license given by a sale	127164
is or is to be made or given, to whom the service described in	127165
division (B)(3)(f) or (i) of this section is charged, or to whom	127166
the admission is granted.	127167

(2) Physicians, dentists, hospitals, and blood banks operated	127168
by nonprofit institutions and persons licensed to practice	127169
veterinary medicine, surgery, and dentistry are consumers of all	127170
tangible personal property and services purchased by them in	127171
connection with the practice of medicine, dentistry, the rendition	127172
of hospital or blood bank service, or the practice of veterinary	127173
medicine, surgery, and dentistry. In addition to being consumers	127174
of drugs administered by them or by their assistants according to	127175
their direction, veterinarians also are consumers of drugs that	127176
under federal law may be dispensed only by or upon the order of a	127177
licensed veterinarian or physician, when transferred by them to	127178
others for a consideration to provide treatment to animals as	127179
directed by the veterinarian.	127180

(3) A person who performs a facility management, or similar	127181
service contract for a contractee is a consumer of all tangible	127182
personal property and services purchased for use in connection	127183
with the performance of such contract, regardless of whether title	127184
to any such property vests in the contractee. The purchase of such	127185
property and services is not subject to the exception for resale	127186
under division (E)(1) of this section.	127187

(4)(a) In the case of a person who purchases printed matter	127188
for the purpose of distributing it or having it distributed to the	127189
public or to a designated segment of the public, free of charge,	127190
that person is the consumer of that printed matter, and the	127191
purchase of that printed matter for that purpose is a sale.	127192

(b) In the case of a person who produces, rather than	127193
purchases, printed matter for the purpose of distributing it or	127194
having it distributed to the public or to a designated segment of	127195
the public, free of charge, that person is the consumer of all	127196
tangible personal property and services purchased for use or	127197
consumption in the production of that printed matter. That person	127198
is not entitled to claim exemption under division (B)(42)(f) of	127199
section 5739.02 of the Revised Code for any material incorporated	127200
into the printed matter or any equipment, supplies, or services	127201
primarily used to produce the printed matter.	127202

(c) The distribution of printed matter to the public or to a	127203
designated segment of the public, free of charge, is not a sale to	127204
the members of the public to whom the printed matter is	127205
distributed or to any persons who purchase space in the printed	127206
matter for advertising or other purposes.	127207

(5) A person who makes sales of any of the services listed in	127208
division (B)(3) of this section is the consumer of any tangible	127209
personal property used in performing the service. The purchase of	127210
that property is not subject to the resale exception under	127211
division (E)(1) of this section.	127212

(6) A person who engages in highway transportation for hire	127213
is the consumer of all packaging materials purchased by that	127214
person and used in performing the service, except for packaging	127215
materials sold by such person in a transaction separate from the	127216
service.	127217

(7) In the case of a transaction for health care services	127218
under division (B)(11) of this section, a medicaid health insuring	127219
corporation is the consumer of such services. The purchase of such	127220
services by a medicaid health insuring corporation is not subject	127221
to the exception for resale under division (E)(1) of this section	127222
or to the exemptions provided under divisions (B)(12), (18), (19),	127223
and (22) of section 5739.02 of the Revised Code.	127224

(E) "Retail sale" and "sales at retail" include all sales,	127225
except those in which the purpose of the consumer is to resell the	127226
thing transferred or benefit of the service provided, by a person	127227
engaging in business, in the form in which the same is, or is to	127228
be, received by the person.	127229

(F) "Business" includes any activity engaged in by any person	127230
with the object of gain, benefit, or advantage, either direct or	127231
indirect. "Business" does not include the activity of a person in	127232
managing and investing the person's own funds.	127233

(G) "Engaging in business" means commencing, conducting, or	127234
continuing in business, and liquidating a business when the	127235
liquidator thereof holds itself out to the public as conducting	127236
such business. Making a casual sale is not engaging in business.	127237

(H)(1)(a) "Price," except as provided in divisions (H)(2),	127238
(3), and (4) of this section, means the total amount of	127239
consideration, including cash, credit, property, and services, for	127240
which tangible personal property or services are sold, leased, or	127241
rented, valued in money, whether received in money or otherwise,	127242
without any deduction for any of the following:	127243

(i) The vendor's cost of the property sold;

127244

(ii) The cost of materials used, labor or service costs,	127245
interest, losses, all costs of transportation to the vendor, all	127246
taxes imposed on the vendor, including the tax imposed under	127247
Chapter 5751. of the Revised Code, and any other expense of the	127248
vendor;	127249

(iii) Charges by the vendor for any services necessary to	127250
complete the sale;	127251

(iv) On and after August 1, 2003, delivery charges. As used	127252
in this division, "delivery charges" means charges by the vendor	127253
for preparation and delivery to a location designated by the	127254
consumer of tangible personal property or a service, including	127255
transportation, shipping, postage, handling, crating, and packing.	127256

(v) Installation charges;

127257

(vi) Credit for any trade-in.

127258

(b) "Price" includes consideration received by the vendor	127259
from a third party, if the vendor actually receives the	127260
consideration from a party other than the consumer, and the	127261
consideration is directly related to a price reduction or discount	127262
on the sale; the vendor has an obligation to pass the price	127263
reduction or discount through to the consumer; the amount of the	127264
consideration attributable to the sale is fixed and determinable	127265
by the vendor at the time of the sale of the item to the consumer;	127266
and one of the following criteria is met:	127267

(i) The consumer presents a coupon, certificate, or other	127268
document to the vendor to claim a price reduction or discount	127269
where the coupon, certificate, or document is authorized,	127270
distributed, or granted by a third party with the understanding	127271
that the third party will reimburse any vendor to whom the coupon,	127272
certificate, or document is presented;	127273

(ii) The consumer identifies the consumer's self to the	127274
seller as a member of a group or organization entitled to a price	127275
reduction or discount. A preferred customer card that is available	127276
to any patron does not constitute membership in such a group or	127277
organization.	127278

(iii) The price reduction or discount is identified as a	127279
third party price reduction or discount on the invoice received by	127280
the consumer, or on a coupon, certificate, or other document	127281
presented by the consumer.	127282

127283

(i) Discounts, including cash, term, or coupons that are not	127284
reimbursed by a third party that are allowed by a vendor and taken	127285
by a consumer on a sale;	127286

(ii) Interest, financing, and carrying charges from credit	127287
extended on the sale of tangible personal property or services, if	127288
the amount is separately stated on the invoice, bill of sale, or	127289
similar document given to the purchaser;	127290

(iii) Any taxes legally imposed directly on the consumer that	127291
are separately stated on the invoice, bill of sale, or similar	127292
document given to the consumer. For the purpose of this division,	127293
the tax imposed under Chapter 5751. of the Revised Code is not a	127294
tax directly on the consumer, even if the tax or a portion thereof	127295
is separately stated.	127296

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	127297
section, any discount allowed by an automobile manufacturer to its	127298
employee, or to the employee of a supplier, on the purchase of a	127299
new motor vehicle from a new motor vehicle dealer in this state.	127300

(v) The dollar value of a gift card that is not sold by a	127301
vendor or purchased by a consumer and that is redeemed by the	127302
consumer in purchasing tangible personal property or services if	127303
the vendor is not reimbursed and does not receive compensation	127304
from a third party to cover all or part of the gift card value.	127305
For the purposes of this division, a gift card is not sold by a	127306
vendor or purchased by a consumer if it is distributed pursuant to	127307
an awards, loyalty, or promotional program. Past and present	127308
purchases of tangible personal property or services by the	127309
consumer shall not be treated as consideration exchanged for a	127310
gift card.	127311

(2) In the case of a sale of any new motor vehicle by a new	127312
motor vehicle dealer, as defined in section 4517.01 of the Revised	127313
Code, in which another motor vehicle is accepted by the dealer as	127314
part of the consideration received, "price" has the same meaning	127315
as in division (H)(1) of this section, reduced by the credit	127316
afforded the consumer by the dealer for the motor vehicle received	127317
in trade.	127318

(3) In the case of a sale of any watercraft or outboard motor	127319
by a watercraft dealer licensed in accordance with section	127320
1547.543 of the Revised Code, in which another watercraft,	127321
watercraft and trailer, or outboard motor is accepted by the	127322
dealer as part of the consideration received, "price" has the same	127323
meaning as in division (H)(1) of this section, reduced by the	127324
credit afforded the consumer by the dealer for the watercraft,	127325
watercraft and trailer, or outboard motor received in trade. As	127326
used in this division, "watercraft" includes an outdrive unit	127327
attached to the watercraft.	127328

(4) In the case of transactions for health care services	127329
under division (B)(11) of this section, "price" means the amount	127330
of managed care premiums received each month by a medicaid health	127331
insuring corporation.	127332

(I) "Receipts" means the total amount of the prices of the	127333
sales of vendors, provided that the dollar value of gift cards	127334
distributed pursuant to an awards, loyalty, or promotional	127335
program, and cash discounts allowed and taken on sales at the time	127336
they are consummated are not included, minus any amount deducted	127337
as a bad debt pursuant to section 5739.121 of the Revised Code.	127338
"Receipts" does not include the sale price of property returned or	127339
services rejected by consumers when the full sale price and tax	127340
are refunded either in cash or by credit.	127341

(J) "Place of business" means any location at which a person	127342
engages in business.	127343

(K) "Premises" includes any real property or portion thereof	127344
upon which any person engages in selling tangible personal	127345
property at retail or making retail sales and also includes any	127346
real property or portion thereof designated for, or devoted to,	127347
use in conjunction with the business engaged in by such person.	127348

(L) "Casual sale" means a sale of an item of tangible	127349
personal property that was obtained by the person making the sale,	127350
through purchase or otherwise, for the person's own use and was	127351
previously subject to any state's taxing jurisdiction on its sale	127352
or use, and includes such items acquired for the seller's use that	127353
are sold by an auctioneer employed directly by the person for such	127354
purpose, provided the location of such sales is not the	127355
auctioneer's permanent place of business. As used in this	127356
division, "permanent place of business" includes any location	127357
where such auctioneer has conducted more than two auctions during	127358
the year.	127359

(M) "Hotel" means every establishment kept, used, maintained,	127360
advertised, or held out to the public to be a place where sleeping	127361
accommodations are offered to guests, in which five or more rooms	127362
are used for the accommodation of such guests, whether the rooms	127363
are in one or several structures, except as otherwise provided in	127364
division (G) of section 5739.09 of the Revised Code.	127365

(N) "Transient guests" means persons occupying a room or	127366
rooms for sleeping accommodations for less than thirty consecutive	127367
days.	127368

(O) "Making retail sales" means the effecting of transactions	127369
wherein one party is obligated to pay the price and the other	127370
party is obligated to provide a service or to transfer title to or	127371
possession of the item sold. "Making retail sales" does not	127372
include the preliminary acts of promoting or soliciting the retail	127373
sales, other than the distribution of printed matter which	127374
displays or describes and prices the item offered for sale, nor	127375
does it include delivery of a predetermined quantity of tangible	127376
personal property or transportation of property or personnel to or	127377
from a place where a service is performed, regardless of whether	127378
the vendor is a delivery vendor.	127379

(P) "Used directly in the rendition of a public utility	127380
service" means that property that is to be incorporated into and	127381
will become a part of the consumer's production, transmission,	127382
transportation, or distribution system and that retains its	127383
classification as tangible personal property after such	127384
incorporation; fuel or power used in the production, transmission,	127385
transportation, or distribution system; and tangible personal	127386
property used in the repair and maintenance of the production,	127387
transmission, transportation, or distribution system, including	127388
only such motor vehicles as are specially designed and equipped	127389
for such use. Tangible personal property and services used	127390
primarily in providing highway transportation for hire are not	127391
used directly in the rendition of a public utility service. In	127392
this definition, "public utility" includes a citizen of the United	127393
States holding, and required to hold, a certificate of public	127394
convenience and necessity issued under 49 U.S.C. 41102.	127395

(Q) "Refining" means removing or separating a desirable	127396
product from raw or contaminated materials by distillation or	127397
physical, mechanical, or chemical processes.	127398

(R) "Assembly" and "assembling" mean attaching or fitting	127399
together parts to form a product, but do not include packaging a	127400
product.	127401

(S) "Manufacturing operation" means a process in which	127402
materials are changed, converted, or transformed into a different	127403
state or form from which they previously existed and includes	127404
refining materials, assembling parts, and preparing raw materials	127405
and parts by mixing, measuring, blending, or otherwise committing	127406
such materials or parts to the manufacturing process.	127407
"Manufacturing operation" does not include packaging.	127408

(T) "Fiscal officer" means, with respect to a regional	127409
transit authority, the secretary-treasurer thereof, and with	127410
respect to a county that is a transit authority, the fiscal	127411
officer of the county transit board if one is appointed pursuant	127412
to section 306.03 of the Revised Code or the county auditor if the	127413
board of county commissioners operates the county transit system.	127414

(U) "Transit authority" means a regional transit authority	127415
created pursuant to section 306.31 of the Revised Code or a county	127416
in which a county transit system is created pursuant to section	127417
306.01 of the Revised Code. For the purposes of this chapter, a	127418
transit authority must extend to at least the entire area of a	127419
single county. A transit authority that includes territory in more	127420
than one county must include all the area of the most populous	127421
county that is a part of such transit authority. County population	127422
shall be measured by the most recent census taken by the United	127423
States census bureau.	127424

(V) "Legislative authority" means, with respect to a regional	127425
transit authority, the board of trustees thereof, and with respect	127426
to a county that is a transit authority, the board of county	127427
commissioners.	127428

(W) "Territory of the transit authority" means all of the	127429
area included within the territorial boundaries of a transit	127430
authority as they from time to time exist. Such territorial	127431
boundaries must at all times include all the area of a single	127432
county or all the area of the most populous county that is a part	127433
of such transit authority. County population shall be measured by	127434
the most recent census taken by the United States census bureau.	127435

(X) "Providing a service" means providing or furnishing	127436
anything described in division (B)(3) of this section for	127437
consideration.	127438

(Y)(1)(a) "Automatic data processing" means processing of	127439
others' data, including keypunching or similar data entry services	127440
together with verification thereof, or providing access to	127441
computer equipment for the purpose of processing data.	127442

(b) "Computer services" means providing services consisting	127443
of specifying computer hardware configurations and evaluating	127444
technical processing characteristics, computer programming, and	127445
training of computer programmers and operators, provided in	127446
conjunction with and to support the sale, lease, or operation of	127447
taxable computer equipment or systems.	127448

(c) "Electronic information services" means providing access	127449
to computer equipment by means of telecommunications equipment for	127450
the purpose of either of the following:	127451

(i) Examining or acquiring data stored in or accessible to	127452
the computer equipment;	127453

(ii) Placing data into the computer equipment to be retrieved	127454
by designated recipients with access to the computer equipment.	127455

For transactions occurring on or after the effective date of	127456
the amendment of this section by H.B. 157 of the 127th general	127457
assembly, December 21, 2007, "electronic information services"	127458
does not include electronic publishing as defined in division	127459
(LLL) of this section.	127460

(d) "Automatic data processing, computer services, or	127461
electronic information services" shall not include personal or	127462
professional services.	127463

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	127464
section, "personal and professional services" means all services	127465
other than automatic data processing, computer services, or	127466
electronic information services, including but not limited to:	127467

(a) Accounting and legal services such as advice on tax	127468
matters, asset management, budgetary matters, quality control,	127469
information security, and auditing and any other situation where	127470
the service provider receives data or information and studies,	127471
alters, analyzes, interprets, or adjusts such material;	127472

(b) Analyzing business policies and procedures;

127473

127474

(d) Feasibility studies, including economic and technical	127475
analysis of existing or potential computer hardware or software	127476
needs and alternatives;	127477

(e) Designing policies, procedures, and custom software for	127478
collecting business information, and determining how data should	127479
be summarized, sequenced, formatted, processed, controlled, and	127480
reported so that it will be meaningful to management;	127481

(f) Developing policies and procedures that document how	127482
business events and transactions are to be authorized, executed,	127483
and controlled;	127484

(g) Testing of business procedures;

127485

(h) Training personnel in business procedure applications;

127486

(i) Providing credit information to users of such information	127487
by a consumer reporting agency, as defined in the "Fair Credit	127488
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	127489
as hereafter amended, including but not limited to gathering,	127490
organizing, analyzing, recording, and furnishing such information	127491
by any oral, written, graphic, or electronic medium;	127492

(j) Providing debt collection services by any oral, written,	127493
graphic, or electronic means.	127494

The services listed in divisions (Y)(2)(a) to (j) of this	127495
section are not automatic data processing or computer services.	127496

(Z) "Highway transportation for hire" means the	127497
transportation of personal property belonging to others for	127498
consideration by any of the following:	127499

(1) The holder of a permit or certificate issued by this	127500
state or the United States authorizing the holder to engage in	127501
transportation of personal property belonging to others for	127502
consideration over or on highways, roadways, streets, or any	127503
similar public thoroughfare;	127504

(2) A person who engages in the transportation of personal	127505
property belonging to others for consideration over or on	127506
highways, roadways, streets, or any similar public thoroughfare	127507
but who could not have engaged in such transportation on December	127508
11, 1985, unless the person was the holder of a permit or	127509
certificate of the types described in division (Z)(1) of this	127510
section;	127511

(3) A person who leases a motor vehicle to and operates it	127512
for a person described by division (Z)(1) or (2) of this section.	127513

(AA)(1) "Telecommunications service" means the electronic	127514
transmission, conveyance, or routing of voice, data, audio, video,	127515
or any other information or signals to a point, or between or	127516
among points. "Telecommunications service" includes such	127517
transmission, conveyance, or routing in which computer processing	127518
applications are used to act on the form, code, or protocol of the	127519
content for purposes of transmission, conveyance, or routing	127520
without regard to whether the service is referred to as voice-over	127521
internet protocol service or is classified by the federal	127522
communications commission as enhanced or value-added.	127523
"Telecommunications service" does not include any of the	127524
following:	127525

(a) Data processing and information services that allow data	127526
to be generated, acquired, stored, processed, or retrieved and	127527
delivered by an electronic transmission to a consumer where the	127528
consumer's primary purpose for the underlying transaction is the	127529
processed data or information;	127530

(b) Installation or maintenance of wiring or equipment on a	127531
customer's premises;	127532

127533

(d) Advertising, including directory advertising;

127534

(e) Billing and collection services provided to third	127535
parties;	127536

(f) Internet access service;

127537

(g) Radio and television audio and video programming	127538
services, regardless of the medium, including the furnishing of	127539
transmission, conveyance, and routing of such services by the	127540
programming service provider. Radio and television audio and video	127541
programming services include, but are not limited to, cable	127542
service, as defined in 47 U.S.C. 522(6), and audio and video	127543
programming services delivered by commercial mobile radio service	127544
providers, as defined in 47 C.F.R. 20.3;	127545

(h) Ancillary service;

127546

(i) Digital products delivered electronically, including	127547
software, music, video, reading materials, or ring tones.	127548

(2) "Ancillary service" means a service that is associated	127549
with or incidental to the provision of telecommunications service,	127550
including conference bridging service, detailed telecommunications	127551
billing service, directory assistance, vertical service, and voice	127552
mail service. As used in this division:	127553

(a) "Conference bridging service" means an ancillary service	127554
that links two or more participants of an audio or video	127555
conference call, including providing a telephone number.	127556
"Conference bridging service" does not include telecommunications	127557
services used to reach the conference bridge.	127558

(b) "Detailed telecommunications billing service" means an	127559
ancillary service of separately stating information pertaining to	127560
individual calls on a customer's billing statement.	127561

(c) "Directory assistance" means an ancillary service of	127562
providing telephone number or address information.	127563

(d) "Vertical service" means an ancillary service that is	127564
offered in connection with one or more telecommunications	127565
services, which offers advanced calling features that allow	127566
customers to identify callers and manage multiple calls and call	127567
connections, including conference bridging service.	127568

(e) "Voice mail service" means an ancillary service that	127569
enables the customer to store, send, or receive recorded messages.	127570
"Voice mail service" does not include any vertical services that	127571
the customer may be required to have in order to utilize the voice	127572
mail service.	127573

(3) "900 service" means an inbound toll telecommunications	127574
service purchased by a subscriber that allows the subscriber's	127575
customers to call in to the subscriber's prerecorded announcement	127576
or live service, and which is typically marketed under the name	127577
"900" service and any subsequent numbers designated by the federal	127578
communications commission. "900 service" does not include the	127579
charge for collection services provided by the seller of the	127580
telecommunications service to the subscriber, or services or	127581
products sold by the subscriber to the subscriber's customer.	127582

(4) "Prepaid calling service" means the right to access	127583
exclusively telecommunications services, which must be paid for in	127584
advance and which enables the origination of calls using an access	127585
number or authorization code, whether manually or electronically	127586
dialed, and that is sold in predetermined units of dollars of	127587
which the number declines with use in a known amount.	127588

(5) "Prepaid wireless calling service" means a	127589
telecommunications service that provides the right to utilize	127590
mobile telecommunications service as well as other	127591
non-telecommunications services, including the download of digital	127592
products delivered electronically, and content and ancillary	127593
services, that must be paid for in advance and that is sold in	127594
predetermined units of dollars of which the number declines with	127595
use in a known amount.	127596

(6) "Value-added non-voice data service" means a	127597
telecommunications service in which computer processing	127598
applications are used to act on the form, content, code, or	127599
protocol of the information or data primarily for a purpose other	127600
than transmission, conveyance, or routing.	127601

(7) "Coin-operated telephone service" means a	127602
telecommunications service paid for by inserting money into a	127603
telephone accepting direct deposits of money to operate.	127604

(8) "Customer" has the same meaning as in section 5739.034 of	127605
the Revised Code.	127606

(BB) "Laundry and dry cleaning services" means removing soil	127607
or dirt from towels, linens, articles of clothing, or other fabric	127608
items that belong to others and supplying towels, linens, articles	127609
of clothing, or other fabric items. "Laundry and dry cleaning	127610
services" does not include the provision of self-service	127611
facilities for use by consumers to remove soil or dirt from	127612
towels, linens, articles of clothing, or other fabric items.	127613

(CC) "Magazines distributed as controlled circulation	127614
publications" means magazines containing at least twenty-four	127615
pages, at least twenty-five per cent editorial content, issued at	127616
regular intervals four or more times a year, and circulated	127617
without charge to the recipient, provided that such magazines are	127618
not owned or controlled by individuals or business concerns which	127619
conduct such publications as an auxiliary to, and essentially for	127620
the advancement of the main business or calling of, those who own	127621
or control them.	127622

(DD) "Landscaping and lawn care service" means the services	127623
of planting, seeding, sodding, removing, cutting, trimming,	127624
pruning, mulching, aerating, applying chemicals, watering,	127625
fertilizing, and providing similar services to establish, promote,	127626
or control the growth of trees, shrubs, flowers, grass, ground	127627
cover, and other flora, or otherwise maintaining a lawn or	127628
landscape grown or maintained by the owner for ornamentation or	127629
other nonagricultural purpose. However, "landscaping and lawn care	127630
service" does not include the providing of such services by a	127631
person who has less than five thousand dollars in sales of such	127632
services during the calendar year.	127633

(EE) "Private investigation and security service" means the	127634
performance of any activity for which the provider of such service	127635
is required to be licensed pursuant to Chapter 4749. of the	127636
Revised Code, or would be required to be so licensed in performing	127637
such services in this state, and also includes the services of	127638
conducting polygraph examinations and of monitoring or overseeing	127639
the activities on or in, or the condition of, the consumer's home,	127640
business, or other facility by means of electronic or similar	127641
monitoring devices. "Private investigation and security service"	127642
does not include special duty services provided by off-duty police	127643
officers, deputy sheriffs, and other peace officers regularly	127644
employed by the state or a political subdivision.	127645

(FF) "Information services" means providing conversation,	127646
giving consultation or advice, playing or making a voice or other	127647
recording, making or keeping a record of the number of callers,	127648
and any other service provided to a consumer by means of a nine	127649
hundred telephone call, except when the nine hundred telephone	127650
call is the means by which the consumer makes a contribution to a	127651
recognized charity.	127652

(GG) "Research and development" means designing, creating, or	127653
formulating new or enhanced products, equipment, or manufacturing	127654
processes, and also means conducting scientific or technological	127655
inquiry and experimentation in the physical sciences with the goal	127656
of increasing scientific knowledge which may reveal the bases for	127657
new or enhanced products, equipment, or manufacturing processes.	127658

(HH) "Qualified research and development equipment" means	127659
capitalized tangible personal property, and leased personal	127660
property that would be capitalized if purchased, used by a person	127661
primarily to perform research and development. Tangible personal	127662
property primarily used in testing, as defined in division (A)(4)	127663
of section 5739.011 of the Revised Code, or used for recording or	127664
storing test results, is not qualified research and development	127665
equipment unless such property is primarily used by the consumer	127666
in testing the product, equipment, or manufacturing process being	127667
created, designed, or formulated by the consumer in the research	127668
and development activity or in recording or storing such test	127669
results.	127670

(II) "Building maintenance and janitorial service" means	127671
cleaning the interior or exterior of a building and any tangible	127672
personal property located therein or thereon, including any	127673
services incidental to such cleaning for which no separate charge	127674
is made. However, "building maintenance and janitorial service"	127675
does not include the providing of such service by a person who has	127676
less than five thousand dollars in sales of such service during	127677
the calendar year.	127678

(JJ) "Employment service" means providing or supplying	127679
personnel, on a temporary or long-term basis, to perform work or	127680
labor under the supervision or control of another, when the	127681
personnel so provided or supplied receive their wages, salary, or	127682
other compensation from the provider or supplier of the employment	127683
service or from a third party that provided or supplied the	127684
personnel to the provider or supplier. "Employment service" does	127685
not include:	127686

(1) Acting as a contractor or subcontractor, where the	127687
personnel performing the work are not under the direct control of	127688
the purchaser.	127689

(2) Medical and health care services.

127690

(3) Supplying personnel to a purchaser pursuant to a contract	127691
of at least one year between the service provider and the	127692
purchaser that specifies that each employee covered under the	127693
contract is assigned to the purchaser on a permanent basis.	127694

(4) Transactions between members of an affiliated group, as	127695
defined in division (B)(3)(e) of this section.	127696

(5) Transactions where the personnel so provided or supplied	127697
by a provider or supplier to a purchaser of an employment service	127698
are then provided or supplied by that purchaser to a third party	127699
as an employment service, except "employment service" does include	127700
the transaction between that purchaser and the third party.	127701

(KK) "Employment placement service" means locating or finding	127702
employment for a person or finding or locating an employee to fill	127703
an available position.	127704

(LL) "Exterminating service" means eradicating or attempting	127705
to eradicate vermin infestations from a building or structure, or	127706
the area surrounding a building or structure, and includes	127707
activities to inspect, detect, or prevent vermin infestation of a	127708
building or structure.	127709

(MM) "Physical fitness facility service" means all	127710
transactions by which a membership is granted, maintained, or	127711
renewed, including initiation fees, membership dues, renewal fees,	127712
monthly minimum fees, and other similar fees and dues, by a	127713
physical fitness facility such as an athletic club, health spa, or	127714
gymnasium, which entitles the member to use the facility for	127715
physical exercise.	127716

(NN) "Recreation and sports club service" means all	127717
transactions by which a membership is granted, maintained, or	127718
renewed, including initiation fees, membership dues, renewal fees,	127719
monthly minimum fees, and other similar fees and dues, by a	127720
recreation and sports club, which entitles the member to use the	127721
facilities of the organization. "Recreation and sports club" means	127722
an organization that has ownership of, or controls or leases on a	127723
continuing, long-term basis, the facilities used by its members	127724
and includes an aviation club, gun or shooting club, yacht club,	127725
card club, swimming club, tennis club, golf club, country club,	127726
riding club, amateur sports club, or similar organization.	127727

(OO) "Livestock" means farm animals commonly raised for food	127728
or, food production, ~~and includes~~or other agricultural purposes,	127729
including, but is not limited to, cattle, sheep, goats, swine, ~~and~~	127730
poultry, and captive deer. "Livestock" does not include	127731
invertebrates, ~~fish,~~ amphibians, reptiles, ~~horses,~~ domestic pets,	127732
animals for use in laboratories or for exhibition, or other	127733
animals not commonly raised for food or food production.	127734

(PP) "Livestock structure" means a building or structure used	127735
exclusively for the housing, raising, feeding, or sheltering of	127736
livestock, and includes feed storage or handling structures and	127737
structures for livestock waste handling.	127738

(QQ) "Horticulture" means the growing, cultivation, and	127739
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	127740
and nursery stock. As used in this division, "nursery stock" has	127741
the same meaning as in section 927.51 of the Revised Code.	127742

(RR) "Horticulture structure" means a building or structure	127743
used exclusively for the commercial growing, raising, or	127744
overwintering of horticultural products, and includes the area	127745
used for stocking, storing, and packing horticultural products	127746
when done in conjunction with the production of those products.	127747

(SS) "Newspaper" means an unbound publication bearing a title	127748
or name that is regularly published, at least as frequently as	127749
biweekly, and distributed from a fixed place of business to the	127750
public in a specific geographic area, and that contains a	127751
substantial amount of news matter of international, national, or	127752
local events of interest to the general public.	127753

(TT) "Professional racing team" means a person that employs	127754
at least twenty full-time employees for the purpose of conducting	127755
a motor vehicle racing business for profit. The person must	127756
conduct the business with the purpose of racing one or more motor	127757
racing vehicles in at least ten competitive professional racing	127758
events each year that comprise all or part of a motor racing	127759
series sanctioned by one or more motor racing sanctioning	127760
organizations. A "motor racing vehicle" means a vehicle for which	127761
the chassis, engine, and parts are designed exclusively for motor	127762
racing, and does not include a stock or production model vehicle	127763
that may be modified for use in racing. For the purposes of this	127764
division:	127765

(1) A "competitive professional racing event" is a motor	127766
vehicle racing event sanctioned by one or more motor racing	127767
sanctioning organizations, at which aggregate cash prizes in	127768
excess of eight hundred thousand dollars are awarded to the	127769
competitors.	127770

(2) "Full-time employee" means an individual who is employed	127771
for consideration for thirty-five or more hours a week, or who	127772
renders any other standard of service generally accepted by custom	127773
or specified by contract as full-time employment.	127774

(UU)(1) "Lease" or "rental" means any transfer of the	127775
possession or control of tangible personal property for a fixed or	127776
indefinite term, for consideration. "Lease" or "rental" includes	127777
future options to purchase or extend, and agreements described in	127778
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	127779
the amount of consideration may be increased or decreased by	127780
reference to the amount realized upon the sale or disposition of	127781
the property. "Lease" or "rental" does not include:	127782

(a) A transfer of possession or control of tangible personal	127783
property under a security agreement or a deferred payment plan	127784
that requires the transfer of title upon completion of the	127785
required payments;	127786

(b) A transfer of possession or control of tangible personal	127787
property under an agreement that requires the transfer of title	127788
upon completion of required payments and payment of an option	127789
price that does not exceed the greater of one hundred dollars or	127790
one per cent of the total required payments;	127791

(c) Providing tangible personal property along with an	127792
operator for a fixed or indefinite period of time, if the operator	127793
is necessary for the property to perform as designed. For purposes	127794
of this division, the operator must do more than maintain,	127795
inspect, or set-up the tangible personal property.	127796

(2) "Lease" and "rental," as defined in division (UU) of this	127797
section, shall not apply to leases or rentals that exist before	127798
June 26, 2003.	127799

(3) "Lease" and "rental" have the same meaning as in division	127800
(UU)(1) of this section regardless of whether a transaction is	127801
characterized as a lease or rental under generally accepted	127802
accounting principles, the Internal Revenue Code, Title XIII of	127803
the Revised Code, or other federal, state, or local laws.	127804

(VV) "Mobile telecommunications service" has the same meaning	127805
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	127806
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	127807
on and after August 1, 2003, includes related fees and ancillary	127808
services, including universal service fees, detailed billing	127809
service, directory assistance, service initiation, voice mail	127810
service, and vertical services, such as caller ID and three-way	127811
calling.	127812

(WW) "Certified service provider" has the same meaning as in	127813
section 5740.01 of the Revised Code.	127814

(XX) "Satellite broadcasting service" means the distribution	127815
or broadcasting of programming or services by satellite directly	127816
to the subscriber's receiving equipment without the use of ground	127817
receiving or distribution equipment, except the subscriber's	127818
receiving equipment or equipment used in the uplink process to the	127819
satellite, and includes all service and rental charges, premium	127820
channels or other special services, installation and repair	127821
service charges, and any other charges having any connection with	127822
the provision of the satellite broadcasting service.	127823

(YY) "Tangible personal property" means personal property	127824
that can be seen, weighed, measured, felt, or touched, or that is	127825
in any other manner perceptible to the senses. For purposes of	127826
this chapter and Chapter 5741. of the Revised Code, "tangible	127827
personal property" includes motor vehicles, electricity, water,	127828
gas, steam, and prewritten computer software.	127829

(ZZ) "Direct mail" means printed material delivered or	127830
distributed by United States mail or other delivery service to a	127831
mass audience or to addressees on a mailing list provided by the	127832
consumer or at the direction of the consumer when the cost of the	127833
items are not billed directly to the recipients. "Direct mail"	127834
includes tangible personal property supplied directly or	127835
indirectly by the consumer to the direct mail vendor for inclusion	127836
in the package containing the printed material. "Direct mail" does	127837
not include multiple items of printed material delivered to a	127838
single address.	127839

(AAA) "Computer" means an electronic device that accepts	127840
information in digital or similar form and manipulates it for a	127841
result based on a sequence of instructions.	127842

(BBB) "Computer software" means a set of coded instructions	127843
designed to cause a computer or automatic data processing	127844
equipment to perform a task.	127845

(CCC) "Delivered electronically" means delivery of computer	127846
software from the seller to the purchaser by means other than	127847
tangible storage media.	127848

(DDD) "Prewritten computer software" means computer software,	127849
including prewritten upgrades, that is not designed and developed	127850
by the author or other creator to the specifications of a specific	127851
purchaser. The combining of two or more prewritten computer	127852
software programs or prewritten portions thereof does not cause	127853
the combination to be other than prewritten computer software.	127854
"Prewritten computer software" includes software designed and	127855
developed by the author or other creator to the specifications of	127856
a specific purchaser when it is sold to a person other than the	127857
purchaser. If a person modifies or enhances computer software of	127858
which the person is not the author or creator, the person shall be	127859
deemed to be the author or creator only of such person's	127860
modifications or enhancements. Prewritten computer software or a	127861
prewritten portion thereof that is modified or enhanced to any	127862
degree, where such modification or enhancement is designed and	127863
developed to the specifications of a specific purchaser, remains	127864
prewritten computer software; provided, however, that where there	127865
is a reasonable, separately stated charge or an invoice or other	127866
statement of the price given to the purchaser for the modification	127867
or enhancement, the modification or enhancement shall not	127868
constitute prewritten computer software.	127869

(EEE)(1) "Food" means substances, whether in liquid,	127870
concentrated, solid, frozen, dried, or dehydrated form, that are	127871
sold for ingestion or chewing by humans and are consumed for their	127872
taste or nutritional value. "Food" does not include alcoholic	127873
beverages, dietary supplements, soft drinks, or tobacco.	127874

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

127875

(a) "Alcoholic beverages" means beverages that are suitable	127876
for human consumption and contain one-half of one per cent or more	127877
of alcohol by volume.	127878

(b) "Dietary supplements" means any product, other than	127879
tobacco, that is intended to supplement the diet and that is	127880
intended for ingestion in tablet, capsule, powder, softgel,	127881
gelcap, or liquid form, or, if not intended for ingestion in such	127882
a form, is not represented as conventional food for use as a sole	127883
item of a meal or of the diet; that is required to be labeled as a	127884
dietary supplement, identifiable by the "supplement facts" box	127885
found on the label, as required by 21 C.F.R. 101.36; and that	127886
contains one or more of the following dietary ingredients:	127887

(i) A vitamin;

127888

(ii) A mineral;

127889

(iii) An herb or other botanical;

127890

(iv) An amino acid;

127891

(v) A dietary substance for use by humans to supplement the	127892
diet by increasing the total dietary intake;	127893

(vi) A concentrate, metabolite, constituent, extract, or	127894
combination of any ingredient described in divisions	127895
(EEE)(2)(b)(i) to (v) of this section.	127896

(c) "Soft drinks" means nonalcoholic beverages that contain	127897
natural or artificial sweeteners. "Soft drinks" does not include	127898
beverages that contain milk or milk products, soy, rice, or	127899
similar milk substitutes, or that contains greater than fifty per	127900
cent vegetable or fruit juice by volume.	127901

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	127902
tobacco, or any other item that contains tobacco.	127903

(FFF) "Drug" means a compound, substance, or preparation, and	127904
any component of a compound, substance, or preparation, other than	127905
food, dietary supplements, or alcoholic beverages that is	127906
recognized in the official United States pharmacopoeia, official	127907
homeopathic pharmacopoeia of the United States, or official	127908
national formulary, and supplements to them; is intended for use	127909
in the diagnosis, cure, mitigation, treatment, or prevention of	127910
disease; or is intended to affect the structure or any function of	127911
the body.	127912

(GGG) "Prescription" means an order, formula, or recipe	127913
issued in any form of oral, written, electronic, or other means of	127914
transmission by a duly licensed practitioner authorized by the	127915
laws of this state to issue a prescription.	127916

(HHH) "Durable medical equipment" means equipment, including	127917
repair and replacement parts for such equipment, that can	127918
withstand repeated use, is primarily and customarily used to serve	127919
a medical purpose, generally is not useful to a person in the	127920
absence of illness or injury, and is not worn in or on the body.	127921
"Durable medical equipment" does not include mobility enhancing	127922
equipment.	127923

(III) "Mobility enhancing equipment" means equipment,	127924
including repair and replacement parts for such equipment, that is	127925
primarily and customarily used to provide or increase the ability	127926
to move from one place to another and is appropriate for use	127927
either in a home or a motor vehicle, that is not generally used by	127928
persons with normal mobility, and that does not include any motor	127929
vehicle or equipment on a motor vehicle normally provided by a	127930
motor vehicle manufacturer. "Mobility enhancing equipment" does	127931
not include durable medical equipment.	127932

(JJJ) "Prosthetic device" means a replacement, corrective, or	127933
supportive device, including repair and replacement parts for the	127934
device, worn on or in the human body to artificially replace a	127935
missing portion of the body, prevent or correct physical deformity	127936
or malfunction, or support a weak or deformed portion of the body.	127937
As used in this division, "prosthetic device" does not include	127938
corrective eyeglasses, contact lenses, or dental prosthesis.	127939

(KKK)(1) "Fractional aircraft ownership program" means a	127940
program in which persons within an affiliated group sell and	127941
manage fractional ownership program aircraft, provided that at	127942
least one hundred airworthy aircraft are operated in the program	127943
and the program meets all of the following criteria:	127944

(a) Management services are provided by at least one program	127945
manager within an affiliated group on behalf of the fractional	127946
owners.	127947

(b) Each program aircraft is owned or possessed by at least	127948
one fractional owner.	127949

(c) Each fractional owner owns or possesses at least a	127950
one-sixteenth interest in at least one fixed-wing program	127951
aircraft.	127952

(d) A dry-lease aircraft interchange arrangement is in effect	127953
among all of the fractional owners.	127954

(e) Multi-year program agreements are in effect regarding the	127955
fractional ownership, management services, and dry-lease aircraft	127956
interchange arrangement aspects of the program.	127957

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

127958

(a) "Affiliated group" has the same meaning as in division	127959
(B)(3)(e) of this section.	127960

(b) "Fractional owner" means a person that owns or possesses	127961
at least a one-sixteenth interest in a program aircraft and has	127962
entered into the agreements described in division (KKK)(1)(e) of	127963
this section.	127964

(c) "Fractional ownership program aircraft" or "program	127965
aircraft" means a turbojet aircraft that is owned or possessed by	127966
a fractional owner and that has been included in a dry-lease	127967
aircraft interchange arrangement and agreement under divisions	127968
(KKK)(1)(d) and (e) of this section, or an aircraft a program	127969
manager owns or possesses primarily for use in a fractional	127970
aircraft ownership program.	127971

(d) "Management services" means administrative and aviation	127972
support services furnished under a fractional aircraft ownership	127973
program in accordance with a management services agreement under	127974
division (KKK)(1)(e) of this section, and offered by the program	127975
manager to the fractional owners, including, at a minimum, the	127976
establishment and implementation of safety guidelines; the	127977
coordination of the scheduling of the program aircraft and crews;	127978
program aircraft maintenance; program aircraft insurance; crew	127979
training for crews employed, furnished, or contracted by the	127980
program manager or the fractional owner; the satisfaction of	127981
record-keeping requirements; and the development and use of an	127982
operations manual and a maintenance manual for the fractional	127983
aircraft ownership program.	127984

(e) "Program manager" means the person that offers management	127985
services to fractional owners pursuant to a management services	127986
agreement under division (KKK)(1)(e) of this section.	127987

(LLL) "Electronic publishing" means providing access to one	127988
or more of the following primarily for business customers,	127989
including the federal government or a state government or a	127990
political subdivision thereof, to conduct research: news;	127991
business, financial, legal, consumer, or credit materials;	127992
editorials, columns, reader commentary, or features; photos or	127993
images; archival or research material; legal notices, identity	127994
verification, or public records; scientific, educational,	127995
instructional, technical, professional, trade, or other literary	127996
materials; or other similar information which has been gathered	127997
and made available by the provider to the consumer in an	127998
electronic format. Providing electronic publishing includes the	127999
functions necessary for the acquisition, formatting, editing,	128000
storage, and dissemination of data or information that is the	128001
subject of a sale.	128002

(MMM) "Medicaid health insuring corporation" means a health	128003
insuring corporation that holds a certificate of authority under	128004
Chapter 1751. of the Revised Code and is under contract with the	128005
department of job and family services pursuant to section 5111.17	128006
of the Revised Code.	128007

(NNN) "Managed care premium" means any premium, capitation,	128008
or other payment a medicaid health insuring corporation receives	128009
for providing or arranging for the provision of health care	128010
services to its members or enrollees residing in this state.	128011

(OOO) "Captive deer" means deer and other cervidae that have	128012
been legally acquired, or their offspring, that are privately	128013
owned for agricultural or farming purposes.	128014

(PPP) "Gift card" means a document, card, certificate, or	128015
other record, whether tangible or intangible, that may be redeemed	128016
by a consumer for a dollar value when making a purchase of	128017
tangible personal property or services.	128018

Sec. 5739.02. For the purpose of providing revenue with	128019
which to meet the needs of the state, for the use of the general	128020
revenue fund of the state, for the purpose of securing a thorough	128021
and efficient system of common schools throughout the state, for	128022
the purpose of affording revenues, in addition to those from	128023
general property taxes, permitted under constitutional	128024
limitations, and from other sources, for the support of local	128025
governmental functions, and for the purpose of reimbursing the	128026
state for the expense of administering this chapter, an excise tax	128027
is hereby levied on each retail sale made in this state.	128028

(A)(1) The tax shall be collected as provided in section	128029
5739.025 of the Revised Code. The rate of the tax shall be five	128030
and one-half per cent. The tax applies and is collectible when the	128031
sale is made, regardless of the time when the price is paid or	128032
delivered.	128033

(2) In the case of the lease or rental, with a fixed term of	128034
more than thirty days or an indefinite term with a minimum period	128035
of more than thirty days, of any motor vehicles designed by the	128036
manufacturer to carry a load of not more than one ton, watercraft,	128037
outboard motor, or aircraft, or of any tangible personal property,	128038
other than motor vehicles designed by the manufacturer to carry a	128039
load of more than one ton, to be used by the lessee or renter	128040
primarily for business purposes, the tax shall be collected by the	128041
vendor at the time the lease or rental is consummated and shall be	128042
calculated by the vendor on the basis of the total amount to be	128043
paid by the lessee or renter under the lease agreement. If the	128044
total amount of the consideration for the lease or rental includes	128045
amounts that are not calculated at the time the lease or rental is	128046
executed, the tax shall be calculated and collected by the vendor	128047
at the time such amounts are billed to the lessee or renter. In	128048
the case of an open-end lease or rental, the tax shall be	128049
calculated by the vendor on the basis of the total amount to be	128050
paid during the initial fixed term of the lease or rental, and for	128051
each subsequent renewal period as it comes due. As used in this	128052
division, "motor vehicle" has the same meaning as in section	128053
4501.01 of the Revised Code, and "watercraft" includes an outdrive	128054
unit attached to the watercraft.	128055

A lease with a renewal clause and a termination penalty or	128056
similar provision that applies if the renewal clause is not	128057
exercised is presumed to be a sham transaction. In such a case,	128058
the tax shall be calculated and paid on the basis of the entire	128059
length of the lease period, including any renewal periods, until	128060
the termination penalty or similar provision no longer applies.	128061
The taxpayer shall bear the burden, by a preponderance of the	128062
evidence, that the transaction or series of transactions is not a	128063
sham transaction.	128064

(3) Except as provided in division (A)(2) of this section, in	128065
the case of a sale, the price of which consists in whole or in	128066
part of the lease or rental of tangible personal property, the tax	128067
shall be measured by the installments of that lease or rental.	128068

(4) In the case of a sale of a physical fitness facility	128069
service or recreation and sports club service, the price of which	128070
consists in whole or in part of a membership for the receipt of	128071
the benefit of the service, the tax applicable to the sale shall	128072
be measured by the installments thereof.	128073

(B) The tax does not apply to the following:

128074

(1) Sales to the state or any of its political subdivisions,	128075
or to any other state or its political subdivisions if the laws of	128076
that state exempt from taxation sales made to this state and its	128077
political subdivisions;	128078

(2) Sales of food for human consumption off the premises	128079
where sold;	128080

(3) Sales of food sold to students only in a cafeteria,	128081
dormitory, fraternity, or sorority maintained in a private,	128082
public, or parochial school, college, or university;	128083

(4) Sales of newspapers and of magazine subscriptions and	128084
sales or transfers of magazines distributed as controlled	128085
circulation publications;	128086

(5) The furnishing, preparing, or serving of meals without	128087
charge by an employer to an employee provided the employer records	128088
the meals as part compensation for services performed or work	128089
done;	128090

(6) Sales of motor fuel upon receipt, use, distribution, or	128091
sale of which in this state a tax is imposed by the law of this	128092
state, but this exemption shall not apply to the sale of motor	128093
fuel on which a refund of the tax is allowable under division (A)	128094
of section 5735.14 of the Revised Code; and the tax commissioner	128095
may deduct the amount of tax levied by this section applicable to	128096
the price of motor fuel when granting a refund of motor fuel tax	128097
pursuant to division (A) of section 5735.14 of the Revised Code	128098
and shall cause the amount deducted to be paid into the general	128099
revenue fund of this state;	128100

(7) Sales of natural gas by a natural gas company, of water	128101
by a water-works company, or of steam by a heating company, if in	128102
each case the thing sold is delivered to consumers through pipes	128103
or conduits, and all sales of communications services by a	128104
telegraph company, all terms as defined in section 5727.01 of the	128105
Revised Code, and sales of electricity delivered through wires;	128106

(8) Casual sales by a person, or auctioneer employed directly	128107
by the person to conduct such sales, except as to such sales of	128108
motor vehicles, watercraft or outboard motors required to be	128109
titled under section 1548.06 of the Revised Code, watercraft	128110
documented with the United States coast guard, snowmobiles, and	128111
all-purpose vehicles as defined in section 4519.01 of the Revised	128112
Code;	128113

(9)(a) Sales of services or tangible personal property, other	128114
than motor vehicles, mobile homes, and manufactured homes, by	128115
churches, organizations exempt from taxation under section	128116
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	128117
organizations operated exclusively for charitable purposes as	128118
defined in division (B)(12) of this section, provided that the	128119
number of days on which such tangible personal property or	128120
services, other than items never subject to the tax, are sold does	128121
not exceed six in any calendar year, except as otherwise provided	128122
in division (B)(9)(b) of this section. If the number of days on	128123
which such sales are made exceeds six in any calendar year, the	128124
church or organization shall be considered to be engaged in	128125
business and all subsequent sales by it shall be subject to the	128126
tax. In counting the number of days, all sales by groups within a	128127
church or within an organization shall be considered to be sales	128128
of that church or organization.	128129

(b) The limitation on the number of days on which tax-exempt	128130
sales may be made by a church or organization under division	128131
(B)(9)(a) of this section does not apply to sales made by student	128132
clubs and other groups of students of a primary or secondary	128133
school, or a parent-teacher association, booster group, or similar	128134
organization that raises money to support or fund curricular or	128135
extracurricular activities of a primary or secondary school.	128136

(c) Divisions (B)(9)(a) and (b) of this section do not apply	128137
to sales by a noncommercial educational radio or television	128138
broadcasting station.	128139

(10) Sales not within the taxing power of this state under	128140
the Constitution of the United States;	128141

(11) Except for transactions that are sales under division	128142
(B)(3)(r) of section 5739.01 of the Revised Code, the	128143
transportation of persons or property, unless the transportation	128144
is by a private investigation and security service;	128145

(12) Sales of tangible personal property or services to	128146
churches, to organizations exempt from taxation under section	128147
501(c)(3) of the Internal Revenue Code of 1986, and to any other	128148
nonprofit organizations operated exclusively for charitable	128149
purposes in this state, no part of the net income of which inures	128150
to the benefit of any private shareholder or individual, and no	128151
substantial part of the activities of which consists of carrying	128152
on propaganda or otherwise attempting to influence legislation;	128153
sales to offices administering one or more homes for the aged or	128154
one or more hospital facilities exempt under section 140.08 of the	128155
Revised Code; and sales to organizations described in division (D)	128156
of section 5709.12 of the Revised Code.	128157

"Charitable purposes" means the relief of poverty; the	128158
improvement of health through the alleviation of illness, disease,	128159
or injury; the operation of an organization exclusively for the	128160
provision of professional, laundry, printing, and purchasing	128161
services to hospitals or charitable institutions; the operation of	128162
a home for the aged, as defined in section 5701.13 of the Revised	128163
Code; the operation of a radio or television broadcasting station	128164
that is licensed by the federal communications commission as a	128165
noncommercial educational radio or television station; the	128166
operation of a nonprofit animal adoption service or a county	128167
humane society; the promotion of education by an institution of	128168
learning that maintains a faculty of qualified instructors,	128169
teaches regular continuous courses of study, and confers a	128170
recognized diploma upon completion of a specific curriculum; the	128171
operation of a parent-teacher association, booster group, or	128172
similar organization primarily engaged in the promotion and	128173
support of the curricular or extracurricular activities of a	128174
primary or secondary school; the operation of a community or area	128175
center in which presentations in music, dramatics, the arts, and	128176
related fields are made in order to foster public interest and	128177
education therein; the production of performances in music,	128178
dramatics, and the arts; or the promotion of education by an	128179
organization engaged in carrying on research in, or the	128180
dissemination of, scientific and technological knowledge and	128181
information primarily for the public.	128182

Nothing in this division shall be deemed to exempt sales to	128183
any organization for use in the operation or carrying on of a	128184
trade or business, or sales to a home for the aged for use in the	128185
operation of independent living facilities as defined in division	128186
(A) of section 5709.12 of the Revised Code.	128187

(13) Building and construction materials and services sold to	128188
construction contractors for incorporation into a structure or	128189
improvement to real property under a construction contract with	128190
this state or a political subdivision of this state, or with the	128191
United States government or any of its agencies; building and	128192
construction materials and services sold to construction	128193
contractors for incorporation into a structure or improvement to	128194
real property that are accepted for ownership by this state or any	128195
of its political subdivisions, or by the United States government	128196
or any of its agencies at the time of completion of the structures	128197
or improvements; building and construction materials sold to	128198
construction contractors for incorporation into a horticulture	128199
structure or livestock structure for a person engaged in the	128200
business of horticulture or producing livestock; building	128201
materials and services sold to a construction contractor for	128202
incorporation into a house of public worship or religious	128203
education, or a building used exclusively for charitable purposes	128204
under a construction contract with an organization whose purpose	128205
is as described in division (B)(12) of this section; building	128206
materials and services sold to a construction contractor for	128207
incorporation into a building under a construction contract with	128208
an organization exempt from taxation under section 501(c)(3) of	128209
the Internal Revenue Code of 1986 when the building is to be used	128210
exclusively for the organization's exempt purposes; building and	128211
construction materials sold for incorporation into the original	128212
construction of a sports facility under section 307.696 of the	128213
Revised Code; building and construction materials and services	128214
sold to a construction contractor for incorporation into real	128215
property outside this state if such materials and services, when	128216
sold to a construction contractor in the state in which the real	128217
property is located for incorporation into real property in that	128218
state, would be exempt from a tax on sales levied by that state;	128219
and, until one calendar year after the construction of a	128220
convention center that qualifies for property tax exemption under	128221
section 5709.084 of the Revised Code is completed, building and	128222
construction materials and services sold to a construction	128223
contractor for incorporation into the real property comprising	128224
that convention center;	128225

(14) Sales of ships or vessels or rail rolling stock used or	128226
to be used principally in interstate or foreign commerce, and	128227
repairs, alterations, fuel, and lubricants for such ships or	128228
vessels or rail rolling stock;	128229

(15) Sales to persons primarily engaged in any of the	128230
activities mentioned in division (B)(42)(a) or, (g), or (h) of	128231
this section, to persons engaged in making retail sales, or to	128232
persons who purchase for sale from a manufacturer tangible	128233
personal property that was produced by the manufacturer in	128234
accordance with specific designs provided by the purchaser, of	128235
packages, including material, labels, and parts for packages, and	128236
of machinery, equipment, and material for use primarily in	128237
packaging tangible personal property produced for sale, including	128238
any machinery, equipment, and supplies used to make labels or	128239
packages, to prepare packages or products for labeling, or to	128240
label packages or products, by or on the order of the person doing	128241
the packaging, or sold at retail. "Packages" includes bags,	128242
baskets, cartons, crates, boxes, cans, bottles, bindings,	128243
wrappings, and other similar devices and containers, but does not	128244
include motor vehicles or bulk tanks, trailers, or similar devices	128245
attached to motor vehicles. "Packaging" means placing in a	128246
package. Division (B)(15) of this section does not apply to	128247
persons engaged in highway transportation for hire.	128248

(16) Sales of food to persons using supplemental nutrition	128249
assistance program benefits to purchase the food. As used in this	128250
division, "food" has the same meaning as in 7 U.S.C. 2012 and	128251
federal regulations adopted pursuant to the Food and Nutrition Act	128252
of 2008.	128253

(17) Sales to persons engaged in farming, agriculture,	128254
horticulture, or floriculture, of tangible personal property for	128255
use or consumption ~~directly~~primarily in the production by	128256
farming, agriculture, horticulture, or floriculture of other	128257
tangible personal property for use or consumption ~~directly~~	128258
primarily in the production of tangible personal property for sale	128259
by farming, agriculture, horticulture, or floriculture; or	128260
material and parts for incorporation into any such tangible	128261
personal property for use or consumption in production; and of	128262
tangible personal property for such use or consumption in the	128263
conditioning or holding of products produced by and for such use,	128264
consumption, or sale by persons engaged in farming, agriculture,	128265
horticulture, or floriculture, except where such property is	128266
incorporated into real property;	128267

(18) Sales of drugs for a human being that may be dispensed	128268
only pursuant to a prescription; insulin as recognized in the	128269
official United States pharmacopoeia; urine and blood testing	128270
materials when used by diabetics or persons with hypoglycemia to	128271
test for glucose or acetone; hypodermic syringes and needles when	128272
used by diabetics for insulin injections; epoetin alfa when	128273
purchased for use in the treatment of persons with medical	128274
disease; hospital beds when purchased by hospitals, nursing homes,	128275
or other medical facilities; and medical oxygen and medical	128276
oxygen-dispensing equipment when purchased by hospitals, nursing	128277
homes, or other medical facilities;	128278

(19) Sales of prosthetic devices, durable medical equipment	128279
for home use, or mobility enhancing equipment, when made pursuant	128280
to a prescription and when such devices or equipment are for use	128281
by a human being.	128282

(20) Sales of emergency and fire protection vehicles and	128283
equipment to nonprofit organizations for use solely in providing	128284
fire protection and emergency services, including trauma care and	128285
emergency medical services, for political subdivisions of the	128286
state;	128287

(21) Sales of tangible personal property manufactured in this	128288
state, if sold by the manufacturer in this state to a retailer for	128289
use in the retail business of the retailer outside of this state	128290
and if possession is taken from the manufacturer by the purchaser	128291
within this state for the sole purpose of immediately removing the	128292
same from this state in a vehicle owned by the purchaser;	128293

(22) Sales of services provided by the state or any of its	128294
political subdivisions, agencies, instrumentalities, institutions,	128295
or authorities, or by governmental entities of the state or any of	128296
its political subdivisions, agencies, instrumentalities,	128297
institutions, or authorities;	128298

(23) Sales of motor vehicles to nonresidents of this state	128299
under the circumstances described in division (B) of section	128300
5739.029 of the Revised Code;	128301

(24) Sales to persons engaged in the preparation of eggs for	128302
sale of tangible personal property used or consumed directly in	128303
such preparation, including such tangible personal property used	128304
for cleaning, sanitizing, preserving, grading, sorting, and	128305
classifying by size; packages, including material and parts for	128306
packages, and machinery, equipment, and material for use in	128307
packaging eggs for sale; and handling and transportation equipment	128308
and parts therefor, except motor vehicles licensed to operate on	128309
public highways, used in intraplant or interplant transfers or	128310
shipment of eggs in the process of preparation for sale, when the	128311
plant or plants within or between which such transfers or	128312
shipments occur are operated by the same person. "Packages"	128313
includes containers, cases, baskets, flats, fillers, filler flats,	128314
cartons, closure materials, labels, and labeling materials, and	128315
"packaging" means placing therein.	128316

(25)(a) Sales of water to a consumer for residential use,	128317
except the sale of bottled water, distilled water, mineral water,	128318
carbonated water, or ice;	128319

(b) Sales of water by a nonprofit corporation engaged	128320
exclusively in the treatment, distribution, and sale of water to	128321
consumers, if such water is delivered to consumers through pipes	128322
or tubing.	128323

(26) Fees charged for inspection or reinspection of motor	128324
vehicles under section 3704.14 of the Revised Code;	128325

(27) Sales to persons licensed to conduct a food service	128326
operation pursuant to section 3717.43 of the Revised Code, of	128327
tangible personal property primarily used directly for the	128328
following:	128329

(a) To prepare food for human consumption for sale;

128330

(b) To preserve food that has been or will be prepared for	128331
human consumption for sale by the food service operator, not	128332
including tangible personal property used to display food for	128333
selection by the consumer;	128334

(c) To clean tangible personal property used to prepare or	128335
serve food for human consumption for sale.	128336

(28) Sales of animals by nonprofit animal adoption services	128337
or county humane societies;	128338

(29) Sales of services to a corporation described in division	128339
(A) of section 5709.72 of the Revised Code, and sales of tangible	128340
personal property that qualifies for exemption from taxation under	128341
section 5709.72 of the Revised Code;	128342

(30) Sales and installation of agricultural land tile, as	128343
defined in division (B)(5)(a) of section 5739.01 of the Revised	128344
Code;	128345

(31) Sales and erection or installation of portable grain	128346
bins, as defined in division (B)(5)(b) of section 5739.01 of the	128347
Revised Code;	128348

(32) The sale, lease, repair, and maintenance of, parts for,	128349
or items attached to or incorporated in, motor vehicles that are	128350
primarily used for transporting tangible personal property	128351
belonging to others by a person engaged in highway transportation	128352
for hire, except for packages and packaging used for the	128353
transportation of tangible personal property;	128354

(33) Sales to the state headquarters of any veterans'	128355
organization in this state that is either incorporated and issued	128356
a charter by the congress of the United States or is recognized by	128357
the United States veterans administration, for use by the	128358
headquarters;	128359

(34) Sales to a telecommunications service vendor, mobile	128360
telecommunications service vendor, or satellite broadcasting	128361
service vendor of tangible personal property and services used	128362
directly and primarily in transmitting, receiving, switching, or	128363
recording any interactive, one- or two-way electromagnetic	128364
communications, including voice, image, data, and information,	128365
through the use of any medium, including, but not limited to,	128366
poles, wires, cables, switching equipment, computers, and record	128367
storage devices and media, and component parts for the tangible	128368
personal property. The exemption provided in this division shall	128369
be in lieu of all other exemptions under division (B)(42)(a) or	128370
(n) of this section to which the vendor may otherwise be entitled,	128371
based upon the use of the thing purchased in providing the	128372
telecommunications, mobile telecommunications, or satellite	128373
broadcasting service.	128374

(35)(a) Sales where the purpose of the consumer is to use or	128375
consume the things transferred in making retail sales and	128376
consisting of newspaper inserts, catalogues, coupons, flyers, gift	128377
certificates, or other advertising material that prices and	128378
describes tangible personal property offered for retail sale.	128379

(b) Sales to direct marketing vendors of preliminary	128380
materials such as photographs, artwork, and typesetting that will	128381
be used in printing advertising material; of printed matter that	128382
offers free merchandise or chances to win sweepstake prizes and	128383
that is mailed to potential customers with advertising material	128384
described in division (B)(35)(a) of this section; and of equipment	128385
such as telephones, computers, facsimile machines, and similar	128386
tangible personal property primarily used to accept orders for	128387
direct marketing retail sales.	128388

(c) Sales of automatic food vending machines that preserve	128389
food with a shelf life of forty-five days or less by refrigeration	128390
and dispense it to the consumer.	128391

For purposes of division (B)(35) of this section, "direct	128392
marketing" means the method of selling where consumers order	128393
tangible personal property by United States mail, delivery	128394
service, or telecommunication and the vendor delivers or ships the	128395
tangible personal property sold to the consumer from a warehouse,	128396
catalogue distribution center, or similar fulfillment facility by	128397
means of the United States mail, delivery service, or common	128398
carrier.	128399

(36) Sales to a person engaged in the business of	128400
horticulture or producing livestock of materials to be	128401
incorporated into a horticulture structure or livestock structure;	128402

(37) Sales of personal computers, computer monitors, computer	128403
keyboards, modems, and other peripheral computer equipment to an	128404
individual who is licensed or certified to teach in an elementary	128405
or a secondary school in this state for use by that individual in	128406
preparation for teaching elementary or secondary school students;	128407

(38) Sales to a professional racing team of any of the	128408
following:	128409

(a) Motor racing vehicles;

128410

(b) Repair services for motor racing vehicles;

128411

(c) Items of property that are attached to or incorporated in	128412
motor racing vehicles, including engines, chassis, and all other	128413
components of the vehicles, and all spare, replacement, and	128414
rebuilt parts or components of the vehicles; except not including	128415
tires, consumable fluids, paint, and accessories consisting of	128416
instrumentation sensors and related items added to the vehicle to	128417
collect and transmit data by means of telemetry and other forms of	128418
communication.	128419

(39) Sales of used manufactured homes and used mobile homes,	128420
as defined in section 5739.0210 of the Revised Code, made on or	128421
after January 1, 2000;	128422

(40) Sales of tangible personal property and services to a	128423
provider of electricity used or consumed directly and primarily in	128424
generating, transmitting, or distributing electricity for use by	128425
others, including property that is or is to be incorporated into	128426
and will become a part of the consumer's production, transmission,	128427
or distribution system and that retains its classification as	128428
tangible personal property after incorporation; fuel or power used	128429
in the production, transmission, or distribution of electricity;	128430
energy conversion equipment as defined in section 5727.01 of the	128431
Revised Code; and tangible personal property and services used in	128432
the repair and maintenance of the production, transmission, or	128433
distribution system, including only those motor vehicles as are	128434
specially designed and equipped for such use. The exemption	128435
provided in this division shall be in lieu of all other exemptions	128436
in division (B)(42)(a) or (n) of this section to which a provider	128437
of electricity may otherwise be entitled based on the use of the	128438
tangible personal property or service purchased in generating,	128439
transmitting, or distributing electricity.	128440

(41) Sales to a person providing services under division	128441
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	128442
personal property and services used directly and primarily in	128443
providing taxable services under that section.	128444

(42) Sales where the purpose of the purchaser is to do any of	128445
the following:	128446

(a) To incorporate the thing transferred as a material or a	128447
part into tangible personal property to be produced for sale by	128448
manufacturing, assembling, processing, or refining; or to use or	128449
consume the thing transferred directly in producing tangible	128450
personal property for sale by mining, including, without	128451
limitation, the extraction from the earth of all substances that	128452
are classed geologically as minerals, production of crude oil and	128453
natural gas, ~~farming, agriculture, horticulture, or floriculture,~~	128454
or directly in the rendition of a public utility service, except	128455
that the sales tax levied by this section shall be collected upon	128456
all meals, drinks, and food for human consumption sold when	128457
transporting persons. Persons engaged in rendering ~~farming,~~	128458
~~agricultural, horticultural, or floricultural services, and~~	128459
services in the exploration for, and production of, crude oil and	128460
natural gas, for others are deemed engaged directly in ~~farming,~~	128461
~~agriculture, horticulture, and floriculture, or~~the exploration	128462
for, and production of, crude oil and natural gas. This paragraph	128463
does not exempt from "retail sale" or "sales at retail" the sale	128464
of tangible personal property that is to be incorporated into a	128465
structure or improvement to real property.	128466

(b) To hold the thing transferred as security for the	128467
performance of an obligation of the vendor;	128468

(c) To resell, hold, use, or consume the thing transferred as	128469
evidence of a contract of insurance;	128470

(d) To use or consume the thing directly in commercial	128471
fishing;	128472

(e) To incorporate the thing transferred as a material or a	128473
part into, or to use or consume the thing transferred directly in	128474
the production of, magazines distributed as controlled circulation	128475
publications;	128476

(f) To use or consume the thing transferred in the production	128477
and preparation in suitable condition for market and sale of	128478
printed, imprinted, overprinted, lithographic, multilithic,	128479
blueprinted, photostatic, or other productions or reproductions of	128480
written or graphic matter;	128481

(g) To use the thing transferred, as described in section	128482
5739.011 of the Revised Code, primarily in a manufacturing	128483
operation to produce tangible personal property for sale;	128484

(h) To use the benefit of a warranty, maintenance or service	128485
contract, or similar agreement, as described in division (B)(7) of	128486
section 5739.01 of the Revised Code, to repair or maintain	128487
tangible personal property, if all of the property that is the	128488
subject of the warranty, contract, or agreement would not be	128489
subject to the tax imposed by this section;	128490

(i) To use the thing transferred as qualified research and	128491
development equipment;	128492

(j) To use or consume the thing transferred primarily in	128493
storing, transporting, mailing, or otherwise handling purchased	128494
sales inventory in a warehouse, distribution center, or similar	128495
facility when the inventory is primarily distributed outside this	128496
state to retail stores of the person who owns or controls the	128497
warehouse, distribution center, or similar facility, to retail	128498
stores of an affiliated group of which that person is a member, or	128499
by means of direct marketing. This division does not apply to	128500
motor vehicles registered for operation on the public highways. As	128501
used in this division, "affiliated group" has the same meaning as	128502
in division (B)(3)(e) of section 5739.01 of the Revised Code and	128503
"direct marketing" has the same meaning as in division (B)(35) of	128504
this section.	128505

(k) To use or consume the thing transferred to fulfill a	128506
contractual obligation incurred by a warrantor pursuant to a	128507
warranty provided as a part of the price of the tangible personal	128508
property sold or by a vendor of a warranty, maintenance or service	128509
contract, or similar agreement the provision of which is defined	128510
as a sale under division (B)(7) of section 5739.01 of the Revised	128511
Code;	128512

(l) To use or consume the thing transferred in the production	128513
of a newspaper for distribution to the public;	128514

(m) To use tangible personal property to perform a service	128515
listed in division (B)(3) of section 5739.01 of the Revised Code,	128516
if the property is or is to be permanently transferred to the	128517
consumer of the service as an integral part of the performance of	128518
the service;	128519

(n) To use or consume the thing transferred primarily in	128520
producing tangible personal property for sale by farming,	128521
agriculture, horticulture, or floriculture. Persons engaged in	128522
rendering farming, agriculture, horticulture, or floriculture	128523
services for others are deemed engaged primarily in farming,	128524
agriculture, horticulture, or floriculture. This paragraph does	128525
not exempt from "retail sale" or "sales at retail" the sale of	128526
tangible personal property that is to be incorporated into a	128527
structure or improvement to real property.	128528

(o) To use or consume the thing transferred in acquiring,	128529
formatting, editing, storing, and disseminating data or	128530
information by electronic publishing.	128531

As used in division (B)(42) of this section, "thing" includes	128532
all transactions included in divisions (B)(3)(a), (b), and (e) of	128533
section 5739.01 of the Revised Code.	128534

(43) Sales conducted through a coin operated device that	128535
activates vacuum equipment or equipment that dispenses water,	128536
whether or not in combination with soap or other cleaning agents	128537
or wax, to the consumer for the consumer's use on the premises in	128538
washing, cleaning, or waxing a motor vehicle, provided no other	128539
personal property or personal service is provided as part of the	128540
transaction.	128541

(44) Sales of replacement and modification parts for engines,	128542
airframes, instruments, and interiors in, and paint for, aircraft	128543
used primarily in a fractional aircraft ownership program, and	128544
sales of services for the repair, modification, and maintenance of	128545
such aircraft, and machinery, equipment, and supplies primarily	128546
used to provide those services.	128547

(45) Sales of telecommunications service that is used	128548
directly and primarily to perform the functions of a call center.	128549
As used in this division, "call center" means any physical	128550
location where telephone calls are placed or received in high	128551
volume for the purpose of making sales, marketing, customer	128552
service, technical support, or other specialized business	128553
activity, and that employs at least fifty individuals that engage	128554
in call center activities on a full-time basis, or sufficient	128555
individuals to fill fifty full-time equivalent positions.	128556

(46) Sales by a telecommunications service vendor of 900	128557
service to a subscriber. This division does not apply to	128558
information services, as defined in division (FF) of section	128559
5739.01 of the Revised Code.	128560

(47) Sales of value-added non-voice data service. This	128561
division does not apply to any similar service that is not	128562
otherwise a telecommunications service.	128563

(48)(a) Sales of machinery, equipment, and software to a	128564
qualified direct selling entity for use in a warehouse or	128565
distribution center primarily for storing, transporting, or	128566
otherwise handling inventory that is held for sale to independent	128567
salespersons who operate as direct sellers and that is held	128568
primarily for distribution outside this state;	128569

(b) As used in division (B)(48)(a) of this section:

128570

(i) "Direct seller" means a person selling consumer products	128571
to individuals for personal or household use and not from a fixed	128572
retail location, including selling such product at in-home product	128573
demonstrations, parties, and other one-on-one selling.	128574

(ii) "Qualified direct selling entity" means an entity	128575
selling to direct sellers at the time the entity enters into a tax	128576
credit agreement with the tax credit authority pursuant to section	128577
122.17 of the Revised Code, provided that the agreement was	128578
entered into on or after January 1, 2007. Neither contingencies	128579
relevant to the granting of, nor later developments with respect	128580
to, the tax credit shall impair the status of the qualified direct	128581
selling entity under division (B)(48) of this section after	128582
execution of the tax credit agreement by the tax credit authority.	128583

(c) Division (B)(48) of this section is limited to machinery,	128584
equipment, and software first stored, used, or consumed in this	128585
state within the period commencing June 24, 2008, and ending on	128586
the date that is five years after that date.	128587

(49) Sales of materials, parts, equipment, or engines used in	128588
the repair or maintenance of aircraft or avionics systems of such	128589
aircraft, and sales of repair, remodeling, replacement, or	128590
maintenance services in this state performed on aircraft or on an	128591
aircraft's avionics, engine, or component materials or parts. As	128592
used in division (B)(49) of this section, "aircraft" means	128593
aircraft of more than six thousand pounds maximum certified	128594
takeoff weight or used exclusively in general aviation.	128595

(50) Sales of full flight simulators that are used for pilot	128596
or flight-crew training, sales of repair or replacement parts or	128597
components, and sales of repair or maintenance services for such	128598
full flight simulators. "Full flight simulator" means a replica of	128599
a specific type, or make, model, and series of aircraft cockpit.	128600
It includes the assemblage of equipment and computer programs	128601
necessary to represent aircraft operations in ground and flight	128602
conditions, a visual system providing an out-of-the-cockpit view,	128603
and a system that provides cues at least equivalent to those of a	128604
three-degree-of-freedom motion system, and has the full range of	128605
capabilities of the systems installed in the device as described	128606
in appendices A and B of part 60 of chapter 1 of title 14 of the	128607
Code of Federal Regulations.	128608

(51) Any transfer or lease of tangible personal property	128609
between the state and a successful proposer in accordance with	128610
sections 126.60 to 126.605 of the Revised Code, provided the	128611
property is part of a project as defined in section 126.60 of the	128612
Revised Code and the state retains ownership of the project or	128613
part thereof that is being transferred or leased, between the	128614
state and JobsOhio in accordance with section 4313.02 of the	128615
Revised Code.	128616

(C) For the purpose of the proper administration of this	128617
chapter, and to prevent the evasion of the tax, it is presumed	128618
that all sales made in this state are subject to the tax until the	128619
contrary is established.	128620

(D) The levy of this tax on retail sales of recreation and	128621
sports club service shall not prevent a municipal corporation from	128622
levying any tax on recreation and sports club dues or on any	128623
income generated by recreation and sports club dues.	128624

(E) The tax collected by the vendor from the consumer under	128625
this chapter is not part of the price, but is a tax collection for	128626
the benefit of the state, and of counties levying an additional	128627
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	128628
Code and of transit authorities levying an additional sales tax	128629
pursuant to section 5739.023 of the Revised Code. Except for the	128630
discount authorized under section 5739.12 of the Revised Code and	128631
the effects of any rounding pursuant to section 5703.055 of the	128632
Revised Code, no person other than the state or such a county or	128633
transit authority shall derive any benefit from the collection or	128634
payment of the tax levied by this section or section 5739.021,	128635
5739.023, or 5739.026 of the Revised Code.	128636

Sec. 5739.021. (A) For the purpose of providing additional	128637
general revenues for the county or supporting criminal and	128638
administrative justice services in the county, or both, and to pay	128639
the expenses of administering such levy, any county may levy a tax	128640
at the rate of not more than one per cent at any multiple of	128641
one-fourth of one per cent upon every retail sale made in the	128642
county, except sales of watercraft and outboard motors required to	128643
be titled pursuant to Chapter 1548. of the Revised Code and sales	128644
of motor vehicles, and may increase the rate of an existing tax to	128645
not more than one per cent at any multiple of one-fourth of one	128646
per cent.	128647

The tax shall be levied and the rate increased pursuant to a	128648
resolution of the board of county commissioners. The resolution	128649
shall state the purpose for which the tax is to be levied and the	128650
number of years for which the tax is to be levied, or that it is	128651
for a continuing period of time. If the tax is to be levied for	128652
the purpose of providing additional general revenues and for the	128653
purpose of supporting criminal and administrative justice	128654
services, the resolution shall state the rate or amount of the tax	128655
to be apportioned to each such purpose. The rate or amount may be	128656
different for each year the tax is to be levied, but the rates or	128657
amounts actually apportioned each year shall not be different from	128658
that stated in the resolution for that year. If the resolution is	128659
adopted as an emergency measure necessary for the immediate	128660
preservation of the public peace, health, or safety, it must	128661
receive an affirmative vote of all of the members of the board of	128662
county commissioners and shall state the reasons for such	128663
necessity. The board shall deliver a certified copy of the	128664
resolution to the tax commissioner, not later than the sixty-fifth	128665
day prior to the date on which the tax is to become effective,	128666
which shall be the first day of the calendar quarter.	128667

Prior to the adoption of any resolution under this section,	128668
the board of county commissioners shall conduct two public	128669
hearings on the resolution, the second hearing to be not less than	128670
three nor more than ten days after the first. Notice of the date,	128671
time, and place of the hearings shall be given by publication in a	128672
newspaper of general circulation in the county, or as provided in	128673
section 7.16 of the Revised Code, once a week on the same day of	128674
the week for two consecutive weeks, the second publication being	128675
not less than ten nor more than thirty days prior to the first	128676
hearing.	128677

Except as provided in division (B)(3) of this section, the	128678
resolution shall be subject to a referendum as provided in	128679
sections 305.31 to 305.41 of the Revised Code.	128680

If a petition for a referendum is filed, the county auditor	128681
with whom the petition was filed shall, within five days, notify	128682
the board of county commissioners and the tax commissioner of the	128683
filing of the petition by certified mail. If the board of	128684
elections with which the petition was filed declares the petition	128685
invalid, the board of elections, within five days, shall notify	128686
the board of county commissioners and the tax commissioner of that	128687
declaration by certified mail. If the petition is declared to be	128688
invalid, the effective date of the tax or increased rate of tax	128689
levied by this section shall be the first day of a calendar	128690
quarter following the expiration of sixty-five days from the date	128691
the commissioner receives notice from the board of elections that	128692
the petition is invalid.	128693

(B)(1) A resolution that is not adopted as an emergency	128694
measure may direct the board of elections to submit the question	128695
of levying the tax or increasing the rate of tax to the electors	128696
of the county at a special election held on the date specified by	128697
the board of county commissioners in the resolution, provided that	128698
the election occurs not less than ninety days after a certified	128699
copy of such resolution is transmitted to the board of elections	128700
and the election is not held in February or August of any year.	128701
Upon transmission of the resolution to the board of elections, the	128702
board of county commissioners shall notify the tax commissioner in	128703
writing of the levy question to be submitted to the electors. No	128704
resolution adopted under this division shall go into effect unless	128705
approved by a majority of those voting upon it, and, except as	128706
provided in division (B)(3) of this section, shall become	128707
effective on the first day of a calendar quarter following the	128708
expiration of sixty-five days from the date the tax commissioner	128709
receives notice from the board of elections of the affirmative	128710
vote.	128711

(2) A resolution that is adopted as an emergency measure	128712
shall go into effect as provided in division (A) of this section,	128713
but may direct the board of elections to submit the question of	128714
repealing the tax or increase in the rate of the tax to the	128715
electors of the county at the next general election in the county	128716
occurring not less than ninety days after a certified copy of the	128717
resolution is transmitted to the board of elections. Upon	128718
transmission of the resolution to the board of elections, the	128719
board of county commissioners shall notify the tax commissioner in	128720
writing of the levy question to be submitted to the electors. The	128721
ballot question shall be the same as that prescribed in section	128722
5739.022 of the Revised Code. The board of elections shall notify	128723
the board of county commissioners and the tax commissioner of the	128724
result of the election immediately after the result has been	128725
declared. If a majority of the qualified electors voting on the	128726
question of repealing the tax or increase in the rate of the tax	128727
vote for repeal of the tax or repeal of the increase, the board of	128728
county commissioners, on the first day of a calendar quarter	128729
following the expiration of sixty-five days after the date the	128730
board and tax commissioner receive notice of the result of the	128731
election, shall, in the case of a repeal of the tax, cease to levy	128732
the tax, or, in the case of a repeal of an increase in the rate of	128733
the tax, cease to levy the increased rate and levy the tax at the	128734
rate at which it was imposed immediately prior to the increase in	128735
rate.	128736

(3) If a vendor that is registered with the central	128737
electronic registration system provided for in section 5740.05 of	128738
the Revised Code makes a sale in this state by printed catalog and	128739
the consumer computed the tax on the sale based on local rates	128740
published in the catalog, any tax levied or repealed or rate	128741
changed under this section shall not apply to such a sale until	128742
the first day of a calendar quarter following the expiration of	128743
one hundred twenty days from the date of notice by the tax	128744
commissioner pursuant to division (H) of this section.	128745

(C) If a resolution is rejected at a referendum or if a	128746
resolution adopted after January 1, 1982, as an emergency measure	128747
is repealed by the electors pursuant to division (B)(2) of this	128748
section or section 5739.022 of the Revised Code, then for one year	128749
after the date of the election at which the resolution was	128750
rejected or repealed the board of county commissioners may not	128751
adopt any resolution authorized by this section as an emergency	128752
measure.	128753

(D) The board of county commissioners, at any time while a	128754
tax levied under this section is in effect, may by resolution	128755
reduce the rate at which the tax is levied to a lower rate	128756
authorized by this section. Any reduction in the rate at which the	128757
tax is levied shall be made effective on the first day of a	128758
calendar quarter next following the sixty-fifth day after a	128759
certified copy of the resolution is delivered to the tax	128760
commissioner.	128761

(E) The tax on every retail sale subject to a tax levied	128762
pursuant to this section shall be in addition to the tax levied by	128763
section 5739.02 of the Revised Code and any tax levied pursuant to	128764
section 5739.023 or 5739.026 of the Revised Code.	128765

A county that levies a tax pursuant to this section shall	128766
levy a tax at the same rate pursuant to section 5741.021 of the	128767
Revised Code.	128768

The additional tax levied by the county shall be collected	128769
pursuant to section 5739.025 of the Revised Code. If the	128770
additional tax or some portion thereof is levied for the purpose	128771
of criminal and administrative justice services, the revenue from	128772
the tax, or the amount or rate apportioned to that purpose, shall	128773
be credited to a special fund created in the county treasury for	128774
receipt of that revenue.	128775

Any tax levied pursuant to this section is subject to the	128776
exemptions provided in section 5739.02 of the Revised Code and in	128777
addition shall not be applicable to sales not within the taxing	128778
power of a county under the Constitution of the United States or	128779
the Ohio Constitution.	128780

(F) For purposes of this section, a copy of a resolution is	128781
"certified" when it contains a written statement attesting that	128782
the copy is a true and exact reproduction of the original	128783
resolution.	128784

(G) If a board of commissioners intends to adopt a resolution	128785
to levy a tax in whole or in part for the purpose of criminal and	128786
administrative justice services, the board shall prepare and make	128787
available at the first public hearing at which the resolution is	128788
considered a statement containing the following information:	128789

(1) For each of the two preceding fiscal years, the amount of	128790
expenditures made by the county from the county general fund for	128791
the purpose of criminal and administrative justice services;	128792

(2) For the fiscal year in which the resolution is adopted,	128793
the board's estimate of the amount of expenditures to be made by	128794
the county from the county general fund for the purpose of	128795
criminal and administrative justice services;	128796

(3) For each of the two fiscal years after the fiscal year in	128797
which the resolution is adopted, the board's preliminary plan for	128798
expenditures to be made from the county general fund for the	128799
purpose of criminal and administrative justice services, both	128800
under the assumption that the tax will be imposed for that purpose	128801
and under the assumption that the tax would not be imposed for	128802
that purpose, and for expenditures to be made from the special	128803
fund created under division (E) of this section under the	128804
assumption that the tax will be imposed for that purpose.	128805

The board shall prepare the statement and the preliminary	128806
plan using the best information available to the board at the time	128807
the statement is prepared. Neither the statement nor the	128808
preliminary plan shall be used as a basis to challenge the	128809
validity of the tax in any court of competent jurisdiction, nor	128810
shall the statement or preliminary plan limit the authority of the	128811
board to appropriate, pursuant to section 5705.38 of the Revised	128812
Code, an amount different from that specified in the preliminary	128813
plan.	128814

(H) Upon receipt from a board of county commissioners of a	128815
certified copy of a resolution required by division (A) or (D) of	128816
this section, or from the board of elections of a notice of the	128817
results of an election required by division (A) or (B)(1) or (2)	128818
of this section, the tax commissioner shall provide notice of a	128819
tax rate change in a manner that is reasonably accessible to all	128820
affected vendors. The commissioner shall provide this notice at	128821
least sixty days prior to the effective date of the rate change.	128822
The commissioner, by rule, may establish the method by which	128823
notice will be provided.	128824

(I) As used in this section, "criminal and administrative	128825
justice services" means the exercise by the county sheriff of all	128826
powers and duties vested in that office by law; the exercise by	128827
the county prosecuting attorney of all powers and duties vested in	128828
that office by law; the exercise by any court in the county of all	128829
powers and duties vested in that court; the exercise by the clerk	128830
of the court of common pleas, any clerk of a municipal court	128831
having jurisdiction throughout the county, or the clerk of any	128832
county court of all powers and duties vested in the clerk by law	128833
except, in the case of the clerk of the court of common pleas, the	128834
titling of motor vehicles or watercraft pursuant to Chapter 1548.	128835
or 4505. of the Revised Code; the exercise by the county coroner	128836
of all powers and duties vested in that office by law; making	128837
payments to any other public agency or a private, nonprofit	128838
agency, the purposes of which in the county include the diversion,	128839
adjudication, detention, or rehabilitation of criminals or	128840
juvenile offenders; the operation and maintenance of any detention	128841
facility, as defined in section 2921.01 of the Revised Code; and	128842
the construction, acquisition, equipping, or repair of such a	128843
detention facility, including the payment of any debt charges	128844
incurred in the issuance of securities pursuant to Chapter 133. of	128845
the Revised Code for the purpose of constructing, acquiring,	128846
equipping, or repairing such a facility.	128847

Sec. 5739.022. (A) The question of repeal of either a county	128848
permissive tax or an increase in the rate of a county permissive	128849
tax that was adopted as an emergency measure pursuant to section	128850
5739.021 or 5739.026 of the Revised Code may be initiated by	128851
filing with the board of elections of the county not less than	128852
ninety days before the general election in any year a petition	128853
requesting that an election be held on the question. The question	128854
of repealing an increase in the rate of the county permissive tax	128855
shall be submitted to the electors as a separate question from the	128856
repeal of the tax in effect prior to the increase in the rate. Any	128857
petition filed under this section shall be signed by qualified	128858
electors residing in the county equal in number to ten per cent of	128859
those voting for governor at the most recent gubernatorial	128860
election.	128861

After determination by it that the petition is valid, the	128862
board of elections shall submit the question to the electors of	128863
the county at the next general election. The election shall be	128864
conducted, canvassed, and certified in the same manner as regular	128865
elections for county offices in the county. The board of elections	128866
shall notify the tax commissioner, in writing, of the election	128867
upon determining that the petition is valid. Notice of the	128868
election shall also be published in a newspaper of general	128869
circulation in the district once a week for two consecutive weeks,	128870
or as provided in section 7.16 of the Revised Code, prior to the	128871
election~~, and, if~~. If the board of elections operates and	128872
maintains a web site, the board of elections shall post notice of	128873
the election on its web site for thirty days prior to the	128874
election. The notice shall state the purpose, time, and place of	128875
the election. The form of the ballot cast at the election shall be	128876
prescribed by the secretary of state; however, the ballot question	128877
shall read, "shall the tax (or, increase in the rate of the tax)	128878
be retained?	128879

128880

		Yes			128881
		No	"		128882

128883

The question covered by the petition shall be submitted as a	128884
separate proposition, but it may be printed on the same ballot	128885
with any other proposition submitted at the same election other	128886
than the election of officers.	128887

(B) If a majority of the qualified electors voting on the	128888
question of repeal of either a county permissive tax or an	128889
increase in the rate of a county permissive tax approve the	128890
repeal, the board of elections shall notify the board of county	128891
commissioners and the tax commissioner of the result of the	128892
election immediately after the result has been declared. The board	128893
of county commissioners shall, on the first day of the calendar	128894
quarter following the expiration of sixty-five days after the date	128895
the board and the tax commissioner receive the notice, in the case	128896
of a repeal of a county permissive tax, cease to levy the tax, or,	128897
in the case of a repeal of an increase in the rate of a county	128898
permissive tax, levy the tax at the rate at which it was imposed	128899
immediately prior to the increase in rate and cease to levy the	128900
increased rate.	128901

(C) Upon receipt from a board of elections of a notice of the	128902
results of an election required by division (B) of this section,	128903
the tax commissioner shall provide notice of a tax repeal or rate	128904
change in a manner that is reasonably accessible to all affected	128905
vendors. The commissioner shall provide this notice at least sixty	128906
days prior to the effective date of the rate change. The	128907
commissioner, by rule, may establish the method by which notice	128908
will be provided.	128909

(D) If a vendor that is registered with the central	128910
electronic registration system provided for in section 5740.05 of	128911
the Revised Code makes a sale in this state by printed catalog and	128912
the consumer computed the tax on the sale based on local rates	128913
published in the catalog, any tax repealed or rate changed under	128914
this section shall not apply to such a sale until the first day of	128915
a calendar quarter following the expiration of one hundred twenty	128916
days from the date of notice by the tax commissioner pursuant to	128917
division (C) of this section.	128918

Sec. 5739.026. (A) A board of county commissioners may levy	128919
a tax of one-fourth or one-half of one per cent on every retail	128920
sale in the county, except sales of watercraft and outboard motors	128921
required to be titled pursuant to Chapter 1548. of the Revised	128922
Code and sales of motor vehicles, and may increase an existing	128923
rate of one-fourth of one per cent to one-half of one per cent, to	128924
pay the expenses of administering the tax and, except as provided	128925
in division (A)(6) of this section, for any one or more of the	128926
following purposes provided that the aggregate levy for all such	128927
purposes does not exceed one-half of one per cent:	128928

(1) To provide additional revenues for the payment of bonds	128929
or notes issued in anticipation of bonds issued by a convention	128930
facilities authority established by the board of county	128931
commissioners under Chapter 351. of the Revised Code and to	128932
provide additional operating revenues for the convention	128933
facilities authority;	128934

(2) To provide additional revenues for a transit authority	128935
operating in the county;	128936

(3) To provide additional revenue for the county's general	128937
fund;	128938

(4) To provide additional revenue for permanent improvements	128939
within the county to be distributed by the community improvements	128940
board in accordance with section 307.283 and to pay principal,	128941
interest, and premium on bonds issued under section 307.284 of the	128942
Revised Code;	128943

(5) To provide additional revenue for the acquisition,	128944
construction, equipping, or repair of any specific permanent	128945
improvement or any class or group of permanent improvements, which	128946
improvement or class or group of improvements shall be enumerated	128947
in the resolution required by division (D) of this section, and to	128948
pay principal, interest, premium, and other costs associated with	128949
the issuance of bonds or notes in anticipation of bonds issued	128950
pursuant to Chapter 133. of the Revised Code for the acquisition,	128951
construction, equipping, or repair of the specific permanent	128952
improvement or class or group of permanent improvements;	128953

(6) To provide revenue for the implementation and operation	128954
of a 9-1-1 system in the county. If the tax is levied or the rate	128955
increased exclusively for such purpose, the tax shall not be	128956
levied or the rate increased for more than five years. At the end	128957
of the last year the tax is levied or the rate increased, any	128958
balance remaining in the special fund established for such purpose	128959
shall remain in that fund and be used exclusively for such purpose	128960
until the fund is completely expended, and, notwithstanding	128961
section 5705.16 of the Revised Code, the board of county	128962
commissioners shall not petition for the transfer of money from	128963
such special fund, and the tax commissioner shall not approve such	128964
a petition.	128965

If the tax is levied or the rate increased for such purpose	128966
for more than five years, the board of county commissioners also	128967
shall levy the tax or increase the rate of the tax for one or more	128968
of the purposes described in divisions (A)(1) to (5) of this	128969
section and shall prescribe the method for allocating the revenues	128970
from the tax each year in the manner required by division (C) of	128971
this section.	128972

(7) To provide additional revenue for the operation or	128973
maintenance of a detention facility, as that term is defined under	128974
division (F) of section 2921.01 of the Revised Code;	128975

(8) To provide revenue to finance the construction or	128976
renovation of a sports facility, but only if the tax is levied for	128977
that purpose in the manner prescribed by section 5739.028 of the	128978
Revised Code.	128979

As used in division (A)(8) of this section:

128980

(a) "Sports facility" means a facility intended to house	128981
major league professional athletic teams.	128982

(b) "Constructing" or "construction" includes providing	128983
fixtures, furnishings, and equipment.	128984

(9) To provide additional revenue for the acquisition of	128985
agricultural easements, as defined in section 5301.67 of the	128986
Revised Code; to pay principal, interest, and premium on bonds	128987
issued under section 133.60 of the Revised Code; and for the	128988
supervision and enforcement of agricultural easements held by the	128989
county;	128990

(10) To provide revenue for the provision of ambulance,	128991
paramedic, or other emergency medical services;	128992

(11) To provide revenue for the operation of a lake	128993
facilities authority and the remediation of a distressed watershed	128994
by a lake facilities authority, as provided in Chapter 353. of the	128995
Revised Code.	128996

Pursuant to section 755.171 of the Revised Code, a board of	128997
county commissioners may pledge and contribute revenue from a tax	128998
levied for the purpose of division (A)(5) of this section to the	128999
payment of debt charges on bonds issued under section 755.17 of	129000
the Revised Code.	129001

The rate of tax shall be a multiple of one-fourth of one per	129002
cent, unless a portion of the rate of an existing tax levied under	129003
section 5739.023 of the Revised Code has been reduced, and the	129004
rate of tax levied under this section has been increased, pursuant	129005
to section 5739.028 of the Revised Code, in which case the	129006
aggregate of the rates of tax levied under this section and	129007
section 5739.023 of the Revised Code shall be a multiple of	129008
one-fourth of one per cent. The tax shall be levied and the rate	129009
increased pursuant to a resolution adopted by a majority of the	129010
members of the board. The board shall deliver a certified copy of	129011
the resolution to the tax commissioner, not later than the	129012
sixty-fifth day prior to the date on which the tax is to become	129013
effective, which shall be the first day of a calendar quarter.	129014

Prior to the adoption of any resolution to levy the tax or to	129015
increase the rate of tax exclusively for the purpose set forth in	129016
division (A)(3) of this section, the board of county commissioners	129017
shall conduct two public hearings on the resolution, the second	129018
hearing to be no fewer than three nor more than ten days after the	129019
first. Notice of the date, time, and place of the hearings shall	129020
be given by publication in a newspaper of general circulation in	129021
the county, or as provided in section 7.16 of the Revised Code,	129022
once a week on the same day of the week for two consecutive weeks,	129023
~~the~~. The second publication ~~being~~shall be no fewer than ten nor	129024
more than thirty days prior to the first hearing. Except as	129025
provided in division (E) of this section, the resolution shall be	129026
subject to a referendum as provided in sections 305.31 to 305.41	129027
of the Revised Code. If the resolution is adopted as an emergency	129028
measure necessary for the immediate preservation of the public	129029
peace, health, or safety, it must receive an affirmative vote of	129030
all of the members of the board of county commissioners and shall	129031
state the reasons for the necessity.	129032

If the tax is for more than one of the purposes set forth in	129033
divisions (A)(1) to (7), (9), and (10) of this section, or is	129034
exclusively for one of the purposes set forth in division (A)(1),	129035
(2), (4), (5), (6), (7), (9), or (10) of this section, the	129036
resolution shall not go into effect unless it is approved by a	129037
majority of the electors voting on the question of the tax.	129038

(B) The board of county commissioners shall adopt a	129039
resolution under section 351.02 of the Revised Code creating the	129040
convention facilities authority, or under section 307.283 of the	129041
Revised Code creating the community improvements board, before	129042
adopting a resolution levying a tax for the purpose of a	129043
convention facilities authority under division (A)(1) of this	129044
section or for the purpose of a community improvements board under	129045
division (A)(4) of this section.	129046

(C)(1) If the tax is to be used for more than one of the	129047
purposes set forth in divisions (A)(1) to (7), (9), and (10) of	129048
this section, the board of county commissioners shall establish	129049
the method that will be used to determine the amount or proportion	129050
of the tax revenue received by the county during each year that	129051
will be distributed for each of those purposes, including, if	129052
applicable, provisions governing the reallocation of a convention	129053
facilities authority's allocation if the authority is dissolved	129054
while the tax is in effect. The allocation method may provide that	129055
different proportions or amounts of the tax shall be distributed	129056
among the purposes in different years, but it shall clearly	129057
describe the method that will be used for each year. Except as	129058
otherwise provided in division (C)(2) of this section, the	129059
allocation method established by the board is not subject to	129060
amendment during the life of the tax.	129061

(2) Subsequent to holding a public hearing on the proposed	129062
amendment, the board of county commissioners may amend the	129063
allocation method established under division (C)(1) of this	129064
section for any year, if the amendment is approved by the	129065
governing board of each entity whose allocation for the year would	129066
be reduced by the proposed amendment. In the case of a tax that is	129067
levied for a continuing period of time, the board may not so amend	129068
the allocation method for any year before the sixth year that the	129069
tax is in effect.	129070

(a) If the additional revenues provided to the convention	129071
facilities authority are pledged by the authority for the payment	129072
of convention facilities authority revenue bonds for as long as	129073
such bonds are outstanding, no reduction of the authority's	129074
allocation of the tax shall be made for any year except to the	129075
extent that the reduced authority allocation, when combined with	129076
the authority's other revenues pledged for that purpose, is	129077
sufficient to meet the debt service requirements for that year on	129078
such bonds.	129079

(b) If the additional revenues provided to the county are	129080
pledged by the county for the payment of bonds or notes described	129081
in division (A)(4) or (5) of this section, for as long as such	129082
bonds or notes are outstanding, no reduction of the county's or	129083
the community improvements board's allocation of the tax shall be	129084
made for any year, except to the extent that the reduced county or	129085
community improvements board allocation is sufficient to meet the	129086
debt service requirements for that year on such bonds or notes.	129087

(c) If the additional revenues provided to the transit	129088
authority are pledged by the authority for the payment of revenue	129089
bonds issued under section 306.37 of the Revised Code, for as long	129090
as such bonds are outstanding, no reduction of the authority's	129091
allocation of tax shall be made for any year, except to the extent	129092
that the authority's reduced allocation, when combined with the	129093
authority's other revenues pledged for that purpose, is sufficient	129094
to meet the debt service requirements for that year on such bonds.	129095

(d) If the additional revenues provided to the county are	129096
pledged by the county for the payment of bonds or notes issued	129097
under section 133.60 of the Revised Code, for so long as the bonds	129098
or notes are outstanding, no reduction of the county's allocation	129099
of the tax shall be made for any year, except to the extent that	129100
the reduced county allocation is sufficient to meet the debt	129101
service requirements for that year on the bonds or notes.	129102

(D)(1) The resolution levying the tax or increasing the rate	129103
of tax shall state the rate of the tax or the rate of the	129104
increase; the purpose or purposes for which it is to be levied;	129105
the number of years for which it is to be levied or that it is for	129106
a continuing period of time; the allocation method required by	129107
division (C) of this section; and if required to be submitted to	129108
the electors of the county under division (A) of this section, the	129109
date of the election at which the proposal shall be submitted to	129110
the electors of the county, which shall be not less than ninety	129111
days after the certification of a copy of the resolution to the	129112
board of elections and, if the tax is to be levied exclusively for	129113
the purpose set forth in division (A)(3) of this section, shall	129114
not occur in February or August of any year. Upon certification of	129115
the resolution to the board of elections, the board of county	129116
commissioners shall notify the tax commissioner in writing of the	129117
levy question to be submitted to the electors. If approved by a	129118
majority of the electors, the tax shall become effective on the	129119
first day of a calendar quarter next following the sixty-fifth day	129120
following the date the board of county commissioners and tax	129121
commissioner receive from the board of elections the certification	129122
of the results of the election, except as provided in division (E)	129123
of this section.	129124

(2)(a) A resolution specifying that the tax is to be used	129125
exclusively for the purpose set forth in division (A)(3) of this	129126
section that is not adopted as an emergency measure may direct the	129127
board of elections to submit the question of levying the tax or	129128
increasing the rate of the tax to the electors of the county at a	129129
special election held on the date specified by the board of county	129130
commissioners in the resolution, provided that the election occurs	129131
not less than ninety days after the resolution is certified to the	129132
board of elections and the election is not held in February or	129133
August of any year. Upon certification of the resolution to the	129134
board of elections, the board of county commissioners shall notify	129135
the tax commissioner in writing of the levy question to be	129136
submitted to the electors. No resolution adopted under division	129137
(D)(2)(a) of this section shall go into effect unless approved by	129138
a majority of those voting upon it and, except as provided in	129139
division (E) of this section, not until the first day of a	129140
calendar quarter following the expiration of sixty-five days from	129141
the date the tax commissioner receives notice from the board of	129142
elections of the affirmative vote.	129143

(b) A resolution specifying that the tax is to be used	129144
exclusively for the purpose set forth in division (A)(3) of this	129145
section that is adopted as an emergency measure shall become	129146
effective as provided in division (A) of this section, but may	129147
direct the board of elections to submit the question of repealing	129148
the tax or increase in the rate of the tax to the electors of the	129149
county at the next general election in the county occurring not	129150
less than ninety days after the resolution is certified to the	129151
board of elections. Upon certification of the resolution to the	129152
board of elections, the board of county commissioners shall notify	129153
the tax commissioner in writing of the levy question to be	129154
submitted to the electors. The ballot question shall be the same	129155
as that prescribed in section 5739.022 of the Revised Code. The	129156
board of elections shall notify the board of county commissioners	129157
and the tax commissioner of the result of the election immediately	129158
after the result has been declared. If a majority of the qualified	129159
electors voting on the question of repealing the tax or increase	129160
in the rate of the tax vote for repeal of the tax or repeal of the	129161
increase, the board of county commissioners, on the first day of a	129162
calendar quarter following the expiration of sixty-five days after	129163
the date the board and tax commissioner received notice of the	129164
result of the election, shall, in the case of a repeal of the tax,	129165
cease to levy the tax, or, in the case of a repeal of an increase	129166
in the rate of the tax, cease to levy the increased rate and levy	129167
the tax at the rate at which it was imposed immediately prior to	129168
the increase in rate.	129169

(c) A board of county commissioners, by resolution, may	129170
reduce the rate of a tax levied exclusively for the purpose set	129171
forth in division (A)(3) of this section to a lower rate	129172
authorized by this section. Any such reduction shall be made	129173
effective on the first day of the calendar quarter next following	129174
the sixty-fifth day after the tax commissioner receives a	129175
certified copy of the resolution from the board.	129176

(E) If a vendor that is registered with the central	129177
electronic registration system provided for in section 5740.05 of	129178
the Revised Code makes a sale in this state by printed catalog and	129179
the consumer computed the tax on the sale based on local rates	129180
published in the catalog, any tax levied or repealed or rate	129181
changed under this section shall not apply to such a sale until	129182
the first day of a calendar quarter following the expiration of	129183
one hundred twenty days from the date of notice by the tax	129184
commissioner pursuant to division (G) of this section.	129185

(F) The tax levied pursuant to this section shall be in	129186
addition to the tax levied by section 5739.02 of the Revised Code	129187
and any tax levied pursuant to section 5739.021 or 5739.023 of the	129188
Revised Code.	129189

A county that levies a tax pursuant to this section shall	129190
levy a tax at the same rate pursuant to section 5741.023 of the	129191
Revised Code.	129192

The additional tax levied by the county shall be collected	129193
pursuant to section 5739.025 of the Revised Code.	129194

Any tax levied pursuant to this section is subject to the	129195
exemptions provided in section 5739.02 of the Revised Code and in	129196
addition shall not be applicable to sales not within the taxing	129197
power of a county under the Constitution of the United States or	129198
the Ohio Constitution.	129199

(G) Upon receipt from a board of county commissioners of a	129200
certified copy of a resolution required by division (A) of this	129201
section, or from the board of elections a notice of the results of	129202
an election required by division (D)(1), (2)(a), (b), or (c) of	129203
this section, the tax commissioner shall provide notice of a tax	129204
rate change in a manner that is reasonably accessible to all	129205
affected vendors. The commissioner shall provide this notice at	129206
least sixty days prior to the effective date of the rate change.	129207
The commissioner, by rule, may establish the method by which	129208
notice will be provided.	129209

Sec. 5739.07. (A) When, pursuant to this chapter, a vendor	129210
has paid taxes to the treasurer of state or the treasurer of	129211
state's agent, or to the tax commissioner or the commissioner's	129212
agent, the commissioner shall refund to the vendor the amount of	129213
taxes paid if the vendor has refunded to the consumer the full	129214
amount of taxes the consumer paid illegally or erroneously or if	129215
the vendor has illegally or erroneously billed the consumer but	129216
has not collected the taxes from the consumer.	129217

(B) When, pursuant to this chapter, a consumer has paid taxes	129218
directly to the treasurer of state or the treasurer of state's	129219
agent, or to the tax commissioner or the commissioner's agent, and	129220
the payment or assessment was illegal or erroneous, the	129221
commissioner shall refund to the consumer the full amount of	129222
illegal or erroneous taxes paid.	129223

(C) The commissioner shall refund to the consumer taxes paid	129224
illegally or erroneously to a vendor only if:	129225

(1) The commissioner has not refunded the tax to the vendor	129226
and the vendor has not refunded the tax to the consumer; or	129227

(2) The consumer has received a refund from a manufacturer or	129228
other person, other than the vendor, of the full purchase price,	129229
but not the tax, paid to the vendor in settlement of a complaint	129230
by the consumer about the property or service purchased.	129231

The commissioner may require the consumer to obtain or the	129232
vendor to provide a written statement confirming that the vendor	129233
has not refunded the tax to the consumer and has not filed an	129234
application for refund of the tax with the commissioner.	129235

(D) AnSubject to division (E) of this section, an	129236
application for refund shall be filed with the tax commissioner on	129237
the form prescribed by the commissioner within four years from the	129238
date of the illegal or erroneous payment of the tax, unless the	129239
vendor or consumer waives the time limitation under division	129240
(A)(3) of section 5739.16 of the Revised Code. If the time	129241
limitation is waived, the refund application period shall be	129242
extended for the same period as the waiver.	129243

(E) An application for refund shall be filed in accordance	129244
with division (D) of this section unless a person is subject to an	129245
assessment that is subject to the time limit of division (B) of	129246
section 5703.58 of the Revised Code for a tax not reported and	129247
paid between the four-year time limit described in division (D) of	129248
this section and the seven-year limit described in division (B) of	129249
section 5703.58 of the Revised Code, in which case the person may	129250
file an application for refund for the year in which the	129251
assessment is issued or any following year.	129252

(F) On the filing of an application for a refund, the	129253
commissioner shall determine the amount of refund to which the	129254
applicant is entitled. If the amount is not less than that	129255
claimed, the commissioner shall certify that amount to the	129256
director of budget and management and the treasurer of state for	129257
payment from the tax refund fund created by section 5703.052 of	129258
the Revised Code. If the amount is less than that claimed, the	129259
commissioner shall proceed in accordance with section 5703.70 of	129260
the Revised Code.	129261

~~(F)~~(G) When a refund is granted under this section, it shall	129262
include interest thereon as provided by section 5739.132 of the	129263
Revised Code.	129264

Sec. 5739.101. (A) The legislative authority of a municipal	129265
corporation, by ordinance, or of a township, by resolution, may	129266
declare the municipal corporation or township to be a resort area	129267
for the purposes of this section, if all of the following criteria	129268
are met:	129269

(1) According to statistics published by the federal	129270
government based on data compiled during the most recent decennial	129271
census of the United States, at least sixty-two per cent of total	129272
housing units in the municipal corporation or township are	129273
classified as "for seasonal, recreational, or occasional use";	129274

(2) Entertainment and recreation facilities are provided	129275
within the municipal corporation or township that are primarily	129276
intended to provide seasonal leisure time activities for persons	129277
other than permanent residents of the municipal corporation or	129278
township;	129279

(3) The municipal corporation or township experiences	129280
seasonal peaks of employment and demand for government services as	129281
a direct result of the seasonal population increase.	129282

(B) For the purpose of providing revenue for its general	129283
fund, the legislative authority of a municipal corporation or	129284
township, in its ordinance or resolution declaring itself a resort	129285
area under this section, may levy a tax on the privilege of	129286
engaging in the business of either of the following:	129287

(1) Making sales in the municipal corporation or township,	129288
whether wholesale or retail, but including sales of food only to	129289
the extent such sales are subject to the tax levied under section	129290
5739.02 of the Revised Code;	129291

(2) Intrastate transportation of passengers or property	129292
primarily to or from the municipal corporation or township by a	129293
railroad, watercraft, or motor vehicle subject to regulation by	129294
the public utilities commission, except not including	129295
transportation of passengers as part of a tour or cruise in which	129296
the passengers will stay in the municipal corporation or township	129297
for no more than one hour.	129298

The tax is imposed upon and shall be paid by the person	129299
making the sales or transporting the passengers or property. The	129300
rate of the tax shall be one-half, one, or one and one-half per	129301
cent of the person's gross receipts derived from making the sales	129302
or transporting the passengers or property to or from the	129303
municipal corporation or township.	129304

(C) The tax shall take effect on the first day of the month	129305
that begins at least sixty days after the effective date of the	129306
ordinance or resolution in which it is levied. The legislative	129307
authority shall certify copies of the ordinance or resolution to	129308
the tax commissioner and treasurer of state within five days after	129309
its adoption. In addition, one time each week during the two weeks	129310
following the adoption of the ordinance or resolution, the	129311
legislative authority shall cause to be published in a newspaper	129312
of general circulation in the municipal corporation or township or	129313
as provided in section 7.16 of the Revised Code, a notice	129314
explaining the tax and stating the rate of the tax, the date it	129315
will take effect, and that persons subject to the tax must	129316
register with the tax commissioner under section 5739.103 of the	129317
Revised Code.	129318

(D) No more than once a year, and subject to the rates	129319
prescribed in division (B) of this section, the legislative	129320
authority of the municipal corporation or township, by ordinance	129321
or resolution, may increase or decrease the rate of a tax levied	129322
under this section. The legislative authority, by ordinance or	129323
resolution, at any time may repeal such a tax. The legislative	129324
authority shall certify to the tax commissioner and treasurer of	129325
state copies of the ordinance or resolution repealing or changing	129326
the rate of the tax within five days after its adoption. In	129327
addition, one time each week during the two weeks following the	129328
adoption of the ordinance or resolution, the legislative authority	129329
shall cause to be published in a newspaper of general circulation	129330
in the municipal corporation or township or as provided in section	129331
7.16 of the Revised Code, notice of the repeal or change.	129332

Sec. 5739.19. The tax commissioner may revoke any retail	129333
vendor's license upon ascertaining that the vendor has no need for	129334
the license because the vendor is not engaged in making taxable	129335
retail sales. Notice of the revocation shall be delivered to the	129336
vendor personally or by certified mail~~, return receipt requested~~	129337
or by an alternative delivery service as authorized under section	129338
5703.37 of the Revised Code. The revocation shall be effective on	129339
the first day of the month following the expiration of fifteen	129340
days after the vendor received the notice of the revocation.	129341

The revocation of the vendor's license shall be stayed if,	129342
within fifteen days after receiving notice of the revocation, the	129343
vendor objects, in writing, to the revocation. The commissioner	129344
shall consider the written objections of the vendor and issue a	129345
final determination on the revocation of the vendor's license. The	129346
commissioner's final determination may be appealed to the board of	129347
tax appeals pursuant to section 5717.02 of the Revised Code. The	129348
revocation shall be effective on the first day of the month	129349
following the expiration of all time limits for appeal.	129350

Sec. 5739.30. (A) No person, including any officer,	129351
employee, or trustee of a corporation or business trust, shall	129352
fail to file any return or report required to be filed by this	129353
chapter, or file or cause to be filed any incomplete, false or	129354
fraudulent return, report, or statement, or aid or abet another in	129355
the filing of any false or fraudulent return, report, or	129356
statement.	129357

(B) If any vendor required to file monthly returns under	129358
section 5739.12 of the Revised Code fails, on two consecutive	129359
months or on three or more months within a twelve-month period, to	129360
file such returns when due or to pay the tax thereon, or if any	129361
vendor authorized by the tax commissioner to file semiannual	129362
returns fails on two or more occasions within a twenty-four month	129363
period, to file such returns when due or to pay the tax due	129364
thereon, the commissioner may do any of the following:	129365

(1) Require the vendor to furnish security in an amount equal	129366
to the average tax liability of the vendor for a period of one	129367
year, as determined by the commissioner from a review of returns	129368
or other information pertaining to the vendor, which amount shall	129369
in no event be less than one thousand dollars. The security may be	129370
in the form of a corporate surety bond, satisfactory to the	129371
commissioner, conditioned upon payment of the tax due with the	129372
returns from the vendor. The security shall be filed within ten	129373
days following the vendor's receipt of the notice from the	129374
commissioner of its requirements.	129375

(2) Suspend the license issued to the vendor pursuant to	129376
section 5739.17 of the Revised Code. The suspension shall be	129377
effective ten days after service of written notice to the vendor	129378
of the commissioner's intention to do so. The notice shall be	129379
served upon the vendor personally or, by certified mail, or by an	129380
alternative delivery service as authorized under section 5703.37	129381
of the Revised Code. On the first day of the suspension, the	129382
commissioner shall cause to be posted, at every public entrance of	129383
the vendor's premises, a notice identifying the vendor and the	129384
location and informing the public that the vendor's license is	129385
under suspension and that no retail sales may be transacted at	129386
that location. No person, other than the commissioner or the	129387
commissioner's agent or employee, shall remove, cover, or deface	129388
the posted notice. No license which has been suspended under this	129389
section shall be reinstated, and no posted notice shall be	129390
removed, until the vendor has filed complete and correct returns	129391
for all periods in which no return had been filed and paid the	129392
full amount of the tax, penalties, and other charges due on those	129393
returns.	129394

A corporate surety bond filed under this section shall be	129395
returned to the vendor if, for a period of twelve consecutive	129396
months following the date the bond was filed, the vendor has filed	129397
all returns and remitted payment with them within the time	129398
prescribed in section 5739.12 of the Revised Code.	129399

Sec. 5747.01. Except as otherwise expressly provided or	129400
clearly appearing from the context, any term used in this chapter	129401
that is not otherwise defined in this section has the same meaning	129402
as when used in a comparable context in the laws of the United	129403
States relating to federal income taxes or if not used in a	129404
comparable context in those laws, has the same meaning as in	129405
section 5733.40 of the Revised Code. Any reference in this chapter	129406
to the Internal Revenue Code includes other laws of the United	129407
States relating to federal income taxes.	129408

As used in this chapter:

129409

(A) "Adjusted gross income" or "Ohio adjusted gross income"	129410
means federal adjusted gross income, as defined and used in the	129411
Internal Revenue Code, adjusted as provided in this section:	129412

(1) Add interest or dividends on obligations or securities of	129413
any state or of any political subdivision or authority of any	129414
state, other than this state and its subdivisions and authorities.	129415

(2) Add interest or dividends on obligations of any	129416
authority, commission, instrumentality, territory, or possession	129417
of the United States to the extent that the interest or dividends	129418
are exempt from federal income taxes but not from state income	129419
taxes.	129420

(3) Deduct interest or dividends on obligations of the United	129421
States and its territories and possessions or of any authority,	129422
commission, or instrumentality of the United States to the extent	129423
that the interest or dividends are included in federal adjusted	129424
gross income but exempt from state income taxes under the laws of	129425
the United States.	129426

(4) Deduct disability and survivor's benefits to the extent	129427
included in federal adjusted gross income.	129428

(5) Deduct benefits under Title II of the Social Security Act	129429
and tier 1 railroad retirement benefits to the extent included in	129430
federal adjusted gross income under section 86 of the Internal	129431
Revenue Code.	129432

(6) In the case of a taxpayer who is a beneficiary of a trust	129433
that makes an accumulation distribution as defined in section 665	129434
of the Internal Revenue Code, add, for the beneficiary's taxable	129435
years beginning before 2002, the portion, if any, of such	129436
distribution that does not exceed the undistributed net income of	129437
the trust for the three taxable years preceding the taxable year	129438
in which the distribution is made to the extent that the portion	129439
was not included in the trust's taxable income for any of the	129440
trust's taxable years beginning in 2002 or thereafter.	129441
"Undistributed net income of a trust" means the taxable income of	129442
the trust increased by (a)(i) the additions to adjusted gross	129443
income required under division (A) of this section and (ii) the	129444
personal exemptions allowed to the trust pursuant to section	129445
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	129446
deductions to adjusted gross income required under division (A) of	129447
this section, (ii) the amount of federal income taxes attributable	129448
to such income, and (iii) the amount of taxable income that has	129449
been included in the adjusted gross income of a beneficiary by	129450
reason of a prior accumulation distribution. Any undistributed net	129451
income included in the adjusted gross income of a beneficiary	129452
shall reduce the undistributed net income of the trust commencing	129453
with the earliest years of the accumulation period.	129454

(7) Deduct the amount of wages and salaries, if any, not	129455
otherwise allowable as a deduction but that would have been	129456
allowable as a deduction in computing federal adjusted gross	129457
income for the taxable year, had the targeted jobs credit allowed	129458
and determined under sections 38, 51, and 52 of the Internal	129459
Revenue Code not been in effect.	129460

(8) Deduct any interest or interest equivalent on public	129461
obligations and purchase obligations to the extent that the	129462
interest or interest equivalent is included in federal adjusted	129463
gross income.	129464

(9) Add any loss or deduct any gain resulting from the sale,	129465
exchange, or other disposition of public obligations to the extent	129466
that the loss has been deducted or the gain has been included in	129467
computing federal adjusted gross income.	129468

(10) Deduct or add amounts, as provided under section 5747.70	129469
of the Revised Code, related to contributions to variable college	129470
savings program accounts made or tuition units purchased pursuant	129471
to Chapter 3334. of the Revised Code.	129472

(11)(a) Deduct, to the extent not otherwise allowable as a	129473
deduction or exclusion in computing federal or Ohio adjusted gross	129474
income for the taxable year, the amount the taxpayer paid during	129475
the taxable year for medical care insurance and qualified	129476
long-term care insurance for the taxpayer, the taxpayer's spouse,	129477
and dependents. No deduction for medical care insurance under	129478
division (A)(11) of this section shall be allowed either to any	129479
taxpayer who is eligible to participate in any subsidized health	129480
plan maintained by any employer of the taxpayer or of the	129481
taxpayer's spouse, or to any taxpayer who is entitled to, or on	129482
application would be entitled to, benefits under part A of Title	129483
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	129484
301, as amended. For the purposes of division (A)(11)(a) of this	129485
section, "subsidized health plan" means a health plan for which	129486
the employer pays any portion of the plan's cost. The deduction	129487
allowed under division (A)(11)(a) of this section shall be the net	129488
of any related premium refunds, related premium reimbursements, or	129489
related insurance premium dividends received during the taxable	129490
year.	129491

(b) Deduct, to the extent not otherwise deducted or excluded	129492
in computing federal or Ohio adjusted gross income during the	129493
taxable year, the amount the taxpayer paid during the taxable	129494
year, not compensated for by any insurance or otherwise, for	129495
medical care of the taxpayer, the taxpayer's spouse, and	129496
dependents, to the extent the expenses exceed seven and one-half	129497
per cent of the taxpayer's federal adjusted gross income.	129498

(c) Deduct, to the extent not otherwise deducted or excluded	129499
in computing federal or Ohio adjusted gross income, any amount	129500
included in federal adjusted gross income under section 105 or not	129501
excluded under section 106 of the Internal Revenue Code solely	129502
because it relates to an accident and health plan for a person who	129503
otherwise would be a "qualifying relative" and thus a "dependent"	129504
under section 152 of the Internal Revenue Code but for the fact	129505
that the person fails to meet the income and support limitations	129506
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	129507

(d) For purposes of division (A)(11) of this section,	129508
"medical care" has the meaning given in section 213 of the	129509
Internal Revenue Code, subject to the special rules, limitations,	129510
and exclusions set forth therein, and "qualified long-term care"	129511
has the same meaning given in section 7702B(c) of the Internal	129512
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	129513
of this section, "dependent" includes a person who otherwise would	129514
be a "qualifying relative" and thus a "dependent" under section	129515
152 of the Internal Revenue Code but for the fact that the person	129516
fails to meet the income and support limitations under section	129517
152(d)(1)(B) and (C) of the Internal Revenue Code.	129518

(12)(a) Deduct any amount included in federal adjusted gross	129519
income solely because the amount represents a reimbursement or	129520
refund of expenses that in any year the taxpayer had deducted as	129521
an itemized deduction pursuant to section 63 of the Internal	129522
Revenue Code and applicable United States department of the	129523
treasury regulations. The deduction otherwise allowed under	129524
division (A)(12)(a) of this section shall be reduced to the extent	129525
the reimbursement is attributable to an amount the taxpayer	129526
deducted under this section in any taxable year.	129527

(b) Add any amount not otherwise included in Ohio adjusted	129528
gross income for any taxable year to the extent that the amount is	129529
attributable to the recovery during the taxable year of any amount	129530
deducted or excluded in computing federal or Ohio adjusted gross	129531
income in any taxable year.	129532

(13) Deduct any portion of the deduction described in section	129533
1341(a)(2) of the Internal Revenue Code, for repaying previously	129534
reported income received under a claim of right, that meets both	129535
of the following requirements:	129536

(a) It is allowable for repayment of an item that was	129537
included in the taxpayer's adjusted gross income for a prior	129538
taxable year and did not qualify for a credit under division (A)	129539
or (B) of section 5747.05 of the Revised Code for that year;	129540

(b) It does not otherwise reduce the taxpayer's adjusted	129541
gross income for the current or any other taxable year.	129542

(14) Deduct an amount equal to the deposits made to, and net	129543
investment earnings of, a medical savings account during the	129544
taxable year, in accordance with section 3924.66 of the Revised	129545
Code. The deduction allowed by division (A)(14) of this section	129546
does not apply to medical savings account deposits and earnings	129547
otherwise deducted or excluded for the current or any other	129548
taxable year from the taxpayer's federal adjusted gross income.	129549

(15)(a) Add an amount equal to the funds withdrawn from a	129550
medical savings account during the taxable year, and the net	129551
investment earnings on those funds, when the funds withdrawn were	129552
used for any purpose other than to reimburse an account holder	129553
for, or to pay, eligible medical expenses, in accordance with	129554
section 3924.66 of the Revised Code;	129555

(b) Add the amounts distributed from a medical savings	129556
account under division (A)(2) of section 3924.68 of the Revised	129557
Code during the taxable year.	129558

(16) Add any amount claimed as a credit under section	129559
5747.059 of the Revised Code to the extent that such amount	129560
satisfies either of the following:	129561

(a) The amount was deducted or excluded from the computation	129562
of the taxpayer's federal adjusted gross income as required to be	129563
reported for the taxpayer's taxable year under the Internal	129564
Revenue Code;	129565

(b) The amount resulted in a reduction of the taxpayer's	129566
federal adjusted gross income as required to be reported for any	129567
of the taxpayer's taxable years under the Internal Revenue Code.	129568

(17) Deduct the amount contributed by the taxpayer to an	129569
individual development account program established by a county	129570
department of job and family services pursuant to sections 329.11	129571
to 329.14 of the Revised Code for the purpose of matching funds	129572
deposited by program participants. On request of the tax	129573
commissioner, the taxpayer shall provide any information that, in	129574
the tax commissioner's opinion, is necessary to establish the	129575
amount deducted under division (A)(17) of this section.	129576

(18) Beginning in taxable year 2001 but not for any taxable	129577
year beginning after December 31, 2005, if the taxpayer is married	129578
and files a joint return and the combined federal adjusted gross	129579
income of the taxpayer and the taxpayer's spouse for the taxable	129580
year does not exceed one hundred thousand dollars, or if the	129581
taxpayer is single and has a federal adjusted gross income for the	129582
taxable year not exceeding fifty thousand dollars, deduct amounts	129583
paid during the taxable year for qualified tuition and fees paid	129584
to an eligible institution for the taxpayer, the taxpayer's	129585
spouse, or any dependent of the taxpayer, who is a resident of	129586
this state and is enrolled in or attending a program that	129587
culminates in a degree or diploma at an eligible institution. The	129588
deduction may be claimed only to the extent that qualified tuition	129589
and fees are not otherwise deducted or excluded for any taxable	129590
year from federal or Ohio adjusted gross income. The deduction may	129591
not be claimed for educational expenses for which the taxpayer	129592
claims a credit under section 5747.27 of the Revised Code.	129593

(19) Add any reimbursement received during the taxable year	129594
of any amount the taxpayer deducted under division (A)(18) of this	129595
section in any previous taxable year to the extent the amount is	129596
not otherwise included in Ohio adjusted gross income.	129597

(20)(a)(i) Add five-sixths of the amount of depreciation	129598
expense allowed by subsection (k) of section 168 of the Internal	129599
Revenue Code, including the taxpayer's proportionate or	129600
distributive share of the amount of depreciation expense allowed	129601
by that subsection to a pass-through entity in which the taxpayer	129602
has a direct or indirect ownership interest.	129603

(ii) Add five-sixths of the amount of qualifying section 179	129604
depreciation expense, including a person's proportionate or	129605
distributive share of the amount of qualifying section 179	129606
depreciation expense allowed to any pass-through entity in which	129607
the person has a direct or indirect ownership. For the purposes of	129608
this division, "qualifying section 179 depreciation expense" means	129609
the difference between (I) the amount of depreciation expense	129610
directly or indirectly allowed to the taxpayer under section 179	129611
of the Internal Revenue Code, and (II) the amount of depreciation	129612
expense directly or indirectly allowed to the taxpayer under	129613
section 179 of the Internal Revenue Code as that section existed	129614
on December 31, 2002.	129615

The tax commissioner, under procedures established by the	129616
commissioner, may waive the add-backs related to a pass-through	129617
entity if the taxpayer owns, directly or indirectly, less than	129618
five per cent of the pass-through entity.	129619

(b) Nothing in division (A)(20) of this section shall be	129620
construed to adjust or modify the adjusted basis of any asset.	129621

(c) To the extent the add-back required under division	129622
(A)(20)(a) of this section is attributable to property generating	129623
nonbusiness income or loss allocated under section 5747.20 of the	129624
Revised Code, the add-back shall be sitused to the same location	129625
as the nonbusiness income or loss generated by the property for	129626
the purpose of determining the credit under division (A) of	129627
section 5747.05 of the Revised Code. Otherwise, the add-back shall	129628
be apportioned, subject to one or more of the four alternative	129629
methods of apportionment enumerated in section 5747.21 of the	129630
Revised Code.	129631

(d) For the purposes of division (A) of this section, net	129632
operating loss carryback and carryforward shall not include	129633
five-sixths of the allowance of any net operating loss deduction	129634
carryback or carryforward to the taxable year to the extent such	129635
loss resulted from depreciation allowed by section 168(k) of the	129636
Internal Revenue Code and by the qualifying section 179	129637
depreciation expense amount.	129638

(21)(a) If the taxpayer was required to add an amount under	129639
division (A)(20)(a) of this section for a taxable year, deduct	129640
one-fifth of the amount so added for each of the five succeeding	129641
taxable years.	129642

(b) If the amount deducted under division (A)(21)(a) of this	129643
section is attributable to an add-back allocated under division	129644
(A)(20)(c) of this section, the amount deducted shall be sitused	129645
to the same location. Otherwise, the add-back shall be apportioned	129646
using the apportionment factors for the taxable year in which the	129647
deduction is taken, subject to one or more of the four alternative	129648
methods of apportionment enumerated in section 5747.21 of the	129649
Revised Code.	129650

(c) No deduction is available under division (A)(21)(a) of	129651
this section with regard to any depreciation allowed by section	129652
168(k) of the Internal Revenue Code and by the qualifying section	129653
179 depreciation expense amount to the extent that such	129654
depreciation resulted in or increased a federal net operating loss	129655
carryback or carryforward to a taxable year to which division	129656
(A)(20)(d) of this section does not apply.	129657

(22) Deduct, to the extent not otherwise deducted or excluded	129658
in computing federal or Ohio adjusted gross income for the taxable	129659
year, the amount the taxpayer received during the taxable year as	129660
reimbursement for life insurance premiums under section 5919.31 of	129661
the Revised Code.	129662

(23) Deduct, to the extent not otherwise deducted or excluded	129663
in computing federal or Ohio adjusted gross income for the taxable	129664
year, the amount the taxpayer received during the taxable year as	129665
a death benefit paid by the adjutant general under section 5919.33	129666
of the Revised Code.	129667

(24) Deduct, to the extent included in federal adjusted gross	129668
income and not otherwise allowable as a deduction or exclusion in	129669
computing federal or Ohio adjusted gross income for the taxable	129670
year, military pay and allowances received by the taxpayer during	129671
the taxable year for active duty service in the United States	129672
army, air force, navy, marine corps, or coast guard or reserve	129673
components thereof or the national guard. The deduction may not be	129674
claimed for military pay and allowances received by the taxpayer	129675
while the taxpayer is stationed in this state.	129676

(25) Deduct, to the extent not otherwise allowable as a	129677
deduction or exclusion in computing federal or Ohio adjusted gross	129678
income for the taxable year and not otherwise compensated for by	129679
any other source, the amount of qualified organ donation expenses	129680
incurred by the taxpayer during the taxable year, not to exceed	129681
ten thousand dollars. A taxpayer may deduct qualified organ	129682
donation expenses only once for all taxable years beginning with	129683
taxable years beginning in 2007.	129684

For the purposes of division (A)(25) of this section:

129685

(a) "Human organ" means all or any portion of a human liver,	129686
pancreas, kidney, intestine, or lung, and any portion of human	129687
bone marrow.	129688

(b) "Qualified organ donation expenses" means travel	129689
expenses, lodging expenses, and wages and salary forgone by a	129690
taxpayer in connection with the taxpayer's donation, while living,	129691
of one or more of the taxpayer's human organs to another human	129692
being.	129693

(26) Deduct, to the extent not otherwise deducted or excluded	129694
in computing federal or Ohio adjusted gross income for the taxable	129695
year, amounts received by the taxpayer as retired military	129696
personnel pay for service in the United States army, navy, air	129697
force, coast guard, or marine corps or reserve components thereof,	129698
or the national guard, or received by the surviving spouse or	129699
former spouse of such a taxpayer under the survivor benefit plan	129700
on account of such a taxpayer's death. If the taxpayer receives	129701
income on account of retirement paid under the federal civil	129702
service retirement system or federal employees retirement system,	129703
or under any successor retirement program enacted by the congress	129704
of the United States that is established and maintained for	129705
retired employees of the United States government, and such	129706
retirement income is based, in whole or in part, on credit for the	129707
taxpayer's military service, the deduction allowed under this	129708
division shall include only that portion of such retirement income	129709
that is attributable to the taxpayer's military service, to the	129710
extent that portion of such retirement income is otherwise	129711
included in federal adjusted gross income and is not otherwise	129712
deducted under this section. Any amount deducted under division	129713
(A)(26) of this section is not included in a taxpayer's adjusted	129714
gross income for the purposes of section 5747.055 of the Revised	129715
Code. No amount may be deducted under division (A)(26) of this	129716
section on the basis of which a credit was claimed under section	129717
5747.055 of the Revised Code.	129718

(27) Deduct, to the extent not otherwise deducted or excluded	129719
in computing federal or Ohio adjusted gross income for the taxable	129720
year, the amount the taxpayer received during the taxable year	129721
from the military injury relief fund created in section 5101.98 of	129722
the Revised Code.	129723

(28) Deduct, to the extent not otherwise deducted or excluded	129724
in computing federal or Ohio adjusted gross income for the taxable	129725
year, the amount the taxpayer received as a veterans bonus during	129726
the taxable year from the Ohio department of veterans services as	129727
authorized by Section 2r of Article VIII, Ohio Constitution.	129728

(29) Deduct, to the extent not otherwise deducted or excluded	129729
in computing federal or Ohio adjusted gross income for the taxable	129730
year, any loss from wagering transactions that is allowed as an	129731
itemized deduction under section 165 of the Internal Revenue Code	129732
and that the taxpayer deducted in computing federal taxable	129733
income.	129734

(30) Deduct, to the extent not otherwise deducted or excluded	129735
in computing federal or Ohio adjusted gross income for the taxable	129736
year, any income derived from providing public services under a	129737
contract through a project owned by the state, as described in	129738
section 126.604 of the Revised Code or derived from a transfer	129739
agreement or from the enterprise transferred under that agreement	129740
under section 4313.02 of the Revised Code.	129741

(B) "Business income" means income, including gain or loss,	129742
arising from transactions, activities, and sources in the regular	129743
course of a trade or business and includes income, gain, or loss	129744
from real property, tangible property, and intangible property if	129745
the acquisition, rental, management, and disposition of the	129746
property constitute integral parts of the regular course of a	129747
trade or business operation. "Business income" includes income,	129748
including gain or loss, from a partial or complete liquidation of	129749
a business, including, but not limited to, gain or loss from the	129750
sale or other disposition of goodwill.	129751

(C) "Nonbusiness income" means all income other than business	129752
income and may include, but is not limited to, compensation, rents	129753
and royalties from real or tangible personal property, capital	129754
gains, interest, dividends and distributions, patent or copyright	129755
royalties, or lottery winnings, prizes, and awards.	129756

(D) "Compensation" means any form of remuneration paid to an	129757
employee for personal services.	129758

(E) "Fiduciary" means a guardian, trustee, executor,	129759
administrator, receiver, conservator, or any other person acting	129760
in any fiduciary capacity for any individual, trust, or estate.	129761

(F) "Fiscal year" means an accounting period of twelve months	129762
ending on the last day of any month other than December.	129763

(G) "Individual" means any natural person.

129764

(H) "Internal Revenue Code" means the "Internal Revenue Code	129765
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	129766

(I) "Resident" means any of the following, provided that	129767
division (I)(3) of this section applies only to taxable years of a	129768
trust beginning in 2002 or thereafter:	129769

(1) An individual who is domiciled in this state, subject to	129770
section 5747.24 of the Revised Code;	129771

(2) The estate of a decedent who at the time of death was	129772
domiciled in this state. The domicile tests of section 5747.24 of	129773
the Revised Code are not controlling for purposes of division	129774
(I)(2) of this section.	129775

(3) A trust that, in whole or part, resides in this state. If	129776
only part of a trust resides in this state, the trust is a	129777
resident only with respect to that part.	129778

For the purposes of division (I)(3) of this section:

129779

(a) A trust resides in this state for the trust's current	129780
taxable year to the extent, as described in division (I)(3)(d) of	129781
this section, that the trust consists directly or indirectly, in	129782
whole or in part, of assets, net of any related liabilities, that	129783
were transferred, or caused to be transferred, directly or	129784
indirectly, to the trust by any of the following:	129785

(i) A person, a court, or a governmental entity or	129786
instrumentality on account of the death of a decedent, but only if	129787
the trust is described in division (I)(3)(e)(i) or (ii) of this	129788
section;	129789

(ii) A person who was domiciled in this state for the	129790
purposes of this chapter when the person directly or indirectly	129791
transferred assets to an irrevocable trust, but only if at least	129792
one of the trust's qualifying beneficiaries is domiciled in this	129793
state for the purposes of this chapter during all or some portion	129794
of the trust's current taxable year;	129795

(iii) A person who was domiciled in this state for the	129796
purposes of this chapter when the trust document or instrument or	129797
part of the trust document or instrument became irrevocable, but	129798
only if at least one of the trust's qualifying beneficiaries is a	129799
resident domiciled in this state for the purposes of this chapter	129800
during all or some portion of the trust's current taxable year. If	129801
a trust document or instrument became irrevocable upon the death	129802
of a person who at the time of death was domiciled in this state	129803
for purposes of this chapter, that person is a person described in	129804
division (I)(3)(a)(iii) of this section.	129805

(b) A trust is irrevocable to the extent that the transferor	129806
is not considered to be the owner of the net assets of the trust	129807
under sections 671 to 678 of the Internal Revenue Code.	129808

(c) With respect to a trust other than a charitable lead	129809
trust, "qualifying beneficiary" has the same meaning as "potential	129810
current beneficiary" as defined in section 1361(e)(2) of the	129811
Internal Revenue Code, and with respect to a charitable lead trust	129812
"qualifying beneficiary" is any current, future, or contingent	129813
beneficiary, but with respect to any trust "qualifying	129814
beneficiary" excludes a person or a governmental entity or	129815
instrumentality to any of which a contribution would qualify for	129816
the charitable deduction under section 170 of the Internal Revenue	129817
Code.	129818

(d) For the purposes of division (I)(3)(a) of this section,	129819
the extent to which a trust consists directly or indirectly, in	129820
whole or in part, of assets, net of any related liabilities, that	129821
were transferred directly or indirectly, in whole or part, to the	129822
trust by any of the sources enumerated in that division shall be	129823
ascertained by multiplying the fair market value of the trust's	129824
assets, net of related liabilities, by the qualifying ratio, which	129825
shall be computed as follows:	129826

(i) The first time the trust receives assets, the numerator	129827
of the qualifying ratio is the fair market value of those assets	129828
at that time, net of any related liabilities, from sources	129829
enumerated in division (I)(3)(a) of this section. The denominator	129830
of the qualifying ratio is the fair market value of all the	129831
trust's assets at that time, net of any related liabilities.	129832

(ii) Each subsequent time the trust receives assets, a	129833
revised qualifying ratio shall be computed. The numerator of the	129834
revised qualifying ratio is the sum of (1) the fair market value	129835
of the trust's assets immediately prior to the subsequent	129836
transfer, net of any related liabilities, multiplied by the	129837
qualifying ratio last computed without regard to the subsequent	129838
transfer, and (2) the fair market value of the subsequently	129839
transferred assets at the time transferred, net of any related	129840
liabilities, from sources enumerated in division (I)(3)(a) of this	129841
section. The denominator of the revised qualifying ratio is the	129842
fair market value of all the trust's assets immediately after the	129843
subsequent transfer, net of any related liabilities.	129844

(iii) Whether a transfer to the trust is by or from any of	129845
the sources enumerated in division (I)(3)(a) of this section shall	129846
be ascertained without regard to the domicile of the trust's	129847
beneficiaries.	129848

(e) For the purposes of division (I)(3)(a)(i) of this	129849
section:	129850

(i) A trust is described in division (I)(3)(e)(i) of this	129851
section if the trust is a testamentary trust and the testator of	129852
that testamentary trust was domiciled in this state at the time of	129853
the testator's death for purposes of the taxes levied under	129854
Chapter 5731. of the Revised Code.	129855

(ii) A trust is described in division (I)(3)(e)(ii) of this	129856
section if the transfer is a qualifying transfer described in any	129857
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	129858
irrevocable inter vivos trust, and at least one of the trust's	129859
qualifying beneficiaries is domiciled in this state for purposes	129860
of this chapter during all or some portion of the trust's current	129861
taxable year.	129862

(f) For the purposes of division (I)(3)(e)(ii) of this	129863
section, a "qualifying transfer" is a transfer of assets, net of	129864
any related liabilities, directly or indirectly to a trust, if the	129865
transfer is described in any of the following:	129866

(i) The transfer is made to a trust, created by the decedent	129867
before the decedent's death and while the decedent was domiciled	129868
in this state for the purposes of this chapter, and, prior to the	129869
death of the decedent, the trust became irrevocable while the	129870
decedent was domiciled in this state for the purposes of this	129871
chapter.	129872

(ii) The transfer is made to a trust to which the decedent,	129873
prior to the decedent's death, had directly or indirectly	129874
transferred assets, net of any related liabilities, while the	129875
decedent was domiciled in this state for the purposes of this	129876
chapter, and prior to the death of the decedent the trust became	129877
irrevocable while the decedent was domiciled in this state for the	129878
purposes of this chapter.	129879

(iii) The transfer is made on account of a contractual	129880
relationship existing directly or indirectly between the	129881
transferor and either the decedent or the estate of the decedent	129882
at any time prior to the date of the decedent's death, and the	129883
decedent was domiciled in this state at the time of death for	129884
purposes of the taxes levied under Chapter 5731. of the Revised	129885
Code.	129886

(iv) The transfer is made to a trust on account of a	129887
contractual relationship existing directly or indirectly between	129888
the transferor and another person who at the time of the	129889
decedent's death was domiciled in this state for purposes of this	129890
chapter.	129891

(v) The transfer is made to a trust on account of the will of	129892
a testator who was domiciled in this state at the time of the	129893
testator's death for purposes of the taxes levied under Chapter	129894
5731. of the Revised Code.	129895

(vi) The transfer is made to a trust created by or caused to	129896
be created by a court, and the trust was directly or indirectly	129897
created in connection with or as a result of the death of an	129898
individual who, for purposes of the taxes levied under Chapter	129899
5731. of the Revised Code, was domiciled in this state at the time	129900
of the individual's death.	129901

(g) The tax commissioner may adopt rules to ascertain the	129902
part of a trust residing in this state.	129903

(J) "Nonresident" means an individual or estate that is not a	129904
resident. An individual who is a resident for only part of a	129905
taxable year is a nonresident for the remainder of that taxable	129906
year.	129907

(K) "Pass-through entity" has the same meaning as in section	129908
5733.04 of the Revised Code.	129909

(L) "Return" means the notifications and reports required to	129910
be filed pursuant to this chapter for the purpose of reporting the	129911
tax due and includes declarations of estimated tax when so	129912
required.	129913

(M) "Taxable year" means the calendar year or the taxpayer's	129914
fiscal year ending during the calendar year, or fractional part	129915
thereof, upon which the adjusted gross income is calculated	129916
pursuant to this chapter.	129917

(N) "Taxpayer" means any person subject to the tax imposed by	129918
section 5747.02 of the Revised Code or any pass-through entity	129919
that makes the election under division (D) of section 5747.08 of	129920
the Revised Code.	129921

(O) "Dependents" means dependents as defined in the Internal	129922
Revenue Code and as claimed in the taxpayer's federal income tax	129923
return for the taxable year or which the taxpayer would have been	129924
permitted to claim had the taxpayer filed a federal income tax	129925
return.	129926

(P) "Principal county of employment" means, in the case of a	129927
nonresident, the county within the state in which a taxpayer	129928
performs services for an employer or, if those services are	129929
performed in more than one county, the county in which the major	129930
portion of the services are performed.	129931

(Q) As used in sections 5747.50 to 5747.55 of the Revised	129932
Code:	129933

(1) "Subdivision" means any county, municipal corporation,	129934
park district, or township.	129935

(2) "Essential local government purposes" includes all	129936
functions that any subdivision is required by general law to	129937
exercise, including like functions that are exercised under a	129938
charter adopted pursuant to the Ohio Constitution.	129939

(R) "Overpayment" means any amount already paid that exceeds	129940
the figure determined to be the correct amount of the tax.	129941

(S) "Taxable income" or "Ohio taxable income" applies only to	129942
estates and trusts, and means federal taxable income, as defined	129943
and used in the Internal Revenue Code, adjusted as follows:	129944

(1) Add interest or dividends, net of ordinary, necessary,	129945
and reasonable expenses not deducted in computing federal taxable	129946
income, on obligations or securities of any state or of any	129947
political subdivision or authority of any state, other than this	129948
state and its subdivisions and authorities, but only to the extent	129949
that such net amount is not otherwise includible in Ohio taxable	129950
income and is described in either division (S)(1)(a) or (b) of	129951
this section:	129952

(a) The net amount is not attributable to the S portion of an	129953
electing small business trust and has not been distributed to	129954
beneficiaries for the taxable year;	129955

(b) The net amount is attributable to the S portion of an	129956
electing small business trust for the taxable year.	129957

(2) Add interest or dividends, net of ordinary, necessary,	129958
and reasonable expenses not deducted in computing federal taxable	129959
income, on obligations of any authority, commission,	129960
instrumentality, territory, or possession of the United States to	129961
the extent that the interest or dividends are exempt from federal	129962
income taxes but not from state income taxes, but only to the	129963
extent that such net amount is not otherwise includible in Ohio	129964
taxable income and is described in either division (S)(1)(a) or	129965
(b) of this section;	129966

(3) Add the amount of personal exemption allowed to the	129967
estate pursuant to section 642(b) of the Internal Revenue Code;	129968

(4) Deduct interest or dividends, net of related expenses	129969
deducted in computing federal taxable income, on obligations of	129970
the United States and its territories and possessions or of any	129971
authority, commission, or instrumentality of the United States to	129972
the extent that the interest or dividends are exempt from state	129973
taxes under the laws of the United States, but only to the extent	129974
that such amount is included in federal taxable income and is	129975
described in either division (S)(1)(a) or (b) of this section;	129976

(5) Deduct the amount of wages and salaries, if any, not	129977
otherwise allowable as a deduction but that would have been	129978
allowable as a deduction in computing federal taxable income for	129979
the taxable year, had the targeted jobs credit allowed under	129980
sections 38, 51, and 52 of the Internal Revenue Code not been in	129981
effect, but only to the extent such amount relates either to	129982
income included in federal taxable income for the taxable year or	129983
to income of the S portion of an electing small business trust for	129984
the taxable year;	129985

(6) Deduct any interest or interest equivalent, net of	129986
related expenses deducted in computing federal taxable income, on	129987
public obligations and purchase obligations, but only to the	129988
extent that such net amount relates either to income included in	129989
federal taxable income for the taxable year or to income of the S	129990
portion of an electing small business trust for the taxable year;	129991

(7) Add any loss or deduct any gain resulting from sale,	129992
exchange, or other disposition of public obligations to the extent	129993
that such loss has been deducted or such gain has been included in	129994
computing either federal taxable income or income of the S portion	129995
of an electing small business trust for the taxable year;	129996

(8) Except in the case of the final return of an estate, add	129997
any amount deducted by the taxpayer on both its Ohio estate tax	129998
return pursuant to section 5731.14 of the Revised Code, and on its	129999
federal income tax return in determining federal taxable income;	130000

(9)(a) Deduct any amount included in federal taxable income	130001
solely because the amount represents a reimbursement or refund of	130002
expenses that in a previous year the decedent had deducted as an	130003
itemized deduction pursuant to section 63 of the Internal Revenue	130004
Code and applicable treasury regulations. The deduction otherwise	130005
allowed under division (S)(9)(a) of this section shall be reduced	130006
to the extent the reimbursement is attributable to an amount the	130007
taxpayer or decedent deducted under this section in any taxable	130008
year.	130009

(b) Add any amount not otherwise included in Ohio taxable	130010
income for any taxable year to the extent that the amount is	130011
attributable to the recovery during the taxable year of any amount	130012
deducted or excluded in computing federal or Ohio taxable income	130013
in any taxable year, but only to the extent such amount has not	130014
been distributed to beneficiaries for the taxable year.	130015

(10) Deduct any portion of the deduction described in section	130016
1341(a)(2) of the Internal Revenue Code, for repaying previously	130017
reported income received under a claim of right, that meets both	130018
of the following requirements:	130019

(a) It is allowable for repayment of an item that was	130020
included in the taxpayer's taxable income or the decedent's	130021
adjusted gross income for a prior taxable year and did not qualify	130022
for a credit under division (A) or (B) of section 5747.05 of the	130023
Revised Code for that year.	130024

(b) It does not otherwise reduce the taxpayer's taxable	130025
income or the decedent's adjusted gross income for the current or	130026
any other taxable year.	130027

(11) Add any amount claimed as a credit under section	130028
5747.059 of the Revised Code to the extent that the amount	130029
satisfies either of the following:	130030

(a) The amount was deducted or excluded from the computation	130031
of the taxpayer's federal taxable income as required to be	130032
reported for the taxpayer's taxable year under the Internal	130033
Revenue Code;	130034

(b) The amount resulted in a reduction in the taxpayer's	130035
federal taxable income as required to be reported for any of the	130036
taxpayer's taxable years under the Internal Revenue Code.	130037

(12) Deduct any amount, net of related expenses deducted in	130038
computing federal taxable income, that a trust is required to	130039
report as farm income on its federal income tax return, but only	130040
if the assets of the trust include at least ten acres of land	130041
satisfying the definition of "land devoted exclusively to	130042
agricultural use" under section 5713.30 of the Revised Code,	130043
regardless of whether the land is valued for tax purposes as such	130044
land under sections 5713.30 to 5713.38 of the Revised Code. If the	130045
trust is a pass-through entity investor, section 5747.231 of the	130046
Revised Code applies in ascertaining if the trust is eligible to	130047
claim the deduction provided by division (S)(12) of this section	130048
in connection with the pass-through entity's farm income.	130049

Except for farm income attributable to the S portion of an	130050
electing small business trust, the deduction provided by division	130051
(S)(12) of this section is allowed only to the extent that the	130052
trust has not distributed such farm income. Division (S)(12) of	130053
this section applies only to taxable years of a trust beginning in	130054
2002 or thereafter.	130055

(13) Add the net amount of income described in section 641(c)	130056
of the Internal Revenue Code to the extent that amount is not	130057
included in federal taxable income.	130058

(14) Add or deduct the amount the taxpayer would be required	130059
to add or deduct under division (A)(20) or (21) of this section if	130060
the taxpayer's Ohio taxable income were computed in the same	130061
manner as an individual's Ohio adjusted gross income is computed	130062
under this section. In the case of a trust, division (S)(14) of	130063
this section applies only to any of the trust's taxable years	130064
beginning in 2002 or thereafter.	130065

(T) "School district income" and "school district income tax"	130066
have the same meanings as in section 5748.01 of the Revised Code.	130067

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	130068
of this section, "public obligations," "purchase obligations," and	130069
"interest or interest equivalent" have the same meanings as in	130070
section 5709.76 of the Revised Code.	130071

(V) "Limited liability company" means any limited liability	130072
company formed under Chapter 1705. of the Revised Code or under	130073
the laws of any other state.	130074

(W) "Pass-through entity investor" means any person who,	130075
during any portion of a taxable year of a pass-through entity, is	130076
a partner, member, shareholder, or equity investor in that	130077
pass-through entity.	130078

(X) "Banking day" has the same meaning as in section 1304.01	130079
of the Revised Code.	130080

(Y) "Month" means a calendar month.

130081

(Z) "Quarter" means the first three months, the second three	130082
months, the third three months, or the last three months of the	130083
taxpayer's taxable year.	130084

(AA)(1) "Eligible institution" means a state university or	130085
state institution of higher education as defined in section	130086
3345.011 of the Revised Code, or a private, nonprofit college,	130087
university, or other post-secondary institution located in this	130088
state that possesses a certificate of authorization issued by the	130089
Ohio board of regents pursuant to Chapter 1713. of the Revised	130090
Code or a certificate of registration issued by the state board of	130091
career colleges and schools under Chapter 3332. of the Revised	130092
Code.	130093

(2) "Qualified tuition and fees" means tuition and fees	130094
imposed by an eligible institution as a condition of enrollment or	130095
attendance, not exceeding two thousand five hundred dollars in	130096
each of the individual's first two years of post-secondary	130097
education. If the individual is a part-time student, "qualified	130098
tuition and fees" includes tuition and fees paid for the academic	130099
equivalent of the first two years of post-secondary education	130100
during a maximum of five taxable years, not exceeding a total of	130101
five thousand dollars. "Qualified tuition and fees" does not	130102
include:	130103

(a) Expenses for any course or activity involving sports,	130104
games, or hobbies unless the course or activity is part of the	130105
individual's degree or diploma program;	130106

(b) The cost of books, room and board, student activity fees,	130107
athletic fees, insurance expenses, or other expenses unrelated to	130108
the individual's academic course of instruction;	130109

(c) Tuition, fees, or other expenses paid or reimbursed	130110
through an employer, scholarship, grant in aid, or other	130111
educational benefit program.	130112

(BB)(1) "Modified business income" means the business income	130113
included in a trust's Ohio taxable income after such taxable	130114
income is first reduced by the qualifying trust amount, if any.	130115

(2) "Qualifying trust amount" of a trust means capital gains	130116
and losses from the sale, exchange, or other disposition of equity	130117
or ownership interests in, or debt obligations of, a qualifying	130118
investee to the extent included in the trust's Ohio taxable	130119
income, but only if the following requirements are satisfied:	130120

(a) The book value of the qualifying investee's physical	130121
assets in this state and everywhere, as of the last day of the	130122
qualifying investee's fiscal or calendar year ending immediately	130123
prior to the date on which the trust recognizes the gain or loss,	130124
is available to the trust.	130125

(b) The requirements of section 5747.011 of the Revised Code	130126
are satisfied for the trust's taxable year in which the trust	130127
recognizes the gain or loss.	130128

Any gain or loss that is not a qualifying trust amount is	130129
modified business income, qualifying investment income, or	130130
modified nonbusiness income, as the case may be.	130131

(3) "Modified nonbusiness income" means a trust's Ohio	130132
taxable income other than modified business income, other than the	130133
qualifying trust amount, and other than qualifying investment	130134
income, as defined in section 5747.012 of the Revised Code, to the	130135
extent such qualifying investment income is not otherwise part of	130136
modified business income.	130137

(4) "Modified Ohio taxable income" applies only to trusts,	130138
and means the sum of the amounts described in divisions (BB)(4)(a)	130139
to (c) of this section:	130140

(a) The fraction, calculated under section 5747.013, and	130141
applying section 5747.231 of the Revised Code, multiplied by the	130142
sum of the following amounts:	130143

(i) The trust's modified business income;

130144

(ii) The trust's qualifying investment income, as defined in	130145
section 5747.012 of the Revised Code, but only to the extent the	130146
qualifying investment income does not otherwise constitute	130147
modified business income and does not otherwise constitute a	130148
qualifying trust amount.	130149

(b) The qualifying trust amount multiplied by a fraction, the	130150
numerator of which is the sum of the book value of the qualifying	130151
investee's physical assets in this state on the last day of the	130152
qualifying investee's fiscal or calendar year ending immediately	130153
prior to the day on which the trust recognizes the qualifying	130154
trust amount, and the denominator of which is the sum of the book	130155
value of the qualifying investee's total physical assets	130156
everywhere on the last day of the qualifying investee's fiscal or	130157
calendar year ending immediately prior to the day on which the	130158
trust recognizes the qualifying trust amount. If, for a taxable	130159
year, the trust recognizes a qualifying trust amount with respect	130160
to more than one qualifying investee, the amount described in	130161
division (BB)(4)(b) of this section shall equal the sum of the	130162
products so computed for each such qualifying investee.	130163

(c)(i) With respect to a trust or portion of a trust that is	130164
a resident as ascertained in accordance with division (I)(3)(d) of	130165
this section, its modified nonbusiness income.	130166

(ii) With respect to a trust or portion of a trust that is	130167
not a resident as ascertained in accordance with division	130168
(I)(3)(d) of this section, the amount of its modified nonbusiness	130169
income satisfying the descriptions in divisions (B)(2) to (5) of	130170
section 5747.20 of the Revised Code, except as otherwise provided	130171
in division (BB)(4)(c)(ii) of this section. With respect to a	130172
trust or portion of a trust that is not a resident as ascertained	130173
in accordance with division (I)(3)(d) of this section, the trust's	130174
portion of modified nonbusiness income recognized from the sale,	130175
exchange, or other disposition of a debt interest in or equity	130176
interest in a section 5747.212 entity, as defined in section	130177
5747.212 of the Revised Code, without regard to division (A) of	130178
that section, shall not be allocated to this state in accordance	130179
with section 5747.20 of the Revised Code but shall be apportioned	130180
to this state in accordance with division (B) of section 5747.212	130181
of the Revised Code without regard to division (A) of that	130182
section.	130183

If the allocation and apportionment of a trust's income under	130184
divisions (BB)(4)(a) and (c) of this section do not fairly	130185
represent the modified Ohio taxable income of the trust in this	130186
state, the alternative methods described in division (C) of	130187
section 5747.21 of the Revised Code may be applied in the manner	130188
and to the same extent provided in that section.	130189

(5)(a) Except as set forth in division (BB)(5)(b) of this	130190
section, "qualifying investee" means a person in which a trust has	130191
an equity or ownership interest, or a person or unit of government	130192
the debt obligations of either of which are owned by a trust. For	130193
the purposes of division (BB)(2)(a) of this section and for the	130194
purpose of computing the fraction described in division (BB)(4)(b)	130195
of this section, all of the following apply:	130196

(i) If the qualifying investee is a member of a qualifying	130197
controlled group on the last day of the qualifying investee's	130198
fiscal or calendar year ending immediately prior to the date on	130199
which the trust recognizes the gain or loss, then "qualifying	130200
investee" includes all persons in the qualifying controlled group	130201
on such last day.	130202

(ii) If the qualifying investee, or if the qualifying	130203
investee and any members of the qualifying controlled group of	130204
which the qualifying investee is a member on the last day of the	130205
qualifying investee's fiscal or calendar year ending immediately	130206
prior to the date on which the trust recognizes the gain or loss,	130207
separately or cumulatively own, directly or indirectly, on the	130208
last day of the qualifying investee's fiscal or calendar year	130209
ending immediately prior to the date on which the trust recognizes	130210
the qualifying trust amount, more than fifty per cent of the	130211
equity of a pass-through entity, then the qualifying investee and	130212
the other members are deemed to own the proportionate share of the	130213
pass-through entity's physical assets which the pass-through	130214
entity directly or indirectly owns on the last day of the	130215
pass-through entity's calendar or fiscal year ending within or	130216
with the last day of the qualifying investee's fiscal or calendar	130217
year ending immediately prior to the date on which the trust	130218
recognizes the qualifying trust amount.	130219

(iii) For the purposes of division (BB)(5)(a)(iii) of this	130220
section, "upper level pass-through entity" means a pass-through	130221
entity directly or indirectly owning any equity of another	130222
pass-through entity, and "lower level pass-through entity" means	130223
that other pass-through entity.	130224

An upper level pass-through entity, whether or not it is also	130225
a qualifying investee, is deemed to own, on the last day of the	130226
upper level pass-through entity's calendar or fiscal year, the	130227
proportionate share of the lower level pass-through entity's	130228
physical assets that the lower level pass-through entity directly	130229
or indirectly owns on the last day of the lower level pass-through	130230
entity's calendar or fiscal year ending within or with the last	130231
day of the upper level pass-through entity's fiscal or calendar	130232
year. If the upper level pass-through entity directly and	130233
indirectly owns less than fifty per cent of the equity of the	130234
lower level pass-through entity on each day of the upper level	130235
pass-through entity's calendar or fiscal year in which or with	130236
which ends the calendar or fiscal year of the lower level	130237
pass-through entity and if, based upon clear and convincing	130238
evidence, complete information about the location and cost of the	130239
physical assets of the lower pass-through entity is not available	130240
to the upper level pass-through entity, then solely for purposes	130241
of ascertaining if a gain or loss constitutes a qualifying trust	130242
amount, the upper level pass-through entity shall be deemed as	130243
owning no equity of the lower level pass-through entity for each	130244
day during the upper level pass-through entity's calendar or	130245
fiscal year in which or with which ends the lower level	130246
pass-through entity's calendar or fiscal year. Nothing in division	130247
(BB)(5)(a)(iii) of this section shall be construed to provide for	130248
any deduction or exclusion in computing any trust's Ohio taxable	130249
income.	130250

(b) With respect to a trust that is not a resident for the	130251
taxable year and with respect to a part of a trust that is not a	130252
resident for the taxable year, "qualifying investee" for that	130253
taxable year does not include a C corporation if both of the	130254
following apply:	130255

(i) During the taxable year the trust or part of the trust	130256
recognizes a gain or loss from the sale, exchange, or other	130257
disposition of equity or ownership interests in, or debt	130258
obligations of, the C corporation.	130259

(ii) Such gain or loss constitutes nonbusiness income.

130260

(6) "Available" means information is such that a person is	130261
able to learn of the information by the due date plus extensions,	130262
if any, for filing the return for the taxable year in which the	130263
trust recognizes the gain or loss.	130264

(CC) "Qualifying controlled group" has the same meaning as in	130265
section 5733.04 of the Revised Code.	130266

(DD) "Related member" has the same meaning as in section	130267
5733.042 of the Revised Code.	130268

(EE)(1) For the purposes of division (EE) of this section:

130269

(a) "Qualifying person" means any person other than a	130270
qualifying corporation.	130271

(b) "Qualifying corporation" means any person classified for	130272
federal income tax purposes as an association taxable as a	130273
corporation, except either of the following:	130274

(i) A corporation that has made an election under subchapter	130275
S, chapter one, subtitle A, of the Internal Revenue Code for its	130276
taxable year ending within, or on the last day of, the investor's	130277
taxable year;	130278

(ii) A subsidiary that is wholly owned by any corporation	130279
that has made an election under subchapter S, chapter one,	130280
subtitle A of the Internal Revenue Code for its taxable year	130281
ending within, or on the last day of, the investor's taxable year.	130282

(2) For the purposes of this chapter, unless expressly stated	130283
otherwise, no qualifying person indirectly owns any asset directly	130284
or indirectly owned by any qualifying corporation.	130285

(FF) For purposes of this chapter and Chapter 5751. of the	130286
Revised Code:	130287

(1) "Trust" does not include a qualified pre-income tax	130288
trust.	130289

(2) A "qualified pre-income tax trust" is any pre-income tax	130290
trust that makes a qualifying pre-income tax trust election as	130291
described in division (FF)(3) of this section.	130292

(3) A "qualifying pre-income tax trust election" is an	130293
election by a pre-income tax trust to subject to the tax imposed	130294
by section 5751.02 of the Revised Code the pre-income tax trust	130295
and all pass-through entities of which the trust owns or controls,	130296
directly, indirectly, or constructively through related interests,	130297
five per cent or more of the ownership or equity interests. The	130298
trustee shall notify the tax commissioner in writing of the	130299
election on or before April 15, 2006. The election, if timely	130300
made, shall be effective on and after January 1, 2006, and shall	130301
apply for all tax periods and tax years until revoked by the	130302
trustee of the trust.	130303

(4) A "pre-income tax trust" is a trust that satisfies all of	130304
the following requirements:	130305

(a) The document or instrument creating the trust was	130306
executed by the grantor before January 1, 1972;	130307

(b) The trust became irrevocable upon the creation of the	130308
trust; and	130309

(c) The grantor was domiciled in this state at the time the	130310
trust was created.	130311

Sec. 5747.058. (A) A refundable income tax credit granted by	130312
the tax credit authority under section 122.17 or division (B)(2)	130313
or (3) of section 122.171 of the Revised Code may be claimed under	130314
this chapter, in the order required under section 5747.98 of the	130315
Revised Code. For purposes of making tax payments under this	130316
chapter, taxes equal to the amount of the refundable credit shall	130317
be considered to be paid to this state on the first day of the	130318
taxable year. The refundable credit shall not be claimed for any	130319
taxable years ending with or following the calendar year in which	130320
a relocation of employment positions occurs in violation of an	130321
agreement entered into under section 122.171 of the Revised Code.	130322

(B) A nonrefundable income tax credit granted by the tax	130323
credit authority under division (B)(1) of section 122.171 of the	130324
Revised Code may be claimed under this chapter, in the order	130325
required under section 5747.98 of the Revised Code.	130326

Sec. 5747.113. (A) Any taxpayer claiming a refund under	130327
section 5747.11 of the Revised Code ~~for taxable years ending on or~~	130328
~~after October 14, 1983,~~ who wishes to contribute any part of the	130329
taxpayer's refund to the natural areas and preserves fund created	130330
in section 1517.11 of the Revised Code, the nongame and endangered	130331
wildlife fund created in section 1531.26 of the Revised Code, the	130332
military injury relief fund created in section 5101.98 of the	130333
Revised Code, the Ohio historical society income tax contribution	130334
fund created in section 149.308 of the Revised Code, or all of	130335
those funds, may designate on the taxpayer's income tax return the	130336
amount that the taxpayer wishes to contribute to the fund or	130337
funds. A designated contribution is irrevocable upon the filing of	130338
the return and shall be made in the full amount designated if the	130339
refund found due the taxpayer upon the initial processing of the	130340
taxpayer's return, after any deductions including those required	130341
by section 5747.12 of the Revised Code, is greater than or equal	130342
to the designated contribution. If the refund due as initially	130343
determined is less than the designated contribution, the	130344
contribution shall be made in the full amount of the refund. The	130345
tax commissioner shall subtract the amount of the contribution	130346
from the amount of the refund initially found due the taxpayer and	130347
shall certify the difference to the director of budget and	130348
management and treasurer of state for payment to the taxpayer in	130349
accordance with section 5747.11 of the Revised Code. For the	130350
purpose of any subsequent determination of the taxpayer's net tax	130351
payment, the contribution shall be considered a part of the refund	130352
paid to the taxpayer.	130353

(B) The tax commissioner shall provide a space on the income	130354
tax return form in which a taxpayer may indicate that the taxpayer	130355
wishes to make a donation in accordance with this section. The tax	130356
commissioner shall also print in the instructions accompanying the	130357
income tax return form a description of the purposes for which the	130358
natural areas and preserves fund, the nongame and endangered	130359
wildlife fund, ~~and~~ the military injury relief fund, and the Ohio	130360
historical society income tax contribution fund were created and	130361
the use of moneys from the income tax refund contribution system	130362
established in this section. No person shall designate on the	130363
person's income tax return any part of a refund claimed under	130364
section 5747.11 of the Revised Code as a contribution to any fund	130365
other than the natural areas and preserves fund, the nongame and	130366
endangered wildlife fund, the military injury relief fund, or ~~all~~	130367
~~of those funds~~the Ohio historical society income tax contribution	130368
fund.	130369

(C) The money collected under the income tax refund	130370
contribution system established in this section shall be deposited	130371
by the tax commissioner into the natural areas and preserves fund,	130372
the nongame and endangered wildlife fund, ~~and~~ the military injury	130373
relief fund, and the Ohio historical society income tax	130374
contribution fund in the amounts designated on the tax returns.	130375

(D) No later than the thirtieth day of September each year,	130376
the tax commissioner shall determine the total amount contributed	130377
to each fund under this section during the preceding eight months,	130378
any adjustments to prior months, and the cost to the department of	130379
taxation of administering the income tax refund contribution	130380
system during that eight-month period. The commissioner shall make	130381
an additional determination no later than the thirty-first day of	130382
January of each year of the total amount contributed to each fund	130383
under this section during the preceding four calendar months, any	130384
adjustments to prior years made during that four-month period, and	130385
the cost to the department of taxation of administering the income	130386
tax contribution system during that period. The cost of	130387
administering the income tax contribution system shall be	130388
certified by the tax commissioner to the director of budget and	130389
management, who shall transfer an amount equal to ~~one-third~~	130390
one-fourth of such administrative costs from the natural areas and	130391
preserves fund, ~~one-third~~one-fourth of such costs from the	130392
nongame and endangered wildlife fund, ~~and one-third~~one-fourth of	130393
such costs from the military injury relief fund, and one-fourth of	130394
such costs from the Ohio historical society income tax	130395
contribution fund to the litter control and natural resource tax	130396
administration fund, which is hereby created, provided that the	130397
moneys that the department receives to pay the cost of	130398
administering the income tax refund contribution system in any	130399
year shall not exceed two and one-half per cent of the total	130400
amount contributed under that system during that year.	130401

(E)(1) The director of natural resources, in January of every	130402
odd-numbered year, shall report to the general assembly on the	130403
effectiveness of the income tax refund contribution system as it	130404
pertains to the natural areas and preserves fund and the nongame	130405
and endangered wildlife fund. The report shall include the amount	130406
of money contributed to each fund in each of the previous five	130407
years, the amount of money contributed directly to each fund in	130408
addition to or independently of the income tax refund contribution	130409
system in each of the previous five years, and the purposes for	130410
which the money was expended.	130411

(2) The director of job and family services and the director	130412
of the Ohio historical society, in January of every odd-numbered	130413
year, each shall report to the general assembly on the	130414
effectiveness of the income tax refund contribution system as it	130415
pertains to the military injury relief fund and the Ohio	130416
historical society income tax contribution fund, respectively. The	130417
report shall include the amount of money contributed to the fund	130418
in each of the previous five years, the amount of money	130419
contributed directly to the fund in addition to or independently	130420
of the income tax refund contribution system in each of the	130421
previous five years, and the purposes for which the money was	130422
expended.	130423

Sec. 5747.451. (A) The mere retirement from business or	130424
voluntary dissolution of a domestic or foreign qualifying entity	130425
does not exempt it from the requirements to make reports as	130426
required under sections 5747.42 to 5747.44 or to pay the taxes	130427
imposed under section 5733.41 or 5747.41 of the Revised Code. If	130428
any qualifying entity subject to the taxes imposed under section	130429
5733.41 or 5747.41 of the Revised Code sells its business or stock	130430
of merchandise or quits its business, the taxes required to be	130431
paid prior to that time, together with any interest or penalty	130432
thereon, become due and payable immediately, and the qualifying	130433
entity shall make a final return within fifteen days after the	130434
date of selling or quitting business. The successor of the	130435
qualifying entity shall withhold a sufficient amount of the	130436
purchase money to cover the amount of such taxes, interest, and	130437
penalties due and unpaid until the qualifying entity produces a	130438
receipt from the tax commissioner showing that the taxes,	130439
interest, and penalties have been paid, or a certificate	130440
indicating that no taxes are due. If the purchaser of the business	130441
or stock of goods fails to withhold purchase money, the purchaser	130442
is personally liable for the payment of the taxes, interest, and	130443
penalties accrued and unpaid during the operation of the business	130444
by the qualifying entity. If the amount of those taxes, interest,	130445
and penalty unpaid at the time of the purchase exceeds the total	130446
purchase money, the tax commissioner may adjust the qualifying	130447
entity's liability for those taxes, interest, and penalty, or	130448
adjust the responsibility of the purchaser to pay that liability,	130449
in a manner calculated to maximize the collection of those	130450
liabilities.	130451

(B) Annually, on the last day of each qualifying taxable year	130452
of a qualifying entity, the taxes imposed under section 5733.41 or	130453
5747.41 of the Revised Code, together with any penalties	130454
subsequently accruing thereon, become a lien on all property in	130455
this state of the qualifying entity, whether such property is	130456
employed by the qualifying entity in the prosecution of its	130457
business or is in the hands of an assignee, trustee, or receiver	130458
for the benefit of the qualifying entity's creditors and	130459
investors. The lien shall continue until those taxes, together	130460
with any penalties subsequently accruing, are paid.	130461

Upon failure of such a qualifying entity to pay those taxes	130462
on the day fixed for payment, the treasurer of state shall	130463
thereupon notify the tax commissioner, and the commissioner may	130464
file in the office of the county recorder in each county in this	130465
state in which the qualifying entity owns or has a beneficial	130466
interest in real estate, notice of the lien containing a brief	130467
description of such real estate. No fee shall be charged for such	130468
a filing. The lien is not valid as against any mortgagee,	130469
purchaser, or judgment creditor whose rights have attached prior	130470
to the time the notice is so filed in the county in which the real	130471
estate which is the subject of such mortgage, purchase, or	130472
judgment lien is located. The notice shall be recorded in a book	130473
kept by the recorder, called the qualifying entity tax lien	130474
record, and indexed under the name of the qualifying entity	130475
charged with the tax. When the tax, together with any penalties	130476
subsequently accruing thereon, have been paid, the tax	130477
commissioner shall furnish to the qualifying entity an	130478
acknowledgment of such payment that the qualifying entity may	130479
record with the recorder of each county in which notice of such	130480
lien has been filed, for which recording the recorder shall charge	130481
and receive a fee of two dollars.	130482

(C) In addition to all other remedies for the collection of	130483
any taxes or penalties due under law, whenever any taxes,	130484
interest, or penalties due from any qualifying entity under	130485
section 5733.41 of the Revised Code or this chapter have remained	130486
unpaid for a period of ninety days, or whenever any qualifying	130487
entity has failed for a period of ninety days to make any report	130488
or return required by law, or to pay any penalty for failure to	130489
make or file such report or return, the attorney general, upon the	130490
request of the tax commissioner, shall file a petition in the	130491
court of common pleas in the county of the state in which such	130492
qualifying entity has its principal place of business for a	130493
judgment for the amount of the taxes, interest, or penalties	130494
appearing to be due, the enforcement of any lien in favor of the	130495
state, and an injunction to restrain such qualifying entity and	130496
its officers, directors, and managing agents from the transaction	130497
of any business within this state, other than such acts as are	130498
incidental to liquidation or winding up, until the payment of such	130499
taxes, interest, and penalties, and the costs of the proceeding	130500
fixed by the court, or the making and filing of such report or	130501
return.	130502

The petition shall be in the name of the state. Any of the	130503
qualifying entities having its principal places of business in the	130504
county may be joined in one suit. On the motion of the attorney	130505
general, the court of common pleas shall enter an order requiring	130506
all defendants to answer by a day certain, and may appoint a	130507
special master commissioner to take testimony, with such other	130508
power and authority as the court confers, and permitting process	130509
to be served by registered mail and by publication in a newspaper	130510
of general circulation ~~published~~ in the county, which publication	130511
need not be made more than once, setting forth the name of each	130512
delinquent qualifying entity, the matter in which the qualifying	130513
entity is delinquent, the names of its officers, directors, and	130514
managing agents, if set forth in the petition, and the amount of	130515
any taxes, fees, or penalties claimed to be owing by the	130516
qualifying entity.	130517

All or any of the trustees or other fiduciaries, officers,	130518
directors, investors, beneficiaries, or managing agents of any	130519
qualifying entity may be joined as defendants with the qualifying	130520
entity.	130521

If it appears to the court upon hearing that any qualifying	130522
entity that is a party to the proceeding is indebted to the state	130523
for taxes imposed under section 5733.41 or 5747.41 of the Revised	130524
Code, or interest or penalties thereon, judgment shall be entered	130525
therefor with interest; and if it appears that any qualifying	130526
entity has failed to make or file any report or return, a	130527
mandatory injunction may be issued against the qualifying entity,	130528
its trustees or other fiduciaries, officers, directors, and	130529
managing agents, enjoining them from the transaction of any	130530
business within this state, other than acts incidental to	130531
liquidation or winding up, until the making and filing of all	130532
proper reports or returns and until the payment in full of all	130533
taxes, interest, and penalties.	130534

If the trustees or other fiduciaries, officers, directors,	130535
investors, beneficiaries, or managing agents of a qualifying	130536
entity are not made parties in the first instance, and a judgment	130537
or an injunction is rendered or issued against the qualifying	130538
entity, those officers, directors, investors, or managing agents	130539
may be made parties to such proceedings upon the motion of the	130540
attorney general, and, upon notice to them of the form and terms	130541
of such injunction, they shall be bound thereby as fully as if	130542
they had been made parties in the first instance.	130543

In any action authorized by this division, a statement of the	130544
tax commissioner, or the secretary of state, when duly certified,	130545
shall be prima-facie evidence of the amount of taxes, interest, or	130546
penalties due from any qualifying entity, or of the failure of any	130547
qualifying entity to file with the commissioner or the secretary	130548
of state any report required by law, and any such certificate of	130549
the commissioner or the secretary of state may be required in	130550
evidence in any such proceeding.	130551

On the application of any defendant and for good cause shown,	130552
the court may order a separate hearing of the issues as to any	130553
defendant.	130554

The costs of the proceeding shall be apportioned among the	130555
parties as the court deems proper.	130556

The court in such proceeding may make, enter, and enforce	130557
such other judgments and orders and grant such other relief as is	130558
necessary or incidental to the enforcement of the claims and lien	130559
of the state.	130560

In the performance of the duties enjoined upon the attorney	130561
general by this division, the attorney general may direct any	130562
prosecuting attorney to bring an action, as authorized by this	130563
division, in the name of the state with respect to any delinquent	130564
qualifying entities within the prosecuting attorney's county, and	130565
like proceedings and orders shall be had as if such action were	130566
instituted by the attorney general.	130567

(D) If any qualifying entity fails to make and file the	130568
reports or returns required under this chapter, or to pay the	130569
penalties provided by law for failure to make and file such	130570
reports or returns for a period of ninety days after the time	130571
prescribed by this chapter, the attorney general, on the request	130572
of the tax commissioner, shall commence an action in quo warranto	130573
in the court of appeals of the county in which that qualifying	130574
entity has its principal place of business to forfeit and annul	130575
its privileges and franchises. If the court is satisfied that any	130576
such qualifying entity is in default, it shall render judgment	130577
ousting such qualifying entity from the exercise of its privileges	130578
and franchises within this state, and shall otherwise proceed as	130579
provided in sections 2733.02 to 2733.39 of the Revised Code.	130580

Sec. 5747.46. As used in sections 5747.46 and 5747.47 of the	130581
Revised Code:	130582

(A) "Year's fund balance" means the amount credited to the	130583
public library fund during a calendar year.	130584

(B) "Distribution year" means the calendar year during which	130585
a year's fund balance is distributed under section 5747.47 of the	130586
Revised Code.	130587

(C) "CPI" means the consumer price index for all urban	130588
consumers (United States city average, all items), prepared by the	130589
United States department of labor, bureau of labor statistics.	130590

(D) "Inflation factor" means the quotient obtained by	130591
dividing the CPI for May of the year preceding the distribution	130592
year by the CPI for May of the second preceding year. If the	130593
quotient so obtained is less than one, the inflation factor shall	130594
equal one.	130595

(E) "Population" means whichever of the following has most	130596
recently been issued, as of the first day of June preceding the	130597
distribution year:	130598

(1) The most recent decennial census figures that include	130599
population figures for each county in the state;	130600

(2) The most current issue of "Current Population Reports:	130601
Local Population Estimates" issued by the United States bureau of	130602
the census that contains population estimates for each county in	130603
the state and the state.	130604

(F) "County's equalization ratio for a distribution year"	130605
means a percentage computed for that county as follows:	130606

(1) Square the per cent that the county's population is of	130607
the state's population;	130608

(2) Divide the product so obtained by the per cent that the	130609
county's total entitlement for the preceding year is of all	130610
counties' total entitlements for the preceding year;	130611

(3) Divide the quotient so obtained by the sum of the	130612
quotients so obtained for all counties.	130613

(G) "Total entitlement" means, with respect to a distribution	130614
year, the sum of a county's guaranteed share plus its share of the	130615
excess. For the 2012 distribution year, "total entitlement" equals	130616
the sum of payments made to a county public library fund during	130617
that year.	130618

(1) "Guaranteed share" means, for a distribution year, the	130619
product obtained by multiplying a county's total entitlement for	130620
the preceding distribution year by the ~~inflaction~~inflation	130621
factor. If the sum of the guaranteed shares for all counties	130622
exceeds the year's fund balance, the guaranteed shares of all	130623
counties shall be reduced by a percentage that will result in the	130624
sum of such guaranteed shares being equal to the year's fund	130625
balance.	130626

(2) "Share of excess" means, for a distribution year, the	130627
product obtained by multiplying a county's equalization ratio by	130628
the difference between the year's fund balance and the sum of the	130629
guaranteed shares for all counties. If the sum of the guaranteed	130630
shares for all counties exceeds the year's fund balance the share	130631
of the excess for all counties is zero.	130632

(H) "Net distribution" means the sum of the payments made to	130633
a county's public library fund during a distribution year,	130634
adjusted as follows:	130635

(1) If the county received an overpayment during the	130636
preceding distribution year, add the amount of the overpayment;	130637

(2) If the county received an underpayment during the	130638
preceding distribution year, deduct the amount of the	130639
underpayment.	130640

(I) "Overpayment" or "underpayment" for a distribution year	130641
means the amount by which the net distribution to a county's	130642
public library fund during that distribution year exceeded or was	130643
less than the county's total entitlement for that year.	130644

All computations made under this section shall be rounded to	130645
the nearest one-hundredth of one per cent.	130646

Sec. 5747.51. ~~(A)~~ On or before the twenty-fifth day of July	130647
of each year, the tax commissioner shall make and certify to the	130648
county auditor of each county an estimate of the amount of the	130649
local government fund to be allocated to the undivided local	130650
government fund of each county for the ensuing calendar year ~~and~~	130651
~~the estimated amount to be received by the undivided local~~	130652
~~government fund of each county from the taxes levied pursuant to~~	130653
~~section 5707.03 of the Revised Code for the ensuing calendar year~~.	130654
Upon the auditor's receipt of the estimate, the county budget	130655
commission shall determine the amount that shall be distributed	130656
from the undivided local government fund to each subdivision under	130657
section 5747.52 or 5747.53 of the Revised Code. The commission's	130658
determination is final and may not be appealed unless the	130659
commission failed to comply with the formula under section 5747.52	130660
or 5747.53 of the Revised Code.	130661

~~(B) At each annual regular session of the county budget~~	130662
~~commission convened pursuant to section 5705.27 of the Revised~~	130663
~~Code, each auditor shall present to the commission the certificate~~	130664
~~of the commissioner, the annual tax budget and estimates, and the~~	130665
~~records showing the action of the commission in its last preceding~~	130666
~~regular session. The estimates shown on the certificate of the~~	130667
~~commissioner of the amount to be allocated from the local~~	130668
~~government fund and the amount to be received from taxes levied~~	130669
~~pursuant to section 5707.03 of the Revised Code shall be combined~~	130670
~~into one total comprising the estimate of the undivided local~~	130671
~~government fund of the county. The commission, after extending to~~	130672
~~the representatives of each subdivision an opportunity to be~~	130673
~~heard, under oath administered by any member of the commission,~~	130674
~~and considering all the facts and information presented to it by~~	130675
~~the auditor, shall determine the amount of the undivided local~~	130676
~~government fund needed by and to be apportioned to each~~	130677
~~subdivision for current operating expenses, as shown in the tax~~	130678
~~budget of the subdivision. This determination shall be made~~	130679
~~pursuant to divisions (C) to (I) of this section, unless the~~	130680
~~commission has provided for a formula pursuant to section 5747.53~~	130681
~~of the Revised Code.~~	130682

~~Nothing in this section prevents the budget commission, for~~	130683
~~the purpose of apportioning the undivided local government fund,~~	130684
~~from inquiring into the claimed needs of any subdivision as stated~~	130685
~~in its tax budget, or from adjusting claimed needs to reflect~~	130686
~~actual needs. For the purposes of this section, "current operating~~	130687
~~expenses" means the lawful expenditures of a subdivision, except~~	130688
~~those for permanent improvements and except payments for interest,~~	130689
~~sinking fund, and retirement of bonds, notes, and certificates of~~	130690
~~indebtedness of the subdivision.~~	130691

~~(C) The commission shall determine the combined total of the~~	130692
~~estimated expenditures, including transfers, from the general fund~~	130693
~~and any special funds other than special funds established for~~	130694
~~road and bridge; street construction, maintenance, and repair;~~	130695
~~state highway improvement; and gas, water, sewer, and electric~~	130696
~~public utilities operated by a subdivision, as shown in the~~	130697
~~subdivision's tax budget for the ensuing calendar year.~~	130698

~~(D) From the combined total of expenditures calculated~~	130699
~~pursuant to division (C) of this section, the commission shall~~	130700
~~deduct the following expenditures, if included in these funds in~~	130701
~~the tax budget:~~	130702

~~(1) Expenditures for permanent improvements as defined in~~	130703
~~division (E) of section 5705.01 of the Revised Code;~~	130704

~~(2) In the case of counties and townships, transfers to the~~	130705
~~road and bridge fund, and in the case of municipalities, transfers~~	130706
~~to the street construction, maintenance, and repair fund and the~~	130707
~~state highway improvement fund;~~	130708

~~(3) Expenditures for the payment of debt charges;~~

130709

~~(4) Expenditures for the payment of judgments.~~

130710

~~(E) In addition to the deductions made pursuant to division~~	130711
~~(D) of this section, revenues accruing to the general fund and any~~	130712
~~special fund considered under division (C) of this section from~~	130713
~~the following sources shall be deducted from the combined total of~~	130714
~~expenditures calculated pursuant to division (C) of this section:~~	130715

~~(1) Taxes levied within the ten-mill limitation, as defined~~	130716
~~in section 5705.02 of the Revised Code;~~	130717

~~(2) The budget commission allocation of estimated county~~	130718
~~public library fund revenues to be distributed pursuant to section~~	130719
~~5747.48 of the Revised Code;~~	130720

~~(3) Estimated unencumbered balances as shown on the tax~~	130721
~~budget as of the thirty-first day of December of the current year~~	130722
~~in the general fund, but not any estimated balance in any special~~	130723
~~fund considered in division (C) of this section;~~	130724

~~(4) Revenue, including transfers, shown in the general fund~~	130725
~~and any special funds other than special funds established for~~	130726
~~road and bridge; street construction, maintenance, and repair;~~	130727
~~state highway improvement; and gas, water, sewer, and electric~~	130728
~~public utilities, from all other sources except those that a~~	130729
~~subdivision receives from an additional tax or service charge~~	130730
~~voted by its electorate or receives from special assessment or~~	130731
~~revenue bond collection. For the purposes of this division, where~~	130732
~~the charter of a municipal corporation prohibits the levy of an~~	130733
~~income tax, an income tax levied by the legislative authority of~~	130734
~~such municipal corporation pursuant to an amendment of the charter~~	130735
~~of that municipal corporation to authorize such a levy represents~~	130736
~~an additional tax voted by the electorate of that municipal~~	130737
~~corporation. For the purposes of this division, any measure~~	130738
~~adopted by a board of county commissioners pursuant to section~~	130739
~~322.02, 324.02, 4504.02, or 5739.021 of the Revised Code,~~	130740
~~including those measures upheld by the electorate in a referendum~~	130741
~~conducted pursuant to section 322.021, 324.021, 4504.021, or~~	130742
~~5739.022 of the Revised Code, shall not be considered an~~	130743
~~additional tax voted by the electorate.~~	130744

~~Subject to division (G) of section 5705.29 of the Revised~~	130745
~~Code, money in a reserve balance account established by a county,~~	130746
~~township, or municipal corporation under section 5705.13 of the~~	130747
~~Revised Code shall not be considered an unencumbered balance or~~	130748
~~revenue under division (E)(3) or (4) of this section. Money in a~~	130749
~~reserve balance account established by a township under section~~	130750
~~5705.132 of the Revised Code shall not be considered an~~	130751
~~unencumbered balance or revenue under division (E)(3) or (4) of~~	130752
~~this section.~~	130753

~~If a county, township, or municipal corporation has created~~	130754
~~and maintains a nonexpendable trust fund under section 5705.131 of~~	130755
~~the Revised Code, the principal of the fund, and any additions to~~	130756
~~the principal arising from sources other than the reinvestment of~~	130757
~~investment earnings arising from such a fund, shall not be~~	130758
~~considered an unencumbered balance or revenue under division~~	130759
~~(E)(3) or (4) of this section. Only investment earnings arising~~	130760
~~from investment of the principal or investment of such additions~~	130761
~~to principal may be considered an unencumbered balance or revenue~~	130762
~~under those divisions.~~	130763

~~(F) The total expenditures calculated pursuant to division~~	130764
~~(C) of this section, less the deductions authorized in divisions~~	130765
~~(D) and (E) of this section, shall be known as the "relative need"~~	130766
~~of the subdivision, for the purposes of this section.~~	130767

~~(G) The budget commission shall total the relative need of~~	130768
~~all participating subdivisions in the county, and shall compute a~~	130769
~~relative need factor by dividing the total estimate of the~~	130770
~~undivided local government fund by the total relative need of all~~	130771
~~participating subdivisions.~~	130772

~~(H) The relative need of each subdivision shall be multiplied~~	130773
~~by the relative need factor to determine the proportionate share~~	130774
~~of the subdivision in the undivided local government fund of the~~	130775
~~county; provided, that the maximum proportionate share of a county~~	130776
~~shall not exceed the following maximum percentages of the total~~	130777
~~estimate of the undivided local government fund governed by the~~	130778
~~relationship of the percentage of the population of the county~~	130779
~~that resides within municipal corporations within the county to~~	130780
~~the total population of the county as reported in the reports on~~	130781
~~population in Ohio by the department of development as of the~~	130782
~~twentieth day of July of the year in which the tax budget is filed~~	130783
~~with the budget commission:~~	130784

~~Percentage of municipal population within the county:~~	~~Percentage share of the county shall not exceed:~~	130785
		130786
~~Less than forty-one per cent~~	~~Sixty per cent~~	130787
~~Forty-one per cent or more but less than eighty-one per cent~~	~~Fifty per cent~~	130788
~~Eighty-one per cent or more~~	~~Thirty per cent~~	130789

~~Where the proportionate share of the county exceeds the~~	130790
~~limitations established in this division, the budget commission~~	130791
~~shall adjust the proportionate shares determined pursuant to this~~	130792
~~division so that the proportionate share of the county does not~~	130793
~~exceed these limitations, and it shall increase the proportionate~~	130794
~~shares of all other subdivisions on a pro rata basis. In counties~~	130795
~~having a population of less than one hundred thousand, not less~~	130796
~~than ten per cent shall be distributed to the townships therein.~~	130797

~~(I) The proportionate share of each subdivision in the~~	130798
~~undivided local government fund determined pursuant to division~~	130799
~~(H) of this section for any calendar year shall not be less than~~	130800
~~the product of the average of the percentages of the undivided~~	130801
~~local government fund of the county as apportioned to that~~	130802
~~subdivision for the calendar years 1968, 1969, and 1970,~~	130803
~~multiplied by the total amount of the undivided local government~~	130804
~~fund of the county apportioned pursuant to former section 5735.23~~	130805
~~of the Revised Code for the calendar year 1970. For the purposes~~	130806
~~of this division, the total apportioned amount for the calendar~~	130807
~~year 1970 shall be the amount actually allocated to the county in~~	130808
~~1970 from the state collected intangible tax as levied by section~~	130809
~~5707.03 of the Revised Code and distributed pursuant to section~~	130810
~~5725.24 of the Revised Code, plus the amount received by the~~	130811
~~county in the calendar year 1970 pursuant to division (B)(1) of~~	130812
~~former section 5739.21 of the Revised Code, and distributed~~	130813
~~pursuant to former section 5739.22 of the Revised Code. If the~~	130814
~~total amount of the undivided local government fund for any~~	130815
~~calendar year is less than the amount of the undivided local~~	130816
~~government fund apportioned pursuant to former section 5739.23 of~~	130817
~~the Revised Code for the calendar year 1970, the minimum amount~~	130818
~~guaranteed to each subdivision for that calendar year pursuant to~~	130819
~~this division shall be reduced on a basis proportionate to the~~	130820
~~amount by which the amount of the undivided local government fund~~	130821
~~for that calendar year is less than the amount of the undivided~~	130822
~~local government fund apportioned for the calendar year 1970.~~	130823

~~(J)~~ On the basis of ~~such apportionment~~the budget	130824
commission's determination, the county auditor shall compute the	130825
percentage share of each such subdivision in the undivided local	130826
government fund and shall at the same time certify to the tax	130827
commissioner the percentage share of the county as a subdivision.	130828
~~No payment shall be made from the undivided local government fund,~~	130829
~~except in accordance with such percentage shares.~~	130830

Within ten days after the budget commission has made its	130831
~~apportionment, whether conducted pursuant to section 5747.51 or~~	130832
~~5747.53 of the Revised Code~~determination, the auditor shall	130833
publish a list of the subdivisions and the amount each is to	130834
receive from the undivided local government fund and the	130835
percentage share of each subdivision, in a newspaper or newspapers	130836
of countywide circulation, and send a copy of ~~such allocation~~the	130837
list to the tax commissioner.	130838

The county auditor shall also send by certified mail, return	130839
receipt requested, a copy of ~~such allocation~~the list to the	130840
fiscal officer of each subdivision entitled to participate in the	130841
allocation of the undivided local government fund of the county.	130842
This copy shall constitute the official notice of the commission	130843
action referred to in section 5705.37 of the Revised Code.	130844

All money received into the treasury of a subdivision from	130845
the undivided local government fund in a county treasury shall be	130846
paid into the general fund and used for the current operating	130847
expenses of the subdivision.	130848

If a municipal corporation maintains a municipal university,	130849
such municipal university, when the board of trustees so requests	130850
the legislative authority of the municipal corporation, shall	130851
participate in the money apportioned to such municipal corporation	130852
from the total local government fund, however created and	130853
constituted, in such amount as requested by the board of trustees,	130854
provided such sum does not exceed nine per cent of the total	130855
amount paid to the municipal corporation.	130856

If any public official fails to maintain the records required	130857
by sections 5747.50 to 5747.55 of the Revised Code or by the rules	130858
issued by the tax commissioner, the auditor of state, or the	130859
treasurer of state pursuant to such sections, or fails to comply	130860
with any law relating to the enforcement of such sections, the	130861
local government fund money allocated to the county may be	130862
withheld until such time as the public official has complied with	130863
such sections or such law or the rules issued pursuant thereto.	130864

Sec. 5747.52. (A) For purposes of this section:

130865

(1) "Total county allocation" means the estimate certified by	130866
the tax commissioner under division (A) of section 5747.51 of the	130867
Revised Code.	130868

(2) "Total base allocation" means the sum of the base	130869
allocations of the county, metropolitan park district, and each	130870
subdivision.	130871

(3) "Base allocation" means, in the case of a county, thirty	130872
per cent of total county allocation. In the case of a metropolitan	130873
park district if one exists in the county, "base allocation" means	130874
five and one-half per cent of total county allocation. For all	130875
other subdivisions, "base allocation" means the average of a	130876
subdivision's current year allocation, first preceding year	130877
distribution, and second preceding year distribution.	130878

(4) "Current year allocation" means the amount allocated to a	130879
subdivision for the current year.	130880

(5) "First preceding year distribution" means the amount	130881
actually distributed to a subdivision pursuant to this section or	130882
section 5747.53 of the Revised Code in the year immediately	130883
preceding the current year.	130884

(6) "Second preceding year distribution" means the amount	130885
actually distributed to a subdivision pursuant to this section or	130886
section 5747.53 of the Revised Code in the second year immediately	130887
preceding the current year.	130888

(7) "Adjusted base allocation" means the product of total	130889
county allocation multiplied by the quotient of the subdivision's	130890
base allocation divided by total base allocation.	130891

(8) "Total excess allocation" means the difference of total	130892
county allocation minus total base allocation, but not less than	130893
zero.	130894

(9) "Excess allocation" of a subdivision means the product of	130895
total excess allocation multiplied by the subdivision's excess	130896
allocation percentage.	130897

(10) "Excess allocation percentage" means the average of a	130898
subdivision's property wealth ratio, income ratio, and population	130899
ratio.	130900

(11) "Property wealth ratio" means the quotient of a	130901
subdivision's property wealth factor divided by the sum of the	130902
property wealth factors of all subdivisions.	130903

(12) "Property wealth factor" means the quotient of a	130904
subdivision's population divided by its taxable value per capita.	130905

(13) "Income ratio" means the quotient of a subdivision's	130906
income factor divided by the sum of the income factors of all	130907
subdivisions.	130908

(14) "Income factor" means the quotient of a subdivision's	130909
population divided by its per capita income.	130910

(15) "Population ratio" means the quotient of a subdivision's	130911
population factor divided by the sum of the population factors of	130912
all subdivisions.	130913

(16) "Population density" means the quotient of a	130914
subdivision's population divided by the subdivision's geographical	130915
size, measured in square miles, as determined by the county	130916
engineer.	130917

(17) "Population factor" means the product of a subdivision's	130918
population multiplied by it population density.	130919

(18) "Population" means the population of a subdivision as	130920
determined by a regional or county planning commission or, if no	130921
such commission exists, by the county budget commission.	130922

(19) "Taxable value" means the taxable value of all taxable	130923
property in the subdivision as indicated on the tax list of real	130924
and public utility property for the preceding tax year.	130925

(20) "Taxable value per capita" means the quotient of a	130926
subdivision's population divided by its taxable value.	130927

(21) "Per capita income" of a subdivision means the per	130928
capita income as published by or derived from information prepared	130929
by the United States bureau of the census.	130930

(B) If the total county allocation is equal to or greater	130931
than the total base allocation, the amount that shall be	130932
distributed to a subdivision from the undivided local government	130933
fund equals the sum of the subdivision's base allocation plus its	130934
excess allocation. If the total county allocation is less than the	130935
total base allocation, the amount that shall be distributed to a	130936
subdivision from the undivided local government fund equals the	130937
subdivision's adjusted base allocation.	130938

(C) If the actual amount distributed to the undivided local	130939
government fund in a year exceeds the total county allocation for	130940
that year, the excess shall be distributed to subdivisions as	130941
provided in divisions (C)(1) and (2) of this section.	130942

(1) Of the first seven hundred fifty thousand dollars of	130943
excess, a subdivision shall receive the product of the excess	130944
multiplied by the quotient of the subdivision's allocation under	130945
division (B) of this section divided by the total county	130946
allocation.	130947

(2) Any amount in excess of seven hundred fifty thousand	130948
dollars shall be distributed as follows:	130949

(a) To the county, thirty per cent;

130950

(b) To a metropolitan park district if one exists in the	130951
county, five and one-half per cent;	130952

(c) The remainder shall be distributed to all other	130953
subdivisions in amounts to be determined in the same manner as the	130954
subdivisions' excess allocation is determined, except that "total	130955
excess allocation" equals the total amount to be distributed under	130956
division (C)(2)(c) of this section.	130957

Sec. 5747.53. ~~(A) As used in this section:~~

130958

~~(1) "City, located wholly or partially in the county, with~~	130959
~~the greatest population" means the city, located wholly or~~	130960
~~partially in the county, with the greatest population residing in~~	130961
~~the county; however, if the county budget commission on or before~~	130962
~~January 1, 1998, adopted an alternative method of apportionment~~	130963
~~that was approved by the legislative authority of the city,~~	130964
~~located partially in the county, with the greatest population but~~	130965
~~not the greatest population residing in the county, "city, located~~	130966
~~wholly or partially in the county, with the greatest population"~~	130967
~~means the city, located wholly or partially in the county, with~~	130968
~~the greatest population whether residing in the county or not, if~~	130969
~~this alternative meaning is adopted by action of the board of~~	130970
~~county commissioners and a majority of the boards of township~~	130971
~~trustees and legislative authorities of municipal corporations~~	130972
~~located wholly or partially in the county.~~	130973

~~(2) "Participating political subdivision" means a municipal~~	130974
~~corporation or township that satisfies all of the following:~~	130975

~~(a) It is located wholly or partially in the county.~~

130976

~~(b) It is not the city, located wholly or partially in the~~	130977
~~county, with the greatest population.~~	130978

~~(c) Undivided local government fund moneys are apportioned to~~	130979
~~it under the county's alternative method or formula of~~	130980
~~apportionment in the current calendar year.~~	130981

~~(B)~~ In lieu of the method of apportionment of the undivided	130982
local government fund of the county provided by section 5747.51 of	130983
the Revised Code, upon the approval of seventy-five per cent or	130984
more of the subdivisions located wholly or partially in the county	130985
acting by motion adopted after July 1, 2011, the county budget	130986
commission may provide for the apportionment of the fund under an	130987
alternative method or on a formula basis as authorized by this	130988
section.	130989

~~Except as otherwise provided in division (C) of this section,~~	130990
~~the alternative method of apportionment shall have first been~~	130991
~~approved by all of the following governmental units: the board of~~	130992
~~county commissioners; the legislative authority of the city,~~	130993
~~located wholly or partially in the county, with the greatest~~	130994
~~population; and a majority of the boards of township trustees and~~	130995
~~legislative authorities of municipal corporations, located wholly~~	130996
~~or partially in the county, excluding the legislative authority of~~	130997
~~the city, located wholly or partially in the county, with the~~	130998
~~greatest population. In granting or denying approval for an~~	130999
~~alternative method of apportionment, the board of county~~	131000
~~commissioners, boards of township trustees, and legislative~~	131001
~~authorities of municipal corporations shall act by motion. A~~	131002
~~motion to approve shall be passed upon a majority vote of the~~	131003
~~members of a board of county commissioners, board of township~~	131004
~~trustees, or legislative authority of a municipal corporation,~~	131005
~~shall take effect immediately, and need not be published.~~	131006

Any alternative method of apportionment adopted and approved	131007
under this ~~division~~section may be revised, amended, or repealed	131008
in the same manner as it may be adopted and approved. If an	131009
alternative method of apportionment adopted and approved under	131010
this ~~division~~section is repealed, the undivided local government	131011
fund of the county shall be apportioned among the subdivisions	131012
eligible to participate in the fund, commencing in the ensuing	131013
calendar year, under the apportionment provided in section 5747.52	131014
of the Revised Code~~, unless the repeal occurs by operation of~~	131015
~~division (C) of this section or a new method for apportionment of~~	131016
~~the fund is provided in the action of repeal~~.	131017

~~(C) This division applies only in counties in which the city,~~	131018
~~located wholly or partially in the county, with the greatest~~	131019
~~population has a population of twenty thousand or less and a~~	131020
~~population that is less than fifteen per cent of the total~~	131021
~~population of the county. In such a county, the legislative~~	131022
~~authorities or boards of township trustees of two or more~~	131023
~~participating political subdivisions, which together have a~~	131024
~~population residing in the county that is a majority of the total~~	131025
~~population of the county, each may adopt a resolution to exclude~~	131026
~~the approval otherwise required of the legislative authority of~~	131027
~~the city, located wholly or partially in the county, with the~~	131028
~~greatest population. All of the resolutions to exclude that~~	131029
~~approval shall be adopted not later than the first Monday of~~	131030
~~August of the year preceding the calendar year in which~~	131031
~~distributions are to be made under an alternative method of~~	131032
~~apportionment.~~	131033

~~A motion granting or denying approval of an alternative~~	131034
~~method of apportionment under this division shall be adopted by a~~	131035
~~majority vote of the members of the board of county commissioners~~	131036
~~and by a majority vote of a majority of the boards of township~~	131037
~~trustees and legislative authorities of the municipal corporations~~	131038
~~located wholly or partially in the county, other than the city,~~	131039
~~located wholly or partially in the county, with the greatest~~	131040
~~population, shall take effect immediately, and need not be~~	131041
~~published. The alternative method of apportionment under this~~	131042
~~division shall be adopted and approved annually, not later than~~	131043
~~the first Monday of August of the year preceding the calendar year~~	131044
~~in which distributions are to be made under it. A motion granting~~	131045
~~approval of an alternative method of apportionment under this~~	131046
~~division repeals any existing alternative method of apportionment,~~	131047
~~effective with distributions to be made from the fund in the~~	131048
~~ensuing calendar year. An alternative method of apportionment~~	131049
~~under this division shall not be revised or amended after the~~	131050
~~first Monday of August of the year preceding the calendar year in~~	131051
~~which distributions are to be made under it.~~	131052

~~(D)~~ In determining an alternative method of apportionment	131053
authorized by this section, the county budget commission may	131054
include in the method any factor considered to be appropriate and	131055
reliable, in the sole discretion of the county budget commission.	131056

~~(E) The limitations set forth in section 5747.51 of the~~	131057
~~Revised Code, stating the maximum amount that the county may~~	131058
~~receive from the undivided local government fund and the minimum~~	131059
~~amount the townships in counties having a population of less than~~	131060
~~one hundred thousand may receive from the fund, are applicable to~~	131061
~~any alternative method of apportionment authorized under this~~	131062
~~section.~~	131063

~~(F)~~ On the basis of any alternative method of apportionment	131064
adopted and approved as authorized by this section, as certified	131065
by the auditor to the county treasurer, the county treasurer shall	131066
make distribution of the money in the undivided local government	131067
fund to each subdivision eligible to participate in the fund, and	131068
the auditor, when the amount of those shares is in the custody of	131069
the treasurer in the amounts so computed to be due the respective	131070
subdivisions, shall at the same time certify to the tax	131071
commissioner the percentage share of the county as a subdivision.	131072
All money received into the treasury of a subdivision from the	131073
undivided local government fund in a county treasury shall be paid	131074
into the general fund and used for the current operating expenses	131075
of the subdivision. If a municipal corporation maintains a	131076
municipal university, the university, when the board of trustees	131077
so requests the legislative authority of the municipal	131078
corporation, shall participate in the money apportioned to the	131079
municipal corporation from the total local government fund,	131080
however created and constituted, in the amount requested by the	131081
board of trustees, provided that amount does not exceed nine per	131082
cent of the total amount paid to the municipal corporation.	131083

~~(G)~~ The actions of the county budget commission taken	131084
pursuant to this section are final and may not be appealed to the	131085
board of tax appeals, except on the issues of abuse of discretion	131086
and failure to comply with the formula.	131087

Sec. 5748.01. As used in this chapter:

131088

(A) "School district income tax" means an income tax adopted	131089
under one of the following:	131090

(1) Former section 5748.03 of the Revised Code as it existed	131091
prior to its repeal by Amended Substitute House Bill No. 291 of	131092
the 115th general assembly;	131093

(2) Section 5748.03 of the Revised Code as enacted in	131094
Substitute Senate Bill No. 28 of the 118th general assembly;	131095

(3) Section 5748.08 of the Revised Code as enacted in Amended	131096
Substitute Senate Bill No. 17 of the 122nd general assembly;	131097

(4) Section 5748.021 of the Revised Code;

131098

(5) Section 5748.081 of the Revised Code;

131099

(6) Section 5748.09 of the Revised Code.

131100

(B) "Individual" means an individual subject to the tax	131101
levied by section 5747.02 of the Revised Code.	131102

(C) "Estate" means an estate subject to the tax levied by	131103
section 5747.02 of the Revised Code.	131104

(D) "Taxable year" means a taxable year as defined in	131105
division (M) of section 5747.01 of the Revised Code.	131106

(E) "Taxable income" means:

131107

(1) In the case of an individual, one of the following, as	131108
specified in the resolution imposing the tax:	131109

(a) Ohio adjusted gross income for the taxable year as	131110
defined in division (A) of section 5747.01 of the Revised Code,	131111
less the exemptions provided by section 5747.02 of the Revised	131112
Code;	131113

(b) Wages, salaries, tips, and other employee compensation to	131114
the extent included in Ohio adjusted gross income as defined in	131115
section 5747.01 of the Revised Code, and net earnings from	131116
self-employment, as defined in section 1402(a) of the Internal	131117
Revenue Code, to the extent included in Ohio adjusted gross	131118
income.	131119

(2) In the case of an estate, taxable income for the taxable	131120
year as defined in division (S) of section 5747.01 of the Revised	131121
Code.	131122

(F) "Resident" of the school district means:

131123

(1) An individual who is a resident of this state as defined	131124
in division (I) of section 5747.01 of the Revised Code during all	131125
or a portion of the taxable year and who, during all or a portion	131126
of such period of state residency, is domiciled in the school	131127
district or lives in and maintains a permanent place of abode in	131128
the school district;	131129

(2) An estate of a decedent who, at the time of death, was	131130
domiciled in the school district.	131131

(G) "School district income" means:

131132

(1) With respect to an individual, the portion of the taxable	131133
income of an individual that is received by the individual during	131134
the portion of the taxable year that the individual is a resident	131135
of the school district and the school district income tax is in	131136
effect in that school district. An individual may have school	131137
district income with respect to more than one school district.	131138

(2) With respect to an estate, the taxable income of the	131139
estate for the portion of the taxable year that the school	131140
district income tax is in effect in that school district.	131141

(H) "Taxpayer" means an individual or estate having school	131142
district income upon which a school district income tax is	131143
imposed.	131144

(I) "School district purposes" means any of the purposes for	131145
which a tax may be levied pursuant to section 5705.21 of the	131146
Revised Code, including the combined purposes authorized by	131147
section 5705.217 of the Revised Code.	131148

Sec. 5748.02. (A) The board of education of any school	131149
district, except a joint vocational school district, may declare,	131150
by resolution, the necessity of raising annually a specified	131151
amount of money for school district purposes. The resolution shall	131152
specify whether the income that is to be subject to the tax is	131153
taxable income of individuals and estates as defined in divisions	131154
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	131155
taxable income of individuals as defined in division (E)(1)(b) of	131156
that section. A copy of the resolution shall be certified to the	131157
tax commissioner no later than one hundred days prior to the date	131158
of the election at which the board intends to propose a levy under	131159
this section. Upon receipt of the copy of the resolution, the tax	131160
commissioner shall estimate both of the following:	131161

(1) The property tax rate that would have to be imposed in	131162
the current year by the district to produce an equivalent amount	131163
of money;	131164

(2) The income tax rate that would have had to have been in	131165
effect for the current year to produce an equivalent amount of	131166
money from a school district income tax.	131167

Within ten days of receiving the copy of the board's	131168
resolution, the commissioner shall prepare these estimates and	131169
certify them to the board. Upon receipt of the certification, the	131170
board may adopt a resolution proposing an income tax under	131171
division (B) of this section at the estimated rate contained in	131172
the certification rounded to the nearest one-fourth of one per	131173
cent. The commissioner's certification applies only to the board's	131174
proposal to levy an income tax at the election for which the board	131175
requested the certification. If the board intends to submit a	131176
proposal to levy an income tax at any other election, it shall	131177
request another certification for that election in the manner	131178
prescribed in this division.	131179

(B)(1) Upon the receipt of a certification from the tax	131180
commissioner under division (A) of this section, a majority of the	131181
members of a board of education may adopt a resolution proposing	131182
the levy of an annual tax for school district purposes on school	131183
district income. The proposed levy may be for a continuing period	131184
of time or for a specified number of years. The resolution shall	131185
set forth the purpose for which the tax is to be imposed, the rate	131186
of the tax, which shall be the rate set forth in the	131187
commissioner's certification rounded to the nearest one-fourth of	131188
one per cent, the number of years the tax will be levied or that	131189
it will be levied for a continuing period of time, the date on	131190
which the tax shall take effect, which shall be the first day of	131191
January of any year following the year in which the question is	131192
submitted, and the date of the election at which the proposal	131193
shall be submitted to the electors of the district, which shall be	131194
on the date of a primary, general, or special election the date of	131195
which is consistent with section 3501.01 of the Revised Code. The	131196
resolution shall specify whether the income that is to be subject	131197
to the tax is taxable income of individuals and estates as defined	131198
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised	131199
Code or taxable income of individuals as defined in division	131200
(E)(1)(b) of that section. The specification shall be the same as	131201
the specification in the resolution adopted and certified under	131202
division (A) of this section.	131203

If the tax is to be levied for current expenses and permanent	131204
improvements, the resolution shall apportion the annual rate of	131205
the tax. The apportionment may be the same or different for each	131206
year the tax is levied, but the respective portions of the rate	131207
actually levied each year for current expenses and for permanent	131208
improvements shall be limited by the apportionment.	131209

If the board of education currently imposes an income tax	131210
pursuant to this chapter that is due to expire and a question is	131211
submitted under this section for a proposed income tax to take	131212
effect upon the expiration of the existing tax, the board may	131213
specify in the resolution that the proposed tax renews the	131214
expiring tax. Two or more expiring income taxes may be renewed	131215
under this paragraph if the taxes are due to expire on the same	131216
date. If the tax rate being proposed is no higher than the total	131217
tax rate imposed by the expiring tax or taxes, the resolution may	131218
state that the proposed tax is not an additional income tax.	131219

(2) A board of education adopting a resolution under division	131220
(B)(1) of this section proposing a school district income tax for	131221
a continuing period of time and limited to the purpose of current	131222
expenses may propose in that resolution to reduce the rate or	131223
rates of one or more of the school district's property taxes	131224
levied for a continuing period of time in excess of the ten-mill	131225
limitation for the purpose of current expenses. The reduction in	131226
the rate of a property tax may be any amount, expressed in mills	131227
per one dollar in valuation, not exceeding the rate at which the	131228
tax is authorized to be levied. The reduction in the rate of a tax	131229
shall first take effect for the tax year that includes the day on	131230
which the school district income tax first takes effect, and shall	131231
continue for each tax year that both the school district income	131232
tax and the property tax levy are in effect.	131233

In addition to the matters required to be set forth in the	131234
resolution under division (B)(1) of this section, a resolution	131235
containing a proposal to reduce the rate of one or more property	131236
taxes shall state for each such tax the maximum rate at which it	131237
currently may be levied and the maximum rate at which the tax	131238
could be levied after the proposed reduction, expressed in mills	131239
per one dollar in valuation, and that the tax is levied for a	131240
continuing period of time.	131241

If a board of education proposes to reduce the rate of one or	131242
more property taxes under division (B)(2) of this section, the	131243
board, when it makes the certification required under division (A)	131244
of this section, shall designate the specific levy or levies to be	131245
reduced, the maximum rate at which each levy currently is	131246
authorized to be levied, and the rate by which each levy is	131247
proposed to be reduced. The tax commissioner, when making the	131248
certification to the board under division (A) of this section,	131249
also shall certify the reduction in the total effective tax rate	131250
for current expenses for each class of property that would have	131251
resulted if the proposed reduction in the rate or rates had been	131252
in effect the previous tax year. As used in this paragraph,	131253
"effective tax rate" has the same meaning as in section 323.08 of	131254
the Revised Code.	131255

(C) A resolution adopted under division (B) of this section	131256
shall go into immediate effect upon its passage, and no	131257
publication of the resolution shall be necessary other than that	131258
provided for in the notice of election. Immediately after its	131259
adoption and at least ninety days prior to the election at which	131260
the question will appear on the ballot, a copy of the resolution	131261
shall be certified to the board of elections of the proper county,	131262
which shall submit the proposal to the electors on the date	131263
specified in the resolution. The form of the ballot shall be as	131264
provided in section 5748.03 of the Revised Code. Publication of	131265
notice of the election shall be made in ~~one or more newspapers~~a	131266
newspaper of general circulation in the county once a week for two	131267
consecutive weeks, or as provided in section 7.16 of the Revised	131268
Code, prior to the election~~, and, if~~. If the board of elections	131269
operates and maintains a web site, the board of elections shall	131270
post notice of the election on its web site for thirty days prior	131271
to the election. The notice shall contain the time and place of	131272
the election and the question to be submitted to the electors. The	131273
question covered by the resolution shall be submitted as a	131274
separate proposition, but may be printed on the same ballot with	131275
any other proposition submitted at the same election, other than	131276
the election of officers.	131277

(D) No board of education shall submit the question of a tax	131278
on school district income to the electors of the district more	131279
than twice in any calendar year. If a board submits the question	131280
twice in any calendar year, one of the elections on the question	131281
shall be held on the date of the general election.	131282

(E)(1) No board of education may submit to the electors of	131283
the district the question of a tax on school district income on	131284
the taxable income of individuals as defined in division (E)(1)(b)	131285
of section 5748.01 of the Revised Code if that tax would be in	131286
addition to an existing tax on the taxable income of individuals	131287
and estates as defined in divisions (E)(1)(a) and (2) of that	131288
section.	131289

(2) No board of education may submit to the electors of the	131290
district the question of a tax on school district income on the	131291
taxable income of individuals and estates as defined in divisions	131292
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that	131293
tax would be in addition to an existing tax on the taxable income	131294
of individuals as defined in division (E)(1)(b) of that section.	131295

Sec. 5748.021. A board of education that levies a tax under	131296
section 5748.02 of the Revised Code on the school district income	131297
of individuals and estates as defined in divisions (G) and	131298
(E)(1)(a) and (2) of section 5748.01 of the Revised Code may	131299
declare, at any time, by a resolution adopted by a majority of its	131300
members, the necessity of raising annually a specified amount of	131301
money for school district purposes by replacing the existing tax	131302
with a tax on the school district income of individuals as defined	131303
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the	131304
Revised Code. The specified amount of money to be raised annually	131305
may be the same as, or more or less than, the amount of money	131306
raised annually by the existing tax.	131307

The board shall certify a copy of the resolution to the tax	131308
commissioner not later than the eighty-fifth day before the date	131309
of the election at which the board intends to propose the	131310
replacement to the electors of the school district. Not later than	131311
the tenth day after receiving the resolution, the tax commissioner	131312
shall estimate the tax rate that would be required in the school	131313
district annually to raise the amount of money specified in the	131314
resolution. The tax commissioner shall certify the estimate to the	131315
board.	131316

Upon receipt of the tax commissioner's estimate, the board	131317
may propose, by a resolution adopted by a majority of its members,	131318
to replace the existing tax on the school district income of	131319
individuals and estates as defined in divisions (G) and (E)(1)(a)	131320
and (2) of section 5748.01 of the Revised Code with the levy of an	131321
annual tax on the school district income of individuals as defined	131322
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the	131323
Revised Code. In the resolution, the board shall specify the rate	131324
of the replacement tax, whether the replacement tax is to be	131325
levied for a specified number of years or for a continuing time,	131326
the specific school district purposes for which the replacement	131327
tax is to be levied, the date on which the replacement tax will	131328
begin to be levied, the date of the election at which the question	131329
of the replacement is to be submitted to the electors of the	131330
school district, that the existing tax will cease to be levied and	131331
the replacement tax will begin to be levied if the replacement is	131332
approved by a majority of the electors voting on the replacement,	131333
and that if the replacement is not approved by a majority of the	131334
electors voting on the replacement the existing tax will remain in	131335
effect under its original authority for the remainder of its	131336
previously approved term. The resolution goes into immediate	131337
effect upon its adoption. Publication of the resolution is not	131338
necessary, and the information that will be provided in the notice	131339
of election is sufficient notice. At least seventy-five days	131340
before the date of the election at which the question of the	131341
replacement will be submitted to the electors of the school	131342
district, the board shall certify a copy of the resolution to the	131343
board of elections.	131344

The replacement tax shall have the same specific school	131345
district purposes as the existing tax, and its rate shall be the	131346
same as the tax commissioner's estimate rounded to the nearest	131347
one-fourth of one per cent. The replacement tax shall begin to be	131348
levied on the first day of January of the year following the year	131349
in which the question of the replacement is submitted to and	131350
approved by the electors of the school district or on the first	131351
day of January of a later year, as specified in the resolution.	131352
The date of the election shall be the date of an otherwise	131353
scheduled primary, general, or special election.	131354

The board of elections shall make arrangements to submit the	131355
question of the replacement to the electors of the school district	131356
on the date specified in the resolution. The board of elections	131357
shall publish notice of the election on the question of the	131358
replacement in one ~~or more newspapers~~newspaper of general	131359
circulation in the school district once a week for four	131360
consecutive weeks or as provided in section 7.16 of the Revised	131361
Code. The notice shall set forth the question to be submitted to	131362
the electors and the time and place of the election thereon.	131363

The question shall be submitted to the electors of the school	131364
district as a separate proposition, but may be printed on the same	131365
ballot with other propositions that are submitted at the same	131366
election, other than the election of officers. The form of the	131367
ballot shall be substantially as follows:	131368

"Shall the existing tax of ..... (state the rate) on the	131369
school district income of individuals and estates imposed by .....	131370
(state the name of the school district) be replaced by a tax of	131371
..... (state the rate) on the earned income of individuals	131372
residing in the school district for ..... (state the number of	131373
years the tax is to be in effect or that it will be in effect for	131374
a continuing time), beginning ..... (state the date the new tax	131375
will take effect), for the purpose of ..... (state the specific	131376
school district purposes of the tax)? If the new tax is not	131377
approved, the existing tax will remain in effect under its	131378
original authority, for the remainder of its previously approved	131379
term.	131380

		For replacing the existing tax with the new tax			131381
		Against replacing the existing tax with the new tax	"		131382

The board of elections shall conduct and canvass the election	131383
in the same manner as regular elections in the school district for	131384
the election of county officers. The board shall certify the	131385
results of the election to the board of education and to the tax	131386
commissioner. If a majority of the electors voting on the question	131387
vote in favor of the replacement, the existing tax shall cease to	131388
be levied, and the replacement tax shall begin to be levied, on	131389
the date specified in the ballot question. If a majority of the	131390
electors voting on the question vote against the replacement, the	131391
existing tax shall continue to be levied under its original	131392
authority, for the remainder of its previously approved term.	131393

A board of education may not submit the question of replacing	131394
a tax more than twice in a calendar year. If a board submits the	131395
question more than once, one of the elections at which the	131396
question is submitted shall be on the date of a general election.	131397

If a board of education later intends to renew a replacement	131398
tax levied under this section, it shall repeat the procedure	131399
outlined in this section to do so, the replacement tax then being	131400
levied being the "existing tax" and the renewed replacement tax	131401
being the "replacement tax."	131402

Sec. 5748.04. (A) The question of the repeal of a school	131403
district income tax levied for more than five years may be	131404
initiated not more than once in any five-year period by filing	131405
with the board of elections of the appropriate counties not later	131406
than ninety days before the general election in any year after the	131407
year in which it is approved by the electors a petition requesting	131408
that an election be held on the question. The petition shall be	131409
signed by qualified electors residing in the school district	131410
levying the income tax equal in number to ten per cent of those	131411
voting for governor at the most recent gubernatorial election.	131412

The board of elections shall determine whether the petition	131413
is valid, and if it so determines, it shall submit the question to	131414
the electors of the district at the next general election. The	131415
election shall be conducted, canvassed, and certified in the same	131416
manner as regular elections for county offices in the county.	131417
Notice of the election shall be published in a newspaper of	131418
general circulation in the district once a week for two	131419
consecutive weeks, or as provided in section 7.16 of the Revised	131420
Code, prior to the election~~, and, if~~. If the board of elections	131421
operates and maintains a web site, the board of elections shall	131422
post notice of the election on its web site for thirty days prior	131423
to the election. The notice shall state the purpose, time, and	131424
place of the election. The form of the ballot cast at the election	131425
shall be as follows:	131426

"Shall the annual income tax of ..... per cent, currently	131427
levied on the school district income of individuals and estates by	131428
.......... (state the name of the school district) for the purpose	131429
of .......... (state purpose of the tax), be repealed?	131430

131431

		For repeal of the income tax			131432
		Against repeal of the income tax	"		131433

131434

(B)(1) If the tax is imposed on taxable income as defined in	131435
division (E)(1)(b) of section 5748.01 of the Revised Code, the	131436
form of the ballot shall be modified by stating that the tax	131437
currently is levied on the "earned income of individuals residing	131438
in the school district" in lieu of the "school district income of	131439
individuals and estates."	131440

(2) If the rate of one or more property tax levies was	131441
reduced for the duration of the income tax levy pursuant to	131442
division (B)(2) of section 5748.02 of the Revised Code, the form	131443
of the ballot shall be modified by adding the following language	131444
immediately after "repealed": ", and shall the rate of an existing	131445
tax on property for the purpose of current expenses, which rate	131446
was reduced for the duration of the income tax, be INCREASED from	131447
..... mills to ..... mills per one dollar of valuation beginning	131448
in ..... (state the first year for which the rate of the property	131449
tax will increase)." In lieu of "for repeal of the income tax" and	131450
"against repeal of the income tax," the phrases "for the issue"	131451
and "against the issue," respectively, shall be substituted.	131452

(3) If the rate of more than one property tax was reduced for	131453
the duration of the income tax, the ballot language shall be	131454
modified accordingly to express the rates at which those taxes	131455
currently are levied and the rates to which the taxes would be	131456
increased.	131457

(C) The question covered by the petition shall be submitted	131458
as a separate proposition, but it may be printed on the same	131459
ballot with any other proposition submitted at the same election	131460
other than the election of officers. If a majority of the	131461
qualified electors voting on the question vote in favor of it, the	131462
result shall be certified immediately after the canvass by the	131463
board of elections to the board of education of the school	131464
district and the tax commissioner, who shall thereupon, after the	131465
current year, cease to levy the tax, except that if notes have	131466
been issued pursuant to section 5748.05 of the Revised Code the	131467
tax commissioner shall continue to levy and collect under	131468
authority of the election authorizing the levy an annual amount,	131469
rounded upward to the nearest one-fourth of one per cent, as will	131470
be sufficient to pay the debt charges on the notes as they fall	131471
due.	131472

(D) If a school district income tax repealed pursuant to this	131473
section was approved in conjunction with a reduction in the rate	131474
of one or more school district property taxes as provided in	131475
division (B)(2) of section 5748.02 of the Revised Code, then each	131476
such property tax may be levied after the current year at the rate	131477
at which it could be levied prior to the reduction, subject to any	131478
adjustments required by the county budget commission pursuant to	131479
Chapter 5705. of the Revised Code. Upon the repeal of a school	131480
district income tax under this section, the board of education may	131481
resume levying a property tax, the rate of which has been reduced	131482
pursuant to a question approved under section 5748.02 of the	131483
Revised Code, at the rate the board originally was authorized to	131484
levy the tax. A reduction in the rate of a property tax under	131485
section 5748.02 of the Revised Code is a reduction in the rate at	131486
which a board of education may levy that tax only for the period	131487
during which a school district income tax is levied prior to any	131488
repeal pursuant to this section. The resumption of the authority	131489
to levy the tax upon such a repeal does not constitute a tax	131490
levied in excess of the one per cent limitation prescribed by	131491
Section 2 of Article XII, Ohio Constitution, or in excess of the	131492
ten-mill limitation.	131493

(E) This section does not apply to school district income tax	131494
levies that are levied for five or fewer years.	131495

Sec. 5748.05. After the approval by the electors of a	131496
resolution under section 5748.03 or, 5748.08, or 5748.09 of the	131497
Revised Code to impose a school district income tax to provide an	131498
increase in current operating revenues or in current revenues for	131499
permanent improvements and prior to the time when the first	131500
payment to the district from the tax can be made, a board of	131501
education may anticipate a fraction of the proceeds of the tax and	131502
issue anticipation notes in an amount not exceeding fifty per cent	131503
of the total estimated proceeds of the tax to be collected for its	131504
first year of collection as estimated by the tax commissioner. The	131505
anticipation notes are Chapter 133. securities and shall be issued	131506
as provided in section 133.24 of the Revised Code as if property	131507
tax anticipation notes. The notes shall have principal payments	131508
during each year after their year of issuance over a period not to	131509
exceed five years and, if determined by the board of education,	131510
during the year of their issuance. The legislation authorizing	131511
issuance of the notes may also provide for the annual levy and	131512
collection of voted ad valorem property taxes levied for the	131513
applicable purpose for which the notes are issued and for the	131514
application of the proceeds of the levy to the extent necessary to	131515
pay annual debt charges on the notes.	131516

Sec. 5748.08. (A) The board of education of a city, local,	131517
or exempted village school district, at any time by a vote of	131518
two-thirds of all its members, may declare by resolution that it	131519
may be necessary for the school district to do all of the	131520
following:	131521

(1) Raise a specified amount of money for school district	131522
purposes by levying an annual tax on school district income;	131523

(2) Issue general obligation bonds for permanent	131524
improvements, stating in the resolution the necessity and purpose	131525
of the bond issue and the amount, approximate date, estimated rate	131526
of interest, and maximum number of years over which the principal	131527
of the bonds may be paid;	131528

(3) Levy a tax outside the ten-mill limitation to pay debt	131529
charges on the bonds and any anticipatory securities;	131530

(4) Submit the question of the school district income tax and	131531
bond issue to the electors of the district at a special election.	131532

The resolution shall specify whether the income that is to be	131533
subject to the tax is taxable income of individuals and estates as	131534
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the	131535
Revised Code or taxable income of individuals as defined in	131536
division (E)(1)(b) of that section.	131537

On adoption of the resolution, the board shall certify a copy	131538
of it to the tax commissioner and the county auditor no later than	131539
one hundred five days prior to the date of the special election at	131540
which the board intends to propose the income tax and bond issue.	131541
Not later than ten days of receipt of the resolution, the tax	131542
commissioner, in the same manner as required by division (A) of	131543
section 5748.02 of the Revised Code, shall estimate the rates	131544
designated in divisions (A)(1) and (2) of that section and certify	131545
them to the board. Not later than ten days of receipt of the	131546
resolution, the county auditor shall estimate and certify to the	131547
board the average annual property tax rate required throughout the	131548
stated maturity of the bonds to pay debt charges on the bonds, in	131549
the same manner as under division (C) of section 133.18 of the	131550
Revised Code.	131551

(B) On receipt of the tax commissioner's and county auditor's	131552
certifications prepared under division (A) of this section, the	131553
board of education of the city, local, or exempted village school	131554
district, by a vote of two-thirds of all its members, may adopt a	131555
resolution proposing for a specified number of years or for a	131556
continuing period of time the levy of an annual tax for school	131557
district purposes on school district income and declaring that the	131558
amount of taxes that can be raised within the ten-mill limitation	131559
will be insufficient to provide an adequate amount for the present	131560
and future requirements of the school district; that it is	131561
necessary to issue general obligation bonds of the school district	131562
for specified permanent improvements and to levy an additional tax	131563
in excess of the ten-mill limitation to pay the debt charges on	131564
the bonds and any anticipatory securities; and that the question	131565
of the bonds and taxes shall be submitted to the electors of the	131566
school district at a special election, which shall not be earlier	131567
than ninety days after certification of the resolution to the	131568
board of elections, and the date of which shall be consistent with	131569
section 3501.01 of the Revised Code. The resolution shall specify	131570
all of the following:	131571

(1) The purpose for which the school district income tax is	131572
to be imposed and the rate of the tax, which shall be the rate set	131573
forth in the tax commissioner's certification rounded to the	131574
nearest one-fourth of one per cent;	131575

(2) Whether the income that is to be subject to the tax is	131576
taxable income of individuals and estates as defined in divisions	131577
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	131578
taxable income of individuals as defined in division (E)(1)(b) of	131579
that section. The specification shall be the same as the	131580
specification in the resolution adopted and certified under	131581
division (A) of this section.	131582

(3) The number of years the tax will be levied, or that it	131583
will be levied for a continuing period of time;	131584

(4) The date on which the tax shall take effect, which shall	131585
be the first day of January of any year following the year in	131586
which the question is submitted;	131587

(5) The county auditor's estimate of the average annual	131588
property tax rate required throughout the stated maturity of the	131589
bonds to pay debt charges on the bonds.	131590

(C) A resolution adopted under division (B) of this section	131591
shall go into immediate effect upon its passage, and no	131592
publication of the resolution shall be necessary other than that	131593
provided for in the notice of election. Immediately after its	131594
adoption and at least ninety days prior to the election at which	131595
the question will appear on the ballot, the board of education	131596
shall certify a copy of the resolution, along with copies of the	131597
auditor's estimate and its resolution under division (A) of this	131598
section, to the board of elections of the proper county. The board	131599
of education shall make the arrangements for the submission of the	131600
question to the electors of the school district, and the election	131601
shall be conducted, canvassed, and certified in the same manner as	131602
regular elections in the district for the election of county	131603
officers.	131604

The resolution shall be put before the electors as one ballot	131605
question, with a majority vote indicating approval of the school	131606
district income tax, the bond issue, and the levy to pay debt	131607
charges on the bonds and any anticipatory securities. The board of	131608
elections shall publish the notice of the election in ~~one or more~~	131609
~~newspapers~~a newspaper of general circulation in the school	131610
district once a week for two consecutive weeks, or as provided in	131611
section 7.16 of the Revised Code, prior to the election ~~and, if~~.	131612
If the board of elections operates and maintains a web site, it	131613
also shall post notice of the election on its web site for thirty	131614
days prior to the election. The notice of election shall state all	131615
of the following:	131616

(1) The questions to be submitted to the electors;

131617

(2) The rate of the school district income tax;

131618

(3) The principal amount of the proposed bond issue;

131619

(4) The permanent improvements for which the bonds are to be	131620
issued;	131621

(5) The maximum number of years over which the principal of	131622
the bonds may be paid;	131623

(6) The estimated additional average annual property tax rate	131624
to pay the debt charges on the bonds, as certified by the county	131625
auditor;	131626

(7) The time and place of the special election.

131627

(D) The form of the ballot on a question submitted to the	131628
electors under this section shall be as follows:	131629

"Shall the ........ school district be authorized to do both	131630
of the following:	131631

(1) Impose an annual income tax of ...... (state the proposed	131632
rate of tax) on the school district income of individuals and of	131633
estates, for ........ (state the number of years the tax would be	131634
levied, or that it would be levied for a continuing period of	131635
time), beginning ........ (state the date the tax would first take	131636
effect), for the purpose of ........ (state the purpose of the	131637
tax)?	131638

(2) Issue bonds for the purpose of ....... in the principal	131639
amount of $......, to be repaid annually over a maximum period of	131640
....... years, and levy a property tax outside the ten-mill	131641
limitation estimated by the county auditor to average over the	131642
bond repayment period ....... mills for each one dollar of tax	131643
valuation, which amounts to ....... (rate expressed in cents or	131644
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	131645
tax valuation, to pay the annual debt charges on the bonds, and to	131646
pay debt charges on any notes issued in anticipation of those	131647
bonds?	131648

131649

		FOR THE INCOME TAX AND BOND ISSUE			131650
		AGAINST THE INCOME TAX AND BOND ISSUE	"		131651

131652

(E) If the question submitted to electors proposes a school	131653
district income tax only on the taxable income of individuals as	131654
defined in division (E)(1)(b) of section 5748.01 of the Revised	131655
Code, the form of the ballot shall be modified by stating that the	131656
tax is to be levied on the "earned income of individuals residing	131657
in the school district" in lieu of the "school district income of	131658
individuals and of estates."	131659

(F) The board of elections promptly shall certify the results	131660
of the election to the tax commissioner and the county auditor of	131661
the county in which the school district is located. If a majority	131662
of the electors voting on the question vote in favor of it, the	131663
income tax and the applicable provisions of Chapter 5747. of the	131664
Revised Code shall take effect on the date specified in the	131665
resolution, and the board of education may proceed with issuance	131666
of the bonds and with the levy and collection of the property	131667
taxes to pay debt charges on the bonds, at the additional rate or	131668
any lesser rate in excess of the ten-mill limitation. Any	131669
securities issued by the board of education under this section are	131670
Chapter 133. securities, as that term is defined in section 133.01	131671
of the Revised Code.	131672

(G) After approval of a question under this section, the	131673
board of education may anticipate a fraction of the proceeds of	131674
the school district income tax in accordance with section 5748.05	131675
of the Revised Code. Any anticipation notes under this division	131676
shall be issued as provided in section 133.24 of the Revised Code,	131677
shall have principal payments during each year after the year of	131678
their issuance over a period not to exceed five years, and may	131679
have a principal payment in the year of their issuance.	131680

(H) The question of repeal of a school district income tax	131681
levied for more than five years may be initiated and submitted in	131682
accordance with section 5748.04 of the Revised Code.	131683

(I) No board of education shall submit a question under this	131684
section to the electors of the school district more than twice in	131685
any calendar year. If a board submits the question twice in any	131686
calendar year, one of the elections on the question shall be held	131687
on the date of the general election.	131688

Sec. 5748.081. A board of education of a school district	131689
that, under divisions (A)(1), (D)(1), and (E) of section 5748.08	131690
or under section 5748.09 of the Revised Code, levies a tax on the	131691
school district income of individuals and estates as defined in	131692
divisions (G) and (E)(1)(a) and (2) of section 5748.01 of the	131693
Revised Code may replace that tax with a tax on the school	131694
district income of individuals as defined in divisions (G)(1) and	131695
(E)(1)(b) of section 5748.01 of the Revised Code by following the	131696
procedure outlined in, and subject to the conditions specified in,	131697
section 5748.021 of the Revised Code, as if the existing tax	131698
levied under section 5748.08 or 5748.09 were levied under section	131699
5748.02 of the Revised Code. The tax commissioner and the board of	131700
elections shall perform duties in response to the actions of the	131701
board of education under this section as directed in section	131702
5748.021 of the Revised Code.	131703

Sec. 5748.09. (A) The board of education of a city, local, or	131704
exempted village school district, at any time by a vote of	131705
two-thirds of all its members, may declare by resolution that it	131706
may be necessary for the school district to do all of the	131707
following:	131708

(1) Raise a specified amount of money for school district	131709
purposes by levying an annual tax on school district income;	131710

(2) Levy an additional property tax in excess of the ten-mill	131711
limitation for the purpose of providing for the necessary	131712
requirements of the district, stating in the resolution the amount	131713
of money to be raised each year for such purpose;	131714

(3) Submit the question of the school district income tax and	131715
property tax to the electors of the district at a special	131716
election.	131717

The resolution shall specify whether the income that is to be	131718
subject to the tax is taxable income of individuals and estates as	131719
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the	131720
Revised Code or taxable income of individuals as defined in	131721
division (E)(1)(b) of that section.	131722

On adoption of the resolution, the board shall certify a copy	131723
of it to the tax commissioner and the county auditor not later	131724
than one hundred days prior to the date of the special election at	131725
which the board intends to propose the income tax and property	131726
tax. Not later than ten days after receipt of the resolution, the	131727
tax commissioner, in the same manner as required by division (A)	131728
of section 5748.02 of the Revised Code, shall estimate the rates	131729
designated in divisions (A)(1) and (2) of that section and certify	131730
them to the board. Not later than ten days after receipt of the	131731
resolution, the county auditor, in the same manner as required by	131732
section 5705.195 of the Revised Code, shall make the calculation	131733
specified in that section and certify it to the board.	131734

(B) On receipt of the tax commissioner's and county auditor's	131735
certifications prepared under division (A) of this section, the	131736
board of education of the city, local, or exempted village school	131737
district, by a vote of two-thirds of all its members, may adopt a	131738
resolution declaring that the amount of taxes that can be raised	131739
by all tax levies the district is authorized to impose, when	131740
combined with state and federal revenues, will be insufficient to	131741
provide an adequate amount for the present and future requirements	131742
of the school district, and that it is therefore necessary to	131743
levy, for a specified number of years or for a continuing period	131744
of time, an annual tax for school district purposes on school	131745
district income, and to levy, for a specified number of years not	131746
exceeding ten or for a continuing period of time, an additional	131747
property tax in excess of the ten-mill limitation for the purpose	131748
of providing for the necessary requirements of the district, and	131749
declaring that the question of the school district income tax and	131750
property tax shall be submitted to the electors of the school	131751
district at a special election, which shall not be earlier than	131752
ninety days after certification of the resolution to the board of	131753
elections, and the date of which shall be consistent with section	131754
3501.01 of the Revised Code. The resolution shall specify all of	131755
the following:	131756

(1) The purpose for which the school district income tax is	131757
to be imposed and the rate of the tax, which shall be the rate set	131758
forth in the tax commissioner's certification rounded to the	131759
nearest one-fourth of one per cent;	131760

(2) Whether the income that is to be subject to the tax is	131761
taxable income of individuals and estates as defined in divisions	131762
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	131763
taxable income of individuals as defined in division (E)(1)(b) of	131764
that section. The specification shall be the same as the	131765
specification in the resolution adopted and certified under	131766
division (A) of this section.	131767

(3) The number of years the school district income tax will	131768
be levied, or that it will be levied for a continuing period of	131769
time;	131770

(4) The date on which the school district income tax shall	131771
take effect, which shall be the first day of January of any year	131772
following the year in which the question is submitted;	131773

(5) The amount of money it is necessary to raise for the	131774
purpose of providing for the necessary requirements of the	131775
district for each year the property tax is to be imposed;	131776

(6) The number of years the property tax will be levied, or	131777
that it will be levied for a continuing period of time;	131778

(7) The tax list upon which the property tax shall be first	131779
levied, which may be the current year's tax list;	131780

(8) The amount of the average tax levy, expressed in dollars	131781
and cents for each one hundred dollars of valuation as well as in	131782
mills for each one dollar of valuation, estimated by the county	131783
auditor under division (A) of this section.	131784

(C) A resolution adopted under division (B) of this section	131785
shall go into immediate effect upon its passage, and no	131786
publication of the resolution shall be necessary other than that	131787
provided for in the notice of election. Immediately after its	131788
adoption and at least ninety days prior to the election at which	131789
the question will appear on the ballot, the board of education	131790
shall certify a copy of the resolution, along with copies of the	131791
county auditor's certification and the resolution under division	131792
(A) of this section, to the board of elections of the proper	131793
county. The board of education shall make the arrangements for the	131794
submission of the question to the electors of the school district,	131795
and the election shall be conducted, canvassed, and certified in	131796
the same manner as regular elections in the district for the	131797
election of county officers.	131798

The resolution shall be put before the electors as one ballot	131799
question, with a majority vote indicating approval of the school	131800
district income tax and the property tax. The board of elections	131801
shall publish the notice of the election in a newspaper of general	131802
circulation in the school district once a week for two consecutive	131803
weeks, or as provided in section 7.16 of the Revised Code, prior	131804
to the election. If the board of elections operates and maintains	131805
a web site, also shall post notice of the election on its web site	131806
for thirty days prior to the election. The notice of election	131807
shall state all of the following:	131808

(1) The questions to be submitted to the electors as a single	131809
ballot question;	131810

(2) The rate of the school district income tax;

131811

(3) The number of years the school district income tax will	131812
be levied or that it will be levied for a continuing period of	131813
time;	131814

(4) The annual proceeds of the proposed property tax levy for	131815
the purpose of providing for the necessary requirements of the	131816
district;	131817

(5) The number of years during which the property tax levy	131818
shall be levied, or that it shall be levied for a continuing	131819
period of time;	131820

(6) The estimated average additional tax rate of the property	131821
tax, expressed in dollars and cents for each one hundred dollars	131822
of valuation as well as in mills for each one dollar of valuation,	131823
outside the limitation imposed by Section 2 of Article XII, Ohio	131824
Constitution, as certified by the county auditor;	131825

(7) The time and place of the special election.

131826

(D) The form of the ballot on a question submitted to the	131827
electors under this section shall be as follows:	131828

"Shall the ..... school district be authorized to do both of	131829
the following:	131830

(1) Impose an annual income tax of ...... (state the proposed	131831
rate of tax) on the school district income of individuals and of	131832
estates, for ........ (state the number of years the tax would be	131833
levied, or that it would be levied for a continuing period of	131834
time), beginning ........ (state the date the tax would first take	131835
effect), for the purpose of ........ (state the purpose of the	131836
tax)?	131837

(2) Impose a property tax levy outside of the ten-mill	131838
limitation for the purpose of providing for the necessary	131839
requirements of the district in the sum of ..................	131840
(here insert annual amount the levy is to produce), estimated by	131841
the county auditor to average ................ (here insert number	131842
of mills) mills for each one dollar of valuation, which amounts to	131843
................ (here insert rate expressed in dollars and cents)	131844
for each one hundred dollars of valuation, for ..............	131845
(state the number of years the tax is to be imposed or that it	131846
will be imposed for a continuing period of time), commencing in	131847
.......... (first year the tax is to be levied), first due in	131848
calendar year ............ (first calendar year in which the tax	131849
shall be due)?	131850

131851

		FOR THE INCOME TAX AND PROPERTY TAX			131852
		AGAINST THE INCOME TAX AND PROPERTY TAX	"		131853

131854

If the question submitted to electors proposes a school	131855
district income tax only on the taxable income of individuals as	131856
defined in division (E)(1)(b) of section 5748.01 of the Revised	131857
Code, the form of the ballot shall be modified by stating that the	131858
tax is to be levied on the "earned income of individuals residing	131859
in the school district" in lieu of the "school district income of	131860
individuals and of estates."	131861

(E) The board of elections promptly shall certify the results	131862
of the election to the tax commissioner and the county auditor of	131863
the county in which the school district is located. If a majority	131864
of the electors voting on the question vote in favor of it:	131865

(1) The income tax and the applicable provisions of Chapter	131866
5747. of the Revised Code shall take effect on the date specified	131867
in the resolution.	131868

(2) The board of education of the school district may make	131869
the additional property tax levy necessary to raise the amount	131870
specified on the ballot for the purpose of providing for the	131871
necessary requirements of the district. The property tax levy	131872
shall be included in the next tax budget that is certified to the	131873
county budget commission.	131874

(F)(1) After approval of a question under this section, the	131875
board of education may anticipate a fraction of the proceeds of	131876
the school district income tax in accordance with section 5748.05	131877
of the Revised Code. Any anticipation notes under this division	131878
shall be issued as provided in section 133.24 of the Revised Code,	131879
shall have principal payments during each year after the year of	131880
their issuance over a period not to exceed five years, and may	131881
have a principal payment in the year of their issuance.	131882

(2) After the approval of a question under this section and	131883
prior to the time when the first tax collection from the property	131884
tax levy can be made, the board of education may anticipate a	131885
fraction of the proceeds of the levy and issue anticipation notes	131886
in an amount not exceeding the total estimated proceeds of the	131887
levy to be collected during the first year of the levy. Any	131888
anticipation notes under this division shall be issued as provided	131889
in section 133.24 of the Revised Code, shall have principal	131890
payments during each year after the year of their issuance over a	131891
period not to exceed five years, and may have a principal payment	131892
in the year of their issuance.	131893

(G)(1) The question of repeal of a school district income tax	131894
levied for more than five years may be initiated and submitted in	131895
accordance with section 5748.04 of the Revised Code.	131896

(2) A property tax levy for a continuing period of time may	131897
be reduced in the manner provided under section 5705.261 of the	131898
Revised Code.	131899

(H) No board of education shall submit a question under this	131900
section to the electors of the school district more than twice in	131901
any calendar year. If a board submits the question twice in any	131902
calendar year, one of the elections on the question shall be held	131903
on the date of the general election.	131904

(I) If the electors of the school district approve a question	131905
under this section, and if the last calendar year the school	131906
district income tax is in effect and the last calendar year of	131907
collection of the property tax are the same, the board of	131908
education of the school district may propose to submit under this	131909
section the combined question of a school district income tax to	131910
take effect upon the expiration of the existing income tax and a	131911
property tax to be first collected in the calendar year after the	131912
calendar year of last collection of the existing property tax, and	131913
specify in the resolutions adopted under this section that the	131914
proposed taxes would renew the existing taxes. The form of the	131915
ballot on a question submitted to the electors under division (I)	131916
of this section shall be as follows:	131917

"Shall the ........ school district be authorized to do both	131918
of the following:	131919

(1) Impose an annual income tax of ....... (state the	131920
proposed rate of tax) on the school district income of individuals	131921
and of estates to renew an income tax expiring at the end of	131922
....... (state the last year the existing income tax may be	131923
levied) for ....... (state the number of years the tax would be	131924
levied, or that it would be levied for a continuing period of	131925
time), beginning ....... (state the date the tax would first take	131926
effect), for the purpose of ....... (state the purpose of the	131927
tax)?	131928

(2) Impose a property tax levy renewing an existing levy	131929
outside of the ten-mill limitation for the purpose of providing	131930
for the necessary requirements of the district in the sum of	131931
................... (here insert annual amount the levy is to	131932
produce), estimated by the county auditor to average	131933
................. (here insert number of mills) mills for each one	131934
dollar of valuation, which amounts to ................. (here	131935
insert rate expressed in dollars and cents) for each one hundred	131936
dollars of valuation, for ............. (state the number of years	131937
the tax is to be imposed or that it will be imposed for a	131938
continuing period of time), commencing in ........... (first year	131939
the tax is to be levied), first due in calendar year ............	131940
(first calendar year in which the tax shall be due)?	131941

131942

		FOR THE INCOME TAX AND PROPERTY TAX			131943
		AGAINST THE INCOME TAX AND PROPERTY TAX	"		131944

131945

If the question submitted to electors proposes a school	131946
district income tax only on the taxable income of individuals as	131947
defined in division (E)(1)(b) of section 5748.01 of the Revised	131948
Code, the form of the ballot shall be modified by stating that the	131949
tax is to be levied on the "earned income of individuals residing	131950
in the school district" in lieu of the "school district income of	131951
individuals and of estates."	131952

The question of a renewal levy under this division shall not	131953
be placed on the ballot unless the question is submitted on a date	131954
on which a special election may be held under section 3501.01 of	131955
the Revised Code, except for the first Tuesday after the first	131956
Monday in February and August, during the last year the property	131957
tax levy to be renewed may be extended on the real and public	131958
utility property tax list and duplicate, or at any election held	131959
in the ensuing year.	131960

(J) If the electors of the school district approve a question	131961
under this section, the board of education of the school district	131962
may propose to renew either or both of the existing taxes as	131963
individual ballot questions in accordance with section 5748.02 of	131964
the Revised Code for the school district income tax, or section	131965
5705.194 of the Revised Code for the property tax.	131966

Sec. 5751.01. As used in this chapter:

131967

(A) "Person" means, but is not limited to, individuals,	131968
combinations of individuals of any form, receivers, assignees,	131969
trustees in bankruptcy, firms, companies, joint-stock companies,	131970
business trusts, estates, partnerships, limited liability	131971
partnerships, limited liability companies, associations, joint	131972
ventures, clubs, societies, for-profit corporations, S	131973
corporations, qualified subchapter S subsidiaries, qualified	131974
subchapter S trusts, trusts, entities that are disregarded for	131975
federal income tax purposes, and any other entities.	131976

(B) "Consolidated elected taxpayer" means a group of two or	131977
more persons treated as a single taxpayer for purposes of this	131978
chapter as the result of an election made under section 5751.011	131979
of the Revised Code.	131980

(C) "Combined taxpayer" means a group of two or more persons	131981
treated as a single taxpayer for purposes of this chapter under	131982
section 5751.012 of the Revised Code.	131983

(D) "Taxpayer" means any person, or any group of persons in	131984
the case of a consolidated elected taxpayer or combined taxpayer	131985
treated as one taxpayer, required to register or pay tax under	131986
this chapter. "Taxpayer" does not include excluded persons.	131987

(E) "Excluded person" means any of the following:

131988

(1) Any person with not more than one hundred fifty thousand	131989
dollars of taxable gross receipts during the calendar year.	131990
Division (E)(1) of this section does not apply to a person that is	131991
a member of a consolidated elected taxpayer;	131992

(2) A public utility that paid the excise tax imposed by	131993
section 5727.24 or 5727.30 of the Revised Code based on one or	131994
more measurement periods that include the entire tax period under	131995
this chapter, except that a public utility that is a combined	131996
company is a taxpayer with regard to the following gross receipts:	131997

(a) Taxable gross receipts directly attributed to a public	131998
utility activity, but not directly attributed to an activity that	131999
is subject to the excise tax imposed by section 5727.24 or 5727.30	132000
of the Revised Code;	132001

(b) Taxable gross receipts that cannot be directly attributed	132002
to any activity, multiplied by a fraction whose numerator is the	132003
taxable gross receipts described in division (E)(2)(a) of this	132004
section and whose denominator is the total taxable gross receipts	132005
that can be directly attributed to any activity;	132006

(c) Except for any differences resulting from the use of an	132007
accrual basis method of accounting for purposes of determining	132008
gross receipts under this chapter and the use of the cash basis	132009
method of accounting for purposes of determining gross receipts	132010
under section 5727.24 of the Revised Code, the gross receipts	132011
directly attributed to the activity of a natural gas company shall	132012
be determined in a manner consistent with division (D) of section	132013
5727.03 of the Revised Code.	132014

As used in division (E)(2) of this section, "combined	132015
company" and "public utility" have the same meanings as in section	132016
5727.01 of the Revised Code.	132017

(3) A financial institution, as defined in section 5725.01 of	132018
the Revised Code, that paid the corporation franchise tax charged	132019
by division (D) of section 5733.06 of the Revised Code based on	132020
one or more taxable years that include the entire tax period under	132021
this chapter;	132022

(4) A dealer in intangibles, as defined in section 5725.01 of	132023
the Revised Code, that paid the dealer in intangibles tax levied	132024
by division (D) of section 5707.03 of the Revised Code based on	132025
one or more measurement periods that include the entire tax period	132026
under this chapter;	132027

(5) A financial holding company as defined in the "Bank	132028
Holding Company Act," 12 U.S.C. 1841(p);	132029

(6) A bank holding company as defined in the "Bank Holding	132030
Company Act," 12 U.S.C. 1841(a);	132031

(7) A savings and loan holding company as defined in the	132032
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging	132033
only in activities or investments permissible for a financial	132034
holding company under 12 U.S.C. 1843(k);	132035

(8) A person directly or indirectly owned by one or more	132036
financial institutions, financial holding companies, bank holding	132037
companies, or savings and loan holding companies described in	132038
division (E)(3), (5), (6), or (7) of this section that is engaged	132039
in activities permissible for a financial holding company under 12	132040
U.S.C. 1843(k), except that any such person held pursuant to	132041
merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12	132042
U.S.C. 1843(k)(4)(I) is not an excluded person, or a person	132043
directly or indirectly owned by one or more insurance companies	132044
described in division (E)(9) of this section that is authorized to	132045
do the business of insurance in this state.	132046

For the purposes of division (E)(8) of this section, a person	132047
owns another person under the following circumstances:	132048

(a) In the case of corporations issuing capital stock, one	132049
corporation owns another corporation if it owns fifty per cent or	132050
more of the other corporation's capital stock with current voting	132051
rights;	132052

(b) In the case of a limited liability company, one person	132053
owns the company if that person's membership interest, as defined	132054
in section 1705.01 of the Revised Code, is fifty per cent or more	132055
of the combined membership interests of all persons owning such	132056
interests in the company;	132057

(c) In the case of a partnership, trust, or other	132058
unincorporated business organization other than a limited	132059
liability company, one person owns the organization if, under the	132060
articles of organization or other instrument governing the affairs	132061
of the organization, that person has a beneficial interest in the	132062
organization's profits, surpluses, losses, or distributions of	132063
fifty per cent or more of the combined beneficial interests of all	132064
persons having such an interest in the organization;	132065

(d) In the case of multiple ownership, the ownership	132066
interests of more than one person may be aggregated to meet the	132067
fifty per cent ownership tests in this division only when each	132068
such owner is described in division (E)(3), (5), (6), or (7) of	132069
this section and is engaged in activities permissible for a	132070
financial holding company under 12 U.S.C. 1843(k) or is a person	132071
directly or indirectly owned by one or more insurance companies	132072
described in division (E)(9) of this section that is authorized to	132073
do the business of insurance in this state.	132074

(9) A domestic insurance company or foreign insurance	132075
company, as defined in section 5725.01 of the Revised Code, that	132076
paid the insurance company premiums tax imposed by section 5725.18	132077
or Chapter 5729. of the Revised Code based on one or more	132078
measurement periods that include the entire tax period under this	132079
chapter;	132080

(10) A person that solely facilitates or services one or more	132081
securitizations or similar transactions for any person described	132082
in division (E)(3), (5), (6), (7), (8), or (9) of this section.	132083
For purposes of this division, "securitization" means transferring	132084
one or more assets to one or more persons and then issuing	132085
securities backed by the right to receive payment from the asset	132086
or assets so transferred.	132087

(11) Except as otherwise provided in this division, a	132088
pre-income tax trust as defined in division (FF)(4) of section	132089
5747.01 of the Revised Code and any pass-through entity of which	132090
such pre-income tax trust owns or controls, directly, indirectly,	132091
or constructively through related interests, more than five per	132092
cent of the ownership or equity interests. If the pre-income tax	132093
trust has made a qualifying pre-income tax trust election under	132094
division (FF)(3) of section 5747.01 of the Revised Code, then the	132095
trust and the pass-through entities of which it owns or controls,	132096
directly, indirectly, or constructively through related interests,	132097
more than five per cent of the ownership or equity interests,	132098
shall not be excluded persons for purposes of the tax imposed	132099
under section 5751.02 of the Revised Code.	132100

(12) Nonprofit organizations or the state and its agencies,	132101
instrumentalities, or political subdivisions.	132102

(F) Except as otherwise provided in divisions (F)(2), (3),	132103
and (4) of this section, "gross receipts" means the total amount	132104
realized by a person, without deduction for the cost of goods sold	132105
or other expenses incurred, that contributes to the production of	132106
gross income of the person, including the fair market value of any	132107
property and any services received, and any debt transferred or	132108
forgiven as consideration. In the case of a person that is a	132109
casino operator of casino facilities, as those terms are defined	132110
in section 3772.01 of the Revised Code, "gross receipts" for the	132111
purposes of this chapter only shall be determined without	132112
deduction for any winnings paid to wagerers.	132113

(1) The following are examples of gross receipts:

132114

(a) Amounts realized from the sale, exchange, or other	132115
disposition of the taxpayer's property to or with another;	132116

(b) Amounts realized from the taxpayer's performance of	132117
services for another;	132118

(c) Amounts realized from another's use or possession of the	132119
taxpayer's property or capital;	132120

(d) Any combination of the foregoing amounts.

132121

(2) "Gross receipts" excludes the following amounts:

132122

(a) Interest income except interest on credit sales;

132123

(b) Dividends and distributions from corporations, and	132124
distributive or proportionate shares of receipts and income from a	132125
pass-through entity as defined under section 5733.04 of the	132126
Revised Code;	132127

(c) Receipts from the sale, exchange, or other disposition of	132128
an asset described in section 1221 or 1231 of the Internal Revenue	132129
Code, without regard to the length of time the person held the	132130
asset. Notwithstanding section 1221 of the Internal Revenue Code,	132131
receipts from hedging transactions also are excluded to the extent	132132
the transactions are entered into primarily to protect a financial	132133
position, such as managing the risk of exposure to (i) foreign	132134
currency fluctuations that affect assets, liabilities, profits,	132135
losses, equity, or investments in foreign operations; (ii)	132136
interest rate fluctuations; or (iii) commodity price fluctuations.	132137
As used in division (F)(2)(c) of this section, "hedging	132138
transaction" has the same meaning as used in section 1221 of the	132139
Internal Revenue Code and also includes transactions accorded	132140
hedge accounting treatment under statement of financial accounting	132141
standards number 133 of the financial accounting standards board.	132142
For the purposes of division (F)(2)(c) of this section, the actual	132143
transfer of title of real or tangible personal property to another	132144
entity is not a hedging transaction.	132145

(d) Proceeds received attributable to the repayment,	132146
maturity, or redemption of the principal of a loan, bond, mutual	132147
fund, certificate of deposit, or marketable instrument;	132148

(e) The principal amount received under a repurchase	132149
agreement or on account of any transaction properly characterized	132150
as a loan to the person;	132151

(f) Contributions received by a trust, plan, or other	132152
arrangement, any of which is described in section 501(a) of the	132153
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	132154
1, Subchapter (D) of the Internal Revenue Code applies;	132155

(g) Compensation, whether current or deferred, and whether in	132156
cash or in kind, received or to be received by an employee, former	132157
employee, or the employee's legal successor for services rendered	132158
to or for an employer, including reimbursements received by or for	132159
an individual for medical or education expenses, health insurance	132160
premiums, or employee expenses, or on account of a dependent care	132161
spending account, legal services plan, any cafeteria plan	132162
described in section 125 of the Internal Revenue Code, or any	132163
similar employee reimbursement;	132164

(h) Proceeds received from the issuance of the taxpayer's own	132165
stock, options, warrants, puts, or calls, or from the sale of the	132166
taxpayer's treasury stock;	132167

(i) Proceeds received on the account of payments from	132168
insurance policies, except those proceeds received for the loss of	132169
business revenue;	132170

(j) Gifts or charitable contributions received; membership	132171
dues received by trade, professional, homeowners', or condominium	132172
associations; and payments received for educational courses,	132173
meetings, meals, or similar payments to a trade, professional, or	132174
other similar association; and fundraising receipts received by	132175
any person when any excess receipts are donated or used	132176
exclusively for charitable purposes;	132177

(k) Damages received as the result of litigation in excess of	132178
amounts that, if received without litigation, would be gross	132179
receipts;	132180

(l) Property, money, and other amounts received or acquired	132181
by an agent on behalf of another in excess of the agent's	132182
commission, fee, or other remuneration;	132183

(m) Tax refunds, other tax benefit recoveries, and	132184
reimbursements for the tax imposed under this chapter made by	132185
entities that are part of the same combined taxpayer or	132186
consolidated elected taxpayer group, and reimbursements made by	132187
entities that are not members of a combined taxpayer or	132188
consolidated elected taxpayer group that are required to be made	132189
for economic parity among multiple owners of an entity whose tax	132190
obligation under this chapter is required to be reported and paid	132191
entirely by one owner, pursuant to the requirements of sections	132192
5751.011 and 5751.012 of the Revised Code;	132193

(n) Pension reversions;

132194

(o) Contributions to capital;

132195

(p) Sales or use taxes collected as a vendor or an	132196
out-of-state seller on behalf of the taxing jurisdiction from a	132197
consumer or other taxes the taxpayer is required by law to collect	132198
directly from a purchaser and remit to a local, state, or federal	132199
tax authority;	132200

(q) In the case of receipts from the sale of cigarettes or	132201
tobacco products by a wholesale dealer, retail dealer,	132202
distributor, manufacturer, or seller, all as defined in section	132203
5743.01 of the Revised Code, an amount equal to the federal and	132204
state excise taxes paid by any person on or for such cigarettes or	132205
tobacco products under subtitle E of the Internal Revenue Code or	132206
Chapter 5743. of the Revised Code;	132207

(r) In the case of receipts from the sale of motor fuel by a	132208
licensed motor fuel dealer, licensed retail dealer, or licensed	132209
permissive motor fuel dealer, all as defined in section 5735.01 of	132210
the Revised Code, an amount equal to federal and state excise	132211
taxes paid by any person on such motor fuel under section 4081 of	132212
the Internal Revenue Code or Chapter 5735. of the Revised Code;	132213

(s) In the case of receipts from the sale of beer or	132214
intoxicating liquor, as defined in section 4301.01 of the Revised	132215
Code, by a person holding a permit issued under Chapter 4301. or	132216
4303. of the Revised Code, an amount equal to federal and state	132217
excise taxes paid by any person on or for such beer or	132218
intoxicating liquor under subtitle E of the Internal Revenue Code	132219
or Chapter 4301. or 4305. of the Revised Code;	132220

(t) Receipts realized by a new motor vehicle dealer or used	132221
motor vehicle dealer, as defined in section 4517.01 of the Revised	132222
Code, from the sale or other transfer of a motor vehicle, as	132223
defined in that section, to another motor vehicle dealer for the	132224
purpose of resale by the transferee motor vehicle dealer, but only	132225
if the sale or other transfer was based upon the transferee's need	132226
to meet a specific customer's preference for a motor vehicle;	132227

(u) Receipts from a financial institution described in	132228
division (E)(3) of this section for services provided to the	132229
financial institution in connection with the issuance, processing,	132230
servicing, and management of loans or credit accounts, if such	132231
financial institution and the recipient of such receipts have at	132232
least fifty per cent of their ownership interests owned or	132233
controlled, directly or constructively through related interests,	132234
by common owners;	132235

(v) Receipts realized from administering anti-neoplastic	132236
drugs and other cancer chemotherapy, biologicals, therapeutic	132237
agents, and supportive drugs in a physician's office to patients	132238
with cancer;	132239

(w) Funds received or used by a mortgage broker that is not a	132240
dealer in intangibles, other than fees or other consideration,	132241
pursuant to a table-funding mortgage loan or warehouse-lending	132242
mortgage loan. Terms used in division (F)(2)(w) of this section	132243
have the same meanings as in section 1322.01 of the Revised Code,	132244
except "mortgage broker" means a person assisting a buyer in	132245
obtaining a mortgage loan for a fee or other consideration paid by	132246
the buyer or a lender, or a person engaged in table-funding or	132247
warehouse-lending mortgage loans that are first lien mortgage	132248
loans.	132249

(x) Property, money, and other amounts received by a	132250
professional employer organization, as defined in section 4125.01	132251
of the Revised Code, from a client employer, as defined in that	132252
section, in excess of the administrative fee charged by the	132253
professional employer organization to the client employer;	132254

(y) In the case of amounts retained as commissions by a	132255
permit holder under Chapter 3769. of the Revised Code, an amount	132256
equal to the amounts specified under that chapter that must be	132257
paid to or collected by the tax commissioner as a tax and the	132258
amounts specified under that chapter to be used as purse money;	132259

(z) Qualifying distribution center receipts.

132260

(i) For purposes of division (F)(2)(z) of this section:

132261

(I) "Qualifying distribution center receipts" means receipts	132262
of a supplier from qualified property that is delivered to a	132263
qualified distribution center, multiplied by a quantity that	132264
equals one minus the Ohio delivery percentage.	132265

(II) "Qualified property" means tangible personal property	132266
delivered to a qualified distribution center that is shipped to	132267
that qualified distribution center solely for further shipping by	132268
the qualified distribution center to another location in this	132269
state or elsewhere. "Further shipping" includes storing and	132270
repackaging such property into smaller or larger bundles, so long	132271
as such property is not subject to further manufacturing or	132272
processing.	132273

(III) "Qualified distribution center" means a warehouse or	132274
other similar facility in this state that, for the qualifying	132275
year, is operated by a person that is not part of a combined	132276
taxpayer group and that has a qualifying certificate. However, all	132277
warehouses or other similar facilities that are operated by	132278
persons in the same taxpayer group and that are located within one	132279
mile of each other shall be treated as one qualified distribution	132280
center.	132281

(IV) "Qualifying year" means the calendar year to which the	132282
qualifying certificate applies.	132283

(V) "Qualifying period" means the period of the first day of	132284
July of the second year preceding the qualifying year through the	132285
thirtieth day of June of the year preceding the qualifying year.	132286

(VI) "Qualifying certificate" means the certificate issued by	132287
the tax commissioner after the operator of a distribution center	132288
files an annual application with the commissioner. The application	132289
and annual fee shall be filed and paid for each qualified	132290
distribution center on or before the first day of September before	132291
the qualifying year or within forty-five days after the	132292
distribution center opens, whichever is later.	132293

The applicant must substantiate to the commissioner's	132294
satisfaction that, for the qualifying period, all persons	132295
operating the distribution center have more than fifty per cent of	132296
the cost of the qualified property shipped to a location such that	132297
it would be sitused outside this state under the provisions of	132298
division (E) of section 5751.033 of the Revised Code. The	132299
applicant must also substantiate that the distribution center	132300
cumulatively had costs from its suppliers equal to or exceeding	132301
five hundred million dollars during the qualifying period. (For	132302
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	132303
excludes any person that is part of the consolidated elected	132304
taxpayer group, if applicable, of the operator of the qualified	132305
distribution center.) The commissioner may require the applicant	132306
to have an independent certified public accountant certify that	132307
the calculation of the minimum thresholds required for a qualified	132308
distribution center by the operator of a distribution center has	132309
been made in accordance with generally accepted accounting	132310
principles. The commissioner shall issue or deny the issuance of a	132311
certificate within sixty days after the receipt of the	132312
application. A denial is subject to appeal under section 5717.02	132313
of the Revised Code. If the operator files a timely appeal under	132314
section 5717.02 of the Revised Code, the operator shall be granted	132315
a qualifying certificate, provided that the operator is liable for	132316
any tax, interest, or penalty upon amounts claimed as qualifying	132317
distribution center receipts, other than those receipts exempt	132318
under division (C)(1) of section 5751.011 of the Revised Code,	132319
that would have otherwise not been owed by its suppliers if the	132320
qualifying certificate was valid.	132321

(VII) "Ohio delivery percentage" means the proportion of the	132322
total property delivered to a destination inside Ohio from the	132323
qualified distribution center during the qualifying period	132324
compared with total deliveries from such distribution center	132325
everywhere during the qualifying period.	132326

(ii) If the distribution center is new and was not open for	132327
the entire qualifying period, the operator of the distribution	132328
center may request that the commissioner grant a qualifying	132329
certificate. If the certificate is granted and it is later	132330
determined that more than fifty per cent of the qualified property	132331
during that year was not shipped to a location such that it would	132332
be sitused outside of this state under the provisions of division	132333
(E) of section 5751.033 of the Revised Code or if it is later	132334
determined that the person that operates the distribution center	132335
had average monthly costs from its suppliers of less than forty	132336
million dollars during that year, then the operator of the	132337
distribution center shall be liable for any tax, interest, or	132338
penalty upon amounts claimed as qualifying distribution center	132339
receipts, other than those receipts exempt under division (C)(1)	132340
of section 5751.011 of the Revised Code, that would have not	132341
otherwise been owed by its suppliers during the qualifying year if	132342
the qualifying certificate was valid. (For purposes of division	132343
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	132344
is part of the consolidated elected taxpayer group, if applicable,	132345
of the operator of the qualified distribution center.)	132346

(iii) When filing an application for a qualifying certificate	132347
under division (F)(2)(z)(i)(VI) of this section, the operator of a	132348
qualified distribution center also shall provide documentation, as	132349
the commissioner requires, for the commissioner to ascertain the	132350
Ohio delivery percentage. The commissioner, upon issuing the	132351
qualifying certificate, also shall certify the Ohio delivery	132352
percentage. The operator of the qualified distribution center may	132353
appeal the commissioner's certification of the Ohio delivery	132354
percentage in the same manner as an appeal is taken from the	132355
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	132356
of this section.	132357

Within thirty days after all appeals have been exhausted, the	132358
operator of the qualified distribution center shall notify the	132359
affected suppliers of qualified property that such suppliers are	132360
required to file, within sixty days after receiving notice from	132361
the operator of the qualified distribution center, amended reports	132362
for the impacted calendar quarter or quarters or calendar year,	132363
whichever the case may be. Any additional tax liability or tax	132364
overpayment shall be subject to interest but shall not be subject	132365
to the imposition of any penalty so long as the amended returns	132366
are timely filed. The supplier of tangible personal property	132367
delivered to the qualified distribution center shall include in	132368
its report of taxable gross receipts the receipts from the total	132369
sales of property delivered to the qualified distribution center	132370
for the calendar quarter or calendar year, whichever the case may	132371
be, multiplied by the Ohio delivery percentage for the qualifying	132372
year. Nothing in division (F)(2)(z)(iii) of this section shall be	132373
construed as imposing liability on the operator of a qualified	132374
distribution center for the tax imposed by this chapter arising	132375
from any change to the Ohio delivery percentage.	132376

(iv) In the case where the distribution center is new and not	132377
open for the entire qualifying period, the operator shall make a	132378
good faith estimate of an Ohio delivery percentage for use by	132379
suppliers in their reports of taxable gross receipts for the	132380
remainder of the qualifying period. The operator of the facility	132381
shall disclose to the suppliers that such Ohio delivery percentage	132382
is an estimate and is subject to recalculation. By the due date of	132383
the next application for a qualifying certificate, the operator	132384
shall determine the actual Ohio delivery percentage for the	132385
estimated qualifying period and proceed as provided in division	132386
(F)(2)(z)(iii) of this section with respect to the calculation and	132387
recalculation of the Ohio delivery percentage. The supplier is	132388
required to file, within sixty days after receiving notice from	132389
the operator of the qualified distribution center, amended reports	132390
for the impacted calendar quarter or quarters or calendar year,	132391
whichever the case may be. Any additional tax liability or tax	132392
overpayment shall be subject to interest but shall not be subject	132393
to the imposition of any penalty so long as the amended returns	132394
are timely filed.	132395

(v) Qualifying certificates and Ohio delivery percentages	132396
issued by the commissioner shall be open to public inspection and	132397
shall be timely published by the commissioner. A supplier relying	132398
in good faith on a certificate issued under this division shall	132399
not be subject to tax on the qualifying distribution center	132400
receipts under division (F)(2)(z) of this section. A person	132401
receiving a qualifying certificate is responsible for paying the	132402
tax, interest, and penalty upon amounts claimed as qualifying	132403
distribution center receipts that would not otherwise have been	132404
owed by the supplier if the qualifying certificate were available	132405
when it is later determined that the qualifying certificate should	132406
not have been issued because the statutory requirements were in	132407
fact not met.	132408

(vi) The annual fee for a qualifying certificate shall be one	132409
hundred thousand dollars for each qualified distribution center.	132410
If a qualifying certificate is not issued, the annual fee is	132411
subject to refund after the exhaustion of all appeals provided for	132412
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	132413
under this division may be assessed in the same manner as the tax	132414
imposed under this chapter. The first one hundred thousand dollars	132415
of the annual application fees collected each calendar year shall	132416
be credited to the commercial activity tax administrative fund.	132417
The remainder of the annual application fees collected shall be	132418
distributed in the same manner required under section 5751.20 of	132419
the Revised Code.	132420

(vii) The tax commissioner may require that adequate security	132421
be posted by the operator of the distribution center on appeal	132422
when the commissioner disagrees that the applicant has met the	132423
minimum thresholds for a qualified distribution center as set	132424
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	132425
section.	132426

(aa) Receipts of an employer from payroll deductions relating	132427
to the reimbursement of the employer for advancing moneys to an	132428
unrelated third party on an employee's behalf;	132429

(bb) Cash discounts allowed and taken;

132430

(cc) Returns and allowances;

132431

(dd) Bad debts from receipts on the basis of which the tax	132432
imposed by this chapter was paid in a prior quarterly tax payment	132433
period. For the purpose of this division, "bad debts" means any	132434
debts that have become worthless or uncollectible between the	132435
preceding and current quarterly tax payment periods, have been	132436
uncollected for at least six months, and that may be claimed as a	132437
deduction under section 166 of the Internal Revenue Code and the	132438
regulations adopted under that section, or that could be claimed	132439
as such if the taxpayer kept its accounts on the accrual basis.	132440
"Bad debts" does not include repossessed property, uncollectible	132441
amounts on property that remains in the possession of the taxpayer	132442
until the full purchase price is paid, or expenses in attempting	132443
to collect any account receivable or for any portion of the debt	132444
recovered;	132445

(ee) Any amount realized from the sale of an account	132446
receivable to the extent the receipts from the underlying	132447
transaction giving rise to the account receivable were included in	132448
the gross receipts of the taxpayer;	132449

(ff) Any receipts directly attributed to providing public	132450
services pursuant to sections 126.60 to 126.605 of the Revised	132451
Code, or any receipts directly attributed to a transfer agreement	132452
or to the enterprise transferred under that agreement under	132453
section 4313.02 of the Revised Code.	132454

(gg) Any receipts for which the tax imposed by this chapter	132455
is prohibited by the Constitution or laws of the United States or	132456
the Constitution of Ohio.	132457

~~(gg)~~(hh) Amounts realized by licensed motor fuel dealers or	132458
licensed permissive motor fuel dealers from the exchange of	132459
petroleum products, including motor fuel, between such dealers,	132460
provided that delivery of the petroleum products occurs at a	132461
refinery, terminal, pipeline, or marine vessel and that the	132462
exchanging dealers agree neither dealer shall require monetary	132463
compensation from the other for the value of the exchanged	132464
petroleum products other than such compensation for differences in	132465
product location or grade. Division (F)(2)~~(gg)~~(hh) of this section	132466
does not apply to amounts realized as a result of differences in	132467
location or grade of exchanged petroleum products or from	132468
handling, lubricity, dye, or other additive injections fees,	132469
pipeline security fees, or similar fees. As used in this division,	132470
"motor fuel," "licensed motor fuel dealer," "licensed permissive	132471
motor fuel dealer," and "terminal" have the same meanings as in	132472
section 5735.01 of the Revised Code.	132473

(ii) Qualified uranium receipts qualifying for exclusion	132474
under section 5751.41 of the Revised Code.	132475

(3) In the case of a taxpayer when acting as a real estate	132476
broker, "gross receipts" includes only the portion of any fee for	132477
the service of a real estate broker, or service of a real estate	132478
salesperson associated with that broker, that is retained by the	132479
broker and not paid to an associated real estate salesperson or	132480
another real estate broker. For the purposes of this division,	132481
"real estate broker" and "real estate salesperson" have the same	132482
meanings as in section 4735.01 of the Revised Code.	132483

(4) A taxpayer's method of accounting for gross receipts for	132484
a tax period shall be the same as the taxpayer's method of	132485
accounting for federal income tax purposes for the taxpayer's	132486
federal taxable year that includes the tax period. If a taxpayer's	132487
method of accounting for federal income tax purposes changes, its	132488
method of accounting for gross receipts under this chapter shall	132489
be changed accordingly.	132490

(G) "Taxable gross receipts" means gross receipts sitused to	132491
this state under section 5751.033 of the Revised Code.	132492

(H) A person has "substantial nexus with this state" if any	132493
of the following applies. The person:	132494

(1) Owns or uses a part or all of its capital in this state;

132495

(2) Holds a certificate of compliance with the laws of this	132496
state authorizing the person to do business in this state;	132497

(3) Has bright-line presence in this state;

132498

(4) Otherwise has nexus with this state to an extent that the	132499
person can be required to remit the tax imposed under this chapter	132500
under the Constitution of the United States.	132501

(I) A person has "bright-line presence" in this state for a	132502
reporting period and for the remaining portion of the calendar	132503
year if any of the following applies. The person:	132504

(1) Has at any time during the calendar year property in this	132505
state with an aggregate value of at least fifty thousand dollars.	132506
For the purpose of division (I)(1) of this section, owned property	132507
is valued at original cost and rented property is valued at eight	132508
times the net annual rental charge.	132509

(2) Has during the calendar year payroll in this state of at	132510
least fifty thousand dollars. Payroll in this state includes all	132511
of the following:	132512

(a) Any amount subject to withholding by the person under	132513
section 5747.06 of the Revised Code;	132514

(b) Any other amount the person pays as compensation to an	132515
individual under the supervision or control of the person for work	132516
done in this state; and	132517

(c) Any amount the person pays for services performed in this	132518
state on its behalf by another.	132519

(3) Has during the calendar year taxable gross receipts of at	132520
least five hundred thousand dollars.	132521

(4) Has at any time during the calendar year within this	132522
state at least twenty-five per cent of the person's total	132523
property, total payroll, or total gross receipts.	132524

(5) Is domiciled in this state as an individual or for	132525
corporate, commercial, or other business purposes.	132526

(J) "Tangible personal property" has the same meaning as in	132527
section 5739.01 of the Revised Code.	132528

(K) "Internal Revenue Code" means the Internal Revenue Code	132529
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	132530
this chapter that is not otherwise defined has the same meaning as	132531
when used in a comparable context in the laws of the United States	132532
relating to federal income taxes unless a different meaning is	132533
clearly required. Any reference in this chapter to the Internal	132534
Revenue Code includes other laws of the United States relating to	132535
federal income taxes.	132536

(L) "Calendar quarter" means a three-month period ending on	132537
the thirty-first day of March, the thirtieth day of June, the	132538
thirtieth day of September, or the thirty-first day of December.	132539

(M) "Tax period" means the calendar quarter or calendar year	132540
on the basis of which a taxpayer is required to pay the tax	132541
imposed under this chapter.	132542

(N) "Calendar year taxpayer" means a taxpayer for which the	132543
tax period is a calendar year.	132544

(O) "Calendar quarter taxpayer" means a taxpayer for which	132545
the tax period is a calendar quarter.	132546

(P) "Agent" means a person authorized by another person to	132547
act on its behalf to undertake a transaction for the other,	132548
including any of the following:	132549

(1) A person receiving a fee to sell financial instruments;

132550

(2) A person retaining only a commission from a transaction	132551
with the other proceeds from the transaction being remitted to	132552
another person;	132553

(3) A person issuing licenses and permits under section	132554
1533.13 of the Revised Code;	132555

(4) A lottery sales agent holding a valid license issued	132556
under section 3770.05 of the Revised Code;	132557

(5) A person acting as an agent of the division of liquor	132558
control under section 4301.17 of the Revised Code.	132559

(Q) "Received" includes amounts accrued under the accrual	132560
method of accounting.	132561

(R) "Reporting person" means a person in a consolidated	132562
elected taxpayer or combined taxpayer group that is designated by	132563
that group to legally bind the group for all filings and tax	132564
liabilities and to receive all legal notices with respect to	132565
matters under this chapter, or, for the purposes of section	132566
5751.04 of the Revised Code, a separate taxpayer that is not a	132567
member of such a group.	132568

Sec. 5751.011. (A) A group of two or more persons may elect	132569
to be a consolidated elected taxpayer for the purposes of this	132570
chapter if the group satisfies all of the following requirements:	132571

(1) The group elects to include all persons, including	132572
persons enumerated in divisions (E)(2) to (10) of section 5751.01	132573
of the Revised Code, having at least eighty per cent, or having at	132574
least fifty per cent, of the value of their ownership interests	132575
owned or controlled, directly or constructively through related	132576
interests, by common owners during all or any portion of the tax	132577
period, together with the common owners.	132578

A group making its initial election on the basis of the	132579
eighty per cent ownership test may change its election so that its	132580
consolidated elected taxpayer group is formed on the basis of the	132581
fifty per cent ownership test if all of the following are	132582
satisfied:	132583

(a) When the initial election was made, the group did not	132584
have any persons satisfying the fifty per cent ownership test;	132585

(b) One or more of the persons in the initial group	132586
subsequently acquires ownership interests in a person such that	132587
the fifty per cent ownership test is satisfied, the eighty per	132588
cent ownership test is not satisfied, and the acquired person	132589
would be required to be included in a combined taxpayer group	132590
under section 5751.012 of the Revised Code;	132591

(c) The group requests the change in a written request to the	132592
tax commissioner on or before the due date for filing the first	132593
return due under section 5751.051 of the Revised Code after the	132594
date of the acquisition;	132595

(d) The group has not previously changed its election.

132596

At the election of the group, all entities that are not	132597
incorporated or formed under the laws of a state or of the United	132598
States and that meet the consolidated elected ownership test shall	132599
either be included in the group or all shall be excluded from the	132600
group. If, at the time of registration, the group does not include	132601
any such entities that meet the consolidated elected ownership	132602
test, the group shall elect to either include or exclude the newly	132603
acquired entities before the due date of the first return due	132604
after the date of the acquisition.	132605

Each group shall notify the tax commissioner of the foregoing	132606
elections before the due date of the return for the period in	132607
which the election becomes binding. If fifty per cent of the value	132608
of a person's ownership interests is owned or controlled by each	132609
of two consolidated elected taxpayer groups formed under the fifty	132610
per cent ownership or control test, that person is a member of	132611
each group for the purposes of this section, and each group shall	132612
include in the group's taxable gross receipts fifty per cent of	132613
that person's taxable gross receipts. Otherwise, all of that	132614
person's taxable gross receipts shall be included in the taxable	132615
gross receipts of the consolidated elected taxpayer group of which	132616
the person is a member. In no event shall the ownership or control	132617
of fifty per cent of the value of a person's ownership interests	132618
by two otherwise unrelated groups form the basis for consolidating	132619
the groups into a single consolidated elected taxpayer group or	132620
permit any exclusion under division (C) of this section of taxable	132621
gross receipts between members of the two groups. Division (A)(3)	132622
of this section applies with respect to the elections described in	132623
this division.	132624

(2) The group makes the election to be treated as a	132625
consolidated elected taxpayer in the manner prescribed under	132626
division (D) of this section.	132627

(3) Subject to review and audit by the tax commissioner, the	132628
group agrees that all of the following apply:	132629

(a) The group shall file reports as a single taxpayer for at	132630
least the next eight calendar quarters following the election so	132631
long as at least two or more of the members of the group meet the	132632
requirements of division (A)(1) of this section.	132633

(b) Before the expiration of the eighth such calendar	132634
quarter, the group shall notify the commissioner if it elects to	132635
cancel its designation as a consolidated elected taxpayer. If the	132636
group does not so notify the tax commissioner, the election	132637
remains in effect for another eight calendar quarters.	132638

(c) If, at any time during any of those eight calendar	132639
quarters following the election, a former member of the group no	132640
longer meets the requirements under division (A)(1) of this	132641
section, that member shall report and pay the tax imposed under	132642
this chapter separately, as a member of a combined taxpayer, or,	132643
if the former member satisfies such requirements with respect to	132644
another consolidated elected group, as a member of that	132645
consolidated elected group.	132646

(d) The group agrees to the application of division (B) of	132647
this section.	132648

(B) A group of persons making the election under this section	132649
shall report and pay tax on all of the group's taxable gross	132650
receipts even if substantial nexus with this state does not exist	132651
for one or more persons in the group.	132652

(C)(1)(a) Members of a consolidated elected taxpayer group	132653
shall exclude gross receipts among persons included in the	132654
consolidated elected taxpayer group.	132655

(b) Subject to divisions (C)(1)(c) and (C)(2) of this	132656
section, nothing in this section shall have the effect of	132657
requiring a consolidated elected taxpayer group to include gross	132658
receipts received by a person enumerated in divisions (E)(2) to	132659
(10) of section 5751.01 of the Revised Code if that person is a	132660
member of the group pursuant to the elections made by the group	132661
under division (A)(1) of this section.	132662

(c)(i) As used in division (C)(1)(c) of this section, "dealer	132663
transfer" means a transfer of property that satisfies both of the	132664
following: (I) the property is directly transferred by any means	132665
from one member of the group to another member of the group that	132666
is a dealer in intangibles but is not a qualifying dealer as	132667
defined in section ~~5725.24~~5707.031 of the Revised Code; and (II)	132668
the property is subsequently delivered by the dealer in	132669
intangibles to a person that is not a member of the group.	132670

(ii) In the event of a dealer transfer, a consolidated	132671
elected taxpayer group shall not exclude, under division (C) of	132672
this section, gross receipts from the transfer described in	132673
division (C)(1)(c)(i)(I) of this section.	132674

(2) Gross receipts related to the sale or transmission of	132675
electricity through the use of an intermediary regional	132676
transmission organization approved by the federal energy	132677
regulatory commission shall be excluded from taxable gross	132678
receipts under division (C)(1) of this section if all other	132679
requirements of that division are met, even if the receipts are	132680
from and to the same member of the group.	132681

(D) To make the election to be a consolidated elected	132682
taxpayer, a group of persons shall notify the tax commissioner of	132683
the election in the manner prescribed by the commissioner and pay	132684
the commissioner a registration fee equal to the lesser of two	132685
hundred dollars or twenty dollars for each person in the group. No	132686
additional fee shall be imposed for the addition of new members to	132687
the group once the group has remitted a fee in the amount of two	132688
hundred dollars. The election shall be made and the fee paid	132689
before the beginning of the first calendar quarter to which the	132690
election applies. The fee shall be collected and used in the same	132691
manner as provided in section 5751.04 of the Revised Code.	132692

The election shall be made on a form prescribed by the tax	132693
commissioner for that purpose and shall be signed by one or more	132694
individuals with authority, separately or together, to make a	132695
binding election on behalf of all persons in the group.	132696

Any person acquired or formed after the filing of the	132697
registration shall be included in the group if the person meets	132698
the requirements of division (A)(1) of this section, and the group	132699
shall notify the tax commissioner of any additions to the group	132700
with the next tax return it files with the commissioner.	132701

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	132702
the Revised Code:	132703

(1) "School district," "joint vocational school district,"	132704
"local taxing unit," "recognized valuation," "fixed-rate levy,"	132705
and "fixed-sum levy" have the same meanings as used in section	132706
5727.84 of the Revised Code.	132707

(2) "State education aid" for a school district means the	132708
following:	132709

(a) For fiscal years prior to fiscal year 2010, the sum of	132710
state aid amounts computed for the district under the following	132711
provisions, as they existed for the applicable fiscal year:	132712
division (A) of section 3317.022 of the Revised Code, including	132713
the amounts calculated under sections 3317.029 and 3317.0217 of	132714
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of	132715
section 3317.022; divisions (B), (C), and (D) of section 3317.023;	132716
divisions (L) and (N) of section 3317.024; section 3317.0216; and	132717
any unit payments for gifted student services paid under sections	132718
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	132719
for fiscal years 2008 and 2009, the amount computed for the	132720
district under Section 269.20.80 of H.B. 119 of the 127th general	132721
assembly and as that section subsequently may be amended shall be	132722
substituted for the amount computed under division (D) of section	132723
3317.022 of the Revised Code, and the amount computed under	132724
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	132725
that section subsequently may be amended shall be included.	132726

(b) For fiscal ~~year~~years 2010 and ~~for each fiscal year~~	132727
~~thereafter~~2011, the sum of the amounts computed under former	132728
sections 3306.052, 3306.12, 3306.13, 3306.19, 3306.191, and	132729
3306.192 of the Revised Code.;	132730

(c) For fiscal years 2012 and 2013, the amount paid in	132731
accordance with the section of H.B. 153 of the 129th general	132732
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	132733
SCHOOL DISTRICTS."	132734

(3) "State education aid" for a joint vocational school	132735
district means the following:	132736

(a) For fiscal years prior to fiscal year 2010, the sum of	132737
the state aid computed for the district under division (N) of	132738
section 3317.024 and section 3317.16 of the Revised Code, except	132739
that, for fiscal years 2008 and 2009, the amount computed under	132740
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	132741
that section subsequently may be amended shall be included.	132742

(b) For fiscal years 2010 and 2011, the amount paid in	132743
accordance with the section of ~~this act~~H.B. 1 of the 128th	132744
general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	132745
DISTRICTS."	132746

(c) For fiscal years 2012 and 2013, the amount paid in	132747
accordance with the section of H.B. 153 of the 129th general	132748
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	132749

(4) "State education aid offset" means the amount determined	132750
for each school district or joint vocational school district under	132751
division (A)(1) of section 5751.21 of the Revised Code.	132752

(5) "Machinery and equipment property tax value loss" means	132753
the amount determined under division (C)(1) of this section.	132754

(6) "Inventory property tax value loss" means the amount	132755
determined under division (C)(2) of this section.	132756

(7) "Furniture and fixtures property tax value loss" means	132757
the amount determined under division (C)(3) of this section.	132758

(8) "Machinery and equipment fixed-rate levy loss" means the	132759
amount determined under division (D)(1) of this section.	132760

(9) "Inventory fixed-rate levy loss" means the amount	132761
determined under division (D)(2) of this section.	132762

(10) "Furniture and fixtures fixed-rate levy loss" means the	132763
amount determined under division (D)(3) of this section.	132764

(11) "Total fixed-rate levy loss" means the sum of the	132765
machinery and equipment fixed-rate levy loss, the inventory	132766
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	132767
loss, and the telephone company fixed-rate levy loss.	132768

(12) "Fixed-sum levy loss" means the amount determined under	132769
division (E) of this section.	132770

(13) "Machinery and equipment" means personal property	132771
subject to the assessment rate specified in division (F) of	132772
section 5711.22 of the Revised Code.	132773

(14) "Inventory" means personal property subject to the	132774
assessment rate specified in division (E) of section 5711.22 of	132775
the Revised Code.	132776

(15) "Furniture and fixtures" means personal property subject	132777
to the assessment rate specified in division (G) of section	132778
5711.22 of the Revised Code.	132779

(16) "Qualifying levies" are levies in effect for tax year	132780
2004 or applicable to tax year 2005 or approved at an election	132781
conducted before September 1, 2005. For the purpose of determining	132782
the rate of a qualifying levy authorized by section 5705.212 or	132783
5705.213 of the Revised Code, the rate shall be the rate that	132784
would be in effect for tax year 2010.	132785

(17) "Telephone property" means tangible personal property of	132786
a telephone, telegraph, or interexchange telecommunications	132787
company subject to an assessment rate specified in section	132788
5727.111 of the Revised Code in tax year 2004.	132789

(18) "Telephone property tax value loss" means the amount	132790
determined under division (C)(4) of this section.	132791

(19) "Telephone property fixed-rate levy loss" means the	132792
amount determined under division (D)(4) of this section.	132793

(20) "Taxes charged and payable" means taxes charged and	132794
payable after the reduction required by section 319.301 of the	132795
Revised Code but before the reductions required by sections	132796
319.302 and 323.152 of the Revised Code.	132797

(21) "Median estate tax collections" means, in the case of a	132798
municipal corporation to which revenue from the taxes levied in	132799
Chapter 5731. of the Revised Code was distributed in each of	132800
calendar years 2006, 2007, 2008, and 2009, the median of those	132801
distributions. In the case of a municipal corporation to which no	132802
distributions were made in one or more of those years, "median	132803
estate tax collections" means zero.	132804

(22) "Total resources," in the case of a school district,	132805
means the sum of the amounts in divisions (A)(22)(a) to (h) of	132806
this section less any reduction required under division (A)(32) of	132807
this section.	132808

(a) The state education aid for fiscal year 2010;

132809

(b) The sum of the payments received by the school district	132810
in fiscal year 2010 for current expense levy losses pursuant to	132811
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	132812
section 5751.21 of the Revised Code, excluding the portion of such	132813
payments attributable to levies for joint vocational school	132814
district purposes;	132815

(c) The sum of fixed-sum levy loss payments received by the	132816
school district in fiscal year 2010 pursuant to division (E)(1) of	132817
section 5727.85 and division (E)(1) of section 5751.21 of the	132818
Revised Code for fixed-sum levies imposed for a purpose other than	132819
paying debt charges;	132820

(d) Fifty per cent of the school district's taxes charged and	132821
payable against all property on the tax list of real and public	132822
utility property for current expense purposes for tax year 2008,	132823
including taxes charged and payable from emergency levies imposed	132824
under section 5709.194 of the Revised Code and excluding taxes	132825
levied for joint vocational school district purposes;	132826

(e) Fifty per cent of the school district's taxes charged and	132827
payable against all property on the tax list of real and public	132828
utility property for current expenses for tax year 2009, including	132829
taxes charged and payable from emergency levies and excluding	132830
taxes levied for joint vocational school district purposes;	132831

(f) The school district's taxes charged and payable against	132832
all property on the general tax list of personal property for	132833
current expenses for tax year 2009, including taxes charged and	132834
payable from emergency levies;	132835

(g) The amount certified for fiscal year 2010 under division	132836
(A)(2) of section 3317.08 of the Revised Code;	132837

(h) Distributions received during calendar year 2009 from	132838
taxes levied under section 718.09 of the Revised Code.	132839

(23) "Total resources," in the case of a joint vocational	132840
school district, means the sum of amounts in divisions (A)(23)(a)	132841
to (g) of this section less any reduction required under division	132842
(A)(32) of this section.	132843

(a) The state education aid for fiscal year 2010;

132844

(b) The sum of the payments received by the joint vocational	132845
school district in fiscal year 2010 for current expense levy	132846
losses pursuant to division (C)(2) of section 5727.85 and	132847
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	132848

(c) Fifty per cent of the joint vocational school district's	132849
taxes charged and payable against all property on the tax list of	132850
real and public utility property for current expense purposes for	132851
tax year 2008;	132852

(d) Fifty per cent of the joint vocational school district's	132853
taxes charged and payable against all property on the tax list of	132854
real and public utility property for current expenses for tax year	132855
2009;	132856

(e) Fifty per cent of a city, local, or exempted village	132857
school district's taxes charged and payable against all property	132858
on the tax list of real and public utility property for current	132859
expenses of the joint vocational school district for tax year	132860
2008;	132861

(f) Fifty per cent of a city, local, or exempted village	132862
school district's taxes charged and payable against all property	132863
on the tax list of real and public utility property for current	132864
expenses of the joint vocational school district for tax year	132865
2009;	132866

(g) The joint vocational school district's taxes charged and	132867
payable against all property on the general tax list of personal	132868
property for current expenses for tax year 2009.	132869

(24) "Total resources," in the case of county mental health	132870
and disability related functions, means the sum of the amounts in	132871
divisions (A)(24)(a) and (b) of this section less any reduction	132872
required under division (A)(32) of this section.	132873

(a) The sum of the payments received by the county for mental	132874
health and developmental disability related functions in calendar	132875
year 2010 under division (A)(1) of section 5727.86 and division	132876
(A)(1) and (2) of section 5751.22 of the Revised Code as they	132877
existed at that time;	132878

(b) With respect to taxes levied by the county for mental	132879
health and developmental disability related purposes, the taxes	132880
charged and payable for such purposes against all property on the	132881
tax list of real and public utility property for tax year 2009.	132882

(25) "Total resources," in the case of county senior services	132883
related functions, means the sum of the amounts in divisions	132884
(A)(25)(a) and (b) of this section less any reduction required	132885
under division (A)(32) of this section.	132886

(a) The sum of the payments received by the county for senior	132887
services related functions in calendar year 2010 under division	132888
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	132889
5751.22 of the Revised Code as they existed at that time;	132890

(b) With respect to taxes levied by the county for senior	132891
services related purposes, the taxes charged and payable for such	132892
purposes against all property on the tax list of real and public	132893
utility property for tax year 2009.	132894

(26) "Total resources," in the case of county children's	132895
services related functions, means the sum of the amounts in	132896
divisions (A)(26)(a) and (b) of this section less any reduction	132897
required under division (A)(32) of this section.	132898

(a) The sum of the payments received by the county for	132899
children's services related functions in calendar year 2010 under	132900
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	132901
section 5751.22 of the Revised Code as they existed at that time;	132902

(b) With respect to taxes levied by the county for children's	132903
services related purposes, the taxes charged and payable for such	132904
purposes against all property on the tax list of real and public	132905
utility property for tax year 2009.	132906

(27) "Total resources," in the case of county public health	132907
related functions, means the sum of the amounts in divisions	132908
(A)(27)(a) and (b) of this section less any reduction required	132909
under division (A)(32) of this section.	132910

(a) The sum of the payments received by the county for public	132911
health related functions in calendar year 2010 under division	132912
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	132913
5751.22 of the Revised Code as they existed at that time;	132914

(b) With respect to taxes levied by the county for public	132915
health related purposes, the taxes charged and payable for such	132916
purposes against all property on the tax list of real and public	132917
utility property for tax year 2009.	132918

(28) "Total resources," in the case of all county functions	132919
not included in divisions (A)(24) to (27) of this section, means	132920
the sum of the amounts in divisions (A)(28)(a) to (d) of this	132921
section less any reduction required under division (A)(32) of this	132922
section.	132923

(a) The sum of the payments received by the county for all	132924
other purposes in calendar year 2010 under division (A)(1) of	132925
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	132926
the Revised Code as they existed at that time;	132927

(b) The county's percentage share of county undivided local	132928
government fund allocations as certified to the tax commissioner	132929
for calendar year 2010 by the county auditor under division (J) of	132930
section 5747.51 of the Revised Code or division (F) of section	132931
5747.53 of the Revised Code multiplied by the total amount	132932
actually distributed in calendar year 2010 from the county	132933
undivided local government fund;	132934

(c) With respect to taxes levied by the county for all other	132935
purposes, the taxes charged and payable for such purposes against	132936
all property on the tax list of real and public utility property	132937
for tax year 2009, excluding taxes charged and payable for the	132938
purpose of paying debt charges;	132939

(d) The sum of the amounts distributed to the county in	132940
calendar year 2010 for the taxes levied pursuant to sections	132941
5739.021 and 5741.021 of the Revised Code.	132942

(29) "Total resources," in the case of a municipal	132943
corporation, means the sum of the amounts in divisions (A)(29)(a)	132944
to (g) of this section less any reduction required under division	132945
(A)(32) of this section.	132946

(a) The sum of the payments received by the municipal	132947
corporation in calendar year 2010 under division (A)(1) of section	132948
5727.86 and divisions (A)(1) and (2) of section 5751.22 of the	132949
Revised Code as they existed at that time;	132950

(b) The municipal corporation's percentage share of county	132951
undivided local government fund allocations as certified to the	132952
tax commissioner for calendar year 2010 by the county auditor	132953
under division (J) of section 5747.51 of the Revised Code or	132954
division (F) of section 5747.53 of the Revised Code multiplied by	132955
the total amount actually distributed in calendar year 2010 from	132956
the county undivided local government fund;	132957

(c) The sum of the amounts distributed to the municipal	132958
corporation in calendar year 2010 pursuant to section 5747.50 of	132959
the Revised Code;	132960

(d) With respect to taxes levied by the municipal	132961
corporation, the taxes charged and payable against all property on	132962
the tax list of real and public utility property for current	132963
expenses, defined in division (A)(33) of this section, for tax	132964
year 2009;	132965

(e) The amount of admissions tax collected by the municipal	132966
corporation in calendar year 2008, or if such information has not	132967
yet been reported to the tax commissioner, in the most recent year	132968
before 2008 for which the municipal corporation has reported data	132969
to the commissioner;	132970

(f) The amount of income taxes collected by the municipal	132971
corporation in calendar year 2008, or if such information has not	132972
yet been reported to the tax commissioner, in the most recent year	132973
before 2008 for which the municipal corporation has reported data	132974
to the commissioner;	132975

(g) The municipal corporation's median estate tax	132976
collections.	132977

(30) "Total resources," in the case of a township, means the	132978
sum of the amounts in divisions (A)(30)(a) to (c) of this section	132979
less any reduction required under division (A)(32) of this	132980
section.	132981

(a) The sum of the payments received by the township in	132982
calendar year 2010 pursuant to division (A)(1) of section 5727.86	132983
of the Revised Code and divisions (A)(1) and (2) of section	132984
5751.22 of the Revised Code as they existed at that time,	132985
excluding payments received for debt purposes;	132986

(b) The township's percentage share of county undivided local	132987
government fund allocations as certified to the tax commissioner	132988
for calendar year 2010 by the county auditor under division (J) of	132989
section 5747.51 of the Revised Code or division (F) of section	132990
5747.53 of the Revised Code multiplied by the total amount	132991
actually distributed in calendar year 2010 from the county	132992
undivided local government fund;	132993

(c) With respect to taxes levied by the township, the taxes	132994
charged and payable against all property on the tax list of real	132995
and public utility property for tax year 2009 excluding taxes	132996
charged and payable for the purpose of paying debt charges.	132997

(31) "Total resources," in the case of a local taxing unit	132998
that is not a county, municipal corporation, or township, means	132999
the sum of the amounts in divisions (A)(31)(a) to (e) of this	133000
section less any reduction required under division (A)(32) of this	133001
section.	133002

(a) The sum of the payments received by the local taxing unit	133003
in calendar year 2010 pursuant to division (A)(1) of section	133004
5727.86 of the Revised Code and divisions (A)(1) and (2) of	133005
section 5751.22 of the Revised Code as they existed at that time;	133006

(b) The local taxing unit's percentage share of county	133007
undivided local government fund allocations as certified to the	133008
tax commissioner for calendar year 2010 by the county auditor	133009
under division (J) of section 5747.51 of the Revised Code or	133010
division (F) of section 5747.53 of the Revised Code multiplied by	133011
the total amount actually distributed in calendar year 2010 from	133012
the county undivided local government fund;	133013

(c) With respect to taxes levied by the local taxing unit,	133014
the taxes charged and payable against all property on the tax list	133015
of real and public utility property for tax year 2009 excluding	133016
taxes charged and payable for the purpose of paying debt charges;	133017

(d) The amount received from the tax commissioner during	133018
calendar year 2010 for sales or use taxes authorized under	133019
sections 5739.023 and 5741.022 of the Revised Code;	133020

(e) For institutions of higher education receiving tax	133021
revenue from a local levy, as identified in section 3358.02 of the	133022
Revised Code, the final state share of instruction allocation for	133023
fiscal year 2010 as calculated by the board of regents and	133024
reported to the state controlling board.	133025

(32) If a fixed-rate levy that is a qualifying levy is not	133026
imposed in any year after tax year 2010, "total resources" used to	133027
compute payments to be made under division (C)(12) of section	133028
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	133029
Revised Code in the tax years following the last year the levy is	133030
imposed shall be reduced by the amount of payments attributable to	133031
the fixed-rate levy loss of that levy as would be computed under	133032
division (C)(2) of section 5727.85, division (A)(1) of section	133033
5727.85, divisions (C)(8) and (9) of section 5751.21, or division	133034
(A)(1) of section 5751.22 of the Revised Code.	133035

(33) "Municipal current expense property tax levies" means	133036
all property tax levies of a municipality, except those with the	133037
following levy names: airport resurfacing; bond or any levy name	133038
including the word "bond"; capital improvement or any levy name	133039
including the word "capital"; debt or any levy name including the	133040
word "debt"; equipment or any levy name including the word	133041
"equipment," unless the levy is for combined operating and	133042
equipment; employee termination fund; fire pension or any levy	133043
containing the word "pension," including police pensions;	133044
fireman's fund or any practically similar name; sinking fund; road	133045
improvements or any levy containing the word "road"; fire truck or	133046
apparatus; flood or any levy containing the word "flood";	133047
conservancy district; county health; note retirement; sewage, or	133048
any levy containing the words "sewage" or "sewer"; park	133049
improvement; parkland acquisition; storm drain; street or any levy	133050
name containing the word "street"; lighting, or any levy name	133051
containing the word "lighting"; and water.	133052

(34) "Current expense TPP allocation" means, in the case of a	133053
school district or joint vocational school district, the sum of	133054
the payments received by the school district in fiscal year 2011	133055
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	133056
Revised Code to the extent paid for current expense levies. In the	133057
case of a municipal corporation, "current expense TPP allocation"	133058
means the sum of the payments received by the municipal	133059
corporation in calendar year 2010 pursuant to divisions (A)(1) and	133060
(2) of section 5751.22 of the Revised Code to the extent paid for	133061
municipal current expense property tax levies as defined in	133062
division (A)(33) of this section. If a fixed-rate levy that is a	133063
qualifying levy is not imposed in any year after tax year 2010,	133064
"current expense TPP allocation" used to compute payments to be	133065
made under division (C)(12) of section 5751.21 or division	133066
(A)(1)(b) or (c) of section 5751.22 of the Revised Code in the tax	133067
years following the last year the levy is imposed shall be reduced	133068
by the amount of payments attributable to the fixed-rate levy loss	133069
of that levy as would be computed under divisions (C)(10) and (11)	133070
of section 5751.21 or division (A)(1) of section 5751.22 of the	133071
Revised Code.	133072

(35) "TPP allocation" means the sum of payments received by a	133073
local taxing unit in calendar year 2010 pursuant to divisions	133074
(A)(1) and (2) of section 5751.22 of the Revised Code. If a	133075
fixed-rate levy that is a qualifying levy is not imposed in any	133076
year after tax year 2010, "TPP allocation" used to compute	133077
payments to be made under division (A)(1)(b) or (c) of section	133078
5751.22 of the Revised Code in the tax years following the last	133079
year the levy is imposed shall be reduced by the amount of payment	133080
attributable to the fixed-rate levy loss of that levy as would be	133081
computed under division (A)(1) of that section.	133082

(36) "Total TPP allocation" means, in the case of a school	133083
district or joint vocational school district, the sum of the	133084
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	133085
and (11) and (D) of section 5751.21 of the Revised Code. In the	133086
case of a local taxing unit, "total TPP allocation" means the sum	133087
of payments received by the unit in calendar year 2010 pursuant to	133088
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	133089
Code. If a fixed-rate levy that is a qualifying levy is not	133090
imposed in any year after tax year 2010, "total TPP allocation"	133091
used to compute payments to be made under division (C)(12) of	133092
section 5751.21 or division (A)(1)(b) or (c) of section 5751.22 of	133093
the Revised Code in the tax years following the last year the levy	133094
is imposed shall be reduced by the amount of payments attributable	133095
to the fixed-rate levy loss of that levy as would be computed	133096
under divisions (C)(10) and (11) of section 5751.21 or division	133097
(A)(1) of section 5751.22 of the Revised Code.	133098

(37) "Non-current expense TPP allocation" means the	133099
difference of total TPP allocation minus the sum of current	133100
expense TPP allocation and the portion of total TPP allocation	133101
constituting reimbursement for debt levies, pursuant to division	133102
(D) of section 5751.21 of the Revised Code in the case of a school	133103
district or joint vocational school district and pursuant to	133104
division (A)(3) of section 5751.22 of the Revised Code in the case	133105
of a municipal corporation.	133106

(38) "Threshold per cent" means, in the case of a school	133107
district or joint vocational school district, two per cent for	133108
fiscal year 2012 and four per cent for fiscal years 2013 and	133109
thereafter. In the case of a local taxing unit, "threshold per	133110
cent" means two per cent for tax year 2011, four per cent for tax	133111
year 2012, and six per cent for tax years 2013 and thereafter.	133112

(B) The commercial activities tax receipts fund is hereby	133113
created in the state treasury and shall consist of money arising	133114
from the tax imposed under this chapter. Eighty-five	133115
one-hundredths of one per cent of the money credited to that fund	133116
shall be credited to the tax reform system implementation fund,	133117
which is hereby created in the state treasury, and shall be used	133118
to defray the costs incurred by the department of taxation in	133119
administering the tax imposed by this chapter and in implementing	133120
tax reform measures. The remainder in the commercial activities	133121
tax receipts fund shall be credited for each fiscal year in the	133122
following percentages to the general revenue fund, to the school	133123
district tangible property tax replacement fund, which is hereby	133124
created in the state treasury for the purpose of making the	133125
payments described in section 5751.21 of the Revised Code, and to	133126
the local government tangible property tax replacement fund, which	133127
is hereby created in the state treasury for the purpose of making	133128
the payments described in section 5751.22 of the Revised Code, in	133129
the following percentages:	133130

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	133131
2006	67.7%	22.6%	9.7%	133132
2007	0%	70.0%	30.0%	133133
2008	0%	70.0%	30.0%	133134
2009	0%	70.0%	30.0%	133135
2010	0%	70.0%	30.0%	133136
2011	0%	70.0%	30.0%	133137
2012	~~5.3~~ 25.0%	~~70.0~~ 52.5%	~~24.7~~ 22.5%	133138
2013 and thereafter	~~10.6~~ 50.0%	~~70.0~~ 35.0%	~~19.4~~ 15.0%	133139
~~2014~~	~~14.1%~~	~~70.0%~~	~~15.9%~~	133140
~~2015~~	~~17.6%~~	~~70.0%~~%	~~12.4%~~	133141
~~2016~~	~~21.1%~~	~~70.0%~~%	~~8.9%~~	133142
~~2017~~	~~24.6%~~	~~70.0%~~%	~~5.4%~~	133143
~~2018~~	~~28.1%~~	~~70.0%~~%	~~1.9%~~	133144
~~2019 and thereafter~~	~~30%~~	~~70%~~%	0%	133145

(C) Not later than September 15, 2005, the tax commissioner	133146
shall determine for each school district, joint vocational school	133147
district, and local taxing unit its machinery and equipment,	133148
inventory property, furniture and fixtures property, and telephone	133149
property tax value losses, which are the applicable amounts	133150
described in divisions (C)(1), (2), (3), and (4) of this section,	133151
except as provided in division (C)(5) of this section:	133152

(1) Machinery and equipment property tax value loss is the	133153
taxable value of machinery and equipment property as reported by	133154
taxpayers for tax year 2004 multiplied by:	133155

(a) For tax year 2006, thirty-three and eight-tenths per	133156
cent;	133157

(b) For tax year 2007, sixty-one and three-tenths per cent;

133158

133159

(d) For tax year 2009 and thereafter, one hundred per cent.

133160

(2) Inventory property tax value loss is the taxable value of	133161
inventory property as reported by taxpayers for tax year 2004	133162
multiplied by:	133163

(a) For tax year 2006, a fraction, the numerator of which is	133164
five and three-fourths and the denominator of which is	133165
twenty-three;	133166

(b) For tax year 2007, a fraction, the numerator of which is	133167
nine and one-half and the denominator of which is twenty-three;	133168

(c) For tax year 2008, a fraction, the numerator of which is	133169
thirteen and one-fourth and the denominator of which is	133170
twenty-three;	133171

(d) For tax year 2009 and thereafter a fraction, the	133172
numerator of which is seventeen and the denominator of which is	133173
twenty-three.	133174

(3) Furniture and fixtures property tax value loss is the	133175
taxable value of furniture and fixture property as reported by	133176
taxpayers for tax year 2004 multiplied by:	133177

(a) For tax year 2006, twenty-five per cent;

133178

(b) For tax year 2007, fifty per cent;

133179

133180

(d) For tax year 2009 and thereafter, one hundred per cent.

133181

The taxable value of property reported by taxpayers used in	133182
divisions (C)(1), (2), and (3) of this section shall be such	133183
values as determined to be final by the tax commissioner as of	133184
August 31, 2005. Such determinations shall be final except for any	133185
correction of a clerical error that was made prior to August 31,	133186
2005, by the tax commissioner.	133187

(4) Telephone property tax value loss is the taxable value of	133188
telephone property as taxpayers would have reported that property	133189
for tax year 2004 if the assessment rate for all telephone	133190
property for that year were twenty-five per cent, multiplied by:	133191

(a) For tax year 2006, zero per cent;

133192

(b) For tax year 2007, zero per cent;

133193

133194

(d) For tax year 2009, sixty per cent;

133195

(e) For tax year 2010, eighty per cent;

133196

(f) For tax year 2011 and thereafter, one hundred per cent.

133197

(5) Division (C)(5) of this section applies to any school	133198
district, joint vocational school district, or local taxing unit	133199
in a county in which is located a facility currently or formerly	133200
devoted to the enrichment or commercialization of uranium or	133201
uranium products, and for which the total taxable value of	133202
property listed on the general tax list of personal property for	133203
any tax year from tax year 2001 to tax year 2004 was fifty per	133204
cent or less of the taxable value of such property listed on the	133205
general tax list of personal property for the next preceding tax	133206
year.	133207

In computing the fixed-rate levy losses under divisions	133208
(D)(1), (2), and (3) of this section for any school district,	133209
joint vocational school district, or local taxing unit to which	133210
division (C)(5) of this section applies, the taxable value of such	133211
property as listed on the general tax list of personal property	133212
for tax year 2000 shall be substituted for the taxable value of	133213
such property as reported by taxpayers for tax year 2004, in the	133214
taxing district containing the uranium facility, if the taxable	133215
value listed for tax year 2000 is greater than the taxable value	133216
reported by taxpayers for tax year 2004. For the purpose of making	133217
the computations under divisions (D)(1), (2), and (3) of this	133218
section, the tax year 2000 valuation is to be allocated to	133219
machinery and equipment, inventory, and furniture and fixtures	133220
property in the same proportions as the tax year 2004 values. For	133221
the purpose of the calculations in division (A) of section 5751.21	133222
of the Revised Code, the tax year 2004 taxable values shall be	133223
used.	133224

To facilitate the calculations required under division (C) of	133225
this section, the county auditor, upon request from the tax	133226
commissioner, shall provide by August 1, 2005, the values of	133227
machinery and equipment, inventory, and furniture and fixtures for	133228
all single-county personal property taxpayers for tax year 2004.	133229

(D) Not later than September 15, 2005, the tax commissioner	133230
shall determine for each tax year from 2006 through 2009 for each	133231
school district, joint vocational school district, and local	133232
taxing unit its machinery and equipment, inventory, and furniture	133233
and fixtures fixed-rate levy losses, and for each tax year from	133234
2006 through 2011 its telephone property fixed-rate levy loss.	133235
Except as provided in division (F) of this section, such losses	133236
are the applicable amounts described in divisions (D)(1), (2),	133237
(3), and (4) of this section:	133238

(1) The machinery and equipment fixed-rate levy loss is the	133239
machinery and equipment property tax value loss multiplied by the	133240
sum of the tax rates of fixed-rate qualifying levies.	133241

(2) The inventory fixed-rate loss is the inventory property	133242
tax value loss multiplied by the sum of the tax rates of	133243
fixed-rate qualifying levies.	133244

(3) The furniture and fixtures fixed-rate levy loss is the	133245
furniture and fixture property tax value loss multiplied by the	133246
sum of the tax rates of fixed-rate qualifying levies.	133247

(4) The telephone property fixed-rate levy loss is the	133248
telephone property tax value loss multiplied by the sum of the tax	133249
rates of fixed-rate qualifying levies.	133250

(E) Not later than September 15, 2005, the tax commissioner	133251
shall determine for each school district, joint vocational school	133252
district, and local taxing unit its fixed-sum levy loss. The	133253
fixed-sum levy loss is the amount obtained by subtracting the	133254
amount described in division (E)(2) of this section from the	133255
amount described in division (E)(1) of this section:	133256

(1) The sum of the machinery and equipment property tax value	133257
loss, the inventory property tax value loss, and the furniture and	133258
fixtures property tax value loss, and, for 2008 through ~~2017~~2010,	133259
the telephone property tax value loss of the district or unit	133260
multiplied by the sum of the fixed-sum tax rates of qualifying	133261
levies. For 2006 through 2010, this computation shall include all	133262
qualifying levies remaining in effect for the current tax year and	133263
any school district levies imposed under section 5705.194 or	133264
5705.213 of the Revised Code that are qualifying levies not	133265
remaining in effect for the current year. For 2011 through 2017 in	133266
the case of school district levies imposed under section 5705.194	133267
or 5705.213 of the Revised Code and for all years after 2010 in	133268
the case of other fixed-sum levies, this computation shall include	133269
only qualifying levies remaining in effect for the current year.	133270
For purposes of this computation, a qualifying school district	133271
levy imposed under section 5705.194 or 5705.213 of the Revised	133272
Code remains in effect in a year after 2010 only if, for that	133273
year, the board of education levies a school district levy imposed	133274
under section 5705.194, 5705.199, 5705.213, or 5705.219 of the	133275
Revised Code for an annual sum at least equal to the annual sum	133276
levied by the board in tax year 2004 less the amount of the	133277
payment certified under this division for 2006.	133278

(2) The total taxable value in tax year 2004 less the sum of	133279
the machinery and equipment, inventory, furniture and fixtures,	133280
and telephone property tax value losses in each school district,	133281
joint vocational school district, and local taxing unit multiplied	133282
by one-half of one mill per dollar.	133283

(3) For the calculations in divisions (E)(1) and (2) of this	133284
section, the tax value losses are those that would be calculated	133285
for tax year 2009 under divisions (C)(1), (2), and (3) of this	133286
section and for tax year 2011 under division (C)(4) of this	133287
section.	133288

(4) To facilitate the calculation under divisions (D) and (E)	133289
of this section, not later than September 1, 2005, any school	133290
district, joint vocational school district, or local taxing unit	133291
that has a qualifying levy that was approved at an election	133292
conducted during 2005 before September 1, 2005, shall certify to	133293
the tax commissioner a copy of the county auditor's certificate of	133294
estimated property tax millage for such levy as required under	133295
division (B) of section 5705.03 of the Revised Code, which is the	133296
rate that shall be used in the calculations under such divisions.	133297

If the amount determined under division (E) of this section	133298
for any school district, joint vocational school district, or	133299
local taxing unit is greater than zero, that amount shall equal	133300
the reimbursement to be paid pursuant to division (E) of section	133301
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	133302
and the one-half of one mill that is subtracted under division	133303
(E)(2) of this section shall be apportioned among all contributing	133304
fixed-sum levies in the proportion that each levy bears to the sum	133305
of all fixed-sum levies within each school district, joint	133306
vocational school district, or local taxing unit.	133307

(F) If a school district levies a tax under section 5705.219	133308
of the Revised Code, the fixed-rate levy loss for qualifying	133309
levies, to the extent repealed under that section, shall equal the	133310
sum of the following amounts in lieu of the amounts computed for	133311
such levies under division (D) of this section:	133312

(1) The sum of the rates of qualifying levies to the extent	133313
so repealed multiplied by the sum of the machinery and equipment,	133314
inventory, and furniture and fixtures tax value losses for 2009 as	133315
determined under that division;	133316

(2) The sum of the rates of qualifying levies to the extent	133317
so repealed multiplied by the telephone property tax value loss	133318
for 2011 as determined under that division.	133319

The fixed-rate levy losses for qualifying levies to the	133320
extent not repealed under section 5705.219 of the Revised Code	133321
shall be as determined under division (D) of this section. The	133322
revised fixed-rate levy losses determined under this division and	133323
division (D) of this section first apply in the year following the	133324
first year the district levies the tax under section 5705.219 of	133325
the Revised Code.	133326

(G) Not later than October 1, 2005, the tax commissioner	133327
shall certify to the department of education for every school	133328
district and joint vocational school district the machinery and	133329
equipment, inventory, furniture and fixtures, and telephone	133330
property tax value losses determined under division (C) of this	133331
section, the machinery and equipment, inventory, furniture and	133332
fixtures, and telephone fixed-rate levy losses determined under	133333
division (D) of this section, and the fixed-sum levy losses	133334
calculated under division (E) of this section. The calculations	133335
under divisions (D) and (E) of this section shall separately	133336
display the levy loss for each levy eligible for reimbursement.	133337

(H) Not later than October 1, 2005, the tax commissioner	133338
shall certify the amount of the fixed-sum levy losses to the	133339
county auditor of each county in which a school district, joint	133340
vocational school district, or local taxing unit with a fixed-sum	133341
levy loss reimbursement has territory.	133342

(I) Not later than the twenty-eighth day of February each	133343
year beginning in 2011 and ending in 2014, the tax commissioner	133344
shall certify to the department of education for each school	133345
district first levying a tax under section 5705.219 of the Revised	133346
Code in the preceding year the revised fixed-rate levy losses	133347
determined under divisions (D) and (F) of this section.	133348

Sec. 5751.21. (A) Not later than the thirtieth day of July	133349
of 2007 through ~~2017~~2010, the department of education shall	133350
consult with the director of budget and management and determine	133351
the following for each school district and each joint vocational	133352
school district eligible for payment under division (B) of this	133353
section:	133354

(1) The state education aid offset, which, except as provided	133355
in division (A)(1)(c) of this section, is the difference obtained	133356
by subtracting the amount described in division (A)(1)(b) of this	133357
section from the amount described in division (A)(1)(a) of this	133358
section:	133359

(a) The state education aid computed for the school district	133360
or joint vocational school district for the current fiscal year as	133361
of the thirtieth day of July;	133362

(b) The state education aid that would be computed for the	133363
school district or joint vocational school district for the	133364
current fiscal year as of the thirtieth day of July if the	133365
~~recognized~~ valuation used in the calculation in division (B)(1) of	133366
section 3306.13 of the Revised Code as that division existed for	133367
fiscal years 2010 and 2011 included the machinery and equipment,	133368
inventory, furniture and fixtures, and telephone property tax	133369
value losses for the school district or joint vocational school	133370
district for the second preceding tax year, and if taxes charged	133371
and payable associated with the tax value losses are accounted for	133372
in any state education aid computation dependent on taxes charged	133373
and payable.	133374

(c) The state education aid offset for fiscal year 2010 and	133375
fiscal year 2011 equals the greater of the state education aid	133376
offset calculated for that fiscal year under divisions (A)(1)(a)	133377
and (b) of this section and the state education aid offset	133378
calculated for fiscal year 2009. For fiscal year 2012 and 2013,	133379
the state education aid offset equals the state education aid	133380
offset for fiscal year 2011.	133381

(2) ~~The~~For fiscal years 2008 through 2011, the greater of	133382
zero or the difference obtained by subtracting the state education	133383
aid offset determined under division (A)(1) of this section from	133384
the sum of the machinery and equipment fixed-rate levy loss, the	133385
inventory fixed-rate levy loss, furniture and fixtures fixed-rate	133386
levy loss, and telephone property fixed-rate levy loss certified	133387
under divisions (G) and (I) of section 5751.20 of the Revised Code	133388
for all taxing districts in each school district and joint	133389
vocational school district for the second preceding tax year.	133390

By the thirtieth day of July of each such year, the	133391
department of education and the director of budget and management	133392
shall agree upon the amount to be determined under division (A)(1)	133393
of this section.	133394

(B) On or before the thirty-first day of August of ~~each year~~	133395
~~beginning in~~ 2008, 2009, and 2010, the department of education	133396
shall recalculate the offset described under division (A) of this	133397
section for the previous fiscal year and recalculate the payments	133398
made under division (C) of this section in the preceding fiscal	133399
year using the offset calculated under this division. If the	133400
payments calculated under this division differ from the payments	133401
made under division (C) of this section in the preceding fiscal	133402
year, the difference shall either be paid to a school district or	133403
recaptured from a school district through an adjustment at the	133404
same times during the current fiscal year that the payments under	133405
division (C) of this section are made. In August and October of	133406
the current fiscal year, the amount of each adjustment shall be	133407
three-sevenths of the amount calculated under this division. In	133408
May of the current fiscal year, the adjustment shall be	133409
one-seventh of the amount calculated under this division.	133410

(C) The department of education shall pay from the school	133411
district tangible property tax replacement fund to each school	133412
district and joint vocational school district all of the following	133413
for fixed-rate levy losses certified under divisions (G) and (I)	133414
of section 5751.20 of the Revised Code:	133415

(1) On or before May 31, 2006, one-seventh of the total	133416
fixed-rate levy loss for tax year 2006;	133417

(2) On or before August 31, 2006, and October 31, 2006,	133418
one-half of six-sevenths of the total fixed-rate levy loss for tax	133419
year 2006;	133420

(3) On or before May 31, 2007, one-seventh of the total	133421
fixed-rate levy loss for tax year 2007;	133422

(4) On or before August 31, 2007, and October 31, 2007,	133423
forty-three per cent of the amount determined under division	133424
(A)(2) of this section for fiscal year 2008, but not less than	133425
zero, plus one-half of six-sevenths of the difference between the	133426
total fixed-rate levy loss for tax year 2007 and the total	133427
fixed-rate levy loss for tax year 2006.	133428

(5) On or before May 31, 2008, fourteen per cent of the	133429
amount determined under division (A)(2) of this section for fiscal	133430
year 2008, but not less than zero, plus one-seventh of the	133431
difference between the total fixed-rate levy loss for tax year	133432
2008 and the total fixed-rate levy loss for tax year 2006.	133433

(6) On or before August 31, 2008, and October 31, 2008,	133434
forty-three per cent of the amount determined under division	133435
(A)(2) of this section for fiscal year 2009, but not less than	133436
zero, plus one-half of six-sevenths of the difference between the	133437
total fixed-rate levy loss in tax year 2008 and the total	133438
fixed-rate levy loss in tax year 2007.	133439

(7) On or before May 31, 2009, fourteen per cent of the	133440
amount determined under division (A)(2) of this section for fiscal	133441
year 2009, but not less than zero, plus one-seventh of the	133442
difference between the total fixed-rate levy loss for tax year	133443
2009 and the total fixed-rate levy loss for tax year 2007.	133444

(8) On or before August 31, 2009, and October 31, 2009,	133445
forty-three per cent of the amount determined under division	133446
(A)(2) of this section for fiscal year 2010, but not less than	133447
zero, plus one-half of six-sevenths of the difference between the	133448
total fixed-rate levy loss in tax year 2009 and the total	133449
fixed-rate levy loss in tax year 2008.	133450

(9) On or before May 31, 2010, fourteen per cent of the	133451
amount determined under division (A)(2) of this section for fiscal	133452
year 2010, but not less than zero, plus one-seventh of the	133453
difference between the total fixed-rate levy loss in tax year 2010	133454
and the total fixed-rate levy loss in tax year 2008.	133455

(10) On or before August 31, 2010, and October 31, 2010,	133456
forty-three per cent of the amount determined under division	133457
(A)(2) of this section for fiscal year 2011, but not less than	133458
zero, plus one-half of six-sevenths of the difference between the	133459
telephone property fixed-rate levy loss for tax year 2010 and the	133460
telephone property fixed-rate levy loss for tax year 2009.	133461

(11) On or before May 31, 2011, fourteen per cent of the	133462
amount determined under division (A)(2) of this section for fiscal	133463
year 2011, but not less than zero, plus one-seventh of the	133464
difference between the telephone property fixed-rate levy loss for	133465
tax year 2011 and the telephone property fixed-rate levy loss for	133466
tax year 2009.	133467

(12) ~~On or before August 31, 2011, and October 31, 2011,~~	133468
~~forty-three per cent of the amount determined under division~~	133469
~~(A)(2) of this section, but not less than zero, plus one-half of~~	133470
~~six-sevenths of the difference between the telephone property~~	133471
~~fixed-rate levy loss for tax year 2011 and the telephone property~~	133472
~~fixed-rate levy loss for tax year 2010.~~	133473

~~(13) On or before May 31, 2012, fourteen per cent of the~~	133474
~~amount determined under division (A)(2) of this section for fiscal~~	133475
~~year 2012, but not less than zero, plus one-seventh of the~~	133476
~~difference between the telephone property fixed-rate levy loss for~~	133477
~~tax year 2011 and the telephone property fixed-rate levy loss for~~	133478
~~tax year 2010.~~	133479

~~(14) On or before August 31, 2012, October 31, 2012, and May~~	133480
~~31, 2013, the amount determined under division (A)(2) of this~~	133481
~~section but not less than zero, multiplied by one-third.~~	133482

~~(15) On or before August 31, 2013, October 31, 2013, and May~~	133483
~~31, 2014, the amount determined under division (A)(2) of this~~	133484
~~section multiplied by a fraction, the numerator of which is nine~~	133485
~~and the denominator of which is seventeen, but not less than zero,~~	133486
~~multiplied by one-third.~~	133487

~~(16) On or before August 31, 2014, October 31, 2014, and May~~	133488
~~31, 2015, the amount determined under division (A)(2) of this~~	133489
~~section multiplied by a fraction, the numerator of which is seven~~	133490
~~and the denominator of which is seventeen, but not less than zero,~~	133491
~~multiplied by one-third.~~	133492

~~(17) On or before August 31, 2015, October 31, 2015, and May~~	133493
~~31, 2016, the amount determined under division (A)(2) of this~~	133494
~~section multiplied by a fraction, the numerator of which is five~~	133495
~~and the denominator of which is seventeen, but not less than zero,~~	133496
~~multiplied by one-third.~~	133497

~~(18) On or before August 31, 2016, October 31, 2016, and May~~	133498
~~31, 2017, the amount determined under division (A)(2) of this~~	133499
~~section multiplied by a fraction, the numerator of which is three~~	133500
~~and the denominator of which is seventeen, but not less than zero,~~	133501
~~multiplied by one-third.~~	133502

~~(19) On or before August 31, 2017, October 31, 2017, and May~~	133503
~~31, 2018, the amount determined under division (A)(2) of this~~	133504
~~section multiplied by a fraction, the numerator of which is one~~	133505
~~and the denominator of which is seventeen, but not less than zero,~~	133506
~~multiplied by one-third~~For fiscal years 2012 and thereafter, the	133507
sum of the amounts in divisions (C)(12)(a) or (b) and (c) of this	133508
section shall be paid on or before the twentieth day of November	133509
and the last day of May:	133510

(a) If the ratio of current expense TPP allocation to total	133511
resources is equal to or less than the threshold per cent, zero;	133512

(b) If the ratio of current expense TPP allocation to total	133513
resources is greater than the threshold per cent, fifty per cent	133514
of the difference of current expense TPP allocation minus the	133515
product of total resources multiplied by the threshold per cent;	133516

(c) Fifty per cent of the product of non-current expense TPP	133517
allocation multiplied by seventy-five per cent for fiscal year	133518
2012 and fifty per cent for fiscal years 2013 and thereafter.	133519

The department of education shall report to each school	133520
district and joint vocational school district the apportionment of	133521
the payments among the school district's or joint vocational	133522
school district's funds based on the certifications under	133523
divisions (G) and (I) of section 5751.20 of the Revised Code.	133524

~~Any qualifying levy that is a fixed-rate levy that is not~~	133525
~~applicable to a tax year after 2010 does not qualify for any~~	133526
~~reimbursement after the tax year to which it is last applicable.~~	133527

(D) For taxes levied within the ten-mill limitation for debt	133528
purposes in tax year 2005, payments shall be made equal to one	133529
hundred per cent of the loss computed as if the tax were a	133530
fixed-rate levy, but those payments shall extend from fiscal year	133531
2006 through fiscal year 2018, as long as the qualifying levy	133532
continues to be used for debt purposes. If the purpose of such a	133533
qualifying levy is changed, that levy becomes subject to the	133534
payments determined in division (C) of this section.	133535

(E)(1) Not later than January 1, 2006, for each fixed-sum	133536
levy of each school district or joint vocational school district	133537
and for each year for which a determination is made under division	133538
(E) of section 5751.20 of the Revised Code that a fixed-sum levy	133539
loss is to be reimbursed, the tax commissioner shall certify to	133540
the department of education the fixed-sum levy loss determined	133541
under that division. The certification shall cover a time period	133542
sufficient to include all fixed-sum levies for which the	133543
commissioner made such a determination. ~~The~~On or before the last	133544
day of May of the current year, the department shall pay from the	133545
school district property tax replacement fund to the school	133546
district or joint vocational school district one-third of the	133547
fixed-sum levy loss so certified ~~for each year~~, plus one-third of	133548
the amount certified under division (I) of section 5751.20 of the	133549
Revised Code, and on or before the ~~last~~twentieth day of ~~May,~~	133550
~~August, and October of the current year~~November, two-thirds of	133551
the fixed-sum levy loss so certified, plus two-thirds of the	133552
amount certified under division (I) of section 5751.20 of the	133553
Revised Code. Payments under this division of the amounts	133554
certified under division (I) of section 5751.20 of the Revised	133555
Code shall continue until the levy adopted under section 5705.219	133556
of the Revised Code expires.	133557

(2) Beginning in 2006, by the first day of January of each	133558
year, the tax commissioner shall review the certification	133559
originally made under division (E)(1) of this section. If the	133560
commissioner determines that a debt levy that had been scheduled	133561
to be reimbursed in the current year has expired, a revised	133562
certification for that and all subsequent years shall be made to	133563
the department of education.	133564

(F) Beginning in September 2007 and through June ~~2018~~2013,	133565
the director of budget and management shall transfer from the	133566
school district tangible property tax replacement fund to the	133567
general revenue fund each of the following:	133568

(1) On the first day of September, one-fourth of the amount	133569
determined for that fiscal year under division (A)(1) of this	133570
section;	133571

(2) On the first day of December, one-fourth of the amount	133572
determined for that fiscal year under division (A)(1) of this	133573
section;	133574

(3) On the first day of March, one-fourth of the amount	133575
determined for that fiscal year under division (A)(1) of this	133576
section;	133577

(4) On the first day of June, one-fourth of the amount	133578
determined for that fiscal year under division (A)(1) of this	133579
section.	133580

If, when a transfer is required under division (F)(1), (2),	133581
(3), or (4) of this section, there is not sufficient money in the	133582
school district tangible property tax replacement fund to make the	133583
transfer in the required amount, the director shall transfer the	133584
balance in the fund to the general revenue fund and may make	133585
additional transfers on later dates as determined by the director	133586
in a total amount that does not exceed one-fourth of the amount	133587
determined for the fiscal year.	133588

(G) ~~For each of the fiscal years 2006 through 2018, if~~If the	133589
total amount in the school district tangible property tax	133590
replacement fund is insufficient to make all payments under	133591
divisions (C), (D), and (E) of this section at the times the	133592
payments are to be made, the director of budget and management	133593
shall transfer from the general revenue fund to the school	133594
district tangible property tax replacement fund the difference	133595
between the total amount to be paid and the amount in the school	133596
district tangible property tax replacement fund. ~~For each fiscal~~	133597
~~year after 2018, at the time payments under division (E) of this~~	133598
~~section are to be made, the director of budget and management~~	133599
~~shall transfer from the general revenue fund to the school~~	133600
~~district property tax replacement fund the amount necessary to~~	133601
~~make such payments.~~	133602

(H)~~(1)~~ On the fifteenth day of June ~~of 2006 through 2011~~of	133603
each year, the director of budget and management may transfer any	133604
balance in the school district tangible property tax replacement	133605
fund to the general revenue fund. ~~At the end of fiscal years 2012~~	133606
~~through 2018, any balance in the school district tangible property~~	133607
~~tax replacement fund shall remain in the fund to be used in future~~	133608
~~fiscal years for school purposes.~~	133609

~~(2) In each fiscal year beginning with fiscal year 2019, all~~	133610
~~amounts credited to the school district tangible personal property~~	133611
~~tax replacement fund shall be appropriated for school purposes.~~	133612

(I) If all of the territory of a school district or joint	133613
vocational school district is merged with another district, or if	133614
a part of the territory of a school district or joint vocational	133615
school district is transferred to an existing or newly created	133616
district, the department of education, in consultation with the	133617
tax commissioner, shall adjust the payments made under this	133618
section as follows:	133619

(1) For a merger of two or more districts, ~~the machinery and~~	133620
~~equipment, inventory, furniture and fixtures, and telephone~~	133621
~~property fixed-rate levy losses and~~ the fixed-sum levy losses,	133622
total resources, current expense TPP allocation, total TPP	133623
allocation, and non-current expense TPP allocation of the	133624
successor district shall be ~~equal to~~ the sum of ~~the machinery and~~	133625
~~equipment, inventory, furniture and fixtures, and telephone~~	133626
~~property fixed-rate levy losses and debt levy losses as determined~~	133627
~~in section 5751.20 of the Revised Code,~~such items for each of the	133628
districts involved in the merger.	133629

(2) If property is transferred from one district to a	133630
previously existing district, the amount of ~~machinery and~~	133631
~~equipment, inventory, furniture and fixtures, and telephone~~	133632
~~property tax value losses and fixed-rate levy losses~~total	133633
resources, current expense TPP allocation, total TPP allocation,	133634
and non-current expense TPP allocation that shall be transferred	133635
to the recipient district shall be an amount equal to ~~the total~~	133636
~~machinery and equipment, inventory, furniture and fixtures, and~~	133637
~~telephone property fixed-rate levy losses~~total resources, current	133638
expense TPP allocation, total TPP allocation, and non-current	133639
expense TPP allocation of the transferor district times a	133640
fraction, the numerator of which is the ~~value of business tangible~~	133641
~~personal property on the land being transferred in the most recent~~	133642
~~year for which data are available~~number of pupils being	133643
transferred to the recipient district, measured, in the case of a	133644
school district, by average daily membership as reported under	133645
division (A) of section 3317.03 of the Revised Code or, in the	133646
case of a joint vocational school district, by formula ADM as	133647
reported in division (D) of that section, and the denominator of	133648
which is the ~~total value of business tangible personal property in~~	133649
~~the district from which the land is being transferred in the most~~	133650
~~recent year for which data are available. For each of the first~~	133651
~~five years after the property is transferred, but not after fiscal~~	133652
~~year 2012, if the tax rate in the recipient district is less than~~	133653
~~the tax rate of the district from which the land was transferred,~~	133654
~~one-half of the payments arising from the amount of fixed-rate~~	133655
~~levy losses so transferred to the recipient district shall be paid~~	133656
~~to the recipient district and one-half of the payments arising~~	133657
~~from the fixed-rate levy losses so transferred shall be paid to~~	133658
~~the district from which the land was transferred. Fixed-rate levy~~	133659
~~losses so transferred shall be computed on the basis of the sum of~~	133660
~~the rates of fixed-rate qualifying levies of the district from~~	133661
~~which the land was transferred, notwithstanding division (E) of~~	133662
~~this section~~average daily membership or formula ADM of the	133663
transferor district.	133664

(3) After December 31, ~~2004~~2010, if property is transferred	133665
from one or more districts to a district that is newly created out	133666
of the transferred property, the newly created district shall be	133667
deemed not to have any ~~machinery and equipment, inventory,~~	133668
~~furniture and fixtures, or telephone property fixed-rate levy~~	133669
~~losses and the districts from which the property was transferred~~	133670
~~shall have no reduction in their machinery and equipment,~~	133671
~~inventory, furniture and fixtures, and telephone property~~	133672
~~fixed-rate levy losses~~total resources, current expense TPP	133673
allocation, total TPP allocation, or non-current expense TPP	133674
allocation.	133675

(4) If the recipient district under division (I)(2) of this	133676
section or the newly created district under division (I)(3) of	133677
this section is assuming debt from one or more of the districts	133678
from which the property was transferred and any of the districts	133679
losing the property had fixed-sum levy losses, the department of	133680
education, in consultation with the tax commissioner, shall make	133681
an equitable division of the fixed-sum levy loss reimbursements.	133682

Sec. 5751.22. (A) Not later than January 1, 2006, the tax	133683
commissioner shall compute the payments to be made to each local	133684
taxing unit for each year according to divisions (A)(1), (2), (3),	133685
and (4) of this section as this section existed on that date, and	133686
shall distribute the payments in the manner prescribed by division	133687
(C) of this section. The calculation of the fixed-sum levy loss	133688
shall cover a time period sufficient to include all fixed-sum	133689
levies for which the commissioner determined, pursuant to division	133690
(E) of section 5751.20 of the Revised Code, that a fixed-sum levy	133691
loss is to be reimbursed.	133692

(1) Except as provided in division (A)~~(4)~~(3) of this section,	133693
for ~~machinery and equipment, inventory, and furniture and fixtures~~	133694
fixed-rate levy losses determined under division (D) of section	133695
5751.20 of the Revised Code, payments shall be made in an amount	133696
equal to ~~each of those losses multiplied by~~ the following:	133697

(a) For tax years 2006 through 2010, one hundred per cent of	133698
such losses;	133699

(b) For the payment in tax year 2011~~, a fraction, the~~	133700
~~numerator of which is fourteen and the denominator of which is~~	133701
~~seventeen;~~	133702

~~(c) For tax year 2012, a fraction, the numerator of which is~~	133703
~~eleven and the denominator of which is seventeen;~~	133704

~~(d) For tax year 2013, a fraction, the numerator of which is~~	133705
~~nine and the denominator of which is seventeen;~~	133706

~~(e) For tax year 2014, a fraction, the numerator of which is~~	133707
~~seven and the denominator of which is seventeen;~~	133708

~~(f) For tax year 2015, a fraction, the numerator of which is~~	133709
~~five and the denominator of which is seventeen;~~	133710

~~(g) For tax year 2016, a fraction, the numerator of which is~~	133711
~~three and the denominator of which is seventeen;~~	133712

~~(h) For tax year 2017, a fraction, the numerator of which is~~	133713
~~one and the denominator of which is seventeen;~~	133714

~~(i) For tax years 2018 and thereafter, no fixed-rate payments~~	133715
~~shall be made.~~	133716

~~Any qualifying levy that is a fixed-rate levy that is not~~	133717
~~applicable to a tax year after 2010 shall not qualify for any~~	133718
~~reimbursement after the tax year to which it is last applicable.~~	133719

~~(2) Except as provided in division (A)(4) of this section,~~	133720
~~for telephone property fixed-rate levy losses determined under~~	133721
~~division (D)(4) of section 5751.20 of the Revised Code, payments~~	133722
~~shall be made in an amount equal to each of those losses~~	133723
~~multiplied by the following:~~	133724

~~(a) For tax years 2009 through 2011, one hundred per cent;~~

133725

~~(b) For tax year 2012, seven-eighths;~~

133726

~~(c) For tax year 2013, six-eighths;~~

133727

~~(d) For tax year 2014, five-eighths;~~

133728

~~(e) For tax year 2015, four-eighths;~~

133729

~~(f) For tax year 2016, three-eighths;~~

133730

~~(g) For tax year 2017, two-eighths;~~

133731

~~(h) For tax year 2018, one-eighth;~~

133732

~~(i) For tax years 2019 and thereafter, no fixed-rate payments~~	133733
~~shall be made~~to be made on or before the twentieth day of	133734
November, the sum of the amount in division (A)(1)(b)(i) or (ii)	133735
and division (A)(1)(b)(iii) of this section:	133736

(i) If the ratio of six-sevenths of the TPP allocation to	133737
total resources is equal to or less than the threshold per cent,	133738
zero;	133739

(ii) If the ratio of six-sevenths of the TPP allocation to	133740
total resources is greater than the threshold per cent, the	133741
difference of six-sevenths of the TPP allocation minus the product	133742
of total resources multiplied by the threshold per cent;	133743

(iii) In the case of a municipal corporation, six-sevenths of	133744
the product of the non-current expense TPP allocation multiplied	133745
by seventy-five per cent.	133746

(c) For tax years 2012 and thereafter, the sum of the amount	133747
in division (A)(1)(c)(i) or (ii) and division (A)(1)(c)(iii) of	133748
this section:	133749

(i) If the ratio of TPP allocation to total resources is	133750
equal to or less than the threshold per cent, zero;	133751

(ii) If the ratio of TPP allocation to total resources is	133752
greater than the threshold per cent, the TPP allocation minus the	133753
product of total resources multiplied by the threshold per cent;	133754

(iii) In the case of a municipal corporation, non-current	133755
expense TPP allocation multiplied by fifty per cent for tax year	133756
2012 and twenty-five per cent for tax years 2013 and thereafter.	133757

~~Any qualifying levy that is a fixed-rate levy that is not~~	133758
~~applicable to a tax year after 2011 shall not qualify for any~~	133759
~~reimbursement after the tax year to which it is last applicable.~~	133760

~~(3)~~(2) For fixed-sum levy losses determined under division	133761
(E) of section 5751.20 of the Revised Code, payments shall be made	133762
in the amount of one hundred per cent of the fixed-sum levy loss	133763
for payments required to be made in 2006 and thereafter until the	133764
qualifying levy has expired.	133765

~~(4)~~(3) For taxes levied within the ten-mill limitation or	133766
pursuant to a municipal charter for debt purposes in tax year	133767
2005, payments shall be made based on the schedule in division	133768
(A)(1) of this section for each of the calendar years 2006 through	133769
2010. For each of the calendar years 2011 through 2017, the	133770
percentages for calendar year 2010 shall be used for taxes levied	133771
within the ten-mill limitation or pursuant to a municipal charter	133772
for debt purposes in tax year 2010, as long as ~~the qualifying levy~~	133773
~~continues~~such levies continue to be used for debt purposes. If	133774
the purpose of such a qualifying levy is changed, that levy	133775
becomes subject to the payment schedules in divisions (A)(1)(a) to	133776
(h) of this section. No payments shall be made for such levies	133777
after calendar year 2017. For the purposes of this division, taxes	133778
levied pursuant to a municipal charter refer to taxes levied	133779
pursuant to a provision of a municipal charter that permits the	133780
tax to be levied without prior voter approval.	133781

(B) Beginning in 2007, by the thirty-first day of January of	133782
each year, the tax commissioner shall review the calculation	133783
originally made under division (A) of this section of the	133784
fixed-sum levy losses determined under division (E) of section	133785
5751.20 of the Revised Code. If the commissioner determines that a	133786
fixed-sum levy that had been scheduled to be reimbursed in the	133787
current year has expired, a revised calculation for that and all	133788
subsequent years shall be made.	133789

(C) Payments to local taxing units required to be made under	133790
division (A) of this section shall be paid from the local	133791
government tangible property tax replacement fund to the county	133792
undivided income tax fund in the proper county treasury. ~~Beginning~~	133793
inFrom May 2006 through November 2010, one-seventh of the amount	133794
~~certified~~determined under that division shall be paid by the last	133795
day of May each year, and three-sevenths shall be paid by the last	133796
day of August and October each year. From May 2011 through	133797
November 2013, one-seventh of the amount determined under that	133798
division shall be paid on or before the last day of May each year,	133799
and six-sevenths shall be paid on or before the twentieth day of	133800
November each year, except that in November 2011, the payment	133801
shall equal one hundred per cent of the amount calculated for that	133802
payment. Beginning in May 2014, one-half of the amount determined	133803
under that division shall be paid on or before the last day of May	133804
each year, and one-half shall be paid on or before the twentieth	133805
day of November each year. Within ~~forty-five~~forty days after	133806
receipt of such payments, the county treasurer shall distribute	133807
amounts determined under division (A) of this section to the	133808
proper local taxing unit as if they had been levied and collected	133809
as taxes, and the local taxing unit shall apportion the amounts so	133810
received among its funds in the same proportions as if those	133811
amounts had been levied and collected as taxes.	133812

(D) For each of the fiscal years 2006 through ~~2019~~2018, if	133813
the total amount in the local government tangible property tax	133814
replacement fund is insufficient to make all payments under	133815
division (C) of this section at the times the payments are to be	133816
made, the director of budget and management shall transfer from	133817
the general revenue fund to the local government tangible property	133818
tax replacement fund the difference between the total amount to be	133819
paid and the amount in the local government tangible property tax	133820
replacement fund. For each fiscal year after ~~2019~~2018, at the	133821
time payments under division (A)(2) of this section are to be	133822
made, the director of budget and management shall transfer from	133823
the general revenue fund to the local government property tax	133824
replacement fund the amount necessary to make such payments.	133825

(E) On the fifteenth day of June of each year from 2006	133826
through 2018, the director of budget and management may transfer	133827
any balance in the local government tangible property tax	133828
replacement fund to the general revenue fund.	133829

(F) If all or a part of the territories of two or more local	133830
taxing units are merged, or unincorporated territory of a township	133831
is annexed by a municipal corporation, the tax commissioner shall	133832
adjust the payments made under this section to each of the local	133833
taxing units in proportion to the ~~tax value loss apportioned to~~	133834
square mileage of the merged or annexed territory as a percentage	133835
of the total square mileage of the jurisdiction from which the	133836
territory originated, or as otherwise provided by a written	133837
agreement between the legislative authorities of the local taxing	133838
units certified to the commissioner not later than the first day	133839
of June of the calendar year in which the payment is to be made.	133840

Sec. 5751.23. (A) As used in this section:

133841

(1) "Administrative fees" means the dollar percentages	133842
allowed by the county auditor for services or by the county	133843
treasurer as fees, or paid to the credit of the real estate	133844
assessment fund, under divisions (A) and (C) of section 319.54 and	133845
division (A) of section 321.26 of the Revised Code.	133846

(2) "Administrative fee loss" means a county's loss of	133847
administrative fees due to its tax value loss, determined as	133848
follows:	133849

(a) For purposes of the determination made under division (B)	133850
of this section in the years 2006 through 2010, the administrative	133851
fee loss shall be computed by multiplying the amounts determined	133852
for all taxing districts in the county under divisions (D) and (E)	133853
of section 5751.20 of the Revised Code by nine thousand six	133854
hundred fifty-nine ten-thousandths of one per cent if total taxes	133855
collected in the county in 2004 exceeded one hundred fifty million	133856
dollars, or one and one thousand one hundred fifty-nine	133857
ten-thousandths of one per cent if total taxes collected in the	133858
county in 2004 were one hundred fifty million dollars or less;	133859

(b) For purposes of the determination under division (B) of	133860
this section in the years after 2010, the administrative fee	133861
~~losses shall be determined by multiplying~~loss equals	133862
fourteen-seventeenths of the administrative fee ~~losses~~loss	133863
calculated for 2010 ~~by the fractions in divisions (A)(1)(b) to (i)~~	133864
~~of section 5751.22 of the Revised Code~~multiplied by the following	133865
percentages: 100% for 2011, 80% for 2012, 60% for 2013, 40% for	133866
2014, 20% for 2015, and 0% for 2016.	133867

(3) "Total taxes collected" means all money collected on any	133868
tax duplicate of the county, other than the estate tax duplicates.	133869
"Total taxes collected" does not include amounts received pursuant	133870
to divisions (F) and (G) of section 321.24 or section 323.156 of	133871
the Revised Code.	133872

(B) Not later than December 31, 2005, the tax commissioner	133873
shall certify to each county auditor the tax levy losses	133874
calculated under divisions (D) and (E) of section 5751.20 of the	133875
Revised Code for each school district, joint vocational school	133876
district, and local taxing unit in the county. Not later than the	133877
thirty-first day of January of 2006 through ~~2017~~2015, the county	133878
auditor shall determine the administrative fee loss for the county	133879
and apportion that loss ratably among the school districts, joint	133880
vocational school districts, and local taxing units on the basis	133881
of the tax levy losses certified under this division.	133882

(C) On or before each of the days prescribed for the	133883
settlements under divisions (A) and (C) of section 321.24 of the	133884
Revised Code in the years 2006 through ~~2017~~2015, the county	133885
treasurer shall deduct one-half of the amount apportioned to each	133886
school district, joint vocational school district, and local	133887
taxing unit from the portions of revenue payable to them.	133888

(D) On or before each of the days prescribed for settlements	133889
under divisions (A) and (C) of section 321.24 of the Revised Code	133890
in the years 2006 through ~~2017~~2015, the county auditor shall	133891
cause to be deposited an amount equal to one-half of the amount of	133892
the administrative fee loss in the same funds as if allowed as	133893
administrative fees.	133894

Sec. 5751.41. (A) As used in this division:

133895

(1) "Qualified uranium receipts" means receipts from the	133896
sale, exchange, lease, loan, production, processing, or other	133897
disposition of uranium within a uranium enrichment zone certified	133898
by the tax commissioner under division (B) of this section,	133899
including receipts from transactions that originate or terminate	133900
within a uranium enrichment zone.	133901

(2) "Uranium enrichment zone" means all real property that is	133902
part of a uranium enrichment facility licensed by the United	133903
States nuclear regulatory commission and that was or is owned or	133904
controlled by the United States department of energy or its	133905
successor.	133906

(B) Any person that owns, leases, or operates real or	133907
tangible personal property constituting or located within a	133908
uranium enrichment zone may apply to the tax commissioner to have	133909
the uranium enrichment zone certified for the purpose of excluding	133910
qualified uranium receipts under division (F)(2)(ii) of section	133911
5751. 01 of the Revised Code. The application shall include such	133912
information that the tax commissioner prescribes. Within sixty	133913
days after receiving the application, the tax commissioner shall	133914
certify the zone for that purpose if the commissioner determines	133915
that the property qualifies as a uranium enrichment zone as	133916
defined in this section or, if the tax commissioner cannot	133917
determine that the property so qualifies, deny the application or	133918
request additional information from the applicant. If the tax	133919
commissioner denies an application, the commissioner shall state	133920
the reasons for the denial. The applicant may appeal the denial of	133921
an application to the board of tax appeals pursuant to section	133922
5717.02 of the Revised Code. If the applicant files a timely	133923
appeal, the tax commissioner shall conditionally certify the	133924
applicant's property until final resolution of the appeal. If the	133925
board of tax appeals upholds the tax commissioner's determination	133926
to deny the application, the applicant shall be liable for any	133927
tax, interest, or penalties due on amounts erroneously claimed as	133928
qualifying uranium enrichments receipts, except that no amount	133929
shall be due on receipts that would have been excluded under	133930
another provision of law.	133931

Sec. 5751.50. (A) For tax periods beginning on or after	133932
January 1, 2008, a refundable credit granted by the tax credit	133933
authority under section 122.17 or division (B)(2) or (3) of	133934
section 122.171 of the Revised Code may be claimed under this	133935
chapter in the order required under section 5751.98 of the Revised	133936
Code. For purposes of making tax payments under this chapter,	133937
taxes equal to the amount of the refundable credit shall be	133938
considered to be paid to this state on the first day of the tax	133939
period. A credit claimed in calendar year 2008 may not be applied	133940
against the tax otherwise due for a tax period beginning before	133941
July 1, 2008. The refundable credit shall not be claimed against	133942
the tax otherwise due for any tax period beginning after the date	133943
on which a relocation of employment positions occurs in violation	133944
of an agreement entered into under section 122.17 or 122.171 of	133945
the Revised Code.	133946

(B) For tax periods beginning on or after January 1, 2008, a	133947
nonrefundable credit granted by the tax credit authority under	133948
division (B)(1) of section 122.171 of the Revised Code may be	133949
claimed under this chapter in the order required under section	133950
5751.98 of the Revised Code. A credit claimed in calendar year	133951
2008 may not be applied against the tax otherwise due under this	133952
chapter for a tax period beginning before July 1, 2008. The credit	133953
shall not be claimed against the tax otherwise due for any tax	133954
period beginning after the date on which a relocation of	133955
employment positions occurs in violation of an agreement entered	133956
into under section 122.17 or 122.171 of the Revised Code. No	133957
credit shall be allowed under this chapter if the credit was	133958
available against the tax imposed by section 5733.06 or 5747.02 of	133959
the Revised Code, except to the extent the credit was not applied	133960
against such tax.	133961

Sec. 5753.01. As used in Chapter 5753. of the Revised Code	133962
and for no other purpose under Title LVII of the Revised Code:	133963

(A) "Casino facility" has the same meaning as in section	133964
3772.01 of the Revised Code.	133965

(B) "Casino gaming" has the same meaning as in section	133966
3772.01 of the Revised Code.	133967

(C) "Casino operator" has the same meaning as in section	133968
3772.01 of the Revised Code.	133969

(D) "Gross casino revenue" means the total amount of money	133970
exchanged for the purchase of chips, tokens, tickets, electronic	133971
cards, or similar objects by casino patrons, less winnings paid to	133972
wagerers. "Gross casino revenue" does not mean, and has no	133973
relation to or effect on, a casino operator's "gross receipts" as	133974
defined in division (F) of section 5751.01 of the Revised Code.	133975

(E) "Person" has the same meaning as in section 3772.01 of	133976
the Revised Code.	133977

(F) "Slot machine" has the same meaning as in section 3772.01	133978
of the Revised Code.	133979

(G) "Table game" has the same meaning as in section 3772.01	133980
of the Revised Code.	133981

(H) "Tax period" means one twenty-four-hour period with	133982
regard to which a casino operator is required to pay the tax	133983
levied by this chapter.	133984

Sec. 6101.16. When it is determined to let the work relating	133985
to the improvements for which a conservancy district was	133986
established by contract, contracts in amounts to exceed	133987
twenty-five thousand dollars shall be advertised after notice	133988
calling for bids has been published once a week for two	133989
consecutive weeks or as provided in section 7.16 of the Revised	133990
Code, with the last publication to occur at least eight days prior	133991
to the date on which bids will be accepted, in a newspaper of	133992
general circulation within the conservancy district where the work	133993
is to be done. If the bids are for a contract for the	133994
construction, demolition, alteration, repair, or reconstruction of	133995
an improvement, the board of directors of the conservancy district	133996
may let the contract to the lowest responsive and most responsible	133997
bidder who meets the requirements of section 153.54 of the Revised	133998
Code. If the bids are for a contract for any other work relating	133999
to the improvements for which a conservancy district was	134000
established, the board of directors of the district may let the	134001
contract to the lowest responsive and most responsible bidder who	134002
gives a good and approved bond, with ample security, conditioned	134003
on the carrying out of the contract. The contract shall be in	134004
writing and shall be accompanied by or refer to plans and	134005
specifications for the work to be done prepared by the chief	134006
engineer. The plans and specifications shall at all times be made	134007
and considered a part of the contract. The contract shall be	134008
approved by the board and signed by the president of the board and	134009
by the contractor and shall be executed in duplicate. In case of	134010
sudden emergency when it is necessary in order to protect the	134011
district, the advertising of contracts may be waived upon the	134012
consent of the board, with the approval of the court or a judge of	134013
the court of common pleas of the county in which the office of the	134014
district is located.	134015

Sec. 6103.04. (A) Whenever any portion of a county sewer	134016
district is incorporated as, or annexed to, a municipal	134017
corporation, the area so incorporated or annexed shall remain	134018
under the jurisdiction of the board of county commissioners for	134019
purposes of the acquisition and construction of water supply	134020
improvements until all of the improvements for the area for which	134021
a resolution described in division (A) or (E) of section 6103.05	134022
of the Revised Code has been adopted by the board have been	134023
acquired or completed or until the board has abandoned the	134024
improvements. The board, unless and until a conveyance is made to	134025
a municipal corporation in accordance with division (B) of this	134026
section, shall continue to have jurisdiction in the area so	134027
incorporated or annexed with respect to the management,	134028
maintenance, and operation of all water supply improvements so	134029
acquired or completed, or previously acquired or completed,	134030
including the right to establish rules and rates and charges for	134031
the use of, and connections to, the improvements. The	134032
incorporation or annexation of any part of a district shall not	134033
affect the legality or enforceability of any public obligations	134034
issued or incurred by the county for purposes of this chapter to	134035
provide for the payment of the cost of acquisition, construction,	134036
maintenance, or operation of any water supply improvements within	134037
the area, or the validity of any assessments levied or to be	134038
levied upon properties within the area to provide for the payment	134039
of the cost of acquisition, construction, maintenance, or	134040
operation of the improvements.	134041

(B) ~~Any~~A board may convey, by mutual agreement, to a	134042
municipal corporation any completed water supply facilities	134043
acquired or constructed by a county under this chapter for the use	134044
of, or service of property located in, any county sewer district,	134045
or any part of those facilities~~, that~~to which any of the	134046
following applies:	134047

(1) The facilities are located within athe municipal	134048
corporation or within any area that is incorporated as, or annexed	134049
to, athe municipal corporation~~, or any part of the~~.	134050

(2) The facilities ~~that~~ provide water for athe municipal	134051
corporation or ~~such an area, may be conveyed, by mutual agreement~~	134052
~~between the board and the municipal corporation, to~~any area that	134053
is located within or that is incorporated as, or annexed to, the	134054
municipal corporation on.	134055

(3) The facilities are connected to water supply facilities	134056
of the municipal corporation.	134057

The conveyance shall be completed with terms and for	134058
consideration as may be negotiated. Upon and after the conveyance,	134059
the municipal corporation shall manage, maintain, and operate the	134060
facilities in accordance with the agreement. The board may retain	134061
the right to joint use of all or part of any facilities so	134062
conveyed for the benefit of the district. Neither the validity of	134063
any assessment levied or to be levied, nor the legality or	134064
enforceability of any public obligations issued or incurred, to	134065
provide for the payment of the cost of the acquisition,	134066
construction, maintenance, or operation of the facilities or any	134067
part of them shall be affected by the conveyance.	134068

Sec. 6103.05. (A) After the establishment of any county	134069
sewer district, the board of county commissioners, if a water	134070
supply improvement is to be undertaken, may have the county	134071
sanitary engineer prepare, or otherwise cause to be prepared, for	134072
the district, or revise as needed, a general plan of water supply	134073
that is as complete as can be developed at the time. After the	134074
general plan, in original or revised form, has been approved by	134075
the board, it may adopt a resolution generally describing the	134076
water supply improvement that is necessary to be acquired or	134077
constructed in accordance with the plan, declaring that the	134078
improvement is necessary for the preservation and promotion of the	134079
public health and welfare, and determining whether or not special	134080
assessments are to be levied and collected to pay any part of the	134081
cost of the improvement.	134082

(B) If special assessments are not to be levied and collected	134083
to pay any part of the cost of the improvement, the board, in the	134084
resolution provided for in division (A) of this section or in a	134085
subsequent resolution, including a resolution authorizing the	134086
issuance or incurrence of public obligations for the improvement,	134087
may authorize the improvement and the expenditure of the funds	134088
required for its acquisition or construction and may proceed with	134089
the improvement without regard to the procedures otherwise	134090
required by divisions (C), (D), and (E) of this section and by	134091
sections 6103.06, 6103.07, and 6117.09 to 6117.24 of the Revised	134092
Code. Those procedures shall be required only for improvements for	134093
which special assessments are to be levied and collected.	134094

(C) If special assessments are to be levied and collected	134095
pursuant to a determination made in the resolution provided for in	134096
division (A) of this section or in a subsequent resolution, the	134097
procedures referred to in division (B) of this section as being	134098
required for that purpose shall apply, and the board may have the	134099
county sanitary engineer prepare, or otherwise cause to be	134100
prepared, detailed plans, specifications, and an estimate of cost	134101
for the improvement, together with a tentative assessment of the	134102
cost based on the estimate. The tentative assessment shall be for	134103
the information of property owners and shall not be levied or	134104
certified to the county auditor for collection. The detailed	134105
plans, specifications, estimate of cost, and tentative assessment,	134106
if approved by the board, shall be carefully preserved in the	134107
office of the board or the county sanitary engineer and shall be	134108
open to the inspection of all persons interested in the	134109
improvement.	134110

(D) After the board's approval of the detailed plans,	134111
specifications, estimate of cost, and tentative assessment, and at	134112
least twenty-four days before adopting a resolution pursuant to	134113
division (E) of this section, the board, except to the extent that	134114
appropriate waivers of notice are obtained from affected owners,	134115
shall cause to be sent a notice of its intent to adopt a	134116
resolution to each owner of property proposed to be assessed that	134117
is listed on the records of the county auditor for current	134118
agricultural use value taxation pursuant to section 5713.31 of the	134119
Revised Code and that is not located in an agricultural district	134120
established under section 929.02 of the Revised Code. The notice	134121
shall satisfy all of the following:	134122

(1) Be sent by first class or certified mail;

134123

(2) Specify the proposed date of the adoption of the	134124
resolution;	134125

(3) Contain a statement that the improvement will be financed	134126
in whole or in part by special assessments and that all properties	134127
not located in an agricultural district established pursuant to	134128
section 929.02 of the Revised Code may be subject to a special	134129
assessment;	134130

(4) Contain a statement that an agricultural district may be	134131
established by filing an application with the county auditor.	134132

If it appears, by the return of the mailed notices or by	134133
other means, that one or more of the affected owners cannot be	134134
found or are not served by the mailed notice, the board shall	134135
cause the notice to be published once in a newspaper of general	134136
circulation in the county not later than ten days before the	134137
adoption of the resolution.	134138

(E) After complying with divisions (A), (C), and (D) of this	134139
section, the board may adopt a resolution declaring that the	134140
improvement, which shall be described as to its nature and its	134141
location, route, and termini, is necessary for the preservation	134142
and promotion of the public health and welfare, referring to the	134143
plans, specifications, estimate of cost, and tentative assessment,	134144
stating the place where they are on file and may be examined, and	134145
providing that the entire cost or a lesser designated part of the	134146
cost will be specially assessed against the benefited properties	134147
within the district and that any balance will be paid by the	134148
county at large from other available funds. The resolution also	134149
shall contain a description of the boundaries of that part of the	134150
district to be assessed and shall designate a time and place for	134151
objections to the improvement, to the tentative assessment, or to	134152
the boundaries of the assessment district to be heard by the	134153
board. The date of that hearing shall be not less than twenty-four	134154
days after the date of the first publication of the notice of the	134155
hearing required by this division.	134156

The board shall cause a notice of the hearing to be published	134157
once a week for two consecutive weeks in a newspaper of general	134158
circulation in the county or as provided in section 7.16 of the	134159
Revised Code, and on or before the date of the second publication,	134160
it shall cause to be sent by first class or certified mail a copy	134161
of the notice to every owner of property to be assessed for the	134162
improvement whose address is known.	134163

The notice shall set forth the time and place of the hearing,	134164
a summary description of the proposed improvement, including its	134165
general route and termini, a summary description of the area	134166
constituting the assessment district, and the place where the	134167
plans, specifications, estimate of cost, and tentative assessment	134168
are on file and may be examined. Each mailed notice also shall	134169
include a statement that the property of the addressee will be	134170
assessed for the improvement. The notice also shall be sent by	134171
first class or certified mail, on or before the date of the second	134172
publication, to the clerk, or the official discharging the duties	134173
of a clerk, of any municipal corporation any part of which lies	134174
within the assessment district and shall state whether or not any	134175
property belonging to the municipal corporation is to be assessed	134176
and, if so, shall identify that property.	134177

At the hearing, or at any adjournment of the hearing, of	134178
which no further published or mailed notice need be given, the	134179
board shall hear all parties whose properties are proposed to be	134180
assessed. Written objections to or endorsements of the proposed	134181
improvement, its character and termini, the boundaries of the	134182
assessment district, or the tentative assessment shall be received	134183
by the board for a period of five days after the completion of the	134184
hearing, and no action shall be taken by the board in the matter	134185
until after that period has elapsed. The minutes of the hearing	134186
shall be entered on the journal of the board showing the persons	134187
who appear in person or by attorney, and all written objections	134188
shall be preserved and filed in the office of the board.	134189

Sec. 6103.06. After the expiration of the period of five	134190
days provided in section 6103.05 of the Revised Code for the	134191
filing of written objections, the board of county commissioners	134192
shall determine whether it will proceed with the construction of	134193
the proposed improvement. If it decides to proceed therewith, the	134194
board shall ratify or amend the plans for the improvement, the	134195
character and termini thereof, the boundaries of the assessment	134196
district, and the tentative assessment, and may cause such	134197
revision of plans, boundaries, or assessments as is necessary to	134198
be made by the county sanitary engineer. If the boundaries of the	134199
assessment district are amended so as to include any property not	134200
included within the boundaries as established by the resolution of	134201
necessity, provided for in section 6103.05 of the Revised Code,	134202
the owners of all such property shall be notified by mail if their	134203
addresses are known, and notice shall be published once a week for	134204
two consecutive weeks in a newspaper of general circulation within	134205
the county or as provided in section 7.16 of the Revised Code,	134206
that such amendments have been adopted and that a hearing will be	134207
given by the board at a time and place stated in such notice at	134208
which all persons interested will be heard by the board. The date	134209
of such hearing shall be not less than twenty-four days after the	134210
first publication of such notice, and the hearing shall be	134211
conducted and records kept in the same manner as the first	134212
hearing. Five days shall be allowed for the filing of written	134213
objections as provided in section 6103.05 of the Revised Code for	134214
the first hearing and after the expiration of such five day period	134215
the board shall ratify the plans for the improvement, the	134216
character and termini thereof, the boundaries of the assessment	134217
district, and the tentative assessment, or shall further amend the	134218
same. If the boundaries of the assessment district are amended so	134219
as to include any property not included in the assessment district	134220
as originally established or previously amended, further notice	134221
and hearing shall be given to the owners of such property in the	134222
same manner as for the first amendment of such boundaries, and the	134223
same procedure shall be repeated until all property owners	134224
affected have been given an opportunity to be heard. If the owners	134225
of all property added to an assessment district by amendment of	134226
the original boundaries thereof waive objection to such amendment	134227
in writing, no further notice or hearing shall be given. After the	134228
board has ratified the plans for the improvement, the character	134229
and termini thereof, the boundaries of the assessment district,	134230
and the tentative assessment, either as originally presented or as	134231
amended, and if it decides to proceed therewith, the board shall	134232
adopt a resolution, to be known as the improvement resolution.	134233
Said improvement resolution shall declare the determination of	134234
such board to proceed with the construction of the improvement	134235
provided for in the resolution of necessity, in accordance with	134236
the plans and specification provided for such improvement, as	134237
ratified or amended, and whether bonds or certificates of	134238
indebtedness shall be issued in anticipation of the collection of	134239
special assessments, or that money in the county treasury	134240
unappropriated for any other purpose shall be appropriated to pay	134241
for said improvement.	134242

Sec. 6103.081. (A) After the establishment of any county	134243
sewer district, the board of county commissioners may determine by	134244
resolution that it is necessary to provide water supply	134245
improvements and to maintain and operate the improvements within	134246
the district or a designated portion of the district, that the	134247
improvements, which shall be generally described in the	134248
resolution, shall be constructed, that funds are required to pay	134249
the preliminary costs of the improvements to be incurred prior to	134250
the commencement of the proceedings for their construction, and	134251
that those funds shall be provided in accordance with this	134252
section.	134253

(B) Prior to the adoption of the resolution, the board shall	134254
give notice of its pendency and of the proposed determination of	134255
the necessity of the improvements generally described in the	134256
resolution. The notice shall set forth a description of the	134257
properties to be benefited by the improvements and the time and	134258
place of a hearing of objections to and endorsements of the	134259
improvements. The notice shall be given either by publication in a	134260
newspaper of general circulation in the county once a week for two	134261
consecutive weeks, by publication as provided in section 7.16 of	134262
the Revised Code, or by mailing a copy of the notice by first	134263
class or certified mail to the owners of the properties proposed	134264
to be assessed at their respective tax mailing addresses, or by	134265
~~both~~a combination of these manners, the first publication to be	134266
made or the mailing to occur at least two weeks prior to the date	134267
set for the hearing. At the hearing, or at any adjournment of the	134268
hearing, of which no further published or mailed notice need be	134269
given, the board shall hear all persons whose properties are	134270
proposed to be assessed and the evidence it considers to be	134271
necessary. The board then shall determine the necessity of the	134272
proposed improvements and whether the improvements shall be made	134273
by the board and, if they are to be made, shall direct the	134274
preparation of tentative assessments upon the benefited properties	134275
and by whom they shall be prepared.	134276

(C) In order to obtain funds for the preparation of a general	134277
or revised general plan of water supply for the district or part	134278
of the district, for the preparation of the detailed plans,	134279
specifications, estimate of cost, and tentative assessment for the	134280
proposed improvements, and for the cost of financing and legal	134281
services incident to the preparation of all of those plans and a	134282
plan of financing the proposed improvements, the board may levy	134283
upon the properties to be benefited in the district a preliminary	134284
assessment apportioned according to benefits or to tax valuation	134285
or partly by one method and partly by the other method as the	134286
board may determine. The assessments shall be in the amount	134287
determined to be necessary to obtain funds for the general and	134288
detailed plans and the cost of financing and legal services and	134289
shall be payable in the number of years that the board shall	134290
determine, not to exceed twenty years, together with interest on	134291
any public obligations that may be issued or incurred in	134292
anticipation of the collection of the assessments.	134293

(D) The board shall have power at any time to levy additional	134294
assessments according to benefits or to tax valuation or partly by	134295
one method and partly by the other method as the board may	134296
determine for the purposes described in division (C) of this	134297
section upon the benefited properties to complete the payment of	134298
the costs described in division (C) of this section or to pay the	134299
cost of any additional plans, specifications, estimate of cost, or	134300
tentative assessment and the cost of financing and legal services	134301
incident to the preparation of those plans and the plan of	134302
financing, which additional assessments shall be payable in the	134303
number of years that the board shall determine, not to exceed	134304
twenty years, together with interest on any public obligations	134305
that may be issued or incurred in anticipation of the collection	134306
of the additional assessments.	134307

(E) Prior to the adoption of a resolution levying assessments	134308
under this section, the board shall give notice either by one	134309
publication in a newspaper of general circulation in the county,	134310
or by mailing a copy of the notice by first class or certified	134311
mail to the owners of the properties proposed to be assessed at	134312
their respective tax mailing addresses, or by both manners, the	134313
publication to be made or the mailing to occur at least ten days	134314
prior to the date of the meeting at which the resolution shall be	134315
taken up for consideration; that notice shall state the time and	134316
place of the meeting at which the resolution is to be considered.	134317
At the time and place of the meeting, or at any adjournment of the	134318
meeting, of which no further published or mailed notice need be	134319
given, the board shall hear all persons whose properties are	134320
proposed to be assessed, shall correct any errors and make any	134321
revisions that appear to be necessary or just, and then may adopt	134322
a resolution levying upon the properties determined to be	134323
benefited the assessments as so corrected and revised.	134324

The assessments levied by the resolution shall be certified	134325
to the county auditor for collection in the same manner as taxes	134326
in the year or years in which they are payable.	134327

(F) Upon the adoption of the resolution described in division	134328
(E) of this section, no further action shall be taken or work done	134329
until ten days have elapsed. If, at the expiration of that period,	134330
no appeal has been effected by any property owner as provided in	134331
this division, the action of the board shall be final. If, at the	134332
end of that ten days, any owner of property to be assessed for the	134333
improvements has effected an appeal, no further action shall be	134334
taken and no work done in connection with the improvements under	134335
the resolution until the matters appealed from have been disposed	134336
of in court.	134337

Any owner of property to be assessed may appeal as provided	134338
and upon the grounds stated in sections 6117.09 to 6117.24 of the	134339
Revised Code.	134340

If no appeal has been perfected or if on appeal the	134341
resolution of the board is sustained, the board may authorize and	134342
enter into contracts to carry out the purpose for which the	134343
assessments have been levied without the prior issuance of notes,	134344
provided that the payments under those contracts do not fall due	134345
prior to the time by which the assessments are to be collected.	134346
The board may issue and sell bonds with a maximum maturity of	134347
twenty years in anticipation of the collection of the assessments	134348
and may issue notes in anticipation of the issuance of the bonds,	134349
which notes and bonds, as public obligations, shall be issued and	134350
sold as provided in Chapter 133. of the Revised Code.	134351

Sec. 6103.31. (A) If the board of county commissioners	134352
determines by resolution that the best interests of the county and	134353
the users of water supply facilities of the county serving a sewer	134354
district so require, the board may sell or otherwise dispose of	134355
the facilities to another public agency or a person. The	134356
resolution declaring the necessity of that disposition shall	134357
recite the reasons for the sale or other disposition and shall	134358
establish any conditions or terms that the board may impose,	134359
including, but not limited to, a minimum sales price if a sale is	134360
proposed, a requirement for the submission by bidders of the	134361
schedule of water rates and charges initially proposed to be paid	134362
by the users of the facilities, and other pertinent conditions or	134363
terms relating to the sale or other disposition. The resolution	134364
also shall designate a time and place for the hearing of	134365
objections to the sale or other disposition by the board. Notice	134366
of the adoption of the resolution and the time and place of the	134367
hearing shall be published as provided in section 7.16 of the	134368
Revised Code, or once a week for two consecutive weeks, in a	134369
newspaper of general circulation in the sewer district and in the	134370
county. The public hearing on the sale or other disposition shall	134371
be held not less than twenty-four days following the date of first	134372
publication of the notice. A copy of the notice also shall be sent	134373
by first class or certified mail, on or before the date of the	134374
second publication, to any public agency within the area served by	134375
the facilities. At the public hearing, or at any adjournment of	134376
it, of which no further published or mailed notice need be given,	134377
the board shall hear all interested parties. A period of five days	134378
shall be given following the completion of the hearing for the	134379
filing of written objections by any interested persons or public	134380
agencies to the sale or other disposition, after which the board	134381
shall consider any objections and by resolution determine whether	134382
or not to proceed with the sale or other disposition. If the board	134383
determines to proceed with the sale or other disposition, it shall	134384
receive bids after advertising once a week for four consecutive	134385
weeks in a newspaper of general circulation in the county or as	134386
provided in section 7.16 of the Revised Code and, subject to the	134387
right of the board to reject any or all bids, may make an award to	134388
a responsible bidder whose proposal is determined by the board to	134389
be in the best interests of the county and the users of the	134390
facilities.	134391

(B) A conveyance of water supply facilities by a county to a	134392
municipal corporation, in accordance with division (B) of section	134393
6103.04 of the Revised Code, may be made without regard to	134394
division (A) of this section.	134395

Sec. 6105.131. The board of directors of a watershed	134396
district may designate a specific reach in the channel of any	134397
watercourse within the territorial boundaries of the district as a	134398
restricted channel, when the construction or alteration of	134399
structures or obstructions within such channel will restrict its	134400
capacity so as to constitute an unreasonable hazard to the safety	134401
of life and property in times of flood, or designate any area	134402
outside the banks of a restricted channel as a restricted floodway	134403
when such area is reasonably necessary to the efficiency of a	134404
restricted channel as a means of carrying off flood waters. Such	134405
designation of a restricted channel or restricted floodway shall	134406
be made in the following manner:	134407

(A) The board shall adopt a resolution stating its intent to	134408
designate a specific reach in a channel of a watercourse as a	134409
restricted channel or a specific area as a restricted floodway.	134410
Such resolution shall contain a description of the reach of the	134411
channel to be designated as a restricted channel or description of	134412
the area to be designated as a restricted floodway and the reasons	134413
of the board for making such designation.	134414

(B) The board shall cause such resolution to be published as	134415
provided in section 7.16 of the Revised Code or once a week for	134416
two consecutive weeks in a newspaper of general circulation in the	134417
county or counties in which such restricted channel or restricted	134418
floodway is located, together with a notice of the time and place	134419
where a hearing will be held by the board on the question of	134420
designating such channel as a restricted channel or such area as a	134421
restricted floodway ~~and~~. The board also shall give not less than	134422
ten days notice of said hearing by first class mail to all owners	134423
of property within the area proposed to be designated as a	134424
restricted floodway. The date of such hearing shall be not less	134425
than ten days after the completion of the publication provided for	134426
by this division.	134427

(C) The board shall hold a hearing at the time and place	134428
designated in the notice published under division (B) of this	134429
section at which time indorsements of and objections to the	134430
designation of such channel as a restricted channel or such area	134431
as a restricted floodway shall be heard.	134432

(D) The board may, after the completion of the hearing under	134433
division (C) of this section and after finding that the	134434
construction or alteration of structures or obstructions or	134435
relocation, alteration, restriction, deposit, or encroachment	134436
within the designated reach of such channel will restrict its	134437
capacity so as to constitute an unreasonable hazard to the safety	134438
of life and property in times of flood, adopt a resolution	134439
designating the reach of the channel described in the resolution	134440
of intent adopted under division (A) of this section or any	134441
modification thereof as a restricted channel.	134442

(E) In like manner the board may, after completion of a	134443
hearing under division (C) of this section and after finding that	134444
the construction or alteration of structures or obstructions or	134445
change of grade within a designated floodway area will restrict	134446
its capacity or efficiency as a means of carrying off flood water	134447
so as to constitute an unreasonable hazard to the safety of life	134448
and property in times of flood, adopt a resolution designating the	134449
area described in the resolution of intent adopted under division	134450
(A) of this section, or any modification thereof, as a restricted	134451
floodway.	134452

Sec. 6109.21. (A) Except as provided in divisions (D) and	134453
(E) of this section, on and after January 1, 1994, no person shall	134454
operate or maintain a public water system in this state without a	134455
license issued by the director of environmental protection. A	134456
person who operates or maintains a public water system on January	134457
1, 1994, shall obtain an initial license under this section in	134458
accordance with the following schedule:	134459

(1) If the public water system is a community water system,	134460
not later than January 31, 1994;	134461

(2) If the public water system is not a community water	134462
system and serves a nontransient population, not later than	134463
January 31, 1994;	134464

(3) If the public water system is not a community water	134465
system and serves a transient population, not later than January	134466
31, 1995.	134467

A person proposing to operate or maintain a new public water	134468
system after January 1, 1994, in addition to complying with	134469
section 6109.07 of the Revised Code and rules adopted under it,	134470
shall submit an application for an initial license under this	134471
section to the director prior to commencing operation of the	134472
system.	134473

A license or license renewal issued under this section shall	134474
be renewed annually. Such a license or license renewal shall	134475
expire on the thirtieth day of January in the year following its	134476
issuance. A license holder that proposes to continue operating the	134477
public water system for which the license or license renewal was	134478
issued shall apply for a license renewal at least thirty days	134479
prior to that expiration date.	134480

The director shall adopt, and may amend and rescind, rules in	134481
accordance with Chapter 119. of the Revised Code establishing	134482
procedures governing and information to be included on	134483
applications for licenses and license renewals under this section.	134484
Through June 30, ~~2012~~2014, each application shall be accompanied	134485
by the appropriate fee established under division (M) of section	134486
3745.11 of the Revised Code, provided that an applicant for an	134487
initial license who is proposing to operate or maintain a new	134488
public water system after January 1, 1994, shall submit a fee that	134489
equals a prorated amount of the appropriate fee established under	134490
that division for the remainder of the licensing year.	134491

(B) Not later than thirty days after receiving a completed	134492
application and the appropriate license fee for an initial license	134493
under division (A) of this section, the director shall issue the	134494
license for the public water system. Not later than thirty days	134495
after receiving a completed application and the appropriate	134496
license fee for a license renewal under division (A) of this	134497
section, the director shall do one of the following:	134498

(1) Issue the license renewal for the public water system;

134499

(2) Issue the license renewal subject to terms and conditions	134500
that the director determines are necessary to ensure compliance	134501
with this chapter and rules adopted under it;	134502

(3) Deny the license renewal if the director finds that the	134503
public water system was not operated in substantial compliance	134504
with this chapter and rules adopted under it.	134505

(C) The director may suspend or revoke a license or license	134506
renewal issued under this section if the director finds that the	134507
public water system was not operated in substantial compliance	134508
with this chapter and rules adopted under it. The director shall	134509
adopt, and may amend and rescind, rules in accordance with Chapter	134510
119. of the Revised Code governing such suspensions and	134511
revocations.	134512

(D)(1) As used in division (D) of this section, "church"	134513
means a fellowship of believers, congregation, society,	134514
corporation, convention, or association that is formed primarily	134515
or exclusively for religious purposes and that is not formed or	134516
operated for the private profit of any person.	134517

(2) This section does not apply to a church that operates or	134518
maintains a public water system solely to provide water for that	134519
church or for a campground that is owned by the church and	134520
operated primarily or exclusively for members of the church and	134521
their families. A church that, on or before March 5, 1996, has	134522
obtained a license under this section for such a public water	134523
system need not obtain a license renewal under this section.	134524

(E) This section does not apply to any public or nonpublic	134525
school that meets minimum standards of the state board of	134526
education that operates or maintains a public water system solely	134527
to provide water for that school.	134528

(F) The environmental protection agency shall collect well	134529
log filing fees on behalf of the division of soil and water	134530
resources in the department of natural resources in accordance	134531
with section 1521.05 of the Revised Code and rules adopted under	134532
it. The fees shall be submitted to the division quarterly as	134533
provided in those rules.	134534

Sec. 6111.038. There is hereby created in the state treasury	134535
the surface water protection fund, consisting of moneys	134536
distributed to it. The director of environmental protection shall	134537
use moneys in the fund solely for administration and	134538
implementation of surface water protection programs, including at	134539
least programs required under the "Federal Water Pollution Control	134540
Act" and programs necessary to carry out the purposes of this	134541
chapter. Those programs shall include at least the development of	134542
water quality standards; the development of wasteload allocations;	134543
the establishment of water quality-based effluent limits; the	134544
monitoring and analysis of chemical, physical, and biological	134545
surface water quality; the issuance, modification, and renewal of	134546
NPDES permits and permits to install; the ensurance of compliance	134547
with permit conditions; the management and oversight of	134548
pretreatment programs; the provision of technical assistance to	134549
publicly owned treatment works; and the administration of the	134550
water pollution control loan fund created in section 6111.036 of	134551
the Revised Code.	134552

~~Moneys in the fund shall not be used to meet any state~~	134553
~~matching requirements that are necessary to obtain federal grants.~~	134554

Sec. 6111.044. Upon receipt of an application for an	134555
injection well drilling permit, an injection well operating	134556
permit, a renewal of an injection well operating permit, or a	134557
modification of an injection well drilling permit, operating	134558
permit, or renewal of an operating permit, the director of	134559
environmental protection shall determine whether the application	134560
is complete and demonstrates that the activities for which the	134561
permit, renewal permit, or modification is requested will comply	134562
with the Federal Water Pollution Control Act and regulations	134563
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661	134564
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted	134565
under it; and this chapter and the rules adopted under it. If the	134566
application demonstrates that the proposed activities will not	134567
comply or will pose an unreasonable risk of inducing seismic	134568
activity, inducing geologic fracturing, or contamination of an	134569
underground source of drinking water, the director shall deny the	134570
application. If the application does not make the required	134571
demonstrations, the director shall return it to the applicant with	134572
an indication of those matters about which a required	134573
demonstration was not made. If the director determines that the	134574
application makes the required demonstrations, the director shall	134575
transmit copies of the application and all of the accompanying	134576
maps, data, samples, and information to the chief of the division	134577
of ~~mineral~~oil and gas resources management, the chief of the	134578
division of geological survey, ~~and~~ the chief of the division of	134579
soil and water resources, and, if the well is or is to be located	134580
in a coal bearing township designated under section 1561.06 of the	134581
Revised Code, the chief of the division of mineral resources	134582
management in the department of natural resources.	134583

The chief of the division of geological survey shall comment	134584
upon the application if the chief determines that the proposed	134585
well or injection will present an unreasonable risk of loss or	134586
damage to valuable mineral resources. If the chief submits	134587
comments on the application, those comments shall be accompanied	134588
by an evaluation of the geological factors upon which the comments	134589
are based, including fractures, faults, earthquake potential, and	134590
the porosity and permeability of the injection zone and confining	134591
zone, and by the documentation supporting the evaluation. The	134592
director shall take into consideration the chief's comments, and	134593
the accompanying evaluation of geologic factors and supporting	134594
documentation, when considering the application. The director	134595
shall provide written notice to the chief of the director's	134596
decision on the application and, if the chief's comments are not	134597
included in the permit, renewal permit, or modification, of the	134598
director's rationale for not including them.	134599

The chief of the division of ~~mineral~~oil and gas resources	134600
management shall comment upon the application if the chief	134601
determines that the proposed well or injection will present an	134602
unreasonable risk that waste or contamination of recoverable oil	134603
or gas in the earth will occur. If the chief submits comments on	134604
the application, those comments shall be accompanied by an	134605
evaluation of the oil or gas reserves that, in the best	134606
professional judgment of the chief, are recoverable and will be	134607
adversely affected by the proposed well or injection, and by the	134608
documentation supporting the evaluation. The director shall take	134609
into consideration the chief's comments, and the accompanying	134610
evaluation and supporting documentation, when considering the	134611
application. The director shall provide written notice to the	134612
chief of the director's decision on the application and, if the	134613
chief's comments are not included in the permit, renewal permit,	134614
or modification, of the director's rationale for not including	134615
them.	134616

The chief of the division of soil and water resources shall	134617
assist the director in determining whether all underground sources	134618
of drinking water in the area of review of the proposed well or	134619
injection have been identified and correctly delineated in the	134620
application. If the application fails to identify or correctly	134621
delineate an underground source of drinking water, the chief shall	134622
provide written notice of that fact to the director.	134623

The chief of the division of mineral resources management	134624
~~also~~ shall review the application as follows:	134625

If the application concerns the drilling or conversion of a	134626
well or the injection into a well that is not or is not to be	134627
located within five thousand feet of the excavation and workings	134628
of a mine, the chief of the division of mineral resources	134629
management shall note upon the application that it has been	134630
examined by the division of mineral resources management, retain a	134631
copy of the application and map, and immediately return a copy of	134632
the application to the director.	134633

If the application concerns the drilling or conversion of a	134634
well or the injection into a well that is or is to be located	134635
within five thousand feet, but more than five hundred feet from	134636
the surface excavations and workings of a mine, the chief of the	134637
division of mineral resources management immediately shall notify	134638
the owner or lessee of the mine that the application has been	134639
filed and send to the owner or lessee a copy of the map	134640
accompanying the application setting forth the location of the	134641
well. The chief of the division of mineral resources management	134642
shall note on the application that the notice has been sent to the	134643
owner or lessee of the mine, retain a copy of the application and	134644
map, and immediately return a copy of the application to the	134645
director with the chief's notation on it.	134646

If the application concerns the drilling or conversion of a	134647
well or the injection into a well that is or is to be located	134648
within five thousand feet of the underground excavations and	134649
workings of a mine or within five hundred feet of the surface	134650
excavations and workings of a mine, the chief of the division of	134651
mineral resources management immediately shall notify the owner or	134652
lessee of the mine that the application has been filed and send to	134653
the owner or lessee a copy of the map accompanying the application	134654
setting forth the location of the well. If the owner or lessee	134655
objects to the application, the owner or lessee shall notify the	134656
chief of the division of mineral resources management of the	134657
objection, giving the reasons, within six days after the receipt	134658
of the notice. If the chief of the division of mineral resources	134659
management receives no objections from the owner or lessee of the	134660
mine within ten days after the receipt of the notice by the owner	134661
or lessee, or if in the opinion of the chief of the division of	134662
mineral resources management the objections offered by the owner	134663
or lessee are not sufficiently well founded, the chief shall	134664
retain a copy of the application and map and return a copy of the	134665
application to the director with any applicable notes concerning	134666
it.	134667

If the chief of the division of mineral resources management	134668
receives an objection from the owner or lessee of the mine as to	134669
the application, within ten days after receipt of the notice by	134670
the owner or lessee, and if in the opinion of the chief the	134671
objection is well founded, the chief shall disapprove the	134672
application and immediately return it to the director together	134673
with the chief's reasons for the disapproval. The director	134674
promptly shall notify the applicant for the permit, renewal	134675
permit, or modification of the disapproval. The applicant may	134676
appeal the disapproval of the application by the chief of the	134677
division of mineral resources management to the reclamation	134678
commission created under section 1513.05 of the Revised Code, and	134679
the commission shall hear the appeal in accordance with section	134680
1513.13 of the Revised Code. The appeal shall be filed within	134681
thirty days from the date the applicant receives notice of the	134682
disapproval. No comments concerning or disapproval of an	134683
application shall be delayed by the chief of the division of	134684
mineral resources management for more than fifteen days from the	134685
date of sending of notice to the mine owner or lessee as required	134686
by this section.	134687

The director shall not approve an application for an	134688
injection well drilling permit, an injection well operating	134689
permit, a renewal of an injection well operating permit, or a	134690
modification of an injection well drilling permit, operating	134691
permit, or renewal of an operating permit for a well that is or is	134692
to be located within three hundred feet of any opening of any mine	134693
used as a means of ingress, egress, or ventilation for persons	134694
employed in the mine, nor within one hundred feet of any building	134695
or flammable structure connected with the mine and actually used	134696
as a part of the operating equipment of the mine, unless the chief	134697
of the division of mineral resources management determines that	134698
life or property will not be endangered by drilling and operating	134699
the well in that location.	134700

Upon review by the chief of the division of ~~mineral~~oil and	134701
gas resources management, the chief of the division of geological	134702
survey, and the chief of the division of soil and water resources,	134703
and if the chief of the division of mineral resources management	134704
has not disapproved the application, the director shall issue a	134705
permit, renewal permit, or modification with any terms and	134706
conditions that may be necessary to comply with the Federal Water	134707
Pollution Control Act and regulations adopted under it; the "Safe	134708
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f) as	134709
amended, and regulations adopted under it; and this chapter and	134710
the rules adopted under it. The director shall not issue a permit,	134711
renewal permit, or modification to an applicant if the applicant	134712
or persons associated with the applicant have engaged in or are	134713
engaging in a substantial violation of this chapter that is	134714
endangering or may endanger human health or the environment or if,	134715
in the case of an applicant for an injection well drilling permit,	134716
the applicant, at the time of applying for the permit, did not	134717
hold an injection well operating permit or renewal of an injection	134718
well drilling permit and failed to demonstrate sufficient	134719
expertise and competency to operate the well in compliance with	134720
the applicable provisions of this chapter.	134721

If the director receives a disapproval from the chief of the	134722
division of mineral resources management regarding an application	134723
for an injection well drilling or operating permit, renewal	134724
permit, or modification, if required, the director shall issue an	134725
order denying the application.	134726

The director need not issue a proposed action under section	134727
3745.07 of the Revised Code or hold an adjudication hearing under	134728
that section and Chapter 119. of the Revised Code before issuing	134729
or denying a permit, renewal permit, or modification of a permit	134730
or renewal permit. Before issuing or renewing a permit to drill or	134731
operate a class I injection well or a modification of it, the	134732
director shall propose the permit, renewal permit, or modification	134733
in draft form and shall hold a public hearing to receive public	134734
comment on the draft permit, renewal permit, or modification. At	134735
least fifteen days before the public hearing on a draft permit,	134736
renewal permit, or modification, the director shall publish notice	134737
of the date, time, and location of the public hearing in at least	134738
one newspaper of general circulation serving the area where the	134739
well is or is to be located. The proposing of such a draft permit,	134740
renewal permit, or modification does not constitute the issuance	134741
of a proposed action under section 3745.07 of the Revised Code,	134742
and the holding of the public hearing on such a draft permit,	134743
renewal permit, or modification does not constitute the holding of	134744
an adjudication hearing under that section and Chapter 119. of the	134745
Revised Code. Appeals of orders other than orders of the chief of	134746
the division of mineral resources management shall be taken under	134747
sections 3745.04 to 3745.08 of the Revised Code.	134748

The director may order that an injection well drilling permit	134749
or an injection well operating permit or renewal permit be	134750
suspended and that activities under it cease after determining	134751
that those activities are occurring in violation of law, rule,	134752
order, or term or condition of the permit. Upon service of a copy	134753
of the order upon the permit holder or the permit holder's	134754
authorized agent or assignee, the permit and activities under it	134755
shall be suspended immediately without prior hearing and shall	134756
remain suspended until the violation is corrected and the order of	134757
suspension is lifted. If a violation is the second within a	134758
one-year period, the director, after a hearing, may revoke the	134759
permit.	134760

The director may order that an injection well drilling permit	134761
or an injection well operating permit or renewal permit be	134762
suspended and that activities under it cease if the director has	134763
reasonable cause to believe that the permit would not have been	134764
issued if the information available at the time of suspension had	134765
been available at the time a determination was made by one of the	134766
agencies acting under authority of this section. Upon service of a	134767
copy of the order upon the permit holder or the permit holder's	134768
authorized agent or assignee, the permit and activities under it	134769
shall be suspended immediately without prior hearing, but a permit	134770
may not be suspended for that reason without prior hearing unless	134771
immediate suspension is necessary to prevent waste or	134772
contamination of oil or gas, comply with the Federal Water	134773
Pollution Control Act and regulations adopted under it; the "Safe	134774
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as	134775
amended, and regulations adopted under it; and this chapter and	134776
the rules adopted under it, or prevent damage to valuable mineral	134777
resources, prevent contamination of an underground source of	134778
drinking water, or prevent danger to human life or health. If	134779
after a hearing the director determines that the permit would not	134780
have been issued if the information available at the time of the	134781
hearing had been available at the time a determination was made by	134782
one of the agencies acting under authority of this section, the	134783
director shall revoke the permit.	134784

When a permit has been revoked, the permit holder or other	134785
person responsible for it immediately shall plug the well in the	134786
manner required by the director.	134787

The director may issue orders to prevent or require cessation	134788
of violations of this section, section 6111.043, 6111.045,	134789
6111.046, or 6111.047 of the Revised Code, rules adopted under any	134790
of those sections, and terms or conditions of permits issued under	134791
any of them. The orders may require the elimination of conditions	134792
caused by the violation.	134793

Sec. 6111.46. (A) The environmental protection agency shall	134794
exercise general supervision of the treatment and disposal of	134795
sewage and industrial wastes and the operation and maintenance of	134796
works or means installed for the collection, treatment, and	134797
disposal of sewage and industrial wastes. Such general supervision	134798
shall apply to all features of construction, operation, and	134799
maintenance of the works or means that do or may affect the proper	134800
treatment and disposal of sewage and industrial wastes.	134801

(B)(1) The agency shall investigate the works or means	134802
employed in the collection, treatment, and disposal of sewage and	134803
industrial wastes whenever considered necessary or whenever	134804
requested to do so by local health officials and may issue and	134805
enforce orders and shall adopt rules governing the operation and	134806
maintenance of the works or means of treatment and disposal of	134807
such sewage and industrial wastes. In adopting rules under this	134808
section, the agency shall establish standards governing the	134809
construction, operation, and maintenance of the works or means of	134810
collection, treatment, and disposal of sewage that is generated at	134811
recreational vehicle parks, recreation camps, combined park-camps,	134812
and temporary park-camps that are separate from such standards	134813
relative to manufactured home parks.	134814

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

134815

(a) "Manufactured home parks" has the same meaning as in	134816
section ~~3733.01~~4781.01 of the Revised Code.	134817

(b) "Recreational vehicle parks," "recreation camps,"	134818
"combined park-camps," and "temporary park-camps" have the same	134819
meanings as in section 3729.01 of the Revised Code.	134820

(C) The agency may require the submission of records and data	134821
of construction, operation, and maintenance, including plans and	134822
descriptions of existing works or means of treatment and disposal	134823
of such sewage and industrial wastes. When the agency requires the	134824
submission of such records or information, the public officials or	134825
person, firm, or corporation having the works in charge shall	134826
comply promptly with that order.	134827

Sec. 6115.01. As used in sections 6115.01 to 6115.79 of the	134828
Revised Code:	134829

(A) "Publication" means once a week for three consecutive	134830
weeks in ~~each of two newspapers of different political~~	134831
~~affiliations, if there are such newspapers, and~~a newspaper of	134832
general circulation in the counties wherein publication is to be	134833
made or as provided in section 7.16 of the Revised Code.	134834
Publication need not be made on the same day of the week in each	134835
of the ~~three~~ weeks; but not less than fourteen days, excluding the	134836
day of first publication, shall intervene between the first	134837
publication and the last publication. Publication shall be	134838
complete on the date of the last publication.	134839

(B) "Person" means person, firm, partnership, association, or	134840
corporation, other than county, township, municipal corporation,	134841
or other political subdivision.	134842

(C) "Public corporation" means counties, townships, municipal	134843
corporations, school districts, road districts, ditch districts,	134844
park districts, levee districts, and all other governmental	134845
agencies clothed with the power of levying general or special	134846
taxes.	134847

(D) "Court" means the court of common pleas in which the	134848
petition for the organization of a sanitary district was filed and	134849
granted. In the case of a district lying in more than one county,	134850
"court" means the court comprised of one judge of the court of	134851
common pleas from each county as provided in section 6115.04 of	134852
the Revised Code.	134853

(E) "Land" or "property," unless otherwise specified, means	134854
real property, as "real property" is used in and defined by the	134855
laws of this state, and embraces all railroads, tramroads, roads,	134856
electric railroads, street and interurban railroads, streets and	134857
street improvements, telephones, telegraph, and transmission	134858
lines, gas, sewerage, and water systems, pipelines and	134859
rights-of-way of public service corporations, and all other real	134860
property whether public or private.	134861

(F) "Board of directors" applies to the duties of one	134862
director appointed in accordance with section 6115.10 of the	134863
Revised Code in a district lying wholly within one county.	134864

(G) "Biting arthropods" include mosquitoes, ticks, biting	134865
flies, or other biting arthropods capable of transmitting disease	134866
to humans.	134867

(H) "Bond" or "bonds" means bonds, notes, certificates of	134868
indebtedness, certificates of participation, commercial paper, and	134869
other instruments in writing, including, unless the context does	134870
not admit, bonds or notes issued in anticipation of the issuance	134871
of other bonds, issued by a sanitary district to evidence its	134872
obligation to repay money borrowed, or to pay interest, by, or to	134873
pay at any future time other money obligations of, the sanitary	134874
district.	134875

(I) "Financing costs" has the same meaning as in division (K)	134876
of section 133.01 of the Revised Code.	134877

Sec. 6115.20. (A) When it is determined to let the work	134878
relating to the improvements for which a sanitary district was	134879
established by contract, contracts in amounts to exceed ten	134880
thousand dollars shall be advertised after notice calling for bids	134881
has been published once a week for five consecutive weeks	134882
completed on the date of last publication or as provided in	134883
section 7.16 of the Revised Code, in ~~at least one~~a newspaper of	134884
general circulation within the sanitary district where the work is	134885
to be done. The board of directors of the sanitary district shall	134886
let bids as provided in this section or, if applicable, section	134887
9.312 of the Revised Code. If the bids are for a contract for the	134888
construction, demolition, alteration, repair, or reconstruction of	134889
an improvement, the board of directors of the sanitary district	134890
shall let the contract to the lowest or best bidder who meets the	134891
requirements of section 153.54 of the Revised Code. If the bids	134892
are for a contract for any other work relating to the improvements	134893
for which a sanitary district was established, the board of	134894
directors of the sanitary district shall let the contract to the	134895
lowest or best bidder who gives a good and approved bond, with	134896
ample security, conditioned on the carrying out of the contract	134897
and the payment for all labor and material. The contract shall be	134898
in writing and shall be accompanied by or shall refer to plans and	134899
specifications for the work to be done prepared by the chief	134900
engineer. The plans and specifications at all times shall be made	134901
and considered a part of the contract. The contract shall be	134902
approved by the board and signed by the president of the board and	134903
by the contractor and shall be executed in duplicate. In case of	134904
emergency the advertising of contracts may be waived upon the	134905
consent of the board with the approval of the court or judge in	134906
vacation.	134907

(B) In the case of a sanitary district organized wholly for	134908
the purpose of providing a water supply for domestic, municipal,	134909
and public use that includes two municipal corporations in two	134910
counties, any service to be purchased, including the services of	134911
an accountant, architect, attorney at law, physician, or	134912
professional engineer, at a cost in excess of ten thousand dollars	134913
shall be obtained in the manner provided in sections 153.65 to	134914
~~153.71~~153.73 of the Revised Code. For the purposes of the	134915
application of those sections to division (B) of this section, all	134916
of the following apply:	134917

(1) "Public authority," as used in those sections, shall be	134918
deemed to mean a sanitary district organized wholly for the	134919
purpose of providing a water supply for domestic, municipal, and	134920
public use that includes two municipal corporations in two	134921
counties;	134922

(2) "Professional design firm," as used in those sections,	134923
shall be deemed to mean any person legally engaged in rendering	134924
professional design services as defined in division (B)(3) of this	134925
section;	134926

(3) "Professional design services," as used in those	134927
sections, shall be deemed to mean accounting, architectural,	134928
legal, medical, or professional engineering services;	134929

(4) The use of other terms in those sections shall be adapted	134930
accordingly, including, without limitation, for the purposes of	134931
division (D)~~(2)~~ of section 153.67 of the Revised Code;	134932

(5) Divisions (A) to (C) of section 153.71 of the Revised	134933
Code do not apply.	134934

(C) The board of directors of a district organized wholly for	134935
the purpose of providing a water supply for domestic, municipal,	134936
and public use may contract for, purchase, or otherwise procure	134937
for the benefit of employees of the district and pay all or any	134938
part of the cost of group insurance policies that may provide	134939
benefits, including, but not limited to, hospitalization, surgical	134940
care, major medical care, disability, dental care, vision care,	134941
medical care, hearing aids, or prescription drugs. Any group	134942
insurance policy purchased under this division shall be purchased	134943
from the health care corporation that the board of directors	134944
determines offers the most cost-effective group insurance policy.	134945

Sec. 6115.321. (A) The legislative authority of a municipal	134946
corporation whose territory is included within the territory of a	134947
sanitary district that is established solely for the reduction of	134948
populations of biting arthropods pursuant to division (F) of	134949
section 6115.04 of the Revised Code may enact an ordinance by a	134950
majority vote to submit to the electors of the municipal	134951
corporation the question of whether the territory of the municipal	134952
corporation that is currently included in the district should be	134953
excluded from the district. If the legislative authority of a	134954
municipal corporation enacts such an ordinance, the clerk of the	134955
legislative authority shall transmit a certified copy of the	134956
ordinance to all of the applicable boards of elections. On receipt	134957
of such a certified copy of an ordinance from a legislative	134958
authority, each applicable board of elections shall submit the	134959
proposed question to the electors of the municipal corporation for	134960
approval or rejection at the next general election occurring	134961
subsequent to ninety days after the clerk certifies the ordinance	134962
to the boards of elections. A board of elections shall publish the	134963
full text of the proposed question as set forth in division (B) of	134964
this section one time in a newspaper of general circulation in the	134965
municipal corporation at least fifteen days prior to the election	134966
at which the question is to be submitted to the electors.	134967

(B) The form of the ballots cast at the election shall be as	134968
follows:	134969

"Shall the territory ........... (name of municipal	134970
corporation) be excluded from the ........... (name of sanitary	134971
district) established solely for the reduction of populations of	134972
biting arthropods?	134973

134974

		Yes			134975
		No	"		134976

(C) If a majority of electors voting on the question of	134977
excluding a municipal corporation from the sanitary district vote	134978
in favor of the exclusion, the clerk of the legislative authority	134979
of the municipal corporation shall transmit a copy of the	134980
certified election results to all of the following:	134981

(1) The court of common pleas that entered the order that	134982
established the sanitary district in accordance with section	134983
6115.08 of the Revised Code;	134984

(2) The county auditor of each county in which territory of	134985
the municipal corporation is located;	134986

(3) The county treasurer of each county in which territory of	134987
the municipal corporation is located.	134988

(D) On receipt of a copy of the certified election results	134989
under division (C)(1) of this section, the applicable court of	134990
common pleas shall enter an order on the docket excluding the	134991
territory of the municipal corporation from the territory of the	134992
sanitary district. The exclusion shall take effect on the first	134993
day of January or the first day of July, whichever is earlier,	134994
following the vote in favor of the exclusion of the territory of	134995
the municipal corporation from the territory of the sanitary	134996
district.	134997

(E) On receipt of a copy of the certified election results	134998
under division (C)(2) of this section, a county auditor shall	134999
remove any assessment levied by or for the benefit of the sanitary	135000
district under this chapter on real property that is located	135001
within the territory of the municipal corporation that is to	135002
become due on or after the first day of January or the first day	135003
of July, whichever is earlier, following the vote in favor of the	135004
exclusion of the territory of the municipal corporation from the	135005
territory of the sanitary district.	135006

(F) On receipt of a copy of the certified election results	135007
under division (C)(3) of this section, a county treasurer shall	135008
not collect on or after the first day of January or the first day	135009
of July, whichever is earlier, following the vote in favor of the	135010
exclusion of the territory of the municipal corporation from the	135011
territory of the sanitary district any assessment levied by or for	135012
the benefit of the sanitary district under this chapter on real	135013
property that is located within the territory of the municipal	135014
corporation.	135015

Sec. 6117.05. (A) Whenever any portion of a sewer district	135016
is incorporated as, or annexed to, a municipal corporation, the	135017
area so incorporated or annexed shall remain under the	135018
jurisdiction of the board of county commissioners for purposes of	135019
the acquisition and construction of sanitary and drainage facility	135020
and prevention or replacement facility improvements until all of	135021
those improvements for the area for which a resolution described	135022
in division (A) or (E) of section 6117.06 of the Revised Code has	135023
been adopted by the board have been acquired or completed or until	135024
the board has abandoned the improvements. The board, unless and	135025
until a conveyance is made to a municipal corporation in	135026
accordance with division (B) of this section, shall continue to	135027
have jurisdiction in the area so incorporated or annexed with	135028
respect to the management, maintenance, and operation of all	135029
sanitary and drainage facilities and prevention or replacement	135030
facilities so acquired or completed, or previously acquired or	135031
completed, including the right to establish rules and rates and	135032
charges for the use of, and connections to, the facilities. The	135033
incorporation or annexation of any part of a district shall not	135034
affect the legality or enforceability of any public obligations	135035
issued or incurred by the county for purposes of this chapter to	135036
provide for the payment of the cost of acquisition, construction,	135037
maintenance, or operation of any sanitary or drainage facilities	135038
or prevention or replacement facilities within the area, or the	135039
validity of any assessments levied or to be levied upon properties	135040
within the area to provide for the payment of the cost of	135041
acquisition, construction, maintenance, or operation of the	135042
facilities.	135043

(B) ~~Any~~A board may convey, by mutual agreement, to a	135044
municipal corporation any completed sanitary or drainage	135045
facilities or prevention or replacement facilities acquired or	135046
constructed by a county under this chapter for the use of, or	135047
service of property located in, any county sewer district, or any	135048
part of those facilities~~, that~~to which any of the following	135049
applies:	135050

(1) The facilities are located within athe municipal	135051
corporation or within any area that is incorporated as, or annexed	135052
to, athe municipal corporation~~, or any part of the~~.	135053

(2) The facilities ~~that~~ serve athe municipal corporation or	135054
~~such an area, may be conveyed, by mutual agreement between the~~	135055
~~board and the municipal corporation, to~~any area that is located	135056
within or that is incorporated as, or annexed to, the municipal	135057
corporation on.	135058

(3) The facilities are connected to facilities of the	135059
municipal corporation.	135060

The conveyance shall be completed with terms and for	135061
consideration as may be negotiated. Upon and after the conveyance,	135062
the municipal corporation shall manage, maintain, and operate the	135063
facilities in accordance with the agreement. The board may retain	135064
the right to joint use of all or part of any facilities so	135065
conveyed for the benefit of the district. Neither the validity of	135066
any assessment levied or to be levied, nor the legality or	135067
enforceability of any public obligations issued or incurred, to	135068
provide for the payment of the cost of the acquisition,	135069
construction, maintenance, or operation of the facilities or any	135070
part of them, shall be affected by the conveyance.	135071

Sec. 6117.06. (A) After the establishment of any sewer	135072
district, the board of county commissioners, if a sanitary or	135073
drainage facility or prevention or replacement facility	135074
improvement is to be undertaken, may have the county sanitary	135075
engineer prepare, or otherwise cause to be prepared, for the	135076
district, or revise as needed, a general plan of sewerage or	135077
drainage that is as complete in each case as can be developed at	135078
the time and that is devised with regard to any existing sanitary	135079
or drainage facilities or prevention or replacement facilities in	135080
the district and present as well as prospective needs for	135081
additional sanitary or drainage facilities or prevention or	135082
replacement facilities in the district. After the general plan, in	135083
original or revised form, has been approved by the board, it may	135084
adopt a resolution generally describing the improvement that is	135085
necessary to be acquired or constructed in accordance with the	135086
particular plan, declaring that the improvement is necessary for	135087
the preservation and promotion of the public health and welfare,	135088
and determining whether or not special assessments are to be	135089
levied and collected to pay any part of the cost of the	135090
improvement.	135091

(B) If special assessments are not to be levied and collected	135092
to pay any part of the cost of the improvement, the board, in the	135093
resolution provided for in division (A) of this section or in a	135094
subsequent resolution, including a resolution authorizing the	135095
issuance or incurrence of public obligations for the improvement,	135096
may authorize the improvement and the expenditure of the funds	135097
required for its acquisition or construction and may proceed with	135098
the improvement without regard to the procedures otherwise	135099
required by divisions (C), (D), and (E) of this section and by	135100
sections 6117.07 to 6117.24 of the Revised Code. Those procedures	135101
are required only for improvements for which special assessments	135102
are to be levied and collected.	135103

(C) If special assessments are to be levied and collected	135104
pursuant to a determination made in the resolution provided for in	135105
division (A) of this section or in a subsequent resolution, the	135106
procedures referred to in division (B) of this section as being	135107
required for that purpose shall apply, and the board may have the	135108
county sanitary engineer prepare, or otherwise cause to be	135109
prepared, detailed plans, specifications, and an estimate of cost	135110
for the improvement, together with a tentative assessment of the	135111
cost based on the estimate. The tentative assessment shall be for	135112
the information of property owners and shall not be levied or	135113
certified to the county auditor for collection. The detailed	135114
plans, specifications, estimate of cost, and tentative assessment,	135115
if approved by the board, shall be carefully preserved in the	135116
office of the board or the county sanitary engineer and shall be	135117
open to the inspection of all persons interested in the	135118
improvement.	135119

(D) After the board's approval of the detailed plans,	135120
specifications, estimate of cost, and tentative assessment, and at	135121
least twenty-four days before adopting a resolution pursuant to	135122
division (E) of this section, the board, except to the extent that	135123
appropriate waivers of notice are obtained from affected owners,	135124
shall cause to be sent a notice of its intent to adopt the	135125
resolution to each owner of property proposed to be assessed that	135126
is listed on the records of the county auditor for current	135127
agricultural use value taxation pursuant to section 5713.31 of the	135128
Revised Code and that is not located in an agricultural district	135129
established under section 929.02 of the Revised Code. The notice	135130
shall satisfy all of the following:	135131

(1) Be sent by first class or certified mail;

135132

(2) Specify the proposed date of the adoption of the	135133
resolution;	135134

(3) Contain a statement that the improvement will be financed	135135
in whole or in part by special assessments and that all properties	135136
not located in an agricultural district established pursuant to	135137
section 929.02 of the Revised Code may be subject to a special	135138
assessment;	135139

(4) Contain a statement that an agricultural district may be	135140
established by filing an application with the county auditor.	135141

If it appears, by the return of the mailed notices or by	135142
other means, that one or more of the affected owners cannot be	135143
found or are not served by the mailed notice, the board shall	135144
cause the notice to be published once in a newspaper of general	135145
circulation in the county not later than ten days before the	135146
adoption of the resolution.	135147

(E) After complying with divisions (A), (C), and (D) of this	135148
section, the board may adopt a resolution declaring that the	135149
improvement, which shall be described as to its nature and its	135150
location, route, and termini, is necessary for the preservation	135151
and promotion of the public health and welfare, referring to the	135152
plans, specifications, estimate of cost, and tentative assessment,	135153
stating the place where they are on file and may be examined, and	135154
providing that the entire cost or a lesser designated part of the	135155
cost will be specially assessed against the benefited properties	135156
within the district and that any balance will be paid by the	135157
county at large from other available funds. The resolution also	135158
shall contain a description of the boundaries of that part of the	135159
district to be assessed and shall designate a time and place for	135160
objections to the improvement, to the tentative assessment, or to	135161
the boundaries of the assessment district to be heard by the	135162
board. The date of that hearing shall be not less than twenty-four	135163
days after the date of the first publication of the notice of the	135164
hearing required by this division.	135165

The board shall cause a notice of the hearing to be published	135166
once a week for two consecutive weeks in a newspaper of general	135167
circulation in the county~~, and on~~or as provided in section 7.16	135168
of the Revised Code. On or before the date of the second	135169
publication, itthe board shall cause to be sent by first class or	135170
certified mail a copy of the notice to every owner of property to	135171
be assessed for the improvement whose address is known.	135172

The notice shall set forth the time and place of the hearing,	135173
a summary description of the proposed improvement, including its	135174
general route and termini, a summary description of the area	135175
constituting the assessment district, and the place where the	135176
plans, specifications, estimate of cost, and tentative assessment	135177
are on file and may be examined. Each mailed notice also shall	135178
include a statement that the property of the addressee will be	135179
assessed for the improvement. The notice also shall be sent by	135180
first class or certified mail, on or before the date of the second	135181
publication, to the clerk, or to the official discharging the	135182
duties of a clerk, of any municipal corporation any part of which	135183
lies within the assessment district and shall state whether or not	135184
any property belonging to the municipal corporation is to be	135185
assessed and, if so, shall identify that property.	135186

At the hearing, or at any adjournment of the hearing, of	135187
which no further published or mailed notice need be given, the	135188
board shall hear all parties whose properties are proposed to be	135189
assessed. Written objections to or endorsements of the proposed	135190
improvement, its character and termini, the boundaries of the	135191
assessment district, or the tentative assessment shall be received	135192
by the board for a period of five days after the completion of the	135193
hearing, and no action shall be taken by the board in the matter	135194
until after that period has elapsed. The minutes of the hearing	135195
shall be entered on the journal of the board, showing the persons	135196
who appear in person or by attorney, and all written objections	135197
shall be preserved and filed in the office of the board.	135198

Sec. 6117.07. After the expiration of the period of five	135199
days provided for in section 6117.06 of the Revised Code for the	135200
filing of written objections, the board of county commissioners	135201
shall determine whether or not it will proceed with the	135202
construction of the improvement mentioned in such section. Notice	135203
of the time and place of each meeting of the board of county	135204
commissioners, at which the resolution to proceed with the	135205
construction of such improvement will be considered, shall be	135206
given in writing to all persons who filed written objections as	135207
provided in section 6117.06 of the Revised Code. Such notice shall	135208
contain the following language in addition to the time and place	135209
of the meeting of the board: "any person, firm, or corporation	135210
desiring to appeal from the final order or judgment of the board	135211
upon any of the questions mentioned in section 6117.09 of the	135212
Revised Code shall, on or before the date of the passage of the	135213
improvement resolution, give notice in writing of an intention to	135214
appeal, specifying therein the matters to be appealed from." If it	135215
decides to proceed therewith, the board shall ratify or amend the	135216
plans for the improvement and the character and termini thereof,	135217
the boundaries of the assessment district, and the tentative	135218
assessment, and may cause such revision of plans, boundaries, or	135219
assessments as the board considers necessary to be made by the	135220
county sanitary engineer. If the boundaries of the assessment	135221
district are amended so as to include any property not included	135222
within the boundaries as established by the resolution of	135223
necessity provided for in section 6117.06 of the Revised Code, the	135224
owners of all such property shall be notified by mail if their	135225
addresses are known, and notice shall be published once a week for	135226
two consecutive weeks in a newspaper of general circulation within	135227
the county or as provided in section 7.16 of the Revised Code that	135228
such amendments have been adopted and that a hearing will be given	135229
by the board at a time and place stated in such notice, at which	135230
all persons interested will be heard by the board. The date of	135231
such hearing shall be not less than twenty-four days after the	135232
first publication of such notice, and the hearing shall be	135233
conducted and records kept in the same manner as the first	135234
hearing. Five days shall be allowed for the filing of written	135235
objections as provided in such section for the first hearing.	135236

After the expiration of such five day period, the board shall	135237
ratify the plans for the improvement and the character and termini	135238
thereof, the boundaries of the assessment district, and the	135239
tentative assessment, or shall further amend the same. If the	135240
boundaries of the assessment district are amended so as to include	135241
any property not included in the assessment district as originally	135242
established or previously amended, further notice and hearing	135243
shall be given to the owners of such property in the same manner	135244
as for the first amendment of such boundaries, and the same	135245
procedure shall be repeated until all property owners affected	135246
have been given an opportunity to be heard. If the owners of all	135247
property added to an assessment district by amendment of the	135248
original boundaries thereof waive objection to such amendment in	135249
writing, no further notice or hearing shall be given.	135250

After the board has ratified the plans for the improvement	135251
and the character and termini thereof, the boundaries of the	135252
assessment district, and the tentative assessment, either as	135253
originally presented or as amended, and if it decides to proceed	135254
therewith, the board shall adopt a resolution to be known as the	135255
improvement resolution. Said improvement resolution shall declare	135256
the determination of such board to proceed with the construction	135257
of the improvement provided for in the resolution of necessity, in	135258
accordance with the plans and specifications provided for such	135259
improvement as ratified or amended, and whether bonds or	135260
certificates of indebtedness shall be issued in anticipation of	135261
the collection of special assessments, as provided in section	135262
6117.08 to 6117.45, inclusive, of the Revised Code, or that money	135263
in the county treasury unappropriated for any other purpose shall	135264
be appropriated to pay for said improvement.	135265

Sec. 6117.251. (A) After the establishment of any county	135266
sewer district, the board of county commissioners may determine by	135267
resolution that it is necessary to provide sanitary or drainage	135268
facility improvements or prevention or replacement facility	135269
improvements and to maintain and operate the improvements within	135270
the district or a designated portion of the district, that the	135271
improvements, which shall be generally described in the	135272
resolution, shall be constructed, that funds are required to pay	135273
the preliminary costs of the improvements to be incurred prior to	135274
the commencement of the proceedings for their construction, and	135275
that those funds shall be provided in accordance with this	135276
section.	135277

(B) Prior to the adoption of the resolution, the board shall	135278
give notice of its pendency and of the proposed determination of	135279
the necessity of the improvements generally described in the	135280
resolution. The notice shall set forth a description of the	135281
properties to be benefited by the improvements and the time and	135282
place of a hearing of objections to and endorsements of the	135283
improvements. The notice shall be given ~~either~~ by publication in a	135284
newspaper of general circulation in the county once a week for two	135285
consecutive weeks, orby publication as provided in section 7.16	135286
of the Revised Code, by mailing a copy of the notice by first	135287
class or certified mail to the owners of the properties proposed	135288
to be assessed at their respective tax mailing addresses, or by	135289
~~both~~a combination of these manners, the first publication to be	135290
made or the mailing to occur at least two weeks prior to the date	135291
set for the hearing. At the hearing, or at any adjournment of the	135292
hearing, of which no further published or mailed notice need be	135293
given, the board shall hear all persons whose properties are	135294
proposed to be assessed and the evidence it considers to be	135295
necessary. The board then shall determine the necessity of the	135296
proposed improvements and whether the improvements shall be made	135297
by the board and, if they are to be made, shall direct the	135298
preparation of tentative assessments upon the benefited properties	135299
and by whom they shall be prepared.	135300

(C) In order to obtain funds for the preparation of a general	135301
or revised general plan of sewerage or drainage for the district	135302
or part of the district, for the preparation of the detailed	135303
plans, specifications, estimate of cost, and tentative assessment	135304
for the proposed improvements, and for the cost of financing and	135305
legal services incident to the preparation of all of those plans	135306
and a plan of financing the proposed improvements, the board may	135307
levy upon the properties to be benefited in the district a	135308
preliminary assessment apportioned according to benefits or to tax	135309
valuation or partly by one method and partly by the other method	135310
as the board may determine. The assessments shall be in the amount	135311
determined to be necessary to obtain funds for the general and	135312
detailed plans and the cost of financing and legal services and	135313
shall be payable in the number of years that the board shall	135314
determine, not to exceed twenty years, together with interest on	135315
any public obligations that may be issued or incurred in	135316
anticipation of the collection of the assessments.	135317

(D) The board shall have power at any time to levy additional	135318
assessments according to benefits or to tax valuation or partly by	135319
one method and partly by the other method as the board may	135320
determine for the purposes described in division (C) of this	135321
section upon the benefited properties to complete the payment of	135322
the costs described in division (C) of this section or to pay the	135323
cost of any additional plans, specifications, estimate of cost, or	135324
tentative assessment and the cost of financing and legal services	135325
incident to the preparation of those plans and the plan of	135326
financing, which additional assessments shall be payable in the	135327
number of years that the board shall determine, not to exceed	135328
twenty years, together with interest on any public obligations	135329
that may be issued or incurred in anticipation of the collection	135330
of the additional assessments.	135331

(E) Prior to the adoption of a resolution levying assessments	135332
under this section, the board shall give notice either by one	135333
publication in a newspaper of general circulation in the county,	135334
or by mailing a copy of the notice by first class or certified	135335
mail to the owners of the properties proposed to be assessed at	135336
their respective tax mailing addresses, or by both manners, the	135337
publication to be made or the mailing to occur at least ten days	135338
prior to the date of the meeting at which the resolution shall be	135339
taken up for consideration; that notice shall state the time and	135340
place of the meeting at which the resolution is to be considered.	135341
At the time and place of the meeting, or at any adjournment of the	135342
meeting, of which no further published or mailed notice need be	135343
given, the board shall hear all persons whose properties are	135344
proposed to be assessed, shall correct any errors and make any	135345
revisions that appear to be necessary or just, and then may adopt	135346
a resolution levying upon the properties determined to be	135347
benefited the assessments as so corrected and revised.	135348

The assessments levied by the resolution shall be certified	135349
to the county auditor for collection in the same manner as taxes	135350
in the year or years in which they are payable.	135351

(F) Upon the adoption of the resolution described in division	135352
(E) of this section, no further action shall be taken or work done	135353
until ten days have elapsed. If, at the expiration of that period,	135354
no appeal has been effected by any property owner as provided in	135355
this division, the action of the board shall be final. If, at the	135356
end of that ten days, any owner of property to be assessed for the	135357
improvements has effected an appeal, no further action shall be	135358
taken and no work done in connection with the improvements under	135359
the resolution until the matters appealed from have been disposed	135360
of in court.	135361

Any owner of property to be assessed may appeal as provided	135362
and upon the grounds stated in sections 6117.09 to 6117.24 of the	135363
Revised Code.	135364

If no appeal has been perfected or if on appeal the	135365
resolution of the board is sustained, the board may authorize and	135366
enter into contracts to carry out the purposes for which the	135367
assessments have been levied without the prior issuance of notes,	135368
provided that the payments under those contracts do not fall due	135369
prior to the time by which the assessments are to be collected.	135370
The board may issue and sell bonds with a maximum maturity of	135371
twenty years in anticipation of the collection of the assessments	135372
and may issue notes in anticipation of the issuance of the bonds,	135373
which notes and bonds, as public obligations, shall be issued and	135374
sold as provided in Chapter 133. of the Revised Code.	135375

Sec. 6117.49. (A) If the board of county commissioners	135376
determines by resolution that the best interests of the county and	135377
those served by the sanitary or drainage facilities or the	135378
prevention or replacement facilities of a county sewer district so	135379
require, the board may sell or otherwise dispose of the facilities	135380
to another public agency or a person. The resolution declaring the	135381
necessity of that disposition shall recite the reasons for the	135382
sale or other disposition and shall establish any conditions or	135383
terms that the board may impose, including, but not limited to, a	135384
minimum sales price if a sale is proposed, a requirement for the	135385
submission by bidders of the schedule of rates and charges	135386
initially proposed to be paid for the services of the facilities,	135387
and other pertinent conditions or terms relating to the sale or	135388
other disposition. The resolution also shall designate a time and	135389
place for the hearing of objections to the sale or other	135390
disposition by the board. Notice of the adoption of the resolution	135391
and the time and place of the hearing shall be published as	135392
provided in section 7.16 of the Revised Code or once a week for	135393
two consecutive weeks, in a newspaper of general circulation in	135394
the sewer district and in the county. The public hearing on the	135395
sale or other disposition shall be held not less than twenty-four	135396
days following the date of first publication of the notice. A copy	135397
of the notice also shall be sent by first class or certified mail,	135398
on or before the date of the second publication, to any public	135399
agency within the area served by the facilities. At the public	135400
hearing, or at any adjournment of it, of which no further	135401
published or mailed notice need be given, the board shall hear all	135402
interested parties. A period of five days shall be given following	135403
the completion of the hearing for the filing of written objections	135404
by any interested persons or public agencies to the sale or other	135405
disposition, after which the board shall consider any objections	135406
and by resolution determine whether or not to proceed with the	135407
sale or other disposition. If the board determines to proceed with	135408
the sale or other disposition, it shall receive bids after	135409
advertising once a week for four consecutive weeks or as provided	135410
in section 7.16 of the Revised Code, in a newspaper of general	135411
circulation in the county and, subject to the right of the board	135412
to reject any or all bids, may make an award to a responsible	135413
bidder whose proposal is determined by the board to be in the best	135414
interests of the county and those served by the facilities.	135415

(B) A conveyance of sanitary or drainage facilities or of	135416
prevention or replacement facilities by a county to a municipal	135417
corporation in accordance with division (B) of section 6117.05 of	135418
the Revised Code may be made without regard to division (A) of	135419
this section.	135420

Sec. 6119.061. (A) Whenever any portion of a regional water	135421
and sewer district is incorporated as, or annexed to, a municipal	135422
corporation, the area so incorporated or annexed shall remain	135423
under the jurisdiction of the district for purposes of the	135424
acquisition, construction, or operation of a water resource	135425
project until the water resource project has been acquired or	135426
completed or until the project is abandoned by the district. The	135427
board of trustees of the district, unless and until a conveyance	135428
is made to a municipal corporation in accordance with division (B)	135429
of this section, shall continue to have jurisdiction in the area	135430
so incorporated or annexed with respect to the management,	135431
maintenance, and operation of all water resource projects so	135432
acquired or completed or previously acquired or completed,	135433
including the right to establish rules and rates and charges for	135434
the use of, and connections to, the projects. The incorporation or	135435
annexation of any part of a district shall not affect the legality	135436
or enforceability of any public obligations issued or incurred by	135437
the district for purposes of this chapter to provide for the	135438
payment of the cost of acquisition, construction, maintenance, or	135439
operation of any water resource project or the validity of any	135440
assessments levied or to be levied on properties within the area	135441
to provide for the payment of the cost of acquisition,	135442
construction, maintenance, or operation of the project.	135443

(B) The board of trustees of a regional water and sewer	135444
district may convey, by mutual agreement, to a municipal	135445
corporation any completed water resource project acquired or	135446
constructed under this chapter for the use of, or service of	135447
property located in, the regional water and sewer district, or any	135448
part of that project to which any of the following applies:	135449

(1) The project is located within the municipal corporation	135450
or within any area that is incorporated as, or annexed to, the	135451
municipal corporation.	135452

(2) The project serves the municipal corporation or any area	135453
that is located within or that is incorporated as, or annexed to,	135454
the municipal corporation.	135455

(3) The project is connected to water supply or sanitary,	135456
drainage, prevention, or replacement facilities of the municipal	135457
corporation.	135458

The conveyance shall be completed with terms and for	135459
consideration as may be negotiated. Upon and after the conveyance,	135460
the municipal corporation shall manage, maintain, and operate the	135461
water resource project in accordance with the agreement. The board	135462
of trustees may retain the right to the joint use of all or part	135463
of any project so conveyed for the benefit of the district.	135464
Neither the validity of any assessment levied or to be levied, nor	135465
the legality or enforceability of any public obligations issued or	135466
incurred, to provide for the payment of the cost of the	135467
acquisition, construction, maintenance, or operation of the	135468
project or any part of the project shall be affected by the	135469
conveyance.	135470

Sec. 6119.10. The board of trustees of a regional water and	135471
sewer district or any officer or employee designated by the board	135472
may make any contract for the purchase of supplies or material or	135473
for labor for any work, under the supervision of the board, the	135474
cost of which shall not exceed twenty-five thousand dollars. When	135475
an expenditure, other than for the acquisition of real estate and	135476
interests in real estate, the discharge of noncontractual claims,	135477
personal services, the joint use of facilities or the exercise of	135478
powers with other political subdivisions, or the product or	135479
services of public utilities, exceeds twenty-five thousand	135480
dollars, the expenditures shall be made only after a notice	135481
calling for bids has been published ~~not less than~~ two consecutive	135482
weeks in ~~at least~~ one newspaper ~~having a~~of general circulation	135483
within the district or as provided in section 7.16 of the Revised	135484
Code. If the bids are for a contract for the construction,	135485
demolition, alteration, repair, or reconstruction of an	135486
improvement, the board may let the contract to the lowest and best	135487
bidder who meets the requirements of section 153.54 of the Revised	135488
Code. If the bids are for a contract for any other work relating	135489
to the improvements for which a regional water and sewer district	135490
was established, the board of trustees of the regional water and	135491
sewer district may let the contract to the lowest or best bidder	135492
who gives a good and approved bond with ample security conditioned	135493
on the carrying out of the contract. The contract shall be in	135494
writing and shall be accompanied by or shall refer to plans and	135495
specifications for the work to be done, approved by the board. The	135496
plans and specifications shall at all times be made and considered	135497
part of the contract. The contract shall be approved by the board	135498
and signed by its president or other duly authorized officer and	135499
by the contractor. In case of a real and present emergency, the	135500
board of trustees of the district, by two-thirds vote of all	135501
members, may authorize the president or other duly authorized	135502
officer to enter into a contract for work to be done or for the	135503
purchase of supplies or materials without formal bidding or	135504
advertising. All contracts shall have attached the certificate	135505
required by section 5705.41 of the Revised Code duly executed by	135506
the secretary of the board of trustees of the district. The	135507
district may make improvements by force account or direct labor,	135508
provided that, if the estimated cost of supplies or material for	135509
any such improvement exceeds twenty-five thousand dollars, bids	135510
shall be received as provided in this section. For the purposes of	135511
the competitive bidding requirements of this section, the board	135512
shall not sever a contract for supplies or materials and labor	135513
into separate contracts for labor, supplies, or materials if the	135514
contracts are in fact a part of a single contract required to be	135515
bid competitively under this section.	135516

Sec. 6119.18. The board of trustees of a regional water and	135517
sewer district, by a vote of two-thirds of all its members, may	135518
declare by resolution that it is necessary to levy a tax in excess	135519
of the ten-mill limitation for the purpose of providing funds to	135520
pay current expenses of the district or for the purpose of paying	135521
any portion of the cost of one or more water resource projects or	135522
parts thereof or for both of such purposes, and that the question	135523
of such tax levy shall be submitted to the electors of the	135524
district at a general or primary election. Such resolution shall	135525
conform to the requirements of section 5705.19 of the Revised	135526
Code, except as otherwise permitted by this section and except	135527
that such levy may be for a period not longer than ten years. The	135528
resolution shall go into immediate effect upon its passage and no	135529
publication of the resolution is necessary other than that	135530
provided for in the notice of election. A copy of such resolution	135531
shall, immediately after its passage, be certified to the board of	135532
elections of the proper county or counties in the manner provided	135533
by section 5705.25 of the Revised Code, and such section shall	135534
govern the arrangements for the submission of such question and	135535
other matters with respect to such election to which such section	135536
refers. Publication of the notice of that election shall be made	135537
in one ~~or more newspapers having a~~newspaper of general	135538
circulation in the district once a week for two consecutive weeks	135539
prior to the election, ~~and, if~~or as provided in section 7.16 of	135540
the Revised Code. If the board of elections operates and maintains	135541
a web site, the board of elections shall post notice of the	135542
election on its web site for thirty days prior to the election.	135543

If a majority of the electors voting on the question vote in	135544
favor thereof, the board may make the necessary levy within the	135545
district at the additional rate or at any lesser rate on the tax	135546
list and duplicate for the purpose or purposes stated in the	135547
resolution.	135548

The taxes realized from such levy shall be collected at the	135549
same time and in the same manner as other taxes on such tax list	135550
and duplicate and such taxes, when collected, shall be paid to the	135551
district and deposited by it in a special fund which shall be	135552
established by the district for all revenues derived from such	135553
levy and for the proceeds of anticipation notes which shall be	135554
deposited in such fund.	135555

After the approval of such levy, the district may anticipate	135556
a fraction of the proceeds of such levy and, from time to time,	135557
during the life of such levy, issue anticipation notes in an	135558
amount not exceeding fifty per cent of the estimated proceeds of	135559
such levy to be collected in each year up to a period of five	135560
years after the date of issuance of such notes, less an amount	135561
equal to the proceeds of such levy previously obligated for each	135562
year by the issuance of anticipation notes, provided that the	135563
total amount maturing in any one year shall not exceed fifty per	135564
cent of the anticipated proceeds of such levy for that year. Each	135565
issue of notes shall be sold as provided in Chapter 133. of the	135566
Revised Code, and shall, except for such limitation that the total	135567
amount of such notes maturing in any one year shall not exceed	135568
fifty per cent of the anticipated proceeds of such levy for that	135569
year, mature serially in substantially equal installments during	135570
each year over a period not to exceed five years after their	135571
issuance.	135572

Sec. 6119.22. When a plan of sewerage devised in accordance	135573
with section 6119.19 of the Revised Code has been prepared, the	135574
board of trustees of the regional water and sewer district shall	135575
give at least ten days' notice in one newspaper of general	135576
circulation in such area or give notice as provided in section	135577
7.16 of the Revised Code, stating that such plans have been	135578
prepared and are filed in the office of the secretary of the board	135579
for examination and inspection by the parties interested.	135580

Any objection to such plan shall then be made to the board	135581
and it may amend or correct such plan, and shall thereupon file it	135582
as amended, or if no amendments are made, it shall file the	135583
original plan in the office of the secretary.	135584

Sec. 6119.25. When the board of trustees of a regional water	135585
and sewer district deems it necessary to construct all or a part	135586
of the sewers provided for in the plan devised in accordance with	135587
section 6119.19 of the Revised Code, the board shall declare by	135588
resolution the necessity thereof. Such resolution shall contain a	135589
declaration of the necessity of such improvement, a statement of	135590
the districts, areas, or parts thereof proposed to be constructed,	135591
the character of the materials to be used, a reference to the	135592
plans and specifications, where they are on file, and the mode of	135593
payment therefor, and shall publish the resolution once a week for	135594
not less than two nor more than four consecutive weeks in one	135595
newspaper of general circulation in the area or as provided in	135596
section 7.16 of the Revised Code.	135597

Sec. 6119.58. In order to obtain funds for the preparation	135598
of plans, specifications, estimates of cost, tentative	135599
assessments, and a plan of financing for any water resource	135600
project or part thereof, the board of trustees of a regional water	135601
and sewer district may levy upon the property in such district to	135602
be benefited by such project assessments apportioned in accordance	135603
with one or more of the methods set forth in section 6119.42 of	135604
the Revised Code. The aggregate of such assessments shall not	135605
exceed the amount determined by the board of trustees to be	135606
necessary for such purpose, including costs of financing, legal	135607
services, and other incidental costs, and shall be payable in such	135608
number of annual installments, not less than one, as the board of	135609
trustees prescribes, together with interest on any water resource	135610
revenue notes and bonds which may be issued in anticipation of the	135611
collection of such assessments.	135612

If the board of trustees proposes to obtain funds in	135613
accordance with this section, it shall determine by resolution	135614
that it is necessary to construct the water resource project and	135615
to maintain and operate the same on behalf of the district.	135616

Prior to the adoption of the resolution making such	135617
determination, the board of trustees shall give notice of the	135618
pendency thereof and of the proposed determination of the	135619
necessity of the construction of such project therein generally	135620
described, and such notice shall set forth a description of the	135621
properties to be benefited by such project and the time and place	135622
of a hearing of objections to, and endorsements of, such project.	135623
Such notice shall be given by publication in ~~at least~~ one	135624
newspaper ~~having a~~of general circulation in the district once a	135625
week for two consecutive weeks or as provided in section 7.16 of	135626
the Revised Code, the first publication to be at least two weeks	135627
prior to the date set for the hearing, provided that the board of	135628
trustees may give, or cause to be given, such alternative or	135629
further notice of such hearing as it finds to be necessary or	135630
appropriate. At such hearing, or at any adjournment thereof, of	135631
which no further notice need be given, the board of trustees shall	135632
hear all owners whose properties are proposed to be assessed and	135633
such other evidence as is considered to be necessary, and may then	135634
adopt its resolution determining that the proposed project is	135635
necessary and should be undertaken by the district. In such	135636
resolution, the board of trustees shall direct the preparation of	135637
the estimated assessments upon the benefited properties and by	135638
whom they shall be prepared.	135639

After such assessments have been prepared and filed in the	135640
office of the secretary of the board of trustees and prior to the	135641
adoption of the resolution levying such assessments, the board of	135642
trustees shall give notice of the pendency of such resolution and	135643
of the proposed determination to levy such assessments, and such	135644
notice shall set forth the time and place of a hearing of	135645
objections to such assessments. Such notice shall be given by	135646
publication once in ~~at least~~ one newspaper ~~having a~~of general	135647
circulation in the district, such publication to be made at least	135648
ten days prior to the date set for the hearing, provided that the	135649
board of trustees may give or cause to be given, such alternative	135650
of further notice of such hearing as it finds to be necessary or	135651
appropriate. At such hearing, or at any adjournment thereof, of	135652
which no further notice need be given, the board of trustees shall	135653
hear all persons whose properties are proposed to be assessed,	135654
shall correct any errors and make any revisions in the estimated	135655
assessments that appear to be necessary or just, and may then	135656
adopt a resolution levying upon the properties determined to be	135657
benefited the assessments as originally prepared or as so	135658
corrected and revised.	135659

The board of trustees shall have the power at any time to	135660
levy additional assessments upon such properties to complete the	135661
payment of the costs for which the original assessments were	135662
levied or to provide funds for any additional plans,	135663
specifications, estimates of cost, tentative assessments, and	135664
other incidental costs, provided that the board shall first have	135665
held a hearing on objections to such additional assessments in the	135666
same manner as required by this section with respect to such	135667
original assessments. Such additional assessments shall be payable	135668
in such number of annual installments, not less than one, as the	135669
board of trustees prescribes, together with interest on any water	135670
resource revenue notes and bonds which may be issued in	135671
anticipation of the collection of such assessments.	135672

The board of trustees may authorize contracts to carry out	135673
the purposes for which such assessments have been levied without	135674
the prior issuance of water resource revenue notes and bonds,	135675
provided that the payments to be made by the district do not fall	135676
due prior to the times when such assessments shall be collected.	135677

Section 101.02. That existing sections 7.10, 7.11, 7.12,	135678
9.03, 9.06, 9.231, 9.24, 9.33, 9.331, 9.332, 9.333, 9.82, 9.823,	135679
9.833, 9.90, 9.901, 101.532, 101.82, 102.02, 105.41, 107.09,	135680
109.36, 109.43, 109.57, 109.572, 109.64, 109.71, 109.801, 111.12,	135681
111.16, 111.18, 117.101, 117.13, 118.023, 118.04, 118.05, 118.06,	135682
118.12, 118.17, 118.99, 119.032, 120.40, 121.03, 121.04, 121.22,	135683
121.37, 121.40, 121.401, 121.402, 121.403, 121.404, 122.121,	135684
122.171, 122.76, 123.01, 123.011, 123.10, 124.09, 124.11, 124.14,	135685
124.141, 124.15, 124.23, 124.231, 124.24, 124.25, 124.26, 124.27,	135686
124.31, 124.34, 124.393, 124.85, 125.021, 125.15, 125.18, 125.28,	135687
125.89, 126.021, 126.12, 126.21, 126.24, 126.45, 126.46, 126.50,	135688
126.503, 127.14, 127.16, 127.162, 131.02, 131.23, 131.44, 131.51,	135689
133.01, 133.06, 133.18, 133.20, 133.55, 135.05, 135.61, 135.65,	135690
135.66, 135.80, 145.27, 145.56, 149.01, 149.091, 149.11, 149.311,	135691
149.351, 149.38, 149.39, 149.41, 149.411, 149.412, 149.42, 149.43,	135692
153.01, 153.012, 153.02, 153.03, 153.07, 153.08, 153.50, 153.51,	135693
153.52, 153.54, 153.56, 153.581, 153.65, 153.66, 153.67, 153.69,	135694
153.70, 153.71, 153.80, 154.02, 154.07, 154.11, 166.02, 173.14,	135695
173.21, 173.26, 173.35, 173.351, 173.36, 173.391, 173.40, 173.401,	135696
173.403, 173.404, 173.42, 173.45, 173.46, 173.47, 173.48, 173.501,	135697
183.30, 183.51, 185.01, 185.03, 185.06, 185.10, 187.01, 187.02,	135698
187.03, 187.09, 301.02, 301.15, 301.28, 305.171, 306.35, 306.43,	135699
306.70, 307.022, 307.041, 307.10, 307.12, 307.676, 307.70, 307.79,	135700
307.791, 307.80, 307.801, 307.802, 307.803, 307.806, 307.81,	135701
307.82, 307.83, 307.84, 307.842, 307.843, 307.846, 307.86, 308.13,	135702
309.09, 311.29, 311.31, 317.20, 319.11, 319.301, 319.54, 321.18,	135703
321.261, 322.02, 322.021, 323.08, 323.73, 323.75, 324.02, 324.021,	135704
325.20, 340.02, 340.03, 340.033, 340.05, 340.091, 340.11, 341.192,	135705
343.08, 345.03, 349.03, 501.07, 503.05, 503.162, 503.41, 504.02,	135706
504.03, 504.12, 504.16, 504.21, 505.101, 505.105, 505.106,	135707
505.107, 505.108, 505.109, 505.17, 505.172, 505.24, 505.264,	135708
505.267, 505.28, 505.373, 505.43, 505.48, 505.481, 505.482,	135709
505.49, 505.491, 505.492, 505.493, 505.494, 505.495, 505.50,	135710
505.51, 505.511, 505.52, 505.53, 505.54, 505.541, 505.55, 505.60,	135711
505.601, 505.603, 505.61, 505.67, 505.73, 507.09, 509.15, 511.01,	135712
511.12, 511.23, 511.235, 511.236, 511.25, 511.28, 511.34, 513.14,	135713
515.01, 515.04, 515.07, 517.06, 517.12, 517.22, 521.03, 521.05,	135714
705.16, 709.43, 709.44, 711.35, 715.011, 715.47, 718.01, 718.09,	135715
718.10, 719.012, 719.05, 721.03, 721.15, 721.20, 723.07, 727.011,	135716
727.012, 727.08, 727.14, 727.46, 729.08, 729.11, 731.14, 731.141,	135717
731.20, 731.21, 731.211, 731.22, 731.23, 731.24, 731.25, 735.05,	135718
735.20, 737.04, 737.041, 737.32, 737.40, 742.41, 745.07, 747.05,	135719
747.11, 747.12, 755.16, 755.29, 755.41, 755.42, 755.43, 759.47,	135720
901.09, 924.52, 927.69, 951.11, 955.011, 955.012, 1309.528,	135721
1327.46, 1327.50, 1327.51, 1327.511, 1327.54, 1327.57, 1327.62,	135722
1327.99, 1329.04, 1329.42, 1332.24, 1345.73, 1347.08, 1501.022,	135723
1501.40, 1503.05, 1503.141, 1505.01, 1505.04, 1505.06, 1505.09,	135724
1505.11, 1505.99, 1506.21, 1509.01, 1509.02, 1509.021, 1509.03,	135725
1509.04, 1509.041, 1509.05, 1509.06, 1509.061, 1509.062, 1509.07,	135726
1509.071, 1509.072, 1509.073, 1509.08, 1509.09, 1509.10, 1509.11,	135727
1509.12, 1509.13, 1509.14, 1509.15, 1509.17, 1509.181, 1509.19,	135728
1509.21, 1509.22, 1509.221, 1509.222, 1509.223, 1509.224,	135729
1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 1509.27,	135730
1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.34, 1509.36,	135731
1509.38, 1509.40, 1509.50, 1510.01, 1510.08, 1515.08, 1515.14,	135732
1515.24, 1517.02, 1517.03, 1531.04, 1533.10, 1533.11, 1533.111,	135733
1533.32, 1533.731, 1533.83, 1541.05, 1545.071, 1545.09, 1545.12,	135734
1545.131, 1545.132, 1545.30, 1547.301, 1547.302, 1547.303,	135735
1547.304, 1551.311, 1551.32, 1551.33, 1551.35, 1555.02, 1555.03,	135736
1555.04, 1555.05, 1555.06, 1555.08, 1555.17, 1561.06, 1561.12,	135737
1561.13, 1561.35, 1561.49, 1563.06, 1563.24, 1563.28, 1571.01,	135738
1571.02, 1571.03, 1571.04, 1571.05, 1571.06, 1571.08, 1571.09,	135739
1571.10, 1571.11, 1571.14, 1571.16, 1571.18, 1571.99, 1701.07,	135740
1702.59, 1703.031, 1703.07, 1707.11, 1707.17, 1711.05, 1711.07,	135741
1711.18, 1711.30, 1728.06, 1728.07, 1751.01, 1751.04, 1751.11,	135742
1751.111, 1751.12, 1751.13, 1751.15, 1751.17, 1751.20, 1751.31,	135743
1751.34, 1751.60, 1761.04, 1776.83, 1785.06, 1901.02, 1901.06,	135744
1901.18, 1901.261, 1901.262, 1901.41, 1905.01, 1907.13, 1907.261,	135745
1907.262, 1907.53, 1909.11, 1923.01, 1923.02, 1923.061, 1923.15,	135746
2105.09, 2151.011, 2151.3515, 2151.412, 2151.421, 2151.424,	135747
2151.541, 2152.72, 2301.01, 2301.031, 2303.201, 2305.01, 2305.232,	135748
2317.02, 2317.422, 2329.26, 2335.05, 2335.06, 2501.02, 2503.01,	135749
2744.05, 2901.01, 2903.33, 2907.15, 2915.01, 2917.40, 2919.271,	135750
2921.41, 2925.03, 2929.71, 2935.01, 2935.03, 2945.371, 2945.38,	135751
2945.39, 2945.40, 2945.401, 2945.402, 2949.14, 2953.08, 2981.11,	135752
2981.13, 3109.16, 3111.04, 3113.06, 3119.54, 3121.48, 3123.44,	135753
3123.45, 3123.55, 3123.56, 3123.58, 3123.59, 3123.63, 3301.07,	135754
3301.071, 3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.0714,	135755
3301.16, 3301.162, 3301.70, 3302.02, 3302.031, 3302.05, 3302.07,	135756
3304.181, 3304.182, 3305.08, 3306.12, 3307.20, 3307.31, 3307.41,	135757
3307.64, 3309.22, 3309.41, 3309.48, 3309.51, 3309.66, 3310.02,	135758
3310.03, 3310.05, 3310.08, 3310.41, 3311.05, 3311.054, 3311.056,	135759
3311.06, 3311.19, 3311.21, 3311.213, 3311.214, 3311.29, 3311.50,	135760
3311.52, 3311.53, 3311.73, 3311.76, 3313.29, 3313.372, 3313.41,	135761
3313.46, 3313.482, 3313.533, 3313.55, 3313.603, 3313.61, 3313.611,	135762
3313.612, 3313.614, 3313.64, 3313.642, 3313.6410, 3313.65,	135763
3313.75, 3313.816, 3313.842, 3313.843, 3313.845, 3313.911,	135764
3313.97, 3313.975, 3313.976, 3313.978, 3313.979, 3313.981,	135765
3314.012, 3314.015, 3314.02, 3314.021, 3314.023, 3314.03, 3314.05,	135766
3314.051, 3314.07, 3314.08, 3314.087, 3314.088, 3314.091, 3314.10,	135767
3314.13, 3314.19, 3314.20, 3314.22, 3314.35, 3314.36, 3315.01,	135768
3316.041, 3316.06, 3316.08, 3316.20, 3317.01, 3317.013, 3317.014,	135769
3317.018, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024,	135770
3317.025, 3317.0210, 3317.0211, 3317.03, 3317.031, 3317.05,	135771
3317.051, 3317.053, 3317.06, 3317.061, 3317.07, 3317.08, 3317.081,	135772
3317.082, 3317.09, 3317.11, 3317.12, 3317.16, 3317.18, 3317.19,	135773
3317.20, 3317.201, 3318.011, 3318.032, 3318.034, 3318.05,	135774
3318.051, 3318.08, 3318.12, 3318.31, 3318.36, 3318.37, 3318.38,	135775
3318.41, 3318.44, 3319.081, 3319.17, 3319.19, 3319.227, 3319.26,	135776
3319.31, 3319.311, 3319.39, 3319.57, 3319.71, 3323.09, 3323.091,	135777
3323.14, 3323.142, 3323.31, 3324.05, 3325.08, 3326.11, 3326.33,	135778
3326.39, 3327.02, 3327.04, 3327.05, 3329.08, 3331.01, 3333.03,	135779
3333.043, 3333.31, 3333.38, 3333.66, 3333.81, 3333.82, 3333.83,	135780
3333.84, 3333.85, 3333.87, 3333.90, 3334.19, 3345.061, 3345.14,	135781
3345.32, 3349.29, 3353.04, 3354.12, 3354.16, 3355.09, 3357.16,	135782
3365.01, 3365.08, 3375.41, 3381.11, 3501.03, 3501.17, 3505.13,	135783
3506.05, 3701.021, 3701.023, 3701.07, 3701.61, 3701.74, 3701.83,	135784
3702.59, 3704.06, 3704.14, 3705.24, 3709.085, 3709.09, 3709.092,	135785
3709.21, 3717.01, 3717.53, 3719.141, 3719.41, 3721.01, 3721.011,	135786
3721.02, 3721.031, 3721.04, 3721.50, 3721.51, 3721.561, 3721.58,	135787
3721.99, 3722.01, 3722.011, 3722.02, 3722.021, 3722.022, 3722.03,	135788
3722.04, 3722.041, 3722.05, 3722.06, 3722.07, 3722.08, 3722.09,	135789
3722.10, 3722.11, 3722.12, 3722.13, 3722.14, 3722.15, 3722.151,	135790
3722.16, 3722.17, 3722.18, 3729.01, 3733.02, 3733.021, 3733.022,	135791
3733.024, 3733.025, 3733.03, 3733.04, 3733.05, 3733.06, 3733.08,	135792
3733.09, 3733.091, 3733.10, 3733.101, 3733.11, 3733.12, 3733.121,	135793
3733.122, 3733.123, 3733.13, 3733.14, 3733.15, 3733.16, 3733.17,	135794
3733.18, 3733.19, 3733.20, 3733.21, 3733.41, 3733.49, 3734.02,	135795
3734.05, 3734.06, 3734.18, 3734.19, 3734.20, 3734.21, 3734.22,	135796
3734.23, 3734.24, 3734.25, 3734.26, 3734.27, 3734.28, 3734.282,	135797
3734.57, 3734.85, 3734.901, 3735.36, 3735.66, 3737.73, 3737.83,	135798
3737.841, 3737.87, 3737.88, 3743.06, 3743.19, 3743.52, 3743.53,	135799
3743.54, 3743.64, 3745.015, 3745.11, 3746.02, 3750.081, 3767.32,	135800
3769.08, 3769.20, 3769.26, 3770.05, 3772.032, 3772.062, 3781.06,	135801
3781.183, 3791.043, 3793.04, 3793.06, 3793.21, 3901.3814, 3903.01,	135802
3923.28, 3923.281, 3923.30, 3924.10, 3937.41, 3963.01, 3963.11,	135803
4113.11, 4113.61, 4115.03, 4115.033, 4115.034, 4115.04, 4115.05,	135804
4115.10, 4115.101, 4115.13, 4115.16, 4116.01, 4117.01, 4117.03,	135805
4121.03, 4121.12, 4121.121, 4121.125, 4121.128, 4121.44, 4123.27,	135806
4123.341, 4123.342, 4123.35, 4131.03, 4141.031, 4141.08, 4141.11,	135807
4141.33, 4301.01, 4301.12, 4301.17, 4301.43, 4301.62, 4301.80,	135808
4301.81, 4303.02, 4503.03, 4503.06, 4503.061, 4503.062, 4503.235,	135809
4503.70, 4503.93, 4504.02, 4504.021, 4504.15, 4504.16, 4504.18,	135810
4505.181, 4506.071, 4507.111, 4507.164, 4507.1612, 4507.45,	135811
4509.101, 4509.81, 4510.10, 4510.22, 4510.72, 4511.191, 4511.193,	135812
4513.39, 4513.60, 4513.61, 4513.62, 4513.63, 4513.64, 4513.66,	135813
4517.01, 4517.02, 4517.04, 4517.09, 4517.10, 4517.12, 4517.13,	135814
4517.14, 4517.23, 4517.24, 4517.44, 4549.17, 4561.21, 4582.12,	135815
4582.31, 4585.10, 4705.021, 4725.34, 4725.48, 4725.50, 4725.52,	135816
4725.57, 4729.52, 4731.65, 4731.71, 4733.15, 4733.151, 4735.01,	135817
4735.02, 4735.03, 4735.05, 4735.052, 4735.06, 4735.07, 4735.09,	135818
4735.10, 4735.13, 4735.14, 4735.141, 4735.142, 4735.15, 4735.16,	135819
4735.17, 4735.18, 4735.181, 4735.182, 4735.19, 4735.20, 4735.21,	135820
4735.211, 4735.32, 4735.55, 4735.58, 4735.59, 4735.62, 4735.68,	135821
4735.71, 4735.74, 4736.12, 4740.14, 4743.05, 4757.31, 4776.01,	135822
4781.01, 4781.02, 4781.04, 4781.07, 4781.09, 4781.14, 4781.15,	135823
4781.99, 4905.90, 4906.01, 4911.02, 4927.17, 4928.01, 4928.20,	135824
4929.26, 4929.27, 4931.40, 4931.51, 4931.52, 4931.53, 5101.16,	135825
5101.181, 5101.182, 5101.183, 5101.244, 5101.26, 5101.27,	135826
5101.271, 5101.272, 5101.28, 5101.30, 5101.342, 5101.35, 5101.37,	135827
5101.46, 5101.47, 5101.50, 5101.5110, 5101.571, 5101.573, 5101.58,	135828
5101.60, 5101.61, 5101.98, 5104.01, 5104.011, 5104.012, 5104.013,	135829
5104.03, 5104.04, 5104.05, 5104.13, 5104.30, 5104.32, 5104.34,	135830
5104.341, 5104.35, 5104.37, 5104.38, 5104.39, 5104.42, 5104.43,	135831
5104.99, 5111.012, 5111.013, 5111.0112, 5111.021, 5111.023,	135832
5111.025, 5111.031, 5111.06, 5111.113, 5111.13, 5111.14, 5111.151,	135833
5111.16, 5111.17, 5111.172, 5111.20, 5111.21, 5111.211, 5111.22,	135834
5111.221, 5111.222, 5111.23, 5111.231, 5111.232, 5111.235,	135835
5111.24, 5111.241, 5111.244, 5111.25, 5111.251, 5111.254,	135836
5111.255, 5111.258, 5111.261, 5111.262, 5111.27, 5111.28, 5111.29,	135837
5111.291, 5111.33, 5111.35, 5111.52, 5111.65, 5111.66, 5111.67,	135838
5111.671, 5111.672, 5111.68, 5111.681, 5111.687, 5111.689,	135839
5111.85, 5111.871, 5111.872, 5111.873, 5111.874, 5111.877,	135840
5111.88, 5111.89, 5111.891, 5111.892, 5111.894, 5111.911,	135841
5111.912, 5111.913, 5111.94, 5111.941, 5111.97, 5112.30, 5112.31,	135842
5112.37, 5112.371, 5112.39, 5112.40, 5112.41, 5112.46, 5112.99,	135843
5119.01, 5119.02, 5119.06, 5119.16, 5119.18, 5119.22, 5119.61,	135844
5119.611, 5119.612, 5119.613, 5119.62, 5119.621, 5119.99,	135845
5120.105, 5120.135, 5120.17, 5120.22, 5120.28, 5120.29, 5122.01,	135846
5122.15, 5122.21, 5122.31, 5123.01, 5123.0412, 5123.0413,	135847
5123.0417, 5123.051, 5123.171, 5123.18, 5123.19, 5123.191,	135848
5123.194, 5123.352, 5123.45, 5123.60, 5126.01, 5126.029, 5126.04,	135849
5126.042, 5126.05, 5126.054, 5126.0510, 5126.0511, 5126.0512,	135850
5126.08, 5126.11, 5126.12, 5126.24, 5126.41, 5126.42, 5139.11,	135851
5139.43, 5310.35, 5321.01, 5501.44, 5501.73, 5502.52, 5502.522,	135852
5502.61, 5502.68, 5505.04, 5505.22, 5525.04, 5540.03, 5540.031,	135853
5540.05, 5543.10, 5549.21, 5552.06, 5553.05, 5553.19, 5553.23,	135854
5553.42, 5555.07, 5555.27, 5555.42, 5559.06, 5559.10, 5559.12,	135855
5561.04, 5561.08, 5571.011, 5573.02, 5573.10, 5575.01, 5575.02,	135856
5577.042, 5577.043, 5591.15, 5593.08, 5701.13, 5703.05, 5703.37,	135857
5703.58, 5705.01, 5705.14, 5705.16, 5705.19, 5705.191, 5705.194,	135858
5705.196, 5705.21, 5705.211, 5705.214, 5705.218, 5705.25,	135859
5705.251, 5705.261, 5705.29, 5705.314, 5705.392, 5705.412,	135860
5705.71, 5707.031, 5709.07, 5709.40, 5709.41, 5709.42, 5709.62,	135861
5709.63, 5709.632, 5709.73, 5709.78, 5713.01, 5715.17, 5715.23,	135862
5715.26, 5719.04, 5721.01, 5721.03, 5721.04, 5721.18, 5721.19,	135863
5721.30, 5721.31, 5721.32, 5721.37, 5721.38, 5721.42, 5722.13,	135864
5723.05, 5723.18, 5725.151, 5725.24, 5725.98, 5727.57, 5727.75,	135865
5727.84, 5727.85, 5727.86, 5729.98, 5731.02, 5731.19, 5731.21,	135866
5731.39, 5733.0610, 5733.23, 5733.351, 5739.01, 5739.02, 5739.021,	135867
5739.022, 5739.026, 5739.07, 5739.101, 5739.19, 5739.30, 5747.01,	135868
5747.058, 5747.113, 5747.451, 5747.46, 5747.51, 5747.53, 5748.01,	135869
5748.02, 5748.021, 5748.04, 5748.05, 5748.08, 5748.081, 5751.01,	135870
5751.011, 5751.20, 5751.21, 5751.22, 5751.23, 5751.50, 5753.01,	135871
6101.16, 6103.04, 6103.05, 6103.06, 6103.081, 6103.31, 6105.131,	135872
6109.21, 6111.038, 6111.044, 6111.46, 6115.01, 6115.20, 6117.05,	135873
6117.06, 6117.07, 6117.251, 6117.49, 6119.10, 6119.18, 6119.22,	135874
6119.25, and 6119.58 of the Revised Code are hereby repealed.	135875

Section 105.01. That sections 7.14, 122.0818, 122.452,	135876
126.04, 126.501, 126.502, 126.507, 165.031, 181.21, 181.22,	135877
181.23, 181.24, 181.25, 181.26, 340.08, 701.04, 1501.031,	135878
1551.13, 3123.52, 3123.61, 3123.612, 3123.613, 3123.614,	135879
3301.82, 3306.01, 3306.011, 3306.012, 3306.02, 3306.03,	135880
3306.04, 3306.05, 3306.051, 3306.052, 3306.06, 3306.07,	135881
3306.08, 3306.09, 3306.091, 3306.10, 3306.11, 3306.13,	135882
3306.19, 3306.191, 3306.192, 3306.21, 3306.22, 3306.29,	135883
3306.291, 3306.292, 3306.51, 3306.52, 3306.53, 3306.54, 3306.55,	135884
3306.56, 3306.57, 3306.58, 3306.59, 3311.059, 3314.013,	135885
3314.014, 3314.016, 3314.017, 3314.082, 3314.085, 3314.11,	135886
3314.111, 3317.011, 3317.016, 3317.017, 3317.0216, 3317.04,	135887
3317.17, 3319.62, 3329.16, 3335.45, 3349.242, 3706.042,	135888
3721.56, 3722.99, 3733.01, 3733.031, 3733.07, 3733.22, 3733.23,	135889
3733.24, 3733.25, 3733.26, 3733.27, 3733.28, 3733.29, 3733.30,	135890
3733.42, 3733.43, 3733.431, 3733.44, 3733.45, 3733.46, 3733.47,	135891
3733.471, 3733.48, 3733.99, 3923.90, 3923.91, 4115.032, 4121.75,	135892
4121.76, 4121.77, 4121.78, 4121.79, 4582.37, 4981.23, 5101.5211,	135893
5101.5212, 5101.5213, 5101.5214, 5101.5215, 5101.5216,	135894
5111.243, 5111.34, 5111.861, 5111.893, 5111.971, 5122.36,	135895
5123.172, 5123.181, 5123.193, 5123.211, 5126.18, 5126.19, and	135896
5747.52 of the Revised Code are hereby repealed.	135897

Section 105.10. That sections 126.60, 126.601, 126.602,	135898
126.603, 126.604, and 126.605 of the Revised Code, as enacted by	135899
this act, are hereby repealed, effective June 30, 2013.	135900

Section 120.20. That sections 3721.16, 5111.709, 5119.221,	135901
5122.01, 5122.02, 5122.27, 5122.271, 5122.29, 5122.31, 5122.32,	135902
5123.092, 5123.19, 5123.191, 5123.35, 5123.60, 5123.61, 5123.63,	135903
5123.64, 5123.69, 5123.701, 5123.86, 5123.99, and 5126.33 be	135904
amended; that section 5123.60 (5123.601) be amended for the	135905
purpose of adopting a new section number as indicated in	135906
parentheses; and that new sections 5123.60 and 5123.602 of the	135907
Revised Code be enacted to read as follows:	135908

Sec. 3721.16. For each resident of a home, notice of a	135909
proposed transfer or discharge shall be in accordance with this	135910
section.	135911

(A)(1) The administrator of a home shall notify a resident in	135912
writing, and the resident's sponsor in writing by certified mail,	135913
return receipt requested, in advance of any proposed transfer or	135914
discharge from the home. The administrator shall send a copy of	135915
the notice to the state department of health. The notice shall be	135916
provided at least thirty days in advance of the proposed transfer	135917
or discharge, unless any of the following applies:	135918

(a) The resident's health has improved sufficiently to allow	135919
a more immediate discharge or transfer to a less skilled level of	135920
care;	135921

(b) The resident has resided in the home less than thirty	135922
days;	135923

(c) An emergency arises in which the safety of individuals in	135924
the home is endangered;	135925

(d) An emergency arises in which the health of individuals in	135926
the home would otherwise be endangered;	135927

(e) An emergency arises in which the resident's urgent	135928
medical needs necessitate a more immediate transfer or discharge.	135929

In any of the circumstances described in divisions (A)(1)(a)	135930
to (e) of this section, the notice shall be provided as many days	135931
in advance of the proposed transfer or discharge as is	135932
practicable.	135933

(2) The notice required under division (A)(1) of this section	135934
shall include all of the following:	135935

(a) The reasons for the proposed transfer or discharge;

135936

(b) The proposed date the resident is to be transferred or	135937
discharged;	135938

(c) The proposed location to which the resident is to be	135939
transferred or discharged;	135940

(d) Notice of the right of the resident and the resident's	135941
sponsor to an impartial hearing at the home on the proposed	135942
transfer or discharge, and of the manner in which and the time	135943
within which the resident or sponsor may request a hearing	135944
pursuant to section 3721.161 of the Revised Code;	135945

(e) A statement that the resident will not be transferred or	135946
discharged before the date specified in the notice unless the home	135947
and the resident or, if the resident is not competent to make a	135948
decision, the home and the resident's sponsor, agree to an earlier	135949
date;	135950

(f) The address of the legal services office of the	135951
department of health;	135952

(g) The name, address, and telephone number of a	135953
representative of the state long-term care ombudsperson program	135954
and, if the resident or patient has a developmental disability or	135955
mental illness, the name, address, and telephone number of the	135956
Ohio ~~legal rights service~~protection and advocacy system.	135957

(B) No home shall transfer or discharge a resident before the	135958
date specified in the notice required by division (A) of this	135959
section unless the home and the resident or, if the resident is	135960
not competent to make a decision, the home and the resident's	135961
sponsor, agree to an earlier date.	135962

(C) Transfer or discharge actions shall be documented in the	135963
resident's medical record by the home if there is a medical basis	135964
for the action.	135965

(D) A resident or resident's sponsor may challenge a transfer	135966
or discharge by requesting an impartial hearing pursuant to	135967
section 3721.161 of the Revised Code, unless the transfer or	135968
discharge is required because of one of the following reasons:	135969

(1) The home's license has been revoked under this chapter;

135970

(2) The home is being closed pursuant to section 3721.08,	135971
sections 5111.35 to 5111.62, or section 5155.31 of the Revised	135972
Code;	135973

(3) The resident is a recipient of medicaid and the home's	135974
participation in the medicaid program has been involuntarily	135975
terminated or denied by the federal government;	135976

(4) The resident is a beneficiary under the medicare program	135977
and the home's certification under the medicare program has been	135978
involuntarily terminated or denied by the federal government.	135979

(E) If a resident is transferred or discharged pursuant to	135980
this section, the home from which the resident is being	135981
transferred or discharged shall provide the resident with adequate	135982
preparation prior to the transfer or discharge to ensure a safe	135983
and orderly transfer or discharge from the home, and the home or	135984
alternative setting to which the resident is to be transferred or	135985
discharged shall have accepted the resident for transfer or	135986
discharge.	135987

(F) At the time of a transfer or discharge of a resident who	135988
is a recipient of medicaid from a home to a hospital or for	135989
therapeutic leave, the home shall provide notice in writing to the	135990
resident and in writing by certified mail, return receipt	135991
requested, to the resident's sponsor, specifying the number of	135992
days, if any, during which the resident will be permitted under	135993
the medicaid program to return and resume residence in the home	135994
and specifying the medicaid program's coverage of the days during	135995
which the resident is absent from the home. An individual who is	135996
absent from a home for more than the number of days specified in	135997
the notice and continues to require the services provided by the	135998
facility shall be given priority for the first available bed in a	135999
semi-private room.	136000

Sec. 5111.709. (A) There is hereby created the medicaid	136001
buy-in advisory council. The council shall consist of all of the	136002
following:	136003

(1) The following voting members:

136004

(a) The executive director of assistive technology of Ohio or	136005
the executive director's designee;	136006

(b) The director of the axis center for public awareness of	136007
people with disabilities or the director's designee;	136008

(c) The executive director of the cerebral palsy association	136009
of Ohio or the executive director's designee;	136010

(d) The chief executive officer of Ohio advocates for mental	136011
health or the chief executive officer's designee;	136012

(e) The state director of the Ohio chapter of AARP or the	136013
state director's designee;	136014

(f) The director of the Ohio developmental disabilities	136015
council created under section 5123.35 of the Revised Code or the	136016
director's designee;	136017

(g) The executive director of the governor's council on	136018
people with disabilities created under section 3303.41 of the	136019
Revised Code or the executive director's designee;	136020

(h) ~~The administrator of the legal rights service created~~	136021
~~under section 5123.60 of the Revised Code or the administrator's~~	136022
~~designee;~~	136023

~~(i)~~ The chairperson of the Ohio Olmstead task force or the	136024
chairperson's designee;	136025

~~(j)~~(i) The executive director of the Ohio statewide	136026
independent living council or the executive director's designee;	136027

~~(k)~~(j) The president of the Ohio chapter of the national	136028
multiple sclerosis society or the president's designee;	136029

~~(l)~~(k) The executive director of the arc of Ohio or the	136030
executive director's designee;	136031

~~(m)~~(l) The executive director of the commission on minority	136032
health or the executive director's designee;	136033

~~(n)~~(m) The executive director of the brain injury association	136034
of Ohio or the executive director's designee;	136035

~~(o)~~(n) The executive officer of any other advocacy	136036
organization who volunteers to serve on the council, or such an	136037
executive officer's designee, if the other voting members, at a	136038
meeting called by the chairperson elected under division (C) of	136039
this section, determine it is appropriate for the advocacy	136040
organization to be represented on the council;	136041

~~(p)~~(o) One or more participants who volunteer to serve on the	136042
council and are selected by the other voting members at a meeting	136043
the chairperson calls after the medicaid buy-in for workers with	136044
disabilities program is implemented.	136045

(2) The following non-voting members:

136046

(a) The director of job and family services or the director's	136047
designee;	136048

(b) The administrator of the rehabilitation services	136049
commission or the administrator's designee;	136050

(c) The director of alcohol and drug addiction services or	136051
the director's designee;	136052

(d) The director of developmental disabilities or the	136053
director's designee;	136054

(e) The director of mental health or the director's designee;

136055

(f) The executive officer of any other government entity, or	136056
the executive officer's designee, if the voting members, at a	136057
meeting called by the chairperson, determine it is appropriate for	136058
the government entity to be represented on the council.	136059

(B) All members of the medicaid buy-in advisory council shall	136060
serve without compensation or reimbursement, except as serving on	136061
the council is considered part of their usual job duties.	136062

(C) The voting members of the medicaid buy-in advisory	136063
council shall elect one of the members of the council to serve as	136064
the council's chairperson for a two-year term. The chairperson may	136065
be re-elected to successive terms.	136066

(D) The department of job and family services shall provide	136067
the Ohio medicaid buy-in advisory council with accommodations for	136068
the council to hold its meetings and shall provide the council	136069
with other administrative assistance the council needs to perform	136070
its duties.	136071

Sec. 5119.221. (A) Upon petition by the director of mental	136072
health, the court of common pleas or the probate court may appoint	136073
a receiver to take possession of and operate a residential	136074
facility licensed pursuant to section 5119.22 of the Revised Code,	136075
when conditions existing at the residential facility present a	136076
substantial risk of physical or mental harm to residents and no	136077
other remedies at law are adequate to protect the health, safety,	136078
and welfare of the residents.	136079

Petitions filed pursuant to this section shall include:

136080

(1) A description of the specific conditions existing at the	136081
residential facility which present a substantial risk of physical	136082
or mental harm to residents;	136083

(2) A statement of the absence of other adequate remedies at	136084
law;	136085

(3) The number of individuals residing at the facility;

136086

(4) A statement that the facts have been brought to the	136087
attention of the owner or licensee and that conditions have not	136088
been remedied within a reasonable period of time or that the	136089
conditions, though remedied periodically, habitually exist at the	136090
residential facility as a pattern or practice; and	136091

(5) The name and address of the person holding the license	136092
for the residential facility.	136093

(B) A court in which a petition is filed pursuant to this	136094
section shall notify the person holding the license for the	136095
facility of the filing. The department shall send notice of the	136096
filing to the following, as appropriate: the ~~legal rights service~~	136097
~~created pursuant to~~Ohio protection and advocacy system as defined	136098
in section 5123.60 of the Revised Code; facility owner; facility	136099
operator; board of alcohol, drug addiction, and mental health	136100
services; board of health; department of developmental	136101
disabilities; department of job and family services; facility	136102
residents; and residents' families and guardians. The court shall	136103
provide a hearing on the petition within five court days of the	136104
time it was filed, except that the court may appoint a receiver	136105
prior to that time if it determines that the circumstances	136106
necessitate such action.	136107

Following a hearing on the petition, and upon a determination	136108
that the appointment of a receiver is warranted, the court shall	136109
appoint a receiver and notify the department of mental health and	136110
appropriate persons of this action.	136111

In setting forth the powers of the receiver, the court may	136112
generally authorize the receiver to do all that is prudent and	136113
necessary to safely and efficiently operate the residential	136114
facility within the requirements of state and federal law, but	136115
shall require the receiver to obtain court approval prior to	136116
making any single expenditure of more than five thousand dollars	136117
to correct deficiencies in the structure or furnishings of a	136118
facility. The court shall closely review the conduct of the	136119
receiver and shall require regular and detailed reports.	136120

(C) A receivership established pursuant to this section shall	136121
be terminated, following notification of the appropriate parties	136122
and a hearing, if the court determines either of the following:	136123

(1) The residential facility has been closed and the former	136124
residents have been relocated to an appropriate facility;	136125

(2) Circumstances no longer exist at the residential facility	136126
which present a substantial risk of physical or mental harm to	136127
residents, and there is no deficiency in the residential facility	136128
that is likely to create a future risk of harm.	136129

Notwithstanding division (C)(2) of this section, the court	136130
shall not terminate a receivership for a residential facility that	136131
has previously operated under another receivership unless the	136132
responsibility for the operation of the facility is transferred to	136133
an operator approved by the court and the department of mental	136134
health.	136135

(D) Except for the department of mental health or appropriate	136136
board of alcohol, drug addiction, and mental health services, no	136137
party or person interested in an action shall be appointed a	136138
receiver pursuant to this section.	136139

To assist the court in identifying persons qualified to be	136140
named as receivers, the director of the department of mental	136141
health shall maintain a list of the names of such persons. The	136142
department of mental health, the department of job and family	136143
services, and the department of health shall provide technical	136144
assistance to any receiver appointed pursuant to this section.	136145

Before entering upon the duties of receiver, the receiver	136146
must be sworn to perform the duties faithfully, and, with surety	136147
approved by the court, judge, or clerk, execute a bond to such	136148
person, and in such sum as the court or judge directs, to the	136149
effect that such receiver will faithfully discharge the duties of	136150
receiver in the action, and obey the orders of the court therein.	136151

(1) Under the control of the appointing court, a receiver may	136152
do the following:	136153

(a) Bring and defend actions in the appointee's name as	136154
receiver;	136155

(b) Take and keep possession of property.

136156

(2) The court shall authorize the receiver to do the	136157
following:	136158

(a) Collect payment for all goods and services provided to	136159
the residents or others during the period of the receivership at	136160
the same rate as was charged by the licensee at the time the	136161
petition for receivership was filed, unless a different rate is	136162
set by the court;	136163

(b) Honor all leases, mortgages, and secured transactions	136164
governing all buildings, goods, and fixtures of which the receiver	136165
has taken possession, but, in the case of a rental agreement only	136166
to the extent of payments that are for the use of the property	136167
during the period of the receivership, or, in the case of a	136168
purchase agreement, only to the extent that payments come due	136169
during the period of the receivership;	136170

(c) If transfer of residents is necessary, provide for the	136171
orderly transfer of residents by:	136172

(i) Cooperating with all appropriate state and local agencies	136173
in carrying out the transfer of residents to alternative community	136174
placements;	136175

(ii) Providing for the transportation of residents'	136176
belongings and records;	136177

(iii) Helping to locate alternative placements and develop	136178
plans for transfer;	136179

(iv) Encouraging residents or guardians to participate in	136180
transfer planning except when an emergency exists and immediate	136181
transfer is necessary.	136182

(d) Make periodic reports on the status of the residential	136183
facility to the court; the appropriate state agencies; and the	136184
board of alcohol, drug addiction, and mental health services. Each	136185
report shall be made available to residents, their guardians, and	136186
families.	136187

(e) Compromise demands or claims; and

136188

(f) Generally do such acts respecting the residential	136189
facility as the court authorizes.	136190

Notwithstanding any other provision of law, contracts which	136191
are necessary to carry out the powers and duties of the receiver	136192
need not be competitively bid.	136193

Sec. 5122.01. As used in this chapter and Chapter 5119. of	136194
the Revised Code:	136195

(A) "Mental illness" means a substantial disorder of thought,	136196
mood, perception, orientation, or memory that grossly impairs	136197
judgment, behavior, capacity to recognize reality, or ability to	136198
meet the ordinary demands of life.	136199

(B) "Mentally ill person subject to hospitalization by court	136200
order" means a mentally ill person who, because of the person's	136201
illness:	136202

(1) Represents a substantial risk of physical harm to self as	136203
manifested by evidence of threats of, or attempts at, suicide or	136204
serious self-inflicted bodily harm;	136205

(2) Represents a substantial risk of physical harm to others	136206
as manifested by evidence of recent homicidal or other violent	136207
behavior, evidence of recent threats that place another in	136208
reasonable fear of violent behavior and serious physical harm, or	136209
other evidence of present dangerousness;	136210

(3) Represents a substantial and immediate risk of serious	136211
physical impairment or injury to self as manifested by evidence	136212
that the person is unable to provide for and is not providing for	136213
the person's basic physical needs because of the person's mental	136214
illness and that appropriate provision for those needs cannot be	136215
made immediately available in the community; or	136216

(4) Would benefit from treatment in a hospital for the	136217
person's mental illness and is in need of such treatment as	136218
manifested by evidence of behavior that creates a grave and	136219
imminent risk to substantial rights of others or the person.	136220

(C)(1) "Patient" means, subject to division (C)(2) of this	136221
section, a person who is admitted either voluntarily or	136222
involuntarily to a hospital or other place under section 2945.39,	136223
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	136224
finding of not guilty by reason of insanity or incompetence to	136225
stand trial or under this chapter, who is under observation or	136226
receiving treatment in such place.	136227

(2) "Patient" does not include a person admitted to a	136228
hospital or other place under section 2945.39, 2945.40, 2945.401,	136229
or 2945.402 of the Revised Code to the extent that the reference	136230
in this chapter to patient, or the context in which the reference	136231
occurs, is in conflict with any provision of sections 2945.37 to	136232
2945.402 of the Revised Code.	136233

(D) "Licensed physician" means a person licensed under the	136234
laws of this state to practice medicine or a medical officer of	136235
the government of the United States while in this state in the	136236
performance of the person's official duties.	136237

(E) "Psychiatrist" means a licensed physician who has	136238
satisfactorily completed a residency training program in	136239
psychiatry, as approved by the residency review committee of the	136240
American medical association, the committee on post-graduate	136241
education of the American osteopathic association, or the American	136242
osteopathic board of neurology and psychiatry, or who on July 1,	136243
1989, has been recognized as a psychiatrist by the Ohio state	136244
medical association or the Ohio osteopathic association on the	136245
basis of formal training and five or more years of medical	136246
practice limited to psychiatry.	136247

(F) "Hospital" means a hospital or inpatient unit licensed by	136248
the department of mental health under section 5119.20 of the	136249
Revised Code, and any institution, hospital, or other place	136250
established, controlled, or supervised by the department under	136251
Chapter 5119. of the Revised Code.	136252

(G) "Public hospital" means a facility that is tax-supported	136253
and under the jurisdiction of the department of mental health.	136254

(H) "Community mental health agency" means an agency that	136255
provides community mental health services that are certified by	136256
the director of mental health under section 5119.611 of the	136257
Revised Code.	136258

(I) "Licensed clinical psychologist" means a person who holds	136259
a current valid psychologist license issued under section 4732.12	136260
or 4732.15 of the Revised Code, and in addition, meets either of	136261
the following criteria:	136262

(1) Meets the educational requirements set forth in division	136263
(B) of section 4732.10 of the Revised Code and has a minimum of	136264
two years' full-time professional experience, or the equivalent as	136265
determined by rule of the state board of psychology, at least one	136266
year of which shall be a predoctoral internship, in clinical	136267
psychological work in a public or private hospital or clinic or in	136268
private practice, diagnosing and treating problems of mental	136269
illness or mental retardation under the supervision of a	136270
psychologist who is licensed or who holds a diploma issued by the	136271
American board of professional psychology, or whose qualifications	136272
are substantially similar to those required for licensure by the	136273
state board of psychology when the supervision has occurred prior	136274
to enactment of laws governing the practice of psychology;	136275

(2) Meets the educational requirements set forth in division	136276
(B) of section 4732.15 of the Revised Code and has a minimum of	136277
four years' full-time professional experience, or the equivalent	136278
as determined by rule of the state board of psychology, in	136279
clinical psychological work in a public or private hospital or	136280
clinic or in private practice, diagnosing and treating problems of	136281
mental illness or mental retardation under supervision, as set	136282
forth in division (I)(1) of this section.	136283

(J) "Health officer" means any public health physician;	136284
public health nurse; or other person authorized by or designated	136285
by a city health district; a general health district; or a board	136286
of alcohol, drug addiction, and mental health services to perform	136287
the duties of a health officer under this chapter.	136288

(K) "Chief clinical officer" means the medical director of a	136289
hospital, or a community mental health agency, or a board of	136290
alcohol, drug addiction, and mental health services, or, if there	136291
is no medical director, the licensed physician responsible for the	136292
treatment a hospital or community mental health agency provides.	136293
The chief clinical officer may delegate to the attending physician	136294
responsible for a patient's care the duties imposed on the chief	136295
clinical officer by this chapter. Within a community mental health	136296
agency, the chief clinical officer shall be designated by the	136297
governing body of the agency and shall be a licensed physician or	136298
licensed clinical psychologist who supervises diagnostic and	136299
treatment services. A licensed physician or licensed clinical	136300
psychologist designated by the chief clinical officer may perform	136301
the duties and accept the responsibilities of the chief clinical	136302
officer in the chief clinical officer's absence.	136303

(L) "Working day" or "court day" means Monday, Tuesday,	136304
Wednesday, Thursday, and Friday, except when such day is a	136305
holiday.	136306

(M) "Indigent" means unable without deprivation of	136307
satisfaction of basic needs to provide for the payment of an	136308
attorney and other necessary expenses of legal representation,	136309
including expert testimony.	136310

(N) "Respondent" means the person whose detention,	136311
commitment, hospitalization, continued hospitalization or	136312
commitment, or discharge is being sought in any proceeding under	136313
this chapter.	136314

(O) ~~"Legal rights service" means the service established~~	136315
~~under~~"Ohio protection and advocacy system" has the same meaning	136316
as in section 5123.60 of the Revised Code.	136317

(P) "Independent expert evaluation" means an evaluation	136318
conducted by a licensed clinical psychologist, psychiatrist, or	136319
licensed physician who has been selected by the respondent or the	136320
respondent's counsel and who consents to conducting the	136321
evaluation.	136322

(Q) "Court" means the probate division of the court of common	136323
pleas.	136324

(R) "Expunge" means:

136325

(1) The removal and destruction of court files and records,	136326
originals and copies, and the deletion of all index references;	136327

(2) The reporting to the person of the nature and extent of	136328
any information about the person transmitted to any other person	136329
by the court;	136330

(3) Otherwise insuring that any examination of court files	136331
and records in question shall show no record whatever with respect	136332
to the person;	136333

(4) That all rights and privileges are restored, and that the	136334
person, the court, and any other person may properly reply that no	136335
such record exists, as to any matter expunged.	136336

(S) "Residence" means a person's physical presence in a	136337
county with intent to remain there, except that:	136338

(1) If a person is receiving a mental health service at a	136339
facility that includes nighttime sleeping accommodations,	136340
residence means that county in which the person maintained the	136341
person's primary place of residence at the time the person entered	136342
the facility;	136343

(2) If a person is committed pursuant to section 2945.38,	136344
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	136345
residence means the county where the criminal charges were filed.	136346

When the residence of a person is disputed, the matter of	136347
residence shall be referred to the department of mental health for	136348
investigation and determination. Residence shall not be a basis	136349
for a board's denying services to any person present in the	136350
board's service district, and the board shall provide services for	136351
a person whose residence is in dispute while residence is being	136352
determined and for a person in an emergency situation.	136353

(T) "Admission" to a hospital or other place means that a	136354
patient is accepted for and stays at least one night at the	136355
hospital or other place.	136356

(U) "Prosecutor" means the prosecuting attorney, village	136357
solicitor, city director of law, or similar chief legal officer	136358
who prosecuted a criminal case in which a person was found not	136359
guilty by reason of insanity, who would have had the authority to	136360
prosecute a criminal case against a person if the person had not	136361
been found incompetent to stand trial, or who prosecuted a case in	136362
which a person was found guilty.	136363

(V) "Treatment plan" means a written statement of reasonable	136364
objectives and goals for an individual established by the	136365
treatment team, with specific criteria to evaluate progress	136366
towards achieving those objectives. The active participation of	136367
the patient in establishing the objectives and goals shall be	136368
documented. The treatment plan shall be based on patient needs and	136369
include services to be provided to the patient while the patient	136370
is hospitalized and after the patient is discharged. The treatment	136371
plan shall address services to be provided upon discharge,	136372
including but not limited to housing, financial, and vocational	136373
services.	136374

(W) "Community control sanction" has the same meaning as in	136375
section 2929.01 of the Revised Code.	136376

(X) "Post-release control sanction" has the same meaning as	136377
in section 2967.01 of the Revised Code.	136378

Sec. 5122.02. (A) Except as provided in division (D) of this	136379
section, any person who is eighteen years of age or older and who	136380
is, appears to be, or believes self to be mentally ill may make	136381
written application for voluntary admission to the chief medical	136382
officer of a hospital.	136383

(B) Except as provided in division (D) of this section, the	136384
application also may be made on behalf of a minor by a parent, a	136385
guardian of the person, or the person with custody of the minor,	136386
and on behalf of an adult incompetent person by the guardian or	136387
the person with custody of the incompetent person.	136388

Any person whose admission is applied for under division (A)	136389
or (B) of this section may be admitted for observation, diagnosis,	136390
care, or treatment, in any hospital unless the chief clinical	136391
officer finds that hospitalization is inappropriate, and except	136392
that, in the case of a public hospital, no person shall be	136393
admitted without the authorization of the board of the person's	136394
county of residence.	136395

(C) If a minor or person adjudicated incompetent due to	136396
mental illness whose voluntary admission is applied for under	136397
division (B) of this section is admitted, the court shall	136398
determine, upon petition by ~~the legal rights service,~~ private or	136399
otherwise appointed counsel, a relative, or one acting as next	136400
friend, whether the admission or continued hospitalization is in	136401
the best interest of the minor or incompetent.	136402

The chief clinical officer shall discharge any voluntary	136403
patient who has recovered or whose hospitalization the officer	136404
determines to be no longer advisable and may discharge any	136405
voluntary patient who refuses to accept treatment consistent with	136406
the written treatment plan required by section 5122.27 of the	136407
Revised Code.	136408

(D) A person who is found incompetent to stand trial or not	136409
guilty by reason of insanity and who is committed pursuant to	136410
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	136411
Code shall not voluntarily admit ~~himself or herself~~the person or	136412
be voluntarily admitted to a hospital pursuant to this section	136413
until after the final termination of the commitment, as described	136414
in division (J) of section 2945.401 of the Revised Code.	136415

Sec. 5122.27. The chief clinical officer of the hospital or	136416
~~his~~the chief clinical officer's designee shall assure that all	136417
patients hospitalized or committed pursuant to this chapter shall:	136418

(A) Receive, within twenty days of their admission sufficient	136419
professional care to assure that an evaluation of current status,	136420
differential diagnosis, probable prognosis, and description of the	136421
current treatment plan is stated on the official chart;	136422

(B) Have a written treatment plan consistent with the	136423
evaluation, diagnosis, prognosis, and goals which shall be	136424
provided, upon request of the patient or patient's counsel, to the	136425
patient's counsel and to any private physician or licensed	136426
clinical psychologist designated by the patient or ~~his~~the	136427
patient's counsel or to the ~~legal rights service~~Ohio protection	136428
and advocacy system;	136429

(C) Receive treatment consistent with the treatment plan. The	136430
department of mental health shall set standards for treatment	136431
provided to such patients, consistent wherever possible with	136432
standards set by the joint commission on accreditation of	136433
healthcare organizations.	136434

(D) Receive periodic reevaluations of the treatment plan by	136435
the professional staff at intervals not to exceed ninety days;	136436

(E) Be provided with adequate medical treatment for physical	136437
disease or injury;	136438

(F) Receive humane care and treatment, including without	136439
limitation, the following:	136440

(1) The least restrictive environment consistent with the	136441
treatment plan;	136442

(2) The necessary facilities and personnel required by the	136443
treatment plan;	136444

(3) A humane psychological and physical environment;

136445

(4) The right to obtain current information concerning ~~his~~	136446
the patient's treatment program and expectations in terms that he	136447
the patient can reasonably understand;	136448

(5) Participation in programs designed to afford ~~him~~the	136449
patient substantial opportunity to acquire skills to facilitate	136450
~~his~~ return to the community or to terminate an involuntary	136451
commitment;	136452

(6) The right to be free from unnecessary or excessive	136453
medication;	136454

(7) Freedom from restraints or isolation unless it is stated	136455
in a written order by the chief clinical officer or ~~his~~the chief	136456
clinical officer's designee, or the patient's individual physician	136457
or psychologist in a private or general hospital.	136458

~~(G) Be notified of their rights under the law within~~	136459
~~twenty-four hours of admission, according to rules established by~~	136460
~~the legal rights service.~~	136461

If the chief clinical officer of the hospital is unable to	136462
provide the treatment required by divisions (C), (E), and (F) of	136463
this section for any patient hospitalized pursuant to Chapter	136464
5122. of the Revised Code, hethe chief clinical officer shall	136465
immediately notify the patient, the court, the ~~legal rights~~	136466
~~service~~Ohio protection and advocacy system, the director of	136467
mental health, and the patient's counsel and legal guardian, if	136468
known. If within ten days after receipt of such notification by	136469
the director, hethe director is unable to effect a transfer of	136470
the patient, pursuant to section 5122.20 of the Revised Code, to a	136471
hospital, community mental health agency, or other medical	136472
facility where treatment is available, or has not received an	136473
order of the court to the contrary, the involuntary commitment of	136474
any patient hospitalized pursuant to Chapter 5122. of the Revised	136475
Code and defined as a mentally ill person subject to	136476
hospitalization by court order under division (B)(4) of section	136477
5122.01 of the Revised Code shall automatically be terminated.	136478

Sec. 5122.271. (A) Except as provided in divisions (C), (D),	136479
and (E) of this section, the chief clinical officer or, in a	136480
nonpublic hospital, the attending physician responsible for a	136481
patient's care shall provide all information, including expected	136482
physical and medical consequences, necessary to enable any patient	136483
of a hospital for the mentally ill to give a fully informed,	136484
intelligent, and knowing consent, the opportunity to consult with	136485
independent specialists and counsel, and the right to refuse	136486
consent for any of the following:	136487

(1) Surgery;

136488

(2) Convulsive therapy;

136489

(3) Major aversive interventions;

136490

(4) Sterilizations;

136491

(5) Any unusually hazardous treatment procedures;

136492

(6) Psycho-surgery.

136493

(B) No patient shall be subjected to any of the procedures	136494
listed in divisions (A)(4) to (6) of this section until both the	136495
patient's informed, intelligent, and knowing consent and the	136496
approval of the court have been obtained, except that court	136497
approval is not required for a legally competent and voluntary	136498
patient in a nonpublic hospital.	136499

(C) If, after providing the information required under	136500
division (A) of this section to the patient, the chief clinical	136501
officer or attending physician concludes that a patient is	136502
physically or mentally unable to receive the information required	136503
for surgery under division (A)(1) of this section, or has been	136504
adjudicated incompetent, the information may be provided to the	136505
patient's natural or court-appointed guardian, who may give an	136506
informed, intelligent, and knowing written consent.	136507

If a patient is physically or mentally unable to receive the	136508
information required for surgery under division (A)(1) of this	136509
section and has no guardian, the information, the recommendation	136510
of the chief clinical officer, and the concurring judgment of a	136511
licensed physician who is not a full-time employee of the state	136512
may be provided to the court in the county in which the hospital	136513
is located, which may approve the surgery. Before approving the	136514
surgery, the court shall notify the ~~legal rights service~~Ohio	136515
protection and advocacy system created by section 5123.60 of the	136516
Revised Code, and shall notify the patient of the rights to	136517
consult with counsel, to have counsel appointed by the court if	136518
the patient is indigent, and to contest the recommendation of the	136519
chief clinical officer.	136520

(D) If, in a medical emergency, and after providing the	136521
information required under division (A) of this section to the	136522
patient, it is the judgment of one licensed physician that delay	136523
in obtaining surgery would create a grave danger to the health of	136524
the patient, it may be administered without the consent of the	136525
patient or the patient's guardian if the necessary information is	136526
provided to the patient's spouse or next of kin to enable that	136527
person to give informed, intelligent, and knowing written consent.	136528
If no spouse or next of kin can reasonably be contacted, or if the	136529
spouse or next of kin is contacted, but refuses to consent, the	136530
surgery may be performed upon the written authorization of the	136531
chief clinical officer or, in a nonpublic hospital, upon the	136532
written authorization of the attending physician responsible for	136533
the patient's care, and after the approval of the court has been	136534
obtained. However, if delay in obtaining court approval would	136535
create a grave danger to the life of the patient, the chief	136536
clinical officer or, in a nonpublic hospital, the attending	136537
physician responsible for the patient's care may authorize	136538
surgery, in writing, without court approval. If the surgery is	136539
authorized without court approval, the chief clinical officer or	136540
the attending physician who made the authorization and the	136541
physician who performed the surgery shall each execute an	136542
affidavit describing the circumstances constituting the emergency	136543
and warranting the surgery and the circumstances warranting their	136544
not obtaining prior court approval. The affidavit shall be filed	136545
with the court with which the request for prior approval would	136546
have been filed within five court days after the surgery, and a	136547
copy of the affidavit shall be placed in the patient's file and be	136548
given to the guardian, spouse, or next of kin of the patient, to	136549
the hospital at which the surgery was performed, and to the ~~legal~~	136550
~~rights service created by~~Ohio protection and advocacy system as	136551
defined in section 5123.60 of the Revised Code.	136552

(E) Major aversive interventions shall not be used unless a	136553
patient continues to engage in behavior destructive to self or	136554
others after other forms of therapy have been attempted. Major	136555
aversive interventions may be applied if approved by the director	136556
of mental health. ~~The director of the legal rights service created~~	136557
~~by section 5123.60 of the Revised Code shall be notified of any~~	136558
~~proposed major aversive intervention prior to review by the~~	136559
~~director of mental health.~~ Major aversive interventions shall not	136560
be applied to a voluntary patient without the informed,	136561
intelligent, and knowing written consent of the patient or the	136562
patient's guardian.	136563

(F) Unless there is substantial risk of physical harm to self	136564
or others, or other than under division (D) of this section, this	136565
chapter does not authorize any form of compulsory medical,	136566
psychological, or psychiatric treatment of any patient who is	136567
being treated by spiritual means through prayer alone in	136568
accordance with a recognized religious method of healing without	136569
specific court authorization.	136570

(G) For purposes of this section, "convulsive therapy" does	136571
not include defibrillation.	136572

Sec. 5122.29. All patients hospitalized or committed	136573
pursuant to this chapter have the following rights:	136574

(A) The right to a written list of all rights enumerated in	136575
this chapter, to that person, ~~his~~that person's legal guardian,	136576
and ~~his~~that person's counsel. If the person is unable to read,	136577
the list shall be read and explained to ~~him~~the person.	136578

(B) The right at all times to be treated with consideration	136579
and respect for ~~his~~the patient's privacy and dignity, including	136580
without limitation, the following:	136581

(1) At the time a person is taken into custody for diagnosis,	136582
detention, or treatment under Chapter 5122. of the Revised Code,	136583
the person taking ~~him~~that person into custody shall take	136584
reasonable precautions to preserve and safeguard the personal	136585
property in the possession of or on the premises occupied by that	136586
person;	136587

(2) A person who is committed, voluntarily or involuntarily,	136588
shall be given reasonable protection from assault or battery by	136589
any other person.	136590

(C) The right to communicate freely with and be visited at	136591
reasonable times by ~~his~~the patient's private counsel or personnel	136592
of the ~~legal rights service~~Ohio protection and advocacy system	136593
and, unless prior court restriction has been obtained, to	136594
communicate freely with and be visited at reasonable times by ~~his~~	136595
the patient's personal physician or psychologist.	136596

(D) The right to communicate freely with others, unless	136597
specifically restricted in the patient's treatment plan for clear	136598
treatment reasons, including without limitation the following:	136599

(1) To receive visitors at reasonable times;

136600

(2) To have reasonable access to telephones to make and	136601
receive confidential calls, including a reasonable number of free	136602
calls if unable to pay for them and assistance in calling if	136603
requested and needed.	136604

(E) The right to have ready access to letter writing	136605
materials, including a reasonable number of stamps without cost if	136606
unable to pay for them, and to mail and receive unopened	136607
correspondence and assistance in writing if requested and needed.	136608

(F) The right to the following personal privileges consistent	136609
with health and safety:	136610

(1) To wear ~~his~~the patient's own clothes and maintain ~~his~~	136611
the patient's own personal effects;	136612

(2) To be provided an adequate allowance for or allotment of	136613
neat, clean, and seasonable clothing if unable to provide ~~his~~the	136614
patient's own;	136615

(3) To maintain ~~his~~the patient's personal appearance	136616
according to ~~his~~the patient's own personal taste, including head	136617
and body hair;	136618

(4) To keep and use personal possessions, including toilet	136619
articles;	136620

(5) To have access to individual storage space for ~~his~~the	136621
patient's private use;	136622

(6) To keep and spend a reasonable sum of ~~his~~the patient's	136623
own money for expenses and small purchases;	136624

(7) To receive and possess reading materials without	136625
censorship, except when the materials create a clear and present	136626
danger to the safety of persons in the facility.	136627

(G) The right to reasonable privacy, including both periods	136628
of privacy and places of privacy.	136629

(H) The right to free exercise of religious worship within	136630
the facility, including a right to services and sacred texts that	136631
are within the reasonable capacity of the facility to supply,	136632
provided that no patient shall be coerced into engaging in any	136633
religious activities.	136634

(I) The right to social interaction with members of either	136635
sex, subject to adequate supervision, unless such social	136636
interaction is specifically withheld under a patient's written	136637
treatment plan for clear treatment reasons.	136638

As used in this section, "clear treatment reasons" means that	136639
permitting the patient to communicate freely with others will	136640
present a substantial risk of physical harm to the patient or	136641
others or will substantially preclude effective treatment of the	136642
patient. If a right provided under this section is restricted or	136643
withheld for clear treatment reasons, the patient's written	136644
treatment plan shall specify the treatment designed to eliminate	136645
the restriction or withholding of the right at the earliest	136646
possible time.	136647

Sec. 5122.31. (A) All certificates, applications, records,	136648
and reports made for the purpose of this chapter and sections	136649
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	136650
Code, other than court journal entries or court docket entries,	136651
and directly or indirectly identifying a patient or former patient	136652
or person whose hospitalization has been sought under this	136653
chapter, shall be kept confidential and shall not be disclosed by	136654
any person except:	136655

(1) If the person identified, or the person's legal guardian,	136656
if any, or if the person is a minor, the person's parent or legal	136657
guardian, consents, and if the disclosure is in the best interests	136658
of the person, as may be determined by the court for judicial	136659
records and by the chief clinical officer for medical records;	136660

(2) When disclosure is provided for in this chapter or	136661
section ~~5123.60~~5123.601 of the Revised Code;	136662

(3) That hospitals, boards of alcohol, drug addiction, and	136663
mental health services, and community mental health agencies may	136664
release necessary medical information to insurers and other	136665
third-party payers, including government entities responsible for	136666
processing and authorizing payment, to obtain payment for goods	136667
and services furnished to the patient;	136668

(4) Pursuant to a court order signed by a judge;

136669

(5) That a patient shall be granted access to the patient's	136670
own psychiatric and medical records, unless access specifically is	136671
restricted in a patient's treatment plan for clear treatment	136672
reasons;	136673

(6) That hospitals and other institutions and facilities	136674
within the department of mental health may exchange psychiatric	136675
records and other pertinent information with other hospitals,	136676
institutions, and facilities of the department, and with community	136677
mental health agencies and boards of alcohol, drug addiction, and	136678
mental health services with which the department has a current	136679
agreement for patient care or services. Records and information	136680
that may be released pursuant to this division shall be limited to	136681
medication history, physical health status and history, financial	136682
status, summary of course of treatment in the hospital, summary of	136683
treatment needs, and a discharge summary, if any.	136684

(7) That hospitals within the department, other institutions	136685
and facilities within the department, hospitals licensed by the	136686
department under section 5119.20 of the Revised Code, and	136687
community mental health agencies may exchange psychiatric records	136688
and other pertinent information with payers and other providers of	136689
treatment and health services if the purpose of the exchange is to	136690
facilitate continuity of care for a patient;	136691

(8) That a patient's family member who is involved in the	136692
provision, planning, and monitoring of services to the patient may	136693
receive medication information, a summary of the patient's	136694
diagnosis and prognosis, and a list of the services and personnel	136695
available to assist the patient and the patient's family, if the	136696
patient's treating physician determines that the disclosure would	136697
be in the best interests of the patient. No such disclosure shall	136698
be made unless the patient is notified first and receives the	136699
information and does not object to the disclosure.	136700

(9) That community mental health agencies may exchange	136701
psychiatric records and certain other information with the board	136702
of alcohol, drug addiction, and mental health services and other	136703
agencies in order to provide services to a person involuntarily	136704
committed to a board. Release of records under this division shall	136705
be limited to medication history, physical health status and	136706
history, financial status, summary of course of treatment, summary	136707
of treatment needs, and discharge summary, if any.	136708

(10) That information may be disclosed to the executor or the	136709
administrator of an estate of a deceased patient when the	136710
information is necessary to administer the estate;	136711

(11) That records in the possession of the Ohio historical	136712
society may be released to the closest living relative of a	136713
deceased patient upon request of that relative;	136714

(12) That information may be disclosed to staff members of	136715
the appropriate board or to staff members designated by the	136716
director of mental health for the purpose of evaluating the	136717
quality, effectiveness, and efficiency of services and determining	136718
if the services meet minimum standards. Information obtained	136719
during such evaluations shall not be retained with the name of any	136720
patient.	136721

(13) That records pertaining to the patient's diagnosis,	136722
course of treatment, treatment needs, and prognosis shall be	136723
disclosed and released to the appropriate prosecuting attorney if	136724
the patient was committed pursuant to section 2945.38, 2945.39,	136725
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	136726
attorney designated by the board for proceedings pursuant to	136727
involuntary commitment under this chapter.	136728

(14) That the department of mental health may exchange	136729
psychiatric hospitalization records, other mental health treatment	136730
records, and other pertinent information with the department of	136731
rehabilitation and correction to ensure continuity of care for	136732
inmates who are receiving mental health services in an institution	136733
of the department of rehabilitation and correction. The department	136734
shall not disclose those records unless the inmate is notified,	136735
receives the information, and does not object to the disclosure.	136736
The release of records under this division is limited to records	136737
regarding an inmate's medication history, physical health status	136738
and history, summary of course of treatment, summary of treatment	136739
needs, and a discharge summary, if any.	136740

(15) That a community mental health agency that ceases to	136741
operate may transfer to either a community mental health agency	136742
that assumes its caseload or to the board of alcohol, drug	136743
addiction, and mental health services of the service district in	136744
which the patient resided at the time services were most recently	136745
provided any treatment records that have not been transferred	136746
elsewhere at the patient's request.	136747

(B) Before records are disclosed pursuant to divisions	136748
(A)(3), (6), (7), and (9) of this section, the custodian of the	136749
records shall attempt to obtain the patient's consent for the	136750
disclosure. No person shall reveal the contents of a medical	136751
record of a patient except as authorized by law.	136752

(C) The managing officer of a hospital who releases necessary	136753
medical information under division (A)(3) of this section to allow	136754
an insurance carrier or other third party payor to comply with	136755
section 5121.43 of the Revised Code shall neither be subject to	136756
criminal nor civil liability.	136757

Sec. 5122.32. (A) As used in this section:

136758

(1) "Quality assurance committee" means a committee that is	136759
appointed in the central office of the department of mental health	136760
by the director of mental health, a committee of a hospital or	136761
community setting program, a committee established pursuant to	136762
section 5119.47 of the Revised Code of the department of mental	136763
health appointed by the managing officer of the hospital or	136764
program, or a duly authorized subcommittee of a committee of that	136765
nature and that is designated to carry out quality assurance	136766
program activities.	136767

(2) "Quality assurance program" means a comprehensive program	136768
within the department of mental health to systematically review	136769
and improve the quality of medical and mental health services	136770
within the department and its hospitals and community setting	136771
programs, the safety and security of persons receiving medical and	136772
mental health services within the department and its hospitals and	136773
community setting programs, and the efficiency and effectiveness	136774
of the utilization of staff and resources in the delivery of	136775
medical and mental health services within the department and its	136776
hospitals and community setting programs. "Quality assurance	136777
program" includes the central office quality assurance committees,	136778
morbidity and mortality review committees, quality assurance	136779
programs of community setting programs, quality assurance	136780
committees of hospitals operated by the department of mental	136781
health, and the office of licensure and certification of the	136782
department.	136783

(3) "Quality assurance program activities" include collecting	136784
or compiling information and reports required by a quality	136785
assurance committee, receiving, reviewing, or implementing the	136786
recommendations made by a quality assurance committee, and	136787
credentialing, privileging, infection control, tissue review, peer	136788
review, utilization review including access to patient care	136789
records, patient care assessment records, and medical and mental	136790
health records, medical and mental health resource management,	136791
mortality and morbidity review, and identification and prevention	136792
of medical or mental health incidents and risks, whether performed	136793
by a quality assurance committee or by persons who are directed by	136794
a quality assurance committee.	136795

(4) "Quality assurance records" means the proceedings,	136796
discussion, records, findings, recommendations, evaluations,	136797
opinions, minutes, reports, and other documents or actions that	136798
emanate from quality assurance committees, quality assurance	136799
programs, or quality assurance program activities. "Quality	136800
assurance records" does not include aggregate statistical	136801
information that does not disclose the identity of persons	136802
receiving or providing medical or mental health services in	136803
department of mental health institutions.	136804

(B)(1) Except as provided in division (E) of this section,	136805
quality assurance records are confidential and are not public	136806
records under section 149.43 of the Revised Code, and shall be	136807
used only in the course of the proper functions of a quality	136808
assurance program.	136809

(2) Except as provided in division (E) of this section, no	136810
person who possesses or has access to quality assurance records	136811
and who knows that the records are quality assurance records shall	136812
willfully disclose the contents of the records to any person or	136813
entity.	136814

(C)(1) Except as provided in division (E) of this section, no	136815
quality assurance record shall be subject to discovery in, and is	136816
not admissible in evidence, in any judicial or administrative	136817
proceeding.	136818

(2) Except as provided in division (E) of this section, no	136819
member of a quality assurance committee or a person who is	136820
performing a function that is part of a quality assurance program	136821
shall be permitted or required to testify in a judicial or	136822
administrative proceeding with respect to quality assurance	136823
records or with respect to any finding, recommendation,	136824
evaluation, opinion, or other action taken by the committee,	136825
member, or person.	136826

(3) Information, documents, or records otherwise available	136827
from original sources are not to be construed as being unavailable	136828
for discovery or admission in evidence in a judicial or	136829
administrative proceeding merely because they were presented to a	136830
quality assurance committee. No person testifying before a quality	136831
assurance committee or person who is a member of a quality	136832
assurance committee shall be prevented from testifying as to	136833
matters within the person's knowledge, but the witness cannot be	136834
asked about the witness' testimony before the quality assurance	136835
committee or about an opinion formed by the person as a result of	136836
the quality assurance committee proceedings.	136837

(D)(1) A person who, without malice and in the reasonable	136838
belief that the information is warranted by the facts known to the	136839
person, provides information to a person engaged in quality	136840
assurance program activities is not liable for damages in a civil	136841
action for injury, death, or loss to person or property to any	136842
person as a result of providing the information.	136843

(2) A member of a quality assurance committee, a person	136844
engaged in quality assurance program activities, and an employee	136845
of the department of mental health shall not be liable in damages	136846
in a civil action for injury, death, or loss to person or property	136847
to any person for any acts, omissions, decisions, or other conduct	136848
within the scope of the functions of the quality assurance	136849
program.	136850

(3) Nothing in this section shall relieve any institution or	136851
individual from liability arising from the treatment of a patient.	136852

(E) Quality assurance records may be disclosed, and testimony	136853
may be provided concerning quality assurance records, only to the	136854
following persons or entities:	136855

(1) Persons who are employed or retained by the department of	136856
mental health and who have authority to evaluate or implement the	136857
recommendations of a state-operated hospital, community setting	136858
program, or central office quality assurance committee;	136859

(2) Public or private agencies or organizations if needed to	136860
perform a licensing or accreditation function related to	136861
department of mental health hospitals or community setting	136862
programs, or to perform monitoring of a hospital or program of	136863
that nature as required by law.	136864

(F) A disclosure of quality assurance records pursuant to	136865
division (E) of this section does not otherwise waive the	136866
confidential and privileged status of the disclosed quality	136867
assurance records.	136868

(G) Nothing in this section shall limit the access of the	136869
~~legal rights service~~Ohio protection and advocacy system to	136870
records or personnel as ~~set forth in sections 5123.60 to 5123.604~~	136871
required under section 5123.601 of the Revised Code. Nothing in	136872
this section shall limit the admissibility of documentary or	136873
testimonial evidence in an action brought by the ~~legal rights~~	136874
~~service~~Ohio protection and advocacy system in its own name or on	136875
behalf of a client.	136876

Sec. 5123.092. (A) There is hereby established at each	136877
institution and branch institution under the control of the	136878
department of developmental disabilities a citizen's advisory	136879
council consisting of thirteen members. At least seven of the	136880
members shall be persons who are not providers of mental	136881
retardation services. Each council shall include parents or other	136882
relatives of residents of institutions under the control of the	136883
department, community leaders, professional persons in relevant	136884
fields, and persons who have an interest in or knowledge of mental	136885
retardation. The managing officer of the institution shall be a	136886
nonvoting member of the council.	136887

(B) The director of developmental disabilities shall be the	136888
appointing authority for the voting members of each citizen's	136889
advisory council. Each time the term of a voting member expires,	136890
the remaining members of the council shall recommend to the	136891
director one or more persons to serve on the council. The director	136892
may accept a nominee of the council or reject the nominee or	136893
nominees. If the director rejects the nominee or nominees, the	136894
remaining members of the advisory council shall further recommend	136895
to the director one or more other persons to serve on the advisory	136896
council. This procedure shall continue until a member is appointed	136897
to the advisory council.	136898

Each advisory council shall elect from its appointed members	136899
a chairperson, vice-chairperson, and a secretary to serve for	136900
terms of one year. Advisory council officers shall not serve for	136901
more than two consecutive terms in the same office. A majority of	136902
the advisory council members constitutes a quorum.	136903

(C) Terms of office shall be for three years, each term	136904
ending on the same day of the same month of the year as did the	136905
term which it succeeds. No member shall serve more than two	136906
consecutive terms, except that any former member may be appointed	136907
if one year or longer has elapsed since the member served two	136908
consecutive terms. Each member shall hold office from the date of	136909
appointment until the end of the term for which the member was	136910
appointed. Any vacancy shall be filled in the same manner in which	136911
the original appointment was made, and the appointee to a vacancy	136912
in an unexpired term shall serve the balance of the term of the	136913
original appointee. Any member shall continue in office subsequent	136914
to the expiration date of the member's term until the member's	136915
successor takes office, or until a period of sixty days has	136916
elapsed, whichever occurs first.	136917

(D) Members shall be expected to attend all meetings of the	136918
advisory council. Unexcused absence from two successive regularly	136919
scheduled meetings shall be considered prima-facie evidence of	136920
intent not to continue as a member. The chairperson of the board	136921
shall, after a member has been absent for two successive regularly	136922
scheduled meetings, direct a letter to the member asking if the	136923
member wishes to remain in membership. If an affirmative reply is	136924
received, the member shall be retained as a member except that,	136925
if, after having expressed a desire to remain a member, the member	136926
then misses a third successive regularly scheduled meeting without	136927
being excused, the chairperson shall terminate the member's	136928
membership.	136929

(E) A citizen's advisory council shall meet six times	136930
annually, or more frequently if three council members request the	136931
chairperson to call a meeting. The council shall keep minutes of	136932
each meeting and shall submit them to the managing officer of the	136933
institution with which the council is associated,and the	136934
department of developmental disabilities~~, and the legal rights~~	136935
~~service~~.	136936

(F) Members of citizen's advisory councils shall receive no	136937
compensation for their services, except that they shall be	136938
reimbursed for their actual and necessary expenses incurred in the	136939
performance of their official duties by the institution with which	136940
they are associated from funds allocated to it, provided that	136941
reimbursement for those expenses shall not exceed limits imposed	136942
upon the department of developmental disabilities by	136943
administrative rules regulating travel within this state.	136944

(G) The councils shall have reasonable access to all patient	136945
treatment and living areas and records of the institution, except	136946
those records of a strictly personal or confidential nature. The	136947
councils shall have access to a patient's personal records with	136948
the consent of the patient or the patient's legal guardian or, if	136949
the patient is a minor, with the consent of the parent or legal	136950
guardian of the patient.	136951

(H) As used in this section, "branch institution" means a	136952
facility that is located apart from an institution and is under	136953
the control of the managing officer of the institution.	136954

Sec. 5123.19. (A) As used in this section and in sections	136955
5123.191, 5123.194, 5123.196, 5123.197, 5123.198, and 5123.20 of	136956
the Revised Code:	136957

(1)(a) "Residential facility" means a home or facility in	136958
which a mentally retarded or developmentally disabled person	136959
resides, except the home of a relative or legal guardian in which	136960
a mentally retarded or developmentally disabled person resides, a	136961
respite care home certified under section 5126.05 of the Revised	136962
Code, a county home or district home operated pursuant to Chapter	136963
5155. of the Revised Code, or a dwelling in which the only	136964
mentally retarded or developmentally disabled residents are in an	136965
independent living arrangement or are being provided supported	136966
living.	136967

(b) "Intermediate care facility for the mentally retarded"	136968
means a residential facility that is considered an intermediate	136969
care facility for the mentally retarded for the purposes of	136970
Chapter 5111. of the Revised Code.	136971

(2) "Political subdivision" means a municipal corporation,	136972
county, or township.	136973

(3) "Independent living arrangement" means an arrangement in	136974
which a mentally retarded or developmentally disabled person	136975
resides in an individualized setting chosen by the person or the	136976
person's guardian, which is not dedicated principally to the	136977
provision of residential services for mentally retarded or	136978
developmentally disabled persons, and for which no financial	136979
support is received for rendering such service from any	136980
governmental agency by a provider of residential services.	136981

(4) "Licensee" means the person or government agency that has	136982
applied for a license to operate a residential facility and to	136983
which the license was issued under this section.	136984

(5) "Related party" has the same meaning as in section	136985
5123.16 of the Revised Code except that "provider" as used in the	136986
definition of "related party" means a person or government entity	136987
that held or applied for a license to operate a residential	136988
facility, rather than a person or government entity certified to	136989
provide supported living.	136990

(B) Every person or government agency desiring to operate a	136991
residential facility shall apply for licensure of the facility to	136992
the director of developmental disabilities unless the residential	136993
facility is subject to section 3721.02, 5119.73, 5103.03, or	136994
5119.20 of the Revised Code. Notwithstanding Chapter 3721. of the	136995
Revised Code, a nursing home that is certified as an intermediate	136996
care facility for the mentally retarded under Title XIX of the	136997
"Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as	136998
amended, shall apply for licensure of the portion of the home that	136999
is certified as an intermediate care facility for the mentally	137000
retarded.	137001

(C) Subject to section 5123.196 of the Revised Code, the	137002
director of developmental disabilities shall license the operation	137003
of residential facilities. An initial license shall be issued for	137004
a period that does not exceed one year, unless the director denies	137005
the license under division (D) of this section. A license shall be	137006
renewed for a period that does not exceed three years, unless the	137007
director refuses to renew the license under division (D) of this	137008
section. The director, when issuing or renewing a license, shall	137009
specify the period for which the license is being issued or	137010
renewed. A license remains valid for the length of the licensing	137011
period specified by the director, unless the license is	137012
terminated, revoked, or voluntarily surrendered.	137013

(D) If it is determined that an applicant or licensee is not	137014
in compliance with a provision of this chapter that applies to	137015
residential facilities or the rules adopted under such a	137016
provision, the director may deny issuance of a license, refuse to	137017
renew a license, terminate a license, revoke a license, issue an	137018
order for the suspension of admissions to a facility, issue an	137019
order for the placement of a monitor at a facility, issue an order	137020
for the immediate removal of residents, or take any other action	137021
the director considers necessary consistent with the director's	137022
authority under this chapter regarding residential facilities. In	137023
the director's selection and administration of the sanction to be	137024
imposed, all of the following apply:	137025

(1) The director may deny, refuse to renew, or revoke a	137026
license, if the director determines that the applicant or licensee	137027
has demonstrated a pattern of serious noncompliance or that a	137028
violation creates a substantial risk to the health and safety of	137029
residents of a residential facility.	137030

(2) The director may terminate a license if more than twelve	137031
consecutive months have elapsed since the residential facility was	137032
last occupied by a resident or a notice required by division (K)	137033
of this section is not given.	137034

(3) The director may issue an order for the suspension of	137035
admissions to a facility for any violation that may result in	137036
sanctions under division (D)(1) of this section and for any other	137037
violation specified in rules adopted under division (H)(2) of this	137038
section. If the suspension of admissions is imposed for a	137039
violation that may result in sanctions under division (D)(1) of	137040
this section, the director may impose the suspension before	137041
providing an opportunity for an adjudication under Chapter 119. of	137042
the Revised Code. The director shall lift an order for the	137043
suspension of admissions when the director determines that the	137044
violation that formed the basis for the order has been corrected.	137045

(4) The director may order the placement of a monitor at a	137046
residential facility for any violation specified in rules adopted	137047
under division (H)(2) of this section. The director shall lift the	137048
order when the director determines that the violation that formed	137049
the basis for the order has been corrected.	137050

(5) If the director determines that two or more residential	137051
facilities owned or operated by the same person or government	137052
entity are not being operated in compliance with a provision of	137053
this chapter that applies to residential facilities or the rules	137054
adopted under such a provision, and the director's findings are	137055
based on the same or a substantially similar action, practice,	137056
circumstance, or incident that creates a substantial risk to the	137057
health and safety of the residents, the director shall conduct a	137058
survey as soon as practicable at each residential facility owned	137059
or operated by that person or government entity. The director may	137060
take any action authorized by this section with respect to any	137061
facility found to be operating in violation of a provision of this	137062
chapter that applies to residential facilities or the rules	137063
adopted under such a provision.	137064

(6) When the director initiates license revocation	137065
proceedings, no opportunity for submitting a plan of correction	137066
shall be given. The director shall notify the licensee by letter	137067
of the initiation of the proceedings. The letter shall list the	137068
deficiencies of the residential facility and inform the licensee	137069
that no plan of correction will be accepted. The director shall	137070
also send a copy of the letter to the county board of	137071
developmental disabilities. The county board shall send a copy of	137072
the letter to each of the following:	137073

(a) Each resident who receives services from the licensee;

137074

(b) The guardian of each resident who receives services from	137075
the licensee if the resident has a guardian;	137076

(c) The parent or guardian of each resident who receives	137077
services from the licensee if the resident is a minor.	137078

(7) Pursuant to rules which shall be adopted in accordance	137079
with Chapter 119. of the Revised Code, the director may order the	137080
immediate removal of residents from a residential facility	137081
whenever conditions at the facility present an immediate danger of	137082
physical or psychological harm to the residents.	137083

(8) In determining whether a residential facility is being	137084
operated in compliance with a provision of this chapter that	137085
applies to residential facilities or the rules adopted under such	137086
a provision, or whether conditions at a residential facility	137087
present an immediate danger of physical or psychological harm to	137088
the residents, the director may rely on information obtained by a	137089
county board of developmental disabilities or other governmental	137090
agencies.	137091

(9) In proceedings initiated to deny, refuse to renew, or	137092
revoke licenses, the director may deny, refuse to renew, or revoke	137093
a license regardless of whether some or all of the deficiencies	137094
that prompted the proceedings have been corrected at the time of	137095
the hearing.	137096

(E) The director shall establish a program under which public	137097
notification may be made when the director has initiated license	137098
revocation proceedings or has issued an order for the suspension	137099
of admissions, placement of a monitor, or removal of residents.	137100
The director shall adopt rules in accordance with Chapter 119. of	137101
the Revised Code to implement this division. The rules shall	137102
establish the procedures by which the public notification will be	137103
made and specify the circumstances for which the notification must	137104
be made. The rules shall require that public notification be made	137105
if the director has taken action against the facility in the	137106
eighteen-month period immediately preceding the director's latest	137107
action against the facility and the latest action is being taken	137108
for the same or a substantially similar violation of a provision	137109
of this chapter that applies to residential facilities or the	137110
rules adopted under such a provision. The rules shall specify a	137111
method for removing or amending the public notification if the	137112
director's action is found to have been unjustified or the	137113
violation at the residential facility has been corrected.	137114

(F)(1) Except as provided in division (F)(2) of this section,	137115
appeals from proceedings initiated to impose a sanction under	137116
division (D) of this section shall be conducted in accordance with	137117
Chapter 119. of the Revised Code.	137118

(2) Appeals from proceedings initiated to order the	137119
suspension of admissions to a facility shall be conducted in	137120
accordance with Chapter 119. of the Revised Code, unless the order	137121
was issued before providing an opportunity for an adjudication, in	137122
which case all of the following apply:	137123

(a) The licensee may request a hearing not later than ten	137124
days after receiving the notice specified in section 119.07 of the	137125
Revised Code.	137126

(b) If a timely request for a hearing that includes the	137127
licensee's current address is made, the hearing shall commence not	137128
later than thirty days after the department receives the request.	137129

(c) After commencing, the hearing shall continue	137130
uninterrupted, except for Saturdays, Sundays, and legal holidays,	137131
unless other interruptions are agreed to by the licensee and the	137132
director.	137133

(d) If the hearing is conducted by a hearing examiner, the	137134
hearing examiner shall file a report and recommendations not later	137135
than ten days after the last of the following:	137136

(i) The close of the hearing;

137137

(ii) If a transcript of the proceedings is ordered, the	137138
hearing examiner receives the transcript;	137139

(iii) If post-hearing briefs are timely filed, the hearing	137140
examiner receives the briefs.	137141

(e) A copy of the written report and recommendation of the	137142
hearing examiner shall be sent, by certified mail, to the licensee	137143
and the licensee's attorney, if applicable, not later than five	137144
days after the report is filed.	137145

(f) Not later than five days after the hearing examiner files	137146
the report and recommendations, the licensee may file objections	137147
to the report and recommendations.	137148

(g) Not later than fifteen days after the hearing examiner	137149
files the report and recommendations, the director shall issue an	137150
order approving, modifying, or disapproving the report and	137151
recommendations.	137152

(h) Notwithstanding the pendency of the hearing, the director	137153
shall lift the order for the suspension of admissions when the	137154
director determines that the violation that formed the basis for	137155
the order has been corrected.	137156

(G) Neither a person or government agency whose application	137157
for a license to operate a residential facility is denied nor a	137158
related party of the person or government agency may apply for a	137159
license to operate a residential facility before the date that is	137160
one year after the date of the denial. Neither a licensee whose	137161
residential facility license is revoked nor a related party of the	137162
licensee may apply for a residential facility license before the	137163
date that is five years after the date of the revocation.	137164

(H) In accordance with Chapter 119. of the Revised Code, the	137165
director shall adopt and may amend and rescind rules for licensing	137166
and regulating the operation of residential facilities, including	137167
intermediate care facilities for the mentally retarded. The rules	137168
for intermediate care facilities for the mentally retarded may	137169
differ from those for other residential facilities. The rules	137170
shall establish and specify the following:	137171

(1) Procedures and criteria for issuing and renewing	137172
licenses, including procedures and criteria for determining the	137173
length of the licensing period that the director must specify for	137174
each license when it is issued or renewed;	137175

(2) Procedures and criteria for denying, refusing to renew,	137176
terminating, and revoking licenses and for ordering the suspension	137177
of admissions to a facility, placement of a monitor at a facility,	137178
and the immediate removal of residents from a facility;	137179

(3) Fees for issuing and renewing licenses, which shall be	137180
deposited into the program fee fund created under section 5123.033	137181
of the Revised Code;	137182

(4) Procedures for surveying residential facilities;

137183

(5) Requirements for the training of residential facility	137184
personnel;	137185

(6) Classifications for the various types of residential	137186
facilities;	137187

(7) Certification procedures for licensees and management	137188
contractors that the director determines are necessary to ensure	137189
that they have the skills and qualifications to properly operate	137190
or manage residential facilities;	137191

(8) The maximum number of persons who may be served in a	137192
particular type of residential facility;	137193

(9) Uniform procedures for admission of persons to and	137194
transfers and discharges of persons from residential facilities;	137195

(10) Other standards for the operation of residential	137196
facilities and the services provided at residential facilities;	137197

(11) Procedures for waiving any provision of any rule adopted	137198
under this section.	137199

(I) Before issuing a license, the director of the department	137200
or the director's designee shall conduct a survey of the	137201
residential facility for which application is made. The director	137202
or the director's designee shall conduct a survey of each licensed	137203
residential facility at least once during the period the license	137204
is valid and may conduct additional inspections as needed. A	137205
survey includes but is not limited to an on-site examination and	137206
evaluation of the residential facility, its personnel, and the	137207
services provided there.	137208

In conducting surveys, the director or the director's	137209
designee shall be given access to the residential facility; all	137210
records, accounts, and any other documents related to the	137211
operation of the facility; the licensee; the residents of the	137212
facility; and all persons acting on behalf of, under the control	137213
of, or in connection with the licensee. The licensee and all	137214
persons on behalf of, under the control of, or in connection with	137215
the licensee shall cooperate with the director or the director's	137216
designee in conducting the survey.	137217

Following each survey, unless the director initiates a	137218
license revocation proceeding, the director or the director's	137219
designee shall provide the licensee with a report listing any	137220
deficiencies, specifying a timetable within which the licensee	137221
shall submit a plan of correction describing how the deficiencies	137222
will be corrected, and, when appropriate, specifying a timetable	137223
within which the licensee must correct the deficiencies. After a	137224
plan of correction is submitted, the director or the director's	137225
designee shall approve or disapprove the plan. A copy of the	137226
report and any approved plan of correction shall be provided to	137227
any person who requests it.	137228

The director shall initiate disciplinary action against any	137229
department employee who notifies or causes the notification to any	137230
unauthorized person of an unannounced survey of a residential	137231
facility by an authorized representative of the department.	137232

(J) In addition to any other information which may be	137233
required of applicants for a license pursuant to this section, the	137234
director shall require each applicant to provide a copy of an	137235
approved plan for a proposed residential facility pursuant to	137236
section 5123.042 of the Revised Code. This division does not apply	137237
to renewal of a license or to an applicant for an initial or	137238
modified license who meets the requirements of section 5123.193 or	137239
5123.197 of the Revised Code.	137240

(K) A licensee shall notify the owner of the building in	137241
which the licensee's residential facility is located of any	137242
significant change in the identity of the licensee or management	137243
contractor before the effective date of the change if the licensee	137244
is not the owner of the building.	137245

Pursuant to rules which shall be adopted in accordance with	137246
Chapter 119. of the Revised Code, the director may require	137247
notification to the department of any significant change in the	137248
ownership of a residential facility or in the identity of the	137249
licensee or management contractor. If the director determines that	137250
a significant change of ownership is proposed, the director shall	137251
consider the proposed change to be an application for development	137252
by a new operator pursuant to section 5123.042 of the Revised Code	137253
and shall advise the applicant within sixty days of the	137254
notification that the current license shall continue in effect or	137255
a new license will be required pursuant to this section. If the	137256
director requires a new license, the director shall permit the	137257
facility to continue to operate under the current license until	137258
the new license is issued, unless the current license is revoked,	137259
refused to be renewed, or terminated in accordance with Chapter	137260
119. of the Revised Code.	137261

(L) A county board of developmental disabilities~~, the legal~~	137262
~~rights service,~~ and any interested person may file complaints	137263
alleging violations of statute or department rule relating to	137264
residential facilities with the department. All complaints shall	137265
be in writing and shall state the facts constituting the basis of	137266
the allegation. The department shall not reveal the source of any	137267
complaint unless the complainant agrees in writing to waive the	137268
right to confidentiality or until so ordered by a court of	137269
competent jurisdiction.	137270

The department shall adopt rules in accordance with Chapter	137271
119. of the Revised Code establishing procedures for the receipt,	137272
referral, investigation, and disposition of complaints filed with	137273
the department under this division.	137274

(M) The department shall establish procedures for the	137275
notification of interested parties of the transfer or interim care	137276
of residents from residential facilities that are closing or are	137277
losing their license.	137278

(N) Before issuing a license under this section to a	137279
residential facility that will accommodate at any time more than	137280
one mentally retarded or developmentally disabled individual, the	137281
director shall, by first class mail, notify the following:	137282

(1) If the facility will be located in a municipal	137283
corporation, the clerk of the legislative authority of the	137284
municipal corporation;	137285

(2) If the facility will be located in unincorporated	137286
territory, the clerk of the appropriate board of county	137287
commissioners and the fiscal officer of the appropriate board of	137288
township trustees.	137289

The director shall not issue the license for ten days after	137290
mailing the notice, excluding Saturdays, Sundays, and legal	137291
holidays, in order to give the notified local officials time in	137292
which to comment on the proposed issuance.	137293

Any legislative authority of a municipal corporation, board	137294
of county commissioners, or board of township trustees that	137295
receives notice under this division of the proposed issuance of a	137296
license for a residential facility may comment on it in writing to	137297
the director within ten days after the director mailed the notice,	137298
excluding Saturdays, Sundays, and legal holidays. If the director	137299
receives written comments from any notified officials within the	137300
specified time, the director shall make written findings	137301
concerning the comments and the director's decision on the	137302
issuance of the license. If the director does not receive written	137303
comments from any notified local officials within the specified	137304
time, the director shall continue the process for issuance of the	137305
license.	137306

(O) Any person may operate a licensed residential facility	137307
that provides room and board, personal care, habilitation	137308
services, and supervision in a family setting for at least six but	137309
not more than eight persons with mental retardation or a	137310
developmental disability as a permitted use in any residential	137311
district or zone, including any single-family residential district	137312
or zone, of any political subdivision. These residential	137313
facilities may be required to comply with area, height, yard, and	137314
architectural compatibility requirements that are uniformly	137315
imposed upon all single-family residences within the district or	137316
zone.	137317

(P) Any person may operate a licensed residential facility	137318
that provides room and board, personal care, habilitation	137319
services, and supervision in a family setting for at least nine	137320
but not more than sixteen persons with mental retardation or a	137321
developmental disability as a permitted use in any multiple-family	137322
residential district or zone of any political subdivision, except	137323
that a political subdivision that has enacted a zoning ordinance	137324
or resolution establishing planned unit development districts may	137325
exclude these residential facilities from those districts, and a	137326
political subdivision that has enacted a zoning ordinance or	137327
resolution may regulate these residential facilities in	137328
multiple-family residential districts or zones as a conditionally	137329
permitted use or special exception, in either case, under	137330
reasonable and specific standards and conditions set out in the	137331
zoning ordinance or resolution to:	137332

(1) Require the architectural design and site layout of the	137333
residential facility and the location, nature, and height of any	137334
walls, screens, and fences to be compatible with adjoining land	137335
uses and the residential character of the neighborhood;	137336

(2) Require compliance with yard, parking, and sign	137337
regulation;	137338

(3) Limit excessive concentration of these residential	137339
facilities.	137340

(Q) This section does not prohibit a political subdivision	137341
from applying to residential facilities nondiscriminatory	137342
regulations requiring compliance with health, fire, and safety	137343
regulations and building standards and regulations.	137344

(R) Divisions (O) and (P) of this section are not applicable	137345
to municipal corporations that had in effect on June 15, 1977, an	137346
ordinance specifically permitting in residential zones licensed	137347
residential facilities by means of permitted uses, conditional	137348
uses, or special exception, so long as such ordinance remains in	137349
effect without any substantive modification.	137350

(S)(1) The director may issue an interim license to operate a	137351
residential facility to an applicant for a license under this	137352
section if either of the following is the case:	137353

(a) The director determines that an emergency exists	137354
requiring immediate placement of persons in a residential	137355
facility, that insufficient licensed beds are available, and that	137356
the residential facility is likely to receive a permanent license	137357
under this section within thirty days after issuance of the	137358
interim license.	137359

(b) The director determines that the issuance of an interim	137360
license is necessary to meet a temporary need for a residential	137361
facility.	137362

(2) To be eligible to receive an interim license, an	137363
applicant must meet the same criteria that must be met to receive	137364
a permanent license under this section, except for any differing	137365
procedures and time frames that may apply to issuance of a	137366
permanent license.	137367

(3) An interim license shall be valid for thirty days and may	137368
be renewed by the director for a period not to exceed one hundred	137369
fifty days.	137370

(4) The director shall adopt rules in accordance with Chapter	137371
119. of the Revised Code as the director considers necessary to	137372
administer the issuance of interim licenses.	137373

(T) Notwithstanding rules adopted pursuant to this section	137374
establishing the maximum number of persons who may be served in a	137375
particular type of residential facility, a residential facility	137376
shall be permitted to serve the same number of persons being	137377
served by the facility on the effective date of the rules or the	137378
number of persons for which the facility is authorized pursuant to	137379
a current application for a certificate of need with a letter of	137380
support from the department of developmental disabilities and	137381
which is in the review process prior to April 4, 1986.	137382

(U) The director or the director's designee may enter at any	137383
time, for purposes of investigation, any home, facility, or other	137384
structure that has been reported to the director or that the	137385
director has reasonable cause to believe is being operated as a	137386
residential facility without a license issued under this section.	137387

The director may petition the court of common pleas of the	137388
county in which an unlicensed residential facility is located for	137389
an order enjoining the person or governmental agency operating the	137390
facility from continuing to operate without a license. The court	137391
may grant the injunction on a showing that the person or	137392
governmental agency named in the petition is operating a	137393
residential facility without a license. The court may grant the	137394
injunction, regardless of whether the residential facility meets	137395
the requirements for receiving a license under this section.	137396

Sec. 5123.191. (A) The court of common pleas or a judge	137397
thereof in the judge's county, or the probate court, may appoint a	137398
receiver to take possession of and operate a residential facility	137399
licensed by the department of developmental disabilities, in	137400
causes pending in such courts respectively, when conditions	137401
existing at the facility present a substantial risk of physical or	137402
mental harm to residents and no other remedies at law are adequate	137403
to protect the health, safety, and welfare of the residents.	137404
Conditions at the facility that may present such risk of harm	137405
include, but are not limited to, instances when any of the	137406
following occur:	137407

(1) The residential facility is in violation of state or	137408
federal law or regulations.	137409

(2) The facility has had its license revoked or procedures	137410
for revocation have been initiated, or the facility is closing or	137411
intends to cease operations.	137412

(3) Arrangements for relocating residents need to be made.

137413

(4) Insolvency of the operator, licensee, or landowner	137414
threatens the operation of the facility.	137415

(5) The facility or operator has demonstrated a pattern and	137416
practice of repeated violations of state or federal laws or	137417
regulations.	137418

(B) A court in which a petition is filed pursuant to this	137419
section shall notify the person holding the license for the	137420
facility and the department of developmental disabilities of the	137421
filing. The court shall order the department to notify the ~~legal~~	137422
~~rights service,~~ facility owner, facility operator, county board of	137423
developmental disabilities, facility residents, and residents'	137424
parents and guardians of the filing of the petition.	137425

The court shall provide a hearing on the petition within five	137426
court days of the time it was filed, except that the court may	137427
appoint a receiver prior to that time if it determines that the	137428
circumstances necessitate such action. Following a hearing on the	137429
petition, and upon a determination that the appointment of a	137430
receiver is warranted, the court shall appoint a receiver and	137431
notify the department of developmental disabilities and	137432
appropriate persons of this action.	137433

(C) A residential facility for which a receiver has been	137434
named is deemed to be in compliance with section 5123.19 and	137435
Chapter 3721. of the Revised Code for the duration of the	137436
receivership.	137437

(D) When the operating revenue of a residential facility in	137438
receivership is insufficient to meet its operating expenses,	137439
including the cost of bringing the facility into compliance with	137440
state or federal laws or regulations, the court may order the	137441
state to provide necessary funding, except as provided in division	137442
(K) of this section. The state shall provide such funding, subject	137443
to the approval of the controlling board. The court may also order	137444
the appropriate authorities to expedite all inspections necessary	137445
for the issuance of licenses or the certification of a facility,	137446
and order a facility to be closed if it determines that reasonable	137447
efforts cannot bring the facility into substantial compliance with	137448
the law.	137449

(E) In establishing a receivership, the court shall set forth	137450
the powers and duties of the receiver. The court may generally	137451
authorize the receiver to do all that is prudent and necessary to	137452
safely and efficiently operate the residential facility within the	137453
requirements of state and federal law, but shall require the	137454
receiver to obtain court approval prior to making any single	137455
expenditure of more than five thousand dollars to correct	137456
deficiencies in the structure or furnishings of a facility. The	137457
court shall closely review the conduct of the receiver it has	137458
appointed and shall require regular and detailed reports. The	137459
receivership shall be reviewed at least every sixty days.	137460

(F) A receivership established pursuant to this section shall	137461
be terminated, following notification of the appropriate parties	137462
and a hearing, if the court determines either of the following:	137463

(1) The residential facility has been closed and the former	137464
residents have been relocated to an appropriate facility.	137465

(2) Circumstances no longer exist at the facility that	137466
present a substantial risk of physical or mental harm to	137467
residents, and there is no deficiency in the facility that is	137468
likely to create a future risk of harm.	137469

Notwithstanding division (F)(2) of this section, the court	137470
shall not terminate a receivership for a residential facility that	137471
has previously operated under another receivership unless the	137472
responsibility for the operation of the facility is transferred to	137473
an operator approved by the court and the department of	137474
developmental disabilities.	137475

(G) The department of developmental disabilities may, upon	137476
its own initiative or at the request of an owner, operator, or	137477
resident of a residential facility, or at the request of a	137478
resident's guardian or relative,or a county board of	137479
developmental disabilities~~, or the legal rights service~~, petition	137480
the court to appoint a receiver to take possession of and operate	137481
a residential facility. When the department has been requested to	137482
file a petition by any of the parties listed above, it shall,	137483
within forty-eight hours of such request, either file such a	137484
petition or notify the requesting party of its decision not to	137485
file. If the department refuses to file, the requesting party may	137486
file a petition with the court requesting the appointment of a	137487
receiver to take possession of and operate a residential facility.	137488

Petitions filed pursuant to this division shall include the	137489
following:	137490

(1) A description of the specific conditions existing at the	137491
facility which present a substantial risk of physical or mental	137492
harm to residents;	137493

(2) A statement of the absence of other adequate remedies at	137494
law;	137495

(3) The number of individuals residing at the facility;

137496

(4) A statement that the facts have been brought to the	137497
attention of the owner or licensee and that conditions have not	137498
been remedied within a reasonable period of time or that the	137499
conditions, though remedied periodically, habitually exist at the	137500
facility as a pattern or practice;	137501

(5) The name and address of the person holding the license	137502
for the facility and the address of the department of	137503
developmental disabilities.	137504

The court may award to an operator appropriate costs and	137505
expenses, including reasonable attorney's fees, if it determines	137506
that a petitioner has initiated a proceeding in bad faith or	137507
merely for the purpose of harassing or embarrassing the operator.	137508

(H) Except for the department of developmental disabilities	137509
or a county board of developmental disabilities, no party or	137510
person interested in an action shall be appointed a receiver	137511
pursuant to this section.	137512

To assist the court in identifying persons qualified to be	137513
named as receivers, the director of developmental disabilities or	137514
the director's designee shall maintain a list of the names of such	137515
persons. The director shall, in accordance with Chapter 119. of	137516
the Revised Code, establish standards for evaluating persons	137517
desiring to be included on such a list.	137518

(I) Before a receiver enters upon the duties of that person,	137519
the receiver must be sworn to perform the duties of receiver	137520
faithfully, and, with surety approved by the court, judge, or	137521
clerk, execute a bond to such person, and in such sum as the court	137522
or judge directs, to the effect that such receiver will faithfully	137523
discharge the duties of receiver in the action, and obey the	137524
orders of the court therein.	137525

(J) Under the control of the appointing court, a receiver may	137526
bring and defend actions in the receiver's own name as receiver	137527
and take and keep possession of property.	137528

The court shall authorize the receiver to do the following:

137529

(1) Collect payment for all goods and services provided to	137530
the residents or others during the period of the receivership at	137531
the same rate as was charged by the licensee at the time the	137532
petition for receivership was filed, unless a different rate is	137533
set by the court;	137534

(2) Honor all leases, mortgages, and secured transactions	137535
governing all buildings, goods, and fixtures of which the receiver	137536
has taken possession and continues to use, subject to the	137537
following conditions:	137538

(a) In the case of a rental agreement, only to the extent of	137539
payments that are for the use of the property during the period of	137540
the receivership;	137541

(b) In the case of a purchase agreement only to the extent of	137542
payments that come due during the period of the receivership.	137543

(3) If transfer of residents is necessary, provide for the	137544
orderly transfer of residents by doing the following:	137545

(a) Cooperating with all appropriate state and local agencies	137546
in carrying out the transfer of residents to alternative community	137547
placements;	137548

(b) Providing for the transportation of residents' belongings	137549
and records;	137550

(c) Helping to locate alternative placements and develop	137551
discharge plans;	137552

(d) Preparing residents for the trauma of discharge;

137553

(e) Permitting residents or guardians to participate in	137554
transfer or discharge planning except when an emergency exists and	137555
immediate transfer is necessary.	137556

(4) Make periodic reports on the status of the residential	137557
program to the appropriate state agency, county board of	137558
developmental disabilities, parents, guardians, and residents;	137559

(5) Compromise demands or claims;

137560

(6) Generally do such acts respecting the residential	137561
facility as the court authorizes.	137562

(K) Neither the receiver nor the department of developmental	137563
disabilities is liable for debts incurred by the owner or operator	137564
of a residential facility for which a receiver has been appointed.	137565

(L) The department of developmental disabilities may contract	137566
for the operation of a residential facility in receivership. The	137567
department shall establish the conditions of a contract.	137568
Notwithstanding any other provision of law, contracts that are	137569
necessary to carry out the powers and duties of the receiver need	137570
not be competitively bid.	137571

(M) The department of developmental disabilities, the	137572
department of job and family services, and the department of	137573
health shall provide technical assistance to any receiver	137574
appointed pursuant to this section.	137575

Sec. 5123.35. (A) There is hereby created the Ohio	137576
developmental disabilities council, which shall serve as an	137577
advocate for all persons with developmental disabilities. The	137578
council shall act in accordance with the "Developmental	137579
Disabilities Assistance and Bill of Rights Act," 98 Stat. 2662	137580
(1984), 42 U.S.C. 6001, as amended. The governor shall appoint the	137581
members of the council in accordance with 42 U.S.C. 6024.	137582

(B) The Ohio developmental disabilities council shall develop	137583
the state plan required by federal law as a condition of receiving	137584
federal assistance under 42 U.S.C. 6021 to 6030. The department of	137585
developmental disabilities, as the state agency selected by the	137586
governor for purposes of receiving the federal assistance, shall	137587
receive, account for, and disburse funds based on the state plan	137588
and shall provide assurances and other administrative support	137589
services required as a condition of receiving the federal	137590
assistance.	137591

(C) The federal funds may be disbursed through grants to or	137592
contracts with persons and government agencies for the provision	137593
of necessary or useful goods and services for developmentally	137594
disabled persons. The Ohio developmental disabilities council may	137595
award the grants or enter into the contracts.	137596

(D) The Ohio developmental disabilities council may award	137597
grants to or enter into contracts with a member of the council or	137598
an entity that the member represents if all of the following	137599
apply:	137600

(1) The member serves on the council as a representative of	137601
one of the principal state agencies concerned with services for	137602
persons with developmental disabilities as specified in 42 U.S.C.	137603
6024(b)(3), a representative of a university affiliated program as	137604
defined in 42 U.S.C. 6001(18), or a representative of the ~~legal~~	137605
~~rights service created under~~Ohio protection and advocacy system,	137606
as defined in section 5123.60 of the Revised Code.	137607

(2) The council determines that the member or the entity the	137608
member represents is capable of providing the goods or services	137609
specified under the terms of the grant or contract.	137610

(3) The member has not taken part in any discussion or vote	137611
of the council related to awarding the grant or entering into the	137612
contract, including service as a member of a review panel	137613
established by the council to award grants or enter into contracts	137614
or to make recommendations with regard to awarding grants or	137615
entering into contracts.	137616

(E) A member of the Ohio developmental disabilities council	137617
is not in violation of Chapter 102. or section 2921.42 of the	137618
Revised Code with regard to receiving a grant or entering into a	137619
contract under this section if the requirements of division (D) of	137620
this section have been met.	137621

Sec. 5123.60. (A) As used in this section and section	137622
5123.601 of the Revised Code, "Ohio protection and advocacy	137623
system" means the nonprofit entity designated by the governor in	137624
accordance with H.B. 153 of the 129th general assembly to serve as	137625
the state's protection and advocacy system and client assistance	137626
program.	137627

(B) The Ohio protection and advocacy system shall provide	137628
both of the following:	137629

(1) Advocacy services for people with disabilities, as	137630
provided under section 101 of the "Developmental Disabilities	137631
Assistance and Bill of Rights Act of 2000," 114 Stat. 1678 (2000),	137632
42 U.S.C. 15001;	137633

(2) A client assistance program, as provided under section	137634
112 of the "Workforce Investment Act of 1998," 112 Stat. 1163	137635
(1998), 29 U.S.C. 732, as amended.	137636

(C) The Ohio protection and advocacy system may establish any	137637
guidelines necessary for its operation.	137638

~~Sec. 5123.60.~~ Sec. 5123.601. (A) ~~A legal rights service is hereby~~	137639
~~created and established to protect and advocate the rights of~~	137640
~~mentally ill persons, mentally retarded persons, developmentally~~	137641
~~disabled persons, and other disabled persons who may be~~	137642
~~represented by the service pursuant to division (L) of this~~	137643
~~section; to receive and act upon complaints concerning~~	137644
~~institutional and hospital practices and conditions of~~	137645
~~institutions for mentally retarded or developmentally disabled~~	137646
~~persons and hospitals for the mentally ill; and to assure that all~~	137647
~~persons detained, hospitalized, discharged, or institutionalized,~~	137648
~~and all persons whose detention, hospitalization, discharge, or~~	137649
~~institutionalization is sought or has been sought under this~~	137650
~~chapter or Chapter 5122. of the Revised Code are fully informed of~~	137651
~~their rights and adequately represented by counsel in proceedings~~	137652
~~under this chapter or Chapter 5122. of the Revised Code and in any~~	137653
~~proceedings to secure the rights of those persons. Notwithstanding~~	137654
~~the definitions of "mentally retarded person" and "developmentally~~	137655
~~disabled person" in section 5123.01 of the Revised Code, the legal~~	137656
~~rights service shall determine who is a mentally retarded or~~	137657
~~developmentally disabled person for purposes of this section and~~	137658
~~sections 5123.601 to 5123.604 of the Revised Code.~~	137659

~~(B)(1) In regard to those persons detained, hospitalized, or~~	137660
~~institutionalized under Chapter 5122. of the Revised Code, the~~	137661
~~legal rights service shall undertake formal representation only of~~	137662
~~those persons who are involuntarily detained, hospitalized, or~~	137663
~~institutionalized pursuant to sections 5122.10 to 5122.15 of the~~	137664
~~Revised Code, and those voluntarily detained, hospitalized, or~~	137665
~~institutionalized who are minors, who have been adjudicated~~	137666
~~incompetent, who have been detained, hospitalized, or~~	137667
~~institutionalized in a public hospital, or who have requested~~	137668
~~representation by the legal rights service.~~	137669

~~(2) If a person referred to in division (A) of this section~~	137670
~~voluntarily requests in writing that the legal rights service~~	137671
~~terminate participation in the person's case, such involvement~~	137672
~~shall cease.~~	137673

~~(3) Persons described in divisions (A) and (B)(1) of this~~	137674
~~section who are represented by the legal rights service are~~	137675
~~clients of the legal rights service.~~	137676

~~(C) Any person voluntarily hospitalized or institutionalized~~	137677
~~in a public hospital under division (A) of section 5122.02 of the~~	137678
~~Revised Code, after being fully informed of the person's rights~~	137679
~~under division (A) of this section, may, by written request, waive~~	137680
~~assistance by the legal rights service if the waiver is knowingly~~	137681
~~and intelligently made, without duress or coercion.~~	137682

~~The waiver may be rescinded at any time by the voluntary~~	137683
~~patient or resident, or by the voluntary patient's or resident's~~	137684
~~legal guardian.~~	137685

~~(D)(1) The legal rights service commission is hereby created~~	137686
~~for the purposes of appointing an administrator of the legal~~	137687
~~rights service, advising the administrator, assisting the~~	137688
~~administrator in developing a budget, advising the administrator~~	137689
~~in establishing and annually reviewing a strategic plan, creating~~	137690
~~a procedure for filing and determination of grievances against the~~	137691
~~legal rights service, and establishing general policy guidelines,~~	137692
~~including guidelines for the commencement of litigation, for the~~	137693
~~legal rights service. The commission may adopt rules to carry~~	137694
~~these purposes into effect and may receive and act upon appeals of~~	137695
~~personnel decisions by the administrator.~~	137696

~~(2) The commission shall consist of seven members. One~~	137697
~~member, who shall serve as chairperson, shall be appointed by the~~	137698
~~chief justice of the supreme court, three members shall be~~	137699
~~appointed by the speaker of the house of representatives, and~~	137700
~~three members shall be appointed by the president of the senate.~~	137701
~~At least two members shall have experience in the field of~~	137702
~~developmental disabilities, and at least two members shall have~~	137703
~~experience in the field of mental health. No member shall be a~~	137704
~~provider or related to a provider of services to mentally~~	137705
~~retarded, developmentally disabled, or mentally ill persons.~~	137706

~~(3) Terms of office of the members of the commission shall be~~	137707
~~for three years, each term ending on the same day of the month of~~	137708
~~the year as did the term which it succeeds. Each member shall~~	137709
~~serve subsequent to the expiration of the member's term until a~~	137710
~~successor is appointed and qualifies, or until sixty days has~~	137711
~~elapsed, whichever occurs first. No member shall serve more than~~	137712
~~two consecutive terms.~~	137713

~~All vacancies in the membership of the commission shall be~~	137714
~~filled in the manner prescribed for regular appointments to the~~	137715
~~commission and shall be limited to the unexpired terms.~~	137716

~~(4) The commission shall meet at least four times each year.~~	137717
~~Members shall be reimbursed for their necessary and actual~~	137718
~~expenses incurred in the performance of their official duties.~~	137719

~~(5) The administrator of the legal rights service shall serve~~	137720
~~at the pleasure of the commission.~~	137721

~~The administrator shall be an attorney admitted to practice~~	137722
~~law in this state. The salary of the administrator shall be~~	137723
~~established in accordance with section 124.14 of the Revised Code.~~	137724

~~(E) The legal rights service shall be completely independent~~	137725
~~of the department of mental health and the department of~~	137726
~~developmental disabilities and, notwithstanding section 109.02 of~~	137727
~~the Revised Code, shall also be independent of the office of the~~	137728
~~attorney general.~~ The ~~administrator of the legal rights service,~~	137729
Ohio protection and advocacy system staff, and attorneys	137730
designated by the ~~administrator~~system to represent persons	137731
detained, hospitalized, or institutionalized under this chapter or	137732
Chapter 5122. of the Revised Code shall have ready access to all	137733
of the following:	137734

(1) During normal business hours and at other reasonable	137735
times, all records, except records of community residential	137736
facilities and records of contract agencies of county boards of	137737
developmental disabilities and boards of alcohol, drug addiction,	137738
and mental health services, relating to expenditures of state and	137739
federal funds or to the commitment, care, treatment, and	137740
habilitation of all persons represented by the ~~legal rights~~	137741
~~service~~Ohio protection and advocacy system, including those who	137742
may be represented pursuant to division ~~(L)~~(D) of this section, or	137743
persons detained, hospitalized, institutionalized, or receiving	137744
services under this chapter or Chapter 340., 5119., 5122., or	137745
5126. of the Revised Code that are records maintained by the	137746
following entities providing services for those persons:	137747
departments; institutions; hospitals; boards of alcohol, drug	137748
addiction, and mental health services; county boards of	137749
developmental disabilities; and any other entity providing	137750
services to persons who may be represented by the ~~service~~Ohio	137751
protection and advocacy system pursuant to division ~~(L)~~(D) of this	137752
section;	137753

(2) Any records maintained in computerized data banks of the	137754
departments or boards or, in the case of persons who may be	137755
represented by the ~~service~~Ohio protection and advocacy system	137756
pursuant to division ~~(L)~~(D) of this section, any other entity that	137757
provides services to those persons;	137758

(3) During their normal working hours, personnel of the	137759
departments, facilities, boards, agencies, institutions,	137760
hospitals, and other service-providing entities;	137761

(4) At any time, all persons detained, hospitalized, or	137762
institutionalized; persons receiving services under this chapter	137763
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	137764
persons who may be represented by the ~~service~~Ohio protection and	137765
advocacy system pursuant to division ~~(L)~~(D) of this section.	137766

(5) Records of a community residential facility, a contract	137767
agency of a board of alcohol, drug addiction, and mental health	137768
services, or a contract agency of a county board of developmental	137769
disabilities with one of the following consents:	137770

(a) The consent of the person, including when the person is a	137771
minor or has been adjudicated incompetent;	137772

(b) The consent of the person's guardian of the person, if	137773
any, or the parent if the person is a minor;	137774

(c) No consent, if the person is unable to consent for any	137775
reason, and the guardian of the person, if any, or the parent of	137776
the minor, has refused to consent or has not responded to a	137777
request for consent and either of the following has occurred:	137778

(i) A complaint regarding the person has been received by the	137779
~~legal rights service~~Ohio protection and advocacy system;	137780

(ii) The ~~legal rights service~~Ohio protection and advocacy	137781
system has determined that there is probable cause to believe that	137782
such person has been subjected to abuse or neglect.	137783

~~(F) The administrator of the legal rights service shall do~~	137784
~~the following:~~	137785

~~(1) Administer and organize the work of the legal rights~~	137786
~~service and establish administrative or geographic divisions as~~	137787
~~the administrator considers necessary, proper, and expedient;~~	137788

~~(2) Adopt and promulgate rules that are not in conflict with~~	137789
~~rules adopted by the commission and prescribe duties for the~~	137790
~~efficient conduct of the business and general administration of~~	137791
~~the legal rights service;~~	137792

~~(3) Appoint and discharge employees, and hire experts,~~	137793
~~consultants, advisors, or other professionally qualified persons~~	137794
~~as the administrator considers necessary to carry out the duties~~	137795
~~of the legal rights service;~~	137796

~~(4) Apply for and accept grants of funds, and accept~~	137797
~~charitable gifts and bequests;~~	137798

~~(5) Prepare and submit a budget to the general assembly for~~	137799
~~the operation of the legal rights service. At least thirty days~~	137800
~~prior to submitting the budget to the general assembly, the~~	137801
~~administrator shall provide a copy of the budget to the commission~~	137802
~~for review and comment. When submitting the budget to the general~~	137803
~~assembly, the administrator shall include a copy of any written~~	137804
~~comments returned by the commission to the administrator.~~	137805

~~(6) Enter into contracts and make expenditures necessary for~~	137806
~~the efficient operation of the legal rights service;~~	137807

~~(7) Annually prepare a report of activities and submit copies~~	137808
~~of the report to the governor, the chief justice of the supreme~~	137809
~~court, the president of the senate, the speaker of the house of~~	137810
~~representatives, the director of mental health, and the director~~	137811
~~of developmental disabilities, and make the report available to~~	137812
~~the public;~~	137813

~~(8) Upon request of the commission or of the chairperson of~~	137814
~~the commission, report to the commission on specific litigation~~	137815
~~issues or activities.~~	137816

~~(G)(1) The legal rights service may act directly or contract~~	137817
~~with other organizations or individuals for the provision of the~~	137818
~~services envisioned under this section.~~	137819

~~(2) Whenever possible, the administrator shall attempt to~~	137820
~~facilitate the resolution of complaints through administrative~~	137821
~~channels. Subject to division (G)(3) of this section, if attempts~~	137822
~~at administrative resolution prove unsatisfactory, the~~	137823
~~administrator may pursue any legal, administrative, and other~~	137824
~~appropriate remedies or approaches that may be necessary to~~	137825
~~accomplish the purposes of this section.~~	137826

~~(3) The administrator may not pursue a class action lawsuit~~	137827
~~under division (G)(2) of this section when attempts at~~	137828
~~administrative resolution of a complaint prove unsatisfactory~~	137829
~~under that division unless both of the following have first~~	137830
~~occurred:~~	137831

~~(a) At least four members of the commission, by their~~	137832
~~affirmative vote, have consented to the pursuit of the class~~	137833
~~action lawsuit;~~	137834

~~(b) At least five members of the commission are present at~~	137835
~~the meeting of the commission at which that consent is obtained.~~	137836

~~(4) The class represented in any class action lawsuit brought~~	137837
~~by the legal rights service shall include only persons who are~~	137838
~~mentally ill, mentally retarded, or developmentally disabled.~~	137839

~~(5) If compensation for the work of attorneys employed by the~~	137840
~~legal rights service or another agency or political subdivision of~~	137841
~~the state is awarded to the service in a class action lawsuit~~	137842
~~pursued by the service, the compensation shall be limited to the~~	137843
~~actual hourly rate of pay for that legal work.~~	137844

~~(6)~~(B) All records received or maintained by the ~~legal rights~~	137845
~~service~~Ohio protection and advocacy system in connection with any	137846
investigation, representation, or other activity under this	137847
section shall be confidential and shall not be disclosed except as	137848
authorized by the person represented by the ~~legal rights service~~	137849
Ohio protection and advocacy system or, subject to any privilege,	137850
a guardian of the person or parent of the minor. ~~Subject to~~	137851
~~division (G)(5) of this section, relationships~~Relationships	137852
between personnel and the agents of the ~~legal rights service~~Ohio	137853
protection and advocacy system and its clients shall be fiduciary	137854
relationships, and all communications shall be privileged as if	137855
between attorney and client.	137856

~~(7) Any person who has been represented by the legal rights~~	137857
~~service or who has applied for and been denied representation and~~	137858
~~who files a grievance with the service concerning the~~	137859
~~representation or application may appeal the decision of the~~	137860
~~service on the grievance to the commission. The person may appeal~~	137861
~~notwithstanding any objections of the person's legal guardian. The~~	137862
~~commission may examine any records relevant to the appeal and~~	137863
~~shall maintain the confidentiality of any records that are~~	137864
~~required to be kept confidential.~~	137865

~~(H)~~(C) The ~~legal rights service, on the order of the~~	137866
~~administrator, with the approval by an affirmative vote of at~~	137867
~~least four members of the commission,~~Ohio protection and advocacy	137868
system may compel by subpoena the appearance and sworn testimony	137869
of any person the ~~administrator~~Ohio protection and advocacy	137870
system reasonably believes may be able to provide information or	137871
to produce any documents, books, records, papers, or other	137872
information necessary to carry out its duties. On the refusal of	137873
any person to produce or authenticate any requested documents, the	137874
~~legal rights service~~Ohio protection and advocacy system may apply	137875
to the Franklin county court of common pleas to compel the	137876
production or authentication of requested documents. If the court	137877
finds that failure to produce or authenticate any requested	137878
documents was improper, the court may hold the person in contempt	137879
as in the case of disobedience of the requirements of a subpoena	137880
issued from the court, or a refusal to testify in the court.	137881

~~(I) The legal rights service may conduct public hearings.~~

137882

~~(J) The legal rights service may request from any~~	137883
~~governmental agency any cooperation, assistance, services, or data~~	137884
~~that will enable it to perform its duties.~~	137885

~~(K) In any malpractice action filed against the administrator~~	137886
~~of the legal rights service, a member of the staff of the legal~~	137887
~~rights service, or an attorney designated by the administrator to~~	137888
~~perform legal services under division (E) of this section, the~~	137889
~~state shall, when the administrator, member, or attorney has acted~~	137890
~~in good faith and in the scope of employment, indemnify the~~	137891
~~administrator, member, or attorney for any judgment awarded or~~	137892
~~amount negotiated in settlement, and for any court costs or legal~~	137893
~~fees incurred in defense of the claim.~~	137894

~~This division does not limit or waive, and shall not be~~	137895
~~construed to limit or waive, any defense that is available to the~~	137896
~~legal rights service, its administrator or employees, persons~~	137897
~~under a personal services contract with it, or persons designated~~	137898
~~under division (E) of this section, including, but not limited to,~~	137899
~~any defense available under section 9.86 of the Revised Code.~~	137900

~~(L)~~(D) In addition to providing services to mentally ill,	137901
mentally retarded, or developmentally disabled persons, when a	137902
grant authorizing the provision of services to other individuals	137903
is accepted ~~pursuant to division (F)(4) of this section~~by the	137904
Ohio protection and advocacy system, the ~~legal rights service and~~	137905
~~its ombudsperson section~~Ohio protection and advocacy system may	137906
provide advocacy ~~or ombudsperson services~~ to those other	137907
individuals and exercise any other authority granted by this	137908
section ~~or sections 5123.601 to 5123.604 of the Revised Code~~ on	137909
behalf of those individuals. Determinations of whether an	137910
individual is eligible for services under this division shall be	137911
made by the ~~legal rights service~~Ohio protection and advocacy	137912
system.	137913

Sec. 5123.602. (A) The class represented in any class action	137914
lawsuit brought by the Ohio protection and advocacy system shall	137915
include only persons who are mentally ill, mentally retarded, or	137916
developmentally disabled.	137917

(B) If compensation for the work of attorneys employed by the	137918
Ohio protection and advocacy system or an agency or political	137919
subdivision of the state is awarded to the system in a class	137920
action lawsuit pursued by the system, the compensation shall be	137921
limited to the actual hourly rate of pay for that legal work.	137922

Sec. 5123.61. (A) As used in this section:

137923

(1) "Law enforcement agency" means the state highway patrol,	137924
the police department of a municipal corporation, or a county	137925
sheriff.	137926

(2) "Abuse" has the same meaning as in section 5123.50 of the	137927
Revised Code, except that it includes a misappropriation, as	137928
defined in that section.	137929

(3) "Neglect" has the same meaning as in section 5123.50 of	137930
the Revised Code.	137931

(B) The department of developmental disabilities shall	137932
establish a registry office for the purpose of maintaining reports	137933
of abuse, neglect, and other major unusual incidents made to the	137934
department under this section and reports received from county	137935
boards of developmental disabilities under section 5126.31 of the	137936
Revised Code. The department shall establish committees to review	137937
reports of abuse, neglect, and other major unusual incidents.	137938

(C)(1) Any person listed in division (C)(2) of this section,	137939
having reason to believe that a person with mental retardation or	137940
a developmental disability has suffered or faces a substantial	137941
risk of suffering any wound, injury, disability, or condition of	137942
such a nature as to reasonably indicate abuse or neglect of that	137943
person, shall immediately report or cause reports to be made of	137944
such information to the entity specified in this division. Except	137945
as provided in section 5120.173 of the Revised Code or as	137946
otherwise provided in this division, the person making the report	137947
shall make it to a law enforcement agency or to the county board	137948
of developmental disabilities. If the report concerns a resident	137949
of a facility operated by the department of developmental	137950
disabilities the report shall be made either to a law enforcement	137951
agency or to the department. If the report concerns any act or	137952
omission of an employee of a county board of developmental	137953
disabilities, the report immediately shall be made to the	137954
department and to the county board.	137955

(2) All of the following persons are required to make a	137956
report under division (C)(1) of this section:	137957

(a) Any physician, including a hospital intern or resident,	137958
any dentist, podiatrist, chiropractor, practitioner of a limited	137959
branch of medicine as specified in section 4731.15 of the Revised	137960
Code, hospital administrator or employee of a hospital, nurse	137961
licensed under Chapter 4723. of the Revised Code, employee of an	137962
ambulatory health facility as defined in section 5101.61 of the	137963
Revised Code, employee of a home health agency, employee of an	137964
adult care facility licensed under Chapter 3722. of the Revised	137965
Code, or employee of a community mental health facility;	137966

(b) Any school teacher or school authority, social worker,	137967
psychologist, attorney, peace officer, coroner, or residents'	137968
rights advocate as defined in section 3721.10 of the Revised Code;	137969

(c) A superintendent, board member, or employee of a county	137970
board of developmental disabilities; an administrator, board	137971
member, or employee of a residential facility licensed under	137972
section 5123.19 of the Revised Code; an administrator, board	137973
member, or employee of any other public or private provider of	137974
services to a person with mental retardation or a developmental	137975
disability, or any MR/DD employee, as defined in section 5123.50	137976
of the Revised Code;	137977

(d) A member of a citizen's advisory council established at	137978
an institution or branch institution of the department of	137979
developmental disabilities under section 5123.092 of the Revised	137980
Code;	137981

(e) A clergyman who is employed in a position that includes	137982
providing specialized services to an individual with mental	137983
retardation or another developmental disability, while acting in	137984
an official or professional capacity in that position, or a person	137985
who is employed in a position that includes providing specialized	137986
services to an individual with mental retardation or another	137987
developmental disability and who, while acting in an official or	137988
professional capacity, renders spiritual treatment through prayer	137989
in accordance with the tenets of an organized religion.	137990

(3)(a) The reporting requirements of this division do not	137991
apply to ~~members of the legal rights service commission or to~~	137992
employees of the ~~legal rights service~~Ohio protection and advocacy	137993
system.	137994

(b) An attorney or physician is not required to make a report	137995
pursuant to division (C)(1) of this section concerning any	137996
communication the attorney or physician receives from a client or	137997
patient in an attorney-client or physician-patient relationship,	137998
if, in accordance with division (A) or (B) of section 2317.02 of	137999
the Revised Code, the attorney or physician could not testify with	138000
respect to that communication in a civil or criminal proceeding,	138001
except that the client or patient is deemed to have waived any	138002
testimonial privilege under division (A) or (B) of section 2317.02	138003
of the Revised Code with respect to that communication and the	138004
attorney or physician shall make a report pursuant to division	138005
(C)(1) of this section, if both of the following apply:	138006

(i) The client or patient, at the time of the communication,	138007
is a person with mental retardation or a developmental disability.	138008

(ii) The attorney or physician knows or suspects, as a result	138009
of the communication or any observations made during that	138010
communication, that the client or patient has suffered or faces a	138011
substantial risk of suffering any wound, injury, disability, or	138012
condition of a nature that reasonably indicates abuse or neglect	138013
of the client or patient.	138014

(4) Any person who fails to make a report required under	138015
division (C) of this section and who is an MR/DD employee, as	138016
defined in section 5123.50 of the Revised Code, shall be eligible	138017
to be included in the registry regarding misappropriation, abuse,	138018
neglect, or other specified misconduct by MR/DD employees	138019
established under section 5123.52 of the Revised Code.	138020

(D) The reports required under division (C) of this section	138021
shall be made forthwith by telephone or in person and shall be	138022
followed by a written report. The reports shall contain the	138023
following:	138024

(1) The names and addresses of the person with mental	138025
retardation or a developmental disability and the person's	138026
custodian, if known;	138027

(2) The age of the person with mental retardation or a	138028
developmental disability;	138029

(3) Any other information that would assist in the	138030
investigation of the report.	138031

(E) When a physician performing services as a member of the	138032
staff of a hospital or similar institution has reason to believe	138033
that a person with mental retardation or a developmental	138034
disability has suffered injury, abuse, or physical neglect, the	138035
physician shall notify the person in charge of the institution or	138036
that person's designated delegate, who shall make the necessary	138037
reports.	138038

(F) Any person having reasonable cause to believe that a	138039
person with mental retardation or a developmental disability has	138040
suffered or faces a substantial risk of suffering abuse or neglect	138041
may report or cause a report to be made of that belief to the	138042
entity specified in this division. Except as provided in section	138043
5120.173 of the Revised Code or as otherwise provided in this	138044
division, the person making the report shall make it to a law	138045
enforcement agency or the county board of developmental	138046
disabilities. If the person is a resident of a facility operated	138047
by the department of developmental disabilities, the report shall	138048
be made to a law enforcement agency or to the department. If the	138049
report concerns any act or omission of an employee of a county	138050
board of developmental disabilities, the report immediately shall	138051
be made to the department and to the county board.	138052

(G)(1) Upon the receipt of a report concerning the possible	138053
abuse or neglect of a person with mental retardation or a	138054
developmental disability, the law enforcement agency shall inform	138055
the county board of developmental disabilities or, if the person	138056
is a resident of a facility operated by the department of	138057
developmental disabilities, the director of the department or the	138058
director's designee.	138059

(2) On receipt of a report under this section that includes	138060
an allegation of action or inaction that may constitute a crime	138061
under federal law or the law of this state, the department of	138062
developmental disabilities shall notify the law enforcement	138063
agency.	138064

(3) When a county board of developmental disabilities	138065
receives a report under this section that includes an allegation	138066
of action or inaction that may constitute a crime under federal	138067
law or the law of this state, the superintendent of the board or	138068
an individual the superintendent designates under division (H) of	138069
this section shall notify the law enforcement agency. The	138070
superintendent or individual shall notify the department of	138071
developmental disabilities when it receives any report under this	138072
section.	138073

(4) When a county board of developmental disabilities	138074
receives a report under this section and believes that the degree	138075
of risk to the person is such that the report is an emergency, the	138076
superintendent of the board or an employee of the board the	138077
superintendent designates shall attempt a face-to-face contact	138078
with the person with mental retardation or a developmental	138079
disability who allegedly is the victim within one hour of the	138080
board's receipt of the report.	138081

(H) The superintendent of the board may designate an	138082
individual to be responsible for notifying the law enforcement	138083
agency and the department when the county board receives a report	138084
under this section.	138085

(I) An adult with mental retardation or a developmental	138086
disability about whom a report is made may be removed from the	138087
adult's place of residence only by law enforcement officers who	138088
consider that the adult's immediate removal is essential to	138089
protect the adult from further injury or abuse or in accordance	138090
with the order of a court made pursuant to section 5126.33 of the	138091
Revised Code.	138092

(J) A law enforcement agency shall investigate each report of	138093
abuse or neglect it receives under this section. In addition, the	138094
department, in cooperation with law enforcement officials, shall	138095
investigate each report regarding a resident of a facility	138096
operated by the department to determine the circumstances	138097
surrounding the injury, the cause of the injury, and the person	138098
responsible. The investigation shall be in accordance with the	138099
memorandum of understanding prepared under section 5126.058 of the	138100
Revised Code. The department shall determine, with the registry	138101
office which shall be maintained by the department, whether prior	138102
reports have been made concerning an adult with mental retardation	138103
or a developmental disability or other principals in the case. If	138104
the department finds that the report involves action or inaction	138105
that may constitute a crime under federal law or the law of this	138106
state, it shall submit a report of its investigation, in writing,	138107
to the law enforcement agency. If the person with mental	138108
retardation or a developmental disability is an adult, with the	138109
consent of the adult, the department shall provide such protective	138110
services as are necessary to protect the adult. The law	138111
enforcement agency shall make a written report of its findings to	138112
the department.	138113

If the person is an adult and is not a resident of a facility	138114
operated by the department, the county board of developmental	138115
disabilities shall review the report of abuse or neglect in	138116
accordance with sections 5126.30 to 5126.33 of the Revised Code	138117
and the law enforcement agency shall make the written report of	138118
its findings to the county board.	138119

(K) Any person or any hospital, institution, school, health	138120
department, or agency participating in the making of reports	138121
pursuant to this section, any person participating as a witness in	138122
an administrative or judicial proceeding resulting from the	138123
reports, or any person or governmental entity that discharges	138124
responsibilities under sections 5126.31 to 5126.33 of the Revised	138125
Code shall be immune from any civil or criminal liability that	138126
might otherwise be incurred or imposed as a result of such actions	138127
except liability for perjury, unless the person or governmental	138128
entity has acted in bad faith or with malicious purpose.	138129

(L) No employer or any person with the authority to do so	138130
shall discharge, demote, transfer, prepare a negative work	138131
performance evaluation, reduce pay or benefits, terminate work	138132
privileges, or take any other action detrimental to an employee or	138133
retaliate against an employee as a result of the employee's having	138134
made a report under this section. This division does not preclude	138135
an employer or person with authority from taking action with	138136
regard to an employee who has made a report under this section if	138137
there is another reasonable basis for the action.	138138

(M) Reports made under this section are not public records as	138139
defined in section 149.43 of the Revised Code. Information	138140
contained in the reports on request shall be made available to the	138141
person who is the subject of the report, to the person's legal	138142
counsel, and to agencies authorized to receive information in the	138143
report by the department or by a county board of developmental	138144
disabilities.	138145

(N) Notwithstanding section 4731.22 of the Revised Code, the	138146
physician-patient privilege shall not be a ground for excluding	138147
evidence regarding the injuries or physical neglect of a person	138148
with mental retardation or a developmental disability or the cause	138149
thereof in any judicial proceeding resulting from a report	138150
submitted pursuant to this section.	138151

Sec. 5123.63. Every state agency, county board of	138152
developmental disabilities, or political subdivision that provides	138153
services, either directly or through a contract, to persons with	138154
mental retardation or a developmental disability shall give each	138155
provider a copy of the list of rights contained in section 5123.62	138156
of the Revised Code. Each public and private provider of services	138157
shall carry out the requirements of this section in addition to	138158
any other posting or notification requirements imposed by local,	138159
state, or federal law or rules.	138160

The provider shall make copies of the list of rights and	138161
shall be responsible for an initial distribution of the list to	138162
each individual receiving services from the provider. If the	138163
individual is unable to read the list, the provider shall	138164
communicate the contents of the list to the individual to the	138165
extent practicable in a manner that the individual understands.	138166
The individual receiving services or the parent, guardian, or	138167
advocate of the individual shall sign an acknowledgement of	138168
receipt of a copy of the list of rights, and a copy of the signed	138169
acknowledgement shall be placed in the individual's file. The	138170
provider shall also be responsible for answering any questions and	138171
giving any explanations necessary to assist the individual to	138172
understand the rights enumerated. Instruction in these rights	138173
shall be documented.	138174

Each provider shall make available to all persons receiving	138175
services and all employees and visitors a copy of the list of	138176
rights and the addresses and telephone numbers of the ~~legal rights~~	138177
~~service~~Ohio protection and advocacy system, the department of	138178
developmental disabilities, and the county board of developmental	138179
disabilities of the county in which the provider provides	138180
services.	138181

Sec. 5123.64. (A) Every provider of services to persons with	138182
mental retardation or a developmental disability shall establish	138183
policies and programs to ensure that all staff members are	138184
familiar with the rights enumerated in section 5123.62 of the	138185
Revised Code and observe those rights in their contacts with	138186
persons receiving services. Any policy, procedure, or rule of the	138187
provider that conflicts with any of the rights enumerated shall be	138188
null and void. Every provider shall establish written procedures	138189
for resolving complaints of violations of those rights. A copy of	138190
the procedures shall be provided to any person receiving services	138191
or to any parent, guardian, or advocate of a person receiving	138192
services.	138193

(B) Any person with mental retardation or a developmental	138194
disability who believes that the person's rights as enumerated in	138195
section 5123.62 of the Revised Code have been violated may:	138196

(1) Bring the violation to the attention of the provider for	138197
resolution;	138198

(2) Report the violation to the department of developmental	138199
disabilities, the ~~ombudsperson section of the legal rights service~~	138200
Ohio protection and advocacy system, or the appropriate county	138201
board of developmental disabilities;	138202

(3) Take any other appropriate action to ensure compliance	138203
with sections ~~5123.60~~5123.61 to 5123.64 of the Revised Code,	138204
including the filing of a legal action to enforce rights or to	138205
recover damages for violation of rights.	138206

Sec. 5123.69. (A) Except as provided in division ~~(E)~~(D) of	138207
this section, any person who is eighteen years of age or older and	138208
who is or believes self to be mentally retarded may make written	138209
application to the managing officer of any institution for	138210
voluntary admission. Except as provided in division ~~(E)~~(D) of this	138211
section, the application may be made on behalf of a minor by a	138212
parent or guardian, and on behalf of an adult adjudicated mentally	138213
incompetent by a guardian.	138214

(B) The managing officer of an institution, with the	138215
concurrence of the chief program director, may admit a person	138216
applying pursuant to this section only after a comprehensive	138217
evaluation has been made of the person and only if the	138218
comprehensive evaluation concludes that the person is mentally	138219
retarded and would benefit significantly from admission.	138220

(C) ~~If application for voluntary admission of a minor or of a~~	138221
~~person adjudicated mentally incompetent is made by the parent or~~	138222
~~guardian of the minor or by the guardian of an incompetent and the~~	138223
~~minor or incompetent is admitted, the probate division of the~~	138224
~~court of common pleas shall determine, upon petition by the legal~~	138225
~~rights service, whether the voluntary admission or continued~~	138226
~~institutionalization is in the best interest of the minor or~~	138227
~~incompetent.~~	138228

~~(D)~~ The managing officer shall discharge any voluntary	138229
resident if, in the judgment of the chief program director, the	138230
results of a comprehensive examination indicate that	138231
institutionalization no longer is advisable. In light of the	138232
results of the comprehensive evaluation, the managing officer also	138233
may discharge any voluntary resident if, in the judgment of the	138234
chief program director, the discharge would contribute to the most	138235
effective use of the institution in the habilitation and care of	138236
the mentally retarded.	138237

~~(E)~~(D) A person who is found incompetent to stand trial or	138238
not guilty by reason of insanity and who is committed pursuant to	138239
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	138240
Code shall not voluntarily commit self pursuant to this section	138241
until after the final termination of the commitment, as described	138242
in division (J) of section 2945.401 of the Revised Code.	138243

Sec. 5123.701. (A) Except as provided in division ~~(E)~~(D) of	138244
this section, any person in the community who is eighteen years of	138245
age or older and who is or believes self to be mentally retarded	138246
may make written application to the managing officer of any	138247
institution for temporary admission for short-term care. The	138248
application may be made on behalf of a minor by a parent or	138249
guardian, and on behalf of an adult adjudicated mentally	138250
incompetent by a guardian.	138251

(B) For purposes of this section, short-term care shall be	138252
defined to mean appropriate services provided to a person with	138253
mental retardation for no more than fourteen consecutive days and	138254
for no more than forty-two days in a fiscal year. When	138255
circumstances warrant, the fourteen-day period may be extended at	138256
the discretion of the managing officer. Short-term care is	138257
provided in a developmental center to meet the family's or	138258
caretaker's needs for separation from the person with mental	138259
retardation.	138260

(C) The managing officer of an institution, with the	138261
concurrence of the chief program director, may admit a person for	138262
short-term care only after a medical examination has been made of	138263
the person and only if the managing officer concludes that the	138264
person is mentally retarded.	138265

(D) ~~If application for admission for short-term care of a~~	138266
~~minor or of a person adjudicated mentally incompetent is made by~~	138267
~~the minor's parent or guardian or by the incompetent's guardian~~	138268
~~and the minor or incompetent is admitted, the probate division of~~	138269
~~the court of common pleas shall determine, upon petition by the~~	138270
~~legal rights service, whether the admission for short-term care is~~	138271
~~in the best interest of the minor or the incompetent.~~	138272

~~(E)~~ A person who is found not guilty by reason of insanity	138273
shall not admit self to an institution for short-term care unless	138274
a hearing was held regarding the person pursuant to division (A)	138275
of section 2945.40 of the Revised Code and either of the following	138276
applies:	138277

(1) The person was found at the hearing not to be a mentally	138278
retarded person subject to institutionalization by court order;	138279

(2) The person was found at the hearing to be a mentally	138280
retarded person subject to institutionalization by court order,	138281
was involuntarily committed, and was finally discharged.	138282

~~(F)~~(E) The mentally retarded person, liable relatives, and	138283
guardians of mentally retarded persons admitted for respite care	138284
shall pay support charges in accordance with sections 5121.01 to	138285
5121.21 of the Revised Code.	138286

~~(G)~~(F) At the conclusion of each period of short-term care,	138287
the person shall return to the person's family or caretaker. Under	138288
no circumstances shall a person admitted for short-term care	138289
according to this section remain in the institution after the	138290
period of short-term care unless the person is admitted according	138291
to section 5123.70, sections 5123.71 to 5123.76, or section	138292
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	138293
Code.	138294

Sec. 5123.86. (A) Except as provided in divisions (C), (D),	138295
(E), and (F) of this section, the chief medical officer shall	138296
provide all information, including expected physical and medical	138297
consequences, necessary to enable any resident of an institution	138298
for the mentally retarded to give a fully informed, intelligent,	138299
and knowing consent if any of the following procedures are	138300
proposed:	138301

(1) Surgery;

138302

(2) Convulsive therapy;

138303

(3) Major aversive interventions;

138304

(4) Sterilization;

138305

(5) Experimental procedures;

138306

(6) Any unusual or hazardous treatment procedures.

138307

(B) No resident shall be subjected to any of the procedures	138308
listed in division (A)(4), (5), or (6) of this section without the	138309
resident's informed consent.	138310

(C) If a resident is physically or mentally unable to receive	138311
the information required for surgery under division (A)(1) of this	138312
section, or has been adjudicated incompetent, the information may	138313
be provided to the resident's natural or court-appointed guardian,	138314
including an agency providing guardianship services under contract	138315
with the department of developmental disabilities under sections	138316
5123.55 to 5123.59 of the Revised Code, who may give the informed,	138317
intelligent, and knowing written consent for surgery. Consent for	138318
surgery shall not be provided by a guardian who is an officer or	138319
employee of the department of mental health or the department of	138320
developmental disabilities.	138321

If a resident is physically or mentally unable to receive the	138322
information required for surgery under division (A)(1) of this	138323
section and has no guardian, then the information, the	138324
recommendation of the chief medical officer, and the concurring	138325
judgment of a licensed physician who is not a full-time employee	138326
of the state may be provided to the court in the county in which	138327
the institution is located, which may approve the surgery. Before	138328
approving the surgery, the court shall notify the ~~legal rights~~	138329
~~service~~Ohio protection and advocacy system created by section	138330
5123.60 of the Revised Code, and shall notify the resident of the	138331
resident's rights to consult with counsel, to have counsel	138332
appointed by the court if the resident is indigent, and to contest	138333
the recommendation of the chief medical officer.	138334

(D) If, in the judgment of two licensed physicians, delay in	138335
obtaining consent for surgery would create a grave danger to the	138336
health of a resident, emergency surgery may be performed without	138337
the consent of the resident if the necessary information is	138338
provided to the resident's guardian, including an agency providing	138339
guardianship services under contract with the department of	138340
developmental disabilities under sections 5123.55 to 5123.59 of	138341
the Revised Code, or to the resident's spouse or next of kin to	138342
enable that person or agency to give an informed, intelligent, and	138343
knowing written consent.	138344

If the guardian, spouse, or next of kin cannot be contacted	138345
through exercise of reasonable diligence, or if the guardian,	138346
spouse, or next of kin is contacted, but refuses to consent, then	138347
the emergency surgery may be performed upon the written	138348
authorization of the chief medical officer and after court	138349
approval has been obtained. However, if delay in obtaining court	138350
approval would create a grave danger to the life of the resident,	138351
the chief medical officer may authorize surgery, in writing,	138352
without court approval. If the surgery is authorized without court	138353
approval, the chief medical officer who made the authorization and	138354
the physician who performed the surgery shall each execute an	138355
affidavit describing the circumstances constituting the emergency	138356
and warranting the surgery and the circumstances warranting their	138357
not obtaining prior court approval. The affidavit shall be filed	138358
with the court with which the request for prior approval would	138359
have been filed within five court days after the surgery, and a	138360
copy of the affidavit shall be placed in the resident's file and	138361
shall be given to the guardian, spouse, or next of kin of the	138362
resident, to the hospital at which the surgery was performed, and	138363
to the ~~legal rights service~~Ohio protection and advocacy system	138364
created by section 5123.60 of the Revised Code.	138365

(E)(1) If it is the judgment of two licensed physicians, as	138366
described in division (E)(2) of this section, that a medical	138367
emergency exists and delay in obtaining convulsive therapy creates	138368
a grave danger to the life of a resident who is both mentally	138369
retarded and mentally ill, convulsive therapy may be administered	138370
without the consent of the resident if the resident is physically	138371
or mentally unable to receive the information required for	138372
convulsive therapy and if the necessary information is provided to	138373
the resident's natural or court-appointed guardian, including an	138374
agency providing guardianship services under contract with the	138375
department of developmental disabilities under sections 5123.55 to	138376
5123.59 of the Revised Code, or to the resident's spouse or next	138377
of kin to enable that person or agency to give an informed,	138378
intelligent, and knowing written consent. If neither the	138379
resident's guardian, spouse, nor next of kin can be contacted	138380
through exercise of reasonable diligence, or if the guardian,	138381
spouse, or next of kin is contacted, but refuses to consent, then	138382
convulsive therapy may be performed upon the written authorization	138383
of the chief medical officer and after court approval has been	138384
obtained.	138385

(2) The two licensed physicians referred to in division	138386
(E)(1) of this section shall not be associated with each other in	138387
the practice of medicine or surgery by means of a partnership or	138388
corporate arrangement, other business arrangement, or employment.	138389
At least one of the physicians shall be a psychiatrist as defined	138390
in division (E) of section 5122.01 of the Revised Code.	138391

(F) Major aversive interventions shall not be used unless a	138392
resident continues to engage in behavior destructive to self or	138393
others after other forms of therapy have been attempted. ~~The~~	138394
~~director of the legal rights service created by section 5123.60 of~~	138395
~~the Revised Code shall be notified of any proposed major aversive~~	138396
~~intervention.~~ Major aversive interventions shall not be applied to	138397
a voluntary resident without the informed, intelligent, and	138398
knowing written consent of the resident or the resident's	138399
guardian, including an agency providing guardianship services	138400
under contract with the department of developmental disabilities	138401
under sections 5123.55 to 5123.59 of the Revised Code.	138402

(G)(1) This chapter does not authorize any form of compulsory	138403
medical or psychiatric treatment of any resident who is being	138404
treated by spiritual means through prayer alone in accordance with	138405
a recognized religious method of healing.	138406

(2) For purposes of this section, "convulsive therapy" does	138407
not include defibrillation.	138408

Sec. 5123.99. (A) Whoever violates section 5123.16 or	138409
5123.20 of the Revised Code is guilty of a misdemeanor of the	138410
first degree.	138411

(B) Whoever violates division (C), (E), or (G)(3) of section	138412
5123.61 of the Revised Code is guilty of a misdemeanor of the	138413
fourth degree or, if the abuse or neglect constitutes a felony, a	138414
misdemeanor of the second degree. In addition to any other	138415
sanction or penalty authorized or required by law, if a person who	138416
is convicted of or pleads guilty to a violation of division (C),	138417
(E), or (G)(3) of section 5123.61 of the Revised Code is an MR/DD	138418
employee, as defined in section 5123.50 of the Revised Code, the	138419
offender shall be eligible to be included in the registry	138420
regarding misappropriation, abuse, neglect, or other specified	138421
misconduct by MR/DD employees established under section 5123.52 of	138422
the Revised Code.	138423

~~(C) Whoever violates division (A) of section 5123.604 of the~~	138424
~~Revised Code is guilty of a misdemeanor of the second degree.~~	138425

~~(D) Whoever violates division (B) of section 5123.604 of the~~	138426
~~Revised Code shall be fined not more than one thousand dollars.~~	138427
~~Each violation constitutes a separate offense.~~	138428

Sec. 5126.33. (A) A county board of developmental	138429
disabilities may file a complaint with the probate court of the	138430
county in which an adult with mental retardation or a	138431
developmental disability resides for an order authorizing the	138432
board to arrange services described in division (C) of section	138433
5126.31 of the Revised Code for that adult if the adult is	138434
eligible to receive services or support under section 5126.041 of	138435
the Revised Code and the board has been unable to secure consent.	138436
The complaint shall include:	138437

(1) The name, age, and address of the adult;

138438

(2) Facts describing the nature of the abuse, neglect, or	138439
exploitation and supporting the board's belief that services are	138440
needed;	138441

(3) The types of services proposed by the board, as set forth	138442
in the protective service plan described in division (J) of	138443
section 5126.30 of the Revised Code and filed with the complaint;	138444

(4) Facts showing the board's attempts to obtain the consent	138445
of the adult or the adult's guardian to the services.	138446

(B) The board shall give the adult notice of the filing of	138447
the complaint and in simple and clear language shall inform the	138448
adult of the adult's rights in the hearing under division (C) of	138449
this section and explain the consequences of a court order. This	138450
notice shall be personally served upon all parties, and also shall	138451
be given to the adult's legal counsel, if any~~, and the legal~~	138452
~~rights service~~. The notice shall be given at least twenty-four	138453
hours prior to the hearing, although the court may waive this	138454
requirement upon a showing that there is a substantial risk that	138455
the adult will suffer immediate physical harm in the twenty-four	138456
hour period and that the board has made reasonable attempts to	138457
give the notice required by this division.	138458

(C) Upon the filing of a complaint for an order under this	138459
section, the court shall hold a hearing at least twenty-four hours	138460
and no later than seventy-two hours after the notice under	138461
division (B) of this section has been given unless the court has	138462
waived the notice. All parties shall have the right to be present	138463
at the hearing, present evidence, and examine and cross-examine	138464
witnesses. The Ohio Rules of Evidence shall apply to a hearing	138465
conducted pursuant to this division. The adult shall be	138466
represented by counsel unless the court finds that the adult has	138467
made a voluntary, informed, and knowing waiver of the right to	138468
counsel. If the adult is indigent, the court shall appoint counsel	138469
to represent the adult. The board shall be represented by the	138470
county prosecutor or an attorney designated by the board.	138471

(D)(1) The court shall issue an order authorizing the board	138472
to arrange the protective services if it finds, on the basis of	138473
clear and convincing evidence, all of the following:	138474

(a) The adult has been abused, neglected, or exploited;

138475

(b) The adult is incapacitated;

138476

(c) There is a substantial risk to the adult of immediate	138477
physical harm or death;	138478

(d) The adult is in need of the services;

138479

(e) No person authorized by law or court order to give	138480
consent for the adult is available or willing to consent to the	138481
services.	138482

(2) The board shall develop a detailed protective service	138483
plan describing the services that the board will provide, or	138484
arrange for the provision of, to the adult to prevent further	138485
abuse, neglect, or exploitation. The board shall submit the plan	138486
to the court for approval. The protective service plan may be	138487
changed only by court order.	138488

(3) In formulating the order, the court shall consider the	138489
individual protective service plan and shall specifically	138490
designate the services that are necessary to deal with the abuse,	138491
neglect, or exploitation or condition resulting from abuse,	138492
neglect, or exploitation and that are available locally, and	138493
authorize the board to arrange for these services only. The court	138494
shall limit the provision of these services to a period not	138495
exceeding six months, renewable for an additional six-month period	138496
on a showing by the board that continuation of the order is	138497
necessary.	138498

(E) If the court finds that all other options for meeting the	138499
adult's needs have been exhausted, it may order that the adult be	138500
removed from the adult's place of residence and placed in another	138501
residential setting. Before issuing that order, the court shall	138502
consider the adult's choice of residence and shall determine that	138503
the new residential setting is the least restrictive alternative	138504
available for meeting the adult's needs and is a place where the	138505
adult can obtain the necessary requirements for daily living in	138506
safety. The court shall not order an adult to a hospital or public	138507
hospital as defined in section 5122.01 or a state institution as	138508
defined in section 5123.01 of the Revised Code.	138509

(F) The court shall not authorize a change in an adult's	138510
placement ordered under division (E) of this section unless it	138511
finds compelling reasons to justify a change. The parties to whom	138512
notice was given in division (B) of this section shall be given	138513
notice of a proposed change at least five working days prior to	138514
the change.	138515

(G) The adult, the board, or any other person who received	138516
notice of the petition may file a motion for modification of the	138517
court order at any time.	138518

(H) The county board shall pay court costs incurred in	138519
proceedings brought pursuant to this section. The adult shall not	138520
be required to pay for court-ordered services.	138521

(I)(1) After the filing of a complaint for an order under	138522
this section, the court, prior to the final disposition, may enter	138523
any temporary order that the court finds necessary to protect the	138524
adult with mental retardation or a developmental disability from	138525
abuse, neglect, or exploitation including, but not limited to, the	138526
following:	138527

(a) A temporary protection order;

138528

(b) An order requiring the evaluation of the adult;

138529

(c) An order requiring a party to vacate the adult's place of	138530
residence or legal settlement, provided that, subject to division	138531
(K)(1)(d) of this section, no operator of a residential facility	138532
licensed by the department may be removed under this division;	138533

(d) In the circumstances described in, and in accordance with	138534
the procedures set forth in, section 5123.191 of the Revised Code,	138535
an order of the type described in that section that appoints a	138536
receiver to take possession of and operate a residential facility	138537
licensed by the department.	138538

(2) The court may grant an ex parte order pursuant to this	138539
division on its own motion or if a party files a written motion or	138540
makes an oral motion requesting the issuance of the order and	138541
stating the reasons for it if it appears to the court that the	138542
best interest and the welfare of the adult require that the court	138543
issue the order immediately. The court, if acting on its own	138544
motion, or the person requesting the granting of an ex parte	138545
order, to the extent possible, shall give notice of its intent or	138546
of the request to all parties, the adult's legal counsel, if any,	138547
~~and the legal rights service~~. If the court issues an ex parte	138548
order, the court shall hold a hearing to review the order within	138549
seventy-two hours after it is issued or before the end of the next	138550
day after the day on which it is issued, whichever occurs first.	138551
The court shall give written notice of the hearing to all parties	138552
to the action.	138553

Section 120.21. That existing sections 3721.16, 5111.709,	138554
5119.221, 5122.01, 5122.02, 5122.27, 5122.271, 5122.29, 5122.31,	138555
5122.32, 5123.092, 5123.19, 5123.191, 5123.35, 5123.60, 5123.61,	138556
5123.63, 5123.64, 5123.69, 5123.701, 5123.86, 5123.99, and 5126.33	138557
of the Revised Code are hereby repealed.	138558

Section 120.22. That sections 5123.601, 5123.602, 5123.603,	138559
5123.604, and 5123.605 of the Revised Code are hereby repealed.	138560

Section 120.23. Sections 120.20, 120.21, and 120.22 of this	138561
act take effect October 1, 2012.	138562

Section 201.10. Except as otherwise provided in this act,	138563
all appropriation items in this act are appropriated out of any	138564
moneys in the state treasury to the credit of the designated fund	138565
that are not otherwise appropriated. For all appropriations made	138566
in this act, the amounts in the first column are for fiscal year	138567
2012 and the amounts in the second column are for fiscal year	138568
2013.	138569

Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO

138570

General Services Fund Group	138571

4J80	889601	CPA Education Assistance	$	200,000	$	200,000	138572
4K90	889609	Operating Expenses	$	977,200	$	977,500	138573
TOTAL GSF General Services Fund							138574
Group			$	1,177,200	$	1,177,500	138575
TOTAL ALL BUDGET FUND GROUPS			$	1,177,200	$	1,177,500	138576

Section 205.10. ADJ ADJUTANT GENERAL

138578

General Revenue Fund	138579

GRF	745401	Ohio Military Reserve	$	12,308	$	12,308	138580
GRF	745404	Air National Guard	$	1,810,606	$	1,810,606	138581
GRF	745407	National Guard Benefits	$	400,000	$	400,000	138582
GRF	745409	Central Administration	$	2,692,098	$	2,692,098	138583
GRF	745499	Army National Guard	$	3,687,888	$	3,689,871	138584
TOTAL GRF General Revenue Fund			$	8,602,900	$	8,604,883	138585

General Services Fund Group	138586

5340	745612	Property Operations Management	$	534,304	$	534,304	138587
5360	745605	Marksmanship Activities	$	128,600	$	128,600	138588
5360	745620	Camp Perry and Buckeye Inn Operations	$	1,178,311	$	978,846	138589
5370	745604	Ohio National Guard Facilities Maintenance	$	62,000	$	62,000	138590
TOTAL GSF General Services Fund Group			$	1,903,215	$	1,703,750	138591

Federal Special Revenue Fund Group	138592

3410	745615	Air National Guard Base Security	$	2,977,692	$	2,977,692	138593
3420	745616	Army National Guard Service Agreement	$	10,970,050	$	10,970,050	138594
3E80	745628	Air National Guard Operations and Maintenance	$	16,958,595	$	16,958,595	138595
3R80	745603	Counter Drug Operations	$	25,000	$	25,000	138596
TOTAL FED Federal Special Revenue Fund Group			$	30,931,337	$	30,931,337	138597

State Special Revenue Fund Group	138598

5U80	745613		Community Match Armories		$	250,000		$	250,000		138599
TOTAL SSR State Special Revenue Fund Group					$	250,000		$	250,000		138600

TOTAL ALL BUDGET FUND GROUPS

41,687,452

41,489,970

138601

NATIONAL GUARD BENEFITS

138602

The foregoing appropriation item 745407, National Guard	138603
Benefits, shall be used for purposes of sections 5919.31 and	138604
5919.33 of the Revised Code, and for administrative costs of the	138605
associated programs.	138606

For active duty members of the Ohio National Guard who died	138607
after October 7, 2001, while performing active duty, the death	138608
benefit, pursuant to section 5919.33 of the Revised Code, shall be	138609
paid to the beneficiary or beneficiaries designated on the	138610
member's Servicemembers' Group Life Insurance Policy.	138611

STATE ACTIVE DUTY COSTS

138612

Of the foregoing appropriation item 745409, Central	138613
Administration, $50,000 in each fiscal year shall be used for the	138614
purpose of paying expenses related to state active duty of members	138615
of the Ohio organized militia, in accordance with a proclamation	138616
of the Governor. Expenses include, but are not limited to, the	138617
cost of equipment, supplies, and services, as determined by the	138618
Adjutant General's Department.	138619

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

138620

General Revenue Fund	138621

GRF	100403	Public Employees Health Care Program	$	400,000	$	400,000	138622
GRF	100415	OAKS Rental Payments	$	23,024,500	$	23,006,300	138623
GRF	100416	STARS Lease Rental Payments	$	4,970,700	$	4,971,300	138624
GRF	100418	Web Sites and Business Gateway	$	2,895,063	$	2,795,176	138625
GRF	100419	IT Security Infrastructure	$	742,535	$	742,648	138626
GRF	100439	Equal Opportunity Certification Programs	$	625,000	$	625,000	138627
GRF	100447	OBA - Building Rent Payments	$	53,260,000	$	83,504,200	138628
GRF	100448	OBA - Building Operating Payments	$	21,000,000	$	21,000,000	138629
GRF	100449	DAS - Building Operating Payments	$	7,551,245	$	7,551,571	138630
GRF	100451	Minority Affairs	$	24,016	$	24,016	138631
GRF	130321	State Agency Support Services	$	2,779,457	$	2,780,032	138632
TOTAL GRF General Revenue Fund			$	117,272,516	$	147,400,243	138633

General Services Fund Group	138634

1120	100616	DAS Administration	$	4,900,000	$	4,900,000	138635
1150	100632	Central Service Agency	$	911,995	$	912,305	138636
1170	100644	General Services Division - Operating	$	13,000,000	$	13,000,000	138637
1220	100637	Fleet Management	$	2,000,000	$	2,000,000	138638
1250	100622	Human Resources Division - Operating	$	16,922,295	$	16,717,009	138639
1250	100657	Benefits Communication	$	925,586	$	921,531	138640
1280	100620	Collective Bargaining	$	3,462,529	$	3,464,148	138641
1300	100606	Risk Management Reserve	$	6,000,000	$	7,000,000	138642
1310	100639	State Architect's Office	$	9,812,132	$	9,813,342	138643
1320	100631	DAS Building Management	$	11,000,000	$	11,000,000	138644
1330	100607	IT Services Delivery	$	58,088,940	$	58,103,005	138645
1880	100649	Equal Opportunity Division - Operating	$	939,559	$	863,013	138646
2100	100612	State Printing	$	25,000,000	$	25,000,000	138647
2290	100630	IT Governance	$	14,000,000	$	14,000,000	138648
2290	100640	Leveraged Enterprise Purchases	$	3,000,000	$	3,000,000	138649
4270	100602	Investment Recovery	$	4,100,000	$	4,100,000	138650
4N60	100617	Major IT Purchases	$	1,950,000	$	4,950,000	138651
4P30	100603	DAS Information Services	$	5,047,565	$	4,979,392	138652
5C20	100605	MARCS Administration	$	14,075,705	$	14,077,467	138653
5C30	100608	Skilled Trades	$	404,297	$	404,375	138654
5EB0	100635	OAKS Support Organization	$	19,000,539	$	19,003,108	138655
5EB0	100656	OAKS Updates and Developments	$	12,265,952	$	8,743,462	138656
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	138657
5L70	100610	Professional Development	$	2,496,679	$	2,496,760	138658
5V60	100619	Employee Educational Development	$	800,000	$	850,000	138659
5X30	100634	Centralized Gateway Enhancement	$	2,052,308	$	2,052,308	138660
TOTAL GSF General Services Fund							138661
Group			$	232,306,081	$	232,501,225	138662

Federal Special Revenue Fund Group	138663

3AJ0	100654	ARRA Broadband Mapping Grant	$	270,756	$	106,347	138664
TOTAL FED Federal Special Revenue							138665
Fund Group			$	270,756	$	106,347	138666

State Special Revenue Fund Group	138667

5JQ0	100658	Professions Licensing System	$	2,000,000	$	1,000,000	138668
TOTAL SSR State Special Revenue							138669
Fund Group			$	2,000,000	$	1,000,000	138670
TOTAL ALL BUDGET FUND GROUPS			$	351,849,353	$	381,007,815	138671

Section 207.10.10. PUBLIC EMPLOYEES HEALTH CARE PROGRAM

138673

The foregoing appropriation item 100403, Public Employees	138674
Health Care Program, shall be used by the Department of	138675
Administrative Services to carry out its duties prescribed in	138676
Section 515.60 of this act.	138677

Section 207.10.20. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM

138678

The Ohio Administrative Knowledge System (OAKS) is an	138679
enterprise resource planning system that replaced the state's	138680
central services infrastructure systems, including, but not	138681
limited to, the Central Accounting System, the Human	138682
Resources/Payroll System, the Capital Improvements Projects	138683
Tracking System, the Fixed Assets Management System, and the	138684
Procurement System. The Department of Administrative Services, in	138685
conjunction with the Office of Budget and Management, may update	138686
or add functionality to the OAKS system that will support shared	138687
services, financial or human resources functions, and enterprise	138688
applications that improve the state's operational efficiency. This	138689
includes, but is not limited to, the installation and	138690
implementation of hardware and software. Any lease-purchase	138691
arrangement entered into under Chapter 125. of the Revised Code to	138692
finance the OAKS system and the enhancements described above,	138693
including any fractionalized interest therein, as defined in	138694
division (N) of section 133.01 of the Revised Code, shall provide	138695
that at the end of the lease period, the financed asset becomes	138696
the property of the state.	138697

Section 207.10.30. OAKS LEASE RENTAL PAYMENTS

138698

The foregoing appropriation item 100415, OAKS Rental	138699
Payments, shall be used for payments at the times they are	138700
required to be made for the period from July 1, 2011, through June	138701
30, 2013, pursuant to leases and agreements entered into under	138702
Chapter 125. of the Revised Code, as supplemented by Section	138703
281.10 of Am. Sub. H.B. 562 of the 127th General Assembly and	138704
other prior acts of the General Assembly, with respect to	138705
financing the costs associated with the acquisition, development,	138706
installation, and implementation of the Ohio Administrative	138707
Knowledge System. If it is determined that additional	138708
appropriations are necessary for this purpose, the amounts are	138709
hereby appropriated.	138710

Section 207.10.40. STATE TAXATION ACCOUNTING AND REVENUE	138711
SYSTEM	138712

The Department of Administrative Services, in conjunction	138713
with the Department of Taxation, may acquire the State Taxation	138714
Accounting and Revenue System (STARS) pursuant to Chapter 125. of	138715
the Revised Code, including, but not limited to, the application	138716
hardware and software and installation and implementation thereof,	138717
for the use of the Department of Taxation. STARS is an integrated	138718
tax collection and audit system that will replace all of the	138719
state's existing separate tax software and administration systems	138720
for the various taxes collected by the state. Any lease-purchase	138721
arrangement used under Chapter 125. of the Revised Code to acquire	138722
STARS, including any fractionalized interests therein as defined	138723
in division (N) of section 133.01 of the Revised Code, shall	138724
provide that at the end of the lease period, STARS becomes the	138725
property of the state.	138726

Section 207.10.50. STARS LEASE RENTAL PAYMENTS

138727

The foregoing appropriation item 100416, STARS Lease Rental	138728
Payments, shall be used for payments at the times they are	138729
required to be made for the period from July 1, 2011, through June	138730
30, 2013, pursuant to leases and agreements entered into under	138731
Chapter 125. of the Revised Code, as supplemented by Section	138732
207.10.30 of Am. Sub. H.B. 1 of the 128th General Assembly and	138733
other prior acts of the General Assembly, with respect to	138734
financing the cost for the acquisition, development, installation,	138735
and implementation of the State Taxation Accounting and Revenue	138736
System (STARS). If it is determined that additional appropriations	138737
are necessary for this purpose, the amounts are appropriated.	138738

Section 207.10.60. EQUAL OPPORTUNITY CERTIFICATION PROGRAMS

138739

The foregoing appropriation item 100439, Equal Opportunity	138740
Certification Programs, shall be used to pay costs associated with	138741
the equal employment opportunity project tracking software that	138742
were formerly paid from appropriation item 100423, EEO Project	138743
Tracking Software.	138744

Section 207.10.70. BUILDING RENT PAYMENTS

138745

The foregoing appropriation item 100447, OBA - Building Rent	138746
Payments, shall be used to meet all payments at the times they are	138747
required to be made during the period from July 1, 2011, through	138748
June 30, 2013, by the Department of Administrative Services to the	138749
Ohio Building Authority pursuant to leases and agreements under	138750
Chapter 152. of the Revised Code. These appropriations are the	138751
source of funds pledged for bond service charges on obligations	138752
issued pursuant to Chapter 152. of the Revised Code.	138753

The foregoing appropriation item 100448, OBA - Building	138754
Operating Payments, shall be used to meet all payments at the	138755
times that they are required to be made during the period from	138756
July 1, 2011, through June 30, 2013, by the Department of	138757
Administrative Services to the Ohio Building Authority pursuant to	138758
leases and agreements under Chapter 152. of the Revised Code, but	138759
limited to the aggregate amount of $42,800,000.	138760

The payments to the Ohio Building Authority are for paying	138761
the expenses of agencies that occupy space in various state	138762
facilities. The Department of Administrative Services may enter	138763
into leases and agreements with the Ohio Building Authority	138764
providing for the payment of these expenses. The Ohio Building	138765
Authority shall report to the Department of Administrative	138766
Services and the Office of Budget and Management not later than	138767
five months after the start of each fiscal year the actual	138768
expenses incurred by the Ohio Building Authority in operating the	138769
facilities and any balances remaining from payments and rentals	138770
received in the prior fiscal year. The Department of	138771
Administrative Services shall reduce subsequent payments by the	138772
amount of the balance reported to it by the Ohio Building	138773
Authority.	138774

Section 207.10.80. DAS - BUILDING OPERATING PAYMENTS

138775

The foregoing appropriation item 100449, DAS - Building	138776
Operating Payments, shall be used to pay the rent expenses of	138777
veterans organizations pursuant to section 123.024 of the Revised	138778
Code in fiscal years 2012 and 2013.	138779

The foregoing appropriation item, 100449, DAS - Building	138780
Operating Payments, also may be used to provide funding for the	138781
cost of property appraisals or building studies that the	138782
Department of Administrative Services may be required to obtain	138783
for property that is being sold by the state or property under	138784
consideration to be renovated or purchased by the state.	138785

Notwithstanding section 125.28 of the Revised Code, the	138786
remaining portion of the appropriation may be used to pay the	138787
operating expenses of state facilities maintained by the	138788
Department of Administrative Services that are not billed to	138789
building tenants. These expenses may include, but are not limited	138790
to, the costs for vacant space and space undergoing renovation,	138791
and the rent expenses of tenants that are relocated because of	138792
building renovations. These payments shall be processed by the	138793
Department of Administrative Services through intrastate transfer	138794
vouchers and placed in the Building Management Fund (Fund 1320).	138795

Section 207.10.90. CENTRAL SERVICE AGENCY FUND

138796

Appropriation item 100632, Central Service Agency, shall be	138797
used to purchase the equipment, products, and services that are	138798
needed to maintain existing automated applications for the	138799
professional licensing boards and to support board licensing	138800
functions in fiscal years 2012 and 2013 until these functions are	138801
replaced by the Ohio Professionals Licensing System. Appropriation	138802
item 100632, Central Service Agency, may also be used for these	138803
purposes for the Casino Control Commission if the commission	138804
elects to use these automated applications for its licensing	138805
functions. The Department of Administrative Services shall	138806
establish charges for recovering the costs of carrying out these	138807
functions. The charges shall be billed to the professional	138808
licensing boards, and the Casino Control Commission if applicable,	138809
and deposited via intrastate transfer vouchers to the credit of	138810
the Central Service Agency Fund (Fund 1150).	138811

Section 207.20.10. GENERAL SERVICE CHARGES

138812

The Department of Administrative Services, with the approval	138813
of the Director of Budget and Management, shall establish charges	138814
for recovering the costs of administering the programs funded by	138815
the General Services Fund (Fund 1170) and the State Printing Fund	138816
(Fund 2100). Such charges within Fund 1170 may be used to recover	138817
the cost of paying a vendor to establish reduced pricing for	138818
contracted supplies or services.	138819

If the Director of Administrative Services determines that	138820
additional amounts are necessary to pay for consulting and	138821
administrative costs related to securing lower pricing, the	138822
Director of Administrative Services may request that the Director	138823
of Budget and Management approve additional expenditures. Such	138824
approved additional amounts are appropriated to appropriation item	138825
100644, General Services Division-Operating.	138826

Section 207.20.20. COLLECTIVE BARGAINING ARBITRATION EXPENSES

138827

With approval of the Director of Budget and Management, the	138828
Department of Administrative Services may seek reimbursement from	138829
state agencies for the actual costs and expenses the Department	138830
incurs in the collective bargaining arbitration process. The	138831
reimbursements shall be processed through intrastate transfer	138832
vouchers and credited to the Collective Bargaining Fund (Fund	138833
1280).	138834

Section 207.20.30. EQUAL OPPORTUNITY PROGRAM

138835

The Department of Administrative Services, with the approval	138836
of the Director of Budget and Management, shall establish charges	138837
for recovering the costs of administering the activities supported	138838
by the State EEO Fund (Fund 1880). These charges shall be	138839
deposited to the credit of the State EEO Fund (Fund 1880) upon	138840
payment made by state agencies, state-supported or state-assisted	138841
institutions of higher education, and tax-supported agencies,	138842
municipal corporations, and other political subdivisions of the	138843
state, for services rendered.	138844

Section 207.20.40. INVESTMENT RECOVERY FUND

138845

Notwithstanding division (B) of section 125.14 of the Revised	138846
Code, cash balances in the Investment Recovery Fund (Fund 4270)	138847
may be used to support the operating expenses of the Federal	138848
Surplus Operating Program created in sections 125.84 to 125.90 of	138849
the Revised Code.	138850

Notwithstanding division (B) of section 125.14 of the Revised	138851
Code, cash balances in the Investment Recovery Fund may be used to	138852
support the operating expenses of the Asset Management Services	138853
Program, including, but not limited to, the cost of establishing	138854
and maintaining procedures for inventory records for state	138855
property as described in section 125.16 of the Revised Code.	138856

Of the foregoing appropriation item 100602, Investment	138857
Recovery, up to $2,092,697 in fiscal year 2012 and up to	138858
$2,092,697 in fiscal year 2013 may be used to pay the operating	138859
expenses of the State Surplus Property Program, the Surplus	138860
Federal Property Program, and the Asset Management Services	138861
Program under Chapter 125. of the Revised Code and this section.	138862
If additional appropriations are necessary for the operations of	138863
these programs, the Director of Administrative Services shall seek	138864
increased appropriations from the Controlling Board under section	138865
131.35 of the Revised Code.	138866

Of the foregoing appropriation item 100602, Investment	138867
Recovery, $3,500,000 in each fiscal year shall be used to transfer	138868
proceeds from the sale of surplus property from the Investment	138869
Recovery Fund to non-General Revenue Funds under division (A)(2)	138870
of section 125.14 of the Revised Code. If it is determined by the	138871
Director of Administrative Services that additional amounts are	138872
necessary for the transfer of such sale proceeds, the Director of	138873
Administrative Services may request the Director of Budget and	138874
Management to authorize additional amounts. Such authorized	138875
additional amounts are hereby appropriated.	138876

Section 207.20.50. DAS INFORMATION SERVICES

138877

There is hereby established in the State Treasury the DAS	138878
Information Services Fund. The foregoing appropriation item	138879
100603, DAS Information Services, shall be used to pay the costs	138880
of providing information systems and services in the Department of	138881
Administrative Services. Any state agency, board, or commission	138882
may use DAS Information Services by paying for the services	138883
rendered.	138884

The Department of Administrative Services shall establish	138885
user charges for all information systems and services that are	138886
allowable in the statewide indirect cost allocation plan submitted	138887
annually to the United States Department of Health and Human	138888
Services. These charges shall comply with federal regulations and	138889
shall be deposited to the credit of the DAS Information Services	138890
Fund (Fund 4P30).	138891

Section 207.20.60. PROFESSIONAL DEVELOPMENT FUND

138892

The foregoing appropriation item 100610, Professional	138893
Development, shall be used to make payments from the Professional	138894
Development Fund (Fund 5L70) under section 124.182 of the Revised	138895
Code. If it is determined by the Director of Administrative	138896
Services that additional amounts are necessary, the Director of	138897
Administrative Services may request that the Director of Budget	138898
and Management approve additional amounts. Such approved	138899
additional amounts are hereby appropriated.	138900

Section 207.20.70. EMPLOYEE EDUCATIONAL DEVELOPMENT

138901

The foregoing appropriation item 100619, Employee Educational	138902
Development, shall be used to make payments from the Employee	138903
Educational Development Fund (Fund 5V60) under section 124.86 of	138904
the Revised Code. The fund shall be used to pay the costs of	138905
administering educational programs under existing collective	138906
bargaining agreements with District 1199, the Health Care and	138907
Social Service Union; State Council of Professional Educators;	138908
Ohio Education Association and National Education Association; the	138909
Fraternal Order of Police Ohio Labor Council, Unit 2; and the Ohio	138910
State Troopers Association, Units 1 and 15.	138911

If it is determined by the Director of Administrative	138912
Services that additional amounts are necessary, the Director of	138913
Administrative Services may request that the Director of Budget	138914
and Management approve additional amounts. Such approved	138915
additional amounts are hereby appropriated.	138916

Section 207.20.80. CENTRALIZED GATEWAY ENHANCEMENT FUND

138917

(A) As used in this section, "Ohio Business Gateway" refers	138918
to the internet-based system operated by the Department of	138919
Administrative Services with the advice of the Ohio Business	138920
Gateway Steering Committee established under section 5703.57 of	138921
the Revised Code. The Ohio Business Gateway is established to	138922
provide businesses a central web site where various filings and	138923
payments are submitted online to government. The information is	138924
then distributed to the various government entities that interact	138925
with the business community.	138926

(B) As used in this section:

138927

(1) "State Portal" refers to the official web site of the	138928
state, operated by the Department of Administrative Services.	138929

(2) "Shared Hosting Environment" refers to the computerized	138930
system operated by the Department of Administrative Services for	138931
the purpose of providing capability for state agencies to host web	138932
sites.	138933

(C) There is hereby created in the state treasury the	138934
Centralized Gateway Enhancement Fund (Fund 5X30). The foregoing	138935
appropriation item 100634, Centralized Gateway Enhancement, shall	138936
be used by the Department of Administrative Services to pay the	138937
costs of enhancing, expanding, and operating the infrastructure of	138938
the Ohio Business Gateway, State Portal, and Shared Hosting	138939
Environment. The Director of Administrative Services shall submit	138940
spending plans to the Director of Budget and Management to justify	138941
operating transfers to the fund from the General Revenue Fund.	138942
Upon approval, the Director of Budget and Management shall	138943
transfer approved amounts to the fund, not to exceed the amount of	138944
the annual appropriation in each fiscal year. The spending plans	138945
may be based on the recommendations of the Ohio Business Gateway	138946
Steering Committee or its successor.	138947

Section 207.20.90. CASH TRANSFERS FROM THE MAJOR IT PURCHASES	138948
FUND	138949

Upon request of the Director of Administrative Services, the	138950
Director of Budget and Management may make the following transfers	138951
from the Major IT Purchases Fund (Fund 4N60):	138952

(1) Up to $2,800,000 in each fiscal year of the biennium to	138953
the State Architect's Fund (Fund 1310) to support the OAKS Capital	138954
Improvements Module and other costs of the State Architect's	138955
Office that are not directly related to capital projects managed	138956
by the State Architect;	138957

(2) Up to $310,276 in fiscal year 2012 and up to $305,921 in	138958
fiscal year 2013 to the Director's Office Fund (Fund 1120) to	138959
support operating expenses of the Accountability and Results	138960
Initiative.	138961

Section 207.20.93. CASH TRANSFERS FROM THE BUILDING	138962
MANAGEMENT FUND TO THE STATE ARCHITECT'S FUND	138963

Upon request of the Director of Administrative Services, the	138964
Director of Budget and Management may transfer up to $2,000,000	138965
from the Building Management Fund (Fund 1320) to the State	138966
Architect's Fund (Fund 1310) to support the OAKS Capital	138967
Improvements Module and other costs of the State Architect's	138968
Office that are not directly related to capital projects managed	138969
by the State Architect. If the cash balance in the State	138970
Architect's Fund (Fund 1310) is determined to be sufficient, the	138971
Director of Administrative Services may request that the Director	138972
of Budget and Management transfer cash from the State Architect's	138973
Fund (Fund 1310) to the Building Management Fund (Fund 1320) in an	138974
amount equal to the initial cash transfer made under this section	138975
plus applicable interest.	138976

Section 207.30.10. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	138977
DEBT SERVICE PAYMENTS	138978

The Director of Administrative Services, in consultation with	138979
the Multi-Agency Radio Communication System (MARCS) Steering	138980
Committee and the Director of Budget and Management, shall	138981
determine the share of debt service payments attributable to	138982
spending for MARCS components that are not specific to any one	138983
agency and that shall be charged to agencies supported by the	138984
motor fuel tax. Such share of debt service payments shall be	138985
calculated for MARCS capital disbursements made beginning July 1,	138986
1997. Within thirty days of any payment made from appropriation	138987
item 100447, OBA - Building Rent Payments, the Director of	138988
Administrative Services shall certify to the Director of Budget	138989
and Management the amount of this share. The Director of Budget	138990
and Management shall transfer such amounts to the General Revenue	138991
Fund from the State Highway Safety Fund (Fund 7036) established in	138992
section 4501.06 of the Revised Code.	138993

The Director of Administrative Services shall consider	138994
renting or leasing existing tower sites at reasonable or current	138995
market rates, so long as these existing sites are equipped with	138996
the technical capabilities to support the MARCS project.	138997

Section 207.30.20. OHIO PROFESSIONALS LICENSING SYSTEM

138998

There is hereby created in the state treasury the Ohio	138999
Professionals Licensing System Fund (Fund 5JQ0). Appropriation	139000
item 100658, Ohio Professionals Licensing System, shall be used to	139001
make payments from the fund. The fund shall be used to purchase	139002
the equipment, products, and services necessary to develop and	139003
maintain a replacement automated licensing system for the	139004
professional licensing boards. The Director of Budget and	139005
Management may transfer up to a total of $3,000,000 in cash from	139006
the Occupational Licensing and Regulatory Fund (4K90), the State	139007
Medical Board Operating Fund (Fund 5C60), and the Casino Control	139008
Commission – Operating Fund (Fund 5HS0) if the Casino Control	139009
Commission elects to use the replacement automated licensing	139010
system, to the Ohio Professionals Licensing System Fund during the	139011
FY 2012-FY 2013 biennium. These transfers shall be in proportion	139012
to the number of current licensees, or current and anticipated	139013
licensees in the case of the Casino Control Commission if	139014
applicable. The purpose of these cash transfers is to fund the	139015
initial acquisition and development of the system. Any cash	139016
balances not expended in fiscal year 2012 are reappropriated in	139017
fiscal year 2013.	139018

Effective with the implementation of the replacement	139019
licensing system, the Department of Administrative Services shall	139020
establish charges for recovering the costs of ongoing maintenance	139021
of the system. The charges shall be billed to the professional	139022
licensing boards, and the Casino Control Commission if applicable,	139023
and deposited via intrastate transfer vouchers to the credit of	139024
the Ohio Professionals Licensing System Fund.	139025

Section 207.30.30. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

139026

Whenever the Director of Administrative Services declares a	139027
"public exigency," as provided in division (C) of section 123.15	139028
of the Revised Code, the Director shall also notify the members of	139029
the Controlling Board.	139030

Section 209.10. AGE DEPARTMENT OF AGING

139031

General Revenue Fund	139032

GRF	490321	Operating Expenses	$	1,501,616	$	1,502,442	139033
GRF	490410	Long-Term Care Ombudsman	$	482,271	$	482,271	139034
GRF	490411	Senior Community Services	$	7,130,952	$	7,131,236	139035
GRF	490414	Alzheimer's Respite	$	1,917,740	$	1,917,757	139036
GRF	490423	Long Term Care Budget - State	$	3,419,250	$	3,419,250	139037
GRF	490506	National Senior Service Corps	$	241,413	$	241,413	139038
TOTAL GRF General Revenue Fund			$	14,693,242	$	14,694,369	139039

General Services Fund Group	139040

4800	490606	Senior Community Outreach and Education	$	372,518	$	372,523	139041
TOTAL GSF General Services Fund							139042
Group			$	372,518	$	372,523	139043

Federal Special Revenue Fund Group	139044

3220	490618	Federal Aging Grants	$	14,000,000	$	14,000,000	139045
3C40	490623	Long Term Care Budget	$	3,525,000	$	3,525,000	139046
3M40	490612	Federal Independence Services	$	63,655,080	$	63,655,080	139047
TOTAL FED Federal Special Revenue							139048
Fund Group			$	81,180,080	$	81,180,080	139049

State Special Revenue Fund Group	139050

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	139051
5BA0	490620	Ombudsman Support	$	750,000	$	750,000	139052
5K90	490613	Long Term Care Consumers Guide	$	820,400	$	820,400	139053
5W10	490616	Resident Services Coordinator Program	$	344,692	$	344,700	139054
TOTAL SSR State Special Revenue							139055
Fund Group			$	2,850,092	$	2,850,100	139056
TOTAL ALL BUDGET FUND GROUPS			$	99,095,932	$	99,097,072	139057

Section 209.20. LONG-TERM CARE

139059

Pursuant to an interagency agreement, the Department of Job	139060
and Family Services shall designate the Department of Aging to	139061
perform assessments under section 5111.204 of the Revised Code.	139062
The Department of Aging shall provide long-term care consultations	139063
under section 173.42 of the Revised Code to assist individuals in	139064
planning for their long-term health care needs.	139065

The Department of Aging shall administer the Medicaid	139066
waiver-funded PASSPORT Home Care Program, the Choices Program, the	139067
Assisted Living Program, and the PACE Program as delegated by the	139068
Department of Job and Family Services in an interagency agreement.	139069
The foregoing appropriation items 490423, Long Term Care Budget -	139070
State, and 490623, Long Term Care Budget, may be used to support	139071
the Department of Aging's administrative costs associated with	139072
operating the PASSPORT, Choices, Assisted Living, and PACE	139073
programs.	139074

Section 209.30. LONG-TERM CARE OMBUDSMAN

139075

The foregoing appropriation item 490410, Long-Term Care	139076
Ombudsman, shall be used for a program to fund ombudsman program	139077
activities as authorized in sections 173.14 to 173.27 and section	139078
173.99 of the Revised Code.	139079

SENIOR COMMUNITY SERVICES

139080

The foregoing appropriation item 490411, Senior Community	139081
Services, shall be used for services designated by the Department	139082
of Aging, including, but not limited to, home-delivered and	139083
congregate meals, transportation services, personal care services,	139084
respite services, adult day services, home repair, care	139085
coordination, and decision support systems. Service priority shall	139086
be given to low income, frail, and cognitively impaired persons 60	139087
years of age and over. The department shall promote cost sharing	139088
by service recipients for those services funded with senior	139089
community services funds, including, when possible, sliding-fee	139090
scale payment systems based on the income of service recipients.	139091

ALZHEIMER'S RESPITE

139092

The foregoing appropriation item 490414, Alzheimer's Respite,	139093
shall be used to fund only Alzheimer's disease services under	139094
section 173.04 of the Revised Code.	139095

SENIOR COMMUNITY OUTREACH AND EDUCATION

139096

The foregoing appropriation item 490606, Senior Community	139097
Outreach and Education, may be used to provide training to workers	139098
in the field of aging pursuant to division (G) of section 173.02	139099
of the Revised Code.	139100

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	139101
AND FEDERAL AGING GRANTS	139102

At the request of the Director of Aging, the Director of	139103
Budget and Management may transfer appropriation between	139104
appropriation items 490612, Federal Independence Services, and	139105
490618, Federal Aging Grants. The amounts transferred shall not	139106
exceed 30 per cent of the appropriation from which the transfer is	139107
made. Any transfers shall be reported by the Department of Aging	139108
to the Controlling Board at the next scheduled meeting of the	139109
board.	139110

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

139111

The foregoing appropriation item 490609, Regional Long-Term	139112
Care Ombudsman Program, shall be used to pay the costs of	139113
operating the regional long-term care ombudsman programs	139114
designated by the Long-Term Care Ombudsman.	139115

TRANSFER OF RESIDENT PROTECTION FUNDS

139116

In each fiscal year, the Director of Budget and Management	139117
may transfer up to $750,000 cash from the Resident Protection Fund	139118
(Fund 4E30), which is used by the Department of Job and Family	139119
Services, to the Ombudsman Support Fund (Fund 5BA0), which is used	139120
by the Department of Aging. The moneys in the Ombudsman Support	139121
Fund may be used by the state office of the Long-Term Care	139122
Ombudsman Program and by regional ombudsman programs to promote	139123
person-centered care in nursing homes.	139124

On July 1, 2011, or as soon as possible thereafter, the	139125
Department of Aging shall certify to the Director of Budget and	139126
Management the amount of the cash balance in the Ombudsman Support	139127
Fund at the end of fiscal year 2011.	139128

LONG-TERM CARE CONSUMERS GUIDE

139129

The foregoing appropriation item 490613, Long-Term Care	139130
Consumers Guide, shall be used to conduct annual customer	139131
satisfaction surveys and to pay for other administrative expenses	139132
related to the publication of the Ohio Long-Term Care Consumer	139133
Guide.	139134

During fiscal year 2012 and fiscal year 2013, the Department	139135
of Aging shall identify methods and tools for assessing consumer	139136
satisfaction with adult care facilities and with the providers of	139137
home and community-based services. The Department shall also	139138
consider the development of a provider fee structure to support	139139
the inclusion of information about adult care facilities and	139140
providers of home and community-based services among the types of	139141
providers reviewed in the Ohio Long-Term Care Consumer Guide.	139142

Section 211.10. AGR DEPARTMENT OF AGRICULTURE

139143

General Revenue Fund	139144

GRF	700401	Animal Disease Control	$	3,936,687	$	3,936,687	139145
GRF	700403	Dairy Division	$	1,088,115	$	1,088,115	139146
GRF	700404	Ohio Proud	$	50,000	$	50,000	139147
GRF	700406	Consumer Analytical Lab	$	1,287,556	$	1,287,556	139148
GRF	700407	Food Safety	$	848,792	$	848,792	139149
GRF	700409	Farmland Preservation	$	72,750	$	72,750	139150
GRF	700412	Weights and Measures	$	600,000	$	600,000	139151
GRF	700415	Poultry Inspection	$	392,978	$	392,978	139152
GRF	700418	Livestock Regulation Program	$	1,108,071	$	1,108,071	139153
GRF	700424	Livestock Testing and Inspections	$	102,770	$	102,770	139154
GRF	700499	Meat Inspection Program - State Share	$	4,175,097	$	4,175,097	139155
GRF	700501	County Agricultural Societies	$	391,413	$	391,413	139156
TOTAL GRF General Revenue Fund			$	14,054,229	$	14,054,229	139157

General Services Fund Group	139158

5DA0	700644	Laboratory Administration Support	$	1,094,867	$	1,094,867	139159
5GH0	700655	Central Support Indirect Cost	$	4,456,842	$	4,456,842	139160
TOTAL GSF General Services Fund Group			$	5,551,709	$	5,551,709	139161

Federal Special Revenue Fund Group	139162

3260	700618	Meat Inspection Program - Federal Share	$	4,950,000	$	4,950,000	139163
3360	700617	Ohio Farm Loan Revolving Fund	$	150,000	$	150,000	139164
3820	700601	Cooperative Contracts	$	2,000,000	$	2,000,000	139165
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	139166
3J40	700607	Indirect Cost	$	600,000	$	600,000	139167
3R20	700614	Federal Plant Industry	$	1,000,000	$	1,000,000	139168
TOTAL FED Federal Special Revenue							139169
Fund Group			$	9,700,000	$	9,700,000	139170

State Special Revenue Fund Group	139171

4960	700626	Ohio Grape Industries	$	846,611	$	846,611	139172
4970	700627	Commodity Handlers Regulatory Program	$	483,402	$	483,402	139173
4C90	700605	Commercial Feed and Seed	$	1,816,897	$	1,816,897	139174
4D20	700609	Auction Education	$	41,000	$	41,000	139175
4E40	700606	Utility Radiological Safety	$	131,785	$	131,785	139176
4P70	700610	Food Safety Inspection	$	1,085,836	$	1,085,836	139177
4R00	700636	Ohio Proud Marketing	$	30,500	$	30,500	139178
4R20	700637	Dairy Industry Inspection	$	1,758,247	$	1,758,247	139179
4T60	700611	Poultry and Meat Inspection	$	180,000	$	180,000	139180
4T70	700613	Ohio Proud International and Domestic Market Development	$	50,000	$	50,000	139181
5780	700620	Ride Inspection Fees	$	1,175,142	$	1,175,142	139182
5B80	700629	Auctioneers	$	359,823	$	359,823	139183
5FC0	700648	Plant Pest Program	$	1,164,000	$	1,164,000	139184
5H20	700608	Metrology Lab and Scale Certification	$	750,000	$	750,000	139185
5HP0	700656	Livestock Care Standards Board	$	80,000	$	80,000	139186
5L80	700604	Livestock Management Program	$	584,000	$	584,000	139187
6520	700634	Animal and Consumer Analytical Laboratory	$	4,366,383	$	4,366,383	139188
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,418,041	$	3,418,041	139189
TOTAL SSR State Special Revenue							139190
Fund Group			$	18,321,667	$	18,321,667	139191

Clean Ohio Conservation Fund Group	139192

7057	700632		Clean Ohio Agricultural Easement		$	310,000		$	310,000		139193
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		139194

TOTAL ALL BUDGET FUND GROUPS

47,937,605

139195

COUNTY AGRICULTURAL SOCIETIES

139196

The foregoing appropriation item 700501, County Agricultural	139197
Societies, shall be used to reimburse county and independent	139198
agricultural societies for expenses related to Junior Fair	139199
activities.	139200

CLEAN OHIO AGRICULTURAL EASEMENT

139201

The foregoing appropriation item 700632, Clean Ohio	139202
Agricultural Easement, shall be used by the Department of	139203
Agriculture in administering Ohio Agricultural Easement Fund (Fund	139204
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to	139205
5301.70 of the Revised Code.	139206

Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

139207

General Services Fund Group	139208

5EG0	898608		Energy Strategy Development		$	240,382		$	240,681		139209
TOTAL GSF General Services Fund					$	240,382		$	240,681		139210

Agency Fund Group	139211

4Z90	898602	Small Business Ombudsman	$	288,050	$	288,232	139212
5700	898601	Operating Expenses	$	323,980	$	323,980	139213
5A00	898603	Small Business Assistance	$	71,087	$	71,087	139214
TOTAL AGY Agency Fund Group			$	683,117	$	683,299	139215
TOTAL ALL BUDGET FUND GROUPS			$	923,499	$	923,980	139216

Section 213.20. ENERGY STRATEGY DEVELOPMENT

139218

The Ohio Air Quality Development Authority shall establish	139219
the Energy Strategy Development Program for the purpose of	139220
developing energy initiatives, projects, and policy for the state.	139221
Issues addressed by such initiatives, projects, and policy shall	139222
not be limited to those governed by Chapter 3706. of the Revised	139223
Code.	139224

There is hereby created in the state treasury the Energy	139225
Strategy Development Fund (Fund 5EG0). The fund shall consist of	139226
money credited to it and money obtained for advanced energy	139227
projects from federal or private grants, loans, or other sources.	139228
Money in the fund shall be used to carry out the purposes of the	139229
program. Interest earned on the money in the fund shall be	139230
credited to the General Revenue Fund.	139231

On July 1 of each fiscal year, or as soon as possible	139232
thereafter, the Director of Budget and Management may transfer	139233
cash from the funds specified below, in the amounts specified	139234
below, to the Energy Strategy Development Fund. Fund 5EG0 may	139235
accept contributions and transfers made to the fund. On July 1,	139236
2013, or as soon as possible thereafter, the Director shall	139237
transfer to the General Revenue Fund all cash credited to Fund	139238
5EG0. Upon completion of the transfer, Fund 5EG0 is abolished.	139239

Fund	Fund Name	User	FY 2012	FY 2013	139240
1170	Office Services	Department of Administrative Services	$27,405	$27,439	139241
5GH0	Central Support Indirect Cost	Department of Agriculture	$27,405	$27,439	139242
1350	Supportive Services	Department of Development	$27,405	$27,439	139243
2190	Central Support Indirect Cost	Environmental Protection Agency	$27,405	$27,439	139244
1570	Central Support Indirect Chargeback	Department of Natural Resources	$27,405	$27,439	139245
7002	Highway Operating	Department of Transportation	$39,150	$39,199	139246

Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT	139247
AUTHORITY TRUST ACCOUNT	139248

Notwithstanding any other provision of law to the contrary,	139249
the Air Quality Development Authority may reimburse the Air	139250
Quality Development Authority trust account established under	139251
section 3706.10 of the Revised Code from all operating funds of	139252
the agency for expenses pertaining to the administration and	139253
shared costs incurred by the Air Quality Development Authority in	139254
the execution of responsibilities as prescribed in Chapter 3706.	139255
of the Revised Code. Reimbursement shall be made by voucher and	139256
completed in accordance with the administrative indirect costs	139257
allocation plan approved by the Office of Budget and Management.	139258

Section 215.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	139259
SERVICES	139260

General Revenue Fund	139261

GRF	038401	Treatment Services	$	11,225,590	$	7,020,974	139262
GRF	038404	Prevention Services	$	868,659	$	868,659	139263
GRF	038501	Medicaid Match	$	23,959,113	$	0	139264
TOTAL GRF General Revenue Fund			$	36,053,362	$	7,889,633	139265

General Services Fund	139266

5T90	038616		Problem Gambling Services		$	335,000		$	335,000		139267
TOTAL GSF General Services Fund Group					$	335,000		$	335,000		139268

Federal Special Revenue Fund Group	139269

3G40	038614	Substance Abuse Block Grant	$	69,000,000	$	69,000,000	139270
3H80	038609	Demonstration Grants	$	8,675,580	$	8,675,580	139271
3J80	038610	Medicaid	$	69,200,000	$	0	139272
3N80	038611	Administrative Reimbursement	$	300,000	$	300,000	139273
TOTAL FED Federal Special Revenue							139274
Fund Group			$	147,175,580	$	77,975,580	139275

State Special Revenue Fund Group	139276

4750	038621	Statewide Treatment and Prevention	$	16,000,000	$	14,000,000	139277
5JW0	038615	Board Match Reimbursement	$	3,000,000	$	3,000,000	139278
6890	038604	Education and Conferences	$	75,000	$	75,000	139279
TOTAL SSR State Special Revenue							139280
Fund Group			$	19,075,000	$	17,075,000	139281
TOTAL ALL BUDGET FUND GROUPS			$	202,638,942	$	103,275,213	139282

Section 215.20. ALCOHOL AND DRUG ADDICTION MEDICAID MATCH

139284

(A) As used in this section, "community alcohol and drug	139285
addiction Medicaid services" means services provided under the	139286
component, or aspect of the component, of the Medicaid program	139287
that the Department of Alcohol and Drug Addiction Services	139288
administers pursuant to a contract entered into with the	139289
Department of Job and Family Services under section 5111.91 of the	139290
Revised Code.	139291

(B) Subject to division (C) of this section, the foregoing	139292
appropriation item 038501, Medicaid Match, shall be used by the	139293
Department of Alcohol and Drug Addiction Services to make payments	139294
for community alcohol and drug addiction Medicaid services.	139295

(C) For state fiscal year 2012, the Department shall allocate	139296
foregoing appropriation item 038501, Medicaid Match, to boards of	139297
alcohol, drug addiction, and mental health services in accordance	139298
with a distribution methodology the Department shall establish.	139299
Notwithstanding sections 5111.911 and 5111.913 of the Revised	139300
Code, the boards shall use the funds allocated to them under this	139301
section to pay claims for community alcohol and drug addiction	139302
Medicaid services provided during fiscal year 2012. The boards	139303
shall use all federal financial participation that the Department	139304
receives for claims paid for community alcohol and drug addiction	139305
Medicaid services provided during fiscal year 2012 as the first	139306
payment source to pay claims for community alcohol and drug	139307
addiction Medicaid services provided during fiscal year 2012. The	139308
boards are not required to use any funds other than the funds	139309
allocated to them under this section and the federal financial	139310
participation received for claims for community alcohol and drug	139311
addiction Medicaid services provided during fiscal year 2012 to	139312
pay for such claims.	139313

(D) The Department shall enter into an agreement with each	139314
board regarding the issue of paying claims that are for community	139315
alcohol and drug addiction Medicaid services provided before July	139316
1, 2011, and submitted for payment on or after that date. Such	139317
claims shall be paid in accordance with the agreements. A board	139318
shall receive the federal financial participation received for	139319
claims for community alcohol and drug addiction Medicaid services	139320
that were provided before July 1, 2011, and paid by the board.	139321

Section 217.10. ARC ARCHITECTS BOARD

139322

General Services Fund Group	139323

4K90	891609	Operating Expenses	$	494,459	$	478,147	139324
TOTAL GSF General Services Fund							139325
Group			$	494,459	$	478,147	139326
TOTAL ALL BUDGET FUND GROUPS			$	494,459	$	478,147	139327

Section 219.10. ART OHIO ARTS COUNCIL

139329

General Revenue Fund	139330

GRF	370321	Operating Expenses	$	1,305,704	$	1,305,704	139331
GRF	370502	State Program Subsidies	$	6,000,000	$	8,000,000	139332
TOTAL GRF General Revenue Fund			$	7,305,704	$	9,305,704	139333

General Services Fund Group	139334

4600	370602	Management Expenses and Donations	$	247,000	$	247,000	139335
4B70	370603	Percent for Art Acquisitions	$	247,000	$	247,000	139336
TOTAL GSF General Services Fund Group			$	494,000	$	494,000	139337

Federal Special Revenue Fund Group	139338

3140	370601	Federal Support	$	1,000,000	$	1,000,000	139339
TOTAL FED Federal Special Revenue Fund Group			$	1,000,000	$	1,000,000	139340
TOTAL ALL BUDGET FUND GROUPS			$	8,799,704	$	10,799,704	139341

FEDERAL SUPPORT

139342

Notwithstanding any provision of law to the contrary, the	139343
foregoing appropriation item 370601, Federal Support, shall be	139344
used by the Ohio Arts Council for subsidies only, and not for its	139345
administrative costs, unless the Council is required to use a	139346
portion of the funds for administrative costs under conditions of	139347
the federal grant.	139348

Section 221.10. ATH ATHLETIC COMMISSION

139349

General Services Fund Group	139350

4K90	175609	Operating Expenses	$	281,904	$	292,509	139351
TOTAL GSF General Services Fund Group			$	281,904	$	292,509	139352
TOTAL ALL BUDGET FUND GROUPS			$	281,904	$	292,509	139353

Section 223.10. AGO ATTORNEY GENERAL

139355

General Revenue Fund	139356

GRF	055321	Operating Expenses	$	42,514,169	$	42,514,169	139357
GRF	055405	Law-Related Education	$	100,000	$	100,000	139358
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	139359
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	139360
TOTAL GRF General Revenue Fund			$	44,203,589	$	44,203,589	139361

General Services Fund Group	139362

1060	055612	General Reimbursement	$	43,197,968	$	43,011,277	139363
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	139364
4180	055615	Charitable Foundations	$	7,286,000	$	7,286,000	139365
4200	055603	Attorney General Antitrust	$	1,871,674	$	1,839,074	139366
4210	055617	Police Officers' Training Academy Fee	$	2,124,942	$	2,088,805	139367
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,529,685	$	1,521,731	139368
5900	055633	Peace Officer Private Security Fund	$	98,370	$	98,370	139369
5A90	055618	Telemarketing Fraud Enforcement	$	7,500	$	7,500	139370
5L50	055619	Law Enforcement Assistance Program	$	300,222	$	0	139371
6310	055637	Consumer Protection Enforcement	$	3,799,115	$	3,718,973	139372
TOTAL GSF General Services Fund							139373
Group			$	68,630,980	$	67,987,234	139374

Federal Special Revenue Fund Group	139375

3060	055620	Medicaid Fraud Control	$	4,211,235	$	4,122,399	139376
3810	055611	Civil Rights Legal Service	$	402,540	$	402,540	139377
3830	055634	Crime Victims Assistance	$	13,000,000	$	13,000,000	139378
3E50	055638	Attorney General Pass-Through Funds	$	1,223,606	$	1,222,172	139379
3R60	055613	Attorney General Federal Funds	$	3,823,251	$	3,673,251	139380
TOTAL FED Federal Special Revenue							139381
Fund Group			$	22,660,632	$	22,420,362	139382

State Special Revenue Fund Group	139383

4020	055616	Victims of Crime	$	26,000,000	$	26,000,000	139384
4170	055621	Domestic Violence Shelter	$	25,000	$	25,000	139385
4190	055623	Claims Section	$	44,197,843	$	41,953,025	139386
4L60	055606	DARE Programs	$	4,477,962	$	4,477,962	139387
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	139388
6590	055641	Solid and Hazardous Waste Background Investigations	$	662,227	$	651,049	139389
TOTAL SSR State Special Revenue							139390
Fund Group			$	75,963,032	$	73,707,036	139391

Holding Account Redistribution Fund Group	139392

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	139393
R005	055632	Antitrust Settlements	$	1,000	$	1,000	139394
R018	055630	Consumer Frauds	$	750,000	$	750,000	139395
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	139396
R054	055650	Collection Outside Counsel Payments	$	4,500,000	$	4,500,000	139397
TOTAL 090 Holding Account							139398
Redistribution Fund Group			$	6,276,025	$	6,276,025	139399

Tobacco Master Settlement Agreement Fund Group	139400

J087	055635	Law Enforcement Technology, Training, and Facility Enhancements	$	2,300,000	$	0	139401
U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	2,527,992	$	2,514,690	139402
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	4,827,992	$	2,514,690	139403
TOTAL ALL BUDGET FUND GROUPS			$	222,562,250	$	217,108,936	139404

COUNTY SHERIFFS' PAY SUPPLEMENT

139405

The foregoing appropriation item 055411, County Sheriffs' Pay	139406
Supplement, shall be used for the purpose of supplementing the	139407
annual compensation of county sheriffs as required by section	139408
325.06 of the Revised Code.	139409

At the request of the Attorney General, the Director of	139410
Budget and Management may transfer appropriation from	139411
appropriation item 055321, Operating Expenses, to appropriation	139412
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	139413
transferred shall be used to supplement the annual compensation of	139414
county sheriffs as required by section 325.06 of the Revised Code.	139415

COUNTY PROSECUTORS' PAY SUPPLEMENT

139416

The foregoing appropriation item 055415, County Prosecutors'	139417
Pay Supplement, shall be used for the purpose of supplementing the	139418
annual compensation of certain county prosecutors as required by	139419
section 325.111 of the Revised Code.	139420

At the request of the Attorney General, the Director of	139421
Budget and Management may transfer appropriation from	139422
appropriation item 055321, Operating Expenses, to appropriation	139423
item 055415, County Prosecutors' Pay Supplement. Any appropriation	139424
so transferred shall be used to supplement the annual compensation	139425
of county prosecutors as required by section 325.111 of the	139426
Revised Code.	139427

WORKERS' COMPENSATION SECTION

139428

The Workers' Compensation Fund (Fund 1950) is entitled to	139429
receive payments from the Bureau of Workers' Compensation and the	139430
Ohio Industrial Commission at the beginning of each quarter of	139431
each fiscal year to fund legal services to be provided to the	139432
Bureau of Workers' Compensation and the Ohio Industrial Commission	139433
during the ensuing quarter. The advance payment shall be subject	139434
to adjustment.	139435

In addition, the Bureau of Workers' Compensation shall	139436
transfer payments at the beginning of each quarter for the support	139437
of the Workers' Compensation Fraud Unit.	139438

All amounts shall be mutually agreed upon by the Attorney	139439
General, the Bureau of Workers' Compensation, and the Ohio	139440
Industrial Commission.	139441

ATTORNEY GENERAL PASS-THROUGH FUNDS

139442

The foregoing appropriation item 055638, Attorney General	139443
Pass-Through Funds, shall be used to receive federal grant funds	139444
provided to the Attorney General by other state agencies,	139445
including, but not limited to, the Department of Youth Services	139446
and the Department of Public Safety.	139447

GENERAL HOLDING ACCOUNT

139448

The foregoing appropriation item 055631, General Holding	139449
Account, shall be used to distribute moneys under the terms of	139450
relevant court orders or other settlements received in a variety	139451
of cases involving the Office of the Attorney General. If it is	139452
determined that additional amounts are necessary for this purpose,	139453
the amounts are hereby appropriated.	139454

ANTITRUST SETTLEMENTS

139455

The foregoing appropriation item 055632, Antitrust	139456
Settlements, shall be used to distribute moneys under the terms of	139457
relevant court orders or other out of court settlements in	139458
antitrust cases or antitrust matters involving the Office of the	139459
Attorney General. If it is determined that additional amounts are	139460
necessary for this purpose, the amounts are hereby appropriated.	139461

CONSUMER FRAUDS

139462

The foregoing appropriation item 055630, Consumer Frauds,	139463
shall be used for distribution of moneys from court-ordered	139464
judgments against sellers in actions brought by the Office of	139465
Attorney General under sections 1334.08 and 4549.48 and division	139466
(B) of section 1345.07 of the Revised Code. These moneys shall be	139467
used to provide restitution to consumers victimized by the fraud	139468
that generated the court-ordered judgments. If it is determined	139469
that additional amounts are necessary for this purpose, the	139470
amounts are hereby appropriated.	139471

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

139472

The foregoing appropriation item 055601, Organized Crime	139473
Commission Distributions, shall be used by the Organized Crime	139474
Investigations Commission, as provided by section 177.011 of the	139475
Revised Code, to reimburse political subdivisions for the expenses	139476
the political subdivisions incur when their law enforcement	139477
officers participate in an organized crime task force. If it is	139478
determined that additional amounts are necessary for this purpose,	139479
the amounts are hereby appropriated.	139480

COLLECTION OUTSIDE COUNSEL PAYMENTS

139481

The foregoing appropriation item 055650, Collection Outside	139482
Counsel Payments, shall be used for the purpose of paying	139483
contingency counsel fees for cases where debtors mistakenly paid	139484
the client agencies instead of the Attorney General's Revenue	139485
Recovery/Collections Enforcement Section. If it is determined that	139486
additional amounts are necessary for this purpose, the amounts are	139487
hereby appropriated.	139488

Section 225.10. AUD AUDITOR OF STATE

139489

General Revenue Fund	139490

GRF	070321	Operating Expenses	$	27,434,452	$	27,434,452	139491
GRF	070403	Fiscal Watch/Emergency Technical Assistance	$	800,000	$	800,000	139492
TOTAL GRF General Revenue Fund			$	28,234,452	$	28,234,452	139493

Auditor of State Fund Group	139494

1090	070601	Public Audit Expense - Intra-State	$	9,000,000	$	8,700,000	139495
4220	070602	Public Audit Expense - Local Government	$	31,422,959	$	31,052,999	139496
5840	070603	Training Program	$	181,250	$	181,250	139497
5JZ0	070606	LEAP Revolving Loans	$	850,000	$	650,000	139498
6750	070605	Uniform Accounting Network	$	3,500,000	$	3,500,000	139499
TOTAL AUD Auditor of State Fund							139500
Group			$	44,954,209	$	44,084,249	139501
TOTAL ALL BUDGET FUND GROUPS			$	73,188,661	$	72,318,701	139502

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

139503

The foregoing appropriation item 070403, Fiscal	139504
Watch/Emergency Technical Assistance, shall be used for expenses	139505
incurred by the Office of the Auditor of State in its role	139506
relating to fiscal watch or fiscal emergency activities under	139507
Chapters 118. and 3316. of the Revised Code. Expenses include, but	139508
are not limited to, the following: duties related to the	139509
determination or termination of fiscal watch or fiscal emergency	139510
of municipal corporations, counties, townships, or school	139511
districts; development of preliminary accounting reports;	139512
performance of annual forecasts; provision of performance audits;	139513
and supervisory, accounting, or auditing services for the	139514
municipal corporations, counties, townships, or school districts.	139515

An amount equal to the unexpended, unencumbered portion of	139516
appropriation item 070403, Fiscal Watch/Emergency Technical	139517
Assistance, at the end of fiscal year 2012 is hereby	139518
reappropriated for the same purpose in fiscal year 2013.	139519

Section 227.10. BRB BOARD OF BARBER EXAMINERS

139520

General Services Fund Group	139521

4K90	877609	Operating Expenses	$	656,320	$	649,211	139522
TOTAL GSF General Services Fund							139523
Group			$	656,320	$	649,211	139524
TOTAL ALL BUDGET FUND GROUPS			$	656,320	$	649,211	139525

Section 229.10. OBM OFFICE OF BUDGET AND MANAGEMENT

139527

General Revenue Fund	139528

GRF	042321	Budget Development and Implementation	$	2,362,025	$	2,378,166	139529
GRF	042416	Office of Health Transformation	$	306,285	$	0	139530
GRF	042423	Liquor Enterprise Transaction	$	500,000	$	0	139531
TOTAL GRF General Revenue Fund			$	3,168,310	$	2,378,166	139532

General Services Fund Group	139533

1050	042603	State Accounting and Budgeting	$	21,917,230	$	22,006,331	139534
5N40	042602	OAKS Project Implementation	$	1,358,000	$	1,309,500	139535
5Z80	042608	Office of Health Transformation Administration	$	57,752	$	0	139536
TOTAL GSF General Services Fund Group			$	23,332,982	$	23,315,831	139537

Federal Special Revenue Fund Group	139538

3CM0	042606		Office of Health Transformation - Federal		$	384,037		$	145,500		139539
TOTAL FED Federal Special Revenue Fund Group					$	384,037		$	145,500		139540

Agency Fund Group	139541

5EH0	042604	Forgery Recovery	$	50,000	$	50,000	139542
TOTAL AGY Agency Fund Group			$	50,000	$	50,000	139543
TOTAL ALL BUDGET FUND GROUPS			$	26,935,329	$	25,889,497	139544

LIQUOR ENTERPRISE TRANSACTION

139545

The foregoing appropriation item 042423, Liquor Enterprise	139546
Transaction, shall be used by the Director of Budget and	139547
Management, without need for any other approval, to retain or	139548
contract for the services of commercial appraisers, underwriters,	139549
investment bankers, and financial advisers, as are necessary in	139550
the Director's judgment to commence negotiation of the transfer	139551
agreement referred to in sections 4313.01 and 4313.02 of the	139552
Revised Code, as enacted by this act. Any amounts expended from	139553
appropriation item 042423 shall be reimbursed from the proceeds of	139554
the enterprise acquisition project transaction authorized in those	139555
sections.	139556

The Director of Budget and Management, in consultation with	139557
the Director of Commerce, may negotiate an initial agreement with	139558
JobsOhio, which shall be executed by the Directors of Budget and	139559
Management and Commerce upon its completion.	139560

AUDIT COSTS AND DUES

139561

All centralized audit costs associated with either Single	139562
Audit Schedules or financial statements prepared in conformance	139563
with generally accepted accounting principles for the state shall	139564
be paid from the foregoing appropriation item 042603, State	139565
Accounting and Budgeting.	139566

Costs associated with the audit of the Auditor of State and	139567
national association dues shall be paid from the foregoing	139568
appropriation item 042321, Budget Development and Implementation.	139569

SHARED SERVICES CENTER

139570

The Director of Budget and Management shall use the OAKS	139571
Project Implementation Fund (Fund 5N40) and the Accounting and	139572
Budgeting Fund (Fund 1050) to support a Shared Services Center	139573
within the Office of Budget and Management for the purpose of	139574
consolidating statewide business functions and common	139575
transactional processes.	139576

The Director of Budget and Management shall include the	139577
recovery of costs to operate the Shared Services Center in the	139578
accounting and budgeting services payroll rate and through a	139579
direct charge using intrastate transfer vouchers to agencies for	139580
services rendered. The Director of Budget and Management shall	139581
determine the cost recovery methodology. Such cost recovery	139582
revenues shall be deposited to the credit of Fund 1050.	139583

INTERNAL CONTROL AND AUDIT OVERSIGHT

139584

The Director of Budget and Management shall include the	139585
recovery of costs to operate the Internal Control and Audit	139586
Oversight Program in the accounting and budgeting services payroll	139587
rate and through a direct charge using intrastate transfer	139588
vouchers to agencies reviewed by the program. The Director of	139589
Budget and Management, with advice from the Internal Audit	139590
Advisory Council, shall determine the cost recovery methodology.	139591
Such cost recovery revenues shall be deposited to the credit of	139592
the Accounting and Budgeting Fund (Fund 1050).	139593

FORGERY RECOVERY

139594

The foregoing appropriation item 042604, Forgery Recovery,	139595
shall be used to reissue warrants that have been certified as	139596
forgeries by the rightful recipient as determined by the Bureau of	139597
Criminal Identification and Investigation and the Treasurer of	139598
State. Upon receipt of funds to cover the reissuance of the	139599
warrant, the Director of Budget and Management shall reissue a	139600
state warrant of the same amount.	139601

GRF TRANSFER TO THE OAKS PROJECT IMPLEMENTATION FUND

139602

On July 1 of each fiscal year, or as soon as possible	139603
thereafter, the Director of Budget and Management shall transfer	139604
an amount not to exceed $1,100,000 in cash from the General	139605
Revenue Fund to the OAKS Project Implementation Fund (Fund 5N40).	139606

Section 231.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

139607

General Revenue Fund	139608

GRF	874100	Personal Services	$	1,272,017	$	1,272,017	139609
GRF	874320	Maintenance and Equipment	$	529,391	$	529,391	139610
TOTAL GRF General Revenue Fund			$	1,801,408	$	1,801,408	139611

General Services Fund Group	139612

4G50	874603	Capitol Square Education Center and Arts	$	15,000	$	15,000	139613
4S70	874602	Statehouse Gift Shop/Events	$	686,708	$	686,708	139614
TOTAL GSF General Services							139615
Fund Group			$	701,708	$	701,708	139616

Underground Parking Garage	139617

2080	874601	Underground Parking Garage Operations	$	3,290,052	$	3,186,573	139618
TOTAL UPG Underground Parking							139619
Garage			$	3,290,052	$	3,186,573	139620
TOTAL ALL BUDGET FUND GROUPS			$	5,793,168	$	5,689,689	139621

WAREHOUSE PAYMENTS

139622

Of the foregoing appropriation item 874601, Underground	139623
Parking Garage Operations, $48,000 in each fiscal year shall be	139624
used to meet all payments at the times they are required to be	139625
made during the period from July 1, 2011, through June 30, 2013,	139626
to the Ohio Building Authority for bond service charges relating	139627
to the purchase and improvement of a warehouse acquired pursuant	139628
to section 105.41 of the Revised Code, in which to store items of	139629
the Capitol Collection Trust and, whenever necessary, equipment or	139630
other property of the Board.	139631

UNDERGROUND PARKING GARAGE FUND

139632

Notwithstanding division (G) of section 105.41 of the Revised	139633
Code and any other provision to the contrary, moneys in the	139634
Underground Parking Garage Fund (Fund 2080) may be used for	139635
personnel and operating costs related to the operations of the	139636
Statehouse and the Statehouse Underground Parking Garage.	139637

Section 233.10. SCR STATE BOARD OF CAREER COLLEGES AND	139638
SCHOOLS	139639

General Services Fund Group	139640

4K90	233601	Operating Expenses	$	558,658	$	579,328	139641
TOTAL GSF General Services Fund Group			$	558,658	$	579,328	139642
TOTAL ALL BUDGET FUND GROUPS			$	558,658	$	579,328	139643

Section 235.10. CAC CASINO CONTROL COMMISSION

139645

State Special Revenue Fund Group	139646

5HS0	955321	Casino Control - Operating	$	8,263,312	$	13,121,283	139647
TOTAL SSR State Special Revenue Fund Group			$	8,263,312	$	13,121,283	139648
TOTAL ALL BUDGET FUND GROUPS			$	8,263,312	$	13,121,283	139649

Section 237.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

139651

General Services Fund Group	139652

4K90	930609	Operating Expenses	$	433,734	$	417,827	139653
TOTAL GSF General Services Fund Group			$	433,734	$	417,827	139654
TOTAL ALL BUDGET FUND GROUPS			$	433,734	$	417,827	139655

Section 239.10. CHR STATE CHIROPRACTIC BOARD

139657

General Services Fund Group	139658

4K90	878609	Operating Expenses	$	592,916	$	584,925	139659
TOTAL GSF General Services Fund Group			$	592,916	$	584,925	139660
TOTAL ALL BUDGET FUND GROUPS			$	592,916	$	584,925	139661

Section 241.10. CIV OHIO CIVIL RIGHTS COMMISSION

139663

General Revenue Fund	139664

GRF	876321		Operating Expenses		$	4,725,784		$	4,725,784		139665
TOTAL GRF General Revenue Fund					$	4,725,784		$	4,725,784		139666

General Services Fund Group	139667

2170	876604	Operations Support	$	8,000	$	8,000	139668
TOTAL GSF General Services							139669
Fund Group			$	8,000	$	8,000	139670

Federal Special Revenue Fund Group	139671

3340	876601	Federal Programs	$	2,762,000	$	2,762,000	139672
TOTAL FED Federal Special Revenue							139673
Fund Group			$	2,762,000	$	2,762,000	139674

TOTAL ALL BUDGET FUND GROUPS

7,495,784

139675

Section 243.10. COM DEPARTMENT OF COMMERCE

139677

General Revenue Fund	139678

GRF	800401		Construction Compliance		$	920,000		$	920,000		139679
TOTAL GRF General Revenue Fund					$	920,000		$	920,000		139680

General Services Fund Group	139681

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	139682
1630	800637	Information Technology	$	5,999,892	$	6,011,977	139683
5430	800602	Unclaimed Funds-Operating	$	7,836,107	$	7,841,473	139684
5430	800625	Unclaimed Funds-Claims	$	69,700,000	$	69,800,000	139685
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	139686
TOTAL GSF General Services Fund							139687
Group			$	90,035,999	$	90,153,450	139688

Federal Special Revenue Fund Group	139689

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	139690
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	139691
TOTAL FED Federal Special Revenue							139692
Fund Group			$	2,685,729	$	2,685,729	139693

State Special Revenue Fund Group	139694

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	139695
4H90	800608	Cemeteries	$	268,067	$	268,293	139696
4X20	800619	Financial Institutions	$	2,186,271	$	1,990,693	139697
5440	800612	Banks	$	7,242,364	$	6,942,336	139698
5450	800613	Savings Institutions	$	2,257,220	$	2,259,536	139699
5460	800610	Fire Marshal	$	15,400,000	$	15,501,562	139700
5460	800639	Fire Department Grants	$	1,698,802	$	1,698,802	139701
5470	800603	Real Estate Education/Research	$	125,000	$	125,000	139702
5480	800611	Real Estate Recovery	$	25,000	$	25,000	139703
5490	800614	Real Estate	$	3,413,708	$	3,332,308	139704
5500	800617	Securities	$	4,312,434	$	4,314,613	139705
5520	800604	Credit Union	$	3,450,390	$	3,450,390	139706
5530	800607	Consumer Finance	$	3,613,016	$	3,516,861	139707
5560	800615	Industrial Compliance	$	27,639,372	$	27,664,695	139708
5FW0	800616	Financial Literacy Education	$	240,000	$	240,000	139709
5GK0	800609	Securities Investor Education/Enforcement	$	1,135,000	$	485,000	139710
5HV0	800641	Cigarette Enforcement	$	120,000	$	120,000	139711
5X60	800623	Video Service	$	340,299	$	340,630	139712
6530	800629	UST Registration/Permit Fee	$	1,854,675	$	1,509,653	139713
6A40	800630	Real Estate Appraiser-Operating	$	699,565	$	648,890	139714
TOTAL SSR State Special Revenue							139715
Fund Group			$	76,056,183	$	74,469,262	139716

Liquor Control Fund Group	139717

7043	800601	Merchandising	$	472,209,274	$	0	139718
7043	800627	Liquor Control Operating	$	13,398,274	$	10,110,479	139719
7043	800633	Development Assistance Debt Service	$	51,973,200	$	0	139720
7043	800636	Revitalization Debt Service	$	21,129,800	$	0	139721
TOTAL LCF Liquor Control							139722
Fund Group			$	558,710,548	$	10,110,479	139723
TOTAL ALL BUDGET FUND GROUPS			$	728,408,459		178,338,920	139724

SMALL GOVERNMENT FIRE DEPARTMENTS

139725

Notwithstanding section 3737.17 of the Revised Code, the	139726
foregoing appropriation item 800635, Small Government Fire	139727
Departments, may be used to provide loans to private fire	139728
departments.	139729

UNCLAIMED FUNDS PAYMENTS

139730

The foregoing appropriation item 800625, Unclaimed	139731
Funds-Claims, shall be used to pay claims under section 169.08 of	139732
the Revised Code. If it is determined that additional amounts are	139733
necessary, the amounts are appropriated.	139734

UNCLAIMED FUNDS TRANSFERS

139735

Notwithstanding division (A) of section 169.05 of the Revised	139736
Code, on or after June 1, 2012, the Director of Budget and	139737
Management shall request the Director of Commerce to transfer to	139738
the General Revenue Fund up to $115,000,000 of unclaimed funds	139739
that have been reported by holders of unclaimed funds under	139740
section 169.05 of the Revised Code, irrespective of the allocation	139741
of the unclaimed funds under that section. After such request has	139742
been made, the Director of Commerce shall transfer the funds prior	139743
to June 30, 2012.	139744

Notwithstanding division (A) of section 169.05 of the Revised	139745
Code, on or after June 1, 2013, the Director of Budget and	139746
Management shall request the Director of Commerce to transfer to	139747
the General Revenue Fund up to $100,000,000 of unclaimed funds	139748
that have been reported by holders of unclaimed funds under	139749
section 169.05 of the Revised Code, irrespective of the allocation	139750
of the unclaimed funds under that section. After such request has	139751
been made, the Director of Commerce shall transfer the funds prior	139752
to June 30, 2013.	139753

FIRE DEPARTMENT GRANTS

139754

Of the foregoing appropriation item 800639, Fire Department	139755
Grants, up to $1,647,140 in each fiscal year shall be used to make	139756
annual grants to volunteer fire departments, fire departments that	139757
serve one or more small municipalities or small townships, joint	139758
fire districts comprised of fire departments that primarily serve	139759
small municipalities or small townships, local units of government	139760
responsible for such fire departments, local units of government	139761
responsible for the provision of fire protection services for	139762
small municipalities or small townships, and private fire	139763
companies as defined in section 9.60 of the Revised Code.	139764

The grants shall be used by recipients to purchase	139765
firefighting or rescue equipment or gear or similar items, to	139766
provide full or partial reimbursement for the documented costs of	139767
firefighter training, or, at the discretion of the State Fire	139768
Marshal, to cover fire department costs for providing fire	139769
protection services in that grant recipient's jurisdiction.	139770

Grant awards for firefighting or rescue equipment or gear or	139771
for fire department costs of providing fire protection services	139772
shall be up to $15,000 per fiscal year, or up to $25,000 per	139773
fiscal year if an eligible entity serves a jurisdiction in which	139774
the Governor declared a natural disaster during the preceding or	139775
current fiscal year in which the grant was awarded. In addition to	139776
any grant funds awarded for rescue equipment or gear, or for fire	139777
department costs associated with the provision of fire protection	139778
services, an eligible entity may receive a grant for up to $15,000	139779
per fiscal year for full or partial reimbursement of the	139780
documented costs of firefighter training. For each fiscal year,	139781
the State Fire Marshal shall determine the total amounts to be	139782
allocated for each eligible purpose.	139783

The grant program shall be administered by the State Fire	139784
Marshal in accordance with rules the State Fire Marshal adopts as	139785
part of the state fire code adopted pursuant to section 3737.82 of	139786
the Revised Code that are necessary for the administration and	139787
operation of the grant program. The rules may further define the	139788
entities eligible to receive grants and establish criteria for the	139789
awarding and expenditure of grant funds, including methods the	139790
State Fire Marshal may use to verify the proper use of grant funds	139791
or to obtain reimbursement for or the return of equipment for	139792
improperly used grant funds. Any amounts in appropriation item	139793
800639, Fire Department Grants, in excess of the amount allocated	139794
for these grants may be used for the administration of the grant	139795
program.	139796

CASH TRANSFERS TO THE DIVISION OF SECURITIES INVESTOR	139797
EDUCATION AND ENFORCEMENT EXPENSE FUND	139798

The Director of Budget and Management, upon the request of	139799
the Director of Commerce, shall transfer up to $485,000 in cash in	139800
each fiscal year from the Division of Securities Fund (Fund 5500)	139801
to the Division of Securities Investor Education and Enforcement	139802
Expense Fund (Fund 5GK0) created in section 1707.37 of the Revised	139803
Code.	139804

CASH TRANSFER TO VIDEO SERVICE AUTHORIZATION FUND

139805

The Director of Budget and Management, upon the request of	139806
the Director of Commerce, shall transfer up to $340,000 in cash in	139807
each fiscal year from the Division of Administration Fund (Fund	139808
1630) to the Video Service Authorization Fund (Fund 5X60).	139809

INCREASED APPROPRIATION - MERCHANDISING

139810

The foregoing appropriation item 800601, Merchandising, shall	139811
be used under section 4301.12 of the Revised Code. If it is	139812
determined that additional expenditures are necessary, the amounts	139813
are hereby appropriated.	139814

DEVELOPMENT ASSISTANCE DEBT SERVICE

139815

The foregoing appropriation item 800633, Development	139816
Assistance Debt Service, shall be used to pay debt service and	139817
related financing costs at the times they are required to be made	139818
during the period from July 1, 2011, to June 30, 2012, for bond	139819
service charges on obligations issued under Chapter 166. of the	139820
Revised Code. If it is determined that additional appropriations	139821
are necessary for this purpose, such amounts are appropriated,	139822
subject to the limitations set forth in section 166.11 of the	139823
Revised Code. An appropriation for this purpose is not required,	139824
but is made in this form and in this act for record purposes only.	139825

REVITALIZATION DEBT SERVICE

139826

The foregoing appropriation item 800636, Revitalization Debt	139827
Service, shall be used to pay debt service and related financing	139828
costs at the times they are required to be made pursuant to	139829
sections 151.01 and 151.40 of the Revised Code during the period	139830
from July 1, 2011, to June 30, 2012. If it is determined that	139831
additional appropriations are necessary for this purpose, such	139832
amounts are hereby appropriated. The General Assembly acknowledges	139833
the priority of the pledge of a portion of receipts from that	139834
source to obligations issued and to be issued under Chapter 166.	139835
of the Revised Code.	139836

LIQUOR CONTROL FUND TRANSFER

139837

On January 1, 2012, or as soon as possible thereafter, the	139838
Director of Budget and Management may transfer up to $10,600,000	139839
in cash from the General Revenue Fund to the Liquor Control Fund	139840
(Fund 7043) for the liquor permitting and compliance functions of	139841
the Division of Liquor Control in the Department of Commerce and	139842
for the operations of the Liquor Control Commission and the	139843
Department of Public Safety pursuant to Chapter 4301. of the	139844
Revised Code.	139845

On July 1, 2012, or as soon as possible thereafter, the	139846
Director of Budget and Management may transfer up to $21,800,000	139847
in cash from the General Revenue Fund to the Liquor Control Fund	139848
(Fund 7043) for the liquor permitting and compliance functions of	139849
the Division of Liquor Control in the Department of Commerce and	139850
for the operations of the Liquor Control Commission and the	139851
Department of Public Safety pursuant to Chapter 4301. of the	139852
Revised Code.	139853

ADMINISTRATIVE ASSESSMENTS

139854

Notwithstanding any other provision of law to the contrary,	139855
the Division of Administration Fund (Fund 1630) is entitled to	139856
receive assessments from all operating funds of the Department in	139857
accordance with procedures prescribed by the Director of Commerce	139858
and approved by the Director of Budget and Management.	139859

Section 245.10. OCC OFFICE OF CONSUMERS' COUNSEL

139860

General Services Fund Group	139861

5F50	053601	Operating Expenses	$	5,641,093	$	4,142,070	139862
TOTAL GSF General Services Fund Group			$	5,641,093	$	4,142,070	139863
TOTAL ALL BUDGET FUND GROUPS			$	5,641,093	$	4,142,070	139864

Section 247.10. CEB CONTROLLING BOARD

139866

General Revenue Fund	139867

GRF	911441		Ballot Advertising Costs		$	475,000		$	475,000		139868
TOTAL GRF General Revenue Fund					$	475,000		$	475,000		139869

General Services Fund Group	139870

5KM0	911614	CB Emergency Purposes	$	10,000,000	$	10,000,000	139871
TOTAL GSF General Services Fund Group			$	10,000,000	$	10,000,000	139872
TOTAL ALL BUDGET FUND GROUPS			$	10,475,000	$	10,475,000	139873

FEDERAL SHARE

139874

In transferring appropriations to or from appropriation items	139875
that have federal shares identified in this act, the Controlling	139876
Board shall add or subtract corresponding amounts of federal	139877
matching funds at the percentages indicated by the state and	139878
federal division of the appropriations in this act. Such changes	139879
are hereby appropriated.	139880

DISASTER SERVICES

139881

Pursuant to requests submitted by the Department of Public	139882
Safety, the Controlling Board may approve transfers from the	139883
Disaster Services Fund (5E20) to a fund and appropriation item	139884
used by the Department of Public Safety to provide for assistance	139885
to political subdivisions made necessary by natural disasters or	139886
emergencies. These transfers may be requested and approved prior	139887
to the occurrence of any specific natural disasters or emergencies	139888
in order to facilitate the provision of timely assistance. The	139889
Emergency Management Agency of the Department of Public Safety	139890
shall use the funding to fund the State Disaster Relief Program	139891
for disasters that have been declared by the Governor, and the	139892
State Individual Assistance Program for disasters that have been	139893
declared by the Governor and the federal Small Business	139894
Administration. The Ohio Emergency Management Agency shall publish	139895
and make available application packets outlining procedures for	139896
the State Disaster Relief Program and the State Individual	139897
Assistance Program.	139898

Fund 5E20 shall be used by the Controlling Board, pursuant to	139899
requests submitted by state agencies, to transfer cash and	139900
appropriations to any fund and appropriation item for the payment	139901
of state agency disaster relief program expenses for disasters	139902
declared by the Governor, if the Director of Budget and Management	139903
determines that sufficient funds exist.	139904

BALLOT ADVERTISING COSTS

139905

Pursuant to section 3501.17 of the Revised Code, and upon	139906
requests submitted by the Secretary of State, the Controlling	139907
Board shall approve transfers from the foregoing appropriation	139908
item 911441, Ballot Advertising Costs, to appropriation item	139909
050621, Statewide Ballot Advertising, in order to pay for the cost	139910
of public notices associated with statewide ballot initiatives.	139911

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	139912
ELIGIBILITY	139913

A state agency director shall request that the Controlling	139914
Board increase the amount of the agency's capital appropriations	139915
if the director determines such an increase is necessary for the	139916
agency to receive and use funds under the federal American	139917
Recovery and Reinvestment Act of 2009. The Controlling Board may	139918
increase the capital appropriations pursuant to the request up to	139919
the exact amount necessary under the federal act if the Board	139920
determines it is necessary for the agency to receive and use those	139921
federal funds.	139922

Section 249.10. COS STATE BOARD OF COSMETOLOGY

139923

General Services Fund Group	139924

4K90	879609	Operating Expenses	$	3,439,545	$	3,364,030	139925
TOTAL GSF General Services Fund							139926
Group			$	3,439,545	$	3,364,030	139927
TOTAL ALL BUDGET FUND GROUPS			$	3,439,545	$	3,364,030	139928

Section 251.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	139930
AND FAMILY THERAPIST BOARD	139931

General Services Fund Group	139932

4K90	899609	Operating Expenses	$	1,204,235	$	1,234,756	139933
TOTAL GSF General Services Fund							139934
Group			$	1,204,235	$	1,234,756	139935
TOTAL ALL BUDGET FUND GROUPS			$	1,204,235	$	1,234,756	139936

Section 253.10. CLA COURT OF CLAIMS

139938

General Revenue Fund	139939

GRF	015321		Operating Expenses		$	2,573,508		$	2,501,052		139940
TOTAL GRF General Revenue Fund					$	2,573,508		$	2,501,052		139941

State Special Revenue Fund Group	139942

5K20	015603	CLA Victims of Crime	$	1,582,684	$	1,582,684	139943
TOTAL SSR State Special Revenue							139944
Fund Group			$	1,582,684	$	1,582,684	139945
TOTAL ALL BUDGET FUND GROUPS			$	4,156,192	$	4,083,736	139946

Section 255.10. AFC OHIO CULTURAL FACILITIES COMMISSION

139948

General Revenue Fund	139949

GRF	371321	Operating Expenses	$	98,636	$	98,636	139950
GRF	371401	Lease Rental Payments	$	27,804,900	$	28,465,000	139951
TOTAL GRF General Revenue Fund			$	27,903,536	$	28,563,636	139952

State Special Revenue Fund Group	139953

4T80	371601	Riffe Theatre Equipment Maintenance	$	80,891	$	80,891	139954
4T80	371603	Project Administration Services	$	1,200,000	$	1,200,000	139955
TOTAL SSR State Special Revenue Group			$	1,280,891	$	1,280,891	139956
TOTAL ALL BUDGET FUND GROUPS			$	29,184,427	$	29,844,527	139957

LEASE RENTAL PAYMENTS

139958

The foregoing appropriation item 371401, Lease Rental	139959
Payments, shall be used to meet all payments at the times they are	139960
required to be made during the period from July 1, 2011 through	139961
June 30, 2013, from the Ohio Cultural Facilities Commission under	139962
the primary leases and agreements for those arts and sports	139963
facilities made under Chapters 152. and 154. of the Revised Code.	139964
These appropriations are the source of funds pledged for bond	139965
service charges on related obligations issued under Chapters 152.	139966
and 154. of the Revised Code.	139967

OPERATING EXPENSES

139968

The foregoing appropriation item 371321, Operating Expenses,	139969
shall be used by the Ohio Cultural Facilities Commission to carry	139970
out its responsibilities under this section and Chapter 3383. of	139971
the Revised Code.	139972

The foregoing appropriation item 371603, Project	139973
Administration Services, shall be used by the Ohio Cultural	139974
Facilities Commission in administering Cultural and Sports	139975
Facilities Building Fund (Fund 7030) projects pursuant to Chapter	139976
3383. of the Revised Code.	139977

By the tenth day following each calendar quarter in each	139978
fiscal year, or as soon as possible thereafter, the Director of	139979
Budget and Management shall determine the amount of cash from	139980
interest earnings to be transferred from the Cultural and Sports	139981
Facilities Building Fund (Fund 7030) to the Cultural Facilities	139982
Commission Administration Fund (Fund 4T80).	139983

As soon as possible after each bond issuance made on behalf	139984
of the Cultural Facilities Commission, the Director of Budget and	139985
Management shall determine the amount of cash from any premium	139986
paid on each issuance that is available to be transferred, after	139987
all issuance costs have been paid, from the Cultural and Sports	139988
Facilities Building Fund (Fund 7030) to the Cultural Facilities	139989
Commission Administration Fund (Fund 4T80).	139990

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

139991

The Executive Director of the Cultural Facilities Commission	139992
shall certify to the Director of Budget and Management the amount	139993
of cash receipts and related investment income, irrevocable	139994
letters of credit from a bank, or certification of the	139995
availability of funds that have been received from a county or a	139996
municipal corporation for deposit into the Capital Donations Fund	139997
(Fund 5A10) and that are related to an anticipated project. These	139998
amounts are hereby appropriated to appropriation item C37146,	139999
Capital Donations. Prior to certifying these amounts to the	140000
Director, the Executive Director shall make a written agreement	140001
with the participating entity on the necessary cash flows required	140002
for the anticipated construction or equipment acquisition project.	140003

Section 257.10. DEN STATE DENTAL BOARD

140004

General Services Fund Group	140005

4K90	880609	Operating Expenses	$	1,574,715	$	1,545,684	140006
TOTAL GSF General Services Fund							140007
Group			$	1,574,715	$	1,545,684	140008
TOTAL ALL BUDGET FUND GROUPS			$	1,574,715	$	1,545,684	140009

Section 259.10. BDP BOARD OF DEPOSIT

140011

General Services Fund Group	140012

4M20	974601	Board of Deposit	$	1,876,000	$	1,876,000	140013
TOTAL GSF General Services Fund							140014
Group			$	1,876,000	$	1,876,000	140015
TOTAL ALL BUDGET FUND GROUPS			$	1,876,000	$	1,876,000	140016

BOARD OF DEPOSIT EXPENSE FUND

140017

Upon receiving certification of expenses from the Treasurer	140018
of State, the Director of Budget and Management shall transfer	140019
cash from the Investment Earnings Redistribution Fund (Fund 6080)	140020
to the Board of Deposit Expense Fund (Fund 4M20). The latter fund	140021
shall be used pursuant to section 135.02 of the Revised Code to	140022
pay for any and all necessary expenses of the Board of Deposit or	140023
for banking charges and fees required for the operation of the	140024
State of Ohio Regular Account.	140025

Section 261.10. DEV DEPARTMENT OF DEVELOPMENT

140026

General Revenue Fund	140027

GRF	195401	Thomas Edison Program	$	13,820,354	$	0	140028
GRF	195402	Coal Development Office	$	260,983	$	261,205	140029
GRF	195404	Small Business Development	$	1,565,770	$	0	140030
GRF	195405	Minority Business Enterprise Division	$	1,118,528	$	0	140031
GRF	195407	Travel and Tourism	$	5,000,000	$	0	140032
GRF	195412	Rapid Outreach Grants	$	9,000,000	$	0	140033
GRF	195415	Strategic Business Investment Division and Regional Offices	$	4,500,000	$	0	140034
GRF	195416	Governor's Office of Appalachia	$	3,700,000	$	3,700,000	140035
GRF	195422	Technology Action	$	547,341	$	0	140036
GRF	195426	Clean Ohio Implementation	$	468,365	$	0	140037
GRF	195432	Global Markets	$	3,500,000	$	0	140038
GRF	195434	Industrial Training Grants	$	10,000,000	$	0	140039
GRF	195497	CDBG Operating Match	$	1,015,000	$	0	140040
GRF	195501	Appalachian Local Development Districts	$	391,482	$	391,482	140041
GRF	195502	Appalachian Regional Commission Dues	$	195,000	$	195,000	140042
GRF	195528	Economic Development Projects	$	0	$	25,943,518	140043
GRF	195901	Coal Research & Development General Obligation Debt Service	$	7,861,100	$	5,577,700	140044
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	29,323,300	$	63,640,300	140045
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	9,859,200	$	15,680,500	140046
TOTAL GRF General Revenue Fund			$	102,126,423	$	115,389,705	140047

General Services Fund Group	140048

1350	195684	Supportive Services	$	11,700,000	$	11,700,000	140049
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	140050
5AD0	195633	Legacy Projects	$	15,000,000	$	15,000,000	140051
5AD0	195677	Economic Development Contingency	$	10,000,000	$	0	140052
5W50	195690	Travel and Tourism Cooperative Projects	$	50,000	$	50,000	140053
6850	195636	Direct Cost Recovery Expenditures	$	750,000	$	750,000	140054
TOTAL GSF General Services Fund							140055
Group			$	40,000,000	$	30,000,000	140056

Federal Special Revenue Fund Group	140057

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	140058
3080	195603	Housing and Urban Development	$	6,000,000	$	6,000,000	140059
3080	195605	Federal Projects	$	85,028,606	$	85,470,106	140060
3080	195609	Small Business Administration	$	6,438,143	$	5,511,381	140061
3080	195618	Energy Federal Grants	$	38,000,000	$	3,400,000	140062
3350	195610	Energy Conservation and Emerging Technology	$	1,100,000	$	1,100,000	140063
3AE0	195643	Workforce Development Initiatives	$	16,300,000	$	16,300,000	140064
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	3,000,000	$	42,485	140065
3EG0	195608	Federal Energy Training	$	5,000,000	$	1,344,056	140066
3K80	195613	Community Development Block Grant	$	76,795,818	$	65,210,000	140067
3K90	195611	Home Energy Assistance Block Grant	$	115,743,608	$	115,743,608	140068
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	140069
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	140070
3V10	195601	HOME Program	$	40,000,000	$	40,000,000	140071
TOTAL FED Federal Special Revenue							140072
Fund Group			$	443,121,392	$	389,836,853	140073

State Special Revenue Fund Group	140074

4500	195624	Minority Business Bonding Program Administration	$	160,110	$	159,069	140075
4510	195625	Economic Development Financing Operating	$	3,000,000	$	3,000,000	140076
4F20	195639	State Special Projects	$	180,437	$	180,436	140077
4F20	195676	Marketing Initiatives	$	5,000,000	$	0	140078
4F20	195699	Utility Provided Funds	$	500,000	$	500,000	140079
4S00	195630	Tax Incentive Programs	$	650,800	$	650,800	140080
5CG0	195679	Alterative Fuel Transportation	$	750,000	$	750,000	140081
5HJ0	195604	Motion Picture Tax Credit Program	$	50,000	$	50,000	140082
5HR0	195526	Ohio Workforce Job Training	$	6,000,000	$	16,000,000	140083
5HR0	195622	Defense Development Assistance	$	10,000,000	$	10,000,000	140084
5JR0	195656	New Market Tax Credit Program	$	50,000	$	50,000	140085
5KD0	195621	Brownfield Stormwater Loan	$	50,000	$	50,000	140086
5M40	195659	Low Income Energy Assistance	$	245,000,000	$	245,000,000	140087
5M50	195660	Advanced Energy Programs	$	8,000,000	$	0	140088
5W60	195691	International Trade Cooperative Projects	$	160,000	$	160,000	140089
6170	195654	Volume Cap Administration	$	94,397	$	92,768	140090
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	140091
TOTAL SSR State Special Revenue							140092
Fund Group			$	332,645,744	$	329,643,073	140093

Facilities Establishment Fund Group	140094

5S90	195628	Capital Access Loan Program	$	1,500,000	$	1,500,000	140095
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	140096
7010	195665	Research and Development	$	22,000,000	$	22,000,000	140097
7037	195615	Facilities Establishment	$	55,000,000	$	55,000,000	140098
TOTAL 037 Facilities							140099
Establishment Fund Group			$	93,500,000	$	93,500,000	140100

Clean Ohio Revitalization Fund	140101

7003	195663		Clean Ohio Operating		$	950,000		$	950,000		140102
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		140103

Third Frontier Research & Development Fund Group	140104

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	140105
7011	195687	Third Frontier Research & Development Projects	$	183,850,250	$	133,850,250	140106
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	140107
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	140108
TOTAL 011 Third Frontier Research & Development Fund Group			$	225,000,000	$	175,000,000	140109

Job Ready Site Development Fund Group	140110

7012	195688		Job Ready Site Operating		$	800,000		$	800,000		140111
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		140112

Tobacco Master Settlement Agreement Fund Group	140113

M087	195435	Biomedical Research and Technology Transfer	$	1,999,224	$	1,999,224	140114
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,999,224	$	1,999,224	140115
TOTAL ALL BUDGET FUND GROUPS			$	1,240,142,783	$	1,137,118,855	140116

Section 261.10.10. THOMAS EDISON PROGRAM

140118

The foregoing appropriation item 195401, Thomas Edison	140119
Program, shall be used for the purposes of sections 122.28 to	140120
122.38 of the Revised Code. Of the foregoing appropriation item	140121
195401, Thomas Edison Program, not more than ten per cent in each	140122
fiscal year shall be used for operating expenditures in	140123
administering the programs of the Technology and Innovation	140124
Division.	140125

Section 261.10.20. SMALL BUSINESS DEVELOPMENT

140126

The foregoing appropriation item 195404, Small Business	140127
Development, shall be used as matching funds for grants from the	140128
United States Small Business Administration and other federal	140129
agencies, pursuant to Pub. L. No. 96-302 (1980) as amended by Pub.	140130
L. No. 98-395 (1984), and regulations and policy guidelines for	140131
the programs pursuant thereto. This appropriation item also may be	140132
used to provide grants to local organizations to support the	140133
operation of small business development centers and other local	140134
economic development activities that promote small business	140135
development and entrepreneurship.	140136

Section 261.10.30. RAPID OUTREACH GRANTS

140137

Appropriation item 195412, Rapid Outreach Grants, shall be	140138
used as an incentive for attracting, expanding, and retaining	140139
business opportunities for the state in accordance with Chapter	140140
166. of the Revised Code. Of the amount appropriated, no more than	140141
five per cent in each fiscal year shall be used for administrative	140142
costs of the Rapid Outreach Program.	140143

The department shall award funds directly to business	140144
entities considering Ohio for their expansion or new site location	140145
opportunities. Rapid Outreach grants shall be used by recipients	140146
to purchase equipment, make infrastructure improvements, make real	140147
property improvements, or fund other fixed assets. To meet the	140148
particular needs of economic development in a region, the	140149
department may elect to award funds directly to a political	140150
subdivision to assist with making on- or off-site infrastructure	140151
improvements to water and sewage treatment facilities, electric or	140152
gas service connections, fiber optic access, rail facilities, site	140153
preparation, and parking facilities. The Director of Development	140154
may recommend that the funds be used for alternative purposes when	140155
considered appropriate to satisfy an economic development	140156
opportunity or need deemed extraordinary in nature by the Director	140157
including, but not limited to, construction, rehabilitation, and	140158
acquisition projects for rail freight assistance as requested by	140159
the Department of Transportation. The Director of Transportation	140160
shall submit the proposed projects to the Director of Development	140161
for an evaluation of potential economic benefit.	140162

Moneys awarded directly to business entities from the	140163
foregoing appropriation item 195412, Rapid Outreach Grants, may be	140164
expended only after the submission of a request to the Controlling	140165
Board by the Department of Development outlining the planned use	140166
of the funds, and the subsequent approval of the request by the	140167
Controlling Board.	140168

Section 261.10.40. STRATEGIC BUSINESS INVESTMENT DIVISION AND	140169
REGIONAL OFFICES	140170

The foregoing appropriation item 195415, Strategic Business	140171
Investment Division and Regional Offices, shall be used for the	140172
operating expenses of the Strategic Business Investment Division	140173
and the regional economic development offices and for grants for	140174
cooperative economic development ventures.	140175

Section 261.10.50. GOVERNOR'S OFFICE OF APPALACHIA

140176

The foregoing appropriation item 195416, Governor's Office of	140177
Appalachia, may be used for the administrative costs of planning	140178
and liaison activities for the Governor's Office of Appalachia, to	140179
provide financial assistance to projects in Ohio's Appalachian	140180
counties, and to match federal funds from the Appalachian Regional	140181
Commission.	140182

Section 261.10.60. TECHNOLOGY ACTION

140183

The foregoing appropriation item 195422, Technology Action,	140184
shall be used for operating expenses the Department of Development	140185
incurs for administering sections 184.10 to 184.20 of the Revised	140186
Code. If the appropriation is insufficient to cover the operating	140187
expenses, the Department may request Controlling Board approval to	140188
appropriate the additional amount needed in appropriation item	140189
195686, Third Frontier Operating. The Department shall not request	140190
an amount in excess of the amount needed.	140191

Section 261.10.70. CLEAN OHIO IMPLEMENTATION

140192

The foregoing appropriation item 195426, Clean Ohio	140193
Implementation, shall be used to fund the costs of administering	140194
the Clean Ohio Revitalization program and other urban	140195
revitalization programs that may be implemented by the Department	140196
of Development.	140197

Section 261.10.80. GLOBAL MARKETS

140198

The foregoing appropriation item 195432, Global Markets,	140199
shall be used to administer Ohio's foreign trade and investment	140200
programs, including operation and maintenance of Ohio's	140201
out-of-state trade and investment offices. This appropriation item	140202
also shall be used to fund the Global Markets Division and to	140203
assist Ohio manufacturers, agricultural producers, and service	140204
providers in exporting to foreign countries and to assist in the	140205
attraction of foreign direct investment.	140206

Section 261.10.90. OHIO WORKFORCE GUARANTEE PROGRAM

140207

The foregoing appropriation item 195434, Industrial Training	140208
Grants, may be used for the Ohio Workforce Guarantee Program to	140209
promote training through grants to businesses and, in the case of	140210
a business consortium, training and education providers for the	140211
reimbursement of eligible training expenses.	140212

Section 261.20.10. ECONOMIC DEVELOPMENT PROJECTS

140213

The foregoing appropriation item 195528, Economic Development	140214
Projects, may be used for the purposes of Chapter 122. of the	140215
Revised Code. This appropriation item is made in anticipation of	140216
the evaluation of all powers, functions, and duties of the	140217
Department of Development by the Director of Development, as	140218
prescribed in Section 187.05 of the Revised Code. It is the intent	140219
of the General Assembly that the appropriations in the	140220
appropriation item be reallocated upon completion of the	140221
evaluation.	140222

Section 261.20.20. OHIO FILM OFFICE

140223

The Ohio Film Office shall promote media productions in the	140224
state and help the industry optimize its production experience in	140225
the state by enhancing local economies through increased	140226
employment and tax revenues and ensuring an accurate portrayal of	140227
Ohio. The Office shall serve as an informational clearinghouse and	140228
provide technical assistance to the media production industry and	140229
business entities engaged in media production in the state. The	140230
Office shall promote Ohio as the ideal site for media production	140231
and help those in the industry benefit from their experience in	140232
the state.	140233

The primary objective of the Office shall be to encourage	140234
development of a strong capital base for electronic media	140235
production in order to achieve an independent, self-supporting	140236
industry in Ohio. Other objectives shall include:	140237

(A) Attracting private investment for the electronic media	140238
production industry;	140239

(B) Developing a tax infrastructure that encourages private	140240
investment; and	140241

(C) Encouraging increased employment opportunities within	140242
this sector and increased competition with other states.	140243

Section 261.20.30. COAL RESEARCH AND DEVELOPMENT GENERAL	140244
OBLIGATION DEBT SERVICE	140245

The foregoing appropriation line item 195901, Coal Research	140246
and Development General Obligation Debt Service, shall be used to	140247
pay all debt service and related financing costs during the period	140248
July 1, 2011, through June 30, 2013 for obligations issued under	140249
sections 151.01 and 151.07 of the Revised Code.	140250

THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT	140251
SERVICE	140252

The foregoing appropriation item 195905, Third Frontier	140253
Research & Development General Obligation Debt Service, shall be	140254
used to pay all debt service and related financing costs during	140255
the period from July 1, 2011, through June 30, 2013, on	140256
obligations issued for research and development purposes under	140257
sections 151.01 and 151.10 of the Revised Code.	140258

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

140259

The foregoing appropriation item 195912, Job Ready Site	140260
Development General Obligation Debt Service, shall be used to pay	140261
all debt service and related financing costs during the period	140262
from July 1, 2011, through June 30, 2013, on obligations issued	140263
for job ready site development purposes under sections 151.01 and	140264
151.11 of the Revised Code.	140265

Section 261.20.40. SUPPORTIVE SERVICES

140266

The Director of Development may assess divisions of the	140267
department for the cost of central service operations. An	140268
assessment shall contain the characteristics of administrative	140269
ease and uniform application. A division's payments shall be	140270
credited to the Supportive Services Fund (Fund 1350) using an	140271
intrastate transfer voucher.	140272

ECONOMIC DEVELOPMENT CONTINGENCY

140273

The foregoing appropriation item 195677, Economic Development	140274
Contingency, may be used to award funds directly to either (1)	140275
business entities considering Ohio for expansion or new site	140276
location opportunities or (2) political subdivisions to assist	140277
with necessary costs involved in attracting a business entity. In	140278
addition, the Director of Development may award funds for	140279
alternative purposes when appropriate to satisfy an economic	140280
development opportunity or need deemed extraordinary in nature by	140281
the Director.	140282

DIRECT COST RECOVERY EXPENDITURES

140283

The foregoing appropriation item 195636, Direct Cost Recovery	140284
Expenditures, shall be used for reimbursable costs. Revenues to	140285
the General Reimbursement Fund (Fund 6850) shall consist of moneys	140286
charged for administrative costs that are not central service	140287
costs.	140288

Section 261.20.50. HEAP WEATHERIZATION

140289

Up to fifteen per cent of the federal funds deposited to the	140290
credit of the Home Energy Assistance Block Grant Fund (Fund 3K90)	140291
may be expended from appropriation item 195614, HEAP	140292
Weatherization, to provide home weatherization services in the	140293
state as determined by the Director of Development. Any transfers	140294
or increases in appropriation for the foregoing appropriation	140295
items 195614, HEAP Weatherization, or 195611, Home Energy	140296
Assistance Block Grant, shall be subject to approval by the	140297
Controlling Board.	140298

Section 261.20.60. STATE SPECIAL PROJECTS

140299

The State Special Projects Fund (Fund 4F20), may be used for	140300
the deposit of private-sector funds from utility companies and for	140301
the deposit of other miscellaneous state funds. State moneys so	140302
deposited shall be used to match federal housing grants for the	140303
homeless and to market economic development opportunities in the	140304
state. Private-sector moneys shall be deposited for use in	140305
appropriation item 195699, Utility Provided Funds, and shall be	140306
used to (1) pay the expenses of verifying the income-eligibility	140307
of HEAP applicants, (2) leverage additional federal funds, (3)	140308
fund special projects to assist homeless individuals, (4) fund	140309
special projects to assist with the energy efficiency of	140310
households eligible to participate in the Percentage of Income	140311
Payment Plan, and (5) assist with training programs for agencies	140312
that administer low-income customer assistance programs.	140313

Section 261.20.70. TAX INCENTIVE PROGRAMS OPERATING

140314

The foregoing appropriation item 195630, Tax Incentive	140315
Programs, shall be used for the operating costs of the Office of	140316
Grants and Tax Incentives.	140317

Section 261.20.80. MINORITY BUSINESS ENTERPRISE LOAN

140318

All repayments from the Minority Development Financing	140319
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	140320
Program shall be deposited in the State Treasury to the credit of	140321
the Minority Business Enterprise Loan Fund (Fund 4W10). Operating	140322
costs of administering the Minority Business Enterprise Loan Fund	140323
may be paid from the Minority Business Enterprise Loan Fund (Fund	140324
4W10).	140325

MINORITY BUSINESS BONDING FUND

140326

Notwithstanding Chapters 122., 169., and 175. of the Revised	140327
Code, the Director of Development may, upon the recommendation of	140328
the Minority Development Financing Advisory Board, pledge up to	140329
$10,000,000 in the fiscal year 2012-fiscal year 2013 biennium of	140330
unclaimed funds administered by the Director of Commerce and	140331
allocated to the Minority Business Bonding Program under section	140332
169.05 of the Revised Code. The transfer of any cash by the	140333
Director of Budget and Management from the Department of	140334
Commerce's Unclaimed Funds Fund (Fund 5430) to the Department of	140335
Development's Minority Business Bonding Fund (Fund 4490) shall	140336
occur, if requested by the Director of Development, only if such	140337
funds are needed for payment of losses arising from the Minority	140338
Business Bonding Program, and only after proceeds of the initial	140339
transfer of $2,700,000 by the Controlling Board to the Minority	140340
Business Bonding Program has been used for that purpose. Moneys	140341
transferred by the Director of Budget and Management from the	140342
Department of Commerce for this purpose may be moneys in custodial	140343
funds held by the Treasurer of State. If expenditures are required	140344
for payment of losses arising from the Minority Business Bonding	140345
Program, such expenditures shall be made from appropriation item	140346
195623, Minority Business Bonding Contingency in the Minority	140347
Business Bonding Fund, and such amounts are hereby appropriated.	140348

Section 261.20.90. OHIO INCUMBENT WORKFORCE TRAINING VOUCHERS

140349

(A) On July 1, 2011, or as soon as possible thereafter, the	140350
Director of Budget and Management shall transfer up to $6,000,000	140351
from the Economic Development Programs Fund (Fund 5JC0) used by	140352
the Board of Regents to the Ohio Incumbent Workforce Job Training	140353
Fund (Fund 5HR0) used by the Department of Development.	140354

On July 1, 2012, or as soon as possible thereafter, the	140355
Director of Budget and Management shall transfer up to $16,000,000	140356
from the Economic Development Programs Fund (Fund 5JC0) used by	140357
the Board of Regents to the Ohio Incumbent Workforce Job Training	140358
Fund (Fund 5HR0) used by the Department of Development.	140359

(B) Of the foregoing appropriation item 195526, Ohio	140360
Workforce Job Training, up to $6,000,000 in fiscal year 2012 and	140361
up to $16,000,000 in fiscal year 2013 shall be used to support the	140362
Ohio Incumbent Workforce Training Voucher Program. The Director of	140363
Development and the Chief Investment Officer of JobsOhio may enter	140364
into an agreement to operate the program pursuant to the contract	140365
between the Department of Development and JobsOhio under section	140366
187.04 of the Revised Code. The agreement may include a provision	140367
for granting, loaning, or transferring funds from appropriation	140368
item 195526, Ohio Incumbent Workforce Job Training, to JobsOhio to	140369
provide training for incumbent workers.	140370

(C) Regardless of any agreement between the Director and the	140371
Chief Investment Officer under division (B) of this section, the	140372
Ohio Incumbent Workforce Training Voucher Program shall conform to	140373
guidelines for the operation of the program, including, but not	140374
limited to, the following:	140375

(1) A requirement that a training voucher under the program	140376
shall not exceed $6,000 per worker per year;	140377

(2) A provision for an employer of an eligible employee to	140378
apply for a voucher on behalf of the eligible employee;	140379

(3) A provision for an eligible employee to apply directly	140380
for a training voucher with the pre-approval of the employee's	140381
employer; and	140382

(4) A requirement that an employee participating in the	140383
program, or the employee's employer, shall pay for not less than	140384
thirty-three per cent of the training costs under the program.	140385

DEFENSE DEVELOPMENT ASSISTANCE

140386

On July 1 of each fiscal year, or as soon as possible	140387
thereafter, the Director of Budget and Management shall transfer	140388
$10,000,000 in cash from the Economic Development Projects Fund	140389
(Fund 5JC0) used by the Board of Regents to the Ohio Incumbent	140390
Workforce Job Training Fund (Fund 5HR0) used by the Department of	140391
Development. The transferred funds are hereby appropriated in	140392
appropriation item 195622, Defense Development Assistance.	140393

The foregoing appropriation item 195622, Defense Development	140394
Assistance, shall be used for economic development programs and	140395
the creation of new jobs to leverage and support mission gains at	140396
Department of Defense facilities in Ohio by working with future	140397
base realignment and closure activities and ongoing Department of	140398
Defense efficiency initiatives, assisting efforts to secure	140399
Department of Defense support contracts for Ohio companies,	140400
assessing and supporting regional job training and workforce	140401
development needs generated by the Department of Defense and the	140402
Ohio aerospace industry, and for expanding job training and	140403
economic development programs in human performance related	140404
initiatives. These funds shall be matched by private industry	140405
partners or the Department of Defense in an aggregate amount of	140406
$6,000,000 over the FY 2012-FY 2013 biennium.	140407

Section 261.30.10. ADVANCED ENERGY FUND

140408

The foregoing appropriation item 195660, Advanced Energy	140409
Programs, shall be used to provide financial assistance to	140410
customers for eligible advanced energy projects for residential,	140411
commercial, and industrial business, local government, educational	140412
institution, nonprofit, and agriculture customers, and to pay for	140413
the program's administrative costs as provided in sections 4928.61	140414
to 4928.63 of the Revised Code and rules adopted by the Director	140415
of Development.	140416

On July 1 of each fiscal year, or as soon as possible	140417
thereafter, the Director of Budget and Management shall transfer	140418
$750,000 in cash from the Advanced Energy Fund (Fund 5M50) to the	140419
Alternative Fuel Transportation Grant Fund (Fund 5CG0).	140420

VOLUME CAP ADMINISTRATION

140421

The foregoing appropriation item 195654, Volume Cap	140422
Administration, shall be used for expenses related to the	140423
administration of the Volume Cap Program. Revenues received by the	140424
Volume Cap Administration Fund (Fund 6170) shall consist of	140425
application fees, forfeited deposits, and interest earned from the	140426
custodial account held by the Treasurer of State.	140427

Section 261.30.20. INNOVATION OHIO LOAN FUND

140428

The foregoing appropriation item 195664, Innovation Ohio,	140429
shall be used to provide for innovation Ohio purposes, including	140430
loan guarantees and loans under Chapter 166. and particularly	140431
sections 166.12 to 166.16 of the Revised Code.	140432

RESEARCH AND DEVELOPMENT

140433

The foregoing appropriation item 195665, Research and	140434
Development, shall be used to provide for research and development	140435
purposes, including loans, under Chapter 166. and particularly	140436
sections 166.17 to 166.21 of the Revised Code.	140437

LOGISTICS AND DISTRIBUTION INFRASTRUCTURE

140438

Appropriation item 195698, Logistics and Distribution	140439
Infrastructure, shall be used for eligible logistics and	140440
distribution infrastructure projects as defined in section 166.01	140441
of the Revised Code. Any unexpended and unencumbered portion of	140442
the appropriation item at the end of fiscal year 2011 is hereby	140443
reappropriated for the same purpose in fiscal year 2012, and any	140444
unexpended and unencumbered portion of the appropriation item at	140445
the end of fiscal year 2012 is hereby reappropriated for the same	140446
purpose in fiscal year 2013.	140447

After all encumbrances have been paid, the Director of Budget	140448
and Management shall transfer the remaining cash balance in the	140449
Logistics and Distribution Infrastructure Fund (Fund 7008) to the	140450
Facilities Establishment Fund (Fund 7037).	140451

FACILITIES ESTABLISHMENT FUND

140452

The foregoing appropriation item 195615, Facilities	140453
Establishment (Fund 7037), shall be used for the purposes of the	140454
Facilities Establishment Fund under Chapter 166. of the Revised	140455
Code.	140456

Notwithstanding Chapter 166. of the Revised Code, an amount	140457
not to exceed $1,000,000 in cash in fiscal year 2012 may be	140458
transferred from the Facilities Establishment Fund (Fund 7037) to	140459
the Economic Development Financing Operating Fund (Fund 4510). The	140460
transfer is subject to Controlling Board approval under division	140461
(B) of section 166.03 of the Revised Code.	140462

Notwithstanding Chapter 166. of the Revised Code, the	140463
Director of Budget and Management may transfer an amount not to	140464
exceed $2,500,000 in cash in each fiscal year from the Facilities	140465
Establishment Fund (Fund 7037) to the Minority Business Enterprise	140466
Loan Fund (Fund 4W10).	140467

On July 1, 2011, or as soon as possible thereafter, the	140468
Director of Budget and Management shall transfer the unexpended	140469
and unencumbered cash balance in the Urban Development Loans Fund	140470
(Fund 5D20) to the Facilities Establishment Fund (Fund 7037).	140471

On July 1, 2011, or as soon as possible thereafter, the	140472
Director of Budget and Management shall transfer the unexpended	140473
and unencumbered cash balance in the Rural Industrial Park Loan	140474
Fund (Fund 4Z60) to the Facilities Establishment Fund (Fund 7037).	140475

CAPITAL ACCESS LOAN PROGRAM

140476

The foregoing appropriation item 195628, Capital Access Loan	140477
Program, shall be used for operating, program, and administrative	140478
expenses of the program. Funds of the Capital Access Loan Program	140479
shall be used to assist participating financial institutions in	140480
making program loans to eligible businesses that face barriers in	140481
accessing working capital and obtaining fixed-asset financing.	140482

Section 261.30.30. CLEAN OHIO OPERATING EXPENSES

140483

The foregoing appropriation item 195663, Clean Ohio	140484
Operating, shall be used by the Department of Development in	140485
administering Clean Ohio Revitalization Fund (Fund 7003) projects	140486
pursuant to sections 122.65 to 122.658 of the Revised Code.	140487

Section 261.30.40. THIRD FRONTIER OPERATING

140488

The foregoing appropriation items 195686, Third Frontier	140489
Operating, and 195620, Third Frontier Operating - Tax, shall be	140490
used for operating expenses incurred by the Department of	140491
Development in administering projects pursuant to sections 184.10	140492
to 184.20 of the Revised Code. Operating expenses paid from item	140493
195686 shall be limited to the administration of projects funded	140494
from the Third Frontier Research & Development Fund (Fund 7011)	140495
and operating expenses paid from item 195620 shall be limited to	140496
the administration of projects funded from the Third Frontier	140497
Research & Development Taxable Bond Project Fund (Fund 7014).	140498

Section 261.30.50. THIRD FRONTIER RESEARCH AND DEVELOPMENT	140499
PROJECTS AND RESEARCH AND DEVELOPMENT TAXABLE BOND PROJECTS	140500

The foregoing appropriation items 195687, Third Frontier	140501
Research & Development Projects, 195692, Research & Development	140502
Taxable Bond Projects, and 195620, Third Frontier Operating - Tax,	140503
shall be used by the Department of Development to fund selected	140504
projects. Eligible costs are those costs of research and	140505
development projects to which the proceeds of the Third Frontier	140506
Research & Development Fund (Fund 7011) and the Research &	140507
Development Taxable Bond Project Fund (Fund 7014) are to be	140508
applied.	140509

TRANSFERS OF THIRD FRONTIER APPROPRIATIONS

140510

The Director of Budget and Management may approve written	140511
requests from the Director of Development for the transfer of	140512
appropriations between appropriation items 195687, Third Frontier	140513
Research & Development Projects, and 195692, Research &	140514
Development Taxable Bond Projects, based upon awards recommended	140515
by the Third Frontier Commission. The transfers are subject to	140516
approval by the Controlling Board.	140517

On or before June 30, 2012, any unexpended and unencumbered	140518
portions of the foregoing appropriation items 195687, Third	140519
Frontier Research & Development Projects, and 195692, Research &	140520
Development Taxable Bond Projects, for fiscal year 2012 are hereby	140521
reappropriated to the Department of Development for the same	140522
purposes for fiscal year 2013.	140523

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

140524

The Ohio Public Facilities Commission, upon request of the	140525
Department of Development, is hereby authorized to issue and sell,	140526
in accordance with Section 2p of Article VIII, Ohio Constitution,	140527
and particularly sections 151.01 and 151.10 of the Revised Code,	140528
original obligations of the State of Ohio in an aggregate amount	140529
not to exceed $400,000,000 in addition to the original issuance of	140530
obligations authorized by prior acts of the General Assembly. The	140531
authorized obligations shall be issued and sold from time to time	140532
and in amounts necessary to ensure sufficient moneys to the credit	140533
of the Third Frontier Research and Development Fund (Fund 7011) to	140534
pay costs of research and development projects.	140535

Section 261.30.60. JOB READY SITE OPERATING

140536

The foregoing appropriation item 195688, Job Ready Site	140537
Operating, shall be used for operating expenses incurred by the	140538
Department of Development in administering Job Ready Site	140539
Development Fund (Fund 7012) projects pursuant to sections 122.085	140540
to 122.0820 of the Revised Code. Operating expenses include, but	140541
are not limited to, certain qualified expenses of the District	140542
Public Works Integrating Committees, as applicable, engineering	140543
review of submitted applications by the State Architect or a third	140544
party engineering firm, audit and accountability activities, and	140545
costs associated with formal certifications verifying that site	140546
infrastructure is in place and is functional.	140547

Section 261.30.70. OHIO COAL DEVELOPMENT OFFICE

140548

On July 1, 2011, or as soon as possible thereafter, the	140549
Director of Budget and Management shall transfer any unexpended	140550
and unencumbered portion of appropriation item 898604, Coal	140551
Research and Development Fund, used by the Ohio Air Quality	140552
Development Authority, to a new capital appropriation item in the	140553
Department of Development, to be determined by the Director. The	140554
Director also shall cancel all outstanding encumbrances against	140555
appropriation item 898604, Coal Research and Development Fund, and	140556
reestablish them against the foregoing new capital appropriation	140557
item. The amounts of the transfer and the reestablished	140558
encumbrances, plus $2,283,264, are hereby appropriated for fiscal	140559
year 2012 in the foregoing new appropriation item and shall be	140560
used to provide funding for coal research and development	140561
purposes.	140562

Section 261.30.80. THIRD FRONTIER BIOMEDICAL RESEARCH AND	140563
COMMERCIALIZATION SUPPORT	140564

The General Assembly and the Governor recognize the role that	140565
the biomedical industry has in job creation, innovation, and	140566
economic development throughout Ohio. It is the intent of the	140567
General Assembly, the Governor, the Director of Development, and	140568
the Director of Budget and Management to work together in	140569
continuing to provide comprehensive state support for the	140570
biomedical industry.	140571

Section 261.30.90. UNCLAIMED FUNDS TRANSFER

140572

(A) Notwithstanding division (A) of section 169.05 of the	140573
Revised Code, upon the request of the Director of Budget and	140574
Management, the Director of Commerce, before June 30, 2012, shall	140575
transfer to the Job Development Initiatives Fund (Fund 5AD0) an	140576
amount not to exceed $25,000,000 in cash of the unclaimed funds	140577
that have been reported by the holders of unclaimed funds under	140578
section 169.05 of the Revised Code, regardless of the allocation	140579
of the unclaimed funds described under that section.	140580

Notwithstanding division (A) of section 169.05 of the Revised	140581
Code, upon the request of the Director of Budget and Management,	140582
the Director of Commerce, before June 30, 2013, shall transfer to	140583
the Job Development Initiatives Fund (Fund 5AD0) an amount not to	140584
exceed $15,000,000 in cash of the unclaimed funds that have been	140585
reported by the holders of unclaimed funds under section 169.05 of	140586
the Revised Code, regardless of the allocation of the unclaimed	140587
funds described under that section.	140588

(B) Notwithstanding division (A) of section 169.05 of the	140589
Revised Code, upon the request of the Director of Budget and	140590
Management, the Director of Commerce, before June 30, 2012, shall	140591
transfer to the State Special Projects Fund (Fund 4F20) an amount	140592
not to exceed $5,000,000 in cash of the unclaimed funds that have	140593
been reported by the holders of unclaimed funds under section	140594
169.05 of the Revised Code, regardless of the allocation of the	140595
unclaimed funds described under that section.	140596

Section 261.40.10. WORKFORCE DEVELOPMENT

140597

The Director of Development and the Director of Job and	140598
Family Services may enter into one or more interagency agreements	140599
between the two departments and take other actions the directors	140600
consider appropriate to further integrate workforce development	140601
into a larger economic development strategy, to implement the	140602
recommendations of the Workforce Policy Board, and to complete	140603
activities related to the transition of the administration of	140604
employment programs identified by the board. Subject to the	140605
approval of the Director of Budget and Management, the Department	140606
of Development and the Department of Job and Family Services may	140607
expend moneys to support the recommendations of the Workforce	140608
Policy Board in the area of integration of employment functions as	140609
described in this paragraph and to complete implementation and	140610
transition activities from the appropriations to those	140611
departments.	140612

Section 263.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

140613

General Revenue Fund	140614

GRF	320321	Central Administration	$	4,422,794	$	4,422,794	140615
GRF	320412	Protective Services	$	2,174,826	$	1,957,343	140616
GRF	320415	Lease-Rental Payments	$	18,394,250	$	19,907,900	140617
GRF	322407	Medicaid State Match	$	218,034,162	$	214,902,506	140618
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	140619
GRF	322501	County Boards Subsidies	$	40,906,365	$	44,449,280	140620
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	140621
TOTAL GRF General Revenue Fund			$	303,865,155	$	305,572,581	140622

General Services Fund Group	140623

1520	323609		Developmental Center and Residential Operating Services		$	3,414,317		$	3,414,317		140624
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		140625

Federal Special Revenue Fund Group	140626

3A50	320613	DD Council	$	3,341,572	$	3,341,572	140627
3250	322612	Community Social Service Programs	$	11,017,754	$	10,604,896	140628
3DZ0	322648	Enhanced Medicaid - Federal	$	10,000,000	$	0	140629
3G60	322639	Medicaid Waiver - Federal	$	866,566,007	$	985,566,007	140630
3M70	322650	CAFS Medicaid	$	29,349,502	$	29,349,502	140631
3A40	323605	Developmental Center and Residential Facility Services and Support	$	180,266,029	$	179,384,881	140632
TOTAL FED Federal Special Revenue Fund Group			$	1,100,540,864	$	1,208,246,858	140633

State Special Revenue Fund Group	140634

5GE0	320606	Operating and Services	$	7,406,609	$	7,407,297	140635
2210	322620	Supplement Service Trust	$	150,000	$	150,000	140636
4K80	322604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	140637
5CT0	322632	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	140638
5DJ0	322625	Targeted Case Management Match	$	21,000,000	$	24,000,000	140639
5DJ0	322626	Targeted Case Management Services	$	57,307,357	$	66,000,000	140640
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	140641
5EV0	322627	Program Fees	$	685,000	$	685,000	140642
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	140643
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	140644
5Z10	322624	County Board Waiver Match	$	235,000,000	$	290,000,000	140645
4890	323632	Developmental Center Direct Care Support	$	16,497,170	$	16,497,169	140646
5S20	590622	Medicaid Administration & Oversight	$	20,875,567	$	21,727,540	140647
TOTAL SSR State Special Revenue Fund Group			$	372,876,703	$	440,422,006	140648
TOTAL ALL BUDGET FUND GROUPS			$	1,780,697,039	$	1,957,655,762	140649

Section 263.10.10. LEASE-RENTAL PAYMENTS

140651

The foregoing appropriation item 320415, Lease-Rental	140652
Payments, shall be used to meet all payments at the times they are	140653
required to be made during the period from July 1, 2011, through	140654
June 30, 2013, by the Department of Developmental Disabilities	140655
under leases and agreements made under section 154.20 of the	140656
Revised Code. These appropriations are the source of funds pledged	140657
for bond service charges or obligations issued pursuant to Chapter	140658
154. of the Revised Code.	140659

Section 263.10.20. MEDICAID - STATE MATCH (GRF)

140660

Except as otherwise provided in section 5123.0416 of the	140661
Revised Code, the purposes for which the foregoing appropriation	140662
item 322407, Medicaid State Match, shall be used include the	140663
following:	140664

(A) Home and community-based waiver services under Title XIX	140665
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	140666
as amended.	140667

(B) To pay the nonfederal share of the cost of one or more	140668
new intermediate care facilities for the mentally retarded	140669
certified beds, if the Director of Developmental Disabilities is	140670
required by this act to transfer cash from funds used by the	140671
Department to any fund used by the Department of Job and Family	140672
Services to pay such nonfederal share.	140673

(C) To implement the requirements of the agreement settling	140674
the consent decree in Sermak v. Manuel, Case No. C-2-80-220,	140675
United States District Court for the Southern District of Ohio,	140676
Eastern Division.	140677

(D) To implement the requirements of the agreement settling	140678
the consent decree in the Martin v. Strickland, Case No.	140679
89-CV-00362, United States District Court for the Southern	140680
District of Ohio, Eastern Division.	140681

(E) Developmental center and residential facilities services.

140682

(F) Other programs as identified by the Director of	140683
Developmental Disabilities.	140684

Section 263.10.30. FAMILY SUPPORT SERVICES SUBSIDY

140685

(A) The foregoing appropriation item 322451, Family Support	140686
Services, may be used as follows in fiscal year 2012 and fiscal	140687
year 2013:	140688

(1) The appropriation item may be used to provide a subsidy	140689
to county boards of developmental disabilities for family support	140690
services provided under section 5126.11 of the Revised Code. The	140691
subsidy shall be paid in quarterly installments and allocated to	140692
county boards according to a formula the Director of Developmental	140693
Disabilities shall develop in consultation with representatives of	140694
county boards. A county board shall use not more than seven per	140695
cent of its subsidy for administrative costs.	140696

(2) The appropriation item may be used to distribute funds to	140697
county boards for the purpose of addressing economic hardships and	140698
to promote efficiency of operations. In consultation with	140699
representatives of county boards, the Director shall determine the	140700
amount of funds to distribute for these purposes and the criteria	140701
for distributing the funds.	140702

(B) Each county board shall submit reports to the Department	140703
of Developmental Disabilities on the use of funds received under	140704
this section. The reports shall be submitted at the times and in	140705
the manner specified in rules the Director shall adopt in	140706
accordance with Chapter 119. of the Revised Code.	140707

Section 263.10.40. STATE SUBSIDY TO COUNTY DD BOARDS

140708

(A) Except as otherwise provided in the section of this act	140709
titled "NONFEDERAL SHARE OF NEW ICF/MR BEDS," the foregoing	140710
appropriation item 322501, County Boards Subsidies, shall be used	140711
for the following purposes:	140712

(1) To provide a subsidy to county boards of developmental	140713
disabilities in quarterly installments and allocated according to	140714
a formula developed by the Director of Developmental Disabilities	140715
in consultation with representatives of county boards. Except as	140716
otherwise provided in section 5126.0511 of the Revised Code, or in	140717
division (B) of this section, county boards shall use the subsidy	140718
for early childhood services and adult services provided under	140719
section 5126.05 of the Revised Code, service and support	140720
administration provided under section 5126.15 of the Revised Code,	140721
or supported living as defined in section 5126.01 of the Revised	140722
Code.	140723

(2) To provide funding, as determined necessary by the	140724
Director of Developmental Disabilities, for residential services,	140725
including room and board, and support service programs that enable	140726
individuals with developmental disabilities to live in the	140727
community.	140728

(3) To distribute funds to county boards of developmental	140729
disabilities to address economic hardships and promote efficiency	140730
of operations. The Director shall determine, in consultation with	140731
representatives of county boards, the amount of funds to	140732
distribute for these purposes and the criteria for distributing	140733
the funds.	140734

(B) In collaboration with the county's family and children	140735
first council, a county board of developmental disabilities may	140736
transfer portions of funds received under this section, to a	140737
flexible funding pool in accordance with the section of this act	140738
titled "FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	140739

Section 263.10.50. COUNTY BOARD SHARE OF WAIVER SERVICES

140740

As used in this section, "home and community-based services"	140741
has the same meaning as in section 5123.01 of the Revised Code.	140742

The Director of Developmental Disabilities shall establish a	140743
methodology to be used in fiscal year 2012 and fiscal year 2013 to	140744
estimate the quarterly amount each county board of developmental	140745
disabilities is to pay of the nonfederal share of home and	140746
community-based services that section 5126.0510 of the Revised	140747
Code requires county boards to pay. Each quarter, the Director	140748
shall submit to a county board written notice of the amount the	140749
county board is to pay for that quarter. The notice shall specify	140750
when the payment is due.	140751

Section 263.10.60. TAX EQUITY

140752

Notwithstanding section 5126.18 of the Revised Code, the	140753
foregoing appropriation item 322503, Tax Equity, may be used to	140754
distribute funds to county boards of developmental disabilities to	140755
address economic hardships and promote efficiency of operations.	140756
The Director shall determine, in consultation with representatives	140757
of county boards, the amount of funds to distribute for these	140758
purposes and the criteria for distributing the funds.	140759

Section 263.10.70. MEDICAID WAIVER - STATE MATCH

140760

The foregoing appropriation item 322604, Medicaid Waiver -	140761
State Match (Fund 4K80), shall be used as state matching funds for	140762
home and community-based waivers.	140763

Section 263.10.80. ICF/MR CONVERSION

140764

(A) As used in this section, "home and community-based	140765
services" has the same meaning as in section 5123.01 of the	140766
Revised Code.	140767

(B) For each quarter of the biennium, the Director of	140768
Developmental Disabilities shall certify to the Director of Budget	140769
and Management the estimated amount needed to fund the provision	140770
of home and community-based services made available by the slots	140771
sought under section 5111.877 of the Revised Code. On receipt of	140772
certification, the Director of Budget and Management shall	140773
transfer the estimated amount in cash from the General Revenue	140774
Fund to the Home and Community-Based Services Fund (Fund 4K80),	140775
used by the Department of Developmental Disabilities. Upon	140776
completion of the transfer, appropriation item 600525, Health	140777
Care/Medicaid, is hereby reduced by the amount transferred under	140778
this section plus the corresponding federal share. The amount	140779
transferred to Fund 4K80 is hereby appropriated to appropriation	140780
item 322604, Medicaid Waiver – State Match.	140781

(C) If receipts credited to the Medicaid Waiver Fund (Fund	140782
3G60) exceed the amounts appropriated from the fund, the Director	140783
of Developmental Disabilities may request the Director of Budget	140784
and Management to authorize expenditures from the fund in excess	140785
of the amounts appropriated. Upon the approval of the Director of	140786
Budget and Management, the additional amounts are hereby	140787
appropriated.	140788

(D) If receipts credited to the Interagency Reimbursement	140789
Fund (Fund 3G50) exceed the amounts appropriated from the fund,	140790
the Director of Job and Family Services may request the Director	140791
of Budget and Management to authorize expenditures from the fund	140792
in excess of the amounts appropriated. Upon approval of the	140793
Director of Budget and Management, the additional amounts are	140794
hereby appropriated.	140795

Section 263.10.90. TARGETED CASE MANAGEMENT SERVICES

140796

County boards of developmental disabilities shall pay the	140797
nonfederal portion of targeted case management costs to the	140798
Department of Developmental Disabilities.	140799

The Directors of Developmental Disabilities and Job and	140800
Family Services may enter into an interagency agreement under	140801
which the Department of Developmental Disabilities shall transfer	140802
cash from the Targeted Case Management Fund (Fund 5DJ0) to the	140803
Medicaid Program Support - State Fund (Fund 5C90) used by the	140804
Department of Job and Family Services in an amount equal to the	140805
nonfederal portion of the cost of targeted case management	140806
services paid by county boards, and the Department of Job and	140807
Family Services shall pay the total cost of targeted case	140808
management claims. The transfer shall be made using an intrastate	140809
transfer voucher.	140810

Section 263.20.10. WITHHOLDING OF FUNDS OWED THE DEPARTMENT

140811

If a county board of developmental disabilities does not	140812
fully pay any amount owed to the Department of Developmental	140813
Disabilities by the due date established by the Department, the	140814
Director of Developmental Disabilities may withhold the amount the	140815
county board did not pay from any amounts due to the county board.	140816
The Director may use any appropriation item or fund used by the	140817
Department to transfer cash to any other fund used by the	140818
Department in an amount equal to the amount owed the Department	140819
that the county board did not pay. Transfers under this section	140820
shall be made using an intrastate transfer voucher.	140821

Section 263.20.20. TRANSFER TO MEDICAID REPAYMENT FUND

140822

On July 1, 2011, or as soon as possible thereafter, the	140823
Director of Developmental Disabilities shall request that the	140824
Director of Budget and Management transfer the cash balance in the	140825
Purchase of Service Fund (Fund 4880) to the Medicaid Repayment	140826
Fund (Fund 5H00). Upon completion of the transfer, Fund 4880 is	140827
hereby abolished. The Director of Developmental Disabilities shall	140828
cancel any existing encumbrances against appropriation item	140829
322603, Provider Audit Refunds, and re-establish them against	140830
appropriation item 322619, Medicaid Repayment. The re-established	140831
encumbrances are hereby appropriated.	140832

Section 263.20.30. DEVELOPMENTAL CENTER BILLING FOR SERVICES

140833

Developmental centers of the Department of Developmental	140834
Disabilities may provide services to persons with mental	140835
retardation or developmental disabilities living in the community	140836
or to providers of services to these persons. The Department may	140837
develop a method for recovery of all costs associated with the	140838
provisions of these services.	140839

Section 263.20.40. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	140840
PHARMACY PROGRAMS	140841

The Director of Developmental Disabilities shall quarterly	140842
transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the	140843
Medicaid Program Support - State Fund (Fund 5C90) used by the	140844
Department of Job and Family Services, in an amount equal to the	140845
nonfederal share of Medicaid prescription drug claim costs for all	140846
developmental centers paid by the Department of Job and Family	140847
Services. The quarterly transfer shall be made using an intrastate	140848
transfer voucher.	140849

Section 263.20.50. NONFEDERAL MATCH FOR ACTIVE TREATMENT	140850
SERVICES	140851

Any county funds received by the Department of Developmental	140852
Disabilities from county boards for active treatment shall be	140853
deposited in the Developmental Disabilities Operating Fund (Fund	140854
4890).	140855

Section 263.20.60. NONFEDERAL SHARE OF NEW ICF/MR BEDS

140856

(A) As used in this section, "intermediate care facility for	140857
the mentally retarded" has the same meaning as in section 5111.20	140858
of the Revised Code.	140859

(B) If the Department of Developmental Disabilities is	140860
required by section 5111.211 of the Revised Code to pay the	140861
nonfederal share of claims submitted for services that are covered	140862
by the Medicaid program and provided to an eligible Medicaid	140863
recipient by an intermediate care facility for the mentally	140864
retarded, the Director of Developmental Disabilities shall	140865
transfer cash to the Department of Job and Family Services to pay	140866
the nonfederal share of the claims. The transfer shall be made	140867
using an intrastate transfer voucher. Except as otherwise provided	140868
in section 5123.0416 of the Revised Code, the Director shall use	140869
only the following appropriation items for the transfer:	140870

(1) Appropriation item 322407, Medicaid State Match;

140871

(2) Appropriation item 322501, County Boards Subsidies.

140872

(C) If the intermediate care facility for the mentally	140873
retarded is located in a county served by a county board of	140874
developmental disabilities that initiates or supports the	140875
facility's certification as an intermediate care facility for the	140876
mentally retarded by the Director of Health, the cash that the	140877
Director transfers under division (B) of this section shall be	140878
moneys that the Director has allocated to the county board serving	140879
the county in which the facility is located unless the amount of	140880
the allocation is insufficient to pay the entire nonfederal share	140881
of the claims submitted by the facility. If the allocation is	140882
insufficient, the Director shall use as much of such moneys	140883
allocated to other counties as is needed to make up the	140884
difference.	140885

Section 263.20.70. RATE INCREASE FOR WAIVER PROVIDERS	140886
SERVING FORMER RESIDENTS OF DEVELOPMENTAL CENTERS	140887

Subject to approval by the Centers for Medicare and Medicaid	140888
Services, the Department of Job and Family Services shall increase	140889
the rate paid to a provider under the Individual Options Waiver by	140890
fifty-two cents for each fifteen minutes of routine	140891
homemaker/personal care provided to an individual for up to a year	140892
if all of the following apply:	140893

(A) The individual was a resident of a developmental center	140894
immediately prior to enrollment in the waiver;	140895

(B) The provider begins serving the individual on or after	140896
July 1, 2011;	140897

(C) The Director of Developmental Disabilities determines	140898
that the increased rate is warranted by the individual's special	140899
circumstances, including the individual's diagnosis, service	140900
needs, or length of stay at the developmental center, and that	140901
serving the individual through the Individual Options Waiver is	140902
fiscally prudent for the Medicaid program.	140903

Section 263.20.80. ODODD INNOVATIVE PILOT PROJECTS

140904

(A) In fiscal year 2012 and fiscal year 2013, the Director of	140905
Developmental Disabilities may authorize the implementation of one	140906
or more innovative pilot projects that, in the judgment of the	140907
Director, are likely to assist in promoting the objectives of	140908
Chapter 5123. or 5126. of the Revised Code. Subject to division	140909
(B) of this section and notwithstanding any provision of Chapters	140910
5123. and 5126. of the Revised Code and any rule adopted under	140911
either chapter, a pilot project authorized by the Director may be	140912
implemented in a manner inconsistent with one or more provisions	140913
of Chapter 5123. or 5126. of the Revised Code or one or more rules	140914
adopted under either chapter. Before authorizing a pilot program,	140915
the Director shall consult with entities interested in the issue	140916
of developmental disabilities, including the Ohio Provider	140917
Resource Association, the Ohio Association of County Boards of	140918
Developmental Disabilities, and the ARC of Ohio.	140919

(B) The Director may not authorize a pilot project to be	140920
implemented in a manner that would cause the state to be out of	140921
compliance with any requirements for a program funded in whole or	140922
in part with federal funds.	140923

Section 263.20.90. OHIO DEVELOPMENTAL DISABILITIES COUNCIL	140924
REMOTE ATTENDANCE PILOT PROGRAM	140925

(A) The Ohio Developmental Disabilities Council may establish	140926
a pilot program to allow Council members to attend a public	140927
Council meeting by teleconference or video conference in lieu of	140928
physically attending the meeting. If the pilot program is	140929
established, it shall be operated until five years after the	140930
effective date of this section.	140931

A member who attends a Council meeting by teleconference or	140932
video conference shall be counted for purposes of determining	140933
whether a quorum is present for the transaction of business. The	140934
member shall be permitted to vote at the meeting.	140935

At each Council meeting that includes members in attendance	140936
by teleconference or video conference, at least three Council	140937
members shall be physically present. Any Council meeting may be	140938
held with members in attendance by teleconference or video	140939
conference, except that the Council shall hold at least one	140940
meeting during each year of the pilot program at which members are	140941
not permitted to attend by teleconference or video conference.	140942

(B) If the pilot program is established, the Council shall	140943
submit a report to the General Assembly not later than four years	140944
after the effective date of this section to assist the recipients	140945
in determining whether legislation establishing remote attendance	140946
by teleconference or video conference for the meetings of other	140947
public bodies would be beneficial. The report shall be submitted	140948
in accordance with section 101.68 of the Revised Code. The report	140949
shall include all of the following:	140950

(1) A description of the effect of teleconferencing or video	140951
conferencing on the operation of the Council meetings;	140952

(2) An accounting of any costs incurred or savings realized	140953
by the Council through the use of teleconferencing or video	140954
conferencing;	140955

(3) For each Council meeting held during the pilot program,	140956
all of the following:	140957

(a) The notice of each meeting;

140958

(b) Attendance records for all Council members;

140959

140960

(d) A summary or copy of any comments made by the public or	140961
media regarding the use of teleconferencing or video conferencing;	140962

(e) A copy of the minutes for each meeting;

140963

(f) An accounting of the costs incurred for each meeting;

140964

(g) A description of any local media coverage of a	140965
teleconference or video conference meeting.	140966

(C) The Ohio Developmental Disabilities Council may adopt any	140967
rules the Council considers necessary to implement this section.	140968
The rules shall be adopted in accordance with Chapter 119. of the	140969
Revised Code.	140970

At a minimum, the rules shall do the following:

140971

(1) Allow Council members to remotely attend a public Council	140972
meeting by teleconference or video conference in lieu of	140973
physically attending the meeting;	140974

(2) Establish a method for verifying the identity of a member	140975
who remotely attends a meeting by teleconference or video	140976
conference;	140977

(3) Establish a policy for distributing and circulating	140978
necessary documents to Council members, the public, and the media	140979
in advance of a meeting where members attend by teleconference or	140980
video conference.	140981

Section 265.10. OBD OHIO BOARD OF DIETETICS

140982

General Services Fund Group	140983

4K90	860609	Operating Expenses	$	355,789	$	330,592	140984
TOTAL GSF General Services Fund							140985
Group			$	355,789	$	330,592	140986
TOTAL ALL BUDGET FUND GROUPS			$	355,789	$	330,592	140987

Section 267.10. EDU DEPARTMENT OF EDUCATION

140989

General Revenue Fund	140990

GRF	200100	Personal Services	$	8,579,178	$	8,579,178	140991
GRF	200320	Maintenance and Equipment	$	2,830,407	$	2,830,407	140992
GRF	200408	Early Childhood Education	$	23,268,341	$	23,268,341	140993
GRF	200416	Career-Technical Education Match	$	2,233,195	$	2,233,195	140994
GRF	200420	Computer/Application/ Network Development	$	4,241,296	$	4,241,296	140995
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	140996
GRF	200422	School Management Assistance	$	2,842,812	$	3,000,000	140997
GRF	200424	Policy Analysis	$	328,558	$	328,558	140998
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	140999
GRF	200426	Ohio Educational Computer Network	$	17,974,489	$	17,974,489	141000
GRF	200427	Academic Standards	$	4,346,060	$	3,700,000	141001
GRF	200437	Student Assessment	$	55,002,167	$	55,002,167	141002
GRF	200439	Accountability/Report Cards	$	3,579,279	$	3,579,279	141003
GRF	200442	Child Care Licensing	$	827,140	$	827,140	141004
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	141005
GRF	200447	GED Testing	$	879,551	$	879,551	141006
GRF	200448	Educator Preparation	$	786,737	$	786,737	141007
GRF	200455	Community Schools and Choice Programs	$	2,200,000	$	2,200,000	141008
GRF	200502	Pupil Transportation	$	438,248,936	$	442,113,527	141009
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	141010
GRF	200511	Auxiliary Services	$	124,194,099	$	126,194,099	141011
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	56,164,384	$	57,006,850	141012
GRF	200540	Special Education Enhancements	$	135,820,668	$	135,820,668	141013
GRF	200545	Career-Technical Education Enhancements	$	8,802,699	$	8,802,699	141014
GRF	200550	Foundation Funding	$	5,536,347,861	$	5,610,117,686	141015
GRF	200901	Property Tax Allocation - Education	$	1,086,500,000	$	1,095,000,000	141016
TOTAL GRF General Revenue Fund			$	7,539,595,467	$	7,628,083,477	141017

General Services Fund Group	141018

1380	200606	Computer Services-Operational Support	$	7,600,090	$	7,600,090	141019
4520	200638	Miscellaneous Educational Services	$	300,000	$	300,000	141020
4L20	200681	Teacher Certification and Licensure	$	8,147,756	$	8,147,756	141021
5960	200656	Ohio Career Information System	$	529,761	$	529,761	141022
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	141023
TOTAL GSF General Services							141024
Fund Group			$	41,577,607	$	41,577,607	141025

Federal Special Revenue Fund Group	141026

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	141027
3670	200607	School Food Services	$	6,803,472	$	6,959,906	141028
3690	200616	Career-Technical Education Federal Enhancement	$	5,000,000	$	5,000,000	141029
3700	200624	Education of Exceptional Children	$	1,905,000	$	0	141030
3780	200660	Learn and Serve	$	619,211	$	619,211	141031
3AF0	200603	Schools Medicaid Administrative Claims	$	639,000	$	639,000	141032
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	141033
3AX0	200698	Improving Health and Educational Outcomes of Young People	$	630,954	$	630,954	141034
3BK0	200628	Longitudinal Data Systems	$	500,000	$	250,000	141035
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	141036
3CG0	200646	Teacher Incentive Fund	$	1,925,881	$	0	141037
3D10	200664	Drug Free Schools	$	1,500,000	$	0	141038
3D20	200667	Math Science Partnerships	$	9,500,001	$	9,500,001	141039
3DG0	200630	Federal Stimulus - McKinney Vento Grants	$	330,512	$	0	141040
3DJ0	200699	IDEA Part B - Federal Stimulus	$	21,886,803	$	0	141041
3DK0	200642	Title 1A - Federal Stimulus	$	18,633,673	$	0	141042
3DL0	200650	IDEA Preschool - Federal Stimulus	$	670,000	$	0	141043
3DM0	200651	Title IID Technology - Federal Stimulus	$	1,195,100	$	0	141044
3DP0	200652	Title I School Improvement - Federal Stimulus	$	48,500,000	$	30,000,000	141045
3EC0	200653	Teacher Incentive - Federal Stimulus	$	7,500,000	$	7,500,000	141046
3EH0	200620	Migrant Education	$	2,645,905	$	2,645,905	141047
3EJ0	200622	Homeless Children Education	$	1,759,782	$	1,759,782	141048
3EN0	200655	State Data Systems - Federal Stimulus	$	2,500,000	$	2,500,000	141049
3ES0	200657	General Supervisory Enhancement Grant	$	500,000	$	500,000	141050
3ET0	200658	Education Jobs Fund	$	300,000,000	$	50,000,000	141051
3FD0	200665	Race to the Top	$	100,000,000	$	100,000,000	141052
3FE0	200669	Striving Readers	$	180,000	$	100,000	141053
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	141054
3L60	200617	Federal School Lunch	$	327,516,539	$	337,323,792	141055
3L70	200618	Federal School Breakfast	$	87,596,850	$	90,224,756	141056
3L80	200619	Child/Adult Food Programs	$	100,850,833	$	103,876,359	141057
3L90	200621	Career-Technical Education Basic Grant	$	48,466,864	$	48,466,864	141058
3M00	200623	ESEA Title 1A	$	530,010,000	$	530,010,000	141059
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	141060
3S20	200641	Education Technology	$	9,487,397	$	9,487,397	141061
3T40	200613	Public Charter Schools	$	14,291,353	$	14,291,353	141062
3Y20	200688	21st Century Community Learning Centers	$	43,720,462	$	45,906,485	141063
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	141064
3Y70	200689	English Language Acquisition	$	8,373,995	$	8,373,995	141065
3Y80	200639	Rural and Low Income Technical Assistance	$	1,500,000	$	1,500,000	141066
3Z20	200690	State Assessments	$	11,882,258	$	11,882,258	141067
3Z30	200645	Consolidated Federal Grant Administration	$	8,949,280	$	8,949,280	141068
TOTAL FED Federal Special							141069
Revenue Fund Group			$	2,310,389,566	$	2,011,315,739	141070

State Special Revenue Fund Group	141071

4540	200610	Guidance and Testing	$	1,050,000	$	1,050,000	141072
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	141073
4R70	200695	Indirect Operational Support	$	6,500,000	$	6,600,000	141074
4V70	200633	Interagency Operational Support	$	1,117,725	$	1,117,725	141075
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	141076
5BB0	200696	State Action for Education Leadership	$	231,300	$	0	141077
5BJ0	200626	Half-Mill Maintenance Equalization	$	17,300,000	$	18,000,000	141078
5U20	200685	National Education Statistics	$	300,000	$	300,000	141079
6200	200615	Educational Improvement Grants	$	3,000,000	$	3,000,000	141080
TOTAL SSR State Special Revenue							141081
Fund Group			$	54,827,935	$	55,396,635	141082

Lottery Profits Education Fund Group	141083

7017	200612	Foundation Funding	$	717,500,000	$	680,500,000	141084
TOTAL LPE Lottery Profits							141085
Education Fund Group			$	717,500,000	$	680,500,000	141086

Revenue Distribution Fund Group	141087

7047	200909	School District Property Tax Replacement-Business	$	722,000,000	$	475,000,000	141088
7053	200900	School District Property Tax Replacement-Utility	$	34,000,000	$	30,000,000	141089
TOTAL RDF Revenue Distribution							141090
Fund Group			$	756,000,000	$	505,000,000	141091
TOTAL ALL BUDGET FUND GROUPS			$	11,419,890,575	$	10,921,873,458	141092

Section 267.10.10. EARLY CHILDHOOD EDUCATION

141094

The Department of Education shall distribute the foregoing	141095
appropriation item 200408, Early Childhood Education, to pay the	141096
costs of early childhood education programs.	141097

(A) As used in this section:

141098

(1) "Provider" means a city, local, exempted village, or	141099
joint vocational school district, or an educational service	141100
center.	141101

(2) In the case of a city, local, or exempted village school	141102
district, "new eligible provider" means a district that did not	141103
receive state funding for Early Childhood Education in the	141104
previous fiscal year or demonstrates a need for early childhood	141105
programs as defined in division (D) of this section.	141106

(3) "Eligible child" means a child who is at least three	141107
years of age as of the district entry date for kindergarten, is	141108
not of the age to be eligible for kindergarten, and whose family	141109
earns not more than two hundred per cent of the federal poverty	141110
guidelines as defined in division (A)(3) of section 5101.46 of the	141111
Revised Code. Children with an Individualized Education Program	141112
and where the Early Childhood Education program is the least	141113
restrictive environment may be enrolled on their third birthday.	141114

(B) In each fiscal year, up to two per cent of the total	141115
appropriation may be used by the Department for program support	141116
and technical assistance. The Department shall distribute the	141117
remainder of the appropriation in each fiscal year to serve	141118
eligible children.	141119

(C) The Department shall provide an annual report to the	141120
Governor, the Speaker of the House of Representatives, and the	141121
President of the Senate and post the report to the Department's	141122
web site, regarding early childhood education programs operated	141123
under this section and the early learning program guidelines.	141124

(D) After setting aside the amounts to make payments due from	141125
the previous fiscal year, in fiscal year 2012, the Department	141126
shall distribute funds first to recipients of funds for early	141127
childhood education programs under Section 265.10.20 of Am. Sub.	141128
H.B. 1 of the 128th General Assembly in the previous fiscal year	141129
and the balance to new eligible providers of early childhood	141130
education programs under this section or to existing providers to	141131
serve more eligible children or for purposes of program expansion,	141132
improvement, or special projects to promote quality and	141133
innovation.	141134

After setting aside the amounts to make payments due from the	141135
previous fiscal year, in fiscal year 2013, the Department shall	141136
distribute funds first to providers of early childhood education	141137
programs under this section in the previous fiscal year and the	141138
balance to new eligible providers or to existing providers to	141139
serve more eligible children or for purposes of program expansion,	141140
improvement, or special projects to promote quality and	141141
innovation.	141142

Awards under this section shall be distributed on a per-pupil	141143
basis, and in accordance with division (H) of this section. The	141144
Department may adjust the per-pupil amount so that the per-pupil	141145
amount multiplied by the number of eligible children enrolled and	141146
receiving services on the first day of December or the business	141147
day closest to that date equals the amount allocated under this	141148
section.	141149

(E) Costs for developing and administering an early childhood	141150
education program may not exceed fifteen per cent of the total	141151
approved costs of the program.	141152

All providers shall maintain such fiscal control and	141153
accounting procedures as may be necessary to ensure the	141154
disbursement of, and accounting for, these funds. The control of	141155
funds provided in this program, and title to property obtained,	141156
shall be under the authority of the approved provider for purposes	141157
provided in the program unless, as described in division (J) of	141158
this section, the program waives its right for funding or a	141159
program's funding is eliminated or reduced due to its inability to	141160
meet financial or early learning program guidelines. The approved	141161
provider shall administer and use such property and funds for the	141162
purposes specified.	141163

(F) The Department may examine a provider's financial and	141164
program records. If the financial practices of the program are not	141165
in accordance with standard accounting principles or do not meet	141166
financial standards outlined under division (E) of this section,	141167
or if the program fails to substantially meet the early learning	141168
program guidelines or exhibits below average performance as	141169
measured against the guidelines, the early childhood education	141170
program shall propose and implement a corrective action plan that	141171
has been approved by the Department. The approved corrective	141172
action plan shall be signed by the chief executive officer and the	141173
executive of the official governing body of the provider. The	141174
corrective action plan shall include a schedule for monitoring by	141175
the Department. Such monitoring may include monthly reports,	141176
inspections, a timeline for correction of deficiencies, and	141177
technical assistance to be provided by the Department or obtained	141178
by the early childhood education program. The Department may	141179
withhold funding pending corrective action. If an early childhood	141180
education program fails to satisfactorily complete a corrective	141181
action plan, the Department may deny expansion funding to the	141182
program or withdraw all or part of the funding to the program and	141183
establish a new eligible provider through a selection process	141184
established by the Department.	141185

(G) Each early childhood education program shall do all of	141186
the following:	141187

(1) Meet teacher qualification requirements prescribed by	141188
section 3301.311 of the Revised Code;	141189

(2) Align curriculum to the early learning content standards	141190
developed by the Department;	141191

(3) Meet any child or program assessment requirements	141192
prescribed by the Department;	141193

(4) Require teachers, except teachers enrolled and working to	141194
obtain a degree pursuant to section 3301.311 of the Revised Code,	141195
to attend a minimum of twenty hours every two years of	141196
professional development as prescribed by the Department;	141197

(5) Document and report child progress as prescribed by the	141198
Department;	141199

(6) Meet and report compliance with the early learning	141200
program guidelines as prescribed by the Department.	141201

(H) Per-pupil funding for programs subject to this section	141202
shall be sufficient to provide eligible children with services for	141203
a standard early childhood schedule which shall be defined in this	141204
section as a minimum of twelve and one-half hours per school week	141205
as defined in section 3313.62 of the Revised Code for the minimum	141206
school year as defined in sections 3313.48, 3313.481, and 3313.482	141207
of the Revised Code. Nothing in this section shall be construed to	141208
prohibit program providers from utilizing other funds to serve	141209
eligible children in programs that exceed the twelve and one-half	141210
hours per week or that exceed the minimum school year. For any	141211
provider for which a standard early childhood education schedule	141212
creates a hardship or for which the provider shows evidence that	141213
the provider is working in collaboration with a preschool special	141214
education program, the provider may submit a waiver to the	141215
Department requesting an alternate schedule. If the Department	141216
approves a waiver for an alternate schedule that provides services	141217
for less time than the standard early childhood education	141218
schedule, the Department may reduce the provider's annual	141219
allocation proportionately. Under no circumstances shall an annual	141220
allocation be increased because of the approval of an alternate	141221
schedule.	141222

(I) Each provider shall develop a sliding fee scale based on	141223
family incomes and shall charge families who earn more than two	141224
hundred per cent of the federal poverty guidelines, as defined in	141225
division (A)(3) of section 5101.46 of the Revised Code, for the	141226
early childhood education program.	141227

The Department shall conduct an annual survey of each	141228
provider to determine whether the provider charges families	141229
tuition or fees, the amount families are charged relative to	141230
family income levels, and the number of families and students	141231
charged tuition and fees for the early childhood program.	141232

(J) If an early childhood education program voluntarily	141233
waives its right for funding, or has its funding eliminated for	141234
not meeting financial standards or the early learning program	141235
guidelines, the provider shall transfer control of title to	141236
property, equipment, and remaining supplies obtained through the	141237
program to providers designated by the Department and return any	141238
unexpended funds to the Department along with any reports	141239
prescribed by the Department. The funding made available from a	141240
program that waives its right for funding or has its funding	141241
eliminated or reduced may be used by the Department for new grant	141242
awards or expansion grants. The Department may award new grants or	141243
expansion grants to eligible providers who apply. The eligible	141244
providers who apply must do so in accordance with the selection	141245
process established by the Department.	141246

(K) As used in this section, "early learning program	141247
guidelines" means the guidelines established by the Department	141248
pursuant to division (C)(3) of Section 206.09.54 of Am. Sub. H.B.	141249
66 of the 126th General Assembly.	141250

(L) Eligible expenditures for the Early Childhood Education	141251
program shall be claimed each fiscal year to help meet the state's	141252
TANF maintenance of effort requirement. The Superintendent of	141253
Public Instruction and the Director of Job and Family Services	141254
shall enter into an interagency agreement to carry out the	141255
requirements under this division, which shall include developing	141256
reporting guidelines for these expenditures.	141257

Section 267.10.20. CAREER-TECHNICAL EDUCATION MATCH

141258

The foregoing appropriation item 200416, Career-Technical	141259
Education Match, shall be used by the Department of Education to	141260
provide vocational administration matching funds under 20 U.S.C.	141261
2311.	141262

COMPUTER/APPLICATION/NETWORK DEVELOPMENT

141263

The foregoing appropriation item 200420,	141264
Computer/Application/Network Development, shall be used to support	141265
the development and implementation of information technology	141266
solutions designed to improve the performance and services of the	141267
Department of Education. Funds may be used for personnel,	141268
maintenance, and equipment costs related to the development and	141269
implementation of these technical system projects. Implementation	141270
of these systems shall allow the Department to provide greater	141271
levels of assistance to school districts and to provide more	141272
timely information to the public, including school districts,	141273
administrators, and legislators. Funds may also be used to support	141274
data-driven decision-making and differentiated instruction, as	141275
well as to communicate academic content standards and curriculum	141276
models to schools through web-based applications.	141277

Section 267.10.30. ALTERNATIVE EDUCATION PROGRAMS

141278

The foregoing appropriation item 200421, Alternative	141279
Education Programs, shall be used for the renewal of successful	141280
implementation grants and for competitive matching grants to	141281
school districts for alternative educational programs for existing	141282
and new at-risk and delinquent youth. Programs shall be focused on	141283
youth in one or more of the following categories: those who have	141284
been expelled or suspended, those who have dropped out of school	141285
or who are at risk of dropping out of school, those who are	141286
habitually truant or disruptive, or those on probation or on	141287
parole from a Department of Youth Services facility. Grants shall	141288
be awarded according to the criteria established by the	141289
Alternative Education Advisory Council in 1999. Grants shall be	141290
awarded only to programs in which the grant will not serve as the	141291
program's primary source of funding. These grants shall be	141292
administered by the Department of Education.	141293

The Department of Education may waive compliance with any	141294
minimum education standard established under section 3301.07 of	141295
the Revised Code for any alternative school that receives a grant	141296
under this section on the grounds that the waiver will enable the	141297
program to more effectively educate students enrolled in the	141298
alternative school.	141299

Of the foregoing appropriation item 200421, Alternative	141300
Education Programs, a portion may be used for program	141301
administration, monitoring, technical assistance, support,	141302
research, and evaluation.	141303

Section 267.10.40. SCHOOL MANAGEMENT ASSISTANCE

141304

Of the foregoing appropriation item 200422, School Management	141305
Assistance, $1,000,000 in fiscal year 2012 and $1,300,000 in	141306
fiscal year 2013 shall be used by the Auditor of State in	141307
consultation with the Department of Education for expenses	141308
incurred in the Auditor of State's role relating to fiscal	141309
caution, fiscal watch, and fiscal emergency activities as defined	141310
in Chapter 3316. of the Revised Code and may also be used by the	141311
Auditor of State to conduct performance audits of other school	141312
districts with priority given to districts in fiscal distress.	141313
Districts in fiscal distress shall be determined by the Auditor of	141314
State and shall include districts that the Auditor of State, in	141315
consultation with the Department of Education, determines are	141316
employing fiscal practices or experiencing budgetary conditions	141317
that could produce a state of fiscal watch or fiscal emergency.	141318

The remainder of appropriation item 200422, School Management	141319
Assistance, shall be used by the Department of Education to	141320
provide fiscal technical assistance and inservice education for	141321
school district management personnel and to administer, monitor,	141322
and implement the fiscal caution, fiscal watch, and fiscal	141323
emergency provisions under Chapter 3316. of the Revised Code.	141324

Section 267.10.50. POLICY ANALYSIS

141325

The foregoing appropriation item 200424, Policy Analysis,	141326
shall be used by the Department of Education to support a system	141327
of administrative, statistical, and legislative education	141328
information to be used for policy analysis. Staff supported by	141329
this appropriation shall administer the development of reports,	141330
analyses, and briefings to inform education policymakers of	141331
current trends in education practice, efficient and effective use	141332
of resources, and evaluation of programs to improve education	141333
results. The database shall be kept current at all times. These	141334
research efforts shall be used to supply information and analysis	141335
of data to the General Assembly and other state policymakers,	141336
including the Office of Budget and Management, the Governor's	141337
Office of 21st Century Education, and the Legislative Service	141338
Commission.	141339

The Department of Education may use funding from this	141340
appropriation item to purchase or contract for the development of	141341
software systems or contract for policy studies that will assist	141342
in the provision and analysis of policy-related information.	141343
Funding from this appropriation item also may be used to monitor	141344
and enhance quality assurance for research-based policy analysis	141345
and program evaluation to enhance the effective use of education	141346
information to inform education policymakers.	141347

A portion of the foregoing appropriation item 200424, Policy	141348
Analysis, may be used in conjunction with appropriation item	141349
200439, Accountability/Report Cards, to support a fiscal reporting	141350
dimension that shall contain fiscal data reported for the prior	141351
fiscal year. The fiscal information contained therein shall be	141352
updated and reported annually in a form and in a manner as	141353
determined by the Department.	141354

TECH PREP CONSORTIA SUPPORT

141355

The foregoing appropriation item 200425, Tech Prep Consortia	141356
Support, shall be used by the Department of Education to support	141357
state-level activities designed to support, promote, and expand	141358
tech prep programs. Use of these funds shall include, but not be	141359
limited to, administration of grants, program evaluation,	141360
professional development, curriculum development, assessment	141361
development, program promotion, communications, and statewide	141362
coordination of tech prep consortia.	141363

Section 267.10.60. OHIO EDUCATIONAL COMPUTER NETWORK

141364

The foregoing appropriation item 200426, Ohio Educational	141365
Computer Network, shall be used by the Department of Education to	141366
maintain a system of information technology throughout Ohio and to	141367
provide technical assistance for such a system in support of the	141368
P-16 State Education Technology Plan developed under section	141369
3353.09 of the Revised Code.	141370

Of the foregoing appropriation item 200426, Ohio Educational	141371
Computer Network, up to $10,705,569 in each fiscal year shall be	141372
used by the Department of Education to support connection of all	141373
public school buildings and participating chartered nonpublic	141374
schools to the state's education network, to each other, and to	141375
the Internet. In each fiscal year the Department of Education	141376
shall use these funds to assist information technology centers or	141377
school districts with the operational costs associated with this	141378
connectivity. The Department of Education shall develop a formula	141379
and guidelines for the distribution of these funds to information	141380
technology centers or individual school districts. As used in this	141381
section, "public school building" means a school building of any	141382
city, local, exempted village, or joint vocational school	141383
district, any community school established under Chapter 3314. of	141384
the Revised Code, any STEM school established under Chapter 3326.	141385
of the Revised Code, any educational service center building used	141386
for instructional purposes, the Ohio School for the Deaf and the	141387
Ohio School for the Blind, high schools chartered by the Ohio	141388
Department of Youth Services, or high schools operated by Ohio	141389
Department of Rehabilitation and Corrections' Ohio Central School	141390
System.	141391

Of the foregoing appropriation item 200426, Ohio Educational	141392
Computer Network, up to $1,440,000 in each fiscal year shall be	141393
used for the Union Catalog and InfOhio Network and to support the	141394
provision of electronic resources with priority given to resources	141395
that support the teaching of state academic content standards in	141396
all public schools. Consideration shall be given by the Department	141397
of Education to coordinating the allocation of these moneys with	141398
the efforts of Libraries Connect Ohio, whose members include	141399
OhioLINK, the Ohio Public Information Network, and the State	141400
Library of Ohio.	141401

Of the foregoing appropriation item 200426, Ohio Educational	141402
Computer Network, up to $5,220,000 in each fiscal year shall be	141403
used, through a formula and guidelines devised by the Department,	141404
to subsidize the activities of designated information technology	141405
centers, as defined by State Board of Education rules, to provide	141406
school districts and chartered nonpublic schools with	141407
computer-based student and teacher instructional and	141408
administrative information services, including approved	141409
computerized financial accounting, and to ensure the effective	141410
operation of local automated administrative and instructional	141411
systems.	141412

The remainder of appropriation item 200426, Ohio Educational	141413
Computer Network, shall be used to support the work of the College	141414
of Education and Human Ecology at the Ohio State University in	141415
reviewing and assessing the alignment of courses offered through	141416
the distance learning clearinghouse established in sections	141417
3333.81 to 3333.88 of the Revised Code with the academic content	141418
standards adopted under division (A) of section 3301.079 of the	141419
Revised Code.	141420

Section 267.10.70. ACADEMIC STANDARDS

141421

The foregoing appropriation item 200427, Academic Standards,	141422
shall be used by the Department of Education to develop, revise,	141423
and communicate to school districts academic content standards and	141424
curriculum models.	141425

Section 267.10.80. STUDENT ASSESSMENT

141426

Of the foregoing appropriation item 200437, Student	141427
Assessment, up to $95,000 in each fiscal year may be used to	141428
support the assessments required under section 3301.0715 of the	141429
Revised Code.	141430

The remainder of appropriation item 200437, Student	141431
Assessment, shall be used to develop, field test, print,	141432
distribute, score, report results, and support other associated	141433
costs for the tests required under sections 3301.0710, 3301.0711,	141434
and 3301.0712 of the Revised Code and for similar purposes as	141435
required by section 3301.27 of the Revised Code. If funds remain	141436
in this appropriation after these purposes have been fulfilled,	141437
the Department may use the remainder of the appropriation to	141438
develop end-of-course exams.	141439

DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS FOR STUDENT	141440
ASSESSMENT	141441

In fiscal year 2012 and fiscal year 2013, if the	141442
Superintendent of Public Instruction determines that additional	141443
funds are needed to fully fund the requirements of sections	141444
3301.0710, 3301.0711, and 3301.27 of the Revised Code and this act	141445
for assessments of student performance, the Superintendent of	141446
Public Instruction may recommend the reallocation of unexpended	141447
and unencumbered General Revenue Fund appropriations within the	141448
Department of Education to appropriation item 200437, Student	141449
Assessment, to the Director of Budget and Management. If the	141450
Director of Budget and Management determines that such a	141451
reallocation is required, the Director of Budget and Management	141452
may transfer unexpended and unencumbered appropriations within the	141453
Department of Education as necessary to appropriation item 200437,	141454
Student Assessment. If these transferred appropriations are not	141455
sufficient to fully fund the assessment requirements in fiscal	141456
year 2012 or fiscal year 2013, the Superintendent of Public	141457
Instruction may request that the Controlling Board transfer up to	141458
$9,000,000 cash from the Lottery Profits Education Reserve Fund	141459
(Fund 7018) to the General Revenue Fund. Upon approval of the	141460
Controlling Board, the Director of Budget and Management shall	141461
transfer the cash. These transferred funds are hereby appropriated	141462
for the same purpose as appropriation item 200437, Student	141463
Assessment.	141464

Section 267.10.90. (A) Notwithstanding anything to the	141465
contrary in section 3301.0710, 3301.0711, 3301.0715 or 3313.608 of	141466
the Revised Code, the administration of the English language arts	141467
assessments for elementary grades as a replacement for the	141468
separate reading and writing assessments prescribed by sections	141469
3301.0710 and 3301.0711 of the Revised Code, as those sections	141470
were amended by Am. Sub. H.B. 1 of the 128th General Assembly,	141471
shall not be required until a date prescribed by rule of the State	141472
Board of Education. Until that date, the Department of Education	141473
and school districts and schools shall continue to administer	141474
separate reading assessments for elementary grades, as prescribed	141475
by the versions of sections 3301.0710 and 3301.0711 of the Revised	141476
Code that were in effect prior to the effective date of Section	141477
265.20.15 of Am. Sub. H.B. 1 of the 128th General Assembly. The	141478
intent for delaying implementation of the replacement English	141479
language arts assessment is to provide adequate time for the	141480
complete development of the new assessment.	141481

(B) Notwithstanding anything to the contrary in section	141482
3301.0710 of the Revised Code, the State Board shall not prescribe	141483
the three ranges of scores for the assessments prescribed by	141484
division (A)(2) of section 3301.0710 of the Revised Code, as	141485
amended by Am. Sub. H.B. 1 of the 128th General Assembly, until	141486
the Board adopts the rule required by division (A) of this	141487
section. Until that date, the Board shall continue to prescribe	141488
the five ranges of scores required by the version of section	141489
3301.0710 of the Revised Code in effect prior to the effective	141490
date of Section 265.20.15 of Am. Sub. H.B. 1 of the 128th General	141491
Assembly, and the following apply:	141492

(1) The range of scores designated by the State Board as a	141493
proficient level of skill remains the passing score on the Ohio	141494
Graduation Tests for purposes of sections 3313.61, 3313.611,	141495
3313.612, and 3325.08 of the Revised Code;	141496

(2) The range of scores designated as a limited level of	141497
skill remains the standard for applying the third-grade reading	141498
guarantee under division (A) of section 3313.608 of the Revised	141499
Code;	141500

(3) The range of scores designated by the State Board as a	141501
proficient level of skill remains the standard for the summer	141502
remediation requirement of division (B)(2) of section 3313.608 of	141503
the Revised Code.	141504

(C) This section is not subject to expiration after June 30,	141505
2013, under Section 809.10 of this act.	141506

Section 267.20.10. Notwithstanding anything to the contrary	141507
in sections 3301.0710 and 3301.0711 of the Revised Code, in the	141508
2011-2012 and 2012-2013 school years, the Department of Education	141509
shall not furnish, and school districts and schools shall not	141510
administer, the elementary writing and social studies achievement	141511
assessments prescribed by section 3301.0710 of the Revised Code,	141512
unless the Superintendent of Public Instruction determines the	141513
Department has sufficient funds to pay the costs of furnishing and	141514
scoring those assessments.	141515

Section 267.20.20. ACCOUNTABILITY/REPORT CARDS

141516

Of the foregoing appropriation item 200439,	141517
Accountability/Report Cards, a portion in each fiscal year may be	141518
used to train district and regional specialists and district	141519
educators in the use of the value-added progress dimension and in	141520
the use of data as it relates to improving student achievement.	141521
This training may include teacher and administrator professional	141522
development in the use of data to improve instruction and student	141523
learning, and teacher and administrator training in understanding	141524
teacher value-added reports and how they can be used as a	141525
component in measuring teacher and administrator effectiveness. A	141526
portion of this funding may be provided to a credible nonprofit	141527
organization with expertise in value-added progress dimensions.	141528

The remainder of appropriation item 200439,	141529
Accountability/Report Cards, shall be used by the Department to	141530
incorporate a statewide value-added progress dimension into	141531
performance ratings for school districts and for the development	141532
of an accountability system that includes the preparation and	141533
distribution of school report cards and funding and expenditure	141534
accountability reports under sections 3302.03 and 3302.031 of the	141535
Revised Code.	141536

CHILD CARE LICENSING

141537

The foregoing appropriation item 200442, Child Care	141538
Licensing, shall be used by the Department of Education to license	141539
and to inspect preschool and school-age child care programs under	141540
sections 3301.52 to 3301.59 of the Revised Code.	141541

Section 267.20.30. EDUCATION MANAGEMENT INFORMATION SYSTEM

141542

The foregoing appropriation item 200446, Education Management	141543
Information System, shall be used by the Department of Education	141544
to improve the Education Management Information System (EMIS).	141545

Of the foregoing appropriation item 200446, Education	141546
Management Information System, up to $729,000 in each fiscal year	141547
shall be distributed to designated information technology centers	141548
for costs relating to processing, storing, and transferring data	141549
for the effective operation of the EMIS. These costs may include,	141550
but are not limited to, personnel, hardware, software development,	141551
communications connectivity, professional development, and support	141552
services, and to provide services to participate in the State	141553
Education Technology Plan developed under section 3353.09 of the	141554
Revised Code.	141555

The remainder of appropriation item 200446, Education	141556
Management Information System, shall be used to develop and	141557
support a common core of data definitions and standards as adopted	141558
by the Education Management Information System Advisory Board,	141559
including the ongoing development and maintenance of the data	141560
dictionary and data warehouse. In addition, such funds shall be	141561
used to support the development and implementation of data	141562
standards and the design, development, and implementation of a new	141563
data exchange system.	141564

Any provider of software meeting the standards approved by	141565
the Education Management Information System Advisory Board shall	141566
be designated as an approved vendor and may enter into contracts	141567
with local school districts, community schools, STEMS schools,	141568
information technology centers, or other educational entities for	141569
the purpose of collecting and managing data required under Ohio's	141570
education management information system (EMIS) laws. On an annual	141571
basis, the Department of Education shall convene an advisory group	141572
of school districts, community schools, and other	141573
education-related entities to review the Education Management	141574
Information System data definitions and data format standards. The	141575
advisory group shall recommend changes and enhancements based upon	141576
surveys of its members, education agencies in other states, and	141577
current industry practices, to reflect best practices, align with	141578
federal initiatives, and meet the needs of school districts.	141579

School districts, STEMS schools, and community schools not	141580
implementing a common and uniform set of data definitions and data	141581
format standards for Education Management Information System	141582
purposes shall have all EMIS funding withheld until they are in	141583
compliance.	141584

Section 267.20.40. GED TESTING

141585

The foregoing appropriation item 200447, GED Testing, shall	141586
be used to provide General Educational Development (GED) testing	141587
under rules adopted by the State Board of Education.	141588

Section 267.20.50. EDUCATOR PREPARATION

141589

Of the foregoing appropriation item 200448, Educator	141590
Preparation, up to $150,000 in each fiscal year may be used by the	141591
Department of Education to monitor and support Ohio's State System	141592
of Support in accordance with the "No Child Left Behind Act of	141593
2011," 20 U.S.C. 6317.	141594

The remainder of appropriation item 200448, Educator	141595
Preparation, may be used by the Department to support the Educator	141596
Standards Board under section 3319.61 of the Revised Code and	141597
reforms under sections 3302.042, 3302.06 through 3302.068,	141598
3302.12, 3302.20 through 3302.22, and 3319.58 of the Revised Code.	141599

Section 267.20.60. COMMUNITY SCHOOLS AND CHOICE PROGRAMS

141600

The foregoing appropriation item 200455, Community Schools	141601
and Choice Programs, may be used by the Department of Education	141602
for additional services and responsibilities under section 3314.11	141603
of the Revised Code and for operation of the school choice	141604
programs.	141605

Of the foregoing appropriation item 200455, Community Schools	141606
and Choice Programs, a portion in each fiscal year may be used by	141607
the Department of Education for developing and conducting training	141608
sessions for community schools and sponsors and prospective	141609
sponsors of community schools as prescribed in division (A)(1) of	141610
section 3314.015 of the Revised Code, and other schools	141611
participating in school choice programs. In developing the	141612
community school training sessions, the Department shall collect	141613
and disseminate examples of best practices used by sponsors of	141614
independent charter schools in Ohio and other states.	141615

Section 267.20.70. PUPIL TRANSPORTATION

141616

Of the foregoing appropriation item 200502, Pupil	141617
Transportation, up to $838,930 in each fiscal year may be used by	141618
the Department of Education for training prospective and	141619
experienced school bus drivers in accordance with training	141620
programs prescribed by the Department. Up to $60,469,220 in each	141621
fiscal year may be used by the Department of Education for special	141622
education transportation reimbursements to school districts and	141623
county DD boards for transportation operating costs as provided in	141624
division (J) of section 3317.024 of the Revised Code. Up to	141625
$650,000 in each fiscal year may be used to partially reimburse	141626
school districts for costs of providing transportation services to	141627
nontraditional schools when those schools are open on a day the	141628
traditional school district is not scheduled to open. Up to	141629
$5,000,000 in each fiscal year may be used by the Department of	141630
Education to reimburse school districts that make payments to	141631
parents in lieu of transportation under section 3327.02 of the	141632
Revised Code and whose transportation is not funded under division	141633
(C) of section 3317.024 of the Revised Code.	141634

The remainder of appropriation item 200502, Pupil	141635
Transportation, shall be used to distribute the amounts calculated	141636
for formula aid under Section 267.30.50 of this act.	141637

Section 267.20.80. SCHOOL LUNCH MATCH

141638

The foregoing appropriation item 200505, School Lunch Match,	141639
shall be used to provide matching funds to obtain federal funds	141640
for the school lunch program.	141641

Any remaining appropriation after providing matching funds	141642
for the school lunch program may be used to partially reimburse	141643
school buildings within school districts that are required to have	141644
a school breakfast program under section 3313.813 of the Revised	141645
Code, at a rate decided by the Department.	141646

Section 267.20.90. AUXILIARY SERVICES

141647

The foregoing appropriation item 200511, Auxiliary Services,	141648
shall be used by the Department of Education for the purpose of	141649
implementing section 3317.06 of the Revised Code. Of the	141650
appropriation, up to $1,789,943 in each fiscal year may be used	141651
for payment of the Post-Secondary Enrollment Options Program for	141652
nonpublic students. Notwithstanding section 3365.10 of the Revised	141653
Code, the Department shall distribute funding according to rules	141654
adopted by the Department in accordance with Chapter 119. of the	141655
Revised Code.	141656

Section 267.30.10. NONPUBLIC ADMINISTRATIVE COST	141657
REIMBURSEMENT	141658

The foregoing appropriation item 200532, Nonpublic	141659
Administrative Cost Reimbursement, shall be used by the Department	141660
of Education for the purpose of implementing section 3317.063 of	141661
the Revised Code.	141662

Section 267.30.20. SPECIAL EDUCATION ENHANCEMENTS

141663

Of the foregoing appropriation item 200540, Special Education	141664
Enhancements, up to $2,206,875 in each fiscal year shall be used	141665
for home instruction for children with disabilities.	141666

Of the foregoing appropriation item 200540, Special Education	141667
Enhancements, up to $45,282,959 in each fiscal year shall be used	141668
to fund special education and related services at county boards of	141669
developmental disabilities for eligible students under section	141670
3317.20 of the Revised Code and at institutions for eligible	141671
students under section 3317.201 of the Revised Code.	141672
Notwithstanding the distribution formulas under sections 3317.20	141673
and 3317.201 of the Revised Code, funding for DD boards and	141674
institutions for fiscal year 2012 and fiscal year 2013 shall be	141675
determined by providing the per pupil amount received by each DD	141676
board and institution for the prior fiscal year for each student	141677
served in the current fiscal year.	141678

Of the foregoing appropriation item 200540, Special Education	141679
Enhancements, up to $1,333,468 in each fiscal year shall be used	141680
for parent mentoring programs.	141681

Of the foregoing appropriation item 200540, Special Education	141682
Enhancements, up to $2,537,824 in each fiscal year may be used for	141683
school psychology interns.	141684

The remainder of appropriation item 200540, Special Education	141685
Enhancements, shall be distributed by the Department of Education	141686
to county boards of developmental disabilities, educational	141687
service centers, and school districts for preschool special	141688
education units and preschool supervisory units under section	141689
3317.052 of the Revised Code. To the greatest extent possible, the	141690
Department of Education shall allocate these units to school	141691
districts and educational service centers.	141692

The Department may reimburse county DD boards, educational	141693
service centers, and school districts for services provided by	141694
instructional assistants, related services as defined in rule	141695
3301-51-11 of the Administrative Code, physical therapy services	141696
provided by a licensed physical therapist or physical therapist	141697
assistant under the supervision of a licensed physical therapist	141698
as required under Chapter 4755. of the Revised Code and Chapter	141699
4755-27 of the Administrative Code and occupational therapy	141700
services provided by a licensed occupational therapist or	141701
occupational therapy assistant under the supervision of a licensed	141702
occupational therapist as required under Chapter 4755. of the	141703
Revised Code and Chapter 4755-7 of the Administrative Code.	141704
Nothing in this section authorizes occupational therapy assistants	141705
or physical therapist assistants to generate or manage their own	141706
caseloads.	141707

The Department of Education shall require school districts,	141708
educational service centers, and county DD boards serving	141709
preschool children with disabilities to adhere to Ohio's Early	141710
Learning Program Guidelines and document child progress using	141711
research-based indicators prescribed by the Department and report	141712
results annually. The reporting dates and method shall be	141713
determined by the Department.	141714

Section 267.30.30. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

141715

Of the foregoing appropriation item 200545, Career-Technical	141716
Education Enhancements, up to $2,563,568 in each fiscal year shall	141717
be used to fund secondary career-technical education at	141718
institutions using a grant-based methodology, notwithstanding	141719
sections 3317.05, 3317.052, and 3317.053 of the Revised Code.	141720

Of the foregoing appropriation item 200545, Career-Technical	141721
Education Enhancements, up to $2,838,281 in each fiscal year shall	141722
be used by the Department of Education to fund competitive grants	141723
to tech prep consortia that expand the number of students enrolled	141724
in tech prep programs. These grant funds shall be used to directly	141725
support expanded tech prep programs provided to students enrolled	141726
in school districts, including joint vocational school districts,	141727
and affiliated higher education institutions. This support may	141728
include the purchase of equipment.	141729

Of the foregoing appropriation item 200545, Career-Technical	141730
Education Enhancements, up to $3,100,850 in each fiscal year shall	141731
be used by the Department of Education to support existing High	141732
Schools That Work (HSTW) sites, develop and support new sites,	141733
fund technical assistance, and support regional centers and middle	141734
school programs. The purpose of HSTW is to combine challenging	141735
academic courses and modern career-technical studies to raise the	141736
academic achievement of students. HSTW provides intensive	141737
technical assistance, focused staff development, targeted	141738
assessment services, and ongoing communications and networking	141739
opportunities.	141740

Of the foregoing appropriation item 200545, Career-Technical	141741
Education Enhancements, up to $300,000 in each fiscal year shall	141742
be used by the Department of Education to enable students in	141743
agricultural programs to enroll in a fifth quarter of instruction	141744
based on the agricultural education model of delivering work-based	141745
learning through supervised agricultural experience. The	141746
Department of Education shall determine eligibility criteria and	141747
the reporting process for the Agriculture 5th Quarter Project and	141748
shall fund as many programs as possible given the set aside.	141749

Section 267.30.40. FOUNDATION FUNDING

141750

Of the foregoing appropriation item 200550, Foundation	141751
Funding, up to $250,000 in each fiscal year may be used by the	141752
Department to fund a shared services pilot project involving at	141753
least two educational service centers. The pilot project shall	141754
focus on the design, implementation, and evaluation of a shared	141755
service delivery model. The educational service centers	141756
participating in the pilot project shall submit a report not later	141757
than September 1, 2013, to the Governor, members of the General	141758
Assembly, and members of the State Board of Education, reviewing	141759
the opportunities and challenges of implementing shared services	141760
initiatives as well as any real or projected cost efficiencies	141761
achieved through the pilot project.	141762

Of the foregoing appropriation item 200550, Foundation	141763
Funding, up to $425,000 shall be expended in each fiscal year for	141764
court payments under section 2151.362 of the Revised Code.	141765

Of the foregoing appropriation item 200550, Foundation	141766
Funding, up to $8,100,000 in each fiscal year shall be used to	141767
fund gifted education at educational service centers.	141768
Notwithstanding division (D)(5) of section 3317.018 of the Revised	141769
Code, the Department shall distribute the funding through the	141770
unit-based funding methodology in place under division (L) of	141771
section 3317.024, division (E) of section 3317.05, and divisions	141772
(A), (B), and (C) of section 3317.053 of the Revised Code as they	141773
existed prior to fiscal year 2010. Any remaining funds shall be	141774
used as an additional supplement to each city, exempted village,	141775
and local school district for identifying gifted students under	141776
Chapter 3324. of the Revised Code.	141777

Of the foregoing appropriation item 200550, Foundation	141778
Funding, up to $10,000,000 in each fiscal year shall be used to	141779
provide additional state aid to school districts, joint vocational	141780
school districts, and community schools for special education	141781
students under division (C)(3) of section 3317.022 of the Revised	141782
Code, except that the Controlling Board may increase these amounts	141783
if presented with such a request from the Department of Education	141784
at the final meeting of the fiscal year; and up to $2,000,000 in	141785
each fiscal year shall be reserved for Youth Services tuition	141786
payments under section 3317.024 of the Revised Code.	141787

Of the foregoing appropriation item 200550, Foundation	141788
Funding, up to $41,760,000 in fiscal year 2012 and up to	141789
$35,323,000 in fiscal year 2013 shall be reserved to fund the	141790
state reimbursement of educational service centers under section	141791
3317.11 of the Revised Code and the section of this act entitled	141792
"EDUCATIONAL SERVICE CENTERS FUNDING"; and up to $3,545,752 in	141793
each fiscal year shall be distributed to educational service	141794
centers for School Improvement Initiatives. Educational service	141795
centers shall be required to support districts in the development	141796
and implementation of their continuous improvement plans as	141797
required in section 3302.04 of the Revised Code and to provide	141798
technical assistance and support in accordance with Title I of the	141799
"No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C.	141800
6317.	141801

Of the foregoing appropriation item 200550, Foundation	141802
Funding, up to $1,000,000 in each fiscal year shall be used by the	141803
Department of Education for a program to pay for educational	141804
services for youth who have been assigned by a juvenile court or	141805
other authorized agency to any of the facilities described in	141806
division (A) of the section of this act entitled "PRIVATE	141807
TREATMENT FACILITY PROJECT."	141808

Of the foregoing appropriation item 200550, Foundation	141809
Funding, up to $12,522,860 in each fiscal year shall be used to	141810
support the Cleveland school choice program.	141811

Of the portion of the funds distributed to the Cleveland	141812
Municipal School District under this section, up to $11,901,887 in	141813
each fiscal year shall be used to operate the school choice	141814
program in the Cleveland Municipal School District under sections	141815
3313.974 to 3313.979 of the Revised Code. Notwithstanding	141816
divisions (B) and (C) of section 3313.978 and division (C) of	141817
section 3313.979 of the Revised Code, up to $1,000,000 in each	141818
fiscal year of this amount shall be used by the Cleveland	141819
Municipal School District to provide tutorial assistance as	141820
provided in division (H) of section 3313.974 of the Revised Code.	141821
The Cleveland Municipal School District shall report the use of	141822
these funds in the district's three-year continuous improvement	141823
plan as described in section 3302.04 of the Revised Code in a	141824
manner approved by the Department of Education.	141825

Of the foregoing appropriation item 200550, Foundation	141826
Funding, an amount shall be available in each fiscal year to be	141827
paid to joint vocational school districts in accordance with the	141828
section of this act entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	141829
DISTRICTS."	141830

Of the foregoing appropriation item 200550, Foundation	141831
Funding, a portion in each fiscal year shall be paid to city,	141832
exempted village, and local school districts in accordance with	141833
the section of this act entitled "SUPPLEMENTAL SCHOOL DISTRICT	141834
FUNDING."	141835

Of the foregoing appropriation item 200550, Foundation	141836
Funding, a portion in each fiscal year shall be paid to school	141837
districts and community schools in accordance with the section of	141838
this act entitled "SUBSIDY FOR HIGH PERFORMING SCHOOL DISTRICTS."	141839

The remainder of appropriation item 200550, Foundation	141840
Funding, shall be used to distribute the amounts calculated for	141841
formula aid under Section 267.30.50 of this act.	141842

Appropriation items 200502, Pupil Transportation, 200540,	141843
Special Education Enhancements, and 200550, Foundation Funding,	141844
other than specific set-asides, are collectively used in each	141845
fiscal year to pay state formula aid obligations for school	141846
districts, community schools, STEM schools, and joint vocational	141847
school districts under this act. The first priority of these	141848
appropriation items, with the exception of specific set-asides, is	141849
to fund state formula aid obligations. It may be necessary to	141850
reallocate funds among these appropriation items or use excess	141851
funds from other general revenue fund appropriation items in the	141852
Department of Education's budget in each fiscal year, in order to	141853
meet state formula aid obligations. If it is determined that it is	141854
necessary to transfer funds among these appropriation items or to	141855
transfer funds from other General Revenue Fund appropriations in	141856
the Department of Education's budget to meet state formula aid	141857
obligations, the Department of Education shall seek approval from	141858
the Controlling Board to transfer funds as needed.	141859

Section 267.30.50. FUNDING FOR CITY, EXEMPTED VILLAGE, AND	141860
LOCAL SCHOOL DISTRICTS	141861

(A) For each of fiscal years 2012 and 2013, the Department of	141862
Education shall compute and pay operating funding for each city,	141863
exempted village, and local school district according to the	141864
following formula:	141865

[(The final amount computed for fiscal year 2011 under	141866

the line on the district's PASS form entitled "State	141867

Resources for the Foundation Funding Program" / the district's	141868

recalculated fiscal year 2011 formula ADM) X the district's	141869

current year formula ADM] - the district's adjustment amount	141870

Where:

141871

(1) "PASS form" means the form for calculating operating	141872
payments to school districts as prescribed by former section	141873
3306.012 of the Revised Code.	141874

(2) "Recalculated fiscal year 2011 formula ADM" means the	141875
district's average daily membership reported in October 2010 under	141876
division (A) of section 3317.03 of the Revised Code, as verified	141877
by the Superintendent of Public Instruction and adjusted if so	141878
ordered under division (K) of that section, and as further	141879
adjusted by the Department, as follows:	141880

(a) Count only twenty per cent of the number of joint	141881
vocational school district students counted under division (A)(3)	141882
of section 3317.03 of the Revised Code;	141883

(b) Add twenty per cent of the number of students who are	141884
entitled to attend school in the district under section 3313.64 or	141885
3313.65 of the Revised Code and are enrolled in another school	141886
district under a career-technical educational compact.	141887

(3) "Current year formula ADM" means the district's formula	141888
ADM for the current fiscal year as defined in section 3317.02 of	141889
the Revised Code.	141890

(4) "The district's adjustment amount" means the amount	141891
computed under division (B)(5) of this section.	141892

If the computation made under division (A) of this section	141893
results in a negative number, the district's funding under this	141894
section shall be zero.	141895

(B) To make the computation required by division (A) of this	141896
section, the Department shall determine all of the following:	141897

(1) Each district's charge-off valuation per pupil, which	141898
shall be the valuation used to determine the district's state	141899
share of the adequacy amount for fiscal year 2011, under former	141900
section 3306.13 of the Revised Code, divided by the district's	141901
recalculated fiscal year 2011 formula ADM;	141902

(2) The statewide median charge-off valuation per pupil;

141903

(3) Each district's charge-off valuation index, which shall	141904
be the district's charge-off valuation per pupil divided by the	141905
statewide median charge-off valuation per pupil;	141906

(4) The statewide per pupil adjustment amount. The Department	141907
shall determine that amount so that the total statewide formula	141908
aid obligation for school districts does not exceed the aggregate	141909
amount appropriated for formula aid under line items 200502,	141910
200550, and 200612.	141911

(5) Each district's adjustment amount, which shall be the	141912
district's charge-off valuation index multiplied by the statewide	141913
per pupil adjustment amount multiplied by the district's current	141914
year formula ADM.	141915

(C) On the form that the Department uses to compute funding	141916
for a school district in accordance with this section, the	141917
Department also shall indicate the amount of that funding	141918
allocated to special education and related services, the amount	141919
allocated to career-technical education, and the amount allocated	141920
to gifted education. The amounts allocated for special education	141921
and career-technical education shall be the amounts indicated on	141922
the PASS form for fiscal year 2011. Each school district that	141923
receives an allocation for career-technical education shall spend	141924
the funds only for purposes the Department of Education designates	141925
as approved for career-technical education expenses.	141926
Career-technical education expenses approved by the Department	141927
shall include only expenses connected to the delivery of	141928
career-technical programming to students enrolled in	141929
state-approved career-technical programs. If a school district	141930
informs the Department that it is unable to spend the full	141931
allocation on approved career-technical education expenses, the	141932
Department may reallocate the district's unexpended amount of the	141933
career-technical education allocation to other school districts.	141934
The overall funding levels calculated under division (A) of this	141935
section for districts affected by a reallocation under this	141936
division shall be adjusted accordingly. The Department shall first	141937
allocate the funds to school districts within the original school	141938
district's vocational education planning district that have growth	141939
in career-technical enrollment from the previous fiscal year. If	141940
there are no such districts, the Department shall allocate the	141941
funds to other school districts, with priority given to districts	141942
according to each district's growth in career-technical enrollment	141943
from the previous fiscal year. The amounts allocated to gifted	141944
education shall be the amounts districts received for gifted unit	141945
funding and supplemental identification funds in fiscal year 2009,	141946
either directly or through funds allocated to educational service	141947
centers. The Department shall require each school district to	141948
report data annually so that the Department may monitor and	141949
enforce the district's compliance with the requirements regarding	141950
the manner in which allocations for career-technical education and	141951
gifted education may be spent.	141952

(D) For fiscal years 2012 and 2013, wherever a provision of	141953
law refers to payments or adjustments for a school district made	141954
in accordance with any section of Chapter 3317. of the Revised	141955
Code, that reference shall be construed to include payments or	141956
adjustments made under this section.	141957

Section 267.30.53. SUPPLEMENTAL SCHOOL DISTRICT FUNDING

141958

(A) For each of fiscal years 2012 and 2013, the Department of	141959
Education shall compute and pay supplemental operating funding for	141960
each city, exempted village, and local school district according	141961
to the following formula:	141962

(The final amount computed for fiscal year 2011 under the	141963
line on the district's PASS form entitled "State Resources for the	141964
Foundation Funding Program" minus the portion of that amount paid	141965
from funds received under the American Recovery and Reinvestment	141966
Act State Fiscal Stabilization Fund) minus the amount computed for	141967
the district for the current fiscal year under Section 267.30.50	141968
of this act.	141969

(B) If the computation made under division (A) of this	141970
section results in a negative number, the district's funding under	141971
that division shall be zero.	141972

Section 267.30.56. SUBSIDY FOR HIGH PERFORMING SCHOOL	141973
DISTRICTS	141974

In addition to any other payments made under Sections	141975
267.30.50 and 267.30.53 of this act or under Chapter 3317. of the	141976
Revised Code, for each of fiscal years 2012 and 2013, the	141977
Department of Education shall pay to each qualifying school	141978
district or community school, established under Chapter 3314. of	141979
the Revised Code, the amount prescribed by this section.	141980

The Department shall pay to each school district or community	141981
school rated as "excellent with distinction" or "excellent" on the	141982
report card issued for the district or community school under	141983
sections 3302.03 and 3314.012 of the Revised Code for the prior	141984
school year an amount equal to $17 times the district's	141985
current-year formula ADM, in the case of a school district, or the	141986
number of students in the community school's enrollment report for	141987
the current year, in the case of a community school.	141988

As used in this section, "the number of students in the	141989
community school's enrollment report" means "the final number of	141990
students reported under divisions (B)(2)(a) and (b) of section	141991
3314.08 of the Revised Code at the end of a fiscal year, as	141992
verified by the Department."	141993

Section 267.30.60. FUNDING FOR JOINT VOCATIONAL SCHOOL	141994
DISTRICTS	141995

The Department of Education shall distribute funds within	141996
appropriation item 200550, Foundation Funding, for joint	141997
vocational funding in each fiscal year to each joint vocational	141998
school district that received joint vocational funding in fiscal	141999
year 2011. The Department shall distribute to each such district	142000
joint vocational funding in an amount equal to the district's	142001
total state foundation aid as reported on the final JVS payment	142002
report produced by the Department for the previous fiscal year.	142003

The joint vocational funding for each fiscal year for each	142004
district is the amount specified in this section less any general	142005
revenue fund spending reductions ordered by the Governor under	142006
section 126.05 of the Revised Code.	142007

Section 267.30.70. PROPERTY TAX ALLOCATION - EDUCATION

142008

The Superintendent of Public Instruction shall not request,	142009
and the Controlling Board shall not approve, the transfer of	142010
appropriation from appropriation item 200901, Property Tax	142011
Allocation - Education, to any other appropriation item.	142012

The appropriation item 200901, Property Tax Allocation -	142013
Education, is appropriated to pay for the state's costs incurred	142014
because of the homestead exemption, the property tax rollback, and	142015
payments required under division (C) of section 5705.2110 of the	142016
Revised Code. In cooperation with the Department of Taxation, the	142017
Department of Education shall distribute these funds directly to	142018
the appropriate school districts of the state, notwithstanding	142019
sections 321.24 and 323.156 of the Revised Code, which provide for	142020
payment of the homestead exemption and property tax rollback by	142021
the Tax Commissioner to the appropriate county treasurer and the	142022
subsequent redistribution of these funds to the appropriate local	142023
taxing districts by the county auditor.	142024

Upon receipt of these amounts, each school district shall	142025
distribute the amount among the proper funds as if it had been	142026
paid as real or tangible personal property taxes. Payments for the	142027
costs of administration shall continue to be paid to the county	142028
treasurer and county auditor as provided for in sections 319.54,	142029
321.26, and 323.156 of the Revised Code.	142030

Any sums, in addition to the amount specifically appropriated	142031
in appropriation items 200901, Property Tax Allocation -	142032
Education, for the homestead exemption and the property tax	142033
rollback payments, and payments required under division (C) of	142034
section 5705.2110 of the Revised Code, which are determined to be	142035
necessary for these purposes, are hereby appropriated.	142036

Section 267.30.80. TEACHER CERTIFICATION AND LICENSURE

142037

The foregoing appropriation item 200681, Teacher	142038
Certification and Licensure, shall be used by the Department of	142039
Education in each year of the biennium to administer and support	142040
teacher certification and licensure activities.	142041

SCHOOL DISTRICT SOLVENCY ASSISTANCE

142042

(A) Of the foregoing appropriation item 200687, School	142043
District Solvency Assistance, $20,000,000 in each fiscal year	142044
shall be allocated to the School District Shared Resource Account	142045
and $5,000,000 in each fiscal year shall be allocated to the	142046
Catastrophic Expenditures Account. These funds shall be used to	142047
provide assistance and grants to school districts to enable them	142048
to remain solvent under section 3316.20 of the Revised Code.	142049
Assistance and grants shall be subject to approval by the	142050
Controlling Board. Except as provided under division (C) of this	142051
section, any required reimbursements from school districts for	142052
solvency assistance shall be made to the appropriate account in	142053
the School District Solvency Assistance Fund (Fund 5H30).	142054

(B) Notwithstanding any provision of law to the contrary,	142055
upon the request of the Superintendent of Public Instruction, the	142056
Director of Budget and Management may make transfers to the School	142057
District Solvency Assistance Fund (Fund 5H30) from any fund used	142058
by the Department of Education or the General Revenue Fund to	142059
maintain sufficient cash balances in Fund 5H30 in fiscal years	142060
2012 and 2013. Any cash transferred is hereby appropriated. The	142061
transferred cash may be used by the Department of Education to	142062
provide assistance and grants to school districts to enable them	142063
to remain solvent and to pay unforeseeable expenses of a temporary	142064
or emergency nature that the school district is unable to pay from	142065
existing resources. The Director of Budget and Management shall	142066
notify the members of the Controlling Board of any such transfers.	142067

(C) If the cash balance of the School District Solvency	142068
Assistance Fund (Fund 5H30) is insufficient to pay solvency	142069
assistance in fiscal years 2012 and 2013, at the request of the	142070
Superintendent of Public Instruction, and with the approval of the	142071
Controlling Board, the Director of Budget and Management may	142072
transfer cash from the Lottery Profits Education Reserve Fund	142073
(Fund 7018) to Fund 5H30 to provide assistance and grants to	142074
school districts to enable them to remain solvent and to pay	142075
unforeseeable expenses of a temporary nature that they are unable	142076
to pay from existing resources under section 3316.20 of the	142077
Revised Code. Such transfers are hereby appropriated to	142078
appropriation item 200670, School District Solvency Assistance –	142079
Lottery. Any required reimbursements from school districts for	142080
solvency assistance granted from appropriation item 200670, School	142081
District Solvency Assistance – Lottery, shall be made to Fund	142082
7018.	142083

Section 267.30.90. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS

142084

Upon the request of the Superintendent of Public Instruction,	142085
the Director of Budget and Management may transfer up to $639,000	142086
cash in each fiscal year from the General Revenue Fund to the	142087
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The	142088
transferred cash is to be used by the Department of Education to	142089
pay the expenses the Department incurs in administering the	142090
Medicaid School Component of the Medicaid program established	142091
under sections 5111.71 to 5111.715 of the Revised Code. On June 1	142092
of each fiscal year, or as soon as possible thereafter, the	142093
Director of Budget and Management shall transfer cash from Fund	142094
3AF0 back to the General Revenue Fund in an amount equal to the	142095
total amount transferred to Fund 3AF0 in that fiscal year.	142096

The money deposited into Fund 3AF0 under division (B) of	142097
section 5111.714 of the Revised Code is hereby appropriated for	142098
fiscal years 2012 and 2013 and shall be used in accordance with	142099
division (D) of section 5111.714 of the Revised Code.	142100

Section 267.40.10. HALF-MILL MAINTENANCE EQUALIZATION

142101

The foregoing appropriation item 200626, Half-Mill	142102
Maintenance Equalization, shall be used to make payments pursuant	142103
to section 3318.18 of the Revised Code.	142104

Section 267.40.20. AUXILIARY SERVICES REIMBURSEMENT

142105

Notwithstanding section 3317.064 of the Revised Code, if the	142106
unexpended, unencumbered cash balance is sufficient, the Treasurer	142107
of State shall transfer $1,500,000 in fiscal year 2012 within	142108
thirty days after the effective date of this section, and	142109
$1,500,000 in fiscal year 2013 by August 1, 2012, from the	142110
Auxiliary Services Personnel Unemployment Compensation Fund to the	142111
Auxiliary Services Reimbursement Fund (Fund 5980) used by the	142112
Department of Education.	142113

Section 267.40.30. LOTTERY PROFITS EDUCATION FUND

142114

Appropriation item 200612, Foundation Funding (Fund 7017),	142115
shall be used in conjunction with appropriation item 200550,	142116
Foundation Funding (GRF), to provide state foundation payments to	142117
school districts.	142118

The Department of Education, with the approval of the	142119
Director of Budget and Management, shall determine the monthly	142120
distribution schedules of appropriation item 200550, Foundation	142121
Funding (GRF), and appropriation item 200612, Foundation Funding	142122
(Fund 7017). If adjustments to the monthly distribution schedule	142123
are necessary, the Department of Education shall make such	142124
adjustments with the approval of the Director of Budget and	142125
Management.	142126

Section 267.40.40. LOTTERY PROFITS EDUCATION RESERVE FUND

142127

(A) There is hereby created the Lottery Profits Education	142128
Reserve Fund (Fund 7018) in the State Treasury. Investment	142129
earnings of the Lottery Profits Education Reserve Fund shall be	142130
credited to the fund.	142131

(B) Notwithstanding any other provision of law to the	142132
contrary, the Director of Budget and Management may transfer cash	142133
from Fund 7018 to the Lottery Profits Education Fund (Fund 7017)	142134
in fiscal year 2012 and fiscal year 2013. Amounts transferred	142135
under this section are hereby appropriated.	142136

(C) On July 15, 2011, or as soon as possible thereafter, the	142137
Director of the Ohio Lottery Commission shall certify to the	142138
Director of Budget and Management the amount by which lottery	142139
profit transfers received by Fund 7017 exceeded $711,000,000 in	142140
fiscal year 2011. The Director of Budget and Management may	142141
transfer the amount so certified, plus the cash balance in Fund	142142
7017, to Fund 7018.	142143

(D) On July 15, 2012, or as soon as possible thereafter, the	142144
Director of the Ohio Lottery Commission shall certify to the	142145
Director of Budget and Management the amount by which lottery	142146
profit transfers received by Fund 7017 exceeded $717,500,000 in	142147
fiscal year 2012. The Director of Budget and Management may	142148
transfer the amount so certified, plus the cash balance in Fund	142149
7017, to Fund 7018.	142150

Section 267.40.50. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	142151
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)	142152

Notwithstanding any provision of law to the contrary, in	142153
fiscal year 2012 and fiscal year 2013 the Director of Budget and	142154
Management may make temporary transfers between the General	142155
Revenue Fund and the School District Property Tax Replacement –	142156
Business Fund (Fund 7047) in the Department of Education to ensure	142157
sufficient balances in Fund 7047 and to replenish the General	142158
Revenue Fund for such transfers.	142159

Section 267.40.60. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	142160
BUSINESS	142161

The foregoing appropriation item 200909, School District	142162
Property Tax Replacement – Business, shall be used by the	142163
Department of Education, in consultation with the Department of	142164
Taxation, to make payments to school districts and joint	142165
vocational school districts under section 5751.21 of the Revised	142166
Code. If it is determined by the Director of Budget and Management	142167
that additional appropriations are necessary for this purpose,	142168
such amounts are hereby appropriated.	142169

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

142170

The foregoing appropriation item 200900, School District	142171
Property Tax Replacement-Utility, shall be used by the Department	142172
of Education, in consultation with the Department of Taxation, to	142173
make payments to school districts and joint vocational school	142174
districts under section 5727.85 of the Revised Code. If it is	142175
determined by the Director of Budget and Management that	142176
additional appropriations are necessary for this purpose, such	142177
amounts are hereby appropriated.	142178

DISTRIBUTION FORMULAS

142179

The Department of Education shall report the following to the	142180
Director of Budget and Management and the Legislative Service	142181
Commission:	142182

(A) Changes in formulas for distributing state	142183
appropriations, including administratively defined formula	142184
factors;	142185

(B) Discretionary changes in formulas for distributing	142186
federal appropriations;	142187

(C) Federally mandated changes in formulas for distributing	142188
federal appropriations.	142189

Any such changes shall be reported two weeks prior to the	142190
effective date of the change.	142191

Section 267.40.70. EDUCATIONAL SERVICE CENTERS FUNDING

142192

In fiscal year 2012, each Educational Service Center shall	142193
receive funding equal to ninety per cent of the amount received in	142194
fiscal year 2011 under section 3317.11 of the Revised Code and	142195
Section 265.50.10 of Am. Sub. H.B. 1 of the 128th General	142196
Assembly.	142197

In fiscal year 2013, each Educational Service Center shall	142198
receive funding equal to eighty-five per cent of the amount	142199
received in fiscal year 2012 under this section.	142200

Notwithstanding any provision of law to the contrary, the	142201
Department of Education shall modify the payments under this	142202
section as follows:	142203

(A) If an educational service center ceases operation, the	142204
Department shall redistribute that center's funding, as calculated	142205
under this section, to the remaining centers in proportion to each	142206
center's service center ADM as defined in section 3317.11 of the	142207
Revised Code.	142208

(B) If two or more educational service centers merge	142209
operations to create a single service center, the Department shall	142210
distribute the sum of the original service centers' funding, as	142211
calculated under this section, to the new service center.	142212

Section 267.40.80. PRIVATE TREATMENT FACILITY PROJECT

142213

(A) As used in this section:

142214

(1) The following are "participating residential treatment	142215
centers":	142216

(a) Private residential treatment facilities that have	142217
entered into a contract with the Department of Youth Services to	142218
provide services to children placed at the facility by the	142219
Department and which, in fiscal year 2012 or fiscal year 2013 or	142220
both, the Department pays through appropriation item 470401,	142221
RECLAIM Ohio;	142222

(b) Abraxas, in Shelby;

142223

142224

(d) F.I.R.S.T., in Mansfield.

142225

(2) "Education program" means an elementary or secondary	142226
education program or a special education program and related	142227
services.	142228

(3) "Served child" means any child receiving an education	142229
program pursuant to division (B) of this section.	142230

(4) "School district responsible for tuition" means a city,	142231
exempted village, or local school district that, if tuition	142232
payment for a child by a school district is required under law	142233
that existed in fiscal year 1998, is the school district required	142234
to pay that tuition.	142235

(5) "Residential child" means a child who resides in a	142236
participating residential treatment center and who is receiving an	142237
educational program under division (B) of this section.	142238

(B) A youth who is a resident of the state and has been	142239
assigned by a juvenile court or other authorized agency to a	142240
residential treatment facility specified in division (A) of this	142241
section shall be enrolled in an approved educational program	142242
located in or near the facility. Approval of the educational	142243
program shall be contingent upon compliance with the criteria	142244
established for such programs by the Department of Education. The	142245
educational program shall be provided by a school district or	142246
educational service center, or by the residential facility itself.	142247
Maximum flexibility shall be given to the residential treatment	142248
facility to determine the provider. In the event that a voluntary	142249
agreement cannot be reached and the residential facility does not	142250
choose to provide the educational program, the educational service	142251
center in the county in which the facility is located shall	142252
provide the educational program at the treatment center to	142253
children under twenty-two years of age residing in the treatment	142254
center.	142255

(C) Any school district responsible for tuition for a	142256
residential child shall, notwithstanding any conflicting provision	142257
of the Revised Code regarding tuition payment, pay tuition for the	142258
child for fiscal year 2012 and fiscal year 2013 to the education	142259
program provider and in the amount specified in this division. If	142260
there is no school district responsible for tuition for a	142261
residential child and if the participating residential treatment	142262
center to which the child is assigned is located in the city,	142263
exempted village, or local school district that, if the child were	142264
not a resident of that treatment center, would be the school	142265
district where the child is entitled to attend school under	142266
sections 3313.64 and 3313.65 of the Revised Code, that school	142267
district, notwithstanding any conflicting provision of the Revised	142268
Code, shall pay tuition for the child for fiscal year 2012 and	142269
fiscal year 2013 under this division unless that school district	142270
is providing the educational program to the child under division	142271
(B) of this section.	142272

A tuition payment under this division shall be made to the	142273
school district, educational service center, or residential	142274
treatment facility providing the educational program to the child.	142275

The amount of tuition paid shall be:

142276

(1) The amount of tuition determined for the district under	142277
division (A) of section 3317.08 of the Revised Code;	142278

(2) In addition, for any student receiving special education	142279
pursuant to an individualized education program as defined in	142280
section 3323.01 of the Revised Code, a payment for excess costs.	142281
This payment shall equal the actual cost to the school district,	142282
educational service center, or residential treatment facility of	142283
providing special education and related services to the student	142284
pursuant to the student's individualized education program, minus	142285
the tuition paid for the child under division (C)(1) of this	142286
section.	142287

A school district paying tuition under this division shall	142288
not include the child for whom tuition is paid in the district's	142289
average daily membership certified under division (A) of section	142290
3317.03 of the Revised Code.	142291

(D) In each of fiscal years 2012 and 2013, the Department of	142292
Education shall reimburse, from appropriations made for the	142293
purpose, a school district, educational service center, or	142294
residential treatment facility, whichever is providing the	142295
service, that has demonstrated that it is in compliance with the	142296
funding criteria for each served child for whom a school district	142297
must pay tuition under division (C) of this section. The amount of	142298
the reimbursement shall be the amount appropriated for this	142299
purpose divided by the full-time equivalent number of children for	142300
whom reimbursement is to be made.	142301

(E) Funds provided to a school district, educational service	142302
center, or residential treatment facility under this section shall	142303
be used to supplement, not supplant, funds from other public	142304
sources for which the school district, service center, or	142305
residential treatment facility is entitled or eligible.	142306

(F) The Department of Education shall track the utilization	142307
of funds provided to school districts, educational service	142308
centers, and residential treatment facilities under this section	142309
and monitor the effect of the funding on the educational programs	142310
they provide in participating residential treatment facilities.	142311
The Department shall monitor the programs for educational	142312
accountability.	142313

Section 267.40.90. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	142314
ASSESSMENT OF EDUCATION PROGRESS	142315

The General Assembly intends for the Superintendent of Public	142316
Instruction to provide for school district participation in the	142317
administration of the National Assessment of Education Progress in	142318
accordance with section 3301.27 of the Revised Code. Each school	142319
and school district selected for participation by the	142320
Superintendent of Public Instruction shall participate.	142321

Section 267.50.10. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH	142322
STUDENTS	142323

(A) As used in this section:

142324

(1) "IEP" has the same meaning as in section 3323.01 of the	142325
Revised Code.	142326

(2) "SBH student" means a student receiving special education	142327
and related services for severe behavior disabilities pursuant to	142328
an IEP.	142329

(B) This section applies only to a community school	142330
established under Chapter 3314. of the Revised Code that in each	142331
of fiscal years 2012 and 2013 enrolls a number of SBH students	142332
equal to at least fifty per cent of the total number of students	142333
enrolled in the school in the applicable fiscal year.	142334

(C) In addition to any state foundation payments made, in	142335
each of fiscal years 2012 and 2013, the Department of Education	142336
shall pay to a community school to which this section applies a	142337
subsidy equal to the difference between the aggregate amount	142338
calculated and paid in that fiscal year to the community school	142339
for special education and related services additional weighted	142340
costs for the SBH students enrolled in the school and the	142341
aggregate amount that would have been calculated for the school	142342
for special education and related services additional weighted	142343
costs for those same students in fiscal year 2001. If the	142344
difference is a negative number, the amount of the subsidy shall	142345
be zero.	142346

(D) The amount of any subsidy paid to a community school	142347
under this section shall not be deducted from the school district	142348
in which any of the students enrolled in the community school are	142349
entitled to attend school under section 3313.64 or 3313.65 of the	142350
Revised Code. The amount of any subsidy paid to a community school	142351
under this section shall be paid from funds appropriated to the	142352
Department of Education in appropriation item 200550, Foundation	142353
Funding.	142354

Section 267.50.20. EARMARK ACCOUNTABILITY

142355

At the request of the Superintendent of Public Instruction,	142356
any entity that receives a budget earmark under the Department of	142357
Education shall submit annually to the chairpersons of the	142358
committees of the House of Representatives and the Senate	142359
primarily concerned with education and to the Department of	142360
Education a report that includes a description of the services	142361
supported by the funds, a description of the results achieved by	142362
those services, an analysis of the effectiveness of the program,	142363
and an opinion as to the program's applicability to other school	142364
districts. For an earmarked entity that received state funds from	142365
an earmark in the prior fiscal year, no funds shall be provided by	142366
the Department of Education to an earmarked entity for a fiscal	142367
year until its report for the prior fiscal year has been	142368
submitted.	142369

Section 267.50.30. PROHIBITION FROM OPERATING FROM HOME

142370

No community school established under Chapter 3314. of the	142371
Revised Code that was not open for operation as of May 1, 2005,	142372
shall operate from a home, as defined in section 3313.64 of the	142373
Revised Code.	142374

Section 267.50.40. EARLY COLLEGE START UP COMMUNITY SCHOOL

142375

(A) As used in this section:

142376

(1) "Big eight school district" has the same meaning as in	142377
section 3314.02 of the Revised Code.	142378

(2) "Early college high school" means a high school that	142379
provides students with a personalized learning plan based on an	142380
accelerated curriculum combining high school and college-level	142381
coursework.	142382

(B) Any early college high school that is operated by a big	142383
eight school district in partnership with a private university may	142384
operate as a new start-up community school under Chapter 3314. of	142385
the Revised Code beginning in the 2007-2008 school year, if all of	142386
the following conditions are met:	142387

(1) The governing authority and sponsor of the school enter	142388
into a contract in accordance with section 3314.03 of the Revised	142389
Code and, notwithstanding division (D) of section 3314.02 of the	142390
Revised Code, both parties adopt and sign the contract by July 9,	142391
2007.	142392

(2) Notwithstanding division (A) of former section 3314.016	142393
of the Revised Code, the school's governing authority enters into	142394
a contract with the private university under which the university	142395
will be the school's operator.	142396

(3) The school provides the same educational program the	142397
school provided while part of the big eight school district.	142398

Section 267.50.50. USE OF VOLUNTEERS

142399

The Department of Education may utilize the services of	142400
volunteers to accomplish any of the purposes of the Department.	142401
The Superintendent of Public Instruction shall approve for what	142402
purposes volunteers may be used and for these purposes may	142403
recruit, train, and oversee the services of volunteers. The	142404
Superintendent may reimburse volunteers for necessary and	142405
appropriate expenses in accordance with state guidelines and may	142406
designate volunteers as state employees for the purpose of motor	142407
vehicle accident liability insurance under section 9.83 of the	142408
Revised Code, for immunity under section 9.86 of the Revised Code,	142409
and for indemnification from liability incurred in the performance	142410
of their duties under section 9.87 of the Revised Code.	142411

Section 267.50.60. RESTRICTION OF LIABILITY FOR CERTAIN	142412
REIMBURSEMENTS	142413

(A) Except as expressly required under a court judgment not	142414
subject to further appeals, or a settlement agreement with a	142415
school district executed on or before June 1, 2009, in the case of	142416
a school district for which the formula ADM for fiscal year 2005,	142417
as reported for that fiscal year under division (A) of section	142418
3317.03 of the Revised Code, was reduced based on enrollment	142419
reports for community schools, made under section 3314.08 of the	142420
Revised Code, regarding students entitled to attend school in the	142421
district, which reduction of formula ADM resulted in a reduction	142422
of foundation funding or transitional aid funding for fiscal year	142423
2005, 2006, or 2007, no school district, except a district named	142424
in the court's judgment or the settlement agreement, shall have a	142425
legal claim for reimbursement of the amount of such reduction in	142426
foundation funding or transitional aid funding, and the state	142427
shall not have liability for reimbursement of the amount of such	142428
reduction in foundation funding or transitional aid funding.	142429

(B) As used in this section:

142430

(1) "Community school" means a community school established	142431
under Chapter 3314. of the Revised Code.	142432

(2) "Entitled to attend school" means entitled to attend	142433
school in a school district under section 3313.64 or 3313.65 of	142434
the Revised Code.	142435

(3) "Foundation funding" means payments calculated for the	142436
respective fiscal year under Chapter 3317. of the Revised Code.	142437

(4) "Transitional aid funding" means payments calculated for	142438
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95	142439
of the 125th General Assembly, as subsequently amended; Section	142440
206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as	142441
subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119	142442
of the 127th General Assembly.	142443

Section 267.50.70. UNAUDITABLE COMMUNITY SCHOOL

142444

(A) If the Auditor of State or a public accountant, pursuant	142445
to section 117.41 of the Revised Code, declares a community school	142446
established under Chapter 3314. of the Revised Code to be	142447
unauditable, the Auditor of State shall provide written	142448
notification of that declaration to the school, the school's	142449
sponsor, and the Department of Education. The Auditor of State	142450
also shall post the notification on the Auditor of State's web	142451
site.	142452

(B) Notwithstanding any provision to the contrary in Chapter	142453
3314. of the Revised Code or any other provision of law, a sponsor	142454
of a community school that is notified by the Auditor of State	142455
under division (A) of this section that a community school it	142456
sponsors is unauditable shall not enter into contracts with any	142457
additional community schools under section 3314.03 of the Revised	142458
Code until the Auditor of State or a public accountant has	142459
completed a financial audit of that school.	142460

(C) Not later than forty-five days after receiving	142461
notification by the Auditor of State under division (A) of this	142462
section that a community school is unauditable, the sponsor of the	142463
school shall provide a written response to the Auditor of State.	142464
The response shall include the following:	142465

(1) An overview of the process the sponsor will use to review	142466
and understand the circumstances that led to the community school	142467
becoming unauditable;	142468

(2) A plan for providing the Auditor of State with the	142469
documentation necessary to complete an audit of the community	142470
school and for ensuring that all financial documents are available	142471
in the future;	142472

(3) The actions the sponsor will take to ensure that the plan	142473
described in division (C)(2) of this section is implemented.	142474

(D) If a community school fails to make reasonable efforts	142475
and continuing progress to bring its accounts, records, files, or	142476
reports into an auditable condition within ninety days after being	142477
declared unauditable, the Auditor of State, in addition to	142478
requesting legal action under sections 117.41 and 117.42 of the	142479
Revised Code, shall notify the Department of the school's failure.	142480
If the Auditor of State or a public accountant subsequently is	142481
able to complete a financial audit of the school, the Auditor of	142482
State shall notify the Department that the audit has been	142483
completed.	142484

(E) Notwithstanding any provision to the contrary in Chapter	142485
3314. of the Revised Code or any other provision of law, upon	142486
notification by the Auditor of State under division (D) of this	142487
section that a community school has failed to make reasonable	142488
efforts and continuing progress to bring its accounts, records,	142489
files, or reports into an auditable condition following a	142490
declaration that the school is unauditable, the Department shall	142491
immediately cease all payments to the school under Chapter 3314.	142492
of the Revised Code and any other provision of law. Upon	142493
subsequent notification from the Auditor of State under that	142494
division that the Auditor of State or a public accountant was able	142495
to complete a financial audit of the community school, the	142496
Department shall release all funds withheld from the school under	142497
this section.	142498

Section 267.50.80. FLEXIBLE FUNDING FOR FAMILIES AND	142499
CHILDREN	142500

In collaboration with the County Family and Children First	142501
Council, a city, local, or exempted village school district,	142502
community school, STEM school, joint vocational school district,	142503
educational service center, or county board of developmental	142504
disabilities that receives allocations from the Department of	142505
Education from appropriation item 200550, Foundation Funding, or	142506
appropriation item 200540, Special Education Enhancements, may	142507
transfer portions of those allocations to a flexible funding pool	142508
authorized by the Section of this act entitled "FAMILY AND	142509
CHILDREN FIRST FLEXIBLE FUNDING POOL." Allocations used for	142510
maintenance of effort or for federal or state funding matching	142511
requirements shall not be transferred unless the allocation may	142512
still be used to meet such requirements.	142513

Section 267.50.90. EDUCATIONAL SHARED SERVICES MODEL/P-16	142514
COUNCILS	142515

The Governor's Director of 21st Century Education shall	142516
develop a plan for the integration and consolidation of the	142517
publicly supported regional shared services organizations serving	142518
Ohio's public and chartered nonpublic schools and develop a plan	142519
to encourage communities and school districts to create regional	142520
P-16 councils to better organize and share existing community	142521
resources to improve student achievement. The Director shall	142522
include recommendations for implementation of the plans beginning	142523
July 1, 2012.	142524

In preparing the shared services plan, the Director shall	142525
recommend educational support organizations to be integrated into	142526
the regional shared service center system. The organizations to be	142527
integrated shall include, but shall not be limited to, educational	142528
service centers, education technology centers, information	142529
technology centers, area media centers, Ohio's statewide system of	142530
support, the education regional service system, regional advisory	142531
boards, and regional staff from the Department of Education	142532
providing direct support to school districts.	142533

In preparing the recommendations of the shared services plan,	142534
the Director shall include an examination of services offered to	142535
public and chartered nonpublic schools and recommendations for	142536
integration of services into a shared services model. Services to	142537
be considered shall include, but shall not be limited to, general	142538
instruction, special education, gifted education, academic	142539
leadership, technology, fiscal management, transportation, food	142540
services, human resources, employee benefits, pooled purchasing,	142541
professional development, and noninstructional support.	142542

Not later than October 15, 2011, the Director shall conduct a	142543
shared services survey of Ohio's school districts, community	142544
schools, STEM schools, chartered nonpublic schools, joint	142545
vocational school districts, and other educational service	142546
providers and local political subdivisions to gather baseline data	142547
on the current status of shared services and to determine where	142548
opportunities for additional shared services exist.	142549

In preparing the P-16 plan, the Director shall develop a set	142550
of model criteria that encourages and permits communities and	142551
school districts to create local P-16 councils. Members of the	142552
councils shall include, but not be limited to, local community	142553
leaders in primary and secondary education, higher education,	142554
early childhood education, and representatives of business,	142555
nonprofit, and social service agencies.	142556

In preparing the recommendations for the P-16 plan, the	142557
Director shall include an examination of existing P-16 councils in	142558
Ohio and identify for inclusion in the model criteria their	142559
success in setting short and long-term student achievement and	142560
growth targets in their communities, leading cross-sector	142561
strategies to improve student-level outcomes, effectively using	142562
data to inform decisions around funding, providing intervention	142563
strategies for students, and achieving greater systems alignment.	142564

Not later than January 1, 2012, the Director shall submit to	142565
the Governor and the General Assembly, in accordance with section	142566
101.68 of the Revised Code, legislative recommendations for	142567
implementation of the plans.	142568

Section 267.60.10. If there are unencumbered moneys remaining	142569
on July 1, 2011, in a school district's textbook and instructional	142570
materials fund, as required by former section 3315.17 of the	142571
Revised Code, the district board of education may transfer those	142572
moneys to the district's general fund and may use such moneys for	142573
any purpose authorized for general fund moneys.	142574

Section 267.60.20. A new conversion community school	142575
established under division (B) of section 3314.02 of the Revised	142576
Code may open for operation in the 2011-2012 school year,	142577
notwithstanding the deadlines prescribed by division (D) of	142578
section 3314.02 of the Revised Code for adoption and signing of	142579
the contract under section 3314.03 of the Revised Code, but those	142580
parties shall adopt and sign the contract, and file a copy of it	142581
with the Superintendent of Public Instruction, prior to the	142582
school's opening.	142583

Section 267.60.30. The State Board of Education shall	142584
initiate rulemaking procedures for the rules for the Jon Peterson	142585
Special Needs Scholarship Program, required under section 3310.64	142586
of the Revised Code, as enacted by this act, so that those rules	142587
are in effect not later than one hundred twenty days after the	142588
effective date of this section.	142589

Section 267.60.31. The Department of Education shall conduct	142590
a formative evaluation of the Jon Peterson Special Needs	142591
Scholarship Program established under sections 3310.51 to 3310.64	142592
of the Revised Code, using both quantitative and qualitative	142593
analyses, and shall report its findings to the General Assembly,	142594
in accordance with section 101.68 of the Revised Code, not later	142595
than December 31, 2014.	142596

The study shall include an assessment of:

142597

(A) The level of the participating student's satisfaction	142598
with the program;	142599

(B) The level of the participating parent's satisfaction with	142600
the program;	142601

(C) The fiscal impact to the state and resident school	142602
districts affected by the program.	142603

In conducting the evaluation, the Department shall to the	142604
extent possible gather comments from parents who have been awarded	142605
scholarships under the program, school district officials,	142606
representatives of registered private providers, educators, and	142607
representatives of educational organizations for inclusion in the	142608
report required under this section.	142609

The Department may contract with one or more qualified	142610
researchers who have previous experience evaluating school choice	142611
programs to conduct this study. The Department may accept grants	142612
to assist in funding this study.	142613

Section 269.10. ELC OHIO ELECTIONS COMMISSION

142614

General Revenue Fund	142615

GRF	051321		Operating Expenses		$	333,117		$	333,117		142616
TOTAL GRF General Revenue Fund					$	333,117		$	333,117		142617

General Services Fund Group	142618

4P20	051601	Ohio Elections Commission Fund	$	225,000	$	225,000	142619
TOTAL GSF General Services Fund Group			$	225,000	$	225,000	142620
TOTAL ALL BUDGET FUND GROUPS			$	558,117	$	558,117	142621

Section 271.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	142623
DIRECTORS	142624

General Services Fund Group	142625

4K90	881609	Operating Expenses	$	561,494	$	551,958	142626
TOTAL GSF General Services							142627
Fund Group			$	561,494	$	551,958	142628
TOTAL ALL BUDGET FUND GROUPS			$	561,494	$	551,958	142629

Section 273.10. PAY EMPLOYEE BENEFITS FUNDS

142631

Accrued Leave Liability Fund Group	142632

8060	995666	Accrued Leave Fund	$	72,053,178	$	71,828,986	142633
8070	995667	Disability Fund	$	27,616,583	$	26,593,747	142634
TOTAL ALF Accrued Leave Liability							142635
Fund Group			$	99,669,761	$	98,422,733	142636

Agency Fund Group	142637

1240	995673	Payroll Deductions	$	855,456,678		$	840,248,559	142638
8080	995668	State Employee Health Benefit Fund	$	590,265,468		$	649,292,014	142639
8090	995669	Dependent Care Spending Account	$	2,881,273		$	2,967,711	142640
8100	995670	Life Insurance Investment Fund	$	2,080,634		$	2,143,053	142641
8110	995671	Parental Leave Benefit Fund	$	3,484,737		$	3,355,673	142642
8130	995672	Health Care Spending Account	$	8,588,262		$	9,447,088	142643
8140	995674	Cost Savings Days	$	50,000,000		$	0	142644
TOTAL AGY Agency Fund Group			$	1,512,757,052		$	1,507,454,098	142645
					142646

TOTAL ALL BUDGET FUND GROUPS

1,612,426,813

1,605,876,831

142647

ACCRUED LEAVE LIABILITY FUND

142648

The foregoing appropriation item 995666, Accrued Leave Fund,	142649
shall be used to make payments from the Accrued Leave Liability	142650
Fund (Fund 8060) pursuant to section 125.211 of the Revised Code.	142651
If it is determined by the Director of Budget and Management that	142652
additional amounts are necessary, the amounts are hereby	142653
appropriated.	142654

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

142655

The foregoing appropriation item 995667, Disability Fund,	142656
shall be used to make payments from the State Employee Disability	142657
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the	142658
Revised Code. If it is determined by the Director of Budget and	142659
Management that additional amounts are necessary, the amounts are	142660
hereby appropriated.	142661

PAYROLL WITHHOLDING FUND

142662

The foregoing appropriation item 995673, Payroll Deductions,	142663
shall be used to make payments from the Payroll Withholding Fund	142664
(Fund 1240). If it is determined by the Director of Budget and	142665
Management that additional appropriation amounts are necessary,	142666
the amounts are hereby appropriated.	142667

STATE EMPLOYEE HEALTH BENEFIT FUND

142668

The foregoing appropriation item 995668, State Employee	142669
Health Benefit Fund, shall be used to make payments from the State	142670
Employee Health Benefit Fund (Fund 8080) pursuant to section	142671
124.87 of the Revised Code. If it is determined by the Director of	142672
Budget and Management that additional amounts are necessary, the	142673
amounts are hereby appropriated.	142674

DEPENDENT CARE SPENDING FUND

142675

The foregoing appropriation item 995669, Dependent Care	142676
Spending Account, shall be used to make payments from the	142677
Dependent Care Spending Fund (Fund 8090) to employees eligible for	142678
dependent care expenses. If it is determined by the Director of	142679
Budget and Management that additional amounts are necessary, the	142680
amounts are hereby appropriated.	142681

LIFE INSURANCE INVESTMENT FUND

142682

The foregoing appropriation item 995670, Life Insurance	142683
Investment Fund, shall be used to make payments from the Life	142684
Insurance Investment Fund (Fund 8100) for the costs and expenses	142685
of the state's life insurance benefit program pursuant to section	142686
125.212 of the Revised Code. If it is determined by the Director	142687
of Budget and Management that additional amounts are necessary,	142688
the amounts are hereby appropriated.	142689

PARENTAL LEAVE BENEFIT FUND

142690

The foregoing appropriation item 995671, Parental Leave	142691
Benefit Fund, shall be used to make payments from the Parental	142692
Leave Benefit Fund (Fund 8110) to employees eligible for parental	142693
leave benefits pursuant to section 124.137 of the Revised Code. If	142694
it is determined by the Director of Budget and Management that	142695
additional amounts are necessary, the amounts are hereby	142696
appropriated.	142697

HEALTH CARE SPENDING ACCOUNT FUND

142698

The foregoing appropriation item 995672, Health Care Spending	142699
Account, shall be used to make payments from the Health Care	142700
Spending Account Fund (Fund 8130) for payments pursuant to state	142701
employees' participation in a flexible spending account for	142702
non-reimbursed health care expenses and section 124.821 of the	142703
Revised Code. If it is determined by the Director of	142704
Administrative Services that additional appropriation amounts are	142705
necessary, the Director of Administrative Services may request	142706
that the Director of Budget and Management increase such amounts.	142707
Such amounts are hereby appropriated.	142708

At the request of the Director of Administrative Services,	142709
the Director of Budget and Management may transfer up to $600,000	142710
annually from the General Revenue Fund to the Health Care Spending	142711
Account Fund during fiscal years 2012 and 2013. This cash shall be	142712
transferred as needed to provide adequate cash flow for the Health	142713
Care Spending Account Fund during fiscal year 2012 and fiscal year	142714
2013. If funds are available at the end of fiscal years 2012 and	142715
2013, the Director of Budget and Management shall transfer cash up	142716
to the amount previously transferred in the respective year, plus	142717
interest income, from the Health Care Spending Account (Fund 8130)	142718
to the General Revenue Fund.	142719

COST SAVINGS DAYS

142720

The foregoing appropriation item, 995674, Cost Savings Days,	142721
shall be used by the Director of Budget and Management in	142722
accordance with division (E) of section 124.392 of the Revised	142723
Code to pay employees who participated in a mandatory cost savings	142724
program, or to reimburse employees who did not fully participate	142725
in a mandatory cost savings program. Notwithstanding any provision	142726
of law to the contrary, in fiscal year 2012 and fiscal year 2013,	142727
the Director may transfer agency savings achieved from the use of	142728
a mandatory cost savings program to the General Revenue Fund or	142729
any other fund as deemed necessary by the Director. The Director	142730
may make temporary transfers from the General Revenue Fund to	142731
ensure sufficient balances in the Cost Savings Fund and may	142732
reimburse the General Revenue Fund for such transfers. If the	142733
Director determines that additional amounts are necessary for	142734
these purposes, the amounts are hereby appropriated.	142735

Section 273.20. CASH TRANSFER TO PAYROLL WITHHOLDING FUND

142736

The Director of Budget and Management may transfer $561,897	142737
in cash from the Health Care Spending Account Fund (Fund 8130) to	142738
the Payroll Withholding Fund (Fund 1240) to correct payments made	142739
from the Payroll Withholding Fund that should have been made from	142740
the Health Care Spending Account Fund.	142741

Section 275.10. ERB STATE EMPLOYMENT RELATIONS BOARD

142742

General Revenue Fund	142743

GRF	125321		Operating Expenses		$	3,758,869		$	3,761,457		142744
TOTAL GRF General Revenue Fund					$	3,758,869		$	3,761,457		142745

General Services Fund Group	142746

5720	125603	Training and Publications	$	87,075	$	87,075	142747
TOTAL GSF General Services							142748
Fund Group			$	87,075	$	87,075	142749
TOTAL ALL BUDGET FUND GROUPS			$	3,845,944	$	3,848,532	142750

Section 277.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

142752

General Services Fund Group	142753

4K90	892609	Operating Expenses	$	934,264	$	921,778	142754
TOTAL GSF General Services							142755
Fund Group			$	934,264	$	921,778	142756
TOTAL ALL BUDGET FUND GROUPS			$	934,264	$	921,778	142757

Section 279.10. EPA ENVIRONMENTAL PROTECTION AGENCY

142759

General Services Fund Group	142760

1990	715602	Laboratory Services	$	402,295	$	408,560	142761
2190	715604	Central Support Indirect	$	8,594,348	$	8,555,680	142762
4A10	715640	Operating Expenses	$	2,304,267	$	2,093,039	142763
TOTAL GSF General Services							142764
Fund Group			$	11,300,910	$	11,057,279	142765

Federal Special Revenue Fund Group	142766

3530	715612	Public Water Supply	$	2,941,282	$	2,941,282	142767
3540	715614	Hazardous Waste Management - Federal	$	4,193,000	$	4,193,000	142768
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	142769
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	142770
3BU0	715684	Water Quality Protection	$	8,100,000	$	6,785,000	142771
3CS0	715688	Federal NRD Settlements	$	100,000	$	100,000	142772
3F20	715630	Revolving Loan Fund - Operating	$	907,543	$	907,543	142773
3F30	715632	Federally Supported Cleanup and Response	$	3,344,746	$	3,290,405	142774
3F50	715641	Nonpoint Source Pollution Management	$	6,265,000	$	6,260,000	142775
3T30	715669	Drinking Water State Revolving Fund	$	2,273,323	$	2,273,323	142776
3V70	715606	Agencywide Grants	$	600,000	$	600,000	142777
TOTAL FED Federal Special Revenue							142778
Fund Group			$	35,146,971	$	33,772,630	142779

State Special Revenue Fund Group	142780

4J00	715638	Underground Injection Control	$	445,234	$	445,571	142781
4K20	715648	Clean Air - Non Title V	$	3,152,306	$	2,906,267	142782
4K30	715649	Solid Waste	$	16,742,551	$	16,414,654	142783
4K40	715650	Surface Water Protection	$	7,642,625	$	6,672,246	142784
4K40	715686	Environmental Lab Service	$	2,096,007	$	2,096,007	142785
4K50	715651	Drinking Water Protection	$	7,410,118	$	7,405,428	142786
4P50	715654	Cozart Landfill	$	100,000	$	100,000	142787
4R50	715656	Scrap Tire Management	$	1,368,610	$	1,376,742	142788
4R90	715658	Voluntary Action Program	$	999,503	$	997,425	142789
4T30	715659	Clean Air - Title V Permit Program	$	16,349,471	$	16,241,822	142790
4U70	715660	Construction and Demolition Debris	$	425,913	$	433,591	142791
5000	715608	Immediate Removal Special Account	$	633,832	$	634,033	142792
5030	715621	Hazardous Waste Facility Management	$	10,241,107	$	9,789,620	142793
5050	715623	Hazardous Waste Cleanup	$	12,511,234	$	12,331,272	142794
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	142795
5410	715670	Site Specific Cleanup	$	2,048,101	$	2,048,101	142796
5420	715671	Risk Management Reporting	$	132,636	$	132,636	142797
5920	715627	Anti Tampering Settlement	$	2,285	$	2,285	142798
5BC0	715617	Clean Ohio	$	611,455	$	611,455	142799
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	142800
5BC0	715624	Surface Water	$	8,970,181	$	9,114,974	142801
5BC0	715672	Air Pollution Control	$	4,438,629	$	4,534,758	142802
5BC0	715673	Drinking and Ground Water	$	4,317,527	$	4,323,521	142803
5BC0	715675	Hazardous Waste	$	95,266	$	95,266	142804
5BC0	715676	Assistance and Prevention	$	640,179	$	645,069	142805
5BC0	715677	Laboratory	$	939,717	$	958,586	142806
5BC0	715678	Corrective Actions	$	31,765	$	105,423	142807
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	142808
5BC0	715692	Administration	$	8,562,476	$	8,212,627	142809
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	142810
5BY0	715681	Auto Emissions Test	$	13,029,952	$	13,242,762	142811
5CD0	715682	Clean Diesel School Buses	$	600,000	$	600,000	142812
5H40	715664	Groundwater Support	$	77,508	$	78,212	142813
5N20	715613	Dredge and Fill	$	29,250	$	29,250	142814
5Y30	715685	Surface Water Improvement	$	2,800,000	$	2,800,000	142815
6440	715631	ER Radiological Safety	$	279,838	$	279,966	142816
6600	715629	Infectious Waste Management	$	91,573	$	88,764	142817
6760	715642	Water Pollution Control Loan Administration	$	4,317,376	$	4,321,605	142818
6780	715635	Air Toxic Release	$	138,669	$	138,669	142819
6790	715636	Emergency Planning	$	2,623,192	$	2,623,252	142820
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,100,000	142821
6990	715644	Water Pollution Control Administration	$	220,000	$	220,000	142822
6A10	715645	Environmental Education	$	1,488,260	$	1,488,718	142823
TOTAL SSR State Special Revenue Fund Group			$	140,764,230	$	138,700,461	142824

Clean Ohio Conservation Fund Group	142825

5S10	715607	Clean Ohio - Operating	$	284,083	$	284,124	142826
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,083	$	284,124	142827
TOTAL ALL BUDGET FUND GROUPS			$	187,496,194	$	183,814,494	142828

AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT

142829

On July 1 of each fiscal year, or as soon as possible	142830
thereafter, the Director of Budget and Management may transfer up	142831
to $13,029,952 in cash in fiscal year 2012, and up to $13,242,762	142832
in cash in fiscal year 2013 from the General Revenue Fund to the	142833
Auto Emissions Test Fund (Fund 5BY0) for the operation and	142834
oversight of the auto emissions testing program.	142835

AREAWIDE PLANNING AGENCIES

142836

The Director of Environmental Protection Agency may award	142837
grants from appropriation item 715687, Areawide Planning Agencies,	142838
to areawide planning agencies engaged in areawide water quality	142839
management and planning activities in accordance with Section 208	142840
of the "Federal Clean Water Act," 33 U.S.C. 1288.	142841

CORRECTIVE CASH TRANSFERS

142842

On July 1, 2011, or as soon as possible thereafter, the	142843
Director of Budget and Management shall transfer $376,891.85 in	142844
cash that was mistakenly deposited in the Clean Air Non Title V	142845
Fund (Fund 4K20) to the Clean Air Title V Permit Fund (Fund 4T30).	142846

On July 1, 2011, or as soon as possible thereafter, the	142847
Director of Budget and Management shall transfer $133,026.63 in	142848
cash that was mistakenly deposited in the Scrap Tire Management	142849
Fund (Fund 4R50) to the Site Specific Cleanup Fund (Fund 5410).	142850

Section 281.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

142851

General Revenue Fund	142852

GRF	172321	Operating Expenses	$	580,145	$	545,530	142853
TOTAL GRF General Revenue Fund			$	580,145	$	545,530	142854
TOTAL ALL BUDGET FUND GROUPS			$	580,145	$	545,530	142855

Section 283.10. ETC ETECH OHIO

142857

General Revenue Fund	142858

GRF	935401	Statehouse News Bureau	$	215,561	$	215,561	142859
GRF	935402	Ohio Government Telecommunications Services	$	702,089	$	702,089	142860
GRF	935408	General Operations	$	1,251,789	$	1,254,193	142861
GRF	935409	Technology Operations	$	2,092,432	$	2,091,823	142862
GRF	935410	Content Development, Acquisition, and Distribution	$	2,607,094	$	2,607,094	142863
GRF	935411	Technology Integration and Professional Development	$	4,251,185	$	4,252,671	142864
GRF	935412	Information Technology	$	829,340	$	829,963	142865
TOTAL GRF General Revenue Fund			$	11,949,490	$	11,953,394	142866

General Services Fund Group	142867

4F30	935603	Affiliate Services	$	50,000	$	50,000	142868
4T20	935605	Government Television/Telecommunications Operating	$	25,000	$	25,000	142869
TOTAL GSF General Services Fund Group			$	75,000	$	75,000	142870

State Special Revenue Fund Group	142871

4W90	935630	Telecommunity	$	25,000	$	25,000	142872
4X10	935634	Distance Learning	$	24,150	$	24,150	142873
5D40	935640	Conference/Special Purposes	$	2,100,000	$	2,100,000	142874
5FK0	935608	Media Services	$	637,601	$	637,956	142875
5JU0	935611	Information Technology Services	$	1,455,000	$	1,455,000	142876
5T30	935607	Gates Foundation Grants	$	200,000	$	171,112	142877
TOTAL SSR State Special Revenue Fund Group			$	4,441,751	$	4,413,218	142878
TOTAL ALL BUDGET FUND GROUPS			$	16,466,241	$	16,441,612	142879

Section 283.20. STATEHOUSE NEWS BUREAU

142881

The foregoing appropriation item 935401, Statehouse News	142882
Bureau, shall be used solely to support the operations of the Ohio	142883
Statehouse News Bureau.	142884

OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

142885

The foregoing appropriation item 935402, Ohio Government	142886
Telecommunications Services, shall be used solely to support the	142887
operations of Ohio Government Telecommunications Services which	142888
include providing multimedia support to the state government and	142889
its affiliated organizations and broadcasting the activities of	142890
the legislative, judicial, and executive branches of state	142891
government, among its other functions.	142892

TECHNOLOGY OPERATIONS

142893

The foregoing appropriation item 935409, Technology	142894
Operations, shall be used by eTech Ohio to pay expenses of eTech	142895
Ohio's network infrastructure, which includes the television and	142896
radio transmission infrastructure and infrastructure that shall	142897
link all public K-12 classrooms to each other and to the Internet,	142898
and provide access to voice, video, other communication services,	142899
and data educational resources for students and teachers. The	142900
foregoing appropriation item 935409, Technology Operations, may	142901
also be used to cover student costs for taking advanced placement	142902
courses and courses that the Chancellor of the Board of Regents	142903
has determined to be eligible for postsecondary credit through the	142904
Ohio Learns Gateway. To the extent that funds remain available for	142905
this purpose, public school students taking advanced placement or	142906
postsecondary courses through the OhioLearns Gateway shall be	142907
eligible to receive a fee waiver to cover the cost of	142908
participating in one course. The fee waivers shall be distributed	142909
until the funds appropriated to support the waivers have been	142910
exhausted.	142911

CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

142912

The foregoing appropriation item 935410, Content Development,	142913
Acquisition, and Distribution, shall be used for the development,	142914
acquisition, and distribution of information resources by public	142915
media and radio reading services and for educational use in the	142916
classroom and online.	142917

Of the foregoing appropriation item 935410, Content	142918
Development, Acquisition, and Distribution, up to $658,099 in each	142919
fiscal year shall be allocated equally among the 12 Ohio	142920
educational television stations and used with the advice and	142921
approval of eTech Ohio. Funds shall be used for the production of	142922
interactive instructional programming series with priority given	142923
to resources aligned with state academic content standards in	142924
consultation with the Ohio Department of Education and for	142925
teleconferences to support eTech Ohio. The programming shall be	142926
targeted to the needs of the poorest two hundred school districts	142927
as determined by the district's adjusted valuation per pupil as	142928
defined in former section 3317.0213 of the Revised Code as that	142929
section existed prior to June 30, 2005.	142930

Of the foregoing appropriation item 935410, Content	142931
Development, Acquisition, and Distribution, up to $1,749,283 in	142932
each fiscal year shall be distributed by eTech Ohio to Ohio's	142933
qualified public educational television stations and educational	142934
radio stations to support their operations. The funds shall be	142935
distributed pursuant to an allocation formula used by the Ohio	142936
Educational Telecommunications Network Commission unless a	142937
substitute formula is developed by eTech Ohio in consultation with	142938
Ohio's qualified public educational television stations and	142939
educational radio stations.	142940

Of the foregoing appropriation item 935410, Content	142941
Development, Acquisition, and Distribution, up to $199,712 in each	142942
fiscal year shall be distributed by eTech Ohio to Ohio's qualified	142943
radio reading services to support their operations. The funds	142944
shall be distributed pursuant to an allocation formula used by the	142945
Ohio Educational Telecommunications Network Commission unless a	142946
substitute formula is developed by eTech Ohio in consultation with	142947
Ohio's qualified radio reading services.	142948

Section 283.30. TECHNOLOGY INTEGRATION AND PROFESSIONAL	142949
DEVELOPMENT	142950

The foregoing appropriation item 935411, Technology	142951
Integration and Professional Development, shall be used by eTech	142952
Ohio for the provision of staff development, hardware, software,	142953
telecommunications services, and information resources to support	142954
educational uses of technology in the classroom and at a distance	142955
and for professional development for teachers, administrators, and	142956
technology staff on the use of educational technology in	142957
qualifying public schools, including the State School for the	142958
Blind, the State School for the Deaf, and the Department of Youth	142959
Services.	142960

Of the foregoing appropriation item 935411, Technology	142961
Integration and Professional Development, up to $1,691,701 in each	142962
fiscal year shall be used by eTech Ohio to contract with	142963
educational television to provide Ohio public schools with	142964
instructional resources and services with priority given to	142965
resources and services aligned with state academic content	142966
standards and such resources and services shall be based upon the	142967
advice and approval of eTech Ohio, based on a formula used by the	142968
Ohio SchoolNet Commission unless and until a substitute formula is	142969
developed by eTech Ohio in consultation with Ohio's educational	142970
technology agencies and noncommercial educational television	142971
stations.	142972

Section 283.40. TELECOMMUNITY

142973

The foregoing appropriation item 935630, Telecommunity, shall	142974
be distributed by eTech Ohio on a grant basis to eligible school	142975
districts to establish "distance learning" through interactive	142976
video technologies in the school district. Per agreements with	142977
eight Ohio local telephone companies, ALLTEL Ohio, CENTURY	142978
Telephone of Ohio, Chillicothe Telephone Company, Cincinnati Bell	142979
Telephone Company, Orwell Telephone Company, Sprint North Central	142980
Telephone, VERIZON, and Western Reserve Telephone Company, school	142981
districts are eligible for funds if they are within one of the	142982
listed telephone company service areas. Funds to administer the	142983
program shall be expended by eTech Ohio up to the amount specified	142984
in the agreements with the listed telephone companies.	142985

Within thirty days after the effective date of this section,	142986
the Director of Budget and Management shall transfer to Fund 4W90	142987
in the State Special Revenue Fund Group any investment earnings	142988
from moneys paid by any telephone company as part of any	142989
settlement agreement between the listed companies and the Public	142990
Utilities Commission in fiscal years 1996 and beyond.	142991

DISTANCE LEARNING

142992

The foregoing appropriation item 935634, Distance Learning,	142993
shall be distributed by eTech Ohio on a grant basis to eligible	142994
school districts to establish "distance learning" in the school	142995
district. Per an agreement with Ameritech, school districts are	142996
eligible for funds if they are within an Ameritech service area.	142997
Funds to administer the program shall be expended by eTech Ohio up	142998
to the amount specified in the agreement with Ameritech.	142999

Within thirty days after the effective date of this section,	143000
the Director of Budget and Management shall transfer to Fund 4X10	143001
in the State Special Revenue Fund Group any investment earnings	143002
from moneys paid by any telephone company as part of a settlement	143003
agreement between the company and the Public Utilities Commission	143004
in fiscal year 1995.	143005

GATES FOUNDATION GRANTS

143006

The foregoing appropriation item 935607, Gates Foundation	143007
Grants, shall be used by eTech Ohio to provide professional	143008
development to school district principals, superintendents, and	143009
other administrative staff on the use of education technology.	143010

Section 285.10. ETH OHIO ETHICS COMMISSION

143011

General Revenue Fund	143012

GRF	146321		Operating Expenses		$	1,409,751		$	1,409,751		143013
TOTAL GRF General Revenue Fund					$	1,409,751		$	1,409,751		143014

General Services Fund Group	143015

4M60	146601	Operating Expenses	$	827,393	$	827,393	143016
TOTAL GSF General Services							143017
Fund Group			$	827,393	$	827,393	143018
TOTAL ALL BUDGET FUND GROUPS			$	2,237,144	$	2,237,144	143019

ETHICS COMMISSION CASINO-RELATED ACTIVITIES

143020

On July 1, 2011, or as soon as possible thereafter, an amount	143021
equal to the unexpended and unencumbered balance of appropriation	143022
item 146602, Casino Investigations, at the end of fiscal year 2011	143023
is hereby reappropriated to the same appropriation item for fiscal	143024
year 2012, to be used for the performance of the Ohio Ethics	143025
Commission's casino-related duties.	143026

Section 287.10. EXP OHIO EXPOSITIONS COMMISSION

143027

General Revenue Fund	143028

GRF	723403		Junior Fair Subsidy		$	250,000		$	250,000		143029
TOTAL GRF General Revenue Fund					$	250,000		$	250,000		143030

State Special Revenue Fund Group	143031

4N20	723602	Ohio State Fair Harness Racing	$	400,000	$	400,000	143032
5060	723601	Operating Expenses	$	12,991,000	$	12,894,000	143033
TOTAL SSR State Special Revenue							143034
Fund Group			$	13,391,000	$	13,294,000	143035
TOTAL ALL BUDGET FUND GROUPS			$	13,641,000	$	13,544,000	143036

STATE FAIR RESERVE

143037

The General Manager of the Expositions Commission may submit	143038
a request to the Controlling Board to use available amounts in the	143039
State Fair Reserve Fund (Fund 6400) if the following conditions	143040
apply:	143041

(A) Admissions receipts for the 2011 or 2012 Ohio State Fair	143042
are less than $1,982,000 because of inclement weather or	143043
extraordinary circumstances;	143044

(B) The Ohio Expositions Commission declares a state of	143045
fiscal exigency; and	143046

(C) The request contains a plan describing how the	143047
Expositions Commission will eliminate the cash shortage causing	143048
the request.	143049

The amount approved by the Controlling Board is hereby	143050
appropriated.	143051

Section 289.10. GOV OFFICE OF THE GOVERNOR

143052

General Revenue Fund	143053

GRF	040321		Operating Expenses		$	3,001,806		$	2,851,552		143054
TOTAL GRF General Revenue Fund					$	3,001,806		$	2,851,552		143055

General Services Fund Group	143056

5AK0	040607		Government Relations		$	365,149		$	365,149		143057
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		143058

TOTAL ALL BUDGET FUND GROUPS

3,366,955

3,216,701

143059

GOVERNMENT RELATIONS

143060

A portion of the foregoing appropriation item 040607,	143061
Government Relations, may be used to support Ohio's membership in	143062
national or regional associations.	143063

The Office of the Governor may charge any state agency of the	143064
executive branch using an intrastate transfer voucher such amounts	143065
necessary to defray the costs incurred for the conduct of	143066
governmental relations associated with issues that can be	143067
attributed to the agency. Amounts collected shall be deposited in	143068
the Government Relations Fund (Fund 5AK0).	143069

Section 291.10. DOH DEPARTMENT OF HEALTH

143070

General Revenue Fund	143071

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	143072
GRF	440413	Local Health Department Support	$	2,302,788	$	2,303,061	143073
GRF	440416	Mothers and Children Safety Net Services	$	4,227,842	$	4,228,015	143074
GRF	440418	Immunizations	$	6,430,538	$	8,930,829	143075
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	143076
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	143077
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	143078
GRF	440451	Public Health Laboratory	$	3,654,348	$	3,655,449	143079
GRF	440452	Child and Family Health Services Match	$	630,390	$	630,444	143080
GRF	440453	Health Care Quality Assurance	$	8,170,694	$	8,174,361	143081
GRF	440454	Local Environmental Health	$	1,135,141	$	1,135,362	143082
GRF	440459	Help Me Grow	$	33,673,545	$	33,673,987	143083
GRF	440465	Federally Qualified Health Centers	$	458,688	$	2,686,688	143084
GRF	440467	Access to Dental Care	$	540,484	$	540,484	143085
GRF	440468	Chronic Disease and Injury Prevention	$	2,577,251	$	2,577,251	143086
GRF	440472	Alcohol Testing	$	550,000	$	1,100,000	143087
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	143088
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	143089
TOTAL GRF General Revenue Fund			$	80,612,432	$	85,896,654	143090

State Highway Safety Fund Group	143091

4T40	440603	Child Highway Safety	$	233,894	$	233,894	143092
TOTAL HSF State Highway Safety							143093
Fund Group			$	233,894	$	233,894	143094

General Services Fund Group	143095

1420	440646	Agency Health Services	$	8,825,788	$	8,826,146	143096
2110	440613	Central Support Indirect Costs	$	28,900,000	$	29,000,000	143097
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	143098
5HB0	440470	Breast and Cervical Cancer Screening	$	1,000,000	$	0	143099
6830	440633	Employee Assistance Program	$	1,100,000	$	1,100,000	143100
6980	440634	Nurse Aide Training	$	99,239	$	99,265	143101
TOTAL GSF General Services							143102
Fund Group			$	44,925,027	$	44,025,411	143103

Federal Special Revenue Fund Group	143104

3200	440601	Maternal Child Health Block Grant	$	27,068,886	$	27,068,886	143105
3870	440602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	143106
3890	440604	Women, Infants, and Children	$	308,672,689	$	308,672,689	143107
3910	440606	Medicaid/Medicare	$	29,625,467	$	29,257,457	143108
3920	440618	Federal Public Health Programs	$	137,976,988	$	137,976,988	143109
TOTAL FED Federal Special Revenue							143110
Fund Group			$	511,170,689	$	510,802,679	143111

State Special Revenue Fund Group	143112

4700	440647	Fee Supported Programs	$	24,503,065	$	24,513,973	143113
4710	440619	Certificate of Need	$	878,145	$	878,433	143114
4770	440627	Medically Handicapped Children Audit	$	3,692,704	$	3,692,703	143115
4D60	440608	Genetics Services	$	3,310,953	$	3,311,039	143116
4F90	440610	Sickle Cell Disease Control	$	1,032,754	$	1,032,824	143117
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	143118
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	143119
4L30	440609	Miscellaneous Expenses	$	3,333,164	$	3,333,164	143120
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	143121
4V60	440641	Save Our Sight	$	2,255,760	$	2,255,789	143122
5B50	440616	Quality, Monitoring, and Inspection	$	878,638	$	878,997	143123
5C00	440615	Alcohol Testing and Permit	$	551,018	$	0	143124
5CN0	440645	Choose Life	$	75,000	$	75,000	143125
5D60	440620	Second Chance Trust	$	1,151,815	$	1,151,902	143126
5ED0	440651	Smoke Free Indoor Air	$	190,452	$	190,452	143127
5G40	440639	Adoption Services	$	20,000	$	20,000	143128
5L10	440623	Nursing Facility Technical Assistance Program	$	687,500	$	687,528	143129
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	143130
6100	440626	Radiation Emergency Response	$	930,525	$	930,576	143131
6660	440607	Medically Handicapped Children - County Assessments	$	19,738,286	$	19,739,617	143132
TOTAL SSR State Special Revenue							143133
Fund Group			$	63,856,649	$	63,318,867	143134

Holding Account Redistribution Fund Group	143135

R014	440631	Vital Statistics	$	44,986	$	44,986	143136
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	143137
TOTAL 090 Holding Account							143138
Redistribution Fund Group			$	64,986	$	64,986	143139

Tobacco Master Settlement Agreement Fund Group	143140

5BX0	440656	Tobacco Use Prevention	$	1,000,000	$	0	143141
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,000,000	$	0	143142
TOTAL ALL BUDGET FUND GROUPS			$	701,863,677	$	704,342,491	143143

Section 291.20. IMMUNIZATIONS

143145

Of the foregoing appropriation item 440418, Immunizations,	143146
$2,500,000 in fiscal year 2013 shall be used to purchase	143147
pneumococcal conjugate vaccines.	143148

HIV/AIDS PREVENTION/TREATMENT

143149

The foregoing appropriation item 440444, AIDS Prevention and	143150
Treatment, shall be used to assist persons with HIV/AIDS in	143151
acquiring HIV-related medications and to administer educational	143152
prevention initiatives.	143153

PUBLIC HEALTH LABORATORY

143154

A portion of the foregoing appropriation item 440451, Public	143155
Health Laboratory, shall be used for coordination and management	143156
of prevention program operations and the purchase of drugs for	143157
sexually transmitted diseases.	143158

HELP ME GROW

143159

The foregoing appropriation item 440459, Help Me Grow, shall	143160
be used by the Department of Health to implement the Help Me Grow	143161
Program. Funds shall be distributed to counties through contracts,	143162
grants, or subsidies in accordance with section 3701.61 of the	143163
Revised Code. Appropriation item 440459, Help Me Grow, may be used	143164
in conjunction with Early Intervention funding from the Department	143165
of Developmental Disabilities, and in conjunction with other early	143166
childhood funds and services to promote the optimal development of	143167
young children and family-centered programs and services that	143168
acknowledge and support the social, emotional, cognitive,	143169
intellectual, and physical development of children and the vital	143170
role of families in ensuring the well-being and success of	143171
children. The Department of Health shall enter into an interagency	143172
agreement with the Department of Education, Department of	143173
Developmental Disabilities, Department of Job and Family Services,	143174
and Department of Mental Health to ensure that all early childhood	143175
programs and initiatives are coordinated and school linked.	143176

Of the foregoing appropriation item 440459, Help Me Grow, if	143177
a county Family and Children First Council selects home-visiting	143178
programs, the home-visiting program shall only be eligible for	143179
funding if it serves pregnant women, or parents or other primary	143180
caregivers and the parent or other primary caregiver's child or	143181
children under three years of age, through quality programs of	143182
early childhood home visitation and if the home visitations are	143183
performed by nurses, social workers, child development specialists	143184
or other well-trained and competent staff, as demonstrated by	143185
education or training and the provision of ongoing specific	143186
training and supervision in the model of service being delivered.	143187
The home-visiting program also shall be required to have outcome	143188
and research standards that demonstrate ongoing positive outcomes	143189
for children, parents, and other primary caregivers that enhance	143190
child health and development, and conform to a clear consistent	143191
home visitation model that has been in existence for at least	143192
three years. The home visitation model shall be research-based;	143193
grounded in relevant, empirically based knowledge; linked to	143194
program-determined outcomes; associated with a national	143195
organization or institution of higher education that has	143196
comprehensive home visitation program standards that ensure high	143197
quality service delivery and continuous program improvement; and	143198
have demonstrated significant positive outcomes when evaluated	143199
using well-designed and rigorous randomized, controlled, or	143200
quasi-experimental research designs, and the evaluation results	143201
have been published in a peer-reviewed journal.	143202

For fiscal year 2012, the Department of Health shall support	143203
a county's need for a transition period to meet expected service	143204
levels for the Help Me Grow Home Visiting Program and the Part C	143205
Program by distributing funds for home visiting through a subsidy	143206
agreement that allows the county Family and Children First Council	143207
discretion to use a percentage of those funds for Part C services,	143208
so long as the services are provided in accordance with the	143209
"Individuals with Disability Education Act," 118 Stat. 2744	143210
(2004), 20 U.S.C. 1431 et seq. and section 3701.61 of the Revised	143211
Code. The county Family and Children First council may use up to	143212
one hundred per cent of the funds allocated for the first quarter,	143213
with decreasing percentages determined by the Department of Health	143214
for the remaining quarters of fiscal year 2012, for Part C	143215
services.	143216

The foregoing appropriation item 440459, Help Me Grow, may	143217
also be used for the Developmental Autism and Screening Program.	143218

FEDERALLY QUALIFIED HEALTH CENTERS

143219

For fiscal year 2012, any undisbursed funds previously	143220
provided under subsidy agreements between the Department of Health	143221
and the Ohio Association of Community Health Centers, or its	143222
predecessor organization, pursuant to section 183.18 of the	143223
Revised Code, shall be available to federally qualified health	143224
centers in the same manner as those funds in appropriation item	143225
440465, Federally Qualified Health Centers.	143226

TARGETED HEALTH CARE SERVICES OVER 21

143227

The foregoing appropriation item 440507, Targeted Health Care	143228
Services Over 21, shall be used to administer the Cystic Fibrosis	143229
Program and to implement the Hemophilia Insurance Premium Payment	143230
Program.	143231

The foregoing appropriation item 440507, Targeted Health Care	143232
Services Over 21, shall also be used to provide essential	143233
medications and to pay the copayments for drugs approved by the	143234
Department of Health and covered by Medicare Part D that are	143235
dispensed to Bureau for Children with Medical Handicaps (BCMH)	143236
participants for the Cystic Fibrosis Program.	143237

The Department shall expend all of these funds.

143238

GENETICS SERVICES

143239

The foregoing appropriation item 440608, Genetics Services	143240
(Fund 4D60), shall be used by the Department of Health to	143241
administer programs authorized by sections 3701.501 and 3701.502	143242
of the Revised Code. None of these funds shall be used to counsel	143243
or refer for abortion, except in the case of a medical emergency.	143244

MEDICALLY HANDICAPPED CHILDREN AUDIT

143245

The Medically Handicapped Children Audit Fund (Fund 4770)	143246
shall receive revenue from audits of hospitals and recoveries from	143247
third-party payers. Moneys may be expended for payment of audit	143248
settlements and for costs directly related to obtaining recoveries	143249
from third-party payers and for encouraging Medically Handicapped	143250
Children's Program recipients to apply for third-party benefits.	143251
Moneys also may be expended for payments for diagnostic and	143252
treatment services on behalf of medically handicapped children, as	143253
defined in division (A) of section 3701.022 of the Revised Code,	143254
and Ohio residents who are twenty-one or more years of age and who	143255
are suffering from cystic fibrosis or hemophilia. Moneys may also	143256
be expended for administrative expenses incurred in operating the	143257
Medically Handicapped Children's Program.	143258

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	143259
PERMIT FUND	143260

The Director of Budget and Management may transfer up to	143261
$551,018 in cash from the Liquor Control Fund (Fund 7043) to the	143262
Alcohol Testing and Permit Fund (Fund 5C00) in fiscal year 2012 to	143263
meet the operating needs of the Alcohol Testing and Permit	143264
Program.	143265

The Director of Budget and Management may transfer up to	143266
$551,018 in cash in fiscal year 2012 to the Alcohol Testing and	143267
Permit Fund (Fund 5C00) from the Liquor Control Fund (Fund 7043)	143268
created in section 4301.12 of the Revised Code determined by a	143269
transfer schedule set by the Department of Health.	143270

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

143271

The foregoing appropriation item 440607, Medically	143272
Handicapped Children - County Assessments (Fund 6660), shall be	143273
used to make payments under division (E) of section 3701.023 of	143274
the Revised Code.	143275

NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM

143276

On July 1, 2011, or as soon as possible thereafter, the	143277
Director of Budget and Management may transfer, cash from the	143278
Resident Protection Fund (Fund 4E30), which is used by the Ohio	143279
Department of Job and Family Services, to the Nursing Facility	143280
Technical Assistance Program Fund (Fund 5L10), which is used by	143281
the Ohio Department of Health, to be used under section 3721.026	143282
of the Revised Code. The transfers shall be up to $698,595 in each	143283
fiscal year of the biennium.	143284

Section 291.30. EARLY INTERVENTION WORKGROUP

143285

(A) The Department of Health shall convene a workgroup to	143286
develop recommendations for eligibility criteria for early	143287
intervention services to be provided pursuant to Part C of the	143288
"Individuals with Disability Education Act," 118 Stat. 2744	143289
(2004), 20 U.S.C. 1431 et seq. The recommendations shall be based	143290
on available funds and national data related to the identification	143291
of infants and toddlers who have developmental delays or are most	143292
at risk for developmental delays and, in either case, would	143293
benefit from early intervention services.	143294

(B) The workgroup shall be facilitated by the Department and	143295
shall be composed of all of the following members:	143296

(1) A representative from the Department of Developmental	143297
Disabilities;	143298

(2) A representative from the Department of Education;

143299

(3) A representative from the Department of Mental Health;

143300

(4) A representative from the Help Me Grow Advisory Council;

143301

(5) A parent member of the Help Me Grow Advisory Council;

143302

(6) A representative from the Ohio Family and Children First	143303
Cabinet Council;	143304

(7) A representative from the Ohio Family and Children First	143305
Association;	143306

(8) A county Help Me Grow project director;

143307

(9) A representative from the Ohio Council of Behavioral	143308
Health and Family Services Providers;	143309

(10) A representative from the Ohio Association for Infant	143310
Mental Health;	143311

(11) A representative from the Ohio Association of County	143312
Boards of Developmental Disabilities;	143313

(12) A representative from the Ohio Superintendents of County	143314
Boards of Developmental Disabilities;	143315

(13) A representative from the Ohio chapter of the American	143316
Academy of Pediatrics;	143317

(14) A public health nurse from a board of health of a city	143318
or general health district, or an authority having the duties of a	143319
board of health;	143320

(15) A representative from the Department of Job and Family	143321
Services;	143322

(16) The executive director of the Ohio Developmental	143323
Disabilities Council or the director's designee;	143324

(17) A representative of the County Commissioners Association	143325
of Ohio.	143326

(C) The Department shall convene the workgroup not later than	143327
July 15, 2011. The workgroup shall present to the Director of	143328
Health its recommendations for eligibility criteria for Part C	143329
early intervention services not later than October 1, 2011. After	143330
the recommendations are submitted, the Director may accept the	143331
recommendations in whole or in part and implement eligibility	143332
criteria accordingly.	143333

Section 291.40. CERTIFICATE OF NEED FOR NEW NURSING HOME

143334

(A) As used in this section:

143335

"Nursing home" and "residential care facility" have the same	143336
meanings as in section 3721.01 of the Revised Code.	143337

"Population" means that shown by the 2000 regular federal	143338
census.	143339

(B) The Director of Health shall accept, for review under	143340
section 3702.52 of the Revised Code, a certificate of need	143341
application for the establishment, development, and construction	143342
of a new nursing home if all of the following conditions are met:	143343

(1) The application is submitted to the Director not later	143344
than one hundred eighty days after the effective date of this	143345
section.	143346

(2) The new nursing home is to be located in a county that	143347
has a population of at least thirty thousand persons and not more	143348
than forty-one thousand persons.	143349

(3) The new nursing home is to be located on a campus that	143350
has been in operation for at least twelve years and both of the	143351
following are also located on the campus on the effective date of	143352
this section:	143353

(a) At least one existing residential care facility with at	143354
least twenty-five residents;	143355

(b) At least one existing independent living dwelling for	143356
seniors with at least seventy-five residents.	143357

(4) The new nursing home is to have not more than thirty beds	143358
to which both of the following apply:	143359

(a) All of the beds are to be transferred from an existing	143360
nursing home in the state.	143361

(b) All of the beds are proposed to be licensed as nursing	143362
home beds under Chapter 3721. of the Revised Code.	143363

(C) In reviewing certificate of need applications accepted	143364
under this section, the Director shall neither deny an application	143365
on the grounds that the new nursing home is to have less than	143366
fifty beds nor require an applicant to obtain a waiver of the	143367
minimum fifty-bed requirement established by division (I) of rule	143368
3701-12-23 of the Administrative Code.	143369

Section 291.50. EXEMPTION FROM CERTIFICATE OF NEED	143370
REQUIREMENT	143371

(A) As used in this section:

143372

"2010 bed need determination" means the determination of each	143373
county's bed need that the Director of Health made in calendar	143374
year 2010.	143375

"Bed need" means the number of long-term care beds that a	143376
county needs as determined by the Director of Health pursuant to	143377
division (B)(3) of section 3702.593 of the Revised Code.	143378

"Bed need excess" means that a county's bed need is such that	143379
one or more long-term care beds could be relocated from the county	143380
according to the 2010 bed need determination and regardless of any	143381
subsequent bed need determination.	143382

"Bed need shortage" means that a county's bed need is such	143383
that one or more long-term care beds could be relocated into the	143384
county according to the 2010 bed need determination and regardless	143385
of any subsequent bed need determination.	143386

"Bed need shortage quantity" means the number of long-term	143387
care beds that could be relocated into a county with a bed need	143388
shortage according to the 2010 bed need determination and	143389
regardless of any subsequent bed need determination.	143390

"Existing bed" means a county home bed that is used, or	143391
available for use, for skilled nursing care by a resident of the	143392
county home on the effective date of this section.	143393

"Skilled nursing care" has the same meaning as in section	143394
3721.01 of the Revised Code.	143395

(B) Notwithstanding sections 3702.51 to 3702.62 of the	143396
Revised Code and until January 1, 2014, a county home is not	143397
required to obtain a certificate of need to obtain Medicare or	143398
Medicaid certification for one or more of the county home's	143399
existing beds if all of the following apply:	143400

(1) The county home is located in a county that has a bed	143401
need shortage.	143402

(2) No county that borders the county in which the county	143403
home is located has a bed need excess or bed need shortage.	143404

(3) The number of the county home's existing beds for which	143405
Medicare or Medicaid certification is sought does not exceed the	143406
bed need shortage quantity of the county in which the county home	143407
is located and the county home obtains Medicare or Medicaid	143408
certification for those existing beds not later than December 31,	143409
2013.	143410

Section 293.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

143411

Agency Fund Group	143412

4610	372601	Operating Expenses	$	12,500	$	12,500	143413
TOTAL AGY Agency Fund Group			$	12,500	$	12,500	143414
TOTAL ALL BUDGET FUND GROUPS			$	12,500	$	12,500	143415

Section 295.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

143417

General Revenue Fund	143418

GRF	148100	Personal Services	$	230,000	$	230,000	143419
GRF	148200	Maintenance	$	50,000	$	50,000	143420
GRF	148402	Community Projects	$	37,005	$	44,922	143421
TOTAL GRF General Revenue Fund			$	317,005	$	324,922	143422

General Services Fund Group	143423

6010	148602	Gifts and Miscellaneous	$	4,558	$	4,558	143424
TOTAL GSF General Services							143425
Fund Group			$	4,558	$	4,558	143426
TOTAL ALL BUDGET FUND GROUPS			$	321,563	$	329,480	143427

Section 297.10. OHS OHIO HISTORICAL SOCIETY

143429

General Revenue Fund	143430

GRF	360501	Education and Collections	$	2,368,997	$	2,368,997	143431
GRF	360502	Site and Museum Operations	$	3,926,288	$	3,926,288	143432
GRF	360504	Ohio Preservation Office	$	290,000	$	290,000	143433
GRF	360505	National Afro-American Museum	$	414,798	$	414,798	143434
GRF	360506	Hayes Presidential Center	$	281,043	$	281,043	143435
GRF	360508	State Historical Grants	$	390,570	$	390,570	143436
GRF	360509	Outreach and Partnership	$	90,395	$	90,395	143437
TOTAL GRF General Revenue Fund			$	7,762,091	$	7,762,091	143438
TOTAL ALL BUDGET FUND GROUPS			$	7,762,091	$	7,762,091	143439

SUBSIDY APPROPRIATION

143440

Upon approval by the Director of Budget and Management, the	143441
foregoing appropriation items shall be released to the Ohio	143442
Historical Society in quarterly amounts that in total do not	143443
exceed the annual appropriations. The funds and fiscal records of	143444
the society for fiscal year 2012 and fiscal year 2013 shall be	143445
examined by independent certified public accountants approved by	143446
the Auditor of State, and a copy of the audited financial	143447
statements shall be filed with the Office of Budget and	143448
Management. The society shall prepare and submit to the Office of	143449
Budget and Management the following:	143450

(A) An estimated operating budget for each fiscal year of the	143451
biennium. The operating budget shall be submitted at or near the	143452
beginning of each calendar year.	143453

(B) Financial reports, indicating actual receipts and	143454
expenditures for the fiscal year to date. These reports shall be	143455
filed at least semiannually during the fiscal biennium.	143456

The foregoing appropriations shall be considered to be the	143457
contractual consideration provided by the state to support the	143458
state's offer to contract with the Ohio Historical Society under	143459
section 149.30 of the Revised Code.	143460

HAYES PRESIDENTIAL CENTER

143461

If a United States government agency, including, but not	143462
limited to, the National Park Service, chooses to take over the	143463
operations or maintenance of the Hayes Presidential Center, in	143464
whole or in part, the Ohio Historical Society shall make	143465
arrangements with the National Park Service or other United States	143466
government agency for the efficient transfer of operations or	143467
maintenance.	143468

STATE HISTORICAL GRANTS

143469

Of the foregoing appropriation item 360508, State Historical	143470
Grants, $195,285 in each fiscal year shall be granted to the	143471
Cincinnati Museum Center, and $195,285 in each fiscal year shall	143472
be granted to the Western Reserve Historical Society.	143473

Section 299.10. REP OHIO HOUSE OF REPRESENTATIVES

143474

General Revenue Fund	143475

GRF	025321		Operating Expenses		$	18,517,093		$	18,517,093		143476
TOTAL GRF General Revenue Fund					$	18,517,093		$	18,517,093		143477

General Services Fund Group	143478

1030	025601	House Reimbursement	$	1,433,664	$	1,433,664	143479
4A40	025602	Miscellaneous Sales	$	37,849	$	37,849	143480
TOTAL GSF General Services							143481
Fund Group			$	1,471,513	$	1,471,513	143482
TOTAL ALL BUDGET FUND GROUPS			$	19,988,606	$	19,988,606	143483

OPERATING EXPENSES

143484

On July 1, 2011, or as soon as possible thereafter, the Clerk	143485
of the House of Representatives may certify to the Director of	143486
Budget and Management the amount of the unexpended, unencumbered	143487
balance of the foregoing appropriation item 025321, Operating	143488
Expenses, at the end of fiscal year 2011 to be reappropriated to	143489
fiscal year 2012. The amount certified is hereby reappropriated to	143490
the same appropriation item for fiscal year 2012.	143491

On July 1, 2012, or as soon as possible thereafter, the Clerk	143492
of the House of Representatives may certify to the Director of	143493
Budget and Management the amount of the unexpended, unencumbered	143494
balance of the foregoing appropriation item 025321, Operating	143495
Expenses, at the end of fiscal year 2012 to be reappropriated to	143496
fiscal year 2013. The amount certified is hereby reappropriated to	143497
the same appropriation item for fiscal year 2013.	143498

Section 303.10. HFA OHIO HOUSING FINANCE AGENCY

143499

Agency Fund Group	143500

5AZ0	997601	Housing Finance Agency Personal Services	$	9,800,000	$	9,800,000	143501
TOTAL AGY Agency Fund Group			$	9,800,000	$	9,800,000	143502
TOTAL ALL BUDGET FUND GROUPS			$	9,800,000	$	9,800,000	143503

Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL

143505

General Revenue Fund	143506

GRF	965321		Operating Expenses		$	1,124,663		$	1,125,598		143507
TOTAL GRF General Revenue Fund					$	1,124,663		$	1,125,598		143508

General Services Fund Group	143509

5FA0	965603	Deputy Inspector General for ODOT	$	400,000	$	400,000	143510
5FT0	965604	Deputy Inspector General for BWC/OIC	$	425,000	$	425,000	143511
5GI0	965605	Deputy Inspector General for ARRA	$	520,837	$	521,535	143512
TOTAL GSF General Services Fund Group			$	1,345,837	$	1,346,535	143513
TOTAL ALL BUDGET FUND GROUPS			$	2,470,500	$	2,472,133	143514

IGO CASINO-RELATED ACTIVITIES

143515

On July 1, 2011, or as soon as possible thereafter, an amount	143516
equal to the unexpended, unencumbered balance of appropriation	143517
item 965609, Casino Investigations, at the end of fiscal year 2011	143518
is hereby reappropriated to the same appropriation item for fiscal	143519
year 2012, to be used for the performance of the Inspector	143520
General's casino-related duties.	143521

DEPUTY INSPECTOR GENERAL FOR FUNDS RECEIVED THROUGH THE	143522
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009	143523

On July 1, 2011, and on January 1, 2012, or as soon as	143524
possible thereafter, the Director of Budget and Management shall	143525
transfer $225,000 in cash, for each period, from the General	143526
Revenue Fund to the Deputy Inspector General for Funds Received	143527
through the American Recovery and Reinvestment Act of 2009 Fund	143528
(Fund 5GI0), which is created in section 121.53 of the Revised	143529
Code.	143530

On July 1, 2012, and on January 1, 2013, or as soon as	143531
possible thereafter, the Director of Budget and Management shall	143532
transfer $225,000 in cash, for each period, from the General	143533
Revenue Fund to the Deputy Inspector General for Funds Received	143534
through the American Recovery and Reinvestment Act of 2009 Fund	143535
(Fund 5GI0).	143536

Section 307.10. INS DEPARTMENT OF INSURANCE

143537

Federal Special Revenue Fund Group	143538

3EV0	820610	Health Insurance Premium Review	$	1,000,000	$	1,000,000	143539
3EW0	820611	Health Exchange Planning	$	1,000,000	$	1,000,000	143540
3U50	820602	OSHIIP Operating Grant	$	2,270,726	$	2,270,725	143541
TOTAL FED Federal Special							143542
Revenue Fund Group			$	4,270,726	$	4,270,725	143543

State Special Revenue Fund Group	143544

5540	820601	Operating Expenses - OSHIIP	$	190,000	$	180,000	143545
5540	820606	Operating Expenses	$	22,745,538	$	22,288,550	143546
5550	820605	Examination	$	9,065,684	$	8,934,065	143547
TOTAL SSR State Special Revenue							143548
Fund Group			$	32,001,222	$	31,402,615	143549
TOTAL ALL BUDGET FUND GROUPS			$	36,271,948	$	35,673,340	143550

MARKET CONDUCT EXAMINATION

143551

When conducting a market conduct examination of any insurer	143552
doing business in this state, the Superintendent of Insurance may	143553
assess the costs of the examination against the insurer. The	143554
superintendent may enter into consent agreements to impose	143555
administrative assessments or fines for conduct discovered that	143556
may be violations of statutes or rules administered by the	143557
superintendent. All costs, assessments, or fines collected shall	143558
be deposited to the credit of the Department of Insurance	143559
Operating Fund (Fund 5540).	143560

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

143561

The Director of Budget and Management, at the request of the	143562
Superintendent of Insurance, may transfer funds from the	143563
Department of Insurance Operating Fund (Fund 5540), established by	143564
section 3901.021 of the Revised Code, to the Superintendent's	143565
Examination Fund (Fund 5550), established by section 3901.071 of	143566
the Revised Code, only for expenses incurred in examining domestic	143567
fraternal benefit societies as required by section 3921.28 of the	143568
Revised Code.	143569

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

143570

Not later than the thirty-first day of July each fiscal year,	143571
the Director of Budget and Management shall transfer $5,000,000	143572
from the Department of Insurance Operating Fund (Fund 5540) to the	143573
General Revenue Fund.	143574

Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

143575

General Revenue Fund	143576

GRF	600321	Support Services					143577
		State	$	34,801,760	$	31,932,117	143578
		Federal	$	9,322,222	$	9,207,441	143579
		Support Services Total	$	44,123,982	$	41,139,558	143580
GRF	600410	TANF State	$	151,386,934	$	151,386,934	143581
GRF	600413	Child Care Match/Maintenance of Effort	$	84,732,730	$	84,732,730	143582
GRF	600416	Computer Projects					143583
		State	$	67,955,340	$	69,263,506	143584
		Federal	$	13,105,167	$	12,937,222	143585
		Computer Projects Total	$	81,060,507	$	82,200,728	143586
GRF	600417	Medicaid Provider Audits	$	1,312,992	$	1,312,992	143587
GRF	600420	Child Support Administration	$	6,163,534	$	6,065,588	143588
GRF	600421	Office of Family Stability	$	3,768,929	$	3,757,493	143589
GRF	600423	Office of Children and Families	$	5,123,406	$	4,978,756	143590
GRF	600425	Office of Ohio Health Plans					143591
		State	$	13,149,582	$	15,740,987	143592
		Federal	$	12,556,921	$	12,286,234	143593
		Office of Ohio Health Plans Total	$	25,706,503	$	28,027,221	143594
GRF	600502	Administration - Local	$	23,814,103	$	23,814,103	143595
GRF	600511	Disability Financial Assistance	$	26,599,666	$	27,108,734	143596
GRF	600521	Entitlement Administration - Local	$	72,200,721	$	72,200,721	143597
GRF	600523	Children and Families Services	$	53,105,323	$	53,105,323	143598
GRF	600525	Health Care/Medicaid					143599
		State	$	4,297,729,447	$	4,671,583,382	143600
		Federal	$	7,507,443,548	$	8,404,313,207	143601
		Health Care Total	$	11,805,172,995	$	13,075,896,589	143602
GRF	600526	Medicare Part D	$	275,154,963	$	300,140,824	143603
GRF	600528	Adoption Services					143604
		State	$	29,257,932	$	29,257,932	143605
		Federal	$	41,085,169	$	41,085,169	143606
		Adoption Services Total	$	70,343,101	$	70,343,101	143607
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	143608
GRF	600534	Adult Protective Services	$	366,003	$	366,003	143609
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	143610
GRF	600537	Children's Hospital	$	6,000,000	$	6,000,000	143611
GRF	600540	Second Harvest Food Banks	$	4,000,000	$	4,000,000	143612
GRF	600541	Kinship Permanency Incentive Program	$	2,500,000	$	3,500,000	143613
TOTAL GRF General Revenue Fund							143614
		State	$	5,296,219,839	$	5,697,344,599	143615
		Federal	$	7,583,513,027	$	8,479,829,273	143616
		GRF Total	$	12,879,732,866	$	14,177,173,872	143617

General Services Fund Group	143618

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	143619
5C90	600671	Medicaid Program Support	$	85,800,878	$	82,839,266	143620
5DL0	600639	Medicaid Revenue and Collections	$	89,256,974	$	84,156,974	143621
5DM0	600633	Administration & Operating	$	20,392,173	$	19,858,928	143622
5FX0	600638	Medicaid Payment Withholding	$	5,000,000	$	6,000,000	143623
5HL0	600602	State and County Shared services	$	3,020,000	$	3,020,000	143624
5P50	600692	Prescription Drug Rebate - State	$	220,600,000	$	242,600,000	143625
6130	600645	Training Activities	$	500,000	$	500,000	143626
TOTAL GSF General Services							143627
Fund Group			$	458,570,025	$	472,975,168	143628

Federal Special Revenue Fund Group	143629

3270	600606	Child Welfare	$	29,769,865	$	29,769,866	143630
3310	600686	Federal Operating	$	49,128,140	$	48,203,023	143631
3840	600610	Food Assistance and State Administration	$	180,381,394	$	180,381,394	143632
3850	600614	Refugee Services	$	11,582,440	$	12,564,952	143633
3950	600616	Special Activities/Child and Family Services	$	2,259,264	$	2,259,264	143634
3960	600620	Social Services Block Grant	$	64,999,999	$	64,999,998	143635
3970	600626	Child Support	$	255,812,837	$	255,813,528	143636
3980	600627	Adoption Maintenance/ Administration	$	352,183,862	$	352,184,253	143637
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	143638
3AW0	600675	Faith Based Initiatives	$	544,140	$	544,140	143639
3D30	600648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	143640
3ER0	600603	Health Information Technology	$	411,661,286	$	416,395,286	143641
3F00	600623	Health Care Federal	$	2,637,061,505	$	2,720,724,869	143642
3F00	600650	Hospital Care Assurance Match	$	372,784,046	$	380,645,627	143643
3FA0	600680	Ohio Health Care Grants	$	9,405,000	$	20,000,000	143644
3G50	600655	Interagency Reimbursement	$	1,621,305,787	$	1,380,391,478	143645
3H70	600617	Child Care Federal	$	208,290,036	$	204,813,731	143646
3N00	600628	IV-E Foster Care Maintenance	$	133,963,142	$	133,963,142	143647
3S50	600622	Child Support Projects	$	534,050	$	534,050	143648
3V00	600688	Workforce Investment Act	$	176,496,250	$	172,805,562	143649
3V40	600678	Federal Unemployment Programs	$	188,680,096	$	186,723,415	143650
3V40	600679	Unemployment Compensation Review Commission - Federal	$	4,166,988	$	4,068,758	143651
3V60	600689	TANF Block Grant	$	727,968,260	$	727,968,260	143652
TOTAL FED Federal Special Revenue							143653
Fund Group			$	7,446,018,911	$	7,302,795,120	143654

State Special Revenue Fund Group	143655

1980	600647	Children's Trust Fund	$	5,873,637	$	5,873,848	143656
4A90	600607	Unemployment Compensation Administration Fund	$	21,924,998	$	21,424,998	143657
4A90	600694	Unemployment Compensation Review Commission	$	2,173,167	$	2,117,031	143658
4E30	600605	Nursing Home Assessments	$	2,878,320	$	2,878,319	143659
4E70	600604	Child and Family Services Collections	$	400,000	$	400,000	143660
4F10	600609	Children and Family Services Activities	$	683,359	$	683,549	143661
4K10	600621	ICF/MR Bed Assessments	$	41,405,596	$	44,372,874	143662
4Z10	600625	HealthCare Compliance	$	11,551,076	$	14,582,000	143663
5AJ0	600631	Money Follows the Person	$	5,483,080	$	4,733,080	143664
5DB0	600637	Military Injury Grants	$	2,000,000	$	2,000,000	143665
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	143666
5ES0	600630	Food Assistance	$	500,000	$	500,000	143667
5GF0	600656	Medicaid - Hospital	$	436,000,000	$	436,000,000	143668
5KC0	600682	Health Care Special Activities	$	10,000,000	$	10,000,000	143669
5R20	600608	Medicaid-Nursing Facilities	$	402,489,308	$	407,100,746	143670
5S30	600629	MR/DD Medicaid Administration and Oversight	$	9,252,738	$	9,147,791	143671
5U30	600654	Health Care Services Administration	$	24,400,000	$	24,400,000	143672
5U60	600663	Children and Family Support	$	4,000,000	$	4,000,000	143673
6510	600649	Hospital Care Assurance Program Fund	$	212,526,123	$	217,008,050	143674
TOTAL SSR State Special Revenue							143675
Fund Group			$	1,194,041,402	$	1,207,722,286	143676

Agency Fund Group	143677

1920	600646	Support Intercept - Federal	$	130,000,000	$	130,000,000	143678
5830	600642	Support Intercept - State	$	16,000,000	$	16,000,000	143679
5B60	600601	Food Assistance Intercept	$	2,000,000	$	2,000,000	143680
TOTAL AGY Agency Fund Group			$	148,000,000	$	148,000,000	143681

Holding Account Redistribution Fund Group	143682

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	143683
R013	600644	Forgery Collections	$	10,000	$	10,000	143684
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	143685
TOTAL ALL BUDGET FUND GROUPS			$	22,128,573,204	$	23,310,876,446	143686

Section 309.20. SUPPORT SERVICES

143688

Section 309.20.10. ADMINISTRATION AND OPERATING

143689

On July 1, 2011, or as soon as possible thereafter, the	143690
Director of Budget and Management may transfer up to $535,300 cash	143691
from the TANF Quality Control Reinvestments Fund (Fund 5Z90) to	143692
the Administration and Operating Fund (Fund 5DM0). Upon completion	143693
of the transfer, Fund 5Z90 is abolished.	143694

Of the foregoing appropriation item 600633, Administration	143695
and Operating, the Department of Job and Family Services shall use	143696
up to $535,300 to pay for one-time contract expenses.	143697

Section 309.20.20. TRANSFER TO STATE AND COUNTY SHARED	143698
SERVICES FUND	143699

Within thirty days of the effective date of this act, or as	143700
soon as possible thereafter, the Director of Budget and Management	143701
shall transfer the unencumbered cash balance in the County	143702
Technologies Fund (Fund 5N10) to the State and County Shared	143703
Services Fund (Fund 5HL0). The transferred cash is hereby	143704
appropriated.	143705

Section 309.20.30. AGENCY FUND GROUP

143706

The Agency Fund Group and Holding Account Redistribution Fund	143707
Group shall be used to hold revenues until the appropriate fund is	143708
determined or until the revenues are directed to the appropriate	143709
governmental agency other than the Department of Job and Family	143710
Services. If receipts credited to the Support Intercept – Federal	143711
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830),	143712
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit	143713
Settlements Fund (Fund R012), or the Forgery Collections Fund	143714
(Fund R013) exceed the amounts appropriated from the fund, the	143715
Director of Job and Family Services may request the Director of	143716
Budget and Management to authorize expenditures from the fund in	143717
excess of the amounts appropriated. Upon the approval of the	143718
Director of Budget and Management, the additional amounts are	143719
hereby appropriated.	143720

Section 309.30. MEDICAID

143721

Section 309.30.10. HEALTH CARE/MEDICAID

143722

The foregoing appropriation item 600525, Health	143723
Care/Medicaid, shall not be limited by section 131.33 of the	143724
Revised Code.	143725

Section 309.30.15. ODJFS ADMINISTRATION AND OVERSIGHT FUND

143726

Notwithstanding the amendment by this act to section	143727
5123.0412 of the Revised Code, the ODJFS Administration and	143728
Oversight Fund shall continue to exist in the state treasury until	143729
the Department of Job and Family Services expends all of the	143730
foregoing appropriation item 600629, MR/DD Medicaid Administration	143731
and Oversight.	143732

Section 309.30.20. UNIFIED LONG TERM CARE

143733

The foregoing appropriation item 600525, Health	143734
Care/Medicaid, may be used to provide the preadmission screening	143735
and resident review (PASRR), which includes screening,	143736
assessments, and determinations made under sections 5111.204,	143737
5119.061, and 5123.021 of the Revised Code.	143738

The foregoing appropriation item 600525, Health	143739
Care/Medicaid, may be used to assess and provide long-term care	143740
consultations under section 173.42 of the Revised Code to clients	143741
regardless of Medicaid eligibility.	143742

The foregoing appropriation item 600525, Health	143743
Care/Medicaid, may be used to provide nonwaiver funded PASSPORT	143744
and assisted living services to persons who the state department	143745
has determined to be eligible to participate in the nonwaiver	143746
funded PASSPORT and assisted living programs, who applied for but	143747
have not yet been determined to be financially eligible to	143748
participate in the Medicaid waiver component of the PASSPORT Home	143749
Care Program or the Assisted Living Program by a county department	143750
of job and family services, and to persons who are not eligible	143751
for Medicaid but were enrolled in the PASSPORT Program prior to	143752
July 1, 1990.	143753

The foregoing appropriation item 600525, Health	143754
Care/Medicaid, shall be used to provide the required state match	143755
for federal Medicaid funds supporting the Medicaid waiver-funded	143756
PASSPORT Home Care Program, the Choices Program, the Assisted	143757
Living Program, and the PACE Program.	143758

The foregoing appropriation item 600525, Health	143759
Care/Medicaid, shall be used to provide the federal matching share	143760
of program costs determined by the Department of Job and Family	143761
Services to be eligible for Medicaid reimbursement for the	143762
Medicaid waiver-funded PASSPORT Home Care Program, the Choices	143763
Program, the Assisted Living Program, and the PACE Program.	143764

Of the foregoing appropriation item 600525, Health	143765
Care/Medicaid, $27,808,676 in fiscal year 2012 and $55,788,006 in	143766
fiscal year 2013 shall be used to provide supplemental funding to	143767
the Medicaid waiver-funded PASSPORT Home Care Program.	143768

Section 309.30.23. HATTIE LARLHAM COMMUNITY LIVING

143769

Of the foregoing appropriation item 600525, Health	143770
Care/Medicaid, $62,500 in each fiscal year shall be awarded to	143771
Hattie Larlham Community Living.	143772

Section 309.30.30. REDUCTION IN MEDICAID PAYMENT RATES

143773

(A) As used in this section, "charge high trim point" means a	143774
measure used to determine whether a claim for a hospital inpatient	143775
or outpatient service qualifies for a cost outlier payment under	143776
the Medicaid program.	143777

(B) For fiscal year 2012 and fiscal year 2013, the Director	143778
of Job and Family Services shall implement purchasing strategies	143779
and rate reductions for hospital and other Medicaid-covered	143780
services, as determined by the Director, that result in payment	143781
rates for those services being at least two per cent less than the	143782
respective payment rates for fiscal year 2011. In implementing the	143783
purchasing strategies and rate reductions, the Director shall do	143784
the following:	143785

(1) Notwithstanding the section of this act titled	143786
"CONTINUATION OF MEDICAID RATES FOR HOSPITAL INPATIENT AND	143787
OUTPATIENT SERVICES," modernize hospital inpatient and outpatient	143788
reimbursement methodologies by doing the following:	143789

(a) Modifying the inpatient hospital capital reimbursement	143790
methodology;	143791

(b) Establishing new diagnosis-related groups in a	143792
cost-neutral manner;	143793

(c) For hospital discharges that occur during the period	143794
beginning October 1, 2011, and ending January 1, 2012, modifying	143795
charge high trim points, as in effect on January 1, 2011, by a	143796
factor of 13.6%;	143797

(d) For hospital discharges that occur during the period	143798
beginning January 1, 2012, and ending on the effective date of the	143799
first of the new diagnosis-related groups established under	143800
division (B)(1)(b) of this section, modifying charge high trim	143801
points, as in effect on October 1, 2011, by a factor of 9.72%;	143802

(e) Implementing other changes the Director considers	143803
appropriate.	143804

(2) Establish selective contracting and prior authorization	143805
requirements for types of medical assistance the Director	143806
identifies.	143807

(C) The Director shall adopt rules under section 5111.02 and	143808
5111.85 of the Revised Code as necessary to implement this	143809
section.	143810

(D) This section does not apply to nursing facility and	143811
intermediate care facility for the mentally retarded services	143812
provided under the Medicaid program.	143813

Section 309.30.31. FISCAL YEAR 2012 MEDICARE COPAYMENT FOR	143814
DIALYSIS SERVICES PROVIDED TO MEDICAID RECIPIENTS	143815

(A) As used in this section, "dual eligible individual" has	143816
the same meaning as in section 1915(h)(2)(B) of the "Social	143817
Security Act," 124 Stat. 315 (2010), 42 U.S.C. 1396n(h)(2)(B).	143818

(B) In fiscal year 2012, for dialysis services provided to a	143819
dual eligible individual, the Department of Job and Family	143820
Services shall pay under the Medicaid program an amount equal to	143821
the Medicare copayment amount that applies to the service, as that	143822
amount was paid by the Department immediately prior to the	143823
effective date of this section.	143824

Section 309.30.32. FISCAL YEAR 2013 MEDICAID RATE FOR	143825
DIALYSIS SERVICES	143826

Notwithstanding any conflicting provision of section 5111.021	143827
of the Revised Code or any other conflicting provision of the	143828
Revised Code or this act, in fiscal year 2013, the Department of	143829
Job and Family Services may adjust the Medicaid rates that are	143830
paid for dialysis services by an amount sufficient to achieve	143831
aggregate savings of not more than $9 million in state share	143832
expenditures under the Medicaid program.	143833

Section 309.30.33. HOSPITAL INPATIENT AND OUTPATIENT	143834
SUPPLEMENTAL UPPER PAYMENT LIMIT PROGRAM; MEDICAID MANAGED CARE	143835
HOSPITAL INCENTIVE PAYMENT PROGRAM	143836

(A) As used in this section:

143837

(1) "Hospital" has the same meaning as in section 5112.40 of	143838
the Revised Code.	143839

(2) "Hospital Assessment Fund" means the fund created under	143840
section 5112.45 of the Revised Code.	143841

(3) "Medicaid managed care organization" means an entity	143842
under contract pursuant to section 5111.17 of the Revised Code to	143843
provide or arrange services for Medicaid recipients who are	143844
required or permitted to participate in the Medicaid care	143845
management system.	143846

(B) The Department of Job and Family Services shall submit to	143847
the United States Secretary of Health and Human Services a	143848
Medicaid state plan amendment to do both of the following:	143849

(1) Continue the Hospital Inpatient and Outpatient	143850
Supplemental Upper Payment Limit Program that was established	143851
pursuant to Section 309.30.17 of Am. Sub. H.B. 1 of the 128th	143852
General Assembly, with any modifications necessary to implement	143853
the program as described under division (D) of this section;	143854

(2) Create the Medicaid Managed Care Hospital Incentive	143855
Payment Program, as described under division (E) of this section.	143856

(C) Of the amounts deposited into the Hospital Assessment	143857
Fund in fiscal year 2012 and fiscal year 2013:	143858

(1) Up to $432,432,725 (state and federal) in fiscal year	143859
2012 and up to $415,162,388 (state and federal) in fiscal year	143860
2013 shall be used for the Hospital Inpatient and Outpatient	143861
Supplemental Upper Payment Limit Program;	143862

(2) Up to $162,000,000 (state and federal) in each fiscal	143863
year shall be used for the Medicaid Managed Care Hospital	143864
Incentive Payment Program;	143865

(3) Up to $176,021,111 (state and federal) in fiscal year	143866
2012 and up to $195,158,394 (state and federal) in fiscal year	143867
2013 shall be used for the program authorized by the section of	143868
this act titled "CONTINUATION OF MEDICAID RATES FOR HOSPITAL	143869
INPATIENT AND OUTPATIENT SERVICES."	143870

(D)(1) If the Medicaid state plan amendment submitted under	143871
division (B)(1) of this section is approved, the Department shall	143872
implement the Hospital Inpatient and Outpatient Supplemental Upper	143873
Payment Limit Program during fiscal year 2012 and fiscal year	143874
2013. Under the Program, subject to division (D)(2) of this	143875
section, supplemental Medicaid payments shall be made to hospitals	143876
for Medicaid-covered inpatient and outpatient services. The	143877
Department shall make the payments through amounts that are made	143878
available for the Program under division (C) of this section and	143879
any federal financial participation available for the Program.	143880

(2) The Department shall take all actions necessary to cease	143881
implementation of the Program if the United States Secretary	143882
determines that the assessment imposed under section 5112.41 of	143883
the Revised Code is an impermissible healthcare-related tax under	143884
section 1903(w) of the "Social Security Act," 105 Stat. 1793	143885
(1991), 42 U.S.C. 1396b(w), as amended.	143886

(E)(1) If the Medicaid state plan amendment submitted under	143887
division (B)(2) of this section is approved, the Department shall	143888
implement the Medicaid Managed Care Hospital Incentive Payment	143889
Program. The purpose of the Program is to increase access to	143890
hospital services for Medicaid recipients who are enrolled in	143891
Medicaid managed care organizations.	143892

Under the Program, subject to division (E)(3) of this	143893
section, funds shall be provided to Medicaid managed care	143894
organizations, which shall use the funds to increase payments to	143895
hospitals for providing services to Medicaid recipients who are	143896
enrolled in the organizations. The Department shall provide the	143897
funds through amounts that are made available for the Program	143898
under division (C) of this section and any federal financial	143899
participation available for the Program.	143900

(2) Not later than July 1, 2012, the Department shall select	143901
an actuary to conduct a study of the contracted reimbursement	143902
rates between Medicaid managed care organizations and hospitals.	143903
The actuary shall determine if a reduction in the capitation rates	143904
paid to Medicaid managed care organizations in fiscal year 2013 is	143905
appropriate as a result of the contracted reimbursement rates	143906
between the organizations and hospitals. The actuary shall notify	143907
the Department of its determination.	143908

If the actuary determines that a reduction in the capitation	143909
rates paid to Medicaid managed care organizations in fiscal year	143910
2013 will not achieve $22 million in state savings in fiscal year	143911
2013, the state shall receive the difference between what the	143912
actuary determines the state will save and $22 million. The	143913
Department, in consultation with the Ohio Association of Health	143914
Plans and the Ohio Hospital Association, shall establish a	143915
methodology under which the difference is paid equally by Medicaid	143916
managed care organizations and hospitals in this state.	143917

Notwithstanding anything to the contrary specified in	143918
division (E)(3)(b) or (c) of this section, the Medicaid managed	143919
care organizations and hospitals shall pay the amounts determined	143920
under the methodology, unless the Department waives the	143921
requirement to make the payments. The requirement may be waived if	143922
spending for the Medicaid program in fiscal year 2013 is less than	143923
the amount that is budgeted for that fiscal year. If payments are	143924
made, the amount received by the Department shall be deposited	143925
into the state treasury to the credit of the Health Care	143926
Compliance Fund created under section 5111.171 of the Revised	143927
Code.	143928

(3)(a) The Department shall not provide funds to Medicaid	143929
managed care organizations under the Program unless an actuary	143930
selected by the Department certifies that the Program would not	143931
violate the actuarial soundness of the capitation rates paid to	143932
Medicaid managed care organizations.	143933

(b) The Department shall not implement the Program in a	143934
manner that causes a hospital to receive less money from the	143935
Hospital Assessment Fund than the hospital would have received if	143936
the Program were not implemented.	143937

(c) The Department shall not implement the Program in a	143938
manner that causes a Medicaid managed care organization to receive	143939
a lower capitation payment rate solely because funds are made	143940
available to the organization under the Program.	143941

(d) The Department shall take all necessary actions to cease	143942
implementation of the Program if the United States Secretary	143943
determines that the assessment imposed under section 5112.41 of	143944
the Revised Code is an impermissible healthcare-related tax under	143945
section 1903(w) of the "Social Security Act," 105 Stat. 1793	143946
(1991), 42 U.S.C. 1396b(w), as amended.	143947

(F) The Director of Budget and Management may authorize	143948
additional expenditures from appropriation item 600623, Health	143949
Care Federal, appropriation item 600525, Health Care/Medicaid, and	143950
appropriation item 600656, Medicaid-Hospital, in order to	143951
implement the programs authorized by this section and to implement	143952
the section of this act titled "CONTINUATION OF MEDICAID RATES FOR	143953
HOSPITAL INPATIENT AND OUTPATIENT SERVICES." Any amounts	143954
authorized are hereby appropriated.	143955

(G) Nothing in this section reduces payments to children's	143956
hospitals authorized under the section of this act titled	143957
"CHILDREN'S HOSPITALS SUPPLEMENTAL FUNDING."	143958

Section 309.30.35. CONTINUATION OF MEDICAID RATES FOR	143959
HOSPITAL INPATIENT AND OUTPATIENT SERVICES	143960

The Director of Job and Family Services shall amend rules	143961
adopted under section 5111.02 of the Revised Code as necessary to	143962
continue, for fiscal year 2012 and fiscal year 2013, the Medicaid	143963
reimbursement rates in effect on June 30, 2011, for	143964
Medicaid-covered hospital inpatient services and hospital	143965
outpatient services that are paid under the prospective payment	143966
system established in those rules.	143967

Section 309.30.38. CHILDREN'S HOSPITALS SUPPLEMENTAL FUNDING

143968

(A) As used in this section, "children's hospital" means a	143969
children's hospital, as defined in section 3702.51 of the Revised	143970
Code, that is located in this state, primarily serves patients	143971
eighteen years of age and younger, is subject to the Medicaid	143972
prospective payment system for hospitals established in rules	143973
adopted under section 5111.02 of the Revised Code, and is excluded	143974
from Medicare prospective payment in accordance with 42 C.F.R.	143975
412.23(d).	143976

(B) For fiscal year 2012 and fiscal year 2013, the Director	143977
of Job and Family Services shall make additional Medicaid payments	143978
to children's hospitals for inpatient services to compensate	143979
children's hospitals for the high percentage of Medicaid	143980
recipients they serve. The additional payments shall be made under	143981
a program modeled after the program the Department of Job and	143982
Family Services was required to create for fiscal year 2006 and	143983
fiscal year 2007 in Section 206.66.79 of Am. Sub. H.B. 66 of the	143984
126th General Assembly. The program may be the same as the program	143985
the Director used for making the payments to children's hospitals	143986
for fiscal year 2010 and fiscal year 2011 under Section 309.30.15	143987
of Am. Sub. H.B. 1 of the 128th General Assembly.	143988

(C) All of the following shall be used to make additional	143989
Medicaid payments to children's hospitals under division (B) of	143990
this section:	143991

(1) Of the foregoing appropriation item 600537, Children's	143992
Hospital, up to $6 million in each fiscal year plus the	143993
corresponding federal match;	143994

(2) Of the amounts deposited into the Hospital Assessment	143995
Fund created under section 5112.45 of the Revised Code, $4.4	143996
million in fiscal year 2012, plus the corresponding federal match,	143997
and $4 million in fiscal year 2013, plus the corresponding federal	143998
match.	143999

Section 309.30.40. MANAGED CARE PERFORMANCE PAYMENT PROGRAM

144000

At the beginning of each quarter, or as soon as possible	144001
thereafter, the Director of Job and Family Services shall certify	144002
to the Director of Budget and Management the amount withheld in	144003
accordance with section 5111.1711 of the Revised Code for purposes	144004
of the Managed Care Performance Payment Program. Upon receiving	144005
certification, the Director of Budget and Management shall	144006
transfer cash in the amount certified from the General Revenue	144007
Fund to the Managed Care Performance Payment Fund. The transferred	144008
cash is hereby appropriated. Appropriation item 600525, Health	144009
Care/Medicaid, is hereby reduced by the amount of the transfer.	144010

Section 309.30.50. COORDINATION OF CARE FOR COVERED FAMILIES	144011
AND CHILDREN PENDING MEDICAID MANAGED CARE ENROLLMENT	144012

(A) As used in this section, "Medicaid managed care" means	144013
the care management system established under section 5111.16 of	144014
the Revised Code.	144015

(B) The departments of Job and Family Services and Health	144016
shall work together on the issue of achieving efficiencies in the	144017
delivery of medical assistance provided under Medicaid to families	144018
and children.	144019

(C) As part of their work under division (B) of this section,	144020
the departments shall develop a proposal for coordinating medical	144021
assistance provided to families and children under Medicaid while	144022
they wait to be enrolled in Medicaid managed care. In developing	144023
the proposal, the departments may do the following:	144024

(1) Conduct research on the status of families and children	144025
waiting to be enrolled in Medicaid managed care, including	144026
research on the reasons for the wait and the utilization of	144027
medical assistance during the waiting period;	144028

(2) Conduct a review of ways to help families and children	144029
receive medical assistance in the most appropriate setting while	144030
they wait to be enrolled in Medicaid managed care;	144031

(3) Develop recommendations for a coordinated, cost-effective	144032
system of helping families and children waiting to be enrolled in	144033
Medicaid managed care find the medical assistance they need during	144034
the waiting period;	144035

(4) For the purpose of reducing the waiting period for	144036
enrollment in Medicaid managed care, develop recommendations for	144037
improving the enrollment processes.	144038

(D) As part of the work that is done under division (B) of	144039
this section, the Department of Job and Family Services may submit	144040
to the United States Secretary of Health and Human Services a	144041
request for a Medicaid state plan amendment to authorize payment	144042
for Medicaid-reimbursable targeted case management services that	144043
are provided in connection with the Help Me Grow Program and for	144044
services provided under the Program. Each quarter during fiscal	144045
year 2012 and fiscal year 2013 following approval of the Medicaid	144046
state plan amendment, the Department of Job and Family Services	144047
shall certify to the Director of Budget and Management the state	144048
and federal share of the amount the Department of Job and Family	144049
Services has expended that quarter for services under this	144050
section. On receipt of each quarterly certification to the	144051
Director of Budget and Management shall decrease appropriation	144052
from appropriation item 440459, Help Me Grow, an amount equal to	144053
the state share of the certified expenditures and increase	144054
appropriation item 600525, Health Care/Medicaid by an equal amount	144055
and adjust the Federal share accordingly. This transfer is not	144056
intended to reduce General Revenue Funds appropriated for the Help	144057
Me Grow Program, but is done solely for the purpose of drawing	144058
down the federal share of Medicaid reimbursement.	144059

Section 309.30.53. MEDICAID MANAGED CARE EXEMPTIONS

144060

(A) Notwithstanding section 5111.16 of the Revised Code, as	144061
amended by this act, the Department of Job and Family Services	144062
shall not include in the care management system established under	144063
that section in fiscal year 2012 or fiscal year 2013 any	144064
individual receiving services through the program for medically	144065
handicapped children established under section 3701.023 of the	144066
Revised Code who has one or more of the following conditions:	144067

(1) Cystic fibrosis;

144068

(2) Hemophilia;

144069

(3) Cancer;

144070

(4) Diabetes;

144071

(5) Cranio-facial anomalies;

144072

(6) Any other condition defined under division (B) of this	144073
section by the Director of Health as life-threatening.	144074

(B) For purposes of this section, the Director of Health	144075
shall adopt rules under Chapter 119. of the Revised Code defining	144076
a life-threatening condition. The Director shall include in the	144077
definition any medical condition that requires maintenance drugs	144078
or interventions that, if the drugs or interventions are absent,	144079
would result in devastating, life-threatening health outcomes.	144080

Section 309.30.60. FISCAL YEAR 2012 MEDICAID REIMBURSEMENT	144081
SYSTEM FOR NURSING FACILITIES	144082

(A) As used in this section:

144083

"Franchise permit fee," "Medicaid days," "nursing facility,"	144084
and "provider" have the same meanings as in section 5111.20 of the	144085
Revised Code.	144086

"Nursing facility services" means nursing facility services	144087
covered by the Medicaid program that a nursing facility provides	144088
to a resident of the nursing facility who is a Medicaid recipient	144089
eligible for Medicaid-covered nursing facility services.	144090

(B) Except as otherwise provided by this section, the	144091
provider of a nursing facility that has a valid Medicaid provider	144092
agreement on June 30, 2011, and a valid Medicaid provider	144093
agreement during fiscal year 2012 shall be paid, for nursing	144094
facility services the nursing facility provides during fiscal year	144095
2012, the rate calculated for the nursing facility under sections	144096
5111.20 to 5111.331 of the Revised Code with the following	144097
adjustments:	144098

(1) The cost per case mix-unit calculated under section	144099
5111.231 of the Revised Code, the rate for ancillary and support	144100
costs calculated under section 5111.24 of the Revised Code, the	144101
rate for tax costs calculated under section 5111.242 of the	144102
Revised Code, and the rate for capital costs calculated under	144103
section 5111.25 of the Revised Code shall each be increased by	144104
five and eight hundredths per cent;	144105

(2) The mean payment used in the calculation of the quality	144106
incentive payment made under section 5111.244 of the Revised Code	144107
shall be, weighted by Medicaid days, fourteen dollars and	144108
forty-one cents per Medicaid day.	144109

(C) If the franchise permit fee must be reduced or eliminated	144110
to comply with federal law, the Department of Job and Family	144111
Services shall reduce the amount it pays providers of nursing	144112
facility services under this section as necessary to reflect the	144113
loss to the state of the revenue and federal financial	144114
participation generated from the franchise permit fee.	144115

(D) The Department of Job and Family Services shall follow	144116
this section in determining the rate to be paid to the provider of	144117
a nursing facility that has a valid Medicaid provider agreement on	144118
June 30, 2011, and a valid Medicaid provider agreement during	144119
fiscal year 2012 notwithstanding anything to the contrary in	144120
sections 5111.20 to 5111.331 of the Revised Code.	144121

Section 309.30.70. FISCAL YEAR 2013 MEDICAID REIMBURSEMENT	144122
SYSTEM FOR NURSING FACILITIES	144123

(A) As used in this section:

144124

"Franchise permit fee," "Medicaid days," "nursing facility,"	144125
and "provider" have the same meanings as in section 5111.20 of the	144126
Revised Code.	144127

"Nursing facility services" means nursing facility services	144128
covered by the Medicaid program that a nursing facility provides	144129
to a resident of the nursing facility who is a Medicaid recipient	144130
eligible for Medicaid-covered nursing facility services.	144131

(B) Except as otherwise provided by this section, the	144132
provider of a nursing facility that has a valid Medicaid provider	144133
agreement on June 30, 2012, and a valid Medicaid provider	144134
agreement during fiscal year 2013 shall be paid, for nursing	144135
facility services the nursing facility provides during fiscal year	144136
2013, the rate calculated for the nursing facility under sections	144137
5111.20 to 5111.331 of the Revised Code with the following	144138
adjustments:	144139

(1) The cost per case mix-unit calculated under section	144140
5111.231 of the Revised Code, the rate for ancillary and support	144141
costs calculated under section 5111.24 of the Revised Code, the	144142
rate for tax costs calculated under section 5111.242 of the	144143
Revised Code, and the rate for capital costs calculated under	144144
section 5111.25 of the Revised Code shall each be increased by	144145
five and eight hundredths per cent;	144146

(2) Unless, pursuant to division (D) of section 5111.244 of	144147
the Revised Code, no quality incentive payment is to be made for	144148
fiscal year 2013, the mean payment used in the calculation of the	144149
quality incentive payment made under section 5111.244 of the	144150
Revised Code shall be, weighted by Medicaid days, fourteen dollars	144151
and sixty-three cents per Medicaid day.	144152

(C) If the franchise permit fee must be reduced or eliminated	144153
to comply with federal law, the Department of Job and Family	144154
Services shall reduce the amount it pays providers of nursing	144155
facility services under this section as necessary to reflect the	144156
loss to the state of the revenue and federal financial	144157
participation generated from the franchise permit fee.	144158

(D) The Department of Job and Family Services shall follow	144159
this section in determining the rate to be paid to the provider of	144160
a nursing facility that has a valid Medicaid provider agreement on	144161
June 30, 2012, and a valid Medicaid provider agreement during	144162
fiscal year 2013 notwithstanding anything to the contrary in	144163
sections 5111.20 to 5111.331 of the Revised Code.	144164

Section 309.30.73. NURSING FACILITY CAPACITY COUNCIL

144165

(A) As used in this section, "nursing facility" has the same	144166
meaning as in section 5111.20 of the Revised Code.	144167

(B) There is hereby created the Nursing Facility Capacity	144168
Council. The Council shall consist of the following members, each	144169
of whom shall be appointed not later than sixty days after the	144170
effective date of this section:	144171

(1) One or more members of the Ohio Health Care Association,	144172
appointed by the executive director or chief administrative	144173
officer of the Association;	144174

(2) One or more members of the Ohio Academy of Nursing Homes,	144175
appointed by the executive director or chief administrative	144176
officer of the Academy;	144177

(3) One or more members of LeadingAge Ohio, appointed by the	144178
executive director or chief administrative officer of that	144179
organization;	144180

(4) One or more employees of the Department of Job and Family	144181
Services, appointed by the Director of Job and Family Services;	144182

(5) One or more employees of the Department of Aging,	144183
appointed by the Director of Aging;	144184

(6) One or more employees of the Department of Health,	144185
appointed by the Director of Health;	144186

(7) One or more employees of the Governor's Office of Health	144187
Transformation, appointed by the director of the Office.	144188

Each member of the Council shall serve at the pleasure of the	144189
member's appointing authority. A member shall serve without	144190
compensation, except to the extent that serving on the Council is	144191
considered part of the member's regular duties of employment.	144192

(C)(1) The Council shall examine the current and future	144193
capacity of nursing facilities in Ohio and the configuration of	144194
that capacity.	144195

(2) If excess capacity in nursing facilities is identified	144196
pursuant to the examination conducted under division (C)(1) of	144197
this section, the Council shall determine the potential effects of	144198
the excess capacity and recommend actions the state or private	144199
industry may take to address the excess capacity. For each action	144200
recommended, the Council shall consider and explain the impact of	144201
the action on all of the following:	144202

(a) The excess capacity;

144203

(b) The nursing facilities that would be affected by the	144204
action;	144205

144206

(D) Not later than June 30, 2012, the Council shall submit a	144207
written report of its findings and recommendations to the Governor	144208
and, in accordance with section 101.68 of the Revised Code, the	144209
General Assembly. On submission of the report, the Council shall	144210
cease to exist.	144211

Section 309.30.80. STUDY OF ICF/MR ISSUES

144212

(A) As used in this section:

144213

"Home and community-based services" has the same meaning as	144214
in section 5123.01 of the Revised Code.	144215

"ICF/MR" means an intermediate care facility for the mentally	144216
retarded as defined in section 5111.20 of the Revised Code.	144217

"ICF/MR services" means services covered by the Medicaid	144218
program that an ICF/MR provides to a Medicaid recipient eligible	144219
for the services.	144220

(B) The Departments of Job and Family Services and	144221
Developmental Disabilities shall study issues regarding Medicaid	144222
reimbursement for ICF/MR services. In conducting the study, the	144223
Departments shall examine the following:	144224

(1) Revising the Individual Assessment Form Answer Sheet in a	144225
manner that provides a more accurate assessment of the acuity and	144226
care needs of individuals who need ICF/MR services, especially the	144227
acuity and care needs of such individuals who have intensive	144228
behavioral or medical needs;	144229

(2) Revising the Medicaid reimbursement formula for ICF/MR	144230
services to accomplish the following:	144231

(a) Ensure that reimbursement for capital costs is adequate	144232
for maintaining the capital assets of ICFs/MR in a manner that	144233
promotes the well-being of the residents;	144234

(b) Provide capital incentives for reducing the capacity of	144235
ICFs/MR as necessary to achieve goals regarding the optimal	144236
capacity of ICFs/MR;	144237

(c) Ensure that wages paid individuals who provide direct	144238
care services to ICF/MR residents are sufficient for ICFs/MR to	144239
meet staffing and quality requirements;	144240

(d) Provide incentives for high quality services;

144241

(e) Achieve other goals developed for the purpose of	144242
improving the appropriateness and sufficiency of Medicaid	144243
reimbursements for ICF/MR services.	144244

(C) The Departments shall examine the issue of revising the	144245
Individual Assessment Form Answer Sheet before examining the issue	144246
of revising the Medicaid reimbursement formula for ICF/MR	144247
services. Not later than October 1, 2011, the Departments shall	144248
prepare a report of the study conducted under this section and	144249
submit the report to the Governor and, in accordance with section	144250
101.68 of the Revised Code, the General Assembly.	144251

(D) At the same time that the Departments conduct the study	144252
under this section, they shall work with the Governor's Office of	144253
Health Transformation and persons interested in the issue of	144254
ICF/MR services to develop recommendations regarding the	144255
following:	144256

(1) Goals regarding the ratio of home and community-based	144257
services and ICF/MR services provided under the Medicaid program	144258
that take into account goals regarding the optimal capacity of	144259
ICFs/MR;	144260

(2) The roles and responsibilities of both of the following:

144261

(a) ICFs/MR owned and operated by the Department of	144262
Developmental Disabilities;	144263

(b) Providers of home and community-based services.

144264

(3) Simplifying and eliminating duplicate regulations	144265
regarding ICFs/MR in a manner that lowers the cost of ICF/MR	144266
services.	144267

Section 309.30.90. FISCAL YEAR 2012 MEDICAID REIMBURSEMENT	144268
SYSTEM FOR ICFs/MR	144269

(A) As used in this section:

144270

(1) "Capped per diem rate" means the per diem rate calculated	144271
for an ICF/MR under division (D) of this section.	144272

(2) "Change of operator," "entering operator," and "exiting	144273
operator" have the same meanings as in section 5111.65 of the	144274
Revised Code.	144275

(3) "Franchise permit fee" and "provider" have the same	144276
meanings as in section 5111.20 of the Revised Code.	144277

(4) "ICF/MR" means an intermediate care facility for the	144278
mentally retarded as defined in section 5111.20 of the Revised	144279
Code.	144280

(5) "ICF/MR services" means services covered by the Medicaid	144281
program that an ICF/MR provides to a Medicaid recipient eligible	144282
for the services.	144283

(6) "Imputed indirect care ceiling percentage" means the	144284
percentage above the median desk-reviewed, actual, allowable, per	144285
diem indirect care cost that is imputed for ICFs/MR with eight or	144286
fewer beds in a manner that causes the following percentages to be	144287
the same:	144288

(a) The percentage of ICFs/MR with eight or fewer beds that	144289
have desk-reviewed, actual, allowable, per diem indirect care	144290
costs from calendar year 2010, adjusted for inflation in	144291
accordance with division (C)(5) of this section, that are at or	144292
below the applicable per diem indirect care costs ceiling;	144293

(b) The percentage of ICFs/MR with more than eight beds that	144294
have desk-reviewed, actual, allowable, per diem indirect care	144295
costs from calendar year 2010, adjusted for inflation in	144296
accordance with division (C)(5) of this section, that are at or	144297
below the applicable per diem indirect care costs ceiling.	144298

(7) "Medicaid days" means all days during which a resident	144299
who is a Medicaid recipient occupies a bed in an ICF/MR that is	144300
included in the ICF/MR's Medicaid-certified capacity. Therapeutic	144301
or hospital leave days for which payment is made under section	144302
5111.33 of the Revised Code are considered Medicaid days	144303
proportionate to the percentage of the ICF/MR's per resident per	144304
day rate paid for those days.	144305

(8) "Modified per diem rate" means the per diem rate	144306
calculated for an ICF/MR under division (C) of this section.	144307

(9) "Unmodified per diem rate" means the per diem rate	144308
calculated for an ICF/MR under sections 5111.20 to 5111.331 of the	144309
Revised Code.	144310

(B) This section applies to each provider of an ICF/MR to	144311
which either of the following applies:	144312

(1) The provider has a valid Medicaid provider agreement for	144313
the ICF/MR on June 30, 2011, and a valid Medicaid provider	144314
agreement for the ICF/MR during fiscal year 2012.	144315

(2) The ICF/MR undergoes a change of operator effective July	144316
1, 2011, the exiting operator has a valid Medicaid provider	144317
agreement for the ICF/MR on June 30, 2011, and the entering	144318
operator has a valid Medicaid provider agreement for the ICF/MR	144319
during fiscal year 2012.	144320

(C) An ICF/MR's total modified per diem rate for fiscal year	144321
2012 shall be the ICF/MR's total unmodified per diem rate for that	144322
fiscal year with the following modifications:	144323

(1) In place of the inflation adjustment otherwise made under	144324
section 5111.235 of the Revised Code, the ICF/MR's desk-reviewed,	144325
actual, allowable, per diem other protected costs, excluding the	144326
franchise permit fee, from calendar year 2010 shall be multiplied	144327
by 1.0164.	144328

(2) The ICF/MR's maximum costs per case-mix unit shall be the	144329
following:	144330

(a) In the case of an ICF/MR with more than eight beds, the	144331
maximum established under division (B)(2)(a) of section 5111.23 of	144332
the Revised Code for the ICF/MR's peer group divided by 1.1123;	144333

(b) In the case of an ICF/MR with eight or fewer beds, the	144334
maximum established under division (B)(2)(b) of section 5111.23 of	144335
the Revised Code for the ICF/MR's peer group divided by 1.094.	144336

(3) In place of the inflation adjustment otherwise calculated	144337
under division (B)(3) of section 5111.23 of the Revised Code for	144338
the purpose of division (C)(2) of that section, an inflation	144339
adjustment of 1.0164 shall be used.	144340

(4) The maximum rate for indirect care costs for the ICF/MR's	144341
peer group shall be the following:	144342

(a) In the case of an ICF/MR with more than eight beds and	144343
subject to division (C)(5) of this section, the maximum	144344
established for the peer group under division (B)(1)(a) of section	144345
5111.241 of the Revised Code divided by 1.0843;	144346

(b) In the case of an ICF/MR with eight or fewer beds and	144347
subject to division (C)(5) of this section, the maximum	144348
established for the peer group under division (B)(2)(a) of section	144349
5111.241 of the Revised Code with the following adjustments:	144350

(i) In place of the 10.3 per cent that is otherwise used in	144351
making the calculation under division (B)(2)(a) of section	144352
5111.241 of the Revised Code for the ICF/MR's peer group, the	144353
imputed indirect care ceiling percentage shall be used.	144354

(ii) The amount calculated under division (B)(2)(a) of	144355
section 5111.241 of the Revised Code for the peer group, as	144356
adjusted under division (C)(4)(b)(i) of this section, shall be	144357
divided by 1.07.	144358

(5) In place of the inflation adjustment otherwise calculated	144359
under division (C)(1) of section 5111.241 of the Revised Code for	144360
the purposes of divisions (A)(1), (B)(1)(a), and (B)(2)(a) of that	144361
section, an inflation adjustment of 1.0164 shall be used.	144362

(6) In place of the efficiency incentive otherwise calculated	144363
under division (A)(2) of section 5111.241 of the Revised Code, the	144364
ICF/MR's efficiency incentive for indirect care costs shall be the	144365
following as reduced by 25 per cent:	144366

(a) In the case of an ICF/MR with more than eight beds, 7.1	144367
per cent of the maximum rate established for the ICF/MR's peer	144368
group under division (B)(1)(a) of section 5111.241 of the Revised	144369
Code, as adjusted under divisions (C)(4)(a) and (5) of this	144370
section;	144371

(b) In the case of an ICF/MR with eight or fewer beds, 7 per	144372
cent of the maximum rate established for the ICF/MR's peer group	144373
under division (B)(2)(a) of section 5111.241 of the Revised Code,	144374
as adjusted under divisions (C)(4)(b) and (5) of this section.	144375

(7) The ICF/MR's efficiency incentive for capital costs, as	144376
determined under division (B) of section 5111.251 of the Revised	144377
Code, shall be reduced by 50 per cent.	144378

(D) An ICF/MR's total capped per diem rate for fiscal year	144379
2012 shall be the ICF/MR's total unmodified per diem rate for that	144380
fiscal year reduced by the percentage by which the mean total	144381
unmodified per diem rates for all ICFs/MR in this state for fiscal	144382
year 2012, weighted by May 2011 Medicaid days and calculated as of	144383
July 1, 2011, exceeds $279.81.	144384

(E) Except as otherwise provided by this section, the	144385
provider of an ICF/MR to which this section applies shall be paid,	144386
for ICF/MR services the ICF/MR provides during fiscal year 2012, a	144387
total per diem rate determined as follows:	144388

(1) Add the ICF/MR's total modified per diem rate to the	144389
ICF/MR's total capped per diem rate;	144390

(2) Divide the amount determined under division (E)(1) of	144391
this section by two.	144392

(F) If the mean total per diem rate for all ICFs/MR to which	144393
this section applies, weighted by May 2011 Medicaid days and	144394
determined under division (E) of this section as of July 1, 2011,	144395
is other than $279.81, the Department of Job and Family Services	144396
shall adjust, for fiscal year 2012, the total per diem rate for	144397
each ICF/MR to which this section applies by a percentage that is	144398
equal to the percentage by which the mean total per diem rate is	144399
greater or less than $279.81.	144400

(G) If the United States Centers for Medicare and Medicaid	144401
Services requires that the franchise permit fee be reduced or	144402
eliminated, the Department of Job and Family Services shall reduce	144403
the amount it pays providers of ICF/MR services under this section	144404
as necessary to reflect the loss to the state of the revenue and	144405
federal financial participation generated from the franchise	144406
permit fee.	144407

(H) The Department of Job and Family Services shall follow	144408
this section in determining the rate to be paid providers of	144409
ICF/MR services subject to this section notwithstanding anything	144410
to the contrary in sections 5111.20 to 5111.331 of the Revised	144411
Code.	144412

Section 309.33.10. FISCAL YEAR 2013 MEDICAID REIMBURSEMENT	144413
SYSTEM FOR ICFs/MR	144414

(A) As used in this section:

144415

(1) "Change of operator," "entering operator," and "exiting	144416
operator" have the same meanings as in section 5111.65 of the	144417
Revised Code.	144418

(2) "Franchise permit fee" and "provider" have the same	144419
meanings as in section 5111.20 of the Revised Code.	144420

(3) "ICF/MR" means an intermediate care facility for the	144421
mentally retarded as defined in section 5111.20 of the Revised	144422
Code.	144423

(4) "ICF/MR services" means services covered by the Medicaid	144424
program that an ICF/MR provides to a Medicaid recipient eligible	144425
for the services.	144426

(5) "Medicaid days" means all days during which a resident	144427
who is a Medicaid recipient occupies a bed in an ICF/MR that is	144428
included in the ICF/MR's Medicaid-certified capacity. Therapeutic	144429
or hospital leave days for which payment is made under section	144430
5111.33 of the Revised Code are considered Medicaid days	144431
proportionate to the percentage of the ICF/MR's per resident per	144432
day rate paid for those days.	144433

(6) "Modified per diem rate" means the per diem rate	144434
calculated for an ICF/MR under division (C) of this section.	144435

(7) "Overall CPI inflation adjustment" means the amount	144436
determined as follows:	144437

(a) Using the United States Bureau of Labor Statistics'	144438
Consumer Price Index inflation calculator available at	144439
http://www.bls.gov/data/inflation_calculator.htm, determine the	144440
buying power that $100 in calendar year 2010 has in calendar year	144441
2011;	144442

(b) Divide the amount determined under division (A)(7)(a) of	144443
this section by one hundred.	144444

(8) "Unmodified per diem rate" means the per diem rate	144445
calculated for an ICF/MR under sections 5111.20 to 5111.331 of the	144446
Revised Code.	144447

(B) This section applies to each provider of an ICF/MR to	144448
which either of the following applies:	144449

(1) The provider has a valid Medicaid provider agreement for	144450
the ICF/MR on June 30, 2012, and a valid Medicaid provider	144451
agreement for the ICF/MR during fiscal year 2013.	144452

(2) The ICF/MR undergoes a change of operator effective July	144453
1, 2012, the exiting operator has a valid Medicaid provider	144454
agreement for the ICF/MR on June 30, 2012, and the entering	144455
operator has a valid Medicaid provider agreement for the ICF/MR	144456
during fiscal year 2013.	144457

(C) An ICF/MR's total modified per diem rate for fiscal year	144458
2013 shall be the ICF/MR's total unmodified per diem rate for that	144459
fiscal year with the following modifications:	144460

(1) In place of the inflation adjustment otherwise made under	144461
section 5111.235 of the Revised Code, the ICF/MR's desk-reviewed,	144462
actual, allowable, per diem other protected costs, excluding the	144463
franchise permit fee, from calendar year 2011 shall be multiplied	144464
by the overall CPI inflation adjustment.	144465

(2) The ICF/MR's maximum costs per case-mix unit shall be the	144466
following:	144467

(a) In the case of an ICF/MR with more than eight beds, the	144468
maximum established under division (B)(2)(a) of section 5111.23 of	144469
the Revised Code for the ICF/MR's peer group divided by 1.1123;	144470

(b) In the case of an ICF/MR with eight or fewer beds, the	144471
maximum established under division (B)(2)(b) of section 5111.23 of	144472
the Revised Code for the ICF/MR's peer group divided by 1.094.	144473

(3) In place of the inflation adjustment otherwise calculated	144474
under division (B)(3) of section 5111.23 of the Revised Code for	144475
the purpose of division (C)(2) of that section, the overall CPI	144476
inflation adjustment shall be used.	144477

(4) The maximum rate for indirect care costs for the ICF/MR's	144478
peer group shall be the following:	144479

(a) In the case of an ICF/MR with more than eight beds and	144480
subject to division (C)(5) of this section, the maximum	144481
established for the peer group under division (B)(1)(b) of section	144482
5111.241 of the Revised Code divided by 1.0843;	144483

(b) In the case of an ICF/MR with eight or fewer beds and	144484
subject to division (C)(5) of this section, the maximum	144485
established for the peer group under division (B)(2)(b) of section	144486
5111.241 of the Revised Code divided by 1.07.	144487

(5) In place of the inflation adjustment otherwise calculated	144488
under divisions (C)(1) and (2) of section 5111.241 of the Revised	144489
Code for the purposes of divisions (A)(1), (B)(1)(b), and	144490
(B)(2)(b) of that section, the overall CPI inflation adjustment	144491
shall be used.	144492

(6) In place of the efficiency incentive otherwise calculated	144493
under division (A)(2) of section 5111.241 of the Revised Code, the	144494
ICF/MR's efficiency incentive for indirect care costs shall be the	144495
same as its efficiency incentive for indirect care costs for	144496
fiscal year 2012 as determined under division (C)(6) of the	144497
section of this act titled "Fiscal Year 2012 Medicaid	144498
Reimbursement System for ICFs/MR."	144499

(7) The ICF/MR's efficiency incentive for capital costs, as	144500
determined under division (B) of section 5111.251 of the Revised	144501
Code, shall be reduced by 50 per cent.	144502

(D) Except as otherwise provided by this section, the	144503
provider of an ICF/MR to which this section applies shall be paid,	144504
for ICF/MR services the ICF/MR provides during fiscal year 2013,	144505
the ICF/MR's total modified per diem rate.	144506

(E) If the mean total modified per diem rate for all ICFs/MR	144507
to which this section applies, weighted by May 2012 Medicaid days	144508
and determined under division (C) of this section as of July 1,	144509
2012, is other than $280.14, the Department of Job and Family	144510
Services shall adjust, for fiscal year 2013, the modified per diem	144511
rate for each ICF/MR to which this section applies by a percentage	144512
that is equal to the percentage by which the mean total modified	144513
per diem rate is greater or less than $280.14.	144514

(F) If the United States Centers for Medicare and Medicaid	144515
Services requires that the franchise permit fee be reduced or	144516
eliminated, the Department of Job and Family Services shall reduce	144517
the amount it pays providers of ICF/MR services under this section	144518
as necessary to reflect the loss to the state of the revenue and	144519
federal financial participation generated from the franchise	144520
permit fee.	144521

(G) The Department of Job and Family Services shall follow	144522
this section in determining the rate to be paid providers of	144523
ICF/MR services subject to this section notwithstanding anything	144524
to the contrary in sections 5111.20 to 5111.331 of the Revised	144525
Code.	144526

Section 309.33.20. ICF/MR AND WAIVER SERVICES TRANSFERRED TO	144527
DEPARTMENT OF DEVELOPMENTAL DISABILITIES	144528

The Director of Budget and Management shall establish line	144529
items for use by the Department of Developmental Disabilities for	144530
purposes regarding the Department's assumption of powers and	144531
duties under section 5111.226 of the Revised Code regarding the	144532
Medicaid program's coverage of ICF/MR services and, under section	144533
5111.871 of the Revised Code, the Medicaid waiver component known	144534
as the Transitions Developmental Disabilities Waiver. The	144535
Department of Developmental Disabilities shall certify to the	144536
Director of Budget and Management and the Director of Job and	144537
Family Services the appropriation amounts, in fiscal year 2012 and	144538
fiscal year 2013, necessary for the Department of Developmental	144539
Disabilities to fulfill its obligations regarding the new powers	144540
and duties without duplicating administration or services that	144541
remain with the Department of Job and Family Services. The	144542
Department of Job and Family Services shall certify to the	144543
Director of Budget and Management that there is an equal reduction	144544
in the Department of Job and Family Services' administration and	144545
services as is being certified by the Department of Developmental	144546
Disabilities.	144547

Once all certifications required under this section have been	144548
submitted and approved by the Director of Budget and Management,	144549
the appropriation items established under this section are hereby	144550
appropriated in the amounts approved by the Director of Budget and	144551
Management. The appropriations to the Department of Developmental	144552
Disabilities in each fiscal year shall not exceed the aggregate	144553
amount of expenditures that the Department of Job and Family	144554
Services made in fiscal year 2011 for ICF/MR services, services	144555
provided under the Transitions Developmental Disabilities Waiver,	144556
and related administrative costs. Appropriation item 600525,	144557
Health Care/Medicaid, is hereby reduced by the corresponding state	144558
and federal share of the amounts appropriated under this section	144559
to the Department of Developmental Disabilities in each fiscal	144560
year.	144561

Section 309.33.30. ADMINISTRATIVE ISSUES RELATED TO	144562
TERMINATION OF MEDICAID WAIVER PROGRAMS	144563

(A) As used in this section, "ODJFS or ODA Medicaid waiver	144564
component" means the following:	144565

(1) The Medicaid waiver component of the PASSPORT program	144566
created under section 173.40 of the Revised Code;	144567

(2) The Choices program created under section 173.403 of the	144568
Revised Code;	144569

(3) The Ohio Home Care program created under section 5111.861	144570
of the Revised Code;	144571

(4) The Ohio Transitions II Aging Carve-Out program created	144572
under section 5111.863 of the Revised Code;	144573

(5) The Medicaid waiver component of the Assisted Living	144574
program created under section 5111.89 of the Revised Code.	144575

(B) If an ODJFS or ODA Medicaid waiver component is	144576
terminated under section 173.40, 173.403, 5111.861, 5111.863, or	144577
5111.89 of the Revised Code, all of the following apply:	144578

(1) All applicable statutes, and all applicable rules,	144579
standards, guidelines, or orders issued by the Director or	144580
Department of Job and Family Services or Director or Department of	144581
Aging before the component is terminated, shall remain in full	144582
force and effect on and after that date, but solely for purposes	144583
of concluding the component's operations, including fulfilling the	144584
Departments' legal obligations for claims arising from the	144585
component relating to eligibility determinations, covered medical	144586
assistance provided to eligible persons, and recovering erroneous	144587
overpayments.	144588

(2) Notwithstanding the termination of the component, the	144589
right of subrogation for the cost of medical assistance given	144590
under section 5101.58 of the Revised Code to the Department of Job	144591
and Family Services and an assignment of the right to medical	144592
assistance given under section 5101.59 of the Revised Code to the	144593
Department continue to apply with respect to the component and	144594
remain in force to the full extent provided under those sections.	144595

(3) The Departments of Job and Family Services and Aging may	144596
use appropriated funds to satisfy any claims or contingent claims	144597
for medical assistance provided under the component before the	144598
component's termination.	144599

(4) Neither department has liability under the component to	144600
reimburse any provider or other person for claims for medical	144601
assistance rendered under the component after it is terminated.	144602

(C) The Directors of Job and Family Services and Aging may	144603
adopt rules in accordance with Chapter 119. of the Revised Code to	144604
implement this section.	144605

Section 309.33.40. BEACON QUALITY IMPROVEMENT INITIATIVES

144606

Building on the quality improvement work of the Best Evidence	144607
for Advancing Child Health in Ohio Now (BEACON) Council, the	144608
Departments of Health, Mental Health, and Job and Family Services,	144609
in conjunction with the Governor's Office of Health	144610
Transformation, may seek assistance from, and work with, the	144611
BEACON Council and hospitals and other provider groups to identify	144612
specific targets and initiatives to reduce the cost, and improve	144613
the quality, of medical assistance provided under the Medicaid	144614
program to children. At a minimum, the targets and initiatives	144615
shall focus on reducing all of the following:	144616

(A) Avoidable hospitalizations;

144617

(B) Inappropriate emergency room utilization;

144618

144619

(D) The state's rate of premature births;

144620

(E) The state's rate of elective, preterm births.

144621

If the Departments of Health, Mental Health, and Job and	144622
Family Services identify initiatives under this section, they	144623
shall make the initiatives available on their internet web sites.	144624
The Departments shall also make a list of hospitals and other	144625
provider groups involved in the initiatives available on their	144626
internet web sites.	144627

Section 309.33.50. EXPANSION AND EVALUATION OF PACE PROGRAM

144628

(A) In order to effectively administer and manage growth	144629
within the PACE Program, the Director of Aging, in consultation	144630
with the Director of Job and Family Services, may expand the PACE	144631
Program to regions of the state beyond those currently served by	144632
the PACE Program if all of the following apply:	144633

(1) Funding is available for the expansion.

144634

(2) The Directors of Aging and Job and Family Services	144635
mutually determine, taking into consideration the results of the	144636
evaluation conducted under division (B) of this section, that the	144637
PACE Program is a cost effective alternative to nursing home care.	144638

(3) The United States Centers for Medicare and Medicaid	144639
Services agrees to share with the state any savings to the	144640
Medicare program resulting from an expansion of the PACE Program.	144641

(B) The Director of Aging shall contract with Miami	144642
University's Scripps Gerontology Center for an evaluation of the	144643
PACE program.	144644

(C) If the PACE Program is expanded, the Director of Aging	144645
may not decrease the number of individuals in Cuyahoga and	144646
Hamilton counties and parts of Butler, Clermont, and Warren	144647
counties who are participants in the PACE Program below the number	144648
of individuals in those counties and parts of counties who were	144649
participants in the PACE Program on July 1, 2011.	144650

Section 309.33.60. REPEAL OF THE CHILDREN'S BUY-IN PROGRAM

144651

(A) Notwithstanding sections 5101.5211 to 5101.5216 of the	144652
Revised Code and all references in the Revised Code to those	144653
sections or the Children's Buy-In Program, no person may enroll in	144654
the Program on or after the effective date of this section.	144655

Notwithstanding this act's repeal on October 1, 2011, of the	144656
statutes under which the Program is operated, persons enrolled in	144657
the Program immediately prior to that date may continue to receive	144658
services under the Program, as if those statutes were not	144659
repealed. Such persons may receive the services through December	144660
31, 2011, as long as they remain eligible for the Program.	144661

(B) Commencing on the effective date of this section, the	144662
Director of Job and Family Services shall take steps as necessary	144663
to transition persons enrolled in the Program to other health	144664
coverage options and otherwise conclude Program operations.	144665

All Program-related rules, standards, guidelines, or orders	144666
issued by the Director or Department of Job and Family Services	144667
prior to October 1, 2011, shall remain in full force and effect on	144668
and after that date, but solely for purposes of concluding the	144669
Program's operations. Such purposes include permitting eligible	144670
persons to receive services under the Program through December 31,	144671
2011, as authorized by this section, and fulfilling the	144672
Department's legal obligations for claims arising from the Program	144673
relating to eligibility determinations, covered medical services	144674
rendered to eligible persons, and recovering erroneous	144675
overpayments.	144676

(C) Notwithstanding this act's repeal of the statutes	144677
authorizing the Program, the right of subrogation for the cost of	144678
medical services and care given under section 5101.58 of the	144679
Revised Code to the Department and an assignment of the right to	144680
medical support given under section 5101.59 of the Revised Code to	144681
the Department continue to apply with respect to the Program and	144682
remain in force to the full extent provided under those sections.	144683

(D) The Department may use appropriated funds to satisfy any	144684
claims or contingent claims for services rendered to Program	144685
participants prior to October 1, 2011, and to eligible persons who	144686
receive services under the Program through December 31, 2011, as	144687
authorized by this section. The Department has no liability under	144688
the Program to reimburse any provider or other person for claims	144689
for services rendered on or after January 1, 2012.	144690

(E) The Department may adopt rules in accordance with section	144691
111.15 of the Revised Code to implement this section.	144692

Section 309.33.70. CONTINUATION OF DISPENSING FEE FOR	144693
NONCOMPOUNDED DRUGS	144694

The Medicaid dispensing fee for each noncompounded drug	144695
covered by the Medicaid program shall be $1.80 for the period	144696
beginning July 1, 2011, and ending on the effective date of a	144697
rule, or an amendment to a rule, changing the amount of the fee	144698
that the Director of Job and Family Services adopts or amends	144699
under section 5111.02 of the Revised Code.	144700

Section 309.33.80. MONEY FOLLOWS THE PERSON ENHANCED	144701
REIMBURSEMENT FUND	144702

The Money Follows the Person Enhanced Reimbursement Fund,	144703
created by Section 751.20 of Am. Sub. H.B. 562 of the 127th	144704
General Assembly, shall continue to exist in the state treasury	144705
for fiscal year 2012 and fiscal year 2013. The federal payments	144706
made to the state under subsection (e) of section 6071 of the	144707
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended,	144708
shall be deposited into the fund. The Department of Job and Family	144709
Services shall continue to use money deposited into the fund for	144710
system reform activities related to the Money Follows the Person	144711
demonstration project.	144712

Section 309.33.90. MEDICARE PART D

144713

The foregoing appropriation item 600526, Medicare Part D, may	144714
be used by the Department of Job and Family Services for the	144715
implementation and operation of the Medicare Part D requirements	144716
contained in the "Medicare Prescription Drug, Improvement, and	144717
Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon	144718
the request of the Department of Job and Family Services, the	144719
Director of Budget and Management may transfer the state share of	144720
appropriations between appropriation item 600525, Health	144721
Care/Medicaid, or appropriation item 600526, Medicare Part D. If	144722
the state share of appropriation item 600525, Health	144723
Care/Medicaid, is adjusted, the Director of Budget and Management	144724
shall adjust the federal share accordingly. The Department of Job	144725
and Family Services shall provide notification to the Controlling	144726
Board of any transfers at the next scheduled Controlling Board	144727
meeting.	144728

Section 309.35.10. REBALANCING LONG-TERM CARE

144729

(A) As used in this section:

144730

"Balancing Incentive Payments Program" means the program	144731
established under section 10202 of the Patient Protection and	144732
Affordable Care Act.	144733

"Long-term services and supports" has the same meaning as in	144734
section 10202(f)(1) of the Patient Protection and Affordable Care	144735
Act.	144736

"Non-institutionally-based long-term services and supports"	144737
has the same meaning as in section 10202(f)(1)(B) of the Patient	144738
Protection and Affordable Care Act.	144739

"Patient Protection and Affordable Care Act" means Public Law	144740
111-148.	144741

(B) The Departments of Job and Family Services, Aging, and	144742
Developmental Disabilities shall continue efforts to achieve a	144743
sustainable and balanced delivery system for long-term services	144744
and supports. In so doing, the Departments shall strive to realize	144745
the following goals by June 30, 2013:	144746

(1) Having at least fifty per cent of Medicaid recipients who	144747
are sixty years of age or older and need long-term services and	144748
supports utilize non-institutionally-based long-term services and	144749
supports;	144750

(2) Having at least sixty per cent of Medicaid recipients who	144751
are less than sixty years of age and have cognitive or physical	144752
disabilities for which long-term services and supports are needed	144753
utilize non-institutionally-based long-term services and supports.	144754

(C) If the Department of Job and Family Services determines	144755
that participating in the Balancing Incentive Payments Program	144756
will assist in achieving the goals specified in division (B) of	144757
this section, the Department may apply to the United States	144758
Secretary of Health and Human Services to participate in the	144759
program. Any funds the state receives as the result of the	144760
enhanced federal financial participation provided to states	144761
participating in the Balancing Incentive Payments Program shall be	144762
deposited into the Balancing Incentive Payments Program Fund,	144763
which is hereby created in the state treasury. The Department of	144764
Job and Family Services shall use the money in the fund in	144765
accordance with section 10202(c)(4) of the Patient Protection and	144766
Affordable Care Act.	144767

Section 309.35.20. BALANCING INCENTIVE PAYMENTS PROGRAM FUND

144768

The Director of Job and Family Services may seek Controlling	144769
Board approval to make expenditures from the Balancing Incentive	144770
Payments Program Fund.	144771

Section 309.35.30. DUAL ELIGIBLE INTEGRATED CARE	144772
DEMONSTRATION PROJECT	144773

The Director of Job and Family Services may seek Controlling	144774
Board approval to make expenditures from the Integrated Care	144775
Delivery Systems Fund.	144776

Section 390.35.33. RESIDENTIAL STATE SUPPLEMENT PROGRAM

144777

On July 1 of each fiscal year, or as soon as possible	144778
thereafter, the Director of Budget and Management shall transfer	144779
$2.8 million cash from the General Revenue Fund to the Nursing	144780
Home Franchise Permit Fee Fund (Fund 5R20) to be used for the	144781
Residential State Supplement program. The transferred cash is	144782
hereby appropriated.	144783

Section 309.35.40. OHIO ACCESS SUCCESS PROJECT AND	144784
IDENTIFICATION OF OVERPAYMENTS	144785

(A) Notwithstanding any limitations in sections 3721.51 and	144786
3721.56 of the Revised Code, in each fiscal year, cash from the	144787
Nursing Home Franchise Permit Fee Fund (Fund 5R20) may be used by	144788
the Department of Job and Family Services for the following	144789
purposes:	144790

(1) Up to $3,000,000 in each fiscal year to fund the state	144791
share of audits or limited reviews of Medicaid providers;	144792

(2) Up to $450,000 in each fiscal year to provide one-time	144793
transitional benefits under the Ohio Access Success Project that	144794
the Director of Job and Family Services may establish under	144795
section 5111.97 of the Revised Code.	144796

(B) On July 1, 2011, or as soon as possible thereafter, the	144797
Director of Budget and Management shall transfer the cash balance	144798
in the Home and Community-Based Services for the Aged Fund (Fund	144799
4J50) to the Nursing Home Franchise Permit Fee Fund (Fund 5R20).	144800
The transferred cash is hereby appropriated. Upon completion of	144801
the transfer, Fund 4J50 is abolished. The Director shall cancel	144802
any existing encumbrances against appropriation item 600613,	144803
Nursing Facility Bed Assessments, and appropriation item 600618,	144804
Residential State Supplement Payments, and reestablish them	144805
against appropriation item 600608, Medicaid - Nursing Facilities.	144806

Section 309.35.50. PROVIDER FRANCHISE FEE OFFSETS

144807

(A) At least quarterly, the Director of Job and Family	144808
Services shall certify to the Director of Budget and Management	144809
both of the following:	144810

(1) The amount of offsets withheld under section 3721.541 of	144811
the Revised Code from payments made from the General Revenue Fund.	144812

(2) The amount of offsets withheld under section 5112.341 of	144813
the Revised Code from payments made from the General Revenue Fund.	144814

(B) The Director of Budget and Management may transfer cash	144815
from the General Revenue Fund to all of the following:	144816

(1) The Nursing Home Franchise Permit Fee Fund (Fund 5R20),	144817
in accordance with section 3721.56 of the Revised Code;	144818

(2) The ICF/MR Bed Assessments Fund (Fund 4K10).

144819

(C) Amounts transferred pursuant to this section are hereby	144820
appropriated.	144821

Section 309.35.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF	144822
DEVELOPMENTAL DISABILITIES	144823

The Department of Job and Family Services may transfer cash	144824
in each fiscal year from the ICF/MR Bed Assessments Fund (Fund	144825
4K10) to the Home and Community-Based Services Fund (Fund 4K80),	144826
used by the Department of Developmental Disabilities. The amount	144827
to be transferred shall be agreed to by both departments. The	144828
transfer may occur on a quarterly basis or on a schedule developed	144829
and agreed to by both departments. The transfer may be made using	144830
an intrastate transfer voucher.	144831

Section 309.35.70. HOSPITAL CARE ASSURANCE MATCH

144832

The foregoing appropriation item 600650, Hospital Care	144833
Assurance Match, shall be used by the Department of Job and Family	144834
Services solely for distributing funds to hospitals under section	144835
5112.08 of the Revised Code.	144836

Section 309.35.73. HEALTHCARE COMPLIANCE APPROPRIATION

144837

Notwithstanding the provisions of section 5111.171 of the	144838
Revised Code specifying the uses of the HealthCare Compliance	144839
Fund, appropriations in appropriation item 600625, HealthCare	144840
Compliance, may be used for expenses incurred in implementation or	144841
operation of Health Home programs and for the creation,	144842
modification, or replacement of any federally funded Medicaid	144843
healthcare systems in fiscal year 2012 and fiscal year 2013.	144844

Section 309.35.80. HEALTH CARE SERVICES ADMINISTRATION FUND

144845

Of the amount received by the Department of Job and Family	144846
Services during fiscal year 2012 and fiscal year 2013 from the	144847
first installment of assessments paid under section 5112.06 of the	144848
Revised Code and intergovernmental transfers made under section	144849
5112.07 of the Revised Code, the Director of Job and Family	144850
Services shall deposit $350,000 in each fiscal year into the state	144851
treasury to the credit of the Health Care Services Administration	144852
Fund (Fund 5U30).	144853

Section 309.35.90. TRANSFERS OF OFFSETS TO THE HEALTH CARE	144854
SERVICES ADMINISTRATION FUND	144855

(A) As used in this section:

144856

"Hospital offset" means an offset from a hospital's Medicaid	144857
payment authorized by section 5112.991 of the Revised Code.	144858

"Vendor offset" means a reduction of a Medicaid payment to a	144859
Medicaid provider to correct a previous, incorrect Medicaid	144860
payment.	144861

(B) At least quarterly during fiscal year 2012 and fiscal	144862
year 2013, the Director of Job and Family Services shall certify	144863
to the Director of Budget and Management the amount of hospital	144864
offsets and vendor offsets for the period covered by the	144865
certification and the particular funds that would have been used	144866
to make the extra payments to providers if not for the offsets.	144867
The certification shall specify how much extra would have been	144868
taken from each of the funds if not for the hospital offsets and	144869
vendor offsets.	144870

(C) On receipt of a certification under division (B) of this	144871
section, the Director of Budget and Management shall transfer cash	144872
from the funds identified in the certification to the Health Care	144873
Services Administration Fund (Fund 5U30). The amount transferred	144874
from a fund shall equal the amount that would have been taken from	144875
the fund if not for the hospital offsets and vendor offsets as	144876
specified in the certification. The transferred cash is hereby	144877
appropriated.	144878

Section 309.37.10. PROVIDER APPLICATION FEES

144879

If receipts credited to the Health Care Services	144880
Administration Fund (Fund 5U30) exceed the amounts appropriated	144881
from the fund, the Director of Job and Family Services may seek	144882
Controlling Board approval to increase the appropriations in	144883
appropriation item 600654, Health Care Services Administration.	144884

Section 309.37.20. INTERAGENCY REIMBURSEMENT

144885

The Director of Job and Family Services may request the	144886
Director of Budget and Management to increase appropriation item	144887
600655, Interagency Reimbursement. Upon the approval of the	144888
Director of Budget and Management, the additional amounts are	144889
hereby appropriated.	144890

Section 309.37.30. MEDICAID PROGRAM SUPPORT FUND - STATE

144891

The foregoing appropriation item 600671, Medicaid Program	144892
Support, shall be used by the Department of Job and Family	144893
Services to pay for Medicaid services and contracts. The	144894
Department may also deposit to the Medicaid Program Support Fund	144895
(Fund 5C90) revenues received from other state agencies for	144896
Medicaid services under the terms of interagency agreements	144897
between the Department and other state agencies.	144898

Section 309.37.40. TRANSFERS OF IMD/DSH CASH TO THE	144899
DEPARTMENT OF MENTAL HEALTH	144900

The Department of Job and Family Services shall transfer cash	144901
from the Medicaid Program Support Fund (Fund 5C90), to the	144902
Behavioral Health Medicaid Services Fund (Fund 4X50), used by the	144903
Department of Mental Health, in accordance with an interagency	144904
agreement that delegates authority from the Department of Job and	144905
Family Services to the Department of Mental Health to administer	144906
specified Medicaid services. The transfer shall be made using an	144907
intrastate transfer voucher.	144908

Section 309.37.50. PRESCRIPTION DRUG COVERAGE UNDER MEDICAID	144909
MANAGED CARE	144910

(A) Not later than October 1, 2011, the Department of Job and	144911
Family Services shall enter into new contracts or amend existing	144912
contracts with health insuring corporations, pursuant to section	144913
5111.17 of the Revised Code, as the Department considers necessary	144914
to require, in accordance with section 5111.172 of the Revised	144915
Code, as amended by this act, that each health insuring	144916
corporation participating in the Medicaid care management system	144917
include coverage of prescription drugs for the Medicaid recipients	144918
who are enrolled in the health insuring corporation.	144919

(B) For a period of ninety days immediately following the	144920
effective date of the inclusion of prescription drug coverage	144921
under a new or amended contract with a health insuring corporation	144922
pursuant to division (A) of this section, if, immediately prior to	144923
the effective date of the coverage, a Medicaid recipient enrolled	144924
in the health insuring corporation was being treated with a drug	144925
prescribed by a licensed health professional authorized to	144926
prescribe drugs, as defined in section 4729.01 of the Revised	144927
Code, and the drug is not an antidepressant or antipsychotic	144928
described in division (B)(2) of section 5111.172 of the Revised	144929
Code, as amended by this act, the health insuring corporation	144930
shall provide coverage of the drug without using drug utilization	144931
or management techniques, including any prior authorization	144932
requirements, that are more stringent than the utilization or	144933
management techniques, if any, that the Medicaid recipient was	144934
subject to immediately prior to the effective date of the	144935
coverage.	144936

(C) For a period of one hundred twenty days immediately	144937
following the effective date of the inclusion of prescription drug	144938
coverage under a new or amended contract with a health insuring	144939
corporation pursuant to division (A) of this section, both of the	144940
following apply:	144941

(1) If, immediately prior to the effective date of the	144942
coverage, a Medicaid recipient enrolled in the health insuring	144943
corporation was being treated with an antidepressant or	144944
antipsychotic described in division (B)(2) of section 5111.172 of	144945
the Revised Code, as amended by this act, the health insuring	144946
corporation shall provide coverage of the drug without imposing a	144947
prior authorization requirement.	144948

(2) Notwithstanding division (B)(3) of section 5111.172 of	144949
the Revised Code, as amended by this act, the health insuring	144950
corporation shall permit the health professional who was	144951
prescribing the drug to continue prescribing the drug for the	144952
Medicaid recipient, regardless of whether the prescriber is a	144953
psychiatrist as described in division (B)(3)(a) or (b) of that	144954
section.	144955

Section 309.40. FAMILY STABILITY

144956

Section 309.40.10. FOOD STAMPS TRANSFER

144957

On July 1, 2011, or as soon as possible thereafter, the	144958
Director of Budget and Management may transfer up to $1,000,000	144959
cash from the Food Stamp Program Fund (Fund 3840), to the Food	144960
Assistance Fund (Fund 5ES0).	144961

Section 309.40.20. NAME OF FOOD STAMP PROGRAM

144962

The Director of Job and Family Services is not required to	144963
amend rules regarding the Food Stamp Program to change the name of	144964
the program to the Supplemental Nutrition Assistance Program. The	144965
Director may refer to the program as the Food Stamp Program or the	144966
Food Assistance Program in rules and documents of the Department	144967
of Job and Family Services.	144968

Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD	144969
BANKS	144970

The foregoing appropriation item 600540, Second Harvest Food	144971
Banks, shall be used to provide funds to the Ohio Association of	144972
Second Harvest Food Banks to purchase and distribute food	144973
products.	144974

Notwithstanding section 5101.46 of the Revised Code and any	144975
other provision in this bill, in addition to funds designated for	144976
the Ohio Association of Second Harvest Food Banks in this section,	144977
in fiscal year 2012 and fiscal year 2013, the Director of Job and	144978
Family Services shall provide assistance from eligible funds to	144979
the Ohio Association of Second Harvest Food Banks in an amount up	144980
to or equal to the assistance provided in state fiscal year 2011	144981
from all funds used by the Department, except the General Revenue	144982
Fund.	144983

Eligible nonfederal expenditures made by member food banks of	144984
the Association shall be counted by the Department of Job and	144985
Family Services toward the TANF maintenance of effort requirements	144986
of 42 U.S.C. 609(a)(7). The Director of Job and Family Services	144987
shall enter into an agreement with the Ohio Association of Second	144988
Harvest Food Banks, in accordance with sections 5101.80 and	144989
5101.801 of the Revised Code, to carry out the requirements under	144990
this section.	144991

Section 309.40.40. PUBLIC ASSISTANCE ACTIVITIES/TANF MOE

144992

The foregoing appropriation item 600658, Public Assistance	144993
Activities, shall be used by the Department of Job and Family	144994
Services to meet the TANF maintenance of effort requirements of 42	144995
U.S.C. 609(a)(7). When the state is assured that it will meet the	144996
maintenance of effort requirement, the Department of Job and	144997
Family Services may use funds from appropriation item 600658,	144998
Public Assistance Activities, to support public assistance	144999
activities.	145000

Section 309.40.50. INDEPENDENT LIVING INITIATIVE

145001

Of the foregoing appropriation item 600689, TANF Block Grant,	145002
up to $2,000,000 in each fiscal year shall be used, in accordance	145003
with sections 5101.80 and 5101.801 of the Revised Code, to support	145004
the Independent Living Initiative, including life skills training	145005
and work supports for older children in foster care and those who	145006
have recently aged out of foster care.	145007

Section 309.40.60. KINSHIP PERMANENCY INCENTIVE PROGRAM

145008

Of the foregoing appropriation item 600689, TANF Block Grant,	145009
$1,200,000 in each fiscal year shall be used to support the	145010
activities of the Kinship Permanency Incentive Program established	145011
in section 5101.802 of the Revised Code.	145012

Section 309.40.63. OHIO COMMISSION ON FATHERHOOD

145013

Of the foregoing appropriation item 600689, TANF Block Grant,	145014
$1,000,000 in each fiscal year shall be provided to the Ohio	145015
Commission on Fatherhood.	145016

Section 309.40.70. SWIPE CARD PILOT PROGRAM

145017

During fiscal year 2012 and fiscal year 2013, if the	145018
Department of Job and Family Services implements a program that	145019
utilizes a swipe card system and point of service device to verify	145020
enrollment and attendance and for payment for publicly funded	145021
child care, both of the following apply:	145022

(A) If a child care provider participating in the program	145023
engages in fraud with respect to reporting a child's enrollment or	145024
attendance, the fraud constitutes a reason for which the	145025
provider's license or certification must be revoked.	145026

(B) If a caretaker parent participating in the program	145027
engages in fraud with respect to reporting a child's enrollment or	145028
attendance, the caretaker parent shall lose eligibility for	145029
publicly funded child care.	145030

Section 309.50. CHILD WELFARE

145031

Section 309.50.10. DIFFERENTIAL RESPONSE

145032

In accordance with an independent evaluation of the Ohio	145033
Alternative Response Pilot Program that recommended statewide	145034
implementation, the Department of Job and Family Services shall	145035
plan the statewide expansion of the Ohio Alternative Response	145036
Pilot Program on a county by county basis, through a schedule	145037
determined by the Department. The program shall be known as the	145038
"differential response" approach as defined in section 2151.011 of	145039
the Revised Code. Notwithstanding provisions of Chapter 2151. of	145040
the Revised Code that refer to "differential response,"	145041
"traditional response," and "alternative response," those	145042
provisions shall become effective on the scheduled date of	145043
expansion of the differential response approach to that county.	145044
Prior to statewide implementation, the Department may adopt rules	145045
in accordance with Chapter 119. of the Revised Code as necessary	145046
to carry out the purposes of this section.	145047

Section 309.50.20. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

145048

In collaboration with the county family and children first	145049
council, a county department of job and family services or public	145050
children services agency that receives an allocation from the	145051
Department of Job and Family Services from the foregoing	145052
appropriation item 600523, Children and Families Services, or	145053
600533, Child, Family, and Adult Community & Protective Services,	145054
may transfer a portion of either or both allocations to a flexible	145055
funding pool as authorized by the section of this act titled	145056
"FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	145057

Section 309.50.30. CHILD, FAMILY, AND ADULT COMMUNITY AND	145058
PROTECTIVE SERVICES	145059

(A) The foregoing appropriation item 600533, Child, Family,	145060
and Adult Community & Protective Services, shall be distributed to	145061
each county department of job and family services using the	145062
formula the Department of Job and Family Services uses when	145063
distributing Title XX funds to county departments of job and	145064
family services under section 5101.46 of the Revised Code. County	145065
departments shall use the funds distributed to them under this	145066
section as follows, in accordance with the written plan of	145067
cooperation entered into under section 307.983 of the Revised	145068
Code:	145069

(1) To assist individuals achieve or maintain	145070
self-sufficiency, including by reducing or preventing dependency	145071
among individuals with family income not exceeding two hundred per	145072
cent of the federal poverty guidelines;	145073

(2) Subject to division (B) of this section, to respond to	145074
reports of abuse, neglect, or exploitation of children and adults,	145075
including through the differential response approach program	145076
developed under Section 309.50.10 of this act;	145077

(3) To provide outreach and referral services regarding home	145078
and community-based services to individuals at risk of placement	145079
in a group home or institution, regardless of the individuals'	145080
family income and without need for a written application;	145081

(4) To provide outreach, referral, application assistance,	145082
and other services to assist individuals receive assistance,	145083
benefits, or services under Medicaid; Title IV-A programs, as	145084
defined in section 5101.80 of the Revised Code; the Supplemental	145085
Nutrition Assistance Program; and other public assistance	145086
programs.	145087

(B) Protective services may be provided to a child or adult	145088
as part of a response, under division (A)(2) of this section, to a	145089
report of abuse, neglect, or exploitation without regard to a	145090
child or adult's family income and without need for a written	145091
application. The protective services may be provided if the case	145092
record documents circumstances of actual or potential abuse,	145093
neglect, or exploitation.	145094

Section 309.50.33. CHILDREN AND FAMILY SERVICES ACTIVITIES

145095

The foregoing appropriation item 600609, Children and Family	145096
Services Activities, shall be used to expend miscellaneous	145097
foundation funds and grants to support children and family	145098
services activities.	145099

Section 309.50.40. ADOPTION ASSISTANCE LOAN

145100

Of the foregoing appropriation item 600634, Adoption	145101
Assistance Loan, the Department of Job and Family Services may use	145102
up to ten per cent for administration of adoption assistance loans	145103
pursuant to section 3107.018 of the Revised Code.	145104

Section 309.60. UNEMPLOYMENT COMPENSATION

145105

Section 309.60.10. FEDERAL UNEMPLOYMENT PROGRAMS

145106

All unexpended funds remaining at the end of fiscal year 2011	145107
that were appropriated and made available to the state under	145108
section 903(d) of the Social Security Act, as amended, in the	145109
foregoing appropriation item 600678, Federal Unemployment Programs	145110
(Fund 3V40), are hereby appropriated to the Department of Job and	145111
Family Services. Upon the request of the Director of Job and	145112
Family Services, the Director of Budget and Management may	145113
increase the appropriation for fiscal year 2012 by the amount	145114
remaining unspent from the fiscal year 2011 appropriation and may	145115
increase the appropriation for fiscal year 2013 by the amount	145116
remaining unspent from the fiscal year 2012 appropriation. The	145117
appropriation shall be used under the direction of the Department	145118
of Job and Family Services to pay for administrative activities	145119
for the Unemployment Insurance Program, employment services, and	145120
other allowable expenditures under section 903(d) of the Social	145121
Security Act, as amended.	145122

The amounts obligated pursuant to this section shall not	145123
exceed at any time the amount by which the aggregate of the	145124
amounts transferred to the account of the state under section	145125
903(d) of the Social Security Act, as amended, exceeds the	145126
aggregate of the amounts obligated for administration and paid out	145127
for benefits and required by law to be charged against the amounts	145128
transferred to the account of the state.	145129

Section 311.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

145130

General Revenue Fund	145131

GRF	029321	Operating Expenses	$	435,168	$	435,168	145132
TOTAL GRF General Revenue Fund			$	435,168	$	435,168	145133
TOTAL ALL BUDGET FUND GROUPS			$	435,168	$	435,168	145134

OPERATING GUIDANCE

145135

The Chief Administrative Officer of the House of	145136
Representatives and the Clerk of the Senate shall determine, by	145137
mutual agreement, which of them shall act as fiscal agent for the	145138
Joint Committee on Agency Rule Review. Members of the Committee	145139
shall be paid in accordance with section 101.35 of the Revised	145140
Code.	145141

OPERATING EXPENSES

145142

On July 1, 2011, or as soon as possible thereafter, the	145143
Executive Director of the Joint Committee on Agency Rule Review	145144
may certify to the Director of Budget and Management the amount of	145145
the unexpended, unencumbered balance of the foregoing	145146
appropriation item 029321, Operating Expenses, at the end of	145147
fiscal year 2011 to be reappropriated to fiscal year 2012. The	145148
amount certified is hereby reappropriated to the same	145149
appropriation item for fiscal year 2012.	145150

On July 1, 2012, or as soon as possible thereafter, the	145151
Executive Director of the Joint Committee on Agency Rule Review	145152
may certify to the Director of Budget and Management the amount of	145153
the unexpended, unencumbered balance of the foregoing	145154
appropriation item 029321, Operating Expenses, at the end of	145155
fiscal year 2012 to be reappropriated to fiscal year 2013. The	145156
amount certified is hereby reappropriated to the same	145157
appropriation item for fiscal year 2013.	145158

Section 313.10. JCO JUDICIAL CONFERENCE OF OHIO

145159

General Revenue Fund	145160

GRF	018321		Operating Expenses		$	720,000		$	720,000		145161
TOTAL GRF General Revenue Fund					$	720,000		$	720,000		145162

General Services Fund Group	145163

4030	018601	Ohio Jury Instructions	$	350,000	$	350,000	145164
TOTAL GSF General Services Fund Group			$	350,000	$	350,000	145165
TOTAL ALL BUDGET FUND GROUPS			$	1,070,000	$	1,070,000	145166

OHIO JURY INSTRUCTIONS FUND

145167

The Ohio Jury Instructions Fund (Fund 4030) shall consist of	145168
grants, royalties, dues, conference fees, bequests, devises, and	145169
other gifts received for the purpose of supporting costs incurred	145170
by the Judicial Conference of Ohio in its activities as a part of	145171
the judicial system of the state as determined by the Judicial	145172
Conference Executive Committee. Fund 4030 shall be used by the	145173
Judicial Conference of Ohio to pay expenses incurred in its	145174
activities as a part of the judicial system of the state as	145175
determined by the Judicial Conference Executive Committee. All	145176
moneys accruing to Fund 4030 in excess of $350,000 in fiscal year	145177
2012 and in excess of $350,000 in fiscal year 2013 are hereby	145178
appropriated for the purposes authorized.	145179

No money in Fund 4030 shall be transferred to any other fund	145180
by the Director of Budget and Management or the Controlling Board.	145181

Section 315.10. JSC THE JUDICIARY/SUPREME COURT

145182

General Revenue Fund	145183

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	133,704,620	$	132,565,410	145184
GRF	005406	Law Related Education	$	236,172	$	236,172	145185
GRF	005409	Ohio Courts Technology Initiative	$	2,150,000	$	2,150,000	145186
TOTAL GRF General Revenue Fund			$	136,090,792	$	134,951,582	145187

General Services Fund Group	145188

6720	005601		Continuing Judicial Education		$	172,142		$	169,420		145189
TOTAL GSF General Services Fund Group					$	172,142		$	169,420		145190

Federal Special Revenue Fund Group	145191

3J00	005603		Federal Grants		$	1,653,317		$	1,605,717		145192
TOTAL FED Federal Special Revenue Fund Group					$	1,653,317		$	1,605,717		145193

State Special Revenue Fund Group	145194

4C80	005605	Attorney Services	$	3,718,328	$	3,695,192	145195
5HT0	005617	Court Interpreter Certification	$	39,000	$	39,000	145196
5T80	005609	Grants and Awards	$	50,000	$	50,000	145197
6A80	005606	Supreme Court Admissions	$	1,223,340	$	1,205,056	145198
TOTAL SSR State Special Revenue Fund Group			$	5,030,668	$	4,989,248	145199
TOTAL ALL BUDGET FUND GROUPS			$	142,946,919	$	141,715,967	145200

LAW-RELATED EDUCATION

145201

The foregoing appropriation item 005406, Law-Related	145202
Education, shall be distributed directly to the Ohio Center for	145203
Law-Related Education for the purposes of providing continuing	145204
citizenship education activities to primary and secondary	145205
students, expanding delinquency prevention programs, increasing	145206
activities for at-risk youth, and accessing additional public and	145207
private money for new programs.	145208

OHIO COURTS TECHNOLOGY INITIATIVE

145209

The foregoing appropriation item 005409, Ohio Courts	145210
Technology Initiative, shall be used to fund an initiative by the	145211
Supreme Court to facilitate the exchange of information and	145212
warehousing of data by and between Ohio courts and other justice	145213
system partners through the creation of an Ohio Courts Network,	145214
the delivery of technology services to courts throughout the	145215
state, including the provision of hardware, software, and the	145216
development and implementation of educational and training	145217
programs for judges and court personnel, and operation of the	145218
Commission on Technology and the Courts by the Supreme Court for	145219
the promulgation of statewide rules, policies, and uniform	145220
standards, and to aid in the orderly adoption and comprehensive	145221
use of technology in Ohio courts.	145222

CONTINUING JUDICIAL EDUCATION

145223

The Continuing Judicial Education Fund (Fund 6720) shall	145224
consist of fees paid by judges and court personnel for attending	145225
continuing education courses and other gifts and grants received	145226
for the purpose of continuing judicial education. The foregoing	145227
appropriation item 005601, Continuing Judicial Education, shall be	145228
used to pay expenses for continuing education courses for judges	145229
and court personnel. If it is determined by the Administrative	145230
Director of the Supreme Court that additional appropriations are	145231
necessary, the amounts are hereby appropriated.	145232

No money in Fund 6720 shall be transferred to any other fund	145233
by the Director of Budget and Management or the Controlling Board.	145234
Interest earned on money in Fund 6720 shall be credited to the	145235
fund.	145236

FEDERAL GRANTS

145237

The Federal Grants Fund (Fund 3J00) shall consist of grants	145238
and other moneys awarded to the Supreme Court (The Judiciary) by	145239
the United States Government or other entities that receive the	145240
moneys directly from the United States Government and distribute	145241
those moneys to the Supreme Court (The Judiciary). The foregoing	145242
appropriation item 005603, Federal Grants, shall be used in a	145243
manner consistent with the purpose of the grant or award. If it is	145244
determined by the Administrative Director of the Supreme Court	145245
that additional appropriations are necessary, the amounts are	145246
hereby appropriated.	145247

No money in Fund 3J00 shall be transferred to any other fund	145248
by the Director of Budget and Management or the Controlling Board.	145249
However, interest earned on money in Fund 3J00 shall be credited	145250
or transferred to the General Revenue Fund.	145251

ATTORNEY SERVICES

145252

The Attorney Services Fund (Fund 4C80), formerly known as the	145253
Attorney Registration Fund, shall consist of money received by the	145254
Supreme Court (The Judiciary) pursuant to the Rules for the	145255
Government of the Bar of Ohio. In addition to funding other	145256
activities considered appropriate by the Supreme Court, the	145257
foregoing appropriation item 005605, Attorney Services, may be	145258
used to compensate employees and to fund appropriate activities of	145259
the following offices established by the Supreme Court: the Office	145260
of Disciplinary Counsel, the Board of Commissioners on Grievances	145261
and Discipline, the Clients' Security Fund, and the Attorney	145262
Services Division. If it is determined by the Administrative	145263
Director of the Supreme Court that additional appropriations are	145264
necessary, the amounts are hereby appropriated.	145265

No money in Fund 4C80 shall be transferred to any other fund	145266
by the Director of Budget and Management or the Controlling Board.	145267
Interest earned on money in Fund 4C80 shall be credited to the	145268
fund.	145269

COURT INTERPRETER CERTIFICATION

145270

The Court Interpreter Certification Fund (Fund 5HT0) shall	145271
consist of money received by the Supreme Court (The Judiciary)	145272
pursuant to Rules 80 through 87 of the Rules of Superintendence	145273
for the Courts of Ohio. The foregoing appropriation item 005617,	145274
Court Interpreter Certification, shall be used to provide	145275
training, to provide the written examination, and to pay language	145276
experts to rate, or grade, the oral examinations of those applying	145277
to become certified court interpreters. If it is determined by the	145278
Administrative Director that additional appropriations are	145279
necessary, the amounts are hereby appropriated.	145280

No money in Fund 5HT0 shall be transferred to any other fund	145281
by the Director of Budget and Management or the Controlling Board.	145282
Interest earned on money in Fund 5HT0 shall be credited to the	145283
fund.	145284

GRANTS AND AWARDS

145285

The Grants and Awards Fund (Fund 5T80) shall consist of	145286
grants and other money awarded to the Supreme Court (The	145287
Judiciary) by the State Justice Institute, the Division of	145288
Criminal Justice Services, or other entities. The foregoing	145289
appropriation item 005609, Grants and Awards, shall be used in a	145290
manner consistent with the purpose of the grant or award. If it is	145291
determined by the Administrative Director of the Supreme Court	145292
that additional appropriations are necessary, the amounts are	145293
hereby appropriated.	145294

No money in Fund 5T80 shall be transferred to any other fund	145295
by the Director of Budget and Management or the Controlling Board.	145296
However, interest earned on money in Fund 5T80 shall be credited	145297
or transferred to the General Revenue Fund.	145298

SUPREME COURT ADMISSIONS

145299

The foregoing appropriation item 005606, Supreme Court	145300
Admissions, shall be used to compensate Supreme Court employees	145301
who are primarily responsible for administering the attorney	145302
admissions program under the Rules for the Government of the Bar	145303
of Ohio, and to fund any other activities considered appropriate	145304
by the court. Moneys shall be deposited into the Supreme Court	145305
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	145306
Government of the Bar of Ohio. If it is determined by the	145307
Administrative Director of the Supreme Court that additional	145308
appropriations are necessary, the amounts are hereby appropriated.	145309

No money in Fund 6A80 shall be transferred to any other fund	145310
by the Director of Budget and Management or the Controlling Board.	145311
Interest earned on money in Fund 6A80 shall be credited to the	145312
fund.	145313

Section 317.10. LEC LAKE ERIE COMMISSION

145314

Federal Special Revenue Fund Group	145315

3EP0	780603		Lake Erie Federal Grants		$	95,750		$	95,750		145316
TOTAL FED Federal Special Revenue Fund Group					$	95,750		$	95,750		145317

State Special Revenue Fund Group	145318

4C00	780601	Lake Erie Protection Fund	$	400,000	$	400,000	145319
5D80	780602	Lake Erie Resources Fund	$	261,783	$	250,143	145320
TOTAL SSR State Special Revenue							145321
Fund Group			$	661,783	$	650,143	145322
TOTAL ALL BUDGET FUND GROUPS			$	757,533	$	745,893	145323

Section 319.10. LRS LEGAL RIGHTS SERVICE

145325

General Revenue Fund	145326

GRF	054321	Support Services	$	97,255	$	24,314	145327
GRF	054401	Ombudsman	$	142,003	$	35,750	145328
TOTAL GRF General Revenue Fund			$	239,258	$	60,064	145329

General Services Fund Group	145330

5M00	054610	Settlements	$	181,352	$	32,839	145331
TOTAL GSF General Services							145332
Fund Group			$	181,352	$	32,839	145333

Federal Special Revenue Fund Group	145334

3050	054602	Protection and Advocacy - Developmentally Disabled	$	1,662,991	$	415,748	145335
3AG0	054613	Protection and Advocacy - Voter Accessibility	$	135,000	$	33,752	145336
3B80	054603	Protection and Advocacy - Mentally Ill	$	1,152,677	$	288,170	145337
3CA0	054615	Work Incentives Planning and Assistance	$	355,000	$	88,752	145338
3N30	054606	Protection and Advocacy - Individual Rights	$	591,112	$	147,779	145339
3N90	054607	Assistive Technology	$	135,000	$	33,751	145340
3R90	054616	Developmental Disability Publications	$	130,000	$	32,500	145341
3T20	054609	Client Assistance Program	$	435,000	$	108,752	145342
3X10	054611	Protection and Advocacy - Beneficiaries of Social Security	$	235,000	$	58,752	145343
3Z60	054612	Protection and Advocacy - Traumatic Brain Injury	$	151,624	$	37,907	145344
TOTAL FED Federal Special Revenue							145345
Fund Group			$	4,983,404	$	1,245,863	145346

State Special Revenue Fund Group	145347

5AE0	054614	Grants and Contracts	$	74,600	$	18,652	145348
TOTAL SSR State Special Revenue Fund Group			$	74,600	$	18,652	145349
TOTAL ALL BUDGET FUND GROUPS			$	5,478,614	$	1,357,418	145350

Section 319.20. CONVERSION OF LEGAL RIGHTS SERVICE TO A	145352
NONPROFIT ENTITY	145353

(A) Not later than December 31, 2011, the administrator of	145354
the Legal Rights Service, in consultation with the Legal Rights	145355
Service Commission, shall establish a nonprofit entity to provide	145356
advocacy services and a client assistance program for people with	145357
disabilities. The Legal Rights Service may subcontract with the	145358
nonprofit entity to perform any functions that the Legal Rights	145359
Service is permitted or required to perform.	145360

(B)(1) Not later than September 30, 2012, and subject to	145361
division (B)(2) of this section, the Governor shall designate the	145362
nonprofit entity established under division (A) of this section to	145363
serve as the state's protection and advocacy system, as provided	145364
under 42 U.S.C. 15001, and as the state's client assistance	145365
program, as provided under 29 U.S.C. 732. On October 1, 2012,	145366
pursuant to section 5123.60 of the Revised Code, as enacted by	145367
this act, the nonprofit entity is the Ohio Protection and Advocacy	145368
System.	145369

(2) The Governor shall make the designation only if the	145370
nonprofit entity complies with all federal law regarding a	145371
protection and advocacy system and client assistance program.	145372

(C) Effective October 1, 2012, the Legal Rights Service, the	145373
Legal Rights Service Commission, and the Ombudsperson Section of	145374
the Legal Rights Service are abolished.	145375

Any aspect of the function of the Legal Rights Service, Legal	145376
Rights Service Commission, and the Ombudsperson Section of the	145377
Legal Rights Service commenced, but not completed on October 1,	145378
2012 shall be completed by the nonprofit entity in the same	145379
manner, and with the same effect, as if completed by the Legal	145380
Rights Service, Legal Rights Service Commission, and the	145381
Ombudsperson Section of the Legal Rights Service as they existed	145382
immediately prior to October 1, 2012. No validation, cure, right,	145383
privilege, remedy, obligation, or liability pertaining to the	145384
Legal Rights Service, Legal Rights Service Commission, and the	145385
Ombudsperson Section of the Legal Rights Service is lost or	145386
impaired by reason of the abolishment of the Legal Rights Service,	145387
Legal Rights Service Commission, and the Ombudsperson Section of	145388
the Legal Rights Service. Each such validation, cure, right,	145389
privilege, remedy, obligation, or liability shall be administered	145390
by the nonprofit entity established under division (A) of this	145391
section.	145392

Any action or proceeding that is related to the functions or	145393
duties of the Legal Rights Service, Legal Rights Service	145394
Commission, and the Ombudsperson Section of the Legal Rights	145395
Service pending on September 30, 2012, is not affected by the	145396
abolishment of the Legal Rights Service, the Legal Rights Service	145397
Commission, and the Ombudsperson Section of the Legal Rights	145398
Service and shall be prosecuted or defended in the name of the	145399
nonprofit entity. In all such actions and proceedings the	145400
nonprofit entity, on application to the court, shall be	145401
substituted as a party.	145402

(D) The foregoing appropriation items 054321, Support	145403
Services, and 054401, Ombudsman, may be used to support the costs	145404
of transitioning the Ohio Legal Rights Service into a nonprofit	145405
entity.	145406

Section 321.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

145407

General Revenue Fund	145408

GRF	028321		Legislative Ethics Committee		$	550,000		$	550,000		145409
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		145410

General Services Fund Group	145411

4G70	028601	Joint Legislative Ethics Committee	$	100,000	$	100,000	145412
TOTAL GSF General Services Fund Group			$	100,000	$	100,000	145413
TOTAL ALL BUDGET FUND GROUPS			$	650,000	$	650,000	145414

Section 323.10. LSC LEGISLATIVE SERVICE COMMISSION

145415

General Revenue Fund	145416

GRF	035321	Operating Expenses	$	15,117,700	$	15,117,700	145417
GRF	035402	Legislative Fellows	$	1,022,120	$	1,022,120	145418
GRF	035405	Correctional Institution Inspection Committee	$	438,900	$	438,900	145419
GRF	035407	Legislative Task Force on Redistricting	$	750,000	$	750,000	145420
GRF	035409	National Associations	$	460,560	$	460,560	145421
GRF	035410	Legislative Information Systems	$	3,661,250	$	3,661,250	145422
TOTAL GRF General Revenue Fund			$	21,450,530	$	21,450,530	145423

General Services Fund Group	145424

4100	035601	Sale of Publications	$	10,000	$	10,000	145425
4F60	035603	Legislative Budget Services	$	200,000	$	200,000	145426
5EF0	035607	Legislative Agency Telephone Usage	$	30,000	$	30,000	145427
TOTAL GSF General Services							145428
Fund Group			$	240,000	$	240,000	145429
TOTAL ALL BUDGET FUND GROUPS			$	21,690,530	$	21,690,530	145430

LEGISLATIVE TASK FORCE ON REDISTRICTING

145431

An amount equal to the unexpended, unencumbered portion of	145432
the foregoing appropriation item 035407, Legislative Task Force on	145433
Redistricting, at the end of fiscal year 2011 is hereby	145434
reappropriated to the Legislative Service Commission for the same	145435
purpose for fiscal year 2012.	145436

Section 325.10. LIB STATE LIBRARY BOARD

145437

General Revenue Fund	145438

GRF	350321	Operating Expenses	$	5,057,312	$	5,057,364	145439
GRF	350401	Ohioana Rental Payments	$	124,437	$	124,437	145440
GRF	350502	Regional Library Systems	$	582,469	$	582,469	145441
TOTAL GRF General Revenue Fund			$	5,764,218	$	5,764,270	145442

General Services Fund Group	145443

1390	350602	Intra-Agency Service Charges	$	9,000	$	9,000	145444
4590	350603	Library Service Charges	$	2,986,424	$	2,986,180	145445
4S40	350604	Ohio Public Library Information Network	$	5,689,401	$	5,689,788	145446
5GB0	350605	Library for the Blind	$	1,274,194	$	1,274,194	145447
5GG0	350606	Gates Foundation Grants	$	6,000	$	0	145448
TOTAL GSF General Services							145449
Fund Group			$	9,965,019	$	9,959,162	145450

Federal Special Revenue Fund Group	145451

3130	350601	LSTA Federal	$	5,879,314	$	5,879,314	145452
TOTAL FED Federal Special Revenue							145453
Fund Group			$	5,879,314	$	5,879,314	145454
TOTAL ALL BUDGET FUND GROUPS			$	21,608,551	$	21,602,746	145455

OHIOANA RENTAL PAYMENTS

145456

The foregoing appropriation item 350401, Ohioana Rental	145457
Payments, shall be used to pay the rental expenses of the Martha	145458
Kinney Cooper Ohioana Library Association under section 3375.61 of	145459
the Revised Code.	145460

REGIONAL LIBRARY SYSTEMS

145461

The foregoing appropriation item 350502, Regional Library	145462
Systems, shall be used to support regional library systems	145463
eligible for funding under sections 3375.83 and 3375.90 of the	145464
Revised Code.	145465

OHIO PUBLIC LIBRARY INFORMATION NETWORK

145466

(A) The foregoing appropriation item 350604, Ohio Public	145467
Library Information Network, shall be used for an information	145468
telecommunications network linking public libraries in the state	145469
and such others as may participate in the Ohio Public Library	145470
Information Network (OPLIN).	145471

The Ohio Public Library Information Network Board of Trustees	145472
created under section 3375.65 of the Revised Code may make	145473
decisions regarding use of the foregoing appropriation item	145474
350604, Ohio Public Library Information Network.	145475

(B) Of the foregoing appropriation item 350604, Ohio Public	145476
Library Information Network, up to $81,000 in each fiscal year	145477
shall be used to help local libraries use filters to screen out	145478
obscene and illegal internet materials.	145479

The OPLIN Board shall research and assist or advise local	145480
libraries with regard to emerging technologies and methods that	145481
may be effective means to control access to obscene and illegal	145482
materials. The OPLIN Director shall provide written reports upon	145483
request within ten days to the Governor, the Speaker and Minority	145484
Leader of the House of Representatives, and the President and	145485
Minority Leader of the Senate on any steps being taken by OPLIN	145486
and public libraries in the state to limit and control such	145487
improper usage as well as information on technological, legal, and	145488
law enforcement trends nationally and internationally affecting	145489
this area of public access and service.	145490

(C) The Ohio Public Library Information Network, INFOhio, and	145491
OhioLINK shall, to the extent feasible, coordinate and cooperate	145492
in their purchase or other acquisition of the use of electronic	145493
databases for their respective users and shall contribute funds in	145494
an equitable manner to such effort.	145495

LIBRARY FOR THE BLIND

145496

The foregoing appropriation item 350605, Library for the	145497
Blind, shall be used for the statewide Talking Book Program to	145498
assist the blind and disabled.	145499

TRANSFER TO OPLIN TECHNOLOGY FUND

145500

Notwithstanding sections 5747.03 and 5747.47 of the Revised	145501
Code and any other provision of law to the contrary, in accordance	145502
with a schedule established by the Director of Budget and	145503
Management, the Director of Budget and Management shall transfer	145504
$3,689,401 in cash in fiscal year 2012 and $3,689,788 in cash in	145505
fiscal year 2013 from the Public Library Fund (Fund 7065) to the	145506
OPLIN Technology Fund (Fund 4S40).	145507

TRANSFER TO LIBRARY FOR THE BLIND FUND

145508

Notwithstanding sections 5747.03 and 5747.47 of the Revised	145509
Code and any other provision of law to the contrary, in accordance	145510
with a schedule established by the Director of Budget and	145511
Management, the Director of Budget and Management shall transfer	145512
$1,274,194 cash in each fiscal year from the Public Library Fund	145513
(Fund 7065) to the Library for the Blind Fund (Fund 5GB0).	145514

Section 327.10. LCO LIQUOR CONTROL COMMISSION

145515

Liquor Control Fund Group	145516

7043	970321	Operating Expenses	$	753,933	$	754,146	145517
TOTAL LCF Liquor Control Fund Group			$	753,933	$	754,146	145518
TOTAL ALL BUDGET FUND GROUPS			$	753,933	$	754,146	145519

Section 329.10. LOT STATE LOTTERY COMMISSION

145521

State Lottery Fund Group	145522

2310	950604	Charitable Gaming Oversight	$	1,946,000	$	1,946,000	145523
7044	950100	Personal Services	$	26,000,000	$	26,000,000	145524
7044	950200	Maintenance	$	13,558,000	$	13,266,150	145525
7044	950300	Equipment	$	4,810,440	$	4,465,690	145526
7044	950402	Advertising Contracts	$	21,756,000	$	21,756,000	145527
7044	950403	Gaming Contracts	$	46,476,608	$	47,359,732	145528
7044	950500	Problem Gambling Subsidy	$	350,000	$	350,000	145529
7044	950601	Direct Prize Payments	$	131,995,700	$	133,263,456	145530
8710	950602	Annuity Prizes	$	77,206,258	$	77,641,283	145531
TOTAL SLF State Lottery Fund							145532
Group			$	324,099,006	$	326,048,311	145533
TOTAL ALL BUDGET FUND GROUPS			$	324,099,006	$	326,048,311	145534

OPERATING EXPENSES

145535

Notwithstanding sections 127.14 and 131.35 of the Revised	145536
Code, the Controlling Board may, at the request of the State	145537
Lottery Commission, authorize expenditures from the State Lottery	145538
Fund in excess of the amounts appropriated, up to a maximum of 15	145539
per cent of anticipated total revenue accruing from the sale of	145540
lottery tickets. Upon the approval of the Controlling Board, the	145541
additional amounts are hereby appropriated.	145542

DIRECT PRIZE PAYMENTS

145543

Any amounts, in addition to the amounts appropriated in	145544
appropriation item 950601, Direct Prize Payments, that the	145545
Director of the State Lottery Commission determines to be	145546
necessary to fund prizes are hereby appropriated.	145547

ANNUITY PRIZES

145548

Upon request of the State Lottery Commission, the Director of	145549
Budget and Management may transfer cash from the State Lottery	145550
Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in	145551
an amount sufficient to fund deferred prizes. The Treasurer of	145552
State, from time to time, shall credit the Deferred Prizes Trust	145553
Fund (Fund 8710) the pro rata share of interest earned by the	145554
Treasurer of State on invested balances.	145555

Any amounts, in addition to the amounts appropriated in	145556
appropriation item 950602, Annuity Prizes, that the Director of	145557
the State Lottery Commission determines to be necessary to fund	145558
deferred prizes and interest earnings are hereby appropriated.	145559

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

145560

The Director of Budget and Management shall transfer an	145561
amount greater than or equal to $717,500,000 in fiscal year 2012	145562
and $680,500,000 in fiscal year 2013 from the State Lottery Fund	145563
to the Lottery Profits Education Fund (Fund 7017). Transfers from	145564
the State Lottery Fund to the Lottery Profits Education Fund shall	145565
represent the estimated net income from operations for the	145566
Commission in fiscal year 2012 and fiscal year 2013. Transfers by	145567
the Director of Budget and Management to the Lottery Profits	145568
Education Fund shall be administered as the statutes direct.	145569

Section 331.10. MHC MANUFACTURED HOMES COMMISSION

145570

General Services Fund Group	145571

4K90	996609	Operating Expenses	$	652,922	$	642,267	145572
TOTAL GSF General Services							145573
Fund Group			$	652,922	$	642,267	145574
TOTAL ALL BUDGET FUND GROUPS			$	652,922	$	642,267	145575

Section 333.10. MED STATE MEDICAL BOARD

145577

General Services Fund Group	145578

5C60	883609	Operating Expenses	$	9,292,393	$	9,172,062	145579
TOTAL GSF General Services							145580
Fund Group			$	9,292,393	$	9,172,062	145581
TOTAL ALL BUDGET FUND GROUPS			$	9,292,393	$	9,172,062	145582

Section 335.10. AMB OHIO MEDICAL TRANSPORTATION BOARD

145584

General Services Fund Group	145585

4K90	915604	Operating Expenses	$	493,641	$	493,856	145586
TOTAL GSF General Services							145587
Fund Group			$	493,641	$	493,856	145588
TOTAL ALL BUDGET FUND GROUPS			$	493,641	$	493,856	145589

Section 337.10. DMH DEPARTMENT OF MENTAL HEALTH

145591

General Revenue Fund	145592

GRF	332401	Forensic Services	$	3,244,251	$	3,244,251	145593
GRF	333321	Central Administration	$	16,000,000	$	16,000,000	145594
GRF	333402	Resident Trainees	$	450,000	$	450,000	145595
GRF	333403	Pre-Admission Screening Expenses	$	486,119	$	486,119	145596
GRF	333415	Lease-Rental Payments	$	18,394,250	$	19,907,900	145597
GRF	333416	Research Program Evaluation	$	421,724	$	421,998	145598
GRF	334412	Hospital Services	$	194,918,888	$	192,051,209	145599
GRF	334506	Court Costs	$	584,210	$	584,210	145600
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	145601
GRF	335419	Community Medication Subsidy	$	8,963,818	$	8,963,818	145602
GRF	335501	Mental Health Medicaid Match	$	186,400,000	$	0	145603
GRF	335505	Local Mental Health Systems of Care	$	44,963,776	$	54,087,955	145604
GRF	335506	Residential State Supplement	$	4,702,875	$	4,702,875	145605
TOTAL GRF General Revenue Fund			$	480,915,911	$	302,286,335	145606

General Services Fund Group	145607

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	145608
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	28,190,000	145609
1500	334620	Special Education	$	150,000	$	150,000	145610
4P90	335604	Community Mental Health Projects	$	4,061,100	$	250,000	145611
1510	336601	Office of Support Services	$	129,770,770	$	129,779,822	145612
TOTAL GSF General Services Fund Group			$	163,515,060	$	159,713,012	145613

Federal Special Revenue Fund Group	145614

3240	333605	Medicaid/Medicare	$	154,500	$	154,500	145615
3A60	333608	Community and Hospital Services	$	140,000	$	140,000	145616
3A70	333612	Social Services Block Grant	$	50,000	$	50,000	145617
3A80	333613	Federal Grant - Administration	$	4,717,000	$	4,717,000	145618
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	145619
3B10	333635	Community Medicaid Expansion	$	13,691,682	$	13,691,682	145620
3240	334605	Medicaid/Medicare	$	28,200,000	$	28,200,000	145621
3A60	334608	Federal Miscellaneous	$	200,000	$	200,000	145622
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	145623
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	145624
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	145625
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	2,500,000	145626
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	145627
3B10	335635	Community Medicaid Expansion	$	346,200,000	$	0	145628
TOTAL FED Federal Special Revenue Fund Group			$	421,571,652	$	75,371,652	145629

State Special Revenue Fund Group	145630

2320	333621	Family and Children First Administration	$	448,286	$	432,197	145631
4850	333632	Mental Health Operating	$	134,233	$	134,233	145632
4X50	333607	Behavioral Health Medicaid Services	$	3,000,624	$	3,000,624	145633
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	145634
4850	334632	Mental Health Operating	$	2,477,500	$	2,477,500	145635
5AU0	335615	Behavioral Healthcare	$	6,690,000	$	6,690,000	145636
6320	335616	Community Capital Replacement	$	350,000	$	350,000	145637
TOTAL SSR State Special Revenue Fund Group			$	13,200,643	$	13,184,554	145638
TOTAL ALL BUDGET FUND GROUPS			$	1,079,203,266	$	550,555,553	145639

Section 337.10.10. FORENSIC SERVICES

145641

The foregoing appropriation item 332401, Forensic Services,	145642
shall be used to provide forensic psychiatric evaluations to	145643
courts of common pleas and to conduct evaluations of patients of	145644
forensic status in facilities operated or designated by the	145645
Department of Mental Health prior to conditional release to the	145646
community. A portion of this appropriation may be allocated	145647
through community mental health boards to certified community	145648
agencies in accordance with a distribution methodology as	145649
determined by the Director of Mental Health.	145650

In addition, appropriation item 332401, Forensic Services,	145651
may be used to provide forensic monitoring and tracking of	145652
individuals on conditional release and forensic training, and to	145653
support projects that assist courts and law enforcement to	145654
identify and develop appropriate alternative services to	145655
incarceration for nonviolent mentally ill offenders, and to	145656
provide specialized re-entry services to offenders leaving prisons	145657
and jails.	145658

Section 337.20.10. RESIDENCY TRAINEESHIP PROGRAMS

145659

The foregoing appropriation item 333402, Resident Trainees,	145660
shall be used to fund training agreements entered into by the	145661
Director of Mental Health for the development of curricula and the	145662
provision of training programs to support public mental health	145663
services.	145664

Section 337.20.20. PRE-ADMISSION SCREENING EXPENSES

145665

The foregoing appropriation item 333403, Pre-Admission	145666
Screening Expenses, shall be used to ensure that uniform statewide	145667
methods for pre-admission screening are in place for persons who	145668
have severe mental illness and are referred for long-term Medicaid	145669
certified nursing facility placement. Pre-admission screening	145670
includes the following activities: pre-admission assessment,	145671
consideration of continued stay requests, discharge planning and	145672
referral, and adjudication of appeals and grievance procedures.	145673

Section 337.20.30. LEASE-RENTAL PAYMENTS

145674

The foregoing appropriation item 333415, Lease-Rental	145675
Payments, shall be used to meet all payments at the times they are	145676
required to be made during the period from July 1, 2011, through	145677
June 30, 2013, by the Department of Mental Health under leases and	145678
agreements made under section 154.20 of the Revised Code. These	145679
appropriations are the source of funds pledged for bond service	145680
charges on obligations issued pursuant to Chapter 154. of the	145681
Revised Code.	145682

Section 337.20.50. HOSPITAL SERVICES

145683

The foregoing appropriation item 334412, Hospital Services,	145684
shall be used for the operation of the Department of Mental Health	145685
State Regional Psychiatric Hospitals, including, but not limited	145686
to, all aspects involving civil and forensic commitment,	145687
treatment, and discharge as determined by the Director of Mental	145688
Health. A portion of this appropriation may be used by the	145689
Department of Mental Health to create, purchase, or contract for	145690
the custody, supervision, control, and treatment of persons	145691
committed to the Department of Mental Health in other clinically	145692
appropriate environments, consistent with public safety.	145693

Section 337.20.60. FISCAL YEARS 2012 AND 2013 ALLOCATIONS OF	145694
STATE HOSPITAL FUNDS TO ADAMHS BOARDS	145695

(A) As used in this section:

145696

"Bed day" means a day for which a person receives inpatient	145697
hospitalization services in a state regional psychiatric hospital.	145698

"State regional psychiatric hospital" means a hospital that	145699
the Department of Mental Health maintains, operates, manages, and	145700
governs under section 5119.02 of the Revised Code for the care and	145701
treatment of mentally ill persons.	145702

(B) For fiscal years 2012 and 2013 and notwithstanding	145703
section 5119.62 of the Revised Code, the Director of Mental Health	145704
shall allocate a portion of the foregoing appropriation item	145705
334412, Hospital Services, to boards of alcohol, drug addiction,	145706
and mental health services. In consultation with the boards, the	145707
Director shall establish a methodology to be used in allocating	145708
the funds to boards. The allocation methodology shall include as	145709
factors at least the per diem cost of inpatient hospitalization	145710
services at state regional psychiatric hospitals and the estimated	145711
number of bed days that each board will incur in fiscal years 2012	145712
and 2013 in carrying out their duties under division (A)(11) of	145713
section 340.03 of the Revised Code. The Director may require each	145714
board to provide the Director with an estimate of the number of	145715
bed days the board will incur in fiscal years 2012 and 2013 for	145716
such purpose.	145717

(C) All of the following apply to the funds allocated to a	145718
board under this section:	145719

(1) Subject to divisions (C)(2) and (3) of this section, the	145720
board shall use the funds to pay for expenditures the board incurs	145721
in fiscal years 2012 and 2013 under division (A)(11) of section	145722
340.03 of the Revised Code in paying for inpatient hospitalization	145723
services provided by state regional psychiatric hospitals to	145724
persons involuntarily committed to the board pursuant to Chapter	145725
5122. of the Revised Code.	145726

(2) If the amount of the funds allocated to the board and	145727
used for the purpose specified in division (C)(1) of this section	145728
exceeds the amount that the board needs to pay for its	145729
expenditures identified in division (C)(1) of this section, the	145730
Director may permit the board to use the excess funds for the	145731
board's community mental health plan developed under division	145732
(A)(1)(c) of section 340.03 of the Revised Code.	145733

(3) If the Director approves, the board may have a portion of	145734
the funds deposited into the Department of Mental Health Risk	145735
Fund.	145736

(D) Notwithstanding the amendment by this act to section	145737
5119.62 of the Revised Code, the Department of Mental Health Risk	145738
Fund shall continue to exist in the state treasury for the purpose	145739
of this section until it is no longer needed. In addition to the	145740
money that is in the fund on the effective date of this section,	145741
the fund shall consist of money deposited into it pursuant to	145742
division (C)(3) of this section and all the fund's investment	145743
earnings. Money in the fund shall be used in accordance with	145744
guidelines that the Director shall develop in consultation with	145745
representatives of the boards.	145746

Section 337.30.20. COMMUNITY MEDICATION SUBSIDY

145747

The foregoing appropriation item 335419, Community Medication	145748
Subsidy, shall be used to provide subsidized support for	145749
psychotropic medication needs of indigent citizens in the	145750
community to reduce unnecessary hospitalization because of lack of	145751
medication and to provide subsidized support for methadone costs.	145752
This appropriation may be allocated to community mental health	145753
boards in accordance with a distribution methodology determined by	145754
the Director of Mental Health.	145755

Section 337.30.30. MENTAL HEALTH MEDICAID MATCH

145756

(A) As used in this section, "community mental health	145757
Medicaid services" means services provided under the component, or	145758
aspect of the component, of the Medicaid program that the	145759
Department of Mental Health administers pursuant to a contract	145760
entered into with the Department of Job and Family Services under	145761
section 5111.91 of the Revised Code.	145762

(B) Subject to division (C) of this section, the foregoing	145763
appropriation item 335501, Mental Health Medicaid Match, shall be	145764
used by the Department of Mental Health to make payments for	145765
community mental health Medicaid services.	145766

(C) For state fiscal year 2012, the Department shall allocate	145767
foregoing appropriation item 335501, Mental Health Medicaid Match,	145768
to boards of alcohol, drug addiction, and mental health services	145769
in accordance with a distribution methodology the Department shall	145770
establish. Notwithstanding sections 5111.911 and 5111.912 of the	145771
Revised Code, the boards shall use the funds allocated to them	145772
under this section to pay claims for community mental health	145773
Medicaid services provided during fiscal year 2012. The boards	145774
shall use all federal financial participation that the Department	145775
of Mental Health receives for claims paid for community mental	145776
health Medicaid services provided during fiscal year 2012 as the	145777
first payment source to pay claims for community mental health	145778
Medicaid services provided during fiscal year 2012. The boards are	145779
not required to use any funds other than the funds allocated to	145780
them under this section and the federal financial participation	145781
received for claims for community mental health Medicaid services	145782
provided during fiscal year 2012 to pay for such claims.	145783

(D) The Department shall enter into an agreement with each	145784
board regarding the issue of paying claims that are for community	145785
mental health Medicaid services provided before July 1, 2011, and	145786
submitted for payment on or after that date. Such claims shall be	145787
paid in accordance with the agreements. A board shall receive the	145788
federal financial participation received for claims for community	145789
mental health Medicaid services that were provided before July 1,	145790
2011, and paid by the board.	145791

Section 337.30.40. LOCAL MENTAL HEALTH SYSTEMS OF CARE

145792

The foregoing appropriation item 335505, Local Mental Health	145793
Systems of Care, shall be used by community mental health boards	145794
to purchase mental health services permitted under Chapter 340. of	145795
the Revised Code.	145796

Section 337.30.50. RESIDENTIAL STATE SUPPLEMENT

145797

(A)(1) On July 1, 2011, the Residential State Supplement	145798
Program is transferred from the Department of Aging to the	145799
Department of Mental Health. The transferred program is thereupon	145800
and thereafter successor to, assumes the obligations of, and	145801
otherwise constitutes the continuation of the program as it was	145802
operated immediately prior to July 1, 2011. The transfer shall not	145803
affect persons receiving payments under the program on July 1,	145804
2011.	145805

(2) Any business of the program commenced but not completed	145806
before July 1, 2011 shall be completed by the Department of Mental	145807
Health. The business shall be completed in the same manner, and	145808
with the same effect, as if completed by the Department of Aging	145809
immediately prior to July 1, 2011. No validation, cure, right,	145810
privilege, remedy, obligation, or liability pertaining to the	145811
program is lost or impaired by reason of the program's transfer to	145812
the Department of Mental Health. Each such validation, cure,	145813
right, privilege, remedy, obligation, or liability shall be	145814
administered by the Department of Mental Health pursuant to	145815
sections 5119.69, 5119.691, and 5119.692 of the Revised Code.	145816

(3) All rules, orders, and determinations pertaining to the	145817
program as it was operated immediately prior to July 1, 2011	145818
continue in effect as rules, orders, and determinations of the	145819
Department of Mental Health until modified or rescinded by the	145820
Department of Mental Health. If necessary to ensure the integrity	145821
of the numbering system of the Administrative Code, the Director	145822
of the Legislative Service Commission shall renumber the rules to	145823
reflect the transfer of the Residential State Supplement Program	145824
from the Department of Aging to the Department of Mental Health.	145825

(4) Any action or proceeding that is related to the functions	145826
or duties of the Residential State Supplement Program pending on	145827
July 1, 2011 is not affected by the transfer of the program and	145828
shall be prosecuted or defended in the name of the Department of	145829
Mental Health. In all such actions and proceedings, the Department	145830
of Mental Health, on application to the court, shall be	145831
substituted as a party.	145832

(B) The foregoing appropriation item 335506, Residential	145833
State Supplement, may be used by the Department of Mental Health	145834
to provide training for adult care facilities serving residents	145835
with mental illness, to transfer cash to the Nursing Home	145836
Franchise Permit Fee Fund (Fund 5R20) used by the Department of	145837
Job and Family Services, and to make benefit payments to	145838
residential state supplement recipients. Under the Residential	145839
State Supplement Program, the amount used to determine whether a	145840
resident is eligible for payment, and for determining the amount	145841
per month the eligible resident will receive, shall be as follows:	145842

(1) $927 for a residential care facility, as defined in	145843
section 3721.01 of the Revised Code;	145844

(2) $927 for an adult group home, as defined in section	145845
5119.70 of the Revised Code;	145846

(3) $824 for an adult foster home, as defined in section	145847
5119.692 of the Revised Code;	145848

(4) $824 for an adult family home, as defined in section	145849
5119.70 of the Revised Code;	145850

(5) $824 for a residential facility, as identified in	145851
division (C)(1)(c) of section 5119.69 of the Revised Code; and	145852

(6) $618 for community mental health housing services, as	145853
identified in division (C)(1)(d) of section 5119.69 of the Revised	145854
Code.	145855

The Department of Mental Health shall reflect these amounts	145856
in any applicable rules the Department adopts under section	145857
5119.69 of the Revised Code.	145858

Section 337.30.60. BEHAVIORAL HEALTH MEDICAID SERVICES

145859

The Department of Mental Health shall administer specified	145860
Medicaid services as delegated by the Department of Job and Family	145861
Services in an interagency agreement. The foregoing appropriation	145862
item 333607, Behavioral Health Medicaid Services, may be used to	145863
make payments for free-standing psychiatric hospital inpatient	145864
services as defined in an interagency agreement with the	145865
Department of Job and Family Services.	145866

Section 337.30.70. FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING	145867
POOL	145868

A county family and children first council may establish and	145869
operate a flexible funding pool in order to assure access to	145870
needed services by families, children, and older adults in need of	145871
protective services. The operation of the flexible funding pools	145872
shall be subject to the following restrictions:	145873

(A) The county council shall establish and operate the	145874
flexible funding pool in accordance with formal guidance issued by	145875
the Family and Children First Cabinet Council;	145876

(B) The county council shall produce an annual report on its	145877
use of the pooled funds. The annual report shall conform to a	145878
format prescribed in the formal guidance issued by the Family and	145879
Children First Cabinet Council;	145880

(C) Unless otherwise restricted, funds transferred to the	145881
flexible funding pool may include state general revenues allocated	145882
to local entities to support the provision of services to families	145883
and children;	145884

(D) The amounts transferred to the flexible funding pool	145885
shall be limited to amounts that can be redirected without	145886
impairing the achievement of the objectives for which the initial	145887
allocation is designated; and	145888

(E) Each amount transferred to the flexible funding pool from	145889
a specific allocation shall be approved for transfer by the	145890
director of the local agency that was the original recipient of	145891
the allocation.	145892

Section 337.30.75. TRANSITION FOR CURRENTLY CERTIFIED ADULT	145893
FOSTER HOMES	145894

On July 1, 2011, the certification of adult foster homes is	145895
transferred from the Department of Aging to the Department of	145896
Mental Health. A certification that was issued by the Director of	145897
Aging to an adult foster home under former section 175.36 of the	145898
Revised Code and that is current and valid on the effective date	145899
of section 5119.692 of the Revised Code, as enacted by this act,	145900
is deemed to be a certificate issued by the Director of Mental	145901
Health under those sections.	145902

Any business regarding the certification of adult foster	145903
homes commenced but not completed before July 1, 2011 shall be	145904
completed by the Department of Mental Health. The business shall	145905
be completed in the same manner, and with the same effect, as if	145906
completed by the Department of Aging immediately prior to July 1,	145907
2011.	145908

No validation, cure, right, privilege, remedy, obligation, or	145909
liability is lost or impaired by reason of this act's transfer of	145910
responsibility to the Department of Mental Health, from the	145911
Department of Aging, for the certification of adult foster homes.	145912

Each such validation, cure, right, privilege, remedy,	145913
obligation, or liability shall be administered by the Department	145914
of Mental Health pursuant to section 5119.692 of the Revised Code.	145915

All rules, orders, and determinations pertaining to the	145916
certification of adult foster homes as it was operated immediately	145917
prior to July 1, 2011 shall continue in effect as rules, orders,	145918
and determinations of the Department of Mental Health until	145919
modified or rescinded by the Department of Mental Health. If	145920
necessary to ensure the integrity of the numbering system of the	145921
Administrative Code, the Director of the Legislative Service	145922
Commission shall renumber the rules to reflect the transfer of the	145923
certification of adult foster homes from the Department of Aging	145924
to the Department of Mental Health.	145925

Any action or proceeding that is related to the functions or	145926
duties of the certification of adult foster homes pending on July	145927
1, 2011 is not affected by the transfer of the certification and	145928
shall be prosecuted or defended in the name of the Department of	145929
Mental Health. In all such actions and proceedings, the Department	145930
of Mental Health, on application to the court, shall be	145931
substituted as a party.	145932

Section 337.30.80. TRANSITION FOR CURRENTLY LICENSED ADULT	145933
CARE FACILITIES	145934

On July 1, 2011, the licensing of adult care facilities is	145935
transferred from the Department of Health to the Department of	145936
Mental Health. A license that was issued by the Director of Health	145937
to an adult care facility under former Chapter 3722. of the	145938
Revised Code and that is current and valid on the effective date	145939
of sections 5119.70 to 5119.88 of the Revised Code, as enacted by	145940
this act, is deemed to be a license issued by the Director of	145941
Mental Health under those sections.	145942

Any business regarding the licensing of adult care facilities	145943
commenced but not completed before July 1, 2011 shall be completed	145944
by the Department of Mental Health. The business shall be	145945
completed in the same manner, and with the same effect, as if	145946
completed by the Department of Health immediately prior to July 1,	145947
2011.	145948

No validation, cure, right, privilege, remedy, obligation, or	145949
liability is lost or impaired by reason of this act's transfer of	145950
responsibility to the Department of Mental Health, from the	145951
Department of Health, for the licensing of adult care facilities.	145952
Each such validation, cure, right, privilege, remedy, obligation,	145953
or liability shall be administered by the Department of Mental	145954
Health pursuant to sections 5119.70 to 5119.88 of the Revised	145955
Code.	145956

All rules, orders, and determinations pertaining to the	145957
licensing of adult care facilities as it was operated immediately	145958
prior to July 1, 2011 shall continue in effect as rules, orders,	145959
and determinations of the Department of Mental Health until	145960
modified or rescinded by the Department of Mental Health. If	145961
necessary to ensure the integrity of the numbering system of the	145962
Administrative Code, the Director of the Legislative Service	145963
Commission shall renumber the rules to reflect the transfer of the	145964
licensing of adult care facilities from the Department of Health	145965
to the Department of Mental Health.	145966

Any action or proceeding that is related to the functions or	145967
duties of the licensing of adult care facilities pending on July	145968
1, 2011 is not affected by the transfer of the licensing and shall	145969
be prosecuted or defended in the name of the Department of Mental	145970
Health. In all such actions and proceedings, the Department of	145971
Mental Health, on application to the court, shall be substituted	145972
as a party.	145973

Section 337.30.90. BEHAVIORAL HEALTH DOCUMENTATION REDUCTION

145974

(A) As used in this section:

145975

(1) "Community behavioral health services and programs" means	145976
both of the following:	145977

(a) Community mental health services certified by the	145978
Director of Mental Health under section 5119.611 of the Revised	145979
Code;	145980

(b) Alcohol and drug addiction programs certified by the	145981
Department of Alcohol and Drug Addiction Services under section	145982
3793.06 of the Revised Code.	145983

(2) "Residential facility" has the same meaning as in section	145984
5119.22 of the Revised Code.	145985

(B) Not later than December 31, 2011, the Directors of Mental	145986
Health and Alcohol and Drug Addiction Services, or their	145987
designees, shall, in consultation with persons interested in the	145988
issues of residential facilities and community behavioral health	145989
services and programs, do all of the following:	145990

(1) Identify areas of duplicative and unnecessary	145991
documentation requirements associated with licensing residential	145992
facilities and certifying community behavioral health services and	145993
programs;	145994

(2) Align the documentation standards of the Departments of	145995
Mental Health and Alcohol and Drug Addiction Services;	145996

(3) Streamline the Departments' standards regarding	145997
residential facilities and community behavioral health services	145998
and programs with federal standards;	145999

(4) Promote the integration of behavioral and physical health	146000
in residential facilities and community behavioral health services	146001
and programs.	146002

Section 339.10. MIH COMMISSION ON MINORITY HEALTH

146003

General Revenue Fund	146004

GRF	149321	Operating Expenses	$	423,588	$	408,990	146005
GRF	149501	Minority Health Grants	$	1,061,600	$	1,061,600	146006
GRF	149502	Lupus Program	$	110,047	$	110,047	146007
TOTAL GRF General Revenue Fund			$	1,595,235	$	1,580,637	146008

Federal Special Revenue Fund Group	146009

3J90	149602	Federal Grants	$	140,000	$	140,000	146010
TOTAL FED Federal Special Revenue							146011
Fund Group			$	140,000	$	140,000	146012

State Special Revenue Fund Group	146013

4C20	149601	Minority Health Conference	$	25,000	$	25,000	146014
TOTAL SSR State Special Revenue							146015
Fund Group			$	25,000	$	25,000	146016
TOTAL ALL BUDGET FUND GROUPS			$	1,760,235	$	1,745,637	146017

Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR	146019
REGISTRATION BOARD	146020

General Services Fund Group	146021

4K90	865601	Operating Expenses	$	331,841	$	324,292	146022
TOTAL GSF General Services							146023
Fund Group			$	331,841	$	324,292	146024
TOTAL ALL BUDGET FUND GROUPS			$	331,841	$	324,292	146025

Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES

146027

General Revenue Fund	146028

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	146029
GRF	725413	Lease Rental Payments	$	20,568,600	$	19,734,700	146030
GRF	725456	Canal Lands	$	135,000	$	135,000	146031
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	146032
GRF	725903	Natural Resources General Obligation Debt Service	$	5,375,300	$	25,209,100	146033
GRF	727321	Division of Forestry	$	4,878,338	$	4,880,000	146034
GRF	729321	Office of Information Technology	$	194,118	$	197,117	146035
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	146036
GRF	736321	Division of Engineering	$	3,024,459	$	3,025,078	146037
GRF	737321	Division of Soil and Water Resources	$	4,982,961	$	4,983,356	146038
TOTAL GRF General Revenue Fund			$	73,858,776	$	92,864,351	146039

General Services Fund Group	146040

1550	725601	Departmental Projects	$	3,365,651	$	2,725,484	146041
1570	725651	Central Support Indirect	$	5,854,167	$	5,857,800	146042
2040	725687	Information Services	$	4,659,276	$	4,643,835	146043
2070	725690	Real Estate Services	$	50,000	$	50,000	146044
2230	725665	Law Enforcement Administration	$	2,106,776	$	2,126,432	146045
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	146046
4300	725671	Canal Lands	$	907,618	$	907,879	146047
4D50	725618	Recycled Materials	$	50,000	$	50,000	146048
4S90	725622	NatureWorks Personnel	$	400,358	$	400,358	146049
4X80	725662	Water Resources Council	$	138,011	$	138,005	146050
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	146051
5160	725620	Water Management	$	2,541,565	$	2,559,292	146052
6350	725664	Fountain Square Facilities Management	$	3,544,623	$	3,548,445	146053
6970	725670	Submerged Lands	$	836,162	$	848,546	146054
TOTAL GSF General Services							146055
Fund Group			$	25,194,318	$	24,596,187	146056

Federal Special Revenue Fund Group	146057

3320	725669	Federal Mine Safety Grant	$	258,102	$	258,102	146058
3B30	725640	Federal Forest Pass-Thru	$	600,000	$	600,000	146059
3B40	725641	Federal Flood Pass-Thru	$	600,000	$	600,000	146060
3B50	725645	Federal Abandoned Mine Lands	$	21,007,667	$	21,207,667	146061
3B60	725653	Federal Land and Water Conservation Grants	$	1,150,000	$	1,150,000	146062
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	146063
3P10	725632	Geological Survey - Federal	$	692,401	$	692,401	146064
3P20	725642	Oil and Gas-Federal	$	234,509	$	234,509	146065
3P30	725650	Coastal Management - Federal	$	3,290,633	$	3,290,633	146066
3P40	725660	Federal - Soil and Water Resources	$	1,213,048	$	1,209,957	146067
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	2,025,001	$	2,025,001	146068
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	146069
TOTAL FED Federal Special Revenue							146070
Fund Group			$	36,121,361	$	36,318,270	146071

State Special Revenue Fund Group	146072

4J20	725628	Injection Well Review	$	130,899	$	128,466	146073
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	146074
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	146075
5090	725602	State Forest	$	7,891,747	$	7,058,793	146076
5110	725646	Ohio Geological Mapping	$	704,777	$	705,130	146077
5120	725605	State Parks Operations	$	32,284,117	$	31,550,444	146078
5140	725606	Lake Erie Shoreline	$	1,502,654	$	1,505,983	146079
5180	725643	Oil and Gas Permit Fees	$	5,821,970	$	5,623,645	146080
5180	725677	Oil and Gas Well Plugging	$	800,000	$	800,000	146081
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	146082
5220	725656	Natural Areas and Preserves	$	546,580	$	546,639	146083
5260	725610	Strip Mining Administration Fee	$	2,000,000	$	2,000,000	146084
5270	725637	Surface Mining Administration	$	1,940,977	$	1,941,532	146085
5290	725639	Unreclaimed Land Fund	$	2,004,180	$	2,004,180	146086
5310	725648	Reclamation Forfeiture	$	1,423,000	$	1,423,000	146087
5320	725644	Litter Control and Recycling	$	4,926,730	$	4,911,575	146088
5860	725633	Scrap Tire Program	$	1,497,645	$	1,497,645	146089
5B30	725674	Mining Regulation	$	28,135	$	28,135	146090
5BV0	725658	Heidelberg Water Quality Lab	$	250,000	$	250,000	146091
5BV0	725683	Soil and Water Districts	$	8,000,000	$	8,000,000	146092
5CU0	725647	Mine Safety	$	3,000,000	$	3,000,000	146093
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	146094
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	146095
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	146096
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	146097
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	146098
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	146099
6150	725661	Dam Safety	$	925,344	$	926,028	146100
TOTAL SSR State Special Revenue							146101
Fund Group			$	76,073,745	$	74,296,185	146102

Clean Ohio Conservation Fund Group	146103

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		146104
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		146105

Wildlife Fund Group	146106

5P20	725634	Wildlife Boater Angler Administration	$	4,000,000	$	4,000,000	146107
7015	740401	Division of Wildlife Conservation	$	52,721,044	$	51,669,158	146108
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	146109
8160	725649	Wetlands Habitat	$	966,885	$	966,885	146110
8170	725655	Wildlife Conservation Checkoff Fund	$	3,240,000	$	3,240,000	146111
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	146112
8190	725685	Ohio River Management	$	128,584	$	128,584	146113
TOTAL WLF Wildlife Fund Group			$	62,676,962	$	61,625,076	146114

Waterways Safety Fund Group	146115

7086	725414	Waterways Improvement	$	5,692,601	$	5,693,671	146116
7086	725418	Buoy Placement	$	52,182	$	52,182	146117
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	146118
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	146119
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	146120
7086	725693	Grand Lake St. Marys Mitigation	$	4,000,000	$	0	146121
7086	739401	Division of Watercraft	$	18,040,593	$	17,552,370	146122
TOTAL WSF Waterways Safety Fund							146123
Group			$	28,848,172	$	24,361,019	146124

Accrued Leave Liability Fund Group	146125

4M80	725675	FOP Contract	$	20,219	$	20,219	146126
TOTAL ALF Accrued Leave							146127
Liability Fund Group			$	20,219	$	20,219	146128

Holding Account Redistribution Fund Group	146129

R017	725659	Performance Cash Bond Refunds	$	296,263	$	296,263	146130
R043	725624	Forestry	$	2,000,000	$	2,154,750	146131
TOTAL 090 Holding Account							146132
Redistribution Fund Group			$	2,296,263	$	2,451,013	146133
TOTAL ALL BUDGET FUND GROUPS			$	305,390,591	$	316,833,095	146134

Section 343.20. CENTRAL SUPPORT INDIRECT

146136

With the exception of the Division of Wildlife, whose direct	146137
and indirect central support charges shall be paid out of the	146138
General Revenue Fund from the foregoing appropriation item 725401,	146139
Wildlife-GRF Central Support, the Department of Natural Resources,	146140
with approval of the Director of Budget and Management, shall	146141
utilize a methodology for determining each division's payments	146142
into the Central Support Indirect Fund (Fund 1570). The	146143
methodology used shall contain the characteristics of	146144
administrative ease and uniform application in compliance with	146145
federal grant requirements. It may include direct cost charges for	146146
specific services provided. Payments to Fund 1570 shall be made	146147
using an intrastate transfer voucher.	146148

Section 343.30. WELL LOG FILING FEES

146149

The Chief of the Division of Soil and Water Resources shall	146150
deposit fees forwarded to the Division pursuant to section 1521.05	146151
of the Revised Code into the Departmental Services – Intrastate	146152
Fund (Fund 1550) for the purposes described in that section.	146153

Section 343.40. LEASE RENTAL PAYMENTS

146154

The foregoing appropriation item 725413, Lease Rental	146155
Payments, shall be used to meet all payments at the times they are	146156
required to be made during the period from July 1, 2011, through	146157
June 30, 2013, by the Department of Natural Resources pursuant to	146158
leases and agreements made under section 154.22 of the Revised	146159
Code. These appropriations are the source of funds pledged for	146160
bond service charges or obligations issued pursuant to Chapter	146161
154. of the Revised Code.	146162

CANAL LANDS

146163

The foregoing appropriation item 725456, Canal Lands, shall	146164
be used to transfer funds to the Canal Lands Fund (Fund 4300) to	146165
provide operating expenses for the State Canal Lands Program. The	146166
transfer shall be made using an intrastate transfer voucher and	146167
shall be subject to the approval of the Director of Budget and	146168
Management.	146169

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

146170

The foregoing appropriation item 725903, Natural Resources	146171
General Obligation Debt Service, shall be used to pay all debt	146172
service and related financing costs during the period July 1,	146173
2011, through June 30, 2013, on obligations issued under sections	146174
151.01 and 151.05 of the Revised Code.	146175

Section 343.40.10. LAW ENFORCEMENT ADMINISTRATION

146176

The foregoing appropriation item 725665, Law Enforcement	146177
Administration, shall be used to cover the cost of support,	146178
coordination, and oversight of the Department of Natural	146179
Resources' law enforcement functions. The Law Enforcement	146180
Administration Fund (Fund 2230) shall consist of cash transferred	146181
to it via intrastate transfer voucher from other funds as	146182
determined by the Director of Natural Resources and the Director	146183
of Budget and Management.	146184

Section 343.40.20. FOUNTAIN SQUARE

146185

The foregoing appropriation item 725664, Fountain Square	146186
Facilities Management, shall be used for payment of repairs,	146187
renovation, utilities, property management, and building	146188
maintenance expenses for the Fountain Square complex. Cash	146189
transferred by intrastate transfer vouchers from various	146190
department funds and rental income received by the Department of	146191
Natural Resources shall be deposited into the Fountain Square	146192
Facilities Management Fund (Fund 6350).	146193

Section 343.40.30. SOIL AND WATER DISTRICTS

146194

In addition to state payments to soil and water conservation	146195
districts authorized by section 1515.10 of the Revised Code, the	146196
Department of Natural Resources may use appropriation item 725683,	146197
Soil and Water Districts, to pay any soil and water conservation	146198
district an annual amount not to exceed $40,000, upon receipt of a	146199
request and justification from the district and approval by the	146200
Ohio Soil and Water Conservation Commission. The county auditor	146201
shall credit the payments to the special fund established under	146202
section 1515.10 of the Revised Code for the local soil and water	146203
conservation district. Moneys received by each district shall be	146204
expended for the purposes of the district.	146205

TRANSFER OF FUNDS FOR OIL AND GAS DIVISION OPERATIONS

146206

During fiscal years 2012 and 2013, the Director of Budget and	146207
Management may, in consultation with the Director of Natural	146208
Resources, transfer such cash as necessary from the General	146209
Revenue Fund to the Oil and Gas Well Fund (Fund 5180) for handling	146210
the increased regulatory work related to the expansion of oil and	146211
gas drilling that will occur before receipts from this activity	146212
are deposited into Fund 5180. Once funds from severance taxes,	146213
application and permitting fees, and other sources have accrued to	146214
Fund 5180 in such amounts as are deemed sufficient to sustain	146215
expanded operations, the Director of Budget and Management, in	146216
consultation with the Director of Natural Resources, shall	146217
establish a schedule for repaying the transferred funds from Fund	146218
5180 to the General Revenue Fund.	146219

OIL AND GAS WELL PLUGGING

146220

The foregoing appropriation item 725677, Oil and Gas Well	146221
Plugging, shall be used exclusively for the purposes of plugging	146222
wells and to properly restore the land surface of idle and orphan	146223
oil and gas wells pursuant to section 1509.071 of the Revised	146224
Code. No funds from the appropriation item shall be used for	146225
salaries, maintenance, equipment, or other administrative	146226
purposes, except for those costs directly attributed to the	146227
plugging of an idle or orphan well. This appropriation item shall	146228
not be used to transfer cash to any other fund or appropriation	146229
item.	146230

LITTER CONTROL AND RECYCLING

146231

Of the foregoing appropriation item 725644, Litter Control	146232
and Recycling, up to $1,500,000 may be used in each fiscal year	146233
for the administration of the Recycling and Litter Prevention	146234
Program.	146235

Section 343.40.40. CLEAN OHIO OPERATING EXPENSES

146236

The foregoing appropriation item 725405, Clean Ohio	146237
Operating, shall be used by the Department of Natural Resources in	146238
administering Clean Ohio Trail Fund (Fund 7061) projects pursuant	146239
to section 1519.05 of the Revised Code.	146240

Section 343.40.50. WATERCRAFT MARINE PATROL

146241

Of the foregoing appropriation item 739401, Division of	146242
Watercraft, up to $200,000 in each fiscal year shall be expended	146243
for the purchase of equipment for marine patrols qualifying for	146244
funding from the Department of Natural Resources pursuant to	146245
section 1547.67 of the Revised Code. Proposals for equipment shall	146246
accompany the submission of documentation for receipt of a marine	146247
patrol subsidy pursuant to section 1547.67 of the Revised Code and	146248
shall be loaned to eligible marine patrols pursuant to a	146249
cooperative agreement between the Department of Natural Resources	146250
and the eligible marine patrol.	146251

Section 343.40.60. TRANSFER FOR GRAND LAKE ST. MARYS	146252
MITIGATION	146253

On July 1, 2011, or as soon as possible thereafter, the	146254
Director of Natural Resources may request the Director of Budget	146255
and Management to transfer up to $4,000,000 in cash from the	146256
Watercraft Revolving Loan Fund (Fund 5AW0) to the Waterways Safety	146257
Fund (Fund 7086) to support toxic algae mitigation activities at	146258
Grand Lake St. Marys State Park. The amount transferred is hereby	146259
appropriated to appropriation item 725693, Grand Lake St. Marys	146260
Mitigation.	146261

Section 343.50. PARKS CAPITAL EXPENSES FUND

146262

The Director of Natural Resources shall submit to the	146263
Director of Budget and Management the estimated design,	146264
engineering, and planning costs of capital-related work to be done	146265
by Department of Natural Resources staff for parks projects within	146266
the Ohio Parks and Recreation Improvement Fund (Fund 7035). If the	146267
Director of Budget and Management approves the estimated costs,	146268
the Director may release appropriations from appropriation item	146269
C725E6, Project Planning, Fund 7035, for those purposes. Upon	146270
release of the appropriations, the Department of Natural Resources	146271
shall pay for these expenses from the Parks Capital Expenses Fund	146272
(Fund 2270). Expenses paid from Fund 2270 shall be reimbursed by	146273
Fund 7035 using an intrastate transfer voucher.	146274

NATUREWORKS CAPITAL EXPENSES FUND

146275

The Department of Natural Resources shall periodically	146276
prepare and submit to the Director of Budget and Management the	146277
estimated design, planning, and engineering costs of	146278
capital-related work to be done by Department of Natural Resources	146279
staff for each capital improvement project within the Ohio Parks	146280
and Natural Resources Fund (Fund 7031). If the Director of Budget	146281
and Management approves the estimated costs, the Director may	146282
release appropriations from appropriation item C725E5, Project	146283
Planning, in Fund 7031, for those purposes. Upon release of the	146284
appropriations, the Department of Natural Resources shall pay for	146285
these expenses from the Capital Expenses Fund (Fund 4S90).	146286
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by	146287
using an intrastate transfer voucher.	146288

Section 345.10. NUR STATE BOARD OF NURSING

146289

General Services Fund Group	146290

4K90	884609	Operating Expenses	$	6,943,322	$	6,680,896	146291
5AC0	884602	Nurse Education Grant Program	$	1,373,506	$	1,373,506	146292
5P80	884601	Nursing Special Issues	$	5,000	$	5,000	146293
TOTAL GSF General Services							146294
Fund Group			$	8,321,828	$	8,059,402	146295
TOTAL ALL BUDGET FUND GROUPS			$	8,321,828	$	8,059,402	146296

Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	146298
AND ATHLETIC TRAINERS BOARD	146299

General Services Fund Group	146300

4K90	890609	Operating Expenses	$	874,087	$	866,169	146301
TOTAL GSF General Services Fund Group			$	874,087	$	866,169	146302
TOTAL ALL BUDGET FUND GROUPS			$	874,087	$	866,169	146303

Section 349.10. OLA OHIOANA LIBRARY ASSOCIATION

146305

General Revenue Fund	146306

GRF	355501	Library Subsidy	$	120,000	$	120,000	146307
TOTAL GRF General Revenue Fund			$	120,000	$	120,000	146308
TOTAL ALL BUDGET FUND GROUPS			$	120,000	$	120,000	146309

Section 351.10. ODB OHIO OPTICAL DISPENSERS BOARD

146311

General Services Fund Group	146312

4K90	894609	Operating Expenses	$	357,039	$	347,300	146313
TOTAL GSF General Services							146314
Fund Group			$	357,039	$	347,300	146315
TOTAL ALL BUDGET FUND GROUPS			$	357,039	$	347,300	146316

Section 353.10. OPT STATE BOARD OF OPTOMETRY

146318

General Services Fund Group	146319

4K90	885609	Operating Expenses	$	356,914	$	347,278	146320
TOTAL GSF General Services							146321
Fund Group			$	356,914	$	347,278	146322
TOTAL ALL BUDGET FUND GROUPS			$	356,914	$	347,278	146323

Section 355.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	146325
AND PEDORTHICS	146326

General Services Fund Group	146327

4K90	973609	Operating Expenses	$	126,340	$	114,218	146328
TOTAL GSF General Services							146329
Fund Group			$	126,340	$	114,218	146330
TOTAL ALL BUDGET FUND GROUPS			$	126,340	$	114,218	146331

Section 357.10. UST PETROLEUM UNDERGROUND STORAGE TANK	146332
RELEASE COMPENSATION BOARD	146333

Agency Fund Group	146334

6910	810632	PUSTRCB Staff	$	1,162,179	$	1,123,014	146335
TOTAL AGY Agency Fund Group			$	1,162,179	$	1,123,014	146336
TOTAL ALL BUDGET FUND GROUPS			$	1,162,179	$	1,123,014	146337

Section 359.10. PRX STATE BOARD OF PHARMACY

146339

General Services Fund Group	146340

4A50	887605	Drug Law Enforcement	$	150,000	$	150,000	146341
4K90	887609	Operating Expenses	$	6,608,498	$	6,701,285	146342
TOTAL GSF General Services Fund Group			$	6,758,498	$	6,851,285	146343

Federal Special Revenue Fund Group	146344

3CT0	887606	2008 Developing/Enhancing PMP	$	70,775	$	0	146345
3DV0	887607	Enhancing Ohio's PMP	$	169,888	$	2,379	146346
3EY0	887603	Administration of PMIX Hub	$	320,637	$	66,335	146347
3EZ0	887610	NASPER 10	$	164,459		27,710	146348
TOTAL FED Federal Special Revenue Fund Group			$	725,759	$	96,424	146349
TOTAL ALL BUDGET FUND GROUPS			$	7,484,257	$	6,947,709	146350

Section 361.10. PSY STATE BOARD OF PSYCHOLOGY

146352

General Services Fund Group	146353

4K90	882609	Operating Expenses	$	525,394	$	535,406	146354
TOTAL GSF General Services							146355
Fund Group			$	525,394	$	535,406	146356
TOTAL ALL BUDGET FUND GROUPS			$	525,394	$	535,406	146357

Section 363.10. PUB OHIO PUBLIC DEFENDER COMMISSION

146359

General Revenue Fund	146360

GRF	019401	State Legal Defense Services	$	2,610,272	$	3,020,855	146361
GRF	019403	Multi-County: State Share	$	338,931	$	406,626	146362
GRF	019404	Trumbull County - State Share	$	99,321	$	119,158	146363
GRF	019405	Training Account	$	50,000	$	50,000	146364
GRF	019501	County Reimbursement	$	2,565,398	$	3,077,786	146365
TOTAL GRF General Revenue Fund			$	5,663,922	$	6,674,425	146366

General Services Fund Group	146367

4070	019604	County Representation	$	231,076	$	231,754	146368
4080	019605	Client Payments	$	1,052,919	$	953,492	146369
5CX0	019617	Civil Case Filing Fee	$	708,654	$	705,713	146370
TOTAL GSF General Services							146371
Fund Group			$	1,992,649	$	1,890,959	146372

Federal Special Revenue Fund Group	146373

3S80	019608	Federal Representation	$	341,733	$	263,431	146374
TOTAL FED Federal Special Revenue							146375
Fund Group			$	341,733	$	263,431	146376

State Special Revenue Fund Group	146377

4C70	019601	Multi-County: County Share	$	3,324,009	$	3,333,014	146378
4N90	019613	Gifts and Grants	$	35,000	$	35,000	146379
4X70	019610	Trumbull County - County Share	$	974,069	$	976,612	146380
5740	019606	Civil Legal Aid	$	24,000,000	$	27,000,000	146381
5DY0	019618	Indigent Defense Support - County Share	$	42,195,000	$	43,125,000	146382
5DY0	019619	Indigent Defense Support Fund - State Office	$	6,521,723	$	6,096,759	146383
TOTAL SSR State Special Revenue							146384
Fund Group			$	77,049,801	$	80,566,385	146385
TOTAL ALL BUDGET FUND GROUPS			$	85,048,105	$	89,395,200	146386

INDIGENT DEFENSE OFFICE

146387

The foregoing appropriation items 019404, Trumbull County -	146388
State Share, and 019610, Trumbull County - County Share, shall be	146389
used to support an indigent defense office for Trumbull County.	146390

MULTI-COUNTY OFFICE

146391

The foregoing appropriation items 019403, Multi-County: State	146392
Share, and 019601, Multi-County: County Share, shall be used to	146393
support the Office of the Ohio Public Defender's Multi-County	146394
Branch Office Program.	146395

TRAINING ACCOUNT

146396

The foregoing appropriation item 019405, Training Account,	146397
shall be used by the Ohio Public Defender to provide legal	146398
training programs at no cost for private appointed counsel who	146399
represent at least one indigent defendant at no cost and for state	146400
and county public defenders and attorneys who contract with the	146401
Ohio Public Defender to provide indigent defense services.	146402

FEDERAL REPRESENTATION

146403

The foregoing appropriation item 019608, Federal	146404
Representation, shall be used to receive reimbursements from the	146405
federal courts when the Ohio Public Defender provides	146406
representation in federal court cases and to support	146407
representation in such cases.	146408

Section 365.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

146409

General Services Fund Group	146410

5F60	870622	Utility and Railroad Regulation	$	30,637,234	$	31,638,708	146411
5F60	870624	NARUC/NRRI Subsidy	$	158,000	$	158,000	146412
5F60	870625	Motor Transportation Regulation	$	4,976,641	$	5,971,218	146413
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	146414
TOTAL GSF General Services							146415
Fund Group			$	40,771,875	$	42,767,926	146416

Federal Special Revenue Fund Group	146417

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	146418
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	146419
3CU0	870627	Electric Market Modeling	$	91,183	$	0	146420
3EA0	870630	Energy Assurance Planning	$	384,000	$	384,000	146421
3ED0	870631	State Regulators Assistance	$	231,824	$	231,824	146422
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	146423
TOTAL FED Federal Special Revenue							146424
Fund Group			$	8,756,626	$	8,665,443	146425

State Special Revenue Fund Group	146426

4A30	870614	Grade Crossing Protection Devices-State	$	1,347,357	$	1,347,357	146427
4L80	870617	Pipeline Safety-State	$	181,992	$	181,992	146428
4S60	870618	Hazardous Material Registration	$	450,395	$	450,395	146429
4S60	870621	Hazardous Materials Base State Registration	$	373,346	$	373,346	146430
4U80	870620	Civil Forfeitures	$	277,347	$	277,496	146431
5590	870605	Public Utilities Territorial Administration	$	3,880	$	3,880	146432
5600	870607	Special Assessment	$	97,000	$	97,000	146433
5610	870606	Power Siting Board	$	631,508	$	631,618	146434
5BP0	870623	Wireless 9-1-1 Administration	$	36,440,000	$	18,220,000	146435
5HD0	870629	Radioactive Waste Transportation	$	98,800	$	98,800	146436
6380	870611	Biofuels/Municipal Waste Technology	$	570	$	0	146437
6610	870612	Hazardous Materials Transportation	$	898,800	$	898,800	146438
TOTAL SSR State Special Revenue							146439
Fund Group			$	40,800,995	$	22,580,684	146440
TOTAL ALL BUDGET FUND GROUPS			$	90,329,496	$	74,014,053	146441

COMMUNITY-VOICEMAIL SERVICE PILOT PROGRAM

146442

The Community-voicemail Service Pilot Program assessments	146443
authorized by Section 6 of Sub. S.B. 162 of the 128th General	146444
Assembly shall cease. These assessments shall be refunded without	146445
interest to those assessed under the program by the Public	146446
Utilities Commission within 60 days of the effective date of this	146447
section.	146448

Section 367.10. PWC PUBLIC WORKS COMMISSION

146449

General Revenue Fund	146450

GRF	150904	Conservation General Obligation Debt Service	$	21,953,000	$	29,297,300	146451
GRF	150907	State Capital Improvements	$	106,770,600	$	215,571,100	146452
		General Obligation Debt Service					146453
TOTAL GRF General Revenue Fund			$	128,723,600	$	244,868,400	146454

Clean Ohio Conservation Fund Group	146455

7056	150403		Clean Ohio Operating Expenses		$	300,000		$	288,980		146456
TOTAL 056 Clean Ohio Conservation Fund Group					$	300,000		$	288,980		146457

TOTAL ALL BUDGET FUND GROUPS

129,023,600

245,157,380

146458

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

146459

The foregoing appropriation item 150904, Conservation General	146460
Obligation Debt Service, shall be used to pay all debt service and	146461
related financing costs during the period from July 1, 2011,	146462
through June 30, 2013, at the times they are required to be made	146463
for obligations issued under sections 151.01 and 151.09 of the	146464
Revised Code.	146465

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

146466

The foregoing appropriation item 150907, State Capital	146467
Improvements General Obligation Debt Service, shall be used to pay	146468
all debt service and related financing costs during the period	146469
from July 1, 2011, through June 30, 2013, at the times they are	146470
required to be made for obligations issued under sections 151.01	146471
and 151.08 of the Revised Code.	146472

CLEAN OHIO OPERATING EXPENSES

146473

The foregoing appropriation item 150403, Clean Ohio Operating	146474
Expenses, shall be used by the Ohio Public Works Commission in	146475
administering Clean Ohio Conservation Fund (Fund 7056) projects	146476
pursuant to sections 164.20 to 164.27 of the Revised Code.	146477

REIMBURSEMENT TO THE GENERAL REVENUE FUND

146478

(A) On or before July 15, 2013, the Director of the Public	146479
Works Commission shall certify to the Director of Budget and	146480
Management the following:	146481

(1) The total amount disbursed from appropriation item	146482
700409, Farmland Preservation, during the FY 2012-FY 2013	146483
biennium; and	146484

(2) The amount of interest earnings that have been credited	146485
to the Clean Ohio Conservation Fund (Fund 7056) that are in excess	146486
of the amount needed for other purposes as calculated by the	146487
Director of the Public Works Commission.	146488

(B) If the Director of Budget and Management determines under	146489
division (A)(2) of this section that there are excess interest	146490
earnings, the Director of Budget and Management shall, on or	146491
before July 15, 2013, transfer the excess interest earnings to the	146492
General Revenue Fund in an amount equal to the total amount	146493
disbursed under division (A)(1) of this section from the Clean	146494
Ohio Conservation Fund (Fund 7056).	146495

Section 369.10. RAC STATE RACING COMMISSION

146496

State Special Revenue Fund Group	146497

5620	875601	Thoroughbred Race Fund	$	1,796,328	$	1,696,456	146498
5630	875602	Standardbred Development Fund	$	1,697,418	$	1,697,452	146499
5640	875603	Quarter Horse Development Fund	$	1,000	$	1,000	146500
5650	875604	Racing Commission Operating	$	3,095,331	$	2,934,178	146501
5C40	875607	Simulcast Horse Racing Purse	$	12,000,000	$	12,000,000	146502
TOTAL SSR State Special Revenue							146503
Fund Group			$	18,590,078	$	18,329,087	146504

Holding Account Redistribution Fund Group	146505

R021	875605	Bond Reimbursements	$	100,000	$	100,000	146506
TOTAL 090 Holding Account Redistribution							146507
Fund Group			$	100,000	$	100,000	146508
TOTAL ALL BUDGET FUND GROUPS			$	18,690,078	$	18,429,087	146509

Section 371.10. BOR BOARD OF REGENTS

146511

General Revenue Fund	146512

GRF	235321	Operating Expenses	$	2,300,000	$	2,300,000	146513
GRF	235401	Lease Rental Payments	$	83,151,600	$	57,634,400	146514
GRF	235402	Sea Grants	$	285,000	$	285,000	146515
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	146516
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	146517
GRF	235409	Information System	$	800,000	$	800,000	146518
GRF	235414	State Grants and Scholarship Administration	$	1,230,000	$	1,230,000	146519
GRF	235417	Ohio Learning Network	$	2,532,688	$	2,532,688	146520
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	146521
GRF	235433	Economic Growth Challenge	$	440,000	$	440,000	146522
GRF	235438	Choose Ohio First Scholarship	$	15,750,085	$	15,750,085	146523
GRF	235443	Adult Basic and Literacy Education - State	$	7,302,416	$	7,302,416	146524
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,317,547	$	15,317,547	146525
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	146526
GRF	235501	State Share of Instruction	$	1,735,530,031	$	1,751,225,497	146527
GRF	235502	Student Support Services	$	632,974	$	632,974	146528
GRF	235504	War Orphans Scholarships	$	4,787,833	$	4,787,833	146529
GRF	235507	OhioLINK	$	6,100,000	$	6,100,000	146530
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	146531
GRF	235510	Ohio Supercomputer Center	$	3,347,418	$	3,347,418	146532
GRF	235511	Cooperative Extension Service	$	22,220,910	$	22,220,910	146533
GRF	235514	Central State Supplement	$	11,503,651	$	10,928,468	146534
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	146535
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	146536
GRF	235520	Shawnee State Supplement	$	2,448,523	$	2,326,097	146537
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	146538
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	146539
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	146540
GRF	235535	Ohio Agricultural Research and Development Center	$	33,100,000	$	33,100,000	146541
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	146542
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	146543
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	146544
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	146545
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	146546
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	146547
GRF	235552	Capital Component	$	20,638,274	$	20,638,274	146548
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	146549
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	146550
GRF	235558	Long-term Care Research	$	195,300	$	195,300	146551
GRF	235563	Ohio College Opportunity Grant	$	80,284,265	$	80,284,265	146552
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	146553
GRF	235599	National Guard Scholarship Program	$	16,912,271	$	16,912,271	146554
GRF	235909	Higher Education General Obligation Debt Service	$	108,262,500	$	201,555,000	146555
TOTAL GRF General Revenue Fund			$	2,226,105,156	$	2,308,878,313	146556

General Services Fund Group	146557

2200	235614	Program Approval and Reauthorization	$	1,311,567	$	1,457,959	146558
4560	235603	Sales and Services	$	199,250	$	199,250	146559
5JC0	235649	Co-op Internship Program	$	14,000,000		14,000,000	146560
5JC0	235667	Ohio College Opportunity Grant-Proprietary	$	6,000,000	$	6,000,000	146561
5JC0	235668	Air Force Institute of Technology - Defense/Aerospace Graduate Studies Institute	$	4,000,000	$	4,000,000	146562
TOTAL GSF General Services							146563
Fund Group			$	25,510,817	$	25,657,209	146564

Federal Special Revenue Fund Group	146565

3120	235609	Tech Prep	$	183,850	$	183,850	146566
3120	235611	Gear-up Grant	$	3,900,000	$	3,900,000	146567
3120	235612	Carl D. Perkins Grant/Plan Administration	$	912,961	$	912,961	146568
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	146569
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	146570
3120	235659	Race to the Top Scholarship Program	$	2,400,000	$	3,780,000	146571
3120	235660	Race to the Top Educator Preparation Reform Initiative	$	448,000	$	1,120,000	146572
3120	235661	Americorps Grant	$	260,000	$	260,000	146573
3H20	235608	Human Services Project	$	3,500,000	$	3,500,000	146574
3N60	235638	College Access Challenge Grant	$	4,381,431	$	4,381,431	146575
TOTAL FED Federal Special Revenue							146576
Fund Group			$	34,021,913	$	36,073,913	146577

State Special Revenue Fund Group	146578

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	146579
5FR0	235640	Joyce Foundation Grant	$	919,719	$	919,719	146580
5FR0	235647	Developmental Education Initiatives	$	135,000	$	135,000	146581
5FR0	235657	Win-Win Grant	$	37,000	$	15,000	146582
5P30	235663	Variable Savings Plan	$	8,946,994	$	9,072,136	146583
6450	235664	Guaranteed Savings Plan	$	900,293	$	907,514	146584
6820	235606	Nursing Loan Program	$	891,320	$	891,320	146585
TOTAL SSR State Special Revenue							146586
Fund Group			$	11,859,426	$	11,969,789	146587

Third Frontier Research & Development Fund Group	146588

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	146589
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	146590
TOTAL ALL BUDGET FUND GROUPS			$	2,305,497,312	$	2,390,579,224	146591

Section 371.10.10. LEASE RENTAL PAYMENTS

146593

The foregoing appropriation item 235401, Lease Rental	146594
Payments, shall be used to meet all payments at the times they are	146595
required to be made during the period from July 1, 2011, through	146596
June 30, 2013, by the Chancellor of the Board of Regents under	146597
leases and agreements made under section 154.21 of the Revised	146598
Code. These appropriations are the source of funds pledged for	146599
bond service charges or obligations issued pursuant to Chapter	146600
154. of the Revised Code.	146601

Section 371.10.20. SEA GRANTS

146602

The foregoing appropriation item 235402, Sea Grants, shall be	146603
used as required matching Funds by The Ohio State University's Sea	146604
Grant program to enhance the economic value, public utilization,	146605
and responsible management of Lake Erie and Ohio's coastal	146606
resources.	146607

Section 371.10.30. ARTICULATION AND TRANSFER

146608

The foregoing appropriation item 235406, Articulation and	146609
Transfer, shall be used by the Chancellor of the Board of Regents	146610
to maintain and expand the work of the Articulation and Transfer	146611
Council to develop a system of transfer policies to ensure that	146612
students at state institutions of higher education can transfer	146613
and have coursework apply to their majors and degrees at any other	146614
state institution of higher education without unnecessary	146615
duplication or institutional barriers under sections 3333.16,	146616
3333.161, and 3333.162 of the Revised Code.	146617

Section 371.10.40. MIDWEST HIGHER EDUCATION COMPACT

146618

The foregoing appropriation item 235408, Midwest Higher	146619
Education Compact, shall be distributed by the Chancellor of the	146620
Board of Regents under section 3333.40 of the Revised Code.	146621

Section 371.10.50. INFORMATION SYSTEM

146622

The foregoing appropriation item 235409, Information System,	146623
shall be used by the Chancellor of the Board of Regents to support	146624
the development and implementation of information technology	146625
solutions designed to improve the performance and services of the	146626
Chancellor of the Board of Regents and the University System of	146627
Ohio. Information technology solutions shall be provided by the	146628
Ohio Academic Research Network (OARnet).	146629

Section 371.10.60. STATE GRANTS AND SCHOLARSHIP	146630
ADMINISTRATION	146631

The foregoing appropriation item 235414, State Grants and	146632
Scholarship Administration, shall be used by the Chancellor of the	146633
Board of Regents to administer the following student financial aid	146634
programs: Ohio College Opportunity Grant, Ohio War Orphans'	146635
Scholarship, Nurse Education Assistance Loan Program, Ohio Safety	146636
Officers College Memorial Fund, and any other student financial	146637
aid programs created by the General Assembly. The appropriation	146638
item also shall be used to support all state financial aid audits	146639
and student financial aid programs created by Congress, and to	146640
provide fiscal services for the Ohio National Guard Scholarship	146641
Program.	146642

Section 371.10.70. OHIO LEARNING NETWORK

146643

The foregoing appropriation item 235417, Ohio Learning	146644
Network, shall be used by the Chancellor of the Board of Regents	146645
to support the continued implementation of the Ohio Learning	146646
Network, a consortium organized under division (U) of section	146647
3333.04 of the Revised Code to expand access to dual enrollment	146648
opportunities for high school students, as well as adult and	146649
higher education opportunities through technology. The funds shall	146650
be used by the Ohio Learning Network to develop and promote	146651
learning and assessment through the use of technology, to test and	146652
provide advice on emerging learning-directed technologies, and to	146653
facilitate cost-effectiveness through shared educational	146654
technology investments.	146655

Of the foregoing appropriation item 235417, Ohio Learning	146656
Network, up to $250,000 in each fiscal year shall be used by the	146657
Chancellor of the Board of Regents to fund staff support and	146658
operations of the Ohio Digital Learning Task Force established in	146659
Section 371.60.80 of this act.	146660

Section 371.10.80. APPALACHIAN NEW ECONOMY PARTNERSHIP

146661

The foregoing appropriation item 235428, Appalachian New	146662
Economy Partnership, shall be distributed to Ohio University to	146663
continue a multi-campus and multi-agency coordinated effort to	146664
link Appalachia to the new economy. Ohio University shall use	146665
these funds to provide leadership in the development and	146666
implementation of initiatives in the areas of entrepreneurship,	146667
management, education, and technology.	146668

Section 371.10.90. ECONOMIC GROWTH CHALLENGE

146669

The foregoing appropriation item 235433, Economic Growth	146670
Challenge, shall be used for administrative expenses of the	146671
Research Incentive Program and other economic advancement	146672
initiatives undertaken by the Chancellor of the Board of Regents.	146673

The Chancellor of the Board of Regents shall use any	146674
appropriation transfer to the foregoing appropriation item 235433,	146675
Economic Growth Challenge, to enhance the basic research	146676
capabilities of public colleges and universities and accredited	146677
Ohio institutions of higher education holding certificates of	146678
authorization issued under section 1713.02 of the Revised Code, in	146679
order to strengthen academic research for pursuing Ohio's economic	146680
development goals.	146681

Section 371.20.10. CHOOSE OHIO FIRST SCHOLARSHIP

146682

The foregoing appropriation item 235438, Choose Ohio First	146683
Scholarship, shall be used to operate the program prescribed in	146684
sections 3333.60 to 3333.70 of the Revised Code.	146685

An amount equal to the unexpended, unencumbered portion of	146686
the foregoing appropriation item 235438, Choose Ohio First	146687
Scholarship, at the end of fiscal year 2012 is hereby	146688
reappropriated to the Board of Regents for the same purpose for	146689
fiscal year 2013.	146690

Section 371.20.20. ADULT BASIC AND LITERACY EDUCATION

146691

The foregoing appropriation item 235443, Adult Basic and	146692
Literacy Education - State, shall be used to support the adult	146693
basic and literacy education instructional grant program and state	146694
leadership program. The supported programs shall satisfy the state	146695
match and maintenance of effort requirements for the	146696
state-administered grant program.	146697

Section 371.20.30. POST-SECONDARY ADULT CAREER-TECHNICAL	146698
EDUCATION	146699

The foregoing appropriation item 235444, Post-Secondary Adult	146700
Career-Technical Education, shall be used by the Chancellor of the	146701
Board of Regents in each fiscal year to provide post-secondary	146702
adult career-technical education under sections 3313.52 and	146703
3313.53 of the Revised Code.	146704

Section 371.20.40. AREA HEALTH EDUCATION CENTERS

146705

The foregoing appropriation item 235474, Area Health	146706
Education Centers Program Support, shall be used by the Chancellor	146707
of the Board of Regents to support the medical school regional	146708
area health education centers' educational programs for the	146709
continued support of medical and other health professions	146710
education and for support of the Area Health Education Center	146711
Program.	146712

Section 371.20.50. STATE SHARE OF INSTRUCTION FORMULAS

146713

The Chancellor of the Board of Regents shall establish	146714
procedures to allocate the foregoing appropriation item 235501,	146715
State Share of Instruction, based on the formulas, enrollment,	146716
course completion, degree attainment, and student achievement	146717
factors in the instructional models set out in this section.	146718

(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COMPLETIONS

146719

(1) As soon as possible during each fiscal year of the	146720
biennium ending June 30, 2013, in accordance with instructions of	146721
the Board of Regents, each state-assisted institution of higher	146722
education shall report its actual enrollment, consistent with the	146723
definitions in the Higher Education Information (HEI) system's	146724
enrollment files, to the Chancellor of the Board of Regents.	146725

(2) In defining the number of full-time equivalent students	146726
for state subsidy purposes, the Chancellor of the Board of Regents	146727
shall exclude all undergraduate students who are not residents of	146728
Ohio, except those charged in-state fees in accordance with	146729
reciprocity agreements made under section 3333.17 of the Revised	146730
Code or employer contracts entered into under section 3333.32 of	146731
the Revised Code.	146732

(3) In calculating the core subsidy entitlements for	146733
university branch and main campuses, the Chancellor of the Board	146734
of Regents shall use the following count of FTE students:	146735

(a) The subsidy eligible enrollments by model shall equal	146736
only those FTE students who successfully complete the course as	146737
defined and reported through the Higher Education Information	146738
(HEI) system course enrollment file;	146739

(b) For those undergraduate FTE students with successful	146740
course completions, identified in division (A)(3)(a) of this	146741
section, that had an expected family contribution less than 2190	146742
or were determined to have been in need of remedial education	146743
shall be defined as at-risk students and shall have their eligible	146744
completions weighted by the following:	146745

(i) Campus-specific course completion rates by model;

146746

(ii) Campus-specific course completion indexes, where the	146747
indexes are calculated based upon the number of at-risk students	146748
enrolled during the 2009-2010 academic year; and	146749

(iii) A statewide average at-risk course completion weight	146750
determined for each subsidy model. The statewide average at-risk	146751
course completion weight shall be determined by calculating the	146752
difference between the percentage of traditional students who	146753
complete a course and the percentage of at-risk students who	146754
complete the same course.	146755

(4) In calculating the core subsidy entitlements for Medical	146756
II models only, students repeating terms may be no more than five	146757
per cent of current year enrollment.	146758

(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

146759

For purposes of calculating state share of instruction	146760
allocations, the total instructional costs per full-time	146761
equivalent student shall be:	146762

Model	Fiscal Year 2012	Fiscal Year 2013	146763
ARTS AND HUMANITIES 1	$8,000	$8,207	146764
ARTS AND HUMANITIES 2	$10,757	$11,036	146765
ARTS AND HUMANITIES 3	$13,853	$14,212	146766
ARTS AND HUMANITIES 4	$20,228	$20,751	146767
ARTS AND HUMANITIES 5	$32,605	$33,449	146768
ARTS AND HUMANITIES 6	$38,027	$39,011	146769
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	$7,124	$7,308	146770
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	$8,164	$8,376	146771
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	$10,430	$10,700	146772
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	$12,406	$12,727	146773
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	$19,267	$19,765	146774
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	$22,684	$23,272	146775
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	$29,426	$30,188	146776
MEDICAL 1	$51,214	$52,539	146777
MEDICAL 2	$46,876	$48,089	146778
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	$7,306	$7,495	146779
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	$10,242	$10,507	146780
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	$12,242	$12,559	146781
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	$15,592	$15,995	146782
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	$20,250	$20,774	146783
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	$22,357	$22,935	146784
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	$28,000	$28,724	146785
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	$37,731	$38,707	146786
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	$52,676	$54,039	146787

Doctoral I and Doctoral II models shall be allocated in	146788
accordance with division (D)(2) of this section.	146789

(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,	146790
AND GRADUATE WEIGHTS	146791

For the purpose of implementing the recommendations of the	146792
State Share of Instruction Consultation and the Higher Education	146793
Funding Study Council that priority be given to maintaining state	146794
support for science, technology, engineering, mathematics,	146795
medicine, and graduate programs, the costs in division (B) of this	146796
section shall be weighted by the amounts provided below:	146797

Model	Fiscal Year 2012	Fiscal Year 2013	146798
ARTS AND HUMANITIES 1	1.0000	1.0000	146799
ARTS AND HUMANITIES 2	1.0000	1.0000	146800
ARTS AND HUMANITIES 3	1.0000	1.0000	146801
ARTS AND HUMANITIES 4	1.0000	1.0000	146802
ARTS AND HUMANITIES 5	1.0425	1.0425	146803
ARTS AND HUMANITIES 6	1.0425	1.0425	146804
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	1.0000	1.0000	146805
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	1.0000	1.0000	146806
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	1.0000	1.0000	146807
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	1.0000	1.0000	146808
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	1.0425	1.0425	146809
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	1.0425	1.0425	146810
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	1.0425	1.0425	146811
MEDICAL 1	1.6456	1.6456	146812
MEDICAL 2	1.7462	1.7462	146813
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	1.0000	1.0000	146814
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	1.0017	1.0017	146815
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	1.6150	1.6150	146816
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	1.6920	1.6920	146817
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	1.4222	1.4222	146818
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	1.8798	1.8798	146819
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	1.4380	1.4380	146820
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	1.5675	1.5675	146821
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	1.1361	1.1361	146822

(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA	146823
ENTITLEMENTS AND ADJUSTMENTS	146824

(1) Of the foregoing appropriation item 235501, State Share	146825
of Instruction, 7.5 per cent of the fiscal year 2012 appropriation	146826
and 10 per cent of the fiscal year 2013 appropriation for	146827
state-supported community colleges, state community colleges, and	146828
technical colleges shall be allocated to colleges in proportion to	146829
their share of college student success factors as adopted by the	146830
Chancellor of the Board of Regents in formal communication to the	146831
Controlling Board on August 30, 2010.	146832

(2) Of the foregoing appropriation item 235501, State Share	146833
of Instruction, up to 12.89 per cent of the appropriation for	146834
university main campuses in each fiscal year shall be reserved for	146835
support of doctoral programs to implement the funding	146836
recommendations made by representatives of the universities. The	146837
amount so reserved shall be referred to as the doctoral set-aside.	146838

The doctoral set-aside shall be allocated to universities as	146839
follows:	146840

(a) 70 per cent of the doctoral set-aside in fiscal year 2012	146841
and 60 per cent of the doctoral set-aside in fiscal year 2013	146842
shall be allocated to universities in proportion to their share of	146843
the total number of Doctoral I equivalent FTEs as calculated on an	146844
institutional basis using the greater of the two-year or five-year	146845
FTEs for the period fiscal year 1994 through fiscal year 1998 with	146846
annualized FTEs for fiscal years 1994 through 1997 and all-term	146847
FTEs for fiscal year 1998 as adjusted to reflect the effects of	146848
doctoral review and subsequent changes in Doctoral I equivalent	146849
enrollments. For the purposes of this calculation, Doctoral I	146850
equivalent FTEs shall equal the sum of Doctoral I FTEs plus 1.5	146851
times the sum of Doctoral II FTEs.	146852

(b) 15 per cent of the doctoral set-aside in fiscal year 2012	146853
and 20 per cent of the doctoral set-aside in fiscal year 2013	146854
shall be allocated to universities in proportion to each campus's	146855
share of the total statewide doctoral degrees, weighted by the	146856
cost of the doctoral discipline. In calculating each campus's	146857
doctoral degrees the Chancellor of the Board of Regents shall use	146858
the three-year average doctoral degrees awarded for the three-year	146859
period ending in the prior year.	146860

(c) 7.5 per cent of the doctoral set-aside in fiscal year	146861
2012 and 10 per cent of the doctoral set-aside in fiscal year 2013	146862
shall be allocated to universities in proportion to their share of	146863
research grant activity, using a data collection method that is	146864
reviewed and approved by the presidents of Ohio's doctoral degree	146865
granting universities. In the event that the data collection	146866
method is not available, funding for this component shall be	146867
allocated to universities in proportion to their share of research	146868
grant activity published by the National Science Foundation. Grant	146869
awards from the Department of Health and Human Services shall be	146870
weighted at 50 per cent.	146871

(d) 7.5 per cent of the doctoral set-aside in fiscal year	146872
2012 and 10 per cent of the doctoral set-aside in fiscal year 2013	146873
shall be allocated to universities based on other quality measures	146874
that contribute to the advancement of quality doctoral programs.	146875
These other quality measures shall be identified by the Chancellor	146876
in consultation with universities. If for any reason metrics for	146877
distributing the quality component of the doctoral set-aside are	146878
not identified prior to the fiscal year allocation process, this	146879
portion of the doctoral set-aside funds shall be allocated to	146880
universities based on division (D)(2)(a) of this section.	146881

(3) Of the foregoing appropriation item 235501, State Share	146882
of Instruction, 7.01 per cent of the appropriation for university	146883
main campuses in each fiscal year shall be reserved for support of	146884
Medical II FTEs. The amount so reserved shall be referred to as	146885
the medical II set-aside.	146886

The medical II set-aside shall be allocated to universities	146887
in proportion to their share of the total number of Medical II	146888
FTEs as calculated in division (A) of this section, weighted by	146889
model cost.	146890

The Northeast Ohio Medical University may use funds from the	146891
addition of 35 medical students resulting from its partnership	146892
with Cleveland State University to establish the Northeast Ohio	146893
Medical University academic campus at Cleveland State University	146894
to enable 50 per cent or more of the medical curriculum to be	146895
based in Cleveland at Cleveland State University, local hospitals,	146896
and community- and neighborhood-based primary care clinics.	146897
Cleveland State University shall not receive state capital	146898
appropriations to pay for facilities for the academic campus.	146899

(4) Of the foregoing appropriation item 235501, State Share	146900
of Instruction, 1.61 per cent of the appropriation for university	146901
main campuses in each fiscal year shall be reserved for support of	146902
Medical I FTEs. The amount so reserved shall be referred to as the	146903
medical I set-aside.	146904

The medical I set-aside shall be allocated to universities in	146905
proportion to their share of the total number of Medical I FTEs as	146906
calculated in division (A) of this section.	146907

(5) Of the foregoing appropriation item 235501, State Share	146908
of Instruction, 15 per cent of the fiscal year 2012 appropriation	146909
for university main campuses and 20 per cent of the fiscal year	146910
2013 appropriation for university main campuses shall be reserved	146911
for support of associate, baccalaureate, master's, and	146912
professional level degree attainment.	146913

The degree attainment funding shall be allocated to	146914
universities in proportion to each campus's share of the total	146915
statewide degrees granted, weighted by the cost of the degree	146916
programs.	146917

In calculating the subsidy entitlements for degree attainment	146918
at university main campuses, the Chancellor of the Board of	146919
Regents shall use the following count of degrees and degree costs:	146920

(a) For those associate degrees awarded by a state-supported	146921
university, the subsidy eligible degrees granted are defined as	146922
only those earned by students attending a university that received	146923
funding under GRF appropriation item 235418, Access Challenge, in	146924
fiscal year 2009.	146925

(b) For professional law and legal studies degrees awarded by	146926
a state-supported university, the subsidy-eligible degrees at each	146927
institution shall equal no more than the following:	146928

University of Akron	132	146929
University of Cincinnati	90	146930
Cleveland State University	192	146931
The Ohio State University	149	146932
University of Toledo	134	146933

(c) In calculating each campus's count of degrees, the	146934
Chancellor of the Board of Regents shall use the three-year	146935
average associate, baccalaureate, master's, and professional	146936
degrees awarded for the three-year period ending in the prior	146937
year.	146938

(d) Eligible associate degrees defined in division (D)(5)(a)	146939
of this section and all bachelor's degrees earned by a student	146940
that either had an expected family contribution less than 2190,	146941
was determined to have been in need of remedial education, is	146942
Native American, African American, or Hispanic, or is at least age	146943
26 at the time of graduation, shall be defined as degrees earned	146944
by an at-risk student and shall be weighted by the following:	146945

(i) A campus-specific degree completion index, where the	146946
index is calculated based on the number of at-risk students	146947
enrolled during a two-year degree cohort beginning in fiscal year	146948
2000 or 2001 and earning a degree in eight years or less; and	146949

(ii) A statewide average at-risk completion weight determined	146950
by calculating the difference between the percentage of	146951
traditional students who earned a degree and the percentage of	146952
at-risk students who earned a degree during the same time period.	146953

(6) Each campus's state share of instruction base formula	146954
earnings shall be determined as follows:	146955

(a) For each campus in each fiscal year, the instructional	146956
costs shall be determined by multiplying the amounts listed above	146957
in divisions (B) and (C) of this section by (i) average	146958
subsidy-eligible FTEs for the two-year period ending in the prior	146959
year for all models except Doctoral I and Doctoral II; and (ii)	146960
average subsidy-eligible FTEs for the five-year period ending in	146961
the prior year for all models except Doctoral I and Doctoral II.	146962

(b) The Chancellor of the Board of Regents shall compute the	146963
two calculations listed in division (D)(6)(a) of this section and	146964
use the greater amount as each campus's instructional costs.	146965

(c) The Chancellor of the Board of Regents shall compute a	146966
uniform state share of instructional costs for each sector.	146967

(i) For the state-supported community colleges, state	146968
community colleges, and technical colleges, the Chancellor of the	146969
Board of Regents shall compute the uniform state share of	146970
instructional costs by dividing the sector level appropriation	146971
total as determined by the Chancellor in division (A)(1) of	146972
Section 371.20.60 of this act and adjusted pursuant to divisions	146973
(B) and (C) of Section 371.20.60 of this act, less the student	146974
college success allocation as described in division (D)(1) of this	146975
section, by the sum of all eligible campuses' instructional costs	146976
as calculated in division (D)(6)(b) of this section.	146977

(ii) For the state-supported university branch campuses, the	146978
Chancellor of the Board of Regents shall compute the uniform state	146979
share of instructional costs by dividing the sector level	146980
appropriation, as determined by the Chancellor in division (A)(2)	146981
of Section 371.20.60 of this act and adjusted pursuant to division	146982
(B) of Section 371.20.60 of this act by the sum of all campuses'	146983
instructional costs as calculated in division (D)(6)(b) of this	146984
section.	146985

(iii) For the state-supported university main campuses, the	146986
Chancellor of the Board of Regents shall compute the uniform state	146987
share of instructional costs by dividing the sector level	146988
appropriation, as determined by the Chancellor in division (A)(3)	146989
of Section 371.20.60 of this act and adjusted pursuant to division	146990
(B) of Section 371.20.60 of this act, less the doctoral set-aside,	146991
less the medical I set-aside, less the medical II set-aside, and	146992
less the degree attainment funding as calculated in divisions	146993
(D)(2) to (5) of this section, by the sum of all campuses'	146994
instructional costs as calculated in division (D)(6)(b) of this	146995
section.	146996

(d) The formula entitlement for each sector's campuses shall	146997
be determined by multiplying the uniform state share of	146998
instructional costs calculated in division (D)(6)(c) of this	146999
section by the campus's instructional cost determined in division	147000
(D)(6)(b) of this section.	147001

(7) In addition to the student success allocation, doctoral	147002
set-aside, medical I set-aside, medical II set-aside, and the	147003
degree attainment allocation determined in divisions (D)(1) to (5)	147004
of this section and the formula entitlement determined in division	147005
(D)(6) of this section, an allocation based on facility-based	147006
plant operations and maintenance (POM) subsidy shall be made. For	147007
each eligible campus, the amount of the POM allocation in each	147008
fiscal year shall be distributed based on what each campus	147009
received in the fiscal year 2009 POM allocation.	147010

Any POM allocations required by this division shall be funded	147011
by proportionately reducing formula entitlement earnings,	147012
including the POM allocations, for all campuses in that sector.	147013

(8) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING

147014

(a) In addition to and after the adjustments noted above, in	147015
fiscal year 2012, no campus shall receive a state share of	147016
instruction allocation that is less than the lesser of the	147017
following two amounts, net of funding for the medical II	147018
set-aside:	147019

(i) The prior year's state share of instruction amount	147020
reduced by 3 per cent, or	147021

(ii) The prior year's state share of instruction amount	147022
reduced by a percentage equal to the percentage change from the	147023
prior year in the campus's sector's state share of instruction	147024
funding minus three percentage points. Funds shall be made	147025
available to support this allocation by proportionately reducing	147026
formula entitlement earnings from those campuses, within each	147027
sector, that are not receiving stability funding.	147028

(b) In fiscal year 2013, in addition to and after the	147029
adjustments noted above, no campus shall receive a state share of	147030
instruction allocation that is less than the lesser of the	147031
following two amounts, net of funding for the medical II	147032
set-aside:	147033

(i) The prior year's state share of instruction amount	147034
reduced by 4 per cent, or	147035

(ii) The prior year's state share of instruction amount	147036
reduced by a percentage equal to the percentage change from the	147037
prior year in the campus's sector's state share of instruction	147038
funding minus four percentage points. Funds shall be made	147039
available to support this allocation by proportionately reducing	147040
formula entitlement earnings from those campuses, within each	147041
sector, that are not receiving stability funding.	147042

(c) For main campus universities that operate a medical	147043
school, in fiscal year 2012 no campus shall receive an allocation	147044
for the medical II set-aside that is less than the lesser of the	147045
following amounts:	147046

(i) The prior year's allocation for the medical II set-aside	147047
reduced by 2 per cent, or	147048

(ii) The prior year's allocation for the medical II set-aside	147049
reduced by a percentage equal to the percentage change from the	147050
prior year in the total medical II set-aside minus two percentage	147051
points. Funds shall be made available to support this allocation	147052
by proportionately reducing formula entitlement earnings from	147053
public medical schools, within each sector, that are not receiving	147054
stability funding.	147055

(d) In fiscal year 2013, no main campus university that	147056
operates a medical school shall receive an allocation for the	147057
medical II set-aside that is less than 97 per cent of the prior	147058
year's allocation for the medical II set-aside. Funds shall be	147059
made available to support this allocation by proportionately	147060
reducing formula entitlement earnings from public medical schools,	147061
within each sector, that are not receiving stability funding.	147062

(9) CAPITAL COMPONENT DEDUCTION

147063

After all other adjustments have been made, state share of	147064
instruction earnings shall be reduced for each campus by the	147065
amount, if any, by which debt service charged in Am. H.B. 748 of	147066
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General	147067
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.	147068
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th	147069
General Assembly, Am. Sub. H.B. 699 of the 126th General Assembly,	147070
Am. Sub. H.B. 496 of the 127th General Assembly, and Am. Sub. H.B.	147071
562 of the 127th General Assembly for that campus exceeds that	147072
campus's capital component earnings. The sum of the amounts	147073
deducted shall be transferred to appropriation item 235552,	147074
Capital Component, in each fiscal year.	147075

(E) EXCEPTIONAL CIRCUMSTANCES

147076

Adjustments may be made to the state share of instruction	147077
payments and other subsidies distributed by the Chancellor of the	147078
Board of Regents to state-assisted colleges and universities for	147079
exceptional circumstances. No adjustments for exceptional	147080
circumstances may be made without the recommendation of the	147081
Chancellor and the approval of the Controlling Board.	147082

(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	147083
INSTRUCTION	147084

The standard provisions of the state share of instruction	147085
calculation as described in the preceding sections of temporary	147086
law shall apply to any reductions made to appropriation item	147087
235501, State Share of Instruction, before the Chancellor of the	147088
Board of Regents has formally approved the final allocation of the	147089
state share of instruction funds for any fiscal year.	147090

Any reductions made to appropriation item 235501, State Share	147091
of Instruction, after the Chancellor of the Board of Regents has	147092
formally approved the final allocation of the state share of	147093
instruction funds for any fiscal year, shall be uniformly applied	147094
to each campus in proportion to its share of the final allocation.	147095

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

147096

The state share of instruction payments to the institutions	147097
shall be in substantially equal monthly amounts during the fiscal	147098
year, unless otherwise determined by the Director of Budget and	147099
Management pursuant to section 126.09 of the Revised Code.	147100
Payments during the first six months of the fiscal year shall be	147101
based upon the state share of instruction appropriation estimates	147102
made for the various institutions of higher education according to	147103
the Chancellor of the Board of Regents enrollment estimates.	147104
Payments during the last six months of the fiscal year shall be	147105
distributed after approval of the Controlling Board upon the	147106
request of the Chancellor.	147107

Section 371.20.60. STATE SHARE OF INSTRUCTION FOR FISCAL	147108
YEARS 2012 AND 2013	147109

(A) The foregoing appropriation item 235501, State Share of	147110
Instruction, shall be distributed according to the section of this	147111
act entitled "STATE SHARE OF INSTRUCTION FORMULAS."	147112

(1) Of the foregoing appropriation item 235501, State Share	147113
of Instruction, $400,039,672 in fiscal year 2012 and $403,657,477	147114
in fiscal year 2013 shall be distributed to state-supported	147115
community colleges, state community colleges, and technical	147116
colleges.	147117

(2) Of the foregoing appropriation item 235501, State Share	147118
of Instruction, $115,139,824 in fiscal year 2012 and $116,181,104	147119
in fiscal year 2013 shall be distributed to state-supported	147120
university branch campuses.	147121

(3) Of the foregoing appropriation item 235501, State Share	147122
of Instruction, $1,220,350,535 in fiscal year 2012 and	147123
$1,231,386,916 in fiscal year 2013 shall be distributed to	147124
state-supported university main campuses.	147125

(B) Of the amounts earmarked in division (A) of this section,	147126
$60,996,059 in each fiscal year shall be distributed to eligible	147127
colleges and universities based on each campus's share of the	147128
appropriation item 235418, Access Challenge, in fiscal year 2009.	147129

(C) Of the amount earmarked in division (A)(1) of this	147130
section, $10,323,056 in each fiscal year shall be distributed	147131
among state-supported community colleges, state community	147132
colleges, and technical colleges in an amount equal to the amount	147133
each institution received in fiscal year 2009 from the	147134
supplemental tuition subsidy earmarked under Section 375.30.25 of	147135
H.B. 119 of the 127th General Assembly.	147136

(D) The state share of instruction payments to the	147137
institutions shall be in substantially equal monthly amounts	147138
during the fiscal year, unless otherwise determined by the	147139
Director of Budget and Management pursuant to section 126.09 of	147140
the Revised Code. Payments during the last six months of the	147141
fiscal year shall be distributed after approval of the Controlling	147142
Board upon the request of the Chancellor of the Board of Regents.	147143

Section 371.20.65. TRANSFER OF INSTRUCTIONAL SUBSIDIES	147144
BETWEEN UNIVERSITIES	147145

Notwithstanding any provision of law to the contrary, in	147146
consultation with the Chancellor of the Board of Regents, a	147147
state-supported university may request to transfer state share of	147148
instruction subsidy allocations of the foregoing appropriation	147149
item 235501, State Share of Instruction, between a university main	147150
campus and any university branch campus for which the university	147151
main campus is affiliated to best accomplish institutional goals	147152
and objectives. At the request of the Chancellor of the Board of	147153
Regents, the Director of Budget and Management may transfer the	147154
requested amounts of state share of instruction appropriation	147155
allocations between affiliated university branch campuses and	147156
university main campuses.	147157

Section 371.20.70. RESTRICTION ON FEE INCREASES

147158

The boards of trustees of state-assisted institutions of	147159
higher education shall restrain increases in in-state	147160
undergraduate instructional and general fees. Each state	147161
university, university branch, and the Northeast Ohio Medical	147162
University shall not increase its in-state undergraduate	147163
instructional and general fees more than 3.5 per cent over what	147164
the institution charged for the preceding academic year.	147165

Each community college, state community college, and	147166
technical college shall not increase its in-state undergraduate	147167
instructional and general fees by more than $200 more than the	147168
institution charged for the preceding academic year.	147169

These limitations shall not apply to increases required to	147170
comply with institutional covenants related to their obligations	147171
or to meet unfunded legal mandates or legally binding obligations	147172
incurred or commitments made prior to the effective date of this	147173
section with respect to which the institution had identified such	147174
fee increases as the source of funds. Any increase required by	147175
such covenants and any such mandates, obligations, or commitments	147176
shall be reported by the Chancellor of the Board of Regents to the	147177
Controlling Board. These limitations may also be modified by the	147178
Chancellor of the Board of Regents, with the approval of the	147179
Controlling Board, to respond to exceptional circumstances as	147180
identified by the Chancellor of the Board of Regents.	147181

Section 371.20.80. HIGHER EDUCATION - BOARD OF TRUSTEES

147182

(A) Funds appropriated for instructional subsidies at	147183
colleges and universities may be used to provide such branch or	147184
other off-campus undergraduate courses of study and such master's	147185
degree courses of study as may be approved by the Chancellor of	147186
the Board of Regents.	147187

(B) In providing instructional and other services to	147188
students, boards of trustees of state-assisted institutions of	147189
higher education shall supplement state subsidies with income from	147190
charges to students. Except as otherwise provided in this act,	147191
each board shall establish the fees to be charged to all students,	147192
including an instructional fee for educational and associated	147193
operational support of the institution and a general fee for	147194
noninstructional services, including locally financed student	147195
services facilities used for the benefit of enrolled students. The	147196
instructional fee and the general fee shall encompass all charges	147197
for services assessed uniformly to all enrolled students. Each	147198
board may also establish special purpose fees, service charges,	147199
and fines as required; such special purpose fees and service	147200
charges shall be for services or benefits furnished individual	147201
students or specific categories of students and shall not be	147202
applied uniformly to all enrolled students. A tuition surcharge	147203
shall be paid by all students who are not residents of Ohio.	147204

The board of trustees of a state-assisted institution of	147205
higher education shall not authorize a waiver or nonpayment of	147206
instructional fees or general fees for any particular student or	147207
any class of students other than waivers specifically authorized	147208
by law or approved by the Chancellor. This prohibition is not	147209
intended to limit the authority of boards of trustees to provide	147210
for payments to students for services rendered the institution,	147211
nor to prohibit the budgeting of income for staff benefits or for	147212
student assistance in the form of payment of such instructional	147213
and general fees.	147214

Each state-assisted institution of higher education in its	147215
statement of charges to students shall separately identify the	147216
instructional fee, the general fee, the tuition charge, and the	147217
tuition surcharge. Fee charges to students for instruction shall	147218
not be considered to be a price of service but shall be considered	147219
to be an integral part of the state government financing program	147220
in support of higher educational opportunity for students.	147221

(C) The boards of trustees of state-assisted institutions of	147222
higher education shall ensure that faculty members devote a proper	147223
and judicious part of their work week to the actual instruction of	147224
students. Total class credit hours of production per academic term	147225
per full-time faculty member is expected to meet the standards set	147226
forth in the budget data submitted by the Chancellor of the Board	147227
of Regents.	147228

(D) The authority of government vested by law in the boards	147229
of trustees of state-assisted institutions of higher education	147230
shall in fact be exercised by those boards. Boards of trustees may	147231
consult extensively with appropriate student and faculty groups.	147232
Administrative decisions about the utilization of available	147233
resources, about organizational structure, about disciplinary	147234
procedure, about the operation and staffing of all auxiliary	147235
facilities, and about administrative personnel shall be the	147236
exclusive prerogative of boards of trustees. Any delegation of	147237
authority by a board of trustees in other areas of responsibility	147238
shall be accompanied by appropriate standards of guidance	147239
concerning expected objectives in the exercise of such delegated	147240
authority and shall be accompanied by periodic review of the	147241
exercise of this delegated authority to the end that the public	147242
interest, in contrast to any institutional or special interest,	147243
shall be served.	147244

Section 371.20.90. STUDENT SUPPORT SERVICES

147245

The foregoing appropriation item 235502, Student Support	147246
Services, shall be distributed by the Chancellor of the Board of	147247
Regents to Ohio's state-assisted colleges and universities that	147248
incur disproportionate costs in the provision of support services	147249
to disabled students.	147250

Section 371.30.10. WAR ORPHANS SCHOLARSHIPS

147251

The foregoing appropriation item 235504, War Orphans	147252
Scholarships, shall be used to reimburse state-assisted	147253
institutions of higher education for waivers of instructional fees	147254
and general fees provided by them, to provide grants to	147255
institutions that have received a certificate of authorization	147256
from the Chancellor of the Board of Regents under Chapter 1713. of	147257
the Revised Code, in accordance with the provisions of section	147258
5910.04 of the Revised Code, and to fund additional scholarship	147259
benefits provided by section 5910.032 of the Revised Code.	147260

An amount equal to the unexpended, unencumbered portion of	147261
the foregoing appropriation item 235504, War Orphans Scholarships,	147262
at the end of fiscal year 2012 is hereby reappropriated to the	147263
Board of Regents for the same purpose for fiscal year 2013.	147264

Section 371.30.20. OHIOLINK

147265

The foregoing appropriation item 235507, OhioLINK, shall be	147266
used by the Chancellor of the Board of Regents to support	147267
OhioLINK, a consortium organized under division (U) of section	147268
3333.04 of the Revised Code to serve as the state's electronic	147269
library information and retrieval system, which provides access	147270
statewide to an extensive set of electronic databases and	147271
resources and the library holdings of Ohio's public and	147272
participating private nonprofit colleges and universities, and the	147273
State Library of Ohio.	147274

Section 371.30.30. AIR FORCE INSTITUTE OF TECHNOLOGY

147275

The foregoing appropriation item 235508, Air Force Institute	147276
of Technology, shall be used by the director of the Air Force	147277
Institute to: (A) strengthen the research and educational linkages	147278
between the Wright Patterson Air Force Base and institutions of	147279
higher education in Ohio; and (B) support the Dayton Area Graduate	147280
Studies Institute, an engineering graduate consortium of Wright	147281
State University, the University of Dayton, and the Air Force	147282
Institute of Technology, with the participation of the University	147283
of Cincinnati and The Ohio State University.	147284

Section 371.30.40. OHIO SUPERCOMPUTER CENTER

147285

The foregoing appropriation item 235510, Ohio Supercomputer	147286
Center, shall be used by the Chancellor of the Board of Regents to	147287
support the operation of the Ohio Supercomputer Center, a	147288
consortium organized under division (U) of section 3333.04 of the	147289
Revised Code, located at The Ohio State University. The Ohio	147290
Supercomputer Center is a statewide resource available to Ohio	147291
research universities both public and private. It is also intended	147292
that the center be made accessible to private industry as	147293
appropriate.	147294

Funds shall be used, in part, to support the Ohio	147295
Supercomputer Center's Computational Science Initiative, which	147296
includes its industrial outreach program, Blue Collar Computing,	147297
and its School of Computational Science. These collaborations	147298
between the Ohio Supercomputer Center and Ohio's colleges and	147299
universities shall be aimed at making Ohio a leader in using	147300
computer modeling to promote economic development.	147301

Section 371.30.50. COOPERATIVE EXTENSION SERVICE

147302

The foregoing appropriation item 235511, Cooperative	147303
Extension Service, shall be disbursed through the Chancellor of	147304
the Board of Regents to The Ohio State University in monthly	147305
payments, unless otherwise determined by the Director of Budget	147306
and Management under section 126.09 of the Revised Code.	147307

Section 371.30.60. CENTRAL STATE SUPPLEMENT

147308

The Chancellor of the Board of Regents shall, in consultation	147309
with Central State University, develop a plan whereby the	147310
foregoing appropriation item 235514, Central State Supplement,	147311
shall be used in a manner consistent with the goals of increasing	147312
enrollment, improving course completion, and increasing the number	147313
of degrees conferred. The Chancellor shall submit a summary of the	147314
plan to the Speaker of the House of Representatives, the President	147315
of the Senate, and the Governor by December 31, 2011.	147316

The foregoing appropriation item 235514, Central State	147317
Supplement, shall be disbursed by the Chancellor of the Board of	147318
Regents to Central State University. The first two disbursements	147319
in fiscal year 2012 shall be made on a quarterly basis. Beginning	147320
January 1, 2012, the funds shall be disbursed to Central State	147321
University in accordance with the plan developed by the Chancellor	147322
under this section.	147323

The Chancellor shall monitor the implementation of the plan	147324
and the use of funds. Central State University shall provide any	147325
information requested by the Chancellor related to the	147326
implementation of the plan. If the Chancellor determines that	147327
Central State University's use of supplemental funds is not in	147328
accordance with the plan or if the plan is not having the desired	147329
effect, the Chancellor may notify Central State University that	147330
the plan is suspended. Upon receiving such notice, Central State	147331
University shall avoid all unnecessary expenditures under the	147332
plan. The Chancellor shall notify the Controlling Board of the	147333
suspension of the plan and within sixty days prepare a new plan	147334
for the use of any remaining funds.	147335

Section 371.30.70. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	147336
MEDICINE	147337

The foregoing appropriation item 235515, Case Western Reserve	147338
University School of Medicine, shall be disbursed to Case Western	147339
Reserve University through the Chancellor of the Board of Regents	147340
in accordance with agreements entered into under section 3333.10	147341
of the Revised Code, provided that the state support per full-time	147342
medical student shall not exceed that provided to full-time	147343
medical students at state universities.	147344

Section 371.30.80. FAMILY PRACTICE

147345

The Chancellor of the Ohio Board of Regents shall develop	147346
plans consistent with existing criteria and guidelines as may be	147347
required for the distribution of appropriation item 235519, Family	147348
Practice.	147349

Section 371.30.90. SHAWNEE STATE SUPPLEMENT

147350

The Chancellor of the Board of Regents shall, in consultation	147351
with Shawnee State University, develop a plan whereby the	147352
foregoing appropriation item 235520, Shawnee State Supplement,	147353
shall be used in a manner consistent with the goals of improving	147354
course completion, increasing the number of degrees conferred, and	147355
furthering the university's mission of service to the Appalachian	147356
region. The Chancellor shall submit a summary of the plan to the	147357
Speaker of the House of Representatives, the President of the	147358
Senate, and the Governor by December 31, 2011.	147359

The foregoing appropriation item 235520, Shawnee State	147360
Supplement, shall be disbursed by the Chancellor of the Board of	147361
Regents to Shawnee State University. The first two disbursements	147362
in fiscal year 2012 shall be made on a quarterly basis. Beginning	147363
January 1, 2012, the funds shall be disbursed to Shawnee State	147364
University in accordance with the plan developed by the Chancellor	147365
under this section.	147366

The Chancellor shall monitor the implementation of the plan	147367
and the use of funds. Shawnee State University shall provide any	147368
information requested by the Chancellor related to the	147369
implementation of the plan. If the Chancellor determines that	147370
Shawnee State University's use of supplemental funds is not in	147371
accordance with the plan or if the plan is not having the desired	147372
effect, the Chancellor may notify Shawnee State University that	147373
the plan is suspended. Upon receiving such notice, Shawnee State	147374
University shall avoid all unnecessary expenditures under the	147375
plan. The Chancellor shall notify the Controlling Board of the	147376
suspension of the plan and within sixty days prepare a new plan	147377
for the use of any remaining funds.	147378

Section 371.40.10. POLICE AND FIRE PROTECTION

147379

The foregoing appropriation item 235524, Police and Fire	147380
Protection, shall be used for police and fire services in the	147381
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	147382
Portsmouth, Xenia Township (Greene County), Rootstown Township,	147383
and the City of Nelsonville that may be used to assist these local	147384
governments in providing police and fire protection for the	147385
central campus of the state-affiliated university located therein.	147386

Section 371.40.20. GERIATRIC MEDICINE

147387

The Chancellor of the Board of Regents shall develop plans	147388
consistent with existing criteria and guidelines as may be	147389
required for the distribution of appropriation item 235525,	147390
Geriatric Medicine.	147391

Section 371.40.30. PRIMARY CARE RESIDENCIES

147392

The Chancellor of the Board of Regents shall develop plans	147393
consistent with existing criteria and guidelines as may be	147394
required for the distribution of appropriation item 235526,	147395
Primary Care Residencies.	147396

The foregoing appropriation item 235526, Primary Care	147397
Residencies, shall be distributed in each fiscal year of the	147398
biennium, based on whether or not the institution has submitted	147399
and gained approval for a plan. If the institution does not have	147400
an approved plan, it shall receive five per cent less funding per	147401
student than it would have received from its annual allocation.	147402
The remaining funding shall be distributed among those	147403
institutions that meet or exceed their targets.	147404

Section 371.40.40. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	147405
CENTER	147406

The foregoing appropriation item 235535, Ohio Agricultural	147407
Research and Development Center, shall be disbursed through the	147408
Chancellor of the Board of Regents to The Ohio State University in	147409
monthly payments, unless otherwise determined by the Director of	147410
Budget and Management under section 126.09 of the Revised Code.	147411
The Ohio Agricultural Research and Development Center shall not be	147412
required to remit payment to The Ohio State University during the	147413
biennium ending June 30, 2013, for cost reallocation assessments.	147414
The cost reallocation assessments include, but are not limited to,	147415
any assessment on state appropriations to the Center.	147416

The Ohio Agricultural Research and Development Center, an	147417
entity of the College of Food, Agricultural, and Environmental	147418
Sciences of The Ohio State University, shall further its mission	147419
of enhancing Ohio's economic development and job creation by	147420
continuing to internally allocate on a competitive basis	147421
appropriated funding of programs based on demonstrated	147422
performance. Academic units, faculty, and faculty-driven programs	147423
shall be evaluated and rewarded consistent with agreed-upon	147424
performance expectations as called for in the College's	147425
Expectations and Criteria for Performance Assessment.	147426

Section 371.40.50. STATE UNIVERSITY CLINICAL TEACHING

147427

The foregoing appropriation items 235536, The Ohio State	147428
University Clinical Teaching; 235537, University of Cincinnati	147429
Clinical Teaching; 235538, University of Toledo Clinical Teaching;	147430
235539, Wright State University Clinical Teaching; 235540, Ohio	147431
University Clinical Teaching; and 235541, Northeast Ohio Medical	147432
University Clinical Teaching, shall be distributed through the	147433
Chancellor of the Board of Regents.	147434

Section 371.40.60. CAPITAL COMPONENT

147435

The foregoing appropriation item 235552, Capital Component,	147436
shall be used by the Chancellor of the Board of Regents to	147437
implement the capital funding policy for state-assisted colleges	147438
and universities established in Am. H.B. 748 of the 121st General	147439
Assembly. Appropriations from this item shall be distributed to	147440
all campuses for which the estimated campus debt service	147441
attributable to new qualifying capital projects is less than the	147442
campus's formula-determined capital component allocation. Campus	147443
allocations shall be determined by subtracting the estimated	147444
campus debt service attributable to new qualifying capital	147445
projects from the campus's formula-determined capital component	147446
allocation. Moneys distributed from this appropriation item shall	147447
be restricted to capital-related purposes.	147448

Any campus for which the estimated campus debt service	147449
attributable to qualifying capital projects is greater than the	147450
campus's formula-determined capital component allocation shall	147451
have the difference subtracted from its State Share of Instruction	147452
allocation in each fiscal year. Appropriation equal to the sum of	147453
all such amounts except that of the Ohio Agricultural Research and	147454
Development Center shall be transferred from appropriation item	147455
235501, State Share of Instruction, to appropriation item 235552,	147456
Capital Component. Appropriation equal to any estimated Ohio	147457
Agricultural Research and Development Center debt service	147458
attributable to qualifying capital projects that is greater than	147459
the Center's formula-determined capital component allocation shall	147460
be transferred from appropriation item 235535, Ohio Agricultural	147461
Research and Development Center, to appropriation item 235552,	147462
Capital Component.	147463

Section 371.40.70. LIBRARY DEPOSITORIES

147464

The foregoing appropriation item, 235555, Library	147465
Depositories, shall be distributed to the state's five regional	147466
depository libraries for the cost-effective storage of and access	147467
to lesser-used materials in university library collections. The	147468
depositories shall be administrated by the Chancellor of the Board	147469
of Regents, or by OhioLINK at the discretion of the Chancellor.	147470

Section 371.40.80. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

147471

The foregoing appropriation item 235556, Ohio Academic	147472
Resources Network, shall be used by the Chancellor of the Board of	147473
Regents to support the operations of the Ohio Academic Resources	147474
Network, a consortium organized under division (U) of section	147475
3333.04 of the Revised Code, which shall include support for	147476
Ohio's colleges and universities in maintaining and enhancing	147477
network connections, using new network technologies to improve	147478
research, education, and economic development programs, and	147479
sharing information technology services. To the extent network	147480
capacity is available, OARnet shall support allocating bandwidth	147481
to eligible programs directly supporting Ohio's economic	147482
development.	147483

Section 371.40.90. LONG-TERM CARE RESEARCH

147484

The foregoing appropriation item 235558, Long-term Care	147485
Research, shall be disbursed to Miami University for long-term	147486
care research.	147487

Section 371.50.10. OHIO COLLEGE OPPORTUNITY GRANT

147488

(A) Except as provided in division (C) of this section:

147489

Of the foregoing appropriation item 235563, Ohio College	147490
Opportunity Grant, $37,000,000 in each fiscal year shall be used	147491
by the Chancellor of the Board of Regents to award need-based	147492
financial aid to students enrolled in eligible four-year public	147493
institutions of higher education, excluding early college high	147494
school and post-secondary enrollment option participants.	147495

Of the foregoing appropriation item 235563, Ohio College	147496
Opportunity Grant, $41,000,000 in each fiscal year shall be used	147497
by the Chancellor of the Board of Regents to award need-based	147498
financial aid to students enrolled in eligible four-year private	147499
nonprofit institutions of higher education, excluding early	147500
college high school and post-secondary enrollment option	147501
participants.	147502

The remainder of the foregoing appropriation item 235563,	147503
Ohio College Opportunity Grant, shall be used by the Chancellor of	147504
the Board of Regents to award needs-based financial aid to	147505
students enrolled in eligible private for-profit career colleges	147506
and schools.	147507

An amount equal to the unexpended, unencumbered portion of	147508
the foregoing appropriation item 235563, Ohio College Opportunity	147509
Grant, at the end of fiscal year 2012 is hereby reappropriated to	147510
the Board of Regents for the same purpose for fiscal year 2013.	147511

(B)(1) As used in this section:

147512

(a) "Eligible institution" means any institution described in	147513
divisions (B)(2)(a) to (c) of section 3333.122 of the Revised	147514
Code.	147515

(b) The three "sectors" of institutions of higher education	147516
consist of the following:	147517

(i) State colleges and universities, community colleges,	147518
state community colleges, university branches, and technical	147519
colleges;	147520

(ii) Eligible private nonprofit institutions of higher	147521
education;	147522

(iii) Eligible private for-profit career colleges and	147523
schools.	147524

(2) If the Chancellor determines that the amounts	147525
appropriated for support of the Ohio College Opportunity Grant	147526
program are inadequate to provide grants to all eligible students	147527
as calculated under division (D) of section 3333.122 of the	147528
Revised Code, the Chancellor may create a distribution formula for	147529
fiscal year 2012 and fiscal year 2013 based on the formula used in	147530
fiscal year 2011, or may follow methods established in division	147531
(C)(1)(a) or (b) of section 3333.122 of the Revised Code. The	147532
Chancellor shall notify the Controlling Board of the distribution	147533
method. Any formula calculated under this division shall be	147534
complete and established to coincide with the start of the	147535
2011-2012 academic year.	147536

(C) Prior to determining the amount of funds available to	147537
award under this section and section 3333.122 of the Revised Code,	147538
the Chancellor shall use the foregoing appropriation item 235563,	147539
Ohio College Opportunity Grant, to pay for renewals or partial	147540
renewals of scholarships students receive under the Ohio Academic	147541
Scholarship Program under sections 3333.21 and 3333.22 of the	147542
Revised Code. In paying for scholarships under this division, the	147543
Chancellor shall deduct funds from the allocations made under	147544
division (A) of this section. Deductions shall be proportionate to	147545
the amounts allocated to each sector from the total amounts	147546
appropriated for each sector under the foregoing appropriation	147547
item 235563, Ohio College Opportunity Grant, and the foregoing	147548
appropriation item 235667, Ohio College Opportunity Grant -	147549
Proprietary.	147550

In each fiscal year, the Chancellor shall not distribute or	147551
obligate or commit to be distributed an amount greater than what	147552
is appropriated under the foregoing appropriation item 235563,	147553
Ohio College Opportunity Grant.	147554

(D) The Chancellor shall establish, and post on the Ohio	147555
Board of Regents' web site, award tables based on any formulas	147556
created under division (B) of this section. The Chancellor shall	147557
notify students and institutions of any reductions in awards under	147558
this section.	147559

On or before August 31, 2011, the Chancellor of the Board of	147560
Regents shall submit award tables to the Controlling Board for the	147561
2011-2012 academic year and allocations of Ohio College	147562
Opportunity Grant awards not already specified in section 3333.122	147563
of the Revised Code.	147564

(E) Notwithstanding section 3333.122 of the Revised Code, no	147565
student shall be eligible to receive an Ohio College Opportunity	147566
Grant for more than ten semesters, fifteen quarters, or the	147567
equivalent of five academic years, less the number of semesters or	147568
quarters in which the student received an Ohio Instructional	147569
Grant.	147570

Section 371.50.20. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

147571

The foregoing appropriation item 235572, The Ohio State	147572
University Clinic Support, shall be distributed through the	147573
Chancellor of the Board of Regents to The Ohio State University	147574
for support of dental and veterinary medicine clinics.	147575

Section 371.50.30. NATIONAL GUARD SCHOLARSHIP PROGRAM

147576

The Chancellor of the Board of Regents shall disburse funds	147577
from appropriation item 235599, National Guard Scholarship	147578
Program, at the direction of the Adjutant General. During each	147579
fiscal year, the Chancellor of the Board of Regents, within ten	147580
days of cancellation, may certify to the Director of Budget and	147581
Management the amount of canceled prior-year encumbrances in	147582
appropriation item 235599, National Guard Scholarship Program.	147583
Upon receipt of the certification, the Director of Budget and	147584
Management may transfer cash in an amount up to the amount	147585
certified from the General Revenue Fund to the National Guard	147586
Scholarship Reserve Fund (Fund 5BM0). Upon the request of the	147587
Adjutant General, the Chancellor of the Board of Regents shall	147588
seek Controlling Board approval to authorize additional	147589
expenditures for appropriation item 235623, National Guard	147590
Scholarship Reserve Fund. Upon approval of the Controlling Board,	147591
the additional amounts are hereby appropriated. The Chancellor of	147592
the Board of Regents shall disburse funds from appropriation item	147593
235623, National Guard Scholarship Reserve Fund, at the direction	147594
of the Adjutant General.	147595

In each fiscal year, the Adjutant General, in consultation	147596
with the Chancellor of the Board of Regents and the Director of	147597
Budget and Management, shall determine if the amounts appropriated	147598
in appropriation item 235599, National Guard Scholarship Program,	147599
are adequate to provide scholarships equal to one hundred per cent	147600
of tuition charges to all eligible applicants attending a state	147601
institution of higher education.	147602

Notwithstanding divisions (C) and (D)(1)(a) of section	147603
5919.34 of the Revised Code, if amounts appropriated are	147604
determined to be inadequate in any fiscal year, the Adjutant	147605
General shall accommodate available funds by proportionally	147606
reducing the amount of each scholarship awarded to a student	147607
attending a state institution of higher education. The Adjutant	147608
General shall then notify each state institution of higher	147609
education of the percentage that scholarship amounts were reduced.	147610
Each state institution of higher education shall then provide a	147611
matching award to each scholarship recipient in an amount equal to	147612
the amount that recipient's scholarship was reduced.	147613

Section 371.50.40. PLEDGE OF FEES

147614

Any new pledge of fees, or new agreement for adjustment of	147615
fees, made in the biennium ending June 30, 2013, to secure bonds	147616
or notes of a state-assisted institution of higher education for a	147617
project for which bonds or notes were not outstanding on the	147618
effective date of this section shall be effective only after	147619
approval by the Chancellor of the Board of Regents, unless	147620
approved in a previous biennium.	147621

Section 371.50.50. HIGHER EDUCATION GENERAL OBLIGATION DEBT	147622
SERVICE	147623

The foregoing appropriation item 235909, Higher Education	147624
General Obligation Debt Service, shall be used to pay all debt	147625
service and related financing costs at the times they are required	147626
to be made during the period from July 1, 2011, through June 30,	147627
2013, for obligations issued under sections 151.01 and 151.04 of	147628
the Revised Code.	147629

Section 371.50.60. SALES AND SERVICES

147630

The Chancellor of the Board of Regents is authorized to	147631
charge and accept payment for the provision of goods and services.	147632
Such charges shall be reasonably related to the cost of producing	147633
the goods and services. Except as otherwise provided by law, no	147634
charges may be levied for goods or services that are produced as	147635
part of the routine responsibilities or duties of the Chancellor.	147636
All revenues received by the Chancellor of the Board of Regents	147637
shall be deposited into Fund 4560, and may be used by the	147638
Chancellor of the Board of Regents to pay for the costs of	147639
producing the goods and services.	147640

Section 371.50.63. OHIO COLLEGE OPPORTUNITY GRANT -	147641
PROPRIETARY	147642

The foregoing appropriation item 235667, Ohio College	147643
Opportunity Grant - Proprietary, shall be used by the Chancellor	147644
of the Board of Regents to award needs-based financial aid to	147645
students enrolled in eligible private for-profit career colleges	147646
and schools, pursuant to section 3333.122 of the Revised Code and	147647
section 371.50.10 of this act.	147648

An amount equal to the unexpended, unencumbered portion of	147649
the foregoing appropriation item 235667, Ohio College Opportunity	147650
Grant - Proprietary, at the end of fiscal year 2012 is hereby	147651
reappropriated to the Board of Regents for the same purpose for	147652
fiscal year 2013.	147653

In each fiscal year, the Chancellor shall not distribute or	147654
obligate or commit to be distributed an amount greater than what	147655
is appropriated under the foregoing appropriation item 235667,	147656
Ohio College Opportunity Grant - Proprietary.	147657

Section 371.50.65. AIR FORCE INSTITUTE OF TECHNOLOGY –	147658
DEFENSE/AEROSPACE GRADUATE STUDIES INSTITUTE	147659

The foregoing appropriation item 235668, Air Force Institute	147660
of Technology – Defense/Aerospace Graduate Studies Institute,	147661
shall be used by the Defense/Aerospace Graduate Studies Institute	147662
to strengthen regional job training, equip Ohio's workforce with	147663
needed skills, and strengthen the research and educational	147664
linkages among Department of Defense facilities in Ohio,	147665
institutions of higher education in Ohio, and available industry	147666
jobs in Ohio. These funds shall be matched by private industry	147667
partners or the Department of Defense in the aggregate amount of	147668
$2,500,000 over the FY 2012 - FY 2013 biennium.	147669

Section 371.50.70. HIGHER EDUCATIONAL FACILITY COMMISSION	147670
ADMINISTRATION	147671

The foregoing appropriation item 235602, Higher Educational	147672
Facility Commission Administration, shall be used by the	147673
Chancellor of the Board of Regents for operating expenses related	147674
to the Chancellor of the Board of Regents' support of the	147675
activities of the Ohio Higher Educational Facility Commission.	147676
Upon the request of the Chancellor, the Director of Budget and	147677
Management shall transfer up to $29,100 cash in fiscal year 2012	147678
and up to $29,100 cash in fiscal year 2013 from the HEFC Operating	147679
Expenses Fund (Fund 4610) to the HEFC Administration Fund (Fund	147680
4E80).	147681

Section 371.50.80. NURSING LOAN PROGRAM

147682

The foregoing appropriation item 235606, Nursing Loan	147683
Program, shall be used to administer the nurse education	147684
assistance program. Up to $167,580 in each fiscal year may be used	147685
for operating expenses associated with the program. Any additional	147686
funds needed for the administration of the program are subject to	147687
Controlling Board approval.	147688

Section 371.50.90. VETERANS PREFERENCES

147689

The Chancellor of the Board of Regents shall work with the	147690
Department of Veterans Services to develop specific veterans	147691
preference guidelines for higher education institutions. These	147692
guidelines shall ensure that the institutions' hiring practices	147693
are in accordance with the intent of Ohio's veterans preference	147694
laws.	147695

Section 371.60.10. STATE NEED-BASED FINANCIAL AID	147696
RECONCILIATION	147697

By the first day of August in each fiscal year, or as soon as	147698
possible thereafter, the Chancellor of the Board of Regents shall	147699
certify to the Director of Budget and Management the amount	147700
necessary to pay any outstanding prior year obligations to higher	147701
education institutions for the state's need-based financial aid	147702
programs. The amounts certified are hereby appropriated to	147703
appropriation item 235618, State Need-based Financial Aid	147704
Reconciliation, from revenues received in the State Need-based	147705
Financial Aid Reconciliation Fund (Fund 5Y50).	147706

Section 371.60.20. (A) As used in this section:

147707

(1) "Board of trustees" includes the managing authority of a	147708
university branch district.	147709

(2) "State institution of higher education" has the same	147710
meaning as in section 3345.011 of the Revised Code.	147711

(B) The board of trustees of any state institution of higher	147712
education, notwithstanding any rule of the institution to the	147713
contrary, may adopt a policy providing for mandatory furloughs of	147714
employees, including faculty, to achieve spending reductions	147715
necessitated by institutional budget deficits.	147716

Section 371.60.40. EFFICIENCY ADVISORY COMMITTEE

147717

The Chancellor of the Board of Regents shall establish an	147718
efficiency advisory committee for the purpose of generating	147719
optimal efficiency plans for campuses, identifying shared services	147720
opportunities, and sharing best practices. The efficiency advisory	147721
committee shall also attempt to reduce the cost of textbooks and	147722
other education resource materials. The committee shall meet at	147723
the call of the Chancellor or the Chancellor's designee, but at	147724
least quarterly. Each state institution of higher education shall	147725
designate an employee to serve as its efficiency officer	147726
responsible for the evaluation and improvement of operational	147727
efficiencies on campus. Each efficiency officer shall serve on the	147728
efficiency advisory committee.	147729

Section 371.60.50. TEXTBOOK AFFORDABILITY

147730

Each state institution of higher education shall submit to	147731
the Chancellor of the Board of Regents by December 31, 2011, a	147732
plan to reduce the cost to students of textbooks and other	147733
education resource materials.	147734

Section 371.60.60. TUITION TRUST AUTHORITY APPROPRIATION LINE	147735
ITEM TRANSFER	147736

On July 1, 2011, or as soon as possible thereafter, the	147737
Director of Budget and Management, upon request by the Chancellor	147738
of the Board of Regents, shall cancel any existing encumbrances	147739
against appropriation item 095602, Variable Savings Plans, and	147740
re-establish them against appropriation item 235663, Variable	147741
Savings Plans. The re-established encumbrance amounts are hereby	147742
appropriated.	147743

On July 1, 2011, or as soon as possible thereafter, the	147744
Director of Budget and Management, upon request by the Chancellor	147745
of the Board of Regents, shall cancel any existing encumbrances	147746
against appropriation item 095601, Guaranteed Savings Plan, and	147747
re-establish them against appropriation item 235664, Guaranteed	147748
Savings Plan. The re-established encumbrance amounts are hereby	147749
appropriated.	147750

Section 371.60.70. (A) Notwithstanding anything to the	147751
contrary in sections 3333.81 to 3333.88 of the Revised Code, the	147752
distance learning clearinghouse required to be established under	147753
those sections shall be located at the Ohio Resource Center for	147754
Mathematics, Science, and Reading administered by the College of	147755
Education and Human Ecology at The Ohio State University. The	147756
College shall provide access to its online repository of	147757
educational content to offer courses from multiple providers at	147758
competitive prices for Ohio students in grades kindergarten to	147759
twelve.	147760

(B) The College shall review the content of each course	147761
offered to assess the course's alignment with the academic	147762
standards adopted under division (A) of section 3301.079 of the	147763
Revised Code and shall publish its determination about the degree	147764
of alignment.	147765

(C) The College shall indicate, for each course offered, the	147766
academic credit that a student may reasonably expect to earn upon	147767
successful completion of the course. However, in accordance with	147768
section 3333.85 of the Revised Code, the school district or school	147769
in which the student is enrolled retains full authority to	147770
determine the credit awarded to the student.	147771

(D) As prescribed by section 3333.84 of the Revised Code, the	147772
fee charged for a course shall be set by the course provider. The	147773
College may retain a percentage of the fee to offset the cost of	147774
maintaining the course repository.	147775

(E) The College may establish policies to protect the	147776
proprietary interest in or intellectual property of the	147777
educational content and courses that are housed in the course	147778
repository. The College may require end users to agree to the	147779
terms of any such policies prior to accessing the repository.	147780

Section 371.60.80. (A) The Ohio Digital Learning Task Force	147781
is hereby established to develop a strategy for the expansion of	147782
digital learning that enables students to customize their	147783
education, produces cost savings, and meets the needs of Ohio's	147784
economy. The Task Force shall consist of the following members:	147785

(1) The Chancellor of the Ohio Board of Regents or the	147786
Chancellor's designee;	147787

(2) The Superintendent of Public Instruction or the	147788
Superintendent's designee;	147789

(3) The Director of the Governor's Office of 21st Century	147790
Education or the Director's designee;	147791

(4) Up to six members appointed by the Governor, who shall be	147792
representatives of school districts or community schools,	147793
established under Chapter 3314. of the Revised Code, that are	147794
high-performing of their type and have demonstrated the ability to	147795
incorporate technology into the classroom successfully;	147796

(5) A member appointed by the President of the Senate;

147797

(6) A member appointed by the Speaker of the House of	147798
Representatives.	147799

(B) Members of the Task Force shall be appointed not later	147800
than sixty days after the effective date of this section.	147801
Vacancies on the Task Force shall be filled in the same manner as	147802
the original appointments. Members shall serve without	147803
compensation.	147804

(C) The Governor shall designate the chairperson of the Task	147805
Force. All meetings of the Task Force shall be held at the call of	147806
the chairperson.	147807

(D) The Task Force shall do all of the following:

147808

(1) Request information from textbook publishers about the	147809
development of digital textbooks and other new digital content	147810
distribution methods for use by primary, secondary, and	147811
post-secondary schools and institutions and examine that	147812
information;	147813

(2) Examine potential cost savings and efficiency of	147814
utilizing digital textbooks and other new digital content	147815
distribution methods in primary, secondary, and post-secondary	147816
schools and institutions;	147817

(3) Examine potential academic benefits of utilizing digital	147818
textbooks and other new digital content distribution methods,	147819
including, but not limited to, the ability to individualize	147820
content to specific student learning styles, accessibility for	147821
individuals with disabilities, and the integration of formative	147822
and other online assessments;	147823

(4) Examine digital content pilot programs and initiatives	147824
currently operating at primary, secondary, and post-secondary	147825
schools and institutions in Ohio, including, but not limited to,	147826
those financed in part with federal funds;	147827

(5) Examine any state-level initiatives to provide or	147828
facilitate use of digital content in primary, secondary, and	147829
post-secondary schools and institutions in Ohio.	147830

(E) The Task Force shall make recommendations regarding all	147831
of the following:	147832

(1) The creation of high quality digital content and	147833
instruction in grades kindergarten to twelve for free access by	147834
public and nonpublic schools and students receiving home	147835
instruction;	147836

(2) High quality professional development for teachers and	147837
principals providing online instruction or blended learning	147838
programs;	147839

(3) Funding strategies that create incentives for high	147840
performance, innovation, and options in course providers and	147841
delivery;	147842

(4) Student assessment and accountability;

147843

(5) Infrastructure to support digital learning;

147844

(6) Mobile learning and mobile learning applications;

147845

(7) The clearinghouse established under section 3333.82 of	147846
the Revised Code;	147847

(8) Ways to align the resources and digital learning	147848
initiatives of state agencies and offices;	147849

(9) Methods for removing redundancy and inefficiency in, and	147850
for providing coordination, of all digital learning programs,	147851
including the provision of free online instruction to public and	147852
nonpublic schools on a statewide basis;	147853

(10) Methods of addressing future changes in technology and	147854
learning.	147855

(E) Not later than March 1, 2012, the Task Force shall issue	147856
a report of its findings and recommendations to the Governor, the	147857
President of the Senate, and the Speaker of the House of	147858
Representatives. Upon issuance of its report, the Task Force shall	147859
cease to exist.	147860

Section 371.60.90. Not later than six months after the	147861
effective date of this section, the Chancellor of the Ohio Board	147862
of Regents shall do both of the following:	147863

(A) Take steps to facilitate full implementation of any	147864
digital textbook and digital content pilot programs currently	147865
planned at any state institutions of higher education in Ohio;	147866

(B) Take steps to ensure that those pilot programs examine	147867
the potential cost savings and efficiencies of digital content and	147868
the potential academic benefits, including, but not limited to,	147869
the ability to individualize content to specific student learning	147870
styles, accessibility for individuals with disabilities, and the	147871
integration of formative and other online assessments.	147872

Section 371.70.10. On July 1, 2011, or as soon as possible	147873
thereafter, the Chancellor of the Board of Regents shall pay to	147874
The Ohio State University an amount equal to the cash balance in	147875
the OSU Highway/Transportation Research Fund (Fund 6490). The	147876
amount of the payment is hereby appropriated from Fund 6490. Upon	147877
completion of the payment, Fund 6490 is hereby abolished and the	147878
Chancellor of the Board of Regents shall cancel any existing	147879
encumbrances against appropriation item 235607, The Ohio State	147880
University Highway/Transportation Research.	147881

Section 373.10. DRC DEPARTMENT OF REHABILITATION AND	147882
CORRECTION	147883

General Revenue Fund							147884
GRF	501321	Institutional Operations	$	909,547,156	$	866,592,589	147885
GRF	501403	Prisoner Compensation	$	8,599,255	$	8,599,255	147886
GRF	501405	Halfway House	$	43,637,069	$	43,622,104	147887
GRF	501406	Lease Rental Payments	$	42,863,100	$	104,301,500	147888
GRF	501407	Community Nonresidential Programs	$	25,859,382	$	25,839,390	147889
GRF	501408	Community Misdemeanor Programs	$	14,906,800	$	14,906,800	147890
GRF	501501	Community Residential Programs - CBCF	$	62,692,785	$	62,477,785	147891
GRF	502321	Mental Health Services	$	58,525,816	$	51,778,513	147892
GRF	503321	Parole and Community Operations	$	68,197,272	$	63,783,848	147893
GRF	504321	Administrative Operations	$	21,996,504	$	20,085,474	147894
GRF	505321	Institution Medical Services	$	209,231,014	$	195,241,961	147895
GRF	506321	Institution Education Services	$	20,237,576	$	18,086,492	147896
GRF	507321	Institution Recovery Services	$	5,786,109	$	5,375,737	147897
TOTAL GRF General Revenue Fund			$	1,492,079,838	$	1,480,691,448	147898

General Services Fund Group	147899

1480	501602	Services and Agricultural	$	3,579,250	$	3,584,263	147900
2000	501607	Ohio Penal Industries	$	38,000,000	$	38,000,000	147901
4830	501605	Property Receipts	$	182,723	$	182,086	147902
4B00	501601	Sewer Treatment Services	$	2,145,630	$	2,157,682	147903
4D40	501603	Prisoner Programs	$	14,900,000	$	14,900,000	147904
4L40	501604	Transitional Control	$	1,168,843	$	1,213,120	147905
4S50	501608	Education Services	$	2,376,041	$	2,359,775	147906
5710	501606	Training Academy Receipts	$	125,000	$	125,000	147907
5930	501618	Laboratory Services	$	6,665,137	$	6,664,729	147908
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	147909
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	147910
5L60	501611	Information Technology Services	$	600,000	$	600,000	147911
TOTAL GSF General Services Fund Group			$	73,182,624	$	73,226,655	147912

Federal Special Revenue Fund Group	147913

3230	501619	Federal Grants	$	9,013,558	$	9,180,703	147914
TOTAL FED Federal Special Revenue							147915
Fund Group			$	9,013,558	$	9,180,703	147916

TOTAL ALL BUDGET FUND GROUPS

1,574,276,020

1,563,098,806

147917

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	147918
SENTENCING REFORMS	147919

For the purposes of implementing criminal sentencing reforms,	147920
and notwithstanding any other provision of law to the contrary,	147921
the Director of Budget and Management, at the request of the	147922
Director of Rehabilitation and Correction, may transfer up to	147923
$14,000,000 in appropriations, in each of fiscal years 2012 and	147924
2013, from appropriation item 501321, Institutional Operations, to	147925
any combination of appropriation items 501405, Halfway House;	147926
501407, Community Residential Programs; 501408, Community	147927
Misdemeanor Programs; and 501501, Community Residential Programs -	147928
CBCF.	147929

OHIO BUILDING AUTHORITY LEASE PAYMENTS

147930

The foregoing appropriation item 501406, Lease Rental	147931
Payments, shall be used to meet all payments at the times they are	147932
required to be made during the period from July 1, 2011, through	147933
June 30, 2013, by the Department of Rehabilitation and Correction	147934
to the Ohio Building Authority under the primary leases and	147935
agreements for those buildings made under Chapter 152. of the	147936
Revised Code. These appropriations are the source of funds pledged	147937
for bond service charges or obligations issued pursuant to Chapter	147938
152. of the Revised Code.	147939

OSU MEDICAL CHARGES

147940

Notwithstanding section 341.192 of the Revised Code, at the	147941
request of the Department of Rehabilitation and Correction, The	147942
Ohio State University Medical Center, including the James Cancer	147943
Hospital and Solove Research Institute and the Richard M. Ross	147944
Heart Hospital, shall provide necessary care to persons who are	147945
confined in state adult correctional facilities. The provision of	147946
necessary care shall be billed to the Department at a rate not to	147947
exceed the authorized reimbursement rate for the same service	147948
established by the Department of Job and Family Services under the	147949
Medical Assistance Program.	147950

Section 375.10. RSC REHABILITATION SERVICES COMMISSION

147951

General Revenue Fund	147952

GRF	415402	Independent Living Council	$	252,000	$	252,000	147953
GRF	415406	Assistive Technology	$	26,618	$	26,618	147954
GRF	415431	Office for People with Brain Injury	$	126,567	$	126,567	147955
GRF	415506	Services for People with Disabilities	$	12,777,884	$	12,777,884	147956
GRF	415508	Services for the Deaf	$	28,000	$	28,000	147957
TOTAL GRF General Revenue Fund			$	13,211,069	$	13,211,069	147958

General Services Fund Group	147959

4670	415609	Business Enterprise Operating Expenses	$	1,308,431	$	1,303,090	147960
TOTAL GSF General Services							147961
Fund Group			$	1,308,431	$	1,303,090	147962

Federal Special Revenue Fund Group	147963

3170	415620	Disability Determination	$	97,579,095	$	97,579,095	147964
3790	415616	Federal - Vocational Rehabilitation	$	103,160,426	$	103,150,102	147965
3L10	415601	Social Security Personal Care Assistance	$	3,370,000	$	3,370,000	147966
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	147967
3L10	415608	Social Security Special Programs/Assistance	$	1,521,406	$	1,520,184	147968
3L40	415612	Federal Independent Living Centers or Services	$	652,222	$	652,222	147969
3L40	415615	Federal - Supported Employment	$	929,755	$	929,755	147970
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	2,137,338	$	2,137,338	147971
TOTAL FED Federal Special							147972
Revenue Fund Group			$	210,122,242	$	210,110,696	147973

State Special Revenue Fund Group	147974

4680	415618	Third Party Funding	$	10,802,589	$	10,802,589	147975
4L10	415619	Services for Rehabilitation	$	3,700,000	$	3,700,000	147976
4W50	415606	Program Management Expenses	$	11,636,730	$	11,587,201	147977
TOTAL SSR State Special							147978
Revenue Fund Group			$	26,139,319	$	26,089,790	147979
TOTAL ALL BUDGET FUND GROUPS			$	250,781,061	$	250,714,645	147980

INDEPENDENT LIVING COUNCIL

147981

The foregoing appropriation item 415402, Independent Living	147982
Council, shall be used to fund the operations of the State	147983
Independent Living Council and to support state independent living	147984
centers and independent living services under Title VII of the	147985
Independent Living Services and Centers for Independent Living of	147986
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	147987
U.S.C. 796d.	147988

Of the foregoing appropriation item 415402, Independent	147989
Living Council, $67,662 in each fiscal year shall be used as state	147990
matching funds for vocational rehabilitation innovation and	147991
expansion activities.	147992

ASSISTIVE TECHNOLOGY

147993

The total amount of the foregoing appropriation item 415406,	147994
Assistive Technology, shall be provided to Assistive Technology of	147995
Ohio to provide grants and assistive technology services for	147996
people with disabilities in the State of Ohio.	147997

OFFICE FOR PEOPLE WITH BRAIN INJURY

147998

The foregoing appropriation item 415431, Office for People	147999
with Brain Injury, shall be used to plan and coordinate	148000
head-injury-related services provided by state agencies and other	148001
government or private entities, to assess the needs for such	148002
services, and to set priorities in this area.	148003

Of the foregoing appropriation item 415431, Office for People	148004
with Brain Injury, $44,067 in each fiscal year shall be used as	148005
state matching funds to provide vocational rehabilitation services	148006
to eligible consumers.	148007

VOCATIONAL REHABILITATION SERVICES

148008

The foregoing appropriation item 415506, Services for People	148009
with Disabilities, shall be used as state matching funds to	148010
provide vocational rehabilitation services to eligible consumers.	148011

At the request of the Chancellor of the Board of Regents, the	148012
Director of Budget and Management may transfer any unexpended,	148013
unencumbered appropriation in fiscal year 2012 or fiscal year 2013	148014
from appropriation item 235502, Student Support Services, to	148015
appropriation item 415506, Services for People with Disabilities.	148016
Any appropriation so transferred shall be used by the Ohio	148017
Rehabilitation Services Commission to obtain additional federal	148018
matching funds to serve disabled students.	148019

SERVICES FOR THE DEAF

148020

The foregoing appropriation item 415508, Services for the	148021
Deaf, shall be used to provide grants to community centers for the	148022
deaf.	148023

FEDERAL - VOCATIONAL REHABILITATION

148024

Of the foregoing appropriation item 415616, Federal -	148025
Vocational Rehabilitation, $250,000 in each fiscal year shall be	148026
provided to the Ohio Association of Rehabilitation Facilities to	148027
monitor provider accreditation compliance.	148028

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

148029

The foregoing appropriation item 415617, Independent	148030
Living/Vocational Rehabilitation Programs, shall be used to	148031
support vocational rehabilitation programs.	148032

SOCIAL SECURITY REIMBURSEMENT FUNDS

148033

Reimbursement funds received from the Social Security	148034
Administration, United States Department of Health and Human	148035
Services, for the costs of providing services and training to	148036
return disability recipients to gainful employment shall be	148037
expended from the Social Security Reimbursement Fund (Fund 3L10),	148038
to the extent funds are available, as follows:	148039

(A) Appropriation item 415601, Social Security Personal Care	148040
Assistance, to provide personal care services in accordance with	148041
section 3304.41 of the Revised Code;	148042

(B) Appropriation item 415605, Social Security Community	148043
Centers for the Deaf, to provide grants to community centers for	148044
the deaf in Ohio for services to individuals with hearing	148045
impairments; and	148046

(C) Appropriation item 415608, Social Security Special	148047
Programs/Assistance, to provide vocational rehabilitation services	148048
to individuals with severe disabilities who are Social Security	148049
beneficiaries, to enable them to achieve competitive employment.	148050
This appropriation item shall also be used to pay a portion of	148051
indirect costs of the Personal Care Assistance Program and the	148052
Independent Living Programs as mandated by federal OMB Circular	148053
A-87.	148054

PROGRAM MANAGEMENT EXPENSES

148055

The foregoing appropriation item 415606, Program Management	148056
Expenses, shall be used to support the administrative functions of	148057
the commission related to the provision of vocational	148058
rehabilitation, disability determination services, and ancillary	148059
programs.	148060

Section 377.10. RCB RESPIRATORY CARE BOARD

148061

General Services Fund Group	148062

4K90	872609	Operating Expenses	$	528,624	$	523,013	148063
TOTAL GSF General Services							148064
Fund Group			$	528,624	$	523,013	148065
TOTAL ALL BUDGET FUND GROUPS			$	528,624	$	523,013	148066

Section 379.10. RDF REVENUE DISTRIBUTION FUNDS

148068

Volunteer Firefighters' Dependents Fund	148069

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	148070
TOTAL 085 Volunteer Firefighters'							148071
Dependents Fund			$	300,000	$	300,000	148072
Agency Fund Group							148073
4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	148074
5JG0	110633	Gross Casino Revenue County Fund	$	5,778,617	$	138,882,294	148075
5JH0	110634	Gross Casino Revenue County Student Fund	$	3,852,412	$	92,588,196	148076
5JJ0	110636	Gross Casino Revenue Host City Fund	$	566,531	$	13,615,911	148077
5JK0	875610	Ohio State Racing Commission Fund	$	339,919	$	8,169,547	148078
5JL0	038629	Problem Casino Gambling and Addictions Fund	$	226,612	$	5,446,364	148079
5JN0	055654	Ohio Law Enforcement Training Fund	$	226,612	$	5,446,364	148080
6080	001699	Investment Earnings	$	50,000,000	$	150,000,000	148081
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	148082
7063	110963	Permissive Tax Distribution	$	1,904,500,000	$	1,980,700,000	148083
7067	110967	School District Income Tax	$	317,000,000	$	330,000,000	148084
TOTAL AGY Agency Fund Group			$	2,286,590,703	$	2,728,948,676	148085

Holding Account Redistribution	148086

R045	110617	International Fuel Tax Distribution	$	40,000,000	$	40,000,000	148087
TOTAL 090 Holding Account Redistribution Fund							148088
Revenue Distribution Fund Group			$	40,000,000	$	40,000,000	148089
7049	038900	Indigent Drivers Alcohol Treatment	$	2,200,000	$	2,200,000	148090
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	148091
7051	762901	Auto Registration Distribution	$	539,000,000	$	539,000,000	148092
7054	110954	Local Government Property Tax Replacement - Utility	$	16,000,000	$	11,000,000	148093
7060	110960	Gasoline Excise Tax Fund	$	393,000,000	$	395,000,000	148094
7065	110965	Public Library Fund	$	354,000,000	$	345,000,000	148095
7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	148096
7068	110968	State and Local Government Highway Distribution	$	193,000,000	$	196,000,000	148097
7069	110969	Local Government Fund	$	577,000,000	$	391,000,000	148098
7081	110981	Local Government Property Tax Replacement-Business	$	291,000,000	$	181,000,000	148099
7082	110982	Horse Racing Tax	$	100,000	$	100,000	148100
7083	700900	Ohio Fairs Fund	$	1,400,000	$	1,400,000	148101
TOTAL RDF Revenue Distribution							148102
Fund Group			$	2,410,800,000	$	2,105,800,000	148103
TOTAL ALL BUDGET FUND GROUPS			$	4,737,690,703	$	4,875,048,676	148104

ADDITIONAL APPROPRIATIONS

148105

Appropriation items in this section shall be used for the	148106
purpose of administering and distributing the designated revenue	148107
distribution funds according to the Revised Code. If it is	148108
determined that additional appropriations are necessary for this	148109
purpose, such amounts are hereby appropriated.	148110

GENERAL REVENUE FUND TRANSFERS

148111

Notwithstanding any provision of law to the contrary, in	148112
fiscal year 2012 and fiscal year 2013, the Director of Budget and	148113
Management may transfer from the General Revenue Fund to the Local	148114
Government Tangible Property Tax Replacement Fund (Fund 7081) in	148115
the Revenue Distribution Fund Group, those amounts necessary to	148116
reimburse local taxing units under section 5751.22 of the Revised	148117
Code. Also, in fiscal year 2012 and fiscal year 2013, the Director	148118
of Budget and Management may make temporary transfers from the	148119
General Revenue Fund to ensure sufficient balances in the Local	148120
Government Tangible Property Tax Replacement Fund (Fund 7081) and	148121
to replenish the General Revenue Fund for such transfers.	148122

Section 381.10. SAN BOARD OF SANITARIAN REGISTRATION

148123

General Services Fund Group	148124

4K90	893609	Operating Expenses	$	141,839	$	126,850	148125
TOTAL GSF General Services							148126
Fund Group			$	141,839	$	126,850	148127
TOTAL ALL BUDGET FUND GROUPS			$	141,839	$	126,850	148128

Section 383.10. OSB OHIO STATE SCHOOL FOR THE BLIND

148130

General Revenue Fund	148131

GRF	226100	Personal Services	$	6,593,546	$	6,593,546	148132
GRF	226200	Maintenance	$	619,528	$	619,528	148133
GRF	226300	Equipment	$	65,505	$	65,505	148134
TOTAL GRF General Revenue Fund			$	7,278,579	$	7,278,579	148135

General Services Fund Group	148136

4H80	226602	Education Reform Grants	$	60,086	$	60,086	148137
TOTAL GSF General Services							148138
Fund Group			$	60,086	$	60,086	148139

Federal Special Revenue Fund Group	148140

3100	226626	Coordinating Unit	$	2,527,104	$	2,527,104	148141
3DT0	226621	Ohio Transition Collaborative	$	1,800,000	$	1,800,000	148142
3P50	226643	Medicaid Professional Services Reimbursement	$	50,000	$	50,000	148143
TOTAL FED Federal Special							148144
Revenue Fund Group			$	4,377,104	$	4,377,104	148145

State Special Revenue Fund Group	148146

4M50	226601	Work Study and Technology Investment	$	698,521	$	698,521	148147
TOTAL SSR State Special Revenue							148148
Fund Group			$	698,521	$	698,521	148149
TOTAL ALL BUDGET FUND GROUPS			$	12,414,290	$	12,414,290	148150

Section 385.10. OSD OHIO SCHOOL FOR THE DEAF

148152

General Revenue Fund	148153

GRF	221100	Personal Services	$	7,842,339	$	7,842,339	148154
GRF	221200	Maintenance	$	814,532	$	814,532	148155
GRF	221300	Equipment	$	70,786	$	70,786	148156
TOTAL GRF General Revenue Fund			$	8,727,657	$	8,727,657	148157

General Services Fund Group	148158

4M10	221602	Education Reform Grants	$	74,903	$	74,903	148159
TOTAL GSF General Services							148160
Fund Group			$	74,903	$	74,903	148161

Federal Special Revenue Fund Group	148162

3110	221625	Coordinating Unit	$	2,460,135	$	2,460,135	148163
3R00	221684	Medicaid Professional Services Reimbursement	$	35,000	$	35,000	148164
3Y10	221686	Early Childhood Grant	$	300,000	$	300,000	148165
TOTAL FED Federal Special							148166
Revenue Fund Group			$	2,795,135	$	2,795,135	148167

State Special Revenue Fund Group	148168

4M00	221601	Educational Program Expenses	$	190,000	$	190,000	148169
5H60	221609	Even Start Fees and Gifts	$	126,750	$	126,750	148170
TOTAL SSR State Special Revenue							148171
Fund Group			$	316,750	$	316,750	148172
TOTAL ALL BUDGET FUND GROUPS			$	11,914,445	$	11,914,445	148173

Section 387.10. SFC SCHOOL FACILITIES COMMISSION

148175

General Revenue Fund	148176

GRF	230908		Common Schools General Obligation Debt Service		$	150,604,900		$	341,919,400		148177
TOTAL GRF General Revenue Fund					$	150,604,900		$	341,919,400		148178

State Special Revenue Fund Group	148179

5E30	230644	Operating Expenses	$	8,950,000	$	8,550,000	148180
TOTAL SSR State Special Revenue							148181
Fund Group			$	8,950,000	$	8,550,000	148182
TOTAL ALL BUDGET FUND GROUPS			$	159,554,900	$	350,469,400	148183

Section 387.20. COMMON SCHOOLS GENERAL OBLIGATION DEBT	148185
SERVICE	148186

The foregoing appropriation item 230908, Common Schools	148187
General Obligation Debt Service, shall be used to pay all debt	148188
service and related financing costs at the times they are required	148189
to be made during the period from July 1, 2011, through June 30,	148190
2013, for obligations issued under sections 151.01 and 151.03 of	148191
the Revised Code.	148192

OPERATING EXPENSES

148193

The foregoing appropriation item 230644, Operating Expenses,	148194
shall be used by the Ohio School Facilities Commission to carry	148195
out its responsibilities under this section and Chapter 3318. of	148196
the Revised Code.	148197

In both fiscal years 2012 and 2013, the Executive Director of	148198
the Ohio School Facilities Commission shall certify on a quarterly	148199
basis to the Director of Budget and Management the amount of cash	148200
from interest earnings to be transferred from the School Building	148201
Assistance Fund (Fund 7032), the Public School Building Fund (Fund	148202
7021), and the Educational Facilities Trust Fund (Fund N087) to	148203
the Ohio School Facilities Commission Fund (Fund 5E30). The amount	148204
transferred from the School Building Assistance Fund (Fund 7032)	148205
may not exceed investment earnings credited to the fund, less any	148206
amount required to be paid for federal arbitrage rebate purposes.	148207

If the Executive Director of the Ohio School Facilities	148208
Commission determines that transferring cash from interest	148209
earnings is insufficient to support operations and carry out its	148210
responsibilities under this section and Chapter 3318. of the	148211
Revised Code, the Commission may, with the approval of the	148212
Controlling Board, transfer cash not generated from interest from	148213
the Public School Building Fund (Fund 7021) and the Educational	148214
Trust Fund (Fund N087) to the Ohio School Facilities Commission	148215
Fund (Fund 5E30).	148216

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

148217

At the request of the Executive Director of the Ohio School	148218
Facilities Commission, the Director of Budget and Management may	148219
cancel encumbrances for school district projects from a previous	148220
biennium if the district has not raised its local share of project	148221
costs within thirteen months of receiving Controlling Board	148222
approval under section 3318.05 or 3318.41 of the Revised Code. The	148223
Executive Director of the Ohio School Facilities Commission shall	148224
certify the amounts of the canceled encumbrances to the Director	148225
of Budget and Management on a quarterly basis. The amounts of the	148226
canceled encumbrances are hereby appropriated.	148227

Section 387.30. AMENDMENT TO PROJECT AGREEMENT FOR	148228
MAINTENANCE LEVY	148229

The Ohio School Facilities Commission shall amend the project	148230
agreement between the Commission and a school district that is	148231
participating in the Accelerated Urban School Building Assistance	148232
Program on the effective date of this section, if the Commission	148233
determines that it is necessary to do so in order to comply with	148234
division (B)(3)(c) of section 3318.38 of the Revised Code.	148235

Section 387.40. CANTON CITY SCHOOL DISTRICT PROJECT

148236

(A) The Ohio School Facilities Commission may commit up to	148237
thirty-five million dollars to the Canton City School District for	148238
construction of a facility described in this section, in lieu of a	148239
high school that would otherwise be authorized under Chapter 3318.	148240
of the Revised Code. The Commission shall not commit funds under	148241
this section unless all of the following conditions are met:	148242

(1) The District has entered into a cooperative agreement	148243
with a state-assisted technical college;	148244

(2) The District has received an irrevocable commitment of	148245
additional funding from nonpublic sources; and	148246

(3) The facility is intended to serve both secondary and	148247
postsecondary instructional purposes.	148248

(B) The Commission shall enter into an agreement with the	148249
District for the construction of the facility authorized under	148250
this section that is separate from and in addition to the	148251
agreement required for the District's participation in the	148252
Classroom Facilities Assistance Program under section 3318.08 of	148253
the Revised Code. Notwithstanding that section and sections	148254
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	148255
agreement shall provide, but not be limited to, the following:	148256

(1) The Commission shall not have any oversight	148257
responsibilities over the construction of the facility.	148258

(2) The facility need not comply with the specifications for	148259
plans and materials for high schools adopted by the Commission.	148260

(3) The Commission may decrease the basic project cost that	148261
would otherwise be calculated for a high school under Chapter	148262
3318. of the Revised Code.	148263

(4) The state shall not share in any increases in the basic	148264
project cost for the facility above the amount authorized under	148265
this section.	148266

All other provisions of Chapter 3318. of the Revised Code	148267
apply to the approval and construction of a facility authorized	148268
under this section.	148269

The state funds committed to the facility authorized by this	148270
section shall be part of the total amount the state commits to the	148271
Canton City School District under Chapter 3318. of the Revised	148272
Code. All additional state funds committed to the Canton City	148273
School District for classroom facilities assistance shall be	148274
subject to all provisions of Chapter 3318. of the Revised Code.	148275

Section 387.50. Notwithstanding any other provision of law to	148276
the contrary, the Ohio School Facilities Commission may determine	148277
the amount of funding available for disbursement in a given fiscal	148278
year for any project approved under sections 3318.01 to 3318.20 of	148279
the Revised Code in order to keep aggregate state capital spending	148280
within approved limits and may take actions including, but not	148281
limited to, determining the schedule for design or bidding of	148282
approved projects, to ensure appropriate and supportable cash	148283
flow.	148284

Section 387.60. Notwithstanding division (B) of section	148285
3318.40 of the Revised Code, the Ohio School Facilities Commission	148286
may provide assistance to at least one joint vocational school	148287
district each fiscal year for the acquisition of classroom	148288
facilities in accordance with sections 3318.40 to 3318.45 of the	148289
Revised Code.	148290

Section 387.70. (A) As used in this section, "equity list"	148291
means the school district percentile rankings calculated under	148292
section 3318.011 of the Revised Code.	148293

(B) Not later than thirty days after the effective date of	148294
this section, the Department of Education shall create an	148295
alternate equity list for fiscal year 2011, for use in funding	148296
projects for fiscal year 2012, by recalculating each school	148297
district's percentile ranking under section 3318.011 of the	148298
Revised Code and shall certify the alternate equity list to the	148299
Ohio School Facilities Commission. For this purpose, the	148300
Department shall recalculate each school district's percentile	148301
ranking using the district's "average taxable value" as that term	148302
is defined in the version of section 3318.011 of the Revised Code,	148303
as it results from the amendments to that section enacted by this	148304
act.	148305

(C) The Commission shall use the alternate equity list	148306
certified under division (B) of this section to determine the	148307
priority for assistance under sections 3318.01 to 3318.20 of the	148308
Revised Code for fiscal year 2012 for each school district that	148309
has not previously been offered funding under those sections.	148310
However, no district that already has been offered assistance	148311
under those sections for fiscal year 2011 prior to the	148312
Commission's receipt of the alternate equity list shall be denied	148313
the opportunity for assistance under those sections for that	148314
fiscal year.	148315

(D) Notwithstanding any provision of Chapter 3318. of the	148316
Revised Code to the contrary, for each school district that	148317
receives the Commission's conditional approval of the district's	148318
project under sections 3318.01 to 3318.20 of the Revised Code for	148319
fiscal year 2012, the district's portion of the basic project cost	148320
shall be the lesser of the following:	148321

(1) The amount required under section 3318.032 of the Revised	148322
Code calculated using the percentile in which the district ranks	148323
on the alternate equity list certified under division (B) of this	148324
section;	148325

(2) The amount required under section 3318.032 of the Revised	148326
Code calculated using the percentile in which the district ranks	148327
on the original equity list for fiscal year 2011.	148328

Section 389.10. SOS SECRETARY OF STATE

148329

General Revenue Fund	148330

GRF	050321	Operating Expenses	$	2,144,030	$	2,144,030	148331
GRF	050407	Pollworkers Training	$	234,196	$	234,196	148332
TOTAL GRF General Revenue Fund			$	2,378,226	$	2,378,226	148333

General Services Fund Group	148334

4120	050609	Notary Commission	$	475,000	$	475,000	148335
4130	050601	Information Systems	$	49,000	$	49,000	148336
4140	050602	Citizen Education Fund	$	25,000	$	25,000	148337
4S80	050610	Board of Voting Machine Examiners	$	7,200	$	7,200	148338
5FG0	050620	BOE Reimbursement and Education	$	100,000	$	100,000	148339
TOTAL General Services Fund Group			$	656,200	$	656,200	148340

Federal Special Revenue Fund Group	148341

3AH0	050614	Election Reform/Health and Human Services	$	800,000	$	800,000	148342
3AS0	050616	Help America Vote Act (HAVA)	$	3,000,000	$	3,000,000	148343
TOTAL FED Federal Special Revenue							148344
Fund Group			$	3,800,000	$	3,800,000	148345

State Special Revenue Fund Group	148346

5990	050603	Business Services Operating Expenses	$	14,385,400	$	14,385,400	148347
TOTAL SSR State Special Revenue							148348
Fund Group			$	14,385,400	$	14,385,400	148349

Holding Account Redistribution Fund Group	148350

R001	050605	Uniform Commercial Code Refunds	$	30,000	$	30,000	148351
R002	050606	Corporate/Business Filing Refunds	$	85,000	$	85,000	148352
TOTAL 090 Holding Account							148353
Redistribution Fund Group			$	115,000	$	115,000	148354
TOTAL ALL BUDGET FUND GROUPS			$	21,334,826	$	21,334,826	148355

POLLWORKER TRAINING

148356

The foregoing appropriation item 050407, Pollworkers	148357
Training, shall be used to reimburse county boards of elections	148358
for pollworker training pursuant to section 3501.27 of the Revised	148359
Code. At the end of fiscal year 2012, an amount equal to the	148360
unexpended, unencumbered portion of appropriation item 050407,	148361
Pollworkers Training, is hereby reappropriated in fiscal year 2013	148362
for the same purpose.	148363

BOARD OF VOTING MACHINE EXAMINERS

148364

The foregoing appropriation item 050610, Board of Voting	148365
Machine Examiners, shall be used to pay for the services and	148366
expenses of the members of the Board of Voting Machine Examiners,	148367
and for other expenses that are authorized to be paid from the	148368
Board of Voting Machine Examiners Fund, which is created in	148369
section 3506.05 of the Revised Code. Moneys not used shall be	148370
returned to the person or entity submitting equipment for	148371
examination. If it is determined that additional appropriations	148372
are necessary, such amounts are hereby appropriated.	148373

HAVA FUNDS

148374

An amount equal to the unexpended, unencumbered portion of	148375
appropriation item 050616, Help America Vote Act (HAVA) Voting	148376
Machines, at the end of fiscal year 2012 is reappropriated for the	148377
same purpose in fiscal year 2013.	148378

An amount equal to the unexpended, unencumbered portion of	148379
appropriation item 050614, Election Reform/Health and Human	148380
Services, at the end of fiscal year 2012 is reappropriated for the	148381
same purpose in fiscal year 2013.	148382

The Director of Budget and Management shall credit the	148383
ongoing interest earnings from the Election Reform/Health and	148384
Human Services Fund (Fund 3AH0), the Help America Vote Act (HAVA)	148385
Voting Machines Fund (Fund 3AS0), and the Election Data Collection	148386
Grant Fund (Fund 3AC0) to the respective funds and distribute	148387
these earnings in accordance with the terms of the grant under	148388
which the money is received.	148389

HOLDING ACCOUNT REDISTRIBUTION GROUP

148390

The foregoing appropriation items 050605, Uniform Commercial	148391
Code Refunds, and 050606, Corporate/Business Filing Refunds, shall	148392
be used to hold revenues until they are directed to the	148393
appropriate accounts or until they are refunded. If it is	148394
determined that additional appropriations are necessary, such	148395
amounts are hereby appropriated.	148396

ABOLITION OF THE TECHNOLOGY IMPROVEMENTS FUND

148397

On July 1, 2011, or as soon as possible thereafter, the	148398
Director of Budget and Management shall transfer the cash balance	148399
in the Technology Improvements Fund (Fund 5N90) to the Business	148400
Services Operating Expenses Fund (Fund 5990). The Director shall	148401
cancel any existing encumbrances against appropriation item	148402
050607, Technology Improvements, and re-establish them against	148403
appropriation item 050603, Business Services Operating Expenses.	148404
The re-established encumbered amounts are hereby appropriated.	148405
Upon completion of the transfer, Fund 5N90 is abolished.	148406

Section 391.10. SEN THE OHIO SENATE

148407

General Revenue Fund	148408

GRF	020321		Operating Expenses		$	10,911,095		$	10,911,095		148409
TOTAL GRF General Revenue Fund					$	10,911,095		$	10,911,095		148410

General Services Fund Group	148411

1020	020602	Senate Reimbursement	$	852,001	$	852,001	148412
4090	020601	Miscellaneous Sales	$	34,497	$	34,497	148413
TOTAL GSF General Services							148414
Fund Group			$	886,498	$	886,498	148415
TOTAL ALL BUDGET FUND GROUPS			$	11,797,593	$	11,797,593	148416

OPERATING EXPENSES

148417

On July 1, 2011, or as soon as possible thereafter, the Clerk	148418
of the Senate may certify to the Director of Budget and Management	148419
the amount of the unexpended, unencumbered balance of the	148420
foregoing appropriation item 020321, Operating Expenses, at the	148421
end of fiscal year 2011 to be reappropriated to fiscal year 2012.	148422
The amount certified is hereby reappropriated to the same	148423
appropriation item for fiscal year 2012.	148424

On July 1, 2012, or as soon as possible thereafter, the Clerk	148425
of the Senate may certify to the Director of Budget and Management	148426
the amount of the unexpended, unencumbered balance of the	148427
foregoing appropriation item 020321, Operating Expenses, at the	148428
end of fiscal year 2012 to be reappropriated to fiscal year 2013.	148429
The amount certified is hereby reappropriated to the same	148430
appropriation item for fiscal year 2013.	148431

Section 393.10. CSV COMMISSION ON SERVICE AND VOLUNTEERISM

148432

General Revenue Fund	148433

GRF	866321		CSV Operations		$	129,998		$	126,664		148434
TOTAL GRF General Revenue Fund					$	129,998		$	126,664		148435

General Services Fund	148436

5GN0	866605		Serve Ohio Support		$	67,500		$	67,500		148437
TOTAL GSF General Services Fund					$	67,500		$	67,500		148438

Federal Special Revenue Fund Group	148439

3R70	866617	AmeriCorps Programs	$	8,279,290	$	8,272,110	148440
TOTAL FED Federal Special Revenue							148441
Fund Group			$	8,279,290	$	8,272,110	148442

State Special Revenue Fund Group	148443

6240	866604	Volunteer Contracts and Services	$	49,130	$	47,870	148444
TOTAL SSR State Special Revenue							148445
Fund Group			$	49,130	$	47,870	148446
TOTAL ALL BUDGET FUND GROUPS			$	8,525,918	$	8,514,144	148447

Section 395.10. CSF COMMISSIONERS OF THE SINKING FUND

148449

Debt Service Fund Group	148450

7070	155905	Third Frontier Research and Development Bond Retirement Fund	$	29,323,300	$	63,640,300	148451
7072	155902	Highway Capital Improvement Bond Retirement Fund	$	143,176,000	$	150,789,300	148452
7073	155903	Natural Resources Bond Retirement Fund	$	5,375,300	$	25,209,100	148453
7074	155904	Conservation Projects Bond Retirement Fund	$	24,556,800	$	29,297,300	148454
7076	155906	Coal Research and Development Bond Retirement Fund	$	7,861,100	$	5,577,700	148455
7077	155907	State Capital Improvement Bond Retirement Fund	$	113,306,600	$	215,571,100	148456
7078	155908	Common Schools Bond Retirement Fund	$	150,604,900	$	341,919,400	148457
7079	155909	Higher Education Bond Retirement Fund	$	108,262,500	$	201,555,000	148458
7080	155901	Persian Gulf, Afghanistan, and Iraq Conflicts Bond Retirement Fund	$	5,497,700	$	10,112,100	148459
7090	155912	Job Ready Site Development Bond Retirement Fund	$	9,859,200	$	15,680,500	148460
TOTAL DSF Debt Service Fund Group			$	597,823,400	$	1,059,351,800	148461
TOTAL ALL BUDGET FUND GROUPS			$	597,823,400	$	1,059,351,800	148462

ADDITIONAL APPROPRIATIONS

148463

Appropriation items in this section are for the purpose of	148464
paying debt service and financing costs on bonds or notes of the	148465
state issued under the Ohio Constitution and acts of the General	148466
Assembly. If it is determined that additional amounts are	148467
necessary for this purpose, such amounts are hereby appropriated.	148468

Section 397.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	148469
DEVELOPMENT FOUNDATION	148470

Tobacco Master Settlement Agreement Fund Group	148471

5M90	945601	Operating Expenses	$	436,500	$	426,800	148472
TOTAL TMF Tobacco Master Settlement Agreement Fund Group			$	436,500	$	426,800	148473
TOTAL ALL BUDGET FUND GROUPS			$	436,500	$	426,800	148474

Section 399.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	148476
AUDIOLOGY	148477

General Services Fund Group	148478

4K90	886609	Operating Expenses	$	477,490	$	472,260	148479
TOTAL GSF General Services							148480
Fund Group			$	477,490	$	472,260	148481
TOTAL ALL BUDGET FUND GROUPS			$	477,490	$	472,260	148482

Section 401.10. BTA BOARD OF TAX APPEALS

148484

General Revenue Fund	148485

GRF	116321	Operating Expenses	$	1,600,000	$	1,700,000	148486
TOTAL GRF General Revenue Fund			$	1,600,000	$	1,700,000	148487
TOTAL ALL BUDGET FUND GROUPS			$	1,600,000	$	1,700,000	148488

Section 403.10. TAX DEPARTMENT OF TAXATION

148490

General Revenue Fund	148491

GRF	110321	Operating Expenses	$	73,500,000	$	73,550,000	148492
GRF	110404	Tobacco Settlement Enforcement	$	200,000	$	200,000	148493
GRF	110412	Child Support Administration	$	15,804	$	15,804	148494
GRF	110901	Property Tax Allocation - Taxation	$	610,900,000	$	616,000,000	148495
TOTAL GRF General Revenue Fund			$	684,615,804	$	689,765,804	148496

General Services Fund Group	148497

2280	110628	Tax Reform System Implementation	$	13,638,008	$	13,642,176	148498
4330	110602	Tape File Account	$	197,802	$	197,878	148499
5AP0	110632	Discovery Project	$	2,445,799	$	2,445,657	148500
5BW0	110630	Tax Amnesty Promotion and Administration	$	2,500,000	$	0	148501
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	148502
5N50	110605	Municipal Income Tax Administration	$	339,798	$	339,975	148503
5N60	110618	Kilowatt Hour Tax Administration	$	150,000	$	150,000	148504
5V80	110623	Property Tax Administration	$	12,195,733	$	12,099,303	148505
5W40	110625	Centralized Tax Filing and Payment	$	200,000	$	200,000	148506
5W70	110627	Exempt Facility Administration	$	50,000	$	50,000	148507
TOTAL GSF General Services							148508
Fund Group			$	31,967,140	$	29,374,989	148509

State Special Revenue Fund Group	148510

4350	110607	Local Tax Administration	$	19,028,339	$	19,225,941	148511
4360	110608	Motor Vehicle Audit	$	1,474,081	$	1,474,353	148512
4370	110606	Litter/Natural Resource Tax Administration	$	20,000	$	20,000	148513
4380	110609	School District Income Tax	$	5,859,041	$	5,860,650	148514
4C60	110616	International Registration Plan	$	689,296	$	689,308	148515
4R60	110610	Tire Tax Administration	$	245,462	$	246,660	148516
5V70	110622	Motor Fuel Tax Administration	$	5,384,254	$	5,086,236	148517
6390	110614	Cigarette Tax Enforcement	$	1,384,217	$	1,384,314	148518
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	148519
6880	110615	Local Excise Tax Administration	$	782,630	$	782,843	148520
TOTAL SSR State Special Revenue							148521
Fund Group			$	35,367,320	$	35,270,305	148522

Agency Fund Group	148523

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	148524
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	148525
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	148526

Holding Account Redistribution Fund Group	148527

R010	110611	Tax Distributions	$	50,000	$	50,000	148528
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	148529
TOTAL 090 Holding Account							148530
Redistribution Fund Group			$	100,000	$	100,000	148531
TOTAL ALL BUDGET FUND GROUPS			$	2,319,850,264	$	2,322,311,098	148532

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

148533

The foregoing appropriation item 110901, Property Tax	148534
Allocation - Taxation, is hereby appropriated to pay for the	148535
state's costs incurred due to the Homestead Exemption, the	148536
Manufactured Home Property Tax Rollback, and the Property Tax	148537
Rollback. The Tax Commissioner shall distribute these funds	148538
directly to the appropriate local taxing districts, except for	148539
school districts, notwithstanding the provisions in sections	148540
321.24 and 323.156 of the Revised Code, which provide for payment	148541
of the Homestead Exemption, the Manufactured Home Property Tax	148542
Rollback, and Property Tax Rollback by the Tax Commissioner to the	148543
appropriate county treasurer and the subsequent redistribution of	148544
these funds to the appropriate local taxing districts by the	148545
county auditor.	148546

Upon receipt of these amounts, each local taxing district	148547
shall distribute the amount among the proper funds as if it had	148548
been paid as real property taxes. Payments for the costs of	148549
administration shall continue to be paid to the county treasurer	148550
and county auditor as provided for in sections 319.54, 321.26, and	148551
323.156 of the Revised Code.	148552

Any sums, in addition to the amounts specifically	148553
appropriated in appropriation item 110901, Property Tax Allocation	148554
- Taxation, for the Homestead Exemption, the Manufactured Home	148555
Property Tax Rollback, and the Property Tax Rollback payments,	148556
which are determined to be necessary for these purposes, are	148557
hereby appropriated.	148558

TAX AMNESTY PROMOTION AND ADMINISTRATION

148559

The foregoing appropriation item 110630, Tax Amnesty	148560
Promotion and Administration, shall be used to pay expenses	148561
incurred to promote and administer the tax amnesty program to be	148562
conducted from May 1, 2012, through June 15, 2012, by the	148563
Department of Taxation pursuant to Section 757.40 of this act.	148564

MUNICIPAL INCOME TAX

148565

The foregoing appropriation item 110995, Municipal Income	148566
Tax, shall be used to make payments to municipal corporations	148567
under section 5745.05 of the Revised Code. If it is determined	148568
that additional appropriations are necessary to make such	148569
payments, such amounts are hereby appropriated.	148570

TAX REFUNDS

148571

The foregoing appropriation item 110635, Tax Refunds, shall	148572
be used to pay refunds under section 5703.052 of the Revised Code.	148573
If it is determined that additional appropriations are necessary	148574
for this purpose, such amounts are hereby appropriated.	148575

INTERNATIONAL REGISTRATION PLAN AUDIT

148576

The foregoing appropriation item 110616, International	148577
Registration Plan, shall be used under section 5703.12 of the	148578
Revised Code for audits of persons with vehicles registered under	148579
the International Registration Plan.	148580

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

148581

Of the foregoing appropriation item 110607, Local Tax	148582
Administration, the Tax Commissioner may disburse funds, if	148583
available, for the purposes of paying travel expenses incurred by	148584
members of Ohio's delegation to the Streamlined Sales Tax Project,	148585
as appointed under section 5740.02 of the Revised Code. Any travel	148586
expense reimbursement paid for by the Department of Taxation shall	148587
be done in accordance with applicable state laws and guidelines.	148588

CENTRALIZED TAX FILING AND PAYMENT FUND

148589

The Director of Budget and Management, under a plan submitted	148590
by the Tax Commissioner, or as otherwise determined by the	148591
Director of Budget and Management, shall set a schedule to	148592
transfer cash from the General Revenue Fund to the credit of the	148593
Centralized Tax Filing and Payment Fund (Fund 5W40). The transfers	148594
of cash shall not exceed $400,000 in the biennium.	148595

TOBACCO SETTLEMENT ENFORCEMENT

148596

The foregoing appropriation item 110404, Tobacco Settlement	148597
Enforcement, shall be used by the Tax Commissioner to pay costs	148598
incurred in the enforcement of divisions (F) and (G) of section	148599
5743.03 of the Revised Code.	148600

Section 403.20. FUND TRANSFERS TO TAX AMNESTY PROGRAM

148601

Notwithstanding any provision of law to the contrary, not	148602
later than thirty days following the effective date of this	148603
section, the Director of Budget and Management shall transfer	148604
$2,500,000 from the General Revenue Fund to the Tax Amnesty	148605
Promotion and Administration Fund (5BW0), which is hereby created	148606
in the state treasury. The funds shall be used by the Department	148607
of Taxation to pay expenses incurred in promoting and	148608
administering the tax amnesty program that is to be conducted from	148609
May 1, 2012, through June 15, 2012, pursuant to section 757.40 of	148610
this act.	148611

Section 405.10. DOT DEPARTMENT OF TRANSPORTATION

148612

General Revenue Fund	148613

GRF	775451	Public Transportation - State	$	7,300,000	$	7,300,000	148614
GRF	776465	Ohio Rail Development Commission	$	2,000,000	$	2,000,000	148615
GRF	777471	Airport Improvements - State	$	750,000	$	750,000	148616
TOTAL GRF General Revenue Fund			$	10,050,000	$	10,050,000	148617
TOTAL ALL BUDGET FUND GROUPS			$	10,050,000	$	10,050,000	148618

Section 407.10. TOS TREASURER OF STATE

148620

General Revenue Fund	148621

GRF	090321	Operating Expenses	$	7,743,553	$	7,743,553	148622
GRF	090401	Office of the Sinking Fund	$	502,304	$	502,304	148623
GRF	090402	Continuing Education	$	377,702	$	377,702	148624
GRF	090524	Police and Fire Disability Pension Fund	$	7,900	$	7,900	148625
GRF	090534	Police and Fire Ad Hoc Cost of Living	$	87,000	$	87,000	148626
GRF	090554	Police and Fire Survivor Benefits	$	600,000	$	600,000	148627
GRF	090575	Police and Fire Death Benefits	$	20,000,000	$	20,000,000	148628
TOTAL GRF General Revenue Fund			$	29,318,459	$	29,318,459	148629

General Services Fund Group	148630

4E90	090603	Securities Lending Income	$	4,829,441	$	4,829,441	148631
5770	090605	Investment Pool Reimbursement	$	550,000	$	550,000	148632
5C50	090602	County Treasurer Education	$	170,057	$	170,057	148633
6050	090609	Treasurer of State Administrative Fund	$	135,000	$	135,000	148634
TOTAL GSF General Services							148635
Fund Group			$	5,684,498	$	5,684,498	148636

Agency Fund Group	148637

4250	090635	Tax Refunds	$	6,000,000	$	6,000,000	148638
TOTAL Agency Fund Group			$	6,000,000	$	6,000,000	148639
TOTAL ALL BUDGET FUND GROUPS			$	41,002,957	$	41,002,957	148640

Section 407.20. OFFICE OF THE SINKING FUND

148642

The foregoing appropriation item 090401, Office of the	148643
Sinking Fund, shall be used for costs incurred by or on behalf of	148644
the Commissioners of the Sinking Fund and the Ohio Public	148645
Facilities Commission with respect to State of Ohio general	148646
obligation bonds or notes, and the Treasurer of State with respect	148647
to State of Ohio general obligation and special obligation bonds	148648
or notes, including, but not limited to, printing, advertising,	148649
delivery, rating fees and the procurement of ratings, professional	148650
publications, membership in professional organizations, and other	148651
services referred to in division (D) of section 151.01 of the	148652
Revised Code. The General Revenue Fund shall be reimbursed for	148653
such costs relating to the issuance and administration of Highway	148654
Capital Improvement bonds or notes authorized under Ohio	148655
Constitution, Article VIII, Section 2m and Chapter 151. of the	148656
Revised Code. That reimbursement shall be made from appropriation	148657
item 155902, Highway Capital Improvement Bond Retirement Fund, by	148658
intrastate transfer voucher pursuant to a certification by the	148659
Office of the Sinking Fund of the actual amounts used. The amounts	148660
necessary to make such a reimbursement are hereby appropriated	148661
from the Highway Capital Improvement Bond Retirement Fund created	148662
in section 151.06 of the Revised Code.	148663

POLICE AND FIRE DEATH BENEFIT FUND

148664

The foregoing appropriation item 090575, Police and Fire	148665
Death Benefits, shall be disbursed quarterly by the Treasurer of	148666
State at the beginning of each quarter of each fiscal year to the	148667
Board of Trustees of the Ohio Police and Fire Pension Fund. The	148668
Treasurer of State shall certify such amounts quarterly to the	148669
Director of Budget and Management. By the twentieth day of June of	148670
each fiscal year, the Board of Trustees of the Ohio Police and	148671
Fire Pension Fund shall certify to the Treasurer of State the	148672
amount disbursed in the current fiscal year to make the payments	148673
required by section 742.63 of the Revised Code and shall return to	148674
the Treasurer of State moneys received from this appropriation	148675
item but not disbursed.	148676

TAX REFUNDS

148677

The foregoing appropriation item 090635, Tax Refunds, shall	148678
be used to pay refunds under section 5703.052 of the Revised Code.	148679
If the Director of Budget and Management determines that	148680
additional amounts are necessary for this purpose, such amounts	148681
are hereby appropriated.	148682

Section 409.10. VTO VETERANS' ORGANIZATIONS

148683

General Revenue Fund	148684

VAP AMERICAN EX-PRISONERS OF WAR	148685

GRF

743501

State Support

28,910

148686

VAN ARMY AND NAVY UNION, USA, INC.	148687

GRF

746501

State Support

63,539

148688

VKW KOREAN WAR VETERANS	148689

GRF

747501

State Support

57,118

148690

VJW JEWISH WAR VETERANS	148691

GRF

748501

State Support

34,321

148692

VCW CATHOLIC WAR VETERANS	148693

GRF

749501

State Support

66,978

148694

VPH MILITARY ORDER OF THE PURPLE HEART	148695

GRF

750501

State Support

65,116

148696

VVV VIETNAM VETERANS OF AMERICA	148697

GRF

751501

State Support

214,776

148698

VAL AMERICAN LEGION OF OHIO	148699

GRF

752501

State Support

349,189

148700

VII AMVETS	148701

GRF

753501

State Support

332,547

148702

VAV DISABLED AMERICAN VETERANS	148703

GRF

754501

State Support

249,836

148704

VMC MARINE CORPS LEAGUE	148705

GRF

756501

State Support

133,947

148706

V37 37TH DIVISION VETERANS' ASSOCIATION	148707

GRF

757501

State Support

6,868

148708

VFW VETERANS OF FOREIGN WARS	148709

GRF

758501

State Support

284,841

148710

TOTAL GRF General Revenue Fund					$	1,887,986		$	1,887,986		148711
TOTAL ALL BUDGET FUND GROUPS					$	1,887,986		$	1,887,986		148712

RELEASE OF FUNDS

148713

The Director of Budget and Management may release the	148714
foregoing appropriation items 743501, 746501, 747501, 748501,	148715
749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501,	148716
and 758501, State Support.	148717

Section 411.10. DVS DEPARTMENT OF VETERANS SERVICES

148718

General Revenue Fund	148719

GRF	900321	Veterans' Homes	$	27,369,946	$	27,369,946	148720
GRF	900402	Hall of Fame	$	107,075	$	107,075	148721
GRF	900408	Department of Veterans Services	$	1,901,823	$	1,901,823	148722
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	5,486,600	$	10,112,100	148723
TOTAL GRF General Revenue Fund			$	34,865,444	$	39,490,944	148724

General Services Fund Group	148725

4840	900603		Veterans' Homes Services		$	305,806		$	312,458		148726
TOTAL GSF General Services Fund Group					$	305,806		$	312,458		148727

Federal Special Revenue Fund Group	148728

3680	900614	Veterans Training	$	769,500	$	754,377	148729
3740	900606	Troops to Teachers	$	136,786	$	133,461	148730
3BX0	900609	Medicare Services	$	2,500,000	$	2,490,169	148731
3L20	900601	Veterans' Homes Operations - Federal	$	23,455,379	$	23,476,269	148732
TOTAL FED Federal Special Revenue							148733
Fund Group			$	26,861,665	$	26,854,276	148734

State Special Revenue Fund Group	148735

4E20	900602	Veterans' Homes Operating	$	10,117,680	$	10,319,078	148736
6040	900604	Veterans' Homes Improvement	$	347,598	$	398,731	148737
TOTAL SSR State Special Revenue							148738
Fund Group			$	10,465,278	$	10,717,809	148739

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	148740

7041	900615	Veteran Bonus Program - Administration	$	1,605,410	$	1,147,703	148741
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	25,425,000	$	24,300,000	148742
TOTAL 041 Persian Gulf,							148743
Afghanistan, and Iraq							148744
Compensation Fund Group			$	27,030,410	$	25,447,703	148745
TOTAL ALL BUDGET FUND GROUPS			$	99,528,603	$	102,823,190	148746

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	148747
OBLIGATION DEBT SERVICE	148748

The foregoing appropriation item 900901, Persian Gulf,	148749
Afghanistan and Iraq Compensation Debt Service, shall be used to	148750
pay all debt service and related financing costs during the period	148751
from July 1, 2011, through June 30, 2013, on obligations issued	148752
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	148753
purposes under sections 151.01 and 151.12 of the Revised Code.	148754

Section 413.10. DVM STATE VETERINARY MEDICAL BOARD

148755

General Services Fund Group	148756

4K90	888609	Operating Expenses	$	322,375	$	319,857	148757
5BV0	888602	Veterinary Student Loan Program	$	30,000	$	30,000	148758
TOTAL GSF General Services							148759
Fund Group			$	352,375	$	349,857	148760
TOTAL ALL BUDGET FUND GROUPS			$	352,375	$	349,857	148761

Section 415.10. DYS DEPARTMENT OF YOUTH SERVICES

148763

General Revenue Fund	148764

GRF	470401	RECLAIM Ohio	$	168,716,967	$	162,362,228	148765
GRF	470412	Lease Rental Payments	$	10,221,800	$	27,230,100	148766
GRF	470510	Youth Services	$	16,702,728	$	16,702,728	148767
GRF	472321	Parole Operations	$	10,830,019	$	10,583,118	148768
GRF	477321	Administrative Operations	$	12,222,051	$	11,855,389	148769
TOTAL GRF General Revenue Fund			$	218,693,565	$	228,733,563	148770

General Services Fund Group	148771

1750	470613	Education Reimbursement	$	8,160,277	$	8,151,056	148772
4790	470609	Employee Food Service	$	150,000	$	150,000	148773
4A20	470602	Child Support	$	450,000	$	400,000	148774
4G60	470605	General Operational Funds	$	125,000	$	125,000	148775
5BN0	470629	E-Rate Program	$	535,000	$	535,000	148776
TOTAL GSF General Services							148777
Fund Group			$	9,420,277	$	9,361,056	148778

Federal Special Revenue Fund Group	148779

3210	470601	Education	$	1,774,469	$	1,517,840	148780
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	148781
3210	470606	Nutrition	$	1,747,432	$	1,704,022	148782
3210	470610	Rehabilitation Programs	$	36,000	$	36,000	148783
3210	470614	Title IV-E Reimbursements	$	6,000,000	$	6,000,000	148784
3BY0	470635	Federal Juvenile Programs FFY 07	$	56,471	$	2,000	148785
3BZ0	470636	Federal Juvenile Programs FFY 08	$	82,000	$	1,618	148786
3CP0	470638	Federal Juvenile Programs FFY 09	$	500,000	$	300,730	148787
3CR0	470639	Federal Juvenile Programs FFY 10	$	800,000	$	479,900	148788
3FB0	470641	Federal Juvenile Programs FFY 11	$	135,000	$	600,000	148789
3FC0	470642	Federal Juvenile Programs FFY 12	$	0	$	135,000	148790
3V50	470604	Juvenile Justice/Delinquency Prevention	$	2,010,000	$	2,000,000	148791
TOTAL FED Federal Special Revenue							148792
Fund Group			$	13,441,372	$	13,077,110	148793

State Special Revenue Fund Group	148794

1470	470612	Vocational Education	$	762,126	$	758,210	148795
TOTAL SSR State Special Revenue							148796
Fund Group			$	762,126	$	758,210	148797
TOTAL ALL BUDGET FUND GROUPS			$	242,317,340	$	251,929,939	148798

COMMUNITY PROGRAMS

148799

Of the foregoing appropriation item 470401, RECLAIM Ohio, an	148800
amount equal to forty-five per cent of the unexpended,	148801
unencumbered balance used for the purpose of funding juvenile	148802
correctional facilities, at the end of each fiscal year, is hereby	148803
reappropriated to the next fiscal year, and shall be used for the	148804
purpose of expanding Targeted RECLAIM, the Behavioral Health	148805
Juvenile Justice Initiative, and other evidence-based community	148806
programs.	148807

OHIO BUILDING AUTHORITY LEASE PAYMENTS

148808

The foregoing appropriation item 470412, Lease Rental	148809
Payments, shall be used to meet all payments at the times they are	148810
required to be made for the period from July 1, 2011, through June	148811
30, 2013, by the Department of Youth Services to the Ohio Building	148812
Authority under the leases and agreements for facilities made	148813
under Chapter 152. of the Revised Code. This appropriation is the	148814
source of funds pledged for bond service charges on related	148815
obligations issued pursuant to Chapter 152. of the Revised Code.	148816

EDUCATION REIMBURSEMENT

148817

The foregoing appropriation item 470613, Education	148818
Reimbursement, shall be used to fund the operating expenses of	148819
providing educational services to youth supervised by the	148820
Department of Youth Services. Operating expenses include, but are	148821
not limited to, teachers' salaries, maintenance costs, and	148822
educational equipment. This appropriation item may be used for	148823
capital expenses related to the education program.	148824

EMPLOYEE FOOD SERVICE AND EQUIPMENT

148825

Notwithstanding section 125.14 of the Revised Code, the	148826
foregoing appropriation item 470609, Employee Food Service, may be	148827
used to purchase any food operational items with funds received	148828
into the fund from reimbursements for state surplus property.	148829

FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES

148830

In collaboration with the county family and children first	148831
council, the juvenile court of that county that receives	148832
allocations from one or both of the foregoing appropriation items	148833
470401, RECLAIM Ohio, and 470510, Youth Services, may transfer	148834
portions of those allocations to a flexible funding pool as	148835
authorized by the section of this act titled "FAMILY AND CHILDREN	148836
FIRST FLEXIBLE FUNDING POOL."	148837

Section 501.10. All items set forth in this section are	148838
hereby appropriated for fiscal year 2012 out of any moneys in the	148839
state treasury to the credit of the Administrative Building Fund	148840
(Fund 7026) that are not otherwise appropriated.	148841

CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD	148842

C87416	Statehouse Boiler Replacement	$	900,000	148843
Total Capitol Square Review and Advisory Board		$	900,000	148844
TOTAL Administrative Building Fund		$	900,000	148845

Section 501.20. All items set forth in this section are	148847
hereby appropriated for fiscal year 2012 out of any moneys in the	148848
state treasury to the credit of the Parks and Recreation	148849
Improvement Fund (Fund 7035) that are not otherwise appropriated.	148850

DNR DEPARTMENT OF NATURAL RESOURCES	148851

C725S3	Caesar Creek Marina	$	4,000,000	148852
Total Department of Natural Resources		$	4,000,000	148853
TOTAL Parks and Recreation Improvement Fund		$	4,000,000	148854

Section 503.10. PERSONAL SERVICE EXPENSES

148856

Unless otherwise prohibited by law, any appropriation from	148857
which personal service expenses are paid shall bear the employer's	148858
share of public employees' retirement, workers' compensation,	148859
disabled workers' relief, and insurance programs; and the costs of	148860
centralized financial services, centralized payroll processing,	148861
and related reports and services; centralized human resources	148862
services, including affirmative action and equal employment	148863
opportunity programs; the Office of Collective Bargaining; the	148864
Employee Assistance Program; centralized information technology	148865
management services; administering the enterprise resource	148866
planning system; and administering the state employee merit system	148867
as required by section 124.07 of the Revised Code. These costs	148868
shall be determined in conformity with the appropriate sections of	148869
law and paid in accordance with procedures specified by the Office	148870
of Budget and Management. Expenditures from appropriation item	148871
070601, Public Audit Expense - Intra-State, may be exempted from	148872
the requirements of this section.	148873

Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	148874
AGAINST THE STATE	148875

Except as otherwise provided in this section, an	148876
appropriation in this act or any other act may be used for the	148877
purpose of satisfying judgments, settlements, or administrative	148878
awards ordered or approved by the Court of Claims or by any other	148879
court of competent jurisdiction in connection with civil actions	148880
against the state. This authorization does not apply to	148881
appropriations to be applied to or used for payment of guarantees	148882
by or on behalf of the state, or for payments under lease	148883
agreements relating to, or debt service on, bonds, notes, or other	148884
obligations of the state. Notwithstanding any other statute to the	148885
contrary, this authorization includes appropriations from funds	148886
into which proceeds of direct obligations of the state are	148887
deposited only to the extent that the judgment, settlement, or	148888
administrative award is for, or represents, capital costs for	148889
which the appropriation may otherwise be used and is consistent	148890
with the purpose for which any related obligations were issued or	148891
entered into. Nothing contained in this section is intended to	148892
subject the state to suit in any forum in which it is not	148893
otherwise subject to suit, and is not intended to waive or	148894
compromise any defense or right available to the state in any suit	148895
against it.	148896

Section 503.30. CAPITAL PROJECT SETTLEMENTS

148897

This section specifies an additional and supplemental	148898
procedure to provide for payments of judgments and settlements if	148899
the Director of Budget and Management determines, pursuant to	148900
division (C)(4) of section 2743.19 of the Revised Code, that	148901
sufficient unencumbered moneys do not exist in the fund to support	148902
a particular appropriation to pay the amount of a final judgment	148903
rendered against the state or a state agency, including the	148904
settlement of a claim approved by a court, in an action upon and	148905
arising out of a contractual obligation for the construction or	148906
improvement of a capital facility if the costs under the contract	148907
were payable in whole or in part from a state capital projects	148908
appropriation. In such a case, the Director may either proceed	148909
pursuant to division (C)(4) of section 2743.19 of the Revised Code	148910
or apply to the Controlling Board to increase an appropriation or	148911
create an appropriation out of any unencumbered moneys in the	148912
state treasury to the credit of the capital projects fund from	148913
which the initial state appropriation was made. The amount of an	148914
increase in appropriation or new appropriation approved by the	148915
Controlling Board is hereby appropriated from the applicable	148916
capital projects fund and made available for the payment of the	148917
judgment or settlement.	148918

If the Director does not make the application authorized by	148919
this section or the Controlling Board disapproves the application,	148920
and the Director does not make application under division (C)(4)	148921
of section 2743.19 of the Revised Code, the Director shall for the	148922
purpose of making that payment make a request to the General	148923
Assembly as provided for in division (C)(5) of that section.	148924

Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS

148925

In order to provide funds for the reissuance of voided	148926
warrants under section 126.37 of the Revised Code, there is hereby	148927
appropriated, out of moneys in the state treasury from the fund	148928
credited as provided in section 126.37 of the Revised Code, that	148929
amount sufficient to pay such warrants when approved by the Office	148930
of Budget and Management.	148931

Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	148932
BALANCES OF OPERATING APPROPRIATIONS	148933

(A) An unexpended balance of an operating appropriation or	148934
reappropriation that a state agency lawfully encumbered prior to	148935
the close of a fiscal year is hereby reappropriated on the first	148936
day of July of the following fiscal year from the fund from which	148937
it was originally appropriated or reappropriated for the following	148938
period and shall remain available only for the purpose of	148939
discharging the encumbrance:	148940

(1) For an encumbrance for personal services, maintenance,	148941
equipment, or items for resale, other than an encumbrance for an	148942
item of special order manufacture not available on term contract	148943
or in the open market or for reclamation of land or oil and gas	148944
wells, for a period of not more than five months from the end of	148945
the fiscal year;	148946

(2) For an encumbrance for an item of special order	148947
manufacture not available on term contract or in the open market,	148948
for a period of not more than five months from the end of the	148949
fiscal year or, with the written approval of the Director of	148950
Budget and Management, for a period of not more than twelve months	148951
from the end of the fiscal year;	148952

(3) For an encumbrance for reclamation of land or oil and gas	148953
wells, for a period ending when the encumbered appropriation is	148954
expended or for a period of two years, whichever is less;	148955

(4) For an encumbrance for any other expense, for such period	148956
as the Director approves, provided such period does not exceed two	148957
years.	148958

(B) Any operating appropriations for which unexpended	148959
balances are reappropriated beyond a five-month period from the	148960
end of the fiscal year by division (A)(2) of this section shall be	148961
reported to the Controlling Board by the Director of Budget and	148962
Management by the thirty-first day of December of each year. The	148963
report on each such item shall include the item, the cost of the	148964
item, and the name of the vendor. The report shall be updated on a	148965
quarterly basis for encumbrances remaining open.	148966

(C) Upon the expiration of the reappropriation period set out	148967
in division (A) of this section, a reappropriation made by this	148968
section lapses, and the Director of Budget and Management shall	148969
cancel the encumbrance of the unexpended reappropriation not later	148970
than the end of the weekend following the expiration of the	148971
reappropriation period.	148972

(D) Notwithstanding division (C) of this section, with the	148973
approval of the Director of Budget and Management, an unexpended	148974
balance of an encumbrance that was reappropriated on the first day	148975
of July by this section for a period specified in division (A)(3)	148976
or (4) of this section and that remains encumbered at the close of	148977
the fiscal biennium is hereby reappropriated on the first day of	148978
July of the following fiscal biennium from the fund from which it	148979
was originally appropriated or reappropriated for the applicable	148980
period specified in division (A)(3) or (4) of this section and	148981
shall remain available only for the purpose of discharging the	148982
encumbrance.	148983

(E) The Director of Budget and Management may correct	148984
accounting errors committed by the staff of the Office of Budget	148985
and Management, such as re-establishing encumbrances or	148986
appropriations cancelled in error, during the cancellation of	148987
operating encumbrances in November and of nonoperating	148988
encumbrances in December.	148989

(F) If the Controlling Board approved a purchase, that	148990
approval remains in effect so long as the appropriation used to	148991
make that purchase remains encumbered.	148992

Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	148993
RE-ESTABLISHMENT OF ENCUMBRANCES	148994

Any cash transferred by the Director of Budget and Management	148995
under section 126.15 of the Revised Code is hereby appropriated.	148996
Any amounts necessary to re-establish appropriations or	148997
encumbrances under section 126.15 of the Revised Code are hereby	148998
appropriated.	148999

Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES

149000

There are hereby appropriated out of any moneys in the state	149001
treasury to the credit of the General Revenue Fund, which are not	149002
otherwise appropriated, funds sufficient to make any payment	149003
required by division (B)(2) of section 5747.03 of the Revised	149004
Code.	149005

Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES	149006
APPROVED BY THE CONTROLLING BOARD	149007

Any money that the Controlling Board approves for expenditure	149008
or any increase in appropriation that the Controlling Board	149009
approves under sections 127.14, 131.35, and 131.39 of the Revised	149010
Code or any other provision of law is hereby appropriated for the	149011
period ending June 30, 2013.	149012

Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S	149013
RESIDENCE	149014

If the Governor's Residence Fund (Fund 4H20) receives payment	149015
for use of the residence pursuant to section 107.40 of the Revised	149016
Code, the amounts so received are hereby appropriated to	149017
appropriation item 100604, Governor's Residence Gift.	149018

Section 503.93. PENSION SHIFT REPLACEMENT

149019

The Director of Budget and Management may authorize	149020
additional expenditures from various General Revenue Fund and	149021
non-General Revenue Fund appropriation items in order to fully	149022
fund the employer's share of public retirement system	149023
contributions for state employees who are paid directly by warrant	149024
of the Director of Budget and Management. Any additional	149025
expenditures authorized by the Director of Budget and Management	149026
under this paragraph are hereby appropriated.	149027

Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

149028

Unless the agency and nuclear electric utility mutually agree	149029
to a higher amount by contract, the maximum amounts that may be	149030
assessed against nuclear electric utilities under division (B)(2)	149031
of section 4937.05 of the Revised Code and deposited into the	149032
specified funds are as follows:	149033

Fund	User		FY 2012		FY 2013	149034
Utility Radiological Safety Fund (Fund 4E40)	Department of Agriculture	$	131,785	$	131,785	149035
Radiation Emergency Response Fund (Fund 6100)	Department of Health	$	930,525	$	930,576	149036
ER Radiological Safety Fund (Fund 6440)	Environmental Protection Agency	$	279,838	$	279,966	149037
Emergency Response Plan Fund (Fund 6570)	Department of Public Safety	$	1,415,945	$	1,415,945	149038

Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF	149039
INTEREST EARNED	149040

Notwithstanding any provision of law to the contrary, the	149041
Director of Budget and Management, through June 30, 2013, may	149042
transfer interest earned by any state fund to the General Revenue	149043
Fund. This section does not apply to funds whose source of revenue	149044
is restricted or protected by the Ohio Constitution, federal tax	149045
law, or the "Cash Management Improvement Act of 1990," 104 Stat.	149046
1058 (1990), 31 U.S.C. 6501 et seq., as amended.	149047

Section 512.30. CASH TRANSFERS TO THE GENERAL REVENUE FUND	149048
FROM NON-GRF FUNDS	149049

Notwithstanding any provision of law to the contrary, during	149050
fiscal years 2012 and 2013, the Director of Budget and Management	149051
may transfer up to $60,000,000 in cash from non-General Revenue	149052
Funds that are not constitutionally restricted to the General	149053
Revenue Fund in order to ensure that available General Revenue	149054
Fund receipts and balances are sufficient to support General	149055
Revenue Fund appropriations in each fiscal year. The Director	149056
shall not make transfers from any non-General Revenue Fund if more	149057
than thirty per cent of the total fund value consists of cash from	149058
donations.	149059

Section 512.40. FISCAL YEAR 2011 GENERAL REVENUE FUND ENDING	149060
BALANCE	149061

Notwithstanding divisions (B) and (C) of section 131.44 of	149062
the Revised Code, the Director of Budget and Management shall	149063
determine the surplus General Revenue Fund revenue that existed on	149064
June 30, 2011, in excess of the amount required under division	149065
(A)(3) of section 131.44 of the Revised Code, and transfer from	149066
the General Revenue Fund, to the extent of the amount so	149067
determined, the following:	149068

(A) To the Disaster Services Fund (Fund 5E20), a cash amount	149069
up to $25,000,000;	149070

(B) To the Controlling Board Emergency Purposes Fund (Fund	149071
5KM0), a cash amount of up to $20,000,000.	149072

Section 512.60. NATURAL RESOURCES PUBLICATIONS

149073

On July 1, 2011, or as soon as possible thereafter, the	149074
Director of Budget and Management, at the request of the Director	149075
of Natural Resources, shall transfer the remaining cash balance in	149076
the Natural Resources Publications and Promotional Materials Fund	149077
(Fund 5080) to the Departmental Projects Fund (Fund 1550) and the	149078
Geological Mapping Fund (Fund 5110) in such amounts as determined	149079
by the Director of Budget and Management after consultation with	149080
the Director of Natural Resources. The Director of Budget and	149081
Management shall cancel all existing encumbrances against	149082
appropriation item 725684, Natural Resources Publications, and	149083
reestablish them against appropriation item 725601, Departmental	149084
Projects, and appropriation item 725646, Ohio Geological Mapping.	149085
Upon completion of the transfer, the Natural Resources	149086
Publications and Promotional Materials Fund is hereby abolished.	149087
Beginning July 1, 2011, all moneys from the sale of books,	149088
bulletins, maps, or other publications and promotional materials	149089
shall be credited to the Departmental Projects Fund (Fund 1550) or	149090
the Geological Mapping Fund (Fund 5110) as determined by the	149091
Director of Natural Resources.	149092

Section 512.70. On July 1, 2011, or as soon as possible	149093
thereafter, the Director of Budget and Management shall transfer	149094
the cash balance in the Penalty Enforcement Fund (Fund 5K70) to	149095
the Labor Operating Fund (Fund 5560). The Director shall cancel	149096
any existing encumbrances against appropriation item 800621,	149097
Penalty Enforcement, and re-establish them against appropriation	149098
item 800615, Industrial Compliance. The re-established encumbrance	149099
amounts are hereby appropriated. Upon completion of the transfer,	149100
Fund 5K70 is abolished.	149101

Section 512.80. ABOLISHMENT OF PASSPORT FUND

149102

On July 1, 2011, or as soon as possible thereafter, the	149103
Director of Budget and Management shall transfer the cash balance	149104
in the PASSPORT Fund (Fund 4U90) to the Nursing Home Franchise	149105
Permit Fee Fund (Fund 5R20). Upon completion of the transfer, Fund	149106
4U90 is abolished. The Director shall cancel any existing	149107
encumbrances against appropriation item 490602, PASSPORT Fund, and	149108
reestablish them against appropriation item 600613, Nursing	149109
Facility Bed Assessments. The reestablished encumbrance amounts	149110
are hereby appropriated.	149111

Section 512.90. DIESEL EMISSIONS REDUCTION GRANT PROGRAM

149112

There is established in the Highway Operating Fund (Fund	149113
7002) in the Department of Transportation a Diesel Emissions	149114
Reduction Grant Program. The Director of Environmental Protection	149115
shall administer the program and shall solicit, evaluate, score,	149116
and select projects submitted by public and private entities that	149117
are eligible for the federal Congestion Mitigation and Air Quality	149118
(CMAQ) Program. The Director of Transportation shall process	149119
Federal Highway Administration-approved projects as recommended by	149120
the Director of Environmental Protection.	149121

In addition to the allowable expenditures set forth in	149122
section 122.861 of the Revised Code, Diesel Emissions Reduction	149123
Grant Program funds also may be used to fund projects involving	149124
the purchase or use of hybrid and alternative fuel vehicles that	149125
are allowed under guidance developed by the Federal Highway	149126
Administration for the CMAQ Program.	149127

Public entities eligible to receive funds under section	149128
122.861 of the Revised Code and CMAQ shall be reimbursed from the	149129
Department of Transportation's Diesel Emissions Reduction Grant	149130
Program.	149131

Private entities eligible to receive funds under section	149132
122.861 of the Revised Code and CMAQ shall be reimbursed through	149133
transfers of cash from the Department of Transportation's Diesel	149134
Emissions Reduction Grant Program to the Diesel Emissions	149135
Reduction Fund (Fund 3FH0), which is hereby created and to be used	149136
by the Environmental Protection Agency.	149137

Appropriation item 715693, Diesel Emissions Reduction Grants,	149138
is established with an appropriation of $10,000,000 in FY 2012 and	149139
$10,000,000 in FY 2013. Total expenditures between both the	149140
Environmental Protection Agency and the Department of	149141
Transportation shall not exceed the amounts appropriated in this	149142
section.	149143

On or before June 30, 2012, any unencumbered balance of the	149144
foregoing appropriation item 715693, Diesel Emissions Reduction	149145
Grants, for fiscal year 2012 is appropriated for the same purposes	149146
in fiscal year 2013.	149147

Any cash transfers or allocations under this section	149148
represent CMAQ program moneys within the Department of	149149
Transportation for use by the Diesel Emissions Reduction Grant	149150
Program by the Environmental Protection Agency. These allocations	149151
shall not reduce the amount of such moneys designated for	149152
metropolitan planning organizations.	149153

The Director of Environmental Protection, in consultation	149154
with the Directors of Development and Transportation, shall	149155
develop guidance for the distribution of funds and for the	149156
administration of the Diesel Emissions Reduction Grant Program.	149157
The guidance shall include a method of prioritization for	149158
projects, acceptable technologies, and procedures for awarding	149159
grants.	149160

Section 515.20. (A) On the effective date of the amendment of	149161
the statutes creating the Division of Oil and Gas Resources	149162
Management in the Department of Natural Resources by this act, the	149163
functions, assets, and liabilities of the Division of Mineral	149164
Resources Management in the Department of Natural Resources with	149165
respect to oil and gas are transferred to the Division of Oil and	149166
Gas Resources Management. The Division of Oil and Gas Resources	149167
Management is successor to, assumes the obligations and authority	149168
of, and otherwise continues the Division of Mineral Resources	149169
Management with respect to oil and gas. No right, privilege, or	149170
remedy, and no duty, liability, or obligation, accrued under the	149171
Division of Mineral Resources Management with respect to oil and	149172
gas is impaired or lost by reason of the transfer and shall be	149173
recognized, administered, performed, or enforced by the Division	149174
of Oil and Gas Resources Management.	149175

(B) Business commenced but not completed by the Division of	149176
Mineral Resources Management or by the Chief of the Division of	149177
Mineral Resources Management with respect to oil and gas shall be	149178
completed by the Division of Oil and Gas Resources Management or	149179
the Chief of the Division of Oil and Gas Resources Management in	149180
the same manner, and with the same effect, as if completed by the	149181
Division of Mineral Resources Management or by the Chief of the	149182
Division of Mineral Resources Management.	149183

(C) All of the Division of Mineral Resources Management's	149184
rules, orders, and determinations with respect to oil and gas	149185
continue in effect as rules, orders, and determinations of the	149186
Division of Oil and Gas Resources Management until modified or	149187
rescinded by the Division of Oil and Gas Resources Management. If	149188
necessary to ensure the integrity of the numbering of the	149189
Administrative Code, the Director of the Legislative Service	149190
Commission shall renumber the Division of Mineral Resources	149191
Management's rules with respect to oil and gas to reflect their	149192
transfer to the Division of Oil and Gas Resources Management.	149193

(D) The Director of Budget and Management shall determine the	149194
amount of unexpended balances in the appropriation accounts that	149195
pertain to the Division of Mineral Resources Management with	149196
respect to oil and gas and shall recommend to the Controlling	149197
Board their transfer to the appropriation accounts that pertain to	149198
the Division of Oil and Gas Resources Management. The Chief of the	149199
Division of Mineral Resources Management shall provide full and	149200
timely information to the Controlling Board to facilitate the	149201
transfer.	149202

(E) Whenever the Division of Mineral Resources Management or	149203
the Chief of the Division of Mineral Resources Management is	149204
referred to in a statute, contract, or other instrument with	149205
respect to oil and gas, the reference is deemed to refer to the	149206
Division of Oil and Gas Resources Management or to the Chief of	149207
the Division of Oil and Gas Resources Management, whichever is	149208
appropriate in context.	149209

(F) No pending action or proceeding being prosecuted or	149210
defended in court or before an agency with respect to oil and gas	149211
by the Division of Mineral Resources Management or the Chief of	149212
the Division of Mineral Resources Management is affected by the	149213
transfer and shall be prosecuted or defended in the name of the	149214
Division of Oil and Gas Resources Management or the Chief of the	149215
Division of Oil and Gas Resources Management, whichever is	149216
appropriate. Upon application to the court or agency, the Division	149217
of Oil and Gas Resources Management or the Chief of the Division	149218
of Oil and Gas Resources Management shall be substituted as a	149219
party.	149220

Section 515.23. On the effective date of the amendments to	149221
section 1517.03 of the Revised Code by this act, the terms of	149222
office of members appointed to the Ohio Natural Areas Council	149223
under section 1517.03 of the Revised Code prior to its amendment	149224
by this act are terminated.	149225

Section 515.30. (A) On the effective date of the amendment of	149226
the statutes governing the Ohio Coal Development Office by this	149227
act, the Ohio Coal Development Office and all of its functions,	149228
together with its assets and liabilities, are transferred from	149229
within the Ohio Air Quality Development Authority to within the	149230
Department of Development. The Ohio Coal Development Office in the	149231
Department of Development assumes the obligations of and otherwise	149232
constitutes the continuation of the Ohio Coal Development Office	149233
in the Ohio Air Quality Development Authority.	149234

(B) Any business commenced but not completed by the Ohio Coal	149235
Development Office in the Ohio Air Quality Development Authority	149236
or the Director of that office on the effective date of the	149237
amendment of the statutes governing that Office by this act shall	149238
be completed by the Ohio Coal Development Office in the Department	149239
of Development or the Director of that Office in the same manner,	149240
and with the same effect, as if completed by the Ohio Coal	149241
Development Office in the Ohio Air Quality Development Authority	149242
or the Director of that Office. Any validation, cure, right,	149243
privilege, remedy, obligation, or liability is not lost or	149244
impaired by reason of the transfer required by this section and	149245
shall be administered by the Ohio Coal Development Office in the	149246
Department of Development.	149247

(C) All of the rules, orders, and determinations of the Ohio	149248
Coal Development Office in the Ohio Air Quality Development	149249
Authority or of the Ohio Air Quality Development Authority in	149250
relation to that Office continue in effect as rules, orders, and	149251
determinations of the Ohio Coal Development Office in the	149252
Department of Development until modified or rescinded by that	149253
Office or by the Department of Development in relation to that	149254
Office. If necessary to ensure the integrity of the numbering of	149255
the Administrative Code, the Director of the Legislative Service	149256
Commission shall renumber rules of the Ohio Air Quality	149257
Development Authority in relation to the Ohio Coal Development	149258
Office in the Ohio Air Quality Development Authority to reflect	149259
the transfer to the Department of Development.	149260

(D) Subject to the lay-off provisions of sections 124.321 to	149261
124.328 of the Revised Code, all of the employees of the Ohio Coal	149262
Development Office in the Ohio Air Quality Development Authority	149263
are transferred to the Ohio Coal Development Office in the	149264
Department of Development and retain their positions and all the	149265
benefits accruing thereto.	149266

(E) Whenever the Ohio Coal Development Office in the Ohio Air	149267
Quality Development Office or the Authority in relation to that	149268
Office is referred to in any law, contract, or other document, the	149269
reference shall be deemed to refer to the Ohio Coal Development	149270
Office in the Department of Development or the Director of	149271
Development in relation to that Office, whichever is appropriate	149272
in context.	149273

(F) Any action or proceeding pending on the effective date of	149274
the amendment of the statutes governing the Ohio Coal Development	149275
Office by this act is not affected by the transfer of that Office	149276
and shall be prosecuted or defended in the name of the Department	149277
of Development or the Ohio Coal Development Office in that	149278
Department. In all such actions and proceedings, the Department of	149279
Development or the Ohio Coal Development Office in that	149280
Department, upon application to the court, shall be substituted as	149281
a party.	149282

Section 515.40. (A) On the effective date of this section,	149283
the building and facility operations and management functions of	149284
the Ohio Building Authority (OBA) under Chapter 152. of the	149285
Revised Code, and the related functions, assets, and liabilities,	149286
including, but not limited to, funds, accounts, records,	149287
regardless of form or medium, leases, agreements, and contracts of	149288
the OBA are transferred to the Department of Administrative	149289
Services. Notwithstanding Chapters 123., 124., 125., 126., and	149290
153. of the Revised Code, the Department is thereupon and	149291
thereafter successor to, assumes the powers and obligations of,	149292
and otherwise constitutes the continuation of the building and	149293
facilities operations and management functions of the OBA as	149294
provided in the applicable sections of Chapter 152. of the Revised	149295
Code or in any agreements relating to building and facility	149296
operation and management functions to which the Ohio Building	149297
Authority is a party, including the invoicing and collection of	149298
rent from local government tenants in state office buildings. All	149299
statutory references to OBA with regard to building and facility	149300
operations and management functions are deemed to be references to	149301
the Department of Administrative Services.	149302

(B) Any business relating to its building and facility	149303
operations and management functions commenced but not completed by	149304
the OBA by the date of transfer shall be completed by the	149305
Department of Administrative Services, in the same manner, and	149306
with the same effect, as if completed by the OBA. No validation,	149307
cure, right, privilege, remedy, obligation, or liability is lost	149308
or impaired by reason of the transfer and shall be administered by	149309
the Department of Administrative Services. All of the OBA's rules,	149310
orders, and determinations related to building and facility	149311
operations and management functions continue in effect as rules,	149312
orders, and determinations of the Department of Administrative	149313
Services, until modified or rescinded by the Department of	149314
Administrative Services. If necessary to ensure the integrity of	149315
the Administrative Code rule numbering system, the Director of the	149316
Legislative Service Commission shall renumber the OBA's rules	149317
related to the OBA's building and facility operations and	149318
management functions to reflect their transfer to the Department	149319
of Administrative Services.	149320

(C) Employees of the OBA designated as building and facility	149321
operations and management staff may be transferred to the	149322
Department of Administrative Services as the Department determines	149323
to be necessary for successful implementation of this section, to	149324
the extent possible, with no loss of service credit.	149325

(D) No judicial or administrative action or proceeding to	149326
which the OBA is a party that is pending on the effective date of	149327
this section or such later date as may be established by an	149328
authorized officer of the OBA and the Director of Administrative	149329
Services, and related to its building and facility operations and	149330
management functions, is affected by the transfer of functions.	149331
Any such action or proceeding shall be prosecuted or defended in	149332
the name of the Director of Administrative Services. On	149333
application to the court or agency, the Director of Administrative	149334
Services shall be substituted for the OBA or an authorized officer	149335
of the OBA as a party to the action or proceeding.	149336

(E) On and after the effective date of this section,	149337
notwithstanding any provision of the law to the contrary, if	149338
requested by the Director of Administrative Services, the Director	149339
of Budget and Management shall make the budget changes made	149340
necessary by the transfer, if any, including administrative	149341
reorganization, program transfers, the creation of new funds, and	149342
the consolidation of funds as authorized by this section. The	149343
Director of Budget and Management may, if necessary, establish	149344
encumbrances or parts of encumbrances as needed in fiscal year	149345
2012 in the appropriate fund and appropriation item for the same	149346
purpose and for payment to the same vendor. The established	149347
encumbrances plus any additional amounts determined to be	149348
necessary for the Department of Administrative Services to perform	149349
the building and facility operation and management functions of	149350
the Ohio Building Authority are hereby appropriated.	149351

(F) Not later than thirty days after the transfer of the	149352
building and facility operation and management functions of the	149353
Ohio Building Authority to the Department of Administrative	149354
Services, an authorized officer of the Ohio Building Authority	149355
shall certify to the Director of Administrative Services the	149356
unexpended balance and location of any funds and accounts	149357
designated for building and facility operation and management	149358
functions and custody of such funds and accounts shall be	149359
transferred to the Department of Administrative Services.	149360

(G) Notwithstanding any other provisions of this section, the	149361
Ohio Building Authority may, subsequent to the effective date of	149362
this section, meet for the purpose of better accomplishing the	149363
transfer of the building and facility operation and management	149364
functions described in this section. At any such meeting, the Ohio	149365
Building Authority may take necessary or appropriate actions to	149366
effect an orderly transition relating to the transfer of such	149367
functions.	149368

(H) Not later than August 1, 2011, employees of the Ohio	149369
Building Authority designated as building and facility operation	149370
and management staff shall be eligible to participate in group	149371
health plans offered to state employees pursuant to sections	149372
124.81 or 124.82 of the Revised Code.	149373

Section 515.50. (A) On the effective date of this section,	149374
the Construction Compliance Section of the Equal Employment	149375
Opportunity Office of the Department of Administrative Services	149376
and all of its functions, together with its assets and	149377
liabilities, are transferred from the Department of Administrative	149378
Services to the Department of Commerce. The Construction	149379
Compliance Section of the Department of Commerce assumes the	149380
obligations of and otherwise constitutes the continuation of the	149381
Construction Compliance Section of the Equal Employment	149382
Opportunity Office of the Department of Administrative Services.	149383

(B) Any business commenced, but not completed by the	149384
Construction Compliance Section of the Equal Employment	149385
Opportunity Office of the Department of Administrative Services or	149386
the Director of Administrative Services in relation to the Section	149387
shall be completed by the Construction Compliance Section of the	149388
Department of Commerce or the Director of Commerce in the same	149389
manner, and with the same effect, as if completed by the	149390
Construction Compliance Section of the Equal Employment	149391
Opportunity Office of the Department of Administrative Services or	149392
the Director of Administrative Services. Any validation, cure,	149393
right, privilege, remedy, obligation, or liability is not lost or	149394
impaired by reason of the transfer, and shall be administered by	149395
the Construction Compliance Section of the Department of Commerce.	149396

(C) All of the rules, orders, and determinations of the	149397
Construction Compliance Section of the Equal Employment	149398
Opportunity Office of the Department of Administrative Services or	149399
of the Department of Administrative Services in relation to the	149400
Construction Compliance Section continue in effect as rules,	149401
orders, and determinations of the Construction Compliance Section	149402
of the Department of Commerce until modified or rescinded by the	149403
Construction Compliance Section of the Department of Commerce. If	149404
necessary to ensure the integrity of the numbering of the	149405
Administrative Code, the Director of the Legislative Service	149406
Commission shall renumber rules of the Department of	149407
Administrative Services in relation to the Construction Compliance	149408
Section of the Equal Employment Opportunity Office of the	149409
Department of Administrative Services to reflect the transfer to	149410
the Department of Commerce.	149411

(D) Subject to the lay-off provisions of sections 124.321 to	149412
124.328 of the Revised Code, all of the employees of the	149413
Construction Compliance Section of the Equal Employment	149414
Opportunity Office of the Department of Administrative Services	149415
are transferred to the Construction Compliance Section of the	149416
Department of Commerce and retain their positions and all the	149417
benefits accruing thereto.	149418

(E) Whenever the Construction Compliance Section of the Equal	149419
Employment Opportunity Office of the Department of Administrative	149420
Services or the Department of Administrative Services in relation	149421
to the Section is referred to in any law, contract, or other	149422
document, the reference shall be deemed to refer to the	149423
Construction Compliance Section in the Department of Commerce or	149424
the Director of Commerce in relation to the Section, whichever is	149425
appropriate in context.	149426

(F) Any action or proceeding pending on the effective date of	149427
this section is not affected by the transfer of the Construction	149428
Compliance Section of the Equal Employment Opportunity Office of	149429
the Department of Administrative Services and shall be prosecuted	149430
or defended in the name of the Department of Commerce or the	149431
Construction Compliance Section of the Department of Commerce. In	149432
all such actions and proceedings, the Department of Commerce or	149433
the Construction Compliance Section of the Department of Commerce,	149434
upon application to the court or agency, shall be substituted as a	149435
party.	149436

Section 515.60. Effective July 1, 2011, the School Employees	149437
Health Care Board is abolished. All equipment, assets, and records	149438
of the Board are transferred to the Department of Administrative	149439
Services. The Department of Administrative Services shall	149440
designate the positions, if any, to be transferred to the	149441
Department of Administrative Services.	149442

The Department of Administrative Services and the Department	149443
of Education shall enter into an interagency agreement to transfer	149444
to the Department of Administrative Services any designated	149445
positions and all equipment, assets, and records of the Board by	149446
July 1, 2011, or as soon as possible thereafter. The interagency	149447
agreement may include provisions to transfer property and any	149448
other provisions necessary for the continued administration of	149449
Board activities under section 9.901 of the Revised Code.	149450

Any positions of the Board that the Department of	149451
Administrative Services designates for transfer, and any equipment	149452
assigned to those positions, are transferred to the Department of	149453
Administrative Services. Any employees of the Board in positions	149454
so transferred retain the rights specified in sections 124.321 to	149455
124.328 of the Revised Code, and any employee transferred to the	149456
Department of Administrative Services retains the employee's	149457
respective classification, but the Department of Administrative	149458
Services may reassign and reclassify the employee's position and	149459
compensation as the Department determines to be in the interest of	149460
office administration.	149461

Effective July 1, 2011, the Director of Budget and Management	149462
shall cancel any existing encumbrances against appropriation item	149463
200458, School Employees Health Care Board, and re-establish them	149464
against appropriation item 100403, Public Employees Health Care	149465
Program. The re-established encumbrance amounts are hereby	149466
appropriated. Any business commenced but not completed under	149467
appropriation item 200458, School Employees Health Care Board, by	149468
July 1, 2011, shall be completed under appropriation item 100403,	149469
Public Employees Health Care Program, in the same manner, and with	149470
the same effect, as if completed with regard to appropriation item	149471
200458, School Employees Health Care Board. All of the rules,	149472
orders, and determinations associated with the Board continue in	149473
effect as rules, orders, and determinations associated with the	149474
Department of Administrative Services until modified or rescinded	149475
by the Director of Administrative Services. If necessary to ensure	149476
the integrity of the Administrative Code rule numbering system,	149477
the Director of the Legislative Service Commission shall renumber	149478
the rules relating to the Board to reflect their transfer to the	149479
Department of Administrative Services. No validation, cure, right,	149480
privilege, remedy, obligation, or liability is lost or impaired by	149481
reason of the transfer and shall be administered with regard to	149482
appropriation item 100403, Public Employees Health Care Program.	149483
On and after July 1, 2011, if the School Employees Health Care	149484
Board is referred to in any statute, rule, contract, grant, or	149485
other document, the reference is deemed to refer to the Department	149486
of Administrative Services.	149487

Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

149488

Certain appropriations are in this act for the purpose of	149489
paying debt service and financing costs on general obligation	149490
bonds or notes of the state issued pursuant to the Ohio	149491
Constitution and acts of the General Assembly. If it is determined	149492
that additional appropriations are necessary for this purpose,	149493
such amounts are hereby appropriated.	149494

Section 518.20. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF	149495
STATE	149496

Certain appropriations are in this act for the purpose of	149497
making lease rental payments pursuant to leases and agreements	149498
relating to bonds or notes issued by the Ohio Building Authority	149499
or the Treasurer of State, or previously by the Ohio Public	149500
Facilities Commission, pursuant to the Ohio Constitution and acts	149501
of the General Assembly. If it is determined that additional	149502
appropriations are necessary for this purpose, such amounts are	149503
hereby appropriated.	149504

Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM	149505
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	149506

The Office of Budget and Management shall process payments	149507
from general obligation and lease rental payment appropriation	149508
items during the period from July 1, 2011, through June 30, 2013,	149509
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m,	149510
2n, 2o, 2p, 2q, 2r, and 15 of Article VIII, Ohio Constitution, and	149511
Chapters 151. and 154. of the Revised Code. Payments shall be made	149512
upon certification by the Treasurer of State of the dates and the	149513
amounts due on those dates.	149514

Section 518.40. AUTHORIZATION FOR OHIO BUILDING AUTHORITY	149515
AND OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	149516

The Office of Budget and Management shall process payments	149517
from lease rental payment appropriation items during the period	149518
from July 1, 2011, through June 30, 2013, pursuant to the lease	149519
agreements entered into relating to bonds or notes issued under	149520
Section 2i of Article VIII, Ohio Constitution, and Chapter 152. of	149521
the Revised Code. Payments shall be made upon certification by the	149522
Ohio Building Authority of the dates and the amounts due on those	149523
dates.	149524

Section 521.10. STATE AND LOCAL REBATE AUTHORIZATION

149525

There is hereby appropriated, from those funds designated by	149526
or pursuant to the applicable proceedings authorizing the issuance	149527
of state obligations, amounts computed at the time to represent	149528
the portion of investment income to be rebated or amounts in lieu	149529
of or in addition to any rebate amount to be paid to the federal	149530
government in order to maintain the exclusion from gross income	149531
for federal income tax purposes of interest on those state	149532
obligations under section 148(f) of the Internal Revenue Code.	149533

Rebate payments shall be approved and vouchered by the Office	149534
of Budget and Management.	149535

Section 521.20. STATEWIDE INDIRECT COST RECOVERY

149536

Whenever the Director of Budget and Management determines	149537
that an appropriation made to a state agency from a fund of the	149538
state is insufficient to provide for the recovery of statewide	149539
indirect costs under section 126.12 of the Revised Code, the	149540
amount required for such purpose is hereby appropriated from the	149541
available receipts of such fund.	149542

Section 521.30. TRANSFERS ON BEHALF OF THE STATEWIDE	149543
INDIRECT COST ALLOCATION PLAN	149544

The total transfers made from the General Revenue Fund by the	149545
Director of Budget and Management under this section shall not	149546
exceed the amounts transferred into the General Revenue Fund under	149547
section 126.12 of the Revised Code.	149548

The director of an agency may certify to the Director of	149549
Budget and Management the amount of expenses not allowed to be	149550
included in the Statewide Indirect Cost Allocation Plan under	149551
federal regulations, from any fund included in the Statewide	149552
Indirect Cost Allocation Plan, prepared as required by section	149553
126.12 of the Revised Code.	149554

Upon determining that no alternative source of funding is	149555
available to pay for such expenses, the Director of Budget and	149556
Management may transfer from the General Revenue Fund into the	149557
fund for which the certification is made, up to the amount of the	149558
certification. The director of the agency receiving such funds	149559
shall include, as part of the next budget submission prepared	149560
under section 126.02 of the Revised Code, a request for funding	149561
for such activities from an alternative source such that further	149562
federal disallowances would not be required.	149563

The director of an agency may certify to the Director of	149564
Budget and Management the amount of expenses paid in error from a	149565
fund included in the Statewide Indirect Cost Allocation Plan. The	149566
Director of Budget and Management may transfer cash from the fund	149567
from which the expenditure should have been made into the fund	149568
from which the expenses were erroneously paid, up to the amount of	149569
the certification.	149570

Section 521.30.10. OGRIP FUNDS TRANSFER TO THE GENERAL	149571
REVENUE FUND	149572

On July 1, 2011, or as soon as possible thereafter, the	149573
Director of Budget and Management may transfer cash in the amount	149574
of $15,072.03 from the Federal Grants OGRIP Fund (Fund 3H60) to	149575
the General Revenue Fund. This amount represents residual funds	149576
from old federal grants for the state's OGRIP program that have	149577
been closed by the federal awarding agency.	149578

Section 521.30.20. TRANSFER OF FEDERAL FUNDS

149579

On July 1, 2011, or as soon as possible thereafter, the	149580
Director of Environmental Protection shall certify to the Director	149581
of Budget and Management the cash balance in the DOE Monitoring	149582
and Oversight Fund (Fund 3N40). The Director of Budget and	149583
Management shall transfer the certified amount from Fund 3N40 to	149584
the Federally Supported Response Fund (Fund 3F30). Upon completion	149585
of the transfer, Fund 3N40 is abolished. The Director shall cancel	149586
any existing encumbrances against appropriation item 715657, DOE	149587
Monitoring and Oversight, and re-establish them against	149588
appropriation item 715632, Federally Supported Response. The	149589
re-established encumbrance amounts are hereby appropriated.	149590

On July 1, 2011, or as soon as possible thereafter, the	149591
Director of Environmental Protection shall certify to the Director	149592
of Budget and Management the cash balance in the DOD Monitoring	149593
and Oversight Fund (Fund 3K40). The Director of Budget and	149594
Management shall transfer the certified amount from Fund 3K40 to	149595
the Federally Supported Response Fund (Fund 3F30). Upon completion	149596
of the transfer, Fund 3K40 is abolished. The Director shall cancel	149597
any existing encumbrances against appropriation item 715634, DOD	149598
Monitoring and Oversight, and re-establish them against	149599
appropriation item 715632, Federally Supported Response. The	149600
re-established encumbrance amounts are hereby appropriated.	149601

Section 521.40. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

149602

Notwithstanding any provision of law to the contrary, on or	149603
before the first day of September of each fiscal year, the	149604
Director of Budget and Management, in order to reduce the payment	149605
of adjustments to the federal government, as determined by the	149606
plan prepared under division (A) of section 126.12 of the Revised	149607
Code, may designate such funds as the Director considers necessary	149608
to retain their own interest earnings.	149609

Section 521.50. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

149610

Pursuant to the plan for compliance with the Federal Cash	149611
Management Improvement Act required by section 131.36 of the	149612
Revised Code, the Director of Budget and Management may cancel and	149613
re-establish all or part of encumbrances in like amounts within	149614
the funds identified by the plan. The amounts necessary to	149615
re-establish all or part of encumbrances are hereby appropriated.	149616

Section 521.60. FISCAL STABILIZATION AND RECOVERY

149617

To ensure the level of accountability and transparency	149618
required by federal law, the Director of Budget and Management may	149619
issue guidelines to any agency applying for federal money made	149620
available to this state for fiscal stabilization and recovery	149621
purposes, and may prescribe the process by which agencies are to	149622
comply with any reporting requirements established by the federal	149623
government.	149624

Section 521.70. OVERSIGHT OF FEDERAL STIMULUS FUNDS

149625

(A) The Office of Internal Auditing within the Office of	149626
Budget and Management shall, in connection with its duties under	149627
sections 126.45 to 126.48 of the Revised Code, monitor and measure	149628
the effectiveness of funds allocated to the state as part of the	149629
federal American Recovery and Reinvestment Act of 2009. As such,	149630
the Office of Internal Auditing shall review how funds allocated	149631
to each state agency are spent. For purposes of this section,	149632
"state agency" has the same meaning as in division (A) of section	149633
126.45 of the Revised Code.	149634

In addition to the reports required under section 126.47 of	149635
the Revised Code, the Office of Internal Auditing shall submit a	149636
report of its findings to the President of the Senate, Minority	149637
Leader of the Senate, Speaker of the House of Representatives,	149638
Minority Leader of the House of Representatives, and the Chairs of	149639
the committees in the Senate and House of Representatives handling	149640
finance and appropriations. The report shall be submitted every	149641
six months at the following intervals:	149642

(1) For the six-month period ending December 31, 2011, not	149643
later than February 1, 2012;	149644

(2) For the six-month period ending June 30, 2012, not later	149645
than August 1, 2012;	149646

(3) For the six-month period ending December 31, 2012, not	149647
later than February 1, 2013;	149648

(4) For the six-month period ending June 30, 2013, not later	149649
than August 1, 2013.	149650

(B) When, as part of its compliance with the federal American	149651
Recovery and Reinvestment Act of 2009 requirements to monitor and	149652
measure the effectiveness of funds for which the state of Ohio is	149653
the prime recipient, and for which reporting authority has not	149654
been delegated to a sub-recipient, the Office of Budget and	149655
Management submits quarterly reports to the federal government,	149656
the Office of Budget and Management shall also submit those	149657
reports to the President of the Senate, Minority Leader of the	149658
Senate, Speaker of the House of Representatives, Minority Leader	149659
of the House of Representatives, and Chairs and ranking members of	149660
the committees in the Senate and House of Representatives handling	149661
finance and appropriations. The Office of Budget and Management	149662
shall continue to submit quarterly reports to the legislature for	149663
the duration of the period in which the state of Ohio is required	149664
to make reports to the federal government concerning Ohio's use of	149665
the federal American Recovery and Reinvestment Act of 2009 funds.	149666

Section 521.80. FEDERAL FUNDS FOR HISTORIC PRESERVATION LOAN	149667
GUARANTEE	149668

(A) As used in this section:

149669

(1) "Approved historic rehabilitation project" means a	149670
rehabilitation of a historic building that the Director of	149671
Development has approved for a rehabilitation tax credit under	149672
section 149.311 of the Revised Code.	149673

(2) "Federal funds" means federal money available to states	149674
under the American Recovery and Reinvestment Act of 2009 or any	149675
other source of federal money available to the states, that may	149676
lawfully be used for the purposes of this section.	149677

(3) "Owner" and "qualified rehabilitation expenditures" have	149678
the same meanings as in section 149.311 of the Revised Code.	149679

(B) There is hereby created in the state treasury the Ohio	149680
Historic Preservation Tax Credit Fund. The fund shall consist of	149681
money obtained by the Director of Development under division (C)	149682
of this section. Money in the fund shall be used to secure and pay	149683
guarantees of loans for approved historic rehabilitation projects	149684
as provided in this section.	149685

(C) The Director of Development may undertake to secure	149686
$75,000,000 of federal funds for crediting to the Ohio Historic	149687
Preservation Tax Credit Fund. If the Director secures such funds,	149688
the Director, for the purpose of creating new jobs or preserving	149689
existing jobs and employment opportunities and improving the	149690
economic welfare of the people of this state, shall enter into	149691
loan guarantee contracts under section 166.06 of the Revised Code	149692
in connection with approved historic rehabilitation projects,	149693
except that the guarantees shall be secured solely by and be	149694
payable solely from the Ohio Historic Preservation Tax Credit	149695
Fund. Money deposited into the Ohio Historic Preservation Tax	149696
Credit Fund shall be prioritized by providing loan guarantees for	149697
approved historic rehabilitation projects from the first funding	149698
round of the Ohio Historic Preservation Tax Credit Program before	149699
being used to provide loan guarantees for approved historic	149700
rehabilitation projects approved in subsequent funding rounds. The	149701
amount of a loan guarantee provided under this section shall not	149702
exceed the amount of the credit to be awarded for the approved	149703
historic rehabilitation project. References to the loan guarantee	149704
fund in divisions (C) and (F) of section 166.06 of the Revised	149705
Code shall be construed as references to the Ohio Historic	149706
Preservation Tax Credit Fund for the purposes of loan guarantees	149707
authorized by this section, except that no transfer shall be made	149708
to the Ohio Historic Preservation Tax Credit Fund from the	149709
facilities establishment fund as may otherwise be required by that	149710
section.	149711

(D) Nothing in this section is a determination by the General	149712
Assembly that federal funds are currently available for the	149713
purposes of this section. Rather, this section evidences a	149714
determination by the General Assembly that public purposes will be	149715
advanced by the use of current or future federal funds for the	149716
purposes of this section.	149717

Section 605.10. That Section 5 of Am. Sub. H.B. 1 of the	149718
129th General Assembly be amended to read as follows:	149719

Sec. 5. The Director of Development, in consultation with the	149720
Director of Budget and Management, shall find within the	149721
Department of Development's total unexpended and unencumbered	149722
fiscal year 2011 General Revenue Fund appropriation an amount not	149723
to exceed $1,000,000 in order to establish and operate the	149724
JobsOhio corporation established in Chapter 187. of the Revised	149725
Code. The Director of Development shall identify appropriation	149726
items within the General Revenue Fund that are to be reduced for	149727
this purpose, and any reduction in appropriations to these items	149728
pursuant to this section shall not collectively exceed $1,000,000.	149729
The amounts identified by the Director are hereby appropriated in	149730
General Revenue Fund appropriation item 195527, JobsOhio, for	149731
transition and start-up costs of the JobsOhio corporation,	149732
including, but not limited to, the costs of the incorporation and	149733
formation of the corporation. Nothing in this section shall be	149734
construed as increasing or decreasing the Department of	149735
Development's total fiscal year 2011 General Revenue Fund	149736
appropriation. Any unexpended and unencumbered balance in	149737
appropriation item 195527, JobsOhio, remaining at the end of	149738
fiscal year 2011 is hereby reappropriated for fiscal year 2012.	149739

The Department of Development shall prepare and, not later	149740
than six months after the effective date of this section, submit	149741
to the Controlling Board a report detailing the use of the funds	149742
appropriated under this section. The Department of Development	149743
shall submit to the Controlling Board a report not later than	149744
every six months thereafter detailing the use of the funds	149745
appropriated under this section, until those funds have all been	149746
used.	149747

Section 605.11. That existing Section 5 of Am. Sub. H.B. 1 of	149748
the 129th General Assembly is hereby repealed.	149749

Section 610.10. That Section 205.10 of Am. Sub. H.B. 114 of	149750
the 129th General Assembly be amended to read as follows:	149751

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

149752

State Highway Safety Fund Group	149753

4W40	762321	Operating Expense - BMV	$	80,003,146	$	82,403,240	149754
4W40	762410	Registrations Supplement	$	28,945,176	$	29,813,532	149755
5V10	762682	License Plate Contributions	$	2,100,000	$	2,100,000	149756
7036	761321	Operating Expense - Information and Education	$	7,124,366	$	7,338,097	149757
7036	761401	Lease Rental Payments	$	9,978,300	$	2,315,700	149758
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	149759
7036	764321	Operating Expense - Highway Patrol	$	260,744,934	$	258,365,903	149760
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	149761
8300	761603	Salvage and Exchange - Administration	$	19,469	$	20,053	149762
8310	761610	Information and Education - Federal	$	422,084	$	434,746	149763
8310	764610	Patrol - Federal	$	2,209,936	$	2,276,234	149764
8310	764659	Transportation Enforcement - Federal	$	5,519,333	$	5,684,913	149765
8310	765610	EMS - Federal	$	532,007	$	532,007	149766
8310	769610	Food Stamp Trafficking Enforcement - Federal	$	1,546,319	$	1,546,319	149767
8310	769631	Homeland Security - Federal	$	2,184,000	$	2,184,000	149768
8320	761612	Traffic Safety - Federal	$	16,577,565	$	16,577,565	149769
8350	762616	Financial Responsibility Compliance	$	5,457,240	$	5,549,068	149770
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	149771
8380	764606	Patrol Reimbursement	$	50,000	$	50,000	149772
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	149773
83F0	764657	Law Enforcement Automated Data System	$	9,053,266	$	9,053,266	149774
83G0	764633	OMVI Enforcement/Education	$	623,230	$	641,927	149775
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	149776
83M0	765624	Operating Expense - Trauma and EMS	$	2,632,106	$	2,711,069	149777
83N0	761611	Elementary School Seat Belt Program	$	305,600	$	305,600	149778
83P0	765637	EMS Grants	$	4,106,621	$	4,229,819	149779
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	149780
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	149781
8400	764607	State Fair Security	$	1,256,655	$	1,294,354	149782
8400	764617	Security and Investigations	$	6,432,686	$	6,432,686	149783
8400	764626	State Fairgrounds Police Force	$	849,883	$	849,883	149784
8400	769632	Homeland Security - Operating	$	737,791	$	737,791	149785
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	149786
8460	761625	Motorcycle Safety Education	$	3,185,013	$	3,280,563	149787
8490	762627	Automated Title Processing Board	$	17,316,755	$	14,335,513	149788
TOTAL HSF State Highway Safety Fund Group			$	490,110,733	$	481,261,100	149789

General Services Fund Group	149790

4P60	768601	Justice Program Services	$	998,104	$	1,028,047	149791
4S30	766661	Hilltop Utility Reimbursement	$	540,800	$	540,800	149792
5ET0	768625	Drug Law Enforcement	$	3,780,000	$	3,893,400	149793
5Y10	764695	Highway Patrol Continuing Professional Training	$	170,000	$	170,000	149794
5Y10	767696	Investigative Unit Continuing Professional Training	$	15,000	$	15,000	149795
TOTAL GSF General Services Fund Group			$	5,503,904	$	5,647,247	149796

Federal Special Revenue Fund Group	149797

3290	763645	Federal Mitigation Program	$	10,110,332	$	10,413,642	149798
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	149799
3390	763647	Emergency Management Assistance and Training	$	75,664,821	$	77,934,765	149800
3CB0	768691	Federal Justice Grants - FFY06	$	200,000	$	50,000	149801
3CC0	768609	Justice Assistance Grants - FFY07	$	583,222	$	310,000	149802
3CD0	768610	Justice Assistance Grants – FFY08	$	310,000	$	150,000	149803
3CE0	768611	Justice Assistance Grants – FFY09	$	865,000	$	1,200,000	149804
3CV0	768697	Justice Assistance Grants Supplement – FFY08	$	2,000	$	0	149805
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,015,000	$	1,015,000	149806
3DH0	768613	Federal Stimulus - Justice Programs	$	150,000	$	150,000	149807
3DU0	762628	BMV Grants	$	1,525,000	$	1,580,000	149808
3EU0	768614	Justice Assistance Grants – FFY10	$	650,000	$	920,000	149809
3L50	768604	Justice Program	$	11,400,000	$	11,400,000	149810
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	149811
TOTAL FED Federal Special Revenue Fund Group			$	130,214,683	$	132,862,715	149812

State Special Revenue Fund Group	149813

4V30	763662	EMA Service and Reimbursement	$	4,368,369	$	4,499,420	149814
5390	762614	Motor Vehicle Dealers Board	$	180,000	$	185,400	149815
5B90	766632	Private Investigator and Security Guard Provider	$	1,562,637	$	1,562,637	149816
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	149817
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	149818
5CM0	767691	Federal Investigative Seizure	$	300,000	$	300,000	149819
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	149820
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	149821
5FL0	769634	Investigations	$	899,300	$	899,300	149822
6220	767615	Investigative Contraband and Forfeiture	$	375,000	$	375,000	149823
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	149824
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	149825
8500	767628	Investigative Unit Salvage	$	90,000	$	92,700	149826
TOTAL SSR State Special Revenue Fund Group			$	14,018,073	$	14,157,224	149827

Liquor Control Fund Group	149828

7043	767321		Liquor Enforcement - Operating		$	~~11,897,178~~ 11,000,000		$	~~11,897,178~~ 11,000,000		149829
TOTAL LCF Liquor Control Fund Group					$	~~11,897,178~~ 11,000,000		$	~~11,897,178~~ 11,000,000		149830

Agency Fund Group	149831

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		149832
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		149833

Holding Account Redistribution Fund Group	149834

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	149835
R052	762623	Security Deposits	$	350,000	$	350,000	149836
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	149837
TOTAL ALL BUDGET FUND GROUPS			$	~~655,479,571~~ 654,582,393	$	~~649,560,464~~ 648,663,286	149838

MOTOR VEHICLE REGISTRATION

149839

The Registrar of Motor Vehicles may deposit revenues to meet	149840
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	149841
4W40) established in section 4501.25 of the Revised Code, obtained	149842
under sections 4503.02 and 4504.02 of the Revised Code, less all	149843
other available cash. Revenue deposited pursuant to this paragraph	149844
shall support, in part, appropriations for operating expenses and	149845
defray the cost of manufacturing and distributing license plates	149846
and license plate stickers and enforcing the law relative to the	149847
operation and registration of motor vehicles. Notwithstanding	149848
section 4501.03 of the Revised Code, the revenues shall be paid	149849
into Fund 4W40 before any revenues obtained pursuant to sections	149850
4503.02 and 4504.02 of the Revised Code are paid into any other	149851
fund. The deposit of revenues to meet the aforementioned cash	149852
needs shall be in approximately equal amounts on a monthly basis	149853
or as otherwise determined by the Director of Budget and	149854
Management pursuant to a plan submitted by the Registrar of Motor	149855
Vehicles.	149856

CAPITAL PROJECTS

149857

The Registrar of Motor Vehicles may transfer cash from the	149858
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State	149859
Highway Safety Fund (Fund 7036) to meet its obligations for	149860
capital projects CIR-047, Department of Public Safety Office	149861
Building and CIR-049, Warehouse Facility.	149862

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

149863

The foregoing appropriation item 761401, Lease Rental	149864
Payments, shall be used for payments to the Ohio Building	149865
Authority for the period July 1, 2011, to June 30, 2013, under the	149866
primary leases and agreements for public safety related buildings	149867
financed by obligations issued under Chapter 152. of the Revised	149868
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	149869
Building Authority may, with approval of the Director of Budget	149870
and Management, lease capital facilities to the Department of	149871
Public Safety.	149872

HILLTOP TRANSFER

149873

The Director of Public Safety shall determine, per an	149874
agreement with the Director of Transportation, the share of each	149875
debt service payment made out of appropriation item 761401, Lease	149876
Rental Payments, that relates to the Department of	149877
Transportation's portion of the Hilltop Building Project, and	149878
shall certify to the Director of Budget and Management the amounts	149879
of this share. The Director of Budget and Management shall	149880
transfer the amounts of such shares from the Highway Operating	149881
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).	149882

CASH TRANSFERS TO TRAUMA AND EMERGENCY MEDICAL SERVICES FUND

149883

On July 1, 2011, or as soon as possible thereafter, the	149884
Director of Budget and Management shall transfer the unexpended	149885
and unencumbered cash balance in the Seat Belt Education Fund	149886
(Fund 8440) to the Trauma and Emergency Medical Services Fund	149887
(Fund 83M0). Upon completion of the transfer, Fund 8440 is	149888
abolished. The Director shall cancel any existing encumbrances	149889
against appropriation item 761613, Seat Belt Education Program,	149890
and reestablish them against appropriation item 765624, Operating	149891
Expense - Trauma and EMS. The reestablished encumbrance amounts	149892
are hereby appropriated.	149893

CASH TRANSFERS BETWEEN FUNDS

149894

Notwithstanding any provision of law to the contrary, the	149895
Director of Budget and Management, upon the written request of the	149896
Director of Public Safety, may approve the transfer of cash	149897
between the following six funds: the Trauma and Emergency Medical	149898
Services Fund (Fund 83M0), the Homeland Security Fund (Fund 5DS0),	149899
the Investigations Fund (Fund 5FL0), the Emergency Management	149900
Agency Service and Reimbursement Fund (Fund 4V30), the Justice	149901
Program Services Fund (Fund 4P60), and the State Bureau of Motor	149902
Vehicles Fund (Fund 4W40).	149903

CASH TRANSFERS TO SECURITY, INVESTIGATIONS, AND POLICING FUND

149904

Notwithstanding any provision of law to the contrary, the	149905
Director of Budget and Management, upon the written request of the	149906
Director of Public Safety, may approve the transfer of cash from	149907
the Continuing Professional Training Fund (Fund 5Y10), the State	149908
Highway Patrol Contraband, Forfeiture, and Other Fund (Fund 83C0),	149909
and the Highway Safety Salvage and Exchange Highway Patrol Fund	149910
(Fund 8410) to the Security, Investigations, and Policing Fund	149911
(Fund 8400).	149912

CASH TRANSFERS OF SEAT BELT FINE REVENUES

149913

Notwithstanding any provision of law to the contrary, the	149914
Controlling Board, upon request of the Director of Public Safety,	149915
may approve the transfer of cash between the following four funds	149916
that receive fine revenues from enforcement of the mandatory seat	149917
belt law: the Trauma and Emergency Medical Services Fund (Fund	149918
83M0), the Elementary School Program Fund (Fund 83N0), and the	149919
Trauma and Emergency Medical Services Grants Fund (Fund 83P0).	149920

STATE DISASTER RELIEF

149921

The State Disaster Relief Fund (Fund 5330) may accept	149922
transfers of cash and appropriations from Controlling Board	149923
appropriation items for Ohio Emergency Management Agency disaster	149924
response costs and disaster program management costs, and may also	149925
be used for the following purposes:	149926

(A) To accept transfers of cash and appropriations from	149927
Controlling Board appropriation items for Ohio Emergency	149928
Management Agency public assistance and mitigation program match	149929
costs to reimburse eligible local governments and private	149930
nonprofit organizations for costs related to disasters;	149931

(B) To accept and transfer cash to reimburse the costs	149932
associated with Emergency Management Assistance Compact (EMAC)	149933
deployments;	149934

(C) To accept disaster related reimbursement from federal,	149935
state, and local governments. The Director of Budget and	149936
Management may transfer cash from reimbursements received by this	149937
fund to other funds of the state from which transfers were	149938
originally approved by the Controlling Board.	149939

(D) To accept transfers of cash and appropriations from	149940
Controlling Board appropriation items to fund the State Disaster	149941
Relief Program, for disasters that have been declared by the	149942
Governor, and the State Individual Assistance Program for	149943
disasters that have been declared by the Governor and the federal	149944
Small Business Administration. The Ohio Emergency Management	149945
Agency shall publish and make available application packets	149946
outlining procedures for the State Disaster Relief Program and the	149947
State Individual Assistance Program.	149948

JUSTICE ASSISTANCE GRANT FUND

149949

The federal payments made to the state for the Byrne Justice	149950
Assistance Grants Program under Title II of Division A of the	149951
American Recovery and Reinvestment Act of 2009 shall be deposited	149952
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	149953
which is hereby created in the state treasury. All investment	149954
earnings of the fund shall be credited to the fund.	149955

FEDERAL STIMULUS – JUSTICE PROGRAMS

149956

The federal payments made to the state for the Violence	149957
Against Women Formula Grant under Title II of Division A of the	149958
American Recovery and Reinvestment Act of 2009 shall be deposited	149959
to the credit of the Federal Stimulus – Justice Programs Fund	149960
(Fund 3DH0).	149961

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	149962
AGENCY SERVICE AND REIMBURSEMENT FUND	149963

On July 1 of each fiscal year, or as soon as possible	149964
thereafter, the Director of Budget and Management shall transfer	149965
$200,000 in cash from the State Fire Marshal Fund (Fund 5460) to	149966
the Emergency Management Agency Service and Reimbursement Fund	149967
(Fund 4V30) to be distributed to the Ohio Task Force One – Urban	149968
Search and Rescue Unit and other urban search and rescue programs	149969
around the state.	149970

FAMILY VIOLENCE PREVENTION FUND

149971

Notwithstanding any provision of law to the contrary, in each	149972
of fiscal years 2012 and 2013, the first $750,000 received to the	149973
credit of the Family Violence Prevention Fund (Fund 5BK0) shall be	149974
appropriated to appropriation item 768689, Family Violence Shelter	149975
Programs, and the next $400,000 received to the credit of Fund	149976
5BK0 in each of those fiscal years shall be appropriated to	149977
appropriation item 768687, Criminal Justice Services - Operating.	149978
Any moneys received to the credit of Fund 5BK0 in excess of the	149979
aforementioned appropriated amounts in each fiscal year shall,	149980
upon the approval of the Controlling Board, be used to provide	149981
grants to family violence shelters in Ohio.	149982

SARA TITLE III HAZMAT PLANNING

149983

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	149984
entitled to receive grant funds from the Emergency Response	149985
Commission to implement the Emergency Management Agency's	149986
responsibilities under Chapter 3750. of the Revised Code.	149987

COLLECTIVE BARGAINING INCREASES

149988

Notwithstanding division (D) of section 127.14 and division	149989
(B) of section 131.35 of the Revised Code, except for the General	149990
Revenue Fund, the Controlling Board may, upon the request of	149991
either the Director of Budget and Management, or the Department of	149992
Public Safety with the approval of the Director of Budget and	149993
Management, increase appropriations for any fund, as necessary for	149994
the Department of Public Safety, to assist in paying the costs of	149995
increases in employee compensation that have occurred pursuant to	149996
collective bargaining agreements under Chapter 4117. of the	149997
Revised Code and, for exempt employees, under section 124.152 of	149998
the Revised Code.	149999

CASH BALANCE FUND REVIEW

150000

Not later than the first day of April in each fiscal year of	150001
the biennium, the Director of Budget and Management shall review	150002
the cash balances for each fund, except the State Highway Safety	150003
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	150004
4W40), in the State Highway Safety Fund Group, and shall recommend	150005
to the Controlling Board an amount to be transferred to the credit	150006
of Fund 7036 or Fund 4W40, as appropriate.	150007

Section 610.11. That existing Section 205.10 of Am. Sub. H.B.	150008
114 of the 129th General Assembly is hereby repealed.	150009

Section 610.20. That Section 211 of Sub. H.B. 123 of the	150010
129th General Assembly be amended to read as follows:	150011

Sec. 211. WCC WORKERS' COMPENSATION COUNCIL

150012

~~5FV0~~	~~321600~~	~~Remuneration Expenses~~	$	~~471,200~~	$	~~471,200~~	150013
~~TOTAL 5FV0 Workers' Compensation Council Remuneration Fund~~			$	~~471,200~~	$	~~471,200~~	150014
~~TOTAL ALL BUDGET FUND GROUPS~~			$	~~471,200~~	$	~~471,200~~	150015

~~WORKERS' COMPENSATION COUNCIL~~

150016

~~The foregoing appropriation item 321600, Remuneration~~	150017
~~Expenses, shall be used to pay the payroll and fringe benefit~~	150018
~~costs for employees of the Workers' Compensation Council.~~	150019

Upon the effective date of this section, or as soon as	150020
possible thereafter, the Workers' Compensation Council shall wind	150021
up its affairs. All of the records of the Council shall be	150022
transferred to the Legislative Service Commission, and all of its	150023
other assets and liabilities shall be transferred to the Bureau of	150024
Workers' Compensation. The Bureau of Workers' Compensation is	150025
thereupon and thereafter successor to, and assumes the obligations	150026
of, the Council.	150027

Any business commenced, but not completed by the Council or	150028
the Director of the Council on the effective date of this section	150029
shall be completed by the Administrator of Workers' Compensation	150030
in the same manner, and with the same effect, as if completed by	150031
the Council or the Director of the Council. No validation, cure,	150032
right, privilege, remedy, obligation, or liability is lost or	150033
impaired by reason of the transfer required by this section and	150034
shall be administered by the Administrator.	150035

All employees of the Council cease to hold their positions of	150036
employment on the effective date of this section, or as soon as	150037
possible thereafter.	150038

Once the Workers' Compensation Council is abolished, the	150039
Director of Budget and Management shall transfer the unexpended	150040
and unencumbered cash balance in the Workers' Compensation Council	150041
Remuneration Fund (Fund 5FV0) to the State Insurance Fund (Fund	150042
7023). Upon completion of the transfer, the Workers' Compensation	150043
Council Remuneration Fund is abolished. The Director shall cancel	150044
any existing encumbrances against appropriation item 321600,	150045
Remuneration Expenses, and reestablish them against appropriation	150046
item 855409, Administrative Expenses. The amounts of the	150047
reestablished encumbrances are hereby appropriated.	150048

Once the Workers' Compensation Council is abolished, the	150049
Treasurer of State shall transfer the unexpended and unencumbered	150050
cash balance in the Workers' Compensation Council Fund to the	150051
State Insurance Fund. Upon completion of the transfer, the fund is	150052
abolished.	150053

Wherever the Director or the Council is referred to in any	150054
law, contract, or other document, the reference shall be deemed to	150055
refer to the Administrator or the Bureau of Workers' Compensation,	150056
whichever is appropriate.	150057

No action or proceeding pending on the effective date of this	150058
section is affected by the transfer, and shall be prosecuted or	150059
defended in the name of the Administrator or the Bureau. In all	150060
such actions and proceedings, the Administrator or the Bureau,	150061
upon application to the court, shall be substituted as a party.	150062

Section 610.21. That existing Section 211 of Sub. H.B. 123 of	150063
the 129th General Assembly is hereby repealed.	150064

Section 610.30. That Section 5 of Am. Sub. S.B. 2 of the	150065
129th General Assembly be amended to read as follows:	150066

Sec. 5. The enactment by this act of sections 107.51 to	150067
107.55 and 121.81 to 121.83 of the Revised Code ~~first~~and the	150068
amendment by this act of section 119.032 of the Revised Code	150069
applies to a proposed rule, the original ~~and any revised~~ version	150070
of which is filed with the Joint Committee on Agency Rule Review	150071
on or after January 1, 2012, and to any rule that is ~~scheduled for~~	150072
subjected to review under section 119.032 of the Revised Code on	150073
or after January 1, 2012. ~~If rule-making proceedings are commenced~~	150074
~~and completed before January 1, 2012, sections~~The enactment of	150075
sections 107.51 to 107.55 and 121.81 to 121.83 of the Revised Code	150076
and the amendment by this act of section 119.032 of the Revised	150077
Code do not apply to ~~the proceedings, and section 121.24 of the~~	150078
~~Revised Code applies to the proceedings instead. If rule-making~~	150079
~~proceedings are commenced but not completed before January 1,~~	150080
~~2012, section 121.24 of the Revised Code applies to the original~~	150081
~~version of the proposed rule if it is filed with the Joint~~	150082
~~Committee before that date, and sections 107.51 to 107.55 and~~	150083
~~121.81 to 121.83 of the Revised Code apply to any revised version~~	150084
~~of the~~a proposed rule that is ~~filed~~pending on ~~or after that date~~	150085
January 1, 2012.	150086

~~Section~~Notwithstanding its repeal by this act, section	150087
121.24 ~~and sections 107.51 to 107.55 and 121.81 to 121.83~~ of the	150088
Revised Code ~~do not~~continues to apply to a proposed rule that is	150089
~~deemed the original version of a proposed rule by the carry-over~~	150090
~~provisions in division (I)(2) of section 119.03 of the Revised~~	150091
~~Code. Whether section 121.24 or sections 107.51 to 107.55 and~~	150092
~~121.81 to 121.83 of the Revised Code applied to such a proposed~~	150093
~~rule before its carry over, the results of that application are~~	150094
~~carried over with the proposed rule~~pending on January 1, 2012,	150095
until the rule-making proceedings are completed.	150096

Section 610.31. That existing Section 5 of Am. Sub. S.B. 2	150097
of the 129th General Assembly is hereby repealed.	150098

Section 620.10. That Section 125.10 of Am. Sub. H.B. 1 of the	150099
128th General Assembly be amended to read as follows:	150100

Sec. 125.10. Sections 5112.40, 5112.41, 5112.42, 5112.43,	150101
5112.44, 5112.45, 5112.46, 5112.47, and 5112.48 of the Revised	150102
Code are hereby repealed, effective October 1, ~~2011~~2013.	150103

Section 620.11. That existing Section 125.10 of Am. Sub. H.B.	150104
1 of the 128th General Assembly is hereby repealed.	150105

Section 620.12. The seventh paragraph of Section 812.20 of	150106
Am. Sub. H.B. 1 of the 128th General Assembly, which refers to the	150107
taking effect of a repeal of sections 5112.40 to 5112.48 of the	150108
Revised Code, is repealed.	150109

Section 620.13. The intent of Sections 620.10 to 620.12 of	150110
this act is to further delay the repeal of sections 5112.40,	150111
5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.46, 5112.47, and	150112
5112.48 of the Revised Code from October 1, 2011, until October 1,	150113
2013.	150114

Section 620.20. That Section 753.60 of Am. Sub. H.B. 1 of the	150115
128th General Assembly be amended to read as follows:	150116

Sec. 753.60. (A) The Governor is authorized to execute a	150117
Governor's Deed in the name of the state conveying to the Dayton	150118
Public School District/Dayton Board of Education, ("grantee"), and	150119
its successors and assigns, all of the state's right, title, and	150120
interest in the following described real estate:	150121

STATE OF OHIO TO BOARD OF EDUCATION 45.3599 Acres

150122

Situated in Section 26, Township 2, Range 7 of the Miami	150123
River Survey, the City of Dayton, the County of Montgomery, the	150124
State of Ohio, being a 2.2361 acre portion of a 15 acres 30 rods	150125
tract conveyed to the State of Ohio as recorded in Deed Book U-2,	150126
Page 40, and being a 22.5673 acre portion of a 24.36 acre tract of	150127
land conveyed to the Trustees of the Southern Ohio Lunatic Asylum	150128
as recorded in Deed Book N-3, Page 233, being an 4.6813 acre	150129
portion of a 21.25 acre tract of land conveyed to the State of	150130
Ohio as recorded in Deed Book 169, Page 583, and being an 8.6742	150131
acre portion of a 33.5 acre tract as conveyed to the State of Ohio	150132
as recorded in Deed Book 169, Page 585, being an 7.2010 acre	150133
portion of a 10.544 acre tract of land as conveyed to the State of	150134
Ohio as recorded in Deed Book 138, Page 125 and being a portion of	150135
City of Dayton Lot Number 61376 and all of Lot Number 61377 of the	150136
revised and consecutive numbers of lots on the plat of the City of	150137
Dayton and more particularly bounded and described as follows:	150138

Beginning at a capped 5/8" Iron Pin found stamped "Woolpert"	150139
at the Southeast corner of a 2.881 acre tract being Parcel 2 of	150140
the Wilmington Woods Plat as recorded in Plat Book 134, Page 3A,	150141
said point also being the northeast corner of an 8.338 acre tract	150142
of land conveyed to the Barry K. Humphries as recorded in	150143
Microfiche 01-O590A04 and the TRUE POINT OF BEGINNING;	150144

Thence with the east line of said 2.881 acre tract being	150145
Parcel 2 and the West line of a 24.36 acre tract of land conveyed	150146
to the Trustees of the Southern Ohio Lunatic Asylum as recorded in	150147
Deed Book N-3, Page 233, North 00°32' 15" East a distance of	150148
459.39 feet to a RR Spike set in the centerline of Wayne Avenue,	150149
passing a 5/8 inch iron pin set at the northeast corner of said	150150
2.881 acre tract and the south right of way of Wayne Avenue at	150151
429.39 feet;	150152

Thence with the centerline of Wayne Ave and the north lines	150153
of said 24.36 acre tract and said 21.25 acre tract, South	150154
89º18'28" East a distance of 790.80 feet to a RR spike set at the	150155
northwest comer of a 1.056 acre tract of land conveyed to the City	150156
of Dayton as recorded in M.F. No. 90-424 EO9;	150157

Thence with the west line of said 1.056 acre tract and the	150158
east line of said 21.25 acre tract, South 01º17'05" West a	150159
distance of 230.89 feet to a 5/8 inch iron pin stamped "Riancho",	150160
passing a 5/8 inch iron set at the south right of way of Wayne	150161
Avenue at 30.00 feet;	150162

Thence with the south line of said 1.056 acre tract and the	150163
south line of a 1.056 acre tract of land conveyed to the City of	150164
Dayton as recorded in M.F. No. 78-725 B08, South 89º27' 55" East a	150165
distance of 400.00 feet to a found 5/8" iron pin and passing a 5/8	150166
inch iron pin found stamped "Riancho" at 200.00 feet;	150167

Thence with the east line of said 1.056 acre tract and the	150168
west line of said 33.5 acre tract as conveyed to the State of Ohio	150169
as recorded in Deed Book 169 Page 585, North 1°17'05" East a	150170
distance of 229.79 feet to a RR spike set, passing a 5/8 inch iron	150171
pin set at the south right of way of Wayne Avenue at 199.79 feet;	150172

Thence with the centerline of Wayne Avenue and the north line	150173
of said 33.5 acre tract, South 89º18'28" East a distance of 270.78	150174
feet to a RR spike set at the Intersection of the centerlines of	150175
Waterveliet Avenue and Wayne Avenue;	150176

Thence with the centerline of Waterveliet Avenue and with the	150177
northerly line of said 33.5 acre tract, South 55º21'16" East a	150178
distance of 231.10 feet to a RR spike set;	150179

Thence with the east line of said 33.5 acre tract and the	150180
west line of a 13.00 acre tract conveyed to the Board of Education	150181
of the Dayton City School District as recorded in Deed Book 1522,	150182
Page 341, South 00º48' 28" West a distance of 709.51 feet to a 5/8	150183
inch iron pin set;	150184

Thence with a new division line, North 89º11'12" West, a	150185
distance of 468.08 feet to a 5/8 inch iron pin set, in the west	150186
line of said 33.5 acre tract and the east line of said 21.25 acre	150187
tract, to a 5/8 inch iron pin set;	150188

Thence with the west line of said 33.5 acre tract and the	150189
east line of said 21.25 acre tract, North 01°07'55" East a	150190
distance of 141.74 feet to a 5/8 inch iron pin set;	150191

Thence with a new division line, North 89°15'53" West,	150192
passing the west line of said 21.25 acre tract and the east line	150193
of said 24.36 acre tract conveyed to The Trustees of the Southern	150194
Ohio Lunatic Asylum as recorded in Deed Book N~3, Page 233 at a	150195
distance of 425.35 feet, for a total distance of 507.35 feet to a	150196
5/8 inch iron pin set;	150197

Thence with a new division line South 01°07'00" West passing	150198
the south line of 24.36 acre tract conveyed to The Trustees of the	150199
Southern Ohio Lunatic Asylum as recorded in Deed Book N-3, Page	150200
233 and the north line of said 10.544 acre tract at a distance of	150201
627.92 feet, for a total distance of 1,013.05 feet to a 5/8 inch	150202
iron pin set in the south line of said 10.544 acre tract;	150203

Thence with the south line of said 10.544 acre tract and the	150204
north line a 20.3 acre tract conveyed to the State of Ohio	150205
Department of Public Works for the use of the Department of Public	150206
Welfare, Dayton State Hospital as recorded in Deed Book 1326, Page	150207
247, North 88°52'07" West a distance of 808.89 feet to a 5/8 inch	150208
iron pin set in the east line of a 11.579 acre tract of land	150209
conveyed to the Hospice of Dayton as recorded in Microfiche	150210
94-0448C08;	150211

Thence with the east line of said 11.579 acre tract of land,	150212
the east line of said 8.338 acre tract as conveyed to Barry K.	150213
Humphries as recorded in M.F. number 01-0590 A04, the west line of	150214
said 10.544 acre tract, and the west line of said 2.36 acre tract,	150215
North 03°24 '08" West a distance of 956.68 feet to a 5/8 inch iron	150216
pin set;	150217

Thence with an easterly line of said 8.338 acre tract, the	150218
westerly line of said 24.36 acre tract, and the north line of said	150219
2.36 acre tract, North 49º49'38" East a distance of 275.99 feet to	150220
a capped 5/8 inch Iron Pin found stamped "LJB";	150221

Thence with the east line of said 8.338 acre tract and the	150222
west line of a 24.36 acre tract, North 00°32'15" East a distance	150223
of 108.09 feet to a capped 5/8" Iron Pin stamped "Woolpert" and	150224
the TRUE POINT OF BEGINNING, containing 45.3599 acres more or	150225
less. Subject to all easements, agreements and right of ways of	150226
record.	150227

The basis of bearings for this description is the easterly	150228
line of Parcel 2, South 00°32'15 West, as recorded in the	150229
Wilmington Woods Plat as recorded in Plat Book 134, Page 3A;	150230

All iron pins set in the above boundary description are 5/8"	150231
(O.D.) 30" long with a plastic cap stamped "LJB"	150232

(B)(1) Consideration for conveyance of the real estate	150233
described in division (A) of this section is the transfer to the	150234
state at no cost of 8.9874 acres adjacent to the remaining Twin	150235
Valley Behavioral Healthcare/Dayton Campus, subject to the	150236
following conditions:	150237

(a) Within one hundred eighty days after conveyance of the	150238
real estate described in division (A) of this section, grantee at	150239
its own cost shall complete construction of a new western	150240
extension off of Mapleview Avenue to provide a new entrance	150241
roadway to the remaining Twin Valley Behavioral Healthcare/Dayton	150242
Campus and provide an easement to the state for full utilization	150243
of the roadway for the benefit of the remaining Twin Valley	150244
Behavioral Healthcare/Dayton Campus until the property described	150245
in division (B)(1) of this section is transferred to the state.	150246

(b) Within three hundred forty days after the occupancy of	150247
the New Belmont High School, grantee shall demolish and	150248
environmentally restore the 8.9874 acres being transferred to the	150249
state.	150250

(2) In lieu of the transfer of the 8.9874 acres, if the	150251
Director of Mental Health determines that the grantee has	150252
insufficiently performed its construction, demolition, and	150253
environmental restoration obligations specified in division (B)(1)	150254
of this section, the grantee, as consideration, shall pay a	150255
purchase price of $1,175,000.00 to the state, which is the	150256
appraised value of the 45.3599 acres described in division (A) of	150257
the section less the cost of demolition, site, and utility work.	150258

(C) The real estate described in division (A) of this section	150259
shall be conveyed as an entire tract and not in parcels.	150260

(D) Upon transfer of the 8.9874 acres to the state or payment	150261
of the purchase price, the Auditor of State, with the assistance	150262
of the Attorney General, shall prepare a deed to the real estate	150263
described in division (A) of this section. The deed shall state	150264
the consideration and shall be executed by the Governor in the	150265
name of the state, countersigned by the Secretary of State, sealed	150266
with the Great Seal of the State, presented in the Office of the	150267
Auditor of State for recording, and delivered to the grantee. The	150268
grantee shall present the deed for recording in the Office of the	150269
Montgomery County Recorder.	150270

(E) The grantee shall pay all costs associated with	150271
conveyance of the real estate described in division (A) of this	150272
section, including recordation costs of the deed.	150273

(F) If the payment of $1,175,000.00 is made in lieu of the	150274
transfer of the 8.9874 acres to the state, the proceeds of the	150275
conveyance of the real estate described in division (A) of this	150276
section shall be deposited into the state treasury to the credit	150277
of the Department of Mental Health Trust Fund created by section	150278
5119.18 of the Revised Code and the easement described in division	150279
(B)(1)(a) of this section shall become a permanent easement.	150280

(G) The grantee shall not, during any period that any bonds	150281
issued by the state to finance or refinance all or a portion of	150282
the real estate described in division (A) of this section are	150283
outstanding, use any portion of the real estate for a private	150284
business use without the prior written consent of the state.	150285

As used in this division:

150286

"Private business use" means use, directly or indirectly, in	150287
a trade or business carried on by any private person other than	150288
use as a member of, and on the same basis as, the general public.	150289
Any activity carried on by a private person who is not a natural	150290
person shall be presumed to be a trade or business.	150291

"Private person" means any natural person or any artificial	150292
person, including a corporation, partnership, limited liability	150293
company, trust, or other entity and including the United States or	150294
any agency or instrumentality of the United States, but excluding	150295
any state, territory, or possession of the United States, the	150296
District of Columbia, or any political subdivision thereof that is	150297
referred to as a "State or local governmental unit" in Treasury	150298
Regulation § 1.103-1(a) and any person that is acting solely and	150299
directly as an officer or employee of or on behalf of any such	150300
governmental unit.	150301

(H) This section expires ~~two years after its effective date~~	150302
on October 16, 2013.	150303

Section 620.21. That existing Section 753.60 of Am. Sub. H.B.	150304
1 of the 128th General Assembly is hereby repealed.	150305

Section 620.30. That Section 105.20 of Sub. H.B. 462 of the	150306
128th General Assembly be amended to read as follows:	150307

Sec. 105.20. All items set forth in this section are hereby	150308
appropriated out of any moneys in the state treasury to the credit	150309
of the School Building Program Assistance Fund (Fund 7032) that	150310
are not otherwise appropriated:	150311

Reappropriations

SFC SCHOOL FACILITIES COMMISSION	150312

C23002	School Building Program Assistance	$	523,091,925	150313
C23005	Exceptional Needs	$	3,009,397	150314
C23010	Vocation Facilities Assistance Program	$	12,203,057	150315
C23011	Corrective Action Grants	$	23,336,491	150316
C23012	School for the Blind/Deaf	$	12,321,269	150317
Total School Facilities Commission		$	573,962,139	150318
TOTAL School Building Program Assistance Fund		$	573,962,139	150319

CONSTRUCTION OF NEW BLIND AND DEAF SCHOOLS

150320

Notwithstanding sections 123.01 and 123.15 of the Revised	150321
Code and in addition to its powers under Chapter 3318. of the	150322
Revised Code, the Ohio School Facilities Commission shall	150323
administer the project appropriated in C23012, School for the	150324
Blind/Deaf, pursuant to the memorandum of understanding that the	150325
Ohio State School for the Blind, the Ohio School for the Deaf, and	150326
the Ohio School Facilities Commission signed on October 31, 2007.	150327
The project shall comply to the fullest extent possible with the	150328
specifications and policies set forth in the Ohio School	150329
Facilities Design Manual and shall not be considered a part of any	150330
program created under Chapter 3318. of the Revised Code. Upon	150331
issuance by the Commission of a certificate of completion of the	150332
project, the Commission's participation in the project shall end.	150333

The Executive Director of the Ohio School Facilities	150334
Commission shall comply with the procedures and guidelines	150335
established in Chapter 153. of the Revised Code. Upon the release	150336
of funds for the project by the Controlling Board or the Director	150337
of Budget and Management, the Commission may administer the	150338
project without the supervision, control, or approval of the	150339
Director of Administrative Services. Any references to the	150340
Director of Administrative Services in the Revised Code, with	150341
respect to the administration of the project, shall be read as if	150342
they referred to the Director of the Ohio School Facilities	150343
Commission.	150344

CORRECTIVE ACTION GRANTS

150345

The foregoing appropriation item C23011, Corrective Action	150346
Grants, for fiscal year 2011, may be used to provide funding to	150347
bring facilities up to Ohio School Design Manual standards for a	150348
project funded pursuant to sections 3318.01 to 3318.20 or 3318.40	150349
to 3318.45 of the Revised Code for the correction of work found	150350
during or after project close-out to be defective, or for the	150351
remediation of work found during or after project close-out to be	150352
omitted. Funding shall only be provided for work if the impacted	150353
school district notifies the Executive Director of the Ohio School	150354
Facilities Commission within five years of project close-out. The	150355
Commission may provide funding assistance necessary to take	150356
corrective measures after evaluating defective or omitted work. If	150357
the work to be corrected or remediated is part of a project not	150358
yet completed, the Commission may amend the project agreement to	150359
increase the project budget and use corrective action funding to	150360
provide the local share of the amendment. If the work to be	150361
corrected or remediated was part of a completed project and funds	150362
were retained or transferred pursuant to division (C) of section	150363
3318.12 of the Revised Code, the Commission may enter into a new	150364
agreement to address the necessary corrective action. The	150365
Commission shall assess responsibility for the defective or	150366
omitted work and seek cost recovery from responsible parties, if	150367
applicable. Any funds recovered shall be deposited into the School	150368
Building Program Assistance Fund (Fund 7032).	150369

The foregoing appropriation item C23011, Corrective Action	150370
Grants, for fiscal year 2012, may be used to provide funding to	150371
school districts under the Corrective Action Program in accordance	150372
with section 3318.49 of the Revised Code.	150373

Section 620.31. That existing Section 105.20 of Sub. H.B. 462	150374
of the 128th General Assembly is hereby repealed.	150375

Section 620.40. That Section 105.45.70 of Sub. H.B. 462 of	150376
the 128th General Assembly, as amended by Am. Sub. H.B. 114 of the	150377
129th General Assembly, be amended to read as follows:	150378

Reappropriations

Sec. 105.45.70. CCC CUYAHOGA COMMUNITY COLLEGE

150379

C37800	Basic Renovations	$	4,406,772	150380
C37803	Technology Learning Center - Western	$	43,096	150381
C37807	Cleveland Art Museum - Improvements	$	3,100,000	150382
C37812	Building A Expansion Module - Western	$	124,332	150383
C37816	College-Wide Wayfinding Signage System	$	145,893	150384
C37817	College-Wide Asset Protection & Building	$	631,205	150385
C37818	Healthcare Technology Building - Eastern	$	13,464,866	150386
C37821	Hospitality Management Program	$	2,452,728	150387
C37822	Theater Renovations	$	2,243,769	150388
C37824	Rock and Roll Hall of Fame Archive	$	18,000	150389
C37826	CW Roof Replacement	$	190,735	150390
C37829	College of Podiatric Medicine	$	250,000	150391
C37830	Auto Lab Improvements	$	240	150392
C37831	Visiting Nurse Association	$	150,000	150393
C37832	Western Reserve Hospice Center	$	1,500	150394
C37833	Cleveland Zoological Society	$	150,000	150395
C37834	Museum of Contemporary Art Cleveland	$	450,000	150396
C37835	Western Reserve Historical Society	$	2,800,000	150397
Total Cuyahoga Community College		$	30,623,136	150398

On July 1, 2011, or as soon as possible thereafter, the	150399
Director of Budget and Management shall cancel ~~any~~ existing	150400
encumbrances against appropriation item C371A9, Western Reserve	150401
Historical Society, totaling $2,800,000 and reestablish them	150402
against the foregoing appropriation item C37835, Western Reserve	150403
Historical Society.	150404

Section 620.41. That existing Section 105.45.70 of Sub. H.B.	150405
462 of the 128th General Assembly, as amended by Am. Sub. H.B. 114	150406
of the 129th General Assembly, is hereby repealed.	150407

Section 620.51. That Section 5 of Sub. S.B. 162 of the 128th	150408
General Assembly be amended to read as follows:	150409

Sec. 5. (A) There is hereby created the Select Committee on	150410
Telecommunications Regulatory Reform consisting of the following	150411
members:	150412

(1) The chairperson and ranking minority member of the	150413
committee in the Senate to which legislation pertaining to public	150414
utilities is referred;	150415

(2) The chairperson and ranking minority member of the	150416
committee in the House of Representatives to which legislation	150417
pertaining to public utilities is referred;	150418

(3) The chairperson of the Public Utilities Commission or an	150419
officer or employee of the Commission who shall serve as the	150420
chairperson's designee;	150421

(4) The Consumers' Counsel or an officer or employee of the	150422
Office of the Consumers' Counsel who shall serve as the designee	150423
of the Consumers' Counsel;	150424

(5) One member appointed by the Governor, who is a member of	150425
the Governor's staff;	150426

(6) One member appointed by the Governor who is a	150427
representative of the telecommunications industry.	150428

(B) The Governor shall make appointments to the Committee not	150429
later than ~~sixty days after the effective date of this section~~	150430
November 12, 2010. Vacancies on the Committee shall be filled in	150431
the manner provided for original appointments.	150432

(C) The members who serve as chairpersons of the House and	150433
Senate committees to which public utility legislation is referred	150434
shall serve as co-chairpersons of the Select Committee on	150435
Telecommunications Regulatory Reform. The Committee shall meet at	150436
the call of the co-chairpersons who shall determine the time,	150437
meeting location, and agenda for each meeting of the Committee.	150438

(D) The Committee shall study the impacts of Sub. S.B. 162 as	150439
enacted by the 128th General Assembly. The Committee's study shall	150440
include, but shall not be limited to, a review of both the	150441
economic benefits of the act and the act's impact on jobs,	150442
telephone company rates, telephone company quality of service,	150443
lifeline program customers, rural markets, rural broadband	150444
deployment, and carrier access to private property. ~~The~~	150445
~~Committee's study shall also include a report on the~~	150446
~~Community-voicemail Service Pilot Program created in S.B. 162 of~~	150447
~~the 128th General Assembly.~~ The Public Utilities Commission shall	150448
cooperate with the Committee as it performs its duties and shall	150449
provide reports and any other information requested by the	150450
Committee.	150451

(E) The Committee may request assistance from the Legislative	150452
Service Commission.	150453

(F) Not later than ~~four years after the effective date of~~	150454
~~this section~~September 13, 2014, the Committee shall submit a	150455
written report of its findings and recommendations to the General	150456
Assembly and the Governor. Upon submission of its report, the	150457
Committee shall cease to exist.	150458

Section 620.52. That existing Section 5 of Sub. S.B. 162 of	150459
the 128th General Assembly is hereby repealed.	150460

Section 620.53. That Section 6 of Sub. S.B. 162 of the 128th	150461
General Assembly is hereby repealed.	150462

Section 630.10. That Section 5 of Sub. H.B. 125 of the 127th	150463
General Assembly, as most recently amended by Sub. H.B. 198 of the	150464
128th General Assembly, be amended to read as follows:	150465

Sec. 5. (A) As used in this section and Section 6 of Sub.	150466
H.B. 125 of the 127th General Assembly:	150467

(1) "Most favored nation clause" means a provision in a	150468
health care contract that does any of the following:	150469

(a) Prohibits, or grants a contracting entity an option to	150470
prohibit, the participating provider from contracting with another	150471
contracting entity to provide health care services at a lower	150472
price than the payment specified in the contract;	150473

(b) Requires, or grants a contracting entity an option to	150474
require, the participating provider to accept a lower payment in	150475
the event the participating provider agrees to provide health care	150476
services to any other contracting entity at a lower price;	150477

(c) Requires, or grants a contracting entity an option to	150478
require, termination or renegotiation of the existing health care	150479
contract in the event the participating provider agrees to provide	150480
health care services to any other contracting entity at a lower	150481
price;	150482

(d) Requires the participating provider to disclose the	150483
participating provider's contractual reimbursement rates with	150484
other contracting entities.	150485

(2) "Contracting entity," "health care contract," "health	150486
care services," "participating provider," and "provider" have the	150487
same meanings as in section 3963.01 of the Revised Code, as	150488
enacted by Sub. H.B. 125 of the 127th General Assembly.	150489

(B) ~~With respect to a contracting entity and a provider other~~	150490
~~than a hospital, no~~No health care contract ~~that includes~~shall	150491
contain a most favored nation clause ~~shall be entered into, and no~~	150492
~~health care contract at the instance of a contracting entity shall~~	150493
~~be amended or renewed to include a most favored nation clause, for~~	150494
~~a period of three years after the effective date of Sub. H.B. 125~~	150495
~~of the 127th General Assembly~~.	150496

(C) ~~With respect to a contracting entity and a hospital, no~~	150497
~~health care contract that includes a most favored nation clause~~	150498
~~shall be entered into, and no health care contract at the instance~~	150499
~~of a contracting entity shall be amended or renewed to include a~~	150500
~~most favored nation clause, for a period of three years after the~~	150501
~~effective date of Sub. H.B. 125 of the 127th General Assembly,~~	150502
~~subject to extension as provided in Section 6 of Sub. H.B. 125 of~~	150503
~~the 127th General Assembly.~~	150504

~~(D)~~ This section does not apply to and does not prohibit the	150505
continued use of a most favored nation clause in a health care	150506
contract that is between a contracting entity and a hospital and	150507
that is in existence on the effective date of Sub. H.B. 125 of the	150508
127th General Assembly ~~even if the health care contract is~~	150509
~~materially amended with respect to any provision of the health~~	150510
~~care contract other than the most favored nation clause during the~~	150511
~~two-year period specified in this section or during any extended~~	150512
~~period of time as provided in Section 6 of Sub. H.B. 125 of the~~	150513
~~127th General Assembly~~. This section applies to such contract if	150514
that contract is amended, or to any extension or renewal of that	150515
contract.	150516

Section 630.11. That existing Section 5 of Sub. H.B. 125 of	150517
the 127th General Assembly, as most recently amended by Sub. H.B.	150518
198 of the 128th General Assembly, is hereby repealed.	150519

Section 630.12. That Section 5 of Sub. H.B. 2 of the 127th	150520
General Assembly is hereby repealed.	150521

Section 640.10. That Section 6 of Am. Sub. S.B. 124 of the	150522
128th General Assembly be amended to read as follows:	150523

Sec. 6. A prosecuting attorney or treasurer of a county with	150524
a population greater than eight hundred thousand but less than	150525
nine hundred thousand may determine that the amount of money	150526
appropriated to the respective office from the county Delinquent	150527
Tax and Assessment Collection Fund under division (A) of section	150528
321.261 of the Revised Code exceeds the amount required to be used	150529
by that office as prescribed by division (A)(1) of that section.	150530
If a prosecuting attorney or treasurer of a county with that	150531
population makes such a determination, the prosecuting attorney or	150532
treasurer may expend up to fifty per cent of the excess so	150533
determined to pay the expenses of operating the respective office	150534
that otherwise would be payable from appropriations from the	150535
county general fund, notwithstanding section 321.261 of the	150536
Revised Code.	150537

This section expires December 31, ~~2011~~2012.

150538

Section 640.11. That existing Section 6 of Am. Sub. S.B. 124	150539
of the 128th General Assembly is hereby repealed.	150540

Section 690.10. That Section 153 of Am. Sub. H.B. 117 of the	150541
121st General Assembly, as most recently amended by Am. Sub. H.B.	150542
1 of the 128th General Assembly, be amended to read as follows:	150543

Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05,	150544
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18,	150545
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby	150546
repealed, effective October 16, ~~2011~~2013.	150547

(B) Any money remaining in the Legislative Budget Services	150548
Fund on October 16, ~~2011~~2013, the date that section 5112.19 of	150549
the Revised Code is repealed by division (A) of this section,	150550
shall be used solely for the purposes stated in then former	150551
section 5112.19 of the Revised Code. When all money in the	150552
Legislative Budget Services Fund has been spent after then former	150553
section 5112.19 of the Revised Code is repealed under division (A)	150554
of this section, the fund shall cease to exist.	150555

Section 690.11. That existing Section 153 of Am. Sub. H.B.	150556
117 of the 121st General Assembly, as most recently amended by Am.	150557
Sub. H.B. 1 of the 128th General Assembly, is hereby repealed.	150558

Section 690.20. It is not the intent of the General	150559
Assembly, in amending section 101.01 of the Revised Code in	150560
Section 1 of this act, to supersede the suspension of the repeal	150561
and delayed effective date of that repeal as described in Section	150562
4 of Sub. H.B. 495 of the 128th General Assembly.	150563

Section 701.10. (A) Prior to the implementation of the rules	150564
under section 153.503 of the Revised Code, a public owner or	150565
public authority contracting for services with a construction	150566
manager at risk or a design-build firm shall require the	150567
construction manager at risk or design-build firm to advertise the	150568
work scopes listed in division (A) of section 153.501 of the	150569
Revised Code and announce procedures for bidders seeking approval	150570
on subcontracts awarded under section 153.501 of the Revised Code.	150571

(B) Prior to the implementation of those rules, a subcontract	150572
awarded under section 153.501 of the Revised Code shall be to the	150573
lowest responsive bidder.	150574

(C) With respect to a general contract awarded for	150575
six-hundred thousand dollars or less, prior to the implementation	150576
of those rules, a bidder for any contract awarded under division	150577
(B)(2) of section 153.52 of the Revised Code shall do both of the	150578
following:	150579

(1) Solicit at least two bids for applicable subcontracts	150580
listed in division (B) of section 153.50 of the Revised Code;	150581

(2) List the selected bidder for each of the applicable	150582
subcontracts listed in division (B) of section 153.50 of the	150583
Revised Code.	150584

(D) Prior to the implementation of the rules under section	150585
153.503 of the Revised Code, a contract for the work described in	150586
division (B)(2) of section 153.52 of the Revised Code shall be	150587
awarded as follows:	150588

(1) To the lowest responsive and responsible bidder in the	150589
public authority's discretion in accordance with section 9.312 of	150590
the Revised Code when the public authority is a state agency or	150591
state institution of higher education;	150592

(2) To the lowest and best separate bidder in the public	150593
authority's discretion when the public authority is a county;	150594

(3) To the lowest responsible bidder in the case of a school	150595
district.	150596

(E) Prior to the implementation of the rules under section	150597
153.503 of the Revised Code, a contract for the work described in	150598
division (B)(2) of section 153.52 of the Revised Code shall be	150599
made directly with the bidder in the manner and upon the terms,	150600
conditions, and applicable limitations related to providing bonds	150601
or bid guaranties otherwise prescribed by law.	150602

Section 701.13. (A) The Director of Administrative Services	150603
shall adopt rules in accordance with Chapter 119. of the Revised	150604
Code to establish guidelines for the provision of surety bonds by	150605
construction managers at risk, as required under section 9.333 of	150606
the Revised Code, and design-build firms, as required under	150607
section 153.70 of the Revised Code.	150608

(B) Except as provided in division (C) of this section, the	150609
amendment or enactment of sections 9.33, 9.331, 9.332, 9.333,	150610
9.334, 9.335, 123.011, 126.141, 153.01, 153.012, 153.03, 153.07,	150611
153.08, 153.50, 153.501, 153.502, 153.503, 153.504, 153.505,	150612
153.51, 153.52, 153.53, 153.54, 153.55, 153.56, 153.581, 153.65,	150613
153.66, 153.67, 153.69, 153.692, 153.693, 153.694, 153.70, 153.71,	150614
153.72, 153.73, 153.80, 3313.46, 3318.111, 3353.04, 3354.16,	150615
3357.16, 4113.61, 5540.03, and 6115.20 of the Revised Code and	150616
Section 701.10 of this act modifying the laws governing the	150617
permissible methods of construction delivery for the construction	150618
of public improvements shall apply only to public improvement	150619
projects commencing on or after the date the rules adopted under	150620
division (A) of this section become effective.	150621

(C) The provisions of the sections listed in division (B) of	150622
this section that are amended or enacted by this act that apply	150623
the provisions of section 7.16 of the Revised Code, as enacted by	150624
this act, are not subject to the delayed application provisions of	150625
that division.	150626

Section 701.20. Not later than July 1, 2012, the Department	150627
of Administrative Services shall submit a report to the General	150628
Assembly, in accordance with section 101.68 of the Revised Code,	150629
on the feasibility of all of the following regarding health care	150630
plans to cover persons employed by political subdivisions, public	150631
school districts, as defined in section 9.901 of the Revised Code,	150632
and state institutions of higher education, as defined in section	150633
3345.011 of the Revised Code:	150634

(A) Designing multiple health care plans that achieve an	150635
optimal combination of coverage, cost, choice, and stability,	150636
which plans include both state and regional preferred provider	150637
plans, set employee and employer premiums, and set employee plan	150638
copayments, deductibles, exclusions, limitations, formularies, and	150639
other responsibilities;	150640

(B) Maintaining reserves, reinsurance, and other measures to	150641
insure the long-term stability and solvency of the health care	150642
plans;	150643

(C) Providing appropriate health care information, wellness	150644
programs, and other preventive health care measures to health care	150645
plan beneficiaries;	150646

(D) Coordinating contracts for services related to the health	150647
care plans;	150648

(E) Voluntary and mandatory participation by political	150649
subdivisions, public school districts, and institutions of higher	150650
education;	150651

(F) The potential impacts of any changes to the existing	150652
purchasing structure on existing health care pooling and	150653
consortiums;	150654

(G) Removing barriers to competition and access to health	150655
care pooling.	150656

No action shall be taken regarding health care coverage for	150657
employees of political subdivisions, public school districts, and	150658
state institutions of higher education without the enactment of	150659
law by the General Assembly.	150660

Section 701.30. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES

150661

As used in this section, "appointing authority" has the same	150662
meaning as in section 124.01 of the Revised Code, and "exempt	150663
employee" has the same meaning as in section 124.152 of the	150664
Revised Code.	150665

Notwithstanding section 124.181 of the Revised Code, in cases	150666
where no vacancy exists, an appointing authority may, with the	150667
written consent of an exempt employee, assign duties of a higher	150668
classification to that exempt employee for a period of time not to	150669
exceed two years, and that exempt employee shall receive	150670
compensation at a rate commensurate with the duties of the higher	150671
classification.	150672

Section 701.40. (A)There is hereby created the Ohio Housing	150673
Study Committee with the purpose of formulating a comprehensive	150674
review of the policies and results of the Ohio Housing Finance	150675
Agency, its programs and its working relationships to ensure that	150676
all Agency programs are evaluated by an objective process to	150677
ensure all Ohioans receive optimal and measurable benefits	150678
afforded to them through the authority of the Agency.	150679

(B) The Committee shall do all of the following:

150680

(1) Perform a comprehensive review of Chapter 175. of the	150681
Revised Code to determine the relevance of the chapter and	150682
determine whether it should be formally reviewed or amended by the	150683
General Assembly, up to and including appropriate legislative	150684
oversight and accountability;	150685

(2) Review the Agency's relationships to ensure an equitable	150686
and level playing field regarding its single- and multi-family	150687
housing programs;	150688

(3) Review the Agency's policy leadership and the measurable	150689
economic impact and other effects of its programs;	150690

(4) Review the Agency's Qualified Allocation Plan development	150691
process and underlying policies to understand whether objective	150692
and measurable results are achieved to fulfill clearly articulated	150693
public policy goals;	150694

(5) Create a quantitative report measuring the economic	150695
benefits of the Agency's single- and multi-family programming over	150696
the last ten years;	150697

(6) Evaluate the possible efficiencies of combining existing	150698
Ohio Department of Development housing-related programming with	150699
those of the Agency.	150700

The Chairperson of the Committee may include other relevant	150701
areas of study as necessary.	150702

(C) The Committee shall commence on the effective date of	150703
this act and shall provide a report expressing its findings and	150704
financial, policy, or legislative recommendations to the Governor,	150705
the Speaker of the House of Representatives, and the President of	150706
the Senate on or before March 31, 2012.	150707

(D) The Committee shall be comprised of the Auditor of State,	150708
or the Auditor's designee, the Director of Commerce, or the	150709
Director's designee, the Director of Development, or the	150710
Director's designee, and four members of the General Assembly. Two	150711
members shall be appointed by the Speaker of the House of	150712
Representatives and two members shall be appointed by the	150713
President of the Senate.	150714

The Governor, Speaker of the House of Representatives, and	150715
the President of the Senate shall determine the chairperson of the	150716
Committee.	150717

(E) The Committee shall meet on a reasonable basis at the	150718
discretion of the chairperson.	150719

(F) All reasonable expenses incurred by the Committee in	150720
carrying out its responsibilities shall be paid by Ohio Housing	150721
Finance Agency funds. In addition to reasonable expenses, the	150722
Committee shall have the discretion to allocation Agency funds to	150723
contract with the Auditor of State for services rendered in	150724
relation to the Committee carrying out its responsibilities,	150725
including financial- and performance-based audits and other	150726
services. The Auditor of State may contract with an independent	150727
auditor.	150728

The Committee may also contract with other independent	150729
entities for services rendered in relation to the Committee	150730
carrying out its responsibilities. Expenditures to pay for the	150731
services of the Auditor of State, independent auditor, or other	150732
services shall not exceed two hundred thousand dollars.	150733

No entity contracting with the Committee for services	150734
rendered shall have a financial or vested interest in the Ohio	150735
Housing Finance Agency, its affiliates, or its nonprofit partners.	150736

Section 701.50. (A) Except as otherwise provided in section	150737
154.24 or 154.25 of the Revised Code, as enacted by this act, with	150738
respect to the functions of the Ohio Public Facilities Commission,	150739
the Treasurer of State shall, on the effective date of this	150740
section and as provided for in this section, supersede and replace	150741
the Ohio Building Authority (referred to in this section as the	150742
"Authority") as the issuing authority in all matters relating to	150743
the issuance of obligations for the financing of capital	150744
facilities for housing branches and agencies of state government	150745
as provided for in section 154.24 of the Revised Code or for	150746
community or technical colleges as provided for in section 154.25	150747
of the Revised Code (together referred to in this section as	150748
"facilities for capital purposes"), as enacted by this act (all	150749
referred to in this section as "superseded matters").	150750

(B)(1) With respect to superseded matters and facilities for	150751
capital purposes, the Treasurer of State shall:	150752

(a) Succeed to and have and perform all of the duties,	150753
powers, obligations, and functions of the Authority and its	150754
members and officers provided for by law or rule relating to the	150755
issuance of bonds, notes, or other obligations for the purpose of	150756
paying costs of facilities for capital purposes;	150757

(b) Succeed to and have and perform all of the duties,	150758
powers, obligations, and functions, and have all of the rights of,	150759
the Authority and its members and officers provided for in or	150760
pursuant to resolutions, rules, agreements, trust agreements, and	150761
supplemental trust agreements (all referred to collectively in	150762
this section as "basic instruments"), and bonds, notes, and other	150763
obligations (all referred to collectively in this section as	150764
"financing obligations"), previously authorized, entered into, or	150765
issued by the Authority for facilities for capital purposes, which	150766
financing obligations shall be, or shall be deemed to be,	150767
obligations issued by and of the Treasurer of State; and	150768

(c) Be bound by all agreements and covenants of the	150769
Authority, and basic instruments, relating to financing	150770
obligations.	150771

(2) The transfer of superseded matters to the Treasurer of	150772
State pursuant to this section does not affect the validity of any	150773
agreement or covenant, basic instrument, or financing obligation,	150774
or any related document, authorized, entered into, or issued by	150775
the Authority under Chapter 152. of the Revised Code or other	150776
laws, and nothing in this section shall be applied or considered	150777
as impairing the obligations or rights under them.	150778

(3) The Treasurer of State shall not issue any additional	150779
financing obligations pursuant to any basic instrument of the	150780
Authority, including financing obligations to refund financing	150781
obligations previously issued by the Authority.	150782

(C) With respect to proceedings relating to superseded	150783
matters affected by this section:	150784

(1) This section applies to any proceedings that are	150785
commenced after the effective date of this section, and to any	150786
proceedings that are pending, in progress, or completed on that	150787
date, notwithstanding the applicable law previously in effect or	150788
any provision to the contrary in a prior basic instrument, notice,	150789
or other proceeding.	150790

(2) Any proceedings of the Authority that are pending on the	150791
effective date of this section shall be pursued and completed by	150792
and in the name of the Treasurer of State, and any financing	150793
obligations that are sold, issued, and delivered pursuant to those	150794
proceedings shall be deemed to have been authorized, sold, issued,	150795
and delivered in conformity with this section.	150796

(3) Notwithstanding divisions (C)(1) and (2) of this section,	150797
the Authority may, subsequent to the effective date of this	150798
section, meet for the purpose of better accomplishing the transfer	150799
of superseded matters. At any such meeting the Authority may take	150800
necessary or appropriate actions to effect an orderly transition	150801
relating to the issuance of financing obligations, such that all	150802
duties, powers, obligations, and functions of the Authority and	150803
its members and officers with respect to the superseded matters or	150804
under any leases and agreements between the Authority and a state	150805
agency for facilities for capital purposes shall terminate and be	150806
of no further force and effect as to the Authority.	150807

(D) Notwithstanding any other provision of this section, this	150808
section shall not apply to the Authority's interests in or	150809
responsibilities for the operation and maintenance, or any lease	150810
or agreement relating to the operation and maintenance of, the	150811
James A. Rhodes State Office Tower (30 East Broad Street,	150812
Columbus), the Vern Riffe Center for Government and the Arts (77	150813
South High Street, Columbus), the Frank J. Lausche State Office	150814
Building (615 West Superior Avenue, Cleveland), the Michael V.	150815
DiSalle Government Center (One Government Center, Toledo), the	150816
Oliver R. Ocasek Government Office Building (161 South High	150817
Street, Akron), and the State of Ohio Computer Center (1320 Arthur	150818
E. Adams Drive, Columbus).	150819

(E) The Authority and the Treasurer of State shall prepare	150820
any necessary amendments of or supplements to documents or basic	150821
instruments pertaining to the duties, powers, obligations,	150822
functions, and rights relating to superseded matters to which the	150823
Treasurer of State succeeds pursuant to this section. The	150824
authorization by the Authority in its basic instruments relating	150825
to superseded matters for its officers to act in any manner on	150826
behalf of the Authority shall, on and after the effective date of	150827
this section, be authorization for the Treasurer of State, or the	150828
Treasurer of State's staff or employees to whom the Treasurer of	150829
State may delegate the function, to act in the circumstances,	150830
without necessity for amendment of or supplement to any such	150831
documents or basic instruments.	150832

(F) No pending judicial or administrative action or	150833
proceeding in which the Authority, or its members or officers as	150834
such, are a party that pertains to superseded matters shall be	150835
affected by their transfer, but shall be prosecuted or defended in	150836
the name of the Treasurer of State and in any such action or	150837
proceeding the Treasurer of State, upon application to the court,	150838
shall be substituted as a party.	150839

(G) In connection with the duties, powers, obligations,	150840
functions, and rights relating to superseded matters and provided	150841
for in this section, on the effective date of this section:	150842

(1) Copies of all basic instruments, documents, books,	150843
papers, and records of the Authority shall be transferred to the	150844
Treasurer of State upon request, without necessity for assignment,	150845
conveyance, or other action by the Authority.	150846

(2) All appropriations previously made to or for the	150847
Authority for the purposes of the performance of the duties,	150848
powers, obligations, functions, and exercise of rights relating to	150849
superseded matters, to the extent of remaining unexpended or	150850
unencumbered balances, are hereby transferred to and made	150851
available for use and expenditure by the Treasurer of State for	150852
performing the same duties, powers, obligations, and functions and	150853
exercising the same rights for which originally appropriated, and	150854
payments for administrative expenses previously incurred in	150855
connection with them shall be made from the applicable	150856
administrative service fund on vouchers approved by the Treasurer	150857
of State.	150858

(3) All leases and agreements between the Authority and a	150859
state agency for facilities for capital purposes made under	150860
Chapter 152. of the Revised Code shall, and shall be considered	150861
to, continue to bind that state agency. Nothing in this act shall	150862
be considered as impairing the obligations of any state agency	150863
under those leases and agreements.	150864

(4) Any lease, grant, or conveyance made to the Authority	150865
pursuant to section 152.06 of the Revised Code shall be, and shall	150866
be deemed to be, made to the Ohio Public Facilities Commission	150867
pursuant to section 154.16 of the Revised Code, and the Ohio	150868
Public Facilities Commission shall succeed to and have and perform	150869
all of the duties, powers, obligations, and functions, and have	150870
all of the rights, of the Authority and its members and officers	150871
provided for in or pursuant to that lease, grant, or conveyance.	150872

(H) Whenever the Authority, or any of its members or	150873
officers, is referred to in any contract or other document	150874
relating to those outstanding financing obligations, the reference	150875
shall be considered to be, as applicable, to the Ohio Public	150876
Facilities Commission or its appropriate officers or to the	150877
Treasurer of State or the appropriate staff of the Treasurer of	150878
State.	150879

Section 701.60. Within thirty days after the effective date	150880
of this section, the Department of Administrative Services shall	150881
begin developing recommendations for a state government	150882
reorganization plan focused on increased efficiencies in the	150883
operation of state government and a reduced number of state	150884
agencies. The Department shall present its recommendations to the	150885
Speaker of the House of Representatives, the President of the	150886
Senate, the Minority Leader of the House of Representatives, and	150887
the Minority Leader of the Senate not later than January 1, 2012.	150888

Section 715.10. (A) The Ohio Soil and Water Conservation	150889
Commission that is created in section 1515.02 of the Revised Code	150890
shall establish a Conservation Program Delivery Task Force to	150891
provide recommendations to the Director of Natural Resources	150892
regarding how soil and water conservation districts established	150893
under section 1515.03 of the Revised Code may advance effective	150894
and efficient operations while continuing to provide local program	150895
leadership. The Task Force shall examine methods for improving	150896
services and removing impediments to organizational management and	150897
explore opportunities for sharing services across all levels of	150898
government.	150899

(B) The chairperson of the Commission in consultation with	150900
the Director shall appoint no more than nine members to the Task	150901
Force. The Task Force shall include members of the boards of	150902
supervisors of soil and water conservation districts and other	150903
individuals who represent diverse geographic areas of the state	150904
and may include members from the Ohio Federation of Soil and Water	150905
Conservation Districts, the Natural Resources Conservation Service	150906
in the United States Department of Agriculture, the County	150907
Commissioners' Association of Ohio, the Ohio Municipal League, and	150908
the Ohio Township Association. The Task Force may consult with	150909
those organizations and agencies.	150910

(C) The chairperson of the Commission or another member of	150911
the Commission who is designated by the chairperson shall serve as	150912
chairperson of the Task Force.	150913

(D) Members appointed to the Task Force shall serve without	150914
compensation and shall not be reimbursed for expenses. The	150915
Division of Soil and Water Resources shall provide technical and	150916
administrative support as needed by the Task Force.	150917

(E) The Task Force shall hold its first meeting no later than	150918
September 1, 2011, and shall submit a final report of	150919
recommendations to the Director and the Commission no later than	150920
December 31, 2011. Upon submission of the final report, the Task	150921
Force shall cease to exist.	150922

Section 733.10. (A) The Department of Education shall	150923
conduct and publicize a second Educational Choice Scholarship	150924
application period for the 2011-2012 school year to award for that	150925
year scholarships newly authorized by sections 3310.02 and 3310.03	150926
of the Revised Code, as amended by this act. The second	150927
application period shall commence on the effective date of this	150928
section and shall end at the close of business on the first	150929
business day that is at least forty-five days after the effective	150930
date of this section.	150931

(B) Not later than ten days after the effective date of this	150932
section, the Department shall do both of the following:	150933

(1) Mail, to each person who applied for a scholarship during	150934
the first application period for the 2011-2012 school year but did	150935
not receive a scholarship, a notice announcing the second	150936
application period, the opportunity to re-apply, and the	150937
application deadline;	150938

(2) Post prominently on its web site a list of school	150939
district-operated buildings that meet both of the following	150940
criteria:	150941

(a) For at least two of the three school years from 2007-2008	150942
through 2009-2010, ranked in the lowest ten per cent of school	150943
district buildings according to performance index score reported	150944
under section 3302.03 of the Revised Code;	150945

(b) Were not declared to be excellent or effective under that	150946
section for the 2009-2010 school year.	150947

(C) The Department shall award scholarships for the 2011-2012	150948
school year from applications submitted during the second	150949
application period according to the order of priority listed in	150950
division (B) of section 3310.02 of the Revised Code, as amended by	150951
this act. The Department shall base its award determinations on	150952
the applicant students' status during the 2010-2011 school year.	150953

(D) Notwithstanding any provision of sections 3310.01 to	150954
3310.17 of the Revised Code, any rule of the State Board of	150955
Education, or any policy of the Department to the contrary, the	150956
Department shall not deny a scholarship to a student for whom an	150957
application is submitted during the second application period	150958
solely because the student already has been admitted to a	150959
chartered nonpublic school for the 2011-2012 school year, if both	150960
of the following apply:	150961

(1) A timely application was submitted on the student's	150962
behalf during the first application period for the 2011-2012	150963
school year and the student was denied a scholarship solely	150964
because the number of applications exceeded the number of	150965
available scholarships.	150966

(2) The student either:

150967

(a) Was enrolled, through the final day of scheduled classes	150968
for the 2010-2011 school year, in the district school or community	150969
school indicated on the student's first application for the	150970
2011-2012 school year;	150971

(b) Is eligible to enroll in kindergarten for the 2011-2012	150972
school year and was not enrolled in kindergarten in a nonpublic	150973
school in the 2010-2011 school year.	150974

(E)(1) For purposes of determining eligibility under division	150975
(B) of section 3310.03 of the Revised Code for scholarships	150976
awarded for the 2012-2013 school year, the Department shall post	150977
prominently on its web site a list of school district buildings	150978
that meet both of the following criteria:	150979

(a) For at least two of the three school years from 2008-2009	150980
through 2010-2011, ranked in the lowest ten per cent of school	150981
district buildings according to performance index score;	150982

(b) Were not declared to be excellent or effective under	150983
section 3302.03 of the Revised Code for the 2010-2011 school year.	150984

(2) For purposes of determining eligibility under division	150985
(B) of section 3310.03 of the Revised Code for scholarships	150986
awarded for the 2013-2014 school year, the Department shall post	150987
prominently on its web site a list of school district buildings	150988
that meet both of the following criteria:	150989

(a) For at least two of the three school years from 2009-2010	150990
through 2011-2012, ranked in the lowest ten per cent of school	150991
district buildings according to performance index score;	150992

(b) Were not declared to be excellent or effective under	150993
section 3302.03 of the Revised Code for the 2011-2012 school year.	150994

(3) For purposes of determining eligibility under division	150995
(B) of section 3310.03 of the Revised Code for scholarships	150996
awarded for the 2014-2015 school year, the Department shall post	150997
prominently on its web site a list of school district buildings	150998
that meet both of the following criteria:	150999

(a) For at least two of the three school years from 2010-2011	151000
through 2012-2013, ranked in the lowest ten per cent of school	151001
district buildings according to performance index score;	151002

(b) Were not declared to be excellent or effective under	151003
section 3302.03 of the Revised Code for the 2012-2013 school year.	151004

(F) As used in this section, "enrolled" has the same meaning	151005
as in division (E) of section 3317.03 of the Revised Code.	151006

Section 733.20. (A)(1) Notwithstanding section 3305.03 of the	151007
Revised Code or any other provision of Chapter 3305. of the	151008
Revised Code, an alternative retirement plan established by a	151009
public institution of higher education prior to July 1, 2000, that	151010
is a qualified trust under section 401(a) of the Internal Revenue	151011
Code is hereby designated a provider for purposes of Chapter 3305.	151012
of the Revised Code.	151013

(2) Other than the contributions required under division (D)	151014
of section 3305.06 of the Revised Code and interest on those	151015
contributions at a rate determined by the State Teachers	151016
Retirement Board, a public institution of higher education is not	151017
required to pay any contributions or interest due the State	151018
Teachers Retirement System for an employee who prior to July 1,	151019
2000, made an election to participate in an alternative retirement	151020
plan designated under this section, from the date of the election	151021
as long as participation by the employee continues.	151022

(B) Notwithstanding division (C) of section 3305.05 of the	151023
Revised Code, a public institution of higher education that failed	151024
to timely file with the State Teachers Retirement System a copy of	151025
an election of an employee described in division (A)(2) of this	151026
section may file the election not later than ninety days after the	151027
effective date of this section. The system shall accept the filing	151028
as though made in compliance with section 3305.05 of the Revised	151029
Code.	151030

Section 733.30. Notwithstanding the dates prescribed by	151031
division (D) of section 3311.054 of the Revised Code, not later	151032
than July 1, 2012, the governing board of an educational service	151033
center established under that section shall redistrict the	151034
educational service center's territory into a number of	151035
subdistricts equal to the number of board members designated under	151036
division (B)(1) of that section, based on the results of the 2010	151037
decennial census. At the regular municipal election held in	151038
November 2013, all elected governing board members shall again be	151039
elected from the subdistricts created under this section.	151040

If a governing board fails to redistrict the territory of its	151041
educational service center in accordance with this section, the	151042
superintendent of public instruction shall redistrict the service	151043
center not later than August 1, 2012.	151044

Section 737.11. (A) If an agricultural labor camp is located	151045
within the jurisdiction of a board of health on the effective date	151046
of this section, the board of health shall adopt the rules	151047
required by section 3733.42 of the Revised Code as enacted by this	151048
act not later than twelve months after the effective date of the	151049
enactment of that section by this act. After adopting the rules,	151050
the board of health immediately shall notify the Director of	151051
Health.	151052

(B)(1) The rules governing agricultural labor camps adopted	151053
by the Public Health Council under former section 3733.42 of the	151054
Revised Code as repealed by this act shall remain in effect in a	151055
health district to which division (A) of this section applies	151056
until the board of health of that district adopts rules under	151057
section 3733.42 of the Revised Code as enacted by this act.	151058

(2) On the effective date of the rules adopted by such a	151059
board of health as required by section 3733.42 of the Revised Code	151060
as enacted by this act, the Public Health Council rules adopted	151061
under former section 3733.42 of the Revised Code as repealed by	151062
this act cease to be effective within the jurisdiction of that	151063
board of health.	151064

(C) Twelve months after the effective date of this section,	151065
the Public Health Council shall rescind the rules adopted under	151066
former section 3733.42 of the Revised Code as repealed by this	151067
act.	151068

(D) As used in this section:

151069

(1) "Agricultural labor camp" and "board of health" have the	151070
same meanings as in section 3733.41 of the Revised Code.	151071

(2) "Health district" has the same meaning as in section	151072
3733.21 of the Revised Code.	151073

(3) "Public Health Council" means the Public Health Council	151074
created by section 3701.33 of the Revised Code.	151075

Section 737.15. (A) If a marina is located within the	151076
jurisdiction of a board of health on the effective date of this	151077
section, the board of health shall adopt the rules required by	151078
section 3733.21 of the Revised Code as amended by this act not	151079
later than twelve months after the effective date of the amendment	151080
of that section by this act. After adopting the rules, the board	151081
of health immediately shall notify the Director of Health.	151082

(B)(1) The rules governing marinas adopted by the Public	151083
Health Council under former section 3733.22 of the Revised Code as	151084
repealed by this act shall remain in effect in a health district	151085
to which division (A) of this section applies until the board of	151086
health of that district adopts rules under section 3733.21 of the	151087
Revised Code as amended by this act.	151088

(2) On the effective date of the rules adopted by such a	151089
board of health as required by section 3733.21 of the Revised Code	151090
as amended by this act, the Public Health Council rules adopted	151091
under former section 3733.22 of the Revised Code as repealed by	151092
this act cease to be effective within the jurisdiction of that	151093
board of health.	151094

(C) Twelve months after the effective date of this section,	151095
the Public Health Council shall rescind the rules adopted under	151096
former section 3733.22 of the Revised Code as repealed by this	151097
act.	151098

(D) As used in this section:

151099

(1) "Board of health," "health district," and "marina" have	151100
the same meanings as in section 3733.21 of the Revised Code.	151101

(2) "Public Health Council" means the Public Health Council	151102
created by section 3701.33 of the Revised Code.	151103

Section 737.30. (A) The Manufactured Homes Commission shall	151104
adopt the rules required by section 4781.26 of the Revised Code as	151105
amended by this act not later than December 1, 2011. After	151106
adopting the rules, the Commission immediately shall notify the	151107
Director of Health.	151108

(B)(1) The rules governing manufactured home parks adopted by	151109
the Public Health Council under former section 3733.02 of the	151110
Revised Code as amended by this act shall remain in effect in a	151111
health district until the Commission adopts rules under section	151112
4781.26 of the Revised Code as amended by this act.	151113

(2) On the effective date of the rules adopted by the	151114
Commission as required by section 4781.26 of the Revised Code as	151115
amended by this act, the Public Health Council rules adopted under	151116
former section 3733.02 of the Revised Code as amended by this act	151117
cease to be effective within the jurisdiction of that board of	151118
health.	151119

(C) No board of health of a city or general health district	151120
shall invoice or collect manufactured home park licensing fees for	151121
calendar year 2012.	151122

(D) As used in this section:

151123

(1) "Manufactured home park," "board of health," and "health	151124
district" have the same meanings as in section 3733.01 of the	151125
Revised Code.	151126

(2) "Public Health Council" means the Public Health Council	151127
created by section 3701.33 of the Revised Code.	151128

Any manufactured home park license and inspection fees	151129
collected pursuant to section 3733.04 of the Revised Code by a	151130
board of health prior to the transition of the annual license and	151131
inspection program to the Manufactured Homes Commission as	151132
required under this act in the amount of two thousand dollars or	151133
less may be transferred to the health fund of the city or general	151134
health district. Any of those funds in excess of two thousand	151135
dollars shall be transferred to the Manufactured Homes Commission	151136
and deposited in the Manufactured Homes Commission Regulatory Fund	151137
created in section 4781.54 of the Revised Code as enacted by this	151138
act.	151139

Section 737.40. The Director of Budget and Management shall	151140
compare and analyze alternatives in order to convert the lottery	151141
from a state-run entity to a commercially run enterprise. The	151142
Director shall develop a competitive selection process in	151143
compliance with Chapter 125. of the Revised Code for the selection	151144
of an entity or entities to operate and manage the lottery. In	151145
completing this task, the Director may hire appropriate experts	151146
who are qualified in lottery evaluation and management. However,	151147
no entity or advisor shall be paid based upon any contingency	151148
contract, agreement, or the value to the state of any subsequent	151149
lottery management or operating agreement. No such entity or	151150
consultant may bid or participate on any subsequent request for	151151
proposals or proposal for operation or management of the lottery.	151152

The request for proposals shall include a provision that the	151153
proceeds payable to the bidder shall be subject to all ordinary	151154
taxes.	151155

By December 15, 2011, the Director shall report to the	151156
General Assembly the Director's proposal for the operation and	151157
management of the lottery, which shall include methods for	151158
realizing optimum value of the lottery for the state when	151159
considering all appropriate factors including, but not limited to,	151160
improvement in the present value of the anticipated existing	151161
lottery stream, past performance, anticipated growth, as well as	151162
any future growth guarantees, up-front payments, and overall	151163
return.	151164

Based upon this report, the Director, by January 15, 2012,	151165
shall propose a request for proposals process to the General	151166
Assembly that outlines the appropriate terms and conditions for	151167
the operation and management of the lottery.	151168

Within ninety days of receipt of the Director's proposal, the	151169
General Assembly may approve or reject the terms and conditions	151170
outlined in the request for proposals by a joint resolution	151171
initiated in the Senate. If the General Assembly does not act	151172
during this period, the Director may move forward with the request	151173
for proposals.	151174

Section 747.20. Notwithstanding the original term of the	151175
appointment, the term of the Manufactured Homes Commission member	151176
who was appointed by the Governor as a representative of the	151177
Department of Health pursuant to division (B)(2)(b) of section	151178
4781.02 of the Revised Code shall end on the effective date of	151179
that section as amended by this act. The initial term of the	151180
registered sanitarian appointed to the Manufactured Homes	151181
Commission pursuant to section 4781.02 of the Revised Code, as	151182
amended by this act, shall expire on the date when the	151183
representative of the Department of Health's term would have	151184
expired, but for this section.	151185

Section 747.30. (A) There is hereby created the Auctioneer	151186
Study Commission consisting of the following members:	151187

(1) A representative of the Department of Taxation appointed	151188
by the Tax Commissioner;	151189

(2) A representative of the Bureau of Motor Vehicles	151190
appointed by the Registrar of Motor Vehicles;	151191

(3) A representative of the Office of the Attorney General	151192
appointed by the Attorney General;	151193

(4) A representative of the Department of Agriculture	151194
appointed by the Director of Agriculture;	151195

(5) A representative of the State Auctioneers Commission	151196
appointed by the Commission;	151197

(6) One member appointed by the Ohio Automobile Dealers	151198
Association;	151199

(7) One member appointed by the Ohio Automobile Auction	151200
Coalition;	151201

(8) One member representing equipment auctioneers;

151202

(9) One member representing consignment facility auctioneers;

151203

(10) Two members of the House of Representatives appointed by	151204
the Speaker of the House of Representatives;	151205

(11) Two members of the Senate appointed by the President of	151206
the Senate.	151207

(B) All appointments shall be made to the Commission not	151208
later than ten days after the effective date of this section. The	151209
member representing the Department of Agriculture shall serve as	151210
the chairperson. The Commission shall hold its first meeting	151211
thirty days after the effective date of this section and shall	151212
hold regular meetings as necessary after the initial meeting.	151213

(C) The Commission shall examine the scope of practices for	151214
the auctioneer profession and shall make recommendations to the	151215
General Assembly regarding those practices.	151216

(D) Not later than January 1, 2012, the Commission shall	151217
submit a report of its findings and recommendations to the	151218
Governor, the Speaker of the House of Representatives, the	151219
Minority Leader of the House of Representatives, the President of	151220
the Senate, and the Minority Leader of the Senate. Upon submission	151221
of the report, the Commission ceases to exist.	151222

Section 747.40. (A) For members of the Residential	151223
Construction Advisory Committee serving terms beginning on July 1,	151224
2011, such members' terms shall expire as follows:	151225

(1) The terms of the members described in divisions (A)(3),	151226
(A)(6), and one of the members described in division (A)(1) of	151227
section 4740.14 of the Revised Code as amended by this act shall	151228
expire on June 30, 2012.	151229

(2) The terms of the member described in division (A)(4), one	151230
of the members described in division (A)(1), and one of the	151231
members described in division (A)(2) of section 4740.14 of the	151232
Revised Code as amended by this act shall expire on June 30, 2013.	151233

(3) The terms of the member described in division (A)(5), one	151234
of the members described in division (A)(1), and one of the	151235
members described in division (A)(2) of section 4740.14 of the	151236
Revised Code as amended by this act shall expire on June 30, 2014.	151237

(B) The Director of Commerce shall determine which of the	151238
members appointed pursuant to division (A)(1) of section 4740.14	151239
of the Revised Code as amended by this act will serve the term	151240
described in division (A)(1), which member will serve the term	151241
described in division (A)(2), and which member will serve the term	151242
described in division (A)(3) of this section, and shall determine	151243
which of the members appointed pursuant to division (A)(2) of	151244
section 4740.14 of the Revised Code as amended by this act will	151245
serve the term described in division (A)(2) and which member will	151246
serve the term described in division (A)(3) of this section.	151247

(C) Upon the expiration of the terms described in division	151248
(A) of this section, all successive terms shall last for the	151249
period described in division (C) of section 4740.14 of the Revised	151250
Code as amended by this act.	151251

Section 749.10. The Public Utilities Commission shall, on or	151252
before December 31, 2011, determine appropriate methods under	151253
which to ensure that the reduction in public utility assessments	151254
paid under section 4911.18 of the Revised Code for the Office of	151255
the Ohio Consumers' Counsel for fiscal year 2012 and fiscal year	151256
2013 is distributed to the benefit of Ohio customers of those	151257
public utilities. The Commission shall implement its distribution	151258
methodology in a timely manner.	151259

Section 753.10. (A) As used in this section, "contractor"	151260
and "facility" have the same meanings as in section 9.06 of the	151261
Revised Code, as amended by Sections 101.01 and 101.02 of this	151262
act.	151263

(B)(1) The Director of Administrative Services and the	151264
Director of Rehabilitation and Correction are hereby authorized to	151265
award one or more contracts through requests for proposals for the	151266
operation and management by a contractor of one or more of the	151267
facilities described in divisions (C) to (G) of this section,	151268
pursuant to section 9.06 of the Revised Code, and for the transfer	151269
of the state's right, title, and interest in the real property on	151270
which the facility is situated and any surrounding land as	151271
described in those divisions.	151272

(2) If the Director of Administrative Services and the	151273
Director of Rehabilitation and Correction award a contract of the	151274
type described in division (B)(1) of this section to a contractor	151275
regarding a facility described in division (C), (D), (E), (F), or	151276
(G) of this section, in addition to the requirements, statements,	151277
and authorizations that must be included in the contract pursuant	151278
to division (B) of section 9.06 of the Revised Code, the contract	151279
shall include all of the following regarding the facility that is	151280
the subject of the contract:	151281

(a) An agreement for the sale to the contractor of the	151282
state's right, title, and interest in the facility, the land	151283
situated thereon, and specified surrounding land;	151284

(b) A requirement that the contractor provide preferential	151285
hiring treatment to employees of the Department of Rehabilitation	151286
and Correction in order to retain staff displaced as a result of	151287
the transition of the operation and management of the facility and	151288
to meet the administrative, programmatic, maintenance, and	151289
security needs of the facility;	151290

(c) Notwithstanding any provision of the Revised Code,	151291
authorization for the transfer to the contractor of any supplies,	151292
equipment, furnishings, fixtures, or other assets considered	151293
necessary by the Director of Rehabilitation and Correction and the	151294
Director of Administrative Services for the continued operation	151295
and management of the facility;	151296

(d) A binding commitment that irrevocably grants to the state	151297
a right, upon the occurrence of any triggering event described in	151298
division (B)(2)(d)(i) or (ii) of this section and in accordance	151299
with the particular division, to repurchase the facility and the	151300
real property on which it is situated, any surrounding land that	151301
is to be transferred under the contract, or both the facility and	151302
real property on which it is situated plus the surrounding land	151303
that is to be transferred under the contract. The triggering	151304
events and the procedures for a repurchase under the irrevocable	151305
grant described in this division are as follows:	151306

(i) Before the contractor, or the contractor's successor in	151307
title, may resell or otherwise transfer the facility and the real	151308
property on which it is situated, any surrounding land that is to	151309
be transferred under the contract, or both the facility and real	151310
property on which it is situated plus the surrounding land that is	151311
to be transferred under the contract, the contractor or successor	151312
first must offer the state the opportunity to repurchase the	151313
facility, real property, and surrounding land that is to be resold	151314
or transferred for a price not greater than the purchase price	151315
paid to the state for that facility, real property, or surrounding	151316
land, less depreciation from the time of the conveyance of that	151317
facility, real property, or surrounding land to the contractor,	151318
plus the depreciated value of any capital improvements to that	151319
facility, real property, or surrounding land that were made to it	151320
and funded by anyone other than the state subsequent to the	151321
conveyance to the contractor. The repurchase opportunity described	151322
in this division must be offered to the state at least one hundred	151323
twenty days before the contractor intends to resell or otherwise	151324
transfer the facility, real property, or surrounding land that is	151325
to be resold or transferred. After being offered the repurchase	151326
opportunity, the state has the right to repurchase the facility,	151327
real property, and surrounding land that is to be resold or	151328
otherwise transferred for the price described in this division.	151329

(ii) Upon the contractor's default of any financial agreement	151330
for the purchase of the facility and the real property on which it	151331
is situated, any surrounding land that is to be transferred under	151332
the contract, or both the facility and real property on which it	151333
is situated plus the surrounding land that is to be transferred	151334
under the contract, upon the contractor's default of any other	151335
term in the contract, or upon the contractor's financial	151336
insolvency or inability to meet its contractual obligations, the	151337
state has the right to repurchase the facility and real property,	151338
the surrounding land, or both the facility and real property and	151339
the surrounding land, for a price not greater than the purchase	151340
price paid to the state for that facility, real property, or	151341
surrounding land, less depreciation from the time of the	151342
conveyance of that facility, real property, or surrounding land to	151343
the contractor, plus the depreciated value of any capital	151344
improvements to that facility, real property, or surrounding land	151345
that were made to it and funded by anyone other than the state	151346
subsequent to the conveyance to the contractor.	151347

(3)(a) If the Director of Administrative Services and the	151348
Director of Rehabilitation and Correction award a contract of the	151349
type described in division (B)(1) of this section to a contractor	151350
regarding a facility described in division (C), (D), (E), (F), or	151351
(G) of this section, notwithstanding any provision of the Revised	151352
Code and subject to division (B)(3)(b) of this section, the state	151353
may transfer to the contractor in accordance with the contract any	151354
supplies, equipment, furnishings, fixtures, or other assets	151355
considered necessary by the Director of Rehabilitation and	151356
Correction and the Director of Administrative Services for the	151357
continued operation and management of the facility. For purposes	151358
of this paragraph and the transfer authorized under this	151359
paragraph, any such supplies, equipment, furnishings, fixtures, or	151360
other assets shall not be considered supplies, excess supplies, or	151361
surplus supplies as defined in section 125.12 of the Revised Code	151362
and may be disposed of as part of the transfer of the facility to	151363
the contractor.	151364

(b) If the Director of Administrative Services and the	151365
Director of Rehabilitation and Correction award a contract of the	151366
type described in division (B)(1) of this section to a contractor	151367
regarding the facility described in division (D) of this section,	151368
the Director of Rehabilitation and Correction may transfer to	151369
another state correctional institution to be determined by the	151370
Director of Rehabilitation and Correction the Braille printing	151371
press and related accessories located at the facility described in	151372
division (D) of this section and all programs associated with the	151373
Braille printing press.	151374

(4) Nothing in divisions (B)(1) to (3) or divisions (C) to	151375
(G) of this section restricts the department of rehabilitation and	151376
correction from contracting for only the private operation and	151377
management of any of the facilities described in divisions (C) to	151378
(G) of this section.	151379

(C)(1) As used in division (C) of this section, "grantee"	151380
means an entity that has contracted under section 9.06 of the	151381
Revised Code to privately operate the Lake Erie Correctional	151382
Facility, if the contract includes the clauses described in	151383
division (B)(2) of this section for the purchase of that Facility.	151384

(2) The Governor is authorized to execute a deed in the name	151385
of the state conveying to the grantee, its successors and assigns,	151386
all of the right, title, and interest of the state in the Lake	151387
Erie Correctional Facility, in the City of Conneaut, County of	151388
Ashtabula, State of Ohio, the land situated thereon, and any	151389
surrounding land, which totals approximately 119 acres.	151390

In preparing the deed, the Auditor of State, with the	151391
assistance of the Attorney General, shall develop a legal	151392
description of the property in conformity with the actual bounds	151393
of the real estate.	151394

(3) Consideration for conveyance of the real estate shall be	151395
set forth in the contract awarded to the grantee and shall be paid	151396
in accordance with the terms of the contract.	151397

(4)(a) The deed may contain any restriction that the Director	151398
of Administrative Services and the Director of Rehabilitation and	151399
Correction determine is reasonably necessary to protect the	151400
state's interest in neighboring state-owned land.	151401

(b) The deed also shall contain restrictions prohibiting the	151402
grantee from using, developing, or selling the real estate, or the	151403
correctional facility thereon, except in conformance with the	151404
restriction, or if the use, development, or sale will interfere	151405
with the quiet enjoyment of the neighboring state-owned land.	151406

(5) The real estate shall be sold as an entire tract and not	151407
in parcels.	151408

(6) Upon payment of the purchase price as set forth in the	151409
contract awarded to the grantee, the Auditor of State, with the	151410
assistance of the Attorney General, shall prepare a deed to the	151411
real estate. The deed shall state the consideration and	151412
restrictions and shall be executed by the Governor in the name of	151413
the state, countersigned by the Secretary of State, sealed with	151414
the Great Seal of the State, presented in the Office of the	151415
Auditor of State for recording, and delivered to the grantee. The	151416
grantee shall present the deed for recording in the Office of the	151417
Ashtabula County Recorder.	151418

(7) The grantee shall pay all costs associated with the	151419
purchase and conveyance of the real estate, including recordation	151420
costs of the deed.	151421

(8) The proceeds of the conveyance of the real estate shall	151422
be deposited into the state treasury to the credit of the Adult	151423
and Juvenile Correctional Facilities Bond Retirement Fund and	151424
shall be used to redeem or defease bonds in accordance with	151425
section 5120.092 of the Revised Code, and any remaining moneys	151426
after such redemption or defeasance shall be transferred in	151427
accordance with that section to the General Revenue Fund.	151428

(9) Division (C) of this section does not restrict the	151429
Department of Rehabilitation and Correction from contracting, not	151430
for the sale of, but only for the private operation and management	151431
of the Lake Erie Correctional Facility.	151432

(10) Division (C) of this section expires two years after its	151433
effective date.	151434

(D)(1) As used in division (D) of this section, "grantee"	151435
means an entity that has contracted under section 9.06 of the	151436
Revised Code to privately operate the Grafton Correctional	151437
Institution, if the contract includes the clauses described in	151438
division (B)(2) of this section for the purchase of that	151439
Institution.	151440

(2) The Governor is authorized to execute a deed in the name	151441
of the state conveying to the grantee, its successors and assigns,	151442
all of the right, title, and interest of the state in the Grafton	151443
Correctional Institution, in the City of Grafton, County of	151444
Lorain, State of Ohio, the land situated thereon, and any	151445
surrounding land, which totals approximately 148 acres.	151446

In preparing the deed, the Auditor of State, with the	151447
assistance of the Attorney General, shall develop a legal	151448
description of the property in conformity with the actual bounds	151449
of the real estate.	151450

(3) Consideration for conveyance of the real estate shall be	151451
set forth in the contract awarded to the grantee and shall be paid	151452
in accordance with the terms of the contract.	151453

(4)(a) The deed may contain any restriction that the Director	151454
of Administrative Services and the Director of Rehabilitation and	151455
Correction determine is reasonably necessary to protect the	151456
state's interest in neighboring state-owned land.	151457

(b) The deed also shall contain restrictions prohibiting the	151458
grantee from using, developing, or selling the real estate, or the	151459
correctional facility thereon, except in conformance with the	151460
restriction, or if the use, development, or sale will interfere	151461
with the quiet enjoyment of the neighboring state-owned land.	151462

(5) The real estate shall be sold as an entire tract and not	151463
in parcels.	151464

(6) Upon payment of the purchase price as set forth in the	151465
contract awarded to the grantee, the Auditor of State, with the	151466
assistance of the Attorney General, shall prepare a deed to the	151467
real estate. The deed shall state the consideration and	151468
restrictions and shall be executed by the Governor in the name of	151469
the state, countersigned by the Secretary of State, sealed with	151470
the Great Seal of the State, presented in the Office of the	151471
Auditor of State for recording, and delivered to the grantee. The	151472
grantee shall present the deed for recording in the Office of the	151473
Lorain County Recorder.	151474

(7) The grantee shall pay all costs associated with the	151475
purchase and conveyance of the real estate, including recordation	151476
costs of the deed.	151477

(8) The proceeds of the conveyance of the real estate shall	151478
be deposited into the state treasury to the credit of the Adult	151479
and Juvenile Correctional Facilities Bond Retirement Fund and	151480
shall be used to redeem or defease bonds in accordance with	151481
section 5120.092 of the Revised Code, and any remaining moneys	151482
after such redemption or defeasance shall be transferred in	151483
accordance with that section to the General Revenue Fund.	151484

(9) Division (D) of this section does not restrict the	151485
Department of Rehabilitation and Correction from contracting, not	151486
for the sale of, but only for the private operation and management	151487
of the Grafton Correctional Institution.	151488

(10) Division (D) of this section expires two years after its	151489
effective date.	151490

(E)(1) As used in division (E) of this section, "grantee"	151491
means an entity that has contracted under section 9.06 of the	151492
Revised Code to privately operate the North Coast Correctional	151493
Treatment Facility, if the contract includes the clauses described	151494
in division (B)(2) of this section for the purchase of that	151495
Facility.	151496

(2) The Governor is authorized to execute a deed in the name	151497
of the state conveying to the grantee, its successors and assigns,	151498
all of the right, title, and interest of the state in the North	151499
Coast Correctional Treatment Facility, in the City of Grafton,	151500
County of Lorain, State of Ohio, the land situated thereon, and	151501
any surrounding land, which totals approximately 171 acres.	151502

In preparing the deed, the Auditor of State, with the	151503
assistance of the Attorney General, shall develop a legal	151504
description of the property in conformity with the actual bounds	151505
of the real estate.	151506

(3) Consideration for conveyance of the real estate shall be	151507
set forth in the contract awarded to the grantee and shall be paid	151508
in accordance with the terms of the contract.	151509

(4)(a) The deed may contain any restriction that the Director	151510
of Administrative Services and the Director of Rehabilitation and	151511
Correction determine is reasonably necessary to protect the	151512
state's interest in neighboring state-owned land.	151513

(b) The deed also shall contain restrictions prohibiting the	151514
grantee from using, developing, or selling the real estate, or the	151515
correctional facility thereon, except in conformance with the	151516
restriction, or if the use, development, or sale will interfere	151517
with the quiet enjoyment of the neighboring state-owned land.	151518

(5) The real estate shall be sold as an entire tract and not	151519
in parcels.	151520

(6) Upon payment of the purchase price as set forth in the	151521
contract awarded to the grantee, the Auditor of State, with the	151522
assistance of the Attorney General, shall prepare a deed to the	151523
real estate. The deed shall state the consideration and	151524
restrictions and shall be executed by the Governor in the name of	151525
the state, countersigned by the Secretary of State, sealed with	151526
the Great Seal of the State, presented in the Office of the	151527
Auditor of State for recording, and delivered to the grantee. The	151528
grantee shall present the deed for recording in the Office of the	151529
Lorain County Recorder.	151530

(7) The grantee shall pay all costs associated with the	151531
purchase and conveyance of the real estate, including recordation	151532
costs of the deed.	151533

(8) The proceeds of the conveyance of the real estate shall	151534
be deposited into the state treasury to the credit of the Adult	151535
and Juvenile Correctional Facilities Bond Retirement Fund and	151536
shall be used to redeem or defease bonds in accordance with	151537
section 5120.092 of the Revised Code, and any remaining moneys	151538
after such redemption or defeasance shall be transferred in	151539
accordance with that section to the General Revenue Fund.	151540

(9) Division (E) of this section does not restrict the	151541
Department of Rehabilitation and Correction from contracting, not	151542
for the sale of, but only for the private operation and management	151543
of the North Coast Correctional Treatment Facility.	151544

(10) Division (E) of this section expires two years after its	151545
effective date.	151546

(F)(1) As used in division (F) of this section, "grantee"	151547
means an entity that has contracted under section 9.06 of the	151548
Revised Code to privately operate the North Central Correctional	151549
Institution, if the contract includes the clauses described in	151550
division (B)(2) of this section for the purchase of that	151551
Institution.	151552

(2) The Governor is authorized to execute a deed in the name	151553
of the state conveying to the grantee, its successors and assigns,	151554
all of the right, title, and interest of the state in the North	151555
Central Correctional Institution, in the City of Marion, County of	151556
Marion, State of Ohio, the land situated thereon, and any	151557
surrounding land, which totals approximately 152 acres.	151558

In preparing the deed, the Auditor of State, with the	151559
assistance of the Attorney General, shall develop a legal	151560
description of the property in conformity with the actual bounds	151561
of the real estate.	151562

(3) Consideration for conveyance of the real estate shall be	151563
set forth in the contract awarded to the grantee and shall be paid	151564
in accordance with the terms of the contract.	151565

(4)(a) The deed may contain any restriction that the Director	151566
of Administrative Services and the Director of Rehabilitation and	151567
Correction determine is reasonably necessary to protect the	151568
state's interest in neighboring state-owned land.	151569

(b) The deed also shall contain restrictions prohibiting the	151570
grantee from using, developing, or selling the real estate, or the	151571
correctional facility thereon, except in conformance with the	151572
restriction, or if the use, development, or sale will interfere	151573
with the quiet enjoyment of the neighboring state-owned land.	151574

(5) The real estate shall be sold as an entire tract and not	151575
in parcels.	151576

(6) Upon payment of the purchase price as set forth in the	151577
contract awarded to the grantee, the Auditor of State, with the	151578
assistance of the Attorney General, shall prepare a deed to the	151579
real estate. The deed shall state the consideration and	151580
restrictions and shall be executed by the Governor in the name of	151581
the state, countersigned by the Secretary of State, sealed with	151582
the Great Seal of the State, presented in the Office of the	151583
Auditor of State for recording, and delivered to the grantee. The	151584
grantee shall present the deed for recording in the Office of the	151585
Marion County Recorder.	151586

(7) The grantee shall pay all costs associated with the	151587
purchase and conveyance of the real estate, including recordation	151588
costs of the deed.	151589

(8) The proceeds of the conveyance of the real estate shall	151590
be deposited into the state treasury to the credit of the Adult	151591
and Juvenile Correctional Facilities Bond Retirement Fund and	151592
shall be used to redeem or defease bonds in accordance with	151593
section 5120.092 of the Revised Code, and any remaining moneys	151594
after such redemption or defeasance shall be transferred in	151595
accordance with that section to the General Revenue Fund.	151596

(9) Division (F) of this section does not restrict the	151597
Department of Rehabilitation and Correction from contracting, not	151598
for the sale of, but only for the private operation and management	151599
of the North Central Correctional Institution.	151600

(10) Division (F) of this section expires two years after its	151601
effective date.	151602

(G)(1)(a) As used in division (G) of this section, "grantee"	151603
means an entity that has contracted under section 9.06 of the	151604
Revised Code to privately operate a facility at the North Central	151605
Correctional Institution Camp, if the contract includes the	151606
clauses described in division (B)(2) of this section for the	151607
purchase of that facility.	151608

(b) Jurisdiction of the facility described in division	151609
(G)(1)(a) of this section, which is a vacated facility previously	151610
operated by the Department of Youth Services adjacent to the North	151611
Central Correctional Institution, is hereby transferred from the	151612
Department of Youth Services to the Department of Rehabilitation	151613
and Correction. The transfer of jurisdiction of that facility is	151614
hereby ratified and approved.	151615

(2) The Governor is authorized to execute a deed in the name	151616
of the state conveying to the grantee, its successors and assigns,	151617
all of the right, title, and interest of the state in the North	151618
Central Correctional Institution Camp, in the City of Marion,	151619
County of Marion, State of Ohio, the land situated thereon, and	151620
any surrounding land, which totals approximately 106 acres.	151621

In preparing the deed, the Auditor of State, with the	151622
assistance of the Attorney General, shall develop a legal	151623
description of the property in conformity with the actual bounds	151624
of the real estate.	151625

(3) Consideration for conveyance of the real estate shall be	151626
set forth in the contract awarded to the grantee and shall be paid	151627
in accordance with the terms of the contract.	151628

(4)(a) The deed may contain any restriction that the Director	151629
of Administrative Services and the Director of Rehabilitation and	151630
Correction determine is reasonably necessary to protect the	151631
state's interest in neighboring state-owned land.	151632

(b) The deed also shall contain restrictions prohibiting the	151633
grantee from using, developing, or selling the real estate, or the	151634
correctional facility thereon, except in conformance with the	151635
restriction, or if the use, development, or sale will interfere	151636
with the quiet enjoyment of the neighboring state-owned land.	151637

(5) The real estate shall be sold as an entire tract and not	151638
in parcels.	151639

(6) Upon payment of the purchase price as set forth in the	151640
contract awarded to the grantee, the Auditor of State, with the	151641
assistance of the Attorney General, shall prepare a deed to the	151642
real estate. The deed shall state the consideration and	151643
restrictions and shall be executed by the Governor in the name of	151644
the state, countersigned by the Secretary of State, sealed with	151645
the Great Seal of the State, presented in the Office of the	151646
Auditor of State for recording, and delivered to the grantee. The	151647
grantee shall present the deed for recording in the Office of the	151648
Marion County Recorder.	151649

(7) The grantee shall pay all costs associated with the	151650
purchase and conveyance of the real estate, including recordation	151651
costs of the deed.	151652

(8) The proceeds of the conveyance of the real estate shall	151653
be deposited into the state treasury to the credit of the Adult	151654
and Juvenile Correctional Facilities Bond Retirement Fund and	151655
shall be used to redeem or defease bonds in accordance with	151656
section 5120.092 of the Revised Code, and any remaining moneys	151657
after such redemption or defeasance shall be transferred in	151658
accordance with that section to the General Revenue Fund.	151659

(9) Division (G) of this section does not restrict the	151660
Department of Rehabilitation and Correction from contracting, not	151661
for the sale of, but only for the private operation and management	151662
of the North Central Correctional Institution Camp.	151663

(10) Division (G) of this section expires two years after its	151664
effective date.	151665

Section 753.20. (A) The Governor is authorized to execute a	151666
deed in the name of the state conveying to the Ripley Union Lewis	151667
Huntington School District, its successors and assigns, all of the	151668
state's right, title, and interest in the following described real	151669
estate:	151670

I	151671

Starting at a 5/8" iron pin found on the southerly	151672
right-of-way line of Outer Drive, the northeasterly line of Edward	151673
and Eva K. Farnbach and Michael S. Pfeffer, Trustee at the	151674
northwesterly corner of L.J. Germann's Addition as recorded in	151675
Plat Book C-3, page 204, slide 213 in the Brown County, Ohio	151676
Recorder's Office;	151677

Thence with the southerly right-of-way line of said Outer	151678
Drive and with the northerly line of said Farnbach and Pfeffer for	151679
the next four (4) courses;	151680

South 63 degrees 34 minutes 18 seconds West a distance of	151681
24.20 feet;	151682

South 79 degrees 33 minutes 23 seconds West a distance of	151683
92.60 feet;	151684

South 75 degrees 58 minutes 20 seconds West a distance of	151685
347.02 feet;	151686

South 84 degrees 53 minutes 30 seconds West a distance of	151687
10.54 feet;	151688

Thence with a line through the land of said Farnbach and	151689
Pfeffer for the next two (2) courses:	151690

South 21 degrees 11 minutes 23 seconds West a distance of	151691
43.58 feet;	151692

South 0 degrees 25 minutes 20 seconds West a distance of	151693
586.49 feet to a point on the southerly line of said Farnbach and	151694
Pfeffer and on the northerly line of Michael Ray Schwallie;	151695

Thence with a line through the land of said Schwallie for the	151696
next two (2) courses:	151697

South 0 degrees 25 minutes 20 seconds West a distance of	151698
227.62 feet;	151699

South 35 degrees 47 minutes 10 seconds East a distance of	151700
523.46 feet to a point on the southerly line of said Schwallie and	151701
on the northerly line of the State of Ohio;	151702

Thence with a line through the land of said State of Ohio	151703
three (3) courses:	151704

South 35 degrees 47 minutes 10 seconds East a distance of	151705
29.17 feet;	151706

South 6 degrees 22 minutes 58 seconds West a distance of	151707
29.21 feet;	151708

South 51 degrees 22 minutes 58 seconds West a distance of	151709
583.46 feet and the true point of beginning;	151710

Thence from said true point of beginning and through the land	151711
of said State of Ohio for the next five (5) courses:	151712

On a curve to the left having a radius of 300.00 feet, an	151713
interior angle of 37 degrees 00 minutes 54 seconds, an arc length	151714
of 193.81 feet, a chord bearing of South 76 degrees 58 minutes 37	151715
seconds East for a chord length of 190.46 feet;	151716

South 58 degrees 28 minutes 11 seconds East a distance of	151717
284.98 feet;	151718

On a curve to the left having a radius of 300.00 feet, an	151719
interior angle of 180 degrees 00 minutes 00 seconds, an arc length	151720
of 942.48 feet, a chord bearing of South 31 degrees 31 minutes 49	151721
seconds West for a chord length of 600.00 feet;	151722

North 58 degrees 28 minutes 11 seconds West a distance of	151723
284.98 feet;	151724

On a curve to the right having a radius of 300.00 feet, an	151725
interior angle of 142 degrees 59 minutes 08 seconds, an arc length	151726
of 748.67 feet, a chord bearing of North 13 degrees 01 minutes 23	151727
seconds East for a chord length of 568.97 feet and CONTAINING	151728
3.925 Acres	151729

This description was prepared by Christopher S. Renshaw,	151730
P.S., Ohio Registration No. 8319 on 16 October 2009.	151731

II	151732

Starting at 5/8" iron pin found on the southerly right-of-way	151733
line of Outer Drive, the northeasterly corner of Edward and Eva K.	151734
Farnbach and Michael S. Pfeffer, Trustee at the northwesterly	151735
corner of L.J. Germann's Addition as recorded in Plat Book C-3,	151736
page 204, slide 213 in the Brown County, Ohio Recorder's Office;	151737

Thence with the southerly right-of-way line of Outer Drive	151738
and with the northerly line of Edward and Eva K. Farnbach, etal	151739
for the next three (3) courses:	151740

South 63 degrees 34 minutes 18 seconds West a distance of	151741
24.20 feet;	151742

South 79 degrees 33 minutes 23 seconds West a distance of	151743
92.60 feet;	151744

South 75 degrees 58 minutes 20 seconds West a distance of	151745
340.45 feet;	151746

Thence through the land of said Farnbach for the next two (2)	151747
courses:	151748

South 21 degrees 11 minutes 23 seconds West a distance of	151749
49.42 feet;	151750

South 0 degrees 25 minutes 20 seconds West a distance of	151751
571.70 feet to a point on the southerly line of said Farnbach and	151752
on the northerly line of Michael Ray Schwallie;	151753

Thence through the land of said Schwallie for the next two	151754
(2) courses:	151755

South 0 degrees 25 minutes 20 seconds West a distance of	151756
234.76 feet;	151757

South 35 degrees 47 minutes 10 seconds East a distance of	151758
518.08 feet to a point on the southerly line of said Schwallie and	151759
on the northerly line of the State of Ohio and the true point of	151760
beginning; said point being on the easterly line of said real	151761
estate;	151762

Thence from said the true point of beginning and with a line	151763
through the land of said State of Ohio seven (7) courses:	151764

South 35 degrees 47 minutes 10 seconds East a distance of	151765
35.43 feet;	151766

South 6 degrees 22 minutes 58 seconds West a distance of	151767
41.21 feet;	151768

South 51 degrees 22 minutes 58 seconds West a distance of	151769
568.72 feet;	151770

On a curve to the left having a radius of 300.00 feet, an	151771
interior angle of 20 degrees 37 minutes 27 seconds, an arc length	151772
of 107.99 feet, a chord bearing of South 79 degrees 07 minutes 37	151773
seconds West for a chord length of 107.41 feet;	151774

North 51 degrees 22 minutes 58 seconds East a distance of	151775
643.06 feet;	151776

North 6 degrees 22 minutes 57 seconds East a distance of 1.22	151777
feet;	151778

North 35 degrees 47 minutes 10 seconds West a distance of	151779
14.58 feet to a point on the southerly line of said Schwallie and	151780
on the northerly line of said State of Ohio;	151781

Thence with the southerly line of said Schwallie and on the	151782
northerly line of said State of Ohio North 52 degrees 24 minutes	151783
43 seconds East a distance of 50.02 feet to the place of beginning	151784
and CONTAINING 0.740 Acres.	151785

This description was prepared by Christopher S. Renshaw,	151786
P.S., Ohio Registration No. 8319 on 16 October 2009.	151787

III	151788

Starting at a 5/8" iron pin found on the southerly	151789
right-of-way line of Outer Drive, the northeasterly corner of	151790
Edward and Eva K. Farnbach and Michael S. Pfeffer, Trustee at the	151791
northwesterly corner of L.J. Germann's Addition as recorded in	151792
Plat Book C-3, page 204, slide 213 in the Brown County, Ohio	151793
Recorder's Office;	151794

Thence with the southerly right-of-way line of said Outer	151795
Drive and with the northerly line of said Farnbach and Pfeffer for	151796
the next four (4) courses:	151797

South 63 degrees 34 minutes 18 seconds West a distance of	151798
24.20 feet;	151799

South 79 degrees 33 minutes 23 seconds West a distance of	151800
92.60 feet;	151801

South 75 degrees 58 minutes 20 seconds West a distance of	151802
347.02 feet;	151803

South 84 degrees 53 minutes 30 seconds West a distance of	151804
10.54 feet;	151805

Thence with a line through the land of said Farnbach and	151806
Pfeffer for the next two (2) courses:	151807

South 21 degrees 11 minutes 23 seconds West a distance of	151808
43.58 feet;	151809

South 0 degrees 25 minutes 20 seconds West a distance of	151810
586.49 feet to a point on the southerly line of said Farnbach	151811
Pfeffer and on the northerly line of Michael Ray Schwallie;	151812

Thence with a line through the land of said Schwallie for the	151813
next two (2) courses:	151814

South 0 degrees 25 minutes 20 seconds West a distance of	151815
227.62 feet;	151816

South 35 degrees 47 minutes 10 seconds East a distance of	151817
523.46 feet to a point on the southerly line of said Schwallie and	151818
on the northerly line of the State of Ohio and the true point of	151819
beginning, said beginning point being on the easterly line of said	151820
real estate;	151821

Thence from said the true point of beginning and with a line	151822
through the land of said State of Ohio seven (7) courses:	151823

South 35 degrees 47 minutes 10 seconds East a distance of	151824
29.17 feet;	151825

South 6 degrees 22 minutes 58 seconds West a distance of	151826
29.21 feet;	151827

South 51 degrees 22 minutes 58 seconds West a distance of	151828
583.46 feet;	151829

On a curve to the left having a radius of 300.00 feet, an	151830
interior angle of 7 degrees 49 minutes 53 seconds, an arc length	151831
of 41.01 feet, a chord bearing of South 80 degrees 35 minutes 59	151832
seconds West for a chord length of 40.97 feet;	151833

North 51 degrees 22 minutes 58 seconds East a distance of	151834
610.94 feet;	151835

North 6 degrees 22 minutes 58 seconds East a distance of	151836
13.22 feet;	151837

North 35 degrees 47 minutes 10 seconds West a distance of	151838
20.83 feet to a point on the southerly line of said Schwallie and	151839
on the northerly line of said State of Ohio;	151840

Thence with the southerly line of said Schwallie and on the	151841
northerly line of said State of Ohio North 52 degrees 24 minutes	151842
43 seconds East a distance of 20.01 feet to the place of beginning	151843
and CONTAINING 0.295 Acres.	151844

This description was prepared by Christopher S. Renshaw,	151845
P.S., Ohio Registration No. 8319 on 16 October 2009.	151846

IV	151847

Starting at a spike found in the centerline of U.S. Route No.	151848
52, 62 & 68, at the southeasterly corner of Surgical Appliance	151849
Industries, Inc.'s 2.00 Acre tract as recorded in Deed Book 164,	151850
page 778 in the Brown County, Ohio Recorder's Office;	151851

Thence with the line of said Surgical Appliance Industries,	151852
Inc. South 52 degrees 38 minutes 52 seconds West a distance of	151853
80.00 feet to a point on the on the southerly right-of-way line of	151854
said U.S. Route No. 52, 62 & 68;	151855

Thence with the southerly right-of-way line of said U.S.	151856
Route No. 52, 62 & 68 South 36 degrees 23 minutes 01 seconds East	151857
a distance of 19.72 feet to the true point of beginning;	151858

South 52 degrees 41 minutes 03 seconds West a distance of	151859
260.37 feet;	151860

South 49 degrees 59 minutes 41 seconds West a distance of	151861
179.65 feet;	151862

On a curve to the left having a radius of 200.00 feet, an	151863
interior angle of 43 degrees 45 minutes 50 seconds, an arc length	151864
of 152.76 feet, a chord bearing of South 28 degrees 06 minutes 46	151865
seconds West for a chord length of 149.08 feet;	151866

South 6 degrees 13 minutes 51 seconds West a distance of	151867
204.40 feet;	151868

On a curve to the left having a radius of 100.00 feet, an	151869
interior angle of 44 degrees 44 minutes 55 seconds, an arc length	151870
of 78.10 feet, a chord bearing of South 16 degrees 08 minutes 36	151871
seconds East for a chord length of 76.13 feet;	151872

South 38 degrees 31 minutes 04 seconds East a distance of	151873
266.21 feet;	151874

On a curve to the left having a radius of 50.00 feet, an	151875
interior angle of 53 degrees 35 minutes 34 seconds, an arc length	151876
of 46.77 feet, a chord bearing of South 65 degrees 18 minutes 51	151877
seconds East for a chord length of 45.08 feet;	151878

North 87 degrees 53 minutes 23 seconds East a distance of	151879
6.15 feet;	151880

On a curve to the right having a radius of 12.50 feet, an	151881
interior angle of 143 degrees 13 minutes 01 seconds, an arc length	151882
of 31.25 feet, a chord bearing of South 20 degrees 30 minutes 07	151883
seconds East for a chord length of 23.72;	151884

South 51 degrees 40 minutes 10 seconds West a distance of	151885
345.58 feet;	151886

On a curve to the left having a radius of 125.00 feet, an	151887
interior angle of 43 degrees 33 minutes 25 seconds, an arc length	151888
of 95.03 feet, a chord bearing of South 29 degrees 53 minutes 28	151889
seconds West for a chord length of 92.75 feet;	151890

South 8 degrees 06 minutes 45 seconds West a distance of	151891
65.53 feet;	151892

On a curve to the right have a radius of 63.00 feet, an	151893
interior angle of 91 degrees 48 minutes 38 seconds, an arc length	151894
of 100.95 feet, a chord bearing of South 54 degrees 01 minutes 04	151895
seconds West for a chord length of 90.49 feet;	151896

North 80 degrees 04 minutes 37 seconds West a distance of	151897
579.25 feet;	151898

On a curve to the right having a radius of 150.00 feet, an	151899
interior angle of 26 degrees 20 minutes 16 seconds, an arc length	151900
of 68.95 feet, a chord bearing of North 66 degrees 54 minutes 29	151901
seconds West for a chord length of 68.35 feet;	151902

North 53 degrees 44 minutes 21 seconds West a distance of	151903
229.52 feet;	151904

North 46 degrees 10 minutes 36 seconds West a distance of	151905
25.00 feet;	151906

North 52 degrees 49 minutes 16 seconds West a distance of	151907
55.12 feet;	151908

On a curve to the left having a radius of 205.00 feet, an	151909
interior angle of 75 degrees 47 minutes 45 seconds, an arc length	151910
of 271.19 feet, a chord bearing of South 89 degrees 16 minutes 52	151911
seconds West for a chord length of 251.85 feet;	151912

South 51 degrees 22 minutes 58 seconds West a distance of	151913
139.29 feet;	151914

On a curve to the left having a radius of 55.00 feet, an	151915
interior angle of 105 degrees 02 minutes 01 seconds, an arc length	151916
of 100.83 feet, a chord bearing of South 01 degrees 08 minutes 03	151917
seconds East for a chord length of 87.29 feet;	151918

South 53 degrees 39 minutes 03 seconds East a distance of	151919
447.62 feet;	151920

North 53 degrees 39 minutes 03 seconds West a distance of	151921
447.62 feet;	151922

On a curve to the right having a radius of 55.00 feet, an	151923
interior angle of 105 degrees 02 minutes 01 seconds, an arc length	151924
of 100.83 feet, a chord bearing of North 01 degrees 08 minutes 03	151925
seconds West for a chord length of 87.29 feet;	151926

North 51 degrees 22 minutes 58 seconds East a distance of	151927
139.29 feet;	151928

On a curve to the right having a radius of 205.00 feet, an	151929
interior angle of 75 degrees 47 minutes 45 seconds, an arc length	151930
of 271.19 feet, a chord bearing of North 89 degrees 16 minutes 52	151931
seconds East for a chord length of 251.85 feet;	151932

South 52 degrees 49 minutes 16 seconds East a distance of	151933
55.12 feet;	151934

South 46 degrees 10 minutes 36 seconds East a distance of	151935
25.00 feet;	151936

South 53 degrees 44 minutes 21 seconds East a distance of	151937
229.52 feet;	151938

On a curve to the left having a radius of 150.00 feet, an	151939
interior angle of 26 degrees 20 minutes 16 seconds, an arc length	151940
of 68.95 feet, a chord bearing of South 66 degrees 54 minutes 29	151941
seconds East for a chord length of 68.35 feet;	151942

South 80 degrees 04 minutes 37 seconds East a distance of	151943
579.25 feet;	151944

On a curve to the left having a radius of 63.00 feet, an	151945
interior angle of 91 degrees 48 minutes 38 seconds, an arc length	151946
of 100.95 feet, a chord bearing of North 54 degrees 01 minutes 04	151947
seconds East for a chord length of 90.49 feet;	151948

North 8 degrees 06 minutes 45 seconds East a distance of	151949
65.53 feet;	151950

On a curve to the right having a radius of 125.00 feet, an	151951
interior angle of 43 degrees 33 minutes 25 seconds, an arc length	151952
of 95.03 feet, a chord bearing of North 29 degrees 53 minutes 28	151953
seconds East for a chord length of 92.75 feet;	151954

North 51 degrees 40 minutes 10 seconds East a distance of	151955
345.58 feet;	151956

North 51 degrees 06 minutes 24 seconds East a distance of	151957
242.53 feet;	151958

On a curve to the left having a radius of 75.00 feet, an	151959
interior angle of 89 degrees 40 minutes 16 seconds, an arc length	151960
of 117.38 feet, a chord bearing of North 06 degrees 16 minutes 16	151961
seconds East for a chord length of 105.76 feet;	151962

North 38 degrees 33 minutes 52 seconds West a distance of	151963
100.75 feet;	151964

North 53 degrees 36 minutes 14 seconds East a distance of	151965
396.32 feet.	151966

This description was prepared by Christopher S. Renshaw,	151967
P.S., Ohio Registration No. 8319 on 16 October 2009.	151968

(B) Consideration for conveyance of the real estate is the	151969
mutual benefit accruing to the state and the Ripley Union Lewis	151970
Huntington School District from the use of the real estate so that	151971
a water well may be constructed and operated.	151972

(C) The Ripley Union Lewis Huntington School District shall	151973
use the real estate to construct and operate a water well. If the	151974
Ripley Union Lewis Huntington School District ceases to use the	151975
real estate to construct and operate a water well, all right,	151976
title, and interest in the real estate immediately reverts to the	151977
state without the need for any further action by the state.	151978

(D) The Ripley Union Lewis Huntington School District shall	151979
pay the costs of the conveyance.	151980

(E) Within thirty days after the effective date of this	151981
section, the Auditor of State, with the assistance of the Attorney	151982
General, shall prepare a deed to the real estate. The deed shall	151983
state the consideration and the condition. The deed shall be	151984
executed by the Governor in the name of the state, countersigned	151985
by the Secretary of State, sealed with the Great Seal of the	151986
State, presented in the office of the Auditor of State for	151987
recording, and delivered to the Ripley Union Lewis Huntington	151988
School District. The Ripley Union Lewis Huntington School District	151989
shall present the deed for recording in the office of the Brown	151990
County Recorder.	151991

(F) This section expires one year after its effective date.

151992

Section 753.23. (A) The Governor is authorized to execute a	151993
deed in the name of the state (Kent State University) conveying to	151994
the Board of Township Trustees of Jackson Township in Stark County	151995
and its successors and assigns all of the state's right, title,	151996
and interest in the following described real estate:	151997

Known as and being a part of the Southeast and Southwest	151998
Quarters of Section 13, Township 11 (Jackson) R-9, County of	151999
Stark, State of Ohio. Also being a part of tracts of land conveyed	152000
to the state of Ohio as recorded in Deed Volume 3109, Page 573 of	152001
the records of Stark County and being more fully bounded and	152002
described as follows:	152003

Commencing at a hex head iron bar in a monument box (JAC	152004
080), being the southeast corner of said Southwest Quarter of	152005
Section 13 and also being an angle point on the centerline of	152006
Dressler Road (C.R. 224) (Variable Width) as recorded in file 106	152007
of the Stark County Engineers Office;	152008

Thence, along the centerline of Dressler Road, N 1803'31" E a	152009
distance of 223.09 feet to the True Place of beginning for the	152010
parcel herein described;	152011

1. Thence N 56°56'23" W a distance of 241.46 feet to a 5/8"	152012
rebar set, said line passes over a 5/8" rebar set at 41.41 feet;	152013

2. Thence N 01°44'30" W a distance of 230.40 feet to a 5/8"	152014
rebar set;	152015

3. Thence N 67°27'21" E a distance of 150.00 feet to a 5/8"	152016
rebar set;	152017

4. Thence S 63°25'06" E a distance of 199.60 feet to a point	152018
in the centerline of Dressler Road, said line passes over a 5/8"	152019
rebar set at 159.15 feet;	152020

5. Thence, along the centerline of Dressler Road, S 18°03'31"	152021
W a distance of 347.32 feet to the true place of beginning and	152022
containing 2.025 acres of land, more or less of which 0.970 acres	152023
are located in the Southeast Quarter of Section 13 and 1.055 acres	152024
are located in the Southwest Quarter of Section 13.	152025

The above described area is contained within the Stark County	152026
Auditor's Permanent Parcel Numbers 1680061 and 1680066.	152027

The basis of bearings in this description is based on the	152028
Ohio North Zone, State Plane Coordinates NAD 83 (86).	152029

The statement of "5/8" rebar Set" refers to a 5/8" x 30" Dia.	152030
Rebar set with a plastic i.d. cap stamped "SCE".	152031

This description was prepared and reviewed by Daniel J.	152032
Houck, Professional Surveyor No. 7851 in March of 2010, of the	152033
Stark County Engineer's Office. This description is based on a	152034
survey made by the Stark County Engineer's Office in March of	152035
2010, under the direction and supervision of Keith A. Bennett,	152036
Professional Surveyor No. 7615. (Attachment A)	152037

(B) Consideration for conveyance of the real estate is the	152038
mutual benefit accruing to the state from Jackson Township's use	152039
of the real estate for a fire station.	152040

(C) If the use of the real estate as a fire station is	152041
discontinued, the real estate reverts to Kent State University,	152042
and Jackson Township shall raze the building currently on the real	152043
estate and remove from the real estate any contaminants relating	152044
to the building's use as a fire station.	152045

(D) The Board of Township Trustees of Jackson Township in	152046
Stark County shall pay the costs of the conveyance.	152047

(E) The Auditor of State, with the assistance of the Attorney	152048
General, shall prepare a deed to the real estate. The deed shall	152049
state the consideration and the reverter. The deed shall be	152050
executed by the Governor in the name of the state, countersigned	152051
by the Secretary of State, sealed with the Great Seal of the	152052
State, presented in the Office of the Auditor of State for	152053
recording, and delivered to the Board of Township Trustees of	152054
Jackson Township in Stark County. The Board of Township Trustees	152055
of Jackson Township in Stark County shall present the deed for	152056
recording in the Office of the Stark County Recorder.	152057

(F) This section expires one year after its effective date.

152058

Section 753.25. (A) The Governor is authorized to execute a	152059
deed in the name of the state conveying to the Board of County	152060
Hospital Trustees of The MetroHealth System ("MetroHealth"), in	152061
the name of the County of Cuyahoga, State of Ohio, its successors	152062
and assigns, all of the state's right, title, and interest in the	152063
following listed parcels of real estate located in the County of	152064
Cuyahoga, State of Ohio: 00821- 008, 00821-009, 00821-010,	152065
00821-011, 00821-012, 00821-013, 00821-014, 00821-015, 00821-016,	152066
and 00821-017.	152067

In preparing the deed, the Auditor of State, with the	152068
assistance of the Attorney General, shall develop a legal	152069
description of the real estate in conformity with the actual	152070
bounds of the real estate.	152071

(B) Consideration for conveyance of the real estate shall be	152072
ten dollars.	152073

(C) The state shall convey the real estate described in	152074
division (A) of this section together with the building situated	152075
upon it, along with the amount of $3,400,000 to demolish the	152076
building. Notwithstanding any provision of law to the contrary,	152077
the Director of Mental Health shall disburse $3,400,000 from	152078
appropriation item C58010, Campus Consolidation, as set forth in	152079
Sub. H.B. 462 of the 128th General Assembly, to the grantee within	152080
thirty days after the conveyance of the real estate. After the	152081
disbursement, the state shall, within four months, complete a	152082
physical inventory of assets, relocate assets that are to be	152083
removed from the building, and itemize assets that are to remain	152084
with the transferred real estate and building.	152085

(D) The real estate described in division (A) of this section	152086
shall be sold as an entire tract and not in parcels.	152087

(E) The grantee shall pay all costs associated with the	152088
purchase and conveyance of the real estate, including costs of any	152089
surveys and recordation costs of the deed.	152090

(F) The grantee shall not, during any period that any bonds	152091
issued by the state to finance or refinance all or a portion of	152092
the real estate described in division (A) of this section are	152093
outstanding, use any portion of the real estate for a private	152094
business use without the prior written consent of the state. As	152095
used in this division:	152096

(1) "Private business use" means use, directly or indirectly,	152097
in a trade or business carried on by any private person other than	152098
use as a member of, and on the same basis as, the general public.	152099
Any activity carried on by a private person who is not a natural	152100
person shall be presumed to be a trade or business.	152101

(2) "Private person" means any natural person or any	152102
artificial person, including a corporation, partnership, limited	152103
liability company, trust, or other entity and including the United	152104
States or any agency or instrumentality of the United States, but	152105
excluding any state, territory, or possession of the United	152106
States, the District of Columbia, or any political subdivision	152107
thereof that is referred to as a "state or local governmental	152108
unit" in Treasury Regulation 1.103-1(a) and any person that is	152109
acting solely and directly as an officer or employee of or on	152110
behalf of such a governmental unit.	152111

(G) The grantee shall not sell, convey, or transfer ownership	152112
of the real estate described in division (A) of this section	152113
before December 1, 2019, or before receiving written confirmation	152114
from the state that all of the state's bonded capital indebtedness	152115
associated with any of the buildings located on the real estate	152116
has been fully satisfied.	152117

(H) The Auditor of State, with the assistance of the Attorney	152118
General, shall prepare a deed to the real estate. The deed shall	152119
state the consideration and the conditions and restrictions and	152120
shall be executed by the Governor in the name of the state,	152121
countersigned by the Secretary of State, sealed with the Great	152122
Seal of the State, presented in the Office of the Auditor of State	152123
for recording, and delivered to the grantee. The grantee shall	152124
present the deed for recording in the Office of the Cuyahoga	152125
County Recorder.	152126

(I) This section expires one year after its effective date.

152127

Section 753.27. (A) The Governor is authorized to execute a	152128
deed in the name of the state, on behalf of Cleveland State	152129
University, conveying to a purchaser as yet to be determined	152130
(hereinafter the "grantee"), its heirs and assigns or its	152131
successors and assigns, all of the state's right, title, and	152132
interest in the real estate located at 21425 Shelburne Road, City	152133
of Shaker Heights, County of Cuyahoga, State of Ohio, such real	152134
estate consisting of the building formerly used as the residence	152135
for the President of Cleveland State University, and the land on	152136
which it is situated.	152137

(B) In preparing the deed, the Auditor of State, with the	152138
assistance of the Attorney General, shall develop a legal	152139
description of the real estate in conformity with the actual	152140
bounds of the real estate.	152141

(C) Consideration for conveyance of the real estate shall be	152142
as is agreed upon by Cleveland State University and the grantee.	152143

(D) The deed may contain any condition or restriction that	152144
the Governor or Cleveland State University determines is	152145
reasonably necessary to protect the state's interests.	152146

(E) The grantee shall pay all costs associated with the	152147
conveyance, including recordation costs of the deed.	152148

(F) Upon payment of the purchase price, the Auditor of State,	152149
with the assistance of the Attorney General, shall prepare a deed	152150
to the real estate. The deed shall state the consideration and any	152151
conditions or restrictions and shall be executed by the Governor	152152
in the name of the state, countersigned by the Secretary of State,	152153
sealed with the Great Seal of the State, presented in the Office	152154
of the Auditor of State for recording, and delivered to the	152155
grantee. The grantee shall present the deed for recording in the	152156
Office of the Cuyahoga County Recorder.	152157

(G) This section expires one year after its effective date.

152158

Section 753.30. (A) The Governor is authorized to execute a	152159
deed in the name of the state conveying to a buyer or buyers to be	152160
determined in the manner provided in division (B) of this section	152161
all of the state's right, title, and interest in real estate	152162
situated in the Township of Green, County of Scioto, and State of	152163
Ohio that the Director of Administrative Services determines is no	152164
longer required for state purposes and more particularly described	152165
as follows:	152166

Being part of French Grant Lots 15 and 16 and being part of	152167
Site No. 5 and part of Site No. 6 of the Greater Portsmouth Area	152168
Industrial Park Subdivision and being part of the Greater	152169
Portsmouth Growth Corporation parcel as recorded in Volume 658 at	152170
Page 489 among the land records of Scioto County, Ohio, and	152171
beginning at a 1" diameter iron pipe with cap set in the east	152172
right-of-way line of Old U.S. 52 County Road No. 1, said point	152173
being, North 10° 49' 47" West, 391.16 feet from a concrete	152174
monument found marking the northwest corner of the Ohio Power	152175
Company parcel as recorded in Volume 719 at Page 227 among the	152176
said land records of Scioto County, Ohio;	152177

Thence with the said east right-of-way line of Old U.S. 52	152178
County Road No. 1, North 10° 49' 47" West 810.88 feet to a 1"	152179
diameter iron pipe with cap set;	152180

Thence through the said Greater Portsmouth Growth Corporation	152181
parcel, North 66°38' 51" East, 1039.14 feet to a 1" diameter iron	152182
pipe with cap set in the west right-of-way line of the Norfolk &	152183
Southern Railroad;	152184

Thence with the said west right-of-way line of the Norfolk &	152185
Southern Railroad, South 29° 36' 10" East, passing a 1" diameter	152186
iron pipe with cap set at 1414.00 feet, a total distance of	152187
1415.00 feet to a 30" diameter oak marking the northeast corner of	152188
Plymouth Heights No. 1 as recorded in Plat Book 4 at Page 6 among	152189
the said land records of Scioto County, Ohio;	152190

Thence with the north line of the said Plymouth Heights No.	152191
1, South 66° 38' 51" West, passing a 1" diameter iron pipe with	152192
cap set at 3.00 feet, a total distance of 1170.02 feet to a 1"	152193
diameter iron pipe with cap set marking the southeast corner of	152194
the said Ohio Power Company parcel;	152195

Thence with the east line of the said Ohio Power Company	152196
parcel and through the said Greater Portsmouth Growth Corporation	152197
parcel, North 23° 21' 09" West, passing the northeast corner of	152198
the said Ohio Power Company parcel at 233.14 feet, a total	152199
distance of 615.00 feet to a 1" diameter iron pipe with cap set;	152200

Thence continuing through the said Greater Portsmouth Growth	152201
Corporation parcel, South 66° 38' 51" West, 199.00 feet to the	152202
point of beginning. Containing a total of 37.312 acres of land of	152203
which 27.628 acres lies within Site No, 5 of the said Greater	152204
Portsmouth Area Industrial Park Subdivision and 9.684 acres lies	152205
within Site No. 6 of said Greater Portsmouth Area Industrial Park	152206
Subdivision.	152207

Subject to all legal easements.

152208

Bearings oriented to State Plane Coordinates.

152209

Excepting from the above described 37.312 acre parcel the	152210
following 1.148 acre City of Portsmouth parcel.	152211

Situate in the Township of Green, County of Scioto, State of	152212
Ohio, and being a part of a 37.312 acre parcel of land conveyed to	152213
the State of Ohio, by and through the Department of Administrative	152214
Services for the use of the Department of Youth Services, by deed	152215
of record in Deed Book 875, Page 128, this and all subsequent deed	152216
and plat references made being to the records of the Recorder's	152217
Office, Scioto County, Ohio, and being more particularly described	152218
as follows:	152219

Beginning at an iron pin called for and found at the	152220
southerly corner of the aforementioned 37.312 acre parcel, said	152221
iron pin also being the easterly corner of a parcel of land	152222
conveyed to the Ohio Power Company in Deed Book 719, Page 227, and	152223
said iron pin in the northerly line of the Plymouth Heights No. I	152224
Subdivision, of record in Plat Book 4, Page 6, being the true	152225
point of beginning of the proposed water storage, tank site being	152226
described;	152227

Thence, North 23º 21' 09" West, with the westerly line of the	152228
said 37.312 acre parcel, and the easterly line of the Ohio Power	152229
Company, and the easterly line of a 2.116 acre parcel conveyed to	152230
Mike Holtzapfel in Deed Book 905, Page 244, a distance of 258.14	152231
feet to an iron pin set, passing a concrete monument called for	152232
but not found at the northeasterly corner of the Ohio Power	152233
Company, and the southeasterly corner of Holtzapfel, at 233.14	152234
feet;	152235

Thence, North 66° 38' 51"East, leaving the said westerly	152236
line, a distance of 193.69 feet to an iron pin set;	152237

Thence, South 23° 21' 09" East a distance of 258.14 feet to	152238
an iron pin set in the southerly line of the said 37.312 acre	152239
parcel, and the northerly line of the Plymouth Heights No. 1	152240
Subdivision;	152241

Thence, South 66° 38' 51" West, with the southerly line of	152242
the said 37.312 acre parcel, and the northerly line of said	152243
Plymouth Heights No. 1, a distance of 193.69 feet to the true	152244
point of beginningof the parcel being described. The parcel, as	152245
described above,contains 1.148 acres, more or less, of which the	152246
southerly fifty feet, or 0.222 acres is an Ohio Power Company	152247
easement, of record inDeed Book 719, Page 229.	152248

Iron pins set are five eighthsinch diameter rebar, thirty	152249
inches long, set flush to the surface with yellow identification	152250
caps. The basis for bearing isthe southerly line of the said	152251
37.312 acre parcel, which bearsSouth 66' 38' 51"West.	152252

The abovedescription was prepared by Roger M.Smith, P.S.,	152253
P.E., Ohio Registered Surveyor, S-6899.	152254

This description may be modified to a final form if	152255
modifications are needed.	152256

The real property described above is conveyed subject to all	152257
easements, covenants, conditions, and restrictions of record; all	152258
legal highways; zoning, building and other laws, ordinances, and	152259
regulations; and real estate taxes and assessments not yet due and	152260
payable.	152261

(B)(1) The Director of Administrative Services shall offer	152262
the real estate, improvements and chattels located on the parcel	152263
described in division (A) of this section for sale "as is" in its	152264
present condition according to the following process:	152265

The real estate described in division (A) of this section	152266
shall be sold as an entire parcel and not subdivided.	152267

The Director of Administrative Services shall conduct a	152268
sealed bid sale and the real estate shall be sold to the highest	152269
bidder at a price acceptable to both the Director of	152270
Administrative Services and the Director of Youth Services.	152271

(2) The contract for sale of the real estate described in	152272
division (A) of this section shall include a condition that	152273
requires the purchaser to provide preferential hiring treatment to	152274
employees or former employees of the Department of Youth Services	152275
in order to retain or rehire staff displaced as a result of the	152276
closure of the facility located on the property, to the extent the	152277
purchaser's use of the facility requires employees in the same or	152278
similar positions as those displaced as a result of the closure.	152279

The contract for sale also shall include a binding commitment	152280
that irrevocably grants to the state a right, upon the occurrence	152281
of any triggering event described in division (B)(2)(a) or (b) of	152282
this section and in accordance with the particular division, to	152283
repurchase the facility and the real property on which it is	152284
situated, any surrounding land that is to be transferred under the	152285
contract, or both the facility and real property on which it is	152286
situated plus the surrounding land that is to be transferred under	152287
the contract. The triggering events and the procedures for a	152288
repurchase under the irrevocable grant described in this division	152289
are as follows:	152290

(a) Before the purchaser, or the purchaser's successor in	152291
title, may resell or otherwise transfer the facility and the real	152292
property on which it is situated, any surrounding land that is to	152293
be transferred under the contract, or both the facility and real	152294
property on which it is situated plus the surrounding land that is	152295
to be transferred under the contract, the purchaser or successor	152296
first must offer the state the opportunity to repurchase the	152297
facility, real property, and surrounding land that is to be resold	152298
or transferred for a price not greater than the purchase price	152299
paid to the state for that facility, real property, or surrounding	152300
land, less depreciation from the time of the conveyance of that	152301
facility, real property, or surrounding land to the purchaser,	152302
plus the depreciated value of any capital improvements to that	152303
facility, real property, or surrounding land that were made to it	152304
and funded by anyone other than the state subsequent to the	152305
conveyance to the purchaser. The repurchase opportunity described	152306
in this division must be offered to the state at least one hundred	152307
twenty days before the purchaser intends to resell or otherwise	152308
transfer the facility, real property, or surrounding land that is	152309
to be resold or transferred. After being offered the repurchase	152310
opportunity, the state has the right to repurchase the facility,	152311
real property, and surrounding land that is to be resold or	152312
otherwise transferred for the price described in this division.	152313

(b) Upon the purchaser's default of any financial agreement	152314
for the purchase of the facility and the real property on which it	152315
is situated, any surrounding land that is to be transferred under	152316
the contract, or both the facility and real property on which it	152317
is situated plus the surrounding land that is to be transferred	152318
under the contract, upon the purchaser's default of any other term	152319
in the contract, or upon the purchaser's financial insolvency or	152320
inability to meet its contractual obligations, the state has the	152321
right to repurchase the facility and real property, the	152322
surrounding land, or both the facility and real property and the	152323
surrounding land, for a price not greater than the purchase price	152324
paid to the state for that facility, real property, or surrounding	152325
land, less depreciation from the time of the conveyance of that	152326
facility, real property, or surrounding land to the purchaser,	152327
plus the depreciated value of any capital improvements to that	152328
facility, real property, or surrounding land that were made to it	152329
and funded by anyone other than the state subsequent to the	152330
conveyance to the purchaser.	152331

(3) The Director of Administrative Services shall advertise	152332
the sealed bid sale in a newspaper of general circulation within	152333
Scioto County once a week for three consecutive weeks prior to the	152334
date of the sealed bid sale. The Director of Administrative	152335
Services may reject any and all bids from the sealed bid sale. The	152336
terms of sale shall be ten per cent of the purchase price in cash,	152337
bank draft, or certified check payable within five business days	152338
following written notification of the acceptance of the bid by the	152339
Director of Administrative Services, with the balance payable	152340
within sixty days after the date of the written notification of	152341
the acceptance of the bid by the Director of Administrative	152342
Services. A purchaser who does not complete the conditions of the	152343
sale as prescribed in this division shall forfeit the ten per cent	152344
of the purchase price paid to the state as liquidated damages.	152345
Should a purchaser not complete the conditions of sale as	152346
described in this division, the Director of Administrative	152347
Services is authorized to accept the next highest bid by	152348
collecting ten per cent of the revised purchase price from that	152349
bidder and to proceed to close the sale, provided that the	152350
secondary bid meets all other criteria provided for in this	152351
section. If the Director of Administrative Services rejects all	152352
bids from the sealed bid sale, the Director may repeat the sealed	152353
bid process described in this section or may use an alternate sale	152354
process acceptable to the Director of Youth Services.	152355

Advertising costs and any other costs incident to the sale of	152356
real estate described in division (A) of this section shall be	152357
paid by the Department of Youth Services.	152358

Upon notice from the Director of Administrative Services, the	152359
Auditor of State, with the assistance of the Attorney General,	152360
shall prepare a deed to the real estate to the purchaser	152361
identified by the Director of Administrative Services. The deed	152362
shall be executed by the Governor, countersigned by the Secretary	152363
of State, presented in the Office of the Auditor of State for	152364
recording, and delivered to the grantee at closing and upon the	152365
grantee's payment of the balance of the purchase price. The	152366
grantee shall present the deed for recording in the office of the	152367
Scioto County Recorder.	152368

The grantee shall pay all costs associated with the purchase	152369
and conveyance of the real estate, including the costs of	152370
recording the deed.	152371

The net proceeds of the conveyance of the real estate shall	152372
be deposited into the State Treasury to the credit of the Adult	152373
and Juvenile Correctional Facilities Bond Retirement Fund and	152374
shall be used to offset bond indebtedness for the Ohio River	152375
Valley Juvenile Correctional Facility capital projects. The	152376
Director of Budget and Management may direct that any moneys	152377
remaining in the fund after the redemption or defeasance of the	152378
bonds issued for those projects be transferred to the General	152379
Revenue Fund.	152380

152381

Section 755.10. The Director of Transportation may enter into	152382
agreements as provided in this section with the United States or	152383
any department or agency of the United States, including, but not	152384
limited to, the United States Army Corps of Engineers, the United	152385
States Forest Service, the United States Environmental Protection	152386
Agency, and the United States Fish and Wildlife Service. An	152387
agreement entered into pursuant to this section shall be solely	152388
for the purpose of dedicating staff to the expeditious and timely	152389
review of environmentally related documents submitted by the	152390
Director of Transportation, as necessary for the approval of	152391
federal permits. The agreements may include provisions for advance	152392
payment by the Director of Transportation for labor and all other	152393
identifiable costs of the United States or any department or	152394
agency of the United States providing the services, as may be	152395
estimated by the United States, or the department or agency of the	152396
United States. The Director shall submit a request to the	152397
Controlling Board indicating the amount of the agreement, the	152398
services to be performed by the United States or the department or	152399
agency of the United States, and the circumstances giving rise to	152400
the agreement.	152401

Section 757.10. ADJUSTMENT TO LOCAL GOVERNMENT DISTRIBUTIONS

152402

(A) On or before the tenth day of each month of the period	152403
beginning August 1, 2011, and ending June 30, 2013, the Tax	152404
Commissioner shall determine and certify to the Director of Budget	152405
and Management the amount to be credited during that month to the	152406
Local Government Fund and Public Library Fund pursuant to	152407
divisions (B) to (D) of this section.	152408

(B) Notwithstanding any provision of section 131.51 of the	152409
Revised Code to the contrary, for each month in the period	152410
beginning August 1, 2011, and ending June 30, 2013:	152411

(1) The amount credited first to the Local Government Fund	152412
shall be as provided in division (C) of this section;	152413

(2) The amount credited next to the Public Library Fund shall	152414
be according to the schedule in division (D) of this section.	152415

(C) Pursuant to division (B)(1) of this section, amounts	152416
shall be credited to the Local Government Fund as follows:	152417

(1)(a) In August 2011, seventy-five per cent of the amount	152418
credited in August 2010; in August 2012, fifty per cent of the	152419
amount credited in August 2010;	152420

(b) In September 2011, seventy-five per cent of the amount	152421
credited in September 2010; in September 2012, fifty per cent of	152422
the amount credited in September 2010;	152423

(c) In October 2011, seventy-five per cent of the amount	152424
credited in October 2010; in October 2012, fifty per cent of the	152425
amount credited in October 2010;	152426

(d) In November 2011, seventy-five per cent of the amount	152427
credited in November 2010; in November 2012, fifty per cent of the	152428
amount credited in November 2010;	152429

(e) In December 2011, seventy-five per cent of the amount	152430
credited in December 2010; in December 2012, fifty per cent of the	152431
amount credited in December 2010;	152432

(f) In January 2012, seventy-five per cent of the amount	152433
credited in January 2011; in January 2013, fifty per cent of the	152434
amount credited in January 2011;	152435

(g) In February 2012, seventy-five per cent of the amount	152436
credited in February 2011; in February 2013, fifty per cent of the	152437
amount credited in February 2011;	152438

(h) In March 2012, seventy-five per cent of the amount	152439
credited in March 2011; in March 2013, fifty per cent of the	152440
amount credited in March 2011;	152441

(i) In April 2012, seventy-five per cent of the amount	152442
credited in April 2011; in April 2013, fifty per cent of the	152443
amount credited in April 2011;	152444

(j) In May 2012, seventy-five per cent of the amount credited	152445
in May 2011; in May 2013, fifty per cent of the amount credited in	152446
May 2011;	152447

(k) In June 2012, seventy-five per cent of the amount	152448
credited in June 2011; in June 2013, fifty per cent of the amount	152449
credited in June 2011;	152450

(l) In July 2012, fifty per cent of the amount credited in	152451
July 2010.	152452

(2) For each month in the period beginning August 1, 2011,	152453
and ending June 30, 2013, an amount sufficient to make the	152454
distributions required for that month under divisions (E)(2)(a),	152455
(b), and (c) of this section.	152456

(3)(a) For each month in the period beginning August 1, 2011,	152457
and ending June 30, 2012, an amount equal to one-eleventh of the	152458
difference between fifty million dollars and the amount to be	152459
credited for that month under division (C)(4)(a) of this section;	152460

(b) For each month in the period beginning July 1, 2012, and	152461
ending June 30, 2013, an amount equal to one-twelfth of the	152462
difference between fifty million dollars and the amount to be	152463
credited for that month under division (C)(4)(a) of this section.	152464

(4) The amounts described in division (C)(3) of this section	152465
shall be credited each month from any of the taxes credited to the	152466
General Revenue Fund in the preceding month. The amounts described	152467
in divisions (C)(1) and (2) of this section shall be credited each	152468
month from the following sources of revenue:	152469

(a) Any of the taxes credited to the General Revenue Fund in	152470
the preceding month, in an amount equal to the difference between	152471
the amount to be credited for each month under division (C)(2) of	152472
this section and the sum of the following amounts:	152473

(i) The total amount that would be distributed to county	152474
undivided local government funds in that month under division	152475
(E)(2)(a) of this section if any county undivided local government	152476
fund that received a total distribution between five hundred	152477
thousand dollars and seven hundred fifty thousand dollars in	152478
fiscal year 2011 were not entitled to a distribution under that	152479
division;	152480

(ii) The total amount that would be distributed to county	152481
undivided local government funds in that month under divisions	152482
(E)(2)(b) or (c) of this section, as applicable, if those	152483
divisions applied to county undivided local government funds that	152484
received a total distribution between five hundred thousand	152485
dollars and seven hundred fifty thousand dollars in fiscal year	152486
2011 and if the amount to be distributed to a county undivided	152487
local government fund under that division equaled one-eleventh or	152488
one-twelfth of the difference between five hundred thousand	152489
dollars and the total amount to be allocated to the fund in fiscal	152490
year 2012 or 2013, as applicable.	152491

(b) Revenue arising from the personal income tax levied under	152492
Chapter 5747. of the Revised Code, in an amount equal to the total	152493
amount to be credited for each month under divisions (C)(1) and	152494
(2) of this section after subtraction of the amount credited from	152495
commercial activity tax revenue under division (C)(3)(a) of this	152496
section.	152497

(D) Pursuant to division (B)(2) of this section, amounts	152498
shall be credited from revenue arising from the kilowatt-hour tax	152499
and sales tax levied under section 5727.81 or 5739.02 of the	152500
Revised Code, respectively, to the Public Library Fund as follows:	152501

(1) In August 2011 and in August 2012, ninety-five per cent	152502
of the amount credited in August 2010;	152503

(2) In September 2011 and in September 2012, ninety-five per	152504
cent of the amount credited in September 2010;	152505

(3) In October 2011 and in October 2012, ninety-five per cent	152506
of the amount credited in October 2010;	152507

(4) In November 2011 and in November 2012, ninety-five per	152508
cent of the amount credited in November 2010;	152509

(5) In December 2011 and in December 2012, ninety-five per	152510
cent of the amount credited in December 2010;	152511

(6) In January 2012 and in January 2013, ninety-five per cent	152512
of the amount credited in January 2011;	152513

(7) In February 2012 and in February 2013, ninety-five per	152514
cent of the amount credited in February 2011;	152515

(8) In March 2012 and in March 2013, ninety-five per cent of	152516
the amount credited in March 2011;	152517

(9) In April 2012 and in April 2013, ninety-five per cent of	152518
the amount credited in April 2011;	152519

(10) In May 2012 and in May 2013, ninety-five per cent of the	152520
amount credited in May 2011;	152521

(11) In June 2012 and in June 2013, ninety-five per cent of	152522
the amount credited in June 2011;	152523

(12) In July 2012, ninety-five per cent of the amount	152524
credited in July 2010.	152525

(E) Notwithstanding any other provision of the Revised Code	152526
to the contrary, the total amount credited to the Local Government	152527
Fund in each month for the period beginning August 1, 2011, and	152528
ending June 30, 2013, shall be distributed by the tenth day of	152529
that month in the following manner:	152530

(1) The total amount credited to the Local Government Fund in	152531
each month pursuant to division (C)(1) of this section shall be	152532
distributed as follows:	152533

(a) Each county undivided local government fund shall receive	152534
a distribution from the Local Government Fund based on its	152535
proportionate share of the total amount received from the fund in	152536
that respective month in fiscal year 2011. As used in this	152537
section, "total amount received" does not include payments	152538
received in fiscal year 2011 under division (C) of section 5725.24	152539
of the Revised Code.	152540

(b) Each municipal corporation that received a direct	152541
distribution in fiscal year 2011 from the Local Government Fund	152542
under division (C) of section 5747.50 of the Revised Code shall	152543
receive a distribution based on its proportionate share of the	152544
total amount of direct distributions made to municipal	152545
corporations from the fund in that respective month in fiscal year	152546
2011.	152547

(2) The total amount credited to the Local Government Fund in	152548
each month pursuant to division (C)(2) of this section shall be	152549
distributed as follows:	152550

(a) If a county undivided local government fund's total	152551
distribution in fiscal year 2011 was equal to or less than seven	152552
hundred fifty thousand dollars, the fund shall receive a	152553
distribution equal to the difference between the amount	152554
distributed to the fund in that respective month in fiscal year	152555
2011 and the amount allocated to the fund for the month under	152556
division (E)(1)(a) of this section.	152557

(b) For each month in the period beginning August 1, 2011,	152558
and ending June 30, 2012, if a county undivided local government	152559
fund's total distribution in fiscal year 2011 exceeded seven	152560
hundred fifty thousand dollars and if the sum of the amount	152561
allocated to the fund in July 2011 and the amounts to be allocated	152562
to the fund between August 1, 2011, and June 30, 2012, under	152563
division (E)(1)(a) of this section is less than seven hundred	152564
fifty thousand dollars, the fund shall receive a distribution	152565
equal to one-eleventh of the difference between seven hundred	152566
fifty thousand dollars and that sum.	152567

(c) For each month in the period beginning July 1, 2012, and	152568
ending June 30, 2013, if a county undivided local government	152569
fund's total distribution in fiscal year 2011 exceeded seven	152570
hundred fifty thousand dollars and if the total amount to be	152571
allocated to the fund in fiscal year 2013 under division (E)(1)(a)	152572
of this section is less than seven hundred fifty thousand dollars,	152573
the fund shall receive a distribution equal to one-twelfth of the	152574
difference between seven hundred fifty thousand dollars and the	152575
total amount to be allocated to the fund in fiscal year 2013 under	152576
division (E)(1)(a) of this section.	152577

(3) The total amount credited to the Local Government Fund in	152578
each month pursuant to division (C)(3) of this section shall be	152579
distributed to each county undivided local government fund based	152580
on each fund's proportionate share of the total amount received	152581
from the Local Government Fund in that respective month in fiscal	152582
year 2011. As used in this section, "total amount received" does	152583
not include payments received in fiscal year 2011 under division	152584
(C) of section 5725.24 of the Revised Code.	152585

(F) Notwithstanding any other provision of the Revised Code	152586
to the contrary, by the tenth day of each month of the period	152587
beginning July 1, 2011, and ending December 31, 2011, each county	152588
undivided public library fund shall receive a distribution from	152589
the Public Library Fund equal to the product derived by	152590
multiplying the following amounts:	152591

(1) The total amount credited to the Public Library Fund in	152592
that month;	152593

(2) A percentage calculated by multiplying one hundred by the	152594
quotient obtained by dividing the sum of the county's	152595
distributions from the Public Library Fund during calendar year	152596
2010 by the sum of distributions made to all counties from the	152597
Public Library Fund during calendar year 2010.	152598

(G) Notwithstanding any other provision of the Revised Code	152599
to the contrary, by the tenth day of each month of the period	152600
beginning January 1, 2012, and ending June 30, 2013, each county	152601
undivided public library fund shall receive a distribution from	152602
the Public Library Fund equal to the product derived by	152603
multiplying the following amounts:	152604

(1) The total amount credited to the Public Library Fund in	152605
that month;	152606

(2) A percentage calculated by multiplying one hundred by the	152607
quotient obtained by dividing the sum of the county's	152608
distributions from the Public Library Fund during calendar year	152609
2011 by the sum of distributions made to all counties from the	152610
Public Library Fund during calendar year 2011.	152611

(H) For the 2012 and 2013 distribution years, the Tax	152612
Commissioner is not required to issue the certifications otherwise	152613
required by sections 5747.47, 5747.501, and 5747.51 of the Revised	152614
Code, but shall provide to each county auditor by July 20, 2011,	152615
and July 20, 2012, an estimate of the amounts to be received by	152616
the county in the ensuing year from the Public Library Fund and	152617
the Local Government Fund pursuant to this section and any other	152618
section of the Revised Code. The Tax Commissioner may report to	152619
each county auditor additional revised estimates of the 2011,	152620
2012, or 2013 distributions at any time during fiscal years 2012	152621
and 2013.	152622

Section 757.20. A school district, joint vocational school	152623
district, or local taxing unit may appeal a levy classification or	152624
any amount used in the calculation of total resources as defined	152625
under division (A) of section 5727.84 or division (A) of section	152626
5751.20 of the Revised Code. Such an appeal shall be filed in	152627
writing, including via electronic mail, with the Tax Commissioner.	152628
Upon receiving such an appeal, the Tax Commissioner shall make a	152629
determination of the merits of the appeal and, if the appeal is	152630
upheld, make necessary changes within the classifications or	152631
calculations. The determination of the Tax Commissioner is final	152632
and not subject to appeal. After June 30, 2013, no changes shall	152633
be made in the classifications or calculations.	152634

Section 757.30. The Tax Commissioner shall conduct a review	152635
of the operations of the Board of Tax Appeals, and, not later than	152636
November 15, 2011, shall submit a written report to the Governor,	152637
Speaker of the House of Representatives, and President of the	152638
Senate providing an assessment of the Board's operations and	152639
recommendations for improvement. The Tax Commissioner's review	152640
shall include consultation with persons who have participated in	152641
or have had matters before the Board and are familiar with the	152642
Board's operations and procedures. The report shall include	152643
recommendations for improving the appeals process, internal	152644
operations, and other operational matters the Commissioner deems	152645
advisable. The Commissioner may designate an employee of the	152646
Department of Taxation to conduct the review.	152647

Section 757.40. (A) As used in this section:

152648

(1) "Qualifying delinquent taxes" means any tax levied under	152649
Chapters 5731., 5733., 5735., 5739., 5743., 5747., 5748., and	152650
5751. of the Revised Code, including the taxes levied under	152651
sections 5707.03, 5727.24, 5733.41, and 5747.41 of the Revised	152652
Code, taxes required to be withheld under Chapters 5747. and 5748.	152653
of the Revised Code, and taxes required to be paid by a seller	152654
levied under Chapter 5741. of the Revised Code, which were due and	152655
payable from any person as of May 1, 2011, were unreported or	152656
underreported, and remain unpaid.	152657

(2) "Qualifying delinquent taxes" does not include any tax	152658
for which a notice of assessment or audit has been issued, for	152659
which a bill has been issued, which relates to a tax period that	152660
ends after the effective date of this section, or for which an	152661
audit has been conducted or is currently being conducted.	152662

(3) "Seller" has the same meaning as defined in section	152663
5741.01 of the Revised Code.	152664

(B) The Tax Commissioner shall establish and administer a tax	152665
amnesty program with respect to qualifying delinquent taxes. The	152666
program shall commence on May 1, 2012, and shall conclude on June	152667
15, 2012. The Tax Commissioner shall issue forms and instructions	152668
and take other actions necessary to implement the program. The Tax	152669
Commissioner shall publicize the program so as to maximize public	152670
awareness and participation in the program. The Commissioner may	152671
contract with such parties as the Commissioner deems necessary for	152672
promotion, computer support, or administration of the program.	152673

(C) During the program, if a person pays the full amount of	152674
qualifying delinquent taxes owed by that person and one-half of	152675
any interest that has accrued as a result of the person failing to	152676
pay those taxes in a timely fashion, the Tax Commissioner shall	152677
waive or abate all applicable penalties and one-half of any	152678
interest that accrued on the qualifying delinquent taxes.	152679

(D) The Tax Commissioner may require a person participating	152680
in the program to file returns or reports, including amended	152681
returns and reports, in connection with the person's payment of	152682
qualifying delinquent taxes.	152683

(E) A person who participates in the program and pays in full	152684
any outstanding qualifying delinquent tax and the interest payable	152685
on such tax in accordance with this section shall not be subject	152686
to any criminal prosecution or any civil action with respect to	152687
that tax, and no assessment shall thereafter be issued against	152688
that person with respect to that tax.	152689

(F) Taxes and interest collected under the program shall be	152690
credited to the General Revenue Fund, except that:	152691

(1) Qualifying delinquent taxes levied under section	152692
5739.021, 5739.023, or 5739.026 of the Revised Code shall be	152693
distributed to the appropriate counties and transit authorities in	152694
accordance with section 5739.21 of the Revised Code during the	152695
next distribution required under that section;	152696

(2) Qualifying delinquent taxes levied under section	152697
5741.021, 5741.022, or 5741.023 of the Revised Code shall be	152698
distributed to the appropriate counties and transit authorities in	152699
accordance with section 5741.03 of the Revised Code during the	152700
next distribution required under that section;	152701

(3) Qualifying delinquent taxes levied under Chapter 5748. of	152702
the Revised Code shall be credited to the school district income	152703
tax fund and then paid to the appropriate school district with the	152704
next payment required under division (D) of section 5747.03 of the	152705
Revised Code;	152706

(4) Qualifying delinquent taxes levied under Chapter 5731. of	152707
the Revised Code shall be divided between the General Revenue Fund	152708
and the municipal corporation or township in which the tax	152709
originates in accordance with section 5731.48 of the Revised Code;	152710

(5) Qualifying delinquent taxes levied under Chapter 5735. of	152711
the Revised Code shall be distributed according to the	152712
requirements of sections 5735.23, 5735.26, 5735.27, 5735.291, and	152713
5735.30 of the Revised Code; and	152714

(6) Qualifying delinquent taxes levied under section	152715
5743.021, 5743.024, 5743.026, 5743.321, 5743.323, or 5743.324 of	152716
the Revised Code shall be distributed as required under sections	152717
5743.021, 5743.024, and 5743.026 of the Revised Code.	152718

Section 757.41. Section 757.40 of this act is hereby	152719
repealed, effective June 16, 2012. The repeal of Section 757.40 of	152720
this act does not affect, after the effective date of the repeal,	152721
the rights, remedies, or actions authorized under that section.	152722

Section 757.42. (A) For the purposes of this section:

152723

(1) "Use tax" means a tax levied under Chapter 5741. of the	152724
Revised Code.	152725

(2) "Consumer" has the same meaning as defined in section	152726
5741.01 of the Revised Code.	152727

(3) "Audit" has the same meaning as defined in section	152728
5703.50 of the Revised Code.	152729

(B) The Tax Commissioner shall establish and administer a use	152730
tax amnesty program independently from the amnesty program	152731
established in Section 757.40 of this act with respect to	152732
delinquent use taxes that are qualifying delinquent taxes under	152733
that section. The program established under this section shall	152734
commence on the effective date of this section and shall conclude	152735
on May 1, 2013. The Commissioner shall issue forms and	152736
instructions and take other actions necessary to implement the	152737
program and may adopt rules to administer the program. The	152738
Commissioner may contract with such parties as the Commissioner	152739
deems necessary for promotion, computer support, or administration	152740
of the program.	152741

(C) If, during the program, a consumer pays the full amount	152742
of use tax for which the consumer has outstanding liability on or	152743
after January 1, 2010, that has accrued as a result of the	152744
consumer failing to pay those taxes in a timely fashion or a	152745
failure of the taxes to be remitted in a timely fashion, the	152746
Commissioner shall waive or abate all delinquent use tax owed by	152747
the consumer before January 1, 2010, and all applicable penalties	152748
and interest accrued before and after January 1, 2010. For any	152749
consumer that does not participate in the use tax amnesty program	152750
under this section, the Commissioner may audit and make an	152751
assessment against the consumer for all delinquent use tax due	152752
from that consumer on or after January 1, 2008, plus all	152753
applicable penalties and interest, as permitted by section 5703.58	152754
of the Revised Code.	152755

(D) As soon as practical after the effective date of this	152756
section, the Tax Commissioner shall implement and adopt rules to	152757
administer a payment plan program. Upon application by a consumer	152758
that participates in the use tax amnesty program under this	152759
section, the Commissioner may enter into a payment plan with the	152760
consumer allowing the participant to pay the amount of use tax	152761
owed by the consumer over a time period of up to twenty-four	152762
months, plus interest computed at the rate per annum determined	152763
under section 5703.47 of the Revised Code. If the consumer fails	152764
to remit the unpaid use tax or fails to comply with the terms of a	152765
payment plan, the Commissioner shall certify to the Attorney	152766
General any remaining unpaid amount in accordance with section	152767
131.02 of the Revised Code.	152768

(E) A consumer against which the Tax Commissioner has issued	152769
an assessment on or before the effective date of this section is	152770
not eligible to participate in the use tax amnesty program	152771
established under this section.	152772

(F) A person who participates in the program and pays the	152773
required outstanding delinquent tax in accordance with this	152774
section shall not be subject to any criminal prosecution or any	152775
civil action with respect to that tax, and no assessment shall	152776
thereafter be issued against that person with respect to that tax.	152777

(G) Taxes and interest collected under the program shall be	152778
credited to the General Revenue Fund, except that delinquent taxes	152779
levied under section 5741.021, 5741.022, or 5741.023 of the	152780
Revised Code shall be distributed to the appropriate counties and	152781
transit authorities in accordance with section 5741.03 of the	152782
Revised Code during the next distribution required under that	152783
section.	152784

Section 757.50. All inheritance tax files that still remain	152785
open under temporary order, or otherwise, for which the "ultimate	152786
succession" pursuant to former sections 5731.28 and 5731.29 of the	152787
Revised Code as those sections existed before their repeal by S.B.	152788
326 of the 107th General Assembly (effective July 1, 1968),	152789
relating to the inheritance tax, has not been finalized and have	152790
not been submitted to the Department of Taxation as explained	152791
below, shall be considered to be closed as of January 1, 2013.	152792

Notwithstanding the former sections of the Revised Code	152793
constituting the Ohio Inheritance Tax as those sections existed	152794
before their repeal by that act, all claims and inquiries must be	152795
received by the Department of Taxation, or postmarked on or	152796
before, December 31, 2012.	152797

Section 757.60. The amendment by this act of division (OO) of	152798
section 5739.01 of the Revised Code is to clarify the General	152799
Assembly's intent of that section when enacted.	152800

Section 757.80. The amendment by this act of section 5709.07	152801
of the Revised Code applies to tax years 2011 and thereafter.	152802

Section 757.90. For the purposes of this section,	152803
"proceedings" and "securities" have the same meaning as in section	152804
133.01 of the Revised Code.	152805

The amendment or enactment by this act of sections 145.56,	152806
319.301, 3305.08, 3307.41, 3309.66, 3316.041, 3316.06, 3316.08,	152807
3317.08, 5505.22, 5705.214, 5705.29, 5748.01, 5748.05, 5748.081,	152808
and 5748.09 of the Revised Code apply to any proceedings commenced	152809
after the effective date of sections 145.56, 3305.08, 3307.41,	152810
3309.66, 3316.08, 5505.22, 5705.214, 5705.29, 5748.01, 5748.05,	152811
5748.081, and 5748.09 of the Revised Code and, so far as their	152812
provisions support the actions taken, also apply to any	152813
proceedings that on that effective date are pending, in progress,	152814
or completed, and to any elections authorized, conducted, or	152815
certified and securities authorized or issued pursuant to those	152816
proceedings, notwithstanding any law, resolution, ordinance,	152817
order, advertisement, notice, or other proceeding in effect before	152818
that effective date. Any proceedings pending or in progress on, or	152819
completed by, that effective date, elections authorized,	152820
conducted, or certified, and securities sold, issued, and	152821
delivered, or validated, pursuant to those proceedings, are	152822
ratified with respect to, and shall be deemed to have been taken,	152823
authorized, conducted, certified, sold, issued, delivered, or	152824
validated in conformity with section 5748.09 of the Revised Code	152825
and the amended sections so far as their provisions support the	152826
actions taken. To the extent those proceedings are proper in all	152827
other respects, if the proceedings are filed with a board of	152828
elections in anticipation of the taking effect of those amendments	152829
and enactments and in a manner that would be valid if the	152830
amendments and enactments took effect on the date they became law,	152831
then that board of elections, so long as it received a	152832
confirmation stating an intention to proceed from or on behalf of	152833
the board of education within five business days after the	152834
effective date of the amendments and enactments shall accept the	152835
proceedings and take any actions or make any arrangements	152836
necessary for the submission of a question to the electors or	152837
otherwise required by the Revised Code.	152838

The amendment or enactment by this act of sections 145.56,	152839
319.301, 3305.08, 3307.41, 3309.66, 3316.041, 3316.06, 3316.08,	152840
3317.08, 5505.22, 5705.214, 5705.29, 5748.01, 5748.05, 5748.081,	152841
and 5748.09 of the Revised Code provide additional or supplemental	152842
provisions for subject matter that may also be the subject of	152843
other laws, and are intended to be supplemental to, and not in	152844
derogation of, any similar authority provided by, derived from, or	152845
implied by the Ohio Constitution, or any other law, including laws	152846
amended by this act, or any charter, order, resolution, or	152847
ordinance; and those amendments and enactments shall not be	152848
interpreted to negate the authority provided by, derived from, or	152849
implied by such constitution, laws, charters, orders, resolutions,	152850
or ordinances.	152851

Section 757.93. The amendment by this act of division (C) of	152852
section 5733.351 of the Revised Code is intended to clarify the	152853
law as it existed before the enactment of this act and shall be	152854
construed accordingly.	152855

Section 761.10. (A) Any member of the 129th General Assembly	152856
may request the clerk of their respective chamber to reduce the	152857
member's base salary by five per cent for the remainder of that	152858
General Assembly. For purposes of this division, a member's base	152859
salary is the salary amount specified in divisions (A)(1) and (3)	152860
of section 101.27 of the Revised Code, as increased by division	152861
(B) of that section, for the 129th General Assembly.	152862

(B) The base salary of any member who is appointed to the	152863
129th General Assembly after July 1, 2011, shall be $57,555 for	152864
the remainder of the term to which the member was appointed.	152865

(C) The clerks of each chamber shall, on a quarterly basis,	152866
request the Director of Budget and Management to transfer all	152867
savings derived as a result of divisions (A) and (B) of this	152868
section to GRF appropriation item 600540, Second Harvest Food	152869
Banks, and those amounts transferred are hereby appropriated.	152870

Section 801.20. As used in the uncodified law of this act,	152871
"American Recovery and Reinvestment Act of 2009" means the	152872
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	152873
111-5, 123 Stat. 115.	152874

Section 801.30. REVENUE GENERATED BY TRANSFER OF LIQUOR	152875
ENTERPRISE TO JOBSOHIO	152876

The revenue estimates for fiscal year 2012 assume receipt of	152877
$500,000,000 in cash from JobsOhio pursuant to section 4313.02 of	152878
the Revised Code, as enacted by this act, and the transfer of the	152879
enterprise acquisition project authorized therein.	152880

Section 803.40. Sections 121.40, 121.401 to 121.404, 1501.40,	152881
3301.70, 3333.043, and 4503.93 of the Revised Code continue to	152882
operate the same as they did before their amendment by this act,	152883
except for the name of the Ohio Community Service Council being	152884
changed to the Ohio Commission on Service and Volunteerism.	152885

Section 803.60. Section 3903.301 of the Revised Code shall	152886
apply only to formal delinquency proceedings that commence under	152887
sections 3903.01 to 3903.59 of the Revised Code on or after the	152888
effective date of this act.	152889

Section 803.70. The amendment by this act to section 119.032	152890
of the Revised Code does not accelerate the taking effect of the	152891
amendment to that section by S.B. 2 of the 129th General Assembly,	152892
which takes effect January 1, 2012.	152893

Section 806.10. The items of law contained in this act, and	152894
their applications, are severable. If any item of law contained in	152895
this act, or if any application of any item of law contained in	152896
this act, is held invalid, the invalidity does not affect other	152897
items of law contained in this act and their applications that can	152898
be given effect without the invalid item of law or application.	152899

Section 809.10. An item of law, other than an amending,	152900
enacting, or repealing clause, that composes the whole or part of	152901
an uncodified section contained in this act has no effect after	152902
June 30, 2013, unless its context clearly indicates otherwise.	152903

Section 812.10. Except as otherwise provided in this act, the	152904
amendment, enactment, or repeal by this act of a section is	152905
subject to the referendum under Ohio Constitution, Article II,	152906
section 1c and therefore takes effect on the ninety-first day	152907
after this act is filed with the Secretary of State or, if a later	152908
effective date is specified below, on that date.	152909

The amendment or repeal of sections 9.231, 9.24, 127.16,	152910
1751.01, 1751.04, 1751.11, 1751.111, 1751.12, 1751.13, 1751.15,	152911
1751.17, 1751.20, 1751.31, 1751.34, 1751.60, 2744.05, 3111.04,	152912
3113.06, 3119.54, 3901.3814, 3923.281, 3963.01, 4731.65, 4731.71,	152913
5101.5211, 5101.5212, 5101.5213, 5101.5214, 5101.5215, 5101.5216,	152914
5101.571, 5101.58, 5111.0112, and 5111.941 of the Revised Code	152915
takes effect October 1, 2011.	152916

The amendment or enactment of sections 123.10, 154.11,	152917
154.24, 154.25, 5120.105, 5707.031, 5725.151, 5725.24, and	152918
5751.011 of the Revised Code and Sections 701.50 and 515.40 of	152919
this act takes effect January 1, 2012.	152920

The amendment of sections 131.44 and 131.51 of the Revised	152921
Code takes effect June 1, 2013.	152922

Section 812.20. The amendment, enactment, or repeal by this	152923
act of the sections listed below is exempt from the referendum	152924
under Ohio Constitution, Article II, section 1d and section 1.471	152925
of the Revised Code and therefore takes effect immediately when	152926
this act becomes law or, if a later effective date is specified	152927
below, on that date.	152928

Sections 9.06, 9.833, 9.90, 9.901, 101.532, 101.82, 111.12,	152929
111.16, 111.18, 111.181, 111.28, 111.29, 117.13, 121.37, 124.09,	152930
124.14, 124.141, 124.15, 124.23, 124.231, 124.25, 124.26, 124.27,	152931
124.31, 125.15, 125.18, 125.213, 125.28, 125.89, 126.04, 126.12,	152932
126.24, 127.14, 149.091, 149.11, 149.311, 187.02, 187.03, 305.171,	152933
319.301, 505.60, 505.601, 505.603, 901.09, 924.52, 927.69,	152934
1309.528, 1327.46, 1327.50, 1327.501, 1327.51, 1327.511, 1327.54,	152935
1327.57, 1327.62, 1327.99, 1329.04, 1329.42, 1332.24, 1501.031,	152936
1515.14, 1545.071, 1551.311, 1551.32, 1551.35, 1555.02, 1555.03,	152937
1555.04, 1555.05, 1555.06, 1555.08, 1555.17, 1701.07, 1702.59,	152938
1703.031, 1703.07, 1776.83, 1785.06, 3301.07, 3301.16, 3301.162,	152939
3301.81, 3301.82, 3302.031, 3302.07, 3306.01, 3306.011, 3306.012,	152940
3306.02, 3306.03, 3306.04, 3306.05, 3306.051, 3306.052, 3306.06,	152941
3306.07, 3306.08, 3306.09, 3306.091, 3306.10, 3306.11, 3306.12,	152942
3306.13, 3306.19, 3306.191, 3306.192, 3306.21, 3306.22, 3306.29,	152943
3306.291, 3306.292, 3307.31, 3307.64, 3309.41, 3309.48, 3309.51,	152944
3310.02, 3310.03, 3310.05, 3310.08, 3310.41, 3311.05, 3311.059,	152945
3311.0510, 3311.06, 3311.19, 3311.21, 3311.29, 3311.52, 3311.76,	152946
3313.411, 3313.55, 3313.64, 3313.6410, 3313.843, 3313.88,	152947
3313.976, 3313.978, 3313.979, 3313.981, 3314.012, 3314.08,	152948
3314.085, 3314.087, 3314.088, 3314.091, 3314.10, 3314.11,	152949
3314.111, 3314.13, 3314.35, 3315.01, 3316.041, 3316.06, 3316.20,	152950
3316.21, 3317.01, 3317.011, 3317.013, 3317.014, 3317.016,	152951
3317.017, 3317.018, 3317.02, 3317.021, 3317.022, 3317.023,	152952
3317.024, 3317.025, 3317.0210, 3317.0211, 3317.0212, 3317.0216,	152953
3317.03, 3317.031, 3317.04, 3317.05, 3317.051, 3317.053, 3317.061,	152954
3317.07, 3317.08, 3317.081, 3317.082, 3317.09, 3317.11, 3317.12,	152955
3317.16, 3317.17, 3317.18, 3317.19, 3317.20, 3317.201, 3318.011,	152956
3318.051, 3318.36, 3319.19, 3319.39, 3319.57, 3319.62, 3323.091,	152957
3323.14, 3323.142, 3323.31, 3324.05, 3326.33, 3326.39, 3327.02,	152958
3327.04, 3327.05, 3329.16, 3345.14, 3345.81, 3349.242, 3353.15,	152959
3365.01, 3365.08, 3506.05, 3701.0211, 3704.06, 3704.14, 3734.901,	152960
3745.015, 3745.016, 3793.04, 3793.21, 4115.101, 4121.03, 4121.12,	152961
4121.121, 4121.125, 4121.128, 4121.44, 4121.75, 4121.76, 4121.77,	152962
4121.78, 4121.79, 4123.341, 4123.342, 4123.35, 4141.08, 4141.11,	152963
4301.43, 4511.191, 4725.34, 4733.15, 4733.151, 5111.0122,	152964
5111.0213, 5111.0215, 5111.945, 5112.99, 5112.991, 5120.092,	152965
5123.0419, 5126.0511, 5126.11, 5126.18, 5126.24, 5703.05,	152966
5705.211, 5715.26, 5727.84, 5727.85, 5727.86, 5747.46, 5747.51,	152967
5747.52, 5747.53, 5751.20, 5751.21, 5751.22, 5751.23, and 6109.21.	152968

The amendment, enactment, or repeal of sections 109.572,	152969
173.21, 173.35 (5119.69), 173.351 (5119.691), 173.36 (5119.692),	152970
340.03, 340.05, 340.08, 340.091, 340.11, 2317.02, 2317.422,	152971
2903.33, 3306.12 (3317.0212), 3313.65, 3318.49, 3326.11, 3701.07,	152972
3701.74, 3721.02, 3721.50, 3721.51, 3721.56, 3721.561 (3721.56),	152973
3721.58, 3722.011 (5119.701), 3722.021 (5119.711), 3722.022	152974
(5119.712), 3722.03 (5119.72), 3722.041 (5119.731), 3722.05	152975
(5119.74), 3722.06 (5119.75), 3722.07 (5119.76), 3722.08	152976
(5119.77), 3722.09 (5119.78), 3722.10 (5119.79), 3722.11	152977
(5119.80), 3722.12 (5119.81), 3722.13 (5119.82), 3722.14	152978
(5119.83), 3722.15 (5119.84), 3722.151 (5119.85), 3722.16	152979
(5119.86), 3722.17 (5119.87), 3722.18 (5119.88), 3722.99, 3737.83,	152980
3737.841, 3769.08, 3769.20, 3769.26, 3781.183, 3791.043, 5101.35,	152981
5101.60, 5101.61, 5111.023, 5111.025, 5111.113, 5111.222,	152982
5111.231, 5111.24, 5111.243, 5111.244, 5111.25, 5111.254,	152983
5111.911, 5111.912, 5112.30, 5112.31, 5112.37, 5112.371, 5112.39,	152984
5119.18, 5119.61, 5119.613 (5119.614), 5119.62, 5119.621,	152985
5119.622, 5119.623, 5119.99, 5122.15, 5701.13, and 5731.39 of the	152986
Revised Code takes effect July 1, 2011.	152987

The amendment of sections 5112.40, 5112.41, and 5112.46 of	152988
the Revised Code takes effect October 1, 2011.	152989

Sections of this act prefixed with section numbers in the	152990
200's, 300's, 400's, 500's, and 600's, except for Sections	152991
309.30.40, 501.10, 515.20, 690.10, and 690.11 of this act and	152992
except for the amendment of Section 105.45.70 of Sub. H.B. 462 of	152993
the 128th General Assembly.	152994

Sections 701.20, 733.10, 749.10, 753.10, 757.10, 757.20, and	152995
757.30 of this act.	152996

Sections 801.20, 812.10, 812.20, and 812.30 of this act.

152997

Section 812.30. The sections that are listed in the left-hand	152998
column of the following table combine amendments by this act that	152999
are and that are not exempt from the referendum under Ohio	153000
Constitution, Article II, sections 1c and 1d and section 1.471 of	153001
the Revised Code.	153002

The middle column identifies the amendments to the listed	153003
sections that are subject to the referendum under Ohio	153004
Constitution, Article II, section 1c and therefore take effect on	153005
the ninety-first day after this act is filed with the Secretary of	153006
State or, if a later effective date is specified, on that date.	153007

The right-hand column identifies the amendments to the listed	153008
sections that are exempt from the referendum under Ohio	153009
Constitution, Article II, section 1d and section 1.471 of the	153010
Revised Code and therefore take effect immediately when this act	153011
becomes law or, if a later effective date is specified, on that	153012
date.	153013

Section of law	Amendments subject to referendum	Amendments exempt from referendum	153014
102.02	All amendments except as described in the right-hand column	The amendment in division (A) striking through "the director appointed by the workers' compensation council;"	153015
109.57	All amendments except as described in the right-hand column	The amendment to division (G) takes effect July 1, 2011	153016
173.14	All amendments except as described in the right-hand column	The amendments to divisions (A)(1)(d) and (f) take effect July 1, 2011	153017
173.26	All amendments except as described in the right-hand column	The amendment to division (A)(4) takes effect July 1, 2011	153018
173.42	All amendments except as described in the right-hand column	The amendment to division (I)(3) takes effect July 1, 2011	153019
187.01	The amendment to division (I)	All amendments except as described in the middle column	153020
1551.33	The amendment in division (C) striking through "1551.13,"	All amendments except as described in the middle column	153021
3313.29	The amendment striking "149.41" and inserting "149.381"	The amendment striking "(I)" and inserting "(E)"	153022
3314.10	The amendments to divisions (A) and (B)(1)	The amendments to division (B)(2)	153023
3314.19	All amendments except amendments to division (A)	Amendments to division (A)	153024
3314.22	All amendments except as described in the right column	The amendments to division (A)(3) and (4) striking references to the office of community schools and inserting references to the department of education	153025
3317.06	The amendments to divisions (A)(2), (K), and (L) and the addition of division (O)	All amendments except as described in the middle column	153026
3318.032	The amendment inserting "subject to a new project scope and estimated costs under section 3318.054 of the Revised Code,"	1. The amendment striking "one-year" and inserting "thirteen-month" 2. The amendment striking "year" and inserting "period"	153027
3318.05	The amendment inserting ", subject to section 3318.054 of the Revised Code"	The amendment striking "one year" and inserting "thirteen months"	153028
3318.41	The amendments to divisions (D)(2) and (H)	The amendment to division (D)(1)(b)	153029
3319.17	The amendment to division (B)	Amendment to division (A)	153030
3721.01	All amendments except as described in the right-hand column	The amendment to division (A)(1)(c)(iv) takes effect July 1, 2011	153031
3722.01 (5119.70)	The amendments to division (A)(13)	All amendments except the amendments to division (A)(13)	153032
3722.04 (5119.73)	The amendments to division (C)	All amendments except the amendments to division (C)	153033
3734.57	All amendments except amendments to division (A)	Amendments to division (A)	153034
3745.11	The amendment inserting division (S)(3) and amendments in division (S)(1) relating thereto	All amendments except as described in the middle column	153035
4115.10	All amendments except as described in the right-hand column	The amendment in division (A) striking "penalty enforcement" and inserting "labor operating" and striking ", which is hereby created in the state treasury	153036
5111.873	1. The amendment to division (A) that inserts "subject to division (D) of this section" 2. All of division (D)	All amendments except as described in the middle column	153037
5119.22	All amendments except as described in the right-hand column	The amendments to division (A)(1)(a) and the paragraph following division (A)(1)(d)(iii) take effect July 1, 2011	153038
5123.19	All amendments except as described in the right-hand column	The amendment to division (B) takes effect July 1, 2011	153039
5126.05	The amendment to division (D)	The amendment to division (A)(4)	153040

Section 812.40. The amendments to sections 5101.26, 5123.19,	153041
and 5123.191 of the Revised Code are subject to the referendum	153042
under Ohio Constitution, Article II, Section 1c and section 1.471	153043
of the Revised Code, and therefore take effect on the ninety-first	153044
day after this act is filed with the Secretary of State. However:	153045

In section 5101.26 of the Revised Code, the amendment	153046
striking "and 5101.5211 to 5101.5216" takes effect on October 1,	153047
2011.	153048

The amendment to divisions (B) and (G) of section 5123.191 of	153049
the Revised Code take effect October 1, 2012.	153050

Section 815.20. The General Assembly, applying the principle	153051
stated in division (B) of section 1.52 of the Revised Code that	153052
amendments are to be harmonized if reasonably capable of	153053
simultaneous operation, finds that the following sections,	153054
presented in this act as composites of the sections as amended by	153055
the acts indicated, are the resulting versions of the sections in	153056
effect prior to the effective date of the sections as presented in	153057
this act:	153058

Section 9.06 of the Revised Code as amended by Am. Sub. H.B.	153059
130 of the 127th General Assembly and Am. Sub. H.B. 1 of the 128th	153060
General Assembly.	153061

Section 121.37 of the Revised Code as amended by Am. Sub.	153062
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153063

Section 123.01 of the Revised Code as amended by both Am.	153064
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153065

Section 124.11 of the Revised Code as amended by Am. Sub.	153066
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153067

Section 124.23 of the Revised Code as amended by Am. Sub.	153068
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153069

Section 124.27 of the Revised Code as amended by Am. Sub.	153070
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153071

Section 124.34 of the Revised Code as amended by Am. Sub.	153072
H.B. 1 and Am. Sub. H.B. 16 of the 128th General Assembly.	153073

Section 127.16 of the Revised Code as amended by Am. Sub.	153074
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153075

Section 505.49 of the Revised Code as amended by both Am.	153076
Sub. H.B. 490 and Am. H.B. 515 of the 124th General Assembly.	153077

Section 1901.02 of the Revised Code as amended by both Am.	153078
Sub. H.B. 238 and Sub. H.B. 338 of the 128th General Assembly.	153079

Section 1533.111 of the Revised Code as amended by Am. Sub.	153080
H.B. 66 and H.B. 296 of the 126th General Assembly.	153081

Sections 1923.01 and 1923.02 of the Revised Code as amended	153082
by both Sub. H.B. 56 and Am. Sub. S.B. 10 of the 127th General	153083
Assembly.	153084

Section 2903.33 of the Revised Code as amended by Am. Sub.	153085
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153086

Section 3301.07 of the Revised Code as amended by Am. Sub.	153087
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153088

Section 3311.054 as amended by Am. Sub. H.B. 601 and Am. Sub.	153089
S.B. 230 of the 121st General Assembly.	153090

Section 3313.65 of the Revised Code as amended by Am. Sub.	153091
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153092

Section 3317.02 of the Revised Code as amended by Am. Sub.	153093
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153094

Section 3317.024 of the Revised Code as amended by Am. Sub.	153095
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153096

Section 3317.03 of the Revised Code as amended by Am. Sub.	153097
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153098

Section 3317.20 of the Revised Code as amended by Am. Sub.	153099
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153100

Section 3323.091 of the Revised Code as amended by Am. Sub.	153101
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153102

Section 3323.142 of the Revised Code as amended by Am. Sub.	153103
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153104

Section 3721.01 of the Revised Code as amended by Am. Sub.	153105
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153106

Section 3722.01 of the Revised Code as amended by Am. Sub.	153107
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153108

Section 4115.04 of the Revised Code as amended by Sub. H.B.	153109
443 and Am. Sub. H.B. 699 of the 126th General Assembly.	153110

Section 4517.01 of the Revised Code as amended by Am. H.B. 9	153111
and Am. Sub. H.B. 114 of the 129th General Assembly.	153112

Section 4928.01 of the Revised Code as amended by both Am.	153113
Sub. S.B. 181 and Am. Sub. S.B. 232 of the 128th General Assembly.	153114

Section 5111.211 of the Revised Code as amended by Am. Sub.	153115
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153116

Section 5112.30 of the Revised Code as amended by Am. Sub.	153117
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153118

Section 5112.37 of the Revised Code as amended by Am. Sub.	153119
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153120

Section 5119.16 of the Revised Code as amended by Am. Sub.	153121
H.B. 1 and S.B. 79 of the 128th General Assembly.	153122

Section 5123.0412 of the Revised Code as amended by Am. Sub.	153123
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153124

Section 5123.0413 of the Revised Code as amended by Am. Sub.	153125
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153126

Section 5123.0417 of the Revised Code as amended by Am. Sub.	153127
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153128

Section 5123.19 of the Revised Code as amended by Am. Sub.	153129
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153130

Section 5126.05 of the Revised Code as amended by Am. Sub.	153131
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153132

Section 5126.054 of the Revised Code as amended by Am. Sub.	153133
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153134

Section 5126.0512 of the Revised Code as amended by Am. Sub.	153135
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153136

Section 5126.24 of the Revised Code as amended by Am. Sub.	153137
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	153138

Section 5705.19 of the Revised Code as amended by Am. Sub.	153139
H.B. 48 and Sub. H.B. 313 of the 128th General Assembly.	153140

Section 5723.05 of the Revised Code as amended by Am. Sub.	153141
H.B. 387 and Am. Sub. H.B. 576 of the 118th General Assembly.	153142

Section 5739.02 of the Revised Code as amended by Am. Sub.	153143
S.B. 181 and Am. Sub. S.B. 232 of the 128th General Assembly.	153144